June 2017 Volume 22, Number 7

From the President— BAR Help Wanted: Lawyers Needed in the Legislature

A Conversation with JOURNAL Edward D. Tolley 2017 Legislative Review

2017 Fiction Writing Competition Winner: Keep Things Merry

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GBJ | The Features

22 A Healthier Lawyer Is a Better Lawyer KENNETH B. HODGES III

24 2017 Legislative Review CHRISTINE BUTCHER HAYES

26 State Bar of Georgia Diversity Program Hosts the 9th Annual Business Development Symposium MARIAN COVER DOCKERY AND KATHLEEN O. CURREY

28 Fiction Competition Winner: Keep Things Merry

GREGORY B. GROGAN PHOTO BY ISTOCK.COM/AANTON

HOW NOT TO GET The THROWN IN JAIL / 16 Legal Lawrence J. Zimmerman

2017 JUNE 3 58

PHOTO BY ISTOCK.COM/WARCHI

GBJ | In Every Issue

5 Editor’s Letter 38 Georgia Lawyer Spotlight 60 Pro Bono 6 From the President A Conversation with Pro Bono All-Stars Edward D. Tolley 10 From the YLD President Jacob E. Daly 68 Writing Matters 14 From the Executive Director Writing Matters: 51 Offi ce of the General Counsel 37 Know Your Bar Organizing the Facts Daughter Dearest Karen J. Sneddon and David Hricik 42 Bench & Bar Paula Frederick 52 Attorney Discipline 70 Professionalism Page 56 Legal Tech Tips 58 Law Practice Management 2017 Commitment 72 In Memoriam Top 10 Reasons You Should to Equality Awards 74 Book Review Attend Georgia’s Solo and Sherwin K. Figueroa and Avarita L. Hanson Small Firm Institute 76 CLE Calendar Natalie R. Kelly 77 Notices 79 Classified Resources 80 Advertisers Index

4 GEORGIA BAR JOURNAL EDITOR’S LETTER

The June Issue

June 2017 Volume 22, Number 7

From the President— GEORGIA BAR Help Wanted: Lawyers Needed in the Legislature

A Conversation with JOURNAL Edward D. Tolley 2017 Legislative Review

2017 Fiction Writing Competition Winner: Keep Things Merry The June 2017 issue of the Georgia Bar One way to mitigate the problem of too Journal has a little something for everyone. few attorneys in the General Assembly is This issue’s legal article is “How Not to to take the advice offered in the From the Get Thrown in Jail,” which has everything Executive Director column, entitled “Leg- you ever wanted to know about how not islative Fund Helps Improve Public Poli- to get convicted for criminal contempt. It cy.” Do you ever wonder what the optional THE LEGAL How Not to Get also answers the question, “The judge can’t $100 contribution on your annual dues no- Thrown in Jail do that to me, can she?” Spoiler alert: the tice is for? Me too, until I read this month’s answer is probably yes, and you should have column. That money is for the Legislative ON THE COVER lawyered up yesterday. & Public Education Fund, which allows PHOTO BY ISTOCK.COM/AANTON June is when the Journal publishes the the Bar to maintain an active voice on winning story of our annual fiction writing proposed legislation relevant to the pur- competition. This year’s winner is “Keep poses of the Bar. This month’s column also Things Merry,” by Marietta attorney Greg- highlights more hands-on approaches to ory B. Grogan. Out of many submissions, influencing policy, such as signing up for this short story was rated the highest by the the Bar’s online Action Network. VISIT Editorial Board in an anonymous scale-of- This month’s Georgia Lawyer Spotlight gabar.org one-to-10 voting system. On behalf of the column continues its series of interviews board, I congratulate Gregory, and I thank with influential Bar members. For this is- all of the authors who submitted stories. sue, Journal Editorial Board member Jacob VIEW ONLINE The fiction competition is a welcome an- Daly sat down with Edward D. Tolley of the www.gabar.org/ nual reminder that law school did not beat Athens firm Cook & Tolley LLP. Tolley is newsandpublications/ georgiabarjournal/ the creative flair out of all of us. part of an increasingly rare breed of attor- This month’s From the President col- neys—renowned for work in both criminal umn, “Help Wanted: Lawyers Needed in defense and civil litigation. FOLLOW the Legislature,” offers the following sober- So much great content, so little room Twitter @StateBarofGA ing statistic: only 16 percent of the General to summarize. Thank you for reading, @GeorgiaYLD Assembly members are lawyers. You don’t and as always, please let us know what Facebook need a statistician to explain the implica- you think.  /statebarofgeorgia tions of that statistic for the content and /GeorgiaYLD quantity of this state’s laws. Youtube /StateBarofGeorgia Flickr /statebarofgeorgia /yld Instagram TIM COLLETTI @statebarofga Editor-in-Chief, Georgia Bar Journal [email protected] LinkedIn /state-bar-of-georgia

2017 JUNE 5 GBJ | From the President

Help Wanted: Lawyers Needed in the Legislature

Let me get right to the point: we need analysis published in the Daily Report pri- more lawyers in our state Legislature. or to last year’s legislative elections.1 The At our Spring Meeting, the State Bar’s article noted that over the past decade the Board of Governors heard a final report number of lawyer-legislators in Georgia on the 2017 session of the Georgia Gen- has hovered around 40. eral Assembly, presented by Christine As a result of the resignation of Sen. Butcher Hayes, our director of govern- Judson Hill and a special election on mental affairs, and Rusty Sewell, head of May 16 to fill his seat, the total number our lobbying team at the State Capitol. of Georgia’s lawyer-legislators has now Christine and Rusty reviewed the out- dropped to 37—a new all-time low. come of the Bar’s legislative priorities for In other states, the number of lawyers this year, a number of which were ap- serving as legislators has declined even proved and sent to the governor’s desk, more dramatically, according to the Daily with final action on a few others being Report article. In 1975, lawyer-legislators held over until the 2018 session. For de- made up nearly 22 percent of legislative PHOTO BY CASEY JONES PHOTOGRAPHY tails on this year’s session, turn to page 24. bodies across the country, but that num- In his remarks to the board, Rusty ber declined to an average of 14 percent, PATRICK T. also echoed a sentiment we have been according to a Pew Charitable Trusts re- O’CONNOR hearing for several years, concerning port published in 2015. the continuing decline in the number And, believe it or not, The Wall Street President of lawyers who are serving in the Legis- Journal reported in January, of the 40 State Bar of Georgia lature. He pointed out the situation has members of the Kansas State Senate, for [email protected] now reached the point where the Sen- the first time since 1861 not a single one is ate Special Judiciary Committee—one a lawyer—despite an existing statute that of two Senate committees that handle requires at least one lawyer/senator.2 legislation related to the courts in both For the legal profession and for our civil and criminal law—is made up of six justice system, this is a concern because non-lawyers and only two lawyers. the presence of well trained, experienced During the 2017 session of the Gen- attorneys on both sides of the aisle offers eral Assembly, there were a scarce 28 numerous, significant benefits to the pro- lawyers among the 180 members of the cess of making both laws and public policy. House of Representatives (15.5 percent) In the Daily Report article, Rep. Meagan and 10 lawyers among the 56 members Hanson (R-Brookhaven) said legal training of the Senate (17.9 percent). The total of is critical to building effective legislation. 38 lawyer-legislators (16.1 percent of the “It’s an art,” she said. “You have to know 236 members of the General Assembly) what you’re asking for, and how that will matched an all-time low previously set in be interpreted in the court to know how it 2010 and 2013, according to a historical will affect things in practice.”

6 GEORGIA BAR JOURNAL Rep. (D-Atlanta) told the Daily Report an absence of lawyer- OFFICERS’ BLOCK legislators can cause confusion in the drafting and consideration of proposed In this issue of the Georgia Bar Journal, we asked our State Bar of legislation. “You have a lot of committees Georgia officers, “What was the highest point of your year of service?” without any lawyer-legislators on them whatsoever,” he said. “It makes it very difficult when you’re crafting a law if you don’t understand how statutes are inter- preted in real life.” PATRICK T. O’CONNOR Generally, the most controversial or President complex bills are assigned to the judiciary Through my travels and interactions around committee in both chambers of the Gen- the state, the highest point of my year was the eral Assembly. These include specialized realization that most people believe in the law and and complex legislation such as the State our system of laws, and see the law as something Bar’s proposed trust code revisions (HB much bigger and more important than any one case, 121) during the 2017 session and the pro- one lawyer, one judge or one person. posed 90-page adoption code rewrite (HB 159); issues related to liability, like the leg- BRIAN D. “BUCK” ROGERS islation on the proposed spaceport in Cam- President-Elect den County (HB 1) and this year’s directors and officers liability bill (HB 192); and I consider chairing the Judicial Qualifications Commis- hotly contested legislation, such as the pro- sion Task Force during the most recent legislative ses- posed Religious Freedom Restoration Act sion to be the high point of my year. It was an honor to work closely with the judges and lawyers who served as (SB 129) from the 2015-16 legislative term. members of the task force to identify and recommend A primary reason these bills typically individuals for consideration to serve on the JQC. go through the judiciary committees of the House and/or Senate is because the attor- ney members of those committees, having KENNETH B. “KEN” HODGES III a natural tendency and the experience to Treasurer review documents with a fine-tooth comb, Steering the wellness initiative, with the help of many will thoroughly scrutinize the language of others, from task force to standing committee, and each piece of legislation before them. With implementing wellness activities at our meetings and the experience of having completed law CLEs, so all lawyers will have physical opportunities school, having passed the bar exam and and educational experiences to help them enjoy fuller practicing law, there is an inherent skill and healthier lives was my high point this year. among lawyer-legislators in reading and understanding the legalese present in every DARRELL L. SUTTON bill under consideration. Unlike most from Secretary any other line of work, lawyer-legislators My high point was my work co-chairing the have spent their professional lives working Senior Lawyers Committee. There is no work on a daily basis with the very code books more important than ensuring the creation of an they have the ability to amend while serv- infrastructure that allows every Georgia lawyer to ing under the Gold Dome. leave the practice when she or he is ready and under Georgia’s Senate and House commit- her or his own terms. tees responsible for handling legislation with the most impact on the legal profes- ROBERT J. “BOB” KAUFFMAN sion and judiciary and the makeup of their Immediate Past President current membership are as follows: The highlight of my year has been seeing the  Senate Judiciary Committee: nine completion of the disciplinary rules revision, which lawyers and three non-lawyers. started during my year as president and has now been approved by the Board. I'm confident the rules,  Senate Special Judiciary Committee: once approved by the Supreme Court, will provide two lawyers and six non-lawyers. the Bar with a more efficient and fair system of lawyer discipline.

2017 JUNE 7  House Judiciary Committee: 14 law- lawyer colleagues, particularly in the ar- yers and three non-lawyers. eas of criminal law and family law. Law- makers from outside the legal profession  House Judiciary Non-Civil Commit- frequently hear from constituents who tee: 11 lawyers and six non-lawyers. may have had an adverse outcome in a discrete case, and they feel a need to cre- Lawyer-legislators are particularly ate legislation to address what happened. helpful for legislation addressing the ju- In these instances, lawyer-legislators are diciary or a code revision. The judicial able to point out potential unintended branch of government is the one with consequences of certain language in a which the general public has the least bill, or the way a bill would change the interaction and, therefore, about which process on a wider scale. Most often, most people have the least knowledge. lawyer-legislators are able to help perfect Lawyer-legislators, on the other hand, the language of a bill to make it better for have the experience and understanding all concerned. necessary to lend a hand with any legisla- Non-lawyers serving in the Legis- tive proposal affecting the judiciary. lature are actually appreciative of such It can be difficult to get a non-lawyer assistance. Most lawyer-legislators can interested in legislation dealing with point to examples of being approached appellate jurisdiction, civil procedure by colleagues on the House or Senate or evidence, but those issues have a floor and being asked, based on their le- tremendous influence on the legal pro- gal expertise, what certain wording in a fession and the judicial system. Unlike bill means or how they should vote on at the federal level, where the U.S. Su- legislation. How many of us have heard preme Court and the U.S. Judicial Con- these famous last words: “I’m not a law- ference promulgate the rules of civil yer, but . . .”? Without the input of law- procedure and evidence pursuant to the yers, bills involving e-filing, evidence, authority granted by the Rules Enabling discovery and other uniquely “legal” Act, at the state level, those issues are topics can be fraught with problems. addressed legislatively by the Bar and Lawyer-legislators are also in high de- lawyer-legislators who understand the mand by those who understand the value need to update and improve certain ar- of lawyers in sponsoring legislation they eas of the law. are supporting. Gov. Nathan Deal, a law- Lawyer-legislators can also provide yer himself, has wisely relied on many valuable insights in areas of the law that of the lawyers in the Legislature for are targets for tinkering by their non- his initiatives. In January 2013, under then-Presi- dent Robin Frazer Clark’s leadership, the State Bar hosted a legislative forum as part of that year’s Midyear Meeting. The panel discussion featured a number of veteran lawyer-legislators from both houses and both political parties. Each Lawyer-legislators are also in high panelist presented keen insights on the demand by those who understand important role that Bar members fulfill in the drafting and perfecting of all types the value of lawyers in sponsoring of legislation, including these key points legislation they are supporting. that remain applicable:  Lawyers are experienced in hearing the evidence pro and con, weighing it out and making a determination or judgment. That is a necessary skill in the legislative process generally and at the committee level in particular.

8 GEORGIA BAR JOURNAL  At times, the most important contri- For all who are elected, public service Oliver, Rep. , Rep. Jay Powell, Rep. bution a lawyer-legislator can make requires a sacrifice of both time and mon- Regina Quick, Rep. , Rep. is to stand up and say “no” to a col- ey. Lawyers who serve in the Legislature Deborah Silcox, Rep. Jason Spencer, Rep. league’s proposal, even in opposition must consider their continued obligations , Rep. , to what might be a popular stance to their clients and their firms, but service Rep. Robert Trammel, Rep. Andrew Welch among the voters back home. It’s to the citizens of Georgia and to our sys- and Rep. . often up to the lawyers in the room to tem of laws can be an immensely positive We are also appreciative of the excep- ensure any legislation under consider- force for what is just and good. tional work of our Advisory Committee ation will pass constitutional muster. Recognizing this, I would like to express on Legislation, chaired by Jon Pannell, my sincere thanks to the Bar members who and our advocacy team at the Capitol:  Because of our training and experi- served our state during this year’s session Christine Butcher Hayes, Rusty Sewell, ence in adversarial situations, the of the General Assembly: Senate Major- Mark Middleton and Roy Robinson. They ability to exhibit professionalism en- ity Leader , Sen. Judson Hill, provide a tremendous service to the public, ables lawyers to radiate a moderating Sen. Harold Jones, Sen. John Kennedy, Sen. our profession and the justice system in the influence in the legislative chambers William Ligon, Sen. Joshua McKoon, Sen. lawmaking process. The best way to assist when the tension runs high during , Sen. Jesse Stone, Sen. Curt their efforts would be to have a few more debate on certain volatile issues. Thompson, Sen. ; House Speak- lawyers serving in the House and Senate.  er , House Minority Leader  In addition to making a positive differ- , Rep. Beth Beskin, Rep. ence in the quality of legislation, serving , Rep. Johnnie Caldwell, Endnotes in the Legislature is one way to expand Rep. Christian Coomer, Rep. David Dreyer, 1. Gabrielle Orum Hernandez, “Lawyers a lawyer’s horizons and work outside Rep. , Rep. , Fight to Maintain Presence in General the box of a particular practice area Rep. , Rep. , Assembly,” Daily Report, April 13, 2016. specialty. For some lawyer-legislators, Rep. Meagan Hanson, Rep. , 2. Jacob Gershman, “The Kansas Senate Has the annual General Assembly session Rep. , Rep. Dar’shun Kendrick, a Legal Problem: Not a Single Lawyer,” serves as a sabbatical from the routine. Rep. Brenda Lopez, Rep. Mary Margaret The Wall Street Journal, Jan. 11, 2017.

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2017 JUNE 9 GBJ | From the YLD President

A Successful Year of Statewide Service

The 2016-17 State Bar year is now In that spirit, the Women in the Pro- winding to a close, and I want to thank fession Committee sponsored a two-day my fellow members of the Young Lawyers retreat with CLE programming and ac- Division for the honor of serving as YLD tivities last October in the peaceful moun- president. The success we have had this tain setting of Blue Ridge, Ga. The pre- year is a result of the hard work and tre- sentations included “Creating Your Own mendous support of YLD members from Professional Development Path: Tips for all parts of Georgia. To let everyone else Navigating Your Career in Today’s Legal in the State Bar know what the YLD has Market,” “Avoiding Legal Malpractice,” worked to achieve this year, here are a few “Trial Advocacy for Women,” “The Art of the highlights: of Self-Promotion,” “How Women Help Women Succeed” and “Lawyer Horror Stories: Best Practices for Confronting A Centennial Celebration Gender Diversity & Inclusion Issues with JENNIFER C. MOCK Last August, the YLD’s Women in the Professionalism & Civility.” Profession Committee—co-chaired by Morgan Clemons and Baylie Fry of At- YLD President lanta—spearheaded the State Bar’s cel- Signature Fundraiser State Bar of Georgia ebration of “Women in the Profession: for Georgia CASA [email protected] 100 Years of Georgia Women Lawyers.” In February, the YLD held our 11th annu- The occasion appropriately observed the al Signature Fundraiser at Terminus 330 century of progress dating back to 1916, in Atlanta. This year’s event, “Carnival for when the ap- CASA,” was a black-tie affair that includ- proved legislation and the Supreme Court ed dinner, dancing and a silent auction— of Georgia decided to admit women into along with some carnival-themed fun like the practice of law. ring-toss, whack-a-mole, a claw machine Held at the Bar Center, the event and doughnut wall, covered with delec- featured an exhibit of photos, articles, table Krispy Kreme products. YLD Past clothing and other historical items. The President and current State Bar Secretary committee also presented an impressive Darrell Sutton was presented with the program, which included dramatic read- YLD’s annual Signature Service Award, ings, a commemorative film and a panel recognizing his committed support to the discussion for CLE credit—all to celebrate State Bar and his community. the progress of women lawyers and in- More than 200 were in attendance, in- us to continue to take on leadership cluding lawyers of all ages, judges, friends, roles within the profession. family members and sponsors. This year’s

10 GEORGIA BAR JOURNAL event raised more than $50,000, with net OFFICERS’ BLOCK proceeds going to our beneficiary, Geor- In this issue of the Georgia Bar Journal, we asked our YLD officers, gia Court Appointed Special Advocates What was the highest point of your year of service? (CASA). This funding will benefit children “ ” statewide. CASA volunteers advocate for kids who have been placed in foster care or similar settings by state agencies. Many thanks to Co-Chairs Audrey JENNIFER C. MOCK | YLD President Biggerstaff Bergeson of Decatur, Rizza I have truly enjoyed meeting so many attorneys from O’Connor of Lyons and Katherine Willett across the state over the past year. We have such a of Augusta and all members of the Signature diverse group of attorneys in this state, and I have Fundraiser Committee for their efforts to found it interesting to learn others’ perspectives on our make this year’s event such a success. profession and the judiciary.

NICOLE C. LEET | YLD President-Elect Legal Food Frenzy This year I had the honor and privilege of serving on the The YLD again teamed up with the Office Executive Committee and serving as a liaison between of Attorney General Chris Carr to host the the YLD and “Big Bar” which provided opportunities to not Georgia Legal Food Frenzy, a food drive only learn more about the work done by the Bar but also and fundraiser competition among law help identify more opportunities for the YLD to serve. firms, law schools and other legal organiza- tions from across the state. RIZZA O’CONNOR | YLD Treasurer The YLD Legal Food Frenzy Committee My highlight has been speaking to law classes and groups co-chairs are Daniel Burroughs of Augusta, about balancing professional and family roles. I received Justin Oliverio of Decatur, Justin Purvis of such positive feedback, especially from women, who need Valdosta and Lisa Robinson of Lilburn. A to hear that it is possible to be active with the Bar, achieve personal satisfaction and still devote quality time to family. total of 215 legal organizations, represent- ing more than 14,000 members, participated WILLIAM T. WILL DAVIS | YLD Secretary in this year’s competition, which brought in “ ” a record-breaking 1.34 million pounds of The highlight of my first year of service is seeing the food to benefit Georgia’s nine regional food continued growth of our active membership in the YLD. I banks and fight hunger in our state. love meeting first-time attendees at committee events or quarterly meetings and speaking with those people as they learn, first hand, how engaging YLD involvement can be. Disaster Legal Assistance JOHN R. B. JACK LONG | YLD Immediate Past President This committee, chaired by Bert Noble of “ ” Cartersville, was mobilized through a memo- The best part of being a YLD president was meeting so many randum of understanding between the Geor- other young lawyers and encouraging them to better our community. That aspiration was realized when a record gia YLD, the American Bar Association and $135,000 was raised by the YLD Signature Fundraiser to help the Federal Emergency Management Agency build a camp for disabled children. (FEMA), to provide disaster legal assistance to those in need after a natural disaster. SHAMIRACLE S. JOHNSON | YLD Newsletter Co-Editor Last October, the people of Savannah Being sworn in as the co-editor of The YLD Review was the and Brunswick were hit hard after Hurri- highest point of my year of service. As co-editor, I was cane Matthew struck coastal Georgia. Then afforded the opportunity to connect with lawyers across the in February, a new disaster was declared by state through content that educated my colleagues about FEMA to respond to damage from storms changes in the law, self-preservation and trial skills. and tornadoes in Georgia. The YLD committee works through a HEATHER RIGGS | YLD Newsletter Co-Editor Disaster Relief Hotline, which is monitored The high point of my year has been meeting, getting to regularly. Bert Noble directs calls to vol- know and working with so many inspiring young lawyers. unteer attorneys, who take calls and cases I’m honored to have had the opportunity to promote their with issues related to insurance, consumer innovative projects and programs, impacting the public fraud, loss of identity documents, housing and our profession, in The YLD Review this year. law and more. Several volunteer attorneys

2017 JUNE 11 As I prepare to hand the YLD president’s gavel to Nicole Leet, I again thank you for the opportunity to have been a part of such a year of accomplishment and success.

stepped forward to actively handle cases recognition program. Each quarter, we ship Program. Applications are received related to these two disasters. issue a call for nominations of young law- from third-year law students and young yers who have gone above and beyond in lawyers who have secured a public in- service to the profession, Bar, YLD and/ terest internship for the summer. Our Leadership Academy or their community. Three “Stars” are committee, co-chaired by Jana Edmond- The 12th annual edition of the YLD Lead- then selected, and they receive recogni- son-Cooper and Kerry Nicholson of At- ership Academy, one of our award-winning tion on our website and at YLD meetings lanta, grades the applicants, and the top signature programs, was another big suc- throughout the year. three receive a $5,000 stipend for their cess. Aimed at young lawyers who are in- The honorees thus far include: (Fall summer work. terested in developing their leadership skills 2016) Lori Anderson of Atlanta, Sonia We held three Wills for Heroes Clin- and using them to serve the legal profes- Lakhany of Atlanta and LaKeisha Randall ics for first responders around the state. sion, their communities and our state, the of Atlanta; (Winter 2017) Ron Daniels of Volunteer young lawyers spend the day Leadership Academy now boasts more than Perry, Jake Evans of Atlanta and Garon with first responders to assist with estate 440 alumni. Many of those YLD members Muller of Augusta; (Spring 2017) Terri K. planning documents. The YLD Estate have gone on to become solo practitioners, Benton of Macon, Elissa Haynes of Atlanta & Elder Law Committee, co-chaired by judicial law clerks, partners in large and and Bert Hummel of Atlanta. Mandy Moyer of Cumming and Jennifer small law firms, assistant district attorneys, Please send your quarterly nominations Bost Thomas of Atlanta, coordinated the public defenders, nonprofit lawyers, alter- to Mary McAfee at [email protected]. clinics, which were held Oct. 8 in Dallas, native dispute resolution specialists and in- Feb. 25 in Gwinnett County and May 13 house counsel for Fortune 500 companies. in Columbus. This year’s program offered participants Newsletter Redesign The 11th annual Supreme Cork fun- the opportunity for 12 CLE credit hours in ShaMiracle Johnson and Heather Riggs, draiser took place in Atlanta on Feb. 16. six monthly sessions from January through co-editors of The YLD Review, imple- The beer and wine tasting and silent auc- June. The first two programs on “Becom- mented significant improvements, both in tion raised money for the Atlanta Volun- ing a Leader in the Bar and YLD” and style and content, to our primary member teer Lawyers Foundation’s Guardian ad “Lawyers as Leaders in State Government” communications vehicle. The new maga- Litem Program and Domestic Violence were held in Atlanta, followed by “Profes- zine format and substantive, practice-cen- Program. The YLD Family Law Com- sionalism” in Asheville, N.C., “Develop- tered articles are a positive change for the mittee, co-chaired by Jonathan Brezel and ing Your Leadership Skills” in Columbus quarterly publication. Michaela Mericle of Atlanta, sponsored and “Pro Bono and Community Service” Additionally, YLD members are now the event. in Macon. The closing session and gradu- kept up to date on timely news, com- As I prepare to hand the YLD presi- ation will take place in conjunction with mittee and local affiliate reports online dent’s gavel to Nicole Leet, I again thank the Bar’s Annual Meeting on Jekyll Island. thanks to the launch of The YLD Review you for the opportunity to have been a part If you are interested in applying for the blog at www.theyldreview.org. It’s an of such a year of accomplishment and suc- 2018 YLD Leadership Academy or would excellent way to know what’s going cess. I wish I had space to express appre- like more information, send an email on in the YLD between editions of the ciation to each and every committee chair to [email protected]. printed newsletter. and member whose volunteer efforts con- tributed to these and all of the YLD’s proj- ects and programs, which continue to live Stars of the Quarter Other Highlights up to our reputation as “the service arm” of A new initiative this year was the intro- We also successfully completed another the State Bar of Georgia.  duction of the “YLD Stars of the Quarter” year of the YLD’s Public Interest Intern-

12 GEORGIA BAR JOURNAL “And Justice for All” 2017 State Bar Campaign for the Georgia Legal Services Program, Inc. Add Your Gift or Pledge on Line D

includes a $100 contribution. C. $ (+) SectionBAR NUMBER: Fees 2017–2018 STATUS: D. $ (+) Georgia Legal Services Program ContributionDUES NOTICE */63LVDQRQSURÀWFRUSRUDWLRQWKDWSURYLGHVFLYLOOHJDODUE JULY 1, 2017 services for low income persons, creating equal access Pay online at www.gabar.org or to justice and opportunities out of poverty. SuggestedMail to P.O. Box 102054 Atlanta, GA 30368-2054 contributions are $300 per year; $100 for youngerTAX ID NUMBER: lawyers. 58-0939623 2USOHGJHBBBBBBWREHIXOÀOOHGODWHU7KDQN\RXDUES SUMMARY PAYMENT SCHEDULE A. JUL 1 $ 348 Fees due (+) Your Amount Includes: AUG 1 $75 late fee if USPS postmark is Active Dues E. Mandatory $ Clients’ Security$248 Fund of after 11:59 p.m. (EDT) on August 1 $ or Inactive Dues SEPT 1 (+) Printed Mandatory Directory Bar Facility Assessment of & Handbook (+$25) Ineligible to practice and will be $124 excluded from Bar Directory Optional Legislative & Public Education$0 Fund of JAN 1 $175 late fee if USPS postmark is Credit for prior year dues overpayment of$0 F. B. after 11:59 p.m. (EST) on January 1 $ $ (+) (+) or (-) $100 SECTION FEES (C) Legislative & Public Education $2 Section memberships from last year are marked with an “X”. Please Fund Contribution This voluntary contribution is the only support the check all desired sections for this year and place the total on Line C in program receives; it is not funded by Bar dues. The the dues summary box. For section descriptions go to www.gabar.org. program helpsv ensurees; it that the professionhe only su is well helps is not funded pport t representedreprese psin supportingensure or opposingd by Bar issues relatinghe to $25 Administrative nted in that th dues. T the practicepra of law.susuppor Line A includese profe a $100 contribution.he ctice o ting or fessions i $20 Agriculture C. f law. opposi s well (02) $ w LineL A ngg isissu $20 $20 (+) include es rela Animal (31) Franchise & Distribution Section Fees s a $10 ting to D. $ 00 contr $20 Antitrust $35 General Practice & Trial (+) ibution (51) (50) . $15 $10 Georgia Legal Services Program Contribution Appellate Practice (03) Government Attorneys (11) */63LVDQRQSURÀWFRUSRUDWLRQWKDWSURYLGHVFLYLOOHJDO*/63LV $15 $20 DQQRQS Aviation (42) Health (44) servicesservice for low URÀWFRincomeUSRUDWL persons, creating equal access s for low inco RQWK $35 Bankruptcy $15 Immigration to justicejust and opportunitiesme pers outQ of WKDW poverty.SURYLG Suggested (04) (36) ice and ons, cr HVFLYL $20 $15 contributionscontrib areoppopport $300 per year; $100creatinge for youngerOOHJDO lawyers. Business (05) Individual Rights utions unities equal a DO $20 (46) are $3 out of ccess $35 2USOHGJHBBBBBBWREHIXOÀOOHGODWHU7KDQN\RX2USOH2 GJHB $300 per y poveoverty. Sugg Child Protection & Advocacy (06) Intellectual Property (12) E. BBBBBW ear; $1 ested $35 $25 $ WREHIXR 00 fofor Constitutional Law (55) International (+) OÀOOHG younger (18) Printed Directory & HandbookODWHU (+$25) lawyer $25 Consumer $20 F. $ 7KDQDQN\ s. (56) Judicial (14) (+) RX $25 $20 Late Fee (After 8/1) Corporate Counsel (48) Labor & Employment (47) $20 $25 $ Creditors’ Rights (28) Law & Economics (15) $20 $10 TOTAL PAYMENT Criminal (39) Legal Economics (58) $20 Dispute Resolution $10 CREDIT CARD PAYMENTS (07) Local Government (26) $25 $15 E-Discovery (38) Military/Veterans (16) Credit card payments can be made at www.gabar.org or by completing $20 $25 Elder (57) Nonprofit (17) the section below. $35 $25 Eminent Domain (40) Product Liability (53) $20 $15 Employee Benefits (43) Professional Liability (33) Credit Card Number $25 $35 Entertainment & Sports (52) Real Property (54) $25 $15 Environmental (25) School & College (19) $20 Equine $10 Expiration Date (08) Senior (30) Amount Authorized to Charge (required) $35 $20 Family (49) Taxation (41) $30 $25 Fiduciary (09) Technology (20) BAR NUMBER: $15 ! (10) Tort & Insurance Practice (27) 8SGDWH\RXUPHPEHUSURÀOHDWZZZJDEDURUJ $25 ______Workers’ Compensation (13) QUESTIONS? (21) THE STATE BAR OF GEORGIA IS UNABLE TO ACCEPT FAXED ? PHONE: ! 404-527-8777 or 800-334-6865 OR EMAILED DUES NOTICES FOR CREDIT CARD CHARGES. EMAIL: [email protected] WEB: www.gabar.org SEE MANDATORY ASSESSMENTS ! AND OTHER IMPORTANT RULES ON THE REVERSE SIDE. and Support Justice for All! The Culver family was evicted from their home when the landlord failed an inspection that revealed he had failed to maintain the home. The landlord responded by evicting the Culvers and denying the return of their security deposit. With GLSP’s legal assistance, the Culvers had the wrongful eviction reversed, maintained their housing voucher and clean credit rating, and received treble damages against the landlord for the failure to return the security deposit. The Culvers returned to their home.

2017 “And Justice for All” State Bar Campaign for the Georgia Legal Services Program®

Make your gift or pledge today on Line D! Thank you for your support!

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

Legislative Fund Helps Improve Public Policy

Every year, when you receive your number of appointed members. Before any dues statement from the State Bar of position can be taken, the policy requires a Georgia, I am sure you notice the option- majority vote as to whether the matter is al $100 contribution to the Legislative & germane, followed by a two-thirds major- Public Education Fund. You are encour- ity vote on the merits of the position. aged to participate in contributing to this This process is designed to limit the fund, which enables the Bar to maintain State Bar’s political advocacy to matters a strong and active voice on behalf of the that improve the quality of legal services legal profession in supporting or oppos- and upon which most of our members ing issues of importance to the adminis- agree. Your representatives on the Board tration of justice in our state. always welcome your input on legislation It is important to the public and the and any other State Bar matter. justice system that we continue to ad- Once a position on legislation has vocate effectively to our local, state and received the necessary approval of the federal officials. Thanks to your ongoing Board, our legislative team at the Capitol support of the cause of justice through is responsible for preparing for action on contributions to Legislative & Public that issue. Our advocates stay informed as Education Fund, we are able to enhance to all proposed legislation that would affect JEFF DAVIS public awareness of these issues on the members of the Bar and the practice of law. part of Georgia’s citizens and assist our The Bar president and other lawyers from Executive Director policymakers in their difficult decisions. our various sections who have expertise in State Bar of Georgia As you know, the State Bar of Geor- a particular area of the law are often called [email protected] gia regularly takes positions on legislative to testify in support or opposition to such proposals that are germane to the legiti- legislation in committee hearings. The mate purposes of the Bar. While the Bar’s Bar also establishes ad hoc committees as legislative program is supported by vol- needed for specific legislation. untary contributions, we have historically The expertise and experience of Geor- elected to operate under the self-imposed gia lawyers have contributed significantly benchmarks described in Standing Board to the advancement of our statutory law. Policy 100, and we will continue to do so. Most proposals are researched and writ- Compliance with the policy provides ten by one of our 48 law sections, which for initial consideration and recommenda- focus on specific areas of the law. tion by the Advisory Committee on Leg- Additionally, because neither the ACL islation (ACL), after which the matter re- nor the Board meets while the Legislature ceives a second consideration by the Board is in session, the policy authorizes the Ex- of Governors, which determines the legis- ecutive Committee to address Legislative lative positions of the State Bar. The Board issues during that period each year. In is comprised of 160 lawyers and judges those cases, the Executive Committee is elected by active Bar members from each required to follow a three-step process. Its judicial circuit in the state, in addition to a members must first determine by major-

14 GEORGIA BAR JOURNAL ity vote that the issue is germane to the ing legislation. Member involvement is Attending a Lobby Day is one of the legitimate purposes of the State Bar. Next, critical to the effectiveness of the Action most effective ways to interact with your a majority vote is required to determine Network, which is an online service to representatives in the General Assembly. that the legislation could not reasonably inform our members and empower our You have the opportunity to see both the have been submitted to the Board. If the advocacy efforts. House and Senate in action, enjoy lunch first two votes are in the affirmative, the Signing up for the network on the with your legislators and our lobbying Executive Committee must then decide by Bar’s website will enable you to keep team, and attend a House or Senate Judi- a two-thirds majority vote to support or abreast of legislative developments ciary Committee Meeting. oppose the legislation in question. at the Capitol in near real time, track “I was most impressed by the clear di- Most important matters addressed by the Bar’s legislative agenda and moni- rection provided by the Bar’s leadership to the State Bar deal with Georgia’s statu- tor other legislation affecting the legal the staff and lobbyists working in Atlanta, tory law that are of little interest to the profession and help advance our efforts i.e., to grow the Bar’s political influence by general public and rarely reported on by conveniently communicating with fostering relationships between attorneys by the news media. Occasionally, one or your representative and senator with across Georgia and their representatives more of the State Bar’s legislative posi- the click of a mouse or a tap on your and senators serving in Atlanta,” wrote tions will receive extensive coverage and mobile device. It only takes a minute to Justin Franklin of CarterFranklin, LLP, in become the source of vigorous debate, sign up, and your participation is critical Metter in an account of his own Lobby Day even within the legal community. That to our program’s success. experience at the Capitol. “And while many is the reason the Board policy requires a During the 2017 session of the Gen- lawyers already have long-established rela- two-thirds, rather than a simple majority, eral Assembly, the State Bar’s legislative tionships and influence with their elected vote of approval before the State Bar takes agenda included support for seven House officials, nothing grabs the legislators’ at- any legislative position. We recognize that and Senate bills and two state funding tention like an on-site visit demonstrating most positions are not supported by 100 requests. Bar members were kept in- commitment on specific issues, the seri- percent of Georgia’s 49,000-plus lawyers. formed and were able to track the prog- ousness with which you hold their service However, if you look at the State Bar’s ress of our legislative initiatives via the and votes, or your willingness to discuss total legislative program over the long weekly updates compiled by our advo- the interpretation or potential impact of term, I hope you will agree that this pro- cacy team at the State Capitol and posted certain bills. I was able to meet with two gram allows Georgia lawyers to share their to our website. senators and one representative from dis- expertise and experience for the good of Our legislative program provides a tricts surrounding my practice. I also had Georgia’s citizens. This is why it is so cru- number of other opportunities for Bar a brief moment with the speaker of the cial for you to voluntarily contribute to the members to participate during the Gen- House and the governor. I feel confident Legislative & Public Education Fund when eral Assembly’s annual 40-day session this effort will yield great things for the Bar you pay your annual State Bar dues. and throughout the year, including but in years to come if the effort is sustained. I You can also support the State Bar’s not limited to: would encourage any lawyer to participate legislative program by keeping your rep- in this cause.” resentatives on the Board of Governors  Submitting op-ed columns or letters And remember, your participation can informed about your opinions on pro- to your local newspaper editor in sup- be as simple as making that voluntary posed legislation before them and by de- port of Bar positions. contribution to the Legislative & Public veloping a personal relationship with the Education Fund when paying your annual  Testifying before House or Senate elected members of the Senate and House State Bar dues. committees on issues in your area of of Representatives from your community If you have any questions about the Ac- expertise. so that you may help explain the State tion Network, next year’s Lobby Days or Bar’s positions on various issues.  Taking your legislators to breakfast any legislative events scheduled between The creation several years ago of the or lunch. now and the 2018 legislative session, State Bar of Georgia Action Network has please do not hesitate to contact Chris-  Attending local legislative events to simplified the process for Bar members tine Butcher Hayes, our director of meet with and engage your legislator. to contact your legislators throughout governmental affairs, at 404-526-8608 the year to share your experiences and  Attending a Grassroots Lobby Day at or [email protected].  recommendations on proposed or pend- the Capitol.

2017 JUNE 15

GBJ | The Legal

How Not to Get Thrown in Jail

This article explains the court’s contempt authority, outlines the important areas in the law of contempt (specifi cally, criminal contempt) and off ers strategies for a lawyer defending against a criminal contempt citation. BY LAWRENCE J. ZIMMERMAN

Lawyers are often held in contempt for reasons that could have been avoided with simple preventative measures, such as filing a conflict letter, or making a phone call to chambers when stuck in traffic. Judges prefer not to hold a member of the Bar in contempt. But often the same attor- ney keeps getting in the judge’s craw, push- ing the judge over the edge and prompting the judge to take action. Other times, issues such as addiction and mental health raise concerns for the court. While contempt is usually not the best vehicle to address such issues, under certain circumstances con- tempt may be the only way for a judge to get an attorney’s attention. To be sure, there are also times when the judge misunderstands the law of contempt and is wrong to issue a contempt citation. This article explains the court’s con- tempt authority, outlines the important

PHOTO BY ISTOCK.COM/AANTON areas in the law of contempt (specifically,

2017 JUNE 17 criminal contempt) and offers strategies contumacy, whereas civil contempt for a lawyer defending against a criminal imposes conditional punishment as a contempt citation. means of coercing future compliance with a prior court order.”5

Contempt Authority Criminal Contempt Georgia courts are statutorily autho- In International Union, United Mine Work- rized to “inflict summary punishment for ers of America v. Bagwell, the U.S. Supreme contempt of court” for misbehavior in Court stated that criminal contempt “is court (or near court, if the misbehavior a crime in the ordinary sense,” and that obstructs the administration of justice) “criminal penalties may not be imposed and for disobeying lawful orders.1 Addi- on someone who has not been afforded tionally, the Georgia Constitution grants the protections that the Constitution each court broad authority to “exercise requires of such criminal proceedings.”6 [its] powers as necessary in aid of its ju- As such, the criminal contempt requires risdiction or to protect or effectuate its proof beyond a reasonable doubt.7 If the judgments.”2 Specific grants of authority contempt is directed toward the court aside, the judicial contempt power is often (i.e., “direct” contempt, discussed later) referred to as “inherent”—without it, the and the judge is not involved in the con- court could not preserve order or perform troversy, an attorney has no right to a its public duty.3 hearing.8 Courts, though, must provide Although the court has broad power the contemnor a chance to explain the to punish for contumacious conduct, that reasons for their actions before announc- power is not absolute. ing punishment.9 In superior court and state court, the maximum punishment for each count of Criminal Contempt contempt is a 20-day jail sentence and a Versus Civil Contempt $1,000 fine.10 In magistrate court, the Broadly, “contempt” refers to “disre- maximum punishment is a 10-day jail sen- gard for or disobedience of the order or tence and a $200 fine.11 In probate court, command of the court,” including “the the maximum punishment is a 20-day jail interruption of court proceedings.”4 sentence and a $500 fine.12 In juvenile The distinction between criminal con- court, the maximum punishment for an tempt and civil contempt lies in the adult is a 20-day jail sentence or a $1,000 punishment imposed for the contempt. fine (but not both).13 These restrictions “[C]riminal contempt imposes uncon- apply to criminal contempt—not to sanc- ditional punishment for prior acts of tions imposed for civil contempt.14

Civil Contempt As noted above, civil contempt imposes conditional sanctions with the purpose of coercing future compliance with an Georgia courts are statutorily authorized existing order. With civil contempt, the contemnor has the power to avoid to “inflict summary punishment for sanctions, which is why those subject to civil contempt sanctions are often said contempt of court” for misbehavior in to “carry the keys of their prison in their court (or near court, if the misbehavior own pockets.”15 The standard of proof for civil contempt is preponderance of obstructs the administration of justice) the evidence.16 The statutory restrictions on punish- and for disobeying lawful orders. ment for criminal contempt do not ap- ply to civil contempt. Thus, sanctions for continuing contempts can exceed those allowed for criminal contempt.17

18 GEORGIA BAR JOURNAL Direct Contempt opportunity to be heard, to determine Versus Indirect Contempt punishment summarily without fur- Contempt (criminal or civil) is either ther proceedings . . . . ‘[But where] direct or indirect. Direct contempt in- the announcement of punishment is volves conduct directed toward the delayed, and where the contumacious court; contemptuous conduct outside conduct was directed toward the the courtroom, beyond the court’s pres- judge or where the judge reacted to ence, is considered indirect contempt.18 the contumacious conduct in such a “The procedures that a trial court must manner as to become involved in the follow to hold a person in contempt de- controversy, the judge may give the pend upon whether the acts alleged to attorney notice of specific charges, constitute the contempt are committed but the hearing, including the attor- in the court’s presence (direct contempt) ney’s opportunity to be heard, must be or are committed out of the court’s pres- conducted by another judge.’27 ence (indirect contempt).”19 In direct criminal contempt matters, The trial judge in Schoolcraft had grant- that must be proven in all contempt cases.34 due process is satisfied “by simply giving ed a criminal defendant a bond based on Furthermore, the accused has the right to counsel an opportunity to speak on her information the defendant’s attorney pro- be represented by counsel and to be heard own behalf.”20 After having given that op- vided in response to the judge’s question- in non-summary contempt actions.35 portunity, the court can “announce pun- ing. The judge later concluded that the In 2008, the Supreme Court of Geor- ishment summarily and without further information was false. The judge issued gia issued In re Jeferson,36 an important notice or hearing.”21 a contempt citation, scheduled a hearing opinion concerning contempt issues. Examples of direct contempts commit- and presided over the contempt hearing. In Jeferson, the Court granted certio- ted by attorneys are failure to give prompt At the hearing, the attorney admitted rari to “clarify the proper standard for notice of a conflict, failure to appear at a that the information was false but attrib- determining whether a lawyer’s com- calendar call and failure to show up for a uted the matter to misunderstanding the ments during trial constitute contempt trial.22 Under these circumstances, courts judge’s question.28 The judge, however, of court.”37 During the trial, the judge must provide the contemnor a chance “did not think his question could have cited the attorney with eight instances of to explain his or her actions before been misinterpreted” and sentenced the contemptuous conduct that included the announcing punishment.23 attorney to 48 hours in jail and 40 hours following: “inappropriate facial expres- With indirect criminal contempt, “the of community service, and ordered that sions, disrespectful tone of voice, and considerations justifying expedited proce- the attorney’s name be stricken from the improper statements.”38 The attorney’s dures do not pertain.”24 Indirect contempt county’s appointed counsel list.29 punishment was 30 days in jail. On ap- cannot be summarily adjudicated—“due The Court of Appeals concluded that peal, the Court held that to find an attor- process requires that a person who is tried the trial judge erred in presiding over the ney in contempt the court must first find for indirect criminal contempt is entitled contempt hearing himself.30 There was “the attorney’s statement and attendant to more normal adversary procedures,” “no question that the allegedly contuma- conduct either actually interfered with including being advised of the charges, cious conduct was directed toward the or posed an imminent threat of inter- having a reasonable opportunity to re- judge, as it occurred in direct response to fering with the administration of justice spond, being permitted to obtain counsel the judge’s question.”31 The hearing tran- and that the attorney knew or should and having the right to call witnesses.25 script, furthermore, “raise[d] an inference have known that the statements and at- that the trial judge had become involved in tendant conduct exceeded the outermost Contempt and the Recusal of Judges the controversy as he necessarily applied bounds of permissible advocacy.”39 Judges and lawyers alike are sometimes his impressions from the prior bond hear- This opinion provided a non-ex- confused as to what triggers judicial re- ings in reaching his finding of contempt.”32 haustive list of factors that may help cusal from a contempt action. Thankfully, The Court of Appeals added, “It is difficult trial courts in determining whether state- the Court of Appeals provided an instruc- to maintain the objectivity required of a ments or actions by the attorney should tional opinion about this issue in In re fair and impartial judge, when you are de- be considered contemptuous.40 Those Schoolcraft.26 In Schoolcraft the Court stated, ciding whether it is your version or the factors, however, must be viewed against defendant’s that is correct.”33 the backdrop of an attorney’s obligation In order to maintain order in his to zealously represent clients. The Court courtroom, a trial judge has the pow- The Burden of Proof and Due Process stated, “[I]n light of the important con- er to issue an order of contempt for in Criminal Contempt Cases stitutional rights involved, we are of the conduct conducted in his presence Contempt must be proven beyond a rea- opinion that, in adjudicating a case of pos- and after affording the contemnor an sonable doubt. Willfulness is an element sible contempt, ‘doubts should be resolved

2017 JUNE 19 in favor of vigorous advocacy.’”41 Jeferson to accept the mistake if it guarantees the A recent line of cases suggests that a is a must-read case for all lawyers for its contempt action is dismissed.43 lawyer’s appeal of a contempt convic- excellent language concerning the right to In defending the situation, the attor- tion will rarely, if ever, become moot, vigorously advocate on behalf of a client. ney for the alleged contemnor should regardless of whether the lawyer has proceed cautiously and lay out a strategy paid a fine or completes a jail sentence. Defending Contempt Matters for moving forward if it is clear the situ- The rationale is that a contempt con- When faced with a contempt action, a ation involves more than simple negli- viction has continuing adverse conse- lawyer should contact another lawyer gence. In many instances, there will be quences to a lawyer’s career that are who is well-versed in the nuances of con- a laundry list of allegations contained not mooted by the punishment im- tempt. That is particularly true if the law- within a petition or motion for contempt. posed being satisfied.46 yer’s situation does not involve summary If a contempt action is filed, it is always contempt. “He who represents himself recommended to file an immediate re- Common Contempt Issues has a fool for a client” is accurate even for sponse with a brief in support rebutting Two of the most commonly occurring skilled lawyers. the contempt allegations. Likewise, it contempt issues involve the failure to The first task is to determine the al- is imperative to immediately reach out send conflict letters and the failure not to legations against the lawyer, and whether to the opposing attorney to gain a bet- appear in court. While many attorneys they are criminal or civil. If the matters in ter understanding of the allegations, and think that only a phone call to chambers question occurred in court, there should determine if an evidentiary hearing is should suffice, a phone call may not be be a record of the incident. If the lawyer avoidable by reaching a resolution.44 In sufficient for a particular judge. is in court and an issue occurs with the this author’s experience, trial courts will Under Uniform Superior Court Rule judge, the lawyer should promptly con- require court approval of any settlements 17.1, Method of Resolution, there is a firm the court reporter is actively taking of criminal contempt proceedings. clear explanation regarding court con- down what is being said. It is not this author’s place to address flicts, when they are to be filed, and to The second task is to evaluate the ex- specific strategies and the preparation whom they should be sent. The attor- tent to which a simple apology can resolve necessary for contempt hearings. Howev- ney is responsible for notifying all in- the matter. In this author’s experience, er, if the lawyer charged clearly commit- terested parties of his or her proposed judges typically want to hear an accep- ted a contemptuous act, the lawyer should method of resolving the conflict.47 If tance of responsibility. If the issue is not immediately start working on mitigation there is disagreement with the pro- one of real seriousness (i.e., the lawyer is in an attempt to avoid a contempt convic- posed resolution, it is up to the differ- late to court or failed to file a conflict), it tion or to decrease the punishment given ent judges and/or clerks to resolve the is often sufficient to explain to the court after conviction. conflict, not the attorney.48 This is why that the lawyer is sorry for the mistake. If a lawyer is convicted of contempt it is imperative that a lawyer provides a A prime example of where an apology for something that did not happen in the notice of conflict as soon as practicable: would have been more than sufficient oc- presence of the court, the trial court must so that the court has enough time to curred during the O. J. Simpson murder grant a supersedeas bond.45 As discussed find a resolution. trial. During the trial, prosecutor Christo- above, it is important, for a multitude of Under Uniform Superior Court Rule pher Darden drew the ire of Judge Lance reasons, to discern whether the act(s) oc- 17.1, lawyers “are expected” to give seven Ito. The court threatened to hold Darden curred in the presence of the court. days’ notice, in writing, of the conflict.49 in contempt but dropped several obvious Should the trial court refuse to grant a As trial lawyers are aware, however, hints that an apology would resolve the supersedeas bond, the lawyer must seek there are occasions when they may be issue. Darden dug in his heels, refused to relief with either the Court of Appeals of notified of a court date within a shorter apologize and requested counsel for the Georgia or the Supreme Court of Geor- time period. In fact, the Supreme Court of contempt action. The famous trial law- gia. Living in an electronic world, we no Georgia in Foster v. Gidewon50 opined that yer, Gerry Spence, who was conducting a longer have to scramble to get to either filing a conflict notice seven days before play-by-play of the trial in the press sec- court seeking an order for relief. Lawyers the scheduled court date was not manda- tion of the courtroom—out of sheer frus- can file an application online with those tory and not always even possible: “The tration at Darden’s obtuseness—slammed respective courts. For the Court of Ap- rule’s ‘expectation’ of seven days notice down his writing pad, exclaiming “Jesus peals of Georgia, the practitioner must reflects the reality that it is not always fea- Christ.” Judge Ito responded to Spence’s log in to their account, click on the link sible or reasonable for counsel to provide outburst, “Mr. Spence, your comments that says “Emergency Motion,” and there a court with notice seven days in aren’t necessary.”42 A lawyer who is af- is a drop-down menu for contempt action advance . . . .”51 Stating that something forded the opportunity by a trial court to filings. For the Supreme Court of Geor- is not mandatory is sometimes lost on squash the issue before it goes any further gia, the emergency petition may be filed lawyers and the trial courts, but lawyers should accept it. Negligence is not suffi- through the Court’s E-File system by us- must always do their level best to provide cient for a contempt conviction. It is wise ing the “file a case” icon. notice as soon as practicable.

20 GEORGIA BAR JOURNAL Conclusion 10. O.C.G.A. § 15–6–8(5) (2015); O.C.G.A. must be proof beyond a reasonable § 15–7–4(5) (2015). doubt not only that the alleged A myriad of issues will always confront 11. O.C.G.A. § 15–10–2 (Supp. 2016). contemnor violated a court order, but the trial lawyer beyond just the scope of 12. O.C.G.A. § 15–9–34(b) (2015). also that he did so willfully.”). representation of a client. It is the nature 13. O.C.G.A. § 15–7–4(a)(5) (2015). 35. E.g., In re K. J., No. A16A1501, 2017 of trial practice. Court proceedings are 14. E.g., Chatield v. Adkins-Chatield, 282 Ga. WL 822471, at *3 (Ga. Ct. App. Mar. 2, normally adversarial, and there may be 190, 193, 646 S.E.2d 247, 250 (2007). 2017); In re Longino, 254 Ga. App. 366, heated moments where even the judge 15. Feiock v. Feiock, 485 U.S. 624, 633 (1988). 369–70, 562 S.E.2d 761, 764 (2002). and the lawyers may display uncharac- 16. E.g., In re Estate of Banks, 339 Ga. App. 36. 283 Ga. 216, 657 S.E.2d 830 (2008). teristic, aberrant behavior. Should law- 144, 146, 793 S.E.2d 451, 453 (2016). 37. Id. at 216, 657 S.E.2d at 831. yers find themselves in a situation where 17. See, e.g., Adkins v. Adkins, 242 Ga. 38. Id., 657 S.E.2d at 831. the court is claiming conduct unbecom- 248, 248, 248 S.E.2d 646, 647 (1978) 39. Id. at 220, 657 S.E.2d at 833. (statutory limitation on imprisonment 40. See id., 657 S.E.2d at 833. ing, it is imperative that the lawyer as- for contempt inapplicable to continuing 41. Id., 657 S.E.2d at 833 (quoting United sesses the situation and quickly take ac- violation of child support order; order States ex rel. Robson v. Oliver, 470 F.2d tion to protect him or herself.  imposing sentence of six-month 10, 13 (7th Cir. 1972)). imprisonment lawful because order 42. JEFFREY TOOBIN, THE RUN OF HIS LIFE: THE provided for purge of the contempt PEOPLE V. O. J. SIMPSON 287 (1996). Lawrence J. Zimmerman has upon payment); Chatfield v. Adkins- 43. Compare In re Patterson, 331 Ga. App. been practicing state and Chatfield, 282 Ga. 190, 193, 646 S.E.2d 45, 45–46, 769 S.E.2d 762, 763 (2015) federal criminal defense for 247, 250 (2007) (the statutory “monetary (attorney mistake in calendaring client’s almost 19 years throughout limitation addresses the circumstance of arraignment resulted in attorney’s Georgia and other states. He criminal contempt and is not applicable failure to appear; contempt conviction is the chair of the Lawyer's Assistance to sanctions imposed for civil contempt”; reversed because trial court did not find Committee for the Georgia Association fine of $1,500 per day until compliance willfulness), with In re Otuonye, 279 Ga. of Criminal Defense Lawyers. He has a with order upheld). App. 468, 470–71, 631 S.E.2d 500, 503 boutique practice focusing on serious 18. E.g., Newton v. Golden Grove Pecan (2006) (affirming attorney’s contempt criminal offenses. He also provides legal Farm, 309 Ga. App. 764, 768 n.7, 711 conviction when attorney did not notify commentary for different media S.E.2d 351, 355 n.7 (2011). court of conflict, appeared at a calendar organizations. 19. Ramirez v. State, 279 Ga. 13, 14, 608 call 90 minutes late, and could not S.E.2d 645, 646 (2005). adequately explain behavior). 20. Johnson v. State, 258 Ga. App. 33, 36, 44. Codispoti v. Pennsylvania, 418 U.S. 506 Endnotes 572, S.E.2d 669, 672 (2002). (1974) (holding no right to a jury trial in see also 1. O.C.G.A. § 15–1–4(a) (2015); 21. Dowdy v. Palmour, 251 Ga. 135, 141–42, contempt actions). O.C.G.A. § 15–1–3 (2015) (enumerating 304 S.E.2d 52, 56–57 (1983). 45. See O.C.G.A. § 5–6–13 (2013). the powers of court, including the 22. See, e.g., In re Herring, 268 Ga. App. 390, 46. See In re Hatfield, 290 Ga. App. 134, 137, powers to preserve order in court 391–92, 601 S.E.2d 839, 841 (2004). 658 S.E.2d 871, 874 (2008) (attorney’s proceedings, to compel obedience to 23. Ramirez, 279 Ga. at 14, 608 S.E.2d at payment of criminal contempt fine did orders, and to control the conduct 646. not moot appeal of contempt conviction of those connected with a judicial 24. Newton v. Golden Grove Pecan Farm, “because of possible continuing adverse proceeding before the court). 309 Ga. App. 764, 769, 711 S.E.2d 351, collateral consequences [the attorney] 2. GA. CONST. ART. VI, § I, ¶ 4. 355 (2011) (quoting Ramirez, 279 Ga. at may suffer as a result of his contempt See, e.g. In re 3. , Sprayberry, 334 Ga. App. 15, 608 S.E.2d at 647). of court conviction”); In re Hughes, 571, 571, 779 S.E.2d 732, 732 (2015) 25. Id., 711 S.E.2d at 355 (quoting Ramirez 299 Ga. App. 66, 67, 681 S.E.2d 745, (“[T]he contempt power is inherent in v. State, 279 Ga. 13, 15, 608 S.E.2d 645, 747 (2009) (same); Ford Motor Co. every court and, as such, is not subject 647 (2005)). v. Young, 322 Ga. App. 348, 352–54, to abridgement or restriction by the 26. 274 Ga. App. 271, 617 S.E.2d 241 (2005). 745 S.E.2d 299, 303–04 (2013) (appeal In re Legislature.”) (quoting Jefferson, 283 27. Id. at 273, 617 S.E.2d at 243–44 (quoting of revocation of pro hac vice admission Ga. 216, 217, 657 S.E.2d 830, 831 (2008)). In re Adams, 215 Ga. App. 372, 375, 450 was not moot even when underlying In re 4. Herring, 268 Ga. App. 390, 390, 601 S.E.2d 851, 854 (1994)). lawsuit had been dismissed; the order S.E.2d 839, 840 (2004). 28. Id. at 271–73, 617 S.E.2d at 242–43. on appeal specifically found violations of In re 5. Hughes, 299 Ga. App. 66, 67 n.2, 29. Id. at 273, 617 S.E.2d at 244. Georgia Rules of Professional Conduct, 681 S.E.2d 745, 747 n.2 (2009). 30. Id. at 274, 617 S.E.2d at 244. which “could affect the attorneys’ careers 6. 512 U.S. 821, 827 (1994). 31. Id. at 273, 617 S.E.2d at 244. beyond the context of” the case before See id. In re 7. ; Burgar, 264 Ga. App. 92, 94, 32. Id., 617 S.E.2d at 244. the court). 589 S.E.2d 679, 681–82 (2003). 33. Id., 617 S.E.2d at 244 (quoting Adams, 47. UNIF. SUP. CT. R. 17.1(B). In re 8. Shook, 254 Ga. App. 706, 707, 563 215 Ga. App. at 377, 450 S.E.2d at 855). 48. Id. S.E.2d 435, 436 (2002). 34. E.g., In re Burgar, 264 Ga. App. 92, 94, 49. Id. 9. Ramirez v. State, 279 Ga. 13, 14, 608 589 S.E.2d 679, 681–82 (2003) (“In order 50. 280 Ga. 21, 622 S.E.2d 357 (2005). S.E.2d 645, 646 (2005). to establish criminal contempt, there 51. Id. at 22, 622 S.E.2d at 358.

2017 JUNE 21 GBJ | Feature

A Healthier Lawyer Is a Better Lawyer

The Attorney Wellness Committee invites you to get the ball rolling toward a healthier professional and personal life. BY KENNETH B. HODGES III

Promoting health and wellness among I am also pleased to announce that members of the legal profession is one of Lane Sosebee, administrative assistant in the five major priority areas of the State the Communications Department, will be Bar of Georgia’s strategic plan for 2016- the committee’s point person on the State 18, which was approved by the Board of Bar staff for members to access informa- Governors in January 2016. The Board had tion about the wellness program and sub- already approved the creation of an Attor- mit events to be posted and promoted on ney Wellness Task Force in June 2015, our wellness website, LawyersLivingWell. and since that time its members have been com. Contact Lane at 404-527-8736 or working to explore programs, accumulate [email protected]. I also encourage you to information and educate members about contact Lane if you would like to serve on wellness issues and resources. any of our subcommittees: Mental Health, Pending approval by the Board at this Physical Well-Being, Social Well-Being, year’s Annual Meeting, the task force YLD Initiatives, Technology and Branding. will complete its evolution to commit- Over the past two years, the task force tee status and thereafter be known as the has worked to incorporate wellness activi- Standing Committee on Attorney Well- ties into the agenda for Bar meetings on ness. The committee is comprised of a a regular basis. For example, during the dedicated group of active Bar members Annual Meeting this month at Jekyll Is- who understand the day-to-day stresses land, the Young Lawyers Division, the Pro associated with the practice of law. Bono Resource Center and Capitol Part- It has been my honor to serve as ners Public Affairs Group will sponsor a the first chairman of the task force 5K Fun Run on Friday morning, June 9. and would like to thank the past two A Sunrise Beach Yoga session is scheduled Bar presidents, Bob Kauffman and Pat for early Saturday morning, June 10, and O’Connor, for their support and confi- we are also offering onsite massage therapy dence in our activities, which has helped and spa treatments by Beach Life Massage facilitate the pending elevation to stand- LLC throughout the conference. The

ing committee status. YLD’s Women in the Profession Retreat PHOTO BY ISTOCK.COM/KARANDAEV

22 GEORGIA BAR JOURNAL last October included yoga sessions and a can receive up to six free personal grams; athletic wear and gear retailers; mountain sunrise walk. counseling sessions per issue per and even chiropractic offices which offer Another component of the Lawyers year. You are encouraged to utilize significant discounts for State Bar mem- Living Well program is offering wellness- this benefit if and when it is needed. bers. Under the Physical Well-Being tab related continuing legal education semi- on the LawyersLivingWell.com website, nars. During this year’s Spring Meeting of  Suicide Awareness Campaign, which click on Wellness Partners for a list of the Board of Governors at Lake Oconee, is directed toward lawyers and judges these facilities and discounts. Many are in Avarita Hanson, executive director of the who are suffering from anxiety and the metro-Atlanta area, but we also have Chief Justice’s Commission on Profes- depression and may be at risk for partners in Athens, Milledgeville and sionalism, and I co-chaired a two-hour suicide, and other Bar members who Savannah currently and will continue to interactive CLE session, “Ethics of Well- need to recognize the severity of add more partners throughout the year. ness,” reviewing recent research and the problem and be able to identify The Attorney Wellness Program exists trends in attorney wellness. warning signs among our colleagues. out of a recognition that lawyers who are Our presenters were lawyers Stacey We have also promoted and encour- able to reduce the effects of work-related Dougan of the Anxiety & Stress Man- aged Bar members to participate in stress and live healthier, happier lives, will agement Institute and Anne Brafford, community wellness events. Last No- see a positive impact on their effectiveness chair of the Attorney Well-Being Com- vember, we had good participation and service to their clients and their firms. mittee of the American Bar Associa- for the Out of the Darkness Walk, an We also know that merely promoting tion. Recognizing the role of “Lawyer event devoted to suicide awareness and encouraging a wellness program is as Counselor,” the American Counsel- and prevention. only the beginning. The hard part is the ing Association’s ethical requirement actual commitment to exercise, nutri- of “self-care” will be used to understand  SOLACE, which is designed to assist tion, work/life/sleep balance that a busy how stress and other psychological is- those in the legal community who lawyer must take in order to realize the sues can cause career dissatisfaction and have experienced a significant, po- benefits of a healthy lifestyle and become affirmative harm to clients. tentially life-changing event in their a better lawyer. As a part of the Bar’s strategic plan, lives, including but not limited to As James Herrera, founder of Colo- we will develop and offer more CLEs on medical conditions, losses due to fire rado-based Performance Driven, a busi- work/life balance and consider imple- or other disasters, and transportation ness that focuses on athletic performance menting a mandatory one-hour CLE on needs in a crisis situation. and executive health and wellness, said overall wellness issues. in an interview for the ABA Journal The lawyer wellness initiative also in-  Law Practice Management Program, Podcast, “You’ve got to prioritize your cludes promoting and increasing mem- a member service to help lawyers and health, physical fitness and nutritional ber awareness of existing Bar programs their employees solve office man- excellence just like you would prioritize to help lawyers recognize when they (or agement issues such as technology, your career or family. It has to be a big others) are in need of help, including: firm finances, organization, library thing in your life in order to be success- materials, etc. ful with it long term.  Lawyer Assistance Program, a con- The clients that I deal with, they buy in fidential service for lawyers seeking We also support the goals of the Se- and they stick to it, they made it a priority assistance with depression, stress, nior Lawyers Committee, a special com- and recognized the benefits. Once you get alcohol/drug abuse and other issues mittee focused on the development of a the ball rolling, it is almost impossible to through a 24/7 telephone hotline progressive diversion and non-disciplin- stop and then you wonder how you ever (800-327-9631) staffed by trained ary system for intervention with respect lived any other way.” counselors, prepaid personal coun- to aging and impaired lawyers. This The Attorney Wellness Committee seling sessions and a work/life pro- initiative will help lawyers in prepar- invites you to get the ball rolling toward gram for assistance with childcare, ing their practices for succession upon a healthier professional and personal life. elder care and finances. To ensure retirement, death, impairment or other- We’re offering the tools to get you started. confidentiality, the Bar contracts wise, and assist the Office of the General Please visit us at LawyersLivingWell.com.  the services of CorpCare Associates Counsel in the disposition of the prac- Inc., Employee Assistance Program, tices of lawyers who leave their practice a Georgia-headquartered national without a succession plan. Kenneth B. Hodges III counseling agency. CorpCare is abso- A tangible benefit of our Lawyers Liv- Chair, Attorney Wellness Taskforce lutely independent of the Bar, and no ing Well program is the participation by Treasurer State Bar of Georgia information about lawyers using this our Wellness Partners around the state. [email protected] service is shared with the Office of These partners are gyms and fitness the General Counsel. Bar members centers; running, yoga and cycling pro-

2017 JUNE 23 GBJ | Feature

2017 Legislative Review

The State Bar successfully passed part of its legislative package and worked with state lawmakers on a number of bills that aff ect the profession.

BY CHRISTINE BUTCHER HAYES PHOTO BY ISTOCK.COM/TRAVELER1116

With the final gavel dropping at The State Bar saw success on two The Judicial Qualifications nearly 1 a.m. on March 31, the Georgia of the funding proposals we supported Commission General Assembly wrapped up the 2017 this year. The Legislature continued its HB 126, the Judicial Qualifications legislative session. The State Bar success- $800,000 annual appropriation to help Commission Improvement Act of 2017, fully passed part of its legislative package fund the Georgia Appellate Practice was passed with the intention of mod- and worked with state lawmakers on a and Educational Resource Center. The ernizing Georgia’s JQC and correcting number of bills that affect the profession, Legislature also renewed its $2.5 mil- some of the issues that arose with the including this year’s Judicial Qualifica- lion appropriation to the Administra- 2016 JQC legislation, HB 808. This leg- tions Commission legislation and a bill to tive Office of the Courts for grants to islation, which takes effect on July 1, implement mandatory e-filing in Georgia provide civil representation for victims 2017, splits the JQC into bifurcated pan- courts. Six of the State Bar’s bills will car- of domestic violence. els, one investigative and one adjudica- ry over into the 2018 legislative session. On the final day of the session, the tive. The investigative panel includes State Bar saw the final passage of its non- seven members: a lawyer appointed by profit corporation bill, which provides the governor, a lawyer and a citizen ap- Budget and Bar Bills a statutory means for a foreign (out-of- pointed by the Speaker of the House, a The Legislature passed a $49 billion bud- state) nonprofit corporation to change lawyer and a citizen appointed by the get for FY18, which includes nearly $25 its state of incorporation to Georgia. lieutenant governor, and two judges ap- billion in state funds, with the remainder This bill began as SB 148, sponsored pointed by the Supreme Court. The ad- coming from federal funds. This year’s by Sen. John Kennedy (R-Macon), but judicative panel, known as the hearing budget included a 2 percent raise for merged with HB 87 after Crossover Day. panel, is comprised of three members: teachers and other state employees, as well In addition to the nonprofit corporation a citizen appointed by the governor, a as $2 million to purchase insurance against language attached by the State Bar, HB lawyer appointed by the Supreme Court cyber-attacks or data breaches for various 87 also allows a corporation’s annual and a judge appointed by the Supreme state agencies. The state also appropriated registration with the secretary of state Court. Under this bill, the State Bar has another wave of funding to move forward to be valid for a period of up to three the ability to provide a list of potential with a new judicial building for Georgia’s years. This legislation will take effect on attorney nominees to each appointing appellate courts. July 1, 2017. authority that must appoint a lawyer to

24 GEORGIA BAR JOURNAL the committee. The bill also includes re-  HB 121, sponsored by Rep. Chuck  SB 301, sponsored by Sen. Kennedy, vised provisions on confidentiality, term Efstration (R-Dacula), which would which proposes to extend the tradi- limits for appointees and the operation provide five methods for modifying tional power of a fiduciary to manage of the commission. an irrevocable trust. The legislation tangible property to include man- also creates a virtual representation agement of a person’s digital assets. mechanism by which the interests of Digital assets include property such Mandatory E-filing unborn or unascertainable beneficia- as computer files, web domains and During the course of the legislative session, ries can participate in the aforemen- virtual currency. the State Bar closely tracked HB 15, which tioned trust modification processes. You’ve heard a lot in this issue about proposed to make electronic filing manda- the importance of lawyers in the Legis- tory for attorneys in civil cases in Geor-  HB 122, sponsored by Rep. Efstration, lature and how to get involved with the gia’s superior and state courts. Notably, which seeks to amendment O.C.G.A. State Bar under the Gold Dome. Whether the bill provided that a transaction fee for § 44-4-201 (the Uniform Rule Against you choose to run for office or to actively electronically filed pleadings or documents Perpetuities) to provide for a 360-year engage with a section’s legislative com- in a civil action, including electronic ser- permissible vesting period for a non- mittee, Georgia attorneys can make a vice, would not exceed $7 per transaction. vested property interest or a power lasting impact. During the 2017 session, Under the legislation, mandatory e-filing of appointment created after a certain members of the State Bar’s Fiduciary Law would not apply to filings made in connec- date. Georgia law currently provides Section did yeoman’s work alongside Rep. tion with a pauper’s affidavit, pleadings or for a 90-year permissible vesting Efstration to rewrite Georgia’s power of documents filed under seal or presented to period. attorney statute, which will go into effect a court in camera or ex parte, or pleadings on July 1. Members of the Real Property or documents to which access is otherwise  HB 190, sponsored by Rep. Meagan Law Section weighed in on specialized restricted by law or court order. An addi- Hanson (R-Brookhaven), which seeks questions regarding land surveying and tional exception was included for a court to provide that all antenuptial agree- condominium regulations. Access to the located in an area declared to be in a state ments between spouses or parties expertise of specialized attorneys through of emergency. The legislation also provid- entering into marriage be in writing our sections makes the State Bar a valu- ed that attorneys could e-file pleadings or and be attested by at least two wit- able resource under the Gold Dome. documents for free in-person at a public nesses, one of which must be a notary. It’s not unusual to be asked “well, what access terminal in the courthouse. does the Bar think?” when members of a On the final day of the legislative ses-  SB 120, sponsored by Sen. William House or Senate committee are reviewing sion, the bill was sent to a conference Ligon (R-Brunswick), which seeks a complex code rewrite or legislation af- committee and lawmakers could not to amend current Georgia law by fecting the courts. The expert knowledge come to a consensus on whether to man- allowing for constructive notice and engagement of our members is cru- date e-filing in civil cases or whether to of an improperly executed record- cial to our success. merely make it permissive. Because this able instrument that is nevertheless I would like to thank the other mem- legislation did not pass before the final accepted for recording by the clerk. bers of the State Bar’s legislative team— day of the session, it will carry over to the The legislation also expands the Rusty Sewell, Mark Middleton and Roy 2018 session. The State Bar will continue allowable use of affidavits to cure Robinson—whose sage advice and zeal- to work with stakeholders during the defects in execution to allow for ous advocacy are indispensable to the summer and fall to ensure that Georgia either official or unofficial witnesses State Bar during the legislative session. lawyers are actively involved in the out- to provide such an affidavit. The Advisory Committee on Legisla- come of this important bill. tion will meet to discuss the State Bar’s  SB 130, sponsored by Sen. Blake 2018 legislative package in September Tillery (R-Vidalia), which would and December 2017. We look forward Looking Forward to 2018 provide that an adoption proceeding to working with you during the 2017-18 This year was the first year of the two- be stayed if the child’s parent is ap- Bar year!  year legislative cycle. Any legislation that pealing a final determination ter- did not pass in 2017 will be carried over minating his or her parental rights. to the 2018 session, which will begin on The bill would additionally amend Christine Butcher Hayes Jan. 8. The State Bar had a number of bills the code with regard to waiver of Director, Governmental Affairs that were filed and passed out of com- counsel by parents in dependency State Bar of Georgia mittee, but did not make it through in cases. The amendment would re- [email protected] both chambers before the close of day 40. quire that the waiver be knowing, Those bills include the following. voluntary and on the record.

2017 JUNE 25 GBJ | Feature

State Bar of Georgia Diversity Program Hosts the 9th Annual Business Development Symposium

The Georgia Diversity Program annually presents this symposium to The State Bar of Georgia Diversity discuss diversity issues with experts of the profession and share resources Program (GDP) presented part one of its with companies and fi rms developing diversity strategies to recruit, hire annual Business Development Sympo- and train diverse workforces. sium, “Successful Partners Share Their Business Development Secrets,” on BY MARIAN COVER DOCKERY AND KATHLEEN O. CURREY March 28, at the Bar Center in Atlanta. Part one attendees heard from featured law partners who shared their strategies on building a successful law practice. GDP Vice Chair Kathleen O. Cur- rey, partner, Parker, Hudson, Rainer & Dobbs, LLC, got things started with an introduction of returning moderator Christopher J. Chan, partner, Eversheds Sutherland LLP. The panelists included Sonjui Kumar, managing member, KPPB Law; John Lewis Jr., partner, Lawrence & Bundy, LLC; and Jeffrey E. Tompkins, partner, Thomas Kennedy Sampson & Tompkins LLP. The partner program covered sev- eral topics including the importance of developing long-term personal relation- ships with current and prospective cli- ents; using technology as a tool, not a crutch; the importance of mentors and sponsors to help launch your career, but not as a substitute for your own work at networking and business development; and the importance of always delivering a high quality work product. The com- mon theme throughout the discussion was that effective business development is all about building relationships. Spe- cific advice included focusing on how

PHOTO BY DON MORGAN PHOTOGRAPHY you can be a resource to a prospective cli- GDP Vice Chair Kathleen O. Currey, partner, Parker Hudson Rainer & Dobbs, LLC, introduces the members of the law firm partner panel. ent, remembering personal details about

26 GEORGIA BAR JOURNAL prospective clients and being intentional about building relationships through fre- quent personal touches.

Part II: Successful General Counsels Share Their Business Development Secrets On April 26, business development secrets were shared from a different perspective as part two featured a general counsels’ pan- el. GDP Chair Clyde E. Mize Jr., partner, Morris, Manning & Martin, LLP, moder- ated the discussion of in-house counsels: Michael Bishop, general counsel, AT&T; Darren Jones, attorney, UPS; Elizabeth O’Neill, general counsel, MARTA; and PHOTO BY DON MORGAN PHOTOGRAPHY GDP Vice Chair Kathleen O. Currey stands with the Law Firm Partner panelists. (Left to right) Patrise M. Perkins-Hooker, county attor- John Lewis Jr., partner, Lawrence & Bundy, LLC; Currey; Sonjui Kumar, managing member, ney, Office of the Fulton County Attorney. KPPB Law; Christopher J. Chan, partner, Eversheds Sutherland LLP; and Jeffrey E. Tompkins, The breakfast event was hosted by Morris, partner, Thomas Kennedy Sampson & Tompkins LLP. Manning & Martin, LLP. Panelists gave their advice on landing business and on the do’s and don’ts of making the pitch for business with their companies. They also discussed their respective organizations’ expectations when attorneys are trying to develop business with them. Both symposiums proved to be ex- tremely informative. The speakers provid- ed valuable insight into strategies to devel- op business for your law firm and guidance regarding the landmines you should avoid in reaching your business goals. For most new attorneys who strive to build successful law practices, there has never been a playbook or a course pre- sented to them defining how to develop PHOTO BY DON MORGAN PHOTOGRAPHY a successful practice. These symposiums (Left to right) General Counsels’ Panel: GDP Vice Chair Kathleen O. Currey shown with panelists have proven to be valuable not only to Darren Jones, attorney, UPS; Elizabeth O’Neill, general counsel, MARTA; Patrise M. Perkins- our new attorneys, but to more experi- Hooker, county attorney, Office of the Fulton County Attorney; Michael Bishop, general counsel, AT&T; and GDP Chair and Moderator Clyde E. Mize Jr., partner, Morris, Manning & Martin, LLP. enced attorneys who pick up tips from the panelists as well. 

SUMMER ASSOCIATES AND Marian Cover Dockery JUDICIARY RECEPTION Executive Director June 29 | 5:30 - 7 p.m. State Bar of Georgia Diversity Program [email protected] Nelson Mullins Riley & Scarborough

ANNUAL DIVERSITY LUNCHEON & CLE Kathleen O. Currey Sept. 27 Partner Parker Hudson Rainer & Dobbs, LLC Bar Center

2017 JUNE 27 GBJ | Fiction

Bryne Kane sat toward the back of the restaurant, facing the door. He was Keep Things Merry alone. At 7 p.m. on a Tuesday night, there were only a few other patrons. He kept The Editorial Board of the Georgia Bar Journal is proud to present “Keep his eyes alert and was rewarded when Things Merry,” by Gregory B. Grogan of Marietta, as the winner of the a petite woman in a red business suit Journal’s 26th annual Fiction Writing Competition. clicked across the floor toward him. She BY GREGORY B. GROGAN smiled at his plate. “I see you’re a fan of their Buffalo wings,” she said. The purposes of the ficiton competition are to enhance interest in the Journal, “If it isn’t Belinda Towns, assistant to encourage excellence in writing by members of the Bar and to provide an district attorney extraordinaire,” Kane innovative vehicle for the illustration of the life and work of lawyers. As in years replied. “I’m a fan of just about anyone’s past, this year’s entries reflected a wide range of topics and literary styles. In wings. Have a seat. Good to hear from accordance with the competition’s rules, the Editorial Board selected the winning you. I figured I was blacklisted.” He stood story through a process of reading each story without knowledge of the author’s as she pulled out a chair, and they sat identity and then ranking each entry. The story with the highest cumulative down together. ranking was selected as the winner. The Editorial Board congratulates Grogan A waitress hustled over and took and all of the other entrants for their participation and excellent writing. Towns’ order of unsweet tea and a plain PHOTO BY ISTOCK.COM/GARYSFRP

28 GEORGIA BAR JOURNAL small salad. When she had gotten her drink, Towns swirled her tea with a straw to mix in the artificial sweetener. She also looked around to see how much privacy they were being given. “How have you been?” she asked Kane. “Despite your current suspension, the DA believes our experiment was a success. He told me he wants all future assistant DAs to spend a week or two riding along with police officers.” Kane smiled. “Glad to hear it—and that your boss doesn’t hold a bad opinion of the whole police department.” Towns looked at him evenly. “Long- field likes you more than you think. I’m not saying he’s a big fan. Not even close. He’s just not as obsessed with your demise as you seem to think he is. He’s a politi- different groups. He also pulls the occa- cian through and through. I want you to sional robbery or burglary. We have him remember that when you’re talking with on a robbery and murder from three years him. I’ll apologize ahead of time for that.” ago. He actually didn’t mean to kill the Kane, still watching the front doors guy, most likely, but he shot him during over her shoulder, saw Douglas County the robbery so the charge sticks.” District Attorney Longfield surveying all Once the politician had finished, Kane the tables. The two men’s eyes met and leaned forward so that only those at his Longfield walked their way. table could hear him. He directed his Kane turned back to Towns. The air in comments to Longfield. the room turned cold. “What did you do?” “What does this have to do with me? “I said I was sorry. I didn’t have much I’m currently suspended from the police choice.” department, thanks to you. I’m not one of Longfield approached and stood by an your department’s investigators and I had empty chair like he was waiting for an in- nothing to do with the case. I wasn’t even vitation. When none came he pulled the the officer who took the initial report.” chair out and sat down. “The fact that you had nothing to do “Hello Ms. Towns,” he said and then with the case is why I’m here,” Longfield turned to Kane. “Mr. Kane. I asked Ms. responded. “You’re totally independent. Towns to arrange this meeting. I want to You’re not even showing your face at the discuss a matter of delicacy with you.” office. That’s what I need. You know how Kane sat still and said nothing. It was it is with the police department and my one of his favorite tactics and everyone office—people hired because they were at the table knew it. Silence can be a related to someone or made the right very disturbing companion. Longfield donation. Cronyism at its finest around watched Kane for just a moment and here. Don’t get me wrong—I’m part of then continued. it as much as anyone, but sometimes an “You may know that we have an im- outsider is needed. You’re that outsider. portant trial coming up in a few weeks. You’re one of the few hires who has no Norris Wheeler. He fancies himself a internal connections or relations. It’s kingpin around here and he’s probably what makes you an easy target, expend- right. He’s a local thug but he has a pretty able and valuable all at the same time.” good spider web. We’d call him a mafia- Kane smiled. “You still haven’t told me type if we were a bigger city. He likes to what you want me to do. You also haven’t demand money from local businesses or told me why Towns is sitting here. You he scares off customers. He hides money really haven’t told me why you can’t use for drug dealers and launders money for

2017 JUNE 29 your own people. You also haven’t told sion and being in my debt for a future “Mr. Kane,” she said once he was in- me what’s in it for me. We aren’t known kindness, DA Longfield has asked me side, “so nice to see you. Gino will be glad for being on friendly terms, so why to work on his behalf. My role is to to talk with you.” should I help you? I don’t do favors, even help the prosecution get a strong case Kane smiled. “I hope he’s doing well. for friends. I’m not seeing a reason for against Norris Wheeler. This work is I miss his mother. I feel like Gino started helping you.” to be done despite my being currently life with a tough break, and I’d like to help Longfield didn’t flinch. “I can end the suspended from the Douglas County him out a little, if I can.” suspension and get you back on the force Police Department. In fact, I am being Before she could respond, they were once you’ve finished my task. I’ll get you asked because I am in no way an official greeted by a four-year-old boy dressed back in good graces with the department. representative of Douglas County. Am in a superhero outfit. He zoomed in and No problem. I also believe you do the po- I being too dramatic? Towns, did you stopped in front of Kane. lice work because you like it. You’re good get all that?” “Hello, Officer Kane. Are you here in at it and you like serving your cause. Help Longfield just stared at him. Towns your police car?” me out so I can get you back out there, nodded. Kane chuckled. “No, not today. I’ll bring it over soon fighting your crusade.” “See, he’s already debating how to stick and we’ll go for a ride,” Kane said. “I’m not Kane stood. “Not good enough. The it to me. Why would I agree to anything?” driving a patrol car these days. I’ll get back suspension is phony and you know it. It Longfield leaned forward. “You are ar- to it soon, though.” will end soon enough. You’re also wrong rogant. I can’t stand arrogance. But yes, Gino didn’t hide the disappointment. about my being on some holy mission. I your summary is correct. We have an He grabbed Kane and pulled him into his do what I think is right or needs doing. agreement. Happy?” bedroom, where Kane was shown the lat- That changes moment to moment and “Maybe,” Kane said quietly. “Depends est toy fort and the latest Gino the super- day to day. I don’t need the badge for it. on what you want me to do.” hero show. After 20 minutes, Kane was You two have a good evening. Try the Longfield pushed himself back from allowed to return to the main room and lemon pepper on the wings.” the table. He looked around the room sit with the elderly lady. Towns reached out and grabbed his and then leaned forward again. He met “How are you doing?” he asked her. “I arm. Kane turned and looked at her. Kane’s stare. know raising Gino wasn’t part of your re- “You grabbed my arm,” he said. “Do “Nothing much. Just find some- tirement plan.” you have something new to offer? I like one. Should be right up your alley, like The woman’s accent wasn’t thick. “I you, Belinda, but don’t grab my arm. I Towns said.” spent years estranged from my daughter. take offense at it.” * * * When we finally reconciled, she was only She let go. “Kane, this guy needs to go Ten minutes later Kane was driving with me for a short while. I don’t think to jail. He’s earned it. He needs to go for through town. He reflected on the agree- I’ve fully come to terms with her never a long time. Probably forever. My boss ment; find a guy named Robbie Blanch, walking through that door again.” needs a simple favor. It really is right up and in time for Blanch to testify for Kane nodded. “I understand. I still think your alley, and then he’ll owe you a fa- Longfield. Then he would be reinstated I’m going to see her walking around the vor. Think of it that way. Longfield will to the police department. The problem complex or driving through town.” Kane owe you.” was trusting Longfield to keep his end of mentally winced after he finished the Kane put his hand over his heart and the deal. Actually, the problem was that sentence. Peanut, real name Maria Ruth squeezed. His light-weight jacket crin- Longfield would not keep his end of the Brown, was a prostitute. Her profession kled and he faked a pained look. “That’s deal. Kane knew it. Longfield knew it. was the cause of the family estrangement. a great spiel and that’s why you’re here. Towns knew it. The waitress at the res- Kane didn’t mean to mention anything Solves that mystery. Heartwarming. I do taurant probably even knew it. Still, Kane that would remind her mother about Ma- like the thought of the Douglas County would deliver as promised and live with ria’s past. He also didn’t like speaking ill of DA owing me a favor. I can tell that the results. He didn’t want a case against the dead. Longfield is uncomfortable with this Wheeler to fall apart. If Maria’s mother was offended, she line of conversation, so it appeals to me. He pulled into the housing project showed no signs of it. “Her death was so Throw in the suspension lift and I’ll sit known as Deer Lick. He reminded him- violent. We’ve never fully explained to back down.” self that the proper term was “community Gino what happened. He’s too young. Longfield nodded and Kane took his residence” these days. He pulled directly Someday we’ll let him know of it and let seat. Kane continued. in front of the third building, into the him decide how much he wants to dis- “Let’s recap so there’s no misunder- spot closest to the building’s walkway. cover. The person who hurt my daugh- standing. When you fail on your end of Kane knocked on a certain second floor ter—do I still have your assurances that the deal I want to quote you. That way door and was greeted by a short Korean he was brought to justice?” we can all agree on how low you can woman. She gave him a quick smile and “Mrs. Brown, I can’t go into details,” sink. In exchange for lifting the suspen- moved to let him inside. Kane said. “I will never be able to tell you

30 GEORGIA BAR JOURNAL the exact nature of what happened. I can Kane flashed a slight grin to no one. Kane responded, “Good grief. First tell you that the person who hurt your “Mammy, no one says that any more. No Mammy, and now you. Can’t anyone in daughter is paying the price for what he one has said that in many years.” my family speak a language that’s not did. He has faced a different type of justice “More people speak in the old Chero- dead? Oh, and there were so many things than what the government delivers, but kee tongue than you would guess. How wrong with that greeting. No one speaks a harsh justice no less. I really cared for is my favorite of the two troublemakers Gaelic anymore. You’re in America, not your daughter. I wouldn’t have been satis- your father brought into my life doing?” Ireland. It actually means ‘God be with fied with anything less.” “Favorite? Hah. We all know you fa- you,’ and I’ll bet you’d catch on fire if you Kane thought back to the day he had vored the young brat.” graced a church building. Other than that, chased and caught the man who mur- “Mr. Bryne Kane. You still have that Sean, it was perfect.” dered Peanut. The police report he wrote chip? No one could ever be a favored child Sean said, “Well, Dad always wanted detailing the event was missing some in- over you!” us to carry on the old ways and I don’t formation. The result was his suspension. “Alright, Mammy, how are you doing? want his teachings to go to waste. Besides, A necessary price he was willing to pay. Good?” our friends like to communicate in the Plus, it made his other employers happy. “Good for an old woman.” old language since so few actually speak Peanut’s mother reached out and “Is my brother around?” it anymore. It’s like having a secret code.” squeezed his hand. “I know you cared for her. You being here shows us that. You staying in touch and checking in on Gino also shows that. I trust your assur- ance about justice. So does my husband. But I like hearing it again, all the same. Family justice was a part of our heritage so we understand it. Probably more than you realize.” The two sat in silence for a few mo- ments. Kane thought it was time to bring up the present matter. “Mrs. Brown, I’m looking for someone. He’s often in this area. I know you keep a good eye on the complex as you care for Gino. This man is important as a witness in a case. We need to find him quickly. His name is Robbie Blanch. Can you help me?” She nodded and looked out the win- dow. She pointed to the parking lot in the back of the complex, then shook her head and looked back toward Gino’s room. Kane knew what she was think- ing. Anyone hanging around the back PHOTO BY ISTOCK.COM/123DUCU parking lot was bad news. Bad news even in a low-income housing complex “You are voluntarily asking for your Kane didn’t bother to hide some known for bad people. He asked her and younger brother? That tells me you two disgust. “They aren’t my friends; only received back a general description that are up to no good. I don’t like it when you yours. They’re business partners and matched the one given by Longfield. two start your whispering. Then he dis- only that because of Dad. He left that He then said goodbye to Gino and took appears to Georgia and I don’t know what as his legacy. He left us Mammy, which his leave. you two are doing. Don’t like it.” was good. He left us his business deal- * * * “Mammy?” ings and debts, which were bad. We Back at his one-bedroom apartment “Fine, just a minute.” may never get out of the web our Dad he placed a call to North Carolina. He Kane could hear the phone being put tangled for us.” dreaded making the call, but it was time on a counter and then Mammy call out “Who says we need to cut ties with to call his other bosses. The phone was for Sean. He could hear more noises and Dad’s old group? Not me. They’ve been answered after just one ring. talking but couldn’t quite make out the pretty good to me.” “Osiyo,” said the female voice on the words. Then the phone was jostled. “Then you’re a fool, Sean. An idiot. other end of the phone. “Dia Dhuit?” came a male voice. Look at them. See any of them over 50

2017 JUNE 31 Kane hung up the phone and looked at the time. It was nearly midnight. By this time tomorrow night, he should have the whole plan in place. He just didn’t like having to count on his brother so much.

years old? Ever wonder why? Or does Kane looked hard at the man’s face. to talk with you. He’s not even here for your alcohol-hazed brain keep you from Laggit Rose. Kane had arrested him at a meeting.” wondering about anything?” least twice on theft charges. Nothing too Kane maintained the even gaze and said, There was a pregnant pause before big. Misdemeanors. “Sure he is, Laggit. I see him in that crowd Kane’s brother spoke. “You know our “Laggit, I’m only here to find some- over there. He’s in the dark blue shirt.” friends are always watching you. Close- one. Trying to do them a favor, really. Laggit didn’t flinch. “I don’t see him. Nev- ly. Why did you call? Was it already I’m not here for you or interested in er even heard the name.” time for another speech about me ruin- what you’re doing.” Kane sighed. “Sad that it has to be that ing my life?” Laggit rubbed his chin, which add- way. I had hoped for better. I’ll get my Kane silently cursed. This was not the ed to his permanently dumbfounded friends and be on our way. We’ll be back way he wanted the conversation to go. “I look. All the men in the area were now tomorrow night.” actually called to ask for help from you watching the situation. Laggit looked Laggit laughed. “What friends? You’re and your friends. I have a matter that around at their faces and then back to here alone. Don’t rush off. We’ll have might interest them. Well, actually, a per- Kane. Kane wondered if Laggit would some fun.” son. He might interest them.” be capable of adding two plus two at Kane didn’t answer, but pointed to the “If you want help, then speak in the the moment. street light almost above their heads. It old Irish tongue or I’ll hang up. If you Kane broke the silence. “Let me help hadn’t worked in years. The sound of the can lecture me and then ask for help then you out, Laggit. I’m looking for Robbie glass and plastic shattering reached his ears I can make a few demands of my own. Blanch. Like I said, it’s in Robbie’s best at the same time as the sound of the rifle. Say it in Gaelic or say it to someone else.” interest to talk with me. If he’s here to- The men stood frozen in their tight circle. Kane sighed and decided to skip any night then that’s all there is to it. If not, Kane looked at Blanch, who was now further argument. He was beat and he well, me and my friends will keep coming crouched down. “There are a few friends knew it. He took a moment to reflect on back until he shows. Every night and all of mine out and about tonight. They’re what he remembered from his dad’s les- night. Most of the business out here in the watching me right now, as you can see. sons and began. His dad had been a pretty park doesn’t do too well with police cars Since, as you noticed, I’m not here as a good teacher. around. Right?” police officer, there is a certain amount * * * Laggit stepped a little closer. “You’re of freedom we enjoy in what we are do- The next night Kane was back at the not in a police car tonight, though, are ing. Now, where were we? Blanch. I’m Deer Lick complex. He didn’t stop to see you Kane? You’re just another rich guy trying to help out Blanch. I need to see Gino. He drove a rented car directly to the coming out here. Another guy who thinks him. Immediately.” back part of the complex where Mrs. Brown he can come out here and buy stuff, sell Laggit, who looked like he wanted to had indicated. There was a small group of stuff and act like a big shot. You have no run, said, “Robbie, get over here and see men standing in a tight bunch with their police people to help you out.” Kane before he shoots something else.” backs to him. As he drove closer two of the Kane kept up a firm gaze. “Don’t need A large man with some markings on his men turned and walked toward him. Kane another police officer with me. Not on po- face walked over. He looked down at Kane parked and got out before they made it to lice business, exactly. One more time, tell with no expression. Scars accented the ink his door. As he stood fully upright the two your friends that I need Blanch. Heard he’s around his mouth. The eyes were empty. men stopped. One of them pointed at him. hard to find. Need him right now, though.” Kane said, “Robbie, let’s take a walk. “Officer Kane in regular clothes. What Laggit smiled. “Sorry, Kane, but Blanch What we discuss is no one’s business are you doing here?” doesn’t want to see you. He doesn’t want but ours.”

32 GEORGIA BAR JOURNAL The two men walked toward a basket- may not get notified. I may get lost on * * * ball hoop that hadn’t seen an actual net my way to the courthouse. Lots of things Kane could hear the phone ringing as in years. The area for playing the game could happen.” he opened his apartment door. He quickly was just the parking lot. No painted lines Kane answered, “I think you underes- grabbed it and spoke a greeting. marked the pavement and small sprouts timate the man. He has connections. He’s “Dia Dhuit,” was the reply. of grass had managed to break through not Al Capone or anything, but he can get “Good shooting tonight,” Kane said. the asphalt. When they were about 30 things done around these parts. Also, it “Glad you only had to prove yourself feet from anyone else, Kane stopped doesn’t matter how credible or damag- once. You got their attention.” walking. Robbie Blanch had yet to speak. ing your testimony will be against him. “What’s next?” “Mr. Blanch, I’ll get right to it. You are It’s the fact that you can testify and stay “We go back tomorrow morning. listed as a witness in an upcoming trial. out of jail. He won’t forgive that and he Bring a couple of friends. I don’t need The person on trial is Norris Wheeler. knows through his attorney that you are to give him more time than that. Also, if You’re a witness for the prosecution. on the witness list. You won’t live to see your buddies are doing their job tonight There are statements you have made the trial.” then we’ll have all we need.” about seeing Mr. Wheeler with a gun and Blanch kept his pose. “You here to Sean answered, “They’re doing their seeing him at the scene. The story is that scare me, Kane? What do you want me job. You don’t have to worry about that.” you were playing a small part in stealing to do? I can’t tell if you want me to testify “Alright. I’ll see you tomorrow morn- from the victim, but Norris Wheeler al- or back out.” ing. Let’s say 9 a.m. No need to get out tered the plan by killing the guy. The DA Kane was ready. “I want you to do too early. I’m a man of leisure these days.” is giving you a break in exchange for the what’s in your best interest. Stay alive and “Doesn’t suit you. Come work with me testimony. That’s the story.” put away Wheeler but then have an escape full time,” said his brother. Robbie said nothing. He kept his gaze plan. One that doesn’t involve the police or “No thanks. I wouldn’t get along with moving from Kane to the other people out the district attorney. Understand? Have a the coworkers.” in the parking lot. The others seemed to plan that means leaving this area.” “You don’t get along with your co- have forgotten all about the interruption. Blanch asked, “What’s in this for you? workers now. I won’t push it. Tomorrow Kane continued. “There is also in- Kane shrugged and said, “I’m a do-good- morning then, big brother.” formation that you are sort of handling er. I just want what’s best for everyone in- Kane hung up the phone and looked at things for Wheeler now that he’s in jail. volved. I have a plan for you if you’ll agree.” the time. It was nearly midnight. By this You have taken over parts of the business Blanch actually smiled. “I’ll think time tomorrow night, he should have the until he returns. Word is also spreading about it.” whole plan in place. He just didn’t like hav- that you’re taking care of his woman.” “Fine,” Kane said, “and I’ll be back ing to count on his brother so much. His Kane looked for a reaction but saw every night to make sure you do that. I delusional brother who envisioned himself none. Again, Robbie Blanch just kept a need to make sure this situation stays on and his coworkers as righteous servants to a stoic expression while he watched the your mind.” cause. Kane had wasted too much time try- other men. An uncomfortable silence ensued as ing to show him the failures of that think- “Whether or not all this is true doesn’t the two men walked away. Kane climbed ing. Now they just kept an uneasy truce really matter,” Kane added. “The DA be- back in his car and drove away, leaving and did their best to make Mammy happy. lieves it’s true and he’s told the defense the group to continue their nightly ac- Mammy had been the woman to make attorney his theories. Word is reach- tivities. He watched them in his rearview Kane’s father happy again. A Cherokee ing Wheeler about your testimony and mirror until he was out of the complex. Nation woman who met Kane’s father about your running things while he’s out of the neighborhood. So, let’s make this plain. Your days are numbered. If  N D L Wheeler gets out, he will want you gone. Norwitch Document Laboratory If he doesn’t get out he’ll at least partially Forgeries - Handwriting - Alterations - Typewriting blame you and want you gone. The end Ink Exams - Medical Record Examinations - “Xerox” Forgeries result seems to be the same. See what I’m saying to you?” F. Harley Norwitch - Government Examiner, Retired Kane finally got a reaction. Blanch Court Qualified Scientist - 35+ years. Expert testimony given in looked at him with some concern. excess of five hundred times including Federal and Offshore “No, I don’t see what you want,” the younger man said. “I testify and Wheeler 1 Offices in West Palm Beach and Augusta goes away. He doesn’t get out for a good www.QuestionedDocuments.com long while. He’s not a problem. Plus, who Telephone: (561) 333-7804 Facsimile: (561) 795-3692 says I’m testifying? I may get too sick. I

2017 JUNE 33 while they all lived in North Carolina. quiet and the five of them were the only Kane then looked down at the people She clung to her heritage as much as ones outside. lying on the ground. “So sorry to wake Kane’s father clung to his Irish roots. Once Kane came close he saw Sean you this morning. We had some busi- Kane grew up learning Gaelic one day give a nod. The men turned and began ness with Mr. Blanch that couldn’t wait. and then the Cherokee alphabet the walking toward the buildings. Kane Don’t worry, though. We’ll take good next. Languages he never heard anyone could see one was carrying a duffle bag care of him. I don’t think he’ll be back other than his father and stepmother over his shoulder. He started to ask but around anytime soon, but just know ever speak. thought better of it. He and Sean fol- he’ll be treated as a valued guest at his After Kane’s father passed, Mammy lowed. They climbed a staircase and new home.” had taken care of the two young men bet- stopped in front of a badly painted green The two brothers stood and walked ter than anyone could have wished. Kane door on the second level. away, leaving the apartment and its oc- was her studious one. Sean was wild and “They’ll be armed,” Kane said. cupants behind. They didn’t say any sort carefree. They got along like tuna fish “They’ll be passed out. We made sure of farewell as they climbed into their and strawberry jam. They moved for a of that,” Sean said with a wink. cars. Kane was back home before 8 a.m. short while to Georgia, where Mammy Without a word, the biggest of the He waited until 10 before calling Belinda was promised a good job. They settled in men gave the door a kick. Wood splinters Towns. She answered on the second ring. Douglasville and the boys attended the flew through the air as the door swung He wasted no time with greetings. local high school. Soon, though, the job backward. The men all rushed inside as “Tell Longfield that I need to see him. didn’t live up the promises and Mammy quickly as possible, Kane in the rear. They Tonight. It’s about that matter we dis- missed her home too much. Sean and covered the entry, living room, bathroom cussed the other day. I’ll need to see the Mammy moved back to North Carolina. and two bedrooms in less than 20 sec- both of you. Let’s meet at 8 p.m. at that Kane, by then a junior in high school, onds. Kane could hear screaming from same place. Tell him I’m delivering what convinced her to let him stay with friends. the back bedroom. He walked back to it we discussed.” He didn’t tell her it was for a girl. That and found Sean’s team on top of two men Towns answered, “Alright. I’ll tell him. didn’t work out too well. Kane snapped and one woman. Kane kneeled down and He’ll have questions, I’m sure.” back from his memories and went to bed. looked at one, then another. He turned to “Tell him to be there. All will be an- * * * the one whose head was underneath his swered then. I’m sure the witness will have He was awakened by the telephone. It brother’s knee. questions too, so it will be better for them was 6 a.m. “Well, Mr. Blanch, I am so glad you de- to meet each other and answer the ques- “Dia Dhuit.” cided to cooperate. I was afraid you would tions all at one meeting. I don’t want to be “I think, in the Irish culture, it’s legal to turn me down or decide to leave town. the errand runner for the both of them.” shoot a younger brother for waking you I have decided to give you a gift. An all- “Alright,” was all she said, and he up. Especially if he’s speaking a dead lan- expense paid vacation. Get ready for the hung up the phone. All was set. There guage no one cares about.” ride of your life.” were many moving parts and Sean was “Careful brother dear. Four things we Out of the duffle bag came a pair of involved. Still, so far so good. He shaved Kanes don’t disgrace are the language, our flexible handcuffs and a black pillowcase. and headed out for breakfast. He spent dead father, Mammy or our heritage.” Robbie Blanch was cuffed and the pillow- the day driving around Douglasville “Wouldn’t dream of it, but that’s big case put over his head. Sean made a quick and browsing around stores. The day talk for a grown man still living with his call and their captive was put on his feet. moved by slowly until it was time for stepmomma. Are we all set?” He was pulled with more force than nec- his meeting. “Of course. Meet you over at that crap- essary out to a waiting van, which sped He arrived early by about 20 minutes. py parking lot where you left your buddies away once Blanch and the three toughs He took a table that allowed him to watch last night. See you there in 30 minutes.” were inside. Kane and his brother were the door. Longfield and Towns walked in Kane hung up the phone, thought left in the apartment. Each was kneeling just a minute before the scheduled time. about shaving, and then ate a Pop-Tart. over one of the remaining occupants, but They arrived at the table and Longfield It was going to be a long and interesting they talked as if they were alone. gave Kane a scowl. Kane ignored it. day. He washed his face and headed out Kane asked, “Are we all set up for “What’s this about, Kane?” the door. It would only take him about 15 tonight?” “We’re going to meet your witness. minutes to get to the parking lot, but he His brother didn’t answer. Sean just Robbie Blanch. Not hard to find, but he’s knew Sean was already there. looked amused. a little shy of you and the whole criminal Kane continued. “Fine. I won’t badger justice system. So, we’re going to go meet * * * you. See you tonight at your new office. If him. Be ready to talk sweetly.” Sean stood waiting as Kane pulled all goes as planned, this will be over quick. Kane led them to his own truck and up. He wasn’t alone. There were three Then we’ll be off to wrap things up. That they proceeded to Highway 92, merging other men with him. Things were very will be fun, too.” onto I-20 heading east.

34 GEORGIA BAR JOURNAL Towns asked, “Where are we going?” Longfield asked, “What is this place? you are or what’s going on. I’m expecting Kane looked at her in the rearview What kind of offices?” to meet a Robbie Blanch.” mirror. “It’s an office complex area in Kane didn’t answer as he watched the “I am Tony O’Hara. I’m just here as Atlanta. Don’t worry. It’s safe. I’ve been guard talk on the phone. A moment later the office custodian for the evening since there before. There’s actually security he lifted the gate and Kane was allowed you folks are coming in after hours. Rob- at this place. If the other people around to park. bie Blanch is here. He should be coming knew who they allowed in their buildings As he climbed out of his truck the down the hall any moment.” then they would throw a fit.” guard yelled out that they were to go to Kane peeked back out the glass door Longfield asked, “What have you the front of the building. A sidewalk led and could see Robbie walking down the told him?” through a beautifully maintained garden hall toward him. Kane saw his brother be- “Not much. I told him that he is a area. They were met by a second security hind him and one of the men from Rob- needed witness for a case against Nor- guard. This one took them to an eleva- bie’s abduction also in tow. Sean gave a ris Wheeler. I told him that you want- tor where he put a key in the wall before slight wave as they walked past Kane and ed his testimony and assistance against pressing the button. into the room. Wheeler. I threw in that I would not As they started to rise, Kane turned to Longfield didn’t wait for introductions. be pleased if he tried to disappear be- Longfield. “I’m sorry. You asked a ques- “Robbie Blanch. I am Douglas County DA fore the trial. That’s all. No promises or tion. It’s a big building. Lots of different Longfield. You may have heard of me. I’m guarantees were made. Nothing to tie types of businesses are run out of here. I sure you know that we have important your hands. What happens down here couldn’t begin to guess them all.” business to discuss. Let’s be on our way is up to you.” The elevator doors opened and the to Douglasville.” Longfield nodded. He was pleased. “I’ll guard stated, “Suite 260 is to the right. Blanch replied, “I don’t plan on going make sure he cooperates. Once I get my Glass doors.” Then he was gone. back with you tonight.” hands on him I’ll make sure he sticks with They found the doors easily enough The unknown man beside Sean spoke the trial plan.” since the office was the only one with lights up. “Yes, my client will not be going to They rode in silence the rest of the blazing. Other than the suite number, there Douglas County tonight. He has cooper- way. Kane turned off the interstate and were no markings, signs or logos on the ated and I believe you will have all you made his way to 3414 Peachtree Road. door. The carpet was green. They were need right in this bag.” There was a gate with a security guard greeted immediately by a man with a strong He held out a black soft briefcase but who looked more asleep than awake. Irish accent. no one took it from his hand. Longfield He straightened up as Kane’s truck ap- “Good evening, everyone. One of you just looked from Robbie Blanch to Kane proached. He stuck up his hand. must be Officer Kane. Good of you to to the unknown figure speaking and to “Sorry, this is private property.” come. Tricky business tonight, but hope- the briefcase. He was not happy. Kane smiled. “I’m expected. Bryne fully all will be settled satisfactorily.” Robbie Blanch broke the silence. “This Kane. Let them know our party has Longfield took the man’s offered hand- man is my representative. I have given arrived.” shake and said, “Sorry. I don’t know who the authorities a statement. I have turned

PHOTO BY ISTOCK.COM/AEROGONDO over some valuable evidence. I have done “We’ll file papers for extradition.” set. Kane had made arrangements to meet all I needed to do for your case. I’m not “That takes a while. I’ll fight it. Why Belinda Towns for lunch. going back to Douglas County.” do it anyway? You told me I wouldn’t be He sat down with her and they ordered Kane reached over and took the brief- prosecuted. I gave you all you need.” their tea. She smiled weakly at him. case that no one else seemed to want to Kane gave Longfield a slight grin and “It was a late night.” touch. “Do you mind telling us what is in said, “If our district attorney has made Kane answered, “It was. How was your here?” he asked. you a deal then I can assure you he’s a boss today?” The unknown man answered, “It’s a man who stands by his word.” “Happy. It seems Norris Wheeler is disc with a taped statement. I was pres- Kane could see Towns smile while strongly considering a guilty plea. Very ent. Mr. Blanch discussed his rights and Longfield’s already crimson face turned a surprising.” voluntarily made a statement describing shade darker. He paced around the room “Congratulations.” the events of Norris Wheeler’s crime. Mr. and continued to inspect every wall She looked at his eyes. “Know any rea- Towers, our resident garda, was present plaque and paper he could find. son why he would do that?” and participated in the questioning. Mr. The unknown man said, “As I under- “No idea,” he said, meeting her stare. Blanch discussed Mr. Wheeler’s role, his stand your laws, Mr. Blanch can be declared “Did you know we were going to the own role and the horrible outcome. He unavailable. He is clearly out of the state Irish Consulate last night? Never mind. made this statement with me present, his and even out of the country. My consul- Of course you did. I checked. That really counsel, and also local law enforcement ate would be happy to put this in writing. is the Irish Consulate address. We were authorities asking questions. Mr. Blanch His statement is also a statement against his technically on foreign soil. Do I even also turned over the name of a certain in- own interest. He provided some physical want to double check on those officials dividual Mr. Wheeler had bury the gun evidence and he made his statement with we met last night?” that was used. Mr. Blanch also turned over full knowledge of his rights and with coun- Kane just held her gaze. She shook her a couple of bullets, unused of course, that sel present. I think you are in good shape.” head and took a swallow of tea. Mr. Wheeler left in the car after the crime Longfield turned to Kane. “You did this. “You know, Longfield is not going had been completed. I believe you will find There’s no reason Ireland would have any to keep his word. He dislikes you just a that the bullets match the caliber and name interest in a thug like Blanch. No reason at little bit more today. He can’t control or brand of the bullets found at the scene.” all. You made some crazy deal and it gets predict you.” Longfield had listened attentively while you something. I don’t know what yet.” Kane feigned a faint. “You are kidding! looking at the briefcase. “All good,” he Kane grabbed at his chest. “You hurt I just knew I was as good as back at my said. “It will be even better when he comes me. I bring you here after finding the patrol duties.” to Douglas County with me to tell it to my witness you need. I put in a face-to-face Kane then reached into his left shirt investigators and in court.” meeting. He picked the spot. You get all pocket and pulled out a mini recorder. Blanch spoke. “Not coming. I’m done the evidence you need. I did my part of He pushed play and Longfield’s voice with Douglas County.” our deal. Are now saying you will not came across. Loud and clear and discuss- Kane answered before Longfield could honor your part of the arrangement? Are ing Kane finding a witness in exchange speak. “You are a witness to a murder. There you now saying that I won’t be getting my for getting his suspension lifted. Towns is legal power to hold you in jail if needed.” badge back?” lifted her eyes and smiled. The unknown man stepped near Kane. As Kane spoke he lifted the soft brief- Kane explained, “Whenever I know “In your country that might be true, but case up higher and higher. Then, he low- that Longfield is going to be around I you’re not in your country. When you ered it back down. “I guess this briefcase find it convenient to have one of these. walked through the office door you is pretty valuable. I hope I don’t drop it. I So, when you see me act out the old Redd stepped into Ireland. This is an office of am a little clumsy, you know.” Foxx bit where I grab my chest, it just the Irish consulate. Mr. Blanch is here Longfield snatched it. “What deal? I means I’m turning this on.” with us and does not wish to leave the don’t know what you’re talking about.” Towns laughed. “It’s not worth country. We have our reasons why he “Wow. It seems like you’re breaking much. Not sure you can use it in court should stay. You have all you need.” deals tonight. Careful, Mr. DA, it’s a long for anything.” Longfield’s face turned about five ride back to Douglas County. It can also “No, it’s not for court. It’s something shades of red. He stomped around look- turn into a long walk.” to make me smile on a rainy day. It might ing at the paperwork hanging on the * * * also come in handy around a reporter or wall and the papers on the desks. He then The next day Bryne Kane was called two. You never know.” stomped passed Kane and up to Blanch. into the police chief’s office. He was told She smiled. “You’re not as dumb as they “Why would a foreign country have any that the investigation into the disappear- think you are.” interest in you?” he asked. ance of the assistant district attorney Kane nodded. “I couldn’t be, could I?” Blanch didn’t flinch. “That’s my was progressing and he would hear back Later, back at his home, Kane called Sean business.” from them soon. No specific dates were to congratulate him. After the usual dance

36 GEORGIA BAR JOURNAL about their ancestral language, Kane got down to the point. He changed his tone to show he was serious. “Listen, Sean, good work with Nor- ris Wheeler. He’s ready to plead guilty. I Know Your Bar don’t need to know how you pulled that off. Good work on Robbie Blanch, too. He giving you guys anything of value?” “We’ll make him worthwhile. He has connections and he knows Norris Wheel- er’s operation. There’s money in it. We’ll see where it goes. He knows he’s not go- ing back to your area. Not unless it’s in an advisory and very controlled role. He’s a new and shiny pawn.” Kane nodded, knowing Sean couldn’t see it. He then said, “You know, Sean, one day your agenda and mine are going to conflict. I think you’re living in a fantasy about some old ideology our father pursued. You think PHOTO BY SARAH I. COOLE I have a hero complex and am turning my back on our parent’s heritage. I think the world has moved on from the battles our Parking great-great-grandparents fought. You look around and see insults and slights that I Perks don’t see. The only thing we agree on is keeping Mammy healthy and happy.” One of your best benefits of being a member Sean replied, “We’ve made it this far of the State Bar might be a bit unexpected. on decent terms. I don’t worry about hy- potheticals. We’ll cross that bridge when we have to cross it. Hope you get your Secure parking in downtown Mercedes-Benz Stadium, the badge back soon. My bosses and friends Atlanta is a valuable commodity. and Centennial like having a friendly police officer in As a member of the State Bar of Olympic Park. As a Bar member, Georgia, one of your best member you have the assurance of a Georgia. Having them in North Carolina benefits is free parking in the safe, clean and secure parking is nice. More the merrier though. You’re garage adjacent to the Bar Center space when you drive downtown more use to us that way.” at the corner of Marietta Street and to a Falcons or Hawks game or Kane thought for a moment before Ted Turner Drive (formerly Spring big-name concert, or during the saying, “I like for people to be merry, Street). Complimentary parking is business day when you attend Sean. I like to keep things merry.”  available to Bar members who are a CLE seminar, have a client visiting and using the Bar Center meeting or need to appear at a during business hours, as well as nearby courthouse. Gregory B. Grogan, Law evenings and weekends for events Office of Gregory B. Grogan at the Bar Center or the major Unfortunately, due to a limited LLC, spent 10 years as a police sporting and entertainment venues number of spaces, members who officer for Fulton County prior within walking distance. work in the vicinity of the Bar to pursing a career in law. He Center may not use the parking worked in Fulton County as a Members who utilize our deck for daily parking. The prosecutor before switching to real complimentary parking are parking deck is for the benefit of estate law. Grogan worked at three simply maximizing the value of all members who are visiting the different law firms before starting his their annual Bar dues. Downtown area for business meetings at own office, as a solo practitioner, in parking is at a premium, and at the Bar Center or for other nearby Marietta and has been in business for peak times during special events, special events. six years. He is a member of the Real nearby lots sometimes charge up Property Law Section of the State Bar of to $40 to park near venues such as For more information on Georgia, and is also licensed to practice the Georgia Dome, Georgia World parking, visit the Bar’s website at law in North Carolina. Congress Center, Philips Arena, www.gabar.org.

2017 JUNE 37 GBJ | Georgia Lawyer Spotlight

tice is civil, and I’ve tried dozens of civil cases, but the cases that have gotten so much notoriety are the big criminal cases because people are interested in them. There’s really not that much difference between a civil case and a criminal case. The first thing you do is figure out who the players are, what parts people are go- ing to play, what the theme of the case is and how to make a simple opening statement that is persuasive to the jury and a persuasive closing argument that fits your theme of the case. Whether it’s a civil case or a criminal case, it involves a lot of preparation, a lot of forethought and a lot of planning. Each case has a theme, a beginning and an end.

It seems that you try a lot more cases than

PHOTO COURTESY OF EDWARD D. TOLLEY OF EDWARD PHOTO COURTESY most other lawyers. Why do you think you have so many cases that go to trial? I’m not sure. Some lawyers are afraid that A Conversation with jurors are less reliable than if they can strike some sort of accord even when that Edward D. Tolley accord might be detrimental to the client. I think human nature is such that if I can In this installment of the Georgia Lawyer Spotlight, Editorial Board settle a case and get paid, why should I Member Jacob E. Daly interviews Edward D. Tolley. go to trial? My attitude is different. I’m always looking for the best resolution BY JACOB E. DALY possible, and it’s not because I’m hard- headed or because I just love trying cases, Why did you decide to become a lawyer? a tremendous amount of criminal law but sometimes the best resolution comes I was in the U.S. Army, and I came back work. I found it all to be fascinating, and from the jury. I’m a real believer in jury to the University of Georgia to work on that’s how I got interested in it. It seemed verdicts. I think that jurors more often a Masters Degree. I also had an under- like if there was controversy, Joe was in it, than not get it right, and I think jurors graduate degree from UGA. While work- and those cases were always interesting. reflect society. For example, if I was de- ing on my Master’s Degree, some of my fending a police officer right now, I might friends were taking the LSAT, so I took How did you develop a practice that spans such be afraid to go in front of a jury with that it also and did pretty well. Once I got into a wide spectrum of civil and criminal cases? police officer because public sentiment is law school, I discovered I had a real pas- When I got out of law school, lawyers such as it is right now. sion. But before that, I never knew. didn’t specialize. We came out of law school essentially as general practitio- Are you concerned about the future of the Who influenced you early in your career? ners. If you went to a large law firm, profession since it seems that far fewer at- I had offers from a couple of large firms then you specialized in a particular torneys have the same level of trial experi- when I got out of law school, but I turned field. But if you were practicing law in ence as attorneys in your generation? them down to join a small practice in Athens, which at that time had 90,000 Well, it’s good for my business because Athens. I admired my older partner, Jay people, you did a lot of different things. when people know a case is going to trial Cook, who was doing a lot of court work, As long as I felt I could be competent in a lot of times they will come find me or and I also worked with Joe Salem, the a subject matter, I would get involved in lawyers like me and there’s not a lot of us father of a classmate in Atlanta who did a case. Probably 60 percent of my prac- left. It’s not just one thing. The courts are

38 GEORGIA BAR JOURNAL under severe budgetary constraints and are overwhelmed with criminal cases. Another factor is that judges and politi- cians push mediation as an alternative to jury trials. Also, so many contracts today have mandatory arbitration provisions. All of that contributes to the reduction in the number of trials together with the fact that if you don’t grow up with the men- tality that if we can’t get this worked out, we’ll go to trial, then you just never do. I don’t think of myself as overly conten- tious. I just think of myself as result-ori- ented, and I’ve always had a lot of respect “If you want to have a long and for a jury verdict. healthy career, you want to develop a How have you seen the practice of law reputation as somebody that’s honest change over the course of your career? A lot more attention has been paid to se- with the court, who does what they cure good judges. Gov. Deal has spent a say they’re gonna do and is respectful lot of time trying to select good judges, and he has shepherded through the Leg- to their opposing counsel even when islature a very important thing for this state which is a new judicial building. opposing counsel doesn’t deserve it.” The superior court judges now are well —Edward D. Tolley educated. You can’t imagine how bad some judges were when I started prac- ticing law, but most judges now are very good. Because I am the chairman of the JQC, I have an opportunity to see a lot of judges first hand, and I’m impressed with how many of them try to do the right evidence, lying to the court, engaging in thing. Also, lawyers are probably better criminal activity yourself, withholding educated than when I started practicing evidence, all the deadly sins that a lawyer law. That’s been a big change. I think the can commit. If you want to have a long ethical behavior of lawyers has improved and healthy career, you want to develop over the years. The good old boy system a reputation as somebody that’s honest is still around, but not like it used to be. with the court, who does what they say These changes create a better bar and a they’re gonna do and is respectful to their better bench. opposing counsel even when opposing counsel doesn’t deserve it. What advice do you have for lawyers who are starting their legal careers today com- You were friends with Judge Duross Fitz- pared to when you started? patrick, and as one of his former law clerks, First, read and be prepared. When the I would love to hear a memorable moment books used to be green, I used to tell the from your friendship with him. law clerks the answer is probably in the I first met Duross Fitzpatrick when he green books out there in the hallway. was a small town lawyer and was elected Many lawyers, they get out of law school as president of the State Bar of Georgia, and think they don’t ever have to open the same year I was elected president of a law book again. Second, be courteous the Georgia Association of Criminal De- to your fellow lawyers. Third, never lie fense Lawyers. And this is really timely to the court. Fourth, my golden rule is because that year the federal prosecutors to remember that any one case will not were serving search warrants on law of- a career make, so it’s not worth hiding fices, and Duross and I got together in a

2017 JUNE 39 meeting over coffee and said we have to filed. In a 10-month period, we had 550 put a stop to this. There’s lawyer confi- complaints filed, most of which were dentiality, there’s privacy for the client, people complaining about rulings by there’s the very fabric of the practice of judges, and the executive director quit. law at stake here. So, that statute you see But now, we’ve gotten the docket com- today on how you can search a law of- pletely caught up, and we have a terrific fice—you have to respect the confiden- executive director in Ben Easterlin and a tiality of all the other clients, you have wonderful case manager in Tara Moon. to have a special master—Duross and I did all that. I can tell you another story That same article mentioned that there have about the first criminal case he had as a been more than 60 judges who have either federal judge was in Athens. I had filed resigned or been removed from office since a motion to suppress evidence, and he 2009-10. Is that an indication of a problem said he’d like to see counsel in chambers. within the judiciary? We went back to his chambers, and he If you look at the facts of most of those asked the lawyers, “How do we proceed?” cases, you’d say those judges should have How many judges would tell the lawyers resigned. I mean, if you’re caught, you’re that he needed to be educated so he could caught. Several of those people are my do things the right way? I can’t think of friends. I was shocked. But then I had enough good things to say about him. He to remember that every now and then always was a man who never took him- people slip up. What I’ve observed is that self too seriously. He was just a regular maybe because so many judges were re- guy. He was honest, and he knew what moved from office by the previous ad- he didn’t know. ministrations, we haven’t seen a lot of bad judging conduct recently. We’ve As the chairman of the Judicial Qualifica- seen two cases involving probate judges tions Commission, what do you think about that stole money. They were easy to ask all the recent changes to it? for resignations. We’ve seen some judges The big issue for the Bar was the loss of who made poor decisions, but not neces- direct appointments to the JQC. I didn’t sarily ethical violations, and we’ve han- see it as a big issue like other members dled them by talking with them which Always Stay of the Board of Governors, but I wasn’t is the door I want to keep open. We’ve going to fight the system. When I was had one or two pretty serious matters, CONNECTED appointed to the JQC by the Bar, I real- but those are in progress right now. So ized that everybody on the JQC who was by and large, I feel like the commission a lawyer was recommended or directly is working well. My goal is to stay out of appointed by the Bar. When I got really the newspaper.  involved with it, I realized that the big- gest problem with the JQC was that it did not have an independent hearing panel. Jacob E. Daly is of counsel I worked with Justice David Nahmias with Freeman Mathis & and Richard Hyde to follow the national Gary, LLP, in Atlanta and a model, which was to have an investigative member of the Georgia Bar panel and a separate hearing panel. Journal Editorial Board. He represents private companies, In an AJC article last October, you de- government entities and their scribed the JQC as a “train wreck” be- employees in personal injury litigation cause of the volume of pending cases and with a focus on defending property because there had been some instability owners, management companies and with the executive director position. How security companies in premises facebook.com/ are things now? liability lawsuits. statebarofgeorgia Once the JQC started making the news, not only did people with legitimate citi- zen complaints start filing complaints, but all the crazy complaints started to be

40 GEORGIA BAR JOURNAL STATE BAR OF GEORGIA Member Benefi ts

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2017 JUNE 41 TO PLACE AN ANNOUNCEMENT Bench Contact Lane Sosebee | [email protected] | 404-527-8736 &Bar

Kudos University of Georgia School of Law graduates Pro Bono Partnership of Atlanta William J. “Bill” Stembler and Audrey Boone Till- recognized volunteer attorneys for man received the school’s alumni/alumnae asso- their pro bono efforts at its 12th ciation’s highest honor—the Distinguished Service Anniversary Reception in March. Scroll Award—for their service to the legal profes- Volunteer of the Year Awards HOWDESHELL KENNEDY STEMBLER sion and the law school during the school’s annual were presented to Heather How- Alumni/Alumnae Weekend in March. Stembler, deshell, Delta Air Lines; Dorian who began his legal career with the U.S. Securities Kennedy, Baker Donelson; Corbin and Exchange Commission as an enforcement at- Kennelly, Paul Hastings; Michael torney, created Georgia Theatre Company-II in Kline, Srixon/Cleveland Golf; and 1991 and currently serves as chair. Tillman serves Suhail Seth, Nelson Mullins. as executive vice president and general counsel at Corporation of the Year was KENNELLY KLINE TILLMAN Aflac Incorporated. She directs Aflac’s legal divi- awarded to Elavon, Inc.; Law Firm sion and its office of the corporate secretary. Her of the Year was awarded to Sey- responsibilities also include oversight functions of the general farth Shaw; and The Happy Perkins counsel and compliance offices of Aflac Japan. Award was presented to Eduardo Martinez, UPS. The Happy Perkins Hon. Robert W. Chasteen Jr., of Fitzgerald, re- Award is named after the retired ceived the Lifetime Achievement Award from SETH MARTINEZ general counsel of GE Energy who the Fitzgerald-Ben Hill Chamber of Commerce played a pivotal role in organizing at its annual awards banquet. This is the highest Pro Bono Partnership of Atlanta. Pro Bono Partnership of Atlan- community award presented to a local individual ta is a tax-exempt organization that matches volunteer lawyers recognized for his accomplishments. Chasteen with local nonprofits in need of free legal counsel. practiced law in Fitzgerald for 36 years, serving as county at- torney for Ben Hill County before being elected superior court The Saylor Law Firm, LLP, announced that Jac- judge. He currently serves as chief superior court judge of the quelyn “Jackie” Saylor is the recipient of the 2016 Cordele Judicial Circuit. Active in the State Bar of Georgia for Outstanding Woman in the Profession (WIP) many years, he served on numerous committees, including the Award from the WIP Section of the Atlanta Bar Board of Governors and the Bench and Bar Committee. He is Association. The award is given each year to a a past president of the State Bar of Georgia (1995-96) and is woman who has made significant contributions presently chair of the Georgia Bar Foundation. in furthering the interests of women in the profession, assisted women in the metropolitan area and had significant profes- Angela Cirina Kopet, managing attorney, Car- sional achievements. Saylor initiated the award in 2001 when lock Copeland & Stair, was selected as a finalist she was chair of the Women in the Profession Committee. for the 2017 Claims and Litigation Management (CLM) Professional of the Year Award in the Gregory T. Talley, partner, Coleman Talley, Outside Counsel category. CLM is the largest in- LLP, was elected as a fellow of the American surance industry organization with more than College of Trial Lawyers. Fellowship in the Col- 35,000 professionals nationwide in the claims resolution and lege is extended by invitation only and only af- litigation management industries. ter careful investigation, to those experienced trial lawyers of diverse backgrounds, who have Taylor English Duma, LLP, announced that it was selected to mastered the art of advocacy and whose professional careers join Geneva Group International (GGI), the leading world- have been marked by the highest standards of ethical conduct, wide alliance of experienced law and accounting firms. Tay- professionalism, civility and collegiality. Lawyers must have lor English’s core practice groups, including corporate, real a minimum of 15 years trial experience before they can be estate, litigation and employment, align with those of other considered for fellowship. GGI member firms.

42 GEORGIA BAR JOURNAL Bloom Sugarman, LLP, announced that manag- Richard Costigan was elected chair of the Finance ing partner F. Skip Sugarman was appointed to and Administration Committee of the California the board of directors for the Georgia Law Cen- Public Employees’ Retirement System Board of ter for the Homeless, a nonprofit organization Administration. Costigan is serving his seventh that provides free legal services to the homeless one-year term on the board. He was elected by in civil cases throughout metro-Atlanta. the State Personnel Board in December 2010 and continues to serve as its ex-officio member. Costigan served as The Weil Firm, LLC, announced that Amy Levin deputy chief of staff and legislative affairs secretary to Gov. Weil was inducted as a fellow of the American Arnold Schwarzenegger, and is senior director of state and gov- Academy of Appellate Lawyers (AAAL) at its fall ernment affairs for the national law and consulting firm of 2016 meeting in San Antonio. Membership in Manatt, Phelps & Phillips. AAAL, which is limited to 500 members, is re- served for experienced appellate advocates who David A. Garfinkel, of counsel with Levine Smith have demonstrated the highest level of skill and integrity. Snider & Wilson, LLC, became a member of the National Association of Parental Alienation Spe- Compass Law Group, LLC, announced that Me- cialists. A family law attorney for more than 30 lissa Cruthirds was named 2017 chair of the years, he is the only Atlanta attorney who is a Glynn County Bar Association, and as the civics member of the organization. The goal of the or- liaison for the Southern District of Georgia ganization is to be a resource for parents in high-conflict di- Chapter of the Federal Bar Association. Cruthirds vorce cases, assisting them in finding experienced attorneys and previously served as president of the Young Law- mental health professionals who are trained in parental alien- yers’ Division for Glynn County. ation and understand how to litigate such cases effectively.

Bouhan Falligant Partner Todd Baiad served as a guest lecturer at the New York State Bar Asso- On the Move ciation’s International Section’s meeting in Dub- lin, Ireland. Baiad spoke on the topic of federal IN ATLANTA court litigation in Georgia. Smith Gambrell & Russell, LLP, announced the addition of Edward Ezekiel as an associate in the environmental practice group. He practices envi- Joel S. Arogeti, president and chief executive of- ronmental law, assisting clients with litigation, ficer of Kitchens Kelley Gaynes, PC, was ap- regulatory compliance, permitting and enforce- pointed to the Boards of National Commerce ment. The office is located at 1230 Peachtree St. Corporation and National Bank of Commerce. NE, Suite 3100, Atlanta, GA 30309; 404-815-3500; Fax 404- Arogeti was a founding board member of Private 815-3509; www.sgrlaw.com. Bancshares, Inc., the parent company of Private Bank of . He chaired its audit and executive commit- Baker Donelson announced that David Gevertz, a tees and served on the bank’s Loan and ALCO committees. shareholder in the firm’s labor and employment group, was named managing director of the advo- Andersen Tate & Carr, PC, announced that part- cacy department. Gevertz focuses on the growth, ner Eadaoin Waller was appointed regional vice alternative pricing and profitability maximization president of IN-USA (Irish Networks Across within the advocacy department, which encom- America) and will represent the Washington passes seven practice groups (business litigation; construction; D.C., Philadelphia, New Orleans and Atlanta health care litigation; labor and employment; new litigators; prod- chapters at the IN-USA level. Her position will uct liability and mass tort; and transportation). He will maintain be responsible for serving as a critical link between Irish Net- his full-time practice as an employment litigator. The office is lo- work USA and its chapters. Irish Network USA is the national cated at 3414 Peachtree Road NE, Suite 1600, Atlanta, GA 30326; umbrella organization integrating the Irish Networks that exist 404-577-600; 404-221-6501; www.bakerdonelson.com. in various cities across the . It allows members of the networks to connect with their peers and to develop rela- Conley Griggs Partin, LLP, announced their move to a new lo- tionships that will foster success in their business, economic, cation in Buckhead. The firm is now located at 4200 Northside cultural and sports ventures. Parkway NW, Building One, Suite 300, Atlanta, GA 30327; 404-467-1155; Fax 404-467-1166; www.conleygriggs.com.

2017 JUNE 43 James Bates Brannan Groover, LLP, The Fulton County Solicitor’s Office announced announced Lauren Carey, Christo- the addition of newly elected solicitor-general pher Daniels, Walker W. Kinney Keith Gammage, the appointment of Kenya and Marshall S. Sims joined as as- Johnson as deputy solicitor general and public sociates. Carey practices in the fields information officer, and the re-appointment of

CAREY DANIELS of tax law and wealth planning. Dan- GAMMAGE Cynthia McCarthy as chief assistant solicitor. iels’ practice areas include litigation, Gammage is a former Clayton County prosecu- insurance, banking and financial tor. Johnson will also co-host the office’s televi- institutions, and business and com- sion show “Restorative Justice” on Fulton Gov- mercial litigation. Kinney’s practice ernment Television. McCarthy focuses on trial is focused on corporate and transac- training and courtroom support. The office is tional as well as mergers and acqui- located at 160 Pryor St., Atlanta, GA 30303; 404- SIMS KINNEY sitions. Sims focuses his practice in JOHNSON 612-4000; www.fultoncountyga.gov. corporate and transactional, banking and financial institutions, and creditors’ rights and bankruptcy. The Kilpatrick Townsend & Stockton firm is located at 3399 Peachtree Road NE, Suite 1700, Atlanta, GA announced the elevation of Kath- 30326; 404-997-6020; Fax 404-997-6021; www.jamesbatesllp.com. leen Barton, Kathryn McConnell and Reggie Williamson to coun- Womble Carlyle announced that Elizabeth O’Neill sel. Barton is a member of the labor joined as a partner. O’Neill has nearly two decades of and employment team and focuses BARTON MCCONNELL experience defending clients in toxic tort and prod- her practice on labor and employ- uct liability cases across the country. O’Neill also has ment litigation and counseling. McConnell is a an extensive background in professional liability member of the labor and employment team and litigation, defending lawyers, law firms, architects represents both multi-national corporations and and other professional clients in malpractice and misfeasance cases. domestic companies in all aspects of employ- The firm is located at 271 17th St. NW, Suite 2400 Atlanta, GA ment and traditional labor law. She also repre- 30363; 404-872-7000; Fax 404-888-7490; www.wcsr.com. WILLIAMSON sents clients in commercial disputes filed in state and federal court. Williamson is a member of the Fish & Richardson announced the addition of Zoya construction and infrastructure projects team. His practice fo- Kovalenko Brooks and Charles Reese as associ- cuses on all issues facing clients in construction, infrastructure ates in the intellectual property litigation group. and government contracts, from dispute resolution to dispute Brooks focuses her practice on patent litigation, avoidance through effective front end contract negotiations including working on teams for one of the largest and real-time claims management. The firm is located at 1100

BROOKS high-tech cases in the country pertaining to data Peachtree St. NE, Suite 2800, Atlanta, GA 30309; 404-815- transmission and memory allocation technologies. 6500; Fax 404-815-6555; www.kilpatricktownsend.com. Reese’s litigation experience includes drafting dis- positive, evidentiary and procedural motions; ar- Beasley, Allen, Crow, Methvin, Portis & Miles, guing in federal district court; and participating P.C., announced the opening of its first satellite in other stages of litigation including discovery, office in Atlanta. Chris Glover, principal at the appeal and settlement negotiation. The firm is lo- firm, serves as lead attorney. Glover is an experi- REESE cated at 1180 Peachtree St. NE, Atlanta, GA 30309; enced trial lawyer, handling products and truck- 404-892-5005; Fax 404-892-5002; www.fr.com. GLOVER ing litigation. Lance Cooper, founder of The Cooper Firm, was added as a principal. Cooper Baker Hostetler announced the ad- specializes in product liability cases involving au- dition of Mark Lange as partner and tomobile design and manufacturing defects. He Cody Wigington as an associate. also maintains his own practice. The Atlanta of- Lange focuses his practice on trans- fice is located at 4200 Northside Parkway, Build- actional tax matters, counseling cli- ing One, Suite 200, Atlanta, GA 30327; 404-751-

LANGE WIGINGTON ents on domestic and international COOPER 1162; Fax 334-954-7555; www.beasleyallen.com. corporate mergers and acquisitions, partnerships and joint ventures. Wigington focuses his practice Kutak Rock announced that Leslie Powell was on commercial litigation, including competition litigation, class promoted to the firm’s partnership. Powell rep- action litigation and regulatory litigation. The firm is located at resents domestic and foreign financial institu- 1170 Peachtree St. NE, Suite 2400, Atlanta, GA 30309; 404-459- tions in lending transactions with a focus on 0050; Fax 404-459-5734; www.bakerlaw.com. public finance. Her practice includes the rep-

44 GEORGIA BAR JOURNAL resentation of lenders in connection with credit or liquidity facilities, assisted living facilities, community care retirement support for publicly traded debt securities, the direct purchase facilities, physicians, physician groups, hospitals and integrat- of bonds and other debt securities and other forms of direct ed delivery systems. Locklair focuses on litigation in the areas lending. She also represents banks in a variety of structured of government liability, employment, products liability, civil investment transactions involving financial products such as rights (sections 1983 and 1985) defense and premises liabil- forward delivery agreements, repurchase agreements and in- ity. Stojanovic’s practice focuses on business immigration and vestment agreements. The firm is located at 303 Peachtree family-based immigration. The firm is located at 191 Peachtree St. NE, Suite 2750, Atlanta, GA 30308; 404-222-4600; Fax St. NE, Suite 2900, Atlanta, GA 30303; 404-954-5000; Fax 404- 404-222-4654; www.kutakrock.com. 954-5020; www.hallboothsmith.com.

Entrusted Advisors announced that Anne H. Nelson Mullins Riley & Scarbor- Whitaker, formerly vice president of the Atlanta ough, LLP, announced the addi- office of Counsel On Call, joined as principal and tion of Brian Teras and Erin Ward president of legal professional engagements, and as of counsel, Ashley A. Akins as Cristine Patterson Rankin, formerly of Cam- an attorney and Natalie R. Majeed

WHITAKER bridge Professional Group, joined as director of TERAS WARD as an associate. Teras concentrates talent development. Whitaker brings more than his practice on mergers and acqui- 30 years of combined experience in law, busi- sitions, corporate finance, securi- ness and coaching to working with lawyers in ties offerings and regulation, and top companies and law firms to assist with their corporate governance. He regularly career and business goals. Rankin works with advises public companies in SEC attorneys and legal professionals to place them reporting and compliance and in AKINS MAJEED RANKIN in flexible, substantive engagements with top a range of securities and corporate companies and law firms nationwide. The office finance transactions. Ward focuses her practice in the area of is located at 3200 Cobb Galleria Parkway, Suite 200, Atlanta, commercial real estate. Her experience includes representing GA 30339; 678-701-9621; www.entrustedadvisors.com. developers and sponsors in the acquisition, financing, develop- ment and sale of real property, with a concentration on mul- The Sladkus Law Group announced the addition tifamily projects. Akins practices with the School and Univer- of Amy Hsaio as partner and Jason Cooper as an sity Law Group. Majeed focuses her practice on corporate and associate. Hsaio is responsible for helping compa- regulatory health care law. The firm is located at 201 17th St. nies with intellectual property matters throughout NW, Suite 1700, Atlanta, GA 30363; 404-322-6000; Fax 404- Asia (with a particular focus in PRC China). She 322-6050; www.nelsonmullins.com.

HSAIO has extensive experience in a broad spectrum of branding matters including trademark prosecu- Morris Manning & Martin, LLP, announced tion, enforcement, arbitration and licensing, ad- the addition of L. Craig Dowdy as partner and vertising, copyright and social media. Cooper is Mark Zisholtz as special counsel. Dowdy’s work responsible for IP litigation, trademark enforce- includes strategic counseling and commercial and ment, trademark prosecution and copyright mat- regulatory litigation for corporate clients, focus-

ters. The firm is located at 1827 Powers Ferry DOWDY ing on state and federal public utility law, energy COOPER Road SE, Building 6, Atlanta, GA 30339; 404-252- and telecommunications. Zisholtz works in the 0900; Fax 404-252-0970; www.sladlaw.com. employment practice group and counsels clients on state and federal employment laws, contracts Hall Booth Smith, PC, announced and general corporate matters. The firm is located the addition of Payton D. Bramlett, at 1600 Atlantic Financial Center, 3343 Peachtree J. Felicia LeRay, Ciera Locklair and Road NE, Atlanta, GA 30326; 404-233-7000; Fax Sandro Stojanovic as associates. ZISHOLTZ 404-365-9532; www.mmmlaw.com. Bramlett joined the firm’s trans- portation litigation group where BRAMLETT LERAY he defends transportation and lo- gistics companies, their drivers and insurers. LeRay joined the health care practice group and focuses on the defense of long term care and residential care facilities, post- LOCKLAIR STOJANOVIC acute care facilities, skilled nursing

2017 JUNE 45 Sean M. Ditzel and Jeremy J. Ab- The Saylor Law Firm, LLP, an- ernathy announced the formation nounced the addition of Edward of Abernathy Ditzel, LLC. Ditzel Rappaport as senior counsel, Kasey was previously with boutique At- Libby as of counsel and Cathrine lanta family law firm, Kessler and Jordan as an associate. Rappaport

DITZEL ABERNATHY Solomiany. Abernathy has been RAPPAPORT LIBBY focuses on tax preparation, tax and operating his own firm, J. Aber- estate planning, estate administra- nathy Law. The firm handles all areas of domestic relations tion, estate controversy and business law. Libby law, probate law and personal injury. The Atlanta office is practices estate and trust litigation. Jordan fo- located at St., Atlanta, GA 30303; 404-596-4991; cuses on estate planning and administration, tax www.adfamilymatters.com. planning and preparation, and business law. The firm is located at 1175 Peachtree St. NE, Suite Weathington McGrew, PC, an- JORDAN 1450, Atlanta, GA 30361; 404-892-4400; Fax nounced the firm changed its 404-892-2400; www.saylorlaw.com. name from Weathington Smith, PC. The firm also announced that Drew Eckl & Farnham, LLP, an- Spencer Bomar, Wayne D. “Dan” nounced the addition of David

BOMAR MCGREW McGrew and Heather Miller Olsen, senior associate, and Claire joined as partners and Andrew LaBriola and William Pate as as- Bagley, Samuel E. Britt III and sociates. Olsen devotes his practice

Gabriella B. Klaes joined as associ- OLSEN LABRIOLA to bodily injury litigation, includ- ates. Bomar specializes in defend- ing general liability, catastrophic ing high exposure lawsuits, pri- injury and wrongful death, inadequate security, marily medical malpractice suits premises liability, auto accidents, trucking ac- MILLER BAGLEY and claims, though he has also cidents, slip/trip and falls, civil tort litigation, defended individuals and corpo- commercial litigation and general trial practice. rations involved in other practice LaBriola concentrates her practice in civil litiga- areas, including high stakes prod- PATE tion defense, including general casualty, premise ucts liability, premises liability and liability, commercial law and insurance coverage. automobile liability cases. Mc- Pate practices civil litigation defense and primarily focuses on Grew specializes in medical mal- general liability and insurance litigation, transportation/truck- BRITT KLAES practice and health care defense, ing law, personal injury, products liability and commercial liti- dental malpractice defense, nursing home liability, products gation. He represents individuals, corporations and insurance liability, premises liability, and construction and motor ve- companies in state and federal courts. The firm is located at hicle/trucking claims. Miller focuses her practice on health 303 Peachtree St. NE, Suite 3500, Atlanta, GA 30308; 404-885- care litigation and general liability. Bagley’s practice provides 1400; Fax 404-876-0992; www.deflaw.com. timely and effective legal defense to physicians, nurses and health care entities in state and federal courts, and matters Owen Gleaton Egan Jones & Sweeney, LLP, an- before the Georgia Composite Medical Board. Britt’s practice nounced that David Hayes was promoted to part- focuses on defending physicians, nurses and other health care ner. Hayes works in the firm’s litigation, corpo- professionals who devote their lives to improving the health rate law and governmental affairs practice of others. Klaes’ practice primarily focuses on general liabil- groups. He advises national and international ity claims, as well as the defense of physicians, hospitals and clients on restructuring, strategic planning and health care providers. The firm is located at 191 Peachtree St. general corporate governance. The firm is located at 1180 NE, Suite 3900, Atlanta, GA 30303; 404-524-1600; Fax 404- Peachtree St., Suite 3000, Atlanta, GA 30309; 404-688-2600; 524-1610; www.weathingtonmcgrew.com. Fax 404-525-4347; www.owengleaton.com.

Parker Hudson Rainer & Dobbs announced Tra- cy M. Field joined the firm’s Atlanta office as a partner in the health law practice group. Field advises health care providers and life sciences companies regarding regulatory and operational issues including Medicare and Medicaid reim- bursement matters, compliance programs, OIG and govern- ment investigations, HIPAA and HiTech concerns. The firm is

46 GEORGIA BAR JOURNAL located at 303 Peachtree St. NE, Suite 3600, Atlanta, GA 30308; 404-523-5300; Fax 404-522-8409; www.phrd.com.

Ford & Harrison, LLP, announced that Jill M. Harrison was named partner. Harrison has expe- rience advising management in issues related to Congratulations labor relations and employment law, as well as a variety of regulatory compliance and counseling to the 2017 State matters. She provides strategic counsel to busi- ness executives and human resources management on all as- Champion Mock Trial pects of the employment relationship, First Amendment litiga- tion, commercial litigation, corporate investigations, and Team from Henry W. counseling and privacy matters. The firm is located at 271 17th St. NW, Suite 1900, Atlanta, GA 30363; 404-888-3800; Fax Grady High School! 404-888-3863; www.fordharrison.com.

Stites & Harbison, PLLC, announced the addition The Grady mock trial team of Christine Tenley as a member and Nina Maja Bergmar as an attorney to the firm’s employment placed third in a field of 46 law service group. Bergmar’s practice focuses state champion teams during on employment discrimination, wage and hour the 2017 National High School TENLEY compliance, restrictive covenants and related tort and contract law. Tenley’s practice focuses Mock Trial Championship in on a wide range of employment law disciplines, Hartford, Conn., in May. including restrictive covenants and trade secrets litigation, employment litigation under federal and state employment statutes, traditional labor matters, and wage and hour collective actions. A special thanks to all of our BERGMAR The firm is located at 303 Peachtree St. NE, 2800 SunTrust Plaza, Atlanta, GA 30308; 404-739- financial donors for the 8800; Fax 404-739-8870; www.stites.com. 2017 season, including the

Butler Snow announced the ad- dition of Kenneth B. Pollock and State Bar of Georgia Laurie L. Schwartz to the firm’s public finance group. Pollock has Young Lawyers Division served as bond counsel, disclosure

POLLOCK SCHWARTZ counsel and counsel to underwrit- ers, issuers, borrowers, trustees, banks and credit enhancers in tax-exempt and taxable financ- A full list of 2017 season donors ings for governmental and private entities throughout the state will be published on our website of Georgia and several other states. Schwartz has extensive by the end of August. experience in bond issuance transactions, public finance and economic development projects. The firm is located at 1170 Peachtree St. NE, Suite 1900, Atlanta, GA 30309; 678-515- 5000; Fax 678-515-5001; www.butlersnow.com. Visit www.georgiamocktrial.org for more information about the program. IN ATHENS Blasingame Burch Garrard & Ashley, PC, an- nounced that Evan W. Jones joined the firm as a shareholder. Jones joins the firm’s plaintiffs’ trial practice, focusing primarily on representing vic- tims of catastrophic injury, medical malpractice and nursing home negligence. The office is lo-

2017 JUNE 47 cated at 440 College Ave., Suite 320, Athens, GA 30601; James Bates Brannan Groover, 706-354-4000; Fax 706-353-0673; www.bbgbalaw.com. LLP, announced William P. Hor- kan and Michael N. White joined IN BRUNSWICK as partners and W. Donald Hand- HunterMaclean announced the addition of Chris- berry, Hays B. McQueen and Dallas

topher R. Jordan as a partner in the business liti- HORKAN WHITE J. Roper joined the firm as of coun- gation group and Joshua Yellin as an associate in sel and Carlos Alexander, Jaqueline the real estate practice group. Jordan focuses his Kennedy-Dvorak and John McMi- practice on a wide range of matters involving chael joined as associates. Horkan

JORDAN railroad and transportation industries, toxic torts maintains a statewide general liti- and transportation law, and frequently presents gation and trial practice. He focuses to groups throughout the country on these issues. his efforts on representing individ- Yellin works to provide comprehensive legal and HANDBERRY MCQUEEN uals, businesses, and local govern- business counsel on a wide range of real estate ments in a variety of civil matters matters. The firm is located at 777 Gloucester St., including agricultural, business, Suite 400, Brunswick, GA 31520; 912-262-5996; employment, insurance claims and YELLIN Fax 912-279-0586; www.huntermaclean.com. coverage disputes, and contractual disputes. White’s practice focuses

IN DULUTH ROPER ALEXANDER on financial institutions, regulatory Boyd Collar Nolen & Tuggle announced the open- and securities compliance, corpo- ing of a new office in Gwinnett and the elevation ration structure, creditors’ rights of Kimberli C. Withrow to partner. Withrow fo- and bankruptcy, loan workouts, cuses her practice exclusively in the area of family collections and contract litigation. law, is trained as a mediator and is a registered Handberry represents individual, neutral with the Supreme Court of Georgia. The corporate, and government clients

Gwinnett office is located at 2180 Satellite Blvd., Suite 400, Du- KENNEDY-DVORAK MCMICHAEL in matters involving civil, com- luth, GA 30097; 770-239-1618; www.bcntlaw.com. mercial and insurance litigation. McQueen focuses his legal practice on business and corporate IN GRIFFIN transactions including contractual negotiations, corporate for- Jody L. Sellers announced the opening of The Sell- mation, mergers, acquisitions and both public and commercial ers Law Firm, LLC. Sellers practices in the areas of financing. Roper’s practice focuses mainly on general liability criminal defense, family law, personal injury, and defense, employment and general civil litigation. Alexander’s wills and probate. The firm is located at 100 S. Hill areas of practice include litigation as well as employment. Ken- St., Suite 502, Griffin, GA 30223; 770-415-9848; nedy-Dvorak focuses her practice mainly on general liability Fax 844-303-4158; thesellerslawfirm.com. defense, employment and general civil litigation. McMichael practices in the fields of estate and asset protection planning. IN JACKSON The firm is located at 231 Riverside Drive, Macon, GA 31201; Smith, Welch, Webb & White announced the ad- 478-742-4280; Fax 478-742-8720; www.jamesbatesllp.com. dition of Elizabeth P. O’Neal as partner. O’Neal practices in the areas of adoption, divorce, juve- IN MARIETTA nile and family law, as well as probate, general Sean M. Ditzel and Jeremy J. Ab- civil litigation and personal injury. The office is ernathy announced the formation located at 117 Brookwood Ave., Jackson, GA of Abernathy Ditzel, LLC. Ditzel 30233; 770-775-3188; www.smithwelchlaw.com. was previously with boutique At- lanta family law firm, Kessler and IN MACON Solomiany. Abernathy has been DITZEL ABERNATHY Butler Snow announced the addition of James D. operating his own firm, J. Aber- Garner to the public finance group. Garner has nathy Law. The firm handles all areas of domestic relations served as general counsel with experience in gov- law, probate law and personal injury. The Marietta office is ernmental, nonprofit, business and individual legal located at 7 Atlanta St. SE, Suite G, Marietta, GA 30060; 404- matters, with a focus on business transactions, tax- 596-4991; www.adfamilymatters.com. exempt entities, and tax and estate planning. The office is located at 435 Second St., Suite 204, Macon, GA 31201; 478-238-1350; Fax 478-238-1351; www.butlersnow.com.

48 GEORGIA BAR JOURNAL Dawn R. Levine and Amanda sures. The firm is located at 14 E. State St., Savannah, GA Mathis Riedling announced the 31401; 912-233-2251; Fax 912-235-5464; www.wswgs.com. formation of Levine & Riedling, LLC. The boutique firm will fo- IN STOCKBRIDGE cus on estate planning, probate Smith, Welch, Webb & White announced the addi-

LEVINE RIEDLING and guardianship. The firm also tion of Chris Chapman as partner. Chapman prac- announced that Amanda Mann tices in the areas of criminal defense, divorce, per- Moulthrop joined as an associate. Moulthrop is sonal injury and equine law. The office is located at the former director of the Cobb Justice Foun- 280 Country Club Drive, Suite 300, Stockbridge, GA dation. The firm is located at 274 Washington 30281; 770-389-4864; www.smithwelchlaw.com. Ave., Marietta, GA 30060; 770-795-4992; Fax 770-795-4992; www.levineriedling.com. IN GREENSBORO, N.C. MOUTHROP Bovis Kyle Burch & Medlin, LLC, announced it opened an office in Greensboro, N.C. The firm Michael R. Dunham announced the formation of also announced the addition of Brian Alligood as Dunham Legal in Marietta. Dunham Legal is a partner. Alligood and his team, formerly of the general civil litigation firm concentrating on do- firm Sharpless & Stavola, continue their estab- mestic relations, landlord-tenant and small busi- lished litigation practices, with emphasis on med- ness commercial litigation. The firm is located at ical malpractice and long-term care defense, health care law, 137 Johnson Ferry Road, Suite 2135, Marietta, employment litigation and insurance coverage. The new office GA 30068; 770-628-7330; www.eastcobblegal.com. is located at 800 Green Valley Road, Suite 102, Greensboro, NC 27408; 336-907-3265; Fax 336-907-4178; www.boviskyle.com. IN SAVANNAH Jeffrey W. Rubnitz, Elizabeth F. IN WASHINGTON, D.C. Thompson and Triece G. Ziblut Amy Wolverton joined Advanced Micro De- announced the formation of Rub- vices, Inc., (AMD) as associate vice president, nitz Thompson Ziblut, LLC. Rub- U.S. Government Affairs. Based in Washington, nitz concentrates on residential D.C., Wolverton is responsible for managing the

RUBNITZ THOMPSON and commercial real estate law, company’s regulatory, legislative and executive- as well as probate, estate planning branch related matters. Prior to AMD, Wolver- and corporate law. Thompson’s focus is on han- ton established and led the government affairs office of HTC dling purchase and refinance transactions, both America, Inc. residential and commercial, and other ancillary real estate work. Ziblut has practiced commer- cial and residential real estate law for more than CORRECTION ZIBLUT 20 years, serving a variety of clients including In the April 2017 issue of the Georgia Bar Journal, purchasers, sellers, homebuilders, developers, lenders and Douglas “Doug” Elkins and Elisabeth “Lis” Shepard title insurance companies. The firm is located at 617 Stephen- were incorrectly listed as new associates with Miller son Ave., Suite 202, Savannah, GA 31405; 912-353-9300; & Martin. Elkins and Shepard were named to mem- Fax 912-353-7595; www.rubnitzlaw.com. ber status effective Jan. 1, 2017. Elkins, based in the firm’s Chattanooga office, focuses his practice in Weiner Shearouse Weitz Greenberg & Shawe the area of corporate law, mergers and acquisitions, announced the elevation of Helen Hester to securities and general business representation. partner and the addition of Keri M. Martin Shepard, based in the firm’s Atlanta office, prac- as an attorney. Hester focuses her practice on tices in the areas of intellectual property/technol- commercial and residential real estate, real es- ogy law, corporate law, franchise/distribution law HESTER tate litigation, complex business litigation, com- and labor and employment law. Miller & Martin’s mercial litigation and construction litigation in Atlanta office is located at 1180 W. Peachtree St. NW, Georgia and South Carolina. Martin’s practice is Suite 2100, Atlanta, GA 30309; 404-9662-6100. Their dedicated to transactional work, as well as civil Chattanooga office is located at 832 Georgia Ave., litigation practice representing individuals and Suite 1200, Chattanooga, TN 37402; 423-756-6600; businesses in a variety of matters that include www.millermartin.com. MARTIN contract disputes, business disputes, real prop- erty disputes, commercial disputes and foreclo-

2017 JUNE 49 VISIT GABAR.ORG For up-to-date information on committees, members, courts and rules. GBJ | Offi ce of the General Counsel

Daughter Dearest

BY PAULA FREDERICK

“Jane Blow changed her mind about lawyer just rely on the client’s directions getting divorced—again,” you tell your on who should get the refund? bookkeeper. “She wants her retainer back. The Georgia Rules of Professional I’ve only got about an hour in the case, so Conduct do not provide a definitive an- go ahead and give her a full refund. She’ll swer. Since we are one of the few states be back. . .” that do not require unearned fees to be “Sure,” your bookkeeper responds. held in escrow, the fiduciary obligation to “There’s only one problem with that—she protect third party funds under Rule 1.15 didn’t pay the retainer, her mother did.” may not even apply. “That’s right,” you recall. “I remember Some lawyers refund to the source. thinking her mom wanted the divorce If mom paid the lawyer directly, then more than Jane did. I wonder if mom mom gets the refund. That can be risky, knows Jane is backing out?” as the lawyer can be drawn into a dis- “Maybe not,” your bookkeeper guesses. pute between the client and the payor “This note says Jane plans to pick up the over whether the funds were a loan or check later today. Oh, well—I hope she’s a gift. Some lawyers avoid the problem not ripping off her own mother, but I by not accepting payment from anyone guess it’s none of our business. We can’t other than the client, and ask no ques- go wrong following the client’s direc- tions about where the client obtained tions, can we?” the money. “Not so fast,” you warn. A more obvious way to prevent a tug What duties does a lawyer owe to of war between the client and a third per- someone who has paid the legal fees for son over fees to be refunded is to address a client? the issue in advance, in writing. Rule 1.8 Rule 1.8(f) treats the issue of third requires informed consent before you ac- party payment as a potential conflict of cept the payment. Why not discuss dis- interest. It requires informed consent of position of any refund at the same time? the client before accepting compensation It is not unusual for a parent to pay le- for representing a client from someone gal fees for a child. If you see this often in other than the client. The rule prohibits your practice, plan ahead!  the arrangement where it would interfere with the lawyer’s ability to exercise inde- pendent professional judgment on behalf Paula Frederick of the client, and requires the lawyer to General Counsel protect the client’s confidential informa- State Bar of Georgia tion even from the person paying the bill. [email protected] But what happens when the lawyer needs to refund unearned fees? Can the PHOTO BY ISTOCK.COM/ABBIELMAGES

2017 JUNE 51 GBJ | Attorney Discipline

Attorney Discipline Summaries

(Feb. 23, 2017 through May 12, 2017) BY JESSICA OGLESBY

DISBARMENTS ply with CLE requirements. In September nunc pro tunc to Oct. 3, 2011; that he he further ceased to be a member in good failed to file timely responses to discovery Ted H. Reed standing for failure to pay his Bar dues. requests, failed to respond to a motion to 1601 Shammock Trail Nevertheless, Harkleroad continued to compel discovery, failed to provide dis- Smyrna, GA 30080 represent a client charged with murder. covery responses despite the trial court’s Admitted to Bar in 1976 The day after the trial began, the prose- order granting the opposing parties’ mo- On Feb. 27, 2017, the Supreme Court cution learned that Harkleroad was not a tion to compel and failed to respond to of Georgia disbarred attorney Ted H. member in good standing and advised the the opposing parties’ motion to dismiss; Reed (State Bar No. 597837). Reed was court. Harkleroad said that he had recent- that the court granted the opposing par- retained in 2006 to assist a client with his ly sent a check to pay his dues and that ties’ motion for sanctions on Oct. 2, 2012, divorce. The client experienced consid- he acquired six hours of CLE. The court striking the client’s complaint and prohib- erable difficulty in communicating with allowed Harkleroad to check on his mem- iting him from defending the opposing Reed and Reed failed to ensure the cor- bership status. He then told the court that parties’ counterclaim regarding breach of rection of the final order in the divorce the Bar advised him that he needed eight contract; that he failed to return the cli- proceedings, which failed to protect the hours of CLE. The court declared a mis- ent’s files; that the court awarded $28,195 client’s pension. The client eventually trial and filed a grievance. At that time, in attorney fees to the opposing parties; hired new counsel and incurred more Harkleroad needed 18 hours of CLE and and that he failed to communicate with expenses to have the matter resolved in no check for dues was ever received. The the client or inform him about the case. his favor. court found that Harkleroad acted with a In Docket 6830, the following facts are In aggravation of discipline, the Re- dishonest motive and that he had substan- deemed admitted by default: that a client view Panel noted Reed’s prior discipline, tial experience in the practice of law. paid Fair $1,500 to represent him in a (previous voluntary surrender of license, criminal case; that Fair did not act with Review Panel reprimand and formal let- reasonable diligence and promptness in ters of admonition in 2006 and 2013), Morris P. Fair Jr. The Law Office of Morris P. Fair, Jr., PC representing the client; that Fair failed to his refusal to acknowledge the wrongful 4262 Clausell Court, Suite C keep the client informed about the status nature of his conduct and his substantial Decatur, GA 30035 of the case and failed to promptly respond experience in the practice of law. Admitted to the Bar in 2000 to the client’s requests to communicate; On Feb. 27, 2017, the Supreme Court that Fair ceased representation of the cli- Keith Brian Harkleroad of Georgia disbarred attorney Morris P. ent without informing the client that he Harkleroad Law Firm Fair Jr. (State Bar No. 581019). In Docket had ceased the representation or that he 906 N. Alabama St. 6829, the following facts are deemed ad- intended to withdraw and without filing Broxton, GA 31519 mitted by default: that a client retained a motion to withdraw from the case; that Admitted to Bar in 1999 Fair in 2008 regarding claims in a con- Fair did not provide the client file to the On March 20, 2017, the Supreme struction dispute; that Fair failed to ter- client in a timely manner; that the as- Court of Georgia disbarred attorney minate representation of the client when sistant of the trial judge emailed Fair to Keith Brian Harkleroad (State Bar No. he was on interim suspension from June inform him that he was counsel of record 326382). The following facts are deemed 3 to July 18, 2008, and when he was sus- in the client’s case and should appear in admitted by default. In May 2015 Har- pended from July 24, 2010, to Jan. 7, 2013, court and that Fair replied that he filed kleroad was suspended for failure to com-

52 GEORGIA BAR JOURNAL a motion to withdraw and that the cli- following facts are admitted by default. “He who is his own lawyer ent filed a Bar complaint; that Fair did Respondent has been ineligible to practice has a fool for a client.” not refund the client’s money; and that law for non-payment of Bar dues from he advised the Bar that he filed a motion September 2015 to the present. to withdraw from representing the client In State Disciplinary Board Docket Warren R. Hinds, P.C. when he had not. Number 6914, Respondent was sus- “An Attorney’s Attorney” In aggravation of discipline, Fair re- pended on April 26, 2016, for failure to ceived formal letters of admonition in respond to probate court orders. t Bar Complaints 2010 and 2015; an indefinite suspension In SDB 6915, a client retained Respon- t Malpractice Defense in 2010; and two interim suspensions in dent in September 2015 and paid him a t Ethics Consultation 2008 and 2015, respectively. Fair acted fee to file a civil action on her behalf, but with a dishonest motive and he had sub- as of Sept. 1, 2015, Respondent had be- stantial experience in the practice of law. come ineligible to practice law for failure to pay annual dues. Lawrence Edward Madison In SDB 6916, Respondent was retained 321 Commercial Drive by a client to prepare a deed transferring Savannah, GA 31406 ownership of real property from another Admitted to the Bar in 1993 individual to the client. On Feb. 27, 2017, the Supreme Court In SDB 6917, a client retained Respon- of Georgia disbarred attorney Lawrence dent in April 2015 and paid him a fee to Edward Madison (State Bar No. 465530). file a civil action on his behalf. The cli- In June 2012, Madison was convicted by a ent also entrusted to Respondent certain jury of felony child molestation and other documents that supported his claim. offenses. In mitigation of discipline, the In SDB 6918, in March 2015, a client Special Master noted that Madison had paid a retainer fee to Respondent to repre- 1303 Macy Drive not been the subject of any prior disciplin- sent her husband in a pending criminal mat- Roswell, Georgia 30076 ary proceeding, but found that the vulner- ter. Respondent did not notify the client or Call (770) 993-1414 ability of the minor victim in that case was the client’s wife that he had become ineli- www.warrenhindslaw.com a decisive aggravating factor. The Review gible to practice law effective Sept. 1, 2015. Panel concluded that Madison’s misconduct In all above State Disciplinary cases, Tax Court Accepts demonstrated an indifference to his obliga- Respondent took no action on behalf of tions as an attorney and negatively reflected his clients and abandoned the matters Kaye Valuation on his honesty and trustworthiness. without returning unearned fees. Affirmed by Samuel Elias Skelton 46 Meadow Drive SUSPENSIONS US Court of Appeals Royston, GA 30662 Jon Gary Branan Admitted to Bar in 2009 310 Weatherford Place Voluntary Surrender of License Macon, GA 31210 Mitchell Kaye, CFA, ASA On March 30, 2017, the Supreme Admitted to Bar in 1980 (770) 998-4642 Court of Georgia accepted the voluntary On March 20, 2017, the Supreme surrender of license of attorney Samuel Court of Georgia accepted the petition Elias Skelton (State Bar No. 940392) fol- for voluntary discipline of Jon Gary lowing the entry of a guilty plea to felony Branan (State Bar No. 075850) for a one- Business Valuations counts of theft by taking in the Superior month suspension and a Review Panel Divorces ! Estates ! Gifts Court of Banks County. reprimand. In May 2007, Branan was re- ! tained to represent a client in a personal ESOPs FLPs Intangible Assets ! Disputes Richard R. Buckley Jr. injury action. In September, Branan ar- 409 Love Ave. ranged for a $10,000 loan for the client Court Testimony and IRS Experience P.O. Box 415 from a bank and personally guaranteed Tifton, GA 31793 the loan. Branan agreed with the cli- Admitted to Bar in 1985 ent that the loan was to be repaid out serving appraisal clients since 1981 On April 17, 2017, the Supreme Court of proceeds from the settlement of the of Georgia disbarred attorney Richard R. case. After the case settled in March 2014 www.MitchellKaye.com Buckley Jr. (State Bar No. 092905). The and before the settlement proceeds were

2017 JUNE 53 paid out in December, Branan sued the used the disbursed funds to pay off the had received two formal letters of admo- client to recover the amount of the loan balance of the loan. nition and a public reprimand. plus interest. Branan submitted a sworn In mitigation, Branan offers that he is statement that the source of the debt was remorseful and that at that time he was a personal loan he had made to the cli- experiencing personal and professional PUBLIC REPRIMAND ent. Branan ultimately obtained a writ of challenges. His cooperative attitude is also David J. Farnham attachment to $10,500 of the settlement a mitigating factor. Branan has no prior The Farnham Law Firm funds. An interpleader action was filed public disciplinary record. 282 W. Main St. and the funds were deposited into the Blue Ridge, GA 30513 registry of the court. In September 2015, Jeffrey L. Sakas Admitted to Bar in 1986 the court entered an order directing that 191 Peachtree St. NE, Suite 3275 On Feb. 27, 2017, the Supreme Court the funds subject to the writ of attach- Atlanta, GA 30303 of Georgia accepted the petition for vol- ment be disbursed to Branan. Branan, Admitted to Bar in 1973 untary discipline of David J. Farnham who had made payments on the loan, On April 17, 2017, the Supreme Court (State Bar No. 255410) for a public repri- of Georgia accepted the petition for vol- mand. A former client who Farnham had untary discipline of Jeffrey L. Sakas (State hired as an investigator filed a grievance Bar No. 622250) for a six-month suspen- against him (Docket 6581) alleging that sion. Respondent admits that in August one of Farnham’s non-lawyer employees 2012, a client hired him to pursue a legal routinely held himself out as a lawyer; malpractice case and paid him a $10,000 that Farnham paid the non-lawyer to retainer, plus $6,000 for litigation expens- bring in potential personal injury clients; es. The client also agreed to pay Sakas a that Farnham divided legal fees with the 40 percent contingent fee on any amount non-lawyer; and that Farnham failed to recovered. Two years later, in October properly supervise the non-lawyer. Farn- 2014, Sakas met with the client and told ham admitted that he had not maintained him that although his file had gone miss- direction and control over the non-law- ing during an office move, Sakas admit- yer’s activities in the past. tedly never filed a complaint or engaged Docket 6705—In 2011, Farnham was in any discovery on the client’s behalf and retained to represent a client in a personal instead abandoned the case without just injury matter. He contended that he filed cause and to the client’s detriment. Sakas suit, but that the case was removed to further admits that during the fee arbitra- federal court and was assigned to another tion process initiated by the client, he en- lawyer in the office. The defendant’s dis- For the most up-to-date tered into a consent agreement in which covery requests and motions went unan- information on lawyer he agreed to refund the client $11,000 by swered and the lawsuit was dismissed at Aug. 9, 2015, and an additional $5,000 by the summary judgment stage for failure discipline, visit Sept. 1, 2015, in order to resolve the mat- to raise a genuine issue as to damages or ter. Sakas provided a copy of a check for causation. Farnham failed to withdraw or www.gabar.org/forthepublic/ $16,000 made payable to the client, and file a substitution of counsel once the suit recent-discipline.cfm the special master made a factual finding was removed to federal court. that Sakas repaid the client. Docket 6706—Farnham admitted In mitigation of discipline, Sakas con- that he filed a divorce action for a cli- tends that after agreeing to represent the ent in June 2011; that after mediation, client, personal matters delayed his abil- the parties reached a resolution which he ity to give the case the necessary atten- memorialized into a proposed final or- tion. Those matters included the illness der; that when the order was misplaced, and death of his father; the subsequent a follow-up status conference was set health problems, relocation and ultimate by the trial court for Nov. 15, 2011, at death of his mother; his own two health which time the case was dismissed; that problems, which required hospitalization when Farnham learned of the dismissal, and surgery; and the transfer of his law he refiled the divorce at no additional practice to a new location. In aggrava- cost in June 2013; and that he promptly tion, Sakas had substantial experience in sought to enforce the settlement agree- the practice of law and a prior disciplinary ment. Farnham and his client missed two history as evidenced by the fact that Sakas status conferences in the renewed action,

54 GEORGIA BAR JOURNAL but Farnham contended that he did not a full and free disclosure in response to and the client lost the ability to pursue receive notice of those conferences due the grievance. Coulter also noted that her medical malpractice claim. to an alleged “hack” of his email account. the decline of his practice has caused Leslie asserted in mitigation that he Farnham asserted that the client termi- him financial and emotional stress, as has no prior discipline, he did not will- nated him and that he filed a substitution has his pending divorce proceedings. In fully intend to cause harm to his clients of counsel. Farnham failed to determine aggravation, the Bar noted Coulter’s sub- and his personal injury practice at the that the client’s suit had not been final- stantial experience in the practice of law. time was understaffed. Leslie also stated ized and to promptly pursue the renewed that he was suffering from depression action. Farnham agreed to refund $5,000 John Andrew Leslie following heart surgery and this af- to the client. The Leslie Law Firm, LLC fected his desire and ability to address In mitigation of discipline, Farnham 288 Lawrence St. difficult issues in some cases. Leslie has asserted that he lacked any dishonest or Marietta, GA 30060 made changes to his practice to ensure selfish motive, that he had been coop- Admitted to Bar in 2005 that these issues do not arise again, in- erative with the Bar and that he had suf- On March 20, 2017, the Supreme cluding: (1) implementing a new phone fered an improper suspension. Farnham Court of Georgia accepted the petition system, which sends an email and mes- received a letter of admonition in 1992, for voluntary discipline of John Andrew sage to his cell phone for every voicemail and Investigative Panel reprimands in Leslie (State Bar No. 447067) for a Re- left for him; (2) hiring an assistant four 1992 and 2007. view Panel reprimand. With regard to days a week to help in tracking client State Disciplinary Board Docket No. communications and other matters; and 6900, a client retained Leslie to represent (3) utilizing case-management software REVIEW PANEL REPRIMANDS her in a personal injury action arising designed specifically for personal injury Gary Lanier Coulter out of a minor motor vehicle accident. work. Leslie further stated that when the Coulter & Associates Leslie filed a lawsuit, and the defendant clients made legal claims against him, he P.O. Box 834 offered his client a settlement that she worked diligently with his insurance Bogart, GA 30622 did not accept. Apart from some pre-suit company to resolve the claims promptly Admitted to Bar 1971 discussions with the adjuster and initial and amicably and to make sure his cli- On Feb. 27, 2017, the Supreme Court settlement discussions with opposing ents were compensated. Leslie stated of Georgia accepted the petition for vol- counsel, Leslie failed to advance the case that he regrets the mistakes he made, he untary discipline of Gary Lanier Coulter for several years despite inquiries by had no intention to abandon his clients, (State Bar No. 190100) and ordered that his client, opposing counsel and the ad- and he will participate in the State Bar’s he receive a Review Panel reprimand. juster. He did not adequately respond to Law Practice Management and Lawyer Coulter represented a client between and communicate with his client about Assistance Programs. 2011 and 2013 in a complex probate mat- the case and he did not interview any ter, for which he was paid approximately witnesses or take any depositions. As a $187,000. In March 2013, the client ter- result, the case was dismissed and the cli- INTERIM SUSPENSIONS minated Coulter’s representation, hired ent lost the ability to pursue her personal Under State Bar Disciplinary Rule new counsel and disputed Coulter’s fee. injury claim. 4-204.3(d), a lawyer who receives a No- Coulter agreed to repay $30,000, to be With regard to Docket No. 6901, a tice of Investigation and fails to file an repaid in 60 $500 monthly installments. client retained Leslie to represent her adequate response with the Investigative Coulter repaid $9,500, but the decline in connection with a dental malpractice Panel may be suspended from the practice of his law practice left him unable to claim. Leslie says that he filed suit on of law until an adequate response is filed. pay more. her behalf, retained an expert dentist Since Feb. 23, 2017, eight lawyers have In mitigation of discipline, Coulter and served written discovery on the been suspended for violating this Rule stated that he has no prior discipline; defendant. After the parties exchanged and five have been reinstated.  that he did not intend to charge his cli- discovery and Leslie’s client was de- ent an unreasonable fee; that he has been posed, Leslie sent a demand to defense a Martindale Hubbard AV-rated lawyer counsel, but settlement negotiations Jessica Oglesby for more than 34 years and has a reputa- were not successful, and he failed to Clerk, State Disciplinary Board tion for ethical conduct and good char- prosecute and advance the case for sev- State Bar of Georgia acter; that he responded in good faith to eral years despite inquiries from his cli- [email protected] the client’s fee dispute and engaged in a ent. Leslie did not adequately respond good faith effort to repay the unreason- to and communicate with his client able fee; that he is deeply remorseful and about the case and he did not interview intends to honor his repayment obliga- any witnesses or take any depositions. tion when he is able; and that he made As a result, the lawsuit was dismissed

2017 JUNE 55 GBJ | Legal Tech Tips

Legal Tech

TIPS PHOTO BY ISTOCK.COM/NIKADA The Google Street View’s randomly training exercises and 19 workouts to BY NATALIE R. KELLY generated “View of the Day” allows you create more than 1,000 variations to AND MICHAEL MONAHAN to look around where you’ve landed— keep your exercise sessions interesting. anywhere in the world! Its Smart Workout feature gauges your GateGuru App fitness and motivation level and creates a 1gateguru.com Bluesmart Smart Luggage variety of workouts specifically for you. You’ve just landed and you want to find 4www.bluesmart.com You can enjoy music from your device, the nearest restaurant or coffee shop. Talk about techie travel! Bluesmart Smart review exercise tutorials and share your Look no further than the guidance Luggage lets you lock your suitcase from workouts via Facebook and Twitter. from the GateGuru app. Besides its your smart phone, charge your devices, main function of tracking your flight locate your suitcase and even check the and flight status, this app will allow you weight of your suitcase. With built-in Buffer and Hootsuite to search for amenities within major USB ports, FAA-compliant battery, and 7buffer.com & hootsuite.com airports by simply plugging in the 3G and GPS, Bluesmart luggage is already Helpful hint: If you are using Facebook, airport terminal or gate. rolling around you at the nearest airport. LinkedIn and Twitter for marketing It’s TSA approved, too! your firm—or just to be social—make sure you are using a social media console What Should I Read Next? or “dashboard”—it comes in very handy 2whatshouldireadnext.com Turn Off the Tech at vacation time or trial time when you Want to know which book to toss in 5(Well, mostly.) won’t have time to post or tweet. For your beach bag? Look up your next You should learn to turn off notifications example, Buffer and Hootsuite offer free juicy title by visiting this site and on devices and set out of office messages versions that will let you create posts logging in your favorite books and within your email accounts to keep in advance and schedule them for later authors. The site will suggest new reads vacation disruption to a minimum. We automatic posting. So while you’re on from its database of reader reviews. know it’s easier said than done, but just vacation or in trial, your marketing Happy reading! stepping away from technology and efforts are still ongoing. interruptions is often the best tech tip you’ll ever receive. MapCrunch Keep Your Information Secure 3www.mapcrunch.com 8Hide.me & Wifi Finder Need a quick vacation, but can’t get out 7-Minute Workout Manage your data use by using available of town in the foreseeable future? You 67minuteworkout.jnj.com free Wi-Fi and couple it with a free can plan a surprise trip to a surprise secure VPN (virtual private network). location in just a few clicks with For the busy lawyer or the lawyer on Using unsecured Wi-Fi at stores and MapCrunch. This quick vacationing vacation, 7-Minute Workout helps you cafes can be dangerous, but we all need idea will allow you to travel from your work out anywhere, anytime. Available that free data, right? First, get a free desktop by simply visiting the site. in iOS and Android, 7-Minute Workout VPN that you can use, like Hide.me or gives you 36 high-intensity circuit TunnelBear. These free VPNs have data

56 GEORGIA BAR JOURNAL ILLUS TRAT ION BY IS TO CK .C O M / F U R T A E V

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Testimonial

ILLUSTRATION BY ISTOCK.COM/JANE_KELLY

Eunice Hyunhye Cho Southern Poverty Law Center limits, but plenty to make sure your to find restaurants, hotels, events and 7-Minute Workout emails and banking transactions are other fun activities. In addition to time, secure. Then, use a Wi-Fi finder while location, your preselected interests and My work litigating immigration you are out on vacation or traveling for past behavior, the app also fine-tunes detention and prison conditions work to help you locate free Wi-Fi in what it presents to you based on factors requires me to be on the road quite a your area. With Wi-Fi Finder, you can such as the weather and whether you’re bit; and as a new mom, I find it tough scan for Wi-Fi hotspots around you, a local or a visiting traveler. to fit in exercise. The answer? The search for public Wi-Fi anywhere in the 7-Minute workout app! Popularized by New York Times world, view Wi-Fi hotspot details, call the , which announced the location and get directions or share Traveling Spoon to the world that high intensity interval the hotspot. Wi-Fi Finder is available for 10www.travelingspoon.com training produces many of the same phones and tablets. The Traveling Spoon motto says it benefits as a longer workout, this app all: “Travel off the Eaten Path.” With helps me to exercise and keep track of Traveling Spoon you can book a private my workouts. I’ve done these workouts Trip.com meal or cooking class with the best at home, at rest stops and even in the 9www.trip.com home cooks around the world. The office with co-workers. Use Trip.com or its Android and iOS site indicates all its hosts are personally apps to find fun and adventure near vetted. So, when you travel, learn the you. While out on the road, use the app local food culture.

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2017 JUNE 57 GBJ | Law Practice Management

The annual Solo & Small Firm In- Top 10 Reasons You stitute, Take Charge, is planned by the State Bar’s Law Practice Management Should Attend Georgia’s Program with sponsorship by the Gen- eral Practice and Trial Law Section, Transition into Law Practice Program Solo and Small Firm and the Young Lawyers Division. The institute will be held July 14-15 at the Institute Bar Center in Atlanta and features a mix of CLE sessions and an exhibit hall of law-related product and service vendors. The goal of the Solo and Small Firm Institute is to provide attendees with If you don’t already have the event on the confi dence, skills and information to implement positive changes in your calendar, here are 10 reasons you their practices which can aff ect and improve business. should attend Georgia’s Solo and Small Firm Institute—David Letterman style. BY NATALIE R. KELLY PHOTO BY ISTOCK.COM/WARCHI

58 GEORGIA BAR JOURNAL You can get a year’s worth from access to interesting and helpful You can get a personalized 10of CLE credit. CLE, you can use the opportunity to net- 3tour of the Bar Center. The Solo and Small Firm Institute is an work with colleagues and tackle concerns Ever wonder what was on those other ICLE program approved for up to 12 CLE that arise in firms of all sizes, i.e., “How to floors coming off the Bar’s elevators in the credit hours including one hour of pro- Stay Out of Trouble with the State Bar” parking garage when you were attending a fessionalism, one hour of ethics and three and “Do More, Bill More” and “Go Home CLE at the Bar’s Conference Center? You hours of trial practice. Attendees will be Early.” Big Law attorneys, staff and other will get a guided tour of the absolute best able to choose from multiple topics deliv- legal professionals can all learn something Bar Center in the United States! Tours are ered via the five plenary sessions as well new and beneficial at Take Charge. planned to take place during the Friday re- as in the conference’s tracks: “How To;” ception networking event. Technology and Practice Management; Substantive Law; Office Operations; and You can bring your staff. Vendor Showcase. 6Understanding the time constraints You can win cool prizes. of being away from the office and its 2Everyone’s a winner at the Solo and impact on business for solo and small Small Firm Institute—but there will also You can speak to vendors firm lawyers especially if there’s no one be ample opportunity to win cool prizes 9directly about their products. back at the office, the conference orga- from exhibit hall vendors and during We appreciate participating vendors in nizers work to make sure the program some of the conference’s educational ses- this year’s conference. Dedicated exhibit lasts a full day Friday and ends just af- sions. Past years winners’ have walked hall hours and vendor showcase CLE ses- ter noon on Saturday. And staff should away with free conference registrations, sions provide attendees one hour of gen- not be a problem because you can reg- educational books and shiny new technol- eral CLE credit. The exhibit hall is abuzz ister them for the conference and bring ogy. You must be present to win! with learning about the latest products them with you for office-wide profes- and services and provides a great chance sional development. Staff attendees can to network and build relationships with choose from sessions within the Office You can “Take Charge” of your vendors You can also mix and mingle Operations track where topics range 1practice! with the other attendees. from how to interact within the office While the Solo and Small Firm Institute is to dealing with clients and learning always a fun learning event and is grow- how to use the Bar’s free legal research ing every year, it is about serious busi- You can meet legal legends. service, Fastcase. ness—yours! The conference tries to pro- 8Catherine Sanders Reach, a leading vide solo and small firm lawyers—actually legal technology expert and practice man- everyone in attendance—with the confi- agement advisor (PMA), will be present- You can grow your social dence, skills and information to imple- ing “The Flexible Law Firm,” “Maximize 5media network. ment positive changes in their practices Office 365: Tips and Tricks for the Law Join fellow tweeters, bloggers and social which can affect and improve business.  Office” and “Hot Practice Tips, Apps, Sites media posters tracking the conference and Gadgets.” Jay Foonberg, the author of live using the conference’s own hashtag— Natalie R. Kelly the No. 1 ABA best-selling book, “How #gasolo17! to Start and Build a Law Practice,” has a #YouShouldNotMissThis Director, Law Practice Management special program, “E-Mentoring Program: #WeNeedMoreFollowers State Bar of Georgia From Law School to ‘Practice Ready’ Law- [email protected] yers,” offered as a first to Georgia lawyers. And, Casey Flaherty, a former inside and You can attend an Atlanta outside counsel and creator of the Legal 4Legal Innovation and Earn up to 6 CLE credits Tech Assessment, will present, “Tech Technology Meetup. Competency: What Service Delivery Re- The Atlanta Legal Innovation and Tech- for authoring legal articles views Can Teach You.” nology Meetup group joins the confer- and having them published. ence during the Friday evening reception Submit articles to: to host its monthly meetup. You can share Tim Colletti Georgia Bar Journal You can attend even if you are and discuss what you’ve learned through- 104 Marietta St. NW, Suite 100 7 not a solo or small firm lawyer. out the day with the meetup group made Atlanta, GA 30303 You don’t have to be a solo or small firm up of “legal innovators—entrepreneurs, Contact [email protected] lawyer to attend Take Charge. “But what’s lawyers, coders, thinkers and technolo- Learn more at there to learn that would apply if I’m not gists with a passion for shaping the future www.gabar.org a solo or small firm?” you ask. Well, aside of the legal industry.”

2017 JUNE 59 We Salute Our Pro Bono All-Stars

The Pro Bono Resource Center of the State Bar of Georgia salutes the following attorneys who demonstrated their commitment to equal access to justice by volunteering their time to represent low-income Georgians in civil pro bono programs during 2016.

*denotes attorneys who have accepted three or more cases

ATLANTA LEGAL Christina Campbell* Crystal Genteman AID SOCIETY Stephanie Carman Amber Suitt George Jeffery Cavender Christopher Glass Atlanta Valrie Abrahams Melissa Cerqueira David Golden Sara Adams Jerry Chappell Lynn Goldman Allan Alberga Kelly Christian Richard Goldstucker Rick Alembik Charles Clapp Todd Goodwin Frank Alexander Patrick Clarke Valerie Ponder Gordon Tala Amirfazli Rusty Close Jodi Greenberg Patricia Ammari* Joshua Combs Lauren Gregory Emmett Arnold Ina Cook Irma Griffith-Steele* Sada Baby Hugh Cooper Anthony Guebert Beth Baer Kelsie Cross Kathryn Guinn Teri Bailey Josh Curry Amy Hanna Andy Bailie Rob Curylo Sheronn Harris Brandon Van Balen Constance Daise Kimberly Haynes Katie Balthrop Kimberlynn Davis Greg Hecht Stephanie Banks Sharon Davis Melodee Henderson-Silmon Justice Barber Jajuana Dewberry Adam Herring Lou Barbieri Isabella Dinerman Meredith Hilton Hailey Barnett Isabelle Dinerman Kathryn Hinton Reid Barrineau Courtney Dixon Gigi Hoang Jakeema Bascoe Alex Drummond Thomas Holcomb* John Bennett Robert Duda Tom Holcomb Mary Benton Jacob Edwards Brenda Holmes Jeremy Berry Arielle Eisenberg Richard Horder Austin Bersinger Anne Emanuel Maira Houser Dylan Bess Bethaney Embry Jason Huff Tamorra Boyd Katherine Farley Randy Hughes* Lily Bradley Ashby Kent Fox* Brett Johnson Joseph Brannen Jay Fox* Yolanda Johnson Craig Brazeman Monica Freitag Kimberlee Payton Jones Constance Brewster Audra Frimpong Kwende Jones Aisha Slade Broderick Judith Fuller Michael Karamat Terri Brown Olga Gambini Victoria Kealy Terry Bushell Alicia Gant Cheryl Kelly PHOTO BY ISTOCK.COM/ DOMIN_DOMIN 60 GEORGIA BAR JOURNAL Laila Kelly Seyfarth Shaw Wallace Berry Jr. Tammora Boyd Paul Mooney Sarah Kelsey Terri Simmons Katrina Breeding Donald Boyle Kevin G. Moore* Kyllan Kershaw Michael Singer Lauren Bryant Jenni Brown Alea Moore Frederick King Zara Singh Clarissa Burnett WilliamBrown Coby S.Nixon Rhonda Klein Ansley Sluss Raymon Burns Lawrence E. Burke Melanie Norvell Amy Kluesner Dawn Smith Lindsey Cambardella John Bush Justin O'Dell Elisa Kodish Ian Smith Constancia Carter Althea Craig Caces Julia Fenwick Ost Russell Korn Joanna Smith* Walter Clarke Mark B.Carter* G. Cleveland Payne III Erin Krinsky Henry Sommer Jim Cline Marijane Cauthorn Debbie C. Pelerose K. Rocelle Laffitte Adam Sonenshine Arlene Coleman Wick Cauthorn* Meredith Rainey Permar Laurice Rutledge Lambert Sherri Southard Glenn Cooper J. Wickliffe Cauthorn* Annalise Peters Jenaye Lawrence Elizabeth Spivey Jerry Daniels Ophelia Wai Yan Chan Ryan Alan Proctor Isabella Lee Bill Stanhope Brook Davidson Diane Cherry Mandy Proctor Josh Lee William Stanhope* Andrea David-Vega Sarah Cipperly* James K. Reed Katheryn Lee Keisha Steed Schuyler Elliott Bert Cohen* Cheryl Richardson* Geoff Lemmond Lin Stradley* Barbara Evans* Valeria Cometto Amanda Riedling* Kimberly Mabry Matt Strumph Douglas Fox Edwin Cook Jessica Samford Alicia Mack Meron Tadesse Kathryn Franklin Win Cook Lela Schmidt Shonterria Martin Phyllis Talley Laura Friedman Ken Crosson Steve Scott Gabriella Mas Erica Taylor Tiana Garner Mike Dalton Loretta A. Smith* Dene Matthews Lynnae Thandiwe Casey Gibson Edward F. Danowitz JoAnna Smith Emily McBurney Ashley Thompson John Hogan Jeffrey A. Daxe* Kristian Smith Mary McCallum* Kathryn Thompson Donald Horace Angelia Duncan Linda Spievak Jim McCarten David Tim Robby Hughes Joy Edwards Mark Stephens Andrew McClintock Laureen Tobias Jason Kang Carrie Fiedler Melody S. Swilling Carroll Wade McGuffey Torin Togut Wally Kelleman Max Fishman Jodi Taylor Mack McGuffey Lydia Toomer Kathlyn Khashan Kynna Garner* Vicky Templeton La’Vonda McLean Carolyn Trespaz Vanessa Kosky Gina Grady Sarah Timmers Christina Meddin Melissa Trimble Frances Kuo Matthew S. Grattan Laura Vickery Sam Melamed* William Turner Christopher Lee Joy Green-Armstrong Frank Virgin Addison Miller Kabir Uddin Matthew Lettich John Gunn Cathy Waddell* Christina Mobly Lauren Ulrich David Lipscomb Scott M. Halperin* Joshua Buzz Wehunt Steven Morris Nwa’ndo Ume-Nwago Patricia McKenzie John Hammond Jordan Whitaker John Murray Jeff Upshaw John Miles Michael Hill Justin Wyatt Sherry Neal Rex Veal Andy Morgan Douglas A. Hill* Key A. Wynn Courtney Newman Lindsay Verity Raina Nadler Kathryn Hinton* Jeff Nix Monika Vyas Scott Jennifer Neal-Jones James D. Hogan* ATLANTA LEGAL AID Nwa’ndo Ume Nwago Kathryn Wade Patricia O’Kelley Soo Hong SOCIETY HEALTH LAW Jen O’Connor Renae Wainwright Donald Osborne Montoya M. Ho-sang* PARTNERSHIP Melissa Oellerich Suzanne Wakefield Shawn Owen Randall Hughes Alpharetta Johnston Oppenheimer Caryn Wang Nathan Powell Leslee Hungerford Sara Adams Pandora Palmer Charles Wardlaw Steven Reilly Elizabeth Jabaley Shalamar Parham Erin Watstein Sumner Riddick II Wesley C. Jackson Atlanta Wes Pickard Teresa Weiner Carlton Rouse Adam Keeting Tala Amirfazli* Mindy Pillow Meghan Wells Ashley Scarpetta Dina Khismatulina C. Reid Barrineau Rachel Platt Kaitlyn Whiteside Candace Sneed Daryl Kidd Aisha Slade Broderick Leon Pomerance Jennifer Whitten Deana Spencer Maddy Kvalhim Terry Bushell Elizabeth Pool O’Neal Sherri Wilcox Keisha Steed Steve Kwon Kelsie Cross Maritza Ramos Che Williams Mark Stuckey LindseyLaForge Ashby Kent Fox* Marilyn Ratzel Tiffany Williams Melanie Thompson Brian Lake Alicia Gant Brittney Raway Mark Windham Charles Tingle Luke Lantta* Yolanda Johnson Daniel Reach Maritza Winfunke Nelson Turner Diana LaRoss Kwende Jones Tom Reilly Juli Wisotsky Mark Wells Raquel Leibovitch Rhonda Klein Darrell Reynolds Kevin Young John Welsh II Dawn Levine* Laurice Rutledge Lambert* Piara Rich Jeff Zachman Michelle Wilson John Lippincott James McCarten* Sally Ridenour Fred Zimmerman Crystal Wright Austin Lomax Courtney Newman Elizabeth Rose Kristy Zimmerman Emily Yost Roderick H. Martin Charles Ruffin Jon Rosenthal Joseph Zdrilich Samantha Megan Kinette Salter Howard Rothbloom DeKalb McClinton JoAnna Smith Charles Ruffin Glenda Cucher* Marietta Brad McDonald Elizabeth Spivey Dean Russell Gary LeShaw Kyra Abernathy* Terence O. McGinn Monica Vyas Scott Margaret Ruthenberg- Lois Shingler Valentia P. Alleyne Janne McKamey Marshall Laura W. Anderson* Leah Fiorenza McNeill* Decatur Kinnette Salter Lawrenceville Brian M. Annino Carl Lawrence Meyer Laila Kelly Arlene Sanders Lisa Baggett James Ausenbaugh* Lawrence Meyer Tim Schwarz Tim Schwarz Cha’Ron Ballard-Gayle Neera Bahl* Jody Miller* Dawn Smith Jewel Scott Faith Barrett-Hill Kyle Baker Lorette Mitchell*

2017 JUNE 61 Douglasville Waycross Jasper MACON REGION Sandersville Valerie Gordon John T. Bolden Cortney M. Stuart* Mary McKinnon Decatur Huey W. Spearman Tawanna Morgan Lawrenceville Lafayette Smyrna Torin Togut* COLUMBUS REGION Keith W. Edwards* E. Mark Stephens Dublin Columbus Edward Claxton Norcross Nazish Ahmed Ringgold Warner Robins Meredith Hilton William Arey Lawrence A. Stagg* Christine Cruse Fort Valley Jacob Beil Donna Culpepper Jocelyn Daniell Roswell America Cross* Rome Terry Everett Jerry Chappell Tina Dufresne John Finley Niedrach* Danielle Hynes Forsyth Richard Flowers W. Terry Haygood Jr. James Patterson Gail Charlene Robinson GEORGIA LEGAL SERVICES Walter Fortson* PROGRAM, INC.® Susan Henderson PIEDMONT REGION Rossville Macon Kelli Hooper Ann E. Willard Fiddler* David Addleton Atlanta ALBANY REGION Ronald Iddins* Christopher B. Rawls Jonathan Alderman Jennifer S. Adams Albany W. Luther Jones Carson A. Royal M. Farley Andersen Mario Lee Adkins Gregory A. Clark* Paul Kauffmann* Joseph E. Willard Jr.* Nancy Atkinson Stephanie C. Anderson* Cawthon H. Custer* Valerie Long* Brittany Bennett Virginia C. Arnold Gail D. Drake* Elizabeth Morgan Trenton Robert A. Berlin Federick V. Bauerlein James N. Finkelstein* Melissa R. McAllister* John R. Emmett J. Phillip Bond* Tamorra A. Boyd* Alexander H. Hart* Susie McCathren* Arrington Brown Torris J. Butterfield Kimberly D. Lamb Steven Ray* GAINESVILLE REGION S. Phillip Brown* Charles Clapp* Thomas G. Ledford* Richard Thomas Tebeau* Athens David Bury Gregory Robert Clement* William E. Mitchell IV Shevon Sutcliffe Thomas Courtney Davis William J. Camp Dale R. F. Goodman Larry B. Owens Taymond Tillery* Freddrell R. Green Ivy Cadle Richard Green II Robert Pate Turner III Kent Silver* Edward Claxton Richard B. Herzog Jr. Valdosta Joseph Wiley Jr.* Michael Devlin Cooper Jennifer A. David E. Mullis Dorothy Williams Atlanta William Davis Kennedy-Coggins Burke H. Sherwood Robert Wilson* Dana Tucker Davis James Freeman* Alycen A. Moss Katonga L. Wright Emmett Goodman Jr. Shalamar J. Parham AUGUSTA REGION Buford M. Todd Hampton JoAnna J. Smith Augusta DALTON REGION Marion Ellington Jr.* Jennifer Haskins* Derick C. Villanueva Kahlim Barclay* Blue Ridge Kevin Hicks Charles Nicholas Wardlaw* H. Brannen Bargeron* Angela Stewart DeLorme* Clarkesville A.G. Knowles* James Edward Enoch Jr.* Douglas L. Henry* Kyle Krejci Carrollton Stewart Earl Fisher* Calhoun Timothy L. Lam Jennifer A. Certonio Eric Joseph Garber* Jeffrey E. Clements Cleveland Robert Matson* T. Michael Flinn David Stephen Klein* Jesse L. Vaughn* Raymond L. Crowell David McCain Kurt Talmadge Lawton* Veronica McClendon* Cartersville Omeeka Pinkston Loggins* Cartersville Cornelia Benjamin McElreath Marc Avery Clark II Katrell Nash* Khristie L. Kelly Susan Clark Campbell Collier McKenzie Joshua D. Earwood Dana Eller Niehus* Leslie Vaughan Simmons William H. Noland Jason A. Johnson Lauminnia Freliza Nivens* Cumming John D. Reeves* Anthony N. Perrotta Dempsey Clay Ward* Dalton Kathryn N. Hedden Sharon Reeves Leslie V. Simmons Christiane Cochran Bard* Tera Reese Beisbier* Jeff Rutledge BRUNSWICK/ Jennifer D. Baxter Putnam C. Smith* Ross Schell* Cedartown WAYCROSS REGION Susan W. Bisson* Margrett H. Skinner Brad J. McFall Alma Tommy D. Goddard* Gainesville Jenny Stansfield William T. Edgar Michael D. Hurtt* Susan D. Brown Kim Stroup* Conyers Robert D. Jenkins Sr.* Thomas D. Calkins* Stephen Swinson Michael G. Geoffroy Brunswick David W. Johnson Clair W. Langmaid Jr. Joy Webster John J. Martin Jr. W. Douglas Adams* Todd M. Johnson* Brittany R. Poole Connie Williford Albert A. Myers III W. Douglas Alexander* Jerry W. Moncus T. Wesley Robinson Martin Wilson John A. Nix Doree R. Avera* Jessica Oliva Cindy S. Stacey Mary Beth Boone* Deborah H. Peppers Sherri L. Washington Jefferson Lizella Kirk Andrew Carter* G. Brandon Sparks* Juli Wisotsky Kathryn Thompson Melissa R. Cruthirds* Joel P. Thames Covington Lacey Lee Houghton Henry C. Tharpe Jr.* Michael G. Geoffroy Monroe Milledgeville Jacob P. Kitchen* Joye Thomas Wills Stephen L. Noel Laura Burns John Strauss Stacy L. Patrick Brian D. Wright* Blanton Linggold William M. Waters Thomas E. Ray* Suwanee Paul A. Schofield* John V. Hogan Ellijay Perry Dallas Britton A. Smith* Rebecca Brackett Kendrick* LaToya Bell Jana L. Evans Kayann Hayden West* Woodstock Ronald Daniels Ana M. Rountree* Teri L. Brown Martin E. Valbuena Steven M. Campbell

62 GEORGIA BAR JOURNAL Dalton Peachtree City Suzanne Alford Debbie Brown Josh Diggs Robert D. Jenkins Sr. Anne S. Myers* Jackson Allen Pamela Brown Bosley Isaac Dolgovskij Karen C. Gainey Mitchell Allen* SoRelle Brown* Dylan Donley Decatur Dinah L. Rainey Stephanie Allen-Wang Bryan Brum Kelsey Donnalley* Donald S. Horace Sheila L. Rambeck Chad Almy* Joe Bryan Mindy Doster* D. Elizabeth Amy Andrews* Marquetta Bryan Melloney Douce Douglasville Williams Winfield Christopher Anulewicz Joann Buck Lisa Dow Scott K. Camp Chris Arbery Jennifer Bunting-Graden Will Downs Robert A. Chambers* Rome Alan Arnold* David Burch Matt Drain LeAnne P. Cooper Larry J. Barkley Suzanne Arpin Vance Burgess Alison Drane Waterson Shirnelle Council Jill S. Salter Tina Bacce Emily Burkhardt Vincente Stephanie Driggers Christy E. Draper Umar Bakhsh Jennifer Burns Alex Drummond Robert J. Kauffman Smyrna Anita Bala Scott Burton Michael Dubus Sherri E. Kelley E. Mark Stephens Chris Balch John Bush Douglas Duerr Corey B. Martin Adam Balthrop Amanda Busse Todd Duffield Sheena McShan Stockbridge Branden Baltich Patty Butler Pete Duitsman Donald E. Pollard Jr. Michelle R. Clark Maria Baratta Toby Butler Robert Dumbacher Darryl L. Scott Samantha Barber Adrienne Byrdsong Julien Dumont Fayetteville Lou Barbieri Ian Calhoun Bob Edwards Philip S. Coe Faye Barbour* Petra-Kate Califano Scott Edwards Austin F. Harper Gail S. Baylor Kathleen Bardell Colony Canady Arielle Eisenberg* Sharon I. Pierce Cory Barker Timothy Carlton Rob Ellis SAVANNAH REGION Ben Barkley* Hunter Carpenter Lacey Elmore Griffin Dorothy Courington* Rupert Barkoff David Cartee Daniel Englander G. Alan Dodson Graham Cunningham* Alex Barnett Jenny Case Gale Evans Charles D. Jones Harry Dixon* Valerie Barney Scott Casey Marianna Faircloth Lisa D. Loftin W. Fields Karime Vergueiro Barry Brittany Cassell Raway Elizabeth Faist Martha Hall Brett Bartlett Christopher Chan Paul Fancher Hiram Stanley Harris Jr. Dan Baskerville Michelle Chastain Rebecca Farber Holly Cohen McMurray Kimberly Harris* James Bates Guinevere Christmann Jimmy Faris Angela Woodall Stephanie Kemp* Shannon Baxter* Anthony Cianciotti Jennifer Feld J. Stephen Lewis Alison Bazinet Alex Clamon Eric Fenichel Kennesaw Amanda Love Quinton Beasley Sheandra Clark Genny Ferrero Terence J. O. McGinn Heather Lundy Natalie Beasman Kristin Cleare Chris Fischer Megan Manly* Andria Beeler-Norrholm William Cloherty Jeffrey Fisher LaGrange Melanie Marks* Ryan Behndleman Rusty Close* John Fleming W. Luther Jones Quentin Marlin Andrew Belisle Jamie Cohen Jason Fletcher Wesley T. Leonard Kirsten McDonough* Brooke Belisle Kitty Cohen Winston Folmar Lorenzo Merritt Kate Bell Jim Coil Nancy Fonti Lithonia Kelly Miller Locke Bell Hali Cole Nick Foreste Anita M. Lamar Shari Miltiades Lucero Bello Sarah Colley Erin Fortney* Jerold Murray* Frank Benjamin Jay Collins Gregory Fosheim Marietta Tracy O’Connell Kwame Benjamin Andy Cooper Kenneth Fowler Marlys A. Bergstrom Virginia Patterson* Robert Benson Philip Cooper Lynn Fowler Diane Cherry Susannah Pedigo Todd Benson Jeremy Corcoran Sharon Fowler Carrie C. Fieldler David Purvis* Mary Benton Matthew Couvillion Joseph Fowler* Francesca Rehal* Erica Berg Brennan Elliott Coward Rachel Fox Weitz* McDonough Kran R. Riddle* Jason Bernstein* Shannon Cox Peter Fozzard Emmett J. Arnold IV Christopher Rouse Cassandra Best Anne Cox-Johnson Michael Francesconi LeAnne P. Cooper Bryan Schivera* Jamie Bischoff Patrick Coyle Meredith Francis Leslie A. Erwin Peter Sikorsky Matt Bobb Kristin Crall Julie Franki* April Lash* Christopher Smith Laura Bogan* Travis Cresswell Katelyn Fredericks Pandora E. Palmer* Julia Sullivan Brennan Bolt* Robert Crewdson Joe Freeman* Megan M. Pearson* Julie Wade* Lanchi Bombalier Landon Crider Craig Friedman Rosalind M. Watkins* Joshua Walker* Andrew Booth* Zachary Crowe* Jeff Friedman* Adam Walters* Emily Borna Austin Dailey Creighton Frommer Newnan Wiley Wasden Teri Bouchard Jan Davidson* Tina Galbraith Gooch Emily C. Gross Shayna Bowen Carl Davis* Tarrah Gales Walter S. Haugen PRO BONO PARTNERSHIP Andrea Bowman Setareh Davoudzadeh Brian Galison* Lanicia M. Williams OF ATLANTA Tamorra Boyd Jenn Deal Arthur Gambill Sammie M. Mitchell Noelle Abastillas Alison Boyer Michael Deaton Brian Gannon Doris C. Orleck Jeff Adams Kevin Bradberry Candice DeCaire Erika Gardner Lisa R. Reeves Nicole Adolphus* Jared Brandman* Abreen Delawalla Edwin Garrison Stephanie Aferiat Laura Brickell Michael DelGaudio Rudy Gelly Oxford George Akers Briley Brisendine Lucas Deloach Crystal Genteman Gloria B. Wright John Alden* Richard Brody Megan Demicco Richard Gerakitis Kamla Alexander Bess Brown Kristin Dial David Gevertz*

2017 JUNE 63 Alisha Gibson Trinh Huynh Brian Leslie Julie Murphy Damany Ransom Jonathan Giesen John Hyman Pamela Lina Tim Murphy Marilyn Ratzel Chris Gilmore* Stacy Ingram* Monique Lister Yasmine Murray Kristin Ray Jade Gilstrap Adam Israelov Richard Litwin Todd Muse Alla Raykin Neil Ginn Kandis Wood Jackson Jonathan Loegel Alison Musto LeVasseur Dara Redler Kelly Giustina Elizabeth James Carole Loftin Tiana Mykkeltvedt David Reed Jeff Glaser Hill Jeffries Ivor Longo Garrett Nail Erin Reeves McGinnis Kacy Goebel M. Hill Jeffries Tywanda Lord Aimee Nash Garland Reid Jennifer Goldstein Amy Jensen Shane Lord* Forrest Neal Gavin Reinke Brynne Goncher Matthew Joe Mary Loudermilk Bill Needle John Renaud Lauren Gordon James Johnson David Lowance Yendelela Neely Anderson Brad Resweber JJ Gotlieb Louisa Johnson Sarah Loya Stuart Neiman* Rhona Reynolds Thomas Gould Tonya Johnson Alfred Lurey Matthew Nesbitt Eric Reynolds* Brooke Gram Michelle Johnson* Glenn Lyon Monica Newsome Joshua Richey Alexandra Greene* Alison Jones Lauren Tapson Macon Jeffrey Nix Steven Richman Lauren Gregory Beth Jones Eric Magnus Nwakaego Nkumeh Lynleigh Richwine Matthew Gries* Christina Jones Meghan Magruder Larry Nodine Len Riepe John Griffee* Russell Jones Olivene Makerson Amanda Norcross Tim Rigsbee Daniel Griffin Benjamin Joseph Yancey Alissa Malone Tunrola Odelowo Chris Riley Betsy Griswold Sarah Jurkiewicz Dara Mann Mary Beth O’Donnell Maria Rivera-Diaz Katia Grow Fareed Kaisani Jennifer Manning Latif Oduola-Owoo Madison Roberts Jennifer Gruber Jane Kamenz Michael Mannino Kara Ong Gloria Robinson Robert Grue Lawrence Kasmen Flora Manship Shayne O’Reilly Bill Roche Anthony Guebert David Katz Michelle Marchiony Megan Orme Ami Rodrigues Holly Guest Adam Kaye Kim Marchner W. Scott Ortwein Candace Rodriguez Gail Gunnells Ramsey Kazem* Anne Marie Garavaglia Abi Oyegun Kathleen Rodriguez Mace Gunter Adam Keating Scott Mario Ellen Padesky Maturen Robert Rodriguez Michael Gurion Stacey Keegan Brooks Marro Austin Padgett Daniel Rollman Shay Hable Amanda Kelley John Martin Kellee Padgett Alan Rosselot Jeffrey Haidet Jack Kennedy Lillian Martin Jessica Paletsky* David Roth Anna Halsey Steven Kennedy Lori Maryscuk Angie Palmer Paul Rothstein Benjamin Han Dorian Kennedy* Lorie Mason* Suzanne Palms Alexandra Royal Eric Hanson Corbin Kennelly* David Mayo Shequitta Parker Cindy Ruback Christopher Harris Michael Kerman Melana McClatchey Aaron Parks Val Rusk Jeffrey Harrison Thomas Kesler Catherine McClellan Nick Passarello Ben Russell Alan Hastings* Nicole Kibert Teri McClure Hanish Patel* Suzanne Russo Kathryn Hauch Valerie King Kristen McDermott Mike Pavento* Jessica Rutledge Watson Heather Havette* Michael Kline Woodrum Peter Pawlak Elizabeth Ryan Whicker Kimberly Haynes Amy Kluesner Ann-Marie McGaughey Kelly Payne Lorraine Sanchez Hayes Alex Heaton Maritza Knight Winfunke Jim McGibbon Susan Perrilloux Billeaud Eric Santos Linda Henry Rob Kohse Matt McGrath Luanna Petti* Lee Anne Sapp Michael Henson Jamie Konn Douglas McKay Diane Pettit Holden Anna Saraie Regan Herald Trenton Kool Darla McKenzie Elaine Phifer Duncan Sawyer Melissa Hernandez Jana Korhonen Lisa McKenzie Laura Phillips Ryan Schneider* Anne Hicks Jill Kuhn Maya McKenzie Timothy Phillips* Coleen Schoch Amanda Hiffa Nancy Kumar* Rick McMurtry* Elizabeth Philp Devin Schoonmaker Jennifer Hill Matthew Laflin Christina Meddin Karen Pinsker R. Michael Schreiner Mitzi Hill Salomon Laguerre Cara Melenyzer Alyson Pirio Brad Schweizer Carolyne Hilton Charles Lamar Laura Mendelson Tracy Plott Billy Scott Michael Hobbs Jr. Chris Lang Anton Mertens Frank Podesta* Kimberly Scott Ingrid Hogan Ryan Langel Gavin Meyers William Ponder Jordan Seal Susanne Hollinger Rob LaPorta Alexa Miller Evan Pontz* Linda Seal Gaylon Hollis* Amelia Las Heras Dan Millman Alan Poole Anu Seam Christina Hong Nguyen Jenna Lasseter Austin Mills Marcus Powers Jared Seff Alton Hornsby Latrice Latin John Mills* Nancy Prager Suhail Seth* Jenny Horrigan Bettina Latrice Dennis Brian Mink Don Prather George Sewell* Montoya Ho-Sang Branson Lee Sara Mizell Towne Steven Press* Rebecca Shanlever Brent Houk* Carol Lee Stacey Mohr Chadwick Preston Rowland John Sharpe Tamaron Houston* Lansing Lee Jeffrey Mokotoff Kier Prince* Meredith Shaughnessy* Jason Howard Mike Lee Angela Monroe Nick Protentis Garnetta Sherrell Heather Howdeshell Isabella Lee* Shoshone Moore- Diane Prucino Evelina Shpolyansky Matthew Howell* Rick Lehrer Abdulkariem Alan Pryor Suneet Sidhu Gautam Huded Lucy Lei Bill Morlan Terri Purcell Toronda Silas Stephanie Hudson Kathryn Lemmond Kevin Morris Brian Quinn Meredith Silliman* William Hudson Kurt Lentz Neil Mulcahy* Kathy Radde Bill Silverio Anna Humnicky Jim Leonard Kevin Mullen Robbin Rahman Mindy Simon

64 GEORGIA BAR JOURNAL Alexis Simpson Alyssa Walker Catherine McClellan JoAnna Smith SAFE & STABLE HOMES Carney Simpson Michael Wall Daniel Murphy John Sharpe PROJECT AND DOLLARS Leah Singleton Alexander Wang Mary Alexander Myers Jonathan Anderson FOR JUDGMENTS PROJECT David Sirna Timothy Wang Sarah O’Donohue Jonathan Levine Atlanta Gregory Skip Smith Brent Wasser Erik Olson Joshua Swiger Jean Abreu Katy Smallwood Matthew Webb Hermise Pierre Julia Hill Jamie Agnew Rian Smith Sara Weed Jill Pope* Kaeley Russo Ichechi Alikor Sue Smith Neal Weinrich Angela Ramson Katrina Hodges David Anderson Samantha Smith Lewis David Weinstein Cameil Reddick* Kenneth Franklin* Franchele Anderson* Kathy Solley Margaret Welch William Reeder* Kristyn Seidenberg* Jonathan Anderson Ted Solley Lucas Westby Valerie Sanders Kyla Lines Shackire Anderson Lesley Solomon Jonathan White Mark Silver Laura Bunten Ross Andre Adam Sonenshine Marie Wilcox Jennifer Simon Laura Holland Sclafani Vincent Justin Arpey Thomas Spillman Gerry Williams Evanya Stevens Lindsey Marie Hacker Sabrina Atkins Angelo Spinola Jimmy Williams Richard Storrs Lyla Newberry Bradley Germaine Austin Patrick Spook Kyle Williams Joshua Swiger* Margaret Ruthenberg- Sada Bâby Melissa Sprinkle Todd Williams Shofaetiyah Watson* Marshall Thomas Backes Rhonda St. Phard Geri Williams* Evon Williams Maribeth LaScala Jennifer Banks Joe Staley Brent Wilson Melissa Conrad-Alam Francisco Balderas Clifford Stanford Delbert Winn* ATLANTA VOLUNTEER Melissa Strickland Alison Ballard Jack Stapleton Amanda Witt LAWYERS FOUNDATION Meredith Kincaid Katie Balthrop David Steele James Wolf Meredith Rainey Permar Paul Barsness Mike Steele Cristiane Wolfe SAFE AND STABLE Morgan Morrison Eric Barton* Parker Stephens* Kevin Wolff FAMILIES PROGRAMS Nicholas Panayotopolous William Barwick Crystal Stevens McElrath Steven Wong Atlanta Nicola Rochester Robinson Nancy Baughan Tanesha Steward Angie Woo Adam Monich Patricia Dee Shewmaker Braden Beaudreau Petra Stewart Rebecca Woods Adian Miller Phillip Parham David Bersinger David Stewart* Sharae Wright Allison Averbuch* Pilar Whitaker Cassandra Best Jacob Stewart: Key Wynn Amanda Cusick Quintin Jamal Lewis Sharad Bijanki Bo Strauss Chuqin Xing Anastasios Manettas Ramona Condell Mitchel Blanchard Matt Strumph Alex Yacoub Andrea Bilbija Rebecca Hoelting Seth Bloomfield Andrew Stulce Charles Yates III Andrew Ellis Rebecca Lunceford Tamorra Boyd Bob Stupar Kevin Young Anne Marie Jordan Regina Edwards* Michael Breslin Erica Svoboda Paul Yu Antoinette Duck Richard Farnsworth* William Brewster Robert Swanton Jeff Zachman April Stancliff Robert Curylo Benjamin Briggs Robert Swartwood II Ashley Heintz Robert Watts Charley Brown* Andrew Swindle TRUANCY INTERVENTION Ashley Wine Sam Bruner Marquetta Bryan Juliet Sy PROJECT Audrey Bergeson Sarah Cash S. Kent Buis* Kimberly Tacy Hunsucker Atlanta Bethany Rupert Savannah Steele Charlene Burton Ramtin Taheri Michelle Arrington Bidisha Idnani Stacey Mohr John Bush Elaine Tapp Adwoa Awotwi* Brandy Alexander Stephanie Hudson Christine Butcher Robyn Taylor Anne Barnes Bryan Ward Steven Cayton* Ben Byrd Jill Termini Terrell W. “Chip” Benton III* Charles Wardlaw Traci Weiss Brittany Cambre Dené Terry Jay Bland Christopher Withers* Walt Davis Caitlin Cameron Kristina Thomas Keasha Ann Broussard Danielle Barav Johnson Kathleen Campbell Warren Thomas Elizabeth Brown David Cheng* Decatur Richard Caplan Lisa Thomason Shaterica Brown David Gouzoules Aisha Blanchard Collins Trinity Car Logan Thore* Fred Bryant* Debra Segal* Jeffrey Cashdan Marion Tilson Victoria Carlton-Sadler Edward Bonapfel Grayson Yu-hsuan Chang Michael Tippett Christopher Cogburn Elizabeth Finn Johnson* Teresa Klein David Cheng Maria Todorova Derin Dickerson Emily Welch Shameka Clair Buddy Toliver Angela Duncan Emily Yu* Marietta Matthew Clarke Rayne Towns Katherine Dunn Erik Chambers Stephanie Biddle Gregory Clement James Trigg Glen Fagan Farley Ezekiel Zakiya Watson-Caffe Jared Cohen Joshua Tropper William Fletcher Gary Alembik Keisha Coleman Anna Twardy April Hall Gregory Clement Phoenix, Ariz. Kelly Colovos Michelle Tyde Rebecca Hall Gregory Miles Coleen Schoch William Compton Michael Tyler Joshua Harris Hannibal Heredia Melissa Conrad-Alam Kabir Uddin Erica Harris Arnold James Gober* Charlotte, N.C. Chris Corbett Jeff Upshaw Andrew Hatchett James J. McGinnis Samantha Hayes Barber Shannon Cox Puja Vadodaria Moore-Moses Ibekwe Jeanette Holmes Vickie Chung* Trich Van Gorder Kandis Jackson Jed Silver Niaa Daniels Danielle Vega Scott Jarvis Jennifer Deal* Darryl Davis* J. Danny Vincent Michael C. Jones Jennifer Noland Rathman Jennifer Deal Scott Wagner Colin Kelly* Jesika French Scott Delius Lesley Wainwright Robert Mack* Jessica Casey Daniel Delnero

2017 JUNE 65 Lucas Deloach Bradley Hull Robin McGrath Frederic Rushing Henry Warnock Akash Desai Juliet Idemudia Miltresa McMichael Bailey Sabulis Jane Warring* Audra Dial Hannah Jarrells* Melanie Medalle Justin Saxon Mark Wasserman Francis Dixson Amy Jensen Amelia Medina Sarah Schrag Shofaetiyah Watson Gerald Domescik Brandy Johnson Marie Meltzer Margaret Scott Brian Watt Charis Dorsey Daniel Johnson Jenny Mendelsohn Stephen Scriber David Weinstein Ana Dowell Elizabeth Finn Johnson Mary Marshall Meredith Jennifer Shelfer Jared Welsh Alexander Drummond Michael Emmett Johnson Rebecca Merrill Jannette-Ann Shockley* Pilar Whitaker Daniece Dyett* Tiffany Johnson Adian Miller Kristina Sick Kaitlyn Whiteside Uche Egemonye Christie Jones Heather Miller Charlene Silver Jason Wiggam Nneka Egwuatu Sarah Jurkiewicz Stacey Mohr Timothy Silvis Thornell Williams Jr. Arielle Eisenberg Benjamin Kandy Neil Mulcahy Audrey Simmons* Yvonne Williams-Wass Antoinette Ellison Morgan Kauffman Trevor Newberry Matthew Simmons Robert Windham Daniel Englander Aamir Kazi Mark Newman Shawn Skolky Knox Withers Joseph Englert Sarah Kelsey Adam Ney Alex Smith Daniel Wright Michael Eshman Corbin Kennelly Kerry Nicholson Alexandra Smith Chuqin Xing Seth Evans Kimani King Carl Nickens Andrew Smith Jonathan Yi Zachary Eyster Troy Kleckley Christus Nikitas Courtney Smith Farley Ezekiel Ethan Knott Jeffrey Nix Gregory Smith GEORGIA ASYLUM & Marianna Faircloth Ramsey Knowles Coby Scott Nixon JoAnna Smith IMMIGRATION NETWORK Denise Farrior Elisa Kodish Koji Noguchi William Smith Yendelela Anderson John Fleming Thad Kodish Christina Nosari Candace Sneed* Melissa Baratian Henry Flemming Andrew Koelz Sherifat Oluyemi William Snider Craig Bernstein Jonathon Fligg Madeleine Kvalheim Olusola Omojokun Parker Stephens Michael Breslin Winston Folmar Sarah LaFantano Gregory O’Neil Kevin Stine Jennifer Burbine Jennifer Forte Melanie Lawson Kara Ong Bradley Strickland Rebecca Curtis Michael Frankson Marlo Leach Phillip Parham Sean Sullivan Kate Gilchrist Brooke French Jennifer Lee Hanish Patel Andrew Sumner Tony Greene Caitlin Frost Jeong-Hwa Lee Terri Patterson Claire Sumner Aliyya Haque Olga Gambini Frank Leli* Catherine Payne Daniel Swaja Christina Hendrix Vivek Ganti Chelsey Lewis Adria Perez Meron Tadesse Alexandra Holland Sarah Geraghty Robert Lewis Ha Pham* Cory Takeuchi Lauren Maro John Gibson* Sean Libby John Phillips John Telford Jr. Amy McCullough Emerson Girardeau III Julie Lierly Jonathan Picard Charles Thimmesch Crystal McElrath David Glustrom Alexa Limeres Frank Podesta Rhojonda Thomas Beth McKee James Gober Ryan Locke Evan Pontz James Thompson Christina Meddin Kacy Goebel Vianney Lopez Bonnie Puckett Kathryn Thompson David Nolen Stephanie Graham Ricardo Lopez Rachel Purcell Trishanda Treadwell Caitlin Pardue Gloria Green Sierra Luckey Kevin Emmett Quirk James Tribble Yane Park Lauren Gregory Alfred Lurey J. Marbury Rainer Matthew Tribble Catherine Payne Irma Griffith-Steele Jessica MacAllister John Rains* Taylor Tribble Kristin Pham Sheenum Gupta Alicia Mack* Kristen Rajagopal Courtney Tucker Josh Portnoy Suneel Gupta Renesha Madison Seema Reddy* Cheryl Turner Vera Powell Sidney Haskins S. Wade Malone Benjamin Reed Anna Twardy Meghan Rachrod Katherine Hausmann Anastasios Manettas William Repko Esther Tyde Thomas Reilly Shawntel Hebert* Corey Manley Alexander Revell Kabir Uddin Holly Saporito Ashley Heintz Barbara Mattes Sadji-Roxana Richardson Mark VanderBroek Ama Saraie Allen Hendrick Thomas Mazziotti Andrew Rosenzweig Danny Vincent John Sensing JB Hilliard* James Martin Latisha Roebuck Angela Waldrop Mike Shanlever William James Holley II Adam Masarek Jasmine Rowan Chiaman Wang Caitlin Shelter Atteeyah Hollie Kaivon Mayberry* Rebekah Runyon Charles Wardlaw* Tamaron Houston Brooke Werner McEckron James Rusert* Jacob Ware

STATE BAR OF GEORGIA We can help you do pro bono! • Law practice management support on pro bono issues PRO BONO • Professional liability insurance coverage • Free or reduced-cost CLE programs and webinars • Web-based training and support for pro bono cases RESOURCE CENTER • Honor roll and pro bono incentives Visit www.gabar.org/www.GeorgiaAdvocates.org

66 GEORGIA BAR JOURNAL Do more than “like” it.

"For young lawyers, fifty hours of pro bono a year is easy: I watch one less Netflix show Friday night, or wake up one hour earlier on Saturday, or have one less drink on Sunday Funday, and spend that extra time using only my brain to help those who need legal services but cannot afford them. It’s more rewarding – and effective -- than ‘liking’ that warm, fuzzy, good-cause post on Facebook.” — Ellis Liu, Volunteer with Atlanta Bar Association Associates Campaign, Atlanta Volunteer Lawyers Foundation, and Barton Child Law and Policy Clinic.

The cause of justice requires an army of volunteers. Answer the call. Do Pro Bono. Because You Can.

#volunteerstatebarga duejusticedo50.org

*Rule 6.1 Voluntary Pro Bono Public Service: A lawyer should aspire to render at least (50) hours of pro bono publico legal services per year… In addition, a lawyer should voluntarily contribute financial support to organizations thatprovide legal services to persons of limited means. No reporting rules or requirements may be imposed without specific permission of the Supreme Court granted through amendments to these Rules. There is no disciplinary penalty for a violation of this Rule. GBJ | Writing Matters

This installment of “Writing Matters” cally, and ordinarily there is no reason to begins our discussion of how a legal writer present a key fact out of order. So, for ex- Writing may present facts in a variety of legal doc- ample, the factual recitation in a memo- uments. Stated broadly, lawyers face three randum about the negotiation of an oral Matters: decisions with facts: what facts to include, contract might begin: what words to use to convey them and Organizing how to organize them. Obviously, these This lawsuit arose out of the breach issues are intertwined. This installment of an alleged oral contract. Sabbath focuses on the final one: how to organize and Wells in March 2014 discussed the Facts the facts. Even though each decision has whether Sabbath would buy Wells’ its own process and strategies, the choices bright yellow Porsche. That evidence about organization will also implicate de- is undisputed. But Wells testified that Lawyers face three decisions with cisions on what facts to include and what Sabbath agreed in early April 2014 to facts: what facts to include, what words to select to convey those facts. pay $25,000 for the car; Sabbath testi- words to use to convey them and As a general rule, presenting facts in fied they never agreed on price. Wells how to organize them. This article chronological order works well most of the filed this suit, alleging an oral contract focuses on the fi nal one: how to time. This is particularly true in a predic- and seeking specific performance. organize the facts. tive (i.e., objective) office memorandum. BY KAREN J. SNEDDON In the factual recitation of a memo- A chronological recitation of the facts AND DAVID HRICIK randum, after any introductory sentence, is perceived as more objective, and thus generally it is easier for a reader to grasp serves the purpose of that form of writing. facts when the facts are given chronologi- Yet, presenting the facts of the matter at PHOTO BY ISTOCK.COM/NIXKI

68 GEORGIA BAR JOURNAL hand in chronological order is not the only parked truck. Thus, Defendant Smith been to downtown Macon before, time to use time as the organizing prin- ran the red light, and—never even ap- and remembered being lost, of being ciple for conveying facts. For instance, plying his brakes—collided with Peters, unsure which road to take, and of the if a memorandum requires an extended causing severe injuries for which she truck that blocked the lane, and how discussion of a precedential case, describ- has filed this suit. it looked as if the driver was about to ing the facts of that case in chronological jump out of the truck into his lane, and order is generally the most effective way. Example 2. Every week, Smith made that had caused him to look away from Although time is ordinarily the best an early morning delivery to Jen’s the road, and the light. organizing principle for discussing facts Flower Shop. Smith had been doing of both the matter at hand and any prec- this for 30 years. It was routine. He al- Did you notice that in the second ex- edent in need of extended discussion, it ways arrived well before traffic backed ample, we do not know why Smith ille- is not always so. This is particularly true up, typically before 7:30 in the morn- gally parked his truck until near the very in persuasive writing. In that context, the ing, just as Jen arrived. Although the end of the recitation of facts? This sort arrow of time that physicists say every- load was bigger that morning—it was of non-linear “cliff hanger” construction thing must follow is not always the most just before Valentine’s Day—the rou- may be useful to garner sympathy or keep effective means to communicate. Non- tine was the same: park in the spot the reader engaged (even if the facts are linear discussion of facts can be power- reserved for unloading, get the boxes probably of no legal consequence!). The ful, more efficient or both. The key is to in, exchange pleasantries with Jen and story in the second example also begins know when that is so. move on to the next stop. at a point far earlier, and includes a lot When making this decision, consider This day had been different. of irrelevant facts. Even though those the options. Facts can be organized in sev- On that day, as usual, Smith was in facts may be “irrelevant” (i.e., not le- eral ways besides chronologically, includ- the back of his truck putting boxes on gally dispositive), these facts cast Smith ing: (1) generally chronologically, but with the hand truck to unload them. But to- as someone more than the “defendant non-linear exceptions, (2) topically or (3) day, he was working as fast as he could who illegally parked a truck that caused using a combination of those approaches. to unload the last few heavy boxes of a wreck.” That is what the plaintiff and Here, for example, are different ways to glass vases for Jen. He was hurrying the other defendant want him to be. The describe a simple car wreck. Suppose the because, just a few minutes earlier, he same is true for the third example, which plaintiff, Peters, has sued two defendants— had been forced to double-park. He starts after the accident occurred, and so Smith and Jones—for injuries from a car had never done that before. minimizes the wrongful act and tries to wreck. One allegedly ran a red light, and Just as he put the last heavy box onto humanize the person who appears to be the other was illegally parked. Depending his hand truck—after 30 years, his back the most culpable, the driver who ran the on the sequence of events and the purpose and knees were not what they used red light. of the writing, it may be more effective to to be—Smith was startled by the rac- How to organize facts will turn on the avoid chronological discussion. ing engine of a car careening around purpose of the document and the par- For example, the next three passages his truck. Almost immediately, Smith ticular discussion. While ordinarily time describe the same basic car wreck. The heard a loud crash. Fearing the worst, is the best organizing principle for facts, first is presented in chronological order, Smith jumped out of the truck, and the key is to be deliberate and, when us- the second with a non-linear structure looked ahead and saw the wreck. He ing non-linear presentations, to carefully and the third in reverse chronological rushed toward the still-steaming cars. structure the statement of facts, using order. Each also illustrates choices about At that moment, he realized that the thesis sentences, good paragraph struc- what to include or omit, and the impor- car that had raced around him was the ture and careful transitions.  tance of word choice. same one that, a few minutes before, had been parked in the spot reserved Karen J. Sneddon is a Example 1. Peters was driving care- for unloading, which is why he had fully as she approached the intersec- done what he had never done before: professor of law at Mercer tion of First and Main. Peters did not double parked his truck. He went University School of Law. know it, but Defendant Jones was to that car first, because that driver speeding—at nearly 60 miles per hour, looked to have suffered the worst in- well above the 35 mph speed limit— juries. He was right. David Hricik is a professor toward the intersection from Peters’ of law at Mercer University right. She could not see that, to her The collision knocked School of Law who has Example 3. written several books and right, Defendant Smith had illegally Jones unconscious, but only for a mo- more than a dozen articles. parked his delivery truck. Apparently, ment. He awoke to see broken glass, The Legal Writing Program at Mercer Jones was unable to see the light be- crumpled steel and another badly dam- continues to be recognized as one of cause of Defendant Smith’s illegally aged car in front of him. He had never the nation’s top legal writing programs.

2017 JUNE 69 GBJ | Professionalism Page

The Committee to Promote Inclusion Commitment to Equality Awards in the Profession honored the recipients Dawn M. Jones, solo practitioner, 2017 of the 2017 Commitment to Equality Dawn M. Jones, LLC, is a former Awards at a special program on May 4 critical care registered nurse and for- Commitment at Georgia State University College of mer senior attorney at King & Spald- Law. These awards recognize the efforts ing LLP. She was recognized for her to Equality of individuals, companies and legal em- community outreach efforts to help ployers who are committed to providing minority law students with mock opportunities that foster a more diverse interviews and resume preparation Awards legal profession for members of under- workshops, and law student retreat represented groups in Georgia. The weekends created to enhance academ- Randolph Thrower Lifetime Achieve- ics and job-seeking performance. In The Committee to Promote Inclusion in ment Award recognizes an outstanding accepting the award, Jones shared her the Profession honored the recipients individual who has dedicated his or her personal story of attending Georgia of the 2017 Commitment to Equality career to these causes. Congratulations State University College of Law as a Awards at a special program at Georgia to all the honorees who have not only non-traditional student and woman State University College of Law. personally and professionally excelled in of color, an experience that motivated BY SHERWIN K. FIGUEROA their practice, they have demonstrated a her to organize those programs. AND AVARITA L. HANSON commitment to promoting diversity in Hon. Willie J. Lovett Jr. (1963- the legal profession. 2017), who was honored posthu- PHOTO BY DON MORGAN PHOTOGRAPHY Recipients of the 2017 Commitment to Equality Awards (front row, left to right) Dawn M. Jones, Sen. Leroy R. Johnson, A. James Elliott and Seletha R. Butler on behalf of Hon. Willie J. Lovett Jr.; with (back row, left to right) Sherwin K. Figueroa, program chair; Derrick A. Pope, co-chair; Joyce Gist Lewis, co-chair; and Avarita L. Hanson, executive director, Chief Justice’s Commission on Professionalism.

70 GEORGIA BAR JOURNAL mously, was recognized for his work fluential African-American entertainers impacting underserved youth as the and athletes in the ’60s, Johnson’s advo- 2016-17 Committee presiding judge of the Fulton Coun- cacy and mentoring opened the doors for to Promote Inclusion ty Juvenile Court and for mentoring many diverse lawyers in the state who young minority attorneys. His wife, ultimately assumed leadership positions in the Profession Seletha R. Butler, also an attorney, ac- and became federal, Atlanta and Fulton cepted the award and shared memories County judges. Sharing with the audi- Co-Chairs of Judge Lovett’s unique spirit of devo- ence the five most meaningful decisions Joyce Gist Lewis tion to serving others and fueling the he has made thus far in his life, John- Derrick Alexander Pope pipeline for future lawyers and leaders son noted that becoming a lawyer and through his judicial office, bar associa- advocating for others was one of his most Honorary Co-Chair tion activities and church engagements. significant choices. Richard H. Deane Jr. The Commitment to Equality Awards Members highlight those among us in the legal Denise L. Allen Randolph W. Thrower Lifetime profession who open doors of oppor- Michelle Arrington Achievement Awards tunity for women and diverse lawyers. Shatoree Bates The Randolph W. Thrower Lifetime The memorable and enjoyable evening, Joshua I. Bosin Achievement Award, the highest honor shared with friends and family of the Jacqueline F. Bunn the committee bestows, is named after honorees, reminds us of the advance- Randolph W. Thrower, the iconic Geor- ments in our profession. Please reach out Constancia Carter gia lawyer who epitomized commitment to the award recipients and thank them Morgan I. Clemons to equality and professionalism. Thrower for bringing out the very best in our Yenniffer S. Delgado initiated the committee’s forerunner—the profession. We also wish to thank our Miguel A. Dominguez Women and Minorities in the Profession sponsors for their generosity and sup- Jana J. Edmondson-Cooper Committee. His legacy of commitment to port of this important event: Sustaining equality and professionalism is celebrated Sponsors—Eversheds Sutherland LLP Lynette D. Espy-Williams through this award. and Nelson Mullins Riley & Scarborough Sherwin K. Figueroa A. James Elliott, associate dean, Emory LLP; Presenting Sponsors—Jones Day Laverne Lewis Gaskins University School of Law, has a legacy and Morgan & Morgan Atlanta PLLC; Kristin L. Hall of leadership in positions that serve the and Firm Sponsor—Shingler Lewis LLC. Avarita L. Hanson community, such as increasing access Send the committee your recommen- Kimberly C. Harris to legal services for minorities and the dations for the 2018 honorees and plan underserved through the Georgia Legal to attend the signature event which will Hon. Amanda Heath Services Program (co-founder), the In- again be held in May. For more details R. Javoyne Hicks terest on Lawyer Trust Accounts Pro- or to become a sponsor, please con- Phyllis J. Holmen gram to fund legal aid (co-founder) and tact Sherwin K. Figueroa at sherwin. Michelle R. Jones the Chief Justice’s Commission on Pro- [email protected].  Robert M. Lewis Jr. fessionalism (co-founder). As State Bar President (1988-89), Elliott created the Kellyn O. McGee Special Committee on the Involvement Sherwin K. Figueroa is an Shaton C. Menzie of Women and Minorities in the Profes- assistant district attorney Stephanie Woods-Miller sion that has evolved into the Committee for the Cobb Judicial Circuit Adwoa Ghartey-Tagoe Seymour to Promote Inclusion in the Profession. and served as the program Toronda M. Silas That committee ordered the first formal chair for presentation of the Donna Coleman Stribling study of gender and racial bias in the legal 2017 Commitment to Equality Awards. profession in Georgia. Throughout his Gwendolyn S. Fortson Waring career, Elliott has constantly promoted Avarita L. Hanson is the Brianna E. Williams women and minority lawyers to positions executive director of the Brenda K. Woodard of leadership in the legal community. Chief Justice’s Commission Sen. Leroy R. Johnson, Leroy R. on Professionalism and was *Special thanks to Sharon Bryant Johnson & Associates, P.C., Atlanta, a 2014 recipient of the and Pauline Childress of the State holds the distinction of being the first Randolph W. Thrower Lifetime Bar of Georgia for their assistance. African-American senator elected in Achievement Award. Georgia since the period of Reconstruc- tion. A civil rights lawyer for many in-

2017 JUNE 71 GBJ | In Memoriam

In Memoriam honors those THOMAS F. FORKNER JAMES MICHAEL KETTLE JAMES R. MILLS members of the State Bar of Norcross, Ga. Atlanta, Ga. Atlanta, Ga. Georgia who have passed Woodrow Wilson College Notre Dame Law School Woodrow Wilson College away. As we reflect upon the of Law (1940) (1993) of Law (1973) memory of these members, we Admitted 1940 Admitted 1993 Admitted 1974 are mindful of the contribu- Died April 2017 Died October 2016 Died March 2017 tions they made to the Bar. JAMES EMMIT HARDY II RICHARD P. KLEIN BRUCE E. MITCHELL Each generation of lawyers is Cumming, Ga. Peachtree City, Ga. Atlanta, Ga. indebted to the one that Woodrow Wilson College University of Maryland University of North precedes it. Each of us is the of Law (1986) School of Law (1975) Carolina School of Law recipient of the benefits of the Admitted 1986 Admitted 1977 (1964) learning, dedication, zeal and Died March 2017 Died March 2017 Admitted 1972 standard of professional Died March 2017 responsibility that those who JAMES C. HILL SAM F. LITTLE have gone before us have Jacksonville, Fla. Dalton, Ga. ALBERT NEWELL contributed to the practice of Emory University School University of Georgia NESMITH law. We are saddened that they of Law (1948) School of Law (1962) Cochran, Ga. are no longer in our midst, but Admitted 1948 Admitted 1962 University of Georgia privileged to have known them Died March 2017 Died April 2017 School of Law (1948) Admitted 1949 and to have shared their DAVID M. HOLLIDAY RICHARD A. MARCHETTI Died February 2017 friendship over the years. Penfield, N.Y. Columbus, Ga. Vanderbilt University Law Emory University School JOSEPH B. POWELL JR. School (1980) of Law (1966) Albany, Ga. JOHN BACHELLER JR. Admitted 1980 Admitted 1966 Emory University School Atlanta, Ga. Died April 2017 Died March 2017 of Law (1958) Emory University School Admitted 1958 of Law (1959) THU TRINH HONG HUYNH CLAUDIA MCCRACKEN Died January 2017 Admitted 1958 Atlanta, Ga. Augusta, Ga. Died March 2017 Emory University School Samford University PHILIP M. REES of Law (2004) Cumberland School of Roswell, Ga. CHARNEY K. BERGER Admitted 2004 Law (2004) University of North Atlanta, Ga. Died April 2017 Admitted 2005 Carolina School of Law Emory University School Died March 2017 (1989) of Law (1968) JAMES V. JOHNSTONE Admitted 1989 Admitted 1967 Blue Ridge, Ga. WILLIAM L. MCMURRAY JR. Died January 2017 Died March 2017 University of Miami Atlanta, Ga. School of Law (1967) Mercer University Walter NICKEY JOHN RUDD JR. ROBERT BURNS Admitted 1975 F. George School of Law Atlanta, Ga. Aurora, Colo. Died March 2017 (1950) Samford University Emory University School Admitted 1950 Cumberland School of of Law (1951) ROBERT ARNOLD Died April 2017 Law (1991) Admitted 1951 KATENKAMP Admitted 2011 Died March 2017 Acworth, Ga. MARA MCRAE Died March 2017 Georgia State University Atlanta, Ga. EDWARD M. BUTTIMER College of Law (1991) Mercer University Walter DAVID MCFADDEN SHORT Savannah, Ga. Admitted 1991 F. George School of Law Antioch, Ill. University of Georgia Died March 2017 (1983) Georgia State University School of Law (1968) Admitted 1983 College of Law (1998) Admitted 1968 ALBERT L. KEMP JR. Died March 2017 Admitted 1999 Died April 2017 Atlanta, Ga. Died December 2016 Georgetown University JAMES CORNELL MILLER LEO W. CLIFTON SR. Law Center (1977) Orlando, Fla. YAKOV DMITRIEVICH Temple, Ga. Admitted 1985 Georgia State University SHTEYMAN Woodrow Wilson College Died April 2017 College of Law (1993) Atlanta, Ga. of Law (1968) Admitted 1993 Georgia State University Admitted 1969 Died August 2016 College of Law (2008) Died February 2017 Admitted 2008 Died April 2017

72 GEORGIA BAR JOURNAL OBITUARIES

WILLIAM BECK SIMPSON Atlanta, Ga. James Clinkscales Hill, senior Thu Trinh Hong Huynh, 40, of judge, 11th Circuit Court of Appeals, Atlanta, died in April 2017. University of Georgia died in March 2017. He was 93. Born in Saigon, Vietnam, Trinh School of Law (1972) Admitted 1973 Born in Darlington, S.C., on Jan. Huynh and her family escaped in 1979 Died April 2017 8, 1924, Hill attended the Universi- on a boat. They were able to make it to ty of South Carolina for three years a refugee camp in Indonesia and from MICHAEL N. SOUCY before joining the Eighth Air Force in England there, connected with family in Georgia. While at- Alpharetta, Ga. during World War II, serving in the 390th Bomb tending Gainesville High School, she was the Student Mercer University Walter F. George School of Law Group as a cryptographer. After the war, he en- Council president and graduated third in her class (1998) tered Emory University Law School, graduating with honors in 1994. She attended Princeton Uni- Admitted 1998 in 1948 and joining the Atlanta firm of Smythe versity, graduating in 1998 with a Bachelor of Arts Died April 2017 Gambrell. He founded Hurt, Hill and Richardson in History. Following graduation, she spent a year in in 1963 and worked primarily as a defense trial Vietnam teaching students English with the Princeton JULIAN H. TOPOREK Savannah, Ga. lawyer until he was appointed a federal district in Asia program. In 1999, Hong returned to Georgia University of South judge in 1974 by President Richard Nixon. Presi- and worked in Atlanta until attending and graduating Carolina School of Law dent Gerald Ford elevated Hill to what was then from Emory University School of Law in 2004. (1959) the Fifth Circuit in 1976. Hong began her legal career as an associate in Admitted 1971 In 1946, he married Mary Black of Simpson- the government contracts and construction practice Died April 2017 ville, S.C. Hill and his wife were active in Atlan- group at Powell Goldstein and later as an associate in JACK HOLMES USHER ta’s cultural, legal, political and social scene for a similar practice group at Alston & Bird. She was then Savannah, Ga. the next 45 years. World travelers, they went far counsel at The Gibson Law Firm before launching a University of Georgia beyond the usual tourist destinations—climbing solo practice in 2011. She also worked at Coca-Cola School of Law (1954) up Kilimanjaro, rafting down the Grand Canyon, Inc. as a contract attorney, and in summer of 2016, Admitted 1956 Died April 2017 trekking in the Himalayas, cruising on the Yang- Hong joined the in-house legal team at UPS Inc. tze, sailing along the Nile—visiting every con- Hong used her professional skills to volunteer to DAVID M. VAUGHAN tinent but Antarctica. For some years, Jim flew help the community. She served the Asian Amer- Clarkesville, Ga. his own Beechcraft Bonanza and then learned to ica legal community for many years through the Georgetown University scuba dive. A dedicated golfer who played Augus- Georgia Asian Pacific American Bar Association Law Center (1960) Admitted 1965 ta National and St. Andrews, he recorded three (GAPABA) and other bar associations. In addition Died December 2016 holes-in-one. Two of those came at the Golf Club to her involvement with GAPABA, Hong served of Amelia Island, Fla., where Hill and his wife as president of the Princeton Club of Georgia for ARTHUR M. WASHINGTON moved in 1991 after he took senior status on the several years and was an attorney coach for the Atlanta, Ga. court, maintaining chambers in Jacksonville. Hill, Grady High School Mock Trial team for the past Atlanta’s John Marshall Law School (1975) who celebrated his 80th birthday with a parachute 10 years. She also was a member of the advisory Admitted 1975 jump, heard cases until after his 90th. Among his board of the Georgia Asylum and Immigration Net- Died March 2017 many honors was membership in the American work, which provides pro bono legal services to College of Trial Lawyers.  immigrant victims of human trafficking, domestic MAURY STEVEN WEINER violence, sexual assault and other crimes.  Mobile, Ala. University of Alabama School of Law (1993) Admitted 2004 Died April 2017

GEOFFREY G. YOUNG Chattanooga, Tenn. Vermont Law School (1980) Admitted 1982 Died February 2017

2017 JUNE 73 GBJ | Book Review

Daufuskie Island by John Lueder, 323 pages, Mountain Arbor Press REVIEWED BY DONALD P. BOYLE JR.

There are two types of people in the ferry service impossible, so that Evan now world—those who have 10 weather apps has no way to get to the island, and Caris on their phone, and those who don’t. In and the children have no way to leave. this first novel by Georgia attorney John The morning after, Caris tries to make Lueder, the story gets going when lawyer the best of it and takes the children for Evan St. John heads back to Atlanta to put a hike. Amongst the flotsam they find in a few days at the office while his wife, a small wooden chest, exactly what you Caris, and their three children remain on might find at the Black Dagger, a cheesy vacation at the beach house on Daufuskie pirate cove attraction on the mainland. Island, between Hilton Head Island and When they open the chest, they find Savannah. Golf carts seem to outnumber that it contains a key and a note granting If one thinks of this automobiles on Daufuskie, and you have to “one wish made in private known only as a vacation book use a ferry to get to and from the mainland. to God.” Everyone makes a secret wish. Evan obviously works hard, because When they get back to the house, they to be enjoyed as a he has no idea that a hurricane is ap- find that Evan has found his way back proaching the island until the return trip after all, on the only working ferry boat. way to escape from on Thursday. He calls from the Interstate Will says that this was his wish. Katie’s the cares of legal near Macon to check in, and Caris gives wish soon becomes evident when she is him the news that the hurricane, which able to levitate, and then to fly. practice, Daufuskie the weather forecasters had expected to A disaster greater than the hurricane hit Miami, had taken an unexpected turn befalls them when Abby’s wish comes true Island succeeds. and smacked into Daufuskie with enough and her pesky little brother disappears. force to knock out the power and destroy The parents pry Abby’s wish out of her and a neighbor’s house. The high waves make determine that if the impossible really has

74 GEORGIA BAR JOURNAL happened and Abby successfully wished Caris and the girls stumble on the him away, then he probably is in—Hawaii! chest’s connection to Mary Ellen Hadley,

The key in the chest opens a mysteri- a rumored “witch” and the original owner GEORGIA BAR ous door in Haig Point lighthouse, and of the chest before the hurricane knocked Evan finds himself in Revolutionary War everything into the sea and sky. At Mary Savannah, and then Civil War Savannah. Ellen’s house in nearby Bluffton, S.C., JOURNAL Every passage through the “magical re- Caris learns another impossible thing— volving door” ends up in another time. that she and Mary Ellen had met over a A local history teacher, Dan Rose, travels hundred years ago and that Mary Ellen with Evan and is there to recognize and knows how everything will turn out for explain for him and the reader the goings- the St. John family. Katie’s flying powers on by Redcoats and Confederates. come in handy more than once as Caris The trip to Revolutionary times desperately pursues clue after clue to find is short-lived because Evan and Dan where (and when) Will may be, and how DIGITAL stumble into the middle of a battle and to bring him back home. have to rush back through the light- Through further adventures in time and EDITION house door. Redcoats chase them, but space, and at least one explicit reference to Evan and Dan are transported to Savan- The Lion, the Witch and the Wardrobe, Evan, nah in December 1864, shortly before Caris, and the children find their way to the city is occupied by Sherman’s troops. a happy ending. This involves more time Dan’s “Duxbury, Massachusetts” T-shirt travel to find Will in Hawaii. Download today to is enough to have them identified as The magical door owes something to enjoy single issues at “Yankee spies” by Confederates under C.S. Lewis, as the author admits with the www.gabar.org/ General Beauregard. (The workings of Wardrobe reference. Even if Daufuskie iPhones, with or without weather apps, Island has something of a “young adult” newsandpublications/ are a wonder to their Confederate cap- feel to it, the local Georgia detail and his- georgiabarjournal/ tors.) Their adventures take Evan and tory elevate it beyond a mere teen read. Dan through encounters with fugitive Those details also make the novel a lot of slaves and slavehunters. Evan learns dur- fun for Georgia readers, who ought to be ing this adventure that the magical door inspired to pay a visit to Daufuskie Island has a surprising connection with Euro- themselves to see whether it matches the pean history and the defense of Vienna colorful descriptions in the book. (The against the Ottoman Empire recent history of life for the permanent In a subplot, a British colonel, John residents of the island, explored by Pat Maitland, who had been in hot pursuit Conroy in The Water Is Wide, is passed June 2017 Volume 22, Number 7

From the President— GEORGIA BAR Help Wanted: of Evan and Dan, finds himself in 21st- over in silence.) Lawyers Needed in the Legislature

A Conversation with century America undergoing treatment The author admits in his acknowl- JOURNAL Edward D. Tolley 2017 Legislative Review

2017 Fiction Writing Competition Winner: for malaria in a mainland hospital after edgement section that the St. John fam- Keep Things Merry collapsing on Daufuskie. His treating ily has some basis in his own family and physician is mystified that anyone could their love of summers on Daufuskie. The have contracted malaria locally. As a way Georgia law angle is left unexplored, of jogging the obviously deluded histori- however, and there are no courtroom cal re-enactor, the doctor makes him a scenes or recitals of legal documents. gift of a book on local history. Colonel That’s just as well. If one thinks of this THE LEGAL How Not to Get Maitland is able to read how his recently as a vacation book to be enjoyed as a way Thrown in Jail interrupted battle ended and what his to escape from the cares of legal practice, fate should be. Having benefited from Daufuskie Island succeeds.  modern antibiotics, he liberates him- self and finds his way to the local visitor center, where he reads up further on the Donald P. Boyle Jr., a history of American and Britain since member of the Georgia Bar the 18th century and plots how to find Journal Editorial Board and his way back to his own time, which in- past Editor-in-Chief, is a litigation partner at Taylor cludes his own resolution of something English Duma LLP. www.gabar.org like Star Trek’s “prime directive.”

2017 JUNE 75 GBJ | CLE Calendar

JUNE AUGUST

16-17 ICLE: Southeastern Admiralty Law 2-3 ICLE: 39th Real Property Law Institute Institute Annual Seminar Residential Real Estate Video Replay Charleston, S.C. | 10 CLE Atlanta, Ga. | 12 CLE 23 ICLE: Communication Essentials 2-3 ICLE: 39th Real Property Law Institute and Ethical Practice Commercial Real Estate Video Replay Atlanta, Ga. | 6 CLE Atlanta, Ga. | 12 CLE 23-24 ICLE: Environmental Law Section 4 ICLE: 11th Annual Arbitration Institute Summer Seminar Atlanta, Ga. | 6 CLE Amelia Island, Fla. | 8 CLE 15 ICLE: August Group Mentoring Atlanta, Ga. | No CLE 17 ICLE: Child Welfare Attorney Training Atlanta, Ga. | 6 CLE JULY 17 ICLE: Construction Law for the 13-15 ICLE: Fiduciary Law Institute General Practitioner St. Simons Island, Ga. | 12 CLE Atlanta, Ga. | 6 CLE 14-15 ICLE: Solo & Small Firm Institute 18 ICLE: School and College Law Seminar Atlanta, Ga. | 12 CLE Atlanta, Ga. | 6 CLE 21 ICLE: Building Winning Appeal Issues 18 ICLE: Contract Litigation Into Social Security Disability Cases Atlanta, Ga. | 6 CLE Through Effective Vocational Expert 18 ICLE: Nuts and Bolts of Family Law Cross-Examination Savannah, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 24-27 ICLE: 2017 Tropical Seminar (Fall) San Juan, Puerto Rico | 4 CLE 31 ICLE: Business Immigration Law Atlanta, Ga. | 6 CLE 31 ICLE: Trial of Leo Frank Atlanta, Ga. | 3 CLE

76 GEORGIA BAR JOURNAL GBJ | Notices

Supreme Court of Georgia Approves Amendments to the Rules and Regulations for the Organization and Government of the State Bar of Georgia

The Supreme Court of Georgia having considered the 2017-2 Mo- tion to Amend the Rules and Regulations for the Organization and Government of the State Bar of Georgia, has ordered that Part XVI – Institute of Continuing Legal Education of the State Bar of Georgia, be approved effective April 13, 2017. The exact text of the Order can be found on the Supreme Court’s website at http://www.gasupreme.us/wp-content/ uploads/2017/04/ORDER_2017_FINAL.pdf. The new rule can be found on the State Bar of Georgia website at www.gabar.org/barrules/handbook.cfm.

Notice of Motion to Amend the Rules and Regulations of the State Bar of Georgia

No earlier than 30 days after the publication of this Notice in the Georgia Bar Journal, the State Bar of Georgia will file a Motion to Amend the Rules and Regulations for the Organization and Government of the State Bar of Georgia pursuant to Part V, Chapter 1 of said Rules, 2016- 2017 State Bar of Georgia Directory and Handbook, p. H-7 (hereinafter referred to as “Handbook”). The exact text of Motion to Amend 2017-3, the proposed changes to the State Bar of Georgia disciplinary rules, including the text of the proposed amendments, can be found on the State Bar of Georgia’s website at www.gabar.org/newsandpublications/announcement/ announcementdetail.cfm?id=54136. Any member of the State Bar of Georgia who wishes to obtain a printed copy of these proposed amend- ments may do so by sending such request to the following address:

Betty Derrickson Office of the General Counsel State Bar of Georgia 104 Marietta St. NW, Suite 100 Atlanta, GA 30303

I hereby certify that the following is the verbatim text of the pro- posed amendments as approved by the Board of Governors of the State Bar of Georgia. Any member in good standing of the State Bar of Geor- gia who desires to object to part or all of these proposed amendments to the Rules is reminded that he or she may only do so in the manner provided by Rule 5-102, Handbook, p. H-7. This Statement and the ver- batim text of the proposed amendments are intended to comply with the notice requirements of Rule 5-101, Handbook, p. H-7.

Jeffrey R. Davis Executive Director, State Bar of Georgia 2017 JUNE 77 ®

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The SOLACE program is designed to assist any member of the legal community (lawyers, judges, law office and court staff, law students and their families) in Georgia who suffer serious loss due to a sudden catastrophic event, injury or illness. Visit www.gabar.org for more information on SOLACE.

NEED HELP? EMAIL [email protected]

2017 JUNE 79 GBJ | Classifi ed Resources

Position Wanted Perimeter area business law firm seeks experienced attorney for of-counsel position. Candidate must have portable business of at least $200K. Firm’s plug and play operation sup- ports entrepreneurial skills, provides class A office space, mal- practice insurance, cloud computing, furniture, receptionist, conference rooms, office supplies and a collegial and collabora- tive team. Competitive financial arrangement including cross- referral opportunities with origination fee paid for collected fees for work performed by other attorneys. Current practice areas include lending, bankruptcy, collections, commercial loan workout, finance, contracts, corporate governance, ho- tels, landlord/tenant, business litigation, mergers, securities, technology and tax). Email [email protected].

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