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GetGet itit inin WritingWriting EXPLORING PRODUCE LAW • CHILDFEBRUARY SUPPORT 1999 CENTER • MIDYEAR MEETING1 KeyCite - pickup 12/98 inside front 2 GEORGIA BAR JOURNAL Editorial Board THEODORE H. DAVIS JR., Editor-in-Chief JENNIFER M. DAVIS, Managing Editor LYN ARMSTRONG D. SCOTT MURRAY GARY C. CHRISTY MARISA ANNE PAGNATTARO O. WAYNE ELLERBEE EARNEST REDWINE February 1999 • Vol. 4 No. 4 GEORGE W. FRYHOFER III AMELIA TOY RUDOLPH MICHAEL JABLONSKI WILLIAM W. SAPP ANNE R. JACOBS JOHN SPANGLER III MICHELLE W. JOHNSON PAMELA WHITE-COLBERT On the Cover: U.S. District Judge William T. Moore Jr. and Timothy M. O’Brien SARAJANE N. LOVE J. MICHAEL WIGGINS address the ethical issues surrounding a criminal defense attorney’s agreement with his or her client. (Photo by Richard T. Bryant) Officers of the State Bar of Georgia (ex officio members) QUICK DIAL WILLIAM E. CANNON JR., ALBANY President Attorney Discipline ............... (800) 334-6865 ext. 720 (404) 527-8720 Consumer Assistance Program ...................................... (404) 527-8759 RUDOLPH N. PATTERSON, MACON Conference Room Reservations .................................... (404) 527-8712 President-elect Fee Arbitration ............................................................... (404) 527-8750 JAMES B. FRANKLIN, STATESBORO Continuing Legal Education Transcripts ....................... (404) 527-8710 Secretary Diversity Program ......................................................... (404) 527-8754 GEORGE E. MUNDY, CEDARTOWN ETHICS Hotline .................................. (800) 682-9806 (404) 527-8741 Treasurer Georgia Bar Foundation/IOLTA .................................... (404) 527-8766 LINDA A. KLEIN, ATLANTA Georgia Bar Journal ..................................................... (404) 527-8736 Immediate Past President Lawyer Assistance Program ................ (770) 612-1122 (800) 327-9631 Law Practice Management ............................................ (404) 527-8773 ROSS J. ADAMS, ATLANTA Membership Records ..................................................... (404) 527-8777 YLD President Meetings Information .................................................... (404) 527-8790 JOSEPH W. DENT, ALBANY Pro Bono Project ........................................................... (404) 527-8763 YLD President-elect Professionalism ............................................................. (404) 527-8793 JAMES D. HYDER JR., AUGUSTA Sections ......................................................................... (404) 527-8774 YLD Immediate Past President Unauthorized Practice of Law ....................................... (404) 527-8743 Young Lawyers Division ............................................... (404) 527-8778 Editors Emeritus • (ex officio members) HEADQUARTERS L. BRETT LOCKWOOD, 1995-1997 800 The Hurt Building • 50 Hurt Plaza • Atlanta, GA 30303-2934 STEPHANIE B. MANIS, 1993-1995 (800) 334-6865 (404) 527-8700 FAX (404) 527-8717 WILLIAM L. BOST JR., 1991-1993 Visit us on the Internet at www.gabar.org CHARLES R. ADAMS III, 1989-1991 L. DALE OWENS, 1987-1989 South Georgia Office DONNA G. B ARWICK, 1986-1987 244 E. Second St. (31794) • P.O. Box 1390 • Tifton, GA 31793-1390 JAMES C. GAULDEN JR., 1985-1986 (800) 330-0446 (912) 387-0446 JERRY B. BLACKSTOCK, 1984-1985 FAX (912) 382-7435 STEVEN M. COLLINS, 1982-1984 Manuscript Submissions WALTER M. GRANT, 1979-1982 The Georgia Bar Journal welcomes the submission of unsolicited legal manuscripts on topics of STEPHEN E. RAVILLE, 1977-1979 interest to the State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should be 10 to 12 pages, double-spaced (including endnotes) and on letter-size paper. Citations should conform to A ROBERT H. WALLING, 1975-1977 UNIFORM SYSTEM OF CITATION (16th ed. 1996). Please address unsolicited manuscripts to: Theodore H. Davis Jr., Editor-in-Chief, Kilpatrick Stockton LLP, 1100 Peachtree St., Suite 2800, Atlanta, GA 30309-4530. Communications Committee Authors will be notified of the Editorial Board’s decision following its next meeting. The Georgia Bar Journal welcomes the submission of news about local and circuit bar association DENNIS C. O’BRIEN, MARIETTA happenings, Bar members, law firms and topics of interest to attorneys in Georgia. Please send news releases Chairperson and other information to: Jennifer M. Davis, Managing Editor, 800 The Hurt Building, 50 Hurt Plaza, At- lanta, Georgia 30303; phone: (404) 527-8736. LAMAR W. SIZEMORE JR., MACON Layout and Design by Lenz Design & Communications, Inc. 119 E. Court Sq. #201, Decatur, Georgia Vice-Chairperson Publisher’s Statement Staff The Georgia Bar Journal (SSN-0016-8416) is published six times per year (bi-monthly) by the State Bar of Georgia, 800 The Hurt Building, 50 Hurt Plaza, Atlanta, Georgia 30303-2934. © State Bar of Georgia JENNIFER M. DAVIS 1996. One copy of each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to Director of Communications non-members. Single copies: $6. Periodicals postage paid in Atlanta, Georgia and additional offices. Opin- ions and conclusions expressed in articles herein are those of the authors and not necessarily those of the AMY E. WILLIAMS Editorial Board, Communications Committee, Officers or Board of Governors of the State Bar of Georgia. Communications Coordinator Advertising rate card will be furnished upon request. Publishing of an advertisement does not imply endorse- ment of any product or service offered. POSTMASTER: Send address changes to same address. ERIN E. MILES Internet Coordinator Disabilities DENISE PUCKETT Administrative Assistant If you have a disability which requires printed materials in alternate formats, please contact the ADA coordinator at (404) 527-8700 or (800) 334-6865. FEBRUARY 1999 3 Lexis Nexis (Reputation) - new - full 4 GEORGIA BAR JOURNAL FEBRUARY 1999 • VOL. 4 NO. 4 Table of Contents Practice Tips Legal Articles Drafting Divorce Settlement Agreements By Doug Hill Of Clients & Fees: Ethical Issues 46 for Criminal Defense Attorneys Professionalism By The Hon. William T. Moore Jr. Forsyth County Bar Goes to School and Timothy M. O’Brien By Lisa C. McCranie 10 50 Perishable Agricultural Commodities Act: 10 Book Review A Produce Debtor’s Nightmare; A Litigation Resource Worth Its Weight A Produce Creditor’s Dream By John A. Chandler By D. Richard Jones III and Greg B. Walling 52 20 From the Attorney General Is There a National Child Support 53 Center in Your Future? By Robert Swain Who’s Where 26 54 South Georgia News 20 Tifton Bar Hosts Chamber Event Features 55 Client Relations Governor Barnes Keynotes Involving the Client in Decision-Making Midyear Meeting Departments By Jennifer M. Davis 56 30 From The President In Memoriam A Lesson From Annie Board of Governors Outlines 1999 58 By William E. Cannon Jr. Legislative Agenda 6 Lawyer Discipline By Thomas M. Boller 58 and Mark Middleton From The Director Georgia Trial Reporter 34 An Invitation to Young Lawyers to Get Involved 59 Georgia Justice Project Gets Boost with a By Cliff Brashier Bench & Bar $100,000 UPS Grant By Andy Bowen 7 60 36 From the YLD President Notices Seen Up Close, The Bar’s Work First Publication: FAO 94-R11 Clayton County Restoring Courthouse, is Very Impressive Notice of Filing: FAO 94-R6 Building Justice Complex By Ross J. Adams Proposed Changes to Disciplinary Rules 37 40 62 Fulton County’s Child Advocacy Section News CLE Calendar Center in Planning Stage 37 Record Attendance at Midyear Meeting 68 43 Ad Index President-Elect Seeks Committee Law Practice Management Participation for 1999-2000 69 Making 1999 Gossip-Free in Your Firm 38 Classifieds By Terri Olson 70 44 FEBRUARY 1999 5 quired a visit with me. I occasionally receive a nice note asking a question A LESSON FROM ANNIE and containing some small bit of news about her children. Sometimes I feel like a parent whose child has grown up and left the nest. Neither of my children have independent living. I thought it was expressed a desire to enter the just a matter of time until she moved practice of law. My daughter appears in with one of her children. headed for a career as a Methodist As a few months passed I began minister, and my son is likely to do to see a change. She learned how to the same. When I began to realize balance a checkbook and take care of that they were not interested in the household budget. She found a becoming lawyers, I was a little job with an understanding employer. disappointed. I would not have the By William E. Cannon Jr. The questions became less desperate. opportunity to dispense sage advice As Annie talked about the changes in on the practice of law to children hen Annie first came to her life I saw new confidence in her eager to follow in their father’s my office she was in footsteps. Wtears. Her husband had However, I now realize that my died unexpectedly and she was law practice has left some imprint on totally unprepared to cope with the For many of us the my children. Although they won’t years ahead of her. He had taken care become lawyers, they will take the of every detail of her life. She did most fulfilling aspect of most important element of lawyering not know where bank accounts were with them. They will possess a desire located, what bills were paid every our practice is to help people like Annie. month or what taxes were due. She ministering to the For many of us the most fulfill- had been a loving wife and mother ing aspect of our practice is minister- but was now alone. Her two children needs of our clients. ing
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