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July 1, 1996, AIM Started Its Eighth Year of Operation Providing Malpractice Insurance with Stable Rates , Q11a1itycoverage and Dedicated Service to Its Insureds On July 1, 1996, AIM started its eighth year of operation providing malpractice insurance with stable rates , q11a1itycoverage and dedicated service to its insureds . AIM: For the Difference! Attorneys Insurance Mutual of Alabama , Inc .• 22 lnvemess Center Parkway Telephone (205) 980 ·0009 Suite 525 Toll Free (800) 526-1246 D Birmingham , A labama 35242..i889 FAX (205) 980 - 9009 'CHARTER MEMBER: NATIONAL ASSOCIATION OF BAR-RELATED INSURANCE COMPANIES. .. ,. .....,;.._ ~ , ~ . .. ~ OfficialCode, AlabamaCases, And The Only AlabamaAdministrative Code OnCD--ROM. A Comprehensive,lnregratedSystem. Everything YouNeed For Your Alalxima Research. When II comest o bu1ld111~your procucc, Alabamn l..tnvD~k' is the foundationror ~ucccss. With Al nbamaCales, OfficialSmtutory Cooe, and AJminisrrntiveCode on CD-ROM,Lnwemk brinl!' ~mre-of-the -ar1 rechnologym Alabamaprimary low, crean111t the nn1 compreherl.\l,·c, outhonmmc legalr=c a,'llilablein AL,bama.And "-1ih a simplekeystroke or mousecltclc, dus powerful$Y'l<m links to AlabwMAuw-C,ce; ALR : uses;-Am)ur M anti more. Seeit forY\~1rsclr . Formore mfonnmion, or to ~mmgea no-ohlig:mondemo~rmuon, call l-800-762-5272. 1111 L:t\\}'t'l"i Coopi •r,u1, t I >ublishing ~ hup-.//www.lcp.com Cw:nkrland.School o f Law ContinuingLe gal Education The CumberlandSchool of I.aw of SamfordUniversity is indebred lO the many Alabamaacwmeys and judges who contributed their time and expertisero planning and speaking at our education semlnais during the 1995-1996 academicyear. We gr.ueiullyacknowledge the contributionsof the followingindividuals lO the success of our CLE programs. Hon. WllliamM. Acker,Jr. Susan D. Doughton Roben W. Lee,Jr. ElizabethH. Shaw Jimmy E. Alexander Hon. Jot! F. Oubtna John A. l..mtine BaibcrS herling, Jr. Bibb Allen J. RichardDuke DorothyW. Littleton WilburG. Silberman K. RickAlvis Ann Z. Elliott John F. Lyle, UI Kenneth0. Simon LaBellaS. Alvis MJchaelJ. Evans MichaelB. Maddox ThomasD. Simon Orrin K. Ames, Ill GreggB. Evercu ThomasJ. Mahoney.Jr. Gl'lham L Sisson,Jr. HaroldI. Apolinsky T. Roe frazcr 11 Davida Maish Hon.James S. Sledge Lte E. Bains.Jr. BartyV. Frcdcrlck RodneyA. Max ClarcnccM. Small.Jr. LeslieR. Barincau DouglasI. Frltdman O.nlcl L Mcduve Glly C. Smith Millon!G . Bass. Jr. ~ L Fundcburlc Hon. Edward8. Md>ermou Glly G. Stanko RobcnR. Baugh CharlesW. Gambk BruceJ. Mc:Ktt James Ii. Starnes MichaelL BcU W. lcw\s Garrison.Jr. J. AnthonyMclain BryanA. Stevenson StevenA. Benefield Beth H. GtlW!n WilliamT. Mills,Il William B. StcWart T. BradBishop Stephen R. Gl~th Hon. Tamara0. Mitchcl\ R. G. Sullivan AlexanderJ . BollaJr . EdwardC. Gttene Mac M. Moorer SidneyC. Summey Lee W. Borden James H. Greer P. Russel Myles RichardH. Taylor WilliamM. Bowen,Jr . W. Mccollum Halcomb RebeccaA. Narmore Hon. Charles A. Thigpen Gov.Alben P. Brewer James 0. Haley Usa Nmell-Mead W. TerryTravis RichardJ. Brockman Hon. LewisH. Hamrtcr Carol Sue Nelson LannyS. Vines MargaretY , Brown Hon. Anhur). Hanes,Jr . RalphR. Norman, 111 Hon.J. Scott Vowell RichardE. Browning RickE. Hanis VitginlaC. Panerson CharlieD. Waldrtp Hon. Jack.Caddell Jack H. Harrison MichaelR. Pennington HowardP. Walthall Hon.John C. c.Jhoun, Jr. Stephen D. Heninger John C. Pierce Mlchad R. Wamsley AndrewP . Campbell Riclmd L Holmes Ja;tph 0. Phtlps JohnE. Wam:n, l1l dmlcsF . Cm JusnccJ.Gorman Hauswn,Jt Denise] . Pomeroy Gall C. Washingtan Swilcy A. Cash M. Ann Huckstep CharlesJ. Poos WIiiiamw . Waus, m CharlesTykr Clari< Edwin E. Humphreys Scott A. Powdl John F. Whiwcu Hon. Sue BellCobb GarveW. Ivey,Jr . ThomasM. Powell J. MarkWhite Hon. BenjaminG . Cohen G. DouglasJones Hman L Prater, N Jere F. White,Jr. Charles 0. Cole Jasper P. Juliano JamesR. Pratt, l1l John P. Whittington Ted Colquett John M. Karrh PhllllpB. Price J. MichaelWilliams, Sr . Joseph A. Colqulu Victor Kelley R DavidProctor James C. Wilson,Jr. Edward0. Conerly Jusdce MArkKennedy LeslieM. Prall ThomasA. Woodall Hon. Ralph0 . Cook James C. l(!ng T. MichaelPumam Cathy S. Wright DeaneK. Corliss Le_ighAnn Klng BruceA. Rawls RichardA. Wright M. Donald Davis,Jr . JeffreyC. !Giby Thomas E. Reynolds Hon. SharonG. Yates TheresaS . Dean John T. IGrlc JeffreyC. Rick3rd J. Gusty Yearout GreggoryM. Deitsch Forrest S. Laua AlanT. RogetS Jay A. Ymk DavidR. Oona.lcbon Sydnq Lavender l<ImE. ~dd RichardT. Donnan Swan Leach RobcnB. Rubin Onth•Com- l'iaured on the COLwaro Birmingham ollomeg N. I.a 0x,per am/ hi$ u:ife Joy. daughterCatherine and so11Clark. Cooper.who practices11•ith the finn of Maynard. Cooper& Cak. ivlll assume offict in August as prt!.Sid<'lllof the American Bar Associotion,/hq ucond Ala//umiun to do so. He is also /ht k'tlturl!dSfW<tker for the &,,ch & Bar LunchI<Dnal this ~rs Annual N,v!ing. -Photo bg Gillings of Atlanta IN THIS ISSUE SPRINGADMIITEES ..•.. ...............•......•..... 203 LAWYERS IN THE FAMILY. ......•.•..•...••.••.....•• .205 STATISTICSOF' INTEREST.... ... ..•..• . .•.•.....•.. , .. 207 LE'ITERTO THE EDITOR. ..••••.•...•...•...••.•..... 210 LAWDAY 1996 .... .... ...... , .... ...... .... ......... 219 ~BAMIAN SETTO LEADAM ERJCANBAR AssocIA TION BySusan CullenAnderson . ... ••... ......... ... , .... 220 ROADSHOW '96 ..................................... 240 PUNITIVE DAMAGESANO PRE-V ERDICT PROCEDURES LIFE OP GEORGIA:A BOLDNEW FRONTIER By DavisC.,rr and Rachel Sanders Cochran .................. 225 SUPREMEC OURTOF ALABAMA- FEATOF CLAY ByJ. Corman Houston,Jr ................................ 236 BAD FAIT!I: DOESI T APPLYTO SURETIESIN A.u\BAMA? ByR. CooperShattuck •.••........•....... .. ••..••.. .•. •241 nw•.,.,.,.,,..._ II i'ISIE#IDEFIII Published seven limes a yea, (U,e June issue Is a bar directory edition) by lhe Alabama State Bar. """'"""" ,_,.,,,. ,ss, P.O. BoJt4156. Montgomery.Alabama 36101-'1156 • Phone 1334)269-1515 Robert A Huttokor ....... .. ....._ .......- ..., .......... _ .... ......... .Chalr & Editor SusanShO!OCk Dtl'aola ....._. ,,____ ,,_______ _ DEPARTMENTS V,oe,Che,t & As$ooata Editor Rldwtl F Alletl ..__ ,..... - ....-·-· Vc:e-Chalr.Fmance SusanH Andfes . --·--·--····· ....- ...... - ..... Stal1- & Communk:allans OiredD< Matgatel Mu,pl'rf .. ...... _ .......... .. .... Stall Lladon & Managi<lg Editor llootd of Edilota Yf.... mJ U>de, OOd. T- · Josei,11 aMays..k ., S.minghlrn • Alo.YL-.Jf . ..... 14QOAIOIY• AlonT Rogorl , B•mongtY,m• J,,- G 5'oYens."1ontQomery • -t W ~ ./f., _,_ • o.botah "!A&f Sfflldl. e.,miftghom , lllot>cyL - . 8irmw1gham• Jahn 0 . -· Bl'""ngh(UII • MM OnJhan. Mobo1e• President'sPage -Seil«I Smllh Hllnll- • ci.vtos Birmingham• G- C<>c:ntan, llirmlngham • Lisa Huggins. a.rm,,,q,am• Hon OooraH -· IJ<,nnghamC-• - L ~- Monlgomoty• Shoni T """""""· Brningham 198 • WUlillmG Gann,Birmingham • MIChae!A . Klnland, Mon1gom111y• Jo<lothoo C 1oca, - • P. I..QighO'Oall, Moo1gomo,y • Undl G """'°'Blrmlngharn • La.JuanaD,wis, ~ton-y • Viclollo J, F"""'*".S.Sson, 9,rmlngham • M. DonllldOlM1, J, , Mobile• Ray o. Noo;n,Jr .• B.rmlngham• Lynn RobooaonJackson. C111y1on• Hon.Wi Miam R. GocdOn, Mor1100n'llf')' Soard 01 Comml11lonor1 ExecutiveDirector's Report Uelto n . ......--·- ·- ············- ·- · ..-· ·- .....SAn11.,o l A. RufnOfe.Jt •• Sitmlngham Otllcen 200 Jahn A. ()won& Tuscoloooo Presldem Warren8 UghtlooL-8lnnlnghMI - --- ·- ..... -- ....Presodenl'41iea W..,., D -· E""fl'M" ·-·"-·•••• v~ Klilll a Narnw,. Momgoc,wy ..5eaetory llootd of Comml- AboutMem~rs. Amongf'irms , .. ~ £ Mo,1,£,11.- • 2ndQrQi&.JohnA.-i,u..,no •lnlOIQll,Lym--1.-......CIOlm 208 • <d>OIQII, R.,lpll N - Selma• 5dl Q,wl. John-,.°""" • II - • a,, Clrcul. "'°"'No. 1 , W.. P a-- . T- • a,, Cocu1. """" No. 2. .J. Oougjlo Mce,y , 7f> Clrcul. - F Ro. II. - • a,~ .JohnS . l(a,y.Doca,, • SIi, C..... W N _Ft..._T·-•10W. •Clrcul. Ploco No. 1, s.n..l ll - llormot'glwn • 100, Cl,Qjl. - No. 2, - W Gowin• IOU,C-, - No 3, J.-,. - &rmingl'orn • 1o,t, c.... ,. - No.•.s.nu,t A. Rumore, Jr • 1Clhc....._ ,,,_. No.S. ff-o T l<ii,..._,Ill l!lrmngham • ,ou, - f'lo<e No. a.M ac a GtelMOS.Bomngtwn • tOlh CiN:l,o."'°"' No. 7 . J. Moson °"'"" Bnr Briefs lir1lw'Qh,,m , •Olli 0.0.,,. P1ocoNa. 8. Mal C. Pope. Jr. Blr"""llhorn• 100, Cl,_ "°"""No.9 , c.:nyS. \'lnghl llormlnghom• tOIII°""'1 . Bnleffllt C..·oft, Ge«ge Higglnoolham. -mor • 111hCir....,, Robert M. HI;~ .. 213 F- • 12th C...,11,M OoloMollh. Enle<prise• •3'1,C...,., Ploc6No. I, Vlooo,H. LOCI,Jr , Mobile• t31hCln:ui<. PlaceNo. 2. 8oUyC. -. 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