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August 2009 Volume 15 Number 1

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GBJ Legals 46 14 2009 Pipeline Features 14 Caught Between a Rock and a Mentoring Sessions by State Bar Hard Place: Invocation of the Diversity Sponsors Privilege Against by Marian Cover Dockery Self-Incrimination in Civil Cases by Aaron M. Danzig Departments and Edward A. Marshall 4 From the President 8 From the Executive Director GBJ Features 12 From the YLD President 22 50 Bench & Bar 22 Amelia Island Serves as Host 56 Office of the General Counsel to 2009 Annual Meeting by Jennifer R. Mason 58 Lawyer Discipline 60 Law Practice Management 30 34 62 South Georgia Office End of the Year Report by Jeffrey O. Bramlett 64 Pro Bono 68 Section News 34 72 Casemaker Cavan’s Program for the 2009-10 Bar Year 74 Writing Matters by Bryan M. Cavan 76 Professionalism Page 38 80 In Memoriam New President Ready to Listen 82 Book Reviews by Linton Johnson 86 CLE Calendar 42 88 Notices Former Chief Justice Receives 91 Classified Resources 42 State Bar of Georgia 92 Advertisers Index Distinguished Service Award by Derrick W. Stanley Melissa and Mike Cavan, Bryan Cheryl Chris Sean Cavan Jake, Chandler and Alex Cavan, Zach, Nicholas, Ashley Will Ratliff. 82 44 Lawyers Foundation of Georgia Returns to Amelia Island by Lauren Larmer Barrett (Back row, left to right) (Back row, (Front row, left to right) row, (Front Brent Ratliff. Brent Ratliff. Cover photo by www.hollyallain.com. Pictured on the cover is 2009-10 State Bar President Bryan M. Cavan along with his wife, three children and six Pictured on the cover is 2009-10 State Bar President grandchildren. “And Justice for All” 2009 State Bar Campaign for the Georgia Legal Services Program, Inc.

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Your gift will help low-income Georgians ﬁnd justice against wrongful evictions, abuse, consumer fraud, loss of beneﬁts, and many other life threatening problems. When they need a lawyer, Georgia Legal Services is there to help. Working together we can fulfill the promise of Justice for All. Please give.

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Give by credit card at www.glsp.org -or- www.gabar.org Thank You - Every Gift Counts! Benefactor’s Circle $2,500 or more Executive’s Circle $750-$1,499 Sustainer’s Circle $250-$499 President’s Circle $1,500 - $2,499 Leadership Circle $500-$749 Donor’s Circle $200-$249 Editorial Board Quick Dial Donald P. Boyle Jr. Attorney Discipline 800-334-6865 ext. 720 Editor-in-Chief 404-527-8720 Robert Henry Beer Patricia Irene Lee Consumer Assistance Program 404-527-8759 Erika Clarke Birg Hollie G. Manheimer Conference Room Reservations 404-527-8712 Fee Arbitration 404-527-8750 John Clay Bush Olivia Orza CLE Transcripts 404-527-8710 Clayton Owen Carmack Susan Lee Rutherford Diversity Program 404-527-8754 Charles Madden Cork III Hale Elijah Sheppard ETHICS Helpline 800-682-9806 Bridgette Eckerson Paul Gregory Sherman 404-527-8741 Georgia Bar Foundation/IOLTA 404-588-2240 Lynn Gavin Jack P. Smith III Georgia Bar Journal 404-527-8736 Robert Frederick Glass Robert R. Stubbs Lawyer Assistance Program 800-327-9631 Michelle J. Hirsch Kristin H. West Lawyers Foundation of Georgia 404-659-6867 Law Practice Management 404-527-8773 Rajesh Kini Pamela Y. White-Colbert Law-Related Education 404-527-8785 Membership Records 404-527-8777 Editors Emeritus Meetings Information 404-527-8790 Pro Bono Project 404-527-8763 Marcus D. Liner, 04-07 Charles R. Adams III, 89-91 Professionalism 404-225-5040 Rebecca Ann Hoelting, 02-04 L. Dale Owens, 87-89 Sections 404-527-8774 Unlicensed Practice of Law 404-526-8603 Marisa Anne Pagnattaro, 01-02 Donna G. Barwick, 86-87 Young Lawyers Division 404-527-8778 D. Scott Murray, 00-01 James C. Gaulden Jr., 85-86 William Wall Sapp, 99-00 Jerry B. Blackstock, 84-85 Manuscript Submissions The Georgia Bar Journal welcomes the submission of unso- Theodore H. Davis Jr., 97-99 Steven M. Collins, 82-84 licited legal manuscripts on topics of interest to the State Bar L. Brett Lockwood, 95-97 Walter M. Grant, 79-82 of Georgia or written by members of the State Bar of Georgia. Submissions should be 10 to 12 pages, double-spaced (includ- Stephanie B. Manis, 93-95 Stephen E. Raville, 77-79 ing endnotes) and on letter-size paper. Citations should conform to A UNIFORM SYSTEM OF CITATION (18th ed. 2005). William L. Bost Jr., 91-93 Please address unsolicited articles to: Donald P. Boyle Jr., State Bar of Georgia, Communications Department, 104 Marietta Officers of the State Bar of Georgia St. NW, Suite 100, Atlanta, GA 30303. Authors will be notified of the Editorial Board’s decision regarding publication. Bryan M. Cavan President The Georgia Bar Journal welcomes the submission of news S. Lester Tate III President-Elect about local and circuit bar association happenings, Bar Jeffrey O. Bramlett Immediate Past President members, law firms and topics of interest to attorneys in Georgia. Please send news releases and other information Kenneth J. Shigley Treasurer to: Sarah I. Coole, Director of Communications, 104 C. Wilson DuBose Secretary Marietta St. NW, Suite 100, Atlanta, GA 30303; phone: Amy V. Howell YLD President 404-527-8791; [email protected]. Michael G. Geffroy YLD President-Elect Disabilities Joshua C. Bell 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 Robert J. Kauffman Chair 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 800-334-6865, 404-527-8700, FAX 404-527-8717 Communications Staff Visit us on the Internet at www.gabar.org. Sarah I. Coole Director South Georgia Office Jennifer R. Mason Assistant Director 244 E. Second St. (31794) P.O. Box 1390 Tifton, GA 31793-1390 Derrick W. Stanley Section Liaison 800-330-0446, 229-387-0446, FAX 229-382-7435 Stephanie J. Wilson Administrative Assistant Coastal Georgia Office 18 E. Bay St. Savannah, GA 31401-1225 877-239-9910, 912-239-9910, FAX 912-239-9970 Publisher’s Statement The Georgia Bar Journal (ISSN-1085-1437) is published six times per year (February, April, June, August, October, December) with a special issue in November by the State Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, Georgia 30303. ©State Bar of Georgia 2009. 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 paid in The opinions expressed in the Georgia Bar Journal Atlanta, Georgia and additional mailing offices. Opinions and conclusions expressed in articles herein are those of the authors are those of the authors. The views expressed herein and not necessarily those of the Editorial Board, Communications Committee, Officers or Board of Governors of are not necessarily those of the State Bar of Georgia, the State Bar of Georgia. 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by Bryan M. Cavan

A Celebration of Professionalism

n my remarks to the Board of Governors at the Today, it is more important than ever that we strive to maintain the highest standards of professionalism in Annual Meeting (see page 34), the current eco- our daily conduct with our clients, our fellow lawyers and with the courts. nomic condition and its While certainly exacerbated I by the mounting financial pres- impact not only on the general “Today, it is more important sures on lawyers, this is by no means a concern that developed public, but also on judicial than ever that we strive to overnight. In his keynote address to a Florida State branch funding, the legal pro- maintain the highest University College of Law symposium in 1999, then-Yale Law fession in general and our State School Dean Anthony T. standards of professionalism Kronman concluded, “Our pro- Bar programs for this year, con- fession is now being remade in in our daily conduct with our the image of the market system, stituted a recurring theme. a system that itself needs the clients, our fellow lawyers integrating professionalism of I found a quote from a recent lawyers. But paradoxically, the New York Times article that was and with the courts.” more the legal profession is and still is especially haunting: recast in this image, the more it “The gentleman’s profession of the law is becoming a becomes just a business like any other, the more urgent- vestige of the past, removed enough from reality to be ly we appreciate the value of the very qualities this remembered, like phone booths or fedoras.” ‘paradigm shift’ seeks to expunge. Let us resolve to One thing that is most worrisome about the economy hold on to these qualities as long and as best we can.” and the struggle many lawyers are experiencing is the As we deal with the challenges of this year, it is most potential erosion of civility within our profession. appropriate that we not only celebrate the 20th

4 Georgia Bar Journal anniversary of the establishment of the Chief Justice’s Commission on Professionalism (the Commission) by the Supreme Court of Georgia to address similar concerns that existed in 1989, but that we reflect on the need for each of us to recommit ourselves to the princi- Attorney coaches ples espoused by the Commission. The primary charge the Commission received from the are needed Court was to ensure that the practice of law in this state remains a “high calling,” not “just a business for high school like any other,” enlisted in the service not only of the client, but of the public good as well. teams throughout For two decades now, the Commission has served as the institutional framework for sus- Georgia taining an environment that fosters professionalism in the legal community. Its membership is com- Serve as a mentor to a posed of Georgia lawyers, judges, law school professors and mem- team in your area and bers of the general public. In 1996, at the behest of then-Chief Justice make a positive impact in Robert Benham, the Commission adopted the following mission your community! statement: “The mission of the Chief Justice’s Commission on Professionalism is to support and CLE credit is available encourage lawyers to exercise the highest levels of professional for coaching a mock trial team! integrity in their relationships with their clients, other lawyers, the For more information on coaching a courts and the public and to fulfill team, contact the mock trial office their obligations to improve the law and the legal system and to before September 30 at 404-527- ensure access to that system.” 8779/800-334-6865 ext. 779 or Although this is an ongoing mis- [email protected]. sion, for which measures of accomplishment could be taken on an www.georgiamocktrial.org annual or perhaps even daily basis, the Commission’s worthwhile pur- Volunteer forms and a list of teams needing suit of such accomplishment has coaches may be found under the Attorney resulted in many prominent Volunteer section of the mock trial website. achievements over the last 20 years. They are listed in full on the State Bar website, but several are particularly noteworthy. Professionalism Continuing Legal Education The Commission approves and oversees more than 500 profession-

August 2009 5 alism CLE sessions per year and Bar. These awards, presented in to improve the law and our legal produces the curricula and materi- each of the state’s 10 judicial system, to make the law and our als for those sessions. The districts, appropriately recognize legal system available to all and to Commission expanded its focus to and enhance public awareness seek the common good through the include judicial professionalism by of exemplary contributions by representation of my clients. assisting the Institute of Bar members in the area of Continuing Judicial Education in community service. As we celebrate the Chief developing programs on profes- Justice’s Commission on Pro- sionalism for Georgia judges. Judicial District fessionalism’s 20 years of out- Professionalism Program standing service, I encourage you Law School Programs to carefully consider what profes- In 1993, the Commission joined (JDPP) sionalism means to you in your the State Bar’s Professionalism The JDPP provides a vehicle for representation of your clients, Committee to develop a program of promoting the traditions of civili- your relationships with your col- Orientations on Professionalism ty and professionalism at the local leagues, your responsibilities as that now reaches more than 800 level, aimed directly at improving an officer of the court and your first-year students at Georgia’s five the profession and bolstering pub- place as a community leader and law schools. Approximately 200 lic confidence in the legal system. public servant. lawyers and judges volunteer as The JDPP is charged with the “I have concluded that profes- group leaders for the orientations, responsibility of confidentially sionalism, in a legal sense, is to a which have since been expanded to receiving inquiries and attempt- great extent practicing the golden reach second- and third-year law ing to resolve cases of unprofes- rule,” explains former Chief students as well. An annual Law sional conduct on the part of Justice Norman S. Fletcher, this School Symposium on Ethics and lawyers and judges. year’s recipient of both the Chief Professionalism in the Practice of Justice Thomas O. Marshall Law is held at each law school in A Lawyers Creed Professionalism Award and the Georgia on a rotating basis. “A Lawyer’s Creed,” devel- State Bar’s Distinguished Service oped by the Commission, is Award. “It is not ‘do my opponent Mentoring Programs well worth repeating on this in before my opponent does me The Commission developed a special anniversary: in,’ but rather, it is ‘do unto your Mentoring Program in which sea- fellow attorneys, the judges and soned lawyers volunteer to serve as To my clients, I offer faithful- society as you would have them mentors for Georgia students ness, competence, diligence and do unto you.’” throughout their law school good judgment. I will strive to If we are successful in simply careers. Students are able to learn represent you as I would want to meeting that standard, I am confi- from Bar members practical lessons be represented and to be worthy of dent the “gentleman’s profession that are not always available to your trust. of the law” will not only make it them in the traditional academic To the opposing parties and their through these difficult economic setting. The Commission also counsel, I offer fairness, integrity times but also long outlive both the assists the State Bar’s Young and civility. I will seek reconcilia- phone booth and the fedora. Lawyers Division and other groups tion and, if we fail, I will strive to in implementing lawyer-to-lawyer make our dispute a dignified one. Bryan M. Cavan is the president mentoring programs and oversees To the courts, and other tri- of the State Bar of Georgia and our highly successful Transition bunals, and to those who assist can be reached at into Law Practice Program. them, I offer respect, candor and [email protected]. courtesy. I will strive to do honor Community to the search for justice. and Public Service To my colleagues in the practice of law, I offer concern for your wel- For more information To encourage more lawyers to fare. I will strive to make our asso- on the Chief Justice’s participate in positions of commu- ciation a professional friendship. nity leadership and public service, To the profession, I offer assis- Commission on the Commission created a tance. I will strive to keep our Professionalism, visit Community Service Task Force, business a profession and our pro- www.gabar.org/ which in turn established the fession a calling in the spirit of Justice Robert Benham Annual public service. related_organizations Awards for Community Service in To the public and our systems of partnership with the State justice, I offer service. I will strive

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by Cliff Brashier

An Inauspicious Start to a Distinguished Career

y any measure, the legal career of Judge “memory I cherish, an experience of making lemonade out of lemons.” Irwin W. Stolz Jr. has been one of accom- Early in his career in LaFayette, he attended a meeting of the Lookout Mountain Circuit Bar Association. plishment and distinction, spanning more The discussion turned to the issue of creating a unified B state bar, a most unpopular subject in rural Georgia at than 50 years and including the time. “Someone said we ought service as president of the to have a vote on this,” Stolz “I credit that impeachment recalls. “After some very State Bar of Georgia (1970- strong appeals against the with leading to my election as organized bar, the vote was 71) and as a member of the 24 to 4 against. I was one of president of the State Bar and the only four who voted for Court of Appeals of the organized bar.” later becoming a member of A year or so later, a Georgia (1972-77), among Lookout Mountain Circuit seat on the Board of numerous other positions the Court of Appeals.” Governors of the Georgia Bar Association became of leadership and influence. vacant. At a local bar For Stolz, these achievements followed a historical- meeting, volunteers were ly inauspicious beginning in State Bar leadership sought to fill the position. when, as a young whippersnapper in the early 1960s, “No one else raised their hand, so I said I would do he became the first and only member impeached from it,” Stolz remembers. “At one of my first meetings, his position on the Board of Governors.1 He recounts the Board was considering resolutions regarding the that event not as a traumatic spirit-breaker but as a creation of a mandatory state bar. I was always one of

8 Georgia Bar Journal the nice young men, sitting in the back of the room. I always raised my hand in support of the organized bar, even though it was unusual for any rural members to be willing to do so.” In 1964, the State Bar of Georgia came into exis- tence as a unified organization, much to the chagrin of a majority of Lookout Mountain Circuit lawyers, who felt their big-city counterparts didn’t understand the way things worked out in the country and feared the “bar police” would always be looking over their shoulders. They decided to take out their frustration on their young colleague who supported the move. “One lawyer said I was voting against the wishes of the circuit and made a motion to remove me as a member of the Board of Governors,” Stolz recalls. “Some of the members were obviously embarrassed over this, but it was clear some background work had been done. The first vote was a tie, but they took another vote, and I was impeached. “Then they had an election to fill the vacancy, and I lost by two votes. I wrote Madrid Williams, who was executive director of the State Bar, and told her I was no longer the Lookout Mountain Circuit’s representative Ideal for Attorneys: on the board. Over the next six months, I started getting a lot of attention because of this development.” Stolz’s hiatus from the board turned out to be short- Conference Rooms lived. The following year, the state legislature created a With an Hourly Billing Rate. second Superior Court judgeship in the Lookout Mountain Circuit, thereby entitling the circuit to another seat on the Board of Governors, to be appointed by A la Carte Offices & Conference Rooms President Will Ed Smith of Eastman. The appointment went to Irwin Stolz. Complete Receptionist Services “He told me I had to do my best to hang on to the seat Mediation and Deposition Rooms this time,” he remembers, “and I agreed that I would.” The notoriety from his previous experience made Prestigious Business Address Stolz something of a martyr in the State Bar hierarchy. He began to pick up plum committee assignments and Copy, Scan, Fax, Internet Access soon found himself on the leadership fast track. Package Receipt “I credit that impeachment with leading to my election as president of the State Bar and later Notary and Witnessing becoming a member of the Court of Appeals,” he says today. “I got a level of visibility that I would not Private Locked Mailboxes have had otherwise. A couple of members who had voted against me later told me they were rather sorry 24-Hour Access to Offices they had done what they had done. It was a positive thing for me once anyone found out about it. Who knows the course that life would have taken without that experience?” Following his service on the court, he went into private practice, with an emphasis in civil litigation, and he served as vice president of the Georgia Trial Lawyers Association in 1988-90. He is now a partner with Lewis, Stolz, Hurt, Frierson & Grayson, LLP, in Athens. He and his wife, Mary Bell, have four children For more information or to schedule a tour and eight grandchildren. Outside the courtroom, he is of our Roswell or Atlanta location, at least equally proficient in the swimming pool—hold- call 678-353-3200 or visit www.ioatlanta.com. ing at one time or another more than 40 Georgia

August 2009 9 betray the trust “These things are not done in a placed in them year,” he said. “They take a suc- by the Bar and cession of presidents with the the public. same goals. After you become “Being presi- aware of a problem and are dent of an organi- exposed to the consequences of zation that con- that problem and have the oppor- sists of all of the tunity to participate in developing lawyers in the and implementing the proposed state gives you a solutions, it does have an effect of level of credibility providing continuity in the goals in the business, of the Bar. social and legal “It may be an idea that is initial- communities that ly advanced by one president, but is hard to evaluate if it’s going to have any chance of in a negative way. succeeding, it’s got to be support- When the presi- ed by the Executive Committee dent of the State and the Board of Governors and Bar goes to the the various other steps it has to go Legislature and through. Ultimately, any far-reach- says ‘this is a good ing change has to be approved by bill,’ or ‘this is the Supreme Court or the a bad bill’ or ‘this Legislature and the governor. So bill needs to you’ve got to have a lot of merit be altered,’ the behind your proposal.” Legislature will Judge Irwin Stolz looks back on listen because his vote for a unified State Bar they know he or without regret. “If you were to take she represents all a vote today on whether the organ- of the lawyers in ized bar is serving its purposes, it the state and does would be a resoundingly positive not have a particu- outcome,” he concluded. lar ax to grind.” And of the temporary conse- Hon. Irwin W. Stoltz Jr., President, State Bar of Georgia 1970-71. Stolz says the quences he suffered because of Bar’s continued that vote, “I have absolutely no bit- Masters Swimming records and support was cru- terness or animosity. I view it as competing at a global level in cial in the lengthy struggle to create one of the nicest things that ever world championships in Germany, and maintain a statewide, state- happened to me.” New Zealand and Italy. financed indigent defense system, In addition to personal vindica- a concept he first proposed during Cliff Brashier is the executive tion from his initial experience on his presidency. director of the State Bar of the Board of Governors, Stolz “It was not and still is not a pop- Georgia and can be reached at says his vote in favor of a unified ular program, but it is a necessity,” [email protected]. State Bar was the right thing to he said. “I called for it, and we con- do, and the past 45 years have tinued to push for it for six or seven Endnote proven that. years before we were told we’d bet- “The organized bar did not turn ter let it cool off for a while, and we 1. I’ve known Judge Stolz’s won- out to be the ogre that had been did. Only in recent years was it derful impeachment story for represented by its opponents. picked up again when there was a years. Having often repeated it, Their fears were unfounded,” realization it was something we I discovered that almost no one Stolz says. “It has been nothing had to have.” has heard it. Their usual ques- but a good thing for the lawyers Indigent defense is like most tion upon hearing it is, “Can the circuit really do that?” And of Georgia. Two cornerstones initiatives of a unified Bar, according to Judge Stolz. They my reply is, “I don’t know, but of the Bar are being able to they did!” I hope you agree that don’t come to fruition overnight, provide the least expensive it is well-worth preserving Continuing Legal Education pro- and they don’t happen without through this issue of the Georgia gram in the country and a system widespread support throughout Bar Journal. of discipline for lawyers who the membership.

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by Amy V. Howell Turning Challenges Into Opportunities

tepping into the role of president of the with a combined class of fourth- and fifth-graders, which included both special needs and gifted stu- Young Lawyers Division, I am honored to dents, arose when two teachers resigned in the middle of the school year. Undaunted by my lack of official have the opportunity to lead an organization qualifications, and fueled with sheer determination, I S applied my English major skills (honed earning the whose members give so gener- degree everyone asked what I’d do with) and read every- ously of their time and talents thing I could learn about pri- “Now more than ever, new mary education. Every day in for the betterment of the legal the classroom presented a new and young lawyers need set of surprises, challenges profession and the communi- and successes. similar opportunities to start Only months into my new ties in which we live and serve. career as an educator, I was their careers—opportunities to accepted into law school. The My own experience, both timing was both personally and professionally awkward, as I before becoming a member of gain valuable skills and to give had only just begun to make positive progress with several of the bar and after having joined back to their communities.” my students, and I didn’t want to be another teacher to aban- our honorable profession, has don the class. After careful reflection, I chose to defer law school and see my students shown me how supporting those who are entering the through to graduation. Although it was a tough decision to make, it ultimately provided the most challenging and practice of law, as well as those who are affected by law, rewarding work experience I had yet encountered. On a larger scale, this experience helped me to realize that my has a meaningful impact on all involved. students represented the many children throughout the country facing similar challenges. Ultimately, while I rel- After completing my undergraduate degree at ished teaching each individual student, I knew that I Connecticut College, I secured my first “real” job—a wanted to use a legal degree to make a broader impact. teaching position in Raleigh, N.C.—out of my good During my second year of law school, I was fortunate luck and others’ desperation. The opportunity to work to find a public interest summer internship in child advo-

12 Georgia Bar Journal cacy in Cartersville. Although I mission of serving both the profes- families during the coming year, I grew up in New York and, at the sion and the public. The Summer thought about the simple reason time, had absolutely no personal ties Public Internship Program exempli- that many of us became lawyers in to Georgia, I was thrilled to find an fies YLD service throughout our the first place: to help others. I am excellent learning opportunity that state, and it reflects two of my three confident that, through hard work also included a paid stipend. I was goals for the YLD this year: (1) cre- and sincere spirit, the YLD can turn placed with Bartow County Juvenile ating innovative programs and these challenges into opportunities Court Judge Velma Tilley, a judge projects; (2) promoting the leader- and achieve great success. I look who has both an intellectual respect ship of young lawyers; and (3) sup- forward to working with the YLD and a personal fondness for the law porting children and families. and all members of the Bar to and took the time to cultivate the As many of us know all too well, achieve these goals. same in me. That summer, I wit- the current economic climate pres- nessed the law in action, intimately ents unique challenges within the Amy V. Howell is the president observing the difficult decisions that legal community. We don’t need a of the Young Lawyers Division of juvenile court judges face every day. legal degree to recognize that our the State Bar of Georgia and can In the process, I became familiar country’s economic woes have had be reached at with Georgia’s courts and agencies a significant impact on all [email protected]. and forged professional connections Americans, making it even harder with leaders in Georgia’s child to maintain a career and support a advocacy community. family seamlessly. We see individ- I feel fortunate to have had the uals and families dealing with the opportunity to spend that summer pressures of job loss, pay cuts, in North Georgia. Not only was bankruptcies and foreclosures, as Casemaker 2.1 everyone I encountered helpful well as dwindling savings, pen- is now available! and supportive, the assignment sions and retirement plans, all the provided me a chance to witness while seeking to support them- first-hand the legal communities of selves and their families. In today’s Be Sure diverse areas of our state. That part challenging times, everyone and to take advantage of the experience has been invalu- everything can seem vulnerable. able to me in my current position Accordingly, this year, in addi- as the deputy commissioner of tion to supporting the develop- Of This administration for the Department ment of young lawyers, the YLD updated of Juvenile Justice. I carry a deep also will support children and fam- admiration for the entire legal com- ilies. I have charged each of our 26 munity in Bartow County for the committees to identify meaningful Member time and energy they gave to my efforts that we can take to support development and growth as a and engage this theme for the year. Benefit lawyer. My experience that sum- And, we’re already off to a running mer was more than another learn- start. In addition to the Summer ing opportunity, it initiated my Public Interest Internships, we legal career in Georgia. have created a Parents and Log On At Now more than ever, new and Caregivers in the Profession www.gabar.org young lawyers need similar Committee to provide networking opportunities to start their and CLE opportunities that are careers—opportunities to gain family friendly and provide attor- For More valuable skills and to give back to neys a forum in which to address information and their communities. their common challenges. In keep- This year, the YLD will initiate ing with this initiative, and an the YLD Summer Public Interest effort to ensure statewide service, To Access Internship Program. Starting in the each of the 43 members of the YLD summer of 2010, this program will Executive Council have been Georgia’s online support internships with a paid charged to develop and implement stipend for work in public service a service project in their judicial areas such as the judiciary, prosecu- district or local communities sup- Law tion, defense and not-for-profit porting our “Children and organizations. The summer intern- Families” theme. Library ship is one of several new and ongo- In reflecting on how the YLD can ing programs that honor the YLD’s help our peers and other Georgia

August 2009 13 A Look at the Law

Caught Between a Rock and a Hard Place: Invocation of the Privilege Against Self-Incrimination in Civil Cases by Aaron M. Danzig and Edward A. Marshall

“[N]or shall [any person] be compelled in any criminal case to be a witness against himself . . . .”1 “No person shall be compelled to give testimony tending in any manner to be self-incriminating.”2 “No party or witness shall be required to testify as to any matter which may criminate or tend to criminate himself or which shall tend to bring infamy, disgrace, or public contempt upon himself or any member of his family.”3

he Fifth Amendment is one of the bedrock

principles of the American criminal justice T system. It prevents an accused from being forced to provide evidence against himself in a criminal prosecution and also prevents the prosecution from commenting on the accused’s refusal to testify.4 The

Fifth Amendment’s impact on the judicial process, however, extends beyond the purely criminal proceeding.

In a civil suit, a witness or party may refuse to answer questions posed at trial or in discovery by invoking the Fifth Amendment right against self- incrimination.5 The Fifth Amendment

not only protects the individual against being involuntarily called as a witness against himself in a criminal prosecution but also privileges him not to answer official questions put to him in any

14 Georgia Bar Journal other proceeding, civil or The Fifth Amendment ing in any manner to be self-incrim- criminal, formal or informal, In both federal and state pro- inating.”14 A review of case law where the answers might ceedings, the Fifth Amendment shows the federal and state consti- incriminate him in future creates a privilege to decline to tutional privileges to be largely, if criminal proceedings.6 respond to certain inquiries where not entirely, coterminous. the response would provide a link The Georgia Code, however, Invocation of the Fifth in the chain of evidence needed to provides a more expansive cata- Amendment in civil proceedings, prosecute an individual for a logue of grounds upon which a however, is not without its crime.8 It is not required that the civil litigant may refrain from pro- adverse consequences. Indeed, witness’s response would itself viding testimony. In particular, there are very real ramifications necessarily sustain a criminal con- O.C.G.A. § 24-9-27(a) provides that for a civil litigant who elects to viction. That is, the “privilege “[n]o party or witness shall be exercise that right.7 against self-incrimination extends required to testify as to any matter Civil litigators should be famil- not only to those answers that which may criminate or tend to iar with the application of the Fifth would in themselves support a criminate himself or which shall tend Amendment and its Georgia coun- conviction, but also to answers cre- to bring infamy, disgrace or public terparts to civil cases in order to ating a ‘real and appreciable’ dan- contempt upon himself or any member counsel their clients effectively on ger of establishing a link in the of his family.”15 Subsection (b) of the the risks and benefits of testifying chain of evidence needed to prose- statute also provides that, outside or invoking the privilege. cute.”9 Having said that, “[t]he the realm of post-judgment discov- Likewise, opposing counsel must privilege applies only in ‘instances ery, “no party or witness shall be be aware of avenues to attack a wit- where the witness has reasonable required to testify as to any matter ness’s invocation of the Fifth cause to apprehend danger’ of which shall tend to work a forfei- Amendment or its Georgia ana- criminal liability.”10 An unrealistic ture of his estate.”16 logues, including attempting to fear of criminal prosecution, for These code sections have overcome the invocation, moving example, in circumstances in enjoyed limited development by to strike the witness’s testimony which the statute of limitations the Georgia courts, but the author- and seeking an adverse inference would necessarily bar prosecution, ity that exists cuts significant against the invoking party. will not sustain the invocation of inroads into the statute’s ostensibly Toward these ends, this article the privilege. expansive scope. explores federal and Georgia case It is important to note that the The courts have construed the law on the following topics: Fifth Amendment privilege is a privileges narrowly. Despite statu- personal one; there is no Fifth tory language that would seem to 1. When the Fifth Amendment Amendment privilege for corpora- suggest to the contrary, the privi- and its Georgia analogues tions.11 Thus, “[a] corporate officer lege protecting a witness from dis- apply; may not withhold testimony or closing disgraceful facts applies 2. Asserting the privilege; documents on the ground that the only if “[t]he facts . . . directly 3. Opposing assertion of the corporation would be incriminated. involve disgrace and [do] not . . . privilege; Nor may the custodian of corpo- merely tend[ ] to disgrace indirect- 4. Seeking a stay of proceed- rate books or records withhold ly.”17 In addition, the privilege ings; them on the ground that he person- against disgrace can only be 5. Seeking the adverse infer- ally might be incriminated by their invoked when the testimony ence; and production.”12 The custodian of sought by the questioner is not 6. The application of the records, however, may be entitled material to the action, but instead adverse inference in the corpo- to “act of production” immunity operates to affect the witness’s rate context. such that, if there were a later pros- credibility. Stated differently, “it is ecution of the custodian, the fact only where the proposed answer Does the Privilege that the custodian of records for the has no effect on the case except to Apply? corporation was the individual impair the witness’ credibility that who produced the records could the witness may fall back on the The threshold question that an not be disclosed to the jury.13 privilege.”18 Additionally, only the attorney must be prepared to witness herself may invoke the answer in evaluating the invoca- The Georgia Analogues privilege; an objection by a family tion of the self-incrimination privi- to the Fifth Amendment member that testimony would lege is whether the privilege The Georgia Constitution, loose- bring disgrace upon him is neces- applies to the relevant questioning, ly parroting the Fifth Amendment, sarily ineffectual.19 be it in trial, deposition or other provides that “[n]o person shall be The threshold for invoking the civil discovery. compelled to give testimony tend- privilege against testimony that

August 2009 15 would lead to the forfeiture of an other than self-incrimination may why it cannot be answered estate is likewise quite high. It is preclude the later invocation of the might be dangerous because not, for example, impermissible to privilege if the initial objection is injurious disclosure could compel a witness to testify even if overruled by the trial court.28 result. The trial judge in the testimony elicited would cause appraising the claim “must be him to lose his job or result in the Opposing Assertion governed as much by his per- inability of the witness to earn a of the Privilege sonal perception of the peculi- living in a particular profession.20 arities of the case as by the facts Invocation of these statutory The witness is not the final actually in evidence.”35 privileges is not without disadvan- arbiter of the propriety of tageous consequences. As in the the invocation of the Fifth Due to this difficulty in over- context of the Fifth Amendment, an Amendment. Rather, the court coming a witness’s invocation of adverse inference may be drawn determines whether the privilege the privilege, opposing counsel against a civil litigant invoking the applies.29 “The witness is not should diligently inquire into the privileges provided by O.C.G.A. exonerated from answering mere- precise areas in which the privilege § 24-9-27.21 ly because he declares that in so is being claimed by the adverse doing he would incriminate him- witness or litigant. Such question- Asserting the Privilege self—his say-so does not of itself ing is essential to lay the ground- To borrow from recent political establish the hazard of incrimina- work for a motion to compel if parlance, the Fifth Amendment tion. It is for the court to say there is no legitimate basis for operates as a scalpel, not a hatchet. whether his silence is justified.”30 asserting the privilege—that is, if “There is no blanket Fifth Georgia law is similar.31 The no “real and appreciable” risk of Amendment right to refuse to applicable standard is set forth in incrimination exists. answer questions in civil proceed- the oft-cited case of Mallin v. With the appropriate record, the ings.”22 Instead, “the privilege Mallin,32 in which the Supreme Georgia courts have exhibited a must be specifically claimed on a Court of Georgia held that, if the willingness to reject a witness’s particular question.”23 “The feder- questioning of a witness does not attempted invocation of the privi- al courts have held that where a tend to incriminate as a matter of lege against self-incrimination.36 party invokes the privilege against law, then the court must then In Petty v. Chrysler Credit Corp.,37 self-incrimination in discovery determine whether the witness’s for example, the Court of Appeals matters, he may not make a blanket answers could incriminate the wit- of Georgia affirmed a state court refusal to answer all questions, but ness. If so, the decision on whether order directing a defendant to must specifically respond to every the answer might incriminate must answer post-judgment interroga- question, raising the privilege in be left to the witness. If the witness tories, holding that the defendant each instance he determines neces- then says under oath that his could not shield himself from sary.”24 Georgia law holds like- answer would incriminate him, answering by claiming that all wise.25 Accordingly, a witness or “the court can demand no other such questions may tend to party seeking to invoke his self- testimony of the fact.”33 incriminate him. The Court in incrimination privilege in a deposi- Although the court remains the Petty stated: tion or other proceeding must do ultimate arbiter of the propriety of so on a question-by-question basis. the privilege’s invocation, it would This court has held that neither The individual claiming the be wrong to assume that the wit- the discretion of the trial court privilege has the burden “to state ness’s invocation of the privilege is nor the defendant is absolute in the general reason for his refusal easily overcome. As the U.S. determining whether answer- to answer and to specifically Supreme Court has stated, it must ing such interrogatories would establish that ‘a real danger of be “perfectly clear, from a careful work the harm claimed by the incrimination exist[s] with respect consideration of all the circum- defendant, but “[w]hat is to each question.’”26 stances in the case, that the witness impermissible is that the defen- Invocation of the privilege must is mistaken, and that the answer[s] dant merely slide out of his be timely. That is, it must be made cannot possibly have such tendency obligations by a brash assertion at the time that the party refuses to to incriminate.”34 That is, that any and all questions answer pertinent questions. A later directed to him would tend to assertion of the privilege against [t]o sustain the privilege, it incriminate him, regardless of self-incrimination may be insuffi- need only be evident from the the likelihood of such result.”38 cient to shield the incriminating implications of the question, in statements from discovery.27 the setting in which it is asked, In Begner v. State Ethics Likewise, an objection to respond- that a responsive answer to the Commission,39 the Court of ing to certain inquiries on grounds question or an explanation of Appeals of Georgia vacated a trial

16 Georgia Bar Journal court’s decision to hold a witness remove the risk of incrimination.) the particular circumstances and (an attorney) in contempt for Also, if the statute of limitations has competing interests involved in refusing to disclose the identity of run for the possible criminal the case.”42 a client who had made an anony- offense, the witness could testify When considering whether to mous campaign contribution, rul- about that subject matter without grant a stay of civil litigation in the ing that the trial court must under- fear of incrimination. Thus, counsel face of current or imminent crimi- take a preliminary inquiry to should carefully consider all such nal prosecution, courts consider determine whether the proposed avenues of attack before accepting the following factors: questions posed to the witness a witness’s attempted invocation of could be incriminating.40 the privilege. 1. The extent to which the Opposing counsel is not limited issues in the criminal case to challenging the witness’s con- Seeking a Stay overlap with those in the civil tention that the activities into which of Civil Proceedings case; counsel is inquiring may implicate 2. The status of the criminal substantive criminal law. There are Rather than assert a Fifth case; other avenues to oppose a witness’s Amendment privilege in response 3. The private interests of the invocation of his Fifth Amendment to discovery requests or deposition plaintiffs in proceeding expe- privilege in response to a deposi- questioning, a party may seek a ditiously with civil litigation tion question or other discovery. stay of civil proceedings pending weighed against the prejudice For example, if the witness previ- resolution of a criminal investiga- to the plaintiffs if civil litiga- ously received a grant of immunity tion. Granting a stay is in the tion is delayed; from the government related to the court’s discretion,41 and a court 4. The private interests of and possible criminal conduct, he must balance the interests of the burden on the defendants; would not have a “real and appre- party requesting a stay with preju- 5. The interests of the courts; ciable danger” of incrimination. (Of dice to the interests of the other and course, prosecutions can be side. Courts should review a 6. The public interest.43 brought in multiple jurisdictions, so motion to stay civil proceedings a grant of immunity from one juris- pending the completion of a paral- These factors must be balanced diction may not be sufficient to lel criminal proceeding “in light of on a case-by-case basis.44

August 2009 17 Granting a stay of discovery We think it is clear that no does not necessarily mean that party where a party is required to inference of guilt can be drawn will suffer defeat. If no other evi- defend a civil suit involving the from a privileged refusal to tes- dence is put forth to support the same matter as a criminal investi- tify in a criminal case nor can facts at issue, then the adverse infer- gation or indictment may be the exercise of the privilege in a ence alone is insufficient to sustain appropriate in light of the risk of civil case be used in a subse- summary judgment. In LaSalle Bank impairing the party’s Fifth quent criminal case against the Lake View v. Seguban,54 for example, Amendment rights.45 A pending party. However, these cited the U.S. Court of Appeals for the 7th indictment, however, is not a nec- Georgia cases do not hold that Circuit reversed a ruling of summa- essary predicate for a stay. Indeed, it is impermissible to draw an ry judgment in favor of plaintiff several courts have deemed a stay unfavorable inference in a civil bank in a civil RICO action where appropriate in the face of an active case from the privileged the trial court had found that no criminal investigation, even in the refusal to testify in that case. genuine issue of material fact existed absence of an indictment.46 As There is considerable authority solely on the adverse inferences that explained recently by one federal that such an inference can be it drew from defendants’ invocation court, “[t]he exercise of the drawn in civil cases.... of their Fifth Amendment rights.55 Defendant’s Fifth Amendment Finally, a defendant who Rights should not be made ... invokes his privilege against self- unnecessarily costly.”47 incrimination in response to dis- That being said, the Constitution We think the correct view . . . covery requests should not then be does not demand that a litigant be [is] that[,] although a person allowed to testify at trial on matters freed from difficult choices. It is not does have a right to invoke the pertaining to those discovery unconstitutional for a civil defen- privilege in a civil case in order requests.56 Likewise, the federal dant to be forced to elect between to protect himself, when he courts have held that invocation of the negative inferences drawn from does so, an inference against the privilege may preclude a party his silence and his Fifth his interest may be drawn by from pursuing certain counter- Amendment privilege, and stays the factfinder. “Since the infer- claims and affirmative defenses.57 are not always granted.48 ence is irresistible and logical If, however, a party or witness A litigant faced with the poten- in such circumstances, the asserts the privilege and later the tial of inquiry into incriminating court may as a matter of law threat of criminal prosecution is circumstances should also consid- draw the inference. Such an lifted, then that party may seek to er other procedural mechanisms, inference is based upon an re-open discovery and testify. short of a stay, before invoking implied admission that a the privilege in civil proceedings. truthful answer would tend to The Adverse Inference in For example, a party may seek a prove that the witness had the Corporate Context protective order to prevent the committed the . . . act . . . . opposing party from seeking dis- The administration of justice As explained previously, corpo- covery on certain issues that may and the search for truth rations enjoy no privilege against implicate the party’s Fifth demands that an inference self-incrimination. Nevertheless, Amendment rights, even in cir- may be drawn that witness’ when a party-corporation’s employ- cumstances in which an outright testimony would be unfavor- ee or former employee invokes a stay would have been impossible able to him in a civil action in personal Fifth Amendment privi- to achieve.49 which the privilege is invoked lege on matters within the scope of to protect himself . . . .”52 his employment, the question aris- Seeking the Adverse es: What inference, if any, should be Inference Additional options are available drawn against the corporation as a if a non-party witness invokes the consequence of that invocation? Asserting the Fifth Amendment privilege. In that circumstance, in There is currently no uniform privilege in a civil proceeding may addition to moving for an adverse rule either mandating or disallow- come with a hefty price. Unlike in a inference, the opposing party may ing the application of an adverse criminal case, the opposing party move to strike the witness’s testi- inference against a company where in a civil case may seek an infer- mony on the grounds that the a corporation’s employees or former ence that, had the party answered opposing party would be preju- employees elect to invoke the the question, the answer would diced by being unable to cross- right against self-incrimination. have been adverse to that party’s examine the witness effectively.53 Although the weight of case law interests in the civil proceeding.50 Critically, having the adverse seems to lean in favor of authorizing In Simpson v. Simpson,51 the inference applied against a party, the jury to draw such an inference,58 Supreme Court of Georgia stated: although potentially devastating, there are cases holding otherwise.59

18 Georgia Bar Journal The prevailing trend among the general subject matter of the bility to any questions for which federal courts is to “eschew[ ] a litigation will likely inform the answer may create a real and mechanical approach to determin- the trial court whether the appreciable danger of establishing ing whether the jury may hold the assertion of the privilege a link in the chain of evidence employee’s silence against the should be viewed as akin needed to prosecute. employer.”60 Instead, the courts to testimony approaching Invocation of the privilege have taken a case-by-case admissibility under Fed. R. against self-incrimination in civil approach, analyzing the circum- Evid. 801(d)(2), and may proceedings is not absolute, how- stances present in a particular case accordingly be viewed . . . as ever, and not without serious con- to determine whether the witness’s a vicarious admission. sequences. Civil litigants or wit- relationship vis-à-vis the corpora- 3. The Compatibility of the nesses may be caught between the tion may permit the jury to draw an Interests of the Party and Non- proverbial rock and a hard place, adverse inference. One approach Party Witness in the Outcome of as they are faced with the difficult gaining prominence in the federal the Litigation: The trial court decision of whether to invoke their courts is that articulated by the U.S. should evaluate whether the right against self-incrimination and Court of Appeals for the 2nd non-party witness is prag- suffer an adverse inference against Circuit in LiButti v. United States,61 matically a noncaptioned them in the civil matter or choose wherein the court reasoned: party in interest and whether to testify and risk potential crimi- the assertion of the privilege nal exposure. In such instances, Although the issue of the advances the interests of both parties may seek a stay of the civil admissibility of a non-party’s the non-party witness and the proceedings, which is in the discre- invocation of the Fifth affected party in the outcome tion of the court, or possibly a pro- Amendment privilege against of the litigation. tective order preventing discovery self-incrimination in the course 4. The Role of the Non-Party on certain issues. If these avenues of civil litigation and the con- Witness in the Litigation: are foreclosed, the adverse infer- comitant drawing of adverse Whether the non-party wit- ence may be severely damaging to inferences appropriately center ness was a key figure in the the civil litigant, although, by itself, on the circumstances of the litigation and played a con- it will not necessarily ensure the case, the evolving case law and trolling role in respect to any success of the adverse party. its underlying rationale of its underlying aspects also Finally, in some instances, an accordingly suggest a number logically merits consideration individual’s invocation of the right of non-exclusive factors which by the trial court.62 against self-incrimination may should guide the trial court in result in an adverse inference making these determinations: In Libutti, the 2nd Circuit con- against that person’s employer. cluded, “[w]hether these or other Civil litigators should be versed 1. The Nature of the Relevant circumstances unique to a partic- in these important intricacies of the Relationships: Although no ular case are considered by the application of the right against self- particular relationship gov- trial court, the overarching con- incrimination under both federal erns, the nature of the rela- cern is fundamentally whether and Georgia law. They can arise in tionship will invariably be the the adverse inference is trustwor- myriad situations, sometimes with- most significant circumstance. thy under all of the circumstances out warning, and affect a party’s It should be examined, how- and will advance the search for litigation strategy. ever, from the perspective of a the truth.”63 non-party witness’s loyalty to Aaron M. Danzig is a the plaintiff or defendant, as Conclusion partner at Arnall the case may be. The closer The Fifth Amendment to the Golden Gregory LLP. the bond, whether by reason U.S. Constitution and its Georgia He represents clients in of blood, friendship or busi- analogue, along with a Georgia white collar criminal ness, the less likely the non- statute, protect individuals from matters, internal cor- party witness would be to forced self-incrimination not only porate investigations and complex render testimony in order to in criminal proceedings but also in business litigation. Previously, damage the relationship. civil matters and regulatory hear- Danzig served five years as an 2. The Degree of Control of ings. Invocation of the privilege assistant U.S. attorney in Atlanta, the Party Over the Non-Party must be asserted on a question-by- where he prosecuted economic, Witness: The degree of con- question basis, as opposed to a intellectual property and comput- trol which the party has vest- blanket refusal to answer, and er crime cases. He can be reached ed in the non-party witness extends beyond questions directly at 404-873-8500 or by visiting in regard to the key facts and addressing potential criminal lia- www.agg.com.

August 2009 19 Edward Marshall is an States, 221 U.S. 394, 399-400 (1911); 875 (1984); accord Chambers v. associate at Arnall United States v. Medlin, 986 F.2d McDonald, 161 Ga. App. 380, 380- Golden Gregory LLP 463, 467-68 (11th Cir. 1993); SEC v. 81, 288 S.E.2d 641, 642 (1982) (quot- and concentrates his First Jersey Sec., Inc., 843 F.2d 74, 76 ing Capital Prods. Corp., 457 F.2d at practice on litigating (2d Cir. 1988); Classic Art Corp. v. 544). State, 245 Ga. 448, 449, 265 S.E.2d 27. Jardine v. Jardine, 236 Ga. 323, 323, and resolving complex 577, 579 (1980) (“Under the 5th 223 S.E.2d 668, 669 (1976); Cohran business disputes. Marshall's prac- Amendment, a corporation cannot v. Carlin, 165 Ga. App. 141, 143, 297 tice before the state and federal avail itself of the privilege against S.E.2d 54, 55 (1982). courts includes actions brought self-incrimination.”). 28. Cohran, 165 Ga. App. at 143, 297 pursuant to the Racketeer 12. Jacobs v. State, 157 Ga. App. 466, S.E.2d at 55. Influenced and Corrupt 468, 278 S.E.2d 21, 23 (1981) 29. United States v. Argomaniz, 925 Organizations Act and ERISA, as (emphasis added; citation omitted). F.2d 1349, 1355 (11th Cir. 1991). well as state contract and unfair 13. Braswell, 487 U.S. at 118. 30. Hoffman v. United States, 341 U.S. competition law. He can be 14. GA. CONST. art. I, § I, ¶ XVI. 479, 486 (1951); see also United reached at 404-873-8500 or by 15. O.C.G.A. § 24-9-27(a) (1995) States v. Sharp, 920 F.2d 1167, 1170 visiting www.agg.com. (emphasis added). (4th Cir. 1990) (“Whether there is a 16. Id. § 24-9-27(b). sufficient hazard of incrimination is 17. Wynne v. State, 139 Ga. App. 355, of course a question for the courts Endnotes 357, 228 S.E.2d 378, 381 (1976); asked to enforce the privilege.”). 1. U.S. CONST.amend. V. accord Brooks v. State, 233 Ga. 524, 31. See Axson v. Nat’l Sur. Corp., 254 2. GA. CONST. art. I, § I, ¶ XVI. 526, 212 S.E.2d 355, 357 (1975). Ga. 248, 250, 327 S.E.2d 732, 734 3. O.C.G.A. § 24-9-27(a) (1995). 18. Brown v. State, 242 Ga. 536, 538, 250 (1985); Tennesco, Inc. v. Berger, 144 4. See Griffin v. California, 380 U.S. S.E.2d 438, 440 (1978). Ga. App. 45, 47, 240 S.E.2d 586, 588 609, 615 (1965); Hoffman v. United 19. Thomas v. State, 245 Ga. 688, 691, 266 (1977). States, 341 U.S. 479, 486-87 (1951). S.E.2d 499, 502, vacated, 449 U.S. 988 32. 227 Ga. 833, 183 S.E.2d 377 (1971). 5. See, e.g., Lefkowitz v. Turley, 414 (1980); see also Wynne, 139 Ga. App. 33. Id. at 834, 183 S.E.2d at 378 (internal U.S. 70, 77 (1973); Kastigar v. at 358, 228 S.E.2d at 381 (“The defen- quotation omitted). United States, 406 U.S. 441, 444 dant has no standing to raise a ques- 34. Hoffman, 341 U.S. at 488 (internal (1972) (Fifth Amendment “can be tion as to the violation of the wit- quotation omitted). asserted in any proceeding, civil or nesses’ rights under the Georgia law, 35. Page v. Page, 235 Ga. 131, 133 n.1, criminal, administrative or judicial, as the privilege is that of the person 218 S.E.2d 859, 861 n.1 (1975) (quot- investigatory or adjudicatory.”); under examination as a witness.”). ing Hoffman, 341 U.S. at 486). Page v. Page, 235 Ga. 131, 132, 218 20. In re Manheim, 259 Ga. 791, 793, 387 36. See, e.g., Jett v. State, 230 Ga. App. S.E.2d 859, 861 (1975). S.E.2d 330, 331 (1990); Plunkett v. 655, 656, 498 S.E.2d 274, 276 (1998). 6. Lefkowitz, 414 U.S. at 77. Hamilton, 136 Ga. 72, 82-83, 70 S.E. 37. 169 Ga. App. 418, 312 S.E.2d 874 7. See, e.g., Baxter v. Palmigiano, 425 781, 785-86 (1911). (1984). U.S. 308, 318 (1976) (“[T]he Fifth 21. Simpson v. Simpson, 233 Ga. 17, 21, 38. Id. at 418, 312 S.E.2d at 874-75 (cit- Amendment does not forbid 209 S.E.2d 611, 614-15 (1974). For ing Chambers v. McDonald, 161 adverse inferences against parties further discussion of the adverse Ga. App. 380, 380-81, 288 S.E.2d to civil actions when they refuse to inference, see infra text accompany- 641, 642 (1982)). testify in response to probative evi- ing notes 50-57. 39. 250 Ga. App. 327, 552 S.E.2d 431 dence offered against them.”). 22. Dempsey v. Kaminsky Jewelry, (2001). 8. See Malloy v. Hogan, 378 U.S. 1, 11- Inc., 278 Ga. App. 814, 815, 630 40. Id. at 331, 552 S.E.2d at 434. 12 (1964) (citing Hoffman, 341 U.S. at S.E.2d 77, 80 (2006); accord United 41. United States v. Kordel, 397 U.S. 1, 486-87). States v. Roundtree, 420 F.2d 845, 11-12 (1970). 9. Dempsey v. Kaminski Jewelry, 852 (5th Cir. 1969). 42. Keating v. Office of Thrift Inc., 278 Ga. App. 814, 815, 630 23. Tennesco, Inc. v. Berger, 144 Ga. Supervision, 45 F.3d 322, 324 (9th S.E.2d 77, 80 (2006) (citing Axson v. App. 45, 48, 240 S.E.2d 586, 588 Cir. 1995) (quoting FSLIC v. Nat’l Sur. Corp., 254 Ga. 248, 250, (1977) (quoting Capital Prods. Molinaro, 889 F.2d 899, 902 (9th 327 S.E.2d 732, 734 (1985), and Corp. v. Hernon, 457 F.2d 541, 542 Cir. 1989)); accord In re Ramu Corp., Begner v. State Ethics Comm’n, 250 (8th Cir. 1972)); accord Page v. Page, 903 F.2d 312, 318 (5th Cir. 1990) Ga. App. 327, 330, 552 S.E.2d 431, 235 Ga. 131, 132-33, 218 S.E.2d 859, (“The stay of a pending matter is 433 (2001)); accord Simpson v. 861 (1975). ordinarily within the trial court’s Simpson, 233 Ga. 17, 19, 209 S.E.2d 24. Axson v. Nat’l Sur. Corp., 254 Ga. wide discretion to control the 611, 614 (1974). 248, 249, 327 S.E.2d 732, 734 (1985). course of litigation, which includes 10. United States v. Argomaniz, 925 25. Id. at 249, 327 S.E.2d at 734; accord authority to control the scope and F.2d 1349, 1353 (11th Cir. 1991) (cit- Jett v. State, 230 Ga. App. 655, 656, pace of discovery.”). ing Hoffman, 341 U.S. at 486) 498 S.E.2d 274, 276 (1998) (citing 43. Am. Express Bus. Fin. Corp. v. R.W. (emphasis added); accord United Tennesco, 144 Ga. App. at 48, 240 Prof’l Leasing Servs. Corp., 225 F. States v. Gecas, 120 F.3d 1419, 1424 S.E.2d at 588). Supp. 2d 263, 264-65 (E.D.N.Y. 2002). (11th Cir. 1997). 26. Petty v. Chrysler Credit Corp., 169 44. Volmar Distrib., Inc. v. N.Y. Post Co., 11. Braswell v. United States, 487 U.S. Ga. App. 418, 418, 312 S.E.2d 874, 152 F.R.D. 36, 39 (S.D.N.Y. 1993); 99, 104-05 (1988); Dreier v. United

20 Georgia Bar Journal Favaloro v. S/S Golden Gate, 687 F. (“Fifth Amendment does not forbid Supp. 475, 482 (N.D. Cal. 1987). adverse inferences against civil liti- Earn up to 6 CLE 45. See SEC v. Dresser Indus., Inc., 628 gants, including claimants in civil F.2d 1368, 1375-76 (D.C. Cir. 1980); forfeiture proceedings, who assert credits for author- American Express, 225 F. Supp. 2d at the privilege against self-incrimina- 265 (granting discovery stay); tion.”); Simpson v. Simpson, 233 Ga. ing legal articles United States v. Gieger Transfer 17, 20-21, 209 S.E.2d 611, 614 (1974). and having them Serv., Inc., 174 F.R.D. 382, 385 (S.D. 51. 233 Ga. 17, 209 S.E.2d 611 (1974). Miss. 1997). 52. Id. at 20-21, 209 S.E.2d at 614 (quot- published. 46. Walsh Sec., Inc. v. Cristo Prop. ing Molloy v. Molloy, 176 N.W.2d Mgmt., Ltd., 7 F. Supp. 2d 523, 527 292, 296 (Wis. 1970)) (citations Submit articles to: (D.N.J. 1998) (stay appropriate in omitted); see Sanders v. State, 259 absence of indictment where gov- Ga. App. 422, 425-26, 577 S.E.2d 94, Donald P. Boyle Jr. ernment had executed search war- 97-98 (2003) (citing Simpson). Georgia Bar Journal rants, issued subpoenas to several 53. See, e.g., Brewer v. Brewer, 249 Ga. defendants and defendants were 517, 518, 291 S.E.2d 696, 697 (1982). 104 Marietta St. NW, informed that they were targets of 54. 54 F.3d 387 (7th Cir. 1995). Suite 100 criminal investigation); see also SEC 55. Id. at 392-93; see also Harrison v. Atlanta, GA 30303 v. HealthSouth Corp., 261 F. Supp. Wille, 132 F.3d 679, 682-83 (11th 2d 1298, 1326-27 (N.D. Ala. 2003) Cir. 1998) (public employee cannot Contact [email protected] (civil action stayed even though be terminated solely for exercising defendant not yet indicted); Fifth Amendment rights, but for more information Brumfield v. Shelton, 727 F. Supp. adverse inference may be drawn or visit the Bar’s website, 282, 284 (E.D. La. 1989) (stay grant- from invocation of rights); Green v. www.gabar.org. ed where party seeking stay was McKesson Corp., No. 2002-CV- under investigation by federal 48407, 2005 WL 5239705 (Super. Ct. grand jury). Fulton County, Ga., Dec. 5, 2005) 47. HealthSouth, 261 F. Supp. 2d at 1316 (Long, J.) (declining to apply (granting discovery stay; citations adverse inference in summary omitted). judgment context and citing 48. See Baxter v. Palmigiano, 425 U.S. Parsons & Whittemore Enters. 308, 317-18 (1976); Mid-Am.’s Corp. v. Schwartz, 387 F. Supp. 2d Process Serv. v. Ellison, 767 F.2d 368, 372 (S.D.N.Y. 2005)). 684, 686 (10th Cir. 1985) (a civil 56. See Kramer v. Levitt, 558 A.2d 760, defendant who asserts the Fifth 767 (Md. Ct. Spec. App. 1989). Amendment privilege “may have 57. See, e.g., United States v. 901 N.E. to accept certain bad consequences Lakewood Drive, 780 F. Supp. 715, that flow from that action”); 722 (D. Or. 1991). Volmar Distrib., 152 F.R.D. at 39 58. See, e.g., RAD Servs., Inc. v. Aetna (Constitution does not require stay- Cas. & Sur. Co., 808 F.2d 271, 274- ing civil proceedings when there is 75 (3d Cir. 1986) (authorizing infer- a criminal indictment); Axson v. ence where former employee Nat’l Sur. Corp., 254 Ga. 248, 249- invoked privilege); Brink’s Inc. v. 50, 327 S.E.2d 732, 734 (1985) (stay City of New York, 717 F.2d 700, 710 denied in civil suit where defen- (2d Cir. 1983) (holding likewise); dant was under indictment for theft Data Gen. Corp. v. Grumman Sys. by conversion); Chumley v. State, Support Corp., 825 F. Supp. 340, 282 Ga. App. 117, 119-20, 637 S.E.2d 352-53 (D. Mass. 1993) (same); 828, 831-32 (2006) (stay denied in Putnam Res. v. Pateman, 757 F. civil forfeiture case where defen- Supp. 157, 168 (D.R.I. 1991) (“The dant had been indicted under Court is, therefore, left with the Georgia RICO law). conviction that its instruction to he 49. Dresser Indus., 628 F.2d at 1375-76 jury not to draw inferences from (citing United States v. Kordel, 397 the two Sammartino employees' U.S. 1, 12 n.27 (1970)). claims of privilege was indeed 50. See Baxter, 425 U.S. at 318 (“[T]he error.”). Fifth Amendment does not forbid 59. See, e.g., Emerson v. Wembley USA adverse inferences against parties to Inc., 433 F. Supp. 2d 1200, 1214 (D. civil actions when they refuse to tes- Colo. 2006). tify in response to probative evi- 60. Data Gen. Corp., 825 F. Supp. at 352. dence offered against them.”); 61. 107 F.3d 110 (2d Cir. 1997). Arango v. U.S. Dep’t of Treasury, 62. Id. at 123-24. 115 F.3d 922, 926 (11th Cir. 1997) 63. Id. at 124.

August 2009 21 GBJ Feature

Amelia Island Serves as Host to 2009 Annual Meeting by Jennifer R. Mason

ith a location as beautiful as Amelia

Island, it’s easy to see why people W keep coming back. For the second year in a row, Amelia Island Plantation hosted the State

Bar’s Annual Meeting. Those who attended the 45th gathering were not disappointed as the island, the Inn and the Conference Center lived up to their potential.

From delicious meals to a beautiful setting, Amelia

Island once again provided Bar members, family and friends with a wonderful experience. Opening Night

While the potential of bad weather moved the venue indoors, the spirit of the opening night event remained. Adults and children alike were treated to a visit from Tim Williams of Florida’s Gatorland® who brought along two live gators. After sharing information about the animals with the crowd, everyone had the opportunity to step up and experience the gators face to face. A

line formed as those brave enough took turns holding a Stanley and Stephanie J. Wilson McKnight, Derrick W. Photos by Sarah I. Coole, Jennifer R. Mason, Randy gator and recording a special memory. Kids enjoyed A view from the Amelia Island Inn showcases Ocean Links and the their own room complete with video games, a bounce Atlantic Ocean. house and giant inflatable slide, a movie and the ever- popular airbrush tattoo booth, which had more than a four-leaf clover, heart or butterfly. Buffet-style dining few adults standing in line debating whether to get a made it easy to grab a bite and catch up with friends

22 Georgia Bar Journal while comedian/songwriter Gerry Robinson wound his way through the crowd composing songs on the spot. The air-conditioned building provided a welcome respite from the heat and mosquitoes and enabled people of all ages to fully enjoy the events of the evening. Weekend Business Opening night was followed by the business of the weekend. Breakfast and lunch meetings offered members a relaxed atmosphere in which to conduct the business of their section or committee, honor award recipients and catch up on CLE opportunities. The evening receptions provided a social environment where The Mertens family gets up close and personal with the albino gator from Gatorland®. (Left to ® friends and colleagues could right) Gatorland’s Tim Williams, Madeleine, Margaret, Anton II and Anton F. Mertens. spend time together enjoying each other’s company before moving M. Yvette Miller, the State of the Parents and Caregivers in the on to the various dinner events. Law by Attorney General Thurbert Profession Committee, will And as always, the meeting Baker, the Georgia Senate by Sen. offer networking and CLE offered members the opportunity John Wiles (chair of the Senate opportunities that are family to participate in non-business Special Judiciary Committee), friendly, and will present a related events such as the annual and the Georgia House of forum for young lawyers to YLD/LFG 5K Fun Run and the Representatives by Rep. Wendell discuss the challenges of being golf and tennis tournaments. Willard (chair of the House both professionals and care- Judiciary Committee) and Rep. givers. Another significant ini- Board Meeting Rick Golick (chair of the House tiative being undertaken this Highlights Judiciary Non-Civil Committee). year will be a Public Summer During the plenary session, Internship Program in the sum- Following the presentation of President Jeffrey O. Bramlett deliv- mer of 2010 that is designed to awards at the June 19 plenary ses- ered his outgoing remarks as assist young and newly admit- sion, the Board received a report required by the bylaws of the State ted lawyers in expanding their by Robert McCormack, on Active Bar. A copy of these remarks can be skill sets through a variety of Duty Traditional Guardsman or found on page 30 of the Bar Journal. public interest positions. Reservists, at which time the Board Bryan M. Cavan presided over ■ The Board, by unanimous voice approved proposed changes to the 226th Board of Governors vote, approved the following Bylaw Article 1, Section 8. The meeting on Saturday, June 20. presidential appointments to board then received a report Highlights of the meeting the State Disciplinary Board: on Memorials by Jeffrey O. included: Investigative Panel Bramlett. Following this report, District 1: Christopher L. President Bramlett presented the ■ Amy V. Howell provided a Ray (2013) Distinguished Service Award to the report on the activities of the District 2: Joseph W. Dent Hon. Norman S. Fletcher (see page YLD and referred Board mem- (2012) 42). The presentation of the award bers to the written report District 3: William D. was followed by reports on the included in the agenda book. NeSmith (2012) Investigative Panel by Hubert C. She announced that this Bar District 4: R. Javoyne Hicks Bell Jr., the Review Panel by year will be focused on sup- White (2012) Anthony B. Askew, the Formal porting children and families, Review Panel Advisory Opinion Board by and she has charged the YLD Northern District: Anthony Edward B. Krugman, the Supreme committees to figure out new B. Askew (2012) Court of Georgia by Presiding ways in which to engage and Middle District: Oliver Justice Carol Hunstein, the Court of support this theme. In that Wendell Horne (2012) Appeals of Georgia by Chief Judge regard, she has appointed a Southern District: Thomas

August 2009 23 R. Burnside III (2012) Board, by unanimous voice ■ Rudolph N. Patterson and ■ As required by Article V, Section vote, approved the 2009-10 Lauren Barrett provided a 8 of the Bylaws, the Board: budget. report on the activities of the ■ Authorized the President ■ Results of the Executive Lawyers Foundation of to secure blanket fidelity Committee election were as fol- Georgia. bonds for the Bar’s Officers lows: Charles “Buck” L. Ruffin, ■ The Board received a copy of and staff handling State Bar Robin Frazer Clark, Nancy J. the minutes of the Feb. 19, funds. Whaley and David S. Lipscomb. March 6, April 16 and May 14, ■ Directed the State Bar and ■ The Board elected Cliff 2009, Executive Committee related entities to open Brashier as executive director meetings. appropriate accounts with for the 2009-10 Bar year. ■ Robert Kaufman provided a such banks in Atlanta, but ■ The Board approved the report on the activities of the excluding any banks that do appointment of Dawn Jones to Cornerstones of Freedom® pro- not participate in the IOLTA the Chief Justice’s Commission gram and the Communications Program, and other such of Professionalism for a two- Committee. depositories as may be rec- year term. ■ Judge Lamar W. Sizemore Jr. ommended by the Finance ■ The Board approved the provided an update on the Committee and designated by appointments of Damon activities of the Long-Range the Executive Committee of Elmore, William C. Rumer, Planning and Bar Governance the Board of Governors of the Mark F. Dehler, Leigh M. Wilco Committees. State Bar of Georgia, said and Elena Kaplan for two-year ■ Tom Stubbs provided a report depository currently being terms to the Georgia Legal of the monthly Lunch and Merrill Lynch, and that the Services Board of Trustees. Learn programs offered to persons whose titles are listed ■ Following a report by Paulette unemployed Bar members by below are authorized to sign A. Bradham and Michael the Law Practice Management an agreement to be provided Monnolly, the Board approved and Lawyer Assistance by such banks and customary the creation of an Employee Programs. signature cards, and that the Benefits Section and the pro- ■ Charles “Buck” L. Ruffin pro- said banks are hereby author- posed Bylaws. vided a report on the activities ized to pay or otherwise ■ Following a report by Claudine of the Pro Bono for Military honor any check drafts, or Wilkins, the Board approved Veterans and Servicemembers other orders issued from time the creation of an Animal Law Committee. to time for debit to said Section and the proposed ■ The Board received a written accounts when signed by two Bylaws. report from the Unauthorized of the following: treasurer, ■ The Board received a copy of Practice of Law Program, the secretary, president, immedi- the future meetings schedule. Lawyer Assistance Program, ate past president, president- ■ Linda A. Klein provided a the Fee Arbitration Program, elect, executive director, gen- report on the activities of the the Law Practice Management eral counsel and office man- ABA House of Delegates. Program and the Consumer ager provided either the pres- ■ Following a report by Robert Assistance Program. ident, secretary or treasurer McCormack, the Board ■ The Board received a written shall sign all checks or vouch- approved proposed Standing annual report on the State ers, and that said accounts Board Policy 500. Bar’s Legislative Activities for can be reconciled from time ■ The Board approved the pro- 2008-09. to time by said persons or posed 2009-10 Elections ■ The Board received a written their designees. The authority Schedule. annual report from the herein given is to remain ■ Len Horton provided a report Professionalism Committee. irrevocable so as said banks of the activities of the Georgia ■ The Board received written are concerned until they are Bar Foundation. annual reports from the follow- notified in writing, acknowl- ■ Harvey Weitz provided an ing sections: Appellate Practice, edge receipt thereof. update on the new Coastal Business Law, Eminent ■ Designated the employ- Georgia Office. President Domain, Environmental Law, ment of an independent Cavan thanked the members Family Law, Fiduciary Law, auditing firm to audit the of the Savannah Office General Practice and Trial Law, financial records of the State Committee for undertaking Government Attorneys, Health Bar for the fiscal year 2008-09. the project and introduced the Law, Intellectual Property Law, ■ Following a presentation by new Office Manager, Linda Labor and Employment Law, Treasurer Ken Shigley, the Gale Edwards. Real Property Law, School and

24 Georgia Bar Journal Board Members Dennis Sanders and Michael V. Elsberry talk prior to the Carole Cox, outgoing president of the Gwinnett County Bar Association, business portion of the Presidential Gala. accepts the President’s Cup from President Bramlett during the Plenary Session.

College Law, Taxation Law, Georgia, to Hon. Norman S. and the justice system in Georgia, Technology Law and Tort and Fletcher (see page 42) during the through dedicated service to a vol- Insurance Practice. plenary session because he was untary bar, practice bar, specialty unable to attend the Presidential bar or area of practice section. This Annual Awards Gala Saturday evening where the award was deservingly renamed During the plenary session, award is usually presented. last year in honor of Tommy President Jeffrey O. Bramlett recog- Fletcher was honored for his Burnside Jr., for his lifetime of con- nized specific Bar members and “conspicuous service to the cause tributions to the legal profession. organizations for the work they of jurisprudence and to the This year’s recipient was Hon. have done over the past year. advancement of the legal profes- Warren P. Davis, Gwinnett County sion in the state of Georgia.” Bar Association, nominated by the Chief Justice Thomas O. Gwinnett County Bar Association. Marshall Professionalism Georgia Association The Award of Merit is given to Award of Criminal Defense voluntary bar associations for their The 8th Annual Chief Lawyers Awards dedication to improving relations Justice Thomas O. Marshall The Georgia Association of among local lawyers and devoting Professionalism Awards, spon- Criminal Defense Lawyers endless hours to serving their com- sored by the Bench and Bar announced that the 2008 GACDL munities. The bar associations are Committee of the State Bar of Indigent Defense Award went to judged according to size: Georgia and selected by all living Stephen B. Bright and E. Wycliffe past Bar presidents, honors one Orr Sr. ■ 251 to 500 members: Gwinnett lawyer and one judge who have The GACDL’s Rees Smith County Bar Association and continue to demonstrate the Lifetime Achievement Award went ■ 501 members or more: Atlanta highest professional conduct and to John R. “Jack” Martin. Bar Association paramount reputation for profes- The 2008 COTY Award was pre- sionalism. This year’s recipients sented by the GACDL to Brenda J. The Best New Entry Award is were the Hon. Norman S. Fletcher, Bernstein, Rodney Zell and presented to recognize the excellent Brinson, Askew, Berry, Siegler, Franklin J. Hogue. efforts of those voluntary bar asso- Richardson & Davis, LLP, Rome; ciations that have entered the Law and Steven Gottlieb, Atlanta Legal Local and Voluntary Bar Day, Award of Merit or Newsletter Aid Society, Atlanta. Activities Awards competitions for the first time in President Jeffrey O. Bramlett The Thomas R. Burnside Jr. four years. This year’s recipient was presented the Distinguished Excellence in Bar Leadership the Georgia Association of Black Service Award, the highest acco- Award, presented annually, hon- Women Attorneys. lade bestowed on an individual ors an individual for a lifetime of The Best Newsletter Award is lawyer by the State Bar of commitment to the legal profession presented to voluntary bars that

August 2009 25 2008-09 President Jeffrey O. Bramlett relaxes with his family at the Opening Night Festival. (Left to right) Robert, Nancy, Susanna and Jeff.

Justice Robert Benham and wife Nell during the Presidential Gala Saturday evening. Mark and Sally Panfel enjoy the atmosphere during the Presidential Gala. Jonathan Kester and JaDawnya Butler appear ready (Left to right) Sally and Ken Shigley, treasurer, spend time with Bob Kaufman, Communications for the events during the Presidential Gala. Committee/Cornerstones of Freedom® chair and wife Sue during the Supreme Court Reception.

Participants in the 2009 annual tennis tournament. (Back row, left to right) Nick Martin, Peter Muller, John Corish, Hon. R. Rucker Smith, Jason Alloy and Michael Shryock. (Front row, left to right) Margaret Mertens, DeeDee Worley, Lisa Muller, Frances Kuo, Margaret Washburn, Tamera Woodard, Nicole Habl, Hugh Kemp and Tim 2009-10 President Bryan M. Cavan pictured with his family. (Left to right) Barry Jefferson. and Joan Cavan, Bryan and Cheryl Cavan, Kathy and Bruce Cavan.

2009-10 YLD President Amy V. Howell and her family enjoy the Opening Night festivities. (Left to right) William, Brian, Lauren and Amy. that has developed a pro bono program that has satisfied previously unmet needs or extended services to underserved segments of the popu- lation. The award is named for a former president of the American Bar Association and former executive director of the State Bar of Georgia. The 2009 William B. Spann Jr. Award was presented by the Access to Justice Committee of the State Bar of Georgia and the Pro Bono Project to the law firm of Clark & Washington, PC, for its partnership in the provision of pro bono bankruptcy legal services for low-income Georgians, commit- 2008-09 President Jeffrey O. Bramlett presents the Employee of the Year Award to Pauline Childress, administrative assistant to the chief operating officer. ment to providing high quality legal services for the poor and stel- provide the best informational are judged in size categories: lar support of pro bono publico. source to their membership, ■ 251 to 500 members: DeKalb The Dan Bradley Award honors according to their size: Bar Association the commitment to the delivery of ■ 501 members or more: Cobb high quality legal services of a ■ 251 to 500 members: DeKalb County Bar Association, Inc. lawyer of Georgia Legal Services Bar Association Program or the Atlanta Legal Aid ■ 501 members or more: Atlanta The President’s Cup Award is a Society. The award honors the Bar Association traveling award that is presented memory of Georgia native and annually to the voluntary bar asso- Mercer Law graduate Dan J. In 1961, Congress declared May ciation with the best overall pro- Bradley, who was president of the 1 as Law Day USA. It is a special gram. This year’s recipient was the federal Legal Services Corporation. time for Americans to celebrate Gwinnett County Bar Association. The 2009 Dan Bradley Award was their liberties and rededicate them- presented by the Access to Justice selves to the ideals of equality and Pro Bono Awards Committee of the State Bar of justice under the law. Every year, The H. Sol Clark Award is named Georgia and the Pro Bono Project to voluntary bar associations plan for former Court of Appeals of Nancy Lindbloom of the Georgia Law Day activities in their respec- Georgia Judge Clark of Savannah, Legal Services Program for outstand- tive communities to commemorate who is known as the “father of legal ing commitment to the delivery of this occasion. The Law Day aid in Georgia.” The prestigious legal services to the poor, exemplary Awards of Achievement are also Clark Award honors an individual professionalism and service as men- judged in size categories: lawyer who has excelled in one or tor and leader within the public more of a variety of activities that interest community in Georgia. ■ 101 to 250 members: Blue extend civil legal services to the poor. The Georgia A Business Ridge Bar Association The H. Sol Clark Award was pre- Commitment Pro Bono Business ■ 251 to 500 members: Gwinnett sented by the Access to Justice Law Award salutes a full-time attor- County Bar Association Committee of the State Bar of ney admitted to practice in Georgia ■ 501 members or more: Cobb Georgia and the Pro Bono Project in or a law firm or corporate legal County Bar Association, Inc. 2009 to Albert M. Pearson III for his department in Georgia for out- professionalism and commitment to standing delivery of legal services A new category was added to the provision of legal services to the to the poor. The ABC Pro Bono the Local and Voluntary Bar poor, for his support of access to the Business Law Award was presented Activity Awards this year. The courts by marginalized populations by the Access to Justice Committee Best New Website Award is and for his extensive pro bono legal of the State Bar of Georgia to the given to bar associations with services to the migrant farm worker Coca-Cola Company Legal websites that exemplify excel- community in Georgia. Department for demonstrating lence in usefulness, ease of use, The William B. Spann Jr. Award commitment to the delivery of pro content and design in meeting is given each year either to a local bono business law services to the the needs of the website’s target- bar association, law firm project or a underserved segments of the non- ed audience. The bar associations community organization in Georgia profit community and for serving as

28 Georgia Bar Journal an outstanding service model for the corporate counsel community in Georgia and nationally. Section Awards Section awards are presented to outstanding sections for their dedication and service to their areas of practice, and for devoting endless hours of volunteer effort to the profession:

■ Section of the Year Family Law Section, Edward Coleman III, chair ■ Award of Achievement Real Property Law Section, Susan Elliott, chair

Tradition of Excellence Chief Justice Leah Ward Sears administers the oath of office to Bryan M. Cavan as wife Cheryl Awards holds the Bible. The Tradition of Excellence Award of Outstanding Service I, Bryan Cavan, do solemnly swear Awards are presented each year to to the YLD: Douglas Ashworth, that I will execute the office of presi- selected Bar members in recogni- Shiriki Cavitt, Thomas Duck, dent of the State Bar of Georgia, and tion for their commitment of serv- Stephanie Kirijan, Whitney perform all the duties incumbent upon ice to the public, to Bar activities Mauk, Shane Mayes and me, faithfully, to the best of my ability and to civic organizations. Edward McAfee. and understanding, and agreeable to Recipients must be at least 50 years Dedication to the YLD Award: the policies, bylaws and rules and reg- old. The 2009 recipients were: Sarah Coole, Jennifer Mason, ulations of the State Bar of Georgia; William Q. Bird (plaintiff), Hon. G. Derrick Stanley and Stephanie the laws and Constitution of the Alan Blackburn (judicial), Robert Wilson. United States. So help me God. E. Hicks (general practice) and The Distinguished Judicial At the conclusion of the busi- Jonathan C. Peters (defense). Service Award was presented to ness portion of the evening, the the Hon. John F. Salter. celebration of another wonderful Young Lawyers Division The Ross Adams Award was meeting began as attendees feast- Awards presented to Damon Elmore. ed on a variety of menu options, Award of Achievement for The recipient of the YLD Ethics preparing themselves for a night of Outstanding Service to the and Professionalism Award was fun and entertainment. Songwriter Profession: Christine Barker, Paul D. Fancher. Gerry Robinson was back to take Judge Michael Barker, Peggy special requests and record songs Caldwell, Justice George Carley, Passing of the Gavel for individuals. The scotch and Stacey G. Evans, Elizabeth Prior to the swearing-in cere- cigar bar called out to those who Hodges, Jennifer Mann, Roy mony, 2008-09 President Jeffrey didn’t mind the heat and the mar- Manoll, Aimee Maxwell, William O. Bramlett presented the tini bar featured the State Bar’s Noland and Stacy Rieke. Employee of the Year Award to own Doug Ashworth on the piano. Award of Achievement for Pauline Childress for her dedica- And once again the dance club was Outstanding Service to the Bar: tion and exemplary work since the place to be as the band Sharri Edenfield, John Jackson, being employed at the Bar in Platinum cranked out dance hits Schreeder Wheeler & Flint, LLP, 1994. Childress serves as the on into the night. and Carl Varnedoe. administrative assistant to the Award of Outstanding Service chief operating officer. Jennifer R. Mason is to the Public: Jennifer Blackburn, Following the award presenta- the assistant director Kelly Campanella, Shiriki Cavitt, tion, Chief Justice Leah Ward of communications for Elizabeth Fite, LeRoya Jennings, Sears swore in Bryan M. Cavan as the State Bar of Colin Kelly, Stephanie Kirijan, the 47th president of the State Bar Georgia and can be Whitney Mauk, Janet Scott, Amy of Georgia. Cavan placed his left reached at jenniferm Stone, Texas Young Lawyers hand on the Bible and repeated Association and Meredith Wilson. the following: @gabar.org.

August 2009 29 GBJ Feature

End of the Year Report

by Jeffrey O. Bramlett

The bylaws of the State Bar of Georgia specify the duties of great reality check this past year to have traveled all the president. One of the responsibilities is to “deliver a report over the state and really appreciate what a wonderful at the Annual Meeting of the members of the activities of the place this is. The experience has taught me much State Bar during his or her term of office and furnish a copy about the great lawyers, the good people, the fascinat- of the report to the Supreme Court of Georgia.” Following is ing communities and the natural beauty of this great the report from 2008-09 President Jeffrey O. Bramlett on his state. I shall never take any of them for granted again. year, delivered June 19 at the State Bar’s Annual Meeting. I’m also grateful for the opportunity to have worked with what I believe to be, based on my interactions et me start by saying I am grateful to each with my colleagues in other states around the country, the very best Bar staff on the planet. When we succeed, one of you for the opportunity I have had it is almost always because they have thoughtfully prepared your officers and your Board. When we make this past year. It has certainly been the high- mistakes, it’s because we have not listened closely L enough to them. light of my working life. I am grateful to all the lawyers I also want to point to the one essential ingredient that—year in and year out—sustains the strength and around the state who have extended to me encourage- success of our Bar. It’s not the president, it’s not the Bar leadership, and it’s probably not even the Board of ment and hospitality, who have counseled me when I Governors. It is all those lawyers who devote all that volunteer effort across the state in local bars, Bar com- was heading down the wrong path. It has been an mittees and Bar sections. When you take a 20,000-foot view of it and you think about what lawyers do every extraordinary learning experience for me. day for the bar in their communities to keep the rule of law in place and strong, in the face of all the challenges I have learned a great deal about the state of that our legislators, judicial officers and Attorney Georgia. As my friend and predecessor, Gerald General Baker have talked about this morning, it is an Edenfield, pointed out to me, “Jeff, you know Georgia incredible resource to our society. I’m very proud to is a really big state.” Sometimes those of us in metro- have stood in the midst of our profession’s ongoing politan Atlanta lose sight of that fact. It has been a magnificent contribution to the well-being of Georgia.

30 Georgia Bar Journal Georgians, people across our country and people around the world. No one predicted the sweep, the scope and the intensity of this economic meltdown. I am grateful for the fact that during this meeting, many of you have come up to me and none of you have actually blamed me for the economic catastrophe of the last year. I think that was an appropriate non-assignment of blame. But it has presented our profession with some real challenges. The estimate is that we have about 900 to 1,100 new lawyers joining our Bar this year. Many of our newest colleagues are having a very difficult time finding suitable employment in our profession. Many of them are taking the Photo by Sarah I. Coole 2008-09 Bar President Jeffrey O. Bramlett speaks to Board of Governors members during the entrepreneurial route that many of 2009 Annual Meeting. us took. But it’s a very adverse economic situation for them. I’d also like to express grati- glad to join me in an effort to These young lawyers ask very tude to Nancy and our family for identify suitable office space on rational questions like, “How putting up with my enduring and one of those lovely islands! exactly do you build a law practice persistent absenteeism over the When I came into office last year, and obtain clients if you have no past year. Because when I came I told you that my chief concern experience and no capital and no into office last year, one of my was maintaining the unity of our support to start?” law partners coined the phrase Bar. Unity among 40,000 diverse Your Bar has been proactively “the soon to be scandal-tainted lawyers inclined to form strong looking at how we can help our Bramlett administration” I want opinions is a persistent challenge new young people entering our to defuse some rumors about our that faces us. I certainly didn’t profession. I want to thank and rec- recent family vacation. It is true solve it this past year, but standing ognize Tom Stubbs for the Lunch that I was out of the country for on the shoulders of giants like and Learn program he has initiat- about three weeks. It is also true Gerald Edenfield and Jay Cook and ed. I’m sorry Tom is that I was traveling with my fam- Robert Ingram and Rob Reinhardt, going to be leaving the Executive ily in Italy, Greece and Turkey. I have strived to bring all lawyers Committee. He has given us great It’s not true this was on the Bar’s together and focus on the core pro- leadership this past year. When tab. But as I reflect on the State fessional values that we all agree you see him, please thank him for Bar’s aggressive geographical on: the rule of law, the preservation his efforts in that regard. I outreach to lawyers around the of fair and impartial courts and a also want to acknowledge the state—we’ve opened an office in commitment on behalf of the entire Transition into Law Practice Tifton, and now the Coastal office legal profession to accessible jus- Program, whose groundwork was in Savannah is open—it occurred tice and to fair play. laid 10 years ago, and the excellent to me on this recreational trip that We remain focused on our work of its director, Doug it may be time to expand our shared values. These are not debat- Ashworth. The salience of that pro- horizons. Where shall we site the able propositions within the legal gram has never been clearer than in next State Bar outreach office? profession. We will always argue these economic times. It has been a Shall we go boldly international? about the details on the margins, great tool and a source of encour- I come back to report to you that I but those fundamental concerns agement for the new generation of think either Mykonos or Santorini drive us as a Bar and drive us as a Georgia lawyers who are strug- in the Greek islands would be a profession and I think the state of gling with those hard questions in place where Georgia lawyers the Bar is good in that regard. hard times. would enjoy congregating. If This year, we have faced eco- Our Lawyer Assistance Program you’d like for me pursue that, I nomic adversity that has affected is seeing an uptick in demand know that my family would be the lives of our lawyers, our fellow for services. Our Law Practice

August 2009 31 The experience has taught me much about we are equipping our institution to get better and better at this the great lawyers, the good people, the communications function. The major funding source for fascinating communities and the natural this communications activity is the Legislative and Public Education Fund. Even in these hard times, the beauty of this great state. I shall never take lawyers of Georgia have been generous in their support of this fund any of them for granted again. because they understand how important it is to provide “air sup- Management Program, a splendid cially the lawyer-legislators, who port” for our legislative advocacy idea when it was launched 15 years have performed their public serv- “ground game.” It is still too early ago, is daily proving itself an ice with an appreciation for the to know how the fund will fare in invaluable resource for our private work of the judicial branch. this hard economy, but I am confi- sector lawyers struggling to adjust Sometimes we disagree on the dent the lawyers of Georgia will in an unforgiving economy. specifics of particular issues, but provide the necessary resources to The special reports this morning they have conducted their legisla- get the job done. highlighted what’s going on in the tive branch responsibilities with As we’ve broadcast PSAs public sector, and I think Justice respect for the fact that the judicial statewide, we’ve also maintained a Hunstein’s point is very clear. Yes, branch is a co-equal partner in local focus. We’ve published more the state is facing a very tough state government. than 110 articles in local papers all budget situation and no area of the Lawyers have consistently told around the state acknowledging public sector is immune from the us that they appreciate the State the accomplishments of lawyers responsibility to work cooperative- Bar’s broadcast outreach to the and judges in their local communi- ly through this reality. But when people of Georgia and, this year, ties. The total circulation of those the funding for the judicial branch we have continued that effort. papers exceeds 2.2 million readers. drops from 0.9 percent to 0.79 per- Three different public service I don’t know exactly how many cent, it’s careening in the wrong announcements have been created people read these things, but I can direction. We’ve worked hard this and broadcast. We have continued tell you I have gotten many very past budget cycle to urge the leg- to build a relationship both with favorable responses from lawyers, islative and executive branches of the leaders and members of our judges, their families and members government to moderate the meat Legislature and the general public of their communities who have ax and fulfill the constitutional about the importance of blind jus- said it is really very appropriate requirement of an adequately- tice and the words of our current that the Bar is acknowledging these funded judicial branch of govern- PSA, quoting from Abraham lawyers who are doing good work. ment. Adequacy is like beauty, I Lincoln about government of the We have continued our Law- suppose, in the eye of the beholder, people, by the people, for the peo- Related Education efforts. Ninety- but it is critical for our profession ple never perishing from this earth. eight schools have toured the Bar to advocate for that strong and As the members of the Center. More than 4,300 students independent judiciary that we all Cornerstones of Freedom® and from 19 counties have done the know is the root of the rule of law. Communications Committee, drill. We’ve had two teacher work- We have had a strong legislative under the leadership of Chairman shops, and 50 educators from the presence this year. I want to thank Bob Kaufman, have worked ener- DeKalb County schools have come Patti Gorham, chair of the ACL, getically to master the details of cre- and gone through the program. and Dwight Davis, who will be ating 30-second spots and getting We also hosted the National High chairing next year. I want to thank “bang for the buck” in broadcasting School Mock Trial Competition. I Capitol Partners—Tom Boller, them on radio and television, our want to say to all of you who Rusty Sewell, Mark Middleton, Bar has built a more decentralized offered me advice during that rather Hunter Towns—and Charlie expertise in what it takes to contin- difficult two or three weeks, thank Tanksley who have continued to ue this communications activity you for your advice. And for those provide us with excellent advice with increasingly greater skill and who gave me encouragement, I and strong advocacy as we negoti- knowledge. This group has done a thank you for that as well. It was an ate the reefs and shoals of the superb job of husbanding our interesting few weeks. I do want to General Assembly. I do genuinely resources carefully. As the diffu- point out that it was a very success- thank Chairman Willard and sion of knowledge about these sub- ful event. All competitors who Chairman Golick and the other jects spreads among the members wished to compete competed. The members of the Legislature, espe- of this committee to the larger Bar, quality of the advocacy was out-

32 Georgia Bar Journal standing. The YLD devoted count- ect basis for the referral network congratulate all candidates for run- less hours of volunteer effort to these volunteers have put in place. ning fair and positive races. I ensure that the competition was an This committee of volunteer commend the YLD Leadership experience the participants will lawyers has given the time and Academy for stimulating participa- never forget. It was a great training effort and resources to bring this tion. I thank the incumbent Board experience and learning experience idea off the ground. As we contin- members for their service. I wel- for all concerned. We can be proud ue over the coming year to work come the new Board members. In of what we did. on the continuing legal education the years to come, I hope each of In these cynical times, if a public component and train up this initial you will seriously consider seeking referendum were held on the ques- volunteer cadre of 650 and hope- the experience Georgia’s lawyers tion, “Should the regulation of the fully attract more volunteer have permitted me to enjoy over legal profession be entrusted to Georgia lawyers to this opportuni- the past year. I am living proof that lawyers?” we’d probably end up ty for service, I believe our Bar is the job qualifications do not extend under the jurisdiction of the on the verge of creating a resource much beyond a love of the legal Agriculture Commissioner and his of support for servicemembers, profession, a curiosity about our regulations about foxes and hen- veterans and their families that state and a willingness to work to houses. But the wisdom of all three will make us all proud. make it better, and the tenacity to branches of government gives us Last year, Judge Lamar Sizemore drive long stretches of Georgia this privilege and opportunity of received the Distinguished Service highway between stops for barbe- self-regulation under the watchful Award, our Bar’s highest honor. cue and the warm hospitality of eye of the Supreme Court. As you Shortly thereafter, I called him up Georgia lawyers. heard here today from Chairman and said “OK, Lamar, the penalty Bell of the Investigative Panel, for good work is more work.” I Jeffrey O. Bramlett is Chairman Askew of the Review asked him to chair the Long-Range the immediate past Panel and Chairman Edward Planning and Bar Governance president of the State Krugman of the Formal Advisory Initiative. He has done that this Bar of Georgia and Opinion Board, our discipline sys- past year with the impeccable lead- can be reached at tem continues to function effective- ership we have come to expect from [email protected]. ly with the overriding objective of him. He and his excellent commit- protecting the public. That is some- tee have worked with energy and thing that elevates the Bar beyond vision to address the governance the status of a trade association. We questions I’ve asked them to rise to the level of a true profession- address. The leaders of the related al organization when we meet the organizations—the Georgia Bar test of protecting the public. We can Foundation, Georgia Legal Services all be proud of that performance. Program, Institute of Continuing A year ago, I came to you with a Legal Education and Lawyers proposal to create the State Bar’s Foundation of Georgia—have par- Military/Veterans Pro Bono initia- ticipated enthusiastically and I tive. Last year, I ran into some think we are all excited about the budgetary headwinds. But I am potential of this effort. We are ana- pleased to report that a committee lyzing how we can better bring of volunteers, under the leadership information to our membership of Buck Ruffin and with the tire- and the Board of Governors about less support of the Pro Bono the overall operation of these enti- Project’s Mike Monahan, has ties, which are separately governed worked long and hard to assess the for various good reasons but are unmet legal needs, to build the also intimately linked in that we relationships with the military share common objectives. installations in the state of Georgia In this most recent Board of and the JAG offices at these facili- Governors election cycle, we had ties and to recruit more than 650 18 contested races and 45 people members of the State Bar who have running. It’s painful for candidates volunteered to perform legal serv- who have to run in contested races, ices under the auspices of this new but it’s healthy for our Bar when program. Tomorrow, you will vote lawyers are willing to endure the on a budget that includes funding rigors of competition for the oppor- to provide staffing on a pilot-proj- tunity to serve our profession. I

August 2009 33 GBJ Feature

Cavan’s Program for the 2009-10 Bar Year

by Bryan M. Cavan

The following is excerpted from Bryan M. Cavan’s presidential speech at the 2009 Annual Meeting in Amelia Island.

ood morning. I come before you today

full of appreciation and excitement over G the opportunity to serve as president of the State Bar of Georgia. I am also humbled by the awe- some responsibility and unique challenges that face our organization and our profession today.

The well-documented changes this economy have brought on the nation’s law firms—large, medium and small—led a New York Times writer to surmise, only a couple of weeks ago, the following: “The gentleman’s profession of the law is becoming a vestige of the past, removed enough from reality to be remembered, like phone booths or fedoras.” I certainly hope that is an overstatement, but there is no question we are in some uncharted waters with regard to the current economic situation and how it is affecting not only our clients but our fellow lawyers. This is something that we must cope with and work with in a number of different forms. In this economy, it is imperative that we take an Photo by Sarah I. Coole inward look at our organization. Thanks to some deci- 2009-10 Bar President Bryan M. Cavan addresses Bar members, family, sions we made several years ago with regard to friends and guests during the business portion of the Presidential Gala reserves and indexing, at the present time your State Saturday evening.

34 Georgia Bar Journal Bar is financially healthy, and it Today, I want you to know I am committed will be a top priority for 2009-10 to ensure that those who follow me as to strengthening and enhancing each of the president have a healthy Bar to work with as well. State Bar’s programs over the course of my The effects of the economy present a number of challenges to the State Bar to pursue its mission to term in office. serve the public, the judicial system and our members. I believe we have a great and to encourage your con- ready to assist our prosecutors as untapped resource in our past stituents to do the same. Hopefully well. It is doubtful that the eco- State Bar presidents. Their interest we will be able to continue airing nomic conditions or the political in the success of this organization TV and radio public service environment will improve to the did not end when they left office, announcements on matters of extent that we can pursue a pay nor did their love of this profes- importance to the judicial system. raise for our judges, but we sion, their commitment to public We also plan to continue and must keep the dialogue alive with service or their dedication to the hopefully enhance our Law- our legislators. cause of justice. I intend to utilize Related Education and Journey Also on our agenda, legislation their collective talent and individ- Through Justice programs, which that would conform the Georgia ual insight to a great extent are designed to inform Georgia’s Rules of Evidence to federal rules toward meeting the challenges of young people about our court sys- was approved by the House the coming year. tem and legal profession. More Judiciary Committee and will Judge Irwin Stolz, our president than 4,000 Georgia students have receive further consideration dur- from 1970-71, recently and correct- participated in these programs ing the 2010 session. A proposal to ly pointed out that the great initia- during the past year. substantially revise the Trust Code tives of the State Bar rarely come There are many ways in which passed the Senate and will be to fruition overnight and never we, as lawyers, have an opportuni- pending before the House without the widespread support ty to use our individual skills and Judiciary Committee going into of the Bar’s membership. talents for the public good. The next year’s session. number of our citizens who cannot A bill opposed by the State Bar, Ongoing Bar Programs afford to retain an attorney to assist which would effectively strip for the Public them in their legal needs is sky- the Public Defender Standards rocketing today and overwhelming Council of its authority and place Thanks to the vision of my pred- the organizations and attorneys the indigent defense system under ecessors and a tremendous amount dedicated to serve this growing the executive branch, narrowly of work by the Executive segment of our society. We can passed the Senate. An amended Committee, Board of Governors help by taking pro bono cases, or version cleared the House and various committees and sec- serving in legal clinics. We also can Judiciary Non-Civil Committee tions in recent years, the State Bar serve by contributing to the organ- but did not reach the House floor has made significant strides in a izations that serve the needs of for a vote before adjournment. number of areas, and I look for- these people. ward to continuing this progress Our Members this year. 2010 Legislative While taking stock in what the We have raised public aware- Agenda economy is doing, we also need ness of the importance of a strong, to take stock in what we are fair, impartial and well-funded court This economy is certainly going doing for our membership. For system through our Cornerstones to continue to impact the revenue many lawyers, the Bar serves no of Freedom® public information situation at the state Capitol. purpose other than as a reposito- initiative. This program is going to Unless things turn around quickly ry for their annual dues money so continue. The extent to which it and dramatically, we are going to they can practice law in the state continues is dependent to a great have to work even harder to face of Georgia. deal on the voluntary contribu- the budgetary crunches with our We need to remember the State tions of lawyers to the Legislative courts you have all read and heard Bar is for all Georgia lawyers. and Public Education Fund. I ask about in recent weeks and months. Slowly but surely, we are trying to each of you to support these efforts We cannot and will not abandon reach out to all groups every- by including your contribution the effort to obtain a pay increase where in our state and make sure with the payment of your dues for our judges. Further, we will be the Bar becomes relevant to them.

August 2009 35 Our efforts with regard to judicial launching a series of monthly toward increasing the relevancy of pay raises, indigent defense and Lunch and Learn programs for the State Bar in the lives and prac- the impact on access to justice in attorneys who are out of work. The tices of all of our members, and I the tort reform legislation, have to first two sessions in April and May intend to better utilize this advan- some degree left questions among each drew a full house. tage over the next 12 months. our prosecutors and government There is a wealth of resources These are just a few of the attorneys as to their relevance in available to Bar members who are ways the State Bar is trying to ful- our initiatives. Sole practitioners suffering in this economy through fill our mission of serving the and small firms have seen their the Law Practice Management and public and our judicial system practices decline and ask what the Lawyers Assistance programs, and assisting you, our lawyers does the State Bar of Georgia offer either online or through direct con- and judges who are on the front me? The State Bar must be rele- sultation. If you know a colleague lines every day. vant to all of its members, whether who needs help right now, I hope we are prosecutors or defense you will refer him or her to the Financial Challenges attorneys, in-house attorneys, State Bar website so that we can Today, I want you to know I am family law attorneys, corporate lend a hand. committed to strengthening and and transactional attorneys or tax In terms of member benefits, we enhancing each of the State Bar’s lawyers, whether our practice is will continue to strengthen and programs over the course of my primarily in the federal courts or is enhance a number of benefits and term in office. But I am equally in the state courts or is not court services including: committed to meeting our fiduci- related at all. We must continue to ary responsibility and keeping the reach out to all of our members ■ Promotion of professionalism Bar on a strong financial footing and listen. through the Transition into Law during this extraordinarily chal- I am committed to strengthen- Practice Program; lenging period. To do so, we need ing the interaction with our own ■ Outreach to our newest mem- to closely examine our budget line- members across the state. During bers in the profession; by-line and make sure that each the upcoming year, we will ■ Promoting diversity in the program is fulfilling the mission continue taking our Executive profession; for which it was designed. Committee meetings to locations ■ Support for our sections, com- If you are wondering when I am around the state. These sessions mittees and voluntary bars; going to announce the “Bryan have been extremely successful in ■ Casemaker services; and Cavan Signature Program” for this connecting Bar leaders with fellow ■ Two new committees, one year, let me put your mind at ease. lawyers and judges, local bar asso- addressing our Aging Lawyers There will be no Bryan Cavan ciations and state legislators needs and concerns, and our Signature Program. This is not the throughout the state. Military/Pro Bono effort to year to be doing something like This past year, Jeff Bramlett took match Georgia lawyers up with that. The funding simply is not this concept a step further by host- servicemembers who have there for new programs. ing Bar leadership conferences in unmet legal needs, either on a While the financial health of the Tifton and in Savannah. Local bar fee or pro bono basis. State Bar itself remains strong, we presidents had the opportunity to help support a number of vital pro- share ideas to help the State Bar do We are also very excited about grams that depend on funding a better job of serving the public the opening earlier this month of from other sources. For example, and our members. I also intend to the State Bar’s Coastal Georgia IOLTA funds are a major source continue and increase the number Office in Savannah. This beautiful of support for the Georgia of these sessions. facility on the city’s historic river- Legal Services Program, the You are already well aware that front will provide a closer meeting Georgia Appellate Practice and the State Bar provides the place for an area sweeping from Educational Resource Center, Inc., least expensive Continuing Legal Augusta to Brunswick, as well as a the BASICS Program and many Education program in the nation home away from home for those of other deserving programs. Last and maintains an exemplary us who enjoy traveling to year, the Georgia Bar Foundation attorney discipline system, pro- Savannah as often as possible. had approximately $9 million in moting public confidence in the Along with our headquarters in IOLTA funds to award grants to legal profession. Atlanta and the South Georgia these programs and others across Since last October, more than Office in Tifton, every lawyer in the state. This year, the IOLTA 300 lawyers have made initial Georgia is now within a two-hour funds available for grants have claims for unemployment benefits drive of a State Bar office, with the dropped to about $3 million. with the Georgia Department of vast majority much closer than We will ask you to approve a Labor. The Bar responded by that. This will go a long way budget that will include the

36 Georgia Bar Journal expenditure of a portion of the State Bar’s surplus money on some programs whose grant funding will be reduced or unfunded this year because their sources of revenue simply don’t have the money. I am confident we can meet these challenges because of what I see when I look around this room:

■ The experience and wisdom of our past presidents and Board members who have been around for many years; A Smart Read for Smart Readers ■ The “new blood” and fresh perspectives of those of you Th e metro Atlanta legal community relies on the who were recently elected to Daily Report for award-winning coverage of the business serve; and of law, courts and legal aff airs. ■ The institutional knowledge and incredible talents of Cliff Th e Daily Report serves its highly educated and affl uent Brashier and the Bar staff. lawyer-readers with content relevant to their lives both inside and outside the offi ce. I am confident about meeting our For advertising information please contact: challenges this year because I know Mischelle Grant • (404) 419.2820 • [email protected] we’re all in this together. If I haven’t To subscribe call 1.877.ALM.CIRC told you already, let me take this check us out opportunity to thank you for your www.dailyreportonline.com willingness to serve as a leader of the State Bar of Georgia. The time and expense this service costs you EXPERT WITNESS: Forensic Accounting Financial Fraud alone demonstrates your commitment to the legal profession and our M. Martin Mercer, JD, CPA, FCPA, CFE responsibility to serve the public 7768 S. Steele St., Centennial, CO 80122 Phone: (303) 621-5825 and the justice system. Website: www.MMartinMercer.com E-mail: [email protected] And once again, thank you for the confidence you have shown in Specialization: Mr. Mercer leads the B2B CFO® Litigation Services Practice which electing me as your president. It is a offers to litigating attorneys over 85 partners averaging 25 years of experience tremendous honor, and I promise in fi nance, accounting, business valuations, litigation support, fi nancial fraud you I will work as hard as I can investigations, forensic accounting, and expert witness services. Mr. Mercer is an throughout this year to uphold attorney and a CPA as well as a Certifi ed Fraud Examiner (CFE) and Forensic CPA your trust. with over 25 years of experience in all aspects of fi nance, accounting, fi nancial fraud, Working together, we will not litigation support, and forensic accounting. only survive this difficult economic climate but thrive in our efforts to make the State Bar relevant and Business Valuations helpful to all Georgia lawyers and keep this great organization finan- Divorces ! Estate/Gifts ! ESOPs ! Disputes ! Fairness Opinions ! cially healthy now and in the years Family Limited Partnerships Intangible Assets to come. Mitchell Kaye, CFA, ASA (770) 998-4642 Bryan M. Cavan is the e-mail: [email protected] president of the State Bar of Georgia and can American Society of Appraisers ! Past President, Atlanta Chapter be reached at Chartered Financial Analyst bcavan@ serving appraisal clients since 1981 millermartin.com. Court Testimony / IRS Experience

August 2009 37 GBJ Feature

New President Ready to Listen

by Linton Johnson

fter more than 40 successful years in the and become a foreign diplomat, having known others who had taken a similar path. He had no intention of profession, one might never guess the practicing law until his second year at Emory, when he happened to attend a State Bar of Georgia meeting. practice of law was not among the first “One of the speakers was a state Supreme Court jus- A tice, who talked about the need for good litigators,” two career choices of Bryan M. Cavan. The new presi- Cavan recalls. “I sort of got the bug. Local trial lawyers came to Emory to work with us on trial techniques. I dent of the State Bar of Georgia first saw himself as a truly enjoyed those classes.” His proficiency got him on Emory’s International Moot Court team, and he clergyman, and then considered the field of diplomacy argued in the regional competition at Duke University in his third year. For a number of years, Cavan went before settling on the law as his life’s work. back to his alma mater and served as an instructor in the Trial Techniques Program. Cavan was born in St. Petersburg, Fla. His parents, While in law school, Cavan worked part time for both from Massachusetts, “went to Florida for their two years as an orderly at Emory University Hospital. honeymoon and never went home,” he says. Actually, The summer before his third year, he got a taste of his father had a job waiting for him in St. Petersburg. real-life law practice, working part-time at the Atlanta His dad returned there after Army service in the Battle Law Firm of Arnold & Cate. He was admitted to the of the Bulge during World War II. A few years later, Bar in April 1967, during his third year at Emory. when Bryan was 12, the family moved to Jacksonville. During the spring of 1967, Cavan received a call from Following his graduation from Bishop Kenny High a friend who wanted him to meet a classmate of hers at School, Cavan entered the seminary to study for the Grady Memorial Nursing School. It was then he met Catholic priesthood. He attended St. Thomas Seminary Cheryl Long. Their blind date began a whirlwind in Bloomfield, Conn., for his first two years. After his courtship, and they were married in November 1967. third year, at St. Mary’s Seminary in Baltimore, Md., Shortly after his graduation from law school, Cavan left the seminary and entered Belmont Abbey Cavan received his draft notice. He had become College in Charlotte, N.C., where he finished his acquainted with Atlanta attorney Hugh Howell Jr., degree in philosophy. Knowing that law school was in “who took me under his wing and became my his future, he minored in English and history. guardian angel in the military.” Cavan joined the Then it was on to Emory University School of Law. Navy and reported to Officer Candidate School in Cavan arrived in Atlanta with plans to finish law school Newport, R.I. He was initially stationed at the Naval

38 Georgia Bar Journal Photo by Sarah I. Coole 2009-10 State Bar President Bryan M. Cavan and family at the Presidential Inaugural Gala. (Left to right) Brent and Ashley Ratliff, Bryan and Cheryl Cavan, Melissa and Mike Cavan, Chris and Sean Cavan.

Air Facility of Andrews Air Force prosecuting Heroin Task Force Northside and St. Joseph’s hospitals Base in Maryland. cases in the Southeast before in Atlanta and later with companies By the summer of 1969, returning to private practice. providing home health care. About President Richard M. Nixon had After a year as an associate with two years ago, they moved from already begun reducing American Rich Bass Kidd & Broome in Atlanta to Newnan. They live next forces in Vietnam. At the urging of Decatur, Cavan entered into a part- door to their daughter and son-in- Hugh Howell Jr., Cavan earlier had nership with Ed Carriere, Wayne law, Ashley and Brent Ratliff, and applied for an appointment to the Moulton and Mike Maloof—a three of their six grandsons, Zach, Navy’s Judge Advocate General’s practice that primarily focused on Nicholas and Will. The Cavans also Corps (then called the Law criminal defense work. Cavan and have two sons, Mike and Sean. Specialist Program). Shortly after Maloof left the firm in 1984—“I Mike and his wife Melissa have his promotion to lieutenant junior was getting out of criminal defense three sons, Jake, Alex and Chandler, grade, Cavan received notice of an practice”—and he entered a new and live in Fernandina Beach, Fla., appointment to the JAG Corps, but venture with Fielder Martin. while Sean and his wife Chris within a week came notice of an They formed what later became recently moved from Crestview, “early out.” Martin Cavan & Andersen in Fla., to Washington, D.C. “We were expecting our first Buckhead, a construction law bou- In his spare time, Cavan enjoys child in September,” Cavan tique that essentially merged with his grandchildren and planting in explains, “so Cheryl and I got out.” Gambrell & Stolz in 1993. Cavan the yard. “Cheryl enjoys picking The young couple returned to stayed with the firm until 2001, out flowers and shrubs,” he says, Atlanta with a five-week-old baby, when he was invited to join Miller “and having me plant them. One of a cocker spaniel and no job. It & Martin, a 200-lawyer firm with these days, I will begin work on my wasn’t long, though, before Cavan offices in Chattanooga, Nashville golf game in earnest.” started practicing law with Eddie and Atlanta, where he remains Over the years, Cavan has been and Reuben Garland. In the sum- today. Cavan specializes in con- active in the community, coaching mer of 1970, he went to work as an struction litigation and arbitration, football and softball in the assistant district attorney in DeKalb with most of his work on behalf of Murphey-Candler youth program County under Richard Bell. Two general contractors. in DeKalb County, and serving as years later, he joined now U.S. “I consider myself a problem president of the Buckhead Branch District Judge Owen Forrester as a solver,” Cavan says, “not just of the Atlanta Chamber of special assistant U.S. attorney at a litigator.” Commerce and as a member of the Office of Drug Abuse Law Cheryl is a registered nurse who the chamber’s Forward Atlanta Enforcement. Cavan spent a year has worked at Grady Memorial, Advisory Council.

August 2009 39 “After a number of years, I decided I either needed to continue and serve as an officer, or else get out of the way,” he said. He was elected and served two years as treasurer and one as secretary prior to his election as president-elect. Despite a successful career of pre- senting evidence and arguments, Cavan said he will spend a great deal of his term as Bar president on the other end of the conversation. “I believe we in leadership need to be listening to our members,” he said. “We need to be a State Bar that can be supportive and help them through these lean times—not only those in private practice facing layoffs and unemployment, but also government lawyers and judges who are dealing with severe budget cuts. “We might not hand out T- shirts that say ‘Listening Tour 2009-10,’ but I do look forward to going around the state and meeting with our fellow lawyers,” he continued. “I enjoy being with lawyers—all shapes, sizes and different career paths. We all have similar goals: helping each other and helping the justice system.” Embarking on his year of being the “go-to guy” for more than 40,000 Georgia lawyers, Cavan gives credit to those who have helped him along the way. “I’ve been associated with some

Photo by www.hollyallain.com incredible people,” he said, sin- Bryan and Cheryl Cavan with their six grandsons. (Top to bottom) Jake, Alex, Will, Zach, gling out onetime law partner and Chandler and Nicholas. former U.S. Sen. David Gambrell He is also a co-founder of served on the State Bar’s Overview as a special mentor. “And I don’t the DeKalb Volunteer Lawyers Committee for the General think any of this would be possi- Foundation and served on its Counsel’s Office and the Statewide ble without the support of my Board of Directors until 2008. He Judicial Elections Committee. wife and my law partners. I also “went through the chairs” of elect- In 1995, he ran for an open seat attribute an awful lot to my pared office in the DeKalb Bar on the Bar’s Board of Governors ents and my upbringing, how to Association, serving as president and won a three-candidate treat other people. Family, faith in 1982-83, but at the time was race. Since that time, Cavan has and friends—that’s the core of all not being pulled toward State chaired the Disciplinary Board of us.” Bar leadership. Investigative Panel, the Law That began to change in 1988, Practice Management Committee Linton Johnson is a when Cavan was appointed by Gov. and the Uniform Rules of media consultant to the Joe Frank Harris to the Governor’s Court Committee and Judicial State Bar of Georgia. Conference on Justice in Georgia, Procedure and Administration. and he co-chaired its Committee on He was elected to the Executive Prison Overcrowding. He later Committee in 1999.

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August 2009 41 GBJ Feature

Former Chief Justice Receives State Bar of Georgia Distinguished Service Award

by Derrick W. Stanley

he Distinguished Service Award is the high- Fletcher is a graduate of University of Georgia School of Law. He began his law practice as an associ- est honor bestowed by the State Bar of ate in the law firm of Matthews, Maddox, Walton & Smith in Rome, and in 1963 moved to LaFayette to Georgia for conspicuous service to the cause form a partnership with Irwin W. Stolz Jr. and the late T George P. Shaw, later establishing the Fletcher & of jurisprudence and to the advancement of the legal Womack Law Firm in LaFayette and, after retirement from the Supreme Court of Georgia, joining the firm of profession in the state of Georgia. The 2009 recipient, Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP, in Rome. the Hon. Norman S. Fletcher, was honored with this Fletcher was appointed by Gov. Joe Frank Harris to the Supreme Court of Georgia in 1989, served as pre- most prestigious award during the Bar’s Annual siding justice from 1995 through 2001, was sworn in as chief justice on June 28, 2001, and served on the Board Meeting June 19 at Amelia Island, Fla. of Directors of the Conference of Chief Justices from 2003-05. The award was presented at the plenary session He has also been active in the Bar and has served as where the Board of Governors and attendees gave a co-chair of the State Bar of Georgia Commission on standing ovation to Fletcher as he was presented his Lawyer Disciplinary Reform in 1989, as a member of the resolution. Due to prior travel arrangements, the State Disciplinary Board (1984-87), chair of the award was presented earlier than usual which added Investigative Panel (1986-87), chair of the Local to the surprise for Fletcher. Government Section of the State Bar (1977-78), president “Among the many accomplishments of this year’s of the City Attorneys Section of the Georgia Municipal honoree, the State Bar of Georgia specifically attributes Association (1978-79), board member of the Attorney’s the establishment and maintenance of an indigent Title Guaranty Fund (1971-75) and president of the defense system in our state largely to the diligent lead- Lookout Mountain Circuit Bar Association (1973-74). ership and ongoing personal involvement of this indi- Fletcher has a long record of community service, vidual,” said Jeffrey O. Bramlett, president of the State including three terms on the Board of the LaFayette Bar, in making the presentation. “His long record of Chamber of Commerce, serving as president of the service and the unfailing dedication, spirit and integri- LaFayette Rotary Club, as a ruling elder of Peachtree ty with which he has served since his admission to the Presbyterian Church, as an officer in the First Bar in 1958 are a credit to the profession and an inspi- Presbyterian Church of Rome, LaFayette Presbyterian ration to all Georgia lawyers.” Church and Cherokee Presbytery and as a commis-

42 Georgia Bar Journal Photo by Sarah I. Coole 2008-09 President Jeffrey O. Bramlett presents Hon. Norman S. Fletcher with the 2009 Distinguished Service Award for his “conspicuous service to the cause of jurisprudence and to the advancement of the legal profession in the state of Georgia.”

sioner to the Presbyterian Church tice system and the State Bar of USA General Assembly in 1984 Georgia for more than 50 years. and 1985. The State Bar of Georgia express In 1999 he was presented the es its gratitude and appreciation to Harold G. Clarke Award by the Honorable Norman S. Fletcher for Georgia Indigent Defense Council his many years of devotion to the “in recognition of his long-term legal profession, the justice system commitment and dedication to the and the people of Georgia by pre- cause of ensuring equal justice for senting him with the Distinguished all of Georgia’s citizens” and he Service Award. received the Atlanta Bar Fletcher’s contributions to the Association’s Leadership Award in bench and bar throughout his career 2002 “for inspiring by his example, exceeded the qualifications for this challenging by his deeds, remind- award; moreover, it was his diligent ing us all of our debt to our profes- dedication and unremitting dedica- sion and our community.” tion that earned him the declaration. In addition to being honored this Congratulations to Justice Fletcher year with the Distinguished on embodying the spirit of the Service Award, Fletcher was also Distinguished Service Award. the recipient of the eighth annual Chief Justice Thomas O. Marshall Derrick W. Stanley is Professionalism Award, presented the section liaison for by the State Bar of Georgia. the State Bar of The legal community and the citi- Georgia and can be zens of Georgia owe a debt of thanks reached at to Fletcher for his tireless and self- [email protected]. less service to the profession, the jus-

August 2009 43 GBJ Feature

Lawyers Foundation of Georgia Returns to Amelia Island

by Lauren Larmer Barrett

melia Island Plantation once again provid-

ed a beautiful backdrop where the fellows A of the Lawyers Foundation gathered to conduct their business. The Foundation’s events, held during the Annual Meeting of the State Bar, included a silent auction and fellows meeting, as well as a joint dinner with the Chief Justice’s Commission on

Professionalism and the annual Fun Run.

While the annual silent auction was not quite as successful initially as in previous years, grossing $10,000 onsite, the opportunity to participate in the Second

Chance Auction is still going on, so it is possible that the Photo by Mary McAfee final number will increase! With the adverse economic Race participants enjoy beautiful views as they make their way toward conditions that have fallen upon us, we are grateful for the finish line during the annual Fun Run. everyone’s contributions. Thank you to all who worked of the resort. In spite of the intense heat, all of the so hard finding items for us—we couldn’t do it without participants completed the race. The excitement of you. And of course, thanks to everyone who placed receiving the T-shirt at the finish was eclipsed by bids. We appreciate your support. that for the welcome bottle of water. Race partici- The annual Fun Run, co-sponsored with the YLD pants were certainly thankful that the event began a and Capitol Partners, was held on the beach in front bit earlier than in the past.

44 Georgia Bar Journal The fellows meeting was held on Thursday after- Special Thanks to Our Event Sponsors noon, competing with the beach, the pool and the golf course. In spite of the many distractions, the meeting Alston & Bird LLP Georgia State College of Law drew a good crowd, and those present received an Atlanta’s John Marshall Georgian Bank update on the Foundation and elected officers and Law School IKON trustees for the upcoming year. Baker Donelson Bearman King & Spalding LLP The Fellows Dinner was a joint effort with the Chief Caldwell & Berkowitz, PC Malone Law Justice’s Commission on Professionalism to celebrate Balch & Bingham LLP Mauldin & Jenkins CPAs, LLC the 20th anniversary of the Commission. (See page 76 Bondurant Mixson Miller & Martin PLLC for all the details.) & Elmore LLP Oliver & Maner LLP To all those who support the Lawyers Foundation of Butler, Wooten Pope, McGlamry, Kilpatrick, Georgia, thank you! The continued growth of the & Fryhofer LLP Morrison & Norwood LLP Foundation is due to your participation and contributions. Coca-Cola Mercer Law School If you have any questions about the mission, programs or Cochran, Cherry, Givens, Sandy Springs Bar Association events of the Foundation, please contact Lauren Larmer Smith, Sistrunk & Sams, PC Stetson University College Barrett, 104 Marietta St. NW, Suite 630, Atlanta, GA Daughtery, Crawford, Fuller of Law 30303; [email protected]; 404-659-6867. Brown, LLP Strickland Brockington Emory University School of Law Lewis LLP Lauren Larmer Barrett is the executive Gate City Bar Association University of Georgia director of the Lawyers Foundation of Georgia Association School of Law Georgia and can be reached at lfg_ of Black Women Attorneys United Parcel Service [email protected]. Georgia Association Watson Spence LLP for Women Lawyers Young Lawyers Division

Past Presidents Jimmy Franklin (2001-02) and Gerald M. Edenfield (2007-08) enjoy the LFG/CJCP Dinner.

(Left to right) Lauren Larmer Barrett, executive director, Lawyers Foundation of Georgia, Professor A. James Elliott, Associate Dean, Emory Law School and Avarita L. Hanson, executive director, Chief Justice’s Commission on Professionalism at the CJCP’s 20th Anniversary Celebration.

Justice Carol W. Hunstein and Cathy Fitch, director of Career Development at Stetson University College of Law at the 20th Anniversary Celebration.

August 2009 45 GBJ Feature

2009 Pipeline Features Mentoring Sessions by State Bar Diversity Sponsors by Marian Cover Dockery

ixteen high school students participating in

the 2009 Pipeline Program along with S Emory University School of Law volunteer Laura Lewis and Princeton University senior and volunteer Noel Vinson entered the offices of Alston & Bird

LLP for one of their daily law firm visits. Here the students participated in one-on-one mentoring sessions organized by partner Angela Payne James, chair of the firm’s Atlanta Diversity Committee, and Rosalie

Chamberlain, diversity manager, where 15 firm and Sutherland Washington, Photos by Roger Winners of the written and oral competition pose with Judge Kimberly summer associates gave valuable advice about pursu- Esmond Adams. (Left to right) Chelseay Parks, Tyler Mason, Judge Adams, Danielle Hayes and Kourtney Outlaw. ing legal careers. The group then visited Alston’s court- and Adorno & Yoss where they heard presentations on various topics. Baker’s Charles Huddleston, a partner room where IP partner Frank Smith was preparing for and chair of the Georgia Diversity Program Steering Committee, instructed the students to be “loud and an upcoming trial and explained his craft. proud” when introducing themselves. Four of Baker’s attorneys then shared their diverse backgrounds: part- Earlier that week, the students visited Baker, ner Mark Carlson, a Dartmouth and Harvard Law grad- Donelson, Bearman, Caldwell & Berkowitz, PC, Equifax uate, relayed his humble beginnings as a product of a

46 Georgia Bar Journal SOUTH GEORGIA ADR SERVICE, LLC

MEDIATION and ARBITRATION of personal injury, wrongful death, commercial, real estate and other complex litigation cases. Visit our website for fee schedules and biographies of our panel, 2009 Pipeline students at the oral and written competition hosted by Sutherland. (Back row, left to right) Marian Dockery (director of Diversity Program), Tyler Mason, Ryan Vinson, Danielle comprised of experienced Hayes, Imari Blackwell, Jameek Barnes, Udy Obot, Terence McKenzie and Keelah Jackson Middle and South Georgia (Pipeline teacher). (Front row, left to right) Lanerica Rogers, Jasmine Reid, Noel Vinson (Pipeline trial lawyers and judges. volunteer), Chelseay Parks, Kourtney Outlaw and Brianna Bogan.

single parent household; associate planned the movie ice-breaker that CHARLES R. ADAMS, III – Fort Valley Megan Ouzts, a former college soc- opened the session prior to the THOMAS C. ALEXANDER – Macon cer player who graduated first in luncheon and mentoring sessions. MANLEY F. BROWN – Macon her class; associate Damany The Pipeline Program, JERRY A. BUCHANAN – Columbus Ransom, a Morehouse and launched in 2008, teaches high JOHN D. CAREY – Macon University of Michigan Law school school students critical skills— WADE H. COLEMAN – Valdosta graduate, was branded by his col- specifically grammar, writing and JOHN A. DRAUGHON, SR. – Macon leagues as an exceptionally good speech—needed to successfully JAMES L. ELLIOTT – Valdosta writer; and associate Erica Mason, excel in college and law school. BENJAMIN M. GARLAND – Macon former manager in the entertain- The 2009 program began on May HON. LORING A. GRAY, JR. – Albany ment industry, explained why she 26 and concluded on June 5. State ROBERT R. GUNN, II – Macon decided not to practice entertain- Bar Diversity Program Director JEROME L. KAPLAN – Macon ment law after law school. Marian Cover Dockery developed STANLEY M. KARSMAN – Savannah Darren Moore, senior director the speech curriculum for the pro- BERT KING – Gray and corporate counsel at Equifax, gram while Hapeville Middle HUBERT C. LOVEIN, JR. – Macon taught the students a remedial School teacher Keelah Jackson MICHAEL S. MEYER VON BREMEN – Albany course in handling credit. A panel developed the grammar and writ- S. E. (TREY) MOODY, III – Perry discussion with Equifax’s in-house ing curriculum. Jackson, along PHILIP R. TAYLOR – St. Simons Island counsel coordinated by attorneys with Chas Hamilton Jr., member RONALD C. THOMASON – Macon Richard Goerss and Jennifer Burns of Teach for America Corps, CRAIG A. WEBSTER – Tifton followed, and featured Kristin taught grammar and writing each HON. TOMMY DAY WILCOX, JR. - Macon Brooks, Tamisa Greening and morning to the 16 students. The F. BRADFORD WILSON, JR. – Macon Robin Shetler. Paralegal Shannon law firm of Parker Hudson Ranier Strachan moderated the discussion. & Dobbs LLP provided a light At Adorno & Yoss, partners breakfast each morning before Kenneth Southall, Auma Reggy, classes began. DLA Piper and Cecilly Clark, Matt Williams and AT&T also furnished supplies for 240 THIRD STREET Romy Kapoor and associates Aja the program. MACON, GEORGIA 31201 Diamond, Shawn Johnson, Kurt Attorneys with previous careers (800) 863-99873 or Schaettinger, Roxann Smithers and as English teachers: Mary Bulls, (478) 746-44524 Vickie Carlton-Sadler guided the National Labor Relations Board; FAX (478) 745-22026 attendees on resume writing tech- Chandra Davis, McGuireWoods www.southgeorgiaadr.com niques, effectively preparing for LLP; Trish Treadwell, Parker, interviews and the appropriate use Hudson, Rainer & Dobbs LLP; of e-mail and Facebook pages. Angela Rumson, attorney; and Monica Jones, diversity manager, Genny Zhu, Owen Gleaton Egan

August 2009 47 Jones & Sweeney LLP, assisted in Troutman Sanders, associate former Atlanta mayor Hosea teaching grammar and writing Tashwanda Pinchback greeted the Williams, regarding her experi- during the second week. Local students and shared her words of ences as a teenager during the attorney volunteers, Lovita Tandy, wisdom with the students regard- events in Selma, Ala., and other King & Spalding LLP; John Tyler, ing college, law school and future cities in the South. During a tour AT&T; Darius Patillo, DeKalb careers. Pinchback was followed of the Shepherd Center, outreach County District Attorney’s office; by Melba Hill, who taught an coordinator Pete Collman intro- Kwende Jones, Burr & Forman etiquette class during lunch with duced students to paralyzed LLP; Kevin Wilson, clerk, Supreme partners Mark Newman, Rebecca patients in wheelchairs, many Court of Georgia; Tomesha Faxio, Shanlever and Diane Lidz and close to their own ages. It was a attorney; Fred Dawkins, Freeman associates Shakara Barnes and wake-up call for the students who Mathis & Gary, LLP; Gerry Wells, Pinchback. The next day, Louise learned firsthand of the dangers DLA Piper US LLP; Femi Obadina, Sams, executive vice-president of speeding, driving without seat- Rogers Law Offices; James and general counsel of Turner belts or while talking or texting on Valbrun, Wotorson Thompson & Broadcasting System (TBS), wel- their phones and playing contact Valbrun, P.A.; and Marian comed the students before they sports without helmets. A brief Dockery, Burwell Dearing enjoyed pizza and a “speed men- review of the disability laws Dockery, LLP, taught the daily toring” session with TBS attorneys preceded the tour. speech classes. The teachers evalu- Patty Butler, Keith Henderson, At Swift Currie LLP, the stu- ated and rated the students’ pre- Phillip Walden, Nick Corsello, dents were entertained with a skit sentations on various topics includ- Rachel Ruskin, Rich Taylor, Mira written by associate Ernessa ing the crisis in Korea, the new Koplovsky, Tina Shah, Regine Brawley where two interviewees’ Supreme Court nominee, the NBA Zuber, Segeda Ranjeet, Michelle e-mail addresses and Facebook finals and the pros and cons Hylton, Ray Whitty, David pages were scrutinized. A of monitoring the content Vigilante and Noni Ellison- PowerPoint flashed the contents of Facebook. Southall. CNN paralegals and per- of each Facebook page on the During week two, the students sonnel also participated in the screen. The first candidate, por- visited Cox Communications mentoring event. A tour of CNN trayed by associate Xavier where Marcus Delgado, chief IP capped the students’ visit. Balderas, was very impressive in counsel, and Randy Cadenhead Afternoon sessions included a his interview. But an unprofes- led a presentation on inter- presentation by Dr. Barbara sional e-mail address coupled generational communications. At Williams Emerson, daughter of with the content on his Facebook Photo by Monica Skidmore, Alston & Bird 2009 Pipeline students and volunteers take a break during a session at Alston & Bird LLP.

48 Georgia Bar Journal page, including pictures of the oral presentations on the 1964 Civil Life,” Adams presented monetary candidate in a food fight and Rights Act. The winners of the 2009 awards to the winners. Danielle lying on the sidewalk inebriated, competition were: Hayes received $200, Chelseay countered the excellent interview. Parks and Kourtney Outlaw Associate Jennifer Guerra por- ■ Best Overall Essay and Speech— each received $100 and Tyler trayed the role of a more conserva- Danielle Hayes, junior, Greater Mason received $75 for their tive candidate. While she was less Atlanta Adventist Academy outstanding presentations. impressive than the first candidate ■ Best Essay—Chelseay Parks, For more information about the in her interview, a search of her senior, South Cobb Magnet Pipeline Program and how your Facebook page pictured her posing School firm or company can help, with her mom at college graduation ■ Best Speech—Kourtney contact Marian Cover Dockery and then on a trip to Italy with Outlaw, junior, Grady High at [email protected]. friends, and had a much more pro- School fessional e-mail address. The ques- ■ Honorable Mention, Speech— Marian Cover tion of “Who would you hire?” was Tyler Mason, sophomore, Dockery is an attorney then posed to the students before Druid Hills High School with a background in they broke into small groups. employment discrimi- The Pipeline Program concluded The Hon. Kimberly Esmond nation and the execu- with the written and oral competi- Adams, Fulton County Superior tive director of the tions, judged by Sutherland attor- Court, presented a certificate State Bar of Georgia Diversity ney Jim Johnson and several of completion to each student. Sutherland summer associates, Following her presentation, “Top Program. For more information go who ranked students’ essays and 10 Points for Success in to www.gabar.org/programs. Adorno & Yoss LLC Equifax, Inc. Alston & Bird LLP The Leadership Institute AT&T for Women of Color 2009 Atlanta Journal-Constitution Attorneys, Inc. Atlanta’s John Marshall Law Parker, Hudson, Ranier & School Dobbs LLP Baker, Donelson, Bearman, Sutherland Pipeline Caldwell & Berkowitz, PC Swift, Currie, McGhee Constangy, Brooks & Smith, LLC & Hiers, LLP Cox Communications, Inc. Troutman Sanders LLP Sponsors The Daily Report Turner Broadcasting System, Inc. DLA Piper US

The State Bar of Georgia Diversity Program presents the 17th Annual CLE and Luncheon, Sept. 30, 2009, at the Bar Conference Center from 8 a.m. - 2 p.m.

Please join us for “A Conversation with Chief Justice Carol Huntstein.”

For registration and other information visit www.gabar.org.

August 2009 49 Bench & Bar

Kudos 100 Law Firms for Women.” MultiCultural Law’s list > Lewis Brisbois Bisgaard & Smith LLP was ranked of top 100 law firms for women is part of a series of No. 1 in MultiCultural Law Magazine’s 2009 “Top 100 listings related to the top 100 law firms for diversity. Law Firms for Diversity.” The firm ranked No. 5 in The firm was recently recognized among the the magazine’s “Top 100 Law Firms for Women,” nation’s top law firms for diversity in the Minority No. 7 in the “Top 50 Law Firms for Partners” and Law Journal’s 2009 Diversity Scorecard. This year’s No. 5 in the “Top 25 Law Firms for Hispanics” list- rankings have been revised to stress the importance ings. The “Top 100 Law Firms for Diversity” listing of hiring and promoting minority attorneys to part- ranks the nation’s top firms for excellence in ensur- nership positions. A new diversity score was creating diversity and inclusion in the legal profession. ed by adding the minority percentage of all U.S. attorneys at the firms surveyed to the minority per- > W. Andrew Bowen, of The Middleton Firm in centage of all U.S. partners at those firms. Savannah, was admitted to the Leadership Academy of the Tort Trial & Insurance Practice > Gary W. Farris was selected by the Section (TIPS) of the American Bar Association Atlanta Father’s Day Council as one of (ABA). TIPS is one of the ABA’s most active sec- four recipients of the “Father of the tions facing issues confronting the legal profession Year” award. The Council paid tribute which impact tort law. Bowen was one of only 21 to each of them for their exemplary lawyers nationwide selected into the TIPS commitment to their families, commu- Leadership Academy. Bowen will also serve as a nity involvement and ability to successfully balance vice chair to one of TIPS’ general committees. their personal and business lives, while excelling in their chosen careers. Farris, a partner at Burr & > Miller & Martin PLLC was named a “Top 100 Forman LLP, represents a variety of banks and Law Firm for Diversity” by MultiCultural Law other financial institutions in real estate and com- Magazine, which also ranked the firm as No. 1 in mercial financing transactions. the publication’s list of the “Top 25 Law Firms for African Americans.” > Court of Appeals of Georgia Judge Sara L. Doyle was initiated as an hon- > Brian D. Burgoon was one of two alum- orary member of the Fish Chapter of ni to receive the 2009 Outstanding Phi Alpha Delta law fraternity located Young Alumnus Award from the at the Walter F. George School of Law at University of Florida College of Law in Mercer University in Macon. To qualify April. The award was established by the for honorary membership one must have attained university to recognize alumni under 40 unusual distinction in the legal profession or in the who have distinguished themselves in business, field of law on at least a statewide basis, and be community and service. He is a sole practitioner unanimously approved by the international execu- with The Burgoon Law Firm, LLC, in Atlanta, and tive board of Phi Alpha Delta—the foremost legal focuses his practice on commercial litigation, civil fraternity for men and women law professionals. litigation and personal injury. > J.P. Turner, an independent brokerage firm head- > Pamela F. Everett received the quartered in Atlanta, announced that Scott Radiance Award, an alumni award Holcomb, general counsel for the firm, was selected from the Georgia State University as a Manfred Wörner Fellow for 2009. Holcomb College of Law’s Black Law Students was one of only 15 Americans and 15 Germans Association. The award is presented to selected to attend the Manfred Wörner Seminar an alumna who uses her expertise to held in Germany and Belgium in May. The annual improve humanity. Everett, of counsel with seminar brings together 30 young Americans and Freeman, Mathis & Gary, LLP, focuses her practice Germans to examine German and European securi- in the area of municipal law, providing day-to-day ty policy and to discuss U.S.-German and U.S.- advice to her clients on employment, zoning, con- European security interests. The seminar serves to tracts, procurement and general liability matters. deepen the understanding between participants from both countries and offers an excellent oppor- > Jones Walker announced that MultiCultural Law tunity to broaden professional networks. Magazine named the firm to its annual list of “Top

50 Georgia Bar Journal Bench & Bar

> Amy J. Kolczak, partner with Owen, based on criteria including staying power, growth Gleaton, Egan, Jones & Sweeney LLP, in number of employees, increase in sales or unit was honored in May by the National volume, current and past financial standing, inno- Association of Women Business vative products and services, response to adversity, Owners–Atlanta at the Women evidence of contributions to aid community proj- Entrepreneur (WE) Awards as the WE ects and overall management philosophy. Advocate–Community Professional. The WE Awards were established to recognize the crucial > Womble Carlyle IP attorney William role women-owned businesses play in the growth M. Ragland Jr. was named to the first- of Georgia’s economy. ever IAM 250—The World’s Leading IP Strategists. The list was compiled by > Fisher & Phillips LLP Chairman and Intellectual Asset Management (IAM) Managing Partner Roger Quillen was magazine and recognizes the world’s named to “The Nation’s Most 250 top attorneys, consultants and financiers who Powerful Employment Attorneys— work with intellectual property owners to increase Top 10 for Labor Law.” Human the value of their IP portfolios. To qualify for listing Resources Executive magazine compiled in the IAM 250, individuals had to be nominated by the list of influential employment attorneys on the at least three people who work in organizations basis of curriculum-vitae analyses, evaluations by unrelated to that particular nominee. clients and peers and reporting by the staff of Lawdragon, a Los Angeles-based news and net- > Young, Thagard, Hoffman, Smith & Lawrence, working site for lawyers and clients. LLP, was recognized in the May 2009 issue of Best’s In June, Quillen was also re-elected to the firm’s Review as one of only 69 law firms in the United management committee. The three-member com- States who have been recommended for at least 75 mittee also re-elected Quillen to serve as the consecutive years by the insurance companies they group’s chairman and the firm’s managing partner. have represented. The A.M. Best Company has The Labor Relations Institute (LRI) named Fisher been publishing its Directory of Recommended & Philips LLP partners Douglas R. Sullenberger Insurance Attorneys and Adjusters since 1929. and James M. Walters among LRI’s annual listing of “Top 100 Labor Attorneys” in the United States. > Ogletree, Deakins, Nash, Smoak & Stewart, P.C., announced that Peter B. > Baker, Donelson, Bearman, Caldwell & Murphy was appointed vice chair Berkowitz, PC, announced that Linda of the labor and employment law A. Klein, managing shareholder of the committee of the American Bar firm’s Georgia offices and a member of Association’s Young Lawyers Division. the firm’s board of directors, was recent- The committee provides young attorneys with a ly inducted into the YWCA of Greater practice focus or interest in labor and employment Atlanta’s 2009 Academy of Women Achievers. law with information and opportunities for profes- Klein was recognized at a banquet in May for her sional development and networking. accomplishments in empowering women and elim- inating racism in the Atlanta community. > Arturo Corso, founding partner of Corso, Kennedy Klein was also awarded the Edmund S. Muskie & Campbell, LLP, was named a 2009 Rising Star by Pro Bono Service Award by the American Bar Georgia Super Lawyers. Only 2.5 percent of Georgia Association Tort Trial & Insurance Practice attorneys are named Rising Stars, and combined, Section (TIPS). The award recognizes TIPS mem- they represent more than 60 practice areas. For inclu- bers who exemplify the attributes embodied by the sion and distinction as a Rising Star, attorneys are late Sen. Muskie: his dedication to justice for all cit- selected by the most recent group of Super Lawyers izens, his public service and his role as a lawyer and and independent research by Law & Politics. distinguished leader of the section. > Hitch & Webb, LLC, announced that founding > Freeman Mathis & Gary, LLP, was named one of member Scott E. Hitch was named to the advocacy the Top 25 Small Businesses of the Year by The committee of the Georgia chapter of the U.S. Green Cobb Chamber of Commerce and The Atlanta Building Council. Also, Hitch, one of the few Journal-Constitution. Candidates were evaluated Georgia lawyers who also is a LEED Accredited

August 2009 51 Bench & Bar

Professional, was selected as a 2009 Rising Star by > John Yates, partner, Morris, Manning & Georgia Super Lawyers. Martin, LLP, was chosen to serve on The firm also announced that it was named a Duke University’s Law School Board platinum partner of the Clean Air Campaign and of Visitors. The Board of Visitors advis- has joined the Partnership for a Sustainable es Dean David F. Levi on all matters Georgia, a state-sponsored voluntary environmen- concerning the Duke University School tal leadership initiative. of Law. It also serves as a reporting and recom- mending body to the law school, university admin- > Legal 500 recommended McKenna Long & istration and Board of Trustees on issues including Aldridge LLP as a “tier one” firm for mergers and student development, alumni relations and acquisitions work in the South Atlantic region for fundraising, as well as faculty and academic affairs. the second year in a row. The Real Estate group was The Board of Visitors is the most senior of the law also recognized in Georgia for their real estate and school’s three boards, which communicate the construction work. The Legal 500: U.S. provides interests of alumni and friends to the dean and staff, independent, unbiased commentary on the leading represent the school in the greater community and law firms in the U.S. legal marketplace in various help build the institution through leadership. areas of corporate, intellectual property, litigation, real estate and tax law. > The Associated General Contractors of America (AGC) named Philip E. Beck > Cantor Colburn LLP was awarded a multi-million of Smith, Currie & Hancock vice chair dollar contract with the National Institutes of of the AGC Contract Documents Health to provide patent legal services in the chem- Committee. Beck, a recognized leader ical arts. Cantor Colburn is one of only four law in the construction law and contracts firms in the nation selected for this award. area, previously served on the AGC executive board as the chair of the Service and Supply > Ford & Harrison LLP was named one of Council, and has been extremely active in AGC the top immigration practices in the national as well as the Georgia branch chapter. 2009 edition of Legal 500: U.S. In addition to the practice ranking, Legal 500 > The Georgia Association of Solicitors-General also selected Joycelyn L. Fleming as announced new leadership for 2009-10. Brian one of the top immigration attorneys in Fortner, solicitor-general of Douglas County, will the nation based on her immigration expertise. The lead the association as president. Robert James, Legal 500 is a guide to commercial law firms in the solicitor-general of DeKalb County will serve as United States and it conducts extensive research on the president-elect. Leslie Abernathy, solicitor- lawyers it considers, including interviewing clients. general of Forsyth County, will serve as secretary Additionally, the firm was named to The and Barry Morgan, solicitor-general of Cobb National Law Journal’s inaugural “Midsize Hot County, will be treasurer. Officers of the associa- List.” The list honors 20 law firms that demonstrate tion are elected for a one-year term after being exemplary innovation in practice management, fee nominated by the executive board and voted on by arrangements, attorney recruitment and retention, the membership body at the annual spring meet- and business development, especially in the face of ing of the association. current economic challenges. > Kilpatrick > C. Richard Langley, senior partner with Stockton Langley & Lee, LLC, was recently board announced that certified by the American Board of partner Rupert Professional Liability Attorneys Barkoff was (ABPLA) in the field of medical profes- once again Barkoff Stevens Jones sional liability. The ABPLA is accredit- named a Legal ed by the American Bar Association to certify attor- Eagle in Franchise Times’ annual listing of the nation’s neys in accordance to the highest standards of expe- top franchise attorneys. The recognition appeared in rience, ethics and education. the May 2009 issue of Franchise Times. James Stevens, a partner in the firm’s corporate department, was selected to serve as chairman of the Bank Counsel of the Georgia Bankers

52 Georgia Bar Journal Bench & Bar

Association. The Georgia Bankers Association is NE, Atlanta, GA 30326; 404-233-7000; Fax 404-365- the trade and professional organization represent- 9532; www.mmmlaw.com. ing the interests of banks and thrift institutions in the state of Georgia. > Kilpatrick Stockton announced that Gary E. Alicia Grahn Jones, an associate in Kilpatrick McClanahan joined the firm’s Atlanta office as Stockton’s intellectual property department, was counsel. McClanahan comes to Kilpatrick Stockton selected to serve as vice-president of public affairs from Baker, Donelson, Bearman, Caldwell & on the 2009-10 board of the Georgia Association for Berkowitz, PC, and will be a member of the firm’s Women Lawyers. health & life sciences team in the corporate department. The office is located at Suite 2800, 1100 On the Move Peachtree St., Atlanta, GA 30309; 404-815-6500; Fax 404-815-6555; www. kilpatrickstockton.com. In Atlanta > Baker, Donelson, Bearman, Caldwell & Berkowitz, > McKenna Long & Aldridge LLP announced that PC, announced that Howard Hirsch, Michael Rafter Shannon C. Baxter joined the firm as of counsel and Kevin McGill joined the firm, adding a signifi- in its Atlanta office. Baxter focuses her practice on cant real estate investment trust practice to the office. the representation of creditors and borrowers in Hirsch and Rafter joined as shareholders, and McGill commercial lending transactions. The firm is as an associate. All three attorneys were previously located at 303 Peachtree St. NE, Suite 5300, with Bryan Cave Powell Goldstein LLP in Atlanta. Atlanta, GA 30308, 404-527-4000; Fax 404-527- Scott N. Sherman, previously an associate at 4198; www. mckennalong.com. Alston & Bird, joined the firm as of counsel in the Atlanta office in the firm’s business litigation > Krieg DeVault LLP announced that Randolph R. practice. The firm is located at Monarch Smith Jr. joined the firm’s Atlanta office as a part- Plaza, Suite 1600, 3414 Peachtree Road NE, ner. Smith will concentrate his practice on ESOP Atlanta, GA 30326; 404-577-6000; Fax 404-221-6501; transactions, either as trustee counsel or as compa- www.bakerdonelson.com. ny counsel, and also in corporate and securities and investment funds. The office is located at > David M. Janet joined the One Glenlake Parkway, Suite 700, Atlanta, Atlanta office of Stites & GA 30328; 317-636-4341; Fax 317-636-1507; Harbison as counsel. His www.kriegdevault.com. practice focuses on licensing and transactional mat- > Jenifer Niedenthal joined the Atlanta office of ters in the technology, Womble Carlyle. Her practice concentrates in the Janet Moore telecommunications, soft- area of business litigation in the state and federal ware, life sciences, financial services and entertain- courts and in arbitration forums, including the ment business sectors. AAA, NASD and NYSE. The firm is located at 271 Dominick M. Moore joined the firm as an asso- 17th St. NW, Suite 2400, Atlanta, GA 30363; 404-872- ciate. Moore serves clients in the areas of business 7000; Fax 404-888-7490; www.wcsr.com. law, securities and finance and general corporate law. The office is located at 303 Peachtree St. NE, > Littler Mendelson announced the 2800 SunTrust Plaza, Atlanta, GA 30308; 404-739- addition of L. Traywick Duffie as its 8800; Fax 404-739-8870; www.stites.com. newest shareholder to the firm’s Atlanta office. Duffie advises and rep- > Partners C. Glenn Dunaway and Stephen B. resents corporate clients on a broad Schrock, of counsel Chuck Connors, and associ- range of employment and labor matters ates Karen Reschly and Rebecca Vandiver have including employment litigation, union organiz- joined Morris, Manning & Martin, LLP, from ing, wage-hour, unfair competition, workplace Bryan Cave Powell Goldstein. Together, they com- safety and ERISA. The office is located at 3344 pose the new the timberland investments and forest Peachtree Road NE, Suite 1500, Atlanta, GA 30326; products practice, which consists of an integrated 404-233-0330; Fax 404-233-2361; www.littler.com. team of experienced lawyers from multiple disci- plines, pulling primarily from the corporate and > Kaye Woodard Burwell, James E. Dearing Jr. and commercial real estate groups. The firm is located at Marian Cover Dockery announced the formation 1600 Atlanta Financial Center, 3343 Peachtree Road of Burwell Dearing Dockery, LLP. The firm pro-

August 2009 53 Bench & Bar

vides legal services in complex litigation, immigra- In Washington, D.C. tion, employment discrimination, labor, real > Retired Army Lt. Col. Margaret C. Johnson joined estate, financial services and diversity training. the Department of Defense Office of the General The firm is located at 730 Peachtree St. NW, Suite Counsel as a habeas project attorney. Johnson pre- 560, Atlanta, GA 30308; 404-870-0010; Fax 404-870- viously served as deputy staff judge advocate of the 0008; www.burwelldearing.com. Office for the Administrative Review of the Detention of Enemy Combatants (OARDEC) with > Angela B. Hitch, Patrick B. Webb and Scott E. headquarters in Washington, D.C. and forward oper- Hitch announced that they have formed Hitch & ations in Guantanamo Bay, Cuba, where she was Webb, LLC. The firm, with offices in Atlanta and awarded the Defense Meritorious Service Medal for Roswell, focuses on business strategy, compliance Outstanding Service for her service at OARDEC. The counseling and resolution of disputes involving Department of Defense Office of the General Counsel environmental, sustainability, renewable energy is located at 1600 Defense Pentagon, Washington, DC and green building issues; corporate, technology 20301; www.dod.mil/dodgc/. and commercial real estate matters and transactions; and trusts, estates and probate matters. Its > R. Jason Fowler joined Covington & members include one of the only LEED-accredited Burling LLP as an associate in the firm’s attorneys practicing in Georgia. The firm’s Atlanta litigation and intellectual property groups. office is located at 1375 N. Highland Ave., Atlanta, The firm is located at 1201 Pennsylvania GA 30306; 404-226-7766. The Roswell office is locat- Ave. NW, Washington, DC 20004; 202- ed at 325 Watercress Drive, Roswell, GA 30076; 404- 662-6000; Fax 202-662-629; www.cov.com. 580-1270; www.hitchwebb.com. In Marietta > Steven A. Ellis announced the opening of The Ellis Law Firm, LLC. The firm Consumer practices in the areas of estate planning, Pamphlet family law and all civil litigation. The firm is located at 2501 E. Piedmont Series Road, Suite 105, Marietta, GA 30062; 770-575-5715; www.ellislawonline.com. The State Bar of Georgia’s Consumer In Norcross Pamphlet Series is available at cost to > Rubin Lublin, LLC, announced that Bar members, non-Bar members and Erica Malcom joined the firm as an organizations. Pamphlets are priced associate. Malcom’s primary focus is cost plus tax and shipping. pre-title research and curative proce- Questions? Call 404-527-8792. dures for Georgia and Tennessee. The firm is located at 3740 Davinci Court, The following pamphlets are available: Suite 100, Norcross, GA 30092; 770-246-3300; www.rubinlublin.com. Advance Directive fo Health Care Auto Accidents Bankruptcy Buying a Home In Birmingham, Ala. Divorce How to Be a Good Witness How > David Bowsher joined Adams and to Choose a Lawyer Juror's Manual Reese, LLP, as special counsel in the firm’s Birmingham office. He previous- Lawyers and Legal Fees Legal Careers Legal ly served as acting general counsel of Rights of Nursing Home Residents Patents, the U.S. Department of Commerce in Trademarks and Copyrights Selecting a Washington D.C. Bowsher’s legal prac- Nursing Home Selecting a Personal Care tice focuses on corporate restructuring, bankruptcy issues and mergers and acquisitions. He will also Home Wills spend time in the firm’s D.C. office on governmen- tal relations matters. The office is located at Concord Center, 2100 Third Ave. N, Suite 1100, Visit www.gabar.org for an order form and more Birmingham, AL 35203; 205-250-5000; Fax 205-250- information or e-mail [email protected]. 5034; www.adamsandreese.com.

54 Georgia Bar Journal Bench & Bar

2009 Chambers USA Each year, Chambers USA publishes a list of the top law firms and attorneys across the United States. It determines the rankings through thousands of in-depth interviews with randomly selected attorneys, clients and businesses.*

Burr & Forman LLP W. Stanley Blackburn David Stockton Morris, Manning & Erich N. Durlacher James F. Bogan III Mitchell G. Stockwell Martin, LLP Gary W. Farris William Boice Phillip Street Charles R. Beaudrot Oscar N. Persons Richard Boisseau Jerre Swann Fredrick C.C. Boyd III Edgar Snow William H. Brewster Neal Sweeney Jeanna A. Brannon Peter R. Spanos Susan Cahoon David M. Zacks Cassady V. Brewer Richard R. Cheatham David W. Cranshaw Fisher & Phillips LLP McKenna Long & Thomas H. Christopher Jason D’Cruz Robert W. Ashmore Aldridge LLP Richard Cicchillo Jr. Frank W. DeBorde Sarah J. Hawk David L. Balser A. Stephens Clay John Fry Tex McIver S. Derek Bauer James Coil Thomas Gryboski Ann Margaret Pointer R. Daniel Beale Brian Corgan Gerald L. Pouncey Jr. Thomas P. Rebel Wayne N. Bradley Scott M. Dayan William J. Sheppard Douglas R. Sullenberger Bruce P. Brown William Dorris Robert C. Threlkeld Kim Kiel Thompson Charles E. Campbell Jim Ewing Jack D. Todd John E. Thompson L. Craig Dowdy Candace L. Fowler Stacey D. Turner Amy E. Fouts Ford & Harrison LLP Lynn E. Fowler John C. Yates Richard B. Hankins Jeffrey W. Bell Randall F. Hafer Tim Tingkang Xia Scott A. Harty Joycelyn L. Fleming R. Charles Henn Jr. Joann Gallagher Jones Womble Carlyle Patricia G. Griffith Joseph P. Henner Mark S. Kaufman Sandridge & Rice, PLLC David C. Hagaman Richard Horder James D. Levine Steven S. Dunlevie Thomas J. Kassin Hilary P. Jordan Gary W. Marsh Louis T. Isaf John L. Monroe Jr. Wab P. Kadaba Summer H. Martin William M. Ragland Jr. Frederick L. Warren Andrew Kauss Charlene L. McGinty John F. “Sandy” Smith Alfred Lurey Holland & Knight LLP Kathlynn Butler Polvino James F. Vaughan Dennis Meir Thomas B. Branch III James C. Rawls Todd Meyers *This is not a complete Harold T. Daniel Jr. Todd Silliman Daniel J. Mohan list of all State Bar of Laurie Webb Daniel William Stevens Steven D. Moore Georgia members includ- Charles S. Johnson III Charles Weiss George L. Murphy Jr. ed in the publication. The Caroline J. Tanner John Pratt Miller & Martin PLLC information was compiled Kilpatrick Stockton LLP Diane L. Prucino Bryan M. Cavan from Bench & Bar submis- Miles Alexander Susan Richardson sions from the law firms W. Benjamin Barkley Paul M. Rosenblatt above for the August Joseph M. Beck Jerry Smith Georgia Bar Journal.

Update Your Member Information Keep your information up-to-date with the Bar’s membership department. Please check your information using the Bar’s Online Membership Directory. Member information can be updated 24 hours a day by visiting www.gabar.org/member_essentials/address_change/.

August 2009 55 Office of the General Counsel

Keeping Secrets

by Paula J. Frederick

“ ey Judi,” says the voice on the other end of

the line. “One of your former clients, a guy H named Nick McDowell, hired me this afternoon. He wants me to pick up his PI case. He brought me a copy of the file and I’m sure we can work out your fee on a quantum meruit basis. But tell me—why’d you withdraw? Looks like a pretty clear case of liability.”

Your response is met with stunned silence, then “Whaddya mean, you can’t tell me?” the caller sputters. “I’m ethically bound to keep Nick’s secrets,” you reply. “Tell you what—have him call to give me permission, and I’m happy to tell you everything I know.” “But I’m his new lawyer!” the caller cries. “You won’t waive attorney-client privilege by talking to me!” “It’s not mine to waive,” you remind him. “Besides—I’m not talking about attorney-client privilege; I’m concerned about the ethics rule on confi- Exceptions to the Rule allow a lawyer to reveal infor- dences and secrets. I’ve got to keep Nick’s confi- mation to prevent serious bodily injury or death, to dences—even from you, unless I get an OK from him.” avoid or prevent harm or substantial financial loss to “Man, you sure are a stickler,” the caller says before another as the result of criminal conduct or to defend agreeing to have Nick call you. against a claim by the client that the lawyer has done Sighing, you pull out the Georgia Rules of something wrong. The exceptions are not mandatory, Professional Conduct to be sure you are on firm ground. and a lawyer does not act unethically if she declines to Georgia’s Rule 1.6 broadly defines the confidentiality reveal information under any of the situations outlined requirement. The Rule requires a lawyer to keep in con- at Rule 1.6(b). fidence all information gained in the professional rela- In short, there is no special exception to the Rule that tionship with a client unless the client consents to its allows a lawyer to reveal confidential information to release, or unless the information falls within an excep- successor counsel without the client’s permission. It tion to the Rule. In addition, it allows disclosure of will be a rare instance where the client does not readily information necessary to carry out the representation, give his permission—usually when he’s got something information which is disclosed because the law requires to hide. In those cases successor counsel will have to it or information disclosed pursuant to Court order. reach his own conclusions. The attorney-client privilege is an evidentiary privilege that is much narrower than the confidentiality Paula Frederick is the deputy general rule. For example, the confidentiality rule applies to all counsel for the State Bar of Georgia and information relating to representation, regardless of its can be reached at [email protected]. source, and a client does not waive her right to have information kept confidential simply by having third parties present when a disclosure is made.

56 Georgia Bar Journal Let CAP Lend a Helping Hand!

What is the Consumer Assistance Program? What doesn’t CAP do? The State Bars Consumer Assistance Program (CAP) helps peo- CAP deals with problems that can be solved without resorting ple with questions or problems with Georgia lawyers. When to the disciplinary procedures of the State Bar, that is, filing a someone contacts the State Bar with a problem or complaint, a grievance. CAP does not get involved when someone alleges member of the Consumer Assistance Program staff responds to serious unethical conduct. CAP cannot give legal advice, but the inquiry and attempts to identify the problem. Most problems can provide referrals that meet the consumers need utilizing can be resolved by providing information or referrals, calling the its extensive lists of government agencies, referral services lawyer, or suggesting various ways of dealing with the dispute. and nonprofit organizations. A grievance form is sent out when serious unethical conduct may be involved. Are CAP calls confidential? Does CAP assist attorneys as well as consumers? Everything CAP deals with is confidential, except: 1. Where the information clearly shows that the lawyer has Yes. CAP helps lawyers by providing courtesy calls, faxes or misappropriated funds, engaged in criminal conduct, or letters when dissatisfied clients contact the program. intends to engage in criminal conduct in the future; Most problems with clients can be prevented by returning calls 2. Where the caller files a grievance and the lawyer promptly, keeping clients informed about the status of their involved wants CAP to share some information with the cases, explaining billing practices, meeting deadlines, and Office of the General Counsel; or managing a caseload efficiently. 3. A court compels the production of the information. The purpose of the confidentiality rule is to encourage open communication and resolve conflicts informally.

Call the State Bar’s Consumer Assistance Program at 404-527-8759 or 800-334-6865 or visit www.gabar.org/cap. Lawyer Discipline

Discipline Summaries April 11, 2009 – June 14, 2009

by Connie P. Henry

Disbarments No. 339935). The following facts are admitted by Paul L. Hanes default: In 2003 Hayes was retained to represent two Atlanta, Ga. people following an automobile accident. He filed Admitted to Bar in 1964 suit against the car’s owner, the car’s driver and the On April 28, 2009, the Supreme Court of Georgia dis- owner’s insurance company. The suit was dismissed barred attorney Paul L. Hanes (State Bar No. 323300). as to the insurance company as an improper direct This matter was before the Court pursuant to a Notice action against an insurance company. The suit was of Discipline, which Hanes did not properly reject. dismissed as to the owner and/or driver for untime- Hanes became ineligible to practice law on Sept. 1, 2006, ly service. Hayes never informed his clients that the due to the non-payment of bar dues and was adminis- insurance company had filed a motion for attorney tratively suspended on Oct. 1, 2007. The Supreme Court fees and sanctions against them, of any hearing in the suspended Hanes on March 15, 2007, for non-compli- case, of the dismissal of any parties or that attorney ance with CLE requirements. Hanes represented a fees had been assessed against them. The clients client in a civil litigation matter during which time he learned of the motion for attorney fees when they became ineligible to practice law, but he did not inform retrieved their file from the court. Hayes acknowl- his client, seek to withdraw or protect the client’s inter- edged service of the Notice of Investigation, but did ests. After Hanes failed to respond to a summary judg- not submit a sworn response. It is unclear whether ment motion, the trial court granted summary judg- the clients were able to appeal or reinstate their ment against the client. Hanes acknowledged service of suit and it appears that Hayes has abandoned his the Notice of Investigation, but did not respond. law practice. The Court found in aggravation of discipline that Hanes failed to respond to the Notice of Investigation, David A. Harris and that he received an Investigative Panel Reprimand College Park, Ga. in 2003. Admitted to Bar in 1998 On May 18, 2009, the Supreme Court of Georgia dis- Daniel Richard Hayes barred attorney David A. Harris (State Bar No. Peachtree City, Ga. 329610). The following facts are admitted by default: Admitted to Bar in 1999 In July and August 2007 the Office of the General On May 18, 2009, the Supreme Court of Georgia Counsel received written notice that three items total- disbarred attorney Daniel Richard Hayes (State Bar ing $32,692.64 presented on Harris’s attorney trust

58 Georgia Bar Journal account had been returned for insufficient funds. Harris claimed 5IF(FPSHJB"DBEFNZPG.FEJBUPST"SCJUSBUPST the overdrafts resulted from theft WWW'EORGIA-EDIATORSORG by an employee; however, he failed to provide documentation supporting his claim. On April 16, 'JOEJOHUIFSJHIUOFVUSBM 2008, Harris accepted service of the Notice of Investigation, but did BOEDIFDLJOHUIFJSEBUFBWBJMBCJMJUZ not respond. The Court had previously suspended Harris from the KVTUHPUNVDIFBTJFS practice of law on Aug. 7, 2008. 3AVE(OURS6ISIT'EORGIASh!$2!LL 3TARvASSOCIATIONDIRECTLYAT Robert P. Copeland WWWGEORGIAMEDIATORSORGQUICKSEARCH Marietta, Ga. Admitted to Bar in 1995 On June 8, 2009, the Supreme Court of Georgia accepted the peti- N D L tion for voluntary discipline of Norwitch Document Laboratory attorney Robert P. Copeland (State Forgeries - Handwriting - Alterations - Typewriting Bar No. 186825). Copeland pled Ink Exams - Medical Record Examinations - “Xerox” Forgeries guilty in the U.S. District Court for the Northern District of Georgia to F. Harley Norwitch - Government Examiner, Retired one count of wire fraud. Court Qualified Scientist - 27 years. Expert testimony given in Interim Suspensions excess of three hundred times including Federal and Off-shore Under State Bar Disciplinary 1 17026 Hamlin Boulevard, Loxahatchee, Florida 33470 Rule 4-204.3(d), a lawyer who www.questioneddocuments.com receives a Notice of Investigation Telephone: (561) 333-7804 Facsimile: (561) 795-3692 and fails to file an adequate response with the Investigative Panel may be suspended from the practice of law until an adequate response is filed. Since April 11, 2009, six lawyers have been suspended for violating this Rule, and two have been reinstated.

Connie P. Henry is the clerk of the State Disciplinary Board and can be reached at [email protected].

A-A-A ATTORNEY REFERRAL SERVICE Is your phone ringing like it used to? We refer over 17,000 callers to our attorneys monthly. Are you ready to For the most up-to-date information on start getting referrals? Call us today! 1-800-733-5342 or 1-800-260-1546. lawyer discipline, visit the Bar’s website Or e-mail us at [email protected] at www.gabar.org/ (800) 733-5342 ethics/recent_discipline/. 24-hour paging: (888) 669-4345 [email protected]

August 2009 59 Law Practice Management

Keys to Building Up Relationships in a Down Economy

by Natalie R. Kelly

he lingering economic downturn has created

many opportunities for lawyers to redefine T themselves, their practices and their relationships with clients. Personal and law firm marketing have become some of the most important areas of focus for lawyers working through these tough times and more positive times to come. Here is a basic overview of some opportunities which you may decide to take advantage for yourself or your firm. Classic Marketing Opportunities Networking The networking lunch has not met its death. It is very important to reach out to past and current clients and, in cases where you have been introduced, to potential clients. Spend time discussing your brand, how your firm has changed or will change to adjust for the new times to come and about your area of expertise to solidify some of your existing relationships and extend similar courtesies to others. Client closing letters are great ways of making sure Photo by Luca Apolito you have educated your clients on your practice and the type of work they can send to you in the future. Do Speaking Engagements and Writing not underestimate the power of a well-worded closing Opportunities to speak and write on topics related to letter to get your brand and new marketing message economic shifts, new laws and other issues of the times across to an audience. are more plentiful. By accepting these types of engage-

60 Georgia Bar Journal ments, you are able to work on check to see if your office technol- Legal Marketing Resources becoming an expert or specialist in a ogy is meeting the bill when help- You can find more ways to build particular field. ing keep client relationships in vital business relationships from good standing. Does your case information provided by some of Referral Network management or practice manage- the following resources: Keep in touch with old contacts ment techniques drive effective and make sure you have a firm to communication with your ■ www.lawpractice.org refer business to that you are not clients? How often are you in ■ www.lawmarketing.com able to handle. Reciprocity for touch and are you getting any ■ www.internetmarketing paying business is not always new business or interest in your attorney.com immediate when it comes to firm with this outreach? referrals, but making sure you Relationships are the corner- have the network in place is Social Networking Sites stones of effective law office market- essential during these times. The Social media marketing has sky- ing plans. If you need more assis- number of cases that can come rocketed over the past year, and tance with developing a plan to fos- from referrals remains one of there has been much focus on ter relationships via the opportuni- the top ways of getting business using Facebook, LinkedIn and ties discussed here, please contact for lawyers. more recently Twitter to market the Law Practice Management law practices. Staying on top of Program at 404-526-8772. Electronic/New Age profiles and contacts that are tied Opportunities to or made from these sites can Natalie R. Kelly is the help foster business. Opportunities director of the State In-house Technology abound for finding business from Bar of Georgia’s Law Technology has presented a online sources as it becomes more Practice Management full bevy of solutions for building common for consumers to seek Program and can be relationships. While these have legal services by going through reached at been mainly online, you should online sources. [email protected].

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August 2009 61 South Georgia Office

Giving Their All for Kids by Bonne Cella

“There can be no keener revelation of a society’s soul than the way in which it treats its children.” Nelson Mandela

ttorneys continually give back to the com-

munity. Of all the ways and programs A available, few are nobler than assisting as child advocates. There have been three notable individuals in the southern part of the state who deserve recognition. The impact their work has on the lives of our young is far-reaching and immeasurable.

Bob Clyatt, a worker’s compensation attorney from Valdosta, witnessed the life-shattering consequences to families of seriously or fatally injured workers on a day-to-day basis. In the wake of this devastation, the dream of providing higher education and a better life for the children of the victims all but vanished. While taking a deposition from an injured worker in Albany in 1987, Clyatt was interrupted by a small girl who ran State Court Judge Larry Mims with Summer Stephenson, the county- into the room and hugged her father. He was struck by wide winner of the First Impressions Essay Contest. the thought that this child, through no fault of her own, could be deprived of opportunities that normal chil- injured or deceased workers. Today, his vision is flour- dren have because of her father’s injury. Memories of ishing with 37 states sponsoring Kids’ Chance. With the little girl kept invading his thoughts. “How could over $5 million raised in Georgia alone and 600 schol- kids like her have a chance? These kids need a chance. arships awarded, Clyatt is understandably enthusiastic Kids’ Chance”—the phrase would not leave his mind. about Kids’ Chance and readily acknowledges the In 1988, Clyatt (with the help of the Worker’s members of the State Bar and the other agencies that Compensation Law Section of the State Bar of made it happen. His passion for Kids’ Chance is conta- Georgia)1 founded Kids’ Chance—an organization to gious and he stands ready to go the distance for its con- raise money to fund scholarships2 for the children of tinued success.

62 Georgia Bar Journal as Angels in Adoption—a citation The First Impressions Project. given to those who enrich the lives Mims acknowledges with grati- of foster children and orphans. tude all of the volunteer attorneys, State Court Judge Larry Mims is court personnel, teachers and oth- a man on a mission and that mis- ers for their support of his efforts sion is all about improving the lives for the sake of children. of kids. After graduating from Cornell University and the Bonne Cella is the University of Georgia School of office administrator at Law, this Tifton native returned to the State Bar of his hometown with wife Joyce. In Georgia’s South 1994 they organized Mims Kids. Georgia Office in This enrichment program opens Tifton and can be the world to at risk kids between reached at [email protected]. the ages of five and 13 through art Bill Rumer and his children. (Clockwise, left and travel while improving their Endnotes to right) Nick, Bill, Sam, Tasha and Laura. self-esteem. They have taken pro- 1. The book A History of Workers’ Columbus attorney Bill Rumer gram participants to New York Compensation in Georgia, by Jan and wife Becky enjoy children and City and Washington D.C. They Pogue and Tom Poland, is avail- all of the activities that benefit chil- have also spent time visiting able for sale through the Worker’s dren. With two children of their Tuskegee and Montgomery, Ala. Comp Law Section. All profits own, Sam (26) and Laura (23), the They have also been to the Georgia from the sale of the book benefit couple made a decision in 1985 to Aquarium in Atlanta and were Kids’ Chance Inc. become foster parents and have invited to a performance of Disney 2. Jeffrey Kight an attorney from since cared for seven children. The on Ice. Programming included Douglas, Georgia was a recipient of Rumer’s took it a step further in teaching the kids to paint in water- a Kid’s Chance scholarship in 1990 1992 when they adopted son Nick, color and make puppets and to Mercer University. “At the time; I was clueless as to how I could who is now 19, and in 1999 they leather crafts. Currently Mims Kids continue my education… I didn’t adopted Tasha, now 14. are learning public speaking skills, know what I was going to do to be Rumer has served on the Board of polishing their manners and eti- honest. Attorney Curtis Farrar was Governors for the State Bar since quette while discovering the familiar with my dad’s accident 1993 and has been recognized importance of community service. and contacted Bob Clyatt. There is numerous times by his peers for his Mims is also working on an initia- no question as to how much this pro bono efforts and professional- tive that focuses on healthy program helped me… I support it ism in his law practice. Of equal lifestyle choices to help fight child- completely and now proudly serve importance to his love of the law is hood obesity and he has instituted on the board of Kids’ Chance.” his community service work where a judicial outreach program called he serves on the following boards: The First Impressions Project Congratulations Muscogee County Department of designed to acquaint fourth Family and Children Services; graders in Tift County with the Friends of Foster Care—provides judicial branch of government. The The Tifton Judicial Circuit what the state does not for foster students are asked to write an children; Contact Helpline—a essay about their experience at the Bar recently presented mental health resource; The end of the program and the win- Achievement Academy—provides ners from each class are given the Bonne Cella with its education for children with learning opportunity to go to the State Bar disabilities; and Habitat for in Atlanta and perform in a mock annual Liberty Bell Award. Humanity. Rumer serves his com- trial. This year the kids will travel munity in many other capacities in a tour bus rather than a school The award is given to and thoroughly enjoys being a foot- bus thanks to members of the ball official for the Georgia High Tifton Judicial Circuit Bar. Mims someone who is not an School Association. He is quick to has given these students a positive recognize his wife of 33 years as the experience with the legal system attorney but helps the one deserving of recognition: and impressed upon them the “Becky is the one…I can’t begin to importance of the jury and juror law profession and court tell you all she does to help chil- service in our courts. He gives dren.” U.S. Congressman Lynn Joyce the credit for the success of system on a daily basis. Westmoreland selected the Rumer’s Mims Kids and his inspiration for

August 2009 63 Pro Bono

Superlawyers: Lawyers Saving Lives and Families in Georgia

by Vicky O. Kimbrell and Susan Wells

n cities and towns across Georgia, private attor-

neys represent victims of domestic violence I through the Georgia Legal Services Pro Bono Project. Other Georgia lawyers donate money to legal services to fund representation for victims. These lawyers embody the best traditions of professionalism and responsibility that the State Bar of Georgia is celebrating in the Cornerstones of Freedom® campaign to educate the public about the important place that lawyers have in our society.

Georgia Legal Services provides access to the courts for women like Andrea Watts of Douglas County who was stabbed 11 times and nearly killed by her abuser. Andrea didn’t think of herself as a statistic. She was trying to leave her husband, who had threatened her and been verbally abusive for years. She and her four children moved in with her mother and Watts tried to go on with her life. and no protective order.1 Studies show that legal rep- Watts didn’t know that most severe abuse happens resentation is one of the most important determinants to women who are trying to leave an abusive relation- of whether a victim will survive and make it out of an ship, especially when they have no legal representation abusive relationship—or die trying.

64 Georgia Bar Journal Although we know that a pro- stay in the relationship, no matter on the way to the hospital. They tective order or a divorce judgment how violent. called my mother and said I hadn’t won’t stop a bullet or a determined Watts became a domestic vio- made it.” abuser, it can empower the victim lence statistic, but she doesn’t want Two days later she awoke in psychologically and provide the to remain nameless. She wants her Atlanta Medical Center with a col- economic help needed to support story to help others avoid the hor- lapsed lung, two deep slashes in her herself and her children away from ror she experienced. In these days, throat, plastic surgery on her face to the abuser. when high profile abuse cases are repair bones and a severed artery A study by two economics pro- in the headlines and everyone and nerve in her right arm that has fessors, Amy Farmer of the wonders why the singer went back caused permanent disability. She University of Arkansas and Jill to the rapper after he’d beaten her, spent six days in the intensive care Tiefenthaler of Colgate University, Andrea Watts’ case is more typical, unit and 14 days in the hospital, found that the increased availability more tragic and more instructive running up $180,000 in medical bills of legal services to women had a about how domestic violence plays that are mounting with continuing direct positive impact on reducing out in real families. It is also therapy for her and her children. the numbers of domestic violence instructive about what really helps Georgia Legal Services Program incidents in communities across the victims in these cases. (GLSP) lawyers try to get involved country. “Because legal services Watts didn’t know about before abuse occurs. “Andrea had help women with practical matters Georgia Legal Services’ lawyers great support from her family and a such as protective orders, custody and their domestic violence work sympathetic judge,” said Antonette and child support, they appear to in September 2008 when her hus- Sewell, the GLSP attorney who rep- actually present women with real, band went to her mother’s house resented Watts in the family vio- long-term alternatives to their rela- where she was getting ready to go lence temporary protective order tionships,” their study concluded.2 to work, slashed the tires of her car action after the attack. “But just hav- Farmer and Tiefenthaler ranked and then lured her back to their old ing to go in and see him in court. . . availability of legal services as high- home with the promise of another Just looking at her you could see the ly as increased education and high- car. When she went in, he attacked severity of her injuries. . . she was er income as resources that made it her. “When I woke up, I realized very shaken.” Although the abuser possible for a woman to issue a my throat was slit. He stabbed me was in jail, Watts needed a perma- credible threat to leave the relation- 11 times and slit my throat twice. I nent restraining order against him ship. The study points out that a said. ‘Look at me, I’m dying.’” At to keep him from having access to credible threat to leave is the chief that point, he called his mother and the children or to her, if he was tool a woman can use to prevent said, “Come see what I have done,” released on bond. Watts would not violence against herself and her she recalled. Then Watts said, he agree to a restraining order. children. If she is dependent on her gently dressed her and held her The judge in this case granted partner for support, has little educa- hand until they heard his mother the permanent order and restricted tion and no access to legal assis- come in the house and called 9-1-1. him from visitation. But that is rare tance, she has few options but to “I flat lined twice in the helicopter in domestic violence cases. EXCELLENT QUALITY not EXCESSIVE COST

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August 2009 65 In cases where a lawyer can get involved to law enforcement officers to military personnel got a better before the abuse is severe, the long-term understanding of how best to handle domestic violence (DV) costs—physical, mental and monetary—are a cases. GLSP trainings focus on holistic representation—not just getting a temporary protective fraction of what they are in cases like that of order, but the impact of domestic violence on children, the impor- Andrea Watts, who is still in physical and psy- tance of child support and insurance coverage for the children chological therapy, along with her children. and a plan to pay for food and rent. GLSP also provides forms, Incredibly, most of the time, the They can often set up restraining training, support, a trial notebook victim, after proving to a court that orders and other protective struc- and malpractice insurance cover- she was beaten by the abuser, has tures to help the woman get away age for lawyers who take domes- to pack up the children and send from the violent relationship before tic violence cases through the pro them over to the abuser’s house for it becomes fatal, or nearly so. bono program. visitation. “In what Kafkaesque GLSP’s 58 lawyers in each of Some attorneys find the under- world does it make sense that their 12 offices across the state han- lying dynamics of domestic vio- abusers are proper custodians for dled about 3,400 domestic violence lence difficult to understand and children?” asks Sewell, who has a cases last year, up from about 3,200 don’t want to take these cases. Masters in psychology in addition the year before. GLSP also holds They may think that “these women to her law degree. trainings for community partners always go back and it’s a waste of Family violence is usually an who serve victims. The most diffi- my time.” In the domestic violence escalating process that increases in cult struggle for the program is trainings, GLSP brings experts to severity. “We try to stop it early lack of funding and the resulting train on the cycle of violence and before it gets deadly,” said Sewell. lack of resources for so many cases. the “charming batterer‚” who In cases where a lawyer can get The number of cases GLSP can looks so normal to the outside involved before the abuse is handle is tiny compared to the world. They also reinforce the severe, the long-term costs—phys- need. GLSP recently lost over importance of setting up an eco- ical, mental and monetary—are a $700,000 in federal funding nomic support structure. If a vic- fraction of what they are in cases because of budget cutbacks. tim can’t support herself and her like that of Andrea Watts, who is The Georgia Coalition Against children, can’t get health care or still in physical and psychological Domestic Violence reports that the the rent paid, she’s going to go therapy, along with her children. number of calls to the domestic back to the abuser. She has In her case, she has a good educa- violence hotline, (800) 33-HAVEN, no choice. tion, a good job, some medical has gone up from 70,557 in 1993 to GLSP also uses the Council of insurance and family support. She over 91,000 in 2008. The 2008 Superior Court Judges Domestic still lost her home, all her posses- Georgia Fatality Review Report Violence Benchbook for Judges sions, her job and the use of one shows that more than 500 victims which includes best practices in arm, as well as her sense of securi- have been killed in family violence domestic violence practice from ty and stability, perhaps for the incidents in the past four years.4 judicial experts across the nation.5 rest of her life. Sewell was also able In many parts of Georgia, how- But the struggle is still there in to help her get over $20,000 in ever, there is little recognition of many parts of the state. Recently, medical assistance to help pay for family violence as a community even though an abuser had been medical bills from the Victim problem that should be addressed convicted of violence against his Assistance Program3 and other by making more services available girlfriend, he did not have his gun resources to get her back on her and holding batterers accountable. taken from him. He shot and killed feet financially. GLSP attorneys train community his next girlfriend. Because so many The most severe family violence partners, including private attor- women do not know about legal occurs against separated and neys, judges, law enforcement offi- services available to them before divorced women whose partners cials, guardians ad litem, health violence occurs, most of GLSP’s become angry when they feel care workers and social services domestic violence cases come they’ve lost control of their victims. staff about domestic violence. through referrals from the 42 bat- That’s one reason GLSP lawyers More than 160 professionals tered women’s shelters around the want to get involved in cases came to a recent GLSP training in state. GLSP lawyers go to some of before the woman tries to leave. Savannah. Everyone from judges the shelters monthly to interview

66 Georgia Bar Journal Where Survivors Can Get Help

Resources for Victims Georgia Coalition Against Domestic Violence — www.gcadv.org Emergency Assistance — 911 Local DFCS office — www.dca.state.ga.us/ Georgia Legal Services Program — 404-206-5175 Temporary assistance for needy families, Medicaid, or 800-498-9469, www.glsp.org Peachcare, food stamps, Department of Atlanta Legal Aid — (404) 524-5811, Community Affairs (subsidized housing referrals www.atlantalegalaid.org and free foreclosure counseling) Georgia Domestic Violence Hotline — Resources for Lawyers 800-33-HAVEN or 800-334-2836 Georgia Domestic Violence Benchbook Shelter, Counseling and Safety Planning www.uga.edu/icje/DVBenchbook.html Victim’s Compensation — Criminal Justice GLSP Domestic Violence Trial Notebook Coordinating Council — www.cjcc.ga.gov www.glsp.org Up to $25,000 for medical expenses, costs of counseling, funeral costs and loss of support. ABA Committee on Domestic Violence www.abanet.org/domviol/ Office of Child Support Services — http://ocse.dhr. georgia.gov/portal/site/DHR-OCSE/ clients and talk to the women about cases despite cuts in many areas benefits. Kimbrell received the the process. during the recent session during Criminal Justice Coordinating But there is much that cannot be the 2009 session. But this only takes Council’s Director’s award and done because GLSP doesn’t have care of a fraction of the need. the Dan Bradley award for her enough lawyers to meet the need. GLSP needs more super lawyers years of service to low-income 2008-09 State Bar of Georgia who will take the time to become Georgians. She has served on sev- President Jeffrey O. Bramlett indi- educated on what is going on in a eral state boards and commis- cated understanding of this prob- survivor’s life and why it takes an sions including the Family lem in his “Call to Action” to the average of seven attempts before a Violence Commission and the state Legislature to fund adequate- victim is finally able to permanently Georgia’s judicial system. He ly leave an abusive relationship. Supreme Court’s Committee on pointed to the state program for There are more than 25,000 lawyers Justice for Children. Legal Services for Victims of in Georgia. If each one took just one Domestic Violence that provides case or donated funds for one case Susan Wells is a freelance writer the allocation for GLSP’s DV pro- to be handled by a GLSP attorney, and reporter in Atlanta, formerly grams. “Without stable funding for we would have so many more with the Atlanta Journal- this effort, victims of domestic vio- resources to save lives. On behalf of Constitution. lence and the children affected by Andrea Watts and the thousands of this scourge will be cut off from victims like her, we want to thank Endnotes access to the protections available the lawyers who do volun teer their 1. T.K. Logan & Robert Walker, to them in Georgia courts. At best, time and resources to protect vic- Separation as a Risk Factor for many of these families will become tims of family violence. Victims of Intimate Partner Violence, clients of the overburdened child 19 J. INTERPERSONAL VIOLENCE 1478, support recovery office or forced Vicky O. Kimbrell (2004). 2. Amy Farmer and Jill Tiefenthaler, into the child protective services serves as the Georgia Explaining the Decline in Family system.”6 He quoted former State Legal Services Family Violence, 21 CONTEMP. ECON. POL’Y Bar President Linda Klein, who a Violence project direc- 158 (2003). decade ago got the domestic vio- tor and health law 3. http://cjcc.ga.gov/ lence program funded through the specialist attorney. She 4. www.fatalityreview.com Legislature, “I can only imagine has handled numerous federal 5. http://www.uga.edu/icje the savings to the taxpayer each /DVBenchbook.html time a child is not placed into foster and state appellate cases dealing 6. Jeffrey O. Bramlett, Less Than One care.”7 The Legislature renewed with custody, child support, juve- Penny 14 GA. B.J., Feb. 2009, at 6, 8. funding for domestic violence nile law, Medicaid and public 7. Id.

August 2009 67 Section News

Sections Expand as Bar Year Ends

by Derrick W. Stanley

he Annual Meeting is the symbolic end of the

Bar year and provides Bar members a chance T to review accomplishments. Over the past few months, section activities have included a variety of local events and an Annual Meeting featuring receptions and programs, the presentation of section awards and the creation of two new sections. Local Events

ICLE and the Intellectual Property Law Section Patent Committee held a Lunch and Learn program on June 10 at the Bar Center. “The KSR Standard for Obviousness: A Pendulum Shift to 20/20 Hindsight?” featured presenters Mitchell G. Stockwell of Kilpatrick Stockton LLP and Arthur A. Gardner of Gardner Groff Greenwald & Villanueva, PC. On the same day, the Technology Law Section and ICLE presented “Digging the Del.icio.us Facebook Twitter: A Survey of Social Networking Legal Issues” at the office of Troutman Sanders. James A. Harvey, Hunton & Williams LLP, and Stephen B. Combs, HowStuffWorks.com, a Discovery Communications company, delivered an educational program to the large group of attendees. The section also used this gathering to serve as their annual business meeting.

68 Georgia Bar Journal On June 11, the Government Attorneys Section hosted a reception and annual meeting at the Bar Center. The section held a vote for new officers while socializing with each other. The Copyright Committee of the Intellectual Property Law Section sponsored a program with ICLE titled “Too Much of a Good Thing? An Empirical Critique of Lengthy Copyright Terms.” The program was held at the office of Kilpatrick Stockton LLP on June 16 and was co-sponsored by the Southeast chapter of the Copyright Society. Professor Paul Heald of the University of Georgia School of Law conducted Photos by Sarah I. Coole and Derrick W. Stanley Photos by Sarah I. Coole and Derrick W. the program. 2009 Tradition of Excellence Award Recipients. (Left to right) William Q. Bird, (plaintiff), Robert E. The IP section also sponsored Hicks, (general practice), Hon. G. Alan Blackburn, (judicial), Jonathan C. Peters, (defense) and Chair their annual summer social on June Adam Malone. 18 at Tap on Peachtree. The section used the social function for peer networking with summer associates. ICLE, along with the In-House and Licensing Committees held “The Intersection of Insolvency and Intellectual Property” at the Bar Center on June 25. Matt Owens of Solvay Pharmaceuticals and Will Sugden of Alston & Bird LLP presented this program to participants who were eager to engage in post meeting conversations. Annual Meeting Events Several sections took advantage of opportunities during the State Bar’s Annual Meeting June 18- 20 to hold meetings, socials and receptions. The Tort & Insurance Practice and Taxation Law Sections held breakfast meetings June 19. The General Practice and Trial Section honored the Tradition of Excellence award recipients at their annual Friday breakfast. The award recipients were William Q. Bird, Atlanta (plaintiff), Hon. G. Alan Blackburn, Atlanta (judicial), Robert E. Hicks, Atlanta (general practice) and Jonathan C. Peters, Atlanta (defense). The Appellate Practice and Criminal Law sections met over lunch. The Criminal Law Section

August 2009 69 ship to licensed attorneys in the state of Georgia so they may develop their knowledge and professional abilities in the area of animal law in order to render better service to their clients and the general public. The establishment of an Animal Law section under the State Bar of Georgia will provide a needed forum by which Georgia attorneys may share knowledge and experience to further develop their legal knowledge and skills.

Information will be available at www.gabar.org/sections on how to join one of these new sections. Belonging to a section ensures Tina Shadix Roddenbery, incoming chair of the Family Law Section, accepts the 2009 Section of the that you will receive notification of Year Award from President Jeffrey O. Bramlett during the plenary session of the Annual Meeting. upcoming meetings and events. You will also have the opportunity included a program on computer the Board of Governors, by unani- to network with your peers before forensics and the Judicial Section mous voice vote, approved the cre- and after the meetings. For more held their annual meeting later in ation of an Employee Benefits Law information on how to join the afternoon. Sections closed out Section and the proposed bylaws a section, please visit www. the day with receptions hosted by that were submitted. The mission of gabar.org/sections or contact Labor & Employment Law and the section is as follows: Derrick Stanley at 404-524-8774 or General Practice and Trial. [email protected]. The Employee Benefits Law Awards Section seeks to: promote Derrick W. Stanley is Jeffrey O. Bramlett presented knowledge and understanding the section liaison for the Section of the Year award to of laws regulating employer the State Bar of the Family Law Section, chaired sponsored benefit plans Georgia and can be by Edward J. Coleman III. Tina through continuing legal edu- reached at Shadix Roddenbery accepted the cation opportunities in the field [email protected]. award on behalf of Coleman dur- of executive compensation, ing the plenary session of the pensions, health and welfare Annual Meeting. The Section and ERISA litigation; establish Award of Achievement was also a liaison with the Department Earn up to 6 CLE presented and Patrice Perkins- of Labor, Internal Revenue Hooker accepted the award on Service and employee benefit credits for authoring behalf of the Real Property Law practitioners; and develop col- Section, chaired by Susan Langley legiality among practitioners legal articles and Elliott. The awards are presented within the employee benefits having them published. to outstanding sections for its area of practice. members’ dedication and service Submit articles to: to their areas of law practice and Following a report by Claudine Donald P. Boyle for devoting endless hours of vol- Wilkins, the Board of Governors, by Georgia Bar Journal unteer effort to the profession. unanimous voice vote, approved 104 Marietta St. NW, Suite 100 the creation of an Animal Law Atlanta, GA 30303 New Sections Formed Section and the proposed bylaws Contact [email protected] for Two new sections were that were submitted. The purpose more information or visit the Bar’s approved by the Board of of the section is as follows: website, www.gabar.org. Governors at the Annual Meeting. Following a report by Paulette A. The purpose of this Section Bradham and Michael Monnolly, shall be to provide member-

70 Georgia Bar Journal

Casemaker Advance Navigational Tools in Casemaker 2.1

by Sheila M. Baldwin

n the past several issues of the Georgia Bar are seen between the “Previous Results” and “Next Results” buttons. When you consider that the search Journal, we have been discussing Casemaker 2.1, netted 195 results, having an easy way to navigate is a valuable feature. the newest version of Casemaker. We have cov- “Previous Hit” and “Next Hit” are useful in naviga- I tion within a document (see fig. 1). These options are ered the basics of how to log on, how to navigate the similar to the two previously mentioned tools, but take you to the terms and phrases within the specific case toolbar and how to do basic searches. In case you have you are viewing. They will not appear in the navigation toolbar until you click on a particular case. When misplaced your past issues, we have them convenient- you click “Next Hit” you are taken to the next place in the document that has the term or terms mentioned in ly linked on the website at www.gabar.org where you your search. They are highlighted in red and the exact number of hits is shown in the bar between the will also find other useful resources. “Previous Hit” and “Next Hit” buttons. This is helpful when determining case relevance. In this issue, highlights of several advanced settings As an example, search Beam v. State in the Georgia on the navigation toolbar are explored. Logging on to library, and use the search terms “malice murder” and Casemaker, you will be taken to the Georgia library. “life imprisonment” with the Rank sort option (see fig. Choose the area you are searching, such as case law, 2). You will find two results seen as “1 of 2” in the nav- and enter your search terms. The next screen contains igation toolbar (see fig. 3). the navigation bar containing tools that will ease the The top result, 265 Ga. 853 Beam v. State, shows a searching process within the documents (see fig. 1). total of six hits on terms and phrases (see fig. 4). As you Notice the bread-crumb navigation feature just below can see “malice murder” was the first hit and is high- the blue toolbar (see fig. 1). In this portion of the screen lighted in red (see fig. 4). Using the “Next Hit” button, you can use your cursor to go directly to past screens the user is taken to the phrase “life imprisonment” (see without using the back button. The words Texas, Case fig. 5). Jumping back and forth within a document is a Law, Search and Results are highlighted in blue. If you great time saver, and with legal research costs being click on the “Results” or “Search” tab you return to the scrutinized, every tool that adds efficiency is valuable. previous page but if you click on “case law” you will see Each issue of the Georgia Bar Journal contains helpful the same page telling you when the database was last Casemaker information. As you find tips or shortcuts updated. If you click on “Texas” you will return to the in your Casemaker searches, feel free to send them to front page of the Texas state library. [email protected] for inclusion in our upcoming arti- “Previous Results” and “Next Results” are used to cles. In the next issue of the Bar Journal, we will take an navigate to additional cases that were brought up in in-depth look at the Advanced Field boxes on the Case your original search (see fig. 1). This makes reviewing Law Full Search page. cases trouble-free by avoiding the extra step of going back to the results page. If you filter your search by Sheila Baldwin is the member benefits “Rank” instead of the default filter of “Descending coordinator of the State Bar of Georgia Order” you will find the most relevant cases at the and can be reached at [email protected]. beginning of your search, and then you will be able to quickly search the cases using this navigation tool. Notice that in our example the total number of results

72 Georgia Bar Journal 1 2

3 4

We offer Casemaker training classes four times a month. Upcoming training classes can always be found on the State Bar of Georgia’s website, www.gabar.org, under the News and Events section. Onsite Casemaker training can also be requested by local and specialty bar associations. Writing Matters

Summer Beach Reading

by Karen J. Sneddon and David Hricik

s the humidity climbed throughout the

summer, the siren call of the shore hope- A fully at some point became impossible for you to resist. With the salty spray in your face and toes digging into gritty sand, there are few things more relaxing than reading a breezy summer book. Breezy summer beach reads (which for some are not all that breezy)1 can not only entertain, they can inform your approach to legal writing.

Writers often identify five elements of fiction:2 (1) character, (2) setting, (3) plot, (4) theme and (5) style. Lawyers are somewhat limited in directly using these elements. For example, lawyers cannot knowingly mis- represent the facts.3 However, the elements fiction writers use can help legal writers craft an effective brief, from the Statement of Facts to the Argument Section. Apart from ethical limitations, the elements of fiction can be effective tools in legal writing. Related to character is point of view. The four possible points of view are (1) first person, (2) third person, Character (3) objective and (4) omniscient. Through point of The most vital element is often character. view, fiction writers share a character’s perspectives “Character” is a person, entity or even concept that is a with the reader. Some argue that the most gripping participant in the story. There are main characters, sup- point of view is first person. (Think of Sookie porting characters and minor characters. Fiction typi- Stackhouse’s first person narrative in Charlaine cally needs at least two characters: a protagonist (the Harris’s Dead Until Dark.4) First person and third per- good guy) and an antagonist (the bad guy). Creating a son allow the writer to firmly place the reader in the vivid, three-dimensional protagonist requires describ- shoes of the client. ing the character’s physical and emotional side, as well For the legal writer, these lessons can inform how to as the character’s actions (past, present and future). introduce parties to the dispute, and more. For exam- In contrast, fiction writers omit or shorten their ple, when representing an employee in a contract dis- descriptions of the antagonist, often leaving the antag- pute, the writer could introduce the plaintiff by onist depicted more as a one- or two-dimensional describing why the employee began working with the character. By giving an in-depth examination to the company and an anecdote about his work or work protagonist and a somewhat superficial sketch of the experience. This snippet can transform the employee antagonist, the fiction writer increases the reader’s from a flat, generic character to Jan from accounting, empathy for the protagonists and, more importantly, who came to the company because of her life-long pas- their plight. sion for numbers.

74 Georgia Bar Journal Setting Attorneys frequently develop writing program in the country by Setting is the location, time and the theme or theory of the case. U.S. News & World Report. context of the story. It’s “the Good trial lawyers, often say that dark and stormy night.” Whether the story is more important than Endnotes the setting is the misty Pacific the law. Often, man against man 1. For a list of new and classic books Northwest of today,5 a hovering will be the theme in civil litigation, for summer beach reads ranging from Katherine Howe’s The Physick space station of the future6 or but in sentencing matters and Book of Deliverance Dane to Leo 7 Regency England, setting allows other areas different themes might Tolstoy’s Anna Karenina, see Sara the writer to transport to the read- have greater effect. Again, there is Nelson, “Meet Your New Favorite er to the client’s world. a choice. Book,” Real Simple 190-93 (June While briefs may not need to 2009). travel quite so many miles, anchor- Style 2. There are several incarnations of ing the client’s story to a particular Fiction writers call the lan- the elements of fiction. For exam- place and time provides the con- guage conventions used to tell the ple, “point of view” can be listed text for each party’s actions. If, for story “style.” Among other top- as a separate element or be sub- example, a business tort occurs in a ics, style includes sentence struc- sumed in the element of character, growing, new market, leaving out ture (both syntax and sentence as we have done in this article. 3. Model Code of Prof’l Conduct R. that context may undermine the length), voice (active and passive) 3.3(a)(1). facts that show the defendant had and word choice. 4. This series of Charlaine Harris’s significant reason to tortuously In prior installments of Writing Southern Vampire Mysteries has interfere with the plaintiff’s con- Matters, we’ve discussed many inspired the popular HBO series tract, for there was money to be aspects of style. Yet, as you “True Blood.” made. Setting matters. look back on or finish up your 5. Stephenie Meyer, Twilight. summer reading, be sensitive to 6. Orson Scott Card, Ender’s Game. Plot the word choice used by authors. 7. Jane Austen, Pride and Prejudice. The order of events (beginning, The careful selection of words 8. Brian Foley & Ruth Anne Robbins, middle and end) is the plot. The plot allows a writer to bring to life Fiction 101: A Primer for Lawyers on How to Use Fiction Writing need not, and for effect often should vibrant, forceful images. For Techniques to Write Persuasive Facts not, follow strict chronological example, the word “bolted” con- Sections, 32 Rutgers L.J. 459, 469 order. The TV shows “Lost” and veys a totally different image than (2001) (citing Josip Novakovich, “Battlestar Galactica” are two recent “walked quickly.” Fiction Writer’s Workshop 74-75 examples of effective, non-chrono- (1995)). logical storytelling. Conclusion 9. For a further examination of Thus, for the legal writer, order- So, as you devote a few of the dog using fiction to improve legal ing may be particularly powerful. days of summer to the shore, grab a writing, see the following In a business tort case, for instance, novel and relax. Be cognizant of how sources: Anthony G. Amsterdam it may be best to start at the end— your author manipulates the ele- & Jerome Bruner, MINDING THE the plaintiff went bankrupt after a ments of fiction. When you get back LAW 143-64 (2000); Ruth Anne Harry Potter, Ruby brief success, and then show the to the office—which, sadly, will Robbins, Slippers and Merlin: Telling the reader how the defendant caused come all too soon—see if you can Client’s Story Using the Characters 9 this—or at the beginning, with a also learn from your relaxation. and Paradigms of the Archetypal description of the market, the Hero’s Journey, 29 Seattle U. L. plaintiff’s expertise and success, Karen J. Sneddon is Rev. 767 (2006); Tam D. Cowden, but then the defendant’s dark an assistant professor Telling the Client’s Story: Using activities and plaintiff’s demise. at Mercer Law School Fiction-Writing Techniques to Craft There are choices for the legal and teaches in the Persuasive Briefs, 14 Nev. Law. 32 writer to make about plot. (Sept. 2006); Shaun B. Spencer, Legal Writing Program. Dr. King, Bull Connor, and Theme Persuasive Narratives, 2 Ass’n David Hricik is an asso- Theme is the universal truth Legal Writing Directors 209 (2004); Brian J. Foley & Ruth relayed by the story. Fiction writ- ciate professor at Mercer Law School Anne Robbins, Fiction 101: A ers often identify seven basic Primer for Lawyers on How to Use who has written several themes: (1) Man Against Man, (2) Fiction Writing Techniques to Write Man Against Self, (3) Man Against books and more than a Persuasive Facts Sections, 32 Nature, (4) Man Against Society, dozen articles. Mercer’s Rutgers L.J. 459 (2001); Jethro K. (5) Man Against Machine, (6) Legal Writing Program is currently Lieberman, The Art of the Fact, 5 Man Against God and (7) God ranked as the number one legal Legal Writing: J. Legal Writing Against Everybody.8 Inst. 25 (1999).

August 2009 75 Professionalism Page

20th Anniversary Commemorative Celebration by Avarita L. Hanson

artnering with the Lawyers Foundation of

Georgia (the Foundation), the Chief P Justice’s Commission on Professionalism (the Commission) commemorated its 20th anniversary at the Foundation’s annual dinner on Friday, June 19, during the State Bar of Georgia’s Annual Meeting.

Georgia judges, lawyers, families and friends gathered in the Amelia Island Conference Center’s Cumberland

Ballroom that had been transformed into a tropical paradise. Attendees outfitted in “island formal” attire entered to the sounds of Caribbean music provided by

The Blake Group. They were treated to a delicious dine-around buffet, with four food stations featuring menu selections from Argentina, Cuba, Jamaica and Photos by Len Horton Puerto Rico. Prof. A. James Elliott, one of the Commission’s founders, addresses guests at the LFG/CJCP dinner. The Foundation, represented by its Board of Director Lauren Larmer Barrett, showcased sponsored Trustees Chair Rudolph Patterson and Executive programs and activities. Guests viewed a video on the

76 Georgia Bar Journal Foundation’s signature program, BASICS, an anti-recidivist pro- Creative Connections gram. A highlight of the evening The State Bar Committee on Professionalism’s Creative Connections project was Patterson’s announcement made its second appearance at the 2009 Annual Meeting. Supreme Court that the Foundation would receive Justice Robert Benham, a talented toy maker, developed the concept for this a $430,000 cy pres award to support program to foster positive associations among attorneys and promote pro- its programs, due largely to the fessionalism in attorney interactions. Attorneys throughout Georgia are invit- efforts of State Bar Past President ed to display their artistic talents to their peers and perhaps form new Robert Ingram and former Gov. friendships through shared interests. Roy Barnes. The Commission was represent- Volunteer attorneys JaDawnya Butler and Hilary Young greeted members of ed by founder and Emory Law Prof. the Bar at the display which featured of a variety of products made by attor- A. James Elliott, who served as the neys. This year, the following judges and attorneys participated with Creative evening’s emcee. Elliott acknowl- Connections: Overtis Hicks Brantley, retired Fulton County attorney and quilter; edged the Commission’s other Sonya Cromwell, attorney and painter; Michael C. Daniel, attorney and painter; founders, Hon. Harold B. Clarke, Sharon Kaye Gipson, attorney and quilter; Rosalind A. Rubens-Newell, Rev. Dr. James T. Laney, the late McKenna Long & Aldridge LLP attorney and quilter; Robert Steed, senior part- Hon. Thomas O. Marshall and the ner, King & Spalding and author; and Gwendolyn Fortson Waring, Savannah late Hon. Charles L. Weltner, mem- attorney and photographer. bers and executive directors. Also Some participants donated items for the auction for the benefit of the appearing on the program was Lawyers Foundation of Georgia. A lively bidding war ensued for some of the Avarita L. Hanson, the highly sought after art items. Fulton County Superior Court Judge Gail Tusan Commission’s current executive was present for a special signing of her book, Misjudged, which she wrote director, who introduced the com- under her pen name, Susan Washington. memorative video highlighting the Creative Connections is an innovative way for local bar associations to bring Commission’s history. All guests members together for charitable events and business networking. A project were given a copy of the video, manual is available. For more information, contact Nneka Daniel at which provided a look at 20 years of [email protected]. the world’s first court-created entity to address lawyer professionalism. Presiding Justice Carol W. Tenth Annual Service Juris: Hunstein and Patterson paid fitting A Special Day of Lawyers Serving the Community tributes to retiring Chief Justice by Avarita L. Hanson Leah Ward Sears, who was given a Service Juris is a collaboration of the Lawyers Foundation of Georgia and standing ovation from the ballroom Hands on Atlanta with a team of sponsors and volunteers from law firms crowd. Chief Justice Sears evi- and legal service support companies. denced her appreciation to all present for their gracious applause and “Many hands make light work,” said John Heywood, English playwright and the gifts she received as she pre- poet. That was so true on June 27, 2009, a hot Georgia summer Saturday pared to pass the gavel to Justice when nearly 500 attorneys, family members and friends came out to paint Hunstein. Guests came from across and improve the landscape around the Atlanta Area School for the Deaf. the South to salute the Commission Giving a fresh look and feel to the school, volunteers worked inside and out- and to show their gratefulness to side and were visited by such dignitaries such as State School Superintendent Chief Justice Sears, including Dean Kathy Cox. Richardson Lynn, Atlanta’s John This year, in commemoration of the 20th Anniversary of the Chief Justice’s Marshall Law School; Dean Steven Commission on Professionalism and its ideals, including community service, Kaminshine, Georgia State Law the Young Lawyers Division of the State Bar brought out its volunteers. School; and Dean Darby Dickerson, Shiriki Cavitt, chair, YLD Community Service Committee, and Kasi Renee Stetson Law School. In addition to Whitaker of Savell & Williams, LLP, worked at the Atlanta Area School for the celebrating Chief Justice Sears, a Deaf as part of the YLD team. special presentation was made to As we often share, a component of professionalism ideals is for lawyers to Vivian R. Ingersoll, a public mem- engage in community service. Lawyers can be found in all capacities serving ber of the Commission, who devot- the community outside of their practices or judicial responsibilities. Lawyers ed much time and talent to making not only serve as leaders in the boardrooms, they served as workers in the this event a success. classrooms, halls and grounds of the Atlanta Area School for the Deaf during The Foundation and the Service Juris. This year, lawyers who landscaped and painted left their indeli- Commission wish to thank the fol- ble marks on the school and a legacy of service for years to come. lowing for their generous financial

August 2009 77 State Bar of Georgia We’re here for you! Law Practice Management Program The Law Practice Management Program is a member service to help all Georgia lawyers and their employees put together the pieces of the office management puzzle. Whether you need advice on new computers or copiers, personnel issues, compensation, workflow, file organization, tickler systems, library materials or software, we have the resources and training to assist you. Feel free to browse our online forms and article collections, check out a book or videotape from our library, or learn more about our on-site management consultations and training sessions, 404-527-8772. Consumer Assistance Program The Consumer Assistance Program has a dual purpose: assistance to the public and attorneys. CAP responds to inquiries from the public regarding State Bar members and assists the public through informal methods to resolve inquiries which may involve minor violations of disciplinary standards by attorneys. Assistance to attorneys is of equal is importance: CAP assists attorneys as much as possible with referrals, educational materials, sugges- help onlya tions, solutions, advice and preventive information to help the attorney with consumer matters. The program pledges its best efforts to assist attorneys in making the practice of law more efficient, ethical and professional in nature, 404-527-8759. Lawyer Assistance Program call, This free program provides confidential assistance to Bar members whose personal problems may be interfering with their ability to practice law. Such or problems include stress, chemical dependency, fam- click ily problems and mental or emotional impairment, 800-327-9631. Fee Arbitration The Fee Arbitration program is a service to the gen- e-mail eral public and lawyers of Georgia. It provides a convenient mechanism for the resolution of fee disputes between attorneys and clients. The actual arbitration is a hearing conducted by two experi- away. enced attorneys and one non-lawyer citizen. Like judges, they hear the arguments on both sides and decide the outcome of the dispute. Arbitration is impartial and usually less expensive than going to court, 404-527-8750.

(404) 527-8700 ■ (800) 334-6865 ■ www.gabar.org and in-kind support for this event: Malone Law; Mauldin & Jenkins gations to improve the law and the Alston & Bird LLP; Atlanta CPAs, LLC; Miller & Martin PLLC; legal system, and to ensure access Chapter of the Links, Inc.; Atlanta’s Oliver & Maner LLP; Patrise to that system. This dinner, co- John Marshall Law School; Baker Perkins-Hooker; Pope, McGlamry, sponsored by the Foundation and Donelson Bearman Caldwell & Kilpatrick, Morrison & Norwood the Commission commemorating Berkowitz, PC; Balch & Bingham LLP; Mercer Law School; Print the Commission’s 20th anniver- LLP; Bondurant Mixson & Elmore Time; Teresa and Joseph sary, was not merely a night of LLP; Butler, Wooten & Fryhofer Roseborough; Sandy Springs Bar dining and entertainment. It was a LLP; Coca-Cola; Cochran, Cherry, Association; Stetson University historic collaboration of two spe- Givens, Smith, Sistrunk & Sams, College of Law; Strickland cial entities which share common PC; Daughtery, Crawford, Fuller Brockington Lewis LLP; University ideals. With the continued support Brown, LLP; A. James Elliott, of Georgia Law School; United of the bench and bar, both will Emory Law School; George E. Parcel Service; Watson Spence LLP; provide important services to Mundy, PC; Gate City Bar William R. Jenkins; and the YLD. Georgia’s legal community today Association; Georgia Association The Commission now moves and into the future. of Black Women Attorneys; into its next era well-equipped to Georgia-Pacific; Georgian Bank; carry out its duties. Its mission Avarita L. Hanson is Georgia Association for Women is to support and encourage the executive director Lawyers; Georgia State College of lawyers to exercise the highest lev- of the Chief Justice’s Law; ICLE of Georgia; Avarita els of professional integrity in Professionalism and Hanson and William Alexander, their relationships with their can be reached at MD; IKON; John & Vivian clients, other lawyers, the courts [email protected]. Ingersoll; King & Spalding LLP; and the public, to fulfill their obli-

The Lawyer’s Foundation of Georgia Dinner: Celebrating the 20th Anniversary of the Chief Justice’s Commission on Professionalism.

(Left to right) Hon. Lamar W. Sizemore, Jim Wiggins and Pat O’Connor enjoy their time during the island-themed LFG annual dinner.

Hon. Philip C. Smith and Lauren Gwendolyn S. Fortson Waring Justice Leah Ward Sears with LFG Board of Trustees Chair Rudolph Larmer Barrett enjoy the evening and Avarita L. Hanson during Patterson after Sears was recognized for the work she has done on at the LFG dinner. the 20th anniversry behalf of the Chief Justice’s Commission on Professionalism. celebration.

August 2009 79 In Memoriam

he Lawyers Foundation of Georgia Inc. sponsors activities to promote charitable, scientific and educational purposes for the public, law students and lawyers. Memorial contribu- T tions may be sent to the Lawyers Foundation of Georgia Inc., 104 Marietta St. NW, Suite 630, Atlanta, GA 30303, stating in whose memory they are made. The Foundation will notify the family of the deceased of the gift and the name of the donor. Contributions are tax deductible.

Linda Abrams Janice Braziel McNatt William Thomas Vernon Seminole, Fla. Atlanta, Ga. Columbia, S.C. Indiana University School of Law Woodrow Wilson College of Law University of South Carolina (1988) (1989) School of Law Admitted 1989 Admitted 1989 Admitted 1988 Died May 2009 Died January 2009 Died January 2009

Charles Lloyd Clay Claude T. Moorman II Charles Melvin Voyles Clayton, Ga. Plymouth, N.C. Fayetteville, Ga. University of Georgia School William & Mary Law School Woodrow Wilson College of Law of Law (1998) (1978) (1964) Admitted (1964) Admitted 1979 Admitted 1964 Died May 2009 Died April 2009 Died April 2009

Alfred L. Evans Jr. Kenneth W. Musgrove Richard W. Watkins Jr. Atlanta, Ga. Albany, Ga. Jackson, Ga. University of Virginia School Woodrow Wilson College of Law University of Georgia School of Law (1956) (1979) of Law (1947) Admitted (1961) Admitted 1979 Admitted 1948 Died April 2009 Died March 2009 Died February 2009

Hewell Donald Fleming Leigh Lawson Reeves Prominent Jackson attorney and Elberton, Ga. Atlanta, Ga. religious and civic leader Richard Emory University School of Law Mercer University Walter F. Wright Watkins Jr. died in (1977) George School of Law (1991) February 2009. He was born in Admitted (1978) Admitted 1991 February 1920 in Indian Springs, Died May 2009 Died May 2009 son of the late Richard Wright Watkins and Dovie Bryans John Robert Harvey Jacquelyn Sanders Watkins. He graduated with hon- Pembroke, Ga. Dublin, Ga. ors from Gordon Military High University of Georgia School Mercer University Walter F. School in Barnesville and attended of Law (1966) George School of Law (1986) the University of North Carolina. Admitted 1966 Admitted 1986 Watkins graduated from Died May 2009 Died April 2009 Maryville College in Maryville, Tenn. He served in the U.S. Army Sanford Joe Jones Charles E. Sellner during WWII where he worked Fairburn, Ga. Andrews, N.C. with B-17 bombers and was dis- Woodrow Wilson College of Law University of Denver College charged in September 1945 with (1977) of Law (1996) the rank of sergeant. Admitted 1977 Admitted 1996 Watkins graduated from the Died May 2009 Died March 2009 University of Georgia School of Law in 1947 and shortly after Harold Andrew Lane Norman Smith passed the Georgia Bar exam. He Douglasville, Ga. Barnesville, Ga. was called back into service dur- Atlanta Law School (1962) University of Georgia School ing the Korean War where he Admitted (1963) of Law (1972) served for 17 months at Fort Died May 2009 Admitted 1972 Benning as the post legal officer. Died June 2009 He practiced law in all of Georgia

80 Georgia Bar Journal courts, including the Court of Directors of the Flint River taking on the most controversial Appeals of Georgia and Supreme Regional Library. He was a long- issues involving families and chil- Court of Georgia, as well as the time member of the Jackson dren—giving troubled kids a sec- federal district courts for the mid- Presbyterian Church where he ond chance when he could, trying dle and northern districts of served as an elder. Watkins was a to keep families together when he Georgia, the 11th Circuit U.S. member for many years of the could, raising money for a fund to Court of Appeals and the U.S. Jackson Kiwanis Club and was a pay for programs that the county Supreme Court. former president. He was a mem- could not afford. He was a former president of the ber of the Gordon College Jones set up a non-profit fund Flint Circuit Bar Association and Foundation and established sever- for juvenile justice in Fulton served on the B.A.S.I.C.S. commit- al scholarships there. He was a for- County that funded many innova- tee of the State Bar of Georgia. He mer director of the Old Pepperton tive programs that are now models served for two terms as Butts Cotton Mill and the C&S Bank of for programs all over the country. County Ordinary. He was appoint- Jackson, now Bank of America. He His work with juveniles went ed at the behest of his former law retired several years ago after prac- beyond the courtroom, into the school classmate, Carl E. Sanders, ticing law for over 60 years. communities, into resettlement by Gov. Ernest Vandiver to the programs, into juvenile drug court Georgia State Board of Corrections. The Hon. Sanford Joe “Sammy” programs and all types of assis- Sanders approved the Board’s Jones passed away in May 2009. tance for families. request to elect Watkins as chair- Jones served as the presiding judge On the bench, Jones was profes- man after he was sworn in as gover- of Fulton County Juvenile Court. sional, judicial and personable. Off nor. While serving on the Board of He was known as a compassionate the bench, working with children Corrections, Watkins urged the advocate for troubled children. and families in the community, as executive director to build a diag- Jones was born in Fairburn, Ga., he did so often, he was funny, put- nostic prison for the state, and on the family farm in July 1952 and ting people in the most dire cir- obtained permission from the board lived there all his life. cumstances at ease, and doing all and Gov. Sanders to have it built in He graduated from the he could, above and beyond the Butts County. The prison is now the University of Georgia and from call of duty, to help. largest employer in Butts County. Woodrow Wilson College of Law He passed up chances to retire. Watkins was a member of the in Atlanta. He stayed on because he loved Board of Trustees of the Jackson- Jones presided over the con- helping children, and working to Butts County Library for many tentious House of Prayer custody improve the juvenile court system years and served on the Board of battle, and never shied away from from the inside out.

Memorial Gifts The Lawyers Foundation of Georgia furnishes the Georgia Bar Journal with memorials to honor deceased members of the State Bar of Georgia. A meaningful way to honor a loved one or to commemorate a special occasion is through a tribute and memorial gift to the Lawyers Foundation of Georgia. An expression of sympa- thy or a celebration of a family event that takes the form of a Lawyers Foundation gift to the Lawyers Foundation of Georgia provides a lasting of Georgia Inc. remembrance. Once a gift is received, a written acknowl- 104 Marietta St. NW edgement is sent to the contributor, the surviving spouse or Suite 630 other family member, and the Georgia Bar Journal. Atlanta, GA 30303 Information For information regarding the placement of a memorial, P: (404) 659-6867 please contact the Lawyers Foundation of Georgia at F: (404) 225-5041 (404) 659-6867 or 104 Marietta St. NW, Suite 630, Atlanta, GA 30303.

August 2009 81 Book Reviews

More Summer Reads The Articulate Advocate: New Techniques of Persuasion for Trial Lawyers by Brian K. Johnson and Marsha Hunter Crown King Books, 206 pages reviewed by David R. Hughes

nasmuch as trial advocacy is an art and not a sci-

ence,1 there are as many styles of trial advocacy as I there are lawyers who practice in the courtroom. Not all styles are equal, however; some are decidedly better than others. Few, if any, are perfected. So, what elevates some trial presentations to Shakespearean heights, while others languish in nondescript doggerel?

How can the new or average trial advocate transform a lackluster style into an inspiring work of persuasive beauty, one worthy of a Clarence Darrow?

The authors of The Articulate Advocate: New Techniques of Persuasion for Trial Lawyers posit that do it, rather than what to say and do in the court- the answer rests in the mastery of “a solid technique room. Both authors, Brian K. Johnson and Marsha that will provide you with reliable answers to all Hunter, are trial advocacy instructors who focus on those challenging questions about how to look, teaching communication skills through the National sound and feel natural in the courtroom.” In short, Institute for Trial Advocacy. their book is about the logistics or tools that under- The book begins with the stated paradox that, in gird persuasive trial presentations, providing practi- order to look “natural” and credible in court, one cal examples and guides for honing the communica- must consciously employ unnatural behaviors. The tion skills that make up the form through which the natural and unconscious behaviors of everyday life, advocate’s substantive message is conveyed. As its such as fiddling with one’s pen or jewelry, shifting back cover touts, this book teaches how to say and weight from one leg to another or holding a hand in a

82 Georgia Bar Journal pocket can seem distracting and Effective posture and the use of the delivery will be made in the unnerving to a jury. Similarly, hands, face and eyes are examined, courtroom. The authors provide a some behaviors required of as well. simple guide and checklist for lawyers in the courtroom, such as The chapter on brain control effective practicing. asking questions to which the begins with a discussion of the In summary, The Articulate answer is already known, or pro- relationship between adrenaline Advocate is a worthy addition to a jecting one’s voice in an authorita- and the time warp effect, which trial lawyer’s library of instructive manner, come across as odd makes time slow to a relative tional books. The authors’ sugges- in normal non-courtroom conver- crawl in the mind of the tion in the book’s title of provid- sation and are not part of one’s adrenaline-pumped advocate. The ing new techniques of persuasion, natural mannerisms. For these authors explain how to enter the however, is a bit of a stretch. reasons, say the authors, a “tech- zone of concentration to perform Given the proliferation of trial nique” must be learned to teach at peak levels, much the way that technique manuals, seminars, the advocate self-control in his or athletes do in major sports events. videos, books, etc., it is hard to her courtroom demeanor, allow- Of particular note is the descrip- discern what is new versus what ing the advocate to appear “natu- tion of trial advocacy as a “struc- are variations on previous themes. ral” to the judge or jury. tured improvisation,” a form of In any event, the organized and Johnson and Hunter take the verbal jazz, whereby the trial practical presentation of the mate- reader through a succinct discus- lawyer plans the examinations rial in The Articulate Advocate sion about developing such a tech- around topics and improvises the should prove useful to anyone nique with focus on three areas: questions as the exam unfolds. learning or brushing up on court- Your Body; Your Brain; and Your Johnson and Hunter assert that, room technique. Trial advocacy is Voice. The advice draws on snip- with practice, one “can learn to be indeed an art with many different pets from various scientific disci- comfortable living in this cogni- styles. The more one learns about plines, including basic physiology, tive state, poised between the the form behind the art, the more linguistics, physics and perform- opposites of well-planned struc- creative one can be in delivering a ance psychology. Each chapter ture and free-form improvisa- persuasive, substantive message ends with a list of mantras for self- tion.” The reader might wonder, in the courtroom. instruction, and the entire book however, whether the ability to concludes with a brief chapter on maintain that state comfortably is David R. Hughes is a how to practice what was not, in fact, what inherently distin- partner at Davis, Pickren explained in the book’s preceding guishes the great trial lawyers & Seydel, LLP, in pages. The techniques range from from the lesser ones, and whether Atlanta. He is an experi- the very basic (such as how to stop the comfort of that cognitive state enced litigator who saying “um”) to the more sublime can be learned at all. focuses on business, (such as how to tap into the jury’s Voice is the third area of tech- employment and catastrophic injury use of echoic memory). For the nique explored. The authors experienced student of trial advo- explain the physics of sound litigation. He has litigated and tried cacy, the emphasis may be a bit too vibration and discuss strategies cases throughout the eastern much on the former, but the book’s for proper breath control and United States involving the Federal no-nonsense approach allows for voice projection. The topics of Employers’ Liability Act. Hughes quick reading and absorption of phrasing, articulation, pitch and received his undergraduate and law tips for immediate application in intonation are also covered, with a degrees from Emory University and the courtroom. solid discussion of the use of ris- a Masters of Divinity degree from Examples of techniques for ing and falling intonation for pur- Harvard University. body control include, among other poseful effects. things, understanding the physio- The final chapter deals with Endnote logical effects of adrenaline and how to practice the techniques 1. United States federal courts have learning the mechanics of con- learned for actual use in the often referred to trial advocacy as scious breathing to cope with courtroom. Johnson and Hunter such. See, e.g., Strickland v. them. The authors also describe a rightly assert that practice is a Washington, 466 U.S. 668, 681 rectangular zone of gesture, skill itself. Unfortunately, too (1984) (“Because advocacy is an extending from the waist to the many trial lawyers overlook the art and not a science, and because nose and about two feet to either importance that practice has in the adversary system requires deference to counsel’s informed side of the body. Persuasive court- improving their ultimate presen- decisions, strategic choices must room gestures should flow natu- tation. Practice should be out be respected in these circum- rally from the shoulders to the loud, simulating as closely as stances if they are based on pro- hands and fill this imaginary zone. possible the manner in which the fessional judgment.”).

August 2009 83 The Nine: Inside the retirement from the bench. justices, as well as former Justice Secret World of the Toobin describes O’Connor, a for- O’Connor. Two of my favorites mer Arizona legislator, as the were when: (1) Justice O’Connor Supreme Court most pragmatic justice on the described herself as the “yenta of high court. Paradise Valley” in her attempts by Jeffrey Toobin, As opposed to O’Connor, to fix up Justice Souter, a bache- Doubleday, 384 pages Justice Scalia, who carried a gun lor (Justice Ginsburg also tried to with him while commuting to fix up Justice Souter); and (2) reviewed by Bob Beer school on the subway in New Justice Souter, who had been With the resignation of Justice York City, is described as an orig- confused with Justice Breyer, David Souter and the confirmation inalist (a strict constructionist) said that one of his highlights on hearings of Judge Sonia Sotomayor, who does not believe in either the the Court was the privilege that there is no better time to read he had of serving with and thoroughly enjoy The “Justice Souter.” Nine: Inside The Secret World According to Toobin, of the Supreme Court. Justice Thomas never This book, brilliantly spoke at oral argument and written by Jeffrey Toobin, was probably the most con- CNN’s Senior Legal Analyst servative justice on the and a former federal prose- Court since FDR’s Court- cutor, is a page-turner that packing plan in 1937. you won’t be able to put Toobin also describes down. Why? After reading Justice Ginsburg as shy, this book, one comes away and writes that Justice with the sense that the nine Breyer has a sing-song justices are involved in a voice. During his nomina- gigantic “tug of war” tion process, a colleague of between the conservative future Chief Justice John G. (Alito, Roberts, Scalia and Roberts said that the G in Thomas) and liberal his middle name stood for (Breyer, Ginsburg, Souter God. Indeed, Chief Justice and Stevens) blocs of the Roberts had been sent by Court, with the goal being George W. Bush after the to garner at least five votes. 2000 election to Tallahassee As former Justice William to help in his legal chal- Brennan stated, the “rule of lenge of the vote. Justice five” reigns supreme (no Alito and Chief Justice pun intended). Toobin’s Roberts, who took great underlying thesis seems to pride in their conservatism, be that there has been a seis- both worked in the Reagan mic shift from the liberal administration. Toobin Warren Court to the conser- sees Justice Scalia as bored vative Roberts Court. on the Court. Toobin deals with the Toobin also spends a historical, legal and politi- great deal of time dis- cal perspectives of the Court and constitutional right of privacy or cussing the major legal issues of the its members over the years. Each the use of international law and day, including abortion and affir- and every member of the current treatises in rendering Supreme mative action. The politicization of Supreme Court and his or her Court decisions. Justice Kennedy the Supreme Court, such as efforts respective decisions are reviewed (the new “swing vote” on the by the Federalist Society and others and analyzed at length. Toobin Court), Justice Breyer and Justice trying to influence the Court with spends a great deal of time on the O’Connor are described as inter- the nominations of persons to be pivotal role played by former nationalists, who enjoy traveling considered for appointment to the Supreme Court Justice Sandra abroad and meeting with mem- Court by both Presidents Clinton Day O’Connor. Like her prede- bers of foreign judiciaries. and Bush, is also described. cessor on the Court, Justice Lewis There are also light-hearted The interaction between politics Powell, O’Connor was the and heart-warming descriptions and the Supreme Court is especially “swing vote” until her recent of each of the current dealt with when Toobin describes

84 Georgia Bar Journal the case of Bush v. Gore. Toobin’s and the decisions of the Bush A great read. I highly recom- thesis appears to be that the administration seemed to be pivotal mend it. Supreme Court erred not only when in the eventual decisions of both it decided to hear Bush v. Gore but Justices O’Connor and Souter to Bob Beer practices also by the unusual speed with resign. Indeed, Justice O’Connor immigration law in which that decision was made. saw President Bush as a threat to Marietta, Ga. He is Indeed, Justice Souter seriously con- judicial independence, a fact that also a member of the sidered resigning from the Court was politely alluded to in the resig- Georgia Bar Journal after Bush v. Gore was decided. nation letter that she sent to the editorial board. Indeed, that controversial decision White House. Resources for Unemployed Attorneys

The State Bar of Georiga provides resources to attorneys who are unemployeed as a member beneﬁ t. Some of the resources include:

Lunch and Learns for Lawyers Seeking Employment Law Practice Management Program Lawyers Assistance Program Georgia Law Schools’ Careers Centers Court Appointed Work by County Links to Many Other Online Resources

For more information, visit www.gabar.org/ news/resources_for_unemployed_attorneys/

August 2009 85 CLE Calendar

August-September AUG 5-6 ICLE AUG 21 ICLE Real Property Law Institute—Replay Arbitration Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 12 CLE Hours 6 CLE Hours

AUG 7-8 ICLE AUG 28 Georgia Association of Criminal Environmental Law Summer Seminar Defense Lawyers St. Simons Island, Ga. Voir Dire Voyage See www.iclega.org for location Atlanta, Ga. 8 CLE Hours 6 CLE Hours

AUG 12 Lorman Education Services SEPT 4 ICLE Medical Records Law Professionalism, Ethics and Malpractice Savannah, Ga. Kennesaw, Ga. 6 CLE Hours See www.iclega.org for location 3 CLE Hours AUG 17 NBI, Inc. Estate Planning and Recovery SEPT 4-5 ICLE for Elderly Clients Urgent Legal Matters Atlanta, Ga. St. Simons Island, Ga. 6 CLE Hours See www.iclega.org for location 12 CLE Hours AUG 18 ICLE Group Mentor Training SEPT 10 ICLE Atlanta, Ga. Punitive Damages See www.iclega.org for location Atlanta, Ga. 0 CLE Hours See www.iclega.org for location 6 CLE Hours AUG 20 ICLE Contract Litigation SEPT 10-11 ICLE Atlanta, Ga. City and County Attorneys Institute See www.iclega.org for location Athens, Ga. 6 CLE Hours See www.iclega.org for location 12 CLE Hours AUG 20 ICLE Nuts & Bolts of Family Law SEPT 11 ICLE Savannah, Ga. Hot Topics in Guardianships See www.iclega.org for location Atlanta, Ga. 6 CLE Hours See www.iclega.org for location 6 CLE Hours AUG 20 NBI, Inc. Mixed-Use Development from A to Z SEPT 11 ICLE Atlanta, Ga. Law Practice Management 5 CLE Hours Atlanta, Ga. See www.iclega.org for location 6 CLE Hours

Note: To verify a course that you do not see listed, please call the CLE Department at 404-527-8710. Also, ICLE seminars only list total CLE hours. For a breakdown, call 800-422-0893.

86 Georgia Bar Journal CLE Calendar

SEPT 14 ICLE SEPT 21 NBI, Inc. Government Attorneys Probate Process from A to Z Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location 6 CLE Hours 6 CLE Hours SEPT 24 ICLE SEPT 14 NBI, Inc. Employment Law Advanced LLC Issues Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location 6.7 CLE Hours 6 CLE Hours

SEPT 15 NBI, Inc. SEPT 24-25 Georgia State University School Property Taken Through Eminent of Law Domain in Georgia Interdisplinary Collaborative Atlanta, Ga. Education Conference 6 CLE Hours Atlanta, Ga. 5.8 CLE Hours SEPT 17 ICLE Nuts & Bolts of Family Law SEPT 25 ICLE Atlanta, Ga. Georgia Law of Torts See www.iclega.org for location Macon, Ga. 6 CLE Hours See www.iclega.org for location 6 CLE Hours SEPT 17 NBI, Inc. Legal Issues in Real Estate Foreclosure SEPT 25 ICLE Atlanta, Ga. Professional & Ethical Dilemmas 6 CLE Hours Atlanta, Ga. See www.iclega.org for location SEPT 17-19 ICLE 6 CLE Hours Insurance Law Institute St. Simons, Ga. SEPT 25 ICLE See www.iclega.org for location Anatomy for Lawyers 12 CLE Hours Atlanta, Ga. See www.iclega.org for location SEPT 18 ICLE 6 CLE Hours Successful Trial Practice Atlanta, Ga. SEPT 30 ICLE See www.iclega.org for location Georgia Diversity Program 6 CLE Hours Atlanta, Ga. See www.iclega.org for location SEPT 18 ICLE 6 CLE Hours Agricultural Law Macon, Ga. See www.iclega.org for location 6 CLE Hours

August 2009 87 Notices Notice of Motion to Amend the Rules and Regulations of the State Bar of Georgia

No earlier than thirty days after the publication of Members be amended by deleting the struck-through this Notice, the State Bar of Georgia will file a Motion sections and inserting the sections underlined and ital- to Amend the Rules and Regulations for the icized as follows: Organization and Government of the State Bar of Georgia pursuant to Part V, Chapter 1 of said Rules, Rule 1-202. Classes of Members. 2008-2009 State Bar of Georgia Directory and Handbook, p. H-6 to H-7 (hereinafter referred to as “Handbook”). ……… I hereby certify that the following is the verbatim text of the proposed amendments as approved by the (e) Disabled Members. Any member of the State Board of Governors of the State Bar of Georgia. Any Bar of Georgia who is found to be permanently dis- member of the State Bar of Georgia who desires to abled by the Social Security Administration or is in object to these proposed amendments to the Rules is the process of applying to the Social Security reminded that he or she may only do so in the manner Administration for such status may retire from the provided by Rule 5-102, Handbook, p. H-6. State Bar of Georgia upon petition to and approval This Statement, and the following verbatim text, are by the Board of Governors Executive Committee. intended to comply with the notice requirements of Such a disabled member shall hold disabled status Rule 5-101, Handbook, p. H-6. and shall annually confirm in writing to the Membership Department this disabled status. A dis- Cliff Brashier abled member of the State Bar of Georgia holding Executive Director disabled status under this paragraph shall not be State Bar of Georgia privileged to practice law nor be required to pay dues or annual fees. A disabled member may be IN THE SUPREME COURT reinstated to active membership upon application STATE OF GEORGIA to the State Bar of Georgia.

IN RE: STATE BAR OF GEORGIA If the proposed amendments to the Rule are adopt- Rules and Regulations for its ed, the new Rule 1-202(e) would read as follows: Organization and Government Rule 1-202. Classes of Members. MOTION TO AMEND 2009-1 MOTION TO AMEND THE RULES AND REGU- ……… LATIONS OF THE STATE BAR OF GEORGIA (e) Disabled Members. Any member of the State COMES NOW, the State Bar of Georgia, pursuant to Bar of Georgia who is found to be permanently dis- the authorization and direction of its Board of abled by the Social Security Administration or is in Governors, and upon the concurrence of its Executive the process of applying to the Social Security Committee, and presents to this Court its Motion to Administration for such status may retire from the Amend the Rules and Regulations of the State Bar of State Bar of Georgia upon petition to and approval Georgia as set forth in an Order of this Court dated by the Executive Committee. Such a disabled mem- December 6, 1963 (219 Ga. 873), as amended by subse- ber shall hold disabled status and shall annually quent Orders, 2008-2009 State Bar of Georgia Directory and confirm in writing to the Membership Department Handbook, pp. 1-H, et seq., and respectfully moves that the this disabled status. A disabled member of the State Rules and Regulations of the State Bar of Georgia be Bar of Georgia holding disabled status under this amended in the following respects: paragraph shall not be privileged to practice law nor be required to pay dues or annual fees. A dis- I. abled member may be reinstated to active membership upon application to the State Bar of Georgia. Proposed Amendments to Part I, Creation and Organization, of the Rules of the State Bar of Georgia II.

It is proposed that Rule 1-202(e) of Part I of the Rules Proposed Amendments to Part I, Creation and of the State Bar of Georgia regarding Disabled Organizaton, of the Rules of the State Bar of Georgia

88 Georgia Bar Journal It is proposed that Rule 1-208 (2) payment of a readmission Determine Fitness on or after (b)(3) of Part I of the Rules of the fee to the State Bar equal to January 1, 2008. State Bar of Georgia regarding the amount the member seek- Resignation from Membership be ing readmission would have III. amended by the addition of a sub- paid if he had instead elected section (i) to section (b)(3) as follows: inactive status; and, Proposed Amendments to Part I, (3) submission to the mem- Creation and Organizaton, of the Rule 1-208. Resignation from bership section of the State Rules of the State Bar of Georgia Membership Bar of a determination of fit- It is proposed that Rule 1-506 of ness from the Board to Part I of the Rules of the State Bar ……… Determine Fitness of Bar of Georgia regarding the Clients’ Applicants. Security Fund Assessment be (b) Readmission within five amended by deleting the struck- years after resignation: for a (i) provided the former mem- through sections and inserting the period of five years after the ber seeking readmission has sections underlined and italicized effective date of a voluntary applied to the Board to as follows: resignation, the member of Determine Fitness of Bar the State Bar who has Applicants before the expira- Rule 1-506. Clients’ Security resigned while in good stand- tion of the five year period after Fund Assessment ing may apply for readmis- his or her resignation, the for- sion to the State Bar upon mer member shall be readmit- (a) The State Bar is authorized completion of the following ted upon submitting a deter- to assess each member of the terms and conditions: mination of fitness even if the State Bar a fee of $100.00. This five year period has expired. $100.00 fee may be paid in min- (1) payment in full of the cur- This provision shall be applica- imum annual installments of rent dues for the year in ble to all former members who $20.00 $25.00 for a period of which readmission is sought; applied to the Board to five (5) four (4) years. Each new

August 2009 89 member of the State Bar will also be assessed a sim- Security Fund and shall be in addition to the ilar amount upon admission to the State Bar. This annual license fee as provided in Rule 1-501 fee shall be used only to fund the Clients’ Security through Rule 1-502. Fund and shall be in addition to the annual license fee as provided in Rule 1-501 through Rule 1-502. (b) For a member who joins the State Bar after taking the Georgia Bar Examination, the Clients’ (b) For a member who joins the State Bar after tak- Security Fund assessment shall be due and ing the Georgia Bar Examination, the Clients’ payable in $25.00 installments on July 1 of each Security Fund assessment shall be due and payable year until the balance of $100.00 is paid. The fail- in $20.00 $25.00 installments on July 1 of each year ure of a member to pay the minimum annual until the balance of $100.00 is paid. The failure of a installments shall subject the member to the same member to pay the minimum annual installments penalty provisions, including late fees and sus- shall subject the member to the same penalty pro- pension of membership, as pertain to the failure to visions, including late fees and suspension of pay the annual license fee as set forth in Bar Rules membership, as pertain to the failure to pay the 1-501 and 1-501.1. annual license fee as set forth in Bar Rules 1-501 and 1-501.1. (c) For a member who is admitted as a Foreign Law Consultant or who joins without taking the Georgia (c) For a member who is admitted as a Foreign Law Bar Examination, and who has not previously paid Consultant or who joins without taking the Georgia the Clients’ Security Fund Assessment, the full Bar Examination, and who has not previously paid assessment shall be due and payable prior to or the Clients’ Security Fund Assessment, the full upon registration with the State Bar. assessment shall be due and payable prior to or upon registration with the State Bar. SO MOVED, this ____ day of ______, 2009

If the proposed amendments to the Rule are adopted, Counsel for the State Bar of Georgia the new Rule 1-506 would read as follows: ______Robert E. McCormack Rule 1-506. Clients’ Security Fund Assessment Deputy General Counsel (a) The State Bar is authorized to assess each mem- State Bar No. 485375 ber of the State Bar a fee of $100.00. This $100.00 fee may be paid in minimum annual installments OFFICE OF THE GENERAL COUNSEL of $25.00 for a period of four (4) years. Each new State Bar of Georgia member of the State Bar will also be assessed a 104 Marietta Street NW, Suite 100 similar amount upon admission to the State Bar. Atlanta, Georgia 30303 This fee shall be used only to fund the Clients’ (404) 527-8720 Notice of and Opportunity for Comment on Amendments to the Rules of the U.S. Court of Appeals for the Eleventh Circuit and to Addendums Four and Six Therto

Pursuant to 28 U.S.C. ‘‘2071(b) and 332(d)(1), notice A copy of the proposed amendments may be and opportunity for comment is hereby given of pro- obtained on and after July 31, 2009, from the court’s posed amendments to the Rules of the U.S. Court of website at www.ca11.uscourts.gov. A copy may also be Appeals for the Eleventh Circuit and to the following obtained without charge from the Office of the Clerk, Addendums thereto: Addendum Four, “Eleventh U.S. Court of Appeals for the Eleventh Circuit, 56 Circuit Plan Under the Criminal Justice Act,” and Forsyth St. NW, Atlanta, Georgia 30303 (phone: 404- Addendum Six, “Rules and Regulations of the Judicial 335-6100). Comments on the proposed amendments Council and the United States Court of Appeals for the may be submitted in writing to the Clerk at the above Eleventh Circuit for the Selection of Nominees, the street address by Aug. 31, 2009. Appointment of Bankruptcy Judges, and the Reappointment of Bankruptcy Judges.”

90 Georgia Bar Journal Classified Resources

Books/Office Furniture & Equipment Practice with experienced attorneys, free parking, LegalEats, A Lawyer’s Lite Cookbook: is a fun legal- conference space, receptionist. Below market. themed cookbook, with easy to prepare gourmet Call 404-321-7733. recipes, targeted to the legal community. A “must” for any lawyer with a demanding palate, “LegalEats” Near Emory, CDC, VA. 2-3 room and larger suites makes a great gift and is a welcome kitchen shelf addi- available—some furnished. Rents start at $550 tion. Available at leading online bookstores such as and include utilities. Move in with us and save $. Barnes & Noble and Amazon.com. 404-786-0229.

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Hardest Working Site on the Web. www.gabar.org

August 2009 91 Classified Resources

haulage/trucking/rail, agreement disputes, product fee. Med-mal EXPERTS. www.medmalExperts.com liability, mineral property management, asset and min- 888-521-3601 eral appraisals for estate and tax purposes. Joyce Associates 540-989-5727. Miscellaneous Sign up for “Creating a Passion-Driven Legal Handwriting Expert/Forensic Document Examiner Team”—“When I grow up I want to be a lawyer or Certified by the American Board of Forensic work in the legal field.” Many of us attained that Document Examiners. Former Chief, Questioned dream, but some have lost the passion. Can the pas- Documents, U.S. Army Crime Laboratory. Member, sion be rekindled? Through our assessment, you will American Society of Questioned Document gain clarity about your natural skills, talents, and abil- Examiners and American Academy of Forensic ities and be able to help your law firm create a pas- Sciences. Farrell Shiver, Shiver & Nelson Document sion-driven legal team. Be prepared for a highly inter- Investigation Laboratory, 1903 Lilac Ridge Drive, active and fun adventure! 9 a.m. - 3:30 p.m.; $175.00; Woodstock, GA 30189, 770-517-6008. Instructor: E. Joy King, PhD; Contact Ashley at 770- 938-2250 or www.btiedu.com to register for a Friday MEDICAL MALPRACTICE. We’ll send you to a or Saturday session. physician expert you’re happy with, or we’ll send your money back. We have thousands of testimony experienced doctors, board certified and in active practice. Fast, easy, flat-rate referrals. Also, case reviews by veteran MD specialists for a low flat

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92 Georgia Bar Journal

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