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What Duty of Care Does a Homeowners Association Owe Its December 2016 Volume 22, Number 4 ’Tis the Season: GEORGIA BAR Recognizing the Value of Mentoring No Vacation: Top Georgia Criminal Defense Attorneys JOURNAL Travel to Tbilisi A Conversation with Gov. Nathan Deal The Convocation on Professionalism: The New Normal for Delivery of Legal Services THE LEGAL What Duty of Care Does a Homeowner Association Owe Its Members? GEORGIA BAR JOURNAL Get Published Earn CLE Credit The Editorial Board of the Georgia Bar Journal is in regular need of scholarly legal articles to print in the Journal. Earn CLE credit, see your name in print and help the legal community by submitting an article today! Submit articles to Sarah I. Coole Director of Communications [email protected] | 404-527-8791 104 Marietta St. NW, Suite 100, Atlanta 30303 THE VIRTUAL MUSEUM OF LAW MEET PROFESSOR MCGEE AND STRIKER, the newest members of the Law-Related Education Program of the State Bar of Georgia. They are part of the Virtual Museum of Law, a new online educational resource. The site is complete with animated videos of famous cases, quizzes for students and lesson plans for teachers. For more information, email [email protected] or call Director of LRE Deborah Craytor at 404-527-8785. www.thelawmuseum.org Law-related Educa ion Program DECEMBER 2016 HEADQUARTERS COASTAL GEORGIA OFFICE SOUTH GEORGIA OFFICE 104 Marietta St. NW, Suite 100 18 E. Bay St. 244 E. Second St. (31794) Atlanta, GA 30303 Savannah, GA 31401-1225 P.O. Box 1390 800-334-6865 | 404-527-8700 877-239-9910 | 912-239-9910 Tifton, GA 31793-1390 Fax 404-527-8717 Fax 912-239-9970 800-330-0446 | 229-387-0446 www.gabar.org Fax 229-382-7435 EDITORIAL OFFICERS OF THE QUICK DIAL MANUSCRIPT SUBMISSION BOARD STATE BAR OF GEORGIA ATTORNEY DISCIPLINE The Georgia Bar Journal welcomes the submission of EDITOR-IN-CHIEF PRESIDENT 800-334-6865 ext. 720 unsolicited legal manuscripts on topics of interest to Timothy Jerome Colletti Patrick T. O’Connor 404-527-8720 the State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should be 10 MEMBERS PRESIDENT-ELECT CONSUMER ASSISTANCE PROGRAM to 12 pages, double-spaced (including endnotes) and Donald P. Boyle Jr. Brian D. “Buck” Rogers 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). Jacqueline F. Bunn Kenneth B. “Ken” Hodges III 404-419-0155 Please address unsolicited articles to: Tim Colletti, John Clay Bush State Bar of Georgia, Communications Department, David Gan-wing Cheng IMMEDIATE PAST PRESIDENT FEE ARBITRATION 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. Jacob E. Daly Robert J. “Bob” Kauffman 404-527-8750 Authors will be notified of the Editorial Board’s Bridgette E. Eckerson SECRETARY CLE TRANSCRIPTS decision regarding publication. Jake Evans Darrell L. Sutton 404-527-8710 Lynn Gavin The Georgia Bar Journal welcomes the submission Chad Henderson YLD PRESIDENT DIVERSITY PROGRAM of news about local and voluntary bar association Michelle J. Hirsch Jennifer C. Mock 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, Spencer Lawton Jr. Nicole C. Leet 800-682-9806 Director of Communications, 104 Marietta St. NW, Amber L. Nickell 404-527-8741 Kristin M.S. Poland YLD IMMEDIATE PAST PRESIDENT Suite 100, Atlanta, GA 30303; phone: 404-527-8791; Addison Johnson Schreck John R. B. Long 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 materials COMMITTEE 404-527-8791 in alternate formats, please call 404-526-8627 for EDITORS EMERITUS CO-CHAIR GOVERNMENTAL AFFAIRS assistance. Peter C. Canfield 404-526-8608 Bridgette E. Eckerson (2012-15) PUBLISHER’S STATEMENT Robert R. Stubbs (2010-12) CO-CHAIR LAWYER ASSISTANCE PROGRAM Donald P. Boyle Jr. (2007-10) Sonjui L. Kumar 800-327-9631 The Georgia Bar Journal (ISSN-1085-1437) is published six times per year (February, April, June, August, Marcus D. Liner (2004-07) LAW PRACTICE MANAGEMENT October, December) with a special issue in November Rebecca Ann Hoelting (2002-04) COMMUNICATIONS 404-527-8773 by the State Bar of Georgia, 104 Marietta St. NW, Marisa Anne Pagnattaro (2001-02) DEPARTMENT D. Scott Murray (2000-01) LAW-RELATED EDUCATION Suite 100, Atlanta, GA 30303. Copyright State Bar of William Wall Sapp (1999-00) DIRECTOR 404-527-8785 Georgia 2016. One copy of each issue is furnished to Theodore H. Davis Jr. (1997-99) Sarah I. Coole MEMBERSHIP members as part of their State Bar dues. Subscriptions: $36 to non-members. Single copies: $6. Periodicals L. Brett Lockwood (1995-97) ASSISTANT DIRECTOR 404-527-8777 postage paid in Atlanta, Ga., and additional mailing Stephanie B. Manis (1993-95) Jennifer R. Mason William L. Bost Jr. (1991-93) MEETINGS INFORMATION offices. Advertising rate card will be furnished upon Charles R. Adams III (1989-91) COMMUNICATIONS COORDINATOR 404-527-8790 request. Publishing of an advertisement does not L. Dale Owens (1987-89) Stephanie J. Wilson PRO BONO RESOURCE CENTER imply endorsement of any product or service offered. Donna G. Barwick (1986-87) 404-527-8763 POSTMASTER: Send address changes to same address. James C. Gaulden Jr. (1985-86) PROFESSIONALISM Jerry B. Blackstock (1984-85) 404-225-5040 Steven M. Collins (1982-84) Walter M. Grant (1979-82) SECTIONS Stephen E. Raville (1977-79) 404-527-8774 TRANSITION INTO LAW PRACTICE 404-527-8704 The opinions expressed in the Georgia Bar UNLICENSED PRACTICE OF LAW Journal are those of the authors. The views 404-527-8743 expressed herein are not necessarily those of the YOUNG LAWYERS DIVISION State Bar of Georgia, its Board of Governors or 404-527-8778 its Executive Committee. 2 GEORGIA BAR JOURNAL GEORGIA BAR JOURNAL December 2016 | Volume 22 | Number 4 GBJ | The Features 26 Embrace Failure: Get A Good Result in Mediation DAVID ZACKS 28 ’Tis the Season: Recognizing the Value of Mentoring MICHELLE E. WEST 32 No Vacation: Top Georgia Criminal Defense Attorneys Travel to Tbilisi ROBERT G. “BOB” RUBIN, FRANKLIN J. HOGUE, LAURA D. HOGUE AND ANGIE COGGINS 36 2016 Legislative Preview CHRISTINE BUTCHER 38 Stewart County Courthouse at Lumpkin: The Grand Old Courthouses of Georgia WILBER W. CALDWELL PHOTO BY ISTOCK.COM/HANNAMARIAH WHAT DUTY OF CARE DOES A The HOMEOWNER ASSOCIATION OWE Legal ITS MEMBERS? / 18 Julie Liberman 2016 DECEMBER 3 68 ILLUSTRATION BY ISTOCK.COM/PEARLEY GBJ | In Every Issue 5 Editor’s Letter 40 Georgia Lawyer Spotlight ȪȧgÿïïæïoČÿoČïÿĥ 6 From the President A Conversation with Patricia Fortune Ammari Gov. Nathan Deal Michael Monahan 10 From the YLD President Jacob E. Daly 14 From the Executive Director ȪȨo·ªČÌïæS·ğă Ȩȭ\IJª·ïÁČÉ·.·æ·ÿÝïĒæă·Ý A Look at Recent Section Events 44 Bench and Bar Prosecutor by Day, Derrick W. Stanley 50 Attorney Discipline Defender by Night 54 Legal Tech Tips Paula Frederick ȪȪQ·ä¨·ÿ·æ·ĴČă 65 Know Your Bar Online Vendor Directory 76 In Memoriam ȩȪIğgÿªČ̪·Qæ÷ä·æČ Sheila Baldwin 79 CLE Calendar Ten Tips to Build a Strong Bridge: How to Successfully Say 82 Notice ȪȬÿÌČÌæÃQČČ·ÿă “Goodbye” to Your Old Firm Legal-blogging Lessons 83 Classified Resources Natalie R. Kelly from Georgia Lawyers 84 Advertisers Index Jennifer Murphy Romig ȩȬoïĒČÉ.·ïÿÃÌ\IJª· Be Fruitful and Multiply: ȫȦgÿïÁ·ăăÌïæÝÌăäg÷ The Tifton Circuit Bar The Convocation on Complies with Five Sets Professionalism: The New of Twins Normal for Delivery Bonne Davis Cella of Legal Services Avarita L. Hanson ȪȦgÿïïæï Passing the Baton Michael Monahan 4 GEORGIA BAR JOURNAL EDITOR’S LETTER xÉ··ª·ä¨·ÿ9ăăĒ· This issue focuses, in part, on the Bar’s law, as well as ways the Bar emphasizes the purposes: “The purposes of the State Bar of importance of professionalism. Georgia shall be: to foster among the mem- The Pro Bono Star Story features Pa- bers of the bar of this State the principles of tricia Fortune Ammari, a long time At- duty and service to the public; to improve lanta Legal Aid volunteer, who is leaving the administration of justice; and to ad- her footprint by serving senior citizens ON THE COVER vance the science of law.” throughout the state of Georgia with their COVER PHOTO BY ISTOCK.COM/ In the From the President and the From civil legal needs. HANNAMARIAH the YLD President columns, Bar officers The Georgia Lawyer Spotlight column answer the questions “How do you carry continues its series of interviews with out the mission of the Bar? What kind of influential Bar members. For this issue, footprint do you hope to leave?” The Journal Journal Editorial Board member Jacob invites Bar members to ask themselves the Daly sat down with Gov. Nathan Deal same questions. and discussed, in part, his priorities for In the From the President column, State the upcoming legislative session, the de- Bar President Pat O’Connor examines steps clining number of lawyer-legislators and the Bar has taken, as of the halfway point of the importance of criminal justice reform. VISIT the fiscal year, to carry out the Bar’s mission. This issue’s legal article “What Duty gabar.org The president highlights three steps: the of Care Does a Homeowner Association Bar’s PSA/Media Campaign to promote sto- Owe its Members?” answers a question VIEW ONLINE ries of people positively affected by Georgia on everyone’s mind while also offer- lawyers; assisting those mistakenly informed ing analysis and strategies to ameliorate www.gabar.org/ newsandpublications/ by the Board of Bar Examiners that they had an otherwise uphill battle for plaintiff- georgiabarjournal/ failed the Georgia bar exam; and the Aging homeowners.
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