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The Alabama State Bar in July

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The Alabama State Bar in July Theawyer Alabama SEPTEM.BER 19&4 J . ,._J. J~ • •~ , • sour o • Union Bank works closelywith many Alabama attorneysin administration of crustsand esraces. We've built our reputation on prudent and progressivecru se management. As Alabama'slargest independent bank, our computerizedsysce m gives us scace-of-che-art capabilities and givesyo ur client rota! confidentiality. All operational and invesanencdeci sions are made within our own Trust Deparanent. And as a hometown bank, we rake pride in being abler.ogive professional, personalizedarcention co every client. To find ouc if your client could benefit from Union Bank's rapidlygrowi ng Trust Deparcmenc,contact us today. 1111111 BAJ1K& TRUST MemberFDlC 60 Commerce Street o Montgomery, Alabama 36104 o (205) 265-8201 TURN DAMAGE into• DOLLAR$ Determining Disability and Person al Injur y Damage - Medical Evaluation for Trial Lawyers by]. Stan ley McQuade LL.B., M.D., Ph.D. Many lawyers presently rely on computer services and/or past cases to determine compensation I REW ARD YOUR CLIENT and YOURSELF I with this modern too l which contains several hundred illustrations. You will be able to explain the complcxkies of Medkal Evidence co ultimately achieve TRUE. JUST, and ADEQUATE COMPENSAT ION. ---------------------------ORDER FORM -----------------· Pkatc enter my otda (or-ON·c-nnJnlna 01.ablllJY a.nd P~rson.1 Injury D•m•lt,•• tndkatcd below. On cmh ula 1hcrcit no landlingWrgcand The Harri,on Co mpany will p:,y ,,.,....gcor (rdah, . H•ndlln&cluri!csp lu, Po&t>a<O•(rdch1 will bc•ddcd coollo<hcr .. 1a.O.Oriv1,Floridl,•nd Mwl .. lppl rctldcnt1 i.dd applicable ~,c . - lxlcrn,lnlna Ois:ablllt)' iind Pcl'M)nall njury Oam3;gc - Mtd.lcal 6V11lu•1lon for 1'rlal Lawyen 2'7<MIO-···-· . ... - ......_,_,, __,. ..,,_ ............... -, ....,-, •••,- ....... -, ..... -,.--··-··-··-- ·--···-··- - .. --·- ----· $89 9S -8111 Penonal Account -8111 Firm Attouni _Check Endaocd N•me------- ---- ------ ------------- ------ -­ Addr------ ------ ------ ------------- ------ - C,ryiS<•tdZIP--------- ----- ---- ------- ---------- o,..._________ __, ,iyn11r\Jtc---------- ----- ---------84· JO 'l'J-lliJ fi I 11ARRISONCO MPAN)~ JJUBDISl/8RS 1110C rQ.'b1n1 Parlt • PO Box ?SOO. Noti;ro», OA )(X)91·7SOO awyerThe Alaban1a Publl,hc.<d81muru11ly b)' THE SEPTEMBER 1·1,r Alabon~ ~1.1111'Bar l".0. ltu.,n:-16 MQnlKOm•'l")', Al.!ir.101 11hllfll!12C~l 2&'J.1 5 I:; Rober t AAllurfak er F.di1or Caro l 1\ nn Snlil h J t'n Nowell Assoc.fa1cEditor ~fanaging &htor BOARD OF EDITORS Phillll) E. Moms.Jr. 0J)t'hk.a• Robert P. Ucnn1s1on. Mobite • Sus.inS . Dl:Paolil. ~lont~me ry • l'alrick tL Gr.wt>s.Jr., Huntsville:• Frnncis U.Jlarc.Jr., Hirm1n_g, hnn, • ~ober'I It Kracke. Birmingham • Chnmp l.)'l.lflti,Jr.. ~lobtle• Grover S. Mcltod, Birmingtuim • Keith B. Norman. Montgomery• Rc)brnL l'Oll$, Tus· e11IOO$.l• 1.... Drew Redden,Hinnh1gham • Romnin~ S. Sco11(If , Mobile • Juha $.meds,R irmingh:im • J, M11tk \\1b1tt\ Pittsburgh • S1e,·en L. \Vise.-1'u~loosa • Rot>tnG. Esd<llt,l~x officio. ,\f ontgoinel) ' • J.O. Stn• tell. Emerhus. Mon1gomery OFF s \Y~her R. Hrn~ . Monlgomcry • Prestden1 Janie! 1- North. Birmingham • PrtSidtn 1-tl«1 J~ C. Cassady. ~ntcrpri$e • V,ce pn-stden1 Reginald T. llamncr, M()l'U~fOCI')' • ~rctary OOARDOFCOMMISSIONERS 1st Cin:uit, Edw:11'dP. Tur n~l'.Jr •• Chatc,m • 2nd Cir· cuil. P. Richtird Hardty, Gtte nvllle • 3rd Circult,J. Corman MQUSt<,n,Jr., Eufaula • 4tht: 1reu1t, ll1u,y \V, Camble.Jr,, Selma • 5th Cin:uit. ~~,«I 0. Croy, Tu!\­ kt,gte • 6th CimJil. \Yoltcr P. CrQ\\'llOn~r.Tu s,.'11.luu, Foreclosure Sale or 8:1 • 71h Circul1. II. \\fayrn.•[ ..l)Ve,Anni ,tc>n• 81h Cir· cu,1.AJ . Colcma.n. Oecitur • 9'h Cu't'ul1, \Villiam 0. Bankruptcy Court? Scruggs. Jr .. ft. Pa)'nf' • 10th Cltcull, \Vl'lmn It l.ight(ooc.Birmingham • I l1hC 1rcui1,Robert 1\1.Hill. - pg.248 Jr., l:Jorence • 12.1hCitt:uh .Joc C. Ca:6,Slldy, 1:n1crpri­ se • 13th Circuit, Ren ll llnrri.s, Jr •• Mahl~ • 14th Bankruplcy practice and procedure Ciri.'Ull,K obcl't T. \\'fl.son.S r .•Ja$per • 15th Cin.'llit, remains in an unsettled state. What is John U. Scott.Jr .. Monlgumcry • lEkhC ircun, Ludgtr D. i\lartln, COOsdcn • 171hCircu i1.Ric.hard S. Man­ the status o( the bankruptcy c::ourt's ley, l)emopoli~ • ·1s 1hCirc uit. 0 11\'ct P. H1:ad, Colum­ jurisdiction over mortgaged Alabama bi;um • 19rhCin: uh ,John llollis.J:tek!;C14,,Jr•• Cl :u11011 • 201h Circul1. \Vade & .:<lt!l•,lk, 1h:1n• 21st Cin:u1t, real property? BrooxG . Garrell, 8n:wton • 22nd Circui1. Harold Al• brl1ton. Andalusia • 23rd C,rcuit, Gar)' C. Hudcaby. llun1s,•III" • 241h Circul1.I ..E. Gosa. Vernon• 25th Circuit, Nel,on Vinson, Hamihon • 26th Circui1, &wen H. Br.is114!11, Phc.nix Ci1y • 2ilh Circuil, Chol'lts R. Hart-,Jr-., t\lbcr1v1JII!• 28th Circui1,J. l)o" 1-·o~ner. Fol<:>' • 291h Circ.ul1, liu('I ~I. J.(lve. T:1llu.<k... ,R:l • :iOlh Circuit. BJ. l\1r l'herson, Ot1t'IJC\Ul• 31S l Circuit. Gorm.1n It Junes, Sherfield • 32nd Cir<=ui1, On the Cover John O:t\'id Knighl. Cullm.:in• 33rd Circuit. Edward \V Roswt>U,Gc. ne,·a • J.h h Cif(1Ji1, R~r fL Rtd(ord, Pictured in front of the newly re­ Sr .. Russd l\'ille • 35th Cirt ult. \Virwfd l C. Owtn!t,, Munroe\·illt • j6th Circuic, ll .1.. ~Tartin, Moulloo stored fountain in downtown Mont· • 37th Cin:u11.P hilhp E. Ada1ui,., Jr., Opclikil • 381.h gomery is Walter R. Byars. who be­ Circuit. John Jt. Proctor, Scoosboro • 391h C1rcuil, \Vdliam Bruct Sherrill, Athens came president of the Alabama State Bar in July. GENERALINF RMATION The Ablb1Uu111--tt W )'~r, Ih(l otfkui 1.111bhr~t10n11f d 1'°;\l11b.lm11 ~t;11c>fbr , i, puhhih«t i,lx tlfnd a )till' tn thr m(l1\II" 11(Jnnu llrr. Mlln'h, May.July, !io.111t•ml:,rr11r11S Nfl\t'1t1brt VJ ,""'" JinJ (( 1r< lt1~k'.1!\lll' XIIO'!i.Wdtn uttk-lc,, hcrnn IIY\' tll,,A>of 1ht• IIU• 1hor111. nlll ~ 1r1)) 1h11•• ul tlll' lkunJ ul IW.11,r11,plfit~'t'111c,r l~rd 0, C11n1mi,.~100t'.f'<>!il1hr AQb.ima ~l:IIC"Ha.r How to Succeed on "Cert" Sub'l(f 1po,un'S'.Alab,111111 S11111: Bar mmiben ~,.:- Th i'! Al11• b :um, L11wrer a'\> 1:urt 11/thr1r ;)nnwiJ dun. IJ'l)'nu:nt. Non• - pg.270 111cn1lk.-r 11u'*11 11t1un• nrt' SI$ a )'1•11r 1n 1h,• l ' nh,,:t Stntr,,,. c1thCr'\lo'l~SlO. and 1!11Jf!I br ~pi1hl Sn11tll• 1nllff,~1'1'$J. pl"' Compliancewith proceduralsteps is pc-.&11;,• imperativein obtaining reviewof deci· ;\ch-w1™''ll r1ue. \liiJItir<um illjht'd UIX"' ""'llll'lll t'\cht'ru, ,ntt f.'f!IW)'llftrtfu ll )' n:,wwtd, ltut 1auhl~ 1loi1htf'\"tn 1k~ nut llf' sions of courts of appeals. The scopeof ('N.·c11ril) 1m11I)• l'I\CJQl'kll'll.1u,.,, •n> unct uct 11rc<c'nll't" ollcrwl review by certiorari is described in •c..,,r,i1ith• 1~11l1 ·n~ All1ll1111Q~,.-1,• &, . Al l n1tl1t~ fl""l-n t'il ISS.°" 00CU.C:Dl1 Rule39(k) ARAP. 2~2 SrPltmb,r1984 1984 ISSUE IN BRIEF Corr ection In theJuly issue youmet our new bar commissioners; however. be­ cause of a typographicaloversight. we wouldlik etoreidentify AJ. Cole­ man or OtlcalUr.We had him listed as RJ. Coleman. Please excuse our mistake. Upcoming Octobc.r3 1- Novembe.r l , 1984 ForeignSa les CorporationSeminar Going for the Goal (ReplacesExporters DrSC) -pg.282 PoinLClear Meet Bob Cunningham, a Mobile lawyer who has competedm seventri · Jul y 25 -27, 1985 athlons since his first just one ytar AlabamaState Bar ago Annual Meeting Huntsville Annual Meeting Hi~ts Regular Feature s -pg.302 President'sPage ....... ....... 244 The consensus is that •~,yo,u en­ ExecutiveDirector's Report ... 245 joys Mobileconvenuons.Seehighlights Leuers 10 the Editor . 246 of the 1984Alabama State BarAnnual Ridmgth e Circuits .. .......•. 262 Meeting ... in pictures .. inside This BarBrief s .................... 269 photo of Mobile.which has beenused CLE Opponunities ............ 276 in connection with the convention this Young LawyersSection . 279 year, was taken by assistant general CLE News ......... .... ...... 281 counsel John A. Yung IV. Abou1Members, Among Firms ... ... ........ .... .... 28,1 Recent Decisions....... .. .... 286 LegislativeWrap-Up .......... 293 Blue Skies Smiling? Opinionsor the GeneralCounsel . .. 306 -pg.295 DisciplinaryReport ........... 309 Most practitioners probably have In Memoriam.... ... .......... 310 little familiarity with the Alabama Classifieds ...... .... .......... 312 Securities Act.Knowledge of this legis­ lation is important since the enact· ment has sweeping parameters. GJ>resideqt's GJ>age BYARS A Year of Challenge .. and of Opportunity n my first report to you as presi­ were forty-two commi ttees and task lawyers are the protectors of their sys ­ dent of the Alabama State Bar, J forces in place as a result of the ear ly tem of government o/laws . rather tha n I must acknowledge with humility appoimm enl by the then president­ /)y men, of the ir persona l and property that you have bestowed upon me your elect. For the coming year, there are right s an d of their freedoms. highest honor and my greatest honor fifty-one which were, again, in place by Much of the public's cynicism with by choosing me to serve as your presi­ the time of the Annual Meeting, ac­ lawyeri; arises out of its lack of under· dent. You also have presented me with tively puri;uing the Bar's programs for standi ng of our legal syste m and the an awesome responsib ility. and I sha ll the coming year. Th e enth usiasm of lawyer's role in that system.
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