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

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Law-related Educa ion Program DECEMBER 2016

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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 ȩȪIğgÿªČÌª·QæÃ·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·ăăÌïæÝÌăägÃ· 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

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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. Don’t let the ostensible Lawyers Task Force. The PSA/Media Cam- narrow focus fool you—the article exam- FOLLOW paign discussed in this column is also fea- ines circumstances under which fiduciary Twitter tured in this issue’s Know Your Bar column. duties arise, which is a topic every attor- @StateBarofGA YLD President Jennifer C. Mock, in her ney should be familiar with. @Georgia/YLD From the YLD President column, reflects Thank you for reading, and as always, facebook.com /statebarofgeorgia on professionalism’s place in the practice of please let us know what you think. z /GeorgiaYLD youtube.com /StateBarofGeorgia flickr.com /statebarofgeorgia /yld TIM COLLETTI Editor-in-Chief, Georgia Bar Journal Instagram [email protected] @statebarofga

2016 DECEMBER 5 GBJ | From the President

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The official mission of the State Bar of Earlier this year, Bar members were Georgia is “to foster among the members asked to share appropriate case histories of the Bar of this state the principles of for use in these ads. Out of more than duty and service to the public; to improve 50 that were submitted, the committee the administration of justice; and to ad- selected three stories to launch the cam-

PHOTO BY CASEY JONES PHOTOGRAPHY vance the science of law.” paign. The tagline for the campaign is Having reached the halfway point of “Who needs lawyers? We do.” PATRICK T. our 2016-17 fiscal year, I find this an ap- Instead of focusing on lawyers talking propriate time to reflect on how we are about themselves or their personal accom- O’CONNOR living up to that mission, what kind of plishments, these stories are told from the differences we are making in our profes- perspective of the client, which is a more President sion and in the administration of justice, effective means of conveying how real peo- State Bar of Georgia and what kind of footprint and legacy we ple have been helped and how their lives [email protected] will leave for future generations. have been changed for the better through In my view, the State Bar of Georgia the actions of their lawyers. Featured in the is successfully carrying out its mission. first three messages are the stories of: To illustrate the point, I will report on three areas that have had a significant and z Queenyona Boyd, the new mother of positive impact this year and I believe will a four-day-old baby boy. Queenyona continue to do so in the years to come. was wrongly accused of child abuse. Having her child taken away four days after the child’s birth left Queen- PSA/Media Campaign yona, already the mother of a healthy, At the request of the State Bar leadership, happy young daughter, feeling help- the Communications/Cornerstones of less. “It was like having your child Freedom Committee, co-chaired by Son- kidnapped,” Queenyona said. Ironi- jui Kumar and Peter Canfield, along with cally, Queenyona had been active the State Bar Communications Depart- for years in Georgia’s child welfare ment staff, engaged a Georgia-based me- community fighting for the rights of dia consulting firm to develop a series of young people in foster care. Queen- public service announcements (PSAs) to yona and her husband were repre- promote real-life stories of people whose sented by Atlanta attorney Diana lives have been positively affected by the Johnson, who was able to prove the work of Georgia lawyers. parents’ innocence and arrange the

6 GEORGIA BAR JOURNAL return of their son. While an eternity to the parents, the baby boy came home in just 27 days. “My lawyer put OFFICERS’ BLOCK a lot of time into making sure I got my baby back,” a relieved Queenyona For this issue of the Georgia Bar Journal, we asked our Bar officers, said. “I credit my lawyer for that.” “How do you carry out the mission of the Bar? What kind of footprint z Murray English, a decorated Viet- do you hope to leave?” nam veteran who served 18 years in the military and worked 25 years in the construction industry before circumstances beyond his control left him homeless and with no benefits for five long years. Trusted relatives PATRICK T. O’CONNOR pilfered his savings. Fortunately, Jeff President Nix of Troutman Sanders LLP took Through service, I make an effort to carry out the a personal interest in Murray’s case mission of the Bar by seeking to give back to a and cut through the red tape and bu- profession that has given so much to me. In my reaucracy, restoring Murray’s iden- practice, I try to be more concerned with the interests tity and veteran’s benefits. As Murray of my client than the amount of my fee. put it, “My lawyer got everything back for me. Got me my name back. Things I had spent years trying to accomplish, he was able to accomplish in less than a week. I was homeless, KENNETH B. “KEN” HODGES III but now I have a home—thanks to Treasurer my lawyer.” Georgia is often divided into two regions—Atlanta and everywhere else. Working in Albany and Atlanta z Jarryd Wallace, an athlete who had and practicing all over this great state, allows me to been a Georgia state champion in see and hear the concerns of all Georgia lawyers so two middle-distance track events as that I can effectively address issues that are raised a high school junior and was heav- with a global and balanced perspective. ily recruited by Division I colleges. When he was 19, a surgery to correct Exertional Compartment Syndrome went wrong, and a year later, Jarryd DARRELL L. SUTTON made the difficult decision to have Secretary his leg amputated. His lawyer, Jim By remaining a good steward of the Bar and its Matthews of Blasingame, Burch, resources and ensuring both work for the benefit Garrard and Ashley PC in Athens, of all Georgia lawyers, I strive to carry out our was able to uncover what had gone mission. This includes ensuring that the Bar, more than anything else and in all that it does, remains wrong, negotiate a monetary settle- dedicated to the entirety of our profession by ment, help find expert doctors to serving every Georgia lawyer alike. perform the amputation, and get Jarryd fitted with a prosthetic blade —enabling Jarryd to compete again, ROBERT J. BOB KAUFFMAN this time as a Paralympian. Jarryd “ ” Immediate Past President set three world records at the World Championships in 2013 and was a During my year as president, my goal was to have member of the U.S. Paralympic team the Bar provide greater value to its members. To in 2012 and 2016. Jarryd, now 26, that end, I had three goals: to complete the strategic plan; to initiate a review of our discipline process; said, “My lawyer helped make my and to create a wellness taskforce. I am confident second run at life possible.” these efforts, with the support of the staff we have at the Bar, and the service provided by the Board of These real-life stories illustrate the Governors, will continue the good works of the Bar in work that lawyers do all over Georgia fulfilling its mission.

2016 DECEMBER 7 (Left to right) Queenyona and A.J. Boyd with attorney Diana Johnson. every single day. They help remind us examinations resulted in 90 applicants support for the newly admitted law- of why we became lawyers in the first being mistakenly notified that they had yers who wished to speak with them. place, and how blessed we are to have failed the bar exam when, in fact, they z The Law Practice Management Pro- the ability to help others resolve difficult had passed. gram, an invaluable resource com- situations. For many, lawyers are their The Office of Bar Admissions and Board mitted to marshaling the resources best and sometimes only hope for justice of Bar Examiners are independent of the we have available to ensure that each and fairness. State Bar of Georgia, and the State Bar does new lawyer is given every opportuni- The PSAs, expertly produced by the not administer the bar exam or manage ty to succeed. This program provides Dalton Agency, will be distributed for the test results. Nevertheless, through our a wealth of information regarding all a reasonable amount from our Corner- Membership Department, we quickly took practice management needs, includ- stones of Freedom program budget this additional steps to assist the exam takers as ing assistance for those thinking month. To get the most bang for our they began their law practices. about starting their own practices. buck, they will also be shared on multiple John Sammon of the Board of Bar Ex- social media platforms. All Bar members aminers called each of the 90 test takers z Within three weeks of the scoring can further assist in getting these messag- personally. On behalf of the Bar, I sent a errors being discovered, the State es out to the public through your social personal letter to each of the newly ad- Bar hosted a mass swearing-in cer- networks, or by sponsoring their place- mitted Bar members, highlighting State emony at the Bar Center, conducted ment on local TV stations or billboards. Bar programs and resources aimed at by the Superior Court of Fulton If you have not yet seen the PSAs, you helping them begin their careers in the County. Our Membership Depart- can find them at www.ganeedslawyers.org. legal profession, including: ment staff was on hand to enroll You can also submit story ideas to be fea- new lawyers, as were our YLD of- tured in future announcements. Contact z The Transition into Law Practice ficers, other Bar leaders and Transi- Sarah Coole, director of communications, Program, which provides volunteer tion into Law Practice Program and at 404-527-8791 or [email protected], for mentors to newly admitted lawyers Law Practice Management Program more information. who are setting up a full-time solo staff to network and provide re- practice and varied career program- sources during a reception following ming and networking opportunities the swearing-in ceremony. Assisting New Lawyers for beginning lawyers in all practice I would like to again welcome these new As most of you learned in September settings. lawyers into the practice of law and thank through media reports or other sources, z Automatic membership in our Young all Bar members and staff who stepped up the Georgia Board of Bar Examiners Lawyers Division (YLD) upon Bar to the plate to assist our new colleagues in determined that errors in the scoring enrollment. Our YLD leaders made the wake of such unusual, unfortunate and of the July 2015 and February 2016 bar themselves available for peer-to-peer unexpected circumstances.

8 GEORGIA BAR JOURNAL (Left to right) Murray English with attorney Jeff Nix. (Left to right) Attorney Jim Matthews with Jarryd Wallace.

Aging Lawyers Task Force Responsibility Lawyers and the American developing an education platform cov- The State Bar has dozens of standing and Bar Association’s Commission on Lawyer ering a range of issues from signs and special committees. The work of these Assistance Programs. symptoms of cognitive impairment to committees, while conducted mostly In addressing the issue, the task force financial planning for retirement; a non- behind the scenes, is vital in addressing is seeking to find the proper balance be- disciplinary track for lawyers with cog- major issues facing the legal profession. tween the growing number of lawyers nitive issues; resources for lawyer suc- One of these special committees is our with age-related challenges who are insuf- cession planning; engaging stakeholders Aging Lawyers Task Force, co-chaired by ficiently prepared for transitioning away to further identify issues, resources and Bill Gentry, board of governors member from their practices and the rights of un- recommendations; providing career and from Marietta, and State Bar Secretary impaired older lawyers to continue apply- community opportunities for personal Darrell Sutton. The task force is study- ing their experience, insight and wisdom fulfillment, especially pro bono work and ing and preparing recommendations to in their practices, to the benefit of them- access to justice issues; and coordinating respond to and assist lawyers who are ex- selves, younger lawyers and the public. with the YLD’s partnering project for periencing age-related issues, including The task force will ultimately propose new and older lawyers. age-related cognitive impairment. solutions and best practices on age-related Long-term recommendations to be The “graying” of the baby boomer gen- issues for the attorney grievance commit- considered for the next several Bar years eration is having an impact on many pro- tees, the courts and the State Bar. It will call for an enhanced education platform fessions, including the legal profession, na- also coordinate with other Bar commit- to help later generations of lawyers plan tionally and in our state. The median age tees to develop resources for attorneys for a rewarding and fulfilling retirement, of lawyers in the United States has risen about other services available, succession as well as refining and implementing re- steadily from 39 in 1980 to 49 in 2005. In and retirement planning, cognitive issues, sources for lawyer succession planning. Georgia, more than one-third of all active educational programs, and other practice Bar members are 55 or older, and approxi- management tools and local resources. The State Bar of Georgia is a posi- mately 12 percent are 65 and older. Immediate-term recommendations tive force in the continuing effort to “The unavoidable conclusion is that as now under consideration include the de- strengthen our system of justice. These lawyers age and remain in practice, statis- velopment of a Senior Lawyers Division; are just a few of the many areas in which tically a greater number will experience development of an alternative member- the Bar is working this year to make a cognitive impairments, as well as sig- ship classification for cognitively im- lasting, positive impact on the legal nificant medical problems, such as heart paired lawyers; and lowering the age profession and on the lives of Geor- disease and strokes,” according to the and practice requirements for emeritus gia citizens. As always, I welcome your Second Joint Committee on Aging Law- membership status. comments and suggestions on these and yers of the National Organization of Bar Short-term proposals to be considered other issues we are facing and actions we Counsel, the Association of Professional for the next one or two Bar years include are taking. z

2016 DECEMBER 9 GBJ | From the YLD President

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Reflecting on his stellar career in the taking an arrogant, bullying “my-way-or- 1980s and 1990s, Baseball Hall of Famer the-highway” approach. Ryne Sandberg once said, “I was taught Being a lawyer is so much more than you never, ever disrespect your oppo- fighting to win on every single issue. It nent or your teammates or your organi- also requires an ability to pick our battles zation or your manager and never, ever and to ensure the outcome of each case is your uniform.” as fair and equitable as possible. JENNIFER C. MOCK That philosophy can easily be translat- Fortunately, professionalism has long ed from the baseball diamond to serve as a been a top priority in Georgia’s legal com- basis for the ideal of professionalism in the munity. In 1989, the Supreme Court of YLD President practice of law. We have all been taught Georgia created the Chief Justice’s Com- State Bar of Georgia to never, ever disrespect our opposing mission on Professionalism, the first of [email protected] counsel, our colleagues, our law firm, our its kind in the nation. With representa- judges or our courts and never, ever the tion from the organized bar, practicing privilege we have to represent our clients bar, judiciary, law schools and the public, as members of the legal profession. the commission serves as the institutional Most of us consider ethical and pro- framework for sustaining an environ- fessional conduct a “given” in the prac- ment that fosters professionalism in the tice of law. Professionalism comes to legal community. mind only when it is time to fulfill the The commission’s work focuses on annual CLE credit requirement and, educational programming; periodic recon the unfortunate and hopefully rare ommendations to the State Bar, the judi- occasions when we must deal with an ciary and the law schools in Georgia; and uncooperative, unethical and, yes, un- coordination of professionalism activities professional attorney. of the organized bar, courts, law schools In my opinion, clients are better served and law firms. when their lawyers exhibit common The Supreme Court also amended courtesy and respect for their colleagues, Georgia’s mandatory CLE rule to require including opposing counsel, instead of all active Georgia lawyers to complete one

10 GEORGIA BAR JOURNAL hour of professionalism CLE each year. The OFFICERS’ BLOCK requirement’s objective, according to the State Bar website, “is to create a forum in For this issue of the Georgia Bar Journal, we asked our YLD officers, which lawyers, judges and legal educators can How do you carry out the mission of the Bar? What kind of footprint explore the meaning and aspirations of pro- “ do you hope to leave? fessionalism in contemporary legal practice ” and reflect upon the fundamental premises of lawyer professionalism—competence, civil- ity, integrity, and commitment to the rule of JENNIFER C. MOCK law, to justice, and to the public good. Build- YLD President ing a community among the lawyers of this I always strive to be fair and accommodating to opposing state is a specific goal of this requirement.” counsel and opposing parties while ensuring that it does As opposed to being a one-time reminder not greatly compromise the goals and objectives of my of the problems in contemporary law prac- client. I hope that my actions foster a new attitude by our tice, the annual CLE requirement seeks to society toward attorneys and the courts. turn professionalism into a constant aware- NICOLE C. LEET ness for every Georgia lawyer. “If success- YLD President-Elect ful,” the website adds, “professionalism CLE I strive to meet the mission of the Bar by not only trying to lead courses will inculcate a habit of talking with by example, but encouraging other young lawyers to become colleagues and engaging in dialogue that is leaders in their own practices and communities. By stepping essential to a healthy professional life. They up to serve both the profession and our communities, lawyers can help inspire others to lead and serve. also will encourage the habit of reflection (or the “stop and think” rule of morality). They RIZZA O’CONNOR will acquaint lawyers with the harsher re- YLD Treasurer alities of the profession, but also will equip It is important that the Bar remain unified to demonstrate the them with a variety of strategies for coping value of working together despite different perspectives and with these realities. They will also deepen ideologies. As a minority woman, working in a rural area, elected to a statewide YLD leadership position, I seek to keep lawyers of one’s awareness of a lawyer’s particular pro- all stripes unified in accomplishing the Bar’s mission. fessional situation and can provide a sense of empowerment or control over a profession- WILLIAM T. “WILL” DAVIS al career rather than a passive acceptance of YLD Secretary an untenable situation. They should expand Everyone deserves a seat at the table. As lawyers, we must the horizons of participants with respect to not only advocate for our clients but also for those in the the richness and variety of the profession public who might not have someone to stand up for them. I and the range of interests compatible with hope to leave a footprint of inclusivity and kindness. practice in the profession. And lastly, they can stimulate the imagination about the po- JOHN R. B. “JACK” LONG tential of a professional life.” YLD Immediate Past President With separate one-hour requirements I hope to have left a footprint on the YLD as the service arm of for each, the Supreme Court’s distinction the Bar. Last year, we raised hundreds of thousands of dollars between ethics and professionalism is re- and volunteered thousands of hours for a number of worthy causes across the state of Georgia. flected in the CLE program. The distinction is discussed in the commission’s online description by three former chief justices, SHAMIRACLE S. JOHNSON Harold Clarke, Robert Benham and Nor- YLD Newsletter Co-Editor man Fletcher. According to Justice Clarke, Service to the public is one way that I carry out the Bar’s “. . . ethics is a minimum standard which is mission. For the past six years, I have mentored at-risk At- lanta youth through the Sister to Sister Mentoring Program. required of all lawyers, while professional- The footprint I desire to leave on the young ladies I mentor ism is a higher standard expected for all law- is one of self-love and respect. yers.” Justice Benham added, “We should expect more of lawyers than mere compliance HEATHER RIGGS with legal and ethical requirements.” Justice YLD Newsletter Co-Editor Fletcher explained, “I have concluded that I believe strongly in leading by example. Being a role model professionalism, in a legal sense, is to a great for the principles we hold dear is one way I carry out the mission of the Bar. The footprint I hope to leave is one of extent practicing the golden rule. It is not— expecting nothing more of others than I expect for myself.

2016 DECEMBER 11 do my opponent in before my opponent educational programs to assist lawyers does me in—but rather, it is do unto your in achieving the ethical and professional

GEORGIA BAR fellow attorneys, the judges and society as standards set forth for the legal profes- you would have them do unto you.” sion. This committee works with the In a Court of Appeals of Maryland Chief Justice’s Commission to raise JOURNAL Professionalism Course for new ad- awareness in new developments concern- mittees to the Maryland Bar in 1992, ing ethics and professionalism in the legal then-Justice Sandra Day O’Connor of field. The committee also annually recog- the U.S. Supreme Court was quoted as nizes one young lawyer who has demon- defining professionalism thusly: “To me, strated outstanding professionalism with the essence of professionalism is a com- its Ethics & Professionalism Award. mitment to develop one’s skills to the When I was younger, I never thought fullest and to apply that responsibly to that I wanted to be a lawyer. At the time, DIGITAL the problems at hand. Professionalism the only thing I knew about lawyers was EDITION requires adherence to the highest ethi- that “they like to argue.” In fact, I was cal standards of conduct and a willing- more of a peacemaker among friends ness to subordinate narrow self-interest during my younger years. So I wasn’t in pursuit of the more fundamental goal even sure that law school was right of public service. Because of the tremen- for me. dous power they wield in our system, However, throughout my practice as Download today to lawyers must never forget that their duty a lawyer, I have learned that better re- enjoy single issues at to serve their clients fairly and skillfully sults are achieved when attorneys look www.gabar.org/ takes priority over the personal accumu- at themselves as peacemakers instead of newsandpublications/ lation of wealth. At the same time, law- fighting tooth and nail on every conflict yers must temper bold advocacy for their in a given case. georgiabarjournal/ clients with a sense of responsibility to Attorneys should fight for what is fair the larger legal system which strives, and equitable but usually that includes however imperfectly, to provide justice both sides compromising a little and help- for all.” ing your client see the opposing party’s The Chief Justice’s Commission, ac- point of view. cording to the State Bar website, looks State Bar Past President Robin Frazer at professionalism “as a wide umbrella of Clark, writing in the April 2013 edition values encompassing competence, civil- of the Georgia Bar Journal, concluded “the ity, legal ethics, integrity, commitment ideals of professionalism in the practice to the rule of law, to justice and to the of law are aimed at ensuring our field public good. Professionalism calls us to be remains a ‘high calling’ and not ‘just a mindful of the lawyer’s roles as officer of business like any other,’ enlisted in the the court, advocate, counselor, negotiator service not only of the clients, but of the and problem solver. Professionalism asks public good as well. . . . (T)he American us to commit to improvement of the law, justice system is governed by our courts, the legal system and access to that system. from the U.S. Supreme Court on down. These are the values that make us a profes- But much of what lawyers do on a daily sion enlisted in the service not only of the basis is not in the courtroom or under client but of the public good as well. While the direct supervision of a judge. As of- none of us achieves perfection in serving ficers of the court, we each have a duty these values, it is the consistent aspiration to self-regulate our daily practices to—as toward them that defines a professional. declared in the mission statement of the The commission encourages thought not Chief Justice’s Commission on Profes- only about the lawyer-client relationship sionalism—‘exercise the highest levels of central to the practice of law but also about professional integrity in their relation- how the legal profession can shape us as ships with (our) clients, other lawyers, people and a society.” the courts, and the public and to fulfill The State Bar’s Young Lawyers Di- (our) obligations to improve the law and vision, through our Ethics and Profes- the legal system and to ensure access to sionalism Committee, works to develop that system.’” z

12 GEORGIA BAR JOURNAL HELPING YOU FIND YOUR WAY

2017 OPEN Shop for your 2017 Health Insurance plan through the ENROLLMENT Health Insurance Exchange for State Bar of Georgia Members

This online exchange was designed for members, their staff, and dependents, to compare and purchase products from leading insurance providers. The marketplace is available for individuals or employer groups and offers a variety of insurance products. If you or your staff can’t decide what coverage is best for you, take advantage of the interactive decision support tools or live chat. If a more personalized approach is preferred, a licensed Benefits Counselor is just a phone call away. IMPORTANT DATES*

November 1, 2016...... First day you can shop in the exchange for 2017 coverage. December 15, 2016...... Enroll by this date for coverage that starts on January 1, 2017. January 1, 2017...... First available effective date for 2017. January 31, 2017...... 2017 Open Enrollment ends.

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Products sold and serviced by the State Bar of Georgia’s recommended broker, Member Benefits. ADMINISTERED BY: The State Bar of Georgia is not a licensed insurance entity and does not sell insurance.

*Dates are subject to change. GBJ | From the Executive Director

,ăČªă·Ʌ .ĄºđQºè«ºĄºêºĸđ Just Got Better

For the past six years, all members of The State Bar is pleased to announce the State Bar of Georgia have enjoyed that this already-great member benefit free access to the Fastcase legal research just got better. Fastcase 7, the all-new system. This exclusive member benefit version of Fastcase, became available provides access to one of the largest law to Bar members in November. Fastcase libraries in the world and a variety of 7 is an even more fluid and easy-to- Georgia legal materials, including case navigate online legal research library. law, statutes, regulations, court rules and It has all of the familiar features and attorney general opinions, as well as a tools, plus an enhanced Forecite, Tag JEFF DAVIS 50-state and federal legal database. Cloud, Authority Check and Bad Law The State Bar’s Member Benefits Bot (the first big data service to iden- Committee recommended Fastcase to the tify negative citations to judicial opin- Executive Director Board of Governors in 2010 in an effort ions), more advanced search options, State Bar of Georgia to provide the best possible online legal new results screen options, larger fonts [email protected] research service to our members. The and selections to make documents easier recommendation came after a two-year to read on computer screens, and new period of consideration by the commit- dual-column printing options. tee, which included listening to members’ You have the ability to choose when needs and initiating an intense compari- you want to upgrade to Fastcase 7. A slider son of several legal research providers. in the top right corner of your screen al- Fastcase is an ideal service for con- lows you to toggle back and forth between ducting online legal research and a valu- Fastcase 7 and the classic Fastcase service able resource for Bar members. Busy (see fig. 1). lawyers appreciate having the most com- When you take the leap and use the prehensive database, interactive search new Fastcase 7 version, you’ll get the fol- features and easy-to-use technology at lowing new features and additions, de- their fingertips. Fastcase features smarter scribed as follows by the company. technology to bring the best documents to the top of the results list, as well as sorting technologies that allow users to New Home Screen customize results for the type of research As soon as you enter Fastcase 7, you they are doing. will be greeted with a guided visual

14 GEORGIA BAR JOURNAL tour that automatically loads the first time you toggle over and can be viewed 1 anytime, as many times as you need. You will notice several resources, tools and updates are prominently displayed, including: Help resources, such as the ability to live chat with a Fastcase reference attorney, any new results on alerts you have set for particular searches, and quick access to a more abundant and detailed version of your search history than was available in previous versions of Fastcase (see fig. 2).

More Advanced Search For the first time you can search across different types of materials at the same time. Cases, state constitutions, attorney general opinions—choose to search everything or filter results down to just a select 2 category. You can also choose to search across all materials associated with a particular state jurisdiction simultaneously.

Results Screen When you run a search on Fastcase 7 your main results are accompanied by several tools, all on the same page. These panels can be hidden or expanded without any load time; everything is pre-loaded. You can also move panels and customize your research experience (see fig. 3). You control which results are displayed with the Filter pane and can clear and apply filters to your heart’s content without ever leaving the results page. The Tag Cloud is the first of its kind in the legal research space. You can ascer- 3 tain which terms are being used to discuss a legal issue in a flash, and can click any term to see only results that use that term. The Interactive Timeline is now displayed directly below your search results. You do not have to go to another page to view the timeline, and can now see your results and the data visualization of those results simultaneously. Suggested Results are displayed alongside your main results for every search. This right-hand column is no longer just for HeinOnline materials, but Forecite Results, Journals and everything in between. Additionally, you get bottomless

2016 DECEMBER 15 results. There are no pages of cases to an intelligent name, so you can identify participants will log in to their account click through on Fastcase 7. When you them in a snap. on a computer (provided) and research scroll to the bottom of the initial results, Bar members can also continue to cases using the advanced tools and tech- more results will load automatically. utilize the Fastcase legal research appli- niques presented. The Fastcase app will cation on your iPhone, iPad or Android be reviewed and several other ancillary devices. With the free download of the research tools as well. Document Page award-winning app, users can search LPM also offers “Introduction to Fast- Fastcase 7 makes reading cases on a screen Fastcase’s comprehensive national law case” live training. This hour-long pro- easier by using large, beautiful fonts. You library of cases and statutes from any- gram is designed to familiarize partici- can make the reading experience even where at any time. pants with this valuable member benefit cleaner by activating full screen mode us- The mobile app incorporates Fast- and is presented twice each month at the ing the diagonal arrows on the top right case’s smarter search tools from the web Bar Center in Atlanta with CLE credit. of the opinion text. Your results list is environment, including powerful algo- Additionally, Fastcase offers three now displayed alongside the opinion text rithms that rank best results first, cita- options for webinar training hosted by in larger format. You can favorite or add tion analysis tools and Mobile Sync with a Fastcase attorney: “Introduction to cases to your print queue directly from an desktop subscriptions to Fastcase. The Fastcase,” “Boolean (Keyword) Search- opinion page. app is free to download, and although ing” and “Advanced Tips for Enhanced it requires a registration, it is free to Legal Research.” use, either with or without a Fastcase Please check the State Bar calendar at New Authority Check desktop subscription. www.gabar.org for training dates and You can view Authority Check alongside registration. If you have any technology your opinion. All of your citing cases, the questions or want to know more about case-level Interactive Timeline and Bad Free Fastcase Training + Three any of your other benefits as a mem- Law Bot, can be viewed without open- Hours of CLE ber of the State Bar of Georgia check ing a new tab or window. Statistical in- To ensure our members are getting the out the Bar website, www.gabar.org, or formation about which jurisdictions are most out of this valuable member benefit, contact Member Benefits Coordinator citing your case is now clearer so you can the State Bar’s Law Practice Management Sheila Baldwin at [email protected] or spot trends in the law on the fly. You can (LPM) Program hosts a monthly interac- 404-526-8618. view the Authority Check report right tive Fastcase class with three hours of CLE We are excited to be one of the first next to your case, or expand it for the full credit. This class bundles all the current bar associations to provide the latest in dashboard view. courses, “Introduction to Fastcase,” “Bool- legal research technology to our mem- ean (Keyword) Searching” and “Advanced bers. The Fastcase service ordinar- Tips for Enhanced Legal Research” into ily costs $995 per year for an individual New Dual-Column Printing one hands-on course designed to help subscriber, but State Bar members have Now you can download up to 500 docu- you get to the best information faster and complimentary access to Fastcase and ments at a time in a zip file, with each smarter. The first hour is an overview Fastcase 7. Be sure to make the most of document in a separate file. Each file has explaining how to use Fastcase, then this great member benefit. z

STATE BAR OF GEORGIA Member Beneﬁts

FASTCASE LEGAL RESEARCH The State Bar of Georgia offers all of its members a comprehensive national law library on your computer/tablet/smartphone, with online access to cases, statutes, regulations, court rules and bar publications. Apps and mobile sync aid mobility in regard to legal research.

Learn more at www. gabar.org or contact Sheila Baldwin at 404-526-8618

16 GEORGIA BAR JOURNAL MARCH 15-18, 2017 • HILTON CHICAGO

MEMBERS RECEIVE A $150 DISCOUNT Get the best legal technology with a discount on registration to ABA TECHSHOW for the members of The State Bar of Georgia

GBJ | The Legal ÉČĒČĥ ïÁÿ·ï·ă 6ïä·ïğæ·ÿ ăăïªÌČÌïæ \ğ·9Čă Q·ä¨·ÿăɍ

Attorneys in Georgia increasingly are being asked not just to defend lawsuits for unpaid assessments and ĸêºĈÄóĄááºÆº³ĢÏóáđÏóêĈɊ«ėđđó ³ĢÏĈºÌóèºóģêºĄĈģÌºđÌºĄđóĈėº their associations before being sued. But under what cause of action? BY JULIE LIBERMAN

Members of homeowner associations and condominium associations frequently clash with these entities’ boards of directors over the use of both private and common property in their communities. These disputes may concern, for example, responsibility for maintaining and repairing common elements in a condominium, such as roofs, swimming pools, elevators or en- tryways, or relatively minor matters such as the permissible color of a homeowner’s front door. Regardless of the magnitude of the matter, homeowners often find themselves in the unenviable position of facing an unyielding board composed of their neighbors, and often feel they are the victims of arbitrary or draconian decisions that have very real effects on their property rights or assessment obligations without due process. The results can be harsh. The board, for example, might require that a homeowner

PHOTO BY ISTOCK.COM/HANNAMARIAH pay to maintain property in an area where

2016 DECEMBER 19 ownership or responsibility, or both, are a homeowner for collection of any unpaid in dispute, or change the way the home- assessments or fines. owner has used his property for decades, Even if only as a matter of principle, with daily fines imposed for failure to homeowners are more willing than ever to comply. Frequently, the homeowner con- stand up to their homeowner associations cludes that the board has abused its power and to seek legal counsel when doing so. and that the board’s decision-making pro- Attorneys in Georgia increasingly are being cess lacks fairness. asked not just to defend lawsuits for unpaid Homeowners often feel a board com- assessments and fines for alleged violations, posed of their neighbors should be held to but to advise homeowners whether to sue the same standards and levels of compli- their associations before being sued. But ance with procedures to which the home- under what cause of action? When a board’s owners are held. For example, the asso- failure to follow the covenants implicates ciation can levy fines for a homeowner’s property rights, or the misuse of associa- failure to store a trash can in the precise tion funds, do fiduciary duties come into location dictated by the governing docu- play? Whether a fiduciary duty is owed by ments. But Georgia law is more forgiving the board to the homeowners is a nuanced when it comes to a board’s failure, for ex- question and a legal issue ripe for develop- ample, to precisely follow its own requirement in Georgia. ments for providing notices of meetings or voting procedures. A declaration of covenants is a contract What Is a Breach of Fiduciary to which the association and its members Duty under Georgia Law? are equally bound, and as such, the cov- The general concept of fiduciary duty enants are interpreted according to the under Georgia law is beyond this article’s general rules of contract interpretation.1 scope. However, certain cases involving Generally speaking, a board is required homeowner associations have looked to only to substantially comply with the pro- general statutory and case law on fidu- cedures set forth in the community’s gov- ciaries. It is, therefore, useful to examine erning documents.2 While a homeowner those general concepts to understand cur- may conclude that if the board fails to fol- rent Georgia law of fiduciary duty in the low those rules and procedures, the board context of community associations. is in breach of contract or a duty, the con- Under Georgia tort law, a fiduciary clusion might not be legally accurate. Add- duty can be established when the parties ing to the homeowner’s difficulties, most are in a “confidential relationship.” This neighborhood governing documents are defined is by statute as follows: drafted to ensure a contractual basis for an award of attorney fees to the association, Any relationship shall be deemed con- without the need to prove defendant’s bad fidential, whether arising from nature, faith,3 upon prevailing in litigation against created by law, or resulting from contracts, where one party is so situated as to exercise a controlling influence over the will, conduct, and interest of another or where, from a similar relationship of mutual confidence, the law requires the utmost good faith, such as the re- Whether a fiduciary duty is owed by the lationship between partners, principal board to the homeowners is a nuanced and agent, etc.4 question and a legal issue ripe for The statute sets forth business partner- ships and principal and agent relationships development in Georgia. as examples of confidential relationships. Georgia case law recognizes other confidential relationships, including relationships between a trustee and beneficiaries

20 GEORGIA BAR JOURNAL of a trust,5 between spouses,6 and between duty owed by a homeowner association and that group acts, the only judicial a clergyman and members of his church.7 directly to an individual homeowner. issues are whether the exercise of that The list is not exclusive. authority was procedurally fair and The statute refers to an exercise of one Is a Homeowner in a Confidential reasonable, and whether the substan- party’s “controlling influence” over an- Relationship with the Board or its tive decision was made in good faith, other, but the control at issue has a nar- Directors and Officers? and is reasonable and not arbitrary and row application. It does not, for example, The question thus becomes, for purposes capricious.21 concern the parties’ relative bargaining of establishing fiduciary duties, could a power. When one party clearly possesses homeowner ever be justified in “repos- Unfortunately, the Bailey court did superior control over information, and ing confidence” in the board of his home- not analyze the plaintiff’s fiduciary duty is better positioned to dictate contrac- owner association? Two cases brought by claim against the defendants individu- tual terms (such as employer to employee individual homeowners in direct actions ally, nor did it analyze the three elements and creditor to debtor), no fiduciary duty for breach of fiduciary duty provide some of breach of fiduciary duty as to any of exists because these and other business guidance, if not definitive answers, for the defendants. That analysis would have relationships are deemed arms-length.8 the unwary litigant. been instructive, given that as a threshold Moreover, when bargaining power is A 2010 case, Bailey v. Stonecrest Con- matter, the first element of the general indisputably unequal, such as when one dominium Association, Inc.,16 primar- test—existence of a fiduciary duty—was party to a contract is illiterate and the ily concerned discrimination under the at issue. Did the association itself owe a other is not, a confidential relationship Georgia Fair Housing Act (GFHA), but fiduciary duty to the plaintiff? Did the does not necessarily exist either.9 also presented claims for breach of fi- property management company? Did The statute’s reference to a relation- duciary duty against the association, its the officers or individual members of the ship of “mutual confidence” provides property management company and the board of directors? scant practical guidance. The Court of board of directors. The plaintiff asserted The court also did not fully address the Appeals of Georgia has held that no fi- two bases for these claims. First, the as- plaintiff’s contention that the board failed duciary duty arises in a relationship of sociation had passed amendments that to follow proper meeting notice and vot- mutual trust and confidence in each restricted leasing, and the restrictions al- ing procedures, because the plaintiff failed other’s integrity, which is presumed in legedly constituted racial discrimination. to cite evidence in the record to support arm’s-length transactions.10 Additionally, The resulting violation of the GFHA was that contention and because the court re- the mere fact that one party voluntarily the first basis alleged as a breach of fidu- versed the grant of summary judgment reposed trust and confidence in another, ciary duty. The plaintiff also contended to the defendants on the GFHA claim.22 alone, is not enough to establish the re- that the board breached a fiduciary duty The court remanded the case for a fac- lationship.11 The relevant inquiry is not when it allegedly failed to follow proper tual determination as to “whether the whether (or the degree to which) one par- procedures to notify homeowners of a defendants’ substantive decision to adopt ty has exercised influence over another,12 meeting at which a vote on the amend- the leasing restriction amendments was nor the degree to which the parties have ments would take place.17 made in good faith, was reasonable, and mutual confidence in one another, but In addressing these claims, the Court was not arbitrary and capricious.”23 One whether one party is justified in reposing of Appeals of Georgia began by citing the interpretation of this decision is that if a confidence in the other and why.13 general rule governing all such claims, jury found the defendants’ decision to be The fact-specific determination of requiring proof of the three elements unreasonable or arbitrary and capricious, whether one party justifiably reposes con- of the claim: (1) the existence of a fidu- that finding would necessarily amount to fidence in the other ordinarily presents a ciary duty; (2) breach of that duty; and a breach of the greater duty of a fiduciary. jury question.14 Accordingly, we might (3) damage proximately caused by the However, while logical, this reasoning assume that with the right set of facts, a breach.18 However, the court’s ruling fails to settle the question of whether the homeowner could make a convincing case did not turn on whether any of the ele- duty of “utmost good faith” is owed in this that he justifiably reposed confidence in the ments of a breach of fiduciary duty had context at all, much less by whom. board of directors of his homeowner asso- been proved, but instead on a different A contrasting approach to the issue was ciation, and that the board owed him “the standard, routinely cited when owners taken by the Court of Appeals of Georgia utmost good faith.” The benefits of proving challenge a homeowner association de- in the 2011 case Campbell v. Landings As- such a duty would include, for example, a cision.19 The standard derives from the sociation, Inc.24 In that case, the plaintiff- heightened responsibility for the fiduciary Supreme Court of Georgia’s opinion homeowner alleged, among other things, a to disclose facts, and a lessened responsibil- in Saunders v. Thorn Woode Partnership, breach of fiduciary duty by the homeowner ity on the plaintiff-homeowner to investi- L.P.,20 and provides as follows: association when its general manager uni- gate facts.15 However, to date, no set of facts laterally adopted a policy banning airboats in any reported Georgia appellate decision Where . . . the declaration delegates from its marinas.25 In the division of the has definitively established a heightened decision-making authority to a group opinion concerning the breach of fiduciary

2016 DECEMBER 21 duty claim, the court ruled that the board mere dicta. Moreover, the Hall opinion did not owe the homeowner a fiduciary does not indicate to whom any fiduciary duty merely by virtue of the homeowner’s duty is owed, whether to the association status as a “resident” of the association.26 itself or to the homeowners. The court stated that “the burden is on the Bailey was cited again by the Court of party asserting the existence of a fiduciary Appeals of Georgia in its 2014 opinion or confidential relationship to establish its Thunderbolt Harbour Phase II Condominium existence. Campbell’s mere reliance upon Association v. Ryan.32 In Thunderbolt Har- his status as a resident of the Landings, bour, a homeowner association board sued without more, fails to establish such a re- its sole officer and director for breach of fi- lationship.”27 Campbell was, in fact, a land- duciary duty in connection with failure to owner and member of the association, not adequately inspect and repair construction merely a “resident” nonmember. defects. The director moved for summary The court could have, but did not, judgment, contending that Georgia law did follow the Saunders line of inquiry into not recognize the cause of action against a whether the general manager’s decision sole officer and director, and that the asso- to ban airboats was “procedurally fair and ciation lacked standing to bring the claim. reasonable, and whether the substantive The trial court granted the motion but the decision was made in good faith, and is Court of Appeals reversed, noting that an reasonable and not arbitrary and capri- agency relationship between the parties was cious.” It is unclear from the opinion at play under those facts.33 The court cited whether the homeowner briefed the issue Bailey as precedent “recognizing a claim for FQ;Sż-N;Ƒ under that standard. As such, the Camp- breach of fiduciary duty against the board” bell opinion suggests that homeowner liti- and found that whether a confidential rela- CONNECTED gants need to advocate more pointedly for tionship existed was for a jury to decide.34 the application of the fiduciary standard The citation to Bailey in the Hall opin- under particular facts that justify reposing ion points in the direction of the stan- confidence in their boards. Alternatively, dards set forth by the Georgia Corporate a homeowner can attempt to argue that Nonprofit Code.35 That statute recogniz- the board’s decisions were not reasonable es that the members of an association’s under Saunders. board of directors owe, at a minimum, Interestingly, two subsequent opinions a quasi-fiduciary duty to the board itself, have referred to Bailey as recognizing the and thus to the association. It prescribes existence of a homeowner association the following standard of care owed by board of director’s fiduciary duty. In a 2013 directors to the corporation: case, Hall v. Town Creek Neighborhood As- sociation,28 the Court of Appeals of Geor- Unless a different standard is pre- gia referred to Bailey in a string citation as scribed by law, “recognizing that members of a homeown- (1) A director shall discharge his or her ers’ association’s board of directors may be duties as a director, including his or held liable for breach of fiduciary duty.”29 her duties as a member of a committee: However, the facts of Hall did not involve (A) In a manner the director believes a claim for breach of fiduciary duty. In in good faith to be in the best interests fact, in the Hall case, no board had been of the corporation; and established.30 The case was brought by the (B) With the care an ordinarily prudent association against a homeowner for alleg- person in a like position would exercise edly unpaid assessments; the homeowner under similar circumstances . . . .36 defended the suit on the grounds that the association lacked authority to levy the as- A parallel standard is set forth for offi- sessments when only the board was em- cers.37 Notably, the standard for directors facebook.com/ powered by the declaration to do so, and and officers provided by these statutes is a statebarofgeorgia the board did not exist. The court agreed lower standard than the “utmost good faith” GeorgiaYLD with the homeowner, and reversed a grant provided in the statute governing confi- of summary judgment to the association.31 dential relationships. However, by their Thus, the reference to Bailey in Hall is own terms, the statutes governing the stan-

22 GEORGIA BAR JOURNAL dard for directors and officers provide that lationship between a corporation and one injury occurs, the individual member may the standard of care may be altered as “pre- of its officers arises out of the contractual have standing to sue the corporation direct- scribed by law.” The dicta in Hall is presum- or employment relationship between the ly. This is an exceptional situation. More ably insufficient to alter the standard for two parties.39 Corporate officers and direc- frequently, an individual has standing to directors and officers such that it matches tors owe to the corporation and its stock- sue a nonprofit corporation only through a the standard for fiduciaries, and Thunder- holders a fiduciary or quasi-fiduciary duty, derivative action, described as follows: bolt Harbour was decided in part based on which requires that they act in utmost an agency relationship, which provides an good faith.40 Directors and officers, in the In a nonprofit derivative suit, a mem- independent basis for the fiduciary stan- management and use of corporate prop- ber asserts for the corporation’s ben- dard. But the reference to Bailey in the Hall erty in which they act as fiduciaries and efit rights or remedies belonging to the and Thunderbolt Harbour opinions is still sig- are trustees, are charged with serving the corporation, not to the member. The nificant in that it demonstrates the impor- interests of the corporation as well as the wrong which the action seeks to redress tance of litigants consulting the framework stockholders.41 When those duties are vio- is one which the corporation, not the found in nonprofit corporate decisions and lated, resulting in waste to the corporate individual, has sustained. The mem- framing their issues in terms of standing. assets or injury to such property, the direc- ber is a mere nominal party, having no tors and managers are liable to account.42 right, title or interest in the claim itself. With a QRQSURƛLWcorporation, it has been One of the primary underlying reasons Fiduciaries in For-Profit held the officers and directors also owe a for the derivative action—especially Corporations and Their fiduciary duty to the corporation, “unless applicable to nonprofits—is to avoid a Nonprofit Counterparts they cause individual injury to an associa- multiplicity of lawsuits.44 A for-profit corporation’s officers and tion member by the breach of their fiducia- directors occupy a fiduciary relationship ry duties.”43 Otherwise stated, the primary Further, the Georgia courts have held, with the corporation and its sharehold- duty is owed by the individual officers and ers, and are held to the standard of utmost directors to the nonprofit corporation, but [T]o have standing to sue individu- good faith and loyalty.38 The fiduciary re- if in discharging those duties, an individual ally, rather than derivatively on behalf

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2016 DECEMBER 23 of the corporation, the plaintiff must The 2014 Supreme Court of Georgia rule insulates individual officers and di- allege more than an injury resulting opinion in FDIC v. Loudermilk,49 involv- rectors from attacks on their decisions from a wrong to the corporation. [T]o ing bank officers and directors, may shed that impact the individual homeowner. set out an individual action, the plain- light on future calibrations of this rule. As to direct, individual actions by ag- tiff must allege either an injury which The Court explained that grieved homeowners against an entire is separate and distinct from that suf- board, the courts have said the duty a fered by other [members], or a wrong the business judgment rule at com- board owes to the homeowner is merely involving a contractual right of a mon law forecloses claims against to act reasonably and not arbitrarily and [member] which exists independently officers and directors that sound in capriciously. These relatively low stan- of any right of the corporation.45 ordinary negligence when the alleged dards often prove difficult for a plaintiff- negligence concerns only the wisdom homeowner to overcome. Of course, Thus, when a board of directors com- of their judgment, but it does not abso- as shown by Bailey, if a board member mits a wrong that injures the entire as- lutely foreclose such claims to the ex- fails to act reasonably, or makes deci- sociation, the individual homeowner may tent that a business decision did not in- sions that are arbitrary and capricious, bring a derivative action against the as- volve “judgment” because it was made then ipso facto, he has also failed to act in sociation, and depending on the nature in a way that did not comport with the the “utmost good faith.” But the Bailey of the facts alleged, the claim may be duty to exercise good faith and ordi- court’s holding that such conduct was properly labeled as a breach of fiduciary nary care.50 unreasonable did not create precedent duty. For example, the Court of Appeals for the legal existence of a fiduciary duty of Georgia has held that whether an as- In other words, officers and directors can- in the first place. sociation’s election procedures were con- not make decisions blindly, or fail to exer- Perhaps under some very compelling ducted in accordance with its bylaws is a cise any judgment, and later hide behind set of facts, a homeowner will be able question that concerns all the members, the business judgment rule. to convince Georgia’s appellate courts and breach of those procedures can create The Supreme Court of Georgia and that he was justified in reposing confi- a derivative claim for a breach of fiduciary Court of Appeals have yet to apply the dence in his board. Moreover, following duty.46 Likewise, a claim of misappropri- business judgment rule as set forth in Lou- Loudermilk, the business judgment rule ated association funds is properly brought dermilk to the board members or officers should not provide an automatic bar to as a derivative claim.47 of a community association. The hope for negligence claims and other claims con- homeowners should be that Loudermilk cerning a board’s judgment. Nevertheless, will result in more triable issues regarding additional precedents would be valuable The Business Judgment Rule an association’s exercise, or lack thereof, in fleshing out the distinctions between and Beyond of judgment. these standards and further clarifying the No discussion of homeowner actions circumstances under which each applies. against board members would be com- Such decisions may well raise the bar for plete without considering the business Conclusion those in whom Georgia homeowners judgment rule. In the context of negli- Under current Georgia law, a homeowner place their trust for decisions impacting gence claims against board members, the association’s board of directors does not both their property values and ongoing Court of Appeals of Georgia often recites owe the same duty of “utmost good faith” relationships with their neighbors. z as follows: “No principle of law is more to the homeowner members that the of- firmly fixed in our jurisprudence than the ficers of a for-profit corporation owe to one which declares that the courts will the shareholders. The individual home- not interfere in matters involving merely owner association board members owe Julie Liberman is an the judgment of the majority in exercising a quasi-fiduciary duty, but only to their Atlanta area sole control over corporate affairs.”48 Thus, a board. Consequently, when a homeowner practitioner. Her practice case sounding in ordinary negligence for is aggrieved by board action, he rarely will includes litigation and appeals of real estate, a director’s or officer’s malfeasance or have a valid claim for breach of fiduciary employment and business disputes, nonfeasance will likely fail if the defen- duty, as Georgia precedent supports such and she regularly handles litigation dant demonstrates in some deliberative a claim only under very limited circum- of community association matters on decision-making process in reaching the stances. The homeowner properly asserts behalf of homeowners. She can be contested decision. Because the courts such a claim in his individual capacity only reached at [email protected]. frequently look beyond the nomenclature when the board’s actions both negatively of litigants’ pleadings, actions seeking to impact the entire association and cause the challenge a board’s judgment, whether or individual some special or unique harm. Endnotes not alleged as “negligence,” may be de- As to direct negligence claims, more 1. See, e.g., Britt v. Albright, 282 Ga. App. cided under the business judgment rule. often than not, the business judgment 206, 209, 638 S.E.2d 372, 375 (2006).

24 GEORGIA BAR JOURNAL 2. See, e.g., Rice v. Lost Mountain 13. A client is justified in reposing confidence 36. O.C.G.A. § 14–3–830(1)(A) and (B) Homeowners Ass’n, 269 Ga. App. 351, in his attorney with regard to confidential (2003). 354, 604 S.E.2d 215, 220 (2004). information, so the attorney owes 37. See O.C.G.A. § 14–3–842(1) (2003 & 3. See, e.g., O.C.G.A. § 13–6–11 (2010). his client the utmost good faith and Supp. 2016). 4. O.C.G.A. § 23–2–58 (2002). loyalty with regard to the confidential 38. See, e.g., Argentum Int’l, LLC v. Woods, 5. See, e.g., Smith v. SunTrust Bank, 325 Ga. information. See, e.g., Tante v. Herring, 264 280 Ga. App. 440, 447, 634 S.E.2d App. 531, 539, 754 S.E.2d 117,124 (2014). Ga. 694, 696, 453 S.E.2d 686, 688 (1994). 195, 203 (2006) (“It is well settled that 6. See, e.g., Beller v. Tilbrook, 275 Ga. 762, 14. See Yarbrough v. Kirkland, 249 Ga. App. corporate officers and directors have a 571 S.E.2d 735 (2002). 523, 527, 548 S.E.2d 670, 673 (2001). fiduciary relationship to the corporation 7. Bryan v. Norton, 245 Ga. 347, 348, 265 15. Smith v. SunTrust Bank, 325 Ga. App. and its shareholders and must act in S.E.2d 282, 283–84 (1980) (dicta). 531, 544, 754 S.E.2d 117, 127 (2014). good faith.”) (quoting Paul v. Destito, 8. See Baxter v. Fairfield Fin. Servs., 307 16. 304 Ga. App. 484, 696 S.E.2d 462 (2010). 250 Ga. App. 631, 635, 550 S.E.2d 739, Ga. App. 286, 293, 704 S.E.2d 423, 429 17. Id. at 484, 696 S.E.2d at 464. 745 (2001)). (2010) (no confidential relationship 18. Id. at 494, 696 S.E.2d at 470. 39. See Insight Tech., Inc. v. FreightCheck, between creditor and debtor); Canales v. 19. See id. at 494, 696 S.E.2d at 470. LLC, 280 Ga. App. 19, 24, 633 S.E.2d Wilson Southland Ins. Agency, 261 Ga. 20. 265 Ga. 703, 462 S.E.2d 135 (1995). 373, 378 (2006). App. 529, 531, 583 S.E.2d 203, 204–05 21. Id. at 704, 462 S.E.2d at 137. In a similar 40. Argentum Int’l, 280 Ga. App. at 447, 634 (2003) (no confidential relationship formulation of the duties owed by an S.E.2d at 202. between insurance agent and insured association to its members, the Court 41. See Thunderbolt Harbour Phase II absent a special relationship of trust). of Appeals of Georgia in Brockway v. Condo. Ass’n v. Ryan, 326 Ga. App. 580, However, a stockbroker and his Harkleroad, 273 Ga. App. 339, 341 & 582, 757 S.E.2d 189, 191 (2014) (quoting customer have a fiduciary relationship n.1, 615 S.E.2d 182, 185 & n.1 (2005), in Enchanted Valley RV Resort v. Weese, as principal and agent. See Holmes dicta, citing the Restatement (Third) of 241 Ga. App. 415, 423, 526 S.E.2d 124, v. Grubman, 286 Ga. 636, 643, 691 “Property: Servitudes § 6.13(1), stated, 131(2000)). S.E.2d 196, 201 (2010). But see Tigner In addition to duties imposed by 42. Id. at 582, 757 S.E.2d at 191. v. Shearson-Lehman Hutton, 201 Ga. statute and the governing documents, 43. Id. at 582, 757 S.E2d at 191. But see App. 713, 715–16, 411 S.E.2d 800, 802 the association created to manage Morrell v. Wellstar Health Sys., Inc., 280 (1991) (where a disabled holder of a the property or affairs of a common- Ga. App. 1, 7–8, 633 S.E.2d 68, 74 (2006) brokerage account sued his broker for interest community must use ordinary (nonprofit hospital generally has no mismanagement of funds, the court care and prudence while engaged in fiduciary duty to a patient with respect held that a fiduciary relationship was its management duties; must treat to the price the hospital charges for created because of the account holder’s members fairly; must act reasonably in medical care). disabilities of which the broker was the exercise of discretionary powers such 44. Dunn v. Ceccarelli, 227 Ga. App. aware, rather than by analogy to as rulemaking, enforcement, and design- 505, 507, 489 S.E.2d 563, 566 (1997) principal and agent). control powers; and must give members (citations omitted). 9. See Clinton v. State Farm Mut. Auto. reasonable access to information 45. Id. at 507, 489 S.E.2d at 566 (brackets Ins. Co., 110 Ga. App. 417, 423, 138 about the common property and the and omitted punctuation in original) S.E.2d 687, 691–92 (1964) (“The fact association and its financial affairs.” (quoting Phoenix Airline Servs. v. Metro that an unlearned and uneducated 22. Bailey, 304 Ga. App. at 494, 696 S.E.2d at Airlines, 260 Ga. 584, 586, 397 S.E.2d person reposes trust and confidence in 471. 699, 702 (1990)). another does not create a confidential 23. Id. at 494, 696 S.E.2d at 471. 46. Crittenton v. Southland Owners Ass’n, relationship.”). 24. 311 Ga. App. 476, 716 S.E.2d 543 (2011). 312 Ga. App. 521, 524, 718 S.E.2d 839, 10. Kienel v. Lanier, 190 Ga. App. 201, 203, 25. Id. at 482, 716 S.E.2d at 548. 843 (2011). 378 S.E.2d 359, 361 (1989). 26. Id. at 482, 716 S.E.2d at 548. 47. Id. at 524–25, 718 S.E.2d at 843. But see 11. Id. at 203, 378 S.E.2d at 361; Lewis v. 27. Id. at 482, 716 S.E.2d at 548. Hampton Ridge Homeowners Ass’n Alderman, 117 Ga. App. 855, 855, 162 28. 320 Ga. App. 897, 740 S.E.2d 816 (2013). v. Marett Properties, 265 Ga. 655, 460 S.E.2d 440, 441 (1968). 29. Id. at 899–900, 740 S.E.2d at 818. S.E.2d 790 (1995) (association’s failure to 12. Employers exercise influence and control 30. Id. at 898, 740 S.E.2d at 818. pay property taxes on common property over their employees, but ordinarily that 31. Id. at 900, 740 S.E.2d at 818. from assessments collected was alleged does not mean an employer owes its 32. 326 Ga. App. 580, 757 S.E.2d 189 (2014). by homeowner as a direct breach of employees a fiduciary duty. See Atlanta 33. Id. at 580, 757 S.E.2d at 190. fiduciary duty claim, and failed, but not Mkt. Ctr. Mgmt. Co. v. McLane, 269 Ga. 34. Id. at 582–83, 757 S.E.2d at 191. Note that for lack of standing). 604, 607, 503 S.E.2d 278, 281–82 (1998) while Hall cites Bailey for establishing that 48. Rymer v. Polo Golf & Country Club (employee–employer relationship does individual board members may be liable Homeowners Ass’n, Inc., 335 Ga. App. 167, not imply fiduciary obligations unless for a breach of fiduciary duty, Thunderbolt 174–75, 780 S.E.2d 95, 101 (2015) (quoting facts establish obligations associated with Harbor cites Bailey as establishing that a Vernon Bowdish Builder v. Spalding Lake a principal–agent relationship). See also board, meaning the association itself, may Homeowners’ Ass’n, 196 Ga. App. 370, 371, Physician Specialists in Anesthesia, P.C. be liable. 396 S.E.2d 24, 25 (1990)). v. Wildmon, 238 Ga. App. 730, 732–33, 35. O.C.G.A. §§ 14–3–101 to –1703 (2003 & 49. 295 Ga. 579, 761 S.E.2d 332 (2014). 521 S.E.2d 358, 360 (1999) (same). Supp. 2016). 50. Id. at 585–86, 761 S.E.2d at 338.

2016 DECEMBER 25 GBJ | Feature

It was dark as I took my early morning walk with my dog, Red, while listening to "ä¨ÿª·,ÌÝĒÿ·Ʌ a TED Talk. As I entered Piedmont Park, it occurred to me how beautiful the sky Get A Good Result becomes at the moment between darkness and sunrise. Then there is a sudden in Mediation change, the beautiful pinks go away and the bright blue sky appears just as the sun 9êĈđº³óÄÆóÏêÆÏêđóèº³ÏđÏóêáÏÞºÏđɭĈɩ³»Û¤ĢėɊɪđĄĩđóđÌÏêÞ«óėđÏđ rises. The morning’s own “ah ha” moment. ĈɩĢėÛ³ºɐɪ9êóđÌºĄģóĄ³ĈɊÏđģóêɭđ«ºđÌºĈèºĈÏđÌĈ«ººê«ºÄóĄºɐ I had my own “ah ha” moment as I was watching the day begin. The speaker I BY DAVID ZACKS was listening to was Adam Grant, and he talked about some of the surprising habits of original thinkers and the concept of concept of “déjà vu” and “vuja de,” looking at things differently than it has been before. He also talked about the importance of failure. As I listened to him share his thoughts, it resonated with me how powerful his message could be in the context of two sides trying to come up with a resolution in a process we call mediation. When I serve as a mediator at Henning Mediation, I so often see lawyers ap- proaching the process as if it is déjà vu. I think a fair definition of this would be the “experience of thinking that a new situation had occurred before.” In other words, we go in putting offers and counteroffers on the table in hopes that a neutral like myself might bring the parties to consensus with questions and ideas that might disclose the strength and vulnerabilities of both positions. Often before a mediation, the parties tell me that they feel the process will be a waste of time because the other side is so unreasonable. Whenever I hear such a refrain, I PHOTO BY ISTOCK.COM/SKEGBYDAVE try to point out that this is usually the reason

26 GEORGIA BAR JOURNAL why mediation is indicated. If the two sides crazy (maybe I am). The agreement was were already close, then they would prob- they all felt the other side was filled with ably be able to settle the case on their own. SOBs. I said that if we can agree on this, It is precisely because they are so polarized it seems like we can agree on the money that they need the intervention of a media- and be done with this. It broke the ice, tor. This is all well and good, but I would they laughed. Take away point—it’s like us to consider instead of going into a much easier to reach an accommodation mediation like it’s “déjà vu,” to think about with people smiling than having a lot of it as Adam Grant suggested and make it grumpy people on both sides. Never un- “vuja de.” In other words, it won’t be the derestimate the value of humor. same as it has been before. “Vuja de” would If you embrace this concept of “vuja de” be a process in which counsel and the me- and not “déjà vu,” you have to embrace diator would be exploring how they could some failure with it. As Grant describes, make the process better and different. As “The greatest originals are the ones who fail you create this “vu jade” moment, you might the most, because they are the ones who try explore things that are not only outside the the most. You need a lot of bad ideas in or- box, but also outside your comfort zone. der to get a few good ones.” I encourage us A relevant example might be a case in to embrace failure and not run from it. We join which I had two brothers who were so an- should strive to be creative to avoid ending gry at each other they would not allow an up striking a jury and rolling the dice. opening session because they didn’t want As an example, I was representing a us to be in the same room. Not only had they plaintiff in a personal injury case, and we not spoken for 10 years, they did not allow received an outstanding verdict and award their children to speak or see one another. from the jury. While on the elevator in the We settled the financial matters but I strug- Richmond County Courthouse, I asked the gled with how we could do something to jury foreperson what was the most impor- improve the family dynamics even though tant factor in the jury’s decision. She re- it had little or nothing to do with media- plied, “. . . your partner sitting at the table tion. I got permission from both lawyers has curly hair like my son, and I just knew to take the brothers for a walk. As I stood everything you said must have been the facebook.com/ between them, the topic we discussed was truth.” Talk about rolling the dice! statebarofgeorgia GeorgiaYLD trying to find a common ground that they It was Abraham Lincoln who said, could each give a small portion of the set- “A good settlement is better than a good tlement proceeds they had agreed upon to lawsuit.” Fortunately, the vast majority of @StateBarofGA a charity that meant something to both of civil cases are settled which proves that @Georgia/YLD them. Yes, it was a beginning and I contin- his admonition has been taken to heart. ue to follow through with these brothers The widespread acceptance of mediation to make sure the beginning has a middle in my view shows that it is a highly effec- point and hopefully an end point of recon- tive form of dispute resolution. flickr.com/ statebarofgeorgia ciliation between them. Let’s embrace failure as we come up yld I recall almost reaching an impasse with an idea that can bring consensus and among a large group of medical profes- resolution. Here’s to failure until you hit sionals in which the younger members that great idea. Here’s to “vuja de” and not of the group felt the old guys were keep- just “déjà vu.” z youtube.com/ statebarofgeorgia ing far too many dollars in this successful yld practice. The old guys felt they founded the firm; it had a great reputation; and David Zacks, president, they were entitled to the majority of the Zacks Resolution, LLC, is a income. They both referred to the other full time neutral with the @statebarofga as “SOBs.” Since I was gaining no momen- Henning Mediation & Arbitration panel. Zacks is a tum, I suggested that we all get around fellow in the American College of Civil a table the following week. I opened the Trial Mediators and he has been session by congratulating them and let- recognized by “The Best Lawyers in ting them know we had reached an ac- America” consecutively since 1991. www.gabar.org cord. They looked at me as if I were BY FREEPIK.COM ILLUSTRATION

2016 DECEMBER 27 GBJ | Feature

ɩxÌăČÉ·o·ăïæɅ Recognizing the Value of Mentoring

There is no perfect equation for creating a successful mentoring ĄºáđÏóêĈÌÏĀɐóêɭđáºđèĩđÌĈɊèÏĈóêºĀđÏóêĈóĄĀĈđºĨĀºĄÏºêºĈÞººĀ ĩóėÄĄóèĄºóÆêÏįÏêÆđÌºĢáėºóÄ«ºóèÏêÆèºêđóĄɐ BY MICHELLE E. WEST

The State Bar of Georgia truly understands the importance of mentoring, so much so that it led the nation by establishing a formalized legal mentoring program. The Transition Into Law Prac- tice Program (TILPP), with its ambitious yet fitting title, has been in existence for 10 years; the same amount of time it took to launch. This year the program cel- ebrates the 10th anniversary of its inau- gural class. The State Bar blazed a trail 20 years ago when it set out to address the needs of new lawyers starting out in the legal profession. The program continues to be an integral introduction to the profession for the new lawyer, and provides an opportunity for the seasoned, more experienced attorney to give back. Over the past few years as TILPP’s director, I have come to realize that there is no perfect equation for creating a successful mentoring relationship. However, ILLUSTRATION BY ISTOCK.COM/ILYAST ILLUSTRATION there are some elements that can be great predictors for substantive connections. It

28 GEORGIA BAR JOURNAL is in these meaningful relationships where we discover the true value of mentoring. 1'/ 1RUZLWFK'RFXPHQW/DERUDWRU\ Forgeries - Handwriting - Alterations - Typewriting Dispelling Mentoring Myths Ink Exams - Medical Record Examinations - “Xerox” Forgeries and Misconceptions Most experienced lawyers I have interacted )+DUOH\1RUZLWFK*RYHUQPHQW([DPLQHU5HWLUHG with during my tenure are flattered by the Court Qualified Scientist - 35+ years. Expert testimony given in request to mentor and are eager to pay it excess of five hundred times including Federal and Offshore forward. I can recall the empathy most seasoned attorneys exhibit in their response. 1 Offices in West Palm Beach and Augusta They acknowledge that without proper ZZZ4XHVWLRQHG'RFXPHQWVFRP guidance, the new lawyer faces difficulty Telephone: (561) 333-7804 Facsimile: (561) 795-3692 acquiring the necessary professional acu- men to excel in the industry. TILPP em- braces the new lawyer’s challenge and arms its mentors with resources, benchmarks toring can be tailored so that it fits into ship. Effective communication at the ini- and best practices through the Model the specific schedules of the mentor and tial meeting can really set the stage for Mentoring Plan, Mentor Executive Sum- mentee. a productive and successful pair- mary and Mentor Orientation Continuing This requires a little planning at the ing. Planning and patience at the Legal Education (CLE) seminar. The Men- outset. As such, at your initial meeting: outset will save time and energy as the tor Executive Summary provides a synop- relationship progresses. sis of the program; the Model Mentoring z Assess the needs of your mentee, Plan highlights integral topics that should whether you are in an informal ar- Knowledge In and Of Itself Is Adequacy be addressed; and the Mentor Orientation rangement or a formalized program, The second most conveyed misconcep- CLE supplies the mentor with training and such as TILPP. Reconcile these tion as to why mentoring is not a viable updates. After a brief introduction to the needs with your calendar to deter- option for a lawyer is the belief that one program and its resources, most lawyers mine your availability. lacks sufficient knowledge to adequately welcome their role as a mentor. contribute to the development of a new However, I must admit there are some z Plan a regular time to meet whether lawyer. TILPP’s goal is to afford begin- experienced attorneys who are discour- monthly, every other month or ning lawyers with meaningful access to aged from being a mentor due to myths, quarterly. experienced lawyers equipped to teach misconceptions or past experiences. Myths the practical skills, seasoned judgment and misconceptions regarding mentoring z Determine a location and time that and sensitivity to ethical and profession- range from the perception of having in- is best for your meetings. For con- alism values necessary to practice law in a sufficient time, energy and patience; the sistency, choose a time when you are highly competent manner. Neither TIL- notion of inadequate knowledge; and a less likely to have a conflict. Discuss PP’s mission, nor any other mentoring feeling of being insufficiently established how cancellations will be handled, if program requires mentors to be a guru to undertake a mentoring relationship. the need arises. of any particular area of law. What most Given the current state of our profession, programs ask is that you be a sounding it is understandable that these notions ex- z Discuss how you would like to deal board, support system and cheerleader. ist. However, I challenge the discouraged with questions that may arise prior Additionally, in many non-formalized to recognize the myths, welcome the possi- to your next scheduled meeting. mentoring programs, peer mentoring bility and discover the value of mentoring. exists. Peer mentoring provides a forum z Determine the best mode of commu- of exchange for all. Time, Energy and Patience Is on nication, whether it’s by telephone, Observations are also powerful teach- Our Side leaving a voicemail, sending an email ing and learning tools. Experiences, such Insufficient time, low energy and little pa- or text message. Discuss the ap- as hearings, trials, client interviews, real tience tend to collectively be the primary propriate length of time that should estate transactions, mediations and oral reason why lawyers I have interacted with pass after the initial contact prior to arguments, can stimulate questions and say they are unable to mentor. As lawyers, following up. serve as a launching pad from which to all of us are busy with our personal and share knowledge. The Mandatory Advo- professional lives, but what I think we fail Simply put, what is most impor- cacy Experiences requirement in TILPP’s to realize is that we have more available tant at this juncture is to establish the Model Mentoring Plan provides the men- time than we think. In actuality, men- parameters of the mentoring relation- tor and mentee with the opportunity to

2016 DECEMBER 29 learn firsthand and discuss particular con- toring. The reality for the mentor and cepts highlighted during the observation. mentee contrast in some ways, yet are very similar in others. Upon admission, All Roots Are Fully Grounded the new lawyer must learn how to navi- in Mentoring gate the profession, in addition to start- Finally, when it comes to mentoring, ing or looking for a new job. Remember some believe that they do not possess what it was like graduating from law sufficient footing to support the needs school, taking the bar exam, becoming of the new lawyer. Somehow the belief admitted and embarking on a new ca- that a traditional setting is necessary for reer? It is this memory that can assist a a thriving practice seems to have clouded mentor with gaining the true perspec- the reality that there is a new normal. tive of the beginning lawyer. Below sets Considerations in determining a practice forth the most common perspectives ex- setting is another area where a new law- pressed by the new lawyer regarding their yer may require mentoring. Regardless of experienced counterpart. whether you practice from a home, virtual, stand-alone, part-time office share Your Presence Can Be Intimidating or in a skyscraper, you have something to Many new lawyers are intimidated by impart. There is no prerequisite of what the busy experienced attorney. As pre- your office setting must look like. The viously mentioned, as lawyers we are all mentor is simply tasked with advising busy. This includes the beginning law- the new lawyer about the profession and yer, who may feel that their growth is the goals expressed in TILPP’s mission. considered an insignificant microcosm TILPP requires that mentors be admit- in the world of the legal profession. It ted for at least five years; be active and in is up to us as seasoned lawyers to show good standing; possess malpractice insur- some empathy and kindness to their ance and have not received Bar discipline plight. Consider the following: in the previous 10 years. TILPP’s mentors complete a Mentor Volunteer Form at- z When approached to mentor, testing to their eligibility. However, legal carefully consider the call to action mentoring programs have varying eli- before immediately dismissing the gibility requirements for mentors. Each possibility. program should be reviewed individually z Think about what mental exercise by the mentor to ensure that the eligibil- the new lawyer had to endure to ity requirements are met. gather the courage to reach out to you.

Uncovering the Reality . . . . z Breathe in the request and think Bridging the Divide about how you could inspire through It is borne in the realities where we your assistance. gain clarity on the significance of men- z Put yourself in their shoes. Just think, if you were the new lawyer, what outcome would you hope for?

z After you have channeled your em- TILPP requires that mentors be admitted pathy, only then should you respond. for at least five years; be active and in z Should you choose to inspire by becoming a mentor, remember that good standing; possess malpractice you are not alone on your journey. insurance and have not received Bar TILPP provides a complimentary Mentoring Orientation CLE, as well discipline in the previous 10 years. as other resources mentioned previously that serves to support the mentor.

30 GEORGIA BAR JOURNAL We Aren’t All Looking for a Job z Share your legal experiences, both the Court for their service. TILPP is im- Some experienced lawyers feel that with good and bad. pressed by and remains grateful for the mentoring comes the responsibility of continued commitment and dedication z Let down your guard, but be reason- providing a job or assisting with job place- it receives from the lawyers who serve as able in your delivery. ment. Given the state of the recent econ- mentors. In the coming year, TILPP plans omy, many new lawyers are still without z Find commonality in interests. to celebrate the service of its mentors jobs. Mentoring allows these lawyers to through a “Mentor of the Year” award. I think many of us would agree that seek counsel on how to navigate the pro- It is our hope that other lawyers who the new lawyer is typically more tech- fession due to lack of employment. Here is have considered mentoring, but remain nologically savvy than the more ex- an opportunity where we as experienced reluctant recognize the value that is perienced lawyer. Beginning lawyers lawyers can step up and try to provide generated by a bit of empathy and kind- have introduced me to apps and pro- guidance and leads, if available. Many ness. I recently read “Your Best Destiny” grams that have assisted in my work. times the beginning lawyer simply needs by Wintley Phipps, which discussed the Additionally, they offer a perspective reassurance and a kind, yet real perspective practice of kindness. It revealed a most on generational connecting, which the on dealing with the current environment. fitting perspective on the true value of experienced lawyer could employ in Be cognizant that when a new lawyer ap- mentoring. “When we show even a little workplace supervision or caring for proaches you, most times they are seek- bit of compassion, empathy, or thought- young adults. There is much to gain by ing wisdom. Again, assess their situation fulness toward another person, it’s as if both from the mentoring relationship. and reconcile it with what you are able to we drop a pebble into a pond. The rip- Both parties simply have to be open to realistically provide. Communicate the pa- ples in the water keep going and going, the possibilities. rameters of your relationship at the outset. creating an impact far beyond what we imagine. Sometimes they even hit the We Also Have Something to Offer Recognizing Mentoring’s Value opposite shore and bounce all the way The mentoring relationship is one that is back to us.” z In Georgia, legal mentoring is not an symbiotic and that is how it should be ap- ordinary volunteer opportunity. Dating proached. Mentoring is best seen as “com- back to its beginnings in 1996, Georgia passion in action.” Both parties must ac- Michelle E. West continues to uphold its commitment to tively participate in the relationship for it the profession through TILPP. Eligible Director, Transition Into Law to be successful. Some actions that foster Practice Program mentors are nominated by TILPP at the a comfortable exchange are: State Bar of Georgia request of an employer, new lawyer or [email protected] the program itself. The Supreme Court z Get to know your mentee personally. of Georgia appoints nominated mentors Reveal that you are a person that has for a one-year term. These mentors are both challenges and victories. issued an appointment certificate from Partners in Change

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2016 DECEMBER 31 GBJ | Feature

SïªČÌïæɅ Top Georgia Criminal Defense Attorneys zĄĢºáđóz«ÏáÏĈÏ

After the Republic of Georgia recently granted criminal defendants the right to a jury trial, eight Georgia lawyers traveled to Tbilisi to educate and empower defense attorneys with trial advocacy training, one of many trips over the next two years. BY ROBERT G. BOB RUBIN, JASON B. SHEFFIELD, FRANKLIN J. HOGUE, LAURA D. HOGUE“ AND” ANGIE COGGINS

The right to a jury trial. It is a fundamental right that the accused in criminal prosecutions in America are afforded under the Sixth Amendment of the U.S. Constitution. Only recently, however, has the other Georgia—the Republic of Georgia—granted criminal defendants the right to a jury trial, and eight lawyers from the state of Georgia are making sure the new right is meaningful for Georgian citizens. The right to a jury trial had previously only applied to the most serious of crimes such as murder and treason, but by Janu- ary 2017, it will be applied to a host of other offenses. The problem for lawyers and their clients in the Republic of Geor- gia is that very few lawyers have ever handled a jury trial or even been trained in the art of trial advocacy. Since Georgia became independent after the break-up of the Soviet Union in 1991,

(Top row, left to right) Dick Rubin and Frank Hogue. (Middle row, left to right) Tako Nasaridze, state department host; Angie Coggins; Laura Hogue; Jason Sheffield; and two local interpreters. (Front row, left to right) Doug Peters and Bob Rubin. PHOTO SUPPLIED BY BOB RUBIN

32 GEORGIA BAR JOURNAL it has turned to the West, specifically the The eight-member group includes De- recently named dean of the college. Doug United States, for a model for its criminal catur attorney and current Georgia As- Peters lectures nationwide on the variety justice system. The United States has been sociation of Criminal Defense Lawyers of skills needed to try serious criminal cas- eager to help the Republic of Georgia, af- (GACDL) President Robert G. “Bob” Ru- es. “The methods that we use to teach law- fectionately referred to as our “good neigh- bin, Past GACDL President Douglas N. Pe- yers in the United States have proven to be bor in a bad neighborhood,” given that ters and GACDL Treasurer Jason B. Shef- effective for more than 30 years in giving Georgia borders Russia to the south and field. Also included in the group are Macon trial lawyers both the skills and confidence Turkey to the north. In anticipation of the attorneys Franklin J. and Laura D. Hogue, necessary to be effective advocates for their establishment of the right to a jury trial, Houston County chief assistant public de- clients,” said Bob Rubin. their American and British counterparts fender and GACDL President-Elect An- The man responsible for putting the trained Georgian law enforcement officers, gie Coggins, Federal Defender Natasha group together is former Henry County investigators and forensic chemists. Like- Silas and Idaho Federal Defender Richard Chief of Police Michael Turner who is wise, prosecutors have received extensive “Dick” Rubin. This group of prominent now the director of the INL in the Re- trial advocacy training, courtesy of the U.S. criminal defense attorneys has tried more public of Georgia. As a former law en- Department of Justice. As a result, Geor- than 300 jury trials and has extensive expe- forcement officer, Turner understands gian prosecutors have out-lawyered Geor- rience teaching trial advocacy skills in the the benefits of a strong defense bar, and gian defense attorneys rendering defense state of Georgia and across the country. was dismayed at what he was seeing in lawyers as valuable as “flowers on a dead Bob Rubin, Jason Sheffield and Dick Ru- Georgian courtrooms. “It’s time to level man,” according to one Georgian pros- bin have taught trial skills to law students the playing field,” Turner said. “The gov- ecutor. Recognizing the disparity, the U.S. at Emory University for the past 30 years. ernment has the ultimate burden of proof Bureau of International Narcotics and Law Laura Hogue, Frank Hogue, Natasha Silas and the resources to accomplish their Enforcement Affairs (INL) has recruited a and Angie Coggins are faculty members at goals. Defense lawyers and their clients group of criminal defense attorneys from GACDL’s Bill Daniel Trial Advocacy Pro- must have the same opportunities.” the state of Georgia to provide trial advoca- gram and the National Criminal Defense The group, who will make multiple cy training to Georgian defense attorneys. College in Macon where Laura Hogue was trips to the Republic of Georgia over the PHOTO SUPPLIED BY BOB RUBIN The house of the president of the Republic of Georgia, Giorgi Margvelashvili. 2016 DECEMBER 33 (Left to right) Dick Rubin, Jason Sheffield, Doug Peters, Bob Rubin, Laura Hogue, Frank Hogue and Angie Coggins. PHOTO SUPPLIED BY BOB RUBIN

next two years, recently returned from “We recognize that our program will team of trial attorneys is eager to em- their first trip to Tbilisi. They spent need to be adapted to fit within the Geor- brace. “The opportunity for us to assist one week learning about the country’s gian culture and will evolve as we contin- Georgian defense lawyers in crafting the criminal justice system from Georgian ue to understand the needs of the lawyers arguments that will ultimately shape the law professors, prosecutors, judges, the and students,” Peters said. The group also future of their criminal justice system is Georgian Bar Association, the Georgian plans to expose the students to other skills quite thrilling,” said Sheffield, who add- Young Lawyers Association and the di- such as client interviewing, strengthening ed, “We potentially get to play a part in rector of Georgia’s Legal Aid Service. “It the attorney-client relationship with ef- creating their Miranda v. Arizona (right was clear to us that the prosecutors have fective communication, handling exhibits to remain silent and the right to counsel an enormous advantage over the criminal and media relations. when being interrogated by police) or defense bar in their trial advocacy train- Crawford vs. Washington (right to con- ing,” said Frank Hogue after meeting with front witnesses), and even their Brady all stakeholders in the Georgian criminal Under the Current System vs. Maryland (holding the government justice system. While prosecutors in the Helping to train defense attorneys is not responsible for turning over exculpatory region are receiving a great deal of train- the group’s only objective. While Ameri- evidence to the defense).” ing, defense attorneys are receiving prac- can lawyers enjoy decades of state appel- Under the current system in Georgia, tically none. Defense lawyers in Georgia late court and U.S. Supreme Court case 97 percent of cases result in a stipulation are in need of basic trial skills that many precedent and judicial interpretation of of all evidence prior to any investigation American law students begin to develop statutes, Georgian lawyers and the judg- by the defense or full pretrial disclosures in law school: public speaking, building es who rule on pretrial and trial matters by the government. Thirty-six percent of a theory of defense, developing voir dire have very little to guide them. The crimi- defendants attend pretrial hearings with- techniques, structuring opening state- nal code is not clear on the elements of out counsel, so the stipulations are often ments and closing arguments, conduct- each offense or on courtroom procedure. made without any advice or assistance of ing direct and cross examination, and There are no codified rules of evidence counsel. If the defense learns of evidence presenting evidence. The trial advocacy or pattern jury instructions. The oppor- that may be helpful to their defense, they program developed by the group will en- tunity to shape the future jurisprudence must ask the prosecutors to go and obtain compass all of those needed skills. of the country is part of the teaching the the evidence for them in lieu of conduct-

34 GEORGIA BAR JOURNAL ing their own investigation. This has built less value to the legal system than their in systemic animosity. civil or prosecutorial counterparts. A special thanks to Kendra Livingston, a 3L “What jumped out at us from the start This stigma, no doubt, results from the at Atlanta’s John Marshall Law School, for her was that neither side trusted the other on prosecutors having received far more assistance with this article. any matter,” said Coggins, one of the three training, resources and hands-on skills public defenders in the group. “And it was than public and private defense law- Robert G. “Bob” Rubin has no surprise why, once we learned the types yers. “Helping the Georgians see, feel been a criminal defense of rules that existed and the country’s his- and embrace the pride associated with lawyer for 30 years. He is the tory of systemic corruption.” Coggins add- standing alongside the accused, fighting current president of the Georgia Association of ed, “If justice is truly going to reign in the for their justice system to apply fairly Criminal Defense Lawyers (GACDL) and Republic of Georgia, defense lawyers must and vigorously to all, underpins all that a fellow in the American College of have access to their own investigators and we are doing in this beautiful country,” Trial Lawyers. Rubin can be reached at their own experts and not be relegated to says Laura Hogue. “It was disheartening [email protected]. asking for assistance from the very people to hear that 70 percent of defense law- who are trying to imprison their client.” yers choose that path because they can’t Jason B. Sheffield is a become prosecutors or civil lawyers. We criminal trial and appellate intend to change that perception.” attorney with Peter, Rubin & Change Won’t Come Easy Sheffield, P.A. He is a graduate of Georgia State Transitioning from a criminal justice sys- University College of Law and tem in which the fate of the accused was Moving Forward the National Criminal Defense College decided by a judge alone to the implemen- As Georgia expands the list of crimes for and has served as the treasurer of tation of jury trials not only requires the which a defendant has the right to be GACDL for the last three years. training of prosecutors and defense at- tried by a jury, the country must provide Sheffield can be reached at torneys and the revamping of the coun- the infrastructure to effectively accom- [email protected]. try’s criminal procedure code, but also a modate this change. There are only two change in the mindset of the stakeholders courtrooms in the whole country with a Franklin J. Hogue is a and the public. At present, most of the jury box. The country will hold jury tri- criminal defense attorney jury trials that have taken place began als in eight regions in the country, and and has been in private with a jury selection process that took they are building courtrooms with the practice since 1991. He is a 1991 graduate of Mercer months to complete, keeping jurors away necessary accommodations. University’s Walter F. George School from their families and jobs by having to In February 2017, the eight-member of Law and a past president of GACDL. come back to court time and time again group of experienced criminal defense Hogue can be reached at frank@ until the process resolved. It is no wonder lawyers from the state of Georgia will re- hogueandhogue.com. citizens have grave concerns about par- turn to the Republic of Georgia. Through ticipating in the system itself. lectures on all aspects of a jury trial, fol- Laura D. Hogue graduated Many in Georgia who grew up in the lowed by small group exercises in which from the Walter F. George Soviet era believe that the legal profes- the attorneys work on those skills while School of Law at Mercer sion is ethically and financially corrupted. receiving critiques from the faculty, and University in 1991. A board “A major obstacle is the Soviet mental- culminating in demonstrations of those member of GACDL and an ity that the prosecutor runs everything skills, the Georgian attorneys will be work- active member of the National and the judge is an extension of the pros- ing toward their goal of effective represen- Association of Criminal Defense ecutor,” said Dick Rubin. The American tation for the accused. It is expected that as Lawyers, Hogue is now the dean of the lawyers will work with their Georgian the Georgian defense lawyers master these National Criminal Defense College. Hogue can be reached at laura@ counterparts to understand the Geor- skills, they will begin to join the faculty in hogueandhogue.com. gian juror’s mentality about the system, training their colleagues and, eventually, and the Georgian lawyers’ role in educat- take over the training program themselves. Angie Coggins is a 1989 ing the populace. “Furthermore,” Rubin Given the friendships that will continue graduate of Mercer noted, “we have in place some of the fin- to develop over the coming months and University’s Walter F. est techniques around that will absolute- years, their U.S. counterparts will never be Georgia School of Law. She’s ly ensure that any person charged with more than an email away. The experience been with the Houston a criminal offense will have a fighting of working together will have enriched County Public Defender’s Office for 27 chance at trial.” both sets of lawyers and, without a doubt, years. Coggins is the president-elect And, most critically, within the will enhance the criminal justice systems in of GACDL and can be reached at Georgian culture exists the negative both the state of Georgia and the Republic [email protected]. connotation that defense lawyers are of of Georgia. z

2016 DECEMBER 35 GBJ | Feature

The start of a new year means the start ing on Sept. 29 to begin the process of de- 2017 of another regular session of the Georgia veloping the State Bar’s legislative agenda. General Assembly. It has been such a The committee approved four legislative pleasure getting to know so many fellow proposals and a request for funding sup- I·ÃÌăÝČÌĞ· attorneys around Georgia since I started port. At the Fall Meeting at Callaway as the new director of governmental af- Gardens on Oct. 21, the Board of Gov- gÿ·ĞÌ·ğ fairs on July 1. I am eager to represent the ernors unanimously approved these pro- State Bar as the General Assembly gears posals. These items include: This coming year will be another up on Jan. 9, 2017. ÏèĀóĄđêđáºÆÏĈáđÏĢºĈºĈĈÏóêÄóĄ With the 2016 general election behind z A proposal from the Nonprofit Law the State Bar’s sections and other us, we move forward into a new two-year Section that provides a means for for- areas of interest to Bar members. term. Legislation that did not pass during eign nonprofit corporations to change the 2016 session will need to begin the its state of organization to Georgia. BY CHRISTINE BUTCHER process all over again. Currently under Georgia law, a for- The State Bar’s Advisory Committee eign nonprofit corporation that wants on Legislation (ACL) held its first meet- to become a Georgia nonprofit can

PHOTO BY ISTOCK.COM/SEANPAVONEPHOTO

36 GEORGIA BAR JOURNAL only do so through a merger, and the same is true for a Georgia nonprofit corporation that seeks to incorporate outside of Georgia. z A proposal from the Child Protec- tion and Advocacy Section that amends the current law so that upon an appeal of an order terminating parental rights, an adoption proceeding related to that child is stayed until the conclusion of the appeal. This proposal also adds language to clarify that a party, other than a child, to a juvenile proceeding can waive his or her right to counsel, provided that the waiver is knowing, voluntary and on the record. z A proposal from the Fiduciary Law Section that would provide for a 360-year permissible vesting period for a nonvested property interest, like a trust, created after June 30, 2017. Georgia currently has a 90-year permissible vesting period, but many states have expanded this to 360 years to allow property interest to be held in trust for substantially longer periods of time. This proposal would

also amend the code to expressly PHOTO BY ISTOCK.COM/KLAUSBALZANO provide five methods for modifying an irrevocable trust. z A second proposal from the Fidu- Qualifications Commission (JQC). We Gold Dome. The Legislative and Grass- ciary Law Section provides to enact anticipate new legislation that addresses roots Program not only advocates and de- a Georgia version of the Revised due process and transparency concerns fends changes that affect the practice of Uniform Fiduciary Access to Digital that were vocalized during the House JQC law, but also issues affecting the judiciary, Assets Act. This gives a trustor the Study Committee this fall. pubic safety, youth and a host of other power to plan for the management As the number of lawyer-legislators areas that attorneys regularly encounter. and disposition of digital assets in a in the General Assembly continues to We are grateful to those who donate to similar way that he or she can make dwindle, your engagement in the legisla- the Legislative and Grassroots Program, plans for tangible property. This in- tive process is more important than ever. which is funded entirely through volun- cludes virtual currency accounts like You can sign up for the State Bar Action tary contributions upon renewal of your bitcoin, valuable web domains, and Network, an online portal that provides Bar dues. We appreciate your continued digital photography and art, among real-time monitoring of State Bar agenda support as we continue to ensure a strong other things. items and facilitates easy communication and unified voice for the profession under with your elected officials (www.gabar. the Gold Dome. z The second ACL meeting took place org). We also encourage you to join us, Nov. 29. A handful of additional propos- either with your local bar associations als were considered, with final approval or individually, for a “Lobby Day” at the Christine Butcher set for the Board of Governors meeting Capitol. Lawyers are important and pro- Director, Governmental Affairs in Atlanta on Jan. 7, 2017. ductive members of our communities and State Bar of Georgia

In this upcoming session, Rusty Sewell legislators find it meaningful to hear from [email protected] and I also expect revisions to HB 808, the their engaged, concerned constituents. 2016 legislation that amended the struc- This coming year will be another im- ture and procedure of Georgia’s Judicial portant one for the State Bar under the

2016 DECEMBER 37 GBJ | Feature

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ïĒÿČÉïĒă·ČIĒäûÚÌæ In 1895, when Atlanta architect Andrew Bryan drew the plans for the Stewart County Courthouse at Lumpkin, few The Grand Old in Georgia understood the far-reaching implications of his design. Here was the Courthouses of Georgia first court building in the state to express the “new Classicism” which was to sweep BY WILBER W. CALDWELL the nation into the new century. Two years before, the flamboyant arcades of Chicago’s 1893 Columbian Exposition had awed visitors with its “Florentine” finery and begun the so-called Ameri- can Renaissance. Ironically, this gushing display of classical ornament had been strongly opposed by Lumpkin’s native son, the prominent Chicago architect, John Wellborn Root. As one of Ameri- ca’s leading architects and the consulting architect for the design of the buildings at the Chicago fair, Root had sought to embellish the great exposition with elab- orately Picturesque buildings of “variety and color.” But in 1890, while the fair was in its planning stages, Root died an untimely death. His Romantic ideas for the architecture at the grand exposition, along with those of Louis Sullivan, were quickly swept aside by the proponents of the new Classicism led by Eastern architects like Charles McKim and Richard Morris Hunt. As the Chicago Fair opened, great spasms of Beaux-Arts Classicism spewed forth in an orgy of Baroque excess, and the Picturesque in America was quickly engulfed. John Wellborn Root had traveled a long way from the rural Stewart County of his youth. Likewise, in 1893, the ar- PHOTO BY WILBER W. CALDWELL The Stewart County Courthouse at Lumpkin, built in 1895, Andrew J. Bryant, architect, chitecture of the proposed “White City” burned 1922, rebuilt 1923, T. F. Lockwood, rebuilding architect. at Chicago was a great distance from the

38 GEORGIA BAR JOURNAL simple country courthouse at Lumpkin, 1831 and was replaced by a sturdy frame gauge and the rails stretched all the way Ga. Despite her ancient ties to classical court building in 1837. In that same year, from Montgomery, Ala., to Lyons, Ga., forms, the American South would be Adiel Sherwood described the town as where its trains ran into Savannah on the slow to embrace the new styles unveiled having 36 dwellings. As the lure of its newly completed rails of The Savannah at Chicago. Chief architect Bradford Gil- new cotton growing lands filled Stewart and Western. The effect in Lumpkin was bert’s buildings at the 1895 Cotton States County with eager farmers, Lumpkin electric. Brick buildings began to material- Exposition in Atlanta confirm the region’s continued to grow. In his 1849 “Statistics ize, and the Bank of Sumter County rose intransigence. Although the buildings in of the State of Georgia,” George White in 1891. By 1893, two grand juries had Atlanta’s Piedmont Park manifested a re- catalogued Lumpkin’s successes, listing recommended a new courthouse, and by turn to symmetry, their thrust was still three hotels, 12 stores, 10 lawyers and a the first of June, courthouse designs had decidedly Picturesque. With their Ro- population numbering between 800 and been submitted by “half a dozen” architects, mantic gray and green color scheme and 1,000. White adds, “considerable business and a plan by Atlanta’s Andrew Bryan had their rustic shingle and stone textures, is done in this place.” been selected. Gilbert’s highly influential designs at At- But Lumpkin’s early growth was not Ironically, the very expansion that so lift- lanta would further retard the progress of to continue. A long period of stagnancy ed spirits in Lumpkin proved fatal for The the new Classicism in the region. followed the end of the war. The simple Savannah, Americus and Montgomery. Ex- Nonetheless, Classical seeds were on the wooden courthouse and the flimsy wood- tending the road westward to Montgomery wind, and men like Andrew Bryan under- en buildings that had ringed the square had proved far more expensive than Samuel stood how seductive these classical images before the Civil War would stand well Hawkins and his engineers had originally would be for the American South. He also into the 1890s. In 1885, Stewart County calculated. The national depression of the knew that such a seduction could never be produced only 15,000 bales of cotton, a early nineties coupled with the failure of accomplished by flashy displays of Beaux- figure that barely surpassed her antebel- The Central and The Savannah and West- Arts ornament alone. Like James Golucke lum output. Sholes’ Gazetteer of Georgia ern’s sudden refusal to allow The SAM use and Frank Milburn after him, Bryan be- for 1879, 1886 and 1896 all list Lumpkin’s of its tracks into Savannah, put an abrupt gan the process of Neoclassical Revival population at about 1,000. However, the end to Col. Hawkins’s dreams. in Georgia with a bit of an “end run.” He mood was expectant as the first train on In 1922, Andrew Bryan’s 1895 Stewart eschewed fashionable Parisian forms and Samuel Hawkins’s Americus, Preston and County Courthouse at Lumpkin burned, returned to the vocabulary of Georgian Lumpkin Railroad steamed into Lumpkin and the once tiny village of Richland in England so familiar to the South. His 1895 in February of 1886. Amid a rush of high eastern Stewart County at the junction of Stewart County Courthouse at Lumpkin expectations and billowing steam every- two railroads made a futile bid to wrestle paved the way for the Classical Revival in one assumed that Lumpkin was about the county seat away from hapless Lump- Georgia. Although the first properly neo- to “speedily grow to the magnitude of a kin. It was to be the one prize that the classical court building in the state rose in commercial city.” bold upstart would not garner. Lump- Columbus in 1896, it would be almost a Sadly, the initial effect of The Ameri- kin retained the county seat and a sadly decade before classical forms were firmly cus, Preston and Lumpkin Railroad on inferior reconstruction of Bryan’s 1895 entrenched in Georgia. By then, the South Lumpkin’s struggling economy bore Stewart County Courthouse, designed would have manipulated the symbols at- little resemblance to her visions of New by Columbus architect T. F. Lockwood, tached to the new style to suit her own South wealth. The road’s first depot rose in 1923. z peculiar needs. Meanwhile, here in Lump- was an old fertilizer warehouse, and the kin, the Federal Style details of Andrew shabby wooden buildings that still ringed J. Bryan’s Stewart County Courthouse, the 1837 frame Stewart County Court- which was originally crowned with a stun- house looked nothing like the grand Excerpted by Wilber W. Caldwell, author of “The Courthouse and the ning Neocolonial lantern, appeared to be New South monuments of brick that Depot, The Architecture of Hope in an more a voice from the past than from the everyone thought would rise. Expecta- Age of Despair, A Narrative Guide to future. Perhaps nothing could have been tions were quickly tempered by reality, Railroad Expansion and its Impact more appropriate. and throughout the late 1880s, successive on Public Architecture in Georgia, Originally the county seat of Randolph grand juries found the old wooden court- 1833-1910,” (Macon: Mercer University County, Lumpkin had been laid out in house totally acceptable. Press, 2001). Hardback, 624 pages, February of 1830 as the partition of the But Samuel Hawkins was far from 300 photos, 33 maps, 3 appendices, enormous Lee County began. The town finished. By the end of the decade, The complete index. This book is available had become the Stewart County seat Americus, Preston and Lumpkin had be- for $50 from book sellers and Mercer University Press at www.mupress.org when that county was created from Ran- come the nucleus of the mighty Savannah, or call the Mercer Press at 800-342- dolph in December of the same year. The Americus and Montgomery Railroad, af- 0841 inside Georgia or 800-637-2378 town’s early progress was exceptional. A fectionately known as The SAM. By 1891 outside Georgia. log courthouse was erected at Lumpkin in the entire line was converted to standard

2016 DECEMBER 39 GBJ | Georgia Lawyer Spotlight

lion, surpassing my goal of reaching that point before January of 2019. Our unem- ployment rate is lower than it was before the Great Recession. Last session, we also unveiled our 10- year, $10 billion dollar transportation plan, which was only possible because of the General Assembly’s bold action the year before on HB 170. This investment in our infrastructure is vital to our continued economic growth and long-term viability. For some time, we’ve heard discus- sions regarding changes to Georgia’s existing Medicaid plan. I’m looking forward to working with the General Assembly to fix issues with Medicaid services provided to foster children, mental health patients in state care and other individuals being treated by the Department of Behavioral Health and Developmental Disabilities. PHOTO COURTESY OF THE GOVERNOR’S OFFICE. OF THE GOVERNOR’S PHOTO COURTESY I’m also working to include mental health services for children age 5 and under. In September, I unveiled the law en- ïæĞ·ÿăČÌïæğÌČÉ forcement reform proposal that includes both an across-the-board, 20 percent pay .ïĞɌSČÉæ·Ý raise for state-level officers and a multi- phase training overhaul. BY JACOB E. DALY As a former lawyer-legislator, what do you This installment of the Georgia Law- ture so that the state can continue to pro- think about the declining number of lawyers yer Spotlight features Gov. Nathan Deal. vide a foundation for job creators. who serve in the General Assembly? Why is Among the issues discussed are his priori- Last year, the General Assembly ap- it important to have more lawyer-legislators ties for the upcoming legislative session, proved the FY 2017 budget which in- in the General Assembly? thoughts on the declining number of law- cluded $23.7 billion in total state appro- Gov. Deal: Good lawyers are important to yer-legislators, the importance of criminal priations for education, public safety and the legislative process because they bring a justice reform and the qualities he looks economic development. The budget in- special perspective and insight as to how a for when making judicial appointments. cludes $8.9 million for the continuation proposed law may work in practice. Real- of criminal justice reforms, $300 million world legal insight, as well as careful atten- What are your priorities for the upcoming in additional funds intended for teacher tion to detail in the early stages of legisla- legislative session? salary increases and $26.2 million for Pre-K tion, is particularly important in protecting Gov. Deal: For the fourth consecutive teacher pay raises. the interests of all Georgians. year, Georgia has been named the No. 1 Once again, Georgia has earned an We are fortunate to have good legal state in which to do business. As we move AAA bond rating from each of the three counsels who draft legislation, but law- forward, it is important that we prioritize main credit-rating agencies, one of only yers in the legislative bodies have the maintaining low tax burdens, investing in 11 states to meet this standard. Our Rainy experience to anticipate the unintended education and improving our infrastruc- Day Fund now stands at more than $2 bil- consequences which may not be appar-

40 GEORGIA BAR JOURNAL ent in the language of legislation. A good tions or children have seen family mem- lawyer-legislator knows how to ask the bers going in and out of prison. In such right questions. cases, children start to accept this pattern as a normal way of life, but if we With reference to the legal profession, what break the cycle of generational crime, do you consider to be your most significant then we not only save money and lives accomplishment as governor so far? in the short term, but we are making Gov. Deal: As a former lawyer and judge, changes that will last for generations. Georgia’s justice systems have received As recently as 2013, Georgia was spend- special attention from me, and we have ing $91,000 on each incarcerated ju- made great strides in this area. We have venile per year and still seeing a 65 found ways to improve our justice sys- percent recidivism rate. These unique tems, and we are taking the necessary challenges led to reforms including as- steps to do so. Criminal justice reform has sessment tools designed to help judges been particularly successful, especially the determine the risk levels of juvenile of- implementation of accountability courts, fenders; providing judges with greater reforms to the juvenile justice system and discretion in sentencing juveniles; and re-entry initiatives. expanding community-based options Georgia’s criminal justice reforms have across the state, an objective pursued in saved hundreds of millions of taxpayer part through the creation of an incen- dollars, while preserving families, and tive grant program. Since these changes providing ways for offenders to become have been put in place, the state has productive members of society. made significant progress, particularly with its incentive grant program. For ex- Why has criminal justice reform been so ample, participating counties have seen important to you? felony commitments and placements in Gov. Deal: In Georgia, we have taken short-term programs drop more than 62 monumental steps in recent years to give percent in the first nine-month period. new beginnings to non-violent offenders This has resulted in the closure of two whose underlying issues are addictions detention centers. or mental illnesses. Instead of saddling Re-entry is the critical intersection taxpayers with the cost of a prison sen- between an offender’s incarceration and tence or branding offenders with the return to life in the free world. By remov- stigma of incarceration, these individu- ing barriers to employment, housing and als are getting the treatment they need, keeping their jobs and keeping their families together. Beyond fiscal considerations, crimi- Good lawyers are important to the nal justice reform is essential to providing successful rehabilitation to pre- legislative process because they vent former offenders from becoming bring a special perspective and repeat offenders. These reforms have the long-term potential to positively insight as to how a proposed law change the dynamics of families, as crime is often generational. In far too may work in practice. many homes, children have grown up with parents who have serious addic- —Gov. Nathan Deal

2016 DECEMBER 41 education for rehabilitated offenders, a You’ve been a real friend of the judiciary What do you say to those who complain larger number of returning citizens are since taking office. You’ve substantial- that your appointments have not been able to rejoin the workforce and support ly increased the courts’ budgets, added diverse enough? their families. judgeships and pushed for the construc- Gov. Deal: When making a judicial ap- tion of a new building for the state’s appointment, it’s important to consider the What role do accountability courts play in pellate courts. What do you want people most qualified applicants who will each your vision of criminal justice? years from now to look back and say about bring a unique perspective. Educational Gov. Deal: Before reform initiatives had your impact on Georgia’s judiciary? accomplishments are important, as well been enacted, Georgia’s inmate popula- Gov. Deal: For many, judges are the first, as career experiences and experience in tion was projected to grow by 8 percent and hopefully last, stop in receiving jus- the legal profession. in the ensuing five years, presenting tax- tice through our legal system, so we sure- Those nominated are considered as in- payers with an additional $264 million ly want the best possible judges around dividuals, with one’s judicial philosophy price tag for the construction of two new and a legal system that works. and abilities in interpreting the law as the prisons. Those new prisons and the costs Georgia’s population has grown rap- driving factors. Overall, I’m looking to to taxpayers associated with them are no idly over the past several years, from the appoint judges who are deliberative and longer necessary. 10th to the 8th most populous state. This respect the divisions of power that exist Georgia’s 105 accountability courts year’s estimated population is 10,379,084 in state government. provide sentencing alternatives that give for a total of 691,431 new Georgia resi- My appointments have been very diverse non-violent offenders a second chance, dents since 2010. In order to be prepared as to gender and race. Some of the groups and often, an opportunity to address un- for the future, Georgia’s court system who complain about my appointments have derlying addiction and mental health is- needed to keep up and a well-prepared failed to nominate attorneys for the Judicial sues outside of a prison cell. judiciary is an essential step. Nominating Committee to consider. The cost to incarcerate one adult of- It has been my honor to appoint a re- fender is about $18,000 per year, which cord number of new judges. I want these Are there any further changes to Georgia’s is far more expensive than an addiction judges and those who have served the court system that you would like to see? rehabilitation program or mental health cause of justice for many years to be ap- Gov. Deal: I would like to see a further counseling—so it makes fiscal sense to propriately compensated and housed in expansion of Georgia’s Accountability seek alternatives to prison for non-vio- offices that allow them to work efficiently. Courts to provide new beginnings for lent offenders whenever feasible. non-violent offenders. What qualities do you look for when mak- I will continue to work with the courts What do you hope to accomplish during the ing judicial appointments? and the Clerk of Courts Association to remainder of your second term? Gov. Deal: I consider intellect, experi- expand e-filing to make court cases and Gov. Deal: Since January of 2011, we’ve ence, temperament, compassion and an documents more accessible from any created more than 575,000 new private appreciation of the proper role of the ju- number of Georgia courts anytime and sector jobs in Georgia and I want to see dicial branch of government. from anywhere. that trend continue. We must continue implementing the measures we know to Is there anything different you look for in Why did you support the bill to remake the work so that Georgia may continue to trial judges compared to appellate judges? Judicial Qualifications Commission? help small businesses grow and attract top Gov. Deal: Yes. I prefer for trial judges Gov. Deal: As governor, I have no role companies from around the world. to be lawyers with practical experi- in approving or signing Constitutional It is imperative that we continue ence in the types of cases they will be amendments into law. I support the Leg- working to break the “school to prison” called upon to preside over. Appellate islature’s desire to place this decision in pipeline in favor of improving our educa- judges should have the ability to enter the hands of voters. z tion system to strengthen the workforce well-written, understandable opinions pipeline that runs from the classroom to that address the issues of the case be- the job market. Approximately 70 percent fore them, but must also understand the Jacob E. Daly is of counsel of Georgia’s inmates do not have a high impact of their decisions on the judg- with Freeman Mathis & Gary, school diploma or equivalent. In order to ment calls trial judges must make in LLP, in Atlanta and a member see that all Georgia students have an op- future cases. of the Georgia Bar Journal portunity, we must continue to improve They should also give appropriate Editorial Board. He represents our education system. consideration to the actions of legislative private companies, government entities I hope to continue to grow the bodies, when interpreting the meaning of and their employees in personal injury REACH Scholarship, a public-private statutes on judging those statutes against litigation with a focus on defending partnership that provides scholarships to the dictates of the state or federal consti- property owners, management promising middle school students from tutions. Most of all, their opinions should companies and security companies in low-income families. be void of partisan biases. premises liability lawsuits.

42 GEORGIA BAR JOURNAL VISIT GABAR.ORG For up-to-date information on committees, members, courts and rules. TO PLACE AN ANNOUNCEMENT Bench Contact Stephanie Wilson | [email protected] | 404-527-8792 &Bar

Kudos BakerHostetler partner Charlene McGinty was tries—and 90 state, provincial and local affiliate organizations named president of the American Health Law- totaling up to 40,000 attorneys—include private criminal defense yers Association (AHLA). McGinty has been ac- lawyers, public defenders, military defense counsel, law profes- tive in AHLA for more than 17 years where she sors and judges committed to preserving fairness and promoting first served as vice chair of the Physician Organi- a rational and humane criminal justice system. zations Practice group in 1999. The AHLA Board of Directors oversees the day to day operations and implemen- Hunton & Williams LLP recog- tation of the strategic plans of the organization. nized six Atlanta-based attorneys at its E. Randolph Williams award David J. Burge, a partner in the Real Estate Practice reception: Lawrence J. Bracken II, at Smith, Gambrell & Russell, LLP, and section partner; Greta T. Griffith, partner; head of the firm’s real estate practice in Atlanta, BRACKEN GRIFFITH Peter F. Busscher, senior attorney; was a recipient of the 2016 Whitney M. Young, Jr. Dan B. Millman, associate; Laura Service Award given by the Atlanta Area Council Thayer Wagner, associate; and of the Boy Scouts of America. The award is de- Farley Ezekiel, pro bono fellow. signed to recognize those individuals and corporations who have Recipients of the annual award, been instrumental in the development of scouting for rural, ur- named after one of the firm’s ban and suburban youth who often face challenging barriers. founders, each contributed more BUSSCHER MILLMAN than 100 hours of pro bono legal Atlanta Municipal Court Deputy Chief Judge services to indigent clients and Gary E. Jackson was elected president of the nonprofit organizations during the Council of Municipal Court Judges of Georgia. firm’s fiscal year ending March 31. Jackson was appointed as a judge in the Munici- This year marks the firm’s eighth pal Court of Atlanta by Mayor Shirley Franklin consecutive year of 100 percent pro on June 30, 2005. Jackson is also a member of the WAGNER EZEKIEL bono participation. Judicial Council of Georgia which is the policy-making body for Georgia’s judiciary, chaired by the chief justice of the Su- Kilpatrick Townsend & Stockton LLP announced preme Court of Georgia. that associate Rho Thomas was named to the Board of Trustees of Literacy Action. Founded in U.S. Bankruptcy Judge Lamar W. Davis Jr. re- a church basement, Literacy Action is now the tired in June after a 30-year judicial career, the oldest, largest and leading adult basic education last four on “recall status.” Davis went on the fed- nonprofit in the Southeastern United States. Lit- eral bench in May 1986. During his time on the eracy Action works to set the standard of excellence in the field bench, the court has grown to three full-time of adult basic education and to ultimately eradicate low literacy, judges, and Davis has twice been chief or admin- a root cause of poverty in the Atlanta area. Literacy Action istrative judge. When he took “recall status” in July 2012, Davis helps build better futures for undereducated adults by teaching said he wanted to continue to work, but that the court for the literacy, life and work skills that empower them to reach their 43-county Southern District of Georgia needed a fourth judge highest potential. because of growing caseload. The recall status, which is similar to a district judge taking senior status, allowed Davis to work FordHarrison LLP, one of the country’s largest management- but on a three-year term rather than the normal 14-year term. side labor and employment law firms, announced that the firm’s employees raised $10,000 in support of St. Jude Chil- Christopher Adams of The Law Office of Christo- dren’s Research Hospital. St. Jude was selected as the firm’s pher W. Adams, P.C., in Charleston, S.C., was spring/summer 2016 firm-wide charity. The firm set an initial sworn in as secretary of the National Association goal of raising $7,000 for the organization, but with the over- of Criminal Defense Lawyers (NACDL). A profes- whelming amount of participation from both attorneys and sional bar association founded in 1958, NACDL’s staff, the firm was able to exceed its goal. approximately 9,000 direct members in 28 coun-

44 GEORGIA BAR JOURNAL Debby Stone of Novateur Partners, LLC, published her first book, “The Art of Self-Promotion: Tell Your Story, Transform Your Career.” The book teaches readers how to effectively tell their 9æČÉ· stories to reach their career goals, develop new clients and build their practices. It features prac- Community tical tools for mastering the art of self-promotion with authen- ticity, grace and confidence.

Richard C. Litwin, an Atlanta attorney who spe- cializes in state and local tax planning and tax disputes at The Litwin Law Firm, P.C., was appointed to the University of South Carolina Board of Visitors for a three-year term. As part of his role, he will assist the university’s Board of Trustees and the president in the advancement of the university, and where appropriate, the University of South Carolina System.

Jeffrey K. “Jeff” Haidet, U.S. co-CEO of Dentons, was appointed chair of the Board of Directors of The Catholic Foundation of North Georgia. Haidet has served on the board for nearly eight years and previously served the foundation as chair for the Governance and Nominating Com- mittee and vice chair of the board. The foundation’s mission is to help Catholics make a lasting difference in the community. The Catholic Foundation attracts, professionally manages and invests gifts to support the current and long-term financial BY MICHAEL JOHNSON PHOTO PROVIDED needs of parishes, schools, charities and other ministries. On Nov. 6, members of the State Bar participated in the Out of the Darkness Walk and raised almost $1,000 to help fund suicide awarenss and prevention programs. Many thanks to all who participated by walking or donating! Pictured left to right: Court of Appeals of Georgia Judge Lisa Branch, Bill Clark, Past President On the Move Robin Clark, and Michael and Alison Johnson. IN ATLANTA Looking for a wellness event to participate in? Visit the calendar Goodman McGuffey Lindsey & Johnson, LLP, announced that at www.lawyerslivingwell.org. #lawyerslivingwell one of its founding partners, Edward Lindsey, left his litigation practice at the firm to pursue lobbying and public policy work. The firm changed its name to Goodman McGuffey LLP and is located at 3340 Peachtree Road NE, Suite 2100, Atlanta, GA 30326; 404-264-1500; Fax 404-264-1737; www.gmlj.com. Seyfarth Shaw LLP announced the arrival of partner Andrew R. Hough to the firm’s Corporate Department in Atlanta. Hough Butler Wooten & Peak LLP announced Ramsey joins Seyfarth from Ballard Spahr LLP where he was a partner B. Prather joined the firm’s Atlanta office as an in their Atlanta office. Hough advises financial and strategic cli- associate. Prather’s practice areas include False ents regularly on general business matters, domestically and in- Claims Act litigation, business torts and personal ternationally, with a focus on mergers and acquisitions, private injury. The firm is located at 2719 Buford High- equity, venture capital and outsourcing transactions. The firm way, Atlanta, GA 30324; 404-321-1700; Fax 404- is located at 1075 Peachtree St. NE, Suite 2500, Atlanta, GA 321-1713; www.butlerwooten.com. 30309; 404-885-1500; Fax 404-892-7056; www.seyfarth.com.

2016 DECEMBER 45 Allegra Lawrence-Hardy an- FordHarrison LLP announced the addition of Jill nounced the formation of Lawrence M. Harrison as of counsel to the firm’s Atlanta & Bundy LLC, a litigation firm office. Harrison has a breadth of experience ad- serving clients nationwide from of- vising management in issues related to both labor fices in Atlanta and Washington, relations and employment law. Her experience LAWRENCE-HARDY LEWIS D.C. Most recently, Lawrence- includes providing strategic counsel to business Hardy co-headed Sutherland Asbill executives and human resources management on all aspects of & Brennan’s business and commercial litigation the employment relationship, First Amendment litigation and team and the firm’s labor and employment team, counseling, and privacy matters. The firm is located at 271 17th helping Fortune 500 clients navigate an array of St. NW, Suite 1900, Atlanta, GA 30363; 404-888-3800; Fax complex commercial and employment matters. 404-888-3863; www.fordharrison.com.

SMITH John Lewis Jr., former senior managing counsel at The Coca-Cola Company, joined the firm Kilpatrick Townsend & Stockton as partner. During his 14-year career at Coca-Cola, Lewis has LLP announced the addition of held roles of increasing responsibility, having led the company’s Jennifer R. Findley, Sarah E. Park- global litigation team, directed the company’s compliance with er and Joe P. Reynolds to the firm’s the Foreign Corrupt Practices Act and related anti-corruption Atlanta office as associates. Findley laws and regulations around the world. FINDLEY PARKER focuses her practice on trademark Victoria C. Smith, a former associate of King & Spalding and copyright law. Parker focuses LLP, joined the Atlanta office as a senior associate. Smith was her practice on information technology, out- a member of King & Spalding’s tort and environmental liti- sourcing agreements, technology licensing and gation team for more than five years. Her practice focused support, systems integration, managed net- on defending product manufacturers in the pharmaceuti- work services, software licensing and support, cal, automotive and asbestos industries in nationwide prod- application service provider and software as uct liability and personal injury litigation in both state and REYNOLDS well as service transactions, electronic com- federal court. Lawrence & Bundy LLC is located at 1180 W. merce arrangements and other similar commercial transac- Peachtree St., Suite 1650, Atlanta, GA 30309; 404-400-3350; tions. Reynolds focuses his practice on complex commercial Fax 404-609-2504; www.lawrencebundy.com. litigation. The firm is located at 1100 Peachtree St. NE, Suite 2800, Atlanta, GA 30309; 404-815-6500; Fax 404-815-6555; Akin & Tate, P.C., announced that W. Matthew www.kilpatricktownsend.com. Wilson joined the firm, opening an Atlanta office in addition to the original Cartersville office. As Connell & Cummings LLC announced that K. Jea- a general practice litigator, Wilson has experi- nette Holmes joined the firm as an associate. She ence in personal injury, wrongful death, medical was previously with Boyd Collar Nolen & Tuggle malpractice, civil and administrative appeals, in Atlanta. Holmes assists mothers and fathers in class actions, multi-district litigation and complex business resolving complex child custody issues that arise litigation cases. The firm is located at 2719 Buford Highway in the context of divorce, paternity, modification NE, Atlanta, GA 30324; 770-382-0780; www.akintate.com. and contempt matters. She also has broad experience representing parents dealing with addiction and mental illness and the Freed Howard LLC announced that Naomi Bry- resulting impact on custody litigation. The firm is located at 3225 ant joined the firm as an associate. She has suc- Cumberland Blvd., Suite 510, Atlanta, GA 30339; 678-384-4542; cessfully represented clients before the Immigra- Fax 678-404-6336; connellcummings.com. tion Court, the Board of Immigration Appeals, the U.S. Citizenship and Immigration Service, Sutherland Asbill & Brennan LLP announced and various state courts in Georgia. Bryant is that it expanded its premier state and local tax proficient in Spanish and has studied in Madrid, Spain, and practice with the recent addition of Alla Raykin Santiago, Chile. The firm is located at Centennial Tower, 101 as an associate. Before joining Sutherland, Raykin Marietta St., Suite 3600, Atlanta, GA 30303; 470-839-9300; Fax was a staff attorney for the Georgia Department 470-839-9301; freedhoward.com. of Revenue, where she provided counsel on compliance and collections matters, drafted regulations, and handled administrative protests and proceedings. The firm is located at 999 Peachtree St. NE, Suite 2300, Atlanta, GA 30309; 404-853-8000; Fax 404-853-8806; www.sutherland.com.

46 GEORGIA BAR JOURNAL Nelson Mullins Riley & Scarborough LLP an- George E. Nowack Jr. and Julie McGhee Howard nounced that Brandi Knox joined the firm as announced the creation of their new law firm, of counsel and Thomas D. Powell joined as an NowackHoward, LLC. By mutual agreement, associate in the Atlanta office. Knox focuses NowackHoward absorbed the community as- her practice on immigration law, including sociation practice of Weissman, Nowack, Curry KNOX employment-based, family-based and natural- NOWACK & Wilco, PC, transferring clients and novating ization. Powell is a member of the education law contracts relating to the practice. The new firm team. His practice focuses on the transactional will stress its advisory abilities, providing timely needs of the firm’s education clients. The firm counsel aimed at protecting associations and dif- is located at Atlantic Station, 201 17th St. NW, fusing or avoiding conflicts. The firm is located Suite 1700, Atlanta, GA 30363; 404-322-6000; at Resurgens Plaza, Suite 1250, 945 E. Paces Ferry

POWELL Fax 404-322-6050; www.nelsonmullins.com. HOWARD Road NE, Atlanta, GA 30326; 770-863-8900; Fax 770-863-8901; www.nowackhoward.com. Krevolin & Horst announced that Adam Sparks joined the firm’s litigation practice. Sparks han- MendenFreiman LLP announced that Max R. dles a variety of litigation matters in the political, Lafer joined the firm as an associate in its business education and public arenas. He has experience law and outside general counsel practice area. He trying cases involving complex financial institu- brings more than six years of experience provid- tions and straightforward landlord/tenant issues, ing legal counsel to small and medium-sized busi- and litigating cases running the gamut of business settings and nesses on a variety of corporate and transactional civil procedure obstacles. The firm is located at One Atlantic matters, including business and corporate representation, en- Center, 1201 W. Peachtree St. NW, Suite 3250, Atlanta, GA tity structuring, incentive plans, licensing agreements, employ- 30309; 404-888-9700; Fax 404-888-9577; www.khlawfirm.com. ment law and related agreements, trademark and copyright clearance, and related registration. The firm is located at 5565 Taylor English Duma LLP announced the addition Glenridge Connector NE, Suite 850, Atlanta, GA 30342; 770- of Joel C. Williams as counsel in the firm’s corpo- 379-1450; Fax 770-379-1455; www.mendenfreiman.com. rate and business practice. Williams, who was previously with Bryan Cave LLP, serves clients in general corporate, international trade, and regulatory and legislative matters. The firm is located at 1600 Parkwood Circle, Suite 200, Atlanta, GA 30339; 770-434- How to Place an Announcement 6868; Fax 770-434-7376; www.taylorenglish.com. in the Bench & Bar column

Boyd Collar Nolen & Tuggle announced the ad- If you are a member of the State Bar of Georgia and dition of Michael P. Hodes as of counsel to the you have moved, been promoted, hired an associate, firm. Hodes will serve clients with a range of taken on a partner or received a promotion or award, family law issues, from pre- and post-nuptial agreements to complex divorce litigation. Hodes we would like to hear from you. Talks, speeches (unless joins Boyd Collar Nolen & Tuggle from Mayoue they are of national stature), CLE presentations and Gray Eittreim. The firm is located at 3330 Cumberland Blvd., political announcements are not accepted. In addition, 100 City View, Suite 999, Atlanta, GA 30339; 770-953-4300; the Georgia Bar Journal will not print notices of honors Fax 770-953-4700; www.bcntlaw.com. determined by other publications (e.g., Super Lawyers, Best Lawyers, Chambers USA, Who’s Who, etc.). Leading sports litigation attorney for multiple Major League Baseball teams Ronald Gaither Notices are printed at no cost, must be submitted in joined the Atlanta office of BakerHostetler as a writing and are subject to editing. Items are printed partner in the litigation group and the sports and as space is available. News releases regarding lawyers entertainment industry team. For the past 10 who are not members in good standing of the State Bar years, he has served as outside litigation counsel of Georgia will not be printed. For more information, for the Atlanta Braves. Gaither comes to the firm from Schiff please contact Stephanie Wilson, 404-527-8792 or Hardin. The firm is located at 1170 Peachtree St. NE, Suite 2400, Atlanta, GA 30309; 404-459-0050; Fax 404-459-5734; [email protected]. www.bakerlaw.com.

2016 DECEMBER 47 IN CANTON IN MACON Roach, Caudill & Gunn, LLP, announced the election of David Spivey, Pope, Green & Greer, LLC, announced that Keith A. Whitlow Frost to partnership. Frost’s practice areas include Johnston joined the firm as an associate. Johnston will practice criminal litigation, family law, personal injury and civil litiga- in the areas of business litigation, general civil litigation and tion. The firm is located at 111 W. Main St., Canton, GA 30114; corporate law. The firm is located at 4875 Riverside Drive, 770-479-1406; Fax 770-479-6171; www.rcglawyers.com. Suite 200, Macon, GA 31210; 478-254-8866; Fax 478-254- 8980; www.spgglaw.com. IN COLUMBUS Page, Scrantom, Sprouse, Tucker & Ford, P.C., IN COLUMBIA, S.C. announced that Taylor G. Martin joined the firm Speed, Seta, Martin, Trivett & Stubley, LLC, announced the as an associate. Martin’s areas of concentration opening of an office in Columbia, S.C. The firm will continue include litigation, commercial and business law, to focus its practice on insurance defense litigation throughout and estate planning. The firm is located at 1111 Georgia, Florida, Alabama, Tennessee and the Carolinas. The Bay Ave., Third Floor, Columbus, GA 31901; office can be reached at P.O. Box 11669, Columbia, SC 29211; 706-324-0251; Fax 706-243-0417; www.columbusgalaw.com. 803-748-2919; Fax 803-748-2735; www.speed-seta.com.

IN DUNEDIN, FLA. IN HAWKINSVILLE Jan Rosser, who practiced as a creditors’ rights Stephanie D. Burton was appointed as the first lawyer in Roswell, served as chair of the Credi- full-time Juvenile Court judge for the Oconee tors’ Rights Section of the Bar and authored Judicial Circuit on Oct. 1, 2016. Burton, a mem- “How to Set the Stage for Successful Commercial ber of the State Bar of Georgia Board of Gover- Debt Collection,” announced the opening of nors since 2012, was previously with the Oconee Rosser Law Office. Rosser is a Florida Supreme Judicial Circuit Public Defender’s Office. The Court certified and court-appointed mediator in all judicial cir- Oconee Circuit Juvenile Court can be reached at P.O. Box 1096, cuits of the state. Mediations in Florida focus on civil contract Hawkinsville, GA 31036; 478-783-2900; Fax 478-783-2902; matters. Rosser Law Office is located at 886 Weathersfield www.eighthdistrict.org. Drive, Dunedin, FL 34698; 727-734-8716; Fax 727-734-8716. Memorial Gifts Memorial Gifts are a meaningful way stating in whose memory they are made. to honor a loved one. The Georgia Bar The Foundation will notify the family of Foundation furnishes the Georgia Bar the deceased of the gift and the name of the Journal with memorials to honor deceased donor. Contributions are tax deductible. members of the State Bar of Georgia. Unless otherwise directed by the donor, Memorial Contributions may be sent to In Memoriam Contributions will be the Georgia Bar Foundation, 104 Marietta used for Fellows programs of the Georgia St. NW, Suite 610, Atlanta, GA 30303, Bar Foundation.

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BY PAULA FREDERICK

“Why in the world would you take a So how is a part-time prosecutor sup- job as a part-time prosecutor?” your part- posed to make a living? A recent amend- ner asks, shocked at your news. “You’ll ment to the Georgia Rules of Professional ruin my practice!” Conduct should help. “How do you figure that?” you ask. By Order of Nov. 2, 2016, the Su- “About half my practice is criminal preme Court of Georgia approved sub- defense,” your partner reminds you. “If part (d) to Rule 1.7. As amended, the you’re now representing the state I can’t rule allows part-time prosecutors to oppose it—your conflicts are imputed to handle criminal defense cases with the me, remember?” exception of “matters for which the “Well obviously I can’t handle cases part-time prosecutor had or has pros- where you are defense counsel,” you ad- ecutorial authority or responsibility.” mit. “But I’m going to be prosecuting for Of course, any particular case could Webster County, when I’m down at the still present a conflict under the general farm,” you add. “Your practice is mostly in rule stated in 1.7 (a), if there is a signifi- the metro area. How could that possibly cant risk that one of the clients will be be a conflict?” harmed by the representation. Otherwise Is it? the change to the rule should help part- For many years Georgia case law, time prosecutors breathe a little easier. z statutes and the ethics rules have provided inconsistent guidance for part- time prosecutors.1 Paula Frederick Comment 4 to Rule 1.7, the general General Counsel rule on conflicts of interest, provides State Bar of Georgia that “a lawyer ordinarily may not act as [email protected] advocate against a person the lawyer represents in some other matter, even if it is wholly unrelated.” Thus a strict read- Endnote ing of the rule would prohibit a part-time 1. Compare Thompson v. State, 254 Ga. 393 prosecutor (whose client is the state) from (1985), Rule 1.7 of the Georgia Rules representing a criminal defendant whose of Professional Conduct, and O.C.G.A. interests are adverse to the state. To make §§ 15-18-63(c), 15-18-94(c), and 15-9- matters worse, Rule 1.10 imputes the 153(c). part-time prosecutor’s conflict of interest to her law partners.

2016 DECEMBER 49 GBJ | Attorney Discipline

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ɞqºĀđɐȩȫɊȪȨȩȮđÌĄóėÆÌ\đɐȫȩɊȪȨȩȮɟ BY CONNIE P. HENRY

DISBARMENTS their work for the former employer. Christopher G. Nicholson Lyle Vincent Anderson In December the employer sued the P.O. Box 14728 1119 Trammell St. individuals, and Herbert was retained Augusta, GA 30909 Dalton, GA 30720 to represent them. Herbert filed an an- Admitted to Bar 1974 Admitted to Bar 2001 swer, defenses and counterclaim, but On Oct. 3, 2016, the Supreme Court On Oct. 3, 2016, the Supreme Court failed to adequately communicate with of Georgia disbarred attorney Chris- of Georgia accepted the Petition for Vol- his clients, did not devote the neces- topher G. Nicholson (State Bar No. untary Surrender of License of attorney sary attention to his representation, did 543275). The following facts are admit- Lyle Vincent Anderson (State Bar No. not conduct any discovery and allowed ted by default. Nicholson represented 017722). Anderson was convicted of forg- the discovery period to elapse without a client involved in an automobile ac- ery in the first degree for having falsified responding. The trial court found that cident. After the client died, Nicholson a written agreement for the payment of the individuals had intentionally spoli- also served as a temporary administrator legal fees. The Court of Appeals affirmed ated evidence; struck their answer and of his estate. He negotiated a settlement his conviction. defenses; and entered an injunction pre- with two insurance companies. Even venting them from providing services though Nicholson knew it to be false, he Ted B. Herbert to customers of the former employer. signed an affidavit that all medical bills 1731 Bonnterre Drive Herbert filed a notice of appeal, and in- had been paid in full. A medical facility Marietta, GA 30062 dicated that a hearing transcript should had not been paid in full, and it had filed Admitted to Bar 1975 be included and had been requested from a statutory hospital lien in the amount On Oct. 3, 2016, the Supreme Court the court reporter, but failed to order of $11,734. The insurance companies of Georgia disbarred attorney Ted B. the transcript and the clients terminated paid the settlement funds to Nicholson Herbert (State Bar No. 348250). The his representation. on behalf of the estate, but Nicholson following facts are admitted by de- The special master noted in aggrava- did not use the funds to satisfy the lien. fault. Herbert was consulted by two tion Herbert’s failure to comply with the The medical facility sued the insurers individuals in October 2009 regard- disciplinary process and his prior disci- on the lien, the insurers filed a third- ing their discharge from employment. pline of a formal letter of admonition, party claim against Nicholson and judg- Herbert advised them to start their own a public reprimand and an Investigative ment was entered against Nicholson for company in order to continue serving Panel reprimand. The special master the amount of the lien and attorney fees. their customers and to destroy physi- found no mitigating factors. Nicholson failed to pay the judgment, cal and electronic records relating to refused to respond to post-judgment

50 GEORGIA BAR JOURNAL discovery and was held in contempt for The Court emphasized its intolerance of SUSPENSIONS that refusal. dishonesty in representing clients and in Daniel J. Saxton At a hearing on aggravating and miti- the disciplinary process. 235 Pinetree Drive gating circumstances, Nicholson contin- Marietta, GA 30068 ued to display contempt for the disciplin- Chalmer Edwin Detling II Admitted to Bar 1977 ary process and the special master as he P.O. Box 683906 On Oct. 3, 2016, the Supreme Court of had throughout the process. Marietta, GA 30068 Georgia accepted the Petition for Volun- In mitigation, the witnesses for Nich- Admitted to Bar 2004 tary Discipline of attorney Daniel J. Saxton olson testified that he had a reputation as On Oct. 31, 2016, the Supreme Court (State Bar No. 628075) for a three-month an effective advocate and generally got of Georgia accepted the Petition for suspension to resolve two grievances. As good results, and that he had not made Voluntary Surrender of License of at- a result of the purchase of an existing law any false statements of which they were torney Chalmer Edwin Detling II (State practice in 2011, Saxton’s firm assumed the aware. One of those witnesses referred to Bar No. 219500). Detling was hired by representation of a client. The client had a court proceeding in which Nicholson a client in February 2016 regarding a been seeking to renegotiate the terms of was held in contempt for disruptive and claim for damages arising out of a motor her mortgage and to avoid foreclosure on a disrespectful outbursts. vehicle accident. He settled that claim home purchased for $1.6 million, but now The special master and the Court without receiving the client’s authoriza- worth $475,000. Saxton’s firm was able to found in aggravation of discipline Nich- tion to do so. suspend the foreclosure, but was unable to olson’s prior discipline of an Investiga- In mitigation of discipline Detling renegotiate the mortgage terms. Commu- tive Panel reprimand and a formal let- noted that his daughter was diagnosed nications with the lender and client were ter of admonition, his lack of remorse, in 2014 with an inoperable brain tumor, conducted by non-lawyer employees. In his refusal to acknowledge the wrongful for which she has been in treatment ever April 2012 the client terminated the rep- nature of his conduct, his failure to pay since. As a result, Detling stated that he resentation. Saxton sent the client $1,500, the judgment against him, his substan- was unable to devote the necessary time along with a “Liability Waiver and Release tial experience in the practice of law and to the client’s matter. Detling was under of Claims,” but he did not advise the client his outrageous, disrespectful conduct an emergency suspension issued by the to obtain independent counsel to advise throughout the disciplinary process. Court on Sept. 1, 2016. her about the release. The client obtained

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2016 DECEMBER 51 a judgment against the firm for $2,250, Fee Arbitration Program, Polk agreed to about the status of the release and nature which Saxton paid. a repayment plan, but he has not satisfied of the contingency fee agreement. In another matter Saxton’s firm was the award. Polk acknowledged service of S16Y1239—Brantley accepted a $1,000 paid $6,000 to attempt to reach a settle- the Notice of Investigation in this matter, retainer to perform work on a probate ment with a judgment creditor to pre- but failed to respond. matter, but failed to do the work, failed vent the foreclosure of a client’s prop- Polk’s prior disciplinary history, in ad- to communicate with the client, and failed erty. After the client’s initial consultation dition to the 30-month suspension he is to return the retainer. Brantley acknowl- with Saxton, all communications were currently serving, includes a three month edged service of the Notice of Investiga- with non-lawyer employees. The firm suspension; two administrative suspen- tion but did not respond. Brantley has obtained a postponement of foreclosure sions for failure to pay Bar dues; and an since refunded the retainer. and negotiated a restructured mortgage administrative suspension for failure to Brantley received an Investigative note that would allow the client to retain pay child support. Panel reprimand in 2006, two formal the property with a lower interest rate In aggravation of discipline the Court letters of admonition in 2010, an Inves- and monthly savings of $200. However, noted Polk’s substantial experience in the tigative Panel reprimand in 2010, and the lender required an up-front payment practice of law and his prior disciplinary a formal letter of admonition in 2014. of $7,000, which the client was unable offenses. The Court noted in mitigation With the exception of the 2014 matter, to pay. Without Saxton’s knowledge, a his lack of a dishonest or selfish motive all of the prior cases involved Brantley’s non-lawyer employee encouraged the cli- and his cooperative attitude. failure to adequately communicate with ent to file a meritless bankruptcy petition Polk’s reinstatement is contingent on her clients and most arose out of conduct pro se to forestall foreclosure. The client repayment of $1,500 to the two clients he occurring between 2008 and 2010. The requested and Saxton gave a full refund represented in the insurance matter, and 2014 matter arose from trust account and an additional $700 for a new lawyer on payment of $1,500 to the client in the violations which did not result in loss of to seek emergency relief. first disciplinary proceeding. client funds. The Court found in aggravation of dis- The Court agreed with Brantley that cipline Saxton’s substantial experience in L. Nicole Brantley her violations involve inadequate com- the practice of law and his prior discipline 420 Seabreeze Drive munication with her clients, that none of an Investigative Panel reprimand and a Rincon, GA 31326 of her actions appear to have caused her Review Panel reprimand. The Court found Admitted to Bar 2002 clients lasting harm, that her violations in mitigation a timely good faith effort to On Oct. 3, 2016, the Supreme Court are the result of negligence as opposed make restitution; a full and free disclosure of Georgia accepted the Petition for Vol- to willful behavior, and most arose at a and a cooperative attitude toward the dis- untary Discipline of attorney L. Nicole time of great stress and/or physical im- ciplinary process; and a reputation for in- Brantley (State Bar No. 0320909) for a pairment. The Court further agreed that tegrity and good moral character. 180-day suspension with conditions for Brantley has expressed remorse for her her action in five matters. behavior, that she has provided service Ricardo L. Polk S16Y1235—Brantley failed to appear to her community, both as an attorney 1302 Invermere Drive SE at a sentencing hearing in federal court, and as a volunteer, and that she has taken Mableton, GA 30126 failed to communicate with her client, steps to improve herself and her practice, Admitted to Bar 2004 and failed to promptly respond to the resulting in no known client-based griev- On Oct. 3, 2016, the Supreme Court Notice of Investigation. ances since 2011. Nevertheless, the Court of Georgia accepted the Petition for Vol- S16Y1236—Brantley failed to prompt- found that the number of violations evi- untary Discipline of attorney Ricardo L. ly respond to a Notice of Investigation dence a pattern of conduct inconsistent Polk (State Bar No. 001354) for a sus- where the initial complaint involved with the fiduciary obligation an attorney pension to run concurrently with the poor communication between Brantley owes a client. 30-month suspension he is already serv- and the client. Brantley’s reinstatement is conditioned ing, with conditions for reinstatement. S16Y1237—Brantley continued to on her participation in the Bar’s Law Prac- Polk was retained in February 2012 to practice law after an administrative sus- tice Management Program and Lawyers represent a client and her son in a pos- pension for not paying Bar dues, and she Assistance Program and her agreement to sible breach of contract claim against two failed to communicate with clients con- follow all their recommendations. insurers. The client paid Polk $1,500. cerning pending court appearances. Polk attempted to communicate with the S16Y1238—Brantley failed to prompt- Richard J. Storrs insurers, but only one responded. In Sep- ly return a signed release to an insurance 2870 Peachtree Road NW, Suite 212 tember 2012, the client terminated Polk’s company following resolution of an au- Atlanta, GA 30306 representation, and although Polk agreed tomobile injury claim, failed to have a Admitted to Bar 1984 to refund the fee, he did not do so. After contingency fee agreement in writing On Oct. 27, 2016, the Supreme Court the client filed a petition with the Bar’s and failed to respond accurately to the Bar of Georgia accepted the Petition for Vol-

52 GEORGIA BAR JOURNAL untary Discipline of attorney Richard J. file an action for fraud against his for- “He who is his own lawyer Storrs (State Bar No. 685575) for a three- mer spouse, paid her the agreed-upon has a fool for a client.” month suspension. In 2012, Storrs was fee of $30,000, and told her to have the engaged in settling payment bond claims action filed as soon as possible because filed by subcontractors against a client he believed that the former spouse had Warren R. Hinds, P.C. when he received a check from that cli- the means and ability to relocate. She did “An Attorney’s Attorney” ent for $15,031.32 to be paid to one of not file the complaint and her office sent the subcontractors. Storrs forwarded a the client misleading form letters that did t Bar Complaints release to the subcontractor and, after not accurately update him as to the status t Malpractice Defense not receiving a response, deposited the of his case. t Ethics Consultation check into his trust account. Between In a second matter a client hired Jones July and December 2012, Storrs with- to handle an appeal from a civil judgment drew $11,150 from his trust account for and the appeal was ultimately dismissed his personal use, money that came from for want of prosecution. his client and was to be used in satisfac- In mitigation of discipline Jones as- tion of the settlement. In February 2013, serted that she returned the $30,000 fee, the subcontractor signed a release. Storrs she is remorseful, that she has no prior then deposited the missing funds into his discipline, and that she has instituted new trust account and mailed a certified check office procedures to insure that commu- to the subcontractor for the full amount nications regarding client matters are per- of the settlement. sonally reviewed by her before they are In mitigation, Storrs noted that, dur- sent to clients. ing the period in question, he was suffer- ing from emotional and mental distress REINSTATEMENT GRANTED 1303 Macy Drive resulting from his separation and even- Gayle S. Graziano tual divorce, and from the depression P.O. Box 767 Roswell, Georgia 30076 suffered by one of his children. Storrs Hiawassee, GA 30546 Call (770) 993-1414 has sought and continues to seek coun- Admitted to Bar 1975 www.warrenhindslaw.com seling from his psychologist, as well as On Oct. 28, 2016, the Supreme Court his priest. Storrs further noted in mitiga- of Georgia determined that attorney tion that he fully and freely cooperated in Gayle S. Graziano (State Bar No. 306650) the disciplinary proceeding, and openly had complied with all of the conditions and honestly discussed the facts underly- for reinstatement following her suspen- ing the matter; that he used his personal sion, and reinstated her to the practice funds to replace the funds improperly of law. withdrawn from his trust account; that he has a long and substantial record of INTERIM SUSPENSIONS community service and pro bono work; Under State Bar Disciplinary Rule and that he has had only one letter of 4-204.3(d), a lawyer who receives a No- admonition that was received almost 20 tice of Investigation and fails to file an years ago. adequate response with the Investigative For the most up-to-date Panel may be suspended from the practice REVIEW PANEL REPRIMAND of law until an adequate response is filed. information on lawyer Nicole Jones Since Sept. 13, 2016, one lawyer has been discipline, visit 8677 Hospital Drive suspended for violating this Rule and four Douglasville, GA 30134 have been reinstated. z www.gabar.org/forthepublic/ Admitted to Bar 2004 recent-discipline.cfm On Oct. 3, 2016, the Supreme Court of Georgia accepted the Petition for Volun- Connie P. Henry tary Discipline of attorney Nicole Jones Clerk, State Disciplinary Board (State Bar No. 001352) for a Review Pan- State Bar of Georgia el Reprimand to resolve two grievances. [email protected] In one matter a client retained Jones to

2016 DECEMBER 53 GBJ | Legal Tech Tips

I·ÃÝx·ªÉ TIPS

BY NATALIE R. KELLY AND MICHAEL MONAHAN

Kringl App 1www.kringlapp.com This free mobile app lets you create magic with video and bring Santa to life, and Safari browsers. The browser right in your living room. Choose from a extension discretely alerts you (you get range of scenes, including Santa enjoying a popup banner on your search results your cookies and milk, Santa searching screen) if the product you are searching for your gift and Santa checking to see if for can be purchased elsewhere at a you’re on his list. lower price. It monitors pricing on most Track Legislation GovTrack.us major retailers and it even finds hidden 7 Track legislation as it happens through pricing. Now, how’s that for getting the this website and provider of aggregated Amazon Prime Now best price out there? 2primenow.amazon.com data. A free-use license is granted to Get last-minute supply needs answered visitors of the site, and some of the site’s within two hours with an Amazon Restore Closed Google information is used exclusively by some Prime Now account. I watched a lawyer government websites. Browser Tabs receive her on-the-road snacks prior 5 Too quick on the trigger and closed to leaving for a Bar meeting using this out a Google Chrome browser tab? service which delivers within two hours Increase Your Productivity— Get your tabs back in Google Chrome for certain areas. A great way to get browser with CTRL + SHIFT + T. The 8Use CamScanner almost anything you need quickly if you www.camscanner.com keystrokes will bring back (reopen) are an Amazon Prime member. Not one? CamScanner turns any smartphone into all tabs from your most recent Google Subscription is $99 per year, and if you a scanner. The app is free in iTunes or Chrome session, even after closing and are not in a Prime Now area, you get free from the CamScanner site for Android. reopening the browser! 2-day shipping on your online orders.

Calm App What’s up in Washington? Use Stickk to Set Goals www.calm.com www.whitehouse.gov/engage 9 6 Election results, bar exam results, trial 3and Keep Them Use the free mobile app WhiteHouse. www.stickk.com results and even this holiday season—the gov to visit the White House, anytime, Use Stickk to create a “commitment legal profession and life in general is anywhere and on any device. contract,” set the stakes, get support. fraught with continual opportunities to become stressed out. This is where the Calm app can help. The app features a InvisibleHand Check-In menu option where users can 4www.getinvisiblehand.com self-assess cognitive, emotional, physical InvisibleHand is a free price-tracking and behavioral symptoms of stress and extension for Firefox, Google Chrome rate their level of stress. The app’s Relief menu includes breathing meditation,

54 GEORGIA BAR JOURNAL Testimonial

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Kringl App z www.kringlapp.com Generations of kids have wondered alike, “Is Santa real?” What better way than an app to answer this question for the generation that doesn’t know a world without a smartphone? With only a couple swipes and taps on your smartphone or tablet you can finally obtain undeniable truth that Santa exists and that he has visited the same living room your kids traipse through each day. With this app, they will now know Santa is ALWAYS watching.

loving kindness, body scan, walking meditation, calm place, self-massage, guided imagery and more! Finally, the app includes links for learning more about properly managing stress as well as a Personal Safety Plan menu option to help users create a custom plan for dealing with their stressors. #LawyersLivingWell

Where is Santa? 10m.google.com/maps To track Santa on your mobile device open up your Google Maps app, or navigate to m.google.com/maps. To find Santa, simply type Santa in the search bar. You will then see Santa’s current location on a map. To get his updated location, you only need to search again. You can begin watching Santa on Google Maps on Christmas Eve.

2016 DECEMBER 55 GBJ | Law Practice Management

x·æxÌûăČïĒÌÝ° oČÿïæÃÿÌ°Ã·Ʌ How to Successfully Say “Goodbyeɪ to Your Old Firm

BY NATALIE R. KELLY

According to the music database, Discogs (www.discogs.com), there have been more than 95,000 tracks recorded using the word goodbye. Goodbye songs have been written to convey feelings of anger, disappointment, sadness and even regret when exiting, but leaving a law firm need not end in those sentiments. Use the tips below to build a strong bridge—maintain a positive relationship between you and your soon-to-be former firm—whether leaving due to retirement, the sale of your practice, a new position, opening your own shop or for any other reason you need to say goodbye.

Organize before you leave. To get ready to close the door or prepare your office for a successor, go through your papers and other information and discard unnecessary items. Moving beyond clearing out the physical items in your office, look to organize your systems and procedures in such a way as to leave the firm in a position to maintain and build what works for the practice as well as eliminating what may be broken. Spe- cifically, look to update job descriptions to match the current needs of the firm and adhere to any strategic planning ini-

ILLUSTRATION BY ISTOCK.COM/ERHUI1979 ILLUSTRATION tiatives. During this process, outline and

56 GEORGIA BAR JOURNAL delegate tasks to deal with any outstand- practice management or accounting not adequate or you may need to address ing work you were asked to do. Look- program that matters are closed; and if insurance terms set to expire after you ing externally, make sure you’re covered you are using physical files, move them have planned to leave. Planning for these on any assignments you already agreed to an area separated from your active eventualities sooner rather than later can to handle, and that you have thought client files after they have been labeled help ease the burden of managing risk as through any potential conflict of interest by the year, internal file number and you leave. situations which may arise due to your organized alphabetically. new job or situation. Finally, and on a personal note, take Make sure bank accounts correctly a picture before turning out your Review your personal succession plan. reflect your firm’s signatories or are office light one last time. You don’t have one? Succession plan- closed out prior to your departure. You can capture the footprint of what ning can be formalized through the Bar’s If names must come off accounts or if you’ve left behind, and you won’t have to YLD Succession Planning Pilot Project, accounts must be closed, make it a point look back, unless you do so fondly! and questions about this program can to handle these items personally, if you be answered by Stephanie Powell, bank locally. For a checklist on closing your office [email protected] or 478- or other forms related to leaving a firm, 301-2615. You can also download the form Catalog passwords and return contact the Law Practice Management for the Succession Planning Program from company property before you leave. Program at 404-527-8772. You can use www.gabar.org/committeesprograms Make this process easier by including it these and other resources from the pro- sections/younglawyersdivision/. in your personal leaving checklist. If you gram to build a strong bridge between have an assistant or paralegal, go over your old office and new situation. z Try a lighter schedule. where such items can be found. Setting You might ease out of your office with a a generic overall password—still strong part-time or reduced-time arrangement if though—for all accounts can make the Natalie R. Kelly you are looking to retire. By limiting the transition out of the office easier. Any- Director, Law Practice Management time and the work you are doing, the re- one accessing your old accounts can more State Bar of Georgia mainder of the firm can better determine readily access information they will need [email protected] staffing needs and arrange for strategic after you’ve moved on. planning shifts going forward. Reducing the time you work and other work re- Leave behind helpful institutional quirements will help you ease away from knowledge. Tax Court Accepts the practice under less stressful condi- If useful information is not kept in the tions. Make sure your reduced schedule firm’s written policies and procedures Kaye Valuation is understood so no unnecessary misun- manuals or a standard and regarded te- derstandings develop as you wind down net of the practice, then make it a point Affirmed by your work. to get this information to the appropriate US Court of Appeals parties. If an exit interview is part of the Don’t forget ethics rules! process, take the time to honestly assess Comply with your ethical obligations as it what was good and what was challenging Mitchell Kaye, CFA, ASA relates to clients and their files—remem- during your tenure. Your efforts will be ber it’s always the client’s choice when it appreciated, and you can feel good about (770) 998-4642 comes to representation and you will al- what you contributed to the firm while ways have obligations to clients long after you were there. you have left their employ. Contact the Business Valuations State Bar’s Ethics Helpline at 404-527- Review insurance of all types for 8741 with questions about what you can adequate coverage and continuing Divorces ! Estates ! Gifts and cannot do as it relates to taking clients service concerns. ESOPs ! FLPs with you to a new firm. Strive to leave in If your future entails more law practice, Intangible Assets ! Disputes a professional and agreeable manner. review whether tail coverage is provided under existing professional liability poli- Court Testimony and IRS Experience Make sure file retention and cies and in what coverage formats. Also destruction policies are in place. review other types of insurance for ad- Follow consistent steps for all closed equate coverage as you transition to your serving appraisal clients since 1981 matters. A good system to follow is new situation. You may need to purchase www.MitchellKaye.com one where you indicate in an online additional insurance if your coverage is

2016 DECEMBER 57 GBJ | nìďĉÆ-µìüÁÉZį¨µ

·,ÿĒÌČÁĒÝ æ°QĒÝČÌûÝĥ The Tifton Circuit Bar Complies with ,ÏĢºqºđĈóÄ Twins q¿®÷®ïó®Üÿ÷äĢ®óÿ¿®Âó÷ąóĐÂĐÓÿÂï÷Ü§ express the unique joy of having twins. PHOTO PROVIDED BY HOLLY WALKER BY HOLLY PHOTO PROVIDED BY BONNE DAVIS CELLA (Left to right, front row) Ann Catherine, John Robert and Fletcher; (left to right, back row) Holly, Eleanor and Rob Walker. A curious phenomenon was recently brought to light regarding the Tifton Ju- dicial Circuit Bar Association. Among the attorney parents are five sets of twins. The Tifton Judicial Circuit Bar, comprised of Tift, Worth, Irwin and Turner counties, is one of the smaller voluntary bars with less than 50 members. Even though multiple births are on the rise—the 2014 twin birth rate in our nation was 33.9 twins per 1,000 births;1 this is still a high percentage of twins within the circuit. All of the parents were shocked and sur- prised when they heard the word “twins.” At- torneys Chip and Emily Vowell were speech- less in the ultrasound room and then Emily began to cry. “Our shock quickly turned to joy, though, and we wouldn’t have it any other way,” Emily said. She and Chip are the parents of 18-month-old fraternal twins, Waylon and Wyatt. Virginia and Chris Hall are both attorneys and the parents of 5-year-old fraternal twins Cole and Alex. Chris, a Georgia bankruptcy attorney, is also a major in the Alabama Na- BY VIRGINIA HALL PHOTO PROVIDED (Left to right) Cole, Chris, Lauren, Virginia and Alex Hall.

58 GEORGIA BAR JOURNAL tional Guard serving as a command judge advocate. They also have a daughter Lau- ren, who is 8. Virginia’s advice to parents who have just learned that they are expecting twins: “You will make it.” Attorney George Reinhardt and his wife Ashley are the parents of 2 1/2-year- old twins Henry and Jackson. They are also fraternal twins but look almost identical. George and Ashley both had great-

grandparents who were twins. Ashley’s VOWELL BY EMILY PHOTO PROVIDED advice to new parents of twins: “Two (Left to right) Emily, Wyatt, Waylon and Chip Vowell. words: night nanny. I don’t know how we would have survived without one! That, and start buying a pack of diapers every time you go to the store. You’ll be glad you have a stockpile once your babies arrive!” “Our twins were born weighing 7 pounds 1 ounce and 7 pounds 4 ounces— the largest babies born at the hospital that day,” said Holly Walker of her now 9-year-old fraternal twins John Robert and Fletcher. She and husband Rob, an attorney in Ocilla, are also the parents of daughters, Ann Catherine who is 11, and 3-year-old Eleanor. “Our greatest joy has been to see the incredible bond that exists between our boys. John Robert and Fletcher are very competitive, but their love for each other is an amazing gift they share. They now BY ASHLEY REINHARDT PHOTO PROVIDED (Left to right) Henry, George, Jackson and Ashley Reinhardt. realize that they have a ‘built in’ best friend for life that God blessed them with,” Holly said. Municipal Court judge and attorney Chad Vanorman and wife Amy have the only set of twin girls—Anna Claire and Ava. The 2-year-old fraternal twins have a brother Ethan, who is 7. “The lo- gistics of taking care of two babies and trying to accomplish anything has abso- lutely been our greatest challenge. My wife has had near nervous breakdowns in parking lots trying to get all three kids inside a store successfully. In addition, double strollers are evil and rarely fit through aisles. It’s also difficult to find babysitters to come into your house who are up for the challenge of taking care of twins. It can be exhausting, we know,” Chad said. As for advice, Chad offers: “It’s quite the roller coaster ride. It takes a lot of prayer, wine, endurance PHOTO PROVIDED BY AMY VANORMAN PHOTO PROVIDED and adherence to routine.” (Back row, left to right) Amy and Anna Claire; Chad and Ava; (front) Ethan Vanorman.

2016 DECEMBER 59 PRIDE OF PLACE Are they twins? Did you breastfeed? INTERESTING FACTS AND Are they natural? Are they a handful? Questions like these are the most com- VIEWS ON THE AZALEA CITY mon according to these twin parents. What does a region in Italy, a high There are many more interest- “We don’t often get annoyed when peo- school football team with the ing features about the lovely “Aza- ple ask us questions. Although, when most wins in history and John lea City” and the home of Valdosta people are looking directly at them and Henry “Doc” Holiday have in com- State University. While observing ask whether they are identical or fra- mon? Valdosta, Georgia! a local bar meeting, the pride for ternal, we can’t help but laugh because Valdosta was named after an Valdosta was obvious as well as Waylon and Wyatt look so different,” estate owned by Georgia Gov. the cordiality between the bar said Emily Vowell. George Troup who served from 1823 members. When asked what they to 1827. His estate, Val D’Osta was are proud of in their city, the bar “They really do have their own lan- in Laurens County, and was named members had many responses. guage that no one else understands but after a valley in the Italian Alps. Here are a few: the two of them understand perfectly,” Troupville and Troup County were said Ashley Reinhardt of sons Henry and both named in honor of the popular z “We have a very giving Jackson. Emily Vowell agrees: “Our boys governor, who was also an attorney. community.” will say something to each other in their For the one or two people who z “Our Turner Arts Center is un- special language and then burst out laugh- may not know: “The Valdosta matched as is the Valdosta Wildcats are the winningest high ing—it’s amazing!” Symphony! school football team in the United ” “It brings us great joy watching our son States with a record 900 wins, 220 z “Check out the Grand Bay play with the girls and seeing how they losses and 34 ties. From 1913- Wildlife area and the Lowndes look up to him,” said Chad Vanorman. 2015, the Wildcats have won six County Historical Society.” “Our greatest joy is their smiles and national championships, 23 laughter,” said Virginia Hall. state championships and 41 re- z “Our downtown is vibrant with “God sent these babies to you for a gional championships.”1 great restaurants!” reason, and he trusts you to take care of Doc Holiday and his family As Superior Court Judge James moved from Griffin to Valdosta Tunison stood to address the them. It is the most special time of your when he was 12 years old. His fa- bar on the status of the Lowndes life, full of joy beyond belief! Love and ther served as mayor of Valdo- County accountability court, at- enjoy every minute,” said Holly Walker. sta and Doc was one of the first torney Walter Elliott commented: For the record, an attempt was made students at Valdosta Institute that “We have a strong bench.” to gather all of the twins at the State Bar provided him with a strong clas- It appears that the Accountabil- office for a group picture which was un- sical education. He then attended ity Court, like so many other things derstandably easier said than done! z the Pennsylvania College of Dental in Valdosta, is going strong! Surgery and briefly practiced dentistry in Valdosta and Atlanta. Doc’s mother is buried in Valdosta Bonne Davis Cella where she succumbed to tubercu- Endnotes 1. Wikipedia Office Administrator losis. The same illness drove Doc 6RXWK*HRUJLD2ƛƛLFH out West for his health and his 2. Lowndes County Historical destiny as a legendary gunfighter.2 Society and Museum Website [email protected]

Endnote 1. Hamilton, b., et al. “Births: Final Data for 2014.” National Vital Statistics Reports, December 23, 2015. PHOTO BY BONNE DAVIS CELLA PHOTO BY BONNE DAVIS (Left to right) Jessica Young, president; Marnie Watson, treasurer; Patrick Kerns, secretary and Superior Court Judge James Tunison at a Valdosta bar meeting.

60 GEORGIA BAR JOURNAL “And Justice for All” 2016 State Bar Campaign for the Georgia Legal Services Program, Inc. If You Don’t Stand for Justice for All, Who Will? Give Today at www.glsp.org (Click on Donate Now)

welve-year-old Matthew has autism, Tourette’s syndrome, attention deﬁ cit disorder, auditory processing and an eye disorder—but still the Department of Community Health determied his Tcondition was deemed not severe enough to retain his eligibility for a special Medicaid waiver that covers treatment for children with extreme needs. Matthew’s parents were certain that he continued to be eligible. He depends on regular speech, physical, and occupational therapies covered by Medicaid. Without the coverage, his parents were panicked about what they would do as they couldn’t afford such treatment otherwise. They contacted Georgia Legal Services for help. We were able to prove that Matthew needed all the care and services he received. The family never lost eligibility, and was able to continue paying for Matthew’s medical care with the waiver’s support.

State Bar of Georgia ®

Thank you for your generosity and support.

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

We are on the cusp of a major In presentations I make to local bar as- demographic change in the lawyer pop- sociations around the state, I often urge găăÌæÃ ulation in Georgia and nationally. The the members in attendance to reflect on Boomer generation of lawyers is enter- their role as mentor and guardian—men- ČÉ·Čïæ ing retirement. Many of the generation’s tor of new lawyers and guardian of the lawyers, if not retiring, are already slowing keys to the courthouse. If each one of us down their practice and planning the next has a responsibility to make life better phase of their lives. These lawyers who for succeeding generations, then, too, a Nurturing the promise of pro bono came of age in the 50s and 60s have made a lawyer has a similar obligation for those publico from one generation to profound impact on our legal culture, par- within her profession. That obligation the next. ticularly in the area of pro bono publico. goes beyond seeing that new lawyers are BY MICHAEL MONAHAN The Boomer generation has been technically prepared for their work. hailed and assailed in the political and so- Perhaps I should express the genera- cial arenas. The question for our discus- tional transfer of professional values as sion here is: Have Boomer lawyers raised a covenant rather than a duty. We often up their successors—have they raised up speak of the promise of pro bono and of young lawyers—in the ways of pro bono a time in the future when “justice will and community service in a manner that rush down like waters and righteousness will ensure a healthy future for the legal like a mighty stream.” Who among us profession and respect for the courts? will choose to enter into that covenant PHOTO BY ISTOCK.COM/VM

62 GEORGIA BAR JOURNAL to march toward perfect justice and fair PRO BONO STAR STORY play? One might argue that we all do that work in our ordinary role as lawyer and counselor—that it’s baked into the role PATRICIA FORTUNE AMMARI of lawyer; however, we need strong and visible pro bono leaders in every genera- Patricia Fortune Ammari tion of lawyers. Attorney at Law The Young Lawyers Division of the The Ammari Firm, LLC State Bar of Georgia has played an effective role in bridging the gap between one She then attended Georgia State generation and the next. The YLD’s his- University College of Law where she served on the Law Review and tory reflects quality leadership—in giving Patricia Fortune Ammari is the represented her law school in the birth to what is now the Georgia Legal founder of The Ammari Firm, LLC, Philip C. Jessup International Law Services Program, in addressing special and a long time Atlanta Legal Aid Moot Court Competition. Ammari legal needs in our communities, for cre- volunteer. She has donated her began her career as a commer- ative responses to disasters and much time to the Georgia Senior Hotline cial litigation associate in the more. New lawyer and YLD member, you serving senior citizens throughout Atlanta office of a large interna- are following in the footsteps of young the state of Georgia with their civil tional law firm where she repre- lawyers who became leaders for justice. legal needs. Ammari’s involve- sented Fortune 500 clients. She The curtain has not yet fallen for the ment with the hotline focuses now uses those same advocacy Baby Boomer generation of lawyers who on advising seniors in nursing skills on behalf of seniors. still exert great influence over our profes- homes to help them remain eli- Ammari currently serves as gible for health care and works to the past president of the Georgia sion and our communities. As you move ensure the patient’s qualified in- Chapter of the National Academy toward retirement, think about your come trust runs smoothly so the of Elder Law Attorneys. She is legacy and how you might preserve it by client receives necessary medical also a member of the Atlanta Bar capturing and sharing your stories of pub- treatment and care. Having been Association, the Cobb County Bar lic service in CLE programming, through a caregiver herself, she under- Association and ElderCounsel. local bar pro bono projects and in one-on- stands the challenges that the Ammari serves as the president one conversations with young lawyers. aging process can pose to fami- of the Elder Law Section of the I also urge young lawyers that you not lies, and she endeavors to provide Cobb County Bar Association. She wait to fill a void, that you actively plan quality legal service while treating lives in East Cobb County with her now an agenda for pro bono publico and each of her clients as she would husband and two children. community service. Honor your pro bono want her own family members to Atlanta Legal Aid is proud to be treated. have Patricia Ammari as part of forebears by imitation. Let them know Ammari graduated from The the volunteer team representing you have been watching and listening. z University of Alabama in 1997. Georgia senior citizens. z

Michael Monahan Director, Pro Bono Resource Center State Bar of Georgia [email protected]

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

2016 DECEMBER 63 GBJ | Section News

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BY DERRICK W. STANLEY

Over the past few months, there have been several opportunities to learn about very specialized legal circumstances. While these may not be your particular practice area, these events demonstrate the value of belonging to a section. The International Law Section conducted a program titled “Argentina: Opportunities and Challenges in a New Business and Legal Environment.” This program covered topics that highlighted the legal changes that have happened in Argentina during the 10 months following a shift in government and policies. The panel included representatives from Argentina and major companies with a presence in Latin America. On the same day as the International Law Section event, the Creditors’ Rights Section was having their luncheon at Maggiano’s in Buckhead. This annual event has become a mainstay of the section where practitioners meet to network and learn the most current information in their practice area. This year the program, “What We Learned, What We Need To Do, How It Works,” covered the topics ILLUSTRATION BY ISTOCK.COM/FIRSTPENTUER ILLUSTRATION 64 GEORGIA BAR JOURNAL from the 2016 Legislative Session that pertained to the Garnishment Bill. The speakers were both key players in garnishment law and provided insight on their strategy to get the bill passed. The Intellectual Property Law Section has been actively producing “lunch and learn” programs from the various committees. One of the timeliest sessions was “Brexit and European Patent Law.” Rep- Know Your Bar resentatives from Bristows LLP in the United Kingdom discussed the impact of Brexit in the EU Patent Court and potential pitfalls for clients in Europe and the United States. The Trade Secrets Committee of the section also presented a program on “The Defend Trade Secrets Act.” This program covered topics from expert transactional and litigation attorneys who have been dealing with this new law. They also discussed why major companies need a Trade Secret Protection Program and how they can begin to set one up. ɥ.·ïÿÃÌS··°ăIğĥ·ÿăɦ These are only a few of the programs that sections have offered over the past PSA Campaign year. The ability for sections to respond to emerging issues and new laws is unpar- Showing Georgia citizens why we all need alleled. The collective knowledge of the lawyers: ganeedslawyers.org. groups allows the opportunity to create cutting-edge programs and to disseminate them to the members in a very quick fash- ion. It also allows an opportunity for non- The State Bar of Georgia has their clients, not only by repre- section members to learn about trends in launched Georgia Needs Lawyers, senting them in the legal system, the legal profession that may pique their a campaign aimed at showcasing but by going well beyond the interest while not being in their particular examples of the kind of indelible traditional role of a lawyer,” said area of practice. difference Georgia lawyers make Patrick T. O’Connor, president of In addition to educational programs, every day in the lives of Georgia the State Bar of Georgia. “These residents. stories are so compelling, and sections also have social events including so emotionally moving, that we lunch with judges, happy hour receptions The campaign will employ a decided to make them the center- and holiday parties. Section events can be large-scale storytelling platform, piece of our new campaign.” found by navigating to the Calendar page featuring television and radio ads at www.gabar.org. Most events are open and will be enhanced by social me- The Georgia Needs Lawyers to all attorneys with a special discounted dia and traditional public relations campaign will begin by telling the rate for section members. initiatives. stories of three Georgians who To learn more about sections, go to have had their lives transformed www.gabar.org and click on the “Com- Different from any other in the thanks to their lawyers. Visit Bar’s history, the campaign fea- www.ganeedslawyers.org for a mittee, Programs and Sections” button. z tures stories drawn from Georgia preview of the TV spots. lawyers’ own experiences. Do you have a story about changing Derrick W. Stanley “There are so many extraordinary a client’s life? For a chance to be fea- Section Liaison stories about the way our members tured in next year’s campaign, email State Bar of Georgia have greatly impacted the lives of [email protected]. [email protected]

2016 DECEMBER 65 GBJ | Oµá¦µüµãµĲĉĀ

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BY SHEILA BALDWIN

Legal professionals are increasingly on the lookout for products and services to make their practices and their lives run more efficiently and productively. The State Bar of Georgia has compiled a list of companies on the Bar’s website under the heading Attorney Resources/Member Discounts to make it easy to find help (see 3 fig. 1). In the vendor directory, members can search by name, category or keyword to find a variety of resources. Interested vendors list their products or services on the directory and often include a discount. Each vendor listing appears as a business card with contact information and links to additional information. Our goal is to provide an easy to way to search and purchase business solutions and the vendor directory is designed to serve this purpose. The most likely way to find what you are looking for is to search by category. At- torneys looking to enhance their practice

66 GEORGIA BAR JOURNAL Stress, life through the use of new or upgraded prac- information under Insurance Offerings in tice management software, and we rec- the dropdown under Attorney Resources challenges ommend that you do, would look under on the home page of the Bar website as Computer Technology which is divided well as under Insurance on the vendor di- into four sub-categories, Consultants, rectory (see fig. 3). Members can also find or substance Hardware, Software and Web Design/ a large group of additional professional li- Marketing. Under the main category, 18 ability insurers under this category. abuse? computer technology providers are listed; If you already know the name of a ven- narrow to a specific technology such as dor, use the search by name option to see software to see 16 companies, the major- an alphabetical list or search by keyword ity of all companies in this space. Practice to sort through the vendor list. If you use The Lawyer Assistance management software is the most likely the terms such as “health,” “wellness” or Program is a free technology investment solos or small firms “stress,” y ou would find the Lawyer As- will make in the coming years. Providers sistance Program (LAP), a program of the program providing take this into account and offer some de- State Bar of Georgia that provides confi- confidential assistance cent discounts from 10-20 percent, usually dential help to our members. LAP is out- for the lifetime of use (see fig. 2). With the sourced to CorpCare Associates, Inc., to to Bar members whose wide acceptance of cloud-based software, help State Bar members with life’s difficul- personal problems may it’s now assumed that business owners will ties. Members are entitled to six prepaid be interfering with their be able to deliver services with no time or counseling sessions per issue per year. location barriers. Two companies are listed You would also find our wellness ini- ability to practice law. under Office Needs in the subcategory Vir- tiative, Georgia Lawyers Living Well. A tual Assistance that can help meet this ex- portion of our website is dedicated to in- Members are entitled to six pectation. Find help under Financial Needs formation regarding the physical, mental prepaid counseling session in several areas, including: Accountants/Fi- and social well-being of our members. nancial Advisor, Banking and Credit Card The website includes a list of wellness per issue per year. Processing. partners who offer great discounts in the Lawyers looking for hotel discounts area of exercise, fitness and yoga. Visit can find them under the Personal Services www.lawyerslivingwell.org for more in- category. Among the hotels that offer spe- formation on the wellness initiative. cial rates for Bar members are The Glenn Hopefully, our members will benefit Hotel, Hilton Garden Inn and the Omni from and support the vendors who of- Hotel at CNN Center, both of which are fer discounts. You may have a vendor located within walking distance of the Bar that you would like to promote because Center in Atlanta. We have also negoti- of exceptional service or good pricing, ated deals with The Hyatt Regency and if so feel free to mention this website to the Hilton Garden Inn in Savannah that them. Our goal is to help our members are close to the Coastal Bar office. Make find good products and services in or- sure you check the list before you book der to run more successful and efficient your next trip. practices. For questions or further in- A big concern for law firm manag- formation regarding the Online Vendor ers is the rising price of health insurance Directory contact [email protected] or premiums and deductibles. Fortunately, call 404-526-8618. z the Member Benefits Committee of the State Bar of Georgia had a concern about The Online Vendor Directory and list of this need and due to their efforts, Member wellness partners are not intended to be an Benefits, Inc., became the recommended inclusive list or a recommendation of any ven- broker of the State Bar of Georgia for dor. Members are advised to use their own due health, dental, disability and long term care diligence prior to using the services of these or insurance. Recently, professional liability any other vendors. insurance has been approved as part of their resources as well. This company has Sheila Baldwin earned a good reputation with our mem- Member Benefits Coordinator bers in helping them find the solutions to a State Bar of Georgia LAP Confidential Hotline wide variety of insurance needs. Find their [email protected] 800-327-9631 ILLUSTRATION BY ISTOCK.COMERHUI1979 ILLUSTRATION 2016 DECEMBER 67 GBJ | Writing Matters

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Do you need a creative outlet? Want to establish expertise or market your services to potential clients? Blogging may be for you! BY JENNIFER MURPHY ROMIG

Why do lawyers and law firms start and maintain legal blogs? Lawyers’ reasons to blog vary rather widely: finding a creative outlet, establishing expertise, writing to learn about new developments, making connections with other lawyers and marketing legal services to potential clients, to name a few.1 Blogging is a form of what I call “public legal writing,” which opens up more creative possibilities for the legal writer than in traditional client- driven work.2 Legal blogs in Georgia3 represent all these many reasons to blog. They also show the same wide spectrum of quality seen in legal blogs nationally. Legal blogs range from the not-so-good (out-of-date, lots of cut-and-paste text, jargon-filled, broken links or no links and non-responsive on smartphones) to the excellent (creative, accessible, up-to-date, visually compelling and mobile-responsive on smartphones). And excellent legal blogging comes in a range of styles from formal to conversational. Within that range of styles, the selected posts in this article demonstrate some broad generalities of effective legal blogging. ILLUSTRATION BY ISTOCK.COM/PEARLEY ILLUSTRATION

68 GEORGIA BAR JOURNAL Write a Great Lead (About a ways I can totally screw up my workers’ While phenomenal verdicts may occur Great Topic) comp case?”9 The technicalities of search in conservative rural counties in great Legal issues and legal news make good engine optimization are beyond the scope cases, and the plaintiff will likely recover topics when they provide information of of this article, but useful headings such as nothing in a rotten case even in the most value to intended readers. Non-legal news these should guide curious members of the generous venue, in average cases the can also make good fodder for posts. Doug web-browsing public toward lawyers’ blog identity of judge and county are crucial. Isenberg’s award-winning GigaLaw Blog4 posts addressing their questions. jumped on the Pokémon GO bandwagon This passage ranges from a six-word with his July 2016 post on the inadvisabil- sentence to a 40-word sentence. The ity of registering Pokémon-related domain Use Headings, Bullet Points latter is long but readable because of its names.5 His lead took the opportunity to and Other Cues grammatical structure and punctuation. have a little fun with the topic: A screen full of text may drive readers And the variety throughout the passage away, whereas headings provide a sense makes the overall effect more engaging The legal issues surrounding the sud- of structure and highlights drawing read- for the reader. den success of “Pokémon GO”—one ers in. In her blog All Things Pros10 dedi- of the world’s fastest-growing apps or cated to patent prosecution, Karen Haz- games—are popping up as quickly as zah organizes her posts on new patent Use Vivid Quotations unhatched Eggs at a PokéStop. cases into a set of standard bold headings Traditional legal writing should use giving the key point first: quotations effectively, and the same is Legal blogging gives lawyers the op- true of legal blogging. Pare down the portunity to write about another tempt- z Takeaway ing if somewhat risky topic—themselves. z Details Appellate lawyer Scott Key used his experience at the Peachtree Road Race as the z My Two Cents hook for a summer 2016 post:6 But the topic doesn’t have to be as On Monday, I stood at the start line complicated as a patent case to benefit of a hot, humid, and crowded 10k. from helpful headings. In a post directed at employers on pregnancy accommoda- He went on to reflect on lawyers’ tions,11 Todd Stanton organized the in- efforts to prepare and perform well in formation around two headings: court, as well as his clients’ struggles with crimes of addiction and impulsiv- z Avoid the Following Mistakes ity. Key’s blog post captures some other lessons of legal blogging as well, such as zTake the Following Steps showing personality and being authentic FIND US yet still professional. Whether to weave the personal in with the professional Use a Variety of Sentence EVERYWHERE will depend on the lawyer’s personal- Lengths and Paragraphs comfort level and, if the blog is hosted by A mix of short and long paragraphs a law firm, the firm’s blogging strategy IHFCHĔ;HčCř and sentences makes the writing more and style. interesting. NBĔ=FIOč Like this. Use a Good Headline Fragmentary paragraphs such as the preceding one may be too informal for For lawyers who want to reach potential some legal bloggers’ style. But all blog- gabar.org zgeorgiayld.org clients, one effective and simple strategy is gers—and all legal writers, and writers georgiamocktrial.org to brainstorm questions that potential cli- generally—can benefit from using vari- facebook.com/ ents would ask, and then use those ques- ety in sentence length and structure. Ken statebarofgeorgia tions as headlines.7 “Why Should I Create Shigley’s Atlanta Injury Blog has a nice Health Care Directives” is the title of a May flickr.com/gabar example in a post12 on venue: 26, 2016, post by Walker, Hulbert, Gray, youtube.com/ & Moore.8 statebarofgeorgia Facts and law are vitally important. Headlines can also catch readers’ atten- But the identity of the decision mak- twitter.com/statebarofga tion with the unexpected, such as this from ers—judge and jury—are crucial too. Michael Moebes: “What are some good

2016 DECEMBER 69 quote to the most vivid part, as Chris- However, I wondered, how can an of- Be Ethical and Respectful topher Simon did in this post on the re- ficer know if the motorist whose head of Others’ Rights cent Supreme Court of Georgia’s opin- is pointed down toward a cellphone is Creative imagery, conversational ion about the value of a deceased pet’s “engaging in a wireless communica- writing and pithy headings won’t mat- life: tion” as opposed to looking at photos ter if a blog infringes copyright, reveals or his calendar?16 client confidences or otherwise violates As the Supreme Court noted at the the Georgia Rules of Professional Con- beginning of its opinion, the death Humor can of course go awry if it’s duct. The ethical obligations of lawyers of a pet is an issue “near and dear to not appropriate for the topic or the audi- on social media are beyond the scope of the heart of many a Georgian,” and ence. New legal bloggers may want to be this already-long article but are more im- the Supreme Court’s ruling brings cautious when first trying humor in their portant than stylistic writing decisions. much-needed clarity to this area\ posts; many experienced legal bloggers The wide variety of excellent legal blog- of law.13 confidently brandish their sarcastic wit ging in Georgia shows that many Georgia throughout their posts. lawyers are managing their ethical obliga- Block quotes can be used effectively tions effectively and enjoying the creative in legal blogs, especially when the blog- process of blogging. z ging platform sets them off visually. Use Images To integrate them into the content, pre- Photos and charts make blog content view the block quote with a full sentence more memorable, and are said to in- Jennifer Murphy Romig is a preview suggesting what the reader crease “shares” on other social media professor of practice at should see in the block.14 This article sites such as Facebook and Twitter. For Emory Law School. She tries to demonstrate that technique in example in a post on whether federal teaches first-year legal research and writing and an introducing examples. contractors can administer pre-employ- advanced legal writing course in 17 ment tests to their employees, Kris- blogging and social media for law tine Sims included an image of a pencil students and lawyers. In 2013, Romig Use Humor and Personal bubbling in an answer on a multiple- founded the blog Listen Like a Lawyer, Anecdotes Where Appropriate choice test. www.listenlikealawyer.com, which Some topics lend themselves to humor The proper use of images requires focuses on listening skills for law more than others. Entertainment lawyer not only finding a good image but also students, law professors and Mark Baker weighed in on the recent Led respecting copyright law and giving practicing lawyers. She tweets about Zeppelin trial with this lead: proper attribution. In Sims’ post on pre- legal writing at @JenniferMRomig and about listening and communication employment tests, she showed that she skills at @ListenLikeaLwyr. I’m not a judge. And I don’t play one sourced this image from Creative Com- on TV. And despite what I believed mons and included an attribution. A va- was a strong memorandum in support riety of free-image sources such as www. Endnotes of summary judgment, District Judge unsplash.com are now available to blog- 1. Tim Baran, Why Do You Blog, Legal Klausner denied the defendants’ mo- gers, and stock photos can be purchased Productivity Blog (October 7, 2014), tion and set the case for trial.15 as another option. http://www.legalproductivity.com/ legal-marketing/why-lawyers-blog/. (Side note: Baker provided a hyper- 2. Jennifer Murphy Romig, Legal Blogging link to the memorandum itself in this Update the Site to Make it and the Rhetorical Genre of Public Legal lead, showing the value of relevant Mobile-responsive Writing, 12 Legal Comm. & Rhetoric: links as another aspect of good legal If people are reading at all anymore, it’s JALWD 29 (2015). blogging.) on their phones. Blog content should 3. Emory Law research assistants Xuemeng Even where a blog has a potentially be attractive and easy to access on a Fitch and Ciara Nadelkov researched life-and-death topic such as federal smartphone. Doug Isenberg’s GigaLaw Georgia legal blogs using a variety of criminal law, there is room for levity and blog is a good example. You can tell it’s methods from legal blog directories a conversational tone, as in Paul Kish’s responsive because when you resize to Google searches. They found more post on texting: your browser window or look at it on than 200 legal blogs in Georgia, many your phone, the content reorganizes of which showed up-to-date content. When I first heard about these anti- itself to fit the screen. Responsive blogs The posts selected here are practicing texting laws in Georgia, they made a create the most seamless and enjoy- lawyers’ blogs about substantive law, not lot of sense, especially since my then able experience for readers accessing lawyering blogs such as my blog Listen teenagers were just learning to drive them on all kinds of computers, tablets Like a Lawyer (www.listenlikealawyer. when the law went into effect in 2008. and phones. com) and Georgia State legal writing

70 GEORGIA BAR JOURNAL professor Megan Boyd’s award- some-good-ways-i-can-totally-screw- 15. Mark Baker Law, LLC, Judge Denies winning blog Lady Legal Writer (www. up-my-workers-comp-case Summary Judgment and Sends “Stairway ladylegalwriter.blogspot.com). 10. All Things Pros, http://allthingspros. to Heaven” Suit to Trial, Entertainment 4. GigaLaw was nominated for the ABA’s blogspot.com/. Attorney Blog (May 12, 2016), http:// 9th Annual Blawg 100 in 2015. 11. Todd Stanton, Pregnancy Accommodations: www.entertainmentattorneyblog. 5. Doug Isenberg, “Pokemon” Domain Avoiding the Workplace Baby Blues, com/2016/05/12/judge-denies- Names Are a No-Go, GigaLaw Blog, Intown Employer (January 29, 2016), summary-judgment-sends-stairway- http://www.gigalaw.com/2016/07/20/ http://intownemployer.org/2016/01/ heaven-suit-trial/. pokemon/ (July 20, 2016). pregnancy-accommodation-avoiding- 16. Paul Kish, Can the Police Stop Your Car 6. Scott Key, A Big Lesson from a Short the-workplace-baby-blues/. and Search it for Because the Driver Might Failed Race, Georgia Criminal Appellate 12. Ken Shigley, Venue options broaden for be Texting? Federal Court of Appeals Blog (July 7, 2016), http://www. Georgia State Torts Claims cases, Atlanta Says “No”., Federal Criminal Lawyer georgiacriminalappellatelawblog.com/ Injury Law Blog (July 31, 2016), http:// Blog (Feb. 25, 2016), http://www. writing/a-big-lesson-from-a-short-hot-race/. www.atlantainjurylawblog.com/venue- georgiafederalcriminallawyerblog. 7. Kyle Smith, How My Law Firm Website changes/venue-options-broaden-for- com/2016/02/can-police-stop-car- Got to 12,000 Visitors Per Month, JD georgia-state-tort-claims-cases.html search-driver-might-texting-federal- Blogger (May 20, 2014), http://jdblogger. 13. Christopher Simon, Supreme Court of Georgia court-appeals-says-no.html. com/1208/how-my-law-firm-website- &ODULƛLHV'DPDJHV5HFRYHUDEOHIRUWKH'HDWKRI 17. Kristine Sims, OFCCP takes contractors got-to-12000-visitors-per-month/. a Pet, Atlanta Injury Attorney Blog (July 2, back to school on pre-employment 8. http://www.whgmlaw.com/blog/why- 2016) https://www.atlanta-injury-attorney- testing, Employment and Labor should-i-create-health-care-directives/ blog.com/2016/07/supreme-court-georgia- Insider (August 17, 2016), http:// 9. Michael Moebes, What are some good clarifies-damages-recoverable-death-pet.html. www.employmentandlaborinsider. ways I can totally screw up my workers 14. See Antonin Scalia and Bryan A. Garner, com/affirmative-action/ofccp-takes- comp case?, Moebes Law (July 13, 2015), Making Your Case: The Art of Persuading contractors-back-to-school-on-pre- http://moelaw.com/blog/what-are- Judges, at 128 (2008). employment-testing/. You Try Cases – We Appeal Them State and Federal Criminal Appellate and Post-Conviction Representation Over thirty years combined experience in Successful State and Federal: 5W\QWV[NWZ6M_

2016 DECEMBER 71 GBJ | Professionalism Page

xÉ·ïæĞïªČÌïæ ïægÿïÁ·ăăÌïæÝÌăäɅ The New Normal for ºáÏĢºĄĩóÄIºÆáqºĄĢÏºĈ

Georgia lawyers tackle issues of practicing law, new technology and access to justice at the Convocation on Professionalism. What’s on the horizon as the “new normal” for delivery of legal services? To BY AVARITA L. HANSON answer that question, the Chief Justice’s Commission on Professionalism (CJCP) presented its Convocation on Profes- sionalism on Aug. 30, 2016. Since 1988, statewide convocations on professionalism have become an institutional fixture of the Chief Justice’s Commission on Pro- fessionalism. Each convocation has given greater impetus and sharper focus to professionalism issues.1 The 2016 Convoca- tion on Professionalism continued that tradition of bringing the Bar together to address timely and important issues widely affecting the profession by addressing the theme: The New Normal for Delivery of Legal Services. This topic reaches all facets of the legal community—academ- ics, professors, solo, small and large firm practitioners, private and public attorneys, civil, criminal and administrative practitioners, the judiciary, and all types of diverse attorneys and clients. The convocation was co-chaired by Prof. Timothy W. Floyd from Mercer Law, Prof. Nicole G. Iannarone from Georgia State University College of Law, Emory Law Associate Dean Rita A. Shef- fey and CJCP Executive Director Avarita L. Hanson. The chairs and planners anticipat- ed the American Bar Association’s issuing the report of its Commission on the Future of Delivery of Legal Services in the United States just days before the convocation.2 With 2017 ABA President Linda A. Klein

PHOTO BY DON MORGAN PHOTOGRAPHY scheduled to appear on the convocation (Left to right) Edward Ezekiel, Robb Hern, Dean Stephanie Powell and Shelia Manely. program, it was clear that attendees would

72 GEORGIA BAR JOURNAL hear about the key issues covered in the ABA’s report, as well as Georgia initiatives. The planning committee convened an array of national and local experts for the program that positioned it well for success, and attendees were provided with materials and references for future study, as well as a copy of the recent ABA publication, “The Relevant Lawyer: Reimag- ining the Future of the Legal Profession” The program opened with a welcome by Chief Justice Hugh P. Thompson, who stressed his administration’s priority for expanding access to justice initiatives in Georgia. The first panel asked and answered questions regarding the definitions

and perceptions of “access” and “justice” to PHOTO BY DON MORGAN PHOTOGRAPHY the judicial system for both civil and crimi- (Left to right) Paula J. Frederick, Prof. Nicole G. Iannarone, Prof. Lauren Sudeall Lucas and Hon. nal litigants. Lead by Prof. Iannarone and Catherine M. Salinas. Paula J. Frederick, State Bar of Georgia General Counsel and member of the ABA Commission, information was provided about lawyer regulation and use of non- lawyers to provide access to justice. Fed- eral Magistrate Judge Catherine M. Salinas shared her experiences as a rural Texas legal aid lawyer; as a pro bono lawyer with a large Atlanta law firm; and as a federal magistrate regarding the provision of lawyers and perception of attainable justice. Georgia State Law Prof. Lauren Sudeall Lucas added information about options for providing access to justice. The second session, Embracing and Thriving with Tomorrow’s Innovation and Today’s Technology, moderated by Dean Sheffey, highlighted new models for pro- PHOTO BY DON MORGAN PHOTOGRAPHY (Left to right) Prof. Steven H. Hobbs and Linda A. Klein. viding legal services with a particular focus on rapidly evolving technology to assist mote and maintain the practice of law My advice would be to openly seek out lawyers. Natalie Kelly, director of the State as a profession in the spirit of a public ways to improve your practice. While Bar’s Law Practice Management Program service—a spirit of service which fur- there is no substitute for experience and and past co-chair of the American Bar As- thers the administration of justice. New on-the-job learning, there is technology sociation’s annual TechShow, provided an technologies, including A. I. technology available that enables more efficient de- overview of how lawyers use technology like ROSS, can help ensure better-skilled livery of legal services. Keeping up-to- and emerging platforms to improve lawyer lawyers and new technology has the date with different legal technologies productivity and efficiency. Panelist An- power to help individuals access a law- is arguably an ethical duty that lawyers drew M.J. Arruda, co-founder and CEO of yer who previously could not afford one. have, so be sure to stay up-to-date and Ross Intelligence, defined “artificial intelli- Bar leaders should seek ways to work to- do not be afraid to try new technologies gence” and presented probable applications gether with those in tech to ensure their out to see if they can aid you in your for lawyers that captured great interest of Bar members are aware and have access practice. A legal career should be a jour- the audience. For Bar leaders, he says: to the latest and best technology. ney of constant improvement.

My recommendations for Bar lead- To the extent that older lawyers use Although younger lawyers may come ers would be to ensure they stay open technology and want to become profi- to the profession with a current, and per- minded. Bar leaders are meant to pro- cient with it, Arruda said: haps higher, proficiency with technology,

2016 DECEMBER 73 they may need some impetus to use that United Lex, discussed United Lex’s Legal 2016 Convocation technology to grow a practice and apply Residency Program, a program that en- it to expanding access to justice. For this ables new graduates to provide document Planning Committee group, Arruda advised that the Bar: review for larger firms. Members Attendees were welcomed to the lun- . . . encourage young lawyers to be the cheon by State Bar President Patrick T. Co-Chairs voice of change in their organizations. O’Connor and YLD President-Elect Ni- Prof. Timothy W. Floyd While lawyers/firms have a bad reputa- cole C. Leet, after which they enjoyed a tion for being tech-a-phobic, a lot of the conversation with ABA President Linda Prof. Nicole G. Iannarone issue stems from lawyers not knowing A. Klein and University of Alabama Law Associate Dean Rita what technology is available on the mar- Prof. Steven H. Hobbs. This was a unique A. Sheffey ket and how they can use it. Young law- session during which Prof. Hobbs inter- yers have the power to be great agents viewed his former student from Wash- Avarita L. Hanson for change in their organizations, which ington & Lee Law School. Klein addressed Members will not only help their firms, but also her presidential priorities, provided in- Robert L. Arrington Jr. their own careers and they gain a voice formation about the ABA report on the early on in their careers becoming the future delivery of legal services, and con- Douglas G. Ashworth “experts” in technology at their firms. firmed that her reason for becoming a Jana J. Edmondson-Cooper lawyer was “to make a difference.” Panelist John Mayer, developer and The first afternoon session was mod- Prof. Clark D. Cunningham director of The Center for Computer- erated by Fulton County Probate Judge Jeffrey R. Davis Assisted Legal Instruction, advised that Pinkie T. Toomer and reviewed the bench technology can be expanded to not only and Bar’s efforts to meet the needs of all Gerald M. Edenfield increase profits and educate law students, consumers of legal services. Jana J. Ed- Paula J. Frederick but to provide access to justice. He has mondson-Cooper, Georgia Legal Services worked with numerous civil legal aid or- Program’s bilingual staff attorney, talked Terrica R. Ganzy ganizations across the nation to, among about language access and meeting the William C. Gentry other things, provide self-help options needs of deaf and hard of hearing litigants, such as courthouse kiosks. Finally, Fast- as well as the important strides Georgia has Prof. Steven Hobbs case legal research engine founder and made with the provision of interpreters. Natalie R. Kelly CEO Ed Walters rounded out the discus- Bibb County Superior Court Clerk Erica L. sion on lawyers using legal research tools. Woodford discussed the changes she ini- Guy E. Lescault Mercer Law Prof. Timothy W. Floyd tiated to make the courthouse more user- Robert M. Lewis Jr. moderated the third session, Entrepre- friendly. DeKalb County Public Defender Jennifer C. Mock neurs for Change—Public, Private and the Claudia Saari reviewed her efforts to ad- Academy: Georgia Showcase. Stephanie A. dress the needs of pro se and misdemeanor Michael L. Monahan Everett provided an update of the state’s offenders who are entitled to and need legal Dean Malcolm L. Morris incubator program, Lawyers for Equal representation but often do not have a law- Justice. Michael and Shelia Manely of the yer. Closing out the session was Clyde E. Patrick T. O’Connor Manely Law Firm described how their Jus- Mize Jr., State Bar Diversity Program chair Claudia S. Saari tice Café provides a supervised experience and partner, Morris, Manning & Martin for emerging lawyers to provide low-fee LLP. Mize recounted his own childhood Michelle E. West services to clients while learning to prac- experiences of questioning whether his Erica L. Woodford tice law. Mercer Assistant Dean Stepha- periodically incarcerated father would “get nie Powell, who administers the State Bar justice” in the system, a soliloquy that gave YLD’s Succession Planning Pilot Program, the audience insights into some of today’s *Special thanks to Georgia described how the program partners sea- important issues of access and justice. State University College of Law soned lawyers with younger lawyers for The closing session, Lawyers Living a mutually beneficial relationship that Well, was moderated by Mercer Law Dean Steven J. Kaminshine, who enables the mature attorney to transition Dean Daisy Hurst Floyd. Expanding on hosted a dinner for speakers, out of practice and the newer lawyer to State Bar of Georgia Immediate Past planning committee members advance in practice. Robb Hern, director, President Robert J. “Bob” Kauffman’s and guests on the evening prior Columbus and Legal Residency Program, wellness initiatives, this session provided to the convocation. Global Litigation Services, UnitedLex, an intimate look at lawyers taking care along with Edward Ezekiel, also with of ourselves—from law school to prac-

74 GEORGIA BAR JOURNAL tice to transitioning out of practice—and our professional obligation to be well and stay well in mind, body and spirit. Hanson provided an overview of the many reasons lawyers need to deal with aging in the law, what the CJCP is doing to inform and educate the Bar and its recommendations of disciplinary options and intervention, assistance and support. In support of this important subject, President O’Connor has appointed the Aging Law- yers Task Force to address the issues of aging lawyers. DeKalb State Court Judge Shondeana G. Morris provided a very personal account of dealing with her father’s suicide and implored her colleagues to seek help through the Bar’s Lawyer As- PHOTO BY DON MORGAN PHOTOGRAPHY sistance Program and other wellness ini- (Left to right) Jana J. Edmondson-Cooper, Caludia S. Saari, Hon. Pinkie Toomer, Clyde E. Mize tiatives. Dean Floyd ended this session by Jr. and Erica L. Woodford. informing us about her studies of law stu- In addition to the positive responses 1992—Town Hall Meetings: dents who enter law school healthy and from attendees, the convocation attracted Attorney Concerns About Ethics and altruistic and thereafter develop negative positive press for its coverage of options Professionalism attitudes, habits and unhealthy lifestyles. for access to justice and technological appli- 1993—Ethics: Beyond the Code In conclusion, Hanson noted that law- cations to law practice—new information, 1994–96 Town Hall Meetings: yers like ABA President Linda Klein and Professionalism in Client Relations ideas and strategies.3 Perhaps, the “new nor- entering law students share a power- 1996—Professionalism and Community mal for delivery of legal services” will not ful common driving force: they want to Service only be aspirational—as our high profes- “make a difference.” Professionalism ideals 1997—Professionalism and Public Service sionalism ideals for lawyers often are—but addressed in the convocation—like being 2010—Law Practice 2010 and Beyond: maybe the new normal will become a reality open to learn and use new technology and Challenges and Opportunities for lawyers to stay apace with the market- 2012—The Future of Legal Education: actively committing to providing access place, renew our dedication to our profes- Will It Produce Practice-Ready Lawyers? to justice—can make a difference and will sion, and expand our ability to provide ac- 2014—Aging in the Practice of Law: It’s positively contribute to the profession’s and cess to and justice in our legal system. z More Than A Senior Moment! individual lawyer’s well-being. Arruda’s ad- 2. ABA Commission on the Future of Legal vice to access to justice advocates is helpful Services, Report on the Future of Legal Services in the United States to frame future directions and intentions: Avarita L. Hanson, Atlanta (2016): http://www. attorney, has served as the americanbar.org/content/dam/aba/images/ Technology has the power to aid in executive director of the abanews/2016FLSReport_FNL_WEB.pdf bridging the access to justice divide. A Chief Justice’s Commission 3. Gabrielle Orum Hernández, Tech new wave of tools, some enabled by ar- on Professionalism since 'LYLGH/RRPVLQ$FFHVV7R-XVWLFH(ƛIRUWV, LEGALTECH NEWS (posted August 31, tificial intelligence such as ROSS, now May of 2006. She can be reached at 2016): http://www.legaltechnews.com/ have the power to allow lawyers to do [email protected] or 404- 225-5040. id=1202766427878?keywords=geor more than ever before humanly pos- gia&publication=Legal+Technology; sible. Access to justice issues are rooted Meredith Hobbs, New Lawyers Target in many issues, but a lot of them stem Endnotes Lower Income Clients to Build Practices, from how hard it is to navigate through DAILY REP. (posted August 31, 2016): 1. Convocations and Town Hall Meetings http://www.dailyreportonline.com/ the complex infrastructure of the legal on Professionalism: id=1202766452302/New-Lawyers- system—new technology now has the 1988—The Practice of Law: Is There power to slice through the complex legal Target-Lower-Income-Clients- Anything More to It Than Making Money? to-Build-Practices?kw=New%20 system in seconds, cutting out inefficien- 1989—A New Era of Professionalism Lawyers%20Target%20Lower%20 cies that previously priced people out of 1990—The Social Responsibilities of Income%20Clients%20to%20 affordable legal representation. It is an Lawyers in the Practice of Law: Build%20Practices&cn=20160- exciting time in legal technology and The Lawyer as Citizen 901&pt=Morning%20News&src=EMC- because of this I also think it is an excit- 1991—Professionalism: Passing It Along Email&et=editorial&bu=Daily%20 ing time for access to justice in America. (Mentoring) Report&slreturn=20160801124936.

2016 DECEMBER 75 GBJ | In Memoriam

In Memoriam honors those NIKKI GIOVANNI BONNER R. B. DONALDSON JR. ISAAC N. HABIF members of the State Bar of Atlanta, Ga. Savannah, Ga. Atlanta, Ga. Georgia who have passed Regent University School University of Georgia Woodrow Wilson College away. As we reflect upon the of Law (2002) School of Law (1967) of Law (1948) memory of these members, we Admitted 2004 Admitted 1970 Admitted 1949 are mindful of the Died September 2016 Died November 2016 Died July 2016 contributions they made to the ALAN LEE CASSEL B. JOSEPH DROMSKY JR. EDWARD J. HARRELL Bar. Each generation of lawyers Saint Peters, Mo. Augusta, Ga. Macon, Ga. is indebted to the one that Georgia State University University of Nebraska Mercer University Walter precedes it. Each of us is the College of Law (1991) College of Law (1978) F. George School of Law recipient of the benefits of the Admitted 1993 Admitted 1979 (1969) learning, dedication, zeal and Died April 2016 Died October 2016 Admitted 1970 standard of professional Died September 2016 responsibility that those who NICKOLAS P. CHILIVIS JOEY ROBERT FEAGINS have gone before us have Atlanta, Ga. Knoxville, Tenn. EUGENE HIGHSMITH contributed to the practice of University of Georgia University of Tennessee Brunswick, Ga. law. We are saddened that they School of Law (1953) College of Law (1999) Mercer University Walter are no longer in our midst, but Admitted 1952 Admitted 2013 F. George School of Law Died October 2016 (1960) privileged to have known them Died September 2016 Admitted 1960 and to have shared their CHRISTOPHER ROBERT L. FINE Died August 2016 friendship over the years. JOHN CHURCHILL Atlanta, Ga. Washington, DC Emory University School FRANK T. HOLT University of Georgia of Law (1961) Thomasville, Ga. School of Law (2010) Admitted 1960 Columbia Law School WILLIAM THOMAS BEARD Admitted 2010 Died October 2016 (1950) Marietta, Ga. Died March 2016 Admitted 1959 Woodrow Wilson College of GLEN A. GARRETT Died May 2016 Law (1949) CHARLES CLEMENTS JR. Lawrenceville, Ga. Admitted 1950 LaFayette, Ga. Atlanta’s John Marshall MITCHEL P. HOUSE JR. Died September 2016 Stetson University Law School (1971) Macon, Ga. College of Law (1951) Admitted 1973 Mercer University Walter K. REID BERGLUND Admitted 1951 Died September 2016 F. George School of Law Cashiers, N.C. Died July 2016 (1959) University of Georgia School WINFIELD ALLEN Admitted 1958 of Law (1972) ROBERT M. COKER GARTNER Died September 2016 Admitted 1972 Atlanta, Ga. Jacksonville, Fla. Died April 2016 Emory University School University of Virginia RALPH O. HOWARD of Law (1973) School of Law (1960) Roswell, Ga. CAROLYN C. BLACKWOOD Admitted 1973 Admitted 1965 University of Alabama Iowa Park, Texas Died August 2016 Died October 2016 School of Law (1961) Woodrow Wilson College Admitted 1987 of Law (1967) TURNER S. DAVIS ANN NELSON GRAINGER Died June 2016 Admitted 1975 Griffin, Ga. Pompano Beach, Fla. Died April 2016 Atlanta’s John Marshall Atlanta Law School (1952) JOSEPHINE L. HUNNICUTT Law School (1968) Admitted 1952 Fayetteville, Ga. A. W. FRANKLIN Admitted 1973 Died January 2016 Woodrow Wilson College BLOODWORTH Died April 2016 of Law (1973) Atlanta, Ga. HAROLD STRONG Admitted 1974 University of Georgia School MICHAEL A. DEEP GULLIVER Died April 2016 of Law (1963) Macon, Ga. Atlanta, Ga. Admitted 1962 Mercer University Walter Georgia State University MAX D. KALEY Died October 2016 F. George School of Law College of Law (1987) Marietta, Ga. (1949) Admitted 1987 Emory University School ANNA DURHAM BOLING Admitted 1949 Died March 2016 of Law (1952) Athens, Ga. Died May 2016 Admitted 1952 University of Georgia School Died September 2016 of Law (1984) Admitted 1984 Died June 2016

76 GEORGIA BAR JOURNAL STEVE E. KALEY WILLIAM JONATHAN BRUCE M. RUBIN GEORGE EDWARD TANNER Watkinsville, Ga. MURRAY Dawsonville, Ga. Peachtree City, Ga. Southern Methodist Americus, Ga. Atlanta’s John Marshall Georgia State University University Dedman University of Georgia Law School (1976) College of Law (1992) School of Law (1954) School of Law (1971) Admitted 1976 Admitted 1992 Admitted 1965 Admitted 1972 Died February 2016 Died June 2016 Died May 2016 Died October 2016 RICHARD B. RUSSELL III T. E. VAN HOUTEN JR. JACK H. KING WILLIAM J. NEVILLE Winder, Ga. Duluth, Ga. Atlanta, Ga. Statesboro, Ga. University of Georgia Atlanta’s John Marshall Atlanta’s John Marshall Mercer University Walter School of Law (1953) Law School (1952) Law School (1951) F. George School of Law Admitted 1953 Admitted 1952 Admitted 1951 (1949) Died October 2016 Died October 2016 Died March 2016 Admitted 1947 Died September 2016 ROBERT W. SHEPHERD RALPH ROUSH VANCE DIANE GILLIAM LEROY Crawfordville, Fla. Marietta, Ga. Thomasville, Ga. JAMES WALBERT Atlanta Law School (1972) Western Michigan University of Louisville OXENDINE Admitted 1972 University Thomas M. Louis D. Brandeis School Madison, Ga. Died June 2016 Cooley Law School (1993) of Law (1980) Atlanta’s John Marshall Admitted 1993 Admitted 1991 Law School (1969) WILLIAM N. SLAUGHTER Died June 2016 Died October 2016 Admitted 1973 Athens, Ga. Died August 2016 University of Georgia LOUIS ALLISON WADE MARION ROSCOE LOWERY School of Law (1963) Cordele, Ga. Avondale Estates, Ga. HENRY GARY PANNELL Admitted 1963 University of Georgia Mercer University Walter Atlanta, Ga. Died June 2016 School of Law (1959) F. George School of Law University of Virginia Admitted 1958 (1948) School of Law (1965) WILLIAM TRUETT SMITH Died August 2016 Admitted 1949 Admitted 2003 Elberton, Ga. Died April 2016 Died September 2016 University of Georgia JAMES MICHAEL WALTERS School of Law (1950) Atlanta, Ga. SYLVAN N. MACK BEN L. PATTERSON JR. Admitted 1949 University of Nebraska Highland Park, Ill. Rutledge, Ga. Died October 2016 College of Law (1970) Depaul University College University of Georgia Admitted 1971 of Law (1949) School of Law (1957) JULIAN C. SPENCE Died September 2016 Admitted 1966 Admitted 1956 Hoschton, Ga. Died August 2016 Died August 2016 Woodrow Wilson College JAMES EDWARD WEBB of Law (1980) Gainesville, Ga. ROBERT P. MALLIS RICHARD L. POWELL Admitted 1983 Woodrow Wilson College Decatur, Ga. Marietta, Ga. Died October 2016 of Law (1971) University of Georgia Atlanta’s John Marshall Admitted 1973 School of Law (1968) Law School (1963) DOUGLAS E. STRACK Died May 2016 Admitted 1967 Admitted 1966 Franklin, N.C. Died October 2016 Died October 2016 American University MICHAEL A. WHITE Washington College of Cumming, Ga. FRED P. MEYER BORIS M. RAMSEY Law (1979) Atlanta’s John Marshall Lawrenceville, Ga. Atlanta, Ga. Admitted 1980 Law School (1968) Woodrow Wilson College Georgia State University Died October 2016 Admitted 1971 of Law (1973) College of Law (2002) Died August 2016 Admitted 1973 Admitted 2003 HENRY R. STRINGFELLOW Died September 2016 Died August 2016 Lawrenceville, Ga. Woodrow Wilson College ARTHUR A. MORRISON JOHN W. REYNOLDS of Law (1970) Fairburn, Ga. Decatur, Ga. Admitted 1971 Emory University School Woodrow Wilson College Died March 2016 of Law (1960) of Law (1985) Admitted 1969 Admitted 1985 Died February 2016 Died March 2016

2016 DECEMBER 77 OBITUARIES

Nickolas P. “Nick” Chilivis died in October 2016. Judge Robert P. Mallis of Gainesville, beloved He is survived by his wife, Patti, three children and husband, father, grandfather, brother and uncle six grandchildren. passed away suddenly in October 2016 after a four- Chilivis was born in Athens, Ga., on Jan. 12, year battle with cancer. 1931. Following graduation from Athens High Mallis was born May 17, 1939, in Kingsport, School, he enrolled at the University of Georgia Tenn., son of Andrew Spears Mallis and Genevieve (UGA) on a scholarship. After his sophomore year at UGA, he Moses Mallis. He grew up in Savannah and attended Savannah enrolled in the UGA School of Law, graduating in 1953. As was High School. Mallis was a graduate of Oglethorpe University and permitted at the time, Chilivis was admitted to the Bar before he the University of Georgia School of Law, where he received his graduated and before he was even 21 years old. Juris Doctor degree. Chilivis began to practice law in 1952 in Athens. The success Mallis began his career in private law and practiced in DeKalb of his practice resulted in his being invited to become a partner County for 20 years. He was a former president of the DeKalb Bar in a venerable Athens firm, soon to be named Erwin, Epting, Association and served as a member of its Board of Trustees. In Gibson & Chilivis. 1988 he received the DeKalb Bar Association leadership award. On Jan. 1, 1975, Gov. George Busbee asked Chilivis to serve Mallis was appointed to the Superior Court in 1988 by Gov. Joe as Georgia Revenue Commissioner. He accepted the offer and Frank Harris. He served as chief judge of the DeKalb Superior served for three years. Following his service with the state, Chi- Court as well as administrative judge for the 4th Judicial Admin- livis joined the Atlanta firm of Powell Goldstein Frazier & Mur- istrative District. He was a past member of the Judicial Council phy. In 1985, he created his own law firm, originally known as of Georgia, the Executive Committee of the Council of Superior Chilivis & Grindler, now known as Chilivis, Cochran, Larkins & Court Judges and a member of the Board of Governors of the Bever LLP. State Bar of Georgia. He was an adjunct professor at Oglethorpe Chilivis tried innumerable cases during his career, both civil and University, teaching constitutional law, criminal law and busi- criminal, in Georgia and other jurisdictions. He represented several ness law. At retirement in 2005, Mallis was appointed by Gov. movie, stage and television actors and is believed to have repre- Sonny Purdue to be a senior superior court judge and he served sented more governors, judges and lawyers than any other lawyer throughout Georgia. He was a civil mediator with the Georgia in Georgia. Perhaps his most famous trial was the successful defense Office of Dispute Resolutions. of Bert Lance, a cabinet-level official in the Carter administration. When living in Dunwoody, Mallis was a member of the Holy Chilivis was also known for his seemingly inexhaustible supply Innocents Episcopal Church and served as head usher and as a of humorous stories, which mostly involved himself. member of the vestry. He twice served on the Board of Trustees The honors awarded Chilivis are too many to list here, as are of Holy Innocents Episcopal School as vice-chairman and later the occasions of his service to the state of Georgia, to UGA Law as chairman when the decision was made to expand to include School (where he originated a moot trial program) and to his be- high school. He served on the Board of Marr Addiction Treat- loved church. His courtesy and kindness to others was unfailing. ment Center and many other nonprofit boards. Mallis was a In the practice of law, Chilivis had a calm and rapid mind. His member of the Lawyers Club of Atlanta and the Old War Horse judgment—the ability to see through the fog of the law and to un- Lawyers Club. Mallis leaves behind his wife of 46 years, Gin- derstand human nature—was impeccable. Nobody ever regretted ger McCuen Mallis; three sons, Hampton, Laurie and their sons following the advice of Nick Chilivis. z Robert and Alston of Atlanta; David, Leigh and their daughters Eve and Sloan of Atlanta; and Spears, Janna and their children Lillie and Sam of Gainesville; sister, Evelyn Mallis Griffin and her daughters Lisa Fiondella and Ellen Sassa; brother, Alex Mal- lis, wife Linda and their sons, Andrew and Nicholas Mallis of Cumming; many nieces, nephews and cousins. z

78 GEORGIA BAR JOURNAL GBJ | CLE Calendar

DECEMBER

6 ICLE: Eminent Domain 16 ICLE: Carlson on Evidence Webinar | 1 CLE Via Web Streaming and Atlanta, Savannah, Tifton and Athens, Ga. | 6 CLE 6 ICLE: Trial and Error Selected Video Replays 16 ICLE: Child Welfare Attorney Training Via Web Streaming and Atlanta, Atlanta, Ga. | 7 CLE Savannah and Tifton, Ga. | 6 CLE 16 ICLE: Update on Georgia Law 6 ICLE: Handling Big Cases Augusta, Ga. | 6 CLE Selected Video Replay Atlanta, Ga. | 6 CLE JANUARY 7 ICLE: Trial Advocacy Selected Video Replays TBD ICLE: Succeeding in Family Law Hearings Via Web Streaming and Atlanta, and Trials Savannah and Tifton, Ga. | 6 CLE Via Web Streaming and Atlanta, Savannah, Tifton and Athens, Ga. | 6 CLE 7 ICLE: Malpractice Avoidance, Ethics and Professionalism TBD ICLE: Importance of Diversity and Selected Video Replays Inclusion in the Profession Atlanta, Ga. | 3 CLE Webinar | 1 CLE 8 ICLE: Recent Developments in Georgia Law 5 ICLE: Technology in Practice Atlanta, Ga. | 6 CLE Midyear Meeting Atlanta, Ga. | 3 CLE 8 ICLE: Health Care Fraud Institute Via Web Streaming and Atlanta, 6 ICLE: Moving Georgia Forward through Savannah, Tifton and Athens, Ga. | 6 CLE Innovative Pro Bono Midyear Meeting 9 ICLE: ADR Institute and Neutrals Atlanta, Ga. | 3 CLE Conference Via Web Streaming and Atlanta and 13 ICLE: Jury Trial Tifton, Ga. | 6 CLE Statewide Satellite Broadcast | 6 CLE 13 ICLE: Cessation of Social Security 18 ICLE: Speaking to Win Benefits Atlanta, Ga. | 6 CLE Webinar | 1 CLE 19 ICLE: Best Verdicts 2016 14 ICLE: 8th Annual Georgia and the 2nd Atlanta, Ga. | 6 CLE Amendment 19 ICLE: ADR in the Workers’ Compensation Via Web Streaming and Atlanta, Ga. | 4 CLE Arena 15 ICLE: Keep it Short and Simple (KISS) Atlanta, Ga. | 6 CLE Via Web Streaming and Atlanta, 19 ICLE: Jury Trial Savannah, Tifton and Athens, Ga. | 7 CLE Statewide Satellite Rebroadcast | 6 CLE 15 ICLE: Tax Traps for Real Estate Practitioners 20 ICLE: Nuts & Bolts of E-Discovery Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 15-16 ICLE: Corporate Counsel Institute Atlanta, Ga. | 12 CLE

2016 DECEMBER 79 20 ICLE: Defense of a Personal Injury Case 3 ICLE: Advanced Debt Collection Statewide Satellite Broadcast | 6 CLE Atlanta, Ga. | 6 CLE 24 ICLE: Professionalism 3 ICLE: Banking Law Webinar | 1 CLE Atlanta, Ga. | 6 CLE 25 ICLE: Restrictive Covenants and Trade 3 ICLE: Residential Real Estate Secrets in Georgia Statewide Satellite Broadcast | 6 CLE Atlanta, Ga. | 6 CLE 3 ICLE: Georgia Insurance Claims Law 26 ICLE: Child Protection Seminar Savannah, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 5–8 ICLE: Update on Georgia Law 26 ICLE: Changes in War and Law Park City, Utah | 12 CLE Atlanta, Ga. | 6 CLE 8 ICLE: Special Needs Trusts 26 ICLE: Defense of a Personal Injury Case Atlanta, Ga. | 6 CLE Statewide Satellite Rebroadcast | 6 CLE 8 ICLE: Administrative Law 26-28 ICLE: 27th Annual Tropical Seminar for Attorneys Cartagena, Colombia | 12 CLE Atlanta, Ga. | 6 CLE 27 ICLE: Internet Legal Research 9 ICLE: Narcissism in the Law Via Web Streaming and Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 27 ICLE: Landlord and Tenant Law 9 ICLE: Residential Real Estate Atlanta, Ga. | 6 CLE Statewide Satellite Rebroadcast | 6 CLE 10 ICLE: John Mayoue Family and Trial Law Convocation on Professionalism FEBRUARY Atlanta, Ga. | 7.5 CLE TBD ICLE: Ancient Foundations 10 ICLE: Solo Small Firm Boot Camp and Modern Equivalents Atlanta, Ga. | 6 CLE Atlanta, Ga. | 3 CLE 10-11 ICLE: 62nd Annual Estate Planning TBD ICLE: White Collar Crime Institute Atlanta, Ga. | 7 CLE Athens, Ga. | 10 CLE 1 ICLE: Abusive Litigation 14 ICLE: Plea Negotiations in Criminal Cases Atlanta, Ga. | 6 CLE Webinar | 1 CLE 1 ICLE: Arbitration Clause Drafting 15 ICLE: Advanced Securities Law Atlanta, Ga. | 3 CLE Atlanta, Ga. | 6 CLE 2 ICLE: Georgia Foundations 15 ICLE: Attorney First Aid Kit and Objections Update Atlanta, Ga. | 6 CLE Via Web Streaming and Atlanta, 16 ICLE: Nuts & Bolts of Appellate Practice Savannah and Tifton, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 2 ICLE: Secured Lending 16-17 ICLE: Social Security Institute Atlanta, Ga. | 6 CLE Atlanta, Ga. | 10.5 CLE

80 GEORGIA BAR JOURNAL Note: To verify a course that you do not see listed, please call the CLE Department at 404- 527-8710. Also, ICLE seminars only list total CLE hours. For a breakdown, call 800-422-0893. For ICLE seminar locations, please visit www.iclega.org.

17 ICLE: Advanced Negotiation Strategies 2 ICLE: Plaintiff’s Personal Injury Atlanta, Ga. | 6 CLE Statewide Satellite Rebroadcast | 6 CLE 17 ICLE: Elder Law 3 ICLE: Truck Wreck Cases Statewide Satellite Broadcast | 6 CLE Atlanta, Savannah and Tifton, Ga. | 6 CLE 22 ICLE: 25th Annual Product Liability 3 ICLE: Professionalism and Ethics Update Seminar Statewide Satellite Broadcast | 3 CLE Atlanta, Ga. | 6 CLE 7 ICLE: Group Mentoring 23 ICLE: Negotiated Corporate Acquisitions Atlanta, Ga. | No CLE Atlanta, Ga. | 6 CLE 8 ICLE: Post Judgment Collection 23 ICLE: Eminent Domain Law Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 9 ICLE: 13th Annual Nonprofit Law Seminar 23 ICLE: Elder Law Atlanta, Ga. | 6 CLE Statewide Satellite Rebroadcast | 6 CLE 9 ICLE: Nuts & Bolts of Local Government Law 24 ICLE: Georgia Auto Insurance Claims Law Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 9 ICLE: Professionalism and Ethics Update 24 ICLE: 26th Annual Georgia Bar Media Statewide Satellite Rebroadcast | 3 CLE and Judiciary Conference 10 ICLE: Milich on Evidence Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 24 ICLE: Plaintiff’s Personal Injury 10 ICLE: Fundamentals of Health Care Law Statewide Satellite Broadcast | 6 CLE Atlanta, Ga. | 7 CLE 24 ICLE: 24th Annual Criminal Practice Seminar 10 ICLE: Trial and Error Kennesaw, Ga. | 6 CLE Statewide Satellite Broadcast | 6 CLE 27 ICLE: Beginning Lawyer Program 15 ICLE: Georgia’s False Claim Act/ Atlanta, Savannah and Tifton, Ga. | 6 CLE Whistleblower

Atlanta, Ga. | 7 CLE MARCH 15 ICLE: Proving Damages Atlanta, Ga. | 6 CLE TBD ICLE: 23rd Annual ADR Institute 16 ICLE: 6th Annual Same Sex Legal Issues and 2016 Neutrals’ Conference Atlanta, Ga. | 6 CLE Macon, Ga. | 6 CLE 16 ICLE: Medicine for Lawyers TBD ICLE: Walton County Bar Association Atlanta, Ga. | 6 CLE Seminar Monroe, Ga. | 6 CLE 16 ICLE: Trial and Error Statewide Satellite Rebroadcast | 6 CLE 1 ICLE: Advanced Topics in Franchising and Distribution 16-18 ICLE: 15th Annual General Practice Atlanta, Ga. | 3 CLE and Trial Institute St. Simons Island, Ga. | 12 CLE 2 ICLE: Family Immigration Law Atlanta, Ga. | 6 CLE

2016 DECEMBER 81 17 ICLE: Workers’ Compensation 24 ICLE: Mediation Advocacy for the General Practitioner Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 24 ICLE: Basic Fiduciary Practice 17 ICLE: Winning Settlement Strategies Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 24 ICLE: Recent Developments in Georgia Law 17 ICLE: Jury Trial Statewide Satellite Rebroadcast | 6 CLE Statewide Satellite Rebroadcast | 6 CLE 28 ICLE: Trials of the Century 17 ICLE: Agriculture Law Atlanta, Ga. | 6 CLE Macon, Ga. | 6 CLE 28 ICLE: Depositions 21 ICLE: Beginning Lawyers Program Webinar | 1 CLE Statewide Satellite Rebroadcast | 6 CLE 29 ICLE: 8th Annual Employee Benefits 22 ICLE: Georgia Law of Torts Law Section Seminar Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 22 ICLE: 24th Annual Family and Trial Law 30 ICLE: Not Your Typical CLE Convocation on Professionalism Atlanta, Ga. | 6 CLE Atlanta, Ga. | 3 CLE 31 ICLE: Advanced Cross-Examination 23 ICLE: Professional and Ethical Dilemmas Atlanta, Ga. | 6 CLE in Litigation Atlanta, Ga. | 6 CLE

GBJ | Notice

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Pursuant to 28 U.S.C. § 2071(b), notice and opportunity for may also be obtained without charge from the Office of the comment is hereby given of proposed amendments to the Rules Clerk, U.S. Court of Appeals for the Eleventh Circuit, 56 For- of the U.S. Court of Appeals for the Eleventh Circuit. The public syth St. NW, Atlanta, Georgia 30303 [phone: 404-335-6100]. comment period is from December 5, 2016 to January 9, 2017. Comments on the proposed amendments may be submitted A copy of the proposed amendments may be obtained on in writing to the Clerk at the above address, or electronically and after December 5, 2016, from the court’s website at http:// at http://www.ca11.uscourts.gov/rules/proposed-revisions, www.ca11.uscourts.gov/rules/proposed-revisions. A copy by January 9, 2017.

82 GEORGIA BAR JOURNAL GBJ | ÚĀĀÉĲµ®jµĀìďü¨µĀ

PROPERTY/RENTALS/OFFICE SPACE Sandy Springs Law Building for Sale. Beautifully furnished 6579 square foot law building for sale including: two beautiful and spacious conference rooms; law library; two private en- JUDGING PANEL VOLUNTEERS trances and reception areas; abundant free parking; two file/ NEEDED IN 2017 work rooms; storage room; break room adjacent to kitchen; Three hours of your time is all we need! security system. This brick law building overlooks a pond and is in a great location directly across the street from the North Regional Level of Competition Springs MARTA Station; easy access to I-285 and GA 400; and No high school mock trial prerequisite for close to Perimeter Mall, hotels, restaurants, hospitals, etc. Call judging panel service at the regional level. 770-396-3200 x24 for more information. Current attorney coaches are not eligible. Albany (1/28), Athens (1/28), Atlanta (1/28, 29 & 31), Cartersville (1/28), Cumming Prime Buckhead Peachtree Offices for Rent—Brand new, award-winning, high tech Class A offices on glass in (1/27 & 28), Dalton (1/28), Decatur (1/28), new Peachtree Tower. Client wow factor. Peachtree views. Newnan (1/28), Jonesboro (1/27 & 28), Concierge service, valet parking, three restaurants, across Lawrenceville (1/27 & 28), Macon (1/28), from Phipps Plaza. Support staff. Share with other former Marietta (1/28), McDonough (1/28), big firm lawyers. Referral work with opportunities. Contact: Savannah (1/28) and Valdosta (1/28) [email protected]. District Level of Competition At least one round of HSMT judging panel Office Space—Vinings. Three attorney offices available at experience or one year of HSMT coaching Building C, 2900 Paces Ferry Road, Atlanta (Vinings) Georgia experience required to serve at the district level. 30339. Includes waiting area, some secretarial space and con- Feb. 18 in the following cities: ference room. Building is WiFi. Offices are adjoining. Offices Albany, Cumming, Dalton, Decatur, may be leased individually, as a pair or three. Call Kirk Keene Marietta, McDonough and Savannah; 404-272-6809. Feb. 16 and 19 in Atlanta State Finals Competition Dunwoody Law Office—Office sharing arrangement with At least two rounds of HSMT judging panel Dunwoody attorney in an EXCELLENT location. One mile experience or one year of HSMT coaching from Perimeter Mall. Rent is only $695/month. Contact Brian experience required to serve at the state level. Wertheim at 404-373-8033 or [email protected]. Lawrenceville, March 4 VOLUNTEER FORMS ARE AVAILABLE FICTION WRITING ONLINE IN THE “VOLUNTEERS” SECTION OF OUR WEBSITE COMPETITION www.georgiamocktrial.org Contact the Mock Trial Office DEADLINE: JANUARY 13, 2017 with questions: 404-527-8779/800-334-6865 ext. 779 The Editorial Board of the Georgia Bar Journal [email protected] is pleased to announce that it will sponsor its Facebook @ GeorgiaMockTrial Twitter @ GA_MockTrial -mm-Ѵ b1ঞom)ubঞm]om|;v|ĺ";;|_;0-1h 1o;u=oulou;bm=oul-ঞomķou1om|-1| "-u-_ĺooѴ;ķ7bu;1|ouo=1ollmb1-ঞomvķ -|ƓƏƓŊƔƑƕŊѶƕƖƐĸv-u-_1Š]-0-uĺou]ĺ

2016 DECEMBER 83 GBJ | ÚĀĀÉĲµ®jµĀìďü¨µĀ

PRACTICE ASSISTANCE Trust and Estate Administration, Consulting, Legacy Planning—Trust Officer with 16 years of personal trustee experience and an additional 21 years in the area of financial services can provide the following services: individual trustee, power of attorney, executor/administrator, health care agent and escrow services. Contact Randy Bell, randyb5888@ gmail.com or 404-323-3595.

POSITION WANTED Law firm of military veterans is seeking veterans in the Jacksonville, Fla., area for their growing law firm. PI Jr associate attorneys (0-5 years’ experience and recent grads). Salary commensurate with experience. Please send cover letter and resume with references to [email protected]

Personal Injury Attorney—Successful, growing, in-town Plaintiff’s Personal Injury firm seeking associate. Excellent financial opportunity for right person. Good benefits. Success- ful candidate will have good speaking, writing and negotiation skills. Litigation experience a plus. All replies confidential. Please send resume to: [email protected]. Are You Attracting the Right Audience for °Ğ·ÿČÌă·ÿɩă Your Services? Index Advertisers are discovering a fact well 51 Gilsbar, LLC known to Georgia lawyers. If you have 31 Investors Title Insurance Company something to communicate to the 71 Law Firm of Shein & Brandenburg lawyers in the state, be sure that it is 13 Member Benefits, Inc. published in the Georgia Bar Journal. 57 Mitchell Kaye Valuation 29 Norwitch Document Laboratory 71 Quintairos, Prieto, Wood & Boyer, P.A. Contact Jennifer Mason at 404-527-8761 23 The University of Alabama School of Law or [email protected]. 53 Warren R. Hinds, P.C. ILLUSTRATION BY ISTOCK.COM/ALEXANDRAGL1 ILLUSTRATION

84 GEORGIA BAR JOURNAL ®

Access next-generation legal research as a free benefit of your membership with the State Bar of Georgia.

LoginLogin at gabar.orggabar.org Your Member Benefit Includes: U.S. Supreme Court All Federal Circuit Courts U.S. District Courts Appellate Decisions for all 50 States Nationwide Statutes

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For more information about Fastcase and smarter legal research, visit us at fastcase.com. THE STATE BAR OF GEORGIA ANNOUNCES ITS ANNUAL FICTION WRITING COMPETITION

DEADLINE: JANUARY 13, 2017

The Editorial Board of the Georgia Bar Journal is pleased to announce that it will sponsor its Annual Fiction Writing Contest in accordance with the rules set forth below. The purposes of this competition are to enhance interest in the Journal, to encourage excellence in writing by members of the Bar and to provide an innovative vehicle for the illustration of the life and work of lawyers. For further information, contact Sarah I. Coole, Director of Communications, State Bar of Georgia, 404-527-8791 or [email protected].

1. The competition is open to any member in 4. Articles should not be more than 7,500 words in good standing of the State Bar of Georgia, length and should be submitted electronically. except current members of the Editorial 5. Articles will be judged without knowledge of Board. Authors may collaborate, but only the author’s identity. The author’s name and one submission from each member will be State Bar ID number should be placed on a considered. separate cover sheet with the name of the story. 2. Subject to the following criteria, the article may 6. All submissions must be received at State be on any fictional topic and may be in any form Bar headquarters in proper form prior to the (humorous, anecdotal, mystery, science fiction, close of business on a date specified by the etc.). Among the criteria the Board will consider Board. Submissions received after that date in judging the articles submitted are: quality of and time will not be considered. Please direct writing; creativity; degree of interest to lawyers all submissions to: Sarah I. Coole, Director of and relevance to their life and work; extent to Communications, by email to [email protected]. which the article comports with the established If you do not receive confirmation that your reputation of the Journal; and adherence to entry has been received, please call 404-527-8791. specified limitations on length and other 7. Depending on the number of submissions, the competition requirements. The Board will not Board may elect to solicit outside assistance consider any article that, in the sole judgment in reviewing the articles. The final decision, of the Board, contains matter that is libelous or however, will be made by majority vote of the that violates accepted community standards of Board. Contestants will be advised of the results good taste and decency. of the competition by letter. Honorable mentions 3. All articles submitted to the competition may be announced. become the property of the State Bar of 8. The winning article, if any, will be published. Georgia and, by submitting the article, the The Board reserves the right to edit articles author warrants that all persons and events and to select no winner and to publish no contained in the article are fictitious, that any article from among those submitted if the similarity to actual persons or events is purely submissions are deemed by the Board not to be coincidental and that the article has not been of notable quality. previously published.