Charles L. Ruffin 51St State Bar President How Does Your Firm Face Risk?

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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 bene t of membership in the State Bar of Georgia. Quick Dial Editorial Board Attorney Discipline 800-334-6865 Editor-in-Chief ext. 720 404-527-8720 Bridgette E. Eckerson 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. 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Gaulden Jr., 85-86 Manuscript Submissions D. Scott Murray, 00-01 Jerry B. Blackstock, 84-85 The Georgia Bar Journal welcomes the submission of unsolicited 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 (including 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 information 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. 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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. The next month, Georgia’s ers being Amos T. Akerman, of the ratification of the U.S. who served under President 116th county was carved out Ulysses S. Grant (1870-71) and Constitution. Griffin Bell, who served under President Jimmy Carter (1977- In a year of such important of Coffee, Irwin and Lowndes 79)—Berrien was 46 years old historical milestones, this will when he was appointed by be a time to reflect not only counties in South Georgia and President Andrew Jackson on the progress of this orga- following Jackson’s election nization over the past half- named for him . . .” in 1828. century, but of the legal pro- According to Berrien’s fession and our justice system biography in the New Georgia from the time that Gen. James Oglethorpe first set Encyclopedia, written by Charles J. Johnson Jr. of foot in Georgia—more than 40 years before our nation Savannah, Berrien was born Aug. 23, 1781, in the declared its independence. Rocky Hill, N.J., home of his grandfather, who was Along the way, we will learn about numerous his- one of New Jersey’s colonial justices and a close torical figures in Georgia’s legal history, and I antici- friend of George Washington. The same house, writes pate featuring several of them in these President’s Page Johnson, “may have served as Washington’s head-

4 Georgia Bar Journal quarters while he wrote his fare- “. . . Berrien suffered a falling which he served for 30 years as a well address to the troops.” out with the president over the trustee. Berrien was a co-founder Berrien’s grandfather was also Margaret (Peggy) Eaton affair, of the Georgia Historical Society named John, as was his father, an episode in which the wife and served as its first president who served in the Revolutionary of John C. Calhoun and other in 1839. Also, he was president of War under Lachlan McIntosh of cabinet wives refused to asso- the Georgia branch of the Society Georgia. In the aftermath of British ciate with the wife of John H. of the Cincinnati, a member of the Gen. Cornwallis’s surrender at Eaton, Jackson’s secretary of board of regents of the Smithsonian Yorktown, Pa., Berrien’s father war. Eaton had an affair with Institution and president of the moved the family to Savannah. Peggy, the daughter of a tav- American Bible Society. Young John Berrien’s education ern keeper, while she was mar- Berrien was the father of 15 chil- took him back north, for preparato- ried; Peggy and Eaton were dren, nine by his first wife, Eliza ry studies in New York, after which married following her hus- Anciaux, who died the year before he attended the College of New band’s death. Calhoun’s wife he became attorney general, and Jersey (now Princeton University). referred to Peggy as a ‘hussy,’ six by his much-younger second He earned a Bachelor of Arts but Jackson was convinced that wife, Eliza C. Hunter of Savannah. degree at age 15, and then read law Calhoun had put his wife up to Berrien’s daughter Louisa married in the office of prominent lawyer the snubbing. The president and Francis S. Bartow, a lawyer, politi- and federal judge Joseph Clay Jr. Calhoun argued bitterly about cian and military officer who was Berrien returned to Georgia and the affair, fueling their already killed in the Civil War. was admitted to the Bar in 1799 growing differences. The argu- Berrien died in Savannah on at 18. He served for a time as ment splintered Jackson’s cabi- Jan. 1, 1856, at the age of 74. The solicitor general for the Eastern net, and Calhoun’s friends on it, next month, Georgia’s 116th coun- Judicial Circuit before becoming a including Berrien, were forced ty was carved out of Coffee, Irwin judge in 1810. His service on the to resign in June 1831.” and Lowndes counties in South bench was interrupted by the War Georgia and named for him, which of 1812, when he was a captain Berrien went back to Savannah was the second time that had in the Chatham Light Dragoons and started a private law practice occurred. The state of Michigan and later a colonel in the First with Richard Cuyler. He was once had named a Berrien County of its Georgia Calvary. again re-elected to the U.S. Senate own in his honor 27 years earlier. In 1822-23, Berrien represented in 1841, where he resumed his Berrien is an exemplar of the Chatham County in the state Senate. post as chairman of the Judiciary time-honored but now less fre- Prior to the 17th Amendment to the Committee. Berrien had been a quently found combination of Constitution being adopted in 1913, member of the Jacksonian Party a devoted family man, private U.S. senators were elected by their during his first Senate tenure in practitioner, public servant and state legislatures rather than by pop- the 1820s; he was a Whig this time involved citizen. We need to ular vote, and the Georgia General around, serving until 1852. Again, remember his example. Assembly voted to send Berrien to it was back to Savannah, where Washington, D.C., in 1825. Berrien resumed his law practice. Charles L. Ruffin is president In the Senate, Berrien earned a Princeton bestowed an honorary of the State Bar of Georgia and reputation as an eloquent debater on doctor of laws degree on Berrien, can be reached at cruffin@ a number of major issues of the early as did the University of Georgia, bakerdonelson.com. 19th century. He was known as the “American Cicero” for his oratorical skills and was described as “the hon- ey-tongued Georgia youth” by none other than U.S. Supreme Court Chief Justice John Marshall—no doubt contributing to Berrien’s selection by Jackson as attorney general. Unfortunately, Berrien’s tenure as the nation’s top lawyer met an ugly end when he found himself on the opposite side of the president amid turmoil within the cabinet over a personal matter rather than a policy dispute. Here is how historian Charles Johnson tells the story:

August 2013 5 From the YLD President

by Darrell L. Sutton

YLD Team Development: Developing Tomorrow’s YLD Leaders Today

ate last year, the Supreme Court of Georgia As Justice Hines explained, sports routinely provide a fitting analogy for life. Sports so closely resemble dedicated a portrait of fellow Cobb Countian so much of what we do every day that it is difficult, especially for the sports lovers among us, not to see and former Supreme Court Justice Conley life accurately reflected in the sports we watch, or, as L a result, to explain something we have seen or done Ingram. At the portrait dedication ceremony, which without the use of a sports analogy. Perhaps because I, like Justice Hines, am a sports lover, or perhaps coincidentally took place the week following the 2012 because his speech coincided with the earliest stages of my preparation to take the helm as YLD president, I SEC Championship Game, routinely find myself explain- “Just like each professional ing my goals for this Bar year another Cobb Countian, cur- through a sports analogy. This sports team is only as is certainly true for two initia- rent Supreme Court Justice tives in particular. Every major sport has a Harris Hines, gave the key- successful from year to year talent development system. Whether it be affiliates note address. Justice Hines as the players it fields are whom it directly controls (for example, each Major League is a committed supporter of talented, the YLD is only as Baseball team’s minor league system, or the “foot- University of Georgia athlet- successful as our leadership ball schools” popular with European soccer teams) or ics. It is therefore no surprise, from one year to the next.” indirect suppliers of talent (such as NCAA football and especially given the events basketball for the NFL and NBA, respectively), each major sports team has in of the weekend that preceded his address, that sports, place a program for the development of its future stars. The reason for this is of course obvious. Each and in particular football, featured prominently in his sports team’s success is dependent primarily, if not solely, upon the talent of the players it fields. And words that day. with each team’s worth soaring into the hundreds

6 Georgia Bar Journal of millions (and in some cases billions) of dollars, it would be foolhardy to leave talent development, and thus the lynchpin to future success, to chance. Each sports team therefore enhances its chances for sustained excellence by a commitment to the development of its team members. The YLD by design or coinci- dence also has a system of talent development: our 12 local YLD affiliates and the student popula- tions at Georgia’s five law schools. And just like a commitment to player development is the key to we will bring the state YLD (or at year, but more importantly create any sports team’s chances for sus- least its officers) to the local level. an infrastructure to ensure that tained excellence, the development In addition, the annual YLD affil- another law student at each school of the YLD’s future leaders from iates conference begun by Geoffroy is in place to fill that seat next our local and law school affiliates will continue this year, but in a year and each year into the is the key to the State Bar YLD’s different form. With the coopera- foreseeable future. chances for sustained excellence. tion of the Local and Voluntary Just like each professional sports This fact was certainly not lost Bars Committee of the State Bar, team is only as successful from on my predecessors. For exam- this year’s affiliate conference will year to year as the players it fields ple, YLD Past President Michael be held in conjunction with that are talented, the YLD is only as suc- Geoffroy made admirable efforts committee’s annual Bar Leadership cessful as our leadership from one at outreach to both local YLD affili- Institute. This will give affiliate YLD year to the next. And just like every ates and the state’s law students. leaders access not only to the lead- professional sports team seeks to Yet despite the commitment of my ers and programming of the State ensure sustained excellence by a predecessors to ensuring a con- Bar YLD and other local YLDs, but commitment to player develop- nection between the YLD and our also to the leaders and program- ment, the YLD must seek to ensure local and law school affiliates, we ming of the State Bar and other local sustained excellence by a commit- have lagged in the creation of a and voluntary bar associations. ment to the development of future continuous flow of future leaders Second, with the cooperation YLD leaders from our local and from them. After all, if you include of the career services directors at law school affiliates. With these me, only three of the last 10 YLD all five of Georgia’s law schools, two initiatives, we will accomplish presidents were also presidents of the State Bar YLD this year will that goal. a local YLD affiliate. And none of put into place a YLD fellows pro- those 10 became involved in the gram. It is not very well known Darrell L. Sutton is the YLD until after law school. that the YLD’s bylaws allow for president of the Young Lawyers Through two initiatives this year, one law student representative Division of the State Bar of this trend will change. First, once a from each of Georgia’s law schools Georgia and can be reached at month for the next 12 months, all to serve on the YLD’s Executive [email protected]. six YLD officers will visit a local Council. Thanks to the assistance YLD affiliate. Each visit will coin- of Stephanie Powell, my law school cide with that local YLD affiliate’s classmate and the assistant director Earn up to 6 CLE credits for regularly scheduled business meet- of Career Services at the Mercer authoring legal articles and ing or social event, and will feature University Walter F. George School having them published. an outreach program tailored to of Law, however, the career ser- both the local affiliate and the meet- vices directors at each of Georgia’s Submit articles to: ing or event. Former Speaker of the five law schools have committed Bridgette Eckerson U.S. House of Representatives Tip to the creation and implementa- Georgia Bar Journal O’Neill is famous for saying that tion of a State Bar of Georgia YLD 104 Marietta St. NW, Suite 100 all politics is local, and I am a firm fellows program. While it is still Atlanta, GA 30303 believer that all Bar involvement is in the development stages, once Contact [email protected] for local. But if we cannot consistently implemented this program will not more information or visit the Bar’s get the state’s young lawyers from only ensure that each law school’s website, www.gabar.org. the local YLD to the state YLD, then Executive Council seat is filled this

August 2013 7 A Look at the Law

The Misunderstood Alford Plea: A Primer by Hon. Todd Markle

must confess that as a new judge, I did not know

exactly what an Alford plea was. It seemed a Isimple enough concept: an accused could either plead guilty, not guilty or something in between, a kind of purgatory. The plea colloquy is similar, but I grew curious about how many judges and lawyers, much less defendants, really understand the rationale behind the plea and its significance. It is incumbent upon judges to ensure that when accepting any guilty plea, including a plea made pursuant to Alford, the accused understands precisely the rights that he or she is voluntarily relinquishing.1 By this article, I will address the questions that I had and perhaps provide a refresher for those more seasoned criminal lawyers did not support the claim.3 The defendant ultimately already well familiar with the Alford concept. entered a plea of guilty to a reduced charge of second degree murder based upon the recommendation of his The Alford Decision counsel.4 Even as he entered his plea, however, the defendant continued to assert that he had not commit- To understand the Alford plea, we must of course ted the murder and was not, in fact, guilty.5 consider the Alford decision itself. The case arose out of The defendant’s post-conviction efforts to invalidate a guilty plea entered by a defendant in a prosecution his plea were initially unsuccessful in state court and for first degree murder in a North Carolina state court.2 federal court.6 Eventually, the defendant persuaded the The defendant steadfastly maintained his innocence, 4th Circuit Court of Appeals that his guilty plea was but the investigation of his court-appointed attorney involuntary and motivated by a fear of the death penalty

8 Georgia Bar Journal rather than a true acknowledgement of guilt.7 His decision was, in essence, a risk assessment he and his counsel had made to avert the potential of a death sentence. In taking the case, the U.S. Supreme Court specifically noted that had the issue been limited simply to whether the defendant pled guilty to avoid facing the death penalty, it would have remanded the case for the trial court to consider whether the plea of guilty was the product of free and rational choice.8 Instead, the impetus for the Supreme Court taking the case was to resolve the conflict between state and lower federal courts regarding whether it was proper to accept a guilty plea when accompanied by a protestation of innocence.9 After examining the history of the nolo contendere plea, the Court held that although a plea of guilty is a waiver of trial, the U.S. Constitution does not require an express admission of guilt before a trial court accepts the plea.10 Rather, the appropriate standard is whether the accused voluntarily, knowingly and intelligently consents to the imposition of a prison sentence even if he is unwilling or unable to admit participation in the acts constituting the crime.11 Given the strong factual basis to support the plea and despite the defendant’s profession of innocence, there was no constitutional error in the trial court accepting it.12 The Law in Georgia Uniform Superior Court Rule 33.1 sets out the alternatives available to a defendant in entering a plea, recit- ing that a “defendant may plead guilty, not guilty, or in the discretion of the judge, nolo contendere.”13 The rule is silent regarding an Alford plea; it is not mentioned specifically anywhere in the rules. However, Rule 33.9 requires the trial judge to make such an inquiry on the record as necessary to demonstrate a factual basis for a guilty plea.14 There is no similar requirement for other pleas such as a plea of nolo contendere.15 The requirements of Rule 33.9 are mandatory to ensure that the conduct actually constitutes a crime.16 Although some jurisdictions do not accept what has become known as an Alford plea, and it is rarely used in federal courts, Georgia has long recognized such a plea with many appellate cases making reference to it.17 What is the law in Georgia, then, regarding such pleas? The Factual Basis Requirement Importantly, in the Alford decision, the plea was not tendered as is ordinarily done in Georgia; that is, prior to accepting the plea, the trial court actually heard the sworn testimony of three witnesses on behalf of the prosecution. In response, the defendant testified that he had not committed the murder but that he wanted to plead guilty to avoid the death penalty.18 Thus, after hearing this testimony, the North Carolina trial court was confronted with the task of reconciling the plea of guilty with the defendant’s assertions of innocence.19 The U.S. Supreme Court appears to have been persuaded that there was no constitutional infirmity

August 2013 9 because of “the strong factual basis DEFENDANT: The whiskey and the question of what is sufficient for the plea.”20 to the marijuana, but not the to discharge the trial court’s obli- It is the duty of the trial court then cocaine. gation. There must be a factual to assure there is a strong factual THE COURT: Did you have pos- basis for the plea set forth on the basis for the plea.21 The trial court session of cocaine? record which satisfies the elements must resolve the conflict between DEFENDANT: Yes, sir, it was of the crimes charged.34 One of its duty to protect the innocent and found in a jacket on my prem- the purposes of the factual basis ensuring that the plea is the prod- ises. And I understand the law requirement is so the court can uct of free and intelligent choice.22 enough to know I am respon- resolve any conflict between the A court should not accept a plea of sible for it, and charged for it. claim of innocence and the guilty guilty without determining that the THE COURT: Do you still intend plea.35 A “valid and probing plea plea is made voluntarily and with to plead guilty to the possession petition” in the record is not suf- an understanding of the nature of of cocaine? ficient to show the requisite fac- the charges and consequences of DEFENDANT: I have no choice, tual basis, but a transcript with a the plea.23 yes, sir.26 plea of guilty following the read- The Court of Appeals of Georgia ing of a detailed indictment may in Minchey v. State addressed the The Minchey Court observed that be.36 The trial court should note need for reconciling the conflicts the quoted colloquy was sufficient on the record that it finds a fac- inherent in accepting so-called to put the trial court on notice that tual basis exists to support the plea Alford pleas.24 In Minchey, the as to the charge of cocaine posses- despite the claim of innocence.37 defendant was charged with pos- sion, the defendant was asserting The trial court may fulfill its duty session of marijuana and cocaine as his innocence, which required the by the prosecution’s summary of well as an alcohol offense.25 After judge to reconcile the conflict.27 the evidence it anticipates in sup- entering guilty pleas, he appealed Because the lower court did not do port of the charges, particularly contending there was not a suffi- so, the Minchey Court reversed the when defense counsel stipulates to cient factual basis for them. cocaine possession conviction.28 a factual basis.38 So long as there In Minchey, the plea colloquy Although in Alford, the lower is a strong factual basis to support was as follows: court actually heard testimony the charges in the plea colloquy from prosecution witnesses before in the record, the appellate deci- THE COURT: Do you under- deciding to accept the guilty plea, sions in Georgia usually affirm the stand all of the questions that there is no constitutional require- trial court’s acceptance of an Alford you’ve answered so far? ment that it do so.29 Instead, the plea.39 It is also important to keep DEFENDANT: Yes, sir. court may ascertain the basis for in mind that even if the defendant THE COURT: Understanding all the plea in a variety of ways. The does not use the term “Alford plea,” your rights, do you still want court may itself question the defen- if he protests his innocence, then to enter a plea of guilty to these dant.30 The prosecutor may state the obligation of the Court arises.40 offenses? what he or she expects the evidence DEFENDANT: Yes, sir. to show at trial.31 Alternatively, The Consequences THE COURT: Is your decision the court may consider material of the Plea to plead guilty made freely and contained in parts of the record voluntarily? other than the guilty plea hearing, A plea tendered pursuant to DEFENDANT: Yes, sir. so long as the evidence is identified Alford is not a plea of nolo con- THE COURT: Has anyone used and made a part of the record.32 tendere. There are important dis- any force against you to cause The point is that the trial court tinctions, particularly with regard you to plead guilty? should diligently seek to fulfill its to the effect of the plea.41 For DEFENDANT: No. obligation to make sure there is a constitutional purposes, the U.S. THE COURT: Did you in fact strong factual basis to support the Supreme Court found no practical commit the offense of posses- plea of guilty. There is no express difference between the pleas, yet sion of marijuana, possession requirement that the trial court it is important to remember that of cocaine and possession of a undertake an additional inquiry of an Alford plea is one of guilt.42 It is certain amount of whiskey, the the defendant.33 not an innocent plea.43 It places the container of which did not bear defendant in the same position as and have affixed thereto the How is this Obligation if there had been a trial and convic- Revenue Stamps of the state of Satisfied? tion by a jury.44 As the 11th Circuit Georgia? has noted: DEFENDANT: Yes, sir. The case law in Georgia reveals THE COURT: Did you do those a number of scenarios that are Once accepted by a court, it is things? instructive in attempting to answer the voluntary plea of guilt itself,

10 Georgia Bar Journal Hon. Todd Markle 25. Id. at 632, 271 S.E.2d 886. with its intrinsic admission of each 26. Id. element of the crime, that trig- currently serves on the Superior Court of Fulton 27. Id. at 633, 271 S.E.2d 887. gers the collateral consequences 28. Id. attending that plea. Those conse- County. He was 29. Alford, 400 U.S. at 28. quences may not be avoided by an appointed to the bench 30. State v. Benton, 305 Ga. App. 332, assertion of innocence. As long as in 2011 and won 699 S.E.2d 767 (2010). the guilty plea represents a volun- election in 2012. Prior to his 31. Id. tary and intelligent choice among appointment, he served as 32. Id. 33. State v. Evans, 265 Ga. 332, 454 alternative courses of action open executive counsel to Gov. Nathan S.E.2d 468 (1995); Crowe v. State, to the defendant, and a sufficient Deal. Markle chaired the original factual basis exists to support 265 Ga. 582, 458 S.E.2d 799 (1995). Criminal Justice Reform Council in 34. Green v. State, 265 Ga. 263, 454 the plea of guilty, the collateral 2011 and remains a member of S.E.2d 466 (1995). consequences flowing from an that Council by designation of Gov. 35. Duque v. State, 271 Ga. App. Alford plea are the same as those Deal. Markle practiced law in 154, 608 S.E.2d 738 (2004); see also flowing from an ordinary plea of Cameron v. State, 295 Ga. App. 670, guilt. Were this not so, defendants Atlanta for 21 years before entering 673 S.E.2d 59 (2009). pleading guilty would routinely public service. 36. Duque, 271 Ga. App. at 265. proclaim their innocence to reap 37. Brower v. State, 230 Ga. App. 125, two benefits: (1) the avoidance of Endnotes 495 S.E.2d 600 (1998). a trial and a possible reduction in 1. Boykin v. Alabama, 395 U.S. 238, 89 38. Compare Whitesides v. State, 266 Ga. sentence, and (2) the extinguish- S. Ct. 1709, 23 L.Ed.2d 274 (1969). App. 81, 596 S.E.2d 706 (2004), Skinner 2. North Carolina v. Alford, 400 U.S. 25, ment of all collateral consequenc- v. State, 297 Ga. App. 828, 678 S.E.2d 91 S. Ct. 160, 27 L.Ed.2d 162 (1970). 526 (2009), and Scott v. State, 248 Ga. es of their plea. Nothing in . . . 3. Id. at 27. App. 542, 545 S.E.2d 709 (2001) with Alford sanctions this distortion of 4. Id. Jackson v. State, 251 Ga. App. 578, 554 45 the pleading process. 5. Id. at 28. S.E.2d 768 (2001) (trial court refused 6. Id. at 29. to accept Alford plea when defendant Unlike a plea of nolo contendere, an 7. Id. at 30. advised court he did not think a jury Alford plea, is admissible in a sub- 8. Id. at 31. would find him guilty based on the sequent prosecution as similar evi- 9. Id. at 32. state’s evidence against him), Green dence.46 Such a plea may have con- 10. Id. at 37. v. State, 243 Ga. App. 431, 533 S.E.2d sequences in related civil litigation 11. Id. 451 (2000), and Harpe v. State, 254 because it has the same effect as any 12. Id. at 38. Ga. App. 458, 562 S.E.2d 521 (2002). 13. Unif Sup. Ct. R. 33.1. other guilty plea.47 It may be used See also Crowe v. State, 265 Ga. 582, 14. Unif Sup. Ct. R. 33.9. 458 S.E.2d 799 (1995) (defendant to enhance sentencing in subsequent 15. But see Unif Sup. Ct. R. 33.1 (B) 48 acknowledged strength of evidence prosecutions. As a guilty plea, it (treating plea of nolo contendere against him). 49 also acts as a waiver of all defenses. similar to plea of guilty). 39. Cameron v. State, 295 Ga. App. 670, The voluntariness and intelligence of 16. Tomlin v. State, 295 Ga. App. 369, 673 S.E.2d 59 (2009). an Alford plea is judged by the same 671 S.E.2d 865 (2008); Green v. State, 40. See Saye v. State, 263 Ga. App. 225, standard as any other guilty plea.50 265 Ga. 263, 454 S.E.2d 466 (1995); 587 S.E.2d 393 (2003). Evans v. State, 265 Ga. 332 (1995). 41. See O.C.G.A. § 17-7-95(c). Conclusion 17. See Brower v. State, 230 Ga. App. 125, 42. Thompson v. State, 237 Ga. App. Given the prevalence of plea bar- 495 S.E.2d 600 (1998), citing Freeman 466, 517 S.E.2d 339 (1999). gaining, an Alford plea is an impor- v. State, 211 Ga. App. 716, 440 S.E.2d 43. Harpe v. State, 254 Ga. App. 458, 562 490 (1994) (not error to accept plea tant tool for counsel in seeking to S.E.2d 521 (2002). despite defendant’s claim of innocence 44. Argot v. State, 261 Ga. App. 569, 583 resolve cases expeditiously. Because “when the defendant intelligently S.E.2d 246 (2003). it is a guilty plea, defense counsel concludes it is in his best interest 45. Blohm v. Commr. Of Internal should carefully advise their clients and the judge has inquired into the Revenue, 994 F.2d 1542, 1554-1556 on its significance so that they are factual basis for the plea and sought to (11th Cir. 1993). fully aware of the rights they forego resolve the conflict between the plea 46. Dixon v. State, 240 Ga. App. 644, 524 by agreeing to enter such a plea. This and the claim of innocence.”). S.E.2d 734 (1999). is particularly true because the U.S. 18. Alford, 400 U.S. at 29. 47. Harden v. State Farm Fire & Supreme Court requires that pleas be 19. Id. at 38. Casualty Company, 269 Ga. App. voluntarily and intelligently entered. 20. Id. 732, 605 S.E.2d 37 (2004). Only after ensuring the accused has a 21. Purvis v. Connell, 227 Ga. 764, 182 48. Wynn v. State, 271 Ga. App. 10, 609 S.E.2d 892 (1971). complete understanding of the nature S.E.2d 97 (2004). 22. Id. 49. Schlau v. State, 282 Ga. App. 460, of the plea and there is a strong fac- 23. Id. 638 S.E.2d 895 (2007). tual basis to support the plea, should 24. Minchey v. State, 155 Ga. App. 632, 50. Tomlin v. State, 295 Ga. App. 369, a court accept it. 271 S.E.2d 885 (1980). 671 S.E.2d 865 (2008).

August 2013 11 A Look at the Law

The Best Evidence Rule Made Better: A Glimpse into Georgia’s New Evidence Code by W. Matthew Wilson and Prof. Ronald L. Carlson

n a recent divorce case before Judge Bartlett At this point, Judge Bartlett interrupted: “Mr. Seaborn, you were correct as to the posture of the in the Superior Court of Sorkin County, Sam law up to Jan. 1, 2013. At that point in time, the rules changed. Under the new rules of evidence, you must Seaborn was about to play an audio recording to either produce the original, or account for its absence.”1 I How could it be that audio recordings were exempt the jury. His client, Ainsley Hayes, had surreptitiously from best evidence considerations through 2012? After all, originals of sound recordings had been sub- recorded her husband during a heated argument in ject to rules of production in federal and other courts for decades. The answer lies in the fact that Georgia their living room. On the tape, Dr. Hayes confessed lawyers were controlled by Georgia’s 1863 code for 150 years. that he had been having an affair with his partner’s For those not familiar with the inner workings of Georgia’s previous evidence code, it may be difficult wife. Dr. Hayes and his partner own a very successful to believe that until January of this year, Georgia jurists were laboring with a code that did not contemplate orthopedic clinic. Seaborn announced: “Judge, we are any technological advances of the previous century and a half. Indeed, while courts across the country ready to play the tape. It is a blockbuster record of Dr. grappled to apply evidence rules to modern social media including Facebook postings, Twitter tweets Hayes’s philandering. The recording is a true copy of and YouTube videos, Georgia struggled to use evidence rules that failed to perceive the not-so-modern the original. Mrs. Hayes keeps the original locked in use of electricity, telephones and photography. Georgia’s original Code of Evidence was adopted her deposit box at Lincoln Federal for safekeeping.” in 1863 and was based on the significant work of the reporter of the Supreme Court of Georgia and one- “Objection,” roared Dr. Hayes’s attorney, Bruno third founder of the University of Georgia School of Gianelli. “We have heard this recording. Parts of it Law, Thomas R.R. Cobb.2 Cobb’s code was enacted are so garbled that they are unintelligible. Plus, this around the time that Georgia voted to secede from the is not the original. Violation of the best evidence rule, Union and was adopted after Georgia had joined the your honor.” Confederacy.3 Although the Code was completed on Seaborn responded: “Your honor, everybody knows schedule by the commissioners, a shortage of quality the Georgia best evidence rule does not apply to sound paper in the war-torn Confederacy delayed the Code’s recordings. The Georgia rule is restricted to writings.” publication until 1863.4 This time period included the

12 Georgia Bar Journal first arrival of print photography,5 thoroughly vetted bills in the his- of the best evidence rule. Indeed, and was 15 years prior to Alexander tory of the Bar,” and touted sup- while there are many examples Graham Bell’s telephone.6 port for its unamended passage by in the new code of much need- the State Bar, Georgia Chamber of ed modernization, perhaps none The Road to a New Code Commerce, Georgia Trial Lawyers is starker than the best evidence The State Bar of Georgia began Association, Georgia Association rule. Analyzing this rule’s impact a study of the evidence rules in the of Criminal Defense Lawyers, before and after the 2011 rewrite mid-1980s and produced a pro- Council of Superior Court Judges highlights the significant improve- posal of new rules in a report to and Medical Association of ment of justice the code allows by the Georgia General Assembly in Georgia.11 Twenty-two years after addressing modern technology. 1989.7 Then state Sen. Nathan Deal he first introduced reform legisla- The best evidence rule was first introduced the legislation in the tion, Gov. Deal signed the new designed to prevent inaccuracy and Senate, which voted unanimously evidence rules into law during fraud when the contents of a writing in favor of the bill.8 However, the a ceremony at the State Bar on were in dispute. This common law measure was bottled up in the May 3, 2011.12 principle was codified in Georgia House and for a number of years prior to mass electrification at a time the challenge of moving it forward An Improved Best when photography and audio and proved intractable.9 Evidence Rule video recordings were still at their After struggling for many years, earliest stages of invention. The con- the efforts of Bar leaders, the study Georgia’s new Evidence Code cept behind this principle is simple: committee, its reporter and leg- requires lawyers and judges to accuracy and reliability are greatly islative supporters paid off. The make changes to their litigation improved when a witness attempts State Bar introduced HB 24 dur- methods—some slight, and others to prove the contents of a writing ing the 2011 legislative session.10 much more significant. One signifi- by requiring that the writing first be State Bar President Lester Tate cant change that makes lawyers’ introduced into evidence. The intro- announced it as “one of the most jobs much easier is the expansion duction of the writing prevented a

August 2013 13 witness from presenting speculative Markel Am. Ins. Co., the federal dis- out in [Federal] Rule 1002.”26 One or fraudulent testimony as to the trict court in Maryland noted: advantage of Georgia adopting a writing’s content. new evidence code based on the The Legislature later amended Given the myriad ways that federal rules is that Georgia courts the Georgia Evidence Code to pro- electronic records may be delet- can take advantage of 38 years of vide for the admissibility of second- ed, lost as a result of system federal case law decided under the ary evidence in those circumstances malfunctions, purged as a result federal rules of evidence.27 Federal in which the party offering the evi- of routine electronic records decisions have made clear that dence has made a sufficient show- management software (such as while computerized records of all ing of the reason why the origi- the automatic deletion of email types are governed by the best evi- nal writing was unavailable or the after a set time period) or oth- dence rule, duplicate records are party offered a certified copy of the erwise unavailable means that admissible upon the appropriate original.13 However, the courts con- the contents of electronic writ- foundation and/or showing that tinued to apply the best evidence ings may have to be proved by such records should be admitted.28 rule to writings only.14 Indeed, secondary evidence.21 Georgia courts refused to extend its Duplications application to photographs,15 audio The new evidence code does Having determined that the best recordings16 or video recordings.17 not recognize degrees of second- evidence rule applies, how will our The best evidence rule is now ary evidence, which is consistent Atlanta attorney comply with its found at O.C.G.A. § 24-10-1001 with federal law.22 However, the limitations? Under the new Georgia et seq. and has been specifically new Code does provide for a pref- Evidence Code, a duplicate that extended to include electronically erence for certified or compared accurately reproduces the original is recorded data, photographs and copies when dealing with public admissible, unless opposing coun- recordings of audio and video.18 records.23 Additionally, if a party sel raises a genuine issue about the Thus, lawyers who were formerly has provided a sufficient reason for authenticity of the documents or cir- uncertain about the application of the nonproduction of an original, a cumstances exist that would make the rules to modern evidence now witness’ recollection of a writing or it unfair to admit duplicates rather have a systematic set of statutes to recording’s content is as admissible than the original documents.29 guide the process. as a copy.24 Next the attorney must decide whether it is necessary for the cus- Absence of the Electronic Recordings todian of records at the Detroit Original Writing As we have observed, the best business to come to Atlanta to evidence rule has been expanded authenticate the records during the or Recording to encompass electronically record- Atlanta trial. At this point a stream- Under some circumstances, a ed information. In keeping with the lined certification process comes to party may establish the content Legislature’s passage of the 2009 the rescue. Under the new rules, a of a writing or recording by use Uniform Electronic Transactions written declaration can be obtained of secondary evidence. The cir- Act, electronic records are given from the custodian of the records, cumstances under which the court the equivalence of writings for certifying that the business records might accept secondary evidence evidentiary purposes under the were made at or around the time in lieu of an original writing were improved best evidence rule.25 the transaction occurred, are kept contained in numerous different Thus, Facebook postings and in the ordinary course of business sections of the previous evidence Twitter tweets, not to mention and are part of regularly conduct- code.19 The new evidence code has emails, now fall under the scope of ed business activity.30 After giving one Code section governing the cir- the best evidence rule. notice of her intent prior to trial, cumstances under which an origi- What about the application of the the Atlanta attorney introduces a nal shall not be required: (1) if the rules to computer-based business duplicate of the Detroit records at original writing or recording has records? Suppose that electroni- the Atlanta trial without the burden been lost or destroyed in absence of cally prepared and stored docu- of bringing an authenticating wit- bad faith, (2) if the original is out- ments that are generated in Detroit ness from Detroit. side the jurisdiction of the court, (3) are needed for a trial in Atlanta. What if the duplicate is an elec- if the original is in possession of an At first blush, the Atlanta attorney tronic recording? This precise situ- opponent and (4) if the document’s may be uncertain about whether ation occurred in United States v. role is collateral.20 the best evidence rule applies to Ramentol, a wire fraud case.31 In One case in particular illustrates the material. It does. “The admis- Ramentol, the 11th Circuit held that how some courts have found the first sibility of computer-based records scanned copies of a defendant’s circumstance especially well suited ‘to prove the content of a writing’ is closing loan documents were for electronic evidence. In Lorraine v. subject to the best evidence rule set admissible in lieu of the signed

14 Georgia Bar Journal originals.32 The court noted two recent litigation, a slightly blurred address the admissibility of public reasons why the duplicates were duplicate of a check was admitted records under the best evidence admissible. First, a witness testi- in a bank fraud prosecution.40 rule. Because of the severe incon- fied that original documents were The federal courts have consis- venience that would result from scanned into the system’s comput- tently held that copies of audio requiring parties to remove public er in accord with company policy, recordings of conversations are records from their place of filing to and could not be altered in any admissible once their accuracy is introduce them in court, parties are way once scanned.33 Second, the established.41 In our Sorkin County permitted the use of secondary evi- defendant identified his signature case, Seaborn noted when he offered dence.44 The rule is not limited to on the duplicates.34 Therefore, the the copy of Dr. and Mrs. Hayes’ records forbidden by statute from defendant had failed to raise a recorded conversation that the copy being removed from official cus- genuine issue regarding authentic- was a true copy of the original tape, tody. However, unlike the general ity and was not entitled to demand which was locked in Mrs. Hayes’ rule regarding secondary evidence, production of the originals.35 safety deposit box. Dr. Hayes’ the rule regarding public records There is similar case law support- attorney argued that the quality limits permissible secondary evi- ing the admission of duplicates in of the tape was unintelligible. The dence to certified or compared a great variety of forms. The draft- determination of whether the qual- copies.45 The drafting committee ing committee for Federal Rule of ity of the recording is sufficient to for Federal Rule of Evidence 1005 Evidence 1003 cited some of these be understood is left to the sound noted the importance of this limita- decisions in its advisory committee discretion of the trial judge.42 The tion so as not to “open the door to note to Rule 1003.36 Thus, in cases probative value of the contents of the introduction of every kind of in which there is no issue raised as any recorded conversation admit- secondary evidence of contents of to authenticity, the courts have held ted into evidence is a jury ques- public records . . . .”46 that it was not error to admit the tion.43 Thus, Judge Bartlett allowed photostatic copies of checks instead Seaborn to play the tape to the jury. Summaries of the original microfilm,37 a tape More and more frequently, cases recording made from the original Public Records involve voluminous documents wire recording38 and a photocopy The new law utilizes a broad- that make it impractical for a wit- of a joint venture agreement.39 In ly applicable general statute to ness to efficiently review the docu-

August 2013 15 ments on the stand. In this scenar- Georgia’s bench and bar have to Prof. Ronald L. io, parties are allowed to present struggle to dispense justice against Carlson teaches at the summaries as substantive evidence the backdrop of an evidence code University of Georgia of the matters they summarize.47 that is in need of repair, and unrep- School of Law and has The originals or duplicates of the resentative of the advancements in written 15 books on documents upon which the sum- our modern way of life. evidence and trial mary is based must be made avail- The new best evidence rule bet- practice. In 2000, he received the 48 able to the opposing party. While ter reflects the current state of liti- Harrison Tweed Award from the a trial court may, in its discretion, gation. By expanding the rule to American Bar Association/ require the underlying documents include photographs, audio and American Law Institute in be produced in court, there is no video recordings and electroni- recognition of his “special merit to requirement that they be admitted cally recorded information, the into evidence.49 The summaries rule actually addresses the sort of continuing legal education.” should be a fair and accurate rep- modern technology that frequently resentation of the facts.50 Courts comes up at trial. In addition, by Endnotes 1. The best evidence rule and the have also held that where a chart allowing duplicates to be intro- laws relating thereto are now or summary is used at trial for duced where no genuine issue of codified at O.C.G.A. §§ 24-10-1001. purely demonstrative purposes, it authenticity exists, and summaries through 24-10-1008. should not be sent out with the jury to be introduced that condense 2. William B. McCash, Thomas R. R. 51 during deliberations. voluminous documents, the rule Cobb: A Biography 110-11, 191 (1968) removes unnecessary obstacles to (an unpublished Ph.D. dissertation Conclusion courtroom efficiency. on file with University of Georgia Summarized here have been It is likely that the original Law Library). See also Gwen Y. some of the more significant authors of the 1863 Evidence Code Wood, A Unique and Fortuitous changes in Georgia’s 2013 Evidence could not have envisioned that a Combination: An Administrative Code. There are other provisions code written and adopted when History of the University of Georgia School of Law 6 (The as well. One new Code section Georgia was brandishing its inde- University of Georgia Press 1998). delineates the roles of the judge pendence would persist for 150 3. McCash, supra note 2, at 108-09. and the jury in evaluating best evi- years, well after federal courts and 4. Erwin C. Surrency, The Georgia Code 52 dence issues. The judge has the the courts of 43 other states had of 1863 and its Place in the Codification sole responsibility for making the adopted the more modern approach Movement, 11 J.S. Legal Hist. 81, 57 determination as to whether sec- of the Federal Rules of Evidence. 96 (2003); Paul S. Milich, Georgia ondary evidence should be admit- Regardless, the new evidence rules Rules of Evidence §§ 1:1 (2012). ted into evidence.53 However, if that took effect this year bring 5. George Ochoa & Melinda Corey, the opposing party attacks the reli- Georgia law into the 21st century The Timeline Book of Science 151 ability of the secondary evidence and streamline evidentiary issues (Ballentine Books 1995). on one or more grounds as set so that parties can more efficiently 6. A. Edward Evenson, The Telephone Patent Conspiracy of forth in the statute, it remains for reach the merits of their cases. At 1876: The Elisha Gray-Alexander the jury to determine the weight to a time when state leaders are grap- Bell Controversy and its Many 54 be given to the evidence. Another pling with a recovering economy in Players 81-82 (McFarland & new Code section provides that a order to continue the growth of our Company, Inc. 2000). document may be authenticated state’s treasury, it is clear that they 7. Paul S. Millich, Georgia’s New by an opposing party’s admis- made a wise decision by enacting a Evidence Code – An Overview, 28 Ga. sion of its accuracy during a modernized evidence code that is St. U.L. Rev. 379, 380-81 (2012). deposition or when responding to practical and economical. Both our 8. Id. discovery requests.55 citizenry and our justice system are 9. Id. Section one of the 2011 evidence the better for it. 10. 2011 Ga. Laws 99 (Act No. 52, H.B. legislation stated: “[i]t is the intent 24) (codified at O.C.G.A. §§ 24-1- 1 to 24-10-154 and other sections of the General Assembly to adopt W. Matthew Wilson is throughout the Official Code of the Federal Rules of Evidence,” as currently a third-year Georgia). interpreted by federal case law as of student at the 11. Kathleen Baydala Joyner, Evidence Jan. 1, 2013, to the extent that such University of Georgia Bill Roller Coaster Ends Today, The interpretation is consistent with the School of Law. Prior to Daily Report, April 14, 2011. Constitution of Georgia.56 By adopt- law school, he worked 12. Press Release, Office of the ing this approach, Georgia joined Governor, Deal Signs Bill to Fight as a legislative consultant for the the pattern of almost every other Human Trafficking: Governor state in the nation by modernizing State Bar, helping to pass the Modernizes Georgia Legal Code, its evidence code. No longer does evidence code rewrite in 2011. Including Updated Rules of

16 Georgia Bar Journal Evidence (May 3, 2011) (available 25. O.C.G.A. § 10-12-7(c) (2010); 46. Fed. R. Evid. 1005 advisory at http://gov.georgia.gov/press- O.C.G.A. § 24-10-1001(1) (2013). committee’s note. releases/2011-05-03/deal-signs-bill- 26. Lorraine, 241 F.R.D. at 577 (citing 47. O.C.G.A. § 24-10-1006 (2013). fight-human-trafficking-governor- Weinstein at § 900.07[1][d][iv]). 48. Id. modernizes-georgia-legal). 27. Fed. R. Evid., Pub.L.No. 93-595, 88 49. See Herman v. Davis Acoustical 13. O.C.G.A. §§ 24-5-20 through 24-5- Stat. 1945 (Jan. 1975). Corp., 21 F. Supp 2d 130, 135 33. See also DOT v. Baldwin, 292 28. Lorraine, 241 F.R.D. at 576. (N.D.N.Y. 1998), rev’d on other Ga. App. 816, 822 (2008). 29. O.C.G.A. § 24-10-1003 (2013). grounds, 196 F.3d 354 (2d Cir. 1999). 14. See e.g., Perkins v. State, 260 Ga. 30. O.C.G.A. § 24-9-902(11) (2013). 50. United States v. Conlin, 551 F.2d 292, 295(7), 392 S.E.2d 872, 876(7) 31. United States v. Ramentol, 410 534, 539 (2d Cir. 1977) (“A chart (1990) (“The best evidence rule Fed. Appx. 236, 241-42 (11th Cir. which for any reason presents applies only to writings.”). 2010) (analyzing Fed. R. Evid. an unfair picture can be a potent 15. Smith v. State, 236 Ga. 5, 8, 222 1003). weapon for harm, and permitting S.E.2d 357, 360 (1976). 32. Id. the jury to consider it is error.”) 16. Bostic v. State, 183 Ga. App. 430, 33. Id. (citing Steele v. United States, 432, 359 S.E.2d 201, 204 (1987). 34. Id. 222 F.2d 628, 630 (5th Cir. 1955); 17. Reese v. State, 252 Ga. App. 650, 35. Id. Holland v. United States, 348 U.S. 654, 556 S.E.2d 150, 155 (2001). 36. Fed. R. Evid. 1003 advisory 121, 127-28 (1954)). 18. Audio recordings constitute a committee’s note. 51. See e.g., Pierce v. Ramsey Winch “recording . . . set down by . . . 37. Myrick v. United States, 332 F.2d Co., 753 F.2d 416, 431 (5th Cir. magnetic impulse, or mechanical 279, 282 (5th Cir. 1963). 1985) (citation omitted) (“Charts or electronic recording” pursuant 38. Johns v. United States, 323 F.2d of this nature are not themselves to O.C.G.A. § 21-10-1001(1). Video 421 (5th Cir. 1963). evidence and, absent the consent recordings are included within 39. Sauget v. Johnston, 315 F.2d 816, of all parties, they should not be the definition of “photograph” in 817-18 (9th Cir. 1963). sent to the jury room with the O.C.G.A. § 24-10-1001(2). 40. United States v. Rogozinski, 339 other exhibits.”). 19. O.C.G.A. §§ 24-5-1 through 24-5-33 Fed. Appx. 963, 968 (11th Cir. 52. O.C.G.A. § 24-10-1008 (2013). (2010). 2009). See also Ronald L. Carlson & 20. O.C.G.A. § 24-10-1004 (2013). 41. Johns, 323 F.2d at 421-22. Michael S. Carlson, Carlson on 21. Lorraine v. Markel Am. Ins. Co., 42. Id. See also McLaurin v.Kornas, Evidence 421 (2013). 241 F.R.D. 534, 580 (D. Md. 2007). 439 Fed. Appx. 38, 40 (2nd Cir. 53. Id. See also O.C.G.A. § 24-1-104 22. O.C.G.A. § 24-5-5 (2010) (superseded 2011) (district court properly (2013). by Act No. 52, H.B. 24). 2011 Ga. admitted audio recording based 54. O.C.G.A. § 24-10-1008 (2013). Laws 99. See also Neville Constr. Co. on police officer’s testimony that 55. O.C.G.A. § 24-10-1007 (2013). v. Cook Paint & Varnish Co., 671 he participated in telephone call); 56. 2011 Ga. Laws. 99, § 1. F.2d 1107, 1109 (8th Cir. 1982) (“[T]he Fitzgerald v. Santoro, 707 F.3d 57. Paul S. Milich, Georgia rules of Federal Rules of Evidence recognize 725, 731 (7th Cir. 2013) (court evidence §§ 1:1 (2012). no degrees of secondary evidence to dismissed plaintiff’s lawsuit 58. Names provided by the authors prove the contents of a writing that based on copy of the police radio in the trial hypothetical that has been lost or destroyed.”). dispatch audio recording). appears at the start of this article 23. O.C.G.A. § 24-10-1005 (2013). 43. Johns, 323 F.2d at 421-22. to supply realism do not refer to 24. United States v. Walker, 60 Fed. 44. O.C.G.A. § 24-10-1005 (2013). actual persons. Any relation to real Appx. 637, 638 (8th Cir. 2003). 45. Id. persons is coincidental.

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August 2013 17 GBJ Feature

South Carolina’s Lowcounty Shines at the 2013 Annual Meeting

by Jennifer R. Mason

ilton Head Island, jewel of South

Carolina’s Lowcountry, welcomed Bar H members and their families to its shores for the 2013 Annual Meeting. The meeting was held during the third week in June, a bit later than in previous years, and those who made the trip were treated to a true coastal summer experience. Business was the focus of the weekend, but there was plenty of fun to go around, from planned events such as the Opening

Night Festival to more spontaneous offerings including shopping at the famous Hilton Head Outlets and enjoying time on some of the world-famous golf courses or miles of beautiful beaches. Opening Night Photos by Sarah I. Coole, Jennifer R. Mason, Derrick W. Stanley and Stephanie J. Wilson Despite the threat of rain, a constant on the coast, Bar members and their guests enjoy the Opening Night Festival, plans to set up the Opening Night festivities out- held on the pool deck of the Marriott Resort and Spa.

18 Georgia Bar Journal side went undeterred, and no one was disappointed. The event boasted some of the most delight- ful weather of the weekend. The casual, family-friendly gathering was well-attended and provided ample opportunity to catch up with old friends while enjoying a good meal and great company. Bar members, their families and guests enjoyed the beach tunes provided by Landsharks while they sampled the offerings of the buffet and open bars. Heated crab races were hap- pening on one side of the pool deck while a fierce hula hoop competition was being held on the other. And as always, games that tested ones skill and athletic prowess were highlighted. Catching Up On Business The business of the weekend was (Left to right) Eunice Mixon, longtime lay member of the Investigative Panel, enjoys the Opening spread out over three days, allow- Night Festival with 2012-13 Treasurer Patrice Perkins-Hooker. Mixon was attending her final Annual Meeting as a member of the Panel. ing members the time to incorporate work with pleasure. The CLE for- and Swearing-In Ceremony and the Court, Southern District address by mat once again allowed for move- Presidential Inaugural Gala. Other Chief Judge Lisa G. Wood, the State ment between topics on one or both social events included the annual of the Georgia Law Department days, so that attendees would be YLD/Pro Bono 5K Fun Run and the by Attorney General Sam Olens, able to customize their schedule by tennis and golf tournaments. the State of the Senate by Sen. their specific interest. Topics ranged Josh McKoon (chair of the Senate from the new juvenile code and Board Meeting Judiciary Committee), the State of updates on recent decisions from Highlights the Georgia Senate Special Judiciary the Court of Appeals of Georgia, Committee by Sen. Curt Thompson the Supreme Court of Georgia and Following the presentation of (chair of the Senate Special Judiciary the 11th Circuit Court of Appeals awards at the June 21 plenary ses- Committee) and the State of the to voting rights and ethics, mal- sion, the board received a report House of Representatives by Rep. practice and professionalism to law by Robert McCormack, deputy Edward Lindsey. practice management offerings and general counsel, and by unani- President Clark presented a res- the war stories plus Georgia evi- mous voice vote, approved recom- olution to Jessica Powell, who was dence update. Several sections also mending to the Supreme Court of diagnosed several years ago with offered CLE opportunities in con- Georgia proposed amendments to Addison’s disease, but recently junction with their lunch programs. Article III, Section 3 of the bylaws. went into Addisonian Crisis. The In addition to the education com- The board then received a report resolution honors Jessica for the ponent of the weekend, other busi- on Memorials by President Robin extraordinary courage and strength ness was also addressed through Frazer Clark, followed by reports she has displayed throughout her section and committee meetings. on the Investigative Panel by Larry trials and tribulations and expresses But business gave way to more I. Smith, the Review Panel by Tony the Bar’s best wishes for her recov- social activities with the various Askew and the Formal Advisory ery in the months ahead, as well as law school and section receptions Opinion Board by Jim Ellington. a bright future and lifetime of suc- scheduled for the early evening Gov. Nathan Deal delivered the cess and happiness. Jessica is the hours. Here section members, law Office of the Governor address, fol- daughter of Jay Powell, a State Bar school alumni, Bar members and lowed by the State of the Supreme member and a State Representative invited guests were able to meet Court of Georgia address by Chief from Georgia House District 171, and spend time with each other in a Justice Carol W. Hunstein, the State and Carol B. Powell. more relaxed setting. The receptions of the Court of Appeals of Georgia Paula Frederick, general coun- set the tone for the various evening address by Chief Judge John J. sel, presented the Employee of the events, including the YLD Dinner Ellington, the State of the U.S. District Year Award to Bobbie Kendall,

August 2013 19 Jessica Powell, with her father Rep. Jay Powell, was recognized by 2013-14 YLD President Darrell Sutton presents the YLD Ethics & 2012-13 State Bar of Georgia President Robin Frazer Clark for her Professionalism Award to Kimberlee Hillard. strength and courage in the face of adversity. legal secretary in the Office of the Investigative Panel Mercer University: Patrick General Counsel, for her dedica- District 8: Donald W. Huskins Longan (2015) tion, service and support of the (2016) University of Georgia: Lonnie State Bar. District 9: Ramon Alvarado Brown Jr. (2015) Chief Justice Carol W. Hunstein (2016) At-Large: Edward B. Krugman presented a resolution from the District 10: Larry I. Smith (2016) (2015) Supreme Court of Georgia to the At-Large: Dan Reinhardt (2016) Travis Sakrison (2015) family of the late former chief jus- Review Panel Jeffrey Schneider (fills unex- tice and State Bar Past President Northern District: Brad Marsh pired term of Ed Carriere) (2014) Harold G. Clarke. (2016) n The board approved President During the plenary session, Middle District: Rusty Simpson Ruffin’s 2013-14 appointments President Robin Frazer Clark (2016) to Standing, Special, Program delivered her outgoing remarks Southern District: Sarah Brown and Board committees. as required by the bylaws of the Akins (2016) n The board elected Cliff Brashier State Bar. A copy of these remarks Formal Advisory Opinion as executive director for the can be found on page 28 of the Board 2013-14 Bar year. Bar Journal. Georgia Trial Lawyers Assoc.: n The board approved the appoint- Charles L. Ruffin presided over Jack Helms Jr. (2015) ment of Damon Elmore, Albert the 248th Board of Governors meet- Georgia Defense Lawyers Assoc.: Reichart Jr. and Jill Pryor to the ing on Saturday, June 22. Evelyn Fletcher Davis (2015) Georgia Legal Services Board of Highlights of the meeting Young Lawyers Division: Trustees for two-year terms. included: Christopher R. Abrego (2015) n The board approved the reap- n The board approved the follow- Atlanta’s John Marshall Law pointment of Jennifer Davis to ing presidential appointments: School: Jeffrey Van Detta (2015) the Chief Justice’s Commission

20 Georgia Bar Journal on Professionalism for a three- fied in writing, acknowl- finances and investments, and year term. edge receipt thereof. the board, by unanimous voice n The board approved the pro- n Designated Cherry Bekaert vote, approved the proposed posed 2013-14 election schedule. & Holland as the indepen- 2013-14 Operation and Bar n As required by Article V, Section dent auditing firm to audit Center budgets as submitted. 8 of the Bylaws, the board: the financial records of the n The board received a copy of n authorized the president State Bar for the fiscal year the revenue and expenditures, to secure blanket fidelity 2011-12. income statement YTD, balance bonds for the Bar’s Officers n President Ruffin addressed the sheet and Bar Center revenue and staff handling State Bar Board of Governors and pre- and expenditures for the 10 funds. sented an overview of his pro- months ending April 30. n As required by Article V, Section posed program of activities for n Following a report by Paula 6 of the Bylaws, the board: the 2013-14 Bar year (see page Frederick, the Board of n directed the State Bar and 36). Governors, by unanimous voice related entities to open n Executive Committee elec- vote, approved recommend- appropriate accounts with tions were held with the fol- ing to the Supreme Court of such banks in Atlanta, Ga., lowing results: Elizabeth L. Georgia proposed amendments but excluding any banks Fite, Kenneth B. Hodges III, to Rule 4-228, Receiverships. that do not participate in David S. Lipscomb and Brian The proposed amendments will the IOLTA Program, and D. Rogers. be published for members’ com- other such depositories n Immediate Past President Robin ments before being forwarded as may be recommended Frazer Clark presented the to the Court. by the Finance Committee Suicide Prevention Awareness n Following a report by Paula and designated by the video. She also announced that Frederick, the Board of Executive Committee of the several PSAs have been devel- Governors, by unanimous voice Board of Governors of the oped in conjunction with this vote, approved recommend- State Bar of Georgia, said effort to educate Bar members, ing to the Supreme Court of depository currently being their families and business Georgia proposed amendments Merrill Lynch, and that the associates how to recognize the to Rule 7.3, Advertising Rules. persons whose titles are symptoms of suicide and where The proposed amendments will listed below are authorized to seek help. be published for members’ com- to sign an agreement to n Treasurer Bob Kauffman pre- ments before being forwarded be provided by such banks sented a report on the Bar’s to the Court. and customary signature cards, and that the said banks are hereby authorized to pay or otherwise honor any check drafts, or other orders issued from time to time for debit to said accounts when signed by two of the following: treasurer, secretary, president, immediate past president, president-elect, executive director, general counsel and officer man- ager provided either the president, secretary or treasurer shall sign all checks or vouchers, and that said accounts can be reconciled from time to time by said persons or their designees. The authority herein given is to remain irrevocable so as said banks are con- (Left to right) Greg Fullerton, Court of Appeals Presiding Judge Herbert E. Phipps, Carol cerned until they are noti- Fullerton and Court of Appeals Judge Carla Wong McMillian enjoy the Opening Night Festival.

August 2013 21 1 2

4 5

9 10 Photos Annualfrom the Meeting 1. (Left to right) Board Member Carl Varnedoe and his wife Christina enjoy the Presidential Gala with YLD Past President Stephanie J. Kirijan and Dane Cooper. 2. 2012-13 President Robin Frazer Clark presented the Thomas R. Burnside Excellence in Bar Leadership Award to Hon. Gordon Robert Zeese, nominated by the Dougherty Circuit Bar Association. 3. The 2013-14 Executive Committee (left to right, top row): YLD Immediate 3 Past President Jon Pannell, Kenneth B. Hodges III, David S. Lipscomb, Patrick T. O’Connor, President Charles L. Ruffin, Brian D. “Buck” Rogers, Elizabeth L. Fite and YLD President- Elect Sharri Edenfield. (Left to right, bottom row) YLD President Darrell L. Sutton, Secretary Rita A. Sheffey, President-Elect Patrise Perkins-Hooker, Immediate Past President Robin Frazer Clark, Phyllis J. Holmen and Treasurer Robert J. Kauffman. 4. The Commitment to Equality Awards were presented at the Annual Meeting. (From left to right) Committee Member Denise Loraine Allen; Award Recipients Charles S. Johnson III, Robert M. Lewis Jr., Hon. Louis Sands and Kenneth B. Hodges III; Committee Members R. Javoyne Hicks White and Jacqueline F. Bunn. 5. President-Elect Patrise Perkins-Hooker 6 celebrates with her husband, Doug, at the Presidential Inaugural Gala. 6. (Left to right) David B. Bell, Susan Bell, Justice Hugh Thompson, 2012- 13 President Robin Frazer Clark and her husband Bill at the Opening Night Festival. 7. (Left to right) Winners of the 2013 Tennis Tournament: Steven Koura, Cindy Presto, Morgan McDonald and Hon. Tom Thrash. 8. (Left to right) Secretary Rita A. Sheffey and Atlanta Bar Association Executive Director Terri Beck during the Supreme Court Justice’s Reception. 9. (Left to right) Paul and James Pannell enjoy one of the best things about summer: popsicles at the Opening 8 Night Festival. 10. The 2013-14 YLD officers are sworn-in by Justice Keith Blackwell (left to right) Immediate Past President Jon Pannell, Newsletter Co-Editor Will Davis, Secretary Jennifer C. Mock, Treasurer John R. B. “Jack” Long, President-Elect Sharri Edenfield, President Darrell L. Sutton and Justice Keith Blackwell. (not pictured, Newsletter Co-Editor Crystal Conway) 11. Attendees of the Opening Night Festival enjoyed a beautiful summer evening. 12. Local and Voluntary Bar Awards were presented during the plenary session on 11 12 Friday, June 21. n Following a report by Judge Lawton Stephens, the Board of Governors, by unanimous voice vote, approved the recommendations of the Next Generation Courts Commission as outlined in its Executive Summary. The Commission heard from a variety of respondents about issues currently facing the courts, and looked at trends likely to affect the courts in the next 10 to 15 years. The Commission will next develop a long-term strat- egy and proposed action plan based on the recommendations. n YLD President Darrell Sutton addressed the Board of Governors and presented Bobbie Kendall, legal secretary in the Office of the General Counsel of the State Bar of an overview of his proposed Georgia, was honored with the 2013 Employee of the Year Award, presented June 22 during the Bar’s Annual Meeting. (Left to right) General Counsel Paula Frederick, Bobbie Kendall and program of activities for the 2012-13 President Robin Frazer Clark. 2013-14 Bar year. He thanked Immediate Past YLD President Jon Pannell for all of his accomplishments as president. This year will be characterized by service to the YLD members around the state who have been impacted by the downturn in the economy. He will be taking the YLD on the road to meet with and visit all of the 12 local YLD affiliates around the state. He will be reaching out to the law schools to start a fellows program wherein a 3L from each of Georgia’s law schools will be named a fellow and serve on the YLD Executive Council. He will continue to strengthen the Bar’s legislative program, and has invited State Bar legislative consultant Jim Collins and grassroots coordinator Zack Johnson to attend each YLD meeting to inform young lawyers about the legislative process and encourage them to run for office. Lastly, he will continue with and seek perma- nent funding for the YLD Public Interest Internship Program. The Board of Governors also received a written report on the YLD committees, programs and projects. n Rusty Sewell provided a recap Gov. Nathan Deal delivers the Office of the Governor’s address during the plenary session at the Annual Meeting. of the Bar’s 2012-13 legisla-

24 Georgia Bar Journal tive program and a preview ing past Bar presidents, honors The 2012 GACDL Indigent of the 2014 legislative session. one lawyer and one judge who Defense Award was presented President Ruffin recognized have and continue to demonstrate in November to The Georgia the Bar’s legislative consultants the highest professional con- Resource Center, under the direc- and thanked them for their duct and paramount reputation tion of Brian Kammer. work during this year’s legisla- for professionalism. This year’s GACDL presented 2012 tive session: Rusty Sewell, Jim recipients were Hon. John E. President’s Awards to Jill Anderson Collins, Meredith Weaver, Roy Girardeau, judge, Superior Court, Travis and Charles T. Magarahan. Robinson and grass roots coor- Northeastern Circuit, Gainesville dinator Zach Johnson. and Richard Hunter Deane Jr., Local and Voluntary Bar n Paula Frederick provided Jones Day, Atlanta Activities Awards an update on the activities of The Thomas R. Burnside Jr. the ABA House of Delegates 2013 Commitment to Excellence in Bar Leadership and upcoming ABA Annual Equality Awards Award, presented annually, hon- Meeting in San Francisco. The Commitment to Equality ors an individual for a lifetime n The board received writ- Awards, presented by the of commitment to the legal pro- ten reports from the Office of Committee to Promote Inclusion fession and the justice system in the General Counsel, the Fee in the Profession, recognize Georgia, through dedicated ser- Arbitration Program, the Law the efforts of lawyers and legal vice to a voluntary bar, practice Practice Management Program, employers who are committed to bar, specialty bar or area of prac- the Military Legal Assistance providing opportunities that fos- tice section. This year’s recipient Program, the Committee on ter a more diverse legal profes- was Hon. Gordon Robert Zeese, Professionalism, the Unlicensed sion for members of underrep- nominated by the Dougherty Practice of Law Program, the resented groups in the state of Circuit Bar Association. Transition into Law Practice Georgia. These awards are pre- The Award of Merit is given Program and the Real Estate sented to lawyers who not only to local and voluntary bar asso- Task Force. personally excel in their own prac- ciations for their dedication to n The board received written tice, but who have demonstrat- reports from the following sec- ed a commitment to promoting Thank You tions: Aviation Law, Business diversity in the legal profession. Law, Child Protection and The Randolph Thrower Lifetime Annual Meeting Advocacy, Creditors’ Rights, Achievement Award recognizes Sponsors Family Law, General Practice an outstanding individual who and Trial Law, Individual Rights has dedicated his or her career Corporate Sponsors Law, Intellectual Property Law, to these causes. The recipient of 5 Gavel Judicial, Local Government the Randolph Thrower Lifetime Member Benefits, Inc. Law, Military/Veterans Law, Achievement Award was Charles ProAssurance LawyerCare© Nonprofit Law, Taxation Law, S. Johnson III, Holland & Knight 3 Gavel Technology Law and Workers’ LLP, Atlanta. The recipients of Daily Report Compensation Law. the Commitment to Equality 1 Gavel Awards were Robert M. Lewis Jr., Annual Awards U.S. Department of Labor, Office ABA Retirement Funds Thomson Reuters During the plenary session, of Solicitor, Atlanta; Kenneth outgoing President Robin Frazer Bryant Hodges III, Rafuse Hill Sections Clark recognized specific Bar & Hodges, LLP, Atlanta; and Silver Level members and organizations for Hon. W. Louis Sands, judge, Criminal Law the work they have done over the U.S. District Court, Middle Labor & Employment Law past year. District, Albany. Copper Level Chief Justice Thomas O. Georgia Association of Fiduciary Law Marshall Professionalism Criminal Defense Lawyers Other Award Awards Creditors’ Rights The 12th annual Chief The Georgia Association General Practice & Trial Law Justice Thomas O. Marshall of Criminal Defense Lawyers Health Law Professionalism Award, spon- (GACDL) announced that the 2013 Individual Rights Law sored by the Bench and Bar G. Terry Jackson Friend of the Intellectual Property Law Committee of the State Bar of Constitution Award was presented Judicial Georgia and selected by all liv- in January to Douglas N. Peters.

August 2013 25 improving relations among local n 251 to 500 members: Gwinnett audience. The bar associations are lawyers and devoting endless County Bar Association judged in size categories. hours to serving their commu- n 501 members or more: Georgia nities. The bar associations are Defense Lawyers Association n 51 to 100 members: Walton judged according to size. County Bar Association The Law Day Award of n 101 to 250 members: Blue Ridge n 51 to 100 members: Fayette Achievement is presented to local Bar Association County Bar Association and voluntary bar associations that n 251 to 500 members: DeKalb n 101 to 250 members: Blue Ridge best plan Law Day activities in their Bar Association Bar Association respective communities to commem- n 501 members or more: Georgia n 251 to 500 members: Stonewall orate this occasion. The bar associa- Association for Women Bar Association of Georgia tions are judged in size categories. Lawyers n 501 members or more: Cobb County Bar Association n 51 to 100 members: Houston The President’s Cup Award is a County Bar Association traveling award presented annual- The Best New Entry Award is 101 to 250 members: Blue Ridge ly to the voluntary bar association presented to recognize the excel- Bar Association with the best overall program. This lent efforts of those voluntary bar 251 to 500 members: Gwinnett year’s recipient was the Atlanta associations that have entered the County Bar Association Bar Association. Law Day or Award of Merit com- 501 members or more: Atlanta petitions for the first time in four Bar Association Pro Bono Awards years. This year’s recipient is the The pro bono awards recipi- Fayette County Bar Association. The Best Website Award is given ents will be honored at a special The Best Newsletter Award to local and voluntary bar associa- awards reception at the State Bar award is presented to local and tions with websites that exemplify of Georgia on Oct. 24 in conjunc- voluntary bars that provide excellence in usefulness, ease of tion with the annual American the best informational source to their use, content and design in meeting Bar Association National Pro membership, according to their size. the needs of the website’s targeted Bono Celebration.

State Bar of Georgia2013-14 | Board of Governors Meeting Dates Fall 2013 Spring 2014 Nov. 1-3 March 21-23 Jekyll Island Club Hotel RitzCarlton Lodge, Reynolds Plantation Jekyll Island, Ga. Greensboro, Ga. Midyear 2014 Annual 2014 Jan. 9-11 June 5-8 InterContinental Buckhead Omni Amelia Island Atlanta, Ga. Amelia Island, Fla.

26 Georgia Bar Journal n Dan Bradley Legal Services Award—William K. Broker n H. Sol Clark Award—Guy E. Lescault n William B. Spann Jr. Award— Atlanta office of Burr & Forman LLP n A Business Commitment Pro Bono Award—Atlanta office of Jones Day and Hunter Maclean LLP attorney Edward Olmsted Henneman Jr. Section Awards Section awards are presented to outstanding sections for their dedication and service to their areas of practice, and for devoting endless hours of volunteer effort Hon. Thomas B. Wells, U.S. Tax Court, administers the oath of office to 2013-14 President to the profession: Charles L. Ruffin while his wife Sally looks on. n Section of the Year Award of Achievement for placed his left hand on the Bible Intellectual Property Law Service to the Public: Katie Dod, and repeated the following: Section, Philip Burrus, chair Karen Kurtz, Jessica Odom, Emilia I, Charles L. Ruffin, do solemnly n Awards of Achievement Walker and Sarah White. swear that I will execute the office Child Protection & Advocacy Award of Achievement for of president of the State Bar of Section, Nicki Vaughan, chair; Service to the Profession: Kelly Georgia, and perform all the duties Family Law Section, Kelly Campanella, Sean Ditzel, Jennifer incumbent upon me, faithfully, to Miles, chair; Military/Veterans Nichols and Ashley Sawyer. the best of my ability and under- Law Section, John Camp, chair Award of Achievement for standing, and agreeable to the poli- Service to the YLD: Karen Kurtz, cies, bylaws and rules and regula- Tradition of Excellence Awards Nedal Shawkat, Carl Varnedoe tions of the State Bar of Georgia; the The Tradition of Excellence and Kirsten Widner. laws and Constitution of the United Awards are presented each YLD Ethics & Professionalism States. So help me God. year to selected Bar mem- Award was presented to Kimberlee Upon the conclusion of the busi- bers in recognition of their Hillard. ness portion of the evening, guests commitment to service to Outstanding YLD Affiliate: spilled out into the foyer of the the public, to Bar activities and Cobb County YLD. convention center for dinner and to civic organizations. The 2013 entertainment. Multiple dining sta- recipients were: Thomas S. Passing of the Gavel tions offered a variety of dinner Carlock, Atlanta (defense); Mary Prior to the swearing-in options from seafood to Tex-Mex. A. Prebula, Duluth (general prac- ceremony, 2012-13 President Attendees took a moment to sit, eat tice); Hon. William McMurray Robin Frazer Clark presented the and chat with friends old and new Jr., Atlanta (judicial); and Eugene Distinguished Service Award, before venturing into the enter- P. “Bo” Chambers Jr., Atlanta the highest accolade bestowed on tainment areas, which included a (plaintiff). an individual lawyer by the State martini bar, scotch and cigar bar Bar of Georgia, to Rep. Wendell and the dance club headlined by Young Lawyers Division Willard (see page 46). Willard Atlanta’s Party Nation. Awards was honored for his “conspicu- The Distinguished Judicial ous service to the cause of juris- Jennifer R. Mason is Service Award was presented to prudence and to the advance- the assistant director Hon. Stephen Louis A. Dillard. ment of the legal profession in of communications for The Ross Adams Award was the state of Georgia.” the State Bar of presented to Elena Kaplan. Following the awards presenta- Georgia and can be Award of Achievement for tion, Hon. Thomas B. Wells swore reached at jenniferm@ Service to the Bar: Ivy Cadle and in Charles L. Ruffin as the 51st gabar.org. Adriana Sola Capifali. president of the State Bar. Ruffin

August 2013 27 GBJ Feature

A Rising Tide Lifts All Boats Remarks to the Board of Governors by Robin Frazer Clark

The bylaws of the State Bar of Georgia specify the duties of the president. One of the responsibilities is to “deliver a report at the Annual Meeting of the members of the activities of the State Bar during his or her term in office and furnish a copy of the report to the Supreme Court of Georgia.” Following is the report from 2012-13 President Robin Frazer Clark on her year, delivered June 21 at the State Bar’s Annual Meeting.

ne year ago, when I stood before you

down the coast a bit in Savannah and O outlined my vision for this year, I told you that the theme for my term as State Bar president would be the quote from President John F. Kennedy, which I have adopted as my outlook on life and the practice of law—that a rising tide lifts all boats.

I strongly believed then—and believe now—that if you reach out your hand to help lift another, you will be rewarded. Today, as we reflect on the many successes of the past 12 months—along with a disappointment or two—I can truly say that the State Bar of Georgia Photo by Sarah I. Coole has reached out its hand time and time again to help 2012-13 President Robin Frazer Clark gives her end of the year others, and the results have been rewarding for this report to the Board of Governors during the plenary session at the Annual Meeting. organization and will benefit the legal profession, the justice system and the people of Georgia for genera- ond woman to serve in this office is something I have tions to come and I am proud of the role I have played. thought about every day of the past year. As I have said before, serving as president of the I told you last year of my intention to promote diver- State Bar of Georgia is the single greatest honor of my sity and inclusion during my term as president. I said legal career. And the historical significance of being I would make diversity appointments to various com- both the 50th president of the unified Bar and the sec- mittees and always look to include points of view from

28 Georgia Bar Journal all sectors and practices of the Bar, and I have done that. And so I’m clear, I don’t mean diversity for diversity’s sake. . . . I mean diversity so that all points of view are LAWYER ASSISTANCE truly represented, different perspectives than your own are considered, weighed and respected, and leadership PROGRAM is forced out of its comfort zone to walk a mile in someone else’s shoes. This makes an organization more truly representative of its membership and the membership more eagerly buys into it, wants to be a part of it and wants it to flourish. That’s what I mean when I say I promote diversity. But I am most proud of the movement toward diversity that is taking place on its own in the leader- Stress, life challenges ship of the State Bar. Of the 82 Bar offices and Board of Governors seats that were up for election this year, 30 or substance abuse? were won by women. In the Atlanta Circuit, women were elected to 16 out of 20 Board seats. That is amazing and is certainly a step in the right direction toward our becoming an organization whose leadership is truly representative of its membership. Some of the programs the State Bar has initiated We can this year were not included in my speech last year. I am glad that we have the capability and flexibility to address issues and challenges that arise during the course of the year in a meaningful way. help. As we all know, suicide touched our profession and our Bar family this year. Tragically, we are not alone. The Lawyer Assistance Program is a Suicide is the third-leading cause of death among lawyers. Our work is high stakes, high stress and high risk. free program providing confidential Failure is not an option in our profession. assistance to Bar members whose As Judge Anne Workman put it in her address to the DeKalb Bar Association a few years ago, “Our clients personal problems may be interfering do not routinely believe we serve their interest. We are with their ability to practice law. not admired by the public in general. Management of our workload overwhelms us. We are beset by ever- increasing overhead, by an overload of technological devices that tether us to the office around the clock, by unhappy and at times unmanageable clients, by a surfeit of mind-numbing work just to keep afloat, and by a general malaise brought about by the combination of all these factors.” Consequently, lawyers are three times as likely to suf- fer from depression as any other profession, and the rate of death by suicide is two to six times that of the general population. These statistics come from the website of the State Bar of Texas, which has taken a leading role toward suicide prevention awareness in the legal profession. Starting this year, State Bar of Georgia is taking steps to follow suit. I created a new Suicide Prevention Committee, chaired by Randy Evans, whose primary goal is to raise awareness among Bar members about addressing the dangerous situation within the legal profession, how to recognize the risk factors and warning signs of suicide Confidential Hotline and the fact that help is available to Georgia lawyers through the Lawyers Assistance Program. Our suicide prevention awareness initiative is named 800-327-9631 “How to Save a Life,” borrowing the title of the song by

August 2013 29 the rock band The Fray, and has which is the result of decades of bill, one of the Bar’s own, HB 160, a dual purpose, directed toward work that originated with the State which Rep. Mike Jacobs carried for those who are suffering from anxi- Bar’s Young Lawyers Division— us. It was successfully amended ety and depression and may be received from everyone involved, all in Senate Judiciary on March 20. at risk for suicide, as well as all stakeholders, was tremendous. On March 22, HB 359 passed the Bar members, who need to recog- We worked with the gover- Senate with our Villanueva amend- nize the severity of the problem nor’s staff, particularly, Thomas ment on it. The House agreed to and be able to identify warning Worthy, to get this passed and the Senate substitute of HB 359 on signs among our colleagues. I have it was rewarding to do so, espe- March 26. obtained the approval of the Boards cially to accomplish something so So within a span of only eight of the Institute of Continuing important as reforming the way days, the State Bar had success- Education and the Commission on we deal with juvenile offenders fully passed a bill prohibiting the Continuing Lawyer Competency to reduce the criminal recidivism assignment of legal malpractice for this suicide prevention video to rate and put our tax dollars to their claims and eliminating the signifi- count as both regular and profes- most efficient use. The day that cant problems the Villanueva deci- sionalism CLE hours and that the Gov. Nathan Deal signed House sion would have caused the legal video will be shown at every pro- Bill 242 into law was a great day profession and all of our mem- fessionalism seminar for the next for Georgia’s youth and Georgia bers. By the way, we passed the year. This means that all of our citizens, too. I am very proud of the amendment twice because HB 160 members will see this video at least State Bar’s work on this. also passed on March 26 and was once in the coming year and will Another big success was the agreed to March 29, the last day of thereby learn the signs of someone approval of an amendment to pro- the session around 5:30 p.m., which who is at risk for suicide and will hibit the assignment of legal mal- I was there to witness. learn how to get help. practice claims. You will recall I am extremely proud of our lob- Our State Bar has the resources to that the Supreme Court of Georgia bying team on pulling this off in help our members who are at risk. issued an opinion in Villanueva v. eight days. Amazing! I also must We know already that the “How to First American Title that held legal thank the governor’s office staff, Save a Life” initiative has already malpractice claims are assignable, the legislative leadership and our worked before it’s even officially unfortunately going against the posi- friend and colleague, Randy Evans. launched to save at least two lives. tion the State Bar had argued for in This was major work by the State We know that because those law- its two Amicus Briefs in that case. Bar on behalf of all Georgia lawyers have told us that themselves. The day the Court’s opinion was yers and it protects the confidential Just imagine how many more lives published, March 18, I instructed attorney/client relationship from we will save once the initiative is in our lobbying team to look for leg- the consequences of Villanueva. full force? That’s something I take islation to which an amendment By the way, this was the third great pride in and something we could be attached that would pro- session we had tried to pass HB 160 can all be proud of. hibit the assignment of legal mal- dealing with Future Conveyances, The top highlight of this year, practice claims. They found three and it passed this year, too! What without a doubt, was our suc- and began working that day to do a coup! cess during the 2013 session of the necessary legwork to amend The State Bar also took official the Georgia General Assembly. I HB 359, which was the gover- positions opposing Patient Injury think the State Bar of Georgia had nor’s bill dealing with unclaimed Act and the Mandatory Arbitration our best session that I have seen in property and was pending in the in Nursing Home contracts as many years, perhaps ever. This is Senate Finance Committee. We being infringements on citizens’ 7th the result of the strongest lobby- obtained the green light from the Amendment Right to Trial by Jury. ing team ever assembled for the Chairman, Sen. Judson Hill, the Neither of these bills could gar- Bar, and the greatest participation bill’s sponsor, Rep. Chad Nimmer ner enough support to make it out by our members in reaching out and the governor’s office, includ- of the Health and Human Services to our elected officials under the ing Ryan Teague, David Werner Committee, where they are pending Gold Dome. and Thomas Worthy. going into the 2014 session. First of all, I am especially proud On Tuesday, March 19, we suc- The only disappointment from that the new Juvenile Justice Code, cessfully amended HB 359 with our this session is that we will have to at long last, was approved unani- Villanueva amendment. Our lob- keep trying on a pay raise for our mously by both the House of bying team was spectacular, and judiciary. I have not delivered the Representatives and the Senate. I I want you to know that Randy cannons of Fort Ticonderoga to testified in support of this bill in both Evans was a tremendous help with Boston. Yet. I still believe it is well the House and the Senate Judiciary this. We couldn’t have done it with- past time for our judges to have a Committees. The support this bill— out him. We also amended another pay raise to help ensure we main-

30 Georgia Bar Journal tain qualified, experienced judges by the very able Zach Johnson. Wendell Willard and Rich Golick, in all of Georgia’s courts and that Zach did an amazing job creating Senate Judiciary Chairmen Josh qualified, competent candidates the format that fulfilled my vision McKoon and Jesse Stone, Rep. Tom will continue to run for the bench of grassroots. We had several local Weldon, chairman of the Juvenile when there is an opening. We do bar associations attend our “lobby- Justice Committee and all of our sup- understand the budget pressures ing days” as a group, and Zach is porters in the General Assembly— under which our legislators oper- already working to build on this especially our lawyer/legislators for ate but hope they will be able to incredible grassroots network in their tremendous leadership and all give this matter favorable consid- preparation for next year’s session. they are doing for the justice system eration as soon as possible. This is We also provided our members and the people of Georgia. particularly promising given the with weekly video updates from Let me say this, too, about what estimated savings of $88 million the Capitol, so that every member a successful year this has been, and dollars over the next five years our could quickly and effortlessly stay that it simply points to the good Juvenile Justice Reform is antici- up-to-date on our progress during will the State Bar now has at the pated to bring. the session. I also sent out a week- Capitol compared to just a few This was such a successful leg- ly email update that talked about years ago. Things have definitely islative year, from the State Bar’s all bills that were progressing, not changed for the better for the Bar. perspective, for a number of rea- just the Bar’s bills. I had numer- When I appear in just about any sons. First, there was the splendid ous lawyer/legislators thank me committee meeting now, the chair work of our powerhouse lobbying for this email update because they typically welcomes me publical- team, headed by Rusty Sewell and said without it they wouldn’t know ly, thanks me for being there and also including Meredith Weaver, what’s going on in the other cham- makes a statement of appreciation Roy Robinson, Jim Collins and ber! I’m glad they liked it, but I had of the State Bar. Charlie Tanksley. I also want to no idea this would happen. It was That is 180 degrees from the way thank Chairman Nick Moraitakis just a great added benefit. is used to be. This sea of change has and all members of our Advisory Last but certainly not least, I come about through the building of Committee on Legislation. want to thank Gov. Deal, Lt. Gov. close relationships with Legislators, This year, we began the Bar’s Casey Cagle, House Speaker David offering to a be a resource for first ever grassroots program, run Ralston, House Judiciary Chairmen Legislators on issues on which they

August 2013 31 State Bar of Georgia We’re here for you! Law Practice Management Program The Law Practice Management Program is a member service to help all Georgia lawyers and their employees put together the pieces of the office management puzzle. Whether you need advice on new computers or copiers, personnel issues, compensation, workflow, file organization, tickler systems, library materials or software, we have the resources and training to assist you. Feel free to browse our online forms and article collections, check out a book or videotape from our library, or learn more about our on-site management consultations and training sessions, 404-527-8772. Consumer Assistance Program The purpose of the Consumer Assistance Program (CAP) is to serve the public and members of the Bar. Individuals contact CAP with questions or issues about legal situations, seeking information and referrals, complaints about attorneys and com- munication problems between clients and their attorneys. Most situation can be resolved informally by CAP’s providing information and referrals to is the public or, as a courtesy, contacting the attorney. CAP’s actions foster better communications help only a between clients and attorneys in a non-disciplinary and confidential manner, 404-527-8759. Lawyer Assistance Program This free program provides confidential assistance to Bar members whose personal problems may be call, interfering with their ability to practice law. Such problems include stress, chemical dependency, family problems and mental or emotional impairment, or 800-327-9631. click Fee Arbitration The Fee Arbitration program is a service to the general public and lawyers of Georgia. It provides a convenient mechanism for the resolution of fee disputes between attorneys and clients. The actual email arbitration is a hearing conducted by two experienced attorneys and one non-lawyer citizen. Like judges, they hear the arguments on both sides and decide the outcome of the dispute. Arbitration is away. impartial and usually less expensive than going to court, 404-527-8750.

404-527-8700 n 800-327-9631 n www.gabar.org may need certain substantive exper- n Stay informed by paying close Letter to President Robin Frazer tise, creating a new grassroots pro- attention to the regular legisla- Clark from Rep. Larry O’Neal: gram in which for the first time ever tive reports from our lobbying the State Bar was actively having team on the Bar’s website. Dear Robin, Bar members come to the Capitol to n When possible, come to the observe, show interest in the work Capitol during the session, Thank you sincerely for your of the General Assembly and thank- attend pertinent committee kind remarks that were recently ing the Legislators for their service meetings and meet face-to-face published in my local newspaper. It to the state of Georgia. It is evident with your elected officials to let is so rare anything positive or com- now that unlike before, the State Bar them know your opinion on the plimentary goes in to print these of Georgia is well respected by the issues being addressed. days, it was noticed by several of members of the General Assembly my constituents. Also, thank you and we will continue to build on that We have also had tremendous sincerely for your unselfish com- and never, ever take it for granted. success with our intentional efforts mitment and service to our Georgia In that spirit, the State Bar host- to increase favorable opinions of Bar Association. You make me ed our first Inaugural Legislative Georgia lawyers and our beloved proud I am a lawyer again. Hope Forum during the Midyear Meeting profession through earned media. you and Bill have a great summer. in January. Moderated by former To date we have had 162 published legislator Nick Moraitakis, the articles in 84 different publications, Thanks, forum was a tremendous success. with a total circulation of 3,122,569, Larry O’Neal We had a full house, and the pan- all touting the accomplishments of elists—representing the legislative your fellow Georgia lawyers. The That last sentence tells it all, leadership from both houses and subjects of these letters and articles doesn’t it? “You make me proud I both parties—each provided keen greatly appreciate the acknowledg- am a lawyer again.” insights on the major issues of 2013 ment by the State Bar and some- Another great success of and the important role that lawyers times even write me back to thank the State Bar this year was the fulfill in the drafting and perfecting me for writing about them. For Georgia Legal Food Frenzy. Georgia of all types of legislation. It was the example, I wrote letters of thanks Attorney General Sam Olens is with perfect start to an incredible 2013 to all lawyer/legislators thanking us today. I want to thank him for all Legislative Session. them for the selfless act of serving he is doing on behalf of our state The bottom line, according to the in the Georgia General Assembly. and, especially, for his leadership in panelists, is that we could use more Two letters I received back from partnering with our Young Lawyers lawyers in the General Assembly. legislators gives you a good idea of Division for the amazingly success- As one of my favorite Presidents, how meaningful this communica- ful Georgia Legal Food Frenzy. Jed Bartlett, once said, “Decisions tion effort is and I want to share Two hundred forty-nine law are made by those who show up.” them with you. The first is from firms and other entities in the legal So, if any of you are considering a Sen. John Crosby and the second profession joined together to raise run for a state Senate or House seat, is from Rep. Larry O’Neal. and contribute a total of 842,317 do it. If a colleague is talking about pounds of food to the seven region- becoming a candidate, encourage it. Letter to President Robin Frazer al food banks in the Georgia Food We need more lawyers providing Clark from Sen. John Crosby: Bank Association. Helping meet influence in state government. the food assistance needs of chil- But, of course, “showing up” Dear Mrs. Clark, dren and families across the state in the legislative process or other during these summer months, this avenues of public service is not Enclosed is a copy of your blind year’s total pounds collected repre- limited to actual service in the letter to the editor which appeared sent a 38 percent increase over last General Assembly. Here are some in the paper on 4-18-2013. year’s inaugural effort. other ways that Bar members can This was very considerate of I am proud of the State Bar’s become involved and engaged: you, and I appreciate it very much. participation in Georgia Legal Please tell Bill Clark that you Food Frenzy, which goes a long n Participate in our Grassroots meant everything you said about way toward bettering our state Program to connect you with me, and I want him to treat me with and fulfilling our collective duty as your local legislators at the a little more honor and respect. Just lawyers to help others. Thanks to Capitol and in your district. kidding. Attorney General Olens, YLD lead- n Offer your expertise as a Appreciate both of you very ers and all Georgia lawyers who resource to your House member much. participated, children in Georgia or Senator, especially on issues are not walking the streets tonight related to your area of practice. JDC begging for food.

August 2013 33 Tomorrow evening, after I trans- Attorney Sally Quillian Yates and to equal justice, the question must fer the symbolic gavel of this office many other civil rights leaders, be asked: are we there yet? to the capable hands of Buck Ruffin, state legislators and legal experts. While we have made much prog- the State Bar will embark on a year The program was aimed specifi- ress, there are constant remind- of celebration, marking the 50th cally at making the connection ers that we have to do better. For anniversary of the establishment of between the American civil rights example, during a school’s recent the unified Bar in 1964. movement and the principles of visit to the “Journey through But 2013 is a milestone year as human rights while providing an Justice” program at the Bar Center, well for law and justice in our in-depth look at human rights a member of the Bar staff saw a nation. Acknowledging the 150th violations that still exist at home young African-American student anniversary of the issuance of the and abroad, including juvenile looking at the photographs of the Emancipation Proclamation by justice violations, the use of tor- past presidents on the wall of the President Abraham Lincoln and ture, environmental abuses and third floor, along with his father the 50th anniversary of Dr. Martin the trafficking of an estimated 1 who was there on the tour. The Luther King Jr.’s “I Have A Dream” million people worldwide each employee heard the young child speech in front of the Lincoln year into involuntary servitude say, “There isn’t anyone who looks Memorial, the 50th Anniversary of and sexual slavery. We can end like us, Dad.” the decision that forever changed such injustices only after acknowl- That hurts. We have more than American Justice, Gideon v. edging they exist. 10,000 Georgia students walking Wainwright, and that national Law As I wrote in an op-ed col- down that third floor hall every Day theme for 2013 is “Realizing umn published in the AJC and year. They observe. They notice, the Dream: Equality for All.” several other newspapers, Law and I don’t want any one of them to A special celebration of Law Day Day reminds us that in America, go home thinking the State Bar of took place April 22 as the State Bar the promise of equal treatment Georgia isn’t an organization that partnered with a number of local under the law is not supposed they also could lead one day. and specialty bar associations and to be some lofty objective that In the legal profession and this the National Center for Civil and we hope to achieve one day. nation, we still have work to do. Human Rights to host a day-long Equality was declared some 236 Hopefully, it is the generation of public educational event at the Bar years ago to be a self-evident students now taking the “Journey Center. Hundreds of school chil- truth and one of the basic found- through Justice” tours that will dren were in attendance. ing principles of a new nation— close the gap and will say On behalf of the State Bar, our despite the existence of slavery “Enough.” Enough discrimination, Treasurer and soon-to-be President- and decidedly unequal rights for enough hypocrisy, enough subju- Elect Patrise Perkins-Hooker and women at the time. gation of one group by another, Executive Committee member and Over the years, of course, signifi- enough hatred . . . simply enough. soon-to-be Secretary Rita Sheffey cant strides have been made against This is the generation that will did a superb job in spearheading discrimination based on race, gen- say “enough” of that and replace this event. der, ethnicity, national origin, reli- it with love. Love of your fellow Featured panelists included gion, age, disability and sexual ori- man, love of the rule of law, love of Ambassador Andrew Young, U.S. entation. Yet today, when it comes equality, love of justice. But like all The State Bar has three ofﬁ ces to serve you.

HEADQUARTERS SOUTH GEORGIA COASTAL GEORGIA OFFICE 104 Marietta St. NW OFFICE 18 E. Bay St. Suite 100 244 E. 2nd St. Savannah, GA 31401-1225 Atlanta, GA 30303 Tifton, GA 31794 912-239-9910 404-527-8700 229-387-0446 877-239-9910, 800-334-6865 800-330-0446 Fax 912-239-9970 Fax 404-527-8717 Fax 229-382-7435

34 Georgia Bar Journal worthy things, we must work for it. Dr. King said, “Human progress is neither automatic nor inevitable. . . . Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.” No one ever said this would be easy. But, speaking for myself, I will continue to fight for human rights, dignity and justice based on what I stand for, which is that all persons are equal . . . no exceptions. If it is written that I stood up for what

I believe to be a moral issue, that Photo by Jennifer R. Mason of equal treatment of all people, 2012-13 President Robin Frazer Clark with her daughter Alex. regardless of race, gender or sexual Executive Committee, Cliff Brashier we were away at a Bar meeting) is orientation, then I will gladly accept and the finest Bar staff in the United now a sophomore in college and that. Equal treatment of all people States. I thank Linton Johnson who Alex (you may recall never noticed I is a moral issue, not a social issue. has been an incredible help to me was out of town for a BOG meeting And while we are on that moral this year. And Cliff . . . I could not in Nashville for an entire meeting) is issue, let me say this about leader- have had this amazing year without now a junior in high school. Despite ship. A true leader doesn’t take a Cliff, who has always been avail- the many hours their sometimes survey to know how to decide a able to me for support 24 hours a mediocre mom has devoted to the moral issue. A true leader doesn’t day, seven days a week. He likes State Bar and her law practice, I fail to act to ensure equality for all to quote Tildon on tennis, that you am happy to report to you they people because of fear of repercus- never change a winning game, and both seem to have become beau- sion or fear that not 100 percent as long as Cliff is our executive tiful, compassionate, empathetic, of people agree with you. A true director, the State Bar of Georgia loving, caring people and I know leader doesn’t remain silent on a will have a winning game. Also, they will both make their mark on moral issue hoping it will simply I could not have made it through making our world a better place. I fade away before having to take a this year with the love and support also thank each of you on the Board stand on it. Remember what Dr. of Michelle Garner. I love her like of Governors for your incredible Martin Luther King Jr. said about a sister. She has gone above and support, uplifting words and hard this: “In the End, we will remem- beyond for me, from getting my work over the past year, demon- ber not the words of our enemies, medicine for me at the nearest CVS strating your dedication to the State but the silence of our friends.” wherever we may be traveling, to Bar of Georgia. As Dr. King also said: “A genuine retrieving an entire business suit I I look forward now to joining leader is not a searcher for consen- had left in my closet at the Albany you in extending that support sus but a molder of consensus.” Hilton Garden Inn, to making sure to Buck as he accepts this high And that’s exactly what I plan to there was always a bottle of Maker’s honor and these awesome respon- continue doing on the moral issue Mark waiting for me in my hotel sibilities. I know that we will have of justice and equality for all people. room after a long, hard day of rep- another great year ahead. Dr. King said, “the Arc of the moral resenting the State Bar. I also thank Thank you again for this universe is long, but it bends toward my husband of 21 years, Bill Clark, incredible year. I hope like Rep. justice.” This is comforting to keep whom many of you know, who O’Neal, I have made you proud in mind, but we must remain vigi- makes it possible for me to do the to be a lawyer again. God bless lant, especially when there are still things I love like leading the State you and God bless the great state “whites only” proms in Georgia. Bar of Georgia. I also must thank of Georgia! The promise of equality under my children, Chaz and Alex, who the law is what has made America have grown up with the State Bar Robin Frazer Clark is the a beacon to other nations. Fulfilling and who have been my support sys- immediate past president that promise remains a work tem this entire time. When I made of the State Bar of in progress. my first trip to an Annual Meeting Georgia and can be A rising tide, indeed, lifts all boats. they rode in car seats. Chaz (you reached at robinclark@ As I close this morning, I want may recall he had to learn how to tie gatriallawyers.net. to thank my fellow officers, the a tie by watching YouTube because

August 2013 35 GBJ Feature

Remarks to the Board of Governors State Bar of Georgia Annual Meeting—June 22, 2013

by Charles L. Ruffin

The following is excerpted from Charles L. Ruffin’s remarks during the 2013 Annual Meeting in Hilton Head.

obin, thank you for your exceptional lead-

ership during the past year. For a long R time to come, the legal profession, the justice system and the people of our state will benefit from your service and the Bar’s achievements during your year.

Starting this evening when I take the oath of office, I will have the honor of succeeding Robin in what will be a year of observance and celebration of the first half- century of the State Bar of Georgia. This year, 2013-14, will mark not only the 50th anniversary of the State Bar of Georgia but also the 130th anniversary of the establishment of its predecessor, the Georgia Bar Association, and the 225th anniversary of the ratification of the United States Constitution. Fellow Bar members, permit me to take a few minutes this morning to reflect on that last milestone, what the Constitution means to this nation and in particular to our profession, whether we have allowed or are allowing an erosion of the Constitution and the rule of law in our society and, if so, what we can do to restore its preeminent position in the affairs of our nation. I believe the Constitution is only as good as the people for whom it was enacted and who are covered Photo by Sarah I. Coole by its provisions. The character of the population for 2013-14 President Charles L. Ruffin addresses the Board of whom the Constitution provides guiding principles is Governors during the Annual Meeting. paramount to its longevity. At the close of the Constitutional Convention in 1787, More than two centuries later, Franklin’s words still Benjamin Franklin was asked, “Well, Doctor, what ring true. have we got—a republic or a monarchy?” Franklin Whether we can continue to keep our republic replied succinctly, “A republic, if you can keep it.” depends, I believe, on the strength of our constitutions—

36 Georgia Bar Journal yes, plural “constitutions”—apply- n Third, I believe the greatest secu- President, John F. Kennedy, issue ing three of the several definitions rity threat to our Constitution is this challenge to all Americans: the dictionary gives us for the word: our budget deficit. We simply “Ask not what your country can do must get our fiscal house in for you—ask what you can do for n First, the basic principles and order to revitalize our economy your country.” laws of a nation that determine and create manufacturing and These values seem to have less the powers and duties of the other jobs in this country. influence today than they once did. government and guarantee cer- Today, it often seems the pre- tain rights to the people. That’s A lot of lawyers are suffering vailing philosophy is “get what the “capital C” Constitution today. For that, there are a number you can from your country any that we use most often. of factors. We can point to lawyer time you can.” n Second, the physical and men- advertising . . . to witness-only We are losing nuclear families tal makeup of an individual, closings . . . to “Legal Zoom.com” right and left, often the result of especially with respect to the and its ilk. divorce or births out of wedlock. health, strength and appear- But I contend the overriding fac- As a by-product, we are suffering ance, as in a person with “a tors are all related to the continued a decline in discipline and soci- hearty constitution.” sickness of our national economy etal consciousness of right from n Third, the structure, composi- and our failure to defend jobs for this wrong, which in turn leads to tion, physical makeup or nature country. Too many jobs, American more poverty, more crime and a of something, in other words jobs, are moving elsewhere, while loss of the competitive edge that the “constitution of society.” too few are being created here. America once held over the rest of I don’t mean we should not par- the world. Fellow Bar members, I am con- ticipate in the world economy. But Presidents John Adams and cerned about our constitutions— the fact of the matter is we have to James Madison over several occa- not only the written instrument tailor our federal and state tax and sions declared our Constitution that embodies our foundational regulatory policies to attract and was made only for a moral, principles—but more to the point, keep these jobs. We’ve got to have informed and productive people. It whether we have the individual the manufacturing and economic is wholly inadequate to the govern- and collective constitutions that are strength to make sure we can pre- ment of any other. morally, mentally, physically and serve, protect and defend the con- The virtues I mentioned earli- spiritually strong enough to meet stitutions of this country. er—family, community, faith—ero- today’s challenges. Another critical factor in main- sions of these are all connected As a nation, we seem to have lost taining our individual and societal with the challenges we face today. our competitive edge. Consider constitution is what we teach our It is our duty to teach the next gen- the following: children. We need to teach our chil- eration there is something higher, dren about the history and found- something greater than me, us, n First, we have lost a lot of jobs ing of this country, why the rule them or immediate gratification. in this country, particularly in of law, under the Constitution, is At another crossroads in our manufacturing—seven million critical to our future, and the val- nation’s history in 1862, President over the last decade. During the ues that sustain this nation. Abraham Lincoln told Congress, surge in Iraq in 2007, for exam- I was privileged to grow up in “We shall nobly save, or meanly ple, when we were looking for a the small town of Vidalia, Ga., lose, the last best hope of earth.” company to produce reinforced where I learned from my fami- Fellow Bar members, as we steel for military vehicles, only ly and community a number of embark on a year of observing one company had the capac- basic values: the 50th anniversary of the State ity to manufacture that kind of Bar of Georgia, our job is to exam- steel. That is not a good pros- n Duty to country, second only to ine anything that threatens the pect for our nation’s defense. your duty to God Constitution and its longevity. n Second, there are not as many n Feeding, protecting and educat- In these difficult times, if law- jobs for the middle class as there ing your family yers don’t stand up for the further- once were. Without a vibrant n There is no free lunch ance of the Rule of Law and the middle class, we won’t have the n There is dignity in all work restoration of the values that made law practice we want to have. this nation great, who will? If you don’t believe me, talk to These values were part of As I mentioned earlier, our your friends who practice in the air I breathed every day. national economic challenges small towns. There is just not as Examples abounded! have a dramatic effect on us much economic activity going on And during the time that I was in the practice of law. That is in small towns as there once was. growing up, I heard a young new why it will be critical for us to

August 2013 37 continue initiatives to help one of Georgia. This book will chron- and famously performed by Norah another, like the SOLACE pro- icle the many contributions of the Jones in the soundtrack for Ken gram started by Ken Shigley two Georgia lawyers who have worked Burns’ World War II documentary years ago and the “How to Save from the founding to today to ful- “The War.” a Life” suicide prevention ini- fill the constitutional promise of Scheer said his patriotic lyrics tiative recently launched under justice for all. were inspired by two things: Robin Clark’s leadership. In that regard, we certainly have It is also why we will continue big shoes to fill. n First, the way his parents to reach out to the general pub- This will be a year of thinking met, which was on a picket lic through our Cornerstones of about what has brought us to this line, protesting a YMCA that Freedom education program and critical time and whether we, as a was not admitting African- rejuvenate the Citizens’ Group profession and a nation, are able to Americans, and established by Lester Tate several right the ship. n Second, the service and sacri- years ago. And it is essential that Consider that in 1789, the year fices of his relatives who served we build on our recent successes that the U.S. Constitution was rati- in World War II, including an in the legislative process at the fied, your pet squirrel could climb uncle who was captured at the State Capitol and continue to work a tree no more than 225 miles from Battle of the Bulge and was held with our elected officials to enact the Atlantic coast, and go all the in a prisoner of war camp the laws that modernize and strength- way to the Great Plains from limb last year of the war. en our justice system, measures to limb, tree to tree, without touch- that are in themselves economi- ing the ground. “American Anthem,” is a re- cally beneficial. Thomas Jefferson thought it minder of all that we have been Finally, through a newly formed would take a hundred genera- given by providence and our fore- Law & Economics Section, we as tions to populate this land from fathers and of the responsibilities lawyers should weigh in on the the east to west coasts. Because that we have to the country. To causes of our moribund economy. of the pioneer spirit that existed quote from the lyrics: As we mark the 50th year of in those days, it actually took no this organization, we will simulta- more than five. “. . . Each generation from the plains neously celebrate the 225th anni- Without any kind of mechanical To distant shore with the gifts versary of the U.S. Constitution. devices to assist them, the pioneers That they were given Next March, the State Bar will host cleared forests, plowed the fields, Were determined a two-day national symposium planted the crops and built the To leave more on the Constitution—featuring roads. As soft as we have become Valiant battles fought together a discussion with U.S. Supreme today, would we have what it takes Acts of conscience fought alone Court Justice Antonin Scalia and to withstand the conditions that These are the seeds tentatively and hopefully Justice our forefathers did? Do we? From which America has grown Stephen Breyer, two of the great I believe we do, because no legal minds of this generation who matter what challenges have con- Let them say of me bring to the table distinctly differ- fronted our nation in the past— I was one who believed ent views of the Constitution and the Revolution, Civil War, two In sharing the blessings its application today. World Wars, the Great Depression, I received David McCullough, the presidential assassinations, the Let me know in my heart renowned historian, will join long Civil Rights struggle, politi- When my days are through that symposium and speak about cal upheaval and 9/11—we have America the Founding Fathers and the always been sustained by some- America Founding Time. thing called the American spirit I gave my best to you. . .” We will also publish a histo- and survived. ry book on the legal profession If these values can be recap- Thank you, and may God bless in Georgia, a comprehensive tured, we will be able to deal the state of Georgia and the United account covering the nearly 300 more forthrightly with the prob- States of America. years of progress from General lems we face today. As lawyers, Oglethorpe’s arrival at Savannah we know that our Constitution Charles L. Ruffin is (when lawyers were banned) can protect us only if we do our the president of the through the establishment of the part to protect it. State Bar of Georgia Georgia Bar Association, followed The songwriter Gene Scheer cap- and can be reached at by the arduous 40-year effort to tured this spirit in his “American cruffin@ unify the Bar up to and including Anthem,” written in 1998, sung bakerdonelson.com. the 21st Century-model State Bar at two presidential inaugurations

38 Georgia Bar Journal

GBJ Feature

Doing Things ‘The Right Way’

by Linton Johnson

hen Charles L. “Buck” Ruffin grad- House floor when President Richard M. Nixon entered to deliver what would be his final State of the Union uated from Vidalia High School and address to Congress. Capitol security wasn’t as tight then as it is today. was preparing to further his educa- “Mr. Blackburn said, ‘Buck, go over there and stand by W the door,’” Ruffin recalled. “So I stood over there and tion at Auburn University, he planned to become watched Richard Nixon’s final State of the Union message live and in person.” either an architect or a lawyer, “and I really didn’t He worked on Blackburn’s re-election campaign in 1974, arguably the high-water mark for anti-incumbent know which.” sentiment in U.S. political history. Blackburn (who died June 27, 2013, at age 86) was unseated by Elliott At Auburn, though, Ruffin took advantage of an H. Levitas in that election, but his background in the opportunity that wound up having a profound impact legal profession had an influence on Ruffin, as did on his choice of professions and was the first of many Ruffin’s interaction with fellow campaign committee experiences that shaped the career of the 51st president members who were attorneys, including Wendell K. of the State Bar of Georgia. Willard, now chairman of the Georgia House Judiciary Under Auburn’s cooperative education program, Committee and the 2013 recipient of the State Bar’s Ruffin was offered and accepted an internship in the Distinguished Service Award; Gary R. Smith, a long- Washington, D.C., office of U.S. Rep. Ben B. Blackburn. time professor at Emory Law School; and L. Jack The year was 1973, and the nation’s capital was riveted Swertfeger Jr., a well-respected real estate attorney and on the televised hearings of a special Senate committee former State Bar Executive Committee member. investigating the Watergate scandal. After his time in Washington, Ruffin said, “in “I remember listening to those hearings when (White all likelihood, I wanted to be a lawyer.” His front- House assistant) Alexander Butterfield revealed the row vantage point during the Watergate era taught secret taping system,” Ruffin recalled. “A lawyer for him “there’s a right way and a wrong way to do the committee asked him, ‘Do you mean to tell me that anything. It made me want to do things in the right every conversation the president has is taped?’ I just way. If I was going to be a lawyer, I wanted to be an remember that as being such a bombshell.” ethical lawyer.” The rest, of course, is history—some of which It would turn out to be only the first of many learn- Ruffin was able to witness first-hand. Still working in ing experiences that paved the way for a successful Blackburn’s office in January 1974, Ruffin was on the legal career. Photo by Zach Porter Photography August 2013 41 Ruffin had no close relatives got so tired. It was not a pleasant Ruffin said his superiors instruct- who were lawyers, but a number experience that first year. But then ed him to research the issue and of friends of the family who were. I got involved in moot court and find a way under the copyright laws During his Christmas holidays in began to get the hang of it. Things to declare that it was not a problem. December 1975, Ruffin worked with improved, as I sort of figured out “I looked at Dan Reinhardt, who Duncan Graham and Thomas B. how to study efficiently. My grades is still a friend today, and said, Wells at the Graham & Wells law improved dramatically, and by the ‘Dan, I don’t know the first thing firm in Vidalia. “Tom let me hang time I left I was a happy camper.” about copyright law,’ and he told around with him during the day; I Ruffin’s first job out of law school me, ‘That’s OK, you’ll learn,’ turned went with him to court, and he and was with the prominent Atlanta around and walked away.” Mr. Graham let me sit in on meet- firm of Troutman Sanders, where Ruffin spent the next three ings with clients,” he said. “It was he met and was able to learn from days feverishly poring over the the first time I had been around a “some top-notch people there,” copyright laws in the U.S. Code law office.” That relationship’s cir- including John J. Dalton, Daniel and found a possible remedy that cle was completed on June 22 of this S. Reinhardt, Donald W. Janney, would not halt production of the year when Wells, now a U.S. Tax William N. Withrow Jr. and others. album. “In that section, you could Court judge, administered the oath “I had a great time working there, preserve your right for things to of office and installed Ruffin as State and they let me do some things that be changed later on. He could Bar president during the Annual I’m not sure someone in that posi- file alternative identifying mate- Meeting at Hilton Head Island, S.C. tion today would be afforded the rial with the copyright office. And, While completing a business opportunity, such as taking deposi- lo and behold, my recollection is administration degree in econom- tions and having certain research that’s what the court decided, ics at Auburn, Ruffin was elected responsibility,” Ruffin said. One using the very language that I had president of the student body. That case in particular that Ruffin recalls literally stumbled upon.” personal taste of politics and lead- involved Troutman Sanders client From that case, Ruffin said, “I ership, he said, was a “fascinating Atlantic Records, which was being learned very early on that if a law- experience” that included being able sued by a recording technician to yer was thorough in his gathering to serve as an ex-officio member of stop the production of an album of the facts and in his research of the university’s Board of Trustees, because he was not receiving appro- the law, he could beat someone allowing him to meet the political priate credit for his work. who was a lot smarter but maybe leaders of Alabama, including the “It was an album called ‘Love wasn’t as industrious. In other controversial Gov. George Wallace. Keys’ by Eddie Kendricks, a for- words, a hard work ethic could He was also able to meet and talk mer member of the Temptations overcome superior intelligence, as extensively with the former Black as I recall,” Ruffin said. “I don’t long as you were willing to put in Panther leader Eldridge Cleaver. know in the early 1980s how the hours. It was a big lesson.” He entered Emory University much of an intellectual property Ruffin’s stint at Troutman School of Law in the fall of 1977. practice there was in Georgia. I Sanders was to have become per- “I remember that I was not a very hadn’t taken any courses on it in manent when he completed a happy law student,” Ruffin said. “I law school.” clerkship with U.S. District Court

42 Georgia Bar Journal Photos by Sarah I. Coole (Left to right) 1. President Charles L. Ruffin surprised his wife Sally with an engraved apple and resolution to honor her retirement after 26 years of teaching. 2. President Charles L. Ruffin, pictured with his sons, Chase, Ben and William. 3. President Charles L. Ruffin and wife Sally enjoy a dance together at the Inaugural Gala. 4. Sally and President Charles L. Ruffin with their daughters, Emily and Annie.

Judge Robert E. Varner in the often. For a little guy from Vidalia, moment for me: regardless of public Middle District of Alabama, who Ga., that was intriguing stuff. It was reaction, the judge has a job to do, was based in Montgomery but also a fabulous experience.” and that is to apply the law.” held court in Opelika, Dothan and, Ruffin fondly recalls the judge’s After a year in Montgomery, on at least one occasion, Selma. rule that every motion made in his Ruffin decided he needed to move “He was just a quintessential court would be ruled on within 30 back closer to his aging parents. Southern gentleman, a big man days. “We kept a calendar to rule Born in Savannah in 1954, Ruffin with a big, booming voice,” Ruffin on fully briefed and argued motions was raised in Vidalia by Mr. said of Varner. “He had been on every 30 days. We had to have an and Mrs. M.W. Ruffin. His father the bench for about 10 years at order ready in his office to rule on worked for the U.S. Forest Service that point and inherited a number any motion in 30 days. When he and later became a private proof cases. One of these involved would have a hearing, bench trial fessional forester, and his mother Judge Frank Johnson’s ruling that or oral arguments, he would ask for worked with the local office of the the prison system in Alabama was briefs in advance, and they would Georgia Department of Veterans overcrowded. It fell to Judge Varner be reviewed. A lot of times after a Service. “They were both won- to enforce the court’s order.” hearing or trial, he would just take derful, active parents who always Varner decided to order the time to confer with clerks, who had cared about their families, friends state’s prison officials to release reviewed case law in advance, and and neighbors,” he said. certain nonviolent inmates. Once then rule before the parties left the “When I first remember Mother before, he had taken that action, courthouse. As law clerks, we would working for the VA, they had a sign and it had been appealed to the take copious notes. You’d better that listed the wars that made you Supreme Court. He was consider- have very good notes if you worked eligible for benefits. It started with ing doing that again. for him. He would consider the facts, the Spanish-American War and “I remember that I was not philo- consider the law in the trial briefs included the Boxer Rebellion. There sophically inclined that way,” said and then come back and rule. Win were still some old codgers around Ruffin. “I didn’t feel that federal or lose, the lawyers would always from those times. I would give any- judges ought to be telling state offi- appreciate the fact that there was no thing to have that sign now.” cials whom to release from their pris- long period to await the rulings.” Ruffin’s mother worked with the ons. I suggested to him the proper Less fondly, Ruffin recalls that department throughout his forma- thing to do was impose a monetary Varner would receive calls that tive years, which he said piqued fine on the state, stiff enough to threatened his life. One evening, his interest in veterans’ affairs— encourage the conduct that he want- Ruffin fielded one of those calls in an interest that would benefit him ed. The 11th Circuit eventually said his office. Realizing that he was in decades later. that you cannot force the release of front of a window, he got up and Moving back closer to home, particular prisoners, but that a fine moved to another location. Ruffin settled in Macon and went would be more appropriate. During “It impressed me that despite that to work for Jones, Cork & Miller. that period, the governor and the kind of threat, he proceeded to do Still early in his career, he was given attorney general would be in and out what he thought was exactly right,” substantive responsibility in han- of Judge Varner’s chambers quite Ruffin said. “It was another seminal dling cases.

August 2013 43 A memorable case for Ruffin always be thankful. It takes a pro- since 2007, and Baker Donelson’s involved the crash of a crop-dust- fessional lawyer not to press every Atlanta eminent domain and con- ing helicopter in Houston County technical advantage that he has in a demnation law practice, led by that resulted in two fatalities. One case. There are times when the laws Ruffin, has been ranked Tier 1 of the victims was a teenage boy of common decency take precedence by the U.S. News/Best Lawyers who was working a summer job over the technicalities of the law.” national ranking of practices. with the crop-dusting business. During Ruffin’s 12 years at Jones, “My clients are large companies, The firm represented his parents in Cork & Miller, he occasionally han- nationally known, right down to the federal court against the insurance dled eminent domain cases. He average guy,” Ruffin said. “My feel- company, which was claiming an had more such opportunities after ing is that we pay enough in taxes exclusion from coverage and had opening his own firm in Macon, to government, so that when gov- won a District Court decision. where he maintained a general liti- ernment acts to take your property, Appealing the case in front of gation practice for nine years. they for sure need to be paying full, the 11th Circuit Court of Appeals “I enjoyed the eminent domain just and adequate compensation.” and the Supreme Court of Georgia, work more than anything else that Chairing the Eminent Domain Ruffin got that decision over- I did,” Ruffin said. “In 1997, we Section was Ruffin’s starting point turned, and the insurance com- had a case where we got a good in State Bar leadership. A past pres- pany would have to pay damages. verdict, and I started focusing on ident of the Macon Bar Association, He also learned a valuable lesson that area.” he later was elected to the Board of when he discovered that the co- He decided his practice need- Governors of the State Bar. When claimant in the case, the widow ed an Atlanta office, so in 2003 2008-09 Bar President Jeff Bramlett of the other victim, had failed to he joined with Gambrell & Stolz, launched the Military Legal file her claim in a timely manner, which later was merged into Baker, Assistance Program, he appointed which meant Ruffin’s clients could Donelson, Bearman, Caldwell & Ruffin as its first committee chair. take all the money. He went to Carr Berkowitz, PC. From both the Presently, Ruffin also chairs the G. Dodson, a lawyer at the firm Atlanta and Macon offices, Ruffin Bar’s Constitutional Law Section. with whom he frequently worked, represents a wide variety of land “I saw the good things that we and pointed this out to him. owners, business operators and do and the good things that we “I’ll never forget this,” Ruffin real estate investors in eminent could do and perhaps were not said. “He looked at me and said, domain, condemnation and inverse doing at the time,” Ruffin said of ‘We aren’t going to do that. We condemnation matters. those experiences. “I enjoyed being are going to call our clients and tell He is a board member and around these people, so I thought I them about it, but we are going to the Georgia representative in the would stick around.” suggest the decent thing to do is national organization Owners Ruffin said a substantial por- share the money.’ Our clients said, Counsel of America and is the tion of his time away from the ‘Of course, the man’s wife needs founding chairman of the State office is devoted—along with his the money more than we do.’ This Bar’s Eminent Domain Section. He wife Sally, who retired as a public has been a constant reminder to me has been selected as one of the Best school educator this year—“to try- of the need for inherent decency Lawyers in America® in eminent ing to guide our younger children and professionalism, for which I’ll domain and condemnation law into productive careers.” William Consumer Pamphlet Series The State Bar of Georgia’s The following pamphlets are available: Consumer Pamphlet Series Advance Directive for Health Care n Auto is available at cost to Bar Accidents n Bankruptcy n Buying a Home n members, non-Bar members Divorce n How to Be a Good Witness n How to Choose a Lawyer n Juror’s Manual n Lawyers and organizations. Pamphlets and Legal Fees n Legal Careers n Legal Rights of are priced cost plus tax and Nursing Home Residents n Patents, Trademarks shipping. Questions? Call and Copyrights n Selecting a Nursing Home n 404-527-8792. Selecting a Personal Care Home n Wills Visit www.gabar.org for an order form and more information or email [email protected].

44 Georgia Bar Journal is completing his degree in history and political science at Georgia State University and just recently completed an internship with Gov. Nathan Deal’s Policy Office and is now working as an intern with the Charter Schools Commission of Georgia. Emily is completing her psychology degree at Georgia State University, and Ben, the youngest, is a journalism major at Auburn University and will begin writing for The Auburn Plainsman this fall. Chase just completed law school and is enjoying studying for the Bar exam, after which he will join Baker Donelson. Their older children are all on their own and doing well. Shaefer is a doctor completing a fellowship at Vanderbilt; Harrison is an attorney with Carlock Copeland; and Annie is an art therapist plying her trade on her one-year-old daughter, Stella. Ruffin also spends time hunting quail and dove in the fall, and he is a self-described “history nerd,” which will come in handy during this year, marking the 50th ETHICS DILEMMA? anniversary of the establishment of the State Bar. Lawyers who would like to discuss an ethics dilemma Ruffin has declared 2013-14 as a year of “obser- with a member of the Office of the General Counsel vance and celebration” of the Bar’s first half century staff should contact the Ethics Helpline at 404-527- (see page 36), as well as the 225th anniversary of the 8741, 800-682-9806 or log in to www.gabar.org ratification of the U.S. Constitution. He laments the and submit your question by email. results of a recent Gallup poll showing that 71 percent of Americans believe the Founding Fathers would be disappointed in today’s United States—compared to 54 percent who felt that way in 2001. “I think we need to study the history of the founding of this nation, to determine whether we have been true to what the founders envisioned our country to be,” Ruffin said. “We constantly need to go back and read those debates. It is the role of the judiciary to apply the law as it was intended to be applied historically and look at what it has to be applied to today.” Ruffin said the Bar has an educational responsibility in this regard. “We should lay all the facts out on the table and give people the opportunity to be educated on the competing versions of the interpretation of the Constitution,” he said. “The more educated lawyers are, the more educated the population is, the more informed we are going forward.” Professionalism is a key component of restoring confidence in the legal system, Ruffin concluded. “As lawyers and judges, we need to be sure that everyone is treated professionally,” he said. “There are times when I have said things to other lawyers in the course of a case that I shouldn’t have said. Lawyers and judges can turn a case into a war and make it miserable for everybody, but we also have the ability to make often unpleas- ant situations reasonably pleasant for everybody.”

Linton Johnson is a media consultant for the State Bar of Georgia. He can be reached at linton.johnson@wordexpress. info or 404-285-2453.

August 2013 45 GBJ Feature

2013 Distinguished Service Award Presented to Rep. Wendell K. Willard

by Derrick W. Stanley

he Distinguished Service Award is the high-

est honor bestowed by the State Bar of T Georgia for conspicuous service to the cause of jurisprudence and to the advancement of the legal profession in the state of Georgia.

During the Presidential Inaugural Gala at the State Bar’s Annual Meeting on Hilton Head Island, S.C., Rep. Wendell K. Willard was presented with this prestigious award by 2012-13 President Robin Frazer Clark. Willard was born and educated in Georgia. He earned his Bachelor’s degree from Georgia State University and received his law degree in 1965 from the Atlanta Law School. He was admitted to the Bar in 1965, while he was serving in the U.S. Marine Photos by Sarah I. Coole Reserves (1959-66) and as a Banking Trust Officer State Rep. Wendell K. Willard (R-Sandy Springs), chairman of the (1961-68). House Judiciary Committee, was honored with the Distinguished Service Award, presented by 2012-13 State Bar of Georgia President Willard began practicing law in 1968. Willard has Robin Frazer Clark. dedicated much of his career to public service. From 1973-77, he served as county attorney for DeKalb north Fulton County in 2000 and has been re-elected County. In 1986, Willard and his family moved to for six two-year terms. Willard has served as chair- Fulton County where he has maintained a solo practice man of the House Judiciary Committee since 2005. and serves as city attorney for the city of Sandy Springs. This committee handles wide variety of legislation During his 45 years as an attorney, he has also related to law, courts and judges, as well as consti- spent 13 years as a member of the Georgia House of tutional amendments. As an influential leader in Representatives. He was elected to represent part of the Georgia General Assembly, Willard has earned

46 Georgia Bar Journal Wendell K. Willard shares the honor with his wife, Vicki. the respect of colleagues on both of the State Bar of Georgia leader- of the American Cancer Society, sides of the political aisle for his ship and advocacy teams. DeKalb Chapter. legal experience, intelligence and Willard also serves on the The legal community and the passion he brings to his leader- influential House Appropriations citizens of Georgia owe a great ship position for the benefit of the Committee, Ways & Means deal of thanks to Willard for people of Georgia. Committee, Rules Committee, his impeccable record of distin- In the 2013 General Assembly Ethics Committee and Insurance guished service to the public, the Session, Willard provided essen- Committee, as an ex-officio mem- profession, the justice system and tial leadership as primary sponsor ber of the House Judiciary Non- the state of Georgia. of legislation to reform Georgia’s Civil Committee and as a member The State Bar of Georgia does juvenile code toward the goal of of the National Conference of State express its gratitude and appre- reducing the criminal recidivism Legislatures Law and Criminal ciation to Willard for his many rate among juveniles and enhanc- Justice Committee. years of devotion to the legal pro- ing the cost effectiveness of the Throughout his 45 years of legal fession, significant career accom- juvenile justice system, which practice and 13 years as a Georgia plishments while promoting the was approved by the House and House of Representative member, cause of justice, upholding the Senate and signed into law by Willard has served the legal com- rule of law and protecting the the governor. munity not only as a practitioner of rights of all citizens by present- Willard is also recognized for law, but also as a leader within the ing him with the Distinguished his successful sponsorship on profession. He also serves the pro- Service Award. behalf of legislation enacted in fession as a member of the Sandy 2011, to modernize in a com- Springs Bar Association and the Derrick W. Stanley is prehensive manner the Code of Lawyers Club of Atlanta and the the section liaison of Evidence used in Georgia’s courts state and community as a mem- the State Bar of for the first time since 1863, among ber of the Georgia Conservancy, Georgia and can be countless other legislative issues Georgia Conservation Voters and reached at derricks@ on which he has worked alongside the Newton Park Foundation gabar.org. and provided counsel to members Board and as a past president

August 2013 47 GBJ Feature

It Takes A Village: The 2013 High School Pipeline Program

by Marian Cover Dockery

t takes a village to raise a child. Close to 100 volun-

teers gave their time, talents and resources to make I the sixth annual Pipeline Program a success. From May 28–June 7, 16 high school students from the metro-Atlanta area met at Atlanta’s John Marshall School of Law to study grammar, writing and speech. Pierce Hand of the Teach for America Corps taught grammar and writing. Attorneys taught the speech classes and volunteered 90 minutes or more to evalu- ate students and help them improve their presentation skills. Georgia Diversity Program law firms and corporate law offices hosted students for lunch and mentoring on various topics including study skills, maintaining good credit, social media etiquette and dining room etiquette. The CEO of the Atlanta History Museum, Sheffield Hale, also led students on a tour of the Atlanta History Museum’s exhibit on slavery. The State Bar of Georgia Diversity Program, Atlanta’s John Marshall School of Law and The Leadership Institute for Women of Color Attorneys, Inc., formed a partnership to fund the annual program. The students participated in an annual oral and

written competition hosted by Sutherland. Monetary Photos by Pierce Hand, Roger Washington and Marian Cover Dockery awards were presented to the first, second and third Louise Sams, executive vice president and general counsel of Turner place winners, and this year’s graduating senior. This Broadcasting System, Inc., speaks to the Pipeline students before a year’s first place winner: Amber Johnson, a junior one-on-one interview workshop. Students also toured CNN.

48 Georgia Bar Journal at Westlake High School; second place: Kara Wise, Riverwood International Charter School; and third place: Baili Wise, also a junior at Riverwood. Diana Xu, a third year Pipeline student and graduate of Milton High School received a scholarship to the University of Southern California’s business program in the fall. Diana aspires to be a lawyer. Her comments about the program are as follows:

Pipeline is an amazing program and I have learned so much about speech, writing and grammar. . . . It has also taught me a lot about the importance of law and how to behave in a profes- The 2013 High School Pipeline class poses in front of Atlanta’s John Marshall Law School. sional environment. I would like to thank all the teachers and volunteers who have participated in this program, as they have helped me so much!

More than 100 students have ben- efited from the Pipeline Program since its inception six years ago. High school students from all over Georgia and one from Illinois have participated in the grammar, writing and speech instruction taught by certified teachers including members of the Teach for America Corps and volunteer attorneys in Atlanta. Scholarship funds for graduating students and prize money for win- The 2013 winners of the oral and written competition (left to right) Juniors Amber Johnson, 1st ners of the oral and written compe- place; Kara Wise, 2nd place; and Baili Wise, 3rd place. tition have totaled more than $7,000 through the donations of the State Bar of Georgia Diversity Program and the Leadership Institute for Women of Color Attorneys, Inc. As the program continues, we are tracking our Pipeline graduates who are students at Vanderbilt University, the University of Georgia, Georgia Tech and the University of Southern California, Berkeley. Whether these students pursue a law degree is yet to be determined, but we realize the exposure of these students to the legal profession has provided each with an invaluable experience that will Pipeline students tour the CNN Center. (Front row, left to right) Niki Phung, Alina Xu, Diana benefit them in whatever profes- Xu, Ayannna Gaines, Amber Johnson, Felicia Jacques, Anais Mayo and Amani Dabney. (Back row, left to right) Eric Pinckney, Alexander Nichols, Ethan Staes, Nia Jones, Daniel Logan, Kara sion they pursue. Wise, Nia Wynn-Sullivan and Baili Wise.

August 2013 49 …“and justice for all”

With GLSP’s Help, Mr. Hinson Was Able to Stay in the Nursing Home. Mr. Randy Hinson is a nursing home resident who is blind and wheel chair bound. He faced being discharged from the nursing home because his son took $15,000 from his bank account without his consent. The Department of Family and Children Services (DFCS) penalized Mr. Hinson because of the withdrawal, cancelling his Medicaid coverage for three months. The nursing home initiated discharge proceedings for non-payment. On Mr. Hinson’s behalf, lawyers from the Georgia Legal Services Program appealed the Medicaid penalty and intervened in the discharge proceeding. Ultimately, DFCS agreed to waive the penalty because Mr. Hinson was not at fault, and because of the hardship that the penalty was causing. Once the Medicaid coverage was reinstated, the nursing home dismissed its discharge action. “And Justice for All” 2013 State Bar Campaign for the Georgia Legal Services Program, Inc. Supporting GLSP is not about charity. Supporting GLSP is about justice for all.

State Bar of Georgia Georgia Legal Services Program® ®

Scan the QR code with your smart phone, or go to www.glsp.org (click on Donate Now). Thank you for your generosity and support.

The Georgia Legal Services Program (GLSP) is a 501(c)(3) nonprofit law firm. Gifts to GLSP are tax-deductible to the fullest extent allowed by law. (The client story is used with permission. The photograph and name do not necessarily represent the actual client.)

GLSP Aug 2013 Bar Journal Ad.indd 1 7/2/13 4:03 PM Thank you to the law firms and corporations’ general counsel, partners, associates, summer associates, law professors, in- SAVE THE DATE house counsel, businesspersons, paralegals and administrators who volunteered as speech instructors, mentors and speakers, or provided OCT. 3, 2013 administrative support to ensure the success of this year’s program. A complete list of the volunteers 21st Annual State Bar of Georgia Diversity may be found below. Program Luncheon and CLE 3 CLE with 1 Professionalism (self-reporting) Marian Cover Dockery is an Welcome Reception scheduled for Oct. 2, location TBA employment discrimination Keynote Speaker attorney and the Teresa Wynn Roseborough, executive vice president, general executive director of counsel and secretary, The Home Depot, Inc. the State Bar of Georgia Diversity Program. For more Visit www.gabar.org for more information and to register. information on the Diversity Program, go to www.gabar.org. Questions? Contact Marian Cover Dockery at [email protected].

Thank You 2013 High School Pipeline Volunteers

Alston & Bird LLP Atlanta’s John The Coca-Cola Legal Aid Society Troutman Sanders Angie Burnette Marshall School Company Michelle Jordan Alison Grounds Marshall Chalmers of Law Ashley Lee Marian Dockery Shakara Barnes Micah Moon Lovita Tandy McFadden, White, & Associates LLC Jonathan Yi Kevin He Rebecca Cummings Sprattlin & Davis LLC William W. Long Jarrod Loadholt Angela Payne-James Jeff Vandetta Chandra Davis Jeremy Burnette Beth Cole Renata Turner Miller & Martin Tashwanda Pinchback Sage M. Sigler Anthony Baker Elarbee, Thompson, PLLC Jacob Rogers Diane Wizig Farrah Fisher Sapp & Wilson, LLP Curtis Martin II Parker Hancock Daniel Huynh Anthony Baker Porsche Leonce Morris, Manning Brent Wilson Turner Broadcasting Labriah Lee AT&T & Martin, LLP Systems Helen Yang Melba Hill Equifax Clyde E. Mize Jr. Louise Sams Amanda Waide Richard Goerss Baker, Donelson, Parker Hudson Ray Whitty Catherine Payne Jennifer Burns Rainer & Dobbs LLP Antonio Jones Bryan Lutz Bearman, Caldwell Eric Joyner Kathleen Currey Alesia Mixon Jarrett Ellis & Berkowitz, PC Shannon Strachan G. Wayne Hillis Mira Koplovsky Liz Broadway Brown Charles Huddleston Kennetha West-Pullins Elizabeth Loyd Jennifer Froneberger Josh Harris Jennifer Ervin Ashley Autry Trish Treadwell Ayanna Crockett Marcus Strong Robert Johnson Troy Kubes Raj Shah Robyne Gordon Bryan Lutz Jodi Taylor Suzanne Alford Eric Taylor Audrey McFarlin Annalise Lisson Nikki Griffin Mathew Leonard Jones Day Bill Holley Jasmin Williams Arnall Golden Melissa Fox Richard Deane Amber Bishop Esther Ono Gregory LLP Shameka Marsh Jamila Hall Sutherland Nicole Howard Steve Pepper Denise Ward Pat Leake Natalie Williams James Johnson Max Clayton Tina Shah Lynsey Barron Yazz Krdzalic Alex Foster Cox Arlo Pittman John “Jack” Grady III Roger Washington Joel Gossner Angela Frazier Janet Wade David Monde Tujuanza Burns Jennifer Grant Marissa Hunter Kilpartrick Lillian Caudle Jamie Shackelford Drew Stevens Townsend David Bouchard Jeanene Jobst Bob Greenage Lynda Murray-Blair Mike Patel Swift, Currie, Joan Konowitz McGhee & Hiers, LLP Atlanta History City of Atlanta Mary Alexander Myers Carly Regan Martine Cumbermack Melissa Siegelman Museum Davené Walker Anandhi Rajan Sheffield Hale Peter Dultsman

August 2013 51 Bench & Bar

Kudos State of Georgia’s Electronic Child Support > Presiding Judge Herbert E. Phipps was Worksheet Task Force, working with fellow practi- unanimously elected as the new chief tioners and judges to improve Georgia’s Child judge of the Court of Appeals of Support Calculator. Georgia. He assumed the position in July, succeeding Chief Judge John J. > Warner, Bates, McGough, Ellington. The Court’s chief judge is McGinnis & Portnoy responsible for the administration of the court, announced that partner supervising the Court’s fiscal affairs, initiating poli- Barry McGough was named cies and representing the court in its relations with the 2013 recipient of the other courts, agencies of the government, the Bar Joseph T. Tuggle, Jr. McGough McGinnis and the general public. The term of chief judge of Professionalism Award. the Court of Appeals of Georgia is two years. Established in 1995, the award recognizes the attorney or judge whom the Family Law Section of the > Leah Ward Sears, former chief justice of State Bar of Georgia believes best exemplifies the the Supreme Court of Georgia and cur- “aspirational qualities of professionalism.” rent leader of Schiff Hardin’s national McGough is the second partner at the firm to Appellate Client Service Team, was receive the award in the last five years. elected a fellow of the prestigious Partner Jim McGinnis was named to the Atlanta American Academy of Appellate Volunteer Lawyers Foundation (AVLF) Board of Lawyers. Academy membership is by invitation Directors. AVLF was created in 1979 through the only and is limited to 500 members in the United joint efforts of the Atlanta Legal Aid Society, the States. Selected individuals must possess a reputa- Atlanta Bar Association, the Atlanta Council of tion of recognized distinction as an appellate lawyer Younger Lawyers and the Gate City Bar Association and have a practice that has focused substantially to offer lawyers an opportunity to provide civil legal on appeals for the past 15 years or more. representation for the poor. Since then, AVLF has provided representation for indigent clients through > Crawford & Company announced that the efforts of volunteer private attorneys, its student Allen W. Nelson received the 2013 clinical program and various outreach programs. Revolutions Award for Outstanding Nonprofit Board Leader for his service > Bryan Cave LLP announced that partner Scott with the Atlanta Ballet. The award was Killingsworth was selected to receive the presented by the Georgia Center for Distinguished Legal Writing Award by The Nonprofits. Nelson is chairman of the board of Burton Awards for Legal Achievement for his Atlanta Ballet, a position he has held since 2009, and article, “Modeling the Message: Communicating has been on its board since 2006. Compliance through Organizational Values and Culture.” The Burton Awards program was estab- > Tina Shadix Roddenbery, founding lished to honor the greatest achievements in law, partner of Atlanta law firm Holland with special emphasis on writing and reform. This Roddenbery LLC, was elected treasurer specific honor is given to no more than 30 authors of the Georgia Chapter of the American annually based on nominations submitted by the Academy of Matrimonial Lawyers, nation’s 1,000 largest law firms. founded in 1962 to provide leadership that promotes the highest degree of professionalism > Boyd Collar Nolen & Tuggle, LLC, announced and excellence in the practice of family law. the completion of the LexisNexis Practice Guide: Roddenbery, a fellow of the national organization Georgia Family Law 2013 Edition. Written collab- for 14 years, has practiced family law since 1987. oratively by the firm’s lawyers, the book provides Georgia family law practitioners with an overview > Boyd Collar Nolen & Tuggle, LLC, on topics including marriage and divorce, fam- announced the appointment of partner ily violence, paternity and legitimization, jurisdic- Kathleen B. “Katie” Connell to the tion and venue, alternative dispute resolution and Georgia Commission on Child emerging issues. Support. Connell was appointed by Gov. Nathan Deal to serve on the com- > Manatt, Phelps & Phillips, LLP, announced that mission for a four-year term. She has served on the Richard S. Costigan III was elected vice chair

52 Georgia Bar Journal Bench & Bar

of the Finance & Administration Committee for legal assistance to obtain medical care and other CalPERS, the largest public pension fund in North relief under workers’ compensation programs. America and among the top 10 funds in the world. Costigan has served on the CalPERS Board as the > The Law Office of Laura E. Stevenson representative of the California State Personnel announced that Laura Stevenson was Board (SPB) since January 2011. He was appointed appointed chief judge of the Municipal to the SPB by Gov. Arnold Schwarzenegger in 2007. Court for the new city of Brookhaven in February. Stevenson will also con- > Sutherland Asbill & Brennan LLP tinue her private practice, which focus- announced that partner W. Henry es on commercial litigation and employment law. Parkman was elected to serve on Board of Trustees of The Georgia Trust for > Hyatt & Stubblefield, P.C., announced Historic Preservation. The Trust is one that Wayne S. Hyatt was the recipient of the country’s largest statewide, non- of the Frederick S. Lane Award given profit preservation organizations, committed to by The American College of Real Estate. preserving and enhancing Georgia’s communities The award is the highest honor the col- and their diverse historic resources for the educa- lege can bestow. The Lane Award has tion and enjoyment of all. previously been given only seven times since the college was founded in 1978 to honor the career > Kilpatrick contributions of distinguished real estate law- Townsend & yers who have selflessly served the profession, the Stockton LLP college and their community. announced that partner Miles > HunterMaclean partner Ted Henneman Alexander Lord Vayner Alexander was was recently honored with the State named a 2013 Bar of Georgia’s 2013 A Business inductee into the IP Hall of Fame. Inductees are cho- Commitment Pro Bono Award, which sen by members of the IP Hall of Fame Academy, recognizes exceptional business law pro which comprises individuals already inducted into bono contributions in Georgia. The State the IP Hall of Fame and other acknowledged IP leaders. Bar of Georgia Access to Justice Committee and the Partner Ty Lord was elected to the Georgia First State Bar of Georgia Pro Bono Project recognized Amendment Foundation Board of Directors. The Henneman for his service as a member of the advi- Foundation advances the cause of open govern- sory committee charged with creating a housing ment through education and advocacy. It strives trust fund for the city of Savannah. He will be pre- to educate citizens, journalists and public officials sented the award at a reception at State Bar of concerning freedom of information and on open Georgia in October. government and meetings laws in Georgia. Associate Sabina Vayner was selected to par- > Carlock, Copeland & Stair, LLP, ticipate in the LEAD Atlanta Class of 2014. In 2004, announced that Marquetta J. Bryan Leadership Atlanta founded LEAD Atlanta, as an accepted a nomination to join the initiative for emerging leaders between the ages prestigious Claims and Litigation of 25 and 32. Through personal and professional Management Alliance (CLM). CLM is development and broad exposure to the commu- an alliance of insurance companies, cor- nity, LEAD Atlanta aims to equip young leaders porations, corporate counsel, litigation and risk early in their careers with the skills and knowledge managers, claims professionals and attorneys. needed to be effective leaders committed to the CLM’s goal is to promote and further the highest common good. standards of litigation management in pursuit of client defense. > Long & Holder, LLP, announced that Thomas L. Holder became a member of > Weissman, Nowack, Curry & Wilco, the Board of Directors of the Workers’ P.C., announced that Jeff Schneider Injury Law and Advocacy Group was named chair of the Real Property (WILG). WILG is a national organiza- Law Section of the State Bar of Georgia. tion made up of attorneys who represent The section is composed of attorneys the interests of injured workers who need expert practicing in the area of commercial and

August 2013 53 Bench & Bar

residential real estate. For the past nine years he has insurance for lawyers and malpractice prevention served on the executive committee of the Real information and help. Property Law Section. He previously served as chair of the title standards subcommittee and the > Ragsdale Beals Seigler Patterson & section liaison with the Georgia Insurance Gray, LLP, announced that partner Commissioner and title insurance industry. Herbert H. “Hal” Gray III was elected Schneider recently chaired the 2013 Real Property a fellow of the American College of Law Institute on Amelia Island, Fla., which experi- Civil Trial Mediators. The college, enced the highest participation in recent years. based in Orlando and founded in 1995, has 150 fellows nationwide. Fellows are elected to > The Georgia Association of Black Women membership on the basis of their excellence, experi- Attorneys (GABWA) announced the winners of its ence, skill, ethical standards and commitment to 2013 Founders Awards: Hon. M. Yvette Miller, Julie mediation as a method of dispute resolution. M. T. Walker, Karlise Grier, Chief Justice Carol W. Hunstein, Georgia Legal Services Program and On the Move Laverne Gaskins. The Founders Awards were established in 2006 to recognize the accomplishments of In Atlanta women and organizations that embody the mission > Brian A. Becker announced the open- of GABWA and the legacy of its founders. ing of The Becker Law Firm, LLC, a solo practice dedicated to trusts and > Hunton & Williams LLP announced estates, business transactions and that Rita A. Sheffey, a partner in its liti- mediation. The firm is located at gation and intellectual property prac- Horizon, Suite 1513, 3300 Windy tice, received the Charles E. Watkins Jr. Ridge Parkway, Atlanta, GA 30339; 404-590-7578; Award, the Atlanta Bar Association’s www.thebeckerfirm.com. highest honor. She also was presented a Distinguished Service Award for her work chair- > Chevelle D. Douglas announced the formation of ing the search committees for an executive director the Douglas Law Group, LLC. Previously, Douglas and a continuing legal education director. President was employed with Cordell & Cordell, P.C., a of the Atlanta Bar Association from 2011-12, she has men’s rights firm. The Douglas Law Group, LLC, is received numerous awards from the association, a family law practice specializing in child custody including the inaugural Rita A. Sheffey Public disputes. The firm is located at 444 Highland Ave. Interest Award in 2012, a Distinguished Service NE, Suite 301, Atlanta, GA 30312; 678-534-2490; Fax Award for pro bono service in 2010 and the Women 678-534-3462; www.douglaslawgroup.com. in the Profession Section’s Outstanding Woman in the Profession Achievement Award in 2005. > David Scott Thompson announced the opening of The Law Offices of David > Compass Law Group, LLC, announced Scott Thompson, LLC. Thompson was that founding partner Taylor Hanson previously a senior associate with Drew, Haley was appointed to the Georgia Eckl & Farnham. He focuses his new State Personnel Board by Gov. Nathan practice on workers’ compensation, Deal. She recently completed an appoint- employment law and personal injury. The firm can ment to the State Commission on Family be contacted at P.O. Box 250142, Atlanta, GA 30325; Violence. Haley’s practice areas include litigation 404-668-2572; www.davethompsonlaw.com. and government as well as title insurance defense, zoning issues and real estate development projects. > Barnes & Thornburg LLP > McKenna Long & Aldridge LLP announced that announced the appointment of partner James R. Shari Klevens as a member of the Robinson and

American Bar Association’s Standing Robinson Spanos Falk Peter Spanos Committee on Lawyer’s Professional joined the firm Liability. Klevens began her three-year as partners and Roslyn Falk joined the firm as of term in August. The committee provides a source of counsel. Robinson is a member of the corporate information on legal malpractice claim statistics, department and private wealth services practice

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group. Spanos is a member of the labor and employ- nuptials and post-nuptials, family violence and ment law department. Falk is a member of the cor- protective order cases and sexual abuse in families. porate department. The firm is located at 3475 The firm is located at 115 Perimeter Center Place, Piedmont Road NE, Suite 1700, Atlanta, GA 30305; Suite 1080, The Terraces South, Atlanta, GA 30346; 404-846-1693; Fax 404-264-4033; www.btlaw.com. 770-350-8582 or 770-350-8581; Fax 770-698-9658. > Hall Booth Smith, P.C., > Carlock, announced that Dana Copeland & Cohen and Nathan Gaffney Stair, LLP, joined the firm as associ- announced ates. Cohen represents cli- that Michael J. ents in the medical malprac- Walker joined Cohen Gaffney Walker Bryant Owens tice and long term care the firm as of practice groups. Gaffney is a member of the medical counsel, and Meredith A. Bryant and William K. malpractice, dental and criminal practice groups. Owens Jr. joined the firm as associates. Walker The firm is located at 191 Peachtree St., Suite 2900, joined the commercial litigation, education law Atlanta, GA 30303; 404-954-5000; Fax 404-954-5020; and employment litigation teams, which includes www.hallboothsmith.com. the defense of public and private entities in employment-related litigation. Bryant joined the > Barbara E. Keon and Deborah S. Ebel announced workers’ compensation team. Owens is a member the formation of Keon & Ebel. The firm focuses of the general liability and insurance coverage entirely on all aspects of family law including: and bad faith litigation practice groups. The firm divorce, custody, custody and support modifica- is located at 191 Peachtree St. NE, Suite 3600, tions, mediation, contempt actions, paternity and Atlanta, GA 30303; 404-522-8220; Fax 404-523- legitimation actions, guardian ad litem work, pre- 2345; www.carlockcopeland.com.

GABWA Celebrates 28th Year of Legal Talk Show

“Legally Speaking” was first produced by the Georgia Association of Black Women Attorneys (GABWA) in 1984 to educate and inform citizens about various topics in the law. Over the course of many years, “Legally Speaking” has grown into an award-winning talk show tackling tough issues such as voting rights, family law, bankruptcy and domestic violence. The show introduces top advocates in their respective fields to address viewers about various legal topics. In 2012, “Legally Speaking” began its 28th season with a new set, new network and new hosts, Kenya Johnson and Sonja Natasha Brown. “By using television and social media, GABWA has been able to effectively fulfill its mission of advocating for (Left to right) Kenya Johnson and Sonja Natasha Brown, co-hosts women and children and empowering our community on a of GABWA’s “Legally Speaking.” broader scale. The more citizens know about relevant legal issues, the better citizens they will be. Even though our Sherry Boston on domestic violence and Atlanta Municipal show doesn’t give legal advice, viewers learn the relevant Judge Crystal Gaines addressing traffic safety laws. issues in the fields of law that we address—making them “Legally Speaking” is seen in more than 1 million households better informed when they seek legal counsel,” says coin the metro-Atlanta area and airs the second Sunday of host Kenya Johnson. every month at 9:30 p.m. on the AIB Network which can Recent show topics include immigration reform, tax matters, be found on Comcast Cable (channel 5), AT&T U-verse voting rights and how to apply for law school. Guests have (channel 6) and Charter Communications-Smyrna/Roswell included Sen. Renee Unterman (R-Buford) discussing the (channel 22) and live online at aibtv.com. Past episodes can commercial sexual exploitation of children, DeKalb Solicitor be found on YouTube under “GABWA Legally Speaking.”

August 2013 55 Bench & Bar

> Bryan Cave LLP announced the addition of four including medical malpractice and a general insur- new partners to the firm’s Atlanta office: Scott ance defense practice. Atkins practices exclusively Hobby, Charles F. Hollis III, Derek C. Johnston in the area of workers’ compensation, representing and Sean D. Christy. All joined the firm to con- employers, insurance carriers and third-party admin- tinue a pre-eminent international practice focusing istrators throughout Georgia. The firm is located at on outsourcing. The firm is located at One Atlantic 229 Peachtree St., Suite 950, Atlanta, GA 30303; 404- Center, Fourteenth Floor, 1201 W. Peachtree St. 446-4488; Fax 404-446-4499; www.kendavidlaw.com. NW, Atlanta, GA 30309; 404-572-6600; Fax 404-572- 6999; www.bryancave.com. > Littler Mendelson, P.C., added Tamika Nordstrom as a shareholder in the > Baker, Donelson, Bearman, Atlanta office. Nordstrom was previous- Caldwell & Berkowitz, PC, ly a shareholder with Ogletree Deakins’ announced that Jonathan Atlanta office. She has significant experi- E. Green and Dylan W. ence in the area of employment litigation Howard were elected as and arbitration. The firm is located at 3344 Peachtree Green Howard shareholders in its Atlanta Road NE, Suite 1500, Atlanta, GA 30326; 404-233- office. Both Green and 0330; Fax 404-233-2361; www.littler.com. Howard concentrate their practices in the areas of business litigation and real estate litigation. The > Lewis Brisbois Bisgaard & Smith, LLP, firm is located at 3414 Peachtree Road NE, Suite announced that Jonathan D. Goins 1600, Atlanta, GA 30326; 404-577-6000; Fax 404-221- joined the firm as a partner. Goins spe- 6501; www.bakerdonelson.com. cializes in the intellectual property transactional and litigation practice > Hunton & Williams LLP areas of trademarks, copyrights and announced that Trevor K. trade secrets for a wide variety of industries includ- Ross was promoted to part- ing technology, new media, entertainment and ner and Robert L. Green sports. The firm is located at 1180 Peachtree St. NE, joined the firm as a senior Suite 2900, Atlanta, GA 30309; 404-348-8585; Fax . Ross advises on 404-467-8845; www.lewisbrisbois.com. Ross Green attorney corporate finance, securities law compliance, mergers and acquisitions and gen- > L. Chris Stewart, eral corporate matters, with a particular focus in the Quinton S. Seay real estate, financial services and specialty finance and Eugene industries. Green leads the firm’s transaction pro- Felton Jr. cessing industry initiative. Green has 15 years of announced the

experience working with financial services compa- Stewart Seay Felton formation of nies. The firm is located at Bank of America Plaza, Stewart, Seay & Suite 4100, 600 Peachtree St. NE, Atlanta, GA 30308; Felton. The firm handles cases involving personal 404-888-4000; Fax 404-888-4190; www.hunton.com. injury, sexual assault, trucking and motor vehicle accidents, nursing home neglect, wrongful death, burn > Siskind Susser, P.C., announced that injuries and employment discrimination. The firm is attorney Zulma P. López joined the located at 260 Peachtree St. NE, Suite 1001, Atlanta, firm as an associate. López assists cli- GA 30303; 404-637-0240; www.ssfjustice.com. ents in family and employment-based immigration, as well as assisting clients > Nelson Mullins Riley & in removal or deportation proceedings. Scarborough LLP announced The firm is located at 200 Ashford Center N, Suite that David F. Katz joined the 220, Atlanta, GA 30338; 770-913-0800; Fax 770-913- firm as a partner and Sara 0888; www.visalaw.com. Hamilton joined the firm as an associate. Katz leads the Katz Hamilton > Ken David & Associates, LLC, announced that privacy and information Vince Toreno joined the firm as chair of the civil liti- security practice group. Before joining the firm, he gation group and Alissa Atkins was promoted to co- spent seven years with Aaron’s Inc. Hamilton prac- chair of the workers’ compensation group. Toreno’s tices pharmaceutical and medical devices litigation practice focuses on civil litigation defense work, and employment law. The firm is located at 201 17th

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St. NW, Suite 1700, Atlanta, GA 30363; 404-322-6000; former of counsel and Robson is a former associ- Fax 404-322-6050; www.nelsonmullins.com. ate with Cash, Krugler & Fredericks, LLC. Their practice focuses on plaintiff’s personal injury and > Miller & Martin PLLC announced that Tate M. wrongful death matters. The firms is located at 3445 Keenan joined the firm’s Atlanta office as an associ- Peachtree Road, Suite 425, Atlanta, GA 30326; 404- ate in the litigation department. Keenan was previ- 751-4702; Fax 404-261-0024; www.glassrobson.com. ously with Robins, Kaplan, Miller and Ciresi. The firm is located at 1170 Peachtree St. NE, Suite 800, > Rollins Inc., a nationwide consumer Atlanta, GA 30309; 404-962-6100; Fax 404-962-6300; services company, named Elizabeth B. www.millermartin.com. “Beth” Chandler vice president and general counsel. Before joining Rollins, > Stites & Harbison, PLLC, Chandler was vice president, general welcomed attorneys Paul counsel and corporate secretary for Durdaller, member, and Asbury Automotive. Rollins Inc., is located at 2170 Valerie Richmond, coun- Piedmont Road NE, Atlanta, GA 30324; 404-888- sel, to the firm’s Atlanta 2000; www.rollins.com. office. Both Durdaller and Durdaller Richmond Richmond joined the credi- Eighteen Attorneys Chosen for tors’ rights and bankruptcy service group. The firm is located at 2800 SunTrust Plaza, 303 Peachtree St. Leadership Atlanta Class of 2014 NE, Atlanta, GA 30308; 404-739-8800; Fax 404-739- Celebrating more than 40 years of developing leaders, 8870; www.stites.com. Leadership Atlanta is the oldest sustained community leadership program in the nation. Together with an expan- > sive network of distinguished alumni, Leadership Atlanta continues a proud tradition of connecting and inspiring leaders to strengthen metro-Atlanta’s communities. The core of Leadership Atlanta’s programming is a signature nine-month, executive-level series. Seventy-five established Portnoy Garner Siver Eyo leaders are chosen each year to represent a broad cross- section of metro-Atlanta. Through retreats, full-day semi- The family law firm of Warner, Bates, McGough nars, service projects, discussion groups and community & McGinnis will be known as Warner, Bates, tours, members explore critical community issues, examine McGough, McGinnis & Portnoy following the themselves as leaders and build relationships of trust and addition of Kathy L. Portnoy as partner. Portnoy mutual understanding. practices in the areas of domestic law and family litigation. Kynna Duncil Garner, Keith D. Siver and The 18 attorneys chosen for Leadership Atlanta Class of Kem A. Eyo joined the firm as associates. Garner 2014 are: Douglas Randall Balyeat, Pratt Industries, practices in the areas of domestic law and family Inc.; Eric Leroy Barnum, Schiff Hardin LLP; Mary Terry law. Siver and Eyo practice in the areas of domes- Benton, Alston & Bird LLP; James Walton Boswell III, tic law and family litigation. The firm is located at King & Spalding LLP; John C. Childs, Georgia Pacific; 3350 Riverwood Parkway, Riverwood 100 Building, Noni Anika Lois Ellison Southall, Turner Broadcasting Suite 2300, Atlanta, GA 30339; 770-951-2700; Fax Systems Inc.; Jeffrey Brian Ellman, Jones Day; Candace 770-951-2200; wbmfamilylaw.com. Oxendale Fowler, Kilpatrick Townsend & Stockton LLP; David E. Gevertz, Baker, Donelson, Bearman, Caldwell > James-Bates-Brannan-Groover-LLP & Berkowitz, PC; Craig Lewis Goodmark, Goodmark announced that W. Collins Brown joined Law Firm, LLC; Hollister Anne Hill, Troutman Sanders the firm as an associate. His practice areas LLP; Michael E. Hollingsworth II, Nelson Mullins include tax law, estate and asset protec- Riley & Scarborough LLP; Gary Scott Hulsey, U.S. tion, tax-exempt organizations and busi- Attorney’s Office; Sonjui Lal Kumar, Kumar, Prabhu, ness law. The firm is located at 3399 Patel & Banerjee, LLC; Natosha Oriana Reid, Habitat Peachtree Road NE, Suite 1700, Atlanta, GA 30326; for Humanity International; R. Todd Silliman, McKenna 404-997-6020; Fax 404-997-6021; jamesbatesllp.com. Long & Aldridge LLP; Michael Joseph Sullivan, Womble Carlyle Sandridge & Rice, LLP; and Robert David Wolf, > Robert F. Glass and James A. Robson announced Fulton County District Attorney’s Office. the formation of Glass & Robson, LLC. Glass is

August 2013 57 Bench & Bar

In Albanyt In Dunwoody > Watson Spence LLP announced that > Kelly Michael Hundley announced the relocation Chuck Wainright returned to the firm of his law practice, Kelly Michael Hundley, LLC. as a partner. Wainright handles a full Hundley focuses his practice on providing advice, array of complex litigation matters, spe- guidance and representation to business owners cializing in medical malpractice defense. across the spectrum of employee relations issues The firm is located at 320 Residence in addition to his practice in the areas of local Ave., Albany, GA 31701; 229-436-1545; Fax 229-436- government law and general commercial law and 6358; watsonspence.com. litigation. The firm is located at Two Ravinia Drive, Suite 500, Atlanta GA 30346; 770-680-4391; www. In Columbus kellyhundleylaw.com. > Page, Scrantom, Sprouse, Tucker & Ford, P.C., announced that Andrea J. Flandry joined the firm In Evans as an associate. She represents individuals and > Hull Barrett, PC, announced that corporations in the areas of family law and civil liti- Michael E. Fowler Jr. became a share- gation. The firm is located at 1111 Bay Ave., Third holder in the firm. His practice con- Floor, Columbus, GA 31901; 706-324-0251; Fax 706- centrates on representing corporate, 243-0417; www.columbusgalaw.com. banking and individual clients in transactions such as real estate clos- In Cumming ings, lease and contract negotiation and loan clos- > Andrew Richman announced the open- ings. The firm is located at 7004 Evans Town ing of the Richman Law Firm. Richman Center Blvd., 3rd Floor, Evans, GA 30901; 706- concentrates his practice in the areas of 722-4481; www.hullbarrett.com. DUI and criminal defense. The firm is located at 6150 Georgia Highway 400 N, Suite C, Cumming, GA 30028; 678-935- 6268; www.georgiacrime.com.

Athens Justice Project Receives Emergency Grant from Georgia Bar Foundation The Georgia Bar Foundation presented a $10,000 emergency grant to the Athens Justice Project (AJP), a local nonprofit organization that provides legal representation and other assistance to low- income individuals who are facing criminal charges. AJP’s aim is to empower its clients to break the cycle of crime and poverty and create lives as self-supporting and law-abiding, taxpaying citizens by providing legal representation, counseling and employment opportunities. The Georgia Bar Foundation grant will enable AJP to continue to operate despite having lost more than 60 percent of its funding from traditional services since 2008 because of the economic downturn. AJP is in a restructuring process that involves partnering with another local nonprofit organization to ensure the project’s future economic viability. The Georgia Bar Foundation was created for charitable, religious (Left to right) Georgia Bar Foundation Trustee and former President William D. Harvard of Evert, Weathersby and educational purposes in 1967. It is a 501(c)(3) organization & Houff; Athens Justice Project Secretary William M. named by the Supreme Court of Georgia in 1983 to receive Overend of McArthur, McArthur & Overend; and Athens Interest on Lawyer Trust Accounts (IOLTA) funds to support legal Justice Project Executive Director Jenni Olson. services for the poor, to improve the administration of justice, to promote professionalism in law practice in order best to serve the public, to aid children involved in the justice system and to advance the legal system through historical study. The Foundation has a 19-member Board of Trustees, 16 of whom are appointed directly by the Supreme Court of Georgia and three of whom are members by virtue of being officers of the State Bar of Georgia.

58 Georgia Bar Journal Bench & Bar

In Gainesville In Savannah > Charles Elton DuBose Jr. was named a > HunterMaclean announced that Gary partner at Stewart Melvin & Frost. E. McClanahan joined the firm as coun- Since 2000, DuBose has focused his sel. McClanahan is a member of the practice on workers’ compensation health care practice. He concentrates his defense work, primarily representing practice on billing and reimbursement, employers, insurers and third-party federal and state regulatory compliance administrators. The firm is located at Hunt Tower, in the areas of fraud and abuse, self-referral, Suite 600, 200 Main St., Gainesville, GA 30501; 770- HIPAA/HITECH and Affordable Care Act compli- 536-0101; Fax 770-532-2171; www.smf-law.com. ance. The firm is located at 200 E. Saint Julian St., Savannah, GA 31401; 912-236-0261; Fax 912-236- In Norcross 4936; www.huntermaclean.com. > Shyam K. Reddy joined Euramax International, Inc., as senior vice presi- In Chattanooga, Tenn. dent, general counsel and corporate sec- > Evans Harrison Hackett PLLC an- retary. Euramax is an international man- nounced that Scott M. Shaw joined the ufacturer of aluminum, steel, vinyl, cop- firm as a member. His practice focuses per and fiberglass products for original primarily on business-based and proper- equipment manufacturers, distributors, contractors ty-related litigation at the state and federal and home centers worldwide. In addition to being the levels. The firm is located at One Central company’s chief legal and compliance officer, Reddy Plaza, Suite 800, 835 Georgia Ave., Chattanooga, TN is responsible for leading and managing the real 37402; 423-648-7890; www.ehhlaw.com. estate function and the human resources department at the company. Euramax International, Inc., is locat- In Greenville, S.C. ed at 303 Research Drive, Suite 400, Norcross, GA > Elizabeth M. Nelson joined Nelson 30092; 770-449-7066; www.euramax.com. Mullins Riley & Scarborough LLP’s Greenville office as an associate. Nelson > Zimmerman & Associates announced is part of the corporate, securities and tax that Brad J. Zimmerman joined the firm team and focuses her practice on the tax as an associate. His practice areas aspects of real estate and corporate trans- include criminal law, corporate law, actions. The firm is located at Poinsett Plaza, Suite contractual negotiation and litigation, 900, 104 S. Main St., Greenville, SC 29601; 864-250- domestic relations, personal injury and 2300; Fax 864-232-2925; www.nelsonmullins.com. immigration. The firm is located at 6376 Spalding Drive, Norcross, GA 30092; 770-350-0100; Fax 770- 350-0106; www.zimmermanatlantalaw.com. How to Place an Announcement in the Bench & Bar column In Peachtree City If you are a member of the State Bar of Georgia and > Alan W. Connell and DeAnn Wheeler announced you have moved, been promoted, hired an associate, the opening of an additional office in Peachtree City taken on a partner or received a promotion or award, of Connell & Wheeler, a family law and personal we would like to hear from you. Talks, speeches (unless injury firm. The office is located at 401 Westpark they are of national stature), CLE presentations and Court, Suite 200, Peachtree City, GA 30269; 706-647- political announcements are not accepted. In addition, 8180; www.connellwheeler.com. the Georgia Bar Journal will not print notices of honors In Saint Simons Island determined by other publications (e.g., Super Lawyers, > Compass Law Group, LLC, announced Best Lawyers, Chambers USA, Who’s Who, etc.). that Lindsey R. Stewart joined the firm Notices are printed at no cost, must be submitted in as an associate. Stewart has a general writing and are subject to editing. Items are printed practice, with a focus on civil litigation as space is available. News releases regarding lawyers and real estate matters. The firm is who are not members in good standing of the State Bar located at 300 Main St., Suite 301, Saint of Georgia will not be printed. For more information, Simons Island, GA 31522; 912-268-4386; Fax 800- please contact Stephanie Wilson, 404-527-8792 or 250-7761; www.compasslawgroup.net. [email protected].

August 2013 59 Bench & Bar

In Norfolk, Va. is located at 4011 Westchase Blvd., Suite 300, > Darryl W. Lunon II joined the U.S. Raleigh, NC 27607; 919-719-3728; Fax 919-832-7425; Department of the Navy’s Office of www.hedrickgardner.com. General Counsel as an assistant counsel to Naval Facilities Engineering In Tallahassee, Fla. Command–Mid-Atlantic (NAVFAC > Robert L. Moore Jr. was named vice MIDLANT). Lunon provides counsel president/chief human resource officer on a full range of installation issues, concentrating of Tallahassee Memorial HealthCare. on construction service acquisitions, architecture/ In this role, Moore will advance the engineering and base operations services, fiscal law, human resources program including facilities maintenance, utility issues, real estate and policies, procedures and colleague public-private ventures. NAVFAC MIDLANT is activities. Tallahassee Memorial HealthCare is located at 9742 Maryland Ave., Norfolk, VA 23511; located at 1300 Miccosukee Road, Tallahassee, FL 757-341-1410; portal.navfac.navy.mil. 32308; 850-431-1155; www.tmh.org. In Raleigh, N.C. In Tampa, Fla. > Hedrick Gardner Kincheloe & > Butler Pappas Weihmuller Katz Craig LLP Garofalo, LLP, announced that Laura announced that Curt Allen joined the firm as a part- M. Forrest joined the firm. Her practice ner. Allen is active in the field of insurance coverage is concentrated in civil litigation, com- and extra-contractual matters. The firm is located at mercial litigation, motor vehicle negli- 777 S. Harbour Island Blvd., Suite 500, Tampa, FL gence, premises liability, construction 33602; 813-281-1900; www.butlerpappas.com. litigation and insurance coverage disputes. The firm

Fulton DA Looks Toward Future with Youth Programs by Kenya M. Johnson “You cannot be what you cannot see.” That is Fulton County District Attorney Paul Howard Jr.’s mantra and guiding force behind his passion for serving and mentoring youth. For almost eight years, Howard has taken the grim statistics regarding crime, truancy, literacy and graduation rates for minority youth and used them as fuel for four innovative youth programs: Legal Lives, Junior DA, the Perkeson Reading Program and Partnership for Perfect Attendance.

Legal Lives Since 2000, Howard has sent 25-dedicated assistant district attorneys into fifth grade classes in eight inner-city schools to volunteer in a program called Legal Lives. The program was originally created by the Brooklyn District Attorney’s Office in New York with great success. In Fulton County’s version of the program, selected students learn about various aspects of the law and crimes common to Three exceptional students from each school that participated in the Legal Lives program were selected to attend an all-expense paid trip to their age. Topics like fighting in school, drug possession, Washington, D.C. theft and pulling school alarms are just a few of the scenarios addressed along with lessons on gun safety and what to do In addition to the legal teaching portion of the program, Legal when found in harmful situations. By visiting classrooms, the Lives attendees practice for the program highlight—a mock trial assistant district attorneys serve as role models for the chil- competition against neighboring schools. The grand prize is the dren—many themselves having grown up in similar inner-city coveted DA’s cup, a symbol of a job well done. The program school environments. Students often begin the program with culminates with the selection of three exceptional students negative views of law enforcement and by the end of their from each participating school to attend an all-expense paid experience come full circle with a respect and understanding trip to Washington, D.C. There, they get to witness the law in of the law and the need for a civil society. action and learn how it relates to government. In June 2008,

60 Georgia Bar Journal Bench & Bar

35 students, teachers and attorney chaperones flew to the nation’s capitol and visited sites such as the White House, Congress and the Civil War and Lincoln Memorials. It was an eye-opening experience for many students, several of whom had never flown on an airplane or even left the Atlanta area. It is Howard’s hope that by exposing young people to the law and allowing them to participate as well as broadening their horizons through travel, the Legal Lives participants will walk away feeling empowered and positive about their future.

Junior DA Where Legal Lives ends, the Junior DA program picks up. During the month of July, 25 students are selected to attend a four-week program designed to expose 12- to15-year- olds from Fulton County to law, politics and government. In the Junior DA program, the students get an overview of the criminal justice system and observe its components in Fulton County Superior Court Judge Christopher Brasher speaks to a group of junior DAs. action. Throughout this program, the students participate in various field trips including City Hall to meet the mayor; Fulton DA’s office designed to address the statistical corre- the Supreme Court of Georgia to hear oral arguments; lation between third grade reading scores and truancy with the youth detention facility; Atlanta Police Headquarters criminal offenders. In the Perkeson Reading Program, assis- and even a guest appearance on the Nancy Grace Show, tant district attorneys mentor and tutor third graders from hosted by Grace, a former Fulton County assistant district Perkeson Elementary School in hopes of increasing student’s attorney. The students also observe courtroom proceedings reading proficiency. and complete workbook activities that teach common legal “Once I found out that jails were being built based on vocabulary and explanations of law. third grade reading scores, I knew we had to do something,” Upon entry into this program, students with an interest says Howard, who himself has gone into the school to read in the law are given navy blazers to wear to emphasize the to children. “It was also startling to recognize that a large importance of looking and acting professionally in the work majority of our criminal defendants did not complete their place. Once the program is completed, the “junior DAs” secondary education,” says Howard. are pinned at a special graduation and banquet with a junior The district attorney subsequently partnered with his district attorney’s badge. It is a symbol of professionalism nephew, NBA superstar Dwight Howard and the Dwight and recognition designed to engender self-respect and pride Howard Foundation to give away bicycles to students who in the students. had perfect attendance in school. By rewarding Atlanta stu- In 2011, junior DA Jessica Maple of Sandtown Middle dents for perfect school attendance, the DA’s office hopes School solved a burglary in Jasper, Ga., using forensic tech- to send the message that by staying in school, students will niques learned in the program. Solving the crime garnered be rewarded in life. Howard’s visionary programs and his national attention including appearances on CNN, Good commitment to the youth of Fulton County is a legacy to Morning America and Fox News. be remembered.

Perkeson Reading Program and Partnership Kenya M. Johnson is a senior assistant district attorney in for Perfect Attendance Fulton County and director of youth programs. She can be The Perkeson Reading Program and Partnership for reached at [email protected]. Perfect Attendance are two other youth projects from the

The State Bar of Georgia Handbook is available online at www.gabar.org/barrules/.

August 2013 61 Office of the General Counsel

Conflict? What Conflict? by Paula Frederick

“ hanks for signing me up to help with

the poverty law hotline,” your associate T exclaims, collapsing into your guest chair. “I finally feel like a real lawyer! My client had an eviction

warrant from NastyLandlord. I got them on the phone

and threatened them with a counterclaim for the lousy

conditions. They backed down, and the client has a

zero balance. Case closed!”

“That’s great, but ummm . . . did you know that NastyLandlord is a client of the firm?” you ask. “Senior Partner is going to blow a gasket! I hope we don’t have to drop Nasty as a client because you now have a conflict with a pro bono client.” You let your associate sweat for a few painful minutes, then put her out of her misery. “Don’t worry; I won’t let Senior Partner chew you out. Lucky for you, Once the representation ends the lawyer must treat the rules of professional conduct just changed—guess the pro bono client as a former client for purposes of you’ll never forget about running a conflicts check determining future conflicts, but when there is a con- again,” you gloat. flict with the interests of the former pro bono client it The Supreme Court of Georgia recently approved an does not have to be imputed to the rest of the law firm addition to the Georgia Rules of Professional Conduct under Rule 1.10. – Rule 6.5. It creates an exception to the rules govern- The rule is based upon the American Bar Association ing conflicts of interest so that a lawyer volunteering Model Rules and none of the more than 40 states that at a courthouse, bar-sponsored kiosk or on a pro bono have adopted it have reported any problems with its hotline and providing one-shot advice does not have to implementation long-term. do a conflicts check before offering the advice. Georgia’s pro bono providers hope that the new rule In other words, if a lawyer does not know that she will eliminate barriers to participation and increase the has a conflict with the pro bono client, she may render pool of volunteers. Let’s hope so! the advice. The rule has several caveats: the lawyer must be Paula Frederick is the general counsel for working with a court-sponsored program or a program the State Bar of Georgia and can be sponsored by a nonprofit organization. The client must reached at [email protected]. understand that the representation ends after the consultation. The lawyer must provide the services with no expectation of being paid.

62 Georgia Bar Journal GET PUBLISHED

EARN CLE CREDIT The Editorial Board of the Georgia Bar Journal is in regular need of scholarly legal articles to print in the Journal. Earn CLE credit, see your name in print and help the legal community by submitting an article today!*

Submit articles to Sarah I. Coole, Director of Communications, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 or [email protected]. If you have additional questions, you may call 404-527-8791.

*Not all submitted articles are deemed appropriate for the Journal. The Editorial Board will review all submissions and decide on publication. Lawyer Discipline

Discipline Summaries (May 1, 2013 through June 14, 2013) by Connie P. Henry

Voluntary Surrender/Disbarments The Court found in aggravation of discipline that Wall acted willfully and dishonestly in accepting a fee, John Ramsay Wall then abandoning the clients’ legal matters, and that he Dunwoody, Ga. acted with a selfish motive. Admitted to Bar in 2005 On May 6, 2013, the Supreme Court of Georgia Lynn McNeese Swank disbarred attorney John Ramsay Wall (State Bar No. Morrow, Ga. 142638). The following facts are admitted by default: Admitted to Bar in 1975 A client retained Wall in early 2011 to file a divorce On May 6, 2013, the Supreme Court of Georgia action and paid him $750. Wall filed a divorce petition accepted the Petition for Voluntary Surrender of and negotiated temporary spousal support for her. In License of attorney Lynn McNeese Swank (State Bar April 2011, the client paid Wall $2,202 for work previ- No. 498450). Swank filed her Petition in anticipation ously done. In August the client provided him with of the entry of a guilty plea to perjury in the Superior dates she would be available for her deposition. Wall Court of Fulton County in March 2013. In 2010 Swank told her that he had served discovery and had not heard was arrested on charges she forged a Fulton judge’s back from her husband’s lawyer about her deposition. signature on several court orders. In October, Wall asked for $1,500 to respond to discovery requests and in selecting a custody evaluator. In Robert Emmett Maloney Jr. December, the client learned that she had missed her Stockbridge, Ga. deposition, that Wall had never filed the spousal support Admitted to Bar in 2004 and visitation agreement, that her husband had served On May 6, 2013, the Supreme Court of Georgia discovery in August and filed motions to compel and for accepted the Petition for Voluntary Surrender of sanctions and that Wall had not served any requests for License of attorney Robert Emmett Maloney Jr. (State discovery. Wall did not inform her of any of these mat- Bar No. 468108). Maloney was convicted of bank fraud ters and failed to communicate with her thereafter. in violation of 18 U.S.C. § 1344. In another matter, a client retained Wall in February 2011 to file a divorce action and paid him $956. Wall Michael L. DiTano filed the divorce petition in May. He failed to commu- Atlanta, Ga. nicate with the client thereafter. Admitted to Bar in 1995 In a third matter, a client paid Wall $1,700 to provide On May 20, 2013, the Supreme Court of Georgia representation in a divorce action. Wall failed to take accepted the Petition for Voluntary Surrender of any action and did not communicate with the client in License of attorney Michael DiTano (State Bar No. any way. 222850). DiTano was employed as in-house counsel

64 Georgia Bar Journal for a corporation that allowed him disregard for safety and the secu- to perform outside legal work as rity of the jail. long as he did not do so on company time and his work did not Suspensions raise any conflicts of interest with Ashley A. Davis company matters. DiTano began Cartersville, Ga. utilizing a law firm that performed Admitted to Bar in 2003 legal services for the corporation to On May 6, 2013, the Supreme perform work on behalf of himself Court of Georgia suspended attor- and his clients. An employee of the ney Ashley A. Davis (State Bar law firm allegedly altered the law No. 207475) for 30 months with firm’s time records and submit- conditions for reinstatement. Davis ted billings to the corporation for was convicted of unlawful pos- legal work performed on behalf session of methamphetamine, and of DiTano and his clients. DiTano was sentenced as a first offend- approved those billings for pay- er to probation for three years. ment by his employer knowing the Davis expressed remorse, took full work was not performed on behalf responsibility for her actions and of the corporation. is in counseling to deal with difficult issues in her personal life. She Sidney Joe Jones had no prior discipline, cooperated Aiken, S.C. with disciplinary authorities and Admitted to Bar in 2008 no harm was done to any of her On June 3, 2013, the Supreme clients. At the conclusion of her Court of Georgia disbarred attor- 30-month suspension, Davis must ney Sidney Joe Jones (State Bar No. fulfill several conditions, includ- 734128). In 2011, Jones was convict- ing the successful completion of ed of 11 misdemeanors, including her first offender probation and mailings made it appear that the 10 violations of O.C.G.A. § 42-4- certification that she has no mental check had been lost or inadver- 13(e), which prohibits the carrying or emotional health condition that tently omitted. Lang also made the of items for an inmate across the would adversely affect her ability false impression that an overnight guard line at a jail without the to practice law. package had been sent to oppos- knowledge and consent of the jailer. ing counsel. Lang finally tendered Jones smuggled tobacco or tobacco- Eric Charles Lang a check, but it was dishonored for related items to his client on several Atlanta, Ga. insufficient funds. occasions, and smuggled packages Admitted to Bar in 1990 In mitigation of discipline the with unknown contents. The 11th On May 6, 2013, the Supreme Court noted that Lang paid the misdemeanor was for disorderly Court of Georgia accepted the settlement amount and attorney conduct in violation of O.C.G.A. Petition for Voluntary Discipline fees and that he made full restitu- § 16-11-93. Jones was convicted of of attorney Eric Charles Lang (State tion to his client. Lang has been these misdemeanors in the Superior Bar. No. 435515) and suspended under psychiatric care for anxi- Court of Richmond County upon him for 12 months for misappropri- ety for the last 10 years and has his entry of a guilty plea. ation of trust funds. Reinstatement been treated for major depression In mitigation, the special mas- is conditioned upon a showing of and symptoms of bipolar disor- ter found that Jones had no prior fitness to resume the practice of law. der. Aside from the wrongdoing, discipline or criminal history, that Lang was retained to defend a client Lang has a good reputation and he expressed remorse and that he in a lawsuit on a note. The lawsuit has done extensive pro bono work was relatively inexperienced in the was settled in February 2011. Lang’s and has volunteered in his com- practice of law. Jones argued that law firm was experiencing financial munity, both professionally and he acted without a selfish motive, problems and he drew upon the personally. Lang showed remorse that he took responsibility for his funds in his trust account. Lang for his wrongdoing, and offered wrongdoing since initially lying was unable to pay the plaintiff. He apologies to his client, the State to law enforcement, and that he sent transmittal letters to oppos- Bar and the Court. Lang’s misap- had already been punished by his ing counsel purporting to enclose propriation of trust funds was not interim suspension to practice law a settlement check that he did not for his own pleasure, but to pay in South Carolina. In aggravation, enclose. In December, Lang sent the creditors and employees of his the Court found repeated deceit, copies of the letters to counsel, but firm. He now only assists other dishonesty, breaches of trust and again failed to enclose a check. The lawyers with their legal services.

August 2013 65 Lang has arranged to speak to judgment, so Edmondson filed dis- of bringing the motion to compel other lawyers about his wrongdo- covery responses and successfully and for contempt. She also paid ing and the problem of impaired defended the motion. The plaintiff $1,500 to her client and the trustee legal counsel at a continuing legal filed a subsequent motion for sum- on the trustee’s motion to disgorge education seminar. mary judgment, but Edmondson fees. Graham had no prior disci- In aggravation the Court found decided not to file a response. He pline, had no dishonest or selfish not only the misuse of client funds failed to tell the client and did not motive, made full disclosure and by Lang, but also a prolonged effort advise the client to hire other coun- cooperated with the State Bar. to deceive his client, his opposing sel, and did not withdraw from counsel and their client about the representation. The Court awarded Michael René Berlon status of the settlement payment. summary judgment to the oppos- Grayson, Ga. ing party, but Edmondson did Admitted to Bar in 1993 Arjun S. Kapoor not inform his client. The client On May 20, 2013, the Supreme Macon, Ga. received correspondence, which Court of Georgia accepted the Admitted to Bar in 1995 included a notice of garnishment, Petition for Voluntary Discipline of On May 20, 2013, the Supreme from opposing counsel. He fur- attorney Michael René Berlon (State Court of Georgia suspended attor- nished the correspondence to Bar. No. 054822) and imposed a ney Arjun S. Kapoor (State Bar. No. Edmondson but Edmondson failed Review Panel Reprimand. Berlon 407514) for a period of six months. to respond. Eventually, he filed represented a client in regard to After someone made allegations of a traverse to the judgment and child support. The client asked family violence against Kapoor, he offered to represent the client with Berlon to file an action for change learned that the accuser may have no additional fee. of custody but learned that he had been in contact with a local crisis In aggravation of discipline never filed the action when he center. Kapoor wanted to obtain the Court found that Edmondson appeared for a hearing on a child any documents in the center’s pos- had two prior disciplinary mat- support contempt matter. Berlon session relating to the accuser, ters. In mitigation, the Court noted then filed the change of custody but the center refused his request. Edmondson’s remorse, his lack of action. Additionally, Berlon remit- Kapoor returned to the center with a dishonest or selfish motive, and ted $2,500, which he had been a subpoena that he obtained from his full disclosure and cooperation given by the client to a private the court through misleading rep- with the State Bar. He did not cause investigator. The client had a con- resentations. He did not serve the his client financial harm and he tractual dispute with the investiga- subpoena on any other party or acted to rectify his actions. tor and did not authorize the pay- counsel. Kapoor did not advise ment. Berlon and the client agreed the center’s executive director that Review Panel to terminate their relationship, and there was no case pending. The Reprimands the client later dismissed the cus- Court found that Kapoor know- tody action. In mitigation of disci- ingly abused the court process to Johnnie Mae Graham pline Berlon had no prior discipline obtain the upper hand in a per- Albany, Ga. and refunded the $2,500. sonal matter and that he acted with Admitted to Bar in 1981 a dishonest or selfish motive. On May 6, 2013, the Supreme Interim Suspensions Court of Georgia accepted the Under State Bar Disciplinary Rule Public Reprimand Petition for Voluntary Discipline 4-204.3(d), a lawyer who receives a Reed Edmondson Jr. of attorney Johnnie Mae Graham Notice of Investigation and fails to Covington, Ga. (State Bar. No. 304625) and imposed file an adequate response with the Admitted to Bar in 1996 a Review Panel Reprimand. A cli- Investigative Panel may be suspend- On May 6, 2013, the Supreme ent hired Graham to represent him ed from the practice of law until Court of Georgia accepted the regarding claims against an insur- an adequate response is filed. Since Petition for Voluntary Discipline of ance company. Graham did not May 1, 2013, no lawyers have been attorney Reed Edmondson Jr. (State timely file the law suit. Ultimately, suspended for violating this Rule Bar. No. 239914) and imposed a she did not file any pleadings and one has been reinstated. Public Reprimand with several against the insurance company. conditions to be met within six The client also filed for bankrupt- Connie P. Henry is the months. Edmondson was hired by cy. Graham was not prompt in clerk of the State a client to defend a civil suit involv- responding to inquires or a sub- Disciplinary Board and ing the client’s alleged breach of a poena from the bankruptcy trustee. can be reached at home equity loan. At the time he Eventually, she entered into a con- [email protected]. was hired, the plaintiff had filed sent order and paid $2,000 to the suit and had moved for summary trustee’s law firm for the expenses

66 Georgia Bar Journal

Law Practice Management

Creating Your Post- Summer Practice Management Reading List by Natalie R. Kelly

ummer has once again flown by, but in

case you have a few more lazy days await- S ing you, you can take advantage of some of the new arrivals in the State Bar’s Law Practice

Management Resource Library. Bar members, their legal staff and law students can check out up to three titles at a time and keep them for two weeks. Contact

Kim Henry, [email protected] or 404-527-8772; or Pam

Myers, [email protected] or 404-526-8621, for more information on this service.

Here are some of the latest books we’ve received. You can check them out by stopping by our office, call- ing or emailing our staff, or filling out the online check- out form on the Law Practice Management Program page of the State Bar’s website. The Essential Little Book of Great Lawyering just sounds like a must read, doesn’t it? If you think you’ll zoom through the pages of that one, others from the “Little Book” series include: The Little Book of Skiing Law; The Little Book of Boating Law; The Little Book of Movie Law; The Little Book of Cowboy Law; The Little Book of Basketball Law; The Little Book of Space Law; and last, but certainly not least, The Little Book of BBQ Law.

68 Georgia Bar Journal If you are planning a fall law firm check out Facebook in One Hour for can get a quick peek at new titles retreat focusing on internal office Lawyers or Twitter in One Hour for and any special discounts at the procedures, you might have your Lawyers. We also have copies of very bottom of the Law Practice staff read The 2013 Legal Assistant’s LinkedIn in One Hour for Lawyers. Management page. (The easi- Complete Desk Reference: A Handbook Related titles arriving soon include est way to access the LPM page for Paralegals and Assistants. And Blogging in One Hour for Lawyers, is by clicking on the “Attorney if you’re wondering how the new iPad in One Hour for Litigators and Resources” drop down menu on economic climate affects you in a Social Media as Evidence: Cases, the State Bar website and selecting small town, take a peek at Practicing Practice Pointers and Techniques. “Practice Management.”) Law in Small Town America. The aforementioned are newer The Law Practice Management If you’d prefer to work on your titles in the library, but you can Resource Library is one of the mobile lawyering skills as summer always check out our full listing most widely used resources in our winds down, you might find solace online. Additionally, the library department, and we know it will in the pages of iPad in One Hour for includes reference material that continue to be one of the better Lawyers, Android Apps in One Hour can only be viewed in our office: ways that we help members with for Lawyers, iPad Apps in One Hour a running catalog of periodicals, their office management needs. If for Lawyers, The Paperless Law Office DVDs and audiotapes on topics you have ideas about resources to or Google Gmail and Calendar in One specific to law practice. If you don’t add to the library or the program in Hour for Lawyers. And if you admit want to face having to be placed general, please feel free to contact you’re still a little scared about on our waiting list for checkouts, us. Happy reading! having your client information out you can order up many of the titles on the Internet for anyone to see, at a discount. The Law Practice Natalie R. Kelly is the you can check out our new copy of Management Program offers a State director of the State Information Security and Privacy: A Bar of Georgia discount for any of Bar of Georgia’s Law Practical Guide for Global Executives, the ABA publications whether you Practice Management Lawyers and Technologists. are a member of that organization Program and can be For the social media aficionado or not. Use the code PAB5EGAB reached at nataliek@ wannabe’s among you, be sure to for a 15 percent discount. You gabar.org. www.gabar.org the Hardest Working Site on the Web Pay Your Dues  Online Directories  State Bar of Georgia Handbook  Join a Section  Young Lawyers Division  Information and Events  Consumer Pamphlet Series  Check CLE  Vendor Directory  Related Organizations  Fastcase  Cornerstones of Freedom  Conference Center  Public Information  Address Change  Letter of Good Standing  Ethics Make it your Homepage!

August 2013 69 South Georgia Office

Merging Law, Largesse and Aviation Into A Meaningful Career by Bonne Davis Cella

ubbed “Air Marshal and Commander

of Bar Force One” by State Bar Past D President Ken Shigley, Randall H. “Randy” Davis is a Cartersville attorney who volunteers his time, his Beechcraft Duke and his aviation acumen to save State Bar leaders hours of travel time.

Taking the “Duke” from Atlanta to the Henry Tift

Myers Airport 1 in Tifton takes about one halcyon hour above the fray rather than almost three hours of nego- tiating the endless work zones of I-75.

Representing the Cherokee Judicial Circuit, Davis has served on the Board of Governors for five years. He took the seat formerly occupied by State Bar Past President Lester Tate, who is a valued colleague and frequent flyer of Davis’. “Randy is an excellent lawyer and Phoenix Air is for- tunate to have him as their general counsel,” said Tate. “He is a skillful pilot who flew me all over the state during my year as president. More than that, he is an Photos provided by Randy Davis outstanding human being ready to help where there is Davis in the Phoenix Air Gulfstream III cockpit after having landed in a need. He is a kind and generous friend.” Abu Dhabi from Cartersville.

70 Georgia Bar Journal Davis is vice president and general counsel of Phoenix Air Group, Inc., in Cartersville. Phoenix Air is a worldwide provider of special- ized jet aircraft services to government and industry clients.2 His colleagues at Phoenix Air have been great in their support of his State Bar activities. “I am proud to be associated with Phoenix Air and consider it to be one of the best and most unique aviation companies in the country,” Davis said. An active pilot, with more than 15,000 hours of flight time, Davis holds FAA Airline Transport and Flight Instructor Certificates as well as a helicopter rating. He is qualified as an international captain for the Learjet, Citation and Gulfstream aircrafts. He made his first transoceanic flight as a sophomore at Amherst College delivering a small twin-engine aircraft from Boston to London. Prior to joining Phoenix Air, The Phoenix Air Gulfstream III sits at the Gibraltar Airport, with the Rock of Gibraltar as an Davis was a partner with the impressive backdrop, after Randy and crew made a record-breaking seven-hour nonstop flight firm of Neely & Player, focusing from the Cartersville-Bartow County Airport. on aviation defense. He speaks warmly of his former colleagues and worked closely with his senior partner, the late Ned Neely. “Ned was a first class human being and he taught me, early on, how to be a lawyer. I continue to miss him and I still think of him almost every day.” Davis also practiced with David Boone, an Atlanta attorney and pilot. “He is another fine and compassionate lawyer who means a great deal to me.” Aviation plays a significant role within Davis’ family. His father, Lester Davis, built a small airfield on their farm on Long Island, N.Y., in the 1950s and passed on his love of flying to his children— and to their children. Last year, Lester Davis received the Wright Brothers Master Pilot Award for completing more than 50 years of safe flight operations. “Between his children and grandchildren, some of us are flying small propeller planes and some of us are flying jets, but The Phoenix Air Learjet, which Randy flew on 9/11, sitting on the ground at an Air Force base regardless of the type of air- (military C-17 in the background). plane, my father’s profession-

August 2013 71 alism and safety consciousness continues to be an example to all of us,” Davis said. Davis’ brother, Lee C. Davis (Atlanta attorney) enjoys rec- reational and business flying as does their brother Whitney Davis. Lee’s 17-year-old daughter Lane received her FAA Sport Pilot License in a 1946 Piper Cub. Davis’ daughter Bethany learned to fly on her father’s lap. During college breaks she flew as co-pilot with him on many Phoenix Air international missions. After obtaining dual degrees from Georgia Tech (an MBA and a Master’s in Aerospace Engineering), Bethany is a sales engineer with Gulfstream and is married to Savannah attorney, Tyler Love, who is also a private pilot. Davis’ daughter Amelia is an elementary school counselor in North Georgia. “She does a wonderful job helping her students through difficult times in their young lives and works hard to maximize their future potential,” Randy and daughter Bethany on a CDC humanitarian relief mission to Haiti with the Phoenix Davis said. Amelia’s husband, Air Gulfstream III in the background. Dmitri Kouznetsov, is a student pilot and is completing his MBA at Georgia Tech. “My wonderful wife Deborah has been most gracious over the years to put up with my travel schedule, as well as to travel with me when circumstances permit.” Deborah works in disability management for Georgia Power and is a veteran of the “Pinch-Hitter” course that teaches instruction in aircraft control, navigation and radio usage. When asked about some of his more memorable missions with Phoenix Air, Davis cited his flight on 9/11. It is possible that he and his co-pilot were the only civilian pilots in the air on that horrific day. Without hesitation, Davis accepted the duty when Phoenix Air was asked to fly emergency management officials from various locations across the southeast to New York’s Stewart Randy in the back cabin of the Phoenix Air Gulfstream III with his penguin passengers, Air National Guard Base (about somewhere over the Pacific. 60 miles north of Ground Zero).

72 Georgia Bar Journal While the Learjet 35 was prepared tour. He delighted in flying a After that, though, I am happy for takeoff, Phoenix Air obtained Gulfstream III across the Pacific to be back at my desk doing a unique transponder code from with a cargo of penguins. “We lawyer work again. Flying and the North American Defense had to keep the cabin tempera- legal work both require attention Command (NORAD) providing ture below 40 degrees to keep to detail, and it is important to clearance for the special flight. them happy. Their handlers took remain diligent.” “When you’re up in a sophisticat- turns taking care of the penguins While you are having a pro- ed or high performance aircraft, in the back, and then coming up saic day at the office, look out usually you’re told what altitude to the cockpit for a few minutes to the window and you may see and what routing. It’s certainly get warm.” Davis flew rocket and a Phoenix Air Gulfstream or highly unusual to be told ‘any satellite parts to space centers in Learjet bound for exotic plac- altitude, any direction,’” Davis Cape Canaveral, Kazakhstan and es, carrying unusual cargo and said. He covered more than 2,000 Cayenne (French Guyana). He piloted by an accomplished avia- miles between the evening of crewed Phoenix Air’s first three tor, lawyer and humanitarian, Sept. 11 and the early morning of flights through the new Russian Randall H. Davis. the next day delivering emergen- Federation and was able to use cy response teams who worked in his language skills in Russian. Bonne Davis Cella is logistics, counseling and mortu- However, Davis said his most the office administrator ary services. On the way home to rewarding Phoenix Air mis- at the State Bar of Cartersville, he heard the friendly sions are providing Air MedEvac Georgia’s South voice of an Atlanta air traffic con- services to injured U.S. troops Georgia Office in Tifton troller: “There are 20 of us down and flying home other Americans and can be reached at here doing nothing but watching who become ill or injured in you folks return to Cartersville. foreign lands. In the Southeast, [email protected]. She is the Good to have you back.” Of the he donates his time flying indi- author of Fixing the Moon: The experience Davis said: “The desire gent patients and abandoned pets Story of The First Presidential Pilot to take practical and immediate seeking new homes. and Aviation Pioneer Lt. Col. Henry action to help out was strong on While not on missions like Tift Myers. the afternoon of Sept. 11. I am these, Davis, the attorney, stays grateful that our company could busy working in the highly regu- Endnotes do something meaningful on that lated area of aviation law. “I 1. Henry Tift Myers of Tifton was the terrible day.” find that after being in town for first Presidential Pilot. Davis has flown into at least 50 a week or two, working at my 2. To view the services offered at countries and at one point trans- desk and doing legal work, I am Phoenix Air, view their website at www.phoenixair.com. ported a long-deceased Catholic happy to then go off on a flight saint in a sarcophagus on a world mission for one or several days.

August 2013 73 Section News

Sections Present and Receive Awards by Derrick W. Stanley

ections of the State Bar are honored each Three Awards of Achievement were also presented this year. The sections honored were the year by receiving the State Bar Section of Child Protection and Advocacy, Family Law and Military/Veterans Law sections. the Year Award or Awards of Achievement. S Child Protection and Advocacy Section Both of these awards are presented during the Plenary Chaired by Nicki N. Vaughan of Gainesville, the Child Protection and Advocacy Section thrived while Session of the Annual Meeting. This year’s awards completing a long list of projects, quite an accom- plishment for a section that has just finished its were presented by 2012-13 President Robin Frazer first full year. Among its achievements, the section created a day-long program in conjunction with Clark on June 21 on Hilton Head Island, S.C. ICLE which was both well-attended and received. This active section also co-sponsored other pro- The State Bar of Georgia’s Intellectual Property (IP) grams and participated heavily with the Georgia Law Section, chaired by Philip H. Burrus IV of Burrus Legislature. They also created a newsletter, Kids Intellectual Property Law Group in Atlanta, received Matter, and have enriched the content of their the Section of the Year Award. The award honors an web pages at www.gabar.org to provide impor- outstanding section of the State Bar each year for its tant information for practitioners of this specialty members’ dedication and service to their areas of law in law. practice and for devoting significant hours of volunteer effort to the profession. The section dedicated many Family Law Section hours to developing programming for section members Fellow Gainesville practitioner Kelly A. Miles as well as elevating the profile of the section by hosting chaired the Family Law Section during the 2012- federal judges at a gala ceremony and CLE program at 13 Bar year and lead the section down a path that the High Museum. Additionally, the section gave back ultimately yielded an award of achievement. Many to the profession by making several contributions to of the section activities involved bringing together law-related organizations. The IP section also formed a section members from across the state. A series of Philanthropy and Outreach committee to discuss and webinars were created to provide practitioners the create opportunities for the section to donate their time opportunity to learn about specialty topics in 30 to organizations in need. minutes over lunch. These programs were very well

74 Georgia Bar Journal received and were made available to all members, as well as being archived on the section’s webpage. There were also social events to bring the members together to catch up and enjoy each other’s company. Members of the executive committee and section were called upon to assist the obtaining legislation as well as creating legislation of their own to be presented to the Legislature. Special committees were created to meet the needs of section members. New committees included: Technology/Social Media, Diversity, Community Service, Sponsorship, POP (practicing outside the perimeter) and Military and Federal Employees. The section also held the largest Photos by Sarah I. Coole, Jennifer R. Mason and Derrick W. Stanley Family Law Institute in 30 years Section Awards are presented to outstanding sections for their dedication and service to their and completed other CLE pro- areas of practice and for devoting endless hours of volunteer effort to the profession. Nicki grams to ensure the needs of the Vaughan accepts the Award of Achievement on behalf of the Child Protection and Advocacy Family Law practitioners were Law Section, presented by 2012-13 President Robin Frazer Clark. being met. Military/Veterans Law Section

The State Bar of Georgia’s Military/Veterans Law Section, chaired by W. John Camp of Westmoreland Patterson Moseley & Hinson in Warner Robins, also made a major impression this year. Being newly revitalized, many goals were accomplished. The section focused on: continuing an aggressive program to provide for accreditation and training of Georgia attorneys; partnering with the Military Legal Assistance Program (MLAP) and the Atlanta Regional Office of the Veterans Administration; and working with the Veterans Administration to provide legal services to the medi- Sean Ditzel accepts the Award of Achievement on behalf of the Family Law Section from 2012- cal center in Decatur by adopting a 13 President Robin Frazer Clark. Memorandum of Understanding. The section also assisted the Bar tions present their own awards to presented to an individual who in providing information and members, honoring the achieve- has displayed an unerring commit- working on the passage of military- ment of the recipients and repre- ment to the community and to the related legislation. senting a higher level of service for professionalism of the Creditors’ practitioners of law specialties. Rights Section. The 2013 recipient Section Member Awards The Creditors’ Rights Section will be named in October. Sections not only receive awards gives the Morris W. Macey Lifetime The Family Law Section pres- from the State Bar, but several sec- Achievement Award. The award is ents two awards, although not

August 2013 75 award includes: having a career devoted to the practice of family law with substantial and significant contributions to improve and advance the practice of family law in the state of Georgia; recognition by the recipient’s peers as an outstanding lawyer; a record of integrity and fairness; a commitment to assist other members of the Bar and the practice of family law and by taking the practice of family law to a higher level of increased respect- ability and recognition. The 2013 award recipient is Hon. Bensonetta Tipton Lane, judge, Superior Court Atlanta Circuit, Atlanta. The Tradition of Excellence Award is given annually to members of the General Practice and Trial Law Section. Candidates for these prestigious awards should John Camp accepts the Award of Achievement on behalf of the Military/Veterans Law Section meet the following qualifications: from 2012-13 President Robin Frazer Clark. n must be a Georgia resident n have 20 years of outstanding achievement as a trial lawyer, general practitioner or judge n be 50 years or older n have made a significant contri- bution to CLE or Bar activities n have a record of community service; and n have a personal commitment to excellence.

Awards are presented during the Annual Meeting of the Bar during a breakfast ceremony in the following categories: plaintiff, defense, general practice and judicial. The recipients are then honored at a formal reception in the evening. The 2013 recipients are: Eugene “Bo” Chambers Jr., Atlanta (plaintiff); Thomas S. Carlock, Atlanta, (defense); Mary A. Prebula, Duluth, (gen- Hon. Johnny Mason, chair, Judicial Section, presents Gov. Nathan Deal with the Spirit of Justice Award during the section lunch at the Annual Meeting. eral practice); and Hon. William L. McMurray Jr. Atlanta, (judicial). always yearly. The Joseph T. practice as a lawyer and/or a judge. The Judicial Section presented Tuggle Jr. Award and the Jack P. The 2013 award recipient is Barry the following awards at the Annual Turner Award. B. McGough of Warner, Bates, Meeting of the State Bar in June: The Joseph T. Tuggle Jr. Award McGough & McGinnis, Atlanta. is given in recognition of the per- The Jack P. Turner Award rec- n Spirit of Justice Award—Gov. son who the section deems to have ognizes outstanding contributions Nathan Deal most exemplified the aspirational and achievements in the area of n Distinguished Service Award qualities of professionalism in their family law. The criteria for the (posthumously)—Hon. Anne

76 Georgia Bar Journal Workman (accepted on behalf of the family by Bryan Cavan) n Judicial Service Award—Hon. Susan Edlein, State Court of Fulton County n Guest Speaker Award— Jeffrey Davis, director, Judicial Qualifications Commission

The Workers’ Compensation Section presents its Distinguished Service Award at their annual institute. The criteria for the award are that the nominee must: be at least 50 years old; have been working in the workers’ compensation area for 20 years; and have been working for the good of the sys- The Tradition of Excellence awards were presented at the General Practice and Trial Law Section tem in particular and the commu- breakfast held during the Annual Meeting. (Left to right) Section Chair Laura Austin; Thomas nity in general. Recipients of this S. Carlock, Atlanta (defense); Mary A. Prebula, Duluth (general practice); Hon. William L. McMurray Jr. Atlanta (judicial); and Eugene “Bo” Chambers Jr. Atlanta (plaintiff). award read like a Who’s Who of workers’ compensation law. The 2012-13 award recipient is Marvin Earn up to 6 CLE credits for Price, Atlanta. authoring legal articles and Several sections also awarded scholarships to students for having them published. outstanding performance in a Submit articles to: particular area of study in law Bridgette Eckerson school. Additionally, some sec- Georgia Bar Journal tions choose to provide scholar- 104 Marietta St. NW ships to attorneys to attend insti- Suite 100 tutes in exchange for pro bono Atlanta, GA 30303 work, as well as scholarships to Contact [email protected] attend the Gary Christy Memorial for more information Trial Skills Clinic. or visit the Bar’s website, Sections, through the process www.gabar.org. of earning awards, enhance the knowledge and skills of section members by providing programming and events geared to a particular practice area. Once members achieve a stature in the section and become seasoned practitioners, they honor their own by presenting their own awards. Sections thrive Share Ideas! on input from their members, and members benefit from the programs and events created for them. Join a Section Online. To learn more about sections, go to www.gabar.org. Log in to your account at www.gabar.org and select “Join a Section” or simply check Derrick W. Stanley is the section liaison of the box on your dues notice and add the the State Bar of payment to your remittance Georgia and can be reached at derricks@ gabar.org.

August 2013 77 Member Benefits

Keeping Up with Fastcase

by Sheila Baldwin

astcase continually adds tools designed to cases or documents are added that match your terms. The alert is created by clicking on the orange arrow make legal research easy and smart. Legal labeled “Alerts” on the top or the results page right below the “Search Within” arrow (see fig. 1). A dialog research can be time consuming so anything box will open up that provides direction on how to set F up and manage your alerts (see fig. 3). that makes the process more efficient is welcome. To Annotated Statutes make sure you’re aware of the latest improvements, Annotated statutes are a great way to shed more light on how courts have interpreted a code section. To Fastcase provides a blog and a news section at www. view the annotated Code, simply search and view any section. All citing cases are listed at the bottom of each fastcase.com, located at the bottom of the page. An section. Unlike other online annotated codes, Fastcase allows you to sort the annotations by case name, deci- easier option is to register for the Fastcase newsletter sion date and number of times a case has been cited (see fig. 4). and receive information on new developments in law Hein and Fastcase Announce and technology, as well as specific Fastcase news and Publishing Partnership features sent directly to your email. If you are inquisitive and read the news items on the Fastcase website you will be aware of a new partner- Since the June column I wrote for the Journal covered ship with legal publisher William S. Hein & Co., that new features from Fastcase, with Bad Law Bot taking will enhance member research. Beginning this fall, the spotlight, the designers have rolled out a whole Fastcase will integrate HeinOnline’s extensive law new collection. Power users may already be aware of review and historical state statute collection into search the features that are covered in this article, but for those results in the Fastcase research application. The Hein of you that don’t, try these tips and tools in your next collection will include more than 1,800 law reviews research project. back to their first volumes, and represents the first secondary material to be integrated into the Fastcase legal Search Within research service. Observant Fastcase users may have noticed the Each month members can sign up for live Fastcase orange arrow labeled “Search Within” at the top of the CLE classes held at the State Bar or register for one of results page (see fig. 1). Click on the arrow and you will the webinars hosted by Fastcase, also with CLE credit. be returned to the query box where you can add text Just check the calendar at www.gabar.org for the and rerun your search (see fig. 2). This feature allows schedule. Contact [email protected] or 404-526-8618 you to search within your case law results in order to for Fastcase help. narrow them down. Sheila Baldwin is the member benefits Alerts coordinator of the State Bar of Georgia Some users have made use of the alerts available in and can be reached at [email protected]. Google Scholar and have wished that Fastcase had the same feature; now they do. This device will track your search terms and send you an email alert when new

78 Georgia Bar Journal 1 2

3 4

Fastcase training classes are offered four times a month at the State Bar of Georgia in Atlanta for Bar members and their staff. Training is available at other locations and in various formats and will be listed on the calendar at www.gabar.org. Please call 404-526-8618 to request onsite classes for local and specialty bar associations. Writing Matters

Disarming Your Opponent: Effective Use of Adverse Authority by Karen J. Sneddon and David Hricik

his installment of “Writing Matters” exam- this past spring,5 a federal judge ordered lawyers to attend 10 additional hours of ethics CLE for misunder- ines the disclosure of adverse legal author- standing this duty. The lawyer argued that a duty to disclose controlling adverse authority would chill zeal- ity to tribunals. We briefly examine the ous advocacy. The court called this view of a lawyer’s T professional obligations “sadly skewed.”6 ethical duty that lawyers owe to tribunals to disclose That view is sadly skewed: lawyers have a clear obligation to disclose controlling adverse legal author- adverse legal authority before explaining why effec- ity. Just as a rule prohibiting frivolous filings “chills” zealous representation, so too does a rule requiring tive advocates do far more than disclose controlling disclosure of adverse legal authority. The rules balance competing interests. legal authority. Instead, they use their opponents’ best But we believe lawyers often should disclose and distinguish even persuasive adverse authority and weapons against them. do so in an opening brief, before the authority is addressed by the opposing party. The practical benefits The duty to conduct reasonable inquiry into the of doing so are clear. laws and fact to avoid frivolous filings arises from First, competent opposing counsel is likely to find Rule 11 of the Federal Rules of Civil Procedure, state the adverse authority anyway. So, the cases will be analogs to that rule, ethical principles and state sub- before the judge. The real issue is which party gets to stantive law precluding frivolous legal proceedings.1 address the cases first, the movant or the respondent. In the course of this due diligence, lawyers may learn By addressing the authority in an opening brief, the of adverse legal authority. As part of their duty of lawyer can characterize the facts and results of the candor, lawyers must disclose controlling adverse cases in a manner favoring his or her client. legal authority to a tribunal.2 For example, suppose the legal principle is that an Of course, with rare exceptions,3 even controlling arbitration clause that is “inconspicuous” is unen- authority can be distinguished. The test for whether forceable. The lawyer’s position is that the clause was a case is “controlling enough” so that it must be dis- inconspicuous. Suppose that courts rely upon a vari- closed is sometimes stated as whether a reasonable ety of factors—including font size, location, whether judge would feel misled by the implied representa- the type is bold, sophistication of the consumer—in tion that the lawyer knew of no adverse authority.4 determining whether the clause was conspicuous. While of uncertain breadth, this narrow duty has There likely will be no “controlling” adverse author- some purchase. For example, in a federal case from ity given the fact-intensive nature of this analysis:

80 Georgia Bar Journal each contract will be different. Yet, the opening brief could in a foot- note distinguish the adverse cases, hypothetically as follows:

Of course, under different facts than presented here, courts have found arbitration claus- es conspicuous. E.g., White v. White, 483 S.E.2d 187, 189 (Ga. 2000) (clause was in bold and on first page); Fring v. Goldman, 482 S.E.2d 187, 188 (Ga. 1999) (clause was in larger font than the rest of the contract, and on the signature page); Schrader v. Pinkman, 481 S.E.2d 187, 189 (Ga. 1998) (clause was highlighted in light blue).

This approach takes away the respondent’s weapons. A defense- David Hricik is between Rule 11, other state less opponent is a good opponent. currently on leave from substantive rules, and ethical The second benefit in addressing Mercer University rules). authority in this fashion is pragmat- 3. The entire opinion in Denny v. ic. Court rules often severely limit School of Law, serving Radar Indus., Inc., 184 N.W.2d 289 the length of reply briefs. There as law clerk to Chief (Ct. App. Mich. 1971) is: may simply be limited space to Judge Randall R. Rader The appellant has attempted to devote to re-characterizing a case. of the U.S. Court of Appeals for distinguish the factual situation There are other benefits too. In the Federal Circuit during 2012-13. in this case from [a prior case]. He didn’t. We couldn’t. our experience, decision-makers He will return to Mercer in 2013. give credence to lawyers who cite Affirmed. Costs to appellee. The legal writing program at 4. Tyler v. State, 47 P.3d 1095, and address not just controlling, Mercer University continues to be 11004–05 (Alaska 2001) (discussing but merely persuasive, adverse recognized as one of the nation’s various formulations). authority. On closely fought issues, top legal writing programs. 5. Arch Ins. Co. v. Carol & Dave’s or in deciding questions where Roadhouse, Inc., 2013 WL 1900953 judicial discretion exists, credibil- Endnotes (W.D. Pa. May 7, 2013). See Lamkin ity counts. Further, judges want to v. Morinda Props. Weight Parcel LLC, 1. See Ga. R. Prof. Conduct 3.1(b) get things right, and they and their (prohibiting a lawyer from 2012 WL 2913257, *2 n.15 (D. Utah law clerks are busy. Citing persua- knowingly advancing a claim or July 16, 2012) (noting that a lawyer sive adverse authority can make a defense unless it can at least “be would have found controlling difference on the merits. supported by good faith argument adverse authority had he spent a In sum, effective legal writ- for an extension, modification or “few minutes” Shepardizing the case the lawyer did cite to the court); ers will seldom focus on whether reversal of existing law”). Stewart v. JPMorgan Chase Bank, authority is “controlling enough” 2. Ga. R. Prof. Conduct 3.3(a) (prohibiting a lawyer from N.A., 473 B.R. 612, 740 (Bankr. W.D. to necessitate disclosure. Instead, Pa. 2012) (Court cautioned counsel effective advocates know that knowingly failing “to disclose to the tribunal legal authority in the to be “more candid in the future or the best approach to adverse controlling jurisdiction known to sanctions may be imposed.”); State v. authority is to seize the author- the lawyer to be directly adverse McNeil, 2012 WL 1337365, *7 n.3 (Ct. ity and use the authority against to the position of the client and not App. N.C. Apr. 17, 2012) (reminding their opponent. disclosed by opposing counsel”). counsel of duty to disclose adverse See generally, Daisy Hurst Floyd, authority); Former Employees of Karen J. Sneddon is Candor Versus Advocacy: Courts’ Use Chevron Prods. Co. v. U.S. Sec. of of Sanctions to Enforce the Duty of Labor, 245 F. Supp.2d 1312, 1281 n.7 an associate professor (U.S. Ct. Int’l. Tr. 2002) (explaining Candor Toward the Tribunal, 29 Ga. of law at Mercer continuing nature of this duty); Ga. L. Rev. 1035 (1995); Tyler v. State, University School of 47 P.3d 1095, 1100–02 (Alaska R. Prof. Conduct 3.3(b) (same). Law. 2001) (explaining interrelationship 6. Arch Ins., 2013 WL 1900953 at *4.

August 2013 81 Professionalism Page

Making the Mark: Fitness, Character and Integrity for Admission to the Bar by Rebecca S. Mick

Following is an update on the process and considerations of fitness, character and integrity required for persons to be admitted to the Bar in Georgia. The article aptly sets forth the current process and requirements of the Board to Determine Fitness and is important information for Georgia’s bench and bar.

e all know that lawyers must pass a

bar examination in order to practice W law. However, future lawyers must first be certified as ‘fit’ to even sit for the bar examination. The responsibility of ensuring that all who practice law are both morally fit and competent rests with two separate boards residing in the Office of Bar

Admissions. The Board of Bar Examiners deals with competence, and the Board to Determine Fitness of Bar

Applicants has the daunting task of ensuring that each bar applicant is morally fit and possesses the requisite character and integrity to practice law. The Fitness Application Process

The Board to Determine Fitness was established in 1977 by the Supreme Court. The Board processes between 1,800 and 2,000 fitness applications each year. In most cases, the applicant fills out a fitness application which requests personal information including but not limited to financial, legal, employment, mental health Information is verified by the application analysts in and criminal background pertaining to the applicant. the Office of Bar Admissions, and inquiries are sent

82 Georgia Bar Journal to personal references, employers The Hearing Process Chief Justice’s and other individuals familiar with If the applicant requests a hear- the applicant.1 In reviewing all of ing, the Board makes the ini- Commission this information, the Board focuses tial presentation of the reasons primarily on candor, fiscal matters, for a tentative denial by issuing on Professionalism compliance with court orders, crim- Specifications. The applicant files inal activity, alcohol and drug abuse an Answer to the Specifications. is 25 Years Old and mental and emotional stability. The burden is on the applicant at by Avarita L. Hanson Applicants must be completely all times to prove that he possesses The 2013-14 Bar year marks candid in filling out the application the requisite moral fitness required the 25th anniversary of the 5 and answering follow up question for certification. Chief Justice’s Commission on with the Board. While the applica- These determinations require the tion asks for sensitive information, Board to examine an applicant’s Professionalism (the Commission). the Board’s files are completely “innermost feelings and personal We thank Chief Justice Carol confidential and not subject to views on those aspects of morality, W. Hunstein for her wise and public disclosure.2 The Board may attention to duty, forthrightness committed leadership in chairing the make additional inquiry into areas and self-restraint which are usually Commission from 2009 to 2013. of concern including, but not limit- associated with good character.”6 We expect the leadership of Justice ed to, unlawful conduct, academic The Board’s primary responsibil- Hugh Thompson, who assumes the misconduct, any act involving dis- ity is to the public to see that those Commission’s chair on Aug. 15, will honesty, fraud or deceit, abuse of who are admitted to practice are the legal process, neglect of finan- ethically cognizant and mature be as impactful and meaningful. cial or other legal obligations, vio- individuals who have the charac- Plans are underway to celebrate lation of a court order, evidence ter to withstand the temptations the Commission’s anniversary in of drug or alcohol dependency, which are placed before them as several ways with events for the disciplinary action in another juris- they handle other people’s money bench, bar, law schools and the diction against any professional and affairs. This is to protect the public. We will take a look at 25 license and denial of fitness to sit public as the bar holds lawyers out for the bar in another jurisdiction. as worthy of trust and confidence. years of professionalism and what If the Board has concerns regard- If the Board is not “reasonably con- that means today to Georgia’s legal ing an applicant’s fitness that are vinced” that the applicant could and greater community. not resolved via correspondence, not handle such temptations, the This is also the year of the 15th the applicant may be called in for Board may deny him certification anniversary of the Justice Robert an informal conference with the for fitness.7 Benham Awards for Community Board.3 The informal conference The Supreme Court has held: is a discussion that is recorded Service, the presentation of which but does not rise to the level of [B]ecause the Board’s and this will take place Feb. 25, 2014, at a formal proceeding. The Board Court’s primary concern in the Bar Center. We will honor our will ask questions of the appli- admitting persons to the prac- colleagues who share their time cant regarding the areas of concern. tice of law is the protection of and talents in public and community An applicant may bring counsel the public, any doubts must be service. Information is available to the conference, but the appli- resolved against the applicant at www.gabar.org/aboutthebar/ cant must answer the Board’s ques- and in favor of protecting the lawrelatedorganizations/cjcp. tions directly not through his or public.8 her attorney. The Board averages Nominations are due Nov. 22. between 35 and 40 conferences per If the applicant requests a hear- The Commission presents its year out of the applications filed. ing, the hearing officer shall not other signature program in August, On average, six to eight applicants be strictly bound to observe the the Law School Orientations on are issued a tentative denial of rules of evidence but shall consider Professionalism, at all six Georgia certification of fitness. There are all evidence deemed relevant to no “conditional” admissions made the proceedings.9 After hearing the law schools in collaboration with in Georgia. An applicant may be evidence, the hearing officer makes the State Bar’s Committee on either certified or denied. If the findings of fact and recommenda- Professionalism. This program Board issues a tentative denial, the tions to the Board. This recom- engages entering law students applicant may request a formal mendation is not binding upon in a facilitated discussion of evidentiary hearing before an inde- the Board or the Supreme Court of professionalism scenarios to prepare pendent hearing officer selected by Georgia. In fact, no other previous them to make good ethical and 4 the Supreme Court. findings or recommendations on professional decisions in law school and practice. August 2013 83 the ultimate issue are binding on misleading answers to the Board lated incident showing a lapse of the Board or the Supreme Court, during the application process is judgment but did not show a pat- including those made by a law grounds for denial of certifica- tern of dishonest conduct or that school or the Judicial Qualifications tion in itself. The rule to follow is, Spence was fiscally irresponsible. Commission.10 The Supreme Court “when in doubt—disclose” or at The Court reversed the Board’s of Georgia will uphold any final the very least contact the Office of denial and certified Spence to sit decision of the Board if there is any Bar Admissions for clarification.14 for the bar examination. evidence to support it. However, In recent years, a number of the ultimate decision always rests applicants have been found to have Proper Conduct in Court with the Supreme Court.11 been less than candid on their appli- The Board takes abuse and dis- cations to law school regarding respect of the legal process very Grounds for Denial past unethical or criminal behavior. seriously. Applicants have been of Certification This may also be grounds for a denied for filing frivolous com- denial of certification if the omis- plaints, making threatening com- Applicants have been denied sion is not corrected promptly and ments to attorneys and judges or certification of fitness based on six a credible, reasonable explanation others involved in their cases and general categories of behavior. is not proffered as to the original sending disrespectful emails using non-disclosure.15 profanity to those involved in a n Candor, in all aspects including court action.18 An extreme example the application process; Fiscal Responsibility and is In re: Richard Barrett where an n Fiscal responsibly, including Compliance with Court applicant licensed to practice law in repayment of student loans and Orders another state appeared pro hoc vice compliance with court orders; Neglect of financial obligations before the Northern District. The n Proper conduct in court; and other legal obligations are also trial judge held that the applicant n Alcohol and substance abuse; common grounds for denial. This attempted to perpetrate a fraud n Mental or emotional instability; includes defaulting on student upon the court by attempting to n Unlawful/criminal conduct, loans, credit card bills and other present a false appearance of com- including juvenile and other financial obligations. The Supreme petency for a witness to testify.19 matters discharged without an Court has emphasized the impor- This conduct before the Northern adjudication of guilt. tance of demonstrating stability in District alone justified denial of cer- meeting financial obligations in a tification. In another case, the court Candor number of cases.16 Defaulted stu- found that the applicant was prop- The No. 1 reason for denial of dent loans and failure to pay child erly denied certification as appli- applicants nationally is lack of can- support are of particular concern to cant’s conduct during his worker’s dor or a pattern of dishonesty. the Board. compensation cases was “inappro- The hallmark of a person of trust However, the Supreme Court priate, threatening and an abuse of and character who is fit to practice of Georgia has made it clear the legal process” which included law is honesty in every situation. that one isolated incident does filing frivolous complaints.20 Applicants with a record show- not amount to a showing of fis- The Supreme Court has also ing a lack of candor, trustworthi- cal responsibility. In the Matter of upheld the Board’s decision where ness, diligence or reliability may Harold Wayne Spence, the Supreme an applicant was intoxicated and not be certified. Lack of candor Court reversed the Board’s deci- insubordinate during an unpaid encompasses a plethora of behav- sion for denial.17 Spence had internship. While this applicant ior including but not limited to, been disbarred and accumulated had other troubling factors, part of providing false or misleading a number of debts. He worked the denial was based on the appli- answers in making application, several jobs to repay his debts cant’s conduct at his internship in committing fraud or deceit on any and then applied for readmission. refusing to sit by the senior attor- court, abusing the legal process, The Board revoked his certifica- ney in court, leaving the courtroom unscrupulous business practices, tion for failure to make payment without permission and sending and academic misconduct includ- on his law school loans for several insulting emails to the senior attor- ing plagiarism.12 Keep in mind months. Spence explained that he ney which contained profanity.21 that even if the applicant’s law had stopped making payments for This is not to say that being school or employer makes findings a period of months in order to incompetent during a court pro- that the applicant did not commit fund his daughter’s study abroad ceeding (prior to being a licensed fraud, deceit or plagiarism, these program. Spence admitted that it attorney) is a basis for denial. findings have no bearing on the was a lapse of judgment and paid The Supreme Court reversed the decision of the Board as to these off his student loans. The Supreme Board’s decision to deny an appli- matters.13 Giving false, evasive and Court held that this was an iso- cant based on her actions during the

84 Georgia Bar Journal prosecution of her traffic charge. The applicant had represented her- self during her first year of law school. The applicant demonstrated a total lack of understanding of the judicial process. Furthermore, the applicant had stated to the Board that she believed the police officers lied during her trial and that the district attorney and judge knew it, resulting in a great miscarriage of justice. The Supreme Court found that the applicant’s statements and beliefs go to her competence to try a case rather than her character and fitness. It should be noted that the The Board encourages any appli- even someone with a criminal Board found no dishonesty on the cant to obtain such treatment if background may carry the burden part of the applicant, only a mis- the treatment will be helpful to the of demonstrating fitness through guided understanding of the law.22 applicant. Only where an applicant showing “rehabilitation,” as dis- has serious mental or emotional cussed below, by clear and con- Alcohol and Substance Abuse health issues will the Board convincing evidence. Chemical dependency or abuse duct an in-depth inquiry in order is an area of particular concern for to ensure that those issues will not Rehabilitation the Board due to the potential to impact the ability of an applicant to Rehabilitation is defined by the impact one’s ability to practice law meet the moral fitness standards of Supreme Court of Georgia, as “the if left untreated. The Board strong- practicing law. re-establishment of the reputation ly encourages any applicant who of a person by his or her restora- has an issue with drugs or alcohol Unlawful or Criminal Conduct tion to a useful and constructive to get the counseling and treatment Unlawful or criminal conduct is place in society.”25 The Supreme needed as soon as possible. The of paramount concern to the Board Court of Georgia has further added Board also has the option of requir- but may not necessarily result in that merely showing that one has ing an applicant to obtain a drug or an automatic denial of certification. complied with his obligations and alcohol evaluation from a licensed However, the Supreme Court has not been into further trouble is psychiatrist recommended by the held that where an applicant has not proof of rehabilitation.26 The Board. The Board understands a criminal background, he must applicant must take full responsi- that other types of misconduct can prove “full and complete rehabili- bility for any past bad conduct, and arise from chemical dependency tation by clear and convincing evi- show by positive action that he has and truly focuses on the appli- dence.”23 The Board may consider restored himself to a useful place cant’s recognition and acceptance all unlawful acts committed by in the community. This is usually of responsibility for any problem, the applicant. There is no require- shown through one’s “occupation, obtaining proper treatment, and, as ment that the act resulted in a con- religion or community service.”27 discussed in depth below, showing viction. This includes any arrests The very important first step rehabilitation if relevant, from any and actions adjudicated without is for the applicant to fully accept past misconduct associated with a guilt pursuant to the Georgia First responsibility for his or her con- drug or alcohol problem. Offender Act.24 duct and show understanding and Where the applicant has a felo- remorse. Simply admitting the Mental or Emotional ny conviction, the Board expects conduct happened is not enough. Instability that the applicant will apply The Court upheld the Board’s Emotional and mental health are for a pardon prior to filing his final decision denying an appli- issues where the Board must make application for fitness. Conduct cant where the applicant admitted inquiry. The Board understands that involves theft, fraud, deceit that he turned in a wholly plagia- that law school and life in general or unscrupulous business prac- rized paper during law school but can be stressful and may result in tices raises a presumption that “was either unwilling or unable to an applicant seeking counseling or the applicant does not posses the admit that he deliberately” plagia- other treatment. This treatment is fiduciary responsibility necessary rized and was not able to offer any not necessarily viewed as evidence to meet moral fitness. However, credible explanation.28 Similarly, of a mental or emotional problem. depending on the facts of the case, in the matter of Terry Glenn Lee, the

August 2013 85 applicant pled guilty to six counts Character and Fitness Endnotes of the unauthorized practice of law is Ultimately Based on 1. Rules Governing Admission to the but continually tried to minimize Practice of Law, Part A, Sec. 6. or justify his “technical” violations One’s Choices 2. Rules Governing Admission to the of the law to the Board.29 Lee also In the popular Harry Potter Practice of Law, Part F, Sec. 4 (b). 3. Rules Governing Admission to the showed no remorse for his con- series of fantasy novels, author J.K. Practice of Law, Part A, Sec. 7. duct in his refusal to assume full Rowling uses her characters and 4. Rules Governing Admission to the responsibility for it. stories to teach basic moral val- Practice of Law, Part A, Sec. 8. The second step is providing ues. In one instance, Harry asks 5. In re Beasley, 243, Ga. 134 (1979). evidence of community service Prof. Dumbledore what is the dif- 6. In re Lubonovic, 248 Ga. 243, in order to restore the applicant’s ference between himself and the 246(1981). reputation in the community. The villain of the series since they both 7. In re Lubonovic, 248 Ga. 243, Board has found rehabilitation possess the same powerful talents 245(1981). where an applicant involved him- and abilities. The very wise head- 8. In re Cook, 284 Ga. 575, 576 (2008). self in various civic, youth and master answers “it is our choices, 9. Rules Governing Admission to the religious activities and associa- Harry, that show what we truly Practice of Law, Part A, Sec. 8 (c). 10. Rules Governing Admission to tions that serve the community. are, far more than our abilities.”— the Practice of Law, Part A, Sec. Some examples are applicants J.K. Rowling, Harry Potter and the 8 (c); In re K.S.L., 269 Ga. 51, 52 who are heavily involved in vari- Chamber of Secrets (1998); In re Jenkins, 278 Ga. 529 ous civic and youth groups, per- The Board to Determine Fitness (2004). forming more than 1,400 hours of takes an in-depth look at all choices 11. In re Spence, 275 Ga. 202 (2002). service at homeless shelters and made both past and present by 12. In re Payne 2011 Ga. LEXIS 656 (Ga. religious nonprofit organizations, applicants in defining an appli- Sept. 12, 2011); re Cook, 284 Ga. including taking a leadership cant’s current character and fitness. 575(2008); In the Matter of White, role in some of those activities.30 As case law on character, integ- 283, Ga. 74 (2008); In re: K.S.L., 269 However, self-serving activities rity and moral fitness continues to Ga. 51 (1998); In re: R.M.C., 272 Ga. will not count toward rehabili- evolve, one thing remains certain, 99 (2000); In re: J.W.N., 266 Ga. 58 (1995). tation such as legal externships honesty and responsibility will 13. In re Jenkins, 278 Ga. 529 (2004); In where the applicant receives law almost invariably carry the day. re K.S. L., 269 Ga. 51 (1998). 31 school credit. 14. In re Payne 2011 Ga. LEXIS 656 (Ga. Rehabilitation is the most critical Rebecca Mick is a Sept. 12, 2011). element that the Board considers senior assistant 15. In re Payne 2011 Ga. LEXIS 656 (Ga. when making a determination as attorney general in the Sept. 12, 2011). to whether past misconduct should Education, Elections 16. In re C.R.W., 267 Ga. 534 (1997); In re Johnson, 259 Ga. 509 (1989); In re be the basis for a denial of certifica- and Government tion. The Board will certify those Adams, 273 Ga. 333(2001). section. She has acted applicants with current good char- 17. In re Spence, 275 Ga. 202 (2002). as lead counsel in more than 300 acter and fitness. 18. In re Yunker, 2011 Ga. Lexis 662 administrative hearings, handled (Ga. Sept. 12, 2011), In re D.K.M., The Supreme Court litigation and advice for clients 271 Ga. 473 (1999). including the Professional 19. In re Barrett, 260 Ga. 903 (1991). Once the Board issues a final 20. In re D.K.M., 271 Ga. 473 (1999). denial of certification, the appli- Standards Commission (teacher 21. In re Yunker, 2011 Ga. Lexis 662 cant may choose to appeal it to the licensing), the Board of Regents (Ga. Sept. 12, 2011). Supreme Court. As stated above, of the University System of 22. In re Ringstaff, 288 Ga. 21(2011). the Supreme Court will uphold a Georgia, the Secretary of State 23. In re Cason, 249 Ga. 806 (1982); In re final decision if there is any evi- Elections Division, the Nonpublic J.W.N., 266 Ga. 58 (1995). 24. In re Lee, 275 Ga. 763 (2002). dence to support it, but the ulti- Post-secondary Education 25. In re Cason, 249 Ga. 806, 808 (1982). mate decision always rests with Commission and the Board to the Court. While all applicant files 26. In re Lee, 275 Ga. 763, 764 (2002). Determine Fitness of Bar 27. In re Cason, 249 Ga. 806, 808 (1982). on appeal are sealed, the Supreme Applicants. Mick earned her 28. In re White, 283 Ga. 74, 75 (2008). Court will use the full name of the 29. In re Lee, 275 Ga. 763, 765 (2002). applicant in published opinions bachelor’s degree from Bowling Green State University in Ohio 30. In re Friedberg, 286 Ga. 472 (2010); “because public access to the deci- In re Calhoun, 286 Ga. 417 (2010), sions of this Court is essential to and her J.D. from the University 31. In re Payne 2011 Ga. LEXIS 656 (Ga. our role in establishing and inter- of Georgia School of Law. Mick Sept. 12, 2011). preting the law.”32 The applicant’s has been with the Attorney 32. In re Johnson, 272 Ga. 444 (2000). file remains confidential.33 General’s Office since 1991. 33. Rules Governing Admission to the Practice of Law, Part F, Sec. 4 (b).

86 Georgia Bar Journal Georgia Authors Contribute to an Innovative, Practical, New Professionalism Book from the ABA: “Essential Qualities of the Professional Lawyer”

This summer, 2. The Authentic Lawyer: Merging the Personal and the American Bar the Professional—Prof. Daisy Hurst Floyd Association releases an 3. Civility as the Core of Professionalism—Jayne R. innovative, timely and Reardon important new book on 4. The Practical Case for Civility—Peter R. Jarvis professional formation and Katie M. Lachter and development: 5. Successful Lawyer Skills and Behaviors—Prof. “Essential Qualities William D. Henderson of the Professional 6. Inclusive Thinking: Essential Professional Value/ Lawyer.” This resource Powerful Professional Advantage—Dr. Arin N. rich book is intended Reeves to support, guide and 7. Women in the Law: Overcoming Obstacles, equip law students and Achieving Fulfillment—Roberta D. Liebenberg new lawyers on the 8. Mastering the Craft of Lawyering—Mark A. path to professional Dubois formation and a career of service. It addresses 9. Diligence—Prof. Daisy Hurst Floyd and Paul A. the widely recognized need for practice-focused Haskins professionalism teaching resources, and demonstrates 10. Honesty, Integrity and Loyalty—Mark A. Dubois ways in which truly professional conduct contributes 11. Navigating the Character and Fitness Process— to professional standing and a rewarding career. Patricia A. Sexton 12. Reputation—Avarita L. Hanson William Sullivan writes in the Foreword, “This is 13. Finding and Getting the Most out of a Mentor— a moment when lawyers, especially new lawyers Lori L. Keating and Michael P. Maslanka and law students, need resilience. This book speaks 14. Handling Money—Martha Middleton directly to that need in a useful and eminently wise 15. eProfessionalism—Stephanie L. Kimbro way. The authors provide tools and concepts that 16. Pro Bono and Public Service—Prof. Anthony C. can successfully guide beginners in the law through Musto an increasingly uncertain and challenging career 17. Health and Wellness—Frederic S. Ury and landscape.” Sullivan co-authored the groundbreaking Deborah M. Garskof 2007 Carnegie Foundation report on legal education. 18. Mindfulness and Professionalism—Jan L. Jacobowitz Two of the authors are Georgia-based, Mercer 19. The Importance of Personal Organization—Kelly Law School’s University Professor of Law and Ethical Lynn Anders Formation, Daisy Hurst Floyd and executive director 20. Globalization and Professionalism—Prof. Robert of the Chief Justice’s Commission on Professionalism, E. Lutz Avarita L. Hanson. Essential Qualities of the A publication of the ABA Center for Professional Professional Lawyer will enrich law school Responsibility and produced by the ABA Standing professionalism courses, mentoring programs for Committee on Professionalism, the book may be new lawyers and law students, and professionalism ordered on the ABA webstore page. There is special training programs, as a primary or supplemental pricing for law school classes, bulk orders and resource. Chapter titles and authors are: members of the Law Student Division and the Young 1. The Qualities of the Professional Lawyer—Prof. Lawyers Division. Please explore the book and Neil W. Hamilton spread the word.

August 2013 87 In Memoriam

n Memoriam honors those members of the State Bar of Georgia who have passed away. As we reflect upon the memory of these members, we are mindful of the contributions they I made to the Bar. Each generation of lawyers is indebted to the one that precedes it. Each of us is the recipient of the benefits of the learning, dedication, zeal and standard of professional responsibility that those who have gone before us have contributed to the practice of law. We are saddened that they are no longer in our midst, but privileged to have known them and to have shared their friendship over the years.

Hakim Farid Abdul-Rashid Francis J. Blanchfield Jr. Larry Allen Grose Dallas, Texas Charlotte, N.C. Clarkston, Ga. Atlanta Law School (1994) New York University School Ohio State University Moritz Admitted 1995 of Law (1970) College of Law (1970) Died August 2012 Admitted 1976 Admitted 1973 Died May 2013 Died May 2013 O. Hale Almand Jr. Macon, Ga. John L. Choate Robert A. Harper Jr. Mercer University Walter F. Atlanta, Ga. Tallahassee, Fla. George School of Law (1970) University of South Carolina University of Florida Levin Admitted 1970 School of Law (1974) College of Law (1970) Died July 2013 Admitted 1994 Admitted 1988 Died June 2013 Died April 2013 James Lewis Alston Atlanta, Ga. Doris M. Clanton John C. Ingram Jr. Emory University School of Law Atlanta, Ga. Springfield, Ga. (1939) Ohio State University Moritz University of Georgia School Admitted 1939 College of Law (1990) of Law (1951) Died July 2013 Admitted 1990 Admitted 1950 Died June 2013 Died July 2013 Susan J. Aramony Fort Lauderdale, Fla. Robert M. Couch Keven Kurtis Kenison Emory University School of Law Atlanta, Ga. Greenville, S.C. (1981) Woodrow Wilson College of Law Ohio State University Moritz Admitted 1981 (1979) College of Law (1992) Died April 2013 Admitted 1979 Admitted 1996 Died May 2013 Died May 2013 H. Samuel Atkins Jr. Augusta, Ga. Alfred J. Davies Reid W. Kennedy University of Georgia School Alpharetta, Ga. Marietta, Ga. of Law (1969) Atlanta Law School (1984) Drake University Law School Admitted 1969 Admitted 1985 (1946) Died July 2013 Died June 2013 Admitted 1974 Died April 2013 W. Hale Barrett Lee R. Grogan Augusta, Ga. Columbus, Ga. H. Lamar Knight University of Georgia School Mercer University Walter F. Carrollton, Ga. of Law (1955) George School of Law (1955) University of Georgia School Admitted 1954 Admitted 1954 of Law (1949) Died May 2013 Died July 2013 Admitted 1949 Died May 2013

88 Georgia Bar Journal Donald E. Manning Saint Simons Island, Ga. Atlanta’s John Marshall Law School (1978) Admitted 1978 Died January 2013

James Wilbur McAllister Jr. ATTORNEY COACHES Atlanta, Ga. University of Georgia School ARE NEEDED FOR of Law (1988) Admitted 1988 HIGH SCHOOL TEAMS Died January 2013

James Boyd Page THROUGHOUT Atlanta, Ga. University of Virginia School GEORGIA of Law (1973) Admitted 1973 Serve as a mentor to a team in Died June 2013 your area and make a positive Griffith Fontaine Pitcher Smyrna, Ga. impact in your community. University of Virginia School of Law (1963) Admitted 1996 CLE credit is available for coaching Died April 2013 a mock trial team! Shirley A. Ransom For more information on coaching a team, contact Roswell, Ga. University of Michigan Law School the mock trial office before September 30 at 404- (1979) 527-8779 or toll free 800-334-6865 ext. 779 Admitted 1984 or Died June 2013 [email protected] | www.georgiamocktrial.org

Jeffrey Charles Renz Volunteer forms and a list of teams statewide Atlanta, Ga. who are in need of coaching assistance may be Samford University Cumberland School of Law (1989) found under the Volunteer section of the mock Admitted 1990 trial website. Died June 2013

William M. Towson Dublin, Ga. University of Georgia School of Law (1949) Admitted 1949 Died June 2013

Roy D. Tritt Augusta, Ga. University of Georgia School of Law (1974) Admitted 1974 Died July 2013

August 2013 MT_Aug13.indd 1 7/25/2013 89 1:59:45 PM CLE Calendar

August - September SEPT 6 ICLE AUG 9 ICLE Class Action Arbitration Institute Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE SEPT 12 ICLE AUG 15 ICLE Advanced Topics in Guardianships Solo and Small Firm Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE SEPT 12-13 ICLE AUG 20 ICLE City & County Attorneys Institute Group Mentoring Athens, Ga. Atlanta, Savannah and Tifton, Ga. See www.iclega.org for location See www.iclega.org for location 12 CLE 3 CLE SEPT 13 ICLE AUG 23 ICLE Workouts, Turnarounds Nuts & Bolts of Family Law and Restructurings Savannah, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

AUG 23 ICLE SEPT 19 ICLE Contract Litigation Stewards of Children Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 3 CLE

AUG 30-31 ICLE SEPT 19 ICLE Urgent Legal Matters Inside the Courtroom St. Simons, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 13 CLE 6 CLE

SEPT 6 ICLE SEPT 19-21 ICLE Secrets to a Successful Plaintiff’s Insurance Law Institute Personal Injury Practice St. Simons, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 12 CLE 6 CLE

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

90 Georgia Bar Journal CLE Calendar

SEPT 20 ICLE Social Media SEPT 27 ICLE Atlanta, Ga. Georgia Law of Torts See www.iclega.org for location Macon, Ga. 6 CLE See www.iclega.org for location 6 CLE SEPT 20 ICLE New Negotiation Advantage SEPT 27 ICLE Atlanta, Ga. The Mindful Lawyer See www.iclega.org for location Atlanta, Ga. 6 CLE See www.iclega.org for location 6 CLE SEPT 27 ICLE Professionalism, Ethics & Malpractice Kennesaw, Ga. See www.iclega.org for location 3 CLE

The State Bar of Georgia has 46 Sections for you to Join! Administrative Law ) Agriculture Law ) Animal Law ) Antitrust Law ) Appellate Practice ) Aviation Law ) Bankruptcy Law ) Business Law ) Child Protection and Advocacy Law ) Consumer Law ) Constitutional Law ) ) Corporate Counsel Law ) Creditors’ Rights ) Criminal Law ) Dispute ) Resolution ) Elder Law ) Eminent Domain Law ) Employee Bene ts Law ) Entertainment and Sports Law ) Environmental Law ) Equine Law ) Family Law ) Fiduciary Law ) Franchise and Distribution Law ) General Practice and Trial Law ) Government Attorneys ) Health Law ) Immigration Law ) ) Individual Rights Law ) Intellectual Property Law ) International Law ) ) Judicial Section ) Labor and Employment Law ) Legal Economics Law ) Local Government Law ) Military/Veterans Law ) Nonpro t Law ) Product Liability Law ) Professional Liability Law ) Real Property Law ) School and College Law ) Senior Lawyers ) Taxation Law ) Technology Law ) Tort and Insurance ) Practice ) Workers’ Compensation Law )

August 2013 91 Notices

First Publication of Proposed Formal Advisory Opinion No. 11-R1

QUESTIONS PRESENTED: incurred substantial medical bills as a result of their injuries. These lawyers are required to work diligently 1. May a lawyer representing a plaintiff personally to obtain a fair settlement for these clients. Obtaining a agree, as a condition of settlement, to indemnify the settlement or judgment can sometimes take years. opposing party from claims by third persons to the settlement funds? The proper disbursement of settlement proceeds is a tremendous responsibility for a lawyer who 2. May a lawyer seek to require, as a condition of receives such proceeds. Clients are often in need of settlement, that a plaintiff’s lawyer make a personal funds from the settlement. Lawyers need payment agreement to indemnify the opposing party from for their services. And third persons such as medi- claims by third persons to the settlement funds? cal providers, insurance carriers, or Medicare and Medicaid seek reimbursement of their expenses from SUMMARY ANSWER: the settlement.

1. A lawyer may not ethically agree, as a condition Increasingly, lawyers who represent plaintiffs are of settlement, to indemnify the opposing party being asked to personally indemnify the opposing from claims by third persons to the settlement party and counsel from claims by third persons to the funds. Such agreements violate Rule 1.8(e) of the settlement proceeds. Lawyers are concerned not only Georgia Rules of Professional Conduct, which about whether it is ethical to enter into such an agree- prohibits a lawyer from providing financial assis- ment but also whether it is ethical to seek to require tance to a client in connection with pending or other lawyers to enter into such an agreement.1 contemplated litigation. 1. A lawyer may not ethically agree, as a condition of 2. Further, a lawyer may not seek to require, as a con- settlement, to indemnify the opposing party from dition of settlement, that a plaintiff’s lawyer make claims by third persons to the settlement funds. a personal agreement to indemnify the opposing party from claims by third persons to the settle- The first issue is governed by Rule 1.8(e) of the ment funds. Such conduct violates Rule 8.4(a)(1) Georgia Rules of Professional Conduct, which proof the Georgia Rules of Professional Conduct, vides as follows: which prohibits a lawyer from knowingly induc- ing another lawyer to violate the Georgia Rules of “A lawyer shall not provide financial assistance to a Professional Conduct. client in connection with pending or contemplated litigation, except that: OPINION: 1. a lawyer may advance court costs and expens- Lawyers often represent clients in civil actions, such es of litigation, the repayment of which may be as personal injury or medical malpractice, who have contingent on the outcome of the matter; or

92 Georgia Bar Journal 2. a lawyer representing a client unable to pay court costs and expenses of litigation may pay those costs and expenses on behalf of the client.”

Comment 4 provides further guidance:

“Paragraph (e) eliminates the former requirement that the client remain ultimately liable for financial assistance provided by the lawyer. It further limits permitted assistance to court costs and expenses directly related to litigation. Accordingly, permitted expenses would include expenses of investigation, medical diagnostic work connected with the matter under litigation and treatment necessary for the diagnosis, and the costs of obtaining and presenting evidence. Permitted expenses would not include living expenses or medical expenses other than those listed above.”

Financial assistance can take many forms. Such assistance includes gifts, loans and loan guarantees. Any type of guarantee to cover a client’s debts constitutes financial assistance. Rule 1.8(e) provides narrow exceptions to the prohibition on a lawyer providing financial assistance to a client in connection with litigation. Those exceptions do not apply when a lawyer enters into a personal indemnification agreement. Because a lawyer, under Rule 1.8(e), may not provide financial assistance to a client by, for example, paying or advancing the client’s medical expenses in connection with pending or contemplated litigation, it follows that a lawyer may not agree, either voluntarily or at the insistence of the client or parties being released, to guarantee or accept ultimate responsibility for such expenses.2

Moreover, any insistence by a client that the lawyer accept a settlement offer containing an indemnification agreement on the part of the lawyer might require the lawyer to withdraw from the representation. The lawyer may otherwise be in violation of Rule 1.16(a) Come join us! (1), which provides that “a lawyer shall . . . withdraw from the representation of a client if . . . the representation will result in violation of the Georgia Rules of Professional Conduct.”

2. A lawyer may not seek to require, as a condition of settlement, that a plaintiff’s lawyer make a personal agreement to indemnify the opposing party from claims by third persons to the settlement funds.

The second issue is governed by Rule 8.4(a)(1), which provides that “It shall be a violation of the Rules of Professional Conduct for a lawyer to . . . violate or knowingly attempt to violate the Georgia Rules of Professional

Conduct, knowingly assist or induce another to do so, or The State Bar is now on Facebook. do so through the acts of another.” (emphasis added). Comment 1 to Rule 8.4 also provides direction: www.facebook.com/statebarofgeorgia

August 2013 93 “The prohibitions of this Rule as well as the prohibi- Medicaid settlement agreement that requires counsel to indemnify opposing party from subrogation liens tions of Bar Rule 4-102 prevent a lawyer from attempt- and third-party claims violates Indiana rules); Maine ing to violate the Georgia Rules of Professional Ethics Opinion 204 (2011); Missouri Formal Advisory Conduct or from knowingly aiding or abetting, or Opinion 125 (2008); Association of the Bar of the City providing direct or indirect assistance or inducement of New York Committee on Professional and Judicial to another person who violates or attempts to violate Ethics Formal Opinion 2010-3; Supreme Court of a rule of professional conduct. A lawyer may not Ohio Opinion 2011-1; Philadelphia Bar Association avoid a violation of the rules by instructing a non- Professional Guidance Committee Opinion 2011-6 lawyer, who is not subject to the rules, to act where (2012); South Carolina Ethics Advisory Opinion 08-07; the lawyer can not.” Utah Ethics Advisory Opinion 11-01; Virginia Legal Ethics Opinion 1858 (2011); Washington State Bar In light of the conclusion that plaintiff’s counsel may Association Advisory Opinion 1736 (1997); Wisconsin Formal Opinion E-87-11 (1987). not agree to indemnify the opposing party from claims Many of these jurisdictions also hold that an agreement by third parties, it is also improper for a lawyer repre- to guarantee a client’s obligations to third parties also senting a defendant to seek to require that a plaintiff’s violates Rule 1.7(a) or its equivalent regarding conflicts lawyer make a personal agreement to indemnify the of interest. In reaching its decision, the Board does not opposing party from claims by third parties to the consider it necessary to address that issue here. settlement funds. Nor can the lawyer representing the 3. The mere suggestion by the client that the lawyer defendant avoid such a violation by instructing his cli- guarantee or indemnify against claims would not require ent or the insurance company to propose or demand withdrawal by the lawyer, only the client’s demand that the indemnification. the lawyer do so would require withdrawal. See Rule 1.16(a)(1) (“A lawyer ordinarily must decline or withdraw Endnotes from representation if the client demands that the lawyer 1. This opinion is intended to address the ethical concerns engage in conduct that is illegal or violates the Georgia associated with a lawyer’s agreement to indemnify. Rules of Professional Conduct or other law. The lawyer This opinion does not address the legal or ethical issues is not obliged to decline or withdraw simply because the involved in the disbursement of settlement funds. client suggests such a course of conduct; a client may 2. This opinion is consistent with advisory opinions from make such a suggestion in the hope that a lawyer will not other states holding that an agreement by a client’s be constrained by a professional obligation.”). lawyer to guarantee a client’s obligations to third 4. This opinion is consistent with advisory opinions from parties amounts to guaranteeing financial assistance to other states holding that a lawyer’s demand that a the client, in violation of Rule 1.8(e) or its equivalent. plaintiff’s lawyer make a personal agreement to indemnify See, e.g., Alabama State Bar Ethics Opinion RO 2011- the opposing party from claims by third parties to the 01; Arizona State Bar Ethics Opinion 03-05; Delaware settlement funds violates Rule 8.4(a)(1) or its equivalent. State Bar Association Committee on Professional See, e.g., Alabama State Bar Ethics Opinion RO 2011-01; Ethics Opinion 2011-1; Florida Bar Staff Opinion Florida Bar Staff Opinion 30310 (2011); Missouri Formal 30310 (2011); Illinois State Bar Association Advisory Advisory Opinion 125 (2008); Association of the Bar of the Opinion 06-01 (violation of Illinois Rule 1.8(d), which City of New York Committee on Professional and Judicial is similar to Rule 1.8(e)); Indiana State Bar Association Ethics Formal Opinion 2010-3; Supreme Court of Ohio Legal Ethics Opinion No. 1 of 2005 (non-Medicare and Opinion 2011-1; Utah Ethics Advisory Opinion 11-01; Virginia Legal Ethics Opinion 1858 (2011)). Re-Publication of Formal Advisory Opinion No. 10-1 On April 15, 2013, the Supreme Court of Georgia Court. On July 11, 2013, the Court issued an Order issued an Order approving Formal Advisory Opinion granting the motion, withdrawing its opinion regard- No. 10-1 (FAO No. 10-1) pursuant to Rule 4-403. The ing FAO No. 10-1 issued on April 15, 2013, and issu- Order also contained the Court’s opinion regarding ing a substitute opinion. FAO No. 10-1. Because of the extensive language contained in the Court’s opinion, the language was made In light of the Supreme Court’s withdrawal of its part of FAO No. 10-1. Notice of the Court’s issuance of opinion contained in the April 15, 2013, Order, and its FAO No. 10-1 was published in the June 2013 issue of issuance of a substitute opinion in the July 11, 2013, the Georgia Bar Journal. Order, the language of the substitute opinion has been made a part of FAO No. 10-1, replacing the language of Following the issuance of FAO No. 10-1, a motion the April 15, 2013, opinion. for reconsideration was filed with the Supreme

94 Georgia Bar Journal Following is the re-publication of the full text of FAO services organization.” Comment [3] further provides No. 10-1, including the language from the Court’s July “Lawyers employed in the same unit of a legal service 11, 2013, opinion. Please note, only the language of the organization constitute a firm,. . . .” Court’s opinion regarding FAO No. 10-1 changed. Under a plain reading of Rule 1.10 (a) and the com- STATE BAR OF GEORGIA ments thereto, circuit public defenders working in the FORMAL ADVISORY OPINION NO. 10-1 circuit public defender office of the same judicial circuit Approved and Issued On July 11, 2013 are akin to lawyers working in the same unit of a legal Pursuant to Bar Rule 4-403 services organization and each judicial circuit’s public By Order Of The Supreme Court of Georgia defender’s office2 is a “firm” as the term is used in the With Comments rule. This construction is in keeping with our past juris- Supreme Court Docket No. S10U1679 prudence. Cf. Hung v. State, 282 Ga. 684 (2) (653 SE2d 48) (2007) (attorney who filed motion for new trial was COMPLETE TEXT FROM THE ORDER not considered to be “new” counsel for the purpose OF THE SUPREME COURT OF GEORGIA of an ineffective assistance of counsel claim where he and trial counsel were from the same public defender’s Responding to a letter from the Georgia Public office); Kennebrew v. State, 267 Ga. 400 (480 SE2d Defender Standards Council (GPDSC), the State Bar 1) (1996) (appellate counsel who was from the same Formal Advisory Opinion Board (Board) issued Formal public defender office as appellant’s trial lawyer could Advisory Opinion 10-1 (FAO 10-1), in which the Board not represent appellant on appeal where appellant concluded that the standard for the imputation of con- had an ineffective assistance of counsel claim); Ryan flicts of interest under Rule 1.10 (a) of the Georgia Rules v. Thomas, 261 Ga. 661 (409 SE2d 507) (1991) (for the of Professional Conduct applies to the office of a circuit purpose of raising a claim of ineffective assistance of public defender as it would to a private law firm. FAO counsel, “attorneys in a public defender’s office are to 10-1 was published in the June 2010 issue of the Georgia be treated as members of a law firm...”); Love v. State, Bar Journal and was filed in this Court on June 15, 2010. 293 Ga. App. 499, 501 at fn. 1 (667 SE2d 656) (2008). See On July 5, 2010, the GPDSC filed a petition for discre- also Reynolds v. Chapman, 253 F3d 1337, 1343-1344 tionary review which this Court granted on January 18, (11th Cir. 2001) (“While public defenders’ offices have 2011. The Court heard oral argument on January 10, certain characteristics that distinguish them from typi- 2012. For reasons set forth below, we conclude, as did cal law firms, our cases have not drawn a distinction the Board, that Rule 1.10 (a) applies to a circuit public between the two.”). Accordingly, FAO 10-1 is correct defender office as it would to a private law firm, and inasmuch is it concludes that public defenders work- pursuant to State Bar Rule 4.403 (d), we hereby approve ing in the same judicial circuit are “firms” subject to FAO 10-1 to the extent it so holds.1 the prohibition set forth in Rule 1.10 (a) when a conflict exists pursuant to the conflict of interest rules listed 1. At the heart of FAO 10-1 is the constitutional right therein, including in particular Rule 1.7.3 That is, if it is to conflict-free counsel and the construction of Rule determined that a single public defender in the circuit 1.10 (a) of the Georgia Rules of Professional Conduct. public defender’s office of a particular judicial circuit “Where a constitutional right to counsel exists, our has an impermissible conflict of interest concerning the Sixth Amendment cases hold that there is a correla- representation of co-defendants, then that conflict of tive right to representation that is free from conflicts interest is imputed to all of the public defenders work- of interest.” Wood v. Georgia, 450 U.S. 261, 271 ( 101 ing in the circuit public defender office of that particu- SC 1097, 67 LE2d 220) (2008). Indeed, this Court has lar judicial circuit. See Restatement (Third) of the Law stated in no uncertain terms that, “Effective counsel is Governing Lawyers §123 (d)(iv) (“The rules on imputed counsel free from conflicts of interest.” Garland v. State, conflicts . . . apply to a public-defender organization as 283 Ga. 201 (657 SE2d 842) (2008). In keeping with this they do to a law firm in private practice. . .”). unequivocal right to conflict-free representation, Rule 1.10 (a) provides as follows: 2. Despite the unambiguous application of Rule 1.10 (a) to circuit public defenders, GPDSC complains While lawyers are associated in a firm, none of them that FAO 10-1 creates a per se or automatic rule of shall knowingly represent a client when any one disqualification of a circuit public defender office. We of them practicing alone would be prohibited from disagree. This Court has stated that “[g]iven that mul- doing so by Rule 1.7: Conflict of Interest: General Rule, tiple representation alone does not amount to a conflict 1.8(c): Conflict of Interest: Prohibited Transactions, 1.9: of interest when one attorney is involved, it follows that Former Client or 2.2: Intermediary. counsel from the same [public defender office] are not automatically disqualified from representing multiple (Emphasis in original.) Comment [1] concerning Rule defendants charged with offenses arising from the 1.10 defines “firm” to include “lawyers . . . in a legal same conduct.” Burns v. State, 281 Ga. 338, 340 (638

August 2013 95 SE2d 299) (2006) (emphasis in the original). Here, Rule by the Board—and addressed in this opinion—is solely a question of conflict imputation, that is, whether Rule 1.10 1.10 does not become relevant or applicable until after (a) applies equally to circuit public defender offices and an impermissible conflict of interest has been found to to private law firms. No doubt, the question of conflict exist. It is only when it is decided that a public defender imputation under Rule 1.10 (a) is part of the broader has an impermissible conflict in representing multiple question that the Board purported to answer and that we defendants that the conflict is imputed to the other posed to the parties. But whether multiple representations attorneys in that public defender’s office. Even then, are absolutely prohibited upon imputation of a conflict— multiple representations still may be permissible in even with, for instance, the informed consent of the client some circumstances. See, e.g., Rule 1.10 (c) (“A disquali- or the employment of “screening” measures within an fication prescribed by this rule may be waived by the office or firm—is a question that goes beyond Rule 1.10 affected client under the conditions stated in Rule 1.7: (a), and it is one that we do not attempt to answer in this Conflict of Interest: General Rule.) Thus, FAO 10-1 does opinion. To the extent that FAO 10-1 speaks to the broader question, we offer no opinion about its correctness. not create a per se rule of disqualification of a circuit public defender’s office prior to the determination that 2. There are 43 circuit public defender offices in Georgia. an impermissible conflict of interest exists and cannot be waived or otherwise overcome. 3. Rule 1.7 of the Georgia Rules of Professional Conduct provides: Although a lawyer (and by imputation his law firm, including his circuit public defender office) may not (a) A lawyer shall not represent or continue to always have an impermissible conflict of interest in rep- represent a client if there is a significant risk that the resenting multiple defendants in a criminal case, this lawyer’s own interests or the lawyer’s duties to another should not be read as suggesting that such multiple client, a former client, or a third person will materially representation can routinely occur. The Georgia Rules and adversely affect the representation of the client, except as permitted in (b). of Professional Conduct explain that multiple representation of criminal defendants is ethically permissible (b) If client informed consent is permissible a lawyer only in the unusual case. See Rule 1.7, Comment [7] may represent a client notwithstanding a significant (“The potential for conflict of interest in represent- risk of material and adverse effect if each affected client ing multiple defendants in a criminal case is so grave or former client gives informed consent confirmed in that ordinarily a lawyer should decline to represent writing to the representation after: (1) consultation with more than one co-defendant.”). We realize that the the lawyer pursuant to Rule 1.0(c); (2) having received in professional responsibility of lawyers to avoid even writing reasonable and adequate information about the imputed conflicts of interest in criminal cases pursuant material risks of and reasonable available alternatives to Rule 1.10 (a) imposes real costs on Georgia’s indigent to the representation; and (3) having been given the defense system, which continually struggles to obtain opportunity to consult with independent counsel. the resources needed to provide effective representa- (c) Client informed consent is not permissible if the tion of poor defendants as the Constitution requires. representation: (1) is prohibited by law or these Rules; See Gideon v. Wainwright, 373 U.S. 335 (83 SC 792, 9 (2) includes the assertion of a claim by one client LE2d 799) (1963). But the problem of adequately fund- against another client represented by the lawyer in ing indigent defense cannot be solved by compromis- the same or a substantially related proceeding; or (3) ing the promise of Gideon. See Garland v. State, 283 Ga. involves circumstances rendering it reasonably unlikely 201, 204 (657 SE2d 842) (2008). that the lawyer will be able to provide adequate representation to one or more of the affected clients. Since FAO 10-1 accurately interprets Rule 1.10 (a) as The maximum penalty for a violation of this Rule is it is to be applied to public defenders working in circuit disbarment. public defender offices in the various judicial circuits of 4. Our opinion cites several precedents that concern this State, it is approved.4 the constitutional guarantee of the assistance of counsel, and it is only fitting that we think about the Formal Advisory Opinion 10-1 approved. All the constitutional values that Rule 1.10 promotes as we Justices concur. consider the meaning of Rule 1.10. We do not hold that the imputation of conflicts required by Rule 1.10 is Endnotes compelled by the Constitution, nor do we express any 1. In FAO 10-1, the Board purported to answer a broader opinion about the constitutionality of any other standard question–whether “different lawyers employed in the for imputation. Rule 1.10 is a useful aid in the fulfillment circuit public defender office in the same judicial circuit of the constitutional guarantee of the right to the [may] represent codefendants when a single lawyer effective assistance of counsel, but we do not hold today would have an impermissible conflict of interest in that it is essential to fulfill the constitutional guarantee. doing so”—and we asked the parties to address a similar We do not endorse any particular alternative to Rule 1.10 question in their briefs to this Court. That statement of the (a), but we also do not foreclose the possibility that Rule question, however, is too broad. The real issue addressed 1.10 (a) could be amended so as to adequately safeguard

96 Georgia Bar Journal high professional standards and the constitutional Rule of Professional Conduct 1.10(a), “[w]hile lawyers rights of an accused—by ensuring, among other things, are associated in a firm, none of them shall knowingly the independent judgment of his counsel and the preservation of his confidences—and, at the same time, represent a client when any one of them practicing alone permit circuit public defender offices more flexibility in would be prohibited from doing so. . . .” Therefore, the the representations of co-defendants. As of now, Rule answer to the question presented depends in part upon 1.10 is the rule that we have adopted in Georgia, FAO whether a circuit public defender office constitutes a 10-1 correctly interprets it, and we decide nothing more. “firm” within the meaning of Rule 1.10.

FORMAL ADVISORY OPINION NO. 10-1 Neither the text nor the comments of the Georgia Rules of Professional Conduct explicitly answers the QUESTION PRESENTED: question. The terminology section of the Georgia Rules of Professional Conduct defines “firm” as a “law- May different lawyers employed in the circuit public yer or lawyers in a private firm, lawyers employed defender office in the same judicial circuit represent in the legal department of a corporation or other co-defendants when a single lawyer would have an organization and lawyers employed in a legal ser- impermissible conflict of interest in doing so? vices organization. See Comment, Rule 1.10: Imputed Disqualification.” Comment [1] to Rule 1.10 states that SUMMARY ANSWER: the term “firm” includes lawyers “in a legal services organization,” without defining a legal services organi- Lawyers employed in the circuit public defender zation. Comment [3], however, provides that: office in the same judicial circuit may not represent co-defendants when a single lawyer would have an Similar questions can also arise with respect to law- impermissible conflict of interest in doing so. yers in legal aid. Lawyers employed in the same unit of a legal service organization constitute a firm, but not OPINION: necessarily those employed in separate units. As in the case of independent practitioners, whether the lawyers In Georgia, a substantial majority of criminal defen- should be treated as associated with each other can dants are indigent. Many of these defendants receive depend on the particular rule that is involved, and on representation through the offices of the circuit public the specific facts of the situation. defenders. More than 40 judicial circuit public defender offices operate across the State. That is the extent of the guidance in the Georgia Rules of Professional Conduct and the comments Issues concerning conflicts of interest often arise thereto. In the terms used in this Comment, the answer in the area of criminal defense. For example, a single to the question presented is determined by whether lawyer may be asked to represent co-defendants who lawyers in a circuit public defender’s office are in the have antagonistic or otherwise conflicting interests. The same “unit” of a legal services organization. lawyer’s obligation to one such client would materially and adversely affect the lawyer’s ability to represent The Supreme Court of Georgia has not answered the the other co-defendant, and therefore there would be a question presented. The closest it has come to doing conflict of interest under Georgia Rule of Professional so was in the case of Burns v. State, 281 Ga. 338 (2006). Conduct 1.7(a). See also Comment [7] to Georgia Rule of In that case, two lawyers from the same circuit public Professional Conduct 1.7 (“. . .The potential for conflict of defender’s office represented separate defendants who interest in representing multiple defendants in a criminal were tried together for burglary and other crimes. The case is so grave that ordinarily a lawyer should decline to Court held that such representation was permissible represent more than one codefendant”). Each such client because there was no conflict between the two defen- would also be entitled to the protection of Rule 1.6, which dants. Presumably, therefore, the same assistant public requires a lawyer to maintain the confidentiality of infor- defender could have represented both defendants. The mation gained in the professional relationship with the Court recognized that its conclusion left open “the client. One lawyer representing co-defendants with con- issue whether public defenders should be automati- flicting interests certainly could not effectively represent cally disqualified or be treated differently from private both while keeping one client’s information confidential law firm lawyers when actual or possible conflicts arise from the other. See Georgia Rule of Professional Conduct in multiple defendant representation cases.” Id. at 341. 1.4 (“A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed Other states, in case law and ethics opinions, have decisions regarding the representation. . .”). decided the question presented in disparate ways. Some impute conflicts within particular local defender Some conflicts of interest are imputed from one law- offices. See Commonwealth v. Westbrook, 400 A2d 160, yer to another within an organization. Under Georgia 162 (Pa. 1979); Turner v. State, 340 So.2d 132, 133 (Fla.

August 2013 97 App. 2nd Dist. 1976); Tex. Ethics Op. 579 (November firm. See RESTATEMENT OF THE LAW GOVERNING 2007); Va. Legal Ethics Op. No. 1776 (May 2003); Ct. LAWYERS Third, Sec. 123, Comment b. Informal Op. 92-23 (July 1992); S.C. Bar Advisory Op. 92-21 (July 1992). Some courts and committees have The first of these concerns is not relevant to a cir- allowed for the possibility that there can be sufficient cuit public defender office. “The salaried government separation of lawyers even within the same office that employee does not have the financial interest in the imputation should not be automatic. Graves v. State, success of departmental representation that is inherent 619 A.2d 123, 133-134 (Md. Ct. of Special Appeals 1993); in private practice.” Frazier v. State, 257 Ga. 690, 695 Cal. Formal Op. No. 2002-158 (Sept. 2002); Montana (1987) citing ABA Formal Opinion 342. Ethics Op. 960924. Others have decided more generally against a per se rule of imputation of conflicts. See Bolin The concerns about confidentiality, however, are v. State, 137 P.3d 136, 145 (Wyo. 2006); State v. Bell, another matter. The chance that a lawyer for one defen- 447 A.2d 525, 529 (N.J. 1982); People v. Robinson, 402 dant might learn the confidential information of another N.E.2d 157, 162 (Ill. 1979); State v. Cook, 171 P.3d 1282, defendant, even inadvertently, is too great to overlook. 1292 (Idaho App. 2007). Other concerns include the independence of the The Eleventh Circuit Court of Appeals looked at an assistant public defender and the allocation of office imputed conflict situation in a Georgia public defender resources. If one supervisor oversees the representation office. The Court noted that “[t]he current disciplinary by two assistants of two clients whose interests conflict, rules of the State Bar in Georgia preclude an attorney the potential exists for an assistant to feel pressured to from representing a client if one of his or her law part- represent his or her client in a particular way, one that ners cannot represent that client due to a conflict of inter- might not be in the client’s best interest. Furthermore, est.” Reynolds v. Chapman, 253 F.3d 1337, 1344 (2001). conflicts could arise within the office over the allocation The Court further stated that “[w]hile public defender’s of investigatory or other resources between clients with offices have certain characteristics that distinguish them conflicting interests. from typical law firms, our cases have not drawn a distinction between the two.” Reynolds, supra, p. 1343. The ethical rules of the State Bar of Georgia should not be relaxed because clients in criminal cases are indi- The general rule on imputing conflicts within a law gent. Lawyers must maintain the same level of ethical firm reflects two concerns. One is the common eco- responsibilities whether their clients are poor or rich. nomic interest among lawyers in a firm. All lawyers in a firm might benefit if one lawyer sacrifices the interests Lawyers employed in the circuit public defender of one client to serve the interests of a different, more office are members of the same “unit” of a legal ser- lucrative client. The firm, as a unified economic entity, vices organization and therefore constitute a “firm” might be tempted to serve this common interest, just within the meaning of Rule 1.10. Lawyers employed in as a single lawyer representing both clients would be the circuit public defender office in the same judicial tempted. Second, it is routine for lawyers in a firm to circuit may not represent co-defendants when a single have access to confidential information of clients. A lawyer would have an impermissible conflict of interest lawyer could access the confidential information of one in doing so. Conversely, lawyers employed in circuit of the firm’s clients to benefit a different client. For at public defender offices in different judicial circuits are least these two reasons, a conflict of one lawyer in a pri- not considered members of the same “unit” or “firm” vate firm is routinely imputed to all the lawyers in the within the meaning of Rule 1.10. Notice of and Opportunity for Comment on Amendments to the Rules of the U.S. Court of Appeals for the Eleventh Circuit Pursuant to 28 U.S.C. § 2071(b), notice and opportu- website at www.ca11.uscourts.gov. A copy may also be nity for comment is hereby given of proposed amend- obtained without charge from the Office of the Clerk, ments to the Rules of the U.S. Court of Appeals for the U.S. Court of Appeals for the Eleventh Circuit, 56 Eleventh Circuit. Forsyth St., NW, Atlanta, Georgia 30303 (phone: 404- 335-6100). Comments on the proposed amendments A copy of the proposed amendments may be may be submitted in writing to the Clerk at the above obtained on and after Aug. 1, 2013, from the court’s address by Sept. 3, 2013.

98 Georgia Bar Journal Classified Resources

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100 Georgia Bar Journal

Trial By Jury: What’s the Big Deal?

“Trial By Jury: What’s the Big Deal?” is an animated presentation for high school civics classes in Georgia to increase court literacy among young people. This presentation was created to be used by high school civics teachers as a tool in fulﬁ lling four speciﬁ c requirements of the Social Studies Civics and Government performance standards.

This animated presentation reviews the history and importance of trial by jury through a discussion of the Magna Carta, the Star Chamber, the trial of William Penn, the Constitutional Convention in 1787, the Constitution and the Bill of Rights. Also covered in the presentation are how citizens are selected for jury duty, the role of a juror, and the importance of an impartial and diverse jury.

The State Bar of Georgia’s Law-Related Education Program offers several other opportunities for students and teachers to explore the law. Students can participate in Journey Through Justice, a free class tour program at the Bar Center, during which they learn a law lesson and then participate in a mock trial. Teachers can attend free workshops correlated to the Georgia Performance Standards on such topics as the juvenile and criminal justice systems, federal and state courts, and the Bill of Rights. The LRE program also produces the textbook An Introduction to Law in Georgia for use in middle and high school classrooms.

You may view “Trial By Jury: What’s the Big Deal?” at www.gabar.org/ forthepublic/forteachersstudents/lre/ teacherresources/index.cfm. For a free DVD copy, email stephaniew@gabar. org or call 404-527-8792. For more information on the LRE Program, contact Deborah Craytor at deborahcc@gabar. org or 404-527-8785.

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