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May 2009 • Vol MAY 2009 • VOL. 70, NO. 3 One malpractice insurer is still 1 here and continu 1es to maintain stable premium rates! AIM: 10 1r the Difference! Atto rneys lnsu 1ranoe Mutua l Telep hone (205) 980-0009 0 1f Alabama, Inc. Toll Free (800) 526~1246 200 Inverness Parkway FAX (205) 980-9009 Birmingham, Alabama 35242 ·48 13 ' A Mutual llnsura1nce CompainyOrgani 1z-edlby and for AlabamaAttorneys " WWW.A ttys Ifil s Mu t .com DISA ,BILITY CAN Pl.ANS ADMINISTERED BY PLANS UNDER\VR ITTEN BY: Y Hart. ford Llfo& Acctdc-nt T , ti. ln~ur.in~ Compan}' 11"~~1-0 Hl t Simsbury,CT06089 J ~ Honforo IS me·H.111 turd hnli1Kllil Si:f\Jcti uroup. loc 474 JC}"i'il• fH: H(,l~ 871 -!170 arxi 1~, ,ub.sld1Jrlcs,100 1d1ng l~suingOlrllflol~' nf Hnnford I 1~ &nd Awiknt lnmranr~ Conlf'ilrn'. Poli..--w,;urnkl-,,..Tit1cn h} · I brttord J tfr imd Acodfflt lmunmc:r Con1fUI1, dct,111('.Xd~i,11L~, limit~JOn rrduc1lllll uf bC'l1ot11t~a.Ild term~ undn ,,...hl..h du.!polu:.ies nuy be umtmucd m lurc.e 01 d.!!k.mtlUUJed.. Al>ISIU \ !J\11DlcPl CLE ALABAMA Advancing your practice ~ hen it comes to Alabama ev ide nc.e quest. ions , there is only one autho r it y: Mc Elroy·s Alabama Evidence Announcing the release of the Sixth Ed1tion of Mc13roy's Alabama Evidence authored by Dean Emeritus Charles W. Gamble and rrofessor Robert J. Goodwin. Every Alabama judge and lawye r depends on McEJroy's Alabama Evidence. It's the comp lete and fina l work on Alabama evidence. Order your 1c,opy online today at w ww.CL£alabarna.corn/rncelroysevidence Doee your library h~ve all t he e6eerit ifill evidence re6ou rc:.ee.by Dea n Gamble? ,1 ., I • , I l II l I 11 Gemble'e.AJabema Rules OfE"1denC:e Character E',.lldence; A MlftjQj for~ and~ A Qom~ Apprcaoh Objectbis (200 edltbl, 2002) (2nd edltk:ln,2CXIOl $100.00 $95.00 C3amble'eAJabeme Rutes af Evldenoe (3smble'e Alahema Rues Cif8kSence, POCJ<ET'BJITION 2007~ $15.00 $25 .00 A t/Ct 1~ hltle l iook It Il l \'OU•»-1 I Iha n'.0511 O\iCIYWflcte1 T.1kethis pensa l lesa..Noe 0 CO(Il Of ci~;ttii;:4·,rs These publications and more can be pLirchasedon ine at: www .CLE.alabama.com/pu ica1ions T H ( u N I VIERSIT Y o r ALABAMA www.CLEalabarua.com SC H0 1 0L O F LAW On the MAY 2009 • VOL. 70, NO. 3 Cover An early-morning view of the Grand Hotel Marriott Resort cannon, with beautiful Mobile Bay in the background. This year’s annual meeting will be held at the Grand Hotel July 15th-18th. Registration forms are inside this issue and also at www.alabar.org. Photograph by Grey Brennan, courtesy of the Alabama Tourism Department In This Issue Departments 163 President’s Page Turbulent Political and 171 President-Elect Profile: Alyce Manley Spruell Economic Times– The Bar Will Respond 182 ASB Intellectual Property, Entertainment and Sports Law 173 Executive Section Celebrates 10-Year Anniversary Director’s Report Getting Your Money’s Worth in These Difficult Times 184 Conducting Business in the 21st Century: How to Avoid 175 Memorials Organizational Suicide (Part 1) By Pamela H. Bucy and Anthony A. Joseph 177 Important Notices Local Bar Award of Achievement 190 “In Consequence of the Intoxication” Causation under 179 Young Lawyers’ Alabama’s Dram Shop Act: Seller Beware Section By Brian A. Wahl VLP: Good for You and Me 198 Basics of Certiorari Practice in the Alabama Supreme Court 181 Bar Briefs By Marc James Ayers and Andrew L. Brasher 183 CLE Corner We made it. 206 Red Flags for Young Attorneys to Avoid 217 Opinions of the By Brandon C. Stone General Counsel Part-Time Judges, Part-Time Assistant District Attorneys 212 ASB Leadership Forum Celebrating Five Years: and Imputed Disqualification Reaching Out to a New Generation of Servant Leaders 221 Legislative By Edward M. Patterson Wrap-Up Local Legislation 214 Calm, Rational Decisions Work Best in Difficult Times By Jeanne Marie Leslie 229 Disciplinary Notices 224 Alabama Law Institute–40 Years of Service 235 About Members, By David R. Boyd Among Firms The Alabama Lawyer 161 ALABAMA STATE BAR Robert A. Huffaker, Montgomery......................................Chair and Editor Linda G. Flippo, Birmingham ...................Vice-Chair and Associate Editor 415 Dexter Avenue Brad Carr, Montgomery....................................................Staff Liaison and Montgomery, AL 36104 Director of Communications Margaret L. Murphy, Montgomery..................................Staff Liaison and (334) 269-1515 • (800) 354-6154 Publications Director FAX (334) 261-6310 Marcia N. Daniel.....................Communications & Publications Assistant E-mail: [email protected] Web site: www.alabar.org Board of Editors Daniel J. Britt, Millbrook • Russell C. Buffkin, Mobile • Greg C. Cook, Birmingham ALABAMA STATE BAR STAFF • Katharine A.W. Coxwell, Monroeville • John G. Dana, Birmingham • J. Mark Debro, Huntsville • N. Christian Glenos, Birmingham • C. Paige Goldman, Executive Director ....................................Keith B. Norman Birmingham • Wilson F. Green, Tuscaloosa • F.M. Haston, III, Birmingham • Executive Assistant .....................................Diane Locke Frederick G. Helmsing, Jr., Mobile • Erik S. Heninger, Birmingham • Anne. S. Network Administrator............................Wayne Hughes Hornsby, Tuscaloosa • James F. Hughey, III, Birmingham • B. Keith Jackson, Computer Programmers...........................Dolan L. Trout Birmingham • Emily C. Marks, Montgomery • Timothy B. McCool, Carrollton • Reta A. McKannan, Huntsville • Derek F. Meek, Birmingham • William J. Moore, Jr., Larry Pratt Enterprise • George R. Parker, Montgomery • Gabrielle E. Reeves, Mobile • Robert Scanning Operator .........................................Kristi Neal W. Rieder, Jr., Huntsville • Romaine S. Scott, III, Birmingham • Michael A. Shaw, Web Administrator...................................Willie Murphy Daphne • Christopher N. Smith, Montgomery • Chad E. Stewart, Enterprise • Aldos L. Vance, Birmingham • Mark T. Waggoner, Birmingham • John R. Wallis, Assistant Executive Director ..............Edward M. Patterson Birmingham • Tari D. Williams, Tuscaloosa Administrative Assistants ................................Rita Gray Marie Updike Officers Director of Regulatory Programs....................Angela Parks J. Mark White, Birmingham..........................................................................President Thomas J. Methvin, Montgomery .......................................................President-elect CLE CLE Administrative Assistant.................Carol Thornton Samuel N. Crosby, Daphne.................................................Immediate Past President Regulatory Programs/PHV Assistant ..Cathy Sue McCurry Pamela H. Bucy, Tuscaloosa..................................................................Vice President Keith B. Norman, Montgomery ...................................................................Secretary COURSE Director of Communications ................................Brad Carr James M. Terrell, Birmingham..................................Young Lawyers’ Section President Publications Director......................Margaret L. Murphy Communications and Publications Board of Commissioners 1st Circuit, Ronnie E. Keahey, Grove Hill • 2nd Circuit, Michael E. Jones, Luverne • Assistant...............................................Marcia N. Daniel SEARCH 3rd Circuit, Christina D. Crow, Union Springs • 4th Circuit, J. Garrison Thompson, Membership Services Director.........................Mary Corbitt Selma • 5th Circuit, Randall S. Haynes, Alexander City • 6th Circuit, Place No. 1, R. Membership Administrative Assistant ..........Emily Farrior Cooper Shattuck, Tuscaloosa • Place No. 2, Alyce M. Spruell, Tuscaloosa • 7th Director of Admissions ........................Dorothy D. Johnson Circuit, John M. Gruenewald, Anniston • 8th Circuit, Phil D. Mitchell, Decatur • 9th The Alabama Mandatory CLE Commission Circuit, W. N. Watson, Fort Payne • 10th Circuit, Place No. 1, Anthony A. Joseph, Admissions Administrative Assistants .........Heidi Alves Birmingham • Place No. 2, S. Greg Burge, Birmingham • Place No. 3, George M. Sonia Douglas Neal, Jr., Birmingham • Place No. 4, Phillip W. McCallum, Birmingham • Place No. continually evaluates and approves in-state, Bookkeeper......................................................Gale Skinner 5, Gregory H. Hawley, Birmingham • Place No. 6, Maibeth J. Porter, Birmingham • Place No. 7, Joseph A. Fawal, Birmingham • Place No. 8, Robert E. Moorer, ASB Foundation Assistant.............................Ann Rittenour Birmingham • Place No. 9, James R. Pratt, III, Birmingham • Bessemer Cutoff, as well as nationwide, programs which are Graphic Arts Director ...................................Maggie Stuller William A. Short, Jr., Bessemer • 11th Circuit, Albert J. Trousdale II, Florence • Graphic Arts Assistant..........................Roderick Palmer 12th Circuit, Richard W. Whittaker, Enterprise • 13th Circuit, Place No. 1, Henry A. Callaway III, Mobile • Place No. 2, William M. Cunningham, Mobile • Place No. 3, Receptionist ............................................Stephanie Oglesby maintained in a computer database. All are Billy C. Bedsole, Mobile • Place No. 4, Juan Ortega, Mobile • Place No. 5, Mary Director of Service Programs.................Laura A. Calloway Margaret Bailey, Mobile • 14th Circuit, James R. Beaird, Jasper • 15th Circuit, SP Administrative Assistant......................Kristi Skipper Place No. 1, Les Hayes III, Montgomery • Place No. 2, James H. Anderson, identified by sponsor, location, date and Volunteer Lawyers Program Director...........Linda
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