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December 2006 Volume 12 Number 4

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GBJ Legal Departments 12 12 6 From the President Georgia’s Child 8 From the Executive Director Support Guidelines by Randall M. Kessler 10 From the YLD President and Lauren M. Kushkin 40 Bench & Bar 46 Office of the General GBJ Features Counsel 22 48 Lawyer Discipline 22 Membership Has Its 52 Law Practice Management Advantages: Bar Center 56 Casemaker Facilities At Your Service 58 South Georgia Office by Jennifer R. Mason 60 Section News 62 Professionalism Page 26 64 In Memoriam Dream Grant Decisions Meeting: Georgia Bar 66 Book Review Foundation Awards 68 CLE Calendar Almost $4.5 Million 74 Notices by Len Horton 79 Classified Resources and Rudolph Patterson 32 80 Advertisers Index 32 Public Health and the Law: How the Agency’s Office of the General Counsel Supports the Science of CDC 36 by Caren Henderson and Johanna B. Merrill

36 The Campbell County 56 Courthouses at Campbellton and Fairburn: The Grand Old Courthouses of Georgia by Wilber W. Caldwell “And Justice for All” 2006 State Bar Campaign for the Georgia Legal Services Program, Inc. (GLSP) Happy 35th Birthday Georgia Legal Services!

GLSP celebrates 35 years of providing critical legal

assistance to thousands of low-income families who

cannot afford a private attorney. Give to our State Bar’s

only campaign for justice for low-income Georgians.

Use the coupon below and mail your gift today!

YES, I would like to support the State Bar of Georgia Campaign for the Georgia Legal Services Program. I understand my tax-deductible gift will provide legal assistance to low-income Georgians. Please include me in the following giving circle: Benefactor’s Circle $2,500 or more Sustainer’s Circle $250-$499 President’s Circle $1,500-$2,499 Donor’s Circle $200-$249 Executive’s Circle $750-$1,499 or, I’d like to be billed on (date) ______ Leadership Circle $500-$749 for a pledge of $______Every Gift Counts! Pledge payments are due by December 31st. Pledges of $500 or more may be paid in installments with the final installment fulfilling the pledge to be paid by December 31st. Gifts of $250 or more will be included in the Honor Roll of Contributors in the Georgia Bar Journal. Donor Information Name ______Business Address______City/State/Zip ______Georgia Legal Services Program (GLSP) Please check one: Personal gift Firm gift GLSP is a non-profit law firm recognized as a 501(c) (3) by the IRS. Thank you for your generosity! Please mail your check to: State Bar of Georgia Campaign for Georgia Legal Services, P.O. Box 999, Atlanta, Georgia 30301 Editorial Board Quick Dial Marcus D. Liner Attorney Discipline (800) 334-6865 ext. 720 Editor-in-Chief (404) 527-8720 Robert Henry Beer J. Kevin Moore Consumer Assistance Program (404) 527-8759 Erika Clarke Birg Per Brage Normark Conference Room Reservations (404) 527-8712 Fee Arbitration (404) 527-8750 Donald P. Boyle Jr. E. Peyton Nunez CLE Transcripts (404) 527-8710 Clayton Owen Carmack Stephanie Ann Paulk Diversity Program (404) 527-8754 Charles Madden Cork III Cynthia B. Smith ETHICS Hotline (800) 682-9806 Lynda Carney Crum Mary E. Staley (404) 527-8741 Georgia Bar Foundation/IOLTA (404) 588-2240 Diane Lea DeShazo Robert R. Stubbs Georgia Bar Journal (404) 527-8736 Bridgette Eckerson Martin Enrique Valbuena Lawyer Assistance Program (800) 327-9631 John Michael Gross Kristin H. West Lawyers Foundation of Georgia (404) 659-6867 Law Practice Management (404) 527-8772 Jennifer Carpenter Kane Pamela Y. White-Colbert Membership Records (404) 527-8777 Ronald Arthur Lowry Meetings Information (404) 527-8790 Pro Bono Project (404) 527-8763 Executive Committee Liaison Professionalism (404) 225-5040 Sections (404) 527-8774 Damon E. Elmore Unauthorized Practice of Law (404) 526-8603 Young Lawyers Division (404) 527-8778 Advisor Rebecca Ann Hoelting Manuscript Submissions The Georgia Bar Journal welcomes the submission of Editors Emeritus unsolicited legal manuscripts on topics of interest to the Rebecca Ann Hoelting, 02-04 Charles R. Adams III, 89-91 State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should be 10 to 12 pages, Marisa Anne Pagnattaro, 01-02 L. Dale Owens, 87-89 double-spaced (including endnotes) and on letter-size D. Scott Murray, 00-01 Donna G. Barwick, 86-87 paper. Citations should conform to A UNIFORM SYSTEM OF CITATION (17th ed. 2000). Please address unsolicited William Wall Sapp, 99-00 James C. Gaulden Jr., 85-86 articles to: Marcus David Liner, State Bar of Georgia, Theodore H. Davis Jr., 97-99 Jerry B. Blackstock, 84-85 Communications Department, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. Authors will be notified of the L. Brett Lockwood, 95-97 Steven M. Collins, 82-84 Editorial Board’s decision regarding publication. Stephanie B. Manis, 93-95 Walter M. Grant, 79-82 The Georgia Bar Journal welcomes the submission of news about local and circuit bar association happenings, Bar William L. Bost Jr., 91-93 Stephen E. Raville, 77-79 members, law firms and topics of interest to attorneys in Georgia. Please send news releases and other information Officers of the State Bar of Georgia to: Sarah I. Coole, Director of Communications, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303; phone: Jay Cook President (404) 527-8736; [email protected]. Gerald M. Edenfield President-Elect Disabilities Robert D. Ingram Immediate Past President If you have a disability which requires printed Bryan M. Cavan Treasurer materials in alternate formats, please contact the ADA coordinator at (404) 527-8700 or (800) 334-6865. Jeffrey O. Bramlett Secretary Jonathan A. Pope YLD President Headquarters Elena Kaplan YLD President-Elect 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 Damon E. Elmore YLD Past President (800) 334-6865, (404) 527-8700, FAX (404) 527-8717 Visit us on the Internet at www.gabar.org. Communications Committee South Georgia Office 244 E. Second St. (31794) P.O. Box 1390 S. Lester Tate III Chairperson Tifton, GA 31793-1390 S. Kendall Butterworth Co-Vice Chairperson (800) 330-0446, (229) 387-0446, FAX (229) 382-7435 Nancy Jean Whaley Co-Vice Chairperson Publisher’s Statement The Georgia Bar Journal (ISSN-1085-1437) is published six Communications Staff times per year (February, April, June, August, October, Sarah I. Coole Director December) with a special issue in November by the State Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, Jennifer R. Mason Assistant Director Georgia 30303. ©State Bar of Georgia 2006. One copy of Johanna B. Merrill Section Liaison each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to non-members. Single copies: $6. Periodicals postage paid in Atlanta, Georgia and additional mailing offices. Opinions and conclusions expressed in articles herein are those of the authors and not necessarily those of the Editorial Board, Communications Committee, Officers or Board of Governors of the State Bar of Georgia. Advertising rate card will be furnished upon request. Publishing of an advertisement does not imply endorsement of any product or service offered. POSTMAS- TER: Send address changes to same address. From the President

by Jay Cook Photo by Hollis Ellison

Not Yet Time to Rest Upon Our Laurels

his election season, we saw the first positive campaigns of rage,” asserted Bert Brandenburg, executive director of Justice at Stake, on Slate.com last year. results of our communications campaign Justice at Stake is a nonpartisan campaign working to keep our courts fair and impartial. Brandenburg gave a defending the independent judiciary. Threats stirring talk to our Board of Governors this fall about the T organization’s efforts and the to judicial independence rip- importance of keeping up “The elections affirmed our values-based messaging. pled through ballot boxes The day before the elec- what we already knew: tion, Sandra Day O’Connor across America, but the voters expressed her fears about Georgians have traditional growing political attacks on spoke loud and clear: they told judges. “I’m increasingly values. They believe in the concerned about the current us they will listen if we talk to climate of challenge to judi- sanctity of the Constitution cial independence,” the for- them about American values; mer Supreme Court justice told state judges from around they told us they do not want and of independent and the country on Nov. 6 in California. “Unhappiness special-interest factions tam- impartial courts.” with judges today is at a very intense level. The executive pering with our courts; and they told us they do not and legislative branches have become the attackers, so the main defenders are going to have to be the people of want biased judges interpreting our laws. this country, with lawyers taking the lead.” Supreme Court of California Chief Justice Ronald But it’s not yet time to rest upon our laurels. George, who introduced O’Connor, warned that no “In Washington and far beyond the Beltway, this new state is immune from some of the trends undermining war on the courts is being waged through legislation judicial independence. and political intimidation, fueled by special-interest We saw plenty of evidence of this on Nov. 7:

6 Georgia Bar Journal Q In Kentucky’s Western district, Q Judges should be impartial and from the bench within the next two voters defeated a judicial chal- free from political interference. years. The measure’s defeat “is a lenger who misled the public by Q No one should be above the law huge credit to the broad coalition claiming his opponent had and the courts should make that that supported the judiciary and released rapists from prison. possible. opposed the term limits,” said Q In Nevada, voters unseated an Rebecca Kourlis, former Colorado incumbent justice after being These are bedrock values. They Supreme Court justice and now swayed by the negative propa- won’t be shaken by profit-hungry executive director of the Institute ganda broadcast by a front special interests or politicians who for the Advancement of the group called Nevadans Against can be bought. And they won’t be American Legal System. Judicial Activists. taken from us without a fight! Following the election, John Q In Georgia, special-interest In South Dakota, voters soundly Andrews, chairman of Limit the money produced “one of the defeated the “JAIL 4 Judges” initia- Judges and former Colorado most negative judicial cam- tive. Only 10 percent of voters Senate president, insisted this paigns in American history,” backed the measure that would won’t be his last effort to set term according to a national news have stripped judicial immunity limits for judges: “We are not report. and established an unaccountable going away.” fourth branch of government to Neither are we. In fact, our val- “While court campaigns have intimidate judges. The measure ues-based messages about fair and been getting increasingly strident called for a citizens’ grand jury that impartial courts, the Constitution, for the past several years, 2006 could authorize lawsuits and crim- the founding fathers and the rule of may set a new low for how these inal prosecutions against judges law will be broadcast in newspa- campaigns are being conducted,” based on their rulings. pers, on radio and television, at said James Sample, counsel at the But the proposal, which met civics groups, in the legislature, in Brennan Center for Justice at NYU. opposition from every side of the the jury room, across the Internet “Campaigns of this sort only fur- political spectrum in South Dakota, and in the public schools. And we ther erode public trust in may rear its ugly head again. hope others committed to protecting America’s courts.” Nevada was mentioned as the like- the Constitution’s promise of “justice But the political threats to our ly next target state on CNN. for all” will join their voices with courts don’t stop there. Proponents of JAIL are now ours in the coming months and Now, special interests in Georgia demanding a criminal investigation years. are discussing a Constitutional in South Dakota, claiming the state We can lick ‘em. But we have got Amendment for the 2008 ballot attorney general used his office and to fight the fight we can win! And that would return us to partisan influence to defeat the measure. that means lawyers, judges and the elections for judges! Why? Wasn’t In Colorado, voters defeated public standing together on the the nonpartisan election distasteful Amendment 40, which sought to bedrock of American values enough? The same special interests impose term limits on the state’s defending the sanctity of our are talking to our elected officials judiciary. An amendment to the courts and our Constitution. about adding two more seats to the Colorado Constitution, the initia- state Supreme Court. Why? Did tive sought to: Jay Cook is president of the State they figure out it’s easier to pick Bar of Georgia and can be reached biased justices than to try to get Q Reduce the term of Supreme at [email protected]. them elected? Our representatives Court justices from 10 years to are too smart to let that happen. four years; The elections affirmed what we Q Reduce the term of appellate A-AA-AA already knew: Georgians have tra- judges from eight years to four; ATTORNEY REFERRAL SERVICE ditional values. They believe in the Q Require appellate court judges sanctity of the Constitution and of who have already served 10 Is your phone ringing like it independent and impartial courts. years or more to leave their cur- used to? Last month we In a statewide opinion poll con- rent position in January 2009; referred over 17,000 callers to ducted last year by the State Bar of Q Require appellate court judges our attorneys. Are you ready to Georgia, nine out of 10 respon- who are eligible to serve another start getting referrals? dents strongly agreed with the fol- term to appear on the November Call us today! lowing statements: 2008 ballot for retention. (800) 733-55342 24-hhour paging: Q Everyone should have access to If the Amendment had passed, (888) 669-44345 equal justice under our court five of the state’s seven high court [email protected] system. justices would have been removed

December 2006 7 From the Executive Director

by Cliff Brashier

Journey Through Justice Instilling an Appreciation for the Rule of Law in our Youth

national poll by the American Bar Assoc- Since the late 1970s, the Bar has been involved in a variety of law-related activities including the Law- iation revealed that less than 60 percent of Related Education Consortium (LRE), the High School Mock Trial competitions and the Law Academy. Americans could correctly identify the three Recognizing a need to instill an appreciation of these A principles in students of all ages, we have recently branches of government and less than half understood added Journey Through Justice—a new school tour program based on law-related edu- the concepts of separation of cation principles. “Journey Through Justice, What exactly is LRE? The powers and checks and bal- term can be defined as educa- and all of our LRE activities tion for non-lawyers about the ances. Even more disconcerting law, legal processes and the are richer experiences for the legal system. Its intention is not was that 25 percent thought it to influence students to become students when our Bar lawyers, but to increase knowl- was the role of the Judicial edge of our laws and legal system; expand awareness and Branch to declare war. members participate (you’ll appreciation of the principles basic to our democratic society; U.S. Supreme Court Justice be surprised by how much and improve students’ under- Anthony M. Kennedy, during standing of government, the his keynote address at the Bar you get out of it as well).” judicial system and their rights Center dedication ceremony in and responsibilities as citizens. 2005, said “One of the greatest duties of any generation, The State Bar’s YLD has been instrumental in the LRE and particularly of its bar, is to transmit the idea of free- effort. It has actively supported LRE through several dom and the rule of law to the next generation.” He urged institutions of higher education including Georgia State bar leaders to use the Bar Center to invite young people to University, the University of Georgia and Georgia learn about the law. The State Bar has been doing just that. Southern University. In 1979, a YLD Committee worked

8 Georgia Bar Journal with the Carl Vinson Institute of dents’ knowledge of mock trial pro- curriculum satisfies many of the Government at the University of cedures and the rules of evidence. mandated civics requirements, it is Georgia on a textbook for high While these programs have been an attractive field trip option for school students. YLD members tremendously successful, we will teachers. It also provides teachers served as subject matter experts to make a huge leap forward in with the opportunity to bring their write and edit the chapters of An enhancing the public’s apprecia- students into a dynamic environ- Introduction to Law in Georgia, and tion of the rule of law with this ment to participate in a unique learn- have made significant contributions year’s launch of Journey Through ing experience, while still satisfying to several revisions since the original Justice at the Bar Center. With this their curriculum requirements. Each printing. This textbook has been program, lawyer docents lead teacher who has brought a class here used in Georgia schools since 1985. groups of students through four has wanted to immediately book The YLD also partners with the law-focused exhibits and interac- another visit for other students. Law-Related Education Consortium tive exercises (see sidebar page 24). Journey Through Justice, and all in the Vinson Institute on the annu- The field trips have been extremely of our LRE activities are richer al “Teaching About Law in well received by both teachers and experiences for the students when Georgia” workshops targeting sec- students. I believe, of all of our our Bar members participate ondary and middle school teachers. educational efforts, this one has the (you’ll be surprised by how much Since 1988, the YLD, in partner- greatest potential to reach the most you get out of it as well). Right ship with the Georgia Bar students. More than 500 students now, we are in need of attorney Foundation, the Council of State have already taken the tour in the coaches for the High School Mock Court Judges and others, has sup- testing phase alone. Trial competitions and docents to ported the Georgia High School The success of the program can lead the tours. We, and no doubt Mock Trial Competition. Geared largely be attributed to the dedica- Justice Kennedy, appreciate your toward high school students, the tion of Marlene Melvin, the program help in making the law come alive mock trial competitions provide coordinator. A retired social studies for our youth. participants with the opportunity teacher, Marlene has been a staunch For more information about vol- to learn the ins and outs of the legal supporter of LRE since 1968, when unteering with the Mock Trial system by preparing and trying fic- she taught the first high school law teams please contact Stacy Rieke at titious cases in a courtroom setting. course in Georgia. In 1995, Marlene 404-527-8779 and to volunteer as a During the competitions, the stu- coached Georgia’s National Champ- docent, please contact Marlene dents play the roles of attorneys ion Mock Trial Team. With assis- Melvin at 770-267-3309. and witnesses based on the evi- tance from focus groups of civics As always, your thoughts and dence and witness statements. teachers, she is responsible for the suggestions are welcome. My tele- Coached by volunteer attorneys development of Journey Through phone numbers are 800-334-6865 and teachers, the students get the Justice and its associated materials, (toll free), 404-527-8755 (direct opportunity to expand their speak- including dozens of grade-appropri- dial), 404-527-8717 (fax) and 770- ing, writing, reading and analytical ate lesson plans and mock trial 988-8080 (home). skills, while learning about the scripts. We are fortunate to have judicial system. To date, more than such a knowledgeable educator Cliff Brashier is the executive 1,200 teams from Georgia’s public leading us in this endeavor. director of the State Bar of and private schools have partici- The launch of this program is Georgia and can be reached at pated in the competitions. particularly timely. It dovetails [email protected]. Complementing the Mock Trial perfectly with the new curriculum program, the Law Academy is a for K-12 developed by the Georgia three-day program offering inten- Department of Education that will sive instruction on trial procedure go into effect this year. Called the for mock trial team leaders. Held at Georgia Performance Standards, the University of Georgia each fall, this curriculum emphasizes the fol- the Academy is intended to prepare lowing: team leaders for the upcoming mock trial competitions. This year Q Critical thinking skills 40 high school students from across Q Problem solving abilities Georgia benefited from the instruc- Q Oratory skills tion of volunteer litigators who Q Ability to connect across serve as the faculty. The Law disciplines Academy wraps up with the administration of the “Student Bar This is what LRE already does. Examination,” which tests the stu- Because Journey Through Justice’s

December 2006 9 From the YLD President

by Jonathan A. Pope YLD Working Diligently

ne of the primary duties of the president- lead to the deaths of 1,836 people, almost 1,600 of which were Louisiana residents. With 125 mph winds and elect of the Young Lawyers Division is to eight-10 inches of rain, Hurricane Katrina caused a failure of New Orleans’ levee system, resulting in the select the locations of and plan the meet- flooding of more than 80 percent of the city and its O neighboring parishes. The economic devastation of ings for the YLD for the following Bar year. It’s not as Hurricane Katrina continues to impact the city. As with Sept. 11 and other disasters, ordinary easy as it sounds. A trip to the beach or maybe the American citizens responded to help those impacted by Hurricane Katrina. Among those answering the call mountains? The possibilities are endless. for help were lawyers from all across Georgia, including many members of the YLD. Efforts of YLD mem- I pondered these deci- bers across the state sions at great length dur- included seeking out dona- ing the late summer “In addition to our efforts tions of necessary items to months of 2005. Then local shelters, hosting din- Hurricane Katrina hit the assisting victims of Hurricane ners to feed evacuees, pro- Gulf Coast, spreading its viding legal services to destruction and devasta- Katrina, I assure all members of evacuees and the numer- tion from the Bahamas all ous nonprofit organiza- the way to Louisiana. After the State Bar that many of the tions providing relief and the dust began to settle and providing continuing legal the full impact of the hurri- 27 YLD committees are working education to Georgia attor- cane became more evident, neys on how to best assist it was an easy decision to diligently on numerous projects those in need. hold the Spring 2007 YLD Although more than a meeting in New Orleans, year has passed since April 26-29. aimed at providing service to the Hurricane Katrina, the We have all heard the physical and economic stories and viewed the public and the Bar.” effects still persist. The YLD footage of the horrific dev- is continuing its efforts to astation caused by the hurricane. Hurricane Katrina assist in the rebuilding of New Orleans and its econo- was the costliest and one of the deadliest hurricanes in my by working on several projects to be held in con- the history of the United States. The hurricane was junction with our Spring Meeting. The YLD will cele- responsible for more than $80 billion in damage and brate Fat Tuesday with a Mari Gras Casino Night on

10 Georgia Bar Journal Feb. 20, at Paris on Ponce’s Le tion. High school mock trial teams Moulin Rouge in Atlanta. The across Georgia have received the SOUTH event is open to all members of the 2007 civil case materials that will Bar and will feature good food and form the basis of the 19th mock GEORGIA ADR drink, casino action and a silent trial season in Georgia. Teams will auction. All proceeds from this work for more than 10 weeks SERVICE, LLC fundraiser will be donated to preparing the case for trial and Tipitina’s Foundation, a nonprofit regional competitions will be held organization rebuilding public in 16 cities around the state at the MEDIATION and school music programs in the New end of February, culminating with ARBITRATION of personal Orleans area. In 2005, Tipitina’s the state finals competition in injury, wrongful death, Foundation raised more than Lawrenceville, Ga., March 10-11. commercial, real estate and $500,000 for the purchase of new Some teams still need coaches and other complex litigation instruments for music students. I the committee always needs judg- certainly hope you will support the ing panel volunteers for both the cases. Visit our website for YLD in its efforts to help New regional and state levels of compe- fee schedules and Orleans by attending this wonder- tition. I urge you to give just a few biographies of our panel, ful event. If you are interested in hours out of one day to volunteer comprised of experienced sponsorship opportunities or con- for this wonderful event. To vol- Middle and South Georgia tributing items for the silent auc- unteer, please contact Stacy Rieke trial lawyers. tion, please contact Deidra at [email protected] or contact Sanderson at [email protected]. To the Mock Trial Office directly at learn more about Tipitina’s 404-527-8779. CHARLES R. ADAMS, III – Fort Valley Foundation visit www.tipitinas- As always, if you have ideas for THOMAS C. ALEXANDER – Macon foundation.org. new programs, suggestions as to MANLEY F. BROWN – Macon In coordination with the State how we can improve YLD services, JERRY A. BUCHANAN – Columbus Bar of Louisiana’s YLD, our YLD or if I can help you in any way, JOHN D. CAREY – Macon members will roll up their sleeves please do not hesitate to contact WADE H. COLEMAN – Valdosta for a service project during the me. I hope to see all of you in JOHN A. DRAUGHON, SR. – Macon Spring Meeting. Our efforts will Savannah at the Midyear Meeting, JAMES L. ELLIOTT – Valdosta culminate with the presentation of at the Mardi Gras Casino Night BENJAMIN M. GARLAND – Macon funds raised by the YLD to and at the YLD Spring Meeting in ROBERT R. GUNN, II – Macon Tipitina’s Foundation at the annual New Orleans! JANE M. JORDAN – Macon “Instruments A’ Comin’” event on JEROME L. KAPLAN – Macon April 30. Jonathan A. Pope is the president STANLEY M. KARSMAN – Savannah In addition to our efforts assist- of the Young Lawyers Division of BERT KING – Gray ing victims of Hurricane Katrina, I the State Bar of Georgia and can HUBERT C. LOVEIN, JR. – Macon assure all members of the State Bar be reached at [email protected]. MICHAEL S. MEYER VON BREMEN – Albany that many of the 27 YLD commit- S. E. (TREY) MOODY, III – Perry tees are working diligently on PHILIP R. TAYLOR – St. Simons Island numerous projects aimed at pro- RONALD C. THOMASON – Macon viding service to the public and PH: 800.274.2663 CRAIG A. WEBSTER – Tifton the Bar. I wish I could mention 404.418.5174 Fax: 800.587.4726 F. BRADFORD WILSON, JR. – Macon each and every one of them indi- [email protected] vidually but unfortunately I am www.JURISCO.com limited by space. However, I All court bonds are the same. ROBERT R. GUNN, II, would be remiss if I did not update The service makes the difference. MANAGING PARTNER you on the Georgia High School PROBATE and ALL OTHER STATE Rachel D. McDaniel, Mock Trial Competition, a pro- and FEDERAL COURT BONDS Scheduling Coordinator gram organized by one of the old- Inexperienced agents cost you est and most successful YLD com- time and money. 240 THIRD STREET mittees, the YLD High School Try Jurisco and experience the MACON, GEORGIA 31201 difference the only lawyer-trained Mock Trial Committee. The com- staff can make. (800) 863-99873 or mittee, lead by HSMT Coordinator Use our 20 years of court surety (478) 746-44524 Stacy Rieke and Committee Co- expertise to your advantage. FAX (478) 745-22026 Chairs Tania Trumble and Sally All Forms and Applications at: www.southgeorgiaADR.com Evans, has worked tirelessly to www.JURISCO.com prepare for this year’s competi-

December 2006 11 A Look at the Law

Georgia’s Child Support Guidelines Effective January 1, 2007 by Randall M. Kessler and Lauren M. Kushkin

n the 2006 legislative session, the Georgia General gants alike are faced with a new system that requires complicated mathematical formulas to determine the Assembly passed Senate Bill 382, which dramati- exact amount of child support to be paid. Thus, either manual or electronic worksheets are now necessary to cally revised the entire structure of how child determine a child support obligation.2 I The goal of the legislature in revamping the child support is determined in the State of Georgia. The new support guidelines was not only to improve the guidelines that were originally in place, but also to achieve statute, codified at O.C.G.A. § 19-6-15, will go into effect the public policy of providing children whose parents are no longer married with the same economic stan- on Jan. 1, 2007. Child support will now be based on an dard of living as children with married parents of similar financial means.3 Despite the various changes, it is “income shares” model, which takes into account the important to recognize that the General Assembly intended the new guidelines to be “guidelines only.” In gross incomes of both parents,1 as opposed to the pre- fact, the statute specifically states this while also emphasizing that any court applying the guidelines vious child support guidelines (in place for almost 20 shall not abrogate its responsibility in making a child support determination based on the facts and evidence years) where the amount of child support was deter- presented at hearing or trial.4 It remains to be seen whether the new system will effectively achieve the mined based solely upon a percentage of the non-custo- goal of improving the process for determining child support in Georgia. This article will explore the new dial parent’s gross income. calculation system and will highlight some of the significant changes under the new law. By using an income shares model, Georgia is now in line with 36 other states that use this model as a basis Calculations for their child support guidelines. With the implemen- The new process for calculating child support tation of the new law, practitioners, judges and liti- involves nine separate steps. The first step is to deter-

12 Georgia Bar Journal mine the monthly Gross Income then he or she will receive a credit eliminated the “special circum- (terms capitalized in this article are for that expense. Step number eight stances” provision and have defined in the statute) of each paris determining the Presumptive replaced it with specific deviations, ent.5 Next, each parent’s Gross Child Support Amount by assign- which are enumerated in a non- Income should be adjusted to ing or deducting such credit, as exhaustive list. The section of the arrive at the Adjusted Income of appropriate, to or from the non- statute titled “Grounds for such parent.6 Adjustments must be custodial parent’s Adjusted Child Deviation” under the new guide- made for any of the following: one- Support Obligation.14 The lines provides a detailed guide to half of self-employment taxes;7 Presumptive Child Support practitioners and judges as to how pre-existing child support orders;8 Amount is the child support obli- and when the deviations should be and any theoretical child support gation owed, unless certain devia- applied.16 Specifically, in making a orders for qualified children.9 Once tion factors apply. The final step is determination for a deviation from the adjustments, if any, are made, applying the deviation factors. The the Presumptive Amount of Child the third step is to combine the Final Child Support Order is the Support, the statute provides that Adjusted Incomes of each parent to Presumptive Amount of Child primary consideration is to be compute the Combined Adjusted Support as increased or decreased given to the best interest of the Income.10 The Combined Adjusted by the deviations. child for whom the support order is Income is the key amount that is used to determine the Basic Child Support Obligation, which is the fourth step. The Basic Child Support Obligation is the amount presumed under the statute to be the appropriate amount of child support provided by both parents prior to the consideration of any other factors.11 A Child Support Obligation Table—codified in the new regulations at O.C.G.A. § 19-6- 15(o)—is used as a reference for determining the Basic Child Support Obligation corresponding to the number of children in a family and the Combined Adjusted Income of the parents. The table outlines monthly child support for up to six children in monthly incre- ments for Combined Adjusted Incomes between $800 and $30,000 per month. After the Basic Child Support Obligation is determined, calculating each parent’s pro rata share of such obligation is the fifth step.12 Next, the additional expenses for the cost of health insurance and work-related child care costs are Deviations and being determined.17 Furthermore, calculated for each parent in accor- How Applied when ordering a deviation in a dance with his or her pro rata share child support award, the judge, of child support. The seventh step The previous child support after considering all of the available is to combine those amounts with guidelines had a provision that income of both parents, must make each parent’s pro rata share of the allowed for a variation of the child written findings that the amount of Basic Child Support Obligation, support obligation if the trier of fact child support awarded is reason- which creates the Adjusted Child determined that certain “special ably necessary to provide for the Support Obligation.13 However, if circumstances” made the Pre- needs of the child. However, under either parent is already paying, or sumptive Amount of Child Support the new guidelines, a deviation will will be paying the health insurance either excessive or inadequate.15 not be entered if the reduction in and work-related child care costs, The new guidelines, however, have child support will “seriously

December 2006 13 impair” the ability of the custodial ation, the court or jury is to deter- special expenses for child rearing parent to provide and maintain mine if that person would be finan- include summer camp, music or art what is considered to be by the cially able to pay a child support lessons, travel, school sponsored court or a jury minimally adequate order, while at the same time main- extracurricular activities, and housing, food, clothing and other tain a minimum standard of living. “other activities intended to basic necessities.18 The minimum standard of living is enhance the athletic, social or cul- Certain factors that the legislature determined by calculating a self- tural development of the child.”26 determined to be relevant enough to support reserve, which essentially As each family’s circumstances are codify as specific deviations include, deducts $900 from the non-custodial unique, any deviation for extraordi- but are not limited to, the following: parent’s adjusted income.22 If the nary expenses is to be considered either high- or low- income of the resulting amount is lower than his on a case-by-case basis. The reason- parents; additional health-related or her pro rata share of the ing is to ensure that this deviation is insurance; life insurance; child and Presumptive Amount of Child reserved for individual families dependent care tax credit; travel Support, then the trier of fact can who are actually incurring the expenses; alimony; mortgage; per- deviate to this amount. However, additional expenses.27 manency plan or foster care plan; the minimum amount for a child extraordinary expenses; nonspecific support order is $75 per month, or Additional Changes deviations; and parenting time.19 $900 per year.23 When deviating in the New Statute The new statute considers parents to downwards for a low-income par- be high-income parents if they have ent, the court or the jury must con- Gross Income a Combined Adjusted Income that sider how it will financially impact In addition to completely exceeds $30,000 per month. When the custodial parent’s household. restructuring how child support is setting child support for high- The statute further states under this calculated, the new guidelines also income parents, the court is required section that under no circumstances provide many significant changes to set the Basic Child Support should the child support awarded that will affect practitioners and lit- Obligation at the highest amount set impair a custodial parent’s ability to igants alike. A major question that forth on the child support obligation maintain adequate food, housing, practitioners will need to address table. Then the trier of fact (whether clothing and basic necessities for the under the new law is what is to be a judge or jury) can consider an minor child.24 considered “Gross Income” for upward deviation in the monthly Although the obligation table child support purposes. The new child support obligation to create an includes average child-rearing statute provides that income from award that is not only appropriate, expenses for families, the statute any source (before any tax or other but also consistent with the best allows for a deviation in child sup- deductions are applied) whether interests of the child.20 port for extraordinary expenses of earned or unearned shall be includ- The new guidelines also provide the child. The extraordinary ed as Gross Income.28 Unlike the for deviations in the Presumptive expenses can include extraordinary old law, which stated that Gross Child Support Amount for low- educational expenses associated Income included “100 percent of income parents. A low-income par- with special needs education or pri- wage and salary income and other ent is defined under the statute as a vate schooling, special expenses compensation for personal servic- parent whose monthly gross income incurred for child rearing, and es, interest, dividends, net rental is at or below $1,850.21 If the non- extraordinary medical expenses income, self-employment income, custodial parent is the low-income that are not covered by insurance.25 and all other incomes, except need- parent and he or she requests a devi- The statute specifically notes that based public assistance,”29 the new statute is much more detailed and specifically lists 21 items that must The be included as Gross Income for child support purposes. Included winning edge in the list are overtime, bonuses, NLRG commissions and tips, disability or National Legal Research Group retirement benefits and assets that CHARLOTTESVILLE, VIRGINIA for Georgia are used for the support of a fami- Put us to work helping you win today. ly.30 In addition, fringe benefits are 1-800-727-6574 or [email protected] attorneys to be considered income if the ben- Fast, Affordable, Specialized efits significantly reduce the par- since Research, Writing and Analysis ent’s personal living expenses.31 For more information, and to see what your Although both the old guidelines 1969 peers are saying about us: www.nlrg.com and the new statute exclude needs- based income as Gross Income for

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LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Applied Discovery is a registered trademark of Applied Discovery, Inc. Other products or services may be trademarks or registered trademarks of their respective companies. © 2006 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. AL9242 child support, the new statute from the date of filing the petition his or her child. Most importantly, expands the exclusions so that for modification.34 In other words, the court must determine whether now, any child support received an arrearage which accrues from the parent’s choices actually bene- for other children, as well as a non- the date of filing for unpaid child fit the child. The provision in the parent custodian’s income are not support in this situation may be statute addressing this issue is included in the definition of gross “forgiven” if the loss of income is broad, however, and reaches far income.32 found to be involuntary. However, beyond a parent’s occupational it is important to note that the decision that may be motivated Loss of Income statute specifically provides that a solely by an intent to avoid pay- The new guidelines address and termination of employment will not ment of child support. Rather, the codify a variety of situations that be considered involuntary if the law provides that a parent can be often arise in child support cases. parent has left his or her most voluntarily underemployed or For example, the new guidelines recent employer of his or her own unemployed based on “any inten- have provisions that specifically volition without good cause.35 tional choice or act that affects a address what happens when a par- Parent’s income.”36 In making a ent suffers an involuntary loss of Unemployed or determination of voluntary unem- income. When a parent is unable to Underemployed ployment or underemployment afford his or her child support obli- To the contrary, the new guide- the court is to examine whether a gation due to an involuntarily ter- lines afford protection to a parent parent is capable of applying his or mination from employment that when the other parent becomes her education, skills or training results in a loss of income of at least voluntarily unemployed or under- with reasonable effort to produce 25 percent, the guidelines afford employed. In those situations the an income. The statute then pro- that parent some protection.33 In court is required to determine the vides a non-exhaustive list of fac- particular, once a parent files a peti- reasons for the parent’s occupa- tors that the court is to consider. tion for modification of his or her tional choices. In doing so, it must Some of the factors to be consid- support obligation, the portion of assess the reasonableness of the ered include the parent’s employ- unpaid child support attributable parent’s decisions in light of the ment history, education and train- to the lost income shall not accrue parent’s responsibility to support ing, health and ability to work out-

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The Ben F. Johnson Jr. Public Service Award is presented annually by Georgia State University’s College of Law to a Georgia attorney whose overall accomplishments reflect the high tradition of selfless public service that our founding dean, Ben F. Johnson Jr., exemplified during his career and life.

The list of past recipients is very distinguished indeed, including Linda DiSantis for 2006. Who will be the next outstanding lawyer to join the ranks? Nominate a deserving attorney by Wednesday, January 17, 2007. The award will be presented at The Commerce Club April 12, 2007.

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Visit http://law.gsu.edu for a list of past award recipients.

16 Georgia Bar Journal side the home, and, the parent’s no other reliable evidence of that Modifications role as a caretaker of the child. The party’s income.38 If income is Much discussion was had in the statute further adds as factors for imputed under this provision, it legislature and in committee meet- consideration whether the parent will be based upon a 40 hour work ings about the required threshold was a full-time caretaker immedi- week at minimum wage. In the for filing a modification action. In ately prior to the separation of par- event that the other party believes fact, early versions of the new legis- ents, as well as the length of time that the “imputed income” should lation suggested that the mere that the parent was out of the be higher, the party contesting the enactment of the law would consti- workforce to care for the child.37 amount has 90 days to file a tute a change of circumstances to motion for reconsideration where- allow a parent to file an action to Imputing Income in a hearing will be held on the modify child support. The final, to a Parent matter.39 Additionally, in a case passed version of Senate Bill 382, Another major change created for modification of an existing however, did not include such lan- under the new guidelines relates to child support order, if a party guage, and the mere enactment of imputing income to a parent. refuses to produce reliable evi- the law will not give a parent the Under the prior statute, imputing dence of income and the court has right to modify his or her child sup- income to a party due to a sup- no other reliable evidence of that port obligation. Similar to the old pression of income was listed as parent’s income or income poten- law, a first time modification under one of the special circumstances tial, the court may enter an order the new law requires that a parent for modifying a child support to increase the child support obli- show a “substantial change in either order. However, the new statute gation of the parent failing to pro- Parent’s income and financial status provides the trier of fact, when duce the evidence. The increase or the needs of the Child.”41 This determining a party’s income for may be by an increment of at least showing must be made regardless an initial child support order, with 10 percent per year of that parent’s of the length of time since the date the authority to impute income to pro rata share of the Basic Child of the establishment of the initial a parent if he or she fails to pro- Support Obligation for each year child support award. For a second vide any reliable evidence of since the order was last entered or or additional modification, under income, and the court or jury has modified.40 the new law a parent must wait for

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December 2006 17 a period of two years from the date A completely new concept under care costs and costs of health insur- of the final order on a case he or she the new law applies to situations ance premiums are automatically previously filed for modification where a parent does not have an deducted and accounted for in the before he or she may file another actual pre-existing child support child support calculations. The petition for modification of the order, but still provides support for statute specifically defines work- same child support.42 This two year another child living in the parent’s related child care costs as costs that waiting period, however, can be home. In this situation, the new are necessary for a parent’s employ- waived under certain circum- guidelines allow for the parent to ment, education or training and are stances. Specifically, such a waiver receive a credit in his or her child appropriate to the parent’s financial is permitted if the non-custodial support obligation for the support of abilities and to the lifestyle of the parent fails to exercise visitation, the other child. The statute refers to child if the parents and child were exercises a greater amount of visita- this type of support as a “theoretical living together.51 However, the tion than was set forth in the order, child support order,”48 and it only value of services for a parent who or if the modification is based on an applies to a child who is considered stays at home to provide child care, involuntary loss of income.43 The to be a “Qualified Child.” A as well as the value of child care to new statute also provides for a Qualified Child is a child that lives a parent who is provided such care phase-in of the new child support with the parent and for whom the free of charge, will not be consid- order if there is a difference of at parent is legally responsible. A ered as adjustments to the Basic least 15 percent between the new stepchild or another minor in the Child Support Obligation.52 For child support award and an award home that the parent does not have health insurance premiums, only entered prior to Jan. 1, 2007. The a legal obligation to provide for will the portion of the premium actually phase-in is limited to a period of one not be considered a “Qualified attributable to the child shall be year when the difference between Child” under the statute.49 The theo- considered. Furthermore, any the two orders is at least 15 percent retical child support order is a dis- employer-paid costs will not be but less than 30 percent. If the dif- cretionary adjustment that may be included.53 Once the total amount ference between the two orders considered when calculating a par- of child care costs and health insur- yields a 30 percent or greater ent’s child support obligation. In ance premiums are calculated, they change, then the phase-in period order to have a theoretical child sup- are added as adjustments to the may last for up to two years.44 port order considered, the parent Basic Child Support Obligation as must submit documentary evidence additional expenses and then are Credit for Other Children of the parent-child relationship to divided between the parents in pro- Another difference under the the court. Adjustments to a parent’s portion to their respective child new law is that a parent who has income may be considered in situa- support obligation.54 an existing child support order for tions where the failure to consider another child will receive a credit the support for the other child Miscellaneous Changes or adjustment to his or her Gross would cause substantial hardship to Senate Bill 382 included some Income for purposes of calculating the parent. However, any adjust- additional noteworthy changes that his or her child support obligation ment to a parent’s income must be may significantly affect the practice for the child at issue. Under the based on the best interests of the of domestic relations law when deal- previous guidelines it was consid- child for whom the child support ing with child support issues. With ered to be a special circumstance,45 order is being awarded.50 If the respect to the interest rate on unpaid which allowed for a discretionary court determines that an adjustment child support, the new law reduced reduction of child support. is warranted, then the Basic Child the interest rate on unpaid child However, now it is considered to Support Obligation for the other support from 12 percent to seven be a mandatory adjustment. The child living with the parent shall be percent. Interest now starts accruing statute specifically provides that a determined based upon that par- 30 days from the date that the pay- parent’s monthly Gross Income ent’s monthly Gross Income. ment is due.55 Furthermore, courts shall be adjusted for a current, pre- Seventy-five percent of the Basic now have the discretion to either existing child support order, so Child Support Obligation for the assess or waive the past interest due. long as the order has been in place other child will be subtracted from In making such determination, the for a minimum of 12 consecutive such parent’s monthly Gross Income court is required to consider months immediately prior to the for the child support order at issue. whether good cause existed for the hearing.46 The maximum credit non-payment of support, whether that a parent is entitled to receive Deductions for Child Care the payment of interest would result for a pre-existing order is an aver- and Health Insurance in a substantial hardship for either age of the total amount of current Another major point to highlight parent, and whether paying interest child support actually paid over in the new child support guidelines would prevent the parent’s current the previous 12 months.47 is the fact that work-related child ability to pay child support.56

18 Georgia Bar Journal Another change under the new guidelines is the role of a jury in making a child support determination. Under the old law, the jury could make all economic decisions pertaining to child support. With the implementation of Senate Bill 382, juries, when requested by either party, now only determine the Gross Incomes of each parent and whether a deviation factor applies.57 The jury is required to return a special interrogatory determining each party’s Gross Income. Then, from the jury’s verdict, the court determines the Presumptive Child Support Amount, as well as the identity of which parent will be deemed the custodial versus non-custodial parent. At that point the jury will determine whether any deviations apply. For each deviation, if any are found, the jury is required to return a special interrogatory.58 Foreseeable Problems/ Issues with the New Law

Although it is still too early to tell what problems will arise and how the new law will actually affect individuals with their child support awards, litigation can be anticipated as a result of a few loopholes in the drafting of the statute. For example, when dealing with a modification, the new law requires that a parent must show a substantial change in circumstances in order to have a modification of a child support order. However, the

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December 2006 19 statute does not define what is to be will automatically consider many gia.gov/portal/site/DHR-OCSE considered a “substantial change.” variables, which in the past were (the office of Child Support Presumably, previous case law will perhaps considered in a more dis- Services Constituent Portal) or provide guidance as this standard cretionary manner. http://www.georgiacourts.org/ch is very close to the previous stan- ildsupp.html (Child Support dard. Additionally, the parenting Randall M. Kessler is Commission Website). time deviation allows people to use the founder of Kessler, 3. O.C.G.A. § 19-6-15(C)(1) (2007). the amount of parenting time to Schwarz & Solomiany, 4. Id. § 19-6-15(d). reduce their child support obliga- P.C., a domestic rela- 5. Id. § 19-6-15(b)(1). tion, but there is no automatic cal- tions law firm in 6. A Theoretical Child Support Order culation or offset for a certain num- is a hypothetical child support Atlanta, Ga. Kessler is ber of days spent by the non-custo- order for qualified children, which the National Chairperson for the dial parent with the child. Some allows for the Court to determine other areas of potential dispute Family Courts Committee of the an amount of child support as if a involve the deviations for alimony Family Law Section of the child support order existed. and mortgage. The law provides American Bar Association, serves Id. § 19-6-15(a)(22). This aspect of that paying alimony can be a reason on the executive board of the the new law will be explored in for a deviation in a child support Family Law Sections of the greater detail under the Subsection obligation, thus requiring a deter- American Bar Association and the of this Article entitled “Credit for mination of alimony prior to mak- State Bar of Georgia and is the Other Children.” ing a child support determination. former chair of the Family Law 7. One-half of a parent’s self- Plus, a parent can also receive a Section of the Atlanta Bar employment and Medicare taxes deviation in child support if the Association. He also serves as edi- is calculated by reducing the par- non-custodial parent is paying the ent’s monthly gross income 6.2 tor of the Family Law Review for mortgage or has provided a home percent for OASDI (federal old the Family Law Section of the at no cost to the custodial parent age, survivors, and disability where the child resides.59 Yet this State Bar of Georgia. insurance), and 1.45 percent for can result in complications if the Medicare. custodial parent is awarded the Lauren M. Kushkin is 8. A Pre-Existing Order is defined as equity in the marital residence in an associate attorney “[a]n order in another case that the property division. These are just at Kessler, Schwarz & requires a Parent to make child a few of the potential problems Solomiany, P.C. She support payments for another under the new law. has practiced Family Child, which child support the Parent is actually paying.” Law since 1998. Before Conclusion O.C.G.A. § 19-6-15(a)(18)(A). joining Kessler, Schwarz & From a practitioner’s standpoint, 9. Id. § 19-6-15(b)(2). calculating child support is much Solomiany, P.C., she served as a 10. Id. § 19-6-15(b)(3). more complicated and time con- law clerk for Domestic Relations 11. Id. § 19-6-15(a)(3). suming than it has been under the Judge Katherine S. Lias in 12. The pro rata share is determined previous guidelines. The detailed Columbus, Ohio. (More informa- by dividing the Combined law will force practitioners to study tion about the authors is available Adjusted Income into each parent’s and learn the nuances to ensure at www.kssfamilylaw.com.) adjusted income. The resulting that each client is receiving the best numbers are each parent’s pro rate representation possible, as the new Endnotes percentage of the basic child sup- law involves much more than sim- 1. Other factors are considered, port obligation. Id. § 19-6-15(b)(5). ply plugging numbers into a com- which will be explored more in- 13. Id. § 19-6-15(b)(6). puter program. While the process depth below. 14. Id. § 19-6-15(b)(7). Some commen- of calculating child support under 2. The Office of Child Support tators break this step into two the new guidelines may sound Services offers three different ver- steps—the eighth being the calcu- complicated, the best advice is to sions of the worksheets: (1) for lation of the credit and the ninth go to the internet calculators and pro-se litigants; (2) for practition- being the assignment or deduction practice.60 After we all become ers; and (3) for courts/administra- of the credit—to create a 10-step familiar with the new process, tive agencies. The Office of Child process for determining the child hopefully the new law will achieve Support Services makes each of support amount. its goal of improving how child these worksheets, as well as an 15. Id. § 19-6-15(c) (2006). support is determined in the State excel spread sheet program, avail- 16. Id. § 19-6-15(i) (2007). of Georgia and ensuring that the able for download from the 17. Id. § 19-6-15(i)(1)(A). ultimate award of child support Internet at http://ocse.dhr.geor 18. Id. § 19-6-15(i)(1)(C)

20 Georgia Bar Journal 19. Id. § 19-6-15(b)(8)(A)-(K); see also id. § 19-6-15(i)(2)(A)-(K). 20. Id. § 19-6-15(i)(2)(A). 21. Id. § 19-6-15(i)(2)(B). 22. Id. § 19-6-15(i)(2)(B)(i). 23. Id. § 19-6-15(i)(2)(B)(ii). 24. Id. § 19-6-15(i)(2)(B)(i). Unlock 25. Id. § 19-6-15(i)(2)(J)(i), (ii), (iii). 26. Id. § 19-6-15(i)(2)(J)(ii) your 27. Id. § 19-6-15(i)(2)(J). 28. Id. § 19-6-15(f)(1)(A). 29. Id. § 19-6-15(b)(2) (2006). 30. Id. § 19-6-15(f)(1)(A)(i)-(xxi) (2007). 31. Id. § 19-6-15(f)(1)(C). 32. Id. §§ 19-6-15(f)(2)(A), (C) Potential 33. The new guidelines protect par- Sign up for the Women & Minorities in the ents who not only suffer an involuntary termination of employ- Profession Committee’s Speaker Clearinghouse ment, but also experience an extended involuntary loss of average weekly hours, are involved in an organized strike, incur a loss of health, or have other, similar, involuntary adversity that results in a loss of income of at least 25 percent. See id. § 19-6-15(j)(1). 34. Id. 35. Id. 36. Id. § 19-6-15(f)(4)(D). 37. Id. § 19-6-15(f)(4)(D)(i)-(vi). 38. Id. § 19-6-15(f)(4)(A). 39. Id. § 19-6-15(f)(4)(C). 40. Id. § 19-6-15(f)(4)(B). 41. Id. § 19-6-15(k)(1). 42. Id. § 19-6-15(k)(2). 43. Id. § 19-6-15(k)(2)(A)-(C). About the Clearinghouse 44. Id. § 19-6-15(k)(3)(A)-(B). 45. Special circumstances under the old The Women and Minorities in the Profession child support statute are discussed Committee is committed to promoting equal above under the Section entitled “Deviations and How Applied.” participation of minorities and women in the 46. O.C.G.A. § 19-6-15(f)(5)(B). legal profession. The Speaker Clearinghouse is 47. Id. § 19-6-15(f)(5)(B)(iii). designed specifically for, and contains detailed 48. Id. § 19-6-15(a)(22); see also supra note 6. information about, minority and women 49. O.C.G.A. § 19-6-15(a)(20). lawyers who would like to be considered as facul- 50. Id. § 19-6-15(f)(5)(C). 51. Id. §§ 19-6-15(h)(1)(A), (h)(2)(A)(i). ty members in continuing legal education programs 52. Id. § 19-6-15(h)(1)(C)-(D). and provided with other speaking opportunities. For 53. Id. § 19-6-15(h)(2)(A)(i). more information and to sign up, visit www.gabar.org. 54. Id. §§ 19-6-15(h)(1)(E)-(F), (h)(2)(A)(ii)-(iii). To search the Speaker Clearinghouse, which provides 55. Id. § 7-4-12. contact information and information on the legal experi- 56. Id. § 7-4-12.1. 57. Id. § 19-6-15(C)(4). ence of minority and women lawyers participating in the 58. Id. program, visit www.gabar.org. 59. Id. § 19-6-15(i)(2)(H). 60. See supra note 2.

December 2006 21 GBJ Feature Membership Has Its Advantages Bar Center Facilities At Your Service by Jennifer R. Mason

tlanta attorney Lake office does not lend itself to the screens in the auditorium and the conveniences and facilities of a wireless access that is available Rumsey has found his larger firm,” he said. “The Bar throughout the floor. Center makes available the addi- The Bar Center was created to perfect use for the Bar tional resources I need to provide serve as a professional gathering A my clients with a positive experi- place for all members of the Bar, Center. He comes down to the cen- ence, and the facility is top notch.” and everyone is invited to take Judge Bonnie Oliver, a member advantage of its diverse offerings. trally located facility at least twice a of the Commission on Judicial Members in good standing may Services and frequent user of the reserve any of the rooms free of month to take depositions. From facility, echoed Rumsey’s senti- charge (food, soft drinks and coffee ments. She stated, “This is the are extra) on a first-come, first- the adjacent parking deck (a free nicest facility in the city. The staff is served basis during business hours wonderful and you can’t get a for law-related meetings. They can service provided to all Bar mem- room of this caliber anywhere in be used for client meetings, deposi- Atlanta.” tions, mediations and other profes- bers), to the professional meeting Since its dedication on Jan. 15, sional uses. Members may park 2005, the Bar Center has been busy free of charge in the parking deck room he reserves in advance, and hosting events ranging from large adjacent to the building for Bar ICLE seminars to committee meet- functions, meetings downtown and all points in between, he is treated ings from other legal organizations after hours for special events when to depositions and mediations for the deck is open. to an experience that he highly rec- small firm and solo practitioners. The space, technological capa- ICLE alone hosted 101 events in bilities and amenities of the Bar ommends to his fellow members. 2005-06 and has 130 planned for Center were created with the 2006-07. Steve Harper, director of needs of Bar members in mind. Rumsey, a solo practitioner, programs for ICLE, said, “The The two large auditoriums can appreciates the Bar Center because available technology is state of the accommodate up to 421 people, not only is it a seven-minute walk art, and it has been designed to depending on the configuration. from his office, but it is more than maximize the experience,” refer- Each room has ceiling-mount that. “As a solo practitioner, my ring in part to the four drop-down LCD projectors, screens and state- Photos by Thomas Watkins Photography Photos by Thomas Watkins December 2006 23 Journey Through Justice Takes Off Play a part in educating students about your profession by Caren Henderson On Oct. 31, 30 lawyers gathered at the Bar Center to attend a docent training session for the Bar’s new School Tour Program, Journey Through Justice. Designed to teach school children of all ages about the importance of the court system, the role of judges and lawyers, the role of public juries and the value of the rule of law, Journey Through Justice has been in a testing phase since the spring. Using lawyer docents to guide students through the tour marks the official start of this new initiative. Journey Through Justice begins with a historical perspective as students are led through an authentic 19th Century replica of President Woodrow Wilson’s law office, which was located in downtown Atlanta in 1882. Next, students visit the Museum of Law, which houses a variety of interactive exhibits including: The Bill of Rights; Cruel & Unusual? A Guide to Death Penalty Cases; Checks & Balances: The Role of the American Judiciary; Freedom’s Call: The March for Civil Rights; and Famous Trials of Georgia and America. Bar Center facilities are available for a variety of After touring the museum, they move into a small theater to view functions including meetings, conferences and Reel Justice, a 12-minute compilation of 70 Hollywood films, new and other law-related events. old, depicting a variety of law-related courtroom scenes and cases. of-the-art technology options, Following the museum, the students move onto the Woodrow Wilson including video and phone con- School of Law where they take part in a law lesson—homicide and ferencing and Internet broadcasts torts are just some of the topics covered. As with any law school, the in addition to standard presentation capabilities. students are required to take a “bar exam.” The tour ends with a visit Lawyers are invited to reserve to the Bar’s Mock Courtroom where students participate in age-appro- the Mock Courtroom for witness priate cases, playing the role of lawyers, witnesses and jury members. and trial preparation. It provides seating for 42 spectators, 12 jurors, “Having lawyers interacting and sharing their experiences with the three judges and one court reporter students is a critical component of Journey Through Justice,” said in addition to the plaintiff and Marlene Melvin, the programs’ curriculum and activities coordinator. defendant tables complete with video and audio connections for “It brings a personal element and provides context for the informa- laptops. tion the students are learning during the tour.” Melvin, a retired The six meeting rooms can seat social studies educator, also developed dozens of lesson plans and six to 40 and have slightly different technological options depending mock trial scripts specifically calibrated for elementary, middle and on the function and meeting needs. high school students. Two conference rooms are also To date, the Bar has welcomed more than 500 students during the available. Each is outfitted with a projector and screens, video/audio testing phase. Participation from lawyer docents is critical for Journey connections for computers, and a Through Justice to be successful. Tours take approximately four conference table with integrated hours and lawyer docents are asked to guide two tours per year. For phone systems for conference calls. In addition to the meeting space, more information about becoming a lawyer docent, or about the there is a Lawyer’s Lounge that program in general, please contact Marlene Melvin at 770-267- provides a retreat from a busy day 3309. of CLE seminars, depositions or committee meetings. Check your e-

24 Georgia Bar Journal A Lawyer’s Lounge provides a retreat from a busy day of CLE seminars, depositions or committee meetings. Check your e-mail or just sit back and relax. mail or just sit back and relax. Six also call the Bar Center at 404-419- desks are furnished with laptop 0155 for more information and to connectivity for those who have to reserve a room. To reserve a room at work remotely. A computer is also the South Georgia facility in Tifton available in the lounge for those call 800-330-0446, ext. 775, or 229-387- who do not have a laptop, but must 0446. check e-mail (or the latest scores). The possibilities for usage are Jennifer R. Mason is numerous and are available to the assistant director members by request. If you need of communications for to be in Atlanta and require meet- the State Bar of ing space, consider the Bar Georgia and is a Center. Reserving a room (or two) contributing writer to couldn’t be easier, and the bene- the Georgia Bar Journal. She can fits are priceless. Additionally, the Bar’s South Georgia Office in be reached at [email protected]. Tifton is designed to give South Georgia lawyers greater access to Bar facilities. That office can be Save used for CLE seminars, ADR training, local bar meetings and Valuable depositions. Any lawyer or law- related group may use the facility Research for Bar-related purposes. Bar Center operating policies and Time reservation forms for the Bar Center are available at www.gabar.org/con- ference_center/conference_center_re servations_and_policies/. You may

December 2006 25 GBJ Feature

Dream Grant Decisions Meeting Georgia Bar Foundation Awards Almost $4.5 Million

by Len Horton and Rudolph Patterson

ince the beginning of the Georgia Bar nates statewide pro bono efforts to represent people who cannot receive assistance from GLSP or ALAS and Foundation, we have dreamed about the per- who also lack resources to purchase legal representation in civil legal matters. Monahan also supports sev- fect meeting. Imagine what our annual grant eral committees of the State Bar including the Access S To Justice Committee. decisions meeting would be like if we had the funds to This grants meeting was the first time the board felt it could provide full funding for the Detention Project support fully all worthy applicants. At our grant deci- of Catholic Social Services. Under the management of Susan Colussy, this program assists immigrants in sions meeting of Sept. 22, that dream came true. confinement in Georgia. Its award of $84,600 will also support mentoring lawyers who are new to immigra- In prior years the funds available typically limited tion law. grant awards to less than half of what was requested. The Georgia Law Center for the Homeless endured Consequently, the meetings were challenging. Few a year of major change, losing both its executive direc- trustees left those meetings happy because so many tor and its legal director. During this transition period compromises had to be made. This year smiling faces leaving the meeting were everywhere. A total of $4,491,100 was awarded to 44 different applicants. Both the funds awarded and the number of applicants were records. This achievement was made possible because the IOLTA partnership of Georgia lawyers and Georgia bankers produced the best year in the history of the Georgia Bar Foundation. According to the Georgia Bar Foundation’s recently revised charter, one of the purposes of the Foundation is to support efforts to provide civil legal assistance to those who cannot afford legal representation. Georgia Legal Services Program (GLSP) and the Atlanta Legal Aid Society (ALAS) together received $2.4 million, which is the largest amount ever received from IOLTA funds in Georgia. These two awards are vitally important to both organizations because they are used to pay part of operating costs, namely salaries. Many other foundations deny grantees the right to use grant awards for operating costs. GLSP and the State Bar of Georgia’s Pro Bono Project received $100,000, its largest grant ever. Under the leadership of Mike Monahan, this organization coordi-

26 Georgia Bar Journal for the center, the Georgia Bar President of the Georgia Bar Foundation Foundation was impressed by the way the Law Center worked to Macon lawyer Rudolph Patterson reorganize itself. Consequently, was unanimously re-elected presi- the Georgia Bar Foundation was dent of the Georgia Bar Foundation able to supply a record $64,800 to at the annual grant decisions meet- help meet basic operating needs. The Georgia Center for Law in ing Sept. 22 in Atlanta. Past presi- the Public Interest (GCLPI) dent of the State Bar of Georgia, received $50,000 to continue its Patterson presided over the single efforts to assist low-income resi- most successful year in the history dents resist the illegal locating of of the Foundation. landfills in their communities. “I am pleased to be thought Without GCLPI, environmental justice would be much closer to worthy of serving as president of being mere words. Justine this distinguished organization for Thompson has been and continues an additional year,” Patterson said. to be a formidable advocate for “I will redouble our efforts to increase our revenues in support of these disadvantaged people. legal organizations helping people with limited resources. I will also The Law and Public Service try to expand our support to many law-related organizations in Program of Mercer University received $45,000 to assist its pro Georgia which may not know about the Georgia Bar Foundation bono and public service program, and the assistance we can provide.” which encourages Mercer law stu- Funding for Georgia Legal Services Program and the Atlanta Legal dents to volunteer with GLSP and Aid Society jumped from $1.7 million in fiscal year 2005-06 to $2.4 pro bono programs. Its efforts will million for fiscal year 2006-07. That is an increase of $700,000, be concentrated in Bibb and which represents a 41 percent growth in one year. “I am pleased we Houston counties. Made famous by the extraordi- could expand our support for legal services to those who cannot nary efforts and impressive results afford legal representation,” said Patterson. “This is our primary of Steve Bright, and now led by purpose, and I thank the lawyers and bankers of this state for help- Lisa Kung, the Southern Center for ing to increase our contribution to Steve Gottlieb and Phyllis Human Rights received $40,000 for Holmen so significantly.” (Gottlieb is the executive director for general operating expenses, the ALAS, and Holmen is the executive director for GLSP.) most ever awarded to them by the Georgia Bar Foundation. The Bar The Georgia Bar Foundation also expanded its ability to support Foundation has been supporting other law-related organizations throughout the state. At the latest this grantee annually since 1997. grant decisions meeting, 44 different organizations received a total A total of $133,000 was awarded of $4,491,100. This included a grant of $100,000 for the Truancy to seven different organizations Intervention Project, $64,800 for the Georgia Law Center for the that work to reduce domestic vio- Homeless and $60,000 for Disability Law and Policy Center of lence by obtaining temporary pro- tective orders and offering other, Georgia. Rudolph Patterson is a partner in the law firm of mostly legal, assistance. From Westmoreland, Patterson, Moseley & Hinson, which has offices in Halcyon Home in Thomasville Macon and Albany. He was the president of the State Bar of Georgia north to the Columbus House for in fiscal year 1999-2000. Battered Women and then to the The Georgia Bar Foundation is the charity named by the Supreme Exchange Club Family Resource Court of Georgia to receive Interest On Lawyer Trust Accounts Center in Rome to Statesboro’s Safe Haven and Albany’s Liberty (IOLTA). By the end of this fiscal year, total cumulative IOLTA rev- House and to McDonough’s Flint enues since the program began in 1983 will surpass $75 million in Circuit Council on Family Violence Georgia. These funds are used primarily to assist in the provision of to the Northeast Council on Family legal services to people who cannot afford to pay for representation Violence near Toccoa and finally to in legal matters both civil and criminal. In addition to GLSP and Savannah’s Safe House, the ALAS, other notable organizations supported include Safe House in Georgia Bar Foundation did a lot to support efforts to protect mothers Savannah, the Young Lawyers Division’s High School Mock Trial and their children. With sadness, Program, the State YMCA’s Youth Judicial Program, the Georgia Innocence Project, the Athens Justice Project and many more. December 2006 27 the Georgia Bar Foundation notes agony of the courts. We will never Foundation decided to recognize the passing of Safe House leader forget reaching then Superior and support the coordinated effort. Gail Reece-Wheeler. Under her Court Judge Beth Glazebrook on Another court dealing with a leadership Safe House has become Bar Foundation business in her related problem is the recipient of a a major force to help abused chambers at 7 a.m. on the tele- $20,400 grant award. The Hall women in the Savannah area. phone and hearing her in tears. County Family Treatment Court Programs to help children in She explained that within two deals with drug-addicted parents various ways received significant hours she had to decide who got facing the loss of custody of a child. support during this meeting. The custody of a little boy, and she The award is to be used to provide Georgia Bar Foundation awarded a knew this would devastate one of legal representation and counsel- total of $450,100 to an impressive the parents. She said this was the ing to parents eligible for the group of organizations focused on toughest decision of her life. Family Treatment Court. children. Apart from wanting the world to The Golden Isles Children Keeping a child in school typi- know how much a judge really Center in Brunswick received cally is keeping that child out of cares, we are pleased to report $15,000 to fund a part-time child trouble. Enter Terry Walsh’s that guardian ad litem programs forensic interviewer to interact Truancy Intervention Project have received significant support with child abuse victims. The (TIP). Begun in Fulton County, from the Georgia Bar Foundation. Children’s Tree House in On behalf of Georgians reaching for help, we thank the Supreme Court of Georgia, Georgia’s lawyers participating in IOLTA, Georgia’s bankers who provide IOLTA accounts and our grantee organizations.

TIP, at the suggestion of the This year Atlanta Volunteer Columbus received $30,000 to Georgia Bar Foundation, is focus- Lawyers Foundation’s guardian assist with its operating expenses ing on taking its proven program ad litem project received the full in dealing with child abuse. First to keep children in school to com- $40,000 requested. It recruits and time applicant Boys and Girls Club munities throughout the state. It educates volunteers to represent of Dodge County in Eastman received $100,000 from the the interests of children in disput- received $28,600 to support activi- Georgia Bar Foundation and one ed custody cases and to provide ties of youth ages six to 18 to teach of those programs, begun with the information of value to judges like responsibility, health, fitness and assistance of TIP, the Columbus Beth Glazebrook who make the self-esteem. Truancy Intervention Project, “toughest decisions” of their lives Three other child-related grant received $48,000. every day. awards include some of the most Macon’s Adopt-A-Role-Model Does a judge have alternatives to popular, well-known grantees in program and Savannah’s Ash Tree deal with a juvenile who is addicted the Georgia Bar Foundation’s his- Organization both reach out to to drugs and who may be able to be tory. The YLD High School Mock children at risk and find unique salvaged? Non-violent juveniles Trial program is probably the most ways to encourage them to choose with drug addiction problems are popular program ever funded by a better path. In the case of Ash the focus of the Muscogee County the Bar Foundation. It received Tree, Executive Director Morris Juvenile Drug Court. To assist these $70,000, part of which is to begin Brown combines his expertise in children more than punish them, a preparation for the National Mock golf with a program of activities for $35,600 grant award is helping bring Trial Competition to be held in problem children referred by juve- together the best efforts of Judge Atlanta in May 2009. nile court. The result is children Warner Kennon and a host of local The State YMCA received less likely to stay in trouble or get agencies in Columbus including the $15,000 to continue support of the in trouble. Adopt-A-Role Model District Attorney’s office through Youth Judicial Program. By letting pairs mentor volunteers with at- Assistant District Attorney Stacey children take over the legislature risk children to accomplish the Jackson, Public Defender Andrew for one day and learn about mak- same thing. Both organizations Dodgen, the Department of Juvenile ing laws, this program educates received full funding. Justice, the Muscogee County students about the work of appel- What happens when divorcing School District and local substance late courts and how our judicial parents cannot agree on who gets abuse treatment providers. They system works. They write briefs, custody of the children? The have touched all the bases, and the give oral arguments and oftentimes agony of the parents becomes the Board of Trustees of the Georgia Bar decide to become lawyers.

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Clients of SunTrust Investment Services, Inc., SunTrust Banks, Inc. and their affiliates should consult with their legal and tax advisor prior to entering into any financial transaction. Equal Housing Lender. SunTrust Bank. Member FDIC. ©2006, SunTrust Banks, Inc. SunTrust and “Seeing beyond money” are registered service marks of SunTrust Banks, Inc. 2006-2007 Remember when civics was about the legal system and the role Grant Awards taught in our public schools? As a of judges and lawyers in that sys- result, students used to know a tem. The program was awarded Georgia Bar Foundation good deal about how our govern- $125,000 to develop and disseminate Adopt-A-Role Model Program ...... $75,000 ment works. For the last several two 30-second TV spots and three years the LRE Consortium of the 30-second radio spots. Ash Tree Organization, Inc...... $35,000 Carl Vinson Institute at the Assisting Georgia’s Latino com- Athens Justice Project...... $58,000 University of Georgia has been the munity has already been discussed Atlanta Legal Aid Society ...... $672,000 major force to educate students regarding the provision of civil Atlanta Volunteer Lawyers Foundation...... $40,000 about our government. The consor- legal services. A $20,000 grant BASICS Program of State Bar of Ga...... $150,000 tium has expanded its efforts to award was made to the Georgia reach the growing Latino commu- Commission on Interpreters to Boys & Girls Club of Dodge County ...... $28,600 nity by developing the Latino Law educate the judiciary on the proper Caminar Latino ...... $20,000 Education Project. The Georgia Bar use of court interpreters and to Catholic Social Services, Detention Project ...... $84,600 Foundation provided $95,000 to offer low-cost training to help Cherokee County Sheriff’s Foundation ...... $11,700 support this important effort based interpreters improve their skills on the belief that an informed citi- within the legal system. Many of Children’s Tree House...... $30,000 zenry is required for our democra- the people who will benefit from Citizens Against Violence, Inc./Safe Haven ....$10,000 cy to survive and thrive. this are Latinos in Georgia. Civil Pro Bono Family Law Project ...... $55,000 A few grantees do things so dis- Caminar Latino received Columbus Alliance for Battered Women ...... $20,000 tinctive that they are difficult to $20,000 to support a domestic vio- Columbus Truancy Intervention Project...... $48,000 categorize. The Disability Law and lence prevention program for Policy Center of Georgia received Latino families. This organization Disability Law and Policy Center of Ga...... $60,000 $60,000 to expand the Access has been fighting domestic vio- Exchange Club Family Resource Ctr. of Rome ..$22,500 Project by which public facilities lence in Georgia’s Latino families Flint Circuit Council on Family Violence ...... $20,700 are made accessible for the dis- for 17 years. Ga. App. Practice & Ed. Resource Center ...... $300,400 abled as required by Federal law. The Cherokee County Sheriff’s Ga. Center for Law in the Public Interest ...... $50,000 The Georgia First Amendment Foundation in Canton was award- Foundation was awarded $21,000 ed $11,700 to educate Latino Adult Ga. Commission on Interpreters...... $20,000 to advance the cause of open meet- Detention Center residents about Ga. First Amendment Foundation, Inc...... $21,000 ings. Executive Director Hollie U.S. law and civil rights. It also Ga. Innocence Project...... $29,800 Manheimer is constantly in pays for books and CDs and for Ga. Justice Project ...... $25,000 demand as an expert on the First several visits by a Latino advocate. Amendment. Since its inception, Is there any mistake worse than Ga. Law Center for the Homeless...... $64,800 this organization has received finding someone guilty of a crime Ga. Legal Services Program ...... $1,728,000 $94,000 from the Georgia Bar he or she did not commit? Ga. LRE Consortium, Inst. of Govt., U. Ga...... $95,000 Foundation. Particularly a serious crime. Where Golden Isles Children’s Center ...... $15,000 The Athens-based Recording for DNA evidence is available, the Halcyon Home for Battered Women, Inc...... $10,000 the Blind and Dyslexic (RBD) Georgia Innocence Project has received $15,000 to record 10 law become a safety net for those Hall County Family Treatment Court ...... $20,400 books for the visually disabled. wrongly convicted and confined Law & Public Service Program, Mercer Univ. ..$45,000 Under the able guidance of Lenora within our criminal justice system. Liberty House of Albany ...... $12,000 Martin, this grantee is providing a By virtue of its $29,800 grant award Muscogee County Juvenile Drug Court ...... $35,600 service unique in Georgia. Thanks to this program, the Georgia Bar NE Ga. Council on Domestic Violence...... $31,000 to RBD, some students will receive Foundation has become both part the assistance they need to become of that safety net for those wrongly Pro Bono Project of SBG and GLSP ...... $100,000 lawyers. accused and part of the system of Recording for the Blind & Dyslexic Ga. Unit ....$15,000 A total of $22,000 was awarded to justice, decreasing the likelihood of Savannah Family Emer. Shelter (S.A.F.E) ...... $30,000 the YLD Juvenile Law Committee to a permanent, dreadful mistake that Southern Center for Human Rights ...... $40,000 provide additional support to its can shatter a life. The grant will be effort to rewrite the Georgia juve- used to pay part of the program’s State Bar of Ga. Communications Dept...... $125,000 nile code. The Bar Foundation has operating expenses. State YMCA of Ga., Inc...... $15,000 provided $62,000 in total for this Georgia does not provide coun- The Extension, Inc...... $30,000 effort since its inception. sel in state post-conviction pro- Truancy Intervention Project Georgia ...... $100,000 State Bar President Jay Cook is ceedings. What was stated above YLD High School Mock Trial ...... $70,000 leading the Foundations of Freedom about mistaken criminal conviction program to educate the public applies even more so where the YLD Juvenile Law Committee...... $22,000 regarding common misconceptions penalty is death. In 1988 the State total $4,491,100 30 Georgia Bar Journal Bar, with encouragement from lives are being adversely affected lawyers is effective because it sup- state and federal courts established by addiction problems. ports the work of some fine organ- the Georgia Appellate Practice and The Civil Pro Bono Family Law izations devoted to solving some of Educational Resource Center to Project, which is managed by our state’s most pressing law-relat- ensure that every death-sentenced Beverly Iseghohi, represents incar- ed problems. It is a concept created inmate in Georgia is adequately cerated mothers regarding child by the Supreme Court of Georgia represented in state and federal custody, visitation and parental in recognition of the roles of attor- post-conviction proceedings. In rights. It received $55,000 to create neys, bankers and grantees in addition to the financial support a website, hire one attorney and assisting those Georgians who this 501(c)(3) grantee receives from one paralegal. need a helping hand to deal with the Georgia Judicial Council, it One of the best known pro- law-related problems. requested and received $300,400 grams supported by the Georgia On behalf of Georgians reach- from the Georgia Bar Foundation. Bar Foundation is BASICS, which ing for help, we thank the Through this grant, the Georgia is effectively and affectionately Supreme Court of Georgia, Bar Foundation proudly accepts a managed by Ed Menifee. It teach- Georgia’s lawyers participating in significant role in supporting our es about-to-be-released inmates IOLTA, Georgia’s bankers who judicial system in cases where jus- what they need to know to survive provide IOLTA accounts and our tice is a life and death matter. outside prison without returning grantee organizations. Working One of the most innovative pro- to crime. Developed using as a team under the coordination grams to assist people mired in Menifee’s expertise, which he and encouragement of the officers criminal behavior is the Georgia developed by teaching children and Board of Trustees of the Justice Project (GJP). The brain- how to be successful in the free Georgia Bar Foundation, these child of the creative genius of John enterprise system, BASICS has four groups are attacking the law- Pickens and expanded upon in become a proven way to rehabili- related problems of Georgia with many impressive ways by Doug tate ex-cons. Boasting a recidivism growing success. Ammar, the GJP takes pride in rate of 16 percent versus rates rewriting lives written off by socie- greater than 30 percent for those Len Horton is the ty. Criminal legal assistance, released from prison without executive director of friendship, education, job instruc- BASICS training, this proven pro- the Georgia Bar tion, moral focus, punishment, gram has become a favorite of the Foundation. He even love—all these items, as need- State Bar leadership and informed can be reached at ed, are used to salvage people leaders inside the Department of [email protected]. without hope. Whatever it takes, Corrections. The grant award was Doug Ammar and his staff and $150,000. board are up to the task. A long- IOLTA is a testament to the Rudolph Patterson is term contributor to this program, power of four groups. It begins the president of the the Georgia Bar Foundation with the attorneys and the fact that Georgia Bar Foundation. awarded it $25,000 to accelerate its the work they do generates inter- He can be reached at volunteer recruiting program. est. It thrives based on the work rn.patterson@wpm Since 1992 the Bar Foundation has bankers do to process the accounts legal.com. provided $266,000 in grant awards and pay interest on the balances. to this organization. That joint power of bankers and When the Georgia Bar Foundation asked Doug Ammar to consider exporting GJP to other places in Georgia, he visited Athens. Relying on the consider- able expertise from the University of Georgia and the entire Athens community, the Athens Justice Project was created. Led by Amy Gellins for several years and more recently by Debbie Gowen, the Athens Justice Project received $58,000 to support its operations. The Extension, based in Cobb County, received $30,000 for its program to rescue adults whose

December 2006 31 GBJ Feature

Public Health and the Law How the Agency’s Office of the General Counsel Supports the Science of CDC by Caren Henderson and Johanna B. Merrill

ARS. Monkeypox. Avian Flu. HIV/AIDS. ties; and provides legal advice concerning litigation in which the agency may be involved. “I think people Bioterrorism. These threats may bring to would be surprised by the myriad legal issues that arise at CDC,” Foster continued. mind the scientists and public health profes- Since 2001, CDC has faced a new “disease or disaster S of the year,” each of which has presented its own unique sionals at the Centers for Disease Control and legal challenges. “In 2001, it was anthrax and the legal issues associated with cleanup and re-occupancy of Prevention (CDC) who are tasked with the responsibil- affected buildings and the use of investigational drugs in an emergency. The next year, our attention turned to ity of protecting the American public from these poten- smallpox preparedness, and, among multitudes of other legal matters, we analyzed the legal and practical impli- tially deadly threats. What is not so commonly known cations of legislation designed to provide liability pro- tections for vaccine manufacturers and other individu- is that CDC has a team of attorneys from the U.S. als involved in the administration of the vaccine,” said Foster. “In 2003, a widespread outbreak of monkeypox Department of Health and Human Services (HHS) occurred in the United States for the first time as a result of infected Gambian rats and other rodents imported assigned to advise CDC on the legal aspects related to from Africa for the commercial pet trade. We assisted CDC’s efforts to ban the importation of the rodents, as responding to such diseases and disasters. well as the interstate sale and distribution of prairie dogs, a species particularly adept at contracting the dis- Within the 19-attorney Office of the General Counsel ease and potentially transmitting it to humans. As flu that is assigned to the CDC’s numerous Centers are season drew near in 2004, it became apparent that the four attorneys—Joe Foster, Heather Horton, Jim United States would experience an influenza vaccine Misrahi and Leslie Page-Taylor—who comprise the shortage so we began looking at creative solutions for Infectious Diseases, Terrorism Preparedness, and the purchase and distribution of available vaccine to Emergency Response Team. “Because we structure our minimize the impact of the shortage. Finally, because of offices so that we provide advice on a Center-by- the numerous pressing legal questions that arose during Center basis, as opposed to specialty, we each have the the Department’s responses to Hurricanes Katrina and opportunity to experience a diverse range of legal Rita, most of the office’s 19 lawyers staffed the CDC issues,” said Foster, senior attorney and team leader. Director’s Emergency Operations Center on a rotational Among their many duties, the team reviews pro- basis from 7 a.m. to 11 p.m., seven days a week.” Foster posed legislation that may impact CDC’s activities; added, “Dealing with the annual barrage of public assists in drafting regulations; reviews patent licenses health challenges has made us much more prepared and other technology transfer agreements; analyzes the than we could have even considered in 2001.” legal implications of particular studies CDC is consid- “This isn’t a good place to work if you’re a ering; applies federal statutes to proposed CDC activi- hypochondriac,” joked Senior Attorney Jim Misrahi.

32 Georgia Bar Journal Misrahi, who advises the Division Attorney Leslie Page-Taylor, who on,” Page-Taylor said. “We had of Global Migration and advises CDC’s National Center for hoped that a kangaroo preserve Quarantine, was heavily involved HIV, STD and TB Prevention (NCH- CDC had identified would be able with CDC’s response efforts to the STP), this was a particularly com- to take them, but because federal 2003 Severe Acute Respiratory plex issue because of potential state property can’t be given or sold to Syndrome (SARS) outbreak. To law implications. “It was important for-profit companies, the wallabies prevent the introduction, transmis- that the CDC recommendations not are still being housed by CDC. It’s a sion, or spread of communicable appear to be requiring that states case of ‘What do you do?’ You find diseases into the United States or change their laws in order to abide the answer for your client.” from one state into another, CDC by the CDC recommendations,” “We make sure that for anything implements federal quarantine reg- Page-Taylor said. She added that CDC employees work on, they have ulations that authorize seizing and CDC often only makes recommen- the legal authority to move for- destroying infectious articles or iso- dations, not rules, as it is traditional- ward,” said Senior Attorney lating infected people. “In 2003, ly a non-regulatory agency. Heather Horton, who in addition to published scientific research Page-Taylor is currently working her law degree has a master’s in showed that civets (a cousin to the on a very unusual matter involving health administration from Tulane raccoon) could potentially infect a group of 16 wallabies, eight of University in New Orleans. Horton humans with SARS, so we assisted which that were brought to CDC for co-lead an interdepartmental team CDC in banning its importation a monkeypox study (the other eight of lawyers that addressed the legal into the country.” Misrahi also worked to obtain an executive order from President George W. Bush, which is necessary to add a new communicable disease, such as SARS, to a federal list of diseases for which an individual may be quarantined. He added that CDC and the U.S. Department of Agriculture often issue comple- mentary orders, as they did in the case of birds and bird products from countries where highly-path- ogenic avian influenza has been found in poultry. These days, Misrahi’s attention is focused on pandemic influenza planning, reviewing quarantine guidelines, pandemic flu manuals and check- lists to identify potential legal issues. CDC uses these materials to help the public and business sectors prepare in the event of an outbreak.

In addition to assisting with reac- Photos by James Gathany/Centers for Disease Control and Prevention tive crisis situations, the team also Within the 19-attorney Office of the General Counsel that is assigned to the CDC’s numerous helps CDC with initiatives that are Centers are four attorneys—Jim Misrahi, Heather Horton, Leslie Page-Taylor and Joe Foster— preventative in nature. Recently who comprise the Infectious Diseases, Terrorism Preparedness, and Emergency Response Team. CDC advised health care providers to include HIV screening as a rou- are the offspring of the original issues—including liability and tine part of a patient’s annual care. eight, which reproduced while at informed consent—surrounding the CDC’s research showed that a high CDC). Though the wallabies are Home Medkit Evaluation Study. percentage of Americans are healthy, as they were never infected The study, which is currently ongo- unaware of their HIV status and that with monkeypox and were used ing in St. Louis, Mo., will evaluate widespread HIV testing would solely for observational purposes, the feasibility of placing a short-term ensure that more people learned CDC is having difficulty placing supply of FDA-approved antibi- their status, allowing them to benefit them in an appropriate home envi- otics—called Medkits—in U.S. from earlier access to treatment and ronment now that the study has households to be reserved for emer- reducing the risk of infecting their ended. “It’s something you never gency use in the specific public partners. According to Senior imagined that you’d be working health emergency conditions result-

December 2006 33 A Conversation with CDC Senior Attorney Jim Misrahi

James J. Misrahi is an attorney with the U.S. Department of Health & Human Services, Office of the General Counsel, CDC/ATSDR Branch. He is primarily responsible for advising CDC’s Coordinating Office for Terrorism Preparedness and Emergency Response and its Division of Global Migration and Quarantine in the Coordinating Center for Infectious Diseases. Before joining CDC, he worked as a staff attorney with the 2nd and 11th Circuits of the U.S. Court of Appeals and as an assistant corporation counsel for the New York

Photo by James Gathany Q&A City Law Department.

Q: I understand you participate in something called have in certain instances; how CDC would coordi- tabletop exercises. How would you generally nate with some of the other attorneys; how CDC describe a tabletop exercise? would interact with the U.S. attorney and so forth. A: A tabletop exercise is really a scripted paper exercise based on a public health scenario—say an act of Q: What exactly do you mean by the term quarantine? bioterrorism or a natural disaster. Basically it is script- A: Quarantine generally refers to the separation of ed to a certain degree where they give you limited people who have been exposed to a communicable facts and then as you make decisions they give you disease but are not yet known to be infected. In more facts. Generally it is designed to test the limits contrast, isolation is used to refer to the separation of your capacities and preparation. of people who are known to be infected and generally occurs in a hospital setting. Quarantines can Q: What is the role of a lawyer in these exercises? occur in a variety of different settings. In the case of A: It depends on the exercise. Throughout the exercise we a pandemic situation, one strategy may be to ask are periodically asked, “What is our legal authority to persons to voluntarily quarantine themselves in their do this particular action?”Our task is to come up with homes for a few days and treat it as a snow day. creative solutions to problems. If there isn’t a solution From a legal point of view we refer to quarantine as then we know where we need more preparation. any instance where legal authority is used to compel the detention of an individual for public health purposes and may include quarantine, isolation or some Q: What is one of the more interesting tabletop other form of restricted movement. exercises you have participated in? A: The most recent one was the tabletop that occurred Q: Should one of these scenarios become a reality, at the Public Health Law Conference. It was called the advice you provide to the group has the “Incident at Airport X” and involved the quarantine potential to impact many lives. Do you feel a lot of a large number of travelers arriving from a foreign of pressure to get it right? country. It was more of a legal exercise. Typically A: There is always pressure to give the right answer and with the exercises we participate in, the focus is more programmatic—determining how quickly equipment to give it in a timely manner. I think tabletop exercis- can be deployed or how quickly people can be sent es are different from some other situations where we into the field. These take precedence. This confer- don’t have the luxury of saying “let’s go research this ence was really more of a scripted legal exercise and we’ll get back to you in a few days.” These where they had people serving in different legal exercises are intended to help us anticipate road- roles. For example they had a state judge play the blocks before we encounter them in reality. role of a judge that would have to decide on a quarantine hearing and what the result of that would be. Q: What is something that people might not know A real lawyer from the private bar represented some- about you? one who was placed under quarantine. He was asked A: I am the office trivia guru. I supply the daily trivia about how he would represent his client. They also question for our office, which is posted on a board had a U.S. attorney at the table that was serving in outside our offices. Oh, and I always pack the same the role of the U.S. attorney and sharing what some lunch every day. Always a turkey sandwich, reduced of his concerns would be. I was there to represent fat potato chips, and reduced fat Oreos of course. CDC. I was asked what legal authority CDC would ing from a bioterrorist threat. Although these lawyers advise CDC scientists, policy makers and staff, they report to HHS’s General Counsel in Washington, D.C. Horton added that this reporting structure ensures that their advice is consistent with advice given by other HHS attorneys, such as those assigned to the Food and Drug Administration. “We can speak with one voice.” GROW YOUR Because each attorney works with just a few Centers within CDC they get to know their clients (CDC staff) FUTURE WISELY and the important public health work they perform As a law professional, you know that while assisting them with a variety of issues. “We growing your future wisely isn’t just develop sustained and trusting relationships with our choosing the right plan for your clients that lead to our ability to anticipate their needs firm—it’s also choosing the right and encourage them to proactively seek legal advice,” said Horton. Page-Taylor added, “One of the great resource. So when you’re ready for things about working at CDC is how passionate our retirement planning, choose the clients are about what they are doing. However, that program created by lawyers for can sometimes be problematic for us as attorneys, lawyers, and run by experts. because CDC’s work still has to be accomplished within the confines of the law.” Horton and Page-Taylor both work on publishing and copyright issues. They each assist clients with publishing medical and scientific articles in a variety of publications such as the New England Journal of Medicine, the CDC’s Morbidity and Mortality Weekly Report and the Journal of the American Medical Association. One of Page-Taylor’s ABA Retirement Funds has been clients, NCHSTP, writes many manuscripts and books, providing tax qualified plans such as and she reviews all contracts and liability indemnifica- 401(k)s for over 40 years. Today, our tion clauses related to publication. “I often look at reports program offers full service solutions that get published to review legal questions,” she said. including plan administration, “Sometimes the client is overly cautious and sends me investment flexibility and advice. things that don’t have any legal implications, but I would rather review too much than too little.” You just couldn’t make a wiser Although each attorney comes to CDC with different choice for your future. backgrounds and experiences—Page-Taylor was a prose- cutor in Macon and Misrahi worked for the federal court LEARN HOW YOU CAN GROW system and as a civil attorney for the city of New York— YOUR FUTURE WISELY they all agree that they derive a sense of personal satis- Call an ABA Retirement Funds faction from working for an agency dedicated to public Consultant at 1-800-826-8901 service. “I am able to sleep at night knowing my work www.abaretirement.com makes a difference,” Foster said. Horton added, “I really believe in the mission of the agency, and being associated Get the Special Report on Wealth Management with the CDC is a source of contentment and pride.” "High Net Worth/High Net Risk: The OGC lawyers of CDC are many things. They are Meeting Retirement Goals" jacks- and jills-of-all-trades, advising on a plethora of Produced by State Street Global Advisors and the University of Pennsylvania's Wharton public health topics, ranging from the mundane to the School. Call 1-800-826-8901 to get your most serious of health threats. Most of all, they are free copy. attorneys, leaning on the law in order to assist CDC with its mission of protecting the health and safety of Americans.

Caren Henderson is a contributing writer to the For a copy of the Prospectus with more complete information, including charges and expenses associated with the Program, or to speak to a Georgia Bar Journal. Program consultant, call (800) 826-8901, or visit www.abaretirement.com or write ABA Retirement Funds P.O. Box 5142 • Boston, MA 02206-5142 • [email protected]. Be sure to read the Prospectus carefully before you invest or send money. The Program is available Johanna B. Merrill is the section liaison for the State through the State Bar of Georgia as a member benefit. However, this does not constitute, and is in no way a recommendation with respect Bar of Georgia and is a contributing writer to the to any security that is available through the Program. 02.2006 Georgia Bar Journal. She can be reached at [email protected].

December 2006 35 GBJ Feature

The Campbell County Courthouses at Campbellton and Fairburn The Grand Old Courthouses of Georgia

by Wilber W. Caldwell

ampbellton, Campbell County’s original

county seat, was laid out on a hill high C above the Chattahoochee River in 1828 when Campbell County was cut from DeKalb, Coweta,

Carroll and Fayette counties. A wooden courthouse was completed in 1829 and was replaced by a fine brick structure in 1835. Similar to the early brick vernacular

courthouses at Forsyth, 1825; LaGrange, 1830; Caldwell Photo by Wilber W. Campbellton, built in 1835 Dahlonega, 1836; and Rome, 1835, it was a sturdy to West Point, Ga., where it would soon link with new example of the skill of local builders to employ simple west-bound rails in Alabama. Along the line the town of Fairburn sprang up near a small post office that had Classical details. With its crossing gabled roofs, the old first been called Cartersville and later Berryville. By 1860, the place was home to 300 persons. Ten years building featured fine arched entranceways, and a high later, the power of the steel rails had energized Fairburn to such an extent that the citizens of cornice supporting low pediments. Campbellton were moving to Fairburn in droves. One local account relates that in 1870 Campbellton resi- By mid-1851 the Atlanta and West Point Railroad dents were dismantling their homes and moving them road was completed through Campbell County as far as well. In that same year, Fairburn became the as the town of Palmetto, on its way to Newnan and on Campbell County seat. By then, Campbellton was in

36 Georgia Bar Journal decay. Today all that ambiguity. Occasionally remains is a church, the however, freedom’s lan- old Masonic lodge and a guage is startlingly clear, stone monument on the as is the case here in top of a pleasant hill to Fairburn. This building is mark the site of the 1835 deeply rooted in multiple courthouse. traditions of the past. If a railroad ever built a What little the new courthouse, it was at Campbell County Court- Fairburn in Old Campbell house had to say about County. In many ways, 1871 or about the future, the 1871 structure was a is carefully subordinated re-creation of the old 1835 to dominant nostalgic courthouse of Campbell- motifs. This courthouse ton. If one ignores the echoes both the Greek Greek Revival portico and Revival and the vernacu- the lacy, paired brackets, Fairburn, built in 1871 lar style of the earlier the courthouse at Fairburn period, but it carries the is a near replica of its predecessor building out of the past and into imagery of the new age as well. which fell into disrepair after the world of the 1870s. Here is a symbol of two eras: a Campbellton was abandoned and This was not the stylish past lost forever and a seemingly was pulled down early in this cen- Victorian Picturesque Eclectic so unattainable future. It would tury. It is not remarkable that the popular in the American North. serve the county until it merged builder-designers of the 1871 This was a voice from within the and became part of Fulton County Campbell County Courthouse American vernacular. From the in 1932. were anxious to re-create the old very beginning, American archi- Campbellton court building tects and builders had exercised a Excerpted by Wilber W. Caldwell, beside the shiny new rails of The free hand redefining European author of The Courthouse and the Atlanta and West Point at ideas and fashioning an architec- Depot, The Architecture of Hope Fairburn. What is remarkable is ture that spoke both practically and in an Age of Despair, A Narrative the eclectic approach that they symbolically to simple American Guide to Railroad Expansion and took in bringing the old building resources and values. Certainly the its Impact on Public Architecture up to date. It is as if the citizens of Federal Style was a simplified in Georgia, 1833-1910, (Macon: Fairburn were of a divided mind. departure from Georgian forms. Mercer University Press, 2001). They sought first the older Likewise, the Greek Revival in Hardback, 624 pages, 300 photos, American tradition by copying the America had paid little heed to 33 maps, 3 Appendices, complete county’s original vernacular strict classical orders. courthouse; then the reactionary It is true that this kind of free- Index. This book is available for myth of the Old South by adding dom in the hands of untrained $50 from book sellers or for $40 the Greek Revival portico; and designers often led to question- from the Mercer University Press last, a touch of the New South by able results. Aesthetically the urge at www.mupress.org or call the decorating the cornice with paired to wander can create confusion, Mercer Press at 800-342-0841 brackets to gracefully bring the and symbolically the risk is utter inside Georgia or 800-637-2378.

Earn up to 6 CLE credits for authoring legal articles and having them published. Submit articles to: Marcus D. Liner, Georgia Bar Journal, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 Contact [email protected] for more information or visit the Bar’s website, www.gabar.org.

December 2006 37 2007 Midyear Meeting State Bar of Georgia January 18-20, 2007 Hyatt Regency Savannah on the Historic Riverfront Savannah, Georgia

Register today! Early-bird registration ends Friday, December 15 Hotel deadline ends Friday, December 15 Final registration ends Friday, January 5 photo courtesy of Telfair www.savannah-visit.com www.savannah-visit.com

Historic River Street Savannah Garden Telfair Museum of Art

Join us at the CLE Seminars Midyear Meeting in Savannah, Ga., for

numerous CLE Events opportunities, alumni

and section events

Networking and networking with

colleagues.

Kudos Court of Georgia Commission on Access and Fairness, which is charged with implementing the > Elarbee, Thompson, Sapp & Wilson LLP recommendation of the Commission on Gender announced that Amy Auffant, Rob Capobianco, Bias and the Commission on Racial and Ethnic Bias. Rich Escoffery, Elliott Friedman, Suzanne Lehman and Connie Walters were named Georgia Rising > John Marshall Law School’s chapter of Stars by Law & Politics magazine. the National Black Law Students Association was renamed the Avarita L. > Kilpatrick Stockton, LLP, was recog- Hanson Chapter in honor of the school’s nized by the city of Atlanta Department former faculty member and Associate of Law for contributions to the Dean for Academic Affairs. The chap- Hartsfield-Jackson International Air- ter’s new name was announced during an apprecia- port Expansion program. The honor tion luncheon held for Hanson in Buckhead. Hanson came as a result of the successful part- was also honored as the first recipient of the Georgia Henner nership between Kilpatrick Stockton and Association of Black Women Attorneys’ Barbara A. Johnson & Freeman, also recognized. Atlanta City Harris Award for Service to the Community. Attorney Linda DiSantis and Aviation Deputy City Hanson, a past president of GABWA, received the Attorney Jennifer Tetrick presented the plaque of award during the organization’s Scholarship recognition. Joe Henner, partner, accepted on behalf Foundation Silent Auction. of Kilpatrick Stockton, and Ron Freeman, managing partner, accepted on behalf of Johnson & Freeman. > Fish & Richardson P.C. was recently ranked No. 1 Kilpatrick Stockton partners Keith Richardson and in two different surveys of IP law practices. Fish & Burleigh Singleton and Stasia Broadwater of Richardson ranked first in IP Law360’s annual sur- Johnson & Freeman were also extolled for their excel- vey of the most frequently hired patent litigation lent work on the project. law firms in the United States. It also topped the list Kilpatrick Stockton, LLP, also announced that it of the world’s largest IP practices according to fig- received the IMPACT Award from the Metro ures compiled by Managing Intellectual Property. Atlanta Corporate Volunteer Council for exemplary Fish & Richardson was named the largest IP Practice employee volunteer programs. By offering flex time in the world with 343 attorneys in the United States. during work hours, incorporating volunteerism into their incentive compensation program and requiring > Weissman, Nowack, Curry & Wilco announced professionals to meet annual goals for pro bono that Jane Kotake, Darryl Moss, John Nelson, work, the firm proves they are leading the way for Ashoo Sharma and Kyle Williams were named volunteerism in the workplace. 2006 Georgia Rising Stars in Atlanta Magazine Additionally, the firm recognizes Rick Horder, part- and Georgia Super Lawyers. Kotake is a partner in ner, on being selected as a 2006 Angels in Adoption™ the firm’s commercial real estate practice. Moss is award recipient. Congressman John Lewis nominated an associate in the commercial real estate practice. Horder as a 2006 Angels in Adoption™ for his outstand- Nelson and Sharma are general litigation attorneys. ing advocacy of adoption and foster care. The William practices general civil litigation with an Congressional Coalition on Adoption Institute, which emphasis on matters affecting real estate builders, oversees the 2006 Angels in Adoption™ program, held a developers, contractors and agents. ceremony and gala event in Washington, D.C., to honor Horder and his fellow Angels. > Entertainment attorney Darryl Cohen, a founding partner in the Atlanta law firm of Cohen, Cooper, Estep & > Presiding Justice Carol W. Hunstein Whiteman, was featured in the cover was inducted into the Stetson story “Front and Center: Marketing University College of Law Hall of Tips to Put Your Firm in the Spotlight” Fame in September. The college noted in the August/September issue of Small Firm that Hunstein is a compelling role Business, which offers ideas and innovations for model for those attempting to overcome law firm management. adversity. She was also praised as a tireless champi- on of racial, ethnic and gender equality in the > Atlanta attorney Paul K. Tamaroff was awarded courts. Hunstein currently chairs the Supreme the Bert Rosenthal Memorial Award at the annual

40 Georgia Bar Journal Bench & Bar

convention of the California Association of 2007 Edition of Best Lawyers in America Photocopiers & Process Servers. This prestigious award is presented to an individual who, through The 2007 edition of Best Lawyers in America is based on 1.8 the years, has given the utmost of service and dedi- million confidential evaluations by the top attorneys in the cation in promoting the process serving profession. country, as well as thousands of extensive telephone inter- The award is presented only when a nominee views with leading attorneys throughout its balloting receives at least two-thirds vote of the nominating process. Because Best Lawyers is based on an exhaustive committee. Tamaroff is past president of the peer-review survey by the country’s leading attorneys and National Association of Professional Process because lawyers are not required or allowed to pay a fee to Servers, as well as a founding member and past be listed, inclusion in Best Lawyers is considered a singular president of the Georgia Association of Professional honor. Corporate Counsel magazine has called Best Lawyers Process Servers. He has been very active in promot- “the most respected referral list of attorneys in practice.”* ing legislation to improve the procedures for service of process of lawsuits, as well as establishing Elarbee, Thompson, Sapp & Wilson LLP professional criteria for the appointment of process Stan Wilson servers in Georgia. Fisher & Phillips LLP > Pro Bono Part- Roger K. Quillen Ann Margaret Pointer nership of At- Donald B. Harden John E. Thompson Claud “Tex” McIver lanta presented its 2006 Vol- Parker Poe Adams & Bernstein LLP unteer of the Donald P. Ubell Year Awards to Oliver-Staley Palmer Moore Joshua Moore, Kilpatrick Stockton, LLP Southern Company; Aisha Oliver-Staley, Harold E. Abrams James D. Johnson McKenna, Long & Aldridge; and William A. Miles J. Alexander Hilary P. Jordan Anthony B. Askew M. Andrew Kauss Palmer III, AGL Resources, Inc., for their contri- Rupert Barkoff Larry D. Ledbetter bution of time and dedication to clients. In adher- Joseph M. Beck Colvin T. Leonard III ence to Pro Bono Partnership’s mission, these vol- W. Stanley Blackburn Alfred S. Lurey William H. Boice Dennis S. Meir unteer attorneys used their practice area expert- Richard R. Boisseau Reinaldo Pascual ise to provide grassroots nonprofit agencies with R. Alexander Bransford Jr. Matthew H. Patton invaluable legal help. Moore volunteered William H. Brewster John S. Pratt Christopher P. Bussert Diane L. Prucino through Pro Bono Partnership to assist Camp Susan Cahoon Michael W. Rafter Kudzu, a nonprofit organization that runs a sum- Tim Carssow Susan H. Richardson mer camp for Georgia children with juvenile dia- Richard R. Cheatham Dean W. Russell Richard Cicchillo Jr. Stephen M. Schaetzel betes. He also provided legal advice to the A. Stephens Clay IV George Anthony Smith Jerusalem House Family Program, and has Evelyn H. Coats James D. Steinberg recently volunteered to revise a participant James H. Coil III David A. Stockton Brian G. Corgan Phillip H. Street agreement for an organization that provides a Scott M. Dayan Jerre B. Swann comprehensive housing and mentoring program William E. Dorris Neal J. Sweeney to pregnant, unwed and homeless women. W. Randy Eaddy G. Kimbrough Taylor James L. Ewing IV Virginia S. Taylor, Oliver-Staley has volunteered for three different Candace L. Fowler Rex R. Veal matters with Pro Bono Partnership of Atlanta Jamie L. Greene William J. Vesely Jr. over the last six months. She assisted the non- Randall F. Hafer David M. Zacks Richard A. Horder profit organization STAND, Inc., with a review of its bylaws. She also worked to get the Masterful Men Foundation incorporated as a Georgia non- Huckaby Scott & Dukes, P.C. profit, and is one of five Pro Bono Partnership James C. Huckaby Jr. volunteers who has agreed to present legal workshops through the Goodwill North Georgia *This is not a complete list of all State Bar of Georgia mem- BusinessNOW program. Palmer worked with bers included in the publication. The information was com- Family Community Housing, an organization piled from Bench & Bar submissions from the law firms that provides affordable housing through down above for the December Georgia Bar Journal. payment assistance and homebuyer education.

December 2006 41 Bench & Bar

Court of Appeals of Georgia High On the Move School Oratorical Contest Winner In Atlanta > Michael V. Coleman, a partner with Lord, Bissell & Brook LLP, has been named partner-in-charge of the firm’s Atlanta office. Coleman joined Lord, Bissell & Brook as a partner in 2004. His practice focuses on general corporate, mergers and acquisitions, and corporate finance transactions. Coleman served as the city attorney for the city of Atlanta from 1990-93. After leaving that position, he went into private practice. Coleman has served on several boards, and is involved with numerous other civic, community and professional organizations. The firm is located at 1900 The Molly Holmes, Caleb Smith, Jill Pryor, Marie Agnello, Patrick Berg Proscenium, 1170 Peachtree St. NE, Atlanta, GA Caleb Smith, winner of the Court of Appeals of 30309; 404-870-4600; Fax 404-872-5547; www.lordbis- Georgia’s Centennial High School Oratorical Contest, sell.com. delivered the winning speech at the Centennial Dinner of the Court of Appeals of Georgia at the Georgia > Fish & Richardson P.C. announced that Aquarium in October. Smith, a student at Cartersville William R. Silverio has joined the High School titled his oration “The Judicial Branch: firm’s Atlanta office as a principal. Guardian of the Constitution.” Silverio focuses his practice in the elec- The judges of the final round of the contest were: tronics, software and business methods Justice George H. Carley, Supreme Court of Georgia; areas. Prior to joining Fish & Chief Judge John H. Ruffin Jr., Judge Anne Elizabeth Richardson, he was at Sutherland Asbill & Brennan Barnes and Judge M. Yvette Miller of the Court of LLP. The office is located at 1230 Peachtree St. NE, Appeals of Georgia; and Judge Sidney L. Nation, 19th Floor, Atlanta, GA 30309; 404-892-5005; Fax Judge of the Superior Court of the Rockdale Judicial 404-892-5002; www.fr.com. Circuit. Jill Pryor, a partner with the law firm of Bondurant, Mixson & Elmore, LLP, was the chair for > Smith, Gambrell & Russell LLP announced that the contest and was assisted by Roberta Earnhardt, Patrick M. Connolly has joined the law firm’s health assistant district attorney, Rockdale Judicial Circuit. care practice; Timothy A. Bumann joined as a partner Patrick Berg, from Deerfield-Windsor School in in the litigation department; and William A. Herbert Albany, placed second. Molly Holmes of Savannah joined as counsel in the international department. Country Day School, and Marie Agnello of Brookwood Connolly has extensive experience negotiating large High School, Snellville, placed third and fourth, transactions and resolving complex regulatory issues respectively. Quarterfinalists were Eric Alston, for hospitals and other health care providers. He pre- Brookstone School, Columbus; Yulianna Lopez, viously served as senior legal counsel to a national Northwest Whitfield High School, Tunnel Hill; Mia- hospital chain and as general counsel to two physi- Talia Lowe, Davidson Fine Arts Magnet School, cian practice management companies. Bumann Augusta; and Heather Williams, Bradwell Institute, focuses his practice on product liability defense. Hinesville. Each public and private high school in Herbert has extensive experience representing lead- Georgia was permitted to certify one school winner to ing Japanese companies in the pharmaceutical, med- the contest. The first through fourth place winners will ical devices, biotechnology, electronics, automobile, receive scholarship awards from Justice Served, Inc. aerospace, telecommunications, software and finan- Justice Served, Inc., a charitable foundation, seeks to cial services industries. The firm also announced that enhance the knowledge of Georgia citizens about the Edward C. Konieczny has joined the firm and will history of the Georgia courts and their vital role in pro- expand the antitrust practice. He has 18 years of com- viding equal justice to all. Thirty-five students from plex litigation and law firm management experience around the state were certified to participate in the in both plaintiffs’ and defense firms. Before joining contest held at the State Bar of Georgia in September. Smith, Gambrell & Russell, he served as managing partner of a large, national mass tort and class action

42 Georgia Bar Journal Bench & Bar

plaintiffs’ firm. The firm is located at Promenade II, Lamar Smith have joined the firm. Burkhart will Suite 3100, 1230 Peachtree St. NE, Atlanta, GA 30309; focus in corporate tax and estate planning. Prior to 404-815-3500; Fax 404-815-3509; www.sgrlaw.com. joining the firm, she was an intern for the Hon. John T. Nixon, U.S. District Court for the Middle > Rutherford & Christie, LLP, announced that Amy District of Nashville, Tenn. Cheatham joins the K. Buchanan, Melissa A. Sutton, Heather R. Ryfa worker compensation group. Prior to joining the and Andrea E. Dobur have become associates in its firm, she practiced for two years with a general Atlanta office. The office is located at Harris Tower, civil litigation firm. Smith also joins the workers Suite 812, 233 Peachtree St., Atlanta, GA 30303; 404- compensation group. He was previously a staff 522-6888; Fax 404-522-0108; www.rutherford- attorney to the Hon. John E. Girandeau, christie.com. Gainesville, Ga., and an extern for Justice Robert Benham. The office is located at 192 Anderson St., > Atlanta attorney Richard Kopelman announced the Marietta, GA 30060; 770-429-1499; Fax 770-429- opening of Kopelman Law Group, P.C. Kopelman 8631; www.mijs.com. has been practicing law in the Atlanta area for nearly 20 years. The firm’s primary practice areas In McDonough include tractor trailer, automobile and motorcycle > Kathy E. Harrington announced the formation of collisions, premises liability, medical malpractice, Harrington & Harrington, with offices in pharmaceutical liability and wrongful death. The McDonough and Long Beach, Calif. The law firm office is located at 1801 Peachtree St. NE, Suite 200, specializes in patent, trademark, copyright and Atlanta, GA 30309; 404-351-5900; Fax 404-355-3777. trade secret matters, and intellectual property taxation. The east coast office is located at 355 S. Mt. In Alpharetta Carmel Road, McDonough, GA 30253; Phone/Fax > Jampol Schleicher Jacobs & Papadakis LLP 770-914-1413. announced that Alec Papadakis and Brian F. Hansen joined the firm as partners; Fred A. Slone In Roswell joined as of counsel; and Anthony O. Lakes and > Sheetal Desai and John Julie Dominiack joined as associates. Papadakis Land joined the offices of specializes in immigration, franchising and inter- Morris, Lober & Dobson, national corporate transactions. Hansen practices LLC. Desai practiced in a in litigation and construction law. Sloane concen- firm near Chicago before trates in corporate transactions. Lake and joining the firm’s Roswell Desai Land Dominiack will work in commercial litigation and office. Her practice is real estate transactions, respectively. The office is focused in the areas of corporate transactions and located at 11625 Rainwater Drive, Suite 350, commercial litigation. Land spent the last five Alpharetta, GA 30004; 770-667-1290; Fax 770-667- years as a trial attorney at the Newton County 1690; www.jsjplaw.com. Public Defenders office. He now joins the firm’s Madison office where he is practicing both domes- In Athens tic and general civil litigation as well as criminal > Hall Booth Smith & Slover, P.C., defense. The Roswell office is located at 500 Sun announced that Michael C. Pruett has Valley Drive, Building D, Suite 4, Roswell, GA joined the firm as a shareholder in the 30076; 678-461-9800; Fax 678-461-9944. The Athens office. He will serve as the chair Madison office is located at 1511 Eatonton Road, of the trusts & estates practice and will Suite 204, Madison, GA 30650; 706-342-8014; Fax also be a member of the government lia- 706-342-8160; www.mldlaw.net. bility and education practices. Prior to joining HBSS, Pruett served as county attorney of Madison In Birmingham, Ala. County, Ga. The firm is located at 290 North > James M. Roth announced the formation of The Milledge Ave., Athens, GA 30601; 706-316-0231; Fax Roth Firm, LLC. The new firm will focus primarily 706-316-0111; www.hbss.net. on civil litigation and trial practice, concentrating in personal injury litigation. The office is located at In Marietta 3500 Independence Drive, Birmingham, AL 35209; > Moore, Ingram, Johnson & Steele LLP announced 205-879-9595; Fax 205-871-4512. that Stayce Burkhart, Angela D. Cheatham and G.

December 2006 43 Bench & Bar

> Thomas, Means, Gillis & Seay, P.C., announced that Denise Wiginton is now an associate in the AVLF 15th Annual Winetasting Birmingham office. Wiginton joined the firm in March 2005. Her practice areas include constitutional and civil rights law, as well as civil litigation and government law. The Birmingham office is located at 505 20th St. N., Suite 400, Birmingham, AL 35202; 205-328-7915; Fax 205-214-6160; www.tmgslaw.com. In San Francisco, Calif. > Schiff Hardin LLP announced the opening of a San Francisco office, its first on the West Coast, opening January 2007. The firm will be joining forces with Morgenstein & Jubelirer LLP. The combined law firms will be named Schiff Hardin LLP and will provide a coast-to-coast presence with other offices in Chicago, Lake Forest, Ill.; New York, N.Y.; Washington, D.C.; and Atlanta. The addition of Morgenstein & Jubelirer’s 35 attorneys gives Schiff Hardin nearly 400 total attorneys. Information about Hon. Edward Lindsey, Georgia House of Representatives and Fulton State Court Judge Susan Forsling the opening can be found at www.schiffhardin.com.

In Charleston, S.C. On Thursday, Nov. 2, the Atlanta Volunteer > Howell Linkous & Nettles, LLC, announced its Lawyers Foundation held its 15th Annual relocation to the historic Doctor John Lining House Winetasting. The foundation’s major fundraiser, (c. 1715) in Charleston, S.C. The law firm concen- hosted this year by the law firm of King & trates its practice in municipal bonds, local govern- Spalding, attracted more than 550 guests. Those ment law, economic development incentives, and who attended included federal and state judges, affordable housing development. The firm’s bond private attorneys, lawyers from the legal depart- law practice includes bond counsel services for ments of many of Atlanta’s businesses and banks, many local governments and agencies across the Atlanta and Fulton County officials, accountants, South and Native American tribes across the conti- court reporters and others interested in supporting nent, and underwriter’s counsel services for many AVLF’s efforts to promote equal access to justice. investment banks in transactions across the South. The event was catered by Trois on the eve of its The firm also represents for-profit and not-for-prof- opening in Midtown Atlanta, and the wine was it owners and developers, housing authorities, and provided by Chameleon Cellars of St. Helena, financial institutions in all aspects of the develop- Calif., and Murphy’s Restaurant. ment and financing of multifamily housing properties. The new address is The Lining House, 106 Broad St., Charleston, SC 29401; 843-266-3800; Fax 843-266-3805. In Charleston, W.Va. > Marilyn Hamilton announced that she is now an attorney-advisor with the Social Security Administration, Office of Disability Adjudication and Review (formerly Office of Hearings and Appeals), in Charleston, W.Va. She previously worked as a law clerk/staff attorney in DeKalb county. The office is located at 500 Quarrier St., Suite 100, Charleston, WV 25526; 304-347-5217; www.ssa.gov. Fulton Superior Court Chief Judge Doris Downs, Taylor Tapley Daly, Stephen Andrews and Fulton Superior Court Judge Cythia Wright.

44 Georgia Bar Journal “So much for my vacation,”grumbled Stan.“ “ I should have called Lawyers Direct.”

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“ re you sure these are for me?” you ask adulterous affair with the client revealed should the case go to trial, or a client continues a relationship with your assistant as she deposits a huge bou- her lawyer against her will, from fear of losing counsel at a vital stage of her case. quet on your desk. The conflict of interest inherent in these situations A prompted the American Bar Association recently to “Yep,” your assistant replies cheerfully. “Everyone modify its rules to prohibit a lawyer from beginning a wants to know who sent you flowers—you’ve been sexual relationship with someone the lawyer is cur- holding out on us!” rently representing.1 Muttering about the lack of pri- OK…so only the most optimistic vacy in your small law firm, you or foolhardy love-struck lawyer open the accompanying envelope. begins a relationship with an exist- “Barry Murphy?” you shriek in ing client. But what about a former disbelief. “He’s asking me out?” client? “Mr. Murphy, the SuperCo VP? I Far be it from the State Bar of knew he had a crush on you! He Georgia to obstruct the path of true always insists on dealing with you love. Generally, once representation personally, and he was so compli- ends the Bar takes no further inter- mentary about how you handled est in the love lives of its members. that hearing.” So if you are tempted to begin a “Well, I can’t go out with him,” sexual relationship with a current you say reluctantly. “He’s a client.” client, withdraw from the representa- “Former client” your assistant tion and find your paramour a new corrects. “That case is over; the lawyer! Of course, even then the appeal time ran last week. Barry is usual rules regarding former clients fair game.” apply. The lawyer must keep the “Are you sure? It’s been a long time since I’ve had a client’s confidences and secrets forever, and must date, but it’s not worth risking disbarment.” avoid former client conflicts prohibited by Rule 1.9. You’re a little embarrassed, but you decide to call the Don’t forget to call the Ethics Hotline at 404-527-8720 Bar’s Ethics Hotline for advice. You find that although with all your ethics questions (no advice to the Georgia does not have a rule specifically prohibiting a lovelorn, please!). lawyer from dating a client, the situation is fraught with potential conflicts. If the romance ends during the rep- Paula Frederick is the deputy general resentation, the lawyer/client relationship inevitably counsel for the State Bar of Georgia. She sours and the client may come to feel that the lawyer can be reached at [email protected]. has compromised the case out of pique. In evaluating a grievance filed by a client who has had a romantic relationship with a lawyer, the Bar looks for signs that the lawyer’s professional judgment Endnote was adversely affected. Sometimes the fact of the representation is in itself evidence of compromised judg- 1. Rule 1.8(j) of the ABA Model Rules of Professional ment, as when a lawyer in a divorce case begins an Conduct prohibits sexual relationships between lawyer affair with her client. In other types of cases the adverse and client “unless a consensual sexual relationship exist- effect may be less obvious—a lawyer presses the client ed between them when the client-lawyer relationship to accept a lowball PI settlement from fear of having his commenced.”

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Discipline Summaries (Aug. 19, 2006 through Oct. 19, 2006) by Connie P. Henry

Disbarments/Voluntary Surrenders Jonathan Goldberg Matthew Wayne Wallace Atlanta, Ga. Farmington, Conn. On Oct. 2, 2006, the Supreme Court disbarred On Sept. 18, 2006, the Supreme Court accepted the Attorney Jonathan Goldberg (State Bar No. 003630). Petition for Voluntary Surrender of License of Goldberg did not respond to the Formal Complaint Matthew Wayne Wallace (State Bar No. 734180). and was found in default. On two occasions he wrote Wallace improperly disbursed trust account funds and checks on his attorney trust account for which there failed to properly account for those funds. He also were insufficient funds and which were not honored. failed to respond to the State Bar. Wallace was previ- On another occasion he wrote a check from his trust ously suspended for two years based on his abandon- account for his personal use, not for earned attorney ment of a client. fees, for which there was insufficient funds and which were not honored. On three other occasions he wrote Patrick C. Kaufman checks from his trust account for his personal use, not Woodbine, Ga. for earned attorneys fees, after depositing funds into On Oct. 2, 2006, the Supreme Court accepted the the trust account from his personal account to cover the Petition for Voluntary Surrender of License of Patrick checks. Goldberg received an Investigative Panel C. Kaufman (State Bar No. 409202). Kaufman had sev- Reprimand in 2004 for similar conduct. eral disciplinary actions pending against him. He admitted that in two separate matters he accepted a Robert Culpepper III client’s retainer, failed to take action on the case, failed Tallahassee, Fla. to respond to the client’s inquiries, and abandoned the On Oct. 2, 2006, the Supreme Court disbarred case to the client’s detriment. At the time of the con- Attorney Robert Culpepper III (State Bar No. 201150). duct, Kaufman was clinically depressed and suffering In one matter Culpepper was hired to probate a will. from alcoholism. He filed a petition to have his client discharged as executor of the estate and submitted a Final Phillip Andrew Strickland Distribution showing a total distribution to heirs and Alpharetta, Ga. expenses of the estate in the amount of $10,236.51. On Oct. 2, 2006, the Supreme Court disbarred Shortly thereafter, Culpepper was discharged and his Attorney Phillip Andrew Strickland (State Bar No. client hired new counsel. Culpepper nevertheless 687829). Strickland acknowledged service of five requested, obtained and deposited into his trust Formal Complaints, but failed to file an answer to any account a check from his client in the amount of the of them. The cases involved Strickland accepting mon- final distribution, but Culpepper never disbursed the etary payments from clients; agreeing to perform cer- funds nor provided an accounting. Culpepper did not tain work on behalf of those clients; failing or refusing respond to letters from the client’s new counsel. to perform the work; failing to advise the clients of the In another matter a client paid Culpepper $1,000 to status of their cases; failing to respond to the clients’ represent him in a child support matter. After filing efforts to contact him; and failing to refund unearned one pleading, Culpepper did no further work in the fees. In most cases, Strickland also failed to return com- matter; failed to communicate with the client despite plete files to the clients upon termination and failed to the client’s efforts to contact him; and failed to return respond to the State Bar’s Notices of Investigation. the unearned fee. Culpepper was personally served

48 Georgia Bar Journal with the Formal Complaint in this support obligations continued to law; and (4) serve the statement and matter, but offered no explanation. accrue and the ex-wife filed a con- a Petition for Reinstatement with tempt action against the client, to the Office of the General Counsel Suspensions which he responded pro se, as he and with the Review Panel. Jeffrey Ivan Garfinkel cannot afford to hire another attor- Atlanta, Ga. ney. The Investigative Panel mem- Review Panel On Oct. 16, 2006, the Supreme ber spoke to Garfinkel, who said he Reprimand Court of Georgia suspended Jeffrey was suffering from severe depres- Ivan Garfinkel (State Bar No. sion, that he no longer desired to Derek M. Wright 284654) from the practice of law practice law, and that he had moved Atlanta, Ga. indefinitely with reinstatement to South Carolina. On Oct. 16, 2006, the Supreme upon conditions. Garfinkel was The Court noted in aggravation Court accepted the petition for vol- served with a Notice of Discipline of discipline that Garfinkel aban- untary discipline of Derek M. by publication but did not file a doned his practice and moved to Wright (State Bar No. 777740) and rejection within 30 days. Garfinkel’s South Carolina without notifying imposed a Review Panel Reprimand default showed that he accepted his clients or the State Bar. Before and a requirement to attend the next $1,500 to represent a client in a reinstatement, Garfinkel must meet scheduled session of the State Bar’s modification of child support case, the following conditions: (1) file a ethics school at his own expense. filed the petition, and requested a sworn response to the client’s griev- Wright filed a tort action on behalf transfer to another county when he ance; (2) refund $1,500 to the client; of a client, but failed to respond to discovered the ex-wife lived in that (3) obtain a statement from a psy- the defendant’s discovery requests county. Garfinkel took no further chologist licensed to practice in and motions, failed to comply with a action in the case, which remains Georgia describing the nature and court order, failed to appear at a pending, and though he had not extent of Garfinkel’s impairment(s), scheduled hearing, failed to inform responded to any of the client’s the treatment he has undergone to his client that her action had been attempts to contact him, subse- overcome the impairment(s), any dismissed and then lied to the quently notified the client that he continued treatment necessary to Investigative Panel in a attempt to was no longer able to work due to maintain fitness, and certifying that excuse his failure to attend the court health problems. The client’s child he is fit to resume the practice of hearing. Wright had no prior disci-

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December 2006 49 pline, was remorseful and accepted 90-day suspension to be stayed sub- responsibility for his misconduct. ject to a one-year probation, with conditions, from the Supreme Court Public Reprimand of Nevada for improperly transfer- Ralph S. Goldberg ring funds from the firm’s trust Presiding Judges Decatur, Ga. account to its operating account. and Scoring On Oct. 2, 2006, the Supreme There is no discipline in Georgia Court accepted the petition for vol- equivalent to the discipline imposed Evaluators Needed untary discipline of Ralph S. in Nevada. Accordingly, the court Goldberg (State Bar No. 299475) ordered Ranalli to receive a letter of for Regional and imposed a public reprimand. formal admonition with a require- Competitions Goldberg represented clients in a ment for compliance with the condi- civil action and obtained a judg- tions imposed in Nevada. Ranalli ment against the defendant for must complete 10 hours of CLE (in $63,400. Pursuant to a contingency addition to the hours required by 2007 Regional fee agreement, Goldberg was enti- Nevada) with five hours devoted to Competition Cities tled to one-third of any recovery. trust account management and five (Scheduled for Late February) Goldberg’s wife, Lauren Cuvillier, hours devoted to office manage- was a paralegal in his office and ment and Nevada Bar counsel must Athens • Albany • Atlanta worked on the case. In an effort to approve the selected courses; enter • Brunswick • Canton • collect the judgment against defen- into a mentorship agreement for the Columbus • Dalton • Decatur dant, Goldberg arranged for the one-year probation period with a • Douglasville • Jonesboro execution sale of real property mentor approved by Bar counsel, • Lawrenceville • Macon • owned by the defendant. Cuvillier meet at least monthly with the men- attended the sale with one of the tor, and have the mentor provide Marietta • Rome • Savannah clients and acquired the property as quarterly reports to Bar counsel; her own separate property. When pay $7,500 to the Client Security the client complained, Goldberg Fund by the end of the one-year Presiding Judges ratified Cuvillier’s conduct by fail- probation; pay one-half of the State ing to take legal or remedial action Bar’s costs; and refrain from further and Scoring against her. Subsequent to the filing misconduct during the one-year Evaluators of the grievance and subsequent to probation period. Cuvillier’s sale of the property, In mitigation of discipline the With Prior High Goldberg shared $40,270.28 with court noted that Ranalli had no the clients, and that amount repre- prior discipline; he was remorseful; School Mock Trial sented two-thirds of the net pro- he cooperated with disciplinary Experience Needed ceeds of the sale of the property authorities; and that he self-report- plus interest, with deductions for ed this matter to the Nevada Bar. for State Finals documented costs of repairs and improvements to the property and Interim Suspensions Gwinnett Justice Center, Goldberg’s fee of $20,868.73. Under State Bar Disciplinary Rule Lawrenceville, March 10 & 11 In mitigation of discipline, 4-204.3(d), a lawyer who receives a Goldberg had no prior disciplinary Notice of Investigation and fails to history, he cooperated with disci- file an adequate response with the For more information, contact plinary authorities, he did not act Investigative Panel may be suspend- the mock trial office at with a selfish or dishonest motive, ed from the practice of law until 404-527-8779 or toll free and he was remorseful. an adequate response is filed. Since Aug. 19, 2006, six lawyers have 800-334-6865, Ext. 779; or Formal Letter email [email protected]; been suspended for violating this of Admonition rule, and five lawyers have been www.georgiamocktrial.org reinstated. George Michael C. Ranalli Henderson, Nev. Connie P. Henry is the On Sept. 18, 2006, the Supreme clerk of the State Court of Georgia ordered that Disciplinary Board. George Michael C. Ranalli (State Bar She can be reached at No. 593715) receive a Formal Letter [email protected]. of Admonition. Ranalli received a

50 Georgia Bar Journal

Law Practice Management

A Gift to You from Law Practice Management by Natalie Thornwell Kelly

he holidays are here and in the spirit of the This engine clusters searches and gives a different perspective on the results. Another engine that I discov- season, we want to give you a gift. Taken ered at last year’s TECHSHOW is www.rollyo.com. This Web 2.0 formatted engine allows users to “roll” from our involvement in local and national their searches. This means you can create searches that T only search across the trusted websites you decide to speaking events, here is our gift to you—some of the use. Google’s new counter application is the Custom Search Engine. websites, tools, tips and Pods in Practice gadgets that we have found Using iPods for catching the latest tunes is just step interesting and useful, too! one with this Mac wonder toy. Lawyers are using their Search Tools iPods for additional storage of photos, and even getting Copernic—www.coper- CLE credit for applicable nic.com—is a desktop index podcast programs. You can and search tool that now find a full range of legal makes finding things on podcasts and blawgcasts your computer a snap. online. Don’t know where to X1—www.x1.com—is proba- start searching for blawgs bly the strongest search (legal blogs) or podcasts? engine mentioned here, and Try the “Google of the blo- it will also search across com- gosphere”—www.techno- puter networks on the fly. rati.com. Warning: If you choose to use If you need to expand the Google, www.google.com, use of your iPod, say by make sure you understand adding a voice recorder fea- that if you choose to activate ture, you can check out the Search Across Computers feature, your indexed www.ilounge.com to learn about hundreds of nifty data files will be stored on Google’s servers and not on accessories and to see reviews of add-ons. Like other your own system. technology, you will need to make sure any data you Everyone loves to search using Google, but I like to have on these devices is protected. “Podslurping” is point out other engines that provide some unique alter- the stealing of data through the use of iPods or thumb natives. One engine that I have used for a long time drives. Make sure you always keep security in mind that has recently undergone a name change is when using any type of technology, especially mobile www.clusty.com, formerly called ww.vivisimo.com. tech tools.

52 Georgia Bar Journal Edit/Paste Special stacks up against Oprah or Bill firms. Have both and learn to use This tip is one of our favorites. Gates, or even how much you both. You can also enhance and When copying data from websites could be paid in Big Macs every deliver more secure documents and other documents that have a week, this site provides these with PDF formatted items. myriad of formats or styles applied entertaining calculators, too. to them, you can end up with a Zillow.com nightmare if using the plain old Pchell.com Want to see your neighborhood copy/paste technique. Use Speaking of Bill Gates, if you are online? Like other satellite mapping edit/paste special to get options to experiencing problems with your tools, you are able to view a satellite paste text in a particular format or PC, you can consult this site for image of a particular address. You as unformatted text. Extra gift: help. Many of the common, and are also able to get appraisal figures Sometimes even the paste special even uncommon, errors are for homes in the area. steps will result in an ugly, difficult explained and resolved on this site. document. You can get rid of crazy If you are in a larger firm, please ABA TECHSHOW characters by first pasting the doc- consult your IT staff before trying www.techshow.com—If you ument into Notepad to clear out any of the fixes! want to keep up with the latest and some of the hard to get around for- greatest in legal technology, this is matting and styles. Crosseyes a must-attend event for you every If you want to maximize the use year. The show’s website has a blog Salary.com of Word, but have been a and listing of past program offer- This website provides great WordPerfect user for years, try the ings from its “60 Sites in 60 worksheets for determining pay tool that puts Reveal Codes in Minutes” program. Note: We pre- ranges, as well as specific things Word—Crosseyes. Offered at sented on this well-received pro- like how much your take home www.levitjames.com this is an gram last year. Bar members can paycheck will be when you are incredible tool for WordPerfect get a discount on their registration paid a certain salary. Also, if you users. Note: We advocate the use of for TECHSHOW by using the want to know how your salary both Word and WordPerfect in Program Promoter Code “PP711.”

December 2006 53 Bar members use code PP711 for a discount. Anagram for Outlook with Windows XP and Office 2003 Charitynavigator.com If you are reliant upon your can get discounted upgrades to Looking for a perfect benefactor Outlook contacts, you will defi- Windows Vista and Microsoft for your donations? Use this site to nitely need to invest in Anagram Office 2007 when they are released. learn which charities would work for Outlook. This program cap- If you need to see if your machine best for you and your firm. The site tures contact information in vari- can handle Vista, try the Vista PC features searching for charities by ous formats and automatically fills Advisor tool also on the Microsoft categories, too. fields in Outlook. Well worth the website. $29.95 you’ll pay for a full license. We hope you enjoy this gift of You can try it for free for 45 days Esrb.org valuable tips, and don’t forget to at www.getanagram.com. There is The Entertainment Software contact us if you have something also a version for Palm devices. Review Board site will help you you would like to share or have us Note: We would prefer to see you navigate through the ratings of share with you. Happy Holidays link the Outlook contacts into software programs. This can be from the State Bar of Georgia’s Law your legal practice management helpful in deciding if certain com- Practice Management Program! software once you have them puter software and gaming gifts are stored in Outlook. both content- and age-appropriate. Natalie Thornwell Kelly is the director of Entrepreneur.com Mac vs. PC the State Bar of Under the technology area of If you are wondering if you can Georgia’s Law Practice this site, you can find an annual effectively use Macs in your law Management Program guide to Business software. While firm, you will be surprised that our and can be reached at this is not a legal-specific listing, it answer has changed from a “well, [email protected]. does give a great overview of tech- you might have trouble with legal- nology tools for you to consider. specific software, so you might want to think long and hard about GetHuman.com it”—and this is generally still the Even though this has already case—to “you can definitely do been listed on the Website of the most of the necessary legal drafting Week for the department, you and word processing on a Mac that might find this helpful the next you have been doing on a PC.” The time you are looking to navigate new MacBook Pro laptop, that I out of an automated phone sys- received in a Mac Legal Trial pro- tem and get to a real live person gram, is performing wonderfully faster. without my having worked with a Virtual PC or Boot Camp setup. I Gasbuddy.com am trying out the MacBook Pro With higher gas prices these with Microsoft Office for Macs, and days, who doesn’t need a buddy. a 60GB iPod to see how it performs You can type your zip code in at in everyday use and with general this site and find gas stations legal work situations. To learn with the lowest prices in your more about Macs and software for area. You can even use this to using them in law firms, check out help with estimates for holiday www.apple.com and www.macat- trip planning. torney.com. Windows New Adobe Acrobat Operating System Dig deep into Adobe Acrobat. If at all possible, purchase the Get ready for the next Windows Professional version of Adobe. upgrade. Check out Microsoft’s Even though this is a pricey option, new operating system, Vista, at the new version 8 sports some www.microsoft.com. Current Win- expanded features for the legal dows users and PC shoppers are market. If you are just getting start- getting a gift from Microsoft this ed, then checkout and read “The holiday season, too. Until March Lawyer’s Guide to Adobe Acrobat” 15, 2007, anyone purchasing a PC from our Resource Library.

December 2006 55 Casemaker New Look and Expanded Search Abilities for Casemaker

by Jodi McKenzie

y the end of 2006, the Casemaker website

will contain legal libraries for all 50 states. B Casemaker is enlarging its current selection of state libraries to include all appellate case law, state constitutions, rules of court and current statutes, as well as other selected items.

Casemaker’s state appellate decisional case law content will equal the content found in either Westlaw or LexisNexis back to 1950. And it will far exceed the state appellate case law content of any of the other legal publishers, worldwide. These developments make Casemaker the fastest growing online legal-research Last year, Technolawyer.com conducted a poll service in the country. among its members to determine the popularity of Casemaker will also enhance its federal library to online legal research libraries. Casemaker received include federal appellate decisional law that will have all more votes in its 20 member states than did any other decisions from the U.S. Supreme Court. The U.S. Circuit service. In the final nationwide vote tally, Casemaker Court libraries will include all decisions post-1949. finished second to LexisNexis even though the lawyers Casemaker will also soon be sporting a brand-new in the remaining 30 states did not have access to look. The process of revamping the site has been Casemaker. And since the time of this poll, an addi- designed to present a “cleaner” appearance. However, tional five state bar associations have joined the there are more important changes to the site. Casemaker Consortium to provide the services to each By the end of November 2006, Casemaker users will of their members. find expanded and simpler search capabilities that will Casemaker remains committed to members of the be even more user-friendly. Users will continue to State Bar of Georgia by continuing to move forward search using Boolean operators, as well as natural lan- with improvements. These enhancements are just guage. Searching in Casemaker will continue to be as another example of Casemaker’s commitment to you. easy as typing a question. Free Casemaker training is offered every month at Casemaker will also maintain its unique Thesaurus the Bar Center. Please check our website for upcoming function, which allows users to search for words that are training sessions or contact . similar or otherwise related to the object word. Users will continue to be able to search using prefix and suffix Jodi McKenzie is the member benefits expansions, another feature unique to Casemaker. coordinator for the State Bar of Georgia. The newest search enhancement will allow users to She can be reached at 404-526-8618 or be able to search in multiple state and federal libraries [email protected]. simultaneously. This feature produces expanded results in an economical amount of time.

56 Georgia Bar Journal HIGHHIGH SCHOOLSCHOOL MOCKMOCK TRIALTRIAL NIGHTNIGHT WITHWITH YOURYOUR ATLANTAATLANTA THRASHERSTHRASHERS

vs . Saturday, February 3, 2007 7:00pm #32 KARI LEHTONEN

Seats originally priced at $70, $38 & $28 Name:______are discounted to $63, $31 & $21. Address:______

A portion of the proceeds benefits the City:______State:______Zip:______

Judge Rowland Barnes Endowment at the Lawyers Day Phone:______Foundation of Georgia (a 501c3 nonprofit) for the 2009 National High School Mock Trial Night Phone:______Championship in Atlanta Email:______

______Cash/Check (payable to Atlanta Thrashers) No. of Seats Price Total ______AmEx______Visa______MC______Disc (Circle One) Credit Card #:______$63 $31 $21 Exp.:______

Signature:______Plus Processing Fee: $5

Grand Total: ______Mail or Fax this form with payment to: Atlanta Thrashers Attn: Justin Gurney 101 Marietta St. NW Suite 1900 For Information Contact Justin Gurney at 404-878-3953; Atlanta, GA 30303 or [email protected] or Fax form to 404-222-2692 Stacy Rieke at 404-527-8779; [email protected]. ORDER FORM MAY BE DUPLICATED

Tickets available on a first come, first serve basis. South Georgia Office Tifton Hosts Bar Events

by Bonne Cella

homas Herman, co-chair of the Local Bar

Activities Committee and Tom Boller with T Capitol Partners Public Affairs Group, Inc., the State Bar of Georgia’s legislative consulting group, have been meeting with representatives of local bar associations throughout the state in an effort to “energize the troops.”

Representatives from the Alapaha, Dougherty, Douglas, Southwestern, Pataula, Tifton and Thomas

County Bar Associations met at the State Bar’s South Photo by Bonne Cella Georgia office in Tifton on Oct. 23 to garner essential Board Member Greg Fullerton (right) of Albany listens as Tom Boller information to take back to their local bar membership. encourages bar leaders to engage their legislators. Herman offered assistance from his committee and the many available resources from the State Bar of Georgia to Young Lawyers Division of the State Bar of Georgia. help energize local bar associations. To that end, two While the Atlanta counterparts enjoyed a tour of the Bar’s CDs have been produced for use at bar meetings and for educational museum, the participants in Tifton took a civic clubs. Contact Herman at [email protected] tour of the Bar Center via a PowerPoint presentation. This or Sarah Coole at [email protected] if you want a copy for workshop for teachers was organized by Christine your group. Ledvinka, law-related education coordinator of the Carl State Bar of Georgia Past President Rob Reinhardt of Vinson Institute of Government. Tifton reviewed the Foundations of Freedom initiative Ed Lightsey, a senior correspondent for Georgia that is designed to inform the public on the role of Trend magazine, regaled members of the Tifton Circuit lawyers and judges in preserving our constitutional Bar Association at their meeting when he recounted his democracy. Reinhardt urged the bar leaders to help career in journalism covering high profile criminal inform the public that a strong and independent judici- cases in Georgia. His recently published book, ary is vital to our democracy and our way of life. Flashback: The First Fifty Years of WALB-TV, is both a Tom Boller agreed that there is a public information brief history of the early days of television in South deficit, noting that in a recent study many Americans Georgia and a remembrance of his 10 years as a televi- could not even name the three branches of govern- sion reporter and anchor. For three seasons during the ment. He also stated that non-lawyers are dominating 1970s, Ed hosted the Peabody Award-winning series the Georgia legislature. Bar leaders were encouraged to “The Lawmakers” on Georgia Public Television. engage their legislators, invite them to bar events and Following 10 years as WALB’s capital correspondent, to get the judges involved in improving the relation- Ed became the administrative assistant to Georgia’s ship with the non-lawyer legislators. Speaker of the House at the time, Tom Murphy. Also in a law-related education effort, a high school teacher’s workshop was held at the South Georgia Office. Bonne Cella is the office administrator for Joining the Bar Center through satellite TV, 10 South the South Georgia office of the State Bar Georgia teachers were introduced to such topics as the of Georgia. law of torts, the court system, jury selection and stereo- typing. Each teacher was given the book An Introduction to Law in Georgia which was compiled by members of the

58 Georgia Bar Journal The Lawyer Assistance Program of the State Bar of Georgia

This free program provides confidential assistance to Bar members whose personal problems may be interfering with their ability to practice law. Such problems include stress, chemical dependency, family problems and mental or emotional impairment. Have you? > Felt tired of being all things to all people? > Felt a lack of confidence in yourself and your ability to cope? > Felt overwhelmed by the stresses of managing your personal and professional lives? > Turned to alcohol or drugs to try and escape the Weekly recovery meeting for lawyers are held pressures you are feeling? on Tuesday evenings from 7 to 9 p.m. Meetings are held at the Families First main If the answer to any of these office at 1105 West Peachtree Street in questions is yes, maybe it is Atlanta. For more information, please contact time you took a few minutes Steve Brown at 404-853-2850. to put your needs first.

The Lawyer Assistance Program is available to help Confidential Hotline: you. Call confidentially 800-3327-99631. 800-327-9631 Section News

Justice Thomas Visits Bar Center by Johanna B. Merrill

he Intellectual Property Law Section held

several luncheon lectures this fall, including a T Trademark Committee sponsored CLE luncheon on Oct. 3 with special guest speaker from the

U.S. Patent and Trademark Office, Lynne G. Beresford, commissioner for trademarks. Commissioner Beresford discussed current happenings at the Trademark Office with approximately 50 attendees. The section is grateful to Rep. Tom Price for his assistance securing Beresford’s Photos by Johanna B. Merrill U.S. Supreme Court Associate Justice Clarence Thomas addresses presence at the luncheon. attendees at the first 11th Circuit Appellate Practice Institute held at the Bar Center on Oct. 26-27. On Oct. 25 the IP Law Section’s Litigation Committee, chaired by Tina McKeon, held a discussion luncheon for new patent litigators on the patent rules for Southeast Agriculture” with the agriculture comin the Northern District. Chief Judge Jack Camp of the missioners of Georgia and South Carolina and their Northern District of Georgia, Steven Moore of general counsel serving as panelists. The section donat- Kilpatrick Stockton and Claus Melarti of Duane Morris ed $1,500 to AALA to defer the travel expenses of were the panel speakers. The IP Law Section Georgia and South Carolina law students attending the Trademark Committee, chaired by Brad Groff, hosted conference. In his introductory remarks that preceded another luncheon lecture on Nov. 14 regarding the Sen. Chambliss’ speech, AALA President Donald Newly-Enacted Trademark Dilution Revision Act of Uchtmann thanked the section for its efforts. 2006. Panelists included Scott Creasman of Powell The Technology Law Section hosted the 21st Annual Goldstein LLP, Jerre Swann of Kilpatrick Stockton, LLP Technology Law Institute at the Bar Center on Oct. 17. and Mike Hobbs of Troutman Sanders LLP. Ted Davis The day-long program offered seven CLE credits, of Kilpatrick Stockton, LLP, moderated the panel. including one ethics and two trial practice credits, and The Agriculture Law Section participated in the featured nationally and internationally known speakers American Agricultural Law Association (AALA) such as Ian Ballon, Nick Holland and Sean Carter. Conference in Savannah, Ga., Oct. 13-14. Section Chair Following the Institute, the section sponsored a wine Allen Olson introduced the conference’s keynote tasting and networking event at McCormick & speaker, Sen. Saxby Chambliss. Olson also moderated Schmick’s at CNN Center that was open to all members the section-sponsored panel on “Current Legal Issues of the section and all Institute attendees.

60 Georgia Bar Journal Amy Weil, U.S. attorney and Appellate Practice Section Chief Judge Jack Camp, Steven Moore and Claus Melarti lead a member, welcomes attendees to the 11th Circuit Appellate luncheon lecture on “basics” for new patent litigators sponsored by Practice Institute on Oct. 26. the Intellectual Property Law Section on Oct. 25.

The Appellate Practice Section, questions from the audience on Steak House the night prior to the along with the Appellate Practice such topics as appellate advocacy, seminar. Sections of the Alabama and amicus briefs, judicial independ- The Entertainment & Sports Florida Bar Associations and ICLE, ence and the “human institution” Law Section hosted a quarterly sponsored the inaugural 11th of the U.S. Supreme Court. CLE luncheon at Taurus Restaurant Circuit Appellate Practice Institute Members of the Creditors’ in Buckhead on Nov. 15. The pro- at the Bar Center on Oct. 26-27. Rights Section gathered at gram titled “Protect the Mark! Anti- U.S. Supreme Court Associate Maggiano’s Little Italy Restaurant dilution, branding and other hIP Justice Clarence Thomas, who is in Buckhead on Oct. 27 for a CLE topics” featured speaker Charlie the Supreme Court justice luncheon featuring guest speaker Henn, a partner with Kilpatrick assigned to the 11th Circuit, was Mark Harper, clerk for the Fulton Stockton, LLP, who practices in the the keynote speaker on Oct. 26. County State Court. Harper dis- Intellectual Property Group. Eleventh Circuit Senior Judge cussed the new e-filing option that Phyllis Kravitch, a fellow the court is offering. Johanna B. Merrill is Savannahian and long-time friend, The Bankruptcy Law Section the section liaison for introduced Thomas, who told the sponsored their annual dual-track the State Bar of approximately 200 appellate bar Consumer and Business Bank- Georgia and is a attendees that he was glad to be ruptcy Institute on Nov. 10 at the contributing writer to “home.” Thomas was recently Bar Center. Section officer Shayna the Georgia Bar appointed to the 11th Circuit after Steinfeld chaired the program. The Journal. She can be reached at Justice Anthony Kennedy moved section also hosted a speaker and to the 9th Circuit. Thomas fielded judge’s dinner at Ruth’s Chris [email protected].

December 2006 61 Professionalism Page

Professionalism– Even with Your Adversary

by Dick Donovan

Lawyers who are litigators often charge to the courthouse But lawyers, the men and women who are members “to do battle.” Yet, even in a clearly adversarial situation, of the “Legal Profession” are, in a way, still unique. lawyers are expected to be professional in dealing with each Regardless of the bad jokes and sometimes bad press other, as well as the judiciary, their clients and the public. from the fourth estate, lawyers, are a valued and indis- Being professional may seem to come at a personal, but nec- pensable part of our modern society, and for that rea- essary, cost. Dick Donovan, chair of the State Bar’s son, the need for all of us to be constantly aware of our Committee on Professionalism, shares his thoughts on defin- duty to engage in professionalism is imperative, and ing professionalism in an adversarial context. must be a fundamental part of our everyday practice. You have heard the term “character” defined as ince the Middle Ages, there were four pro- doing the right thing even when no one will ever know about it. Ethics and ethical behavior are sometimes fessions, or Estates—Medicine, Law, similarly defined. In defining “professionalism” one must not confuse ethics and professionalism. Lawyers Religion and, of course, the fourth estate, are bound to ethical behavior by our Rules of S Professional Responsibility. But no one but you will Journalism. These were the callings commonly referred ever require that a lawyer be professional or act in a professional manner; no one will require professional- to as “professions”—other vocations were simply ism of the attorney—except that same attorney. As former Chief Justice Harold Clarke of the Supreme Court referred to as just that: they were vocations or trades. of Georgia has said, “Professionalism differs from legal ethics in the sense that ethics is a minimum standard A man who worked “in trade” was considered a required of lawyers while professionalism is a higher lesser class, even if he were an artisan, like Paul Revere. standard expected of all lawyers.”1 Silversmiths, sculptors, painters or furniture makers, What is this “professionalism”? In the Middle Ages were not “professionals,” not members of a recognized and before, chivalry was a code of behavior that gov- profession. The professionals—lawyers, doctors, cler- erned certain relations between people. It is recalled as gymen and journalists—were held in higher esteem by the cape thrown across a mud puddle so a lady could all of society, and the term profession was limited to cross a street without getting her feet dirty. But it was the four estates. of course much more. It meant that a knight in combat In the last 200 years, practitioners of other vocations who had knocked an opponent from his horse would have become known as professionals, and the term then himself dismount so that they could fight on a “professional” in today’s lexicon can refer to any per- level field, face to face. It meant that a combatant son who specializes, or even one who has a license whose opponent dropped his lance would stop and from a government agency or board. So the term “pro- wait until the weapon was restored to his adversary fession” and “professional” are applied to a variety of before continuing the fight. Chivalry transcended the businesses and individuals. Georgia began some years adversarial relationship, and so must professionalism ago to define a professional as anyone licensed by the in the practice of law. state for a particular employment, including engineers, Professionalism is more easily demonstrated by police officers, and the like. Anyone who must obtain example than by a definition in words. Professionalism and possess a license to follow a particular trade or line is the lawyer calling opposing counsel to point out an of work is, by our own state law, a “professional.” upcoming deadline, or to agree to an extension of time

62 Georgia Bar Journal for some response. It is that act on Generals John Bell Hood and expressed his astonishment at the part of a lawyer in dealing with Joseph E. Johnston. They were Johnston’s act of respect and sug- members of the public, with other Sherman’s bitter enemies, and they gested he cover his head to protect lawyers or members of the judici- engaged with Sherman in some of himself from the weather. ary, which is altogether and at the the hardest-fought, bloodiest bat- Johnston’s reply is the embodiment same time fair, considerate, tles of the War. of professionalism. He said, “If I straightforward and demonstrative Gen. William Tecumseh were in his place, and he were of the proper attitude of one pro- Sherman went on to become an standing here in mine, he would fessional to another. It is what Indian fighter, and Gen. Johnston not put on his hat!” Johnston died marks an attorney at law as a pro- was repatriated, as was Gen. Hood. 10 days later of pneumonia. fessional and sets the lawyer apart All three of these generals were That’s professionalism. from others. graduates of West Point Military During the Civil War, the Academy, and they were all, by Dick Donovan is a Atlanta Campaign consisted of a any standards, “professionals” in partner in the number of skirmishes, small the truest sense of the word. They Douglasville firm of engagements and five major bat- were professional soldiers, profes- Donovan Chambers, tles. The Union and Confederate sionals at the art of war, but profes- P.C., and chair of the armies fought all over what is now sionals nonetheless. State Bar’s Committee the metro area, from Chattanooga Just how did these generals on Professionalism. down to Kennesaw, Marietta, demonstrate professionalism? In Paulding, Cobb, and into Atlanta, 1891 at the funeral for Gen. Endnote and then of course, Gen. Sherman Sherman, outside the church in began his infamous March to the New York, as his flagged-draped 1. Interview With Chief Justice Sea at Savannah. Sherman’s pri- coffin was carried out, Sherman’s Clarke, Decatur-DeKalb Bar mary opponents in these battles in old adversary Joseph E. Johnston Quarterly, May 24, 1990. Tennessee, Georgia and the stood at attention, bareheaded, in a Carolinas were Confederate cold rain. A friend of Johnston’s

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December 2006 63 In Memoriam

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

John M. Ballenger Lawrence J. McEvoy Jr. Paul H. Roney, 85, of St. Alexandria, Va. Atlanta, Ga. Petersburg, Fla., died in Admitted 1983 Admitted 1965 September. Judge Roney rose to Died October 2005 Died July 2006 prominence as chief judge of the 11th U.S. Circuit Court of Appeals Maurice S. Barnett Betty Jane Moore and influenced scores of young Macon, Ga. Atlanta, Ga. lawyers during his more than Admitted 1979 Admitted 1975 three decades on the bench, “He Died March 2006 Died June 2006 was what you would call a lawyer’s lawyer,” said Pinellas Dupont K. Cheney William E. Otwell Senior Circuit Judge Robert Beach, Hinesville, Ga. Austell, Ga. his former law partner. “But he Admitted 1971 Admitted 1958 was also an outstanding judge.” Died February 2006 Died September 2006 His no-nonsense, direct legal style had a lasting influence on the way Steven C. Ellingson James M. Rea opinions are written in the 11th Atlanta, Ga. Clarksville, Ga. Circuit, which is based in Atlanta. Admitted 1991 Admitted 1966 Judge Roney was at one time con- Died February 2006 Died May 2006 sidered a potential nominee for the U.S. Supreme Court. Although J. Sidney Flowers Paul H. Roney that appointment never came, his Hinesville, Ga. St. Petersburg, Fla. colleagues said he was admired Admitted 1961 Died September 2006 well beyond the 11th Circuit. Died August 2006 Judge Roney considered his law Bernard H. Rounds clerks his extended family, and Fredric D. Friss Athens, Ga. many flourished under his tute- Bedford, Tex. Admitted 1975 lage. They now include some of Admitted 1974 Died May 2006 the most influential legal minds in Died February 2006 Florida and the country, including Franklin L. Simpson Jr. the former U.S. ambassador to the Lewis M. Groover Jr. Fredericksburg, Va. United Kingdom, Phillip Lader. Ludowici, Ga. Admitted 1977 He also inspired loyalty in his Admitted 1970 Died August 2006 assistants. Estelle Sparks served as Died February 2006 his secretary for 34 years before Joseph E. Valloton retiring in 1998. Judge Roney was Sylvia S. Huskins Valdosta, Ga. a longtime pioneer for civil rights Eatonton, Ga. Admitted 1970 and helped racially integrate the Admitted 1985 Died May 2006 Bar Association in St. Petersburg Died August 2006 as a young lawyer. When he Herbert B. Zachry became a judge, he hired clerks of Bobbin L. Lowery Atlanta, Ga. various ethnic backgrounds and Atlanta, Ga. Admitted 1962 then encouraged them to set aside Admitted 1974 Died June 2006 their biases when considering Died May 2006 cases. The judge urged them to

64 Georgia Bar Journal take seriously cases involving divided with the creation of the American Cancer Society, St. inmates complaining about bad Atlanta-based 11th Circuit court Petersburg Chamber of Commerce, prison conditions. Born in Illinois, hearing cases from Florida, Child Guidance Clinic and Science Paul Hitch Roney lived in St. Georgia and Alabama. Judge Center of St. Petersburg. He was Petersburg from the age of 4. After Roney became one of the 12 origi- also a trustee of the Museum of attending St. Petersburg Junior nal judges. In September 1986, he Fine Arts and an elder at First College, he earned a bachelor’s was named chief judge, a post he Presbyterian Church. In addition to degree in economics from the held for three years. Judge Roney his wife of 58 years, Judge Roney is University of Pennsylvania and a was known for his concise opin- survived by his three children, law degree from Harvard ions, which always included an Susan M. Roney; Paul Hitch Roney University. In New York, he prac- introductory paragraph that clear- Jr.; and Timothy Eustis Roney; ticed law in the 1940s, then ly explained the court’s position. seven grandchildren and two returned to St. Petersburg where he His pragmatic demeanor carried great-grandchildren. worked in several firms until he over to the courtroom, where opened his own office in 1957. He Judge Roney developed a reputa- never had “a burning desire” to be tion for asking sharp questions. He a judge, he once said. “I would was also exceptionally active in the have been perfectly happy to prac- community. He was past president tice law the rest of my life,” he said. of the St. Petersburg Junior Yet before he was 50 he found him- Chamber of Commerce; the St. self appointed by President Petersburg Council of Human For information regarding the Richard M. Nixon to the 5th U.S. Relations; the Family and placement of a memorial, Circuit Court of Appeals, the New Children’s Service Bureau and the please contact the Lawyers Orleans-based court with jurisdic- Community Welfare Council. A Foundation of Georgia at tion over cases from Florida, former director and vice president 404-659-6867 or 104 Georgia, Alabama, Texas, of the South Pinellas Chapter of the Marietta St. NW, Suite 630, Louisiana and Mississippi. Eleven American Red Cross, Judge Roney Atlanta, GA 30303. years later, the jurisdiction was also belonged to the Suncoasters,

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December 2006 65 Book Review

Sorcerers’ Apprentices: 100 Years of Law Clerks at the United States Supreme Court by Artemus Ward and David L. Weiden, New York University Press, 337 pages

reviewed by Marcus D. Liner

orcerers’ Apprentices: 100 Years of Law Clerks

at the United States Supreme Court, by S Artemus Ward and David L. Weiden, is an exhaustive examination of the institution of law clerks at the nation’s highest court. Although other books have explored various aspects of clerks’ positions, lives or influence on the justices for whom they work, it is likely that none is as empirical in its research or its findings. What the book may lack in page-turning intrigue, however, it makes up in its insightful analysis of the evolution of clerks in the Supreme Court and some of the trends with respect to the role they have played in the business of the Court.

Ward and Weiden—professors at Northern Illinois University and Illinois State University, respectively—base their work on documents found in the Supreme Court archives and in hundreds of boxes of personal papers of Justices Powell, Blackmun, Marshall and others. From these materials, the decision-making process at the Court. Of particular authors extract and include in the book numerous note is a pair of memoranda in the appendices from excerpts from memos between the clerks and their two of Justice Blackmun’s clerks to him during the justices, as well as among the clerks and justices them- Court’s consideration of Planned Parenthood v. Casey, selves. These passages give fascinating insight into the 1992 landmark abortion rights case. the close relationship between justice and clerk, the Of all the painstaking research, however, the data thought processes that take place in chambers, the that set Sorcerers’ Apprentices apart from the rest are the backdoor politicking, and, perhaps most significantly, comprehensive results of the authors’ interviews with the level of influence that clerks have in the judicial and written surveys collected from more than 150 for-

66 Georgia Bar Journal mer Supreme Court clerks. The wrote a memo for all justices. This outcome of a case. But the authors surveys (a copy of which is includ- replaced the previous practice of find that clerks do wield a greater ed in the appendices) requested having nine clerks (one from each measure of influence with certio- that clerks rate, on a five-point chambers) review each petition and rari decisions and with the legal scale, their perceptions regarding a draft a memo solely for their own and stylistic content of opinions. number of detailed facets of their justice, thereby greatly mitigating Ultimately, the authors conclude role in their justice’s chambers, an extremely time-consuming that “the influence of the clerk is their relationship with the justice, process for clerks and freeing them neither negligible nor total.” and their influence in affecting up to focus on the drafting of opin- Sorcerers’ Apprentices, while dense, their justice’s opinions. The depth ions. In addition to extensive packed with raw data and occasion- of the questionnaire, as well as the research and writing cert and bench ally tedious to digest, is at the same numeric, close-ended nature of the memos, today’s clerks often write time exceptionally informative in responses, allowed the authors to first drafts of opinions and then tracing the history of the institution analyze the answers statistically, participate in the revision process. of the Supreme Court clerks. The plot them on a myriad of charts The authors assert in Sorcerers’ book offers a uniquely insightful and graphs, and track trends across Apprentices that because of this analysis of the evolution of both the decades of clerks. increased responsibility, more job and the influence that clerks One of the primary findings pre- recent Supreme Court clerks feel have on the Court’s decisions. sented in Sorcerers’ Apprentices is they have greater influence over that the influence that clerks per- the decision-making process than Marcus D. Liner is the ceive they have on their bosses has their predecessors. However, the editor-in-chief of the increased over the years as clerks results indicate that this increase Georgia Bar Journal have gradually assumed additional has been slight, primarily because and Division General responsibilities within the justices’ even modern day clerks perceive Counsel at Global chambers. When the Supreme their ultimate influence over the Payments Inc. He can Court first began using law clerks justice to be quite weak, especially be reached at Marc.Liner@global in 1882, their role was strictly with respect to their ability to administrative in nature, and a change the justice’s mind on the pay.com. clerk was essentially just a stenog- rapher and secretary. During this time it was common for attorneys to learn the law not solely from formal studies in law school, but also (or instead) by “reading” the law as an apprentice to a practicing attorney. The authors suggest that this apprentice model served as the underpinning of the Court’s utiliza- tion of clerks. By the 1920s and 30s clerks were regularly performing legal research for their justice as a part of their apprenticeship. In the three decades that followed, the number of clerks increased to two per justice and clerks began writing memos detailing petitions for certiorari to the Court as well as “bench memos”—short summaries of cases to be tried before the Court. By the 1970s the caseload at the Supreme Court had skyrocketed, and the number of clerks allotted to each justice was increased to three and then to four. In 1972 the cert pool was created, meaning that each petition for certiorari was reviewed by a single clerk who

December 2006 67 CLE Calendar December-January

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68 Georgia Bar Journal CLE Calendar

DEC 5 Lorman Education Services DEC 7 Lorman Education Services Recent Trends of Women in the The Independent Contractor Workplace Relationship-How It is Established Teleconference Teleconference 1.5 CLE Hours 1.5 CLE Hours

DEC 6 ICLE DEC 7 Lorman Education Services Evolution of Crime in the 21st Century Increasing Real Estate Equity Capital Atlanta, Ga. Sources Bootcamp 6 CLE Hours Teleconference 1.5 CLE Hours DEC 6 Practising Law Institute PLI’s California Marathon 2006 DEC 7 ICLE in Georgia Online Trial Advocacy Satellite Rebroadcast 6 CLE Hours Statewide, Ga. 6 CLE Hours DEC 6 Lorman Education Services Internet and E-Mail—Monitoring DEC 7 ICLE Employee Conduct Handling Administrative Licensing and Teleconference Disciplinary Matters 1.5 CLE Hours Atlanta, Ga. 6 CLE Hours DEC 6 Lorman Education Services Drafting Clear and Enforceable DEC 7 Lorman Education Services Commercial Contracts Increasing Real Estate Equity Capital Teleconference Sources Bootcamp 1.5 CLE Hours Teleconference 1.5 CLE Hours DEC 6 Lorman Education Services Understanding Autism Spectrum DEC 7-8 ICLE Disorders-Assessment and Diagnosis Defense of Drinking Drivers Institute Teleconference Atlanta, Ga. 1.5 CLE Hours 13.5 CLE Hours

DEC 7 Lorman Education Services DEC 8 Lorman Education Services Water Rights and Water Quality What You Need to Know About Crisis Interrelationships and Implications Intervention Techniques Teleconference Atlanta, Ga. 1.5 CLE Hours 6 CLE Hours

DEC 7 ICLE DEC 8 ICLE Great Adverse Depositions Attacking the Expert’s Opinion Atlanta, Ga. Atlanta, Ga. 6 CLE Hours 6 CLE Hours

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December 2006 69 CLE Calendar December-January

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DEC 11 Lorman Education Services DEC 13 Lorman Education Services First Amendment Issues in Public Internal Controls Schools Teleconference Teleconference 1.5 CLE Hours 1.5 CLE Hours DEC 13 Lorman Education Services DEC 12 NBI, Inc. Recent Developments and Innovative Advanced Workers’ Compensation Deal Structures Atlanta, Ga. Teleconference 6 CLE Hours 1.5 CLE Hours

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70 Georgia Bar Journal CLE Calendar

DEC 13 Lorman Education Services DEC 14 NBI, Inc. Avoiding OSHA Citations and Liabilities Real Estate Law—Advanced Issues and Teleconference Answers 1.5 CLE Hours Atlanta, Ga. 6 CLE Hours DEC 13 The American Bar Association Ethical Aspects of Providing Legal DEC 14 Lorman Education Services Advice and Legal Information Electronic Discovery and Document Teleconference Storage—Management 1 CLE Hours Teleconference 1.5 CLE Hours DEC 13 NBI, Inc. Using Mechanic’s Lien to Get Your DEC 14 Lorman Education Services Money ERISA—Group Benefits Claims Atlanta, Ga. Litigation 6 CLE Hours Teleconference 1.5 CLE Hours DEC 14 ICLE Criminal Laws Satellite Rebroadcast DEC 14 ICLE Statewide, Ga. Selected Video Replay 6 CLE Hours Atlanta, Ga. 6 CLE Hours DEC 14 NBI, Inc. Plaintiff’s Personal Injury—Practice Tips DEC 14 ICLE and Application Hot Tax Topics for the Business Attorney Various Locations, Ga. Atlanta, Ga. 6 CLE Hours 6 CLE Hours

DEC 14 Lorman Education Services DEC 15 ICLE Health Insurance Basics for Employers Selected Video Replay Teleconference Atlanta, Ga. 1.5 CLE Hours 6 CLE Hours

DEC 14 Lorman Education Services DEC 15 ICLE Practical Considerations and Concerns in Recent Developments Construction Law Atlanta, Ga. Teleconference 6 CLE Hours 1.5 CLE Hours DEC 15 ICLE DEC 14 Lorman Education Services Matrimonial Law Trucking Litigation and DOT Atlanta, Ga. Regulations 6 CLE Hours Atlanta, Ga. 6 CLE Hours DEC 15 ICLE Labor & Employment Law Atlanta, Ga. 6 CLE Hours

December 2006 71 CLE Calendar December-January

DEC 15 Lorman Education Services DEC 21 NBI, Inc. Taking and Defending Effective E-Discovery—Get Ready to Apply the Depositions New FRCP Changes Teleconference Atlanta, Ga. 1.5 CLE Hours 6 CLE Hours

DEC 15 Lorman Education Services DEC 29 Georgia Society of Certified Public Financial Management Tools Accountants Teleconference New Finance and Management 1.5 CLE Hours Accounting Seminar Atlanta, Ga. DEC 15 Lorman Education Services 6.6 CLE Hours Board Government Teleconference JAN 5 ICLE 1.5 CLE Hours Keys to Effective Trial Advocacy Atlanta, Ga. DEC 18 NBI, Inc. 6 CLE Hours Successful Financial Settlements for Your Divorce Client JAN 11 ICLE Atlanta, Ga. Negotiated Corporate Acquisitions 6 CLE Hours Atlanta, Ga. 6 CLE Hours DEC 18 Lorman Education Services Legal Ethics JAN 11 ICLE Teleconference Advanced Slip and Fall 1.5 CLE Hours Atlanta, Ga. 6 CLE Hours DEC 19 Lorman Education Services The Most Common Mistakes Made By JAN 9 NBI, Inc. Qualified Plan Sponsors Advanced LLC Issues Teleconference Atlanta, Ga. 1.5 CLE Hours 6.7 CLE Hours

DEC 19 NBI, Inc. JAN 10 Lorman Education Services Managing Ethical Issues in Your Day-to- Real Estate Law From A to Z Day Practice Atlanta, Ga. Atlanta, Ga. 6.2 CLE Hours 3 CLE Hours JAN 11 Lorman Education Services DEC 21 The American Bar Association How Business Strategies Drive The Effective Associates Training and Trademark Management Development Teleconference Teleconference 1.5 CLE Hours 1.2 CLE Hours

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72 Georgia Bar Journal CLE Calendar

JAN 11 Lorman Education Services JAN 19 ICLE Form 990 and Unrelated Business Income The Art of Effective Speaking for Lawyers Teleconference Atlanta, Ga. 1.5 CLE Hours 6 CLE Hours

JAN 12 ICLE JAN 19 ICLE Winning Settlement Demand Packages Hot Topics for Tax Attorneys and CPA’s Atlanta, Ga. (Tentative) 6 CLE Hours Atlanta, Ga. 6 CLE Hours JAN 12 ICLE So Little Time, So Much Paper JAN 19 ICLE Atlanta, Ga. Plaintiff’s Personal Injury Live Satellite 3 CLE Hours Broadcast Statewide, Ga. JAN 12 ICLE 6 CLE Hours Employment Law Atlanta, Ga. JAN 25 ICLE 6 CLE Hours Plaintiff’s Personal Injury Satellite Rebroadcast JAN 12 ICLE Statewide, Ga. Trial Advocacy Satellite Rebroadcast 6 CLE Hours Statewide, Ga. 6 CLE Hours JAN 25 ICLE Family Law Convocation on JAN 12 Lorman Education Services Professionalism Current Issues in the Battle of the Forms Atlanta, Ga. Teleconference 3 CLE Hours 1.5 CLE Hours JAN 25 ICLE JAN 17 Lorman Education Services White Collar Crime Legal Aspects of Condomimium, Planned Atlanta, Ga. Unit Developments 6 CLE Hours Albany, Ga. 6 CLE Hours JAN 26 ICLE Theory to Verdict JAN 18 ICLE Atlanta, Ga. Eminent Domain 6 CLE Hours Atlanta, Ga. 6 CLE Hours JAN 26 ICLE Writing to Persuade JAN 18 ICLE Atlanta, Ga. Winning Depositions 6 CLE Hours Atlanta, Ga. 6 CLE Hours JAN 26 ICLE Nuts & Bolts of Business Law Live Satellite Broadcast Statewide, Ga. 6 CLE Hours

December 2006 73 Notices

First Publication of Amended Proposed Formal Advisory Opinion No. 05-7

Formal Advisory Opinion No. 93-2, issued by the posed opinion with the Formal Advisory Opinion Supreme Court of Georgia on June 7, 1993, provides Board at the following address: an interpretation of the Standards of Conduct and Directory Rules (DRs). On June 12, 2000, the Supreme State Bar of Georgia Court of Georgia issued the Georgia Rules of 104 Marietta Street, N.W. Professional Conduct, which became effective on Suite 100 January 1, 2001, replacing the Standards of Conduct. Atlanta, Georgia 30303 The Canons of Ethics, including Ethical Attention: John J. Shiptenko Considerations and Directory Rules, were deleted in their entirety. An original and twenty (20) copies of any comment to the proposed opinion must be filed with the Formal It is the opinion of the Formal Advisory Opinion Advisory Opinion Board, through the Office of the Board that the substance and/or conclusion reached General Counsel of the State Bar or Georgia, by under Formal Advisory Opinion No. 93-2 has changed December 15, 2006, in order for the comment to be con- due to the Georgia Rules of Professional Conduct. sidered by the Board. Any comment to a proposed Accordingly, the Formal Advisory Opinion Board has opinion should make reference to the number of the redrafted Formal Advisory Opinion No. 93-2. Proposed proposed opinion. After consideration of comments Formal Advisory Opinion No. 05-7 is a redrafted version received from State Bar members, the Formal Advisory of Formal Advisory Opinion No. 93-2. Proposed Formal Opinion Board will make a final determination of Advisory Opinion No. 05-7 addresses the same question whether the opinion should be issued. If the Formal presented in Formal Advisory Opinion No. 93-2; how- Advisory Opinion Board determines that an opinion ever, it provides an interpretation of the Georgia Rules should be issued, final drafts of the opinion will be of Professional Conduct. published, and the opinion will be filed with the Supreme Court of Georgia. Proposed Formal Advisory Opinion No. 05-7 was treated like a new opinion and appeared in the June 2005 issue of the Georgia Bar Journal for 1st publication PROPOSED FORMAL ADVISORY in compliance with Bar Rule 4-403(c). One comment OPINION NO. 05-7 regarding this opinion was received from a member of the Bar. After reveiwing the proposed opinion in light QUESTION PRESENTED: of the comment, the Formal Advisory Opinion Board amended Proposed Formal Advisory Opinion No. 05- Ethical considerations of an attorney representing an 7, and determined that the amended version should be insurance company on a subrogation claim and simul- placed in the Georgia Bar Journal for 1st publication. taneously representing the insured.

As such, the Formal Advisory Opinion Board has SUMMARY ANSWER: made a determination that the following amended proposed opinion should be issued. State Bar members A lawyer representing an insurance company on a only are invited to file comments to this amended pro- subrogation claim should not undertake the simultane-

74 Georgia Bar Journal ous representation of the insured on related claims, a fiduciary relationship, which must be respected with unless it is reasonably likely that the lawyer will be able respect to advising the insured as to other potential to provide adequate representation to both clients, and causes of action such as diminution of value and per- only if both the insurance company and the insured sonal injury. Rule 1.7(b); see also, Comment 10 (assur- have consented to the representation after consultation ing independence of counsel) and Comment 12 (com- with the lawyer, have received in writing reasonable mon representations permissible even with some dif- and adequate information about the material risks of ferences in interests). the representation, and have been given the opportunity to consult with the independent counsel. Rule 1.7, Question 3: Is there a conflict of interest in repre- Conflict of Interest: General Rule. senting the insured as to other potential causes of action? OPINION: In most instances no problem would be presented This inquiry addresses several questions as to ethical with representing the insured as to his deductible, propriety and possible conflicts between the representa- diminution of value, etc. Generally an insurance com- tion of the client, the insurance company, and its pany retains the right to compromise the claim, which insured. would reasonably result in a pro-rata payment to the insurance carrier and the insured. The attorney and Hypothetical Fact Situation the insurance company must be cautious to avoid taking any action, which would preclude the insured The insurance company makes a payment to its from any recovery to which the insured might other- insured under a provision of an insurance policy wise be entitled. Rule 1.7, Conflict of Interest: General which provides that such payment is contingent upon Rule, (b); see also, Comment 10 (assuring independ- the transfer and assignment of subrogation of the ence of counsel) and Comment 12 (common represen- insured’s rights to a third party for recovery with tations permissible even with some differences in respect to such payment. interest.) to Rule 1.7.

Question 1: May the attorney institute suit against A much more difficult problem is presented in the the tortfeasor in the insured’s name without getting event an attorney attempts to represent both an insur- the insured’s permission? ance company’s subrogation interest in property damage and an insured’s personal injury claim. In most Pursuant to the provisions of Rule 1.2(a), a lawyer cases the possibility of settlement must be considered. may not institute a legal proceeding without obtaining Any aggregate settlement would necessarily have to be proper authorization from his client. The ordinary pro- allocated between the liquidated damages of the subro- vision in an insurance policy giving the insurance com- gated property loss and the unliquidated damages of pany the right of subrogation does not give the lawyer the personal injury claim. Any aggregate settlement the right to institute a lawsuit in the name of the would require each client’s consent after consultation, insured without specific authority from the insured. and this requirement cannot be met by blanket consent The normal subrogation agreements, trust agreements prior to settlement negotiations. Rule 1.8(g); see also or loan receipts which are executed at the time of the Comment 6 to Rule 1.8. Only the most sophisticated of payment by the insurer usually give the insurance insureds could intelligently waive such a conflict, and company the right to pursue the claim in the insured’s therefore in almost all cases an attorney would be pre- name and depending upon the language may grant cluded from representing both the insurer and the proper authorization from the insured to proceed in insured in such cases. such fashion. Appropriate authorization to bring the suit in the insured’s name should be obtained and the In conclusion, a lawyer representing an insurance insured should be kept advised with respect to devel- company on a subrogation claim should not undertake opments in the case. the simultaneous representation of the insured on related claims, unless it is reasonably likely that the lawyer Question 2: Does the attorney represent both the will be able to provide adequate representation to both insured and the insurance company, and, if so, clients, and only if both the insurance company and the would he then have a duty to inform the insured of insured have consented to the representation after con- his potential causes of action such as for diminution sultation with the lawyer, have received in writing rea- of value and personal injury? sonable and adequate information about the material risks of the representation, and have been given the The insurance policy does not create an opportunity to consult with independent counsel. Rule attorney/client relationship between the lawyer or the 1.7(a) and (b). insurance company and the insured. There is, however,

December 2006 75 First Publication of Proposed Formal Advisory Opinion No. 05-13

Formal Advisory Opinion No. 93-1, issued by the PROPOSED FORMAL ADVISORY Supreme Court of Georgia on February 18, 1993, provides OPINION NO. 05-13 an interpretation of Standards of Conduct. On June 12, 2000, the Supreme Court of Georgia issued the Georgia QUESTION PRESENTED: Rules of Professional Conduct, which became effective on January 1, 2001, replacing the Standards of Conduct. The (1) Whether the designation “Special Counsel” may be Canons of Ethics, including Ethical Considerations and used to describe an attorney and/or law firm affiliated Directory Rules, were deleted in their entirety. with another law firm for the specific purpose of providing consultation and advice to the other firm in special- It is the opinion of the Formal Advisory Opinion ized legal areas: (2) and whether the ethical rules govern- Board that the substance and/or conclusion reached ing conflict of interest apply as if the firm, the affiliated under Formal Advisory Opinion No. 93-1 has changed attorney and the affiliated firm constitute a single firm. due to the Georgia Rules of Professional Conduct. Accordingly, the Formal Advisory Opinion Board has SUMMARY ANSWER: redrafted Formal Advisory Opinion No. 93-1. Proposed Formal Advisory Opinion No. 05-13 is a redrafted ver- It is not improper for a law firm to associate another sion of Formal Advisory Opinion No. 93-1. Proposed lawyer or law firm for providing consultation and Formal Advisory Opinion No. 05-13 addresses the same advice to the firm’s clients on specialized matters and to question presented in Formal Advisory Opinion No. 93- identify that lawyer or law firm as “special counsel” for 1; however, it provides an interpretation of the Georgia that specialized area of the law. The relationship Rules of Professional Conduct. This proposed opinion between the law firm and special counsel must be a will be treated like a new opinion and will be processed bona fide relationship. The vicarious disqualification and published in compliance with Bar Rule 4-403(c). rule requiring the additional disqualification of a partner or associate of a disqualified lawyer does apply to As such, pursuant to Rule 4-403(c) of the Rules and the outside associated lawyer or law firm. Regulations of the State Bar of Georgia, the Formal Advisory Opinion Board has made a preliminary deter- OPINION: mination that the following proposed opinion should be issued. State Bar members only are invited to file This opinion deals with the following questions: comments to this proposed opinion with the Formal Advisory Opinion Board at the following address: 1. May a law firm which associates a lawyer for providing consultation and advice to the firm’s clients State Bar of Georgia on specialized matters identify that lawyer as being, 104 Marietta Street, N.W. for example, “Special Counsel for Trust and Estate Suite 100 and Industrial Tax Matters?” Atlanta, Georgia 30303 Attention: John J. Shiptenko 2. May a law firm which associates another law firm for providing consultation and advice to the firm’s An original and twenty (20) copies of any comment to clients on specialized matters identify that law firm the proposed opinion must be filed with the Formal as being, for example, “Special Counsel for Tax and Advisory Opinion Board, through the Office of the ERISA Matters?” General Counsel of the State Bar or Georgia, by December 1 15, 2006, in order for the comment to be considered by 3. Should Rule 1.10, the vicarious disqualification the Board. Any comment to a proposed opinion should rule requiring the additional disqualification of a make reference to the number of the proposed opinion. partner or associate of a disqualified lawyer, apply to After consideration of comments received from State Bar outside associated lawyers and law firms? members, the Formal Advisory Opinion Board will make a final determination of whether the opinion The problem should be viewed from the standpoint should be issued. If the Formal Advisory Opinion Board of clients. Can the law firm render better service to its determines that an opinion should be issued, final drafts clients if it establishes such relationships? If the answer of the opinion will be published, and the opinion will be is yes, there is no reason such relationships cannot be filed with the Supreme Court of Georgia. created and publicized.

76 Georgia Bar Journal There is no Rule which would prohibit a law firm from Rule 1.10 and Comment 1 of the Rule make affilia- associating either an individual lawyer or law firm as spe- tions among lawyers or law firms less complex. Rule cial counsel and such association may be required by Rule 1.10 applies to entities other than associated lawyers and 2 1.1. While the American Bar Association has concluded law firms to include in addition to lawyers in a private that one firm may not serve as counsel for another (Formal firm, lawyers in the legal department of a corporation or Opinion No. 330, August 1972) this court declines to fol- other organization, or in legal services organizations. low that precedent. Moreover, a subsequent ABA opinion recognized that one firm may be associated or affiliated As set forth in Comment 1,4 two practitioners who with another without being designated “of counsel.” share office space and who occasionally assist each (Formal Opinion No. 84-351, October 20, 1984). In the other in representation of clients, may not regard them- view of this court, it is not improper to establish the type selves as a law firm. However, if they present them- of relationship proposed. If established, it must be identi- selves to the public suggesting that they are indeed a fied and identified correctly so that clients and potential firm, they may be regarded as a firm for purposes of clients are fully aware of the nature of the relationship. these Rules. Factors such as formal agreements between associated lawyers, as well as maintenance of mutual Finally, the relationship between the law firm and access to information concerning clients, may be rele- special counsel (whether an individual lawyer or a law vant in determining whether practitioners who are firm) must be a bona fide relationship that entails the use sharing space may be considered a firm under the Rule. of special counsel’s expertise. The relationship cannot be established merely to serve as a referral source. Any The third question is answered in the affirmative. In fees charged between special counsel and the law firm, light of the adoption of Rule 1.1, ethical rules governing of course, must be divided in accordance with the conflict of interest apply to entities and affiliations of 3 requirements of Rule 1.5. lawyers in a broader sense than what has traditionally been considered a “law firm.” The first two questions are answered in the affirmative. Endnotes The third question presents a more complex issue. 1. Rule 1.10 (a) While lawyers are associated in a firm, none of The Georgia vicarious disqualification rule is found- them shall knowingly represent a client when any one of ed on the lawyer’s duty of loyalty to the client. This them practicing alone would be prohibited from doing so by Rules 1.7: Conflict of Interest: General Rule, 1.8(c): duty is expressed in the obligations to exercise inde- Conflict of Interest: Prohibited Transactions, 1.9: Former pendent professional judgment on behalf of the client, Client or 2.2: Intermediary. and to decline representation or withdraw if the ability (b) When a lawyer has terminated an association to do so is adversely affected by the representation of with a firm, the firm is not prohibited from thereafter another client. Recognizing that the client is the client of representing a person with interests materially adverse the firm and that the duty of loyalty extends to all firm to those of a client represented by the formerly associat- members, it follows that the duty to decline or with- ed lawyer unless: draw extends to all firm members. Rule 1.10. (1) the matter is the same or substantially related to that in which the formerly associated lawyer represented the client; and Identifying an associated firm or lawyer is calculated (2) any lawyer remaining in the firm has informa- to raise the expectation in the mind of the client that the tion protected by Rules 1.6: Confidentiality of relationship is something more than casual. Indeed it is Information and 1.9(c): Conflict of Interest: Former calculated to convey to the client that the client’s matter Client that is material to the matter. is being handled by a unit made up of the associating (c) A disqualification prescribed by this rule may be and associated firm or lawyer, so that the expertise of waived by the affected client under the conditions stated all can be brought to bear on the problem. Accordingly, in Rule 1.7: Conflict of Interest: General Rule. in the situation presupposed in the hypothetical, the The maximum penalty for a violation of this Rule is clients of the associating firm become, for the purposes disbarment. of Rule 1.10, the clients of the associated firm or lawyer 2. Rule 1.1 and vice versa. The unit as a whole has a duty of loyalty A lawyer shall provide competent representation to to the client and must exercise independent profession- a client. Competent representation as used in this Rule al judgment on behalf of the client as an entirety. means that a lawyer shall not handle a matter which the lawyer knows or should know to be beyond the lawyer’s Reference should be made to Georgia Rules of level of competence without associating another lawyer Professional Conduct, Rule 1.10, imputed disqualifica- who the original lawyer reasonably believes to be com- tion; General Rule. Rule 1.10 discusses when an imput- petent to handle the matter in question. Competence ed disqualification can bar all attorneys at a firm or requires the legal knowledge, skill, thoroughness and office from representing a particular client. preparation reasonably necessary for the representation.

December 2006 77 The maximum penalty for a violation of this Rule is lawyer’s firm or law office, the amount of fee disbarment. received by each and the manner in which the division is determined. 3. Rule 1.5 (d) A lawyer shall not enter into an arrangement (a) A lawyer’s fee shall be reasonable. The factors to for, charge, or collect: be considered in determining the reasonableness of a fee (1) any fee in a domestic relations matter, the payment include the following: or amount of which is contingent upon the securing of (1) the time and labor required, the novelty and dif- a divorce or upon the amount of alimony or support, ficulty of the questions involved, and the skill requi- or property settlement in lieu thereof; or site to perform the legal service properly; (2) a contingent fee for representing a defendant in a (2) the likelihood that the acceptance of the particu- criminal case. lar employment will preclude other employment by (e) A division of a fee between lawyers who are not the lawyer; in the same firm may be made only if: (3) the fee customarily charged in the locality for (1) the division is in proportion to the services per- similar legal services; formed by each lawyer or, by written agreement with (4) the amount involved and the results obtained; the client, each lawyer assumes joint responsibility for (5) the time limitations imposed by the client or by the representation; the circumstances; (2) the client is advised of the share that each lawyer is (6) the nature and length of the professional rela- to receive and does not object to the participation of tionship with the client; all the lawyers involved; and (7) the experience, reputation, and ability of the (3) the total fee is reasonable. lawyer or lawyers performing the services; and The maximum penalty for a violation of this Rule is (8) whether the fee is fixed or contingent. a public reprimand. (b) When the lawyer has not regularly represented the client, the basis or rate of the fee shall be communi- 4. Comment 1 of Rule 1.10 cated to the client, preferably in writing, before or within [1] For purposes of these Rules, the term “firm” includes a reasonable time after commencing the representation. lawyers in a private firm, and lawyers in the legal depart- (c) (1) A fee may be contingent on the outcome of ment of a corporation or other organization, or in a legal the matter for which the service is rendered, except in a services organization. Whether two or more lawyers con- matter in which a contingent fee is prohibited by para- stitute a firm within this definition can depend on the graph (d) or other law. A contingent fee agreement shall specific facts. For example, two practitioners who share be in writing and shall state the method by which the fee office space and occasionally consult or assist each other is to be determined, including the percentage or percent- ordinarily would not be regarded as constituting a firm. ages that shall accrue to the lawyer in the event of settle- However, if they present themselves to the public in a ment, trial or appeal, litigation and other expenses to be way suggesting that they are a firm or conduct them- deducted from the recovery, and whether such expenses selves as a firm, they should be regarded as a firm for the are to be deducted before or after the contingent fee is purposes of the Rules. The terms of any formal agreement calculated. (2) Upon conclusion of a contingent fee mat- between associated lawyers are relevant in determining ter, the lawyer shall provide the client with a written whether they are a firm, as is the fact that they have statement stating the following: mutual access to information concerning the clients they (i) the outcome of the matter; and, serve. Furthermore, it is relevant in doubtful cases to con- (ii) if there is a recovery, showing the: sider the underlying purpose of the Rule that is involved. (A) remittance to the client; A group of lawyers could be regarded as a firm for pur- (B) the method of its determination; poses of the rule that the same lawyer should not repre- (C) the amount of the attorney fee; and sent opposing parties in litigation, while it might not be (D) if the attorney’s fee is divided with another so regarded for purposes of the rule that information lawyer who is not a partner in or an associate of the acquired by one lawyer is attributed to the other. Amendments to the Rules of the U.S. Court of Appeals

NOTICE OF AND OPPORTUNITY FOR A copy of the proposed amendments may be COMMENT ON AMENDMENTS TO obtained on and after December 1, 2006, from the court’s Web site at www.ca11.uscourts.gov. A copy THE RULES OF THE U.S. COURT OF may also be obtained without charge from the Office of APPEALS FOR THE 11th CIRCUIT the Clerk, U.S. Court of Appeals for the 11th Circuit, 56 Pursuant to 28 U.S.C. ‘ 2071(b), notice and opportu- Forsyth St., N.W., Atlanta, Georgia 30303 [phone: 404- nity for comment is hereby given of proposed amend- 335-6100]. Comments on the proposed amendments ments to the Rules of the U.S. Court of Appeals for the may be submitted in writing to the Clerk at the above 11th Circuit. street address by January 2, 2007.

78 Georgia Bar Journal Classified Resources

Books/Office Furniture & Equipment Practice Assistance

The Lawbook Exchange, Ltd. Buys, sells and apprais- Mining Engineering Experts Extensive expert witness es all major lawbook sets. Also antiquarian, scholarly. experience in all areas of mining—surface and under- Reprints of legal classics. Catalogues issued in print ground mines, quarries etc. Accident investigation, and online. Mastercard, Visa, AmEx. 800-422-6686; fax injuries, wrongful death, mine construction, 732-382-1887; www.lawbookexchange.com. haulage/trucking/rail, agreement disputes, product liability, mineral property management, asset and min- “LegalEats, A Lawyer’s Lite Cookbook” is a fun legal- eral appraisals for estate and tax purposes. Joyce themed cookbook, with easy to prepare gourmet Associates 540-989-5727. recipes, targeted to the legal community. A “must” for any lawyer with a demanding palate, “LegalEats” Appeals, Briefs – Motions, Appellate & Trial Courts, makes a great gift and is a welcome kitchen shelf addi- State, Civil & Criminal Cases, Post Sentence Remedies. tion. To order call toll-free 877-823-9235 or visit Georgia brief writer & researcher. Reasonable rates. 30 + www.amazon.com. years experience. Curtis R. Richardson, attorney; 404- 377-7760 or 404-825-1614; fax 404-377-7220; e-mail: cur- Property/Rentals/Office Space [email protected]. References upon request. For Sale: One, two or three floors (6,300 square feet each) of downtown office building located at corner Handwriting Expert/Forensic Document Examiner of Harris and Peachtree Streets above Peachtree Certified by the American Board of Forensic Document Center MARTA station, Mall and Food Court. Why Examiners. Former Chief, Questioned Documents, U.S. rent when you can own your space and build valu- Army Crime Laboratory. Member, American Society of able equity? Peachtree Street signage a possibility. Questioned Document Examiners and American 404-898-1123. Academy of Forensic Sciences. Farrell Shiver, Shiver & Nelson Document Investigation Laboratory, 1903 Lilac Smyrna Office for Sale: 1000 sqft and small lot. Ridge Drive, Woodstock, GA 30189, 770-517-6008. Zoned commercial, near Windy Hill and SCobb Dr. behind Bank of America. Reception, 2 offices, con- MEDICAL MALPRACTICE. We have thousands of ference, kitchen and 1 bathroom. Most cosmetics physician expert witnesses. Fast, affordable, flat-rate done: Dark Hardwoods, kitchen floor, paint, etc. referrals to board certified, practicing doctors in all spe- You finish electric and HVAC. Appraised at cialties. Your satisfaction GUARANTEED. Just need an $125,000 before renovations. $105,000 firm for quick analysis? Our veteran MD specialists can do that for you, close. Owner financing at $110,000 with $15K down. quickly and easily, for a low flat fee. Med-mal EXPERTS, Tanya 770-333-3301. Inc.; www.medmalEXPERTS.com; 888-521-3601.

Roswell Law Office Space Sharing. Furnished office Insurance Expert Witness. Former Insurance in suite with two other attorneys. Beautiful reception Commissioner and Property Casualty CEO. Expertise area and conference room in Wilton Office Park near includes malpractice, agent liability, applications, bad Hwy. 9 and Crossville. Call Jim Swain 770-500-3074 for faith, custom and practice, coverage, claims, duty of more information. Available immediately. care, damages, liability, CGL, WC, auto, HO, disability, health, life, annuities, liquidations, regulation, reinsur- I-85 at N. Druid Hills Road/Buford Highway. ance, surplus lines, vanishing premiums. Bill Hager, Practice with experienced attorneys, free parking, Insurance Metrics Corp, 561-995-7429. Visit modern space, referrals, available 1/1/07. Call 404- www.expertinsurancewitness.com. 321-7733. Experienced nurse case manager with extensive back- Space for Rent. Lawrenceville, one block from the ground in medical review and case management of courthouse, ideal for new attorneys, one or two offices, Worker’s Compensation, Disability, Social Security use of copier, DSL, law books, conference room. and Liability files consisting of thorough medical Contact Harold Holcombe, 770-962-4244 for more reviews with analysis addressing specific questions information. submitted by referring source. Contact D. Ogden at 770-653-6461 or via e-mail [email protected].

December 2006 79 Classified Resources

QDRO Problems? QDRO drafting for ERISA, military, Foreclosure Attorney needed to open national office for Federal and State government pensions. Fixed fee of southeast regional Real Estate Law Firm. Minimum 3-5 $685 (billable to your client as a disbursement) includes years experience. Salary and/or ownership interest com- all correspondence with plan and revisions. Pension mensurate with experience. Good opportunity with a fast valuations and expert testimony for divorce and mal- paced/fast growing law firm. Please include references practice cases. All work done by experienced QDRO with resume. E-mail to: [email protected]. If attorney. Full background at www.qdrosolutions.net. you would like more information on our company, visit QDRO Solutions, Inc., 2916 Professional Parkway, our website: BrockandScott.com. Augusta, GA 706-650-7028. Grad Looking for Legal Assistant Position. Emory Must sue or defend in Chicago? Emory ‘76 litigator is graduate (high GPA, 99 percentile LSAT, work and available to act as local counsel in state, district, and leadership experience) seeking position in a small bankruptcy courts. Contact John Graettinger, Gardiner, Decatur/Atlanta firm. Highly motivated, eager to Koch & Weisberg, 53 West Jackson Boulevard, Suite learn, willing to do a variety of tasks, and looking for a 950, Chicago, Illinois 60604; 312-362-0000. few years of practical experience. Will send resume and references. [email protected] or 304-281-8604. Positions Personal Injury or Workers’ Compensation Attorney. Well-established, successful Atlanta Plaintiff’s firm seek- Advertisers Index ing motivated Personal Injury or Workers’ Compensation AAA Attorney Referral Service...... 7 Attorney. Great Support, excellent financial opportunity ABA Retirement ...... 35 including benefits. Fax resume to OC at 800-529-3477. Arthur T. Anthony...... 31 Bull Hopson Darity & Worley Court Reporters ...... 9 Trial Counsel Wanted, South Georgia Atlanta plaintiff personal injury firm seeks experienced trial attor- Christopher H. Dunagan, Mediator ...... 37 ney to associate as lead counsel on an ongoing basis. Corporate Kits Plus ...... 53 Please send curriculum vitae/resume to P.O. Box Daily Report ...... 53 95902, Atlanta, 39347-0902. Daniels-Head Insurance ...... 63 Fusion Link ...... 67 Trial Counsel Wanted, Atlanta Metro Area Atlanta Gallery 63...... 25 plaintiff personal injury firm seeks experienced trial Georgia Lawyers Insurance Co...... IFC attorney to associate as lead counsel on an ongoing Georgia State University School of Law...... 16 basis. Please send curriculum vitae/resume to P.O. Box Gilsbar, Inc...... 65 95902, Atlanta, 39347-0902. Imbordino Polygraph Examinations...... 67 Insurance Specialists, Inc...... 1 Established New Orleans Litigation Firm is seeking an Jurisco, Inc...... 11 attorney with 4-12 years experience for hands-on commercial litigation work. Competitive salary, benefits, and Kotter Group ...... 55 bonus package offered to candidates desiring significant LandAmerica ...... 2 case responsibility within a collegial atmosphere. Must Lawyers Direct ...... 45 work well independently and have excellent writing and Lawyers USA...... 19 communication skills. Qualified applicants should submit LexisNexis ...... 15, 47 resume and writing sample to [email protected]. Mainstreet ...... 51 Minnesota Lawyers Mutual...... 49 Hall, Bloch, Garland & Meyer, LLP, Macon, GA is National Legal Research Group, Inc...... 14 seeking an attorney with one to three years experience Patterson, Thuente, Skaar & Christensen ...... 17 in the areas of taxation, estate planning and business SoftPro Corporation ...... 19 matters. Certified Public Accountant’s certificate South Georgia ADR ...... 11 and/or LLM preferred but not required. Candidates Springboard Consumer Credit Management ...... 61 must be licensed in the state of Georgia. Submit resume in confidence to: J. Patrick Meyer, Jr., Hall, Bloch, Suntrust ...... 29 Garland & Meyer, LLP, P.O. Box 5088, Macon, GA West Group ...... BC 31208-5088, e-mail [email protected].

80 Georgia Bar Journal Annual Fiction Writing Competition Deadline January 19, 2007 The editorial board of the Georgia Bar Journal is pleased to announce that it will spon- sor its Annual Fiction Writing Contest in accordance with the rules set forth below. The purposes of this competition are to enhance interest in the Journal, to encourage excellence in writing by members of the Bar, and to provide an innovative vehicle for the illus- tration of the life and work of lawyers. For further information, contact Sarah I. Coole, Director of Communications, State Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303; 404-527-8791.

Rules for Annual Fiction Writing Competition The following rules will govern the Annual Fiction 4. Articles should not be more than 7,500 words in Writing Competition sponsored by the Editorial length and should be submitted electronically. Board of the Georgia Bar Journal: 5. Articles will be judged without knowledge of the 1. The competition is open to any member in good author’s identity. The author’s name and State standing of the State Bar of Georgia, except Bar ID number should be placed on a separate current members of the Editorial Board. Authors cover sheet with the name of the story. may collaborate, but only one submission from 6. All submissions must be received at State Bar each member will be considered. headquarters in proper form prior to the close 2. Subject to the following criteria, the article may of business on a date specified by the Board. be on any fictional topic and may be in any form Submissions received after that date and time (humorous, anecdotal, mystery, science fiction, will not be considered. Please direct all sub- etc.). Among the criteria the Board will consider missions to: Fiction Writing Competition, Sarah in judging the articles submitted are: quality of I. Coole, Director of Communications, State writing; creativity; degree of interest to lawyers Bar of Georgia, 104 Marietta St. NW, Suite and relevance to their life and work; extent to 100, Atlanta, GA 30303. The author assumes which the article comports with the established all risks of delivery by mail. Or submit by e-mail reputation of the Journal; and adherence to to [email protected] specified limitations on length and other compe- 7. Depending on the number of submissions, the tition requirements. The Board will not consider Board may elect to solicit outside assistance in any article that, in the sole judgement of the reviewing the articles. The final decision, howev- Board, contains matter that is libelous or that er, will be made by majority vote of the Board. violates accepted community standards of good Contestants will be advised of the results of the taste and decency. competition by letter. Honorable mentions may 3. All articles submitted to the competition be announced. become the property of the State Bar of 8. The winning article, if any, will be published. Georgia and, by submitting the article, the The Board reserves the right to edit articles author warrants that all persons and events and to select no winner and to publish no arti- contained in the article are fictitious, that any cle from among those submitted if the submis- similarity to actual persons or events is purely sions are deemed by the Board not to be of coincidental and that the article has not been notable quality. previously published. Don’t you wish you could KeyCite anything?

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