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HILTON CHICAGO | WWW.TECHSHOW.COM | @ABATECHSHOW | #ABATECHSHOW | CHICAGO, IL Quick Dial Editorial Board Attorney Discipline 800-334-6865 Editor-in-Chief ext. 720 404-527-8720 Bridgette E. Eckerson Consumer Assistance Program 404-527-8759 Members Conference Room Reservations 404-419-0155 Julia Anderson Jacob Edward Daly Fee Arbitration 404-527-8750 Donald P. Boyle Jr. Lynn Gavin CLE Transcripts 404-527-8710 Diversity Program 404-527-8754 Jacqueline F. Bunn Chad Henderson ETHICS Helpline 800-682-9806 John Clay Bush Michelle J. Hirsch 404-527-8741 Clayton Owen Carmack Michael Eric Hooper Georgia Bar Foundation/IOLTA 404-588-2240 Georgia Bar Journal 404-527-8791 David Gan-wing Cheng Hollie G. Manheimer Governmental Affairs 404-526-8608 James William Cobb Addison Johnson Schreck Lawyer Assistance Program 800-327-9631 Timothy Jerome Colletti Pamela Y. White-Colbert Law Practice Management 404-527-8773 Law-Related Education 404-527-8785 Membership Records 404-527-8777 Editors Emeritus Meetings Information 404-527-8790 Robert R. Stubbs, 10-12 William L. Bost Jr., 91-93 Pro Bono Project 404-527-8763 Professionalism 404-225-5040 Donald P. Boyle Jr., 07-10 Charles R. Adams III, 89-91 Sections 404-527-8774 Marcus D. Liner, 04-07 L. Dale Owens, 87-89 Transition Into Law Practice 404-527-8704 Rebecca Ann Hoelting, 02-04 Donna G. Barwick, 86-87 Unlicensed Practice of Law 404-527-8743 Young Lawyers Division 404-527-8778 Marisa Anne Pagnattaro, 01-02 James C. Gaulden Jr., 85-86 Manuscript Submissions D. Scott Murray, 00-01 Jerry B. Blackstock, 84-85 The Georgia Bar Journal welcomes the submission of unsolic- William Wall Sapp, 99-00 Steven M. Collins, 82-84 ited legal manuscripts on topics of interest to the State Bar of Theodore H. Davis Jr., 97-99 Walter M. Grant, 79-82 Georgia or written by members of the State Bar of Georgia. Submissions should be 10 to 12 pages, double-spaced (includ- L. Brett Lockwood, 95-97 Stephen E. Raville, 77-79 ing endnotes) and on letter-size paper. Citations should con- Stephanie B. Manis, 93-95 form to A UNIFORM SYSTEM OF CITATION (19th ed. 2010). Please address unsolicited articles to: Bridgette Eckerson, State Bar of Georgia, Communications Department, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. Authors will be notified Officers of the State Bar of Georgia of the Editorial Board’s decision regarding publication. Patrise M. Perkins-Hooker President The Georgia Bar Journal welcomes the submission of news Robert J. Kauffman President-Elect about local and circuit bar association happenings, Bar Charles L. Ruffin Immediate Past President members, law firms and topics of interest to attorneys in Georgia. Please send news releases and other informa- Rita A. Sheffey Treasurer tion to: Sarah I. Coole, Director of Communications, 104 Patrick T. O’Connor Secretary Marietta St. NW, Suite 100, Atlanta, GA 30303; phone: 404-527-8791; [email protected]. Sharri Edenfield YLD President Disabilities John R. B. Long YLD President-Elect If you have a disability which requires printed Darrell L. Sutton YLD Immediate Past President materials in alternate formats, please contact the ADA coordinator at 404-527-8700 or 800-334-6865. Communications Committee Headquarters Peter C. Canfield Co-Chair 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 Sonjui L. Kumar Co-Chair 800-334-6865, 404-527-8700, FAX 404-527-8717 Visit us on the Web at www.gabar.org. Communications Staff Coastal Georgia Office 18 E. Bay St., Savannah, GA 31401-1225 Sarah I. Coole Director 877-239-9910, 912-239-9910, FAX 912-239-9970 Jennifer R. Mason Assistant Director South Georgia Office Derrick W. Stanley Section Liaison 244 E. Second St. (31794) P.O. Box 1390 Tifton, GA 31793-1390 Stephanie J. Wilson Communications Coordinator 800-330-0446, 229-387-0446, FAX 229-382-7435 Lauren Foster Administrative Assistant Publisher’s Statement The Georgia Bar Journal (ISSN-1085-1437) is published six times 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 2015. 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. 12

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GBJ Legal Departments 12 4 From the President 26 A Re-examination of the 8 From the YLD President Protection of Children’s Best 30 Bench & Bar Interests in Public Custody Office of the General Proceedings 38 Counsel by John C. Mayoue and Renée Neary 40 Lawyer Discipline GBJ Features 44 Law Practice Management 22 48 Section News 22nd Annual State Bar Diversity 50 Member Benefits CLE and Luncheon: 52 Writing Matters 38 Identifying and Overcoming 56 Professionalism Page Unconscious Bias by Marian Cover Dockery 62 In Memoriam 66 CLE Calendar 26 71 Classified Resources Baldwin County Courthouse Advertisers Index at Milledgeville: 72 The Grand Old Courthouses of Georgia 48 by Wilber W. Caldwell

Cover Photo: State Bar President Patrise M. Perkins-Hooker pictured with lawyer-legislators in the (Front row, left to right) Speaker of the House of Representatives , State Bar of Georgia President Patrise M. Perkins-Hooker. (Second row) Rep. , Chair, House Judiciary-Civil; Rep. , Chair, House Judiciary Non-Civil; Rep. Larry O’Neal, House Majority Leader; Rep. Stacey 52 Abrams, House Minority Leader. (Third row) Rep. ; Rep. Beth Beskin; Rep. Bert Reeves; Rep. Dusty Hightower; Rep. Dar’shun Kendrick; Rep. Christian Coomer, Administration Floor Leader. (Fourth row) Rep. BJ Pak, Vice Chair, House Judiciary Non-Civil; Rep. ; Rep. Mike Jacobs, Chair, MARTOC; Rep. ; Rep. Bob Trammell. (Fifth row) Rep. Regina Quick; Rep. ; Rep. ; Rep. Brian Strickland; Rep. , Majority Whip. (Sixth row) Rep. Jay Powell, Chair, Ways and Means; Rep. LaDawn Jones; Rep. Stephen Allison; Rep. , Vice Chair, Judiciary-Civil. (Seventh row) Rep. Johnnie Caldwell; Rep. ; Rep. , Chair, Subcommittee on Public Safety and Judiciary, Appropriations. (Eighth row) Sen. Ronald Ramsey; Sen. Elena Parent. (Ninth row) Sen. Jesse Stone, Chair, Judiciary Non-Civil; Sen. Harold Jones; Sen. Curt Thompson, Chair, Special Judiciary; Sen. , Chair, Insurance and Labor. (Tenth row) Sen. John Kennedy, Administration Floor Leader; Sen. Bill Cowsert, Majority Leader; Sen. William Ligon, Majority Caucus Chair; Sen. Josh McKoon, Chair, Judiciary-Civil. Not Pictured: Sen. Judson Hill, Chair, Finance; Rep. ; Sen. Lindsey Tippins, Chair, Education and Youth; Rep. Andy Welch, Vice Chair, Code Cover photo by Peter Stokes Media Cover photo by Peter Revision; Rep. Tom Weldon, Chair, Juvenile Justice. From the President

by Patrise M. Perkins-Hooker Historic Celebrations of Civil Rights and Liberties

find it ironic that during my term of office from It seems as if everyone does not understand or apply equally to all citizens the principles of justice and free- 2014-15, we celebrate the 800th anniversary of the dom initially espoused in the Magna Carta and later incorporated into the Constitution of the creation of the Magna Carta, the 50th anniver- of America in 1789. I The Magna Carta was issued by King John of sary of the adoption of the Civil England on June 15, 1215. This document laid the foundation Rights Act of 1964, the 50th “We must ensure that we for several legal principles which we hold dear today. anniversary of the March on are preserving in practice, The principles of personal lib- erties and protections against Selma, Ala., and the 50th anni- the rights granted to all the authority of governments— which act arbitrarily or capri- versary of the passage of the people in society in each ciously to protect those in power and with money—are Voting Rights Act of 1965, and of the declarations whose woven throughout this mam- moth document. In fact, the yet we still have situations like sheer size of the document anniversaries we celebrate alone is how it earned its title Michael Brown in Ferguson, of Magna Carta, or the “Great this year. Otherwise, the Charter.” This document has Mo.; Trayvon Martin in Miami been deemed the greatest con- celebrations will be in vain.” stitutional document in the his- Gardens, Fla.; Tanisha McBride tory of the world, and it served as the basis for our American Constitution. Amongst in Detroit, Mich.; Tamir Rice in Cleveland, Ohio; and other provisions, the Magna Carta provided protec- tion from illegal imprisonment without due process of Eric Garner in New York City, N.Y. law (Clause 39), created the right of habeas corpus and

4 Georgia Bar Journal provided for swift access to justice (Clause 40). All of these rights probably have a familiar ring. Update on iCivics In 1776, the founders of our by Patrise M. Perkins-Hooker country set out to create a system in which men would be entitled Earlier in my presidency, I introduced an exciting initiative called iCivics. The to certain inalienable rights, based program is an outreach effort involving the State Bar and YLD members who have upon the concepts of the freedoms teamed up to reinforce Georgia middle and high school students’ understanding established in England through of their rights and responsibilities as citizens of the United States. the Magna Carta. Eventually, As a part of the 2014-15 State Bar agenda, I urged Bar members to volunteer to these same rights were granted to assist with organizing and implementing the iCivics instruction that will be used in women and people of color. The Georgia’s schools. This program is already making a positive impact on Georgia’s Magna Carta has been studied by youth, teachers and volunteer lawyers. The YLD Law-Related Education legal scholars in the United States Committee members were moved to action when I asked them to help provide as a way to understand the under- classroom assistance to high school teachers and aid them with online support lying premises of the creators of materials in order to reinforce the importance of civic engagement to young the Constitution. It is fitting that people throughout Georgia. we celebrate the document that Getting involved is exactly what is happening around the state to promote this is sometimes referred to as the very important interactive computer-based instruction program. The process has “Great Charter of the Liberties.” been amazing! The State Bar will be celebrating the 800th anniversary by having As of November 2014, more than 150 volunteer lawyers have contacted the a copy of the Magna Carta on YLD committee to offer their time as classroom resource lawyers. These school display at the Bar Center March systems include: Atlanta Public Schools, Harris County Schools, Liberty County 18-31. A day-long symposium on Schools, Muscogee County Schools, Savannah-Chatham County Schools and the Magna Carta will be held on Wilkinson County Schools. We will also place volunteers in Tift County Schools March 30. I encourage each of in the fall of 2015. you to come, celebrate and find The number of teachers trained by school districts during the summer and fall out more information about this of 2014 are as follows: 22 teachers in the Atlanta Public Schools, 23 teachers ancient document. received instruction in Muscogee County, one teacher from Harris County and The Magna Carta Anniversary 19 teachers in Savannah-Chatham County. Committee was created by In an effort to increase teacher awareness and utilization of iCivics in their Immediate Past President Charles classrooms, YLD local coordinators and Program Consultant Jane Brailsford L. Ruffin. I have continued the staffed a booth at the Conference of Social Studies Council in Athens in October committee and supported its work to distribute information about the program. We were also able to reiterate the during my term. The commit- Bar’s commitment to providing lawyers in classrooms to assist with implementing tee is chaired by Past President the iCivics initiative. An overwhelming 97 teachers signed up to participate in Ken Shigley and is comprised of the program. Each will be paired with available volunteer attorneys to invigorate several esteemed scholars from students’ civic learning through interactive and engaging resources. law schools throughout the state and by attorneys interested in With more than 30 school systems throughout the state of Georgia expressing this celebration. I am proud to an interest in participating in the iCivics program, planning is underway to include be a member of the group and more schools in the program for next year. The program is off to a great start, am pleased about the committee’s and we look forward to hearing from the volunteers about their experiences in fine work. It is due, in part, to my the classroom. involvement with this process that If you know of any additional schools that may be interested in learning more I developed a heightened aware- about the program, please contact iCivics Co-Chair Shiriki Cavitt at shiriki8@ ness of the injustices that continue gmail.com. We look forward to expanding the iCivics volunteer campaign to exist in our society more than throughout Georgia! Won’t you join us? There is still time for you to volunteer 800 years later. your services. In 1964, President Lyndon B. Johnson signed the Civil Rights most southern states had system- Descendants of slaves were denied Act of 1964 into law. This act atically and under the “color of equal access to public facilities, was designed to provide the fed- the law,” eroded the political and accommodations and transpor- eral government with the power social gains that former slaves and tation systems. Demonstrations to enforce the provisions of the their descendants had acquired from members of our society in 15th Amendment. This act was after the formal end of slavery strong opposition to the unfair needed to address the fact that in the United States of America. and unequal treatment of African-

February 2015 5 Americans brought to light the tors and the murders of numerous and systemic psychological dam- inherent injustice of a system that voting-rights activists. age done to both groups of people treated members of the same soci- One of these peaceful demon- who benefitted from and those ety differently. Unfortunately, we strations occurred on Sunday, who were subjected to enslave- are seeing a repeat of some of the March 7, 1965, almost 50 years ago ment is being revealed today by same civil protests that are being in Selma, Ala., when a group of racism in our criminal and civil sparked throughout the country disenfranchised citizens attempted justice systems. by citizens who are angry about to walk to Montgomery to protest As caretakers, leaders and mem- their denial of equal treatment by the abuses of the state of Alabama bers of the legal system, we should local law enforcement authorities in denying equal treatment of its acknowledge the problems with and judicial systems. citizens. The resulting violence built-in biases of a legal system In August of 1965, President was televised nationally. The con- based upon the influence of people Lyndon B. Johnson signed into law science of America was shocked by who serve on juries, others who the Voting Rights Act of 1965, which the way in which the police pow- serve as police officers or persons was designed to once again estab- ers of many southern states could who are officers of the court. These lish federal oversight and interven- be manipulated and controlled citizens’ perspectives are formed by tions into the way by which certain to such a degree as to viciously their experiences and acculturation southern states were trying to cir- and violently turn against its own in a system where racism and social, cumvent the ability of people of citizens. After witnessing violence class and racial prejudices exist. If color to vote. Amongst other things, and seeing children being hosed we fail to make adjustments to the the legislation outlawed literacy down in the street in Birmingham system, to address the actual impact tests, poll taxes and other state or by Chief of Police Bull Connor, of racial and discriminatory biases, local imposed restrictions that lim- Americans were finally fed up and then the types of civil liberties envi- ited or denied the right to vote to a demanded action from their elect- sioned 800 years ago in the Magna certain category of citizens. It also ed representatives. Carta will never truly belong to provided for the appointment of As we celebrate these mile- all people. federal examiners (with the power stones in history, we are being As members of the justice sys- to register qualified citizens to vote) reminded as a society about how tem, we must review and analyze in those jurisdictions that were fragile the balance is between the systemic failures and the basis “covered” according to a formula enforcing the law and protect- for the same. We must ensure provided in the statute. History ing the rights of citizens. Under that we are preserving in practice, has recorded that none of the pro- the Magna Carta, the rights of the rights granted to all people in tections provided under either the citizens were prominent, and yet society in each of the declarations Civil Rights Act of 1964 or the today the same system of justice whose anniversaries we celebrate Voting Rights Act of 1965 would designed to protect and preserve this year. Otherwise, the celebra- have been granted by Congress or the basic liberties described in the tions will be in vain. the president of the United States Magna Carta is under siege. The without the peaceful demonstration problem is that our forefathers Patrise M. Perkins-Hooker is marches and efforts to register pre- did not consider the impact of the president of the State Bar of viously disenfranchised citizens, the institution of slavery on the Georgia and can be reached at which resulted in massive displays values and behaviors of people in [email protected]. of violence against the demonstra- the justice system. The emotional

The Georgia Bar Journal is available online at www.gabar.org. You can now:

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A Special Thank You to Georgia’s Lawyer-Legislators Try it now! www.gabar.org/newsandpublications/georgiabarjournal/

6 Georgia Bar Journal ON THE COVER: Lawyer-Legislators in the Georgia General Assembly House of Representatives Rep. Regina Quick (R-Athens) Rep. Stacey Abrams (D-Atlanta) Speaker David Ralston Rep. Stephen Allison (R-Blairsville) (R-Blue Ridge) Rep. Alex Atwood Rep. Matt Ramsey (R-Saint Simons Island) (R-Peachtree City) Rep. Beth Beskin (R-Atlanta) Rep. Bert Reeves (R-Marietta) Rep. Johnnie Caldwell Rep. Pam Stephenson (D-Atlanta) (R-Thomaston) Rep. Brian Strickland Rep. Christian Coomer (R-McDonough) (R-Cartersville) Rep. Bob Trammell (D-Luthersville) Rep. Chuck Efstration (R-Dacula) Rep. Andy Welch (R-McDonough) Rep. Stacey Evans (D-Smyrna) Rep. Tom Weldon (R-Ringgold) Rep. Barry Fleming (R-Harlem) Rep. Wendell Willard Rep. Rich Golick (R-Smyrna) (R-Sandy Springs) Rep. Dusty Hightower Senate (R-Carrollton) Sen. Charlie Bethel (R-Dalton)

Thank you! Rep. Scott Holcomb (D-Atlanta) Sen. Bill Cowsert (R-Athens) Rep. Mike Jacobs (R-Brookhaven) Sen. Judson Hill (R-Marietta) Please join me in thanking Rep. LaDawn Jones (D-Atlanta) Sen. Harold Jones (D-Augusta) our Lawyer-Legislators, Rep. Trey Kelley (R-Cedartown) Sen. John Kennedy (R-Macon) Rep. Dar’shun Kendrick Sen. William Ligon (R-Brunswick) who take time from their (D-Lithonia) Sen. Josh McKoon (R-Columbus) law practices and other Rep. Ronnie Mabra (D-Fayetteville) Sen. Elena Parent (D-Atlanta) Rep. Larry O’Neal (R-Bonaire) Sen. Ronald Ramsey (D-Decatur) responsibilities to serve in Rep. Mary Margaret Oliver Sen. Jesse Stone (R-Waynesboro) the General Assembly. (D-Decatur) Sen. Curt Thompson (D-Tucker) Rep. BJ Pak (R-Lilburn) Sen. Lindsey Tippins (R-Marietta) - Patrise M. Perkins-Hooker Rep. Jay Powell (R-Camilla)

Magna Carta AT 800 and the Rule of Law

The State Bar of Georgia has joined the American Bar Association and the Library of Congress and its Law Library to present a special traveling exhibit commemorating the 800th anniversary of the sealing of the Magna Carta.

Please see the back cover for more information regarding the dates and times of the Magna Carta exhibit as well as an upcoming CLE symposium on the meaning of the Magna Carta and its relevance to Georgia.

MARCH 18-31, 2015 STATE BAR OF GEORGIA | Bar Center

February 2015 7 From the YLD President

by Sharri Edenfield YLD Leadership Academy: A Decade of Success

n the second Friday in January, mem- ers, nonprofit lawyers, alternative dispute resolution specialists, in-house counsel for Fortune 500 companies bers of the 2015 Young Lawyers Division and no less than eight future presidents of the YLD. Alumni have also gone on to serve as judges on Leadership Academy of the State Bar of both the federal and state level, have been elected to O the Georgia General Assembly and to the State Bar’s Georgia gathered at the Bar Center for the first of six Board of Governors and have earned recognition on such prestigious lists as “On monthly programs and began the Rise—10 to Watch” in the Daily Report, “Rising Stars” the 10th annual installment of in Atlanta magazine and “40 “I’m excited about the future Under 40” in Georgia Trend. the YLD Leadership Academy. Establishing the Georgia of the Leadership Academy, YLD’s Leadership Academy For those of us who partici- was the brainchild of 2004- pated in the first Leadership 05 YLD President Laurel Academy class in 2006, and and I look forward to Payne Landon, who brought have been active in the con- the idea home with her from tinuing success of the pro- welcoming many more alumni an American Bar Association gram, this is certainly a mile- meeting in San Antonio, stone worthy of celebrating. in the years to come.” Texas, after hearing presenta- Over the past nine years, a tions from two other states’ total of 443 young lawyers YLD representatives on their have become Leadership leadership programs. Academy alumni, having “I thought that leadership taken advantage of the opportunity to develop their training was something Georgia’s young lawyers could leadership skills and learn more about the profession, use both in Bar service and their careers in general,” the communities they serve and our state. Landon recalled. “I formed a small committee, and The Leadership Academy alumni include solo prac- we went to work on creating our program.” She said titioners, judicial law clerks, partners in large and small the Leadership Academy could not have gotten off law firms, assistant district attorneys, public defend- the ground without the strong support of the State Bar

8 Georgia Bar Journal president and executive director at the time, the late Rob Reinhardt and Cliff Brashier, along with other members of the State Bar leadership. Recently confirmed U.S. District Court Judge Leigh Martin May of the Northern District of Georgia served alongside Landon as co-chair of the Leadership Academy’s founding committee, which also included Tonya Boga and 2005-06 YLD President Damon Elmore. I was practicing law in Atlanta at the time, and other than attending a few Community Service Committee YLD 2015 meetings and happy hours, I had not been actively SIGNATURE FUNDRAISER involved in the YLD. My father, Gerald Edenfield, who was serving as the State Bar’s secretary that year, knew of my interest in getting more involved with STARS AND STRIPES the YLD, so he recommended me to Laurel for the Benefitting the Augusta Warrior Project program and I am so glad that he did. I credit my par- ticipation in the inaugural Leadership Academy class 02.28.15 @ Terminal West for getting me involved in the YLD, which led to me serving in a variety of leadership positions, including LOCATION my present position as YLD president. Terminal West YLD Past Presidents Laurel Landon, Damon Elmore, 887 West Marietta Street NW | Atlanta, Georgia 30318 Jonathan Pope, Elena Kaplan, Amy Howell and Parking included in ticket purchase. Stephanie Kirijan Cooper were members of our first class, which included 31 young lawyers, who, under the original format of the Leadership Academy, were WHEN mentored by 14 experienced members of the State Bar. Saturday, 02.28.15, 8-11 p.m. I was fortunate to have been matched with 2008-09 President Jeff Bramlett. As is still the case, we started the Leadership LIVE ENTERTAINMENT Academy in January and held monthly meetings for Bogey & The Viceroy six months. In the early days, we would meet at the Bar Center on Friday afternoons for our programs, and TICKETS AVAILABLE NOW then we would go to dinner as a group. There was no cost to participate and no CLE credit offered, but we $100 General Admission were told to bring $20 for dinner. Includes Open Bar, Live Music, DJ and Dancing, After that first year, Damon Elmore appointed Tonya Silent Auction, Heavy Appetizers and Dessert Bar and more! Boga and me as co-chairs of the Leadership Academy. $200 VIP Admission We soon realized that it was difficult for the mentors VIP guests enjoy everything in general admission, plus a private from the “big Bar” to attend each month’s meeting and pre-party before the event with a premium open bar and celebrity because the Transition into Law Practice Program already guest bartender, an exclusive networking area and viewing had a mentoring component, we dropped that part of the balcony during the party, goody bags, heavy appetizers and more! Leadership Academy structure after the second year. In 2007, I moved back to my hometown of Statesboro to practice law. I suggested that we hold one meeting DRESS CODE each year at a location outside Atlanta. The Leadership Black tie optional Academy now holds three meetings each year in the Atlanta area and three outside of Atlanta, sometimes even taking the meeting out of state. This year’s schedule SPONSORSHIP INFORMATION includes sessions in Macon, Savannah and New Orleans. Sponsorships are available at all levels. In the beginning, we didn’t really receive applica- tions for the Leadership Academy. Participants were recruited, not accepted. In 2007, my first year as co- ADDITIONAL INFORMATION chair, my sister and several other young lawyer friends 21 & up event - age verification required at door. were surprised when notified of their selections to Discounts available for active and retired service participate, despite the fact they had not even applied. members, public interest attorneys and law students. It wasn’t long before that changed, however, thanks largely to enhanced programming, greater commu- nication to members and, especially, the addition of PURCHASE TICKETS AT WWW.GEORGIAYLD.ORG

February 2015 9 continuing legal education credit the Leadership Academy brochure District Court for the Southern for participants, which was made and yearbook and publicizing District of Georgia at the Savannah possible in large part to the support the program across the state. Up Division’s courthouse, where par- of the former State Bar Executive to that point, my legal assistant ticipants were able to be sworn Director Cliff Brashier, then- and I had put the brochures and in as members of that court’s bar, Immediate Past President/Chair of yearbooks together in my office. thanks to the gracious hospitality ICLE Board of Directors Gerald The communications staff, under of Chief Judge Lisa Godbey Wood, Edenfield, then-State Bar President Sarah’s leadership, created beau- Judge B. Avant Edenfield, Judge Jeff Bramlett and ICLE Executive tiful materials that I was proud William Moore and Bankruptcy Director Steve Harper. to distribute around the country, Court Judge Susan Barrett. The John Jackson and I were co- which I did as I was receiving Leadership Academy was honored chairs in 2008, and we added sev- calls from YLD presidents nation- to be guests of the Court again eral new sessions to our program- wide who had heard about our in Savannah in 2013, where they ming, including an annual day program and wanted to emulate also enjoyed meeting U.S. Supreme trip to the State Capitol while the it. Even voluntary and specialty Court Justice Clarence Thomas and General Assembly was in session. bar associations here in Georgia Eleventh Circuit then-Chief Judge I would like to thank Rep. Wendell wanted more information about Joel Dubina. In 2014, participants Willard, chairman of the House the program so that they could were guests of the Court’s Augusta Judiciary Committee, for his sup- create their own version. The com- Division and they will be returning port of this Leadership Academy munications staff also assisted in this spring to visit with the Court event and the hospitality of his elevating the profile and prestige of in Savannah. legislative staff when we visit the the program through sending out Without a doubt, the strength Capitol each year. Additionally, a press releases about the program of the Leadership Academy’s pro- trip to the U.S. District Court for and its participants. gramming and the resulting approv- the Northern District of Georgia The following year, we added al of CLE credit has had the most to was added through the gracious a community service project to do with the program’s growth. This hospitality of the Northern District our meeting in Savannah. Thanks provides a tangible benefit for our bench as well as the Clerk of the to outstanding help from the members so that we can charge a Court Jim Hatten and his Chief Bar’s Coastal Georgia office staff, reasonable fee to offset expenses for Deputy Clerk Robert Minor. we were connected to the West the program. Additionally, young We also added an event to Broad Street YMCA, one of five lawyers are now able to justify to be held in conjunction with the “Heritage Ys” left in the country, their employers their commitment Annual Meeting of the State Bar to which provides vital services to of time and resources. the Leadership Academy agenda. needy citizens in Savannah. We These days, we have approx- Then-Chief Justice Carol Hunstein helped not only the West Broad imately 50 to 55 Leadership of the Supreme Court of Georgia Street Y with various tasks at the Academy participants each year. was our first speaker. She was facility, but we also assisted Safe We settled on that number as a followed the next year by then- Haven, a regional domestic vio- maximum because that is about Attorney General Thurbert Baker, lence shelter in Bulloch County, by how many people will fit on a and that event became the annual collecting badly needed items for bus when there is a need to trav- graduation ceremony. the shelter’s residents. Community el. It also helps in maintaining a Also that year, due to the sup- service is now an annual compo- manageable number so that every- port of then-YLD President Elena nent of the program as we practice one has a chance to get to know Kaplan, the Leadership Academy our duty as lawyers to help others. each other. earned prominent national recog- In recent years, participants have The Leadership Academy is nition when we were awarded first also held pro bono wills clinics open to YLD members who have place in the nation in the Minority around the state. been involved in community or Project Category of the YLD In 2011, my last year as a co- professional leadership, who want Awards of Achievement Program chair, along with Carl, Tippi Burch to become more involved in the sponsored by the ABA. and Sarah White, we added an YLD and the State Bar and who In 2009, Carl Varnedoe joined annual breakfast gathering with would like to network with state John and me as a co-chair, and the Georgia’s lawyer-legislators to our and national leaders and benefit program started to hit its stride. day at the Capitol. The legisla- from their perspectives on effective Mary McAfee had become director tive lunch with all Georgia leg- lawyering and leadership. of the YLD, and she was instru- islators is now a permanent part On the average, we receive mental in enlisting the support of of the programming. We were about three applications per avail- Communications Director Sarah also thrilled that year to add an able slot. If you have previously Coole and her staff in producing informative program with the U.S. applied and were not selected, you

10 Georgia Bar Journal are encouraged to apply again. Full during our Summer Meeting in chair of the Leadership Academy and partial scholarships are also Florida; ALC members Damon Committee, I wholeheartedly offered to participants on the basis Elmore, Stephanie Kirijan Cooper agree. Not only have the partic- of need. and Josh Bell, along with Past ipants benefited from what we Participants who attend all six Presidents Bill Barwick and Lester have learned and put into practice, monthly sessions receive 12 CLE Tate, led a workshop on the com- but so has the legal profession and credit hours, including one pro- mitments/obligations of serving justice system of Georgia. fessionalism, one ethics and three in elected leadership positions for I would like to thank all of the trial credit hours. Participants the YLD and State Bar during our Bar leaders mentioned in this arti- must attend at least four sessions Fall Meeting; and most recent- cle, as well as the countless others in order to graduate and be consid- ly during the Midyear Meeting, that I couldn’t include because ered alumni of the program. ALC members Damon Elmore, of space limitations, for all of Without a doubt, I am serving Michael Geoffroy and Mawuli the support that the Leadership as your YLD president this year Davis worked with YLD mem- Academy and I have received over because of having been selected bers Kelly Campanella, Adriana the years. This brief history of nine years ago for the Leadership Capifali, Titus Nichols, Heather the program cannot convey the Academy. All of the close friend- Riggs and other Bar leaders to large number of people who have ships I have with other YLD lead- put on our very first “Next Step advocated for the success of the ers are a direct result of getting to Institute,” covering topics rang- program, when it would be far know them through the Leadership ing from starting your own prac- easier to have stayed uninvolved Academy. As I wrote in the pro- tice, tips for best media practices and quiet. Though the YLD is gram’s brochure, “The benefits of and how to maintain a practice the “Service Arm of the Bar,” we having a friend and legal resource while serving in the state legisla- would be unable to accomplish in practically every corner of the ture. The program was so well- our goals were it not for the enthu- state and in any practice area can- attended and received that we are siastic assistance of so many. Be on not be overestimated.” now in the process of planning the lookout for information about The next step for the YLD is future programs. applications for the class of 2016. advanced leadership develop- With the 10th class of the YLD I’m excited about the future of the ment. Last summer, I asked 25 Leadership Academy now in place Leadership Academy, and I look former YLD leaders, both elect- and its work underway, our origi- forward to welcoming many more ed and appointed, to serve on nator, Laurel Landon, said, “I am alumni in the years to come. an Alumni Leadership Council beyond thrilled at how the pro- (ALC) to help plan programming gram has grown and prospered, Sharri Edenfield is the president for the year. ALC member Joe and it has certainly exceeded of the Young Lawyers Division of Dent presided over a well-attend- my expectations.” the State Bar of Georgia and can ed professional development CLE Speaking as an alumna of that be reached at [email protected]. on networking and social media first class and as a longtime co-

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February 2015 11 A Look at the Law

A Re-examination of the Protection of Children’s Best Interests in Public Custody Proceedings

by John C. Mayoue and Renée Neary

ociety’s appetite for scandal is arguably no

greater today than in the 1830’s, when people Sclamored for gossip from the penny press. Today, scandal is oftentimes channeled through elec- tronic transmission. The Internet has become a pow- erful, yet indiscriminate, tool capable of irreparably harming many persons, including those who are not the intended recipients. In the context of child custody disputes, which are not exempt from the general pre- sumption of open access to courts, the Internet and most particularly, the proliferation of social media, place chil- dren at increased risk of substantial harm through the

“reporting” of these often acrimonious disputes. This article examines the history of open access to the courts, Constitutional and Common Law as well as statutory and common law limitations to this Dictate a Presumption of Openness American jurisprudence firmly recognizes the pub- presumptive right, and urges re-examination of these lic’s right to attend civil proceedings. Our Constitution’s First Amendment implicitly affirms both the media’s premises in the best interests of children who are the and the general public’s presumptive right to attend trials.1 Attendant is the right to listen, long viewed as a subject of public custody proceedings. corollary to the First Amendment’s freedom of speech,

12 Georgia Bar Journal or the right to “receive information and ideas.”2 Indeed, the First Amendment “goes beyond protection of the press and the self-expression of individuals to prohibit PROLIABILITY government from limiting the stock of information from LAWYERS PROGRAM which members of the public may draw.”3 Administered by Mercer PROTECT The U.S. Supreme Court’s watershed decision in Consumer, a service of what you’ve Richmond Newspapers, Inc. v. Virginia4 succinctly set forth Mercer Health & Benefits worked hard the public policy reasons underlying the presumption of Administration LLC, with openness in court proceedings. In Richmond Newspapers, more than 40 years’ to build! the Court determined that open access operates both experience in providing as an assurance of the Court’s integrity and as a check law firms with the protection on judicial abuse of power by “satisfy[ing] the appear- they need and deserve. ance of justice.”5 The Court noted that American courts To obtain your “had long been presumptively open,” thus giving assur- HIGHLIGHTS: Professional Liability ance that “the proceedings were conducted fairly to all 50 State Solutions Insurance quote: concerned,” and “discourag[ing] . . . decisions based on Exceptional Customer secret bias or partiality.”6 Open courtrooms also hold VISIT Service parties and witnesses accountable in the quality of their www.proliability.com/ testimony, insofar as transparency discourages perjury Dedicated Account lawyers and other testimonial misconduct.7 Additional compel- Managers and Agents ling reasons for openness include a “significant commu- CALL nity therapeutic value” as well as the public’s right to be Easy to purchase — Apply educated in the functioning of its government.8 Although and obtain coverage online at (866) 486-1946 the Court in Richmond Newspapers addressed open access www.proliability.com/lawyers in the context of criminal proceedings, a footnote to a AR Ins. Lic. #303439 | CA Ins. Lic. #0G39709 concurring opinion also acknowledged, from a historical In CA d/b/a Mercer Health & Benefits Insurance Services LLC standpoint, the presumption of openness in civil cases.9 70027, 70028, 70029, 70030, 70031, 70032 Copyright 2015 Mercer LLC. All rights reserved. Lower federal courts have consistently upheld the pub- lic’s presumptive right to attend, and the media’s right 70027, 70028, 70029, 70030, 70031, 70032 to report on, civil trials,10 as well as a corresponding pre- (2015), LPL Ad Georgia sumptive entitlement to court records.11 Trim size: 3.555”x4.538” Justice Brennan’s concurrence in Richmond Newspapers Bleed size: NA Live Area: 3.555”x4.538”

You Try CasesMERCER – Colors 4C=(CMYK) made clear, however, that “because the stretch of this pro- tection is theoretically endless, it must be invoked with We Appeal Them discrimination and temperance.”12 Noting that “‘[there] are few restrictions on action which could not be clothed State and Federal Criminal Appellate and by ingenious argument in the garb of decreased data flow, Post-Conviction Representation . . . [a]n assertion of the prerogative to gather information Over thirty years combined experience in must accordingly be assayed by considering the infor- 70027 LPL Ad Georgia.indd 1 Successful State and Federal: 12/2/14 4:48 PM mation sought and the opposing interests invaded.’”13 Four years after Richmond Newspapers, the Supreme Court • Motions for New Trial found that “[t]he presumption of openness may be over- • Appeals come only by an overriding interest based on findings • Habeas Corpus that closure is essential to preserve higher values and is • Parole Petitions narrowly tailored to serve that interest.”14 • Responsible and Respectful The laws of the state of Georgia are in accord.15 Ineffective Assistance of As recently as August of 2013, the Georgia Judicial Counsel Claims Qualifications Commission confirmed the presumption of openness in the courtroom: “Absent specific legal ~ ~ ~ authority, public access to court proceedings should When It’s Time for a Change, Contact be unfettered and unobstructed. Georgia’s courtrooms shall be open to the public unless otherwise provided by 16 Law Firm oF law.” Child custody proceedings are open to the public. Shein & BrandenBurg Limitations on the Right to Access 2392 N. Decatur Road, Decatur, Georgia 30033 Georgia has long recognized certain exceptions to the 404-633-3797 open access presumption in other family law matters, www.federalcriminallawcenter.com however. For example, hearings on adoption petitions

February 2015 13 are always held in chambers,17 and ings are closed.23 Also, although Georgia child custody proceed- adoption records are not open to rarely invoked and not directed ings are open to the public and the public.18 Such records are not specifically for the benefit of chil- conducted like other civil trials. subject to future unsealing except dren, Georgia civil practice per- The courts provide limited protec- under exceptional circumstances. mits a presiding judge to clear the tion in cases involving guardians Furthermore, paternity actions in courtroom of “all or any portion ad litem (GAL) by requiring that which either the putative father of the audience” if the evidence the GAL report only be released to or biological mother seek proof presented is “vulgar and obscene the court, the parties and counsel, of paternity may be closed upon or relates to improper sexual acts and that it not be filed in the public either party’s motion.19 and tends to debauch the morals of record.30 In considering whether it Juvenile proceedings in Georgia the young.”24 will permit broadcasting of all or also have been historically closed. Conversely, there also has been a a portion of a proceeding, the trial Notwithstanding our public policy trend in juvenile law to open court- courts are to consider “[a]ny spe- reasons for presumptive closure rooms in proceedings in which the cial circumstances of the parties, in juvenile proceedings, howev- juvenile is not the alleged offender, victims, witnesses, or other par- er, courts have long recognized but rather the victim. The juvenile ticipants such as the need to protect that certain offenses are so seri- court also exercises its jurisdiction children or factors involving the ous that a child, depending upon over children who have been failed safety of participants in the judicial his or her age and consciousness by a parent, a caretaker or the proceeding.”31 On rare occasions, of guilt, must be subject to adult state itself. Those hearings histori- the trial court may invoke Uniform consequences.20 The magnitude of cally have also been presumptively Superior Court Rule 21.1 to limit certain crimes gives rise to the pub- closed; however, proponents for other portions of the record.32 lic’s need for accountability and in open access in recent years have some circumstances, the victim’s argued that veiled proceedings— Children’s Protection in need as well. In these situations, with no oversight by the public Georgia Custody Cases the same policy rationales support- to act as a check to judicial abuse ing an open courtroom in criminal and/or systemic neglect by the fos- Custody trials tend to involve cases justify an exception to the ter care system or other state agen- multiple lay and expert witnesses presumption that juvenile proceed- cies—are a threat to the very chil- as well as extensive documentary ings be closed. dren whom the closed system tries exhibits. Prior to a final trial, the In Georgia, exceptions to pre- to protect. There has been almost court may hold a temporary hearing sumptive closure in juvenile pro- unanimous support in academic on custody where testimony in the ceedings include allegations of cer- circles, including in Georgia,25 for form of lay and expert affidavits sent tain crimes that would be a felony greater transparency in juvenile 24 hours in advance of the hearing if committed by an adult, delin- courts as public awareness of both may be considered.33 The court may quency hearings in which the juve- child abuse/neglect and juvenile also appoint a guardian ad litem, nile has previously been adjudi- crime has increased, with a resul- psychological evaluator or custodial cated delinquent (subject to certain tant demand for accountability.26 evaluator to investigate, test and ren- exceptions), child support, legiti- Open access advocates tend to der a report to the court. The guard- mation, any dispositional hearing emphasize the importance of pub- ian ad litem is given access to the involving such proceedings and, lic discourse and to discount the children’s records, including those subject to certain further excep- child’s right to privacy.27 Even the from schools, governmental agencies tions, deprivation proceedings.21 most ardent supporters of open and health providers. Upon volun- The best interest standard also per- access in juvenile proceedings con- tary release, may also mits the court to “refuse to admit a cede, however, that sometimes the review the mental health records of person to a hearing in any proceed- public’s intent lies less with educa- the parents and may further seek ing upon making a finding . . . that tion and reform than it does with court ordered fitness and custodial the person’s presence at the hear- the “name and blame game” of evaluations of them.34 ing would . . . [b]e detrimental to identifying the victims, perpetra- Although the GAL report, cus- the best interests of a child who is a tors and details of an event that todial and mental health exami- party to the proceeding.”22 In juve- appeals to the public’s appetite nations and reports are not filed nile legitimation actions in which for scandal.28 The minority view as part of the public record, their paternity is not an issue or when a rests primarily upon concerns that findings and conclusions about the child is born outside of marriage, open proceedings in most situa- parents and children are subject those proceedings are explicitly tions do nothing to improve pub- to examination in open court.35 It open to the general public as an lic understanding of abuses but is axiomatic that such public dis- exception to the general presump- rather serve only to re-victimize the course wholly obviates the intend- tion that juvenile court proceed- subject children.29 ed confidentiality. It also provides

14 Georgia Bar Journal a fertile source for Internet and between the public’s right to attend court, the parties, their witnesses, social dissemination. custody trials and any other type and counsel.”40 At temporary hearings a litigant of civil proceeding, with two nota- New York permits closure but is limited to one non-party wit- ble exceptions. Delaware requires places the burden of demonstrating ness but is free to submit numerous that all custody hearings and tri- evidence of actual potential harm affidavits provided that they are als be conducted in private and on the party seeking it.41 Several served “at least twenty-four hours gives the court discretion to seal New York cases have explicitly prior to the hearing.”36 There are the record.37 West ’s Rule recognized the necessity of such no discrete limits on the number, 6(b) explicitly provides, “Family protection. The trial court in Lisa C. nature, scope or source of custodial court proceedings are not open to R. v. William R. observed that: affidavits. Pretermitting the ques- the public.”38 Several other juris- tion of evidentiary value, custodial dictions, however, acknowledge [w]hile adult parties in today’s affidavits oftentimes contain scur- the sensitive nature of child cus- media-conscious world may be rilous assessments of the children’s tody proceedings and have statuto- found to have no valid objection parents and caregivers. Their obser- rily provided a permissive, rather to having their dirty linen aired, vations and conclusions are only than presumptive, right to close the the same cannot be said of the subject to cross-examination if the courtroom and otherwise to protect children who are the innocent vic- affiant appears in court. The affida- sensitive records. Louisiana’s Civil tims of both their parents and the vits are openly discussed at public Code explicitly provides that “a media . . . . [E]ven when custody temporary hearings and sometimes custody hearing may be closed to is not involved in the trial, there filed as part of the court record. the public.”39 California similarly are long-lasting scars caused by permits the trial court in its discre- public humiliation of one or both Limitations in Other tion to “direct the trial of any issue parents. The court often tries to Jurisdictions of fact joined in a proceeding under protect the children in pendente this code [including child custody] lite orders by precluding the par- The majority approach in other to be private, and may exclude all ents from “bad mouthing” each jurisdictions draws no distinction persons except the officers of the other. The media have no such

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February 2015 15 concerns. The issue of child pro- oftentimes salacious details of fam- media coverage of custody dis- tection in public divorce battles ily matters in custody proceedings putes except upon an order by is one the Legislature should is a matter of substantial concern. the presiding or assigned judge.50 address . . . .”42 The “reporting” of custody mat- In Mississippi, for example, child ters, by virtue of Internet distribu- custody proceedings are a specif- In reversing the trial court’s denial tion and access, tends to be instan- ic exception to the rule permitting of a guardian ad litem’s motion for taneous and its reach widespread. media coverage of trials absent an closure of a custody proceeding, the The palpable damage caused to order from the presiding judge.51 New York Appellate Division in P.B. children by Internet and social The state of Missouri specifical- v. C.C. observed that “we deal here media accounts of custody disputes ly prohibits all media coverage not with the children’s ‘privacy,’ but should invite dialogue regarding of said proceedings, including with protection and preservation of measures that balance the public’s broadcasting, televising, record- their health and welfare.”43 right to know with increased focus ing and photographing.52 These Scholarly treatment of the access on the harm inflicted upon inno- standards prohibiting media issue in child custody cases is scant, cent children by such dissemina- coverage, of course, would rely but in years prior to the exponen- tion. Alternative protections that upon considerations similar to tial growth of Internet news and merit consideration include: those found in Uniform Superior social media, tended to dovetail Court Rule 21. Amending Rule with the call for increased open- Permissive courtroom closure. Much 22 to include language similar ness in juvenile proceedings.44 Even the same as paternity determina- to Missouri’s in child custody so, these articles acknowledge that tions or similar to juvenile court hearings would do much to obvi- closure might be warranted depend- proceedings, a court would be ate the potential for harm to a ing upon the child and the nature permitted to close a custody pro- child arising from press expo- of the case.45 Family court judicial ceeding, in whole or in part, on sure to the details of the custody councils, which more often than not its own motion, or on motion by battle. Although Georgia’s Rule advocate for open courtrooms in children’s custodians or guard- 22 has no such correlative, the order to increase public awareness ians ad litem, upon findings of standards in granting the media’s of the juvenile justice system, none- fact that closure is in the best coverage would at a minimum theless distinguish cases involving interests of the child. Determining include the judge’s obligation to parental or foster care abuse from factors would include the age take into account “[a]ny special custody and divorce proceedings of the child, the nature of the circumstances of the parties, vic- where children are involved.46 In allegations and whether closure tims, witnesses or other partici- the latter situation, a distinction is is necessary to protect the child. pants such as the need to protect drawn between a child custody dis- The court would, under this alter- children or factors involving the pute and the divorce that typically native, further have the discre- safety of participants in the judi- underlies it. As Judge Leonard P. tion either to bar the public from cial proceeding,” as required by Edwards, former president of the attendance at a custody proceed- O.C.G.A. § 15-1-10.1.53 National Council of Juvenile and ing if it determines that it would Family Court Judges, has advocat- be detrimental to a child’s best Custodial standing orders. Upon ed, “Marital dissolution proceedings interests, or at a minimum, to notification that custody will would be presumptively open to order the public not to release be a contested issue, the court the public, but not a child custody identifying information concern- would issue a specific standing case arising from a marital dissolu- ing the child or custodians in a order. Said order would include tion or other domestic relations legal hearing that is otherwise open to prohibiting families, or at least action.”47 Although divorcing par- the public.49 the parents or caregivers, from ents generally have no expectation using social media to dispar- of privacy in their trial, some cite Seal the record. Sealing not just age any other parent, child the essential unfairness of lumping the GAL report and the custodial or family member, and from children, who are not parties in the evaluation, but also the record posting custodial evidence or divorce proceeding, into the same of the child custody proceedings details of the custody litigation category when custody is at issue.48 in whole or in part, similar to online.54 Courts with Automatic Georgia adoption proceedings. Domestic Standing Orders The Need for Alternative, would revise the section per- Additional Protections Prohibit media coverage. Amend taining to non-harassment of the Georgia Uniform Superior adverse party or the child(ren) Respecting the rights of children Court Rule 22 (Electronic and to specifically include commu- and shielding them from public Photographic Coverage of nications through online social dissemination of the intimate and Judicial Proceedings) to prohibit media sites. Requiring adverse

16 Georgia Bar Journal

parties not to discuss details of for open courtrooms rest largely testimony or the sealing of docu- a custody proceeding with or on policy considerations that are ments or other types of protec- in front of the child(ren), and to designed to hold parties and the tive orders and directives. After an specifically prohibit them from system accountable. The protection evidentiary hearing, such an order disparaging each other in front of troubled and abused children is would find specific harm to the of the child(ren), would appear obviously of great public concern. children at issue that outweighs to be well within the purview of The best interests of children public interest in the same manner a Superior Court judge.55 in civil custody disputes are not as Uniform Superior Court Rule well served by unlimited public 21.2 for limitation of access to court Abolish or amend the custodial affi- access to and dissemination of both files. It would be narrowly tailored davit practice. Uniform Superior malicious and unproven allega- to protect the affected children and Court Rule 24.5(A) could be abol- tions regarding the character of the be subject to appellate review. As a ished in its entirety or amended child’s parents, their mental health result, the best interests of the child to require (a) sufficient advance records or transgressions as a par- will find much needed protection notice of the allegations contained ent or certainly, sensitive informa- in public custody disputes. in affidavits, perhaps requiring tion regarding their children. The service seven days prior to the transmission of such information John C. Mayoue is a hearing in which the affidavits through social media is calculated past chair of the would be used; (b) prohibiting to reach an audience that includes Family Law Section of the filing of such affidavits; (c) the child, the child’s peers, teachers, the State Bar of requiring that said affidavits be relatives and other support systems. Georgia and a fellow reviewed in camera only, and The potential harm to children is of the American not be made a part of the public clear and serves no public inter- Academy of Matrimonial Lawyers. record; and (d) limiting public est. Public policy considerations consideration of said affidavits in that undergird the right to attend He is the author of five books and courtroom proceedings. court proceedings, including free numerous articles on family law discussion of governmental affairs, and an associated faculty member Prohibit dissemination of the GAL educating the public on the judicial with the Center for the Study of report to the parties. The court process, preventing its abuse, act- Religion and Law at Emory could restrict the parties’ access ing as a check on the integrity of the University. He is an attorney with to the GAL report by releasing fact-finding process and holding Mayoue Gray Eittreim, P.C. it to counsel, only, under terms the parties accountable, must be and conditions which would tempered in a custody proceeding. Renée Neary received prevent dissemination. Pro se Media coverage of certain aspects her bachelor’s degree parties would similarly have the of custody disputes, more often in English from The right to review the report as than not, simply makes available University of Virginia, directed by the court, but would for public consumption the intense- with distinction and not be provided with a copy. ly private details of a painful child- These restrictions would permit related problem. departmental high vigorous scrutiny of the report Although custody proceedings honors, in 1983. She graduated while providing needed safe- may well be best served by being from the University of North guards from dissemination. presumptively open to the public, Carolina School of Law in 1988 the courts should be granted and and served as Research Editor on Conclusion judiciously exercise broad discre- the North Carolina Law Review. The public’s right to know and tion to limit access to custodial affi- She clerked for Hon. Albert J. society’s desire to protect its chil- davits, guardian, psychologist and Henderson, U.S. Court of Appeals dren’s best interests present two custodial evaluations, as well as for the 11th Circuit. She is an competing values that are difficult certain documents and testimony attorney with Mayoue Gray to reconcile. Open access to the that the court finds harmful to the Eittreim, P.C. workings of our public institutions child’s best interests, if dissemi- is a cornerstone of our govern- nated. Under those circumstances, Endnotes ment. However, few would argue the court on its own motion or the 1. “Congress shall make no law . . . that the public right to courtroom motion of the parties or guardians abridging the freedom of speech, access is unfettered, especially in should then determine whether the or of the press; or the right of the the face of a legitimate threat to a best interests of the child would people peaceably to assemble . . . .” child’s well-being. In child protec- likely be compromised absent nec- U.S. Const. amend. I. tion proceedings involving depri- essary protective orders, whether 2. Stanley v. Georgia, 394 U.S. 557, vation and abuse, laws providing it be closure for certain portions of 564 (1969).

18 Georgia Bar Journal 3. First Nat’l Bank v. Bellotti, 435 U.S. public policy goals of reuniting 29. See, e.g., William Wesley Patton, 765, 783 (1978). and/or rehabilitating the family Revictimizing Child Abuse Victims: 4. 448 U.S. 555 (1980). Chief Justice unit, and whether closure is An Empirical Rebuttal to the Open Burger wrote for the three-Justice required to protect the privacy Juvenile Dependency Court Reform plurality. Four other Justices of the child, his caretaker or the Movement, 38 Suffolk U. L. Rev. concurred in the judgment. victim of domestic violence. Id. 303 (2005); William Wesley Patton, Over 30 years after its decision, § 15-11-700(c)(2). Pandora’s Box: Opening Child Richmond Newspapers continues 22. O.C.G.A. § 15-11-700(f)(1). Protection Cases to the Press and to be cited for the principle of 23. O.C.G.A. § 15-11-700(b)(4). Public, 27 W. St. U. L. Rev. 181 open access to the courts. See, 24. O.C.G.A. § 9-10-3. (2000); Jennifer Flint, Comment, e.g., Causey v. Sam’s E., Inc., No. 25. See, e.g., Sarah Gerwig-Moore & Who Should Hold the Key? An 5:12-CV-250(MTT), 2013 U.S. Dist. Leigh S. Schrope, Hush, Little Baby, Analysis of Access and Confidentiality LEXIS 142225, at *1-2 (M.D. Ga. Don’t Say A Word: How Seeking the in Juvenile Dependency Courts, 28 Oct. 2, 2013). “Best Interests of the Child” Fostered J. Juv. L. 45, 57 & n.101 (2007) 5. Richmond Newspapers, 448 U.S. at a Lack of Accountability in Georgia’s (benefits of open access are 572 (plurality opinion) (quoting Juvenile Courts, 58 Mercer L. Rev. outweighed by likelihood of Offutt v. United States, 348 U.S. 11, 531 (2007). emotional harm to the child). 14 (1954)). 26. Kathleen S. Bean, Changing the 30. Ga. Unif. Super. Ct. R. 24.9(6). 6. Id. at 569. Rules: Public Access to Dependency 31. O.C.G.A. § 15-1-10.1(b)(8). 7. Id. Court, 79 Denv. U. L. Rev. 1 (2001) 32. Upon motion by any party to 8. Id. at 569-70 & n.7. (open access to dependency any civil or criminal action, or 9. Id. at 598 n.23 (Brennan, J., proceedings will bring court upon the court’s own motion, concurring in the judgment). reform); Heidi S. Schellhas, Open after hearing, the court may limit 10. See, e.g., Wilson v. American Child Protection Proceedings in access to court files respecting Motors Corp., 759 F.2d 1568, 1571 Minnesota, 26 Wm. Mitchell L. that action. The order of limitation (11th Cir. 1985) (per curiam). Rev. 631 (2000); Kelly Crecco, shall specify the part of the file to 11. See, e.g., United States v. Rosenthal, Note, Striking a Balance: Freedom of which access is limited, the nature 763 F.2d 1291, 1292-93 (11th Cir. the Press Versus Children’s Privacy and duration of the limitation, and 1985). Interests in Juvenile Dependency the reason for limitation. Ga. Unif. 12. Richmond Newspapers, 448 U.S. at Hearings, 11 First Amend. L. Rev. Super. Ct. R. 21.1. 588 (Brennan, J., concurring in the 490 (2013) (press entitled to access 33. Ga. Unif. Super. Ct. R. 24.5(A). judgment). in dependency hearings in order to 34. Ga. Unif. Super. Ct. R. 24.9(4). 13. Id. (quoting Zemel v. Rusk, 381 educate public and drive reform); 35. Ga. Unif. Super. Ct. R. 24.9(7). U.S. 1, 16-17 (1965)). William McHenry Horne, Note, 36. Ga. Unif. Super. Ct. R. 24.5(A). 14. Press-Enter. Co. v. Superior Court, The Movement to Open Juvenile 37. 13 Del. Code Ann. § 726(a), (b) 464 U.S. 501, 510 (1984). Courts: Realizing the Significance of (2014). 15. See Ga. Unif. Super. Ct. R. 21, Public Discourse in First Amendment 38. W. Va. Fam. Ct. R. 6(b). 22. Rule 21 provides: “All court Analysis, 39 Ind. L. Rev. 659 39. La. Civ. Code Ann. Art. 135 (2013). records are public and are to be (2006) (arguing that open access 40. Cal. Fam. Code § 214 (2014). The available for public inspection to juvenile proceedings protects court’s exclusion of the public in unless public access is [otherwise] children by promoting public custody proceedings under this limited by law.” Rule 22 governs discourse). code section has been upheld. See electronic and photographic news 27. See, e.g., Sara VanMeter, Comment, Whitney v. Whitney, 330 P.2d 947, coverage of judicial proceedings. Public Access to Juvenile Dependency 951 (Cal. Ct. App. 1958) (“It was 16. Op. Ga. Jud. Qual. Comm’n 239 Proceedings in Washington State: An done for the good of the child, a (2013), available at www.gajqc. Important Piece of the Permanency purpose that would not be best com/opinions.cfm. Puzzle, 27 Seattle U. L. Rev. subserved by further discussion.”) 17. O.C.G.A. § 19-8-18(a)(1). 859, 896 (2004) (“concerns about 41. See, e.g., Anonymous v. 18. O.C.G.A. § 19-8-23(e). families’ rights to privacy and Anonymous, 705 N.Y.S.2d 339, 340 19. O.C.G.A. § 19-7-53. the desire to protect children (App. Div. 2000); P.B. v. C.C., 647 20. American laws regarding juvenile from the potential trauma and N.Y.S.2d 732, 733-34 (App. Div. offenses have their roots in the embarrassment resulting from 1996); Anonymous v. Anonymous, English common law doctrine public scrutiny . . . have proved 550 N.Y.S.2d 704, 705 (App. Div. malitia supplet aetatem (“malice unfounded.”). 1990); see also S.B. v. U.B., 953 supplies the age”). 4 William 28. See, e.g., Jennifer L. Rosato, Secrecy N.Y.S.2d 831, 833 (Sup. Ct. 2012); Blackstone, Commentaries, ch. 2. and the Juvenile Justice System: The CLB v. PHC, 36 Media L. Rep. 21. O.C.G.A. § 15-11-700(b). Closure Future of Access to the Family Court: (BNA) 1990 (N.Y. Sup. Ct. 2008). in deprivation proceedings is Beyond Naming and Blaming, 9 J.L. 42. Lisa C.-R. v. William R., 635 also mandated upon the juvenile & Pol’y 149, 155 (2000) (noting N.Y.S.2d 449, 452-53 (Sup. Ct. court’s determination that it is in that “[t]hese kinds of cases teach 1995). The Georgia Court of the “best interests of the child.” the public as much about family Appeals recently affirmed a Factors include the child’s age, law as the O.J. Simpson case trial court’s order in a custody the nature of the allegations, the taught us about criminal law – not case restricting the parents from impact of open proceedings upon very much.”). making derogatory comments

February 2015 19 Suicide Awareness Campaign How To Save A Life NEED HELP? Call the State Bar’s confidential Lawyer Assistance Program Hotline at 800-327-9631

The State Bar of Georgia has produced an educational DVD, titled “How to Save a Life,” which is directed toward those who are suffering from anxiety and depression and may be at risk for suicide, as well as all Bar members, who need to recognize the severity of the problem and be able to identify warning signs among colleagues.

If you are thinking about suicide or are worried a friend may be contemplating suicide, immediate action is critical. Call the confidential LAP Hotline 800-327-9631.

The DVD includes three video lengths: 24 minutes, 11 minutes and six minutes. For more information or to obtain your copy of the DVD, call 404-527-8736. about each other on social which is specifically prohibited Judge Bans Social Media Posts, KZTV networking websites. See Lacy v. under Rule 53 of the Federal Action 10 News (Nov. 19, 2013, Lacy, 320 Ga. App. 739, 752, 740 Criminal Rules of Civil Procedure. 5:11 PM), http://www.kztv10. S.E.2d 695, 706-07 (2013). See United States v. Shelnutt, No. com/news/twitter-regrets-judge- 43. P.B. v. C.C., 647 N.Y.S.2d at 735. 4:09-CR-14 (CDL), 2009 U.S. Dist. bans-social-media-posts/. Note, 44. See, e.g., Mary McDevitt Gofen, LEXIS 101427 (M.D. Ga. Nov. 2, however, that prohibitions against Comment, The Right of Access to 2009). a non-litigant family member may Child Custody and Dependency Cases, 50. The Council of Superior Court be subject to First Amendment 62 U. Chi. L. Rev. 857 (1995). Judges may recommend to the scrutiny. A 2009 restraining order 45. See id. at 879. Supreme Court of Georgia, after against a Rhode Island woman 46. See Leonard P. Edwards, notice to the State Bar of Georgia banning her from commenting on Confidentiality and the Juvenile and the Uniform Rules Committee her brother’s child custody case Family Courts, 55 Juv. & Fam. Ct. J. chairpersons for the other classes was challenged by the ACLU as (Winter 2004), at 1. of courts, amendments to the an infringement on her right to 47. Id. at 1, 6 (citation omitted). Georgia Uniform Superior Court free speech. See Martin v. Langlois, 48. See W. Thomas McGough, Jr., Rules. See Ga. Unif. Super. Ct. R. Digital Media Law Project (July Public Access to Divorce Proceedings: 1.6. 30, 2009), http://www.dmlp.org/ A Media Lawyer’s Perspective, 17 51. See Miss. R. for Elec. & Photo. threats/martin-v-langlois. J. Am. Acad. Matrim. Laws. 29, Coverage of Jud. Proceedings 3(c). 55. See Maloof v. Maloof, 231 Ga. 811, 35-36 (2001) (acknowledging that 52. See Mo. Ct. Op. R. 16.02(c). 812, 204 S.E.2d 162, 163 (1974), “[c]hildren caught up in divorce 53. O.C.G.A. § 15-1-10.1(b)(8). in which the Court, although proceedings are obviously, and 54. Judge Brent Chesney, a county overturning the trial court’s properly, deserving of special court judge in Corpus Christi, sweeping order prohibiting the protections”). Texas, banned certain social media parents from saying anything 49. In 2009, a federal district court usage in the family law courtroom. about each other in front of the judge in Georgia banned “Since those standing orders were children, indicated that it would spectators from sending live in place, I haven’t had a lot of those have ruled differently if the trial updates from a criminal trial problems. Those [Twitter messages] court had merely “required the via Twitter, finding the activity … can really come back to hurt parties to refrain from making akin to “broadcasting of judicial someone in a court proceeding.” derogatory remarks about the proceedings from the courtroom,” Morgan Frances, Twitter Regrets: other before the children.”

Consumer Pamphlet Series The State Bar of Georgia’s The following pamphlets are available: Consumer Pamphlet Series Advance Directive for Health Care n Auto is available at cost to Bar Accidents n Bankruptcy n Buying a Home n members, non-Bar members Divorce n How to Be a Good Witness n How to Choose a Lawyer n Juror’s Manual n Lawyers and organizations. Pamphlets and Legal Fees n Legal Careers n Legal Rights of are priced cost plus tax and Nursing Home Residents n Patents, Trademarks shipping. Questions? Call and Copyrights n Selecting a Nursing Home n 404-527-8736. Selecting a Personal Care Home n Wills

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February 2015 21 GBJ Feature 22nd Annual State Bar Diversity CLE and Luncheon: Identifying and Overcoming Unconscious Bias

by Marian Cover Dockery

Unconscious bias is an attitude, a reaction, a means of discriminating because of an immutable trait such as race, gender or color.

senior vice president of human resources

at an Atlanta Fortune 500 company said A that her best teams were her most diverse teams and those teams always came up with the best ideas and made the best decisions. Today’s law firms cannot afford to hire homogenous workforces as the corporate in-house counsel representing prospective clients will be diverse—both minorities and women who will expect the law firm partners making the pitch to also be diverse.

The unconscious bias that still exists in firms pre- cludes diverse attorneys from being sponsored by partners, as well as receiving training and exposure to ensure their advancement to partner. Also, identifying bias and eliminating it from the appraisal process, the promotion process and the training process are key to leveling the playing field for diverse attorneys who aspire making partner. Photos by Don Morgan Photography Hon. Glenda Hatchett addresses the CLE attendees during the annual Featured Speaker luncheon. David Cade, partner at the Washington, D.C., office of Polsinelli, opened the conference. Cade’s former ities and the participation of diverse attorneys in leader- career at the Office of the General Counsel of the U.S. ship positions, those numbers will confirm the progress Department of Health and Human Services as both a law firm has achieved in this area. Unconscious bias deputy and acting general counsel included broad expe- has been a barrier to law firms effectively diversifying rience in the area of diversity. He pointed out that what their workforces. Partners must model behavior that is gets measured gets done. If law firms look at their reten- supportive of others; and never tolerate racist or sexist tion rates of diverse attorneys, their promotion percent- behavior by speaking up when other members of the age of diverse attorneys, their diversity promotion activ- firm make inappropriate comments.

22 Georgia Bar Journal Law Partner Panel The second session’s modera- tor was Karen Hester, executive director of the Center for Legal Inclusiveness. Panelists were R. Lawrence Ashe, senior counsel, Parker, Hudson, Rainer & Dobbs and former founding partner, Ashe Rafuse & Hill; Thomas G. Sampson, managing partner of Thomas Kennedy Sampson and Tompkins LLP, Georgia’s oldest minority-owned law firm; Dionysia Johnson-Massie, shareholder at Littler Mendelson; and Donna K. Lewis, partner at Nelson Mullins Riley & Scarborough. The panelists gave a historical perspective of how unconscious bias impacted hiring at law firms, memberships at the Panelists and moderator of the law partner panel with Georgia Diversity Program Executive Lawyer’s Club where women and Director Marian Cover Dockery. (Left to right) R. Lawrence Ashe Jr.; Dionysia Johnson-Massie; African-Americans were denied Thomas G. Sampson; Marian Cover Dockery; Charles Huddleston, diversity program chair; Karen Hester, moderator; and Donna Lewis. admission through a “black ball system” and how the bench was wholly segregated. Even former Mayor Maynard Jackson was not offered any positions after he fin- ished his stint as mayor of Atlanta until a major firm was convinced to hire him. Today less than 2 per- cent of African-American men and less than 5 percent of women are partners/shareholders at top firms. Proposed solutions to the implicit biases that result in discrimination against women and minorities in firms included changing the law firm model which is a much big- ger challenge for the profession. The panelists also suggested that partners should communicate with diverse associates and discover their common interests in order to break down barriers; sponsor diverse attorneys to ensure their accom- plishments are visible to the decision makers; and leverage their power to ensure diverse attorneys are get- ting challenging assignments and assistance when necessary. These Members of the judges roundtable. (Left to right) Hon. Henry Newkirk, Hon. Dax López, Hon. Justin S. Anand, Hon. Carla Wong McMillian and Hon. M. Yvette Miller, moderator. are just a few strategies that can contribute to eliminating biases in cussion. Panelists included Hon. and Hon. Dax López, State Court of law firms. Justin S. Anand, U.S. magistrate DeKalb County. judge for the Northern District The judges discussed some star- Judicial Panel of Georgia; Hon. Carla Wong tling statistics. Specifically one out Hon. M. Yvette Miller of the McMillian, Court of Appeals of of every three African-American Court of Appeals of Georgia mod- Georgia; Hon. Henry Newkirk, males and one out of every six erated the third roundtable dis- Superior Court of Fulton County; Hispanic males can be expected

February 2015 23 Let CAP Lend a Helping Hand! What is the Consumer Assistance Program? What doesn’t CAP do? The State Bar’s Consumer Assistance Program (CAP) helps CAP deals with problems that can be solved without resort- people with questions or problems with Georgia lawyers. When ing to the disciplinary procedures of the State Bar, that is, someone contacts the State Bar with a problem or complaint, a filing a grievance. CAP does not get involved when someone member of the Consumer Assistance Program staff responds to alleges serious unethical conduct. CAP cannot give legal the inquiry and attempts to identify the problem. Most problems advice, but can provide referrals that meet the consumer’s can be resolved by providing information or referrals, call- need utilizing its extensive lists of government agencies, ing the lawyer, or suggesting various ways of dealing with the referral services and nonprofit organizations. dispute. A grievance form is sent out when serious unethical conduct may be involved. Are CAP calls confidential? Everything CAP deals with is confidential, except: Does CAP assist attorneys as well as consumers? 1. Where the information clearly shows that the lawyer Yes. CAP helps lawyers by providing courtesy calls, faxes or has misappropriated funds, engaged in criminal con- letters when dissatisfied clients contact the program. duct, or intends to engage in criminal conduct in the Most problems with clients can be prevented by returning future; calls promptly, keeping clients informed about the status of 2. Where the caller files a grievance and the lawyer their cases, explaining billing practices, meeting deadlines, involved wants CAP to share some information with and managing a caseload efficiently. the Office of the General Counsel; or 3. A court compels the production of the information. The purpose of the confidentiality rule is to encourage open communication and resolve conflicts informally.

Call the State Bar’s Consumer Assistance Program at 404-527-8759 or 800-334-6865 or visit www.gabar.org/cap. (Left to right) Charles Huddleston, Hon. Glenda Hatchett and Marian Cover Dockery Featured speaker David Cade speaks to the attendees on following the keynote luncheon address. “Acknowleding and Overcoming Unconscious Bias.” executive director of the State Bar to go to prison, whereas one out of Georgia, prior to Hon. Glenda of every 17 Caucasian males will Hatchett’s keynote address. of Georgia Diversity Program. For go to prison in their lifetime. Hatchett, best known for her more information on the Diversity However, statistics pre-dating nationally syndicated television Program, go to www.gabar.org. 1970 disclose that more whites show “Judge Hatchett,” began her than minorities were imprisoned legal career in Atlanta as in-house for committing crimes. There is no counsel with Delta Airlines. From doubt that whites are committing there, Hatchett was appointed crimes too, but because of implicit chief judge of the Fulton County Tax Court Accepts biases, more minorities are now Juvenile Court in 1990 and served Kaye Valuation imprisoned. An example of this is until 1999, at which time she began racial profiling, where a dispro- work on “Judge Hatchett.” She has portionate number of minorities since returned to Atlanta and cre- Affirmed by are pulled over while driving. ated The Hatchett Firm, a national US Court of Appeals The good news is that there are network of attorneys and crisis changes forthcoming in the way management experts. we police. Sentencing guidelines Hatchett shared her personal Mitchell Kaye, CFA, ASA for first time offenders emphasizes experiences with attendees where reform and not incarceration of these she was the victim of bias as a (770) 998-4642 defendants. And crack, the drug young attorney as well as her own used by more African-Americans, personal biases as a young college carries a much longer sentence than student. Her thought-provoking cocaine, the drug used more often speech made it clear the importance Business Valuations by Caucasians. Addressing this dis- of identifying our biases and work- Divorces ! Estates ! Gifts parity is major as it would reduce ing to eliminate them before we can ESOPs ! FLPs the number of African-Americans take deliberate steps to eliminate the who are incarcerated. unconscious bias that plagues the Intangible Assets ! Disputes legal profession. Annual Luncheon Court Testimony and IRS Experience State Bar President Patrise M. Marian Cover Perkins-Hooker, the first African- Dockery is an attorney serving appraisal clients since 1981 American president of the Bar, with a background in welcomed the luncheon attend- employment www.MitchellKaye.com ees and introduced Jeff Davis, the discrimination and the executive director of the State Bar

February 2015 25 GBJ Feature

Baldwin County Courthouse at Milledgeville The Grand Old Courthouses of Georgia

by Wilber W. Caldwell

aid out in 1803 to replace Louisville as the

seat of government, Milledgeville is one L of five Georgia towns created according to plans commissioned by the state. The others are

Augusta, whose old colonial town plan was modi- fied and expanded in 1783 on 1,000 acres “confiscated from the royalists”; Louisville, laid out in 1796 as the new capital; Macon, surveyed in 1823, and Columbus, founded in 1828. Not coincidentally each of these towns was located at the head of navigation on one of Georgia’s five main rivers, and not surprisingly the early relative success of each town was directly related to the navigability of the stream upon which it was built. Augusta and Columbus flourished by the robust waters of the Savannah and the Chattahoochee. Macon held her own on the less reliable Ocmulgee while

Milledgeville’s fortunes remained tenuous beside the shallow and capricious Oconee. Louisville stagnated in Photo by Wilber W. Caldwell The Baldwin County Courthouse at Milledgeville, built in 1886, Peter E. Dennis, architect. the swamps along the Ogeechee.

26 Georgia Bar Journal The original choice of Louisville Although Milledgeville was remarkable in light of the fact that as the state capital was a mis- the capital of Georgia, its grasp some resistance was offered, most- take on almost every level. The of things commercial seemed ly by convicts released from the river was impossible for naviga- lacking, and its grasp of things state penitentiary and by young tion, the town site was a malarial political was at best tenuous. In students at the military academy. swamp, and by 1800, it was clear spite of the town’s importance After what amounted to a non-bat- that the population center of the as the seat of state government, tle, the town was surrendered with state had shifted far to the west of the Central of Georgia was slow the usual request for the protection Jefferson County and was mov- to connect Milledgeville with the of private property. The depot and ing farther westward at a healthy main line. All through the 1840s, some warehouses were destroyed, clip. The Creek Indian Cession of economic hard times persisted, and but for the most part the taking 1802-05 provided the state with Milledgeville’s hold on the political of Milledgeville was an orderly virtually all of the land between the reins of Georgia seemed unsure. affair. We cannot know whether Oconee and the Ocmulgee Rivers. Finally in 1851, the Milledgeville Sherman would have burned the Baldwin County and Milledgeville and Gordon Railroad completed a Baldwin County Courthouse or were born of this acquisition and spur from the Central’s mainline not, for the building had burned the resulting land lottery, and in to Milledgeville, and a trickle of to the ground three years before 1804 Milledgeville was declared commercial progress began to flow the general’s arrival. Baldwin the permanent capital of the state into the old capital. However, any County’s first courthouse had been of Georgia. The English influence meaningful economic progress was completed in 1814. In 1838, a more is undeniable here. Savannah was soon cut short by the Civil War. spacious building was begun, but the cultural and economic capital Milledgeville refutes the myth the simple brick building was not of Georgia in 1800, and despite the of Sherman’s brutality. Thirty fully completed until around 1847. anti-English sentiment of the peri- thousand federal troops passed Apparently the object of arson, it od, Savannah’s ties to England via through the town, but only four burned in 1861. the cotton trade were strong. The private residences were burned, After the fighting ended, new town plan for Milledgeville and most because they were being Milledgeville sought to pick up mirrored Savannah, featuring four “too vigorously protected” by their the pieces. The Masonic Hall was enormous squares. owners. This lack of destruction is leased for a courthouse in 1866,

Judging Panel Volunteers needed for 2015 state finals tournament saturday, march 14 gwinnett Justice and administration Center, lawrenceville At least two rounds of HSMT judging panel experience or one year of coaching experience required to serve at state. Volunteer forms at www.georgiamocktrial.org under the “Volunteer for the Program” page. Contact the Mock Trial Office with questions: 404-527-8779 or toll free 800-334-6865 ext. 779 Email: [email protected]

MT_Feb15.indd 1 1/28/2015 3:21:51 PM February 2015 27 the Central of Georgia Railroad in the next year reflected only a Architecture/Georgia magazine, the through Milledgeville began run- glimpse of “New South” exuber- Baldwin County Courthouse was ning again in 1865, and even in ance. Like so many courthouses P. E. Dennis’ first professional com- the teeth of the economic disas- built in the postbellum period in mission in a career which would ter that followed the war, a new towns beside antebellum rails, at also include the design of the railroad was under construction. heart, it reflected the earlier style. 1907 Turner County Courthouse Completed to Milledgeville in 1867 Extensive additions to the build- at Ashburn created in coopera- and to Augusta in 1870, the Macon ing in 1937 and 1965 today obscure tion with fellow Macon architect, and Augusta Railroad created a much of the original structure. An Alexander Blair. direct connection linking Macon imposing neoclassical portico and This is not the grand, monumen- with Augusta via Milledgeville, adjoining wings cover all but the tal architecture of state and national Sparta and Warrenton, joining old brick arch of the front entrance institutions. Here is an architecture The Georgia Railroad at Camak. and a Federal Style central second- of human scale, domestic, simple, Thus, Milledgeville became one story window. Large wings were proud and rural, which looks to of the first postbellum junction added at each corner with cornices itself, more than anywhere else, cities. But in that same year, the that relate to the portico. Sadly for its forms. It is a very conserva- bottom dropped out. The end of the old building is, in large part, tive, almost primitive art, which is Andrew Johnson’s Presidential encased in the expansion. Only so inwardly turned. But after all, Reconstruction and the begin- from the sides, where the win- this was the art of a very inwardly ning of Radical Reconstruction, dows of the original courtroom turned people—a people who were enforced by a federal military are left unobstructed to gather the confronted with visions of a new presence, quickly put an end to sunlight, can one retrieve a feel world while desperately clinging Milledgeville’s already tenuous for the original 1886 structure. to distorted images of the old. hold on the state capital. Apart from the remarkable clock In the 1867 election to select tower, the 1886 Baldwin County Excerpted by Wilber W. Caldwell, delegates to the Constitutional Courthouse was a reflection of the author of “The Courthouse and the Convention, in all of Baldwin old square two-story vernacular Depot, The Architecture of Hope County, only 660 white men were style. Suggesting the Classical out- in an Age of Despair, A Narrative registered and only seven voted. line of the Federal mode, it echoes Guide to Railroad Expansion and Here were ignited the coals of anger the simple design that typified its Impact on Public Architecture and hatred, which were to power antebellum courthouses built in an in Georgia, 1833-1910,” (Macon: the engines of stagnation and nar- era when most of the state could row-mindedness for decades to lay claim to fellowship with an Mercer University Press, 2001). come. To add insult to injury after unsophisticated American frontier. Hardback, 624 pages, 300 photos, the removal of the state capital to But here, in 1886, we find richer 33 maps, 3 appendices, complete Atlanta in 1868, Milledgeville’s detail: the regular brick pilasters index. This book is available for was also and the stunningly tall arches of $50 from book sellers or for $40 moved to Atlanta in 1870, and the the courtroom windows beneath from the Mercer University Press next decade saw not only a ruinous the traditional pyramidal roof sup- at www.mupress.org or call the economic depression but also a dev- ported by a studded cornice. With Mercer Press at 800-342-0841 astating tornado and two fires that its flamboyant wooden decoration, inside Georgia or 800-637-2378 destroyed “fully half of the down- its unique tower and its graceful outside Georgia. town business district including the arched courtroom windows, the new Milledgeville hotel. . . .” 1886 Baldwin County Courthouse All of these setbacks massed bridges the gap between the sim- together to delay the construc- ple builder-designed architecture tion of a new Baldwin County of that early period and the wild Courthouse. There seemed to be fantasies to come. no hurry in 1868, for with the old Most agree that the archi- capitol building now empty, there tect of the 1886 Baldwin County was plenty of room for courthouse Courthouse was Peter E. Dennis of Join the State Bar on functions. From 1880 to 1887 the Macon, but unclear reference is also county leased the Milledgeville made to the McDonald Brothers of Opera building for use as a tempo- Louisville, Ky., who were some- facebook! rary courthouse. By 1886 things had how involved in the planning or turned around enough for Baldwin the development of the specifica- www.facebook.com/ County to consider a new court- tions of the courthouse. According statebarofgeorgia house, but the building completed to Russell Claxton writing in

28 Georgia Bar Journal Private Health Insurance Exchange

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Kudos > Hon. William C. O’Kelley, senior U.S. > Pope McGlamry announced Paul district judge of the Northern District of Kilpatrick, managing partner, is cele- Georgia, was awarded the 2014 Emory brating his 50th anniversary practicing Medal, the university’s highest alumni law. Kilpatrick helped form Pope honor, by the Emory Alumni Association McGlamry in 1984 and has handled in October. Medalists are honored for hundreds of cases in various areas of distinguished service to the university, extraordi- litigation throughout the years. During Kilpatrick’s nary public service or high achievement in their decades of practice he has spent 15 years focusing field, the professions or the arts. on family law and another 35 in the area of plaintiff and business litigation. > The Georgia Asylum and Immigration Network appointed Elie Wolfe, Nelson > The inaugural W. Homer Mullins Riley & Scarborough LLP, to its Drake, Jr., Georgia Bank- board of directors. The network pro- ruptcy American Inn of vides pro bono legal representation to Court selected Melissa asylum seekers and immigrant victims Davey and Valerie of human trafficking, domestic violence, sexual

Davey Richmond Richmond, Stites & assault and other crimes through direct representa- Harbison, PLLC, as barris- tion and pro bono referrals. ters for the fiscal year 2014-15. Barristers are law- yers with 6-14 years of insolvency experience that > Davis, Matthews & Quigley, P.C., demonstrate excellent character and the desire to announced associate John A. Sugg co- improve and refine their skills. authored the article, “Hypothetical Transaction? But She’s Not Selling” in > School of Law recog- the most recent National Litigation nized John Witte Jr. with a named pro- Consultants’ Review. Sugg represents fessorship. Witte, acclaimed teacher, small businesses, large international companies and prolific scholar and director of Emory’s individuals, including high net worth clients. Center for the Study of Law and Religion, was named Robert W. Woodruff > The American College of Bankruptcy Professor of Law at Emory, the highest designation selected Jason Watson, Alston & Bird the university can bestow on a faculty member. partner, as a fellow. The American College of Bankruptcy is an honorary > The Pennsylvania Association for professional and educational associa- Justice awarded Don Keenan of the tion of bankruptcy and insolvency pro- Keenan Law Firm, with the Community fessionals. Fellows of the college include commer- Service Award for Keenan’s efforts as cial and consumer bankruptcy attorneys, insolvency an advocate in the courtroom for chil- accountants, turnaround specialists, law professors, dren at risk and for promoting child judges and government officials. safety through his Keenan’s Kids Foundation. The foundation raises public awareness about child > Edward M. “Bubba” Hughes of safety hazards and works to improve the lives of Callaway Braun Riddle & Hughes at-risk youth through clothing drives, feeding the received the 2014 DRI Outstanding homeless, children’s events and fundraisers. State Representative Award, presented during the DRI Annual Meeting in San > The Anti-Defamation League (ADL) Francisco in October. DRI is the leading announced Bennet Alsher, partner at national organization of defense attorneys and in- FordHarrison LLP, was elected to the house counsel. A past president of the Georgia National Commission. The Anti- Defense Lawyers Association (GDLA), Hughes Defamation League was founded in 1913 began his service as the GDLA state representative to stop the defamation of the Jewish to DRI in October 2011. people and to secure justice and fair treatment to all. Now the civil rights/human relations agency, ADL fights anti-Semitism and all forms of bigotry, defends democratic ideals and protects civil rights for all.

30 Georgia Bar Journal Bench & Bar

> The Atlanta Legal Aid Society honored President’s Award in recognition of her outstand- J.D. Humphries III, Stites & Harbison, ing contributions and lasting impact to the interna- PLLC, with the Randall L. Hughes tional trademark community. Lifetime Commitment to Legal Services Award. This award honors an > The State Bar of Georgia’s individual who has spent one’s career Young Lawyers Division working with Atlanta Legal Aid Society and has presented Burroughs/Elijah made a tangible difference in multiple capacities. partner Brandon Elijah with the Outstanding The > American Bar Association Elijah Burroughs Service to the Public Award announced that Barnes & Thornburg for his work as co-founder partner Stephen Weizenecker was elect- of the state’s first responders wills clinic program at ed to serve on the governing committee the State Bar’s Annual Meeting in June 2014. As a of the forum on entertainment and result of his work with the wills clinic, Elijah was sports industries. The purpose of the selected to serve as co-chair for the 2014-15 First forum is to provide networking and continuing edu- Responders Wills Clinic. cation opportunities to legal professionals working Partner Daniel Burroughs was recognized in the entertainment, arts and sports industries. by The Business Network International (BNI) as member of the year of the Augusta Referral > Alston & Bird announced that partner Powerhouse chapter where he served as president. Patrick Flinn was named a recipient With more than 170,000 members worldwide, BNI of the 2014 Georgia State University is the largest business networking organization in Intellectual Property Community the world. Service Award. Georgia State University, the State Bar of Georgia On the Move IP Section and the Atlanta Bar IP Section sponsor the award, which is given to individuals who dem- In Atlanta onstrate a longstanding commitment to service > McGuire Woods LLP benefiting a broad range of people, organizations announced that Peter N. and interests in the community. Farley and Josiah Bancroft joined the firm as partners. > Kilpatrick Farley represents clients in Townsend & a wide range of labor and Farley Bancroft Stockton employment, ERISA and announced general business litigation matters. Bancroft assists partner Ted clients in planning, structuring, negotiating and

Davis Cahoon Taylor Davis was consummating a wide range of acquisition, devel- selected by the opment, financing and leasing transactions. The International Trademark Association (INTA) as a firm is located at 1230 Peachtree St. NE, Suite 2100, recipient of the 2014 Volunteer Service Award for Atlanta, GA 30309; 404-443-5500; Fax 404-443- the Advancement of Trademark Law. The award 5599; www.mcguirewoods.com. recognizes individuals who provide exemplary volunteer service to INTA and whose efforts dur- > Miller & Martin PLLC announced the ing the year have led to the advancement of sub- addition of Joseph P. L. Snyder as a stantive trademark law and practice. INTA is a partner. Snyder’s practice focuses on global association of trademark owners and profes- commercial real estate development, sionals with members from 6,400 organizations investment and leasing. The firm is from 190 countries. located at 1180 W. Peachtree St. NW, Partner Susan Cahoon was honored with a Suite 2100, Atlanta, GA 30309; 404-962-6100; Fax scholarship in her name at Emory College of Arts 404-962-6300; www.millermartin.com. and Sciences. The Susan A. Cahoon Scholarship endowment will provide support for students > The law firm of Belli Weil Grozbean & Davis LLC attending Emory College. relocated its offices. The firm is now located at 5445 Associate Virginia Taylor was selected by Peachtree Dunwoody Road, Atlanta, GA 30342; 770- the INTA as a recipient of the prestigious 2014 993-3300; Fax 770-552-0100; www.bwgd.com.

February 2015 31 Bench & Bar

> Smith Moore ment funds, among other lenders. The firm is Leatherwood located at 600 Peachtree St. NE, Bank of America LLP announced Plaza, Suite 4100, Atlanta, GA 30308; 404-888-4000, the addition of Fax 404-888-4190; www.hunton.com. Matthew P. Stone, Shawn Burr & Forman LLP announced the Stone Kalfus Flake > N. Kalfus and addition of Jon M. Gumbel as partner Kori E. Flake as associates. Stone has more than 20 and member of the labor and employ- years’ experience in the transportation industry, ment practice group. Gumbel defends focusing on resolving motor vehicle liability claims employers in regards to state and federal against companies, drivers and insurers in the employment, administrative and litiga- trucking and transportation industry. Kalfus focus- tion matters, as well as advising management on all es his practice on the defense of wrongful death and aspects of employment law issues. The firm is locat- catastrophic injury cases. Flake also works to sup- ed at 171 17th St. NW, Suite 1100, Atlanta, GA 30363; port the transportation practice group. The firm is 404-815-3000; Fax 404-817-3244; www.burr.com. located at 1180 W. Peachtree St. NW, Suite 2300, Atlanta, GA 30309; 404-962-1000; Fax 404-962-1200; > Chamberlain, Hrdlicka, www.smithmoorelaw.com. White, Williams & Aughtry announced the addition of > Erica C. Livingstone as senior counsel and Sara E.

Livingstone Hamilton Hamilton as an associate. Livingstone joins the firm’s intellectual property practice while Hamilton joins

Berger Callaway Collins Terry the labor and employment practice. The firm is located at 191 Peachtree St. NE, 34th Floor, Nelson Mullins Riley & Scarborough Atlanta, GA 30303; 404-659-1410; Fax 404-659-1852; LLP announced the addition of Ross www.chamberlainlaw.com. Berger, Edgar Callaway, Jay Collins, Dené Terry and Dominic Valponi as > Bovis, Kyle, Burch & Medlin, LLC, associates. Berger, Collins, Terry and announced the addition of Kim M. Valponi focus their practice on the areas as a . Jackson’s practice Valponi Jackson partner of corporate law, mergers and acquisi- focuses on defending attorneys and tions, private equity and venture capital. Callaway other professionals in malpractice focuses his practice on education law and public claims, handling coverage and bad faith policy. The firm is located at 201 17th St. NW, Suite disputes and defending catastrophic injury cases, 1700, Atlanta, GA 30363; 404-322-6000; Fax 404-322- typically focusing on premises liability. The firm is 6050; www.nelsonullins.com. located at 200 Ashford Center North, Suite 500, Atlanta, GA 30338; 770-391-9100; Fax 770-668-0878; > Culhane Meadows announced the addi- www.boviskyle.com. tion of Tom Tallmadge as a partner. Tallmadge’s practice focuses on com- > Axiall Corporation announced the plex commercial contract matters in the addition of Tony Ventry as senior technology field and general intellectual counsel of labor and employment. property matters. The firm is located at Ventry focuses on providing guidance 3340 Peachtree Road, Suite 1800, Atlanta, GA 30326; to company management on federal, 770-330-5679; www.culhanemeadows.com. state and local employment laws; work- ing extensively with the human resources team > Hunton & Williams LLP announced regarding strategy; and representing the company the addition of Chris Underwood as an before government administrative boards and at associate. As a member of the capital court in civil lawsuits. The firm is located at 1000 finance and real estate team, Underwood Abernathy Road NE, Suite 1200, Atlanta, GA 30328; focuses on business finance and lending 770-395-4500; Fax 770-395-4529; www.axiall.com. services for commercial banks, financial services companies, institutional lenders and invest-

32 Georgia Bar Journal Bench & Bar

> Walmart Stores, Inc., announced that trusts in the acquisition, financing, development, Vasco McRae is the new regional com- leasing and disposition of commercial real estate. pliance manager for the metro-Atlanta Boyd joined the environment, land use and natural area. McRae is responsible for the miti- resources group, representing clients in complex gation of compliance risks by monitor- environmental and toxic tort litigation. Gooch joined ing governmental regulatory activity the finance group and represents financial institu- and conducting audits to ensure compliance with tions and corporate borrowers in a variety of corpo- Walmart and Sam’s Club policies. His office is rate finance transactions, including syndicated credit located at 400 Interstate North Parkway, Suite 950, facilities, acquisition financings, notes offerings and Atlanta, GA 30339; 479-268-8023. asset-based financings and restructurings. Healy joined the corporate transactions and securities > Carlock, Copeland & Stair announced group, representing public and private companies in partner Shannon M. Sprinkle was select- securities transactions, mergers and acquisitions, and ed to serve as the firm’s general counsel. other corporate transactions. Jivani joined the intel- Sprinkle is responsible for the overall lectual property litigation group, litigating patents in management of legal concerns and ser- a wide array of technologies. Kent joined the litiga- vices for the firm, specifically for manage- tion and trial practice group, specializing in antitrust ment of the firm’s professional liability processes and litigation. Sigler joined the bankruptcy, workouts and risk management, and advises the firm on a wide reorganization group, representing debtors in com- variety of issues. The office is located at 191 Peachtree plex Chapter 11 cases and advises clients in all St. NE, Suite 3600, Atlanta, GA 30303; 404-522-8220; aspects of bankruptcy proceedings. Simmons joined Fax 404-523-2345; www.carlockcopeland.com. the products liability group, focusing on complex liti- gation matters, primarily class actions and products > Warner, Bates, McGough, McGinnis & liability, and subcontractors in all aspects of construc- Portnoy announced the addition of Janet tion projects and disputes. Tuck joined the litigation A. Hardman to the firm as an associate. and trial practice group, focusing on complex litiga- Hardman works primarily in family law tion, including appeals, class actions and antitrust and assists in both civil and criminal cases. matters. The firm is located at One Atlantic Center, The firm is located at 3350 Riverwood 1201 W. Peachtree St., Atlanta, GA 30309; 404-881- Parkway, Suite 2300, Atlanta, GA 30339; 770-951-2700; 7000; Fax 404-881-7777; www.alston.com. Fax 770-951-2200; www.wbmfamilylaw.com. > The Hilbert Law Firm, LLC, announced > Susan Green Miller joined the firm’s residential closing department as of counsel. Miller focuses her practice on the areas of residential and commercial real estate, concentrating heavily in both

Allen Boyd Gooch Healy high end residential transactions as well as investor transactions. The firm is located at 400 Perimeter Center Terrace NE, Suite 900, Atlanta, GA 30346; 770- 551-9310; Fax 770-551-9311; www.hilbertlaw.com. > Fisher & Phillips LLP announced the addition of

Jivani Kent Sigler Simmons Michael P. Elkon and Matthew R. Simpson as Alston & Bird announced the addition of partners. Elkon helps com-

Andrew R. Allen, Meaghan G. Boyd, Elkon Simpson panies navigate legal hur- Kevin A. Gooch, Kyle G. Healy, Kamran dles with respect to recruit- Jivani, Matthew D. Kent, Sage M. Sigler, ing talent. Simpson represents companies in all areas Sean A. Simmons and Andrew J. Tuck of labor and employment litigation, with a particular as . Allen joined the real estate emphasis on individual and collective wage-hour Tuck partners and finance investment group, advising actions. The firm is located at 1075 Peachtree St. NE, large institutional and pension fund investors, devel- Suite 3500, Atlanta, GA 30309; 404-231-1400; Fax opers and publicly traded real estate investment 404-240-4249; www.laborlawyers.com.

February 2015 33 Bench & Bar

> Davis, Matthews & Quigley, P.C., > announced Lauren J. Miller joined the firm as an associate. Miller represents clients in a variety of family law matters including divorce, child custody, child

support, alimony and equitable division Brown Cornett Eyster Fon of property. The firm is located at 3400 Peachtree Road NE, Suite 1400, Atlanta, GA 30326; 404-261- Kilpatrick Townsend & Stockton announced the 3900; Fax 404-261-0159; www.dmqlaw.com. addition of four new associates: Nick Brown, Rho Debrow Cornett, Zach Eyster and Sara Fon. Brown > Jones Day joins the firm’s bankruptcy and financial restructur- announced the ing team in the litigation department. Cornett and addition of Eyster join the firm’s trademark and copyright team Michael J. in the intellectual property department while Fon Bruner, Ph.D., joins the firm’s mergers and acquisitions and securi- and Jack M. ties team in the corporate, finance and real estate Bruner Williams Pinson Williams as department. The firm is located at 1100 Peachtree St. partners, and former U.S. Supreme Court clerk NE, Suite 2800, Atlanta, GA 30309; 404-815-6500; Andrew Pinson as an associate. Bruner focuses on Fax 404-815-6555; www.kilpatricktownsend.com. chemical, pharmaceutical and biotechnology inno- vations. Williams focuses on companies in products > Polsinelli announced the appointment liability cases and in types of business and commer- of Nancy E. Rafuse as chair of cial litigation including tobacco, asbestos and phar- their labor and employment practice. maceuticals. Pinson practices in the firm’s issues Rafuse’s new management role is in and appeals section. The firm is located at 1420 conjunction with multiple manage- Peachtree St. NE, Suite 800, Atlanta, GA 30309; 404- ment changes across the country to 521-3939; Fax 404-581-8330; www.jonesday.com. expand the level of leadership geographically at the practice group, office managing partner and > Childers, Schlueter and Smith, LLC, department levels. The firm is located at 1355 announced the addition of Patrick J. Peachtree St. NE, Suite 500, Atlanta, GA 30309; Wheale as an associate. Wheale focuses 404-253-6000; www.polsinelli.com. his practice on personal injury and defective and dangerous pharmaceuti- > James-Bates-Brannan-Groover-LLP cal products and medical devices. The announced the addition of Matthew firm is located at 1932 N. Druid Hills Road NE, Couvillion as an associate in the Atlanta Suite 100, Atlanta, GA 30319; 404-419-9500; Fax 404- office. Couvillion focuses on providing 419-9501; www.cssfirm.com. comprehensive tax and corporate law advice to businesses and tax exempt > Morris, organizations in the tax and wealth planning group. Manning & The firm is located at 3399 Peachtree Road NE, Suite Martin, LLP, 1700, Atlanta, GA 30326; 404-997-6020; Fax 404-997- announced 6021; www.jamesbatesllp.com. the addition of partners Barnes & Thornburg announced Hill Mize Roehl > Jessica Hill, Lawrence Humphrey joined the firm’s Clyde Mize and Tony Roehl. Hill focuses on devel- corporate department as a partner. opers and property owners in land use and zoning Humphrey is a transactional attorney issues in Georgia. Mize practices in the areas of resi- with a focus on general commercial dential and commercial real estate, finance and gov- and operational contracts. The firm is ernment guaranteed lending while Roehl’s principal located at 3475 Piedmont Road NE, Suite 1700, areas of concentration are regulation and transac- Atlanta, GA 30305; 404-846-1693; Fax 404-264-4033; tional matters involving entities within the insurance www.btlaw.com. industry. The firm is located at 1600 Atlanta Financial Center, 3343 Peachtree Road NE, Atlanta, GA 30326; 404-233-7000; Fax 404-365-9532; www.mmmlaw.com.

34 Georgia Bar Journal Bench & Bar

> Parks IP Law announced In Brunswick the firm changed its name > Hall Booth Smith, P.C., announced Jim Durham to Parks Wood LLC, and joined the firm as a partner and Audra Rizzi joined that Collen Beard and the firm as of counsel. Durham has more than 30 Mickki Murray were ele- years of trial experience involved in multiple areas

Beard Murray vated to partner. Beard of civil litigation, including commercial litigation, leads the firm’s internal products liability and medical malpractice defense. operations, in addition to her patent practice. Rizzi’s practice focuses on health care law, com- Murray manages a patent prosecution practice mercial civil litigation and complex domestic dis- team. The Atlanta office is located at 730 Peachtree putes. The firm is located at 3528 Darien Highway, St. NE, Suite 600, Atlanta, GA 30308; 678-365-4444; Suite 300, Brunswick, GA 31525; 912-554-0093; Fax 678-365-4450; www.parks-wood.com. Fax 912-554-1973; www.hallboothsmith.com. > Hon. Glenda A. Hatchett, of the popu- In Columbus lar television show “Judge Hatchett,” > Page, Scrantom, Sprouse, Tucker & announced the opening of The Hatchett Ford, P.C., has announced the addition Firm. The firm specializes in catastroph- of Tyler C. Cashbaugh as an associate. ic accidents, wrongful deaths, medical Cashbaugh represents individuals and malpractice, reputational/marketing corporations in the areas of litigation risks and product liability. The firm is located at 191 and labor and employment law. The Peachtree St., Suite 2600, Atlanta, GA 30303; 404- firm is located at 1111 Bay Ave., Third Floor, 467-6000; www.thehatchettfirm.com. Columbus, GA 31901; 706-324-0251; Fax 706-243- 0417; www.columbusgalaw.com. In Augusta > Cherry Bekaert LLP announced the > Butler Wooten Cheeley & Peak LLP addition of Christopher L. Lewis as a announced the addition of David T. partner. Lewis helps clients throughout Rohwedder as an associate. Rohwedder’s all phases of tax planning and compli- practice areas include personal injury, ance. The firm is located at 1029 Greene car and trucking cases, wrongful death, St., Augusta, GA 30901, 706-724-3557; auto defects and business torts. The firm Fax 706-724-1667; www.cbh.com. is located at 105 13th St., Columbus, GA 31901; 800- 242-2962; Fax 706-323-2962; www.butlerwooten.com.

Mustakeem Receives Non-Exploding Gift by Len Horton At a special breakfast event at Astor Court inside the St. Regis hotel on Dec. 16, Georgia Bar Foundation President Jimmy Franklin presented Aasia Mustakeem with her President’s Award for her work during her two-year presidency of the Georgia Bar Foundation. The two years of her presidency ended July 2013. Overdue by a year and a half, the award was finally presented to her during President Franklin’s second term. Mustakeem’s blown-glass sculpture had been so challenging to make that the previous effort blew up during its creation the night before the annual grants meeting in 2013. Consequently, the award could not be presented to her at the meeting the following day. Georgia Bar Foundation President Jimmy Franklin and President Emeritus Aasia Mustakeem. Refusing to let an exploding sculpture keep him from producing another real estate practice while also giving of herself to those creative masterpiece, Tom Lillie of Lillie Glass redid the piece with Lillie less fortunate. Glass determination. The resulting work of art, which is signed by the artist, is a tribute to Mustakeem’s presidency. The commercial build- “Given the challenges she overcame during her presidency, ings cut out of the sides of the bowl combined with the hands of the the difficulty of actually making the sculpture symbolizes unfortunate reaching upward for assistance symbolize Mustakeem’s the hurdles she cleared in guiding the Georgia Bar Founda- presidency. She knows how to meet the demands of her commercial tion during difficult economic times,” said Franklin.

February 2015 35 Vote Electronically in 2015 and Opt Out of Paper Ballots

The State Bar now offers the option to vote electronically in Bar elections, in lieu of receiving a paper ballot. Contact the State Bar’s Membership Department at membership@ gabar.org by Wednesday, Feb. 25, to opt in to electronic voting. If you have previously opted in to electronic voting, there is no need to do it again. (If you don’t opt in, you will continue to receive a paper ballot.) When the voting site opens this spring, all active members who have opted to vote electronically will receive an email which explains how to log in and vote. Easy step-by-step instructions will help you complete your ballot online.

Sign up for the Committee to Promote Inclusion Unlockyour in the Profession’s Speaker Clearinghouse Potential About the Clearinghouse The Committee to Promote Inclusion in the Profession is committed to promoting equal participation of minorities and women in the legal profession. The Speaker Clearinghouse is designed specifically for, and contains detailed information about, minority and women lawyers who would like to be considered as faculty members in continuing legal education programs and provided with other speaking opportunities. For more information and to sign up, visit www.gabar.org. To search the Speaker Clearinghouse, which provides contact information and information on the legal experience of minority and women lawyers participating in the program, visit www.gabar.org.

36 Georgia Bar Journal Bench & Bar

In Macon mercial real estate. The firm is located at 855 Sam > James-Bates-Brannan- Newell Road, Suite 208, Matthews, NC 28105; 770- Groover-LLP announced 315-6592; www.mcdermottlawpllc.com. the additions of Dianna Lee and L.D. “Trey” Ennis In Jacksonville, Fla. III in the Macon office. > Nelson Mullins Riley & Scarborough Lee focuses on litigation, LLP announced that Matt McLauchlin Lee Ennis health care, real estate, cor- joined the Jacksonville office as a part- porate and finance/banking while Ennis focuses ner. McLauchlin represents plaintiffs on litigation, sports law, general corporate matters and defendants in contract, business tort, and real estate. The firm is located at 231 Riverside construction, franchise and employment Drive, Macon, GA 31201; 478-742-4280; Fax 478- disputes. The firm is located at 50 N. 742-8720; www.jamesbatesllp.com. Laura St., Suite 2850, Jacksonville, FL 32202; 904-665- 3600; Fax 904-665-3699; www.nelsonmullins.com. In Charleston, S.C. > Lewis, Babcock & Griffin LLP In Memphis, Tenn. announced that it opened an office in > Wyatt, Tarrant & Combs, LLP, the Charleston area and that Badge announced the addition of Matthew M. Humphries joined as partner. Lubozynski as a member of the firm’s Humphries has an extensive back- intellectual property protection and liti- ground in complex federal and state gation service team. Lubozynski con- class actions, securities fraud litigation and share- centrates his practice in the area of intel- holder rights. The office is located at 2113 Middle lectual property, patent and general litigation mat- St., Suite 207, Charleston, SC, 29482; 843-883-7444; ters. The firm is located at 1715 Aaron Brenner Fax 843-883-7461; www.lbglegal.com. Drive, Suite 800, Memphis, TN 38120; 901-537-1000; Fax 901-537-1010; www.wyattfirm.com. In Charlotte, N.C. > McDermott Law, PLLC, announced In Washington, D.C. attorney Jon Cook joined the firm as > Parks IP Law announced the firm changed its an associate. Cook’s experience name to Parks Wood LLC, and opened an office includes advising local, national and in Washington, D.C., located at 1250 Connecticut international clients in matters includ- Ave. NW, Suite 200, Washington, DC, 20036; 202- ing buying, selling and leasing com- 261-3587; www.parks-wood.com. How to Place an Announcement in the Bench & Bar column If you are a member of the State Bar of Georgia and WANT TO you have moved, been promoted, hired an associate, taken on a partner or received a promotion or award, we would like to hear from you. Talks, speeches (unless they are of national stature), CLE presentations SEE YOUR and political announcements are not accepted. In addition, the Georgia Bar Journal will not print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers, Chambers USA, Who’s NAME IN Who, etc.). Notices are printed at no cost, must be submitted in writing and are subject to editing. Items are printed as space is available. News releases regarding lawyers who are not members in good standing of the State Bar of Georgia will not be printed. For more information, please contact Lauren Foster, PRINT? 404-527-8736 or [email protected].

February 2015 37 Office of the General Counsel

They Like Me! They Really Like Me! by Paula Frederick

“ ake a look at this closing letter from Joe

Doaks,” your partner demands as he enters T your office. “Down here at the bottom”: Thank you for entrusting the Law Firm of Joe Doaks and Associates with your legal matter. If you are happy with the service that we have provided, please go to www.rateyourlawyer.com and leave a positive review about your experience.

“Can he do that?” your partner wonders. “Seems like it’s soliciting, or misleading or something unethical.” “I guess he’s soliciting in the sense that he wants positive feedback, but that’s not the kind of soliciting prohibited by the Bar Rules. He’s not trying to attract clients; it goes to clients at the end of the case,” you point out. “And I don’t think it’s misleading. He is absolutely clear about what he wants.” “It just seems so self-serving. Maybe it violates 7.3(c) provides that a lawyer may not give “anything of the rules on personal conflicts . . .” your partner says value” to a person in exchange for a recommendation doubtfully. resulting in the lawyer’s employment. “You know, it could backfire,” you speculate. “Joe But to ask a current or former client—a person with has absolutely no control over what folks actually say whom the lawyer already has a professional relation- in their review! Admit it—you just don’t like the idea ship—to post a truthful review of the lawyer’s services of lawyers being rated on those online sites.” does not violate either rule. “Just like the neighborhood pizza joint,” your These days every potential client is likely to search partner grumbles. for online reviews of a lawyer before deciding who Actually, there is no problem with asking a current to hire. Ensuring that your happy clients have let the or former client to give you a positive online review, as cyberworld know about your quality of service is just long as you abide by the Rules of Professional Conduct good business sense. in doing so. That means a lawyer may not pay for a Stay tuned! In April, I’ll address the lawyer’s dilem- positive referral or attempt to influence the reviewer ma when hit with an untruthful review! to lie. It all goes back to the rules on advertising and solic- Paula Frederick is the general counsel for iting. Rule 7.1 requires that communications regarding the State Bar of Georgia and can be a lawyer’s services must be true and not misleading. reached at [email protected]. Subpart (c) makes the lawyer responsible for ensur- ing that all communications concerning his services comply with the Rules of Professional Conduct. Rule

38 Georgia Bar Journal How does your firm face risk?

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Attorney Discipline Summaries (Oct. 18, 2014 through Dec. 18, 2014)

by Connie P. Henry

Disbarments/Voluntary Surrenders Stephen L. Minsk Atlanta, Ga. Henry T. Swann III Admitted to Bar 1985 Brunswick, Ga. On Nov. 3, 2014, the Supreme Court of Georgia Admitted to Bar 1975 disbarred attorney Stephen L. Minsk (State Bar No. On Nov. 3, 2014, the Supreme Court of Georgia 511366). The following facts are deemed admitted by disbarred attorney Henry T. Swann III (State Bar No. default: In 2012 Minsk filed a Chapter 7 bankruptcy 693888). Swann was disbarred in Florida for miscon- petition on behalf of his debtor client. Minsk filed the duct that spanned several years and involved 26 viola- petition and the associated statement of financial affairs tions of the Florida Bar Rules. without the authority or consent of his client or of the individual principal, whose name Minsk forged on the Joseph Kizito petition. Minsk knowingly made false statements to Suwanee, Ga. his client, to the bankruptcy court and to third parties. Admitted to Bar 2003 The bankruptcy court entered an order imposing sanc- On Nov. 3, 2014, the Supreme Court of Georgia dis- tions which included a $40,000 judgment in favor of barred attorney Joseph Kizito (State Bar No. 424804). his client, which Minsk proposed paying off in $1,000 The following facts are deemed admitted by default: monthly increments. The bankruptcy court later held In 2008 a client paid Kizito $1,500 in attorney fees and him in contempt for failing to make payments after his $2,705 for filing fees. He also provided documents to checks were returned for insufficient funds. Kizito to handle an immigration matter for the client. In aggravation of discipline the Supreme Court Kizito did not file any pleadings. In July 2009, Kizito found that Minsk acknowledged service of the Notice told the client that he should wait until 2010 to file the of Investigation but did not respond. Although Minsk matter, and that he would hold the filing fees in his trust had received no prior discipline, the Investigative account. Kizito did not hold the filing fees in his trust Panel had found probable cause in another matter account nor did he keep complete records of the client’s seeking his disbarment in that case, as well. filing fees. In December 2009, the client’s wife contacted Kizito, who told her he no longer would represent her Donald L. Jones husband. He said he would refund a portion of the fees. Atlanta, Ga. Kizito sent the client $1,000 in August 2011, as a partial Admitted to Bar 1977 refund of attorney fees. He withdrew the $1,000 from his On Nov. 3, 2014, the Supreme Court of Georgia trust account, along with $58 to wire the money. He did disbarred attorney Donald L. Jones (State Bar No. not return any other funds, including the filing fee, nor 399850). The following facts are deemed admitted by did he return the client’s documents. default: Jones was retained in four separate matters to

40 Georgia Bar Journal represent clients in personal injury of misconduct, Lea obstructed the cases. After settling the cases for disciplinary process and Lea’s amounts ranging from $20,000 to victims were vulnerable. $299,000, Jones failed to remit all Reinstatement is contingent upon the settlement monies and failed to restitution in the amounts of $4,650 account for the monies. Instead, he in the first matter and $9,000 in the abandoned his practice, withdrew second. Justice Benham dissented. the funds from his trust account and absconded with the clients’ Public Reprimand funds. Jones failed to respond to Jerry Wayne Moncus the Notices of Investigation. Dalton, Ga. Admitted to Bar 1992 Suspensions On Nov. 3, 2014, the Supreme William Charles Lea Court accepted the petition for Atlanta, Ga. voluntary discipline of attorney Admitted to Bar 2001 Jerry Wayne Moncus (State Bar On Oct. 20, 2014, the Supreme No. 515690) and ordered that he Court suspended attorney William receive a Public Reprimand for his Charles Lea (State Bar No. 442006) failure to communicate adequately for three years with conditions for with a client he was representing reinstatement. The following facts in civil litigation. Moncus filed a are deemed admitted by default: complaint on the client’s behalf in Lea was retained in October 2010, October 2008. At the time, Moncus to give a client an opinion on the was a sole practitioner with only merits of a possible habeas cor- one full time employee involved in pus proceeding. After Lea deter- communicating with clients. Early mined that it would be meritori- in the discovery phase, the defen- ous, the client’s family paid Lea dant produced documents that had $7,000 as fees (plus $150 in filing a significant adverse effect on his costs), but he never filed the peti- case. Nevertheless, the client elect- ing to respond to discovery; to tion. Since March 2011, he has not ed to proceed with the case. Moncus convince the client to defend the corresponded with his client or had difficulty getting the client to summary judgment motion; and returned phone calls from the cli- respond to discovery, writing sev- to convey the seriousness of the ent’s family. In October 2011, the eral letters to which he received consequences of not responding. client discharged Lea and hired no response; the client asserted He admitted that he should have new counsel. Lea has not returned that he did not receive the letters. made a greater effort to contact the any of the fees. When the defendant filed a motion client. Moncus stated that it would In another matter Lea was for summary judgment, Moncus have been better to withdraw as retained in July 2010 to represent informed the client by letter. The the client’s counsel. a client in a criminal case and client responded to Moncus’s let- Moncus offered as mitigating was paid $10,000. Lea met with ter but did not authorize him to factors that he had no dishonest or the client for about an hour and respond to the motion. The trial selfish motive; that he made a time- promised to return in a week. Lea court granted the motion in 2010. ly good faith effort to rectify the did not keep that promise and In January 2011, the defendant consequences of the misconduct; the client terminated the repre- filed an abusive litigation action that he displayed a cooperative sentation, requesting a refund of against the client. Moncus repre- attitude towards the disciplinary the fees. Although Lea promised sented the client without charge process and made full and free dis- to return the fees, he has only in that action. A jury returned a closure to the disciplinary authori- refunded $1,000. verdict against the client for $6,300 ties; that he has a good reputation In mitigation of discipline the in general damages and $3,700 in in the legal community; that he has special master found that Lea has punitive damages, which was less always been involved in indigent no prior discipline and appears than the plaintiff’s cost of defense criminal defense work; that he has to be genuinely remorseful. In in the original action. a reputation for honest and dili- aggravation the special mas- Moncus admitted that he could gent representation of his clients; ter found that Lea had a selfish have done more to communicate and that he is open with his clients motive, this case involves mul- with the client about the length and does not exaggerate the cli- tiple offenses and multiple cli- and processes of litigation; to con- ent’s ability to obtain the desired ents, and demonstrates a pattern vey the negative effects of fail- results. He regrets his actions and

February 2015 41 has taken steps to avoid similar In April 2013, Schatten negotiated a compensation benefits. An associ- failures in the future. Payment Plan Agreement and when ate attorney met with the client, As aggravating factors, Moncus Schatten completed payment under obtained the client’s signature on a received a Formal Letter of that plan in October 2013, the clients representation agreement and han- Admonition in 2011 and a Public entered a satisfaction of their judg- dled the representation. Ellis knew Reprimand in 2013. ment against him. In the meantime, that the associate was handling the the Investigative Panel initiated a client’s case, but did not meet with Review Panel grievance against Schatten based the client. Reprimands on a referral from the Committee The associate determined that on the Arbitration of Attorney Fee an evaluation by a reputable inde- Kenneth H. Schatten Disputes. As a result of Schatten’s pendent orthopedic hand specialist Atlanta, Ga. failure to respond to the grievance who was not on the employer’s list Admitted to Bar 1985 in a timely manner, Schatten served of physicians might enhance chanc- On Oct. 20, 2014, the Supreme an interim suspension from January es to recover more compensation. Court accepted the petition for 2012 through August 2012. The orthopedic practice where the voluntary discipline of attorney Although Schatten has two prior client was to be evaluated required Kenneth H. Schatten (State Bar investigative panel reprimands, the advance payment. Ellis’s firm had No. 628813) and ordered that he Court found various mitigating fac- a practice of assisting clients in receive a Review Panel Reprimand. tors. Schatten had been suffering setting appointments for doctors Schatten represented a client in a from severe depression. He began who were not on the employers’ number of matters where she was intensive counseling in February list of physicians and of explaining the victim of domestic abuse. The 2012. He has resumed the practice that if the doctor required payment client did not pay Schatten until of law, but continues counseling on at the time of service, the firm January 2010, when her father paid a weekly basis. Further, Schatten could assist in obtaining financ- for the representation through that worked out a payment plan to reim- ing through one or more lending date. At that time, the client and burse his client and fully paid the companies. If the client agreed to her father also signed a contract of judgment awarded in the fee arbi- obtain the loan, the firm would employment and paid Schatten a tration process. Although Schatten provide the loan agreement to the retainer to represent the client in a initially failed to participate in the client for the client’s signature. It divorce action filed by her in Fulton disciplinary process, he subsequent- was the firm’s custom to have the County and a family violence peti- ly cooperated and has expressed client sign the agreement, but if tion filed by her husband against genuine remorse. Schatten also dem- the client gave authorization to the her in Cherokee County. Later that onstrated his good character and firm to sign the client’s name, the same month, the client decided to reputation in the legal community. firm would do so. seek reconciliation with her husband The associate asked her parale- and dismissed Schatten. Although Perry Dean Ellis gal to explain the financing option the clients had a remaining balance Atlanta, Ga. to the client and to ask for the of $2,727.50, Schatten was unable Admitted to Bar 1990 client’s authorization to sign the to refund the money. The clients On Oct. 20, 2014, the Supreme loan agreement due to the urgency initiated a fee dispute and in May Court accepted the petition for to obtain the physician’s fee prior 2011, the arbitration panel entered voluntary discipline of attorney to the appointment. The paralegal an award of $4,727.50 in favor of Perry Dean Ellis (State Bar No. passed the responsibility to anoth- the clients, but Schatten remained 245836) and ordered that he receive er staff member. The staff member unable to pay. The Superior Court a Review Panel Reprimand. Ellis’s was not familiar with the firm’s of Fulton County entered judgment firm was retained to represent a procedures and without contact- against Schatten in February 2013. client who was seeking workers’ ing the client, completed the appli-

For the most up-to-date information on lawyer discipline, visit the Bar’s website at www.gabar.org/ forthepublic/recent-discipline.

42 Georgia Bar Journal cation for a $1,000 loan, signed the client’s and Ellis’s name on N D L the application, and forwarded it Norwitch Document Laboratory to Global Financial Credit (GFC). Forgeries - Handwriting - Alterations - Typewriting Ellis’s firm received the funds and Ink Exams - Medical Record Examinations - “Xerox” Forgeries forwarded them to the physician. After receiving the physician’s F. Harley Norwitch - Government Examiner, Retired report, the associate negotiat- Court Qualified Scientist - 30+ years. Expert testimony given in ed a settlement with the client’s excess of four hundred times including Federal and Offshore employer for $2,500, but the cli- ent rejected the offer. The associate 1 17026 Hamlin Boulevard, Loxahatchee, Florida 33470 thereafter gave notice to the client www.questioneddocuments.com and the State Board of Workers’ Telephone: (561) 333-7804 Facsimile: (561) 795-3692 Compensation that the firm was withdrawing from representation. The client later settled directly with ent, however, has obtained a judg- within 60 days after the Court’s counsel for his employer for the ment against her and has refused Order and follow its recommenda- amount negotiated by Ellis’s associ- to accept her monthly payments. tions concerning her law practice; ate. After GFC sought to collect its In aggravation of discipline, and (3) that for a period of one loan from the client, the client filed Workman received an Investigative year, her treating psychiatrist or a grievance, alleging that he had not Panel Reprimand in 2003. In miti- therapist will provide quarterly signed nor authorized his signature gation, she asserts that the failure reports to the Bar. on the loan agreement. Ellis paid to communicate with these clients the amount due on the loan. was caused in part by a combi- Reinstatement Ellis offered in mitigation that he nation of physical ailments that Granted is remorseful, that he fully cooper- began in late 2010 and pre-existing ated with the State Bar, that he has emotional issues. Workman claims Marshall C. Watson a good reputation in the legal com- to have received medical treatment Ft. Lauderdale, Fla. munity and in his community, that to address her physical ailments Admitted to Bar 1984 he paid the loan amount, that he and is managing her emotional On Nov. 21, 2014, the Supreme has no prior discipline, that he had issues with the help of a therapist. Court of Georgia determined that no selfish or dishonest motive, and Workman admits that the combi- attorney Marshall C. Watson (State that he has taken steps to avoid nation of ailments not only inter- Bar No. 741737) had complied with similar circumstances in the future. fered with her ability to serve her all of the conditions for reinstate- clients, but depleted her financial ment following his suspension, Mary Jo Workman resources. She also asserts that she and reinstated him to the practice Decatur, Ga. did not have a dishonest or selfish of law in Georgia effective Nov. Admitted to Bar 1979 motive, that she is remorseful and 21, 2014. On Nov. 17, 2014, the Supreme has apologized to her clients, that Court accepted the petition for vol- she has made a timely and good Interim Suspensions untary discipline of attorney Mary faith effort to make restitution, that Under State Bar Disciplinary Jo Workman (State Bar No. 776625) she has made full and free disclo- Rule 4-204.3(d), a lawyer who and ordered that she receive a sure of her physical and emotional receives a Notice of Investigation Review Panel reprimand. In 2011, conditions to the State Bar and and fails to file an adequate four clients retained Workman to Supreme Court, that she has had response with the Investigative represent them in separate legal a productive 35-year career as a Panel may be suspended from the matters, paying her retainers rang- lawyer and that she is a person of practice of law until an adequate ing from $350 to $3,000. Workman character and integrity. response is filed. Since Oct. 17, did not adequately communicate Workman agrees to accept a 2014, two lawyers have been sus- with these clients, causing at least Review Panel reprimand and the pended for violating this Rule and three of them to hire new counsel following conditions: (1) that she one has been reinstated. to handle their matters. Workman execute a promissory note in favor claims that none of these clients’ of each of the four clients for the Connie P. Henry is the legal rights was harmed by her full amount they paid to her and clerk of the State actions, that she apologized to each that she repay those notes pursu- Disciplinary Board and client and that she has begun reim- ant to a payment plan; (2) that can be reached at bursing the fees to each client in she consult with the Law Practice [email protected]. small monthly payments. One cli- Management Section of the Bar

February 2015 43 Law Practice Management

Selecting Practice Management Software in 2015 by Natalie Robinson Kelly

here always seems to be confusion sur-

rounding what product should be used to T keep track of client matters or files in a law office, and whether or not specific solutions exist to manage more than one particular function at a time when processing client work. Following is a discussion of available practice management software along with some popular options for firms based on functional needs and firm size.

While practice management software capabilities have not basically changed, the past several year’s move toward more mobility and integration of appli- cations have expanded how practice managers handle information. To select an appropriate system, one needs to first determine which functions the program will address. Here is the basic list of functions available in most practice management software: Taking a cursory look at these functions, it seems n Matter/Case/File management that any number of general programs might give you n Calendar notification and tickling most of these capabilities. However, legal practice n Task and workflow management management programs operate for the sole purpose n Document management and assembly of organizing legal case files and tracking work for n Contact management the overall practice. This makes these programs dif- n Telephone call management fer from what one would get from attempting to track n Email tracking and management matters in systems like Outlook, Gmail or other general

44 Georgia Bar Journal calendaring or email programs not necessarily designed to naturally keep up with information from a matter-centric viewpoint. Local and Voluntary After determining which func- tions are key for a program, one must then decide whether or not a cloud solution is suitable. Generally, practice management Bar Awards systems are either cloud-based or traditional. Cloud-based programs are accessed exclusively over the Internet, and the traditional sys- tems may come in the form of a disc or download that resides on your local computer system, e.g., local desktop, local office network or personal laptop. Cloud practice management is a reality for law- yers, particularly solo and small firm. The advantages of having practice management capability online is that there is more ready accessibility to client information, and the addition of extranet capa- bility can make for a more reward- ing client experience. While cloud practice managers do not have exactly all of the func- tionality of their software-based counterpart programs, they are robust enough to manage most cli- ent matters adequately from intake to final billing. The monthly fee model used to pay for these sys- tems also provides a simple way to learn how these programs operate without a huge financial invest- ment. The key to making sure these Attention all Local and Voluntary programs work well is maintaining Bars in Georgia, it’s time to ultimate control of your data by having most, if not all, copied into begin preparing your entries to a local backup space or medium. As with cloud storage, cloud prac- be recognized for all your hard tice management vendors should be monitored to ensure their sys- work! The deadline for entry this tems are adequate in terms of security and proper treatment of year is May 8, 2015. legal information. In fact, today’s solutions are now being offered in formats that can be migrated to or “hosted” locally as the traditional Visit www.gabar.org for categories and programs exist. This “hybrid” type entry forms. Or contact Stephanie Wilson at option is also expanded by having programs that work as “add-in” [email protected] or 404-527-8792. or “add-on” applications for sys- tems like Microsoft Outlook. An example of this is Credenza.

February 2015 45 Some of the top web-based prac- Cosmolex n Automatic product updates, tice managers include: www.cosmolex.com upgrades and plug-ins are 30-day free trial sign-up; free demo included free AdvoLogix available; $43/month/user billed n Free registered mail tracking www.advologix.com annually or $50 month-to-month associated with matter Free demo available; prices start from subscription n Free online training webinar $60/monthly/user between 5-49 users; n Mobile access/anywhere acces- tutorials call for 50+ users; Enterprise packages sibility n Free technical support start from $5,500 n Technical support and online n Free mobile app training is included at no addi- LexisNexis Firm Manager n Mobile access/anywhere acces- tional cost www.firmmanager.com sibility n Automatic product updates 30-day free trial sign-up; monthly n Workflow in the cloud n Supported on all major web pricing—$44.99/month/user; addi- n Collaborate integrates with browsers and devices includ- tional user/$29.99/month/user; more than 2,300 applications ing Windows, Mac, tablets and annual pricing—1-day free trial with (e.g. document management, smartphones 20 percent discount off aggregate telephony, Gmail and Outlook, n Live unlimited technical support monthly price for one user, $400/ Accounting and more) within n 4-hour interval backup year/user; additional user /$270 the Salesform.com platform, 44 n Google integration /year/user percent of which are free n Unlimited data storage n Supported by web browsers like: Internet Explorer, Mozilla CaseManagerPro Credenza Firefox, Apple Safari, Google www.lucidiq.com www.credenzasoft.com Chrome Free demo available; prices vary depend- Basic version—free; account sign- n Anywhere accessibility from ing on customization and implementa- up one user; CredenzaPro—between any web-enabled computer or tion of software 1-100+ at $24.95/month/user with smartphone n CaseManager Saas—24/7 local ability to share with other users n Standard technical support at and remote access; Requires n Automatic product updates no additional charge available Windows 7 Pro or better; n Ability to store up to 10 GB of 24/7 access Internet Explorer 8.0, 2 GB data/licensed user n Automatic product upgrades Ram; 5 GB available hard drive n Supports Outlook 2003, 2007, includes at no cost, unlimited n CaseManagerPro Local 2010 (32-bit), 2013 (32-bit) on online storage Installation—Windows Server Windows XP, Windows Vista, n “In-app” editing features 2008; Internet Explorer 8.0 or Windows 7 & 8 without having to download better n Smartphone compatible document n Microsoft SQL 2008 R2 n Free unlimited email technical n Automatic product updates n Additional development, techni- support cal, consulting and training ser- n Free online training tutorials MyCase vices are offered at an hourly rate www.mycaseinc.com n Client data protection on three HoudiniEsq 30-day free trial sign-up; attorneys different servers www.houdiniesq.com $39/month/user; paralegals/staff $29/ n Keep audit trails/transaction logs On-premise licenses: solo practice— month/user free; Practice—between 2-50 seats at n Supported by Internet Explorer Clio $192/year/user or $1,280/10 seats; 9 and above, Google Chrome, www.goclio.com Elite—between 50-2,500 at $192/ Mozilla Firefox, Safari 7-day free trial sign-up; $65/month/ year/user or $7,992/50 seats; Cloud n Mobile access/anywhere acces- user; billed annually or $72 month-to- Licenses: SaaS Practice—between sibility with iPhone, iPad, month/user 2-2500 at $64/month/user Android, PC or Mac n Mobile access/anywhere acces- n Mobile access/anywhere n Unlimited data storage sibility—iPhone, iPad, Android accessibility on any web n Unlimited client accounts and BlackBerry browser n 24/7 access to help resources, n Available on any operating system n Free technical support free phone and online training n Automatic product updates, n Android, Apple, OSX, Windows, programs access to unlimited document Linux operating systems n Online client portal for clients storage, technical support and n Google Docs and Evernote, to view their case, pay bills online training is included at Outlook, Quickbooks, etc., sup- online and communicate with no additional cost ported, share documents with you from your website n Xero integration staff or clients n Automatic product updates

46 Georgia Bar Journal Rocketmatter smart devices. Also, many vendors n Aderant—www.aderant.com; www.rocketmatter.com have developed apps that deliver n Elite—www.elite.com; and 30-day free trial sign-up; monthly— information from the main systems n Legal Files—www.legalfiles.com. $65/user; quarterly—$58.50/user; annu- to users’ tablets and smart devic- al—$55.25/user; two-year-$52/user es. Because of the variety in these There are also several other sys- n Mobile access/anywhere acces- areas, it is imperative that one out- tems, more than 120 to be exact, sibility with iPhone, iPad, lines very clearly what is needed in that classify themselves as practice Android, PC or Mac terms of system integrations and management software programs. n Automatic product updates access. Many of the traditional And there are also some prac- n Secure document sharing por- practice manager products listed tice area-specific case managers, tal for clients and staff below now have cloud or hybrid like Needles, www.needles.com, n Integrates with Google cloud versions. mainly for personal injury firms; Calendar, Evernote, Dropbox, For small to medium-sized law Immigration Professional, www. LawPay, Box and Intuit offices, these are some of the top- immigrantpro.com, for immigra- QuickBooks selling programs: tion practices; or BestCase, www. n Free interactive online training bestcase.com, for bankruptcy n One-on-one training available n Abacus Law— firms. With this number of prod- www.abacuslaw.com; ucts, one simply must do some On the traditional practice man- n Amicus Attorney— homework before shopping! agement software side, the core www.amicusattorney.com; For help with selecting and functionality of programs has not n PracticeMaster— using practice management soft- generally changed, but the ability www.practicemaster.com; and ware in your practice, please con- to “link” these products with other n Time Matters— tact the State Bar’s Law Practice programs for billing and account- www.timematters.com. Management Program for assis- ing systems, and for access on tance at 404-527-8772. mobile devices and smart phones Some of the top options for mid- has made the application develop- sized and larger firms are: Natalie Robinson ment for traditional practice man- Kelly is the director of agers more open to end users. Most n PerfectPractice— the State Bar of programs utilize a link through www.perfectpractice.com; Georgia’s Law Practice Microsoft Outlook as a standard n ProLaw—www.prolaw.com; Management Program business email program for calen- n TrialWorks— and can be reached at dars and contacts to mobile and www.trialworks.com; [email protected].

Hardestwww.gab Working Site ar.orgon the Web.

February 2015 47 Section News

Sections Co-Sponsor SCOTUS Swearing-In

by Derrick W. Stanley

n Monday, Jan. 26, a group of 43 attor-

neys who are licensed to practice in O Georgia were admitted to the Supreme Court of the United States. The Constitutional Law

Section, chaired by Charles L. Ruffin, and the Appellate

Practice Section, chaired by Bryan Tyson, co-sponsored this swearing-in ceremony in Washington, D.C.

The morning started with a 7:15 a.m. gathering in the lobby of the host hotel, the Liaison Capitol Hill DC. After checking in, the eager attorneys and guests boarded buses headed toward the Supreme Court. The drizzling rain was not a deterrent as the group disem- barked for a short walk to the front of the Court. After an organized procession through security, the Georgia attorneys were inside, waiting to be escorted to the East Conference Room, just outside of the Courtroom. While in the conference room, Ruffin, immediate past president of the State Bar and current chair of the Constitutional Law Section, took time to speak with the participants during this exciting occasion while the Clerk of the Court came into the room to provide a run-down of the event, as there were sev- eral groups participating in the ceremony. In addition to our members, there was a large group from the U.S. Supreme Court building. Judge Advocates General Office and the Vermont Law School. Coincidentally, Kimberly Ann Sturm, past After all the groups were seated, each movant read chair of the Environmental Law Section, was being a list of applicants to Chief Justice John Roberts Jr. and sworn in with that group. affirmed that each possessed the necessary qualifications

48 Georgia Bar Journal to be sworn in to the Court. The clerk then read the oath of admission and the session was adjourned. The justices in attendance were: Chief Justice John Roberts Jr., Associate Justice Ruth Bader Ginsburg, Associate Justice Antonin Scalia and Associate Justice Clarence Thomas. The Georgia contingent then returned to the conference room. Shortly thereafter, Justice Thomas came and addressed the group. He took questions from the audience and was very open and candid in his responses. He next greeted each

person in the room individually Photo by Derrick W. Stanley and spent time talking to them and Section leaders getting sworn in to the Supreme Court pose with Charles L. Ruffin, who served as posing for a picture. His generosity movant for the group. (Left to right) Georgia Kay Lord, past chair of the Labor and Employment of time was the icing on the cake for Law section; Cynthia Cooley Smith, past chair of the Appellate Practice Section; Andrew Crain, past chair of the Intellectual Property Law Section; William John Camp, past chair of the Military/ the participants. After each person Veterans Law Section; Charles L. Ruffin; and Darren Summerville, chair-elect of the Appellate had the opportunity to visit with Practice Section. the justice, the group exited the building by way of the gift shop, enabling each an opportunity to seal their day with a memento from the Court. Some participants then returned home, while others braved the snow and ice to see the sights of Washington. All-in-all, this event became a major highlight in the life and careers of 43 Georgia lawyers.

Derrick W. Stanley is the section liaison for the State Bar of

Georgia and can be Photo provided by the Supreme Court of United States reached at derricks@ Members of the State Bar of Georgia in the East Conference Room of the Supreme Court of the gabar.org. United States prior to the swearing-in ceremony.

Markus F. Boenig Nancy Colleen Greenwood Mason Rountree William J. Camp Carolyn Hall Christina Smith Joshua Campbell David Hungeling C. Deen Strickland Carrie Lynn Christie Amy Ihrig Daniel Studstill Hon. Michael C. Clark David V. Johnson Haynesworth M. Studstill Congratulations Jennifer Cooper Jennifer M. Kerby Justin D. Studstill to the following State Norman Andrew Crain Brandee Kowalzyk Julia Sullivan Sarah E. Crossman- Georgia K. Lord Richard W. Summers Bar of Georgia members Sullivan Carl B. McGehee Jr. James Summerville recently sworn-in to the Jeffrey R. Davis Jennifer L. McGehee Michael Wayne Tarleton David S. DeLugas Robert Mulholland John E. Taylor U.S. Supreme Court. Paul Dietrick Tracy Myers Nancy Weiss Sean Michael Ditzel Mark Stephen Robinson Maricia D. Bennekin John David Doverspike Sr. Shana M. Rooks Woodham Joy Cheryl Green-Armstrong Ana Rountree Tingkang Xia

February 2015 49 Member Benefits

Fastcase Helps You Go Paperless Save NOT Print by Sheila Baldwin

oing “paperless” in a law office envi- Bookmarking

ronment makes sense and Fastcase has Make a bookmark of your initial research which might include a list of cases or statutes that have been narrowed advanced options for printing and sav- down for later exploration. Using Control + D on your G keyboard will save your results in your browser book- ing documents to help. The legal profession involves marks or favorites for easy retrieval (see fig. 1.) much reading, writing and research which lends itself Printing/Saving from the Results Page This one is simple, just click on the Print Results to heavy paper usage. Some people are more com- option on the navigation tool bar and save instead of print your file. fortable with the physical presence of paper and feel Printing/Saving a Single Case uncomfortable letting it go in favor of electronic data. Fastcase gives you the ability to save and print clean, professional-looking documents in single- or dual-col- We stack paper on our desktop or file it away in fold- umn format. Click the Print/Save link on your toolbar when in the document view screen. Make your for- ers so we can put our hands on information quickly, matting selections which include highlighting search terms and single or dual column. Choose a file format: we reason. Microsoft Word 2007 and later (DOCX), Microsoft Word (DOC), Adobe Acrobat (PDF) or Microsoft Word Unfortunately, paper brings with it a number of dis- (RTF) (rich text file) and use your customary file folder advantages: the expense of paper, ink and file storage; naming system to store them on your computer. delays associated with finding and filing documents; and various problems with misfiling, versioning and Adding to Print Queue poor organization. Saving documents electronically in The print queue feature allows one to put documents a PDF format adds security ensuring no one can alter, into a queue without printing immediately. To add a copy or print without permission. case to your Print Queue from the results page, click on Since Fastcase is cloud-based, all the information the printer icon to the left of the case. Notice that the within its databases begins in an electronic format and plus sign on the printer changes to a minus sign. You is retrievable from any computer or device when you can add up to a total of 50 documents to your queue. log in to your account. This allows documents to be saved without scanning in an organized fashion and Print/Save from the Queue shared easily. As you research, you will find potential To print, select “View Print Queue” from the “Print” cases, statutes, court rules or other data that you want dropdown menu. You will have an opportunity to to reference later, or maybe decide to discard after fur- review the cases in your print queue. To remove a case ther consideration. There are several techniques you from the queue, click the printer icon and the document can employ to keep these items organized. Also keep will drop off the list. Make your formatting selections in mind that the idea is to avoid printing, so remember just as you would with a single case. Click the Print/ to use the save option rather than print. Save link. Your browser will begin to download the

50 Georgia Bar Journal file onto your computer (see fig. 2) then just save in your client file. 1 Batch Retrieval and Printing/Saving Options

Batch printing allows you to download and print/save up to 500 documents in a separate .zip file which can be saved to a client file to be opened and viewed as individual files. The other option is to save or print in a combined format with up to 50 documents in a single file. This is advantageous in that you can do a key word search though the entire set of cases by using control + F on your keyboard. It may also be easier in that you don’t have to unzip the file (see fig. 3.) 2 Printing/Saving Statutes Printing and saving statutes is a bit different than some of the other content within Fastcase. Choose the Outline View and select your documents by “dropping” them into the print queue as described earlier. Use the one column option. If you choose the combined print option, keep in mind that it will only hold 50 documents at a time. This will probably require break- ing them up into several files. For further help on how to move to a paperless office, log in to the Law Practice Management 3 resource library on the State Bar of Georgia website to view some books that may be helpful or con- tact our department for particular advice on this topic. Fastcase continues to find ways to improve their service which in turn adds value to this important State Bar of Georgia member ben- efit. Please call or contact me at [email protected] or 404-526-8618 with any questions or for help with your research.

Sheila Baldwin is the Fastcase training classes are offered three times a month at the member benefits State Bar of Georgia in Atlanta for Bar members and their staff. coordinator of the State Bar of Georgia Training is available at other locations and in various formats and can be reached at and will be listed on the calendar at www.gabar.org. Please call [email protected]. 404-526-8618 to request onsite classes for local and specialty bar associations.

February 2015 51 Writing Matters

Writing Matters: Judges Use Humor, but Should You? by Karen J. Sneddon and David Hricik

e thought we’d do two things in this

column. First, we want to lighten W up the dark days of winter with some judicial humor, and second, we want to dis- cuss the conventional wisdom on whether it is ever proper, or effective, to use humor in persuasive writ- ing. Hopefully this installment of “Writing Matters” will both make you laugh and become a little bit more deliberate as a writer. Judicial Humor

There are some classic opinions that most attorneys know—such as the one where the judge dismissed Mr. Mayo’s suit against Satan for lack of personal jurisdiction,1 or the one where the judge told the plaintiff to run a string of paper clips down his pant legs to ground, so as to prevent the government from using signals to interfere with his brain.2 The excerpts we share here are a little more obscure. If you want more, there’s a law review article analyzing humor. Be warned: it’s not funny.3 With apologies to William The judge provided a decision-making mechanism: Shakespeare, we think the opinions show that some judges are born funny, some achieve humor and still [T]he Court will fashion a new form of alternative others have humor thrust upon them. dispute resolution, to wit: at 4 p.m. on Friday, June Discovery disputes have often led judges to use 30, 2006, counsel shall convene at a neutral site humor, probably out of exasperation. In one case, the agreeable to both parties. If counsel cannot agree on parties could not agree on where to hold a deposition. a neutral site, they shall meet on the front steps of

52 Georgia Bar Journal the [Courthouse]. Each lawyer style clips. The company forward- The U.S. Court of Appeals for shall be entitled to be accompa- ed the video footage it had filmed, the 11th Circuit faced serious tax nied by one paralegal who shall not bothering to ask what it was and First Amendment issues in its act as an attendant and wit- to be used for. It turned out that case: could the city of Savannah ness. At that time and location, it was for an adult film, “Candy impose a business tax on the speak- counsel shall engage in one (1) the Stripper.” The nonprofit was ing engagements for a talking cat game of ‘rock, paper, scissors.’ not pleased to discover the clip and, if so, did those taxes infringe The winner of this engagement appeared in the adult film and his First Amendment Rights? shall be entitled to select the brought a copyright suit. Judge Blackie was not your typical talking location for the 30(b)(6) depo- Gee could not resist commenting: cat. According to the court, Blackie sition to be held somewhere became (wait for it) “catatonic” in Hillsborough County during Thus, this most delightful of when people who had gathered the period July 11-12, 2006.4 case names: Easter Seal Society to hear him speak did not first for Crippled Children v. Playboy pay money to hear him say, among Humor was clearly thrust upon Enterprises; seriously rivaled, in other things, “I love you.” The court Fifth Circuit Judge Gee and one of our judgment, only by United found the business tax applied and our own Georgia federal judges States v. 11 1/4 Dozen Packages of rejected the First Amendment chal- and then the 11th Circuit. Judge Articles Labeled in Part Mrs. Moffat’s lenge, reasoning in part: Gee was the author of an opinion Shoo Fly Powders for Drunkenness, with odd facts. A company had 40 F. Supp. 208 (W.D.N.Y.1941) This Court will not hear a made a video for a public tele- (condemnation proceeding under claim that Blackie’s right to free vision station containing Mardi Food, Drug and Cosmetic Act), speech has been infringed. First, Gras-style footage to help raise and United States ex rel. Mayo v. although Blackie arguably pos- funds for a nonprofit entity that Satan and his Staff, 54 F.R.D. 282 sesses a very unusual ability, he helped children. After the show (W.D.Pa.1971) (leave to proceed cannot be considered a “person” was aired, another entity asked in forma pauperis denied in view and is therefore not protected by the company that had made the of questions of personal jurisdic- the Bill of Rights. Second, even if film for some generic Mardi Gras tion over defendants).5 Blackie had such a right, we see

Share Ideas! Join a Section Online. Log in to your account at www.gabar.org and ETHICS DILEMMA? select “Join a Section.” Lawyers who would like to discuss an ethics dilemma with a member of the Office of the General Counsel staff should contact the Ethics Helpline at 404-527-8741, 800-682-9806 or log in to www.gabar.org and submit your question by email.

February 2015 53 Trial By Jury: What’s the Big Deal?

“Trial By Jury: What’s the Big Deal?” is an animated presentation for high school civics classes in Georgia to increase court literacy among young people. This presentation was created to be used by high school civics teachers as a tool in fulfilling four specific requirements of the Social Studies Civics and Government performance standards.

This animated presentation reviews the history and importance of trial by jury through a discussion of the Magna Carta, the Star Chamber, the trial of William Penn, the Constitutional Convention in 1787, the Constitution and the Bill of Rights. Also covered in the presentation are how citizens are selected for jury duty, the role of a juror, and the importance of an impartial and diverse jury.

The State Bar of Georgia’s Law-Related Education Program offers several other opportunities for students and teachers to explore the law. Students can participate in Journey Through Justice, a free class tour program at the Bar Center, during which they learn a law lesson and then participate in a mock trial. Teachers can attend free workshops correlated to the Georgia Performance Standards on such topics as the juvenile and criminal justice systems, federal and state courts, and the Bill of Rights. The LRE program also produces the textbook An Introduction to Law in Georgia for use in middle and high school classrooms.

You may view “Trial By Jury: What’s the Big Deal?” at www.gabar.org/ forthepublic/forteachersstudents/lre/ teacherresources. For a free DVD copy, email [email protected] or call 404-527- 8736. For more information on the LRE Program, contact Deborah Craytor at [email protected] or 404-527-8785.

© 2008 by State Bar of Georgia no need for appellants to assert not be funny—not in any context, brain. The judge helpfully advised: Searight could have blocked his right jus tertii. Blackie can nor for one minute. Law, we are 6 the broadcast to the antenna in clearly speak for himself. told “is too serious of a business his brain simply by grounding 10 for humor.” it. See, for example, Ghirardi, Funny opinions are often driven We agree that law is not the right “Modern Radio Servicing,” First by funny facts. Despite the temp- choice for stand-up comedians, but Edition, p. 572, ff. (Radio & tation that exists, commentators do think humor can have a power- Technical Publishing Co., New have uniformly advised judges to ful effect in the right place and in York, 1935). Just as delivery avoid using humor of “any kind in small amounts. The obvious prob- trucks for oil and gasoline a judicial opinion.”7 lem is that lawsuits are—usually— are “grounded” against the Should lawyers use humor about serious matters between liti- accumulation of charges of when, after all, they are writing gants who care passionately about static electricity, so on the same principle Searight might have to persuade judge who, it seems, what they perceive to be rights and pinned to the back of a trouser are warned themselves not to be wrongs. As a consequence, even leg a short chain of paper clips funny? We turn there next. the best humor can appear deni- so that the end would touch the grating and disrespectful. ground and prevent anyone from Lawyers as Comedians? And, of course, many lawyers talking to him inside his brain. Conventional wisdom almost are not that funny. But they don’t 3. Lucas K. Hori, Bons Mots, uniformly counsels against using know it. Buffoonery, and the Bench: The Role humor in persuasive writing. In Even so, a carefully turned of Humor in Judicial Opinions, 60 our more than 30 years of col- phrase or the isolated humor- UCLA L. Rev. Disc. 16. Several lective practice, neither of us ous quip can be effective. websites collect humorous judicial has (intentionally at least) used Nevertheless, even when a punch opinions. Among the best are these: humor. David was once sorely line feels right, “the legal writ- • http://tinyurl.com/q7nbkuh tempted. Faced with a legal argu- er should carefully weigh the (a robust collection at the ment that was below frivolous, advantages and disadvantages of University of Washington he wondered if a judge had ever employing humor, and use it in library, categorized by type!); characterized an argument as “b--- legal documents only with con- and s---.” No one had. But, he found a siderable discretion.”11 • http://tinyurl.com/osv36ll (a decision from the Eighth Circuit “top ten” list). where the judge quoted a criminal Karen J. Sneddon is a See also Thomas E. Baker, defendant who had said, “This is professor of law at A Compendium of Clever and Amusing Law Review Writings, b--- s----.” So, the lead sentence Mercer University of the brief was, “As the Eighth 51 Drake L. Rev. 105 (2002). School of Law. 4. Avista Management v. Wausau Circuit wrote, “this is b--- s---,” Underwriters Ins., 2006 WL and the citation explained that he 1562246 (M.D. Fla. 2006). was quoting Defendant Smith. David Hricik is a 5. Easter Seal Soc’y for Crippled He regrets deleting the sentence. professor at Mercer Children v. Playboy Enter., 815 But doing so was probably the F.2d 323 (5th Cir. 1987). right choice. Humor has very little University School of 6. Miles v. City Council of Augusta, place in legal writing. In fact, the Law who has written Georgia, 710 F.2d 1542 (11th Cir. most charitable thing we could several books and 1983). find about the use of humor in more than a dozen 7. Gerald Lebovits, Judicial Jesting: legal writing was that using it articles. The Legal Writing Program Judicious?, N.Y. St. B.J., Sept. 2003, at 64. 8. Lisa A. Mazzie, Logos, Ethos was “difficult.”8 Most academics at Mercer continues to be and Pathos in Persuasive Writing, who have considered the value of recognized as one of the nation’s (available at http://law.marquette. humor in persuasive writing have top legal writing programs. edu/facultyblog/2014/01/27/ been much harsher. One wrote: logos-ethos-and-pathos-in- “sarcasm, slang, and humor are Endnotes persuasive-writing/). generally disfavored in persua- 1. United States ex rel. Mayo v. 9. Kathryn M. Stanchi, Feminist Legal sive legal writing. Law is generally Satan and his Staff, 54 F.R.D. 282 Writing, 39 San Diego L. Rev. 387, thought (by lawyers and judges) to (W.D.Pa.1971). 395 (2002). be a solemn, formal, and dignified 2. In Searight v. New Jersey, 412 10. Michael D. Murray & Christy H. language, which is demeaned by F. Supp. 413 (D.N.J. 1976), the DeSanctis, Legal Writing and overt rhetorical tricks, humor, and plaintiff believed the State of New Analysis 266 (2009). colloquial expressions.”9 Jersey had injected him with a 11. Mark K. Osbeck, What Is “Good Legal Writing” and Why Does It Others agree, and in terms that radium electric beam that allowed the State to “talk” to him inside his Matter?, 4 Drexel L. Rev. 417, 447 make it clear that our job should (2012).

February 2015 55 Professionalism Page

2014 Convocation on Professionalism: How the Bar Can Help Lawyers Transition Out of Practice with Dignity

by Avarita L. Hanson

he Chief Justice’s Commission on

Professionalism (the Commission) presented T its 2014 Convocation on Professionalism at the historic Carter Presidential Center in Atlanta on

Nov. 12. The topic of the day was “Aging in the Law: It’s

More Than a Senior Moment!” Symbolically, as lawyers reach the autumn of their lives and careers, they are afforded an opportunity to look inward and contem- plate what’s ahead. This convocation provided attend- ees with that opportunity to look inward and anticipate Photos by Don Morgan Photography (Left to right) Moderator Rita Sheffey and panelist Nan E. Hannah participated in the convocation’s opening session. their future with regards to the law and their practice. those issues by assisting lawyers in moving to another The issues of aging lawyers are a hot topic in the law, level or second season of practice, or transitioning out ethics and professionalism. The American population of practice altogether. is absorbing more than 10,000 retiring Baby Boomers As 2011-14 chair of the ABA’s Consortium of (born 1946 to 1964) each day. The impact on the legal Professionalism Initiatives, I advocated at the national profession is huge because it is largely self-regulating level for the ABA Center for Professional Responsibility and the geographic distribution of aging lawyers may (the Center) to make aging lawyer issues its top prior- affect access to justice. State Bar of Georgia members ity in 2013-14. The Center worked with the National include lawyers who have entered the practice of law Organization of Bar Counsel, Association of Professional at different ages and are at different stages in their Responsibility Lawyers and the Conference of Lawyer practices when signs of cognitive impairment may Assistance Programs, as these organizations updated surface. The profession and the State Bar must address their 2007 joint report in 2014.1 It is through that report

56 Georgia Bar Journal that we discovered the fine work of numerous bar associations that are addressing the needs and concerns of aging lawyers. For example, the North Carolina Bar Association, a voluntary bar, is assisting lawyers transitioning out of practice with dignity, not discipline.2 The State Bar of Texas, a mandatory bar, is comprehensively addressing aging lawyer issues.3 With regard to the impact of aging lawyers on access to justice, Chief Justice Thompson said:

Since the beginning of my tenure as the chief justice of the Supreme Court of Georgia, I have been focusing attention on the issues of access to justice. Georgia is challenged by the unequal dis- tribution of lawyers in the five metro-Atlanta counties versus the other 154 Georgia counties. (Left to right) Hon. Stephanie B. Manis, Curtis L. Mack, Nicole G. Iannarone, A. Paul Cadenhead, Hon. Brenda S. Hill Cole and Steven Hobbs. As we look at lawyers aging out of practice, it is important to look at where they practice and how legal representation can be pro- vided to Georgians throughout the state.

With the assistance of the Commission’s Task Force, the convocation was presented in col- laboration with Emory University, the Institute of Continuing Legal Education in Georgia and the Institute of Continuing Judicial Education in Georgia and was designed to: 1) educate the bench, bar, family members and staff on the many issues of aging lawyers; 2) encourage collaboration to pro- vide outreach, support, interven- tion services and bar resources; (Left to right) John T. Marshall, Harriet Shaffer and Charles M. Shaffer Jr. participate in the and 3) provide options to protect lunch program. clients and the public, in addi- tion to the disciplinary process, for addressing lawyers who need 2014 Convocation Task Force Members to leave active practice. The intent Avarita L. Hanson, co-chair Jacquelyn Mitchell was to facilitate the creation of a Nicole G. Iannarone, co-chair Jenny Mittelman comprehensive action plan for the Jeffrey R. Davis Monica L. Parker, M.D. more than 40,000 members of the Gerald M. Edenfield Rita A. Sheffey State Bar of Georgia to gracefully Sharri Edenfield Darrell L. Sutton and competently transition out of law practice. Jenny E. Jensen Hon. Pinkie Toomer The convocation’s opening ses- John T. Marshall sion looked at the challenges and

February 2015 57 “And Justice for All” State Bar Campaign for the Georgia Legal Services Program, Inc. You Can Change a Life! Give Today at www.glsp.org (Click on Donate Now)

Tommy is a middle school student whose mother signed a guardianship agreement to permit her mother, Ms. Davis, to care for Tommy. Tommy is autistic and needs daily special care. Tommy’s mother works 12-hour shifts, which does not permit her to take Tommy to school. The guardianship agreement had not been finalized when Ms. Davis took Tommy to school, because Tommy’s father was not present to sign a consent form and had to be notified by publication of the guardianship. Ms. Davis attempted to enroll Tommy in the middle school in her neighborhood, but the school refused to accept the paperwork she provided as proof that Tommy lived with her. Georgia law supports family members who are taking care of children who are not their own by requiring schools to enroll children living in the school district even if guardianship has not been established. Tommy mentioned to a school counselor that he sometimes visited his siblings in a neighboring county. Tommy’s comments led the school counselor to bring up questions with school officials about Tommy’s living arrangements, which resulted in school officials blocking Tommy’s school enrollment. Ms. Davis contacted GLSP for legal assistance. A GLSP lawyer obtained signed affidavits from Ms. Davis and her daughter, showing that Tommy was living with his grandmother with his mother’s consent. The GLSP attorney forwarded the affidavits to the school superintendent along with a letter stating that legal action could be taken if Tommy was not enrolled in school immediately. The attorney followed up with the school district and received assurance that Tommy would be allowed to attend school. When Ms. Davis tried to take Tommy to school the next morning however, she was turned away again. The GLSP attorney went to Under Georgia Law, every child has the right to attend school. the school with Tommy and his grandmother the next morning Unless children are homeless or have homeless parents, they and made sure Tommy was admitted and that everything went must attend the school in the neighborhood where they live and smoothly. The attorney followed up again three months later to be immediately enrolled in the school where they are located. make sure Tommy was still in school and doing well.

State Bar of Georgia Georgia Legal Services Program ® Thank you for your generosity and support.

The Georgia Legal Services Program (GLSP) is a 501(c)(3) nonprofit law firm. Gifts to GLSP are tax-deductible to the fullest extent allowed by law. The photograph and name do not necessarily represent the actual client. Panelist Dr. Allan Levey prepares to speak on the issues of cognitive Dr. James J. Lah speaks to Convocation participants on the causes and competence. prevention of cognitive decline. opportunities in transitioning out of The midmorning session provid- Leader of the NIH-funded Emory law practice with grace and dignity. ed expert information and covered Alzheimer Research Center. Panelists provided an overview of the issues of cognitive competence. State Bar President Patrise M. the challenges and opportunities for For lawyers, aging is not just a con- Perkins-Hooker addressed the the Bar to address issues of aging cern of remaining relevant; being attendees at the beginning of the lawyers, including access to justice competent to practice law is required. lunch program, commenting on the and upward mentoring. The panel Three medical experts from Emory importance of the topic to the mem- was moderated by Rita A. Sheffey, University School of Medicine were bers of the Bar and the public. The treasurer, State Bar of Georgia, and recruited to answer the questions: program “A Conversation Between included: Nan E. Hannah, past chair, What is cognitive decline and how Friends: To Be or Not to Be an North Carolina Bar Association, is it identified? How can cognitive Active Senior Lawyer,” included Transitioning Lawyers Commission; decline be professionally and self- senior attorneys who gave personal Terry Tottenham, chair, Aging assessed? Monica L. Parker, M.D., accounts of how and when a lawyer Lawyers Issues Task Force, State Bar assistant professor of medicine, not decides to remain actively practic- of Texas, Fulbright & Jaworski LLP; only moderated this panel but as a ing or transition out of practice. Gerald M. Edenfield, State Bar past physician dealing exclusively with Moderated by Hon. Brenda Hill president, Edenfield, Cox, Bruce & elderly patients, added important Cole, retired senior judge, State Classens P.C.; and Sharri Edenfield, information to address the assess- Court of Fulton County, media- YLD president, Edenfield, Cox, ment of cognitive competence. tor, JAMS, the program began Bruce & Classens P.C. Two nationally acclaimed medi- with a conversation between John Tottenham and Hannah brought cal experts gave presentations on T. Marshall, retired, Bryan Cave a wealth of information from bar the causes and prevention of cog- LLP, and friends Charles Shaffer Jr., associations—mandatory and vol- nitive decline and its assessment: retired, King & Spalding, and wife, untary—which have approached Allan Levey, M.D., Ph.D., profes- Harriet. Shaffer shared his experi- these issues in different ways and sor and chair of the Department of ences of being diagnosed with mild have set programs in place for their Neurology and director of Emory’s cognitive impairment and his tran- members. Attendees were also able Alzheimer’s Disease Research sition out of law practice. A panel to hear the thoughts and views Center; and James J. Lah, M.D., of senior lawyers engaged in a vari- of Gerald and Sharri Edenfield, a Ph.D., associate professor of neurol- ety of legal endeavors, followed father and daughter team who prac- ogy, director of Emory’s Cognitive and included: A. Paul Cadenhead, tice together in rural Georgia and Neurology Program and vice chair retired, Fellow LaBriola LLP; Hon. are both leaders in the State Bar. of Neurology and Clinical Core Stephanie B. Manis, senior judge,

February 2015 59 T Fulton County Superior Court; The convocation concluded with Commission at professionalism@ urn to smarter tools for legal research. and Curtis L. Mack, retired, an interactive session moderated cjcpga.org or 404-225-5040. McGuire Woods. by Steven Hobbs, University of In his 1998 book “The Virtues The first afternoon session looked Alabama School of Law, and Nicole of Aging,” President at transitioning out of practice: plan- Iannarone, that engaged the audi- wrote: “The simple things—our ning, practice alternatives, inter- ence in providing input for the Bar own happiness, peace, joy, satisfac- vention and support. The panel- to develop an action plan to assist tion, and the exploration of love ists looked at options for succession aging lawyers in continuing to prac- in all its forms—are the key to the planning, second seasons of practice, tice or transition out of practice virtues of life, at any age. You are business planning, intervention and and for all lawyers in planning for old when regrets take the place of support for lawyers, judges, staff succession or winding down a prac- dreams.” So let’s keep our dreams and family members. Moderated by tice if necessary. Using audience alive and, as I always say, ulti- Michael L. Monahan, director, State response technology, this question mately, what counts is not what we Visualize search results to Bar of Georgia Pro Bono Project, and answer session garnered useful do for a living; it’s what we do for see the best results the panel included: Nan E. Hannah; feedback from participants regard- the living. Only Fastcase features an interactive map of Jenny E. Jensen, The Jensen Firm; ing future directions for the bench, Avarita L. Hanson is search results, so you can see the most Darrell L. Sutton, YLD immediate bar and others to address issues of important cases at a glance. Long lists of the executive director past president, Sutton Law Group, aging lawyers. text search results (even when sorted well), LLC; and Terry Tottenham. The responses to the convocation of the Chief Justice’s only show one ranking at a time. Sorting the While lawyers of all ages may aptly summarize its positive initial Commission on most relevant case to the top might sort the err in representing clients, aging impact. All agreed that there was an Professionalism and most cited case to the bottom. Sorting the lawyers may make errors due to a excellent array of speakers through- can be reached at most cited case to the top might sort the variety of reasons, including cogni- out the day. Others said that the [email protected]. ® most recent case to the bottom. tive incompetence. The next ses- program was: “Exceptionally well Fastcase’s patent-pending Interactive sion reviewed hypothetical disci- done! Bravo! A much needed and Endnotes Timeline view shows all of the search results plinary situations involving aging well-executed program.” “This was 1. NOBC-APRL-CoLAP Second Joint on a single map, illustrating how the results attorneys and judges, as well as an excellent and very timely semi- Committee on Aging Lawyers, occur over time, how relevant each case is options for discipline, diversion and nar.” “Brings a sensitive topic out Final Report (April 2014). Smarter by association.based on your search terms, how many intervention. Moderated by Paula of the closet.” 2. Nan Hannah, Transitioning Lawyers Log in at www.gabar.org times each case has been “cited generally” Frederick, general counsel, State As for the future, clearly there is Commission: A Year in Review (July by all other cases, and how many times 26, 2013): http://www.ncbar. Bar of Georgia, the panel used sev- work to be done. The Commission each case has been cited only by the org/about/communications/ eral scenarios to discuss the merits will reconvene its Task Force and super-relevant cases within the search result news/2013-news-articles/tlc-a- (“cited within” search results). The visual and options for discipline. Panelists forge relationships with the State year-in-review. map provides volumes more information included: Jeffrey R. Davis, execu- Bar and other entities to find the 3. State Bar of Texas, State Bar Board than any list of search results – you have to tive director, State Bar of Georgia; resources and facilitate programs Report, Task Force on Aging Lawyers see it to believe it! Nicole G. Iannarone, clinical pro- to support lawyers and judges Issues, Texas Bar Journal 464 (June fessor, Georgia State University who wish to find a second sea- 2014): http://www.texasbar.com/ College of Law; Johannes S. son of practice and transition out AM/Template.cfm?Section= Kingma, Carlock & Copeland, LLP; of practice with dignity. If you Past_Issues&Template=/ and Jenny Mittelman, deputy gen- are interested in assisting with CM/ContentDisplay. eral counsel, State Bar of Georgia. this effort, please contact the cfm&ContentID=26106.

Co-Sponsors Partners Emory University The ICLE—Steve Harper, Doug Don Morgan Photography THANK Ashworth, Tangela King State Bar Communications and Brian Davis Department ICJE—Richard Reaves Proof of the Pudding Task Force on Aging in the Law The Commerce Club YOU State Bar Committee American Bar Association Center on Professionalism for Professional Responsibility LTN Free to members of the State Bar of Georgia. Sponsors #1 2010 Customer We would also like to thank Chief Justice Thompson and the Satisfaction Survey and Partners Commission members for their input, attendance and support, as well Members of the State Bar of Georgia now have access to Fastcase for free. as Belinda Saulsberry for serving as the coordinator. Unlimited search using Fastcase’s smarter legal research tools, unlimited printing, and unlimited reference support, all free to active members of the State Bar of Georgia. Log in at www.gabar.org and click the Fastcase logo. And don’t forget that Fastcase’s 60 Georgia Bar Journal free apps for iPhone, Android and iPad connect to your bar account automatically by Mobile Sync. All free as a bene t of membership in the State Bar of Georgia. T urn to smarter tools for legal research.

Visualize search results to see the best results

Only Fastcase features an interactive map of search results, so you can see the most important cases at a glance. Long lists of text search results (even when sorted well), only show one ranking at a time. Sorting the most relevant case to the top might sort the most cited case to the bottom. Sorting the most cited case to the top might sort the ® most recent case to the bottom.

Fastcase’s patent-pending Interactive Timeline view shows all of the search results on a single map, illustrating how the results occur over time, how relevant each case is Smarter by association.based on your search terms, how many Log in at www.gabar.org times each case has been “cited generally” by all other cases, and how many times each case has been cited only by the super-relevant cases within the search result (“cited within” search results). The visual map provides volumes more information than any list of search results – you have to see it to believe it!

LTN Free to members of the State Bar of Georgia. #1 2010 Customer Satisfaction Survey Members of the State Bar of Georgia now have access to Fastcase for free. Unlimited search using Fastcase’s smarter legal research tools, unlimited printing, and unlimited reference support, all free to active members of the State Bar of Georgia. Log in at www.gabar.org and click the Fastcase logo. And don’t forget that Fastcase’s free apps for iPhone, Android and iPad connect to your bar account automatically by Mobile Sync. All free as a bene t of membership in the State Bar of Georgia. In Memoriam

n Memoriam honors those members of the State Bar of Georgia who have passed away. As we reflect upon the memory of these members, we are mindful of the contributions they I made to the Bar. Each generation of lawyers is indebted to the one that precedes it. Each of us is the recipient of the benefits of the learning, dedication, zeal and standard of professional responsibility that those who have gone before us have contributed to the practice of law. We are saddened that they are no longer in our midst, but privileged to have known them and to have shared their friendship over the years.

Orin Luvoid Alexis Joseph Phillip Carver Robert E. Firester Thunderbolt, Ga. Atlanta, Ga. Marietta, Ga. Howard University School of Law Duke University School of Law Maurice A. Deane School of Law (1971) (1982) (1991) Admitted 1973 Admitted 1987 Admitted 1993 Died December 2014 Died December 2014 Died October 2014

Gerald W. Bassett George B. Culpepper III Larry P. Jones Savannah, Ga. Macon, Ga. Newnan, Ga. Washington University School Mercer University Walter F. Emory University School of Law of Law (1987) George School of Law (1963) Admitted 2000 Admitted 1946 Admitted 1964 Died November 2014 Died November 2014 Died December 2014

L. Travis Brannon Jr. Guy Edward Davis Jr. William L. Kinzer Atlanta, Ga. Atlanta, Ga. Woodstock, Ga. Emory University School of Law Emory University School of Law Temple University Beasley School (1952) (1972) of Law (1956) Admitted 1952 Admitted 1973 Admitted 1962 Died December 2014 Died December 2014 Died December 2014

Richard J. Buttimer Esther R. DeCambra Andrew Duncan Lee Milledgeville, Ga. Savannah, Ga. Brunswick, Ga. University of Georgia School Vanderbilt University Law School University of Georgia School of Law (1966) (2000) of Law (2003) Admitted 1966 Admitted 2000 Admitted 2006 Died December 2014 Died March 2014 Died November 2014

Johnnie L. Caldwell Sr. W. Lyman Dillon Harold L. Marquis Thomaston, Ga. Ponte Vedra Beach, Fla. Atlanta, Ga. Woodrow Wilson College of Law Duke University School of Law University of Iowa College of Law (1952) (1967) (1960) Admitted 1952 Admitted 1971 Admitted 1972 Died December 2014 Died November 2014 Died December 2014

62 Georgia Bar Journal Wesley M. Mathews Jr. Atlanta, Ga. Kirk McAlpin: The Catholic University of America (1952) Attorney, Visionary and Mentor Admitted 1953 by R. William “Bill” Ide Died November 2014 Kirk McAlpin loved the law and the law loved Kirk M. McAlpin him. His passion, high energy, wit, strong intellect, Atlanta, Ga. creativity and iron dedication to justice provided University of Georgia School great successes for his clients which ranged of Law (1949) from Fortune 100 companies to the indigent and Admitted 1949 unpopular. He applied those same attributes Died November 2014 to the legal profession, serving as president of the Younger Lawyers Section of the State Bar Charles Ruckel Perry of Georgia and the American Bar Association; Cumming, Ga. as a long standing member of the American Bar Duke University School of Law Association House of Delegates; and ultimately (1980) as president of the State Bar of Georgia. He Admitted 1980 absolutely loved being with lawyers and judges who found his humor Died November 2014 and positive attitude to be infectious. That served his clients exceedingly well, but also the profession. His vision and creativity produced Ashley Taylor Price concepts others might not yet see, but Kirk was rarely to be denied. Atlanta, Ga. Creation of a well-funded American Bar Association Young Lawyers Mississippi College School of Law resulted from a study Kirk convinced the ABA to undertake. Kirk was (1996) Admitted 2000 involved with the creation of Georgia’s unified bar and lead the creation Died August 2014 of its General Practice Section. Kirk was an outstanding litigator from the 1950s as a practitioner in Carl E. Sanders Savannah, through the ’60s, ’70s and ’80s in Atlanta, and then as a solo Atlanta, Ga. practitioner in Savannah and Atlanta. By the early ’60s, Kirk had left the University of Georgia School Bouhan firm in Savannah to join King & Spalding in Atlanta. He lead its of Law (1948) litigation practice for many years while mentoring many in his practice Admitted 1947 and in Bar work. He attracted followers who felt working with Kirk Died November 2014 was about something fun, exciting and meaningful. His courageous commitment to fairness was striking. For example, an Atlanta Legal Aid Joe B. Sartain Jr. lawyer was sued individually in a counterclaim as a pressuring tactic. Kirk Gainesville, Ga. organized a defense team of 20 leading Atlanta lawyers who all signed Georgia State University College the pleadings and the claim was dropped. When a young lawyer came of Law (1958) to Kirk for advice in defending against a default judgment, the hallmark Admitted 1957 McAlpin question was raised, “What is the fair outcome under the Died November 2014 facts?” Ultimately the case was won in the Supreme Court of Georgia under the estoppel doctrine. One of Kirk’s hallmark advices to young Kathryn R. Murray Sarzen Atlanta, Ga. lawyers was “You always have to be willing to walk away from clients or Mercer University Walter F. employers who would have you do the wrong thing.” George School of Law (1986) Kirk’s spirit of fierce independence for the greater good was Admitted 1986 demonstrated by his leaving high school, lying about his age and serving Died November 2014 in the Army during World War II, rising to the rank of master sergeant. That determination never ceased including his final years when he would Quintus W. Sibley provide counsel to others on resolving legal matters. We take so much Highlands, N.C. for granted about our justice system, where in truth there are forces University of Georgia School every day seeking to abuse the system for personal gain. Kirk McAlpin of Law (1981) was one of those wonderful lawyers who dedicated their careers to Admitted 1981 putting the greater good first and his legacy serves us well. Died November 2014 I, like so many lawyers, became a better lawyer having been mentored by our dear friend Kirk McAlpin.

February 2015 63 GET PUBLISHED

EARN CLE CREDIT The Editorial Board of the Georgia Bar Journal is in regular need of scholarly legal articles to print in the Journal. Earn CLE credit, see your name in print and help the legal community by submitting an article today!*

Submit articles to Sarah I. Coole, Director of Communications, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 or [email protected]. If you have additional questions, you may call 404-527-8791.

*Not all submitted articles are deemed appropriate for the Journal. The Editorial Board will review all submissions and decide on publication. John Edward Waters law in Fort Valley. He practiced 20 and two years later he advanced Lawrenceville, Ga. years before being appointed to the to the State Senate, where he was Woodrow Wilson College of Law office of judge of Superior Court, elected President Pro Tempore. (1982) Macon Judicial Circuit, in 1967. He In 1962, Sanders ran for gover- Admitted 1994 served as an active superior court nor, and in a hard-fought cam- Died December 2014 judge until becoming senior judge paign, defeated former governor on Jan. 1, 1983. Marvin Griffin. Sanders’ victory David Kiser Whatley Culpepper was a lifelong mem- over Griffin marked a turning Sky Valley, Ga. ber of Fort Valley United Methodist point in Georgia’s political history. University of Georgia School Church, where he taught Sunday Following the demise of the county of Law (1974) School, sang in the choir and unit system, Sanders was the first Admitted 1974 served on almost every committee Georgia governor chosen by popu- Died November 2014 and board over the years. He was lar vote, the first from an urban a former member of the Exchange area to be elected since 1916, and, Hoyt H. Whelchel Jr. Club of Macon, and the Fort Valley at age 37, the youngest governor in Moultrie, Ga. and Golden K Kiwanis Clubs. He is the country. University of Georgia School survived by his wife, Alice Wright Sanders made education the of Law (1950) Culpepper; four children: Bryant first priority of his administra- Admitted 1950 Culpepper and his wife, Donna, of tion and directed nearly 60 cents Died December 2014 Fort Valley; Lewis C. Culpepper of every tax dollar into educa- and his wife, Maelu, of Albany; tion. His administration added Watson Lawrence White Rev. Wright Culpepper and his 10,000 new teachers, established Marietta, Ga. wife, Ann, of St. Simons; and a Master Plan for Education and University of Georgia School Michele Meyer and her husband, set minimum standards for public of Law (1950) Reid, of Newnan; 12 grandchildren schools. In addition, he began the Admitted 1950 and eight great-grandchildren. Governor’s Honors program for Died December 2014 exceptional students, developed Carl E. Sanders, for- an extensive educational televi- George B. Culpepper mer governor of sion network, encouraged school III, retired superior Georgia and chairman consolidation and greatly expand- court judge, died emeritus of Troutman ed vocational training. November 2014. Sanders LLP, died Sanders was a member of the Culpepper was born on November 2014. He Augusta National Golf Club, Dec. 26, 1920, in Fort served from 1963 until 1967 as Peachtree Golf Club and Piedmont Valley, Ga., to George B. Culpepper Georgia’s 74th governor. Born in Driving Club, was inducted into Jr. and Mary Adams Culpepper. He Augusta on May 15, 1925, Sanders the Georgia Aviation Hall of Fame attended Fort Valley High School excelled in athletics at the in 1997 and served on the Atlanta and Mars Hill College before attend- Academy of Richmond County, Committee for the Olympics. He ing Mercer University School of where he later was named to the was extremely active in the YMCA, Law, graduating in 1943. While at school’s Hall of Fame. After grad- and served many years as member Mercer, Culpepper met his future uation, he attended the University of the board of directors of the wife, the former Alice Wright. He of Georgia on a football scholar- YMCA of Metropolitan Atlanta. also served as president of the stu- ship. World War II interrupted his Sanders was also a long time dent body and was a member of studies, and he enlisted in the member of Second Ponce de Leon Kappa Alpha Fraternity. Army Air Corps in 1943. At age 19 Baptist Church. On the same day that Culpepper he was commissioned to pilot B-17 Sanders is survived by his wife of completed law school, he enlisted heavy bombers. After the war, he 67 years; daughter, Betty Botts; son, in the U.S. Navy. He later attend- completed his degree and entered Carl Jr.; and five grandchildren. ed Officer Candidate School at the University of Georgia School Columbia University and served of Law. In 1947, he received his as a Navy lieutenant during World LL.B. degree, was admitted to the War II where he served primar- bar and married Betty Bird Foy The State Bar of Georgia ily in the South Pacific. Culpepper from Statesboro. They settled in Handbook is available remained in the U.S. Navy Reserve Augusta, where their children online at www.gabar.org/ following the war and retired as a were born. lieutenant commander. Sanders’ political career began barrules/. Following the war, Culpepper in 1954 when he was elected to the joined his father in the practice of Georgia House of Representatives,

February 2015 65 CLE Calendar

February-April FEB 11 ICLE FEB 13 ICLE Business, Law and Ethics Georgia Insurance Claims Law Atlanta, Ga. Savannah, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

FEB 11 ICLE FEB 18 ICLE Special Needs Trusts Lawyer Assistance Program Seminar Atlanta, Ga. Atlanta, Savannah and Tifton, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

FEB 12 ICLE FEB 19 ICLE Advanced Debt Collection General Practice for New Lawyers Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

FEB 12 ICLE FEB 19-20 ICLE Landlord and Tenant Social Security Institute Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 10.5 CLE

FEB 12-14 ICLE FEB 20 ICLE Tropical Seminar Georgia Appellate Practice Cancun, Mexico Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 12 CLE 6 CLE

FEB 12 ICLE FEB 20 ICLE Residential Real Estate Elder Law Statewide Rebroadcast Statewide Broadcast See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

FEB 13 ICLE FEB 20-21 American & Immigration Lawyers Basic Securities Law Association (Georgia-Alabama Chapter) Atlanta, Ga. 3rd Annual Immigration Law Conference See www.iclega.org for location – A Brave New World 6 CLE Atlanta, Ga. See www.ga-al.com to register FEB 13 ICLE 14 CLE/1 ethics/1 professionalism Solo Small Firm Boot Camp Atlanta, Savannah and Tifton, Ga. See www.iclega.org for location 6 CLE

Note: To verify a course that you do not see listed, please call the CLE Department at 404-527-8710. Also, ICLE seminars only list total CLE hours. For a breakdown, call 800-422-0893.

66 Georgia Bar Journal CLE Calendar

FEB 23 ICLE FEB 27 ICLE Beginning Lawyer Program Plaintiff’s Personal Injury Atlanta, Savannah and Tifton, Ga. Statewide Broadcast See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

FEB 25 ICLE FEB 27 ICLE Product Liability Seminar 22nd Annual Criminal Practice Seminar Atlanta, Ga. Kennesaw, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

FEB 25 ICLE MAR 4 ICLE Advanced Topics in Franchising Nuts & Bolts of Local Government Law and Distribution Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 3 CLE MAR 4 ICLE FEB 26 ICLE Persuasive Presentation Negotiated Corporate Acquisitions and Storytelling Skills Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

FEB 26 ICLE MAR 5 ICLE Eminent Domain Law Handling Fall Cases Professionally Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

FEB 26 ICLE MAR 5 ICLE Elder Law Plaintiff’s Personal Injury Statewide Rebroadcast Statewide Rebroadcast See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

FEB 27 ICLE MAR 6 ICLE Georgia Insurance Claims Law Catastrophic Commercial Vehicle Cases Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

FEB 27 ICLE MAR 6 ICLE Bar Media and Judiciary Conference Professionalism and Ethics Update Atlanta, Ga. Statewide Broadcast See www.iclega.org for location See www.iclega.org for location 6 CLE 2 CLE

February 2015 67 CLE Calendar

February-April MAR 10 ICLE MAR 13 ICLE March Group Mentoring Fundamentals of Health Care Atlanta, Savannah and Tifton, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location No CLE 7 CLE

MAR 11 ICLE MAR 13 ICLE Leadership Literacy/Negotiation Trial and Error Atlanta, Ga. Statewide Broadcast See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

MAR 12 ICLE MAR 18 ICLE Nonprofit Law Seminar Not Your Typical Malpractice Seminar Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

MAR 12 ICLE MAR 18 ICLE Proving Damages Georgia’s False Claim Act/Whistleblower Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6.5 CLE

MAR 12 ICLE MAR 19 ICLE Professionalism and Ethics Update 4th Annual Same Sex Legal Issues Statewide Rebroadcast Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 2 CLE 6 CLE

MAR 12-14 ICLE MAR 19 ICLE 14th Annual General Practice Workers’ Comp for the General & Trial Institute Practitioner St. Simons Island, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 12 CLE 6 CLE

MAR 13 ICLE MAR 19 ICLE Milich on Evidence Trial and Error Atlanta, Ga. Statewide Rebroadcast See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

Note: To verify a course that you do not see listed, please call the CLE Department at 404-527-8710. Also, ICLE seminars only list total CLE hours. For a breakdown, call 800-422-0893.

68 Georgia Bar Journal CLE Calendar

MAR 20 ICLE MAR 26 ICLE Employee Benefits Law Section Seminar Trials of the Century Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

MAR 20 ICLE MAR 26 ICLE Winning Settlement Strategies Professional and Ethical Dilemmas Atlanta, Ga. in Litigation See www.iclega.org for location Atlanta, Savannah and Tifton, Ga. 6 CLE See www.iclega.org for location 6 CLE MAR 20 ICLE Jury Trial MAR 27 ICLE Statewide Rebroadcast Mediation Advocacy See www.iclega.org for location Atlanta, Ga. 6 CLE See www.iclega.org for location 6 CLE MAR 21 ICLE Georgia Law Update MAR 27 ICLE Columbus, Ga. Basic Fiduciary Practice See www.iclega.org for location Atlanta, Ga. 6 CLE See www.iclega.org for location 6 CLE MAR 24 ICLE Beginning Lawyers Program MAR 27 ICLE Statewide Rebroadcast Recent Developments in Georgia Law See www.iclega.org for location Statewide Rebroadcast 6 CLE See www.iclega.org for location 6 CLE MAR 25 ICLE Georgia Law of Torts MAR 27 ICLE Atlanta, Ga. Walton County Bar Association Seminar See www.iclega.org for location Monroe, Ga. 6 CLE See www.iclega.org for location 6 CLE MAR 25 ICLE Family and Trial Law Convocation MAR 30 ICLE on Professionalism Magna Carta Symposium Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 3 CLE 6 CLE

February 2015 69 CLE Calendar

February-April MAR 30 ICLE Internet Legal Research APR 23 ICLE Statewide Rebroadcast Building Professional Presence See www.iclega.org for location Atlanta, Ga. 6 CLE See www.iclega.org for location 6 CLE MAR 31 ICLE Advanced Cross Examination APR 23 ICLE Atlanta, Ga. New Tax Laws See www.iclega.org for location Atlanta, Savannah and Tifton, Ga. 6 CLE See www.iclega.org for location 6 CLE MAR 31 ICLE Post Judgment Collection APR 24 ICLE Atlanta, Ga. Construction Law for the General See www.iclega.org for location Practitioner 6 CLE Atlanta, Ga. See www.iclega.org for location MAR 31 ICLE 6 CLE Trial Advocacy Statewide Rebroadcast APR 24 ICLE See www.iclega.org for location Solo Small Firm Spring Seminar 6 CLE Atlanta, Ga. See www.iclega.org for location MAR 31 ICLE 6 CLE Proving Damages Atlanta, Ga. APR 24 ICLE See www.iclega.org for location Sports Law Seminar 6 CLE Atlanta, Ga. See www.iclega.org for location APR 10 ICLE 3 CLE Child Welfare Attorney Training Atlanta, Savannah and Tifton, Ga. See www.iclega.org for location 7 CLE

Note: To verify a course that you do not see listed, please call the CLE Department at 404-527-8710. Also, ICLE seminars only list total CLE hours. For a breakdown, call 800-422-0893.

70 Georgia Bar Journal Classified Resources

Property/Rentals/Office Space transactions and litigation in state and federal SANDY SPRINGS COMMERCE BUILDING, 333 courts. Contact E. David Smith, Esq., 570 Lexington Sandy Springs Cir. NE, Atlanta, GA 30328. Contact Ron Ave., 23rd Floor, New York, NY 10022; 212-661-7010; Winston—(w) 404-256-3871; (email) [email protected]; [email protected]. Full service, high-quality tenants (including many small law practices), great location, well-maintained. Misc. Position Wanted small office suites available; Rental and term negotiable. Personal Injury Attorney—Well-established, success- ful Atlanta plaintiff’s firm seeking personal injury OFFICE SPACE—Class A office space for one or attorney. Excellent financial opportunity. Collegial, two attorneys, window offices with two other law- professional environment. Great support. Send resume yers in Park Central building, 2970 Clairmont Road, to: GBJ at [email protected]. near I-85. Includes conference room, phone/internet, copy/fax/scan, secretarial space, $1,000 to $1,300 per PI & Criminal—Trial and Pre-Litigation Attorneys month. Call Salu Kunnatha at 404-633-4200 or email: (Jacksonville, FL) Law Firm of Military Veterans is [email protected]. seeking veterans for their growing law firm. In addi- tion to criminal defense attorney, seeking PI Jr. associ- Prime Buckhead Peachtree Offices for Rent—Brand ates (0-3 years’ experience and recent grads), and an new, award-winning, high tech Class A offices on glass experienced PI trial attorney with actual first or sec- in new Peachtree Tower. Client wow factor Peachtree ond chair experience through verdict. Please include views. Concierge service, valet parking, three restau- detailed information regarding ex. Salary commen- rants, across from Phipps Plaza. Support staff. Share surate with experience. Please send cover letter and with other former big firm lawyers. Referral work resume with references to [email protected]. opportunities. Contact: [email protected]. Florida workers’ compensation insurance defense ANTIQUE OFFICE FURNITURE (the ultimate firm with Atlanta office seeking associate with 1-3 recycle!) Did you make partner, need to redeco- years experience to join our GA practice. Excellent rate or just want some fine old oak office furni- opportunity for a motivated self-starter; must be able ture? This may be just what you are looking for. to handle your own caseload. Excellent benefit pack- I have closed my law office, and am selling the age. Please submit resume, cover letter and salary English and Scottish office furniture I have enjoyed requirements to [email protected]. for forty years. Includes the following: Scottish part- ners desk, large quarter sawn oak English bookcase, Finance/Banking/Regulatory Compliance—Location: double gate leg table, English fire bucket lamp, and Louisville, KY—SEMINAR SPEAKER—Major finan- more. Please see all of it at elegantofficefurniture.net. cial services consulting and educational company has opportunity for an individual with banking and/or Practice Assistance financial regulatory background and experience for its Handwriting Expert/Forensic Document Examiner. Education Division. Candidate should have a degree Certified by the American Board of Forensic Document with 5-10 years banking or regulatory experience and Examiners. Former Chief, Questioned Documents, U.S. should have demonstrated interpersonal, presentation Army Crime Laboratory. Member, American Society and communication skills, as well as a strong knowl- of Questioned Document Examiners and American edge of bank statutory and regulatory requirements. Academy of Forensic Sciences. Farrell Shiver, Shiver & Will provide presentations on compliance and regula- Nelson Document Investigation Laboratory, 1903 Lilac tory topics throughout the country. Position requires Ridge Drive, Woodstock, GA 30189, 770-517-6008. extensive travel, as well as the ability to maintain superior rapport with attendees. Compensation com- New York & New Jersey Transactions and Litigation. mensurate with experience and credentials. Company Georgia bar member practicing in Manhattan and has excellent benefits, including 401K plan. Submit New Jersey can help you with your corporate resume to: Human Resource Manager, Professional

February 2015 71 Classified Resources

Bank Services, Inc., 6200 Dutchman’s Lane, Suite 305, n Specialized Issues in Domestic Violence Mediation Louisville, Kentucky 40205; Email to: [email protected]. Training—April 20-21, 2015 An Equal Opportunity Company M/F/H. This workshop for experienced domestic relations mediators will provide you with additional tech- Training Opportunities niques for managing special issues in domestic Kennesaw State University & Center for Conflict violence. Management Upcoming Trainings and Events: n General/Civil Mediation Training—April 27-30, 2015 n Domestic Relations Training—March 9-13, 2015 This basic 28-hour mediation training focuses on an The 42-hour training covers all aspects of the understanding of the mediation process, commu- divorce process. Topics covered are child support, nication skills, problem-solving skills, agreement parenting, financial issues within the family and writing and mediation ethics. Mediation skills are the complexities of diverse cultures. Domestic taught in a highly interactive format through short mediation is the most often used and referred to in lecture, group discussion, focused exercises and the court system. coached role-play. n Domestic Relations Mediation Practicum—March 27-28, 2015 For all trainings and registration details go to: This two-day course substitutes for the one obser- http://ccm.hss.kennesaw.edu/training/ vation and two co-mediations necessary to become a registered Domestic Relations mediator with the n 5th Annual International Conference— Georgia Office of Dispute Resolution. The course April 17-18, 2015 will include mediation observation and coached http://ccm.hss.kennesaw.edu/events-programs role plays with Dr. Susan Raines and a panel of /2015/2015-04-17/ expert mediators. n Summer Institute on Conflict Management in Higher Education—June 8-12, 2015 Chateau Elan Winery and Resort (Formerly the Consortium on Negotiation and Conflict Resolution at Jekell Island) ADVERTISE http://ccm.hss.kennesaw.edu/events-programs/ Advertisers Index Are you attracting the right audience Investors Title Insurance Company...... 11 for your services? Advertisers are Keenan’s Kids Foundation...... 17 discovering a fact well known Law Firm of Shein & Brandenburg...... 13 to Georgia lawyers. If you have Member Benefits, Inc...... 29 something to communicate to the Mercer Health and Benefits Administration...... 13 lawyers in the state, be sure that it is Mitchell Kaye Valuation...... 25 published in the Georgia Bar Journal. Norwitch Document Laboratory...... 43 Contact Jennifer Mason ProAssurance LawyerCare...... 39 at 404-527-8761 or The University of Alabama School of Law...... 15 [email protected]. Warren R. Hinds, P.C...... 41

72 Georgia Bar Journal FROMBanished TOUnified

A History of the Legal Profession in Georgia

Written By Linton S. Johnson II | Foreword & Edited By Charles L. Ruffin | Designed By Sarah I. Coole

On the Occasion of the 50th Anniversary of the Establishment of the State Bar of Georgia

This 252-page leather-bound coffee table book helps celebrate the unified State Bar’s 50th anniversary by following the growth of Georgia lawyers and courts from their humble beginning up to the modern justice system that serves the people today. The cost of the book is $65, which includes tax and shipping. To order, visit www.gabar.org or contact Lauren Foster at 404-527-8736 or [email protected]. Magna Carta AT 800 and the Rule of Law This year marks the 800th anniversary of the Magna Carta, one of the most famous legal documents in the world. To mark this important occasion, the State Bar of Georgia is hosting an exhibit.

MAGNA CARTA EXHIBIT March 18-31, 2015 | State Bar of Georgia | Bar Center If you would like to visit the Magna Carta exhibit, you may do so during regular Bar Center hours on March 18-31 from 8 a.m. to 5 p.m., Monday through Friday. If you have a large group, please call Faye First at 404-419-0155 for reservations.

MAGNA CARTA SYMPOSIUM | Summoning the end of the exhibit, on Monday, March 30, 2015, a CLE symposium on the meaning of Magna Carta and its relevance to Georgia will take place from 8:15 a.m. until 3 p.m. at the State Bar of Georgia Conference Center, located at 104 Marietta St. NW, Atlanta, Ga. Speakers at this CLE symposium include many of Georgia’s finest history and law professors. The celebration will be highlighted by a keynote address from Nathan Dorn, the Law Library Rare Book Curator at the Library of Congress in Washington, D.C. Attendees also will have the rare opportunity to examine and enjoy the American Bar Association’s exhibit on the meaning and mythology of the Magna Carta and its continuing impact on the legal system of the United States. The seminar brochure with the full agenda and the seminar registration form is available at www.iclega.org. The symposium offers 5 CLE hours, including one professional credit.