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Charles L. Ruffin 51St State Bar President How Does Your Firm Face Risk? $XJXVW9ROXPH1XPEHU Charles L. Ruffin 51st State Bar President How does your firm face risk? Claims against attorneys are reaching new heights. Are you on solid ground with a professional liability policy that covers your unique needs? Choose what’s best for you and your entire firm while gaining more control over risk. LawyerCare® provides: Company-paid claims expenses—granting your firm up to $5,000/$25,000 outside policy limits Grievance coverage—providing you with immediate assistance of $15,000/$30,000 in addition to policy limits Individual “tail” coverage—giving you the option to cover this risk with additional limits of liability PracticeGuard® disability coverage—helping your firm continue in the event a member becomes disabled Risk management hotline—providing you with immediate information at no additional charge It’s only fair your insurer provides you with protection you can trust. Make your move for firm footing and call today. Call Ben Parks at 800.292.1036 for a free, no-obligation quote. Rated A (Excellent) by A.M. Best LawyerCare.com T urn to smarter tools for legal research. Visualize search results to see the best results Only Fastcase features an interactive map of search results, so you can see the most important cases at a glance. Long lists of text search results (even when sorted well), only show one ranking at a time. Sorting the most relevant case to the top might sort the most cited case to the bottom. Sorting the most cited case to the top might sort the ® most recent case to the bottom. Fastcase’s patent-pending Interactive Timeline view shows all of the search results on a single map, illustrating how the results occur over time, how relevant each case is Smarter by association.based on your search terms, how many Log in at www.gabar.org times each case has been “cited generally” by all other cases, and how many times each case has been cited only by the super-relevant cases within the search result (“cited within” search results). The visual map provides volumes more information than any list of search results – you have to see it to believe it! LTN Free to members of the State Bar of Georgia. #1 2010 Customer Satisfaction Survey Members of the State Bar of Georgia now have access to Fastcase for free. Unlimited search using Fastcase’s smarter legal research tools, unlimited printing, and unlimited reference support, all free to active members of the State Bar of Georgia. Log in at www.gabar.org and click the Fastcase logo. And don’t forget that Fastcase’s free apps for iPhone, Android and iPad connect to your bar account automatically by Mobile Sync. All free as a benet of membership in the State Bar of Georgia. Quick Dial Editorial Board Attorney Discipline 800-334-6865 Editor-in-Chief ext. 720 Bridgette E. Eckerson 404-527-8720 Consumer Assistance Program 404-527-8759 Members Conference Room Reservations 404-419-0155 Julia Anderson Christina Virginia Hendrix Fee Arbitration 404-527-8750 Robert Henry Beer Michelle J. Hirsch CLE Transcripts 404-527-8710 Diversity Program 404-527-8754 Donald P. Boyle Jr. Michael Eric Hooper ETHICS Helpline 800-682-9806 John Clay Bush Hollie G. Manheimer 404-527-8741 Clayton Owen Carmack Edward Alexander Marshall Georgia Bar Foundation/IOLTA 404-588-2240 Georgia Bar Journal 404-527-8791 James William Cobb Addison Johnson Schreck Lawyer Assistance Program 800-327-9631 Timothy Jerome Colletti Jack P. Smith III Lawyers Foundation of Georgia 404-659-6867 Lynn Gavin Pamela Y. White-Colbert Law Practice Management 404-527-8773 Law-Related Education 404-527-8785 Membership Records 404-527-8777 Editors Emeritus Meetings Information 404-527-8790 Robert R. Stubbs, 10-12 William L. Bost Jr., 91-93 Pro Bono Project 404-527-8763 Professionalism 404-225-5040 Donald P. Boyle Jr., 07-10 Charles R. Adams III, 89-91 Sections 404-527-8774 Marcus D. Liner, 04-07 L. Dale Owens, 87-89 Unlicensed Practice of Law 404-527-8743 Rebecca Ann Hoelting, 02-04 Donna G. Barwick, 86-87 Young Lawyers Division 404-527-8778 Marisa Anne Pagnattaro, 01-02 James C. Gaulden Jr., 85-86 Manuscript Submissions D. Scott Murray, 00-01 Jerry B. Blackstock, 84-85 The Georgia Bar Journal welcomes the submission of unsolic- ited legal manuscripts on topics of interest to the State Bar of William Wall Sapp, 99-00 Steven M. Collins, 82-84 Georgia or written by members of the State Bar of Georgia. Theodore H. Davis Jr., 97-99 Walter M. Grant, 79-82 Submissions should be 10 to 12 pages, double-spaced (includ- ing endnotes) and on letter-size paper. Citations should con- L. Brett Lockwood, 95-97 Stephen E. Raville, 77-79 form to A UNIFORM SYSTEM OF CITATION (19th ed. 2010). Stephanie B. Manis, 93-95 Please address unsolicited articles to: Bridgette Eckerson, State Bar of Georgia, Communications Department, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. Authors will be notified Officers of the State Bar of Georgia of the Editorial Board’s decision regarding publication. Charles L. Ruffin President The Georgia Bar Journal welcomes the submission of news about local and circuit bar association happenings, Bar Patrise M. Perkins-Hooker President-Elect members, law firms and topics of interest to attorneys in Robin Frazer Clark Immediate Past President Georgia. Please send news releases and other informa- tion to: Sarah I. Coole, Director of Communications, 104 Robert J. Kauffman Treasurer Marietta St. NW, Suite 100, Atlanta, GA 30303; phone: Rita A. Sheffey Secretary 404-527-8791; [email protected]. Darrell L. Sutton YLD President Disabilities V. Sharon Edenfield YLD President-Elect If you have a disability which requires printed Jon Pannell YLD Past President materials in alternate formats, please contact the ADA coordinator at 404-527-8700 or 800-334-6865. Communications Committee Headquarters Jay Cook Co-Chair 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 800-334-6865, 404-527-8700, FAX 404-527-8717 Robert Ingram Co-Chair Visit us on the Web at www.gabar.org. South Georgia Office Communications Staff 244 E. Second St. (31794) P.O. Box 1390 Sarah I. Coole Director Tifton, GA 31793-1390 800-330-0446, 229-387-0446, FAX 229-382-7435 Jennifer R. Mason Assistant Director Coastal Georgia Office Derrick W. Stanley Section Liaison 18 E. Bay St. Stephanie J. Wilson Administrative Assistant Savannah, GA 31401-1225 877-239-9910, 912-239-9910, FAX 912-239-9970 Publisher’s Statement The Georgia Bar Journal (ISSN-1085-1437) is published six times per year (February, April, June, August, October, December) with a special issue in November by the State Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, Georgia 30303. Copyright State Bar of Georgia 2013. One copy of each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to non-members. Single copies: $6. Periodicals postage paid in Atlanta, Georgia and additional The opinions expressed in the Georgia Bar Journal mailing offices. Opinions and conclusions expressed in articles herein are those of the authors and not necessarily those of the are those of the authors. The views expressed herein Editorial Board, Communications Committee, Officers or Board are not necessarily those of the State Bar of Georgia, of Governors of the State Bar of Georgia. Advertising rate card will be furnished upon request. Publishing of an advertisement its Board of Governors or its Executive Committee. does not imply endorsement of any product or service offered. POSTMASTER: Send address changes to same address. 8 $XJXVW9ROXPH1XPEHU GBJ Legals 48 8 It Takes A Village: The 2013 18 The Misunderstood Alford Plea: High School Pipeline Program A Primer by Marian Cover Dockery by Hon. Todd Markle Departments 12 4 From the President The Best Evidence Rule Made From the YLD President Better: A Glimpse Into Georgia’s 6 New Evidence Code 52 Bench & Bar by W. Matthew Wilson 62 Office of the General 36 and Prof. Ronald L. Carlson Counsel 64 Lawyer Discipline GBJ Features 68 Law Practice Management 18 70 South Georgia Office South Carolina’s Lowcountry Section News Shines at the 2013 74 Annual Meeting 78 Member Benefits by Jennifer R. Mason 80 Writing Matters Professionalism Page 28 82 68 A Rising Tide Lifts All Boats 88 In Memoriam by Robin Frazer Clark 90 CLE Calendar Notices 36 92 Remarks to the Board 99 Classified Resources of Governors 100 Advertisers Index by Charles L. Ruffin 40 Doing Things ‘The Right Way’ 74 by Linton Johnson 46 2013 Distinguished Service Award Presented to Rep. Wendell K. Willard by Derrick W. Stanley Pictured on the cover is 2013-14 President Charles L. Ruffin. Cover photo by Zach Porter Photography. Pictured on the cover is 2013-14 From the President by Charles L. Ruffin Photo by Zach Porter Photography Georgia Legal Legend: U.S. Attorney General John Berrien his new fiscal year of the State Bar of Georgia articles in the coming year. Some will be more familiar names than others. marks the 50th anniversary of the unified For example, until I recently visited the Robert F. Kennedy Department of Justice Building in Washington, Bar in our state, as well as the 130th anni- D.C., and saw a listing of every previous U.S. attor- T neys general, I could not versary of the formation of have recalled hearing of John “Berrien died in Savannah on Macpherson Berrien. the Georgia Bar Association The nation’s 10th attor- Jan. 1, 1856, at the age of ney general and the first of and the 225th anniversary three from Georgia—the oth- 74.
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