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Original Legis- Thanks the Following Luncheon Certain Circumstances April 2004 Volume 9 Number 5 AAnnnnuuaall MMeeeettiinngg JJuunnee 1177-2-22200 OOrrllaannddoo,, FFlloorriiddaa S t a t e B a r o f G e o r g i a Local Bar Awards Attention! The Deadline is Friday, May 7, 2004, to submit your entry for the State Bar’s Local Bar Activity Awards. Administered by the Local Bar Activities Committee, the Form of entry Local Bar Activity Awards recognize excellence in local Send one copy of your entry to: Communications Department and circuit bar associations, and are presented to Local Bar Activities Committee winners at the State Bar’s Annual Meeting. Awards are State Bar of Georgia presented for the Bar year that begins July 1, 2003, and 104 Marietta St. NW, Suite 100 ends June 30, 2004, with an exception for the Law Day Atlanta, GA 30303 Award, which may be submitted for events in either Entries should be typewritten 2003 or 2004. (double-spaced) on letter paper (8.5 x 11). Photographs, news Eligibility and competition categories articles, programs, etc. are welcome Each local or circuit bar association is eligible to submit and encouraged. Please include: an entry. The following categories relating to name; address; president; number of membership size will be used in judging the Award of members; amount of dues; and Merit, Newsletter and Law Day Awards: person(s) responsible for entry ! Over 500 members preparation. ! 251 to 500 members ! 101 to 250 members ! 51 to 100 members ! Under 50 members Award categories ! Award of Merit For more information, visit the State ! Law Day Award Bar's Web site, www.gabar.org or ! The President’s Cup contact Bonne Cella, 229.387.0446 ! Best New Entry Award ! Newsletter Award or [email protected]; Tyler Jones, ! Excellence in Bar Leadership 404.527.8736 or [email protected] Thought. Protected. In today’s marketplace, managing and protecting intellectual property is critical for businesses wanting to stay ahead of the competition. Baker Donelson’s Intellectual Property Group, resident in the Firm’s Georgia office, has more than 100 years combined experience litigating and prosecuting intellectual prop- erty rights cases. We are uniquely suited to provide complete protection of IP rights with the support provided by an internationally recognized AM-Law 250 firm. For more information contact: Carl M. Davis at [email protected], or by phone at 678.406.8703. ALABAMA • GEORGIA • MISSISSIPPI • TENNESSEE • WASHINGTON, D.C.• BEIJING, CHINA Representative Office, BDBC International, LLC bakerdonelson.com This is an advertisement. Carl Davis is Chair of the Intellectual Property Group. He is located in the Atlanta office of Baker Donelson, Five Concourse Parkway, Suite 900, Atlanta, Georgia 30328. Phone 678.406.8700. © 2003 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC April 2004 Volume 9 Number 5 Legals 12 Theories of Stockbroker and Brokerage Firm Liability By Robert C. Port On the Cover 24 The Affirmative Action Debate Continues: The 2004 State Bar of Bakke and Its Progeny Revisited Georgia Annual Meeting will take place at the Portofino By Laverne Lewis Gaskins Bay Hotel in Orlando, Fla., June 17-20. The Portofino Bay Hotel is a stunning re-cre- Features ation of the seaside village of 34 Post-CCreation Checklist for Georgia Business Entities Portofino, Italy, complete By John J. Scroggin down to the cobblestone streets and sidewalk cafes. 41 Midyear Meeting Draws Record Number of Attendees By C. Tyler Jones 44 Lawyers Foundation of Georgia Winter Update By Lauren Larmer Barrett 47 Putting a CAP on Lawyer-CClient Misunderstandings By C. Tyler Jones Departments 52 In the Trenches with the First Amendment By C. Tyler Jones 4 Letter to the Editor 6 From the President 54 The Lowndes County Courthouse at Valdosta: 8 From the Executive Director The Grand Old Courthouses of Georgia By Wilber W. Caldwell 10 From the YLD President 56 It's About Time: An Overview of Part-TTime Policies 69 Bench & Bar and Practices in Atlanta Law Firms 73 Office of the General Counsel By Lynn M. Adam, Emily Hammond Meazell, 75 Lawyer Discipline and Lisa Vash Herman 77 Law Practice Management 65 Georgia Legal Services Campaign Donors 80 Pro Bono Publisher’s Statement 82 Section News The Georgia Bar Journal (ISSN-1085-1437) is published six times per year (bi-monthly) by the State Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, Georgia 30303. © State 85 In Memoriam Bar of Georgia 2004. One copy of each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to non-members. Single copies: $6. Periodicals postage 86 CLE Calendar paid in Atlanta, Georgia and additional mailing offices. Opinions and conclusions expressed in articles herein are those of the authors and not necessarily those of the 88 Notices Editorial Board, Communications Committee, Officers or Board of Governors of the State Bar of Georgia. Advertising rate card will be furnished upon request. Publishing of an 95 Classified Resources advertisement does not imply endorsement of any product or service offered. POSTMAS- TER: Send address changes to same address. Quick Dial Editorial Board Attorney Discipline (800) 334-6865 Rebecca Ann Hoelting ext. 720 Editor-in-Chief (404) 527-8720 Scott Fain Bertschi W. Fray McCormick Consumer Assistance Program (404) 527-8759 Conference Room Reservations (404) 527-8712 Bill Bost E. Peyton Nunez Fee Arbitration (404) 527-8750 Elizabeth Lee Branch Erick H. Rock CLE Transcripts (404) 527-8710 Erin Reynolds Chance Cynthia B. Smith Diversity Program (404) 527-8754 ETHICS Hotline (800) 682-9806 Charles Madden Cork III Robert R. Stubbs (404) 527-8741 Lynda Carney Crum Kristin H. West Georgia Bar Foundation/IOLTA (404) 588-2240 John Michael Gross Pamela Y. White-Colbert Georgia Bar Journal (404) 527-8736 Sarah Howard Lamar W. Scott Wright Lawyer Assistance Program (800) 327-9631 Lawyers Foundation of Georgia (404) 659-6867 Marcus David Liner Law Practice Management (404) 527-8772 Membership Records (404) 527-8777 Advisors Meetings Information (404) 527-8790 Pro Bono Project (404) 527-8763 Theodore Harris Davis Jr. Professionalism (404) 225-5040 D. Scott Murray Sections (404) 527-8774 Marisa Anne Pagnattaro Unauthorized Practice of Law (404) 527-8743 Young Lawyers Division (404) 527-8778 Editors Emeritus Manuscript Submissions Marisa Anne Pagnattaro, 01-02 L. Dale Owens, 87-89 The Georgia Bar Journal welcomes the submission of D. Scott Murray, 00-01 Donna G. Barwick, 86-87 unsolicited legal manuscripts on topics of interest to the William Wall Sapp, 99-00 James C. Gaulden Jr., 85-86 State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should be 10 to 12 pages, Theodore H. Davis Jr., 97-99 Jerry B. Blackstock, 84-85 double-spaced (including endnotes) and on letter-size L. Brett Lockwood, 95-97 Steven M. Collins, 82-84 paper. Citations should conform to A UNIFORM SYSTEM Stephanie B. Manis, 93-95 Walter M. Grant, 79-82 OF CITATION (17th ed. 2000). Please address unsolicited articles to: Rebecca Ann Hoelting, State Bar of Georgia, William L. Bost Jr., 91-93 Stephen E. Raville, 77-79 Communications Department, 104 Marietta St. NW, Charles R. Adams III, 89-91 Robert H. Walling, 75-77 Suite 100, Atlanta, Ga., 30303. Authors will be notified of the Editorial Board’s decision regarding publication. The Georgia Bar Journal welcomes the submission of Officers of the State Bar of Georgia news about local and circuit bar association happen- William D. Barwick President ings, Bar members, law firms and topics of interest to George Robert Reinhardt Jr. President-elect attorneys in Georgia. Please send news releases and other information to: C. Tyler Jones, Director of Robert D. Ingram Secretary Communications, 104 Marietta St. NW, Suite 100, J. Vincent Cook Treasurer Atlanta, Georgia 30303; phone: (404) 527-8736; James B. Durham Immediate Past President [email protected]. Andrew W. Jones YLD President Laurel P. Landon YLD President-elect Disabilities Derek J. White YLD Past President If you have a disability which requires printed materials in alternate formats, please contact the ADA coordinator at (404) 527-8700 or (800) 334-6865. Communications Committee Headquarters S. Kendall Butterworth Chairperson 104 Marietta St. NW, Suite 100 Aasia Mustakeem Vice-Chairperson Atlanta, GA 30303 (800) 334-6865 (404) 527-8700 FAX (404) 527-8717 Visit us on the Internet at www.gabar.org. Communications Staff South Georgia Office C. Tyler Jones Director 244 E. Second St. (31794) P.O. Box 1390, Sarah I. Bartleson Assistant Director Tifton, GA 31793-1390 (800) 330-0446 (912) 387-0446 Daniel L. Maguire Administrative Assistant FAX (912) 382-7435 Member Applauds Bar President’s Candor Editor section (a) or (b) of this section” [essentially, he February issue of the Georgia the right to vote] “the Attorney General may” [unfortunately not “shall” since the Attorney Bar Journal was particularly inter- General is not elected either] “institute for the esting—the articles on arbitration, United States, or in the name of the United T States, a civil action or other proper proceed- Zubulake, and standing orders will each ing for preventive relief, including an appli- cause changes for the better in the way I prac- cation for a permanent or temporary injunc- tion, restraining order, or other order.” tice law. It would seem now that the “intentional” letter to the bypassing of the citizens’ right to elect their However, the article by William D. judges is coming to an end, there is some Barwick (“Court Futures”) astounded me in panic: “if you haven’t noticed the decline
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