April 2020 Volume 25, Number 5

From the President: BAR In the Face of Difficulty, Hope Can Be Found

Annual Bar Media & Judiciary Conference JOURNAL Exceeds Expectations Spring Into Action: October is Just Around the Corner

Mindfulness Meditation to Combat Stress and Promote Civility in the Law

THE LEGAL The Perils of Guardian ad Litem Appointments Move on up in the world. Join a State Bar Section.

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EDITORIAL BOARD OFFICERS OF THE QUICK DIAL MANUSCRIPT SUBMISSION STATE BAR OF GEORGIA EDITOR-IN-CHIEF ATTORNEY DISCIPLINE The Georgia Bar Journal welcomes the submission of Kristin Poland PRESIDENT 800-334-6865 ext. 720 unsolicited legal manuscripts on topics of interest to Darrell Sutton 404-527-8720 the State Bar of Georgia or written by members of MEMBERS the State Bar of Georgia. Submissions should be 10 Donald P. Boyle Jr. PRESIDENT-ELECT CLIENT ASSISTANCE PROGRAM to 12 pages, double-spaced (including endnotes) and J. Kyle Brooks Dawn M. Jones 404-527-8759 on letter-size paper. Citations should conform to A Rickie Lee Brown Jr. TREASURER CONFERENCE ROOM RESERVATIONS UNIFORM SYSTEM OF CITATION (19th ed. 2010). John Clay Bush Elizabeth L. Fite 404-419-0155 Please address unsolicited articles to: Kristin Poland, Timothy J. Colletti State Bar of Georgia, Communications Department, Angela Ellen Cusimano SECRETARY FEE ARBITRATION 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. Jacob E. Daly Sarah B. “Sally” Akins 404-527-8750 Authors will be notified of the Editorial Board’s Bridgette E. Eckerson IMMEDIATE PAST PRESIDENT CLE TRANSCRIPTS decision regarding publication. Jake Evans Hon. Kenneth B. Hodges III 404-527-8710 Lynn Gavin The Georgia Bar Journal welcomes the submission Mary Elizabeth Gilchrist YLD PRESIDENT DIVERSITY PROGRAM of news about local and voluntary bar association Megan Turley Hodgkiss Will Davis 404-527-8754 happenings, Bar members, law firms and topics of interest to attorneys in Georgia. Please send news Eric Hooper YLD PRESIDENT-ELECT ETHICS HELPLINE releases and other information to: Sarah I. Coole, Abbey Beth Morrow Bert Hummel 800-682-9806 Director of Communications, 104 Marietta St. NW, Amber L. Nickell 404-527-8741 Kevin Patrick YLD IMMEDIATE PAST PRESIDENT Suite 100, Atlanta, GA 30303; 404-527-8791; Michael Steven Webb Hon. Rizza P. O’Connor GEORGIA BAR FOUNDATION/IOLTA [email protected]. Pamela Y. White-Colbert 404-588-2240 DISABILITIES Mark W. Wortham COMMUNICATIONS GEORGIA BAR JOURNAL If you have a disability which requires printed COMMITTEE 404-527-8791 materials in alternate formats, please call 404-526- EDITORS EMERITUS CO-CHAIR GOVERNMENTAL AFFAIRS 8627 for assistance. Peter C. Canfield 404-526-8608 Bridgette E. Eckerson (2017-19) PUBLISHER’S STATEMENT Timothy J. Colletti (2015-17) CO-CHAIR ICLE Bridgette E. Eckerson (2012-15) Leslie L. Cadle 678-529-6688 The Georgia Bar Journal (ISSN-1085-1437) is Robert R. Stubbs (2010-12) LAWYER ASSISTANCE PROGRAM published six times per year (February, April, June, Donald P. Boyle Jr. (2007-10) August, October, December) by the State Bar of COMMUNICATIONS 800-327-9631 Marcus D. Liner (2004-07) Georgia, 104 Marietta St. NW, Suite 100, Atlanta, DEPARTMENT Rebecca Ann Hoelting (2002-04) LAW PRACTICE MANAGEMENT GA 30303. Copyright State Bar of Georgia 2020. One Marisa Anne Pagnattaro (2001-02) DIRECTOR 404-527-8773 copy of each issue is furnished to members as part D. Scott Murray (2000-01) Sarah I. Coole LAW-RELATED EDUCATION of their State Bar license fees. Subscriptions: $36 to non-members. Single copies: $6. Periodicals postage William Wall Sapp (1999-00) ASSISTANT DIRECTOR 404-527-8785 paid in Atlanta, Georgia, and additional mailing Theodore H. Davis Jr. (1997-99) Jennifer R. Mason L. Brett Lockwood (1995-97) MEMBERSHIP offices. Advertising rate card will be furnished Stephanie B. Manis (1993-95) COMMUNICATIONS COORDINATOR 404-527-8777 upon request. Publishing of an advertisement does William L. Bost Jr. (1991-93) Ashley G. Stollar MEETINGS INFORMATION not imply endorsement of any product or service Charles R. Adams III (1989-91) SOCIAL MEDIA COORDINATOR 404-527-8790 offered. POSTMASTER: Send address changes to L. Dale Owens (1987-89) Danyale Brown same address. Donna G. Barwick (1986-87) PRO BONO RESOURCE CENTER James C. Gaulden Jr. (1985-86) ADMINISTRATIVE ASSISTANT 404-527-8763 Jerry B. Blackstock (1984-85) Amber Rikard PROFESSIONALISM Steven M. Collins (1982-84) 404-225-5040 Walter M. Grant (1979-82) SECTIONS Stephen E. Raville (1977-79) 404-527-8782 The opinions expressed in the Georgia Bar TRANSITION INTO LAW PRACTICE Journal are those of the authors. The views 404-527-8704 expressed herein are not necessarily those of the UNLICENSED PRACTICE OF LAW State Bar of Georgia, its Board of Governors or 404-527-8743 its Executive Committee. YOUNG LAWYERS DIVISION 404-527-8778

2 GEORGIA BAR JOURNAL GEORGIA BAR JOURNAL April 2020 | Volume 25 | Number 5

GBJ | The Features

26 Annual Bar Media & Judiciary Conference Exceeds Expectations ASHLEY G. STOLLAR

32 TILPP’s 2020 Events Off to Great Start KELLYN O. MCGEE

36 Honor Roll of Contributors: 2019 “And Justice for All” State Bar Campaign for Georgia Legal Services Program GETTYIMAGES.COM/SEVENTYFOUR

THE PERILS OF The GUARDIAN AD LITEM APPOINTMENTS/ 18 Legal Rachel A. Elovitz

2020 APRIL 3 64

GETTYIMAGES.COM/CHESIIRECAT

42 Georgia Lawyer Spotlight 62 Member Benefits A Conversation with Member Benefits: GBJ | In Every Issue Hon. Shawn LaGrua Law Practice Management Jacob E. Daly 5 Editor’s Letter Program Sheila Baldwin 6 From the President 52 Office of the General Counsel 10 From the YLD President You’re Fired! 64 Attorney Wellness 14 From the Executive Paula Frederick Mindfulness Meditation to Director Combat Stress and Promote 46 Bench & Bar 58 Law Practice Management Civility in the Law 53 Attorney Discipline Building a Winning Client Portal Danielle “Dani” Berry 56 Legal Tech Tips Natalie R. Kelly 68 In Memoriam 66 Writing Matters 73 Book Reviews 60 Pro Bono Breaking Bad . . . Writing Habits 78 ICLE Spring Into Action: October is Just Around David Hricik and Karen J. Sneddon 80 Notice the Corner 80 Classified Resources Mike Monahan 80 Advertisers Index 61 Pro Bono Star Story Valerie Brown-Williams Lorilynn Daniel

4 GEORGIA BAR JOURNAL EDITOR’S LETTER

April 2020 Volume 25, Number 5

From the President: GEORGIA BAR In the Face of Difficulty, Hope Can Be Found

Annual Bar Media & Judiciary Conference JOURNAL Exceeds Expectations Spring Into Action: October is Just Around the Corner

Mindfulness Meditation to Combat Stress and Promote Civility in The April Issue the Law

As I write this, businesses across the challenges faced by those attorneys serv- state have announced closures for an in- ing children, who are such a vulnerable

THE LEGAL definite period. Schools are closed. Those group. In “The Perils of Guardian Ad Li- The Perils of Guardian ad Litem Appointments who can are isolating themselves and their tem Appointments,” Elovitz discusses the families in an effort to stop the spread of complications that can arise when dealing 420GBJ_cover_final.indd 1 4/22/2020 11:57:03 AM ON THE COVER COVID-19. Essential employees are brave- with children in the justice system, even GETTYIMAGES.COM/SEVENTYFOUR ly stepping out every day to try to provide for guardians ad litem with the best of in- necessary services to our citizens. I’ve never tentions, and shows us the tragic conse- experienced anything quite like what is hap- quences these complications can have on pening right now. When it all began, my the children. first hope was that we would all be able to If you are in search of your next book, get back to our normal lives and our normal we have the good fortune of having two VISIT routines quickly. Now, weeks later, I find book reviews featured in this edition. gabar.org myself hoping for something better. Perhaps Patrick W. McKee’s new novel, “Ariel’s that something is a little more kindness and Island,” comes strongly recommended by VIEW ONLINE gratitude in our hearts. In the spirit of that reviewer Bill Bost. The fictional novel has www.gabar.org/journal hope, we are bringing you some great con- it all—courtroom drama, murder, mystery tent this month. So, allow me to take a deep and romance. If nonfiction is more to your FOLLOW breath, and tell you about this edition. taste, author Vincent Coppola’s fantastic bi- Twitter @StateBarofGA Darrell Sutton’s president’s page this ography, “Tommy Malone, Trial Lawyer,” @GeorgiaYLD month is filled with examples of dedication is an excellent choice, according to reviewer @iclega and hard work of legal professionals all over Kevin Patrick. Patrick, also a member of Facebook @statebarofgeorgia the state in the face of the COVID-19 pan- our Editorial Board, had the great foresight @GeorgiaYLD demic. Their efforts are making a difference to set up a meeting with the book’s subject @iclega in the lives of Georgians at this trying time during the review process, and we get the YouTube and reflect the very best of our profession. benefit of reading some of Malone’s own /StateBarofGeorgia In our legal article this month, author thoughts on the book. Flickr l /statebarofgeorgia Rachel A. Elovitz takes a closer look at the Thanks for reading, and take care! /yld Instagram @statebarofga @georgiayld KRISTIN POLAND Editor-in-Chief, Georgia Bar Journal LinkedIn [email protected] /state-bar-of-georgia

2020 APRIL 5 GBJ | From the President

In the Face of Difficulty, Hope Can Be Found

This edition of the Georgia Bar Journal sociates and staff members working from went to press and is being delivered to you home. Client “meetings” now take place during a time that for most of us is filled online or on the phone except when with uncertainty, worry, fear, anxiety and absolutely necessary. grief—all unlike any we have ever before On March 14, Supreme Court of Geor- experienced. Our world as we know it has gia Harold Melton declared been shuttered—in many cases literally. a statewide judicial emergency, essentially The global COVID-19 pandemic has grinding the wheels of justice to a tem- brought previously unimaginable devas- porary halt, except for matters critical or tation. Lives lost. Businesses closed. Jobs essential to protecting the “health, safety eliminated—and millions upon millions and liberty of individuals.” And on April of unemployment benefit claims. Near- 6, that declaration was extended through ly all of us ordered into isolation from May 13. our extended families, friends and co- Even though many of us—and those DARRELL SUTTON workers. All amid more than 1 million we know and love—have already lost so confirmed cases and growing worldwide much, perhaps the worst part is the un- President at the beginning of April, with forecasts known: what is yet to come. I suspect that State Bar of Georgia of up to 100,000 deaths in the United for so many of us, we will look back upon [email protected] States alone. the first half of 2020 as the most difficult The devastation extends to our very time of our lives. “way of life” through the cancellation of In the face of this difficulty is a struggle popular entertainment and sports events. to find hope. But over the last month, I Just here in Georgia, the NCAA Final have time and again seen strength; time Four men’s basketball championship did and again witnessed demonstrations of not take place. A ballpark in Cobb Coun- support and care for others; and time and ty sat empty, devoid of Braves’ baseball. again observed concern for one another. And the world of golf will now wait until This is where hope can be found. November for its return to Augusta, Mediainstead of the annual April pilgrim- Hope can be found in the dedication age to the Masters. of those like Lamont Burwell. Georgia lawyers are no different from On March 12, we made the difficult de- any other professionals having to adapt cision to close the Bar Center, the Bar’s to this “new normal” in American soci- Coastal Georgia Office in Savannah and ety. Law firms large and small have closed South Georgia Office in Tifton. Since their offices and have their partners, as- then, that closure was extended to April

6 GEORGIA BAR JOURNAL OFFICERS’ BLOCK

In this issue of the Georgia Bar Journal, we asked our State Bar of Georgia officers, “If you could only have three apps on your smartphone, which would you pick?”

DARRELL SUTTON President Considering I am directionally challenged and the number of trips being president has afforded me the opportunity to make, I would be hard-pressed to function without my Maps app (and sometimes Waze). And being a sports fan, I have an unhealthy devotion to the ESPN and CBS Sports apps.

DAWN M. JONES President-Elect 7, and is currently extended through 1) Tiny Scanner Pro (on-the-go scanning); 2) Waze May 13. (pretty accurate navigation); and 3) Amazon Alexa In the process, the more than 120 (while away I can change HVAC settings, turn lights members of the Bar’s staff were, like so on/off, play music for my fur baby, etc.). many of you and so very many American businesses and their employees, in an in- stant required to work remotely—even though the Bar did not necessarily have in ELIZABETH L. FITE place the infrastructure needed for them Treasurer to do so. Who can live now without Messages? In addition Enter Lamont Burwell, director of the to that, I would choose Safari and Apple News. Bar’s Management Information Systems Department. Because of Lamont’s tireless effort, as of March 30, nearly two-thirds of the Bar’s staff had the server access, hard- ware and other infrastructure necessary for them to function remotely just as they SARAH B. “SALLY” AKINS would if in the office, and 100 percent of Secretary staff had access to their Bar email accounts. 1) Outlook—My virtual office for email and calendar; Hope can be found in the random 2) Waze—I have NO sense of direction; and 3) Words With Friends—I’m addicted! acts of kindness demonstrated by Georgia’s lawyers. Despite the closure of the Bar Center, the Bar’s security staff have remained on site 24 hours per day. As the first faces we see each time we enter the Bar Center build- HON. KENNETH B. HODGES III ing, the security staff members are famil- Immediate Past President iar to many of us. I’d have three categories: 1) Navigation—ForeFlight Perhaps because of this, Bar members for air and Waze for ground; 2) News—NY Times have shown concern for them, too. This in- for national, AJC for state and Albany Herald and cludes Bar member Nancy Prager of Atlan- WALB for local; and 3) Social media—Facebook and ta, who arranged to have pizza delivered to Twitter, both to monitor Steve Dillard, to see where the security guards each Wednesday since he has checked in and what he’s doing. the Bar Center’s closure was announced.

2020 APRIL 7 It is in these examples of hope that we will find The Bar’s role in this task force is being fulfilled by a special committee chaired by the strength to endure what lies ahead. In our Board of Governors member Paul Painter community and collective support for each of Savannah. For sure, Paul’s committee will provide support to Atlanta Legal Aid other, this is how we will ensure our resurgence. and Georgia Legal Services as they con- tinue to fulfill their missions under these trying circumstances. Under Paul’s lead- ership, the committee will also identify other issues arising as a result of the pan- Hope can be found in the concern demic affecting both the legal system and about the ability of Georgia’s lawyers the legal profession, develop solutions to to continue working. them, and then work with Bar leadership For weeks, Director of Governmental Af- and other appropriate entities to imple- fairs Christine Butcher Hayes and the leg- ment those solutions. islative program team have worked every Meanwhile, under Young Lawyers day to secure the various orders needed Division President Will Davis’ leader- from the State Capitol and the Supreme ship, the YLD Signature Fundraiser raised Court for Georgia’s lawyers to continue more than $20,000 for Georgia Legal operating their practices. These include Services—despite the fact the pandemic an order permitting remote real estate forced the cancellation of the fundraising closings and remote notarization and event itself. witnessing in the context of real estate Will and the YLD have also converted transactions, an order that classifies law- their “Build a Better Georgia Day”—orig- yers and law firms as essential services, inally devoted to Habitat for Human- and an order that permits remote notari- ity builds—into a day of blood donation zation and witnessing of a broad array of drives in conjunction with local Red other legal documents. Cross offices across the state. The YLD is also using its partner- Hope can be found in the desire of ship with the state’s community food Georgia lawyers to help others. banks and the Attorney General’s Office The pandemic and its fallout have im- through the annual Legal Food Frenzy to pacted us all, especially the less fortunate ensure that every Georgian—especially in our state and country. People are in Georgia’s children—have access to food as need of civil legal services; people are the pandemic continues. The Legal Food facing food insecurity; and people need Frenzy will take place between April 20 donations of blood. Georgia’s lawyers are and May 1, raising funds so that Georgia’s helping fulfill those needs. eight community food banks can contin- Near the end of March, a task force ue, among other things, providing free among the State Bar, Atlanta Legal Aid breakfast and lunch to children who rely Society and Georgia Legal Services Pro- on free or reduced-priced school meals. gram was formed to address issues re- It is in these examples of hope that we lated to the delivery of civil legal services will find the strength to endure what lies for low-income Georgians that have ahead. In our community and collective arisen and continue to arise as a result of support for each other, this is how we will this pandemic. ensure our resurgence. l

8 GEORGIA BAR JOURNAL

GBJ | From the YLD President

Why Diversity Matters in the Legal Profession

“We, as lawyers, have been given great years before Linda Klein became the State power and responsibility in preserving the Bar’s first woman president, in 1997-98. health of our democracy. Our various colors, The YLD has now had 14 female presi- national origins, genders, religions and sexual dents, compared to three for the “big Bar,” preferences are irrelevant to our worthiness to although current President-elect Dawn shoulder those burdens, yet allow us as a pro- Jones, Treasurer Elizabeth Fite and Sec- fession to understand and ably represent every retary Sally Akins are standing in line to combination of those constituencies. Hearing potentially double that total over the next every voice makes us stronger as a nation.” three years. That statement was submitted to the Derek White became the first African- newsletter of the State Bar As- American YLD president in 2002-03. He sociation’s Diversity Leadership Coun- was followed by Damon Elmore (2005- WILL DAVIS cil, among those written by members of 06) and Amy Howell (2009-10). Patrise the Illinois Bar’s Standing Committee on Perkins-Hooker (2014-15) remains the Women and the Law, and the Standing only African-American president of the YLD President Committee on Minority and Women State Bar, until Dawn Jones takes her oath State Bar of Georgia Participation, on why diversity matters to of office two months from now. [email protected] them. I will share several others in italics My immediate predecessor, Toombs throughout this article. County Chief Magistrate Judge Rizza Diversity is important to the legal pro- Palmares O’Connor, is Georgia’s first Fil- fession, despite the profession’s history and ipino-American judge and first Filipino- how long it took for Bar leaders to realize American president of the YLD. it. Here in Georgia, I am proud to say the “The interpretation of the law is influenced Young Lawyers Division has always been by a person’s background and life experiences. at the forefront of change and creating new Because we are a diverse nation, we need law- programs for the State Bar. I think that is, yers with diverse backgrounds to interpret in part, based on our diverse participation. and draft the law within our Constitutional As the first openly LGBT president of framework. The legal profession, therefore, the YLD, I can look back on leaders who should be inclusive of all peoples and many have come before me and appreciate that ideas. When a client has a legal issue to solve, the YLD has led the way in terms of diver- the client must feel confident that his or her sity within the State Bar leadership. voice will be heard, no matter his background, The YLD’s first woman president, gender, color or faith. If the client can see di- Donna Barwick, served in 1988-89, nine versity in the legal profession, the client will

10 GEORGIA BAR JOURNAL OFFICERS’ BLOCK In this issue of the Georgia Bar Journal, we asked our YLD officers, “If you could only have three apps on your smartphone, which would you pick?”

WILL DAVIS | YLD President If I had to limit myself to three apps, I would choose: 1) Facebook—It’s a 15-year habit I cannot seem to kick; 2) Lyft—An essential app for getting around when I travel; and 3) DoorDash—Never underestimate the power of being able to easily order food at a minute’s notice.

BERT HUMMEL | YLD President-Elect My three iPhone apps would have to be Mail, Apple News and my credit card app. This is probably an answer that qualifies me for an AARP card rather than qualifying as a “young lawyer.” If it was during football season, I would maybe cut the credit card app and add a fantasy football app. feel more confident that he has received a fair resolution of his legal issue.” ELISSA B. HAYNES | YLD Treasurer In State Bar leadership, diversity in Assuming the Mail and Messages apps do not count all areas (race, age, geography, prac- against my three, given their “pre-loaded” status, the tice area, gender) helps us succeed in so three apps I likely use the most are Peloton, Waze (I have zero sense of direction) and Instagram (cue the much of what we do. Bar leaders have Millennial insults. . .). increasingly embraced the concept in the election of officers and Executive Com- RON DANIELS | YLD Secretary mittee members and appointments of at-large Board of Governors members, In this fantasy world we have created, I would live in the various committee chairs and the overall confines of Walt Disney World. Thus, my apps would be My Disney Experience, Facebook and TikTok (whatever makeup of Bar committees. that is). Addressing the Board of Gover- nors, 2016-17 State Bar President Pat O’Connor talked about that year’s Bar RIZZA O’CONNOR | YLD Immediate Past President nominees to the Judicial Qualifications I would have to pick: 1) Camera—I need to take pictures/ Commission: “We have continued to videos of my cute kids!; 2) Photos—So I can look at promote diversity among our ranks. To- pictures/videos of said cute kids; and 3) Google Maps— morrow this board will vote on a list of So I know where I’m going. proposed nominees to the JQC. You will receive seven names. Of those seven, three will be persons of color, two will ASHLEY AKINS | YLD Newsletter Co-Editor be women and every region of the state If I could only choose three, they would be the iPhone will be represented. In my appointments Camera app, Google Maps and Spotify. this year, I have tried to be equally aware of the need for diversity in the leader- ship of our Bar. I am pleased to welcome Dawn Jones as our newest officer, and I hope that many more women and mem- AUDREY B. BERGESON | YLD Newsletter Co-Editor bers of various ethnic and other minor- My three apps would be: 1) FaceTime, which I need to keep ity groups will continue to seek and up with my sister, who is currently abroad; 2) Photos, attain leadership roles in the State Bar. because I love scrolling through pictures of my baby Equal and diverse representation makes daughter any time we are apart; and of course, 3) Mail. us stronger.” What can I say? Lawyers need constant access to email.

2020 APRIL 11 We must remain constantly diligent in our efforts to ensure that all communities have seats at the table in the years ahead.

His immediate successor, 2017-18 regardless of race, nationality, ethnicity, l Coordinating a High School Pipeline President Buck Rogers, concurred, stat- religion, sex, gender identity, sexual ori- Program that introduces law firms, ing at the outset of his term, “The very entation, disability or age. The program and corporate, government and not- definition of a unified State Bar requires achieves its mission by: for-profit legal departments to tal- ented minority students in Georgia’s there be diversity within the legal pro- l Providing forums to discuss recent fession—and we must embrace it now high schools who have expressed an diversity and inclusion developments interest in pursuing a career in law more than ever. The State Bar does not in the legal profession; represent just one segment of Georgia’s after college and that provides edu- l legal community. It represents them all, Presenting annual continuing legal cational programs designed to help and we need the viewpoints of all our di- education programs on diversity and such students achieve their goals. verse communities and practice areas to inclusion trends, strategies, poli- “Diversity is critical to the legitimacy of be heard. I remain committed to working cies and initiatives that corporate, our judicial system and the rule of law. If our with each of you to ensure the actions we government and not-for-profit legal justice system does not reflect the diversity of take as the year goes on are in the best departments and law firms are our community, it will lose credibility and interest of all of our membership and the successfully implementing; respect among those who feel their views and public at large.” l Furnishing resources on diversity circumstances are not being fairly represent- “Diversity matters because it leads to the and inclusion and strategies to pro- ed within the system. Accordingly, we must creation of better problem solving models. mote diversity in the legal workforce; have diversity not only on the bench, where Without diversity creativity can be stunted. l Presenting an annual business we have placed great authority for decision- Without diversity it becomes a struggle to development symposium that is making, but also among lawyers, who have brainstorm new and innovative ideas and designed to (1) promote inclusion been granted a special privilege to represent problem solve because everyone has the same of women and minorities on outside the interests of those with business before the mind set, the same worldview. With the counsel teams that serve corporate courts and a corresponding responsibility to same or similar mindsets people are less ca- and governmental clients; (2) cre- understand the clients’ unique needs and cir- pable of bringing divergent perspectives, ex- ate opportunities for women and cumstances. For those who are less altruistic, periences, knowledge or histories to the table. diverse counsel to develop rela- diversity is important to a law firm’s bottom For me diversity matters most especially for tionships with corporate in-house line. The American population is becoming those of us involved in conflict resolution as counsel and government counsel; increasingly diverse and our legal business is it allows us to tap into the vast creativity, and (3) provide majority and minor- transcending our national borders. Law firms which only diverse experiences and perspec- ity-owned law firms opportunities that appreciate and embrace diversity—in tives can bring.” to hear from corporate and govern- their personnel and within the law firm en- The State Bar maintains an active Di- ment in-house counsel on how cor- vironment as a whole—will be best positioned versity Program and promotes the inclu- porations and governmental entities to attract this diverse clientele and thrive.” sion of all Bar members, which in turn measure diversity and inclusion I am happy that the State Bar of Geor- helps fulfill the constitutional promise of initiatives of firms when selecting gia recognizes the importance of diversity justice for all. According to the program’s outside counsel; in shaping the future of an increasingly website, the Georgia Diversity Program l Presenting an annual judicial and diverse population. I am also proud of the was established in 1993 by then-Immedi- summer associates reception to dem- fact the YLD has led the way in diversi- ate Past President Charles Lester and Ful- onstrate to law school students the fying the leadership structure of the Bar. ton County Superior Court Judge Marvin State Bar of Georgia’s commitment We must remain constantly diligent in Arrington Sr. Its mission is to provide to diversity and inclusion in the pro- our efforts to ensure that all communities support to, and to promote the inclusion fession, and encourage new attorneys have seats at the table in the years ahead. of and advocate for the advancement of, to become members of the State Bar “There is strength in diversity, and I want all members of the State Bar of Georgia of Georgia; and to be as strong as I can be.” l

12 GEORGIA BAR JOURNAL GEORGIA BAR JOURNAL DIGITAL EDITION

April 2020 Volume 25, Number 5

From the President: GEORGIA BAR In the Face of Difficulty, Hope Can Be Found

Annual Bar Media & Judiciary Conference JOURNAL Exceeds Expectations Spring Into Action: October is Just Around the Corner

Mindfulness Meditation to Combat Stress and Promote Civility in the Law

THE LEGAL The Perils of Guardian ad Litem Appointments

420GBJ_cover_final.indd 1 4/22/2020 11:57:03 AM

Download today to enjoy single issues at www.gabar.org/journal/

2020 APRIL 13 GBJ | From the Executive Director

Aaron Buchsbaum: An Example of What Human Beings Should Be

During the American Civil Rights Before starting his career in the legal Movement of the 1960s, change swept profession, Buchsbaum served in the through communities across the South— Army as a specialist first class with the in some cases amid great resistance and Army Audit Agency in Paris. He then re- eruptions of violence, while in others turned to Savannah, where he had grown through the influence of local heroes who up amid widespread poverty and rac- were determined to bring an end to segre- ism, witnessing abuses he could neither gation and injustice. comprehend nor accept. As a lawyer, he In Savannah, Georgia, one of those would spend the next 50 years working to heroes was a lawyer named Aaron Buchs- end injustice and inequality in his home- baum, whose abhorrence to bigotry and town and elsewhere. a belief in equal justice for all were the Early in his career, Buchsbaum suc- driving forces in his legal career, along cessfully challenged legal practices used with a lifelong dedication to the better- in Savannah to jail civil rights demon- JEFF DAVIS ment of his community and the lives of strators, including a teenager named his fellow citizens. Edna Jackson, who was arrested at a Ty- Aaron Levy Buchsbaum was born bee Island sit-in. In 2012, Jackson was the Executive Director April 9, 1931, the son of Herbert and first African-American woman elected as State Bar of Georgia Sarah Levy Buchsbaum. According to his mayor of Savannah. [email protected] obituary in the Savannah Morning News, Buchsbaum also took on the case of his father was co-owner of Buchsbaum Rick Tuttle, a civil rights Freedom Rider This is the eleventh Brothers wholesale grocery. His mother who had come to Savannah in 1963 to in a series of articles was the daughter of Aaron Levy, the help register black voters. Tuttle, who highlighting the founder of Levy Jewelers, for whom Aar- went on to serve as city controller of Los heroic and vital on was named. Angeles, was quoted in Buchsbaum’s obit- contributions lawyers Buchsbaum attended Massie School, uary as saying, “I was a pretty unpopular and judges have made which was behind his house on Gaston fellow in Savannah when Aaron took my to the American Civil Street, and Savannah High School where, case. This could have gone very badly Rights Movement. despite being the top-ranked tennis play- for someone trying to build a practice, er, he was barred from becoming team support a young family, pay a mortgage. captain because of his religion. He gradu- That’s called courage.” ated from Tulane University in 1952 and The same year, Savannah Mayor Mal- earned his law degree from Emory Uni- colm Maclean appointed Buchsbaum to versity School of Law, with honors and serve on a biracial committee that sought as editor-in-chief of the Journal of Public to negotiate an end to the city’s segregated Law, and was admitted to the State Bar of public facilities, a year before Congress Georgia in 1954. passed and President Lyndon Johnson

14 GEORGIA BAR JOURNAL signed the Civil Rights Act. The work of the committee was widely credited with ushering in a relatively peaceful desegre- gation of Savannah facilities. Buchsbaum also challenged support of segregation within his own profession. In 1965, he and several other members desegregated the Savannah Bar Associa- tion by quietly stacking a meeting with supporters of integration and proposing Gene Gadsden, president of the NAACP Legal Defense Fund in Savannah, for membership. Gadsden’s membership was approved during an acrimonious meet- ing. Fifteen years later, Buchsbaum re- signed from the Savannah Bar because it continued to hold events at private clubs with discriminatory membership policies over his longstanding objections, writ- BY EMORY PHOTO & VIDEO PHOTO PROVIDED ing, “bigotry or discrimination practiced Aaron Buchsbaum said of his civil rights activities, “It was something that I believed against any minority or other group is as in, that people should be treated fairly, regardless of their race, religion, sex, age or abhorrent to me as if I were the individu- anything else.” al victim.” He rejoined the association in 2004 only after it changed that practice. One of Buchsbaum’s most influential “Are we so unsure of our way of life prove the state justice system, especially cases came in 1967 when he was the first that we cannot have dissent in word to make it more accessible to the poor. attorney to challenge racial discrimina- and print? We should not only toler- Buchsbaum was the volunteer coop- tion in Georgia’s grand and petit jury ate but welcome dissent in Ameri- erating attorney with the American selections. A ruling on his appeal of a ca. Our nation was born of dissent.” Civil Liberties Union for Savannah, death penalty case forced the state to ex- Throughout his career, Buchsbaum and a member of its Georgia advisory pand jury pools from property owners to worked countless hours pro bono and board. He joined the NAACP and for all registered voters, thus allowing more to establish and expand organizations more than 40 years served as the attor- African-Americans into the system and that provided legal representation for the ney for the local anti-poverty agency, effectively desegregating the state’s juries. poor. In 1966, he became president of the the Economic Opportunity Authority. Buchsbaum fell short of a complete vic- Legal Aid Society of Savannah, opening Buchsbaum also actively promoted mi- tory in 1969, when he took on efforts its first full-time office, and later joined nority professionals into positions of by Savannah authorities to ban local the board of its successor, the Georgia leadership. It was on his advice that Cart- distribution of a liberal, Atlanta-based Legal Services Program (GLSP). As GLSP er appointed Gene Gadsden as a Work- underground newspaper. He defended president from 1976 to 1981, he oversaw ers’ Compensation Board judge, desegre- local teenagers who were repeatedly ar- a broad expansion to include representa- gating the Chatham County bench, and rested for distributing it and an Arm- tion of migrant farmworkers and legisla- that the next governor, , strong State College professor who tive advocacy, and doubled the number promoted Gadsden to be the first African- was fired for giving it away. Although of offices statewide to more than 20. American judge of the Chatham County courts repeatedly threw out obscen- His obituary notes that in 1974, then- Superior Court. ity charges, police harassment ultimately Gov. appointed Buchsbaum When Buchsbaum received the drove the publication out of town, and to the Governor’s Commission on Crimi- NAACP Freedom Award in 1991, his for- the professor never regained his job. nal Justice Standards and Goals, where mer law partner, Judge James W. Head, In a 1970 speech, Buchsbaum asked, he helped recommend new laws to im- said, “He has confronted issues and people

2020 APRIL 15 at times and places when and where it was building on May Street as the Aaron L. unpopular, very unpopular. But this has Buchsbaum Learning Center. The cen- not deterred his efforts or determination ter assists hundreds of local children ages to change those things he deems in need 1-4 from low-income households with of alteration. If you truly know this man, getting ready to enter the school system. as I do, you respect him for his courage, his John Finney, longtime executive director intellect, his zeal and his sense of humor.” of the authority, said of Buchsbaum at the Buchsbaum once said in an interview time, “He was the only attorney we ever that his mother sometimes worried his knew. He has done so much but done it so civil rights activities would hurt his prac- quietly. Aaron rendered many community tice, but she never tried to talk him out of services without fanfare.” it. “She knew she couldn’t,” he said. “It was Buchsbaum was married for 58 years something that I believed in, that people to the former Esther Rosenbaum of At- should be treated fairly, regardless of their lanta. They had four children and four race, religion, sex, age or anything else.” grandchildren. He died April 12, 2014, at Buchsbaum’s contributions to the Savan- age 83 of complications from Alzheimer’s nah community were not limited to his disease, but his legacy of representing work as a lawyer and civil rights activist. those unable to afford a lawyer lives on. A lover and ardent proponent of classi- Near the end of his life, a gift of $650,000 Ethics cal music, he was active in the Savannah from the Buchsbaums to his law school Concert Association, the Cultural Arts alma mater at Emory University estab- dilemma? Commission, the Savannah Symphony lished the Aaron L. Buchsbaum Fellow- and City Lights Theatre, helping bring ship Fund. As a result, a recent Emory acclaimed musical performances to Sa- Law graduate will be chosen every other vannah. Frustrated by losing the signal year to receive funding to work as a fel- of an Atlanta public radio station on re- low at GLSP for a year. Emory Law Dean turn car trips from the state capitol, he Robert A. Schapiro said at the time, “For and a group of friends brought public our graduates who will be lucky enough radio to Savannah by founding WSVH, to serve GLSP, they will derive—as Aaron which went on the air in 1981. He also did—enormous satisfaction from improv- served on the board of Savannah Land- ing the lives of individuals while always mark Rehabilitation Project, a nonprofit being aware of opportunities to change organization that renovates housing for a policy or law for the benefit of many.” occupancy by low-income tenants and When it comes to benefiting the lives has restored hundreds of homes in the of others, those who remember Aaron Victorian District without gentrification. Buchsbaum can point to his success as a A longtime leader of Savannah’s Jewish lawyer, his courageous work for the cause Lawyers who would like to community, Buchsbaum served twice as of civil rights, his service to his home- discuss an ethics dilemma chairman of the United Jewish Appeal, to town and faith community, or his dedica- with a member of the Office which he gave generously. He served on tion to pro bono legal services. But when of the General Counsel staff the board of the Savannah Jewish Council you add them up, Buchsbaum achieved should contact the Ethics Helpline at 404-527-8741 or toll and on the executive committees of the legendary status, or as former Savannah free at 800-682-9806, or log in National Jewish Community Relations Mayor Otis Johnson once described his to www.gabar.org and submit Advisory Council, including a stint as vice friend, “an example of what human be- your question by email. chairman from 1971 to 1976. He was also a ings should be.” l lifetime member of the southeastern advi- sory board of the Anti-Defamation League. Thanks to Linton Johnson, media consul- In 2011, the Economic Opportunity Au- tant to the Bar, for his assistance in research- thority for Savannah-Chatham County ing and drafting this article. These articles Area Inc. honored Buchsbaum, who had are in support of the Arc of Justice Institute been the authority’s attorney for more and its Hidden Legal Figures project. For than 40 years, by naming its Head Start more information, visit onthearc.net.

16 GEORGIA BAR JOURNAL When the world crumbles around you.

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GBJ | The Legal

The Perils of Guardian ad Litem Appointments

The guardian ad litem, an officer of the court, holds a position of trust with respect to the minor child at issue and is duty bound to exercise due diligence in performing her (or his) role under the Code. Their work, generally considered valuable, “is not without legal and ethical uncertainty. . . .” This article speaks to potential complications that can arise. BY RACHEL A. ELOVITZ

Our law views children, in most re- it . . . . The municipal laws of all well gards, as legally incapacitated. They are regulated societies take care to enforce thought to lack the maturity, life experi- this duty; though Providence has done ence and sound judgment that adults enjoy it more effectually by implanting in the in making fundamental life decisions. This heart of every parent that unquench- belief informs our legal tradition. It is why able affection which not even the de- our common law has long recognized the formity of person and mind, nor the fundamental right of parents to speak and wickedness, ingratitude, and rebellion make decisions for their minor children— of children can totally extinguish.6 and why minors, absent limited circum- stances, are unable to contract,1 marry,2 When that unquenchable affection, sue or be sued in their own names;3 appeal the innate bond between parent and child, a civil case without the aid of a guardian is inexplicably absent or lacking, or a par- or next friend;4 or refuse medical or surgi- ent’s natural desire to protect his or her cal treatment for their own bodies.5 The own flesh and blood takes a back seat to nature of childhood, in the eyes of the law, incapacity, abusive inclination or neglect, is for the most part wanting and weak, the state acts to protect one of its most requiring the assistance of one sui juris, vulnerable populations. Nowhere is this which the law explains as follows: more evident than in abuse and neglect cases, in which the court routinely ap- The wants and weakness of childhood points guardians ad litem as “protector[s] render maintenance by someone other of a child’s best interest.”7 than the child himself indispensable, The practice of appointing a guardian and the voice of nature indicates the ad litem (GAL) to represent the best in-

GETTYIMAGES.COM/SEVENTYFOUR parent . . . as the fittest person to afford terests of minor children has been pro-

2020 APRIL 19 lific since the 1974 passage of the Child attorneys and CASAs or other trained cit- Abuse Prevention and Treatment Act izens and volunteers, and yet others [that] (CAPTA),8 the goal of which was to en- use CASAs or trained citizens and volun- sure adequate representation for children teers exclusively.”15 Just within the greater at issue in state-initiated abuse and neglect metropolitan area of Atlanta, Georgia, cases (“deprivation” or “dependency”9 cas- “Fulton County [Juvenile Court] appoints es). GAL representation was subsequently legal counsel for each child who is the expanded to other proceedings, including subject of a deprivation petition and may custody and visitation. not appoint a guardian ad litem, whereas In recent years, the utilization of GAL DeKalb County Juvenile Court appoints appointments has become even more counsel to serve in a dual role as attor- widespread, resulting in GALs perform- ney and best-interest advocate.”16 The ing diverse roles that include everything distinction between the role of the GAL from fact investigator, mental health and Child Advocate is one with a differ- evaluator, next friend attorney, fam- ence. “A child’s attorney, unlike a [GAL], ily mediator and child’s attorney.10 Their must attempt to maintain a normal cli- work, generally considered valuable, “is ent-lawyer relationship with the child, not without legal and ethical uncertainty. and the attorney must defer to the child’s Incompatible ethical mandates, sparse wishes regarding the ultimate objectives statutory guidance, and undeveloped of representation.”17 A GAL, however, case law compound these quandaries.”11 “is bound to protect the best interests of Complicating matters further, the role, the child, even in contravention [to] the appointment, training and compensation child’s personal desires.”18 Nonetheless, of GALs vary greatly state to state,12 coun- there are jurisdictions, like Georgia, that ty to county, judge to judge and case to allow a GAL to serve in a dual capacity, case.13 In fact, a study by the U.S. Depart- a practice that has been characterized as ment of Health and Human Services un- “ethically and legally problematic, insofar dertaken to evaluate the effectiveness of as it permits GALs to act simultaneously the guardian ad litem system found that “a as attorneys and witnesses.”19 lack of legislative guidance and disagree- In Georgia, a juvenile court judge is re- ment among and within States regarding quired to appoint a GAL for a child who how best to provide this representation is alleged to be dependent,20 meaning a has resulted in a chaotic and inconsistent child who is in need of protection from system of GAL representation.”14 the court because of abuse or neglect; a In dependency proceedings alone, there child without a parent, guardian or legal are courts that “use only attorney guard- custodian; or a child who has been placed ians, others [that] use a combination of for care or adoption in violation of law.21 A superior court judge in Georgia, howev- er, is authorized (not required) to appoint a GAL to assist in domestic relations cases involving minor children (e.g., divorce and custody actions, legitimation actions, In dependency proceedings alone, there are third party custody actions and grand- courts that use only attorney guardians, parent visitation actions),22 in which the “ GAL has been viewed “as an agent or arm others [that] use a combination of attorneys of the court.”23 The concern behind the and CASAs or other trained citizens and appointment is that without it, “the trial court, charged with rendering a decision volunteers, and yet others [that] use CASAs or in the ‘best interests of the child,’ has no trained citizens and volunteers exclusively. practical or effective means to assure itself ” that all of the requisite information bear- ing on the question [of custody] will be brought before it untainted by the paro- chial interests of the parents.”24 The court, appreciably, cannot conduct its own in-

20 GEORGIA BAR JOURNAL vestigation, whereby the GAL “functions It is axiomatic that in drawing conclu- and voluntary programs require some as the court’s investigative agent, charged sions about a child’s best interest, a GAL type of training in order to qualify for with the same ultimate standard that must should listen to and consider a child’s appointment as a [GAL], but such ultimately govern the court’s decision.”25 concerns. Doing so, however, requires training could be as little as seven At the federal level, the appointment the GAL to first establish a basic level hours . . . . Even if the training is for of a GAL is a “procedural question con- of trust with the child and an ability to up to forty hours . . . very little time trolled by Rule 17(c)”26 of the Federal communicate with the child in such a is spent on child development, family Rules of Civil Procedure (FRCP), which way that the child feels safe being open dynamics during stress, and the other allows for such an appointment “only and honest with the GAL. Establishing substantive knowledge that one would in the case of ‘an infant or incompetent the necessary trust can be made difficult expect from an expert.37 person.’”27 FRCP 17(c) does not make a when parents instruct the child not to GAL appointment mandatory; it is suf- speak about certain matters, or the child For a cautionary tale of the perils of ficient if the court believes that the per- does not speak easily to strangers, or the GAL appointments, taken to their ex- son’s interests are “otherwise adequately child tries to please one or both of his treme, consider the case of represented and protected.”28 The judge, parents by manipulating the interview S.G. v. D.C.38 In 2000, the parents of two however, may not “ignore or overlook to achieve that end.35 “Warnings [by the minor children, Jane (five) and John such a fundamental requirement for the GAL or from parents] of non-confiden- (three), divorced. Their mother was protection of infants.”29 This rule has been tiality only exacerbate this difficulty.”36 awarded physical custody, and their father interpreted to mean that The resulting risks are minimally two- liberal visitation. In 2004, Jane wrote her fold. One is that a GAL, particularly one mother a note in which she said that her (1) as a matter of proper proce- without sufficient training or insight, “privates hurt BAD.”39 Accompanying dure, the court should usually ap- submits a report that is quiet on the Jane’s note was a sketch of what appeared point a guardian ad litem; (2) but child’s concerns, such that the child does to be an erect penis.40 Following her out- the court may, after weighing all the not have a voice in a decision that mean- cry, Jane was brought to a psychologist circumstances, issue such order as will ingfully impacts him or her. The second and a pediatrician, and investigations protect the minor in lieu of appoint- is that the GAL’s report speaks to con- were instituted by the Lauderdale County ment of a guardian ad litem; (3) and cerns articulated by the child—but fails Sheriff’s Department and the Mississippi may even decide that such appoint- to identify or articulate when, because of Department of Human Services (DHS).41 ment is unnecessary, though only after an unhealthy family dynamic, a history Jane began counseling, but was hesitant to the court has considered the matter and of domestic violence, mental health is- discuss the abuse. While on one occasion made a judicial determination that the sues, situational anxiety, parental alien- she identified her father as the perpetra- infant is protected without a guardian.30 ation, or any other matter or reasons, tor, at other times she claimed that she the child’s concerns may have been in- wouldn’t have noticed any abuse, because The GAL, an officer of the court,31 fluenced by a desire to please, the fear of she “slept real sound.”42 holds a position of trust with respect to reprisal, coaching or other manipulation. The mother relocated with the children the minor child at issue and is duty bound What makes this process particular- to Texas, where the Texas Department of to exercise due diligence in performing her ly perilous is that courts tend to defer Family and Protective Services (TDFPS) (or his) role under the code.32 The most to GAL opinions, even in cases when began its own investigation.43 Jane told common GAL role is that of investiga- GALs may not be qualified (as in cases TDFPS investigators that her father vis- tor, which requires the GAL to “[review] involving allegations of domestic vio- ited her room on a number of occasions, documents, reports, records and other lence and sexual abuse) to make a best scratched her “private part” with his fin- information relevant to the case, meeting interest recommendation: gernail and touched the “fold part” of her with and observing the children in appro- genital area.44 At the Collin County Child priate settings, and interviewing the natu- In custody cases, courts often ask those Advocacy Center (CCCAC), Jane also ral parents . . . therapists for both children performing the role of guardian ad li- described in even greater detail how her and parents, and any other person, such tem to render expert opinions even father molested her. While investigations as school personnel, with knowledge rel- though they do not have the requisite were ongoing, Jane’s father filed a motion evant to the case.”33 The GAL consolidates training to do so. It is assumed that for contempt to enforce his visitation information gathered, augmented by his they can make such a recommenda- rights, along with a petition for modi- or her own observations and the results of tion merely because they have done fication.45 The mother counterclaimed, any psychological testing,34 which the GAL an investigation at the request of the requesting that visitation be held in abey- then presents to the court in the form of court. In effect they are imbued with ance pending the state’s investigation into a written report, including recommenda- expertise, merely by virtue of having the alleged abuse.46 The trial court ap- tions concerning custody, visitation and been placed in that role, irrespective of pointed a GAL and ordered the mother to special parenting time parameters. their actual background. Most courts return the children to Mississippi.47

2020 APRIL 21 MAYA First year RUBY attorney Practicing law for 30+ years

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If you are looking for a peer or are interested in being a peer volunteer, visit www.GeorgiaLHL.org for more information. During Spring Break 2005, the mother mother and placed them in DHS custody.61 court, and at other times, as an attor- brought the children to Mississippi. The The trial court ordered that the father and ney representing the children.73 GAL met with them for an hour.48 Dur- mother be allowed supervised visitation at ing that time, she concluded that the fa- the discretion of DHS and the GAL and The Court continued, stating as follows: ther should be entitled to visit with the ordered a psychological evaluation of children every day during the break from the children.62 Because the grandmother If the [GAL] was appointed . . . . as an 10 a.m. until 5 p.m., under the supervi- was concerned that the trial court was ig- attorney representing the children, he sion of his new wife.49 After one of the noring the abuse evidence, she sought to owed the children all of the loyalty, visits, the GAL found Jane visibly upset.50 intervene. Her motion was denied.63 duties, and confidentiality mandated Jane refused to discuss what had occurred A scheduled trial did not occur because by the attorney-client relationship. In with the GAL, ostensibly because at that the GAL was not ready to go forward. describing those duties, the Missis- point, there was a deficit of trust. She Instead, she decided that the children sippi Rules of Professional Conduct went home and became hysterical. Her should begin therapy with a new coun- include no exception for a [GAL]. mother and grandmother brought Jane selor, who recommended that the chil- No rule of ethics allows a [GAL] to to the ER. The GAL came to the hos- dren be returned to their mother.64 The ignore or violate the attorney-client pital, where she found Jane in the fetal GAL submitted another interim report.65 privilege, or any other aspect of the position.51 Jane reported that her father The judge “skipped to the back,” where attorney-client relationship. “pulled up [her] shirt, pulled down [her] the GAL recommended that custody of panties, and touched [her].”52 The GAL the children remain with DHS but that On the other hand, if the [GAL] is directed that there would be no more vis- the children be placed with the mother.66 to act as one who investigates and its.53 The mother returned to Texas with The court returned the children to their makes recommendations to the court, the children, after which the CCCAC told mother and granted the father unsuper- that role must be made clear to the the GAL that during forensic interviews, vised visitation.67 The mother refused to parties, and particularly, to the chil- both children “clearly identified the sexual comply and instead absconded from the dren of suitable age and experience abuse of [Jane] and named the father as jurisdiction with the children.68 When for whom the [GAL] is appointed. the perpetrator.”54 she failed to appear for trial, the court Such children have a right to be in- On June 6, 2005, the father filed a granted custody to the father and ordered formed whether or not the guardian motion in the Mississippi trial court, the mother’s incarceration until she pro- ad litem is their attorney, and whether seeking visitation with the children.55 duced the children.69 The grandmother a confidential relationship exists.74 Absent a hearing, an order was entered filed a notice of appeal, seeking reversal granting the father a week of visita- of the chancellor’s denial of her motion Furthermore, where a [GAL] is ap- tion, supervised by his new wife or his to intervene, and the mother appealed pointed as an investigator for, or advi- mother.56 The mother refused to comply the custody order.70 After applying the sor to, the court, the [GAL] should rec- and sought a protective order in Collin clean-hands doctrine and fugitive-dis- ommend a course of action to the court, County, Texas.57 Meanwhile, the GAL missal rule, the Supreme Court of Mis- but the [GAL] should never serve as a issued a preliminary report opining, in sissippi dismissed the mother’s appeal, substitute for the court. The court is part, that the “forensic interview was holding that “it would not serve the best not bound by the [GAL]’s recommen- conducted not in search of spontane- interest of the children if we were to al- dation, and the court, not the [GAL], is ous revelations of the child, but to con- low the mother who has demonstrated a the ultimate finder of fact.75 firm a previously-determined theory that recurring disregard for the orders of the sexual abuse had occurred and the Father [Chancery Court], to proceed with her As for the recommendations of the GAL, . . . was the perpetrator.”58 She concluded appeal.”71 The Supreme Court of Missis- the Court directed that: that Jane’s trauma was “the result of an at- sippi held that the trial court abused its tempt to paint the Father . . . as a child discretion in denying the grandmother’s The [GAL] should make recommen- molester for reasons known only to the motion to intervene and remanded for dations only after providing the court accusers.”59 According to the Supreme proceedings consistent with that opin- with all material information which Court of Mississippi, “[g]laringly absent ion.72 The Court also took the opportu- weighs on the issue to be decided by from the [GAL’s] report is any discus- nity to comment extensively on the role the court, including information which sion, evaluation or investigation of either of the GAL, stating that: does not support the recommendation the considerable physical evidence that (emphasis added). The court must Jane actually had been sexually abused (if The chancellor failed to define clearly be provided all material information not by her father, then by someone), or the purposes for which a [GAL] was the [GAL] reviewed in order to make the identity of the perpetrator.”60 After appointed. In fact, the record reveals, the recommendation. Recommenda- receiving the GAL’s preliminary report, that at times, the chancellor viewed tions of a [GAL] must never substitute the trial court removed custody from the the [GAL] as a special master for the for the duty of a chancellor.76

2020 APRIL 23 11. Id. The weight of the evidence in this Endnotes 12. Daniel McNeely and Jiayan Chen (DV 1. O.C.G.A. § 13-3-20 (indicating that the case demonstrated that the minor child LEAP interns under the supervision contract of a minor is generally voidable). had been subjected to sexual abuse. The of Joan Meier, Executive Director) 2. O.C.G.A. § 19-3-2 (requiring a person GAL, armed with information from the and updated by Michael Bassett & to be at least 18 years of age or be an children, a parent, state investigative Elizabeth Liu (DV LEAP attorneys), The emancipated 17-year-old as defined in agencies, medical evaluators, therapists Problematic Role of Guardians Ad Litem subsection (b) of that Code Section to be and forensic examiners, limited the ma- in Custody and Abuse Cases, Domestic competent to marry). Violence Legal Empowerment and terial evidence presented to the Court 3. O.C.G.A. § 9-11-17. If an infant or Appeals Project (DV LEAP)(citing Inga that buttressed his conclusions that the incompetent person does not have a Laurent, This One’s for the Children: The father had been railroaded, failing to duly appointed representative, he may Time has Come to Hold Guardians Ad Litem even acknowledge or identify the medi- bring an action by his next friend or by a Responsible for Negligent Injury and Death cal evidence that supported the allega- guardian ad litem. Id. to Their Charges, 52 Clev. St. L. Rev. 4. In re W.L.H., 314 Ga. App. 185, 187, tions of child abuse. Further, because the 655, 660 (2004-2005)). 723 S.E.2d 478, 479 (2012), aff’d, 292 GAL was at times afforded the power of 13. Id. See also Emily Gleiss, The Due Process Ga. 521, 739 S.E.2d 322 (2013). The the court to make visitation decisions, Rights of Parents to Cross-Examine court could “find no law…authorizing and because the court at times seemed to Guardians Ad Litem in Custody Disputes: a minor to appeal a civil action on rubber stamp the GAL’s conclusions (in- The Reality and the Ideal, 94 Minn. L. his own behalf without the benefit of a cluding after reading just the “back page” Rev., 2103, 2116 (2010) (“explaining guardian or next friend.” 314 Ga. App. that current state statutes illustrate basic of one of the GAL’s reports), interim or- at 186. However, Georgia law does differences in appointment guidelines ders were entered that placed a child who recognize “the right of children as young and the variations in terminology, had likely been victimized back in the as 13 to bring direct appeals through roles and responsibilities, and levels care of the parent whom she accused of their attorney.” 292 Ga. at 533. of discretion of those appointed to molesting her. As these events unfolded, 5. O.C.G.A. § 31-9-7. represent the interests of children.”). 6. Interest of V. G., A19A0966, 2019 WL a mother seeking to safeguard her chil- 14. Id. 5386817, at *8 (Ga. Ct. App. Oct. 22, dren from further abuse ignored court 15. 292 Ga. at 532. 2019) (citing 1 St. George Tucker, orders that she believed put them at risk, 16. Id. (citing Benchbook, ch. XXIX, § (C) Blackstone’s Commentaries with Notes and as a result, lost custody of them and (f)). of Reference to the Constitution and was ordered incarcerated. This tragic re- 17. Id. at 524 n.2 (alluding to Ga. R. Prof. Laws of the Federal Government of the sult speaks to the potential perils of using Con. 1.2 and 1.14). and the Commonwealth of 18. Id. See also Formal Advisory Opinion a GAL, particularly when the dual role Virginia 46 (Birch & Small 1803)). 10–2 (stating, “At the point that the is employed, when his or her role is not 7. 292 Ga. at 521. attorney [who is also acting in the dual clearly defined, when material informa- 8. Id. (citing LaShanda Taylor, American role of guardian ad litem] concludes that tion provided to the court is limited in an Bar Association Center on Children and the the child’s wishes and best interests are effort to buttress the GAL’s conclusions Law Youth Empowerment Project White in conflict, the attorney should petition Paper: A Lawyer for Every Child: Client- and when the judiciary impermissibly the court for removal as the child’s Directed Representation in Dependency delegates its independent judgment to a guardian.”). Cases, 47 Fam. Ct. Rev. 605, 611 (2009)). GAL. Making decisions about the custo- 19. Daniel McNeely and Jiayan Chen (DV 9. In Georgia, the Code defines a dy of children is said to be a “Solomonic LEAP interns under the supervision of “dependent child” as one who, among task.”77 In this representative Mississippi Joan Meier, Executive Director) and other things, “[h]as been abused case, Solomon was absent, and the chil- updated by Michael Bassett & Elizabeth or neglected and is in need of the Liu (DV LEAP attorneys), The Problematic dren were figuratively torn apart. l protection of the court.” O.C.G.A. Role of Guardians Ad Litem in Custody and § 15-11-2 (22). The Code defines “abuse” Abuse Cases, Domestic Violence Legal as “[a]ny nonaccidental physical injury Empowerment and Appeals Project (DV Rachel A. Elovitz is a or physical injury which is inconsistent LEAP) (citing ABA Section of Family founding partner with with the explanation given for it suffered Law, Standards of Practice for Lawyers Elovitz, Edwards, O’Nan & by a child as the result of the acts or Representing Children in Custody Buerlein in Atlanta. She has omissions of a person responsible for Cases, Rule III.B (Aug. 2003) (stating, “A been practicing family law the care of a child; [or] . . . [e]motional lawyer appointed as a Child’s Attorney for 24 years, representing parties to abuse. . . .” In the Interest of R. D., 346 or Best Interests Attorney should not divorce, custody, legitimation and Ga. App. 257, 259, 816 S.E.2d 132, 134 play any other role in the case, and other domestic relations cases. (2018)(alteration in original)(internal should not testify, file a report, or make Elovitz is a trained arbitrator, quotation marks omitted). recommendations.”)). certified and registered mediator, 10. Marcia M. Boumil et al., Legal and Ethical 20. O.C.G.A. § 15-11-104. child advocate and guardian ad litem. Issues Confronting Guardian Ad Litem 21. O.C.G.A. § 15-11-2 (22). Practice, 13 J. Law & Fam. Studies 43, 22. Ga. Unif. Super. Ct. R. 24.9 (May 2011).

24 GEORGIA BAR JOURNAL 23. Leary v. Leary, 97 Md. App. 26, 627 A.2d Circuit Standing Order, In Re: Attorney- 52. Id. 30 (1993); Ward v. San Diego Cnty. Dept. Guardian ad Litem, (Feb. 2, 2009)). 53. Id. of Social Serv., 691 F. Supp. 238 (S.D. 34. Id. See also USCR 24.9. 54. Id. Cal. 1988); Linda D. Elrod, Counsel for the 35. Id. 55. Id. Child in Custody Disputes: The Time is Now, 36. Id. 56. Id. 26 Fam.L.Q. 53, 59-62 (1992). 37. Raven Lidman and Betty Hollingsworth, 57. Id. 24. Id. The Guardian ad Litem in Custody Cases: 58. Id. at 274. 25. State ex rel. Bird v. Weinstock, 864 S.W. The Contours of Our Legal System Stretched 59. Id. 2d 376, 384 (Mo. Ct. App. 1993). Beyond Recognition, 6 Geo. Mason L. Rev. 60. Id. 26. McLean v. GMAC Mort. Corp., 398 Fed. 255, 276 (1998). 61. Id. at 275. Appx. 467, 470 (11th Cir. 2010)(quoting 38. S.G. v. D.C., 13 So. 3d 269 (Miss. 2009). 62. Id. Burke v. Smith, 252 F.3d 1260, 1264 39. Id. at 272. 63. Id. (11th Cir. 2001)). 40. Id. 64. Id. 27. Scannavino v. Fla. Dep’t of Corr., CASE 41. Id. 65. Id. NO: 8:05-cv-684-T-23TBM, at *1 (M.D. 42. Id. 66. Id. Fla. Apr. 23, 2007). 43. Id. at 272-3. 67. Id. at 275-6. 28. 398 Fed. Appx. at 470 (quoting Roberts 44. Id. at 273. 68. Id. at 276. v. Ohio Cas. Ins. Co., 256 F.2d 35, 39 45. Id. 69. Id. (5th Cir.1958)). 46. Id. 70. Id. 29. 256 F.2d at _____. 47. Id. 71. Id. (alteration in original)(quoting D.C. v. 30. Id. 48. Id. D.C., 988 So.2d 359, 363-64 (Miss. 2008)). 31. Regency Health Serv., Inc. v. Superior 49. Id. The appellate decision does not state 72. Id. at 279. Court, 64 Cal. App. 4th 1496, 1498 (Cal. as much, but it appears that either the 73. Id. at 281. Ct. App. 1998). GAL had the authority or apparent 74. Id. at 282. 32. Ga. Unif. Super. Ct. R. 24.9. authority to make interim visitation 75. Id. (citing Hensarling v. Hensarling, 824 33. Marcia M. Boumil et al., Legal and Ethical decisions or the trial court adopted the So.2d 583, 587 (Miss. 2002)). Issues Confronting Guardian Ad Litem GAL’s interim recommendation and 76. Id. See also In re Marriage of Goberville Practice, 13 J. Law & Fam. Studies 43, made it the order of the Court, absent, it v. Goberville, 280 Wis. 2d 405 (Wis. Ct. (May 2011)(citing Juvenile Court of would seem, an evidentiary hearing. App. 2005). Banks, Barrow, and Jackson Counties, 50. Id. 77. Mitcham v. Spry, 300 Ga. App. 386, 685 State of Georgia, Piedmont Judicial 51. Id. S.E.2d 374 (Ga. Ct. App. 2009).

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2020 APRIL 25 GBJ | Feature

Annual Bar Media & Judiciary Conference Exceeds Expectations

The annual Bar Media and Judiciary Conference brings light to Georgia’s elections and investigative reporting through engaging panels and discussion. BY ASHLEY G. STOLLAR

On Friday, Feb. 28, the 29th Annual Bar Media & Judiciary Conference kicked off to a full auditorium of judges, attor- neys and journalists at the Bar Center in Atlanta. This yearly conference, orga- nized by Jones Day Partner Peter C. Can- field, is a primer on recurring and emerg- ing issues in journalism and the law. This year’s conference focused on elections and investigative reporting.

Political Rewind: What’s the State of Play in Georgia

Moderator

l Bill Nigut, Georgia Public Broadcasting

Panelists

l Jim Galloway, Reporter, Atlanta Journal-Constitution

l Samuel S. Olens, Counsel, Dentons

Hon. Angela Butts (retired) comments during the question and answer session of the last panel of the day, “A Look Back: Law PHOTO BY ASHLEY G. STOLLAR Enforcement, the Media and the Suspect.”

26 GEORGIA BAR JOURNAL l Dr. Amy Steigerwalt, Professor, Georgia State University l Eric Tanenblatt, Principal, Dentons l Michael Thurmond, CEO of DeKalb County Veteran Atlanta news reporter Bill Nigut energized the crowd first thing in a rous- ing edition of Political Rewind, broadcast live to its GPB audience. The hour-long program began with Michael Thurmond’s announcement that he would seek re-election as CEO of DeKalb County rather than run against in- cumbent Kelly Loeffler’s Senate seat. De- spite his life-long dream of serving in the U.S. Senate, Thurmond made the decision after speaking with former Georgia Sen. and Sen. , as well as Sen. Joe Lieberman who all coun- seled him to stay local, “if you’re really in- terested in getting things done and helping people, in a hands-on fundamental way.” The panel then discussed the upcoming presidential preference primary and the

two Senate elections that will be decided PHOTO BY ASHLEY G. STOLLAR this year. In the race for the Democratic (Left to right) Bill Nigut, Jim Galloway and Eric Tanenblatt from the Political Rewind panel. presidential nominee, Dr. Amy Steiger- walt noted that, “People are focused on electability and determining what that is.” In the senior Senate race, Sen. David Panelists caught up with social media. Sherman Perdue has an edge in running for re-elec- explained that a different set of standards tion because he’s a seasoned politician and l Robin McDonald, Reporter, Daily apply saying, “There is an expectation that his campaign is already well funded. The Report what we write will withstand scrutiny race for Senate seat 2 includes incumbent l Atlanta-Journal Bill Rankin, Reporter, and criticism.” Sen. Kelly Loeffler along with 20 qualify- Constitution The panel discussed writing articles ing candidates, all of whom have the task l Mark Sherman, Reporter, that support their organizations financial- of introducing themselves to Georgia’s The ly and the ideas of metrix and “dwell time” voting public. Retired U.S. District Court Judge Wil- being used to determine which stories to The panel spoke of politicians attack- liam Duffey spoke with three reporters write, how reporting is perceived, wheth- ing the judicial branch. When political who cover the courts. He opened with er reporters interpret facts for readers and officials make negative comments about the question, “What is the media now?” if the media deprives the public of context courts, public sentiment sways against Mark Sherman, former AJC reporter in its coverage of events. courts and judges. now with the AP, said, “With the in- In response to a question about the ternet, people avoid the filter that tra- public’s appetite for long, thorough piec- The Media and the Courts: ditional journalism provides. This new es, Bill Rankin stated, “Despite people Content and Coverage model provides a much broader range of getting news on their phones now, if political viewpoints to news reporting.” stories are well-written, people will stay Robin McDonald noted that new-style with them.” McDonald added, “Two years Moderator journalists don’t have to meet the strict ago, I was writing 2,000 word stories. Our l Hon. William Duffey, U.S. District legal standards that traditional journal- audience liked the analysis and context. Court, Northern District of Georgia ists are bound by, since laws haven’t It’s hard to do that in 500 words.”

2020 APRIL 27 Mary Norwood, former member of the Atlanta City Council, Ann Woolner speaks about her experiences during the 1996 Atlanta poses a question for panelists. Olympic bombing aftermath. (Left to right) Kevin Riley, Woolner, Kent Alexander, Ron Martz and moderator Sally Sears.

No longer bound by federal rules of Carrie Teegardin became interested in cidents they were required to report. Also judicial conduct, Duffey allowed himself Georgia senior care centers after writing uncovered was that state agencies were not to be questioned by the reporters. But he a piece about Christopher Brogdon, co- sharing information with DCH, as there is had the last question of the panel when he founder of a popular Atlanta restaurant no legal obligation for agencies to contact inquired of the reporters: Would you still and operator of elder care facilities, who DCH. Jackson noted that DCH was con- go into journalism? Rankin and Sherman was ordered to pay millions to investors tacted for comment, and the agency refused. answered yes. McDonald emphatically in his facilities. HB 987, which has passed the House said no. Throughout the senior care investi- and is currently in the Senate, includes gation, Lois Norder and other reporters provisions for training for executive di- bemoaned the lack of information avail- rectors and staff; creates a special certifi- Behind the Headlines: Reporting able to families looking for assisted living cation for memory care centers; increases on Georgia Senior Care facilities for their aging family members. staffing requirements; doubles fines They found that staff was inadequately if someone dies in care of the facility; Moderator trained, or not trained at all. The low pay and provides that administrators pass a l Andre Jackson, Editorial Editor, scale led to high staff turnover, which led competency exam. Atlanta-Journal Constitution to inconsistency in care. They also uncov- For more information on the “Unpro- ered failed restaurant inspections and in- tected” series and to view the database Panelists stances where abuse reports to the police created by the AJC, go to www.ajc.com/ l Lois Norder, Investigative Editor, were not handled correctly. senior-care-quality-report/. Atlanta-Journal Constitution Getting information from the Depart- ment of Community Health (DCH) was dif- l Carrie Teegardin, Investigative Re- ficult throughout the investigation. Delving The State of Investigative Atlanta-Journal Constitution porter, into inspection reports was time-consum- Reporting: Nationally and AJC reporters discussed their series of ing and yielded little result. Much of their in Georgia stories into Georgia’s private-pay senior work was aided by police reports, which care facilities and how that work ended included more information than a facility’s Moderator up at the Gold Dome this year in the form inspection report. It was not uncommon to l Richard T. Griffiths, Georgia First of legislation. find that facilities were not reporting in- Amendment Foundation

28 GEORGIA BAR JOURNAL PHOTOS BY ASHLEY G. STOLLAR

A live broadcast of “Political Rewind” got the conference off to a The crowd stayed engaged through the end of the day-long quick start with its on-air panel. conference.

Panelists You’re going to have every opportunity to Panelists l David Barstow, UC Berkeley Gradu- tell your side of the story. We’re not out l Hon. Robert McBurney, Fulton ate School of Journalism to get anyone. If you don’t want to talk for County Superior Court the record, you still ought to have a con- l l Ashley Fantz, Investigative Reporter, versation. We’ll let you know what we’re Paul L. Howard Jr., Fulton County CNN going to say.” District Attorney l Shawn McIntosh, Editorial Director, Investigative journalists “shoulder l J.P. Matzigkeit, District 8, Atlanta Atlanta-Journal Constitution the weight of all the facts gathered. Be- City Council l Dale Russell, Senior Investigative ing organized with your material is a way l Tiffany William Roberts, Movement Reporter, Fox 5 I-Team of managing the psychological burden of Building Counsel, Southern Center that weight,” Barstow said. An assemblage of Atlanta print and TV for Human Rights In the waning moments of the panel, the investigative reporters, joined by Da- This panel examined the debate swirl- journalists spoke about an investigative mo- vid Barstow, fresh off his stint at the ing around criminal justice in Fulton ment where they made a mistake in judg- New York Times, spoke with Richard County and elsewhere in the state. For ment. The stories ran the gamut from Bar- Griffiths about the state of investigative illustration, the panelists were given the stow’s misunderstanding of a police chief’s journalism today. following scenario: chummy behavior to Dale Russell’s mistake The group discussed how their role is of not reading all the contracts on a story. different from other journalists, how story Seventeen-year-old Michael Thrasher After the panel, Barstow spoke with a ideas are developed, what sort of organi- has been in and out of the juvenile sys- group of two dozen journalism students zation systems are employed and the chal- tem several times. He started skipping in a breakout session. lenges for new investigative journalists, school at age 13, comes from a broken among other things. Asked what the best home and his mom works two jobs. characteristic of an investigative journalist Justice or a Revolving Door? He and some friends take a joy ride was, Ashley Fantz replied, “Fearlessness.” and commit a slider crime. They are When asked about “gotcha journalism,” caught. What happens? Interlocutor Shawn McIntosh replied, “The AJC doesn’t do ‘gotcha’ journalism. You’re going to l Richard Belcher, Investigative Current Georgia law defines juveniles know what’s coming long before it comes. Reporter and Anchor, WSB-TV as 16 and under. “Because Thrasher is 17,

2020 APRIL 29 ing a kid in jail. J.P. Matzigkeit noted that Panelists Thank you to the sponsors of the community has to come together to the 29th Annual Georgia Bar l Josh Belifante, Robbins Firm address and solve issues, efficiently using Media & Judiciary Conference l tax dollars. Bruce Brown, Managing Partner, McBurney addressed blame in the Bruce P. Brown LLC criminal justice system saying, “Every- l Mark Niesse, Reporter, Atlanta- CNN one gets blamed. The judge can’t change Journal Constitution charges, only the prosecutor can. If the l ACLU of Georgia Andrea Young, Executive Director, prosecutor is brought a case where there ACLU of Georgia American Constitution Society, was hiccup a from the police, the pros- Georgia is no stranger to debate when it ecutor can’t create police work. What are Georgia Chapter comes to election readiness. This election the options that are brought to the judge? Atlanta Journal-Constitution year is no different. With a completely Prison for 10 years or probation again? new system in place for March’s presiden- Atlanta Press Club Some judges may opt for probation again. tial preference primary, this panel looked The issue in each case is unique but they Bryan Cave LLP at the state of Georgia’s readiness to go to get lumped in the same bucket. In Fulton Caplan Cobb LLP the polls. Some discussion centered around County, most repeat offenders are older the size of screens for the new machines, Council of Probate Court Judges men who are addicts and may be mentally which brings ballot secrecy, which Geor- ill, not juveniles. Because of one tragedy Council of State Court Judges gia requires, to the forefront as an issue. that gets amplified in the media, the re- Council of Superior Court Judges Mark Niesse noted the broad inter- peat offender concept becomes a boogey- est from his readers regarding elections. Daily Report man, and we start looking at limiting op- Conservatives are concerned about fraud. tions regarding repeat offenders.” Georgia First Amendment Those on the left are concerned about Howard remarked, “People of the Foundation foreign interference and voter suppres- community expect us to all work to- sion. The unifying factor is that they want Greenberg Traurig LLP gether to make the community safer. It’s election results that are accurate. practical. It makes sense. But that doesn’t Jones Day Andrea Young said the ACLU is con- happen to the degree that it should. We Judicial Council of Georgia/ cerned about the accessibility for all vot- continue to have the same problems be- ers. Georgia does not have a voter-friend- Administrative Office of the Courts cause our system is bad. Not the people ly attitude. Many are concerned about in the system. It’s the system judges are Kilpatrick Townsend people who are not eligible to vote rather forced to work within. In 1982, a Fulton & Stockton LLP than those who are eligible getting a fair County review of the criminal justice opportunity to vote. system included five recommendations, Other topics that were touched on dur- none of which have been put into effect. ing the panel were litigation, the efficacy Since then, seven other studies have he will be tried in superior court,” Mc- of hand-marked paper ballots and how the been completed.” Burney explained. How could his trip to Shelby County v. Holder decision has affected The panelists agreed that increasing superior court have been headed off? Ful- Georgia’s election landscape. Asked what the number of judges would help more ton County District Attorney Paul How- a successful outcome would be, answers people through the system quicker, but ard pointed to the Level Up program, varied from “acceptance of results” to “no without a substantive change in how which takes a look at juveniles who have long lines.” Discussion was followed by a courts operate by law, not much more been arrested at least three times. Level Q&A session. can be changed. McBurney noted that Up is meant to provide structure in lives the chief judge of a superior court is only of juveniles in the form of mentors, af- a nominal figurehead. The other judges ter-school programs and other avenues, A Look Back: Law Enforcement, have just as much authority as the chief. before they end up in superior court. Be- the Media and the Suspect cause of his prior run-ins with the law, Moderator this defendant would have been eligible Are We Ready: Georgia for the program. Elections in 2020 l Sally Sears, Reporter, WGCL/CBS46 Tiffany Williams Roberts said looking at the resources that are available and de- Panelists Moderator termining why the crime was committed l Kent Alexander, co-author, l Jonathan Ringel, Managing Editor, in order to lead with compassion is more “The Suspect” likely to create a difference than throw- Daily Report

30 GEORGIA BAR JOURNAL l Ron Martz, Atlanta-Journal Constitution (retired) Four Time Pulitizer Prize-Winning l Kevin Riley, Editor, Atlanta-Journal Constitution Journalist Delivers Keynote at Bar l Ann Woolner, Bloomberg News Media & Judiciary Conference (retired) Kent Alexander, Atlanta attorney and co-author of “The Suspect: An Olympic Bombing, the FBI, the Media, and Rich- ard Jewell, the Man Caught in the Mid- dle,” was joined by a panel of reporters to discuss how Atlanta and the world dealt with the bombing of the Centennial Olympic Games and hero-then-suspect Richard Jewell. The panel began by discussing the movie, “Richard Jewell,” which was widely panned for its inaccu- racy, then delved into the work of report- PHOTO BY ASHLEY G. STOLLAR (Center) David Barstow, UC Berkeley Graduate School of Journalism and four-time ers and law enforcement in the aftermath Pulitizer Prize-winning journalist, speaks to journalism students following his keynote of the bombing. In 1996, Alexander was address and panel discussion. a U.S. attorney working with the FBI to determine who planted the bomb during Excerpted from David Barstow’s keynote obliteration of truth a core part of the Atlanta Olympics: “There was a rush address to the attendees of the Bar Media their business models. to judgment.” By the time the FBI zeroed & Judiciary Conference. I have devoted my life to investi- gative reporting to combat a world in on Jewell, two suspects had been con- organized around lies. I assert I’ve been thinking a lot lately about sidered and dismissed. Jewell’s status as a my right to question authority, to Dr. Li Wenliang, who tried to raise an suspect was based on the knowledge he scrutinize the dark corners where early alarm about the coronavirus. would have gained through his law en- power is concentrated, where pow- Instead of being praised for react- er is abused. I love the dark. More forcement background. ing quickly to the emerging facts, he than that, I cherish how lucky I am Ron Martz explained that the AJC’s was forced to apologize for speaking to live in a country where we can story was reviewed by numerous editors. the truth. Because his government still publish hard and unwelcome The AJC’s information was then veri- was intent on lies and feel-good pro- facts about people in power with- fied by the FBI. He noted that it would paganda for crucial weeks, we are out fear of being killed or impris- now facing a global pandemic and be naïve to say that the AJC’s coverage oned or exiled or sued into oblivion economic contraction. ruined Jewell’s life. Jewell’s life would simply for telling the truth. Dr. Wenliang is a symbol of the have been torn apart no matter who pub- We can no longer take for granted idea that truth needs reinforce- lished this story because of the circum- our right to do this work. The more ments, urgently. The idea of truth politicians insist that 2+2=9, the stances: the Olympics, so many media in as the organizing principle of our more dangerous it is to tell incon- town, this singular event of the bombing. society is up for grabs. Our world venient truths. This basic dynamic Kevin Riley, who wasn’t in Atlanta at is built on facts, on measurable re- has long ruled in places like China the time said, “People who had that story alities, on science, on and around and Russia. The same toxic dynamic would have gone with it.” truth. I’m not talking just about is rapidly spreading. In the course of the lies from political leaders from A short Q&A session rounded out my 33 years of reporting, I have had across the globe. I’m talking about the presentation. l a contract taken out on my life, been bot armies that are used to spread assaulted, been held at gunpoint lies, social media that doesn’t stop [and] had more death threats than misinformation, journalists being Ashley G. Stollar I can count. In the last few years, it laid off while spin and strategic has never felt more dangerous to Communications Coordinator communication grows, aggressive State Bar of Georgia do this type of work. The venom and attempts to demonize and crimi- threats have increased significantly. [email protected] nalize the act of reporting, eroding We can no longer take investigative whistleblower protections, dimin- reporting for granted, even in the ished public records laws [and] the United States of America. l willingness of titans to make the

2020 APRIL 31 GBJ | Feature

TILPP’s 2020 Events Off to Great Start

The Transition Into Law Practice Program is continually working to offer engaging programs and speakers to the newer members of the Bar. See what’s been going on to date. BY KELLYN O. MCGEE

We are in the midst of the busy season of programming for the Transition Into Law Practice Program (TILPP). On Feb. 26, we held the annual Beginning Lawyers Program, the day-long CLE for newly ad- mitted Bar members. The program, which was held in Atlanta and simulcast to the Savannah and Tifton offices, was filled with important and informative content. The morning began with a welcome from the Bar’s Executive Director Jeff Davis, who also discussed some of the Bar’s resources. Darrell Sutton, State Bar president, offered greetings from the Board of Governors and encouraged the new lawyers to become involved with the Bar. Will Davis, Young Law- yers Division (YLD) president, reminded the attendees that they are automatically members of the YLD and encouraged them to be active members. After an overview of TILPP, the new lawyers learned about “Navigating Sexual Harassment Issues in the Workplace” from panelists Eleanor Attwood, Joshua Bosin, Raquel Crump and James Rollins. PHOTO BY KELLYN O. MCGEE PHOTO BY KELLYN They then received financial advice from (Left to right) Hon. Cassandra Kirk, Pamela Peynado Stewart and Nick Lotito serve as panelists in the “Acting for Your Client” session. the “Money Matters” panel, featuring Joy

32 GEORGIA BAR JOURNAL PHOTO BY KELLYN O. MCGEE PHOTO BY KELLYN PHOTO BY KELLYN O. MCGEE PHOTO BY KELLYN (Left to right) Kendall Kerew, Monica McCullough, Caren Cloud, Timothy Bratcher speaks on “Making Your Mark in a Rita Treadwell and Mercedes Ball on the “The Path to a Non- Transactional Practice.” Traditional Legal Career” panel.

Gorney, Niv Persaud and Moise Piram. to “Stay Out of Trouble” by avoid- ganizations provide. They also dispelled After a break, the attendees separated into ing malpractice and ethics mishaps. some of the reasons against joining, such practice-related sessions. They were able The day ended with a choice of breakout as the cost to join or the lack of time, by to choose from hearing about “Making sessions on “How to Succeed as an As- explaining the discounted membership Your Mark in a Transactional Practice” sociate” with Tracee Benzo, Carol Clark fee structure some associations offer and with Timothy Bratcher; “Crime, Pun- and Carmen Toledo; “Acting for Your suggesting ways to be involved without ishment and Implications” with Robert Client” with Hon. Cassandra Kirk, Nick sacrificing important time serving clients. Johnson; or “Document and Strategy Lotito and Pamela Peynado Stewart; and The panelists speaking on “Starting Considerations When Filing a Lawsuit” “The Path to a Non-Traditional Legal Ca- and Sustaining a Solo Practice” provid- with Henry Quillian. reer” with Mercedes Ball, Caren Cloud, ed advice and tips, even for those law- During the lunch hour, the new law- Kendall Kerew, Monica McCullough and yers who (currently) have no interest in yers were able to dine with experienced Rita Treadwell. opening their own practices. Laurie Du- lawyers and get advice on attending to Two weeks later, on March 10, law- goniths Busbee talked about marketing their mental and physical well-being yers enrolled in TILPP’s Group Mentor- techniques and reminded the group that while working in our stressful profession. ing attended a half-day session to fulfill there are free and low-cost ways to build Following lunch, Chief Justice Harold part of their requirements. This session a presence on the internet. She also dis- Melton brought greetings and encour- was also simulcast to the Bar’s offices in cussed how having a niche practice comes aged the new lawyers to absorb and use all Savannah and Tifton. with its own inherent marketing strategy. they could as they complete the require- The “Networking Through Bar Ser- Rebecca Cummings offered advice on ments of TILPP. Although it may seem vice” panel featured leaders from volun- mentoring and cautioned that lawyers like there are many barriers to fully—and tary bar associations. Christina Baugh should get to know the personalities of finally—enter the profession, one day they (Georgia Association for Women Law- their mentors; not every person wants will look up and realize that they are be- yers), Stephen Scriber (Stonewall Bar As- to mentor via lunch, but they might be ing asked to mentor younger lawyers and sociation), Ricardo Lopez (Georgia His- available for “five-minute mentorships,” speak at CLE seminars. panic Bar Association) and Ryan Walsh a short phone call to answer a question. After Justice Melton’s remarks, (Atlanta Bar) discussed the benefits of be- Tanner Pittman discussed ways to build a State Bar General Counsel Paula Fred- ing an active member of bar associations new law practice and offered a unique tip erick, Will Davis, Jamie McDowell because of the networking, leadership and for getting to know other lawyers: rather and Pete Werdesheim discussed how community service opportunities the or- than ask a lawyer to meet for coffee, of-

2020 APRIL 33 The attendee poll taken during the event revealed the reach of the Beginning Lawyers Program, with in-house and simulcast attendees hailing from across the state and across state lines.

fer to bring coffee to her office and have a 15-minute chat. As a reminder of the importance of networking, each of the panelists stated that most of the referrals they receive come from lawyers. Natalie Kelly, director of the Law Prac- tice Management Program, rounded out the morning by giving an enumeration of State Bar benefits available to mem- bers. She highlighted resources that are particularly helpful to solo and small firm practitioners such as the Private Insur- ance Exchange, Fastcase and the ability to reserve rooms in the Bar Center. The month of March also offers a re- broadcast of the Beginning Lawyers Pro- gram, and after a short reprieve in April, another Group Mentoring session is held in May. TILPP is continually working to offer engaging programs and speakers to the newer members of the Bar. l

Kellyn O. McGee

PHOTO BY KELLYN O. MCGEE PHOTO BY KELLYN Director, Transition Into Law Practice Program Beginning lawyers from across the state and state lines get advice and practical tips during State Bar of Georgia TILPP’s Beginning Lawyers Program. [email protected]

34 GEORGIA BAR JOURNAL

Honor Roll of Contributors: 2019 “And Justice for All” State Bar Campaign for Georgia Legal Services Program

The following individuals and law firms contributed $150 or more to the “And Justice for All” State Bar Campaign for GLSP from 4/1/19 - 2/12/20.

VISIONARIES BENEFACTOR’S Crisis Line & Safe CIRCLE CIRCLE House of Central ($10,000 & UP) ($2,500 - $4,999) Georgia, Inc. American College of Hon. Susan S. Cole R. Alex Crumbley Bankruptcy Foundation Phyllis J. Holmen and Richard H. Deane Jr. Bibb County District Jonathan Hewett Jim and Kay Fleming Attorney’s Office Willis L. Miller III Fountain City Bar Eversheds Sutherland, William H. Stanhope Association LLP and Kristen A. Keirsey Celeste Gaines The Home Depot, Inc. Melody Wilder Wilson David H. Gambrell The Legal Division Terrica Redfield Ganzy of The Coca-Cola PRESIDENT’S Patricia A. “Patti” Company CIRCLE Gorham Marguerite Salinas ($1,500 - $2,499) Daniel P. Griffin Trust Sandra G. Chase Earline L. Ham Outten & Golden, LLP Stephanie Driggers Camille L. Hope and The UPS Foundation, Hon. John T. Laney III Rep. James C. Marshall Inc. Richard C. Mitchell Derek E. Horne The Wilson Family and Susan Kupferberg Linda A. Klein and Foundation Weiner, Shearouse, Michael S. Neuren Weitz, Greenberg Christopher Loebsack PATRON’S CIRCLE & Shawe, LLP Robert E. ($5,000 - $9,999) McCormack III The Geiger EXECUTIVE CIRCLE Jenny K. Mittelman and Foundation, Inc. ($750 - $1,499) William C. Thompson Glustrom Family Anonymous Hon. Margaret H. Foundation Hon. R. Lanier Murphy April K. Neal Anderson III Gretchen E. Nagy Rick and Regina Richard J. Azar Hon. David E. Nahmias Rufolo Dr. Earl and Ansley Kimberly J. Prior Nancy Terrill and Barton Hon. Jill A. Pryor Camp Bacon John P. Batson Ted and Jane Troutman Sanders, LLP and Lisa J. Krisher Robertson Sheryl L. Burke Lynette E. Smith Mr. and Mrs. Charles Darrell L. Sutton D. Carver Jr. Elizabeth V. Tanis Victoria M. Collins Hon. Charles H. Weigle George C. Rosenzweig Morgan W. Bembry Neal K. Daniel Adam T. Goldfein Joel O. Wooten Jr. Alan F. Rothschild Jr. Mary T. Benton Tomieka R. Daniel Frank G. Goldman Frances A. Zwenig Sacred Heart Catholic Church Yahn W. Bernier Matthew D. Danielson Bruce D. Goldstein W. Scott Schulten Brenda J. Bernstein Hon. Marc E. D’Antonio Michael D. Goodman LEADERSHIP CIRCLE J. Ben Shapiro Jr. Donald L. Biola Peter S. Dardi Nancy B. Goodman ($500 - $749) Karen Shelton Hon. Stanley F. Birch Jr. Hugh and Betty Davenport Gregory S. Graham Hon. William P. Adams C. McLaurin Sitton Aisha Blanchard Collins Melissa J. Davey Hon. Kristina C. Graham Paul H. Anderson Jr. Thomas F. Slater Hon. James G. Blanchard Jr. Cedric B. Davis Kimberly W. Grant Gina E. Bailey Rita C. Spalding Piers A. Blewett F.T. Davis Jr. Kristi Graunke Patricia T. Barmeyer John I. Spangler III Bryan W. Bockhop Gilbert H. Davis John W. Greer III William R. Bassett Mary Jane Stewart Hon. Paul W. Bonapfel Randall H. Davis William H. Gregory II Tina G. Battle Hon. Michael B. Stoddard John P. Booth Ronald W. Davis Theodore A. Greve Robert M. Beauchamp Frank B. Strickland R. David Botts Spencer N. Davis Charles C. Grile Lamont A. Belk Bernard Taylor Carol Branham George R. Dean Daryl R. Griswold Mary Beth Boone Daniel R. Tompkins III Brent M. Bremer Peter H. Dean Shelby S. Guilbert Jr. Sam L. Brannen Jr. David F. Walbert John M. Briski Steven J. DeGroot Stephen H. Hagler James J. Breen Patrick and RoseMarie Walsh Richard H. Brody Scott D. Delius Stacey A. Haire Seth D. Bruckner Carol J. Ward Hon. M. Gino Brogdon Amy DeLozier and F. Sheffield Hale Marquetta J. Bryan David A. Webster Harry W. Brown Jr. Kayley R. Stoner Andrew C. Hall Christine P. Bump Daniel E. Wehrenberg Heather D. Brown Hon. Clinton E. Deveaux Hon. Carolyn C. Hall Katharine S. Butler James R. Westbury Jr. Trevor A. Brown Stephen B. Devereaux J. Edward Hall Maureen A. Cahill Monica Wilburn John T. Brownlee Jr. Gregory J. Digel Rebecca A. Hall Leonard M. Cohen Connie L. Williford Angela P. Bryant William D. Dillon Daniel W. Hamilton Cohen & Caproni, LLC James O. Wilson Jr. Lawrence L. Buddoo John T. Dixon Nathaniel F. Hansford Steven M. Collins Michael M. Worth Sandra S. Burgess George P. “Pete” Joshua L. Harbour Keishan J. Davis Jerome A. Zivan Mark G. Burnette Donaldson III Derek J. Hardesty Sharon Dougherty and Tiffany G. Burrell Peter H. Dosik Edward J. Hardin Joseph Iannucci SUSTAINER’S CIRCLE Robert W. Bush Thomas G. Douglass Jr. Walter B. Harvey William M. Dreyer ($250 - $499) Kevin T. Butler Tommy and Louise Duffy Jon-Selby R. Hawk Benjamin P. Erlitz Anonymous (4) Denise Caffrey Julie Edelson and Matthew G. Hawk Sandra J. Evans and M. Sarah H. Adams Susan A. Cahoon Howard Kaplan Charles A. Hawkins II Carson Pease Virgil L. Adams Kevin T. Caiaccio R. M. Edmonds Franklin D. Hayes David L. Forbes Tara L. Adyanthaya Louis T. Cain Jr. Donald P. Edwards Elizabeth K. Haynes Forrest B. Johnson Melinda P. Agee Joel R. Callaway William P. Eiselstein James W. Head & Associates Robert O. Akomah Jefferson C. Callier Margaret P. Eisenhauer Rachael G. Henderson Laverne L. Gaskins Kent B. Alexander Jamie A. Casino A. James Elliott Kenneth M. Henson Jr. Neil J. Ginn Benjamin Allen Robert P. Catlin III Glenn P. Elliott Paul D. Hermann The Gordon Law Firm Pinney L. Allen Jennifer R. Cave Anne S. Emanuel Robert E. Herndon Rebecca L. Grist Robert L. Allgood Jason P. Cerbone William G. Enloe III Wade W. Herring II Andrew J. Grogran Donald R. Andersen John A. Chandler Hon. Edgar W. Ennis Jr. Caroline W. Herrington Jeanne D. Harrison Curtis E. Anderson Daniel C. Chapman III Matthew F. Enslein Salome M. Heyward James I. Hay Margaret L. Argent Michael L. Chapman Douglass K. Farrar Charles and Zoe Hicks Hon. Willis B. Hunt Jr. L. Patricia Arias Socheat Chea James G. Farris Jr. B. Harvey Hill Jr. Jane and Sheldon Jeter William H. Arroyo John P. Cheeley Jonathan M. Fee Megan J. Hilley Sallie R. Jocoy Anson H. Asbury Joseph E. Cheeley III R. Jeffrey Field Daniel F. Hinkel Kenneth Jones Lee S. Ashmore C. Andrew Childers Benjamin C. Findley Inman G. Hodges Sarah O. Jorgensen Susan C. Atkinson Naeemah Clark Thomas L. Fitzgerald Clifford G. Hoffman Patricia M. Killingsworth Bridget B. Bagley Thomas H. Clarke Jr. Hon. Norman S. Fletcher Thomas L. Holder Jason M. King Hon. Jeffrey S. Bagley John L. Coalson Jr. Patrick J. Flinn Melinda C. Holladay Lawrence P. Klamon Emily C. Bagwell Phillip G. Cody Jr. T. Michael Flinn Philip E. Holladay Jr. Allegra J. Lawrence Paul V. Balducci Christopher S. Cogburn Ira L. Foster Melinda S. Holloway William C. Lee III Kirk B. Ballard Katherine M. Cohen Peter A. Fozzard Brenda O. Holmes Charles T. Lester Jr. E. Noreen Banks-Ware Peter M. Cohen Hon. Stephen E. Franzen Denise Holmes John F. Lyndon Juanita P. Baranco Arlene L. Coleman Dorothy B. Franzoni Catherine A. Hora Anderson Leonard T. Marcinko James F. Barger Jr. John R. Coleman Jr. Charles Friedlander Donald S. Horace Suzanne G. Mason Robin N. Bargeron Larry J. Collins Mona J. Friedman Lisa K. Hoskin Joseph Mays Wales F. Barksdale Daniel R. Collopy J. Randall Frost Melissa R. Hourihan Marci W. McKenna Sharon C. Barnes B. Thomas Cook Jr. Heather N. Fugitt David C. Howell Hugh B. McNatt Benjamin F. Barrett Jr. Thomas M. Cook Stephen P. Fuller Gautam Huded Tinsley R. Merrill Hon. Patricia D. Barron Charles M. Cork III Karen C. Gainey Joseph S. Hudson Mike Monahan Donna G. Barwick Steven A. Cornelison W. Wright Gammon Jr. Danielle C. Humphrey Joseph R. Neal Jr. William R. Bassett Jr. Alfred N. Corriere Timothy J. Gardner Ashanti T. Hunt On The Path Children Douglas D. Batchelor Jr. Arturo Corso William C. Gentry Anna I. Hurayt and Family Services Henry R. Bauer Jr. John P. Cowan Michael G. Geoffroy John M. Hyatt Harry A. Osborne Shannon C. Baxter Miles S. Cowan Georgia Association of R. William Ide III Susannah R. Pedigo Robert A. Beard Raymon H. Cox Black Women Attorneys Terry D. Jackson Thomas A. Pogue Hon. Dorothy T. Beasley Cramer & Peavy Kathryn M. Gerhardt J. Scott Jacobson Warren and Pamela Rary Danielle C. Becker George C. Creal Jr. Cynthia L. Gibson Frederick W. Johnson Suzanne Roberts Jacob Beil Terrence L. Croft Scott C. Gladstone George M. Johnson Pamela F. Roper Charles W. Bell Delia T. Crouch Adam M. Gleklen J. Alexander Johnson Joseph A. Roseborough Kevin E. Belle Isle Raymond L. Crowell Shona B. Glink Jonathan W. Johnson Teresa W. Roseborough Frank J. Beltran Thomas W. Curvin Richard G. Goerss Todd M. Johnson

2020 APRIL 37 Weyman T. Johnson Jr. Michael D. McRae Michael S. Reeves Virgil L. Thompson Jr. Rachel M. Bishop Theodore C. Jonas Cynthia B. Mead Albert and Bebe Reichert Jr. Torin D. Togut Barbara L. Blackford Baxter P. Jones Parag M. Mehta Wendell G. Reilly David R. Toraya Willis H. Blacknall III Billy N. Jones C. Robert Melton Jaimi A. Reisz Philip E. Tribble Jeanette H. Blanco James C. Jones III Philip L. Merkel Robert B. Remar C. Christopher Trower David J. Blevins Richard S. Jones Patricia C. Mescher Joycia C. Ricks Karen E. Ubell Daniel D. Bowen Elizabeth R. Jonsson Jamie L. Mickelson Robert E. Ridgway Jr. William F. Underwood III Sandra K. Bowen James B. Jordan Bonnie E. Miller Robert E. Ridgway III Michael C. Urbina-Pabon William A. Bowen Sharon Jordan Martha A. Miller Eric B. Ripper Gregory W. Valpey Christopher L. Brannon Lise S. Kaplan Mary A. Miller Lynn M. Roberson John T. Van Gessel Mario D. Breedlove Robert and Kathleen Katz Terry L. Miller Gail E. Ronan Carl R. Varnedoe Evan J. Breibart Marcus G. Keegan Sara-Ellen Minor Michael D. Rosenbloum Rex R. Veal Brandon G. Bridges Kirk W. Keene John T. Mitchell Jr. Matthew D. Royko Raye A. Viers Stuart L. Brown Michael B. Keene David R. Moore M. Shayla Rumely Bryan C. Villarreal William A. Brown Robert E. Keller III Jonathan G. Moore Michael J. Rust Rose Marie Wade John P. Brumbaugh David S. Kennedy Jr. Lesley R. Moore Robb K. Sallee Homer J. Walker III Katherine L. Bryant Thomas S. Kenney Rebecca C. Moore Julian L. Sanders Susan M. Walls William E. Bubsey Michael G. Kerman Sidney L. Moore III Hon. W. Louis Sands Phillip J. Walsh James B. Bucher James W. Kimmell Jr. Carol E. Morgan Sarah M. Scalia Bryan M. Ward James V. Burgess Jr. F. Carlton King Jr. Neil A. Moskowitz Neil C. Schemm Newton J. Wardlaw IV David M. Burns Jr. James L. King II Kristin W. Murnahan Andrew M. Scherffius III Daniel J. Warren Jeanette Burroughs Kevin W. King Heather E. Murphy Michael G. Schiavone Frederick L. Warren Wade A. Buser William R. King Lesly G. Murray Richard R. Schlueter Hon. Sarah H. Warren Kathlynn L. Butler Dow N. Kirkpatrick II Jeffrey D. Nakrin Gregory G. Schultz Thomas H. Warren Wendy S. Butler Gregory J. Kirsch Michael T. Nations Jason R. Schultz Kirk W. Watkins Glenn T. Cambre Jr. Ruth A. Knox Andrew and Anna Navratil Charity Scott and Wade H. Watson III Portland J. Campanaro Salu K. Kunnatha Marie O. Neese Evans M. Harrell Joseph D. Weathers Manuel S. Campano Anne T. LaMalva Gwyn P. Newsom Laura M. Shamp Collin A. Webb Michael and Mary Casper David A. LaMalva Charles L. Newton II Meredith L. Shearer John P. Webb Hon. Tom and Lulu Kipler S. Lamar James M. Ney Edward M. Shoemaker Mark Weinstein Cauthorn III Hon. Benjamin A. Land Matthew W. Nichols Arnold B. Sidman Robert G. Wellon Douglas A. S. Chalmers Jr. Steven H. Lang Scott F. Norberg Kent E. Silver Ellene Welsh Dwight H. Chamberlin John L. Latham Clare R. Norins John D. Simmons Steven G. Wharton Lisa E. Chang David N. Lefkowitz Elizabeth J. Norman Donald W. Singleton Michael T. Whealy Andres M. Chavez Lawrence J. Lehman Felipe M. Nunez Rita A. Sislen Benjamin T. White Theodore F. Claypoole Dr. Seth N. Leibler Patrick T. O’Connor Clinton W. Sitton Diane S. White Sydney S. Cleland Robert N. Leitch Victoria A. O’Connor Hon. Lamar W. Sizemore Jr. Damon A. Wiener Kristin R. Clyde Richard N. Lenner Christopher J. Osteen and Margaret R. Smith Andy J. Williams Jr. Diana R. Cohen Leonard J. Lescosky Jr. James N. Osteen Jr. Michael B. Smith John T. Wilson Jeffrey J. Cohen Keith D. Leshine Paul W. Painter III Brian G. Smooke Deborah J. Winegard S. Alan Cohn J. Curtis Lewis III Dr. Samuel E. Palmer Edward B. Sobel Bruce A. Wobeck Addi K. Cook Keith L. Lindsay Dianne P. Parker Alison R. Solomon Timothy W. Wolfe Almeta E. Cooper Stephanie R. Lindsey W. Henry Parkman Lawrence S. Sorgen Karen K. Wolter Roy W. Copeland David S. Lipscomb David A. Payne Robert M. Souther Margaret W. Wong Daniel M. Covino George W. Little III Anna W. Pearce Steven L. Sparger W. Scott Wright Eric C. Crawford Tennell Lockett Albert M. Pearson III Richard P. Spencer II Jeff Z. Xie William F. Crozer John B. Long Lee A. Peifer Jesse J. Spikes Hon. Gordon R. Zeese Elizabeth M. Cruikshank Valerie G. Long Craig and Terri Pendergrast Charles T. Staples Kathryn M. Zickert Christine M. Cruse Stephen M. Lore W. Ray Persons E. Dunn Stapleton Robert J. Curylo John R. Lovell Milton L. Petersen David J. Stewart DONOR’S CIRCLE Chloe E. Dallaire Charles W. Lykins Charles E. Phillips Jr. Daniel D. Stier and ($150 - $249) Mawuli M. Davis Daniel I. MacIntyre IV Hon. Herbert E. Phipps Diane M. Sorensen Anonymous (4) Lt. Colonel Christian Hon. Beverly B. Martin Hon. Albert M. Pickett Michael S. Stone Stacey Y. Abrams L. Deichert Gregory S. Martin Brian D. Pierce Meredith W. Struby Elena M. Albamonte Jeffrey W. DeLoach Sheryl J.B. Marzzarella Anna S. Pieschel Michael A. Sullivan Judith M. Alembik V. Robert Denham Jr. Hon. Johnny W. Mason Jr. Carmen V. Porreca Nellie S. Sullivan Robin B. Allen Joseph W. Dent Robert M. Matson Keri N. Powell William P. Sullivan III William S. Allred Sheetal R. Desai James W. Maxson Elizabeth A. Price Meredith W. Sutton Wanda Andrews Diane L. DeShazo Katherine T. Maynard Margaret W. Puccini James J. Swartz Jr. Walter C. Arbery Naeha Dixit Rowena G. McAllister Bryan M. Pulliam Hon. David R. Sweat Margaret P. Ashmore Carmen D. Dodson C. James McCallar Jr. Diane Pye-Tucker Jason W. Swindle Sr. Anthony B. Askew Curtis S. Dornburg Michael J. McConnell Henry M. Quillian III Peter Swire Duff B. Ayers J. Teresa Dorriety Julian B. McDonnell Jr. Margaret M. Quinlan Allan J. Tanenbaum Mike A. Aziz Bryan A. Downs James F. McDonough III Mary F. Radford John A. Tanner Jr. Timothy C. Bailey William W. Downs Angus N. McFadden Lynn Rainey Mark A. Tate S. Carol Baird Lydia A. Doyle Hon. Christopher J. McFadden Marie T. Ransley Gilbert M. Taylor Janice M. Barrocas Lester Z. Dozier Jr. Brad J. McFall David G. Reddick John E. Taylor Hon. William P. Bartles Randall Duncan James R. McGibbon Kimberly A. Reddy Harry R. Tear III Rhonda L. Bass Mitchell D. Durham Anne G. McGlamry Joan S. Redmond Christopher W. Terry Thomas A. Bauer Jesse L. Echols Daniel R. McKeithen Tera L. Reese-Beisbier J. Greg Tharp Rebecca A. Bays Timothy H. Edwards Michael A. McKenzie Jeffrey A. Reeves Elizabeth F. Thompson Nancy E. Bedford Verne J. Edwards Janna B. McNicholas Lisa R. Reeves Larry D. Thompson Peter M. Birnbaum Craig J. Ehrlich

38 GEORGIA BAR JOURNAL Brooks H. Emanuel Brady M. Larrison S. Andrew Shuping Jr. Donald P. Edwards in honor 2019 CAMPAIGN Cheryl A. Featherstun John M. B. Lewis IV Udai V. Singh of C. B. King Jr. COMMITTEE Susan S. Fink Vicki W. Lewis Joseph C. Skalski Hon. Edgar W. Ennis Jr. in Darrell Sutton Sandra and William Flatau Risa L. Lieberwitz Douglas D. Slade Sr. honor of Ronald T. Knight President, State Bar of Georgia Charles C. Flinn Joel I. Liss Charles E. Sloane Terrica Redfield Ganzy in Hon. Kenneth B. Hodges III Timothy W. Floyd Robert K. Long Ann L. Smith honor of the GLSP staff Immediate Past President, Kathleen M. Flynn Georgia K. Lord Christopher R. Smith Terrica Redfield Ganzy in State Bar of Georgia Randolph Frails Jay D. Lukowski Emily M. Smith honor of Rick Rufolo Jeff Davis James D. Garner Darlene Lynch George B. Smith III Wade W. Herring II in Executive Director, Elizabeth A. George Maria J. Mandanas George B. Smith IV honor of Bill Broker State Bar of Georgia Rachele C. Gibson Aaron P. Marks Jon P. Smtih R. William Ide III in honor Brinda Lovvorn Marcia Giddens Alan J. Marks Kenneth R. Smith of Bettye Kehrer and Director of Membership, L. Wayne Gilleland Nina C. Martin Roy M. Sobelson Phil Heiner State Bar of Georgia John M. Gillies Shelly T. Martin Lesley H. Solomon Robert E. McCormack in Robert G. Gingher Arianne E. Mathe’ Lawrence R. Sommerfeld honor of Phyllis Holmen Board of Directors Nancy C. Greenwood M. Faye McCord John D. Sours James M. Ney in honor Georgia Legal Services Gary G. Grindler Sheryl A. McCormick Huey W. Spearman of Sandy Zatcoff Program Divida Gude Stephen H. McElwee George B. Spears Robert Rosenblum in honor We appreciate our donors Jessica J. Hagen Angela K. McGowan Colette R. Steel of Rachel Sasseville and take great care in Craig M. Halperin Roy H. Meeks Jr. Donald J. Stein Rachael Schell in honor compiling Georgia Legal Rebecca A. Haltzel-Haas Louise S. Meller Janet M. Stein of Tomieka Daniel Services Program’s Honor Wilbur G. Hamlin Jr. Garna D. Miller Don E. Stephens Juliet Stephens in honor of Roll of Contributors. If we Allen F. Harris Grant G. Morain John W. Stephenson Jr. the marriage of Callan Wells have inadvertently omitted Robert K. Harris Jessica C. Morris Michael P. Stevens and Nick Stephens your name, we apologize and Scott A. Hart Maria E. Mucha J. Lindsay Stradley Jr. Hon. David Sweat in honor encourage you to contact the Katherine E. Hashimoto Susan K. Murphey Matthew T. Strickland of Wendy Glasbrenner Development Office at 404- Sally Haskins Brian M. Murphy Humera Subhani Nancy J. Whaley in honor 206-5175. Some donors have Gregory K. Hecht Charles C. Murphy Jr. Eldridge Suggs IV of Phyllis Holmen requested anonymity. Gifts Jack J. Helms Jr. Rhudine Nelson Cason C. Swan to the Georgia Legal Services Daniel L. Henderson Gregory S. Ness Col. Francine I. Swan MEMORIAL GIFTS Program are tax-deductible to W. Rowland Heyward Leslie A. Oakes Mike Tafelski Henry R. Bauer Jr. in the fullest extent allowed by Ronald L. Hilley Rebeca M. Ojeda Eric A. Tanenbaum memory of Jeff Bramlett law. To make a contribution, Ralph M. Hinman III David E. Oles Hon. Coy H. Temples Claire and Jacob Beil in go to www.glsp.org and Walter H. Hinton II Stephen A. Opler Scott A. Thomasson memory of Burnette Welsh click on “Get Involved,” or Foss G. Hodges Gregory T. Ourada Jeffrey J. Toney John P. Booth in memory of mail your check to Georgia Amanda L. Hodgson Alon Panovka Rebecca G. Townsend Hon. William J. Forehand Legal Services Program, David R. Hodnett Tamila W. Parker Jill A. Travis Carol Branham in memory Development Office, 104 John H. Holdridge Hal B. Parkerson Stanley J. Turner of Hon. Frank S. Cheatham Marietta St. NW, Suite 250, April L. Hollingsworth W. Russell Patterson Jr. Unitarian Universalist Hon. and Ms. Tom and Lulu Atlanta, Georgia, 30303. David S. Hollingsworth Amanda Perez Church of Savannah Cauthorn in memory of Thank you for your support. Justin S. Hollingsworth James A. A. Pierre Richard K. Valldejuli Jr. Hon. G. Conley Ingram William S. Holman II Nicholas J. Pieschel Leon A. Van Gelderen Hon. Kenneth B. Followill in Georgia Legal Services Kristin K. Howard Frederic H. Pilch III Ann M. Vaughan memory of Burnette Welsh Foundation, Inc.® David L. Hudgins Elizabeth S. Pitts Steven O. Vondran Catherine Gaylord in Building a Foundation David E. Hudson Adrienne W. Radulovic Christopher A. Wagner memory of Michael Krzys for Justice Laura S. Huffman Andrea Ramirez Leon Jihan E. Walker Thomas L. Holder in The Georgia Legal Franklin D. Hughes Jr. Joshua D. Rand Joshua D. Walker memory of Burnette Welsh Services Foundation was Noel O. Ingram Vance O. Rankin III Robert L. Walter David E. Hudson in incorporated in 1997 as Hon. Sylvia L. Ingram Theresa K. Read Donald T. Wells Jr. memory of Sarah Craig an independent 501 (c)(3) Celia H. Irvine John D. Reeves Peter Werdesheim R. O. Lerer in memory of nonprofit organization Heather L. James Steven M. Reilly Nancy J. Whaley Hon. Stephen Goss with a primary mission to Tanya D. Jeffords Nancy L. Richardson Eric C. White Philip L. Merkel in memory build an endowment for the Cheryl L. Jenkins Michael A. Rogovin David S. Wilkin of Judy Bacot and future of the Georgia Legal John S. Jenkins Howard A. Rosenberg Stacy B. Williams Betrotha Harris Services Program. William R. Jenkins Robert Rosenblum Chandra L. Wilson Gwyn Newsom in memory Allison C. Jett James E. B. Sanders Edwin A. Wilson of Burnette Welsh JUSTICE BUILDERS Kane St. John Mark W. Sanders Jr. Robert E. Wilson Col. and Mrs. Robert and ($1,000 & Up) D. Richard Jones III Matthew J. Sandiford Stephen L. Wright Anastasia Poydasheff and Anonymous (4) Lewis B. Jones Daniel J. Saxton Carla E. Young Johnnie Shilden in memory Robert L. Allgood Molly M. Jones Mark and Kathy Schaefer Norman E. Zoller of Burnette Welsh Joel S. Arogeti Steven N. Jones Steven E. Scheer J. Ben Shapiro in memory of Mr. and Mrs. R. Donald J. Jordan Rachael B. Schell HONORARIUM GIFTS Hon. G. Conley Ingram Lawrence Ashe Jr. Donald W. Jordan Robert W. Scholz Anonymous in honor Hon. Lamar W. Sizemore Alice H. Ball Ronald I. Kaplan Nyonnohweah S. Seekie of Joel Fisher Jr. in memory of Lamar W. Mr. and Mrs. Joseph R. Bankoff Lisa S. Keyes Leslie A. Shad Hon. William P. Adams in Sizemore Sr. Patricia T. Barmeyer Tracie L. Klinke Richard M. Shafritz honor of Tomieka Daniel Jesse J. Spikes in memory The Barnes Law Group, LLC Bob and Lynn Koch John H. Shaner Judith Alembik in honor of Robert Lee and Nellie Dr. Earl and Ansley Barton Neil J. Konn Stanton J. Shapiro of Gary Alembik Maude Spikes James L. Bentley III Myron N. Kramer Marta S. Shelton Patricia Copeland in honor Hon. Michael Stoddard in Jean Bergmark Sid M. Kresses Rebecca Shepard of Tomieka Daniel memory of Fred Bentley Sr. Lynne Borsuk and Marc R. Labgold Jonathan Shoenholz Hon Marc E. D’Antonio in Michael Worth in memory Robert Smulian Patrick L. Lail Ann A. Shuler honor of Paul Kauffmann of Patty Daniel

2020 APRIL 39 James W. Boswell III JUSTICE PARTNERS William T. Bennett III Judy Glenn Stanley M. Lefco Bouhan Falligant, LLP ($500 - $999) Bentley, Bentley & Bentley Yvonne K. Gloster Esther and Kristian Phil Bradley and Cathy Harper Anonymous (2) Harvey G. Berss Morton J. Gold Jr. Leibfarth James J. Breen Aaron I. and Judith Paula L. Bevington Alan B. Gordon Zane P. Leiden William A. Brown M. Alembik Terry C. Bird John L. Gornall Jr. R. O. and Mary C. Lerer Mr. and Mrs. Aaron Renee C. Atkinson Evan J. Black Kevin R. Gough Lightmas & Delk L. Buchsbaum JWP Barnes Martin J. Blank Mark P. Grant Jack N. Lincoln Sheryl L. Burke Henry R. Bauer Jr. David J. Blevins Thomas S. Gray Jr. Jeannine Lowery Business Law Section of the Lamont A. Belk Charles and Lisa Bliss Gary G. Grindler J. Rodgers Lunsford III State Bar of Georgia Hubert J. Bell Jr. Marcia W. Borowski Divida Gude Herman O. Lyle Thalia and Michael C. Paul R. Bennett Edward E. Boshears Cheryl L. Haas Dennis J. Manganiello Carlos Foundation, Inc. Wendy C. Breinig Ralph T. Bowden Jr. Stephen H. Hagler Edwin Marger John Chandler Mary Jane Cardwell Rosemary M. Bowen Nedom A. Haley Andrew H. Marshall James A. “Jock” Clark and Randall A. Constantine Thomas A. Bowman J. Edward Hall H. Fielder Martin Mary Jane Robertson J. Michael Dover Barbara S. Boyer Warren R. Hall Jr. Raymond S. Martin David H. Cofrin John H. Fleming John H. Bradley Christopher Harrigan F. P. Maxson Steven M. Collins Kevin B. Getzendanner Daryl Braham Deborah H. Harris James McBee Harold T. “Hal” Daniel Jr. Forrest B. Johnson Thomas B. Branch III Kirk E. Harris Elizabeth L. McBrearty Benjamin S. Eichholz, P.C. Mary and Richard Katz Dianne Brannen Jeanne D. Harrison Hon. and Mrs. Gil J. Melvin England Rob and Kathleen Katz Bill Broker Alexsander H. Hart McBride III James C. Fleming Paul S. Kish Brooks Law Firm Karen G. Hazzah M. Faye McCord John P. Fry William H. Kitchens The Brown Firm, LLC Gregory K. Hecht Robert L. McCorkle III David H. Gambrell Leslie and Judy Klemperer George E. Butler II Philip C. Henry James T. McDonald Jr. Ben and Michele Garren Jr. Rita J. Kummer John D. Carey Kenneth M. Henson Jr. Jane S. McElreath Edward J. Hardin James H. Lokey Jr. John R. Carlisle Mr. and Mrs. Andrew Hon. Christopher J. McFadden Harris & Liken, LLP John F. Lyndon Thomas D. Carr M. Hepburn Jr. James B. McGinnis Phyllis J. Holmen and Celeste McCollough Hon. Edward E. Carriere Jr. Sharon B. Hermann Michael C. McGoff Jonathan Hewett Jane and Randy Merrill Nickolas P. Chilivis Chris Hester McKenney & Jordan HunterMaclean Caitlin Miller Edward B. Claxton III Jeffrey F. Hetsko Hon. Jack M. McLaughlin R. William Ide III Jenny K. Mittelman and T. Kellker Cobb Charles F. Hicks Merrill & Stone, LLC Inglesby, Falligant, Horne, William C. Thompson James H. Coil III Jon E. Holmen Metropolitan Regional Courington & Chisholm, P.C. Amber L. Nickell Arlene L. Coleman Matthew A. Horvath Information System, Inc. Mary B. James The Oldenburg Law Firm Mary C. Cooney Huff Family Michael S. and Peggy D. Wesley Jordan Hon. George and Anne Peagler Hon. Lawrence A. Cooper Edward M. Hughes Meyer Von Bremen Paul Kilpatrick Jr. Carl S. Pedigo Jr Philip B. Cordes Hon. Carol W. Hunstein Garna D. Miller Mr. and Mrs. Lawrence and Kathy Horne Hon. John D. Crosby Cindy Ingram Martha A. Miller P. Klamon J. Robert Persons Robert M. Cunningham Initial Public Offering Simon A. Miller Linda A. Klein and Steven L. Pottle John D. Dalbey Securities Litigation Terry L. Miller Michael S. Neuren Hon. Jill A. Pryor Dalton Regional Office Hon. James T. Irvin C. Wingate Mims Catherine E. Long Robert B. Remar of the Georgia Legal Hon. Phillip Jackson John T. Minor III Willis L. Miller III Udai V. Singh Services Program Cathy Jacobson R. Carlisle Minter Roger E. Murray Lynn Smith Thomas A. David J. Scott and Tanya Jacobson Mitchell & Shapiro, LLP Gretchen E. Nagy J. Lindsay Stradley Jr. Hugh M. Davenport Jackson & Schiavone Jay D. Mitchell Charles L. Newton II UNUM Group Thomas C. Dempsey Jaurene K. Janik Ann Moceyunas Kenneth S. Nugent, P.C. Patrick F. Walsh Joseph W. Dent Dallas P. Jankowski H. Bradford Morris Jr. Lynne R. O’Brien David D. and Melody Mary Irene Dickerson W. Jan Jankowski William A. Morrison Patrick T. O’Connor Wilder Wilson Gregory J. Digel Weyman T. Johnson Jr. Diane M. Mosley Mary Margaret Oliver Ellene Welsh Robert and Joan Dokson Howard H. Johnston James B. Muhlbach Thomas E. Prior Bob and Lynda Wilson John L. Douglas Jones & Swanson Jerold L. Murray Hon. Mae C. Reeves J. Michael Dover Jane M. Jordan The National Association Robbins Geller Rudman DONORS Lester Z. Dozier Jr. Lise S. Kaplan of Realtors & Dowd, LLP (Gifts up to $499) Dozier Law Firm, LLC Mary and Richard Katz NAR Legal Affairs Alan F. Rothschild Jr. Anonymous (9) DuBose Law Group, LLC Melinda M. Katz James A. Neuberger Sanford Salzinger Anthony H. Abbott Terri H. Duda Lisa Kennedy William S. Ortwein J. Ben Shapiro Jr. Bettye E. Ackerman Kathryn Durham, J.D., P.C. Robbman S. Kiker Linda Ann Pace Silver & Archibald, LLP Evan M. Altman Randy J. Ebersbach Vicky Kimbrell Rakesh N. Parekh, PC Ethelyn N. Simpson Miles J. Alexander Robert G. Edge Jeff S. Klein A. Sidney Parker Hon. Philip C. Smith Peter J. Anderson William A. Erwin Jonathan I. Klein Mr. and Mrs. Dianne Charles W. Surasky Wanda Andrews Roslyn Falk Simone V. Kraus P. Parker Darrell L. Sutton Janet M. Ansorge J. Daniel Falligant Hon. Phyllis A. Kravitch John P. Partin Sutton Law Group, LLC Anthony B. Askew William H. Ferguson Alex Kritz G. Cleveland Payne III, PC Michael H. Terry Cathy and Bucky Askew Karen J. Fillipp Edward B. Krugman Cathy Peterson Randolph W. Thrower Bruce and Lisa Aydt Thomas M. Finn Harry S. Kuniansky Hon. Albert M. Pickett William A. Trotter III S. Carol Baird Daisy H. Floyd Steven J. Labovitz Loretta L. Pinkston Thomas W. Tucker Michelle R. Barclay Ira L. Foster L. Robert Lake John L. Plotkin Weissman, Nowack, Kathleen Barksdale Samuel A. Fowler Jr. Kipler S. Lamar Linda L. Holmen Polka Curry & Wilco, P.C. Robert A. Barnes Paula J. Frederick Clifford S. Lancey Robert and Donna Pollet William F. Welch Charles H. Battle Jr. Christine A. Freeman Eleanor C. Lanier Jeffrey N. Powers Derek J. White Hon. T. Jackson Bedford Jr. Gregory L. Fullerton Joseph Lannucci Thompson T. Rawls II Diane S. White William G. Bell Jr. Peter B. Glass Allegra J. Lawrence Michael S. Reeves Timothy W. Wolfe Kevin E. Belle Isle Susan H. Glatt Gregory G. Lawton Clinton D. Richardson Hon. Martha K. Glaze Hon. Kelly A. Lee Ritter Law Firm, LLC

40 GEORGIA BAR JOURNAL Timothy D. Roberts Mark Wilcox Hon. Dorothy T. Beasley Floyd C. and Charlotte J. UPS Richard B. Roesel Robert J. Wilder David H. Bedingfield Hale in honor of David F. Walbert Carmen Rojas Rafter Frank B. Wilensky Lamont Belk Phyllis J. Holmen M. Ellene Welsh James H. Rollins Paul C. Wilgus Hubert J. Bell Jr. Hon. Tommy R. Hankinson Sally Westmoreland in Charles L. Ruffin Kathryn B. Wilson Robyn Benkendorf Edward J. Hardin honor of Phyllis Holmen David A. Runnion Norman D. Wilson William T. Bennett III J. Madden Hatcher Jr. Robert E. and Lynda W. Dorothy W. Russell William N. Withrow Jr. Mary Beth Boone Phyllis J. Holmen and Wilson in honor of Hon. Richard B. Russell IV Leigh M. Wilco and Lynne Y. Borsuk Jonathan Hewett Marvin Shoob Phillip B. Sartain Carolyn C. Wood James W. Boswell III in The Home Depot Bruce A. Wobeck Christopher G. Sawyer Hugh M. Worsham Jr. honor of Phyllis Holmen Foundation Russell T. Woodson Otis L. Scarbary Brian D. Wright Bouhan Falligant, LLP Kathleen Horne Cathy L. Scarver Hon. Lawrence D. Young Ralph T. Bowden Jr. Stafford W. Huff Georgia Legal Services Alan Schlact Daniel D. Zegura Phillip A. Bradley in honor HunterMaclean Foundation Bryan D. Scott Norman E. Zoller and memory of Nat Rackett R. William Ide III in honor Board of Directors Claude F. Scott Jr. Jennifer Calvert of Bettye Kehrer and Edward J. Hardin, President Janet C. Scott HONORARIUM GIFTS Thalia and Michael C. Phil Heiner Lynne Y. Borsuk, Martin J. Sendek (2018-2019) Carlos Foundation, Inc. Cynthia L. Jernigan and Secretary/ Treasurer Mark A. Shaffer George W. Darden in John Chandler and Beth Tanis Frank “Chip” Love III in Joseph R. Bankoff Hon. Marvin H. Shoob honor of Charles Byrd Elsie R. “Dolly” Chisholm honor of Frank Love Jr. Patricia T. Barmeyer Ann A. Shuler Floyd C. and Charlotte J. James A. “Jock” Clark & Jane H. Jeter James W. Boswell III Viveca Sibley Hale in honor of Mary Jane Robertson Walter Jospin and Hon. Phillip A. Bradley Silvis, Ambrose Phyllis J. Holmen The Legal Division of Wendy Shoob Paul T. Carroll III & Lindquist, P.C. The Coca-Cola Company Carlton E. Joyce James A. “Jock” Clark Douglas K. Silvis CAPITAL CAMPAIGN The Coca-Cola Foundation Mary and Richard Katz Harold T. “Hal” Daniel Jr. John E. Simpson DONORS Joseph D. Cooley III Robert and Kathleen Katz C. Ben Garren Jr. George B. Smith The Georgia Legal Services Jackson L. Culbreth Leslie P. Klemperer Kathleen Horne Rebecca S. Stone Smith (GLS) Foundation launched a Harold T. “Hal” Daniel Jr. Stanford N. Klinger Allegra J. Lawrence Jay I. Solomon $1,000,000 capital campaign in William T. Daniel Jr. in R.O. and Mary C. Lerer in Evelyn Y. Teague David N. Soloway January 2017, in recognition honor of Bill Broker memory of Hon. Marvin Thomas W. “Tommy” Tucker John D. Sours of the Foundation’s 20th an- Connie and Glen Darbyshire Shoob Thomas A. Spillman niversary, and in honor of the George W. Darden in Charlie T. Lester Jr. We appreciate our donors State Bar of Georgia late Senior U.S. District Court honor of Charles Byrd Frank Love III in honor of and take great care in Mason W. Stephenson Judge Marvin Shoob. Judge Dean S. Daskal and Frank Love Jr. compiling the GLS Michael P. Stevens Shoob awarded a $1,000,000 Rebecca J. Miller in memory L. Joseph “Joe” Loveland Jr. Foundation’s Honor Roll Hon. Michael B. Stoddard cy pres to the Georgia Legal of Frank Love Melanie L. Marks and of Contributors. If we have Joseph F. Strength Services Program in 1996 for Randall H. Davis Joseph M. Gannam inadvertently omitted your Strickland Brockington the purpose of establishing an Tracey L. Dellacona in C. James McCallar Jr. name, we apologize and Lewis, LLP endowment to fund the long- memory of Ms. Jean Peets Hon. Jack M. McLaughlin encourage you to contact C. Deen Strickland term stability of the organiza- Delta Air Lines, Inc. and the Willis L. Miller III the Development Office at Jay L. Strongwater tion. For more information Delta Law Department James M. Ney 404-206-5175. Some donors David R. Sweat about the capital campaign, Robert and Joan Dokson in Amber L. Nickell have requested anonymity. Robert E. Talley please contact the Development memory of Hon. Marvin Lynn R. O’Brien Gifts to the GLS Foundation Jeffrey D. Talmadge Office at 404-206-5175. Shoob and Elizabeth Neely Patrick T. O’Connor are tax-deductible to the Susan C. Tarnower Sharon E. Dougherty Mary Margaret Oliver fullest extent allowed by law. Jackie Taylor Anonymous (7) J. Michael Dover Oliver Maner, LLP To make a contribution, William M. Tetrick Jr. Anthony H. Abbott Ellis, Painter, Ratterree Hon. William H. (Bill) go to www.glsp.org and G. William Thackston Judith M. Alembik in & Adams, LLP Orrick III and Mrs. click on “Get Involved” Dale L. Thompson memory of Aaron I. Alembik Roslyn S. Falk Caroline F. Orrick to designate your gift to Daniel R. Tompkins III Mr. and Mrs. Miles J. J. Daniel Falligant Donna Pollet the GLS Foundation. Or, William L. Tucker Alexander in memory of David H. Gambrell Alan F. Rothschild Jr. mail your check to Georgia Leslie W. Uddin Hon. Marvin Shoob C. Ben Garren Jr. Richard B. Russell IV Legal Services Foundation, Frederick D. Underwood Joel S. Arogeti in memory Bruce H. and Alan Schlact Development Office, 104 Joseph M. Ventrone and of Hon. Marvin Shoob Shelly S. Gaynes David N. Soloway Marietta St. NW, Suite 250, Jeanne Broyhill Todd Baiad and Anne Georgia-Pacific Strickland Brockington Atlanta, Georgia, 30303. Jennifer B. Victor Allen Westbrook Foundation, Inc. Lewis, LLP in memory Rose Marie Wade Mr. and Mrs. Joseph Jerry L. Gentry of Frank Love Jr. Christopher A. Wagner R. Bankoff Hon. Martha K. Glaze JoAnne P. Stubblefield Hon. Ronit Z. Walker Kathleen Barksdale Yvonne K. Gloster Evelyn Y. Teague Thank you for Walker Wilcox Matousek, Patricia T. Barmeyer Gray Pannell & Woodward, Dale L. Thompson LLP Hon. LLP Kwame Lateef Townes and your support. Carol J. Ward Dr. Earl and Ansley Barton Robert Goldstucker Nall Keishan J. Davis Brian W. Wertheim Henry R. Bauer Jr. in & Miller, LLP William A. Trotter III Sally S. Westmoreland memory of Jeff Bramlett C. Scott and Allyson Greene Thomas W. Tucker Brian K. Wilcox Bart Turner

2020 APRIL 41 GBJ | Georgia Lawyer Spotlight

tence, but I started thinking about what we do with that person when he gets out of prison in 10 years. He is going to get out of prison. He will by then be a gang member. He’ll have no education. He’ll have no job skills. That means there’s going to be another victim. And unless he kills somebody, he is going to get out again, and you’re likely going to have an- other victim. I thought about finding a way to turn some of this around. We figured out we could put defen- PHOTO PROVIDED BY FULTON COUNTY SUPERIOR COURT BY FULTON PHOTO PROVIDED dants on bond in the program for a period A Conversation with of time and have proven themselves to the district attorney. That gives the district at- Hon. Shawn LaGrua torney a little more comfort in taking an armed robbery charge to a robbery charge In this installment of the Georgia Lawyer Spotlight, where I actually have some discretion. Editorial Board Member Jacob E. Daly interviews People in the program have to come Fulton County Superior Court Judge Shawn LaGrua. to court every month, and they have to BY JACOB E. DALY be in school, either in high school or in a GED program. They have to be employed when appropriate; they have to bring me Why did you want to become a judge? which you have described as “probably the their report card. They have to maintain I never thought about becoming a judge best thing I’ve ever done professionally.” a B average unless somebody tells me seriously until about eight months to a Tell us about this program and why it is so they’re incapable of doing it. They have year before I was appointed. I’d been a important to you. to read for 30 minutes a day in addition prosecutor most of my career, but then I became a felony prosecutor straight out to their schoolwork. These are kids that I was at the Secretary of State’s office and of law school in DeKalb County. Back didn’t grow up reading. They have to was doing a lot of administrative law, then, and this is anecdotal from my ex- write one-page book reports. I require election law, licensing law and securi- periences over 20-plus years, the average them to be handwritten because I don’t ties law. I was ready to get back into the violent criminal was probably 19-21 years want them on the computer cutting and courtroom, so when I saw an opportunity old and had dropped out of school in the pasting. I want to see how they progress to be on the trial bench, I decided I’d ap- 11th grade, and that was when we did not and whether they can spell and write. ply, and I was fortunate enough to get it. have near the violence or the gang activ- They have to get drug tested, and they But I was not one with a lifelong dream of ity that we’re dealing with today. When I have curfews. They don’t get out of the being a judge. I loved prosecuting cases. took the bench, the violent criminals were program until they have a high school di- as young as 14. I am not going to tell you ploma or a GED and are in either college Shortly after you became a judge, you cre- that a 10-year minimum mandatory on or a trade. They have to be drug free for ated the “My Journey Matters” program, armed robbery is not an appropriate sen- at least a year.

42 GEORGIA BAR JOURNAL We realized early on that this was about go out and kill somebody. If we have a 30 two things that are missing in their lives. percent success rate, which I think is be- One, there are no expectations or account- yond conservative, but for the sake of what ability for these folks. Two, there is no you’ve asked me, think about the lives that praise. So, you start setting expectations and have been changed. Not just the defen- then praising them. You’d be shocked to see dants who now are working, taking care these kids come running in here when they of their families, paying taxes and saving us get their GED or their high school diploma. $20,000 a year in incarceration costs, but They are so proud of something they never also the intangibles, such as not having thought they’d accomplish. more victims. I think it’s worth the risk. The goal is for them not to come back into the system. They’re going to be pro- Is there anything about being a judge that ductive members of our community. keeps you up at night? They’re going to take care of their fami- I’ve gotten to a point, especially with the lies. They’re going to work. They’re going My Journey Matters program, where if I to buy a house. They’re going to buy a car. impose a sentence, I am comfortable with They’re going to do things that we think it. Part of that is having been a prosecutor of as the American dream, and it’s been because 80 percent of my time in court is working. The city of Atlanta has even for criminal cases, so it’s not foreign to me. hired some of these folks, knowing their criminal histories. Until recently, you were a member of About four years ago, then-Deputy Gov. Kemp’s Judicial Nominating Commis- Chief of Police Erika Shields got inter- sion. What does the JNC look for in judicial ested in the program, and she got a fed- candidates on behalf of the governor? eral grant to have three police officers as- I think it is looking for folks that come signed to my courtroom. These officers go with the right temperament, the right to the participants’ homes and schools to reasons for wanting to be a judge and rel- check on them. They go to birthday par- ties and take them on field trips. They’ve taken them to the Civil Rights Museum, the Rialto Theater, Hawks games, Falcons games, the Black College Football Hall of Fame, all kinds of things. They mentor and counsel these young folks. Clearly, if somebody does something really bad, they have an obligation to report it to the court, but they are not out there trying to catch them doing something wrong. They don’t talk to them about their cases. Imagine the narrative in this country if you could rep- licate this program and show police offi- “You’d be shocked to see these kids come cers having good relations with the at-risk running in here when they get their GED or community that they’re policing. They are like family, these kids and their high school diploma. They are so proud their families, are like family to me. of something they never thought they’d How do you respond to the critics who say accomplish . . . . They are like family, these you shouldn’t give people who’ve committed violent crimes a second chance? kids and their families, are like family to me.” They may be right. It can be risky. I am not sure how you catalog success in a program like this, because it doesn’t matter where you are in the criminal justice system, you can’t predict what somebody is going to do. You could have a shoplifter that could

2020 APRIL 43 “. . . we have to make difficult decisions. When we do, one side or the other or both are not going to be happy. That’s just the reality of the job.”

evant experience. The members have to There has been a lot of controversy in Fulton quality-of-life crimes are much more im- keep in mind the philosophies of the gov- County recently about the so-called revolv- pactful to them than a murder case, but ernor because it’s his JNC, but the process ing door at the courthouse for criminals. if I have a shoplifter in jail and a murder is not nearly as political as some people Blame has been directed at the judges, the defendant in jail, which one should I be think. The JNC really strives to make prosecutors and the police. Is this an incor- addressing? I don’t know that there’s an good choices to send to the governor, and rect perception, or is there a problem some- easy fix or an easy answer. I think we I think it’s been successful at that. where in the system that needs to be fixed? don’t have resources for certain things. I think there’s plenty of blame to go It’s a complicated issue. It’s easy to You are now the president of the Council of around, and I am not sure blame is point the finger at whoever, and I don’t Superior Court Judges, and when you were necessarily the right word. It’s a very believe in doing that. There is a lot of president-elect you said that you wanted to complex problem. There is a tension blame to go around, and maybe we should make sure every superior court judge in the between trying to get too many people figure out how to fix the problem instead state has a staff attorney, increase the pay that are in jail out, and to keep in the of pointing fingers at each other. of staff attorneys and rewrite part of the offenders that need to be there. We pattern jury instructions. Where do those have been working with the magistrates Is there anything about judges that you wish issues stand now? here to address some of the issues that lawyers had a better understanding of? We have asked for 10 more staff attor- have come up with bond. I think there One is that we have to make difficult neys from the Legislature. Historically, are times when some of the coverage is decisions. When we do, one side or the we’ve gotten about half of what we asked fair. I think sometimes the whole story other or both are not going to be happy. for, so we are still about five years away doesn’t get told. That’s just the reality of the job. Another from getting to that goal, but we’re mov- If somebody has been arrested five is that I wish they would remember we’re ing in that direction. There were a bunch times in the last eight years, if the case human. We have our good days and our of questions when I was testifying before hasn’t been processed through and bad days just like everybody else, and if the Senate Appropriations Committee brought to me, I can’t do anything about we have a bad day, we probably don’t about the compensation for staff attor- somebody being arrested. Now if some- mean it personally. l neys being lower than a brand new assis- body is in front of me for a bond and tant solicitor-general. The jury instruc- they’ve been arrested four times in the last tions rewrite is in progress. We had our four months, and somebody keeps letting Jacob E. Daly is of counsel first couple of charges that we discussed them out on bond, I think that’s a rational with Freeman Mathis & Gary, at our winter conference. I expect by thing for me to look at. But if somebody LLP, in Atlanta and a member our July conference, we will have some hasn’t been convicted of something that of the Georgia Bar Journal significant changes. This is a multi-year they were arrested for five years ago, that Editorial Board. He represents project. We are starting with criminal and does not lie at the judge’s feet. Where private companies, government entities then moving to civil. I read some of the does it lie? I don’t know. and their employees in personal injury charges and I don’t know what they mean, So I don’t know that there is any one litigation with a focus on defending and we are giving them to lay people. It entity to blame. We need to have a good property owners, management seems like we should be able to put them conversation with the parties involved. companies and security companies in in plain English. It’s funny because to a neighborhood, premises liability lawsuits.

44 GEORGIA BAR JOURNAL “And Justice for All” State Bar Campaign for the Georgia Legal Services Program® (GLSP) Will You Help Close the Justice Gap in Georgia?

Bob is a high school student hoping to be the rst in his family to graduate. But, his mother put those aspirations at risk by charging bills in his name and refusing to pay. Bob decided to live temporarily with a family in another county who o ered to help him. However, the school refused his enrollment forms. A search for legal help brought them to the Georgia Legal Services Program. A GLSP lawyer contacted the school requesting they classify Bob as a homeless student under the McKinney-Vento Homeless Assistance Act which requires immediate enrollment for homeless youth. Bob was enrolled in time for the rst week of classes and is on track to graduate. GLSP’s mission is to provide civil legal services for persons with low incomes, creating equal access to justice and opportunities out of poverty. Younger lawyers from the State Bar of Georgia founded GLSP in 1971. Give to the Georgia Legal Services Program at www.glsp.org. Thank you for your generosity and support! “And Justice for All” State Bar Campaign for the Georgia Legal Services Program®

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.

Ten (10) GLSP o ces outside metro Atlanta serve 154 of Georgia’s 159 counties. Your gift makes a di erence! TO PLACE AN ANNOUNCEMENT Bench Contact Amber Rikard | [email protected] | 404-527-8736 &Bar

Kudos Morris, Manning & Martin, LLP, announced Adams and Reese LLP announced that the firm was named a that partner Daniel Huynh received the 2020 service partner of AiRXOS, part of GE Aviation and a lead- Emerging Leader Award from the Southeast ing provider of Unmanned Traffic Management (UTM) Region of the Anti-Defamation League (ADL) solutions, in an expansion of its Air MobilityTM Platform for his advocacy efforts on behalf of immigrants Ecosystem. Adams and Reese is one of 12 Unmanned Aerial across a broad range of humanitarian and legal System technology and service partners to AiRXOS through- issues, and other pro bono work. ADL is the world’s leading out the United States that partners with the company to help anti-hate organization in exposing extremism, delivering anti- develop and advocate for the adoption of compliant, safe and bias education and fighting hate online. extensible UTM solutions for states, government agencies and enterprise organizations. Smith, Welch, Webb & White, LLC, announced that Scott May- field was appointed municipal On the Move court solicitor and Elizabeth O’Neal was appointed assistant IN ATLANTA municipal court solicitor by the Krevolin & Horst, LLC, announced MAYFIELD O’NEAL Griffin Board of Commissioners. the election of Michael Karamat and Wesley Turner to partner and Attorney Peter T. McCary announced his com- the addition of Daniel Alfino, Sada

mission as a first lieutenant in the U.S. Army KARAMAT TURNER Bâby, Kana Caplan and John Wisi- Reserve and graduation from the 209th Judge ackas as associates. Karamat’s prac- Advocate Officer Basic Course at The Judge tice focuses on corporate finance Advocate General’s Legal Center and School in transactions, including structured Charlottesville, Virginia. McCary achieved the financings, acquisition financings distinctions of Honor Graduate and Commandant’s List, and and asset-based financings. Turn- received the award for Distinguished Achievement in Contract er focuses his practice on acquisi- and Fiscal Law. McCary serves in the U.S. Army Reserve’s 12th ALFINO BÂBY tions, divestitures, development Legal Operations Detachment. and investment activities for multi- family housing, retail, commercial Nelson Mullins Riley & Scarborough LLP an- and industrial property. Alfino’s nounced that associate Amy Cheng was named a practice focuses on a wide range member of the 2020 class of Pathfinders. Cheng of transactional fields, including

will participate in the program designed by the CAPLAN WISIACKAS venture capital and private equity Leadership Council on Legal Diversity (LCLD) investment, banking and secured to train diverse, high-performing, early-career finance, mergers and acquisitions, joint ventures, real estate attorneys in critical career development strategies, including purchase and leasing, and technology and software licensing. leadership and the building of professional networks. The Bâby focuses her practice on a variety of complex business LCLD Pathfinder Program offers participants intensive in- litigation matters. Caplan’s practice focuses on a wide range of person training, online experiential learning and opportunities complex business litigation, including disputes relating to busi- to network with peers and LCLD fellows and alumni in small ness divorce, non-compete agreements, business torts and con- group gatherings. tracts. Wisiackas focuses his practice on business law, including entity formation, mergers, acquisitions and corporate finance transactions. The firm is located at One Atlantic Center, 1201 W. Peachtree St. NW, Suite 3250, Atlanta, GA 30309; 404-888- 9700; Fax 404-888-9577; www.khlawfirm.com.

46 GEORGIA BAR JOURNAL Merchant & Gould P.C. announced the election Shook, Hardy & Bacon LLP announced that part- of Loretta L. Freeman to partner. Freeman’s ner John Lewis Jr. has returned to Atlanta and is practice focuses on trademark clearance and reg- now resident in the firm’s Atlanta office. Lewis’ istration, and enforcement, patent prosecution practice focuses on business litigation, bank- and preparation of opinions on patentability and ruptcy, compliance, investigations and diversity validity. The firm is located at 191 Peachtree St. consulting. The firm is located at 1230 Peachtree NE, Suite 3800, Atlanta, GA 30303; 404-954-5100; Fax 612- St. NE, Suite 1200, Atlanta, GA 30309; 470-867-6000; Fax 470- 332-9081; www.merchantgould.com. 867-6001; www.shb.com.

Alston & Bird LLP announced the James-Bates-Brannan-Groover- election of Alexander G. Brown, LLP announced the addition of Maki DePalo, Jonathan D. Par- Morgan S. Ownbey and Adam J. ente, David S. Park, Amber Pelot, Wittenstein as associates. Own- Andrew Sumner, Kyle R. Woods bey’s practice focuses on business and Charles R. Yates III to partner. and corporate transactions with an BROWN DEPALO OWNBEY WITTENSTEIN Brown’s practice focuses on com- emphasis on mergers and acquisi- plex antitrust, consumer protection tions. Wittenstein focuses his practice on commercial litigation and data privacy matters. DePalo matters, employment law issues, alternative dispute resolution focuses her practice on complex and appellate litigation. The firm is located at 3399 Peachtree technology transactions, data pri- Road NE, Atlanta, GA 30326; 404-997-6020; Fax 404-997- vacy, cybersecurity compliance 6021; www.jamesbatesllp.com. PARENTE PARK and risk management. Parente’s practice focuses on complex com- MendenFreiman LLP announced mercial litigation and arbitration, the election of Jeffrey J. Meek as including high-stakes business dis- partner and the addition of Kris- putes and cases involving consti- ten M. Nugent, Samantha C. Page tutional law, consumer-protection and Cassandra L. Tuchscher as as- statutes, antitrust issues and the sociates. Meek focuses his practice PELOT SUMNER MEEK NUGENT Racketeer Influenced and Corrupt on business, tax and estate plan- Organizations Act. Park focuses ning matters to high-net-worth his practice on mergers and acqui- individuals and families, as well as sitions, securities transactions and privately held businesses. Nugent’s other strategic corporate transac- practice focuses on business law tions. Pelot’s practice focuses on and tax planning. Page focuses her WOODS YATES commercial real estate projects PAGE TUCHSCHER practice on estate planning, trust spanning a number of asset classes, and estate administration, tax plan- including industrial, multifamily, office, retail and mixed-use. ning and business law. Tuchscher’s practice focuses on tax con- Sumner focuses his practice on complex civil and criminal troversy and tax planning. The firm is located at 5565 Glenridge litigation related to securities class actions; merger litigation, Connector NE, Suite 850, Atlanta, GA 30342; 770-379-1450; shareholder derivative suits; director, officer and professional Fax 770-379-1455; www.mendenfreiman.com. liability matters; regulatory enforcement actions; and corporate investigations. Woods’ practice focuses on assisting domestic Hall Booth Smith, P.C., announced the election of and international clients in providing competitive and attrac- Alexandra “Alex” Battey to partner. Battey focuses tive benefit programs to all levels of employees. Yates focuses her practice on professional and medical malprac- his practice on complex transactions involving acquisitions, tice defense. The firm is located at 191 Peachtree St. dispositions, joint ventures, and public and private debt and NE, Suite 2900, Atlanta, GA 30303; 404-586-6605; equity offerings. The firm is located at One Atlantic Center, Fax 404-954-5020; www.hallboothsmith.com. 1201 W. Peachtree St., Suite 4900, Atlanta, GA 30309; 404- 881-7000; Fax 404-881-7777; www.alston.com. Smith, Gambrell & Russell, LLP, announced the addition of W. Collins Brown as partner. Brown’s practice focuses on wealth and estate planning for businesses and individuals. The firm is located at 1230 Peachtree St. NE, Suite 3100, Atlanta, GA 30309; 404-815-3500; Fax 404-815-3509; www.sgrlaw.com.

2020 APRIL 47 Baker, Donelson, Bearman, Caldwell & Berkow- Bloom Parham, LLP, announced itz, PC, announced the addition of Scott Robert- the election of Troy Covington, son as an associate. Robertson’s practice focuses Adam Nugent, Shannan Oliver and on litigation and health care. The firm is located Ryan Pumpian to partner and the at 3414 Peachtree Road NE, Suite 1500, Atlanta, addition of Daniel Barrett and Ben

GA 30326; 404-577-6000; Fax 404-221-6501; COVINGTON NUGENT Dell’Orto as associates. Covington’s www.bakerdonelson.com. practice focuses on business mat- ters involving trademark and trade Kilpatrick Townsend & Stockton secret claims, contract disputes, LLP announced the election of corporate governance disputes, Michael Breslin and Brittany Sum- partnership disputes, business torts, mers to partner, the promotion of commercial property tax appeals, Jeffrey Fisher and Maritza Knight OLIVER PUMPIAN eminent domain and property con-

BRESLIN SUMMERS Winfunke to counsel and the ad- demnation, church governance dis- dition of Christopher Caiaccio as putes, boundary disputes and lender counsel. Breslin’s practice focuses liability. Nugent focuses his practice on technology-based litigation, on contract disputes, partnership blockchain and cryptocurrency, disputes, business torts and trade se-

privacy and data security issues, BARRETT DELL’ORTO crets, employment litigation, intel- and counseling clients in the Fin- lectual property litigation and con- FISHER WINFUNKE tech sector. Summers focuses her struction litigation. Oliver’s practice focuses on employment and practice on corporate and banking transactions business litigation. Pumpian focuses his practice on intellectual and regulatory law, including the representation property, trade dress, trademarks, copyrights, false advertising, of the world’s largest telecommunications hold- claims of unfair competition and other business disputes. Bar- ing company in various business transactions. rett’s practice focuses on civil litigation matters, including real Fisher’s practice focuses on class actions and estate, land use and zoning, franchising, breach of contract, labor

CAIACCIO technology-related litigation, including Tele- and employment, construction disputes and shareholder litiga- phone Consumer Protection Act and data breach tion. Dell’Orto focuses his practice on several areas of litigation, class actions. Winfunke focuses her practice on representation including real estate, construction, zoning, code violations, ad of lenders, servicers and investors in various financial market valorem tax appeals and breach of contract. The firm is located at transactions. Caiaccio’s practice focuses on working with em- 977 Ponce de Leon Ave. NE, Atlanta, GA 30306; 404-577-7710; ployers to assist with human resource issues, including em- Fax 404-577-7715; www.bloom-law.com. ployment discrimination, non-compete agreements, employ- ment contracts, sexual harassment, wage and hour issues, and Henning Mediation & Arbitration Service, Inc., independent contractor misclassification. The firm is located announced the addition of Adam R. Gaslowitz as at 1100 Peachtree St. NE, Suite 2800, Atlanta, GA 30309; 404- a panel member. Gaslowitz’s expertise includes 815-6500; Fax 404-815-6555; www.kilpatricktownsend.com. complex fiduciary disputes, complex domestic relations and family disputes, commercial litiga- Miller & Martin, PLLC, announced tion and contract disputes, and business dissolu- the election of Todd Goodwin to tion. The organization is located at 3350 Riverwood Parkway, firm membership, the addition Suite 75, Atlanta, GA 30339; 770-955-2252; Fax 770-955-2494; of Lynsey Barron as a member www.henningmediation.com. and the addition of Joseph Helm as an attorney. Goodwin’s prac- Littler Mendeslon P.C. announced the addition of GOODWIN BARRON tice focuses on commercial real Dane Steffenson as special counsel. Steffenson’s estate, with a concentration on the acquisition, practice focuses on the Employee Retirement In- financing, development, leasing and disposi- come Security Act, wage hour, and Occupational tion of commercial property. Barron focuses her Safety and Health Act litigation. The firm is located practice on litigation in the areas of white-collar at 3424 Peachtree Road NE, Suite 1200, Atlanta, GA criminal defense and government investigations. 30326; 404-233-0330; Fax 404-233-2361; www.littler.com. HELM Helm’s practice focuses on advising on the tax aspects of business formations, transactions and reorganizations. The firm is located at 1180 W. Peachtree St. NW, Atlanta, GA 30309; 404-962-6100; Fax 404-962-6300; www.millermartin.com.

48 GEORGIA BAR JOURNAL O’Daniel McDonald, LLC, announced the elec- Chamberlain, Hrdlicka, White, tion of Matthew R. Johnson to partner. John- Williams & Aughtry announced son’s practice focuses on commercial litigation, the elevation of shareholders John representing corporate and individual clients in W. Hackney and Gina M. Vitiello a variety of business, employment and contrac- to equity status; the election of tual disputes. The firm is located at 9040 Roswell Drew V. Greene, Jennifer Duval HACKNEY VITIELLO Road, Suite 500, Atlanta, GA 30350; 404-419-6300; Fax 404- Lindy and Christine R. Norstadt as 419-6301; www.odmclaw.com. shareholders; and the addition of John Nail and Melissa Spearman Barnes & Thornburg LLP an- as associates. Hackney’s practice nounced the addition of Eric Fisher focuses on representing clients in and Sean Honeywill as partners and disputes with the Internal Revenue the addition of Abraham Llama, GREENE LINDY Service and other taxing authori- Brian Saling and Devin Schoon- ties. Vitiello focuses her practice

FISHER HONEYWILL maker as associates. Fisher focuses on construction law and contract his practice on litigation, including litigation. Greene’s practice focus- disputes involving contracts, busi- es on state and federal commercial ness partnerships, and insurance matters in the discovery, disposi- and employment matters. Honey- tive motions, trial and appellate NORSTADT NAIL will’s practice focuses on tax-incen- stages of litigation. Lindy focuses tivized private equity transactions, her practice on representing individual, partner- LLAMA SALING with a particular emphasis on fed- ship/pass-through and multinational corporate eral and state tax credit investments. Llama fo- taxpayers, with a special focus on cross-border cuses his practice on general corporate matters and international tax issues in disputes with the and tax-incentivized transactions, particularly in IRS. Norstadt’s practice focuses on all aspects affordable housing, historic rehabilitation and SPEARMAN of commercial real estate representing owners, renewable energy developments. Saling’s prac- managers and users of office, retail and industrial

SCHOONMAKER tice focuses on tax-incentivized transactions properties, apartments and land. Nail focuses his practice on tax involving federal and state tax credit private controversy and litigation. Spearman’s practice focuses on tax equity investments. Schoonmaker focuses his practice on the controversy and litigation. The firm is located at 191 Peachtree acquisition, financing and syndication of transactions that uti- St. NE, 46th Floor, Atlanta, GA 30303; 404-659-1410; Fax 404- lize federal and state low-income housing tax credits, historic 659-1852; www.chamberlainlaw.com. rehabilitation tax credits and renewable energy tax credits. The firm is located at 3475 Piedmont Road NE, Suite 1700, Atlanta, McAngus Goudelock & Courie LLC an- GA 30305; 404-846-1693; Fax 404-264-4033; www.btlaw.com. nounced the addition of Jennifer Foster as an associate. Foster’s practice focuses on Gray Eittreim Martin, LLC, announced the elec- bad faith, litigation and transportation mat- tion of Alexander R. Cutler to named partner and ters. The firm is located at 270 Peachtree St. a name change to Eittreim Martin Cutler, LLC. NW, Suite 1800, Atlanta, GA 30303; 678- Cutler’s practice focuses on divorce and family 500-7300; Fax 678-669-3546; www.mgclaw.com. law, including high net worth divorce litigation, child custody litigation, alimony and child sup- Butler Snow LLP announced the addition of port matters, actions for modification of custody and support, Derek S. Rajavuori as an attorney. Rajavuori’s and contempt actions. The firm is located at 100 Galleria Park- practice focuses on product liability, toxic tort way, Suite 1120, Atlanta, GA 30339; 770-225-7000; Fax 770- and environmental litigation. The firm is locat- 225-7001; www.emcfamilylaw.com. ed at 1170 Peachtree St. NE, Suite 1900, Atlanta, GA 30309; 678-515-5000; Fax 678-515-5001; Berman Fink Van Horn P.C. announced the www.butlersnow.com. promotion of Daniel H. Park to principal. Park’s practice focuses on business and real estate litiga- tion, non-compete/trade secrets, and labor and employment. The firm is located at 3475 Pied- mont Road NE, Suite 1100, Atlanta, GA 30305; 404-261-7711; www.bfvlaw.com.

2020 APRIL 49 Watson Spence, LLP, announced IN CANTON the addition of Michael R. Boor- Grisham & Poole, P.C., announced the election man and Lucas W. Andrews as of Ashley T. Carlile to named partner and a name partners, and Timothy M. An- change to Grisham, Poole & Carlile, P.C. Carlile’s drews, Dwayne A. Brown Jr. and practice focuses on family law matters, includ-

BOORMAN L. ANDREWS Philip A. Henderson as attorneys, ing divorces, child custody cases, child support along with the opening of its At- issues, alimony disputes and contempt actions. lanta office, led by Boorman. Boor- The firm is located at 577 E. Main St., Canton, GA 30114; 678- man’s practice focuses on product 880-9360; www.grishamandpoole.com. liability and commercial litigation. Lucas Andrews focuses his practice IN MADISON on complex commercial, consum- DuBose Law Group LLC announced the addition T. ANDREWS BROWN er and product liability litigation, of Brittain Z. Hunt as an associate. Hunt’s practice catastrophic injury litigation, fiduciary litigation, focuses on civil litigation, zoning, estate litiga- whistleblower actions and investigations, white- tion, and business and contract matters. The collar defense and appellate advocacy. Timothy firm is located at 285 N. Main St., Madison, Andrews’ practice focuses on product liability, GA 30650; 706-342-7900; Fax 706-342-0011; commercial litigation, personal injury defense, www.duboselawgroup.net.

HENDERSON fiduciary litigation, white-collar defense and ap- pellate advocacy. Brown focuses his practice on IN MCDONOUGH product liability, government investigations and white-collar Smith, Welch, Webb & White, defense. Henderson’s practice focuses on defense of product LLC, announced the election of liability and general liability claims. The firm is located at 999 Grant E. McBride and Warren M. Peachtree St. NE, Suite 1130, Atlanta, GA 30309; 229-436- Tillery to partner and the addi- 1545; Fax 229-436-6358; www.watsonspence.com. tion of Chase Collum and Brooke

MCBRIDE TILLERY White as associates. McBride’s Fox Rothschild LLP announced the practice focuses on eminent do- addition of Vivian D. Hoard as a main, civil litigation, appellate liti- partner and Brian Gardner, Gerika gation and education law. Tillery Kelly and Ashley Swan as associates. focuses his practice on eminent Hoard’s practice focuses on civil and domain, zoning, other real estate

HOARD GARDNER criminal tax litigation, whistleblower matters and local government claims and voluntary offshore disclo- COLLUM WHITE representation. Collum’s practice sures. Gardner focuses his practice focuses on general civil litigation, eminent domain/condemna- on federal, state and international tion, education law, real estate litigation and family law. White tax controversy, and tax planning focuses her practice on family law, juvenile law (dependency matters. Kelly’s practice focuses on and delinquency) and criminal defense. The firm is located at tax audits, filing requests for relief 2200 Keys Ferry Court, McDonough, GA 30253; 770-957- KELLY SWAN from collection activity and litigat- 3937; www.smithwelchlaw.com. ing deficiency cases in the federal and state tribunals. Swan focuses her practice on federal and state tax controversy matters, repre- IN PEACHTREE CITY senting clients in IRS audits, appeals and refund claims. The firm Webb & Taylor, LLC, announced is located at 999 Peachtree St. NE, Suite 1500, Atlanta, GA 30309; the addition of Scott Commander 404-962-1000; Fax 404-962-1200; www.foxrothschild.com. and Charles Jones as attorneys. Commander’s practice focuses on The Law Offices of Nathaniel F. Hansford, LLC, medical malpractice, personal in-

announced the election of Wesley B. McDaniel III COMMANDER JONES jury, wrongful death, brain injury, to partner. McDaniel’s practice focuses on work- trucking and automobile accidents. ers’ compensation. The firm is located at 1447 Jones focuses his practice on medical malpractice, premises li- Peachtree St. NE, Suite 570, Atlanta, GA 30309; ability and automobile accidents. The firm is located at 400 770-629-9321; www.hansfordlawfirm.com. Westpark Court, Suite 100, Peachtree City, GA 30269; 678- 369-7348; Fax 770-631-1771; www.webbfirmattorneys.com. Miles Mediation & Arbitration announced that its office has moved to 115 Perimeter Center Place, Suite 1100, Atlanta, GA 30346; 678-320-9118; www.milesmediation.com.

50 GEORGIA BAR JOURNAL IN SAVANNAH Bowen Painter, LLC, announced the election of Bergen and Bergen, P.C., announced the election Gini Lynn Jenkins to partner. Jenkins’ practice of Zachary H. Thomas to partner and a name focuses on personal injury and wrongful death change to Bergen, Bergen & Thomas. Thomas cases involving automobile negligence, prem- focuses his practice on medical malpractice, ises liability, motorcycle and tractor collisions, catastrophic personal injury and wrongful death and claims involving vicious animals. The firm cases for individuals and families. The firm is is located at 7302 Abercorn St., Suite 3, Savannah, GA 31406; located at 123 E. Charlton St., Savannah, GA 31401; 912-233- 912-335-1909; Fax 912-335-3537; www.bowenpainter.com. 6600; www.bbtlawfirm.com. IN STOCKBRIDGE Weiner, Shearouse, Weitz, Greenberg & Shawe, Smith, Welch, Webb & White, LLC, announced LLP, announced the election of Stuart R. Halp- the election of Orion G. Webb to partner. ern to partner. Halpern’s practice focuses on Webb’s practice focuses on consumer advocacy, residential and commercial real estate, real es- civil litigation, real estate litigation, estate plan- tate litigation, business/corporation law, busi- ning, probate and landlord-tenant law. The firm ness litigation, contract law, municipal law and is located at 280 Country Club Drive, Suite 300, civil litigation, estate planning and probate work. The firm is Stockbridge, GA 30281; 770-389-4864; www.smithwelchlawcom. located at 14 E. State St., Savannah, GA 31401; 912-233-2251; Fax 912-235-5464; www.wswgs.com. IN SHREVEPORT, LOUISIANA Hayter | Reynolds, LLC, announced the relocation of its Bouhan Falligant LLP announced the election of Shreveport office. The firm is now located at 611 Absinthe Lucas Bradley to partner. Bradley’s practice focus- Court, Suite C, Shreveport, LA 71115; 318-698-3000; Fax 318- es on appellate advocacy, admiralty, complex mo- 698-3234; www.hayterlaw.com. tions practice and tort defense. The firm is located at One W. Park Ave., Savannah, GA 31401; 912- IN HOUSTON, TEXAS 232-7000; Fax 912-233-0811; www.bouhan.com. Balch & Bingham LLP announced the election of David Bowsher to office managing partner at its Harris Lowry Manton LLP announced the ad- Houston office. Bowsher’s practice focuses on en- dition of Joshua H. Dorminy as an associate. ergy matters, oil and gas acquisitions and financing, Dorminy’s practice focuses on personal injury, mergers and acquisitions, and bankruptcy matters. product liability, medical malpractice and wrong- The firm is located at 811 Louisiana St., Suite 1010, ful death. The firm is located at 410 E. Brough- Houston, TX, 77002; 888-254-2466; www.balch.com. ton St., Savannah, GA 31401; 912-651-9967; Fax 912-651-1276; www.hlmlawfirm.com.

HunterMaclean announced the election of Patrick L. Barkley and William J. Gallagher to partner. Barkley’s practice focuses on spe- Announcement cialty litigation, including admiralty, transportation, logistics, commer- BARKLEY GALLAGHER Submissions cial collections, insurance defense, business litigation and real estate litigation. Gallagher focuses The Georgia Bar Journal welcomes the his practice on trusts and estates, taxation and corporate law. The submission of news about local and firm is located at 200 E. Saint Julian St., Savannah, GA 31412; voluntary bar association happenings, 912-236-0261; Fax 912-236-4936; www.huntermaclean.com. Bar members, law firms and topics of interest to attorneys in Georgia. Learn more at www.gabar.org/ newsandpublications.

To place an announcement, please contact Amber Rikard at [email protected] or 404-527-8736.

2020 APRIL 51 GBJ | Office of the General Counsel

You’re Fired!

BY PAULA FREDERICK

As you answer the telephone, you extent reasonably practicable to protect aren’t surprised to find an irate opposing the client’s interest” upon withdrawal. counsel on the line. Comment 9 elaborates on this obligation: “My client and I are in the parking lot “[e]ven if the lawyer has been unfairly at McDonald’s, waiting for your client discharged by the client, a lawyer must and the kids. Where are they? She’s al- take all reasonable steps to mitigate the most an hour late!” opposing counsel asks. consequences to the client.” “I have no idea,” you respond. “I don’t So what are the “reasonable steps” represent her anymore; she fired me that a lawyer might take in this case to earlier today.” mitigate consequences to the client from “My client knew she was planning to the withdrawal? run with the kids! Do you know where It would be OK to call the client and they are? You can tell her that we’re calling tell her about the call from opposing the police if she doesn’t turn up in the next counsel; even if the client has obtained 30 minutes,” opposing counsel demands. new counsel, such a call would not violate “She fired me! She confirmed it in Rule 4.2 and could prevent the client from writing!” you protest. “I can’t intervene at creating new legal problems for herself. It this point.” would not be OK to continue to negotiate “If you don’t have a signed order allow- on behalf of the client, settle the case or ing your withdrawal you are still her law- to have any dealings with third parties on yer,” opposing counsel insists. “There’s the client’s behalf. still time to help your client avoid doing Until the court rules on the request for jail time for contempt.” withdrawal or substitute counsel enters The interval between being fired by the case, “mitigating the consequences a client and obtaining an order allowing of withdrawal” probably amounts to withdrawal can seem endless. What are a preserving the status quo. Beyond that, lawyer’s obligations during this time? a fired lawyer simply does not have any While it may seem obvious that you authority to act. l can’t continue to represent a client who has fired you, Bar Rule 1.16 imposes some seemingly contradictory obligations. Paula Frederick Part (a) of the rule requires a lawyer to General Counsel withdraw if discharged, but part (d) re- State Bar of Georgia quires the lawyer to take “steps to the [email protected] GETTYIMAGES.COM/ALASHI

52 GEORGIA BAR JOURNAL GBJ | Attorney Discipline

Attorney Discipline Summaries

January 14, 2020 through March 9, 2020 BY JESSICA OGLESBY

Disbarments ent, Holliday served as a public defender Julianne Wesley Holliday and thus was not authorized to represent “He who is his own lawyer 420 10th St. private clients for a fee. The Bar asserted has a fool for a client.” Columbus, GA 31901 that Holliday violated Rules 1.2 (a), 1.3, On Feb. 28, 2020, the Supreme Court 1.4 (a)(3) and (4), 1.16 (d), 3.2 and 8.4 (a)(4) of Georgia disbarred attorney Julianne of the Georgia Rules of Professional Con- Warren R. Hinds, P.C. Wesley Holliday (State Bar No. 362498) duct. The maximum sanction for a viola- “An Attorney’s Attorney” from the practice of law in Georgia based tion of Rules 1.4, 1.16 and 3.2 is a pub- • Bar Complaints upon three disciplinary matters. lic reprimand and of Rules 1.2, 1.3 and • Malpractice Defense As to S20Y0065, Holliday was retained 8.4 (a)(4) is disbarment. • Ethics Consultation to represent a client with regard to traf- As to S20Y0066, Holliday was hired to fic citations. Despite repeated prompting represent a client in a habeas corpus ac- from the client and despite telling him tion. Despite the client providing a draft she had done so, she failed to file the re- petition, Holliday failed to file the re- quired information to challenge the cli- quested petition, and the client had to file ent’s license suspension. Holliday initially it pro se in order to preserve his rights to ignored the client’s attempts to contact subsequently seek federal habeas corpus her but advised him through social media relief. When the client’s family attempted that he could seek reinstatement of his li- to contact Holliday, they were unable to cense by attending DUI traffic school. She do so. The Bar asserted that Holliday vio- failed to tell him, however, that reinstate- lated Rules 1.2 (a), 1.3, 1.4 (a)(3) and (4), ment of his license could not be pursued 1.16 (d) and 3.2. for one year. After the client terminated As to S20Y0067, Holliday was hired by Holliday’s services, she failed to refund a client to complete work undertaken by a 1303 Macy Drive his fee despite asserting she would do previous attorney in a divorce case. Dur- Roswell, Georgia 30076 so. Additionally, there was evidence that ing the representation, the client learned Call (770) 993-1414 during the time she represented the cli- that the counterparty’s proposed decree www.warrenhindslaw.com

2020 APRIL 53 had been presented to the judge with- ent matters and multiple violations of out the client’s requested modifications the Georgia Rules of Professional Con- or a quitclaim deed that was supposed duct. In State Disciplinary Board Docket to be included. Holliday initially told the (SDBD) No. 6899, Johnson failed to client she didn’t understand what had appear at several hearings during the happened but later acknowledged that course of representing a client in a do- she failed to include the deed. Although mestic relations case. One hearing was Holliday promised to fix her error, she scheduled during a time period during failed to do so. Holliday then ignored the which he was suspended. When the client’s attempts at communication for trial judge’s secretary called Johnson to three months until the client requested a inquire as to his appearance, he did not refund. Holliday returned a portion of the inform her of his interim suspension. fee but did not return the entire amount The Court agreed with the finding of until after a grievance was filed. She also the special master that Johnson violated ignored the client’s request for the file and Rules 1.3 and 3.3 (a) in this matter. The relocated her office without notifying the maximum sanction for a violation of client. The Bar asserted that Holliday vio- these Rules is disbarment. lated Rules 1.2 (a), 1.3, 1.4 (a)(3) and (4) SDBD No. 6919 involved Johnson’s and 1.16 (d). representation of a client in an estate mat- In mitigation in each case, the State Bar ter in which the client was the executor. For the most up-to-date noted only Holliday’s lack of prior disci- The client gave Johnson two checks to- information on lawyer pline. In aggravation, in each case the Bar taling $344,570.97, which Johnson failed noted her failure to respond to disciplin- to deposit into his IOLTA account. Over discipline, visit ary proceedings, her failure to respond to the next 12 months, Johnson gave the the client, her abandonment of her client’s client misleading information about his www.gabar.org/ case and her substantial experience in the handling of the funds, did not give the practice of law. In S20Y0065, the Bar also client an accounting of the funds and did recentdiscipline noted her dishonesty toward her client not promptly disburse the funds when in aggravation. requested. While Johnson ultimately re- The State Bar served Holliday by publi- turned the funds to the client, he did so via cation after attempts to serve her by mail a cashier’s check, which was not drawn on and personally were unsuccessful. Hol- his IOLTA account and which was in the liday failed to file a Notice of Rejection; amount of $344,584.97. The Court agreed therefore, she was in default, found to with the special master’s conclusion that have waived her right to an evidentiary Johnson violated Rules 1.15 (I) and (II) hearing and subject to such discipline and 8.4 (a)(4). The maximum sanction for as determined by the Court. The Court a violation of these Rules is disbarment. agreed with the State Bar that disbarment In SDBD No. 6994, Johnson’s office was the appropriate sanction. contacted a client about representation in a personal injury action one day after she Melvin T. Johnson was involved in a car accident although P.O. Box 721 the client had never contacted Johnson Lithonia, GA 30058 about representation. Johnson performed On Feb. 10, 2020, the Supreme Court work on the matter while he was under of Georgia disbarred attorney Melvin T. interim suspension in March and April Johnson (State Bar No. 395044) from the 2015 and did not disclose his suspension. practice of law in Georgia based upon his During the representation, Johnson failed misconduct in connection with five cli- to adequately respond to the client’s re-

54 GEORGIA BAR JOURNAL quests for information, failed to appear in communicate with the client during rep- ney Richard M. Colbert (State Bar No. court and sued the client for legal fees af- resentation. The Court agreed with the 176530). Colbert is currently incarcer- ter she terminated his representation. Al- special master’s conclusion that Johnson ated in federal prison as a consequence of though Johnson informed the Bar that he violated rules 1.16 (a), 5.5 (a) and 8.4 (a)(4). his December 2016 guilty plea to 13 fel- prevailed in his lawsuit against the client, The maximum penalty for a violation of ony counts in the U.S. District Court for he did not respond to the Bar’s request for Rule 1.16 (a) is a public reprimand. the Northern District of Florida. He no- documents pertaining to his fee agree- The five formal complaints underly- tified The Florida Bar of the convictions, ment or judgment in the suit against the ing this matter were consolidated, and and The Florida Bar subsequently grant- client. The Court agreed with the special the special master entered a scheduling ed his petition for disciplinary revoca- master’s conclusion that his conduct vio- order on May 22, 2019, setting a Sept. tion, which is tantamount to disbarment. lated Rules 1.2, 1.4, 5.5 (a), 7.3 (d), 8.1 and 19, 2019, deadline for completion of Colbert did not notify the State Bar of 8.4 (a)(4). The maximum sanction for a discovery. The order provided that the Georgia of the conviction or of the revo- violation of Rule 1.4 is a public reprimand failure to comply “may result in sanc- cation, and when the State Bar ultimately and for the remaining rules is disbarment. tions, including striking of pleadings became aware of them, it requested that In SDBD No. 7045, Johnson repre- and exclusion of witnesses and evi- Colbert submit a petition for voluntary sented a couple in a medical malprac- dence.” The Bar served interrogatories, surrender. Colbert acknowledged that tice case in Alabama despite not being requests for admissions and requests for because of his convictions and failure licensed there. The clients enlisted an production of documents on Johnson to notify the State Bar, he violated Rule Alabama attorney to serve as local coun- on May 28, 2019, to which he was re- 8.4 (a)(2) which is punishable by disbar- sel, but Johnson forged that attorney’s quired to respond within 30 days. John- ment and Rule 9.1 which is punishable signature on the complaint. The Ala- son failed to respond to the discovery by a public reprimand. He also acknowl- bama court issued an order directing the requests at all and failed to respond to edged that he was subject to reciprocal clients to have an Alabama attorney file the Bar’s motion for sanctions filed on discipline under Rule 9.4; that imposi- an entry of appearance, but Johnson did July 17, 2019. The special master en- tion of substantially similar discipline not inform his clients of this order and tered an order on Aug. 2, 2019, granting would be disbarment; and that voluntary instead filed a dismissal without preju- the motion for sanctions, striking John- surrender of his license was tantamount dice also without informing the clients. son’s answers and deeming the facts al- to disbarment. The State Bar filed a re- He then forged the clients’ signatures on leged and the violation charged in the sponse recommending the Court accept the certificate of service for the notice formal complaints admitted. Colbert’s petition. of dismiss, and two months later, falsely In aggravation, the Court noted John- told them the case was progressing well. son’s prior disciplinary offenses, his dis- Johnson was indicted on two counts of honest or selfish motive, his pattern of Reinstatement possession of a forged instrument in misconduct and multiple offenses, his Christopher Aaron Corley October 2015. In responding to the Bar, intentional failure to comply with the 436 Greene St. Johnson falsely stated that the Alabama rules of the disciplinary authorities, his Augusta, GA 30901 lawyer authorized him to file the com- refusal to acknowledge the wrongful na- On Jan. 31, 2020, the Supreme Court plaint. The Court agreed with the spe- ture of his conduct, the vulnerability of of Georgia determined that Christopher cial master’s conclusion that Johnson his victims, his substantial experience in Aaron Corley (State Bar No. 940383) has violated Rules 1.3, 1.4, 8.1 and 8.4 (a)(4). the practice of law and his indifference in complied with all of the conditions for re- In SDBD No. 7046, Johnson per- making restitution. The Court found no instatement following his suspension and formed work in a divorce action while mitigating factors. reinstated him to the practice of law. l under interim suspension and sought a continuance for a hearing without dis- Richard M. Colbert closing that he was suspended. At a hear- P.O. Box 123 Jessica Oglesby ing to address representation, the client Gulf Breeze, FL 32562 Clerk, State Disciplinary Boards advised the court that Johnson had told On Jan. 13, 2020, the Supreme Court State Bar of Georgia him only the day before that he was sus- of Georgia accepted the petition for vol- [email protected] pended. Johnson also failed to adequately untary surrender of license for attor-

2020 APRIL 55 GBJ | Legal Tech Tips

Legal Tech TIPS

BY NATALIE R. KELLY AND MIKE MONAHAN

GETTYIMAGES.COM/200DEGREES

MacRumors Buyer’s Guide your rows columns and your columns Office Cheat Sheets 1https://buyersguide.macrumors.com rows. Give it a try: Highlight and copy the 5https://bit.ly/380PZtC Use this online service to check out a Excel spreadsheet. Select “Paste Special.” Microsoft wants its users to get good help product summary and recommendation Check “Transpose.” Click “OK.” Done! quickly and has developed a comprehen- for each newly-released Apple product. sive set of cheat sheets covering Micro- Even though there are no guarantees if soft Office programs on both Windows the information is 100 percent accurate, Excel’s NETWORKDAYS and Mac platforms. Get downloadable the reviews can be very helpful to Apple 4Here’s a quick tip for calculating PDF cheat sheets via the link above. product purchasers. available work days for projects or other uses. The Excel NETWORKDAYS func- tion calculates the number of working Speaker Clearinghouse days between two dates. The command 6If you are responsible for a program automatically excludes weekends (Satur- agenda and would like to feature a mi- day and Sunday) and can optionally ex- nority or woman lawyer speaker, use the Exceljet clude a list of holidays supplied as dates. State Bar’s Committee to Promote Inclu- 2www.exceljet.net For the holidays argument, supply a sion in the Profession’s Speaker Clearing- Want to learn how to better utilize Mi- range that contains holiday dates. These house. Minority and women lawyers can crosoft Excel? This service offers free are also treated as non-working days and also sign up on the site to be included in resources, including short training vid- will not be included in the result. To use the Clearinghouse if they desire to speak. eos and lists of functions, formulas and this command, just open a new Excel Navigate to the Clearinghouse from shortcuts, in addition to a blog covering sheet and click on “Formulas” at the top. the State Bar’s website (www.gabar.org) a variety of topics. Paid training services Click in any cell and select “Insert Func- under For Lawyers > Attorney Resources > are also available. tion.” Type “Networkdays” in the search Speaker Clearinghouse. box and click on the result. Now enter your start and end dates, and enter the Flipping Data in Excel number of holidays in that period, if any. 3Speaking of Excel, did you know you Press Enter, and you’ll know how many can flip your data? With the Paste Spe- work days you have available. cial/Transpose command, you can make

56 GEORGIA BAR JOURNAL GETTYIMAGES.COM/CECILIE_ARCURS GETTYIMAGES.COM/UNDEFINED UNDEFINED

LawDroid Autodial Teleconference For Animal Lovers 7www.lawdroid.com 9Passcodes On Your iPhone 10www.puppr.app Bots are common on websites these days, Conference calls ask you to dial a number www.fitbark.com and if you are interested in adding one and input a sometimes lengthy code to get Staying healthy with #lawyerslivingwell to your firm’s site, consider a service like on the line. Since doing that while driv- includes your life with your furry friend. LawDroid. LawDroid provides law firms ing isn’t a good idea, don’t forget to auto- We’ll use doggo-lovers as an example. Try with automated workflow options for ser- mate the full call log-in on your iPhone. Puppr or Fitbark (available for free on iOS vice delivery using AI and bot automation. When you’re saving a calendar event for and Android). Puppr features step-by-step your call, place the phone number and videos to help you teach your young or old dial-in passcode in the Notes section like dog new tricks. The lessons rely on “posi- Cloud Storage this: 555-555-1212;12345#. When you tive reinforcement,” so keep the treats 8Most of us have lots of documents access the calendar to join the confer- handy. FitBark is a tracker and health we need to store online for our own use ence call, your phone app will then call monitor for your dog—like a Fitbit. or to share with team members, clients the number (555-555-1212) and when or others. To refresh your memory, the prompted, input the code (12345#). Safe “big four” of cloud storage right now, and simple! and their storage maximums, are the fol- lowing: 1) DropBox offers 2 GB of free storage, and uploads must be 50 GB or smaller; 2) WeTransfer offers 2 GB of free storage, and uploads must be 2 GB or smaller; 3) OneDrive offers 5 GB of free storage, and uploads must be 15 GB or smaller; and 4) Google Drive offers 15 GB of free storage, and upload size maxi- mums vary by file type, between 5 TB and 100 MB.

GETTYIMAGES.COM/ARDAGULDOGAN 2020 APRIL 57 GBJ | Law Practice Management

Building a Winning Client Portal

There are many advantages to using client portals to share documents and information with your clients. The Law Practice Management Program can help guide you through the process.

BY NATALIE R. KELLY GETTYIMAGES.COM/EICHINGERJULIEN

Client portals are a real thing. Your online, why not access to information Client portals are the center of virtual office clients can log into a secure space where about their legal matters, too? platforms, as the entire file is managed and you, and they, can share documents Cloud-based practice management ap- activity tracked directly on the platform. So and information. Advantages abound, plications generally offer users the option the client portal is the center of the idea be- the least of which is being able to keep to “invite” clients to sign into their por- hind a virtual office platform. clients reasonably informed to remain tals. This typically happens with the firm The virtual office client portal is the in compliance with ethical rules about sending an email that requires the user to hub of activity for the legal work hap- communication with clients—if they are set up a username and password to access pening for clients. Each client matter has on board, of course. the program. As with other online service its own space within the portal, and the So, where does one find a client portal, programs, the amount of information that lawyer accesses her files from this hub as and how do you best use them? can and should be shared may be impacted they work on individual matters. Virtual First, there are a variety of sources for by the maturity of the program. Most, if office client portals will sometimes have client portals. Portals are offered from ei- not all, allow users to have full access to the more integrated collaboration tools like ther a law practice management applica- various features within the portal. online meeting functionality. The portal is tion, on a virtual law office platform or Typical features of the practice man- also generally accessed initially from a but- from a standalone, online platform de- agement client portals are access to client ton or link from the firm’s website. There signed to provide a joint experience for documents, task schedules and secured might also be direction from a chat bot or general users. messaging. There might also be secu- other advanced help technology service. rity within the portal that only allows Like with practice management client por- document access to portal users based on tals, streamlined access to information via Practice Management their roles in a particular matter. So for a virtual office platform can drive efficien- Application—Client Portals instance, opposing counsel would be al- cies for lawyers and their clients. One positive feature of cloud-based lowed to see the negotiated matter docu- practice management applications is ments, but not the client’s office file infor- the ability to allow clients to log into a mation like the intake form or a copy of General Business— shared platform for their matters. This the client’s executed representation agree- Client Portals portal format, even though attempted ment. Consequently, client portal accessi- Services like Huddle, ZoHo, HyperOf- in networked versions of practice man- bility can streamline the firm’s workflow. fice and Citrix ShareFile likely find their agement programs years ago, was not roots in programs that gave users of the met with any real acceptance until the same organization access to each other— platforms were delivered via the cloud. Virtual Office—Client Portals intranets. However, the need for parties It seems users anticipated the portal ex- As with client portals found in practice beyond the organization to meet and col- perience would match other online ser- managers, portals available in virtual office laborate met the ability of the internet to vices they encountered in daily life (e.g., systems focus heavily on the communica- deliver a space for this online meeting, and pizza delivery ordering, medical records tion functionality of the portal (e.g., secure extranets, a.k.a. client portals, were created. access, online government services, etc.), messaging) and full matter access to docu- And, while general business portals are not and if they were able to get basic ser- ments which move a case forward (e.g., in- legal-specific, they are functionally robust vice information and deliveries ordered voices and documents requiring execution). like the portals placed in virtual law office

58 GEORGIA BAR JOURNAL spaces. Hosted spaces may be large enough l Ability to provide regular client governance principles with clear instruc- to incorporate the full range of documents information updates tions for using the portal, including direc- and information of a firm. Even though l Secure document storage space tions for uploading and using documents they may not have initially been intended l Online invoice and client payment stored on the platform. The policies must specifically for lawyers, general business management be clear so that they avoid inadvertent cli- portals have functions that serve law firm ent data disclosure, particularly confiden- l Secured sharing with opposing coun- collaborative needs well. Services like tial data that violates professional conduct sel and other matter-related parties Box and DropBox allow for file upload rules. The portal usage rules must be and download and folder management, l Integrated office system functionality shared with clients as well as all staff and but have not yet extended as far as other firm team members. Client portals’ advantages can be easily programs with mobility options like mes- overlooked. And sometimes, due to law- saging and user communication functions. Automate, Automate, Automate yer fear of adoption and concerns with se- This makes the general business options Look to automate the steps in legal ser- curity, firms unfortunately do not reap the more viable for law firm use. Accessing vice delivery from managing client intake benefits of these useful office programs. the portal from anywhere is not unusual, to invoicing clients via the portal. These and for many of these modern services, it is steps can enhance workflow and serve as certainly expected. Despite their non-legal How to Make Your Client Portal the basis for a more streamlined process setup, general business portals can deliver a Winning Portal for overall matter management. To test efficient access for lawyers and their clients. “ ” your set up, run an entire case through your portal, and fix any concerns with Give Clients Access proper steps and policies for the firm, cli- First, clients must have internet access. Client Portal Advantages ents and other portal users. Remember to This can often be a problem for certain There are many advantages to using cli- check how potential clients, current cli- segments of the population and causes ent portals. Here are some of the more ents, opposing parties and others related many access to justice issues. Where inter- immediate advantages: to matters can access and use your “win- net access is not a concern, however, cli- ning” client portal. l Intake process improvement ents are likely accustomed to using portals For more information about client l to retrieve on-demand information from Secure workspace for document portals, including a review of what you their service providers. Provide access and execution use currently or assistance with set up in convenience where able and warranted. l Mobility options for access from a new service, contact the Law Practice Train users on your portal via short videos anywhere functionality Management Program. l and hands-on demonstrations. l Faster document collection for mov- ing cases along Set Up Portal Policies and Procedures Natalie R. Kelly l Ability to provide core matter Clients will also need a clear understand- Director, Law Practice Management management (client file and related ing of what can and should be allowed State Bar of Georgia information) without implementing when using the portal. You should look [email protected] a full-blown practice management to educate clients on how to properly application use the service. Invoke appropriate data

2020 APRIL 59 GBJ | Pro Bono

The National Pro Bono Celebration is held each year in the last full week of Oc- Spring Into Action: tober. We’re barely into the first days of spring, but the week of Oct. 25-31, 2020, October is Just Around requires attention now. Georgia lawyers will join their col- the Corner leagues across the country to provide free legal services to those in need and honor the good work performed by lawyers ev- Every Georgia lawyer holds the keys to the courthouse. Let’s open some ery day as part of the annual National Pro doors in October and beyond. Bono Celebration. The 2020 Georgia Pro Bono Celebration will bring together civil BY MIKE MONAHAN legal services and other public interest programs with local bar associations, law schools, law firms and individual lawyers GETTYIMAGES.COM/ALEXSL

60 GEORGIA BAR JOURNAL to offer free services to those unable to af- PRO BONO STAR STORY ford a lawyer. Hundreds of volunteers are expected to participate in events and ac- tivities across the state that will offer access VALERIE BROWN-WILLIAMS BY LORILYNN DANIEL to justice to Georgians with critical legal needs. Activities include legal advice clin- ics, education programs, public presenta- Valerie Brown-Williams Attorney tions, open houses and other social events. Brown-Williams & Associates PC The 2019 National Pro Bono Celebra- tion encouraged events focused on advice and brief services clinics, services for veter- ans and service members, and disaster law Valerie Brown-Williams is a native Brown-Williams has been an counseling. In 2010, in support of the Na- of Albany, Georgia, a 1992 gradu- active volunteer attorney assist- tional Pro Bono Celebration, the State Bar ate of Albany State College and ing Georgia Legal Services Pro- of Georgia, along with its Young Lawyers a 1995 graduate of the Walter F. gram with clients since 1999. Her George School of Law at Mercer Division (YLD), issued a resolution urg- expertise and enthusiasm in ser- University. While at Mercer she vices provided to our clients has ing Bar members to reflect on the call to received the Dan Bradley Fellow- always been very commendable in provide access to the courts for Georgians ship and worked with the Macon areas of family law, wills, estates with critical legal needs who cannot af- Regional Office of Georgia Legal and providing one-on-one free ford a lawyer, and to join or sponsor a pro Services Program. consultations and assistance at bono event during the celebration week. Brown-Williams is an active our local clinics. We are very proud The State Bar’s General Practice & Trial member of the Dougherty County to have Valerie Brown-Williams Law Section has hosted a statewide “Ask- Bar Association, where she serves as one of our dedicated volunteer a-Lawyer” day every October for years. as treasurer. She opened her private attorneys who really cares about practice in 1999, representing cli- Your local bar association, law firm, our clients and is willing to travel ents in the areas of personal injury, miles out of the area to render her law school or public interest organiza- divorce, adoption and other domes- time and services. l tion should begin planning for the 2020 tic areas, as well as real estate, wills National Pro Bono Celebration. Let’s and estates, and juvenile law. continue to address disaster legal servic- es and veterans’ issues. Add in local pro bono service challenges among and be- tween law schools, law firms or bar asso- ciations—who can do the most pro bono? Think of pro bono activities and projects that can continue to grow and thrive after the Celebration weekends, like “Lawyer in may also have an interest in jump-starting the Library” programs, teen “street law” a new program that you and your close activities, court-based help center volun- colleagues can help get off the ground. teer work or pro bono programming for Every Georgia lawyer holds the keys to retired lawyers who would like to continue the courthouse. Let’s open some doors in Experts to serve their communities. Maybe set up a October and beyond. pro bono activity around an issue you hold If you need assistance or are interested in Business dear—like legal services for cancer survi- in discussing your ideas for the October vors or for children with disabilities. Pro Bono Celebration, contact me at Insurance Your local legal aid, public interest or [email protected]. l for Lawyers & pro bono program can be a jumping-off point for your pro bono service ideas. Law Firms Mike Monahan Start by contacting the program and ask- (866) 434-8557 ing how you can get involved, with an Director, Pro Bono Resource Center eye toward celebrating your involvement State Bar of Georgia www.ProDefender.com in October. Your local legal aid program [email protected]

2020 APRIL 61 8249 ProDefender GA Bar Ad.indd 1 7/22/19 9:21 AM GBJ | Member Benefits

Member Benefits: Law Practice Management Program

The Law Practice Management Program is here to make things easier for you. We hope you take advantage of all the resources and services that are available to you. If you have questions about the program, contact 404-527-8770. BY SHEILA BALDWIN

The State Bar of Georgia’s Law Practice Read on to discover what is avail- sidered a consultation, which the program Management (LPM) Program debuted able to you, our members. And visit also offers for a nominal fee.) in 1995 with a focused goal of support- www.gabar.org/LPM for more detailed ing Georgia lawyers in the technological information about LPM and the pro- and business aspects of managing their grams and services it provides (see fig. 1). Solo & Small Firm Resources practices. That was 25 years ago, when Accessible only when you log in to your lawyers were ditching their IBM electric member profile, the Solo & Small Firm typewriters for laptops, communication Law Office Start Up Resources Resources page provides a link to a discus- was going wireless with the advent of cell Whether you are opening a law office from sion board that facilitates communication phones and marketing strategies were the ground up or are looking for clarity and with Georgia solo and small firm lawyers jumping into a brand new online world direction to move your business forward, on topics from insurance to marketing and via company websites. Fast-forward to we suggest starting with the Guide to Start- everything in between. Request member- 2020, and one appreciates how much ing Your Georgia Law Practice (often re- ship to the group and start your discussion technological advances have positively ferred to as the “Office Start Up Kit”). This today. Members can also view on-demand affected the law, the legal landscape and guide provides solid advice, offers quality videos of each session of the “Start Up general business practices. Increasingly, suggestions and answers a majority of the Conference— Bar CLE” featuring the practice of law requires legal, techno- questions one would have about opening a Jim Calloway, Oklahoma Bar Association; logical and business expertise, and that is practice in Georgia. You can pick up a copy Natalie Kelly, State Bar of Georgia; Cath- what LPM can provide. Since its incep- the next time you are at the Bar Center, or erine Sanders Reach, Chicago Bar Associa- tion, this highly regarded member ser- you can log in to your member profile at tion; and Reid Trautz, American Immigra- vice has been available to assist Georgia www.gabar.org, visit the store and order tion Lawyers Association at no cost. (Note: lawyers in adapting their practices with a copy (orders for the guide placed online not CLE credit approved.) You also have a wide variety of innovations. Whether include a $5 shipping fee). If you are look- access to a variety of groups and sections you need advice on technology, firm fi- ing for more in-depth business planning specifically geared toward the solo and nances, organization or reference mate- advice, call the LPM department at 404- small firm practitioner (see fig. 2.) rials, we have the resources and available 527-8772 to schedule a free in-office visit training opportunities to assist, includ- that will include a business plan review and ing online forms and articles, reference related practice advice. (Please note that Consultations materials in the library and access to this visit will take place at the State Bar Operating a business isn’t always easy, and onsite management consultations and of Georgia unless special circumstances doing so in conjunction with practicing law training sessions. dictate otherwise and should not be con- can be incredibly stressful. Sometimes, a

62 GEORGIA BAR JOURNAL 1 2

law firm can benefit from a more in-depth Practice Management Forms coming Solo & Small Firm Institute will review of practices and procedures that will Forms play an essential role in running be highlighted and promoted closer to the identify areas in which you can improve a business and managing a law practice. event date. your productivity and your personal life. We have worked diligently to provide ac- The LPM program offers in-person gen- cess to a large number of forms on vary- eral and technical consultations to firms of ing topics on the LPM webpage. You can Other Resources all sizes. A general consultation provides download PDFs of forms on case manage- Other resources that can be found on an in-depth evaluation of your existing of- ment; client agreements, interview forms the LPM webpage include the Georgia fice management procedures with a writ- and surveys; forms on closing a law prac- Practice Advisor blog from LPM Direc- ten assessment of the areas discussed and tice; file and work management forms; tor Natalie Kelly and the Office of the recommendations therein. The technical firm financial and employment agree- General Counsel, providing State Bar consultation includes training for all staff ments; and miscellaneous management members useful practice management on the most effective use of law office soft- forms. If you have questions about down- advice and general ethical guidance spe- ware applications. Consultations are gener- loading these forms or have a request for a cific to their Georgia law practice; LPM ally limited to one day (approximately eight specific form not referenced on the list, Tidbits, an area that showcases hot new hours), and the cost varies depending on call 404-527-8772. tips, websites and apps; a direct link to the size of the practice. The associated ex- Fastcase News, highlighting the latest de- penses including travel are included. Visit velopments from Fastcase; and access to www.gabar.org/LPM, scroll down to Con- Solo & Small Firm Institute discounted ABA publications. sultations and click for more information, The Solo & Small Firm Institute is an We hope you take advantage of all the including specifics on pricing. annual gathering for solo and small firm resources and services that the Law Prac- practitioners who have distinct practice tice Management Program of the State Bar needs and desire to learn how to take ad- has available. We are here to make things Resource Library vantage of developments in the practice easier for you. If you have questions about LPM maintains a resource library with of law and business. Enjoy two days of the program, contact 404-527-8770. l more than 1,600 practice management programming and receive a years’ worth resources on a wide range of topics re- of CLE credit at an affordable rate. Special lated to law office management and tech- guest speakers, networking and access to Sheila Baldwin nology. You may check out items when more than 30 local and national vendors Member Benefits Coordinator you are at the Bar Center, or online at ensure that this is an event you won’t State Bar of Georgia gabar.mysurpass.net. want to miss. Information about the up- [email protected]

2020 APRIL 63 GBJ | Attorney Wellness

In his inaugural address at the height of the Cold War, President John F. Ken- Mindfulness Meditation nedy said, “So let us begin anew—remem- bering on both sides that civility is not a to Combat Stress and sign of weakness, and sincerity is subject to proof.” A core concept of professional- Promote Civility in the ism in the law is civility or how we treat others, including lawyers, judges, clients and the public.1 Zealous representation Law of clients has been misconstrued as be- havior that is intimidating, antagonistic or rude. We see and accept this behavior What exactly is mindfulness? An attorney-turned-wellness consultant from members of the Bar. Why? I believe shares her strategies for practicing mindfulness to reduce stress and this is a result of the well-being crisis in promote professionalism in the legal field. the law, and I believe the path out of this BY DANIELLE “DANI” BERRY crisis begins with mindfulness.

The Well-being Crisis To be a good lawyer, one has to be a healthy lawyer. Sadly, our profession is falling short when it comes to well- being. The . . . studies . . . reveal that too many lawyers and law students experience chronic stress and high rates of depression and substance use. These findings are incompatible with a sustainable legal profession, and they raise troubling implications for many lawyers’ basic competence. Th[e] research suggests that the current state of lawyers’ health cannot support a profession dedicated to client service and dependent on the public trust.2 (emphasis added)

Not all stress is bad. “Mild to moderate levels of stress . . . can actually enable peak performance.”3 Negative consequences, like cognitive decline, strained relation- ships, incivility, anxiety, alcohol abuse and burnout, among others, arise as stress becomes overwhelming. As our stress levels increase, our tolerance to be trig- gered by stress decreases. Once triggered GETTYIMAGES.COM/CHESIIRECAT

64 GEORGIA BAR JOURNAL we often revert to conditioned (mindless) ABA Encourages Mindful visiting, but simply dismiss it for a reactions that appear automatic. Meditation later time, and return to your breath. A mindful response to a stressful event The American Bar Association (ABA) Task l Cultivate an awareness of body and includes taking a pause, considering the Force recommends mindfulness medita- mind without judgment and without present moment by observing sensations tion as one way to improve lawyer well- labeling thoughts or feelings. in the body, etc., and taking right action. being, saying, “Mindfulness meditation is l Don’t complicate it! If all else fails, Often times, with a mindful pause, one’s a practice that can enhance cognitive re- simply breathe. l initial (over)reaction to a stressful event framing (and thus resilience) by aiding our will pass and a more civil (mindful) re- ability to monitor our thoughts and avoid sponse will arise. becoming emotionally overwhelmed.”5 Mindfulness meditation encourages Attorney Danielle “Dani” Berry is founder and chief one to be still and focus objectively, with- wellbeing officer at What is Mindfulness? out judgment, on thoughts as they pass Wellworks Consulting, a Mindfulness is simply being fully aware through your mind as you move toward company training lawyers of what is happening at the present mo- a state of calm. The practice is to turn and other high-stressed professionals ment, without judgment, through aware- toward your thoughts, even the difficult in resiliency, stress reduction and ness of the mind (thoughts and emotions) ones, and, over time and with practice, mindful leadership. Her mission is to and sensations within the body. It is an act your relationship with those thoughts help people thrive under stress and of detached observation without attaching will change. “Mindfulness meditation tap into their innate ability to a label, criticism, spin or other judgment. is extremely useful in this regard, help- significantly reduce negative and habitual stress responses, and find Through the practice of mindfulness, ing you get in touch with these concerns more ease in everyday life. choosing where to focus our attention and learning to work with them so they with intention, we cultivate inner listen- aren’t so paralyzing . . . [I]t is possible to ing and the ability to be with varying ex- live with stress and also with less suffer- periences, from stress to joy, to anxiety or ing and fear.”6 It also encourages brain Endnotes fear, without triggering habitually negative health. Studies show that daily practi- 1. State Bar of Georgia, Professionalism stress reactions. tioners of meditation have more gray CLE Guidelines v. 07-06-18, available matter in the frontal cortex and the same at http://cjcpga.org/wp-content/ amount of gray matter as individuals half uploads/2018/07/4-Professionalism- How Mindfulness Can Help their age.7 CLE-Planning-Guide-vJuly-2018.pdf. Increase Civility 2. National Task Force on Lawyer Well- Being, The Path to Lawyer Well-Being: Mindfulness training alters how we in- Practical Recommendations for Positive teract with ourselves and others, includ- How to Start a Mindful Change (Aug. 2017) (hereinafter referred ing those at work. Research shows that a Meditation Practice to as “National Task Force Report”), at repeated mindfulness practice decreases If you are interested in starting a mindful 1, available at https://www.americanbar. activity in the part of the brain responsible meditation practice, remember to keep it org/content/dam/aba/images/abanews/ for the fight-or-flight reactions, while in- simple and start with short sessions. Gen- ThePathToLawyerWellBeingReport creasing activity in the part of the brain re- eral guidelines to start a mindful medita- RevFINAL.pdf. (quoted language from sponsible for executive functioning skills, tion practice include: the report’s introduction by Task Force logical thought and impulse control. This Co-Chairs B. Buchanan & J. Coyle, l Find a quiet place to meditate. (Also, National Task Force on Lawyer Well-Being. means mindfulness puts you in control of do not be weirded out by the word Creating a Movement to Improve Well-Being your emotions and impulses, which results “meditate”; it simply means to focus, in the Legal Profession). in you becoming a generally nicer and a skill we lawyers are both trained in 3. Id. at 51. more effective person to be around. and have experienced.) 4. Id. at 52. (internal citations omitted). Research has also found that mindful- 5. Id. l Sit comfortably anywhere you want. ness can reduce rumination, stress, de- 6. B. Stahl, E. Goldstein, A Mindfulness pression and anxiety, pain and insomnia, l Close your eyes or soften your gaze Based Stress Reduction Workbook and increases overall quality of life. As on a fixed point about six feet in (2010), at 31. many Georgia attorneys can now attest, front of you. 7. Melanie Curtain, Inc., Research shows that 50-year olds can have the brains of 25-year a mindfulness practice can also enhance l Breathe in and out through your a host of competencies related to lawyer olds if they meditate for just 15 minutes nose. a day available at effectiveness, including increased focus (Oct. 2019), https:// l Keep your mind focused on your www.businessinsider.com/neuroscience- and concentration, working memory, breath. When it wanders to a 50-year-olds-brains-of-25-year-olds- critical cognitive skills, reduced burnout, thought, “be kind” to the thought for habit-2019-4. and ethical and rational decision-making.4

2020 APRIL 65 GBJ | Writing Matters

Breaking Bad . . . Writing Habits

As legal writers, we all develop habits. While “old habits die hard,” bad writing habits are made to be broken. BY DAVID HRICIK AND KAREN SNEDDON

Lawyers are professional writers who produce countless pages of text every year that serve a variety of purposes. Because of that frequency, lawyers form habits, many of which lead to effective and efficient writing. But sometimes those habits are bad and hard to break. This installment of Writing Matters identifies 10 bad writing habits that should be broken.

Doing only one draft 1We start here because most of the bad habits discussed in this installment can be avoided by revision, which requires breaking the bad habit of doing only one draft. No matter how proficient we are at creating a document and no matter how many times we have drafted one like it— such as a motion for summary judgment— every document will improve if it is re- vised. Allowing for time between drafts is crucial, too. To break the bad habit of doing one draft, or doing a couple but in a rush, manage your time so you can create a draft, let it sit and then later return to it. GETTYIMAGES.COM/WENDELLANDCAROLYN

66 GEORGIA BAR JOURNAL Including content of limited thing—without a reason to do so—can various proofreading techniques, includ- 2value confuse the reader. ing reading the text out loud. A particular document must efficiently Inconsistencies that distract also in- achieve its purpose. Each word, each clude using more than one font, or using sentence, each paragraph, each author- not just italics or underline or bold, but Not creating an outline ity, each argument and each section all of them. This may cause the reader 9Faced with a writing project, the should contribute to the document’s pur- to focus on the document’s formatting— temptation is to immediately create a new pose. This requires removing tangential wondering if there is a reason why some document and begin typing. While that information, redundant legal authori- words are bold, others italicized and some can be efficient, it may become a bad habit ties, extraneous facts or marginal argu- both, for example—rather than the con- if it leads to avoiding the critical pre-writ- ments. Including that sort of content can tent. Good writing aims for consistency ing step of creating an outline. The out- sap the document’s power or obscure its in formatting and phrasing. lining step ensures that you have identi- purpose. For instance, including margin- fied what information must be conveyed al arguments in an appellate brief may and what type of authorities are required undermine the overall persuasiveness of Overusing quotes and evaluated which arguments are stron- the brief. 6Quotations are often required. For gest. In the long run, skipping the out- example, a memorandum addressing the line may make the writing process harder meaning of a provision of a will should and more time-consuming. Overusing weak constructions quote the exact provision. However, over- 3The active voice is stronger than pas- using quotes can result in a disjointed text sive voice, and so using the “there is” / or a jumble of disconnected quotes. In Procrastinating “it is” construction is weak. Likewise, us- addition, including too many quotes can 10We end with the bad habit that ing nominalizations and adjectives leads cause the writer to omit the legal relevance can help to break many of the bad habits to using weaker verbs. Strengthen every of the quoted authorities. When including we discussed so far. Procrastination is the text by avoiding these weak construc- a quote, be sure the quote is needed or if, enemy of good writing. It takes multiple tions. And, because passive constructions instead, a paraphrase will suffice. drafts to develop the ideas, refine the text are generally longer, this step will help to and polish the document. To help you shorten any text. stay on track, set goals and deadlines. If Not modifying a form you are writing an appellate brief, for ex- 7for a specific case ample, commit to having a working draft Using long sentences Forms are ubiquitous and a vital part of ef- of the issue statement by the end of the 4and jargon or legalese ficient practice. As refined as a form may day. And the worst form of procrastina- The law is complex. That does not mean be, however, every matter is different. tion—one that leads to all of the bad habits that complex ideas need to be conveyed in Whether using a form to draft a contract here—is to put off starting the project. long sentences, let alone those that incor- or a motion to dismiss, confirm the infor- porate jargon or legalese. In addition, long mation in the form is appropriate for the sentences, jargon and legalese can obscure particular matter—that what is present is Conclusion the meaning of the text. A document will needed—that any boilerplate is appropriate As legal writers, we all develop habits. be more meaningful and accessible when and that nothing needed is omitted. While “old habits die hard,” bad writing jargon and legalese are kept to a minimum, habits are made to be broken. l and short sentences are the norm. Relying exclusively on spell 8and grammar check David Hricik, a professor of Being inconsistent Technology can support good writing. law at Mercer University 5Inconsistencies distract readers. Dis- Relying exclusively on technology to cre- School of Law, has written a tracting inconsistencies include using dif- ate or edit text can create problems. As number of books and articles. The Legal Writing ferent terms to refer to the same person sophisticated as spell and grammar check Program at Mercer is among the best or thing—referring to a person as “the have become, they will not catch all mis- in the nation. plaintiff,” “Ms. Smith,” “Susan” or “Ap- takes. For instance, spell check may fail to pellant”—for example. Likewise, a text catch the misspelling of a client’s name. Karen J. Sneddon is a should not use both “car” and “vehicle” Likewise, grammar check may fail to professor of law at Mercer unless a distinction is being made. Us- identify a sentence that is missing a word. University School of Law. ing different words to refer to the same These glitches can be avoided by using

2020 APRIL 67 GBJ | In Memoriam

In Memoriam honors those JOHN A. GRAM JOHN L. KIMMEY III EVAN HARRIS PONTZ members of the State Bar of Gainesville, Georgia Atlanta, Georgia Atlanta, Georgia Georgia who have passed Emory University School University of North away. As we reflect upon the School of Law (1974) of Law (1974) Carolina School of Law memory of these members, we Admitted 1974 Admitted 1974 (1996) are mindful of the contribu- Died August 2019 Died February 2020 Admitted 1996 Died December 2019 tions they made to the Bar. DAVID JONATHAN LAWRENCE P. KLAMON Each generation of lawyers is GRINDLE Atlanta, Georgia EMILY PATE POWELL indebted to the one that Winston-Salem, Yale Law School (1961) Buford, Georgia precedes it. Each of us is the North Carolina Admitted 1992 Mercer University Walter recipient of the benefits of the Mercer University Walter Died December 2019 F. George School of Law learning, dedication, zeal and F. George School of Law (1982) standard of professional (1990) FREDERICK PETER Admitted 1982 responsibility that those who Admitted 1990 KROSS III Died December 2019 have gone before us have Died January 2020 Gainesville, Georgia contributed to the practice of Georgia State University ANDERSON BUTLER law. We are saddened that they PAULA KOSKY HAMANN College of Law (1993) SCOTT are no longer in our midst, but Worcester, Admitted 1993 Atlanta, Georgia Massachusetts Died January 2020 privileged to have known them Emory University School American University of Law (1993) and to have shared their Washington College of JOHN S. LANGFORD JR. Admitted 1993 friendship over the years. Law (2001) Atlanta, Georgia Died January 2020 Admitted 2001 Emory University School Died November 2019 of Law (1958) CHRISTINA ANDRETTA JACK B. ALBANESE Admitted 1957 SCOTT Atlanta, Georgia RICCARDA N. HEISING Died February 2020 Athens, Georgia Emory University School Atlanta, Georgia Charlotte School of Law of Law (1972) Georgetown University JOHN K. LARKINS JR. (2015) Admitted 1979 Law Center (1985) Atlanta, Georgia Admitted 2017 Died February 2020 Admitted 1985 University of Georgia Died February 2020 Died December 2019 School of Law (1976) MARGO M. BENTLEY Admitted 1976 WILLIAM P. “BILL” SMITH III Tucker, Georgia STEVEN IRWIN HOLM Died February 2020 Decatur, Georgia Wayne State University New York, New York Emory University School Law School (1986) Emory University School DARYLL LOVE of Law (1964) Admitted 1995 of Law (1977) Atlanta, Georgia Admitted 1965 Died January 2020 Admitted 1977 The George Washington Died January 2020 Died October 2019 University Law School JAMES B. BLACKBURN (1970) EDWARD E. STRAIN III Savannah, Georgia GEORGE HOUSEN Admitted 1970 Cornelia, Georgia University of Georgia Crawfordville, Florida Died January 2020 University of Georgia School of Law (1949) Atlanta’s John Marshall School of Law (1970) Admitted 1949 Law School (1996) MICHAEL A. PANNIER Admitted 1970 Died January 2020 Admitted 1996 Atlanta, Georgia Died September 2019 Died June 2019 Mercer University Walter ELAINE LYNN CARLISLE F. George School of Law DONALD EUGENE Atlanta, Georgia KATHLEEN MARIE HURLEY (1983) STRICKLAND Atlanta’s John Marshall Norcross, Georgia Admitted 1983 Albany, Georgia Law School (1982) University of Georgia Died January 2020 University of Florida Levin Admitted 1983 School of Law (2000) College of Law (1966) Died February 2020 Admitted 2000 N. WILLIAM PETTYS JR. Admitted 1969 Died July 2019 Clayton, Georgia Died January 2020 CECIL B. DELORME Emory University School Savannah, Georgia of Law (1966) TYRONE THOMAS Gilbert Johnson Law Admitted 1965 Falls Church, Virginia School (1968) Died January 2020 Vanderbilt University Law Admitted 1968 School (1974) Died January 2020 Admitted 1975 Died September 2019

68 GEORGIA BAR JOURNAL 2020 APRIL 69 SIDNEY F. WHEELER Atlanta, Georgia University of Georgia School of Law (1962) In Memoriam: Admitted 1961 Died January 2020 Bill Smith shaped Georgia’s FRANCIS EARL WIGGERS JR. lawyer discipline system Young Harris, Georgia BY DARRELL SUTTON Emory University School of Law (1972) Admitted 1973 Died February 2020 On Jan. 23, Georgia So well respected in the field of lawyer lost a dedicated ethics was Smith that he was elected presi- JOHN G. WOLINSKI Hahira, Georgia servant of the legal dent of the National Organization of Bar University of Georgia profession in our Counsel, holding that position in 1996-97. School of Law (1975) state, Bill Smith. We In part because of his national reputation Admitted 1975 are all left saddened as an expert in professional responsibility, Died October 2019 by his loss. Smith helped successfully wage the cam- LAWRENCE DOUGLAS Smith became a paign that culminated in Georgia’s adop- YOUNG member of the State tion of the ABA Model Rules of Professional Atlanta, Georgia Bar of Georgia in 1965. Responsibility in 2000. Georgia State University Over the 55 years that followed, he dedicated Though Smith’s tenure as general College of Law (1986) himself to serving the Bar, first as a member counsel ended in 2009, his service to the Admitted 1987 Died January 2020 of its Board of Governors and Executive Com- Bar did not. He remained on the Bar staff, mittee. Then, in 1984, Smith became the Bar’s serving as ethics counsel. Additionally, his general counsel, a position he would hold service on the Bar’s International Trade in until his retirement in 2009. Legal Services Committee helped Georgia Employing his unique diligence, inno- become the titan in international business vation and progressive leadership, Smith that it is today. shaped the Bar’s lawyer disciplinary sys- As great as Smith’s professional accom- tem. Ensuring that the system served the plishments were, even greater was his mar- profession and the public, Smith stream- riage to Dot and his love and unwavering lined the grievance process, pioneering the devotion to her and their two children, four concept of grievance counsel, which sped grandchildren and one great-grandson. the review and disposition of consumer The State Bar of Georgia, indeed the grievances. He also instituted a “Helpline” entire legal profession in Georgia, is better so Bar members could preemptively obtain because of Bill Smith. We will remember advice about ethics issues. And he comple- him fondly and miss him greatly. And each mented this with an extensive outreach time we think of him, we will remember his program, traveling the state to provide challenge to each of us: practice ethically, Georgia’s lawyers the concise and practical responsibly, and with a humble respect for ethics advice for which he was renowned. the power of the legal system. l

68 GEORGIA BAR JOURNAL 2020 APRIL 69 OBITUARIES

James B. Blackburn, 94, passed away in John Lansing Kimmey III, 70, passed away January in Savannah. Born in Screven County, in February in Atlanta. He was born on July 12, Georgia, on Oct. 18, 1925, Blackburn graduated 1949, in Charlottesville, Virginia to Jane Ken- at the age of 16 from Rocky Ford High School nedy Kimmey and John Lansing Kimmey II, and and worked on electric engines at Savannah Ma- was raised in Columbia, South Carolina. After chine and Foundry, and later at Southeastern graduating from A.C. Flora High School, Kim- Shipbuilding Corporation, building Liberty ships. At 18 years mey attended the University of Virginia and graduated with a old, he enlisted in the U.S. Navy and served in World War bachelor’s degree in English in 1971. He then attended Emory II in the South Pacific as a radarman on a sea-going tugboat. University School of Law, where he obtained his J.D. in 1974. After the war, Blackburn entered the University of Geor- From 1974 to 1985, Kimmey practiced as a trial lawyer with gia at the Hunter Air Force Base on the G.I. bill. He married Northcutt & Edwards, and, in 1985, he formed his own firm, Mercer Griffith in 1947, and they moved to Athens, Georgia, now known as Kimmey and Murphy. to attend the University of Georgia together. Blackburn studied In his almost five-decades-long career, Kimmey was a true law and graduated with an LL.B. in 1949. He began practicing general practitioner, representing clients in criminal and civil law in 1950 with Casper Wiseman, and they practiced law as matters in courtrooms in Atlanta and across Georgia. Deeply partners in Savannah until Wiseman’s death in 1991. rooted in the Atlanta legal community, he served as president of In 1950, Blackburn entered the U.S. Naval Reserve and the Atlanta Lawyers Club and a member of the Old War Horse served until 1967 as a full lieutenant. During the 50s and 60s, Lawyers Club. Those who knew him attest that Kimmey prac- he was a member of The Savannah Jaycees and participated in ticed law with professionalism, honesty and integrity—values its effort to establish a council-manager form of government in he applied to all aspects of his life. Savannah. In 1957, he was appointed assistant city attorney of Kimmey coupled his work ethic with a deep faith in God. Savannah and served in that position until 1961, when Mayor He was a parishioner at Holy Spirit Catholic Church, where Malcolm Maclean appointed him city attorney. He served as the he regularly served as an usher. When he was not serving, he city attorney until 1967. Four years later, Mayor John Rousakis was likely in the balcony passing on his love for the church to reappointed him as city attorney, where he served until 2012. his grandchildren. In addition to the city of Savannah, Blackburn was the attor- Recreationally, Kimmey’s greatest passion was golf, a game ney for the Savannah Pilotage Commission and the Savannah which his parents taught him to love and he shared with his sib- Airport Commission. In 2016, he semi-retired from the practice lings. He passed that love to his daughters and looked forward of law at the age of 91 but continued to represent the Airport to teaching his grandchildren. He was a member at the Capital Commission until 2019. City Club and the Lake Toxaway Country Club, and played in Blackburn always tried to do what was right, even if it was the annual Judicial Invitational tournament, reserved for distin- unpopular. He believed in treating all people with fairness, dig- guished members of the legal community. He twice won Club nity and compassion, no matter the color of their skin, their Championships at Capital City, had four holes-in-one and shot gender or their beliefs. He was a man of faith, though he did not his age at 67. l wear his religion on his sleeve. He was a Sunday School teacher from 1950 until his death, and a deacon and former chairman of deacons at Ardsley Park Baptist Church. Blackburn was a 32nd degree Mason and a member of the Alee Shrine, serving for many years as recorder and a member of the Patrol. He was proud to be a member of the Shrine’s Royal Order of Jesters, and was a past president of the Kiwanis Club of Savannah, of which he had been a member for more than 50 years. Blackburn was inducted into the Georgia Mu- nicipal Association’s Hall of Fame in 2002 and was the recipient of many awards, including the NAACP Freedom award (1989), the Savannah Bar Association’s Robbie E. Robinson Award for protection of the rights of individuals and the promotion of justice through law (1997) and the State Bar of Georgia’s Professionalism Award (2001). l

70 GEORGIA BAR JOURNAL Hon. John S. “Jack” Langford Jr., 88, passed Sidney Frank Wheeler, 85, passed away in away in February in Atlanta. Born on July 4, January. Born on July 4, 1934, he was the son of 1931, to John S. Langford Sr. and Virginia Flynt Elizabeth Nowell Wheeler and Sid Wheeler of Langford, Langford graduated from Griffin High Monroe, Georgia, and graduated from Monroe School in 1949. He then graduated from Alabama High School. He later graduated from the Geor- Polytechnic Institute (now Auburn University) in gia Institute of Technology and the University of 1953, where he played varsity football and served as president Georgia School of Law. While at Georgia Tech, Wheeler was of the Sigma Alpha Epsilon fraternity. He served for two years commissioned an ensign in the U.S. Navy and was on active in the U.S. Air Force and graduated from Emory University duty between college and law school. Law School. Wheeler was admitted to the State Bar of Georgia while still Langford practiced law with Bryan, Carter, Ansley and Smith in law school and began his law practice in Atlanta in 1962 with until his appointment to the Fulton County State Court in 1964. the law firm then headed by E. Smythe Gambrell, where he He then served as chief juvenile court judge until he was elected was made a partner. In 1967, Wheeler joined Ben L. Weinberg to the Fulton County Superior Court in 1972, where he served Jr. and Palmer H. Ansley to form Long, Weinberg, Ansley & for 38 years. Wheeler. In 1999, he was a founding partner in the law firm of Langford’s loves of football and jurisprudence were perfectly Weinberg Wheeler Hudgins Gunn & Dial, where he practiced combined when he served for 13 years as a Southeastern Con- until his retirement. He was a trial lawyer for more than 40 ference football official. He was also an Eagle Scout and a vol- years, principally representing doctors and hospitals in numer- unteer scout troop leader for decades. For many years, he led ous medical malpractice cases. Troop 42 at All Saints’ Episcopal Church, where he guided a Further, Wheeler was a member of numerous bar associa- group of boys from diverse backgrounds in the heart of Atlanta tions and court rosters and was a Fellow of the American Col- with great success. lege of Trial Lawyers. He was a member of the Old War Horse Additionally, Langford was also a member of the West End Lawyers Club, the Advocates Club, Phi Delta Phi, the Lawyers Rotary Club, the Piedmont Driving Club, the Carrie Steele Pitts Club of Atlanta and the Gridiron Secret Society. l Home Board of Directors and the Atlanta Touchdown Club. He was a member of All Saints’ Episcopal Church and served multiple terms on the vestry. He ran in several Peachtree Road Races and was an Olympic torch bearer in Atlanta in 1996. An avid adventurer, he climbed both Mt. Kilimanjaro and Mt. Rainier in his lifetime. l

Memorial Gifts are a meaningful way to honor a loved one. The Georgia Bar Foundation furnishes the Georgia Bar Journal with memorials to honor deceased members of the State Bar of Georgia. Memorial Contributions may be sent to the Georgia Memorial Bar Foundation, 104 Marietta St. NW, Suite 610, Atlanta, GA 30303, stating in whose memory they are made. The Foundation will notify the family of the deceased of the gift and the name of the donor. Contributions are tax deductible. Unless otherwise Gifts directed by the donor, In Memoriam Contributions will be used for Fellows programs of the Georgia Bar Foundation.

2020 APRIL 71 Wherever you are, stay updated at gabar.org. GBJ | Book Review

Tommy Malone Trial Lawyer by Vincent Coppola 253 pages, Mercer University Press REVIEWED BY KEVIN PATRICK

“I’ve come to believe that I was put on earth to make a meaningful difference in the lives of others [. . .]” is the quote from Tommy Malone that marks the beginning of this biography and shapes the story of Malone’s life and career as one of Geor- gia’s finest trial lawyers. In that vein, the early chapters of the biography focus on Malone’s work on the Sutton case, which involved an infant child’s life-changing in- juries during birth. The book chronicles the case as it made its way through the trial and appellate courts. Malone took the case because his heart went out to the family, and his advocacy ultimately led to a verdict favoring the family. The biography then shifts to Malone’s childhood in Albany. Malone’s father, Hon. Rosser Malone, was shaped by post-Reconstruction views in southwest Georgia, but Malone began to question the established mores. He recognized the inherent unfairness associated with seg- “Tommy Malone Trial Lawyer regationist policies. Malone grew con- ” cerned about the lack of representation for is a wonderful biography African-Americans in the jury system and regular injustices faced by attorneys, such and well-worth reading for as C.B. King, in the community. Leaving all attorneys. Albany to begin college at the University of Georgia, his initial foray into Athens (as so many are) was met with social indul- gences and declining grades. After some initial setbacks, Malone transformed him-

2020 APRIL 73 self into a model student and leader. Upon graduation from UGA, Malone attended Mercer Law School before heading back Coppola has woven a profound story with to Albany to practice law with his father. moving personal details of a fine trial lawyer: During Malone’s early years of prac- tice, many of his cases involved criminal Malone serves as an inspiration and role defense, where he continued to witness model. May he forever rest in peace and in many injustices in the legal system. He persevered in his practice and ambitions our hearts. to change the status quo. For example, Malone challenged a referendum for a new governmental complex due to fund- Malone’s remark, “Every lawyer should be ing irregularities. He also brought a law- the best lawyer they can be because you suit against a prominent doctor for mal- can’t be someone else.” Our own unique practice, which set the tone for his career abilities and talents give us the ability to and willingness to be an advocate for make a positive impact into the lives of injured people despite unfavorable odds. others. He stressed the importance of Malone began focusing even more on honesty and credibility in the practice of medical malpractice. He met Melvin Belli, law and life. To this end, Malone reaf- a attorney, referred to as the firmed the importance of our jury system “King of Torts.” Malone and Belli devel- and willingness to take a case to trial be- oped a special friendship and tried several cause jurors will recognize these inherent high-profile cases together. In fact, Belli characteristics and values. travelled to Albany to try the Bitterman III “Tommy Malone Trial Lawyer” is a case, which involved an allergic reaction wonderful biography and well-worth read- to prescription drugs. He also went on to ing for all attorneys. Coppola has woven a open a satellite office in Atlanta due in profound story with moving personal de- part to more favorable venues. tails of a fine trial lawyer: Malone serves Malone was known for his deep af- as an inspiration and role model. May he fection for fishing, love for his wife Deb- forever rest in peace and in our hearts. l bie and his unflagging professionalism amongst the bench and bar. He developed lasting friendships with opposing coun- Kevin Patrick is the principal sel in his cases forged on mutual respect. and founder of Kevin Patrick Malone devoted significant time and re- Law, LLC. His firm exclusively sources to charitable organizations, espe- handles personal injury cially the Shepard Center. These friend- cases. Patrick is an AV ships and commitments have forged a Preeminent rated trial lawyer. He serves lasting legacy for Malone as one of the in various leadership capacities with finest trial lawyers in Georgia and across the State Bar of Georgia, Georgia Trial the county. Lawyers Association and the Atlanta Bar Association. Patrick also actively Along with reading his biography, I volunteers in the community with also had the distinct pleasure of speak- organizations, such as the Georgia ing with Malone before his passing in Center for Child Advocacy and October 2019. I was especially moved by Clyde’s Kitchen.

74 GEORGIA BAR JOURNAL GBJ | Book Review

Ariel’s Island

by Patrick W. McKee 352 pages, Southern Fried Karma, LLC REVIEWED BY WILLIAM L. BOST JR.

Paul McDaniel, a star litigation associ- ate with one of Atlanta’s oldest and most prestigious law firms, arrives early at the office to start an 18-hour day when he is stopped in his tracks by a grizzly sight. His partner and mentor, Frank Billings- ley, has apparently jumped from a balcony outside the law firm’s office and landed unfortunately on the spear of a statute in the fountain below. This gripping begin- ning to the legal thriller “Ariel’s Island” is only a small foretaste of the action-packed twists and turns that follow. Newnan, Georgia, trial lawyer Pat McKee has somehow found the time in his busy trial practice to write a riveting novel, which offers courtroom drama in a high stakes patent case, multiple mur- ders followed by chases and rescues, and the workings of an artificial intelligence named “Ariel,” who is both Paul Mc- Daniel’s guardian angel and ultimately, something more. Paul McDaniel’s danger-filled odyssey begins in the courtroom defending the Milano Corporation in a bet-your-com- pany lawsuit seeking hundreds of millions of dollars for alleged illegal use of patents. From that courtroom, and a successful jury verdict, Paul McDaniel’s path takes him to Frederica Island, the wealthy enclave on the coast of Georgia, and then into the

2020 APRIL 75 This gripping tale is hard to put down. Whether it be the high stakes patent trial, the violent deaths of the federal judge and the senior partner in a gated enclave on the Georgia coast, or law enforcement’s pursuit of Paul as he attempts to rescue Melissa, this book is riveting. swampland of deep South Georgia. His for Paul to escape punishment for those the reader is compelled to consider the odyssey continues to South Florida and crimes even though he did not commit role of artificial intelligence and how it Bimini, ultimately bringing him back to them. Author Pat McKee skillfully weaves may be a great force for good or ill. Frederica Island and the skyscraper can- a tale of adventure whereby Paul, with the This is a remarkable first novel by a yons of midtown Atlanta. assistance of retired GBI agent Grey and busy trial lawyer. We can only hope that On this journey, Paul has many en- the artificial intelligence, Ariel, attempts McKee will provide us with more. l counters with the Milano family includ- to save Melissa from her evil uncle and to ing the beautiful Melissa Milano with establish his own innocence. whom he is smitten. Paul exposes him- If the name Ariel is familiar to the William L. Bost Jr. is a partner self to countless personal risks to try to reader, that is because Ariel is a charac- with the Atlanta law firm of safeguard Melissa, but their would-be ter in Shakespeare’s play, “The Tempest.” Greenfield, Bost & Kliros, and courtship has an ironic and deadly end- “The Tempest” takes place on an island is a former editor-in-chief of the Georgia Bar Journal. His ing to it. In “Ariel’s Island” we also meet and involves a struggle between two practice focuses on William Fowler, Paul’s senior partner and powerful Italian Dukes, one of whom commercial litigation, probate litigation the patriarch of Strange and Fowler, the is assisted by the magic of Ariel. McKee and professional negligence defense. premier law firm in Atlanta, Georgia. We has taken plots and themes from Shake- meet Judge Richards, a federal judge and speare’s “The Tempest,” and skillfully wo- a champion trap shooter, who presided ven them into “Ariel’s Island.” over the patent litigation. And we meet This gripping tale is hard to put down. two people who will ultimately be very Whether it be the high stakes patent tri- important to Paul McDaniel: the retired al, the violent deaths of the federal judge GBI agent, Grey, and his friend Rebecca. and the senior partner in a gated enclave Running through all of this, we have on the Georgia coast, or law enforce- the workings of an almost magical artifi- ment’s pursuit of Paul as he attempts cial intelligence, Ariel, who has been as- to rescue Melissa, this book is riveting. Join the State Bar on signed by one of the Milano Corporation McKee has a wide-ranging knowledge founders to assist and safeguard Paul. not only of the law and high stakes tri- Although innocent, Paul is directly als, but also of the venues that he depicts facebook! implicated in the murder of the federal as Paul, with the help of Ariel, as he tries judge who presided over the patent case to solve his legal problems and win the www.facebook.com/ as well as Paul’s senior partner, William heart of Melissa. Throughout the novel statebarofgeorgia Fowler. It seems that it will be impossible and particularly at the end of the book,

76 GEORGIA BAR JOURNAL Friday, July 31

Award of Merit • Law Day Award Best New Entry Award • Newsletter Award • Website Award Thomas R. Burnside Jr. Excellence in Bar Leadership Award The President’s Cup

For more information and guidelines,  visit www.gabar.org/localbarawards.

2020 APRIL 77 GBJ | ICLE

ICLE’s Online Learning Opportunities

BY MICHELLE E. WEST

The Institute of Continuing Legal encourage action across the profession to Education of the State Bar of Georgia improve well-being for lawyers, judges, law (ICLE) misses seeing your face during students, as well as their support teams. If this important time of sheltering in place. you are looking for a webcast CLE program However, please know that we are still to coincide with the occasion and support here as your continuing legal education your wellness journey, then the Attorney and lifelong learning provider. First Aid Kit webcast (www.gabar.org/ Although we are not able to convene attorneyfirstaidkit) is a wonderful option. in person, there are many online learn- For additional information and an ar- ing opportunities in our webcast library. ray of resources on wellness, visit www. Simply visit www.gabar.org/webcasts to lawyerslivingwell.org or the American view the full list of available webcasts. Bar Association National Task Force on We have recently rescheduled a num- Wellness site at www.lawyerwellbeing.net. ber of programs from our mid-March and ICLE looks forward to welcoming you April calendar to later this fall and winter, back in the near future. Until then, stay however you can view webcast topics that safe and take care. l correspond to those programs online now through ICLE webcasts. As we chart these unprecedented times Michelle E. West and sail into May, don’t forget that the first Director, Institute of Continuing Lawyer Well-Being Week will take place Legal Education State Bar of Georgia May 4-8. The aim is to raise awareness and [email protected]

78 GEORGIA BAR JOURNAL ICLE WEBCASTS Below is a list of our mid-March and April programs that have been rescheduled for later this fall and winter, but you can view corresponding webcasts online now, along with all available programs, at www.gabar.org/webcasts.

Adoption Law and Practice Mediation Advocacy in Georgia Not Your Everyday Custody Case ADR Institute and Neutrals Not Your Typical CLE Conference Post Judgment Collection Attorney First Aid Kit Professional and Ethical Basic Fiduciary Law Dilemmas Basic Fiduciary Law 201 Professionalism and Ethics Carlson on Evidence Update Employee Benefits Professionalism Ethics Entertainment Law and Malpractice Basics Bootcamp Proving Damages Expert Testimony Restrictive Covenants Fighting the Good Fight— and Trade Secrets in Georgia Employment Law in Toxic and Mass Torts the Courtroom Trial Advocacy Georgia Foundations Trial and Error & Objections Trying Your Best: Jury Trial Employment Law Goes to Court Jury Trials for Divorce Labor & Employment Law Institute #STAYHOME 2020 APRIL 79 GBJ | Notice

Proposed Amendments to the Uniform Rules for Superior Court

At its business meeting on Jan. 23, 2020, the Council of Supe- Should you have any comments on the proposed amend- rior Court Judges approved proposed amendments to Uniform ments, please submit them in writing to the Council of Superior Superior Court Rules 1, 3, 4, 24, 36 and 43 as well as proposed Court Judges at 18 Capitol Square, Suite 104, Atlanta, Georgia new Rule 49. A copy of the proposed amendments may be found 30334 or email them to [email protected]. To be consid- at the Council’s website at georgiasuperiorcourts.org. ered, comments must be received by Monday, July 6, 2020.

GBJ | Classified Resources

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80 GEORGIA BAR JOURNAL Serve the Bar. Earn CLE credit.

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Volunteer and complete online Coach a team or judge a trial Earn up to six CLE credits for training to be a peer in the for the High School Mock Trial having your legal article published Georgia Lawyers Helping Lawyers program and receive up to three in the Georgia Bar Journal. Contact program and earn up to two CLE hours of CLE credit. Contact [email protected] to learn more. hours during your training. Visit [email protected] for more www.georgiaLHL.org to learn more. information and to volunteer. BAR BENEFITS Hotel Discounts, Job Resources, & Vendor Directory

DID YOU KNOW? As a member of the Bar, you have access to special discounts at Atlanta and Savannah hotels, a list of job resources for lawyers seeking employment and an online directory of practice-related products and services, sometimes with discounts. CHECK IT OUT www.gabar.org/attorneyresources CONTACT Sheila Baldwin Member Benefits Coordinator 404.526.8618 | [email protected]