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THE ALABAMALAWYER SEPTEMBER 1994/ 261 The Alabama ~N BRIEF a-w-yer
September 1994 Volume 55, Number 6 Published seven times a yea, (the Juoe Issue is a bar ditectory edilion} by the Alabama Stale Bar , ON THE COVER: P.O. Box 4156, Mon.1oome,y. Alabama.36101-4156 . Reginald T. Hamner has retired as Secretary and BxecutiveDirector of lhe Alabama State Bar Phone (205)~!H515 . after 25 years of service.His tenure made him the nation's senior state bar executivein point of RobertA . Huffaker...... ,, ,_,,, ...... Chait & E&tor Susan Shirock OePeo!a...... Vice-Chair & service. Pictured is the Hamner family,left to right, Anne, Chris, Patrick and, seated, Reggie. AssociateEdito, Photo by CrosbyT homlegP hotographyof Tuscaloosa,Alabama Richard F. AJlen...... Vice-Chair . finance Maroare1M urphy- ,.·--·-· ...... Manag lng E<1,1cw B~r d ot Editors INSIDE Tms ISSUE: Raytn()C'ldL J(lflnM)n, J, •• Sirmlng;h.am• Slwtty 0 , Howell, M~t!y • Jt" Kohi , Monlgomory • Fon•Sl Lill:111,,Motlile • A Tribute to Reggie Hamner HOl'l.~ IA!ldclox, Monlgomtty • J,W . Goodlot. Jt•• Moclle • C. Macloocl Fullo,, Columb1,t;, G.a.• G,egory C. Bufta1ow. The Man and the Hour Moblt • Boajamln B. S9n&:UIM9. Ill, Bi1m1r1Gl'\am• Mlam J, Undorwood1 TulQ.lml:u • AnclrowP Caf!'IPbel.BitmlllQl\irn • B.vWilliam B. Hairston.Jr ...... 270 Aloi L Hoh$1ord,Jf • "'°"lgornc,ry • N¥1 T, Rogete, Bm,lng. h11m• Jamts G..S&evens. Monloc>m•rt • Robett W ar.Hord , The Cont1tanl Profusional Jt . Montgom«y • Dobcnh Alley Smrd,,,Birmitlgham • Haney B.vWilliam D. S<:ruws. Jr ...... 272 L. Franklln, Leed$ • John O SomeMle, 9,tmlngham • MM On.lh,;:an,Moblfe • Robe,t Seller&Smit\ Hunu...ce, Charles A Lifelong Friend Clc,vet.lnd.S1r"*1gl\am • GlendaCodlran. 8lf'tl'ilnQIWlrn • Ll&I Champlgons . Jr ...... t,tugglns..81,mmgham • o.bra H. Oorc1s1eln, e1,m1norwn• By 273 Pamela L Mable, MotltQOt!Wy, Shetti T Freetnaf\. Bifflllng. A CenUeman from Alabama - • WilomG, Gaatt,._,,, By Cilbo'ft R. Comp/x!/1,Jr., Olt' ...... 27 4 8 oerd ol CommluionlNli U.isOfl .....- ...... ~ SvnuotA. Aumat •, J, ,. e.mingt,am A Sta tesman , a Facilitator, a \lhionary OH~ By Bert H Early ...... 215 8n:loJtG. Holmtt. Mobi• ...... - ...... ,__ ,_,.. , Pt9sldenl Jolvt A. Owetls,Tusc:aJoo&e ...... - ...... , .... - , Prtsl0or11'oct Rld,;,d S, M.ar*y, Oemopob ..· -·- ·--- ·...... V'.c.p,eslden l Klch' Chanc e Scholaralup Awarded ...... 294 !
THEALABAMA LAWYER SEPTEMBER1994 / 263 PRESIDENT'SPAGE
LET'SUNIFY OURUNIFIED BAR
s we begin what J b elieveis the 116th year or our 1994, I reminded those assembled of an incident early in the Alabama State Bar, l first lhank Spud Sealefor his 1968 presidential campaign. The nation was then in turmoil hard work and the manner in which he has over the Vietnam war and racial violence. While President presidedover our bar this past year. Spud led the Nixonwas going through Ohio, he saw a little girl holding up a boarda of ba r commissioners through some difficultissues and homemade sign which said, "BRINGUS TOGETHERAGAIN. " it is through his persistence and hard work those problems That sign became the theme of the successful Nixon campaign. are, for the most part, behind us. I hasten lo add that I do not want my term of officelo end as l know it has been said many times in this column that "it is President Nixon's; however, I would like us all to think on the a privilegeto serve as your president." For me, as I an1sure it togetherness theme. I would like lo help bring our bar togeth has been for a long line of our presidents, it is indeed a privi er again. I say again because the fragmentationand division lege with special meaning for me to serve as president of the we are experiencingis of comparativelyrecent origin. Wewere, AlabamaState Bar. But I realize th ere is a until recent times, a unified bar by law lot more to this job than the tiUe. This and in practice. bar and its members rightfullyex pect that I sense a hunger for a return to that I and the other officerswi ll serve the bar unity. I have heard this from so many well and continue to accomplishthe mis lawyers and judges from all parts of the sion and duties we are charged with for state. An appellatej udge said most appro the benefit of our profession and the pub priately in a recent letter to me: lic. On December 13, 1878, the Alabama " We are al a crucial lime for State Bar Association was organized with ou r noble professio n. We, as a membershipof 30. Today we have over lawyers, need lo come back lo 10,000 members. In 1923, the bar, by act /he Alabama Stale Bar as the life of legislature, became the first (second source of our profession. The some say) unified, i.e., mandatory,bar in Stale Bar must be the organiza the country. By this Acl, every lawyer tion that encompassesall of us, licensed to practice law in the State of and ii must be the organization Alabama became a member of the Alaba that all of us support.• ma State Bar. The Alabama Slate Bar undertoo k a public and professional Broox G. Holme s How true it isl Regardless of legal spe responsibilityto accomplish the matters ii cialties or special interests. we should was charged with performing when it work together in our common goals of became a unified bar in 1923. This responsibility was under improvingthe profession,i mproving the image of our profes taken by and must be achievedby Alabamalawyers. sion and the work of the bar in serving the public. Every While we are "unified" by law, our bar has in recent years lawyerhas a stake in the Alaban1a State Bar and an obligation experienced increasing fragmentation and discord. To some lo support it. degree th is is understandable. We are lawyers with diverse We have just received the report of the Long Range viewsand we are adversarial by nature. Wehave our legal spe Planning Task Poree headed so ably by Camille Wright cialtyassoc iations and special interests. But when it comes to Cook.T he report has not yet been adopted by the board of bar the missionsand goalso f the AlabamaState Barwe can and we commissioners but , among other th ings, it recognizes must do a better job of working together. that the AlabamaState Bar has an obligation," To urge that a In my acceptanceremarks beforethe conventionon July 21, standard policy of inclusion be institutionalized and commu-
264 / SEPTEMBER1994 THEALABAMA LAWYE R nicaled lo members of /he profession as the paramount It is said when one door closes another opens. Wt art responselo separatism and frogmm/olion. • \'ery fortunate.to ha\'e a personwith the knowledgeand expe I urge each of you to work towardunity o( pul'l)05ethis year rience of Keith Norman to step in as executive director at and to get behindthis bar. this crucial time. Keith is backedup by a very able staff who Wewere all very concernedwhen ReggieHamner decided to do a great job in handling the everydaywork of the bar. retirefrom his positionas our executivedirector after servingso Our Executive Council, commiltees and task fore.es are well and so faithfullyfor 25 years. I can't lop the well-deserved in place and ready for the new year. When we consider all accoladesg iven by so many to Reggie. I can only thank Reggie o( our resources,there is no reason, other than discord. why for his friend$hipand guidanceover lhe yearsand for his great we can't accomplish the workwe are chargedwith doing. serviceto the lawyersand peopleof Alabama.We wiU certainly So let's get together and go to work.Again, I thank you for miss Reggieand Anne.We wish them the besL givingme this opportunityto SC1'1,'tour profession. •
Important! Licensing/ Special MembershipDues 1994-95
Al/ licensesto practice law are sold through the AlabamaState Bar headquarters,as well as paymentof specialmembership dues-the same as last year. In mid-September.a dual invoice to be used b>'both annual license holders and special memberswill be mailed lo everylawyer currently in good standing with the bar. If you are actively pracliGingor anticipatepracticing law in Alabama between October 1. 1994 and September 30, 1995 please be sure that you purchase an occupational License. Licensesare $250 for the 1994-95bar year and payment must be receivedbetween October 1 and October 31 in order to avoid an automatic 15 percent penalt>•($37.50). S econd notices will not be sent! An attorney not engagedin the active practice of law in Alabamamay pay the special mem bership fee of $125 lo be considereda member in good standing. Uponr eceipt of payment, those who purchase a license will be mailed a license and a wallet size license for identificationpu rposes. Those electing special membership will be sent a wal let-sizeID card for both identificationand receipt purposes. If you do not receive an invoice, please notify Christie Tarantino. membership services director, at 1-800-354-6154(in-state WATS) or (205)269-1515 imme diately!
THEALABAMA LAWYER SEPTEMBERI994 / 265 Lawyers Serving the Public and Their Communities The state bar's Committee on Lawyer Public Rela1ions, lnfonnation and Media Relations wants 10 hear about your local bar association public service acrivi1ies. We wam to lei che public know aU 1he good chings cha1 lawyers do for cheir communities, but we need your help' Please use 1he following fax memo to !ell us about the projecls you've been working on during the pas1 year-we look forward 10 hearing from you! FAX MEMO
TO: Margare1 L. Murphy AT: (205) 261-63 10
of rhe______Counly Bar Association
DATE:
RE: (Public Service Activity/Event)
Date of Event:
Complete Description of 1he Events:------
Participants/Volunteers:------
Was the even1pub licized?___ If so, describe how, and anach any newspaper articles or photographs
Who should we contac1 for more infonnacfoo?
Telephone No.
266 / SEPTEMBER1994 THE ALABAMALAWYER EXECUTIVEDIRECTOR 'S REPORT
THANKYOU
"Be fl Resolved by the Board of State Bar on the firmest of foundations115 years ago, a foun dation that has stood the tesl of time. This foundation Commissioners of the Alabama State has not left us free from challenge and ii never will. JI Bar that Reginald T. Hamner be and does, however, offer men and women who have chosen to pursue the rule of law within the profession a means he is hereby elected as the Secretary to seek true justice for all. This has been my pole star. I can imagine no better means through which to serve of the Board of Commissioners of the our professionthan in the \\'Orkor the organizedbar. Alabama State Bar; he to begin his In recent months, I have been touched by your warm letters, phone calls and numerous olher acts of kindness duties on the first day of June and friendship. I thank you for the years of support
1969.. .. ff and encouragement you have given me as we have sought to serve the publictogether through our profession. -M inutes, Board of Commission I leave this office with the sure kn9wledge that no bar ers Meeting, May 2, 1969 executive in the land has had better support of an associa tion's elected leadership, its volunteer workers or a more dedicated professionalstaff of co workers. Any credit that has come my way is rightfully shared with you and he simple words above those who precededus in our bar's \\'Ork launched a 29-year-old over the years. lawyer. barely four years I have asked that Anne and our out o( law school,on a magic sons, Patrick and Christian, share DJhas carpet ride that nowstopped to refu the cover photo of The Alabama lamyer el. What a trip! II would be impossible with me. Our family literally has to chronicle the happenings on this grown up with the Alabamaand Ameri trip in the space allowed; suffice it to can bars. Without Anne's support and say that over these past 25 years, our our sons' receivingless than my undivid profession has grown dramatically ed attention on perhaps loo many in number as we have marched toward occasions, those accomplishments new hor izons and into venues deemed positiveor productive by others not dreamed of only a short time wouldnot have been possible. before. l have been fortunate to have As I shin gears and enter upon new enjoyeda front row seal for much of this challenges. I am confldent of our bar's adventure.Throughout it all, it has been future. I bid you not farewellfor I hope to the peopleI have "''Orkedwith along the see you soon and ofien. I thank you for way who have made It all so worthwhile and personally this rarest of opportunities. rewarding. I will close this, my final "ExtcuthoeDirector's" column, by It is to all or )'Outhat I say."THANK YOU," for allowingme paraphrasingDr. DavidMathews ' remarks to a championship lo share our journey together. Youare too numerous and LOO footballteam not too long ago: special to mention Individually,and far too many are but "Greatnessin any fieldhas to comeout of somekind memoriesof the e.irlier part of this fantasticvoyage. of traditionand it is our job lo makecertain the tradi As I have worked within the organized bar at the local, tion that is the AlabamaState Bar meansas much and state, regional and national levels, l continue lo marvel at stands for as much for thosewho are yet to comeas it the wisdom o( our founders who placed the Alabama has for us and thosewho havegone beforeus." •
THEALA8Af,1A LAWYER SEPTEMBER1994 / 267 ANNUALMEETING T-SHIRTS ARESTILL AVAILABLE!
(ALI, T ·SHIRTS ARE SIZE XL.) To ORDER: 51!.'ID CHECKOR IMONl!VORDER FOR $10.00 PAYABI.£ TO mE "'Ai.uA.'IA STATE BAR"
TO: Ai.ABA."IASTATE BAR Cor.,'ENTIOST-SHIRTS P.O. Box 671 MONTGOMERY,AL 36101
268 / SEPTEMBER 1994 THE ALABAMALAWYER REGGIEHAMNER rter 25 yearsof serviceas executivedirector or the AlabamaState Bar, ReggieHamner retires this year. His serviceto the associa Ation has spanned four decades,during which he has witnesseda remarkablegrowth in the number or mtmbers or our profession,and he has successfullybattled to presel\otthe int,.grity and professional ism of la,")'erspracticing in this stat,. II has not beenan easy task - publicperception of lawyersremains at a low ebb. Undaunted,Reggie has «ml'SWIthe institution of continuing legal educationprograms, restructuringof the bar association.impro"emenl of disciplinarypro ceedings,and, recently,the completion of an addition lo the state bar headquarters. He leavesfor his successor,Keith Norman, large shoes to nu. As a measure of respect which he was garnered, friends. professionalcolleag ues, and former bar presidents offer hereafter their reminiscenceof "Reggie.• He will be missed- wewish him well in his future endeavors.
THE ALABAMALAWYER SEPTEMBERI 994 / 269 T HE MANA NDTHE HOUR or dead. Mehas a greater knowledgeof rite bui true, the 25-year the affairs of this association and its love affair betweenRegi membersthan anyoneelse. nald T. Hamner and the Duringhis tenure, the membershipin Alabama Stale Bar THE the bar and the number of staff person brought together the nel grew lo five times its 1969 size. manand the hour. ~ite the magnitudeof this increase, For about the first 70 yearsof its exis Reggiehas alwaysfound lime to devote tence, theAlabama State Bar was a rela· his energy to the problems of the bar tively small group of innuential and 25-YEAR and its membership,be those problems dedicated male Anglo Saxons. These large or small. With a finger on every men stood in high places of leadership pulse, he fo und the time to take care of in their churches, communities, and the most minute detail. it made little political Institutions, and they also prac LOVE difference if lhe task was to find a hotel ticed law. The end or World War II her reservationfor a procrastinatinglawyer alded a beginning of a dramati c or attendinga legislativesession in the change-a changeakin to a revolution. dead of night to shepherd a bill of There was a dramatic increase in both importanceto the lawyers. the number, sex and national origin of AFFAIR A prime exampleof Reggie'sdedica lawyersand the types of law that they tion to the problems affectinglawyers practiced. occurredIn 1978in connectionwith the Underlying these changes were a BvWilliam 8. Hairston,Jr. Indigent DefenseFund. The fund was number of factors: the Cl bill of rights broke. Lawyersjust were not getting that enableda growingnumber of stu paid. The Indigent DefenseCommittee dents to attend law school;the opening recommendedan increase in the Fair of the CumberlandSchool or Law:the was governedby a 40-man boardor bar TrialTax and the application of that tax growingnumber of injuries that result commissioners. Its presidentwas elect to municipal courts. The board of bar ed from the use or automobiles and ed al the annwil nieeling of the associa commissionersdetermined that such a complicated machinery; and not the tion by participantsin that meeting.Jt s move was not politically feasible.The least. the foct that lawyerssta rted mak vice-presidentw,1s elected b y the board committee determined 0U1erwiseand a ing money. A profession was evolving of bar commissioners following the bill was pre.sent to the Legislature. Reg into a business. annual meeling. gie put his expertiseto work and the bill To meet this rising legal population. To the staff,the boardof bar commis pas~ to the gratitude of those lawyers the Alabama Stale Bar building was sioners, the lawyers, the Legislature, who were providing indigent clients completedin 1964.A few years later a and the public in general, ReginaldT. with legal services. The crisis of the Citizens·Conference on AlabamaSlate Hamner became · Reggie". He has moment was met because of the con Coutts initiated a drive for procedural known more Alabamalawyers by name cern of our executivesecretary. reformof the system. and face than any other person, living Reggie is most visible at With the bar headed in the annual convention and the right direction, these conventionshave pre JudgeJohn B. Scoll sented some unusual prob· announced his terns. Since time in retirement as secre memorial the convention tary. A search com hosted an annual banquet. mitlee composedof This concept hit the skids T.B. Hill, Walter with the address of Attor Mims, and Oliver ney General John Mitchell •·pr·Brantley recom at the Huntsville conven mended ReginaldT. tion in 1972. This wa.s Hamner to take probably the most boring JudgeScott's place. address ever perpetrated On June I. 1969. on a captl,oeaudience. The Reginald T. Hamner address would have been took on the job or delivered to a hungry executivesecretary of audience had it not been a bar associationcom for the negotiation posed of some 2 .000 betweenReggie and those members that em who supplied the food. ployeda staffo f five. Jt The host motel was on a
270 I SEPTEMBERt9 94 TMEALABAMA LAWYER hogs until The bar exam jumped from a trickle after the first to a floodwhen the Legislature did away frost. This with the diploma privilege. There were must be a 619 applicants to sit for the exam in July road kill." 1994.That equals 6 percent of the pre Gulf Shores sent bar and 31 percent of the member brings a new ship of the bar when Reggielook over as dimension to executive secretary. This, in a small our annual measure, is indicativeof the increase in meetings. the workloadove r the past 25 years. In his 25 As did Judge Scott, Reggie leaves years Reggie us with tangible evidenceo f his steward has had to ship in the additions to the bar head work with 26 quarters. Thanks largelyto his work, we bar presidents. have Lhe space to carry out the func Different per tions o( the bar in eye-pleasing sonalities, dif surroundings, a signature tribute to a ferent objec man who has meant so much. tives. and dif What this bar and its individual mem fe renl work bership have received from Reggie is COD basis with its vendors. Since Lhe schedules. To not just executivelea dership, although hotel could not float the price of the each of these was the task of education. it is that. Here we have a man who meal. Reggie had to pay the vendors on For at least one of these presidents, has loved the legal syste m and the the spot for deliveryin order to gel the Reggie had to go so far as lo ghost lawyers and has devoted the prime of foodon the table. write the presidential letters for The his life to make both better. That he And talk about float. A rainstorm hit Alabamalaw yer. These were the only wasab le to do so in the faceof explosive Huntsville at a later conventionand the presidential letters to meet Reggie's full change is proof positive that we were hotel parking lot was flooded.Few cars approval. blessedwith a remarkablein dividual. • were spared that day. " I survived the Rood" becamea badge that showed the Animationscom bined with your dedicationof the convention-goers. case presentationscan critically In 1973 the association incurred the a mind, \Ve wrath of the Mobile Legislative Delega influence juror's can tion when it took the convention to provideanimation ,ass istance for: Biloxi.T he association got back in good · vchicle accidents graces with the promise of "never · Productliability again." With that, Reggiestarted work · Medicalanimations ing on an alternative: GulfShores. · and g, It took almost 20 years before Reggie was able to negotiate enough hotel spacein GulfShores so it could host the convention. At the first Gulf Shores con vention, the buffet line featureda whole roast pig. Ed Turner was heard to remark, "In Chatom we don't butcher
Wllllam e. Ha irston , Jr. Williama .H all'ston. J, wasa tnQmbe1 or !he $Ja1e tar's boa.refof b81 cottwni$Wners lrom 1973to 1979. He served as presiden1of Blnnlngt,amBa, Assoel ationIn 1970 and lhe AlabamaStato Bar In 1983 He has been a ....._ mombMor lhoJud.lcial InquiryC omml5s,onsince 1979, He Is a member oC meBv-mlngham Bar Assoclat!Otl, the Alanama Stato Berand theAm encanBar AssoclaliOn
THE ALABAMALAWYER SEP'fEMBER1 994 / 271 TH E CONSTANT PRO FESSIONAL The Amerkan Bar Associationcon · he French lawyer and duels an annual training session for essayist,Montaigne, made REGGIE presidents-electof U1evarious stales and an observation in his large metropolitanbar associations.One essays (]691). Montaigne of Lhe Lopicsat an intensivesession was suggested if we want a HAMNER structure and reorganizationo f bar asso iitrue and accurate report of say, what a ciations.The prototypedisplayed on the fountain looks like in Rome, that one l)OSterboard was the AlabamaState Bat. should not employa person who knows WASAND IS Al the conclusion of the presentation all about fountains, but ill$teadshould given by a former ASApresidenl from send lo make inquirya person who has the Midwest,he gave this advice, "You never seen any fountains al all. Mon THEPROFESSIONAL can appoint committees and hire consul taigne concludedthat an expert on the tanls about the way to reorganizeyo ur subject would only come back and bar association,or you can savetime and report how that founlainwas like anoth · WHODES IGNED call the Alabama State Bar and steal er fountain in Milan. or how that foun· from it with confidence." lain wasdifferent from another fountain ReggieHamner was and is the profes in Florence. A person previously igno THEMODEL BAR sionalwho designedthe modelbar asso rant of the subject would give a more ciation. Everyyear there is a turnover accuratereport. in the board of bar commissioners. When called upon to record the ASSOCIATION. and every year there Is a change in limes and retirement of Reggie presidents,but Reggiewas the constant Hamner.Montaigne \\'OIJld classify me as a professional who kept the amateurs poor obsenser, becauseI was a memberof out of trouble.The policyand direction the Boardof Bar Commissioners of the are established by amateurs. some AlabamaStale Bar for the last 20ye-ars of gifted, some mediocre, but amateurs Reggie's tenureas executivedirector. How By ll'illiom IJ• .'icruyy.<, Jr. nevertheless. The organization, staff, ever,I can reportand recordfor the history rules and framework that saJely and of this bar, that all successfully conducted those amateurs, lhe goodand pre r""""'.==c-::;==,---- -==::.====---==------the gifted and mediocre. were the cious few of the handiworkof ReginaldT. Hamner. bad aspectsof the I love lawyers and I am proud of slat.e bar in the last this state bar. l know the hundreds 25 years can be of calamities that have been avoided laid to Reggie and the hundreds of successes that Hamner.Althou gh c.in be recorded, due lo the skill and it is not well work of Reggie Hamner and his known here. the predecessor. the late Judge John B. AlabamaState Bar Scott. • is lookedupon by the restof the bar associations in Wlllla m D. Scrugga, Jr. the UnitedSta tes W1!11am0 . Scruggs.Jr ast he modelbar it !her,enlc)r pattn at In association. u,e firmo l Sc:tuggs. Our struc Jot don Dodd & Dodd w,fotPoyno_ ture, ourdis Ht WM i' men-,et ol c i pl in a r y lhtAlll>lmlSlreBat rules, CLE llolta °'a.. Com>s ...,.,. for .0 yea,l rules, and a11• enda lGOSOl'VOd as the of the rest or tirl t eha11 of lhe Manda• the frame IOI\'Ccni,nuon g l Ol)alEcluo 272 / SEPTEMBER1994 THEALABAMA u\WYER A LIFELONG FRI END ifelong friends, by defi nition.are madewhile we CALLING are young. Over lhe course of a lifetime.they are lhe peoplewith whom A SPADE ~u laugh and. sad but true. with whom you must al times cry. Law school is a special place in my judgment because, SPADE for many of us, it ",as the last opportuni A \ ty 10 form such relationships. As we teamed in "Future lnlere5ts"about the By Champlgons, Jr. creation of a class, certain events must also occur in order for a cl a.ss to be Creeksalways killed lhe messengerwhen deemedclosed. As l look around at this gie to protest the bar meeting taking ht brought bad news.I supposehis suc convention I seeseveral familiar faces place in Biloxi.Miss issippi rather than cessor.Keith Norman,is closeenough to from law school days who entered thal here in Alabama.Reggie did nol recall the sceneby now to knowthat thesediffi. class of lifelongfriends as the relentless this letter-writerhaving attended previ cultiessimply "come with the tun.• march of time pushed us into an age ous bar conventionsand, as you might There ls another side of Reggie that wherefor us that classclosed. expectReggie 10 do, he went to the alten· merits mention.For his friendshe has a Oneof those friendswas ReggieHam, dance records and found confirmation. nerce loyaltythat docsnot wa.xor wane ner. Back when we were in lawschool in Reggie's replyrecited how pleasedhe was with circumstance or popular view or the early'60s, the overwhelmingmajori to learn of the writer's strong interest in poweror influence.Thos e of us dose lo ty of our classmateswas bolh male and bar conventionattendance, contrary to Reggiecan recount tales of a fraternity married. Reggieand I were both bache what one might otherwiseco ncludefrom brother fallen0 11h~rd times whom Reg lors at the time and, without spousal a reviewof the rec-0rds.The confronted gie has newr deserted,the son of a set· ruponsibilities.we fewbachelors tended complainant,I am told, respondednobly retary who received Reggie's help in to congregate.Reggie came from nearby with a one-wordreply, " Touche." getting theUniversity to look with favor Northport and during my law school Another classmate has said that he on a scholarshipapplication, the son or yearshis wonderfulmother addedgener first recalls Reggieas a cheerleader for daughter who needed a recommenda ously to my girth as l was a frequent Tuscaloosa County Hjgh School. In tion, a judge under criticismfor unpopu guest al their table. We often studied many respectsthe spirit lhat led Reggie lar rulings for whom Reggie repeatedly together in marathon sessions on the to that early role has marked his activi· spoke up, a controversialfootball coach eve of exams. Later. we were in each ties over a lifetime.Time and again he lhat Reggiesu pported to the end, and other's weddingand haveremained good has brought his enthusiasm to bear on the anecdotescould go on and on. friendsover the }'eal'S, us as he workedt o increaseour levelof My role today was described to me a The ReggieI met then possessedchar professionalism.I will not here list the fewweeks ago as one who was Loroan acter and personality traits that have galaxy of outstanding lawyers and Reggie as an old friend from the rank servedhi m well in his serviceto the bar national figures that he has brought LO and fileor the bar as opposedto a former and the public. Reggie has a gift of com-entions°'"-er the yearsfor our inspi· bar presidenLI have failedto build a fire instant recall of a vast forest of family ration and education. Nor will I recite big enough for this roast as i look back trees and with ease can reconstruct the the many significant accomplishments over these remarksand realize that they lineageof peoplefrom all over the state. of the AlabamaState Bar under his lead· lackthe requisitesco rch. I knowthat the His elephant-like memory permits him ership.That samecheerleader SJ)irit pro, bar will be in good hands with Keith to store and recalldeeds, both honorable pelled him Lo the presidency of the Norman, but, for me. it will neVl!rbe the and questionable, of all who cross his Universityof AlabamaNational Alumni samewithout Reggie. • path. Fortunatelyfor Reggieand for us. Associationa fewyears ago. he has a strong sense of right and wrong As the bar has grown. many younger that he unhesitatingly applies. Reggie Champ Lrons , Jr. than us have come to know Reggieonly Cham<>Lyons. J• 111 has a franknessthat I find refreshing In as the man who somehow should be O'*MI"'ol IN umtr• these limes when superficialityand sac blamed for the bar examination. Also, s,,yol """'""'" - charine are often a cover for a different Reggie's keen sense of right and wrong ol Lew. wti«I he was ..... o11n1- attitude behind one's back. tl ~u pus makes him play by the rules. Thus, for Law Review.end ti his test he will let you know on the spot others. Reggieis knownonly as the one "*"bet ol n Mol>lt andthe same rule appliesif you fail who had to say that somespecial tnat lim\ ol Hon*IQ. lyone Sims~ u,ac:I\ Ho Underthe headingof the penchantfor menl or requested favor was simply ,..- 1h11w.i"" P calling a spade a spade.1 remember the unavailable.These circumstances remind Gown .... d tor SO,• story about the very prominent lawyer me or the old saying that the ancient VICt lO ContinuingLegal legislator who manyyears ago wrote Reg- EducalJonw, 1990 SEPTEMBER 1994I 273 THEALABAMA LAWYER A GENTL EMAN FRO M ALABAMA hearing from his members about their t was January 19. 1983. I families, their successes and, indeed . had assumed the position . • • HE CARES their concerns. This is why he is so of execum,-edirector of the widely respected in our business TennesseeBar Association NOT ONLY FOR because he caresnot only for those who only two days before. It directly support him but also for those was a rainy, depressing morning,mad .e THOSE WHO who have a similar professional respon worse by the factthat I had to quickly get sibility. accustomed lo new programs and ne," DIRECTLY When I was facedwith a major career personnel.Things "'1:re not going"'1!11. decisionseveral years ago, I sought Reg Shortly after ten o'clock, the recep SUPPORT HIM gie's advice.He said, "ll all boils down lo tionist notined me that "a gentleman your basic instincts. If this is the right from Alabama is on the line." When I BUT ALSO move for you, you already know it. But picked up the receiver a disti nct ly remember, Cil, you also know that this is the era o( artificial turf and that grass southern voice said, "This is Reggie FOR THOSE Hamner. Welcome to bar association truly may not be as green out yonder as management. I just wanted you to you think il is." I didn't take the job and know that the Alabama State Bar is WHO HAVE A I have n~-er regretted it. ready to do anything it can to help you. The linal thing I will always remem I'm anxious to meet you." Arter that SIMILAR ber about Reggie Hamner is his vast convemtion ended, I suddenly felt a lot knowledge of cities and their attrac better. Another professional see.medto PROFESSIONAL tions, both in the United States and the care and even though we had not met, rest of the world. In my vain moments I ReggieHamner wasalready a friend. RESPONSIBILITY used to think of myself as cosmopoli· When we did meet in New Orleans tan ...and then I met Reggie.I sincerely the following month, I realized that believeif 1were going to San Luis Obis Reggieand I had a lot in common. Nol Bu GilbertR. Comp/Jell, Jr .. CAE po nnd I asked Reggieto recommend a only do we share a profession-we both good restaurant, he would simply say. truly enjoy it. We are both lawyersand "You should try the Majesticjust wesl derive a great deal of satisfaction from or the courthouse. Ask for the prime rather excited about il. I remember the promoting the positive aspects or the rib. Oh, and Cil. tell them ReggieHam year that Reggiewas president of Alaba legal system. ner sent you." And we are both great fans of college ma's national alumni association. He My professionalassociation with Reg had many duties including, of course, sports. We agreed early in our friend gie is nearing its end bul it's been a compulsoryattendance at all the Alaba ship that if the SEC had a mumble-peg super ride. We've shared much, laughed tournament , we'd be there. Reggie is ma football games. I called Reggie the much, and had some truly great times week before the Tennessee-Alabama probablythe biggestAlabama ian I ha~-e logdher. Reggie once told me, "You'll known and, since I grew up in Knoxville game and said, "I hate to rain on the live a lot longer and be a lot happier if parade or the national president but ' three blocks from the UT stadium. I you alwaystake your professionserious have met a multitude or Alabamasup. something tells me this is the Vols' ly bul never take yourself too seriously." Porters. While the rivalry has lost some year." Alas. it wasn't, and when I was Thal is now my adopted creed and I or its luster, we both can still gel told I had a call at 8:30 the fol believeil completely. lowing Monday morning, I I'll miss my association with him bul knew who it would be. Reggie i'm sure that we'll continue to visit simply said, ''Your weather occ.'lsionally. I'll continue to seek his forecast got substantially counsel and will value his insight into revised about 4:00 p.m. Satur politics, management, southern philos day." ophy and life in general I know we will In order to be successful in remain good frie-nds... except, of course, association management. one on that third Saturdayin October. • has to be a "people person " and Reggie Hamner is a peo ple person non poreil. He gen Ollbe rt R, C8ff\Pb 274 / SEPTEMBER1994 Ti IE ALABAMALAWYER A STATESMAN , A FACILITATOR , which probate judges collectedoccupa tory, administrative,licensing, mem ber A VISIONARY tional licensefees from members of the ship servicesand legislativeaffa irs during fewweeks ago a candidate bar. The chaosof the formersystem gave a periodof growthfrom fewer than 1,500 for the position of e.~ecu way to a plan by which the state bar lawyers in 1969to its present member tivedirector of the Ameri receivesthe annual license fees and was ship in excess of 10,000 lawyers. The can Bar Association therebyenabled to maintaintigh ter fiscal state bar's headquartershas been exten telephonedto ask. ''What controland more accuraterecords. sivelyremodeled and enlarged to provide m -The ultimate facilitator who isa rare does an executivedirector do?" For the more than fivet imes the space available ensuing hour and a half I sharedwith the combinationof executive, manager,o rga in 1969. All state bar operations and inquirer my experienceand my thoughts nizer and financial counselor.Under Reg . recordshave been fullycomputerized and about U1ero le of the executivedirector of gie's leadership, the bar staff has grown a growing list of membership services a bar association.I t later occurredto me from four to 30 employeesand the annu includes life and disability insurance, that I might have shortenedthe conver al budget from less than $500,000 to professionalliability i nsurance, discount sation substantially with a two-sentence nearlyS3 million.H e directedthe regula- ed computer assisted legal research, answer: ''The ideal executive dfrector reducedcosts of overnight mail service, does what Reggie Hamner has been and a host of other innovationsr espond doing for the past 25 years on behalfof ing to the needs of the members of the the Alabama State Bar. Copy Reggie state bar. Hamner!" -A visionary with boundless energy There are three special qualities that and the highest level of creativity. Over havebeen the hallmarkof ReggieHamn ''COPY the past 25 years, the grievancesystem er's unstinting service to the lawyersof and the admissions operationsof the bar Alabamaand to those whom the profes havebeen revised,a new Codeof Profes sion serves: REGGIE s iona I Conduct has been adopted, -A statesmanwho has been a catalyst a MandatoryContinuing Lega l Education and a self-effacingleader. R eggie'sefforts programhas been put in place,th e Attor led to the initiationof the bar leadership ney's Insurance Mutual of Alabama has conferences to train local bar officers, HAMNER'' been created to providep rofessional lia section leaders and state bar committee bility insurance for members of heads.During h is tenure the governance the bar, and a statewide lawyer referral procedures for the state bar have been service has been created. The Alabama By Berl H. Early revised to enlargethe sizeof the boardof State Bar FoLmdation has been created bar commissioners according to the pop and the Alabama Law Founda ulation of each judicial circuit and to tionwas fo undedin 1987 allow for the election of the president to administer fundsgen elect by mail ballot. He led the Alabama erated from interest State Bar's successful efforts for the earned on lawyerstr ust adoptionof a new judicial article to the ac-counts, thereby pro Alabama State Constitution. Por this vidingfunds fo r legal ser effort, the AlabamaState Bar received the vices to the poor, the annual "Award of Merit" of the American enhancement of the Bar Association. Underhis directionand administration of justice leadership, the AlabamaLegislature was and studentsc holarships. prevailed upon to change a system by In 1969, ReggieHamn er, at the age of 29, became the youngestp er Bert H. Early Bert H Early was lhe son ever named to head a execulive directorof state bar professionalstaff. the AmericanBa r Today,25 years later, he is Associatloo from 1964 to 1981 He the senior state bar execu currentlyi s presidon1 tive in point of service in ol lhe American Bar the United States. He has, Endowment and a member of the board through his statesmanship, of directorso f !he his leadership and his American Bar Foun vision, achievedand exceed dation. He is prest• den t of EarlyC ochran & Olson. a Chicago ed the highest standards of based executivesea rch flrmI.hat focu seson professional service and is retaineds earchei forsenior l evel la,vyers for the embodiment of what an corporations and law firms. executivedirector can do. • THEALABAMA LAWYER SEPTEMBER 1994/ 275 LEGISLATIVEWRAP-UP By ROBERT l . McCIJRLEY.JR. Constitutional amendments ment which would give basic rights to Miscellaneous In 1901, Alabamapassed its current crime victims. The amendmentprovides topics for counties constitutionwhich is the sixth and ~tesl that the Legislaturecan pass legislation Eleven counlies have constitutional of Alabama's conslitutions. Previous to give crime victims the right to be pre amendments dealing with various sub· constitutions were approved in 1819, sent at all s~ of criminal proceedings jects from compensationof the probate 1861, 1865, 1868, and 1875. In 1969,a and Lhe right to be consulted at the Judgeto the electionor the countyboard constitutional commission was created hearings. of educationand other matters. by the Legislature. Out of that came Another amendment prohibits the Miscellaneous topics Amendment 328, the "judicial article•, establishmentof a supernumeraryposi · statewi de which was approved in 1973. The bal tion for certain officialsand allowsthose An amendment lncrease5 Lhesize or ance of the proposal is yet to be acted affectedl o participatein the employees' the Judicial Inquiry CommiSlion and on. In 1983, the Legislature passed a retiremen t system. An additional "cleanedup" versionor the 1901 Consti the Court of the Judiciary Loadd a dis tution only to seeit ta.ken orr the ballot trict judge to both. by the supreme court when it ruled that Another constitutional amendment the entire constit ution could not be amends the "Callahan Amendment", amendedby one amendment. Amendment No. 425, which was an In 1993, Lhe Alabama Legislature alternate way of amending the Alabama passed a joint resolution, Act 93-845, Constitution that required only the directing the Alabama Law Institute to county affectedt o vote on Lhe constitu study and presenl to the Judiciary com tional amendment.T he constitutionality mittees of the Legislature recommenda of this procedure wasqu estioned by the tions foramend ments lo lhe constitution United States Justice Departmentund er on an article-by-article basis. §5 or LheVoting Rig hts Act o! t965. The The 1901 Alabama Conslitulion cur AttorneyGenera l. in an opinion lo Gov rently has 554 amendments. Jn June lhe ernor Jim Folsom on April 10, 1994. rec people of Alabama approved the last ommended the repeal of Amendment three of these amendments; a fourth 425 and that a new amendment be pro posed. This conslilutional amcndmenl amendment that was proposed was amendmentprovides that certain county (Act. 94-611) meets the objectionable rejected. ad valorem tax officialsmay participate parts and will again allowonly the coun During the 1994 legislati,-eterm, 28 in a retirement systemin lieu or a super constilutional amendments were numeraryprogram. ty affectedto \'Olewithou t the necessity approved by the Legislature and are or a statewidevole on everyissue . awaiting a statewide,,ote of the people Court cost.s Alabamahas long been cited to ha\'e in November. Three amendments allow counties to the longest constitution In the UniLed Impose additional court costs. The States. ILappears thal It is only going to Statewide amendments amendment for Barbour County is get longer. Ad 94.349 is a constitutionalamend · specificallyfor jails, and the other two For further information, contact Bob are for Sumter and Tal@poosacounties. McCurley,Alabama Law Institute, P.O. Box 1425, Tuscaloosa, Alabama35486, FREI ·. ('\f\ 1.0( ; Fire prote ction and or call (205) 348-7411.FAX (205) 348- emergency medical services 8411. • Four counties (Covington,Tallapoosa, Blount and Elmore) have amendments Robert L dealing with raising la.xes within their McCu,ley , Jr . jurisdiction to providefor fire protection F!obonL. McC.-ley. J• and emergencymedical services . II med1ttetot ot mo S1, nd-Up Dosks• Rrl'olvin2 UookC'IIS 276 I SEPTEMBER1994 THE ALABAMALAWYER £ The~if GarrisonBarrett Group Aa C Httl (' I UJ L INtl alOl U l,.J I C N functionaland MStheric af{ices for la1• Pmu, carrfully desigmd ro rcjlectrhe desired imageof a panicularpr1JC1ice, requires rh e mLliti1,1yof an experiencedarchitmure and interiorsPnn. The GarrisonBamrr Grouphas ~rwicled design services, Including facilityprogramming and space planning, for prominent legal firms throughout IM Soutl!Lasrand hasbeen recognkcd by rl!L ABA JOURNAL for iu design<114'0l'd.s. 810 SHAD ES CREE K PARKWAY • SUITE HOO • BI RMINGHAM, AL JS!09 • !OS-S70-J090 A.BourMEMBERS, AMONG FIRMS C. Thomas announce the formation of Kloess. Officesare located at l 15 Goldth ABOUT MEMBERS Smit h & Thomas, L.L.C. Offices waite Street, North, Montgomery,Ala ba are located at 132 ~·irst Street, ma 36104. Phone (205)263-5282. VickieE . Houseannounces the reloca South, Alabaster. Alabama 35007. The tion of her office to 8051 Highway31, mailing address is P.O. Box 586, Lee & Sullivan announces that Ann Calera, Alabama. The mailing address is Alabaster 35007. Phone (205)663-6929. Goodnerhas joined the firm as an associ P.O. Box 160, Calera35040 . Phone (205) ate and William L. Mathis, Jr. is no 668-2800. Curtis Wright, JJ announces his asso longer affiliated with the firm. Officesare ciation with the firm of Dortch, Wright located at 2001 Park Place, North, Suite Braxton Wagnonannounces the relo & Wright.Offices are locatedat 239 Col 500, Park Place Tower. Birmingham, cation of his officeto 2153 14th Avenue, lege Street, Gadsden, Alabama 35902. Alabama35203. Phone (205)323- 1061. South . Birmingham, Alabama 35205. The mailing address is P.O. Box 405. Parker. Brantley & Wilkerson Phone (205)933-0031. Gadsden 35902-0405. Phone (205) 546- announces that Darla T. Furman has 4616. Ginette A. O-Owanno unces the reloca joined the firm as an associate. Offices tion of her office to 1.821 Third Avenue. Sirote & Permutt announces that are located al 323 AdamsAvenue, Mont North, Bessemer,A labama 35020. Phone RodneyA. Max has joined the firm as a gomery. Alabama 36104. The mailing (205)425 -2223. shareholderand that Lynda L. He.ndrix, address is P.O. Box 4992, Montgomery Steven L. Cocbrun announces the Charles I. ~liddleton, J, Scott Sims, 36103-4992.Phone (205)265 -1500. MatthewA. Vega, and Cail C. Washing relocation of his officeto 3928 Montclair Anthony L. Cicio, Sr. announces that ton have joined the firm as associates. Road, Su.ite 217. Birmingham,Alabama Anthony L. Cicio, Jr. has become an The firm has offices in Birmingham. 35213. Phone (205)879- 7228. associate with the firm, and the firm Huntsville, Montgomery and Mobile, name has changed to Cicio & Cicio. David B. Karn, former ly assistant Alabama. attorney general for the AlabamaAttor Officesare located at Cicio Professional ney General's Office, announces the Miller, Hamilton, Snider & Odom Building, 2153 14th Avenue, Sout h, opening of his office at 402 Lay Dam became a Limited Liability Company Birmingham, Alabama 35205. Phone Road, Clanton. Alabama 35045. Phone under the provisions of Alabamalaw and (205)939-1327. (205)280 -0940. is now Miller, Hamilton, Snider & Jay Waller, formerly a partner with Odom, L.L.C.E. Barry Johnson, Eric J. Jonathan E. Ozmint , formerly on Haskell. Slaughter, Young & Johnston. Dyas and Jean M. Powers have become active duty in the U.S. NavyJudg e Advo announces his association with Don associates with the firm's Mobileoffice . cate General's Corp, announces he is Springmeyerof Reno. Nevadaand the for Officesare located in Mobileand Mont assistant solicitor for the Tenth Judicial mation of Springmeyer& Waller. Offices gomery,Alabama a nd Washington,D .C. Circuit in South Carolina. The mailing are locatedin Reno.Nevada a nd Birming address is JOOS. Main Street, Anderson, Johnston, Barton, Proctor, Swedlaw ham, Alabama. The Birminghamo fflcei s South Carolina29621. Phone (803) 260· & Naffannounces that Lee M. Pope has locatedat The Park Building,2140 11th 4046. Ozmint is a 1990 admittee to the joined the Ihm as an associate. Offices Avenue,South , Suite 422. Birmingham AlabamaState Bar. are located at 2900 AmSouth/Harbert 35205.Phone (205)933-9983. Luther J, Strange, m, formerly direc Plaza, Birmingham, Alabama 35203- Ban")• S. Marks, formerly of Haskell. tor, federal affairs,Sonat Inc., announces 2618. Phone (205)458-9400. Slaughter. Young & Johns ton. has become a shareholder with Berkowitz, the opening of his offices in Birming Olschner & Associates announces ham, Alabamaand Washington,D .C. Lefkovits,Isom & Kushner. Officesa re that Ann L. Witherspoonhas becomean located at 1600 SouthTrust Tower,420 E. Britton Monroe, formerly with associatewith the firm. Officesare local N. 20th Street, Birmingham. Alabama ed at #17 OfficePark Circle, Suite 100, Burr & Forman. announces the opening 35203.Phone (205)328-0480. of his office at 205 20th Street, North. Birmingham , Alabama. The mailing Suite 4 I0, Birmingham, Alabama35 203. address is P.O. Box531228, Birmingham Rives & Peterson announces that Phone (205)252-0844. 35253.Phone (205)879-9905 . ValerieT. Kisor has become an associ ate. Officesare locateda t 1700 Pinancial Alva M. Lambert, formerly a deputy Center, 505 N. 20th Street, Birmingham, AMONG FIRMS district attorney for the Fifteenth Judi Alabama35203 . Phone (205)328-8141. cial Circuit. and Branch D. Kloess, for Stanley K. Smith, formerlyof Porter merly of Glassroth & Associates, Owens& Carverannounces U1atAlyce field. Harper & Mills, and Robert announce the rormation of Lambert & Manley Spruell, formerly assistant dean 278 / SEPTEMBER 1994 THEALABAMA LAWYER and director or Law Dewlopmentat the associate. Offices are located at 3821 Sasser & Littleton announces that Unh·ersityof AlabamaSchool of Law.has Lorna Road, Suite 101, Birmingham, Clifton E. Slaten and Michael Brady joined the firm. omces are located at Alabama35244 . Phone (205)733-9455. O'Connor have become membersof the 2720 6th Street, Tuscaloosa. Alabama firm. Offices are located at Colonial 35401.The mailing address Is P.O. Box T. E. Buntin, Jr .., formerlyof Buntin, Financ ial Center , One Commerce 031707, Tuscaloosa35403 -1707. Phone Cobb& Shealy,Stephen 'r . Etheredgeand Slreet, Suite 700, Montgomery,A labama (205)750-0750. Lexa E. Dowling announce the 36104.Phone (205) 834-7800. formation of Buntin. Etheredge & Douglu J. Fees announces that Jef· Dowling. Officesare located at 185 N. Derrell O. Fancher and David 0. frey K. Crimes and L. Caroline.McGe OatesStrttt, Dothan.Alabama 36303. The Catch announce the formation of hee have become associates with the mallingaddress is P.O.Box 1193,Dothan Fancher & Catch, with officeslocated at nrm. Officesare locatedal 401 Madison 36302-1193. Phone(205) 793-3377. 407 l,ay Dam Road, Clanton, Alabama Street, Huntsville, Alabama.The mail 35045.The mailing addressis P.O. Box ing address is P.O. Box 508, I luntsville Barker, Janeclcy& Newel.Iannounces 185,C lanton 35045. 3580I. Phone(205) 536-1199. the firm's name has been changed to Janeclcy,Newe ll. Poll$, Hare & \Veth, Mc.ClincbeyStafford Lang announces John A. Russell. Ill announces the and that E. B. Strong has become an that Elena A. Lovoy, formerly association of Patriclc J. Anderson . associate. Officesare located in Mobile with CompassBank. has joined the finn Officesare located al 202 BroadStreet, and Birmingham,Alabama. as an associate in lheir New Orleans Aliceville,Alabama. The mailing address ofnce. The mailing addressis 643 Maga is P.O. Box333, Aliceville35442. Phone M. Cl3y Ragsdale announces that E. zine Street, New Orleans, Louisiana (205)37.l-8714. Ansel Strickland, formerly an associate 70130-3477. Phone (504) 596-2865. with Johnston, Barton, Proctor, Swed Lovoyis a 1987admittee to the Alabama Harwell E. Coale, Jr. and Gilbert P. law & Naff, has become an associate. State Bar. Duku, Ill announct the formation of Officesare located in the F'arleyBuild Coale & Dukes. Officesare located at ing, 1929 Third Avenue. North, Suite Morgan. Lewis& Boclrius announces 51 .I) Tacon Street. Mobile, Alabama 550. Birmingham, Alabama 35203. that John E. Daniel has joined the firm 36607.l'hone {205)471-2625. Phone (205)251-4 775. in its Washingtonoffice as of counsel. Daniel ls a 1964admittee to the Alaba· Eyster. Key, Tubb, Weaver & Roth Webb & Eley announces that Prank ma State Bar. • announces that Jolin R. Baggette, Jr. E. Bankston,Jr. has becomean associ• has become an associate. Offices are ate. omces are located at 166 Com located at 402 E. Moulton Street, S.E., merce Street, Suite 300, Montgomery. \IEDICALDE:\T\L 11.\LPRACTICE Decatur. Alabama3560 I. The mailing Alabama36101. The malling address is E.\PF.RTS address is P.O. Box 1607, Decatur P.O. Box238, Montgomery36101-0238. 35602-1607.Phone (205)353-6761. Phone(205) 262-1850. Bell Richardsonannounces the asso B. Judson Bennington, Ill an ciation of Tammy L. Fruler . Officesare nounces his promotion to !15Sistantgen located at 116 S. Jefferson Street. eral counsel, Intergraph Corporation. Huntsville, Alabama. The mailing The mailing address Mail Stop HQ034, address is P.O. Box 2008, Huntsville Huntsville,Alabama 35894-001. Phone 35804.Phone (205)533-1421. (205)730-2521. Holberg & Holberg announces Frnn k Howard Hawthorne, Sr. , that Michael Ralph Holberg, rormerly formerly of Balch & Bingham, and lo,, clerk to the Hon. Edward8. McDer Frank Howard Hawthorne, Jr. mott, has become associated with the announce the formation of Hawthorne firm. Offices are located at 804 Com & Hawthorne,L.L.C. Ofnces are located merce Building. I 18 N. Ro)•alStreet, al 207 MontgomeryStreet, Suite 1100. Mobile. Alabama 36601. The mailing Montgomery, Alabama 36104. Phone address ,s P.O. Box47. Mobile 36601. (2051269-5010. Phone (205)432-8863. Wilmer & Shepard announces that WIiiiam Wiley Horton. formerly a shareholder with Haskell, Slaughter, Waller A. Kelly has become a partner. Officesare located at I00 Washington Young & Johnston. has joined HEALTHSOl1TH RehabilitationCorpo Street, Suite 302. Huntsville.Alabama ration as group vice-president,legal ser 3580I. Phone(205) 533-0202. vices. Offices are located at Two Woodall & Maddoxannounces that Perimeter Park. South. 13irmingham. Morton Brian Slaughter has becomean i\lnbama35243. Phone (205)967 -7116. THEALABAMA LAWYER SEPTEMBER1994 / 279 July 18-21 , 1994 Perdido BeachResort · Orange Beach, Alabama 9 Mrs. Ramo (right) with .Grande Convocationspea ker Ashley Dickerson of Anchorage (@ a Plenarysession speaker Dr. BowenF. Rober/aCooper Ramo, president White, who discussed managing stress, elect nominee of the ABA, keynote with PresidentSpud Seale speakerof the Bench & Bar luncheon mThe Harmon Drew Group entertains al the F/ora-Bama. mPresident and Mrs.Seale (center) withJudicial a Members enjoy rece t · "RedneckRiviera" them P 'sonat !he famous Awardof Merit , r,ora- ama recipient Judge WilliamR. Cordon and his wife, Hester,of • Montgomery. - I ~· ...... ~,=- -_,.,\..Y',;i...... , ...... --- - t::.iL.% ...... -.~~..,, 280 I SEPTEMBER1994 THE ALABAMALAWYER w~~l@lW~~~~w~~ ANNUALMEEEtiNG Softwar ince, Huds,De ~ More··7l,~ [Q)Membars enjoyvisiting boothsat uga/Expo '94 Ci rhe beachside Membership Receptionwas held Tuesday eveningal the Perd/doBeach Resort. -'",. ..~, .JJI .Jn· ~ Tuesday's featured speaker, Nichoel Josephson,discusses "Ethics Beyondthe Code.• ~ h Ch'/dren · Carnivalsponsored by Insur- ~ Childrenplayed gamesand UJOl'Iprizes all e , s anc:A1Specialists , Inc. of Atlanta. .. Jlf '.lr"""" -., =-~..,....c~ ~ ,,._,--= ,.,-'••"' 1t ..... Jlf v ..ua.-. ~:-=-...... -c~ THEALABAMA LAWYER SEPTEMBER1994 / 281 \ 9 . Panel m~mbers, left to right, Judge Inge Johnson, Martha Barnett , Cath :rdhl and V11yma Cr~nade gathered for breakfast before their presentation~ e nesV.day for Womm Ill the legal Profession." Nol pictured is panel member the Hon. anzetta Pmn McPherson. ~ Participants of the golf tourna ment al the Collon Creek Course. Craft Farms al Richard Bell and Rodney Max, two of the participants in Wednesday·s ·'How lo Present a Casein Mediation · 9. Featured. speaker Ash/ Dickerson a/ Thursday's C ~!I ~ Robert P. Dennistonof Mobile, Convocation ran e recipient of the Award of Merit ii.:% ::i"..U.._,..,:-of'f'I~~~7~4'A.t,•~ 11.A ii.:%YA.4.._,..~-- .....~~ 282 / SEPTEMBER1994 THE ALABAMALAWYER •~~~~w~~.,~~ ANNUALME.EffNG EBReggie and Anne Hamnl!Twilh humorouspor trait rdlecting his 25-year careerat the stole bar ~ Tull Ba,·relt of Opelikawins the grand prize Thursdag,on IBM ~ Afva Lambert of Montgomerypre · laptopcomputer . s,mts •remarks"from noted Alabamians in honor of Reggie liamner's upcoming retirement. EBPast Presidl!TltSpud Seale al Montgomery, '94-95 President Broo)( Holmesof Mob,1eand President-electJohn Owensof Tuscaloosa EJReggie Hamnl!T reflects on his time as exec· utiuedirector and thanks bar memberS, THE:ALABAMA IA\VYER SEPTEMBER1994 / 283 NOTICETO ALLALABAMA STATE BAR MEMBERS ARE NOW AVAILABLE! ALTERNATIVEDISPUTE RESOLUTIONHANDBOOK WITHMEDIATION MODEL The Alabama State Bar's Task Force on Alternative Dispute Resolution has prepared a handbook addressingal terna tive dispute resolution (ADR)p rocedures currently availablein AlabamaWi th a focus on mediation. The purpose of the handbook is to provide a useful tool for judges and attorneys in utilizing ADRin Alabama. (Allj udges will be pro vided a copy through the Alabama Judicial College.) The handbook can be purc hased by sending the order form below with your check , payable to AlabamaState Bar ADRCenter. r------, ALTERNATIVEDISPUTE RESOLUTIONHANDBOOK WITHMEDIATION MODEL ORDER FORM Address------State______Zip___ _ Cicy------~ Telephone No. ______ For orders of less than 20 - Send __ copies of tbe ADR Handbooka t Sl0.00 per copy for a total of s___ _ For orders of 20 or more - Send __ copies of tbe ADR Handbookat $8.00 per copy for a total of s__ _ _ Jllakecheck payableto: AlabamaS tate Bar ADR Center and mail to AlabamaS tate Bar c/o Keith Nonnan P.O. Box 671 Jllontgomery, AL 36101 L------~ 284 / SEPTEMBER1994 THE ALABAMALAWYER BUILDINGALABAMA'S , SUMTER ~COUNTY COURTHOUSES I SUMTER COUNTY COURTHOUSE By SAMUELA. RUMORE,JR. The following contfnues a history of Alabama's county courth ouses-their origins and some of the people who contributedto theirgrowth. T he Alabama laWfll!Tplans to nm Ol1I! rounty'sstory in ecch issue of tlw magazine.11 you ha11e ony photograph.! of early or present court houses, p/11as11forwa rd them to: Samuel A. Rumore. Jr., Miglio11ico & Rumore.123() Brot1'fl MarxTower , Birm· ingham,Aloboma 95203. SUMTER COUNTY he area that is now Sumter County has an extremely colorful pasL ILis located in the middle of what were Side m11ro1tN,Su,nt~ Co,n11vCoutthouse Donce the Choctaw Indian lands, and the Tombecbeonce stood. ln 1820, a further made the first of severaltreaties with the territory was a center for trade. The Choctawnation whose landcovered most land cession took place, leaving the European p<>Wers,France, England, and of present-dayMississippi and a portion of Choctawsonly a fractIon oi their formtr Spain, all competedfor influencethere. \\'eSlernAlabama. Each treat)' guaranteed lands in Mississippiand only the areas of The first significant and continuing hunting rights, promised protection. and present-day Sumter and Choctaw coun· European contact in the area took place in provided for Lradingposts. l lowever, the ties in Alabama. 1735when the l'rench began construction Choctaw lands. including the territory The final act in the disappearance of of FortTombecbe as n tradingand military that became Sumter County, are fertile, the Choctaw nation from the southeast outpost. It was locatedon the Tombigbee agricultural areas. which attracted coUon took place in 1830. The United States River near present-day Epes in Sumler planters whose lands in the east were Congress passed the Indian RemovalAct County. In 1763, the French lost their being depleted. Settlers kept pressing thnt year authorizing President Jackson North American holdings, and the fort southwestward, violating Indian treaty to force the Indians to move west of the came under Britishcontrol. They renamed rights and pressuring the gowrnment lo MississippiRiver. By the Treaty or Danc It Fort York. It was never sm:cessful in open up Indianlands for settlement. ing Rabbit Creek, September 27, 1830, British hands because they failed to win In 1801, the Choctaws ceded land on the Choctaws $igned away the rtst of Choctaw friendship. The British subse the MississippiRiver Lo the Uniud States. their lands. They moved to Oklahoma quently abandoned the forL In 1780, the In 1802, they gaw up some of their land and Arkansas between 1831 and 1833. Spanish claimedthe area, rebuilt the fort. in southwe.,tAlabama. I n 1805,five m il The stage was now set for the creation of and renamed it Fort Confederation. IL lion more acres were ceded by the treaty Sumter County,A labama. remained in Spanish hands only briefly of Mt. Dexter.In 1816.they signed anoth Asa direct result of the Indian remo\'al because the Treaty of Versaillesof 1783 er treaty giving up all of their lands east law. a vast amount of territory came awarded the land north of 31 degrees of of the TombigbeeRiver . This treaty \\'35 under Alabama control. The Alabama latitude, which included the fort. to the signed al the trading post of George Legislature created ten new counties on United States. Gaines. a United States Indian agent, Oecember 18. 1832.Nine of U,e counties In 1786. the United States government about I 00 yards from where Fort were in the eastern part of Alabamaand THE ALABAMALAWYER SEPTEMBER1994 1285 were derived from Creek and Cherokee county seal: Fisher's Store; Hickory aid of Jackson in securing victory over lands.T hese counties were Barbour, 'Ben Hill, which was also called Sumterville; the British in 1815. ton (later called Calhoun), Chambers, the Chile's Place; and an old Choctaw Livingston practiced law and became Coosa, Macon, Randolph, Russell. Tallade site where Livingston stands today. On prominentfor his work in simplifying the ga, and Tallap00sa. One countywas creat the next day all seven members attended Louisiana Code. In 1820. he was elected ed in west Alabama from the Choctaw the meeting, and the Livingston site to the Louisiana Legislature. In 1822, he lands: Sumter County. When the former rece ived a majority of votes. It has returned to Congress, this time as a Rep Indian lands came on the market for sale remained the only count y seat for resentative from Louisiana. In 1828, he and homesteading in 1832,many of those Sumter County. was chosen to serve in the Senate, In attracted to its fertile promisewere from The Lownof Livingstonwas named for 1831, his old friend Andrew Jackson the Carolinas and Virginia. EdwardLivi ngston of NewYork, who was appointed him Secretaryof State. It was Sumter was named for at this time lhal Liv GeneralT homas Sumter. a ingston, Alabama was Revolutionary War hero in named in his honor. In South Carolina, who had 1833, he became Minister died on June 1. 1832, just to Prance, and in 1836 he as the Indian lands were died in New York state, opening up. Sumter had fivedays short of his 72nd been born near Char birthday. lottesville, Virginia on The first courthouse in August 14, 1734. As a Sumter County was a Jog young man he was structure erected under involved with military the direction of the origi expeditio ns agains t the nal commission , most Cherokees. He married a likely in 1833. It was South Carolina woman in located near the intersec· 1767. tion of West Main and Sum ter gain ed great Spring streets. The floor fame during the Revolu consisted of logs planed tionary War, earning the Sumter Counlg Courthousefront entrance off to form a smooth sur- nickname "Gamecock of face.The walls had cracks the Revolution". He kept between the Jogs.Specta lhe largest body of militia under arms in Secretaryof Slate under AndrewJackson tors often took advantageto observe pro the colonies and used them to fight at the time Sumler Countywas created. ceedingsfrom the outside. British regulars. He also waged warfare Livingston was a lawyer, born in 1764, Early county records indicate that the through surprise raids against the who servedas UnitedStates Congressman building cost $149.50 to construct and British in South Carolina. His efforts from NewYork from 1794 lo 1800. While $40 to finish on the inside. On January forced the British to withdraw from the in Congress he became friends with 23, 1834, the county treasu rer was Carolinas, and this directly led to the Andrew Jackson, then a Congressman authorized to pay Jacob Allen for his ultimate British surrender at Yorktown. from Tennessee. A highlight for Liv services. These figures were well within After the war, Sumter was elected by ingston's congressionalcareer took place the statutory limit of $800 that was set South Carolinato the first United States when he voted for Thomas Jeffersonover for this purposeby the Legislature. Congress.He later served from 1801 to AaronBurr in the first presidentiale lection The first court held al the courthouse 1810 in the United States Senate. He decidedby the Houseof Representatives. was organizedby Judge Sion L. Perry of lived to the very old age of 97 and still Livingston left Congress lo become Tuscaloosa.Tradition in Livingstonalso rode horsebackuntil the dayof his death. UnitedSlates Attorneyfor the Districtof Fort Sumter, South Carolina was named New York, and he was appointed mayor of New YorkCity. In December1803 he Samue l A. in his honor, and the athletic teams of Rumore, Jr. the Universityof South Carolinato this left NewYork in the midst of a financial SamuelA , Rumcwo.Jr. day are called the '"Fighting Gamecocks" scandalwhere a trusted friend had stolen Isa 9radvateot lhe in memoryo f the old general. money from the city. University01 Notre Livingstondecided to start a new life Dameand the On January 12, 1833, an act oi the UnMHSityol Alabama Alabama Legislature set up a seven for himself in the Louisiana Territory. Schoolof LawH,e member commiss ion which was He arrived in New Orleans in February servedas founding 1804. He immediately became a person chail"l)8(sonot 1he appointed to organize county govern Alabama&.a te sar·s ment and to select a site for the new of innuence. During the war of 1812, FamilyLa w Section county's courthouse. At its first meeting, Livingston assisted Andrew Jackson al e.ndIs 1npractice In the Battle of New Orleans. It was Liv B1nn1nghamwith the fi rm of Mighonioo& Rumore only six members attended. Four loca Rumo,oMtrvcs as theb8J COO'll'ntSS«)Mffor lhe ;oth tions were placed in nomination for ingston who brought Jean Lafitteto the Circuit. ptace numberlour 286 / SEPTEMBER1994 THEALABAMA LAWYER recountsth.it severa l o( the early religious lieutenantgovernor of Alabama. denominaiions In the town used the Architects for lhe new courthouse courthouseas their meeting place from were Ausfeld& Chapman. The builder 1833lo 1836until they couldconstruct wasC. H. Dabbs& Company. their own church buildings.Thus, this The building is constructed of brick, structure was important lo the political, terra-cotta, and stone. IL contains two religiousand sociallife o( earlyLivingston. stories.an attic, and a clock tower.The The log courthouse served Sumter dimensionsof the buildingare 140 feet County until 18371,i,en a newbrick struc long by 80 feet wide. It has four ture was buill. This buildingwas a great entrances.Th e structurewas built in the visualimpr THEALABA MALA WYER SEPTEMBER1994 / 287 BAR BRIEFS • David A. Garfinkel, a partner In the elected new officers. The new president National Alumni Association,Cumber Jacksonville, Florida firm of Datz, is Albert C. Bowen,Jr.; president-elect. land School of Law,Sa mford University. Jacobson. Lembcke & Garfinkel. has VirginiaA. Vinson; executivevice-presi· A 1970 Cumberland graduate, Caine been designated by The Florida Bar as a dent. John A. Lentine; secretary, John is a former AlabamaS tate Bar president board-certified marital and family law C. Robbins;treasurer, Donald L. Colee, and practices with Hare. Wynn, Newell lawyer. Garfinkel is a 1983 admittce to Jr.; and immediate past president, C. & Newton. the AlabamaState Bar. TommyNail. • Boyd F. Campbell of Montgomery • William Burton Hairston, Ill and • Judith F. Todd, with the Birming was recently appoin ted chair of the Edgar Meador Elliott , II I, both of ham firm of Sirote & Permutl , was Immigration Law Committee in the Birmingham,were recently elected rel recently elected a Regent (a member of General Practice Section of the Ameri· lows of the AmericanBar l'oundation. the governing board) of the American can Bar Association. Established in 1955. Fellows encour· College of Trust and Estate Counsel. The Section represents approximately age and support the research program The American College of Estate and 13.000 lawyersthroughout U1ecountry, of the American Bar Foundation. Trust Counsel is an international orga. and has 60 committees. Campbell is Hairston,of the firm of Engel, Hairston nization of lawyers who are skilled and with the firm of Campbell Warner & Johanson, is a l 983 graduate of the experiencedin the preparation of wills McBryarof Montgomery. Universityof AlabamaSchool of Law. and trusts; estate planning; probate • Henry H. Self, Jr., a partner with Elliott, of the firm of Rives & Peter procedure;and administration of trusts the Florence firm of Self & Self, recent son, is a 1953g raduate of the University and estates of decedents, minors and ly became a Fellow of the American of AlabamaSchoo l of Law. incompetents. Collegeof Trial Lawyers.T he Collegeis • The Greater Birmingham Criminal • Birminghamattorney Al•a C. Caine a national association of 4.700 Fellows Defense LaWYersAssociation recently recently became the president of the in the United States and Canada. • Notice ProposedAlabama Rules of Evidence The AlabamaSupreme Court has pending before il a propo~d set oi AlabamaHules of Eviden,e. Those rules as first proposedwere published in lhe So. 2dAdvanceSheet dated May1 3. 1993(special A labanv, edition). Following lhat publication.the court acceptedaad consideredcomments to those proposedrules. Those proposedrules have beeh revised,and as revi~d, are alJain pending beforethe court. A full-textpublication of those revised proposedrules appe.,rsin a So. 2d AdvanceSheet dated on or about August 18. l994 (specialAlal;,a ma edition). The court again invites comments regarding those proposed AlabamaRules of t~vidence(as revised).Comments should be in writing and-shouldbe filedwith Robert C. Esdale.c lerk of the AlabamaSupreme Court, Judicial Build ing, 300 Dexter Avenue,Mon tgomery, Alabama36104-3741; comments must be filed no later than Elecember30, 1994. GeorgeEarl Smith Reporter of Decisions AlabamaAppellate Courts 288 / SEPTEMBER1994 THE AJ..ABAMALAWYER OPINIONSOF THE GENERALCOUNSEL By ROBERTW. NO RRIS, generalcounsel Answer. 'That , in e55ence,M s. D. has quit and she will "In June of 1988 C. S. came lo me for advicein not be returning to work.' regard to her work-related injury while in the employ of S.A.C.on or about February 4, 1988. "Subsequentlythe defendant, S.A.C.. noticedmy depositionand m During the course of my representationof Ms. s.. it was taken in part but not concluded on the 6th or March, 1991. metscame lo my attention which would indicate that she was "At my depositioncounse l for the defendantraised questions harassedby the emplo:,,erand more partlcularly, its plant nurse. about the proprietyof me continuing to representmy client and J had a number of conversationswith the attorney for SAC .. the testifyingat the trial of the case and cited DisciplinaryRule 5- personnelmanager for SAC., a rehabilitation nurse hired by the 101( BJ of the CODE Of' PROFESSIONALRESPONSIB!LITY Of' workmen's compensation carrier, and two employees of the THE AI.ABAMASTATE BAR. I have consistentlymaintained lo workmen's compensationcarrier concerningmy client's medi the attorneys for the defendantsand the court that based upon cal conditionand the factthat I thought she was being harassed the discO\-erythat we have had lo date that it \\'Ouldnot be nee· by the plant nurse. On two or three occasionsI was contactedby essaryfor me to testify in the case unlessthe personnelmanager the personnel manager of the company who desired lo know for the defendantor the workmen's compensationnurse or the when my client would be returning to work. He was quite insis emplo:,,eesof the insurance carrier testifiedas to matters that tent upon obtaining this knowledgebecause he said he needed were discussedbetween us prior lo the instigationof the lawsuit to makeprovisions for replacingher if she would not be back and that such testimonywas contrary to my understandingof and needed lo take care of administrative matters. Based on our conversation. I have not heard anything to date that would Informationthat I obtained I wrote the personnelmanager a let lead me to believe that I would be called M a witness for the ter stating that my client would not be returning to work plaintiff in the case in chief or for impeachment purposes becauseof the recommendationsof her doctors concerning her medicaland mental conditionresulting from her injury. I have enclosedwith this letter a copy of the letter that I sent to the personnelmanager. "Uponreceiving my letter the personnel manager mailed to me a letter stating that he considered that my client had quiLTo CHAP7..13 my knowledgeI had no further conlacl with the pe=nnel man ager after this point. On August28, 1989, I, along with co-coun sel. brought a suit against S.A.C.on behalf of C.S. in the circuit introduces court The suit alleged injuries compensableunder the work I men's compensationlaw of the State of Alabamaand also stated a claim for wrongruldischarge or termination under the Mme NewPI,AN13 "'orkmen's compensationact. These twoca uses of action were later severed for separate trial. Aj ury tr ial was requestedby the plaintifffor the cause of action based upon wrongful termina TheChapter 13 Software tion. thatadapts to differentcourts. "During the course of discoveryt he depositionof the person nel manager, R.C.,Wll.S ta ken by the plaintiffs.At the deposition Mr. C. made the followingstatement when asked about a con Makescomplete plans versationthat he had with me: in 13minutes . Page 132, Lines 13&. 14: Question: 'Okay. Doyou recall anything else that was said in those discussions?' Call800-BEST -7-13 Page 132.Lines 15& 16: Demodisk . References. Moneyback guarantee . Answer: 'The only thing that I remember speciallythat Mr. C. told me was when she quit' SpecialtySoftware Page 132, Lines 17. 18 & 19: 1111S. Woodward. Royal Oak. Ml 48067 Question: 'AndwhM was that?' HIE ALABAMALAWYER SEPTEMBER1994 / 289 against Defendants'witnesses. My feeling is that the only testi 5. If the Defendantscall me as a witness, would I be mony L might give would be for impeachment of one of the required to withdraw?" defense witnesses previouslymentioned if they were to change their testimony or testify to facts that were contrary to my NSWER, memoryo f said communications. QUESTIONONE: ''Becausethe defendantshave made various remarks concern· Yes, the lawyerwitness rule is not applicable to ing the propriety of me representingmy client and testifyingas the pre-trial phase of litigation. a witness at the trial I would appreciate it very much if you IJ could answer the followingq uestions: NSWER, 1. First, can I continue to represent C.S. throughout QUESTIONTWO: the remaining discoveryprocedures in this case? You may represent C.S. at the trial of the work men's compensation action since it is "unlikely" 2. Can I represent C.S. at the trial of the wrongful dis IJ that you would be a "necessary witness". The answer to your charge act.ion and/or workmen's compensation question concerning the representation of C.S. at the trial of lhe action? wrongful dischargeact ion is contained in 3, 4 and 5 below. 3. lf I am called upon to give testimony to impeach defendants' witnesses concern ing my commu NSWER,QUESTIONS nications with them would I be required to withdraw? THREE, FOUR& FIVE: 4. If it becomes apparent that I may be called upon for You must withdraw from the representation of the sole purpose of impeaching testimony given by C.S. in the wrongful discharge action. If, at trial, the defendant's witnesses concerning whether or youIJ are called upon to testify concerning whether or not the not the plaintiff voluntarily terminated her employ plaintiff voluntarily terminated her employment, tmless wilh· ment, may I continue as her attorney and give such drawal at that point would work a substantial hardship on your testi mony or am I required to withdraw at that client. Your withdrawal in this instance would be mandated point? without regard to which party called you as a witness. Your dis qualification in this matter, however,wo uld not extend to co counsel or olher members of your firm. ISCUSSION: WE SAVE YOUR Rule 3.7 of the Rules of Professional Conduct of TIME ... the AlabamaState Bar, effective January J, 1991, continues the traditional and well-established propositionm that a lawyerwho represents a client in a litigated ~ ""arnell Now legal research assistance matter may not also appear in that matter as a witness. Rule is available when you need il. 3.7 provides as follows: L E G A L \Vithout the necessityof adding a (ull-1,meassocia te or "3.7 LawyerAs Witness Research (a) A lawyer shall not act as advocateal a LTialin which the clerk. lawyeris likelyto be a necessarywitness, exceptwhere: Wi1haccess 10 1heS1a 1e Law Library and Wes1law.we (1) the testimony relates to an uncontested issue; provide ras:tand efficient service. For deadline work. ,ve (2) the testimony relates to the nature and value of legal can deliver information to you via common carrier. services rendered in the case; or Federdl Express, or FAX. (3) disqualification of the lawyer would work substantial hard.shipon the client. Farnell Legal Research examines the issues 1boroughly 1hrough quali1yresearch. brief wriling and analysis. (b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likelyto be called as a wit Our ra1esa re S35.00 per hour. with a three hour ness, unless precluded from doing so by Rule 1.7 or minimum. Rule 1.9." For Research Assistance contact: The prior lawyer witness rules DR 5-lOl{B) and DR 5-102 contained the somewhat vague language regarding the condi Saral, Kathryn Farnell tions that would lead to disqualification, i.e.. when a lawyer 112 Moore Building "knows or it is obvious that he or a lawyer in his firm ought to Montgomery, AL 36104 be called as a witness." The effect of this language in some instances caused counsel to be disqualified on mere specula Call (205) 277-7937 tion. The language in new Rule 3.7 is more carefully drawn requiring withdrawal only when the lawyer is "likely"to be a Norep Notice Rule 70A (Interim), AlabamaRules of CivilProcedure Rule 33, AlabamaRules of CriminalProcedure 8)' an order effecti\'eJul) • 1, 1994,lhe supreme court amended Rule 33. AlabamaRules of CrimanalProcedure. so that it no longer applies to contempls arising in civil ca. GeorgeEarl Smith Reporter of Decisions Alabama Appellate Courts THE ALABAMALAWYER SEPTEMBER1994 / 29 I C·L·EOPPORTUNITIES The followingprograms ha ve been approved by /he AlabamaManda tory Continuing legal Education Commissionfor CLE credit. For informationregarding other availableapprove d programs,co ntact MClE Commission office al (205)269-1515 or 1-800-354-6154,and a completeCLE calendarwill be maHedto you. PRACTICALTIPS FOR SEPTEMBER A SMALL OFFICE OCTOBER Birmingham 13 Tuesday Birmingham Bar Association 4-5 ASSET PROTECTIONPLANNlNG Credits: 3.0 LABOR REQUIREMENTS OF THE IN ALABAMA (205) 251-8006 SERVICE CONTRACTACT Birmingham, Ramada Inn Airport Hunt;,-ville, Holiday Inn Research Park Federal Publications.J nc. NationalBusiness Institute NEGOTIATION:THE LAWYER'S Credits: 6.0 Cost: $138 Credits:8 .3 Cost: $525 ESSENTIAL SKILL (202) 337-7000 (715) 835-8525 Birmingham, Sheraton CivicCenter Hotel 15 Thursday Cumberlandlnst itute for CLE 7 Frida_y ALA8AJ\1AFORECLOSURE Credits: 6.0 lltEDICAID ELJGlBILITY AND REPOSSESSION (800) SSS-7454 IN NURSINGHOMES Mobile, Adam's Mark Hotel Birmingham,Medica l Forum NationalBus iness Institute Alabama Bar Institute for CLE INSURANCELAW: Credits: 6.0 Cost: $138 Credits: 6.0 (715) 835-8525 BAD FAITH CLAI.MS (800) 627-6514 Birmingham 16 Friday Lorman Business Center, Inc. lNSURANCELAW FEDERAL PRACTICE UPDATE: Credits: 3.8 Cost: Sl49 (715) 833-3940 Birminghan1, PickwickCenter RULES OF CML PROCEDURE Cumberland Institute for CLE Birmingham,Civic Ce nter 30 Friday Credits: 6.0 Cumberland Institute for CLE (800) 888-7454 Credits:6 .0 DEPOSITIONS (800) SSS-7454 Birmingham, CivicCenter AlabamaBar Institute for CLE 14 Friday 16-17 Credits: 6.0 NON-TAXABLE ESTATES FAMILY LAW RETREAT (800) 627-6514 Birmingham, Civic Center Orange Beach, PerdidoBeach Resort AlabamaBar Institute for CLE Alabama Bar Institute for CLE Credits: 6.0 BANKRUPTCY LAW (800) 627-6514 Credits: 6.0 Birmingham, Pickwick Center (800) 627-6514 Cumberland Institute for CLE Credits: 6.0 CRlJ\llNAL LAW 22 Thursday (800) 888-7454 Birmingham, CarrawayConference REAL ESTATE Center Montgomery, CivicCenter Alabama Bar Institute for CLE AlabamaBar Institute for CLE ENVlRONMENTAL& BUSINESS Credits: 6.0 ISSUES FOR THE GENERAL Credits: 6.0 (800) 627•6514 (800) 627-6514 PRACTITIONER Auburn. Auburn University Hotel MEDIATION 23 Friday and ConferenceCenter Auburn University Bar Associationand Birmingham, Mountain Brook Inn REAL ESTATE Cumberland Institute for CLE Birmingham. Sheraton Civic Center Cumberland Institute for CLE Credits: 5.0 Cost: $85 Credits: 6.0 AlabamaBar Institute for CLE (800) 888-7454 Credits: 6.0 (800) 888-7454 (800) 627-6514 292 / SEPTEMBER1994 THEALA BAMALAWYER CONFIDENTIALITY OF MEDICAL REVISED ALABAMAB USINESS 14 Monday RECORDS CORPORATION ACT WINNING TRIALADVOCACY Binningham Binningharn,Sheraton Civic:Center PLUS WINNINGON APPEAL Lorman BusinessCenter , Inc. CumberlandInstitute for CLE Binningham Credits: 6.0 Cost: SllS Credits:6.0 Lonnan BusinessCenter, Inc. (715)833-3940 (800) 888-7454 Credits:6 .0 Cost:S139 (715) 833-3940 20 Thursday NEW ALABAMARULE S NOVEMBER OF EVIDENCE Huntsville,Marriott 3 Thursday CLE Materials CumberlandInstitute for CLE TORTS Credits:6.0 Montgomery. CivicCenter for Sale! (800)888-7454 Alabama Bar Institute for CLt: - $6.00 (indudespostuge) - Credits: 6.0 Over200 pages of helpful ALABAMAS ALES & USE TAX (800) 627-6514 Montgomery information Lorman BusinessCenter , Inc. 4 Friday Make checks pagable to the Credits:6.0 TORTS (715)833 -3940 Alabama State Bar llirmingham, Civic Center Alabama Bar Institute for CLE I. Corporatlon, Banldngand 21 Friday Credits:6.0 Business Lawfl'u NEW ALABAMA RULES (800)627-65 14 Basic Issues-Conversions to OF EVIDENCE LimitedLiability Companies Binningham, PickwickCenter WORKERS' COMPENSATION CumberlandInstitute for CLE 2. Communications Law Credits:6.0 Binningham, MedicalForum Representing Utility Con (800)888-7454 CumberlandInstitute for CLE sume rs before the Alabama Credits:6 .0 Public ServiceCommission (800)888 -7454 27 Thursday 3. Antltrustand Bu1ln111 Torti NEW ALABAMARULE S Recent Developments in OF EVlDE:,;'CE 11 Friday Shareholder and Other Busi Montgomery,Ramada Inn East BANKRUPTCY ness Litigation CumberlandInstitute for CLE Binningham, CivicCentu AlabamaBar Institute for CLE 4. Laborand EmploYffient Law Credits:6.0 Cost:SlSO The Americans with Disabili (800)888-7454 Credits:6.0 (800)627-6514 ties Act Title 1: New Cases AfterThese Two Years 28 Friday JURY SELECTION FAMILYLAW 5. EnvironmentalLaw / Binningham, CivicCenter Binningham, Carraway Bankruptcyand AlabamaBar Institute for CLE ConferenceCenter CommerdalLaw Negotiation Policies and Credits:6 .0 Alabama Bar Institute for CLE (800)627-65 14 Credits: 6.0 Trends with CovernmentaJ (800)627 -6514 Agencies NEW ALABAMA RULES 6. Oil, Gu andM ineral Law OF EVIDENCE £ RISA The Oemig Case and Other Mobile, HolidayInn Downtown Binningham, PickwickCenter RecentDevelopments CumberlandInstitute for CLE Cum!,e,rlandlnstitult for CLE 7. Cnminll Law Credits:6.0 Credits:6.0 Don't Forget Who Decidesthe (800) 888-7454 (800)888-7454 Case-Selection of the Jury THE Au\BAMALAWYER SEPTEMBER1994 / 293 Major Medical. Provides personalized comprehensive coverage to lawyers, employees, and eligible family members. The Southern Professional Trust is totally underwritten by Continental Casua lty Company, a CNA Insurance Company. Life Family Term Life. Provides benefits for Lawyers, spouses, children and employees. Coverage through Northwestern National Lile Insurance Company. Security Disability Income. Features "Your Own Specialty" definition of disability with renewal guarantee and benefits available up to 75% of your income for most insureds. Coverage through Commercial Life, a subsidiary of UNUM . Peace BusinessOverhead Expense Insurance. A financial aid to keep your office running if you become disabled . Coverage through Commercial Life, a subsidiary of UNUM . from ISi If you're a Lawyer practicing In the State of Alabama , Insurance Specialists, Inc. offers the finest insurance coverage anywhere. We're here to help with all your insurance needs. 33 Lenox Poln1eNE Atlanla. GA 30324-3172 ESI.1959 404-814-0232 soo-241 -n53 INSURANCESPECIALISTS, INC. FAX: 404·814-0782 294 / SEPTEMBER1994 THE AIABAMALAWYER KIDS'CHANCE SCHOLARSHIPS AWARDED scholarships. Chris will be a junior at Universityo f Alabama at Birmingham where he is majoring in mathematics. Tim will be a freshman at EvangelCol lege in Springfield, Missouri and plans to enter the ministry. Their father was a heavyeq uipment mechanicwho becan1e permanently disabled when the bucket of a machine being preparedfor delivery fell and struck his head. Melissa Parker or Mobile is the first repeat recipienl of a Kids' Chanceschol arship. Melissa attended the University of South Alabama last year and has trans ferred to Bishop State Community Col lege. Her father was injured when the floor of a silo he was working in gave way beneath him. Melissa plans to become a physical therapy assistan t be.cause she has seen the help her father has receivedfrom his physical therapists. John J. C(}leman,/If and William P. Cobb presentKid~ ' Chancechairman Charles Tim Browning or Ethelsville received Carr with a copy of their bock. AlabamaWorkers CompensationPractic e Booll, a scholarship to attend MississippiState 1994Edi tion. Theproceeds from the book are being donatedlo the Kids' Chance University. Tim will be a sophomorea nd Scholarship Fund. Books may be purchased by sending a check for $63.95 to is studying forestry. He chose to attend Mississippi State so that he can live at home and help his father. Mr. Browning he fundraising efforts of numer established in December 1992 by the workedas a millwright for a paper com ous volunteers paid off when five Workers' Compensation Section. The pany and became disabled when the Tyoung people received Kids' rund is administered by U1eAlabama Law housing blew on a valve he was repair Chancescho larships totalling$30,000 a t Foundation, Inc.. which is a charitable ing and soaked him with a wood treat the annual meetingof the Alabama State tax-exempt organization. Kids' Chance ment chemical. Bar. Kids' Chancewas set up to provide has been enthusiastically supported by Kelly Spence of Mobile received a scholarships for high school, college or all those involvedi n workers'co mpensa scholarship to attend the University of technical school student who are chil tion: attorneys, businesses. rehabilita South Alabama. Kelly will be a freshman dren of workers killed or permanently tion professionals, medical providers. and plans to become a teache r. Her and totally disabled in an on-the-job insurance agents, and organizedlabor. father worked for a tree service and accident.The scholarships were the sec Chris and Tim Basselin of Birming becamepermanently d isabled in a foll. ond set awarded since the rund was ham are the first siblings to receive Many lawyers and law firms have THE ALABAMA LAWYER SEP'l'EMBER 1994 / 295 contributedto Kids' Chance.John Cole man and Pete Cobbof Balch& Bingham have written a book oo workers' com pensation law with the proceedsbeing donatedlo Kids' Chance. HealthSouth. AlabamaP01,-er. Binningham Steel and Aetna have been the program's major corporate sponsors. The AlabamaSelf Insurers Association{ASIA), an associa tion or seH-insured employers, has adoptedKids ' Chanceas its major chari table cause. In May ASIAsponsored a gotr tournament that raised $9,000for Kids" Chance at Cherokee Ridge Golf Club in lluntsville. 1'he Alabama Departmentor Industrial Relationspro vides information about the fund at workers'compensation seminars. Many individuals have contributed both time and money to Kids' Chance. Thanks lo their dedication$80.000 bas l-R. ChristopherPaul Basse/in, Timothy Jag Basse/in,\Vayne \Volle,Melissa R. been raised to providescholarships to young peoplewhose opportunity to pur Parker. IVilliam Timothy Broiuningand Ke/do T. Spence sue an educationwas greatly diminished through an injury lo a parent. If you ship rund. pleasemail your contribution Alabama L.awPoundation, P. 0. Box would like to contribute to the scholar- lo: Kids' Chance Scholarship Fund, 671, Montgomery,Alabama 36 101. • 22 YE ARS OF COR PORATE l,.,'W A . AN ATTOilltHCY AO-VI.ING CORPORATE EXECUTIVIE.S ~ .JAM Ila C-. Wll..aON. JR . -AL. WAY• WANT'&O TO tc.HOW HOW BUSI • WILSON HE'S FINDING OUT , AND Hit • • DISCOVC:RING THAT •• MANUJl'Ac-TURINO CONCCPT ·S ALSO i\PPLY TO A 8Cf'fV I CC UU81N&9CI - IT'S ALL B u s'i-..N ES S • ABOUT &l"'l"' I C I C N T OCLIVCRV Ofl' PRODUCTS ANO S 'CRVICltS .•• J IM &XPCCT• THC C JCPCRI- CNCC TO M.L,. ... ,. ,.RACTICE AT S1ROTE a PERM UTT - -THr aAM,,OltD C X CCUT 'l'VC MBA Now , fOC.Aa.. •• ,ra A ..... C,.IN(J 0111.NT ... THE WELi.. SamfordBusiness Est-culi,·<"MO ,\ C,uwlldfltt••Ill'!" lwl1w-f'W,..1.-.IrortlM"t 19? I •·•u -1 .. 11. l',•r ,J..-1nl~ .. ..ti JtQl,.fli0..2 t.;3, N11w, 296 / SEPTEMBER1994 Tl IEALABAMA LAWYER here are two proceduralgrounds judgment should haveprospective claimsadjuster, lee 11.Martin, 533 So. 2d in the Alabama Rules of Civil application; or (6) any other rea 185 (Ala. 1988) or by counsel, Storage T Procedure for a request that a son justifyingrelier from the oper Equities,Inc. v. Kidd.579 So.2d 605 (Ala. trial court set aside a default Judgment. ation of the judgment. 1991). These are set forth in Rules 55(c) and As will be shown. regardlessof the des Huie 60(b)(2) requires a showing of 60\b). With respect to each. there are ignation as a Rule 55(c) or Rule 60 newlydisc.overed evidence "which by due different standards applied by the trial motion, case law focuseson three pri diligencecould not ha,oebeen discO\oered court. although quite similar standards mary areas of inquiry in evaluating the in time to move for a new trial under for appellate review.A brief survey will grounds asserted.The three-factor anal Rule59(b)." An illustrationfrom a Rule be provided here o( recent Alabama ysis requires a showingor a meritorious 59(b)case is an admissionthat a slip and Supreme Court case law concerning defense,consideration of potential prej fall was staged. Strange v. Gregerson's successful efforts to set aside default udic:eto the non-movingparty. and cul F'oods,Inc., 608 So. 2d 721 (1992). The judgments. pableco nduct of the movingparty. newly discovered evidence must be While no grounds are described in The initial grounds specifiedin Rule material, not merely cumulative or Rule 55(c). Rule 60(b) specifies that 60(b)(I) permitsa defaultjudgment to be impeaching,and "such as will probably default judgments may be set aside for set asidebased on a showingor mistakeor change the result... ." Id. at 722. the followingreasons: excusable neglect. Various illustrations The next ground in Rule 60(b)(3) I) mistake. inadvertence, sur from casel aw of the "excuSilble neglect" Involves fraud or misconduct of an prise, or excusable neglect; (2) grounds include successfulefforts to set adverse party. i'or example, in Warren newly discovered evidence which aside a defaultjudgment where the sum 11.Riggins, 484 So. 2d 412 (Ala. 1986). by due diligence could not have monsand complaintwer e misplaced.Bai Rule 60(bl(3) relief from a judgment been discovered in time lo move ley MortgageCo. u. Ccbbl~F'iteLumber dismissing a case for lack of prosecu for a new trial under Rule 59(b): Co., Inc., 565 So. 2d 138 (Ala. 1990), tion was upheld where the fraud of an (3) rraud (whether heretofore where the movant,vas unaware his attor adverse party consisted of reneging on denominated intrinsic or extrin ney had withdrawnfrom the case, Kiri an agreement to execute a note for set sic). misrepresentation, or other /and u. For/ Morgan Authority Sewer tlement of the case. It is noteworthy, misconductof an adverseparty: (4) Seroice,Inc.. 524 So. 2d 600 (Ala. 1988), also, that the Rule 60(b)(3)motion was the Judgment is void:(5 ) the judg or wh- the attorneyresporuible for the granted, and the trial court action ment has been satisfied, released, default hada "heavy >1'0rllload"and "seri· upheld on appeal, despite the fact that or discharged,or a prior Judgment ous Illnessin his family." Ex Parlelong, the motion was flied more than four upon which it is based has been 500 So.2d 3 (Ala.1986) . Othersuccessful months arter judgment. The Alabama reversedor otherwisevacated, or it excuseshave been based on the moving Supreme Court reasonedthat the plain Is no longer equitabl e that the processa .nd accidental loss of a file by a urrs motion was timelysince It wa.swell THEAL\BAMA LAWYER SEPTEMBER1994 / 297 within !lie three-year period for an longer equitable that the judgment the type of extraordinarycircumsta nces independent action to set aside a judg should have prospectiveap plication ... :· that would justi fy a Rule 60(b)(6) ment. Id. at 414. While no recent Alabama cases were motion would necessarily involve a A recent discussion of the Rule located construing the provisions of showing of excusableneglect, meritori 60(b)(4) grounds for anack on a void Rule 60(b)(5),the situation in Hannah ous defenseor any number of other rea judgment may be found in Fisher u. 11. Blackwell, 567 So. 2d 1276 (Ala. sons which might have been argued Amaraneni, 565 So. 2d 84 (Ala. 1990). 1990) is analogous. Although the case earlier. Such a reading of Rule 60(b)(6) The judgment was set aside for lack of involveda Rule55(c) motion, the defen as an equitable supplement to the pre· personalj urisdiction basedon improper dant was successful on appeal in over ceding subsections was expressed by serviceby publication. The court defined turning a default judgment based on Judge Learned Hand in United Stales 11. a judgment as void "only if the court allegations of accord and satisfaction. Karahalias. 205 P.2d 331 [2d Cir. 1953) rendering it lacked jurisdiction of the Id. al 1279. in which the grou nds for relief was subject matter or of the parties, or if it The Alabama Supreme Court has held "excusable neglect'" although subsec acted in a manner inconsistentwith due that the "any other reason" grounds in tion (6) was the basis to reopen the process." Id. at 86 (citing Wonder u. Rule 60(b)(6)ls reservedfor "extraordi judgment. See 11 Charles A. Wright & Southbound Records,Inc. , 364 So. 2d nary circumstances" involvingcases of Arthur R. Miller, Federal Practice and 1173 (Ala. 1978)). It should be noted extreme hardship. City of Birmingham Procedure, § 2864 at p. 218 (1977). here that a Rule 60(b)(4) motion u. F'airfield,396 So. 2d 692 (Ala. 1981). Consider ing Ru le 60(b)(6) as an involves a different standard of review The court has also held that Rule extraordinary circumstances supple· than the other Rule 60(b) subsections 60(b)(6) is exclusive of the grounds in ment to the grounds enumerated in the since the court held "lw)hen the grant or 60(b)(I) through (5) so that "relief can precedingsu bsections of the analogous denial turns on the validity of the judg not be obtained under (b)(6) if it would J'ederalRules, would be consistent with ment, discretion has no place for opera have been available under one o{ the the intent that subsection (6) provide a tion. If the judgment is void it must be other five clauses.'' Cassioppiu. Dami further basis for equ itable relief. set aside ...." Fisher, 565So. 2d at 87. co, 536 So. 2d 938, 941 (Ala. 1988).T he Accordinglo (,earned Hand: Rul e 60(b)(5) requiresa showing that analysis of the catchall provisions in IL seems to us that subsection the judgme nt has been satisfied. Rule 60(b)(6) as exclusive of other (6) must be read, not only as to released, discharged or that "it is no grounds, should be reconsidered.since subsection (1) bul as to (2) and (3). It is extremely difficult to imagine any equitable grounds for relief that these three subsections EXCELSIOR -LE G AL ' S do not cover, for subsections (4) and (5) are not really for equitable relief at all. Subsection (6) on the other hand is itself clearly for equitable relief, and, if confinedto situations not coveredby the firsl lhree subsec tions, would be extremely meager, even assuming Ideal for Laser Printers that we could find any scope for it at all. Moreo"er. if we could, it Includes: 1,000 Letterheads and Envelopes would be a strange purpose to 500 Business Cards , 500 Plain Second Sheets ascribe to the Rule to say that . Also i11cludesdies and a proof. although subsection (6) was no more than a kind of receptaclefor 24 lb.,25% Cotton, La ser Finish, Whiteor Bamboo. vestigial equities, it should be Recycled Bond $239 without any limit in time, while 24 lb., 50% CottonLaw Bond. Whi te, Bamboo the other and the usual equitable and Laser White $249 grounds for relief were narrowly Crane 's and Gilbert paper at additio11alcost limited. We do not believe that this was ils purpose;we think that E11gravingpla111s i11: Arli11gto11 , TX; A lba11y, NY; Orlando, FL it was meant to provide for situa Callfor samples a11dleg al supply catalog, tions of extreme hardsh ip. nol (800) 221-2972, ext. 503. only those, if there be any, that subsections(1), (2) and (3) do nol ~lslor -1.egal,Inc. ·· cover, but those that they do. In short-to put ii quite badly-we read the subsection as giving the 298 / SEPTEMBER1994 THEALABAMA LAWYER court a discretionary dispensing able time," but for the enumerated rea lee v. Martin, although the judgment power over the limitation sons (1). (2) and (3) within four months was entered August 19, 1986 and the imposedby the Rule itselfon sub after the judgment.A Rule55(c) motion motion filed DecembeT24. 1986, the sections(I), (2) and (3).... does not automaticallybecome a Rule trial court was neverthelessreversed for Karahalias.205 P.2d at 333. 60 motion if not ruled on within 30 failure to set aside the defaulL While days, since it is denied by operation or the dissent in Ltt u. Martin points out The use or Rule 60(b)(6) to expand law pursuant to Rule 59.l, Kirtland, the motion to set aside was filed the operation of the excusableneglect 524 so. 2d at 603. A Rule 55(c) motion, "be)'ondthe four-monthlimit", 533 So. grounds in subsection ( l ) is also sup amended after the 30-day period, but 2d at 187. the majority presumably ported by the result in lee v. Martin , within the 120-dayperiod, may be treat based the exercise of leniencyon Rule 533 So. 2d 185 (Ala. 1988) in which the ed as a timely filed Rule 60(b) motion. 60(b)(6) or lhe further provisions of trial court was reversedfor failureto set Ex PorteLang, 500 So. 2d 3 (Ala.1986 ). Rule 60(b) which preserves the trial aside a default judgment involving The lang decision is further significant court's discretion to reopena judgment excusable neglect (loss of a file during since it recognized "that under our within three years: the process of moving). Relief was Rules of CivilProcedure the nomencla This rule does not limit the apparently based on subsection (6) ture of a motion is not controlling." Id. power of a court to entertain an since the Rule 60(b) motion was filed at 4. See also Ex Porte flartford Ins. independentaction within a rea beyondthe four month limiL The con Co.. 394 So.2d 933 (Ala.198 1). Despite sonable time and not to extend curring and dissenting opinion also the stated 120-daylimitation for filinga three years aner the entry or lhe analyzedthe resull in terms or subsec Rule 60(b)(I ) motion based on exrus Judgment•.•. tions (I) and (6). able neglect. there is also precedent for The Rules specify that a Rule 55(c) successful Rule 60(b)(6) attack on a Ala. R. Civ. P. 60(b). It should also be motion must be filed within 30 days default judgment based on loss of a file noted that there is no time limit if the after the entry or judgment. Rule 60 by the insuranceadjuster , in which the judgment is attacked for subject matter motions must be filed"within a reason- motion 1<•asfiled beyond 120 da)•S.In jurisdiction since Rule 12(h)(3) pro- Notice Position Available The United Stales Court of Appe.alsfor the Eleventh Judicial Circuit invites applications from qualified per sons for lhil position of staffconference attorney, at lhe court's headquarters in Atlanta, Georgia. The incum bent will conduct settlement conferences in civilcases, either by telephone or in person. lo (I) initiate mediated settlement negotiations, (2) simplify or reduce legal issues on appeal. and (:l) eliminate procedural problems. Duties include analyzing and measuring the strength of the issues on appeal, leading discussions or the procedural and substantive legal issues involved, conducting economic analyses of the settlement value of cases. and encouraging settlement by creating and exploring options to litigation. To be qualified, an appli cant must have mediation or arbitration experience ;ind training. For full requirements. contact Cheryl Ves sels, Ptrsonnel Specialist, United States Court of Appeals for the Eleventh Judicial Circuit. 56 Forsyth Street. NW.Atlanta, Ctorgia 30303. Phone (404) 331-7729. Starting salary: 549,770 to Si6.461, depending upon experience. Appllcatlons will be accepted until the position Is fllltd. THE ALABAMALAWYER SEPTEMBER199 4 I 299 vides ''whenever it appears by sugges aside default judgments." Williams u. should be undertaken by a trial court tion of the parties or olhel\vise that the ColonialBank, 626 So. 2d 1247, 1249 when determining whether to grant or court lacks jurisdiction of the subject (Ala. 1993), citing Article l, Sections 6 deny a motion to satisfya default judg matter, the court shall dismiss the and 13, AlabamaConstitution or 1901. ment. The supreme court in Kirtland action." Similarly, there is Alabama While the Williamsdecision considered found that since it may, in some precedent recognizing that "the only d.enial of a Rule 55(c) motion, the court instances, be difficult to balance the limitation with regard to attacking a noted that there had been no appealof a need to promote judicial economy and voidjudgment is that it be done within subsequent Rule 60(b) motion. The fol the need to preserve an individual's a reasonable time." Marshall u. Mid· lowing general language stressed the right to defendon the merits, the three State Homes, Inc., 468 So. 2d 131, 133 disfavor in which default judgments ractor analysis should offer proper (Ala. 1985) (judgmentvoid due to defec should be held: guidelines to the trial court in making tive service of process). Also, with We, therefore , emphatically such a determination. Although the respect to a voidjudgment, it should be hold that a trial court, in deter tests in Kirtland addressed such a unnecessaryto allege and prove a meri mining whether to grant or to determination in the context of Rule torious defense. AM Sewing Machine deny a motion to set aside a 55(c) motions. the Alabama Supreme Co. u. Shelby Finance Co., 384 So. 2d default judgment, should exercise Court has subsequently cited Kirlland 126, 129 (Ala. Civ. App. 1980) (citing its broad discretionary powers as authority in the Rule 60(b)context as Raineu. First WesternBank, 362 So. 2d with liberalityand should balance well, though the trial court would have 846 (Ala.1978)). The analogous provi the equities or the case with a broader discretion under Rule 60(b) sions of Rule 60(b) of the l'ederal Rules strong bias toward allowing the than under Rule 55(c).See Lee u. Mar extend the four-month period to one defendantlo havehis day in court. lin, 533 So. 2d 185 (Ala.1988); Dalee u. year for reasons (1), (2) and (3) and, it is Williams,626 So. 2d at 1249.The refer Crosby Lumber Co., Inc., 561 So. 2d suggested, that future revisions of the ence to broad discretionarypowers, it is 1086 (Ala.1990). Consequently, the rea AlabamaRu les should delete the four· suggested, should also operate in favor soning in Kirtland should also apply to month limitation altogether, to allow of a liberal exerciseor discretion to set a Rule 60(bl motion seeking relier from equitable relief pursuant to Rule 60(b) aside.defaults pursuant to Rule 60(b) a defaultjudgment , since the balancing within a reasonablet ime. since, on other occasions, the Alabama of judicial economywith an individual's As a general rule, default judgments Supreme Court has also emphasized right to defend on the merits wouldsti ll are not favored in the law and, if the that "a trial court's discretionary be required of the trial court. failure to file an answer was uninten authority under Rule 60(b) is much The /(ir//and three-factor analysis is tional or the defendantcan make a valid broader than it is under Rule SS(c)." set forth as follows: showingof a meritorious defense,there Dalee u. Crosbylumber Co., inc., 561 To alleviate the difficulty should be preference in favor of set a So. 2d 1086, 1090 n. 3. (Ala. 1990). involved in deciding Rule 55(c) ting aside the default. As the Alabama Giventhe constitutional guarantees and motions and to ensure that jus Supreme Court has stated on numerous the preferencefor trial on the merits, a tice will be served, clear guide occasions, "it is axiomatic that the law fair interpretation of the case law is that lines need to be established and favorsfair trials on the merits of cases," there is a presumption for trial on the then implementedby trial courts. Crosby Avon Products,In c., 474 So. u. mer its so that doubts should be Thus, we hold that a trial court's 2d 642, 644 (Ala. 1985), and there is resolvedin favorof the defaultingparty. broad discretionary authority further support in the Alabama Consti It is suggested that the trial court under Rule 55(c) should not be tution for the "liberal exerciseof a trial should therefore begin an analysis of a exercisedwithout considering the court's discretion in favor of setting default with the "pres umption that followingthree factors: cases should be decided on the merits I. whether the defendant has a Gregory C. whenever practicable." Bailey Mortgage meritoriousdefense; Buffa low Co.,565 So. 2d at 140. GregcxyC . BuffaloW Also the decision in Kirtland u. fort 2. whether the plaintiff will be receivedhis under. MorganAuthority Sewer Service, Inc., unfairlyprejudiced if the default graduatedegree in 524 So. 2d 600 (Ala.1988), indicates a judgmentis set aside;and 1976. cum laude, lrom the Universityof strong judicial policy of resolving 3. whether the default judgment Alabamaand his faw doubts in favoror the defaultingparty: was a result of the defendant's degreein 1979 from Wehave repeatedlyheld that the own culpable conduct. lhe UnNersity's trial court's use of its discretionary Scl100Iof Law. He 524So. 2d at 605. Eachof the three Kirt recelved a mamerof authority should be resolved in landfactors wiU be briefly considered. lawsdegree in 1900from NewYor1< University . favorof the defaultingparty where The first factor is the meritorious He has publishedseveral at1lcles abou1 1he there is doubt as to the propriety defense. In discussing whether a party Lcngsh0 $ WANT Youn MONEY Now? $ 1994DIRECTORIES ARE IN! Members - $25 each We Buy Structured Settlements, Non- Members - $40 each Annuit ies , Contracts, Notes, and Deeds of Trust MAIL CHECK TO : Alabama Bar Directories, P.O. Box 4156, D & A Investme nt Funding (314) 355-3577 Montgomery, Al 36101 Orders must be pre-paid Free Phone Quot es * Lump Sum or Par ti al 302 1 SEPTEMBER1994 THE ALABAMALAWYER Vict-dlalr: JamesTimothy Smith, Birmin_qham l'O)l'lffrl :E o:,. Mark N. Chambless, Montgomery- Hon.• Inge P. Johnson, ,\lTESS ro 1.El; ,\I , s 1-:11\'ln :s Tuscumbia 264-7300 WilliamI) . Scruggs.Jr .. FortPayne Chair: Board of B•r Coonmlsslon•rs Liaison: WillieJ . Huntley,Jr .• Mobile P. Luke Coley,Jr .. Mob//c'-460-0555 EdwardT. Hlnu, Browton-867-6063 SidneyIV. Jackson , Ill, Mobile Vlce-dlair: Young Lawyer,' Repreaentath•e: John A. Owens,Tuscaloosa R. DavidMcDowtll. Nuntsui/le-f,34,2436 William Sidney llaynes. Nontgomery- John EdwardThom ton, Mobile Boord of Bar Commlsslonen Liaison: 834-8480 Jack MichaelConaway. Do1han ~int O'Rtar. Ill, Mob//e-432·551 l Stiff Liaison: LSCA Lia.Ison: Keith8. Norman.Montgomerg-269-1515 Suh·comn,ith:\.': M<-rctria L. Ludgood, Montgomerg- rroaran1s for l.a\\·ycr ln,·ol\'ement 832-4570 MtmbuJ: ElizabethSm ithart. llnfon Springs Chair: Young LI.W)'tn' RtprtKnt1lht PollyD . Enger, Anniston Sabrln• A. Simon, Birmingham - Stew•rt C. Springer. Birmbighom- JeromeA. Hoffman.Tusf.'flloosa 592-0006 324-4000 CharlesL. MJller,Jr., Mobile Staff Lialaon: WylynnCllmore -Phlllippi, CT01Ji1Ifill Members: MelindaM. WnLcrs.Monrgomerg-269-1515 Connie Jill I lall, Montgomery RobertL. Potts.fYorenct1 LawrenceD . Redden,8fm1/11ghum Members: LeslieM. Allen,Montgomery KenW. Batlies, Sr., Birmingham Jon K. Turner.Montgomery John D. SnodgraM, lfuntsu/1/e Cynthia W.Clinton, Montgomery AmyM. Shumate, Dothan FrankJ. Tipler. Jr.,Alldolusio Barrie8. Stokes,Bimifngham Jacquelyn Shnia, LawrenceB. Volt,Mobilo E. Binnlngham CinaM . Milltr. Birmingham LeslieM. Proll, Birmingham James L. Nor1h.Birmin.Qham MaureenK . Btrg. Birmingham Gary C. Huckaby, fluntsvi/1, ErnestineS . Sapp.Tusk,'!Jf!fl Chris Eagan.8lrmingham RobertS. HIii, Ill, Nontr,omery !forborneC . Slone, Jr., BayMinef/e Anna Blair, SheHield HelenShores Le,. Birmingham DanielR. Farntll, Jr.. Montgomerg Hon. Annett. Vcrln,IJasemllT PamelaH . Bucy,Birmingham WilliamII . Ra.,,On«mta Hit0ld V. llughston, Jr.. Tuscumbia Emily B. C,uan~imer . /o/1111/{IOmnJJ OtisR. Burton.Jr . To/la• BonnieC . Rov,e./funtsc/11~ E.T. Brown, Jr., Binningham RebtctaC. Brooks,Tl«aloosa Cina L. Thomas, JOS(J<'T Joe Enrttrprise Joseph D. Lane, Dothan C. Cassady. Annt W.Mitchtll , Birmingham .-\L\ll .\)1 .\ FIIIST l".\\IP.-\lt;\ Suh-con1n1ittc,·: ()ulrcach John MarkEnglehart. Montgommy T.\SI( FOl!l'E PloydSherrod, Jr .. Plor(!t)ce Suh-co,nmiltl'L'to 1•ron1otc R.iymondL. Johnson,Jr .. Birmingham Chair: ,\lahama l'irsl CordeliaA. Bodie,Nunlsui/le Michael I.. Edwards. 8irmi11gham- 251-3100 Co•ch•lrs: CourlneyW. Tarver, Montgomerg WIiiiam B. Alverson, Jr .. ilndalusia- Menry L. Thompson.Birmingham Chalr Emerltu,: 222·3171 KatherineElise MOS$, 1/untsuil/e Walter R. Byau, Jr .. Montgomery- CourtneyA. Lonln,Monrgomerg-240,3131 frtd D. Cray,Jr., Tuskl!f/ff 832-8800 Al L. Vrteland,Tuscaloosa Members: Robert D. Stgall, Morllg<>mmy Lav,etdaM . Batlle, Birmingham Suh -com111illcc: Pl;,n of .\ction WadeH . Baxley, StnnleyWeissman, Monlgo,rwrg Dolhon and lmplcn1cnlalinn Hon.David M cKayEnslen. Fagelle Shtlbonnl~Coleman-Hall. Mobile Cb&lr: Bt$m in H. Harris. Jr.. Mobr7e TamaraYoung Let.M1111tgomerg John DavidKniahl, Cullman PhillipD . Mitchtll, II, Dtaitur Michael L. Edwards. Birmingham- WilliamB . Matthews, Sr.• Ozark Ted L. Mann, Birmingham 251-3100 Fnnk B. McRighi • .Mobile Mtmbtra: OakleyW . Mellon,Jr., Monlgomery PhillipE. Ad/lms, Jr.. ()pe_/ika T.\Sli FOIICE o:,. Jon H. Moores,Decatur Hon.Albert P. Brewor,Birmingham ,\Ill I.T 1.ITEIUt'\ " MertonR. Nachn111n.Jr., Montgomerg EdwardM. Friend. 111, Birmingham HughA . Nash, Oneonta Chair. Hon.L Sonny , I lornsby.Montgomery John TomRadney, Alexander City LynneB. l(itchens,Mor11gomery-242-047 I Ion. Sarah M.Crecnhaw, Montgomery Hon. David1\ , Rains.Fort Payne THE:ALABAMA LA\VY!,R SEPTEMBER1994 / 303 TIii·: 1U8 .I.I/.I L111H :R. Mtmben: Mtmbon: El>ITOIU \L H0 .\1111 Htlen J.Alford,Mobik KtnMth L Thomas,Nont!JOm<'ry Samutl N. Crosby,Bov Nifff!tte AnthonyA. Joseph, Bim1ingham Chair. Hon.John N. Bryan.Jr., Birmfnghum BryanA. Stevenson,Nontgom,.,.11 RoberlA. Huffaker,Montgomory -BJ.4.•8480 MichaelC. Quillen,Birmingham Thomas IV.Sorrells, Montgomery Vlce-c.balr and Auo Tl IE ALABAMALAWYER SEPTEMBER1994 / 307 C. Peter Bolvig, Birmingham LAWYERREFEHR,\L TASli FORCE ON Steven A. Benefield. Birmingham SER\1CE BOARD OF TRl STEES Joel Williams, Troy ,1EMBERSIIIP SER\ 'ICES Chair. DouglasLanford. Tuscaloosa Chair: GregoryAllen Reeves,Decatur-355-4956 Jenelle MimsMarsh, Tuscaloosa EdwardM. Patterson, Montgomc'fy- \~ce-chair. 262-645-0 John C. Cullahorn,Albertville-S78-1891 TASK FORCE O:X LEGISL\Tl\ 'E ACTl\' ITIE S OF TIIE Boardof BarCommissioners Liaison: Boardof Bar CommissionersLiaison: Conrad Fowler,Jr., Columbiana-669-6783 AL.\B1UU STATE BAR Stephen K. Griffith,Cul/man-734-0456 Chair. St•ff Liaison: Staff Liaison: Keith B. Norman,Mon/gomery-269-1515 Keith B. Norrnan,Montgomery- 269-1515 Gregg8. Everett,Monlgomery-293-8731 Vice-chair. Member$: Secretary, LawyerRefernl Service: Beth MariettaLyons , Mobile-416-7851 MichaelMcNair , Nobile KatherineCreamer, Montgomery- L. BernardSm ithart, UnionSprings 269-1515 Board of Bar C-0mmis.sionersLiaison: Joan Rickels, Birmmgham RichardGill . Monfgomery-S34-1180 Members: CalvinM . Whitesell, Jr.. Montgomery CliffWright, Florence Young La,~rs' Representative: George 8. Harris, 8im1ingham Jack BookerWeaver, Monroeville Chris Coumanis,Mobile-433-1600 Ann Marshall, Birmingham Jimmy B. Pool,Montgomery Staff Liaison: WilliamB. Woodward,Jr. , Huntsville John DavidKnight, Cullman Keith B.Norman, Montgomery-269 -1515 Salem Resha,Jasper Ruth Stone Ezell,Gadsden R. Graham Esdale,Jr., Birmingham Thomas A. Smith, Jr .. Cullman Members: MichaelS . Sealy,Montgomery James AlbertHall , Jr., Tuscaloosa Robert E. Cooper,Binningham S. AlecSpoon, Montgomery PhillipM. Leslie, Mobile AlvaM. Lambert,Montgomery James Jerry Wood, Montgomery James A. Kee,Jr., Birmingham Robert W. Lee,Birmingham MaryanneMelko, No11tgomery John F. Jones, Jr.. Andalusia RichardJ. Brockman, Binningham Gerald8. Taylor, Jr .. Birmingham Joe C. Cassady, Jr. Enterprise James A. Bradford,Birmingham Roy W. Granger, Ill, Montgomery James R. Bowles.Tal/assl!I! James M. Sizemore,Jr., Nontgamery RogerPierce, Au bum KennethH. Millican, Hamilton WilliamV . Neville, Jr., Eufaula .\IILI TAllY I.All' CO.\I.\IITfE E CharlesD. Langford, Montgomery TASI( FORCE O'.'i LEGAi. EDLTATIO'.'i Chair. cml~ IITTEE O'.'i LOCAL Frank M. Caprio,Huntsville-517 -5158 Chair. BAR ACTI\HIES A'.'iO SEll\ 'ICES Steve Rowe,Birmingham - 250-5000 Vice-chair. Chair: Hon. Cain Kennedy,Mobile-690 -8488 Vice•chair: Thomas E. Bryant.Mobile-432-4671 Kathryn Miree. Birmingham-3 26-5333 Boardof Bar CommissionersLiaison: Vke-cbair. RobertM. Hill.Jr ., Plorence-767-0700 Board of Bar CommissionersLiaison: Julia C. Kimbrough,Birmingham - WandaDevereaux . Montgomery-262-6801 991-6367 Staff Liaison: RobertW. Norris,Mon/gomery- YoungLawyers· Representalh,-e: Board o( Bar CommissionersLiaison 269-1515 Taylor Thomas Perry. Jr .. Demopolis- Steve Kennamer,Scatlsboro-259-5809 289-1384 YoungLawyers' Representative: Members: Starr Liaison: Judson IV. Well, Mobile-432-8786 WilliamC. Tucker. Jr,, 8im1ingham Robert IV. Norris, Montgomery-269-1515 J. DonaldBanks, Nobile Staff Liaisons: John J. Park. Jr., Birmingham Member$: Keith B. Norman,Mo11tgomery-269-J515 RobertT. Meadows,Ill, Opelika Orrin K. Ames, 111, Mobile MelindaWaters , Montgomery-269-1515 RobertW. Rieder,Huntsville A. DavidFawal , Charleston..SC PerrynGodbee Carroll, Birmmgham Member$: AndrewJ. Coleman.Birmingham Joseph A.Colquitt , Tuscaloosa RayNoojin, Binningham Jack IV.Wallace, Jr ., Montgomery WendyBrooks Crew , Birmingham LindaMcKnight , Tuscaloosa WesleySchuessler,Aubum MichaelR. Silberman,Birmingham Richard Ramsey,IV, Dothan Richard F. Allen,Montgoml!ry J. Gusty Yearout, Bim,ingham BanksSmith, Dothan DonaldC. Rasher,Montgomery James J. Bushnell, Jr., Birmingham WilliamLee Horn, Tuscumbia B. BoozerDowns, Birmingham Jim Vickery.Montgomery TrudieA. PhilliPS,Anniston VictorKelley, Birmingham Susan J. Walker,Montgomery Cynthia M. Calhoun. Anniston WIiiiam H. Roe, Oneonta Joel H. Pearson,MontgOmery Susan Conlon Ruester,Huntsville EverettM. Urech.Daleville WilliamH. Pryor,Jr. , Birmingham Joseph M. Ayers,Birmingham Thomas E. Jones,Auburn C. MikeBenson,Aubum VenessaVann Campbell. Birmmgham RichardA. Thompson.Tuscaloosa Pror. CharlesD. Cole, Birmingham Katherine L. Reynolds,Huntsville WilliamE. Scully,Jr .. Mobile 308 / SEPTEMBER1994 THE ALABAMALAWYER Douglas J. Centeno, Binningham Members: TASI( FORCE ON MINORITY John D. Saxon, Birmingham W. Greg Ward, Lanell PARTl(IP,\TION A:' THE ALABAMALA WYER SEPTEMBER1 994 / 309 Emily S. Bonds, Youngl.aW)'Cra ' Rtprcsenl•liw: Birmingham l":'\,\I TIIOIIIZ EIJ 1%\(Tl(E Robert E. Lee.i'fontVomerv Melani• Ba.ss,B irminghom-252-8800 OF L\\\ ' (0,\1.\llTTEE Rabtrt H. Bowron,Jr .. Birmingham Staff Lllisoni: 8el$y Martin ll.mi$Oll,Doub/~ Springs Chffl: DeniseJones PomttO)I,Birmi119ham L. BruceAbles. HuntSl!ilf~ -53J..37 40 Rot,,,rtW . Norrh,Mofltgomey-269 -1515 StephenIY. Cuthrlt, Birmingham Tony McLain,Montgomey-269- LSIS AshleyAlbtr'I Ayers, Birmingham Vice-dwr. Bonnie Mainor,Montgomerv-269-151 S WilliamRoy Farmer, Birmingham Willi•m R. Kang.Mo11/Vome,y-24 I .SOOO Mtmbcrs: John A. Bi,'tns, Tu.sci1/oosa Board of Bu Commissioners Uliaon: Jackie O. Ferguson, /iuntsvil/e William S. llabey, Ill, Hoover LynnRobertson Jackson, Clay ton-nS-3508 Stewn A. Thom.u,Jasper DavidL. Beuoy.,tr ab RondaI S. Ford, Mou/tun David D. Shelby,8/ rm/11gham James W.P orlcr, II, 8/nninghom Marc Brnkclleld,Tusca loosa Rurus E. Elliott, Ill, Binninghom HelpLight NevaConway, Cre,in ,•i//e Charlu £. Crumbley,Montgo merv Jank• BoydNtal, 0,,01/ka the Way... Danit! Btnton.Fairh~ CharlesL Miller,Jr .• Moblle CoorgeA. Tonsmeirt,M obile Jim l'tmandu, Mob17e Charles N. McKnight, /ofobi/e T.\Sli FOlll'E 0\ ll'O~IE\ I\ TIIE l'IIOFESSIO\ Co-chain: Cecilla J. Collins, Mobllc-4 32-7682 />forgarct Young.Flori mce-7 67-0700 Boud o( 6111Commi .. ionen Liaison: C;,thyS. Wrighl, Birmi119ham-254-IOOO Ulilon: DeloresR. llo)'d,Montgomerv-264-8005 $ Qff Lbl,on, Kelly Mahaney,N otional GoodwillAmbassador, and Jeny Lrwis. No.tionolChainnan Keith 8. Noman. Montgc>m"7]1-269-ISl5 For many of the million-plus Americans who live with M•mb 310 I SEPTEMBER 1994 THE AI..ABAMALAWYER DISCIPLINARYREPORT Di sbarme nts stating the outcome of the matter and the recoveryobtained); • Huntsville attorney David C. Cn ddock was disbarred by 1.15 (b) (railure to promptlydeliver to the client the runds that order or the Supreme Court or Alabama,effective March 18, the client was entitled to receive); 1.IS(c) (commingling or 1994.The supreme court disbarred Craddockbased upon the runds);8.4(b) (commita criminal act that reflectsad,-ersely on DisciplinaryBoard or the AlabamaStale Bar ordering said dis the lawyer'shonesty, trusl\\"Orthinessor fitness as a lawrer in barment in three separate disciplinaryfiles. other respects); and 8.4(g), and Rule 2(e), AlabamaRule$ of In one matter. Craddockwas paid a S 1,000 retainer to file DisciplinaryProcedure. suit on the client's behalr.Howtvtr , Craddockfailed to file suit Formal charges were filed against Craddockin each or these as promised,and also failedto refund to the client the Sl,000 matters. Although properly served in each case, Craddock retainer. Craddockrailed to reply lo any of the client's written failed to respond in any way, with a default judgment being correspondence as lo the status or the case and failed to entered in each of these three cases. Even though receiving respond to any telephone calls of the client The Disciplinary notice to appear ror a hearing as to discipline,Craddock failed Boardfound Craddockguilty or willfulneglect or a legal matter to appearat said hearing. The DisciplinaJ)'Boa.rd. upon adjudi entrusted to him (Rule l.3), or failing to explain a matter to cation or guilt of all formal charges against Craddock.ordered the extent reasonably necessary to permit the client to make that he be disbarred.(ASB Nos. 92-415, 93-002, 93-056) informeddecisions regarding the representation(Rule l.4(b)J. • Jeny DeWitt Baker, a Huntsville lawyer, was disbarred of failing to keep the client reasonably Informed about the from the practice or law by order or the Supreme Court or matter and promptly comply with reasonable requests for ,nformation (Rule l.4(a)), and or engaging in conduct that Alabamaeffective M ay 17, 1994.Ba ker foiled lo respond to 14 adversely reflectson his fitness to practice law. formal charges and a defaultj udgment was entered on Febru ary I, 1994. On April 1, 1994, a hearing lo determine discipline In the second matter, a cll ent contactedCraddock about pos was held before the Disciplinary Board or the Alabama State sibly filing a medical malpractice action. Craddock agreed to handle the matter on a contingency ree basis. Craddock mis represented to the client Lhal he had filed the malpractice action. Subsequently,the client discoveredthnt Craddockhad not fileda suit but had merely written a letter to the physician REAL ESTATE in question. Craddock failed to keep appointments with the client to discuss the case, and failed lo respond to letters from ATTORNEYS the client The client fileda grievanceagainst Craddock.Crad LASER SOFfW ARE dock railed to respond to three separate requests or the Huntsville-MadisonCounty BarAssociation seeking a response A complete line of Real Estate Closing to the client's complaint. The DisciplinaryBoard found that Programs including Craddock'sactions constituted a violation or Rules 1.3. l.4(al, ~ HUD's, Buyer & Seller Statement s, 8.4 (g) and 2(e), AlabamaRules o( DisciplinaryProcedure (fail Disbur sement Register, Checkwriting ing to respond to a request for a responseor for information in @ Deeds, Mortgages, Notes, & Affid avits a matter im"Olvinglawyer conduct from lhe DisciplinaryCom ,@ Title Policies, Commitments and mission). Endorsements In the third matter. Craddockwas hired by an individuallo @ FNMA and More probate the estate of the individual's deceased mother. Con trary to the instructions or the client, Craddock pursued a One time data entry, all calculation s wrongfuldeath action concerning the mother's death. In pur performed, high quality printing of complete document, with data, genernted suit lhereor. Craddockrecei\l\'d a check for $40,000payable to on plain pap er. the former executorsor the mother's estate. Craddockrailed to timely pay over lo the necessaryparties the funds entrusted to CALL FREE (813) 763-5555 him. EventuallyCraddock wrote a check to the client in the amount of$34.754. However,when the check was pre.sented by the client for payment It was returned marked "Insufficient l"unds". Craddock failed to make good on the trust account check in question. The Disciplinary Board found that Crad dock's actions constituted violations or Rule l.4(a), 1.S(b) (rail· ure to communicate to the client the basis or rate or his ree), Display Systems,I nc., 180 N.W. lrd A~ . Okcc.chobc:c, f1l.34972 l.S(c) (railure lo provide the client with a written statement THE ALABAMALAW YER SEPTEMBt;R 1994/ 3 ll Bar and, although Baker was duly noticed as to the time and prohibiting Saint from practicing law. This restraining order place of the hearing. he failed to appear. The Disciplinary was acknowledged and made effectiveApri l 22, 1994, by order Board considered the charges "deemed admitted" pursuant to of the Supreme Court of Alabama. (Rule 20(a) Pet. 94-011 Rule 12(e) (4) of the Rules of Disciplinary Procedure and mat ters in aggravation and determined that Baker should be dis • EffectiveJuly I, 1994, Birminghamattorney Dwight ue barred from the practice of law. The Disciplinary Board also Ori.skill has been suspended from the practice of law for non ordered that Baker make reslituti on in the amount of compliance with the MandatoryContinui ng Legal Education $20,860.87in various amounts to 12 former clients. (ASBNos. Rules. ICLENo. 94-051 92-159, 93-150. 93-185, 93-186. 93-211, 93-213, 93-236, 93- • Plorence attorney Dennis Neal Odem was suspended by 248. 93-285,93 -291, 93-292, 93-294,93-320, and 93-3331 order of the Supreme Court of Alabamafor a period of 90 days, Suspensions said suspension effective beginning July 6, 1994. The Disci • The Supreme Court of Alabama temporarily suspended plinary Commission of the Alabama State Bar had ordered Auburn attorney Jack Ferrell Saint, effectiveApril 22, 1994. Odem's suspension pursuant to Rule 22(a)(2), Alabama Rules Saint's suspension was pursuant to Rule 20(a), AlabamaRu les of DisciplinaryProcedure, based upon the fact that Odem was of DisciplinaryProcedure. convictedof a felonyin the United States District Court for the Saint was previously noticed to appear before the board of Northern District of Alabama.Odem 's convictionwas for a vio bar commissioners to receivea public reprimand with general lation of 31 U.S.C. Sec. 5324(3). and 18 U.S.C. Sec. 982. publication for multiple violations of the Rules of Professional Odem's crime involvedhis depositing funds of $10.000 or less Conduct of the AlabamaState Bar. Contrary to express direc in an attempt to avoid the bank's reporting the amounts in tions of lhe president of the AlabamaState Bar, Saint failed to question to the federal government. !Rule 22(a) (Pet. No. 93- attend the board of bar commissioners' meeting as ordered. 03)) He thereafter failed to provide satisfactory documentation as •Michael Stanley Sheier, a Birmingham lawyer, was tem to the reason for his absence from that meeting. Due to Saint's porarily suspended from the practice of law effective June 27, failure to comply with orders of the Disciplinary Commission 1994, by order of the DisciplinaryCommission. pursuant to and the president of the Alabama State Bar, an interim sus Rule 20(a) of the Rules of Disciplinary Procedure. Sheier, by pension of Saint was sought by the Officeof General Counsel of the AlabamaSta te Bar. his actions, was causing or was likely to cause immediate and serious injury to his clients and to the public as evidenced by The Disciplinary Commission entered a restraining order the large number of serious complaints filed against him and by the fact that Sheier refuses to respond or cooperate with the disciplinaryauthorities of the AlabamaState Bar and has, by his actions, attempted to thwart the process. IRule 20(a) (Pet. No. 94-02)J • Richard Lee Taylor, a Birn1inghamlawyer. was suspended from the practice of law for 120 days by order of the Disci plinary Board, Panel 111.The Disciplinary Board,after hearing, found Taylor guilty of willfully neglecting a legal matter entrusted to him in violation of DR6 -lOl(A) and Rule 1.3; for failing to seek the lawful objectives of his client, failing to ~ .., ...... carry out a contract for professionalservices and for damaging i- ·~ ..... ,...... ,... "'- r-:==-~~-=- ""'...... his client during the course of the professional relationship in \ - . -.. \ ..- . .. --.... - violation of OR 7-lOl(A)(l), (2) and (3); for failing to provide - competent representation to a client in violation of Rule l.l; and for failing to respond to a demand for informationby dis e fitt~ ~ t~e ~ 11tliY1-tj.le11ve.s ciplinaryauthorities of the bar in violation of Rule 8.1. Taylor, Sponsoredby the Louisiana StateBar Assoc iation after being retained to defend a client in a lawsuit, failed to respond to a request for admissions and interrogatories and October 29 - November1 , 1994 failed to comply with an order of the circuit court to respond Grove Park Inn Resort to the request for admissions and interrogatories. This failure Asheville,North Carolina caused a $500,000defa ult judgment to be entered against his client. Taylor took no action to have the default judgment set 15 hours of CLEcredit aside, thus causing his client to lose his home. Taylor failed to Enjoythe magicof the BlueRidge Mou ntains respond to requests for informationfro m the BirminghamBar Association Grievance Committee. The Alabama Supreme burstingwith the fiery colors of fall. Court ordered Taylorsuspe nded, effectiveJune 27. 1994. IASB No. 92-540] For a comprehensivebrochu re, contactVanessa Dup lessis (800)421-LSBA• (504)566-1600 • Fax (504)566-0930 Public Reprimands • Montgomery attorney Keith Ausbom was publicly repri· 312 / SEPTEMBER1994 THE ALABAMALAWYER ' manded. with general publication, by lhe Alabama St.1teBar on May 13, 1994. Ausborn represented a partydefendant In litigationconcern ing an auto loan. In representing the defendant,Aus bom also ABRIEF LOOK AT filed a counterclaim. The matter proceededto a trial with a judgment being awardedin favorof the plaintiffagainst Aus ContinuingLegal Edu cation for born's client, and a judgment against Ausborn's client on the counterclaim. Ausbornthen appealedthe case on behalf of his the 1993Compliance Year client to the AlabamaCourt of CivilAppeals . The opposingparty sought sanctions under Rule 38. Alaba· By Keith B. Norman ma Rules of AppellateProcedure , and/or the AlabamaLiUga. lion Accountability Act for Ausborn's filing of a frivolous In 1993,thc MCLECGmmlsNon n am honored to have the As president of the YLS,I also want privilegeo f serving as presi to improve the communication between dent of the Young Lawyers' the section and the local affiliates. Section of the AlabamaState ln the past, the presidents of the local DBar for the upcomingyear. One purpose affiliates were often members of the for which lhe YLSwas organized is lo YLS ExecutiveCommittee and an overt providea programof aclivitiesattractive attempt to communicatewas not neces lo the membersof the sectionand helful sary. In recent years, however, this to the legal profession.tn fulfillmentor has not alwaysbeen the case.and both this mission,tht section has many on the YLS and the affiliates have going project.s, Including the annual missed several opportunities to work Sandeslin Seminar (a two-dayseminar together . As a beginning, I invite at Sandeslin. Florida), the Youth Judi the president of each local affiliate lo cial Program (a Joint programwith the attend all YLS Executive Committee YMCAlo sluge mock trial competitions meetings. for high school students), the bar HAL WEST Finally, I than k Les Hayes for admissions ceremonies for spring and his outstanding leadership as president fall admillees. and a Minority High the past year and for his leadershipas School Pre-1..awConfe rence (a confer ing young lawyers' a,~areness of and a Yt.S omcer and member of the ence for minority high school students Involvementin YLSaclivities. If you are Executive Committ ee in prior years. across the stale who are interested in interestedin becominginvolved in any of I also thank Barry Ragsdale for his attending law school). Unfortunately, the projectsor havean ideafor a newpro service as secretary, treasurer and a manyyoung laW)-trsare unawareof the ject. contactme al (205)716-5200 or any member of the ExecutiveCommittee. section's activiliesand the opportunities of the officersof the section: President Les and Barry's energy and leadership to get involvedin bar activities. In the electBuddy Smith ; SecretaryAndy Birch prolled to be invaluableand will be sore upcomingyear, I will focus on increas- field;or TreasurerRobert Hedge. ly missed. • Call Now To Reduc e Ov e1.·l1end! Did you do 129 complete closings in ..l_ Month with ..l_ Secretary using ..l_ Computer ? ~ clolngCIOalnga aa a pubic seNice and TurbOCLOSE' ~ l!Wlktmoney W1tJ\ lower peofl'e . Fo.rtt.tt Pro&ramfor RuJ Es:1al6 Closings (800)74 1-646$ 314 / SEP'l'EMBER1994 THEALABAMA LA WYER RECENTDECISIONS By DAVIDB. BYRNE, JR. and WfLBURC. SILBERMAN court expresslyrejected the petitioner's drugs. The Montana Acl expressly pro SUPREME COURT due process contention that a misde vided that the "tax" is to be "collected OF THE UNITED meanor defendant must be warned that only after state or federalfines or forfei STATES-CRIMINAL his conviction might be used in the tures havebeen satisfied." future for enhancement purposes. The issue present on certiorari was Uncounseled misdemeanor whether U1etax, an assessment equal Lo convictions may be used State drug tax can trigger eight times the product's market value, to enhance punishment double jeopardy provisions was a form of double jeopardy invalid of Constitution Nichols v. UnitedStates, Case No. 92- under the federalConstitution. Montana Department of Revenue v. 8556, 62 USLW4421 (June 6, 1994).May Justice Stevens,writing for the majori Kurth Ranch, CaseNo. 93-144, 62 USLW judges determining the length of prison ty, held that the Montanata.x violates the sente nces consider defendants' prior 4429 (June 6, l 994). May the state constitutional prohibition against succes impose drug-possessiontaxes on a defen misdemeanor convictions even if the sive punishments for the same offense. dant who already had been subjected to defendantshad no legal help (counsel) in The decision is significant because il the earlier case? The Supreme Court criminal penalties? A sharply divided marks tbe first time that the Supreme Supreme Court (five-to-four} said no. said yes by a six-to-three vote. Court hasconcluded that impositiono f a Montana law enforceme nt officers Nicholsp leadedgu ilty to federal felony tax can amounl to double jeopardy.The drug charges; he was assessed criminal raidedU 1e Kurth familyfarm; the officers Court reasoned that taxes are usually history points under the United States arrested the Kurths, and confiscatedand motivatedby revenue-raisingrather than later destroyed their marijuana plants. Federal Sentencing Guidelines, includ punitive purposes.Montana's tax departs After the l(urths pleaded guilty to drug ing one point for a state misdemeanor far from normal revenue laws. Its high conviction for driving while under the charges, the Montana Department of rate and deterrent purpose, in and of Revenue attempted, in a separate pro influence (DUI), for which he was fined themselves.do not necessarilyren der it ceeding,to collect a state tax imposedon but not incarcerated. That criminal his punitive, but other unusual features set it tory point increasedthe maximum sen the possession and storage of dangerous apart from most taxes.Li is conditionedon tence of imprisonment under the guidel ines from 210 to 235 months. Nicholso bjected to lhe Court's use of his uncounseled DUIconviction to enhance punishment relying upon Baldasar v. lllinois, 446 U.S. 222 (1980). LANDTECH86 Chief Justice Rehnquist, writing for the majority, held that such considera Real Estate Settlement System tion does not violate a defendant's Sixth For/.Jlser or Mal-rix Printers Amendmentright to counsel if the earli er conviction did not result in imprison • HUD 1 Automatic Calcula tions ment. The decision overturn ed the • Checks & Escrow Accounting splintered 1980Supreme Court ruling in • WocdProcessor - Spell Check Baldasar v. fllinois., which had been construed by lower federalcourts to ban Policies& Commitments consideration of uncounseled misde Deeds& Mortgages meanors in enhancing sentences.Spec if • Data Base Reportin g ically, the Supreme Court held that, • On site Training Availab le consistentwith the Sixth and Fourteenth • 10'J9S Reporting Amendments, a sentencing court may ~ .... Qli&ii ... _ consider a defendant's previous uncoun $1,495.00 seled misdemeanor conviction in sen :a tencing him for a subsequent offenseso LANDTECH long as the previousuncounseled m isde DATA C ORP O RA T ION (800)937-2938 meanor conviction did not result in a sentence or imprison ment. The high 303 Guaranty Bui1 lding • 20 South Olive A venue • West Palm Beach,FL 33401 THE ALABAMALAWYER SEPTEMBER 1994/ 315 ,.._ l I.. • ...... • ... loo'-...... ' \...... ~ ~ ... :: :~ ... ~ L IIIGmZJfll-- -,U.,OIO • \.. - - ...... "' "' • .... \.. The Michie Company and 1rvOur 30-D~Hooeymoon. Sheparo's"'have combined their Free1i-aining. Free Support. l.."llowledgeto bring you an unprece FreeUse Of A CD-ROM Drive. dented level o( conven-ience and SearchAnd Sbepardize~ We're so conf'ldem Alabama Law reliability in researchingstate law. On Disc, Shepard's Edition wiII Ir's Alabama Law On Disc~ AlabamaLaw With OneEasy make your tese1trchtime more pro Shepard's• Edition. To-UseCD-ROM. ductive, we'll s~ply the disc and One high-speed CD-ROM con• With iusr a keystroke, you can a loaner CD-ROM drive for 30 Jnys cains Michie's complere library of automatically Shepardize" material m no cosr or obligation. If you're Alabama law plus Shepard's com of interc,t, switching at will be not completdy $adsfied,return the prehensive cltotions coven:,ge. tween the fuUtext and Shepard's system and you'll owe us noth ing. Shepard's covers all relevant federal Cirarlons. Call 800/356,6847and ask about and state decisions, allowing you co: You'll rove time and cosr finding Alabama Law On Disc, Shepard's • understand the acrual starus of law on point and validanng your Edition. Make this marriage ol cun your precedem research. And you'll have an offen ven,ence the penecc match for you • find addinonnl cases, and sive weapon to better answer oppos and your procticc. ing arguments. • learn inscantly if a reversal has Each month you'll receive a new destroyed your precedent. disc that concains monthly upJares THE MI CHIE C OMPANY This marrini:cof 1.worespects- THE ALABAMAl..AWYER SEPTEMBER1994 1317 asking for a lawyer, he replied that he HousingAssn .. I llh Cir., (Fla. May 23, was not. The NIS agents took a short 1994) 21 F. 3d 380; 25 B.C.D.1094. In a break. The petitioner was again remind housing cooperative,which later filed a ed of his rights and the interviewcontin Chapter 11 bankruptcy case.Sl million ued for another hour until the seaman was deposited by the tenants with a asked to have a lawyer present before bank. The tenants divided into two fac saying anything else. The military judge tions, which resulted in a frenzy of liti denied his motion to suppress the state gation. In the bankruptcy case, the ChiJd Suppor t Softw:ire ment made al the interviewholding that trustee filed an adversary proceeding his mention of a lawyerduring the inter against the bank. The bank counter claimed against the lrustee, and also u- Coseinfo1mo 1loncan be ,avcd & rogation was nol a request for counsel. filed an lnterpleader in the bankruptcy r••rlevctl 1-te was convicted of murder and, ulti mately, the Court of Military Appeals court as lo third-party claims. The main !318 / SEPTEMBER1994 THE ALABAMALAI WER argument and held the filed tariff rates not collect for undercharges based case conver ted to Chapte r 7. ihe were void, thereby concluding that on filed, but void, rates. trustee's final report at the time of con there were no rates on file. The debtor ver sion reflected over $150 ,000 in had contended that to hold contra to its Eleventh Circuit holds interest accru unpaid debts. The trustee contended viewwoul d contravene the 1989 Mais/in ing during Chapter 11 on trade credi that Chapter 7 administrative claims, case (497 U.S. 116, 121), which held tors' post -petition was accorded super-priority claims, and Chapter II that the ICC could not by non-enforce administrative expense priority up to administrative claims militated against ment allow parties to agree to a lower time of conversion to Chapter 7; how immediate payment. The bankruptcy rate, which practice would cause price ever, Bankruptcy Court did not abuse court allowed claim of performance of discrimination. The opinion concluded: discretion in not allowing immediate requested carpet-finishing services to a Trustees in bankruptcy and payment creditor as a Chapter 11 administrative debtors-in-possessionmay rely on In re Color-TexIndustries, 19 P.3d claim but denied a request for interest the filed rate doctrine to collect 1371, 25 B.C.O. 929, (I Ith Cir. (Ga.) and immediate payment On appeal, the for undercharges ..., but they may May 2, 1994). This original Chapter II district court allowed the interest claim Notice United States District Court NorthernDistrict of Alabama In Re: The Matterof The Reappointmentof T. Michael Putnamas a United States MagistrateJ udge The current term of the office of United States MagistrateJudge T. Michael Putnam at Birmingham, Alabamais due to expireFebruary 8, 1995. The UnitedStates DistrictCourt is required by law to establisha panelof citizensto considerthe reappointmentof the magistratejudge to a new eight-year term. The duties of a magistratejudge position include the following: (1) condueting most preliminarypro ceedingsin criminal cases, sueh as initial appearances, bond and detention hearings, and arraignments;( 2) the trial and dispositionof misdemeanorcases; (3) conductingvarious pretrial matters and evidentiarypro ceedingson referencefrom the judges of the district court, includingcivil discoveryand other non-disposl tive motions;(4) conductingpreliminary reviews and makingrecommendations regarding the dispositionof prisonereivil rights eomplaintsand habeascorpus petitions;and (5) trial and dispositionof civilcases upon consent of the litigants. Commentsfrom membersof the bar and the publicare invitedas to whether the incumbent magistrate judge should be reeommendedby the panel for reappointmentby the court and should be directedto: PerryD . Mathis, Clerkof Court U.S. DistrictCourt for the NorthernDistrict of Alabama 140 Hugo L. BlackU.S . Courthouse 1729 Fifth Avenue, North Blnnlngbam, AL 35203 Commentsmust be receivedno laterthan Friday, October7, 1994. THE ALABAMALAWYER SEPTEMBER 1994/ 319 up to the lime ol conversion. after ing paymenl. Insofaras interest is con relief from the automatic slay as of a which It determined that il would have cerned, It noted the §503(b) (I) does future dale. More than ten days after only a liflh priority under §726(a) (5). not specilicallyprovide for the right ol the entry of that order. a creditor fileda The Eleventh Circuit, in reviewing an administrative claimant to interest. motion seeking to reinstate the auto under the "clearly erroneous" standard, but that since as the seclion uses the matic stay or in the alternative, to stay determined lhat the bankruptcy court term "including• there was no prohibi the first mortgagee's foreclosure of had not abused its discretion in delay- tion against such allowance. In a the debtor's real property. Finding detailed discussion in which the that the movanl had failed to seek Eleventh Circuit recognizedthe ambi reconsideration or the court's prior David B, guity In legislativehistory, and the con order granting relief from the automat avm•. Jr. met in decided cases. the Court relied ic stay and concluding that the movant C>aw:t8 B)'l'ne. Jr 1sa upon In re Allied MechanicalService, must initiate an adversary proceeding QfadUa!e al lhe t.lnM!f. 885 f'.2d 837 (1989) and Nicholas u. to obtain Injunctive relief, the ...... ,.,-- -boc,11>$ . UnitedStoles. 86 S.Ct. 1674(1966) that bankruptcy court struck the motion. _..,....andl.w OIOfNI.t-te • a mer,,. interest in ruling on trade debts On appeal lO the district court, Judge llor 01 incurred during the pendency of a Acker dismissedas untimely the appeal lrn\ol-&E!as«°'""'-•00 .. .., COtters .. crmnaf Chapter 11 proceeding should be of the prior order granting relief from accordedadministrative expense priori the automatic stay since the appealwas ty similar to interest on tax claims, but perfected more than ten days after the -Wilbur O. SIiberma n that upon conversion lo Chapter 7, entry of that order. After agreeing with W1lbutG S!lbetman. ol accrued interest thereafter is only liflh the bankruptcy court's conclusion that ""' &mln!i"8tn flffl\of Go100,,, Sl1t>mman, priority under §726(a)(5). the Bankruptcy Code does not autho Wlgoin1,&Childs. 1 1• rize the reinstatement of the automatic !ended Samlo 320 I SEPTEMBER1994 THEAU\BAMA U\WYER Winston F. Groom, Sr. M u.1ttd from Yale I.ow School and wos called list Hospitals or Blrmlnghom, was on the GilbertE. Johnston,Sr. into U,e Army In 1941; and, (>oardof trustees or Samford Unlvtrsity/o r WHf:RF.A.~.C llherl F..J ohnston, during over 15 ycnr;; he was pu l ~resident or IIERlcAS. Ctlbert E. Johnston, Sr. Ulr waryear, . served two and a half years in Birmingham Count,y Club. Tht Club. Red· was on active member of th< India nod one year u • lieutenant colonel stone Club and Willow Point Country Club; Wb•r of thi, City and the State or on the st•rr of Ceneral Manhall: and, and. Alobama ~nd departed this life May 17, WHEREAS,he beg.,n the practice of law WHEREAS,Cllberl £. Johnston is sur 1994;and . In 1945 in Birmingham, retiring in 19$6. vivedby hls wlft. KatherineEs tes Johnston; WHEREAS, Cllbert E. Johnston ume His firm wa.1 Johnston. Barton, Proctor, dau9httr Kathonne J. Myatt: and thr LindsayClay Callaham,Jr. indsay Cl•y C•il•h•m. Jr. was born PleaseHelp Us November 12, 1947 and died June 11. L199<1. He wos admllted to the Alabama The AlabamaLawver " Memorials"sec tion is designed to provide members Slatt Bar May 26, 1987. His voice is silent or the bar with informationabout the death or their colleagues.T he Alaba now.bu l Clay still remains with us in the ma State Bar and the EditorialBoard have no way o( knowingwhen one of min.J'seye: Standing then, with his head tn our members is deceasedunless we are notified. Please take the time to on THEA LABAMA LAWYER SEPTEMBER 1994 / 321 the Universityof Arizona,and the Birming. our profoundsense or Joss in the paSslng or DouglasW. ham Schoolof Law:and, our colle.aguewho servedour pro(ession Stockham,III WHEREAS,Douglas W. Stockham 111 and communitywell. used his legal skills as an employee of NOW, THEREFOR&, IT IS HEREBY EREAS,UouglM W. Stockham Ill, AlabamaPower Companyaf\er his admis, Rf:SOL\IEDby the ExecutiveCommittee of member of the Birmingham Bar sion to the bar; and. the Birmingham Bar A:\Sociati9n, thal this ,;sociation since 1933. died at the WHt:REAS.Douglas w.Stockham m resolutionbe spread upon the minutes of o( age o( 45; and, was a member First United Methodist this committee and that copie..sthereof be. WHt:REAS.DouglM w. Stockham m Church, Sylac.1uga.Alabama : and, sent to his sons, Douglas W. Stockham IV had ooen a member or the AlabamaState WHEREAS, Douglas W. Stockham 111 and LewisStockham. Bar since 1982: and gave freelyof his time to his comnlunity; WHEREAS,Douglas W. Stockham Ill and. -1\~lllam N. Clark was a graduate o( Indian S_pringsSchoo l, \VREREAS,we wish to expres$our deep Ptt.side-nt regard ior Douglas W. Stockham Ill and Birmingham Bar Associatlon andwa.1 admitted to the AlabomaState Bar sional lire;and earned llie respector ·her fel GabrielleU. Wehl in 1977;and, lowlawyers and all who knewher. and WHEREAS,Gabrielle UrbanowiczWeh l WHEREAS, GabrielleUrbanowkz Weh J is HER£AS.t]ie served a one-year'c lerks.hipwith Circuit suivilltdby her husband, Marvin J, Wehl, Jr .. Hunts.vilie Judge John David Snodgrass, in Madison a l'espectedmember o f our bar; and a son, WM ad is on County,Alabama; served as a staff auorney MarvinJ. Wehl,Ill, agese~nyears: and. CountyBar Associa· with the LegalAid S<>cietyor Mobile; and WHEREAS.Gabrielle UrbanowiczWehl tion comes togtthet with the~ ServicesCorporation o( Amba· wasa valuedand res:pec.ttd friend, and was a to pay tribute to ma, in Mobile, Alabama;and practicedwith distinguishedc it:i"'" or this community;and GabrielleUrbanowicz the finn of Bell.Richardson & Sparkmanin it is in gmte.(ulmemory and appreciationof Wehl, who passed riunl$\/ille.Madison Councy , Alabama,until her conl-ributionsto thi$comn~unity, to her away on April 9, acceptingthe JJOSiUonof generalcounse l for profession,~nd to ihis associationthat this 1994:and. DP Associates, with offices in Fluntsville. resolutionls adopted. W H EREAS , Madison County, Alabama. which pasilion Gabrielle Urbanowicz Wehl was born in she held at the time or her death; and. ~ohn D. Soodgr.ass Syracuse,New York, and attendedcoll~e at WHEREAS. GabrielleUrbanowicz Weh l Pruiden1 Sweet Briat College, and llie Universityof established a reputation as a person o( Huntsville-Madison AlabamaSchool or Lawin Tuscaloosa.Alaba integrity anddignity, and distinguishedher CountyBar ,\ssocia.tion ma, graduating with a Juris Doctord~ree; selr in all aspectsof cqmmunityand profes- Joe G. Barnard Cecil Jltaxwell Deason Horace Everett James Russell McElroy Birmh}ghom Birrningham Garth , III Bit1t11i1gham Mmilted: t9S6 Admitted: 1930 Hunlwille Admilted:1924 Died: July tS, 1994 Died:July 8 , 1994 Admitted: 1950 Died: Jw\C2ll, 1994 Died:March 17. 1994 Cha,rles Houston Richard Owen Fant, Jr. Warren S. Reese , Jr. Beaumont Th=IOOSIJ Julia Huey Griswold J'40ttlgomerg Birrningh()m Admilled:1948 &,,lt!rprls<, Atim/Jled:1929 Admilled:i944 Died:July J O. 1994 Admilted; 1941 Died:Jun c21, 1994 Died:March 1994 Died:June 16, 1994 Harry Whitehead William Winfred Lindsay Clay Camble , Sr. William Cannon Watson Callaham, Jr. Seb110 Irby, Jr. For1Pa.~ne lVelumpko ()Jx,lika Admilfed: 1923 Atim1tled: 1950 At/milled:1987 Admilled: 1947 Died:Jun, 5, 1994 Died:J unt 11. 1994 Died:July 19, 1994 Died:~l>rch 16 . 1994 Benjamin Lawrence Robert E. Carter Milton Guy Garrett Charles Mitchen Kidd Wesson Birmingham Birminghan1 Allan/a. G':4 Madlson Admil/t/Jf:1968 Admilled:1967 Mmilled: 1962 Mmilled: 1949 Died:Man:h 30. 199-l Died:March 28 , 1994 Died:June9 . 1994 Died:M•rth IS. 1994 322 I SEPTEMBER1994 THE ALABAMALAWYER CLASSIFIEDNOTICES RA TE S: Me mb ers: 2 free listings ol 50 words or less per bar member per calendar year EXCEPTfor ·position want ed" or "po511Jon oltered" listings - S35 per inserllOn of 50 words or less, S.50 per additional word: Non me mb ers: S35 per insertk>n ot 50 words or less. $.50 per additional word Classified copy and payment must be received according to the following publishing schedule: Sept emb er '9 4 Iss ue - deadline July 31, 1994 N ov emb e r '9 4 iss ue - deadline Sep1ember30, 1994; no deadline extensions will be made. Send classilled copy and payment, payable to Tho Alabama Lawyer, to: Alabama Lawyer Classilleds, c/o Margarel Murphy, P.O. Box 4156, Mon1gomary,A labama 36101 . • LAWBOOKS : The Lawbook Exchange, law-related Jobs with the U.S. Govern · FOR SALE Ltd. buys and sells all mafor lawbooks, ment, other public/private employers in state and federal , nationw ide. For all Washington. D.C. throughout the U.S. • LA WBOOK S: Wiillam s. Hein & Co. Inc., your lawbook need$ , phone 1-000-422· and abroad . 500·600 new jobs each serving the legal commun,tyfor over 60 6686. MasterCard . VISA and American issve. $34 for three months; S58 for six years . We buy. sell. appraise all law Exptessaccepted . months. Fede THE ALABAMA LAWYER SEPTEMBER 1994 / 323 tion lor lrlal. For confidential consulla · state /f ederal courts ol Alabama. vicesrobe performed is greater then the lions or copy of C.V. and relerences. Forgery. alterations and document quality of legal services pBrformed by contact Wyman0. Higgins at (205) 260· authenticity examinations . Criminal and other lawyers. 8892 or P.O . 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