''At Union Bank, "ll'e "ll'Ork hard to ea1·11your il·ust.'' -H enry A. Leslie. President and Chier J::xeclilil'e Officer
Union Bank works closely vvith rnany Alabama attorneys in the admini stration oft1usts and estates. Ow--investment capabilities have increa sed c:lramaticillly in the past year by U1e addition of a state-of-the-art computerized system. As Alabama's largest independent bank , we control all ow· investment processing with.in the 1i--ust Depa111nent to assure constant attention and complete confidentiality for your clients. We invite your questions about Union Bank 's trust services. Our exper ienced In.1st officers will be glad to discuss any business , financia l or admJnistrative aspect of U1eservices we provide.
1JJ tIC >11 BL\nK & TRUSl: ..,,... = 60 Commerce Street Montgomery , Alabama 36104 (205 ) 265-8201 \.
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ORDER FORM Please enter my order t'or the publjcation listed below. including any Visa/1'\iastcr Charge ______Exp. Date _/__/ __ su pplements. revisions, replacement page$. revised volumes. new addi1ionril volumes and related ma1erial. I understa nd I may at any lime -8 ill Perso11nlAccoun1 _ _ 8i ll l':'irm Ac-count - Chec k Enclosed c.anccl my order for the sup plc,ncnts, revisions. etc .. b}'so informing The Accoun1 Fi,·m ------ Hnrrison Co mpa11y in writing. Customers on ;1uton1a1ic subscription will *------continue to receive preferentia l subscribcrpriccs . Prices subjec t to change Address------without notice. On Cash Sales there is no handling charge. a11d The City/Stnte/Zip ______Hnrrison Comp:1ny will pay po:Ha.gcor freigh1. Handling ch:u-ges plus postage or freight will be added on ALL OTHER S,\L ES. Date ______Signalu1-e ------83-Y6
111£}il[ IIA/Ui!SON COM/>AAT./>l'/1/,ISIIE 'NS l111)t,;,,., _.ni: J•_.,1,. • Ni,,u,. o . Geur S,'I~ k).l?I ( ..of) 4i 7•9I S0 l\ibluhaf Rirn,;-,ndllyby The Al.aN1N Sl"k 8.ir l'. 0 . Bo11 •• .,. M,oorgu,nay, AL lb lOC THE SEPTEMBER Pbont (>oj) ~IPJ Robm A. I Lu:ftal.C1--f..dtt"o.- fen N.:iwcU-A bNg •ng £dJtoc BOARD OF EDITORS Ph1U1pE . AdMlts. J,.. Opdil;:i • Brn:ton \V, A\he_,Tu~ · rumhl:1 • Jnm1.'iA B)·nrn. ,\tomgc>mc:ry• Rul~n r. Denniston, Mobile• Vanrou l'cnn Ditn nt., ,\lr-M1tgom• <"n·• r.unck f·L Gr.a\-o, fr .. H.unts\illc • R.obcrrR , l·br · wooJ,Jr . ·rusu.J~ • Rubert IL Kfilck', Birmingtum • C:h:imrLyu n=',Jr ., M00'1lt• \\'1Ubn,D . Mc:lton, E\'tt S,tc'l'I • L. Or~ · llt'ikkn, llirmmgh.tm • Qrol Ann $mid,, Birmb1gtum• J. ~l:ut. \Yhi1c, 81rming)um • St1;l'cn I.. \\ ,.tSC.Tu. w.tll)Cl'-4• f, 0 . Smtdl, Cl·Offido. Mcmtgon'I\T)' OFFICERS \ViUi.am B. H'11ht(ln.Jr ,. Bi.muogfum• PraKkm \V11.lri.r R.. Hyar.s.,i\'larugunicry • tn:1kJ1.•ru·cka R1d1:irdS ~, \1:a.nlcy,l)c ,nopoli• • V"atcrrt1lckn1 Rcgi~ld T . H11mncr,~tonfgo rru:-')' • &.."'n'Ury BOARD OF COMMISSIONERS 1•1Orrult, £dv.'lrd l'. Turner, Jr •• Ch:nom • utJ Cln.-uit., Annual state bar meeting l' . ftklun.:l l'lank)', Gtmwillc • JrdCirt'llrt., J, Cl
The Alabam.i !Awytr ~ pubh1htd 111(tmla • ynr ill l:.1n1M,y, nn i\(ht,•r111lngniru 1tt .¥1':llbl:;I~"I"-"• l'nl~ · t'1.1bl1cmc,n (IC :1n911 · hi, wife, Louise, nre pictured in 1\-f,ncor ,uiik'fflo!II,it twMI(• tie'droned .u a, ffldo11'-".'ll'lml 1.r •ny podua: nr rhd r Rinui.ngham hom e. H:tir,m,11 is~ ~i: olftttd . AJI aih'cl'ti-.g ffif"YI• ,11bfcq;(o llflPttn-.L .. J ,_,.. ~er mc rv...._d'I<' ngltt oc•rcj,:a any Regular Features President' s Page ...... 236 E.' LEDS vs. WESTLAW Letters ro rhc Ediror .... 238 - pg. 256 Riding the Circuits ..... 248 TI1crc Jrc two pnncipal vendors of ,, ,, • co mput er research facilitics • Bricts ...... 250 WESTLAW .md LEXIS. Each has irs Bar ndvanrngc, .111d cllsndmnrnge.s. ?• ?• 'l. ? CLE News ...... 252 Q &.A Recent Decisions ...... 26 4 ? Legislative Wrap-Up .... 27 4 .:l • ?• "· About Mcmhcrs, Among 'l ,:, Firms ...... 278 • 'l • "t General Counsel Opinions ...... 284 Bill H air ston- th e man and the office Disciplinary Repo rt .... 286 - pg. 279 Young L.1wycrs'Section . 288 Bar l'rcs1dcnt Bill Hairston speaks our on issues facing the bar now and in the The Final Judgment .... 290 ne-ar future. He t3ln of the proposed consatucio11,CLE, n,ghc la" .schools, Classifieds ...... 295 Alabama 'Wor km cn>s lawycrdi«1phnc, ckcrion ofiudgcs. and Other tupio of 1ntcttSt in this intcnicw . Compensation Law---.i prim er Et Cetera ...... 296 -pg. 270 The m111ulJmdc m the "Nurs and Bolrs~feature i• a pnmcr on Workmo1's C',;,mpen t-l;uncon Mrfim report ro you 3S president the Bar etTcctivclyarrics our its mandate of die Alabam.i Srare Bar is one of cn is co some extent deprodc:nr on what rhusium. The Annual Srarc Bar Meeting "Whoeve,· does jit.S'tice to diOS<'needs arc. Herein lies the oppor an Birmtngharn under rhc leadership of the law, to bim, in the end, tunity of each :u1devery manbcr of rhi.s Norborne Srone and Reginald Hamner assoc.iarion to participate. The Board of was beyond cxpccmtion. 11,e interest will the lair, do justice!' Bar Commissioners and myself i1witc shown in our a.,;so,;iarion is wonderful. your comment>, your suggestions and As the words of Henry Grady dlr«i:cd to your complaints. We wnnt you to have d1e New Sourh arc applicable to rhc Aln what you deserve and char is nothing bamn St.ttc Bar: " It is living, brt-:tthing this committee and section activity is not short of the best. rerfcction we cannot nnd growing every hour ." sufficient to oc,'Ommodate d1osc who offer but the best we c:tn :ISSUfc. Weare just gcning in to the concept of w;int 10 serve this Bar in an organized I luve 3lready had the opporrunity to utilizing a prcsidcnr-dcct as a planning capadcy. So while on one hand me ac· visit with die Ooth:in Bar Association, to pnxc:$$ to enable the Bar 10 develop new rivitid .ue incrrasing, there is, on the attend the Conference of Soucllcm Bar programs and 10 connnue old programs. other h.and, a need for even more ac Prcs1dcn1>and me National Conference This pastyarthe BoardofBarCommis ti,1itiC'S. of Bar Presidents. In the near future 1 sioncrs ~ddcd ro mat concept by permit· Part of dus need can be mer by csrab will visit widi die fi-eshm:incbss at boih nng the pn,sidau-clca to appoint the fahment of more sections to accommo the University >nd Cumbcrbnd and at· committees for the coming year before date intcro-r. One of the goals of rhis tend the opening of eourr ceremonies. ll administntion 1s co do just d1at, par taking office 3S prC$idcnLAs a result we looks to be a busy year. were •bk 10 get the committees ap ticular!)' an the arcn of familylaw , bank· I came away from the mcL'ling or me pointed ,o I hat they could have d1cir ruptcy law and energy bw . We expect NarionaJ Conforcncc of Bar Presidents initial meeting in connection with the rhat when the Bar meets in Mobile in with a renewed appreciatio n of the Alo annual meeting. It wns in die fonn of a 198+that you will be able to attend the bamn State llar and Alabama lawyers. In committee brcakfust that was attcndc'CI inauguroJ meeting of sections in tl1csc my opinion we sr.ind head and shoulders by over cwo hundred committc'Cm em· three arcns:. above die rest of the smtcs. bcrs. The committttS have elected their We also look forward co increased Wehavcsomemajorprobkms . Oncis scactoncs, have diVlded themselves into emphasis within the existing sections to the inability to get our programs subcommittees, they have deteanincd allow oppommity of mdr membership through the lcgisl:uurc. A new uwyer tn the in11fal> teps t i) be raltro in carrying to partici!"'tC a positi,·e manner. The gets a rwo ycu moratorium on licmsc out the chugc, md mcy ha,·e set a date Committee: on S<:cnon$wiU undertake payments following admission. During for mdr next mttring. :in aggressive program to assist the sec· that periodthis bwycr enjoys full mcm llicrc ;arc forty-two committees and tions' move in diis dir«rion. bcr$hip benefits . The rime has come ruk forces dtat arc prcscndy working for whro rhc B•r c>n no longer alford IQ dte B>r. Tiicrc uc eleven sections that TheAlab.1ma Snnc Bar was created w subsidize me large number of admittccs address those ~ubsnmivc areas of the law scn·c the legal profession. When I speak that join our rank.s each year. Unfortu in which suAicienr number of our mem· of the ''lcgnl profession~ 1 am talking nately we can'r get die legislamre to bcrship have shown an inrcrcsr. Before nbour lawyers, I am talking about courrs, grant us :lily relief. this year is over it 1sexpected that there 1nm talking about judges and I am t>Jk. will be ot least five more committ~'CS. All i.ng 11bout thesysc •JO GExecutive C.Oirector's ~port "M ccrings, Bloody Meetings." Bar, waso f immense help ro oilinvolved a per capita basis Alnbnma ranks fifth TI,is phrnsc is the tide ofn film shown at in the convencion planning process.J uLia among the stores in hav111gthe l1ighest the lirsr-cvcr committee breakfast at the Smcds, who chaired the Young Lawyers percentage of itS lawyers belonging to Birmingham Annual Meeting. It was Scaion Recent Dcvdopmcnu Sanin:1t, the American Bar Association. Ar the imcnck.-dco inspin, me EXTRAORDINARY TERMS-FIRST TIME EVER OFFERED! CJS costs less ... and now your West Sates Represen t CJ.SThe Answer ative can offer you a spec/sf discount snd Incentives for subscribing now . Contact your West Representative to day ! M lc hnol 0 . Good 5o n . WEST PUBLISHING COMPANY PO 80!t 1733.S 50 W. Kellogg Blvd. M ont,Jumer~ . AL :1511 l II P.O . Do• 3526 • St. Pnul. MN SS16S 11r10•1u 7051634 -767? SOPHISTICATIONAND THE PRIVATE OFFERINGOF SECURITIESIN ALABAMA- A Lack of Federal and Stale Law Coordination Michael D. Waters Mi(}Jtul D. Wntm is partner in tht Mobikftn11 of Mi/Jtr , Hmnilton, S11ida& Ow. Hr ramtd II B.A.from D11u Uni •miry , M.A . from Oxford UnivmilJ (wlu:rt /,. 1ms II Rl,oda Sdxxnr), am{ in 1917rtaiwd /tisJ.D .from the Universityef AWnmn Schoolof lAM•. OnSeptember 29, 1982, the Ala ing for inve>m1cntand no commission lotion D LO govcm certain cxempr offers bama Securities Commission adopted or remuneration is paid or given for so of securities under the 1933 Act. A Rulc83Cl·X·6·.11 (Rulc6°l l)roprovidc licitlng any buyer. The section also pro· frequent nhidsm of Rtilc 146 was its procedures for an exemption from the vidc., however, that the Alabama Secu· requirement thar the issuer of che sccuri• rcgistrntion provisions of the Alabama ,·ities Comm ission may "by rule or tics, prior co any offer, shnJJhave reason· Securities Act, Ala. Code §§ 8·6· 1 to order" mcrcasc the number of offctccs able grounds to believe, and, prior co any 8-6-;Sj ( I 975) (hereinafter, thc Afabama permitted. This section is the analogue sales shall believe that ull offcrccs and Act), illld to account for the adoption by to the so-called "p rivate offering" purchasersha\"e s uch lcnowlcdgcand cc, the Securities and Exchange Commis· exemption of Section 4(2) of the Securi pcricna: in financial and business mat· sion (hm:inaftcr, the SEC) of Rcgufa· ties Act of 19H (hercinafu:r, the 1933 rers that he or she isapablc of evaluating tion D, a new rule designed t0 fucilitate Act) which cxempis offers of securities the mcritS and risks of the invcscmcoL ••• securities rcgubrnrs, among other in FederalSc<."Urirics L.1w, 80-81 ( 1981). dtl1cr had the snmc information that things, in the~dc,·dopmcnt of a uoifoan In other wocds, in a registered offering, would have been availablein a registra· c.~cmptionfrom registration for sm:lll is it is pcrrni!Siblc,and p!'C$umablyquite rion stJtcment or had access to such in suers which can be •gr« Srpf by Jen Nowell Somehave commented that the incor porationof the YoungLawyers "Recent Developmentsin t he Law·'seminar into the agendaof the AlabamaState Bar Annual Meetingwas the reason for theoutstanding attendance; somesay it was the neck-in neckrace for theoffice of president-electof theassociation: others t hinkit wassimply the fact that the meetingwas in Birming ham, the state'slargest c ity, with more lawyers, andlocated centra lly. Probablyfor all of thereasons mentioned above, and a halfdozen ot hers.t he1983 Annual Meeting of theAlabama State Bar , heldJuly in 21-23 As thelarges , barmeellng In theassocialioo'• history theMagic City . wasan eno rmouss uccess begins,Regg ie Hamner. e.xewtivedire ctorof thebar , in many,many ways . In fact,the thousand takesa minute10 #elpwith regislrallon. lawyersreg istering for the convention madeIt the largesl in thehistory of thebar. Novelto the regular schedulingof the meeting,the first day's agenda began in the morning rathert han the afternoon. This wasplanned to givemembers the opportu nity to earn a full day of CLEcred it by attending the Young Lawyer sponsored "Recent Developments"seminar. Atten dancetota led morethan fo ur hundredand each lawyerwas ab le to gain6 .6 hoursof CLE. Programs and guestspeakers at this year'smeeting were the bes t ever. Thebar WandaDevereaux congratula1es Walter Byars on hrs was honored to haveMorris Ha rrell. the PresidentS1one congralUla cesEdwin C . Page, J1. of electionto lhe office of president-elecl ol lhe bar . Both Eve,greenwho is receivingth e AlilbamaState Bar are with the Montgomeryfirm S1einer,Crum and presidentof theABA . as guestspeaker at Awardof Merli. Baker. theBench and Bar L uncheonon Thursday. Harrell told the assemblythat a lthoughthe legal businessis changing, lawyersshou ld not allowthose cha nges to comebetwee n themand their clie nts. "The lawyer in the pastspent more t imeface t o face(with the client) • • . It Is vital that we retain this individual relationship." Harrellsaid that lawyers mustnot permit the practice o l law to becomejust another business . ··11we are to retainou r statusas a respected profes sion. the essentialrole of the lawyer ..• mustnot change," he warned. • Highlightingthe programson Thursday wasColonel Joshua S hani, thepilot or the AlabamaSupreme Courl Chief Jus!lce C . C. Torbenand Morris Harrell . pres,deniof theABA . enjoya Joke al the leadaircraft in the 1976Is raeli raidlo rescue Benelland Bar luncheon be/ore /he businessbegins . Srptruibtr 19,.~ Pres1denrNorbome Srone welcomes lo r hecon,cnrlon ColonelJoshua Shani, wno gavta ,,vld portrayal of r.1s Artne 1983-84Comm,rree B1ukfur on Friday morning , DougKty . G,orgeFlnkOOnllff Way,Nn Sherrer and fe,r u leadpl/or In tlNI, 916 lsrao/Jraid on En/ebbe WilburSilberman. of rt>tfederalS.nruup1cyCou11 Ualson Comm11i... m.ke lhtlrgam, plln fo, ll>t comingyea, or Birminghamspoke or "dry" barconven tions held in Sheffieldmany years ago . JohnA . Caddell of Decaturmo derated the roundtable. JimmyCarte r of Montgomery, the Honorable RobertB . Harwoodol Tus caloosa.and the Honorable SeyboumH . Lynneor Binninghamtold of manymemor ablelimes of thepas1 TheAlabama Lawyer plansto runexcerpts lrom thisprogram in thene xt issue or the barjournal. The pro gramwas also v ideotapedto becomea pan of the pennanent histoiyof thebar . If you weren't there. youmissed quit e an experi ence. Thesewere only a sampllngof thepro gramsat the bar meeting The bar was fonunaleto haveso many outstanding speakers this year. Social eventsat theconvenllon wou ld be hard to beat. Insurance Specialists, Inc., broke theice on the social sceneby hosting Comm/$JionersPhil Adamsof Opt/I/ta.and Wade DouotasAranr of B1nnl111J/W11l!!llsof bar convtn a BloodyMa ry panyon Thursdaymorning Bwt1 . ol Dothan, au• l>tfak~n mtt/)"9$ tions,,..,.ago. Thenumerous hospitality rooms were filed Cammtss,Qoe( Adams IS ..... ID1119 boitrJ llltS )'Slf to overtlowingat almostany time ol theday or night TheStarlight Jazz Cocktail Mem bershipR eception, cateredby Encoreres the 103 hostagesbeing h eldat theE ntebbe the legal professionmet In a program enti tauranton Thursdaye vening, was de airport. He gave a humorous.f rightening tled "The ReflectiveRound lable." Those lightfulas a hundredor so mingledin the andvivid portrayalof whatII took to ac attendingwere enlightened and entertained open-aircourtyard at the Birmingham complish thatmission . Themeeting room asBob Adams of Mobiletold of lawin days JellersonC ivic Center Immediatelyfol wasfilled , eyeswere open wide. and ears whena roll of 500s1amps cost only fifteen lowingwas the Young Lawyer's sponsored weresharply tuned an to everyword ol the dollars. as Guy Hardwickof Dothan danoethat many en1oYedinto lhe early storyof themission that made this mana former lieutenantgovernor of Alabama. morninghours. truehe ro. told of a fishingtrip thatcould have made OnFriday evening a t theAnnual Dinne r And standing ovatlons continued the him, with one quickslip of a razor. the the bargave Atty-yea r Cenlficatesto twelve following morning when seven"he roes" of governorof Alabama;and as Douglas Ar ant lawyers. Severalothers were unable to at- SeybournLynne , DouglasArant . GuyHatdw fck, JohnCaddell, Bob Adams , RooonHarwood and Jimmy Carter , all patticlpantsIn the"Rettective Round/able ," shareexperiences from the days when "a rollof livel1undred stamps costanly Ii/teendollars ." L TennentLee , Jr., of Hunfsvll/e, atso. receivedthe Awantof Merittor his outstandingcoottll1ul /on lo /he bar. At the cooctus/on of an excellentlyplanned and executed , h/s/ory-makingannual meeling , ExectJtivaOtreclor Reggie Hamner, Out-goingPresident Norborne Stone . and/he new president. Bill Hairstoo. posefor ooelast picturebe/ore falling apart. Congratulallons on a greatconvendon l styleand unerring wit captivatedand de lighted all. Closingou t thebar meeting on Saturday Pros/dent8111 Hairston pins outg/JingPresident Nor wast he businessmeeting wh erePr esident lHJrneStone "Chancellor of theAlabama State Bar ." NorborneC. Stone, of BayMinette, passed the gavelto President-electWIiiiam B . lend. TennentLee and EdwinPage were Hairston, Jr., of Birmingham,to assume awardedthe bar's Awards of Merit!or their the highestelected office in the barassoci outstandingcontribut ion to the statebar . ation.H undredswere assembled to partici· Seattle lawyer, andth e ladyrec ognizedas patein thee lectionfor president-elect of the the" pre-eminent lawl ibrarianIn t he U.S.," association.Congratulations are extended Marion Gallagher, entertainedwith a talkon to Walter Byarsof Montgomerywho will "beinga law librarian." For obviousrea serveas president during the 1984-85 bar Commiss1011erPhilip Reich signsI n aftercomplellng sonst he topic was unannounced,bu! her year.o thetwo-ml/a Vutcan , TooRun o n Satuntaymorning . CODE OF ALABAMA 26 VOLUMES The Michie Company, law • Collateral references to publi shers since 1855, now American Law Reports, serves lawyers, legislators and Amer ican Jurisprud ence, and judges with state code Corpus Juris Secundum publications in sixteen states • Com plete cross-references and the District of Columbia. • Ann ual cumulative pocket-part Timely, accurate and reliable, supp lement s our code pub lications are • General Index in convenient comp iled, annotated and softbound edition , revised, indexed by an experienced staff updated, and replaced of over 50 lawyer-editors annually assisted by modern computer • Advance Annotatio n Service technology. availabl e by annual subscription The Code of Alabama, published in cooperat ion with the Alabama Legislative Council, includes the following: • Constitutions of Alabama and the Un ited States for customer service contact: • General and perm anent acts JAMES R. SHROYER of the State LegislalUre • Rules of the Supreme Court P.O. Box 717 of Alabama Pelham, Alabama 35124 (205) 326-9899 G)\iding the Circuits Cullman County Bar Association Huntsville-Madison County Bar Association New officers for rlic Cullman County Bar Assodacion The ncwl)•elected officers for the 1983-84 term arc: , have been elected for the 1983·8+ year. They arc; President: Harvey B. Morris President; Steve Skipper V.P./President·Elcct; Wi.lU3111H. Griffin Vice President; Juliet St. John Secretary; George Royer Secretary; Don Hardemw Treasurer; Laura Jo Wilbourn On ALLgusc 6, 1983, the Bar Auxiliary sponsored a Houston County Bar Association backyard barbeque party at the home of Buck Watson. The Hunrsvillc-Madison County Bar Association wishes 11,e Houston County Bar Association was honored to to welcome the following new members; James R. Hmson, have as its guest and speaker for its re1,>ularm onthly Camille G. Scales, J.E. Emerson, Jr., L. 111ompson meeting on Wednesday, July 27, 198,, our new State Bar McMumi e, Thomas F. Hayes, Clyde A. Blankenship, John president, William (Bill) Hairston, Jr. Bill delighted the R. Barran, Solomon Miller, Patrick A. Jones, Lee Ann P. members with his remarks which centcrL-da round r. Paskcr, Thomas E. Parker, Jr., Marilyn E. .Bradley,Curtis comments and advice he had thought about giving his son M. Simpson, Barbara S. Comer, John C. Hay ill, Robert who was about to enter the practice of law. He also gave V. Wood, Jr., Robert G. Butler, Jr., frank C. Vaughn, Jr., the members an overview of the goals and objectives of his Marcia E. Stevens, and Joe W. Campbell. administracion and how he proposed to meet them. The members were most appreciative of Bill raking time out from his busy schcd,~c to travel to Dorlian tO be with his fellow lawyers. New officers were elected for the association's year who Montgomer y Collllty Bar Association will formally take office September ,, 1983.The officers The Montgomery County Bar Association held its elected for the 1983-84- term arc; monthly meeting on June 15, 198,, with Reginald T. President; S3Inucl L. Adams Hamner, executive director and sectcrary of the Alabama Vice President; Joel W. Ramsey State Bar, as guest speaker. Mr. Hamner gave an Secretary; Phyllis Lodgsdon Treasurer; Jack Blrnncnfeld inccrescingr eport oa Alabama State Bar activities. The Executive Committee; Huntley Johnson meeting was well attended by members of MCBA, and we Randy ll rackin were honored co have visiting with us Judge Jack Wallace. Doug Bates 111cprogr3111 for our J wy ltutchcon meeting was Jere Segrest presented by the Administrative Law Section of the L.A. Farmer, Jr. Alabama State Bar. Alvin T. Prestwood, as chai 1111311 of the Plans arc being made to install the new officers ac the Administrative Law Section, presided over d1e "D edication annual lnstaJJacion Banquet to be held in late August 198,. of Eugene W. Carter Medallion" prescored to a fomicr Srpt,mbcr 19,'JJ pubh c ~n ,uu io r«ogniuon of their extensive records of ronsmcnc. fuir, and honest balancingof govcmmcnt:11 inrcrdts ag,iinst the rights of inruviduals. This is the first year for this award and it w:is given to the I lonorab lc MEDICAL MALPRACTICE HOSPITAL MALPRACTICE PfflSO~ALINJ URY PAOOUCfU AIUUlV WOAKMHfSCOMPf.HS ATIDN. ANDOSHA !Sug,·nc W. Carter . Judge T ruman Hobbs and the 550 Boord Certlfte-d Medical E ii:pc-t1:lui 1111specL,lho,11, m1honwld1> nnd Alabama Monorable T.B. Hill, Jr., :tlso participated in the progra m. Mc-dic.sl Doctors . Suror:on,. Spc,c:1.ilisls. Osteopau,, . 0('nf1111. Ch1ro ·me Montgomery O>uncy Bar Associntion would lik to p,acton- . Poch.i 1nsts . Hurst's . HospdaJAdmm,str•ton . 10 , 1co1og1~1!l a-nd ( ngint!'t'"'- 1n au S9crct.n1U•• AU ptepa:e siigne-d wrillMI rrporls and tPStify t.1kc this opporrunity 10 congr.uulare Walter Byarson Co111ol wn1ren re-ports being de~ prcsidem~lca of dtc Afabama State Bar at C:.,.,S.cao:,-, • ~ a. ltft-.«1 t1~•f'f ,• - tf1' .- ..... , • Compr~e,ns,ve, ScfNlfl tng Arparr : S200 the Annual Meeting in Birmmgbam. Send I,.,1:1 ~ PIIPI af •.1trtllli ll11JOl'lll"l';,.PN J!lli LIJl'd bf"' rlr-t,:.11Oirrn:11 MCBA wdconics die following new membcrs of our • Comp.,ehenSfvc Conttde-n11111won Product Rrporl S-4S0 • Expert Report: S600 associatio n: Jeffery 11. Long, Wendell C.~ulcy, Bnocc it, 1::i.: 110.1111Cr111b r4 r , pf'!1 who 1111N ltU1"1 • ConUngmu:y Ft'cU : no cost or $150 MacPhcrson, Sarah It Mooneyham , N. G11111.crGu y, Jr., (lll,cJI a,pro.Nl ,,t, ,111t•;q1rr111int Bobby N. Bright and Elli, D. Hanan. E1 pe Local Bar Meeting Schedules G<:ncva County Bar Association: Regular luncbcon Mob Ue Bar Association: Monthly mccrings of rhc mcctin~ of the Geneva County Bar lusociation arc held Mobile Bar As:socfation arc held the third Fridar in each on the first Monday of cacb month at the Chidtcn Box monrh at the ,\fob11ian, located at 1100 Government Rcsraunun in Gcne,·a. Mcmbc~ of the •tare bar arc in Boulev:ttd. All anomcys, local and ,-is1cing,arc invited to vited to attend the meeting which beg ins at noon. attend th e meeting nnd luncheon. No reservation is re· qui red. Houston County Bar Association: Regu lar meetings of the Houston County Bar Association arc held the fourth Mobile Bar Assocuirion Women Attorney s: ·me regular Wednesday of cvc,y month at n:oo noon ar the Shera ton monthly luncheon mecnng is held dtc bst Wednesday of lnn, Dodtm, Abban1a. Visiting mcmbcrs of the Stare Bu each month at the rnremaoonal Trade Club. No reserva .u,d judiciary arc invited to attend rhc meeting without tion necessary. rCSctVllrions. Montgomery County B!lr Association: n,e monduy Huntsville -Madis on County Bar Association: The meetings of the Montgo mery Bar A=ia tion generally H ums viUc-Madison County Bar A.=ia tion meets the Jrc held the third Wednesday in t-:1chmonth .1t 1~:00 noon first Wednesday of the month at 11:05 p.m. at the Jt rhc Whitley Hotel . HuntsVille Hilmn . Lee County Bar Associ2tioo: The month!)' luncbcon l..ocalbar associ.ttion,widt regular monthly mccongs an meeting of rhc Lee O,unty Bar Association 1sheld on dte have dtc:ir mccting listed by sc,,rung a noti,c to 11,r Aln third Friday of each month at die A11bum·O pclika area bnmn Lnwyr.r.P .O. Box +156, Montgomcl")', Afabam11 Elk's Club. 36101. >JO Srptttuba 198; Farrah-Coif alumni clcct new Montgomery. Mc<:iowini\ rrlli:unson pmti:Mion m the dc,'Clopment and officers of Grttnvillc, William V. Nevill<:of cxpaMion of the continuing lc,gal Eufaula ffid John Ri"ens of r ,,, CLE GNe"\VSand Setninars CONTINUlNG LEGAL EDUCAT ION OPP ORTUNITIES September- December, 1983 LIST OF SPONSORING ORGANIZATIONS Telephone Sponsor Code Sponsor Name Numbe r ABANI American Bar Association National Instinitc:s (3J2) 567··1683 ABIQ.E Alabama !3ar lastirute for Continuing Legal (205) 348·6230 Ed,1cat1on AD.LA Alabama Defense Lawyers Association (205) 265-1246 ALI-ABA American Law Instinitc-American Bar (2 15) 243-1630 Associa.tion BBA Birmingham Bar Association (205) 251-8()()6 cc Cambridge Co11rsesU.S.A., [nc. ( 4 LS) 346,,(4:S7 CTCLE Cumberla11dTnsrirur e of Continuing Legal (205) 870-2865 Mary Lyn Pike Education Srnjj"Dinaor, MCLE Commissim, [HU Defense Research Institute (-i H) 272-5995 FP Federal Publications, lnc. (202) 337-7000 MBA Mobile Bu Association (205) 4i!3·9790 MCLI Mid-South Conuncrcial LawInstitute (615) 7·i8-.f67L N'CDA National College of Djstrict Attorneys (7L3) 749· 1571 NT-ILA National Health Lawyers 4ssociatioo (202) 393· 3050 MCLENBWS NYO New York Unive!llitySdioo l of Continuing (2 12) 790· 1320 Education Complin11ceReports: 1983 PLJ Practising Law Institute (212) 765-5700 Forms for reporting CLE compliance srrr Southern Federal Tax Institute (404) 524-5252 for 1983are being mailed this month to TLS Tulane Law School (504) 865-5939 most members of the Alabama Bar. TTLA Tuscaloosa Trial Lawyers Association (205) 758-8332 Those individuals who claimed the age exemption in 1982will not receive re SCHEDULE OF SEMINARS porting fom1s. Credits can-icd forward from 1981-82 a~c being posted on the The following list of apptQvcd CLE activities was compiled in July, 1983. It is fom1s by the MCLE Commission's staff. nor inclusiveof all approved activities for &ptcmbcr through December, 1983. A,; specified in Rule +.Band Regulation An attorney planning co attend an activity that is not listed should contact the 3.7 of the Rules and Regulations for sponsoring organization to dercrmine whether it is approved for CLE credit in Mandatory Continuing Legal Educa Alabama. lf fo has nor been appcoved, mesponsor should submit an application tion, carryover credits from 1981-82 may for approval ,it least 30 days in advance of the program. Applications are available be used co satisfy the 1983rt.-quircmenr upon request from the MCLE Commission office: P. 0. Box 671, Montgomery, but may not be carric-dbeyond 1983.Un · AL 36 101. u.o;cdcredits earned in 1983 may be used Dau:s Names .md Pfaccs ro satisfyrl1e 1 984 requirement if they arc reported in 1983. September 15. I 98~ Tuscaloosa. Proving f?imi,ii.,J,r.d Eaminp Power Attorneys should be prepared ro re (Pare I). Tl'LA. Credits: 1.0. port the dates, names, locations, and Scpte.inbcr 15· L6, 1983 Las Vegas. Prod11arLiabilir,, Litigtrtio,i. DRI. Cr.edits: 14.1. O:>st: ,310 / mcmbers; S330/ uon sp<)(1SOrSof activities attended in 1983as mcmbci;;s. wdl as crc-ditscamed. Individuals who September 16, 1983 Dothan. C11rnmt Devewpmmts. A:BrCLE.Cost: arc exempt from the CLE requirement S65, arc expected to claim their exemptions Mol)lle. E111ployer.Bmefits. MBA. Credits: 3.5. by checking the appropriate box on the Cost: SlO. fom1 and rcnirning it co die address September 2 J -22. 1983 Washington. Preferred Provider 013nnizatio11,1. printed at tl1ctop left comer of the fom1. NHLA. Credits: 9.0. Cost: SL90/ mcmbers; lndividuals ocher than full-time judges, S2J 0/ non-mcmbers. 2µ Stptt1nbtr193. , who bchc, c they arc cligil>lcfor a Rule Scptcmbcr 22. 1983 Hunts.-illc. CMrrrnt Drvtlopments. ABICLE. Cost: $65. 1.C1. exemption bcctusc tbc:yarc prohi· Sc:ptcmbcr22 .2,,, 198~ Philadclph,a. Cond<>P/11nnin9, Dt'Ptlop,,,ent & bitcd from the private prnaitt of law, Opcrotum.AU -ABA. Credits: 18.9. Cost: 5360. should not claim this exemption until Sc,ptcmbcrH . 1983 Birmingham.Currmt Develop,,,mts . .-\BICLE. they have submined documcmarion or Cost: $()5 the prohibitioru applictblc:tO their em Binningh.im. 'VJ•, Rn« 11,ulSrx DismmilUltum. ployment nnd h•vc been granted the BBA Credits; :\.·I <.o,t, SI O members; S20 exemption by d1c Commission. non-mcmbcrs. September 2'>,29, 1983 New Orlc3ns. Proserution of Viohnt Crime. NCDA. Cost: $.il~ . New MCLB Co111111itsiq11e-r Scprcmbcr 26-27, 191H San ErnncL 29 Oct r-1 r:1--~~~~:;:~~:;;;.;~;;;,~~-, INCOAPORAlED ~ : 00W Ol~l\111\N SIIUMATE !i,lPC , 2l1 Caro,,dclccS crcec. N~>wOrleans, lA 701JO : I'm .tlw,~, «>PtVtto .i bt•u(•t""'V ro gN rht•;ob 00,,c 1"11aw : =~~~!n;~n,aunn,: Jt•U/errn·nh,1) ~n ;,/1e.•1n.1r,,,..ro l11n1p t : N,,mf•------1 : Address______t : C,... Sta~ Z,p,___ _ I : llu1outt"\)Phone______L------J COMPUTERASSISTED LEGALRESEARCH: TWO METHODS Poul E. Holcomb l'n11/E.H11lc11111brccd11td'1is n. S. degru from I,,din1111U11ivmity 1111d l,i., ] . D. dt gru from thr Univmity ofKm111rI7. Ht iJ wwr111lyDircaor ofDt>'tlop111rt1r nt tl1t Unio'tl'1lty ofAlnb11111n. £ 1cccron1Ctimc-sh3ring rc1rieval Since tht' crcauon or LEXIS and being searched ,s said to contain all Su· systemsfor lcgnl =arch arc with us now WESTLAW, both systems have gone prcmc Courc ciscs since 1938 , tho1 is and, like ii or not, will be afll:l'ting your through numcro,LSmodifications as a re precisely what it contains-every word pm,ticc. Time-sharing in d1is insr.u,cc sult of competition nnd the demands of ofcl'rry case, unedited and umu,nornrcd. mcnns the data-base is owned by som.: the attorneys who use tJ1csyste ms. Each lnlltructions an: given co the computer onc cb<-. LEXlSand WESTLAW nrc1hc system is still c:xpcrimentingand adding by the user in plain English. Thi~ means rwo nlQ.Uoften mentioned computer as· dau bases, libruics, and files. the 1tscrdoesn't have to know one of the ~incd lcg;tlresearch $)'s«mS andboth an: LEXISand WESTLAW an: the onlr computer languages to use the system. a pm orall law srudcnrs' \'Oc:abulary. rwo S)'Stc:rns, specificallyrcbring to law, Fimu that use LEXIS mus1 lease or 111c need for newer ffld better l"!:,r.tl that arc commercially a,•aibblc to buy two d1ings: ( 1) the hardware. which rcscun:h mcd,ods has bccll rccogniud lawyers. There on: od,cr systems in Juris consascsof a television screen, n rypc· for some time. le was bcaiusc of the and Flite, but those arc nor available ouc· writer console and high-speed primer: cffi11'tSof the Ohio Bar chat the compuc side 1hc Federal Gcwcrnmcnr.There arc, ai1d (2) the software, the right co plug crizntion of legal r.:scarch methods has ho,\lcvcr,mnre than one thousanddat3 into a computer where the librnrics are ndvanecd ro its p«-sent state. A group or bases available co users of computer as scored on disks. The Meade Corporation individual nttom<1'Sin Ohio established sisted research system,. The problcn, i< has just nc-a:ntJyreached ru, agrcc:rncni • nonprofic ,·cnnire ro determine if on that these dam bases arc not scandanfu.cd with I BM Corporation th•t will enable ckcmmk n:tril"\,I system were pc>Miblc. and the user mus1 lc;irn different logic users of c.-retin IBM lurdwarc 10 gain 111ac attorneys disco\'ercd a company and ways co ask the questions. Thc:n: access to ~!code's daa basesof pcric)na dtc data b3SC$of either system. right to iµin accessc o WESTLA~\rs data l"Olnpurcr-b=-d r=rch S)' TIN illn/mmn l.n""" >!7 of uch orher and word order . number. 11,e ;can:h ii, changed and it The Uni\'crsit)' of Alabama leases a WESTLAW us.,s grammatic:illyddincd now look$ likl:: LEXJS syncm a. a reaching tool, with a proximities and LEXIS' prox.imirics use ftu-ratc actdcmic rontr:ia . a word roum . (The WESTI..AW con· topic ( 18:t) & ponro/p lire accident 111cAlabama Supreme Coun Library nectors arc w/ p" and w/s." LEXJS uses c.~lo· . in Montgomery has the \VE~TLA W uw / #.~ ) These connecrors arc used s>'Stcma> docs the Montgomery CotmtJ· mosr frequently when the user is (48a being the number for th<"digest liar ~aricm . The latter bills at two searching for the appearance of a cirarion topic ~automobiles"). ·n1is will produce dollars per minute. 11,e 3\'cragcscarch ar to a case or code scet1011. the desired rcsl~ls and can only be done cl1arhbr:iry is ten to liticcn minutes. 111c Wf:.S'ft.;\ W roru1ocror"+s,» re 011 W&,i'L.AW. Both.S)'Ste n,s arc con1pctitivc, ho,,•c,·cr, quires thnt two tcnns be in the same David Lowe, A,sisranr l-1w Librarian LEXIS has nn und,~)' complex biUing sentence with the lirsr word (or number) for Compuicr Services nt Lhe Un iversity system. coming first. 11,e LEXIS ,-quivalenr is of AlnbnmnSchClo l of Law, recently ran cl1cabove search example. In sc-orching uprc/#," whkh re<1uircs that the 1wo Conclusion word.~be in the srnrcd order wicl1inthe for just l'inro/p lire accidcm cxplo" in given number of words. the Soudt Westen, darn base, ciglm:,;n In conclusion. bod, systems have ad· For cxM11ple,in a searchfor= thar cases were cited. In rcsrricting the ~-ard, vanmgcs that •ppcol 10 the researcher citc •l2 USC 1.WS, thc=rch migllrlook using 48a, one c:a. 1'111LI.I I' E. ADAMS, JR., commissioner for the mh Judicial Circuit, w:isbom in Fnmwillc,Virginia on December 2s, 11H3, Commissioner Adams is• 196sgr.iduaLe of Auhum Univcrsiry :1nd rccci\'o'Clhi~ ).l). from the Univcrsiryof Alab:1111aSd1oo l of l.1.1win 1968. He w:isadmincd co the Alnb:unaSea te Bar in 1968:u1d is also a membci:of the Lee County and American Bar Associations.As wdl as serving as a bar commis ~ioncr, Adams is prc:scntly• member of the Board of Editors ofT/1, Alnbnmn Lall')tr. He 15• partner in the Opd ik.l law tim1 ofWolker, Hill, Adams, Umbach, Herndon & Dan . Commissioner Adams LSmarried to the fom1cr Chris Akin ofTus~cc, and they h"·c two sons. Josh and Kirk. FR.ED 0. GRAY, commissioner for the 5th Judicial Circuit, was born in Mootgomery, Afab;Jma011 December J+. 1930. Commissioner Gtay is a gmdumc of Alabama Stare Uni\'crsiry nnd ofWesLern Reserve UnivcrsiryLaw Sd1ool in Ocvc land, Ohio. He w:1s ad111i1tcdco rlle AlabamaSrarc Bar in 1954an d is also a member of the Ohio , American, and National Bar Associations. He presently is presid em of the 1\facon County Bar. Commissioocr Gray is the senior member of the Gray, Seay :u1d L:,ngfordlaw firm with offices in both Montgomery ond Tusltc:gcc.He is married tO the fom1cr llem,ee Hill of Montgomery, and they hove four childrcn-Dcbor:ih, V.11lcssa,Stanky, ond Fm!, Jr. JOI IN 8. SCOIT, JR.. comm1SS10nerfor the 15[11Judiciol Ci=n, was bom in Montgomery, Alabamaon July 21,1930. Comm,ssio n<"-rScon: mended collegeat Duke Universiry and the Univcrsiryof Alabama. He rccciwd his LL. B. from the Uajvcrsiry of Ahbama Sd1ool of Law in 11>s+and was admim-d ro the AfobamaState Bar tl1at same year. Afier s--rvingas a law clerk for n yc:ir,he entered private practice with his f.ithcr who WM secretary of the AbbamJ Sratc Bar from 19SOco 1969. Commiss.ioncr Sa,n: joined tl1e Montgomery bw fim1of Capell,Howard. Knabe & Cobbs in 1964 Jnd has conrinuc-din gener.alpra'Ucc 1\-iththat fim1 co pn:s,:nr. He is married ro the former Bctric Hill of Montgomery, .andthe) ' have thrtt doughters- lilli<"-, Laura, .ind Soon Amelie. BOWEN H. BRASSELL, commissioner for the 26d1Judicial Circuit, was born in Montgomery, ,\Jabama on April 29, 1922.Conu11i,sioner Bras.sell received his under· gr:iduarcdcgrcc from Auburn University in 19+9andh is LLB. from the Univcrsiryof Alabama School of Law in 1952.Upon hi.s admi~sion ro d1c Alabama Srace Bar in 19S2,he began his 1,r ivate practice of law u1 Phenix City whel'c he is in his thirty-first year of concinuo,LSand active practice. He i• a mcmbc:rof the Russell County Bar Association. Commissioner Bra.sscUand his wife, the former Dorothy Williams of Phenix City, have one son, Bowen, Jr. ROBER.TT. WILSON, Sr., commissioner for the 14,thJudic1;1I Circuit, was born nn April 23, 1922,in Don, Alabama. I le is • gr.iduate of the Univers,ry of Alabama, received his LLB. from 1.beUniver.iry of AlttbrunaSchool of Low, nnd was admin:cd co the srnre bar in 1950. Commissioner Wilson is also • member uf the American Bar Assodation nnd tl1cWalker Counry Bar Nisociation where he hns ~crvcdas president. I le was a senator in the Alabama Lcgislamrc from 1962to 1978ru1d is a partner in the Jasper law firm of Wilson & King. Commi~io ncr Wilson i.l married 10 the fom1,:_r Ruth McD:u1idof Dover, New Ham~hirc,, md they have four children-Sue, Sally, \\'ibon Ahcc, ond R.obcn:Tcrry, Jr. CommLo;Iionccsreelected to the board to save :m ad Alabama Lawyer Referral Service Board Patriclt H. G~Yt$, Jr.- Huntsvlllc Corun1ittcc on Family L.,w of T rustees Robert Bernard Harwood, Jr.- Tuscol°""' Robert R. KN,ckc-.Binui.ngh:am Samuel Rutnorc:~Jr. , Chllirmin-B irmingham Margie T. Searcy, Ch11irman-Tu..roi.loosa Champ Lyon,., Jr.-Mobile Vanzctta Penn Du.rant, Vice Ch11irman- Braxton \V. Ashc-S hcflickl \Villi.am D. Me lt on - ENergn:c.n Montgo1ncry Rob<:n \V, Bund i-F lorence L. Drc:,vRcddcn-B irmi ngh::im Stephen R.. Amo ld-B inningh•m \Villi:am e. Srptonbtr t98J RCMUldL O. ru-Tu,alool, Committee, on Ptt p:tld Stc,'ffl Emcns-Um,'ffl.1ry L U>I Nort/Jern Disr-,-iaSub,onnuitte e J. Anthon y Mcl.ain - 1"1ontb'l>mcry Thonuu L. Stew~ YLS R.epr~u .th·\. D.mid E. Murrir.-Arut iston Birmingh:im Prand .s HQrc, Jr .- .Bttminghani \Villiam 6. Swatek -relha. n, 1\.1.aryLyn Pike, SnffLi aJ.son-l-. s,puu,brr 19$,1 Task Force on Oisciplin•ry Fw,ction , W. Terry Bull,rd - Oomon O,vid M. Wooldrldg o- Binniogham Kenneth Cair,, Jr.- 8irrnlngh11m J:anc Lca"Oy Br.uuu.n, YLS Reprc,cnt'il.llY0- 1-1.trryCar nbk ·, Jr., (J1:iim1:1~ l1n,1 .RJchilrd T. Oo1·n111u-MobUc: ~1orugomery Edward M. P:tnus<,n , Vice Chaam1m- Rklr. Hani• - Mooigornay AmyLyn l'ilcc, s ,.rr u.woa-M omgomciy Montgomcry Olivu Hanly Hudgins- Monq;omay T1uck IL 0,,-- Fol '41 not arre~t rhc cx·spousc/bcneficiary's right ro receive ac.1:umul•reddeath ben efit~ under 3 retirement pension pl:111. The Supreme Coun also r~nncd Flo•= l'I . Florm. 224 So.2d 590 (Ala. 1969), which had hdd thar di\'otee docs no1 affect an cx-spouse /bencliciary's righr ro rccc:h·c group life insurance ben efits in the absence of • clause in d1c policy. The Supn!mc Coun, however, noted that rhc separation agrccmmr exe cuted nr the time CJfI h e divorce made no specifo e mention of the pension plan. John M. Milli,,g,Jr ., a mnnbtT oft/Jt Dnvid 8. Bynu, Jr., n manbtT of tbt Fored osur c--" due-on sale" Montgoma,IR10•ftnnll{HiU, Hill , Carter, M011tgoma,IIIIP Jim, ll{Robison & Belser, clause .. . Frunco, OJI, CS.·Blnrl, rttti'HJJbis B.S. P.A., rttfll'td borl, 111s11t1tkt]Jmdruru fk. Tierce vs. .APS Co. explained lkprtt fnnn Spnn9 Hill ~lJ!t nnd J.D. If"« n11dJ .D . fnnn tl,e Unirmi1y ofAla. from ti" Un11-mit:,ef Alnbnma. bnma. />o,r,II,~ . Plmoi~ Ftikml Snvin.!JSand Lonn An«.. 17 ABR 256·1 (June 17, Mr. B:,r,1t1111d Mr. Milli,,g nrt co-nutlJOrJef t/Jis J(l;lilm II{ T/,e AJnb11,n11Lmvy tr 1983). In this=, the Supra11e Coun co11cm1i,,gsi9t1ijitnm dcasio,,s ;,, the co,1m. Mr. B:,r,u ll'illrmvr tltt trimiP1nJnrea a11d Mr. sciz.cdthe opportunity 10 runplifyTime Milli11g11,t rivil . ,~. A I'S Qi ,, ~82 So.2d 485 (Ala. 1980), holding thnr n tria l coun exercising itS equity powers could in proper casc-sre· fuse to enforce a "due-on sale~ clause when the partim lnr circumstancesof the C3SC render acceleration and foreclosure Recent Decisions of the incqui1•blc or unconscion3blc. Thus, Supreme Court of even rhough rhe due-on s:ilcclause is not ptr J< in,·•lid, and even though the trial Alabama-Civil coun line!, that the cbusc ser\'cs a ''valid business purpose," for example, 10 ob tain • higher intcrcst rate, the trial eourt may ytt refuse ro enfotce that clause on Asbesto sis C3Se ..• apporuoncd 10 confonn with the pre oquirablc princi~ls . st at u te o f lim it atio n s scripave period for filing suit. The Su· affecting dam ages prcme Court nl TIJe A lnba111nlnM '1" Revocation of probation ... Sixth amendment .. . of appeals grontcd a new trial on the failure to pay a fine righ t to counsel ground that there should be a "mean ingful anon,ey-dicnc rebcionship." In rcven1ing, Chief Justice Burgc:r Burnfm P. Cwgi,,, 81-6633 (May 24, Moms r. Slopf11, U.S. authored • rnongfy worded opinion 1983). In mis osc the Supreme Coun --~ 81 · 109S (July, 1983 ). The wh1Ch scu fonh distinct limiu to the held chat ,fa sure dctcm,incs a_fine or defendant ,w.scharged "'ith various of Sixth Amendment righr co counsel. rcstituaon 10 be the appropriate .tnd fenses against • young female who had adequate penalty for • crime, it may nor been robbed and sexually 3SSaulted in 11ie Court of Appeals' conclusion that the Sixdi Amendment right to tJ1ercafrer imprison a person _sel_elybe her apanmcnt buildiJ1g. Some of the cou nsel "would be without sub causehe lacked the resources ro pay it. stolen jewelry was found in the dcfen· srancc ifit did not include die right 1·1,cdcfcndanr pied guilty in a Gco rgfo danr's possession n few blocks from the to a mcaninpfu l acrorncy-cl icnr trial co urr to burglary and chcfr, but die scene. His appoin ted counsel was unable rclntionshit>' 649 F.2d, at 720 (emphasis a,ldcd), is widio ut ba,is court, pu~uanc to the Gt'Orgia Fi~t Of to go 10 mat because.-of his hospi tali,.,. in the law. No authority wi,s cited fcndcr'6 Act, did not cnccr a judgment of cion, and another lawyer was then ap fi>r this novel ingredient of the guilt and sentenced the defendant to pointed to handle the ca The quenion in this case is Client and Case Files. Paper mesconverted tD microfiche whether the Founccnth Amend or microfUm can reduce the office me cabinet spa.ce needed ment prohibits a suce from re by up to 95%, while providing fa.st.erfile retrieval and more vokin~ an indigent dcfendanr's aoow-ate re -riling. A standard rue drawer full of records can probat ion for fuilurc to p3)' a fine and restitut ion . lcs resolution in be stored In approximately 6 inches or space when on volves a delicate balance between miorofiche. the acccprabilicy, and indeed wis· dom , of considering all relevant Discovery. Docume nts during dlscovery can be fucro~ when determining an ap reproduced easier a.nd faster when you captur,e them with propriate sentence for an indi microfilm on-site-where the documents are produced. vidual and the impcrmissibility of From the mJcroillm, we can generate a.amany plain bond imprisoning a defendant solely be paper sets of the files as you need . We can provide this ca= of h~ Llck of financial re sources. service to you almost anywhere ln the continental United States . This raster method of document capture shortens outro!-town trips. saving you tJme and money . Justice O'Conncr concluded thac the trial roun erred in automaticall y rC\·ok· Summ ation . We have a ing probarion simp ly boolusc the peti complete line or microfilm1ng tioner could not pay his fine and rcstiru services and mlcrofilm products . tion, without determining that the peti So, call usandletusstateourcase. tioner had not made sufficient bo na 6dc cffons ro pay or rhnr adequa te alternative BIRMINGHAM 326,0005/ MONTGOMERY834.7755 I A TLANTA588 •1012/ HOUSTON434•2444 forms of punis hment did nor exist. S,ptnobn 19'/j INTRODUCING YOUR STATE BAR ENDORSED CARRIER ... ICA A broader policy. Superior Because aiwrneys own and Corporal ion or America. ~295 benefits. Higher standards !or operate !CA, we understand the San Felipe. P.O. Box 56308, lhe professional handling of needs or other n1wrneys. And we Houston. Tex .. 77266. Phone cloims. That's Why your stale specialize ,olely in the field or 1-800·281·2615. bar exclusively endorsed the profos,ional liability insu rance. professional liability program If you are now insured b>· offered by I nsuranee another carrier or are not now Corporation of America. protected, conl:nct Insurance ICA Since d1e Act has been amended on a regular basis, ir is necessaryin c-achcase ro utilize the starurory provisions which were in effect on the date of the injury. LO!J!Jinsv. Ma/lo,y nts @~ CapacitorCo. , 344 So. 2d 522 (Ala. Civ. App. 1977). TI1edate of injury is csscntia.l in dctcnnining the applicable maximum and minimum weekly benefits. Woncmen's compensation benefits arc payable where the Gffolti employee is injured or killed as rhc result of an accident rhar arises our of and occurs in the course of his employment Wit/J t/Jis issue, T/Je Alabama l..a11~·•-rinn.ug11ratcs n new wid1out regard to any question of negligence. Certain willful jc1tt1wcmtitlcd ''Nu/:$nnd Bolts!' To bepub/is/Jed muicr this b)·li11e miscoaduct, such as intentional injury, imoxic,cioa, willful 011a regular basis111ill be 11rticles1vhicJ1 stt fo,11,basic ttnm nt1d refusal to use a safety device, or willful violation of a law or principlesw/JiclJ nre 11pplicab/ci11 1•11rio1tS areas of the legnJpractice. safety rule, t-an bar rccovecy.S~"ction 25 .5.51,A/a. Cade 1975. 711tarticles arc intended 10 pro,>idcr/Jc t1t11• prtraitiqncrwith 1111 111cbmde.n of proof is on the claimant,Ex parte Little Or/Jahn introd1 110 Stptrn1brr1 p.t; v. Mym, S2 Ab. App. 558, 295 So.2d -113 (Ab. Civ. Ap1>, maximum and minimum ffllOun~ti$ available from the De 1974). partment of lndusttial Relations, Workmen's Compensation Where the employee has been anploycd for less than 52 Di,ision, Seate C..pitol., Montgomery, Al.ib:lm• 36130, 1dc· weeks, the avenge weekly wage is the •vcr.igc of hlS weekly phone 832-5040. caminpdhidcdbythcnum~ofwccl.shcwo~.providcd, "rcwlrs just and fair ro both parries will th=by be:obtained." Section 2S·5·57(b) . ThiSsccond method mlgln be u.scdIn the in,t:mcc In "hich an cniploycc worked for 4 5 week,, in Ul<' Permanent Partial Disabili9r Benefits same tcmployrncn1. In the situation where the employment has been so1horr or The majori,y of aUworkmen's compensation claims involve cnsual rharn fair and just nver.igecannot be computed by using permanent parri:il disability wltich, i,1 tum, brings into pl•)' the injured employee's figures, the Act provides yet a third one of rwo s1'1n1tory divisions. E.1chdivision has a separate and method for detcm,ining the average weekly wngc. In such diAcrcnt computation. instance the 52 wec:ksave rage of a worker in the some gmdc, First, for lack of a better designation, these injuries to spc· employed in the same job b)•the same employer, c:m be used. cific members arc described as "s,h,-duled injuries." Section Sec />nttm011•. W/Jitu11,57 Ala. App. 297. 328 So.2d 301 25.5.57 (a) (3). This i11jurycu, hr a 10ml loss or a proportional (Ala. Civ. App. 1975) for an application of the chird or "com· loss of the schc-dulcdmember. The Act liscs each member of pararivcwage m<:thod."In the evait the employer has no such the body and combination and ascribesto each the ~ui,..,lcnr other miploycc, the woges of a similar worltcr, in the =e ,·alue in number of weeks. L1ckof ability to cam is nor the test district.,doing die SJJnetype work, can be ronsidettd . for loss of a scheduled m<:mbcrand wlm die en1ployeemakes thc:rcaftcr is of no concern. Connr r. IV/11u,348 So.2d S02 (Ala. Ch·. App. 1977). Thus, for the lossof a thumb, a worker reccives his tt,mporary 10131disabilit)' benefits and Temporary Total Disability Bene.fits cl1e11,in addition, be rccc,ivcs66 2/ 3 of his average wcckly wage each week for 62 weeks, which is the equivalent value in In the usual cnsc, temporary med disabili,y payments con· number of weeks for a d1umb •s prescribed by the Acr. sis1fog of 66 2/3 of the employee's overage weekly wage arc Another example is loss of nn eye and leg for which chc worker paid to t he injured worker while he is hen.ling, subject ton receives 350 weeks. Jimiration or300 weeks. Section 25·5·57(•) ( I ).11,e Abba1rn1 TI1ere is often • dispure as to whether ,m injury is "sched- Court of Civil Appeals in Dtfomt OrdinanceCorp. "· E11JJl1111d, uled" or "unscheduled." In receiving ,his dispute the test is: 52 Aln. App. 565,295 So.2d .fl9 (Ala. Civ. App. 1974) per "when there arc resulting injuries diat extend Judge I lolmc:s, "" provided a most practical definition of to ocl1crparts of the body •nd interfere with temporary roul disability: their cfficiencv. Then the schedule is and should nor be' excl,L1ive." MTempornry total disability refers to the period of time the employee is rccupcr.mn_g. /..rad,Mnmifnmmng Co. P. P11dtm,211 ,, Ala. 20<), 224 So.2d This is distinguished from pcrmoncnt pamiil 242 ( 1969). Compare,however, Rq111blreSud Corp.P. Kit11, which is bascil on die medial condition nftt:r m;i,x1m11mimprovement has bcm reached.~ brdl, 370 So.2d 29.J (AJ.i. Ci,•. App. 1!179) and l..qJgim r. MalluryCnpncil<,r Co. , supra. Tiie period nf tcmpornry rornl disability cannot exceed ;\00 l11e second division, and po$$ibly1he most litig.ucd. is the ,vc:cks; ho,vcvcr, it cnn c.xjsrat diftC-rcntperiods, bur-i1is not ~unscheduledinjuries " which ore often described 3$ injuries to S)•no11ymous with unemployment. Sec Dtfmu 01·di11m1rr rhc "body as a whole." TI1cse injuries arc de:ilr wid1 in 011'p. "· E1,gln11d,supra, •nd Mil/av. CiJildm. .J2 I So.2d 118 § 25·5·~7 (a) (3) (g), whid1 provide, a 01t'd1-allmainly to cover (Ala, Civ. App. 1982). The rri:il judge can, from all the evi back, hip, and head injuries. 'Under this section the mc•surcof dence, make nn estimate as to die duration of tcmpomry rotnl damages is the loss of abili,y to c•rn wages. SceAshlo_rv. Blue disabili,y, even p•st the trial date. Bell, /11t., 40 I So.2d I 12 (Ala. Civ. App. 1981 ). All weekly benefits, indudu1g temporary tot:11benefits, •re 1l1e wcd TIN Aln.b1tmlfLlf•':1" as age, cduc-Jtion, vocational training, and experience. Expert Examp le D~mputatioo of permanent partial injury tcstim onr from d1c vocational and rehabilitative fields is to body as a whole (non schedu .led injury, commo nly utifo.cd in d,cse cases. e.g ., back injury) 11,c weekly benefits , wherJ1cr for perma nent partial, sehcd· FACTS: Claimant suffered a herniat~-d imcrverrcbral disc at uled or unscheduled, rota! permanent , or death, can be paid on L5 in an accident occurring o n January 2. 1982 . His average a lump sum basis which is the present value of the defined weekly wage was 175 . He has a wife and two childre n and he number of weeks compuced at six percent. ·n ,c parties must s has paid 12 weeks temporary total . TI1e treating o r· agree and the circuit judge must find that payment in d1is form been thopedic surgeon rared his pem,ancnt disability as I O'.K,to d1e is in the best imcrcsts oft hc emp loyee. Section 25·5·83 . Tables of prc~ent value, computed at six percent per annun, , ore body as a whole. Borh parties agTce diat claimant's wage loss was I 0% and that the claim settled on a Jwnp swn or published by rJ1cDcpamnenr of Industrial Relations, Work· be n1cn's CompensationDivision . commuted basis. Settlement date is April 24, ·1982 . TI1c table of present values is used to obtain die focror for the Comp11tatio11of cqmpensation: number of weeks robe paid in a lump su m which is multiplied $ 175.0 0 avcr:igc weekly wage X 66 2/ 3 = by the weekly benefits. Weeks which have accn ted, however, $116.73 cannot be commuted. Normally, the only parties whose Temporary total paid to 3-27-82. or 12 agreement is required ro obraiJ1 a lump sum scrtlcment arc the weeks SI 16. 73 X 12 ( credit allmwd for emp loyer and emp loyee. An insurer docs not have ro approve these weeks) Sl .400.76 such lump sum settlement. Sec Co1111tyCon/ Co.of Alabama v. Busb, 251 Ala. 25, 109 So. 151 ( !926 ). Permanent partial: S 116.73 X 10% = SI J.67 weekly rate Examples of computation of compensation for the loss of a schcd ,~cd member and computation of an unschcd,~cd or 300 weeks allowed body as a who le injury arc as follows: - 12 weeks tcmporarl' to tal already pr,id Example I~mputation of loss of sched uled member : 288 weeks due at pcnnancnc partia l rate - 4 weeks permane n t partial acct'llcd for FACTS: Claimamon December 1. 198 1.suffcrcda trau matic per iod 3·27· 82 to 4-2-i,82 amputation of his left am, , live u,chcs below bis elbow , in an 284 weeks d1at can be commute-cl a.ccidcnt arising om of and occurring in the course of his employment. Bis average weekly wage was S200 and he had a Factor from Table of Present Values , wife and rwo minorch ildr.cn. He has been paid temporary total 24 5.5267 X I J.67 2,865 .30 disability benefits for 18 weeks,along with all necessary medi •i weeks due X I J.67 46.68 cal, hospital , etc. He is agreeable to accepting a lump su m settlement and his emp loyer is agreeable ro this disposition. Lump su m settlement (plus 111edica~ hospi· Settlement date is Apri l 26 , 1982 . ta!, ere.) 52,911.98 Computationof compens11tio11: $200.00 average weekly wage X 66 2/ 3 = S 133.34 Total Perma nent Disability Therefore, claimant is entitled to receive as a weekly benefi t s 133.34 for 170 weeks per schedule for loss of hand . To tal permanent disabi lity is specifically defined in Tcmpor:, ry t<>tal already p:tid. 18 weeks X § 25·5·57( 4)(d) as the pemiancnr and tota l loss of both eyes, S133.34 S2.400 .12 o r die loss of botl1 am1s at the sh,mlders. This sectio n tl1cn (no credit allowed for this) more generally describes a total disabiLity as a physica l or 3 wcck.s acc rued . 4-5-82 to 4-26 ·82 , mental impairment resulting from an accccidcnt whid1 totally S133.34 X 3 = 400 .02 and pcm1anendy incapacitates a11employee from working at o r being rest rained for gainful cmploymcnr. ·11,c courn have lf com pensation paid weekly , 167 weeks X deftncd rota! disability as, "inability co perform the work of $l 33.34 = $22,267 .78 one's trade or inability to obtain reasonably gainful emp loy· Com muted : Factor from Table of Pre-sent n1cnt.'1 111is is, of course, 3 question of fact. Sec Brunson Values, 152.6374 X S133.34 S20,3 52.67 Milling Co. ,,. Grim~, 267 Ala. 95, 103 So.2d 3 15 ( 1959 ): Plus 3 weeks alre-ady accrued (3 X S 133.34) •f00.02 Dt11-T11I-EstMmmfaer111i11g Co. 1,.GO$a , 388 So.2d I 006 (Ala. Civ. App. 1980) . Lump Sum Settlement $20,752.69 TI1c weekly benefits due for total disab ili.ty arc at the identi Total sett lement $20,752 .69 cal weekly rnte as computed for tcmpor:uy rornl, diat is, 66 2/ 3 Temporary total disabi lity alrc-ady paid 2,400 .12 of the avcr:1gc weekly w;ige, subject to the same maximum and minimum. Such ~ndits arc paid, as nearly as possible , ro the Total compensation paid (plus all medica l, emp loyee's rcgLLlarpay schcdt~C ,uucss ther e is agrccmcm hospital , artificial members required ) S23.l 52.81 otherwi se. Total pcnnanent disability can be paid in a lump sum, but on ly with the agreement of both parties and approva l A hypothetical death claim might involve the following facts of a circuit judge. and computation of the benefit: Total permanent weekly benefirs arc due for no certain period but for the duration of the disability. It is coounonl)• Example Ill-COmputation of Death Benefit described as lifetime, but§ 25-5-57 (4) (b) provides d1at a petition to alter, amend, or revise can be filed if, as a result of FACTS: Deceased employee was killed in an accident arising physical or vocational rehabiLitation or «otherwise," the dis out of and occurru1g in the course of his employment on ability is no longer a pennancnt, total disability. January 2, 1982. He left a wife and onecltild, age 17, who was In the event an employee is receiving compensat ion for a born on )Wle 5, 1964. Deceascd's average weekly wage was disabiLiry, whcd1er temporary, permanent partial, or total S200. Setdemcnt is nor ro be in a lump sum. permanent, and dies as a resuir of the injury, all compensation Computati()n"f w111pe1i,11ti,m: he has received shall be deducted from the compensation due Two dependents = 66 2/ 3 of average weekly his dependents for his death. Section 25-5-58 (5). This section wage S200.00 X (,6 2/ 3 = S 133.34 also provides thar if an emp loyee has sustained a permanent partial or permanent total disabiUry and the court has citl1er One dependent = S200.00 X 50% = SI 00.00 adjudged the extent or t he parries bavc agreed as to the Therefore, claimants arc entitled to S 133.34 extent of Ilic injury :md the employee dies from reasons other X 22 weeks s 2.933.48 than the Injury, the dependents will be entit led to the balance When the child becomes 18 (on June 5, of payments 1hc c1nployce ,:vouJd have received. In no case 1982), compensat ion rare is reduced to shaU the dependents rece ive more than die 500 weeks pr<>· 5100.00 . 5100. X 478 weeks 47,800.00 vidcd for a death bcncfir. Total compensation payments (plus mecLical, hosp ital, etc.) S50,733.48 Death Benefits Plus funeral expenses S 1,000.00 Plus Second Injury Trust Fund I 00.00 Death benefits arc computed on • different percentage, according to the number of depende nts the employee had. lf there is only one depende nt, he will receive 50% of the cm· ployce's average weekly wage for 500 wccks. lf d1ere arc two or more dependents, they will receive 66 2/ 3 of the average weekly wage. Both, of course, afc subjec t to tl1c maximum Medical and Rehabilitative Benefits and miolmum Umit:itions :md :,II dea, h benefits are subject 10 dependency. There is a provision for part ial depcodc,,ts The employer is liable for all reasonable and necessary medi ,;vhichallo,v s such individuals to receive on1yt he proporLion cal and surgical treatment required without any Limitations as of the benefit allowed for total dependents that th<:deceased to time or an1ount. Section 25.5. 77. TI1is includes artificial employee's contribution bears ro the 1013.1 suppor t or such members, crutches, drugs and would also include psychiatric partial dep endents. Section 25·5-60(d). treatment if found to be related co the work u1jury. Frnehnuf TI1c death benefit can be paid without administration or Corp. v. Prater, 360 So.2d 999 (Ala. Civ. App. 1978). In guard ianship. TI1c circuit judge can provide for payment 10 defining physicians, the statute also includes chiropractors. any orJ1er person for d1c use and benefit of such dependent. The employer has rJ1er ight to the initial selection of physi TI1is i.s more useful in the situation where depende nts arc in cians. If the treatment is by an unautho rized physician, the different households as die result of d ivorce or iUegitimacy. employer wiU nor be responsible for his charges. Condry v. Since there is no guide as to how much each individual depen Jones Farm Equipmt11t, 358 So. 2d 1030 (Ala. Civ. App. denr is entitled ro, the circuit court has inherent author ity co 1978). However , if die employee is not satisfied wirh the apportion die weekly dcad1 benefits among the various depen employer's selection of physicians, he can notify the employer dents . fa: partc Blrmsit, 380 So.2d 859 (Ala. 1980). and a second physician will be selected. Unreasonable refusal While weekly death benefits arc payable for 500 weeks, they to submit to examination and treatment can resuk in me arc not due if dependency ceases by reason of death or mar suspension of compensation during d1e period of refusal. See riage of such depende nt. Also, benefits cease if the dependent Black 11.Daniel 0111amt11tnllro,i Co., 351 So.2d 578 (Ala. Civ. child reaches the age of 18 (an exception would be if the minor App. 1977), cert. den. 351 So.2d 576 (Ala. 1977). were physically or mentally incapab le of earning ) or marries. Finally, if the employer elects, the employee muSt unde rgo Sec Central /ro,1 & Coal Co. 11. Coker, 217 Ala. 472. I 16 So. vocational rehabilitation at the employer's expense. By the 794 ( 1928) . In die even t dependency ceases for any depcn· same token, an employee has die option to undergo vocational dent, the remaining dependents or dependent would receive rehabilitat ion at the employer's expense if die treati ng physi thar 31ll()Unt of the weekly benefit tile)' ,v6ufa~; vi;)e cn cian concludes that die employee is unab le to return to lt is en tided to had tlicy been the only dependent at die time of the fom1er employmcm. Section 25·5· 77(c). If the employee re employee's death. ff there arc no remaining dependents , no fuses vocational rehabilitation, he can lose his right to compen further compensation wou ld Ix owed. Dependents and the sation during the period of refusal, and this is a q uestion of fact order of their taking arc defined in §§ 25-5-61 through for die trial judge. Sec}. S. Walton & Ce. 11.R eeves,396 So.2d 25-5-65. 699 (Ala. Civ. App. 1981).0 >7l lnEG~Slli~YI w11,~u, Robert L. McCurley , Jr. Randolph P. Reaves Cumberland School of Law serving as draftsman. Sec 44 Alnlmma. Lawyer 162 (May 1983). P1·ofcssiom1lC01-poratio11- Act The Professional Corporation Acr (Act No . 83-514) spon sored by Senato r Ryan dcGraffcnricd :uid Reprc"S<:ntacivcs John Casey and Charles Langford passed bo th Houses with· out amcndn1cnr. The revision \vas d1c ,vork of a con1n1incc chaired by Mr. Harold ApoliJ1SkyofBi mtiogham wit h Protcs sor Jim Bryce of dlc U niversity of Alab:u11aSchoo l of L~w serving as drafi:sman. Sec 44Alabn ma ln ,vytr 2 1O (Ji~y 1983). Bar Spoosoted Bills Met with Limited Success T 11is was an unusual regl~ar session for the Alabama Alnbm 111, State Represtntnri11tJi m Campbell, 11111/.Sm nton Jim Legislature. Ir started a tan odd time and ended at an odd rime. Smith nnd Dun Hnrriso11re ceive Cerriftcatt.sof Apprtcintio11.fro m It kiUcd 1wo hundre d bills o n the last day and yet m:uiaged ro the Alnbnma Lnw lnstih 1te fur clitir mppurt of t/,e Limited p,iss bot h the General Flmd and Education budgets along with l'm'tn mhip Aa bill. ThosesponsurcnoftJ,e bill •1honre not pian,·ed a proposed new Constitu tion. lr even managed ro adjoum ,i,,c i11dude Stnntim Reo Kirkln11dn11d Enrl Hilliard, and Rtpresct1• die ar midnig ht o n rJ,e 30th kg islative day. Now lawmakers t11tivesJolm Cn.sryand Rick Manley. return home to campaign for rlirce yc(IJ'terms from newly reapportioned legislative d isr,fo:s. Legislature Adopts Institute Bills TI1cpac kage of billsendorsed by the Boa rd of Bar Commis· sinners mer with limited success. House BiU81 , to remove the T he Alabama Legislature unanimously approve d and d1e exem ption from license taxes for first and second y= lawyers gove rnor has signed into law the Limited Partners hip Act and and thereby misc needed revenue for die orga nized .Bar, railed the l'rofcss ional Corporatio n Acr. Both will become effective to pass the House . On d1c senate side, Senate Bill 204, to January I, 1984. reduce the statu te of limitatio ns in actions against iJ'1'yers to Limited P,wttiiwsbipA.ct rwo years, never ga ined any momenmm :u1d like,vjse died. House .BiU366, which continue s the operatio ns ofilhe Board The Limited Partnershi p Act (Act No . 83-513) sponso red of Bar Examiners widio ut change , was successfully passed. by Sena tors Jim Smith , Don Harriso n, Rco Kirk.land and Earl Amo ng the two hundred biUs which died on rhc calendar HiUi(IJ'd and Repr esentatives John Casey, Rick Manley and the last day, while a small cadre of senators filibustered the Jim Campbcll passed die legislature widlour amcodmcnr. 11,c Jefferson Cowiry horse racing bill, was the controversial com revision was the wo rk of a com mi tree chaired by Mr . Richard parat ive negligence bill endo rsed by the Alab ama Trial C.ohn ofB imiingha m wid1 Professor Howard WalthaU of the Lawyers Association. While the biU weathered a filibuster in Septrn1brr 19RJ rhe senarc, it met with strong opposition from insurance and industry in the House. Also dying a slow death on the House calendar was Senate Bill 278, which purported t0 instruct the Supreme Court to modify its rules for admission to rhe Bar, to continue to allow graduarcs of Birmingham School of Law, Miles College School of Law and Jones Law lnstimtc co sit for th~ bar examination even though tl1c schools remain w1accredited. Despite its dubious constitutionality, the bill passed the scnate and had strong, vocal support in tl1e House. House Bill 782, RobertL. M&C11rley,Jr., di, Rand olph P. R eaves, a the perennial bill to increase the limits for small claims court rectorof the Alnbnmn Law In g rnd11ate of the University of actions, met with a sure demise in the House Judiciary Com stitute, re.cei1,ed both JJiJun A labmna and Univernty of mince and never made the House calendar. M>lJYlldttatt a11dl mv degrees Alabama S,hootef Law , prac Deadlines beu1g deadlines, this article docs not documem from tht Uni11mity of Al a eieeswith the Mo,1tgo,1m;yfi nn the bills which did pass, as the governor has yet to sign a bnnui. !11 this regular a,l,111111,, of Wood, Minw & Pnm el/, number of successfulm easuresa nd many act numbers have not Mr. McCw1ey,viii keep 11stt p· P.A . Ht presently serves as been assigned. The next issue of The Alnbnmn Lawyer wW dated 011legisl ntio11of int t>'tst legislative <011mtl f w the A la comai,1 a summary of the more important biUswhi ch did pass and impwtnnet to Al abmna bama State Bar. and become law. D nttom eys. contests! contests! contests I contests! contests! contests! contests! contests! contests! contests! contests!contests! contests! CALLING ALL WRITERS! CALLING ALL PHOTOGRAP HER S! TheA lnbamaLmry e,· is sponsoring a short-story writing The-Alabama Lawyer would like to invite you to submit contest for members witl1 a creative, litcr.1ry talent. We your color slides, transparencies, or prints for p<)ssiblc want you to enter! "front covers" of the bar journal. SPECIFICATIONS: Photographs must be vcrricle SPECfFTCATIONS: 11,ose entering must be cither shots and very sharp so that they can be enlarged. We arc members of tl1e Alabama Bar or law srudcnts. The subject-matter is to your own choosing. Keep stories to interested in outdoor Alabama seasonal scenes, '"'" · re.latedphot os (courthouses, for example), or any ideas 3000 words or less-twelve typed, doublespaced pageson you n1ayhave for an interestingcover. At this ti.inc ,vc 8 tfz" x u " paper. The deadline for submitting Stories is need covers for: November 1983; January 198+ (winter); January 31, ,94 . The winning short story, and possibly March 198+ (restored bw offices); May 1984-(Law Day others, will appear in tl1eMay 198+ issue of The Al11b11-111a related or spring); July 198+( Mobile photo forconvcnrion l m1ryer. issue). We urge those who participate to submit entries early, Those phoros that can.not be used wW be rcrurncd if rather than waiting w,til the closing date, requested. Pleasesend a ,xscard with your return address and subject-matter of your photo. Send two copies to: Send photo to: The Alabama Lawyer The Alabama Lawyer P. O. Box +156 P. 0 . Box +156 Moacgomery, AL 3610 1 Moorgomery, AL 3610 1 Pkas'i.incl ude your name and information on how you Please include your name and infom1ation on how you can be cohractcd during the da)', can be contacted during the day. contests! contests! contests! contests! contests! contests! contests! contests! contests! contests! contests! contests! contests! The Alnbn,naLa'IUJ" ''THE FIRST THING WE'LL DO, LET'S KILL ALL THE LAWYERS.'' E. M. Fr iend, Jr. T o Cade'< attitude iowards law and Introduce order, learning and civilization.becomes even clearer .u dtc play devclops. The Your Clients ckrk of O,ath•m rclls Cade (lacerin the >amescene referred ro in the preceding par.1gnph): "Sir, I rhank God, I ba\'e toa been so well brought up that I can write my name." Valuable Service. Cndc n:pli,~: "Awny with him, l say! Hang him with his pen and ink-horn Refer them to Business Valuation Services for expert abour his ncck.n det erminatio n of fair market value of businesses, and A messenger reports to Henry VI financial analysis and consultation In cases of: concerning Cadc's acrivirics, saying: u AU scholan, lawyers. courtiers, gentlemen; 0 Estate planning 0 Bankruptcy they call fal'!Cecaterpillars and intend 0 Estate proceedings their death." settlement 0 Mergersor In Scene V1J, Parr fl, Cade says: "So, 0 Marital dissolutions acquisitions sirs: now go some .nd puU down the Savoy; od1ersto the inns of court; down 0 Recapitalizations 0 Buy -sell agreements wirh them all.n Subsequently, in the 0 Employee stock 0 Dissid entstockho lder san,c scene, he con tinues: «J have ownership plans suits thought upon it, it shall be: so. Away, burn all the records oi the realm: my Contact Dr. John H . Davis Ill , 60 Comm erce St., moutt\ shnU be the parliamcnr of En· Suite 1407, P.O. Box 2310, M ontgomery, AL36103 gland." ( 2 05 ) 262 -6751. When Shakcspcnn:, through Cade's follower, Dick. says• ... let's kill :tll the lawyers," he i, paymg them :t supreme compliment. Cade can succeed to the Imagine: throne of England only through a sue· You're about t o erect a ct'SSful.bloody n:bcllion. He: cannot suffcr lawyers, the exponents ofbw and spectacular new of fice t owe r. order, ro live for they wtUsurely oppose .nd dcfcar h,m. There's j ust one small hitch . As ad,·o.:.itcs, especiallywhen we art: The sate for the monumental new office building seemed advoc;ua of unpopular muses, we can· perfect . Except for one thing . The company preferred not to nor r.xpca 10 enjoy a high degree of have a train running through the lobby. public ap1>rovnl. Rarhcr , we should rake But a railroad held a right of way across the property. and pride in the knowledge that evil men t rain tracks were scatte red over part of an otherwise who seek fmwer by unlnwful means ,vish picturesque scene. A number of other problems th reatened to ourdcs tn ttrion lx:cause wcstaod in their shatter everything. way. We should recog nize the They didn't. Because Commonwealth worked with counsel expression -" lcr's kill ,II rhc and representatives from the railroad, the city and the bwyers"-fo r what it meant ill Sbakc company to keep things on the track . So the building-Instead spcart:'st ime and what it means today. [t of the 5 o'clock express-arrived right on schedule. is an acknowledgmentof the Sr<:31con Whether your project Is an office building that's tribution that the law and lawyers ba,·c stretching skyward. or a single-family home that 's sittmg made tow2rds the est-.tblishmenr of pretty. call Commonwealth. Our service really gn_make a difference . order, stability.nd peace in everysocicry m which they have lived. Neither the We turn obstacles Into opportunities . legal profession nor ~ny individual lawyer has any reason ro be smug, but fi'i COMMONWEALTH!AND ' I!;!; mu INSURANCECO MPANY the next time someone quotes chis ex AS!.fll.wrU\'IUCllkilclnc,C.0..~ pression ro derogate them, can we nor in 164 St. Francis Street • P.O. Box 2265 aU ci ndor ask him if he really knows Mobile. AL 36652 • (205) 433 ·2534 whnt he's rJ.lking ~bour?O J. Michael M>tn:a.scoand Bobby N. Bright arc: plc.iscd to announce die opening of their _individualo!Jiccs for ~bout Melllhers tlic general pracocc of law w,th offices locorcd arm South Perry Street, Suite 300, Montgomery, Alabama 16104. ~mongFirms Telephone 263-2333. The law firm of Johnson, Ruskq , Hornsby & Etheridge is p.lcascdto announce that Cheryl S. Woodruff has become associated with the firm. Offices arc loaucd ar 131 Nord, Oates Street, P. 0 . Box 1193, Kenneth R. Looney is pleased to Dothnn, Alabama 36301. About Member s announce the opening of his office for Alice Meadow s, with the Mobile law the general practice oT lnw :r.r1 00 E:ist finn of Mcadows & Howard, was P<-;idmccScrcct, I'. O. Box 1162, Balch, Bingham , Baker, presented the Community Service Scowboro, Alabm1a ,.s768. !'hone: H•wthomc , Williams & Ward, with Aw:ird by the Mobile Communicv 2j0-2.00+- offices in Birmingham and Committee Against DomcsricViolence Montgom~J anathe Montgo mery ar rhe second annual aw:irds luncheon in John P. Tanner, Altomcy at Law, firm of Sm.rm, Bowman , Tliaganl , July. is pleased ro announce the rdo,:ation Croo k & Culpepper , P.A., arc ofh is office ro 2925 Montgomery P.lcascdro announce the merger of their firms for the general practice of William H. Satterfield hns been II iwiway Nord1, Pelham, Alabama. Telephone: 663-2960. law under the name of Bafch, :!J>poinrcd.s deputy M>li!'.iro_rat the Binghan,, Baker, Ward, Smith, ucp;unncnr of the lnrcnor in Bowman & Thaga,nl. The firm also Washington, D.C. Alabama Swc Bar member Wtlli:r.m announces that S. Revelle Gwyn and Watt Ca.mpbcll, a.ssociatcd,virb rhc James H. Miller ill have become law firm Gciscnberger & Herr in partnc_rsin d1c firm. Offices arc Judge John D. Snodgrass of 1,ancasrcr, Pcnnsylvanfo, announces locnccd at 600 North 18th Street, P. 0 . H untsvillc has been elected to the that their officeslrnvc moved to 36 Hox 306, Birmingham, Alabama 1s201 Boordof Directors of the National East King Street, L:mcaster, and at The Winter Buildii1g, 2 Dexter Judicial College for a threc-ye:ir term. Pennsylvania 1;6o2. Avenue, Court S Bruce Macl'herson is plcnscd ro announce the o~ning ofnis office for Darryl C. Hardin mkes pleasure in Among Finns the practice of faw at !J East South announcing that Scc,·cn L. ,Vise has Street, Monrgomc,y, Alabama 361o+. ' oincd him in the gcncnl practice of The law firm of Volz, Capouano , law under the firm name of Hardin Wampold & S:tnsone, P.A., talccs and Wisc. Formerly, Mr. WtSe was a pleasure in announcing diac Charles Mc_rrill, Porch , Doster & Dillon , law clc.rk for die Alabama Court of H. Volz m and Ellis-U. Han:tn have P.A., t, kcs pleasure in announcing Civil Appeals. Offices have been become nssociatcd with the firm and d1at Randall M. Woodrow has joined relocated co 2813 Eighth Street, Charles H. Wampold, Jr. has become the 6 on in the practice of law. Offices TUSClloosa,Alabama !S40t. of counsel. Offices :trc located at ,.so art' located at Suite soo Somhrrust Adams Avenue, Montgomery, Bank Building, 1000 Quinrard Alabama 361~. Avenue, Anmston, Alabam2. The law firm of l'appan .asto$, Samford, Robe rt& &. Blanchard, l'.C. , is pleased co announce that Jeff S. Ba.-ganicr, Attorney at L3w Marcel E. Carroll is pleased co Su_"3n Shirock DePnola has become is pleased to anno,u1cc the opening of announce die rclocatio,, of his office anassociate of the firm. Offices arc his office at 1.5Wa shington Avenue, for the practice of law to Suite 1215, located at Suite 111,One Court Suite ro+, Montgomery. Allbama Union Bank Tower, Post Office Box SQuarc,0 P. . Box t+ TIJt· Alnbt1111t1f.,1:r 1,p '8 1 effect ot those areas 011 what you re doing now So CLE I don I think can be 1983-8+ALABAMA ST ATE BAR SECTION O.FPlCERS classified as being a good lhlng, but I think you ve 90110 classify II as a must thing. Whether twelve hours Is enough o\D~IINISTRATl\'I: LAIi SI-.CTI0:-1. or not I don I know. As the law gels more and more complicated , or as l'rmdmt l<~tnllmkcnnJg, El1Sha Poole says, our mystenes 901 Q111in11nn·Eltn R,UI l•I""· ··more and more taller. then we·d have I'i« l'rwirl.nu Rt1\\ Bo\\:da, StoYI.nrrT rn1111rrr: ( l.amk Rm'« to have more CLE. Accountants have • D1mm11: Rol•nJ Rutlin11mn tony hours, and lhey llve a right compli· G«>rg< F I tm,hm..,,, cated fife, but ours are getting more N \'r..-dmd and more compf,aued 1'1111Gx nnm111· .\Inn T r"""""'d Al'-'TITRl'ST SECllON : 0 1a1rm 1u1 1.c,,"11 r.,J!", Ir Q •How do you feet about all of l"ict C1111innn11. frmL Mc Right the exemptions being given? SnTrt11,:,T1Yt111,rrr · Ed.li Q •Above and beyond repre analy<1sof the prnposcd C,m,ttttttH>n ru senting the client. does a lawyer GJ>residem'srcpLtcc old 1901 have a responslblllty to the public? I \\'Jnr to cntl tl111 rcpon tw 1h.111kmg Gpage_ ,.. ,...... /nn _,,. you for letting me "'" e i, pn,,11.lc111or 1h1 We are GExecutive proud to C.Oirector's ~port o--,o--,; be associated with the Alabama State Bar. die ABA. S. Ea!,on lb.kh ofR1nmngh•m Sundmg (.ommnrcc on Continuing scn ·es on the C.:,,unc11of I h..- Puhht bdrn:•1K>n of the B>r.Hobbie Prcslc\•of Utilities Ltw Secoon of1he AnA, wluk: 81m11nghnmis the nc" chainn.m of the Joseph H. Johmon of B1m11ngh1mh;i., hudger commmec of rhe Young rclinqm,hed the cha1mnn1h1p1hi< ,·ear Lrn-vcrs 1)11•1s1011of the :\.BA. of 1hc Urban, S1-:iteand Local Gowm 111c Americ;>n Bar Association Ins mcn1 S,·nit1n of the 1\BA . Suprenw 111.1dca signili r1,,.Aln.l111mn l.1rnw r Opinions of the General Counsel William B . Morrow, Jr. Q UESTION : professional judgment in behalf of a client "Where a prospective client seeks co employ an attorney to will be or i• likdy to be ad"=d Y:affccted by file a di"orce procccdiog on his behalf and pays a retainer the acceptance of the proffered emplo)'mem d1crcfor, but misreprc:scnrsro the morncy the identiry of his or if it would be likely to involve him in wife, knowing dm the attorney would not accept employment representing differing intcrcsu, except to the against her, may rhc attorney, upon learning the identity of the extent pcnnitted under DR 5· 105(C).~ wife, return 1he reruner and accept employment by the wilein defense of the divorce action filed by another attorney em The office of General Counsel 20d the Oiscip~nary c:um ployed by the husband? m1S1ionha,-c on a number of OCC3Sionshdd that a lawyer cannocsue a former client if there is a "subsrantial relationship~ 1f the arrorncy may accept employment by the wife, is any between the formu represcnrarion and the reprcscnmcion of ''confidence" nr ''secret" imp:med ro the an:orncy by the hus· rhc new dicnr ng:,inst the fomier client. It is not ncCC$Saryto band protected by d1e attorney-client privilege?" show that a "confidence" or "s,:,;:rct"was obtained which the lawyer cannow usefavorably to the new client and advcndy ro ~ SW'Ell : the former client. The Supmne Coun of Abbamaad opted tl1is view iii the case ofF.x ParreTnylor Con/ 0, ., Inc., 40 I So. 2d I Since d1c husband affirmati,•cly misrcprC$cntcd10 die attor (Al.1. 1981 ). ney die idcntiry of his wife, no mo rncy-clienr relationship c;,me ioto being. Therefore, the attorney is not preduded from No discussion of tl1e variou, opinions iorcrpreting chc accepting employment by the wife or from using information above•quoR-dn1IC$ is necessary in the insc:inr=· The qucs imparted co him by th.-husband and favorable ro th.-wife and c,on is rcsol,·ed by 20 initial determination as ro whether or not adverse ro die husband. an attorney-client relationshjp came inro being which would invoke the appUcncionof the above-quoted rules. Every con DISCUSSION: sultation between a prospective client and an ano mc)' docs not Disciplinary Ruic 4- 10 1 (A) provides: nccr$.~arily bring into being an at10111cy-cLicnt rclationship. ~.oR4 ·101 Prcscrvauon of Confidence and In an opinion rendered by the Ethics Commitrtt or the 5.-crers of a Qienc. Michigm State Bar ( I 959) the committtt held that wh.-rc a (A) 'Confidence' refer$ to information pro wife misrepresented her idcntiry in ronsulting a lawyer aboura tected by the attorney-client prh~legc under divorce and the husband had been a clienr of the fawycr, an applic;iblc law, and 'secret' refers to other nrrorney-clicnt rclnrionship was not csmblished with rhc wife information gained in the profcssionnl re· sud1 as to prcvcm the lawyer from representing the husband in lationship thar the client has requested be a divorce between tlir parties nor from revealing such consul held inviolate or the disclosure of which unon to the husband if the !.iwycr deems it o=ry ro would be embarrassing or would be likd)•to protea the husb20d's inrcrcsc.l11c Etliics O>mm,ssion of the be detrimental ro the clienr." Ariwnn State llar ( 1970) hcld rJ1ata lawyer who refused to represent n pony in bankruptcy because of the party's refusal Disciplinary Ruic 5-101 (C) provides: to disclose his a.sscr,is not bound ro respect Ilic party's confi "OR '5-101 Refusing Employmenr When the dence$ in this r,:qucsr. Lnrcrcstsof the Lawyer May Im The General Counsel 2nd the Disciplinary Commission pair H is Independent Profcs · hal'e issued several ctliics opinions holding that the mere fac-r sional Judgment. that a potential diem consults an attornc-y and discus. Disciplinary Report Surrender of License Private Reprimands 0Jl July , l, 1983,the Supreme Court of Alnba111nentered On f,mc 2,.1., 1983,private rcprrmand~ were given for the nn order ncccpting the vo luntary surrender ol'lkcn,"<'ttm · following violations: dcrcd bv lla.ldwin Omllt)' attorney James A. Hendrix. • An anomcy was privately reprim:u,Jcd for violation ·me courr ordered th;i.rMr. Hendrix'$ name he stricken of Disciplinary Ruic 6-101(A) which states that • from the Roll of Anorucvs in .tlJ coum of the \tJte of lawyer shall ll()t willnillyneglect a legal matter en· Al.1b.1nu,•nJ thnt his lice~ and pri\'ilcgc to pracncc la\\ tl'IJStcdro htm. In th,, c,1,ICthe J11e1plm«lanomcy on •II d1c wurrs nf the mrc of Alabama be c:•n,cllcd 3nd had been hired to n:prc>CntJ dicnr 111 an accident annulled, dTccti,·c,r 1:,,:01 A.l•I..Jul)' 6, 1983. Mr Hendrix case, The damag<:$,m oh ed \\ ere rrummaland lwiil lud pm·inu.\Jv ba:n comictcd in the Urutcd Smes DLs· ity w3Shotlydupu1ed. Once 11b«.uncob,1oustothe mc1 Coun for the So11d1cmDistria of Alab•m• of ,·iol•· attorney that the da101,vuld no1 be concluded wid1· um, of Sccrion 946 and 96;. Tade 21, U.S, Code. and out linganon, die a1mmcy lo5t iruerc,,, u, die file md \ClllCtKcdto 1wo concurrent s·year tcm,s orimprison· allowed the siatutc of l11111tat1(,n~ IO expire. The at· 111cnr. tomey admitted tha1 he hn,l willfollyneglected this kg:tl matter .u,d, in JCCOl'tl with his .1dm is~ions, the Di.sciplinorTBoard dctcm1i11ctlrim appropriate dis· ct iplinc for he admiticd offense would be a private r~'Prim;i.nd, Susp,:nsion • An anomcy w:i; privately rcprim.u,dcd for lm•ing ,·iolatcd DR 2·ut(lll(2) h)' fiiiling10 withdraw from a Louis A. Mczrnno, of Binningham, w:1..\ ,u1pcnded l;i.wsuitfor appm~inmclv li111rJnd a half months from the prnl'ricc of la\\ for t20 days, without aumm,ric ati-crha,·111g been discharged l>ythe clic:nr. reinstatement, dTcctivc Auguste11, 198J,for ha, mg failed • An attorney was prwatd)' repnmanJcd ioniolating 10 ,ndude an • newsp Sq,u.,J," ,i,,; of J ~ciminal ddmd.mt. 3ntl tuvmg J.lsocollected bct-,1nude ~· the •nomc:fc.u,:mor, who "~ :,av fond~ from die State of Abbama ~ Jppointcd coun· mg \\ 1d1ourbond. A 1und oftl1c Disciplinary Boan! ,..,11brthe S3mccn mmal dt'fendant 111the same ca,;c. Jcrcnnincd thi$ robe a v101Jnonof DR 6·101(A) and 1m~d a pri\'atc rcprim,md as appropriate disci· • A lawyer was privately repnmnndcd for having vin plinc. lated DR. s>-101(13)(+), by having collected ccrtnin funds from the seller in a real estate equity sale for the • An nnorncr rccewcd J pnv,te reprimand for ,·iola· purpose of making ,l monthly mortgage payment rion of Disciplimuy Rule 1 ·102(A)(6) which stare., thJ t wa., overdue at Ilic cl,~,mg, and. tbro, ba,-ing th:itw attorney shall not engage m anyconduct tha1 l:11lcJto pay those funili 11, rite mortgage company Jdvcrsdy rdkas on h1.1lirn~ to practice law. In thLI for uvcr a year. c;1sc,,the anomcv had prcpattd two diffcrcr,t uutru· • An attorney was pnva1dy reprimanded for having m('TUSof mn,·cvancc \\·hid, he ,lso witnessed .and been guilty of "willful mi,conduct;" in violation of notarized. In one uf the uistrumcms. the capttoncd OR 1-101(A)(+},nnd for having engaged in co,1ducr gramor did not sign the inimuncnt, bur, ral11cr,the thar ndverscl)'r eflec-rcdo n his firnc.~st o practice law, no1.11io11"dccc=I 1/'Ji',/78"w,,s entered in pL,ct:of., in viol3ciun of DR 1-101(Al(6) by having illcgnlly sig n.uur c. Nonerhc lcss, the insrrume11t was purchased and used marijuana and cocaine. n0t<1ri7.cdby the rcspt1ndc111morncy and dul}' likd for record. In the other 111\tnimcnr the heirs of J • A la\\~.'crrcc:civcd a pnvn1creprimand forviolaaon of ccmin estate appeared J, grantors. Among thoS<" Oooplinary Ruic o-101(A)whrch sr.ircstha1 a law)·cr heirs was a child appro:umatcly silt rears of ag~ The shill not willfull}'ncgkct a lctt,ilm.mcr C1lcrustcdro child signed the instrumcm of co,weyancc md his h,m. for failing ro romplc:tcd,smbution of an csrate's s,gnarure was witnessed and O()tariud b)•lhe anor• J. NOTIC E The lcgisbrun: by 1\ct S)'7+h 198;Rcgubr S=1on, incrc.scd che appdLtu, coum' dOlket fee pro,idcd for in Rule 15A(1},Abbama Rules of Appcllaie l'roccdurc from $50 ro S100. '1111>increase becomes clfeawe September 6, 1983. SMITH-ALSOBROOK & ASSOC. EXPER T WITNESS SERVICES -Machineguarding •Trall,c aoooe<11recons1ruc11on •Tire consulting FORESTMANAGERS & CONSULTANTS •lndus1nal acaclonts YLS Reports Successful YLS Members Take Leadership Roles Scmina .rs and Socials On Friday :ui:crnoon of the convention, the Young Lawyers Section met and held irs annual business meeting , 311dan .Birmingham at the State .Bar Convent ion, the Young In unusually large number of Young Lawyers attended the busi Lawyers Section of the Alabama State Bar concluded a very ness meeting. The election of officers of the Young Lawyers active and well-rounded progrnm for the 1982·8, year. To Section was held ,md the following ofl.1ccrswere elected for the climax this year's activities; the YLS held a "Rece nt De, •d· coming year. opments io the Law" seminar at tbc .Birmingham Hyatt. Over fom hundred attorneys were in attendanc e. 11,c success of rJ,c P«-sidcnt: Edmon H. McKinley seminar was rhe result of the hard work of JulieSmcds and her President-Elect : Robert T. Meadows lJl comn1ittcc. Sccrcrary: J. Bernard Br:u:man, Jr. Treasurer: Claire Black On Jluirsday nighr after die General Membership Recep tion , the Alabama Young Lawyers Section and the .Biriuing In addition, the Executive Council of the YLS were recog· han, Young Lawyers sponsored an evening of dancing and nized. It was reported that William B. Hairston, Jr., president socializing on the balcony of the Binuingbam -Jdlc rson Civic of the Alabama State Bar, requested that l recommend to l1im a Center. The function was a huge success in that it aot only young lawyer ro serve as a liaison between the YLS and each of drew large nw11bers of young lawyers but many of those the standing committees and task forces of the Alabama Stare attending the membership reception also joined io the fes Bar.TI,osc rccon1mcndatlons,vcrc made priorto the.co nven tivities. A much•dcsc1ved note of appreciation must be ex· tion , and those appoinm 1enrs were made by BiU Hairston. pressed to Jim Lloyd, president of the Birming ham Yowig 111osevarious individuals serving as liaisons had been person · Lawyers, and Olro l Smith, of our Executive Committ ee, for ally contacted by me prior to their recommendat ion , and they coordinating this fmc cvcm. Reggie Hamner, executive sccre· were rct-ognized at the business meeting . 11,osc individuals t:try, and his staff did an outstanding job of f:lcilitating this will serve as a very important link between the YLS and the event. It is hoped that this sets a precedent for the Young Srate Bar and will, in effect, be representing the YLS on those Lawyer affiliates in each of the convention cities to co-sponsor various committees. During the:coming year, those rcprc..-scn· with the YLS a large social function at rl1cconventions. Plans tativcs will be asked ro be prcsenr ar various Executive Com are already under way to sponsor such a nmction in Mobile mittee meetings and report to rJ1cExecutive Committee on the next year. activities of the various committees and task forces. Srp1"11ber1¢1 Young L.lwyas Nation wide Mcrt YLS rear p~. I must give• pcnon:al note ot lhanks to him for the tremendous job he did in making die caskof my The wcrk following the Alabama Snue Bar convention, the becoming die current president c:asicr. In addition, I must Amcl'ican Bar Assodntion met in Atlnma. The Alnbnma Yonng d,nnk his wonderful wife, Pam, for giving Tom the encour Lnwvcrs&ction wos rq,res<.'tltcdat the Young Lawyers Divi agement and time to be such an outstanding president and for sion· (YL D) Assembly by the largest delegation of voting :mending all of the many functions with him through the year. dekg.ues that h:is rcprcsaital Alabanu in quite some on:,c.In faet,at times there were more Alabamadelegates prcsair tn rl1e asscmbl)• than d1cre were Georgia delegates at which a tnbk wnssha red. Th0$CAlaba ma Young Lawyersrepresenting Ala Executive Conunitt ec Broadens Base bama as voting delegate• were: Edmon H. McKinley, Meg In 2ppoinring the various members of the Executive Com· Sl();ln, Wanda D. Devereaux. Mac B. Greaves, Robert D. mince, • coaccrttd effQ<'tw:is made on my pare co appoint a Eckingcr, along with J. Hobson Presley,)~-: ~ho is currently $ignificant number or first-year members in an effort 10 Budget Dittctor of the Young L.lwycrs D1vu10nof the ABA. broaden the base of the Exccuti1·cCommittee so th21 the Those delegates represented Alabama in a very nsi:utc and various gc0graphioil areas of AJabam• would be more effi:c· sincere manner. It is nlways importnnt rhnr Alabama ,s reprc tivcly represented. ln that regard, l wo,1ld like ro n~tc diot th.e .1(:nredat die YLD functions so rhnt nil of Alabama young various local Young Lnwyergroups make outstanding contrt· lawyerswill be represented and their coim:rns expressedro the bucions to their localbar 1WOCiationsand 10 the public in both organization that rcprc:scntsall of th~ nation's i-o~g fawyc~. professionaland social 2cnvities.Anyone interested in forming This )'CM was the year for the elccoon of a dimict rcpr~ a local Young Lawye~ association should conraa me or raive from Dimia 10 representing Alabama and Georgia ro Stephen D. Heninger, 7thF loor, City Fe~e':'I B".ildin~, Bir· the Executive Con,mirrcc of the A.BAYoung Lawyers Divi mingham, Alabama 35203,fo r those assoc1anons in Jefferson sion. At the gathering of the delegates, I was honored to be Counry ond norm , and J. Bendt)' Owens Il l, 1ssoFi1sr Na S<:lcctedas the District 10 rcprescncntive to the Executive tional/Southern Natural Building, Birmingham, Alabama Council of the YI.D for the next r-,-o yea~. 3$103,for~ associations south or Jefferson County. These In regard to the:activfrics of the ABA Young 1;,awycrsD!~ r-1'<>fine )'Ouoglawye~ arc serving as co-chairmen of our sure sion, la me cnooul'llgeany of you who would like to parao· YLS Local Bar Coordinating Committee. In addition, should pate on committeesof the YLD to convey that desire to rn~and you wish 10 parridpare in the YLS by becoming active on one I will do whatever I can to sec that you nrc put ro work 11'1an of the YLS committees, please contllct me and l will forwnrd area of your choice. Likewise,if you have a concern whkh you )-Ourrequest co the appropriate subcommittee chairperson. feel should be addn:sscd by the YLD affeaing our profession. It ,s an honor for me to serve as president or the YLS during pleasela: me know and I will contaa )'OU about cxprcs.~ingdm 1983·8+-A very actil'e ycar is anticipated, and I look fot'l<'llrdro position to the Re50lutioos Conwiincr of the YLD. working not only 1vithmembc~ of the Executive Committee bur wirh as many of you as possible. TI,e work:u,d the so·c.ngrh of the YLS is oosc:don the tremendous energy of the various members of thr Executive Committee and those young M.any Thanks to Outsta nding Past Presidents lawyers "'ho make up the sub committees. Therefore, lei me In previouslymentioning the successof the Alabama YLS,it rcquc:s1!hat 30)'0f )'OU who might have a suggestion reg.irding would be rcmis~not ro c,.~prcsst<> Norborne C. Stone, Jr., as die work of our section, or who mighr need assistance from immediate paSt president of the Alnbama State Bar, and die YLSfor a localyoung lnwyersprojca , please contact me, nnd I B<1:1rdof Commi~sionersou r Section's since~ appreciation for assure you rJ1at an cJTorcwill be made ro provide you with ~n their encouragement and receptiveness last year. Bill l·faimoo appropriate response. h:is aprcssed to me: his deep concern for our sccrion in the mming yearand his willingness 10 work with ~ ~y war Edmon H. McKmlcy possible. His appointment of those Young L.lwyer h:usons mentioned previously is an cxcmplifoc:ition of his recognition oft he importance of having Alab:unn young lawyers' poinc~of view exprcSS the judiciary, :ts a manbcr of the Advi sory Commlrts'Cro d1e Supreme Court 0 ( Alabama, and a,~nn :1SSOCiarcjustice of the court in 11167. 'lbrough it nll, Francu Hare served the law. Francis Hutche son Hare There is no qucsrion that Franru Hare 1904-1983 w.1sa grcnt lcg,il scholar. He had • fine and keen :111:ilyrical mind. He possesseda Presidmt oj'Aln.bnma Smte Bnr perceptive insighr, almost beyond belief. 1949-1950 His memory ,V:ts supcro, nnd his imcg riry beyond reproach. His voice,person· aliry, aod manner were all JS ifraik>~ .to his chosen <-rafi.Together these qualiucs meshed tO make Fr:tncisHare one of the most outstanding trial arromcys of d1is, 22 , lawyer. He was widely known for his wit On Wedncsd>y,Ju ne 1983,Frnncis or any.. era. Hutcheson HJtc , one of Al:tbJm:t's :tnd and would often come up with ideas One of die mon trca5urcd books on America's finest 1:twyc~ puscd away. th:tt, ar lirst gbnce, seemed shocking. my bookshelf w:tS written b)' Francis In his poem,"A Psalmof Lifet Henry Only :tfter e1rcful rclkmon and dose Hare . Ir is entitled, " My Learned Wadsworth l.ongfc_Uowwrore : examination would the ,hock fade away, Friends: Memories of a Trial Lawyer," leaving behind the deep rhoughr, excel· "Lives of great men •U remind us and is a rcminisecnc:cof his mnny years•s 1cm logic, •nd true meri1 of his ideas. We con make our lives sublime, a member of the bar. On the book j,ckc:t, Som in Lower Peach Trcc, Alabanu And, dcp:tning, lc:avcbehind us there is a quotation about the author in 1904, Francis rcccwcd his law degree Foocprin1son the sands of ume.ft which COll\'l:)"S• dc;,r and COIT<.'Ctimpres· from tl1eUn1versirv of Alabamaand w..s sion of Franci5 HJte . Ir romcs lrom lf Longfellow were a poet of this ad.mitredto the p.:.cricc of law in 192;. To m L.1mbcrrofthc Association ofTrial ccnrury, Francis Hare mighr well hnvc 111mughout the last fifiy-s1x )'Cars, his Lmvycrsof America,and rends, ~Francis been the inspintion for thc-seimmomu contr ibutions to d1e legal profession HJte is the rocr Laurente of the Amcri· lines, for there have ccrt:uruy been few seem endless. As the Memorial Rcwlu · cm Bar-the complcre advocare." From men who left behind such urge, foot oon of the Alabmia St11c 83' Associ•· my own pcrsc>nalexperiences and obscr prints. ti<>nnatcs, "To list all of Mr. Hare's ,·1.tions, I on testify that no truer words There arc mony phrases with which contributions and achic,•emcnts would were ever spoken. tribute, may be p John Strickland Foster of Birming· ham died April 1+, 1983. He was scvcnry·six. Mr. Posrer was born in Bim1ingham 011 May 10, 1907, He received his pre H.P. Feibelman, Jr. paratory edu,-:1rionat Webb School in Bell Buck.le, Tennessee and as a loyal nJumnus served btcr ns u trustee of the school. Mr. Foster anrnded college ar Vanderbilt and received his LL.B. from 1-krbert P. Feibclman, Jr. , vice fellow lawyers for the creativity and the Univcrsiry of Alabama School of president of the Mobile Bar Association, imagination which he brought ro the uw in 1931, the year after his admission to the Alabama Bu . died on June 29, 1981, in Mobile. He was practice of law and was admittd by fifty years of age. everyone who knew him wdl for his coo· From die day of his graduation from Ben. as he w.is called, was born on scient1ou~ •nd unselfish service ro law school until shortly before his death, May 19, 19u, in Vicksburg, Mississippi. others. Mr. Foster was busily and constantly en· He received his undergraduate degree gaged ,n the practice of ~w. uninter ln addmon ro having been vice from the Unil•ersity of Alabama where rupted except for tl1etime spcnras a legal president ofrhe Mobile Bar Association ollicer duru,g World Wnr 11. During his he ~"i"cd d1c Phi Bct:1Kappa key. and at the time of his death, he was serving as later graduated from the University of long and successfu l career, he was vice-president of die National Federa Chicago School of Law. He clerked for known as ru1indcfntigable researcher and tion <>£TempleBrm hcrhoods and prcsi· the Alabamn Supreme Court for One expositor of rhe law and was considered dent of the Spring Hill Avenue Temple year before moving ro Mobile ro begin to be one of Alnbama's leading experts in Mobile. He wns also past president of the practice of lnw. At the rime of his on government;1J lnw and on statutory the lnrcrnarional Parents Organization dcolh, he was the senior partner in the consrn.1ccio11. of the Alcxru1dcrGrnham Bell As$oci•· bw lirm of Fdbclman, Shulman and tion for tl1e Dcof, pasr president of the As busy :is he ,va,, Mr. Foster still T crry in Mobile. Abbamims inrercstcd in Deafness, past found time roscrvc onmany capacitiesin Mr. Fcbclman will be greatly missed member of the Board of Dircaors of the his community and church. He also by the Bar, die community and the state, Mobile Junior O,ambcr of Commerce, loved politics and w;u :icrivc in many as well as by his f3m1ly,friends :wd law past vice-chairman of the America's campaigns. partners. He was mily a lawyer who Junior Miss Pageant, and w.is a member loved his profcuion and enjoyed his Mr. Fo~tcr wasregarded not only for of the Bankrup1cy Sul>-Committtt of work. He consistently dc,'Orcd a sub his s•gc counsel and tough ad,-ocacy,but the Amcrk:w Bar Association and a stantial':i1iil:ilmtof his rime and energy ro for his great ~cnscof humor. He ,viii be member of ll1e Mobile Rotary Oub. both civic ruJd professional endeavors missed by his friends, familyand clic,ts. throughou1 l1is ~-:1reerin an attempt to Bert is survived by his wife, Phyllis, Sy111path)• is extended ro his wife, make thi.s world a better pince in which and rwo sons, Samuel Frederick ru,d Dorothy, ~nd hi.scwo step cl1ilclrc11, Bar to live. He was well respected by his Phillip L:,wrcncc. baroFane and Dr. John Mowick. 191 Coumy, died on June 13, 1983.He was Sixth Judicial Ciccuit where he scr\'ed SC\'CDty-thr«. continuously and with distinction until Judge Nicol was born on M3J'Ch14, his rcrncmcnr on October 1, 1982. 1910,in Tuscaloosa and ir was there he Among numerous other distlll~'UOnS. chose to attend school ond procricclaw. dunng his career, Judge Nicol served as He was admitted ro the Alab3llla Bar president of the Alabama Circuit So upon graduation from die University of licitors Association, the Alabama Cir Alabama School of Low in 19;+. cuit Judges Association, und the Tus For four ycnrsbefore World War IL, ~-;tloosnCou nty Bar /\$sociation. He \1'1!$ Judge Nicol was a special agent in the .tn cider in the First Presbyterian Church Federal Bureau of Investigation. He of TuscalOC1Saand was • Mason and served thn:c years in the Arrny in military Shnncr. inrclligcoccduring World War [L and. Judge Nicol alwo)'S showed skill, dili after thew.tr. he rcrurncd to Tusaloosa gence and fairness in hL Belcher, William Richard-Phenix City Smith, Larry Bugcnc-t\rlingron, Vuginia Admitted: 1935 Died: May '26, 1983 Admitted: 1967 l)ied: May 9, 1983 Booker, John Wtlliam...tSr.~lonigomerv Spar"5t Fidder Guy, Jr.-Anoiston Admittc:d: 1932 u1cd: M•r s. 1983 ' Admitted: 19j0 Died: June 28, 1983 Fdbclman, Herbert P., Jr.-Mobile Woolf, ~ Michael-Anni ston Admitted; 19,S8 l)icd: June 30, 1983 Admi : 1927 Died: July 3, 1983 H.1rc, Fran cis Hut chC$0n1 Sr .-Birmingham Admitted: 1927 Diea; June 22, 1983 Lee, Mickey Martia -Huncsvillc These notices arc published immediately after rcpons of Admitted: 1978 Died: June 26, 1983 death arc received. Biographicalinformarion not appear· ing in this issue will be published at a later darr_ifinfonna· Noel, James Barney, Jr.-Birrningh:un Admitted: 1951 l)icd: July n, 1983 tion is accessible. We as!( that you promptly report the death of an Alabama attorney ro the Alabama State Bar, O'Rcar, Wtlliam Gunrcr-Montgomay and we would also apprcaatc )'Ourassisrancc in providing Admitted: 19;0 Died: July 3, 1983 b1ogmphical,nfonnati<>n for TIJ, ,ilabnmn Lm,,ycr. Walter Eugene Ballard, Jr. • Monrgomcry George Alexander LcMaistrc, Jr. • Tuscal00$a John McNccl Bn:ckcnridgc • Binningham Benjamin H iftt! is presrnteb tqis cert ifintte b!J bircdiun of tl1e tlilolrrb of r ASymbolof PROTECTION for the nation's Legal Profession For nearlya centurythe PirstAmerican eagle has beena symbolof reliable protectionand dedicated serviceto the nationslegal profession . For titleexpertise , experience, and a keenunder standing of the needsof the legalprofession, cal l on PirstAm erican.There is an officeo r agentn ear your eady to serve. First American Title Insurance Company STAT!OFFICE: 820 SPAIN STREET , NEWORLEANS, LA 70117• (504)948-6596 NATIO NAL HEA.OOUAATEA.S 11, E. FlnH ST SANTA ANA, CA 12701 • (714) S.S8•3i n SERVING TITLE INSURANCE NEEDS THROUGHOUT THE UNITED STATES A.QJ(iutt'tlwith Tilt! FTt3l A1nerit.Yut Fi11<111t·Jal CuqK)l(lt/on Qlassified ~otices FOR SALE: Two I BM dire,ting units illld books for sale c"'o IBM ,r:uucnbc~ (6:J cmridg,: •}'>!cm). Richard Wilson l'wduscd new in ,sm; currently in we ,nd CURRENT LEGAL FORMS by Rabkin under scr.icc conoraa:. One dicnung unit 1nd Johnson. full IC'! consisting of u •-ol· & Associates •nd mmscribcrsc:t, S.5 0. Eachuni, $1jo ~) d un1a1 198.2aiition. Cnnt.tct V.uu.c1u Pc::nn 5 misceUnneous MAILING I NFO RMATION Ple-3SC$end c.:l.1s1ifi~ '-'<>pYan d p.2v 111C1lt NATIONAL LAW FIRM 0ttk.<10 merge ta ; with proflublc, small (l to J member) Jxuonvilk bw ftnn mg;agcd pnmanly m The ALtlnnu U\\}cr O...Silicds romnlCl'C11.lla" '• administr.JU\Cb,v , and ci\'ll ro. Box 41<6 lirlg•non. 0,nfidcnci.t. Send inquirit,$ co Montgomery. Al 16101 K. A. O'Brien, 1.+00 r•icrc( S1T«t, Sioux C'Jty, lllWQ SIIO.I, Bar Briefs Conrimwf from pnge 2JI------ et cetera caJJcdupon (0 ratify a ocw Harrison, Hon. Conrad M. fowler, Constitution they oced to koow 111omas A. Johnston m, George C. et cetera what's in it." Hawk.ins, John P. Adams, Rol'.x:rr H. Hairston said he expected the rcporr Harris, Richard S. Manley, H. Harold to be released in mid-October. The Stephens, Joseph H. Johnson, Jr., J. et cetera members appointed ro d1c cask force l'eU1am Ferrell, Ernest C. HornsbJ, include: Harold F. Hc.rring Louis B. Lusk, Charles D. Cole, Jani.-s (chaim1an), Yetta G. Samford, Jr. Jerry Wood, John P. Kohn, Champ et cetera (vice chainnan), Lawrence Dumas, Jr., Lyons, Jr. and W. Ryan et cetera Joseph F. Johnston, Dean M. Leigh dcGraffcnricd. et cetera On July 1, 1983, cbe Alabama State Bar discount on chc AVIS et cetera RENT -A-CAR "We Mean Business" unlimited mileage rates was in et cetera creased to 22% . et cetera The following attorneys admitted to the bar in Spring l 983 were not et cetera listed in chc July issue of The Alabama Lawyer:R obert Lee Aldridge, Bim1ingham; Deborah Pauletta And1ony, Montgomery ; Paul Steven et cetera D rake, Tuscaloosa ; ,u,d James Lynwood Kessler IT, Binningham. et cetera Congratulations! et cetera CLE compliance forms for 1983 are being mailed this month. If you et cetera do not receive yours by die end of the mond1, you may request one by et cetera calling (205) 269. 1;15 or writing to meMCLE Commission, P. 0. et cetera Box 671 , Montgomery , Alabama 36 lO I . et cetera Believe it or not, binders ro hold your Alabam11Lmvyer arc still et cetera available. The Alabama Lawyer binders are attractive-made of imita tion leather widl gold imprinting; durab le- will keep d1eLa11,,c,·acces et cetera sible while storing one year's issues; and mere is a dear pocket on the et cetera spine for labeling year and volw11e.Order today. et cetera The Afab~~;-L;~;~------1 P. 0 . Bolr +156 I et cetera Montgomery, AL.36101 et cetera D Pleasecmcr my order for Alabama Lawyerbinders @ $6.50 each 1 et cetera and send to the address below. My check in paymcm is enclosed. [ NAi\1£ ------I I et cetera I I I I et cetera CITY I I I et cetera l______STATE·------ZIP ------j LEGAL PRINTING ~ Legal and Financial Printers Since 1910 Experienced, Dependable , Responsible , Confidential Prospectuses, Proxy Statements, Official Statements, Tender Offers, Indentures and Briefs BIRMINGHAM PUBLISHING COMPANY 130 South 19th Street Birmingham , Alabama 35233 Telephone: 205/251-5113 Contact: Harold Fulton, Vice President UPCOMING {;)1.,~Alabania Non-Profit Organization U. S. POSTAGE 1983 PAID r:ryer PermitNo . 125 Montgomery, Ala 36104 Octobe<3 Opanlng ol Courts Ceremony , Montgomery October 7 Board of Commissio ners Meeting, Montgomery 1984 February 8-15 ABA Midyear Mee ting, Las Vegas MON Proving Current Opgning of Estate David Diminished Developments, Courts Planning, Epsteinon Earning Power . Dothan (A81CLE) Ceremony, Birm~am Bankruptcy , Tuscaloosa Montgomery (CIC Birmingham (A81CLE) (TILA). Part 1 Employee Benefits, Boa!d ol Mobile (MBA) Commissioners Meeting, Montgomery THURS 22 FRI 23 THURS FRI 14 THURS 20 FRI 21 Current Current Current Limlled Parmershlps, Proving Real Estate, Developments , Developmenls, Oovelopments. Bi1mingham (C ICLE) Diminished Montgomery (ABICLE) Hun tsville Birrnlng ham(ABICLE) Mobile (A81CLE) EarningPower . Proposed ABA (ABICLE) Alabama Defense Tuscaloosa Code of Professional Age, Raco Medica l l.awye FRI 11 THURS TEfRA Changes Appe llate Appellate andPension Practice, Practice, and Profit Montgomery Birmingham (ABICLE) Shartng Ptans, (ABICLE) Birmingham Alabama (CICLI:) SurnmatiOC'l Probate Code. and Argument: Birmingham (BBA) Tho Koy lo an Adequate Award, Real Estate, Tuscaloosa (TTLA) Birmingham (CtCLE) Pal11