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MARCH 2011 • VOL. 72, NO. 2 Cover

The Alabama State Capitol was built in 1851 on “Goat Hill” and currently houses the Executive Branch of the state government. The Confederate States of In This Issue America began here in 1861, and the Voting Rights March ended out front on Dexter Avenue in 1965. The capitol was designated a National Historic Landmark by the Secretary of the Interior in 1960. 95 Alabama’s Lawyer-Legislators –Photo by Fouts Commercial Photography, Montgomery, www.photofouts.com 99 Note from the Editor 112 VLP 2010 Honor Roll Departments 124 97 President’s Page Alabama Attorneys Complete Work at Making a Statement of Service to Uniform Law Conference Improve Our State and Nation By Representative Cam Ward 101 Executive Director’s 126 Report The 2010 Changes to Alabama’s Ethics Law The ASB and the UBE, BBE, NCBE, By Edward A. Hosp MBE, MEE, and MPT 103 134 Controlling Costs in e-Discovery The Appellate Corner By Jenna M. Bedsole and John Mallery 111 Memorials 142 The Internal Affairs Doctrine in Alabama 107 Young Lawyers’ Section By Jay M. Ezelle and C. Clayton Bromberg, Jr. Meetings and Mock Trials Keep Section on the Road 163 Rules Governing Admission to the Alabama State Bar 109 Important Notices Notice of Election and Electronic Balloting Local Bar Award of Achievement ARTICLE SUBMISSION REQUIREMENTS Members’ Records Reminder

Alabama State Bar members are encouraged to submit articles to the editor for possible publication in The BP Filing Deadline Alabama Lawyer. Views expressed in the articles chosen for publication are the authors’ only and are not to be attributed to the Lawyer, its editorial board or the Alabama State Bar unless expressly so stated. Authors are 149 Opinions of the responsible for the correctness of all citations and quotations. The editorial board reserves the right to edit or General Counsel reject any article submitted for publication. Representation of an Estate and The Lawyer does not accept unsolicited articles from non-members of the ASB. Articles previously appear- Client Identity ing in other publications are not accepted. All articles to be considered for publication must be submitted to the editor via e-mail 159 Legislative Wrap-Up ([email protected]) or on a CD through regular mail (2025 Third Avenue N., Birmingham, AL 35203) in Microsoft Word format. A typical article is 13 to 18 letter-size pages in length, double-spaced, utiliz- 165 ing endnotes and not footnotes. Disciplinary Notices A brief biographical sketch and a recent color photograph (at least 300 dpi) of the author must be submitted with the article. 173 About Members, Among Firms

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Gregory H. Hawley, Birmingham...... Chair and Editor ALABAMA STATE BAR [email protected] 415 Dexter Avenue Linda G. Flippo, Birmingham ...... Vice Chair and Associate Editor [email protected] Montgomery, AL 36104 Brad Carr, Montgomery...... Director of Communications (334) 269-1515 • (800) 354-6154 [email protected] Margaret L. Murphy, Montgomery ...... Staff Liaison and FAX (334) 261-6310 Publications Director www.alabar.org [email protected] Marcia N. Daniel...... Communications & Publications Assistant ALABAMA STATE BAR STAFF [email protected] Executive Director ...... Keith B. Norman Executive Assistant ...... Diane Locke Robert A. Huffaker, Montgomery ...... Chair and Editor, 1983-2010 Information Systems Manager ...... O. Hunter Harris Computer Programmers...... Dolan L. Trout Board of Editors Larry Pratt Gregory C. Buffalow, Mobile • Henry L. Cassady, Jr., Fairhope • Lisa M. D. Cooper, Mobile • Patrick C. Finnegan, Mobile • Terry C. Fry, Jr., Birmingham • C. 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Dale Lawrence, Jr., Alabama Center for Dispute Resolution J. Forrester DeBuys,III ...... 145 Fayette • 25th Circuit, R. Wyatt Howell, Hamilton • 26th Circuit, Kenneth E. White, Director ...... Judith M. Keegan (269-0409) III, Phenix City • 27th Circuit, Jerry Wayne Baker, Jr., Albertville • 28th Circuit, ADR Assistant ...... Patsy Shropshire Place No. 1, Allan R. Chason, Bay Minette • Place No. 2, Marion E. Wynne, Jr., Drane Insurance...... 173 Fairhope • 29th Circuit, Robert L. Rumsey, III, Sylacauga • 30th Circuit, Elizabeth S. ALABAMA STATE BAR CENTER FOR Parsons, Pell City • 31st Circuit, John M. Kennemer, Tuscumbia • 32nd Circuit, PROFESSIONAL RESPONSIBILITY STAFF Jason P. Knight, Cullman • 33rd Circuit, Henry F. Lee, III, Geneva • 34th Circuit, Expedited Process Serving, LLC ....155 Eddie Beason, Russellville • 35th Circuit, J. Milton Coxwell, Jr., Monroeville • 36th General Counsel ...... J. Anthony McLain Circuit, Christopher E. Malcom, Moulton • 37th Circuit, Roger W. 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Advertising rates will be furnished upon request. Advertising copy is carefully reviewed and must receive approval Upchurch Watson White & Max ....136 from the Office of General Counsel, but publication herein does not necessarily imply endorse- ment of any product or service offered. The Alabama Lawyer reserves the right to reject any The Alabama Lawyer The Alabama Lawyer GRAPHIC DESIGN PRINTING advertisement. Copyright 2011. The Alabama State Bar. All rights reserved.

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ALABAMA’S LAWYER-LEGISLATORS

Martha Roby (R) Ben Brooks (R) U.S. SENATORS District 2: Autauga, Barbour, Bullock, District 35: Mobile Senator Jeff Sessions (R) Butler, Coffee, Conecuh, Covington, Room 729, Montgomery, 326 Russell Senate Office Building, Crenshaw, Dale, Elmore, Geneva, (334) 242-7882; 1495 University Washington, DC 20510, Henry, Houston, Lowndes, Boulevard, Mobile 36619, (202) 224-4124, Montgomery, Pike (251) 344-7744, [email protected] www.sessions.senate.gov 414 Cannon House Office Building, Committees: Banking & Insurance (vice chair); 7550 Halcyon Summit Dr., Ste. 150, Washington, DC 20515, www.roby.house.gov Confirmations; Energy & Natural Resources Montgomery 36117, (334) 244-7091 Committees: Armed Services; Agriculture; (co-chair); Judiciary (co-chair); Local Legislation Committees: Armed Services; Judiciary; Energy Education & the Workforce No. 3 (chair); Rules; Veterans & Military Affairs & Natural Resources; Budget Michael D. Rogers (R) Jerry L. Fielding (D) Senator Richard Shelby (R) District 3: Calhoun, Chambers, District 11: Calhoun, Coosa, Elmore, 304 Russell Senate Office Building, Cherokee, Clay, Cleburne, Coosa, Lee, Talladega Washington, DC 20510, Macon, Montgomery, Randolph, Room 735, Montgomery, (202) 224-5744, Russell, Talladega, Tallapoosa (334) 242-7898 www.shelby.senate.gov 324 Cannon House Office Building, Committees: Banking & Insurance; 15 Lee St., FMJ Federal Courthouse, Washington, DC 20515, (202) 225-3261, Confirmations; Job Creation & Economic Ste. 208, Montgomery 36104, (334) 223-7303 www.house.gov/mike-rogers Development; Judiciary; Local Legislation No. 1 Committees: Banking; Housing & Urban Affairs; 1129 Noble Street, Anniston 36201, (256) 236-5655 Tammy Irons (D) Appropriations; Special Committee on Aging Committees: Armed Services; Homeland District 1: Colbert, Lauderdale Security; Subcommittee on Transportation Room 737, Montgomery, Security (chair) (334) 242-7888; 219 N. Court Street, U.S. REPRESENTATIVES Terrycina A. Sewell (D) Florence 35630, (256) 766-9201, Robert Aderholt (R) District 7: Choctaw, Clarke, Dallas, [email protected] District 4: Blount, Cullman, DeKalb, Greene, Hale, Jefferson, Marengo, Committees: Constitution, Campaign Finance, Etowah, Fayette, Franklin, Lamar, Perry, Pickens, Sumter, Tuscaloosa, Ethics & Elections; Job Creation & Economic Marion, Marshall, Morgan, Pickens, Wilcox Development; Rules; Small Business St. Clair, Walker, Winston 1133 Longworth House Office Marc Keahey (D) 1433 Longworth House Office Building, Building, Washington, DC 20515, (202) 225-2665, District 22: Baldwin, Choctaw, Clarke, Washington, DC 20515, (202) 225-4876, www.sewell.house.gov Conecuh, Escambia, Mobile, Monroe, www.aderholt.house.gov Two 20th Street N., Ste. 1130, Washington 247 Carl Elliott Building, 1710 Alabama Ave., Birmingham 35203, (205) 254-1960 Room 738, Montgomery, Jasper 35501, (205) 221-2310 Committees: Agriculture; Science, Space & (334) 242-7843; P.O. Box 297, Committee: House Appropriations Technology Grove Hill 36451, (251) 275-3127 Spencer Bachus (R) Committees: Agriculture, Conservation & Forestry; Montgomery address for all state senators District 6: Bibb, Chilton, Coosa, Business & Labor; Fiscal Responsibility & and house members: Alabama State House, Jefferson, Shelby, St. Clair, Tuscaloosa Accountability; Judiciary; Local Legislation No. 3 11 S. Union St., 36130 2246 Rayburn House Office Building, Arthur Orr (R) Washington, DC 20515, District 3: Limestone, Madison, Morgan (202) 225-4921, SENATE Room 730, Montgomery, www.bachus.house.gov (334) 242-7891; P.O. Box 305, 1900 International Park Dr., Ste. 107, Secretary of the Senate Decatur 35602, (256) 260-2147 Birmingham 35243, (205) 969-2296 D. Patrick Harris Committees: Confirmations; Constitution, Committee: Financial Services Senate Chamber, Montgomery, Campaign Finance, Ethics & Elections; Finance & (334) 242-7803 Morris J. Brooks (R) Taxation, Education; Finance & Taxation, General District 5: Colbert, Jackson, Fund (chair); Governmental Affairs; Judiciary; Local Lauderdale, Lawrence, Limestone, Roger H. Bedford, Jr. (D) Legislation No. 4; Rules Madison District 6: Colbert, Fayette, Franklin, Hank Sanders (D) 1641 Longworth House Office Building, Lamar, Lawrence, Marion, Winston District 23: Autauga, Clarke, Conecuh, Washington, DC 20515, Room 739, Montgomery, Dallas, Lowndes, Marengo, Monroe, (202) 225-4801, (334) 242-7862; P.O. Box 370, Perry, Wilcox www.brooks.house.gov Russellville 35653, (256) 332-2880, Room 736, Montgomery, 2101 W. Clinton Avenue, Ste. 302, [email protected] (334) 242-7860; P.O. Box 1305, Huntsville 35805, (256) 551-0190 Committees: Banking & Insurance; Confirmations; Selma 36702, (334) 875-9264 Committees: Armed Services; Homeland Security; Finance & Taxation, Education; Finance & Taxation, Committees: Banking & Insurance; Education; Science, Space & Technology General Fund; Governmental Affairs (chair); Rules Energy & Natural Resources; Finance & Taxation, Education; Local Legislation No. 1 (Continued on page 96)

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ALABAMA’S LAWYER-LEGISLATORS

(Continued from page 95)

Rodger M. Smitherman (D) Juandalynn Givan (D) HOUSE OF REPRESENTATIVES District 18: Jefferson District 60: Jefferson Room 737, Montgomery, Paul Beckman (R) Room 539-A, Montgomery, (334) 242-7870; 2029 2nd Ave., N., District 88: Autauga, Elmore (334) 242-7684; P.O. Box 13803, Birmingham 35203, (205) 322-0012, Room 538-B, Montgomery, Birmingham 35202, (205) 492-0094; [email protected] (334) 242-7499; P.O. Box 680155, [email protected] Committees: Business & Labor; Finance & Taxation, Prattville 36068, (334) 323-5918, Committees: Constitutions, Campaigns & Elections; Education; Judiciary; Local Legislation No. 2; Small [email protected] Jefferson County Legislation; Judiciary Business Committees: Constitutions, Campaigns & Elections; Joseph Hubbard (D) Bryan Taylor (R) Judiciary District 73: Montgomery District 30: Autauga, Butler, Marcel Black (D) Room 630-A, Montgomery, Crenshaw, Elmore, Lowndes, Pike District 3: Colbert (334) 242-7707; P.O. Box 11034, Room 733, Montgomery, Room 625-B, Montgomery Montgomery 36111, [email protected] (334) 242-7883; P.O. Box 2069, (334) 242-7686; 210 N. Main Street, Committees: Boards, Agencies & Montgomery 36102, Tuscumbia 35674 Commissions; Economic Development & Tourism; [email protected] Committees: Education Policy (ranking Montgomery County Legislation Committees: Children, Youth Affairs & Human minority member); Financial Services (ranking Mike Jones (R) Resources; Constitution, Campaign Finance, Ethics minority member) District 92: Covington, Escambia & Elections (chair); Finance & Taxation, Education; Room 536-A, Montgomery, Fiscal Responsibility & Accountability; Daniel Boman (R) (334) 242-7739; P.O. Box 957, Governmental Affairs; Judiciary; Veterans’ & District 16: Fayette, Lamar, Pickens, Andalusia 36420, (334) 804-8240, Military Affairs Tuscaloosa Room 536-C, Montgomery, [email protected] Cam Ward (R) (334) 242-7494; 55314 Highway 17, Committees: Judiciary; Rules; Transportation, District 14: Bibb, Chilton, Jefferson, Ste. B, Sulligent 35586, (205) 698-1114, Utilities & Infrastructure Shelby [email protected] Wes Long (R) Room 719, Montgomery, Committees: Ethics & Campaign Finance; Judiciary; District 27: Marshall (334) 242-7873; 201 1st St. N., Tuscaloosa County Legislation Room 524-D, Montgomery, Alabaster 35007, (205) 664-6848, (334) 242-7511; 3446 Highway 69 S., [email protected] Greg Burdine (D) Guntersville 35976, (256) 582-0619, Committees: Business & Labor; Confirmations; District 1: Lauderdale [email protected] Energy & Natural Resources (co-chair); Finance & Room 536-D, Montgomery, Committees: Financial Services; Ways & Means, Taxation, General Fund; Health; Judiciary (co-chair); (334) 242-7265 General Fund Local Legislation No. 2 Committees: Insurance; Judiciary; Local Legislation Demetrius C. Newton (D) Tom Whatley (R) District 53: Jefferson District 27: Lee, Russell, Tallapoosa Paul DeMarco (R) Room 524-E, Montgomery, Room 733, Montgomery, District 46: Jefferson (334) 242-7546; P.O. Box 2525, (334) 242-7865; 337 E. Magnolia Drive, Room 516-F, Montgomery, Birmingham 35203, (205) 252-9203 Auburn 36830, (334) 209-0831 (334) 242-7667; 111 Edgewood Blvd., Committees: Constitutions, Campaigns Committees: Agriculture, Conservation Homewood 35209, [email protected] & Elections; County and Municipal Government & Forestry (chair); Banking & Insurance; Committees: Constitutions, Campaigns (ranking minority member); Jefferson County Confirmations; Energy & Natural Resources; & Elections; Jefferson County Legislation; Judiciary Legislation Finance & Taxation, Education; Health; Judiciary; (chair) Local Legislation No. 1; Veterans’ & Military Affairs Chris England (D) Bill Poole (R) District 63: Tuscaloosa Phil Williams (R) District 70: Tuscaloosa Room 537-D, Montgomery, District 10: Cherokee, Etowah Room 539-B, Montgomery, (334) 242-7691; 1927 7th Street, Room 733, Montgomery, (334) 242-7703; P.O. Box 2089, Tuscaloosa, 35401, (205) 752-8338, (334) 242-7857 Tuscaloosa 35403, (205) 248-5140, [email protected] Committees: Agriculture, Conservation [email protected] Committees: Judiciary; Technology & Research; & Forestry; Constitution, Campaign Committees: Insurance; Judiciary; Local Legislation; Tuscaloosa County Legislation; Ways & Means, Finance, Ethics & Elections (vice chair); Finance & Tuscaloosa County Legislation Education Taxation, General Fund; Fiscal Responsibility & Accountability (chair); Job Creation & Economic Development; Judiciary; Local Legislation No. 1; Small Business; Veterans’ & Military Affairs (This information is as of March 23, 2011 and was taken from the United States House of Representatives, the United States Senate and the Alabama legislature’s respective websites.)

96 MARCH 2011 President’s Page 9797 Spruell Lawyer Lawyer M. Alyce [email protected] “Lawyers The AlabamaThe Alabama of differences opinion can be understand that personal attacks the opponent…” respected without and belittlement of Add in the

ofession pr Bar Alabama State Creed Lawyer’s

(Approved by the Alabama Board of Bar Commissioners 4/10/92)

This issue highlights the service of our lawyers who serve in our state and good judgment. I will faithfulness, competence, diligence my clients, I offer “To trust. and to be worthy of your as I would want to be represented you to represent strive fairness, integrity and civility. I will I offer the opposing parties and their counsel, “To and, if we to make our dispute a dignified one. fail, I will strive seek reconciliation respect, them, I offer tribunals, and to those who assist the courts, and other “To for justice. to do honor to the search candor and courtesy. I will strive concern to for your welfare. strive I will my colleagues in the practice of law, I offer “To friendship. a professional make our association business a to keep our I will strive assistance. I offer the profession, “To calling in the spirit of public service. a and our profession the to improve service. I will strive I offer of justice, the public and our systems “To available to all, and make the law and our legal system to law and our legal system, of my clients.” the representation to seek the common good through As former member of the daughter of a and federal legislative bodies. our state house and senate, I know what a personal sacrifice their choice These men and women have taken that on an obligation to serve can be. “full-time jobs” to be takes from their families and their them away they were elected, in the work of the legislative body to which involved They miss family dinners, ballet and related work. and also in committees budget hearings because they are attending recitals and baseball games plays or late and/or leave early from school They arrive or public forums. on time. Washington honors day to make it to Montgomery or Service of a Statement Making and Nation State Our to Improve public meetings, civic meetings and other events where these servant

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President’s Page Continued from page 97

leaders meet with those they represent, and there is as these legislators’ fellow bar members, do not. no time left. They work at night, on weekends and And we need more of our members in these bodies while traveling, trying to balance their work, their for these exact reasons. families and the demands of their elected office. I understand that many reading this article may And, as members of our profession, they do all of disagree with the political positions taken by some this with honor, with professionalism and with a of these public servants. My response is that they commitment “to seek the common good” in the rep- deserve your respect whether you agree with their resentation of their clients. For these men and political opinions or not. They honor our profession women, their clients now include the citizens of our by their service, and we expect much from them state, for what they do in their elected capacities because they are members of the bar. They serve as affects us all. lawyers and as public officials, and as such, serve I thought of our Alabama State Bar Lawyer’s with a higher standard guiding their daily lives and Creed when I was preparing this message. The actions. Our creed provides that higher standard as creed makes a statement of belief for our bar to does our lawyer’s oath. This is not an easy task in strive for the best in all we do and to do it with any environment but certainly more difficult in these honor, with collegiality and with respect for one economic and partisan times. another, as well as those we serve. The challenge I hope you will consider serving in some capacity facing the lawyers in these legislative bodies is to of public service within your community and in our serve in an environment where honor and integrity beloved state. I believe our state benefits from are not sometimes valued. These men and women, lawyers in public-service positions. The history of as lawyers, act as advocates, as mediators, and as service of our bar members’ is replete with examples facilitators, because that is what they have been of how they have courageously lead our state and trained to do. They understand that differences of nation in troubled times, providing creative and opinion can be respected without personal attacks steadfast leadership. These stories exist in the execu- and belittlement of the opponent because they are tive and legislative branches of our state and federal lawyers. They understand that to treat their adver- government as well as in our municipal governmental sary with respect today means that the discussion bodies. We ask these leaders now serving to continue tomorrow should be easy to approach, even if once that example and I have faith that they do and they again they are on opposing sides. Non-lawyers have will. And when you have the chance, please join me a difficult time understanding this approach but we, in thanking them for their service. ▲▼▲

“Lawyers understand that to treat their adversary with respect today means that the discussion tomorrow should be easy to approach, even if they are once again on opposite sides.”

98 MARCH 2011 NOTE FROM THE EDITOR 99 HAWLEY H. Lawyer GREGORY The Alabama [email protected] L A

L Birmingham, M double-spaced, any , L the can new N., o I t sug- Board

a such appel- e-mail with Wilson. length, us. decision Avenue via add in Lawyer of other to Director review service developments ideas recent Editorial and Third Alabama editor Thanks pages any one to publication. Board’s the our new your The (2025

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CD would invite devoted hesitate a I between enhance like at federal them to on March embraced. Lawyer, its editorial board or the Alabama State Bar unless typical you not publication or about ) A of time agreed and article the for Do Alabama The Lawyer. board, would that have committee reached has for a footnotes. format. Lawyer short state we you Coming be have. handful not regular thoughts date was the a our Word considered a that editorial that features can and Green, of Those be may does not accept unsolicited articles from non-members of the ASB. Articles previously

your the to [email protected]. Alabama from idea

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committee Because submission that are . to is Alabama State Bar members are encouraged to submit articles to the editor for possible publication send The All A brief biographical sketch and a recent color photograph (at least 300 dpi) of the author must be The Alabama Lawyer. Views expressed in the articles chosen for publication are the authors’ only

law, and behalf about [email protected] in and are not to be attributed to the expressly so stated. Authors are responsible for the correctness of all citations and quotations. The editorial board reserves the right to edit or reject any article submitted for publication. appearing in other publications are not accepted. ( 35203) utilizing submitted with the article. the We decisions reached welcome We your ideas. Below are the general requirements for sub- Here On Our state bar is fortunate to have a talented group of lawyers serving us

the Letters Wilson’s and Lawyer Thank you. mission of articles. feature be Margaret cases members, in gestion of Please bar. late on the Board of Editors of Keep

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I I J:.fi,rmid rrtmal ft, 1 1mt1cm ,r •rd #ti1 11..S,w uifo.mwt1 '" 1•r tr I l om rl>;k'L Lb. Executive Director’s Report 101 101 Norman Lawyer Lawyer Keith B. [email protected] The Alabama The Alabama (excluding the (MPT). Currently, has been discussed nationally The motivation behind (NCBE). (UBE) (MBE), the multi-state essay exami- and the multi-state performance test

(MEE)

200-question multiple choice the MBE is a six-hour, As a reminder, The concept of a Uniform Bar Exam The MEE is used by 27 jurisdic- Rico). and Puerto Washington ouisiana, been principally facilitated by the This discussion has for several years. National Conference of Bar Examiners that facilitates lawyers becoming licensed the UBE is to have a mechanism or multi-jurisdictional in other states in order to conduct cross-border it practices without the need to take another bar examination. Further, especially employability, simplifies the licensure process and maximizes The components main graduates. for lawyers who are recent law school jurisdictions already of the UBE are the three NCBE tests that many administer: the multi-state bar exam nation MBE is being used by 53 jurisdictions, including 48 states tions and the MPT is being used by 34 jurisdictions. contracts, criminal law and pro- constitutional law, examination covering The MEE consists of six 30- and torts. cedure, evidence, real property, the MBE, by minute essay questions that can test on the topics covered plus business associations, federal civil trusts and procedure, family law, The MPT typically consists of two 90- estates, UCC, and conflict of laws. require the application of fundamental lawyering minute questions which L UBE, BBE, The ASB and the and MPT NCBE, MBE, MEE,

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Executive Director’s Report Continued from page 101

skills in a realistic situation. Skills tested are factual the UBE. Last winter a meeting was held at the state analysis, legal analysis and reasoning, problem-solv- bar to learn more about the UBE and to discuss its ing, identification and resolution of ethical dilemmas, possible adoption in Alabama. The meeting included written communication, and organization and man- past and present members of the BBE, state bar offi- agement of a legal task. In additional to utilizing the cers, members of the Board of Bar Commissioners MBE, MEE and MPT, most states have a state-specific (Commission), representatives from all five Alabama component that is included as a part of the bar exam. law schools, and members of the Alabama Supreme In Alabama, we utilize all three NCBE tests and a Court. We were fortunate to have Erica Moeser, presi- state-specific test, Alabama Civil Litigation. dent of the NCBE, and Susan Case, the NCBE’s direc- Because of the prevalence of the national tests, tor of testing, attend and provide an in-depth expla- implementation of the UBE does not require most nation about the UBE and its implementation. After jurisdictions to make fundamental changes in their several subsequent meetings, the BBE concluded testing. Moreover, the UBE does not require a juris- their review and discussions by voting unanimously diction to eliminate its state-specific test, to alter its to recommend to the BBC that the Rules Governing pass score or to change its character and fitness Admission to the Alabama State Bar be amended to requirements. Consequently, a jurisdiction that incorporate the UBE and implement its operation in adopts the UBE and recognizes UBE scores from Alabama. other jurisdictions would permit a lawyer from anoth- This past October, BBE Chairman David Hymer er UBE jurisdiction to become licensed to practice law and board member Barry Ragsdale, accompanied only if the lawyer’s UBE score met that jurisdiction’s by Alabama Supreme Court Associate Justice pass score and the lawyer met all character and fit- Tom Woodall, the court’s liaison to the BBE, ness requirements. Unlike current reciprocity rules, appeared before the Board of Bar Commissioners to an attorney seeking to be licensed in another UBE present the BBE’s recommendation of implementing jurisdiction could do so without a minimum number the UBE in Alabama. After a thorough discussion of of years of practice and by taking the state-specific the BBE’s proposal, the commission voted to approve test instead of the full bar exam. Thus far, Missouri the rule changes necessary to implement the UBE and Montana have both become UBE jurisdictions. and to recommend them to the court for its consider- For more than a year the Alabama State Bar Board ation and adoption. of Bar Examiners (BBE) has studied the concept of If approved by the court, the UBE will be a helpful change that will improve lawyer mobility. It will remove antiquated barriers to practice that are no MEDIATION SERVICES longer practical. If we are to remain a self-regulated Appellate – General Civil profession, tools to regulate the modern-day practice Domestic Relations of law are needed. The UBE is a way to improve the Domestic & Family Violence practice of law, yet ensure that the public continues Larry E. Darby to be protected through regulatory rules that permit Alabama Mediation Center the broadest application possible for lawyers who 29 Carol Villa Drive wish to practice in Alabama. ▲▼▲ Montgomery, Alabama 36109 Tel. 334-356-3593

102 MARCH 2011 50832-1 AlaBar_Layout 1 3/17/11 3:33 PM Page 103 The AppellateCorner

Wilson F. Green [email protected]

THE APPELLATE CORNER– A New Regular Feature

The following are some of the more significant civil decisions from our appellate courts in the last two months:

Discovery; Attorney-Client Privilege; Status of Financial Transactions between Attorney and Client Ex parte Tucker, No. 1090445 (Ala. Dec. 30, 2010) This case is significant in holding that financial transactions and pay- ments between attorney and client are not privileged. The case also reminds litigants of the broad scope of discovery generally applicable to civil cases. Judgment creditors against Richard Scrushy subpoenaed Scrushy’s outside law firm for records of monies paid by Scrushy and of Scrushy’s monies placed into the firm’s trust account. The law firm resisted the subpoena, arguing that the records were privileged, irrelevant for discovery purposes and unduly burdensome. The trial judge quashed the subpoena, and creditors filed a mandamus petition. The supreme court granted the writ, holding that (1) no privilege was attached to financial records relating to transactions between attorney and client as well as client trust monies (citing and discussing authority from Alabama and from the Tenth Circuit); (2) the records were reasonably cal- culated to lead to admissible evidence–and, in that regard, the court specifically noted that, “A trial judge, who has broad discretion in this area, should nevertheless incline toward permitting the broadest discovery ....” Ex parte AMI West Alabama Gen. Hosp., 582 So. 2d 484, 486 (Ala. 1991); and (3) the law firm made no evidentiary showing as to undue burden, which was its burden in resisting discovery on that ground.

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The Appellate COrner Continued from page 103

Statute of Frauds; Fraud in the current state of the law, a claim of promissory fraud can- Inducement Exception; Oral Contracts not be predicated on a promise which would be unen- Regarding Real Property forceable under the statute of frauds. Nix v. Wick, No. 1090687 (Ala. Dec. 30, 2010) This case specifically abrogates an older line of Section 14 Immunity Alabama cases concerning the viability of fraud claims Health Care Auth. for Baptist Health v. Davis, No. in transactions which are subject to the statute of 1090084 (Ala. Jan. 14, 2011) frauds, but where the transaction fails to meet the This case garnered significant press attention on statute of frauds’ requirements. release. Taken to its logical conclusion, it might support Wick contracted with Nix in two separate contracts to the conclusion that private actors under contract with sell a house and an adjacent five acres. Wick did not the state enjoy Section 14 immunity. Petitions for disclose in connection with the five-acre contract that a rehearing are pending in the case as of press time. co-owner, Oldfield, would have to consent to the sale. In a significant 5-3 decision (Justice Smith did not Additionally, the contract on the five-acre parcel did not participate), with now-retired Justice Lyons in the identify the parcel other than to say that it was adjacent majority, the court held that Baptist Health of to the house. The sale of the house closed, but then the Montgomery was entitled to Section 14 state immunity five-acre parcel could not close due to the lack of con- in a wrongful-death action, because Baptist had formed sent of Oldfield. a healthcare authority in connection with a manage- Nix sued for fraud and breach of contract, seeking ment arrangement with UAB Health Care System. The either to compel specific performance of the five-acre trial court had entered a judgment on a jury verdict for transaction or to rescind the house sale, based on the $3.2 million, denying post-trial motions on a variety of theory that Nix would not have bought one without grounds. The court vacated the trial court’s judgment being able to buy the other. The trial court granted sum- and dismissed the appeal based on a lack of subject- mary judgment for defendants based on the statute of matter jurisdiction, because the defendant was immune frauds, holding that under the line of authority dis- from suit. Justices Murdock and Parker, along with cussed in DeFriece v. McCorquodale, 998 So. 2d 465 Chief Justice Cobb, dissented. Petitions for rehearing (Ala. 2008), fraud cannot be employed as a claim when have been filed, and it will be interesting to see how the finding of fraud is based on a promise or represen- the 5-3 division is altered with the departure of Justice tation which would be rendered unenforceable by the Lyons and the arrival of Justice Wise and Justice Main. statute of frauds. In this case, the fact that the land was not sufficiently described rendered the promise to con- Forum Selection Clauses; Waiver and vey unenforceable. Non-Exclusivity The supreme court affirmed. The court reasoned, first, Ex parte Textron Corp., No. 1100032 (Ala. Jan. 14, 2011) that the description of the five acres was too nonspecific This is the last opinion of Justice Lyons, who resigned to be rendered enforceable, because concurrent parol evi- from the court on January 14, 2011. His thoughtful analysis dence could not be used (concurrent to the time of the and mellow prose will be missed by the bar. The case also promise to convey) to identify the parcel, in that no sur- presents an interesting issue regarding the exclusivity of vey had been done at the time. The court then reaffirmed venue in detinue as against a forum selection clause. the DeFriece line of authority and noted that cases such The debtors obtained inventory financing on boats as Darby v. Johnson, 477 So. 2d 322, 325 (Ala. 1985) and from Textron Financial. The debtors’ obligations were others have been abrogated or overruled, and under the personally guaranteed by certain guarantors. The notes

104 MARCH 2011 50832-1 AlaBar_Layout 1 3/17/11 3:33 PM Page 105

with the debtors contained an exclusive forum-selection Corporate Governance (Delaware clause designating Rhode Island courts; the guaranty Law); Law of the Case agreements contained a non-exclusive clause designat- Scrushy v. Tucker, No. 1081424 (Ala. Jan. 28, 2011) ing Rhode Island. The notes also contained rights on the This is yet another chapter in the Richard Scrushy liti- part of Textron Financial to repossess the collateral in gation. It is the most significant opinion in the litigation the event of nonpayment. After default, Textron Financial to date, as it addresses the bulk of the substantive brought a detinue action against debtors in the U.S. claims in the derivative actions, which have taken near- District Court for the Northern District of Alabama under ly a decade to litigate. FRCP 64 and Alabama statutory law, seeking reposses- This is a derivative action brought by shareholders of sion of the collateral. Debtors and guarantors then sued HealthSouth Corp. against former CEO Richard Scrushy, Textron Financial, Textron (parent corp.) and a Textron asserting claims arising from HealthSouth accounting employee in St. Clair County Circuit Court for fraud and fraud and seeking disgorgement of bonuses and dam- other claims. The detinue action was dismissed on stipu- ages for loss of value. The trial court entered judgment lation, and Textron Financial then brought another feder- for plaintiffs in the amount of $2.8 billion. The supreme al case in the District of Rhode Island. Back in St. Clair court affirmed. Scrushy assigned seven grounds for County, defendants moved to dismiss based on the appeal, all of which were rejected. The more significant forum-selection clauses. Debtors and guarantors issues (numbered as in the opinion) and their resolu- opposed on the basis of waiver—their argument was tions are as follows: that defendants had waived rights to exclusivity of the venue provided for by the forum selection clause by fil- Issue 1: Subject-matter jurisdiction over deriva- ing original detinue action in the Alabama federal court. tive action, given initial failure to plead a The trial court found waiver and denied dismissal; the demand or excuse defendants petitioned for mandamus. The supreme court held that the trial court had sub- The supreme court granted the writ in part, as to the ject-matter jurisdiction under Delaware law (which gov- claims of the debtors. The court reasoned that detinue erned the substantive claims, since the conduct and was subject to the exclusive jurisdiction of the court allegations concerned the workings of a Delaware cor- where the property being repossessed was situated, poration). Under Delaware law, faulty or inadequate being in Alabama. Thus, the filing of the Alabama action pleading of the excuse for failure to make a demand on was not a waiver of the right to enforce exclusivity of the board of directors can be cured by amendment, the venue mandated in the forum selection clause as to even though the general failure to plead demand or other claims. (The court noted that no argument was excuse generally deprives the court of subject-matter raised as to whether the enforcement of the clause jurisdiction. would be commercially unreasonable.) The court also held that the claims against the employee and parent Issue 2: Law of the case barred consideration of corporation also fell within the scope of the exclusive defenses of statute of limitations and res judicata forum selection clause. However, claims brought by the The supreme court refused to consider the merits of guarantors were not subject to the exclusive forum- Scrushy’s statute of limitations and res judicata argu- selection clause, but rather fell within the scope of a ments. The court reasoned that the doctrine of the law of non-exclusive forum selection clause found in the guar- the case (a procedural doctrine, thus governed by anty agreements; therefore, the petitioners did not show Alabama law) barred assertion of statute of limitations a clear legal right to seek dismissal of those claims. and res judicata defenses in a second appeal. Even

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The Appellate COrner Continued from page 105

though those defenses supposedly applied to a num- Issue 6: Was Scrushy’s involvement in the ber of claims, they could have been raised in a prior First Cambridge and Digital Hospital projects appeal in the case concerning the issue of payment of shielded by the business judgment rule? improper bonuses, which was one of the claims against The court held that under Delaware law, the busi- which these defenses were interposed. The court held ness judgment rule did not apply because the essen- that the law of the case doctrine bars assertion of tial element of “good faith” was lacking based on grounds applicable to any claims which could have unchallenged findings of self-dealing transactions in been asserted as to claims in issue in a prior appeal. violation of the duty of loyalty. ▲▼▲ Issue 4: Does Brophy v. Cities Service Co., 70 A.2d 5 (Del. Ch. 1949), continue to provide a Wilson F. Green is a partner in Fleenor Green & McKinney in valid basis for an insider-trading claim? Tuscaloosa. He is a summa cum laude graduate of the University of Alabama School of Law and a former law clerk to The supreme court rejected Scrushy’s argument the Hon. Robert B. Propst, United States District Court for the that Brophy was no longer viable as being either Northern District of Alabama. From 2000-09, Green served as duplicative of or in conflict with the Securities adjunct professor at the law school, where he taught courses in class actions and complex litigation. He represents consumers Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule and businesses in consumer and commercial litigation. Contact 10b-5, 17 C.F.R. § 240.10b-5. him at [email protected].

106 MARCH 2011 Young Lawyers’ Section 107 107 Lanham A. Lawyer Lawyer Clay [email protected] The Alabama The Alabama or . Conference Minority Pre-Law R. Gaines at (334) 244-6630 J. trial, students go into break-out sessions with local mock

the Atlanta. Later that month, the Meeting in Mid-Year (ABAYLD)

Lawyers’ (YLS) sent Section Young Alabama State Bar the In February, YLS events include the Upcoming Mock Trials Meetings and on the Road Keep Section at (334) 215-3803 Howard Sancha the volunteers and law students, where they discuss law school, attorney their educational and professional practice of law and how to achieve students also receive of a college prep the benefit goals. High school speaker as well as a folder of college admission material from various to stu- There is no charge institutions of higher learning across the state. of our spon- in the MPLC, due to the generous support dents taking part sors. more information on how to become a sponsor of one (or both) For of the MPLC events, please contact Lawyers’ Young Association five to the American Bar delegates Division members and executiveYLS officers held their annual winter committee Clear. meeting at the Grand Hotel in Point 30 at Birmingham Southern (MPLC) to be held in Birmingham March Federal M. Johnson April 20 at the Frank College and in Montgomery The is an MPLC Acadome. Alabama State University and the Courthouse students an oppor- program that allows local high school award-winning as jurors. may participate students trial in which tunity to observe a mock Following

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Young Lawyers’ Section Continued from page 107

As spring approaches, many firms begin traveling practice, and to provide practical instruction that will to law schools to interview students for summer assist new lawyers in developing their legal skills. It clerkships. If you have not committed to conducting is also a great way for young lawyers to reconnect on-campus interviews or hiring any summer clerks, I with law school classmates and to make new connec- encourage you to do so. Hiring a summer clerk is not tions with judges and other young lawyers from only beneficial to your firm and the law school which around the state. The YLS Sandestin CLE is held in the student attends, but a great way for students to May of each year just prior to the higher summer begin learning the practice of law. In addition, having rental rates kicking in and provides an economical a summer clerkship on their resume will prove help- way for young lawyers to obtain half their CLE ful to graduating law school students in their search requirements for the year and enjoy a weekend of for a full-time associate position. relaxation at one of the most beautiful resorts in the The largest YLS event of 2011 will be May 12–15 at the southeast. Mark your calendars now and plan to Sandestin Resort in Destin. The Sandestin CLE is the attend the Sandestin CLE May 12–15! The registra- only CLE that is targeted specifically at young lawyers. tion brochure and more detailed information on This seminar is crafted each year to offer a broad range speakers and events will be coming soon. of topics that all young lawyers should have a working For more information about your YLS, visit knowledge of, regardless of their specialized area of www.alabamayls.org. ▲▼▲

108 MARCH 2011 Important Notices 109 109 Records Reminder Lawyer Lawyer Achievement and Election of Bar Award Filing deadline members’ BP Local Electronic Balloting The Alabama The Alabama Notice of can-

requesting a Judicial Circuit Judicial Circuit Judicial Circuit, Place 1 Judicial Circuit, Place 2 Judicial Circuit Judicial Circuit Judicial Circuit Judicial Circuit Judicial Circuit Judicial Circuit Judicial Circuit Fax: (334) 517-2171 th st nd rd th th st rd th th th • 23 22 33 41 28 30 31 34 35 36 40 www.alabar.org. Alabama State Bar Rules on or before May 1 Election rules and petitions are 20, available 2011). at Alabama State Bar , Secretary, Norman A single written request will be sufficient for all elections, (May

Members who do not Internet have access should AL O. Box 671 36101 • Montgomery, P.

Circuit Keith B. . PDF or fax versions are acceptable and may be sent to the secre- [email protected]

Judicial Circuit, Place 5 Judicial Circuit, Place 5 Judicial Circuit Judicial Circuit, Place 1 Judicial Judicial Circuit, Place 4 Judicial Circuit, Place 7 Judicial Circuit, Bessemer Cutoff Judicial Circuit Judicial Circuit, Place 1 Judicial Circuit Judicial Circuit th th th th th st th th th th th th or Paper electronic nomination forms must be received by the secre- As memberssoon as will practical be after notified May by 1, e- 2011, Additional commissioners will be elected in circuits for 300each mem- Nominations may be made by petition bearing the signatures of five Notice is given here pursuant to the Bar commissioners will be elected by those lawyers with their principal At-large commissioners will be elected for the following place num- 8 10 21 15 17 18 19 10 10 11 13 13 didacy tary no later than 5:00 p.m. on the last April Friday in (April 29, 2011). mail with a link to Alabama the State Bar website that includes an electronic ballot. tary as follows: bers of the state bar with principal offices therein as determined by a and certified by the secretary census no on 1, later March 2011 than All terms are for three years. 15, 2011. March members in good standing with principal offices in the circuit in which the election will be held written declaration or of by the candidate’s Governing Election and Selection of President-elect and Board of Bar Commissioners. offices in the following circuits: Notice of Election and Electronic Balloting notify the secretary in writing paper ballot. including run-offs and contested president-elect races. Ballots must be voted and received by Alabama the State Bar by 5:00 p.m. on the third Friday in May www.alabar.org. At-Large Commissioners bers: 3, 6 and 9. for Petitions these positions are which elected by the A petition form to Board of Bar Commissioners are due April by 1, 2011. quality for these positions is available at

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Important notices Continued from page 109

Local Bar Award of Members’ Records Achievement Reminder The Alabama State Bar Local Bar Award of As a member of the Alabama State Bar, you are Achievement recognizes local bars for their outstand- required to keep the Membership Department informed ing contributions to their communities. Awards will of your current address, telephone number, fax number, be presented Saturday, July 16, during the Alabama e-mail address, etc. All requests for address changes State Bar’s 2011 Annual Meeting at the Grand Hotel in and other information must be made in writing and will Point Clear. be accepted by mail, fax or e-mail (P.O. Box 671, Local bar associations compete for these awards Montgomery, AL 36101; 334-261-6310; [email protected]). based on their size—large, medium or small. There is also a form available on the bar’s website The following criteria will be used to judge the con- (www.alabar.org) for your use when notifying our office testants for each category: of any address information change. Our policy does not permit us to make changes via phone. The • The degree of participation by the individual bar Administrative Office of Courts is not authorized in advancing programs to benefit the community; to make changes to your contact information. • The quality and extent of the impact of the bar’s participation on the citizens in that community; and

• The degree of enhancements to the bar’s image BP Filing Deadline in the community. The vast majority of lawsuits filed against BP, and the other entities involved in the Deepwater Horizon To be considered for this award, local bars must incident and resulting oil spill, have been consolidated complete and submit an award application by June 1, in a proceeding in federal court in Louisiana. If persons 2011. Applications may be downloaded from and entities having claims against these parties have www.alabar.org. For more information, contact Rita not asserted their claims by April 20, 2011, some or all Gray at (334) 517-2162 or [email protected]. of their claims may be forever barred. Filing a claim with the Gulf Coast Claims Facility (Feinberg’s process) does not constitute filing a claim in this court action. The U.S. District Court, Eastern District of Louisiana, has allowed the joinder in the action (the filing of a claim) via a short form. The deadline to file claims in the BP lawsuit pending as an MDL is April 20, 2011. ▲▼▲

110 MARCH 2011 Memorials 111 111 Lawyer Lawyer The Alabama The Alabama

Pelham, Pierre Chatom Admitted: 1956 Died: December 3, 2009 Ralph Perry, Mobile Admitted: 1987 Died: March 20, 2010 Thaddeus Salmon, Joseph Montgomery Admitted: 1951 Died: November 5, 2010 Selfe, Edward M. Birmingham Admitted: 1953 Died: November 30, 2010 Slade, Charles Kenneth Jr. Fairhope Admitted: 1982 Died: March 23, 2010 Suitts, Sherman L. Birmingham Admitted: 1977 Died: October 23, 2010

Allen, Bob E. Marbury Admitted: 1975 Died: December 22, 2010 L. Murray Jr. Alley, Birmingham Admitted: 1959 Died: November 29, 2010 Massey Bedsole, T. Mobile Admitted: 1941 Died: January 1, 2011 Blanton, John H. Selma Admitted: 1942 Died: December 27, 2010 Lathem, Donald Nickerson Alabaster Admitted: 1951 Died: May 22, 2010 Arthur Harry Lyles, Montgomery Admitted: 1979 Died: February 9, 2010 III William Neumann, Franklin Hills Vestavia Admitted: 1974 Died: January 1, 2011

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ALABAMA STATE BAR Volunteer Lawyers Program 2010 Honor Roll

Antonina M. Abate Jennifer L. Argo Randy Beard Elizabeth M. Borg Rhonda D. Bruner Jimmy S. Calton, Sr. Garry W. Abbott Michael W. Armistead Jere L. Beasley Bradford W. Botes Chad W. Bryan Walter B. Calton Lance E. Abbott Hobart H. Arnold, III Julia A. Beasley Chris D. Boutwell Corey D. Bryan Angela C. Cameron Elizabeth W. Abel L. Foster C. Arnold Charles A. J. Beavers, Jr Eric A. Bowen Judkins M. Bryan M. Joanne Camp William K. Abell Patrick S. Arrington James E. Beck, III Robert L. Bowers, Sr. Raymond C. Bryan Robert Joseph Camp James Abernathy, II Eric J. Artrip Roger H. Bedford, Jr. Sarah Clark Bowers Robert Bryan Boyd F. Campbell Russell T. Abney Angela S. Ary Mary C. Beers Charles Y. Boyd Robert D. Bryant Cheri D. Campbell James R. Accardi Brian Ashley Erin C. Bell David R. Boyd Michael D. Brymer Katy Smith Campbell Bruce N. Adams Shapard D. Ashley Kimberly L. Bell James K. Brabston Debra Henderson Buchanan Marvin H. Campbell Cassandra W. Adams William H. Atkinson Vincent A. Bellucci J. Byron Brackin, III Pam H. Bucy Stephen G. Campbell Charlye S. Adams J. H. Aughtman Howard M. Belser, III Julian B. Brackin, Jr. Joan M. Budd Thomas F. Campbell James G. Adams, Jr. E. Kenneth Aycock, Jr. W. David Bence Steven K. Brackin J. Nicholas Bull Michael L. Capleone Joe W. Adams Dana L. Aydelott Karen S. Benefield Michele G. Bradford W. Trant Bullard, Jr. Jon Christopher Capps Samuel Adams Zack M. Azar Alicia F. Bennett Mike C. Bradley William Terry Bullard Frank M. Caprio Vincent L. Adams Douglas R. Bachuss, Jr. Elizabeth E. Berry Beverlye N. Brady George B. Bulls, II Terry M. Carey Christina M. Adcock Gary A. C Backus G. Scott Berry Gordon J. Brady, III Russell Burdett Craig A. Cargile Alyce R. Addison John Baggette, Jr. Ian M. Berry Gaines B. Brake Lisa M. Burdette Mark H. Carlton Adedapo T. Agboola Donna M. Bailer James R. Berry Ryan G. Brake Greg K. Burdine Bettie J. Carmack Monica Y. Agee Anderia L. Bailey Kerrian S. J. Berryhill James C. Brakefield William G. Burgess Malcolm N. Carmichael Joseph D. Aiello J. Evans Bailey Kathryn L. Bettis Larry W. Brantley Jason E. Burgett David A. Carn Allison B. Akins L. Suzanne Bailey Deborah H. Biggers Thomas K. Brantley, Jr. Tina Burgett William C. Carn, III Stuart D. Albea Angela T. Baker Terrie S. Biggs Keith E. Brashier Zachary L. Burgreen Jimmy F. Carnes Christopher D. Albert Ben E. Baker, Jr. Bayless Biles Bradley S. Braswell R. Claud Burke Jack Carney David C. Alexander, Jr. Jerry W. Baker, Jr. Andy D. Birchfield Nicholas K. Braud Paul E. Burkett Gregory A. Carr Rod M. Alexander John S. Baker, IV Brandon T. Bishop Herbie W. Brewer, Jr. Joseph E. Burkhart Dawn S. Carre Mary Alexander-Oliver Tammy L. Baker D. Edgar Black William C. Brewer, III Harris S. Burns, III Hunter C. Carroll Frank G. Alfano Walter A. Baker J. Gary Black J. E. Bridges, III Robert L. Burrell L. Jayson Carroll Matthew B. Alfreds Russell C. Balch Bryan S. Blackwell Bryan S. Brinyark John P. Burson Michael W. Carroll Gary P. Alidor, Sr. Bryan O. Balogh A. Dwight Blair James E. Brisendine Samantha L. Burt Monica L. Carroll David B. Allen Page A. Banks Anna Blair Britten L. Britt Anthony B. Bush Michael J. Cartee Deanie C. Allen Mannon G. Bankson, Jr. Dan Blalock, Jr. D. Jason Britt Annette T. Butler Clint C. Carter J. Greg Allen Charles W. Barfoot William R. Blanchard, Jr. E. L. Brobston Clint W. Butler Elizabeth B. Carter Leslie M. Allen Judy H. Barganier Donna A. Bland Brian P. Brock Kelly D. Butler Gordon T. Carter Myron K. Allenstein Constance S. Barker Ernest N. Blasingame, Jr. Robert H. Brogden Michelle N. Butler Kristin A. Carter Rose Marie Allenstein James M. Barnes, Jr. J. Rodney Bledsoe William H. Broome Rebecca P. W. Buxton Richard C. Carter, Jr. John T. Alley, Jr. Noel S. Barnes Justin M. Bledsoe Richard E. Broughton Michael E. Bybee Tonja B. Carter David E. Allred Robert L. Barnes Henry W. Blizzard, Jr. H. E. Browder James A. Byram, Jr. Wayne Carter Cynthia Lee Almond Cheryl D. Barnett Ariel S. Blocker Bowdy J. Brown Donna K. Byrd Susie T. Carver M. Bradley Almond George M. Barnett Nakita R. Blocton E. T. Brown Dustin R. Byrd Tracy W. Cary Shawn T. Alves H. Clay Barnett, III Nettie C. Blume Jeffrey S. Brown Lynn B. Byrd Kay L. M. Cason John M. Amari Shelly L. Barnhart James G. Bodin, Jr. Keith A. Brown David B. Byrne, III H. Max Cassady, Jr. Billy B. Amason A. Colin Barrett Thomas H. Boggs, Jr. Kirtley W. Brown Thomas A. Caddell R. Paul Cater Charles L. Anderson James Tutt Barrett Bethany L. Bolger Margaret Y. Brown Gregory A. Cade David B. Cauthen, Jr. James H. Anderson C. Park Barton, Jr. Natalie R. Bolling Michael B. Brown Matthew M. Cahill Frank M. Cauthen, Jr. Keith S. Anderson Mary Lynn Bates W. Donald Bolton, Jr. Ouida Y. Brown Valerie M. Cain Mary Beth W. Cavert Roy S. Anderson Matthew J. Bauer Katherine B. Bonnici Rebecca B. Brown Jane L. Calamusa Shannon M. Cazzavillan William D. Anderson Kimberly M. Bawgus Daniel E. Boone Sarah J. Brown Bonita J. Caldwell Joe M. Chambers David M. Andres M. Hamp Baxley LaBarron N. Boone Stephen F. Brown Leslie A. Caldwell Mark N. Chambless D. Mike Andrews Wade H. Baxley Britt S. Booth T. Michael Brown Chrissy D. Calhoun William R. Chandler Laurie S. Andrijeski Michael D. Beach Charles H. Booth, Jr. Thomas B. Brown Richard F. Calhoun, Jr. Jeffrey M. Chapman Ricardo Aparicio James R. Beaird Joe T. Booth, IV Whitney R. Brown Louis M. Calligas John W. Charles, III Virginia T. Applebaum Rebekah P. Beal Erica K. Boozer Pamela E. Brown-Briggs Laura A. Calloway Diana L. Charlton J. Knox Argo E. Will Beard Alexia B. Borden Ben E. Bruner Jimmy S. Calton, Jr. Marion D. Chartoff

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Allan R. Chason Brandon S. Coots By this honor roll, the James R. Engelthaler Peter S. Fruin John Earle Chason H. Wayne Copeland April England A. Brantley Fry Norma M. Chaviers Lee H. Copeland Alabama State Bar Russell L. England Bill H. Fuller, Jr. Annary A. Cheatham William Coplin, Jr. recognizes the following John E. Enslen Bill P. Fuller, Jr. Randall M. Cheshire Jack Corbitt Frederick T. Enslen, Jr. Jacob A. Fuller Richard E. Chesnut James M. Corder, Jr. lawyers for their participa- Marshall A. Entelisano Erskine Funderburg, Jr. Prince D. Chestnut Robert D. Cornelius Paul D. Esco Alan C. Furr Christopher G. Childers Brad W. Cornett tion in volunteer lawyers R. Graham Esdale, Jr. Richard M. Gaal D. Wayne Childress Michael C. Cornwell programs across the state. Isaac Espy Cleophus Gaines, Jr. Donald L. Christian, Jr. Richard W. Couch Jonathan K. Espy L. Shaw Gaines Monchai Chuaychoo Carl M. Cowart, Jr. Their generous assistance, Barbara E. Estep W. Thomas Gaither L. Brian Chunn Donnis Cowart cooperation and dedica- Daryl R. Eustace Tim J. F. Gallagher Elizabeth A. Citrin John M. Coxwell, Jr. Barton B. Evans Joseph J. Gallo Daniel K. Clark Katharine A. W. Coxwell tion have enabled these Maston A. Evans, Jr. E. Dianne Gamble Kevin E. Clark William J. Coxwell Quindal C. Evans Robert C. Gammons Paul A. Clark Edmund A. Crackel, III programs to provide legal Tobby R. Evans Hartwell Alan Gargis Shannon R. Clark John C. Craft representation to hundreds Jesse Evens, III Robert S. Gargis, II William N. Clark Julie A. Craft Greg B. Everett Christopher R. Garner Will H. Clay Mary W. Craig of disadvantaged Steven D. Eversole Broox G. Garrett, Jr. Frances R. Clement Timothy O. Craig Aaron N. Ezell J. Kirk Garrett Holly J. Clemente Annette B. Crain Alabamians. E. Mark Ezell R. Brett Garrett Laura L. Clemons Andrew J. Crane Robert C. Faircloth Richard B. Garrett Kimberly M. Clenney Lori L. Crawford Mary L. Falkner Shana N. Gartlan Chip W. Cleveland, II Candace B. Crenshaw Nancy Jones Davis Jessica K. Drennan Michael B. Fargarson Luther S. Gartrell, III Clifford W. Cleveland Danny W. Crenshaw Peter J. Davis Bennett R. Driggers, Sr. Hamilton N. Farmer Holli A. Gaston Harwell E. Coale, III R. Champ Crocker Randal K. Davis Cory H. Driggers Ben H. Farrow Mickey J. Gentle James E. Coale Eric B. Cromwell, II Ron L. Davis Kristi Driskill E. Peyton Faulk Shannon George H. Warren Cobb, Jr. Bobbie Crook Stephen D. Davis, II Tameria S. Driskill Joseph E. Faulk Tena M. George LeRoy Alan Cobb C. McDowell Croo, Jr. Tracy R. Davis Khristi D. Driver Winn S. Faulk Van C. Gholston William P. Cobb, II Donna C. Crooks William Richard Davis Jeffery C. Duffey Joseph A. Fawal Kristel N. Gibbons Debra H. Coble Samuel N. Crosby Tina R. Dawes Matt T. Dukes William Feagin John M. Gibbs John E. Cochran, Jr. America A. Cross William David Dawson Roy C. Dumas Carmen S. Ferguson James W. Gibson Robert H. Cochran Richard G. Cross Richard C. Dean, Jr. Peter A. Dumbuya Katie Seals Ferguson Rafael Gil, III Ginger D. Cockrell Silas G. Cross, Jr. Jim L. DeBardelaben Matthew A. Dunaway Daniel J. Ferretti Leatha Kay Gilbert Carla M. Coffey Christina D. Crow John M. Debro Priscilla B. Duncan Joseph D. Ficquette Harry L. Gilder, Jr. Michael J. Cohan Michael J. Crow Stephen P. Dees Cindy L. Dunn Richard E. Fikes C. Nelson Gill Carl A. Cole, III Aurelius E. Crowe Laura A. Dell Linda C. Dunn Sean L. Finan Richard H. Gill P. Michael Cole Melissa B. Croxton Patricia D. Demos Kendall C. Dunson Clark D. Fine H. Lewis Gillis Shawn J. Cole George B. Crum Joseph C. Denison Russell T. Duraski Monica N. Fischer Carla Cole Gilmore G. Baron Coleman Laura L. Crum Jonna Miller Denson Mark A. Dutton John T. Fisher, Jr. W. Ivey Gilmore, II James P. Coleman William T. Crutchfield Kimberly S. DeShazo Jeff D. Dyess Timothy W. Fleming Wyman O. Gilmore, Jr. William D. Coleman Manley L. Cummins James E. Deshler, II Nicole B. Dyess Shayla R. Fletcher Samuel H. Givhan John D. Collins Timothy P. Cummins Thomas M. Di Giulian Mark C. Eagan D. Taylor Flowers Elizabeth B. Glasgow L. Joel Collins Jim G. Curenton, Jr. Nicole S. Diaz Patricia L. Easley Elizabeth R. Floyd William P. Glass, Jr. Meteasa L. Collins Richard A. Cusick Karen N. Dice D. Russell Eason J. Chad Floyd J. Tony Glenn Zachary T. Collins Greg S. Cusimano James R. Dickens, Jr. Darlene U. Eason Jon M. Folmar Chris D. Glover Brian K. Combs Harry M. D’Olive Andrew D. Dill W. Don Eddins Robert B. Folsom, Jr. Mark S. Gober Sabrina L. Comer Craig D. Dahle Nicole Mintree Dill Thomas M. Eden, III Jason A. Forbus Michael D. Godwin Jaime Webb Conger John G. Dana Craig S. Dillard Charles W. Edmondson Christopher A. Ford Michael O. Godwin R. Mike Conley Geraldine R. Daniels Woodford Dinning, Jr. Faye H. Edmondson Michael Fraser Ford Steven J. Goldstein Rochelle A. Conley Kristin L. Daniels Lois Carney Divietro Rodney L. Edmondson Randal S. Ford Ronald R. Goleman, Jr. Joel D. Connally Stephanie O. Daniels Shawanna R. Dobson Bingham D. Edwards Arne M. Foss Larry A. Golston, Jr. Roianne H. Conner Suzette E. Daniels E. Allen Dodd, Jr. James M. Edwards Alan L. Foster Robert L. Gonce Gregory C. Cook Alfred J. Danner J. David Dodd Regina B. Edwards Marcie L. Foster Michael R. Goodman J. Sydney Cook, III Shirley M. Darby Edward W. Doggett Thomas R. Edwards Robert P. Fowler Elizabeth S. Gordon Pamela Gooden Cook Brian A. Dasinger Carolyn M. Dohn Nora E. Elder Alisha D. Franklin William Gordon Rebecca A. Cook Michael A. Dasinger, III Gail H. Donaldson W. Lee Elebash Patrick W. Franklin Robert L. Gorham W. Chad Cook Patrick H. Davenport Cathy B. Donohoe Ewell H. Elliott, Jr. Gregory S. Frazier Letta Dillard Gorman Jennifer B. Cooley Dow A. Davidson Suzanne C. Dorsett Robin M. Elliott Chris L. Frederick C. Lance Gould Andrew D. Cooper Patrick C. Davidson Charles S. Doster Rufus E. Elliott, III Patricia A. Frederick Robbyn A. Gourdouze Benjamin H. Cooper Greg L. Davis David D. Dowd, III Frank Ellis, Jr. Richard M. Freeman, Jr. L. Ann Grace Larry G. Cooper, Jr. J. Ladd Davis Carl K. Dowdey, III Joana S. Ellis V. Edward Freeman, II Gregory S. Graham Lisa Cooper James E. Davis, Jr. James V. Doyle, Jr. Matthew T. Ellis Carl E. Freman Rebekah L. Graham Maureen K. Cooper Kelvin L. Davis Naomi G. Drake William A. Ellis, III Richard Fricks Fred K. Granade Paul R. Cooper Kenneth D. Davis Wendy Ghee Draper Lauren J. Ellison Barry A. Friedman Patricia H. T. Granger Robert E. Cooper Mark T. Davis Angela Turner Drees A. Brook Emfinger Michael A. Fritz, Sr. Laura R. Grantham

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Benjamin R. Graves Alan T. Hargrove, Jr. The Alabama State Bar Daniel F. Johnson Nancy M. Kirby Irene M. Graves R. Lyle Harmon Derry D. Johnson Robert E. Kirby Patrick H. Graves, Jr. Susan K. Harmon and the four organized Jerrery A. Johnson Jayme L. Kirkland Bridgett V. Gray Peter H. Harralson pro bono programs salute L. Scott Johnson, Jr. T. Oliver Kitchens Fred D. Gray, Jr. Roy Wallace Harrell, III Lora Lea J. Johnson Erin L. Kline Kevin C. Gray Elizabeth Davis Harris all private attorneys Michael P. Johnson Katherine M. Klos Bryan A. Grayson Betsy M. Harrison across the state who Roy M. Johnson, III James R. Knight Jonathan Grayson David J. Harrison Sandy F. Johnson Jerry R. Knight B. Kincey Green, Jr. Richard A. Harrison, III donated some portion of Tiffany N. Johnson John Knight B. F. Green, III Charles C. Hart their time to providing William T. Johnson, Jr. Kelly R. Knight C. Harry Green Michael A. Hart James E. Johnston Christina D. Knowles Christmas Y. Green Gerald W. Hartley free legal assistance to Jamie A. L. Johnston John L. Knowles Virginia C. Green Jeffery J. Hartley Kesa M. Johnston T. Cowin Knowles Wilson F. Green P. Richard Hartley low-income persons. Sarah S. Johnston Donald D. Knowlton, II Regina Greene Gary Hartline Sharon A. Johnston Karen G. Knowlton Yong U. Gregg R. Bernard Harwood, Jr. Albert Jones George P. Kobler Laura K. Gregory Jeffery D. Hatcher Amanda C. Hines James Hughston Allen C. Jones Marlene Koch Bradford J. Griffin David A. Hatfield Edward T. Hines John D. Humber Christopher H. Jones Thomas E. Kondrak Tracy L. Griffin Sanford D. Hatton, Jr. Rob I. Hinson Claude E. Hundley, III Claire T. Jones Harold A. Koons, III Matthew R. Griffith Frank H. Hawthorne, Jr. Chinita H. Hinton Kenneth Alan Hunt, Jr. Donald R. Jones, Jr. Thomas O. Kotouc Stephen K. Griffith James G. Hawthorne, Jr. Edward C. Hixon Rochelle D. Hunt Gregory R. Jones Robert R. Kracke Gregory Griggers Raymond J. Hawthorne, Jr. Chad L. Hobbs Elizabeth H. Huntley Jennifer L. Jones Joseph C. Kreps Michael A. Griggs J. Marland Hayes Joseph N. Hocutt, II Norman Hurst, Jr. John David Jones Kevin R. Kusta Dana J. Grimes Josh P. Hayes David Jason Hodge Thomas J. Huseman Michael L. Jones, Jr. Nathan F. Kuykendall Timothy M. Grogan Walt S. Hayes Jamin W. Hogan Dow Huskey Nick A. Jones Mary Ellen Lamar Arthur Groover James K. Haygood, Jr. David K. Hogg Henry H. Hutchinson, III Patrick B. Jones, III F. Les Lambert Archie I. Grubb, II Randall S. Haynes Jennifer Holifield Timothy Clark Hutchinson Rhon E. Jones Matthew Lamere John M. Gruenewald Wallis S. Haynes David F. Holmes Kearney D. Hutsler, III T. R. Tommy Jones, Jr. Joseph D. Lane Lisa F. Grumbles William S. Haynes William A. Holmes Benjamin W. Hutton Thomas M. Jones L. Jan Laney Richard L. Guido Patrick Hays, Jr. M. Guy Holton James C. Ingram, Jr. Tom E. Jones Charles A. Langley Dihanne Perez Guilbert Tilden J. Haywood Ronald A. Holtsford Jeffrey B. Irby William A. Jones David W. Langston John C. Gullahorn Margaret J. Head D. Chuck Holtz George R. Irvine, III Robert K. Jordan Clay A. Lanham Patrick I. Gustin Thomas R. Head, III Rhonda S. Hood Paul A. Irwin, Jr. Jarred E. Kaplan Hannah B. Lansdon Anne W. Guthrie J. Cliff Heard Peggy C. Hooker Branson T. Isleib David B. Karn Kristen A. Larremore Bert Guy Kevin D. Heard Christopher M. Hopkins Charles E. Isom Hattie E. Kaufman Michael P. Lasseter Robert L. Hagler, Jr. Cassandra T. Hearn Rosemari C. Hopson J. O. Isom Kristofor W. Kavanaugh Byron Lassiter John Hagood H. Thomas Heflin, Jr. J. Matthew Horne Brian C. Isphording G. Marc Keahey Byrd R. Latham Larry L. Halcomb Gabrielle Helix E. Anne Sikes Hornsby Garve W. Ivey, Jr. Robert D. Keahey, Jr. Othni J. Lathram Harry P. Hall, II Tara L. Helms David A. Horton Wyndall A. Ivey Robert D. Keahey Oliver J. Latour, Jr. James E. Hall, II Danny D. Henderson Vania L. Hosea Jason M. Jackson Ronnie E. Keahey Robin G. Laurie Timothy C. Halstrom David W. Henderson Edward A. Hosp Jerry W. Jackson Richard K. Keith Reginald O. Lavender Charles W. Ham Diane H. Henderson Byron E. House Joshua J. Jackson Kyla G. Kelim Jonathon R. Law Brandy B. Hambright Leslie Susan Henderson Thomas J. House Karen H. Jackson Robert C. Keller J. Dale Lawrence, Jr. John Hamilton, Jr. Linda W. H. Henderson Kaye K. Houser Michael S. Jackson Patricia C. Kellett Shay V. Lawson Lewis S. Hamilton D. Mitch Henry Beverly J. Howard Perry G. Jackson C. Robin Kelley Fred Lawton, III Andrea M. Hamlett Jule R. Herbert, Jr. Calvin Howard William B. Jackson, II Charles Kelley Gregory L. Leatherbury, Jr. James D. Hamlett Christine C. Hernandez John Allen Howard, Jr. Jimmy D. Jacobs Robert J. Kelly A. Wade Leathers William T. Hamlin J. R. Herring Harold Howell Laura D. Jacobs Stephen M. Kennamer Barry C. Leavell Myra L. Hammond Jeffrey G. Hester R. Wyatt Howell, Jr. Amber Y. James Susan E. Kennedy E. Renee W. Lee Stephen V. Hammond R. Scott Hetrick Steven M. Howie C. Chuck James, II Christopher Kern Hugh M. Lee Trina W. Hammonds Scott Hewitt S. Scott Hoyem Debbie L. Jared Kimberly G. Kervin S. Chad Lee Frances M. Hamner S. Scott Hickman Michael J. Hoyt Clifford W. Jarrett Joshua G. Kesling Tracie B. Lee-Roberson Steven R. Hamner Walton W. Hickman David L. Hubbard Michael S. Jazwinski William Burl Key, III Winston V. Legge, Jr. Emmett W. Hampton Charles A. Hicks J. Lister Hubbard Corey W. Jenkins Roger G. Killian Lee S. Leggett Leif R. Hampton Deborah W. Hicks John C. Hubbard James J. Jenkins Hardie B. Kimbrough Linda Sanford Lehe Mary Ann Hampton J. Bradford Boyd Hicks Joseph L. Hubbard, Jr. R. Willson Jenkins, Jr. John D. Kimbrough Rocco J. Leo Lisa Milner Hancock Angela J. Hill Gary A. Hudgins Richard D. Jensen Brett A. King Vanessa Leonard F. Michael Haney Charles R. Hill, Jr. Janet May M. Hudson John L. Jernigan, III Daniel B. King W. Don Letford Shelbie G. Hankey Denise M. Hill William D. Hudson Gary Jester Glen D. King Katy B. Lewey Warren T. Harbison Jamie K. Hill Michael P. Huff Lynn W. Jinks, III James C. King Jon E. Lewis Deborah Q. Harding Mary R. Hill R. Austin Huffaker, Jr. Marci S. Johns Kathryn A. King Joseph B. Lewis William E. Hardy, Jr. Shawn M. Hill Miles M. Huffstutler Adrian D. Johnson Rachel A. King Robert S. Lewis Charles Hare, Jr. Thomas B. Hill, III David A. Hughes Anthony Johnson Thomas A. King Sandra H. Lewis Nicholas S. Hare, Jr. W. Mike Hill, Jr. Michael P. Hughes Belinda E. Johnson William D. King, IV Yue Li D. Brent Hargett Laura P. Hiller Sidney J. Hughes Candace L. Johnson William R. King Heather F. Lindsay Douglas B. Hargett Elizabeth B. Hilyer Harold V. Hughston, III D. Kyle Johnson Carey N. Kirby Daniel L. Lindsey, Jr.

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Billie B. Line, Jr. R. F. Matt Matthews, Jr. Organized pro bono Connie J. Morrow Harold L. Odom Christopher S. Linton Deborah A. Mattison Dorsey W. Morrow, Jr. William A. Odom Corey B. Lipscomb Michelle D. W Mauldin programs make us keenly Anne R. Moses J. Edmund Odum, Jr. J. Alan Lipscomb Gerald Maxwell aware of the contribution Maxine Crawford Moses William H. Odum, Jr. Donald B. Little Allen W. May, Jr. Monica I. Moses E. Charles Ogden, III John A. Little Dana M. May and concern of many of Brian T. Mosholder Tina R. Ogle Thomas M. Little W. Randy May Lea L. Mosley Sonya A. Ogletree-Bailey Edwin K. Livingston Andrew T. Mayfield our colleagues and remind C. Delaine Mountain J. C. Oldshue, Jr. S. Jack Livingston Margaret Ann Mayfield us of our own need to Clinton D. Mountain, Jr. Paige M. Oldshue John Lloyd Bradley Curtis Mayhew J. Flynn Mozingo Christy L. Olinger Ben L. Locklar David L. McAlister serve our community Barry L. Mullins Blake L. Oliver Robert C. Lockwood Ben L. McArthur J. Alex Muncie, III John Oliver, II J. Heath Loftin Mitch McBeal through our profession. Stanley Munsey Kim B. Oliver Sam E. Loftin, Jr. John A. McBrayer We hope that all lawyers Courtney C. Murchison Craig D. Olmstead Jamie P. Logan Richard L. McBride, Jr. Mary E. Murchison Shane M. Oncale Eugenia L. Loggins Phillip W. McCallum will someday participate J. Leland Murphree A. Michael Onderdonk Charlene W. Long Emily K. McCarson in organized pro bono Letitia L. Myers Diane S. Oraif Jack B. Long Megan K. McCarthy Joshua P. Myrick Patricia R. Osuch Robert E. Long, Jr. Terrence W. McCarthy programs so that we may Drayton Nabers, Jr. Jobe T. Ott Kenneth H. Looney John W. McCollum, Jr. Rebecca Narmore Mark A. Overall James E. Loris, Jr. Guy C. McCombs, III recognize their George A. Nassaney, Jr. Jack C. C. Owen, Jr. Bobby Lott, Jr. Tiffany B. McCord contributions too. Horace H. Nation, III J. Bentley Owens, III Yancey Davis Lott, Jr. W. Joseph McCorkle, Jr. George M. Neal, Jr. John Owens Julie L. Love J. Charles McCorquodale, IV Christopher R. Neff Nathaniel D. Owens Barnes F. Lovelace, Jr. Joseph C. McCorquodale, III Jason C. Neff Terrie S. Owens Joseph T. Lowry John P. McCulsky Linda H. Meadows Jeff A. Mobley Meegan B. Nelson Thomas G. Owings Aaron J. Luck Donna F. McCurley Robert T. Meadows, III Terry Mock Narissa Nelson Krystal G. Padula Terry W. Luck, III Robert L. McCurley, Jr. Ted G. Meadows James D. Moffatt Patrick G. Nelson Debora E. Palmer Darlett Lucy-Dawson John B. McDaniel Tyrone C. Means Randall G. Moffett Philip Nelson Robert L. Palmer Allison Y. Lumbatis Reginald D. McDaniel John E. Medaris Barney A. Monaghan Robert F. Nelson Christopher A. Pankey Jonathan M. Lusk Mickey G. J. McDermott Gail Smith Meek Samuel C. Money Stephen M. NeSmith J. Ed Parish, Jr. Louis B. Lusk Jessica M. McDill Ronald C. Mendheim Steven W. Money Laura C. Nettles Karin I. Park Champ Lyons, III James H. McDonald, Jr. Benjamin E. Meredith Deborah B. Montgomery Thomas A. Nettles, IV Angela D. Parker John M. Maddox Tina R. McDonald Elizabeth G. Messer James N. Montgomery, Jr. Martin L. Newell Edwin L. Parker Melinda L. Maddox Charles H. McDougle, Jr. William Z. Messer Jeffrey P. Montgomery David T. Newton George R. Parker Donna Britt Madison J. Douglas McElvy Christopher M. Messervy Lucas C. Montgomery J. Perry Newton James M. Parker Thomas J. Mahoney, Jr. Andrew L. McGee Thomas J. Methvin E. Farley Moody, II Seth A. Newton Pamela M. Parker B. Saxon Main Mary C. McGowan Paul F. Meyers, II Kimberly A. Moody Greg Nicholas Phyllis F. Parker W. Davis Malone, III Steve G. McGowan Dana Tara Middleton Daryl Wayne Moon John L. Nichols Sandra D. Parker Hobson Manasco, Jr. Peter A. McInish William L. Middleton, III Brian W. Moore William W. Nichols Carnesa T. Parker-Kynard Thomas G. Mancuso Mahaley P. McInnes Leonard F. Mikul Carolynn H. Moore Chris J. Nicholson James W. Parkman, III Joshua F. Mandell M. Elizabeth McIntyre Tim W. Milam George Allen Moore Deborah M. Nickson Hilary B. Parks J. Brannon Maner Reta A. McKannan Philip E. Miles Glen C. Moore Emily K. Niezer Melinda J. Parks Brian D. Mann April W. McKay W. Dee Miles, III Joseph S. Moore Kenneth A. Nixon William J. Parks, III Johann R. Manning, Jr. John C. McKelvey Allison J. Miller Louis P. Moore Glenn Carlyle Noe Jo K. Parr Jennifer E. Marcato Jodi L. McKelvin Cellie W. Miller Patricia N. Moore William G. Nolan Alexandria Parrish Edward R. March, III Richardson B. McKenzie, III Edwina E. Miller T. Deven Moore Joel M. Nomberg Russell N. Parrish Emily C. Marks Samuel McKerall J. Parker Miller William J. Moore Jim T. Norman, III Elizabeth Parsons John W. Marsh Donald J. McKinnon Jeffrey Garrett Miller Yancey A. Moore, III John D. Norris W. Cam Parsons M. Dale Marsh Joshua R. McKoon Keith S. Miller Robert E. Moorer Kim A. Norris Kelly F. Pate David P. Martin C. Knox McLaney, III Rodney E. Miller Stanley A. Moorhouse Robert M. Norris, Jr. Robin E. Pate James L. Martin James D. McLaughlin Shannon L. Miller Chad A. Morgan Robert F. Northcutt Charles Paterson Kimberly B. Martin Jeff R. McLaughlin Stephen H. Miller Charles E. Morgan Jake A. Norton James D. Patterson M. Clay Martin Blanchard L. McLeod, Jr. Tamika R. Miller Fernando A. Morgan Robert E. Norton Joe M. Patterson, Jr. T. Sheree Martin Donald M. McLeod William J. Miller Grady L. Morgan Thomas B. Norton, Jr. Jon H. Patterson John V. Martine Edward L. McMillan, IV Zachary D. Miller James E. Morgan, Jr. Louis C. Norvell Chandra D. Paul Danielle W. Mason W. Bob McMillan Elizabeth Haney Mills Jennifer S. Morgan Dorothy F. Norwood E. Bryan Paul Phillip E. Mason Stephen P. McMunn Shirley A. Millwood Rachel Murphy Morgan Tabor R. Novak, Jr. Gerald R. Paulk R. A. Abbey Mason Marrell McNeal Joy J. Minner Sheila F. Morgan H. M. Nowlin, III Ruth L. Pawlik Daniel E. Massey, IV B. Grant McNutt Anne W. Mitchell Brenton K. Morris Roben Nutter J. Day Peake W. Troy Massey Gloria J. McPherson Harlan D. Mitchell Joseph Morris A. Stewart O’Bannon, III Allyson C. Pearce Sean Masterson Julian L. McPhillips, Jr. Joel Shannon Mitchell Steven R. Morris Michael Anthony O’Brien Theodore R. Pearson John M. Mastin Douglas L. McWhorter Neah L. Mitchell D. Brent Morrison P. Leigh O’Dell Thomas B. Pearson Karen L. Materna R. T. McWhorter, Jr. Phil D. Mitchell, II Mari Morrison Horace V. O’Neal, Jr. Harold G. Peck P. David Matheny Summer L. McWhorter Christopher A. Mixon Rick D. Morrison C. David Odem John M. Peek Fred B. Matthews LaTasha A. Meadows David E. Mixon F. Chadwick Morriss Dennis N. Odem Sonya L. Pence

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J. Clark Pendergrass Eric L. Pruitt We also thank the Albert L. Shumaker Jennifer R. Stanley Carmella J. Penn I. Drayton Pruitt Donna Lynn Silcox Amanda L. Stansberry-Johns Ronald W. Penn LaShaun R. Pryor dedicated lawyers of Legal Carl Wayne Simmons K. Scott Stapp Simeon F. Penton, II Randall D. Quarles Services Alabama. Their Jason T. Simmons Gregory C. Starkey Roderick B. Perdue Tyrone Quarles Timothy B. Simmons Angela C. Starr JoAnn M. Perez Wanda M. Rabren assistance and cooperation Curtis M. Simpson Brenda S. Stedham Benton H. Persons, Jr. Ashley F. Ragsdale Charles H. Sims, III Mary Kathleen W. Steele Michael J. Petersen Wanda B. Rahman have enabled these Patrick O. Sims Amelia K. Steindorff Eric G. Peterson David E. Rains programs to operate Joan B. Singleton Dennis Steverson James Derek Peterson Richard R. J. Raleigh, Jr. Spence A. Singleton Chad E. Stewart Collins Pettaway, Jr. Emily Hawk Raley efficiently without a Kay G. Siniard Chuck A. Stewart, III Robert H. Pettey, Jr. Julie H. Ralph Cynthia Slate-Cook Clark V. Stewart William L. Pfeifer, Jr. Joel W. Ramsey duplication of services. Clifton E. Slaten Joseph G. Stewart, Jr. Donald M. Phillips Jeanne D. Rasco Scott A. Slatton Patricia C. Stewart Gary A. Phillips Robert L. Rash James J. Sledge Vaughn M. Stewart, II Roger W. Pierce Shannon A. Rash Barbara Rogers Ben E. Schoettker Temberly T. Sledge Micki Beth Stiller Sean C. Pierce David L. Ratcliffe William K. Rogers, Jr. Janet E. Schroeder-Grant Donna W. Smalley Tammy L. Stinson Staci M. Pierce William A. Ratliff Matthew E. Rone Cindy S. Schuessler Valerie M. Smedley William R. Stokes, Jr. Wendy A. Pierce Sreekanth B. Ravi Jennifer L. Roselius Kenneth Schuppert, Jr. Melissa E. Smiley Brandon C. Stone Michelle K. Pieroni Robert T. Ray Gordon Rosen Troy T. Schwant Alexander M. Smith Shelia V. Stone John E. Pilcher W. Larry Ray Robert M. Rosenberg Mark A. Scogin Ashley N. Smith Leon R. Storie Mary E. Pilcher Alicia Jo Reese C. Daniel Rosser, Jr. Amy J. Scott Austin E. Smith Robert Straub Nancy S. Pitman Brooke E. Reid Edward Kenneth Rosser David L. Scott Danny Smith Audrey O. Strawbridge A. Wesley Pitters Gregory J. Reid Julia S. Roth Rita H. Scott David Smith Jeremy L. Streetman Charles G. Pittman Jennifer H. Reid Nicholas B. Roth Romaine S. Scott, III Hilda Trapp Smith Brian P. Strength Robert Pittman Ashley B. Reitz Alan E. Rothfeder William E. Scully, Jr. J. Timothy Smith K. Brandon Strickland Timothy P. Pittman Victoria D. Relf A. Rothschild L. Shane Seaborn James C. Smith Michael G. Strickland Conrad Pitts Harry M. Renfroe, Jr. David Woodham Rousseau James V. Seal James D. Smith Rachel H. Sullivan J. Randall Pitts, Jr. Gregory H. Revera Finis A. Royal John E. Searcy, Jr. Jeffery C. Smith E. Clark Summerford Jessica S. Pitts Charles G. Reynolds, Jr. Tanisia N. Roye Mitzi L. Sears Jeffrey W. Smith R. Eric Summerford Valerie H. Plante Robert D. Reynolds Brian S. Royster Steven R. Sears Jenna B. Smith Jeremy P. Summers Denise Blue Poe Robert R. Reynolds Forrest C. Rule, Jr. Patrick L. W. Sefton Joel P. Smith, Jr. Pamela Swan Stephanie Pollard Robin F. Reynolds P. Shawn Rumsey Sandra R. D. Segal Mark E. Smith Mark D. Swanson Brenda M. Pompey Richard A. Rhea Samantha B. Rush Bobby Segall Marshall E. Smith, III Ashley E. Swink William M. Pompey Frank B. Rice Yvonne R. Rush Laura K. Segers Robert F. Smith Roy Roderick Sylvester, II J. Bradley Ponder Arlene Richardson John A. Russell, III Jere C. Segrest Ronald W. Smith Scott R. Talkington Ben E. Pool Catherine H. Richardson P. Vaughan Russell, Sr. C. Brandon Sellers, III Rufus Smith, Jr. William W. Tally Gregory M. Pool Christy W. Richardson Polly E. Russell Mary B. Sellers Stephen B. Smith Andy W. Tampling, Jr. Debra Haynes Poole Randall K. Richardson Robert J. Russell, Jr. Melinda E. Sellers Steven V. Smith Thomas C. Tankersley William S. Poole, Jr. Robert F. Richardson Louis Rutland Samantha R. Sellers Sylvester S. Smith Clayton R. Tartt Kathryn O. Pope Don M. Riddick J. Lenn Ryals Sebie G. Sellers W. Roger Smith, III Patrick H. Tate Diane M. Porter Robert M. Ritchey Aaron C. Ryan Will B. Sellers William E. Smith Charles Tatum, Jr. J. Cole Portis Jim A. Rives Jenny R. Ryan William D. Senter William F. Smith, II Dana G. Taunton Jamy B. Poss Robert D. Rives L. Thomas Ryan, Jr. L. Landis Sexton Elizabeth C. Smithart Anwar Taylor Courtney Potthoff W. Bradford Roane, Jr. Mark D. Ryan T. Grant Sexton, Jr. Anthony D. Snable J. Carlton Taylor Andrew James Potts Arnwine A. Robert, Jr. Nathan A. Ryan LaKesha B. Shahid Joshua C. Snable J. Farrest Taylor Frank Potts Jim H. Roberts, Jr. W. David Ryan, II Heather R. Sharp Aundrea M. Snyder Jeremy P. Taylor R. E. Poundstone, IV Michael L. Roberts Brad P. Ryder Leslie C. Sharpe Kris D. Sodergren Spencer M. Taylor Joe E. Powell Myra C. Roberts M. Wayne Sabel, Sr. R. Cooper Shattuck Joseph C. Somma Fred W. Teague Joseph B. Powell William P. Roberts, II Mark W. Sabel, Jr. Roman A. Shaul Ricky V. South Kevin D. Teague Tonya D. Powell Bill H. Robertson, V Ayn Traylor-Sadberry David T. Shaw Jonathan A. Spann William C. Teague Emily B. Prater John T. Robertson, IV Angela H. Sahurie Glenn A. Shedd Lonnie D. Spann Gerald A. Templeton Laurie Pratt-Johns Michael F. Robertson Joseph M. Saloom C. Winston Sheehan, Jr. Michael E. Sparkman James M. Terrell Jennifer S. Precise Anderson D. Robinson Ernestine S. Sapp William A. Sheehan Scott M. Speagle Mike F. Terry Austin S. Prestwood Brandon N. Robinson Jonathan C. Sapp Erica L. Sheffield Harold Speake Charlotte M. Tesmer Brandy F. Price Charles E. Robinson, Jr. Robert A. Sapp, Jr. Mitchell K. Shelly Sidney B. Spear Michael T. Tewalt Charles Price, II Edward A. Robinson James T. Sasser Kristy D. Shelton Brian D. Spellen Bryan A. Thames Everette A. Price, Jr. J. David Robinson Robert E. Sasser Timothy L. Shelton Robert M. Spence Christopher Thigpen Jeffrey D. Price Jeffrey C. Robinson Steven Sasser David P. Shepherd A. Jackson Sperling Cleophus Thomas, Jr. Stacey D. Price Lisa C. Robinson Holly L. Sawyer Henry F. Sherrod, III James B. Sprayberry Stacey L. Thomas Melissa A. Prickett Mindi C. Robinson J. E. Sawyer, Jr. Amy J. Shields Stephen F. Springfield Steven A. Thomas H. Samuel Prim, III Robert G. Robison J. P. Sawyer Kenneth J. Shinbaum Alyce Manley Spruell Whit A. Thomas Lorraine W. Pringle Riley W. Roby William P. Sawyer William E. Shinn, Jr. Charles A. Stakely, Jr. M. Elaine A. Thomaston Joseph W. Propst, II Karen S. Rodgers Yvonne A. H. Saxon Griffin M. Shirley Patsy F. Standerfer H. Jerome Thompson William F. Prosch, Jr. P. Monica E. Rodgers Tommy R. Scarborough Leon Merrill Shirley Shelly H. Standridge Jan Garrison Thompson James D. Pruett Angie R. Rogers Vincent J. Schillieci, III Candice J. Shockley Gary Stanko Katie B. Thompson

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Philip A. Thompson Nancy P. Vernon Justice for all is more than Vincent Adams Mavanee R. Bear Seth B. Thompson Karen A. Vest Adedapo T. Agboola Michael K. Beard Jerry L. Thornton Chenoa S. B. Vick just a cliché. It is a time- Monica Y. Agee Robin Beardsley Mark Shelly Thornton Gerald J. Vick, Jr. honored ideal to which all Janell M. Ahnert Lois R. Beasley-Carlisle Thomas E. Thrash J. E. Vickers, III Craig A. Alexander Kevin W. Beatty J. Clay Tinney Jonathan K. Vickers lawyers and all Americans Roger Alexander Elizabeth G. Beaube Donald G. Tipper Eric M. Wade Kathy-Ann Alexis Rolla E. Beck, III Cecil Tipton, Jr. Brett L. Wadsworth aspire. By volunteering Andrew C. Allen Jennifer M. Bedsole R. Brian Tipton Royce G. Wadsworth your time and skill to Bibb Allen Mary Colleen Beers Vicky U. Toles William B. Wadsworth Charles W. Allen Heather M. Bellew Jacquelyn D. Tomlinson Susan S. Wagner provide legal services to Elbert S. Allen Keith T. Belt, Jr. John E. Tomlinson Dale Rouse Waid those who cannot normally Richard David Allen, Jr. Jay Robert Bender Jennifer J. Tompkins P. Dean Waite, Jr. Mitchell G. Allen Steven A. Benefield Matthew Q. Tompkins George H. Wakefield, Jr. obtain them, you are Roger C. Allen Rebecca L. Bennefield Terri O. Tompkins J. Kevin Walding making a significant Russell Q. Allison Jeffrey W. Bennitt Rachelle E. Toomey Byron Waldrop Stephen S. Allums Robyn B. Bennitt C. Clay Torbert, III Richard Waldrop contribution toward Marcus Clay Alspaugh Julia G. Bernstein Josh E. Torres Angela L. Walker Steven D. Altmann Yvonne Beshany John M. Totten J. Dorman Walker, Jr. making that ideal a reality. LaBella S. Alvis John D. Bethay, III Stephen J. Townes James D. Walker Keith S. Anderson Kathryn L. Bettis Tyrone Townsend Joe Walker Kwenita C. Anderson Michael E. Bevers Edward F. Tracy Marion F. Walker Earnest R. White Robert W. Wolfe Wade S. Anderson William G. Biddle Mark Allen Treadwell, III William W. Walker, Jr. Freddie White Mickey Womble Donald Keith Andress Tyria W. Biggers Jere C. Trent Sara C. Wallace J. Bennett White O. Fred Wood Bryan Andrews Ellis D. Bingham, III David W. Trottier Twala G. Wallace Jeffrey A. White Allen G. Woodard Haley Andrews- Cox Joseph S. Bird, III Albert J. Trousdale, II Robert W. Waller, Jr. Michael L. White Tom B. Woodard, IV Jeremy Applebaum Stephen F. Black Heath F. Trousdale W. Christopher Waller, Jr. James C. Whitfield Harold E. Woodman Virginia Applebaum Calvin Weis Blackburn, III William J. Trussell James N. Walter, Jr. James D. Whitmire Chad E. Woodruff Edward Hayes Arendall Ulyesa Blackmon J. Glynn Tubb George P. Walthall, Jr. Richard W. Whittaker Shuntavia W. Woods Allan L. Armstrong Renee Blackmon-Hagler Jessica V. Tubbs Frank S. Ward Randy D. Whitten E. Frank Woodson, Jr. Nicholas W. Armstrong Duncan B. Blair Michael D. Tucker Navan Ward, Jr. Joseph E. Whittington Brandon J. Wooten Stephen R. Arnold William S. Blair Robert A. Tufts Raymond E. Ward Kenneth R. Widner Don Word Robert A. Arnwine Jr. Vaughn Blalock Jay S. Tuley Robert C. Ward, Jr. G. Stephen Wiggins Thomas F. Worthy M. Jason Asbell Brandon L. Blankenship Scarlette M. Tuley William A. Ward Sam E. Wiggins Chandra C. Wright Suzanne Ashe M. Stanford Blanton Gina M. Tur-South William B. Ware Derry Olive Wilcox Douglas Wright Leon Ashford Vickie Blessman Douglas B. Turnbull Dan T. Warnes David J. Wilder Fredrick M. Wright Warren Michael Atchison Andrew Block Brian D. Turner Charles E. Warren, Jr. William R. Willard, Jr. J. Curtis Wright Lynn Baxley Ault Rebecca Block E. Tatum Turner Joseph W. Warren Christopher J. Williams James L. Wright Christopher J. Avery Brian M. Blythe Halron W. Turner Katrina Washington Gayle N. Williams Kenneth E. Wright, Jr. Kellie S. Avery-Tubb John N. Bolus James D. Turner Nathan G. Watkins, Jr. Greg M. Williams Richard A. Wright Nolan E. Awbrey Christoffer P. Bolvig, III Mark B. Turner Paula W. Watkins J. Reed Williams Wade K. Wright Marc J. Ayers Nancy D. Bolyard Mary A. Turner Bradley J. Watson James E. Williams Marion E. Wynne, Jr. Donald R. Babineaux Mark W. Bond Robert H. Turner, Jr. Jordan D. Watson Jesse M. Williams Neal A. Yancey Thomas E. Baddley Elizabeth Bone Wayne P. Turner W. N. Watson Lee B. Williams Alex A. Yarbrough Harmahinder S. Bagga Roxana L. Bone Charles T. Turnipseed Gregory L. Watt Rick E. Williams, III Alex Andrew Yarbrough Mark Bahakel William Booker James R. Turnipseed Latanisha Watters Ronald D. Williams Joe H. Yates Chandler Bailey, III Charles H. Booth, Jr. Deena R. Tyler John G. Watts Stephen W. Williams Tamula R. Yelling Adrienne A. Bain Mary L. Booth Philip O. Tyler Kenneth E. Watts Ted L. Williams, Jr. Christy L. Young John S. Baker, IV Gray M. Borden Fred W. Tyson Gary L. Weaver Trina Sanders Williams Larry Young, Jr. Erica Baldwin Lisa W. Borden John H. Ufford, II A. Wilson Webb Wayne L. Williams Shemireyah Young Helen D. Ball Bradford W. Botes Arnold Umbach, Jr. C. Rena Webb Davis A. Williamson Tiara S. Young-Hudson Michael S. Ballard Nicholas O. Bouler, III Earl P. Underwood, Jr. R. Hays Webb J. McGowin Williamson Jim W. Zeigler Patrick J. Ballard Matthew W. Bowden William J. Underwood Rachel L. Webber Ben C. Wilson David B. Zimmerman Rodney F. Barganier Karen O. Bowdre Robert G. Upchurch Andrea L. Weed Clinton L. Wilson Glenn D. Zimmerman Rodrick J. Barge William M. Bowen, Jr. Stacy L. Upton Pamela B. Weed E. Ham Wilson, Jr. Edward I. Zwilling Leslie R. Barineau Deloris M. Boykin Everett M. Urech Leslie Gail Weeks Jenny R. Wilson Laurita T. Barnes Haley Bozeman Tyler C. Vail Bobbi J. Weeks-Wilson Robert Wilson, Jr. Wiliam G. Barnes Rebecca S. Bozeman BIRMINGHAM Edwin Van Dall, Jr. Kyle D. Weidman Shannon L. Barnhill Michael C. Bradley Robert G. Wilson VOLUNTEER LAWYERS C. Gibson Vance Martin E. Weinberg Tommie Jean Wilson PROGRAM Ronald Bruce Barze, Jr. Gordon J. Brady, III Stewart E. Vance Jonathan M. Welch Ellen C. Wingenter John M. Aaron Mary Lynn Bates C. H. Brantley Nathan C. VanDerVeer Stephen S. Weldon Debra Bennett Winston Scott A. Abney Mary-Ellen Bates Marcie P. Braswell Tyler D. Vann Helen C. Wells Irving M. Winter John E. Acres Laveeda Morgan Battle Bryan K. Breland Robert J. Varley Milton J. Westry A. Kelli Wise Cassandra W. Adams Robert E. Battle Albert P. Brewer Barry D. Vaughn Ashley G. White April D. Wise Oscar W. Adams, III John A. Baty Rita Briles David P. Vaughn Barry A. White Brandon C. Wise Robert H. Adams Robert R. Baugh Thomas H. Brinkley Michael A. Vercher Brian M. White Chereka L. Witherspoon Robin A. Adams Kimberly M. Bawgus I. Ripon Britton, Jr.

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Brian P. Brock Matthew F. Carroll Stephanie M. Crenshaw Hallman B. Eady Lucas B. Gambino Don Hankins Richard Brock Monica L. Carroll Wendy B. Crew Melody H. Eagan Clair M. Gammill Chad Hanson Steven M. Brom Phillip J. Carroll, III C. Taylor Crockett Edmond D. Earle Robert T. Gardner Edward L. Hardin, Jr. C. Clayton Bromberg, Jr. Donald C. Carson Jonathan S. Cross Valrey W. Early Tenley E. Garvich Laura Hardin William H. Brooks Kay Cason Charles R. Crowder Cameron Earnhardt Anthony G. George Harold E. Hargrave, II William L. Bross Charles P. Cavender Judson E. Crump John A. Earnhardt Charles R. Germany Lorrie L. Hargrove Audrey E. Brown Rhonda R. Caviedes Felecia D. Cunningham Robert D. Eckinger Beth H. Gerwin Christopher B. Harmon Courtney B. Brown Douglas J. Centeno Gregory S. Curran Jason Edwards James W. Gibson Hoyt G. Harp E. T. Brown, Jr. Laura G. Chain Richard A. Cusick Kathryn Eldridge Mark M. Gibson James D. Harper Hayes D. Brown, II Carl E. Chamblee, Jr. Henry C. Dailey, Jr. William L. Elebash Tracey D. Gibson Daniel E. Harrell Houston L. Brown David B. Champlin John G. Dana W. A. Ellis, III Leatha K. Gilbert Miriam G. Harris Scott S. Brown Audrey R. Channell Roy L. Dancybey Mark H. Elovitz Wesley B. Gilchrist Donald M. Harrison, III Stephen E. Brown Cheryl D. Chapman Walter E. Daniels, Jr. Omobolanle Ene-Korubo James R. Gillis C. Meade Hartfield Whitney R. Brown C. Cathy Chatawanich John P. Darby Alan F. Enslen Enrique J. Gimenez Cydney L. Harwood Charles B. Browning Pooja Chawla George N. Davies Joel S. Erdberg Stan Glasscox Danita T. Haskins Brannon J. Buck Myla Choy Brent W. Davis Michael D. Ermert Dennis E. Goldasich, Jr. Monica Hatcher Thomas W. H. Buck James S. Christie, Jr. Charity Davis Rebecca C. Eubanks Cassandra G. Golden Gregory H. Hawley Pamela H. Bucy Al Ciovacco J. Mason Davis, Jr. Jesse P. Evans, III Benjamin S. Goldman Robert J. Hayes Joan M. Budd John W. Clark, IV Kelvin L. Davis Edward J. Everitt Stephen J. Goldstein Susan S. Hayes Stephen J. Bumgarner Kevin E. Clark Paige M. Davis Brooke A. Everley J. Jeff Goodman Alicia K. Haynes Kris D. Burbank Thomas C. Clark, III Peter J. Davis John C. Falkenberry Rachel L. Goodson James M. Haynes, Jr. Frank T. Burge William N. Clark Shayana B. Davis David L. Faulkner, Jr. Maura R. Goodwyn Kenneth Haynes S. Greg Burge Jackie D. Clark-Hellinger Summer A. Davis Joseph A. Fawal Stevan K. Goozee Wallis Haynes Daniel L. Burgess Neil R. Clement Will Davis Cherie D. Feenker Scott W. Gosnell Walter Heglar, Jr. Warren H. Burke, Jr. Holly J. Clemente William A. Davis, III Daniel A. Feig James L. Goyer, III Frances Heidt Carl S. Burkhalter Michael J. Clemmer William M Dawson, Jr. Daniel B. Feldman Michael G. Graffeo Jack E. Held Charles A. Burkhart Addine M. Clemon William L. Deas James E. Ferguson, III Roderick D. Graham Elizabeth J. Hemby Russell K. Burnette U. W. Clemon Marcel L. Debruge G. Rick Fernambucq Jeffrey M. Grantham Hugh C. Henderson Diandra Burnley William Clemon Thomas G. DeLawrence W. B. Fernambucq John P. Graves Kathleen G. Henderson Cynthia G. Burnside Brian M. Cloud Paul J. DeMarco Vernon W. Fernandez Robin H. Graves Stephen D. Heninger Robin L. Burrell Steven L. Cochrun Damon P. Denney Stanley E. Field Marchello D. Gray Karen M. Hennecy John H. Burton, Jr. Donald L. Colee Ann S. Derzis William S. Fishburne, III Bryan A. Grayson G. Steven Henry Bruce A. Burttram Steve Coleman Sandra M. Dettling Deborah P. Fisher A. Christine Green Kristin K. Henson Jennifer M. Busby Charles C. Collier Nancy M. DeVaney Linda Fiveash Brendette Brown Green Kenric Wood Herren Arnold Bush, Jr. Katherine A. Collier Patricia Diak Juliet Fleming Wilson F. Green Tosca Hieftje Jason R. Bushby Kathleen A. Collier Michael A. Dillard, Jr. Suzanne A. Fleming Charles T. Greene Todd M. Higey Kathryn J. Bushby John D. Collins Timothy L. Dillard W. M. Bains Fleming, III Timothy W. Gregg L. F. Hilbers Heather Bussey P. Ted Colquitt Carney H. Dobbs Linda G. Flippo Mitchell D. Greggs Tom Hiley James R. Bussian Adam R. Colvin Tammy Dobbs Willie Florence, Sr. Celeste Crowe Grenier Angela J. Hill Michelle N. Butler Gerald D. Colvin, Jr. Shawanna Dobson Charles A. Flowers, III John E. Grenier Chevene Hill Thomas J. Butler Brian Keith Combs Melissa L. Doggett Shannon D. Floyd Carrie Griffin Lisa Jo Hill David F. Byers, Jr. Patricia A. Comer David P. Donahue Kira Y. Fonteneau Matthew W. Grill Eric D. Hoaglund William C. Byrd, II Mike Conley Brent W. Dorner Matt Ford Charles T. Grimes Milton D. Hobbs, Jr. Matthew M. Cahill Glen Marshall Connor Luther M. Dorr, Jr. William T. Fortune, Jr. Janice Pierce Groce Cameron L. Hogan Bradley J. Cain Shannon N. Connor Matthew J. Dougherty Alan L. Foster Jessica S. Grover Joshua G. Holden Kenneth R. Cain, Jr. W. W. Conwell Gayle L. Douglas Arnita Brown Foster Mark E. Gualano Daisy M. Holder Rocco Calamusa, Jr. Gregory C. Cook Michael J. Douglas Greg W. Foster James B. Gunther, Jr. Timothy Holderfer Julie K. Callaway Martha R. Cook Minerva C. Dowben Stephen Fowler Eric L. Guster Brett H. Hollett Jimmy R. Calvert Timothy P. Cook Augusta S. Dowd Karen W. Fox Shelbie Guthery Lee M. Hollis Angela C. Cameron Christina Cooley Carl K. Dowdey, III Samuel H. Franklin Larry Lee Guthrie, Jr. Jeffrey E. Holmes Robert J. Camp Benjamin H. Cooper Christie L. Dowling Victoria J. Franklin-Sisson William P. Hahn Edward M. Holt Colin A. Campbell Ivan B. Cooper Bernard B. Downs, Jr. Richard Frankowski William B. Hairston, III Kimberly A. Homer J. Russell Campbell Lawrence Cooper Helen K. Downs John R. Frawley, Jr. John W. Haley Marlin B. Hood Mary Lynn Campisi N. Lee Cooper Russell Jackson Drake Glenda D. Freeman Darwana Hall Rhonda Hood Holly E. Caraway Patrick N. Cooper Jessica K. Drennan Michael D. Freeman Jane G. Hall Peggy C. Hooker Jennifer B. Caraway Robert E. Cooper Mark L. Drew William J. Freeman John C. Hall, III Sanford G. Hooper Nicholas A. Carlisle Thomas L. Coppedge Khristi D. Driver Michael B. French Jack J. Hall, Jr. James A. Hoover Terry L. Carlisle Phillip D. Corley, Jr. Christopher R. Duck Douglas I. Friedman Linda Hall Jessica Hoppe Richard P. Carmody Christopher P. Couch Cecil G. Duffee, III Jessica M. Friedman Scott R. Haller Francoise Horn John T. Carney, Jr. Benjamin B. Coulter John P. Dulin, Jr. Karl B. Friedman Ginger W. Hamilton Anne Hornsby James W. Carpenter Pamela Wilson Cousins Carolyn L. Duncan Peter S. Fruin Lindsay B. Hamilton Richard Horsley Clay R. Carr Ginamarie B. Cox W. Casey Duncan Anna B. Fry Todd N. Hamilton Edward A. Hosp Danny Carr James T. Coyle C. Burton Dunn, Jr. Charles Fry William E. Hamilton Kaye K. Houser James T. Carr Jacob W. Crawford Jamie K. Durrett Leah Fuller Leigh H. Hancock Calvin M. Howard Ginger L. Carroll Kathryn S. Crawford Thomas E. Dutton Floyd D. Gaines Robert D. Hancock Charles L. Howard, III J. Shea Carroll Diane E. Crawley Tiffany J. deGruy Keith Galligan Shelbie G. Hankey Kelvin W. Howard

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Sybil Corley Howell M. Christian King This honor roll reflects William E. Mitch J. Edmund Odum, Jr. David L. Hubbard William H. King, III Anne W. Mitchell Richard F. Ogle David W. Huddleston Robert E. Kirby, Jr. our efforts to gather the Christopher M. Mitchell Thomas L. Oliver, II Miles Huffstutler Kelly R. Knight names of those who par- James L. Mitchell Jason M. Osborn A. Scott Hughes Sammye O. Kok Melina Mizel-Goldfarb Justin Otwell Timothy A. Hughes Karen G. Kolaczek ticipate in organized pro James R. Moncus, III David F. Ovson James F. Hughey, III Jack Kowalski James R. Moncus, Jr. Richard R. Owens Robert B. Huie Robert R. Kracke bono programs. If we Bonnie B. Monroe James F. Ozment Scott Humphrey Debra J. Krotzer have omitted any names Deborah Montgomery Marcie E. Paduda Chuck Hunter Jessica F. Kubat Hunter M. Montgomery Lewis W. Page, Jr. Elizabeth H. Huntley Virginia G. Lacy of attorneys who partici- Bethany W. Moore Jennifer Leah Paker Shannon D. Hutchings Rachel Dana Lafleur Carolynn H. Moore Dennis G. Pantazis Anthony Ifediba Kerry A. Lahey pate in an organized pro Casey G. Moore Phyllis Paramore Janna L. Ifshin Jayna P. Lamar bono program, please Cathy Moore Beverly D. Paris Douglas W. Ingram Cynthia Lamar-Hart Glen C. Moore Angela Parker J. Fredric Ingram Angelina M. Lamkin send that information to Jamie Moore Ashaunti P. Parker Robert B. Irby Robert Lamkin the Alabama State Bar Patricia N. Moore Jeffrey W. Parmer Russell L. Irby, III John M. Laney, Jr. Mac M. Moorer Warren M. Parrino Glenn E. Ireland J. Earl Langner Volunteer Lawyers Robert E. Moorer Nyya C. Parson-Hudson H. C. Ireland, III John T. Lanier Joe W. Morgan, Jr. Bruce A. Parsons Stacie Irwin Bradley W. Lard Program. P. O. Box 671, John G. Morrison, II Gladys A. Partin Joel S. Isenberg Kristen A. Larremore Montgomery 36101. Mariellen Morrison Jon H. Patterson Chervis Isom Lyle D. Larson Scott T. Morro R. Eric Patterson K. Stephen Jackson Sarah Y. Larson Randall H. Morrow James M. Patton Marshell R. Jackson Rachel M. Lary William H. Morrow Kevin W. Patton Sarah B. Jackson Nicholas C. Laster M. Todd Lowther John A. McBrayer Wayne Morse, Jr. Martha Jane Patton Stephen C. Jackson Kay Laumer William Lucas, Jr. Charles A. McCallum, III Carla V. Morton Chandra B. Payne Frank S. James, III Rejeana M. Lavender Nathan Lucas Phillip W. McCallum Anne R. Moses David T. Payne Alycia K. Jastrebski John R. Lavette Angela L. Luckett Terrence W. McCarthy Charles H. Moses, III Joshua K. Payne Carthenia W. Jefferson Teri E. Lavette Timothy M. Lupinacci Kim McClain Clifton C. Mosteller Amy L. Peake Marvis Jenkins David Lawson George G. Lynn Terri D. McClung Mitchell S. Mudano Gary Pears Norman Jetmundsen, Jr. Matthew A. Laymon Debra L. Mackey Gregg M. McCormick Eugenia H. Mullins Ted Pearson Jana Jobes Joe L. Leak Mark W. Macoy Colleen E. McCullough Robert A. Mullins, Jr. Thomas Pearson Karen B. Johns Stephen P. Leara Donna Britt Madison Sondra K. McDaniel Michael D. Mulvaney Adam K. Peck Malcolm Johnsey, Jr. Anna G. Lee Robin A. Mahan Regina H. McDonald David H. Murphree Candace B. Peeples Walter F. Johnsey Brandy M. Lee G. R. Mahmood Laurence J. McDuff John L. Murphree Melinda L. Peevy Carl Johnson, Jr. Gary W. Lee Thomas J. Mahoney, Jr. John H. McElheny Grace R. Murphy J. Carin Pendergraft David W. Johnson Linda Lehe Brooke G. Malcom Thomas M. McElroy, II Amy K. Myers Henry L. Penick Jennifer H. Johnson Rocco J. Leo Greer B. Mallette F. Hampton McFadden, Jr. William R. Myers Cynthia Perdue Joe Johnson, Jr. Thomas B. Leonard, III Patricia T. Mandt Jodi L. McKelvin Wilson Myers C. Jackson Perkins Levather Johnson James B. Leonardi J. Brannon Maner Michael L. McKerley Drayton Nabers, Jr. Henry L. Perry Margaret R. Johnson Kathryn A. Lepper Duncan Y. Manley John P. McKleroy, Jr. James P. Naftel Drew W. Peterson Alexander W. Jones, Jr. C. Saint Lewis Reid S. Manley David McKnight C. Tommy Nail Alane Adcox Phillips Elizabeth R. Jones Jon Lewis Ted L. Mann Glory McLaughlin Patrick K. Nakamura Byron W. Phillips, Jr. Haskins Jones William R. Lewis Kemberli L. Marks Jim G. McLaughlin George M. Neal, Jr. Stephen D. Phillips Jessica L. Jones Lisha X. Li Alexander J. Marshall, III Frank D. McPhillips Kip A. Nesmith Wesley L. Phillips Loring S. Jones, III, Robert Lichenstein, Jr. Hope S. Marshall Carey Bennett McRae Laura C. Nettles William M. Phillips, Jr. Marcus A. Jones, III James F. Liddon, III Luke D. Martin Douglas L. McWhorter Susan S. Nettles Anthony J. Piazza Pamela Jones Warren B. Lightfoot Pamela C. Massey Summer L. McWhorter Yoland Nevett-Johnson Deborah A. Pickens Robert A. Jones, Jr. Warren Lightfoot, Jr. Joseph W. Mathews, Jr. John E. Medaris Neal C. Newell Lori L. Pickett Robin H. Jones Curtis O. Liles, III Alan D. Mathis Richard A. Meelheim Edwin B. Nichols Sean C. Pierce William D. Jones, III Paul A. Liles William L. Mathis, Jr. Hope D. Mehlman Randall W. Nichols Charles Pinckney Lucy W. Jordan Thomas M. Little Warren C. Matthews G. Allen Meighen, Jr. Christopher J. Nicholson Rachel H. Pinson Michael C. Jordan John H. Livingston Emory K. Mauldin Kristin Bryance Metheny Amy Niesen J. Clinton Pittman Nikaa B. Jordan Lorrie L. Lizak Jeffrey P. Mauro Robert G. Methvin, Jr. Andrew S. Nix Michael A. Poll Joe Joseph James S. Lloyd Kelli H. Mauro Davis Middlemas James L. Noles, Jr. Denise J. Pomeroy Joyce Kate Baker William B. Lloyd, Jr. Gerald Maxwell Eric Miles John E. Norris James M. Pool Kristofor W. Kavanaugh Catherine C. Long Alaric O. May Carole G. Miller Robert M. Norris Joel C. Porter Richard Keller Don Boyden Long, Jr. Cynthianther L. May Cellie W. Miller William R. North Maibeth J. Porter Robert C. Keller James E. Long, Jr. Edward E. May, II Gerald L. Miller Tonita R. Northington Anthony C. Portera Stewart A. Kelly William J. Long, IV William R. May Jennifer M. Miller Barbara R. O’Cain Andrew J. Potts Gregory A. Kennemer William L. Longshore, III Bradley C. Mayhew Tracy T. Miller Christy O’Callaghan James A. Potts, II Douglas L. Key Charles J. Lorant John Mayo Derrick A. Mills D. Brian O’Dell J. Bradley Powell R. Allen Kilgore Jeremy B. Love Susan G. McAlister William H. Mills Madison W. O’Kelley, Jr. Jerry W. Powell Cavender C. Kimble J. Kris Lowry Walter F. McArdle Sean T. Mims M. Beth O’Neill Kimberly Till Powell Jennifer B. Kimble John G. Lowther Daniel McBrayer Matthew C. Minner Michael B. Odom Rolessa L. Powell

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Harlan I. Prater, IV Alan T. Rogers James T. Smith Robert W. Tapscott, Jr. Carrie P. Walthall Leslie A .Wright Macia W. Pratt Douglas Rogers Jane Creekmore Smith Christy M. Taul Hardwick C. Walthall Peter M. Wright Honza F. J. Prchal W. K. Rogers, Jr. Jennifer A. Smith Jarred O. Taylor, II June Wang Terrell Wynn Charles Price, II Elizabeth A. Roland Jennifer R. Smith Jo A. Taylor Dafina Cooper Ward Michael Yancey D. Mark Price Nicole F. Romano Kathleen S. Smith Katherine L. Taylor David H. Ward Sarah Yates Emily Price J. William Rose, Jr. Paul G. Smith Mary Allison Taylor James S. Ward Suzanne O. Yayman Robertetta Priest LaWanda Diane Ross Richard E. Smith Gerald A. Templeton Gordon H. Warren Christopher L. Yeilding James L. Priester Bradley B. Rounsaville Robert McDavid Smith James Terrell Laura P. Washburn Ralph H. Yeilding William S. Pritchard, III Steve Rowe Rusha C. Smith Thomas W. Thagard, III Jacqueline B. Washington Christy L. Young David W. Proctor Richard W. Rowell Tammy M. Smith Ashley Thomas Katrina Washington Larry Young, Jr. Laura Ellison Proctor Sigfredo Rubio Thomas S. Smith Robert Lee Thomas Lisa J. Wathey Tiara S. Young Leslie M. Proll N. John Rudd, Jr. W. Gregory Smith James J. Thompson, Jr. Ashley E. Watkins Lee H. Zell Carranza M. Pryor Frank J. Russo W. Wheeler Smith John G. Thompson Cynthia D. Watson Shaun Pryor Clayton M. Ryan William E. Smith Jack R. Thompson, Jr. Jordan D. Watson MADISON COUNTY Stephen K. Pudner Alyson L. Saad William F. Smith, II Ronald F. Thompson Leila H. Watson VOLUNTEER LAWYERS Bennett L. Pugh James G. Saad William W. Smith M. Kate Thornton Teresa B. Watson PROGRAM Kathryn O. Pugh Mark W. Sabel Jacqueline C. Smoke Thomas E. Thrash Susan J. Watterson Barry Abston Graham R. Pulvere Micah E. Salsman David S. Snoddy Dana Thrasher John G. Watts Angela Ary Randall D. Quarles S. Shay Samples Kimberly J. Snow W. Lee Thuston William Waudby Eric Adams Frances King Quick Charles V. Sams John S. Somerset Marshall Timberlake Katharine A. Weber Joseph Aiello Michael C. Quillen D. M. Samsil John Q. Somerville Mark E. Tindal Andrea L. Weed Daniel Aldridge Charles M. Quinn J. Michael Savage Joseph Somma Jason B. Tingle Belinda Weldon Amy Alexander Derek Quinn Matt Paul Scalici William C. Spaht Ayn Traylor-Sadberry Julia J. Weller John Allen W. Larkin Radney, IV Gary S. Schiff Paul Spain Mark Allen Treadwell, III H. Thomas Wells, Jr. John Wesley Atkinson India Ramey Vincent J. Schilleci, III Herbert B. Sparks, Jr. Rachel Brothers Tripp John Welsh William Avant Rolando Rankin David Chip Schwartz J. Callen Sparrow J. Alan Truitt Leonard Wertheimer, III Chad Ayres Charles Ratcliff David L. Scott Brian Spellen Jacob M. Tubbs Jonathan S. Wesson Douglas Bachuss William A. Ratliff Romaine S. Scott, III Susan T. Spence Darrell C. Tucker, II Linda West John Baggette Bruce A. Rawls Gary Seale Clifford M. Spencer, Jr. Jerome Tucker Anita B. Westberry Robert Bailey James P. Rea Vanessa Searight Robert H. Sprain, Jr. Minnie L. Tunstall James H. Wettermark Walter Baker Robert D. Reese W. James Sears David Spurlock Brian D. Turner, Jr. Joe Whatley, Jr. Caleb Ballew C. Lee Reeves Thomas L. Selden Stephen W. Stallcup Michael E. Turner John F. Whitaker Page Banks Katherine E. Reeves Sara J. Senesac Jim Stanley Anita Terry Tye G. Gregory White Travis Bartee Ramsey K. Reich Kirby Sevier William Stancil Starnes Ahrian D. Tyler James H. White, IV J. Brent Beal Gregory J. Reid J. Banks Sewell, III P. Russell Steen L. Griffin Tyndall Jere F. White, Jr. Rebekah Beal Sally S. Reilly Stephen L. Sexton Amelia K. Steindorff Arnold W. Umbach, III John M. White Vicki Bell Edward S. Reisinger Michael M. Shabani J. Matt Stephens David O. Upshaw Bryant A. Whitmire, Jr. Chad Black Sandra B. Reiss Jacquelyn S. Shaia Mark A. Stephens William Kent Upshaw John P. Whittington J. Mark Bledsoe J. Massey Relfe, Jr. Jackson R. Sharman, III Patricia R. Stephens Abigail P. Van Alstyne Gregory O. Wiggins David Black Edward E. Reynolds J. Martin Sheffield Cynthia Stephenson Aldos L. Vance Denise P. Wiginton James K. Brabston Lynn Reynolds Michael S. Sheier James L. Stewart Rachel VanNortwick Donald F. Wiginton Norman Bradley, Jr. Gregory P. Rhodes Carolyn Rankins Shields Marvin L. Stewart, Jr. William C. Veal Derry O. Wilcox Larry W. Brantley Wade Richardson Lauren H. Shine Walker S. Stewart Traci O. Vella David T. Wiley Charles H. Brasher, Jr. Dagmar W. Rick J. Suzanne Shinn William B. Stewart Michael A. Vercher Amelia K. Williams Pamela Briggs F. Brady Rigdon Wynn Shuford W. Edward Still Jon Vickers Christopher J. Williams J. Allen Brinkley Nefertari S. Rigsby Adam J. Sigman J. Dawn Stith Jesse S. Vogtle, Jr. Leotis Williams Charles Brinkley Kenneth E. Riley Michael Silberman Edward S. Stoffregen, III J. Scott Vowell Paul C. Williams John Brinkley Brian J. Ritchey Wilbur G. Silberman Herbert W. Stone Michael Wade S. Douglas Williams, Jr. Heath Brooks Ferris S. Ritchey, III Cheryl W. Simonetti Sandra H. Storm Lauren E. Wagner T. Craig Williams Taylor Brooks George M. Ritchey Henry E. Simpson Garrick L. Stotser Susan S. Wagner Doris Williford Nancy Brower John T. Ritondo, Jr. James E. Simpson Charlene I. Stovall William M. Wagnon, Jr. E. B. Harrison Willis Loye Buck Christian E. Roberson Fern Singer Fallany Stover Brian A. Wahl David M. Wilson John Burbach Jerry Roberson Traci Slaton Jason A. Stoves Cary Tynes Wahlheim Kenneth Joe Wilson, Jr. Graham Burgess James S. Roberts, Jr. Marjorie P. Slaughter C. Mark Strength William B. Wahlheim Natasha L. Wilson L. Justin Burney Stuart D. Roberts Byron B. Slawson E. Arsel Strickland, Jr. Brian R. Walding Jeff Windham Clint W. Butler Ann C. Robertson Clarence M. Small, Jr. Christine R. Strong W. Ronald Waldrop Harlan F. Winn, III Shelly Byers Ruth Robertson Phil K. Smartt, III Henry W. Strong, Jr. Deborah Byrd Walker Donald F. Winningham, III Cheri Campbell Ryan Patrick Robichaux Melissa Evans Smiley T. Stuckenschneider Henry J. Walker, Jr. Buddy Wise David J. Canupp Brandon N. Robinson John W. Smith T Amy Lynn Stuedeman Marion F. Walker Chereka L. Witherspoon Clem Cartron Gerri W. Robinson Alfred F. Smith James A. Sturdivant Michael F. Walker Miriam Witherspoon Patrick Caver Kenneth J. Robinson Carol Ann Smith Eugene P. Stutts Valeria F. Walker Stephanie K. Womack Allison Chandler Lisa C. Robinson Cynthia P. Smith John W. Sudderth Alison Wallace J. Fred Wood, Jr. Annary Aytch Cheatham Reginald Robinson Daniel B. Smith Jeremy P. Summers Michael B. Walls Jordan Wood Richard Chestnut Ruth Robinson David M. Smith Sidney C. Summey, Jr. James F. Walsh Lisa L. Woods Amanda L. Chrisley Robert Roden Gary C. Smith William R. Sylvester Stephen A. Walsh William T. Worthy Brian Clark William H. Roe J. Houston Smith, III John B. Tally, Jr. David Walston Fredrick M. Wright Joseph M. Cloud

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Linda Coats Mike Huff J. Clark Pendergrass David Wilson Thomas R. Boller Robert E. Clute, Jr. John P. Coble Sandra Childress Hughes Jennifer Penfield Stephanie M. Wilson R. Preston Bolt, Jr. Harwell E. Coale, III Casey Cogburn Claude Hundley, III Randall B. Perry Mike Wisner Ashley B. Bonner Harwell E. Coale, Jr. Corrie Collins Nakim Hundley Troy Blakney Pierce R. Wayne Wolfe C. Britton Bonner Wanda J. Cochran Chris Comer Kourtney Ikard Charles Pitman Tonya N. Woods William E. Bonner F. Luke Coley, Jr. Rochelle A. Conley Jeff Irby Valerie Plante Christopher M. Wooten Kate Bonnici Danny J. Collier, Jr. Susan Conlon Mari Irwin Rhonda Plumlee David E. Worley John Wayne Boone Allison L. Collins Joseph Conwell Laura D. Jacobs David Points Milton Yarbrough Knox Boteler Celia J. Collins Maureen Cooper Amber Yerkey James Richard Raleigh Lisa Young Jason C. Botop Gregory S. Combs Amy S. Creech Joel Jaqubino Sreekanth B. Ravi Emily Zickefoose Edward G. Bowron Bryan Comer Tim Cummins Ben Jarrell Rob Rawlinson Kathleen Zimmerman Marc E. Bradley L. Hunter Compton, Jr. Elizabeth Cvetetic Corey Jenkins Angela Rawls Kasie M. Braswell David S. Conrad Andrew Dalins Carolyn Johnson Charles Ray MOBILE BAR VOLUNTEER Henry H. Brewster Walter M. Cook, Jr. Anita Damian Emily Jones Holly Ray-Kirby LAWYERS PROGRAM Donald M. Briskman Angela M. Cooper Larry Daniel Daniel Kaufmann Matthew B. Reeves Carvine Adams S. Joshua Briskman Lisa Darnley Cooper Adam Dauro Laurie Kellogg Brian Richardson Christina N. Adcock Britten Britt Richard E. Corrigan Joan-Marie Kettell Dean Kimberly Kelley Breck Robinson Geoffrey D. Alexander W. Benjamin Broadwater Keri R. Coumanis John Mark Debro Walter Kelly Robert Rodgers R. Alan Alexander Carin D. Brock Braxton C. Counts, III Patty Demos Paul Killian S. Dagnal Rowe Helen J. Alford G. Porter Brock, Jr. J. P. Courtney, III Christina Dixon Joe King S. Dagnal Rowe, Jr. Tonny H. Algood James D. Brooks Andrew J. Crane Suzanne Dorsett Chris Kuffner Aaron Ryan Gary P. Alidor Kathryn M. Brooks J. Randall Crane Bennett Driggers Melani C. LaMar L. Thomas Ryan, Jr. Debra E. Almeida David P. Broome Robert J. Crane Matthew Thornton Dukes Patrick Lamar Bradley P. Ryder Joseph Altadonna Chad R. Brown Stephen G. Crawford Isabelle Eaton Donald Lambert Teresa Ryder J. Hodge Alves, III Douglas L. Brown Carrie V. Cromey Rachel Eidson Lee Leggett Dorothy Schmidt Donna S. Ames Joseph Allan Brown Jason Cromey Jay E. Emerson, Jr. Brenda Lewis Tammy Shamsie-McCabe Orrin K. Ames, III Paul D. Brown Eric Cromwell Earl Forbes Morris Lilienthal Leslie Sharpe Ferrell S. Anders Toby D. Brown Benjamin E. Crooker Brannon Ford Bill Line Kristy Shelton Douglas L. Anderson John P. Browning John T. Crowder Kimberly Ford Chris Lockwood Andrew Sieja Amy B. Andrews Gregory P. Bru A. Evans Crowe Christine Frieder Robert Lockwood Derek Simpson Tristan R. Armer Melvin W. Brunson Rudene B. Crowe Robert Gammons Wendy Lopez Tommy H. Siniard Gordon G. Armstrong, III Donald E. Brutkiewicz, Jr. John J. Crowley, Jr. Dale Gipson Bill Lunsford Kay Siniard Katherine B. Arnold John C. Brutkiewicz Blane H. Crutchfield Mickey J. Gentle William Marshall Amy Slayden G. Wayne Ashbee Neal A. Buchman Manley L. Cummins, III Connie L. Glass Larry Marsili Dwight Sloan Kristin T. Ashworth Gregory C. Buffalow William M. Cunningham, Jr. Ann Grace Clay Martin Chris Smith Grover Ernst Asmus, II Russell C. Buffkin James G. Curenton, Jr. Rebekah Lynn Graham Kim Martin Deanna S. Smith Daryl A. Atchison Lisa Bumpers Edwin J. Curran, Jr. Katie Granlund A. Mac Martinson George Smith James E. Atchison Peter F. Burns Dan S. Cushing Kevin Gray Doug Martinson, II Jeremy Smith Bruce L. Aune Nancy J. Busey M. Stephen Dampier Jonathan Grayson Abbey Mason Ronald Wayne Smith Brigg H. Austin Frederick Bussey Glenn L. Davidson Leah Green Ben McArthur Ron Smith Joseph P. H. Babington Carl N. Butler, Jr. Michael M. Davis Jim Gunther Robert H. McCaleb Justin South Mary M. Bailey M. Warren Butler Norman H. Davis, Jr. Ta’Kisha L. Guster Latasha McCrary Marcia St. Louis Melvin Lamar Bailey Ella Byrd Ronald P. Davis S. Revelle Gwyn David McCurry Ty Stafford Michael E. Ballard Henry H. Caddell Brent T. Day Jo Layne Hall Tim McFalls Jamie Stephens J. Daniel Barlar, Jr. David S. Cain, Jr. John M. Deakle Stephen H. Hall David McGehee Harold Stephens Eaton G. Barnard Jennifer Caldwell Edward A. Dean Kenneth D. Hampton Reta A. McKannan Mark Swanson David L. Barnett Henry A. Callaway, III T. Jefferson Deen, III Thomas F. Hayes Jeff McKinney Laurie Synco Joe E. Basenberg Ashley E. Cameron Mignon M. DeLashmet Joan M. Harris Rebekah McKinney Sarah Taggart D. A. Bass-Frazier Craig Campbell Margaret F. Demeranville James G. Harrison Tommy McMurtrie John Taylor Matthew J. Bauer Robert C. Campbell, III Daniel A. Dennis, IV Matthew R. Harrison Anna Meegan Shelly D. Thornton John G. Baylor, Jr. Kenneth Paul Carbo, Jr. Robert P. Denniston Kevin David Heard Chris Messervy Kenan Timberlake Stefany L. Bea Gant Lois Carney Scott E. Denson Mary Ena Heath Barbara C. Miller Carey Walker Robert A. Beckerle Jerome C. Carter Ross M. Diamond, III Nickolas R. Heatherly Christy Miller June Wang Paul T. Beckmann J. Gregory Carwie Annie J. Dike Gabrielle Helix Brian Monroe Frank Ward Billy C. Bedsole William J. Casey Charles H. Dodson, Jr. Tara L. Helms Bert Moore J. Andrew Watson, III Kim L. Bell K. W. Michael Chambers Carolyn M. Dohn Melissa Kelly Helton Elizabeth Moore Jake Watson John T. Bender Jeanna M. Chappell John W. Donald, Jr. Danny Henderson Harold Mooty, III Cynthia Webb Thomas H. Benton, Jr. William G. Chason William A. Donaldson Sarah Henson Chad A. Morgan Stephanie Werdehoff Russell E. Bergstrom Walter G. Chavers Richard T. Dorman James P. Hess Kevin M. Morris Joseph White Jaime W. Betbeze C.S. Chiepalich Mark A. Dowdy Rebecca Hill Richard Morris Joshua White Britt V. Bethea Nicholas Cillo Thomas P. Doyle Jeremiah Hodges Amy Nation Bree Wilborn Windy Cockrell Bitzer Jennifer P. Clark William M. Doyle Angela Holt Lauren Nowak Thomas Williams Darryl T. Blackmon Andrew C. Clausen Keith G. Drago David Holt Tina Ogle Gayle Williams Wesley H. Blacksher J. Calvin Clay Albert O. Drey Larry P. House Christopher Pankey Tyler Williams William Blanton Lisa Clayton B. Vaughan Drinkard, Jr. Mitchell Howie Dustin C. Paseur John Wilmer Edward C. Blount, Jr. William Clifford, III J. Michael Druhan, Jr. Marc Huff R. Lynn Pearson, Jr. Daniel Wilson Christina M. Bolin James Paul Clinton John S. Dugan

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Bryan G. Duhe’ Allen E. Graham David A. Horton R. Edwin Lamberth Marcus E. McDowell Thomas P. Ollinger, Jr. Cullan B. Duke Duane A. Graham J. Gordon House, Jr. James W. Lampkin, II Michael H. McDuffie Mary Elizabeth Olsen John T. Dukes Missty C. Gray Heather M. Houston William R. Lancaster Stova F. McFadden James H. Oppenheimer Barre C. Dumas Lori Grayson D. Kirby Howard, Jr. Johnny Lane William S. McFadden Juan Ortega J. Brian Duncan, Jr. William C. Grayson Stewart L. Howard Clay Lanham Katherine M. McGinley Guy C. Oswalt, III Douglas K. Dunning Jon A. Green Victor T. Hudson, II Alex F. Lankford, III Robert B. McGinley, Jr. Brian R. Overstreet Robert S. Edington J. David Greene Michael G. Huey Alex F. Lankford, IV W. Chris McGough Terrie Owens Grady R. Edmondson Theodore L. Greenspan David Michael Huggins Oliver J. Latour, Jr. Deborah D. McGowin Peter J. Palughi, Jr. Mark P. Eiland Irvin Grodsky W. Gregory Hughes Forrest S. Latta William T. McGowin, IV Frank L. Parker, Jr. William Thomas Eiland Timothy M. Grogan Brandon D. Hughey John L. Lawler Robert B. McLaughlin Jason C. Parker Page S. Ellis John Grow Christopher G. Hume, III John N..Leach, Jr. Julie E. McMakin John R. Parker C. Mark Erwin Roger C. Guilian John Michael Hunter Goodman G. Ledyard Michael S. McNair Harold D. Parkman Tamela E. Esham Virginia W. Haas Scott W. Hunter Beth Lee J. Bart McNiel Melinda J. Parks Michael T. Estep Robert L. Hagler, Jr. Wesley J. Hunter John V. Lee Kent Dyer McPhail James Donnie Patterson Christopher B. Estes Jason K. Hagmaier Willie J. Huntley, Jr. Tracie Lee-Roberson Coleman F. Meador James T. Patterson Cheryl D. Eubanks Carter R. Hale Harvey A. Hutchinson, III J. Stephen Legg Augustine Meaher, III Chandra D. Paul J. Gregory Evans Lee L. Hale, Sr. Herndon Inge, III Francis E. Leon, Jr. Bill C. Messick J. Day Peake, III Jim H. Fernandez Matthew B. Hall Herndon Inge, Jr. Mark A. Lequire S. C. Middlebrooks Charlie R. Pearman Gary W. Fillingim Patricia W. Hall Brandon D. Jackson Melissa D. Lerch Adam M. Milam Patrick K. Pendleton Douglas W. Fink Theodore L. Hall J. Walton Jackson Michael M. Linder, Jr. Christopher R. Miller R. Jeffrey Perloff George W. Finkbohner, Jr. W. Perry Hall Robert G. Jackson, Jr. Melissa Lindquist-King Jason D. Miller R. John Perry George W. Finkbohner, III Lawrence J. Hallett, Jr. Sidney W. Jackson, III James Loris, Jr. Jeffrey G. Miller Christopher E. Peters Patrick Finnegan Brandy B. Hambright William B. Jackson, II Victor H. Lott, Jr. M. Kathleen Miller Larkin H. Peters P. Gray Finney, III David A. Hamby, Jr. Alicia M. Jacob Y. D. Lott, Jr. Margaret Miller Abram L. Philips, Jr. Jonathan G. Fista Jubal Hamil Ishmael Jaffree Darlett Lucy-Dawson Brooks P. Milling Matthew T. Phillips Charles J. Fleming William Craig Hamilton Jack F. Janecky Merceria L. Ludgood Pamela K. Millsaps Will G. Phillips Erin Fleming Katie L. Hammett James D. Jeffries, Jr. T. Ryan Luna L. Daniel Mims Brenda J. Pierce Timothy W. Fleming Mary A. Hampton Linda Collins Jensen Jeffrey L. Luther Jonathan Minchin Jeffrey G. Pierce Ben Ford Neil L. Hanley Candace D. Johnson Maria Lynda Lyles Joseph J. Minus, Jr. Wendy A. Pierce Marcus T. Foxx Daniel A. Hannan James A. Johnson William M. Lyon, Jr. Robert L. Mitchell Virginia Pike Keith B. Franklin Michael J. Harbin Richard B. Johnson Andrea C. Lyons Michael A. Montgomery Mary E. Pilcher Ross Frazer Tameka A. Harpole William D. Johnson, Jr. Peter S. Mackey William D. Montgomery J. Jerry Pilgrim Andrew Freeman Sidney M. Harrell, Jr. James C. Johnston Arthur J. Madden, III J. Richard Moore J. Casey Pipes Carl E. Freman Ashley S. Harris Neil C. Johnston Melinda Lee Maddox Pamela A. Moore S. Wesley Pipes, V Donald A. Friedlander Thomas E. Harrison Vivian G. Johnston, III Todd C. Mallette Stephen C. Moore Wesley Pipes Gregory M. Friedlander Michael A. Hart Vivian G. Johnston, Jr. David Maloney Larry C. Moorer William E. Pipkin, Jr. Jonathan B. Friedlander Jeffrey J. Hartley Andrew M. Jones Jonathan R. Maples Jack W. Morgan Patricia J. Ponder Nathan Friedlander J. Stephen Harvey Gregory R. Jones E. Russell March, III Jennifer S. Morgan William C. Poole Barry A. Friedman Peter Havas Joe Carl Jordan Chad C. Marchand Nicholas F. Morisani Charles J. Potts Josh D. Friedman Edward G. Hawkins Shirley M. Justice Beth Marietta-Lyons Jake L. Morrison Susan L. Potts Sarah S. Frierson Wilson M. Hawkins, Jr. Cecily L. Kaffer Michael E. Mark Henry T. Morrissette Arthur T. Powell, III Richard W. Fuquay Jeffry Alan Head Kathleen Cobb Kaufman L. A. Marsal W. Alexander Moseley Glen P. Powers, II Richard M. Gaal Robert J. Hedge Kyla Kelim Linda J. Marston-Crawford T. Julian Motes Jean M. Powers Ginger P. Gaddy Benjamin Connel Heinz Colin E. Kemmerly Andrew W. Martin, Jr. Robert H. Mudd, Jr. Barry C. Prine P. Vincent Gaddy Timothy A. Heisterhagen David G. Kennedy Craig D. Martin D. Brian Murphy Caroline T. Pryor Thomas O. Gaillard, III Frederick G. Helmsing, Jr. Christopher Kern Steven A. Martino Michael T. Murphy Brian T. Pugh Jeffry N. Gale Frederick G. Helmsing Benjamin H. Kilborn, Jr. R. Edward Massey, Jr. Jennifer Murray Marion A. Quina, Jr. Norman J. Gale, Jr. Deborah B. Hembree Fred W. Killion, III R. Edward Massey, III Paul Bradley Murray David R. Quittmeyer Robert M. Galloway Alison B. Herlihy Fred W. Killion, Jr. Kevin F. Masterson P. Russell Myles Thomas J. Radcliff William J. Gamble, Jr. Warren C. Herlong, Jr. James W. Killion Joseph M. Matranga Paul D. Myrick L. Bratton Rainey, III Jonathan P. Gardberg Leslie Herring Sujin Kim Robert C. Matthews Meegan Nelson Julie H. Ralph J. Cecil Gardner Brenda D. Hetrick James E. Kimbrough, Jr. Thomas R. McAlpine Mark A. Newell Robert S. Ramsey J. Marshall Gardner R. Scott Hetrick William A. Kimbrough, Jr. Gregory B. McAtee James B. Newman A. Clay Rankin, III Thomas F. Garth Charles A. Hicks Rick O. Kingrea Brian P. McCarthy Frances R. Niccolai David L. Ratcliffe George C. Gaston Lucian B. Hodges Richard M .Kirkpatrick Daniel L. McCleave Steven L. Nicholas James Rebarchak Ian F. Gaston Michael R. Holberg Stephen L. Klimjack Samuel P. McClurkin, IV Michael C. Niemeyer F. Grey Redditt, Jr. Christopher L. George Jennifer Holifield Michael D. Knight Jacqueline M. McConaha David A. Nihart Mark L. Redditt Jordan W. Gerheim John Holladay Dennis J. Knizley Lynn McConnell Peggy R. Nikolakis William H. Reece Jason C. Gerth Lyman F. Holland, Jr. H. James Koch Jason S. McCormick Jason B. Nimmer Gabrielle Reeves John D. Gibbons Frances H. Hollinger Frank H. Kruse Douglas L. McCoy John R. Nix W. Boyd Reeves Christopher M. Gill Ryan P. Holloway Joseph O. Kulakowski Marcus E. McCrory Faith A. Nixon Elizabeth D. Rehm W. Michael Gillion W. Steele Holman, II Banks C. Ladd Kristine McCulloch Ken A. Nixon Kirkland E..Reid Walter T. Gilmer, Jr. Broox G. Holmes Leah P. Ladd James H. McDonald, Jr. Ryan T. Northrup Eric B. Reuss William B. Givhan Richard H. Holston Mary Carol Ladd Jennifer E. McDonald Thomas Michael O’Hara Latisha Rhodes Melody C. Glenn D. Charles Holtz Gilbert B. Laden Matthew C. McDonald Caine O’Rear, III Robert Riccio J. W. Goodloe, Jr. Richard D. Horne Paul V. Lagarde Edward B. McDonough, Jr. Sonya Ogletree Mathew B. Richardson

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Kenneth J. Riemer Anna L. Scully Susan G. Smith Todd S. Strohmeyer Lucy E. Tufts C. Richard Wilkins J. Burruss Riis Matthew T. Scully William B. Smith Carroll H. Sullivan J. Robert Turnipseed Anna M. Williams James V. Roberts, Jr. James D. Sears Hendrik Snow Joseph R. Sullivan Deena R. Tyler Arthur G. Williams, IV Mark B. Roberts Henry R. Seawell, IV Mary Elizabeth Snow Molly M. Sullivan John M. Tyson, Sr. Margaret Y. Williams Edward L. Robinson, II John W. Sharbrough, III Domingo Soto Charles E. Tait Michael Upchurch Richard R. Williams Jay N. Robinson Thomas E. Sharp, III Scott W. Soutullo James W. Tarlton, III G. Hamp Uzzelle, III Ronnie L. Williams Thomas M. Rockwell Clifford C. Sharpe Mark E. Spear Jeremy P. Taylor Pete J. Vallas Adam T. Williamson William C. Roedder, Jr. Kirk C. Shaw Jon M. Spechalske Richard H. Taylor Gregory Vaughan Theresa N. Williamson Jannea S. Rogers Jason M. Shelby Jerome E. Speegle Shane A. Taylor David P. Vaughn Charles S. Willoughby Ruth M. Rogers Michael D. Sherman John R. Spencer Stacie F. Taylor Lawrence B. Voit J. Elizabeth Wilson Derek S. C. Rose Richard E. Shields D. Trice Stabler R. Stevens Terry James B. Vollmer Michael P. Windom Jennifer Roselius Jonathan E. Sholtis Leon F. Stamp, Jr. Steven L. Terry Richard W. Vollmer, III Michael A. Wing Ian Rosenthal Vanessa A.. Shoots Joseph D. Steadman Bryan A. Thames George M. Walker Mark C. Wolfe Jay M. Ross William E. Shreve, Jr. Mary Steele Joseph D. Thetford Kimberly C. Walker Thomas M. Wood James B. Rossler Franklin L. Shuford, Jr. Kenneth S. Steely Renee E. Thiry Thomas B. Walsh Ricardo Woods Beth M. Rouse Patrick H. Sims Gregory B. Stein Richard L. Thiry Patrick J. Ward Shuntavia Woods Robert H. Rouse William H. Sisson T. Jeff Stein Carla M. Thomas Ernest E. Warhurst, Jr. James A. Yance Edward P. Rowan Jack Smalley, III Scott D. Stevens Robert A. Thomas Harold W. Wasden Randolph T. Yance Benjamen T. Rowe April D. Smith Donald J. Stewart Stacey L. Thomas L. Simone Washington Habib Yazdi Andrew J. Rutens Bryan D. Smith Louisa L. Stockman Barry L. Thompson William W. Watts, III Richard D. Yelverton Elias J. Saad E. Glenn Smith, Jr. Norman M. Stockman Ray M. Thompson Leslie G. Weeks Jay A. York William H. Saliba Edward L. D. Smith Samuel L. Stockman Cooper C. Thurber Lawrence M. Wettermark James W. Zeigler Harry V. Satterwhite Fran J. Smith Bruce B. Stone, Sr. Edward R. Tibbetts A. Holmes Whiddon, Jr. Thomas T. Zieman, Jr. Steven P. Savarese, Jr. Frankie F. Smith Margaret A. Stone William C. Tidwell, III Jarrod J. White David B. Zimmerman Richard S. Sawyer Jason D. Smith Sheila V. Stone Desmond V. Tobias John L. White Alex W. Zoghby Troy T. Schwant Lacey Smith David A. Strassburg, Jr. Desmond B. Toler J. George Whitfield, Jr. George M. Zoghby Steven Sciple Selma D. L. Smith Brandon Strickland Michael J. Tonder David J. Wible ▲▼▲

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Alabama Attorneys Complete Work at Uniform Law Conference By Representative Cam Ward

or the 119th time, uniform law com- The Uniform Military and Overseas missioners recently gathered for a Voters Act will simplify the process of F full week to discuss–and debate line absentee voting for United States military by line and word by word–legislative pro- and overseas civilians by making the posals drafted by their colleagues during process more uniform, convenient, secure the year. and efficient. The Act covers all military At its meeting in Chicago, the Uniform personnel and their dependents, as well as Law Commission (ULC) approved ten new U.S. citizens residing outside the United acts dealing with issues ranging from a new States who are unable to vote in person. law that assists military and overseas voters Uniform Law Commission President Bob Stein (right) The Act applies to all statewide and local to a new act addressing the complex issues speaks to attendees of the recent ULC meeting in elections, as well as to all federal elec- Chicago as Illinois Governor Pat Quinn prepares to of tenancy-in-common land ownership. sign an act into law. tions, both primary and general. The ULC has worked for the uniformity of state laws since 1892. Originally called the National Conference The Uniform Commercial Code (UCC) Article 9 governs of Commissioners on Uniform State Laws, the ULC was formed secured transactions in personal property. UCC9 was sub- by representatives of seven states to promote uniformity among stantially revised in 1999 and adopted in all states. The state laws. It was created to consider state law, determine in which 2010 Amendments to UCC9 modify the existing statute to areas of the law uniformity is important and then draft uniform and respond to filing issues and address other matters that have model acts for consideration by the states. For well over a century, arisen in practice following a decade of experience with the the ULC’s work has brought consistency, clarity and stability to 1999 version of UCC9. Of most importance is that the 2010 state statutory law. amendments provide greater guidance as to the name of an Alabama joined the ULC in 1906, and since that time has individual debtor to be provided on a financing statement. enacted more than 75 uniform or model acts promulgated by the ULC, including important state statutes such as the Uniform The Uniform Partition of Heirs Property Act addresses Commercial Code, the Uniform Partnership Act, the Uniform the issue of tenancy-in-common land ownership. Tenancy- Interstate Family Support Act, the Uniform Anatomical Gift Act, in-common is a type of joint ownership without right of and the Uniform Child Custody Jurisdiction and Enforcement survivorship. When there is no right of survivorship, the Act. Just in 2010, Alabama enacted two new uniform acts: the death of a tenant-in-common can trigger an action to parti- Uniform Adult Guardianship and Protective Proceedings tion the land to satisfy the deceased tenant’s heirs. In a par- Jurisdiction Act and the Uniform Child Abduction Prevention tition, the land is sold to satisfy tenant-in-common interests, Act. The Child Abduction Prevention Act was a multi-year proj- often in a sale that does not meet market value. This Act ect developed by former Alabama Justice Gorman Houston, protects vulnerable landowners by providing a buy-out many others in the legal community and this author. option, balancing factors for judges on partition of real Uniform law commissioners are appointed by every state, the property, sale price minimums if dispossession occurs and a District of Columbia, Puerto Rico and the U.S. Virgin Islands. waiting period of up to three years for strangers to title. The commissioners draft proposals for uniform laws on issues where disparity between the states is a problem. Commissioners The Uniform Electronic Recordation of Custodial donate their time and expertise, receiving no salary or fee for Interrogations Act addresses the use of audio and/or video- their work with the ULC. Alabama’s commissioners are some of taping to record law enforcement officers’ interviews of crimi- the most active members in the conference, serving on dozens nal suspects who are in custody. The Act mandates audio- of drafting committees over the years. recordings of interrogations only, leaving to the discretion of Alabama currently has nine uniform law commissioners the various states and law enforcement agencies to require appointed to the ULC: Jerry Bassett, Montgomery; Joseph both audio- and video-recording of custodial interrogations. Colquitt, Tuscaloosa; William H. Henning, Tuscaloosa; Gorman Houston, Jr., Birmingham; Thomas L. Jones, The Uniform Faithful Presidential Electors Act provides a Tuscaloosa; Ted Little, Auburn; Robert L. McCurley, Jr., statutory remedy in the event a state presidential elector fails Tuscaloosa; Bruce J. McKee, Birmingham; and this author. to vote in accordance with the voters of his or her state. The Highlights of acts recently approved by the ULC and now Act has a state-administered pledge of faithfulness, with any available for state enactment include: attempt by an elector to submit a vote in violation of that

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pledge, effectively constituting resignation from the office of more than 200 acts, among them such bulwarks of state statutory elector. The Act provides a mechanism for filling a vacancy law as the Uniform Commercial Code, the Uniform Probate created for that reason or any other. Code, the Uniform Partnership Act and the Uniform Interstate Family Support Act. The Revised Model State Administrative Procedure Act The procedures of the ULC ensure meticulous consideration is an update of the 1980 Act of the same name. The 1980 of each uniform or model act. The ULC usually spends a mini- Act provided procedures for promulgating administrative mum of two years on each draft. Sometimes, the drafting work regulations and for adjudicating disputes before adminis- extends much longer. No single state has the resources neces- trative bodies. The revision updates the Act to recognize sary to duplicate this meticulous, careful, non-partisan effort. electronic communications and other state procedural The ULC works efficiently for all the states because individ- innovations since the Act was originally promulgated. ual lawyers are willing to donate their time to the uniform law movement, and because it is a genuinely cooperative effort of The Uniform Collateral Consequences of Conviction Act all the states. The ULC continues to be a good idea, well over a addresses the various penalties and disqualifications that century since its founding, and strengthens the role of state law individuals face incidental to criminal sentencing, including in our federal system. The Uniform Law Commission continues disqualification from voting, prohibitions from running for its commitment to help sustain the independence of the states, office, exclusion from certain types of employment, etc. while achieving a uniform legal system for the nation. ▲▼▲ The provisions in the Act are largely procedural, and designed to rationalize and clarify policies and provisions which are already widely accepted by the states. The Act Representative Cam Ward serves in the includes provisions to ensure that defendants are aware of Alabama House of Representatives for District the existence of collateral sanctions before sentencing. 14, which includes Bibb, Chilton, Jefferson and Shelby counties, and is the executive director of Amendments to the Act address the recent U.S. Supreme the Alabaster Industrial Development Board. Court decision in Padilla vs. Kentucky. He is a graduate of Troy University and the Cumberland School of Law. Representative Information on all of these acts, including the approved text Ward is president of the Alabama Law Institute of each act, can be found at the ULC website, www.nccusl.org. and one of Alabama’s five commissioners on the Once an act is approved by the ULC, it is officially promulgat- National Conference of Commissioners on ed for consideration by the states, and the legislatures are urged Uniform State Laws. He also volunteers time as chair of the Alabama to adopt it. Since its inception, the ULC has been responsible for Autism Task Force.

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The 2010 Changes to Alabama’s ETHICS LAW By Edward A. Hosp

n early December 2010, the Alabama Legislature was called into special session by outgoing Governor Bob Riley. The What Is Lobbying? I stated purpose of the session and the legislation introduced during that session was to increase accountability and trans- Under prior law, and pursuant to language re-passed in SB14, parency in government at the state, county and local levels. the definition of “lobbying” includes any attempt to influence leg- More specifically, one of the primary focuses of the session was islation, including the veto or amendment of legislation.3 The def- to limit the perceived influence that “lobbyists” and those who inition of “lobbying” also includes any attempt to influence the hire “lobbyists” have on the political process. Thus, two of these adoption and modification of regulations instituted by any regula- bills, Senate Bill 14 (“SB14”), by Senator Bryan Taylor, and tory body. Therefore, if the purpose of contact with the govern- House Bill 11 (“HB11”), by Representative Paul DeMarco, ment is to influence the content of legislation or regulation, an made extensive changes to the definitions of “lobbying,” “lob- attorney would likely fall under the definition of a “lobbyist.” byists” and the items and hospitality that “lobbyists” and “prin- Consistent with prior interpretation of the law, and based on the cipals”—those who hire “lobbyists”—can provide to “public language in the definition of “lobbying” as well as the “attorney officials” and “public employees.”1 In fact, these bills so trans- exception” to the definition of “lobbyist” (see Ala. Code 36-25- formed the law that at the first mandated ethics training session 1(20)(b)(2)), it does not appear that “lobbying” includes attempt- in Montgomery on January 24, 2011, Ethics Commission ing to influence the application of regulations to a particular situa- Executive Director Jim Sumner declared that “life, as we have tion—for example, an attempt to obtain a license or to convince a known it in the past, no longer exists.” government entity that a party is not in violation of an existing To say that there is significant confusion and disagreement rule or regulation. Additionally, “professional services” involving over what the new laws actually did would be an understate- drafting legislation or regulations, or assisting clients in interpret- ment. See Montgomery Advertiser, 2/3/2011. The changes are ing the impact of particular measures does not render a person a still being analyzed, and many of the new provisions will “lobbyist.” Ala. Code § 36-25-1(20(b)(2). require interpretation through advisory opinions issued by the The purpose of HB11, however, was to add a new code sec- Ethics Commission before their full impact is understood.2 tion that expanded the definition of “lobbying” to include any Additionally, the legislature may have addressed some of the attempt to influence the award of any contract or grant by any issues that have arisen through technical amendments when the department of the executive, legislative or judicial branch of 2011 Regular Session began March 1, although early indications state government. Ala. Code § 36-25-1.5. While this is a signifi- are that they are reluctant to do so. cant change to the law, note that HB11 applies only to those This article analyzes SB14 and HB11 in an attempt to provide seeking contracts and grants with the state. Therefore, those as clear a picture as possible of the new restrictions on “public seeking contracts and grants with county or city governments, officials,” “lobbyists” and those who employ “lobbyists”—as or their departments and agencies, would not fall under the defi- well as to whom those restrictions apply. nition of “lobbying” and should not be considered “lobbyists.”

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As discussed more fully below, there appears to be a conflict between the new Are Sales People definition of “lobbying” contained in Now “Lobbyists”? HB11, and one of the exceptions to the definition of “lobbyist” contained in the Although the exception to the definition existing Code and re-enacted as part of of “lobbyist” set forth in § 36-25- SB14. Thus, there exists some confusion 1(20)(b)(5) for those appearing before a as to the circumstances under which a legislative or executive body to sell or person seeking to obtain a contract for purchase goods or services appears to be goods and services with the executive or broad, as noted previously, it is also in legislative branches of state government In contrast, those hired conflict with the legislature’s attempt in will be considered a “lobbyist.”4 purely for the purpose of HB11 to include as “lobbyists” individuals “seeking to influence the award” of influencing a decision of the contracts and grants with the state. A Who Is a question therefore arose as to whether or state government with not a salesperson who attempts to make sales to a state government entity fell Lobbyist? respect to a contract or under the new definition of a “lobbyist.” This issue was a contentious one during Generally grant, or those hired to the session, and there were numerous Under SB14, “the term lobbyist “open doors” for a business attempts to include language in the final includes any of the following:” bill that would clarify that salespeople are considered “lobbyists,” were not intended to be included in the 1. A person who receives compensa- definition of “lobbyist.” Those efforts tion to lobby. That is, anyone paid however, and must register. were ultimately unsuccessful; however, on to influence legislation, regulations February 2, 2011, the Ethics Commission or the award of contracts of grants issued Advisory Opinion 2011-02, clarify- by the state; 2. A person or attorney drafting bills or ing this issue. According to that opinion, 2. A person who lobbies as a “regular advising clients or rendering opin- individuals and entities who engage in or usual part of employment;” ions regarding the construction or sales activities with the state government effect of pending legislation, execu- as part of their normal job activities are 3. A consultant to any government tive action or rules or regulations; not considered by the Commission to be entity who is employed to influence “lobbying.” Similarly, the opinion states legislation or regulations regardless 3. Reporters and members of the press; that individuals and entities who respond of the funds from which that person 4. Citizens who do not expend funds to requests for proposals are not “lobby- is paid; to lobby or who merely give public ists.” In contrast, those hired purely for 4. Any employee or consultant of a testimony on a particular issue; the purpose of influencing a decision of lobbyist who regularly communi- the state government with respect to a 5. A person who appears before a leg- cates with members of a legislative contract or grant, or those hired to “open islative body, a regulatory body, or body. doors” for a business are considered “lob- an executive agency to either sell or byists,” however, and must register. Ethics Ala. Code § 36-25-1(20)(a). purchase goods or services; AO 2011-02. As noted above, the definition of “lob- 6. A person whose primary duties or byist” in Ala. Code § 36-25-1(20) as responsibilities do not include lob- adopted by SB14 begins with the phrase bying, but who may organize social Who Is a “the term lobbyist includes any of the events for members of a legislative following” (emphasis added). Therefore, body so long as that person has Principal? the examples given and listed above may only irregular contact with members not be exclusive. This creates the possi- of the legislative body; A “principal” is any person—including bility that the Ethics Commission could any business—who employs a “lobbyist.” 7. Persons who are members of asso- interpret other activities by an individual The revised definition of “principal” ciations who retain lobbyists but as rendering that person a “lobbyist.” removes the statement previously con- who do not personally lobby; Code What is perhaps more instructive than tained in the that a “principal” could the definition of who is a “lobbyist” is 8. State government agency heads or simultaneously serve as his or her own that the Code also specifies who is not a their designees who provide infor- “lobbyist,” and added the statement that “a “lobbyist.” A “lobbyist” does not include: mation or communicate with other principal is not a lobbyist, but is not entities regarding policy and the allowed to give a thing of value.” Clearly, 1. Elected officials acting on matters positions affecting that agency. in some instances, particularly with regard which involve that person’s official to associations, a “principal” may also be a duties; Ala. Code § 36-25-1(20)(b). “lobbyist.” The current thinking of the

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Ethics Commission staff appears to be that Under § 36-25-5.5, neither a “lobbyist” Commission has dealt with this issue the language stating that a “principal” was nor a “principal” can provide to a “public thus far, is dealt with below. not a “lobbyist” was added to the Code official” or the official’s “family mem- only to indicate that a “principal” was not bers” a “thing of value.” As noted previ- automatically also a “lobbyist.” ously, it appears that anyone not consid- What Is (and Is ered a “lobbyist” or a “principal” may be permitted to give to a “public official” Not) a Thing of What Can a anything—including a thing of value, so long as the thing provided is not for the Value? Lobbyist or purpose of influencing official action, as prohibited by § 36-25-7. Again, the inter- If it is assumed that no conflict exists section between section 5.5 and the lan- between section 5.5 and section 7, and that Principal Do guage of § 36-25-7, and how the Ethics “lobbyists” and “principals” are permitted (or Not Do)? As discussed in detail below, when the new law was first passed, there existed some confusion regarding the impact of Do you represent a client who has received medical changes to Code § 36-25-7. The language in new section 7 provides that no one— benefits, lost wages, loss of support, counseling, or not a “lobbyist,” a “principal” or a citizen—is permitted to provide anything to a funeral and burial assistance from the Alabama “public official” if the giving of that thing Crime Victim’s Compensation Commission? is to influence official action. If not given to influence official action, there appears to be no limitation on what an individual or entity who is not a “lobbyist” or “principal” may provide to a “public official.” This is not the case for “lobbyists” and “principals,” as new Code section 36-25- 5.5 places specific restrictions on those individuals and entities. New Code § 36- 25-5.5(a) states in relevant part that: no lobbyist, or subordinate of a lobbyist or principal shall offer or provide a thing of value to a public employee or public official or family member of [those individuals]… Ala. Code § 36-25-5.5(a). This new section similarly prohibits “public employees” or “public officials” and their “family When your client applied for benefits, a subrogation agreement members” from soliciting or receiving a was signed pursuant to §15-23-14, Code of Alabama (1975). If a thing of value from a “lobbyist” or a sub- crime victim received compensation benefits, an attorney suing ordinate of a “lobbyist” or “principal.” In on behalf of a crime victim must give notice to the Alabama what appears to be a minor drafting error, the plain language of this provision does Crime Victims’ Compensation Commission, upon filing a lawsuit not include a prohibition that relates to on behalf of the recipient. “principals”—only to subordinates of “principals.” However, it is clear that the For further information, contact Kim Martin, staff attorney, legislature intended this prohibition to apply to “principals” as well as “lobby- Alabama Crime Victims’ Compensation Commission at (334) ists.” As noted above, contained in the 290-4420. definition of “principal” is the statement that “a principal . . . is not allowed to give a thing of value.” As a result, it should be assumed that “principals,” like “lobbyists,” are prohibited from providing to “public officials” and “public employees” any “thing of value.”

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to give to “public officials” things that are not “thing[s] of value,” then it is Group Meetings, important to have a clear understanding Receptions and of exactly what that term does and does not mean. “Thing of value” is defined Conferences very broadly, and includes essentially anything and everything that has any There are several exceptions to the def- value. Thus, as in the past, the numerous inition of “thing of value” that deal with exceptions to the definition are more rel- group meetings, receptions and confer- evant and helpful. ences. Under those exceptions, a “thing of value” does not include: 1. Reimbursement for transportation and lodging for public officials or General Exclusions public employees attending an educa- from “Thing of tional function or a widely attended event when the person providing the Value” reimbursement is a primary sponsor. This exclusion only applies if the The following items are specifically public official is a meaningful partic- excluded from the definition of a “thing ipant in the event, or if the public of value,” and therefore appear to have official’s attendance is “appropriate been intended by the legislature to be to the performance of his or her offi- allowed to be provided to “public official duties for representative func- cials” and “public employees” so long as tion;” they are not given for the purpose of influencing official action: 2. Reimbursement for travel and expenses in connection with partici- 1. Campaign contributions or contri- pation in an economic development ASB Lawyer butions to an inaugural or transition function; committee; Referral Service 3. Hospitality, meals and other food or 2. Anything given by a family mem- beverages provided as an integral The Alabama State Bar Lawyer Referral ber “[u]nder circumstances which part of an educational function, eco- Service can provide you with an excellent make it clear that the gift is [the nomic development function, a work 5 means of earning a living, so it is hard to thing given] is motivated by a family session, or a widely attended event. believe that only three percent of Alabama relationship;” Ala. Code § 36-25-1(33)(12-14). attorneys participate in this service! LRS wants you to consider joining. 3. Anything given by a friend under The Lawyer Referral Service is not a pro Educational Function circumstances which make it clear bono legal service. Attorneys agree to An “educational function” must be that the gift is given due to the charge no more than $50 for an initial con- organized around a formal program or friendship; sultation, not to exceed 30 minutes. If, after agenda concerning matters within the the consultation, the attorney decides to 4. Items of little intrinsic value such as scope of the participant’s official duties accept the case, he or she may then charge for other matters of public policy, eco- his or her normal fees. plaques or certificates, or items and nomic trade or development, ethics, gov- In addition to earning a fee for your serv- services of de minimis value; ice, the greater reward is that you will be ernment services or programs, or govern- helping your fellow citizens. Most referral 5. Anything that is available to the ment operations. clients have never contacted a lawyer before. general public such as loans, dis- The definition states that “[t]aking into Your counseling may be all that is needed, or counts and “opportunities and bene- account the totality of the program or you may offer further services. No matter fits,” and “rewards and prizes given agenda [it] could not reasonably be per- what the outcome of the initial consultation, in contests or events including ran- ceived as a subterfuge for a purely social, the next time they or their friends or family dom drawings…;” recreational, or entertainment function.” need an attorney, they will come to you. Ala. Code §36-25-1(12). If the function For more information about the LRS, con- 6. Benefits earned by a public official is primarily attended by individuals from tact the state bar at (800) 354-6154, letting or employee through a non-govern- Alabama, it must take place in Alabama. the receptionist know that you are an attor- ment employer where it is clear that If it is predominately attended by indi- ney interested in becoming a member of the Lawyer Referral Service. Annual fees are those benefits are provided for rea- viduals from other states, it still must $100, and each member must provide proof sons unrelated to the person’s public take place in the continental United of professional liability insurance. service. States. Ala. Code § 36-25-1(12). Transportation and lodging may be Ala. Code § 36-25-1(33)(b)(1-7, 10). provided for an “educational function,”

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but only by a primary sponsor of the under one of the group event exceptions. event, and only if the “public official” is However, travel and lodging can only be a “meaningful participant” in the event. provided by a primary sponsor of the Ala. Code § 36-25-1(33)(12). There is no event. It also can only be provided if the definition of a “primary sponsor;” how- event is one organized around a formal ever, the legislation’s use of the more agenda or program, and if the official is a broad term “a principal sponsor” rather meaningful participant, meaning that he than the restrictive term “the primary or she performs a role such as speaker or sponsor” indicates that an event may panel participant—or if the event con- have more than one primary sponsor. cerns his or her role as a “public official.” Additionally, according to the excep- “Thing of value” Hospitality, including food and bever- tions to the definition of a “thing of ages, can only be provided at a group value,” hospitality may be provided at an is defined very event if it is an “integral part” of the “educational function,” but the language function. Unfortunately, there is no defi- states that the hospitality must be “an nition of “integral part” of a function, integral part” of the event. Ala. Code § broadly, and although the dictionary definition of the 36-25-1(33)(14). word is “essential to completeness.” At includes essentially this time, it is not clear when the provi- Economic Development sion of hospitality will be considered “an Function anything and integral part” of an event, or how that term will be interpreted. An “economic development function” Unlike a previous code section that is one reasonably “[a]nd directly related everything that restricted the provision of hospitality in to the advancement of a specific, good certain circumstances to three consecu- faith economic development or trade pro- tive days, there is no time limitation in motion project or objective.” Ala. Code § has any value. the newly passed law. 36-25-1(11) (emphasis added). In order to qualify as an “economic development function,” therefore, the event must con- In general, the exception for “widely Meals and cern an actual project or proposal, and attended events” appears to be broader cannot be a function relating to economic than the exceptions for “educational func- Beverages Provided development in general. tions” and “economic development func- Travel and lodging of a “public official” tions.” As a result, it appears that so long by Lobbyists and or employee may be paid to “facilitate a as more than 12 people are expected to events that would qualify as public official’s or public employee’s par- attend, most Principals “educational functions” or “economic ticipation in an economic development Also excepted from the definition from development functions” would also quali- function.” Ala. Code § 36-25-1(33)(13). a thing of value are meals or beverages fy as a “widely-attended event.” As in the case of an “educational func- provided by a “lobbyist” to a “public tion,” hospitality may be provided as part official” not exceeding $25 per meal, of an “economic development function” if General Rules for Group with an aggregate limit of $150 per year. the hospitality is an integral part of the Events and Functions “Principals” are permitted to spend $50 function. Ala. Code § 36-25-1(33)(14). There is no limitation on the amount per meal on a “public official,” with a that can be spent on travel, hospitality or limit of $250 per year. It is important to Widely-Attended Event entertainment for a “public official” or remember, though, that if the provision A “widely-attended event” is any “public employee” if the event qualifies of hospitality falls within a group event “[g]athering, dinner or reception at which it is reasonably expected that more than 12 individuals will attend….” According to this definition, the participants must Members’ Records Reminder have “mutual interests,” but the attendees Please note: As a member of the Alabama State Bar, you are required to must include “individuals with a diversity keep the Membership Department informed of your current address, tele- of views or interests.” Ala. Code § 36-25- phone number, fax number, e-mail address, etc. All requests for address 1(35). If the event is one organized around changes and other information must be made in writing and will be a formal agenda, and the “public official” accepted by mail, fax or e-mail (P.O. Box 671, Montgomery, AL or employee is a meaningful participant, 36101; (334) 261-6310; [email protected]).There is also a form available on transportation and lodging may be provid- the bar’s website (www.alabar.org) for your use when notifying our office of ed by a primary sponsor of the event. Ala. any address information change. Our policy does not permit us to make Code § 36-25-1(33)(12). Hospitality may changes via phone. The Administrative Office of Courts is not authorized to be provided if it is an integral part of the make changes to your contact information. event. Ala. Code § 36-25-1(33)(14).

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exception such as an “educational func- may attend such events and activities. tion” or a “widely-attended event,” it is However, implicitly acknowledging the not a “thing of value,” and therefore does language of section 7, the Commission not fall within the $25 or $50 limitation, pointed out that the individuals and busi- nor does it count toward the $150 or nesses providing the meals at these events $250 aggregated amount permitted for may not use the event “[a]s an opportuni- the calendar year. ty to lobby the public official/employee, or use it for a sales opportunity.” Ethics AO 2011-01 at 9.6 Stated elsewhere in the Reporting Under the new ethics Opinion, the Commission found that Hospitality Provided meals could be provided as long as “[t]he laws, anyone considering meal is not used as an opportunity to to Public Officials influence official action on the part of the providing a meal, a gift, county official/employee.” Ethics AO Under prior law, the definition of 2011-01 at 10. “thing of value” indicated that when sponsorship of an event— The change in the language of section more than $250 in hospitality was spent 7 appears to create a potential problem on a “public official” or “public employ- anything–at which for many entities interacting with gov- ee” during a single calendar day, the ernment officials, but especially for “lob- entire amount spent was required to be “public officials” or “public byists,” whose primary purpose is to reported by the provider to the Ethics influence official action. If a “lobbyist” Commission. employees” will be present, takes a “public official” to dinner to dis- Although SB14 eliminated this report- must given serious thought cuss a policy or legislation, that meal ing requirement within the definition sec- may be interpreted as having been pro- tion, “lobbyists” and “principals” still beforehand to how and vided “for the purpose of influencing must file quarterly reports pursuant to official action.” If so, it does not matter Ala. Code § 36-25-19(a). Those reports whether to proceed. that the meal or event may fit within one require an itemization of the items out- of the exceptions contained in the defini- side the definition of “thing of value” tions because under § 36-25-7, if a thing provided to a “public official” in excess given—hospitality or whatever—fell given or received is for the purpose of of $250 in a 24-hour period. within one of the many exceptions to the influencing official action, it is prohibit- definition of a “thing of value.” ed under all circumstances. Although there are still numerous Therefore, based on the language now Giving exceptions to the definition of “thing of found in § 36-25-7, and on the interpreta- value,” SB14 modified § 36-25-7 to tion of that language given by the Ethics Something to remove the requirement that the thing Commission in Advisory Opinion 2011- given to influence official action be a 01, it is risky for any entity—whether a “thing of value.” Thus, under the new sec- “lobbyist,” “principal” or citizen—to Influence tion 7, if anyone offers to a “public offi- provide anything at all to a “public official” anything, “[w]hether or not the cial” if the giving of that thing is in any Official Action thing…is a thing of value,” in order to way connected with the discussion of, or Without question, the most confusion influence official action, that person has attempt to influence, any policy, legisla- and disagreement regarding the new pro- violated the law. Ala. Code § 36-25-7(a- tion or regulation. visions of the Ethics Act have centered c). On February 2, 2011, the Ethics on the changes made to § 36-25-7. Commission issued Advisory Opinion Previously, this code section prohibited 2011-01 to the Association of County the giving and receiving of a “thing of Commissioners of Alabama, and exam- Conclusion value” for the purpose of influencing ined several of the exceptions to the defi- There is no question that the changes official action. Although the language nition of “thing of value.” The opinion is enacted by the Alabama Legislature to used in this section did not on its face helpful in understanding what is permitted Alabama’s Ethics Act in December 2010 appear to require an explicit quid pro quo with regard to group functions and meals were substantial. As a result, many, if not agreement (i.e., it used the phrase “influ- provided by “lobbyists” or “principals.” It most, of the rules and procedures that encing official action” as opposed to “in is particularly useful, however, in that it entities interacting with “public officials” exchange for an official act”), it was gen- clearly interpreted what was allowed to be and “public employees” had in place are erally viewed as an anti-bribery statute given through the lens of § 36-25-7. no longer valid. Under the new ethics that required some sort of quid pro quo. According to AO 2011-01, businesses laws, anyone considering providing a In any event, though, because section 7 and individuals including “lobbyists” and meal, a gift, sponsorship of an event— only prohibited the giving of a “thing of “principals” may sponsor group events anything—at which “public officials” or value,” individuals and businesses knew and meals pursuant to the exceptions set “public employees” will be present, must that they were safe so long as the thing forth in the Code, and “public officials” given serious thought beforehand to how

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and whether to proceed. Whether or not employees” discussed herein are the same and there- Opinion, “[s]ince 1995, when the previous Ethics Law the provision of that item is allowed will fore this paper will use the term “public official.” went into effect, all the activities set out in this opinion were permissible under the above-listed exceptions, 2. SB14, which dealt extensively with what can and depend on numerous factors, including unless they were offered in exchange for official action cannot be provided to “public officials” and “public the character of the provider (“lobbyist” on the part of the public official or the public employ- employees” and became Act 2010-264, has an effec- or “principal”), the purpose of the expen- ee.” Ethics AO 2011-01 at 7 (emphasis added). tive date of March 15, 2011. Thus, those changes to diture, the content of the event and the the law did not take effect until that date. HB11, possible subjects that may be discussed. which expanded the definition of “lobbying” and Because violations of the Ethics Act are became Act 2010-262, had an effective date of Edward A. Hosp is a class B felonies, it is recommended that January 1, 2011. Therefore, the additions to the definition of “lobbyist” became effective that date. shareholder at parties contemplating such activities Maynard, Cooper & exercise caution, and consult either the 3. According to the definition of “legislative body,” this Gale PC, practicing in includes measures considered by the state legisla- Ethics Commission staff or an attorney the areas of govern- before proceeding. ▲▼▲ ture, county commissions, city councils or commissions, town councils, and municipal councils or comment affairs, campaign missions, and committees of those bodies. See Ala. finance law and litiga- Endnotes Code § 36-25-1(18). tion. Hosp served as 1. The Code contains separate definitions for “public offi- 4. “Lobbyists” are required to pay a fee and register legal advisor to the cials” and “public employees.” The definition of “pub- with the State Ethics Commission, and must undergo governor from 1999 to 2003 and on the staff of lic official” is very broad, and includes any person mandatory ethics training. Additionally, under the the United States Senate Committee on the elected or appointed to a government position at the new law, “lobbyists” may be under significant addi- Judiciary. Since 2003, Hosp has served as an state, county or municipal level. “Public officials,” tional restrictions with regard to what they can and therefore, include many individuals who serve in an cannot do in their interactions with“public officials” adjunct professor at the University of Alabama unpaid capacity, whether as a member of local city and employees. Therefore, the determination of School of Law teaching government ethics and councils or as a member of local government boards whether a person crosses the threshold and becomes election law. In 1994, Hosp received his law or commissions. Additionally, the definition of “family a “lobbyist” is a significant one. degree from Fordham University School of Law member” for “public officials” is significantly broader 5. There is no definition for “work session” in the where he graduated cum laude and was induct- than the definition of “family member” for “public legislation. employees.” Thus, restrictions as to what can be pro- ed into the Order of the Coif. He served as a vided to “family members” are different for these two 6. Advisory Opinion 2011-01 also recognizes that prior to law clerk to the Honorable Harold Albritton, categories. With that exception, the restrictions on the 2010 changes, the language in § 36-25-7 had been United States District Judge for the Middle what can be provided to “public officials” and “public interpreted to require a quid pro quo. As stated in the District of Alabama from 1994-1995.

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Controlling Costs in e-Discovery By Jenna M. Bedsole and John Mallery

our client calls. Several key employees have left to start mation technology age, a new lexicon has developed. Here are a competing business. The client believes that the some helpful words to know so lawyers can communicate more Y employees have taken crucial confidential documents effectively with their clients, their computer experts and the or trade secrets either by e-mailing the information from their court. work computers to their personal computers or by downloading a. Metadata. One of the most confusing terms that lawyers it onto external hard drives. The scenario presents issues of pre- will encounter as they begin to address electronically serving or restoring information on your client’s computers and, stored information in the discovery process is “metadata.” if litigation ensues, potential discovery involving the former Costly discovery disputes have arisen over a lack of under- employees’ personal computers or external hard drives. standing of the term. Metadata is not visible to the reader Mining for e-discovery can result in hundreds of thousands of of a hard copy of a document—it is embedded data in the documents. One gigabyte is the equivalent of 500,000 typed electronic form of the document. See Fed. R. Civ. P. pages. Managing the vast amount of information can be expen- 26(f)(3), Advisory Committee notes on 2006 Amendment sive. Within the e-discovery rules, costs are a major concern. (“Information describing the history, tracking, or manage- See Fed. R. Civ. P. 26(b)(2)(B) (“[A] party need not provide dis- ment of an electronic file (sometimes called ‘metadata’) is covery of electronically stored information from sources that the usually not apparent to the reader viewing a hard copy or a party identifies as not reasonably accessible because of undue screen image.”); see also Williams v. Sprint/United Mgmt. burden or cost.”); Fed. R. Civ. P. 26(b)(2)(C) (requiring a court Co., 230 F.R.D. 640, 646-47 (D. Kan. 2005) (listing vari- to limit discovery if it determines the expense of the discovery ous definitions of metadata). outweighs its benefit). Courts have grappled with the enormous There are two types of metadata, file-level metadata and cost of e-discovery. “As businesses increasingly rely on elec- application-level metadata. File-level metadata is the term tronic record-keeping, the number of potential discoverable doc- used to describe attributes of a file as it resides on a partic- uments has skyrocketed and so also has the potential for discov- ular storage medium (hard drive, CD, thumb drive, etc.). ery abuse.” In re Seroquel Products Liability Litigation, 244 Specifically, these are the created, modified and accessed F.R.D. 650, 653-54 (M.D. Fla. 2007) (noting importance in times for the file on the device where it is stored. These are multi-district litigation for the parties to meet and confer to the date and time stamps as they appear in Windows develop a discovery plan). “Too often, discovery is not just Explorer. Application-level metadata are the date and time about uncovering the truth, but also about how much of the stamps as they are created in a particular application for a truth the parties can afford to disinter.” See Rowe Ent., Inc. v. document. When using Microsoft Word, click on the “File” William Morris Agency, Inc., 205 F.R.D. 421, 423 (S.D. N.Y. menu, then “Properties.” The data shown in the 2002). Nevertheless, counsel can proactively save his or her “Summary” and “Statistics” tabs are some of the metadata client’s time and money while at the same time offer quality for that particular document. Application-level metadata representation. Below are a few tips. stays with the document as it is transmitted or moved from one place to another. This type of information is useful if it Before the Case is necessary to determine when a document was created, Know the language. Lawyers speak their own language—we who created or modified the document and what organiza- talk about torts or motions for summary judgment or intercredi- tion created the document. However, not all applications tor agreements. We learn it in law school and in our practice; create the same types of metadata as Microsoft Word and the legal lexicon is one of the tools of our trade. With the infor- other Office applications.

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c. Unallocated clusters. Perhaps the most b. E-mail. The word “e-mail” means confusing term encountered during e-dis- completely different things to covery is when a computer forensics expert lawyers than to computer forensic starts discussing “unallocated clusters.” experts. To a lawyer, e-mail is what Before your eyes start to glaze over—by we receive and respond to at our breaking down the phrase, it can be a little desks or PDAs. To a computer foren- easier to understand. Data is stored on a sic expert, e-mail refers to the entire hard drive in “clusters.” Active files, those process. In an organization, e-mail is files that you can see when you open generally configured where a central- Windows Explorer, are stored on clusters ized mail server (a powerful comput- For example, deleted that are “allocated” to active files. Clusters er—the heart of the system) runs e- that aren’t storing active files are said to be mail server software, most commonly temporary files, “unallocated.” This area of the hard drive Microsoft Exchange. Running on the is not accessible to the user—it is only users’ desktops is an e-mail client, Internet History files, used by the operating system (most likely most commonly, Microsoft Outlook. Microsoft Windows) and the applications The e-mail server hosts the “post or deleted images you run. Unallocated clusters are not office” where the users have their can all potentially be empty. This is where you can find deleted “mailboxes.” In Microsoft Exchange, files, whether deleted by the user or by the the post office is contained in an indi- recovered from system. For example, deleted temporary vidual file called an “edb” file (the files, Internet History files or deleted file’s extension). Individual mailbox- unallocated clusters. images can all potentially be recovered es can be extracted as individual files from unallocated clusters. Because this called “pst” files (personal storage area of the hard drive is the “dumping files). PST files can also reside on users’ computers. ground” of the computer, there is no hierarchical structure Knowing what e-mail applications are used by your client of files, no organization by date and time stamps, simply no can be very helpful during the discovery process. organization whatsoever. While it is possible to recover

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potentially relevant and responsive an understanding of the concepts underly- materials from unallocated clusters, it ing the practice of computer forensics, not does require special training and tools just a specific tool. to recover this information. See gen- Certifications should not be the only cri- erally Balboa Threadworks, Inc. v. teria in choosing an expert, as some Stucky, No. 05-1157-JTM-DWB, experts may not hold any certifications. 2006 U.S. Dist. LEXIS 29265 *10 Perhaps the most important question to ask (D. Kan. Mar. 24, 2006) (noting a a potential expert is: “What computer forensic duplicate of a computer, or forensics tools do you use?” If they simply mirror image, can copy “[b]it for bit, respond with the name of one popular tool, sector for sector, all allocated and When choosing an look elsewhere. Computer forensics tools unallocated space including slack are pieces of software, and like any other space, on a computer hard drive.”) expert, it is important piece of software, they have situations (citing Communications Center, Inc. when they do not perform as expected. If v. Hewitt, 2005 U.S. Dist. LEXIS to keep in mind that your expert relies on only one tool, there is 10891 (E.D. Cal. Apr. 5, 2005)). a chance that he or she only understands you are not simply his or her tool of choice, not the underly- During Litigation choosing someone ing technologies disclosed during their Choose the right expert. When choosing analysis. The expert also might not be able an expert, it is important to keep in mind “who is really good to perform the assigned tasks should their that you are not simply choosing someone only tool crash or malfunction. “who is really good with computers,” but with computers,” but Also, look for active involvement in someone who has very specialized expert- trade associations such as the High ise combined with excellent communica- someone who has Technology Crime Investigation tion skills. Someone who understands Association (HTCIA). Initially restricted technology but cannot explain it in simple very specialized to those in law enforcement, this is one of terms to a judge and jury is useless. The the oldest and most established high tech skills needed by an expert are often “at expertise combined crime-related organizations in the United odds” with the interests and skills that lead with excellent States. Since dues are modest, some prac- someone to choose a career in information titioners will join just to list membership technology. In short, people often choose communication skills. on their CV. Look for those who have working with computers because they do served on board positions and teach fre- not like talking to people. Additionally, quently at the annual International someone who is skilled in configuring, maintaining and trou- Conference. Potential experts with a background in law enforce- bleshooting a network is not likely to have been trained in any ment can prove helpful as they will have an investigative mind- litigation-related technologies such as computer forensics. set, but they may not have a good understanding of civil litiga- The potential expert should be able to testify. Many data tion. Describing a defendant as a “perp” may not be helpful to recovery companies only recover data. They do not testify and your case. will not testify. By having an expert who is unable or unwilling Choose the expert early. While this may seem at odds with to testify, you expose your client to potential chain-of-custody saving costs, retaining an expert early in the case can help an objections and the possibility that your “smoking gun” evidence attorney draft focused and specific discovery requests and is will be inadmissible. Although an expert’s lack of previous testi- absolutely essential in creating search parameters and keyword mony experience should not preclude you from selecting him or search methodologies. Many lawyers have seen their discovery her, the expert should have the personality and the ability to costs skyrocket when they crafted a list of keywords that gener- think quickly to perform successfully during cross-examination. ated thousands of false hits that resulted in untold costs to When choosing an expert, look for someone who can demon- review the resultant documents. See William A. Gross Constr. strate experience in this area well before December 1, 2006, the Assocs., Inc. v. American Mfrs. Mut Ins. Co., 256 F.R.D. 134 date the new Federal Rules of Civil Procedure were adopted to (S.D.N.Y. 2009); Verigy US, Inc. v. Mayder, No. 5:07-CV- address electronically-stored information. When choosing a 04330-RMW, 2007 WL 3144577 (N.D. Cal. Oct. 24, 2007). computer forensics expert, look for certifications such as EnCE Where’s the data? Under the Federal Rules of Civil (Encase Certified Examiner) and ACE (AccessData Certified Procedure, the parties must produce in their initial disclosures Examiner)—vendor-specific certifications that demonstrate either copies or provide the location of all documents, including expertise with two of the most recognized computer forensics electronic documents, they have in their possession and may use tools in the industry, EnCase by Guidance Software and to support their claims or defenses. See Fed. R. Civ. P. Forensics Toolkit (FTK) by AccessData. Even more important 26(a)(1)(A)(ii). The location of electronic documents is impor- would be a vendor-neutral certification like CCE (Certified tant to formulate an e-discovery plan. See In re Seroquel, 244 Computer Examiner) or CFCE (Certified Forensic Computer F.R.D. at 654. A party should know the capabilities of its com- Examiner, available to law enforcement only) that demonstrates puter system and how it can be searched and replicated without

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altering data. Counsel should meet early Determine a relevant time frame. with his or her client’s information tech- Although such a determination can involve nology person(s) and discuss the operating “some degree of imprecision,” the parties systems and software. Then, the parties should agree on the temporal scope of dis- should discuss the form of production. See covery or the judge will. See D’Onofrio v. In re Seroquel, 244 F.R.D. at 655; see SFX Sports Group, Inc., 256 F.R.D. 277, Rowe Ent., Inc., 205 F.R.D. at 427 (sug- 280 (D.D.C. 2009) (limiting the computer gesting production of e-mails electronically forensic search to the date the complaint rather than in hard copy saves costs). was filed and noting that sometimes “a Make your requests specific. When judge must simply draw a reasonable line seeking electronic discovery, know what Agreeing on a search between the likely and the unlikely, the your goals are. “[C]ourts have been cau- discoverable and the prohibited, the wheat tious in requiring the mirror imaging of protocol can help and the chaff”). Identify key people rather computers where the request is extremely than mining data from all employees. See broad in nature and the connection prevent the Rowe Ent., Inc., 205 F.R.D. at 427. Please between the computers and the claims in note some courts have held the less specif- the lawsuit are unduly vague or unsubstan- disclosure of personal, ic a request, the more appropriate it is to tiated in nature.” See Balboa Threadworks, privileged and non- shift the costs of production to that party. 2006 U.S. Dist. LEXIS 29265, at *8-9; cf. See id. at 429. Zubulake v. UBS Warburg, LLC, 229 relevant documents. Agree on a protocol. Agreeing on a F.R.D. 422, 432 (S.D. N.Y. 2004) (sug- search protocol can help prevent the dis- gesting that “when the opposing party pro- closure of personal, privileged and non- pounds its document requests, the parties could negotiate a list relevant documents. See Hoover v. Florida Hydro, Inc., No. 07- of search terms to be used in identifying responsive documents, 1100 Section: “B” (4), 2008 U.S. Dist. LEXIS 87839 (E.D. La. and counsel would only be obliged to review documents that October 1, 2008) (denying motion to quash subpoena for came up as ‘hits’ on the second, more restrictive search”). request of forensic computer inspection of personal computer

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upon agreement of search protocol); In re Simon Prop. Group, L.P., 194 F.R.D. at Ford Motor Co., 345 F.3d 1315, 1317 (11th 641. The expert should notify the request- Cir. 2003) (appellate court reversed district ing party the information has been pro- court’s order compelling direct access to duced. See Ameriwood, 2006 U.S. Dist. producing party’s databases after the dis- LEXIS 93380, at *19. trict court failed to establish a protocol or search terms thereby permitting unwar- c. Disclosure. After counsel for the produc- ranted, unfettered access). ing party obtains the copies and images, To formulate a protocol, parties should counsel should review the records for privi- “meet and confer” and should “rely heavi- lege and responsiveness. All responsive, ly” on their computer experts. See Balboa After counsel for the non-privileged documents should be sent Threadworks v. Stucky, No. 05-1157-JTM- the requesting party. See id. at *20. A privi- DWB, 2006 U.S. Dist. 29265 (D. Kan. producing party lege log that complies with Rule Mar. 24, 2006); see also D’Onofrio v. SFX 26(b)(5)(A) of the Federal Rules of Civil Sports Group, Inc., 256 F.R.D. 277 obtains the copies Procedure should be included. See id. (D.D.C. 2009) (chastising parties who If the requesting party raises a dispute were unable to cooperate to establish a and images, counsel about relevant documents or challenges to protocol so court established one for should review the privilege and after the parties “meet and them). Most protocols involve variations confer” as required by Rule 26, only then of three steps: 1) imaging; 2) recovery; records for privilege can the requesting party file a motion to and 3) disclosure. See Ameriwood Indust. compel. See id. at *20-21. In the alterna- Inc. v. Liberman, No. 4:06CV524-DJS, and responsiveness. tive, the requesting party’s counsel may 2006 U.S. Dist. LEXIS 93380 (E.D. Mo. review the documents found in the search Dec. 27, 2006); Playboy Enter. v. Welles, on an attorneys’-eyes-only basis. See Rowe 60 F. Supp. 2d 1050, 1054 (S.D. Cal. 1999). Ent., 205 F.R.D. at 433. Counsel should then identify the relevant documents and provide them to the producing a. Imaging. Some courts order the party seeking e-discovery to party’s counsel. See id. The producing party’s counsel can select an expert trained in data recovery. See Ameriwood, then object to any documents that are confidential and 2006 U.S. Dist. LEXIS 93380, at *19. The expert should be assert any appropriate privilege. See id. In Rowe, the court able to produce a mirror image of all the computers and noted that any document reviewed by attorneys’ eyes only portable or detachable hard drives. See id. Once the expert is did not waive privilege or confidentiality. See id. selected, the producing party should be notified. See id. Importantly, the expert then should execute a confidentiality d. Role. The role of the computer forensic expert in the proto- agreement agreed upon by the parties. See id. The work per- col can vary. The computer forensic expert either remains formed by the expert should be performed in a reasonably the expert of the requesting party or becomes an officer of convenient time and place—such as after hours so as not to the court. See G.K. Las Vegas Ltd. P’ship v. Simon Prop. disrupt the producing party’s business. See id.; Simon Prop. Group, Inc., 671 F. Supp. 2d 1203 (D. Nev. 2009). When Group, L.P. v. mySimon, Inc., 194 F.R.D. 639, 641 (S.D. Ind. the expert becomes an officer of the court, both parties 2000). Typically, only the expert and his or her employees agree on the independent expert. See id. The independent are permitted to inspect the producing party’s computer and expert agrees to be bound by a protective order before equipment. See Ameriwood, 2006 U.S. Dist. LEXIS 93380, beginning the search protocol. Any relevant documents dis- at *17. covered are first provided to the producing party for review After the inspection, copying and imaging of each piece and objection. See id. at 1220-21. The documents, along of computer equipment, the expert should provide the par- with the producing party’s privilege log, are then submitted ties with a description of each piece of equipment pro- to the court for in-camera review and an order for produc- duced and the expert’s actions regarding each piece. The tion of relevant, non-privileged documents. See id. at 1221. description should include details on the computer equip- However, if the expert becomes an officer of the court, ment such as the manufacturer, make, model, model num- any discussion with the expert must have all parties involved ber, and serial number. See id. at *18. and not be ex parte. See id. (holding expert’s independence was compromised after requesting party engaged in multiple b. Recovery. After the expert creates copies and images of the ex parte conversations and therefore requesting party forfeit- hard drives, he or she should provide the recovered docu- ed opportunity to have independent forensic examination ments (including those which may have been “deleted”) to and all documents were returned to producing party). the producing party in “a reasonably convenient and searchable form.” See id. If possible, the expert should Keyword searches. After the protocol has been established, identify to the producing party the information indicating counsel should meet with the client and the computer forensic when any recovered “deleted” file was deleted and the expert to determine which words or “key words” will be used to available information about the deletion. See id. at *19; see search the imaged computers.

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While it is universally acknowledged should destroy the records and provide that keyword searches are useful tools written confirmation of the destruction. for search and retrieval of ESI, all key- See Simon Prop. Group, 194 F.R.D. at word searches are not created equal; 642. and there is a growing body of litera- The Federal Rules of Civil Procedure ture that highlights the risks associated require, under both Rule 26 and Rule 37, with conducting an unreliable or inade- the parties to confer in good faith to quate keyword search or relying exclu- resolve discovery disputes. During litiga- sively on such searches for privilege tion, e-discovery can be less costly if the review. parties work through their differences and agree on the terms of their e-discovery Victor Stanley, Inc. v. Creative Pipe, Inc., During litigation, production and responses. Whether it 250 F.R.D. 251, 256-257 (D. Md. 2008). e-discovery can be involves the terms of the protocol, the In selecting key words to use in a search, scope of the expert’s role, the key words to attorneys should work closely with com- less costly if the be used or the means of production, meet- puter forensic experts. See United States v. ing and conferring saves everyone time O’Keefe, 537 F. Supp. 2d 14, 24 (D.D.C. parties work and, ultimately, money. ▲▼▲ 2008) (noting the complexity of keyword searches as they involve the interplay of through their technology, linguistics and statistics and therefore computer experts, not lawyers differences and and judges, should determine sufficiency and efficacy of search terms); cf. Gross agree on the terms Constr. Assocs., Inc. v. American Mfrs. of their e-discovery Mu. Ins. Co., 256 F.R.D. 134 (S.D.N.Y. 2009) (Mag. A.J. Peck) (opining lawyers production and should work closely with client in design- ing keyword search). At least one court responses. noted with disapproval the requesting party’s failure to provide information as to the key words used, the rationale for selection, the qualifications for the persons selecting the key words, and whether any analysis was performed to test the reliability of the keyword search. See Creative Pipe, Inc., 250 F.R.D. at 260 (holding keyword searches require technical if not scientific knowledge); see also Jenna M. Bedsole is a shareholder with Lloyd In re Seroquel, 244 F.R.D. at 662 (recognizing keyword search- Gray Whitehead & Monroe PC. She practices es as a method to identify documents but “[m]ust be a coopera- in the areas of employment and education law. tive and informed process.”). Keyword searches can be an effec- Bedsole is a graduate of the University of tive way to avoid the production of privileged documents, but if Alabama School of Law. a keyword search is selected it should be tested for quality assurance to show that it was properly implemented. See Creative Pipe, at 262. On occasion, courts require parties to “meet and confer” to agree on supplemental search terms and phrases. See Mintel Int’l Group, Ltd. v. Neerghen, No. 08 CV 3939, 2008 U.S. Dist. LEXIS 93694 (N.D. Ill. 2008) (third party was required to com- John Mallery, president of Mallery Technical ply with subpoena requesting that it search its computers using Training and Consulting, Inc., has been agreed-upon search terms, while request for forensic mirror involved in the information technology industry image was denied); see In re Seroquel, 244 F.R.D. at 662 (sanc- for 15 years, focusing primarily on computer tioning party for determining key words in “secret” and failing security and computer forensics. He has to meet and confer with opposing counsel). Again, meeting and worked as both a consulting and testifying conferring with opposing counsel to resolve differences over expert, and has been involved in numerous key words will save time—both yours and the court’s. landmark e-discovery decisions, including Balboa v. Stucky, Universal Engraving v. Duarte After the Litigation and White v. Graceland College. He is co-author of Hardening Network The expert should maintain a copy of the mirror images and Security and has published more than 40 articles on computer security all recovered data and documents until the agreed upon time and computer forensics issues. He currently provides training and con- after the litigation concludes. See Ameriwood, 2006 U.S. Dist. sulting services to lawyers, internal IT departments and litigation sup- LEXIS 93380, at *17-18. After the agreed upon time, the expert port professionals. Contact him at [email protected].

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Th e s tate of inc or po ra ti on or o rg an iz at io n g e n e r a l ly h a s th e

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The Internal Affairs Doctrine in Alabama By Jay M. Ezelle and C. Clayton Bromberg, Jr.

he Alabama Supreme Court’s director, president, or other officer, recent opinion in Ex parte and is the act of the corporation, T Bentley1 helps clarify the choice whether acting in stockholder’s of law determination for internal disputes meeting, or through its agent, the of foreign companies. Although Alabama board of directors, that then such has long recognized the principle that the action is the management of the law of the state of incorporation governs internal affairs of the corporation…3 internal corporate relationships, Alabama The purpose of the Internal Affairs courts have occasionally applied Alabama Doctrine is to prevent inconsistent regula- law to the internal affairs of a business. tions of business in different states.4 The Therefore, counsel involved in a business doctrine protects the expectations of those dispute must be diligent to ensure that the involved with the internal affairs of the court makes the correct choice of law business by providing a level of pre- determination. Bentley, as well as the dictability regarding the law that governs decisions cited therein, provides strong the business. Much like the terms of a precedent that internal business disputes contract that sets forth governing law, and should be decided based on the law of the therefore provides the parties a greater state of organization. level of predictability as to how the con- tractual terms will be interpreted, apply- Internal Affairs ing the law of the organizational forum provides a greater level of certainty of the Doctrine legal obligations of those who choose to A business is free to organize itself under be a part of a business organization. Almost every state employs some ver- the law of any state regardless of where it 5 will be physically located or where it will sion of the Internal Affairs Doctrine. One transact business. The state of incorpora- of the leading cases on the Internal Affairs VantagePoint Venture Partners tion or organization generally has the Doctrine is 1996 v. Examen, Inc 6 VantagePoint exclusive right to regulate the “internal . In , affairs” of the business. This exclusive the Delaware Supreme Court set forth right is known as the Internal Affairs three reasons for the application of the Doctrine. 2 The Alabama Supreme Court Internal Affairs Doctrine without excep- has defined “internal affairs” as follows: tion. First, there is strong precedent from both the Delaware Supreme Court and the [W]here the act complained of United States Supreme Court supporting affects the complainant solely in his the Internal Affairs Doctrine. The capacity as a member of the corpo- Delaware Supreme Court held that it “[i]s ration, whether it be as stockholder, a long-standing choice of law principle

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which recognizes that only one state held that the laws of Delaware regulated should have the authority to regulate a the relationship among shareholders in a corporation’s internal affairs—the state of corporation formed under the laws of the incorporation.”7 state.12 In Massey v. Disc Mfg., Inc., the Second, the Internal Affairs Doctrine is Alabama Supreme Court stated that “the supported by important public policy established rule of conflicts law is that because it “prevent[s] corporations from the internal corporate relationship is gov- being subjected to inconsistent legal erned by the law of the state of incorpo- standards...” and provides certainty and ration.”13 Likewise, the Internal Affairs predictability. 8 The Delaware Supreme Doctrine is adopted by statute in Court also relieved heavily on the United Alabama. Alabama Code § 10-2B-15.05 States Supreme Court’s discourse on the precludes any attempt by the State “[t]o public policy underpinning the Internal regulate the organization or the internal Affairs Doctrine: affairs of a foreign corporation authorized to transact business in [Alabama].”14 It thus is an accepted part of the Nevertheless, there have also been business landscape in this country lawsuits involving the internal affairs of for States to create corporations, to a business organized in another state in prescribe their powers, and to which the Alabama Supreme Court chose define the rights that are acquired to apply Alabama law—not the law of by purchasing their shares. A State the state of incorporation. For example, has an interest in promoting stable in Galbreath v. Scott,15 the Alabama relationships among parties Supreme Court applied Alabama law to a involved in the corporations it dispute between shareholders of a charters, as well as in ensuring that Florida corporation without any discus- investors in such corporations have sion of choice of law issues. The likely an effective voice in corporate explanation is that the parties failed to affairs.9 seek the application of foreign law.16 Nevertheless, Third, the Delaware Supreme Court In a recent decision, Ex parte held in VantagePoint that application of Bentley,17 the Alabama Supreme Court the Internal Affairs Doctrine is mandato- affirmed its recognition of the Internal there have also been ry under the Fourteenth Amendment Due Affairs Doctrine. The plaintiffs in the Process Clause because “[d]irectors and underlying action, Cobalt BSI Holding, lawsuits involving officers of corporations ‘have a signifi- LLC (“Cobalt”), a Delaware limited lia- cant right…to know what law will be bility company based in Nevada, and applied to their actions’ and ‘stockhold- Intergraph Corporation (“Intergraph”), a the internal ers…have a right to know by what stan- Delaware corporation based in Alabama, dards of accountability they may hold sued Bentley Systems Incorporated those managing the corporation’s busi- (“BSI”), a Delaware corporation based in affairs of a ness and affairs,’” and under the Pennsylvania, and Gregory S. Bentley, Commerce Clause because “[a] state ‘has Keith A. Bentley, Barry J. Bentley, business organized no interest in regulating the internal Raymond B. Bentley, and Richard P. affairs of foreign corporation.’”10 In fact, “Scott” Bentley (“the Bentley brothers”), the Delaware Supreme Court held that residents of Pennsylvania, in Madison in another state, in the only time that application of the County Circuit Court, both directly and Internal Affairs Doctrine is not required derivatively as shareholders of BSI.18 which the Alabama is the rare instance when “‘the law of the The action challenged an incentive- state of incorporation is inconsistent with compensation plan, alleged that the a national policy on foreign or interstate Bentley brothers were operating BSI as Supreme Court commerce.’”11 their corporate alter ego and requested removal of the Bentley brothers from any chose to apply managerial or directorial position at Internal Affairs BSI.19 The defendants filed a motion to Doctrine in dismiss, asserting that (1) Delaware was Alabama law—not a more appropriate forum for the lawsuit Alabama under the doctrine of forum non conveniens, (2) an Alabama court may not The State of Alabama has adhered to the law of the state interfere with the internal affairs of a the Internal Affairs Doctrine since 1921, Delaware corporation and (3) the court when the Alabama Supreme Court first of incorporation. lacked personal jurisdiction over the

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Bentley brothers.20 The trial court denied ship.”31 In fact, the Bankruptcy Court the motion to dismiss, and defendants looked to Delaware law regarding the filed a petition for writ of mandamus scope of the Internal Affairs Doctrine, arguing that the case should be dismissed citing the case of McDermott Inc. v. for the same three reasons.21 The Lewis, in which the Delaware Supreme Alabama Supreme Court denied the peti- Court held that the Internal Affairs tion holding that (1) BSI was not entitled Doctrine governed choice-of-law deter- to dismissal on forum non conveniens minations involving “[t]hose activities grounds, 22 (2) the Internal Affairs concerning the relationships inter se of Doctrine did not deprive the court of the corporation, its directors, officers and jurisdiction over defendants and (3) shareholders.”32 Second, the Bankruptcy Alabama courts had personal Court also recognized important public jurisdiction23 over the Bentley brothers.24 policy concerns in determining which In deciding the issue of personal juris- state’s law should govern. Specifically, it diction, the Alabama Supreme Court cited the following analysis of the policy engaged in an in-depth discussion of the behind the Internal Affairs Doctrine: Internal Affairs Doctrine. The court [A]pplying local internal affairs defined the Internal Affairs Doctrine as law to a foreign corporation just “[t]he long-recognized principle that because it is amenable to process ‘[t]he courts of one state have no visitori- in the forum or because it has some al power over the corporations of another local shareholders or some other state in matters of vital concern to inter- local contact is apt to produce nal policy and management….’”25 inequalities, intolerable confusion, In Bentley, the Alabama Supreme and uncertainty, and intrude into Court quoted extensively from the the domain of other states that have United States Bankruptcy Court for the a superior claim to regulate the Northern District of Alabama’s opinion same subject matter.33 In re Chalk Line Manufacturing, Inc.26 and described Judge James S. Sledge’s Third, the Bankruptcy Court also held opinion as “[a] scholarly discussion of in Chalk Line that application of the the state of Alabama law concerning the Internal Affairs Doctrine is required internal-affairs doctrine in an analogous under the Due Process Clause, the factual context.”27 In Chalk Line, the Commerce Clause and Full Faith and Bankruptcy Court was charged with Credit Clause of the U.S. Constitution. deciding whether a shareholder or group Adopting the Delaware Supreme Court’s of shareholders in a Delaware corpora- analysis in McDermott, the Bankruptcy tion could pursue an action in an Court held: Alabama court against other shareholders Under the commerce clause Pike v. for breach of fiduciary duty, breach of Bruce Church, Inc., 397 U.S. 137, duty to disclose and minority shareholder 142 (1970), determined that a state oppression.28 In determining whether the may regulate interstate commerce shareholders could pursue the action in indirectly, but emphasized that the Alabama, the Bankruptcy Court had to burden placed upon interstate com- decide (1) which state’s law applied and merce may not be excessive in (2) whether the state’s law that did apply relation to the local interests served recognized the causes of action asserted by the regulation. In Edgar v. in the complaint.29 The Bankruptcy Court MITE Corp., 457 U.S. 624 (1982), ultimately upheld Alabama’s long stand- the Supreme Court ruled that under ing law that the Internal Affairs Doctrine the commerce clause, a state “has required the application of Delaware law no interest in regulating the inter- with regards to the claims.30 nal affairs of foreign corporations.” As the Delaware Supreme Court did in Id. at 645-646. If that is so, then a VantagePoint, the Bankruptcy Court set court or state which attempts to forth three reasons why it should apply displace the internal affairs doc- the corporate law of the state of incorpo- trine carries a heavy burden to jus- ration in Chalk Line. First, it cited tify its actions.34 Alabama case law affirming the long- standing choice of law principle that The Bankruptcy Court also noted that “[t]he law of the state of incorporation the United States Supreme Court’s recent governs the internal corporate relation- decision in CTS Corp. v. Dynamics Corp.

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of America, 481 U.S. 69 (1987) offers Thus, the Alabama Supreme Court, additional support: through its approval of the Bankruptcy Court’s opinion in Chalk Line, reaffirmed No principal [sic] of corporation the vitality of the Internal Affairs Doctrine law and practice is more firmly in Alabama and provided a roadmap to par- established than a State’s authority ties involved in such business disputes. to regulate domestic corporations, Counsel including the authority to define the voting rights of shareholders ... Conclusion should be This beneficial free market system depends at its core upon the fact Alabama courts have strictly adhered to vigilant to raise that a corporation - except in the the Internal Affairs Doctrine when deter- the issue of the rarest situations - is organized mining issues related to corporate gover- under, and governed by, the law of nance. Bentley and Chalk Line provide a proper governing law a single jurisdiction, traditionally roadmap for the application of the Internal the corporate law of the state of its Affairs Doctrine in any case involving in accordance with incorporation.35 claims relating to the internal affairs of a business. Counsel should be vigilant to Alabama Rule of Civil The Bankruptcy Court’s scholarly opin- raise the issue of the proper governing law ion in Chalk Line, much like Vantage in accordance with Alabama Rule of Civil Procedure 44.1 so Point, provides three reasons that the Procedure 44.1 so that there is no impedi- Internal Affairs Doctrine should be uni- ment to the application of the Internal that there is no formly enforced—state law, public policy Affairs Doctrine. ▲▼▲ and constitutional concerns. Although the impediment to the Alabama Supreme Court in Bentley was only faced with the issue of whether an Endnotes application of the Alabama court had personal jurisdiction 1. No. 1081083, 2010 WL 2034943 (Ala. May 21, 2010). and, thus, found it unnecessary to adopt the Internal Affairs Doctrine. 2. Matt Stevens, Internal Affairs Doctrine: California v. entire rationale of Chalk Line, it did note Delaware in a Fight for the Right to Regulate Foreign its approval of the Chalk Line decision.36 Corporations, 48 B.C. L. Rev. 1047 (2007).

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3. Ellis v. Mutual Life Ins. Co., 187 So. 434, 443 (Ala. obligations and liabilities of, or chargeable to, the telephone conferences in this State; and [. . .] ha[d] 1939) (citations omitted). partnership or another partner or partners, shall be traveled to this State on many occasions.” See id. at subject to and governed by the laws of the jurisdic- *11. Furthermore, the court looked to the fact that the 4. First Nat’l City Bank v. Banco Para El Comercio tion in which such foreign registered limited liability Bentley brothers had been involved in prior litigation Exterior de Cuba, 462 U.S. 611, 621 (1983) (holding partnership was formed.”); Ala. Code § 10-12-46 concerning BSI in Alabama and that BSI’s second that application of the law of the state of incorpora- (“[t]he laws of the state or other jurisdictions under largest office was located in Alabama. See id. tion “[a]chieves the need for certainty and pre- which a foreign limited liability company is organized dictability of result while generally protecting the 24. See id. at *4-12. govern its organization, its internal affairs, and the justified expectations of parties with interests in the liability of its members.”). 25. Id. at *6 (citing Ellis v. Mutual Life Ins. Co. of New corporation.” (citing Restatement (Second) of Conflict York, 187 So. 434, 444 (Ala. 1939) (quoting Hoglan v. of Laws § 302, comments a and e (1971)). 15. 433 So. 2d 454 (Ala. 1983). Moore, 122 So. 824, 828 (Ala. 1929))). 5. The Internal Affairs Doctrine: Theoretical 16. The controlling procedural rule relating to timing of 26. No. 93-42773(11), 1994 WL 394978 (Bkrtcy. N.D. Ala. Justifications and Tentative Explanations For Its raising a choice-of-law issue is Alabama Rule of Civil 1994). Continued Primacy, 115 Harv. L. Rev. 1480 (2002). Procedure 44.1, which provides: California is the notable exception as it enacted a 27. 2010 WL 2034943, at *6. A party who intends to raise an issue concerning the statute that regulates the internal affairs of foreign law of another state or of any territory or dependen- corporations if: (1) more than one-half of its property 28. 1994 WL 394978, at * 2. cy of the United States or of a foreign country shall assets, sales revenue and payroll expenses are locat- give notice by pleadings or other reasonable written 29. Id. ed in California and (2) more than one-half of its vot- notice. The court, in determining such law, may con- ing securities are held by people with California 30. Id. at *7. sider any relevant material or source, including testi- addresses of record. Cal. Corp. Code § 2115(a). mony, whether or not submitted by a party or admis- 31. Id. at *2 (citations omitted). 6. 871 A.2d 1108, 1113 (Del. 2005) (holding that “it is sible under the Alabama Rules of Evidence. The 32. Id. (citing 531 A.2d 206, 214 (Del. 1987)). now well established that only the law of the state court’s determination shall be treated as a ruling on a of incorporation governs and determines issues relat- question of law. 33. Id. at *7 (citing P. John Kozyris, Corporate Wars and ing to a corporation’s internal affairs.”). Choice of Law, 1985 Duke L.J. 1, 98 (as cited in Ala. R. Civ. P. 44.1. McDermott, 531 A.2d at 216)). 7. Id. at 1112 (citing McDermott, Inc. v. Lewis, 531 A.2d 17. 2010 WL 2034943 (Ala. May 21, 2010). 206, 215 (Del. 1987)); see also Edgar v. MITE Corp., 34. Id. at *6. 457 U.S. 624, 645 (1982). 18. Id. at *1. 35. Id. at *6 (quoting 481 U.S. at 88). 8. Id. at 1112-1113. 19. Id. 36. 2010 WL 2034943, at *10. 9. CTS Corp. v. Dynamics Corp. of Am., 481 U.S. 69, 91 20. Id. at *3. (1987) 21. Id. 10. 871 A.2d at 1113 (quoting McDermott, 531 A.2d at 216-217) (quoting in turn Edgar, 457 U.S. at 645-646). 22. The court held that BSI was not entitled to dismissal of the action on forum non conveniens grounds when 11. Id. (quoting McDermott, 531 A.2d at 216-217 (quoting BSI maintained an office in Alabama that employed in turn CTS, 481 U.S. at 90)). over 120 people, more than 130 shareholders lived in Alabama, BSI held board meetings and distributed 12. See Boyette v. Preston Motors Corp., 89 So. 746 (Ala. financial statements in Alabama, and there was no 1921). evidence that any of the acts that gave rise to the Jay M. Ezelle 13. 601 So. 2d 449, 454 (Ala. 1992) (citations and inter- dispute occurred in another state. See id. at *4-5. received his under- nal quotation marks omitted). 23. The court held that it had personal jurisdiction over graduate degree from 14. Ala. Code § 10-2B-15.05. See also Ala. Code § 10- the Bentley brothers when they had “[s]ent many thou- Rhodes College in 8A-1009 (“[i]t is the policy of this state that the inter- sands of written and electronic communications to 1995 and his Juris nal affairs of foreign registered limited liability part- Alabama in furtherance of their interests in BSI; [had] Doctorate at the nerships, including the liability of partners for debts, made numerous telephone calls to and participated in University of Alabama School of Law in 1999. He is a partner at Starnes Davis Florie LLP in BP Filing Deadline Birmingham.

The vast majority of lawsuits filed against BP, and the other entities involved C. Clayton Bromberg, in the Deepwater Horizon incident and resulting oil spill, have been consoli- Jr. received his dated in a proceeding in federal court in Louisiana. If persons and entities undergraduate degree having claims against these parties have not asserted their claims by April 20, from the University of 2011, some or all of their claims may be forever barred. Filing a claim with the North Carolina at Gulf Coast Claims Facility (Feinberg’s process) does not constitute filing a Chapel Hill in 2004 claim in this court action. and his Juris The U.S. District Court, Eastern District of Louisiana, has allowed the joinder Doctorate at the University of in the action (the filing of a claim) via a short form. Alabama School of Law in 2007. He is an The deadline to file claims in the BP lawsuit pending as an MDL is associate at Starnes Davis Florie LLP in April 20, 2011. Birmingham.

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the lawyer represents the personal representative individually, 1

the lawyer represents the individual who hired him to assist Generally, the administration or probate of When a lawyer is retained to assist in he discovers ethical responsibility when that the per- What is a lawyer’s representation of a duties upon undertaking must comply with certain rules of professional conduct. If the fiduciary or risk violating certain that he has undertak- notice, it could be found lawyer failed to give such en to represent both the fiduciary and the beneficiaries of the estate. ANSWER #1: estate. If that personin the administration or probate of the has only one the lawyer represents only that person, unless role and is not a fiduciary, the client and lawyer agree otherwise. If the person is the personal representative, an estate, whom does the lawyer represent? #2: QUESTON sonal representative estate funds or property? has misappropriated #1: QUESTION lawyer the As a result, if the client is the personal representative only, must advise the heirs and devisees (“beneficiaries”) and other interested only client is in the estate known to the lawyer that the lawyer’s parties the personal 4.3. representative violating Rule in order to avoid The unless the personal representative and lawyer agree otherwise. lawyer must be careful not to give the impression, either by affirmative action or omission, that he also represents of an Representation Identity Estate and Client

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ANSWER #2: DISCUSSION: When a lawyer has actual knowledge that the person- The Office of General Counsel frequently receives al representative has misappropriated estate funds, the phone calls from lawyers requesting ethics opinions lawyer’s first duty is to remonstrate with the personal concerning the representation of an estate. In explain- representative in an effort to convince the personal rep- ing the ethical dilemma the lawyer is facing, the lawyer resentative to either replace the misappropriated funds often refers to himself as “representing the estate.” The or to inform the court of the personal representative’s lawyer then describes a situation in which the interests misappropriation. If the personal representative refuses of the estate or the fiduciary for the estate or a benefici- to do so, the lawyer should withdraw from the matter ary may be in conflict. Often, whether a conflict of inter- and, upon withdrawal, ask the court to order an est exists is entirely dependent on who the lawyer actu- accounting of the estate. ally represents in regard to the estate. Additionally, the

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Alabama State Bar sometimes receives complaints filed The Disciplinary Commission is also aware that the against the lawyer by the beneficiaries of the estate or Office of General Counsel has given recent informal the fiduciary of the estate. In those cases, identifying opinions concerning this issue. In their informal opin- the true client often will determine whether the lawyer ions, the Office of General Counsel has opined that the has breached any ethical duties. As a result, defining client is the estate. The lawyer represents the estate by the lawyer’s actual client in an estate or probate matter acting for and through the fiduciary of the estate for the is critical in determining whether a conflict of interest ultimate benefit of the beneficiaries of the estate. may exist and what duties a lawyer owes to the fiduci- Because the lawyer is retained by the personal repre- ary and beneficiaries of the estate. sentative to represent the estate and because the per- The Disciplinary Commission has never directly sonal representative is legally required to serve the addressed the issue of who the lawyer represents when beneficiaries, the lawyer also has an obligation to the assisting in the administration or probate of an estate. beneficiaries. This relationship has been characterized At best, the Disciplinary Commission indirectly as one where the fiduciary is not the only client, but addressed the issue in RO 1989-105, in which the merely the “primary client,” while the beneficiary is the Commission was asked to provide a formal opinion on “derivative client.” In some situations where there is a a lawyer’s ethical duties when an executrix absconded sole beneficiary of the estate, that beneficiary (ostensi- with the assets of the estate. In that situation, the bly a non-client) may be entitled to the loyalty of the lawyer prepared a will for a client who subsequently lawyer to much the same extent as the fiduciary. passed away. Upon the client’s death, the lawyer was In light of the lack of clarity as to the identity of the asked by the deceased client’s widow to probate her true client and the lawyer’s resulting professional husband’s will which named her as executrix. The testa- responsibilities, the Disciplinary Commission has deter- tor was survived by his widow, an adult son and a mined that it is necessary to issue a formal opinion on minor son. After the lawyer assisted the executrix in the matter to provide greater guidance to lawyers prac- collecting the assets of the estate, including cash, the ticing in the area of estates and trusts. executrix moved to Tennessee, taking with her the cash There are three theories regarding the identity of the assets of the estate. Thereafter, the executrix refused to client when a lawyer handles an estate. The American communicate any further with the lawyer. The lawyer Bar Association, in Formal Opinion 94-380, recognized requested an opinion as to whether he could disclose that the majority view is that the lawyer represents only the executrix’s actions to the other beneficiaries of the the personal representative or fiduciary of the estate estate or to the court. and not the beneficiaries of the estate, either jointly or Relying on the former Code of Professional individually. In reaching a similar conclusion, a number Responsibility, the Disciplinary Commission opined that of other state bars have relied, in part, on state law that the lawyer should first call upon the client to rectify the indicated that an estate is not a separate legal entity. In fraud and, if the client refused, then the lawyer should Ethics Opinion No. 91-2, the Alaska State Bar noted that withdraw from the matter. The Disciplinary Commission an estate is “for probate purposes a collection of assets went on to state that under the disciplinary rules, the rather than an organization, and is not an entity lawyer had an obligation not to disclose the confi- involved in the probate proceedings.”3 In Formal dences and secrets of the client. Therefore, the lawyer Opinion 1989-4, the Delaware State Bar also concluded could not disclose the executrix’s apparent fraud to the that under state law, the term “estate” only referred to beneficiaries or the court. While not directly addressing the actual property of the decedent and did not have an the issue of client identity, it is clear that the independent legal existence. As such, the Delaware Disciplinary Commission considered the executrix to be State Bar concluded that the estate could not be a the lawyer’s sole client. “client” under their rules of professional conduct.

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A number of state courts have also held that the a lawyer-client relationship with either the fiduciary or lawyer’s sole client is the fiduciary of the estate. beneficiaries of the estate.5 One argument in favor of However, most of these decisions arise in the context of this position is that estates and trusts are treated as malpractice litigation and not as a result of an ethical dis- separate legal entities for taxation purposes and, there- pute. For example, in Spinner v. Nutt, 631 N.E.2d 542 fore, an estate or trust is a recognizable legal entity.6 (Mass. 1994), the Supreme Court of Massachusetts held Under this approach, the fiduciary of the estate is mere- that the lawyers for two trustees of a testamentary trust ly an agent of the entity.7 owed no duties of care to the beneficiaries of the trust. In Other courts have adopted the entity theory of repre- Spinner, beneficiaries of a testamentary trust sued the sentation for other reasons. In Steinway v. Bolden, the lawyers for the trustees of the trust after the trustees Michigan Court of Appeals, in adopting the entity theo- allowed the value of the trust to decline. The court deter- ry or representation, noted that the lawyer is paid by mined that the lawyers’ only clients were the trustees the estate and not the personal representative: and, therefore, the lawyers were insulated from any lia- We conclude that the clear intent of the Revised bility as a result of the trustees’ actions.4 In Goldberg v. Probate Code and of the court rules is that, Frye, the California Court of Appeals stated as follows: although the personal representative retains the While the fiduciary, in the performance of this attorney, the attorney’s client is the estate, rather service, may be exposed to the potential of mal- than the personal representative. The fact that the practice (and hence is subject to surcharge when probate court must approve the attorney’s fees for his administration is completed), the attorney, by services rendered on behalf of the estate and that definition, represents only one party, the fiduciary. the fees are paid out of the estate further supports It would be very dangerous to conclude that the this conclusion. attorney, through performances of service to the 185 Mich. App. 234, 238 (Mich. Ct. App. 1990).8 The administrator, and by way of communication to Illinois Court of Appeals has also adopted the entity estate beneficiaries, subjects himself to claims of theory of representation. Grimes v. Saikley, 904 N.E.2d negligence from the beneficiaries. The beneficiaries 184 (Ill. Ct. App. 2009). are entitled to even-handed administration by the The third view holds that the lawyer jointly represents fiduciary. They are not owed a duty directly by the the fiduciary and beneficiaries of the estate. This view of fiduciary’s attorney. estate representation has been most prominently advo- 217 Cal. App. P.3d 1258, 1268 (1990). Likewise, other state cated by Geoffrey C. Hazard, Jr. and W. William Hodes in courts have also determined that a lawyer’s only client is The Law of Lawyering, § 57.3, 4. 3rd Edition (2005), in the fiduciary of the estate. See, Huie v. DeShazo, 922 which the authors argue the following: S.W. 2d 920 (Tex. 1996); The Estate of Fogelman v. Fegen, Where the lawyer’s client is a fiduciary, however, 3 P.3d 1172 (Ariz. 2000); In re Estate of Wagner, 386 there is a third party in the picture (namely the N.W.2d 448, 450 (Neb. 1986). beneficiary) who does not stand at arm’s length The second approach to client identity in estate repre- from the client; as a consequence, the lawyer also sentation holds that the client is the estate itself. This cannot stand at arm’s length from the beneficiary. view is identical to the entity theory of representation Clients with such responsibilities include trustees, most commonly employed under Rule 1.13, Ala. R. Prof. partners, vis-à-vis other partners, spouses, corpo- C., when representing businesses and corporations. rate directors and officers vis-à-vis their corpora- Under this approach, the lawyer represents the “estate” tions, and many others, including parents. In the as a freestanding legal entity. The lawyer does not have situations posited, because the lawyer is hired to

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represent the fiduciary and because the fiduciary is Florida Rule of Professional Conduct 4-1.7, which speci- legally required to serve the beneficiary, the lawyer fies that the personal representative is the client, the must be deemed employed to further that service Comment to rules 1.2 and 1.7, Ala. R. Prof. C., does not as well. provide a clear answer as to the identity of the client in It is only a small additional semantic step, and estate representation. Rather, the Comment to rules 1.2 not a large analytic one, to say that in such situa- and 1.7, Ala. R. Prof. C., states as follows: tions the fiduciary is not the only client, but merely the “primary” client. [Footnote omitted] In this Rule 1.2. Scope of Representation view, the beneficiary is the “derivative” client. The Comment beneficiary, strictly speaking a non-client, may be * * * entitled to the loyalty of the lawyer almost as if he Where the client is a fiduciary, the lawyer may were a client. [Footnote omitted] be charged with special obligations in dealings A number of consequences follow from adopting with a beneficiary. the derivative client approach to representation of Rule 1.7. Conflicts of Interest a fiduciary. First, the lawyer’s obligation to avoid Comment participating in a client’s fraud . . . is engaged by a * * * more sensitive trigger. The fiduciary is subject to a Conflict questions may also arise in estate plan- high standard of fair dealing as regards the benefi- ning and estate administration. A lawyer may be ciary, but may face temptation to engage in called upon to prepare wills for several family improper overreaching. The lawyer therefore faces members, such as husband and wife, and, a correspondingly greater risk of being implicated depending upon the circumstances, a conflict of in the fiduciary’s misconduct, and also has a interest may arise. In estate administration the greater duty to ensure that the purpose of the rep- identity of the client may be unclear under the law resentation is not subverted. of a particular jurisdiction. Under one view, the client is the fiduciary; under another view, the Hazard & Hodes, The Law of Lawyering, § 2.7, 2-11 3rd client is the estate or trust, including its benefici- Edition (2005). The derivative client approach as aries. The lawyer should make clear the relation- described above is most closely akin to that of where ship to the parties involved. an insurance company hires a lawyer to represent one of its insureds. In Mitchum v. Hudgens, 533 So.2d 194 Many other state bars that have addressed this issue (Ala. 1988), the Alabama Supreme Court described that have often relied on case law or statutes to reach a relationship as follows: “When an insurance company definitive resolution. Unfortunately, the appellate courts retains an attorney to defend an action against an in Alabama appear to have never directly addressed the insured, the attorney represents the insured as well as issue. However, the courts in Alabama have issued a 9 the insurance company in furthering the interests of “few instructive cases.” In Wilkinson v. McCall, 23 each.” Id. at 198. However, where a conflict arises So.2d 577, 580 (Ala. 1945), the Supreme Court of between the interests of the insured and insurer, “the Alabama noted that “[i]t is true usually that the execu- primary obligation is to the insured.” Lifestar Response tor employs counsel in his personal, not his representa- of Alabama, Inc. v. Admiral Ins. Co., 17 So.3d 200, 217 tive capacity . . .” In Smelser v. Trent, 698 So.2d 873 (Ala. 2009). (Ala. 1976), the court stated “[a] personal representative The Alabama Rules of Professional Conduct do not . . . has the power to hire attorneys to assist him in the determine whether an attorney-client relationship has administration of the estate.” Id. at 1096. been formed. Likewise, they do not identify a lawyer’s The supreme court’s holding is supported by various client in an estate administration. Unlike the Comment to statutes in the Alabama Code of 1975. For instance,

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§ 43-2-682, Ala. Code 1975, which allows a fiduciary or While recognizing that the estate was the client in a lawyer to be compensated from the assets of the wrongful death lawsuit, the court also indicated that the estate, states, in pertinent part, as follows: lawyer had no ethical duty to consult with the beneficiaries of the estate. Upon any annual, partial or final settlement Finally, in Robinson v. Benton, 842 So.2d 631 (Ala. made by any administrator or executor, the court 2002), the beneficiaries of an estate sued a lawyer for having jurisdiction thereof may fix, determine and failing to destroy the will of the testator. In Benton, the allow an attorney’s fee or compensation… to be lawyer drafted a will for a client. Sometime later, the paid from such estate to attorneys representing client delivered the will to the lawyer and asked him to such administrator or executor… destroy the will for the purpose of revoking it. The (emphasis added) Additionally, § 43-2-843(17), Ala. lawyer failed to follow the client’s wishes and the client Code 1975, allows a personal representative to subsequently passed away. As a result, the will was “[e]mploy necessary persons, including… attorneys… later submitted for probate. The heirs and beneficiaries to advise or assist the personal representative in the of the client sued the lawyer, claiming that had he fol- performance of administrative duties….” Along with lowed the client’s instructions, the beneficiaries would McCall, these statutes indicate that a lawyer is hired by have received a larger portion of the estate. In rejecting the fiduciary to represent the fiduciary in his individual the beneficiaries’ claims, the Supreme Court of capacity. More recently, the Supreme Court of Alabama Alabama declined to change the law in Alabama “that has stated that “a personal representative… has the bars an action for legal malpractice against a lawyer by power to hire attorneys to assist him in the administra- a plaintiff for whom the lawyer has not undertaken a tion of the estate.” Smelser v. Trent, 698 So.2d 1094, duty, either by contract or gratuitously.” The Disciplinary 1096 (Ala. 1997). Commission finds the holding in Robinson instructive In Mills v. Neville, 443 So.2d 935, 938 (Ala. 1983), the irrespective of the fact that it concerns a malpractice Supreme Court of Alabama indicated that the estate action regarding a lawyer’s liability to beneficiaries in was the client. In Mills, the lawyer who drafted the tes- estate planning and the preparation of wills. tator’s will later served as executor of the decedent’s estate. While acting as executor, the lawyer hired him- Conclusion Regarding Client Identity self to represent the estate and to pursue a wrongful- After considering the above-discussed cases, state bar death action. In upholding the lawyer’s actions, the opinions and other state cases, it is the opinion of the court stated the following: Disciplinary Commission that ordinarily, when a lawyer However much the beneficiaries are interested is hired by a personal representative to assist in the parties in the outcome of the administration of the administration of an estate, the lawyer’s sole client is 10 estate, and therefore in the ensuing litigation, it is the personal representative of the estate. As a result, the estate which is the client here, and it is the the lawyer would owe the personal representative a court which supervises and approves the duty of loyalty and confidentiality just as he would any allowances to the attorney for the estate… For other client pursuant to Rule 1.6, Ala. R. Prof. C. The fact these reasons, we are convinced that the respon- that the personal representative has obligations to the dent’s failure to consult with the minor beneficiar- beneficiaries of the estate does not in itself either ies here, if he failed to do so, did not result in a expand or limit the lawyer’s obligations to the personal violation of [the applicable rule of professional representative under the rules, nor would it impose on conduct]. the lawyer obligations toward the beneficiaries that the lawyer would not have toward other third parties.

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Upon commencement of representation, the lawyer Likewise, if a lawyer was to undertake to represent should clarify with the personal representative the role both a personal representative and a beneficiary or two of the lawyer, the scope of representation and the per- co-personal representatives in an estate matter, and the sonal representative’s responsibilities toward the parties’ interests later diverged, the lawyer would be lawyer, the court, the beneficiaries and other interested required to withdraw from the representation of each. third parties. Rule 1.7, Ala. R. Prof. C. By clearly identifying the client and advising the parties of the lawyer’s role in the mat- Lawyers’ Duties to Third Parties ter, the lawyer will be in a better position to identify and While the client ordinarily would be the personal rep- avoid possible conflicts of interests that may arise dur- resentative, the lawyer must be careful not to give the ing the course of the representation. impression, either by affirmative action or omission, that he also represents the beneficiaries of the estate. If the Duties When the Personal lawyer were to do so, it could be found that he has Representative Misappropriates Estate undertaken to represent both the personal representative Assets and the beneficiaries of the estate which could result in First, this opinion does not impose an affirmative conflicting loyalties and conflicts of interests. As a result, duty upon the lawyer to monitor or double-check all of a lawyer must comply with certain duties upon undertak- the personal representative’s actions in administering ing representation of a personal representative or risk violating certain rules of professional conduct. First and foremost, upon being hired by a personal representative to assist in the administration of an estate or trust, the lawyer should explain to the beneficiaries or other interested parties that the lawyer’s sole client in the matter is the Personal Representative, individually. A lawyer who fails to do so could be in violation of Rule 4.3, Ala. R. Prof. C., which states as follows: Rule 4.3. Dealing with Unrepresented NO MILEAGE FEE!!!

Person STATUS AVAILABLE VIA WEBSITE In dealing on behalf of a client with a person SERVING YOU THROUGHOUT ALABAMA AND BEYOND who is not represented by counsel, a lawyer shall AUTOMATED UPDATES EMAILED not state or imply that the lawyer is disinterested. FOR EACH ACTION ON YOUR CASE When the lawyer knows or reasonably should MEMBER NATIONAL ASSOCIATION OF know that the unrepresented person misunder- PROFESSIONAL PROCESS SERVERS stands the lawyer’s role in the matter, the lawyer Main Office shall make reasonable efforts to correct the 35903 Highway 280 Sylacauga Al 35150 misunderstanding. Phone: 205-995-9633 Fax: 205-995-9733

In doing so, the lawyer should explain that he does not Satellite Locations represent the beneficiaries’ individual interests in the Tuscaloosa, Birmingham, Troy & Florence matter. One suggestion has been that the lawyer consid- Locations Opening Soon er drafting an engagement letter that clearly defines the Montgomery, Huntsville, Mobile client and the scope of the lawyer’s representation. This letter then should be sent to all interested persons.

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Opinions of the general counsel Continued from page 155

the estate or to investigate whether the personal repre- representative. However, Rule 3.3, places certain obliga- sentative has wasted or misappropriated estate assets. tions on the lawyer to affirmatively disclose misconduct Rather, this opinion only imposes duties upon the by a client: lawyer once the lawyer has actual knowledge that the RULE 3.3. Candor toward the Tribunal personal representative has engaged in misconduct with estate assets. (a) A lawyer shall not knowingly: Determining the lawyer’s ethical responsibilities when (1) make a false statement of material fact or he discovers that the personal representative of the law to a tribunal; estate has misappropriated estate funds is a difficult (2) fail to disclose a material fact to a tribunal question as it calls for a balance between the lawyer’s when disclosure is necessary to avoid obligations to his client, the personal representative, and assisting a criminal or fraudulent act by the the lawyer’s obligations as an officer of the court. Rule client; or 1.6, provides as follows: (3) offer evidence that the lawyer knows to be 1.6 Confidentiality of Information false. If a lawyer has offered material evi- (a) A lawyer shall not reveal information relating to dence and comes to know of its falsity, the representation of a client unless the client con- lawyer shall take reasonable remedial sents after consultation, except for disclosures measures. that are impliedly authorized in order to carry (b) The duties stated in paragraph (a) continue to out the representation, and except as stated in the conclusion of the proceeding, and apply paragraph (b). even if compliance requires disclosure of information otherwise protected by Rule 1.6. (b) A lawyer may reveal such information to the extent the lawyer reasonably believes neces- (c) A lawyer may refuse to offer evidence that the sary: lawyer reasonably believes is false. (d) In an ex parte proceeding other than a grand (1) to prevent the client from committing a jury proceeding, a lawyer shall inform the tri- criminal act that the lawyer believes is likely bunal of all material facts known to the lawyer to result in imminent death or substantial which will enable the tribunal to make an bodily harm; or informed decision, whether or not the facts are (2) to establish a claim or defense on behalf of adverse. the lawyer in a controversy between the Pursuant to Rule 3.3(a)(2), Ala. R. Prof. C., the lawyer lawyer and the client, to establish a defense has a duty to disclose to the court any facts necessary to a criminal charge or civil claim against to avoid assisting a client who is committing an ongo- the lawyer based upon conduct in which ing, continuing criminal or fraudulent act. As the the client was involved, or to respond to Comment to Rule 3.3, Ala. R. Prof. C., states, “[t]here allegations in any proceeding concerning are circumstances where failure to make a disclosure is the lawyer’s representation of the client. the equivalent of an affirmative misrepresentation.” As Pursuant to Rule 1.6, a lawyer would not be allowed to such, the dilemma the lawyer faces is whether the per- disclose the misconduct of the personal representative sonal representative’s misappropriation of estate assets to the court, the beneficiaries or any other interested is ongoing. If so, the lawyer would have an obligation third-party without the permission of the personal to disclose such conduct to the court.

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However, more often than not, the lawyer only learns Endnotes of the misappropriation of estate assets after the fact. In 1. This opinion is limited to questions regarding the representation of a personal such situations where the misconduct is not ongoing, representative in a probate administration, except as otherwise stated. The Commission expresses no opinion herein on the duties owed by a lawyer rep- the lawyer may not disclose the prior misconduct to the resenting the trustee of an express trust, a guardian, conservator or attorney- court pursuant to Rule 1.6. As a result, the lawyer’s only in-fact. 2. Unless otherwise indicated, all references to a “Rule” herein are to the recourse is to seek to persuade the personal represen- Alabama Rules of Professional Conduct as they exist at the time this opinion tative to either replace any misappropriated funds or to is adopted. voluntarily disclose to the court the personal represen- 3. The Alaska State Bar, however, did note that for purposes of taxation, an estate is treated as an entity. tative’s misconduct. If the personal representative refus- 4. The only exception is where the lawyer conspired with, approved of or actively es to do either, then the lawyer should withdraw from engaged in fraud committed by the trustees. the representation and, upon withdrawal, request that 5. Virginia L. Blackwell, Conflicts of Interest When An Attorney Represents An Estate, 27 J. Legal Prof. 141 (2002-2003). the court order an accounting of the estate. By doing 6. However, a number of state courts have specifically held that an estate is not so, the lawyer avoids assisting the personal representa- a separate legal entity. tive in any criminal or fraudulent acts. Further, by 7. Jeffery N. Pennell, Representations Involving Fiduciary Entities: Who is the Client?, 62 Fordham L. Rev. 1319 (1994). requesting that the court order an accounting upon the 8. The Michigan Court of Appeals recently affirmed the entity theory of repre- lawyer’s withdrawal, the lawyer helps to shield himself sentation in In re Estate of Graves, 102709 MICA (Mich. Ct. App. 2009). from any accusations or allegations that he assisted or 9. Peter M. Wright, Ethics Issues Facing the Fiduciary Attorney; Sirote & Permutt PC, Birmingham, Alabama allowed the personal representative to engage in the 10. Obviously, if the lawyer is hired by a beneficiary or other interested party, the ▲▼▲ misconduct. beneficiary or interested party would be the lawyer’s client.

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Zero Tra1ve Time. Zero Hassles. UnlimitedPossibilities.

Why rrJ.vcl when you cJn save rime and money. for }'Ourself ::md rour dicnrs., ,bile sraring close ro home? The Alabama Srarc Bar offers a srarc-of-rhc-arr videoconfe rencing faciHrr for clicm m~rings. dcposiriom; and scrdemenr co11fcrencc~. For more infornurion or ro ~hednle rhe fadliry , conracr Krisri kipper ar (JJ-1)5 17~22.ti.2 or krirti.skipper@1',1b,1r.org.First houJ' free f:or fir-st-tin1.e usen. Legislative Wrap-up 159159 Jr. Lawyer Lawyer McCurley, or visit www.ali.state.al.us. L. 348-7411 contact Bob McCurley at (205) the Institute, For more information about Robert The Alabama The Alabama Cam S-14 S-35 Mobile Alabaster Cam Ward Ben Brooks Agriculture, ; the S-11 S-30 Fielding Prattville Sylacauga Judge Jerry Bryan Taylor S-10 S-27 Auburn Phil Williams Whatley Tom Rainbow City Phil Williams and ; the Fiscal Responsibility S-6 S-23 Selma Russellville Hank Sanders Roger Bedford Arthur Orr (General Fund) Taxation ; the Finance and Taylor S-3 S-22 Decatur Hill Grove Arthur Orr Marc Keahey

Ben Brooks. is ; the Constitution and Elections Committee Ben Brooks by Bryan and and

S-1 S-18 Rodger by lawyers Cam is chaired Committee In the senate, the Judiciary Members lawyers, of the senate who are listed by their senate districts, are: for this quadrennial has been Legislature Alabama in the The change legislators were not there In the house of representatives, 36 of the 105 Florence haired Birmingham Smitherman Irons Tammy by is chaired Accountability Committee ; and Whatley by Tom is chaired Committee Conservation and Forestry by senators is chaired Committee the Energy and Natural Resources Ward c by is chaired Committee Ward The New Senate Legislature The New from a changed have both houses of the legislature dramatic. Not only but the number of new majority, to a Republican Democratic majority legislators is far greater than in previous years. in 2006 of the are first-time and 31 of them legislators. In the senate, 19 of them are first-time legislators. 35 were not there in 2006 and 11

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Legislative Wrap-Up Continued from page 159

New House of The New Leadership The senate is presided over by Lt. Governor Kay Ivey Representatives of Montgomery and also led by President Pro Tem Del Members of the house who are lawyers, listed by Marsh of Anniston. They have organized the senate into their house districts, are: 20 standing committees (previously there had been 23). The house of representatives is led by Speaker Mike Hubbard of Auburn and Speaker Pro Tem Victor Gaston of Mobile. They have organized it into 23 standing committees (previously there had been 17). Of these 43 committees, only one committee chair H-1 H-3 H-16 H-27 has previously served in that capacity and that person Greg Burdine Marcel Black Daniel Boman Wes Long Florence Tuscumbia Sulligent Guntersville switched from Democrat to Republican after the November 2010 election. With this great change in leadership many of the new leaders and first-time legislators are not familiar with the Institute’s work. When the legislature created the Alabama Law Institute over 40 years ago, to assure the

H-46 H-53 H-60 H-63 legislature’s code revision agency would be free of Paul DeMarco Demetrius Juandalynn Bill Poole political pressure in their studies, the Institute was Birmingham Newton Givan Northport Birmingham Birmingham placed in a state-sponsored law school. This not only allows the Institute to prepare legislation free of Montgomery political pressure, but also to conserve costs by giving the Institute access to law professors who are experts in the field under review, to law students for research assistance and to the state’s largest H-70 H-73 H-88 H-92 law library. The Institute is composed of lawyers from Chris England Joe Hubbard Paul Beckman Mike Jones Tuscaloosa Montgomery Prattville Andalusia around the state who not only review each major draft of proposed legislation but are involved in the drafting process. These lawyers serve as volunteers, assuring Of the lawyers in the house, only Paul DeMarco is a that all aspects of the subject are considered. committee chair. He chairs the Judiciary Committee. The number of practicing lawyers in the legislature Legislative Orientation has increased slightly with 12 senators and 12 house The entire group of legislators met for the first time members. These 24 lawyers represent the University of December 6-8, 2010 in Tuscaloosa for an orientation Alabama School of Law (six), Cumberland School of conducted by the Legislative Council and the Alabama Law (six), Jones School of Law (three), Birmingham Law Institute. They were given background information School of Law (two), Miles School of Law (two), and on the state’s budget and economic outlook for the out-of-state law schools (five). foreseeable future. In addition, they were addressed by

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the new Speaker of the House Mike Hubbard, new HB 9 (Act 2010-765): Bans the transfer of campaign President Pro Tem of the Senate Del Marsh, Lt. money between political action committees, often Governor-Elect Kay Ivey, Chief Justice Sue Bell Cobb, referred to as PAC-to-PAC transfers and Governor-Elect Robert Bentley. SB 10 (Act 2010-759): Prohibits the pass-through They then convened in Montgomery where Governor appropriations from one agency to another Bob Riley had called them into Special Session for HB11 (Act 2010-762): Requires ethics training for ethics reform. elected officials and their employees in the executive, legislative and judicial branches and also requires any- Special Session one who lobbies for any of these branches to attend The six “ethics” bills that were introduced and passed annual ethics training conducted by the State Ethics in one week are: Commission SB 1 (Act 2010-763): Gives the State Ethics Commission subpoena power Regular Session 2011 SB 2 (Act 2010-761): Prohibits payroll deductions The Alabama Legislature convened March 1, 2011 for for public employee groups’ membership dues, prima- the Regular Session that must conclude by June 13, 2011. rily directed toward AEA Major issues facing the legislature are budgets, educa- SB 3 (Act 2010-760): Bans legislators from holding tion, redistricting, pensions, and healthcare costs. ▲▼▲ other state jobs. This would include legislators who are teachers working for Alabama cities, counties and the state.

The Alabama State Bar’s Pro Hac Vice (PHV) filing process has The PHV gone from paper to online. Instead of sending a check and hard copy of the Verified Application for Admission to Practice Pro Hac Vice to the ASB, an out-of-state attorney can now request Application that his or her local counsel file their PHV application through AlaFile, including electronic payment of the $300 application fee. Process Is Once local counsel has filed this motion, it will go electronically to the PHV clerk’s office at the Alabama State Bar for review. Paperless • If all of the information on the application is correct, the (and Painless!) motion will be docketed and sent electronically to the judge assigned to the case for ruling. • If the information in the application is incorrect or incom- plete, a deficiency notice will be e-mailed to the filer (local counsel). A corrected application may be resubmitted by local counsel via AlaFile. The PHV clerk will then review the corrected application and, once accepted, the motion will be docketed and sent electronically to the judge assigned to the case for ruling. Please refer to the “Step-by-Step Process” to file the PHV application in the correct location in the Alafile system. (It should no longer be filed under “Motions Not Requiring Fee”). Contact IT Support at 1-866-954-9411, option 1 and then option 4, or [email protected] with questions or comments.

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May 4th is the day to say “thank you” to these team players

Did you know that in 1996 the State of Alabama designated the Wednesday of Law Week as Legal Assistant and Paralegal day?

Paralegals are trained legal professionals who benefit their employing law firms, clients, corporations and organizations every day through the delivery of cost-effective, high-quality legal work.

On April 23, 1996, the Alabama senate perma- nently designated Legal Assistant and Paralegal Day as the Wednesday of Law Week. A resolution was signed by McDowell Lee, then-secretary of the senate.

We hope you will take the opportunity this year on May 4th to thank the paralegals in your firms and organizations. They are proud to be working with you on your legal team as professionals for the benefit of Alabamians across the state.

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Rules Governing Admission to the Alabama State Bar

IN THE SUPREME COURT OF ALABAMA The MBE will test the following subjects: Bar Examiners, in passing upon the sufficiency of March 2, 2011 Contracts, Torts, Real Property, Evidence, answers to questions propounded by it, shall be unac- ORDER Criminal Law, and Constitutional Law. quainted with the identity of the person whose answers It is ordered that Rule VI(B), Rules Governing (c) The MPT. The MPT is two 90–minute tests it is passing upon. Admission to the Alabama State Bar, be amended to covering the following skills: problem-solv- (3) Grading Examinations. Essay–examination read in accordance with the appendix attached to this ing, legal analysis and reasoning, factual questions and performance–test questions will order; analysis, communication, organization and test the applicant’s ability to reason logically, to It is further ordered that the amendment of Rule management of a legal task, and recogniz- analyze legal problems accurately, to demon- VI(B) be effective May 1, 2011. ing and resolving ethical dilemmas. strate knowledge of the fundamental principles It is further ordered that the following note from the (d) The AEE. The AEE shall not exceed three of law, to be able to apply these principles, and reporter of decisions be added to follow Rule VI(B): hours in length. This portion of the exami- to perform basic legal tasks. The grade of the “Note from the reporter of decisions: The order nation will cover subjects not tested by paper shall be measured by the reasoning amending Rule VI(B), Rules Governing the UBE. power shown as well as by the correctness or Admission to the Alabama State Bar, is pub- incorrectness of the answers. Answers to MEE (2) Legal Ethics Examination. The Multistate lished in that volume of Alabama Reporter that questions shall be analyzed and graded using Professional Responsibility Examination (“the contains Alabama cases from ___ So. 3d.” the model answers provided by the National MPRE,” see Rule VI(B)F) prepared by the Conference of Bar Examiners and according to Cobb, C.J., and Woodall, Stuart, Bolin, Parker, National Conference of Bar Examiners shall be general principles of law. Answers to AEE Murdock, Shaw, Main, and Wise, JJ., concur. used as the examination on Legal Ethics and questions shall be analyzed and graded using Professional Responsibility. APPENDIX the model answers prepared by the Board of Rule VI(B). Bar Examination An applicant must pass both the Academic Bar Bar Examiners and according to Alabama or A. Bar Examination Subjects Examination and the Legal Ethics Examination to be federal law, as appropriate. Essay–examination certified as a successful candidate. questions and performancetest questions will (1) Academic Bar Examination. The Academic Bar be scored by the Board of Bar Examiners. The Examination shall consist of the Uniform Bar B. Preparing, Conducting and Grading Examinations Board of Bar Examiners shall re-grade all the Examination (“the UBE”) and the Alabama (1) Preparing Examinations. The Board of Bar answers of any applicant whose initial com- Essay Examination (“the AEE”). The UBE is pre- Examiners shall be responsible for preparing bined score, computed as set forth in Rule pared by the National Conference of Bar the AEE, under guidelines established by the VI(B)C(1), is 253, 254 or 255. Examiners and includes the Multistate Essay board with the approval of the Board of Examination (“the MEE”), the Multistate Commissioners. The MBE, the MEE and the Using the personal-identification numbers assigned Performance Test (“the MPT”), and the MPT will be prepared by the National to identify the respective applicants, the Board of Bar Multistate Bar Examination (“the MBE”). The Conference of Bar Examiners, which shall Examiners shall certify final grades to the Secretary of AEE is prepared by the Board of Bar Examiners. determine the contents of those examinations the Alabama State Bar no later than April 15 following a February examination and September 15 following a (a) The MEE. The MEE is a three–hour essay and test. July examination. test. The purpose of the MEE is to test the (2) Conducting Examinations. The Board of Bar The secretary shall make a permanent record in the examinee’s ability (1) to identify legal Examiners shall have the right, power and secretary’s office of the grades attained by each exami- issues raised by a hypothetical factual sit- authority to adopt rules consistent with the nee in each subject and shall inform each examinee uation; (2) to separate material that is rel- laws of the State of Alabama or the orders of whether he or she has passed or failed the examination. evant from that that is not; (3) to present a the supreme court or the Board of Bar An examinee who fails the academic portion of the reasoned analysis of the relevant issues in Commissioners governing the control, methods bar examination will be furnished the following informa- a clear, concise and well-organized compo- and details of conducting examinations. tion at the time the examinee is notified of the failure: his sition and (4) to demonstrate an under- The Secretary of the Alabama State Bar, at the time or her total Academic Bar Examination score; his or her standing of the fundamental legal princi- an applicant is certified to the Board of Bar Examiners AEE scaled score and the raw score on each AEE ques- ples relevant to the probable resolution of under these rules, shall issue to the applicant a card con- tion; and, if the examinee took the UBE in Alabama, his or the issues raised by the factual situation. taining a personalidentification number, the purpose and her MBE scaled score, total scaled score on written The MEE may test the following subjects: use of which shall be carefully explained to the applicant. examinations (MEE and MPT), total UBE scaled score and Business Associations (Agency and The secretary shall preserve a duplicate of that number in the raw score on each question on the MEE and the MPT. Partnership; Corporations and Limited the secretary’s office. When taking the examination, the Within 60 days after the announcement of the Liability Companies), Conflict of Laws, applicant may not sign his or her name to or upon any results, a failing examinee shall be entitled to examine Constitutional Law, Contracts, Criminal paper or document, or identify his or her examination his or her own papers in the state bar for the purpose Law and Procedure, Evidence, Family Law, answers other than by that number, and is forbidden to of ascertaining that grades were transcribed correctly, Federal Civil Procedure, Real Property, disclose that number to any member of the board or to and, upon payment of $5 per section of any essay Torts, Trusts and Estates (Decedents’ any other person. If any applicant violates this require- examination or performance test, the examinee shall Estates; Trusts and Future Interests), and ment in any particular, the Board of Bar Examiners shall be entitled to receive a copy of his or her answer or Uniform Commercial Code (Negotiable not consider the applicant’s examination papers, and, if it answers, a copy of the AEE questions and a copy of Instruments (Commercial Paper); Secured be discovered that disclosure of the number was made, the AEE model answer or answers. The UBE questions Transactions). Some questions may include the applicant shall be subject to disciplinary action for and model answers are protected by copyright owned issues in more than one area of law. deceit and misrepresentation. This requirement shall by the National Conference of Bar Examiners, and (b) The MBE. The MBE is a one–day multiple- again be called to the attention of the applicant by the examinees should contact the National Conference of choice test. The purpose of the MBE is to Board of Bar Examiners before the applicant is permitted Bar Examiners to obtain copies of those. assess the extent to which an examinee to begin the examination. can apply fundamental legal principles and The express purpose of the immediately preceding legal reasoning in analyzing fact patterns. paragraph is to provide a method by which the Board of (continued on page 164)

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(continued from page 163) (4) Carryover of Written Test Score. An applicant questions and corresponding model answers from who has taken and failed the bar examination, prior examinations. The board shall routinely dis- C. Results of Examinations but who made a scaled score on the MEE and tribute the booklet to all applicants and shall make the MPT portions of the UBE or on the AEE the booklet available upon request. A reasonable (1) Basic Rule. Raw scores on the MEE and the MPT that is equivalent to or greater than an MBE fee, to be determined by the Board of Bar portions of the UBE shall be weighted so that the scaled score of 140, as determined in accor- Examiners with the concurrence of the Board of Bar MEE is worth 30 percent and the MPT is worth dance with the basic rule, will be excused Commissioners, may be charged to parties outside 20 percent. The total weighted raw score on the from taking those sections of the bar examina- the routine distribution who request copies of the MEE and the MPT combined shall be scaled to tion that contribute to the scaled written booklet. the MBE. The applicant’s scaled score on the score. The scaled written score will be carried MEE and the MPT portions of the UBE shall be E. Access to Information Regarding Other over for any future bar examination for which expressed on the MBE range of scores (0–200) Examinations. The Board of Bar Examiners shall the examinee is eligible, provided that the and shall be combined and weighted equally make available to applicants sample and informa- examination is administered within 20 months with the applicant’s scaled MBE score to deter- tional materials that will acquaint applicants with after the earlier bar examination in which the mine the examinee’s total UBE scaled score. the general content and format of the MBE, the carryover score was received, and the scaled MEE and the MPT. This requirement may be met by The raw scores on the AEE shall be scaled to the written score or scores will be combined with routinely distributing to all applicants the informa- MBE, and the scaled score shall be multiplied by two the applicant’s MBE score according to the tion booklets on these examinations published by to express the AEE score on the same scale as the UBE basic rule. Applicants who carry over a scaled the National Conference of Bar Examiners, and by score (0–400). The UBE score shall be weighted 80 score on the MEE and the MPT to seek admis- advising applicants of the availability, through the percent and the AEE score shall be weighted 20 per- sion in Alabama will not earn a transferable National Conference of Bar Examiners, of sample cent to determine an examinee’s combined score on UBE score that can be used to seek admission questions and analyses. A reasonable fee, to be the Academic Bar Examination. An applicant who in other jurisdictions. determined by the Board of Bar Examiners with the achieves a combined score of 256.000 or above passes The applicant shall have the option to take all sec- concurrence of the Board of Bar Commissioners, the Academic Bar Examination. tions of the Academic Bar Examination; if the applicant may be charged to parties outside the routine dis- (2) Transfer of MBE Score. An applicant who has chooses this option, the scores of all sections will be tribution who request copies of the materials. taken and passed a bar examination in another combined under the basic rule. jurisdiction, who has been admitted to practice F. The MPRE. Before admission to the bar, each in that jurisdiction, and who made an MBE (5) Time of Election to Transfer or Carry Over applicant must have successfully passed the scaled score of 140 or above will be excused Scores. Elections regarding the transfer from MPRE. To successfully complete the MPRE, the from taking the MBE. The transferred MBE another jurisdiction of an MBE score or the applicant must achieve a scaled score of at least score will be valid for a period of 20 months carryover of an MBE score or the carryover of 75, as that score is determined by the testing after taking the MBE on which the transferred a scaled MEE, MPT or AEE score from a previ- authority. Successful completion of the MPRE by score was received. The applicant’s transferred ous examination taken in Alabama must be an applicant at any time within the 12–month peri- MBE score will be combined with the appli- made at the time an application to sit for an od before the taking of the Academic Bar cant’s scaled scores on the MEE and the MPT examination is filed. Examination will be accepted, and such successful portions of the UBE and on the AEE according (6) Transfer of UBE Score. An applicant who has completion may be carried over for a period of 20 to the basic rule. Applicants who transfer an taken and successfully completed the entire months from the time the first Academic Bar MBE score to seek admission in Alabama will UBE in a single administration in another juris- Examination is taken, if the applicant does not not earn a transferable UBE score that can be diction may transfer the total UBE scaled score pass the Academic Bar Examination. If an appli- used to seek admission in other jurisdictions. and be excused from taking the UBE in cant has passed the Academic Bar Examination but has not successfully completed the MPRE, he or The applicant shall have the option to take all sec- Alabama. The transferred UBE score will be she shall have a period of 20 months from the date tions of the Academic Bar Examination; if the applicant valid for a period of 20 months after taking the of the Academic Bar Examination in which to suc- chooses this option, the scores of all sections will be UBE in which the transferred score was cessfully complete the MPRE. Applicants who combined under the basic rule. received. The transferred UBE score will be transfer a UBE score from another jurisdiction must (3) Carryover of MBE Scores. An applicant who combined with the applicant’s scaled written successfully complete the MPRE no earlier than 12 has taken and failed the bar examination but score on the AEE according to the basic rule. months before the UBE was taken in the transfer- made an MBE scaled score of 140 or above will D. Access to Information Regarding the AEE. At least ring jurisdiction and no later than 20 months from be excused from taking the MBE. The MBE 12 months in advance of the first administration of the time the first AEE is taken. scaled score will be carried over to any future the AEE pursuant to this rule, the Board of Bar examination for which the examinee is eligible, Examiners shall prepare and distribute to all stu- Completed application materials for testing, as well provided that the examination is administered dents in Alabama law schools (individually or as all other correspondence, inquiries and requests within 20 months after the earlier bar examina- through the schools) and to the deans of all concerning application materials and the administration in which the applicant scored 140 or above Alabama law schools an information booklet on the tion and processing of the National Conference of Bar on the MBE was administered, and the MBE AEE. This booklet shall include a description of the Examiners’ MPRE should be directed to: scaled score will be combined with the appli- examination, including a statement of its purpose National Conference of Bar Examiners cant’s scaled scores on the MEE and the MPT and the areas of law to be covered; the instructions MPRE Application Department portions of the UBE and on the AEE according that will accompany the examination when it is P.O. Box 4001 to the basic rule. Applicants who carry over an administered; and the subject matter or topic out- Iowa City, Iowa 52243 MBE score from an earlier bar examination to line required by Rule VI(B)A(1)(a). Following the first (319) 337-1304 seek admission in Alabama will not earn a administration of the examination under this rule, G. Time of Bar Examination. The examination will be transferable UBE score that can be used to the information booklet shall be revised to include given on Monday, Tuesday and Wednesday of that seek admission in other jurisdictions. the questions and corresponding model answers week in February and in July in which the MBE The applicant shall have the option to take all sec- from the first examination. The Board of Bar examination is administered. The AEE will be on tions of the Academic Bar Examination; if the applicant Examiners shall thereafter update the information Monday, the MPT and the MEE on Tuesday and the chooses this option, the scores will be combined under booklet at such times as it deems appropriate and MBE on Wednesday. ▲▼▲ the basic rule. shall include in that booklet representative sample

164 MARCH 2011 50832-1 AlaBar_Layout 1 3/17/11 3:34 PM Page 165 Disciplinary

Transfer to Disability Inactive Status

Disbarment

SuspensionS

Public Reprimands

Miscellaneous Notices

Transfer to Disability Inactive Status • Oneonta attorney Harold Jerome Colley was transferred to disability inactive status pursuant to Rule 27(c), Ala. R. Disc. P., effective November 23, 2010, by order of the Disciplinary Board of the Alabama State Bar. [Rule 27(c), Pet. No. 10-1819]

Disbarment • Birmingham attorney Jacob Calvin Swygert, Jr. was disbarred from the practice of law in Alabama, effective October 19, 2010, by order of the Supreme Court of Alabama. The supreme court entered its order based upon the October 19, 2010 order of Panel II of the Disciplinary Board of the Alabama State Bar. In ASB No. 09-1039(A), Swygert was determined to be guilty of violating rules 1.3, 1.15(a), 1.15(b), 1.15(d) 1.15(e), 4.1(a), 8.1(b), 8.4(a), 8.4(c), and 8.4 (g), Alabama Rules of Professional Conduct. According to the formal charges, in or around January 2008, Swygert signed a letter of protection to a chiropractic center on behalf of a client. Swygert subsequently settled the case in June 2008 and withheld funds from the client to pay the chiropractic center. Swygert failed to contact the chiropractic center and failed to honor the letter of protection. Swygert subsequently failed or refused to provide a response to the Office of General Counsel of the Alabama State Bar regarding this matter. In ASB No. 09-2552(A), Swygert was determined to be guilty of violating rules 1.3, 1.4(a) and (b), 8.1(b), and 8.4(a) and (g), Ala. R. Prof. C. According to the formal charges, in or around December 2006, Swygert was retained to represent a client in a wrongful death suit after the client’s daughter was killed in an automobile accident. Swygert advised the client that he had

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settled the matter for $20,000 and that he would later pursue a suit against the client’s own insurance compa- Suspensions ny. Swygert failed to pursue the lawsuit on behalf of the • Birmingham attorney Dagney Johnson was suspend- client, failed to provide the client with an accounting of ed from the practice of law in Alabama by order of the the $20,000 and failed to communicate further with the Supreme Court of Alabama for 91 days, effective client about her case. Swygert subsequently failed or December 1, 2010. The supreme court entered its order refused to provide a response to the Office of General based upon the Disciplinary Commission’s acceptance Counsel of the Alabama State Bar regarding this matter. of Johnson’s conditional guilty plea in which Johnson In ASB No. 09-2758(A), Swygert was determined to admitted that she violated rules 1.15(a), (f) and (g), Ala. be guilty of violating rules 1.3, 1.4(a), (b), 1.16(d), and R. Prof. C. In ASB No. 08-221(A), Johnson was appoint- 8.4(a) and (g), Ala. R. Prof. C. According to the formal ed as a guardian ad litem for a special needs child in a charges, Swygert was retained to represent a client divorce case. During the course of the representation, on a de novo appeal to the circuit court after a judg- both parties agreed that Johnson would take posses- ment was entered against the client concerning a car sion of funds to be used for the education and treat- accident. The client did not know that Swygert decid- ment of the special needs child. In or around February ed to quit practicing law sometime in May 2009. The 2008, Johnson placed the funds into a money market client’s case was called for a hearing in June 2009. account. In March and April 2008, Johnson used a Swygert failed to appear for the hearing and failed to debit card attached to the account for personal expens- notify the client of the hearing. As a result, the client’s es. In April 2008, Johnson was notified by the bank appeal was dismissed and the judgment was that the account needed to be altered from a money affirmed. Swygert then filed a motion to withdraw market account to a regular checking account due to with the Jefferson County Circuit Court, in which he the high number of debit card transactions. Johnson admitted that he had quit practicing law and had contended that she mistakenly used the wrong debit failed to provide the court with his new mailing cards and believed she was using the debit card address. As a result of Swygert’s failures, the client attached to her firm account. Johnson did not replace was not made aware that his case had been set the monies that she improperly withdrew from the for hearing. account until July 2008. Johnson also failed to main- Formal charges were filed against Swygert in ASB tain an IOLTA trust account. [ASB No. 08-221(A)] nos. 09-1039(A), 09-2552(A) and 09-2758(A). The formal charges and summons were served by publica- • Birmingham attorney Richard Glynn Poff, Jr. was tion in The Alabama Lawyer July 15, 2010. Swygert suspended from the practice of law in Alabama by failed to file an answer to the formal charges and a order of the Alabama Supreme Court for one year, default judgment was entered August 17, 2010. An effective November 18, 2010. The supreme court order setting a hearing to determine discipline was entered its order based on the decision of the sent to Swygert by certified and regular mail at his Disciplinary Board, Panel I, of the Alabama State Bar last known address on August 26, 2010. A hearing to in which Poff was found guilty of violating rules 1.1, determine discipline was conducted October 19, 2010 1.3, 1.4(a), 1.4(b), 1.16(d), and 8.4 (a), (d) and (g), Ala. by Panel II of the Disciplinary Board. Swygert failed to R. Prof. C. Poff was also ordered to make restitution appear at this hearing. Following the hearing to in the amount of $53,500 to the client. determine discipline, the board ordered that Swygert Poff was retained by a doctor to represent him in be disbarred. [ASB nos. 09-1039(A), 09-2552(A) and legal malpractice actions to be filed against various 09-2578(A)] lawyers and law firms relating to their representation

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of the doctor in multiple proceedings relating to his • Childersburg attorney William Kenneth Rogers, Jr. license to practice medicine in West Virginia and in was suspended from the practice of law in Alabama by other states, as well as represent the doctor in other order of the Disciplinary Commission of the Alabama civil matters in Georgia and federal court in West State Bar for 91 days. The Disciplinary Commission Virginia. The board found that in all of the cases in ordered that the suspension be held in abeyance and which Poff was retained by the doctor, Poff did not com- Rogers be placed on probation for two years pursuant plete even one. Poff did not give appropriate attention to Rule 8(h), Ala. R. Disc. P. The Disciplinary Commission to the legal work he was hired to do, did not adequately accepted Rogers’s conditional guilty plea in which he prepare or investigate the claims and did not comply pled guilty to violations of rules 1.15(a), 5.3(a), 5.3(b) and with court rules, deadlines or orders. His conduct preju- 5.3(c)(1), Ala. R. Prof. C. Rogers pled guilty to failing to diced the client and caused unnecessary and unreason- maintain an IOLTA trust account as required by Rule able delay. Poff’s neglect, lack of preparation, lack of 1.15(a), Ala. R. Prof. C. Rogers also pled guilty to failing knowledge of or compliance with court rules and delib- to supervise a non-lawyer employee in regards to erate disobedience of a court order rose to the level of preparation and filing of bankruptcy petitions on behalf incompetence. Poff also failed to reasonably communi- of his clients. [ASB No. 10-945] cate with his client during the course of the representation. Although Poff often did communicate with the doctor, his communications were inaccurate and incom- plete and did not provide the client with sufficient information to make informed decisions about the representation or inform the client of the status of each matter. CLE When Poff was terminated by the doctor, Poff failed to promptly deliver the client file or account for and COURSE SEARCH refund the unearned portion of the more than $170,000 he had been paid for his services. [ASB No. 07-09(A)] The Alabama Mandatory CLE Commission continually evaluates and approves in-state, as well as nationwide, programs which are main- • By order of the Alabama Supreme Court, Decatur attor- tained in a computer database. All are identified by sponsor, location, ney Joseph Benjamin Powell was suspended from the practice of law in Alabama for 90 days, retroactive date and specialty area. For a listing of current CLE opportunities, to January 30, 2009, the effective date of his interim visit the ASB Web site, www.alabar.org/cle. suspension. The supreme court entered its order based upon the decision of the Disciplinary Commission of the Alabama State Bar accepting Powell’s conditional guilty plea in which he pled guilty to violations of rules 1.3, 1.4(a), 1.15(a), and 8.4(a) and (g), Ala. R. Prof. C. Powell admitted that he failed to respond to reasonable requests for information from his client, willfully neglected a legal matter entrusted to him, failed to provide information to a client reasonably sufficient to allow the client to make an informed decision regarding the representation, and failed to properly manage his client trust account. Powell was reinstated to the practice of law in Alabama, effective October 20, 2010. [Rule 20(a), Pet. No. 09-1056; ASB nos. 09-1091(A), 09-1149(A) and 09-1319(A)] www.alabar.org/cle

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• On November 23, 2010, Birmingham attorney John $500 fee that was invoiced as “attorney legal service.” Michael Wood was interimly suspended from the The letter also indicated that the client had contacted practice of law in Alabama pursuant to Rule 20(a), the Office of General Counsel and was informed that Alabama Rules of Disciplinary Procedure, by order of a lawyer should provide a breakdown of what servic- the Disciplinary Commission of the Alabama State es were performed and the cost of those services Bar. The Disciplinary Commission found that Wood’s upon request by the client. Cooner responded to the continued practice of law is causing or is likely to letter and made a statement that he had a close cause immediate and serious injury to his clients or friend from law school who worked for the Alabama to the public. [Rule 20(a), Pet. No. 2010-1820] State Bar. Cooner further stated that he was told by an attorney in the Office of General Counsel that the Georgia law firm had not contacted the Office of Public Reprimands General Counsel of the Alabama State Bar regarding the lien and the request for a breakdown of services. • Birmingham attorney Martin Kassab Berks Cooner’s statement was untruthful as he did not have received a public reprimand with general publication a friend working at the Alabama State Bar and he on December 10, 2010 for violations of rules 1.4(a), never contacted the Office of General Counsel. When 1.5(c), 1.15(b), 5.3, and 8.4(a), Ala. R. Prof. C. Berks questioned about the situation by an assistant gener- failed to adequately supervise a non-lawyer assistant al counsel of the Alabama State Bar, Cooner stated who was responsible for maintaining Berks’s trust that he was old friends with the Georgia lawyer and account and disbursing settlement proceeds to his that the Georgia lawyer knew he was joking. When clients. As a result, Berks failed to disburse settlement contacted, the Georgia lawyer denied knowing funds to clients in a timely manner, failed to ade- Cooner and stated that he did not take the statement quately communicate with clients regarding their set- as a joke. [ASB No. 07-62(A)] tlements and failed to provide clients with a written statement demonstrating an accounting of monies collected on behalf the clients. [ASB No. 07-117(A)] • Montgomery attorney Jacob Ari Dubin received a public reprimand with general publication on October • On October 29, 2010, Birmingham attorney Douglas 29, 2010 for violations of rules 1.4(a), 1.15(a) and Howard Cooner received a public reprimand with- 1.16(c), Ala. R. Prof. C. In addition to the public repri- out general publication for violations of rules 8.4(c) mand, the Disciplinary Commission of the Alabama and 8.4(g), Ala. R. Prof. C. Cooner engaged in conduct State Bar ordered that Dubin be placed on probation involving dishonesty, fraud, deceit or misrepresentation for one year pursuant to Rule 8(h), Ala. R. Disc. P. when he made false statements to a lawyer who was Dubin was also ordered to refund the client $2,100 representing his former client. Cooner’s former client and to enroll in and satisfactorily complete the retained the services of a Georgia law firm to assist Practice Management Assistance Program of the her with an immigration issue. When the former Alabama State Bar within one year. client requested her file, Cooner informed her that In ASB No. 08-223(A), Dubin pled guilty to violating there was an outstanding balance of $500 owed to rules 1.4(a), 1.5(a), 1.15(a) and 1.15(e), Ala. R. Prof. C. him and that he was asserting a lien on the file. This matter involved Dubin’s possible representation Counsel for Cooner’s former client wrote Cooner a of a client on an appeal from a criminal conviction if letter requesting a more specific description of the the client decided to pursue an appeal after sentencing.

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The client paid Dubin $2,500 which was to be held in another position as legal counsel and would be unable trust pending the appeal. Any unused portion was to be to represent him in the matter. Thereafter, the client had refunded to the client if the client chose to forgo an difficulty contacting Dubin about the unearned portion appeal. Dubin did not enter into a written fee agree- of his retainer. On or about November 12, 2008, Dubin ment with the client. Dubin agreed to attend the client’s issued a $650 refund to the client. However, this was sentencing hearing and have the notice of appeal ready more than three months after Dubin terminated his rep- for filing if necessary. Dubin failed to appear at the sen- resentation of the client. [ASB No. 09-2420(A)] tencing due to a scheduling conflict. In addition, by the time of the client’s sentencing, Dubin had left private • Jasper attorney Joseph Wilburn Hudson received a practice and taken another position as staff counsel to public reprimand with general publication on October the Montgomery County Probate Court. Thereafter, 29, 2010 for violations of rules 1.3, 1.4(a), 1.15(a), 8.4(a), Dubin withdrew from representation and issued the and 8.4(g), Ala. R. Prof. C. In or around February 2008, client a refund of $313.27. In doing so, Dubin attempted Hudson was retained by a client to file a bankruptcy to charge the client for unnecessary work and issued petition. Hudson was paid $1,400 to handle the matter. the refund from his operating account rather than his Hudson informed the client that he filed the bankruptcy trust account. During the course of the bar’s investiga- and that a decision would be forthcoming. Hudson later tion, Dubin admitted that he improperly converted admitted that he did not file the bankruptcy petition on funds belonging to the client prior to earning the funds. behalf of the client. Hudson also admitted that he failed Dubin also admitted that he commingled personal to deposit the $1,400 fee paid by the client into his trust funds with client funds in his trust account by deposit- account. [ASB No. 09-2438(A)] ing checks for appointed work into his trust account. Dubin was unable to provide all trust account records • Birmingham attorney Emory Keith Mauldin was that were required to be maintained and was unable to ordered to receive a public reprimand without general account for all deposits and checks related to his trust publication for violations of rules 1.3, 1.4(a), 8.1(b), account as requested by the Office of General Counsel. 8.4(a), and 8.4(d), Ala. R. Prof. C. In December 2005, [ASB No. 08-223(A)] Mauldin was retained to probate a last will and testa- ment. Mauldin filed the initial paperwork in January • Montgomery attorney Jacob Ari Dubin received a 2006. Thereafter, Mauldin failed to file any other plead- public reprimand with general publication on October ings, motions or documents concerning the case. 29, 2010 for violations of rules 1.4(a), 1.15(a) and 1.16(d), Mauldin informed the client a court date had been set Ala. R. Prof. C. In addition to the public reprimand, the for April 19, 2008. The client advised Mauldin that April Alabama State Bar Disciplinary Commission ordered 19, 2008 was a Saturday. Mauldin informed the client that Dubin be placed on probation for one year pur- he would get back in touch with her on the matter but suant to Rule 8(h), Ala. R. Disc. P. Dubin was also failed to do so. Thereafter, the client repeatedly attempt- ordered to enroll and satisfactorily complete the ASB ed to contact Mauldin but he did not return her tele- Practice Management Assistance Program within phone calls. Subsequently, the client filed a complaint one year. with the Alabama State Bar. The complaint was In ASB No. 09-2420(A), Dubin pled guilty to violations assigned to the Birmingham Bar Association for investi- of rules 1.4(a), 1.15(a) and 1.16(d), Ala. R. Prof. C. This gation. The investigator with the Birmingham Bar sent matter involved Dubin’s representation of a client in a two letters to Mauldin requesting a written response to post-divorce modification. The client paid a retainer fee the complaint. Mauldin failed to respond. Mauldin was of $750. Dubin failed to deposit the retainer fee into his also left telephone messages to contact the investigator trust account. Dubin subsequently filed a notice of with the Birmingham Bar but he failed to do so. appearance on July 3, 2008. On or about July 30, 2008, Mauldin willfully neglected a matter entrusted to him, Dubin informed the client via e-mail that he had accepted failed to keep the client reasonably informed about the

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case and failed to respond to repeated requests from so that the inmate could pass out the advertising a disciplinary authority. [ASB No. 08-187(A)] materials to other inmates. The advertising materials were never filed with the Office of General Counsel • Guntersville attorney Ellsworth Charles Ogden, III as required by Rule 7.2(b), Ala. R. Prof. C. [ASB No. received a public reprimand with general publication 10-301(A)] on October 29, 2010 for violations of rules 1.4(a), 1.5(a), 1.15(a) and (b), 1.16(d), and 8.4(a), Alabama • Monroeville attorney Leston Curtis Stallworth, Jr. Rules of Professional Conduct. Ogden represented a received a public reprimand without general publica- client in a civil action to collect past-due rent. After a tion for violations of rules 1.1, 5.3, 8.4(d) and 8.4(g), default judgment was entered, Ogden’s client and the Ala. R. Prof. C., on October 29, 2010. In or around other individual entered into an agreement in which June 2009, Stallworth was retained to represent a Ogden’s client would be paid $800 a month for 14 couple in an uncontested divorce. Stallworth under- months in satisfaction of the judgment. Thereafter, took to represent the wife in the matter and had the Ogden’s client died and Ogden subsequently received husband sign an acknowledgement of non-represen- a total of $7,200 from the individual toward payment tation form. Thereafter, Stallworth filed the complaint of the judgment. At the time Ogden received the for divorce along with a stipulation and agreement funds, he failed to properly maintain those funds in concerning the couple’s division of property and cus- trust and failed to promptly notify his client’s estate tody of their minor children. The provisions in the upon receipt. The personal representative for the stipulation concerning the custody of the children estate began making inquiries concerning the funds were internally inconsistent. Additionally, the docu- and requested an accounting. Ogden did not respond ment indicated that the parties signed the document to those requests for more than a year. When Ogden May 18, 2009; however, the documents indicated that finally responded, he provided a bill that included a they were notarized May 11, 2009. As a result of these description of the work performed, but did not con- inconsistencies, the court refused to sign the pro- tain specific time entries. Ogden did not provide the posed order. Stallworth was informed of the inconsis- specific time entries until after a grievance was filed tencies by the circuit clerk’s office. Rather than sub- with the Alabama State Bar, and the entries indicated mitting a new and original stipulation and agreement that he billed for more than eight hours after the as requested by the court, Stallworth’s secretary death of his client and contained inflated time entries removed or caused to be removed an original page of when compared to the description of the work per- a court filing. By doing so, the integrity of the court formed. Ogden charged a clearly excessive fee and file was compromised. While Stallworth’s secretary was ordered to make restitution to the client’s estate was the one who engaged in the conduct, he, as her in the amount of $2,371.87. [ASB No. 08-237(A)] lawyer supervisor, was ethically responsible for her actions. Additionally, the court reported that • Montgomery attorney Joe Morgan Reed received a Stallworth had a history of submitting inconsistent public reprimand without general publication on orders and had previously submitted orders that did December 10, 2010 for violations of rules 7.2(b) and not match the agreement of the parties. [ASB No. 09- 7.3(a), Ala. R. Prof. C. In or around July 2010, Reed 2303] met with an inmate client at the Elmore County Jail. At the conclusion of the meeting, Reed allowed the • On October 29, 2010, Birmingham attorney Cynthia inmate to take 50 items of his advertising materials Hooks Umstead received a public reprimand without

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general publication for violations of rules 1.4(a) and Prof. C. In or around April 2008, Vogt was retained by a 8.1(b), Ala. R. Prof. C. On or about May 14, 2008, client to probate her deceased husband’s estate. Vogt Umstead was retained by the complainant to file an was paid $1,500 to handle the case. Vogt advised the uncontested divorce. The complainant paid Umstead client of the initial court date. When the client appeared $750 in attorney’s fees. Umstead drafted the complaint for court Vogt telephoned her and informed her that and mailed it to the complainant’s husband, who was court would not be held. Thereafter, Vogt advised the incarcerated, but the paperwork was returned due to an client to appear at two additional court dates. The client error in the address. In the second attempt to serve the appeared at both of these court dates and again Vogt husband with the divorce complaint, Umstead mis- telephoned the client, informing her both times that the spelled his name. In July 2009, the complainant learned court dates had been postponed. Vogt then offered vari- that Umstead failed to correct the paperwork and have ous excuses as to why the case was postponed. The the husband served. The complainant made several client subsequently learned that Vogt never filed any- attempts to contact Umstead but she failed or refused thing with the probate court in her case. Vogt willfully to communicate with her. On July 31, 2009, a copy of neglected a matter entrusted to him and failed to keep the complaint filed by her client was sent to Umstead the client reasonably informed about her case. [ASB by U.S. first-class mail requesting that she respond No. 09-1063(A)] within 14 days. Umstead failed to submit a timely response. After Umstead was notified by certified mail • Birmingham attorney Louis James Willie, III received of her failure to respond, procedures were undertaken a public reprimand without general publication on to summarily suspend her license to practice law. December 10, 2010 for violations of rules 1.3 and 1.4, Umstead eventually submitted her response on October Ala. R. Prof. C. In or around May 2009, Willie was 26, 2009, after an assistant general counsel contacted retained to represent a client in a garnishment matter. the attorney who had previously represented Umstead Willie informed the client that he would attempt to have in a separate bar disciplinary matter. In her response, the garnishment set aside, or, in the alternative, attempt Umstead admitted the allegations in the bar complaint. to negotiate a lesser amount. Thereafter, Willie contact- She blamed her late response on a secretary who ed the collection attorney to attempt to negotiate the worked for her and other lawyers in the building. She garnishment but was not successful. Willie did nothing stated that the secretary was not updating the lawyer’s else on behalf of the client. The client attempted to con- calendars, not delivering messages and not distributing tact Willie by telephone and e-mail about the case. the mail to the other lawyers. Umstead stated that the Willie failed to return the client’s telephone calls or secretary had since resigned. Although Umstead placed respond to e-mails. [ASB No. 09-1760(A)] blame on others, she was ultimately responsible for diligently pursuing her client’s matter. Umstead’s conduct in this matter violated rules 1.4(a) Miscellaneous and 8.1(b), Ala. R. Prof. C., in that she failed to ade- • On August 31, 2010, the Disciplinary Board of the quately communicate with her client and she failed or Alabama State Bar, Panel III, entered an order accepting refused to respond to the bar regarding a disciplinary the conditional guilty plea of Anniston attorney Amos matter. Umstead’s prior discipline was also a considera- Lorenzo Kirkpatrick for a violation of Rule 8.4(g), Ala. tion in this decision. [ASB No. 09-2011(A)] R. Prof. C. Kirkpatrick was placed on probation until October 15, 2012. Kirkpatrick’s discipline was based upon • Phenix City attorney Elliot Joseph Vogt was ordered his conviction for harassment in the District Court of to receive a public reprimand with general publication Calhoun County which involved inappropriate contact for violations of rules 1.3, 1.4(a), 1.4(b) and 8.4(a), Ala. R. with a female client. [ASB No. 08-130(A)] ▲▼▲

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Shipping &. IE-LandLing TOTAL

Ph r,; i .d Mailing Addn..,-s..c;(rnn t P.O. Dox}: ------

City, Zip. Phcml.'"'

rlm•,C'(t'l111 t CHI c·i..:O J~\t ON'I ;y rnm 1 R M,\111; P1Whf U I(., 0 r1I J"1 \I \ nAM ,\ 51· 11· 111\R f11rt hf",11TJ111snl J,.,t~'fl11n 11,~· -IO l,\l hn,• ;ind ,.:,,rw;,rd 1t "'Ith th,., nrrlilf i11nn t,,. I\ l,1rc1.1l) ,tn i,·l. ( Lm1111uni,.1t1.-mo.;,~ \ l.1bm11.1 .,t,•D;ir, l'O. lk,, n71, \l 11nlt;nn"N-r):1 \I J.6IOI About Members, Among Firms 173 173 Due to space Please e-mail Lawyer Lawyer The Alabama Marcia Daniel no longer publishes announcements to [email protected] REMINDER: constraints, Lawyer changes of address unless it relates to the opening of a new firm (not a branch or a solo practice. office) The Alabama The Alabama Vania Teresa at 4758 at One and announces announce the opening Gardendale Dr., Kerr at 717 Shahid & Hosea LLC II L. Selby David B. Shahid LaKesha Watson Belrose Teresa Blvd., Ste. G, Woodmere (334) Phone Montgomery 36106. 279-5399. L. Hosea of of Offices the opening of Law II LLC L. Selby David Ste. 400, Chase Corporate Center, Birmingham 35244. announces the opening of Attorney B. Watson, at Law LLC (205) 631-4019. Phone 35071. at The announces the N., Ave., nd

St., N., Birmingham th

at 2323 2 Janine Hunt-Hilliard H. Hube Dodd Birmingham 35203. Phone (205) 327-8388. announces the opening of 228 18 Hunt-Hilliard Law Firm LLC 35203. Phone (205) 326-8880. Law Firm opening of The Dodd LLC About Members

173 Page PM 3:34 3/17/11 1 AlaBar_Layout 50832-1 50832-1 AlaBar_Layout 1 3/17/11 3:34 PM Page 174

About Members Among FIrms Continued from page 173

Holtsford Gilliland Higgins Maynard Cooper & Gale Among Firms Hitson & Howard PC announces announces that Paul Frederick that Steven A. Savarese, Jr. has has joined the firm. Adams & Reese announces joined the firm. that C. Britton Bonner has Stephen G. McGowan LLC joined as special counsel. Knight, Griffith, McKenzie, announces that Carl J. Burrell Knight & McLeroy LLP and Christopher H. Nahley have Bailey & Glasser LLP announces that Zeb Little has joined as of counsel. announces the opening of their joined as a partner, Trent Lowry office and that James Bruce has joined as an associate and the Prince, Glover & Hayes Perrine has joined as a partner. firm’s name has changed to announces that G. Coe Baxter has joined as an associate. Beasley, Allen, Crow, Knight Griffith LLP. Methvin, Portis & Miles PC Leo & Brooks LLC announces Pope, McGlamry, Kilpatrick, announces that John E. that Gregory H. Revera has Morrison & Norwood LLP Tomlinson is now a shareholder. joined the firm and the name has announces that George Walton Walker has joined as a partner. The Law Office of Jack been changed to Leo Law LLC. Carney LLC announces that Lentz, Whitmire, House & Patrick H. Tate announces that Shayana Boyd Davis and Propst LLP announces that Patrick L. Tate has joined the Katherine M. Thompson have Christy Wallace Richardson has firm. joined as of counsel. been named a partner. The firm is Windom & Tobias LLC Eversole Law LLC announces now Lentz, Whitmire, House, announces that Bryan E. Comer that Richard C. Perry has joined Propst & Richardson LLP. has joined the firm. ▲▼▲ the firm. Marsh, Rickard & Bryan PC Gentle, Turner & Sexton announces that Derrick Mills announces that Diandra S. and William Andrews have been DeBrosse has become a partner. named partners.

174 MARCH 2011 50832-1 AlaBar_Layout 1 3/17/11 3:34 PM Page 175

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