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Judge Carnes Becomes Chief Judge Carnes Page 373 How Does Your Malpractice Insurer Treat You When You Have a Claim? November 2013 | Volume 74, Number 6 Judge Carnes Becomes Chief Judge Carnes Page 373 How Does Your Malpractice Insurer Treat You When You Have A Claim? You can do better, call AIM today. We understand the practice oflaw. We were formed by attorneys to serve attorneys. Attorneys Insurance Mutual Telephone 205-980-0009 of the South® Toll Free 800-526-1246 Fax 205-980-9009 200 Inverness Parkway Birmingham, Alabama 35242 www.AttyslnsMut .com "Insuring and Serving Practicing Attorneys Since 1989" Copyright 2013 by Attorneys In surance Mutual of the South ® DECEMBER2013 ••••••••••••••••••••••••••••••••••••••••••• AlabamaUpdate-Montgomery 4 Areyou ready for 2014? Getkey updates on signifi­ cantdeve lopmentsin Alabamalaw, as well as late­ breakinginformation to raise yourlevel of expertise andkeep you compet itivein yourpract ice. TortLaw 6 Getpractica l advicefrom our l egalexperts on hot top­ ics in AlabamaTort Law including immunity issues , subrogation,uninsured/underinsured motorists , and useof social media in yourtort practice.Whether you representthe pla intiff or defendant,attend the semi­ nar and pick up valuablepractice tips that can help youhandle the case for your client and lead to a winningverdict. EstatePlanning C,LEALABAMA 13 Yourclients depend on you to protecttheir financial interests , butplan­ ~ Advancing your practice ningin today's financialenvironment is more complex than ever. Don't missthis importantprogram , whichfor 36years has provided Alabama attorneyswith the practical, up-to-dateinformation essential to any LIVESEMINARS estateplanning practice. Registerat CLEalabama.comor call 800.627.6514 or 205.348.6230for EmploymentLaw more information. 18 In theseuncertain economic times , it is vitallyimportant to understand CAN'TATTEND IN PERSON? the challengesfacing businesses and their employees . Whetheryou Checkout our other opportuni ties. representemployers or employees- or both- this seminarwill provide Webeasts: the necessarytools to addressyour clients ' issues. Manyof ourseminars will bewebcast. Watchthe seminar as it happensfrom AlabamaUpdate-Birmingham yourown computer! Areyou ready for 2014?Get key updates on significantdevelopments 19 On-line: in Alabamalaw , aswell as late-breaking information to raiseyour level VisitCLEalabama.com for2417 access to of expertiseand keep you competitive in yourpractice. over200 on line seminars and teleconferences. TrialSkills featuring the NEW Rules of 20 Evidencewith Charles Gamble and Friends TheAlabama Rules of Evidencehave changed , but no needto worry! CharlesGamble is backto get youup to speedon the changesand howthey may impact your practice. Dean Gamble will bejo inedby the committeemembers who originally researched each amendment, so besure to takeadvantage of this opportunityto learnfrom the experts THE UNIVERSITY OF aboutthese crucial changes. ALABAMA Themorning session will bedevoted to thenew Rules of Evidence, while the afternoonsession will focuson creativeprac ticetips fromsome SCHOOL OF LAW of the besttrial lawyersin the state. Don'tmiss this opportunityto increaseyour expert iseand hone your l itigationskills! Registernow at CLEalabama.com ••••••••••••••••••••••••••••••••••••••••••••••••••••• November 2013 | Vol. 74, No. 6 380 386 392 FEATURES 373 Judge Carnes Becomes Chief Judge Carnes By Emily J. Tidmore 378 Dean Kenneth C. Randall Retires: University of Alabama School of Law, 1994-2013 380 From Clients’ Lips to Counsel’s Ear: Effective Service to Institutional Clients ON THE COVER By Timothy M. Lupinacci On August 1, 2013, United States Circuit 386 Economic Duress: Judge Ed Carnes assumed the duties of A Poor Excuse for Non-Performance Chief Judge of the United States Court of By George M. Walker and Robert S. Walker Appeals for the Eleventh Circuit and as chair of the Eleventh Circuit Judicial 392 The Veterans’ Benefit Known as “Aid and Attendance” Council. In fulfilling the duties of the By William G. Nolan office, Chief Judge Carnes becomes the 398 Alabama and the Uniform Law Commission highest-ranking judicial officer in the By Senator Cam Ward Eleventh Circuit and fills one of the Circuit’s two positions on the Judicial 400 ALABAMA LAW FOUNDATION ACTIVITIES: Conference of the United States, the princi- Foundation Welcomes New President and pal policy-making organization for the United States courts. Judge Carnes suc- Board Members ceeds Judge Joel F. Dubina of Montgomery, Justice Janie L. Shores Scholarship Recipient Named who served as Chief Judge from June 1, 2009 to July 31, 2013. Judge Dubina will Foundation Announces Kids’ Chance Scholarship remain in active service on the court. Recipients www.alabar.org | THE ALABAMA LAWYER 361 Gregory H. Hawley, Birmingham..........................Chair and Editor ADVERTISERS ALABAMA STATE BAR [email protected] 415 Dexter Avenue Linda G. Flippo, Birmingham .....Vice Chair and Associate Editor Montgomery, AL 36104 [email protected] ABA Retirement Funds..........................366 (334) 269-1515 • (800) 354-6154 Wilson F. Green, Tuscaloosa........Vice Chair and Associate Editor FAX (334) 261-6310 [email protected] ACDLA.....................................................413 www.alabar.org Margaret L. Murphy, Montgomery.....................Staff Liaison and ALABAMA STATE BAR STAFF Director of Publications [email protected] University of Alabama Executive Director.........................................Keith B. Norman Director of Personnel and Operations................Diane Locke School of Law......................................377 ASB Foundation Assistant/ Robert A. Huffaker, Montgomery...Chair and Editor, 1983-2010 Executive Assistant ......................................Ann Rittenour Attorneys Insurance Mutual Assistant Executive Director.................Edward M. Patterson Director of External Relations and Projects BOARD OF EDITORS of the South .........................................358 and Annual Meeting .................................Christina Butler Melanie M. Atha, Birmingham • Marc J. Ayers, Birmingham • David A. Administrative Assistants for External Relations Bagwell, Fairhope • LaVeeda M. Battle, Hoover • Jennifer M. Bedsole, Birmingham • H. Lanier Brown, II, Birmingham • Henry L. (Max) Cassady, Jr., and Projects .................................Mary Frances Garner Birmingham School of Law...................417 Fairhope • Rhonda P. Chambers, Birmingham • Cason Crosby Cheely, Marcia N. Daniel Daphne • Amy M. Hampton, Alexander City • Walter E. McGowan, Tuskegee • Director of Digital Communications...........J. Eric Anderson Rebecca Keith McKinney, Huntsville • Jeffrey R. McLaughlin, Guntersville • Cain & Associates Engineers.................383 Director of Information Technology ..............Dolan L. Trout James R. Moncus, III, Birmingham • Joi T. Montiel, Montgomery • Anil A. Mujumdar, Birmingham • Sherrie L. Phillips, Montgomery • Allison O. Programmer ...................................................Larry D. Pratt Skinner, Birmingham • Marc A. Starrett, Montgomery • M. Chad Tindol, Phillip G. Cantrell Website Administrator ................................Willie Murphy Tuscaloosa • Jason B. Tompkins, Birmingham Information Systems Manager ...............O. Hunter Harris Expert Witness....................................365 Director of Regulatory Programs .......................Angela Parks OFFICERS MCLE Administrative Assistant ..............Carol Thornton Anthony A. Joseph, Birmingham.......................................................President Membership Richard J.R. Raleigh, Jr., Huntsville..........................................President-elect CLE Alabama...........................................360 Phillip W. McCallum, Birmingham.......................Immediate Past President Administrative Assistant...................Cathy Sue McCurry W. N. (Rocky) Watson, Fort Payne............................................Vice President Regulatory Programs Keith B. Norman, Montgomery..........................................................Secretary Cumberland School of Law ...................367 Administrative Assistant............................Doris McDaniel W. Christopher Waller, Jr., Montgomery.......Young Lawyers’ Section President Director of Publications..........................Margaret L. Murphy BOARD OF BAR COMMISSIONERS Director of Admissions ...........................Dorothy D. Johnson 1st Circuit, Halron W. Turner, Chatom • 2nd Circuit, Jerry L. Thornton, Davis Direct.............................................414 Hayneville • 3rd Circuit, Christina D. Crow, Union Springs • 4th Circuit, Admissions Administrative Assistants.........Crystal Jones Jana Russell Garner, Selma • 5th Circuit, Charles G. Reynolds, Jr., Lanett • Sonia Douglas 6th Circuit, Place No. 1, Terri O. Tompkins, Tuscaloosa • Place No. 2, R. J. Forrester DeBuys, III...........................383 Hays Webb, Tuscaloosa • 7th Circuit, William H. (Bill) Broome, Anniston • Public Information Officer.......................................Brad Carr 8th Circuit, Phil D. Mitchell, II, Decatur • 9th Circuit, W. N. (Rocky) Financial Administrator ......................................Gale Skinner Watson, Fort Payne • 10th Circuit, Place No. 1, Leslie R. Barineau, Financial Assistant/Scanning Operator ...........Kristi Neal Birmingham • Place No. 2, S. Greg Burge, Birmingham • Place No. 3, Barry Expedited Process A. Ragsdale, Birmingham • Place No. 4, Robert G. Methvin, Jr., Graphic Arts Director ...................................Roderick Palmer Serving, LLC ............................419
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