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GRADUATION (MAY 2014) LAW CENTERS PUBLIC INFORMATION PROGRAMS • 177 JD degrees • Bioethics and Health Law • Judicial Data Project • 4 LLM degrees (Mexico, Philippines, • Litigation and Dispute Resolution www.law.mc.edu/judicial Afghanistan, China) • Business and Tax Law • Mississippi Legislative History Project • Family and Children www.law.mc.edu/legislature JULY MISSISSIPPI BAR EXAM • Public Interest Law tMississippi Legal Resources • 2012: 72 of 83 or 86.7% of MC Law • International and Comparative Law www.law.mc.edu/mlr grads passed (overall 81.3%) • 2013: 76 of 89 or 85.4% of MC Law LAW PROGRAMS FACULTY grads passed (overall 86.2%) • Juris Doctorate degree (J.D.) • 26 full time faculty • Executive J.D. program (part time) www.law.mc.edu/faculty ENTERING CLASS (AUGUST 2013) • Academic Success program (summer start) • 13 hold Ph.D. or Masters degrees • 159 JD candidates • Fast Start Program (summer start) in addition to JD degrees • 64% Mississippi / 36% out of state • Civil Law Program (Louisiana) • 86 adjunct faculty • 56 undergrad schools • Master of Laws (LLM) in American Legal • 164 high LSAT Studies for International Lawyers MEMBERSHIP • 149 median LSAT • Foreign Study Program (Merida, Mexico; • Accredited by the American Bar • 4.21 high GPA China/Seoul, Korea; Berlin, Germany; Association • 3.30 median GPA Havanna, Cuba; Lille, France) • Member, Association of • 57% male • Two-Year JD Program American Law Schools • 43% female • Adoption Project • Charter Member, International • 25% minority • Mission First Legal Aid Clinic Association of Law Schools • $2,017,000 awarded in merit • Continuing Legal Education • Member, American Society scholarships to entering students www.law.mc.edu/cle of Comparative Law • 4 LLM candidates (Mexico, • Mississippi Law Institute Press Philippines, Afghanistan, China) www.law.mc.edu/publications Consumer information for MC Law CLASS OF 2013 (EMPLOYMENT at www.law.mc.edu/consumer 9 MONTHS AFTER GRADUATION) Admissions www.law.mc.edu/admissions • 79 (42%) private law ﬁrms or 601.925.7152 • 25 (13%) government • 24 (13%) seeking employment As of May 12, 2014 • 20 (11%) business • 14 (9%) judicial clerks • 10 (5%) graduate degree • 6 (3%) public interest • 1 (1%) not seeking employment

mississippi college school of law | 151 e. griffith street | jackson, ms 39201 | 601.925.7100 | www.law.mc.edu PRESIDENT Eugene M. Harlow (Gene), Laurel PRESIDENT-ELECT Roy D. Campbell, III, Jackson SECOND VICE-PRESIDENT Julie J. Gresham, Biloxi IMMEDIATE PAST PRESIDENT Guy W. Mitchell III, Tupelo VOL. LXI SPRING 2015 NO. 3 BOARD OF COMMISSIONERS Jason D. Herring, Tupelo Peter C. Abide, Biloxi Features Jennifer Tyler Baker, Gulfport Kent E. Smith, Holly Springs Lawrence L. Little, Oxford Legalized Gaming in Mississippi: A Young Industry with an Howard Q. Davis, Jr., Indianola Ronald S. Wright, Ackerman Eventful History Scott F. Slover, Natchez By Jay McDaniel 10-15 Laura M. Glaze, Jackson William Liston III, Jackson Rebecca Lee Wiggs, Jackson Illegal Gaming: A Mississippi Tradition La'Verne Edney, Jackson By Louis Frascogna 16-18 Willie T. Abston, Flowood Melissa Carleton, Choctaw Brannan P. Southerland, Vicksburg Tips for Effective Mediation- Making an Offer They Can’t Refuse E. Nick Kramer III, Quitman Cynthia I. Mitchell, Clarksdale By Donald C. Dornan, Jr. 20-26 Chadwick L. Shook, Hattiesburg John R. Tullos, Raleigh Talking to the Jury: Opening Statements and Closing Arguments Mark R. Holmes, McComb John A. Howell, Picayune By Rocky Wilkins 28-33 Michelle D. Easterling, West Point Joseph D. Neyman, Jr., Hernando Convention Registration 39-45 Richard O. Burson, Laurel Jessica M. Dupont, Pascagoula Shannon S. Elliot, Brandon Whitney Adams, Pearl David L. Morrow, Jr., Brandon Departments Bryant W. Clark, Lexington Timothy L. Rutland, Hazlehurst President’s Message 7 Ashley N. Wicks, Ridgeland YOUNG LAWYERS DIVISION Final Disciplinary Actions 35-38 President Jennie A. Eichelberger, Jackson Leadership Forum 46-49 President-Elect Diala H. Chaney, Oxford Young Lawyers Division News 50 ABA DELEGATES W.C. (Cham) Trotter, III, Belzoni Charles J. Swayze, Jr., Greenwood Spring 2015 New Admittees 52 EXECUTIVE DIRECTOR Larry Houchins, Jackson New “Lawyers in the Family” 53 EDITOR Law Day Art Contest Winners 54-57 Sam Kelly, Jackson MANAGING EDITOR Lawyers Helping Lawyers 58 Melanie Henry, Jackson ADVERTISING MANAGER In Memoriam 59-61 Krissa Dobbins Easley, Jackson Professional Announcements 63-64 Classified Advertising 65

The Mississippi Lawyer is published quarterly by The Mississippi Bar, 643 North State Street, P.O. Box 2168, Special thanks to the Mississippi Bar’s Gaming Law Section Jackson, Mississippi 39225. Telephone (601) 948-4471. and the Young Lawyers Division’s Mid- Year Conference for Publication of advertising does not imply endorsement of products, services or statements made concerning them. All providing the feature articles of this issue. advertising copy is subject to approval. The Editor reserves the right to reject advertising. Manuscripts are welcome and preparation instructions may be obtained on request. The right is reserved to select materials to be published. Material accepted for publication becomes property of The Mississippi Bar. Statement of opinions appearing herein are those of the authors and are not necessarily that of the Editor, Officers or Board of Commissioners of The Mississippi Bar.

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u revoir, Arrivederce, Adios, Auf Wiedersehen, Tot ziens, Farvel and Hasta la Vista my friends! That is goodbye in many different speaks and see you later! It has Abeen a great year and absolutely flown by. My term will come to an end at the Farewell Luncheon at our Annual Bar Convention on July 11th. New blood is waiting in the wings. Our Bar will never miss a beat. What an incredible staff you have at the MS Bar. Our Executive Director, Larry Houchins along with his very capable staff do a beautiful job keeping us all on the right track year after year. Melanie Henry, Associate Executive Director is the perfect complement to Larry, and as talented as anyone I know in developing meaningful programs. If you have the opportunity to go to the Annual Convention this year you will see another example of what Melanie can do and does year after year. We welcome our State and Federal judiciary which will both have a very strong presence at the Convention. For those with young children or grandchildren the Convention really caters to their needs and fun. Lifetime memories are made every year for these youngsters. I sincerely hope you can join us. I want to thank every member of our Bar for allowing me the opportunity to represent our organization this past year. The work of our some 18 various standing and ad hoc committees has gone forward with many examples of fruitful results. I will not bore you with the many examples of committee work but to every member of these various committees, thank you! Likewise to our entire Board of Bar Commissioners, thank you for your service! We have seen great leadership and management come out of our General Counsel’s office. I can definitely say that we police our own with a fair and balanced hand. Thank you Adam, Missy, Jim, Glen and staff for the service you provide to our members every day! When one of our own stumbles in the form of mental illness or addiction our Lawyers and Judges Assistance Program is available to lend a helping hand. They are one of the few that can literally save a life if only given the opportunity. When Chip Glaze our LJAP Director is not dealing with an emergency need he is constantly seeking opportunities to increase awareness among our members. Thank you Chip and Carolyn for reaching out to those that need a helping hand! I will have to say we have had a lot of fun and learned a lot with our CLE on the Road. We first went to Cleveland, second to my home town of Laurel where we visited area bars in Waynesboro, Quitman and Bay Springs and finally to Tupelo and to more area bars in Pontotoc, New Albany and Booneville. We had the opportunity on all of these occasions to hear from the “real bar”, people just like you and me. We talked to lawyers and judges and heard about local programs and activities. This may have been one of the more enjoy- Eugene M. Harlow able opportunities all year. However I will have to say that I really enjoyed speaking to President of The Mississippi Bar 1L’s at Ole Miss and at MC Law schools during the James O. Dukes Professionalism pro- 2014-2015 grams at the beginning of the school year. I was much honored to be asked to speak at the Continued on next page

The Mississippi Lawyer Spring 2015 7 Adios and Hasta la Vista

Ole Miss Law graduation just recently. Likewise I had the opportunity to talk to our newest lawyers at both the Spring and Fall Bar Admission Ceremonies and this too was a joy. Melanie Henry organized a terrific five month “bar leadership” program for young lawyers chosen from around our state. With one exception, “moi”, the speakers were dynamic to say the least. Perhaps just a “ham”, but I really enjoyed speaking to these younger lawyers too. Finally we held our annual Memorial Service at the Supreme Court building and this was a moving opportunity for me, being allowed to give the Eulogy to family and friends that attended. As you can see these opportunities have truly been an honor for me. Through the year we have met bar leaders and their spouses from around the country. My wife, Jan and I have created relationships that will last well beyond the bar year. I can honestly say that I have grown more in this short period of time than I thought possible. There were countless opportunities to experience learning by the examples of these great leaders. While most of our opportunities to share knowledge came from bar leaders in our southern states we had the opportunity to experience the same from bar leaders from all around the country. Right here at home, I have come to realize what a great legal community we have in MS. MS leadership within our Bar is impressive to say the least. We all know that our country suffers from access to justice issues on many different fronts. It is one thing to recognize the problem and another to really do something about it! The MS Bar cannot cure the problem. It requires you and me to get involved because we care. The MS legal community is so much broader in its “reach out” to this issue than I ever realized. Besides the MS Bar you have the Young Lawyers Division contributing in a most meaningful way. They are in fact a most effective public service arm of the MS Bar. Then you have the work of the Magnolia Bar that branches out in many different directions with meaningful programs. There are our local bar associations across the State like the Capital Area Bar Association (CABA) dealing with these issues in their own locale. But this is just the tip of the iceberg! Unfortunately we are a state rich in poverty, a poster child for the critical need for access to our justice system by many underserved segments of Mississippi’s population. The MS Access to Justice Commission seeks to represent the many MS organizations that work to provide access to our judiciary in a meaningful way. There are organizations across our State that break down the needs in many different ways. I want each of us to know that the following organizations made up of people just like you and me ARE doing something about it! The MS Volunteer Lawyer’s Project is an organization we all recognize as filling a critical need by providing an option for legal services to the poor of our state. The bulk of pro bono services provided to the poor of our state comes from the hard work of North MS Rural Legal Services and Mississippi Center for Legal Services. Our two law schools are doing their part to provide legal services while at the same time giving students experience and opportunity to work with these underserved clients. The University Of Mississippi School Of Law has roughly ten practice areas within their Clinical Programs and also operates the Pro Bono Initiative as well as a clinical externship program. Mississippi College School of Law Clinical Programs operate the Mission First Legal Aid Office and the Family and Children’s Law Center which includes an Adoption Legal Clinic and their Public Service Law Center which coordinates an MC Law externship program. The Southern Poverty Law Center, Mississippi Immigrant Rights Alliance, Mississippi Workers’ Center for Human Rights, Mississippi Center For Justice, ACLU of MS, Choctaw Legal Defense and the Catholic Charities Legal Assistant Clinic are significantly serving the needs of our poor and help in the ongoing struggle to provide access to justice to every Mississippian. Unlike my opening paragraph expressing “goodbye” in many different languages I hope that those of us who practice law in MS will speak a common language and find a common purpose to serve the public, all of our public, through the many avenues to provide access to justice in MS. Again many thanks for allowing me the opportunity to serve you this past year. It has truly been my pleasure! I

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10 Spring 2015 The Mississippi Lawyer Legalized Gaming in Mississippi: A Young Industry with an Eventful History

he regulated casino industry was born in Mississippi when gaming was legalized just twenty-five years ago. When compared with other large regulated industries in Tthe state – banking, insurance, healthcare to name a few – the gaming industry is still rather young.

However, it is an industry that has changed whether the lottery that was created prior dramatically and endured much during its to the 1869 constitution could continue. tenure here, and it continues to change and The United States Supreme Court decided adapt today. The role that lawmakers, the issue and held that a lottery contract attorneys, regulators and the operators that resulted in the legislature giving up themselves have played in developing a the right to regulate or prohibit a lottery successful gaming industry cannot be was invalid. See Stone v. Mississippi, 101 overstated. A quick look at the history of U.S. 814 (1879). After this brief attempt, gaming in our state is fascinating and state-regulated gaming was nonexistent in highlights many legal and operational Mississippi for the next one hundred years challenges that had to be overcome to get (although local unregulated gaming was the industry where it is today. quite an industry on the gulf coast for many years before Hurricane Camille). Starting from Scratch The explosion of gaming in Nevada in Three simple elements are required to the 1960s and the successful introduction engage in gambling: Consideration, of gaming in Atlantic City, New Jersey in chance and reward. Miss. Gaming the 1970s gave states a reason to consider Comm’n v. Henson, 800 So. 2d 110, 113 gaming as a regulated activity again. (Miss. 2001). There are some exceptions Many states viewed gaming as not only a for things like charitable games and raf- tax revenue generator, but also an enter- fles, but generally, engaging in the three tainment outlet that could enhance tourism elements can trigger a gambling charge. and help showcase other attractions in the This is certainly true when an electronic state. The first instance of legal casino machine or table game is involved. Illegal gaming appeared in Mississippi in 1987, gaming has long had some presence in this but not by legislative enactment. The state. In fact, wagering on games of Europa Star cruise ship created a gaming chance has existed in Mississippi in one business by making excursions from form or another for centuries dating back Biloxi to waters where Mississippi to games conducted by Native Americans. arguably had no jurisdiction. Legal battles However, regulated wagering first made ensued over whether the excursions were its appearance statewide in the form of a permissible, with the Attorney General’s lottery approved by the Mississippi office arguing that the 90 minute trip off Legislature in 1867. shore did not take the cruise ship out of In 1867 the state was trying to find Mississippi’s waters. It was eventually ways to recover financially after the Civil determined that Mississippi did have juris- War. The legislature created the Missis- diction over these waters, but the issue was sippi Agricultural and Manufacturing Aid quickly becoming moot thanks to the state Society, and granted that entity the right to legislature. conduct lotteries in Mississippi. However, In 1989 lawmakers decided to allow when a new state constitution was adopted gambling aboard cruise ships as long as By Jay McDaniel two years later it specifically prohibited those ships were passing to or from inter- the legislature from approving a lottery. This of course led to legal challenges as to Continued on next page

The Mississippi Lawyer Spring 2015 11 Legalized Gaming in Mississippi: A Young Industry with an Eventful History national waters. One year later in 1990 the quickly became apparent that gaming was casino in Tunica County. Upon opening state enacted much broader legislation going to be hugely popular in the area and the casino charged an entry fee just to get known as the Gaming Control Act. The plans were made by developers to do any- into the casino, and there were still lines to Gaming Control Act created the frame- thing they could to make their operations get inside. The Splash Casino had so work to establish the Mississippi Gaming more permanent. Fortunately for the oper- many visitors that it had to be temporarily Commission and legalizing dockside gam- ators, the Gaming Control Act was not so closed at one point just so all of the money ing along the Mississippi River and restrictive that these large-scale develop- in the count room could be counted and coastal counties. See Miss. Code Ann. § ments could not be achieved. moved to the bank to make room for more. 75-76-1, et seq. Prior to the passage of the Other than the qualifications about This was an early sign that Tunica had Act, many found it inconceivable that such locations and structures, the rest of the serious potential. legislation could get passed in the Bible Mississippi Gaming Control Act was In October 1993 the Mississippi Belt, and found it even more implausible modeled after Nevada’s gaming statutes Gaming Commission was formed and that such an industry could thrive. The and regulations. Nevada has always been took over the primary role of regulating doubters were wrong. regarded as the domestic expert on the the casino industry (prior oversight was by subject, and it was a good idea to emulate the tax commission). By early 1994, 19 The “Mississippi Miracle” its regulations which had cleaned up the casinos had opened in Mississippi. By the When gaming was first legalized in industry in the state. However, Mississippi end of that year over 30 had been opened. this state, many believed that the casinos did not have near the number of gaming Also in 1994 the Silver Star casino opened that would follow would resemble the old experts, and was ill-prepared for what in Neshoba County, thanks to a compact riverboats that once patrolled the would follow shortly. In 1992 four legal entered into by the State and the Mississippi River and its waterways. After casinos appeared in Mississippi within a Mississippi Band of Choctaw Indians. all, the legislation to pass dockside gam- span of three months. The first dockside Many coined the statewide gaming expan- bling used words like “cruise vessel” and casino appeared in the state on August 1, sion as the “Mississippi Miracle.” “navigable waters.” Few expected the 1992 when the Isle of Capri – Biloxi Expectations were tempered early, but by large resorts and entertainment options opened. Two other casinos, the President 1994 a state budget surplus was recog- that are here today. While the early oper- Casino in Biloxi and the Biloxi Belle, nized and some credit for the surplus was ators did use large barges that were quick- opened that same August. In October given to the introduction of gaming into ly moved and moored into gaming sites, it 1992 the Splash Casino became the first the State. Regulators and state officials

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12 Spring 2015 The Mississippi Lawyer Legalized Gaming in Mississippi: A Young Industry with an Eventful History were not the only ones trying to control Black River not far from Interstate 20 and their operation, Commissioner Engram what they had on their hands. Likewise, in much closer proximity to Jackson than and his fellow commissioners instituted gaming attorneys that were new to the the Vicksburg casinos were. The develop- infrastructure regulations in 1999 that concept of regulated gaming were having ers argued that the Big Black was a navi- required any new casino development to to guide their clients through the rigorous gable waterway of the Mississippi River. spend an equal amount of money on addi- process of applying for gaming licenses, Because it was still in Warren County, it tional infrastructure as they did on the getting gaming equipment approved and was in a location where gaming was legal gaming areas themselves. This regulation licensing individuals that were associated helped give rise to more hotel rooms, golf with these gaming companies. Many of courses, marinas and other amenities that the members of the gaming section of the More work was done during many of the properties have today. Larger Mississippi Bar were guiding the mergers, the 2005 legislative session amenity driven properties were built like acquisitions and reorganizations as casi- the Beau Rivage that opened in 1999 and nos entered the marketplace and changed when lawmakers addressed the Hard Rock in Biloxi that was finished hands. concerns that gaming vessels in 2005. This was also a time that saw some might need extra protection More work was done during the 2005 legal maneuvering to clarify just where the legislative session when lawmakers casinos could be located. The relevant from hurricanes on the gulf addressed concerns that gaming vessels statutes and regulations mandated that coast or floods on the river. might need extra protection from hurri- gambling was only legal on a vessel or canes on the gulf coast or floods on the cruise vessel as defined in Mississippi river. The legislature passed a law that Code Ann. § 27-109-1. For the river coun- even though it was not immediately adja- allowed casinos to elevate their barges on ties, the vessel had to be on the cent to the Mississippi River. As you can pilings or take other engineering measures Mississippi River or its navigable waters imagine opposition arose over the legality to protect against storm surges or floods. within any county bordering on the of the location, much of it from casinos These protective measures were imple- Mississippi River. Thus, the question for that were already operating in Vicksburg. mented so that the barges could withstand many applicants became “where can I put Ultimately the Mississippi Gaming weather events, but the law did not allow my vessel and still be on the Mississippi Commission decided that while the site the casinos to be moved to new locations. River?” The river of course rises and falls, technically fit the definition of a legal site Continued on next page and what appears to be the shoreline one it was not a suitable site for gaming, citing week may no longer be the shoreline the several concerns over what a major devel- next week. It was eventually determined opment could do to that portion of the that a vessel could be placed anywhere river environmentally and otherwise. within the bank-full stage of the river While appeals followed, the Mississippi where there was a suitable, navigable Supreme Court upheld the commission’s waterway. The bank-full stage is an estab- decision. See, generally, Mississippi lished stage at a given location along a Gaming Comm’n v. Pennebaker, 824 river that represents the maximum safe So.2d 552 (Miss. 2002) (finding that the water level that will not overflow the river Mississippi Gaming Commission’s deter- banks. Thus, in Tunica especially, opera- mination that the planned casino site was tors were able to use waterways that not suitable for gaming was supported by extended off of the main river channel but substantial evidence). that were still within the bank-full stage of the river itself. This was an important step Enhancing the Product and Beating the for the industry because it allowed larger Odds vessels to be moored in these waterways By the late 1990s the market began to without the worry of the constant rising stabilize and the casinos matured into and falling of the main river channel itself. more than just a short-term idea. Larger Such a determination is what allowed the structures were built and amenities added. larger resorts to be built in Tunica with Numerous individuals worked to make hotels and other amenities next to the ves- sure the developing product could flourish sels themselves. and grow. During this time Captain Also in the mid-1990s a legal issue Robert C. Engram, Commissioner helped was boiling in Warren County over developed a regulation requiring operators whether another navigable waterway was to bring more than floating vessels to their an appropriate site for a casino. gaming sites. Having the foresight to rec- Developers wanted to build a large casino ognize that any number of factors could in eastern Warren County along the Big suddenly make an operator up and move

The Mississippi Lawyer Spring 2015 13 Legalized Gaming in Mississippi: A Young Industry with an Eventful History

This measure was a big step to show the destroyed. Not only were they destroyed, cane recovery, with one of the major industry that Mississippi was not ignorant but as the barges were lifted off of their issues being how to assist the casino to their concerns, and that our state want- moorings and floated inland, they industry in recovery. After much debate, ed to see the industry thrive and remain destroyed much of what was left in their lawmakers determined that an adjustment competitive. Unfortunately, before any path. For the casinos to come back with of a few hundred feet would allow the casino could take advantage of the new an improved product it would take more properties to rebuild in a more permanent measure, August 2005 brought a storm than just rebuilding. Measures had to be manner and still be consistent with the event that no casino on the gulf coast was taken to help ensure such a catastrophe original concept of dockside gaming. The prepared for and that required even more didn’t happen again. Not only were some phrase “shore-based gaming” was promot- action by lawmakers. of the largest employers on the gulf coast ed by the operators to point out that this After Hurricane Katrina, not one casi- out of operation, but the state was losing was not a move to expand gaming all over no was left operational on the gulf coast. valuable tax revenue every day. the state, but merely to allow permanent Like most everything within view of the Within weeks Governor Haley Barbour structures within sight of the water to coastal beaches, the casinos were called a special session to address hurri- avoid another devastating event. Lawmakers approved the measure to bring casinos onshore 800 feet from the mean high water line of state waters, and Governor Barbour signed the bill into law on October 17, 2005. The new law was carried out swiftly and with much thought, and allowed the coastal casinos to return in better form and without great expansion of gaming across the state that many feared at the time. In addition to Hurricane Katrina, the last decade saw many events that altered the state of gaming in this jurisdiction. Just as Mississippi saw its highest gaming revenues hit almost $2.9 billion in 2007, the recession hit and numbers started to decline. Additionally, gaming was grow- ing in nearby states and in the Midwest resulting in more competition. In 2011, the Mississippi River flooded and closed all but 2 of the 19 river casinos temporarily. As a result, revenues have been in a slow decline over the last 8 years, but the industry is still considered strong and weathered the recession quite well. The most significant impact has been seen in Tunica, which is still a resilient gaming market, but not nearly the one that was once ranked as one of the highest revenue markets in the United States.

Maintaining the Product and the Public’s Confidence As our gaming industry continues to grow, one of the most important aspects to maintain is public confidence in that industry. Mississippi has done well to see that the industry is properly regulated and held to the standards that lawmakers put in place. The Mississippi Gaming Commis- sion investigates all gaming operators, and the principals of the companies that own and are affiliated with them. These inves-

14 Spring 2015 The Mississippi Lawyer Legalized Gaming in Mississippi: A Young Industry with an Eventful History tigations review the background and char- encourage economic development and introduction of gaming to the area. Now, acter of gaming employees, the sources of tourism. Currently, a new casino is being the tax revenue from gaming has lifted financing for acquisitions and develop- developed that falls under these new stan- that label and provided much needed ment of casinos, and the overall business dards that will be D’Iberville’s first casi- employment and infrastructure to the area. capability of the operator. The Commis- no. Additionally, the state has 28 state- While not everyone will agree that gaming sion has the authority to limit, condition, regulated casinos: 9 in Harrison County, 2 is a good thing for the state, the fact suspend or revoke any gaming license. in Hancock County, 2 in Adams County, 4 remains that it is here as an established See Miss. Code Ann. 75-76-103. In some in Warren County, 2 in Washington industry and therefore must be scrutinized circumstances an individual’s gaming County, 1 in Coahoma County and 8 in and regulated strictly but fairly. license may be revoked automatically, Tunica County. While it is not state regu- Mississippi has done an excellent job of such as the conviction of a felony. The lated, the original Silver Star casino is now developing the gaming product here, all Commission also has the discretion to fine part of the larger Pearl River Resort which while keeping the industry virtually scan- a licensee for any violation of the Gaming also features the Golden Moon casino, the dal free. The lawmakers that helped pass Control Act or the Mississippi Gaming Dancing Rabbit Golf Club, the Geyser the initial legislation and adapted to Commission Regulations. Falls water park and other non-gaming changes, the existence of a good regulato- In 2014 the commission developed amenities. ry framework, and the attorneys that prac- new infrastructure requirements for casi- Hancock County was the first county tice in the gaming area can be thanked nos with the goal of increasing amenities to approve dockside gambling in for that. I beyond just the gaming product. For a December 1990. When gaming was casino development to receive approval it approved by local vote in Harrison County Jay McDaniel is the Deputy Director of the must have at a minimum a 300-room or and Biloxi, it took a second vote and only Mississippi Gaming Commission and larger hotel with at least a “three-dia- passed by a narrow majority. Today, Treasurer of the Gaming Section of the mond” rating, a restaurant capable of seat- Hancock and Harrison Counties host Mississippi Bar. Prior to joining the gaming at least 200 people, a fine dining facil- some of the best locations for tourism in ing commission, Jay practiced in the litiga- ity capable of seating 75 people, a 40,000 our state and it can be argued that much of tion department at Butler Snow LLP. Jay is square foot or larger casino floor, and the that is owed to gaming. Tunica County a graduate of Mississippi College School project must have or support an amenity had the unfortunate designation as the of Law, and earned his B.S. in Accounting that is unique to the market and shown to poorest county in the nation prior to the from Mississippi State University.

The Mississippi Lawyer Spring 2015 15 16 Spring 2015 The Mississippi Lawyer Illegal Gaming: A Mississippi Tradition

ach year many in the state join the nation in com- pleting their March Madness brackets. Even the EPresident of the United States participates. Despite the office bracket betting pool book operations exist, as do high stakes seeming like a national pastime and a poker games. Additionally, throughout presidential tradition, it is still illegal in Mississippi, slot machines continue to this state to bet on the outcome of a sport- pop-up in service stations, restaurants, ing event. However in Mississippi, sports and sometimes even dedicated retail betting is only a part of the state’s illegal spaces. Unlike our gaming brethren in gaming. Louisiana, these machines are illegal. A Pursuant to Mississippi Code trip to any of Mississippi’s licensed casi- Annotated § 97-33-1, Mississippi law nos would reveal a wide range of slot style allows for the construction of licensed games, but ultimately a slot machine is casinos within 800 feet of the Gulf of any machine or device which accepts a Mexico and on the Mississippi River, but wager directly or indirectly in exchange gaming is strictly forbidden outside those for the chance of winning a prize. Even gaming floors. What constitutes gaming the innocuous looking “quarter-pusher” is generally defined in the Mississippi device, a machine that literally accepts Gaming Control Act, Miss. Code Ann. § quarters until the “pusher” pushes the pile 75-76-1, et. seq., but also specifically list- of quarters off for the user to collect, falls ed are 21 other games like poker, black- into this category. Mississippi Gaming jack, craps, etc. The mere playing of these Com’n v. Henson, 800 So.2d 110 (Miss. games, with or without wagers, outside of 2001). About the only slot machine that a licensed casino is considered illegal. won’t see you charged with a crime is the Some states, such as Florida, do allow for vintage kind, and even those machines “penny” games wherein a friendly private need to be inoperable and over 25 years poker game could be conducted with old. nominal wagers and winnings. However, There are some games of chance that in Mississippi casino games are illegal legally exist outside of the licensed casi- with friends, as a fund raiser, or for chari- nos. Bingo licenses are issued by the ty; and despite a million proposals to Gaming Commission, but are restricted to circumvent the law (i.e. no wagers, no registered charities. Some non-profit winnings, etc.), there is simply no way to organizations may hold a raffle without get around the fact that the game itself is having to get any approval from the state illegal. if the raffle is conducted by and solely for It would sell the industrious criminals the benefit of that organization. The annu- of Mississippi short to think of the state’s al Dream Home raffle falls into this cate- By Louis Frascogna illegal gaming as limited to office pools and friendly poker games. Large sports Continued on next page

The Mississippi Lawyer Spring 2015 17 Illegal Gaming: A Mississippi Tradition

gory. A sweepstakes is legal if the chance used a finite number of entries akin to a to allow for it. Should New Jersey be of winning is free or if it is associated sweepstakes was invalidated in Moore v. successful in its legal arguments, with another product so long as the prod- Mississippi Gaming Com’n, 64 So.3d 537 Mississippi may only need to amend its uct sold isn’t more expensive because of (Miss. Ct. App. 2011), and an update to criminal statute and create an additional the associated sweepstakes entry. Also, the criminal statutes in 2013 sought to exception for sports betting. This distinc- scratch-and-win cards often sold at con- clarify the illegality of these machines. tion may prove important as discussed in venience stores are legal in Mississippi Miss. Code Ann. §97-33-8. Despite the Third Circuit’s opinion in Nat’l because they actually offer long distance efforts across the country to reel in these Collegiate Athletic Ass’n v. Governor of phone time and are therefore considered operations, the American Gaming New Jersey, 730 F.3d 208 (3d Cir. 2013). sweepstakes. It is legal for Mississippians Association estimates that they continue Until then, it might be best if you hold off to purchase and play out-of-state lotteries, to operate in at least 12 states with annu- on collecting your winnings from any but reselling those tickets in the state al revenue of almost $10 Billion.1 illegal gaming activities. I would be illegal. Legalized gaming began as a way to Louis Frascogna is a Special Assistant Finally, the newest horizon in illegal effectively regulate and cut down on the Attorney General and is Senior Counsel gaming operations in the state attempts to corruption associated with illegal gam- to the Mississippi Gaming Commission. operate somewhere between illegal slot ing. In the future, many of the forms of Louis is a graduate of The John Marshall machines and legal sweepstakes. The so- illegal gaming might again find their way Law School in Chicago, Illinois and called internet sweepstakes games run off to legal casino floors as the state and the earned his B.B.S. in International Busi- of standard desktop computers in alleged Industry continue to monitor develop- ness and his B.A. in Foreign Languages internet cafes. These machines allow ments in online gaming and New Jersey’s from Mississippi State University. patrons to buy internet time and receive attempts to challenge federal law with ______“sweepstakes” points that may be used for respect to sports betting. Mississippi law 1David O. Stewart. “Internet Sweepstakes Cafes: play in a simulated slot machine game. does not authorize gaming, but has creat- Unregulated Storefront Gambling in the Neighbor- hood.” American Gaming Association. 2012. The argument that the machines actually ed exceptions to the general prohibition

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The Mississippi Lawyer Spring 2015 19 Tips For Ef Making An Of

20 Spring 2015 The Mississippi Lawyer fective Mediation – fer They Can’t Refuse

By Donald C. Dornan, Jr.

The Mississippi Lawyer Spring 2015 21 Tips For Effective Mediation - Making An Offer They Can’t Refuse

INTRODUCTION ediation is no longer an unfamiliar process for lawyers in Mississippi. The implementation of the Court-Annexed Mediation Rules in 1998 and the Mvolume of litigation in Mississippi courts has made mediation a favored approach to resolution.

More and more lawyers have gained sig- lawyers are tasked with the role and nificant experience in mediation. Insurers responsibility of obtaining the best result and corporate entities have likewise come for their clients. However, in mediation, to realize that mediation can be a less time the lawyer’s role is unique in that he acts as consuming and relatively risk free way to an advocate and a negotiator. Recognizing achieve closure. This paper will address these dual roles and developing a lawyer’s practical aspects of the mediation process skills in each area are keys to successfully and suggestions for ways to best represent representing clients in mediation. clients in mediation. Lawyers who are successful in “making an offer they can’t refuse” have learned A. The Need for Mediation to embrace the mediation process. They There are overcrowded dockets in know to develop a clear strategy and many of Mississippi’s Circuit and objectives with the client and how to uti- Chancery Court Districts. In the more pop- lize negotiation techniques intrinsic to the ulous counties, the time interval from fil- process. ing to trial date can often be many months. The uncertainties of full dockets, motions DO’S AND DON’TS OF A SUCCESS- too long under advisement and trial reset- FUL MEDIATION tings frustrate litigants. These factors oper- A. Avoid Mediation When Your Client ate on both plaintiffs and defendants. is not Seriously Interested in Mediation offers parties an immediate Resolution forum and a process that focuses on the If the facts of the case are such that strengths and weaknesses of the case and you are certain to prevail, there is probably provides an opportunity to avoid the trans- no reason to mediate, absent court order. actional costs of litigation and the uncer- Likewise, mediation will not likely suc- tainties of trial. ceed unless both parties are committed to Attorneys and judges have come to the process. If your client is not committed realize that approximately 90% of civil to resolution, it will be difficult to achieve cases are settled at some point in the liti- a successful settlement. When this occurs, gation process. They have learned that the the lawyer should not encourage mediation mediation process creates a focus by the nor allow the opposing party to gain mis- parties not previously achieved through placed optimism that a mediated settle- routine discovery. This direct focus on ment is likely. Often, lawyers and their strengths and weaknesses promotes reso- clients agree to mediation knowing that lution. Even when a mediation is unsuc- there is little chance of success. When this cessful, valuable information about the occurs, lawyer and client both run the risk opposing party’s evidence, legal argu- of damaged credibility with the opposing ments and strategy is often gleaned. lawyer and the mediator when the mediation proves fruitless. B. Become Proficient Representing Clients in Mediation B. Don’t be Afraid of Your Own Client If mediation has become a recognized Before the mediation, all aspects of the and entrenched process for resolving liti- mediation process should be explained to gated disputes, lawyers representing plain- the client. The lawyer’s evaluation of the By Donald C. Dornan, Jr. tiffs and defendants are well advised to claims and defenses should be laid out for expand their knowledge and understand- the client in a reality-based fashion. The ing of the mediation process. In mediation, client should be encouraged to listen

22 Spring 2015 The Mississippi Lawyer Tips For Effective Mediation - Making An Offer They Can’t Refuse closely to the lawyer’s assessment and to made a realistic evaluation of the potential proceed with the company representative acknowledge the strengths and weakness- settlement and verdict ranges of their case, participating by telephone, most mediators es of his case. At the same time, the pre- along with the risks of proceeding to trial, believe that personal participation increas- mediation meeting will afford the client an and will have discussed them fully with es the likelihood of resolution. Advantages opportunity to express his feelings and their client. Additionally, successful attor- include the ability to make a personal ventilate, if necessary. The adroit lawyer neys devise a negotiation strategy similar assessment of the opposing party and the will provide an empathetic ear and rein- to a game plan which will help them reach demonstrative commitment to settlement force his confidence in the client while their objective. A cogent discussion of the inferred by the willingness to travel to the also administering a dose of reality about risks and ramifications of trial and other location of the mediation. A disadvantage the case. potential weaknesses will be critical to of remote participation is that it is often The client can be the best piece of evi- establishment of a realistic mutual goal. too easy for a representative to shut down dence in the attorney’s arsenal even though If the client’s confidence in his lawyer the negotiations if they are not required to the mediation is informal and non-bind- is adversely impacted when he learns for face the mediator or opposing party. ing. A credible and impressive client at the first time during mediation of some mediation is just that — a credible and risk, such as summary judgment or puni- E. Be Punctual, Courteous and Atten- impressive client. However, the opposite is tive damages, which was not explained tive also true. While it may not be tactful to earlier, the lawyer has failed. An experi- The mediation date is an important broach this directly with the client, a poor- enced mediator is likely to ask about these event in the life of any lawsuit. It should be ly performing client is a factor which issues. Therefore, the lawyer is well treated with the same level of importance should be taken into account in the evalu- advised to have the client prepared for and as a court hearing. Lawyers and their ation of the case. ready to discuss all potential pitfalls. clients should be on time for the media- It is the responsibility of the lawyer to The mediation game plan should be tion. Tardiness and last minute scheduling explain the mediation process to the client. made in advance yet be flexible enough to conflicts are poor excuses and do not The goal here is to enhance the client’s account for the opponent’s actions. enhance the credibility of the lawyer or the ability to understand what is happening as Preparing the client and obtaining suffi- case. Nothing gets a mediation off to a the mediation unfolds. The client should cient settlement authority are important poorer start than for the lawyer to be late be prepared to answer questions from the aspects of the overall strategy. Access to while his client sits patiently awaiting his mediator clearly, concisely and without the client and lines of communication to arrival. In addition to being unprofession- hesitation. The client should also be pre- other persons with authority should be al, tardiness rarely promotes resolution. pared to deal with an effective opposing established in advance. attorney who addresses his opening F. The Joint Session remarks to the client rather than to the D. Working With the Insurance Adjus- A typical mediation begins with a joint mediator. Here, the client’s body language ter or Company Representative meeting of all participants presided over and appearance are more important than Be sure that your client and/or person by the mediator. The mediator usually any words that may be spoken. who will make settlement decisions is delivers a brief preamble and overview of Don’t be afraid to advise the client of present at the mediation. Many times, the mediation process and secures a com- the other party’s position and the fact that insurance claim representatives and commitment to proceed from the parties. The the client may feel threatened, criticized or pany representatives are unwilling or not mediator will customarily invite each intimidated during the joint session. permitted to travel to the site of a media- party to make an opening statement or Explain to the client that the opposing tion. The defense lawyer should always position statement. This is the time when party will not agree with his position on encourage personal participation and counsel are allowed to set forth a summa- disputed issues and that the client may be attendance. Although the mediation can Continued on next page angered at the opposing lawyer’s position statements. Such statements should not be internalized nor allowed to create emotional barriers to compromise. Clients are LACOSTELACOSTE better served when they are prepared in advance for negative information. ARCHITECTARCHITECT Prior to the mediation, explore with CONSTRUCTION • PREMISES LIABILITY your client the process of negotiation. The idea that settlement requires negotiation and negotiation requires compromise JAY LACOSTE should be explained and encouraged. C. Develop a Strategy 2349 TWIN LAKES CIRCLE 601 981-2853 Attorneys who have consistently achieved good results in mediation have JACKSON, MS 39211 [email protected] followed at least two rules. First, they have

The Mississippi Lawyer Spring 2015 23 Tips For Effective Mediation - Making An Offer They Can’t Refuse ry of the case and their position on the dis- be acknowledged in order for the making settlement decisions on behalf of puted issues. Because all participants are client to make meaningful compro- the opposing party, a significant psycho- present, the position statements are deliv- mises. logical breakthrough can be achieved. ered to a captive audience which is obli- • It can encourage parties to ventilate The opening presentation directed to gated to listen quietly to the other side’s and begin the process of emotional the opposing party should include eye arguments. runoff which will hopefully translate contact. It is best presented in a conversa- Some lawyers are reluctant to submit into a willingness to compromise. tional tone without demonstrable hostility their clients to a joint session for fear that • Listening to the opponent’s position or threatening body language. An the opponent’s opening statement will statement introduces the client to the acknowledgment that the lawyer and his inflame the client and make compromise reality of a contested adversarial pro- client understand and respect the oppo- more difficult. This viewpoint is usually ceeding and provides a preview of nent’s position and an expressed desire to inaccurate. The joint session and opening the trial. settle can go a long way toward breaking statements are almost always useful or at the ice. G. The Opening Statement — Commu- least not counterproductive. In addition to speaking directly to the nicate with the Opposing Party In addition to disclosing each side’s opposing party, the opening position state- position, the joint session has the follow- Even experienced attorneys frequently ment may also include the use of exhibits, ing advantages: overlook the fact that the most important videos or charts. Power point presentations audience in mediation is the opposing • It identifies the issues that are in dis- can be effective adjuncts to the opening party or decision maker, not the mediator pute and those that are undisputed. statement. In mediation, there are no rules or opposing attorney. In the joint session, of evidence, so the lawyer is not con- • It allows clients to hear the other skilled counsel know to address their side’s position for themselves. strained by procedural rules, only the lim- opening remarks to the opposing party or its of his own creativity and the attention While they will not likely agree with its representative. This aspect of mediation span of the audience. what they hear, the opponent’s posi- is one of the few occasions in which an Rather than using adversarial phrases tion will be confirmed in the mind of attorney may ethically speak directly to the such as “We will prove” and “The jury will the client. This helps underscore the opposing attorney’s client. If the lawyer find in our favor,” consider moderating the uncertainty of litigation which must can connect with the person who will be

24 Spring 2015 The Mississippi Lawyer Tips For Effective Mediation - Making An Offer They Can’t Refuse tone with phrases such as “We believe the lost if weaknesses are not acknowledged, jury is likely to conclude . . .” If it is nec- at least in the private sessions with the GETTING PARTIES TO SAY “YES” essary to make stronger statements, mediator. When the client hears the attor- Because the mediator is neutral and explain your reluctance to use harsh lan- ney acknowledge a weakness, it often vic- has no interest in the ultimate outcome of guage before asserting your claim. ariously allows the client to acknowledge the case, he lacks the authority to force one Consider telling the other side that you do it as well. Often, attorneys are reluctant to party or the other to settle the case if it is not wish to be inflammatory but the medi- admit weaknesses while the client is pres- not believed to be in that party’s best inter- ator has requested candor in your opening ent. Instead they may stretch for arguments ests. Likewise, arm twisting, threats and statement. Then downplay the argument by to support less tenable positions or attempt intimidation by the mediator ring hollow tactfully reminding the other side of your to avoid the issue entirely. Experienced because the mediator is without any adju- position but stating that you will save it for mediators, however, will be able to smoke dicatory authority over the case. He cannot trial, (“We’re not here to talk about Mr. out such bluffing and evasive answers. admit or exclude evidence, compel discov- Smith’s past history because we don’t ery or grant summary judgment. Thus, it is think it will be helpful in resolving the It is fundamental to any the mediator’s effective use of the media- case. However, if we try the case, it is tion process which most often brings the something that the jury will have to hear negotiation that the parties to agreement on terms which are about.”) opposing party must have mutually acceptable. all the information Some of the methods and techniques H. “It’s a Matter of Principle” which have proven successful in changing Often parties make remarks such as, necessary to understand attitudes and reassessing expectations: “I’m not here to gouge the other side.” Or and evaluate your position. • Reversal of Roles — Sometimes the “This is not about the money; it’s a matter mediator will ask the lawyers to of principle.” Although statements of this exchange roles in the case and make nature may sound sincere, they are not K. Substantiate Your Position to the the other lawyer’s best argument. always helpful. H.L. Mencken once Opposing Party Follow up questions such as “If you remarked “When you hear someone say, Often lawyers assume prior to media- were representing the other side, how it’s not about the money, it’s about the tion that the facts of the case are clear or money!” The same principle applies in that the evidence is undisputed. This is a Continued on next page mediation. mistake that can be avoided. In advance of the mediation, be sure you have all of the I. Don’t Ignore Past Negotiations evidence necessary to establish your If settlement negotiations have previ- claims or defenses. Evaluate the strength James D. Harper, J.D., M.A. ously taken place, it is difficult to credibly of the evidence on each element for credi- increase the Plaintiff’s demand, reduce the bility, reliability and accuracy. Then, be Defendant’s offer or attempt to return to an sure the opposing party is provided with Conflict Resolution and Reconciliation earlier position. Informal discussions documentation supporting your position. It between counsel in which evaluation fig- is fundamental to any negotiation that the Mediator and Conflict ures are casually mentioned can often opposing party must have all the informa- Resolution Consultant erroneously influence a party’s view of the tion necessary to understand and evaluate other side’s position. Even if new informa- your position. Too often, attorneys wait tion has come to light which might justify until the mediation is imminent to provide a change in your position, such a strategy supporting materials to the opposing party. Mediating all types of disputes or cases, often inflames the opposing party and In personal injury cases, medical expens- including personal injury, commercial, rarely aids the mediator. If it becomes es, hospital records, economic reports and apparent that your pre-mediation negotiat- life care plans are of no value if they have healthcare, malpractice, family and ing position must be changed, it is wise to not been provided to the other party suffi- divorce, corporate, organizational, notify the opposing party in advance of the ciently in advance for review by those who mediation in order to avoid surprise or will make the ultimate decision on settle- administrative, and employment. overreaction. ment. Anticipate challenges to the accuracy J. Acknowledge the Weaknesses in of your evidence by the opposing party 662-234-0320 Your Case and bolster your case, if necessary, in • • • Mediation is a process which requires advance of mediation. This will help pre- a candid self-examination of the client’s vent the other side from arguing that facts [email protected] case. Mediators will frequently demand which are actually established or that counsel admit those weaknesses in the irrefutable are in dispute, a common medi- presence of the client. Credibility may be ation technique.

The Mississippi Lawyer Spring 2015 25 Tips For Effective Mediation - Making An Offer They Can’t Refuse

would your evaluation change?” and break the tension that often builds up obvious drawbacks to this approach “If you were representing the other in negotiations. The mediator may are that it depends on the willingness side, how would you evaluate your encourage conversation on some of the parties to divulge their true witnesses?” can bring about a relax- topic other than the case. After a day bottom line figures to the mediator ation of the party’s viewpoint. of mediation, talking about sports or and on the integrity of the mediator • Correct Misunderstood Facts and grandchildren can relax the partici- in maintaining the confidentiality of Law — If a party’s evaluation of the pants and sooth emotions. this information. case is clearly based on a misappre- • Confidential Disclosure of Bottom • Bracketing — Impasse can some- hension of a material fact or the Line — If both parties will agree, times be broken through the tech- applicable law, the mediator can this procedure can at least inform the nique of bracketing. In this approach, often break a logjam by diplomatical- mediator as to whether a gap between a party may send a message to the ly clearing up the misperception in a the respective negotiating positions other side through the mediator such balanced and inoffensive manner. can be closed. This approach normal- as, “We will move to $X if you will • Best Case Scenario/Worse Case ly should only be employed later in move to $Y.” There are risks in Scenario — Asking each side to the negotiation process. With the employing this technique. For exam- articulate their best scenario and their agreement of both parties, each side ple, if the opponent’s response is sim- worse case scenario often permits the confidentially discloses their bottom ply to decline the invitation, without litigants to see more clearly the wide line settlement figure to the mediator. more, the offering party has revealed range of potential outcomes by illus- If the figures coincide, there is a set- a willingness to move to $X and trating the best and worst that may tlement. If they overlap, the parties gained neither a counteroffer nor any happen if the mediation falls through. agree in advance that the case will be meaningful information about the This approach can also add perspec- settled at the mid-point between the opponent’s next move. Parties are tive to the other party’s last offer. overlapping figures. If the figures do often reluctant to agree to the condi- not coincide or overlap, they remain tions of a bracketed offer. Usually, • Take a Time Out — Sometimes hav- confidential and the parties remain at the best that can be hoped for is a ing the parties take a break from their prior negotiating positions. The response such as, “We won’t move to mediation in the same room can $X, but if you will move to $A, we will come to $B.” • Attrition — The mediation process can continue for long hours and sometimes this promotes resolution. The parties can be vulnerable to mental and emotional fatigue. Occasionally, a party’s strategy may simply be to wear down the other side’s resolve. Although the fatigue factor can sometimes result in agreement, the mediator must be careful to insure that any final agreement is entered into with the full knowledge and understanding of the parties.

CONCLUSION When an agreement is reached through mediation, the parties feel a sense of relief on one hand and a degree of satisfaction on the other. This is because they have active- ly participated in crafting the solution to their dispute. Even if a party has some mis- givings, this feeling usually evaporates over time, resulting in overall satisfaction with the process. Because there are no los- ers in mediation, no stigma is created because the parties crafted their own agreement with the assistance of the mediator. I

26 Spring 2015 The Mississippi Lawyer Senate Recognizes Senator Briggs Hopson as New Mississippi Bar

Sen. Briggs Hopson thanks his Senate colleagues for the Incoming President-Elect Resolution recognizing his election as President-Elect of The Mississippi Bar. Pictured L to R: Senators Derrick Simmons, Sally Doty, Sean Tindell, Lt. Governor Tate Reeves, Hopson, Dr. Briggs Hopson and Brice Wiggins.

Pictured L to R: Senators Joey Fillingane, Michael Watson, Angela President-Elect Designee Briggs Hopson III with his family. Turner, MS Bar Executive Director Larry Houchins, Briggs Pictured L to R: sister, Kathy Ricks; daughter, Jane Hopson; wife, Hopson, MS Bar President Elect Roy Campbell III, Brice Wiggins, Ali Hopson; Hopson; sister, Karen Hall and parents Pat and Dr. Sally Doty, Derrick Simmons, Gray Tollison and Will Longwitz. Briggs Hopson 2015MembershipDirectories ofTheMississippiBar have been mailed to all acƟve members of The Mississippi Bar

AddiƟonal copies are available for $20 each, plus shipping and handling.

Orderyoursonlinetodayat http://tinyurl.com/2015MBMD

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The Mississippi Lawyer Spring 2015 27 28 Spring 2015 The Mississippi Lawyer Talking to The Jury: Opening Statements and Closing Arguments

I. How To Win With Your Opening Statement “ ou never get a second chance to make a first impression.” This was the well known slogan for Head and Shoulders Shampoo. The same can be said for Opening Statement. You only have a short Yamount of time in front of the jury to outline your case. If you bore the jury in your Opening theme. Your theme can be as simple as Statement, you may lose them for the rest “profits over people” in a product liability of the trial. Lawyers young and old seem case or “the good, the bad, and the ugly” in to make the same mistakes, most of which a car wreck where your client may be par- are preventable. This article will outline tially at fault. A strong theme will be bol- some tips and techniques to help you and stered by witness testimony and will be your client win the case with your repeated in closing. The first minute or Opening Statement. two of your opening statement should Most trial lawyers agree that opening communicate your theme. statements often make the difference in Themes are the psychological anchors the outcome of a case. Studies have shown that jurors instinctively create to distill and that jury verdicts are, in the substantial summarize what the case is all about. majority of cases, consistent with the ini- That’s because information during a trial tial impressions made by the jury during becomes complicated and overwhelming, the opening statements. As in life general- and themes become the essential tool ly, the psychological phenomenon of pri- jurors use to reduce a large amount of macy applies, and the initial impressions information and summarize their attitudes become lasting impressions. Accordingly, about that information in easily remem- make sure your case gets off on the right bered words or phrases.2 Themes help footing. This can be achieved only when jurors summarize information and can be you forcefully deliver a logical opening adopted by favorable jurors during delib- statement that clearly establishes your erations. Since lawyers are not allowed to themes and demonstrates the facts.1 sit with jurors during deliberations, what is more powerful than having jurors arguing 1. Themes and the First Minute your case for you? To do this, favorable The beginning of your opening is a jurors need a theme that ties your case By Rocky Wilkins chance to set the stage for what is to come together. at trial. To do this, your case should have a Continued on next page

The Mississippi Lawyer Spring 2015 29 Talking to The Jury: Opening Statements and Closing Arguments

Good themes are based on universal 3. Efficiency control the narrative in a case. This should truths about people and events we learn Humans have limited attention spans. be done thoughtfully and match up with during our lives. In a car wreck case, these They also have limited capacities to retain your theme and anticipated evidence. universal truths are known as the “Rules information. A recent study shows that in of the Road.” The Rules of the Road con- the last 10 years attention spans have II. Delivering A Powerful Closing tain the law applicable to motorists on dropped from 12 minutes to 5 minutes Argument public roads such as speed limits, reckless because of Social Media.5 Think about that John Grisham’s first novel, A Time To driving, etc. They can be used as the basis for a second. You only have 5 minutes Kill, offered a brutal portrayal of Southern for your opening and to prove liability. before the jury starts tuning you out. justice in a small Mississippi town. A local Other good sources for themes are the Hence, your opening statement must be white defense attorney, Jake Brigance, great works of literature, religious classics efficient. A good way to work on efficien- defended Carl Lee Hailey, an African- such as the Bible, and popular sayings that cy is to practice your opening with a 3-5 American who was accused of murder for are part of our everyday speech.3 minute time limit. You will be amazed at avenging the rape of his nine year old how much irrelevant information you can daughter. In the movie version of 2. Storytelling get rid of by stripping your opening. Of Grisham’s book, Matthew McConaughey Effective opening statements are usu- course, you will want to add more detail played the part of Jake Brigance. ally based on good storytelling. After all, a when you give your opening in court, but McConaughey delivered a powerful clos- trial is essentially a contest to see which if you can give an effective opening in 5 ing argument on behalf of the accused. side’s version of a disputed event or events minutes you can do it in 20. the jury will ultimately accept as true.4 It is Now, I had a great summation all tempting for young lawyers to try and 4. Do Not Overstate the Evidence worked out...... full of some sharp show the jury why your facts are superior It is important that you do not over- lawyering...... but I’m not doing it. and the only facts they should believe. state your case. It is far more effective to I’m here to apologize. I am young, Remember, like most people, jurors do not under promise and over deliver the proof and I am inexperienced. But you respond to being bombarded with hun- than vice versa. A wise lawyer once said cannot...... hold Carl Lee Hailey dreds of pages of documents. Rather, it is the jury will never forgive a lawyer for responsible...... for my shortcom- important to distill your case down to its lying. Hence, nothing is more damaging ings. In all this legal maneuvering... key points and weave those facts into a than to overstate facts in your opening ...something got lost. That some- compelling story. statement. The jury will remember it, thing is the truth. It is incumbent resent your misrepresentation, and no upon us lawyers...... not to just talk longer trust you. In most trials, there is about the truth...... but to actually some point of evidence that calls for the seek it...... to find it, to live it. …. jurors to evaluate your credibility. If you What in us seeks truth? Our minds... have previously misled them, you will not ...or is it our hearts? I tried to prove get the benefit of the doubt and your client blacks could get a fair trial in the will suffer. South...... that we are all equal in the eyes of the law. That’s not the 5. Choose Your Labels truth. The eyes of the law are human Labels are simply the trial vocabulary eyes...... yours and mine, and until you select to refer to the parties, events, we can see each other as equals... and other important things during the trial. ...justice is never going to be even- Labels are important because they convey handed. It will only be a reflection attitudes and messages. There is a differ- of our own prejudices. So until that ence between calling your party “the day...... we have a duty under God plaintiff’ or “my client” and “Mr. Smith” to seek the truth...... not with our or “Bobby,” between calling a vehicle a minds...... where fear and hate turn “car” and a “big black Jaguar sports car” commonality into prejudice...... but and between calling a car crash an “acci- with our hearts.... I want to tell you dent” and a “collision.”6 The book Words a story. Please close your eyes... That Work: It’s Not What You Say, It’s What ...while I tell it. I want you to listen People Hear by Dr. Frank Luntz is a great to me. I want you to listen to your- book about language. The author has selves. Go ahead. Close your eyes, worked with many politicians and Fortune please. This is a story about a little 500 companies to develop tactical use of girl...... walking home from the gro- words and phrases. In fact, Dr. Luntz cre- cery store one sunny afternoon. I ated the moniker “death tax.” Many times, want you to picture this girl. lawyers forget that they have the ability to Suddenly a truck races up. Two men

30 Spring 2015 The Mississippi Lawyer Talking to The Jury: Opening Statements and Closing Arguments

grab her. They drag her into a near- drops...down to the creek bottom. dent case, you will probably inspect the by field...... and they tie her up... Can you see her? Her raped... scene and the vehicles. Also, although you ...then rip off her clothes. They climb ...beaten...... broken body... left to may not yet know the theory of liability, on. First one, then the other...... rap- die. Can you see her? I want you to you will probably take numerous photo- ing her...... shattering everything picture...... that little girl.... Now, graphs of each vehicle. Later on, in dis- innocent and pure...... with a vicious imagine she’s white. The defense covery depositions, the defense attorney thrust...... in a fog of drunken breath rests.7 can set up closing by thoroughly examin- and sweat. And when they’re done... ing the plaintiff about the severity of the they use her for target practice. So Mythical attorney Jake Brigance knew impact. they start throwing full beer cans at several of the keys for an effective closing Q. [BY DEFENSE ATTORNEY] her. They throw them so hard... argument. For attorneys in the real world, Could you describe the force of the ...that it tears the flesh all the way to the following is a brief outline to help your impact, Mr. Smith? her bones. Then they urinate on her. next closing argument be a success. A. [BY PLAINTIFF JOHN SMITH] Now comes the hanging. They have Oh, it was so hard my body got a rope. They tie a noose. Imagine 1. When To Start Preparing Closing thrown all around the car and my the noose coiling tight around her Argument dentures flew out of my mouth. neck...... and a sudden blinding jerk. Closing arguments are the final phase She’s pulled into the air and her feet of a trial. So, many people wait until the Q. Did the impact damage your vehi- go kicking.... They don’t find the end of the trial to start planning what they cle? ground... The hanging branch... are going to say to drive home the points A. Yes, sir, the whole back bumper ...isn’t strong enough. It snaps and of their case. This is a mistake. An effec- was pushed in. she falls...... back to earth. So they tive closing argument should actually Q. So, would you say that your vehi- pick her up...... throw her in the begin during discovery and pre-trial cle suffered severe damage in the back...... drive to Foggy Creek preparation. wreck? Bridge...... pitch her over. And she For example, in an automobile acci- Continued on next page

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The Mississippi Lawyer Spring 2015 31 Talking to The Jury: Opening Statements and Closing Arguments

A. Yes, sir. conducted regarding the psychology of at the evidence and come to the fairest Q. And you are sure that the impact jurors regarding jury instructions. The conclusion. was hard and that your vehicle was basic findings of the social science behind severely damaged? jury instructions have concluded the fol- 4. Broad Latitude Is Allowed In lowing: Closing Argument A. Yes, I am positive about that. a. Use common words, no legalese, Attorneys are afforded broad latitude in closing argument. The seminal case in Now, the plaintiff is locked down about whenever possible. Mississippi on the boundaries of closing the force of the impact and the damage to b. Use simple sentences; avoid sub- argument is Nelms & Blum Co. v. Fink, his vehicle. ordinate clauses. 131 So. 817, 820-21 (Miss. 1930). During pre-trial preparation, the c. Avoid double negatives. defense attorney can decide which photo- d. Avoid abstract instructions; tailor Counsel necessarily has, and must graphs of the vehicle to use to show the instructions to the case. have to serve his function and jury that the impact was not as severe as 9 e. Avoid unnecessary instructions office, a wide field of discretion. He the plaintiff now claims. At trial, the may comment upon any facts intro- defense attorney can walk the plaintiff Using these guidelines will help you draft duced in evidence. He may draw through the above testimony, making sure better jury instructions which in turn will whatever deductions seem to him to stress that the impact was very hard and allow you to connect the instructions with proper from these facts, so long as verify that that is why the plaintiff is hurt. your closing argument. he does not use violent and abusive The defense attorney should also admit language, and even in many cases into evidence the original color photo- 3. The Keys To An Effective Closing invectives may be justified and even graphs of the “severely damaged” vehicle. Argument called for.... Counsel is not required When the time comes for closing argu- Every attorney will develop their own to be logical in argument; he is not ment, defense counsel should use enlarged style in trial and in closing argument. required to draw sound conclusions, color blow ups of the photographs to show However, most effective closing argu- or to have a perfect argument meas- the minimal damage. This will effectively ments have several basic characteristics. ured by logical and rhetorical rules; convey the message that the plaintiff is The beginning of your closing argument his function is to draw conclusions exaggerating his injuries. should communicate three things: your and inference from evidence on theme, why the jury should find in your behalf of his client in whatever way 2. Jury Instructions favor, and your enthusiasm about your he deems proper, so long as he does Jury instructions can be intimidating at case. not become abusive and go outside first, both to the attorneys and to the Another often overlooked key to the confines of the record.... jurors. Attorneys should not be intimidat- effective closing argument is to resist the Counsel may draw upon literature, ed because there are numerous books with temptation of simply summarizing all the history, science, religion, and phi- pattern jury instructions to use as a model evidence. There will always be portions of losophy for material for his argu- for almost any type of case.8 However, it is the trial that you will want to highlight for ment. He may navigate all rivers of important to make sure that the jury the jury. However, jurors are more likely to modern literature or sail the seas of instructions in your model book are cor- find in your favor when they feel like they ancient learning; he may explore all rect, because practitioners have found that are not being told the answer or given a the shores of thought and experi- they are sometimes wrong! slanted version of the testimony. Rather, ence.... Also, a great deal of research has been jurors like to believe that they have looked However, the Court in Nelms & Blum Co. went on to say that the sky was not the Peacemaker Mediation & Arbitration, LLC limit during closing argument. peacemakerLLC.com He cannot, however, state facts which are not in evidence, and which the court does not judicially know, in aid of his evi- An attorney for forty years. Former Navy dence. Neither can he appeal to the preju- JAG, J.D. With Distinction, top 10% of dices of men by injecting prejudices not contained in some source of the evidence. class, law review published. Ready to fill Thus, attorneys should feel free to be col- all your mediation, arbitration and hearing orful and use analogies from areas other officer needs. No charge for travel time. than law. But, they should tie those refer- Weekend dates available. ences to the facts of the case at hand.

See: http://www.peacemakerLLC.com Preston “Bo” Rideout

32 Spring 2015 The Mississippi Lawyer Talking to The Jury: Opening Statements and Closing Arguments

5. The Golden Rule Argument Is Thus, an attorney should not use the “do So he calls the defense attorney. And Improper unto others as you would have them do the defense attorney tells him “I’ll It is tempting to ask the jury to put unto you” argument during closing. tell you just like I did in court. It’s themselves in the shoes of a victim and too bad you got hurt, but it’s your award the same compensation that they 6. Telling A Story In Closing fault.” Then the defense attorney would want if they were the injured plain- Argument hangs up on him. tiff. This is called the “Golden Rule” argu- Great closing arguments often weave Your verdict is final and has to stand ment. However, it is improper for counsel the theme of the case into a story. For the test of time.”11 to argue that the jury should place itself in example, an attorney who wanted to stress the position of one of the parties, or in a the fact that his client only gets one day in This is a great way to highlight the finali- criminal case, in the position of the vic- court and that the jury should award the ty of the jury’s decision. Obviously, this is 10 tim. maximum amount of damages told this a stripped down version, you should add The Mississippi Supreme Court artic- story. your own details to make it more dramatic ulated the rule in Copiah Dairies, Inc. v. and fit your style. I Addkison, 153 So.2d 689, 694 (Miss. The Phone Call. ______1963). Why is your decision so important? 1 Mauet, Trial Techniques, (4th Ed.), p. 43. Apparently this Court has not passed Why is it so significant? I want you 2 Mauet, Trial Techniques, (4th Ed.), p. 44. to imagine that 15 years from now, upon the Golden Rule argument. 3 Mauet, Trial Techniques, (4th Ed.), p. 43. Attorneys have always been allowed that I get a phone call from my 4 Mauet, Trial Techniques, (4th Ed.), p. 45. considerable latitude in arguing to client. He calls me and says “The 5 the jury so long as the argument does verdict is not enough. I’m having http://www.adweek.corrilsocialtimes/attention- spans-have-dropped-from-12-minutes-to-5-sec- not exceed proper bounds.... It is a medical problems and there’s no onds-how-social-media-is-ruining-our-minds- fundamental tenet of our system that money for it. I need some more infographic/87484?red=st a man may not judge his won case, money. Get that jury back together, 6 Mauet, Trial Techniques, (4th Ed.), p. 49. they didn’t consider this and tell for experience teaches that men are 7 See http://www.script-o-rama.com/movie_scripts usually not impartial and fair when them they didn’t give me enough. It /t/time-to-kill-script-transcript.html (Last checked self-interest is involved. Therefore, it isn’t fair. I want my leg.” And I’ll May 15, 2013). is improper to permit an attorney to have to tell him “We can’t get them 8 See Mississippi Model Jury Instructions. tell the jury to put themselves in the together. Their decision is final. 9 Mauet, Trial Techniques, (4th Ed.), p. 363. That’s it. It’s binding. What you have shoes of one of the parties or to 10 10Corlew, The Mississippi Jury: Law and Practice, apply the Golden Rule. Attorneys is what you got.” § 187, p. 260. should not tell the jury, in effect, that So he hangs up the phone and calls 11 This Closing Argument was presented by attorney the law authorizes it to depart from the judge in the case. The judge will Peter Law, Esq. at the Southern Trial Lawyers Fall neutrality and to make its determina- have to tell him “I’m sorry. I told Conference. (See http://www.sctriallaw.com/trial- tion from the point of view of bias or techniques-great-closing-argument-to-show-that- them to be fair and that their verdict client-only-gets-one-trial.html)(Last personal interest. We hold it was not is final. That their decision would error to sustain the objection [to the have to last your whole life.” argument].

The Mississippi Lawyer Spring 2015 33 MC*Law

FOURTH ANNUAL MARY LIBBY PAYNE LECTURE ON CHRISTIANITY AND THE LAW

Friday, September 25, 2015 12:00 Noon Mississippi College School of Law - Jackson, MS Student Center Auditorium

Distinguished Lecturer: Professor Bill Brewbaker William Alfred Rose Professor of Law University of Alabama School of Law

Topic: “The Christian Judge: Sir Matthew Hale and The Fear of the Lord”

About Professor Brewbaker: A former practitioner with the law firm of Bradley, Arant, Rose & White and with Wallace, Jordan, Ratliff, Byers and Brandt, Professor Brewbaker did graduate work in health care law at Duke University. He has served as interim dean and regularly teaches in Health Care Law, Property, and Christian Legal Thought and his current research interests include theological perspectives on law. He is co-editor (with Mark Hall) of two books in Aspen’s Health Care Corporate Law series.

History of the Mary Libby Payne Endowed Lectureship on Christianity and the Law Mary Libby Payne served not only as the first Dean of Mississippi College School of Law, but she was also elected as one of the first members of the Mississippi Court of Appeals and was a long time member of the faculty of the law school. She established the Christian Legal Society chapter at the law school. In late 2011, a hundred or so of Judge Payne’s friends, colleagues and former students helped to establish the Mary Libby Payne Endowed Lectureship on Christianity and the Law, dedicated to celebrating her lifelong commitment to modeling the integration of faith with legal ethics and professionalism. To date, over $90,000 has been raised toward the $100,000 goal to fully endow the Lectureship.

34 Spring 2015 The Mississippi Lawyer Final Disciplinary Actions

Disbarments, Suspensions and Irrevo- Rule 1.15(b), MRPC, requires attorneys to sissippi affirmed a Complaint Tribu- cable Resignations promptly deliver funds held in his or her nal’s decision to impose a 6 month sus- Lawyer Trust Account to the client or third pension for violations of Rules 1.15(a) Paul E. Winfield of Vicksburg, Missis- party for whom the funds are being held. and Rule 8.4 (a) and (d), MRPC, in Cause sippi: The Supreme Court of Mississippi Rule 8.4 (a), (c) and (d), MRPC, states that No. 2013-TS-1276. Disbarred Mr. Winfield in Cause No. it is professional misconduct to violate the 2013-BD-02079 based upon his guilty plea rules of professional conduct or to engage A client hired Mr. Ogletree to represent to the felony of “Bribery Concerning Pro- in conduct that is dishonest or prejudicial him in a child support modification. Mr. grams Receiving Federal Funds” in viola- to the administration of justice. Ogletree requested a $1000 retainer and tion of 18 U.S.C. Section 666 (a)(1)(B). received $400 from the client as partial Mr. Winfield is ineligible to apply for rein- Tadd Parsons of Wiggins, Mississippi: A payment. Mr. Ogletree did not deposit statement to the practice of law. Complaint Tribunal Disbarred Mr. these funds into his Lawyer Trust Account, Parsons for violations of Rules 1.2(a), but instead into his general operating Harvey Curtis Crowley of Madison, 1.2(d), 1.3, 1.4, 8.1(b), 8.4(a), 8.4(b), account. The client subsequently terminat- Mississippi: A Complaint Tribunal 8.4(c), and 8.4(d), MRPC, in Cause No. ed Mr. Ogletree’s representation, at which Disbarred Mr. Crowley for violations of 2014-B-1122. time Mr. Ogletree wrote the client a $400 Rules 1.15 (a) and (b) and 8.4 (a), (c) and check from one of his trust accounts in an d), MRPC, in Cause No. 2013-B-1688. The office of General Counsel filed a Bar effort to refund the client his money. The complaint against Mr. Parsons based on check was returned for insufficient funds. Mr. Crowley represented two clients in a information received from a lawyer who Mr. Ogletree then refunded the client $440 personal injury case that was referred to represented two of Mr. Parsons’ former in cash. him by another attorney for which he and clients. According to the information, Mr. the referring attorney had agreed to share Parsons sued a third party defendant fol- After the filing of a Bar Complaint, the attorney fees. The case settled with the lowing a workers comp case, but failed to Committee on Professional Responsibility defendants agreeing to pay the medical prosecute the claim after the clients’ work- directed a Formal Complaint be filed. liens for both clients prior to issuing a ers comp case settled. Any settlement the During discovery it was determined that check for the remaining portion of each clients would have received would have Mr. Ogletree’s trust accounts were over- settlement. In both instances, the checks first been used to offset the workers comp drawn and/or checks were returned for were made out to Mr. Crowley and his settlement. Mr. Parsons failed to advise the insufficient funds on fourteen (14) occa- client and in each case Mr. Crowley clients their case had been dismissed for sions and that Mr. Ogletree had paid busi- deposited the funds into his Lawyer Trust lack of prosecution. Approximately 30 ness or personal expenses out of his trust Account without the client’s endorsement. months following the dismissal, Mr. account on five (5) occasions. At trial the Mr. Crowley issued a check to the refer- Parsons represented to his clients that the Complaint Tribunal imposed a six month ring attorney in one case, but not the other. defendants had offered to settle the cases suspension, which was subsequently up- Mr. Crowley also did not distribute the for approximately $55,000 net to the held by the Supreme Court. funds due to each client in a timely man- clients. This representation was a fabrica- ner, holding the funds for an extended tion. When the clients pressed him about Rule 1.15(a), MRPC, requires attorneys to period of time and allowing the balance on the settlements, he had one of his agents safekeep client property from their own his Lawyer Trust Account to dip below the advise them that there was, in fact, no set- and to maintain complete trust account amounts he was holding on behalf of his tlement offer. The agent requested the records for a period of seven (7) years. clients. Bank statements from that time clients to allow Mr. Parsons to pay them Rule 8.4 (a and d), MRPC, states that it is period show that Mr. Crowley, who had $50,000 from Mr. Parsons own funds. professional misconduct to violate the sole authority to withdraw funds from his The agent further advised the clients not to rules of professional conduct or to engage Lawyer Trust Account, made sixty-seven tell the workers comp carrier about the pro- in conduct that is prejudicial to the admin- (67) transfers from his Lawyer Trust posed settlement with Mr. Parsons’ law istration of justice. Account to his firm’s operating account. firm to avoid having the funds offset the In all, Mr. Crowley converted $161,000 in workers comp settlement. In essence, Mr. Eugene T. Holmes of Cumming, Geor- funds that were intended for the benefit of Parsons requested his clients to engage in gia: The Supreme Court of Mississippi the two clients and the associating attor- insurance fraud. Mr. Parsons failed to accepted Mr. Holmes Irrevocable Resig- ney. While the funds were eventually paid respond to the Bar complaint. Further, he nation based upon his voluntary surrender to the clients, the remaining attorney’s fees failed to answer the Formal Complaint. of his license before the Supreme Court of due to the associating attorney remain The Complaint Tribunal entered a Default Georgia in Cause No. 2014-BD-1221. unpaid. Mr. Crowley also failed to keep Judgment against Mr. Parsons and dis- trust account records. barred him. Mr. Parsons had previously Jason T. Zebert of Pearl, Mississippi: A been disbarred by a Complaint Tribunal in Complaint Tribunal accepted Mr. Zebert’s Rule 1.15(a), MRPC, requires attorneys to July 2014 in an unrelated matter. Irrevocable Resignation in Cause No. safekeep client property from their own 2013-B-102. and to maintain complete trust account Robert Bryan Ogletree of Brandon, records for a period of seven (7) years. Mississippi: The Supreme Court of Mis- Continued on next page

The Mississippi Lawyer Spring 2015 35 Final Disciplinary Actions

Thomas E. Robertson of Cotulla, Texas: Johnson was personally served with the A client hired Mr. Ross to handle a domes- A Complaint Tribunal accepted Mr. Formal Complaint and a Summons on tic relations matter on her behalf. The Robertson’s Irrevocable Resignation in October 7, 2014. Mr. Johnson failed to client alleged she had been unable to con- Cause No. 2014-B-1360. file an answer, motion, or other pleading tact Mr. Ross for the four month period in response to the Formal Complaint. The preceding the filing of the Bar complaint. Public Reprimands Clerk of the Supreme Court of Missis- She further alleged that Mr. Ross had cer- sippi entered default against Mr. Johnson tain documents that he should have Ivon Johnson of Jackson, Mississippi: pursuant to Rule 55(a) of the Missis- returned. Mr. Ross responded to the Bar A Complaint Tribunal imposed a Public sippi Rules of Civil Procedure on Novem- complaint, generally denying the commu- Reprimand on Ivon Johnson for viola- ber 25, 2014. The Bar filed its Motion for nications issues raised by the client and tions of Rules 1.2, 1.3, 1.4, 1.16, 8.1(b), Default Judgment on the same day. Mr. stating that he had hand delivered docu- and 8.4(a and d), MRPC, in Cause No. Johnson did not respond to the Motion for ments to the client. The Bar requested 2014-B-1384. Default Judgment. The Complaint Tribu- Mr. Ross to supplement his answer to nal deemed the allegations of the Formal specify what documents he had delivered. A client filed a Bar Complaint against Mr. Complaint admitted by virtue of Mr. Mr. Ross either failed or refused to sup- Johnson alleging that she had given Mr. Johnson’s failure to answer or otherwise plement his response. The Committee on Johnson all of the information she had defend. Professional Responsibility directed the regarding two possible law suits with the Bar to conduct an investigatory hearing. understanding that he would return the Rule 1.2, MRPC, requires attorneys to Mr. Ross either failed or refused to appear original documents to her two weeks later. abide by a client’s decisions concerning at the duly noticed investigatory hearing. Mr. Johnson failed to return the docu- the objectives of the representation. Rule ments. The client also alleged Mr. Johnson 1.3, MRPC, requires an attorney to act John H. Anderson of Hattiesburg, Mis- failed to reasonably communicate the sta- with reasonable diligence and promptness sissippi: The Committee on Professional tus of her case and advised her that he had in representing a client. Rule 1.4, MRPC, Responsibility imposed a Public Repri- filed a complaint with the courts on her requires an attorney to keep a client rea- mand in Docket No. 13-377-2 for a viola- behalf when he had not actually done so. sonably informed about the status of the tion of Rule 1.8(a), MRPC. The Bar sent Mr. Johnson a copy of the matter; to promptly comply with reason- Bar complaint and a letter requesting he able requests for information; and, to During Mr. Anderson’s representation of a file a response to the allegations contained explain a matter to the extent reasonably client in a wrongful death claim, Mr. in in the Bar Complaint. Mr. Johnson necessary to permit the client to make Anderson solicited a $64,118.50 personal failed to file a timely response. The Bar informed decisions regarding the objec- loan from the client. Mr. Anderson then sent Mr. Johnson a demand letter tives of the representation. Rule 1.16, expressed that he needed the funds imme- dated June 4, 2013. When Mr. Johnson MRPC, requires an attorney, when with- diately and the client lent Mr. Anderson failed or refused to accede to this demand, drawing from a case, to return papers and the money as requested. Mr. Anderson did the Bar sent a third demand for a response property to which the client is entitled. execute a promissory note; however, Mr. dated July 18, 2013. When the Bar failed Rule 8.4 (a) and (d), MRPC, states that it Anderson failed to give the client a rea- to receive Mr. Johnson’s response follow- is professional misconduct to violate the sonable opportunity to seek the advice of ing the third demand letter, the Bar con- rules of professional conduct or to engage independent counsel and failed to have tacted Mr. Johnson by telephone. Follow- in conduct that is prejudicial to the admin- client consent to the terms and conditions ing the telephone conversation, the Bar istration of justice. on the loan in writing. Mr. Anderson failed sent Mr. Johnson a fourth demand letter to repay the loan according to the term in confirming that Mr. Johnson understood a Rule 8.1(b), MRPC, states that a lawyer in the promissory note but did eventually response was due. Notwithstanding, Mr. connection with a disciplinary matter shall repay the loan. Johnson failed to respond to the Bar com- not fail to respond to a lawful demand for plaint. Accordingly, Mr. Johnson know- information from a disciplinary authority. Rule 1.8(a), MRPC, provides that a lawyer ingly failed or refused to respond to a law- In this case, Mr. Johnson failed to respond shall not enter into a business transaction ful demand for information from a disci- to the Bar Complaint despite proper notice with a client or knowingly acquire an own- plinary authority. Pursuant to Rule 3(b), and four (4) demand letters. Likewise, Mr. ership, possessory, security or pecuniary the Bar is a designated disciplinary agent Johnson failed to appear at a properly interest adverse to a client unless: (1) the of the Supreme Court of Mississippi. The noticed Investigatory Hearing directed to transaction and terms on which the lawyer Committee on Professional Responsibility take place by the Committee on Profes- acquires the interests are fair and reason- then directed the Office of General Coun- sional Responsibility. able to the client and are fully disclosed sel to conduct an investigation of the mat- and transmitted in writing to the client in a ter. A notice of the investigatory hearing Matthew D. Ross of Jackson, Missis- manner which can be reasonably under- was sent to Mr. Johnson, but he failed or sippi: The Committee on Professional stood by the client; (2) the client is given a refused to appear. Responsibility issued a Public Repri- reasonable opportunity to seek the advice mand for violations of Rules 1.4, 8.1(b), of independent counsel in the transaction; The Bar filed a Formal Complaint against and 8.4(a) and (d), MRPC, in Docket No. and (3) the client consents in writing. Mr. Mr. Johnson on September 29, 2014. Mr. 13-367-2. Anderson failed to make it clear to the

36 Spring 2015 The Mississippi Lawyer Final Disciplinary Actions client that she should seek independent requests for information. Rule 1.16(a)(2), case. Prior to the withdrawal, the former legal advice about the transaction and MRPC, states that a lawyer shall withdraw client’s new lawyer advised Mr. Garner failed to obtain the client’s consent in writ- from representing a client if the lawyer’s that he had a conflict and asked him to ing to the terms and conditions of the loan. physical or mental condition materially voluntarily withdraw. The former client Mr. Anderson then failed to repay the loan impairs the lawyer’s ability to represent refused Mr. Garner’s request to waive the according to the term of the promissory the client. alleged conflict, even though Mr. Garner note. The loan was of such a type that the did not believe such a conflict existed. parties’ interests immediately became Gerald D. Garner of Raleigh, Missis- When Mr. Garner either failed or refused adverse to one another. Essentially, the sippi: The Committee on Professional to withdraw, the former client filed a attorney-client relationship became a Responsibility imposed a Public Repri- motion to disqualify. Prior to the hearing debtor-creditor relationship. Mr. Ander- mand against Mr. Garner in Docket No. on the motion to disqualify Mr. Garner as son’s actions violate Rule 1.8(a), MRPC. 13-291-2 for violations of Rules 1.9 and counsel for the former client’s parents, 8.4(a), MRPC. withdrew from the case citing reasons L. Abraham Rowe of Jackson, Missis- other than a conflict of interest for doing sippi: The Committee on Professional A former client filed a Bar complaint so. Responsibility imposed a Public Repri- against Mr. Garner alleging Mr. Garner mand in Docket No. 13-203-1 for viola- had a conflict of interest because Mr. Rule 1.9(a), MRPC provides that a lawyer tions of Rules 1.2(a), 1.3, 1.4(a) and Garner had previously represented him in who has formerly represented a client in a 1.16(a)(2), MRPC. a divorce from his now former spouse. matter shall not thereafter represent anoth- The divorce case also included custody er in the same or a substantially related A client filed a Bar Complaint against Mr. issues involving the former client’s son matter in which that person’s interests are Rowe alleging a lack of communication from that marriage. Prior to the divorce, materially adverse to the interests of the and that his landlord/tenant case had been the former client’s parents became legal former client unless the former client con- dismissed for want of prosecution. While guardians for the former client’s child. sents after consultation. the client often received a response from Mr. Rowe to his emails and text messages, Mr. Garner drafted the guardianship docu- In this case, Mr. Garner had previously the responses did not indicate the true sta- ments and represented the former client in represented the former client in his tus of the case. At one point Mr. Rowe the divorce. Later, the former client met divorce and had represented the former incorrectly informed the client of a trial with Mr. Garner in August 2013 and ten- client and his parents to establish the date that had not actually been set. Mr. dered a $300.00 check for a retainer to guardianship whereby the former client’s Rowe admitted that he had neglected the represent him in filing a petition to termi- parents became guardians of the former client’s case and that he had not been nate the former client’s former spouse’s client’s minor child. In order to determine truthful when informing the client of a parental rights. During the meeting, the whether Mr. Garner violated Rule 1.9(a), trial date that he knew did not exist. Mr. former client alleges that he gave Mr. MRPC, one must first determine if the Rowe asserted that a family matter had Garner confidential information about the petition to terminate the parental rights of impacted his ability to pursue the case as a case. Mr. Garner drafted a joint petition of the former client’s former spouse is the defense. After the dismissal for want of signed by the former client and his parents same or substantially related to either the prosecution, Mr. Rowe sought permission to terminate the parental rights of the for- divorce case or the establishment of the from the client to pursue reinstatement mer client’s former spouse, but declined to guardianship for the minor child. Second- of his landlord/tenant action. The client file it after it was determined that the for- ly, if the matter is the same or substantial- unequivocally stated that he did not want mer spouse opposed it. ly related, one must determine whether the Mr. Rowe working on his case any further interests of the former client’s parents in and directed Mr. Rowe to not pursue the As a result, the former client hired anoth- the petition to terminate parental rights are case. Despite a clear directive from his er attorney to file an action designed to materially adverse to the former client’s client to take no further action, Mr. Rowe terminate the rights of the child’s mother. interests. If the matter is the same or sub- subsequently filed a motion to reinstate The petition filed by the former client’s stantially similar and the interests of the the civil case. new attorney included the former client’s former client’s parents and the former parents as respondents. The petition did client are materially adverse, the only way Rule 1.2(a), MRPC, states that a lawyer not request any relief against the former Mr. Garner could have represented the for- shall abide by a client’s decisions concern- client’s parents. Mr. Garner represented mer client’s parents would have been to ing the objectives of the representation the former client’s parents in that case over obtain the former client’s consent to do so. and shall consult with the client as to the the objections of the former client, who means by which they will be pursued. alleged a conflict of interest. The former The petition to terminate the parental Rule 1.3, MRPC, requires a lawyer to act client’s parents, through Mr. Garner, rights of the child’s mother is substantially with reasonable diligence and promptness opposed the petition and also filed a coun- related to both the divorce and the estab- in representing a client. Rule 1.4(a), terclaim for child support and visitation lishment of the guardianship. The petition MPRC, requires a lawyer to keep a client against the former client, their son. to terminate parental rights alleges that the reasonably informed about the status of a mother has had no visitation or communi- matter and to promptly comply with Mr. Garner eventually withdrew from the Continued on next page

The Mississippi Lawyer Spring 2015 37 Final Disciplinary Actions cation with the child for a period of years attorney was the subject of a Bar Standing Committee on Ethics for and had effectively abandoned the child. Complaint alleging inter alia a lack of amounts that total $1,500.00 in the aggre- The petition also referenced that the for- communication and neglect and was direc- gate and by failing to get approval for mer client’s parents had been appointed ted to file a response. The attorney failed advances in excess of $1500.00 in the legal guardians of the child. The divorce to do so despite three demand letters. As a aggregate. decree provided for visitation by the moth- result, the Committee on Professional er. The matters are therefore substantially Responsibility directed that a Formal Rule 1.8(e) provides, in part, that a lawyer related. Complaint be filed for possible violations may advance reasonable and necessary of the Mississippi Rules of Professional medical expenses to a client associated The analysis of whether this is a violation Conduct. Through discovery it was deter- with treatment for the injury giving rise to of Rule 1.9(a) does not end there. In order mined that there was no merit to the Bar the litigation or administrative proceeding for a violation of Rule 1.9(a) to occur, the Complaint. The attorney admitted violat- for which the client seeks legal representa- interests of the parties must be materially ing Rule 8.1(b), MPRC. Rule 8.1(b), tion. Such advances may be advanced for adverse. Here, the interests of the parties MRPC, states that a lawyer in connection dire and necessitous circumstances and became materially adverse when the for- with a disciplinary matter shall not fail to may be advanced after 60 or more days mer client’s parents filed their counter- respond to a lawful demand for informa- from the date the client signs a contract of claim against the former client for child tion from a disciplinary authority. representation. For payments that are less support and that the former client be than $1,500.00 in the aggregate, the allowed visitation, but only under the for- An attorney received a Private Repri- lawyer must advise the Standing Com- mer client’s parents’ supervision. The fil- mand for two violations of Rule 8.1(b), mittee on Ethics of the advance. For pay- ing of the counterclaim put the former MRPC, in Cause No. 2013-B-1791. The ments that aggregate more than $1,500.00 client and the former client’s parents in a attorney was the subject of two Bar in total, the lawyer must have such pay- materially adverse position. Mr. Garner’s Complaints. The first Bar Complaint ments approved by the Standing Commit- response to the Bar complaint acknowl- alleged a lack of communication and neg- tee on Ethics. edges the fact that they are “at odds” with lect. The Bar conducted an investigatory each other. hearing that Mr. Perkins failed to attend. The Committee on Professional Responsi- The second Bar complaint alleged a lack bility imposed a Private Reprimand in Having found that the matter is substan- of communication and neglect as well as Docket No. 13-316-2 for a violation of tially related and that the interests of the theft of client funds. The attorney failed to Rule 8.4(c), MRPC. parties are materially adverse, the only respond to the second Bar complaint even method by which Mr. Garner could have after requesting additional time to res- The Bar received information from a proceeded with the representation of the pond. As a result, the Committee on District Attorney that an assistant district former client’s parents to obtain his former Professional Responsibility directed that a attorney in the office had used office let- client’s consent. When the former client Formal Complaint be filed for possible terhead to correspond with a personal refused to consent, Mr. Garner had a duty violations of the Mississippi Rules of creditor. The contents of the letter misrep- to immediately withdraw from the repre- Professional Conduct. Through discovery resented the nature of the debt. The attor- sentation. Mr. Garner failed or refused to it was determined that there was less than ney claimed in the letter to be waiting on withdraw after the former client’s lawyer clear and convincing evidence of substan- approval from the state for payment of the requested him to do so informally and tive rule violations, except for Rule 8.1(b), debt and that the delay in payment was due failed to withdraw for more than two MPRC. Rule 8.1(b), MRPC, states that a to bureaucratic red tape. The attorney months following the former client’s lawyer in connection with a disciplinary knew this statement was false, the debt motion to disqualify him as counsel for the matter shall not fail to respond to a lawful was personal and delinquency was due to former client’s parents. Mr. Garner’s mo- demand for information from a discipli- the attorney’s personal financial situation. tion to withdraw failed to acknowledge the nary authority. conflict of interest under Rule 1.9(a), but Rule 8.4(c), MRPC, provides it is profes- did cite that he might have been a materi- An attorney received a Private Repri- sional misconduct for a lawyer to engage al witness in the case. mand for a violation of Rule 1.8(e), in conduct involving dishonesty, fraud, MRPC, in Docket No. 13-344-2. One of deceit or misrepresentation. The attorney’s Rule 8.4(a), MRPC, states it is profession- the attorney’s clients alleged the attorney misrepresentation as to the nature of the al misconduct to violate or attempt to vio- had stolen funds from a settlement and debt and the reasons for its delinquency is late the Rules of Professional Conduct. that the attorney had advanced funds to a violation of Rule 8.4(c), MRPC. I Having violated Rule 1.9(a), Mr. Garner her for medical expenses associated with likewise violated Rule 8.4(a), MRPC. the treatment for the injury giving rise to the litigation. The attorney responded to Private Reprimands the Bar complaint and demonstrated the client had received all of settlement funds An attorney received a Private Repri- due. The attorney also admitted that he mand for a violation of Rule 8.1(b), had improperly advanced funds to the MRPC, in Cause No. 2013-B-1686. The client by failing to report advances to the

38 Spring 2015 The Mississippi Lawyer 39 27TH ANNUAL SUMMER SCHOOL FOR LAWYERS Agenda at a Glance LINKSIDE CONFERENCE CENTER

JOINTLY SPONSORED BY THE MISSISSIPPI BAR AND THE MISSISSIPPI ASSOCIATION FOR JUSTICE

MONDAY, JULY 6 TUESDAY, JULY 7 – CONTINUED

8:00 – 9:00 AM The Vanishing Art Of The Jury Trial 9:05 – 10:05 AM 2nd Session of Concurrent Workshops John Corlew, JACKSON Repeat of 1st Session Workshops Robert Johnson, NATCHEZ 10:10 – 11:10 AM 3rd Session of Concurrent Workshops Justice Jim Kitchens, CRYSTAL SPRINGS WORKSHOP 3A 9:05 – 10:05 AM Practice Pitfalls & Legal Malpractice: Family Law: Recent Case Law & Legislative Update How Not To Ride The E&O Railroad Dianne Ellis (MODERATOR) Matt Tyrone, JACKSON Judge Cynthia Brewer, CANTON Mike Ulmer, JACKSON Judge Catherine Farris-Carter, SHAW 10:10 – 11:10 AM Lawyer Civility In Depositions & Other Trial Practice Judge Neil Harris, PASCAGOULA Roy Campbell, JACKSON WORKSHOP 3B Judge David Strong, MCCOMB Mediations & Settlement Conferences – Judge Jane Virden, GREENVILLE Strategy & Tactics 11:15 AM – 12:15 PM QPR–Save A Life & Suicide Prevention Training Doug Minor, JACKSON For The Average Joe (ETHICS HOUR) WORKSHOP 3C Chip Glaze, JACKSON Everybody Hurts: Workplace Injuries Amanda Hill, JACKSON TUESDAY, JULY 7 – CHOOSE YOUR SESSIONS Virginia LoCoco, D’IBERVILLE Andy Sweat, JACKSON 8:00 – 9:00 AM 1st Session of Concurrent Workshops WORKSHOP 4C WORKSHOP 1A Practice & Overview: I-9, N-400, BINGO! Mortgage, Foreclosure & Debt Collection Litigation Immigration & How It May Affect Your Practice Sheryl Bey, JACKSON John Foxworth, GULFPORT Robert Williamson, BRANDON Simpson Goodman, AUGUSTA, GA 11:15 – 12:15 PM 4th Session of Concurrent Workshops Jeff Varas, HAZLEHURST Repeat of 3rd Sessions Workshops WORKSHOP 1B Take This Job & Litigate It. Recent Developments In Employment Law WEDNESDAY JULY 8 Will Manuel, JACKSON 8:00 – 9:00 AM Ethical Duties To Safeguard Client Information LaToya Merritt, JACKSON Glenda Snodgrass, MOBILE, AL Nick Norris, JACKSON 9:05 – 10:05 AM Developments In Mississippi Law WORKSHOP 1C Judge Kenny Grifﬁ s, JACKSON A Judge, A DA & A Defense Lawyer Walk Into A Courtroom Justice Leslie King, GREENVILLE … A Criminal Law Update From Three Vantage Points Judge Larry Roberts, MERIDIAN Judge Lisa Dodson, GULFPORT 10:10 – 11:10 AM Federal Court Motion & Trial Practice Michael Guest, BRANDON Judge Sharion Aycock, ABERDEEN Faye Peterson, JACKSON Judge Dan Jordan, JACKSON WORKSHOP 1D Judge Carlton Reeves, JACKSON Courtroom IT/Trial Technology: “Oh, Now I Understand…” 11:15 AM – 12:15 PM Ethics: “Better Not Call Saul” Litigation Insight Adam Kilgore, JACKSON Missye Martin, JACKSON

2015 Summer School for Lawyers Committee: • David Maron, JACKSON, CHAIR • Rick Barry, MERIDIAN • Brandi Gatewood, OCEAN SPRINGS • • Dan Kitchens, CRYSTAL SPRINGS • Will Manuel, JACKSON •

40 THE MISSISSIPPI BAR ANNUAL CONVENTION 2015 Annual Meeting Agenda at a Glance

Timem s off eventts priinted in thhis brochuh ree arer tenntat tiivee F RIDAY, JULY 10, 2010 5 and may change before the Annual Meeting. 7:15 – 8:15 AM Legal Runaround 1 Mile Fun Run and 5K Run SPONSORED IN PART BY THE MISSISSIPPI BAR FOUNDATION WEDNESDAY, JULY 8, 2015 7:30 AM – 1:00 PM Registration Desk Open 12:00 – 7:00 PM Lawyers’ Marketplace 7:45 AM Friends of Bill W. Open Meeting 12:00 – 8:00 PM Registration Desk Open 8:00 – 9:00 AM Young Lawyers Division General Assembly 6:30 – 8:00 PM Welcome Reception 8:00 – 9:00 AM Breakfasts: Visit with friends and enjoy delicious food and an open bar. • Breakfast with the Federal Judges SPONSORED IN PART BY BANK PLUS • MS Chapter American Board of Trial Advocates Meeting PHOTO BOOTH SPONSORED BY BDK, LLP 8:30 – 9:30 AM Breakfast: THURSDAY, JULY 9, 2015 • Fifty-Y ear A nni versary Lawyers 8:00 – 11:00 AM Lawyers’ Marketplace 7:30 AM – 1:00 PM Registration Desk Open 8:30 – 9:15 AM Kite Decorating 7:45 AM Friends of Bill W. Open Meeting 9:15 – 10:15 AM Annual Business Session 8:00 AM – 12:30 PM Lawyers’ Marketplace 10:15 – 11:15 AM CLE Session 8:00 – 9:00 AM Breakfasts: 10:15 AM – 12:15 PM CLE Sessions: • Christian Legal Society Prayer Breakfast • Workers’ Compensation • Fellows of the Young Lawyers • Labor & Employment Law 8:30 – 9:30 AM General Assembly • Estates & Trusts PRESENTED BY THE FEDERAL JUDICIARY • Taxation • Family Law 9:00 – 10:00 AM Appellate, Circuit, Chancery and County Judges • SONREEL Section Conferences • Litigation 9:30 AM – 12:00 PM U.S. District Court Judges Meeting • Intellectual Property 9:30 – 10:30 AM Sandcastle /Sand Sculpture Contest • Appellate Practice SPONSORED IN PART BY SERVICE PRINTERS • Real Property 10:00 – 11:00 AM CLE Session 12:15 – 1:30 PM Law Alumni Luncheons: • Mississippi College School of Law 10:00 AM – 12:00 PM CLE Sessions: • University of Mississippi Law School • Business Law • Health Law 2:00 – 5:00 PM Tennis Tournament • Government Law 3:00 – 5:00 PM Children’s “Build-A-Bear” Party • Prosecutors • Gaming Law 6:00 – 7:30 PM President’s Reception • Alternative Dispute Resolution Enjoy hors d’oeuvres and an open bar. SPONSORED IN PART BY 10:15 – 11:30 AM MS Conference of Judges FOX/EVERETT, A HUB INTERNATIONAL COMPANY 12:00 – 1:30 PM 17th Annual Price-Prather Luncheon 8:00 – 10:00 PM Family Beach Bash 1:00 – 6:00 PM Golf Tournament HOSTED AND SPONSORED IN PART BY THE YOUNG LAWYERS PRIZES SPONSORED BY LEXIS-NEXIS DIVISION OF THE MISSISSIPPI BAR – CASH BAR REFRESHMENTS SPONSORED BY U.S. LEGAL FORMS S ATURDAY, JULY 11, 2015 2:30 – 4:30 PM Bingo 4:30 – 6:00 PM Young Lawyers Division Board Meeting 7:30 – 10:00 AM Registration Desk Open 7:45 AM Friends of Bill W. Open Meeting COFFEE BARS SPONSORED BY TRUSTMARK. DOOR PRIZES SPONSORED BY REGIONS 9:00 – 11:00 AM Farewell Brunch & Annual Award Presentations PRIVATE WEALTH MANAGEMENT. T-SHIRTS SPONSORED BY MVLP. CLARION LEDGER PROVIDED COURTESY OF THE UNIVERSITY OF MISSISSIPPI LAW SCHOOL. 11:00 AM Check-Out Time

MORE INFORMATION AT WWW.MSBAR.ORG 41 Accommodations ALL ACCOMMODATIONS ARE TO BE BOOKED DIRECTLY WITH THE SANDESTIN BEACH HILTON OR THE SANDESTIN BEACH RESORT.

If reserving a room at the Sandestin Hilton: Call the Sandestin Beach Hilton at 1-800-367-1271 Monday – Friday, 8:00 AM – 7:00 PM Mississippi Bar Meeting Code: Bar DAILY FROM $283.00

The Sandestin Beach Hilton will serve as headquarters property for the 2015 Annual Meeting. The Bar has reserved a block of rooms at the hotel. Located directly on the beach inside To ensure your accommodations at Sandestin Beach Resort, all Hilton the Sandestin Hilton at the Bar’s group rate, rooms are tastefully appointed mini- reservations should be suites, which include wet bars, small made no later than Friday, June 12 , refrigerators and dining areas. Some 2015. suites in our block have separate bunk bed areas for children. The Sandestin Hilton oﬀ ers your choice of luxurious accommodations on Florida’s famed Emerald Coast ... each oﬀ ering you a spectacular view from a private balcony.

42 THE MISSISSIPPI BAR ANNUAL CONVENTION 2015 Accommodations AT THE SANDESTIN GOLF & BEACH RESORT BEACHFRONT SOUTHSIDE BAYSIDE

NORTH SHORE WESTWINDS BEACHSIDE I/II TIVOLI/PINE RIDGE DAILY WEEKLY DAILY WEEKLY DAILY WEEKLY DAILY WEEKLY 3 bedroom $309 $1947 1 bedroom $343 $2161 Studio Suite $287 $1809 2 bedroom $299 $1884 2 bedroom $479 $3018 1 bedroom $329 $2073 3 bedroom $389 $2451 3 bedroom $599 $3774 2 bedroom $459 $2892 3 bedroom loft $425 $2678 3 bedroom $579 $3648

BEACHWALK THE GRAND SANDESTIN

DAILY WEEKLY Studio $194 $1222 1 bedroom $214 $1348 • BAYOU • MAGNOLIA • 2 bedroom $319 $2010 SANDPIPER DAILY WEEKLY 3 bedroom $419 $2640 2 bedroom $228 $1436 3 bedroom $309 $1947

BEACHWALK DAILY WEEKLY 2 bedroom $285 $1796 2 bedroom loft $306 $1928 3 bedroom $369 $2325

VILLAGE FAIRWAYS COTTAGES

DAILY WEEKLY 2 bedroom $228 $1436

BAYSIDE AT SANDESTIN HOUSING REQUESTS FOR THE RESORT MUST BE RECEIVED BY FRIDAY, JUNE 12, 2015.

VILLAGE DAILY WEEKLY Studio $194 $1222 1 bedroom $214 $1348

LUAU

BAYSIDE AT SANDESTIN DAILY WEEKLY Guest Room $159 $ 1002 1 Bedroom Suite $199 $ 1273

LUAU DAILY WEEKLY If reserving a room at the Sandestin Golf & Beach Resort, contact: Studio $198 $1248 • Sandestin Golf & Beach Resort Group Code: 22Y66L 1 bedroom $228 $1436 9300 Emerald Coast Parkway | Destin, FL 32550 | PHONE: 800.320.8115 | FAX: 850.267.8221 2 bedroom $333 $2098 3 bedroom $399 $2514 OR BOOK ONLINE: http://www.sandestin.com/22Y66L.aspx

MORE INFORMATION AT WWW.MSBAR.ORG 43 Registration Receptions and Family Activities 27TH SUMMER SCHOOL FOR WYERS “Peter Pan’s Neverland” Welcome Reception 12 CLE HOURS (ETHICS INCLUDED) WEDNESDAY, JULY 8 • 6:30 PM – 8:00 PM JULY 6 – 8, 2015 • LINKSIDE CONFERENCE CENTER KIDS’ PARTY SPONSORED IN PART BY BANK PLUS The registration fee is $420 for attorneys and $185 for Judges whose PHOTO BOOTH SPONSORED BY BDK, LLP registration is received no later than June 12, 2015. After June 12, the registration fee is $445 for attorneys and $210 for Judges. The President’s “60’s Rock & Roll” Reception FRIDAY, JULY 10 • 6:30 PM – 8:00 PM registration fee will cover attendance at all sessions, handout materials, SPONSORED IN PART BY FOX/EVERETT, A HUB INTERNATIONAL COMPANY and coffee breaks. 110TH ANNUAL MEETING 14th Annual Sandcastle /Sand Sculpture Contest THURSDAY, JULY 9 • 9:30 AM – 10:30 AM • NO CHARGE JULY 8 – 11, 2015 • SANDESTIN HILTON SPONSORED IN PART BY SERVICE PRINTERS The registration fee is $440 per attorney (includes spouse/guest) and $335 for Judges (includes spouse/guest) whose registration is received Bingo no later than June 12, 2015. After June 12, the registration fee is $490 for THURSDAY, JULY 9 • 2:30 PM – 4:30 PM • NO CHARGE attorneys and $360 for Judges. Kite Decorating Cancellations & Refunds FRIDAY, JULY 10 • 8:30 AM – 9:15 AM • NO CHARGE The Mississippi Bar will accept only written requests for refund of Children’s “Build-A-Bear” Party registration fees by either mail or fax to Nikki McIntyre, The Mississippi FRIDAY, JULY 10 • 3:00 PM – 5:00 PM • NO CHARGE Bar, P.O. Box 2168, Jackson, MS 39225-2168, Fax # 601-355-8635 or by e-mail to [email protected]. The date of cancellation is the date Family Beach Bash FRIDAY, JULY 10 8:00 PM – 10:00 PM CASH BAR received by the Bar ofﬁ ce in Jackson. • • HOSTED AND SPONSORED IN PART BY THE YOUNG LAWYERS DIVISION The following refund schedule has been established: CANCELLATIONS RECEIVED ON OR BEFORE JUNE 26: Full refund, less $50 administrative charge. Breakfasts CANCELLATIONS RECEIVED JUNE 29 – JULY 11: Prayer Breakfast 50% refund. THURSDAY, JULY 9 • 8:00 AM – 9:00 AM • $25/TICKET Due to hotel advance guarantee requirements, there will be no refund for SPONSORED BY THE CHRISTIAN LEGAL SOCIETY optional ticketed events the week of July 6 - 11. CANCELLATIONS RECEIVED AFTER MEETING DATES: Fellows of the Young Lawyers Breakfast Meeting No refund. THURSDAY, JULY 9 • 8:00 AM – 9:00 AM Breakfast with the Federal Judges Mark Millet Commemorative Print $25.00 EACH FRIDAY, JULY 10 • 8:00 AM – 9:00 AM • NO CHARGE Lawyers only. Come and visit with your MS Federal Judges over a compli- Get your very own Commemorative mentary breakfast. Come and go. Please make your reservation in advance. Pelican Print painted by featured SPONSORED BY THE BENCH & BAR OF THE NORTHERN AND SOUTHERN DISTRICTS Mississippi artist, Mark Millet. Decorate in style with your very Mississippi Chapter American Board of Trial Advocates own 8 x 10 print. Mark Millet has Breakfast Meeting been chronicling vanishing southern FRIDAY, JULY 10 • 8:00 AM – 9:00 AM scenes for over twenty years. His oil paintings and watercolor paintings 50-Year Anniversary Members Breakfast are sought after by art collectors FRIDAY, JULY 10 • 8:30 AM – 9:30 AM worldwide. This angelic sea bird will sure to be a hit so grab yours before Luncheons they’re all gone! Order yours today! 17th Annual Price-Prather Luncheon THURSDAY, JULY 9 • 12:00 NOON – 1:30 PM • $40/TICKET Meetings HOSTED BY THE BAR’S WOMEN IN THE PROFESSION COMMITTEE MONDAY – WEDNESDAY Summer School Sessions THURSDAY Mississippi College Law Alumni Luncheon 8:30 – 9:30 AM General Assembly Presented by the Federal Judiciary FRIDAY, JULY 10 • 12:15 PM – 1:30 PM • $30/TICKET 9:00 AM – 12:00 PM Appellate, Circuit, Chancery, University of Mississippi Law Alumni Luncheon and County Judges Conferences FRIDAY, JULY 10 • 12:15 PM – 1:30 PM • $30/TICKET 9:30 AM – 12:00 PM U. S. District Court Judges Meetings 10:00 – 11:00 AM CLE Session “Garden Party” Farewell Brunch SATURDAY, JULY 11 • 9:00 AM – 11:00 AM • $45/TICKET 10:00 AM – 12:00 PM Section CLE Sessions 4:30 – 6:00 PM Young Lawyers Division Board Meeting Sporting Events FRIDAY 8:00 – 9:0 0 AM Young Lawyers Division General Assembly Golf Tournament THURSDAY, JULY 9 • 1:00 PM – 6:00 PM • $125/REGISTRATION FEE 9:15 – 10:15 AM Annual Business Session PRIZES PROVIDED BY LEXIS-NEXIS. REFRESHMENTS SPONSORED BY US LEGAL FORMS 10:15 – 11:15 AM CLE Session 10:15 AM – 12:15 PM Section CLE Sessions Legal Run-Around /5K and Fun Run MAXIMUM ATTAINABLE CLE CREDITS FRIDAY, JULY 10 • 7:15 AM – 8:15 AM • $10/PERSON Monday 4 credit hours Runners and walkers of all ages are invited to participate. All Tuesday 4 credit hours participants will receive a tank top. Wednesday 4 credit hours SPONSORED IN PART BY THE MISSISSIPPI BAR FOUNDATION Thursday 2 credit hours Friday 2 credit hours The “Bob Barnett” Tennis Tournament Monday – Friday 16 credit hours FRIDAY, JULY 10 • 2:00 PM – 5:00 PM • $35/PERSON 44 THE MISSISSIPPI BAR ANNUAL CONVENTION 2015 THE MISSISSIPPI BAR 2015 Annual Meeting and SUMMER SCHOOL

Step 1 – REGISTRANT INFORMATION Step 4 – MEETING REGISTRATION 5A ❏ SUMMER SCHOOL REGISTRATION / JULY 6–8 REGISTRANT NAME: ______BEFORE JUNE 12 ❏ ATTORNEY’S FEE ❏ $420 BAR # (IF KNOWN) ______❏ JUDGE’S FEE ❏ $185 AFTER JUNE 12 ❏ ATTORNEY’S FEE ❏ $445 FIRM NAME/COMPANY: ______❏ JUDGE’S FEE ❏ $210

ADDRESS: ______SUMMER SCHOOL REGISTRATION SUBTOTAL $

CITY: ______STATE: ______ZIP: ______5B ❏ ANNUAL MEETING REGISTRATION / JULY 8–11 BEFORE JUNE 12 ❏ ATTORNEY’S FEE ❏ $440 OFFICE PHONE: ______CELL: ______❏ JUDGE’S FEE ❏ $335 AFTER JUNE 12 ❏ ATTORNEY’S FEE ❏ $490 E-MAIL: ______❏ JUDGE’S FEE ❏ $360 ❏ THIS IS MY FIRST MB ANNUAL MEETING ANNUAL MEETING REGISTRATION SUBTOTAL $

– OPTIONAL EVENTS & TICKETS Step 2 – BADGE INFORMATION Step 5 check (Annual Meeting Registrants Only)

BADGE NAME: ______Commemorative Print ____ @ $25 EACH $ ______Welcome Reception Additional Tickets ____ @ $40 EACH $ ______CITY: ______STATE: ______(WEDNESDAY, JULY 8, 6:30 - 8:00 PM) Registration fee includes admission for registrant plus one adult guest. Additional tickets for guests over age 18 are $40 each. Step – SPOUSE/GUEST BADGE INFORMATION ___ Prayer Breakfast ____ @ $25 EACH $ ______3 (THURSDAY, JULY 9, 8:00 - 9:00 AM) ___ Price-Prather Luncheon ____ @ $40 EACH $ ______SPOUSE/GUEST NAME: ______(THURSDAY, JULY 9, 12 NOON - 1:30 PM) ___ Golf Tournament ____ @ $125 EACH $ ______CITY: ______STATE: ______(THURSDAY, JULY 9, 1:00 - 6:00 PM) MY GOLF HANDICAP IS: ______❏ MY SPOUSE IS ALSO AN ATTORNEY PREFERRED FOURSOME: ______CHILD/GUEST NAME: ______CITY: ______STATE: ______AGE ______Legal Run-Around ____ @ $10 EACH $ ______(FRIDAY, JULY 10, 7:15 - 8:15 AM) CHILD/GUEST NAME: ______Breakfast with the Federal Judges ____ NO CHARGE ______(FRIDAY, JULY 10, 8:00 - 9:00 AM) CITY: ______STATE: ______AGE ______(for lawyers only – advance reservation requested) ___ MS College Law Alumni Luncheon ____ @ $30 EACH $ ______CHILD/GUEST NAME: ______(FRIDAY, JULY 10, 12:15 - 1:30 PM) ___ Univ. of MS Law Alumni Luncheon ____ @ $30 EACH $ ______CITY: ______STATE: ______AGE ______(FRIDAY, JULY 10, 12:15 - 1:30 PM) ___ Tennis Tournament ____ @ $35 EACH $ ______CHILD/GUEST NAME: ______(FRIDAY, JULY 10, 2:00 - 5:00 PM)

CITY: ______STATE: ______AGE ______President’s Reception Additional Tickets ____ @ $40 EACH $ ______(FRIDAY, JULY 10, 6:30 - 8:00 PM) Registration fee includes admission for registrant plus one adult guest. Additional tickets for guests over age 18 are $40 each. ___ Farewell Brunch ____ @ $45 EACH $ ______SUBMIT (SATURDAY, JULY 11, 9:00 - 11:00 AM) ONLINE: www.msbar.org ANNUAL MEETING OPTIONAL EVENTS SUBTOTAL $ MAIL: The Mississippi Bar TOTAL DUE Meeting Registration TOTAL ENCLOSED Step 6 – (ADD 5 & 6) $ P.O. Box 2168 Jackson, MS 39225-2168 Step – PAYMENT METHOD FAX: 601-355-8635 7 E-MAIL: [email protected] ❏ CHECK – PAYABLE TO THE MISSISSIPPI BAR ❏ CREDIT CARD ❏ VISA ❏ MASTERCARD ❏ AMEX ❏ DISCOVER

CARD NUMBER: ______

EXPIRATION DATE: ______CODE ON BACK: ______

FOR OFFICE USE PRINT CARDHOLDER’S NAME: ______DATE: BATCH#: (as it appears on card) CARDHOLDER’S SIGNATURE: ______MORE INFORMATION AT WWW.MSBAR.ORG 45 The Mississippi Bar 2015

Participants of the Mississippi Bar’s Leadership Forum 2015 are from left (seated) : Kashonda Lekesha Day, Ashley Nader Stubbs, LaToya T. Jeter, Keishunna L. Randall, Sabrina B. Ruffin, Angela D. Williams; (Back) R. Lane Dossett, Tiffany R. Paige, S. Megan McGrew, James “J. D.” Johnson, Jason R. Savarese, Adam H. Gates, Gregg Mayer, James “Trey” Gunn, III, Catherine B. Bell, Dustin Markham, Lyndsy Landry Irwin, Elizabeth L. Porter, Greta L. Kemp, Catoria P. Martin, L. Dawn Mapp, and Willis Hanks “Bill” Jolly, III; Not pictured: Toni W. Terrett

Participants

Catherine B. Bell, Jackson Willis Hanks "Bill" Jolly, III, Hernando Elizabeth L. Porter, Hattiesburg Kashonda Lekesha Day, Jackson Greta L. Kemp, Jackson Keishunna L. Randall, Ridgeland R. Lane Dossett, Hattiesburg L. Dawn Mapp, Brandon Sabrina B. Ruffin, Ridgeland Adam H. Gates, Jackson Dustin Markham, Meridian Jason R. Savarese, Gulfport James "Trey" Gunn, III, Jackson Catoria P. Martin, Jackson Ashley Nader Stubbs, Ridgeland Lyndsy Landry Irwin, Bentonia Gregg Mayer, Jackson Toni W. Terrett, Vicksburg LaToya T. Jeter, Jackson S. Megan McGrew, Jackson Angela D. Williams, Jackson James "J. D." Johnson, Gulfport Tiffany R. Paige, Jackson

46 Spring 2015 The Mississippi Lawyer Leadership Forum Class

Martin Willoughby MB Bar President was the moderator Gene Harlow for “A New Breed addressed the of Leader” participants

“Professional Responsibility for MS Past Bar President Cham Trotter spoke on Lawyers” was the topic of Mississippi General Counsel of the Bar, Adam “Professionalism and Public Percep- College School of Law Professor Jeffrey Kilgore, discussed “The Lawyer’s Creed” tions” Jackson

“The Professional York Craig, Jr., and Ethical Past Bar Implications of President, talked Impairment” was about “Civility the topic of Chip and Values” Glaze, Executive Director of the Lawyers and Judges Assistance Program

Continued on next page

The Mississippi Lawyer Spring 2015 47 The Mississippi Bar 2015

MS Bar Government Affairs Director, Representative Robert Johnson addressed Addressing the class was Senator Briggs Jimmie Reynolds, addressed the partici- the Leadership Forum Hopson pants at the Capitol

Senator Sally Doty, Senator Brice Wiggins, and Senator Everyone enjoyed hearing Senator Sean Tindell Derrick Simmons addressed the Leadership Forum class

Justice Randy Court of Pierce addressed Appeals Chief the class at the Judge Joe Lee Supreme Court spoke to the Courthouse class

48 Spring 2015 The Mississippi Lawyer Leadership Forum Class

Mark Chinn spoke on “Why Give Back to An update on “MS Access to Justice” Patti Gandy addressed the class as the the Community” was given by Beau Cole Director of the Legal Aid Office of Mission First

Jennie Eichelberger spoke on “Public Service Addressing the final session was Belhaven Programs of the MS Bar” and Gayla Carpenter- University President Dr. Roger Parrott Sanders spoke on Mississippi Volunteer Lawyers Project

Governor William Winter spoke to the Rebecca Wiggs spoke to the participants MS Bar Executive Director Larry Leadership Forum at the May session Houchins addressed the participants

The Mississippi Lawyer Spring 2015 49 Young Lawyers Division News

A special thanks to our speakers - Aafram School of Law. I had an opportunity to Sellers, Andrew Neely, Clarence Webster, address the new admittees, along with Graham Carner, Charlie Swayze, Craig Mimi Arthur, Chair of the Bar Admissions Robertson, Corey Hinshaw, Matt Ceremony and Eugene Harlow, President Eichelberger, Michael Bentley, David of the Mississippi Bar. McCarty and Missye Martin. We are looking forward to finishing The Second Annual YLD Mid-Year our year in Destin at The Mississippi Bar’s Jennie Eichelberger Conference was held in Jackson on March Annual Meeting. During YLD’s General Young Lawyers Division President 27, 2015 at the King Edward Hotel. The Assembly on Friday, July 10, the 2014-2015 event kicked off with a reception at the Outstanding Young Lawyer of the Year King Edward Hotel the evening before the will be recognized. I am excited to The Young Lawyers Division has Conference. The conference featured a announce that the keynote speaker at the always been focused on public service. continuation of skill-based CLEs, includ- YLD Assembly will be Edward W. Hayes, Our members serve the public through a ing voir dire and jury selection; opening a well-known attorney, memoirist and variety of projects including Wills for statements and closing arguments; tips on political commentator from New York. Heroes, Lawyers in the Library, Homeless successfully mediating a case and deposi- Mr. Hayes is well-known for his role as Youth Clinics, Lawyers in Every tion skills. We were honored to have the subject of Tom Wolfe’s novel, Bonfire Mississippi Classroom, Bullyproof, and accomplished practitioners teach the of the Vanities. I hope that you will join us the High School Mock Trial Competition. CLEs, including Bobby Dallas, Donald in Destin. We are very proud of our commitment to Dornan, Will Manual, Rocky Wilkins, As we move forward, if you would like public service and to helping members of Rebecca Wiggs, Amanda Green to become more involved with YLD, our communities and the public. We strive Alexander and Cindy Mitchell. Patrick please contact Rene Garner at rgarner@ to better our commitment to public serv- Nelson, COO and co-founder of I’m ME, msbar.org or me at jennie.eichelberger ice each and every year. However, this spoke to the membership about the impor- @splcenter.org I year, in addition to our commitment to tance and necessity of public service. The public service, I sought to develop more Honorable James E. Graves, Jr., delivered services and programs for our members, the keynote address during the lunch hour. so that we can serve our YLD members, as The day concluded with a panel discus- THE MISSISSIPPI BAR well as the public. sion about professionalism and ethics The planning phase to better the com- from four Past-Presidents of The mitment to our membership and offer Mississippi Bar, Nina Stubblefield Young Lawyers Division more services to our members began with Tollison, Joy Phillips, Cham Trotter and planning sessions in Pittsburg last May at Rodger Wilder. As special thanks to all of General Assembly the ABA YLD’s spring conference. It was the speakers that contributed to making in Pittsburg that I was able to participate the event a success. We look forward to in brainstorming sessions about how to continuing to offer more services to our Friday, July 10 better serve our membership. Out of that members in the future. conference, the idea to have the Litigation On April 30, 2015, another successful 8:00-9:00 a.m. 101 CLE Series was born, as well as the Bar Admissions ceremony was held and idea to further develop YLD’s mid-year we welcomed 96 new attorneys to our meeting. noble profession. Oaths were adminis- Sandestin Hilton Our Litigation 101 Series consisted of tered to the new admittees by Justice six 2-hour CLE sessions which took the James W. Kitchens, Judge J. Dewayne Sandestin, Florida participants step by step through the liti- Thomas, Judge Jane Virden, Judge Daniel gation process with sessions of case inves- P. Jordan, III, and Judge Rhesa H. tigation and evaluation; depositions and Barksdale. Dean Richard Gershon recog- Keynote Speaker discovery; mediation and negotiation; nized the new admittees from the trial; appeals; and ethics and civility. The University of Mississippi School of Law Edward W. Hayes series was a success and we look forward and Dean Wendy Scott recognized the to continuing this CLE series in the future. new admittees from Mississippi College

50 Spring 2015 The Mississippi Lawyer Spring 2015 MISSISSIPPI Bar Admissions Ceremony Sponsored by the Access Young Lawyers Division to Justice COMMISSION

Program participants administering the oath to practice law in Mississippi included (front row), Judge J. Dewayne Thomas, representing Hinds County Chancery Court; Justice James W. Kitchens, representing the Supreme Court; Eugene M. Harlow, President of The Mississippi Bar; Dean Wendy B. Scott, Mississippi College School of Law; Judge Jane M. Virden, representing the US District Courts for the Northern District of Mississippi; Reverend Ricky James, St. Luke’s United Methodist Church; (second row), Mimi Reeves Arthur, Chair, YLD Bar Admissions Ceremony Committee; Jennie A. Eichelberger, President of the Young Lawyers Division of The Mississippi Bar; Judge Daniel P. Jordan III, representing the US District Courts for the Southern District of Mississippi; Judge Rhesa H. Barksdale, representing the US Court of Appeals for the Fifth Circuit; Dean Richard Gershon, University of Mississippi Law School.

tel. 601.960.9581 The Spring Bar Admissions Ceremony sponsored by the Young Lawyers Division was held Thursday, April 30, 2015 at Supreme Court Courthouse in Jackson. Representing the www.msatjc.com Young Lawyers Division Bar Admission Ceremony Committee were Brent Cole; Alicia Hall; Mimi Arthur, Chair; Adria Hertwig; and Elizabeth Crowell.

The Mississippi Lawyer Spring 2015 51 Spring 2015 New Admittees

John Oscar Alexander IV Morgan Locke Houston John Steven Hanson Miner Jhasmine Eunique Andrews Lauren Ashley Jee Nicholas Francis Morisani, Sr. Patrick Michael Ardis Erich Gregg Jerscheid David Frank Myers Sarah Foster Barron Tressa Valentine Johnson Timothy Ar-Ting Ngau Richard Kent Bayless Andreanna Dominique Jones Ammie Thi Nguyen Stephanie Jordan Bennett James Henry Jones IV Tracy Aaron Overstreet Heidi Elizabeth Billington Justin Lee Jones Jeff Davis Pace III Semmes Hill Bobo Claire Emelia Kenda Morgan Julia Palmer Thomas Richard Boller Blair Lynn Kennedy Melinda Janet Parks Daniel Evan Bradshaw Anne Caroline King Matthew Brandon Peters Bruce Gregory Patrick Brown Katherine Ann Kingren Michael Taylor Ramsey Carlton McCoy Brown Juanita Passyn Kuhner Jerrod Mitchell Rayborn Tracey Amanda Brown Ann Terry Landgraf Joel Charles Reynolds, Jr. Stephen Finley Butterfield Todd Anthony Latiolais Leanna Reynolds Dustin Carl Carter Don Michael Lazarus Anna Katherine Robbins Laura Summerfield Chism Scott Forrest Leary, Jr. Aisha Arlene Sanders Francois David Choudoir Jonathan Michael Lieb Noah Lee Sanford Bryan Arthur Coleman Jay Douglas Liles William Tyler Scott Charles William Daniels, Jr. Emily Kincses Lindsay Christina Maria Seanor Margaret Nika Davis Thomas Matthew Loper Jeffrey Patrick Setterstrom Rebecca Pruett Denham Erik Kyle Martin Caitlyn Terrell Smith Stephen McCarty Edwards, Jr. Haley Suzanne Martin Justin Dontrell Smith Benjamin Henry Farrow Brooke Lauren McCarthy Joshua Brian Stretch Bruce Lee Feldbaum John Paul McCarty Arnold Edward Taylor, Jr. Benjamin Durant Fierman Steven Herbert McCleskey Perry Provosty Tayor Dewitt Langston Fortenberry III Yawanna Nabors McDonald Kai-Chung Tsao Thomas Joel Fyke Charles Mitchell McGuffey Jayne Michelle Welch Hunter Allen Hawley Hance Wesley McKenzie III Darryl Anthony Wilson Charlton Samuel Hedden Cambri Alise McNair Carl Knoerr Wyatt, Jr. Luke Matthew Henson Amanda Hope Meadows Susan Gunning Zachos Juan Raynard Herold Steven Daniel Medlock Jefferson Vaughan Hester Tyler Brandon Melton Carrie Megan Holland Summerann Shuler Miller

52 Spring 2015 The Mississippi Lawyer New “Lawyers in the Family”

Christina M. Seanor, left, is welcomed by her uncle David M. Don Michael Lazarus, left, of McComb, is congratulated by his Allen, right, (admitted 1978), both of Ocean Springs. uncle L. Jackson Lazarus, right, (admitted 1982) of Natchez.

Aisha Sanders, center, is greeted by her father, Everett T. Sanders, left, (admitted 1974), and mother Lillie Blackmon Sanders, right, (admitted 1979) all of Natchez.

Witt Fortenberry, center, is welcomed by his mother Sheila Leanna Reynolds, left, of Charleston is congratulated by her Fortenberry, left, (admitted 1984), and his father Rusty uncle Tommy Reynolds, right, (admitted 1977), of Water Valley. Fortenberry, right, (admitted 1984), all of Mendenhall.

The Mississippi Lawyer Spring 2015 53 Mississippi Students Grades K-12 Celebrated

Kindergarten - First Place Kindergarten - Second Place Reese Genna Liam Spratlin Waveland Elementary Jackson Academy

Law Day was May 1, and this year The Mississippi Bar conducted its’ annual statewide Law Day Art Contest. Flyers were sent to every public and private school (K-12) in Mississippi. The Bar received over 700 entries from 18 different schools in 12 counties. First, second and third place were awarded at First Grade - First Place each school and then the judges Della Florey chose a first and second place from Desoto Central Primary School each grade for statewide winners. There were also Division Winners and an Overall Best in Show for High School and an Overall Best in Show for Elementary. Winning students from each school received First Grade - Second Place certificates, and overall winners’ Audra Freeman work was on display at the Waveland Elementary Mississippi State Capitol Building during Law Week April 27th-May 1st and showcased in this issue of The Mississippi Lawyer magazine. Congratulations to all the students for their great work!

Second Grade - First Place Meredith Mauffray Waveland Elementary

54 Spring 2015 The Mississippi Lawyer Law Week 2015 Through an Art Contest

Second Grade - Second Place Nick Spratlin Jackson Academy

Third Grade - First Place Lilyan Harris Clinton Christian Academy

Fourth Grade - First Place Third Grade - Second Place Desiree Loya Diamond Anthony North Bay Elementary North Bay Elementary

Fifth Grade - First Place Overall Division Winner Grades 1st-6th Fourth Grade - Second Place Best in Show Elementary Collins Trolio Brinkley Boswell Oak Hill Academy Christ Covenant School

The Mississippi Lawyer Spring 2015 55 The Theme for Law Day 2015 was “Magna

Fifth Grade - Second Place Suzie Brown St. Vincent de Paul Catholic School

Seventh Grade - First Place Zandon Wells Eiland Middle School

Seventh Grade - Second Place Reece Ducrest Madison-Ridgeland Academy Ninth Grade - First Place Overall Division Winner Grades 7th-9th Addie Blurton Madison-Ridgeland Academy

Ninth Grade - Second Place Kendric Moffett Tenth Grade - First Place Hattiesburg High School Devin Fizer Hattiesburg High School

56 Spring 2015 The Mississippi Lawyer Carta – Symbol of Freedom Under Law”

Tenth Grade - Second Place Eleventh Grade - First Place Orchid Berch Cecelia Moseley Pearl High School Lamar M/H School

Eleventh Grade - Second Place Madison Wilson Pearl High School

Twelfth Grade - Second Place Twelfth Grade - First Place Dylan Joles Overall Division Winner Lamar M/H School Grades 10th-12th Best in Show High School Ryan Arias-Perez Oak Grove High School

The Mississippi Lawyer Spring 2015 57 LAWYERS HELPING LAWYERS The Upside “The alcoholic is like a tornado roaring his way through the lives of others. Hearts are broken. Sweet relationships are dead. Affections have been uprooted. Selfish and inconsiderate habits have kept the home in turmoil.” – Alcoholics Anonymous (“the Big Book”) p.82

What a fitting description of the mental clarity is frequently a welcome Such revival is quite possible, and may active alcoholic/addict. Those of us benefit. The mental energy previously even be anticipated in personal and pro- familiar with the disease and those who burned trying to just keep going is redi- fessional relationships, so long as the have loved an addict can attest to its accu- rected to much greater use. individual attends to his/her program of racy. Sadly, it can also apply to someone So many who struggle in addiction recovery. This process may take time, as suffering with other untreated and other mental/emotional health issues trust may have been strained or broken, mental/emotional health issues like describe the inability to be “comfortable but it can be, and often is, rebuilt. depression. Sounds pretty grim, huh? in my own skin.” By practicing the prin- At LJAP, we strive to be there to pro- The good news: solutions and assistance ciples of recovery, we learn to take life on vide necessary services and support for are available, and “success stories” in life’s terms, and to practice acceptance persons in need. It is such a powerful recovery abound. The great news: there’s both within and without. To feels that process, and absolutely wonderful when more, so much more. Over and above the one’s skin “fits,” maybe for the first time, “it works.” That power and wonder only cessation of problematic behavior and the is an incredible experience. Are individu- increase as individuals continue their management of behavioral health issues als in recovery always happy? Of course involvement with the recovering commu- there is definitely an “upside.” In fact not, but we’ve come to know that it is a nity, and LJAP in particular, as the there are many “upsides” for both the mistake to expect such. We learn to “upsides” begin to unfold in their lives. individual and those who surround him or accept and be content with “enough.” If you are concerned that you or some- her. The end of calamity is not the end of Having learned to accept life on life’s one you know may be in need of assis- the story, but merely the beginning. terms and found some measure of con- tance, please contact LJAP. All commu- Trying to function while trapped with- tentment, the individual in recovery has nication in confidential and involvement in the walls of active impairment can feel the chance to redeem their broken rela- with LJAP is voluntary. You should also like trying to move through quicksand. tionships. This is certainly not always an call if you or someone you know has The brain of one currently suffering oper- option, as some relationships are irrepara- addressed issues of addiction or other ates very much like a muscle that is bly torn, but there is now a chance where mental/emotional illness, but isn’t seeing deeply contused. The basic activities of there had been none. Hopefully the the “upsides.” We’d love to help. I daily living become increasingly difficult recovering individual has fresh clarity, a to manage, to say nothing of clients’ legal willingness to accept responsibility, and For Confidential Help issues. Tasks that would typically/ideally an awareness of healthy boundaries. take only minimal thought can seem When marshalled alongside willingness, Call The Lawyers and Judges insurmountable. As one’s time in recov- this can be a recipe for stronger relation- Assistance Program. ery builds, refreshed and even improved ships than could have been anticipated. 1.800.593.9777 LAWYERS & JUDGES ASSISTANCE PROGRAM CONTACT US For confidential help, call the Lawyers and Judges Assistance Program at 1.800.593.9777 You can also visit our website: Lawyers Assistance Program link on The Mississippi Bar website: www.msbar.org

58 Spring 2015 The Mississippi Lawyer IN MEMORIAM

Henry J. Cook, III Oxford for 33 years, first with his father Hal Freeland and in the last 11 years with Hal and his wife, Joyce Freeland. He practiced Henry J. Cook, III, 78, of Diamondhead, died March 16, 2015. A at Freeland & Freeland law office off the Square in Oxford. He graduate of Mississippi College School of Law, he was admitted has been a long-term supporter and member of the Board of the to practice in 1978. He was a Green Beret who spent more than Mississippi Innocence Project. four decades serving in the military. He served as a Colonel in Vietnam. Cook was part of a special forces until assigned a top secret mission. The colonel and a team of Mobile Guerrilla Louis A. Fuselier Forces would parachute into hostile war zones and come face-to- Louis A. Fuselier, 83, of Jackson, died May 5, 2015. A graduate face with the Viet Cong. Wounds he suffered in combat during of Tulane University Law School he was admitted to practice in the Tet Offensive earned Cook two Purple Hearts and earned him 1964. He then joined the United States Air Force, rose to the rank multiple Bronze Stars in the Army. Cook helped in the effort to of Captain and served as pilot in Germany flying missions during construct the Mississippi Vietnam Memorial in Ocean Springs. the Berlin airlift. In 1963 Fuselier moved to Jackson where he practiced Labor Relations law with the firm of Sullivan, Sullivan Daniel H. Fairly and Keys. He then established the firm of Fuselier, Hector, Robinson and Ott. Fuselier was an inaugural fellow of the Labor Daniel H. Fairly, 58, of Brandon, died April 3, 2015. A graduate and Employment College and was also named a members of of the University of Mississippi School of Law, he was admitted Who’s Who in American Law. After practicing law for more than to practice in 1981. He was a judge for the 20th Chancery forty years, he retired from the firm of Young, Williams, District of Mississippi. He was elected to the position in 2006 Henderson and Fuselier. He served as President of the Downtown and took office the following January. He was re-elected in 2010 Jackson Rotary Club. He was the first Life Time Member and a and 2014. Prior to his election in 2006, Fairly served as a munic- former President of the Mississippi Wildlife Federation. ipal judge pro tempore for the city of Flowood. For years, he was a partner with Wells, Marble and Hurst, in Jackson. His last years were spent in Chancery Court of Rankin County. He was a mem- James L. Garner ber of First Presbyterian Church of Jackson and then Lakeside James L. Garner, 80, of Brandon, died December 11, 2014. A Presbyterian Church in Brandon, where he served for many graduate of the University of Mississippi School of Law, he was years. admitted to practice in 1962. He served two years with the United States Air Force. He had a legal profession that lasted 50 years Timothy A. Ford that included private practice and Justice of the Peace. He worked with Mississippi Worker’s Compensation Commission and as Timothy A. Ford, 63, of Oxford, died February 27, 2015. A grad- an Administrative Law Judge for the Social Security Admini- uate of the University of Mississippi School of Law, he was stration. admitted to practice in 1977. He was an Eagle Scout. After graduation Ford practiced law with Carnathan and Malski and was Assistant District Attorney until his election to the Mississippi Wayne C. Gulledge House of Representatives at age 27. In 1986, he was elected Wayne C. Gulledge, 59, of Flowood, died November 3, 2014. A Speaker at age 36. While Speaker, he chaired the Southern graduate of the University of Mississippi School of Law, he was Legislative Conference, National Speakers Conference and the admitted to practice in 1980. He was an active supporter of State Legislative Leaders Foundation. Ford was the first House Alcoholics Anonymous at the Jackson Chapter where he served Speaker in the nation to receive the William M. Bulger as mentor and counselor. Gulledge also supported MARL Excellence in State Legislative Leadership Award and was recip- (Mississippi Animal Rescue League) in Jackson. ient of the Supreme Court 2003 Chief Justice Award. On his retirement from the Legislature in 2004, he was the longest then serving Speaker in the United States and the second longest serv- David Charles Henry ing Speaker in the history of Mississippi. After his legislative David Charles Henry, 52, of Jackson, TN, died January 24, 2015. career, Ford went back to the practice of law and was a Senior A graduate of the University of Mississippi School of Law, he Partner and member of the Executive Committee of Balch and was admitted to practice in 1989. Bingham, a 250 member firm with offices in four states and Washington, D.C. William F. Jones William F. Jones, 83, of Hattiesburg, died November 9, 2014. A Thomas H. Freeland, IV graduate of the University of Mississippi School of Law, he was Thomas H. Freeland, IV, 59, of Oxford, died February 21, 2015. admitted to practice in 1959. He served four years in the U.S. Air A graduate of the University of Mississippi School of Law, he was admitted to practice in 1981. Freeland practiced law in Continued on next page

The Mississippi Lawyer Spring 2015 59 IN MEMORIAM

Force. Jones practiced law with the firm Moore and Jones in Jack E. Pool Hattiesburg, specializing in Real Estate Law. In 1998, he retired Jack E. Pool, 77, of Dallas, TX, died March 6, 2015. A graduate from law practice. of the University of Mississippi School of Law, he was admitted to practice in 1960. His career as a lawyer spanned nearly 55 William Wendell Martin years. He began practicing law in Natchez. He managed ADCO William Wendell Martin, 58, of Gulfport, died February 26, drilling company and ran an early computerized data archive for 2015. A graduate of the University of Mississippi School of Law, local businesses. Pool retired in 2011, after serving for 11 years he was admitted to practice in 1981. He was of the Church of as director of the Central Legal staff, then more than five years as Christ faith. Martin served as Supervisor of District 4 for over 15 Supreme Court Administrator and Counsel. He served under six years. He was a member of the Gulfport Branch of NAACP chief justices during his 16 years at the court. This earned him the where he served as Former President, Magnolia Bar Association Chief Justice Award in 2003 and 2005. He was the point person and North Gulfport Civic Club. for the court in the construction of the new Carroll Gartin Justice Building, which was occupied by the courts in 2008 and completed in 2011. After he retired from the court and moved to Paul B. Murphy Dallas, he volunteered in the Court Appointed Special Advocates Paul B. Murphy, 81, of Belzoni, died March 11, 2015. A gradu- (CASA) program of Collin County. He served as guardian ad ate of the University of Mississippi School of Law, he was admit- litem for minors. ted to practice in 1960. Murphy served two years in the United States Army at Fort Bliss, Texas. He was an active member of St. Therese’s Catholic Church. Jessie D. Puckett, Jr. Jessie D. Puckett, Jr., 88, of Brandon, died September 27, 2014. A graduate of the University of Mississippi School of Law, he Casey C. Pace was admitted to practice in 1953. In 1943, he was called to active Casey C. Pace, 68, of Brandon, died February 15, 2015. A grad- duty, serving in the Navy. After 3 years of active duty, Puckett uate of the University of Mississippi School of Law, he was was honorably discharged as a Quartermaster Second Class. admitted to practice in 1972. Pace served as an Assistant Director Puckett was employed with Humble Oil and Refining Company, at the Mississippi Research and Development Center until 1984. which later became known as Exxon. He worked for Exxon for He worked as a financial broker before becoming Director of the 25 years and retired in 1978. After retiring from Exxon, he Mississippi Legislative Reference Bureau at the State Capitol, worked for Forest Oil Company and retired from there in 1992. where he served from 1990 until his retirement in 2011. Daniel Elwood Ruhl Richard Earl Perkins Daniel Elwood Ruhl, 42, of Ridgeland, died April 19, 2015. A Richard Earl Perkins, 73, of Moss Point, died April 26, 2015. A graduate of Mississippi College School of Law, he was admitted graduate of the University of Mississippi School of Law, he was to practice in 2004. He was commissioned as an officer into the admitted to practice in 1966. He served in the United States Army U.S. Navy and served in the Supply Corps during his years in the from 1966 to 1968 and received an Honorable Discharge as 1st military. He completed his years in the Navy as an instructor at Lieutenant after serving in Korea and at Fort Benning, Georgia. the Navy Supply Corps School in Athens, Georgia. Upon dis- Perkins then opened his law office in Moss Point and practiced charge from the Navy, Ruhl joined AmSouth Bank’s management for 46 years. During those years, he was a sole practitioner 38 program in Birmingham, Alabama. In 2004, Ruhl joined the years and in partnership as Mills & Perkins for 8 years. He served Jackson, MS law firm of McGlinchey Stafford where he prac- as City Judge for the City of Moss Point from 1969-1976, attor- ticed law for two years in the area of corporate litigation and ney for the Board of Trustees of the Moss Point School District bankruptcy. In 2006, he moved to the law firm of Copeland Cook for more than 20 years, and attorney for the Mayor and Board of Taylor and Bush where he continued to practice corporate litiga- Aldermen of the City of Moss Point for many years. Active in his tion and bankruptcy. He coached the Mississippi College church and community, he was a Deacon and Trustee of First Duberstein teams for several years and was inducted into the Baptist Church of Moss Point, an Advisory Member of the Board Order of Barristers for his service. Ruhl was a member of the of Directors of First Federal Savings and Loan since 1970. Charles Clark Inns of Court as well. He worked with Mission Perkins was a member of the Jackson County Bar Association, First Legal Aid. He was an active member of St. James’ Episcopal past member of the Board of Trustees of the Homes of Grace, and Church where he served as an usher. past President and Director of the Pascagoula-Moss Point Chamber of Commerce.

60 Spring 2015 The Mississippi Lawyer IN MEMORIAM

Martin T. Smith Bingham LLP in Jackson. Turner was Chairman of the Bar’s Labor & Employment Section, 2004-2005, Governmental Affairs Martin T. Smith, 80, of Poplarville, died February 26, 2015. A Director for the Mississippi Society for Human Resource graduate of the University of Mississippi School of Law, he was Management, 2012-present, Chief lobbyist for 1,300 members of admitted to practice in 1958. Smith served as the attorney for the Mississippi SHRM and Co-Author, “Enforcement of Arbitration PRCC Board of Trustees for approximately 30 years, beginning Agreements in Mississippi.” He was a presenter at numerous in the mid-1960s. Smith served as the first chairman of the seminars on labor and employment related topics. PRCC Development Foundation. He was recognized as Poplarville’s Citizen of the Year and was named PRCC Alumnus of the Year in 1983. He also served in the state Senate for 20 Edmund J. Walker years, with the last eight years as Chairman of the Senate Edmund J. Walker, 72, of D’Iberville, died October 22, 2014. A Judiciary Committee. He also served as attorney for the City of graduate of the University of Mississippi School of Law, he was Poplarville for the past 24 years. In 1958 he opened a general law admitted to practice in 1966. practice in Poplarville. He represented Pearl River County and surrounding areas in the Mississippi Senate from 1968 to 1988 and served as the first administrative director of the John A. Williams Administrative Office of Courts from 1993 to 1997. He then John A. Williams, 52, of Salt Lake City, UT, died September 16, returned to Poplarville and again served as attorney for the Board 2014. A graduate of the University of Mississippi School of Law, of Trustees of Pearl River Community College, and then as City he was admitted to practice in 1990. He served as a missionary Attorney for the City of Poplarville, a position he had also previ- for 2 years in Cali Colombia. ously held, both which he held at the time of his death. He was a past recipient of the Bar’s Distinguished Service Award and of the Lampton O’Neal Williams Mississippi Supreme Court Chief Justice’s Award. He was also a Fellow of the Mississippi Bar Foundation. He was President of Lampton O’Neal Williams, 96, of Poplarville, died April 14, First State Savings & Loan Association and served as Chairman 2015. A graduate of the University of Mississippi School of Law, of its Pearl River County Division Advisory Board. Smith was a he was admitted to practice in 1942. He was commissioned a Past President of the North Pearl River Chamber of Commerce. Lieutenant in the United States Naval Reserve and served during He was the first Chairman of the Poplarville-Pearl River County World War II. After his military service, he began practicing law Airport Board. He was also the first Chairman of the Pearl River with his father in Poplarville. Williams served as a Commissioner Community College Development Foundation. He was a long- of the Bar in 1947-1948 and 1975-1976. He was a member of the time member of the Rotary Club of Poplarville and was an active American Bar Association, Pearl River County Bar Association, member, and past Chairman of its Administrative Board, of the Mississippi Trial Lawyers Association, and Mississippi Oil and First United Methodist Church of Poplarville. Gas Lawyers Association. He was named Citizen of the Year for 1967 by the Chamber of Commerce. He was an active member of William H. Stubblefield the Poplarville First United Methodist Church. Williams was also involved in the mission of Brother’s Keepers. William H. Stubblefield, 65, of Oxford, died April 27, 2015. A graduate of the University of Mississippi School of Law, he was admitted to practice in 1979. Stubblefield served in the U.S. Michael Paul Younger Navy from 1971-1975, where he reached the rank of Lieutenant Michael Paul Younger, 61, of Brandon, died February 9, 2015. A and served two deployments in the Far East, including service in graduate of the University of Mississippi School of Law, he was Vietnam. In 1979, he joined Holcomb Law Offices in Clarksdale. admitted to practice in 1979. He twice served as president of the He moved to Memphis, TN and had a long career with Dunavant Bulldog Club and was on the executive board for many years. He Enterprises, where he started as General Counselor in 1983 and practiced law for 36 years. He served as the Brandon Municipal retired as Executive Vice President and Chief Operating Officer Judge for 31 years. Younger taught Sunday school at the First in 2010. Methodist Church for 18 years.

E. Russell Turner E. Russell Turner, 47, of Jackson, died April 4, 2015. A graduate of the University of Mississippi School of Law, he was admitted to practice in 1994. He was a recipient of the E. Kerby Bowling Award in Labor Law. He was associated with Bryan, Nelson PLLC in Pascagoula, Phelps Dunbar in Jackson and Balch &

The Mississippi Lawyer Spring 2015 61 62 Spring 2015 The Mississippi Lawyer ROBERT F. STACY, JR. J. RALPH WHITE offering SHARON L. ANDREWS Civil Mediation and Conflict Resolution Services and Offering mediation and conflict resolution services STELLA SHACKELFORD throughout Northern Mississippi utilizing mediation training acquired at Pepperdine University School of are proud to announce the formation of Law Straus Institute for Dispute Resolution.

WHITE, ANDREWS & SHACKELFORD, LLC With more more than 25 years of experience taking (Formerly White Law Firm) numerous cases to verdict in both state and federal courts, Robert is listed as AV Preeminent-rated by Martindale- J. Ralph White 650 Poydras Street, Suite 2319 Hubbell; recognized by Best Lawyers in America in two Sharon L. Andrews New Orleans, Lousiana 70130 practice areas; and has been listed in Mid-South Super Stella C.C. Shackelford Telephone: (504) 799-2585 Lawyers consistently since 2011. B. Alan Baker 2086 Old Taylor Road, Suite 201 William K. Duke Oxford, Mississippi 38655 Robert is a member of the Mississippi Bar Association (Of Counsel) Telephone: (662) 281-3940 and the Tri-County Bar Association.

www.whiteandrews.com Telephone: 662.236.8735 E-mail: [email protected] Providing innovative approaches Mobile: 662.832.1925 to complex legal challenges 265 North Lamar Boulevard, Suite R Attorneys licensed in LA, TX, MS & AL Post Office Box 1396 Oxford, Mississippi 38655-1396

HOLCOMB DUNBAR HUBBARD, MITCHELL, WILLIAMS & STRAIN, PLLC Attorneys

is pleased to announce that is pleased to announce that

BRADLEY RUSSELL MCDILL JOSHUA P. MOORE

has joined the firm as a member Has joined the firm as a Partner

Jeffrey P. Hubbard 1062 Highland Colony Parkway 400 South Lamar Avenue, Suite A Richard D. Mitchell Suite 222 Post Office Drawer 707 Jeffrey M. Williams Ridgeland, Mississippi 39157 Oxford, Mississippi 38655 Stacey L. Strain Telephone: (601) 707-3440 Bradley R. McDill Facsimile: (601) 898-2726 holcombdunbar.com

The Mississippi Lawyer Spring 2015 63 MORGAN & MORGAN, PLLC

is pleased to welcome its newest members to the Jackson, Mississippi Office: The Law Firm of

CHRISTOPHER W. ESPY JACKSON & ARRINGTON, PLLC as part of the Firm’s Employee Rights Team is pleased to announce that EDWARD SANDERS as part of the Firm’s Personal Injury and ROBERT W. CLARK, J.D., LL.M. Product Liability Team (Master of Laws in Taxation—University of Florida) LINDSAY E. VARNADOE as part of the Firm’s Workers’ Compensation Team has become associated with the firm

Robert T. Jackson, Sr. Derek R. Arrington Morgan & Morgan, PLLC Robert T. Jackson, Jr. G. Neil Rogers One Jackson Place 188 E. Capitol St., Ste. 777, Jackson, MS 39201 Telephone: 601-949-3388 309 South 40th Avenue Facsimile: 601-949-3399 Hattiesburg, Mississippi 39402

Attorneys: Mailing Address: Managing Partner: Gregory J. Bosseler* John Hall Post Office Box 15517 Courtney Cockrell Matthew Hetzel Hattiesburg, Mississippi 39404-5517 Andre Ducote Gerald Kucia Christopher Espy** Christopher Neyland Mike Espy Edward Sanders Telephone: (601) 264-3309 William ‘Wes’ Fulgham Lindsay Varnadoe Facsimile: (601) 264-6044

*Licensed in Florida and the District of Columbia **Also Licensed in the District of Columbia

BENJAMIN E. GRIFFITH, PLLC

is pleased to announce To place a the opening of his new law firm in Oxford Professional Announcement,

on November 1, 2014 please contact Krissa Easley at GRIFFITH LAW FIRM The Mississippi Bar Post Office Box 228 Telephone: (662) 238-7727 2086 Old Taylor Road, Suite 1023 E-mail: [email protected] at Oxford, Mississippi 38655 www.glawms.com [email protected] Board Certified in Civil Trial Practice by the National Board of Trial Advocacy since 1994

64 Spring 2015 The Mississippi Lawyer CLE Calendar of Events The following live programs have been approved by the Mississippi Commission on Continuing Legal Education. This list is not all-inclusive. For information regarding other programs, including teleconferences and online programs, contact Tracy Graves, CLE Administrator at (601)576-4622 or 1-800-441-8724, or check out our website, www.mssc.state.ms.us. Mississippi now approves online programs for CLE credit. For a list of approved courses, check the Calendar of Events on our website. For information on the approval process for these programs, please see Regulations 3.3 and 4.10 posted under the CLE Rules on our website or contact Tracy Graves at the numbers listed above.

JUNE 8 Barristers Educational Services “Patent, George’s Episcopal Church. Contact 800- 12 UM CLE “Federal Practice & Procedure.” Trademarks & Copyrights: What General 874-8556. 6.0 credits (includes ethics). Ridgeland, Practitioners Need to Know.” 6.0 credits 22 NBI “Business Contracts A-Z.” 6.0 credits MS, Embassy Suites. Contact 662-915- (includes ethics). Jackson, MS, MS. Dept. (includes ethics). Jackson, MS. Contact 7283. of Information Technology Services. 715-835-8525. Contact 800-874-8556. 15 NBI “Boot Camp: Foreclosure & Loan 22 Barristers Educational Services “Recent Workout Procedures.” 6.0 credits (includes 9 Barristers Educational Services “Lawyers Developments in MS Law.” 6.0 credits ethics). Jackson, MS. Contact 715-835- at the Movies: Learning from the Top 30 (includes ethics). Oxford, MS, Oxford 8525. Legal Movies & TV Shows of All Time.” Conference Center. Contact 800-874- 6.0 credits (includes ethics). Gulfport, 8556. 15 NBI “Boot Camp: Foreclosure & Loan MS, Lyman Community Center. Contact Workout Procedures.” 6.0 credits (includes 800-874-8556. 23 MC School of Law “Annual CLE ethics). Tupelo, MS. Contact 715-835- Marathon.” 6.0 credits (includes ethics). 8525. 10 UM CLE “Mid-South Conference on Edu- Jackson, MS, MC School of Law. Contact cation Law.” 6.0 credits (includes ethics). 601-925-7107, Tammy Upton. 18 Sterling Education Services, Inc. “Land- Oxford, MS, University of MS. Contact lord-Tenant Law.” 6.7 hours (includes 662-915-7283. 23 Barristers Educational Services “Recent ethics). Biloxi, MS. Contact 715-855- Developments in MS Law.” 6.0 credits 0495. 14 Barristers Educational Services “Famous (includes ethics). Starkville, MS, Hilton Lawyers & Famous Clients: What We Can Garden Inn. Contact 800-874-8556. 18-19 MS Disability Megaconference “MS Learn From Them.” 6.0 credits (includes Disability Megaconference.” 5.0 credits. ethics). Cleveland, MS, Delta State 23 NBI “Business Contracts A-Z.” 6.0 credits Jackson, MS. Contact 601-968-0600. University Alumni Foundation House. (includes ethics). Tupelo, MS. Contact 19 UM CLE “Workers’ Compensation Prac- Contact 800-874-8556. 715-835-8525. tice.” 6.0 credits (includes ethics). Ridge- 14 NBI “Workers Comp from A-Z.” 12.0 23 NBI “Divorce Law: Common Mistakes in land, MS, Embassy Suites. Contact 662- credits (includes ethics). Jackson, MS. Dividing Assets.” 6.0 credits (includes 915-7283. Contact 715-835-8525. ethics). Jackson, MS. Contact 715-835- 8525. 19 MC School of Law “Arbitration CLE.” 6.0 15 Barristers Educational Services “Recent credits (includes ethics). Jackson, MS, Developments in MS Law.” 6.0 credits 24 MC School of Law “Annual CLE MC School of Law. Contact 601-925- (includes ethics). Hattiesburg, MS, Jackie Marathon.” 6.0 credits (includes ethics). 7107, Tammy Upton. Dole Sherrill Community Center. Contact Jackson, MS, MC School of Law. Contact 19 NBI “Gun Law in MS.” 6.0 credits 800-874-8556. 601-925-7107, Tammy Upton. (includes ethics). Jackson, MS. Contact 16 Barristers Educational Services “Recent 24 UM CLE “Current Issues in Real 715-835-8525. Developments in MS Law.” 6.0 credits Estate/Foreclosure.” 6.0 credits (include 24 UM CLE “Summer MS Municipal Attor- (includes ethics). Natchez, MS, Natchez ethics). Ridgeland, MS, Hyatt Place. ney’s Assn CLE.” 6.0 credits (includes Grand Hotel. Contact 800-874-8556. Contact 662-915-7283. ethics). Biloxi, MS, Beau Rivage. Contact 17 UM CLE “Act of Communication: What 24 Family Law CLE “18th Annual Family 662-915-7283. Can Lawyers Learn From Actors? Control Law CLE.” 6.0 credits (includes ethics). 24 UM CLE “Criminal Law Update.” 6.0 in the Courtroom.” Ridgeland, MS, Oxford, MS, Oxford Conference Center. credits (includes ethics). Biloxi, MS, Beau Embassy Suites. Contact 662-915-7283. Contact 662-513-0159, Carroll Chiles. Rivage. Contact 662-915-7283. 17 Barristers Educational Services “Basic 24 Barristers Educational Services “Recent 26 MC School of Law “Litigating the Com- Wills & Trusts Drafting in MS.” 6.0 cred- Developments in MS Law.” 6.0 credits mercial Trucking Case.” 6.0 credits its (includes ethics). Jackson, MS, MS. (includes ethics). Jackson, MS, MS Sports (includes ethics). Jackson, MS, MC Dept. of Information Technology Services. Hall of Fame. Contact 800-874-8556. School of Law. Contact 601-925-7107, Contact 800-874-8556. 27 NBI “Trusts 101.” 6.7 credits (includes Tammy Upton. 17 Family Law CLE “18th Annual Family ethics). Biloxi, MS. Contact 715-835- 30 CEU Institute Inc. “The Competitive Law CLE.” 6.0 credits (includes ethics). 8525. Edge: Law Practice Risk Management.” Jackson, MS, MS Sports Hall of Fame. 27 Barristers Educational Services “Top 10 2.5 credits (includes ethics). Jackson, MS. Contact 662-513-0159, Carroll Chiles. New Trends in Law Practice 2015.” 6.0 Contact 407-324-0500. 17 Sterling Education Services, Inc. credits (includes ethics). Jackson, MS, MS JULY “Advanced Workers’ Comp.” 6.7 credit Sports Hall of Fame. Contact 800-874- 8556. 6-8 MS Bar “2015 Summer School for (includes ethics). Jackson, MS. Contact Lawyers.” 12.0 credits (includes ethics). 715-855-0495. 28 NBI “Trusts 101.” 6.7 credits (includes Sandestin, Florida, Bayside-Linkside 21 Barristers Educational Services “Recent ethics). Southaven, MS. Contact 715-835- Conference Room. Contact 601-353- Developments in MS Law.” 6.0 credits 8525. 1703, Kellie Freeman. (includes ethics). Clarksdale, MS, St.

The Mississippi Lawyer Spring 2015 65 CLASSIFIED ADVERTISING

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