pro bono: lending a helping hand

LEGISLATIVE WRAP-UP • SPRING MTG.JUNE 2000• NEW CIVIL CASE FINDINGS FORM1 West pickup 4/00 back cover 4C

2 GEORGIA BAR JOURNAL Editorial Board

WILLIAM WALL SAPP, Editor-in-Chief JENNIFER M. DAVIS, Managing Editor LYN K. ARMSTRONG D. SCOTT MURRAY ERIKA C. BIRG MARISA ANNE PAGNATTARO CHARLES M. CORK III AMELIA TOY RUDOLPH June 2000 • Vol. 5 No. 6 O. WAYNE ELLERBEE JOHN M. SIKES JR. GEORGE W. F RYHOFER III JOHN SPANGLER III MICHAEL JABLONSKI JERRE B. SWANN JR. On the Cover: This issue is dedicated to lawyers — like Atticus Finch — ANNE R. JACOBS DIANE BETH WEINBERG who ensure access to justice for all regardless of socio-economic status. MICHELLE W. JOHNSON PAMELA Y. W HITE-COLBERT QUICK DIAL SARAJANE N. LOVE J. MICHAEL WIGGINS W. FRAY MCCORMICK Attorney Discipline ...... (800) 334-6865 ext. 720 (404) 527-8720 CHARLES R. ADAMS III, ADVISOR Consumer Assistance Program ...... (404) 527-8759 THEODORE H. DAVIS JR., ADVISOR Conference Room Reservations ...... (404) 527-8712 Fee Arbitration ...... (404) 527-8750 Officers of the State Bar of Georgia Continuing Legal Education Transcripts ...... (404) 527-8710 (ex officio members) Diversity Program ...... (404) 527-8754 ETHICS Hotline ...... (800) 682-9806 (404) 527-8741 RUDOLPH N. PATTERSON, MACON Georgia Bar Foundation/IOLTA ...... (404) 527-8766 President Georgia Bar Journal ...... (404) 527-8736 GEORGE E. MUNDY, CEDARTOWN Lawyer Assistance Program ...... (770) 612-1122 (800) 327-9631 President-elect Law Practice Management ...... (404) 527-8773 JAMES B. FRANKLIN, STATESBORO Membership Records ...... (404) 527-8777 Secretary Meetings Information ...... (404) 527-8790 JAMES B. DURHAM, BRUNSWICK Pro Bono Project ...... (404) 527-8763 Treasurer Professionalism ...... (404) 527-8793 Sections ...... (404) 527-8774 WILLIAM E. CANNON JR., ALBANY Immediate Past President Unauthorized Practice of Law ...... (404) 527-8743 Young Lawyers Division ...... (404) 527-8778 JOSEPH W. DENT, ALBANY YLD President HEADQUARTERS KENDALL S. BUTTERWORTH, ATLANTA 800 The Hurt Building • 50 Hurt Plaza • Atlanta, GA 30303-2934 YLD President-elect (800) 334-6865 (404) 527-8700 FAX (404) 527-8717 ROSS J. ADAMS, ATLANTA Visit us on the Internet at www.gabar.org YLD Immediate Past President South Georgia Office Editors Emeritus • (ex officio members) 244 E. Second St. (31794) • P.O. Box 1390 • Tifton, GA 31793-1390 THEODORE H. DAVIS JR., 1997-1999 (800) 330-0446 (912) 387-0446 L. BRETT LOCKWOOD, 1995-1997 FAX (912) 382-7435 STEPHANIE B. MANIS, 1993-1995 Manuscript Submissions WILLIAM L. BOST JR., 1991-1993 The Georgia Bar Journal welcomes the submission of unsolicited legal manuscripts on topics of CHARLES R. ADAMS III, 1989-1991 interest to the State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should be L. DALE OWENS, 1987-1989 10 to 12 pages, double-spaced (including endnotes) and on letter-size paper. Citations should conform to A UNIFORM SYSTEM OF CITATION (16th ed. 1996). Please address unsolicited manuscripts to: William DONNA G. B ARWICK, 1986-1987 Wall Sapp, Editor-in-Chief, Alston & Bird, One Atlantic Center, 1201 W. Peachtree St, Atlanta, GA 30309- JAMES C. GAULDEN JR., 1985-1986 3424. Authors will be notified of the Editorial Board’s decision following its next meeting. The Georgia Bar Journal welcomes the submission of news about local and circuit bar association JERRY B. BLACKSTOCK, 1984-1985 happenings, Bar members, law firms and topics of interest to attorneys in Georgia. Please send news releases STEVEN M. COLLINS, 1982-1984 and other information to: Jennifer M. Davis, Managing Editor, 800 The Hurt Building, 50 Hurt Plaza, At- lanta, Georgia 30303; phone: (404) 527-8736. WALTER M. GRANT, 1979-1982 Layout and Design by Lenz Design & Communications, Inc. 119 E. Court Sq. #201, Decatur, Georgia STEPHEN E. RAVILLE, 1977-1979 Publisher’s Statement ROBERT H. WALLING, 1975-1977 The Georgia Bar Journal (SSN-1085-1437) is published six times per year (bi-monthly) by the State Communications Committee Bar of Georgia, 800 The Hurt Building, 50 Hurt Plaza, Atlanta, Georgia 30303-2934. © State Bar of Georgia 2000. One copy of each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to WILLIAM E. CANNON JR., ALBANY non-members. Single copies: $6. Periodicals postage paid in Atlanta, Georgia. Opinions and conclusions Chairperson expressed in articles herein are those of the authors and not necessarily those of the Editorial Board, Commu- nications Committee, Officers or Board of Governors of the State Bar of Georgia. Advertising rate card will DENNIS C. O’BRIEN, MARIETTA be furnished upon request. Publishing of an advertisement does not imply endorsement of any product or Vice-Chairperson service offered. POSTMASTER: Send address changes to same address. Staff Disabilities JENNIFER M. DAVIS If you have a disability which requires printed materials in alternate Director of Communications formats, please contact the ADA coordinator at (404) 527-8700 or (800) NIKKI HETTINGER CAROLINE SIRMON 334-6865. Communications Coordinator Internet Coordinator PAULA J. HALL Administrative Assistant

JUNE 2000 3 lexis nexis pickup 4/00 p4, fullpage 4-color

4 GEORGIA BAR JOURNAL JUNE 2000 VOL. 5 NO. 6

Table of Contents

Section News Pro Bono Features Section Leaders Hold Retreat 50 Our Duty and Responsibility New Data Information Form Now Computer Law Section Aids By Gov. Roy Barnes Required for all Civil Case Filings Tech Corps Atlanta 8 By Jerry Garland 51 36 Chief Justice Robert Benham Who’s Where and Community Service 2000 General Assembly Session 52 10 Successful for Bar By Mark Middleton From the Attorney General Pro Bono 2000: A Bridge 53 Over Troubled Waters 38 By W. Terence Walsh Conference Highlights Benefits Book Review 12 & Challenges of New Technology for Postcards From a Disturbing Time Media and the Courts Reviewed by Janet E. Hill Taking a Second Look at Pro Bono By Nikki Hettinger 54 By Esther F. Lardent 16 40 Lawyer Assistance Program Board of Governors Meets in Macon 55 Juvenile Court Success Stories About By Jennifer M. Davis Children and Families: What a Welcome Lawyer Discipline Change in the News 42 56 By Judge Sharon N. Hill In Memoriam 20 Departments 57 Airmen Gain Access to Georgia Courts Bench & Bar By Col. Fraser B. Jones Jr. From the President Supreme Court Meets at High School 24 Remembering the Law is a Profession 59 By Rudolph N. Patterson Is This Any of Your Business? Tribute to Retiring Appellate Court Judge By Mike Monahan 6 William McMurry Jr. 26 From the Director 60 Emeritus Members Keep Serving The Grandparents Project Professionalism Through Pro Bono By Stephen Gottlieb and Karen Steanson Sign Up for Professionalism Orientations 28 By Cliff Brashier 7 61 Paralegals and Pro Bono Notices From the YLD President By Laurie R. Mansell Proposed FAO No. 98-R7 YLD Providing a Chance to Serve 30 Motion to Amend Bar Rules By Joseph W. Dent Pro Bono Honor Roll 46 Proposed FAO No. 98-R6 32 Board of Governors Meeting Attendance YLD News 62 Lawyers Come Out As a Group to Make CLE Calendar Change in the Community By Damon E. Elmore 72 48 Classifieds 82 Ad Index 82

JUNE 2000 5 the bottom line? Should the object of EMEMBERING HE AW the practice of law be to let everyone R T L make more money with “one stop shopping”? Have we served the IS A PROFESSION public by allowing the practice of law to become only a piece of the business world? If we sacrifice our in the history of our Constitution, clients’ legal rights for the sake of a especially the Bill of Rights and multi-disciplinary or side-by-side most of the other amendments. I practice, what have we done to believe that it was Learned Hand, future generations of Americans? the great jurist of two generations If we adopt the concept of law as a ago, who wrote something to the business and forfeit the privileges that effect that we will not have our make it a profession, will we still rights and privileges in America believe that all citizens should have By Rudolph N. Patterson because our Constitution is writ- access to the judicial system? Will we ten on a certain type of parchment, still donate our time to pro bono s the practice of law contin- and preserved carefully at our service to make that access a reality? ues to evolve, we must not nation’s capital. We will have I wish Bibb Superior Court Alose sight of the needs of these rights and liberties only as Judge Oscar Long, who swore me in those less fortunate. This issue of the long as they exist in the hearts and as a lawyer in 1962, was still alive. Journal focuses on the importance of minds of the people. Maybe he could analyze these preserving access to justice for all problems and explain how they Americans regardless of socioeco- Is the financial gain in becoming compare to the ideas he shared with nomic status. I can only wonder how a “one stop shopping law firm” a us at the swearing-in ceremony: the underprivileged will fare should short term step towards achieving The practice of law is a privi- we as lawyers open our doors to financial success at the expense of lege and a jealous mistress. Total multi-disciplinary practice, side-by- the profession known as the practice loyalty to a client is demanded side practice or whatever arrange- of law? Is it the opportunity to and it is not your option to decide ment that might be adopted that puts exchange financial gain for the the guilt or innocence of your cli- “the business of law” — which is privileges we take for granted that ent. If the Lord will protect you largely motivated by monetary gain now come with the practice of law? from your friends and relatives — ahead of “the profession of law.” Does the majority of the public really you can handle your enemies. It may be that Judge William want to give up their long standing The practice of law is a privi- Wilson from the U.S. District Court of legal rights, which have been created leged profession. It is not a busi- Arkansas explained it best in the last by common law and professional ness. If you want to make a lot of issue of the Georgia Bar Journal: regulation — i.e., confidentiality, attorney-client privilege, absolute money go into business rather than be a practicing attorney. The citizens of this country put loyalty to the client as long as the Keep your hands off your their property, their livelihood, cause is ethical? Will lawyers be client’s money. their hopes, their dreams and supervised and controlled by non- sometimes their freedom and lawyers? Will multi-disciplinary or Would Judge Long’s charge and even their lives in the hands of side-by-side advocates try to limit explanation be any different today? these stalwart lawyers. this type of practice to the financial I hope that as each of us studies I do not believe it is farfetched world? If the practice of law is in and advocates our respective side of to say that these lawyers are, indeed fact to become a business effort only, these issues we will remember what the trustees of liberty. But this is so should the personal injury lawyer, Judge Long said and Benjamin only if we look beyond the mechan- malpractice lawyer, family lawyer, Franklin meant when he said: “They ics of drafting a will, drawing a bankruptcy lawyer, real estate lawyer that can give up an essential liberty complaint, putting the witness on and all other lawyers in active to obtain a little temporary safety, the stand, and the like. We must, practice be allowed to seek out non- deserve neither liberty nor safety.” U among other things, steep ourselves attorney “partners” who can increase

6 GEORGIA BAR JOURNAL “his” amendment to the emeritus rule EMERITUS MEMBERS KEEP and his commitment to pro bono service live on to inspire all of us to enrich our professional lives by SERVING THROUGH PRO BONO making our system of justice avail- able to all. To the thousands of Georgia members pay no dues and have no lawyers, both past and present, who CLE requirements, but they may not honor us all through their pro bono practice law while in that status. service, their character, dedication, and Harold Russell, a friend and highest standards of professionalism, mentor to me, called several years the State Bar of Georgia proudly ago to suggest that the practice expresses its thanks and gratitude. prohibition in the emeritus rule kept Your comments regarding my him and other emeritus members column are welcome. If you have By Cliff Brashier from continuing their commitment to suggestions or information to share, handling pro bono cases. He was, as please call me. Also, the State Bar of he State Bar has a member- usual, correct. Today, the emeritus Georgia serves you and the public. ship class known as “emeri- membership rule contains an impor- Your ideas about how we can Ttus.” It is an honorary, retire- tant exception to allow pro bono enhance that service are always ment status for members who are at service by retired attorneys. appreciated. My telephone numbers least 70 years old and have been A few years later, in 1997, are (800) 334-6865 (toll free), (404) admitted to the practice of law in Harold Russell passed away after a 527-8755 (direct dial), (404) 527-8717 Georgia for 25 or more years. Those long, distinguished legal career. But (fax), and (770) 988-8080 (home). U

Mainstreet pickup 4/00 p51

JUNE 2000 7 PRO BONO Our Duty and Responsibility

By Gov. Roy E. Barnes

t one time the practice of law was not a right but a matter of grace of the sovereign. In accepting that grace, lawyers accepted a duty Ato represent, for free if necessary, people who could not afford their services. Somehow in modern life we have forgotten this basic premise. Very few law school graduates today have decided to represent poor people in landlord-tenant cases or Social Security claims or to practice criminal law. The reasons are many: the pay is low, the hours are long, the clients are far from glamorous. With some large Atlanta firms paying $100,000 plus for securities, tax, corporate and intellectual property associates, who in their right mind would want to represent someone being kicked out of their apartment or a criminal who is odds on guilty anyway? Well, the answer is we all have a duty to represent them.

8 GEORGIA BAR JOURNAL Our legal system is one of the main reasons for our someone out there he would represent one day who would greatness as a nation. But the cold hard reality is that far be innocent. And if he prejudged them all, then he would too many people face the possibility of an unjust outcome never be able to tell the difference. Judge Hames then because they must attempt Photo by Richard T. Bryant reminded him that the to navigate an often system of justice which complicated legal system separates us from lawless without the benefit of societies only works when competent counsel. everyone receives compe- Why? Because compe- tent representation. tent lawyers engaged in the Finally, in a near-fatal corporate practice don’t blow to the young want to get involved. They lawyer’s self-confidence don’t have time. They have and self-esteem, Judge too many hours to bill. Hames told him that They have ever-increasing perhaps he should recon- bills to pay. It wouldn’t sider whether he really help their reputation. It wanted to be a lawyer or might hurt their career. not. None of those reasons I was that young are new. lawyer, and I represented Twenty-six years ago a that young man. He went young African-American to the penitentiary, and his man stood in the middle of mother wept in my arms at the road and stopped a car the conclusion of the case. driven by a 17-year-old There are not enough white girl, the daughter of judges like Luther Hames, a Steward of the local who expect every lawyer Methodist Church. The to do his duty without young man had never been excuses — to protect the in trouble before, but he helpless and represent was arrested and charged even the guilty, not to with rape. He confessed on Far too man y people face the possibility pervert justice, but to the spot and again at the of an un just outcome because they guarantee it. police station after signing This issue of the every waiver of rights must attempt to n avigate an often Georgia Bar Journal is known to man. filled with examples of Judge Luther Hames, a complicated legal system without the lawyers who have dedi- tough-minded former cated their lives to helping district attorney, appointed ben efit of competen t coun sel. those who do not have a a young lawyer who had voice in our society. We just left the DA’s office to defend the young black man should study the example they set carefully and use this charged with rape. as an opportunity to reflect on whether we have met the When the young lawyer found out about his appoint- obligations of a lawyer. ment, he went to see the judge. He had left his job as a Every lawyer has certain duties that are the price you prosecutor to run for office, he explained, and he was in must pay for the grace to practice this glorious profession: the middle of his first campaign. It wasn’t good politics, You must speak when others remain silent. the young lawyer said, to defend a rapist, especially a You must demand fairness when others seek expediency. black one, in the middle of an election. And, he told the You must confront injustice when others seek comfort. judge, he’s guilty anyway. You must question when others seek silence. Judge Hames slowly rose from behind his desk and This is what it means to be a lawyer. U told that lawyer that the defendant might be guilty, and the next hundred after him might be guilty. But there was Roy E. Barnes is Governor of Georgia.

JUNE 2000 9 PRO BONO

Chief Justice Robert Benham’s Commitment to Serving the Community

Editor’s Note: When interviewed for this issue, Chief Justice Benham added enthusiastically, “I am very pleased to see the official publication of our State Bar dedicating an entire issue to pro bono service. I thank the Editor-in-Chief and Associate Editors for their vision and am grateful to the authors for their participation. At this time of rapidly escalating attorney starting salaries and in the midst of the lateral hiring phenomenon, it is essential that we lawyers remain true to the commitments that make our profession so special: we help neighbors in need and make equal access to the civil and criminal justice systems more than a worthy aspiration.”

ince his appointment to the Court of Appeals important today, and it’s interfacing with life, down- by Governor Joe Frank Harris in April of loading some basic principles and going on-line with 1984, the Honorable Robert Benham has your own family. . . . So I want to talk to you about constantly and consistently reminded the legal using the law to build up your community. I want to community of its responsibilities and opportu- talk to you about community service, sacrifice, the nitiesS in community service and service to the profession. role of the law and the relationship with your own After becoming Georgia’s 26th Chief Justice in 1995, family. Chief Justice Benham, time after time, has returned to this familiar theme. In a law school commencement address He concluded his remarks in the same vein: “So, on not long after assuming leadership of the Court, Chief this Graduation Day as you prepare to become lawyers, I Justice Benham addressed certain priorities: leave you with these words . . . of [a] poet, who said:

We could talk about the nuances of the law. We could Do not live, just to make a living, talk about emerging issues in constitutional law. But Rather live to make a life. I want to talk about something I think is a little more For the true measure of succeeding

10 GEORGIA BAR JOURNAL Is the service you give in the strife. of being involved in community activities. They fail to For all you’ll have left when your soul crosses the bar, realize that their profession, the law, was designed to Is the good you have done for others improve the quality of life. Life was never designed to As you journey near and far.” improve the law. With this thought in mind, I decided to encourage lawyers to become involved in community In April, 1996, The Chief Justice, on behalf of the service because it will help not only to improve their Supreme Court, chose the occasion of the Court’s 150th community, but also it will help to improve the quality of anniversary to present Amicus Curiae awards to distin- their own life.

I decided to en courage lawyers to become in volved in commun ity service because it will help n ot on ly to improve their commun ity, but also it will help to improve the quality of their own life. — Chief Justice Robert Ben ham

guished members of the Bar. These community leaders Q. Who do you believe benefits most from volunteer- were formally recognized by the Court, their peers, and ing within the community – the giver or the receiver? the legal profession at a special ceremony during the A. Not only does the community benefit from Court’s Sesquicentennial celebration. In connection with community service, the lawyers will also benefit in seeing this presentation, Chief Justice Benham answered the the community improved; and they can have a real feeling following questions on community and professional of satisfaction in knowing that they played a meaningful service: part in the improvement.

Q. What prompted you to focus on encouraging The Chief Justice has been a frequent speaker at lawyers and firms to engage in community service meetings of community groups. In one such appearance, projects? the Chief Justice surprised some in attendance by stress- A. As I was working with my son in my woodwork- ing that, while careers are important, they are not as ing shop building birdhouses for Habit for Humanity, I important as making a life and one’s community better: realized how much enjoyment I get out of working with “I’ll share with you what is on my mother’s tombstone — my son on community projects. As the saws were buzzing ‘Blessed is she who serves her God, sacrifices for her and the wood chips were flying and as the sawdust rose family and shares with her neighbors.’” up from my son’s sanding, I saw a birdhouse take form. To make not only the community but also oneself As we worked, I reflected on my quarter of a century at better, Chief Justice Benham urged those present to give the Bar. The legal profession has been good to my family, back through charity and community programs such as but life has been good to us too. It was then that I realized working with children or in nursing homes. that I go to the Court to make a living, but I go to my In 1998, to encourage community service, Chief woodworking shop to make a life. Justice Benham and the Chief Justice’s Committee on So many young lawyers are spending countless hours honing their skills as lawyers and missing out on the joy Continued on Page 76

JUNE 2000 11 PRO BONO Pro Bono 2000: A Bridge Over Troubled Waters

By W. Terence Walsh

onsider, if you will, a Rod Serlingesque extraordinary meeting of the law partnership, Bendini, Lambert & Locke.1 While outside it was a sparkling spring Saturday morning and fine strands of filtered sunlight refracted off the morning dew, inside Cthe prospect of uncharacteristic frugality hung heavy over the reluctant participants. The diplomatic managing partner opened the meeting with some innocuous reporting that served only to increase rampant anxiety about the central purpose of the meeting. “With all due respect, let’s get on with it,” advanced one partner. “We might as well start examining options in an effort to find out how the

12 GEORGIA BAR JOURNAL JUNE 2000 13 heck we’re going to pay for it,” said another. By “it” was tions: “I’ve got it! Look there, in the non-billable time meant the absolutely unprecedented seismic explosion in keeping. In the aggregate, last year we devoted over five associate compensation. While the epicenter of the quake percent of our otherwise billable time to pro bono legal was the Silicon Valley, its effect rippled inexorably work. The value of that time approximates our projected eastward, exploding compensation levels in all legal revenue shortfall, so all we have to do is convert pro bono communities in its path. time to billable and our financial model regains momen- The managing partner, knowing that a significant hit tum. We will have reduced a fiscal mountain to a mere to per partner income might relegate him to hostage bump in the road!” status, began to throw out other possibilities. There Until then, the humanists had held back while the followed an examination of the expense budget, the number crunchers had the floor. At this point, however, a possibility of raising hourly rates, and other ways to mature, plainspoken partner, Atticus, known for his broaden the revenue base. In the course of these discus- unconditional and compassionate dedication to numerous sions, the partnership unwittingly divided physically into pro bono efforts, rose with dignity and said, “Our pro three groups: the bean counters, the humanists, and bono commitment is this law firm’s soul, its essence. It “others.” When the subject of reducing certain perks from always has been and, especially in times like this when the expense budget was raised, the first group, in a our financial plan is sorely challenged, must be absolutely fashion akin to a Euripidian chorus of Johnny Cochran’s, insulated from such pressures. Reducing service to our in unison said: community and our profession cannot be an option.” A significant number of partners concurred, creating a clear Someone else needs to pay; impasse. The managing partner appointed a committee to It’s always the better way. study the situation and report back immediately. This article suggests that the current national climate Later, the partners discussed raising hourly rates a in law office economics casts the above dynamics in high second time in a 24-month period. Not surprisingly, the relief, thereby affording us an opportunity and, perhaps, consensus was to conduct a new, anti-trust sensitive the necessity to reconsider and reaffirm the “why” of pro survey of selected firms’ rates. Meanwhile, the bean bono service.2 counters opined with vehemence: Why Do It? With our providential power We will goose the billable hours! I believe that, to be a complete lawyer, one must have Gotta jack the time a deep and abiding passion for justice. Isn’t that why most To boost the bottom line. of us went to law school in the first place? In private practice, this fervor must be tempered by one’s billable As soon as the topic of bringing in new laterals was workload. Yet, the fire is always burning. It is not an suggested — this prospect being rendered more remote ephemeral commitment that one switches on and off. It due to the fact that there were few firms that Bendini had can’t be relegated to hypothetical but non-existent spare not previously victimized — the chorus responded: time. In my experience, poor people do not get arrested or dispossessed at convenient times. When the need presents Associate pain, we gain itself, other professional and personal workloads are Let the partners be sustained! juggled in the pursuit of justice. For those of us in civil practice, constitutional issues involving life and death are As the humanists, first, and then the others were infrequent visitors. In such a practice, it is easy to experi- irritated by this rhythmic rhetoric, the managing partner, ence a full (i.e. totally consumed) life, but is it a fulfilled trying to restore a semblance of order, suggested, “Let’s life? And, if not, where is fulfillment found? look at our inventory of business to see where we’re spending our time. Maybe there are efficiencies to be It is Invigorating and Satisfying. gained there.” After concluding that certain transactional Judge Harry Edwards, in a provocative article pub- work was not yielding the desired realization and that lished almost 10 years ago, stated, “A person who de- some contingency-basis litigation had been busts and ploys his or her doctrinal skill without concern for the were to be avoided in the future, the brooding group was public interest is merely a good legal technician — not a startled by the excited utterance of the head bean counter, good lawyer.”3 It is in pro bono service that true enrich- Lance deBoyle, whose vexing voice pierced the delibera- ment of one’s professional life occurs. As Will Rogers

14 GEORGIA BAR JOURNAL said, “A man makes a living by what he gets — he makes they would be even more clamorous to pay than creditors a life by what he gives.”4 Justice Oliver Wendell Holmes, are to receive.”10 speaking to some Harvard undergraduates about the legal I believe that our better angels and our own true profession after describing many mundane aspects of the interests are nourished and sustained by pro bono service practice, concluded by stating the following: and, thus, we gain self-esteem and satisfaction from such contributions. What is all this to my soul? ... How can the laborious study of a dry and technical system, the greedy watch It Meets a Demonstrated Community Need. for clients and practice of shopkeepers’ arts, the man- The extent to which the need for legal services, nerless conflicts over often-sordid interests, make out a particularly among the poor, are unmet varies from source life? . . . If a man has the soul of an idealist he will make to source, but it is significant regardless of the method of — I do not say find — his world ideal. . . . [H]e may measurement.11 Most lawyers subsist as a consequence of wreak himself upon life, may drink the bitter cup of the health of their legal communities. While trying to heroism, may wear his heart out attract new clients is not an after the unattainable.5 appropriate goal of pro bono service, it may well be a conse- It is a Way to Express Deeply quence. Certainly, indigent Felt Religious and Ethical Pro bon o activities are n ot citizens’ access to the justice Commitments. spare time, an cillary activities; system has a direct bearing on The word “ethical” in this community health. Also, by case refers to “ethos,” or moral rather, they defin e who we, as enlisting segments of the bar in character, as opposed to the pro bono service, we can Canons 1, 2, 8 interpretations. I lawyers, are. leverage our discrete resources do not believe ethical rules are and have a greater impact. As what induce pro bono service (see below). I know best the Mark Twain said, “To be good is noble; but to show Christian faith, but I feel certain that counterpart precepts others how to be good is nobler and no trouble.”12 are contained in Buddhism, Islam, and Judaism. In Christianity, love of God and neighbor are inextricably It Affords Leadership Opportunities. intertwined, as evidenced by the two great command- It is axiomatic that in all law firms, regardless of size, ments described in Matthew6 and The Good Samaritan there are only so many opportunities for leadership and, parable in Luke.7 thus, if a lawyer is determined to pursue his or her leadership aspirations only in the law firm context, that As the consciousness of our relationship to God de- lawyer will often become frustrated. On the other hand, velops, the sense of solidarity with our fellow men the need for leadership in the pro bono community is [and women] increases. This sense of solidarity with infinite and can be limited only by our collective inertia. the neighbor should serve as an impetus for Chris- tians to develop and manifest qualities such as jus- It Affords Opportunities for Training and Client tice, impartiality, unselfishness, . . . sincerity, . . . and Contact. benevolence.8 In this highly specialized legal environment, young lawyers often encounter training that consists more of That we should find pro bono service uplifting, observing than actually doing. Yet, beginning lawyers meaningful, and self-esteem building in a religious or crave client contact and the ability to have their “own” ethical context is entirely consistent with Lincoln’s cases. Through pro bono opportunities, lawyers can reference, in his First Inaugural Address, to “the better improve communication skills,13 gain trial experience,14 angels of our nature.”9 In a lighter vein, Georgia’s broaden their legal perspective,15 and experience eye- legendary Chief Justice Logan Bleckley referred to moral opening direct contact with poverty-related problems.16 character in a legal context with his tongue-in-cheek description of the proper treatment of debt: “Blessed is It is Good for Recruiting New Lawyers. the man that pays. The practice of paying promptly, and Recent law school graduates, uninitiated in the to the last cent, tends to the cultivation of one of the most pressures of the billable practice of law, are disposed to excellent traits of human character. If debtors were guided by their own true interests, on an enlarged scale, Continued on Page 81

JUNE 2000 15 PRO BONO Taking a Second Look At Pro Bono

By Esther F. Lardent

n Georgia, as in many areas around the nation, the And technology has emerged as a pivotal player in the late 1970s and early 1980s was a time of great legal arena. These are all factors that many of us could innovation and growth for pro bono service. It was not have imagined even 20 years ago. a time when many organized pro bono programs The delivery of legal services to the poor has also were created as a result of 1) growing interest in changed dramatically and become more complex in the andI support for volunteer legal services, and 2) height- process. Downturns in federal funding have led to the ened demand for legal assistance by the poor, due to emergence of Interest on Lawyers Trust Accounts cutbacks in federal funding. (IOLTA) and other non-federal funding sources. With these developments have come broad restrictions on the Chan ges in Our Midst work that publicly funded legal services programs may undertake. Specialized legal service providers that focus Since that “heyday” of pro bono activity, the legal their efforts on a single legal issue or segment of the profession has grown and changed dramatically. Lawyers population have proliferated. The use of technology and practice in a greater variety of settings, yet at the same new approaches to client service have also impacted legal time they have become more specialized. The legal services, spawning greater reliance on pro se mecha- economy has experienced roller coaster-like ups and nisms, hotlines, and online provision of information and downs. Laws have become more complex and pervasive. materials.

16 GEORGIA BAR JOURNAL Litigation

Business

Real Estate Policy Advocacy

Family Law Housing

The most dramatic changes of the past 20 years, In n ovation is the Key to Success however, have been the public policy shifts that have so fundamentally impacted the lives of low-income persons. In acknowledging this upheaval and rapid and These changes have literally transformed the lives of profound change, it is important to ask how pro bono those least capable of adapting easily to change — the legal assistance can and should adapt in response to these poor, the elderly and children. These public policy shifts changes. I cannot claim more than passing familiarity include the following: 1) the devolution of many pro- with Georgia’s pro bono programs. On a national basis, grams from the federal to the state level, 2) the transition however, it appears that most pro bono programs have, from welfare to a work-based system of temporary for the most part, remained relatively static over the past assistance for poor families, 3) far greater restrictions on 20 years. They enroll about the same percentage of the immigrants’ benefits and rights and on the ability of this total attorney population, conduct intake, screen and place fast-growing segment of the population to access the matters in much the same way that they have traditionally courts to challenge those policies, 4) severe curbs on done so, focus on the same types of cases and activities prisoners lawsuits, 5) fundamental shifts in the direction that they have in the past, and maintain similar structures of housing and health care programs for the poor, and 6) and staffing patterns. more limited access by death row inmates to habeas Some programs, of course, have been innovators. In corpus review. Georgia, Atlanta Volunteer Lawyers was one of the first

JUNE 2000 17 pro bono programs to establish a Web site. The Atlanta Even more notable was the fact that, while there was Legal Aid Society’s Fellowship program has enlisted a greater need for legal assistance in a variety of non- more law firms than many other cities in the nation. The family matters, there was also far less likelihood that Alanta Bar Association’s Truancy Intervention Project is those with non-family law problems would locate legal an early example of the growing trend toward holistic (i.e. help. The ABA study found that while more than three interdisciplinary) services for low income persons and quarters of those with a family law problem actually got families. And the Georgia Bar’s ABC program is a the legal assistance they needed, 70 to 90 percent of low- leading example of the new trend of involving non- income households with non-family law problems failed litigation lawyers in providing transactional/business to get such assistance. assistance to nonprofit groups that serve low-income The findings of a Georgia legal needs study con- individuals and communities. ducted in conjunction with the ABA study are strikingly In light of the heightened need today for pro bono similar. The three greatest areas of legal need among low- assistance, it is absolutely essential that pro bono pro- income households in Georgia were consumer and grams and their supporters step up the pace of innovation finance, housing, and community and regional problems. and reshape their goals and Family law (including services, so that they can divorce, adoption, guardian- respond effectively to the ship, domestic violence, legal problems emerging While there was a greater n eed for etc.) was a distant fourth. from a new and changed Some find these survey environment. legal assistan ce in a variety of n on - results untrustworthy, noting that many, perhaps A. Widening Service family matters, there was also far the vast majority, of those Priorities who contact legal services For the most part, pro less likelihood that those with n on - and pro bono programs in bono programs today family law problems would locate search of assistance seek maintain a very narrow help for family and domes- substantive focus. Accord- legal help. tic relations problems. This ing to the Legal Services client demand, however, Corporation, for example, reflects only legal needs 59.6 percent of cases closed by pro bono programs in that are easily recognized as such by low-income persons. 1996 involved family law matters. The percentage of Everyone, no matter how inexperienced in the law and housing and public benefits matters closed by pro bono the legal system, knows that they need legal assistance lawyers in that same year actually decreased somewhat. when they are seeking a divorce or child custody matter. While domestic relations problems are obviously very All too often, as the ABA studies show, low-income important, they are not, contrary to conventional wisdom, families — facing eviction, lack of access to health care, the area of greatest unmet need among low-income per- denial of public benefits, or consumer fraud — are not sons. The American Bar Association’s Compre- aware that the law offers a remedy for their problem. And hensive Legal Needs Survey, even when they recognize their need for legal assistance, conducted in 1993, the study results demonstrate that they almost never find a showed clearly source of desperately needed help. that other Since the 1993 ABA and Georgia studies, the legal problem problems of low-income households have changed even areas — more dramatically. In this era of welfare-to-work employ- such as ment, issues undoubtedly loom large in the lives of poor housing, health, persons. Problems like lack of transportation and afford- employment, able childcare have greater impact. Increasingly, tax finance and con- issues, such as the Earned Income Tax Credit, and a high BUSINESS sumer issues, and incidence of audits among low-income taxpayers have community/regional become more prevalent and more important. problems — generated more Family law matters continue to be important. My need for legal services than point is that it is essential, particularly in helping low- family law matters. income families make the transition from welfare to

18 GEORGIA BAR JOURNAL work, that other, even more frequently experienced — yet bono programs can fill the gap by infrequently addressed — legal problems also receive the providing assistance. support of pro bono lawyers. For example, pro bono attorneys can Widen in g the Ran ge of Services represent a group of low-income POLICY Many pro bono programs also continue to call upon a parents whose narrow range of lawyer advocacy skills — typically goal is to use ADVOCACY litigation and advice and brief counsel. However, new state revenues problems and changing times demand different strategies (whether tobacco and skills. The good news is that those skills are often settlement funds, state available in abundance among private practitioners. The surpluses or unused federal bad news is that often, pro bono programs simply do not welfare-to-work money) to subsidize childcare costs of effectively tap into those skills because they are focused poor families. They can assist a community group seeking on litigation cases and brief advice clinics. How else to mitigate the environmental impact of new highway could pro bono attorneys contribute? Here are a few construction in their neighborhood. They can work with a examples: welfare rights organization to alter regulations that often Business and transactional pro bono. There is a unfairly result in denial of public benefits. growing awareness that helping to build stronger non- Research projects. Lawyers who do not choose to profit institutions, particularly community groups, can litigate can benefit the lives of many low-income persons ultimately help low-income persons directly. In larger law by using their research skills to undertake legal or factual firms as many as half of all the lawyers may be non- research on issues of great import to the poor. Research litigators who have specialized skills and expertise that projects in other parts of the country have involved issues these nonprofit groups need. In the past, non-litigators such as the disproportionate tax burden on working were often either encouraged to undertake litigation work families in one jurisdiction, the inadequacies of the foster or were underutilized. Asking a senior tax or corporate care program in another, and the need to equalize public expert to draft by-laws or seek tax-exempt status is like school funding in a third state. asking a 20-year litigator to take on an uncontested Unbundled legal services. Increasingly, courts, divorce. lawyers, and legal services providers have realized that What can non-litigators do? They can handle the there is a “third way” between providing the full range of complex financing, real estate, and zoning issues involved representation and turning clients away. Unbundled legal in the development of an affordable housing project or the services often involves assisting the growing number of improvement or creation of tenant ownership of existing pro se litigants by providing carefully agreed to limited housing. They can work with community groups to site a legal advice, guidance and services at points in the matter grocery store, mall, or major employer in economically where an attorney’s involvement can be most useful. For depressed communities. They can help small nonprofits example, in a jurisdiction that accommodates pro se comply with an increasingly complex set of compliance litigants in uncontested divorces, those litigants may still and accountability requirements. They can work with a seek out lawyers to draft their financial and property coalition of neighborhood groups to promote small agreements. By using pro bono attorneys to provide more businesses that aid low-income persons — low-cost than simple advice, but less than full representation, childcare providers, laundromats, computer skills training programs can maximize attorney time while acknowledg- companies, rural food cooperatives, and so much more. ing the growing interest among clients in becoming more Policy advocacy. Attorneys for major corporate fully involved in their legal matters. clients often address systemic concerns or recurring Other non-litigation skills that can and should be problems by either proposing new legislation or changing tapped include tailored community education and dispute existing onerous laws. Many firms now have a public resolution. These activities, as well as those featured policy expert or department, working with the executive above, are regularly undertaken by lawyers in private and legislative branches and with administrative agencies, practice on behalf of their paying clients. They could and to rework or reinterpret existing policies, laws and should be accessible to poor persons as well. regulations to benefit their clients’ interests. Now that Legal Services Corporation-funded programs are, for the most part, unable to undertake this type of advocacy, pro Continued on Page 74

JUNE 2000 19 PRO BONO

JUVENILE COURT SUCCESS STORIES ABOUT CHILDREN AND FAMILIES What a Welcome Change in the News

By Judge Sharon N. Hill

In troduction significant stresses at home . . . that weaken family bonds.”2 rom reports of school shootings to shoplifting If these studies are correct, then addressing the scams, the media is saturated with news stories educational neglect of young children and the truancy of of children committing shocking crimes. We as older children should be the first order of business of any a community are saddened and stunned by Juvenile Court. Since 1991, the Fulton County Juvenile these reports and are left seeking answers to Court has done just that, put the focus on the front end of Fthe heartfelt questions: How can we as a community stop delinquent behavior rather than on the back end, in an the harm before it starts? How can we prevent the cre- effort to slow the creation of more victims in our commu- ation of another victim? How can we change these young nity and in an effort to help children and their families get peoples’ lives for the better? back on the right track. This article discusses an ex- While there is no absolutely infallible predictor of tremely effective program that the court is using to future delinquent behavior, a number of studies have accomplish these goals and provides some real-world focused on school failure as a starting point.1 According examples of how the program is improving the lives of to these studies, “the children most at risk [for serious those families that it touches. delinquency] are those who by age ten have learning difficulties in school, especially in reading, and who face

20 GEORGIA BAR JOURNAL Truan cy In terven tion Project unable to come to the school to pick Emily up when the school called. Sarah was also convinced that the school The program is known as the Truancy Intervention would then call the Fulton County Department of Family Project (TIP), which is a joint effort of the Fulton County and Child Services (DFACS) and report Sarah’s neglect. Juvenile Court and the Atlanta Bar Association, and is However, the outcome of Sarah’s case was much more now in its ninth year. Since the first child was served in positive than Sarah imagined once TIP became involved. 1992, TIP has helped more than 1,200 children. Of the First, a TIP Probation Officer, a DFACS caseworker children served before January 1, 2000, more than 70 and a Volunteer Attorney Guardian Ad Litem (GAL) were percent have not returned to Juvenile Court for any assigned to the case. Sarah was represented by a court- reason. appointed attorney and received assistance in applying for TIP serves two types of children: (1) Children 11 PeachCare for Kids. With this low cost health insurance,5 years old or Emily received treatment for her asthma. Once the younger treatment was in place, and once Sarah who are not understood that she must let going to the school know school each time because of Emily their had to parents’ miss neglect of school their due to education. illness, This type of Emily’s child is unexcused suffering absences from what is diminished known as dramatically. “educational The educational neglect,” neglect was which is a resolved, much to form of Emily’s delight, deprivation; because she loves and (2) school, and much to children 12 the relief of Sarah, who years old or had been at her wit’s end older who worrying over her. are skipping In another recent case, school Ben, an eight-year-old, had without their missed 33 days from school parents’ without any legitimate knowledge or approval. This type of child is involved in excuse. In investigating the “truancy,” which is a status offense. case, the TIP Probation Officer learned that Ben’s mother, Destiny, had been pregnant A. Educational Neglect during much of the time that the child was missing school Sometimes, Educational Neglect cases are easy to and eventually delivered a baby girl who tested positive resolve. For example, in a scenario seen many times over, for cocaine. Before the hearing, the volunteer attorney Sarah,3 a low-income, working mother who lacked both GAL, the TIP Probation Officer and the DFACS case- health insurance and transportation, decided that she had worker conferred with Destiny and her attorney. Destiny no choice but to keep her six-year-old4 child, Emily, agreed to accept help in overcoming her cocaine addic- home from first grade because Emily suffers from tion. At the court hearing, Destiny was placed under a asthma. Sarah thought that if she sent Emily to school and protective order and was required to attend and complete she suffered an asthma attack, then Sarah would be a drug treatment program. Not only did the mother

JUNE 2000 21 complete the program successfully, she also completed a either will not be sustained or will be closed quickly after job placement program through DFACS and obtained adjudication, once everyone is confident that the prob- full-time employment with the employer that had offered lems have been resolved. the job training. Destiny also attended school conferences In a recent truancy case, David, a 15-year-old, came as required by her protective order and insured that Ben to the court’s attention because he had missed 71 days of had perfect attendance for the remainder of the school year. school without excuse, and had been in school only 18 That case was closed satisfactorily after only seven months. days by the time a school social worker had filed the truancy petition. In the previous school year, David had B. Truancy missed 99 days of school. He was a special education While the court is handling increasingly more Educa- student who was known by the school to be a “virtual tional Neglect cases, the bulk of the TIP caseload contin- nonreader,” but who was required to attend ninth grade ues to be Truancy cases involving students from age 12 to special education classes in literature/composition, math, 16 years. Some Truancy petitions allege as few as 15 biology, political science and occupational planning. unexcused absences from Being a “virtual non- school, while others reader,” David was allege more than 100. A destined for failure under volunteer attorney is On e importan t resource is the court’s such a curriculum; assigned to represent the therefore, the reason for child in court on truancy Education al Advocate program, wherein his truancy was not a matters. Many times, attorn eys train ed in the federal an d mystery to the court. A particularly in those combination of court cases with high absentee- state special education al laws are paid insistence and the ism, the child admits to appointment of an the truancy. The main job from a gran t to help behavior or educational advocate of the volunteer attorney helped to change David’s at that point is to repre- learn in g disabled children obtain the educational life. sent the child in disposi- Now, David has a tion and to assist the special education services they n eed in schedule of the following child in carrying out the classes: Functional requirements of his the public school settin g. English, Functional court-ordered supervi- Math, Pre-Vocational sion. Skills, Personal Management, JROTC, and Occupational If a volunteer attorney suspects, however, that the Planning. At his most recent review hearing, the court child’s truancy is due to an underlying problem, such as learned that, since the implementation of this new sched- an undiagnosed learning disability or the parent’s failure ule, his attendance has improved significantly. He has to maintain stable housing for the child, the volunteer also had two internships: in the first, he worked in a bank attorney may seek to continue disposition to put certain sorting checks by check number, and in the second, he resources or alternative plans in place. One important worked as an assistant in a nursing home. The young man resource is the court’s Educational Advocate program, reportedly enjoyed both employment experiences and wherein attorneys trained in the federal and state special even liked wearing a suit (provided by the school) when educational laws are paid from a grant to help behavior or he worked at the bank. The educational advocate, along with learning disabled children obtain the special education the volunteer attorney, have reported that the school’s goal services they need in the public school setting. in the functional reading and math program is for David to If lack of stability is the problem, the volunteer achieve a third or fourth grade level so that he can read attorney, along with the TIP Probation Officer, may employment “want ads” and complete job applications. That suggest to the parent an alternative plan: that the parent particular court hearing ended with David smiling broadly transfer temporary legal guardianship over the child to a and his mother having real hope for the future. stable relative to allow the child to go to school while the parent works on restoring stability to the home. If the C. Educational Neglect and Truancy in the child takes advantage of these opportunities by going to Same Family school regularly, even after having missed so much There are times when the court addresses both an school in the past, then it is possible that the truancy case educational neglect problem and a truancy problem at the

22 GEORGIA BAR JOURNAL same time in the same family. Recently, Ally, an eight- Likewise, school success is something everyone year-old child, came to the court’s attention when she had wants. While school failure can lead to teen pregnancy, missed 24 days of school and was tardy almost every day delinquency, victimization and unsafe communities, that she did come to school. The child had a poor history school success can lead to productive lives and a power- of attendance dating back to kindergarten. Because of her ful measure of happiness, outcomes of which everyone in mother’s suspected substance abuse problem, the family the community can be proud. Programs like TIP can was referred to DFACS for help. The mother was placed make a real difference in a child’s life, a parent’s life and under a protective order to cooperate with DFACS and to the volunteer attorney’s life. Pro bono efforts like TIP are send Ally to school. a credit to the attorneys who serve in them and to the A few weeks later, the school social worker filed a communities in which they are offered. To learn more Truancy petition on Ally’s 14-year-old sister, Jessie. The about how to start a Truancy Intervention Project in your volunteer attorney who served as the Guardian ad Litem county’s Juvenile Court, please contact Jessica in the educational neglect case for Ally volunteered again Pennington, Executive Director, Kids In Need Of Dreams to serve as the attorney for Jessie. Jessie had missed 44 Inc. at (404) 584-9500 or Terry Walsh at (404) 881- days from school without excuse. After a hearing, she 7161. U was placed under court supervision to monitor her school attendance. Jessie was also evaluated by the Child & Associate Judge Sharon N. Hill was appointed by former Chief Judge Adolescent Psychiatry Clinic at Grady Hospital and Glenda Hatchett of the Fulton County Juvenile Court in 1997. Prior to thereafter began individual therapy. her appointment, she practiced at Sutherland, Asbill & Brennan, Meanwhile, it became clear to the professionals Troutman, Sanders, and was a staff attorney at Atlanta Legal Aid Soci- involved in the two cases that Ally and Jessie’s mother ety. She received her B.A. degree from Williams College in 1981 and her was indeed abusing illegal drugs. She was tested by J.D./MBA from Emory in 1985. In addition to her other duties, she hears DFACS. The results of the test were positive for cocaine. all cases assigned to the Truancy Intervention Project. DFACS then placed her in an outpatient substance abuse Judge Hill extends a special “thank you” to TIP Probation Officers Penny treatment program, which she attended regularly. With the Wright and Harry Hudson for contributing case examples for use in this mother’s permission, Jessie moved in with a family friend article. while the mother worked on straightening out her own life. The outcome of this double case was positive: with En dn otes Jessie and Ally’s mother in treatment, Ally’s school attendance improved significantly and her tardiness 1. THE DEVELOPING PERSON THROUGH THE LIFE SPAN, Berger, 4th dropped dramatically. Jessie’s school attendance im- ed. (1998), at 454 (citing Kupersmidt, J. B., Coie, J. D. (1990): Preadolescent peer status, aggression, and school ad- proved significantly as well. justment as predictors of externalization problems in adoles- cence, Child Development, 61, 1350-62; Moffitt, Terrie E. (1993): The neuropsychology of conduct disorder, Develop- Con clusion ment and Psychopathology, 5, 135-51; Sampson, Robert J., & Laub [sic], John N. (1993): Crime in the making: Pathways The Truancy Intervention Project has been tremen- and turning points through life, Cambridge, MA: Harvard dously successful in Fulton County, but it is not meant to University Press.). be kept a secret. In fact, an adaptation of TIP has been 2. Id., (emphasis in original). successfully utilized by Judges Robert Rodatus and 3. Please note the names and situations described in this article are not actual names and situations, but are merely based on Stephen Franzen in Gwinnett County. Discussions are cases we have seen. underway to share the TIP model in other jurisdictions. 4. The Compulsory School Attendance Law (O.C.G.A. § 20-2- The tax-exempt legal entity that supports TIP, which is 690.1) also attaches to “[a]ll children enrolled for 20 school known as Kids In Need of Dreams, Inc., has created a days or more in the public schools of [Georgia] prior to their presentation that it shares with other counties to show seventh birthday . . . .” O.C.G.A. § 20-2-150(c). 5. PeachCare for Kids is health insurance for the children of the how the program can work in any environment. One of working poor. The premiums are only $7.50 per month per the founders of TIP, Terry Walsh of the law firm Alston & child and not more than $15.00 per month per family regard- Bird, has remarked that a primary goal for TIP now is to less of the number of children in the family. Children under “export” the concept throughout Georgia. Walsh ob- age 6 are covered free of charge. Applications can be ob- tained by calling toll-free 1-877-GA PEACH (1-877-427- served: “Unfortunately, no one has a monopoly on school 3224). failure,” whether the schools are in urban, suburban or rural areas.

JUNE 2000 23 PRO BONO Airmen Gain Access To Georgia Courts

By Colonel Fraser B. Jones Jr.

n November 30, 1999, Major General state court or administrative proceeding. William Moorman, Judge Advocate ELAP is a program that promotes equal access to General for the United States Air Force, justice. It is intended to make state courts accessible to gave approval for Robins Air Force Base military members who would otherwise have difficulty to conduct a test program allowing Air obtaining legal representation. In doing so, ELAP helps ForceO attorneys to represent military personnel and their ensure that important legal matters confronting its junior families in civil court. The test program, called the enlisted personnel are not ignored. For those whose Expanded Legal Assistance Program or ELAP, marks a economic situation affords them the least access to watershed for the Air Force Judge Advocate General’s Georgia’s court system, ELAP affords equal representa- Department. It is the first time Air Force attorneys have tion, and thereby greater opportunity. been permitted to enter appearances in connection with Active-duty members serving in the grade of E-4 private civil litigation involving individual military (senior airman) or below, their immediate family members, clients in judicial or administrative proceedings. and active-duty members who qualified for earned income The Air Force has long had a program to provide credit on their last federal income tax return will be eligible legal advice on personal, civil legal problems to airmen, to receive legal services under ELAP. In developing eligibil- military family members and military retirees. Eligible ity guidelines, the Robins Air Force Base Legal Office clients receive wide-ranging legal services including looked to the financial guidelines followed by the Georgia assistance with wills, living wills, powers of attorney, Legal Services Program. Approximately 18 percent of the notary services, dependent care issues, Soldiers’ and nearly 5,000 clients seen by the Robins Air Force Base Sailors’ Civil Relief Act issues, veterans’ reemployment Legal Office each year fall within this range. rights, casualty affairs, landlord-tenant and lease issues, Phyllis J. Holmen, Executive Director of the Georgia and tax matters. However, until ELAP, Air Force attor- Legal Services Program, has indicated that her agency’s neys were prohibited from representing their clients in a regional offices often receive requests for assistance from

24 GEORGIA BAR JOURNAL members of the military or their families; and, while The Pro Bono Project, State Bar of Georgia; and Judy Legal Services provides what help they can, their re- Davenport, Domestic Relations Coordinator, Georgia sources are not enough to totally meet this need. The Legal Services Corporation, to discuss ELAP. The Robins Robins Air Force Base program should help to fill that Air Force Base program received the unanimous support void. With the approval of Robins Air Force Base as the of everyone who attended the meeting. Air Force’s test base for ELAP, the authority to provide The value of the program was clearly demonstrated in greater and better representation for the most financially the first case handled by the Robins Air Force Base Legal vulnerable service members has been enhanced. Office. The case involved a military family with a child born The types of civil court actions that will be handled out of wedlock in a Western state. The family desired to under ELAP have been narrowed to those best suited to legitimize the child but needed the appropriate court order

The authority to provide greater an d better represen tation for the most fin an cially vuln erable service members has been en han ced.

the needs of military clients and the Air Force, in light of authorizing a change in the child’s birth certificate. Debby the resources available to support the program. Air Force Stone of the Robins Air Force Base Legal Office handled attorneys will be authorized to represent clients in land- the matter through an uncontested legitimation action in the lord-tenant, breach of contract and consumer affairs cases Houston County Superior Court. The filing was quickly in Magistrate Court; guardianships, probate and adminis- accomplished and the court order followed promptly tration of estates, application for years’ support in Probate thereafter. The military family was extremely appreciative of Court; and uncontested adoptions, name changes, legiti- Stone’s representation in that matter. mations, and paternity actions in Superior Court. ELAP The Robins Air Force Base Legal Office is genuinely does not extend to representation of clients in any form of excited by the opportunity to lead the way in developing criminal proceedings, divorce cases, or personal injury new and better legal services for the active-duty men and actions. All cases will be handled by civilian attorneys women of the United States Air Force. U employed by the Air Force at Robins Air Force Base who are members of the State Bar of Georgia. Colonel Fraser B. Jones Jr. is currently assigned as the Staff Judge Ad- In January, representatives from the Robins Air Force vocate of the Warner Robins Air Logistics Center, which is the largest Base Legal Office met with Houston County judges and industrial complex in the State of Georgia. His principal responsibilities representatives of the Houston County bar including Hon. include supervising a staff of 38 attorneys and paralegals who provide George F. Nunn, Chief Judge of the Houston County legal support for all Air Force operations there. Colonel Jones is a 1976 Superior Court; Hon. Janice Spires, Judge of the Houston honors graduate (economics) from Michigan State University, and a 1979 County Probate Court; Hon. David M. Pierce, Chief graduate (J.D.) of New York Law School. He received his commission Judge of the Houston County Magistrate Court; Hon. under the Air Force Direct Appointment Program in April 1980. Colo- Brenda H. Morton, Judge of the Houston County Magis- nel Jones earned a masters of law degree in labor law as an Air Force trate Court; H.J. Walker III, President of the Houston Institute of Technology student in 1989, graduating from the Georgetown County Bar Association; Michael E. Monohan, Director, University Law Center with distinction.

JUNE 2000 25 PRO BONO

Is This Any of Your Business?

By Mike Monahan

here are about a million people in Georgia Nonprofit Resource Center, Georgia is home to 14,155 living at or below the federal poverty guide active charitable organizations.1 Georgia’s nonprofit lines, most living not in the community is comprised of arts organi- shadows of Atlanta’s zations, child care, health and education skyscrapers but in our programs – the full range of commu- smallerT cities and towns. They have their nity-centered activities. The top one- share of landlord/tenant and consumer third in terms of organization budget is problems. Domestic violence remains distributed over 138 of Georgia’s 159 entrenched. The aim of civil legal counties with over one-half located in services and coordinated pro bono metro Atlanta alone.2. Thus, rural areas programs is to meet these most critical of Georgia lag behind the rest of the personal legal needs of low-income state in nonprofit activity that draws Georgians. Until recently, the pro bono outside capital, improves the commu- community has overlooked another nity, and increases work and entrepre- pressing need: community economic neurial opportunities. Lawyers in rural development. Business lawyers can help Georgia and in Atlanta can, however, build communities by volunteering to be make a difference and correct that lawyers for the poor, handling legal situation. matters associated with economic In 1997, the State Bar of Georgia development and microenterprise efforts. Cora Johnson and her Doll created the A Business Commitment Georgia’s nonprofit sector is healthy Project were helped by the ABC Committee. The goal of this committee and growing. According to the Georgia Committee. is to encourage business lawyers to

26 GEORGIA BAR JOURNAL volunteer their time by handling legal matters for emerg- the American Bar Association Section on Business Law ing or existing nonprofit businesses serving the poor, or and uses all volunteer lawyers, from solo practitioners to for microenterprise efforts within the low-income com- lawyers from small, medium and large firms. Through a munity. The Committee works hand-in-hand with Georgia structured, coordinated pro bono program like the ABC Legal Services in an effort called the “ABC Project,” Project, business lawyers can provide assistance to which matches volunteer lawyers and community-based individuals that otherwise may not be able to afford legal groups. Numerous community-based organizations have counsel. To volunteer, please contact the State Bar Pro emerged recently in response to state and federal welfare Bono Project at (800) 334-6865 or via e-mail at reform initiatives. Many of these groups will seek non- [email protected]. U profit organizational status, but because of their nature, many existing Georgia nonprofit organizations and Mike Monahan is the Director of the State Bar Pro Bono Project. The emerging organizations lack the resources to obtain Pro Bono Project’s mission is to involve volunteer lawyers in the coordi- necessary legal counsel. Many more are unaware that nated delivery of legal services. He works with the Bar’s Access to Jus- they may have a legal issue. Many nonprofit organiza- tice Committee and the A Business Commitment Committee. tions, rushed into creation, need legal audits and advice on corporate restructuring. Volunteer lawyers handle such matters as incorporation, tax exemption, real property En dn otes issues and contracts, as well as just about any legal issue arising in the business context. 1. Snapshots: Georgia Nonprofits, NONPROFIT GEORGIA (Non- The Georgia ABC Project is a model pilot project of profit Resource Center, Atlanta, Georgia) Winter 2000, at 6. 2. Id. at 8.

S. Ga. Medation pickup 4/00 p7

JUNE 2000 27 PRO BONO The Grandparents Project A Pro Bono Collaboration Between The Atlanta Legal Aid Society and Kilpatrick Stockton

By Steven Gottlieb and Karen Steanson

urrently, more than 1.5 million children in “retired” household can be both a financial and an the United States are being raised by their emotional strain on the entire family. The voracious grandparents. Whether it is because their appetite of a fourteen-year-old boy, who guzzles down a parents are addicted to drugs, are abusive, quart of milk without taking a breath, can devastate a or are hospitalized, these children have small Social Security income. Many grandparents who Cfound security and a stable home only by living with their live on fixed incomes have been forced to stretch their grandparents. Such family arrangements, however, face limited means to feed, shelter, and clothe several children, problems that are often difficult to overcome. Fortunately, as well as themselves, sometimes over a period of years. in Georgia, the Grandparents Project—which provides Furthermore, children who come to their grandparents pro bono legal services to “skipped-generation” fami- under traumatic circumstances often need special psycho- lies—is available to lend a helping hand. logical counseling or physical treatment to overcome their This article discusses the problems facing “skipped- rough beginnings in life, and such treatments can be generation” families, explains how the Grandparents costly. Project got its start, and discusses the impact the Project In addition, the legal relationship of the “skipped- has had to date. generation” family is often unclear or vulnerable. In many cases grandparents lack the legal authority to make deci- The Problems Associated with sions about the children’s educational and medical needs. And, if legal protections are not in place, there is always the “Skipped-Gen eration ” Families fear that the abusive, unfit parent may try to remove their However loving grandparents may be, the addition of child without warning from the grandparents. a rambunctious toddler or a growing adolescent to a

28 GEORGIA BAR JOURNAL The Gran dparen ts Project is Born Georgia Legal Services Program, who will handle adop- tions in other Georgia cities. For several years, lawyers at the Atlanta Legal Aid The focus of the training is to teach the volunteer Society’s Senior Citizens Law Project, which focuses on attorneys about adoption, custody orders, and guardian- the problems faced by people over 60, had noticed an ship procedures. By using these tools, the volunteers can increasing number of grandparents who were struggling help their clients formalize their family relationship. to care for their grandchildren. Government census data—which showed that the number of children being The Positive Impact of the raised by their grandparents increased by one-third between 1990 and 1994—convinced these lawyers that Gran dparen ts Project their observations were not anecdotal. The data also Through adoption, many grandchildren become showed that more of these families live in the South than eligible for financial support and continued Medicaid in all other through the areas of the State Adoption country Assistance combined. Program. To help its Instead of clients who Temporary had taken on Aid to Needy the responsi- Families bility of benefits, caring for which are their grand- $150 per children, the month for one Atlanta Legal child, $235 per Aid Society month for two, created the and $280 per Grandparents month for Project to three, Adop- provide them tion Assis- legal assis- tance provides tance. The a monthly Project started stipend of over on a part-time $340 per child. basis through If the grand- the Senior parent is Citizens Law receiving Project. In Willie Mae Parker with her granddaughters, Ciara Monae Tyler and Jazma Parker, Social Secu- 1998, support a “new” family formed with the help of the Atlanta Legal Aid Society. rity retirement from several benefits, the local founda- children can tions allowed the Grandparents Project to be assigned a become eligible for Social Security benefits, too. In a full-time attorney, Monoka Venters, who not only handled typical case where three children are adopted, the family cases herself, but developed a corps of volunteer attor- income can increase from under $1,000 to over $2,000 a neys trained to take cases that she had screened. month. This, of course, can have a dramatic impact on the The project was really able to blossom after Richard financial security of the family. A. Horder, a partner at Kilpatrick Stockton, persuaded his Through adoption, a “skipped-generation” family can firm to adopt the Project as a major pro bono commit- also gain emotional security. Until the grandparents adopt ment. The firm sponsored three training sessions that their grandchild, the grandchild’s parent can always were conducted by Ms. Venters during the first year of the demand that the grandchild be returned to them. This can program for volunteer attorneys. The 24 attorneys that graduated from these sessions include six attorneys from Continued on Page 78

JUNE 2000 29 PRO BONO Paralegals and Pro Bono

By Laurie R. Mansell

he question is often asked by both paralegals sponsored pro bono program. and attorneys – what can paralegals do to The majority of paralegals who participate in pro assist with the delivery of pro bono legal bono activities assist in the area of family law. This services? The answer to that question is includes, for example, assisting with preparation of limited only by statute. protection from abuse complaints, determining financial TThe best way for a paralegal to become involved with eligibility for pro se litigants, supervising a court-ordered pro bono activities is to join a local paralegal association. parent-child visitation or acting as a court-appointed The National Federation of Paralegal Associations Inc. special advocate for children. The assistance of paralegals (NFPA), which has 56 member associations and repre- in the family law pro bono area has become crucial to sents over 17,000 paralegals nationwide, is the oldest and providing access to justice for many low-income indi- largest national paralegal association in the United States. viduals. These more traditional pro bono activities also Many NFPA member associations have formal pro bono have gained recognition for paralegals and the profession programs and pro bono chairs who can provide paralegals with bar associations and the judiciary. with extensive information on organized pro bono pro- The ABA Comprehensive Legal Needs Study, grams in the local community. Contact information for however, estimates that while 59 percent of pro bono local NFPA paralegal associations and additional infor- involvement focuses on family law, there are great unmet mation on the NFPA Pro Bono Program may be found at legal needs in housing, health, employment, community/ www.paralegals.org. regional problems and finance/consumer problems. And If there is not a paralegal association in the local area, paralegals are responding by participating in many other paralegals should contact the local bar association or local pro bono activities as well. legal aid office for more information on becoming In Maryland, for example, paralegals are trained as involved in a pro bono program. Many paralegals also advocates who may appear before district justices on participate in pro bono activities as part of an employer- behalf of indigent clients in landlord-tenant disputes.

30 GEORGIA BAR JOURNAL Paralegals in Connecticut, working in cooperation with of unauthorized practice of law statutes in whichever the local utility company, assist low-income individuals jurisdiction they are participating in pro bono activities. in obtaining reduced-cost utilities. Other paralegals in That being said, however, pro bono is an area where New York act as precinct captains for school districts that paralegals have the greatest opportunities for an expanded are teaching students about good citizenship and the role. Pro bono resources are often scarce and the need so voting process. overwhelming that paralegal participation is welcomed Still other and additional paralegals help responsibilities residents of often assigned. homeless shelters Whether a sort out legal paralegal wants to problems through branch out and intake interview- learn about a new ing and screening, area of the law assist at AIDS through pro bono clinics or nursing training provided homes with the by pro bono preparation of providers or local wills and other paralegal associa- estate documents, tions, or enhance work with small skills and opportu- budget nonprofit nities in a current organizations to practice area, pro help them incorpo- bono activities can rate, assist new or be the avenue to struggling artists professional with intellectual growth and recog- property matters, nition, while perform legal serving those in the research on behalf community that of legal clinics that might not other- service mentally ill wise have access to clients, or com- the justice system. plete often incom- For more prehensible information paperwork at regarding NFPA, immigration its history and clinics. positions on Paralegals also various issues, see become involved Statement on with case investi- Issues Affecting the gation and moni- Paralegal Profes- toring, coordination and development of legal education sion, which can be found in electronic format at: clinics and the development and maintenance of manuals www.paralegals.org or contact: NFPA at P.O. Box 33108, and training references. And, too, environmental and Kansas City, MO 64114-0108. (816) 941-4000. Fax: citizens groups utilize the skills of paralegals on a pro (816) 941-2725 or [email protected]. U bono basis, as do bankruptcy clinics and organizations such as holocaust survivors and the American Civil Laurie R. Mansell, RP, is the NFPA Pro Bono Coordinator and the recipi- Liberties Union. ent of the 1999 Pro Bono Award sponsored by The Affiliates and NFPA. Of course, as mentioned earlier, imagination is She is the immediate past president of the Pittsburgh Paralegal Associa- tempered by statute even when it comes to the delivery of tion, where she currently serves as the NFPA Primary Representative. pro bono legal services. Paralegals always must be aware

JUNE 2000 31 Pro Bono Honor Roll The Pro Bono Project of the State Bar of Georgia salutes the following attorneys, who demonstrated their commitment to equal access to justice by volunteering their time to represent the indigent in civil pro bono programs during 1999.

Georgia Legal Benjamin Kay Ernest Kirk, II Dalton Jefferson Richard Katz Services Leon Larke Tony Kitchen (Sponsored by The Joseph H. Booth John Flanders Program John B. Long Clay D. Land Conasauga Bar Donna S. Golden Kennedy Jennifer McKinzie Elizabeth McBride Association) Walter B. Harvey A. G. Knowles Abbeville William J. Marcum Bemon G McBride, III J. Raymond Bates Thomas E. Allen Lawson David Morgan Richard T. Pacheco Ashley Cooper Scott Cunningham McCormack Hubert Lovein Albany Evita A. Paschall McKenna Tommy Goddard Jesup Robert Malone, III (Sponsored by The Marilyn Protzeller John R. Mobley, II Robert D. Jenkins Grady W. Henry William Matos Dougherty Circuit Catherine V. Ryan Elizabeth S. Morgan M. Cindy Morris W. Jefferson Hires Kirby R. Moore Bar Association) Barnesville Donald W. Morgan, Jr. Matthew Thames Alvin J. Leaphart Darryl Morton Eugene Black, Jr. Tamara Jacobs Ted D. Morgan Karen Luffman Webb LaFayette Wayne Moseley Valerie Brown- Brunswick William Nash, II Danielsville William Davis Hentz Stacey Nester Williams Robert Flay Cabiness John H. Nix, III Lane Fitzpatrick LaGrange Ann parman William Cannon Denise S. Esserman John P. Partin Dale Perry David Alan Fowler Rudolph Patterson Greg Clark Patrick J. Fetter William C. Pound Dawson Lee R. Hasty William D. Phillips Cawthon Custer Newell M. Hamilton, Jr. Houser Pugh Wilbur Gamble, III Luther W. Jones Sandra J. Popson Samuel Engram Kristi E. Harrison Pedro Quezada Donaldsonville Ricardo G. Samper Jason Priebe William Erwin Eugene Highsmith Alan F. Rothschild, Jr. William Shingler Frank Thornton Bradley Pyles Gregory Fullerton Karen M. Krider William Rumer Douglas Lakeland John Reeves Walter Kelley Ellen M. Mayoue Ronald W. Self Clyde W. Royals Molly Suzanne Robert A. B. Reichert Rodney Keys Steven L. Morgan Angela Sellers Douglasville Mathis Rhonda Roell-Taylor Michael S. Meyer von Holle Weiss-Friedman J. Mark Shelnutt Leonard Danley John W. Strickland, Jr. Ed Sell, III Bremen James A. Yancey, Jr. Larry L. Taylor Victoria Embs Lawrenceville Robbin Shipp-Matos Britt Priddy Buford Hillman Toombs Ellene Welsh Randall F. Forester Margrett H. Skinner Ralph Scoccimaro Marion Ellington, Jr. William Tucker Dublin Don Gaskill John Strauss Alma Calhoun Joseph W. Wiley Rocky Adams Leesburg Susan Teague Frank Gonzalez Barry Benton Dorothy Williams Jacquelyn Sanders William Oakes, II Richard Thornton Alpharetta Carrollton Robert D. Wilson Eastman Louisville Bryan Tiller Daniel Mitnick Michael Flinn Richard B. John P. Harrington H. Brannen Bargeron Joy Webster Americus Charles Pinkard Zimmerman, Jr. Elberton Macon Carl Westmoreland Cecelia Cooper Christopher Scott Conyers Patricia S. Bryant (Sponsored by The Shannon Williams Benjamin F. Easterlin, IV Greg Shadrix (Sponsored by The John M. Clark Macon Bar Maxwell Woods George R. Ellis, Jr. Allen Trapp, Jr. Rockdale County Ellenwood Association) Jeff Yazinski Ashburn Cartersville Bar Association) Betty Williams-Kirby Danny Akin Marietta Stephen Ivie Kelley Dial Nancy Bills Ellijay Nancy Atkinson Rachael Crow Athens Don Evans William Lavigno Robert M. Ray James Avant Martinez Brian Carney Christina Stahl John Martin Fayetteville Thomas Bohan Stephen H. Hagler Stan Durden Cedartown Albert Myers Michael Maxwell Pamela Boylan-Hill Susan M. Reimer James R. Gray Billie Crane John Nix Leonard Presberg Josephine Bryant- Maysville James S. Grimes Chattanooga, TN Paul Oeland Fitzgerald Jones John Knight Barry Irwin Charles G. Wright, Jr. Richard Schlueter Robert Chasteen, Jr. Michael Carpenter Milledgeville John Kupris Colquitt Michael Waldrop Fort Oglethorpe Brian Causey Angela Emerson Ben Parker Danny Griffin Cordele Steven G. Moore Paul Christian thomas O’Donnell George Peters Columbus Clifford Harpe Gainesville Charles Cork, III Wayne Rogers William Sotter (Sponsored by The Cornelia Palmer Ansley Donna Culpepper Monroe Atlanta Columbus Bar James R. Acrey Susan D. Brown Karen Daniels Charles Day Jeremy Arkin Association) Covington Thomas M. Calkins Shelley Davidson Melanie Metcalf Pamela Atkins William Arey Ronnie Cowan Michael R. Casper Robert O. Davis Monticello William Dyer Jacob Beil John Degonia William Hardman Jeanna Fennell Timothy Lam Alysa Freeman Gary O. Bruce Reed Edmondson Catherine H. Hicks Diane Flynn Moultrie Amy Groves Joyce Bussey Donald Kelly Troy Millikan Andrew S. Foster Jon Vincent Forehand Michael Lambros Leslie P. Cohn Mario Ninfo Fred V. Westberry Robert Fricks Mickey Eugene Felix Moring Larae A. Dixon Michael Walker Christopher W. Willis Miguel Garcia Waller Vicky Norrid William A. Edwards Cumming Griffin Kathleen Hall Newnan Bruce Walker Walter L. Fortson Thomas P. Knox Tim Cramer Kevin Hall Jonathan Hickman Augusta Kimberly C. Harris Dahlonega Don Taliaferro Jeffrey B. Hanson Ike Hudson Jeffrey S. Bowman Maxine Hardy Dean Grindle Hartwell Sarah Harris Robin Mayer George D. Bush Kenneth M. Henson, Jr. Dallas Joanna B. Hannah Thomas W. Herman Doris Orleck J. Patrick Claiborne Ronald S. Iddins Judy Shurling Hiram Roxanne Hinson Peachtree City Lisa L. Clarke Robert K. Imperial Donald Donovan Thomas Hinson Lisa Richardson Jean Colohan Gary L. Johnson Randall Williams Thomas Jarriel Pearson Douglas J. Flanagan Thomas C. Kearns Mary Katz William A. King

32 GEORGIA BAR JOURNAL Pro Bono Honor Roll

Powder Springs Diane Morrell Wayne Yancey Bettina Yip Valdosta Jeffrey O. Bramlett James Hindmon Gary Michael Diane M. Zimmerman Augusta Kimberly M. Ballard Lisa Branch Ringgold Newberry Washington A. J. Kilpatrick, II Vidalia Alison Brantley Lawrence Stagg Patrick T. O’Connor M. V. Booker Kipler S. Lamar D. Duston Tapley, Jr. Richard H. Brody Rome Virginia E. Patterson Watkinsville Samantha G. Steffen Watkinsville Michael E. Brooks (Sponsored by The Patricia T. Paul Patrick Beall A. Stephenson Bryndis Roberts Bettina Brown Rome Bar Janice Powell James M. Green Wallace Waynesboro Frank O. Brown Association) Kran Riddle Waycross Avondale Estates Jerry M. Daniel Ivory T. Brown Paul Ray Cadle Christopher Rouse Rebecca R. Crowley Anne P. Maynard Timothy W. Brown Timothy Crouch Michael G. Schiavone Martin H. Eaves Birmingham, AL Atlanta W. Jeffrey Brown Floyd Farless William W. William R. Little, III Eden Brown Gaines Volunteer James S. Bruce Virginia Harman Shearouse, Jr. Huey W. Spearman Brunswick Lawyers John Patterson Regina Wilson Robert B. Simonton John D. Staggs, Jr. R. Flay Cabiness Foundation Brumbaugh Sandersville Christian J. Talethia R. Weekley Robert M. Allen Buckley Thomas J. O’Donnell Steinmetz, III Winder Cunningham Alpharetta Carol L. Buffum Savannah Kevin J. Street John D. Russell Cartersville Elyse Aussenberg Carin Burgess (Sponsored by The Bridget D. Swing Woodbine Deborah Owens Stephen F. Dermer Lisa S. Burnett Savannah Bar Leonard M. Trosten Catherine M. Chattanooga, TN Tara McNaull Kaye W. Burwell Association) J. Soctt Vaughan DiLorenzo Tammy Owens Brad Schoenfeld Annarita McGovern Kathleen Aderhold’ Janice Wahl Attorneys Who Combs Atlanta Busbee Norman C. Anderson J. Reid Williamson, III Volunteered College Park Alfred B. Adams III Kathlynn L. Butler Solomon A. Amusan Willie T. Yancy, II through the Pro Delisa Williams Amy K. Alcoke Torris Butterfield Nancy Askew Snellville Bono Project in Conyers Jan Allen Dean Calloway Karen Dove Barr Danny Ludwig 1999 Kim King Carsten Alting Courtney C. Camp Langston T. Bass, Jr. St. Marys Dalton Precious Anderson Stephen L. Camp Thomas R. Bateski Harold R. Moroz Albany Robert D. Jenkins Moore Sally Cannon Charles W. Bell John S. Myers Eugene C. Black, Jr. East Point W. Christopher David S. Cartee James B. Blackburn, Jr. Stockbridge Joseph W. Dent Valerie Adams Arbery Jay Castle Frank P. Brannen Michelle Boyd Clark Willie C. Weaver Fayetteville Lisa Arent Kathryn Cater Robert B. Brannen, Jr. Summerville Athens Leonard Presberg Julie Arp David L. Cates Dana F. Braun Albert C. Palmour Donarell Green, IV Gainesville Kathrine Arrington Doug Chalmers Kenneth “Chip” Cail, Jr. Sylvania Atlanta Marcia A. Cook Susan Arrington Henry Chalmers Dolly Chisholm Evelyn S. Hubbard Bradley T. Adler Fred V. Westberry William R. Asbell, Jr. Susan Chiapetta Amy Lee Copeland Thomaston J. Michael Brown Hawkinsville Mike Athans Betsy Choder Dorothy W. Alan Connell Caren Elayne Cloud David Venable Sonia F. Auda Han C. Choi Courington Ben T. Smith, Jr. Patrick C. DiCarlo Kennesaw G. William Austin III Jeremy E. Citron Clarence Cuthpert, Jr. Don Snow J. Allen Dougherty A. B. Clements Andrea L. Bailey Charlotte K. Clark Brian Daly Thomasville Melvin Drukman Lawrenceville Emily S. Bair J. Keith Coates, Jr. Charles M. Dalziel Royal A. McGraw Michael A. Edmunds Harold M. Hubbard Mark A. Baker Larissa M. Cochron Richard M. Darden John G. Runyan Alysa Freeman Lithia Springs Lisa L. Ballentine Jason H. Coffman Robert J. Duffy Tifton Scott F. Friedlander Rory Starkey Patricia T. Barmeyer Walter Cohen Gwendolyn Fortson- Betty Walker-Lanier John Hanusz Macon Robert Barnaby Mark Cole Waring Toccoa Douglas A. E. Angela Emerson Sidney Barrett Sean J. Coleman Joseph M. Gannam Russell W. Smith Henderson John D. Reeves Angela Batterson Katrenia R. Collins J. Hamrick Gnann, Jr. Willie J. Woodruff, Jr. Shelley Hildebrand Marietta Nancy Baughan Joyce Colmar Charles C. Grile Valdosta Gilbert Holzer Rachel L. Crow Stanley Baum Charlotte Combre Richard J. Harris Kimberly Ballard Robert S. Huestis Manjunath Gokare Paige Beadling Marissa G. Connors Arvo H. Henifin John R. Bennett E. Jewelle Johnson Martinez R. Daniel Beale Douglas Cook John M. Hewson, III Pauline Carter Stephen Kaplan Suzanne Guido Kenneth Behrman Donald L. Cook, Jr. William F. Hinesley, III Council Maribeth Kijowski Norcross Jeff Berg Robert E. Copps Edward Hughes Laverne Lewis Karen Lautz Kropp Glenn E. Cooper Amy Bergeron Marsha D. Courtright Leamon R. Holliday Gaskins Michael LaScala Bret T. Thrasher Betty Green Berman Celeste Creswell Kathleen Horne Patricia McCorvey Sherry Neal Roswell Christopher Berney Steve Curtis George M. Hubbard Karras David E. Oles Pamela Atkins Karen Bernstein John J. Dalton William T. Hudson Vernita Laverne Lee Erik H. Olson Smyrna J. Stephen Berry Lauren Danielson Martin S. Jackel Floyd Moon Yinka Omole Chaundra D. Lewis Kenya D. Berry David Darden G. Terry Jackson James Gostin Jennifer Potter Stone Mountain Matthew Berry Linda Day Lester B. Johnson, III Tunison, Jr. James Rayis Jamie Hollimon Lisa Radtke Bliss William de Golian J. Stephen Lewis Vidalia Stacey Clarissa Toni G. McDowell Simon H. Bloom Shelli N. de Roos Charles V. Loncon Sarah Tipton-Downie Robinson Swainsboro Bridget Bobick George R. Dean Malcolm Mackenzie Warner Robins Phillip B. Russell Kathy S. Palmer Jeffrey B. Bogart Patrick Deering Janna Martin William John Camp Tacita A. Mikel Scott Tallahassee, FL Teresa Thebaut Bruce DelMonico Albert Mazo Danielle Hynes Andrew Surdykowski Michael Cavanaugh Bonder Carolina Den Brok- Christine T. Gail Robinson Brian S. Tatum Tifton Rachel Boring Perez McDonnell Keith Salmon E. Y. Teague Larry B. Mims Ron Boyter Jennifer DeSimone Richard C. Metz Charles Taylor Lauren E. Wagner Tucker Phillip A. Bradley Frank A. DeVincent Burton F. Metzger Randy Wynn Bruce Walker Robert L. Osteen Wayne N. Bradley Audra A. Dial Shari S. Miltiades

JUNE 2000 33 Pro Bono Honor Roll

Nikola R. Djuric Holly Hill Allegra Lawrence Jenny K. Mittelman Richard W. Connie Walters Rich Dolder Scott Hilsen Stanley Lefco Kenneth L. Mooney Schiffman, Jr. Kimberly A. Warden Alex J. Dolhancyk Lydia Mitchell Hilton Michael Leff Latonya Moore David Schoenberg Jonathan Ware Art Domby Allen I. Hirsch Kimberly Lerman Jennifer Morgan Mary Jo Schrade Jody Warner Leigh Dowden Michael Hobbs Amy Letters Melinda Mosley Barry Schwarz James Washburn Melvin Drukman Kimberly Holladay Jonathan R. Levine Rob Muething Kevin A. Sebert Kathryn E. Watson Michael Dubus William Holley Rachel Levy Catherine Munson Salmon Shamad Dennis J. Webb John A. Earles James L. Hollis Sarah A. Lewis Jennifer Murphy Johnathan H. Short E. Adam Webb Sterling P. Eaves James E. Holmes, Jr. Stephen E. Lewis Nirupa L. Narayan Debra Siert Cline David Webster Deborah Ebel Dorsey E. Hopson Scott Liebschutz Mike Nations Joel L. Silverman Daniel Weede Kurt D. Ebersbach Donald S. Horace Edward H. Lindsey, Jr. Jesus Nerio Angela Simpson Beryl Weiner C.T. Ejisoby-Nwosu Susan Housen Ramie Cay Little Elizabeth H. Noe Clayton Sinclair Alice Weinstein Donald J. Ellis Marc Howard Rebecca Littleton Richard M. Nolen Howard P. Slomka Amy L. Weisbecker Robert A. Elsner Monica Howard David W. Liu Julie T. Northup Heather Slovensky Rob Wellon Marian Exall Susan Howick Jay E. Loeb Mary Ann B. Oakley Alvah O. Smith Tom Westbury Neil D. Falis Jennifer Huber Alysia Long Celey Ogawa Lynette Eddy Smith Frank N. White Guanming Fang Dan Huff James Long Ugo Okafor Rachel Snider Karen D. Wildau Rebecca D. Farber Lawrence T. Tammi S. Long David Oles David A. Soofian Susan Wilkerson Joe Farrell Humphrey J. Anthony Love Christopher D. Matthew Sours David H. Williams Charles E. Feuss Deborah J. Hunter Willie Lovett Olmstead Lee Ann Sparks Karen Brown Claire Fishman Emily Hunter Sarah N. Lowe Teresa Ou Jesse J. Spikes Williams David Foshee Susan A. Hurst Deborah Lubin Andy Pachman Thomas A. Spillman Michael Williams Anne Franklin Nicole M. Imamshah Susan L. Ludi Benjamin C. Pargman John C. Spinrad John Williams, Jr. Elizabeth Frazier-May Erika N. Jackson Joseph M. Lweinski Tracy Parsons Robert E. Stanley Chandra P. Wilson Scott E. Friedlander Gregory Jacobs Catherine G. Lynch Russell Patterson Keisha Steed Debra Wilson Toni Friess Mary James Anita Lynn Peter J. Pawlak, Jr. Bruce Steinfeld Joseph M. Winter Eric J. Frisch Robert E. James II Charles W. Lyons Jacqueline L. Payne David N. Stern Sandra Denise Karen D. Fultz Anne Jarrett Dana K. Maine Craig K. Pendergrast Carla Strobl Witherspoon Richard Gaalema Alan R. Jenkins Russell Maines Ralph Perales J. David Stubins Timothy W. Wolfe Richard Game Derek W. Johanson Dennis Manganiello Joseph Perrotta Donald L. Swift, III Janet L. Womack Adam R. Gaslowitz Julye Johns Joana P.L. Mangum Robert G. Petix, Jr. James Tabb W. Swain Wood George Geeslin Charis Johnson Jessica Margolis Michel Phillips Laura Tallaksen John F. Woodham Carol Geiger David Johnson David Markus Charles R. Pickering Mary W. Tapper Laura Woodson David Ghegan David V. Johnson John T. Marshall Holly Pierson Brian S. Tatum Angelyn M. Wright Tiffany Gilbert James Johnson Shawn Martin Keith A. Pittman Eric J. Taylor Scott Wright Jenny Gillon Jonathan Johnson Sylvia Martin Jeffery Plowman Jeffrey Michael Lela M. Young Monica K. Gilroy Michael Johnson Adrienne Marting Evan Pontz Taylor Leslie Zacks Neil Ginn Nancy Johnson Lori Marysculk Robert C. Port Scott E. Taylor Jeffery Zitron Rebecca Godbey Tracie Johnson Michael L. Mason Scott M. Porter Renee Tedrick College Park M. Debra Gold Will Johnson Robert B. Matlock Carol B. Powell David Thatcher Fred Eady David Golden Andrea Cantrell Jones William W. Maycock Benjamin H. Pruett Travis Thayer Decatur Julia Gonzalez Laura Jones Julie Mayfield Louis Pugh Ruby J. Thomas Teresa Garcia Dale R. F. Goodman Lewis B. Jones John C. Mayoue Nancy Rafuse Andrew M. Stephen M. Gibbs Andrea Goodrich Tracye Jones Douglas J. McAlpine Michelle B. Rapoport Thompson Yvonne Hawks Schuyla Goodson Seth S. Katz Emily McBurney Rayne Rasty James R. Thompson Wendell Henry Joseph J. Gottlieb Lisa Katz Golod Brendan McCarthy Brooks Rathet William C. Thompson Rebecca Hoelting Jamie Graves Sandra Kaye Kathie G. McClure David K. Ray Thurmond C. Brooks III Deborah Johnson Paul Greco James H. Keaten Rosemarie Michael T. Reynolds Stephanie E. Tillman Stephanie Rivers Regan Greene Kurt Kegel McConnell Mike Rhim Torin Togut Donna Rowe-Hibler Nancy Levy Leslie Kehoe Charles M. McDaniel, Jr. Tom Rhodes Rusty Tolley Katrina V. Shoemaker Grossman Stephen V. Kern Dan McDevitt Richard Rice Jeffrey J. Toney David R. Trippe Cheri A. Grosvenor Randy Kessler Kenneth P. McDuffie William M. Rich Jennifer Tourial Doraville Amy E. Groves Dawn Elizabeth King P. Joseph McGee Nicole A. Richardson Pamela L. Tremayne Coral Robinson Andrew C. Hall Joyce E. Kitchens Carl McGehee Kimberly Houston Lisa Tripp Douglasville Christopher B. Hall Dena R. Klopfenstein Amy C. McLean Ridley Cheryl Turner Michelle Gozansky Roger B. Handberg D. Keith Knight Rick McMurtry Mike Ring Renata Turner Duluth Carrie A. Hanlon Naho Kobayashi Paul Mercer, Jr. Tina Shadix John G. Valente Holly A. Trenam John Harbin Martha J. Kuckleburg Chad I. Michaelson Roddenbery Shelly Valente Ellenwood Sarah Hardy Jeanney M. Kutner B. Rose Miller Beth E. Rogers Richard K. Valldejuli, Jr. Sharon Adams Steven W. Hardy Tom Lacy Greg Miller Rupal Naik Romero Jeannine M. Van der Jonesboro Peter Hasbrouck Patrick Lail Janice Miller Pam Roper Linden Richard Genirberg Stewart Haskins Judy Lam Paula R. Miller Teresa Wynn Travis Vance Lawrenceville D. Tully Hazell John Lamberski John B. Miller, Jr. Roseborough Frank Virgin Tyleis Davidson Mark Hebbeln Frank Landgraff Christopher B. Chip Rowan Michael T. Voytek Marietta Mary Beth Hebert Walter Landow Millner Thomas Sampson Amy R. Walker Kathy Landis Charlie Henn Holly B. Lanford Christine L. H. Thomas G. Sampson II Betty Walker Bruce R. Steinfeld Steven J. Hewitson W. Scott Laseter Mitchell Ted Scartz Kent Walker Stephen Worrall Anne H. Hicks Nancy F. Lawler M. Todd Mitchem Kenneth H. Schatten Tom Walker

34 GEORGIA BAR JOURNAL Pro Bono Honor Roll

Norcross Lee Sexton Susan Rebecca Bailey Bruce Gaynes Clint Rhodes Neal Newman Jo Ann Holmes Ronald E. Smith Herman D. Baker Jeffrey Golomb Stone Mountain Patrise Perkins- Peachtree City Kevin W. Sparger Chandler R. Bridges John Greer Steven R. Ashby Hooker Mark Oldenburg Janet M. Taylor Prince A. Brumfield, Jr. Tucker P. Guerry Robert W. Hughes, Jr. Ted Pound Roswell Pandora Terry Mark G. Burnette Victor Haley N. Wallace Kelleman Mike Raeber Lauren Alexander Louise Thomas JoAnn D. Collins Christian Henry Truancy James Rambeau, Jr. Sean Dunn Joseph M. Todd John P. Cross, II Charles B. Jones Intervention Beth Sanders Nina J. Edidin David Walker Carl Anthony Tim Klob Project Robert Stanley Margaret C. Gibson Harold Watts Cunningham Forrest Morad Nichole Starr Patricia Sue Glover Jan Watts Teresa M. Garcia Alice Murtos (Sponsored by the Holly Stevens Robert D. Johnson William W. West Stephen M. Gibbs William G. Rothchild Atlanta Bar Erin Stone Janis L. Rosser Stephen White Donald Hillsman William R. Wildman Association) Richard Storrs Eileen Thomas Keith Wood Laura C. Horlock Brad Wolff Atlanta Beth Toberman Stone Mountain Fred Zimmerman William T. Hudson, Jr. Decatur C. Michael Abbott Ted Vick Beverly L. Bull McDonough Kathy E. Jarman James Feagle Benjamin Bang Terry Walsh Bridgette Dawson Faye W. Hayes Mary Brock Kerr Newnan Mary Benton Rosalind Watkins Robert W. Hughes, Jr. Morrow Lawrence R. Landry Robin Mayer E. Thomas Branch, Jr. Beryl Weiner Terry L. Ross Carl Adcock Fredrick C. McLam Smyrna Samuel Brannan Amy Weisbecker Sabrina R. Scott Greg Hecht Larry A. Pankey Gracy Barksdale James Brantley Shirley White Tucker Riverdale Teddy R. Price Gwinnett Susan Bronston Ingrid Whittaer J. Henry Norman Sandra E. McMillian Carl A. Puls County Pro Bono Gigi Bugg Vicki Wiley Tahira Piraino Hillman J. Toombs Bette Elaine Project Brian Burgoon Valarie Williams Timothy J. Santelli DeKalb Rosenzveig Rebecca Burnaugh Kristen Wood Woodstock Volunteer Michael R. Sheppard Atlanta Kristen Carpenter Vertis Worsham Kathleen A. Kerr Lawyers Elliott A. Shoenthal Franklin D. Hughes, Jr. Rebecca Christian Karen Worthington Clayton County Foundation M. T. Simmons David C. Will Lynette Clark Chuck Young Pro Bono Donald Charles Buford Robin Clark Avondale Estates Project (Sponsored by the Suessmith, Jr. Roger J. Bauer Marsha Courtright Susie Kezh DeKalb Bar W. Jason Uchitel Marion E. Ellington, Jr. Traci Green Courville College Park Atlanta Association) Mary Walton Dianne Frix Rufus Dorsey, IV DeNorris Heard Gary Flack Atlanta Whiteman Stan Sunderland Horatio Edmondson Moore-Moses Ibekwe College Park Stanley M. Baum William G. Witcher Decatur N. Sandy Epstein Conyers Christine A. Vandross Kenya D. Berry Lawrenceville Teresa M. Garcia Deborah Gale Evans Mary Korre Decatur Arthur D. Castleberry Ronnie K. Batchelor Duluth Jerolyn Webb Ferrari Decatur Matthew Collins R. Peter Catlin Lithonia Mary A. Prebula Edward T. Floyd Tiffany Boulware Andrew Williams Jerry Cuccinello Lisa A. Patrick Lawrenceville David Forbes Ruby Thomas East Point David E. Danda Scottdale Christopher T. Adams Fannie Gilliam East Point Glen E. Ashman Melvin Drukman Gerard D. Hegstrom Barbara B. Bishop Patricia Gorham Valerie Adams Willie G. Davis Richard Farnsworth Snellville Jerry A. Daniels Sherri Graves Ellenwood Karen Robinson George R. Ference William Clinton Chet Dettlinger Ruth Greenberg Betty Williams-Kirby Scott Walters, Jr. Gary Flack Rhodes Larry L. Duttweiler Jeff Handler Sharon Young Forest Park Jeff Flynn Stone Mountain Tracy Mason Alicia Head Forest Park Emily George D. Joseph Girardot Randy Joan Comins Joseph C. Bradley Heard Sylvia Goldman Sylvia Goldman Scott Halpern Dana M. Harris- McLaughlin Chad Henderson Lithonia Jonesboro Edwin L. Hamilton Abraham Mark Merritt Owen Hill Robert Mack Emmett J. Arnold, IV Charles F. Hicks N. Wallace Kelleman Steven M. Reilly Susan Himmer Marietta Allen W. Bodiford Mary J. Huber Tucker Macklyn A. Smith, Sr. Oni Holley Mark Yun Barbara Briley John Hulsey, Jr. William H. Arroyo Scott Spooner Theresa Hood Norcross Johnny Castoneda T. Wayne Marshall Cynthia L. Horton Nelson H. Turner Ashley Hufft Bill Fletcher Nan Deegan James D. McGuire William L. Skinner Margaret G. Lori Hughes Jeff Mueller Billy J. Dixon Charles M. Medlin Sandra W. Thornton Washburn Robyn Ice Roswell Monroe Ferguson Daniel N. Meyer Marvin Zion Lawrence Lee Angela Payne James Lois Wilson Pam Ferguson Charles M. Medlin Georgia Law Washburn Marcell Johnson Stone Mountain Don Foster Daniel N. Meyer Center on Jack Wilson Evan W. Jones Shirley White Steven Frey Anne H. Orr Homelessness Lilburn Dawn King Richard Genirberg Tahira P. Piraino and Poverty Anne Marie Lugo Jeanney Kutner Leslie Gresham Beth E. Rogers Lithonia Rebecca Lamberth Darrell L. Hopson Albert R. Sacks Alpharetta Robert L. Mack, Jr. Bob Lee Glen B. Icard, Jr. Lois D. Shingler Dan Mitnick Norcross James Long Randall L. Keen Randie H. Siegel Atlanta Richard A. Campbell Susan Ludi Larry M. Melnick Theodore A. Speaker Russell S. Bonds Clark and Washington Gib Malm Bryon Morgan Brian S. Tatum Lance Chernow Glenn E. Cooper David Marmins Jerry L. Patrick Anthony Zezima Katrenia Collins Leighton Deming Natalie Mays Gloria Reed Avondale Estates Thomas A. Cox Fred Stokes Mark McCarty Darrnell Reynolds Joe A. Weeks Robert Dow Larry H. Tatum Reagan McClellan Margot Roberts Decatur Thomas A. Farnen Snellville Don Mize Averty T. Salter, Jr. L. Katherine Adams Lisa Foster Charles P. Giallanza George Mori Arlene Sanders Richard S. Alembik

JUNE 2000 35 FEATURES

ASSEMBLY PASSES BILL 176 New Data Information Form Now Required for all Civil Case Filings

By Jerry Garland Dispositions Information System Domestic Relations Case Filing requiring that one of four applicable Information form, General Civil EFFECTIVE JULY 1, PLAINTIFF forms be submitted to the court clerk Case Final Disposition form, and attorneys (or individuals in a pro se whenever a civil case is filed. Domestic Relations Case Final action) will need to complete an The four new forms, which may Disposition form. In creating the additional form when filing a civil be obtained from the superior and forms, the General Assembly action or final judgement in a state court clerks or which may be adopted much of the information Georgia superior or state court. This downloaded from the State Bar of contained in the Report and Recom- is in accordance with Senate Bill Georgia Web site at www.gabar.org/ mendations of the 1997-1998 Court 176, passed by the Georgia datainfo.htm are: General Civil Case Filings Committee, a special com- General Assembly during the Filing Information form, mittee created by the State Bar of 2000 legislative session, Georgia. which provides for One of these forms a Civil Filings must be completed and

36 GEORGIA BAR JOURNAL in its entirety and submitted to the Hilton Fuller, chair of the Commis- becomes more widespread, the clerk for every civil case beginning sion, the collected data will provide manual processes required by this July 1. This task should prove the courts with a database of civil and other applications will eventu- virtually effortless for attorneys, actions for case profiles, workload ally be performed electronically, however, since demanding each one-page form little or no contains easy-to- effort on the follow directions The collected data will provide the courts with a part of the and, for the most filing attorney. part, may be database of civil action s for case profiles, Until then, the completed by success of this simply placing workload distribution , case coun ts, an d tort data. project de- checkmarks next to pends on the the applicable information items. distribution, case counts, and tort timely and complete cooperation of The court clerks will provide forms data. The GCAC will collect, each individual involved. For more for pro se plaintiffs. compile, and process the data to information on this subject, go to The superior and state court provide reports to the Administrative www.state.ga.us/courts and click on clerks will be responsible for routing Office of the Courts for their dis- the Georgia Courts Automation this information through the Georgia semination to the judicial agencies, Commission home page. U Superior Court Clerks Cooperative the executive branch agencies as Authority to the Georgia Courts appropriate, and to the General Jerry Garland is the project manager for the Automation Commission (GCAC). Assembly as requested. Georgia Courts Automation Commission. According to Superior Court Judge As court automation evolves and

David Joel house ad new

JUNE 2000 37 FEATURES

2000 General Assembly Successful for Bar

By Mark Middleton available for the benefit of the Atlanta). This bill is an extremely public. important revision to the corporate IN AN ELECTION YEAR WHERE The Bar owes a debt of gratitude code for those Georgia public legislators concentrated on education to Senator Clay Land (R-Columbus), companies that seek to protect reform, the State Bar managed to who authored the bill and worked themselves from hostile takeovers. have a very successful legislative diligently with the parties to accom- The bill clarifies the law regarding session in which all of the Board of plish this important goal. Several the use of so-called “poison pill” Governors’ legislative proposals members of the legislature, including provisions by corporations. were passed into law. The General Senate Judiciary Chairman Rene Corporate and Banking Law Assembly passed State Bar endorsed Kemp (D-Hinesville) and House Section Sub-Committee Chair Rich bills establishing a procedure for Judiciary Chairman Jim Martin (D- Brody was intimately involved in the collecting court filing data, revising Atlanta), were instrumental in presentation of these highly technical the corporate code, allowing for making this idea a reality. “The Bar issues to the House Judiciary Com- waiver of service of process, creating is particularly thankful to Speaker mittee and the Senate Special a state-funded juvenile court, and Tom Murphy and Lt. Governor Mark Judiciary Committee. Representative requiring Superior Court Clerks to Taylor for their support of the bill,” Robert Reichert (D-Macon) and maintain printed copies of the real said Bar President Rudolph Senate Special Judiciary Chairman estate index. The legislature also Patterson. (See article on this project Egan carried the bill on the floor of appropriated extraordinary increases on page 36.) each chamber. “The passage of this in state funding for the Court Ap- bill shows the value of the Bar’s pointed Special Advocates (CASA) State-Funded Juvenile Court bipartisan approach,” said Tom Program, the Indigent Defense The Bar recommendation to Boller, the Bar’s legislative represen- Council, Georgia Appellate and create a state-funded juvenile court tative. “We were able to achieve Educational Resource Center, and in every jurisdiction was passed and unanimous passage through both continued funding for the Victims of funded by the General Assembly. chambers of the legislature.” Domestic Violence Program. Effective October 1, 2000, new juvenile courts will be created and Real Property Section Initiative 2000 Legislative the judgeships funded at 85 percent The Real Property Law Section of the superior court salaries. This initiated H.B. 597, authored by Allen Accomplishmen ts initiative will provide improved Hammontree (R-Cohutta). This bill service in areas that do not have a requires superior court clerks to Court Filing Data Base designated juvenile court judge and maintain printed copies of the S.B. 176 creates a procedure for budgetary relief to counties that grantor/grantee index, even if they collecting civil and criminal case already maintain separate juvenile computerize the filing system. This filing data on a statewide basis. This court judges. provision protects against computer initiative will allow the Bar and system failures and addresses policy makers to obtain reliable data Corporate Code Revision questions over accuracy and avail- to consider in matters relating to the In recent years, the Corporate & ability of records. practice of law. The Bar’s legislative Banking Law Section has been very representatives spent a tremendous proactive in bringing recommenda- Waiver of Service amount of time in the negotiation of tions to improve the practice of law H.B. 708, authored by Tom this bill. The Bar is pleased that, in the corporate area. This year’s Bordeaux (D-Savannah), basically under the bill, the collected data effort resulted in the passage of S.B. conforms service of process proce- belongs to the public and will be 397, authored by Sen. Mike Egan (R- dures to the federal rule. Under this

38 GEORGIA BAR JOURNAL bill, a plaintiff can initiate a lawsuit In particular, the Bar opposed S.B. Egan, Clay Land, and Dan Ponder by sending the defendant a waiver of 19, which would have allowed non- will be difficult to replace. service notice rather than serving the lawyers to file garnishment plead- At a time when first-year associ- defendant directly. The measure, ings on behalf of corporations. The ate salaries soar beyond $100,000, which balances the rights of defen- bill passed the Senate in 1999, but our lawyer/legislators serve full-time dants and plaintiffs, is designed to did not move beyond committee in for three months for about $16,000. lower the costs of service . The the House. The Bar also opposed a In spite of the public perception to measure was initiated by the Bar’s title insurance bill that would have the contrary, election to office does Judicial Procedure & Administrative allowed lawyers to be regulated by not necessarily bring perks and Committee. various members of the executive privileges. Many legislators struggle branch rather than by the Supreme to simply make ends meet. In fact, Funding of Bar Endorsed Initiatives Court. The Bar traditionally defends most lawyer members practice law at In an extremely competitive the authority of the Supreme Court to night and on weekends during the funding process, the General Assem- regulate matters pertaining to the session in order to maintain their bly appropriated new funding for governance of attorneys and the legal practices while they serve. several State Bar initiatives. CASA practice of law. The Bar’s extraordinary legisla- received a total increase of $490,000 tive success over the past several in the FY 2000 Supplement Budget Bar Section Legislation years may seem routine to casual and the FY 2001 Budget. CASA’s total Tracking Program observers of the legislative process. funding is approximately $1.2 million. The Bar continues to rely on its However, this ability to influence the “CASA is well respected for their Bar Section Legislative Tracking laws and policies that affect the support of children,” said Jim Durham, Program, in which its substantive law practice of law does not come easily. chair of the Bar’s Advisory Committee sections and individual members This privilege exists because lawyers for Legislation (ACL), “We are monitor bills of importance to the Bar from all over this state answer the extremely grateful for this generous during the legislative session. About call to public service. In campaigns, support from the legislature.” 30 sections and committees partici- candidates are often attacked for The Georgia Indigent Defense pated in the Bar Section Program. being lawyers. Yet, when difficult Council received increased funding Also, numerous bills were sent out to issues are addressed in the General of $240,000 for FY 2000, and an the sections for review and comment. Assembly, lawyer/legislators are additional $550,000 for FY 2001. A special word of thanks goes often looked to by their colleagues to The State will now fund approxi- out to all Bar members who provided provide clarity and guidance. mately $5 million for the Indigent timely responses to the legislative In this election year, every Defense Council and the Multi- representatives regarding issues member of the Bar should find ways County Public Defender’s Office. affecting the practice of law. In to support our colleagues and friends The Georgia Appellate Resource particular, Bill Dodson of the Real who step into the arena of public life. Center received the entire $200,000 Property Law Section provided The Bar members in the legislature increase that it had requested. The timely advice and expertise on the are as diverse as the state itself. So, Resource Center now receives a total title insurance bill and another bill whether it’s making a financial of $700,000 for its continued opera- amending a previous Bar initiative contribution, putting up yard signs, tion. “These are enormous percent- restricting liens on the property of or running a race, we in the Bar can age increases in these programs,” public officials. and should find candidates to said Boller. “We owe a special support. The State Bar and our state thanks to Senator Greg Hecht (D- Lawyer Involvement will be the beneficiaries. U Jonesboro) and Representative Larry The 2000 Session brought Smith (D-Jackson), chairs of their reminders of the sacrifices that Bar The State Bar legislative representatives are respective Judicial Appropriation members make in order to serve in Tom Boller, Rusty Sewell, Wanda Segars, and Subcommittees, for their support of the General Assembly. Several key Mark Middleton. Please contact them at (404) the Bar’s funding initiatives.” Bar members, citing personal and 872-2373 or (770) 825-0808 for further legis- professional concerns, are retiring lative information, or visit the State Bar’s Web Other Bar Victories from the legislature. We thank these site at www.gabar.org. Bar members can track The Bar also opposed several lawyers for their public service. bills through the GeorgiaNet Web site, found bills that affected the practice of law. Respected lawyers such as Mike at www.ganet.org/services/leg.

JUNE 2000 39 Conference Highlights Benefits & Challenges of New Technology for Media & the Courts

By Nikki Hettinger Georgia’s case) take the necessary Friendly Discussion, interlocutor Jim precautions against data tampering. Rawls read aloud a hypothetical LAWYERS, JUDGES, REPORT- Bostick also mentioned GeorgiaNet’s scenario, then asked panelists to ers and other law and media explain what their reactions professionals attended would be to particular situa- informative lectures and tions. All the questions dealt participated in candid discus- with the relationship between sions at the 2000 Georgia Bar media and the law, and the Media and Judiciary Confer- answers offered reporters and ence, held April 28 in At- attorneys insight into each lanta. The conference theme other’s thought processes was News and the Courts in while on the job. Mike the New Century; a Primer Cavendar, News Director for for Judges, Journalists and WGNX/CBS in Atlanta, Lawyers on Emerging Issues summed up the views of the & the Law. Panelists included entire panel on the subject such leading authorities in Silver Gavel award winners, above: (l-r) Brad Aaron, when he said that the interac- their fields as executives of Flagpole Magazine; Susanna Capelouto, Peach State tion between media and the CNN, the Online Journalism Public Radio; Joe Oreskovich, WATC-TV; and Sandy law “has to be an arm’s length Review and several television Hodson, Augusta Chronicle. Below, Channel 5’s relationship” because there is stations, as well as local news Randy Travis (right) leads a breakout group in dis- “too much potential for anchors, editors from the cussion, along with Mike Mears. compromise.” Atlanta Journal-Constitution and Fulton County Daily Silver Gavel Awards Report, and a number of distinguished judges and The Fred Friendly Discus- attorneys. sion was followed by small breakout groups, which Georgia E-Tour expounded upon the subject for an hour before breaking for The first presentation of lunch and the presentation of the day, titled Open Govern- the 2000 Silver Gavel Awards. ment: Current Internet The Silver Gavel competition Access Issues and Possible accords statewide recognition Legislative Topics, took the to published material and audience on a guided tour through future plans for an “E-Georgia” Web radio and television broadcasts that the GeorgiaNet Authority Web site site, which will enable first-time fulfill one or more of the following: (www.ganet.org), which provides business owners to submit all the 1. Foster greater public under- electronic access to a slew of public information required by the different standing of the inherent information. GeorgiaNet’s Tom state agencies online in one simple values of our legal and Bostick addressed the inevitable step. judicial system; security and privacy issues associ- 2. Inform and educate citizens ated with any Internet project. He A Hypothetical Situation as to the role of the law, the referred to the State as the “custo- courts, law enforcement dian” of its public information. As At the second session, Covering agencies, and the legal such, he said, it should (and does, in Government and the Courts: A Fred profession in today’s society;

40 GEORGIA BAR JOURNAL 3. Disclose practices and were presented by State Bar Presi- ists of the last session, Internet procedures in need of dent Rudolph N. Patterson. Topic: Shifting Paradigms, Shifting correction or improvement; Ethics: Is the Internet Making and/or Mon key See, Mon key Do Journalistic Standards Obsolete? 4. Encourage and promote examined how the advent of news on local and state legislative Does Breaking and Saturation the Web has blurred the lines be- efforts to update and mod- Coverage of Violent News Events tween information and commercial- ernize our laws, courts and Spawn Violence in Real Life? The ism. The use of buy buttons, the law enforcement agencies. title of the first afternoon session put juxtaposition of news and editorial forward a timely and challenging content, and the corporate underwrit- This years’ win n ers were: question, which panelists tackled ing of heath care and other Web sites head on. were among the topics discussed. Daily Newspapers Under 20,000 “Fear of crime continues to The Bar Media and Judiciary Circulation climb, even as the actual crime rate Conference was presented by the Forsyth County News goes down,” said Arthur Kellerman, ICLE and sponsored by various Cumming, Georgia M.D., M.P.H., Chairman of the media organizations. Attendees “Legal Group Raises Questions Department of Emergency Medicine earned up to 5.5 CLE hours includ- about Searches” and Director of the Center of Emer- ing one ethics hour and one profes- Written by Colby Jones gency Control at Emory University sionalism hour. U in Atlanta. Judge James G. Bodiford Daily Newspapers Over 20,000 of the Cobb Superior Court echoed Nikki Hettinger is the communications coordi- Circulation this belief that our perception of nator for the State Bar of Georgia. The Augusta Chronicle crime is not necessarily based on Augusta, Georgia fact. He explained that he cannot cite Series of articles covering the one case over which he has presided legal system that can be tied directly to a media Written by Sandy Hodson event. Yet, he still has a “sense” that media coverage contributes to his Weekly Newspapers Over 3,000 case load, particularly when young Circulation people are involved. Rick Davis, Flagpole Magazine Executive Vice President of CNN Athens, Georgia News Standards and Practices, “The Toughest Love” expressed a similar sentiment, saying Written by Brad Aaron he and his staff are “sensitive to the Dan turner copy cat issue, even though we don’t Television: Commercial, Education know if there is one.” The presenters & Cable Stations referred to several recent violent Builders WATC-TV Channel 57 events including the Columbine high Norcross, Georgia school tragedy and the accidental pickup 4/00 The Gravedigger Show deaths of Lady Diana and John F. Hosted by Joe Oreskovich Kennedy Jr. p73 Radio: Programs Produced by All the News that’s Stations in Top 5 Metro Areas Peach State Public Radio Fit to Click Atlanta, Georgia “An industrial revolution is “University of Georgia taking place before our eyes,” said Admissions Policy” Larry Pryor, Executive Editor of Reported by Susanna Capelouto Online Journalism Review, a publi- cation of the University of Southern All but one of the honorees California’s Annenberg School of attended the luncheon, and awards Journalism. He and the other panel-

JUNE 2000 41 FEATURES

BUSINESS AND PLEASURE DURING CHERRY BLOSSOM FESTIVAL Board of Governors Meets in Macon

By Jennifer M. Davis for all ages, especially the interactive The most important item on games on the upper level. Lawyers and every spring meeting agenda is THE BOARD OF GOVERNORS their guests drove a race car, kicked setting the dues for the upcoming gathered in President Rudolph N. field goals, shot free throws in a year. Treasurer Jim Durham pre- Patterson’s hometown of Macon, basketball cage, tested their agility on a sented a proposal to increase the Georgia, for its Spring Meeting held balance beam, and announced the license fees by $25 for active mem- March 24-26, 2000. The event was famous “Sid Bream slide” into home bers, which ultimately passed by held in conjunction with Macon’s to take the Braves from worst to first. unanimous voice vote. Dues for world famous Cherry Blossom It was hard to pull the “big kids” active members had been at $150 for Festival, and the city was bursting away to walk across the street for five years. Durham explained that with colorful pink blooms from its dinner at the Georgia Music Hall of over the past seven to eight years, 230,000 Yoshino cherry trees. Fame. But once everyone had the Bar has grown from 7-8 percent indulged in a delectable Southern with the budget growing around Halls of Fame spread of barbeque, ribs and more, $450,000 annually. On the other the crowd realized the Music Hall of hand, with about 900 members While there were numerous Fame was just as fun and interesting passing the bar each year, our committee and board meetings plus a as the neighboring sports shrine. revenue is only $135,000. Needless section leaders retreat on Friday Life size buildings representing a to say, the income generated by new afternoon, the convention officially rhythm and blues revue, vintage members is not meeting our financial opened that evening with a reception vinyl record store, Coca-Cola growth. at the Georgia Sports Hall of Fame. drugstore, country café, backstage Durham added that the prospective The educational and interactive alley, and gospel theater invited move to the new Bar Center in 2001 exhibits showcased heroes from the visitors to enjoy a vast collection of may offer the greatest financial state’s top high school, collegiate, memorabilia and musical selections opportunity, since we will have professional and amateur athletic from each genre. The exhibits 139,000 sq. ft. in leasable space. fields. included historical perspectives on However, there are too many un- President-elect George Mundy the multitude of artists whose impact knowns at this point to bank on that was astonished to find his signature has spanned the globe, including projected income; especially since we on a football from his old high Otis Redding, Johnny Mercer, REM, will offer law related entities a reduced school team, the 1963 state cham- Lena Horne, Chet Atkins, the B-52’s, rental rate as incentive to move in. pion Cedartown Bulldogs. And James Brown, Alan Jackson, the The Finance and Programs Secretary Jimmy Franklin’s wife, Allmann Brothers and Little Richard. Committees are holding growth this Fay Foy, spotted her father in a photo year by budgeting an increase of only from the 1932-33 conference cham- Active Dues six percent. As President Rudolph pionship basketball team from Patterson explained, “We need to Georgia Southern. They were in In creased $25 preserve the financial integrity of the good company with notables like The Board of Governors con- Bar and bite the bullet before we face home run king Hank Aaron and vened for its 173rd meeting on a dire financial crisis.” football legend Fran Tarkenton Saturday morning, while spouses and Durham also reported the Bar is behind the glass too. guests enjoyed the Mulberry Street moving $300,000 to a restrictive The Sports Hall of Fame was a hit Arts and Crafts Show. operating reserve so it can not be

42 GEORGIA BAR JOURNAL 1

1. President Rudolph Patterson (left) talks with MDP Committee Chair and Past President Linda Klein (right) and Mercer professor Chris Wells, who serves as reporter for the MDP Committee. 2. St. Joseph’s Catholic Church 2 was one stop on the historical tour. 3. At the Sports Hall of Fame, Board member David Darden calls the famous “Sid Bream slide” into home plate to take the Braves to the World Se- ries. 4. (l-r) Supreme Court Justices George Carley and Hugh Thompson point out historical landmarks on the grounds of the Hay House. 5. The Macon Bar Presidents welcomed ev- eryone to their hometown: Cubbedge Snow, who served from 1974-75, vis- its with his wife, Edyth, and Margaret 3 and Rudolph Patterson.

4 5 spent without first seeking approval Lawyer Disciplin e did hold public hearings about the from the Board of Governors. He proposal this past April. The pro- added that the Bar is also looking for The Board also continued its posed rules were published in the alternative sources of funding and review of the disciplinary process, April 1999 edition of the Journal and non-dues revenue. which began with a complete are available online at Even with the $25 increase to overhaul proposed to the Supreme www.gabar.org/ga_bar/prc.html. active dues, the State Bar of Georgia Court of Georgia in May 1999. The At this meeting, the Board broke remains among the lowest dues in Supreme Court has not yet ruled on into small groups to discuss confi- the country, although we are the the proposed changes to the rules of dentiality within the lawyer disci- ninth largest bar. professional conduct; although, they pline process (Rule 4-221). The

JUNE 2000 43 Disciplinary Rules & Procedure will be asked to obtain feedback according to the following regulation Committee is studying this issue and from jurors and counsel which will passed by the CCLC: will ultimately make a recommenda- be given to the committee for study. tion to the Board to amend the Ultimately, the committee hopes to In addition to traditional ap- current rule. formulate changes which will be proved continuing legal educa- adopted statewide. tion activities attended live and Jury Reform The goal is threefold: to address in-person by groups of attor- public perception that juries are not neys, distance learning delivery Judge Ben W. Studdard III, chair able to deal with cases and render formats are acceptable provided of the Court Futures Committee, they are designed specifically as presented his group’s recommenda- organized programs of learning tions regarding jury reform in civil and meet the other accreditation trials. The committee worked on the “The recommen ded standards set out in these Rules proposal for two years in response to and Regulations. These distance the public’s eroding confidence in reforms, we believe, learning CLE activities may be the justice system, which increas- attended by an individual attor- ingly involves accusations of inad- will improve the ability ney with no minimum number equate verdicts. of attendees needed to receive Judge Studdard reported, “The of our trial juries to approved MCLE credit, but recommended reforms, we believe, must comply with the In-House/ will improve the ability of our trial perform the difficult Self Study CLE Regulation 5 to juries to perform the difficult task task given them: Rule 8-106(B). Examples of given them: understanding the law qualifying distance learning for- and the evidence to arrive at a true un derstan din g the law mats include: live CLE activi- verdict.” ties presented via video or au- The reforms include the follow- an d the eviden ce to dio replays of live CLE activi- ing: 1) Have counsel give a mini- ties; on-line computer CLE ac- opening statement prior to voir dire. arrive a true verdict.” tivities, CD-ROM and DVD in- 2) Allow use of juror notes during teractive CLE activities; and deliberation. 3) Provide the jury with — Judge Ben Studdard written correspondence CLE written copies of preliminary instruc- courses. When attended by an tions and the final charge. 4) Give proper verdicts; to increase the individual attorney, the distance the final charge to the jury prior to satisfaction of those who serve on learning activity constitutes closing argument. 5) Strive to fully juries; and to improve jurors’ ability Self-Study CLE. Examples of answer deliberating juror’s questions to do their jobs. non-qualifying educational ac- and meet their requests. 6) Encour- tivities that are encouraged on age the parties to civil cases to CLE Chan ges a non-MCLE approved credit consent to use 6-person juries. basis include: reading cases and 7) Upon prior consent of counsel, With the concept of reform at advance sheets, legal research, allow alternate jurors to participate hand, Immediate Past President internet chat groups, observa- in jury deliberations, but not to vote. William E. Cannon Jr. — who also tions of trial and jury duty. 8) Upon prior agreement of counsel, serves as chairperson of the Board of allow civil juries to proceed with less Trustees for the Institute of Continu- In response to the new rules, than a full panel when one member ing Legal Education (ICLE) and ICLE plans to enhance its course is disqualified or dismissed. serves on the Commission on offerings by broadcasting seminars, The State Bar’s Board of Gover- Continuing Lawyer Competency both live and recorded, via their Web nors endorsed these eight reforms for (CCLC) — announced upcoming site. Look for more details about circulation to superior and state court changes to the current CLE structure these CLE changes in an upcoming judges as a pilot program. These in Georgia. issue. reforms will be available for use by Beginning January 1, 2001, an individual judge on a voluntary Georgia lawyers will be able to basis for a 12-month period. Judges obtain their CLE in new ways

44 GEORGIA BAR JOURNAL 12

1. (l-r) Board member Drew Whalen visits with Jack Flynt, who was presi- dent of the Bar from 1954-55, when it was a voluntary organization. 2. Gen- eral Counsel Bill Smith leads a breakout group discussion regarding confi- dentiality in the lawyer discipline process. 3. President Rudolph Patterson and his wife, Margaret, show off their hometown’s Georgia Music Hall of Fame. 4. Bringing some Scottish flair to the Sports Hall of Fame were: (l-r) Past President Hal Daniel and Executive Committee member Rob Reinhardt. 5. Judge Ben Studdard discussed proposed jury reform. 6. Enjoying the in- teractive games at the Sports Hall of Fame were: (l-r) YLD President Joe 3 Dent and YLD Past President and current Board member Henry Walker.

6 5 4

Other Busin ess Historical Perspective ventilating system. The resplendent home boasts 18,000 square feet and Other highlights from the Board Following the Board of Gover- 24 rooms, complete with hidden meeting include: nors meeting, many of the attendees doors, which were used during the Legislative Representative Tom took a historical tour of Macon. With Civil War to hide money. Boller reported on the outcome 5,500 individual structures in 11 The tour featured other stops in of the legislative session (see historic districts listed on the Na- the historic district including St. article on page 38). tional Register of Historic Places, Joseph’s Catholic Church, an exem- A new Elder Law Section was Macon has more acreage listed on plary display of Romanesque Neo- created. this prestigious Register than any Gothic style architecture with Several proposals to amend the other city in the South. striking Bavarian stained glass and current Board of Governors Among the many sites on the exquisite Italian marble carvings, apportionment were reviewed. tour was the Hay House, an Italian statues and altars. Susan Cole of Macon was Renaissance Revival mansion, built The day concluded with a appointed to the Chief Justice’s in the 1850s. When constructed, it reception that evening; then every- Commission on Professionalism. had hot and cold running water, three one headed outdoors to relish the bathrooms, an intercom system, Cherry Blossom Festival Street central heat, and an advanced Party. U

JUNE 2000 45 of Service is a group project for lawyers, and to all those who partici- YLD PROVIDING A pated this year, “Big Bar” and YLD alike, thank you. Another classic example of how CHANCE TO SERVE “Big Bar” participation is important to the YLD is our Elder Law Com- support, the YLD could not continue mittee. The Elder Law Committee the many excellent projects designed has existed for several years, and to serve to the Bar and the public. many of its current members were A classic example of Big Bar YLDers who organized the original participation in a YLD project is the committee, but have since “aged Great Day of Service. I talked about out.” But because of their practice Great Day of Service from the day I area, they stayed active in the took office. As I leave office, I can committee, and the roster has more only say thank you to the many “Big Bar” members than YLDers. By Joseph W. Dent young lawyers who helped organize As a result, a new State Bar Elder ne message I have been the community service projects, and Law Section was created, and it will preaching this past year is have its first organizational meeting Othat the YLD provides an during the Annual Meeting. Because opportunity to participate in commu- of the YLD committee and the nity service for all lawyers regardless Whether it is continued participation of those of age. Although, by definition, a members of the committee who member of the YLD is any lawyer in supportin g an associate “aged out,” a new section is being the State of Georgia who has not created to serve a valid legal need. reached the age of 36 or who has in your firm or Now, through the joint efforts of the been in practice less than three years Elder Law Section and the YLD (soon to be changed to less than five participatin g in a Elder Law Committee, senior legal years), a lawyer does not have to be needs will be fulfilled. Many thanks a definitional YLDer to participate in project of a committee, to those on the Elder Law Committee the many projects of the Division. the support of the “Big who continued to participate after I like to believe that all lawyers “aging out” and who will continue to recognize their obligation to be Bar” is imperative for work with the YLD Elder Law active in the community. Whether it Committee to provide a valid service is through pro bono work or through the YLD to fulfill its to the public. participating in hometown service These are just two examples of projects, to be a complete lawyer, I mission . how the YLD provides service believe community service is a must. opportunities for all lawyers. Our The YLD is the service arm of thank you to all of the lawyers and mission is to provide service to the the Bar. Our stated mission is to judges who participated. Bar and the public, but the YLD provide service to the members and The Great Day of Service is a recognizes that, in fulfilling its the public. However, the YLD’s classic example of how the YLD mission, every member of the Bar mission is truly a mission of the works for the “Big Bar” to provide should have an opportunity to serve. entire Bar. Therefore, it is important an opportunity for all members to As the 2000-2001 year begins, eager for members of the “Big Bar” to participate in community service as a committee chairs and committee remember the YLD is working for group. Hopefully, all lawyers are members will begin to plan projects the entire Bar. Whether it is support- civic-minded and involved in a for the year. To all members of the ing an associate in your firm or community organization in one form Bar, I simply ask that you keep a participating in a project of a com- or fashion. However, the Bar as a watchful eye open for a project that mittee, the support of the “Big Bar” group does not have that many interests you, join the YLD regard- is imperative for the YLD to fulfill opportunities to participate in less of your age, and fulfill your its mission. Without the “Big Bar’s” community service. The Great Day obligation to serve. U

46 GEORGIA BAR JOURNAL lois law new full bw

JUNE 2000 47 YLD NEWS

Lawyers Come Out As a Group to Make Change in the Community

By Damon E. Elmore to help the community, as well as Atlanta, support and lunch were enhance and improve the reputation of provided by City Councilmember ON APRIL 29, LAWYERS AND lawyers across the state. What sepa- Michael Bond. friends of the bar all across Georgia rates the GDS from any other commu- Recently, members of the state participated in the Young Lawyers nity service project is the fact that it is GDS Committee — including YLD Division’s Annual Great Day of done across the entire state on one President Joe Dent, GDS chairper- Service. The event, celebrating it’s specific day. And it has a dual mission, son Damon E. Elmore, GDS North- 5th year, was successful and made a ern Region co-chair Beth Guerra, positive impact on several Georgia and GDS Southern Region co-chair communities, thanks to the efforts GDS allows “attorn eys Sharell Lewis — were invited by the and hard work of Georgia lawyers American Bar Association to partici- like you. of all ages to give back pate in the Spring Affiliate Outreach The event, affectionately known Project of the ABA Young Lawyers as GDS, was designed to allow to the commun ity, an d Division in Washington, D.C. There, lawyers in the State Bar to partici- the GDS was presented to other pate in a community service project to show the public that, ABA affiliates with the hope that the that is germane to the community in other states and local bars would which the attorney lives and prac- together as a bar, we adopt a project similar to the tices. It specifically reflects the trailblazing efforts in Georgia. Like dedication and commitment of are actively in volved in 4 the GDS project itself, the seminar Georgia’s lawyers to the broad needs volun teer work.” was a success as members of both of the public. the Lousiana and South Carolina Lawyers who participated in cities -- YLD Presiden t Joe Den t bars have already expressed interest and areas like Atlanta, Macon, Savan- in hosting a similar event in their nah, Marietta, Decatur/DeKalb as proclaimed by YLD President Joe states. County, Albany, Columbus and many Dent, of “allowing attorneys of all The YLD is committed to more, volunteered their time, and ages to give back to the community, affecting change in Georgia through donated some of their money to and to show the public that, together as service to and for the Bar. The GDS provide services such as minor a bar, we are actively involved in project has evolved over the past five construction and renovation, park volunteer work.” GDS also serves as 3 years where it focused on 10 com- beautification, group support and an introduction and springboard to munities, to targeting 16. Next year, fund-raising. Additionally, the project regular community service as volun- it is anticipated to grow even larger. allowed for the further development of teers are encouraged to follow-up later If you did not participate this year, inter-bar relations as several voluntary with their respective projects. be sure to watch for news related to and local bars, including the Atlanta This year, the project attracted the project for 2001. U Council of Young Lawyers, donated several “VIP” volunteers as numer- their time and talent. ous members of the bench partici- Damon E. Elmore is the Great Day of Service The GDS was the brainchild of pated in their local projects in chair and can be reached at (404) 239-1150 concerned young lawyers who sought Albany, Columbus and Marietta. In for more information about next year’s event.

48 GEORGIA BAR JOURNAL 1 2

Scenes from the YLD Great Day of Service: 1. Marietta Detention Cen- ter beautification. 2. Christmas in April, Albany. 3. Habitat for Human- ity, Columbus. 4. The Tifton Bar As- sociation participated in cleaning up debris from a downtown vacant lot. Representing the group were (l-r) Lon Kemeness, Render Herad, Mike Burke, Joseph Carter, Ben Gratz, Harvey Davis, Bill NeSmith, Chris Cella, Bob Richbourg (holding daughter Quinn), Tommy Pittman, Tony Cella and Jo Gray. Not pictured: Nan Shivone and Dawson Morton from GLSP. 5. Atlanta Park beautifi- cation. 5

4 3

JUNE 2000 49 Section Leaders Hold Annual Retreat/Orientation ANNUALLY, SECTION LEADERS come together for a half-day orienta- tion during the State Bar’s Board of Governors weekend in March. This year it was held in Macon at the Crowne Plaza. Section s Spon sored An n ual Meetin g Even ts Twenty-one sections sponsored the elaborate Opening Reception, which began the State Bar’s Annual Meeting this year. They also held a Scenes from the variety of breakfasts, luncheons, Section Leaders Ori- receptions, and CLE events. Look entation: 1. Pictured for photos from these various (l-r) are Jeff Kuester Section activities in the next issue. of the Computer Law Section with Bill Section Web Sites Dodson, incoming Chair of the Real Look for more immediate Property Law Sec- postings to Section pages in the new tion. 2. Alan Stuckey bar year, as the State Bar’s Web site Clarke, Chair of the will be brought in-house. Entertainment & Sports Law Section. New Section Formed 3. Denny Galis of the ADR Law Section. The State Bar has a new Section: the Elder Law Section is chaired by Eleanor Crosby. A monthly luncheon lecture series is planned as well as CLE seminars and a newsletter that will keep members apprised of emerging topics in the area of elder Time to Join a Section for law. the New Bar Year Corporate & Ban kin g Section Chan ges Name Consult Your 2000-2001 Dues The Section will now be called the “Business Law Section.” Notice and sign up today. — Lesley T. Smith, Section Liaison

50 GEORGIA BAR JOURNAL Computer Law Section Aids Tech Corps Georgia

THE COMPUTER LAW SECTION of the State Bar of Following is the experience of one Computer Georgia supports Tech Corps Georgia, an Atlanta- Law Section member who helped build donated community program that puts computers and training at computers and provided training for lower income the hands of teachers and families. families and teachers at Tech Corps Georgia. About Tech Corps Georgia WHAT IMPRESSED ME THE MOST WAS HOW Tech Corps Georgia, established in 1993, is a charter much we have come to take for granted the power of affiliate of the national TECH CORPS volunteer organi- these boxes — we pull our hair out if we get stuck on zation. Tech Corps Georgia’s core program is the “Tech- an old PC that won’t load a graphics-intensive WWW nology Education Program.” The purpose of the program site in a flash. is to help bridge the technology gap for K-12 teachers, I found it so tremendously rewarding to watch the students and parents living and working in poor commu- thrill on the faces of the women when their machines nities where access to technology and the Internet is still responded to their input. It was all so new and fasci- very limited. nating to some of them — from being able to put Since 1993: wallpaper on the desktop that was a color they liked, Over 800 donated computers have been refurbished to seeing a screen saver kick in for the first time, to by TCGA technical volunteers. being able to manipulate and format text in their first 475 teachers from over 40 Metro Atlanta area schools word processing document. have received computers and training. I am also frankly amazed at how much value Tech 100 low-income families with school-age children Corps is able to provide to their customers. One- have received computers and training. hundred dollars gets them a refurbished 486 PC with a TCGA volunteers have helped wire more than 15 VGA monitor, pre-loaded with this New Deal soft- Atlanta area inner city schools for Internet access ware (that does just about anything they’ll ever really through its participation in the nationally sponsored need at home and a lot they would need in the transi- NetDay program. tion to an office environment), and then 10 hours of The four major components of the Technology training starting with “Here’s the power button.” Education Program include: 1) equipment refurbishment; Given how thoroughly computer literate lawyers 2) computer for teachers training; 3) family technology are these days, and seeing how thrilled Sharon was to training classes; and 4) volunteer training. be able to progress more quickly with “spotters” to give individual help to students, I heartily recommend How Can You Help? that the State Bar take this on as a bar-wide service Tech Corps Georgia needs: project so that one of these days, Tech Corp might be 1. Financial Support: Tech Corps Georgia is a non- able to count on a different handful of people dropping profit organization. Donations may be mailed to the in every Saturday to facilitate the basic training class address at the end of this article; (and whatever else is needed, obviously). Seriously, if 2. Computer Equipment: 486s and higher, printers, we could maintain an ongoing “sign up” and dole out monitors, keyboards, mice and modems. Tech Corps the volunteers over time, even three spotters in that provides the licensed software for the computers, so class (we had five) on a given Saturday would make a no need to find the installation discs for that old major impact. Thanks for the opportunity, computer. Donations need to be delivered to Tech — Christopher R. Stovall Corps Georgia’s main office in East Point, Georgia Andersen, Davidson & Tate, P.C., Lawrenceville (at the “Buggy Works” near the East Point Marta Station); and For further information, contact: 3. Volunteers: Tech Corps Georgia recruits technical Chris Miller, Executive Director volunteers to refurbish donated equipment, to train Tech Corps Georgia students in basic and advanced computer skills, to 1514 East Cleveland Ave., Suite 100 maintain the network system and the Web site, and to East Point, GA 30344 provide technical support to clients while they are (404) 768-9990 learning. www.techcorpsga.org U

JUNE 2000 51 In Atlan ta joined the firm in July 1997. The in the firm’s entertainment practice. firm’s offices will remain at 31st Greenberg Traurig is a full-service C. Wilson DuBose, formerly of Floor, Six Concourse Parkway, international law firm with nearly Schnader Harrison Segal & Lewis Atlanta, GA 30328; (770) 512-0300. 600 attorneys practicing in 18 cities. LLP, has joined H. James Winkler Visit the firm’s Web site at Visit the firm’s Web site at and Jeffrey R. Davis to form www.caseygilson.com. www.gtlaw.com. Winkler, DuBose & Davis LLC Huntington & Williams an- Victor Roberts, Theodore A. with offices in Atlanta and Madison nounces that S. Tammy Pearson has Erck, and Edwin J. Schklar are (see listing under Madison). been elected partner in the firm’s pleased to announce the formation of Powell, Goldstein, Frazer & Atlanta office. The firm, founded in Roberts, Erck & Schklar. The Murphy LLP has named two 1901, has more than 680 attorneys office is located at 945 East Paces attorneys as new partners and one serving clients in 80 countries from Ferry Road, Suite 2220, Resurgens attorney as counsel. Named to the 15 offices around the world. Plaza, Atlanta, GA 30326; (404) partnership were Linzy O. Scott III, Davis, Matthews & Quigley PC 888-0100. of Atlanta and Sara Kay Wheeler of announces that Robert D. Boyd has Altman, Kritzer & Levick PC Atlanta. Deborah Renee Kurzweil joined the firm as a shareholder. takes pleasure in announcing that of Atlanta was named as counsel. Boyd will continue his practice in David B. Kurzweil and James R. Also, Georges A. Hoffman has the area of family law. The firm is Sacca have become members of the joined the Atlanta office in the firm’s located at 3400 Peachtree Road, firm and will lead the firm’s practice international and immigration N.E., 14th Floor, Lenox Towers II, in the areas of bankruptcy, creditor’s practices. Visit their Web site at Atlanta, GA 30326; (404) 261-3900, rights and financial restructuring. www.pgfm.com. Fax (404) 261-0159. Visit the firm’s Web site at Mary A. Prebula PC announces Schnader Harrison Segal & www.akl.com. that Dennis L. Johnson has become Lewis, LLP is proud to announce Morris Manning & Martin, associated with the firm, located at that Allen N. Bradley has joined the LLP is proud to announce the 3483 Satellite Boulevard, N.W., Suite firm’s Atlanta office as a partner. following new additions and promo- 200, The Crescent Building, Duluth, Also, Joseph R. Delgado Jr., has tions: James Walker IV and John GA 30096-5800; (770) 495-9090. joined as an associate. Founded in Harris join the firm as partners. Macey, Wilensky, Cohen, 1935, Schnader Harrison is a 300- George Hibbs and Kristen Wittner & Kessler LLP announces lawyer firm with a national and McGuffey are promoted to partner. that Richard C. Litwin has been international practice. Visit the firm’s The following attorneys join the firm promoted to partner of the 50-year- Web site at www.schnader.com. as of counsel: David Hansen old law firm. Litwin practices in the Foltz Martin LLC has elected (mergers and acquisitions), Jeff areas of tax controversies and tax Halsey G. Knapp Jr. as a member Joyce (mergers and acquisitions), litigation, with particular emphasis and named Michael D. Robl as an Mike Mehrman (intellectual on state and local taxation and associate of the 12-lawyer firm. property), Ann Moceyunas (technol- bankruptcy taxation. Knapp’s specialty areas include ogy group), Susan Spenser (corpo- Casey, Gilson & Williams PC technology and business litigation; rate securities) and Terresa Tarpley is pleased to announce that the firm’s Robl has experience in business, (corporate securites). Nineteen name changed to Casey, Gilson, creditor’s rights and banking litigation. associates join the firm: Brian Williams & Shingler PC, as of The international law firm Anderson (intellectual property), March 1, 2000, as the firm celebrates Greenberg Traurig LLP has named Lorie Boe (technology group), its 10th Anniversary. George P. attorney Jess Rosen as a new Kevin Broyles (corporate technol- Shingler, former Deputy Attorney shareholder in the firm’s Atlanta ogy), David Cicero (corporate General for the State of Georgia, office. Rosen had been an associate securities), John Doughty (intellec-

52 GEORGIA BAR JOURNAL tual property), James Fisher (corpo- Segal & Lewis LLP. While he will rate technology), Matthew Gries principally practice in Madison, he (corporate securities), David Hagy will also maintain an Atlanta office at (commercial litigation), Rob 2800 SunTrust Plaza, Atlanta, GA Hoskyn (litigation group), Robert 30308-3252; (404) 215-8109. The Joseph (corporate securities), Madison office is located at 300 Andrew Kaiser (corporate Hancock St., P.O. Box 671, Madison securites), Larry Kunin (intellectual 30650; (706) 342-7900; fax (706) property), Heath Linsky (corporate 342-0011. Visit the firm’s Web site at securities), Bill McDaniel (corporate www.wddlaw.com. U securites), Colleen O’Brien (corpo- rate securites), Heather Sample (real estate group), Leslie Sherman Official Opin ion s Creative (labor & employment), Gerry Williams (corporate securities), No official Legal Re- Sandra Young (creditor’s rights & opinions were bankruptcy). Visit the firm’s Web issued in the month site at www.mmmlaw.com. of February. source In Columbus Un official pickup 4/ Opin ion s The firm of Hatcher, Stubbs, Land, Hollis & Rothschild an- Governor. 00 p55 The Governor’s Attorney General nounces that Gregory S. Ellington Thurbert Baker has been named partner. The firm’s power to veto office is located at 233 12th Street, individual appropriations does not Suite 500 Corporate Center, Colum- include the power to reduce an bus, GA 31901; (706) 324-0201. appropriation. (2/11/2000 No. U2000-2) Juvenile courts. Local legisla- In Marietta tion is not necessary to establish a Dawson & Huddleston an- juvenile court for Liberty County nounces Jason R. Manton and alone, but the powers of the juvenile Jason L. Nohr have joined the firm court cannot be restricted to only that as associates. Both Manton and county. (2/21/2000 No. U2000-3) Nohr will help continue the firm’s Open Records Act. The billing practice in securities arbitration, and payment records of public products liability, medical malprac- employees and officials to a munici- tice, and personal injury. Visit the pally owned and operated public firm’s Web site at utility system are subject to disclo- www.dawsonhuddleston.com. sure under the Georgia Open Records Act, barring the proper application of any exception. Addi- In Madison tionally, any special treatment of H. James Winkler and Jeffrey those public officials by such utilities R. Davis of Winkler & Davis LLC may need to be disclosed under the announce that C. Wilson DuBose has Ethics in Government Act and the joined them as a partner, and the new failure to do so could subject the firm will be known as Winkler, recipients to legal action. (2/25/2000 U DuBose & Davis LLC. DuBose No. U2000-4) formerly was managing partner of the Atlanta office of Schnader Harrison

JUNE 2000 53 POSTCARDS FROM A DISTURBING TIME

James Allen, Hilton Als, Congressman John Lewis, he was totally charred; then, to make an example of him, and Leon F. Litwack, Without Sanctuary: Lynching his corpse was hung on public display in front of the Photography in America, Twin Palms Publishers 209 blacksmith shop in a nearby town that had a large black pages $60 population. The postcard’s (grammatically insufficient) inscription reads: “This is the Barbecue we had last night Reviewed by Janet E. Hill my picture is to the left with a cross over it your son Joe.” Reading this book may make readers feel sick and WITHOUT SANCTUARY EXPLORES THE AMERICAN unclean. The images and stories still crowd this phenomenon of “lynching postcards,” once popular but reviewer’s mind: a nine-year-old commenting “I have outlawed in 1908. Using these postcards as a focal point, seen a man hanged, now I wish I could see one burn”; the authors have painstakingly documented the personal Mary Turner, eight months pregnant, being lynched for history of the lynching victims, describing the events making unwise remarks about her husband’s execution; which led to their deaths, as well as depicting the harsh her unborn child being stomped to death by the mob; and reality of their tortures and deaths. As horrific as the Same Hose’s severed knuckles being displayed in the descriptions may be, the spectators’ joy and pride at their window of an Atlanta grocery store. In his Foreword to participation in the lynch- Without Sanctuary, Con- ings reflected in the post- gressman John Lewis asks: cards are even more disturb- “What is it in the human ing. The mobs’ eyes and The images an d stories still crowd this psyche that would drive a expressions have no sense person to commit such acts of shame or fear of having reviewer’s min d: a n in e-year-old of violence against their broken a law. Indeed, there commen tin g “I have seen a man han ged, fellow citizens?” The book is an air of glee about the cannot answer this ques- spectators as they gather, n ow I wish I could see on e burn .” tion. Perhaps no one really often with their children, to can. witness vigilante “justice.” My one criticism of this book is its emphasis on the Readers will be haunted by the postcard inscriptions, South’s history of lynching. As Ida B. Wells stated in such as: “Well, John — This is a token of a great day we 1909, “Time was when lynching appeared to be sectional, had in Dallas, March 3rd, a negro was hung for an assault but now it is national — a blight upon our nation, mock- on a three year old girl. I saw this on my noon hour. I was ing our laws and disgracing our Christianity.” Nowhere in very much in the bunch. You can see the negro hanging the commentary is there any discussion of lynching on a telephone pole.” outside the South, even though the photographs and Another particularly disturbing card shows the stories are not limited to Southern atrocities. Indeed, only charred corpse of Jesse Washington, a mentally retarded half of the lynchings depicted in the book are in the seventeen-year-old boy, who was convicted, after four Confederate states, with the remaining having taken place minutes of deliberations, of murder- in Ohio, Indiana, Illinois, Minnesota ing the white woman on whose farm and other states. he worked. After all . . . he had Editor’s Note: Photographs from Unfortunately, lynchings and “confessed.” The authors recount Without Sanctuary: Lynching other hate crimes are not geographi- what happened next: he was taken Photography in America are on cally or culturally limited. The from the courtroom, beaten and exhibit at the New-York Historical evening news brings us constant dragged through town, castrated, his Society (2 West 77th Street at reminders of humans’ capacity to ears and fingers cut off; the mob Central Park West) through July hate. Despite that flaw, this book left lowered him repeatedly into a raging 9, 2000. this reviewer determined to continue fire, to the shouts of the crowd, until what Ida B. Wells described as the

54 GEORGIA BAR JOURNAL Alcohol/Drug Abuse an d Men tal Health Hotlin e If you are a lawyer and have a personal problem that is causing you significant concern, the Lawyer Assistance Program (LAP) can help. Please feel free to call the LAP directly at (800) 327-9631 or one of the volunteer lawyers listed below. All calls are confidential. We simply want to help you. Area Committee Contact Phone Albany ...... H. Stewart Brown ...... (912) 432-1131 Athens...... Ross McConnell ...... (706) 359-7760 Atlanta ...... Melissa McMorries ...... (404) 522-4700 Florida ...... Patrick Reily ...... (850) 267-1192 Atlanta ...... Henry Troutman ...... (770) 980-0690 Atlanta ...... Brad Marsh ...... (404) 876-2700 Atlanta/Decatur ...... Ed Furr ...... (404) 231-5991 Atlanta/Jonesboro ...... Charles Driebe ...... (404) 355-5488 Cornelia ...... Steven C. Adams ...... (706) 778-8600 Fayetteville ...... Glen Howell ...... (770) 460-5250 Hazelhurst...... Luman Earle ...... (912) 375-5620 Macon ...... Bob Daniel ...... (912) 741-0072 Macon ...... Bob Berlin ...... (912) 745-7931 Norcross ...... Phil McCurdy ...... (770) 662-0760 Rome ...... Bob Henry ...... (706) 234-9442 Savannah ...... Tom Edenfield ...... (912) 234-1568 Valdosta ...... John Bennett ...... (912) 242-0314 Waycross ...... Judge Ben Smith ...... (912) 285-8040 Waynesboro ...... Jerry Daniel ...... (706) 554-5522

“work of making the ‘law of the land’ effective and Duly Noted supreme upon every foot of American soil — a shield to the innocent; and to the guilty, punishment swift and Civil Rights in the United States, 2 vols. Eds. Waldo E. sure.” Indeed, such determination is the ultimate goal of Martin, Jr. and Patricia Sullivan the authors: Macmillan Reference $250 It is my hope that Without Sanctuary will inspire us, The goal of this two-volume reference compendium the living, and as yet unborn generations, to be more is to make information about the civil rights struggle compassionate, loving, and caring. We must prevent available to “a wide audience in a highly accessible anything like this from ever happening again. (Congress- format.” In addition to supplying an informative overview man John Lewis, Foreword, Without Sanctuary) of civil rights and entries on well-known figures such as The authors should be commended for their profes- Booker T. Washington and Martin Luther King, Jr., the sional presentation of such graphic and disturbing materi- books conceptualize civil rights as “evolving out of many, als, which will both attract and repulse the reader. They often diverse, sources and moments” in American history. should also be congratulated for contributing the photo- As such, information is provided about leaders, writers, graphs and postcards to Robert W. Woodruff Library’s activists and artists from a number of contexts, including: Special Collection, Emory University, where they are Gay and Lesbian Rights, the Woman Suffrage Movement, only available to researchers by appointment, thereby the Chinese Americans Citizens Alliance, the Chicano removing this potential “collectible” from the market Movement, and the Native American Movement. As an place. outgrowth of a series of NEH Summer Institutes at Harvard University’s W.E.B. Du Bois Institute on Teach- Janet E. Hill is a partner in the firm of Nelson, Hill, Lord & Beasley, ing the History of the Civil Rights Movement, this set LLP, a plaintiffs’ civil rights and employment litigation law firm with provides valuable insights into the ongoing civil rights offices in Athens and Decatur. Hill is also Vice-President of the National struggles in the United States. U Employment Lawyers Association. She graduated from the UGA School of Law in 1982 and has been practicing employment law since that time.

JUNE 2000 55 DISCIPLINE NOTICES (March 10 - April 26, 2000)

Disbarred Heard was retained to represent a who gave legal advice and signed client in a divorce proceeding. The and filed pleadings as Georgia John J. Sowa client paid Heard $750, along with counsel. Although Mitchell is an Atlanta, Georgia court filing fees. She never filed the active member of the Mississippi John J. Sowa (State Bar No. 668595) divorce action and refused to account bar, he has been an inactive member voluntarily surrendered his license to for the disposition of the client’s of the State Bar of Georgia since practice law in the State of Georgia. funds. 1990, and was therefore practicing in The Supreme Court accepted Sowa’s Georgia in violation of the Bar surrender by order dated March 13, Review Pan el Repriman d Rules. 2000. Sowa pled guilty to 27 counts of mail fraud, and was disbarred R. Gawyn Mitchell In terim Suspen sion s based on these felony convictions. Columbus, Mississippi R. Gawyn Mitchell (State Bar No. Under State Bar Disciplinary Rule 4- Suspen ded 513420) petitioned the Supreme 204.3(d), a lawyer who receives a Court for voluntary discipline. The Notice of Investigation and fails to Constance Pinson Heard Court accepted Mitchell’s petition on file an adequate response with the Stone Mountain, Georgia March 10, 2000, and ordered him to Investigative Panel may be sus- On March 13, 2000, the Supreme receive a Review Panel reprimand. A pended from the practice of law until Court suspended Constance Pinson resident of Mississippi retained a an adequate response is filed. Since Heard (State Bar No. 342190) from Mississippi attorney, who was not March 10, 2000, five lawyers have the practice of law for six months to admitted in Georgia, to represent him been suspended for violating this run concurrently with a six-month in divorce proceedings. The Missis- Rule. U suspension previously imposed. sippi attorney associated Mitchell,

house ad

56 GEORGIA BAR JOURNAL he Lawyers Foundation of Georgia Inc. sponsors activities to promote charitable, scientific and educational purposes for the public, law students and lawyers. Memorial contributions may be sent to the Lawyers Foundation of Georgia TInc., 800 The Hurt Building, 50 Hurt Plaza, Atlanta, Georgia 30303, stating in whose memory they are made. The Foundation will notify the family of the deceased of the gift and the name of the donor. Contributions are tax deductible.

Abram, Morris B. Admitted 1940 Pond, Lawrence J. Admitted 1985 Geneva, Switzerland Died March 2000 Norcross Died April 2000 Carr, Terry A. Admitted 1982 Reese, Arthur C. Admitted 1975 Morrow Died March 2000 Lawrenceville Died 2000 Hunt, Edwin F. Admitted 1959 Regan, James Ignatius Admitted 1994 Atlanta Died March 2000 Atlanta Died March 2000 Johnston, McCready Admitted 1949 Schlosberg, Myra Joy Admitted 1997 St. Simons Marietta Died December 1999 Lumpkin Jr., Frank G. Admitted 1935 Sterne, Edwin L. Admitted 1929 Columbus Died March 2000 Atlanta March 2000 Monsky, E. H. Admitted 1949 Sumner, Walter Edwin Admitted 1976 Decatur Died March 2000 Atlanta Died March 2000 Moore, Elizabeth Felton Admitted 1993 Watson, Jess H. Admitted 1941 Toccoa Died April 2000 Gainesville Died March 2000 Mostiler, Johnny Baxter Admitted 1972 Wilson Jr., Alexander E. Admitted 1931 Griffin Died April 2000 Atlanta Died April 2000 Pinkston, Frank C. Admitted 1947 Macon Died March 2000

Honor Colleagues With A Memorial

The Lawyers Foundation of Georgia will soon be furnishing the Georgia Bar Journal with Memorials Pages to honor deceased members of the State Bar of Georgia. These pages will include information about the individual’s accomplishments. For information about placing a memorial, please contact the Lawyers Founda- tion at 404-526-8617 or 800 The Hurt Building, 50 Hurt Plaza, Atlanta, GA 30303.

JUNE 2000 57 ATLANTA ATTORNEY GARY help set a national agenda to ensure titled, “The Four P’s of Success: D. Zweifel has been elected member standards of excellence for persons Presentation, Power, Politics & of the Board of Directors of the serving as guardians. Policy,” was presented by Judge National Guardianship Association The Greater Atlanta Joyce Bihary of the U.S. Bankruptcy (NGA). Founded in 1988, NGA is Hadassah’s Attorney’s Council Court; Connie Glaser, author of comprised of more than 500 indi- presented Judge Phyllis Kravitch of “Swim with the Dolphins”; Judge viduals in public and private, for- the 11th Circuit of the United States Stephanie Manis of the Superior profit and not-for-profit agencies and Circuit of Appeals with its first Court of Fulton County; and Karen organizations. It provides members Trailblazer Award during a dinner Wildau, partner of Powell, Goldstein, with education and training as well held in her honor on May 3 in Frazier & Murphy LLC. Hadassah, as the opportunity to network and Atlanta. The evening’s program, the Women’s Zionist Organization of America, is the largest Jewish volunteer women’s organization in Focus on Firms the U.S. Its programs include health education; community volunteer Holland and Knight, one of (please see Service of Process by E- projects; social action and advocacy; the ten largest law firms in the U.S., mail in the February 2000 issue of Jewish education and research; and is the first firm to be honored by the the Georgia Bar Journal). Each partnerships with Israel. Hadassah United Way of America (UWA) year, the Computer World also supports health care, education for corporate community involve- Smithsonian Awards Program and youth institutions, and reforesta- ment. The firm received the Sum- presents to the Smithsonian Institu- tion and parks projects in Israel. The mit Award as part of the UWA’s tion a group of outstanding users of Greater Atlanta Hadassah has existed annual Spirit of America Program information technology who have for more than 80 years. for members of its National Corpo- helped revolutionize the way we F. Sheffield Hale, a partner in rate Leadership program. Holland communicate, conduct business, the business practice group of the and Knight contributes time equal govern our lives and learn about the Atlanta firm Kilpatrick Stockton to three percent of its total billable world. J. William Boone and LLP, was elected chairman of the hours to pro bono work, which Jeffrey J. Swart, members of the Georgia Trust for Historic Preser- averages to about 50 hours per Alston & Bird team involved in the vation during the Trust’s Annual lawyer per year – a value of ap- case, were presented with a Meeting held on April 1 in Colum- proximately $7 million. Addition- Smithsonian medallion on behalf of bus. Hale joined the Board of ally, the firm has a Community the firm at a special ceremony held Trustees of the Georgia Trust in 1995 Services Team and a Charitable on April 3 at the Smithsonian in and has served as First Vice-Chair- Foundation, which focus on pro Washington, DC. Once nominated, man since 1998, the year the Trust bono and other community service firms submit their case studies. named him Volunteer of the Year. issues. They are then designated “Laure- Hale has served as chairman of St. The national law firm of Alston ates” under the Computer World Jude’s Recovery Center and the & Bird LLP was recently nomi- Smithsonian Awards Program and Rhodes Hall Board of Governors, nated by BellSouth for the Com- are honored by having their case and on the boards of The Atlanta puter World Smithsonian Award studies included in the Smithsonian Historical Society, The Historic in recognition of its role in a “first Institution’s Permanent Research Oakland Foundation, The Atlanta of its kind” federal bankruptcy Collection. Within each of the Preservation Center and The Joel case, in which the firm petitioned program’s ten categories, one Chandler Harris Association. He is for and received ground-breaking Laureate will receive the Computer also a member of the 1996 class of permission to serve process to a World Smithsonian Award for that Leadership Atlanta and the 1999 defendant via electronic mail category. class of Leadership Georgia.

58 GEORGIA BAR JOURNAL Supreme Court Convenes at Local High School

On April 11, 2000, the Supreme Court of Georgia heard oral argument at D.M. Therrell High School in Atlanta. Porter v. State was an appeal from a murder conviction and Wade v. Wade involved child custody issues. This marked the first time in Georgia and possibly only the second time in U.S. history that any State Supreme Court has heard oral argument at a high school. Therrell students were an integral part of the process. Student preparation for the Supreme Court’s visit began in January 2000. Therrell teachers and administrators structured the entire semester around issues associated with the Court’s visit. Therrell students received short briefs of the cases and literature about the Supreme Court and the judicial process. Students participated in court-related projects in Law and Govern- ment classes as well as Social Studies, Art, History, Speech and Drama. The Supreme Court, the Atlanta Bar Association, the Atlanta School Board, the State Bar of Georgia, the Atlanta Bar Association and the staff of Therrell High School worked together to create an enriching experi- ence for everyone involved.

Also, Kilpatrick Stockton partner executed by Woodward/White Inc. the American Translators Associa- C. Ray Mullins was appointed by Shi is a partner in the Environmental tion for a two-year term. West the 11th Circuit Court of Appeals as Practice Group’s Atlanta office, with practiced international and corporate the new Bankruptcy Judge for the extensive experience in virtually all law for five years with the Atlanta U.S. Bankruptcy Court for the aspects of environmental law. firm of Alston & Bird before found- Northern District of Georgia. Judge Thomas B. Wells was ing Intermark Language Services, an Another Kilpatrick Stockton elected Chief Judge of the United Atlanta-based provider of transla- attorney, J. Stephen Shi, is among States Tax Court for a two-year tions to lawyers, bankers and ac- 39 of the firm’s lawyers to be term that began June 1. Wells is a countants around the world. He is recognized in the Eighth Edition of member of the American Bar also the author of the Spanish- The Best Lawyers in America 1999- Association’s Tax Section and of the English Dictionary of Law and 2000. Inclusion in this publication is State Bar of Georgia, where he Business. West is a graduate of the considered a singular honor, as it is a served on the Board of Governors University of Virginia School of Law compilation of the top lawyers in the and the Board of Editors of the and holds a bachelor’s degree in nation as selected by their peers and Georgia State Bar Journal. Wells French, summa cum laude, from the competitors. Lawyers throughout the received his J.D. from Emory University of Mississippi as well as a state were asked to rate the clinical University Law School in 1973, and master’s in German from Vanderbilt abilities of other lawyers in their his Masters of Law in Taxation from University. U respective practice areas, and only New York University Law School in those attorneys who earned the 1978. consensus support of their peers Thomas L. West III was were included. The survey was recently elected president-elect of

JUNE 2000 59 Words of Wisdom, Inspiration Mark Tribute to Retiring Appellate Court Judge

A SPECIAL SESSION OF THE Baker, and Court of Appeals Chief including Attorney General Baker, Court of Appeals of Georgia held on Judge Edward H. Johnson, who who said of McMurray, “He has Monday, April 3, 2000, paid touch- presided over the morning’s proceed- served this state with honor and ing tribute to retiring Presiding Judge ings. integrity for almost a quarter of a and Former Chief Judge William The speakers provided glimpses century.” LeRoy McMurray Jr. into McMurray’s extraordinary life, Cordele attorney Guy Velpoe The number of family members, from his military service during Roberts Jr., was so overwhelmed colleagues and friends of McMurray World War II and the Korean con- with emotion that he opted to have who turned out for the his speech presented by event exceeded the Dr. John F. Gibson, a capacity of Room 617 of retired Baptist minister the State Judicial Build- from Macon. And ing in Atlanta, and a McMurray himself chose second room was set up not to step up to the to allow viewing of the podium but rather had proceedings via Brother Daniel D. teleprompter. In keeping Tamburo, Jr., lay lector with the Court’s long- and commentator in standing tradition, the Michigan as well as tribute culminated with McMurray’s brother-in- the unveiling of a portrait law, read aloud his very of McMurray, painted by moving, written response artist George Mandus, to the occasion. “It is a which will be hung in the long, long way from Court of Appeals court- Retiring Judge William LeRoy McMurray Jr. is congratulated South Georgia to this room alongside portraits by Bar President Rudolph Patterson and his wife, Rosemary, hallowed place,” said of other appellate retir- upon his retirement. Tamburo, reading ees. McMurray’s words. The two-hour presentation was a flict, to his work with the Federal “Each of you is a very special person poignant one throughout, beginning Bureau of Investigation (where he to me . . . you honor me by your with the invocation by Dr. R. Page met his wife) and, of course, his presence.” McMurray’s speech Fulgham, pastor of the Sylvan Hills brilliant legal career. credited “the will and grace of God” Baptist Church in Atlanta, during He has written or participated in for his accomplishments and said which he explained that McMurray 13,500 published opinions, a record about the tribute, “I am humbled.” In “chose early on to serve God rather that, according to Justice Carley, parting, he offered words to live by: than man.” Distinguished presenters “may never be surpassed.” He was “If you are seeking inner peace in included Governor Roy E. Barnes, reelected to the Court of Appeals your life, then be nice to one another who referred to McMurray as a “true without opposition an unprecedented . . . be able to say, before you go to gentleman.” This sentiment was five times where, according to sleep, ‘I hold no animosity’.” reiterated time and again by such Former Supreme Court Justice Hardy McMurray’s retirement was long-time acquaintances of Gregory, Jr., he has “presided not as effective March 31, 2000, but he will McMurray as Former Governor a tyrant but as a servant.” In 1979, he go on to serve as Senior Appellate George D. Busbee (who first ap- became Presiding Judge, a title he Court Judge. U pointed McMurray to the Court), held for a record 20 years. And Supreme Court Justice George H. throughout, he earned the admiration — Nikki Hettinger Carley, Attorney General Thurbert E. and respect of his colleagues,

60 GEORGIA BAR JOURNAL 2000 Law School Orien tation s Sign Up For Orientations on Profession alism on Professionalism Attorn ey Volun teer Form THE ORIENTATIONS ON PROFESSIONALISM conducted by the State Bar Committee on Professional- Full Name (Mr./Ms.) ______ism and the Chief Justice’s Commission on Professional- ism at each of the state’s law schools have become a Nickname: ______permanent part of the orientation process for entering law Address: ______students. The Committee is now seeking lawyers and judges to volunteer from across the state to return to your ______alma maters or to any of the schools to help give back part of what the profession has given you by dedicating a ______half-day of your time this August to introduce the concept U Telephone: ______Fax: ______of professionalism to first-year students. Area(s) of Practice: ______Year Admitted to the Georgia Bar: ______

Bar#: ______Reason for Volunteering: ______

______

Law schools Date Time Reception/ Lunch Emory I* August 25, 2000 10 a.m.-noon Noon-1 p.m. Emory II* October, 2000 TBA Emory III* February, 2001 TBA Insurance Special- Georgia State August 15, 2000 3:15-5:15 p.m. 5:15-6 p.m. John Marshall August 15, 2000 10 a.m.-noon TBA ists new Mercer August 18, 2000 2-4 p.m. 4- 5 p.m. UGA August 14, 2000 2-4 p.m. 4 -5 p.m.

*Emory has expanded its Orientation to three sessions. Please return to: State Bar Committee on Professionalism Attn.: Terie Latala 800 The Hurt Building 50 Hurt Plaza Atlanta, Georgia 30303 phone (404) 527-8768; fax (404) 527-8711

JUNE 2000 61 NOTICES Second Publication of Proposed Formal Advisory Opinion Secon d Publication of SUMMARY ANSWER: provided. General retainers are a A Georgia attorney may not commitment by an attorney to a Proposed Formal Advisory contract with a client for a non- particular client, thus disqualifying Opin ion Request No. 98-R7 refundable special retainer. Generally, the attorney from representations in there are two forms of retainer conflict with that client, and are fully Members of the State Bar of agreements with clients: general earned at the time of contracting. Georgia are hereby NOTIFIED that retainers (also known as “true” Nor does the prohibition on non- the Formal Advisory Opinion Board retainers) and special retainers. It is refundable retainers prohibit an has made a final determination that important to distinguish between attorney from designating by contract the following Proposed Formal these two forms in answering the points in a representation at which Advisory Opinion should be issued. question presented. A non-refundable specific advance fees payments will (As a result of comments received special retainer, as opposed to a have been earned, so long as this is from members of the State Bar and general retainer, is a contract for done in good faith and not as an for purposes of clarification, the specific services by an attorney paid attempt to penalize a client for Formal Advisory Opinion Board has in advance by the client and not termination of the representation or added language to the fifth paragraph refundable to the client regardless of otherwise avoid the requirements of of the OPINION section of the whether the services have been Standard 23. All such fee arrange- Proposed Opinion. The added lan- provided. As such a non-refundable ments are, of course, subject to guage is underlined.) Pursuant to the special retainer violates Standard 23 Standard 31. provisions of Rule 4-403(d) of obligating an attorney to promptly Chapter 4 of the Rules and Regula- refund all unearned monies upon OPINION: tions of the State Bar of Georgia, this withdrawal by the attorney, including In answering the question pre- proposed opinion will be filed with withdrawal prompted by the client, sented, it is necessary to clearly the Supreme Court of Georgia on or and also violates the client’s absolute distinguish between general and after June 19, 2000. Any objection or right to terminate a representation special retainers. General retainers comment to this Proposed Formal without penalty. In addition, in that are agreements providing for the Advisory Opinion must be filed with non-refundable retainers permit availability of an attorney to a client the Supreme Court within twenty (20) payment for services that have not for services without regard to specific days of the filing of the Proposed been provided, such retainers neces- services to be provided. General Formal Advisory Opinion and should sarily violate Standard 31 prohibiting retainers require no future acts by the make reference to the request number any “fee in excess of a reasonable attorney, only continued availability. of the proposed opinion. fee”. By the act of committing himself or This prohibition on non-refund- herself to be available to the client for Proposed Formal Advisory able special retainers does not pro- future representation, should the need hibit general retainers. General for such arise, and thus disqualifying Opin ion Request No. 98R7 retainers are not advance payments himself or herself from representa- for specific services to be provided tions in conflict with this client, the QUESTION PRESENTED: but are, instead, payment for the attorney has earned the monies paid May a Georgia attorney contract with availability of an attorney without under a general retainer. Clients may a client for a non-refundable retainer? regard to specific services to be recover such fees only upon proof of

62 GEORGIA BAR JOURNAL acts by the attorney inconsistent with Non-refundable special retainers, attorney including withdrawal the commitment. Specifically, if a as we have defined them above, prompted by the client. Nor need an client terminates a general retainer, no would be contracts to violate the attorney place any fees into a trust fees paid for the general retainer need ethical duties and law specifically account absent special circumstances be returned to the client for such fees addressed in FAO 91-2. As such they necessary to protect the interest of the have been fully earned. would be in violation of Standard 232 client. See Georgia Formal Advisory Special retainers are agreements and Standard 31 and are not permitted Opinion 91-2. Finally, there is nothing providing for the advance payment of in Georgia. Since FAO 91-2 was in this opinion that prohibits an fees for specified services to be issued, the Supreme Court of Georgia attorney from contracting for large provided. This is true regardless of has confirmed that non-refundable fees for excellent work done quickly. the manner of determining the retainers, i.e., contracts for specific When the contracted for work is done, amount of the fee or the terminology services by an attorney paid in however quickly it may have been used to designate the fee, e.g., hourly advance by the client and not refund- done, the fee is earned and there is no fee, percentage fee, flat fee, fixed fee, able to the client regardless of issue as to its non-refundability. There minimum fee, advance fee, or prepaid whether the services have been is nothing in the prohibition on non- fee. provided, are in violation of the refundable fees that requires the value In FORMAL ADVISORY OPINION 91-2 client’s absolute right to terminate of an attorney’s services to be mea- (FAO 91-2), we said: without penalty and, therefore, in sured by the time spent. Instead, all violation of the ethical obligations an fee arrangements are subject to “Terminology as to the various attorney has as a fiduciary of a client. Standard 31, which provides that the types of fee arrangements does See, AFLAC, Inc. v. Williams, 264 Ga. reasonableness of a fee shall be not alter the fact that the lawyer 351 (1994). In so doing, the Court determined as follows: is a fiduciary. Therefore, the followed the lead of Matter of lawyer’s duties as to fees should Cooperman, 83 N.Y. 2d 465 (1994), A fee is clearly excessive when, be uniform and governed by the by specifically referring to the after a review of the facts, a law- same rules regardless of the par- analysis upon which that opinion was yer of ordinary prudence would ticular fee arrangement. Those based. See, AFLAC, Inc. v. Williams, be left with a definite and firm duties are . . .: 1.)To have a clear 264 Ga. 351, 353 fn 3, citing conviction that the fee is in ex- understanding with the client as Brickman & Cunningham, Nonre- cess of a reasonable fee. Factors to the details of the fee arrange- fundable Retainers: Impermissible to be considered as guides in de- ment prior to undertaking the Under Fiduciary, Statutory, and termining the reasonableness of representation, preferably in Contract Law, 57 FORDHAM L. REV. a fee include the following: writing; 2.)To return to the cli- 146, 156-57 (1988) for the proposi- ent any unearned portion of a fee; tion that most non-refundable retain- (1) The time and labor required, 3.)To accept the client’s dis- ers are unethical and illegal. the novelty and difficulty of missal of him or her (with or This ethical and legal prohibition the questions involved, and without cause) without imposing on non-refundable retainers, however, the skill requisite to perform any penalty on the client for the does not prohibit Georgia attorneys the legal service properly. dismissal; 4.)Comply with the from designating by contract, points (2) The likelihood, if apparent to provisions of Standard 31 as to in the representation at which specific the client, that the acceptance reasonableness of the fee.” advance fees will have been earned so of the particular employment long as this is done in good faith and will preclude other employ- Also, citing In the Matter of not as an attempt to penalize a client ment by the lawyer. Collins, 246 Ga. 325 (1980), we said, for termination of the representation. (3) The fee customarily charged in the same Formal Advisory Opin- See, Fogarty v. State, 270 Ga 609 in the locality for similar ion: (1999). And, of course, the prohibi- legal services. tion described here does not call in to (4) The amount involved and the “The law is well settled that a cli- question the use of flat fees, minimum results obtained. ent can dismiss a lawyer for any fees, or any other form of special (5) The time limitations imposed reason or for no reason, and the retainer or advance fee payment so lawyer has a duty to return any long as such fees are not made non- unearned portion of the fee.”1 refundable upon withdrawal by the Continued on Page 73

JUNE 2000 63 NOTICES Notice of Motion to Amend State Bar Rules

On or after the 30th day of June 2000, the State Bar I. Amendments to Part I, Creation and Organization, of Georgia will file a Motion to Amend the Rules and Chapter 5, Finance Regulations for the Organization and Government of the It is proposed that Part I, Creation and Organization, State Bar of Georgia (hereinafter referred to as “Rules”). Chapter 5, Finance be amended by deleting the stricken It is hereby certified by the undersigned that the portions and by inserting the boldfaced italicized phrases following is the verbatim text of the proposed amend- as follows: ments as approved by the Board of Governors of the State CHAPTER 5 Bar of Georgia. Any member of the State Bar of Georgia FINANCE desiring to object to these proposed Rules is reminded that he or she may only do so in the manner provided by Rule 1-501. License Fees. Rule 5-102, Ga. Ct. and Bar Rules, pp. 11-1 et seq. (a) Annual license fees for membership in the State This statement and the following verbatim text are Bar shall be due and payable on July 1 of each year. Upon intended to comply with the notice requirements of Bar the failure of a member to pay the license fee by Septem- Rule 5-101. ber 1, the member shall cease to be a member in good standing. When such license fees and late fees for the IN THE SUPREME COURT current and prior years have been paid, the member shall STATE OF GEORGIA automatically be reinstated to the status of member in good standing, except as provided in section (b) of this IN RE: STATE BAR OF GEORGIA Rule. Rules and Regulations (b) In the event a member of the State Bar of Georgia for its Organization is delinquent without reasonable cause in the payment of and Government license fees for a period of one (1) year, the member his MOTION TO AMEND 00-1 membership in the State Bar of Georgia shall be terminated automatically suspended, and he shall not practice law in MOTION TO AMEND RULES AND REGULATIONS this state. He The suspended member may thereafter OF THE STATE BAR OF GEORGIA reinstate lift such suspension of membership only upon The State Bar of Georgia, pursuant to authorization the successful completion of the Georgia Bar Examination and direction of its Board of Governors in a regular all of the following terms and conditions: meeting held on March 25, 2000, and upon concurrence (i) payment of all outstanding dues, assessments, of its Executive Committee and Committee on Organiza- late fees, reinstatement fees, and any and all tion of the State Bar, presents to the Court his Motion to penalties due and owing before or accruing after Amend the Rules and Regulations for the Organization the suspension of membership; and Government of the State Bar of Georgia as set forth (ii) provide the membership section of the State Bar in an Order of this Court dated December 6, 1963 (219 the following: Ga. 873), as amended by subsequent Orders, Ga. Ct. and Bar Rules, pp. 11-1 et seq., and respectfully moves that (A) a certificate from the Office of General the Rules and Regulations of the State Bar be amended Counsel of the State Bar that the suspended further in the following respects: member is not presently subject to any disci-

64 GEORGIA BAR JOURNAL plinary procedure; license fee delinquency, the State Bar shall send by certified mail a notice thereof to the last known address of (B) a certificate from the Commission on Con- the member as contained in the official membership tinuing Lawyer Competency that the sus- records. It shall specify the years for which the license fee pended member is current on all requirements is delinquent and state that either the fee and all penalties for continuing legal education; related thereto are paid within sixty (60) days or a hearing to establish reasonable cause is requested within sixty (C) a determination of fitness from the Board (60) days, the membership shall terminate be suspended. to Determine Fitness of Bar Applicants; If a hearing is requested, it shall be held at State Bar Headquarters within ninety (90) days of receipt of the (iii) payment to the State Bar of a non-waivable request by the Executive Committee. Notice of time and reinstatement fee as follows: place of the hearing shall be mailed at least ten (10) days in advance. The party cited may be represented by (A) $150.00 for the first reinstatement paid counsel. Witnesses shall be sworn; and, if requested by within the first year of suspension, plus the party cited, a complete electronic record or a tran- $150.00 for each year of suspension thereaf- script shall be made of all proceedings and testimony. The ter up to a total of five years; expense of the record shall be paid by the party request- ing it and a copy thereof shall be furnished to the Execu- (B) $250.00 for the second reinstatement paid tive Committee. The presiding member or special master within the first year of suspension, plus shall have the authority to rule on all motions, objections, $250.00 for each year of suspension thereaf- and other matters presented in connection with the ter up to a total of five years; Georgia Rules of Civil Procedure, and the practice in the trial of civil cases. The party cited may not be required to (C) $500.00 for the third reinstatement paid testify over his or her objection. within the first year of suspension, plus The Executive Committee shall (1) make findings of $500.00 for each year of suspension thereaf- fact and conclusions of law and shall determine whether ter up to a total of five years; or the party cited was delinquent in violation of this Rule 1- 501; and (2) upon a finding of delinquency shall deter- (D) $750.00 for each subsequent reinstate- mine whether there was reasonable cause for the delin- ment paid within the first year of suspension, quency. Financial hardship short of adjudicated bank- plus $750.00 for each year of suspension ruptcy shall not constitute reasonable cause. A copy of thereafter up to a total of five years. the findings and the determination shall be sent to the party cited. If it is determined that no delinquency has The yearly increase in the reinstatement fee occurred, the matter shall be dismissed. If it is determined shall become due and owing in its entirety upon that delinquency has occurred but that there was reason- the first day of each next fiscal year and shall able cause therefor, the matter shall be deferred for one not be prorated for any fraction of the fiscal (1) year at which time the matter will be reconsidered. If year in which it is actually paid. it is determined that delinquency has occurred without (c) A member suspended for a license fee delin- reasonable cause therefor, the membership shall terminate quency for a total of five years in succession shall be be suspended immediately upon such determination. An immediately terminated as a member without further appropriate notice of termination suspension shall be sent action on the part of the State Bar. The terminated to the clerks of all Georgia courts and shall be published member shall not be entitled to a hearing as set out in in an official publication of the State Bar of Georgia. section (d) below. The terminated member shall be Alleged errors of law in the proceedings or findings of the required to apply for membership to the Office of Bar Executive Committee or its delegate shall be reviewed by Admissions for readmission to the State Bar. Upon the Supreme Court. The Executive Committee may completion of the requirements for readmission, the delegate to a special master any or all of its responsibili- terminated member shall be required to pay the total ties and authority with respect to terminating suspending reinstatement fee due under subsection (b)(iii) above membership for license fee delinquency in which event plus an additional $750.00 as a readmission fee to the the special master shall make a report to the Committee State Bar. of its findings for its approval or disapproval. (d) Prior to terminating suspending membership for a After a finding of delinquency, a copy of the finding

JUNE 2000 65 shall be served upon the Respondent attorney. The of the Court’s judgement shall be transmitted to the Respondent attorney may file with the Court any written Executive Committee and to the Respondent attorney by exceptions (supported by the written argument) said the Court. Respondent may have to the findings of the Executive Within thirty (30) days after a final judgement which Committee. All such exceptions shall be filed with the terminates suspends membership, the terminated sus- Clerk of the Supreme Court and served on the Executive pended member shall, under the supervision of the Committee by service on the General Counsel within Supreme Court, notify all clients of said terminated twenty (20) days of the date that the findings were served suspended member’s inability to represent them and of on the Respondent attorney. Upon the filing of exceptions the necessity for promptly retaining new counsel, and by the Respondent attorney, the Executive Committee shall take all actions necessary to protect the interests of shall within twenty (20) days of said filing, file a report of said terminated suspended member’s clients. Should the its findings and the complete record and transcript of terminated suspended member fail to notify said clients evidence with the Clerk of the Supreme Court. The Court or fail to protect their interests as herein required, the may grant extensions of time for filing in appropriate Supreme Court, upon its motion, or upon the motion of cases. Findings of fact by the Executive Committee shall the State Bar of Georgia, and after ten (10) days’ notice to be conclusive if supported by any evidence. The Court the terminated suspended member and proof of failure to may grant oral argument on any exception filed with it notify or protect said clients, may hold the terminated upon application for such argument by the Respondent suspended member in contempt and order that a member attorney or the Executive Committee. The Court shall or members of the State Bar of Georgia take charge of the promptly consider the report of the Executive Committee, files and records of said terminated suspended member exceptions thereto, and the responses filed by any party to and proceed to notify all clients and take such steps as such exceptions, if any, and enter its judgement. A copy seem indicated to protect their interests. Any member of the State Bar of Georgia appointed by the Supreme Court to take charge of the files and records of the terminated suspended member under these Rules shall not be permit- ted to disclose any information contained in the files and records in his or her care without the consent of the client to whom such file or record relates, except as clearly necessary to carry out the order of the court. (e) Any member terminated solely for license fee delinquency after January 1, 1997 shall be eligible to apply for reinstatement on the same terms and condi- tions and in the same manner as a member suspended for license fee delinquency may apply for lifting of suspension pursuant to (b) above.

Rule 1-501.1. License Fees — Late Fee. Insurance Special- Any member who has not paid his or her license fee on or before August 1 shall be penalized in the amount of ists new seventy-five dollars ($75.00). Any member who is delinquent in his or her license fee on or after January 1 of each year shall be penalized in the additional amount of one hundred dollars ($100) for a total of one hundred seventy-five dollars ($175).

Rule 1-502. Amount of License Fees. The amount of such license fees for active members shall not exceed $250.00, and shall annually be fixed by the Board of Governors for the ensuing year; provided, however, that except in the case of an emergency, such annual dues shall not be increased in any one year by more than $25.00 over those set for the next preceding

66 GEORGIA BAR JOURNAL year. The annual license fees for inactive members shall Georgia. This fee shall be used only to fund the Clients’ be in an amount not to exceed one-half (1/2) of those set Security Fund and shall be in addition to the annual for active members. Subject to the above limitations, license fee as provided in Rule 1-501 through Rule 1-502. license fees may be fixed in differing amounts for differ- (b) The Clients’ Security Fund assessment shall be ent classifications of active and inactive membership, as due and payable in $20.00 installments on July 1 of each may be established in the bylaws. year until the balance of $100.00 is paid. The failure of a member to pay the minimum annual installments shall Rule 1-502.1. Fees for Associates. subject the member to the same penalty provisions, The amount of fees for associates as provided in Rule including late fees and termination suspension of mem- 1-206 shall be fixed by the Board of Governors at an bership, as pertain to the failure to pay the annual license amount less than the amount prescribed for active mem- fee as set forth in Bar Rules 1-501 and 1-501.1. bers pursuant to Rule 1-502, but for such amount as will reasonably cover the cost of the publications furnished; Rule 1-507. Bar Facility Assessment. provided, however, law student association fees may be (a) The State Bar is authorized to assess each member fixed at a nominal level. of the State Bar a fee of $200.00. This $200.00 fee may be paid in minimum annual installments of $50.00 for a Rule 1-503. Disbursements. period of four (4) years. This fee shall be used to pur- The Board of Governors shall have the power to chase, maintain, and operate a facility for the State Bar direct the disbursement of funds of the State Bar of offices and shall be in addition to the annual license fee as Georgia. No officer named herein and no member of the provided in Rule 1-501 through Rule 1-502 and the Board of Governors shall receive any compensation for Clients’ Security Fund Assessment as provided in Rule 1- his or her services except that the Board of Governors 506. may provide for the reimbursement of the actual and (b) The Bar Facility assessment shall be due and necessary expenses incurred by officers in the discharge payable in $50.00 installments on July 1 of each year of their duties. until the balance of $200.00 is paid. For members admit- ted to the State Bar prior to July 1, 1997, such install- Rule 1-504. Bonds. ments shall begin on July 1, 1997. For newly admitted Every person having the duty or right to receive or members of the Bar, such installments shall begin when a disburse the funds of the State Bar of Georgia shall be new member is admitted to the State Bar. The failure of a required to furnish bond conditioned on his or her faithful member to pay the minimum annual installments shall performance with such security as the bylaws or the subject the member to the same penalty provisions, Board of Governors may require. including late fees and termination suspension of mem- bership, as pertain to the failure to pay the annual license Rule 1-505. Audit. fee as set forth in Bar Rules 1-501 and 1-501.1. U The Board of Governors shall annually cause an audit of the financial affairs of the State Bar of Georgia to be made, and the bylaws shall provide for the communica- tion of the findings thereof to the membership.

Rule 1-506. Clients’ Security Fund Assessment. (a) The State Bar of Georgia is Arthur Anthony authorized to assess each member of the State Bar of Georgia a fee of $100.00. This $100.00 fee may be pickup 4/00 p67 paid in minimum annual installments of $20.00 for a period of five (5) years. Each new member of the State Bar will also be assessed a similar amount payable in a similar manner upon admission to the State Bar of

JUNE 2000 67 NOTICES Supreme Court Issues Formal Advisory Opinion During the month of January Formal Advisory Opin ion Rule 8-101(a)(2), concluded that as 2000, the Supreme Court of Georgia an ethical matter, the attorney should issued a formal advisory opinion that No. 00-1 (Proposed Formal remove himself to avoid creating the was proposed by the Formal Advisory Advisory Opin ion No. 98-R6) appearance of impropriety. Opinion Board. Following is the full Directory Rule 8-101-1(a)(2) text of the opinion issued by the QUESTION PRESENTED: provides: “A lawyer who hold public court. When the City Council controls office shall not ... use his public STATE BAR OF GEORGIA the salary and benefits of the mem- position to influence, or attempt to ISSUED BY THE SUPREME bers of the Police Department, may a influence, a tribunal to act in favor of COURT OF GEORGIA councilperson, who is an attorney, himself or a client...” It is not ON JANUARY 21, 2000 represent criminal defendants in directly applicable here, because the matters where the police exercise concern is not with influence upon a discretion in determining the tribunal, but rather with influence charges? upon a law enforcement officer. Where the law enforcement officer SUMMARY ANSWER: works with the prosecutor and has Representation of a criminal significant impact on the exercise of defendant in municipal court by a prosecutorial discretion, however, member of the City Council where any improper influence may affect the City Council controls salary and the tribunal by affecting the charges Health benefits for the police does not presented to the tribunal. violate any Standards and does not This opinion addresses itself to a Care subject an attorney to discipline. In situation where the City Council any circumstance where it may create member votes on salary and benefits an appearance of impropriety, for the police. Particularly in small Auditors however, it should be avoided. municipalities, this situation could give rise to a perception that a police pickup OPINION: officer’s judgment might be affected. We have previously addressed a For example, a police officer might related question, that is, the ethical be reluctant to oppose a request that 4/00 p49 propriety of an attorney/city council he recommend lesser charges or the member representing private clients dismissal of charges when the before city-appointed judges when request comes from a council the council is involved in appointing member representing the accused. As judges. Formal Advisory Opinion Formal Advisory Opinion No. 89-2 No. 89-2. That opinion recognized explains, situations like the one at that no Standards were applicable, hand give rise to inherent influence but upon consideration of Directory which is present even if the attorney

68 GEORGIA BAR JOURNAL who is also a City Council member Fireman’s Fund Ins. Co., 233 Ga. This opinion, as did Formal attempts to avoid using that position 919 (1975); Sauls v. State, 220 Ga. Advisory Opinion No. 89-2, “offers to influence the proceedings. App. 115 (1996). But see O.C.G.A. ethical advice based on the appli- Directory Rule 9-101, “Avoiding §45-5-6. Where a police officer cable ethical regulations.” The Even the Appearance of Impropri- exercises discretion as to the pros- representation discussed, if engaged ety”, is also implicated in this ecution of criminal charges, the in, would not per se violate any situation. Directory Rule 9-101 police officer is a public official Standard and would not subject the provides in section C that “A lawyer within the meaning of Directory attorney to discipline. We also note shall not state or imply that he is able Rule 9-101. Pursuant to Directory that the ethical concerns raised by to influence improperly or upon Rule 9-101, therefore, an attorney this representation are personal to the irrelevant grounds any tribunal, should not represent a criminal attorney and would not be imputed to legislative body, or public official.” defendant where an inference of other members of the law firm. U As a general matter, a police officer improper influence can reasonably is a public official. See White v. be drawn.

West 1/2 “building blocks 4C pickup 4/00 p71

JUNE 2000 69 NOTICES Board of Governors Meeting Attendance

6-99(Fri) 6-99(Sat) 8/99 11-99 1-00 3/00 6-99(Fri) 6-99(Sat) 8/99 11-99 1-00 3/00 Savannah Savannah Amelia Brasstown Atlanta Macon Savannah Savannah Amelia Brasstown Atlanta Macon • • • • • Ross Adams • • • • • • Hubert C. Lovein • • • • • • Anthony B. Askew • • • • • • Leland M. Malchow • • • • • William Steven Askew n/a • • • • • Edwin Marger • • Thurbert E. Baker • • • • • H. Fielder Martin • • • • • • Donna Barwick • • • • • • C. Truitt Martin, Jr. • • • • • William D. Barwick n/a • • • • Johnny W. Mason, Jr. • • • • • Robert L. Beard, Jr. • • • William C. McCalley n/a • • J. Lane Bearden • • • • • • William C. McCracken • • • • James D. Benefield III • • • • • Ellen McElyea • • • • • Barbara B. Bishop • • • • Joseph Dennis McGovern • • • Joseph A. Boone • • • • Larry M. Melnick • • • • • Wayne B. Bradley • • • C. Patrick Milford • • • • • • Jeffrey O. Bramlett • • • • J. Brown Moseley • • • • Sam L. Brannen • • • • • A. L. Mullins • • e e James C. Brim, Jr. • • • • • • George E. Mundy n/a • • • • • William K. Broker • • • • • • Aasia Mustakeem n/a n/a • • • • James Michael Brown • • • John A. Nix • • • • Thomas R. Burnside, Jr. • • • • • • Dennis C. O’Brien n/a • • • • S. Kendall Butterworth • • • • • Bonnie C. Oliver • • • • • • William E. Cannon, Jr. • • • • • • Rudolph N. Patterson • • • • • • Edward E. Carriere, Jr. • • Matthew H. Patton • • • • • • Paul Todd Carroll, III • • • Carson Dane Perkins • • • • • • Bryan M. Cavan • • Patrise Perkins-Hooker • • • • • • Thomas C. Chambers, III • • • • • • J. Robert Persons • • • F. L. Champion, Jr. • • • • • R. Chris Phelps • • • • • John A. Chandler • • • • John C. Pridgen • • • • • Joseph D. Cooley, III • • • • Thomas J. Ratcliffe, Jr. • • • • • Delia T. Crouch • • • • • • George Robert Reinhardt • • • • • William D. Cunningham • • • Jeffrey P. Richards • • • • • William V. Custer, IV n/a • • • • • Robert V. Rodatus • • • • • David P. Darden • • • • e Tina Shadix Roddenbery • • • • • • Dwight J. Davis • • • • • Joseph Roseborough • • • • • • Joseph W. Dent • • • • • William C. Rumer • • • • • Ernest De Pascale, Jr. n/a • • • • • Dennis C. Sanders • • • • Foy R. Devine • • • • Thomas G. Sampson • • • • • • Charles J. Driebe n/a • • • • Robert L. Shannon, Jr. • • • • • C. Wilson DuBose • • • • • • Michael M. Sheffield • • • • • • James B. Durham n/a • • • • • Kenneth L. Shigley • • • • • • Myles E. Eastwood • • • • • • M.T. Simmons, Jr. • • • • • Gerald M. Edenfield • • • • • e Lamar W. Sizemore, Jr. • • • J. Franklin Edenfield • • • • • William L. Skinner • • • • • O. Wayne Ellerbee n/a • • • • • Philip C. Smith • • • • Michael V. Elsberry • • • • R. Rucker Smith • • • • • J. Daniel Falligant • • • • S. David Smith • • • • e e B. Lawrence Fowler n/a n/a • • • • Hugh D. Sosebee • • • • • • James B. Franklin • • • • • • Huey Spearman • • • • • Gregory L. Fullerton • • • • • Lawrence A. Stagg • • • • • Gregory A. Futch • • • • John Stell • • • • H. Emily George • e • Frank B. Strickland • • • • • • Adele P. Grubbs • • • • Richard C. Sutton n/a • • • • • Robert R. Gunn, II • • • • • Jeffrey B. Talley • • • • • • John P. Harrington • • • • • • John J. Tarleton • • • • • Walter C. Hartridge • • • • • S. Lester Tate, III n/a • • • • Steven A. Hathorn • • • • • • Henry C. Tharpe, Jr. • • • • • James A. Hawkins • • • • • • Dwight L. Thomas • • • • • Joseph J. Hennesy, Jr. • • Edward D. Tolley • • • • • • Phyllis J. Holmen • • • • • • Christopher A. Townley • • • • Roy B. Huff • • • • Carl A. Veline, Jr. • • • • Donald W. Huskins • • • • Joseph L. Waldrep • • • • • • Robert D. Ingram • • • • • J. Henry Walker • • • • • James Irvin • J. Tracy Ward • • • • • e Rachel K. Iverson • George W. Weaver • • • • • Michael R. Jones, Sr. • • • • • • N. Harvey Weitz • • • • • • William Alan Jordan • • • A. J. Welch n/a • • • • • J. Benjamin Kay, III • • • • Andrew J. Whalen, III n/a • • • Dow (Kip) N. Kirkpatrick • • • • • James L. Wiggins • • • • William P. Langdale, Jr. • • • Wiliam N. Withrow, Jr. e • • e • Earle F. Lasseter • • • Gerald P. Word • • • • J. Alvin Leaphart • • • • • Anne Workman • • • • Francis Marion Lewis • • • • Gordon R. Zeese • • • • • • David S. Lipscomb • • • Marvin H. Zion • - attended; e - excused; blank- did not attend; n/a - not on Board; For a list of the Board of Governors by circuit, see the Directory pg. 9. 70 GEORGIA BAR JOURNAL west new fullpage, b & w “redefin- ing citation research pickup 4/00 p56

JUNE 2000 71 20 August NATIONAL BUSINESS INSTITUTE Advanced Construction Law in Georgia 2000 Atlanta, GA 6.0/0.5/0.0/0.0 2 NATIONAL BUSINESS INSTITUTE 21 A Practical Guide to Estate Administra- NATIONAL BUSINESS INSTITUTE tion in Georgia Child Support & Enforcement In Georgia Atlanta, GA Atlanta, GA 6.7/0.5/0.0/0.0 6.0/0.5/0.0/0.0 CLE/Ethics/Professionalism/Trial Practice 8 Note: Due to space limitations, only 23 NATIONAL BUSINESS INSTITUTE seminars held in Georgia are listed. ICLE Workers’ Compensation Hearing Georgia Fiduciary Law Institute Atlanta, GA July St. Simon’s, GA 6.0/0.5/0.0/0.0 12.0/1.0/1.0/3.0 2000 9 25 NATIONAL BUSINESS INSTITUTE 14 NATIONAL BUSINESS INSTITUTE Selecting & Terminating Employees in NATIONAL BUSINESS INSTITUTE Effective Planning for the Small Estate Georgia Employee Handbooks in Georgia: in Georgia Atlanta, GA Drafting & Enforcing Sound Procedures Atlanta, GA 6.0/0.0/0.0/0.0 3.0/0.0/0.0/0.0 Atlanta, GA 11 3.0/0.0/0.0/0.0 28 ICLE 16 PROFESSIONAL EDUCATION SYSTEMS Environmental Law Institute NATIONAL CRIMINAL DEFENSE COLLEGE An Intensive Introduction to Law, Tax & Jekyll Island, GA Trial Practice Institutes 2000 Formation 8.0/1.0/1.0/3.0 Atlanta, GA Atlanta, GA 6.9/0.8/0.0/0.0 PROFESSIONAL EDUCATION 76.0/12.0/2.0/0.0 General Fiduciary Income Tax Workshop 18 NATIONAL BUSINESS INSTITUTE Atlanta, GA NATIONAL BUSINESS INSTITUTE The Law of the Internet 6.7/0.0/0.0/0.0 Commercial Lending in Georgia Atlanta, GA 6.0/1.0/0.0/0.0 LORMAN BUSINESS CENTER Atlanta, GA Organization & Operation 6.0/0.5/0.0/0.0 LORMAN BUSINESS CENTER Atlanta, GA 19 Workers’ Compensation in Georgia 6.7/0.0/0.0/0.0 NATIONAL BUSINESS INSTITUE Macon, GA 6.0/0.0/0.0/0.0 25 Health Law in Georgia GEORGIA INDIGENT DEFENSE COUNCIL Atlanta, GA Statewide Criminal Defense Training 6.0/0.5/0.0/0.0 (Advanced) Athens, GA 6.0/0.0/0.0/4.0 September 2000 7 GEORGIA INDIGENT DEFENSE COUNCIL Basic Systems new New Lawyer Training Atlanta, GA 12.5/0.0/0.0/12.5 18 SOUTHERN FEDERAL TAX INSTITUTE 35th Annual Southern Federal Tax Institute Atlanta, GA 35.0/1.0/1.0/0.0

72 GEORGIA BAR JOURNAL Con tin ued from Page 63

by the client or by the circumstances. (6) The nature and length of the professional relation- ship with the client. Ga Legal Services (7) The experience, reputa- tion, and ability of the new lawyer or lawyers performing the services. (8) Whether the fee is fixed or contingent. En dn otes

1. Georgia Formal Advisory Opin- ion 91-2. 2. See also, ABA Model Rule of Professional Conduct 1.16(d), “Upon termination of representa- tion, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as . . . refunding any advance pay- ment of fees that has not been earned.” Georgia is now in the process of considering adoption of a version of the ABA Model Rules of Professional Conduct including Model Rule 1.16(d). As noted in this Opinion Model Rule 1.16(d) is consistent with the cur- rent ethical obligations of Georgia lawyers

JUNE 2000 73 Con tin ued from Page 19 more sophisticated training, support in only short-term relief. Representa- and mentoring work. tion of a child in a juvenile matter Rethin kin g In take, Case Ending intake as we know it. may be somewhat futile if that Rather than spending a great deal of juvenile returns to a highly dysfunc- Placemen t, an d Case staff or volunteer time screening tional family. Obtaining SSI benefits Han dlin g low-income clients who are seeking for a sick child, while a beneficial legal assistance, some programs are outcome, may only address one facet At many pro bono programs, the now relying on others to perform that of a family’s even more pressing majority of staff/administrative time time-consuming function, training concerns about the child’s develop- is spent in recruiting potential social workers, physicians’ assis- ment. A number of programs in- volunteers, screening possible cases tants, nurses’ aides and others who creasingly recognize the importance for placement, and placing individual spend a great deal of their time of providing legal assistance in the cases with individual attorneys. The reaching out and working with low- context of a constellation of broader current system has its strengths, but income families to conduct effective services — medical, financial, it is highly time-intensive, particu- screening of legal issues. Not only is counseling, etc. — to insure better larly when the cases to be placed are this a time-saver for pro bono outcomes and better lives for poor relatively simple matters that will not program and legal services staff, it families. Increasingly, this also require a substantial investment of also builds stronger ties with social means that, rather than waiting for volunteer attorney time. How can pro services providers and often leads to clients to come to their offices with bono programs reconfigure their the identification of previously problems, these programs go where operations to minimize staff time and unrecognized legal problems, people needing help can be found — maximize volunteer participation? because the social service staff is elderly day care centers and housing, Creative approaches include, but are often more attuned and adept at hospitals, social service centers. not limited to, the following: “getting the full story.” Technology. Technology is a Self-contained volunteer Ending recruitment as we vitally important tool in promoting projects. One important technique to know it. Traditionally, pro bono innovative approaches to pro bono reduce staff administrative time is to programs have recruited attorneys on a service. As noted above, the use of e- transfer infrastructure responsibilities one-on-one basis to participate in pro mail to solicit pro bono attorneys can to legal employers and institutions bono work and have viewed only help programs to substantially and other collections of attorneys those lawyers officially signed up with increase volunteer participation. that not only provide access to many the program as potential volunteers. Listservs can help in the manage- lawyers but also have administrative This is both an artificially narrow and ment of self-contained and self- and other capacities. Atlanta has a highly time-consuming approach to administered volunteer projects. been at the forefront of this innova- recruitment and placement. Some Programs now use television/computer tion. The Children’s SSI project, in programs now use faxes and e-mail to links to serve clients in remote rural which the Atlanta office of Nelson, contact a subset of all practicing areas, cutting down on the travel time Mullins partnered with Atlanta lawyers (not simply those who have that often drastically limited access to Volunteer Lawyers to provide affirmatively “joined” the program) legal assistance in those areas, and outreach and screening, is an excel- regarding clients who need counsel. making staff and volunteer attorneys lent example of such a project, as is Since attorneys are often impelled to from more populous parts of the state the Atlanta Bar’s Truancy Interven- do pro bono work because they are available to serve poor people in areas tion Project, in which Alston & Bird moved or excited about the facts of a with few or no lawyers. In one city, all LLP has played a leading role. particular case, programs that reach United Way-funded programs — However, these projects need not out broadly report placement rates as including legal services — are now be limited to large firm participation. high (or even higher) than the rates of linked electronically so that they can In other states, law school alumni case placement among officially more easily provide complimentary associations, bar sections, or lawyers recruited volunteers. interdisciplinary services to their who belong to a particular religious Holistic delivery (and going common clients. group or institution have banded where the clients are). For many together to design, sponsor, adminis- low-income clients, resolving their ter and staff their own projects, presenting legal problem without freeing up the pro bono staff for addressing other issues often results

74 GEORGIA BAR JOURNAL Con clusion who engage and support a larger Author’s Note: This article is based, in part, community of advocates, including on an earlier article by the same author that Pro bono services currently offer private lawyers, community groups, appeared under the title Reinventing Pro Bono an important but somewhat limited social services providers, and even in the November 1999 issue of the Cornerstone, legal resource for low-income government agencies, we can truly a newsletter published by the National Legal persons. When viewed in a more make justice for all a reality. U Aid and Defender Association. For further in- creative fashion, pro bono — by formation about the Pro Bono Institute, please leveraging every possible lawyer, contact the PBI Web site at www.probono Esther F. Lardent is president and chief oper- aligning with other service providers, inst.org. ating officer of The Pro Bono Institute. She is and offering a wide range of legal immediate past Chair of the American Bar skills — can become a source of Association’s Consortium on Legal Services long-term, effective solutions to and the Public, and currently serves on the problems faced by the poor. If the ABA’s Board of Governors. Lardent received nation’s full-time advocates in legal her undergraduate degree, magna cum laude, services and pro bono programs from Brown University, and her law degree begin to view themselves not as the from the University of Chicago. primary case handlers, but rather as strategists and resource managers

Morningstar new

JUNE 2000 75 Con tin ued from Page 11 will serve your God, you will sacrifice for your fam- ily, you will share with your neighbors, and you will Professionalism created a community service award to be perform public service if called upon to do so.” presented to a lawyer from each of Georgia’s ten judicial circuits. In making these awards, the Chief Justice He concluded the 1999 State of the Judiciary address demonstrated his conviction that such service is a corner- by reciting a poem from an unknown author containing a stone of professionalism in familiar theme: the law. “I want lawyers to focus on their roles in I have not lived in vain if community service,” he said. “If I decide I won ’t atten d my son ’s I’ve lit some spark of “Sometimes they get so hope in some helpless involved with the profession Eagle Scout ceremon y to put in soul or helped some that they don’t see it as part struggling brother or sis- of a bigger picture. an other hour at the office, in ten ter lift a heavy load. People are so involved with their professions that it years’ time I won ’t remember much If I have shed a light in a takes them away from their about the case, but my son will darkened hour then I community,” he continued. have not lived in vain. “If I decide I won’t attend remember I wasn ’t there.” my son’s Eagle Scout If we’ve erred as all men ceremony to put in another — Chief Justice Robert Ben ham and women have and dis- hour at the office, in ten pleased the God from years’ time I won’t remember much about the case, but whence we came, but heard him say thou are for- my son will remember I wasn’t there. When your son gets given, then our prayers have not been in vain. a merit badge or an autistic child is able to lift a bite of We put our heart and soul within our labor. food to [her] mouth — those are important occasions for We didn’t strive to reach the hall of fame. you.” We labored among the meek and the lowly. Further, the Chief Justice cited his own experiences, We’ve seen our fruits, our work has not been in vain. U including volunteering for Habitat for Humanity and participating in numerous church and community pro- grams, as a source of great personal satisfaction. Beyond Chief Justice Robert Benham — who received a B.S. degree from Tuskegee his personal benefit, the Chief Justice stressed that his pro University in 1967, J.D. from University of Georgia in 1970, and LLM bono work is “designed to enrich the community and from University of Virginia in 1989 — served on the Court of Appeals offer tools for addressing problems. I have a vested from 1984 to 1989 when he was appointed to the Supreme Court by interest – the more problems the community can solve, Governor Joe Frank Harris. He has served as the 26th Chief Justice the fewer problems they’ll be bringing to court.” since 1995. Chief Justice Benham has shared his philosophy and personal experience with members of the Georgia General Assembly:

We are also proud of all of our legisla- tors, and we are proud of our lawyer legislators — those who have given N.GA Mediation of their time, energy, effort, and ser- vice to their fellow human beings. As the new legislators assume their roles, pickup, 4/00 p47 I want to remind you of something my dad told me when I was twelve. Simple message: he sat us down, my two brothers and me, and said, “This is what it takes to live in this family: you

76 GEORGIA BAR JOURNAL West new full BW “Web site v. Firmsite”

JUNE 2000 77 Con tin ued from Page 29 increase in income for the 126 children in these 49 families was $42,525 per month — or over half a million put an enormous strain on grandparents and grandchildren dollars in the course of a year. With this money, the alike. Furthermore, once grandparents adopt their grand- grandparents paid for decent housing, good food, cloth- children, they then have the legal authority to make ing, and educational and cultural enrichment. decisions concerning their The work of Rick medical care and education. Horder and the specially The Grandparents trained volunteer attorneys Project also helps relatives The overall in crease in in come for at Kilpatrick Stockton other than grandparents with significantly enhanced the adoptions when they are the 126 children in these 49 families resources of the Grandpar- caring for children who are ents Project and allowed it not their birth children. For was $42,525 per mon th — or over to create secure and endur- example, one client, Dor- ing homes for neglected, othy, who was 26, had taken half a million dollars in the course of sometimes abused children. care of her brother and For its contribution to the sisters almost all of her life. a year. Grandparents Project, Their parents had a long Kilpatrick Stockton won the history of alcohol and drug abuse. Their father died nine 1999 William B. Spann Award from the State Bar of years ago, and their mother died five years ago of AIDS. Georgia for leadership in the field of pro bono legal Dorothy’s youngest sister is HIV-positive and requires services. U extra care, and Dorothy is the mother of four children of her own. The household income was under $1,000 a Steve Gottlieb has been Executive Director of the Atlanta Legal Aid So- month from a combination of welfare, Social Security ciety since 1980. In addition to the Grandparents Project, he has created disability payments, and child support. many programs that address special legal problems and vulnerable popu- By adopting her siblings Dorothy gained the stable lations, for example, the AIDS Legal Project, the Fundraising Project, legal relationship that she needed to make medical and and the Georgia Senior Legal Hotline. He graduated from Hamilton educational decisions for them, as well as the financial College and received his law degree from the University of Pennsylva- help they needed to pay for school clothes and other nia Law School. essentials. After adoption the family will get over $1,000 Karen Steanson has been Director of Development of the Atlanta Legal in Georgia’s Adoption Assistance alone. The Social Aid Society since August 1998. Her responsibilities include management Security Disability payments and other support will of the recent campaign for the Society’s Endowment Fund (raising over continue, and the adopted children will get to keep their $1 million in outright gifts and deferred commitments from individuals) Medicaid benefits. Best of all, each child has a stable, and the Annual Bar Campaign, communications, foundation proposals, secure, and permanent home. and special events-such as the celebration of the Society’s 75th Anniver- The Grandparents Project’s first full year was very sary throughout 1999. She graduated from Stetson University and earned productive. From July 1, 1998 through June 30, 1999, a Ph.D. in English literature and an MBA from Yale University. Venters placed 31 cases involving 77 children with volunteer attorneys, mostly from Kilpatrick Stockton. An additional 18 cases involving 49 children were ready to be placed as those cases were completed. Another 76 clients were provided counsel and advice about other options besides adoption; some of these clients, while not eligible for adoption now, could well be eligible in the future. Con clusion What does this mean to the clients and to the commu- nity? It means increased stability for 49 new families. As the volunteer attorneys completed these adoptions, each child began to receive adoption assistance. The overall

78 GEORGIA BAR JOURNAL Gilsbar new full 4C

JUNE 2000 79 martindale-hubbell, fullpage 4 color pickup 4/00 inside cover

80 GEORGIA BAR JOURNAL Con tin ued from Page 15 En dn otes engage in pro bono service. There is empirical data to support the proposition that recruitment is enhanced by a 1. Bendini, Lambert & Locke is the law firm in the popular well supported, structured, user-friendly firm pro bono John Grisham novel The Firm. program and that firms with such programs command a 2. This article is not going to quibble over the definition of “pro 17 bono,” accepting the definition of the Law Firm Pro Bono recruiting advantage. Challenge with a frequently stated preference for an expan- sion thereof to include more activities and thereby encourage It Allows us to Meet our Ethical Duty as Lawyers. service on a broader scale, nor will this article enter into the This is listed where it is because, as stated above, I thicket of mandatory pro bono, a non sequitur to this author. Rather, this article will posit that there are numerous and en- don’t believe this is a terribly meaningful factor. We all during bases for pro bono service and that these transcend the know the ethics rules relating to our profession and either vagaries of financial markets and extraordinary economic appreciate the duty and contribute or rationalize our way environments. around it. I do not believe that you can legislate, impose, 3. Harry T. Edwards, The Growing Disjunction Between Legal Education and the Legal Profession, 91 MICH. L. REV. 34, 66 or require morality. (1992). 4. Memorandum from Annemarie Stoll, Theater Operations As- Con clusion sistant, Fisher Theater, Detroit, Michigan to Heather K. Gerken, Editor-in-Chief, Michigan Law Review 1 (June 8, Now — while we are under the duress of trying to 1993). 5. OLIVER WENDELL HOLMES, The Profession of the Law, in COL- fund astronomical associate starting salaries — is perhaps LECTED LEGAL PAPERS 29, 29-30 (1920). the best time to review why lawyers engage in pro bono 6. Matthew 22:37-40. service and to recommit to it. This is so because there 7. Luke 10-25-37. should be no relationship between lawyers’ essential core 8. Nitza Milagros Escalera, A Christian Lawyer’s Mandate to Provide Pro Bono Publico Service, 66 Fordham L. Rev. 1393, values and the periodic negative economics of law 1399 (1998) (footnotes omitted). practice. 9. President Abraham Lincoln, First Inaugural Address (Mar. 4, Pro bono activities are not spare time, ancillary 1861). activities; rather, they define who we, as lawyers, are. They 10. Robert v. Tift, 60 Ga. 566, 571 (1878) (emphasis added). 11. Ester F. Lardent, Mandatory Pro Bono: in Civil Cases: The are nuclear priorities on the road to fundamental fairness Wrong Answer to the Right Question, 49 MD. L. REV. 78 and equal justice, a road that we, as custodians of the (1990); see also Richard C. Baldwin, “Rethinking Profession- justice system, are uniquely qualified to walk. Our commit- alism” – And Then Living It!, 41 EMORY L. J. 433 (1992). ment to walk this road and serve our neighbor must never 12. MARK TWAIN, FOLLOWING THE EQUATOR (1897). be compromised by the swirling winds of economic 13. Jennifer Gerarda Brown, Rethinking “The Practice of Law,” 41 EMORY L.J. 451 (1992). change. 14. Deborah L. Rhode, Cultures of Commitment: Pro Bono for I am happy to report that the Bendini committee Lawyers and Law Students, 67 FORDHAM L. REV. 2415 (1999). appointed by the Managing Partner rejected Lance 15. Debra Burke, et al., Pro Bono Publico: Issues and Implica- tions, 26 LOY. U. CHI. L.J. 61 (1994). deBoyle’s recommendation, leaving its commitment to pro 16. Rhode, supra, note 13, at 2417. bono activities intact, and otherwise found funding for 17. Burke, et al., supra, note 14, at 62. associate salary increases. And Atticus, smiling slightly, left the office early, picked up Scout and Jem and took them to the annual Legal Aid picnic. U

W. Terence Walsh is a partner in the Alston & Bird trial and appellate practice and intellectual property litigation practice groups, a Past Presi- dent of the Atlanta Bar Association and the Younger Lawyers Division of the State Bar, and he served on the State Bar Board of Governors from 1979-99. He received his A.B. degree from Brown University in 1965 and his J.D. from Emory in 1970. Walsh currently chairs the State Bar Committee on Children and the Courts.

JUNE 2000 81 Classifieds

Employment: Attorneys Books/Office Furniture/ Real Estate For Rent Equipment & Videos ATTORNEY JOBS. The FRANCE/ITALY. Provence – nation’s #1 job-hunting bulletin for THE LAWBOOK EX- 17th C. stone house on wine estate in attorneys is now exclusively online CHANGE LTD. buys, sells and Luberon, 4 bedroom, 2 bath, pool, at: AttorneyJobsOnline.com. Sub- appraises all major law book sets— near Roussillon, weekly $900 to scribe online or call us on (800) 296- state and federal. For the best prices, $1,700. Tuscany – views of San 9611. Extensive Web site provides top quality and guaranteed satisfac- Gimignano’s medieval towers from thousands of attorney and law- tion, call toll free (800) 422-6686 for two 18th C. houses on same wine and related jobs nationwide and abroad free information. MasterCard, Visa olive estate. House #1 = 6 bedrooms, at all levels of experience in public and American Express accepted. 3 baths, weekly $1,800 - $2,700. (Federal, state and local), private and http://www.lawbookexchange.com House #2 = 4 spacious apartments, nonprofit sectors, plus legal career weekly $900 - $1,100. Representing transition advice and information in WILLIAM S. HEIN COM- owners of authentic, historic vaca- our content-rich Legal Career PANY. More than 70 years later, still tion rental properties in France and Center. Quality counts. Sponsored your #1 source for buying/selling Italy. Law Office of Ken Lawson, by West Group. lawbooks. 50%-70% savings on Web site: http://www.lawofficeofken major sets, International Law, Rare/ lawson.com, e-mail: kelaw@ LITIGATION ASSOCIATE. Antiquarian law. Appraisal services lawofficeofkenlawson.com, (206) Inglesby, Falligant, Horne, available. Call (800) 496-4346. Fax 632-1085, fax (206) 632-1086. Courington, and Chisholm, an AV- (716) 883-5595. Web site: rated, eight-lawyer commercial firm www.wshein.com/used-books in historic Savannah seeks a litiga- tion associate with two (2) to six (6) Services years’ experience. Exceptional FREE REFERRALS. Legal Advertisin g In dex opportunity. Please submit resume to Club of America seeks attorneys to Arthur An thon y 67 (912) 236-0286 (fax) or receive new clients. Must be licensed Basic Systems 56 [email protected] (email). and maintain liability insurance. There is no cost to participate; Creative Legal Resources 53 REAL PROPERTY ATTOR- however, attorneys must abide by a Dan Turn er Builders 41 NEY/TITLE EXAMINER. Title discounted fee schedule. All law Georgia Legal Services 73 Company has positions in Augusta, areas needed. Not an insurance Gilsbar 79 Savannah, and Albany for real estate program. Call (888) 299-5262, E- Health Care Auditors 68 attorney. Excellent opportunity to mail: [email protected] or visit In suran ce Specialists 61, 66 add to small practice or manage your www.legalclub.com for information. own profitable business. Send Lexis Law Back cover resume to: ATR, Inc., P.O. Box WAS YOUR CLIENT IN- Lexis Nexis 4 1419, Buford, GA 30515. JURED OR ARRESTED IN LAS Loislaw.com 47 VEGAS? Call Craig P. Kenny & Main street 7 ATTENTION: FORMER Associates, a law firm that is com- MILITARY JUDGE ADVO- mitted to the client, practicing Martin dale-Hubbell 80 CATES. The Georgia Air National primarily in the areas of personal Morn in gstar Techn ologies 75 Guard has an opening for a Judge injury, workers’ compensation, Nextel In side back Advocate position at Robins Air medical malpractice and criminal North Georgia Mediation 76 Force Base. If you are interested in defense. Experienced trial attorneys. South Georgia Mediation 27 continuing you military service on a Call Craig toll free (888) 275-3369 Wray, Robert H. MD, JD 73 part-time basis (one weekend a or WWW.CPKLAW.COM. West Group In side cover, 69, 71, 77 month), please contact Max Wood at (912) 741-8800.

82 GEORGIA BAR JOURNAL Nextel full BW pickup 2/00 inside back cover

JUNE 2000 83 Lexis law pickup 12/99 4C

84 GEORGIA BAR JOURNAL