Behavioral Economics and the Practice of Law Visit for the Most Up-To-Date Information on Committees, Members, Courts and Rules
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June 2019 Volume 24, Number 6 GEORGIA BAR From the President: The Benefits of Kindness and Compassion JOURNAL 2019 Legislative Review We Salute Our Pro Bono All-Stars 2019 Fiction Competition Winner: The Incident at Gulf Shores THE LEGAL Behavioral Economics and the Practice of Law Visit www.gabar.org for the most up-to-date information on committees, members, courts and rules. ADMINISTERED BY: DON’T ROLL THE DICE ... WHEN IT COMES TO A DISABILITY You can’t count on avoiding a disability, but you can help preserve your family’s way of life with Long-Term Disability Insurance. It is no secret that your ability to work is a key element to your financial well-being. In the unforeseen event that you become disabled, you’d want to have solid disability income protection. That’s why as a member of the State Bar of Georgia, you have access to a group plan with specially negotiated rates that can help meet your needs. UP TO $10,000 OWN SPECIAL OF MONTHLY OCCUPATION GROUP RATES DISABILITY COVERAGE FOR MEMBERS COVERAGE1 Get an instant online quote for Long-Term Disability Insurance at www.memberbenefits.com/gabar or call 1-800-282-8626 Products sold and serviced by the State Bar of Georgia’s recommended broker, Member Benefits. The State Bar of Georgia is not a licensed insurance entity and does not sell insurance. 1 Certain underwriting, income and policy limitations still apply. JUNE 2019 HEADQUARTERS COASTAL GEORGIA OFFICE SOUTH GEORGIA OFFICE 104 Marietta St. NW, Suite 100 18 E. Bay St. 244 E. Second St. (31794) Atlanta, GA 30303 Savannah, GA 31401-1225 P.O. Box 1390 800-334-6865 | 404-527-8700 877-239-9910 | 912-239-9910 Tifton, GA 31793-1390 Fax 404-527-8717 Fax 912-239-9970 800-330-0446 | 229-387-0446 www.gabar.org Fax 229-382-7435 EDITORIAL OFFICERS OF THE QUICK DIAL MANUSCRIPT SUBMISSION BOARD STATE BAR OF GEORGIA ATTORNEY DISCIPLINE The Georgia Bar Journal welcomes the submission of EDITOR-IN-CHIEF PRESIDENT 800-334-6865 ext. 720 unsolicited legal manuscripts on topics of interest Bridgette E. Eckerson Hon. Kenneth B. Hodges III 404-527-8720 to the State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should be MEMBERS PRESIDENT-ELECT CONSUMER ASSISTANCE PROGRAM 10 to 12 pages, double-spaced (including endnotes) Donald P. Boyle Jr. Darrell L. Sutton 404-527-8759 and on letter-size paper. Citations should conform J. Kyle Brooks TREASURER CONFERENCE ROOM RESERVATIONS to A UNIFORM SYSTEM OF CITATION (19th ed. Rickie Lee Brown Jr. Dawn M. Jones 404-419-0155 2010). Please address unsolicited articles to: Bridgette John Clay Bush Eckerson, State Bar of Georgia, Communications Timothy J. Colletti SECRETARY FEE ARBITRATION Department, 104 Marietta St. NW, Suite 100, Atlanta, Angela Ellen Cusimano Elizabeth L. Fite 404-527-8750 GA 30303. Authors will be notified of the Editorial Jacob E. Daly IMMEDIATE PAST PRESIDENT CLE TRANSCRIPTS Board’s decision regarding publication. Jake Evans Brian D. “Buck” Rogers 404-527-8710 Lynn Gavin The Georgia Bar Journal welcomes the submission Megan Turley Hodgkiss YLD PRESIDENT DIVERSITY PROGRAM of news about local and voluntary bar association Eric Hooper Hon. Rizza P. O’Connor 404-527-8754 happenings, Bar members, law firms and topics of interest to attorneys in Georgia. Please send news Amber L. Nickell YLD PRESIDENT-ELECT ETHICS HELPLINE releases and other information to: Sarah I. Coole, Kevin Patrick William T. Davis 800-682-9806 Director of Communications, 104 Marietta St. NW, Kristin M.S. Poland 404-527-8741 Pamela Y. White-Colbert YLD IMMEDIATE PAST PRESIDENT Suite 100, Atlanta, GA 30303; 404-527-8791; Mark W. Wortham Nicole C. Leet GEORGIA BAR FOUNDATION/IOLTA [email protected]. 404-588-2240 DISABILITIES COMMUNICATIONS GEORGIA BAR JOURNAL If you have a disability which requires printed EDITORS EMERITUS COMMITTEE 404-527-8791 materials in alternate formats, please call 404-526- Timothy J. Colletti (2015-17) CO-CHAIR GOVERNMENTAL AFFAIRS 8627 for assistance. Bridgette E. Eckerson (2012-15) Peter C. Canfield 404-526-8608 Robert R. Stubbs (2010-12) PUBLISHER’S STATEMENT Donald P. Boyle Jr. (2007-10) CO-CHAIR ICLE Marcus D. Liner (2004-07) Sonjui L. Kumar 678-529-6688 The Georgia Bar Journal (ISSN-1085-1437) is published Rebecca Ann Hoelting (2002-04) LAWYER ASSISTANCE PROGRAM six times per year (February, April, June, August, Marisa Anne Pagnattaro (2001-02) October, December) by the State Bar of Georgia, COMMUNICATIONS 800-327-9631 D. Scott Murray (2000-01) 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. DEPARTMENT William Wall Sapp (1999-00) LAW PRACTICE MANAGEMENT Copyright State Bar of Georgia 2019. One copy of Theodore H. Davis Jr. (1997-99) DIRECTOR 404-527-8773 each issue is furnished to members as part of their L. Brett Lockwood (1995-97) Sarah I. Coole LAW-RELATED EDUCATION State Bar dues. Subscriptions: $36 to non-members. Single copies: $6. Periodicals postage paid in Atlanta, Stephanie B. Manis (1993-95) ASSISTANT DIRECTOR 404-527-8785 Georgia, and additional mailing offices. Advertising William L. Bost Jr. (1991-93) Jennifer R. Mason Charles R. Adams III (1989-91) MEMBERSHIP rate card will be furnished upon request. Publishing L. Dale Owens (1987-89) COMMUNICATIONS COORDINATOR 404-527-8777 of an advertisement does not imply endorsement of Donna G. Barwick (1986-87) Ashley G. Stollar MEETINGS INFORMATION any product or service offered. POSTMASTER: Send James C. Gaulden Jr. (1985-86) SOCIAL MEDIA COORDINATOR 404-527-8790 address changes to same address. Jerry B. Blackstock (1984-85) Danyale Brown Steven M. Collins (1982-84) PRO BONO RESOURCE CENTER Walter M. Grant (1979-82) ADMINISTRATIVE ASSISTANT 404-527-8763 Stephen E. Raville (1977-79) Amber Rikard PROFESSIONALISM 404-225-5040 SECTIONS 404-527-8782 The opinions expressed in the Georgia Bar TRANSITION INTO LAW PRACTICE Journal are those of the authors. The views 404-527-8704 expressed herein are not necessarily those of the UNLICENSED PRACTICE OF LAW State Bar of Georgia, its Board of Governors or 404-527-8743 its Executive Committee. YOUNG LAWYERS DIVISION 404-527-8778 2 GEORGIA BAR JOURNAL GEORGIA BAR JOURNAL June 2019 | Volume 24 | Number 6 GBJ | The Features 26 Georgia Bar Foundation Awards $2.55 Million in Bank of America Settlement Funds LEN HORTON 28 2019 Legislative Review CHRISTINE BUTCHER HAYES 32 Professional Develoment is Not an Individual Sport: Six Tips From the Experts to Help You Reach Your Goals REBECCA CHRISTIAN SMITH 36 2018 Georgia Corporation and Business Organization Case Law Developments MICHAEL P. CAREY 42 Fiction Competition Winner: GETTYIMAGES.COM/EVGENYGROMOV Incident at Gulf Shores DICK DONOVAN BEHAVIORAL ECONOMICS The AND THE PRACTICE OF LAW / 18 Legal Robert C. Port 2019 JUNE 3 76 GETTYIMAGES.COM/NEUSTOCKIMAGES GBJ | In Every Issue 5 Editor’s Letter 58 Office of the General Counsel 74 Member Benefits 6 From the President Texting While Lawyering Enhanced Interactive Timeline Paula Frederick & Forecite in Fastcase 7 10 From the YLD President Sheila Baldwin 14 From the Executive Director 64 Law Practice Management Get Out and Mingle: 76 Writing Matters 54 Bench & Bar Marketing and Self-Care Organization Matters 59 Attorney Discipline Options for Summer David Hricik and Karen J. Sneddon 62 Legal Tech Tips Natalie R. Kelly 82 In Memoriam 80 Professionalism Page 85 CLE Calendar 66 Pro Bono All-Stars Honoring Georgia’s Lawyers Karlise Y. Grier 87 Classified Resources 88 Advertisers Index 4 GEORGIA BAR JOURNAL EDITOR’S LETTER The June Issue Summer is here, and it’s time for vaca- Sharri Edenfield and Michael Geoffroy in tions and for some, a little down time in service to their respective communities. June 2019 Volume 24, Number 6 GEORGIA BAR From the President: The Benefits of Kindness their practice. But the Bar Journal is here The article by Len Horton on the Georgia and Compassion JOURNAL 2019 Legislative Review We Salute Our to provide you with a few ways to use that Bar Foundation awards shows that an as- Pro Bono All-Stars 2019 Fiction Competition Winner: The Incident down time to the benefit of your law prac- tounding amount of money was awarded to at Gulf Shores tice. Summer is the perfect time to regroup four deserving law-related groups: Atlanta and focus on your practice, your profes- Legal Aid; Georgia Legal Services Program; sional goals and your personal well-being. the Georgia Heirs Property Law Center; The feature article “Professional Develop- and the Atlanta Volunteer Lawyers Foun- THE LEGAL Behavioral Economics ment is Not an Individual Sport: Six Tips dation, to continue their pro bono and vol- and the Practice of Law from the Experts to Help You Reach Your unteer efforts in the community. Goals” from the Georgia Diversity Program Our legal article, “Behavioral Econom- 619GBJ_cover.indd 1 6/3/2019 3:11:53 PM contains myriad ways to help you advance ics and the Practice of Law” by Robert C. ON THE COVER your career goals. From developing men- Port, provides insight into the connection GETTYIMAGES.COM/EVGENYGROMOV tors and sponsors to finding allies to help between psychology, economics and law, develop your practice, and finding ways to applying these theories to the practice of be proactive, this article will get you think- law. We also hope you enjoy our annual fic- ing about your career advancement in new tion competition winner, “Incident at Gulf VISIT and different ways. Natalie Kelly’s “Get Out Shores” by Dick Donovan. I hope many of gabar.org and Mingle: Marketing and Self-Care Op- our magazines are covered in salt water tions for Summer” will also prompt your and sand, because you should enjoy reading VIEW ONLINE thoughts toward networking and mar- these on your vacation! www.gabar.org/journal keting opportunities that you can utilize Finally, I would like to introduce our to build your practice, expand your client new Editor-in-Chief, Kristin Poland.