Adrienne Wooten, Jackson Graduate of the University of Mississippi School of Law, Adrienne Wooten Was Admitted to the Mississippi Bar in 1999
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VOL. LX WINTER 2014 NO. 2 Front Row: Mark B. Higdon; Mark A. Bilbrey; John T. Cossar; Rande K. Yeager; J.M. “Mike” Sellari Back Row: J. Walter Michel; James M. Ingram; Robert Lampton; Harry M. Walker; W. Parrish Fortenberry; Ronnie Smith; Chip Triplett; Stewart R. Speed; Larry E. Favreau We may dress casually, but we’re serious about your title business. Title insurance isn’t something you trust to just anybody. That’s why we’ve assembled a team of the most respected business leaders around for our board of directors. eir vision and integrity have helped make Mississippi Valley Title the leading title insurance company in Mississippi. Add to that our sta’s local knowledge and experience and you have a very serious title insurance partner. Call us today. 601.969.0222 | 800.647.2124 | www.mvt.com Expert underwriters to help you navigate complicated transactions Another reason why Stewart is the right underwriter for you. Choose Stewart Title Guaranty Company as your underwriter, and you’ll be able to call upon the unsurpassed experience of our underwriting team. With hundreds of years of cumulative experience, our experts have the in-depth knowledge necessary to guide you through complex issues. Plus, Stewart also provides our issuing agencies with access to Virtual Underwriter ®, our online resource that provides 24/7 access to all the information needed to close a transaction. Contact us today for more information on why Stewart is the right underwriter for you. (601) 977-9776 stewart.com/mississippi Danny L. Crotwell, Esq. Sean M. Culhane, Esq. State Underwriting Counsel Agency Services Manager [email protected] [email protected] © 2013 Stewart. FACTS AND FIGURES OF SUCCESS GRADUATION (MAY 2013) LAW CENTERS PUBLIC INFORMATION PROGRAMS !"# $% degrees +ioethics and ?ealth 'aw $udicial %ata =roject & ''( degrees )(exico* +razil* 'itigation and %ispute @esolution www.law.mc.edu/judicial ,igeria* -hina.. +usiness and ;ax 'aw (ississippi 'egislative ?istory =roject Aamily and -hildren www.law.mc.edu/legislature JULY MISSISSIPPI BAR EXAM =ublic Bnterest 'aw t (ississippi 'egal @esources /0!/1 #/ of 23 or 2"4#5 of (- 'aw Bnternational and -omparative 'aw www.law.mc.edu/mlr grads passed )overall 2!435. /0!31 #" of 26 or 274&5 of (- 'aw LAW PROGRAMS FACULTY grads passed )overall 2"4/5. $uris %octorate degree )$4%4. /" full time faculty Cxecutive $4%4 program )part time. www.law.mc.edu/faculty ENTERING CLASS (AUGUST 2013) :cademic 9uccess program )summer start. !3 hold =h4%4 or (asters degrees !76 $% candidates Aast 9tart =rogram )summer start. in addition to $% degrees "&5 (ississippi 8 3"5 out of state -ivil 'aw =rogram )'ouisiana. 2" adjunct faculty 7" undergrad schools (aster of 'aws )''(. in :merican 'egal !"& high '9:; 9tudies for Bnternational 'awyers MEMBERSHIP !&6 median '9:; Aoreign 9tudy =rogram )(erida* (exicoD :ccredited by the :merican +ar &4/! high <=: -hina89eoul* EoreaD +erlin* <ermanyD :ssociation 3430 median <=: ?avanna* -ubaD 'ille* Arance. (ember* :ssociation of 7#5 male ;woFGear $% =rogram :merican 'aw 9chools &35 female :doption =roject -harter (ember* Bnternational /75 minority (ission Airst 'egal :id -linic :ssociation of 'aw 9chools >/*0!#*000 awarded in merit -ontinuing 'egal Cducation (ember* :merican 9ociety scholarships to entering students www.law.mc.edu/cle of -omparative 'aw & ''( candidates )(exico* (ississippi 'aw Bnstitute =ress =hilippines* :fghanistan* -hina. www.law.mc.edu/publications Consumer information for MC Law CLASS OF 2012 (EMPLOYMENT at www.law.mc.edu/consumer 9 MONTHS AFTER GRADUATION) Admissions www.law.mc.edu/admissions #2 ). private law firms or 601.925.7152 /3 )!&5. government !& )65. judicial clerks As of January 20, 2014 !& )65. business & )/5. public interest 7 )35. graduate degree 7 )35. education !6 )!/5. seeking employment ! )!5. not seeking employment | !"! . #$ $#$ | %&', ()*+! | -+!.)*"./!++ | . ..01 PRESIDENT Guy W. Mitchell III, Tupelo PRESIDENT-ELECT Eugene M. Harlow (Gene), Laurel SECOND VICE-PRESIDENT Rachel Pierce Waide, Tupelo IMMEDIATE PAST PRESIDENT Lemuel G. Adams (Lem), Brandon VOL. LX WINTER 2014 NO. 2 BOARD OF COMMISSIONERS Peter C. Abide, Biloxi Willie T. Abston, Flowood Features Whitney M. Adams, Pearl James A. Bobo, Pearl Marc L. Boutwell, Lexington Mississippi’s Lawyer - Legislators 10-25 Richard O. Burson, Laurel Frank J. Dantone Jr., Greenville Evelyn Gandy Lecture Series Highlights 28-30 Jessica M. Dupont, Pascagoula Michelle D. Easterling, West Point La'Verne Edney, Jackson Blaming the Mediator: Mediator Coercion J. A. Gipson, Jackson and Mediator Testimony Cases Laura M. Glaze, Jackson Jason D. Herring, Tupelo By Jim Warren 38-44 James E. Holland, Horn Lake Mark R. Holmes, McComb Early Neutral Evaluation John A. Howell, Picayune Edward N. Kramer III, Quitman By Erin Guyton 46-51 W. B. Lewis, Natchez William Liston III, Jackson Lawrence L. Little, Oxford Justin T. McCaughn, Newton Cynthia I. Mitchell, Clarksdale Departments George M. Mitchell. Jr., Eupora Carlos E. Moore, Grenada President’s Message 7-8 David L. Morrow Jr., Brandon Mary A. Nichols, Gulfport MB & YLD Election Results 32 Jennie Eichelberger, Jackson Timothy L. Rutland, Hazlehurst Chadwick L. Shook, Hattiesburg Final Disciplinary Actions 33-35 Kent E. Smith, Holly Springs Branan P. Southerland, Vicksburg Young Lawyers Division News 37 John R. Tullos, Raleigh YOUNG LAWYERS DIVISION In Memoriam 53-55 President Julie J. Gresham, Biloxi President-Elect Lawyers Helping Lawyers 56 Jennie A. Eichelberger, Jackson CLE Calendar of Events 57 ABA DELEGATES W.C. (Cham) Trotter, III, Belzoni Charles J. Swayze, Jr., Greenwood Professional Announcements 58-61 EXECUTIVE DIRECTOR Larry Houchins, Jackson Classified Advertising 62 EDITOR Sam Kelly, Jackson Lawyer – Legislators Photographed on Cover: MANAGING EDITOR Melanie Henry, Jackson Row 1 - Gray Tollison, Bob Evans, Adrienne Wooten, Kimberly Campbell, Ferr Smith ADVERTISING MANAGER Row 2 - Mark Baker, David Baria, Patricia Willis, Hob Bryan, Linda Coleman, Angela Krissa Dobbins Easley, Jackson Turner Row 3 - Bryant Clark, Sally Doty, Sherra Hillman Lane, Derrick Simmons, Briggs Hopson, Jim Beckett Row 4 - Will Longwitz, Greg Snowden, Robert Johnson, Joey Hood, Angela Cockerham The Mississippi Lawyer is published quarterly by The Row 5 - Hank Zuber, Jason White, Brad Oberhousen, Bobby Moak, Brice Wiggins, Joe Mississippi Bar, 643 North State Street, P.O. Box 2168, Jackson, Mississippi 39225. Telephone (601) 948-4471. Warren Publication of advertising does not imply endorsement of Row 6 - Trey Lamar, Kevin Horan, Nick Bain, Sean Tindell, Joey Fillingane products, services or statements made concerning them. All Row 7- Dennis Debar, Chris McDaniel, Michael Watson, Philip Gunn, Willie Bailey advertising copy is subject to approval. The Editor reserves the right to reject advertising. Not Pictured - Earle Banks, Ed Blackmon, Andy Gipson, Willie Perkins, Tommy Reynolds, Manuscripts are welcome and preparation instructions may Jeff Smith, Percy Watson be obtained on request. The right is reserved to select mate- rials to be published. Material accepted for publication becomes property of The Mississippi Bar. Statement of opinions appearing herein are those of the authors and are not necessarily that of the Editor, Officers or Board of Commissioners of The Mississippi Bar. The Mississippi Lawyer Winter 2014 5 experience ideas A National CPA & Advisory Firm 24/7 COMMITMENT What’s your destination? Wherever you’re headed, chances are we’ve been there. BKD brings 90 years of experience to the table, and our forensics and valuation professionals offer round-the-clock commitment to ideas that can help light the right path for your organization. BKD can help you with damages testimony and rebuttal, fraud investigation, computer forensics and digital discovery, litigation support and business valuation services. We also employ state-of-the-art computer forensics technology to assist attorneys and their clients with their imaging and analytics needs. Learn more at bkd.com. Peder Johnson // Managing Partner 601.948.6700 // bkd.com The Evolution of the Practice of Law – We Are Not Alone he practice of law has evolved over the years through the advent and adoption of uni- form rules of practice, including uniform rules of procedure, uniform commercial code, Tuniform rules of discovery and evidence. It has also evolved through developing tech- nology so that what a lawyer does today in conducting his or her practice bears little resem- blance to what lawyers did in the practice of law 30 or 40 years ago. This evolution has taken place to the delight of some and the chagrin of others, but one thing is abundantly clear – the evolution of technology as it applies to law practice is ever changing and will continue to change as we go forward. One of the areas of emphasis of the Bar which I proposed at the beginning of the year is the full use of technology, both by the Bar in the administration of our association and serv- ice to its members and by practitioners in the practice of law. At a recent CLE on the Road in Greenwood sponsored by the Bar, there was a session on technology which outlined what is now considered essential technological equipment in the operation of a law office and in the practice of law. It was extremely informative and was followed by a lengthy question and answer session from the participants of that seminar. It is my hope that through Casemaker, through elec- tronic news from