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23661 GA Journal Dec98

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23661 GA Journal Dec98 Lawyer to Lead Georgia Governor-Elect Roy Barnes GEORGIA BAR JOURNAL SPECIAL SECTION: ALTERNATIVE1 DISPUTE RESOLUTION KeyCite - New GEORGIA BAR JOURNAL 2 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 December 1998 • Vol. 4 No. 3 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: Governor-elect Roy Barnes leads a wave of lawyers chosen by SARAJANE N. LOVE J. MICHAEL WIGGINS Georgia voters to govern the state. (Photograph by Richard T. Bryant) Officers of the State Bar of Georgia (ex officio members) QUICK DIAL Attorney Discipline ............... (800) 334-6865 ext. 720 (404) 527-8720 WILLIAM E. CANNON JR., ALBANY President Consumer Assistance Program ...................................... (404) 527-8759 Conference Room Reservations .................................... (404) 527-8712 RUDOLPH N. PATTERSON, MACON Fee Arbitration .............................................................. (404) 527-8750 President-elect Continuing Legal Education Transcripts ....................... (404) 527-8710 JAMES B. FRANKLIN, STATESBORO Diversity Program ......................................................... (404) 527-8754 Secretary ETHICS Hotline .................................. (800) 682-9806 (404) 527-8741 GEORGE E. MUNDY, CEDARTOWN Georgia Bar Foundation/IOLTA .................................... (404) 527-8766 Treasurer Georgia Bar Journal ..................................................... (404) 527-8736 LINDA A. KLEIN, ATLANTA Lawyer Assistance Program ................ (770) 612-1122 (800) 327-9631 Immediate Past President Law Practice Management ............................................ (404) 527-8773 Membership Records ..................................................... (404) 527-8777 ROSS J. ADAMS, ATLANTA YLD President Meetings Information .................................................... (404) 527-8790 Pro Bono Project ........................................................... (404) 527-8763 JOSEPH W. DENT, ALBANY Professionalism ............................................................. (404) 527-8793 YLD President-elect Sections ......................................................................... (404) 527-8774 JAMES D. HYDER JR., AUGUSTA Unauthorized Practice of Law ....................................... (404) 527-8743 YLD Immediate Past President 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 South Georgia Office L. DALE OWENS, 1987-1989 244 E. Second St. (31794) • P.O. Box 1390 • Tifton, GA 31793-1390 DONNA G. B ARWICK, 1986-1987 (800) 330-0446 (912) 387-0446 JAMES C. GAULDEN JR., 1985-1986 FAX (912) 382-7435 JERRY B. BLACKSTOCK, 1984-1985 Manuscript Submissions STEVEN M. COLLINS, 1982-1984 The Georgia Bar Journal welcomes the submission of unsolicited legal manuscripts on topics of WALTER M. GRANT, 1979-1982 interest to the State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should be TEPHEN AVILLE 10 to 12 pages, double-spaced (including endnotes) and on letter-size paper. Citations should conform to A S E. R , 1977-1979 UNIFORM SYSTEM OF CITATION (16th ed. 1996). Please address unsolicited manuscripts to: Theodore ROBERT H. WALLING, 1975-1977 H. Davis Jr., Editor-in-Chief, Kilpatrick Stockton LLP, 1100 Peachtree St., Suite 2800, Atlanta, GA 30309- 4530. Authors will be notified of the Editorial Board’s decision following its next meeting. Communications Committee The Georgia Bar Journal welcomes the submission of news about local and circuit bar association happenings, Bar members, law firms and topics of interest to attorneys in Georgia. Please send news releases DENNIS C. O’BRIEN, MARIETTA and other information to: Jennifer M. Davis, Managing Editor, 800 The Hurt Building, 50 Hurt Plaza, At- Chairperson lanta, Georgia 30303; phone: (404) 527-8736. Layout and Design by Lenz Design & Communications, Inc. 119 E. Court Sq. #201, Decatur, Georgia LAMAR W. SIZEMORE JR., MACON Vice-Chairperson Publisher’s Statement The Georgia Bar Journal (SSN-0016-8416) is published six times per year (bi-monthly) by the State Staff Bar of Georgia, 800 The Hurt Building, 50 Hurt Plaza, Atlanta, Georgia 30303-2934. © State Bar of Georgia 1996. One copy of each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to JENNIFER M. DAVIS non-members. Single copies: $6. Periodicals postage paid in Atlanta, Georgia and additional offices. Opin- Director of Communications ions and conclusions expressed in articles herein are those of the authors and not necessarily those of the Editorial Board, Communications Committee, Officers or Board of Governors of the State Bar of Georgia. AMY E. WILLIAMS Advertising rate card will be furnished upon request. Publishing of an advertisement does not imply endorse- Communications Coordinator ment of any product or service offered. POSTMASTER: Send address changes to same address. ERIN E. MILES Internet Coordinator Disabilities DENISE PUCKETT If you have a disability which requires printed materials in alternate formats, please contact the ADA Administrative Assistant coordinator at (404) 527-8700 or (800) 334-6865. GEORGIA BAR JOURNAL 3 American Arbitration Assocation - new 4C GEORGIA BAR JOURNAL 4 DECEMBER 1998 • VOL. 4 NO. 3 Table of Contents Law Practice Management Cover Story Millennium Bug: Has Your Firm Got the Fever? “Lawyer Barnes” Takes Charge By Terri Olson By Michael Jablonski 60 10 Professionalism Orient Express: Emory Law School Orientation on Professionalism, Part II Special Section By Amy Williams 62 ADR in the Georgia Courts By Ansley Boyd Barton From the Attorney General 14 65 Limitations on the Meaning and Who’s Where Impact of DeGarmo v. DeGarmo 66 By Clifford P. Altekruse 1999 Georgia Legislative Preview South Georgia News 20 By Thomas M. Boller 67 and Mark Middleton Ethics and Professional Responsibility 53 Pro Bono By R. Wayne Thorpe and Ansley Boyd Barton Give Access to Justice Some Byte 25 Atlanta Leaders Unite to Decongest By Michael L. Monahan the City and Clean Its Air 68 Corporate Use of ADR in Georgia By Sharon A. Gay By Robert S. Glenn Jr. and Charles S. Conerly Section News 32 55 70 A Mediation Primer for the Solo or Annual Fiction Writing Competition In Memoriam Small Firm Practioner 64 71 By Nadine DeLuca Elder 38 Audited 1998 Financial Statement Lawyer Discipline 88 71 Conflict Resolution in Georgia Bench & Bar Law Schools By Carolyn Benne 72 44 Departments Georgia Trial Reporter Juvenile Court Mediation From The President 73 By Sheila Friedman No More Sitting on the Sidelines Notices 48 By William E. Cannon Jr. New Formal Advisory Opinion 6 Proposal to Amend Bar Rules From The Director 11th Circuit: Proposed Rules and Features We’re Doing Something Right Notice of Amendments By Cliff Brashier Fall Meeting: Board of Governors 7 Proposed Formal Advisory Opnion Looks Ahead to 1999 By Jennifer M. Davis From the YLD President 76 50 Could This Be the Start of a Ad Index Beautiful Relationship? 98 By Ross J. Adams 58 Classifieds 98 GEORGIA BAR JOURNAL 5 backstage during a production of my community theater. One member of NO MORE SITTING ON the cast felt compelled to entertain me with a lawyer joke, and I re- sponded by telling him that he THE SIDELINES should go ahead and tell some cruel ethnic jokes or jokes to embarrass the legal system as a subject of people who are physically chal- ridicule. lenged. After all, I told him, if you When it reached the point that want to be a bigot, why stop with politicians — who historically were lawyers? held in such low regard that they Other members of the cast who could not throw stones at lawyers — had been listening drifted away in began to use lawyers and the legal the awkward silence. However, system to advance their own political during the next few performances By William E. Cannon Jr. agenda, I decided I would no longer several cast members told me ignore what was going on. privately that they were glad that I e have all been there. It’s a stood up for my profession. holiday party at a friend’s As President of the State Bar, I Whouse. The atmosphere is now have a “bully pulpit” from festive, the food and drink are Do you want to go to which I can defend lawyers and our plentiful and we are enjoying being system of justice. Speaking to civic away from the care and concerns of holiday parties and other clubs, I receive positive and thought- practicing law. events with your head ful responses from most of the Then it happens. A well-meaning members. When forced to think friend feels compelled to share the held high? Then quit about the role that lawyers and our latest lawyer joke. Frantically system of justice play in our county’s looking around the room, we try to standing around waiting freedom, most fair-minded people find a quick way out. We feel our realize we have been attacked face beginning to burn as we sense for some other lawyer or unfairly. every eye in the room on us. Praying A strong response to lawyer that this will be
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