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American Empire Surplus Lines V. Hathaway Dev. Co.: an Important Occurrence in Georgia Insurance Law What Deserve?Do You

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American Empire Surplus Lines V. Hathaway Dev. Co.: an Important Occurrence in Georgia Insurance Law What Deserve?Do You American Empire Surplus Lines v. Hathaway Dev. Co.: An Important Occurrence in Georgia Insurance Law What Deserve?do you Choose professional liability coverage with Georgia Lawyers Insurance Program, and you deserve to be Treated Fairly®. With a continuing presence led by Aubrey Smith, based in the greater Atlanta area, you deserve: Respect for your busy schedule. Aubrey and his team care about your practice, providing personalized attention and quick answers to your questions. They know the pulse of law in Georgia. Freedom from letting go of coverage worries. You buy insurance to cover potential claims and deserve to trust your carrier’s financial stability. ProAssurance Casualty Company pays settled claims promptly and is rated A (Excellent) by A.M. Best. Less hassle. Rely on us to provide unparalleled support—from effective risk management to thoughtful claims counsel. Don’t you want to be Treated Fairly®? Think about it. Call Aubrey Smith today at 866.372.3435 for a free, no-obligation quote, or visit galawic.com. Professional Liability Insurance for Lawyers & Law Firms 2007-2011 5DWHG$ ([FHOOHQW E\$0%HVWå3UR$VVXUDQFHFRP 5 Years Running Quick Dial Editorial Board Attorney Discipline 800-334-6865 Editor-in-Chief ext. 720 404-527-8720 Robert R. Stubbs Consumer Assistance Program 404-527-8759 Members Conference Room Reservations 404-419-0155 Robert Henry Beer Christina Virginia Hendrix Fee Arbitration 404-527-8750 Erika Clarke Birg Michelle J. Hirsch CLE Transcripts 404-527-8710 Diversity Program 404-527-8754 Donald P. Boyle Jr. Michael Eric Hooper ETHICS Helpline 800-682-9806 John Clay Bush Hollie G. Manheimer 404-527-8741 Clayton Owen Carmack Edward Alexander Marshall Georgia Bar Foundation/IOLTA 404-588-2240 Georgia Bar Journal 404-527-8791 Catherine Nemetz Clutter Olivia Orza Lawyer Assistance Program 800-327-9631 James William Cobb Matthew James Pociask Lawyers Foundation of Georgia 404-659-6867 Timothy Jerome Colletti Susan Lee Rutherford Law Practice Management 404-527-8773 Law-Related Education 404-527-8785 Bridgette Eckerson Paul Gregory Sherman Membership Records 404-527-8777 Lynn Gavin Jack P. Smith III Meetings Information 404-527-8790 Robert Frederick Glass Pamela Y. White-Colbert Pro Bono Project 404-527-8763 Adina Greiner Professionalism 404-225-5040 Sections 404-527-8774 Unlicensed Practice of Law 404-527-8743 Editors Emeritus Young Lawyers Division 404-527-8778 Donald P. Boyle Jr., 07-10 William L. Bost Jr., 91-93 Manuscript Submissions Marcus D. Liner, 04-07 Charles R. Adams III, 89-91 The Georgia Bar Journal welcomes the submission of unsolic- Rebecca Ann Hoelting, 02-04 L. Dale Owens, 87-89 ited legal manuscripts on topics of interest to the State Bar of Georgia or written by members of the State Bar of Georgia. Marisa Anne Pagnattaro, 01-02 Donna G. Barwick, 86-87 Submissions should be 10 to 12 pages, double-spaced (includ- D. Scott Murray, 00-01 James C. Gaulden Jr., 85-86 ing endnotes) and on letter-size paper. Citations should con- form to A UNIFORM SYSTEM OF CITATION (19th ed. 2010). William Wall Sapp, 99-00 Jerry B. Blackstock, 84-85 Please address unsolicited articles to: Robert R. Stubbs, State Bar of Georgia, Communications Department, 104 Marietta Theodore H. Davis Jr., 97-99 Steven M. Collins, 82-84 St. NW, Suite 100, Atlanta, GA 30303. Authors will be notified L. Brett Lockwood, 95-97 Walter M. Grant, 79-82 of the Editorial Board’s decision regarding publication. Stephanie B. Manis, 93-95 Stephen E. Raville, 77-79 The Georgia Bar Journal welcomes the submission of news about local and circuit bar association happenings, Bar members, law firms and topics of interest to attorneys in Officers of the State Bar of Georgia Georgia. Please send news releases and other informa- Kenneth L. Shigley President tion to: Sarah I. Coole, Director of Communications, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303; phone: Robin Frazer Clark President-Elect 404-527-8791; [email protected]. S. Lester Tate III Immediate Past President Disabilities Charles L. Ruffin Treasurer If you have a disability which requires printed Patrise M. Perkins-Hooker Secretary materials in alternate formats, please contact the ADA coordinator at 404-527-8700 or 800-334-6865. Stephanie Joy Kirijan YLD President Headquarters Jonathan B. Pannell YLD President-Elect 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 Michael G. Geoffroy YLD Past President 800-334-6865, 404-527-8700, FAX 404-527-8717 Visit us on the Web at www.gabar.org. Communications Committee South Georgia Office Jay Cook Co-Chair 244 E. Second St. (31794) P.O. Box 1390 Tifton, GA 31793-1390 Robert Ingram Co-Chair 800-330-0446, 229-387-0446, FAX 229-382-7435 Coastal Georgia Office Communications Staff 18 E. Bay St. Sarah I. Coole Director Savannah, GA 31401-1225 877-239-9910, 912-239-9910, FAX 912-239-9970 Jennifer R. Mason Assistant Director Publisher’s Statement Derrick W. Stanley Section Liaison The Georgia Bar Journal (ISSN-1085-1437) is published six times Stephanie J. Wilson Administrative Assistant per year (February, April, June, August, October, December) with a special issue in November by the State Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, Georgia 30303. Copyright State Bar of Georgia 2011. One copy of each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to non-members. Single copies: $6. Periodicals postage paid in Atlanta, Georgia and additional The opinions expressed in the Georgia Bar Journal mailing offices. Opinions and conclusions expressed in articles herein are those of the authors and not necessarily those of the are those of the authors. The views expressed herein Editorial Board, Communications Committee, Officers or Board are not necessarily those of the State Bar of Georgia, of Governors of the State Bar of Georgia. Advertising rate card will be furnished upon request. Publishing of an advertisement its Board of Governors or its Executive Committee. does not imply endorsement of any product or service offered. POSTMASTER: Send address changes to same address. 10 GBJ Legal Departments 10 4 From the President American Empire Surplus Lines 8 From the YLD President v. Hathaway Dev. Co.: 34 Bench & Bar An Important Occurrence 40 Office of the General in Georgia Insurance Law by John L. Watkins Counsel 42 Lawyer Discipline 18 46 Law Practice Management Obtaining Out-of-State 50 South Georgia Office Evidence for State Court Civil Litigation: Where to Start? 54 Section News by Rebecca Phalen 58 Member Benefits 26 62 Writing Matters GBJ Features 64 Professionalism Page 26 68 In Memoriam 46 History of the 72 CLE Calendar Western Judicial Circuit by Donald E. Wilkes Jr. 78 Notices 103 Classified Resources 30 104 Advertisers Index Sen. Johnny Isakson and Jimmy Franklin Honored at State Bar Meeting by Len Horton 32 Notice of Expiring BOG Terms 54 62 From the President by Kenneth L. Shigley Virtuous Lawyer Is Not an Oxymoron ames1 had great unrealized potential. Son of gluttony—he might burst into an impression of Julie Andrews in The Sound of Music, singing “these are a a minister in another Southern state, he won few of my favorite things!” Despite his jolly veneer, James swirled into a vortex of alcohol and depression, admission to an Ivy League university but lost his law practice and his family, and died alone far J from home. washed out during his first year and went home to When I think of James and his fate, I am reminded of a conversation I overheard at complete college and law school. “Prudence, fortitude, the Haralson County courthouse on an autumn morning in 1978. A marvelous storyteller, his clos- Two grizzled men, tobacco juice temperance, justice, faith, staining their gray stubble and ing arguments could hold juries faded bib overalls, sat on a bench hope and love. Cynics outside the back door of the court- spellbound. But his cleverness room. As they awaited probation may claim they are but revocation hearings, they looked was so unrestrained by mere like they could have been failed hollow words signifying moonshiners of a slightly earlier facts that judges and other law- era. I overheard a fragment of nothing to us, that the conversation between these two yers learned to distrust anything “old men,” who at the time were idea of a virtuous lawyer probably younger than I am now. he said. “What you in for?” asked the first. “My wife’s been running down With appetites as unrestrained is an oxymoron.” my character,” moaned the second. as his legal arguments, he loved Mournfully, the first man food almost as much as liquor. Over time he became a replied, “I ain’t got no character to run down.” tragicomic figure, bulging out of polyester leisure suits In my arrogant hubris, I chuckled about these two with his hair permed into a frizzy halo around his bald pathetic old losers. Eventually, as the scar tissue of life pate. A persistent, scandalous rumor about his “fee accumulated, I came to recall their exchange in a differ- couch” was confirmed by a college girl whose brother ent light, as a plaintive cry from the bottom of a deep he defended in a murder case. Observing his habits, I well of existential despair by human beings who, at the thought that if faced with a list of the traditional seven end of a long road of bad habits and poor choices, had deadly sins—pride, wrath, greed, sloth, lust, envy and given up on life. 4 Georgia Bar Journal With our fine educations, suits, human nature, choose means and briefcases and high-tech toys, we courses of action, soberly balance may see ourselves as far removed risks and possibilities and manage from those two codgers awaiting life, practice and finances.5 The their probation revocations.
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