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May1993 Volume54 , Number3 PubllshOdseven 1fme$ a yeart 1hes.eveo 1h Issue Is a bar directory edition) by lhe Alabama State Bar, ON THE COVER: P.O . Box 4156, MO(ltgomery. Alabama 36 \ 01. The BirminghamC ivil Rights Institute houses exhibitsdepict ing historical events Phono(205) 269- ISIS . from post-WorldWar I racial separation to present-day racial progress. Robert A. Huttaker ...... Editor Photo courtesy of the Birmingham Civil Rights Institute, OdessaWoolfolk, president SU$3nShirodt OePao!a..... , ...... Associa le Edi101 INSIDE THIS ISSUE: Ma,gatetMurphy ...... Managll\9 E<'tor 80 1td OI Editor• African-American Lawyers in Alabama v1, 1amJ Underwood, TV50.lfflbla• Jeffrey L Uiltler,, Mobile• Alu L. Holti:IOtd, Jt , Motltgomory • A&llnT , FIOO(lrS..Bitf'*'O Black Pioneer Lawyers in Alabama - Living Legencb ttam • J.E. Sawyer. Jt •• Eroefprise• Leah 0 . TS')tOr, SifTJWIO ham • Oeborah Allty Sm l!h, Blrmlng hal?I • 0111• 6 1fn, By RaymondI,. Johnson,Jr • ...... l56 Blrmh;il\am • Jahn YI. two~ . Birmingham• Rty o , Hocpl. Jt,, Birmingham• OeootahJ . LQn9,Birmingham • Sheqy eo.,. African-American Females llfaking a Difference lurn·&11Je1.MOl1CgOIT\ety • Lauro Peck. Blrmingl'lbm• SMa A.. in the Alabama Legal Profeulon MeGlvaren , Blrmln-oham , Hon. Joseph A. Cotqu lu. T~ • &.is.n E. R\lu. Monlgorne,y • John Mnril,Hl rl, By Cynthia W. Clinton and Anita l. Kelly ...... 170 Birmlngl\am• RaymondL Jotlr.sott , Jr._ BIITIWIQham• Phillip ,._Lillttl. Jaaptr • Ced! M, Tlpiton, Jr,. ()pollka • F0troii LIIU. An Overview of Jury Tria ls: Legal and Proc edural Considerations !Aobllt • Hon. til.ql Mllddoll, Mon.,oome,y• J.W. Gooclloe, J1., Mobile • Ma.ft< 0. Hff& . Birmingham • Scev• P, 9.rvM:on. By Hon. Kenneth0. Simon ...... 175 ~n • Benja,ni118 . $inlllf"9 , Ill, 81mw,gh;am 54th ABAMidwinter Meeting Board of C
"Et1eryABICLE seminar is planned by Alabama Lawyers for other Alabama lAwy t rs. Who would know better what ,ve need?t'
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March • June J993 Courses
B.,nking Law-Bnming!u,m Bridge the Gap-Binningl,am Mortg,ge Forecl<.>Sute>-6.irmmgham City and County Govemmencs-Orang< ll Alaban1a Bar Institut e for Continuing Legal Educat ion, Box 870384, TuS<'aloosa,Alabama 35487.0384 Call l-800-627-65 L4 or 205-348-6230 for more information. PRESIDENTIALUPDATE ALABAMAFIRST orty mem bers of the F Alabama First Task Force met at the state bar headquarters March25, 1993to develop a plan of action to improve lhe state's bleak Clarence M. Sm•n , Jr. economic future. The task force members were welcomed and given an overviewby state bar Presi dent Clarence M. Small, Jr. and task force Chair Walter R. Byars of Mont gomery. Speakers for the program Members,Alabama First Task Force,al planning session As a part of the Alabama"First effort andto keep you iaformed, list ed below are U1ecommunity meeting dates for A+, the statewide A+education reform organization. All interested citizensare invited to attend these meetings. If you need more informationabout the A+ meeting loca tions and times for your community, please contact the A+ offiGein Mont gomery at 1-800-253-8865or I (205)834.-4884 . MISSION • To seek input and develop broad-basedownership for the reform blueprint throughout Alabama; • To encouragegrassroots support for education reform; • To demonstrate that education reform must occur in a systematic, nol piecemeal,fashion ; and • To show that a quality education system is a necessityfor a quality life for each citiz.:n in Alabama. WillHill Tankersley TOWNMEETINGS SCHEDULED TO DATE Town meeting Dale Contact perwn Phone number Decatur May18, 1993 CindyPaler (205) 355-lll6 Anniston May20, J 993 MaudineHolloway (205) 267-614" Monroeville June 8, 1993 Steve Stewart (205)575-3232 Auburn/Opelika June 10, 1993 not available OTHERLOCATIONS FOR TOWN MEETINGS (to be scheduled) AlexanderCity Cullman Huntsville Talladega/Sylacauga Andalusia Demopolis Mobile Troy BaldwinCounty Dothan Montgomery Birmingham Gadsden Scottsboro Fronk8. McRigh/ 140 I May 1993 THE ALABAMALA V.'YER included Will liill Tankersley, immedi ate past chair of the MontgomeryArea Chamber of Commerce, Mobile lawyer Frank B. McRight.chair of Leadership Alabama,and Retirement Systems CEO DavidBronner. Task rorce members learned from these knowledgeablespeakers the need for leadership and dramatic action to keep Alabamafrom falling farther and farther behind educationally and eco nomically. After hearing the sobering reports of I hese speakers, task force members divided Into "idea groupS"to focus on specific problems and ways lawyerscan help resoh-e them. Follow Taskfora! chair WalterBgar.s Dr. IJaJJid8roM,,r ing these sessions, the lask force mem bers reassembled and made reports on developed to guide Alabama lawyers in forcewill be calling upon and energizing their findings and recommendations. helping remedy lhe state's problems. lawyers across Lhe slale Loh elpimple ~·romthis exch!tnge.a plan of action was Duringthe nexl several months, the task menl LheAlabama f'irst plan of action. • Letterto the Editor It orus in lhe legal professionget exasperatedal one Alva'sextraordinary effort entailed cutting and removing time or another from the onslaught of criticism numerous trees, many of which were so large they had to be Aoboul lawyersand the cynical comments about our cut in multiple placesin order to be pushed, shO\oedand car negative contribution to society. We know that these com ried, piece by piece, off of the road. It entailed cutting ments are for the most part stereotyped and often totally branches, movingwires. and proceedingliterally a couple of untrue. and certainly distort the e.'rtraordinarycontribution feel al a time - all in sub-frtezing weather. that lawyershave made, historicallyand today, to society. AfterAl\,a finally arrived at the people'shouse, he then had After the blizzard of '93, I beard aboul the quite heroic LOrepeat the process, moving moretnes and branches that effort..~of one o( our colleaguesto help a family In distress. had fallen. proceedingover frozen roads, digging out his car There are probably hundreds of other examples where several times after it had gotten stuck, and delivering the lalV)lers pitched In but I thought the effort made by Alva man in need to the hospital for medical attention. Caine, past president or the AlabamaState Bar. was truly We heard of Alva's heroic effort from lhe wife of the man inspiring. who was rescued. Her praiseo f Alva's bravery,reassurance to Alva Caine lives in a heavily forested neighborhood.As a her husband that be would gel to the hospital in time for result. the heavy snows and winds blew down thousands of proper medicalattmtion, and general support were matters trees, made the roads totally impassable,and knocked out related with heartfelt convictionand tears of appreciationin elecll'icity. her eyes. Just before the storm hit, a neighbor in the general vicini· l kno1, it is trite to sa}' thal we hnve a wonderfulprofes ty of Al,-aCaine's residence, bul somemiles a"-ay, had had sion. but this is true becauseof peoplein our professionlike major surgery and was sufferingfrom life-endangeringposl Alva Caine - people who constantly sacrifice their self operath-emedical problems. inlerest for olbe_rs. Alva Caine did not know the genUeman in distress. lie Donald8. Sweeney, Jr. learned of this man's plight from a third party. Nevertheless. Rities & Peterson Alvagot in his four-wheeldrive vehicle, and, equippedwith a Birmingham, Alabama chainsaw,determined to rescue the man from his plight and make hospitaland medicalattention available to him. April 8. 1993 THEALABAMA LAWYER May1993 / 141 EXECUTIVEDIRECTOR'S REPORT WE'LLMISS You NORMAJEAN! n May l , Norma Jean Rob total membership.Until late 1992,when bins, lhe admissions secre she advised me of her desire to retire, tary of lhe AlabamaState Bar she directedo ur admissionsarea. by her msince 1979, retired. Norma self, with only seasonal part-time assis completed 30 years of service to the tants during peak periods. State of Alabama. fortunately, she chose Norma has handled the many pres to spend her "last tour of duty" with us. sures and endless deadlines with calm She will be sorely missed. resolve.Above everything else, she did it Norma brought to this position a with an absolute, firm evenhandedness warm and concerned personali ty, (to the consternationo f a fewfol ks). e~traordinaryadm inistrative skills,and a Over the years. I have received my work ethic which was based upon abso share of calls from persons who lute integrityand fairness- both essen "couldn't believe" they were not an tial for her sensitiveposition. "exception" to our rules and regulations, and, early on, when they would begin discussing MissRobbins ' faults, I knew theywere way o ff base. State barstaff membersat the 1980co11- Norma is a "soft touch" and has gone /Ji!lltionin Mobile: (1-r) MargaretBoone, the extra mile to assist any applicant in NormaRobbins and DioneWeldon everyway poss ible when specialn eeds or accomodations were permissible under gomerywhere she will pursue her con our rules. She simply did not play siderable talents as an artisL She main favorites. No parent, spouse or applicant tains interests in the theatre and gar could hurt more than she when bar dening. results were adverse. She was often the The letters or appreciation and floral first person a disappointed applicant tributes receivedafter she administered turned to - she could quicklydispel lhe a bar examinat ion were constant feelingthat lhe ·'end of the world",,as at reminders of the respect our applicants hand. had for her. She set the standardwhich Our bar examiners and members of we must seek to maintain. the Character and fitn ess Committee Norma will be succeeded by Dorothy have praised her efficiencya nd helpful Johnson who has been workingw ith her NormaJean Robbins ness. She simply has made all of our since last June. ElizabelhShwarts w ill be responsibilities easier to meet with her Mrs.Johnson 's assistant We have experienced our greatest cheerful and positiveattitude. Norma has indicated an interest in increase in both lawyerad missions and These persons honored Normawith a assisting as a bar examination monitor law student registrations during her retirement luncheon April 30 in Mont for future exams each February and tenure. She has processed over 1,500 gomery and presented her with a re July. This is an offer we cannot refuse. applications and registrations each year, membrance of their appreciation.No rma We will miss Normaas a dailyray o f sun and. excluding the pending F'ebruary leavesmany friends in the AlabamaState shine, but we will not forget her influ results, has overseen the admission of Bar familyas she enters this new phase ence on a generationo f lawyers.S he is 5,613 lawyers - well over half of our in her life. She 1,ill reside in Mont- very special. • 142 / May 1993 THE ALABAMALAWYER ~Scw«e4 '° Sardi rectories~ S25for ASS 992.93now cost " Needan updated Calendar? m~~ cu: non-members Sen rs and $40 for Need10 lmOWif a se_minarhas been m · dch k approvedfor CLEcredit? Wanl a CLEsemi oney order to Alaba ec or nar at an exoticspot or on a particularsub· ~ry, P.O.Box 4156 t>~aBar Direc- jec:tmatter? Call Diane at 1-800-354-6154 "' abama36101. ' ontgomery, !or a calendarand information. To changeyour " If you auendcdor willbe allendinga telephonenumb name, address or CLEseminar that has nol been approved JN_G,lo AliceJo ~r, se1~dit IN WRIT !or cu:credll. call Di~neaL 1.S00-35~- ship Services p Oendnx. Member 6154for applicationin!ormation. Montgome · · · Box671, 6 T ry, Alabama36101 " To reservea meetingroom !or a deposi 0 get a classified . · tion, call l THE ALABAMAl ,AWYEll May 1993 I 143 llfiLU!3 '--P_O_ L_L______; FACTS/FAXPOLL R ESULTS: Critique of The Alabama Lawyer In the January and March issues of The Alabamalawyer, we asked for your opinion of the lawyer. and what additions, deletions and changes you would like to see in the magazine. Seventy-fourattorneys responded to this poll, either by faxing or mailing in their responses. Here are the results: Of the members who responded: 20% read it sometimes; 1. 86% read selected portions of the magazine; l l % read it in 6% never read it. its entirety; 3% skim it; and no one admitted to never read YOUNC1..AWYERS' SECTION ing it. 5496someti mes read it; 2. Regarding the different sections of the magazine: 35% never read it; 1196always read it. PRESTDENT'S PACE 55%someti mes read it: RECENTDECISIONS 27% alwaysread it; 7296a lways read them; 18%never read it. 27% sometimes read them ; I% never read them. EXECUTIVEDIRECTOR 'S REPORT 48%sometimes read it; MEMORIALS 28% never read it; 53% sometimes read them: 24% always read it. 40% alwaysread them: LEGISLATIVE WRAP-UP 7% never read them. 61% sometimes read it.: 34% always read it; lt appears from this very unscientific, extremely informal 5% never read it. poll that or those responding, the mosl popular sections in the magazine are "Bar Briefs/About Members, Among Firms", BARBRIEl'S/ABOUT MEMBERS , AMONCFIRMS "Disciplinary Report" and "Recent Decisions" - in other 61% alwaysread them: words, who has rece ived an honor or been promoted or 2% read them sometimes; moved,who has been disciplined,and what the courts decided 7% never read them. on a certain issue. BUILDINGALABAMA 'S COURTHOUSES Suggestions for future issues included having articles on; 53% sometimes read it; the use of in-house counsel; attorneys combining lhe practice 38% never read it; of law with other professions or businesses; time and effort 9% alwaysread it. donated to different communitie.s by attorneys; ethics opin SUBSTANTIVELECALARTlCLES ions on a regular basis; a quarterly focus on county bars, with 65% sometimes read them; an emphasis on demographics and lawyers' typical practices, 3596a lways read them; clients and income; advantages of local grievance committees none admitted to never reading the articles. as opposed to centralized committees; criminal law: appellate CLEOPPORTUNITIES CALENDAR and trial court judges, and Alabama's federal courthouses: 53% sometimes read it; solo practitioners, and small firm practice, problems and solu 28% always read it; tions; a $1 court cost fee, per case, to fund a retirement plan 19% never read it. for attorneys; actual cases tried in Alabama with jury deci DISCIPLINARYREPORT sions; more substantive legal articles; Alabamaproperty law; 74%always read it; and articles from state law professors. FACTS/FAXPOLL RESULTS: Pun itive Damages The Facts/rax Poll which has appeared in recent issues of the election/selection of judges and punitive damages have The AlabamaLawyer was designed to generate reader interest generated what appears to be organized efforts to skew the and to provoke comment on issues of interest to members of results. Similar ly, other media and interest groups have the bar. By that measure, the fax poll has been a resounding sought to portray the poll results as being an authoritative success. measure of the position of bar members on these issues. However,as specificallynoted in the announcement for the Because of concerns about the validity of the polling results first fax poll, the survey was never intended to be a scientific and the potential for misuse of the polling datJ. no tabulation sampling. Unfortunately, recent faxpolls on issues concerning has been made of the faxpoll on punitive damages. 144 / May 1993 THEALABAMA LAWYER Younow have lhe opporrunity to take advantage of lhe Simplified Issue Yearly THEALABAMA STATE BAR RenewableTerm Li reI nsu ranee Offering underwriuen by Nonhwestcm National Life ANNOUNCESA Insurance Company.• All you need 10do 10qualify for Simplified SIMPLIFIED Issue coverage is: • be under age 60 • be actively at-work ISSUELIFE • not be currently enrolled in the Plan • be able to answer NO 10 lhe two questions on lhe application. INSURANCE Herc are the coverage amounts available: ACCIDENTAL TERMUFE DEATHBENEFTT OFFERING AGEUMIT COVERAGE COVERAGE Underage 50 SS0,000 $50,000 ForMembers Only Age 50-54 $25,000 $25,000 OfferingDeadline Age 55-59 $10,000 $10,000 All coveragesi11cl11d e c, waiver of pn:mium April30, 1993 Jec,tureif you should bcco111e disabled. In addition lo lhe Simplified Issue offer, you and your spouse can select benefits [rom S25,000 lo $1 million (for non-1obaccousers) by providing evidence of your good health. r------, For further informa1ion For more mfonruuJOf\obouc the Offering.or ot!M:r I conrocr: I life insurance opcions. COIICllCtt~ Insurance I Specialises,tnc Hsttd atlcfc I INSURANCE SPECIALISTS, INC. 2970Brandyw ine Road, Suile135 1~= I Allanta.Georgia 30341 I Address I (404) 458·8801 I City I Toll-Free1 ·800·241· 7753 Fax (404) 458·7246 I Scncc ZIP I I Phone ( I •underwr iu,n by I ~c time to call I OaueofBirth __ _J M Northwestern I 1111Natio nal Life LTobacco ______~r -- Yes --No .JI Minneapolis. MN jfl(ll •dnutt(d ,n ,he•ulC QfNc-,1• 1Qnl ) THEAl.ABAMA LAWYER May 1993 / 145 BAR BRIEFS Birminghamattorneys F.A. Flowers, with the computers is word processing, of Alpha Phi Alpha Fraternity, Inc. dur m and David G. Condon recently co but things are rapidly changing. The ing its NationalConvention in Anaheim, aulhored a book for the NationalAssoci ABA's Technology Clearinghouse of California.Davis is the first Alabama res ati on of Manufacturers, entitled rers a free service for members, ;u,swer ident to be elected to head the nation's Produc/.sliability la1u,loss Controland ing their automation questions over the oldest African-American fraternity. His Insurance.Flowers is a partner with the telephone. The Clearinghouse is a one term began in January. firm of Burr & Parman, and Condon is stop source for automation information Davis received his undergraduate executive vice-president and general on software,hardware, services and pub degree from TuskegeeUniversity and law counsel for SMIS, Incorporated, an lications. degree from the Universityof Iowa.He is insurance brokerage house specializing For information about the Clearing an American Political Science Founda in products liability/completed opera· house and packets containing product tion Fellow,a Ford FoundationGraduate lions Insurance, loss control and claims descriptions, vendor contacts, informa Fellow, a Herman Lehman Voundalion management for equipmentmanufactur tional articles and reading lists, call Scholar, and a Henry Luce f'oundalion ers and dealers. (312)988-5465. International ScholarsFinalist. A former The book is designed for industrial, assistant attorney general of Alabama, agricultural and construction equipment Linda Fried Davis practices in his homet own of manufacturers and dealers as a tool to man, a partner Tuskegee. help them manage legal exposure to with the Birm He has served as a member of the products liability claims and suits. The ingham firm of AlabamaSta te Bar Boardof Bar Examin book offers two solutions, loss control Bradley, Arant, ers. a member or the U.S. 11th Circuit through loss avoidanceand loss reduc Rose & White. Court of AppeaIs AdvisoryCommittee , tion measures, and insurance. has been elected and as former president of the Macon Editorial assistance in developingthe a member of the CountyBar Association . book was provided by Tom CotUng. American Law ham, who is also a partner with Burr & Institute. She is Friedman l'orman. the first female practicing attorney ever elected to the John M. Johns on, a partner in the ALIfrom Alabama.T he ALIcurrent ly has Birminghamfirm of Lightfoot,Frank lin, 2,500elected members. White & Lucas, contributed to a book Friedman is a member of the Ameri that has just been named the best law can Bar Association,the AlabamaState bookof 1992. Bar (chairperson of l11eBusiness Torts & After a nationwide competition, the Antitrust Section), the Birmingham Bar Associationof AmericanPublishers gave Association and the U.S. Trademark the award to the six-volume Enuiron Association.She also served for a num menlal law PracticeGuide. ber of yearson the Boardof Bar Examin Johnson wrote the chapter on pesti ers of the state bar. She contributed lo Nina Miglionico, a partner in the cides. He is also the author of Pesticide Stale Trademark and UnfairCampeli Birmingham firm of Miglionico & litigation Manual. lion in Alabamaand Protectinglntellec Rumore, received the Oulslanding The Environmental Law Practice tual Propertyand Alabamalaw, which Alumnus award from the Universityof Guide includes text, case and statutory are comprehensivemanuals for lawyers, Alabama School of Law during law citations, forms, bibliographies,indexes. as well as businessmanagers. Weekin March.The awardwas present and practice pointers designed to help She graduated summa cum laude ed by the Bench & Bar Society and is lawyers, government officials, consul from Kenyon College and received her namedfor DeanDaniel Meador. tants, and regulated businesses. law degree from Vanderbilt LawSchool, where she was associate editor of the According to a recent study by lhe Vanderbiltlaw Reuiew. She clerkedwith U.S. Circuit Judge Joel F. Dubina, American Bar Association,67.6 percent the HonorableSam C. Pointer, Jr., chief a 1973 graduate of CumberlandSchoo l of attorneys In midsize firms (20-100 judge of the U.S. District Court for the of Law. SamfordUniversity . was honored attorneys) use a computer. Ln a similar Northern Districtof Alabama. recently as Alumni of the Year for l11e study of smaller law firms, 55.6 percent law school. Judge Dubina, along with surveyeduse a computer. Milton C. Da~is of TuskegeerecenUy retired Mississippi State Supreme Court The overwhelmingfunction performed was elected the 29th General President ChiefJustice Roy NobleLee , was recog- 146 / May1993 THE ALABAMALAWYER nized during Law Week activities in March. Dubina,of Montgomery,was appoint NOTICE ed to the Eleventh U.S.Judicia l Circuit Court in 1990.He is a former U.S. Dis trict Judge, U.S.Magistrate and practic ing attorney. TREAT AWARD Cumberland's Law Week activities included appearances by the Alabama Court of CivilAppea ls, attorneys F. Lee FOR EXCELLENCE Baileyand BobbyLee Cook, and the Rev. Jerry Falwell. Each year at its annual meeting in November, the National College of Probate Judges honors the recipie nt of its presti The Mobile Bar Association' s exec utive committeehas publicly objected to gious Treat Awa rd for Excellence. The award was created a television commercial run in the and named in honor of Judge W illiam W. Treat, Mobile area which the association's President, Thomas E. Br)'ant , says founder and president emeritus of NCPJ. malignsthe whole legal profession. The ad uses actors to depict an unsa The College annually selects an indiv idual who has made a vory looking character identified as an significant cont ribut ion to the improvement of the law or judi - attorney with his desk set up on a dan gerous crack in a sidewalk, attempting cial administ ration in probate or related fields. to solicit clients from among peoplewho The purpose of the award is "to recognize and encourage fall on the sidewalk. Trick photography is used to distort the face of the actor achievements in the field of probate law and related fields who plays the attorney, adding to the consistent w ith the goals of the National College of Probate "scurrilous attack'', Bryant said. ''This commercial does not address Judges." Previous recip ients have been membe rs of the any issue in any factual or responsible judiciary, attorneys and law school deans or professors. manner but attempts to arouse strong attitudes of contempt by the public toward an entire profession," Bryant Submit nomin ations of qualifi ed indi viduals to: said. Treat Award for Excellence Comm ittee The ad, part of a statewide political campaign to pass new legislation regu Nationa l College of Probate Judges lating attorney's fees and to removecer 300 Newport Avenue tain legal responsibilities of insurance companies for some actions of their W illiamsburg, Virginia 23187-8798 agents, has run on television stations around the state. This committee includes three NCPJ officers, "Wehave no objectionto factual, hon est discussionsof issues, including those the president of the American Col lege of Trust and Estate that are the subject of pending legisla Counsel, and the chair of the Ame rican Bar Association's tion. But we do object to cleverly pro duced commercials that hold an entire Section on Real Property, Probate and Trust Law. profession up to ridicule and contempt." Bryantsaid. Nominations should include a resume of activities, letters of He pointed out to the local television recommendation, awa rds received, achievements in probate stations and to the public that the com mercial depicts an attorney behavingin and related fields of law, and any other relevant material. a manner which is clear violation of Alabama law and of American, Alabama Nomi nations received by June 15, 1993 and local bar associationcodes of ethics. w ill be considered for selectio n of the recipient to be He requested Mobiletelevision stations refuseadvertising that malignsa profes introduced at the annual meeting November 19, 1993 sion as outside the boundsof what "are in Charlesto n, South Caroli na. or should be acceptable valuesand tastes of the Mobilecommun ity." • THE ALABAMALAWYER MayI 993/ 147 ABOUTMEMBERS, AMONG FIRMS City Federal Building, 2026 2nd Avenue, ABOUT MEMBERS AMONG FIRMS North, Birmingham, Alabama 35203. Phone (205) 324-1582. Terry C. Davis announces the new Lyons, Pipes & Cook announces Boyd & Femambucq announces the location of his office al 4183 Carmichael William E. Shreve , Jr. and R. Mark formation of Boyd , Fernambucq & Road, Suite B, Montgomery, Alabama Kirkpatrick have become members of Nichols, and that Randall W. Nichols 36117. The mailing address is P.O. Box the firm. Offices are located 2 North has become a partner. The mai ling 230907, Montgomery, Alabama 36123· Royal Street, Mobile. Alabama 36602. address is Suite 302, 2801 University 0907. Phone (205) 270-0592. Phone (205)432-4481. Boulevard,Birmingham , Alaban1a35233. James W. May announces the reloca James W. Webb, Michael ill. Eley, Phone (205)930-9000. tion of his office lo 416 East Laure l Kendrick E. Webb, Craig S. Dillard , Douglas I. Friedman announces the Avenue,Foley, Alabama 36536. T he mail Daryl L. Master s, E. Wray Smith, formation of Friedman & Pennington ing address is P.O. Box 549,Fo ley, Alaba· Ba.rt Harmon, Mary E. Pilcher, Lyn and that John M. Pennington has ma36536 . Phone (205)943 -2881. Head Durham and Kristi Allen become a partner. Officesare located at C. MacLeod Fuller announces the Dowdy announce the format ion of 2000-A Southbridge Parkway.Suite 535, relocation of his office to One North Webb & Eley. Offices are located at Birmingham, Alabama 35209. Phone Royal Street, Mobile, Alabama 36602. 2000 Interstate Park, Suite 102, P.O. Box (205)879 -3033. Phone (205)432 -22ll. 238, Montgomery,Alabama 36101-0238. The City of Dothan announces the Julia Christle Clo\ler announces the Phone (205) 271-1820. appointment of F. Lenton White as city new location of her officein the Van Ant Leo & Associates anno unces the attorney. Officesare located at 126 North werp Building,103 Dauphin Street, Suite association of Morri s J. Brooks , Jr .. St. Andrews Street. Dothan, Alabama 201, Mobile, Alabama36602. Phone (205) formerly Madison Count)' District Attor 36302.Phone (205) 793-0117. 432-3800. ney, M. Bruce Pitt s and Brent E. S. Kent Stewart, Ricky T. Da~is Danny Farnell . formerly with Jeff Hieronymi. The address is 200 Ran and Scott J. Humphrey announce the Foshee & Associates, announces the dolph Avenue, Huntsville, Alabama formation of Stewart , Da\lis & opening of his officeat 314 Bell Building. 35801. Phone (205)539-6000. Humphrey. Offices are located at 3800 207 Montgomery Street, Montgomery, Cabani ss , John ston , Cardner , Colonnade Parkway,Suite 650, Birming Alabama36 104. Phone (205)262 -7500. Dumas & O'Neal announces R. Tay ham, Alabama35243. Phone (205) 969· Kendall W. Maddox announces the lor Abbot, Jr. has become a member 3737. opening of his office, located at 250 Far and John M. Graham and Samuel D. Taylor & Roberson announces lhal ley Building. 1929 3rd Avenue, North, Payne have become associates. Offices Christian E. Roberson has become an Birmingham, Alabama 35203. Phone are located in Birmingham and Mobile, associate or the firm. Officesare located (205)251-7717. Alabama. in Pratl\lille and Birmingham, Alabama. Ann Cortright Bridgeman an• Schmitt & Harper announces that Phone (205) 365-2221 and (205) 323- nounces the relocationof her officeto the John G. Smith has becomean associate 3300. Clemmons-EdingtonHouse, 551 Church of the firm. Offices are located at 213 Vincent , Hasty & Arnold an Street, Mobile, Alabama 36602. Phone Barnett Boulevard, Tallassee, Alabama nounces that Da\lid Madison Tidmore (205)433-4468. 36078. Phone (205) 283-6855. has become counsel to the firm. Offices J. Massey Relfe, Jr. announces the Dick & Wisner announces that are located at 2090 Columbiana Road, new locationor his officeat 2102-D Caha Susan Conlon Ruester has become an Suite 4400 , Birmingham, Alabama ba Road, Birmingham, Alabama 35223. associate 1vith the firm. Officesare locat 35216. Phone (205)979-4490. Phone (205)870-1138. ed at 100 Washington Street, Suite 200, Jennings, Carter, Thompson & Clarence L. McDorman , Jr. an Huntsville, Alabama35801. Phone (205) Veal announces that ThomM A. Jen nounces the relocation of his office to 533-1445. nings has become associated with the Suite 310, 200 OfficePark Drive,Birm ing Wilmer & Shepard announces that firm and the name has been changed to ham, Alabama35223 . Phone (205) 871- Frederick L. Fohrell , former chief Veal & Associates. 3800. assistant distr ict attorney for Madison Balch & Bingham announces that John w.Carroll , formerly of Binn ing. Count)'and former counsel to the Cover· W. Joseph McCorlde, Jr. and Karl R. ham, has ret ired after 36 years with nor, has joined the firm. The mailing Moor have become members of the firm. Lawyers Cooperative Publish ing. He address is P.O. Box 2168, Huntsville , Joseph McCorkle practices in the worked for 17 years as a sales representa· Alabama35804 . Phone (205) 533-0202. Montgomery office. Phone (205) 834- tive in Alabamaand Georgia,and for 19 Kizer, BennHt & Gonzalez 6500. Karl R. Moor practices in the years as regional manager of southern announces their new member, Marco A. Washington, D.C. office. Phone (202) states. He now resides in Gulf Shores. Conzalez. Offices are located at 2101 269-0387. 148 / May1 993 THE ALABAMALAWYER Helmsing, Lyons, Sims & Leach firm. Officesare locatedat Historic 2007 announces that David A. Thomas has announces that Charles H. Dodson, Building, 2007 Third Avenue North, joined the firm as an associate. Offices Jr. , former circuit ju dge of the Thir Birmingham, Alabama 35203. Phone are located at 207 MontgomeryStreet, teenth Judicial Circuit, has become a (205)328-2366 . Suite 1200, Bell Building,Montgomery, memberof the firm.The mailing address Parker, Brantley & Wilkerson Alabama 36104. The mailing address is is P.O. Box 2767, Mobile, Alabama 36652.Phone (205)432 -5521. Maynard, Coope r, Frierson & Cale announces the retirement of AlabamaLaw Foundation Meade Frierson, m and the firm's new name is Maynard, Cooper & Cale. Awards$1,000,000 in Grants The firm also announcesthat Luther M. by Tracy A. Daniel, executive director Dorr, Jr. and Alfred F. Smith, Jr. have become members, and Dana L. The AlabamaLa w Foun Thrasher and Lucin da P. Cole have dation awarded$ 1,000,000 becomeassocia tes of the firm. in grants of TOLTAfunds Capouano, Wampold , Prestwood for its 1993 grant cycle, & Sansone announces that Linda C. bringing the total awarded Smith, former law clerk to Hon. Joel P. since 1989 to $4,130,498. Dubina and Hon. Kenneth F. Ingram, This is 20 percent less than has become associated with the firm. the $1,250,000 awarded Her mailing address is P.O. Box 19i0, last year, but was necessi Montgomery, Alabama 36102. Phone tated because lower inter (205)264-6401. est rates have brought Armbrecht , Jackso n , DeMouy , abou t a 19 percent de Crowe, Holmes & Reeves announces crease in revenueover last that William Steele Holman , II has year. Our IOLTAp rogram become a member and James F. Wat is actual ly faring better kins and Rodney R. Cate have become than others around the associated with the firm. The mailing nation. Some programs address is 1300 AmSouth Center, P.O. have seen revenue drop as Box290, Mobile, Alabama36601. much as40 percent. Simmons, Brunson & McCain John Scot/, trustee of the Alabama law Foundation, Even though income is announces that Rebecca Ann Walker presentsa grant check lo Melinda Waters,director of down, the foundation was has jo ined the firm as an associate. /he AlabamaStale Bar Volunteerlawyers Program. stil l able to award more Offices are located at 1411 Rainbow than four times as much Drive, Gadsden. Alabama. Phone (205) as it awardedi n 1989.The foundation received 59 requests, totaling $2,000,000, 546-9205. and funded 33. All grant requests were deserving, but there simply was not J. Robert Faulk, David A. McDow enough moneyto fund them all. ell and T.O. McDowell, Jr. announce The foundation again providedfunding for the Alabama State Bar Volunteer the formation or McDowell, Faulk & LawyersProgram , the MobileBar Association Pro BonoProgram and the Mont McDowell, with T.O. McDowell gomery County Bar AssociationPro Bono Program, helping to support the vol becoming of counsel and Cynthia A. unteer efforts of attorneys throughout Alabama. The state prog ram, Talley, formerly associated with the administered by Melinda Waters, has begun referring cases in several counties firm or GeorgeP. Walthall, Jr., becoming and is currently recruiting lawyersto participatein the BirminghamB ar Associ a partner. Offices are located at 145 W. ation VolunteerLawyers P rogram. Mobile's program closed 1.008cases last year. Main Street, Prattville, Alabama 36067. The costs of administering the programwere just over $57,000. This works out Phone (205)365 -5924. to a cost of $57.15 per case closed. which is belowthe national average of $161 Marshall H. Sims announces that per case closed for pro bono programs. Leslie S. Ennis has joined the firm as The AlabamaCa pital RepresentationResource Center receivedfunding to help an associate. Officesare located at 111 continue its operation.Thanks to the Center's work, no attorney appointed to North Chalkville Road, Trussville, Alaba handle a death penaltycase has to go without support in his or her efforts.Legal ma 35173.P hone (205) 655-3289. Services received funding to continue its projects through which the foundation Harris, Evans, Berg, Morris & provides funds for attorneys to handle domestic cases, primarily those involving Rogers announces that Jeffrey K. abuse. The foundation also continued its support of county law libraries. Hollis, former law clerk to Chief Justice The Alabama LawFoundation is grateful for the support it receives from attor E. C. Hornsby, Jr. of the Alabama Su neys participating in IOLTA.Without that support, most of the projects funded preme Court, and Stephen J. Bumgar• by IOLTAwou ld not otherwise haveex isted. • ner have become associated with the THE ALABAMALAWYER May1993 / 149 P.O. Box 4992, Montgomery. Alabama Rhodes, phone (205) 5 l 7-1550. and ing address ls P.O. Box 2370, Daphne, 36103-4992.Phone (205)265 -1500. Charles C. Roblnaon, phone (205)517- Alabama36526. Phone (205)626 -2688. Hand, Arendall, Bedtole, Creavu 1500, with both offices located al 229 David s. Luker, formerly of Luker, & Joluuton announces that Fo1Tt1t East Square. Huntsville,Alabama 35801. Brewer, Shores, Umstead & Erskine, C. Wil10n, m, Judith L, McMlllln, Jod S. Rogen, m and Dale Rouse announces the fonnallon of David S. William B. Givhan, P. Russel Mylu , Wald announce the formation oi a part· Luker & Auocla tu. Joining the finn Brian P. McCarthy , and Walter T. nership. Offices are located at 407 Lay as associatesare C. Gregory Whlt.e, J. Gilmer , Jr . have become members of Dam Road, P.O. Box 1580.Clanton, Ala Wllllam Cole, and Cynthia Forman the finn. Officesare locatedat 3000First bama 350-15.Phone (205) 755-7880. Wllklnaon. Offices will be located at National Bank Building, Mobilt, Alaba Calnu , Caines & Caines an 2205 Morris Avenue, Birmingham, ma. Themailing address is P.O. Box 123, nounces that Mark A. Ra sco has Alabama35203. Phone (205)251-6666. Mobile, Alabama 36601. Phone (205) become a member of the firm and the Sirote & Permutt announces that 432-5511. Cirm's new name will be CaJnu, W. M.cCollum Balcomb, Bradley J, William J, Freeman and Jamu L Cainu, Cainu & Rasco. Officesare Sklar, Thoma, C. Tullen , Jr . , Hoover announce the opening of their located at 127 North Street, Talladega, Antholl)' C. Wlllou"1},y and Peter L. firm. Fruman & Hoover , al Suite Alabama35160. Phone (205) 362-2386. Lowe, Jr. have become members or the 1623,2121 Eighth Avenue, North, Binn Sdr , Johnlton & Trippe announces firm. Associates are Will iam Todd ingham, Alabama 35203. Phone (205) a change in the finn's name. It will now Ca.rlisl e, Brent L. Crumpton, Wanda 323-3030. be known as Johnston, Trippe & S. McNeil and Mellua C. Wimberley. Le,.ls , Brackin & Plo,.er, an Brown. Partners of the firm are A. Eric A.J. Coleman and Jon R. Sedlak nounces that Harry P. Hall, II has Johruton , Allan M. Trippe and Bll)'es announce the formation or Coleman & joined the firm as an associate.The firm D. Brown. The address and phone num Sedlak. Officesare localedat 115 John has relocated to 209 West Main Street. ber remain the same. ston StTeet, S.E., Suite 203. P.O. Box Dothan. Alabama36301 and the mailing John M. Green, formerlywith Helm 1685, Decatur, Alabama 35602. Phone address is P.O. Box 1165,Dothan, A laba• sing, l.yons, Sims & Leach in Mobile. (205)353-6824. ma 36302. Phone (205)792 -5157. Alabama.ha .s relocated. He is now with Richard C. Duell, Ill and Paul J, Yearout, Myers & Traylor an Blackard, Pitta & Murphy, P.O. Box Spina, m announce the formation of 1027, Brentwood, Tennessee 37027. nounces that Michael W. Cal'Toll and Duell & Spina. Edith J . Schauble Howard Yleldlnll Downey have Phone (615) 370-8900. has become an associate or the firm. Armstrong, Vaughn & Stein an become associated with the firm, with Officesare located at One Independence nounces that James M. Scroggins has officesat 2700 SouthTrust Tower, Birm Plaza, Suite 600. Birmingham,A labama ingham, Alabama 35203. Phone (205) become a member, and the firm name 35209. Phone (205)870-7900. will be Arnutronll , Vaughn, Stein & 326-6111. Holcomb, Dunba.r, Connell, Chaf Blankenship, Robinson & Rhodea Scroggins. Offices are located at The fin & Wlllard announces that Stephan announces division of their firm and Summit. 29000 U.S. Highway98. Suite a Land McDavld has becomean associate the formation of Blankenship & 305, Daphne,Alabama 36526 . The mail- with the firm. The firm has fivelocations in Mississippi.Phone (601)234-8775. Schoel , Ollie, Benton & Centen o Daniel appointed to National announces that Melinda Murphy Dionne has become a member of the ConferenceBoard of Trustees firm. The mailing address is 600 Finan cial Center. 505 North 20th Slretl, Tracy A. Daniel,director of the AlabamaLaw Founda Birmingham. Alabama 35203. Phone tion. Inc., was recently appointed to the National Con (205)521-7000. ference of Bar Poundations Board of Trustees. The J. Floyd Minor announces that John appointment came at the mid-year meeting of the Amer ican Bar Association. L. Ohuw,kl, former law clerk to The NCBFwas established in 1977. IL is an indepen Judges Lynn Bright. SallyCretnhaw and dent,voluntary organization serving both Canadian law Craig Miller,is now an associatewith the foundations and bar foundations in the United States. 6nn. The malling address is 458 South The NCBFassists its members by providing a medium LawrenceStreet, Montgomery,Alabama for the exchange of ideas and information related to 36104. Phone (205)265 -6200. Robln1on -Adam1 lnauranc e an Daniel foundation management, raising and allocating funds, developing public service programs, and accomplishing nounces that WUllam S. Dodson, Jr., law-related serviceobjectives. fomerlywith Ma)'nard,Cooper, & Cale, Daniel receivedher undergraduate degree from Huntingdon College in Mont hasbecome associated with the firm. The gomery,Al abama and her MBAfrom Auburn University.She has been director of mailingadd ress is 2200 WoodcreslP lace, the Foundation since 1987. • P.O. Box 530510, Birmingham. Alabama 35253. Phone (205)877-4500. • 150 I May 1993 THEALABAMA 1.AWY F.R THE LEGAL SERVICF.s PROGRAMSOF ALABAMAgratefully acknowledge the many lawyers, firms and individuals who contributedto the first Fund for Equal Justice campaign. Your support hasencouraged us and will help us in our goitl of making access to justice a reality for Alabama's pooc. J. Cl,qAU.. J. O.,id EUw...,..- l)ooald l.albct,o AaRoun111:e J, Kno~AtJO Dc:nRowe Co,pcntloa °""1:• A. Le.'l .i.m, Jr, C-l', Armllf.cht,11 GF-. Oanlc.l8Yant Ril& K&ylcu f.:tne'-tiaoS. Sapp 01,1 Armbrcoht H""l' 0. F<,odc Wandalewb J.Jl. Sawya, Jr. Beverly Duer ThomuLF<>ocr C\Jrth O. LIies, DJ Yvonne A. H. Suo n Delinda Uameu JohnM . Fraley 1.,oi..t H. Little, Jr. Roben Segall Sloan Ua,hln,ky Pntrlc:laO . l'raloy RoberttACb Kh1,y Sevier l,.1vecd1LM orgtn Oaulc Samuel II. FnnkUn J. Patrick Logan KlrkC.S h,w Jc:rol.ocke Oc.ulcy Ed Friend, Ill Don 11.Loni, Jr. Sleadman S. Shealy, Jr. fJcrb:twlll'.,.l.c lkovha, J.C.. UOanl...- Mleb>el S. L.ouman Floyd Shemxl hom & Kushner, P.C. W. Wilton Oam:u O,.mp Lyons, Jr. LyMShetrnd Sual0 II. Ocvlll Gayle IL ()cu Mera:rb Loogood Cw Ann Smith l•ma Dl.ltkffltt RobcnLQoca D.L Mll'1in James111'.'00lhy Smith ,.1arlcVt '. Bond lkodt Harold Spew laocphM , Drown,Jr . TommieD rownH tn.lwlc:k McRig)>t.J acboo, Donnao, Jim Spa ke Tbomu Haile 1Jry1nl O,arfca;R . Hare, Jr. Myrick and~ 1oore O,uct Spradling S. Orca Duq:c RondyS . Hayne, Tyrone~ 1can, Mary AnnS11ck bousc WUll11.m1>. nurac••· Jr. John Hcococ:k John I!. ~1edari., O,ar&c,A . Stak:cly, Jr. Robin L Durrell ). Fnnk Hcad 0;1ldey~1e llon. Jr~ Tom Stewar t llruce Uu rlUllm Uug.hH cndc.rM>n MIiier, Hamilton. Snider & Odom Edwltd Stlll Kcnnc::lhC.ln Kllbl«n 0 , Hcnck:tiOn AnneW . P..1itcheU klT)' 8. Stokca Marvin IL C,.mpbcll Wooda11 111 Phil D. Mitchell WIIIJ•m J. Sullivan.Jr . PatC.-1 Su•Earlel._ Cbadca Mmp.a IJr. Muily• 5....., David 0.1111'11• Roscoe 8~ Hopn ~B.Mo,gu Jobo ll. T"l'P"" llibfy L Chit Ralpb 0 . lloll>ns, Jr. l<.Eli,cM- 0ootiePc.ch Taylor Clw'b 1)k:r Out WUU... Kalgb . Vina ~1kh•cl J, Crow PaulW , Johm 1on l..ecOsborn Al I,.. V~cland llrucc Dalley Win Jobn! THE ALABAMALAWYER May 1993/ 151 BUILDINGALABAMA'S COURTHOUSES CHAMBERS COUNTY COURTHOUSE By SAMUElA. RUMORE, JR. The following continues a history of Alabama 's county courthouses - /heir origins and some of the people who contributed to their growth. The Alabama f,awyer plans to run one COWi· ty'.~story in each issue of the magazine. If you have any photographs of early or present courthouses. please forward them to: Samuel A. Rumore, Jr., Miglionico& Rumore, 1230 Brown Marx Tower, Birmingham, Alabama 35203. Chambers County Courthouse hambers County is another Alabama county created from the Creek Indian lands ceded lo the stale by the Treaty of Cusseta. Ln fact, the village of Cusseta is physically located within the ChambersCounty Gaul'lhouse, followi,Jg restoration boundaries of Chambers County. The county was established December 18, 1832. It was named for Dr. Henry Cham Legislature elected him United States the first governor of Alabamawho had bers of MadisonCounty. Senator. migrated from Georgia. It was, thus , Chambers was a native Virginianwho En route to Washingtonto assume his appropriate that a new county formed on came to Alabamaat the age of 22 in 1812 office, he stopped by his boyhood home the Georgiaborder should be named for after studying at the College of William in Virginia. While there, he was struck the prominent physicianand early polill and Mary and the University of Pennsyl· by an illness and died suddenly on Jan cal leader, Henry Chambers. vania Medical Department. He served as uary 24, 1826 al the age of 35 without An organizational election took place a surgeon on AndrewJ ackson's staff dur ever serving a day in the U.S.Senate. He in Chambers County on March 4, 1833. ing the Creek LndianWar. Later. Cham· was buried in the old family cemetery. Al this election Dr. Thomas C. Russell bers grew wealthy from his medical It is ironic that Chambers was suc and the broU1ersBaxter and James Tay practice and attained great respect in his ceeded as Senator by his old political lor were selected as courthouse commis conununity due to his civic endeavors. nemesis, Israel Pickens, who likewise sioners. Their task was to select a place Politicssoon became his passion. He was took ill on his way to Washington. Pick for the permanent county seat near the a member of the 1819 Constitutional ens never fully recovered and resigned geographicalcenter of the county and to Conventionand served in the 1820Leg . within the year. construct a courthouse for the newly islature. In 1821 and 1823 he ran for In all of his Alaban1a political activi formed county. The commission took its Governor, losing each election narrowly ties, Chambers was considered a leader job seriously and selected a site in the lo the winner, Israel Pickens.In 1824, he of the powerful "Georgia Faction," hav wilderness on a ridge between the Tal served as a Presidential elector for ing followed in the professional and lapoosaand Chattahoocheer ivers. Andrew Jackson. In l 825, the Alabama political footstepsof WilliamWyatt Bibb, Meanwhile, the first circuit court was 152 / May1993 THE ALABAMALAWYER held April20, 1833at the home of Cap Cameron were paid $9,500 for building Various improvements of the court tain BaxterTayl or, one of the courthouse the courthouse and $4,500 for building house grounds were made over the commi5$ioners.There were no cases to the jail. Becausemore than enoughcon years. On September25, 1848,the coun try, but a grand jury was sworn in and struction money had been raised due to ty contractedwith James E. Blandfor a retired to the shade or a big oak tree. the sale or town lots. ChambersCounty fence to surround the court square. The They returned a few true bills and then was,perhal)S. the only county to have its enclosurecould be entered only at steps adjourned. courthouse and jail completelypaid for crverthe fencelocated in front of the four The commissionersordered a survey without the nect5$ily orassessing any outside doors or the lower story of the of the countyscat locationand set a pub· taxes. courthouse.The cosl of this contract was lie sale of lots for October 22 and 23, This Chambers County Courthouse $250. This awkwardarrangement was 1833.The lots sold for good prices, and also has a few interesting distinctions. removed in November 1887when the the commissionrealized $ 15,703 for the First, the buildersknew they had a good steps were replaced by gates and a sale of the 92 town lots. designand this courthousewas duplicat- wrought iron fence. The fence was pur The county seal town was originally chased from the Valley Forge and calledChambersville and then Chambers F'oundry of Knoxville, Tennessee for Court House. In 1835, the name was $475 and it replaced the prior wooden changed to LaFayette in honor of the railing. This fence was later moved to French general and American Revolu· the LaFayetteCemetary when the next tionary War hero who visited Alabama courthousewas builL and had diedtht year before. The 1837courthouse was of solid con A temporary courthouse was built of struction and servedthe county well for splitpine logson the site that the county 62 years. Exceptfor routine paintingand surveyor had selected for the yeHo-be maintenance,no major repairswere ever bunt county Jail. This log structure was undertaken on the building. Still, in 20 feel square and, when not used for 1899,a decision\\'M made to replacethe public business, served as a meeting courthouse. The principal reason was place for local denominations until they the need for vaults to adequately protect could build their churches. This tempo Hl:tloric1narA·1r du/alls lll1tbcglrJnings ol lhe the county records. rary building was used until tJ1ecourt Chumbm CounlvCourlh()Us,,, The Chambers County Commission house was completed, and then it was sought the services of J.W. Goluckeof soldfor SIS and removed. the architectural firm or Golucke and The county commifsioners made a ed in three other counties o( Alabama. Stewart in Atlanta for lhe design of a contract with Joshua S. Mitchell and The courthouses at Tallap00sa,Macon new courthouse. Goluckealso designed Benjamin H. Cameronon May24, 1834 and Randolph counties followed the the Calhoun County Courthouse at for the cons1ructionof a courthouseand identical plan or the Chambers County about this same time. Phil Yeagerand jail. The contract wa.\quite Specific.stat Courthouse. Company.Builders, completed the con ing that tht courthouse was to have the Next, the courthouse contract called struction. The first sessionof the circuit quality and appearance or the Troup for its completionwithin 25 months or court took placein this buildingon Jan CountyCourthouse at nearby LaGrange. by June 1836.This deadlinewas not met uary 16. 1900. Georgia. This building had been the and the contract was not completed This newest ChambersCounty Court· recentwork of Cameron. until July 1837.The builders were not house Is a two-story red brick structure The courthouse in ChambersCounty penalized, however,because they had a with limestonetrim. It has four match was 60 feet long by 40 feet wide. It was a legitimateexcuse. Work was stopped due ing facadesand four identical cupolasat two-story brick struciure constructed in to the lndinn uprisings in 1836. The each corner of lhe roof. ln the center of the Creek Revival style. Mitchell and Indians had lost their treaty-awarded the roof is an elaboratedome which con lands for ridiculously low prices due lo tains the old clock removed from the the unscrupulousaction of certain white previouscourthouse. On top of the dome Samuel A. men. An insurrection resulted, ending is a statue or J uslice, standing today Rumore , Jr. with the removalof the Indianswest of without her scalesand without a sword, -A.Rumore.Jr ... o,aoua1a at Oie the Mississippiin the fall of 1836. but with a weathervaneattached to her Finally.the ChambersCounty Court back. ~"'OomeandN hou.sewas located in a unique position. This thiTd couTthouse building cost Urweri.cyol Alaooml Sc,,oolol t.awHe The county seat site rests on a ridge $30,000. lls style is generally termed - as lounclong between the Tallapoosa and Challa· "Late Eclectic". Differentwindows exhib -of lhe hoocheerivers. Rain fallingon the west· iL differing aTchiteclural innuences , AlabamaSta 1eBar s Family I.awS.Ction em side of the courthouse runs off into ranging from Creek Revivalto Victorian. and.a Inpt acticeIn the Tallapoosalliver. Rain fallingon lhe and other styles can be seen in various 8/rmlnghem wl1h 1he11 ,m of M1gr.on.oot R1,1rn":)l'e.. eastern side finds its way Into the Chat architectural elements U1roughout the RumoroIM! fVff a.1 tho bat C0tl'Vl"IIS"°"8 r lor the 10ti1 C1rcu,1,J>' nconumbOf lour tahoochee. structure. Tl-IEALABAMA I.J\WYER May1993 / 153 Pollowing World War I, an oak The result today is that the tree was planted on lhe courthouse Chambers County Courthouse and lawn. This oak came from the its surrounding historic square is Argonne area of France where many one of the most intact and well-pre Americans fought and died. It was served of any in the stale. The dedicated to the memory of the men major ity of the buildings on the from Chambers County who gave square were constructed between U1eirl ives in France.The tree died of 1880 and 1920, and a large number disease in 1972, but the next year of them retain their original look. local veterans planted a young tree The Chambers County Courthouse which was a descendantof the origi Square Historic District was entered nal. The living memorial continues. in the National Register of Historic Beginning in 1959 , under t he Placeson March 27, 1980. leadership of probate judge 0.0 . As a final footnote. Hollywood Alsobrook, the county began a long came to Lal'ayetle in J 988 because term restoration and maintenance of the well-preserved rustic court · program for the courthouse. First. like manyareas in Alaba.ma,Chambers Countg wa.s origi house square. The city was chosen Lhe roof was repaired. Then the nallyJh e site ofa11 Indian cfql/ization . as a major location for filming wiring system was replaced. The the movie "Mississippi Burning ". building was sandblastedand a coal Thus, the citizens of Chambers of sil icone was applied for waterproof ping walls and woodwork , repainting County realized a tangible and econom ing. Interior renovation proceeded over and then replacing old noors. This work ic benefit from the preservation of their the next ten years, which included strip· proceededslow ly room by room. rich heritage. • NOTICE TO MEDIATORS With the advent of the new Alabama Civil Court Mediation Rules. effective August 1, 1992, mediation has been officially approved tor use by our state circuit courts as an ADA approach to settlemen t In the litigation process. As a result, mediators will be needed to assist the cou rts in this new procedure. The Alabama State Bar Task Fo rce on Alternative Dispute Resolution is wo rking on the structured implemen tation of mediation . We are develo ping recommendat ions for adoption of (1) a Mediation Model with instructions, forms, etc., (2) standa rds for state court mediators , (3) mediator training programs, and (4) a system o f central coordination, management and cont rol of the mediation effort, which includes maintaining a statewide listing of mediators. The task force is in need of an "inventory" of our state bar licensed attorneys who are either trained mediators, through instruction and/o r experience , or prospects for future mediator status. While state court mediator status will not be restricted solely to licensed attorneys , we are focusing inttiaJly only on this group. Other trained profession· als, such as family counselors, will be considered at a later date. If you are a present or prospective mediator, please send a letter with your name, address. telephone number and fax number, with a brief summary of your media tor status (e.g., 15 years' experience In domestic relations, Amer ican Arbitration Associat ion certification. or prospect for training) to: Center for Disp ute Resolu ti on Alabama State Bar P.O. Box671 Montgomery , Alabama 36101 Upon receipt of your letter , you will be mailed an application form for mediator status. Marshall Timberlake, chairperson Task Force on AlternativeDispute Resolution 154 / May 1993 THEALABAMA LAWYER IN LABA MA frican-Americanl awyersrepresent a growingpe rcentage of the Alabamabar . Three hundred thirty-six black lawyers (3.3 percent of the bar) now practice law in this state, up from 250 (2.8 percent) in 1988.This issue of TheAlabama Lawyer examinesthe experienceand contributions of African-American lawyersin Alabamafrom severalperspectives. Our first article profileswhat author RaymondL. Johnson,Jr., a lawyerin the Birmingham UnitedStates Attorney'soffice, ca lls black pioneer lawyers - those living individuals who first broke the Alabama bar's color barrier and won major reforms for clients challenging segregationin this state. A secondarticle by Montgomerylawyers Cynthia Clinton and Anital THEALABAMA LAWYER May 1993/ 155 AFRICAN- T LAWYERS BLACKPIO NEERLAWYERS IN ALABAMA- LIVINGLEGENDS By RAYMONDl. JOHNSON,JR . The history of living blacklegal pione ers in Alabamai s also the history of the civil rights movement in Alabamaand America.The strategies employed by these attorneyswere the main force in shapingwhat Dr.Martin Luther King, Jr. later termed, "The Dream." This articleexplores so me of the experiencesand accomplishmentsof black pioneerl awyersin this slate. though he never consideredbecoming a before the senior law school class at judge. Aftercompleting grade school in Howard. Selectedsenior class students Alabamaand his undergraduatestudies acted as Supreme Court Justices and at TalladegaCollege in Talladega,Alaba asked the attorneys difficult questions ma. he went on to obtain his law degree that they anticipated the Court might fromHoward Un iversitySchoo l of La,v. ask the next day. This exchange with During his matriculationat Howard, Howard law students and facultywas a Justice Adamswas innuenced by greal common practice for civilr ights lawyers legal minds and architects of constitu· who had cases before the Supreme tiona l and civil rights law such as Court. Often Justice Adamswou ld also Justice Oscar Adams, Jr. Charles ll amilton Houston, Dean visit Justice llugo Black, since Justice WilliamHastie. and Judge Spottswood Adams'father was a good friendof Jus Justice Oscar Adams,Jr. was inspired W. Robinson.A!. a lawstudent, he would tice Black's. to bea lawyerby his father,a noted pub frequently Lake a bus to the United Justice Adams' father encouragedhis lisher and owner of the Binningham Slates Supreme Court to watch oral son to return lo Alabamato help resolve Reporter, Crand Chancellor of the arguments in cases before the Court. the problemsblacks faced at home. Jus Knightsof Pythias, and E~ecuti,-eSecre One argument that be vividly recalls tice AdamsapJ)tied to take the Alabama tary of the M\.E. Zion Church.As a boy, was Morgan v. Virginia' in which the bar exam, but he was not assigned an JusticeAdams was frequently challenged Court upheld the power of Congress, examination number or given permis by his father to discuss, at the family pursuant to lhe Commerce Clause, to sion to $it for the exam. A week before dinner lable, in a lawyer-likefashion. prohibit raciald iscrimination in the use the bar exam, in desperation, Justice importantcivil rights issues.At the early of interstate commerce.T he day before Adams called Douglas Arant, a white age of 12. Justice Adamsdecide d to go oral argument to the Supreme Court, Birminghamatto rney and acquaintance, to law school and becomea lawyer.al- the plaintiffs' attorneys argued the case who was on the Character and F'itness 156 / May 1993 THEALABAMA LAWYER Committee of Lhe bar. Justice Adams Adamsabout the segregationlaw. Justice County and several other cities. His law inquired about the delay and expressed Adams told the bailiff that he did not firm, Adams, Baker & Clemon, as local his concern about rumors that the bar knowanything about the law,and it did counsel for the NAACPLegal Defense might nol want another black lawyer, not applyt o him anywaysince he was an fund, took on major employment dis since Arthur Shores was alreadya black attorney. crimination cases against United States praclicingattorney. According to Justice The bailiff approached the bench and Steel, AmericanCast Iron Pipe Compa· Adams,Arant personallyca ll ed lhe secre whispered to Judge Hall. L.ater,when ny, and Pullman Standard Manufactur· l~ry of the bnr and demanded that Jus Justice Adams,acting as a special prose ing Company (recently settled with a tice Adams Immediately be given his cutor, got up to handle his case, Judge substantial attorney fee award). His firm exam number. The next day, Justice Hallsaid, onlypartly in earnest," l under was nlso involedin Title Ii public accom Adamsgot his exam number. sat for and stand you wouldn't obey the bailiffwhen modation, voting rights, and housing passedthe Alabamabar. he asked )'OU to sit on the coloredside." discriminationcases. Today,U. W. Clem· At that time. the only other black Justiu Adams respondedthat he did not on, one of Adams' former partners, is a la,">u actil-elypracticing law in Alabama know the segregation law applied to United States District Court Judge for was Arthur Shores. Justice Adams fre. lawyers.Judge Hall replied, "So you did the Northern District or Alabama.James quently called upon Mr. Shores for legal disobeythe bailiff.You go lo jail." Justice Baker. the firm's third partner, recently advice.He also recalls that he had very Adams was arrested and taken to jail. retired as city attorney for the City of good relations with white members of L.ater. he was broughL back into the Birmingham. the Alabamabar. His practice focusedon courtroom and Judge Hall asked him if Justice Adams says that, in his view, collecllons.real estate, tort and probate he wanted to purge himselfof contempt the number oi black lawyers today re cases. for disobeyingthe bailiff.Justice Adams flects the significant progress of blacks It was not until the middle 1950sthat asked, "Are yau going to try me for con in the legal field: when he started his Justice Adams began handling civil tempt?" Judge Hall said yes. Justice practice,there were only twoblack attor· rights cases. Justice Adams painfully Adamsasked Judge I !all for a lawyer,and ncys (Oscar Adamsand Arthur Shores) remembershaving to try his cases before a battery of lawyers who were nearby practicing law in Alabama;today, there all-white Juries, because only a token stood up to represent him. The trial for are se1oeralhundred. But, he is quick lo numberof blackswere on the jury venire contemptcommenced and Justice Adams add, the percentage of black lawyers and most white prosecutors and civil found himself challenging the Birming (approximately4 percent) in the bar is attorneys commonly struck blacks from ham segregationlaw. Justice Adamssays still very lowcompared to the total num· the petit jury. which lessened Justice that he was preparedto appealthe case.if ber of lawyersin the state. Other signs of Adams'chances to win jury trials. Conse he were convicted, to the United States progress, Justice Adams comments, are quently, he would only try those cases Supreme Court. However, during the more black judges and prosecutors. He that he was sure he would win. Today, trial, Judge Hall apparently paused and further indicatesthat black attorneysare the issue of striking blacks off of juries reflectedon the enormityof the issue. He better off todaythan they used to bt. but has not completelyabated, but with lhe told Justice Adams that since he was far from where they ought to be. recent Batson ruling .' attorneys can there for a legitimatecourt case,as a spe "ring a bell " and the problem can be cial prosecutor and not to create a test remedied.Justice Adamsma intains Lhat case. he would dismiss the charges now, as a Jus tice on the Alabama againstJust ice Adams. Supreme Court, he is sensitivelo Batson Severalyears later, after passageof the t~'Pecomplaints. 1964 Civil Rights Act, Justice Adams Justice Adams humorously recalls an recallshaving trouble getting admitted to incident that occurred in the mid-1950s the BirminghamBar Association because before Judge Olil'er Hall, a white judge it refusedto accept black lawyers.Again. presiding over the old Birmingham Justice Adams called upon his ally, Dou· police court. The courtroom seating was glas Arant, who intervenedand got Jus segregated,with blacksrequired lo sit on tice Adams admitted as the first black Orz e ll Bllllngsley one side of Lhe courtroom and whites lawYerin lhe Birminghamt>ar. seated on the opposite side. However,it While In private practice, Justice ln March 1953, a young white Selma was Lhepractice of black lawyers lo sit Adams.a.long with other Alabamalaw woman telephoned the police and told behind the rail on any side they wanted. yers, represented Dr. Martin Luther them that she had been rapedby a black While Judge Hall was trying a casethat King,Jr. in Dr. King's civil disobedience man during the nighL She said she only preceded Justice Adams' case. Justice cases. Justice Adams also handled .sawhis eyes, b,ecausehe was wearing a Adams sat on the "white side" of the a number of civil rights school desegre mask. In April 1953,the daughter of Sci· courtroom. Judge Hall's bailiff ap gation cases. including Armstrong u. ma's mayor said a black man assaulted proached Justice Adamsand asked him Board of Educationof the Citg of Binn her while she was asleep. The mayor's to sit on the "colored side." Justice ingham, Stout u. JeffersonCcunty Board daughter reportedthat she could not see Adams asked, "Por what reason?" The of Education, and other such cases in the attacker's face because he had a bailiff respon ded by telling Justice Etowah County, Bessemer, Lawrence towelwrappe d around his head. She said THE ALABAMALAWYER May1993 / 157 lhat she fought him off and he ran. white religiousleaders. which he gave to restaurant. sat at the counter and Whiles In Selma were In an uproar. Mr. Billingsleyon his visits.Mr. Billings ordered a hamburger and Lea. The wait Black males in Selma were arrested and ley then had the handwritten sheets ress said she would serve him but he questioned at random. A couple of typed. The result of this effort was the would ha"e to ITIO\'e to the "coloredsec months afiu this incident, a black man famous letter from a Birminghamjail by tion." WhenMr. Boyntonrefused, he was named William Pikes was arrested, and Dr. King. arrested, tried, convicted and fined b}• after intensive interrogation, the police Mr. Billingsleyproudly recalls being the Police Justice's Court of Ric:llmond claimed they had a confession. During the founder and president of the Alaba on a charge of unlawful trespass. After the trial of the rape of the first white ma Democratic Conference (ADC). To Mr. Boynton lost several appeals woman, Mr. Fikes was represented by a day, this is the largest and oldest black in the Virginiacourt system, the United white attorney before an all-white jury. democraticorganization in the state. States Supreme court granted certiorari Mr. Fikes was identified by the victim Mr. Billingsley, along with Mr. Chest on lhe question of whether his convic based on his eyes. his voiceand his con nut, led the light to get blacks in the jury tion violated the Due Processand Equal fession,and he was sentenced to prison system in DallasCounty and other Black Protection Clauses of the Fourteenth for 99 years. For the second trial, involv Bell counties. He worked hard for voter Amendment.. ing the mayor's daughter , the NAACP registration and voting rights for blacks Beforethe Supreme Court, Mr. Boyn sent Birmingham allorneys Orzell in Alabama. ton \vas represented by lhe director of Billingsley' and Peter Hall lo represent One of Mr. Billingsley'sbiggest weap the NMCP LegalDefense Fund, the late Mr. Fikes. Mr. Billingsleywas another ons, according lo those who knew him, Thurgood Marshall,later to be Justice of fiery activist and a Howard University was that ·no white person could intimi the United States Supreme Court. The Law gl'aduate.He and Mr. Hall wtre the date him, and he could intimidate the Supreme Court decided not to address first black attorneys to try a case in Dal hell out of a 'redneck'." One prominent the Due Process and Equal Protection las County. Mr. BIiiingsieyand Mr. Hall black Alabamaattorney sald, "Blacks in Clauseissues ; instead.it decidedthe case challenged Fike's indictment because Alabama owe Mr. Billingsley a debt of on a more narrow issue which it raised. blacks were excluded from serving on gratitude because of his tenacious and sua sponte: whether Mr. Boynton'scon the grand Jury. They also challenged the forceful representalionor blacksand the victionviolated the interstate Commerce petit jury, since no blacks had ever poor." Act. The Supreme Court decided that served on a trial Jury in Dallas Cow1ty. segregated restaurant seating arrange The motions were denied and Mr. Fikes ments by interstate carriers, bus or rail, was convicted and sentenced to death. did violate the Interstate Commerce Act.' However, because of the arguments This decision was later used by James made by Mr. Billingsleyand Mr. Hall,the Farmer, National Director or CORE,to U.S.Supreme Court overturned the sec start a new lnltiallve, a "Freedom Ride," ond conviction because the confession to challenge segregated restaurants in was not voluntary. Mr. Billingsleyand bus stations in the South. Mr. Hall had made new law relating to Mr. Boynton·s troubles did not end, confessions. however, when the Supreme Court Mr. Billingsleybecame a leading legal decided the Virginia case in his favor. advocate for blacks in Alabama. He Bruce Boynt .on After his graduation from Howard, he helped incorporatemany small, predom returned to Alabama, and took and inately black towns in Alabama-such as As Bruce Boynton, a black Howard passed the bar exam. However, as Mr. Forkland, RooseveltCity, Bogue Chitta, University law stude nt, boarded the Boyntonnow tells it, for six years there Whitehall, and Memphis-wh ich result T'railwaysb us in Washington, D.C., head after the stnte bar investigated the cir ed, Mr. Chestnut said, In these towns ed for Montgomery. Alabama,he had no cumstnnces surrounding his arrest in getting running waler and some power. idea lhal his lrip would sd In motion a Virginiaand refusedto admit him. pend "Some of lhe first black elected officials legal conflict that would have to be ing the conclusion or the investigation. in Alabamawere mayors or the all-black resolved by the United States Supreme In I 964, the United States Congress towns Orzell incorporated," Mr. Chest Court, and start a nightmarish struggle passedand PresidentLyndon B. Johnson nut said. with the AlabamaState Bar that would signed the Public AccommodationsAct, ' When Dr. King was arrested in Birm hold up his bar admissionfor six years. which e[(eclivelyended discrimination ingham and placed in jail. Bull Connor Mr. Boynton was headed home to in all public places, including bus and at first personallyprevented black attor spend lime with his familyon a Christ train terminals. Shortly thereafter, Mr. neys from seeing Dr. King;however, Mr. masbreak from lawschool. The year was Boyntoncontacted Judge John B. Scott. Billingsleywas later one of the attorneys 1958. At approximately 10:40 p.m., the then secrttary of the AlabamaState Bar, who was allowedlo see Dr. King. While bus driver announced that there would and asked him if he would help him Dr. King was In jail. several while reli be a 40-minute stopover in the Rich obtain his Alabama license, since the gious leadersspoke out critically against mond Trai lways Bus Terminal. Mr. Public Accommodations Act was law. Dr. King. Dr. King spent his time in jail Boynton, tired and hungry, got off the Judge Scott agreed, got the necessary drafting a handwritten response to the bus, wenl into the terminal, entered the Alabama Supreme Court signatures on 158 / May1993 THE ALABAMALAWYER the license. and finallyswo re Mr. Boyn jamin Quarles, a noted historian, and banks asking the banks not to lend me ton into the bar in his own office. Daniel Thompson, an eminent sociolo any money to set up an officeto practice Later in his legal career. Mr. Boynton gist, to attend Howard University Law (law in Selma]." Mr. Chestnut maintains represented Stokley Carmichael .. who School. "They suggested that l put the that it was a difficult time for blacks in was in Alabama for a voter registration saxophone down, come out of the Selma. There were no black law enforce drive. Whilein Alabama,Car michaelwas French Quarter fin New Orleans) and ment officersor political office holders. involved in a violent confrontation with make somethingo f myself." At the time, "The only blacks with jobs downtown police in Prattville,Alabama. Mr. Boyn Mr. Chestnut considered himself a very were barbers, janitors and messengers." ton got the charges against Carmichael good saxophone player,yet he took their He says that he was never forma lly dismissed in exchangefo r an agreement advice and attended Howard University adm itted to the Dallas County Bar, that Carmichaelwould never return to La1vSchool. although severalyears after he began his Prattville.Mr. Boyntona lso represented Mr. Chestnut's classmates al Howard practice, he received a letter inviting SNCCChairman Ii. RapBrown on crim included Vernon Jordan and Douglas him to a bar meeting, and he did attend. inal charges in Alabama. Wilder,now Governorof the State of Vir He had to learn how to practice law by Later in his career. Mr. Boynton was ginia. Mr. Chestnut was immensely im trial and error since there was no one beaten by a deputy sheriff in Wilcox pressedwith what he saw while a student else to "teach him the ropes." Occasion County. As a result, Mr. Boyntonalways at Howard.Fo r example, one day he sat ally, he would seek legal advice from carries a Smith & Wesson.38 for protec in a large law school classroom and attorneys Peter Hall' and Orzell Billings tion. At times, he has had to practice law watched noted black lawyers, such as ley in Birming ham. Mr. Chestnut with bodyguards. WileyBra nton, Herbert Reid, Sr., James remembers the environment in the Mr. Boynton remembers that he re Naibretha nd Robert Carter, attorney for courtroom as being "extremely hostile." ceived outward opposition from many the NAACPL egal Defense Fund, drill The judges referred to the white attor members of the white bar in Selma, Thurgood Marshall, then director of the neys by use of a title, like "Mr." or "At where he practiced. However, he does NAACPLega l Defense Fund, on ques torney", but they referred to him as recall that some attorneys like Harry tions that Mr. Marshall could expect to "J.L.". "For a long time, I could not sit in Camble and Harry Camble, Jr. did, on be asked during oral argument by the front of the rail, I had to sit in the au occasion, extend a hand of assistance. U.S. Supreme Court in the second case dience," Mr. Chestnut recalls. He said, Mr. Boynton proudly recalls desegre of Brown u. Board of Education of To "Judges took every opportun ity they gating the Monroe County courtroom's peka', a case challenging segregationin could to cut [me) down and embarrass segregatedsealing arrangement in 1966. the public schools. (me)." In 1959, he recalls raising an ob Al that Lime, black spectators could only While at Howard, Mr. Chestnut and jection at trial to the admission into evi sit in the balcony.Mr . Boynton'sobjec severalst udents sued the University over dence of a deed that had not been signed tions to this practice by Judge Robert E. landlord-tenant disputes. Howardowned or authenticated. The opposing counsel Lee l THE ALABAMA LAWYER May1 9931 159 box. Mr. Chestnut. along with Orzell Co.. Atlanta Ll(e Insurance Co., North the allegedvictims were in the audience, Billingsleyo( Birmingham,also tried the Carolina Mutual Insurance Co., Pilgrim and they told Mr. Davis they had their case thM gave black doctors hospital Health and Life.and Davenportand Har shotguns hidden in their overalls.When privilegesin Mobile.Alabama. Black doc ris Funeral Itome. Mr. Davis and Mr. Hall were travelling tors formerly had to turn over their He recalls that the Alabama State Bar on a highwayback to Birmingham,those patients to white doctors once their hasalways been an integrated bar. mean men followed them in their cars and patients were hospitaliied, since the ing that every lawyer. black or white, tried to sandwichMr. Davis'car be.twien bladt doctors did not have hospital pri· who was licensedto practice was a mem their two can. Mr. Davis,not known for vileges.Mr. Chestnut and Mr. Billingsley ber of the bar. However,the state bar has any high speed driving skills, luckily changed that Policy. Mr. Chestnut also not alwayshad a goodpassing record for managed to out-maneuver the lead car tried major voting rights, employment blacks who were required to sit for the and speed away. In 1963, Mr. Davisand discrimination,and housing discrimina bar examination. Mr. Davis notes that two ball bondsmen were arrested in tion cases. In Selma during the turbu one while bar commissioneri mplied in a Birmingham and sent to jail for repre lent l 960s. he representedOr. King, Rev. letter years ago that there was a deliber senting the original l'l'eedom Riderswho Ralph Abernathy, Dick Gregory, noted ate intent lo prevent blacks from passing came to Birmingham on a Trailways auU1orJames Baldwin,and hundreds of the bar. Bus. Al the time of the arrest, Mr. Davis others on civildisobedience charges. Mr. Davis recounts that the Birming was sitting in his car on the corner of Mr. Chestnut says that black lawyers ham Bar Associationwas not originally 4th Avenue. North and 19th Street, al have made significant progress. "They integrated. Ht said that it did not open the TrailwaysBus Terminal (the site is are making money now and are recog its doors to blacks until 1971,when Gen now a parking lot). wailing for the nized as skilled attorneys." Also. the eral E. M. Friend, a Jewish attorney. arrival of the next bus load of Freedom rules have changed to include di~ry. became president of the Birmingham Riders. As Mr. Chestnut says. ·You know as Bar. In 1974, Mr. Daviswas elected to In the Birmingham city courts. Mr. much about his [your opponent's) case the Executive Committee of lhe Birm Davisremembers judges, such as a Judge as he knows. When I starte d out. we ingham Bar, and in December 1983, he Brown.who did not want black lawyers threw a brick and ducked." was elected president of the bar and to sit within Lhe railing. Judge Brown served as its nrsl and only black presi required black ta,")lersto sit on the row dent. UnderMr. Davis'term as president, where the defendantssat. Mr. Davisa lso the association moved Its headquarters recalls hnvlng to go outside the court from the Jefferson CountyCourthouse to rooms to get water. and seeing signs Its present location in lhe Neighbors, over the waler fountains marked "Col MorrowBuilding. ored."Mr . Davissaid he alwaysdrank out Mr. Davis also handled his share of of the "White" water fountain, and no criminal cases, including sharing with one ever told him not to. He also recalls Orzell Billingsley, Fred Cray and J.L. that some of his white colleagueswould Chestnut in the defense of the well drink out of th e "Colored" fountain known Rev. Lewis Lloyd Anderson who be.causethey wanted to know how the was convicted of manslaughter. This "Colored" water lasted. Happily. Mr. J . Mason Davis conviction was later overturned by the Davis can state that he "tried cases all Without debate. J. Mason Davis is U.S.Supreme Court. Also,Mr . Davisand over the state and general!)•was treated affectionately regarded as the historian Mr. Billingsley represented Mr. Caliph with a greal deal of deference and of black progress and deveJopment in Washington of Bessemer and the stu respect by the clerks of the court in the Alabama.Mr. Davishas an uncanny abil dents in the Huntsville publicaccommo small counties." I-lesays that this was ity to recall dates. names and events. dation sit-in cases. Mr. Davis says it was done because "they wanted you to take Mr. Davis was lnnuenced to take up very scary practicing during those days. back lo Birmingham the story that in law by Walter Harris, Mr. Davis' uncle, because law enforcement was trying to the rural areas, a black lawyeris accord who. in 1912. helped found Protective protect a "wayof life.'' ed \\•ithsome dignity." Industrial lnsurance Company. one of Because of motel segregation laws. The major problem that Mr. Davissaid his familybll!lnesses. Mr. Davisgraduat when he travelledfar out of Birmingham he had wa.swith the jury system. Again, ed from State University of Nev.•York to try ~s. Mr. Daviswould drive back blacks were not on the petit or grand School of Law in 1959. Mr. Da\•is home at night and get up early the next jury until the late 1960s.The jury rolls returned t.o Alabama~use he wanted morning to dri\'t back lo court. He said in those days were filled with people to help the family run its insurance and that he never knew if he would have a "who had a MountainBrook address and funeral home businesses.DavenPort and confrontation with the police. Once. in a Treemont telephoneexchange." There Harris Funeral Home, the other family 1961, Mr. Davisand Peter Hall went lo fore. it wasdifficult to win a jury trial. "It business. was established in 1899. Mr. AnnistonCity Court lo defend two blacks was common practice that if we had a Davis' praclice has always been focused charged with shooting two white men in goodcase, and had to try it beforea jury, on commercial law. His clients have a Texas style shoot-ouL Several whites we would associate a while lawyer.And included Protective Industrial Insurance who '"ere familymembers and friendsof we had to split the attorney fees with the tGOI May1993 THE AI..ABAMALAWYER white lawyer,"Mr. Davis says. He further clients was Mrs.Rosa Parks, a long-time ing policyon Montgomerybuses and the said, "\Vehad to associatea \\lhitelawyer , friend. A tired and drained Mrs. Parks bus boycottended. Mr. Cray remembers othenvise. your client probably would was arrested DecemberI , 1955when she that when his role in the bus boycott sue you for malpractice." refused to surrender her bus seat to a gave him greater visibility,his draft sta Mr. Davisdoes recall white attorneys white male. Mr. Cray's representationof tus changed from a 4-D (a clergyman's who helped him in his practice, includ Ms. Parks propelledhim into the leader exemption he was entitled to since he ing Chester W. Austin, Colonel Cramp ship ranks of the Montgomerybus boy was an assistant minister) to l·A (ready ton Harris, Abe Berkowitz, A. Leo cott, in which more than 60,000blacks for activeduty). Oberdorther,and several Jewish lawyers. refused to ride Montgomery buses. Mr. Cray'scivil rights activismlanded Today,Mr. Davissaid the atmosphere Although Ms.Parks was foundguilty , and him in another Supreme Court issue, in the courts is totallydifferent because her state court appeal was lost on local this time the landmarklibel case of New it is not as raciallycharged as it was dur technical grounds, the bus issue was York Times v. Sullivan." Mr. Cray rep ing the 1960sand early 1970s.He said resolved in another forum. BecauseMr. resenteda group of ministers, including that Birmingham has made tremendous Cray and other black attorneys felt that Dr. King,who signed a letter advertise progress since those early days. "l go to the Alabamastate court system did not ment in the New York Times which Michigan, New York, and other states, provide equal protection of the laws to solicited funds for the civil rights move and the progressthat has been made in blacks, they developed a strategy of ment. The ad mentioned the Mont this state far exceeds the progress that removing as many of their civil rights gomery bus boycott and the brutality has been made in the large Northern cases as possible to the federal courts. that the demonstrators faced at the states where you have large populations Such was the case in Browderv. Gayle.' hands of city officials. L.B. Sullivan, of blacks," he said. Today,Mr. Davisis a when Mr. Cray represented Mrs. W. A. Montgomery's Police Commissioner, senior partner in the law firm of Sirote, Gayle. In Browder, the United States sued, claiming defamation. The Mont Pemutt. Supreme Court affirmeda lower court gomery Circuit Court awardedSullivan ruling that declaredthe state's segrega damages; however,the Supreme Court tion statute unconstitutional.As a result reversedand held, in part, that where an of that decision, there was no longer a elected publicofficia l sues a "citizencrit legal justification for a segregatedseat- ic" of government for defamation, the Fred D, Gray LANDTECH86 The list of black legal pioneers in Real Estate Settlemen t System Alabamais not completewithout Fred D. For Laseror Matrix Printers Cray. Mr. Cray, born in Montgomery, Alabama, graduated from Case Western ReserveUniversity Law School in 1954 • HUD 1 Automatic Calculations and returned to Montgomeryto begin • Checks & Escrow Account ing private practice. Mr. Cray was not allowedto attend law school in Alabama, • Word Processor - Spell Check becauseof his race.As was the casewith Policies & Commitments other black students seeking law Deeds & Mor tgages degrees,the State of Alabamapaid a por • Data Base Reporting (SQL) tion of Mr. Cray'slaw school expenses on • On Site Training Available the condition that he attend a law school outside of Alabama.Mr. Cray's contact $1,495 .00 with noted law professorsat CaseWest ern Reserve helped to shape his rich legal education.Another formative expe rience for Mr. Cray occurred when, as a student, he was arrested in Birmingham LANDTECH CORPORATION for using a white-onlyrestroom in the (407) 833-0454 train station. Mr. Cray returned to the 303 Guaranty Building • 120 South Olive Avenue • West Palm Beach, FL3340 1 South to help fight discriminationand segregation. One of Mr. Cray's first THEALABAMA LAWYER May1993 / 161 First Amendment applies and ·'guaran result of Mr. Cray'ss uccessful legal feats, segregation and discrimination in state tee(sJ the right of the 'citizen critic' to Dr. King retained Mr. Gray as one of his institutions of higher education in the criticize his governmenL"" principal attorneys. state of Alabama. Mr. Cray also handled voting rights Mr. Grayis also noted for representing cases. In l 960, in associat ion with Charlie Pollard. Over 40 years ago, U1e Arthur Shores, Mr. Gray argued in the U.S. Government induced rura l black case of Gomillion u. Lightfoot" before males lo become involved in the the supreme court. The Alabama Legisla Tuskegee Syphilis Study. They were nei ture had passed an act gerrymandering U1er informed nor treated for syphilisb y all but four or five of the blacks out or the Government.The suit resulted in a the Cityor Tuskegee, whileno t removing final settlement a\\•ard in excess or $9.5 a single white voter or resident. Mr. Cray million. represented the black residents. The Between 1970· 74, Mr. Cray served in supreme court held the statute was un the Alabama House of Representatives. constitutional and enjoined its enforce Mr. Cray continues to handle civil rights Charles D. Langford ment. cases. Recently, he representedAla bama Mr. Cray also represented the Free· State University in a federal case seeking Inspired by his mother. Lucy B. Lang dom Riders in the state or Alabama.As a to eliminate all remaining vestiges of ford, Charles D. Langford left Mont gomery to atten d Catholic University Law School in Washington, D.C. ln the 1950s, white students who attended the University of Alabama did not have lo take U1e bar exam but were admitted to ·the bar, upon motion to the AlabamaSu preme Court. Black students. of course, were not admitted to the Universityof Alabama Law School. Thus, Mr. Lang ford had to take the Alabama bar. He recalls that in 1953. there was no bar reviewcourse in Alaban1a to help prepa ration for the exam. Despite this adversi ty, he prepared for and passed the bar exam. Mr. Langford set up his practice in Montgome ry. There were only a few black attorneys in the entire stale. so when he would walk into court "every one would look very surprised to see me," he said. Mr. Langford states that he did get his share of bitter and angry looks, and he always felt cognizant that he was a black man practicing law in an all-white profession. When he did appear in court in surrounding counties, many times the court would ask him to show his bar card. He recalls that be once sat and watched Peter Hall. a black Birming ham attorney. try a jury trial in circuit court. During closing argument to an all-white jury, the judge instructed Mr. Hall not to look at the jur y but to address him. Mr. Langford said thitl the incident was humiliating to both Mr. Malland Mr. Langford. Mr. Langford remembers assisting in the representation of individuaJs who were arrested during the Montgomery bus boycott.in cluding Dr. King and Ms. Rosa Parks. Mr. Langford also fought in 162 / May 1993 THEAL<\ BAMALAW YER court for the desegregationof the Mont Nabrit, Jr. and Professor Herbert 0 . or the appropriate tit le. Even today, gomery public schools. Mr. Langford Reid,Sr. many black attorneys and judges are saysthat he is happyfor the changesthat After graduating in 1958, Judge Pear sensitive to such informal references haveoccurred for black attorneys,and is son returned to Birmingham,passed the unless the referenceis made in an appro particularly pleased to see more black bar exam. and started practicing law. priate environment and by a genuine law firms and black lawyers getting a Judge Pearson remembers that he could friend. variety of different cases that they did not participate in the activities of the Judge Pearson remembers the snubs not get when he started practicing law state bar or the Birmingham Bar be that many black attorneys received in for example,representing cities, counties cause he never received any notices of the county library. He said, "When and the State. Mr. Langfordsays, howev events,committee meetings or activities. blackswent to the law library on top of er, that black lawyers still do not get He does recall receiving an application the courthouse, we had to sit down, their fair share of government bond from the BirminghamChamber of Com write on a piece of paper the books we counsel work and other government merce. He filledout the applicationand wanted, and, when the librarian had cases. Mr. Langford is trying lo make sent it in with the requested member lime, he would go get the books for us changes in this area, since he currently ship fee. However, he recalls, several - we could not circulate like the white servesas a state Senator. days later, two white men walked into attorneys." He further said, "The librari his downtown office, handed him his an said he was doing us a favor. I guess application and fee and told him they he thought we didn't have enough sense could not accept it, since blacks could to know how to use the library, even not join. though we finishedlaw school." At the commencementof his practice, Once, Judge Pearson and Justice Judge Pearson handled tort and civil Oscar Adams. then practicing attorneys, rights cases. Whenever he had a good went to Selma to look at some court tort case that was going to be tried records that were in the basementof the beforea jury, he v.•ouldassociate a white courthouse. They were accompaniedin lawyer.Judge Pearson said that he man the basement by a white court clerk or aged to find white lawyers who would secretary."Oscar responded to her Ques split the fee recovered, fifty-fifty.The Judge J. Richmond Pearson tions by saying' yes' or 'no'. Andshe told normal practice , according to Judge Oscar that blacks couldn't addressher by Judge J. RichmondPearson wanted to Pearson, was for black lawyerswho asso stating 'yes' or 'no', that they had to be a lawyerall of his life. He was reared ciated white lawyers to give their white address her as 'yes, Ma'am'. She stood in Birmingham, and he said that he counterparts two-thirds of the total fees there and insisted that he refer to her as never thought of any other profession. earned or awarded. Judge Pearson felt "yes. Ma'am." Judge Pearson said that, He said that he is still surprised that he that a fifty.fiftysplit was fairer because without much choice, Justice Adams is a circuit court judge, becausehe never blacks had to associate with a white responded as she requested. "You thought of being on the bench. After attorney merely because of the black couldn't blame him for saying it, because graduating from MorehouseCollege in attorney's race. if he did not say it, there is no way of Atlanta, Georgia, he attended Howard Judge Pearson recalls the humiliation knowing what she would have said we University Law School. Al Howard, he and hostility that black attorneys, vic did to her down in the basement.So he participated in many of the preparatory tims, defendantsand witnesseshad to go said it. we got out of there and got out of mock U.S. Supreme Court hearings for through in court. Blacks were referred to town." those attorneyswho had cases scheduled by their first name or without their Judge Pearson recalls representing for oral argument on the Supreme Court appropriate surname or title, while Rev.rred L. Shuttlesworthand Dr. King docket. He was greatly influenced by whites were referred to by their last when they were arrested for sit-ins and legal thinkers suc h as Dean James names coupled with Mr., Mrs., Attorney other civil disobediencecha rges. Judge TELEPM ONE FACSIMILE (205) 328-9111 (205) 326-2316 Traffic Accident Reconstruction ANNA LEE GIATIINA ATTORNEY· MEMBEROF ALABAMABAR S JNCE J987 ALBERT MED INA Anna LeeOta.u lna.P .C. 'TrafficJl!cciatnt Consuftant/RJconstmction.i.st ThePl a:a Building 3t t-,h11,71oliaOffice P ark Suite 218· 2112 Elcventl, Avenue South 81m,lngh•m, Al:100111" 35205 P.O. BOX 240934 MONTGOMERY.ALABAMA 3612• (205) 2n •7ll29 ~--RESEARCH...... • BR...... IEJ\\'RITI,.,_~ • WEST\.AW.... .___.._ • A SS....IS1'AN..,. C& ....,_,__ I~ CA.St rttJ!PAMTION.._\oil,,_~ THE ALABAMALAWYER May19931163 Pearson believes that blacks have made decided that she would take the uncon the area of general law, emphasizing in tremendous progress since those days, vent ional route and become a lawyer employment law, welfare rights and con noting that blacksare now on the bench insteadof a teacher. In 1966. she enrolled sumer law. and serving as federal, state and county at Harvard University Law School. At She recalls that her experiences with prosecutors. Harvard, she met Henry ("Hank") Sand sitting judges 111ere the most difficult. ers, now her husband and law partner. Once, in a custody hearing , a Clarke Her parents lived on 9th Court, West, County Circuit Court judge had her Birmingham,(aka, ''DynamiteHill "), and arrested and held in contempt. Prior to durin g the tumu ltuous period when the custody hearing. the judge had said homes were bombed, she decided she that he would continue her client's case. wanted to see other places besidesB irm She reminded the court that under ingham. However, Mr. Sanders was Alabama law the hearing had to be held devoted to fighting for civil rights in that day. The judge then threatened to Alabama, and in 1970, he persuaded Ms. keep her in court until midnight. Ms. Sanders to return. Several years later, Sanders responded,"So be it.'' She was Mr. Sanders opened up his practice in Lhen arrested and held because or her Rose Marie Sanders Se!ma and persuaded Mr. Chestnut to comment and her refusal to apologize. join him. As a result, in 1972, the now A court experienceMs. Sanders vividly With few professional employment well-knownfir m of Chestnut, Sanders & recallsoccu rred in the 1970s in Marengo options available for a young black Sanders was start ed. f'or the last 20 Count y. During a trial. Ms. Sanders womanin the South, RoseMarie Sanders years, Ms. Sanders' practice has been in questioned the absence of blacks on the jury. The prosecutor, in response,ca lled an employee from the sherifrs depart ment who testified that blacks confessto crimes more often than whites which he said was an indication that blacks were intellectually inferior to whites. Thus, he You'llBe Seeing reasoned, blacks were less qualifiedt han whites to serve on a jury. Ms. Sanders says that she still notices A Few a marked improvement in the attitude of Stars white judges when she represents white clients as opposed to blackcli ents. Ms. Sanders is very proud of her employment discrimination cases which include suits against Ziegler Company, Bxtrying10 draw, a~~~~·ttentionto our fromThomson lnsuranceWatch. Bush Hall and Russell Corporation. Ms. standing as the number I title MississippiValley Title and Sanders also successfully assisted in rep insurer in Mississippi& Alabama. Old Republichave begunissuing resenting AlbertT urner and Spiver Cor Or the factthat we've steadfastly Jointll tle policies. Throughthis don on federal voti ng fraud charges servedthe South'sll tle Insurance joining,we'll be givingo ur cus- stemming from elections in the Black needs for over half a century. tomers the samesecurity they've Beltcounties. We're simplyra ther proud alwaysknown WithMlssissippi Ms. Sanders extensively involvesher that since 1979, we've been pan ValleyTitle, combinedwith the self in community work, including start· oi one of the industry'sbr ightest peace of mindof knowingtheir ing a pre-school, organizing cultural stars... Old Republiclntematlonal underwriterhas earnedblgh Corporation.Our new logoreflects marksfrom two independent enrichment programs and, along with thatpri de. Rankedamong the ratingagencies . her husband, founding the Alabama nation's50 largestpublicly held Yes,we're trulyp roud of LawyersAssociat ion lsee related article/. Insuranceorganizations, Old our new symbol and the ideals Ms. Sanders says that she is still fight RepublicNa tionalT itle Insurance it conveys. Forthese are not the ing the AlabamaS tate Bar lo eliminate CompanyIs the first title insurer kindof starsyou merelywish the ru le which limits the number of ever to receivean A+ ratingfrom upon. Theyare the klndyo u limes, i.e. five attempts, a bar examinee Standard& Poor's... Not to • • candepend on. can take the exam. Ms. Sanders argues that since the bar exami nation is MISSISSIPPI VALLEYTITLE designed to test only minimum stan . . •• INSURANCE COMPANY dards, then it shou.ld not matter how many times an examinee sits for the Jackson.Mississippi OO l ·909-0222• In-Statel ·800·%2·2l l5 • Out-Of·S1>101· 800-647-2124 exam if he or she eventually meets the minimum standards. 164 / May19 93 THE ALABAMALAWYER Solomo n s . Seay , Jr . promises to ensure equal opportunities to class. But viciouswhite mobs rioted, for all of its citizens,a modelfor the rest and the Universitydefied the court order Solomon S. Seay,Jr. " was a true pio or the nation." and refused to allow her to continue her neer in Alabama school desegregation All was not easy for this soft spoken classes.Mr . Shores recalls that the mob cases.Mr . Seay graduated from Howard gentleman.Before the public accommo was so unruly thal. one evening while University Law School and decided to dation laws st ruck down segregation in ret:reallngfrom the campus, he and Ms. return to Alabamaafter his graduation. hotels and restaurants. blackscou ld not Lucy were attacked,ohile in his car. and In 1957Seay passed the Alabamabar and stay in hotels or motels.Mr . Shores trav· he thought they would be killed. There· set up his law practice with l'red Cray eled from one end of the state lo the after. CO\'WlorGeorge Wallace tried to and CharlesLangford . other to represent poor and needy block the school house door. As a result In 1958, 16-year-oldMark Gilmoreof clients. EvenI f his case were In a city 300 of Mr. Shores' fight for Ms. Lucy. Ms. Montgomerytook a short cut on his way miles awayand lasted several days, each Vivian Malone and Mr. James Hood to work across Oak Park, a segregated evening after court Mr. Shores would obtainedadmission to attend the uni\u park in Montgomery. Mr. Gilmorewas drive back to Birmingham and stay at sity. Years later, Mr. Shores receivedan arrested.bea ten, tried and convictedof a. home. The next morning, he would HonoraryDoctor of HumanitiesDegree violation of a loc.il" Jim Crow"law, and awakeearly and driveba ck lo court. This from the Universityo f Alnbama. sentenced lo jail for one year. Mr. Seay, continued day afier court day until the In 1947 Mr. Shores representedblack in behalfof Gilmore'srelatives and oth trial en W.H. Welcher,M.D. J.D. M.S.P., F.C.L.M. Forensic Psychiatry Medical Malpractice • Insanity as a Defense Personal Injury • Will Competency Wrongful Death • Workers Compensat ion Free Consultation Huntsville Suite 104 Birmingham 3315 Bob Wallace 6873 5th Ave. S. Huntsville, AL 35805 Birmingham, AL (205) 533·2141 (205) 833-4878 166 / May1993 THEALABAMA LA WYER impressed by him when he personally Frankie never formally joined the ·To say you don't have the time is an called and asked mt why I did not show MobileBat Associationb«ause she was unacceptableexcuse; you must make the up (or classes.When I told him about my told it was segregated.However, she was tlme." problem, Howard gave me a full scholar Invited lo attend lheir social functions Mr. Langford (eels young attorneys ship.'" and she paid her way to attend. Once she must develop a commit ment to work A native Alabamian. reared in Sunflow got In the door, she states she was treated very hard and not try to alwayshi t home er, Alabama, Frankie alwaysdr eamed of well by all with whom she came in con runs and make a lot of money very returning to Alabamaand using oo skills tact. She says that she has nol formally quickly. Adjust your CXJ)ectationslo fit to make lifebetter for blackswho contin applied to the MobileBar Associationto your experience,he says.He also would ued to suffer from discrimination and this day, bul pays her dues and attends like to see more involvement by black poverty. •1 never knew how bad it was many of the functions. She is critical of lawyers with the various bar associa until I left and saw llhe progressand suc, those black attorneyswho do not partici tions, and advised those lawyers not to cesso r blacks in other parts of the coun pate in local and stale bar activities. "We rule out running (or Poli tlcal office. Mr. try!." At an NAACP Legal Defense Fund must gel involved and participate at all Shores suggests that lawyerss hould not Conference.she met VernonZ. Crawford. levels; Frankieadmonishes. be afraid to take on difficult cases. He who. at that time, was the only black Today, Frankie contends that black said that if a case appears beyond a attorney in Mobile.Crawford's firm han· laW>'ersin Mobile haveprogressed. Some laW>-er'sken, he or she has an obligation died civil rights cases. Crawfordwas im white law finns have integrated,and one lo associate another lawyer experienced pressed by Fnnkie and asked her to join black lawyer is a partner in one of the in lhe area. then learn from lhal lawyer's his firm. Frankie agreedand she began lo prom inen t while firms. Also. black actions and experiences. handle civil rights cases. In 1967, Frank lawyers in Mobile are gett ing a good Mr. Chestn ut thin ks that young ie, In a class action fe~eral employment share of the legal work.she says. lawyersn eed to get far more involvedin di5criminalionlawsuit. represented black Frankie's advice lo young attorneys, the grass-root affairs or their communi truck drivers who were denied by their "Makethe S}-'Slemwork for blacks. Don't ties. "Blacklawi,-ers are in a unique posi cmplO)oersthe opportunitylo ha\o'I!inter be afraid to challengethe status quo." tion to make really significant con state routes. The white drivers would tributions lo the forwardthrust, not only bring the goods to Mobile and tum the Th e day s a hea d for blacks, but for America." He said trucks over to black drivers who would These trailblazing pioneers have some that black attorneys have become "more make the actual deliveries.B lack drivers advicefo r young black lawyersprac ticing passive and more opportunist ic- we could not drive trucks outside o( Mobile. today. Mr. Boynton said that black don't need any more Clarence The casereached the circuit court, and lawyersmust be role modelsto the black Thomases." Referring lo money, Mr. the trucking companies were forced to youth and instill in them hope that they Chestnut said, ·tf you work hard, the eliminate their discriminatory policy. can make a differencein their ln.'CS.Ms. money will come, so concentrate on Frankie also won back pay for the black Sanders wants to see more black attor working hard." Regardingthe referral of truck drivers. since they had been denied neys gel involved in U1eircom munities civil rights cases lo other major rirms, the higher salaries that went to inter and work with community organizations Mr. Chestnut reels that those issues "are state drivers. and in community projects. She said, vital lo the progress of our people and • CIVI L JtI&Bachus £, Associates • CRIMINAL •INSURAN CE CASES PR OFESSI ON/IL CNJIEST IG IITI O NS S. SERVICE OF P R OCESS ATTENTION ATTORNEYS: Our firmprovides 1nvestigatM1 se- 10 1hemsurance. legal, and corporal8 SeQlo,-. We offerover 15 years ol claims and lnvKllgaiiveexperience. Fee Structure. InsuranceOocumentallon and Resumesavaf lable. ServicesInc lude (bul not hmiled10) lhe lollowing: Field lnvesllgatlon s • Personal lnlury • First & Third Party Liability Rollrood Accidents (lncludlng F.E.L.A.) • Traffic Accidents • Witness Location Survellloncc • Workers Compa nsatlon • Propert y Oa_mage • Insurance Claim Investiga tions For $35.00 per hour (plus expenses), you can not allord 10pass up lhls service for non·producUveinvestlgalion s. For more Informationcon1act : Harry W. Bachua , Jr. 24- Bour Phon e: P.0. Box 180066 FAX Phon e: 2 0 S/ 6 4 9 · S98 4 Mobile, Afa.bama 36618·0066 20S / 6 4 9 -S886 THEA LABAMALA WYER May 1993 / 167 we can't completely farm that out to professional. Finally, Mr. Davis Quoted Endnotes other folks. We must pool our money Walt Kellyby saying, "We have met the I Morgan v. VlrglnJa,328 U.S. 373, 66 S CL 1050 (19'- I) enemy, and he is us," in referenceto the and our talents so !blacks) have involve 2 Ba-v . Ken/udly, 476 U.S 79. 106 S CL 1712 ment, up front, in our struggle-there is failure of many blacks to get involved in (1986) a serious problem if we farm that work state and local bar associat ions. Mr. 3 In Pfepanng this a111Cle. I was i,1o.btoto eHectiv~ out; we will farm out our future." Davis said that there are no impedi communicate v.'.1hM r. S!lllngs!eybec;ause o l health reasons. The tonowlflgaccount oon,es ltom Judge Pearson said that black attor ments or excuses for blacks not getting Mr . J L C"-3$1r..il ln his ooolt. Bfqck in Selma. Far. neys must be advocates for constitution involved in bar activities. He said that rar. Strausand Giroux, 1990 A!so roforonccd, al rights and equal opportunities for all the black lawyers must begin to "break DavidJ. Gatrow. Bca11'ng ThoCross . Vintage Press, 1988 Americans.H e said that he is not satis down their mental barriers. " 4 Boynronv . Cammonwearrl'Io( VlfgN'lia.364 u S. fied that this is being done today with Justice Adams sees black attorneys, 454, 81 S.CL 182 <1 960) . the same degree of vigor as once was the like Vernon Jordan and Ron Brown,giv 5 78S u11.2 4 1, 42 U.S.C.A. 2000el seq, TheCMI case. He feels this may be a result of the ing direction in areas where they. Afghls Act ol 1964. greater demand for more mone)• and, heretofore, have not. He feelsthat when 6 P/fJ$syv . Ferguson, 163 US , 537. 16 S .Ct 1138 ( 1896). The SUpreme Coor1ralusC!d to ll'lvalidate while he understands that, he does not President Clinton and othe rs use the discril"fW'!alOfYs1a 1e segregationlaw5- The ooun like to see "so many important issues go professional skills of black lawyers that helo 1ha1.In lace o! a Fou,toonlh Arnendmont unchallenged." He also said, "Be honest will "bring U1e nation a long way very challonge to such laws, ·1hocase reduces Itself to 111e que&1100whe!he r lhe SJatu:a o1Louisiart.a has and be prepared." fast." Justice Adams wants to se-e black a reasonable rogulallOf'I,and withrespeot to IJ,is Mr. Davis agrees that young lawyers attorneys do more networking.This can 1he1emust neoessarny be a ta,ge discreliOl'Ion need to be prepared. "You have to be so be done, he says, by joining the Ameri 1hepert ol ino (s1a10)SOglslatute In tietemiining 1heqvesuon oCreasonahten&:sS it (lho sta!oJls at good that you have somet hing that can Bar Association. the National Bar l!berty to act w1ttireference to the es.tabllshed everybodywants a part of- be twice as Association, and state and local bar asso usages-.customs and 11ad1tJOnSr:J1he peoplo.and good as anybody else." Mr. Davis also ciations. Justice Adams concluded on wilh a view to tho ptomobOnof their comfon. and lhc prosetvauonof ihe p.,biic peace and good said that younger lawyersmus t be "ever this issue by saying, ''Don't ever forget order Guided by 1h1sstandard , wecamoc say vigilant and make sure that nothing your identityand your roots." lnat a law wtilch aulhotizesor evenrequires the occurs that changes the progress that As to changes in the legal profession separationof the two races In public oonvaya!'lces Is 1.1rveasot1able,or more obnoX1ousto the has been made in the last 40 years." Mr. in Alabama, some of the veteran war FourtoonlhAmendmen1 lhan the acts ol COogress Davis stresses to always be ethical and riors had some interesting points. Mr. requiringsepar a:e s.chOolslo, COiored Boynton would like to see more blacks er,Hdron • Thoro ach of PJessye)(tencled fa, t>eyond f&ll llansporlabon and v!rtually approved on the bench and in prosecutorialpos i all aspectsof sogrogat 168 / May 1993 THE ALABAMALAWYER AlabamaLa --::::: AlabamaLaw on Disc NOW includes the Code of Alabama nee,lhea'ifWllf lO.-ch non a c;anw:1. sdf AFRICAN-AMERICANFEMALES MAKINGA DIFFERENCEIN THE ALABAMALEGAL PROFESSION By CYNTHIA W CLINTON & ANITA L. KELLY African-Americanwomen comprise a lillle over onepercent of the 9,778l icensedactive a/lomeys in the state of Alabamaand one-lhird of all African-Americanattorneys in Alabama. Thereare 109African -Americanfemale allomeys practicing law in the public and private sectors. African-Americanfemale attorneys defy any stereotypeolher lhan of commitment to lhe profession, family and community. Theovenohelming majority of African-Americanfemale atlomeys were licensed afler the early 1970s.The women profiled in this article, along with othersnot featuredin this article like Anita Archie, BeverlyBaker, DeloresBoyd, Sheryl Harrison, JudgeJo CelestePel/way. Lynn Sherrodand Carolyn Sieverson, are building a strong presencein lhe Alabamalegal community. tie represented then-Governor George lion led to her 1984appoinlment to Gov Wallace in the complex multi-million ernor Wallace's Public Staff for Utility dollar rate case involving divestitureby ConsumerProtection. Of her career, Ms. AT&Tof the local operating company, Baule saysthat eachposition has been a South ~nlral Bell.But for the advocacy buildingblock for the neKI. skills of this publiculility law speci31ist. Ms. Batlle. a former administrative who prevailedon behalfof the Governor. judge for the f;qual EmploymentOppor the citizens of Alabama. she believes. tunity Commission.also specializes in would inevitablyha\'t fa«d another rate employment and labor law. She repre hike. sents lhe personnel board of Jefferson laVeeda Morg an Battle Ms.Batlle says that she "likes" com· County and private industry as defense plex litigation and that public utilities counsel in employment litigation. She In one case alone LaVeedaMorgan law is highlychallenging. Her first expo has been lead counsel for the personnel Battlesays that she savedthe citizens of sure to pubI ic utilities law began when board in the l)irmingham firefighter Alabama $150 million dollars in in she served as an allorney advisor to the case,which she sayswas based on a Unit crea1edte lephonerates. In 1984Ms. Bat- Public Service Commission.This posi- ed States Supreme Court decision in 170 / May1993 THEALABAMA LAWYER 1989which gave rise to the CivilRights education.She then attendedlaw school her to give back to the community. Act of 1991. al AntiochSchool or Law becauseof its One or the highlights of Ms. Lud The 1978 Unlversily of California slrong clinicalprogram and tradition or good's career involved a state capital DavisLaw School graduate denne.ssuc public interest law. Ms. Ludgoodgradu murder case in which Ms. Ludgoodrep cessas a commitmentto excellence.S he ated from Antioch in 1981 and was resented the defendant.On the dayshe is not content with her success alone as admitted to the AlabamaState Bar in received her bar results. the trial jury a law partner an the Birmingham law that same year. At the time she graduat came back with a guilty verdict. Ms. firm or Gorham & Waldrep. P.C.. and ed from lawschool, she plannedto con Ludgoodappealed the case.handling the aspires to open doors to make more centTalein criminaland civil rights law. appellate briefing and oral argument. options available for the inclusion of After admission to the state bar, Ms. Eventually, the case was reversed and womenand African-AmericansIn diverse Ludgoodpracticed w ith a small private remandedand Ms. Ludgood's client was fieldsof practice. law firm in Mobile.Alabama until 1988. set free. Ms. Battle is a working mother and In 1988she opened her own solo prac Ms. Ludgoodhas been executivedirec has been an advocate for issues which tice in Mobile. Ms. Ludgood says that tor of the Legal ServicesCorporation of involve mothers and children. She is this soloexperience provided her with an Alabamasince December 1991. Her of marriedto attorneyLynn Battle. entirely new perspectiveon the private fice is located at 207 Montgomery practiceor law. In additionto the prores· Street, 500 Bell Building.Montgomery, sional legalwork. she also found herself Alabama.Ms . Ludgood enjoys her cur responsiblefor the businessside of oper rent position with Legal Services.How ating a law firm. During this lime. Ms. ~-er. she is facedwith dealingwith ,.,hat Ludgoodcarried on a general practicein she called the restrictive regulations which she representedM obile Countyin that came oul of the Reagan years on various county proceedings and prac how Legal Services serves clients. Be ticed probate, family and bankruptcy cause she is still windingdown her pri law. vate practice in Mobile, Alabama, Ms. Ms. Ludgood says that she believes Ludgoodis required to do a significant that the practiceof ta,.,is not just a pro amount of travelling between Mobile Mercerla Ludgood fession, but a commitment. She has and Montgomery. committed herself to including a signifi Born in Mobile, Alabama. Merceria cant amount of pro bono work in her Ludgoodmade the decisionto b«ome a practice. This commitment is further laW),'erduring her fourth or firth year in manifestt'din her ties to the Legal &r elementary school. While she didn·l vlces Corporation.Before being appoint know any lawyers, she was convinced ed executivedirector, she served on the that this was the career choice for her. board of directors for the LegalServices Nowexecutive director of the LegalSer Corporationfor approximatelyten years. vices Corporationor Alabama, Ms. Lud Ms. Ludgoodsays that she alwayswanted goodhas amplyrealized her earliergoal. to come back to Alabamalo practicelaw Ms. Ludgood attended college at the because she saw viltidlythe great need Universily or Alabama where she for legal services in the MobileCounty Judge Vanzetta P. McPherson received a bachelor of sciencedegree in area. She feels that it is important for The Honorable Vanzetta Penn Mc Phersonpracticed law for 18 year$before Cynth ia w. Anita L Kelly he.r April 1992appointment a.s a United States MagistraleJudge. Followingher Clinton MUI L Kelly receiYed Cynthiaw . Clln1on hit undorgr&dva!eand graduationfrom Columbia Law School, recelvodhllf undo,g,ad· lewdOQreet ftom lho she workedwith the Wall Street lnwfirm uate degreef romSpa1. Unl11t1s,tyor Alabama & manCollOQI ond her SineIt an essooate Wlltl of Hughes, Hubbard Reed.Aner a brier t.tN degJN t,a,n N NlinnThomas stint as an AssistantAttorney General for ~olNcrl\C,,- &GMo,~ . the State of 1\labama.she began a solo olilla - cl I.aw - practicespecializing in constitutionallit " an aHOClll8 ¥i1lh tne lo, IN HonorGbilU W f,rmor Thcmol , Mean< Clomon,Unf!ed Sta11t1 igationand domesticrelations. GIiiis, --dlltl!CI COl.ltljudge ICM a Pc Silolu Judge McPherson is a self-defining lho No<1hornOfolrfc:t or Alobemo. Sile 1,a relaree kK thenon•IUPPot1 docMt ol MCt'IIQOOWY woman. She says that she did not pat CoontyFamily Ccl.wt Sho -• momborlhll)In lho retereelfud THEALABAMA LAWYER May1993 1 171 steadfast to the beliefthat people should ing more fun. "Lawyersdo not seem to young, new entertainers are sometimes have the chance lo go as high or sink as be as enthusiastic about their work and taken advantage of by others in the low as their abilities permit. Her com purpose. Lawyersshould be energetic. industry. mitment to others, she says, stems from physicallyand mentally.· Judge McPher Ms. Muhamrmd receivedher bachelor watching her peers being denied oppor son is married lo Thomas McPherson, of science degree in marketing from tunities that were available to her. "I Jr. and is the mother of RaeganDurant. then TuskegeeInstitute. She then went was fortunate to have received a good on to earn he.r law degree from Thur education and to have had access to cul good Marshall School of Law. While in tural enhancemenl. books, folktalesand law school. Ms. Muhammadwas selected a full and blossoming family." The p. as editor-in-chief of the law review.She Judge's aspiration is lo make a differ . ~ . was also selected to serve as governor of ence in life by leaving a legacy of con the 13th Circuit of the American Bar tributing something that is good and '~;;. ,~.:~ Association Law School Division. This taking awaysomething that is bad. .. experience allowed Ms. Muhammed to Judge McPherson's most rewarding -~ travel and meet people from a wide spec professional experience was her legal ! '!'Ii. trum. Ms. Muhammed graduated from representation of the Scott plaintiff law school In May 1991 and was admit intervenors in Sims v. Montgomery Lateefah Muhammad ted lo practice in Alabamain April 1992: CountyCommission. 766 F. Supp. 1052 she is also admitted lo practice before (M.D.Ala.1990 ), a race discrimination Ms. Lateefah Muhammad is a sole the United States District Court for the lawsuit. "rirst , I embraced the aim of practitioner in MaconCounty. Alabama. MiddleDistrict of Alabama. the case wholeheartedlyas a person and Her office is located at 204-A S. Elm Ms. Muhammad has worked with as a lawyer; she said. "Second, the Strtet. TuskegeeInstitute, Alabama.Her Ernestine Sapp. also of Macon County. results achieved have had an impact areas or practice include entertainment, Alabama.Milton Belcher and Courtney beyond the clients whom I represented. real estate, wrongful death, personal Tarver. Ms. Muhammad holds the dis Third. a jurisprudential foundation was injury, probate and some international tinction of being the first Jaw clerk for laid to ensure that the wrongs have been law. As an enterta inment Ja,vyer, Ms. Magistrate Judge VanzettaPenn McPher eliminated. And finally. I was adequately Muhammad focuses on the business son. She describes the experience as a compensated." Judge McPherson says aspect of the entertainme nt industry. very positiveo ne and has a high regard that she would like to see lawyers hav- She is acutely aware of the many ways for Judge McPherson. Ms. Muhammadwas born and grew up in Armstrong. Alabama. situa ted in Macon county between Union Springs and Tuskegee. Ms. Muhammad's great. great-grandfather had a hand in the naming of the city. Ms.Muhammad says BAR DIRECTORIES that she makes a point of going home regularly because she believes it helps keep her grounded. She feels it is this return to the community that gave so 1992-93 EDITION much lo her that keeps things In focus. Ms. Muhammed says that she credits Allah for all that she is and all that she AlabamaState Bar Members: wilI become. Ms. Muhammad feels very strongly $25 each that lawyers provide a real service for their clients. One of the rewards she Non-members: gains from practicinglaw is the satisfac tion of knowing that she is doing what she can to help others. This is a rewanl, $40 each she is quick to explain. that cannot be bought with money. The successesthat Send check or moneyorder to: ha\'e so far come t.o Ms. Muhammadhave been successes she not only wanted for AlabamaState Bar Directory herself. but also for her people. She is a P.O.Box 4156 strong advocateof persistenceand dedi Montgomery, Alabama36101 cation which are renected in the manner In which she was selected to participate in the CLEOPr ogram the summer before 172/ May 1993 THE ALABAMALAWYER she entered law school. Ms. Muhammad Someof Ms.Sapp's professional affilia said that after she was infonned that she tions include lhe American, Federal. had been placedon the participantwail National, Alabamaand Macon County ing list, she and n mentor called Lhe Bar Associations.She Is a memberof the CLEOoffice twice n day ror rour days. Executive Committee of LheAlabama Afterfour days. the CLEOprogram knew Trial LawyersAssociation. the Alabama il had to find a place for her, she said. Standing Commilleeon JuvenileProce The CLEO program provided Ms. dure. and the AlabamaSupreme Court Muhammad with a good introductory AdvisoryCommillee on Evidence.She is expo5Utt to law. admitted to practicebefore the Supreme Court of the United States, lhe United Ms. Muhammadhas found the private Carole Catlin Smith e rman practiceof law to be rewarding.She feels States Court of Appeals for lhe Eleventh thnl her passing or the bar was a fulfill Circuil, the UniledStales District Court When WilliamJefferson Clinton was ment of a dream and going into private for the Middleand Norlhern Districtsof electedthe 42nd Presidentof the United practice has been a continuationof that Alabamaand the Supreme Court of Ala States. Carole Catlin Smilherman's dream. Also sharing Ms. Muhammad's bama. Ms. Sapp is the first lawyerfrom name soon appeared on a short list of dream is her husoond, a musician with Alabamalo be elected vice-presidentof potential appointees for United States the group,The SeventhWonder, and her the NationalBar Association. Attorney for the Northern District Of son, KareemMuhammad. Ms. Sapp has alwaysbeen extremely Alabama.The Birmingham-bornattor actively involved in community affairs. ney has already served in the capacities Evenbefo re beginningher legal studies, of circuit judge for JeffersonCounly and she was generally describedas a "com· municipalj udge for Uie City of Birming munlty activist"who was committed to ham. She has also acled as deputy dis· improvingthe local school system. She trict attorneyfor JeffersonCounty. and her childrenwere regularvolunteers Ms. Smilhennan, who graduated from with the local Red Cross. Ms. Sapp has MilesLaw School. describesherself as a continued that aclivism with her public servant. "All lawyers are public involvement on the National Bylaws servants with a responsibility to their Committee of American Associationof communities." she says. Ms. Smither UniversityWomen , the TuskegeeBoard man's philosophyof public service had of Directorsof the Coalitionof 100 Black iLSgenesis in a tmgic experiencethat left Emestlne s. Sapp Women and Links. Inc. Ms. Sapp is a a childhood friend dead. a casualty of ErnestineS. Sapp, a partner with lhe member of the Alabama Democratic oppositionto the civil rights mo\'effient. lawfinn Cray, Langford,Sapp, McGowan Conference and an elected member of Denise McNair. her best childhood & Cray, has been with that firm for 15 the AlabamaDemocralic Executive Com friend,was one of four children killed in years. Ms. Sapp is a graduate of Wiley millee: she was a 1978de legate lo lhe lhe 1963bombing of Birmingham'sS ix Collegeand was the first African-Ameri National Democratic Convention. Ms. teenth Street BaptlslChurch. "I remem can female graduate from Jones School Sapp has traveledexlensive ly with legal ber not understandingwhy an arrest was of Law. Ms. Sapp was admitted to the teams to Chinaand the SovietUnion. not made and feeling that injustice and AlabamaState Bar in 1977. When Ms. Sapp initially began her hatred were wrong. I fell that I could Aftergraduating from law school and practice of civil rights law, she points make a differenceby becoming a public passingthe bar, Ms. Sapp workedas an out that those cases were not cases one servant.an attorney." nttornei•with the University of Alabama would today think of as a civil rights Ms. Smilherman's early mentors LegalServ ices System.S he also worked cases. Her clients might have come to included Birmingham civil rights attor as an Affirmative Action Officer for her on a traffic ticket matter, but the ney Arthur Shores and lhe deceased TuskegeeUniversity. During her tenure underlying reason for the issuance or Supreme Court Justice Thurgood Mar with the University of Alabama Legal the ticket she says.\\'a5 that the client shall. "Arthur Shores and Thurgood ServicesSystem. Ms. Sapp recei\'ed an \\'a5 an African-American.She describes Marshallwere visibleand making a dif invitation from Fred Cray lo join his the situation during the 1970s as one ference.I set oul to emulate these men." firm. Ms. Sapp accepted the invitation where seeminglyordinary things would she said. and has been wilh the firm ever since. happen to black people, but only Although her early role models were She describesher experience of working becausethey were blnck. men, Ms. Smitherman believesthat it is wilh Cray as very rewarding. Sapp's Ms. Sapp sees her role as a lawyeras extremely important that women are areas of practice are general civil prac an opportunity to right wrongs.One of activeand visiblein the leg.iicommunity tice, domestic relations, bankruptcy. the greatesl rewards she has gollen as.. in her view,women bring a different probate,real estate, peDC>nalinjury, edu from the practice of law. she says, has perspectivethat is often lost when lheir cationa I institution law, labor law. been the chance to share and seepeople concernsare not voicedby women. municipal, corporate. and civil righls be happy about the resolution of their Ms. Smitherman practices law with law. problems. her husband, attorney Roger Smither· THEALABAMA LAWYER May1993 / 173 ------HEALTH CARE AUDITORS , INC.------man. in Birmingham, Alabama.S he is the workingmother of three children. 1-IC~I Con sta nc e Kidd Wadlington ConstanceKidd Wadlington , an assis tant district attorney for Tuscaloosa MEDICAI./DFNI'ALMAl.PRACTI CE EXPERIS County since August 1990. for a very long time has been interested in the •GRATIS MEDICALTEAM PREVIEW OF YOUR CASE:/VI In dqMh Ml~tioo to criminal prosecutiona rea of legal prac 1l!(ffllllnand ddlnecausallon, liability and brtae~ In Slllndlud!of care tice. Ms. Wadlingtonwanted quick trial experienceand her criminal practice has • GRATISCLIN ICALC ONFERENCES:We shall careluli)' lake )OU !tep by s 1pt,, 1hrougll generally been what she expected. e:Khwe to lnsurt1hn1)'OUT clin ical lscommen.1Ur:11e be knowlooge withours . WesJ1111lbrutall y Wadlington is a 1985graduate of the !o!!l!!J!llf we f\'fdenasno meri1,or If causalionIs poor University of Alatmma,an d a l 988 grad· • GRATtSOJNICAL REPRESEJIITATIVES TO YOUR omCE: Ind.pill~iel\~ . uate or the Universityof AlabamaSchoo l or Law.Wh ile in law school, in addition • GRATIS, OETAll.£0 , WRrITENREPORTS: Should 2 we beun,.fflhy o r pwsuit, to working, Ms. Wadlingtonwas active andUJJOCl you dlnahoes, "" mll bepleased to lor\l•:uda detillfd repon in BALSAand cltrked with Judge Paul • HCAJBui e FEEIs $275. Youioouno(l)Sl5un1Ulll!l~topursutlhuxpui 's"'Ori<· Conger. a circuit court domestic rela· upforhisafMl,iLSo miredexpens. nofllttignexpms , andnocoun "'O 174 / May 1993 Tl IE ALABAMAL.\WYER AFRICAN- ll -I J • LAWYERS I~ r.LAon. n AN OVERVIEWOF JURY TRIALS: LEGALAND PROCED URALCONSID ERATIONS By HON.K/:,'NNETH 0. SIMON This outline discussesvarious aspects of a jury trial, includingopening statements, jury selection, presentationof evidence,and closingarguments. By becomingfamiliar with the legal principlesund erlying the proceduralaspects of a trial, counselcan more effectivelyformulate and execute a trial strategy. Order of proc-dlngs The parties may offer rebuttal testimo u. Bonner, 459 So. 2d 827 (Ala. 1984): Unlessthe rig)lt is waived,the plaintiff ny at the closing oCtheir cases in chief. aark u. State, 294 Ala. 493, 318 So. 2d is entitled to open and conclude every Acceptanceor rejection of testimony not 822 (1975). See generally, McLeod, case.Chamberlain v. Cai/lord.26 Ala. strictly in rebuttal is within the trial •volr Dirt Examinationof Jurors; AT1.A 504 ( 1855). When cases have been con court·s sound discretion. CahabaValley Journal, vol. I, no. 2, p. 21 (May 1982). solidatedfor trial, the trial court has dis Del!elopmen/Carp., Inc. u. Nuding. 512 Although the parties have the right to cretion to determine which party So. 2d 46 (Ala. 1987): White o. Boggs. conduct a "liberal" inquiry on voir dire, proceeds First in conducting voir dire, 455 So.2d 820 (Ala. 1984).Similarly, lhe Clark u. Stale, supra, 294 Ala. at 495, striking the jury, giving opening stale· decision of whether to allow a party to the trial judge has broad discretion in ments. eKamining witnesses, and pre· reopen his or her case to submit addi· controlling the scope and conduct or the senling closing arguments . Smith u. lional evidenceis also within lhe court's examination. Id.; Mcleod u. Stale, 581 Brownlield.533 So. 2d 573 (Ala. I989). discretion. GreenTree Acceptance, inc. So. 2d 1144 (Ala.Cr.App. 1990); Corbin The order In which proof is presented u. Strandrid,r;e.565 So. 2d 38 (Ala. 1990). u. State. 551 So. 2d 429 (Ala.Cr.App. is in the trial court's discretion. Alford u. A case should be reopened when the 1990). The trial court's discretion may State Farm Fire & Cos. Ca.. 496 So. 2d administration of justice so requires. be abused, however, if the parties are 19 (Ala. 1986): Drs. lane, Bryant, HaJl(:ock u. City of Montgomery,428 So. unduly restricted from determining Buban/a & Dulaneyu. Otts, 412 So. 2d 2d 29 (Ala. 1983). juror bias. Noddu. State. 549 So. 2d 139 254 (Ala. 1982). Thus, the trial judge (Ala.Cr.App.1989) . Voir dire is intended l1lilYpermit the introduction of evidence Jury Select ion to provide parties information in order before other proofwhich is necessaryto that peremptory challenges may be A. Voir Dire make it competent and relevant, First intelligently made. Alabama PowerCa. State Bonk of Albertuilleo. Duvml.345 I. c~nera.1 u. 8on11er,supra, 459 So. 2d at 832: So. 2d 1377 (Ala.Civ.App.1977), or may Parties have a right to examinejurors, Vickersu . Howard,281 Ala.691, 208 So. permit the examination or witnessesout on voir dire, ns to their qualifications, 2d 72 (1968):Reeves u. Stat~. 470 So. 2d of order. PullmanCo. u. Meyer. 195 Ala. Interest or bias that would affect the 1374 (Ala.Cr.App.1985). Accordingly, 397, 70 So. 763 (Ala.1916). trial or the verdict. AlobomoPower Co . voir dire ex.1111inations are permitted in THE ALABAMALAWY ER May 1993/ 175 a number of areas, including: (I) they or any Family members had ever ed. the trial cou rt shou ld promptly whether juro rs have Formed opinions evaluated claims In their jobs. Id. Rever investigate to determine whether Lhe about the case. Andersonv. Slo/e, 362 sal was um~arranted because no evi remarks had a prejudicialeffect on those So. 2d 1296 (Ala.Cr.App. 1978); (2) dence suggested that the excluded who heard them, and whether venire whether jurors are employees of an question was material to the plaintiffs' memberscan disregardLhe remarks. and interested party, Shelbg County v. right to exercise their peremptory provideany necessary curative Instruc Boker, 269 Ala. 111, 110 So. 2d 896 strikes or that the plaintiFf's right to tions. ld. (1959); (31 whether jurors are agents. select an impartial jury was impaired. employeesOT stockholdersof any insur Id. at 339-40. B. Challenge s for c au se ance company that may be liable, in 2. Mode or examination 1. Statutory ,n,uncb whole or in part, for an)•judgment that The trial court may permit counsel to Seclion 12-16-150 of the Code of might be entered; Jones v. Crawford, conduct the voir dire examination or Alabama (1975) sets forth the general 361 So. 2d 518 (Ala. 1978); Citizens' may conduct the examination itself. grounds for challengingjurors for cause. Ugh/, Heal & PoUJerCo. u. Ala. ue. 182 ARCP47(a). In the a•ent the court con· These grounds include: 561, 62 So. 199 (1913); (4) whether any ducts the examination, the parties may (a) He or she has not been a resident member of the venire is an insurance supplement the examination as appro householder or freeholder of the adjuster, Burling/onNor/hem R. Co. v. priate. Id. Counsel's right to question county for the last preceding six IVhilt, 575 So. 2d 101I (Ala.1990 ). over· prospectivtjurors is limited by propriety months: ruling Cooperu. Bishop Preemon Co.. and pertinenc.e; questions must be rea· 495 So. 2d 559 !Ala. 1986); (5) in the (bl He or she is not a citizenof Alabama; sonable under the circumstancesof the case of a mutual company,whether any (c) He or she has been indicted within case.Mcleod u. Stole, 581 So. 2d 1144 j11ror is a policyholder. Welborn v. lhe last 12 months for a felony; (Ala.Cr.App. 1990). The court may con Snider, 431 So. 2d 1198 (Ala. 1983):or trol the clarity of questions, Morris u. (d) He or she has been convicted of a (6) whether any venire member works ZoeSmith Stationery Co.. 274 Ala. 467, Felony: in the claims department of any compa 149So. 2d 810 (1963):allo 1v or itself ask (e) He or she has a fixed opinion as t.o ny or governmenta l agency, Shelby leading questions, Flannigin v. Stale, the guilt or innocenceo r the dcfcnd CountyComm. v. Bailey,545 So. 2d 743 289 Ala. 177,266 So. 2d 643 (1972);d is a.nt which wouldbias his verdict; (Ala. 1989). In inquiring nboul insur allow argumentative questions, Peoples ance, counsel must be careful to avoid (f) He or she is under I 9yea rs of age: v. Stole, 375 So. 2d 561 (Ala.Cr.App. saying or doing anything which would (g) Meor she is or unsound mind; 1979): and disallow questions in the lead the jury to believe that the oppo nnture of jury instructions as to legal (h) He or she is plaintiffor defendant in nent has insurance coverage.American principles applicable to the case. a case which stands for trial during Pomcor,Inc. v. Evans,288 Ala.416, 261 Bracewell u. State, 447 So. 2d 815 the week he or she is challengedor is So. 2d 739 (I 972). For example, an (Ala.Cr.App, 1983). related by consanguinity within the uninsured/underinsurance carrier's ninth degreeo r by affinitywithin the right to elect not to participate in a trial 3. Collect ive v. lndi vld.ual firth degree. computed according to against the tortfeasor [as provided in examlna Uon the rules of the civil law, to any lowe v. NationwideIns . Co.. 52l So. 2d It is within the trial court's discretion attorney in the case to be Lriedor is a 1309 (Ala. 1988)1makes it improper to whether to question jurors collectively partner in businesswith any party to question venire members concerning (in each others' presence)or individual such case; and ly. Seals u. Stale. 282 Ala.586, 213 So. their assodation wil h the carrier. (ii He or she is an officer,employee, or Mclain u. Rou/zong, 27 ABR336. 338 2d 645 (1968);Smith v. SI.ale,588 So.2d stockholderof or. in case of a mutual (Nov. 20, 1992). On the othtr hand, in 561 (Ala.Cr.App.1991); Parker v. Stole, company,is the holder of a policyof ,lfclain. the supreme court refused to 587 So. 2d 1072 (Ala.Cr.App.1991 ). The insurance with an insurance compa primary advantage in individuallyques overturn the trial court's refusal to ny indemnifying any party lo tht allowplaintiffs to ask the \'enire whether tioning each juror is to avoid answers case against liability in whole or in and remarks by jurors that may have a part or holding a subrogation claim prejudicialeffect on other jurors. Heath Jud ge Ke nn eth to any portion of the proceedsof the v. Slate, 480 So. 2d 26 (Ala.Cr.App. o. Simon claim sued on or being otherwise 1985). See Bollie v. Slate, 574 So. 2d MQe-0 financiallyinterested in lhe result of Simon,, • orcuil jUdge 943 (Ala.Cr.App, 1990) (entire venire the case. "' Jet!'"'°" Couory Ho could have been tainted if prospective ii I 1976 grllO\.IIIOol cneUn1.er1>1y otSoucn juror, who believedshe knew too much 2. Common law 11round1 AllbltnO, and• 1979 about the case, had revealed details of The statutory grounds for cause chal· graouatoo1 1ne Ul'\IVOf- what she knew).Some remarks byjurors lenges are not exclusive.Poole u. Stale. 11,y01 ,.,,a...,,• School Ol1.ow JodgoSmon may be so inherentlyprej udicialas to be 496 So. 2d 537 (/\la. 1986): Mosesv. wa, appoln,1)(1to U'IO Ineradicable. Hollandu. Stale, 588 So. Stole, 356 So. 2d 712 (Ala.Cr./\p1>.1978). bench aflor ox1on11vocivil h11QlbOl'Io.11pot!onco Mi 2d 5~3 (Ala.Cr.App. 1991). If the damag. A common law chaI l enge must Involve pr,vatepractice ano w!1hlhe Un,,100Srotos Socur.- 11os& &Cl'larigc Co,nr,n11110tt Ing effect or the remarks can be eradicat· some matter which Imports absolute 176 / May1 993 TMEALA BAM/\ LA wn ;R bias or favor and leaves nothing for the give her money"; other juror said she (a) Mere fact that prospective juror is discretion of the court or a situation "probably" could be fair and impartial personally acquainted with party or which presents a mixed question of law although there was "some" doubt). member of party's family. To consti and fact to be determined by the trial If a juror makes an initial statement tute sufficient basis for cause chal court in its sound discretion. Wallaceu. that is vague, ambiguous, equivocal, lenge, the personal association must AlabamaPowe r Co., 497 So. 2d 450 (Ala. uncertain, unclear, or reflects confusion, result in partiality or probable preju 1986); Mullis u. State, 258 Ala. 309, 62 the trial court should inquire further to dice. Vaughn v. Griffith, 565 So. 2d So. 2d 451 (1952). Probable prejudice for determine whether the juror can be 75 (Ala.1990); Ex parte Dinkins, 567 any reason disqualifies a prospect ive impartial. Knop u. McCain, supra, 561 So. 2d 1313 (Ala. 1990);Bramlee u. juror. AlabamaPowe r Co.u. Henderson, So. 2d at 234. The trial court has the Stale, 545 So. 2d 151 (Ala.Cr.App. 342 So. 2d 323 (Ala. 1976); Alabama right to reject jurors for cause ex mero 1988). Fuel & Iron Co. u. Powasld,2 32 Ala. 66, motu. Williams u. Slate, 241 Ala.348, 2 (b) Family relationship or acquaintance 166 So. 782 (1936). So. 423 (1941). with a witness.Johnson u. Stale. 502 The trial judge has broad discretion in So. 2d 877 (Ala.Cr.App.1987) ; Moore 3. Determination of whether cause sustaining or denying challenges for u. Stale, 488 So. 2d 27 (Ala.Cr.App. exists where juror has fixed opin cause.Ex parte Dinkins, 567 So. 2d 1313 1986); Scofl u. State, 473 So. 2d 1167 ions, biases or knowledge of facts (Ala. 1990);Kumar v. lewis, 561 So. 2d (Ala.Cu\pp. 1985). The fact that a juror has bias or a fixed 1082 (Ala. 1990). (c) Pamily member of one of the attor· opinion is not a sufficient basis to neys' law partners. Henderson u. require removal for cause; the jur or's 4. Sufficiency of grounds: State, 584 So. 2d 841 (Ala.Cr.App. opinion must be so fixed that it would particular ca~s 1988) bias his or her verdict. Stringfellow u. Sufficient cause existed in the follow State, 485 So. 2d 1238 (Ala.Cr.App. ing cases to require removalof jurors for (d) In an action involvinga city, citizens 1986). The test to be applied in deter cause: of the city. Beairdu. Stale, 215 Ala. 27, 109So . 161 (1926). mining whether a juror should be (a) Family membership within prohibit removed for cause is whether the juror ed degrees of consanguinity or affini (e) Membership in same or related char can follow the instructions of law given ty. Dukeu. State, 257 Ala.339, 58 So. itable, religious, or other association by the court, eliminate the influence of 2d 764 (1952);i.,iffle 11. Stale , 339 So. as a party, absent positive evidence his or her previous feelings, and render a 2d 1071 (Ala.Cr. App.1 976). of bias or interest in the outcome. verdict according to the evidence. Knop Birmingham Baptist Hospital u. (bl Bias in favor of or against a party's u. McCain,56 1 So. 2d 229 (Ala. 1989): Orange,284 Ala. 160, 223 So. 2d 279 attorney. Ex parfe Rutledge, 523 So. Rowell u. State. 5 70 So. 2d 848 ( 1969)(membership in Baptist 2d 1118 (Ala. 1988); Coca-Cola Bot (Ala.Cr .App. 1990);Ba rbee u. State, 395 Church); AlabamaFuel & IronCo . v. tling Co.u. Hammac,48 Ala.App. 60, So. 2d 1128 (Ala.Cr.App. 1981). Jurors Powaski, 232 Ala. 66, 166 So. 782 261 So. 2d 893 (Ala. Civ.App. 1972). need not be totally ignorant of the facts (1936)(membership in labor union); of the case, but only impartial in render (c) Pamily member of a material wit Tucker u. Houston, 216 Ala. 43, 112 ing a verdict exclusivelyon the evidence. ness. Ex parte Tucker, 454 So. 2d So. 360 (1927) (members hip in Ex parte Fowler, 574 So. 2d 745 (Ala. 552 (Ala. 1984). Methodist Church). 1990);Ex parte Grayson,479 So. 2d 76 (d) Service as juror in related or com (0 Engagement in same business or (Ala. 1985). If a juror indicates that he or panion case or during prior trial of occupation as party. Finley u. State, she is biased or prejudiced or has deep the same case. Carvin u. Robertson. 36 Ala.App . 56, 52 So. 2d 167 (1951). seated impressions indicating that he or 289 Ala. 90, 265 So. 2d 602 (1972); she cannot be impartial, a challenge for Davis v. State, 24 Ala. App. 190, 132 C. Peremptory strikes cause mus t be sustained. Knop u. So. 458 (1931). Peremptorystrikes allow the parties to McCain,sup ra, 561 So. 2d at 234. (e) Business, professional or employ strike at will those jurors not subject to A challenge for cause is properly over ment relationship with a party. Cray challenge for cause. Each side has six ruled if the prospective juror persuades u. Sherwood, 436 So. 2d 836 (Ala. peremptory strikes in a venire of 24 the court that he or she can render a fair 1983); Welch u. City of Birmingham, jurors, and one strike for every two addi and impartial verdict. Jarrell u. Stale, 389 So. 2d 521 (Ala. Cr .App. 1980); tional venire members. The most signifi 355 So. 2d 747 (Ala.Cr.App. 1978). How Kendricku. Birmingham So. R. Co., cant limitation on a party's discretion in ever, if potential jurors exhibit probable 254 Ala. 313, 48 So. 2d 320 (1950). exercising peremptory strikes is the preju dice, they should be struc k for unconsti tutionality of striking jurors (f) Stockholder of interested party. Wal cause even if they state they can be fair solely on the basis of race. See Batsonu . lace u. Alabama Power Co., 497 So. and impartial. Knop u. McCain, supra, Kentucky, 476 U.S.79 (1986). 2d 450 (Ala.1986); Mitchell v. Vann, 56 1 So. 2d at 232 (two jurors should 278 Ala. l, 174 So. 2d 501 (1965). have been struck where one said people D. Procedures for selection of "are too quick to sue'' and that the "evi Sufficient cause did not exist to re jurors dence would have to be overwhelming quire removal of jurors for cause in the The process for selecting juror s and for Iplaintiff) before I would be willing to following cases: alternates is established in ARCP47( b), THE ALABAMALAWYER May 1993 I 177 which supersedes §12-16-140 of the alternate position. The first alternate F. Presentation of Evidence Codeof Alabama (1975). Rule 38(b) pro juror is the last name stricken before the 1. Wibtess teatimoll)I vides that a jury demand is deemed to be regular number of jurors was reached; Asa general rule, the testimonyof wit a demand for a struck jury. Rule 47(b) the second alternate is the next to last nesses is to be taken orally and in open provides that jurors shall be selected name stricken and so on until the num court. ARCP43(a); Naffison v. Wienjies, from a list of at least 24 competent ber of alternates determined by the court 466 So. 2d 125 (Ala.1985). A party has a jurors, with the parties alternately strik is reached. Alternates who are not used right on direct and cross-examinationto ing one from the list until 12 remain. are discharged before the jury retires to conduct a thorough examination of a The party dema nding the jur y may consider its verdict. Regular jurors who witness. Camble, McElroy's Alabama strike first. Not more than six additional are unable or disqualified to perform Evidence,§ 121.01, 3d ed., p. 249. Lead jurors may be impaneled to sit as alter their duties before the jury retire shall ing questions may be asked on cross nate jurors. For the purpose of striking also be discharged. See also§§ 12-16· examination and in the examination of lhe jury when multiple claims or actions 230 through 233 Ala. Code (1975). The adverse witnesses. ARCP43(a ) and (b). are tried together, Rule 47(c) provides parties may stipulate to a jury of fewer However,a witness has a right to be pro that two or more parties having relative than 12 or to a non-unanimous verdict. tected from certain conduct, including ly similar interests may be aligned as a ARCP48. mistreatment or being asked to give single party. Alternat ively, the court "yes" or "no" answers when he or she may add additional names to the ju ry E. Opening statements cannot do so or without an explanation. venire and pern1it strikes to be exercised In opening statements, counsel may McElroy 's, supra, at §§ 121.91 and separatelyor jointly. The plaintiffis gen state their theories or the case and what, 121.02. Generally. only one counsel on erally entitled to half or the total num in good faith, they expect the evidence each side may examine a witness. Id. at ber of strikes allocated to all parties. to show. NationwideMut ual Ins. Co. u. § 121.03. However,all counsel have the Rule 47(b) also states that alternates Smilh, 280 Ala. 343, 194 So. 2d 505 right to make objections on behalf of a must have the same qualifications. and (Ala. 1966): Cook u. Latimer, 274 Ala. party. Id. The trial court may ask ques be subject to the same examination, as 283, 147 So. 2d 831 (Ala. 1962);A tlanta tions, even leading questions. as neces regular jurors. Alternates are struck Life Ins. Co. u. Ash, 228 Ala. 184, 153 So. sary. Id. at§ 121.04.Suc h questions may from a list containing the names of at 261 (1 934). The opening statement is not leave the impression that the court least three competent jurors for each not evidence, and does not technically favorsa particular party. Id. conslitute ''admissions. " Wilkey u. 2. Documentary and State. . 238 Ala. 595. 192 So. 588 (1940). demonstrati"e e"idence The time, manner and character of a The use of documents, graphs, charts, party's opening statement regard ing diagrams. etc. has been encouraged by what he or she expects to prove are the supreme court as an aid to the trier within the trial court's discretion. State BANKRUPTCY of fact. Crocker v. Lee, 261 Ala. 439, 74 u. Hargrove,282 Ala. 13. 208 So. 2d 444 So. 2d 429 (1954). Documentary evi (1968). Although opening statements dence should be admitted into evidence attk dead are not evidence, counsel may not intro before it is read or argued to the jury. duce immaterial, incompetent or preju PERDIDO BEACH Poole 11.L ife & Cas.Co . of Tenn., 47 Ala. dicial matter in the opening statement. App. 453,256 So. 2d 193 (1971). Howev Horton v. ContinentalVolkswagen, In c., JUNE 4 - 5, 1993 er, if a diagram, blackboard drawing or 382 So. 2d 551 (Ala. 1990); Brown v. other item is used by either or both par Leek, 221 Ala. 319. 128 So. 608 (1930). ties while interrogating a witness and Thus, it is inappropriate for counsel to Sponsored by the exhibited to the jury, it becomes evi refer to matters which would improper dence even if not formally introduced. BANKRUPTCY & ly influence the jury. Atlanta Life Ins. Henle.I/u. Lollar,35 Ala. App. 182,44 So. Co. v. Ash, supra, 153 So. at 188. Some COMMERCIAL LAW 2d 791 (1950) (attorney's drawing of statements may be so prejudicial as to intersection where accident occurred); SECTIO N cons titute reversible error when a Arrick u. Fanning, 35 Ala. App. 409. 47 motion for new tria l is den ied. Cups So. 2d 708 (1950) (diagram of accident $100 (Members) CoalCo ., Inc. v. TennesseeRiver Pulp & scene); Sou/hem Ry. Co. v. Stonewall Paper Co., 519 So. 2d 932 (Ala. 1988) S 120 (Non-members) Ins. Co., 177 Ala.327, 58 So. 313 (1912) (reference to inadmissible prior convic (written inst rument); Reed v. Sears, Cred.iis: 6.0 tion); Norton v. Conli11enlal Volkswa Roebuck & Co.• 214 So. 2d 857, 44 Ala. gen, Inc .. supra, 382 So. 2d at 552 App.506 (1968)( microfilmshown to the For more information (reference to size or wealtl1of automo jury). call Larry Voit at bile dealersh ip and owner thereof , a non-party);Cook v. Latimer, supra. 147 3, Depositiom (205) 343-0800 So. 2d at 285-86 (appeal to the sympathy The use of depositions at trial is gov of the jury). erned by ARCP32. Rule 32 allows(]) any 178 / May1 993 THEALABAMA LA WYER party to use the deponent's deposition to 584 (1912) (motoTman allowed to face, show the expectedanswer, counsel contradict or impeach the witness' trial demonstrate with his hands the method must make an offer of proof to preserve testimony; (2) an adverse party to use a of stopping the car); Ensor v. Wilson, any error on appeal. Ensor v. Wilson, party's deposition for any purpose; and 519 So. 2d 1244 (Ala. 1987) (in medical 519 So. 2d .1244 (Ala. 1987). During the (3) any deponent's deposition to be used malpractice action alleging brain dam offer of proof, counsel must establish the if the witness: (a) is dead; (b) is out of age and retardation of child, demonstra relevancy,mater iality and competencyof state or is more than 100 miles from the tion permitted betweenchild and special the expected answer. Id. at 1262; location of the tr ial; (c) is a licensed education therapist to show child's cog Mersereauv. WhitesburgCenter, Inc., 47 physician or dentist; (d) fails to attend nitive ability); Willis/onv. Ard, 21 ABR Ala. App. 146, 251 So. 2d 765 (Ala.Civ. pursuant to subpoena; or (e) as justice 298, 305-307 (Nov.20, 1992) (in-court App.1 971). Counsel must lay any neces may require. demonstration proper of brain-damaged sary predicatesand otherwiseoffer testi The procedure for introducing the child's physicaldisabilities and cognitive mony in an admissible form. Gulf Am. deposition is as follows: The examining abilities in malpracticecase). Fire& Cas. Co. v. Gowan,283 Ala. 480, attorney should obtain the servicesof an 218 So. 2d 688 (1969).Under ARCP 43(c ) individualwho acts as the deponent, and 5. Viewing and inspection the court may require the offer to be as the examining attorney reads ques The trial court may permit the jury to made out of the jury's presence. The tions from the deposition,the individual view the property or accident scene in court may add any additional statement acting as the deponent reads the depo question. MaconCounty Commissionv. to show the character of the evidence, nent's answers; the opposing party then Sanders, 555 So. 2d 1054 (Ala. 1990),; the form in which it was offered. the may object to any problematic evidence. Rutledgev. Brillian/ CoalCo., 247 Ala. objection made, and the ruling thereon. Century Plaza Co. v. Nibbe/I Sporting 40, 22 So. 2d 428 (1945).In determining See generally, Hoffmanand Schroeder, Goods,Inc., 382 So. 2d 7 (Ala. 1980). A whether to grant or refuse a motion to "Offering and Objecting to Evidence in general objection to the form of a ques view, the court may consider such fac Alabama," The Alabamalawye r, vol. 47, tion is insufficientto preserve an objec tors as the issues involved, the status of no. 6. p. 304 (Nov.1986). tion tha t could be cured at the the evidence and its inferences,whether deposition by identifying the specific the view will aid the jury in understand H. Witness Sequestration: problem; thus, the failure to raise a spe ing the issues and evaluating the evi "The Rul e'' cific objection may serve as a waiver at dence, the expense and delay involved, The ru le of sequestration requires trial of a curable defect. McKelvyu. Dor the distance to be travelled, and the non-party witnesses to remain outside nell, 587 So. 2d 980 (Ala.1991); see gen availabilityof maps, diagrams and pho U1ecourtroom during the trial. Seegen erally, McAnnally," Is an Objection to tographs of the scene. Parker v. Ran erally,liubbard , "The Rule on Exclusion the Form Enough?", The Alabama dolph Count.If,475 So. 2d U93 (Ala.Civ. of Witnesses: Beyond the Courtroom," lawyer, vol. 53, no. 5. p. 377 (Sept. App. 1985); U.S. Casi Iron Pipe & The Alabamalawyer, vol. 53, no. 2, p. 1992). If only part of a deposition is FoundryCo. v. Granger,172 Ala.546, 55 126 (March 1992); McLeod," Invoking offeredby a party, an adverse party may So. 244 (Ala. 1911). See also White u. the Rule," ATLAJournal , vol. 1, no. 3 require him to introduce all of it which, Thorington, 219 Ala. 101, 120 So. 914 (Fall 1982).The rule may be invokedby in fairness. ought to be consideredwith (1929) (viewper mitted of scene of auto any party or by the trial court. Excluding the part introduced. ARCP32(a)(4) . Any mobile accident); Johnson v. Louisville or excusingw itnesses from "U1e rule" is party may introduce any other parts. Id. & N.R. Co.. 240 Ala. 219, 198 So. 350 left largelyto the trial judge's discretion. Unless the parties agree otherwise, the (1940) (viewpermitted of railroad cross Nationwide Mutual Ins. Co. v. Smith, actual deposition should not be admitted ing where collision occurred); Kohn u. 280 Ala. 343, 194 So. 2d 505 (Ala. 1966); into evidence as an exhibit. Century Johnson, 565 So. 2d 165 (Ala. 1990) Erbenv. Erben,462 So. 2d 377 (Ala.Civ. Plaza Co. v. Hibbetl Sporting Goods, (view refused of homeowner's house App. 1984). Judges sometimes excuse supro,382 So. 2d at 11. where numerous photographs available expertwitnesses from the rule. especially depicting condit ion of structure ). where the expert's presence ,viii assist 4, In-court demonstration s Although the knowledgea jury acquires counsel. Campv. GeneralMo tors Corp., and tests during an inspection is unreported, it is 454 So. 2d 958 (Ala. 1984). If a witness Experiments.tests or demonstrations nonetheless proper evidence. We.(tern remains in the courtroom in violation of in open court are usuallywithin the trial R.1/·of Alabamav. Still, 352 So. 2d 1092 the rule, the trial court has discretion to court's discret ion; the court should (Ala. 1977). The trial court must take refuse or allow the witness to testify. require similarity of conditions and that care to assure that no unsworn testimo NationwideMutual Cas. Co. v. Smith, the test relate to substantial issues in the ny is given at the scene. MaconCounty supra, 280 Ala. at 350; WilsonBros . v. case. Shows v. Brunson, 229 Ala. 682, Commissionv. Sanders,555 So. 2d 1054 Mobile, O.R. Co., 207 Ala. 171, 92 So. 159 So. 248 (1935). See Birmingham (Ala. 1990); Morrisv. CoronaCoal Co., 246 (1922).The witness may also be held Ry., light & PowerCo. v. Rutledge, 142 215 Ala. 47, 109 So. 278 (1926). in contempt. Chapmanv. Stale, 380 So. Ala. 195 (1904) (plaintiff permitted to 2d 351 (Ala. 1980). walk before ju ry to demonstrate G. Offer of proof There has been some question as to injuries); Birmingham Ry., light & When the trial court sustains an objec whether the rule prohibits counsel from PowerCo. v . Saxon, 179 Ala. 136. 59 So. tion to a question that does not, on its informing witnesses of courtroom testi- THE ALABAMALAWYER May1993 / 179 mony. The supreme court apparently substant ial discretion to control legal (1913), and which encourage the believes that such communications are arguments to the jury. McCulloughv. jury to ignore the evidence.Smith u. not prohibited by the rule. See Chris· L&N R.Co.,396 So. 2d 683 (Ala. 1981): Blankenship, 440 So. 2d 1063 (Ala. tiansen v. lia/1, 567 So. 2d 1338 (Ala. City of Anniston v. Oliver, 28 Ala. App. 1983). 1990). 390, 185 So. 187 ( 1939). (() Appeals to the jury's sympathy by inviting jurors to stand in the shoes I. Closing Argument 3. Improper closing argument of the litigant or to put themselves in Many types of closing arguments are 1. General the litigant's place. Black Belt Wood improper and objec tiona ble. Among Counsel have a constitutional right in Co., Inc. v. Sessions, 514 So. 2d 1249 them are the following: closing argument to pursue their own (Ala. 1986);Allen u . MobileInt ers/ale (a) Matters irrelevant to the issues and Jines of argument and methods of deal Piledriuers, 475 So. 2d 530 (Ala. facts in the case. Johnsonu. Howard, ing with testimony. 1901Constitu tion of 1985); OsborneTruck lines, Inc. v. 279 Ala. 16, 181 So. 2d 85 (1965); Alabama, Art. 1, § 10; Louisville& N.R. Langston, 454 So. 2d 1317 (Ala. Moorev . Crow,267 Ala. 325, 101 So. Co. v. Tucker, 262 Ala. 570, 80 So. 2d 1984). However, the courts have not 2d 321 (1958): Louisville.& N.R. Co. 288 ( 1955); Birmingham News Co. u. been overly restrictive in applying u. Atkinson, 20 Ala.App. 620, 104 So. Payne. 230 Ala. 524 (Ala. 1935). Trial this rule. Fountain v. Phillips, 439 835 (1925). courts must give counsel substantial lat So. 2d 59 (Ala. 1983). itude in the content and scope of their (b) Matters which are not sustained by (g) Appeals to race or local prejudice. closing arguments. City al Binningham the evidenceand facts which are not Donaldv . Matheny. 276 Ala. 52, 158 u. Bowen, 254 Ala. 41, 47 So. 2d 174 in evidence. Osborn u. Brown, 361 So. 2d 909 (1963);Davis u. Common (1950). "Every fact the testimony tends So. 2d 82 (Ala. 1978); Cook v. Councilof Alexander City, 137 Ala. to show. every inference counsel may l,a/imer, 274 Ala. 283, 147 So. 2d 206, 33 So. 863 (1903); lceb u. Web U1inkarises from the evidence, the credi 831 (1962); Ala. PowerCo . u. Good ster, 213 Ala. 99, 104 So. 25 (1925). bility of the witnesses, as revealed by win, 210 Ala. 657, 99 So. 158( 1924). (h) Appeals to prejudice toward corpora the ir manner, the reasonableness of (c) Evidencewhic h was refused or reject tions. Southern life and lieallh Ins. their story. and many other considera ed by the trial court. Trauisv . Hub Co. u. Smith, 518 So. 2d 77 (Ala. tions, are legitimate subjects of criticism bard, 264 Ala. 670, l 04 So. 2d 712 1987); Gordon u. Nall, 379 So. 2d and argument." R.C.Boltling Co. u. Sor (1958); PorterCool Co. v. Davis,231 585 (Ala. 1980); Chrysler Corp. u. rells, 290 Ala. 187. 190, 275 So. 2d 131 Ala.359 , 165 So. 93 (1936). Hassell, 291 Ala. 267. 280 So. 2d 102 (1973). (d) Commentson failure to produce evi (1973). 2. The conduct of closing argument dence or to call witnesses that are (i) References to the wealth or poverty The conduct and content of counsel's accessi ble to both parties or are of either party, how the defendant closing argument are matters within the cumulative in nature. OlympiaSpa would satisfya judgment, or the eco trial court's sound discretion. PepsiCola u. Jolmson,547 So. 2d 80 (Ala. 1989). nomic effect of a judgment upon the 801//ing Co. of Luverne, Inc. u. Allen. Wangv . Bolivialumber Co., 516 So. defendant. Ashbeev. Brock, Sl O So. 572 So. 2d 434 (Ala. 1990). Thus, the 2d 521 (Ala. 1987); Donaldson u. 2d 214 (Ala. 1987); Holl v. Stale trial court may permit counsel to use Buck, 333 So. 2d 786 (Ala. 1976). Fann Mui. Au/a. Inc. Co., 507 So. 2d blackboards and charts in closing argu However, it may not be improper to 388 (Ala. 1986); Olis Ele11atorCo ., ment to clarify, explain, draw inferences, refer to the failure of a party to testi Inc.u . Stallworth,474 So. 2d 82 (Ala. or make calculations. Massey-Ferguson, fy. Trahanu. Cook.288 Ala. 704, 265 1985);Sou /hem Eledric Generating Inc. v. laird, 432 So. 2d 1259 (Ala. So. 2d 125 (Ala. 1972). The fact that Co. u. leibacher, 269 Ala. 9, 110 So. 1983):Payne v. Jones, 284 Ala. 196, 224 certain facts are peculiarly within the 2d 308 (1959); Geer Bros. .. Inc. u. So. 2d 230 (1969);Sou/hem Cement Co. party's knowledge may not be a suffi Walker, 416 So. 2d 1045 (Ala.Civ. u. Paflerson, 271 Ala. 128, 122 So. 2d cient basis to bar lhe adversaryfrom App.1982). 386 (Ala. 1960);Mclaney u. Turner,267 commenting upon a party's failure or (j) References to the existence of insur Ala. 588, l 04 So. 2d 315 (Ala. 1958). refusal to testify. Hinton & Sons v. ance coverage,Preferred Risk Mutual Moreover, counsel may argue or read law Strahan, 266 Ala. 307, 96 So. 2d 4"26 Ins. Co.u. Ryan, 589 So. 2d 165 (Ala. to the jury. Barber Pure Milk Co. u. (1957).Th e court should also consid 1991);Harvey u. Mitchell, 522 So. 2d Holmes, 264 Ala. 45, 84 So. 2d 345 er whether the party has personal 771 (Ala. 1988); Welbornu. Snider, (1956);City of Tuscaloosau. /iii/, 14 Ala. knowledge of the facts in issue; 431 So. 2d 1198 (Ala. I983 ): as well App. 541, 69 So. 486 (1915). Counsel whether the party 's test imony is as to the non-existenceof insurance may also read documents introduced unnecessary or cumulative; whether coverage.Mobile Cab & BaggageCo. into evidence, Terryu. Williams, 148 Ala. the party is unavoidably absent from v. Busby, 277 Ala. 292. 169 So. 2d 468,41 So. 804 (1906), and refer to dia trial; and whether the party is com 314 (1964). grams used by a witness but not formally petent as a witness. Id. (k) Injection of attomey's ~rsona l opin introduced into evidence. East Ten (e) Appeals to the jury's sympathy and ion as to any material fact or as to nessee, V. & C.R. Co. u. Walson,90 Ala. prejudice in genera.I, Shelby Iron Co. the guilt or innocence of the defen 41. 7 So. 813 (1890). The trial court has v. Green/ea,1 84 Ala. 496, 63 So. 470 dant SeaboardCoos/l ine R.R. Cc. v. 180 I May 1993 THE ALABAMALAWYER Moore,479 So. 2d 1131 (Ala. 1985); beyond the bounds of the adversary's raise evidentiaryissues prior to trial to Moseley u. State, 448 So. 2d 450 improper argument. Wiggins v. prevent the introduction of improper (Ala.Cr.App. 1981);Brown v. State, Perlman, 583 So. 2d 269 (Ala. 1991); matters before the jury. See Acklin v. 393 So. 2d 513 (Ala.Cr.App . 1981). Stallworthu . Holt, 534 So. 2d 1063 (Ala. Bramm, 374 So. 2d 1348 (Ala. 1979); (I) Personal attacks on the honesty, 1988). Oliveru. Hayes lntemational Corp., 456 ethics or cred ibility of opposing 5. Necusity for objedion So. 2d 802 (Ala.Civ.App. 1984).lt "offers counsel. Whitlowv . State, 509 So. 2d The appellate courts generallywill not a means of escape for the attorney 252 (Ala.Cr.App.1987); Hurt u. State, hold the trial court in error for overruJ whose historic remedy has been to 362 So. 2d 1163(Ala.Cr. App. 1978). ing motions for new trial or mistrial object and request that the jury be instructed to disregard the evidence, See generally, Rowe and Pryor, "A unless there is a time.ly objection to the which has the attendant disadvantage of Survey of Alabama Law Pertaining to improper argument or a request for a appearingto hide matters ... The motion Closing Arguments," The Alabama curative instruction. Pinckard u. Dun in limine has the advantage of raising lawyer. vol. 50, no. 1, p. 9 (January nauent, 281 Ala. 533, 206 So. 2d 340 evidentiary issues prior to trial that the 1989); see also Hammond, "Reversible (1968);Cavalier Ins. Corp. u. Gann, 57 Error in Argument to the Jury," ATlA Ala. App. 519, 329 So. 2d 573 (1976). judge might otherwisebe called upon to decidedur ing the heat and hurry of liti Journal, vol.8, no. 4, p. 27 (1980). However, if the remark or argument of counsel is so grosslyimp roper and high gation." Camble, "The Motion in lim 4. Retaliatory statements ly prejudicial that neither retraction nor ine: A Pretria l Procedure That Has and arguments rebuke by the trial court would eradicate Come of Age,'' 33 Ala.l .Reu. 1, 8 (Pall Parties who have been victimized by its effect, no objection need be made. 1981). As speci fically as possible, a improper argument have the right to Co/quell u. Williams, 264 Ala. 214, 86 motion in limine must apprise the trial "reply in kind," i.e., respond in a manner So. 2d 381 (1956). court of its object. Banner Welders,Inc. that would otherwise be objectionable. u. Knighton,425 So. 2d 441 (Ala. 1982). Smith v. Blankenship, 440 So. 2d 1063 J. Trial Motions In some cases an order granting a (Ala. 1983). However,counsel 's reply in 1. Motion In llmlne motion in limine is not absolute, but kind will be deemed improper if it goes A motion in limine allows counsel to only preliminary, and the proponent of r------, ADDRESS CHANGES Complete the form belowONLY i f there are changes lo your listing in the current AlabamaBar Directory.Due to changes in the statute governingelection of bar commissioners,we now are required lo use members' officeadd resses, unless none is available or a member is prohibited from receivingstate bar mail at the office.Additionally , the AlabamaBar Directoryi s compiledfrom our mailing list and it is important to use businessaddresses for that reason. NOTE:If we do not know of an addresschange, we cannot make the necessarychanges on our records,so pleasenotify us when your addresschanges. J\tailfonn to: AliceJ o Hendrix, P.O. Box 671, Montgomery, AL 36101. ____ MemberIde ntification (SocialSecurity) Number Chooseone: 0 Mr. 0 Mrs. 0 Hon. D Miss O Ms. D Other ___ _ FullName ______ BusinessPhone Number------Race______Sex___ Birthdate______Yearof Admission______ Firm------ OfficeMai ling Address------City ______State__ ZIP Code______County------OfficeStreet Addr ess(i f differentfrom mailing address)______ City ______State__ ZIP Code______County------L------~------~ THEALABAMA LA WYER May1 993 / 181 the evidence may offer the disputed evi Farley 11. CNA Ins. Co.. 576 So. 2d 158 everyOne.On the other hand, well-timed dence at trial for a final ruling. Ex par/ e (Ala. 1991). The "substantial evidence" (even if nol well-taken) objections can Houston County, 435 So. 2d 1268 (Ala. rule applies to all cases filed after June disrupt an opponent's otherwise highly I 983); Baxter 11. Surgical Clinic of 11, 1987. Ala. Code§ 12-21-12(1975). effective examination. Anniston, P.A., 495 So. 2d 652 (Ala. The "scintilla rule" applies to all cases 4. E-xceuive examinations 1986), In lhe absence of prejudice, the filed prior to that date. Under the sub· Some inexperienced attorneys simply trial court can permit the introduction stantial evidence rule, a directed verdict cannot resist temptation. Either they of evidence that was previouslyexcluded is proper if a party claimant fails lo pre cannot resist the proverbial "one ques in limine . Cone Building, lnc. 11. sent substantial evidence as to one or tion too many," the answer to which may /(ulesus, 585 So. 2d 1284 (Ala. 1991). more elements oi his cause of action or result in unexpected and devastating The trial court may choose to defer its defense. Danford u. Arnold, 582 So. 2d blowsto their case, or they are unable to ruling on a motion in /imine until the 545 (Ala. 1991). A directed verdict is accept the good testimony they already matter arises al trial and evidence is proper under the scintilla rul e if the haveand givehostile witnessesa n oppor presented by U1ep arties. Nash 11. Cosby, proof does not support a scintilla of evi tunity to explain or back away from it. 574 So. 2d 700 (Ala. 1990). dence in favorof the opposing party. Otis Similarly, some examiners are exceeding £le11a/orof Gadsden,In c. v. Scot/, 586 2, Motion for mistrial ly long-winded and sit down well after SQ. 2d 200 (Ala.1991 ). A mistrial is made during a trial and the jury has gone to sleep. Havea game operates to discharge the jury prior to plan beforetrial thal allowsyou to assess K. Sugge stions and verdict. A mistrial may he in order when what you need to establish. Resist the food for thought fundamental errors occur during a trial temptation to do more. The quality of advocacys kills in Alaba that prejudice the rights of a party to a ma courtrooms is high. The most effec 5. Jury charges fair trial. A motion for new trial implies a Judges are very leery of givingc harges miscarriage of justice may result if the ti\oeadvocates are U10sewho are the best prepared and who have developed their that are otherwise covered by the Alaba· trial continues. Thomas 11. Ware, 44 Ala. own styles. Civility is also important. ma Pattern Jury Instructions. Judges App. 157, 204 So. 2d 502 (1967). The Screa ming and name-calling in the also de/est giving charges purportedly trial judge has wide discretion in deter courtroom are not only unprofessional, from APJ/, but with unannounced devia mining whether incidents occurring but are ineffective advocacy.Jud ges and tions. In difficult areas of the law where during trial affect the right of either jurors Jre psychologically inclined to APJI is silent, judges want lawyers to party lo a fair trial, so as to require mis favor advocates who are well-prepared. play a productive role and help figure trial. General Finance Corp. 11. Smith, courteous and candid. Judges have few out what the law is or ought to be. 505 So. 2d 1045 (Ala. 1987);Thompson qualms in ruling against lawyerswho are Weinman& Co. 11. Robinson.386 So. 2d 6. Prese .ntation.s unprepared, discourteous or disingenu 409 (Ala. 1980}. ll is the trial court's A major weaknessin some trials is the ous. There are a few other things you duty to attempt to salvage the trial by disorganizedna ture of counsels' presen shou Id think about as you prepare for curing the error, and the trial court's tation. Frequently, there is a lack of trial: determination that ii has successfully sequential developmentof the issues. in eradicated the prejudice is ent itled to J . Exhibi ts highlighting of important points, unnec great weight. Hoffman and Schroeder, Resolveas many problems of authen essary detail, and unexplained technical supra, 47 Alabama lawyer at 310. How tication, reasonablenessor and necessity jargon. ever, ineradicable error cannot be cured for medical charges, etc.. priol' to trial. 7. Suggestions for further reading and justifiesa mistrial. Id. Far too much time can be wasted at trial Magazinesand publications published on such matters. Some judges' pre-trial S. Motion for direct ed verdict by the litigation bar contain useful orders establish a procedure by which Motionsfor directed verdict are autho· "how-to"articles in virtually every issue. exhibits are. deemed authentic and/ rized by ARCP50. Such a motion may be Some helpful articles touch ing upon or admissible if exchanged within the made at the conclusion of the oppo some of the topics discussed in this out proper time and no objections are made. nent's case, and at the conclusion of all line include: Wood, "Effective Voir Dire: the evidence. ARCP SO(a). The purpose 2. Witness preparati on A Most Important Part of the Trial," of the motion is to test the sufficiency of It is shocking how frequentlytr ial wit DefenseCounse l Joumal, vol. 58, no. 2, the evidence and thereby determ ine nesses are confronted with inconsistent p. 170 (April 1991); Morgan, "Trial whether any issues should be submitted deposition testi mony. This can only Preparation-The Whole Picture," ATL.A to the jury. Brilfant 11. Royal. 582 So. 2d mean that attorneys are not taking suffi· Joumal, vol. 11, no. 3 (fall 1991);Sam 512 (Ala. 1991). A directed verdict is cient time to prepare their witnesses for ples, "Some Thoughts on Cross Exami proper only if th ere is a comp lete trial. nation." ATL.AJ ournal, vol.2 12, no. . p. absence of proof on an issue material to 12 (spring 1992); Heninger, "Room with Object ions a claim or where there are no disputed s. a View:Open ing Statement,"ATL.A Jour Carefully gauge the number, frequen questions of fact on which reasonable nal, vol. 12, no. J, p. 4 (wintel' 1992); cy and timing of objeclions. Obviously, people could differ. Alabama Power Co. Pate, "The Strike for Cause,"ATL.A Jour unnecessary or petty objections irritate 11. Williams.570 So. 2d 589 (Ala. 1990); nal, vol. 9, no. 1, p. 40 (1981). • 182 / May1993 THEALABAMA LAWYER PROFILE Broox GarrettHolmes Pursuantto the AlabamaState Bar's He is certified as a civil trial advocate by Counsel, a Fellow of the American Bar rules governingthe electionof the presi the National Board of Trial Advocacy. l'oundation, and a ~'ellowo f the Ameri dent-elect, the following biographical Holmes has contr ibuted to continuing can Collegeof Trial Lawyers(state chair sketch is provided of Broox Carrell legal education as a lecturer and faculty person, 1991-92). He is listed in Who'.s Holmes. Holmes is the sole qualifying member at various programs and semi Whoin Americanlaw and Best lawyers candidatefor the position of president nars and served on the MCLECommis in America. elect of the AlabamaState Bar for the sion. He is a member o( the Mobile Area 1993-94term. He has also served on the Executive Chamber of Commerce, Mobile Touch Committee of the Mobile Bar Associa down Club and other civic organizations Broox Holmes tion, as chairperson of the Civil Practice in Mobile. l'or several years, he served as was born in Committee and Federal Courts Commit a member and chairperson of the board Mobile, Ala tee of that bar, and currently serves on of trustees of SL Paul's EpiscopalSchool bama Novem the AdvisoryCommittee of the U.S. Dis in Mobile and on the vestry of St. Paul's ber 15, 1932. trict Court for the Southern District of Episcopal Church. He received Alabama and is a member of the Mobile Broox Holmes has been married since his undegrad Chapter of the AmericanInns of Court. 1955 to the former Laura Claire Hays of uate degree in Holmes is a member and past presi Mobile and they have three sons: Broox, 1954 from the dent of the Alabama Defense Lawyers Jr., a practicing lawyer in Mobile; Hays, a University of Association, a member of the National graduate of the University of Alabama Holmes Alabama and Association of Railroad Trial Counsel, School of Law: and Will,a third-year stu his law degree the International Association of Defense dent at Cumberland LawSc hool. • in 1960 from the University's School of Law. where he was a member of the Alabama Law Review, Nationa l Moot Court Team, Bench & Bar Honor Society and Phi Delta Phi. Since 1960. he has FAMILY LAW SECTION been in practice with the firm of Arm Alabama State Bar brecht, Jackson, DeMouy. Crowe, Holmes & Reeves in Mobile. Between college and law school, Holmes served Uuee years on active duty in the United States MarineCorps, including service in Japan and Okinawa as a platoon leader and company executive officer in the Third Marine Regiment. Holmes has been a member of the board of bar commissioners since 1987 and was on the ExecutiveCommittee in 1990-91. He servedon the Alabama State Bar Grievance Committee from 1974-78 and as its chairperson in 1978, for which he received the bar's Awardof Merit. He also served as a member of the Judicial Inquiry Commission (1982-86),as chair person of the state bar's Litigation Sec tion (l 990-91)and on other committees JUNE 11 & 12, 1993 and task forces. He is a member of the Gulf State Park Resort • Gulf Shores,Alaba1na AlabamaS upreme Court Committee on Rules of Evidence, the American Law (Please reserve accommodations before May 11, 1993.) Institute and the AlabamaLaw Institute. THE ALABAMALAWYER May 1993 / 183 jl!ll.fl[OPPORTUNITIES The following programshave been approved by the Alabama Mandatory Continuing lega l Education Commissionfor CLE credit. For information regarding other availableapp rovedprograms , contact Diane Weldon,administrative assistantfor programs, at (205)269-1515, and a completeCLE calendarwill be mailed to you. 'MAY I JUNE ALABAMA•• •SALES & USETAX FORMANUFACTURERS ~ Montgomery EMPLOYMENTLAW ALABAMAELDER LAW: NationalBusiness Institute, Inc. Birmingham THE BASICSAND BEYOND Credits: 6.0 Cost:$128 Alabama Bar Institute for CLE Birmingham (7 I5) 835-8525 Credits: 6.0 National Businessinst itute, Inc. (800) 627-6514 Credits:6.0 Cost: $128 MOWTO PROTECTSECURED (715)835-8525 INTERESTSIN BANKRUPTCY Huntsville EFFECTIVEFAM ILY ,.,.... ~ NationalBusiness Institute , Inc. LAWPRACT ICE ALABAMAELDER LAW: Credits: 6.0 Cost;SJ28 IN ALABAMA THE BASICSAND BEYOND (715) 835-8525 Birmingham, HolidayInn Redmont Huntsville National BusinessI nstitute, Lnc. Natio11al BusinessI nstitute, Inc. u p , Credits: 6.0 Cost: $128 Credits:6.0 Cost:$128 BOUNDARYLAW INALABAMA (715)835-8525 (715)835-8525 Mobile NationalBusiness I nstitute, Inc. Credits:6.0 Cost: $128 ANNUALSEM INAR TAX INSTITUTE (715)835-8525 ON THE GULP Destin,F lorida 1 I Destin,Sandestin BeachResort AlabamaBar Institute for CLE BOUNDARYLAW LNALABAMA AlabamaState Bar Credits: 10.0 Montgomery YoungLawyers' Section (800) 627-6514 National Businesslnstitute, Inc. (205)269-1515 Credits:6.0 Cost:$128 (715)835-8525 • AUJ3AMASALES & USETAX MUNICIPALA'ITORNEYS l'OR MANUFACTURERS EMPLOYMENTANO LABOR LAW AND PROSECUTORS Mobile Montgomery Montgomery, Civic Center NationalBusiness Institute, Inc. Lorman BusinessCenter , Inc. Alabama Leagueof Municipalities Credits:6.0 Cost: $128 Credits:6.0 Cost:$135 Credits:6 .0 Cost:$60 (715)835-8525 (715) 833-3940 (205)262-2566 HOW TO PROTECT • SECUREDINTERESTS ADVANCEDWORKERS' HEALTH LAW IN BANKRUPTCY COMPENSATION[N ALABAMA OrangeBeach Birmingham Huntsville AlabamaBar Institute for CL.£, NationalBusiness I nstitute, Inc. NationalBusiness lnstil-ute , Inc. Credits: 6.0 Credits:6.0 Cost: $128 Credits:6.0 Cost;$128 (800)627-6514 (715)835-8525 (715)835-8525 184 / May1993 THE ALABAMALAWYER A Brief Look at Continuing Legal Education in 1992 In 1992, the MCLEComm ission receiveda total of 3,236 programs seeking CLE accreditation. This was nearly a 10 percent increase from the year before. Of the total number of programs reviewedin 1992, 3,192 were accredited. Pive ADVANCED WORKERS' hundred and forty-three of the accredited programs were offeredin -state, while COMPENSATION the remaining 2,649 were held outside the state. Eight in-state sponsors, how IN ALABAMA ever, accounted for more than 50 percent of the total CLE hours attended by Birmingham state bar members in 1992. Bar members attended a total of 96,265 hours of National BusinessInsti tute, lnc. CLE for the year. Credits: 6.0 Cost: $128 (715) 835-8525 Top Ten Subject Areas Based on Number of Courses Offered III 7.6% · Employment III 5.1% • Government INSURANCELITI GATION D 4.7% - Environmental LNALABAMA D 3.8% · Tax Mobile D 3.2% · Construction National Business Institute, lnc. [I) 3.1% • Criminal Credits: 6.0 Cost: $128 [TI 2.7% • Recent Developments (715) 835-8525 D 2. .7% • WiJJs& Estates II 2.7% · Civil Rights II 2.4% · Real Property LNSURANCELITIG ATION IN ALABAMA Top Ten Subject Areas Based on LawyerAtten dance Montgomery III 10.4% · Recent Developments NationalBusiness In stitute, Inc. III 9.9% - Criminal Credits: 6.0 Cost: $128 D 4.3% • Ethics (715) 835-8525 D 4.2% • Litigation D 4.2% • Family Law JULY [I) 3.6% · Judicial [TI 3.4% · Advocacy D 3.3% · Wills & Estates II 3.1% • Workers' Comp INJURIESlN THE WORKPLACE Ill 2.9% • Bankruptcy IN ALABAMA Mobile Geographical Distribution of Courses (percent by city) National Business Institute, Inc. Over50 percent of all CLEprograms acc redited in 1992were held Credits: 6.0 Cost: $128 in the ten cities listed below. (715) 835-8525 III 11.6% · Washington, DC III 8.5% - NewYork .. D 6.7% • Birmingham INJURIESI N THE WORKPLACE D 5.2% • Atlanta IN ALABAMA D 5.0% • San Francisco Montgomery [I) 3. 7% · Chicago [TI 2.6% · Nashville National Business Institute, Inc. II 2.4% · New Orleans Credits: 6.0 Cost: $128 II 2.3% · Montgomery (715) 835-8525 Ill 2.0% • San Diego Finally, 7,367 or 99.9 percent of the lawyers subject to the CLE rules com ANNUALMEETING plied within a timely fashion or filed a deficiencyp lan as permitted under Rule AlabamaState Bar 6 of the MCLERu les and Regulations.Only 34 lawyers' names were certified in Mobile, RiverviewP laza 1992 to the DisciplinaryCom mission for noncompliance. • (205) 269-1515 THE ALABAMALAWYER May 1993/ 185 54TH ABAMIDWINTER MEETING by J. MichaelMcWilliams merican Bar Association three American children will die in morning is an ABASumm it Conference President J. Michael Mc poverty this morning, and every morn on Children at which a Working Croup Williamsrecently addressed ing? wiII develop an agenda to address the D a join! meeting of the Na How can we say 'lt'II be alright' when unmet legal needs of America's children tional Conferenceof Bar Presidentsand 135,000 students in this country go to and families. We are most fortunate to NationalAssociation of Bar Executives schoolevery day carrying guns? have Judge Leon Higginbotham lending duringthe 54th ABAMidwinter Meeting Mowcan we say 'Don't worry' when a his lime and talent to chair the Working in Boston, Massachusells.He reported child dropsout of schoolelN!ry ei_qht sec Croup. on a recently completedABA member ondsof elN!ry school day? The Conferenceagenda includes child ship survey in which !he respondent How can we welfare, family support and youth ser atlorneys noted that the continuing say 'It'll be vices, paternity and child support. the effortlo promotejustice for all"was the alright' when juvenile justice system and juvenile cor top priority. This findingwas consistent 900 teachers rections, healthcare, housing, and court with the association'semphasis for /..aw are threatened, servicesfor childrenand their families. Dag 1993 of "Justice for A/I/Allfor Jus and nearly 40 While our agenda is crucia l to the tice•, and its Coalitionfor Justice that actuallyassault future of America'schi ldren, it is only as was created in San Francisco. In his ed everyhour of good as its ultimate implementation. remarks he noted the coalition had every school The ABAw ill push this agenda at the selected problems within the Juvenile J. />fichaelMcWilliams day? national level,and I implore all of you, as justice system as its first areaof empha How can we leadersof your respectivestate and local sis along with problems of /he elderly. say 'Don't worry' when during the course bar associations, to pave the way for Excerptsof his addressfollow: of a typical day, 40 children are eiiher implementationof the WorkingGroup's " . ..Today has been dubbed the ABA's killedor injured by gunshot wounds? recommendations and solutions at the 'Day for Children.' Today,the problems We still might say to a concerned state and local levels. that America's children face are a sad child: 'Don't worry, it'll be alright.' but Much of the work that must be done commentary on our society. The prob we better be worried because it is no/ to change our legal system, and the lems are many-they are tragic and U,ey going to be alright, unless we work for a quality of justice for America's children are a bane on the future. What they are safer, healthier. and more productive and families,has to happen at the state not is insoluble,and we must help solve world for our children. and local levels. them. School violenceis at an all-time high, And it is hard work-it is time, and NovelistGraham Greene once said that and the legal needsof America'schildren thought, and energy; it is organization "There is alwaysone moment in child and families are simply not being met. and commitment. Teddy Roosevelt hood when the door opens and lets lhe CBSNews once broadcast the top seven summed it up when he said that 'far and future in." Well that may be, but in the problems in public schools as identified awaythe best prize that life offers is the lives of hundreds of thousandsof Ameri by U1eteachers in 1940 as compared to chance to work hard at work worth can children,the door is nailedshut! The 1980. doing.' door has not opened for these children. In 1940, the top seven problems in I can think of no work that we. as The future is not coming in. public schools were: talking out of tum, lawyers,can do that is worth more than And recent news reports and govern chewinggum, making noise, running in improving our legal system, and the ment research lead us to seriouslyques the halls, cutting in line, dress-code quality of justice in America,for the ben tion what kind of future many of the infractions, and littering. In 1980, the eflt and protection of our most valuable children in this countryhave, if any! top seven problems in public schools resource-America's children. I wonder, how many adult Americans were: suicide, assault, robbery, rape, Organized bars around the country over the years have said to a concerned drug abuse, alcoholabuse , and pregnan have a wealth of resources to help effect child:'Don't worry, it 'll bealright?' cy. change- lobby, to educate, and indeed, Well today. how can we say 'Don't This is what America'schildren face to inspire. It has been said that the 1\lorry' when about 415 American chil daily! Socrates urged that we 'pay atten greatest achievementof the human spir dren will run awayfrom home beforeyou tion to the young,and make them just as it is to make lhe most of one's resources. concludethis morning'smeeting? good as possible.' We are not paying Let us take up the challengetogether, How can we say 'It'll be alright' when enough attention to the youth in this make the most of our resources, and 76 American children are abused or country, and what we are doing is simply make a difference in the future of this neglectedevery hour of elN!rgday? not enough.... country-because America's future- is How can we say 'Don't worry' when Concurrent with your meeting this America's children." • 186 / May1993 THE ALABAMALAWYER MIDYEAR REPORTS ALABAMASTATE BAR COMMITTEES & TASK FORCES The AlabamaState Bar's Committees and TaskForces for the 1992-1993 bar year have been busy and productive as excerptsfrom the followingmidyear reports indicat e: Committee on Access scheduled for April 6, 1993 in Monl oping a mediation model and compre to leg a l Services gomery.Both the falland spring confer hensivehandbook for use by judges and F. Luk1' Colf!/1,Jr., chair ences are being partiallyfunded by the lawyers:creating a statewideCente r for The comminee had three goals this Alabama Law Foundation through an Dispute Resolution:planning the state year, whichwere: IOLTAgrant awardedt o the Task Force court Judges' mid-winter conference; (I) to developan ongoing pro bono on Adult Literacy. The theme for the e.ncourag,ng local bar associations to programin Birmingham: spring conference is "Literacyand the create ADRcommittees; encouraging (2) 10 make contact ,,ith and propose Law". law firms to adopt the Center for Public a pro bono program to everyloca l Another project being pursuedon the Resources' policysta tements supp0rting bar associationin lhe slate; and slate levelby the Divisionof AdultEdu ADRprincip les: arranging for mediation (3) to take the idea or pro bono ~rvice cation of the Stale Department ofEduca training throughout the state; educating into everyl aw school, and to every tion is the organiza tion or a court/ the professionabout ADRthrough pre lnwst udent, in Alabama. literacyreferrnl program sta tewide. Sev sen tat ions al local bar associations; Through the assistance of the Birm eral memberso( the Task Forceon Adult maintainingan active liaisoneffort with ingham Bar AssociationPro Bono Com Literacywere appointedto lhis alterna other state bar ADRgroups: assisting the mittee and its chair. LaBellaAlvis, much tive sentencing committee, which Federal Court for the Northern District progresshas been madeon the first goal. lncludu representatives from the in implementingcertain formsof ADRas laW)'er ncruitment i.s taking place and AdministrativeOffice of Courts, Depart local proceduresand working with the referralsare beingmade in Birmingham. ment o( Corrections and Board of Par state bar's CorporateCounsel Section to Concerning the second goal, only one dons and Paroles. includea lead article on ADRin its first local bar hasrefused to be a part oi the newsletter. pro bono program and four local bars The Alabam a lawy er ha\'e not respondedto any communica Bar Directory Task For ce on Bench tion, lhus far. As for the third goal,visits Teresa R. Jacobs, chair and Bar Re latlons to classes al the Uni\lersityo f Alabama The committee completed its objec llor1ornble Joe Phelps, chair School of Law and the Cumberla nd tives for lhe 1992-93 bar year with the The committee planned a joint bar, School of 1,;iw have already been made. publicationof the eighth edition or the judicial college and cu; function. The ltfforts are underwayt o line up waysfor directory . Responses received from program was held January 21, 1993 in students to gain legal experience membersof the bar concerningthis edi Birmingham.The programwas verywell through pro bono programs. Contacts tion have been overwhelmingly positive. receivedwith approximately70 lawyers are also being made with the other law Several suggestionshave been made for and over 100judgu in attendance.This schoolsin the state. improvements. some of which can be joint bar. judicialcollege and cu;:func possiblyincorporated in future editions tion was the first programthat has been Task Force on Adult literacy if economicallyfeasible. plannedand carried out on sucha eoop.. lgnnr 8. Kilchms , chair erati\-ebasis. The conferenceconsisted of On the stale le\'el,the AlabamaLitera Task Forc e on Alternative a one-dayinstructional course and video cy Coalitionsponsored a conferencein Dispute Resolution on alternative dispute resolution. The November1992 to bring together deci Manhall Timberlake,chair social followingthe day'sprogram was sion-makersin the literacy community This task force has been extremely well attended. and enabled lawyersand and supporl groups lo formulat e a active for U1epast nine months and has judges lo meel anti talk together in a statewidep lan for literacyfor the 1990s. accomplished or is in the process of relaxed atmosphere. The task force is A slatcwide spring literacy conference is accomplishing the following work:deve l- presently working with lhe Alabama THEJ\LARAMA LAWYER May 1993I 187 Judicial College toward planning a simi ment, the contractor is discouraging Lawyer Advertising and lar function( or the Mobile meetingor the visits to·the inside of the building for Solicitation Committ bar. safety reasons. It is expected the build Lisa Huggins, chair ing will be operational and ready for Three subcommittees were appointed Indigent Defense Committee occu pany the first part of September by the chair to work on three priority E. Hampton Brown, Jr., chair 1993. areas. The first subcommittee, headed At the request or the Administrative by Steve Coozee. will study and make Director of Courts, this committee rec Task Force on recommendations regarding the need om mended additions, deletions and Judicial Selection to make or change rules re lating to other changes to proposedlegislation L o Robert P. Denniston, Jr., chair direct mail advertisements. This com permit legal counsel to contract with The task force has monitored Alabama mittee will also compare existing rules the Judicial circu it where indigent voting rights litigation now on appeal to to those of Texasa nd Florida and possi defense services are to be provided. In the Eleventh Circuit, developments bly other states. The second subcommit addition, the committee is continuing nationally concerning merit selection tee, headed by Keith Veigas.will study the study on the adequacyand fairness and developmentsconcerning nonparti· and make recommendations relating to or appointment, use and compensation san elections.There has been litlle activ· Alabama's advertising rules. The third o( counsel throughout lhe state of ity of significanceon these three topics. subcommitteewill study unethical solic Alabama.The committee continues to The main emphasisof the task force dur itation and potential solutions to this believe that the defense of indigents is ing the current year has been on the problem. continu ing to decline because of the subject of campaign contributions and compensation of counsel and because expenses. The topic has also received Lawyers Helping Lawyers the apparent inadequacyand unfairness exposure in the media. A draft of the Committee of appointment of counsel throughout report on this subject was circulated C. Terrell Wynn, Jr., chair the state. Without more money for the among all members of the task force This committee met at Still Waters in administration of indigent defense, the beginning with the current year. The October 1992.Charley Shults , a rehabil crisis will worsen to the point where we thrust of the draft recommendationsin itation alcohol counselor, along with may have pro bono appointments in the report is for voluntaryact ion and not John Pittman Mullins , a substance criminal cases. for legislative action. Finally, the task abuse coordinator, and Ernie Machen, force has monitoredbills currently pend who is very active in the North Carolina Judicial Building Task Force ing in the Legislatureon the subject of Bar, were a part of the program.A noth Maury D. Smith , chair campaign contributions (S.B. 288, 472, er meeting of the committee was sched On November1 8. 1992. the task force 477 and 478 and H.B. 352.) uled for March 12, 1993 to discuss the met with Chief Justice Sonny Hornsby, implementation of the ALA-PALSCom the committee of the courts and the Law Day Committee mittee. project architect for a progress report Robert E. Lusk , Jr., chair The committee is receiving more and review of the building plan and The committee was divided into four referrals of lawyers with problems. design. The formative stages of the subcommittees, including the Alabama Because the grievance process is not monumental dome has been completed, Public Televisionprogram sponsorship coordinated with the ALA-PALSCom and a great percentage or the limestone subcommittee, mini-spots subcommit mittee at this point, the committee will cladding of the building had been tee, media subcommittee and statewide continue to strive to make this a coordi· accomplished. The windowsare current essay contest subcommittee.The chairs nated process. ly being installed. of these subcommittees are Judy Holt, Presently , the Judicial building is Chris Christ, Jim Mainand Steven Sears, more than 75 percent complete. The respectively.An IOLTAgrant was applied Lawyer Referral Service exterior of the building is mostly com for to sponsor a law-related education Board of Trustees pleted, with the exceptionof some work series on APTto coincide with Law Day Jimmy Pool, chair still to be done on the grand stairs lead· 1993. Unlike last year, an IOLTAgrant The committee made several recom ing from the strnet, which 1\/ill be clad was not receivedto produce mini•spots. mendations concerning the Lawyer with stone. Landscapingthe grounds is The media subcommittee is working on ReferraJ Service to the Board of Bar also underway.Construction of the inte having the Governorproc laim May 1 as Commissioners, which were approved. rior of the buildi ng continues and Law Day in Alabama. Finally, the essay Effectivel' ebruary 1, 1993:referral ser involves putting up sheetrock walls and contest subcommittee is sponsoring a vice members may charge S25 for the installing built-ins and cabinets, and statewide essay contest for high school first 30 minutes of consultation; referral completion of electrical and plumbing and junior high school students. The service members will be allowed to work. Some interior detail work needs statewide contest is comprehensive and choose 15 areas of practice preference to be finished in the courtrooms involv will require the assistance of local bar from the referral application instead of ing custom case work on the Judges' associations. Winnersoi the contest wiJJ ten, and the referral service application benches and the pews.Due to the interi be announced in The Alabama lawyer was revised regarding areas o( practice or scaffolding,de bris and power equip- and will receive savings bonds. preference. 188 / May1993 THE ALABAMALAWVER Loc:al Bar Activitie s and information on two other programs, Profe ssional Economi cs and Services Committ ee Pehny-Wise, an office products catalog Te chnology Committee Thomas E. Bryant, Jr., chair company, and TransNational Financial Romaine S. Scott, Ill, chair The committee has contacteda ll local Services.an affinity card company. Thecommitlee has met twice and has bar presidents to encourage them to uti A sample brochure has been prepared also communicated on numerous occa lize The Alabamalawyer as a means of listing the various services which the sions regarding committee members' keepingthe bar informedabout the hap bar offersmem bers. The task force is In specificassignments. penings in their local areas. It is also the process of obtaining a price on Most of the commillee's energy has hoped that by encouraging local bars to printing the needed copies. If a bro been directed at the completion of a provide information about their local chure descriptive of bar services is newsletter and preparing an article for activities, this will make The Alabama approved, the mailing costs can be The AlabamaLawyer, as well as deter· /..owyermore personalized for Alabama avoidedby including it In The Alabama mining the best way lo establish a pro lawyersto read. l,awyer. fessional economics sectio n. The committee has also been investigating Ta sk Force on Military Law Committee the possibility of estab lishing a Membership Services James F. Walsh, chair statewideelectronic bulletin board simi ~rye II. 8. ftfathews, chair The Military Law Committee is well lar to the one establishtd by the Wash. The task force rece.ntlymet to consid on its way in preparation of its annual ington State Bar Association. er products and servicC$offered to the mllltarylaw symposium to be held al the The committeehas determinedthat is bar membership by four different com University of Alabama August 20-2) , desirable to publish a newslell.er for lhe panies. The task force did not feel that 1993. Members of lhe committee have benefit of the general bar membership lwo of the producls, LaserTech (re met on several occasions to selecl the or for a section membershipon a quar builder of laser printer cartridges) and course subjects for CLEand to line up terly basis. Also,lhe committeebelie-.-es lntegra (billing software), warranted speakers. At least one more meeting is it ls desirable to establish an electronic further consideration. The task force is planned to make final arrangementsfor bulletin board by which all members of in the process of obtaining additional this program. the Alabama Stale Bar could access a r------, l ADDRESS CHANGES I I Completethe lorm bel01,• ONLYif there are changesto your listing in the current AlabamaBar Directory. Dueto changesin I the statute 80"'tming electionof bar commissioners,we now are requiredto use members' officeaddresses, unless none is I availableor a member is prohibited from receivingstate bar mail at the office.Additionally. the AlabamaBar Directory is I compiledfrom our mailing list and it is important to use businessaddresses for that reason. NOTE: If we do not know of an I address change, we C11nnot make the necessaryc hangeson our records, so please notifyu s when your addresscha nges. Mail I form to: AliceJo Hendrix, P.O. Box671. Montgomery,AL 3610 I. I I I MemberIdentifica tion(Socia l Security ) Number ChOORone: D Mr. 1..1 Ml'$. .J Hon. ..JMiss C:.Ms. ._ Other _ __ _ FullName ______ B,c,inw PhoneNumber ______Race______Sex__ Birthdat•------Yearo(Admission______ r inn ------omceMailing Address ------City______Stale_ _ ZIPCode ______County ------ OfficeStreetAddrus (if dif(uent frommalling address) ------ City______Sllllc __ ZIP Code______County------L------~ TMEALABAMA LAWYER May 1993/ 189 data base of Alabama case law. briefs, will be taken within the next few In addilion, I he commiltee was messages lo and from each other, arti months, and it is hoped lhis task force responsiblefor securing a lawye.r/doctor cles from The Alabama lawyer and will be able to recommend individuals team for a presentation on drug preven other sources, as well as other informa to serve as members of the board of spe tion in schools at the G 190 I May 1993 THE ALABAMALAWYER By JOHN C. PRATHER,JR. This article,by the president-elect of the Kentucky BarAssociat ion, originally appearedin the winter 1993edition of the KentuckyBench & Bar. ho tries to justify the exis ho cannot achieve because 1 tence of lawyersas a mean he cannot commit loyalty ingful and importan t part of a to the law or to the clients seek free socie ty. The lawyer, who ing his loyalty. defends the rights of others as a Fulfi lled is the lawyer who part of his /her professional life, becomes tongue-tied realizestha t commitment to the law and loyaltyto all to and intellectually sterile in trying to explain that the whom loyalty is owed provides a basis upon which the professionis not a leech on the derriere of society, but trust betweenattorney and client is built. rather is the custodian and trustee of the ability of that society to continue to operate and live in an orderly ho must question what manner. he/she did yesterday be Fulfilled is the lawyer who justifies the existence or cause he/she did not do his/her the profession by examples of service, fidelity,and pro best research, best reading, and fessionalism. give his/her best honest effort. Lonelier yet is the lawyerwho thinks more or keepinga ho achievesmuch but shares few dollars than insuring the public against his/her little; who has the time to errors. receiveaccolades but not the time Fulfilledis the lawyer, who without regard to the eco to help younger or less experi· nomic rewardsto be achievedfrom an assignment, after enced lawyers learn how those acceptingthe assignment applies fullya ll of the talents, accolades were deserved, and who, while basking in the abilities,and resourcesava ilable to him/her in complet light of ability, fails to share that abilitywith those who ing the task. Each lawyer, of whatever talent level, has could not otherwise obtain such service. an obligation to the public, to his/her colleagues,and to Fulfilledis the professional who recognizesa duty to the professionto insure that when servicesare rendered increase the competence of the profession by sharing assurance is provided to the recipient of those services the capabilitiesof the best practitioner with the newest that an error or an omission by that lawyer will not practitioner and who thereby increases the competence unduly prejudice the innocent client who sought such of all for the benefit of the populaceserve d. services. THEALABAMA LAWYER May1993 / 191 ho carries Lheheaviest load Moses, Jesus, Gandhi, Jefferson, Lincoln, Anthony, or of alI -a grudge. King), and that lawyersh ave been afforded unique posi Fulfilledi s Lhelawyer who, hav tions and training to be able to mold public opinion, to ing given full measure of talent debate the advisabilityof change, and to overcome the and loyalty to a client, realizes passivityof inertia. that each project undertaken is a project on behalf of another. No lawyerowes to a client an obligation to carry ho, having becomea judge, hard feelings or to foster ill will toward anoLherperson finds sudden infallibilityin and particularlytoward another professional. It is a sign an ivorytower. of weaknesst o act as an objectionable advocate,while it l'u lfilled is the lawyer who, is a sign of strengLhto act as an advocateobjective ly. having becomea judge, finds that he/she was.and is, first a lawyer;who finds that the prob ho isolates himself/her lems once experiencedwhile practicing law continue to self-who withdraws from be experienced by those continuing to practice;and who the society that he had chosen to enjoysassisting rather than obstructing the legal process serve- who counts the hours, by aiding rather than deprecatingthe participants. fills out the time sheet, and becomes a prisoner to the billable hour. Lonely is that ho, having become a senior lawyerwho leaves the office merely to sit alone in his counselor, has neither the world of television, or to selfishly indulge only in per time nor the inclination to listen sonal recreational activities, only lo exist for the next to, and actually hear. a junior day's repetition. associate. f'ulfilled is the lawyerwho understands that economic Fulfilled is the lawyerwho . while having the ability to realities are a means to supporting a profession, but are share his/her experiences and wisdom, first takes the not U1epurpose for the existence of the profession.Soci time to listen to the problems or ponderingsof a young ety requires that we participatei n the world around us if lawyerand hears lhe underlying uncertaintiesand needs society is to progress and if we are to contribute to that before espousing suggestions and advice. Imagine the progression. frustration of the bright associate who takes a position with a law firm hoping to learn the law and the practice ho can see starving chi l of law at the foot and side or a respectedicon and who is dren or homeless people, relegatedto the cubicles and libraries without guidance and not share Lhe fruits of his/her or mentoring.Senio r counselors have the unique oppor successwith the Red Cross, Unit tunity to return to the profession a sense of corporate ed Way, a church fund, or some memoryand to instill a continued feelingof professional charitableo rganization. pride and responsibility. With the visions of the starving children of Somalia, the homeless in our cities, and the devastation of the ho criticizes the organized natural disasterso f south Florida and Louisiana fresh in bar, yet has never actively our minds, we cannot conceive of the lawyer, who has participatedi n a bar activity. great resources of knowledgeand finance, ignoring the l'ulfilled is the lawyerwho par needs of others. Fulfilledare the lawyerswho, on a day ticipated in (and not just by join to-day basis, share lime through pro bono programs ing) a section or committee o( the bar, who meets and and individual pro bono efforts. We are no more learns to know and enjoy other members of the profes required to contribute our time lo providing legal ser sion, and who thereby contributes to the welfare or vices for the undeserved than we are required to send those responsible as custodians of the Rule of Law. money to the Red Cross for aid to victims of disaster. Yet, how can we claim to be responsible citizens or ho uses his/her office as a responsible professionalsi f we do not do both? refuge, avoiding home and family, and gradually loses the ho stands only on the fence, ability to enjoy eiLher. taking no positions in fear Fulfilled is the lawyer who o( sustaining persona l or eco realizes that the practice of Jawis a part of life and is not nomic risk, and thereby standing life itself. F'ulfilled is the lawyer who learns that the for nothing. whole person is not made up of just a mass of chemicals l'ulfilled is the lawyer who recognizes that the great nor is the whole personalitymade up just of fealty to a est advancements of civilization were created through profession, but that living is participating In the busi peopletaki ng often unpopular positions (whether it was ness of life. 192 / May1993 THEALABAMA LAWYER YOUNG LAWYERS' SECTION By SIDNEY W JACKSON,Ill , president REPORTON POINT CLEARMEET ING he mid-winter meeting of the and torts and contracts. The YLSExecu court and domestic relations. The Sec Executive Committee of the tive Committee is working with Jan tion plans to offer this seminar again YLSwas held in February at Loomis,d irector of the AlabamaCenter this month to be available for spring bar DJthe Grand Hotel in Point for Lawand CivicEducation. admittees. Several Montgomeryyoung Clear.T he agenda includedd iscussionof lawyers were involved as "coaches" for amendments to the by-laws,the Sandes the local teams that participated in the tin Seminar, the Youth Judicial Compe Youth Judicial Mock Trial Program. tition and other matters. We were very Additionally , Montgomery YLS per honored to have as our guest at the formed a mock trial during the orienta meeting Daniel Curash of Cleveland, tion session for statewideparticipants in Ohio who is the incoming president of the YouthJudicial Program. the American Bar Association, Young Law Day 1993 will see the Mont Lawyers' Division. alo ng wit h Jack gomery CountyYoung Lawyersass isting Brown,who is a division delegate to the the MontgomeryCounty Bar Association House of Delegates.Afte r introduction of with the most visible public relations the "Yankees"by Mark Drewof Birming. and service project during Law Week ham, the committeeengaged in a spirit activi ties-Law line '93 . Lawline is ed and heated debate on the amendment offeredi n conjunction with a local televi to the bylaws. It was finally voted that sion station which publicizes the evenl the bylaws should be amended, and the Young lawyers will handle telephone amendmen t will be presented to the Sidney w. Jack son, Ill calls from viewersabout the law and the board of bar commissioners in the late court system. A toll-free number will be spring. The changes involve having a available. Hundreds of calls are handled representative from each congressional each year during U1etwo -night Lawline district on the committee, limiting the Montgomery Young Lawyer s' Program. length of serviceon the committee, pro Section very active On the run side, MontgomeryCounty viding for a statewide balloting of offi This past November, Montgomery Young Lawyers will be sponsoring a cers and automatic appQintment to the County Young Lawyers sponsored a chartered bus trip to see the Atlanta committee for the president of local bar "Bridge-the-Cap" seminar for recent bar Braves ta.ke on the Pittsburgh Pirates on affiliates. The entire bylawswill be print admittees. The seminar was well-attend July 17, 1993. Montgomery Young ed in this publication once they are ed and featured speakers, incl uding Lawyersa lso are planning regular "after approvedby the bar commissioners. three judges, on basica reas of practice in hours" get-togethers during the spring Other accomplishments at the meeting the federal courts, circuit court, probate and summer. • ind uded an undertaking to publish a manual entitled "Law for Youth" which will be coordinatedby CandiceMcCowin of Birmingham. The booklet has helped parents and teachers conveyto teenagers 1992-93 BAR DIRECTORIES the law as it appliesto them. The theme of the manual is "ignoranceof the law is no excuse."Th e manual will cover every thing from how long a juvenile can AlabamaState Bar Members: $25 each expect to be detainedat juvenile court to the proper use of motorized skate boards. Non-members:$40 each There will also be advice relativeto alco hol, drugs and tobacco, guns and other Send check or money order to: AlabamaState Bar Directory weapons, recreation, responsibility of P.O.B ox 4156, Montgomery,A labama36101 parents, students and teachers at school, THE ALABAMALAWYER May 1993/ 193 OPINIONSOF THE GENERALC OUNSEL By ROBERTW. NORRIS, general counsel UESTION : party to the suit and is not receiving any considerallon "I read something not loo long ago which I can from the Defendant(or any confidentiality agreement? not now put my hands on. II had to do with attor 3. Are any bonds of limitationsp laced on such confidentiality neys acceptinga 'non-refundableretainer fee' in. for agreements by the Rules or ProfessionalResponsibilit y? If example,a divorcecase. I belie--eI r-ecentlyread somewherethat so, what are they? a non-refundableretainer fu wasnot allowedunder the Alaba " I wouldappreciate your givingus the benefitof your wisdom ma Rulesor ProfessionalResponsibility. I wouldappreciate )'Our and insight into these many and complexissues raised by the referring me directly to any opinion or memo issued by your confidentialityagreements to which Plaintiffsand their la,"),-ers officelo that effect.I tried lo find this provisionin the rules, but are being ·bound and gagged' and the effect of Profeuional I was not able to put my hands on it immediately.If these are ResponsiblityRules on them." strictly oullawedby the bar association, I wouldappreciate your getting me a copyof whatever it is that outlawssuch a practice. NSWER , QUESTION ONE : "Secondly, I would Like to ask you about an event which The Disciplinary Commissionhas, on a number o( recently happened to us in the course or settling a fraud case. occasions, considered the question o( non-refund Our firm was representing a youn11lady against a prominent able retainers and hns consistentlty held that there Alabamastatewide bank. The casewas being settled for a certain must be some connection between the attorney's fee and the sum. The Defendantrequired that my client enter into a conli legal servicesrendered. dentialily agreement which essentiallyprovided that she would not disclose the amount or any of the terms of the settlement NSWER, QUESTION TWO: itself:however. she was not prohibitedfrom discussingthe facts The Alabama Rules of Professional Conduct of the casewith anyone. However,the Defendants'l awyerswent • require that a lawyer must abide by a client's dccl· a step further and required our law rirm separately from the sion to accepl an offerof settlement in a matter and client 10 agree not lo discloseanything having to do with the to defer lo the client regarding third parties who might be case, including but not limited lo the facts, terms of the settle adverselyaffected. Consequently. a lawyermay participate in a ment. amount of settlement, etc. Wewere also required to agree confidential settlement even though there may be a possibilityof not to discloseany of the informationin lhis caseto any publica ach,erseconsequences on third parties or the public. The Disci tion. newspaper,journal. etc. plinaryCommission recognizes. 110\\-e\'er , that there may be cir· •1 have gra,-econcerns about the ability or a defendantand a rumstances where confidentialsettlements conceal information defense law nrm imposing on a plainlifrs law firm certain that might prevent health and safetyinformation from reaching restrictions as a condition of settlements. I can easily see how the public.Such circumstancesclearly demonstrate the need for this type of weaponcan be used by the defenseba r to create a a revisedapproach to confidentialsettlements either by statute, potential conflict of interest between the plaintiff's existing court rule, or by a rule of professionalconduc L counsel and the plaintiffherself due to the fact that it is not nec essarily in our best interest to settle the ca.seaccording to the ISCUSSION, QUESTION ONE : terms impesed upon the law firm alone by defense counsel, With regard to non-refundable legal fees. the whereMit may be in the client's best interesL It seems amazing beginning principle is that the client has the abso that, in this case.the Plaintiffis not prohibitedfrom discussing lute right to terminate the services of his or her lhe facts or this case, yet the Plaintiff's lawyersare prohibited laW)-er, with or without cause, and to retain another la"';oeror from such discussionor communications. their choice. This right would be substantially limited if the "In an effort lo get this case resolvedand to preventany possi client was required to pa)•u,e full amount of the agreed- 194 I May1993 THE ALABAMALAWYER contract, prior to being discharged, entitled one to recover on with the obligation to abide by a client's decisionlo acceptan quantum meruit for those servicesrendered. offeror settlement as clearly providedin Rule 1.2. (See Anne Additionally, Rule l.16 !d) or the Rules or Professional Corr Therese Bechamps,Sealed Out-of.CourtSettlements: When duel provides: doesthe PublicHove a Right to Know?66 Notre DameL. Rev. "Rule 1.16Declining or TerminatingRepresentation l I 7 ( 1990)). (d) Upon tennination of representation,a lawyershall take Withregard to the specificquestion listed in your request.it is steps LO the extent reasonablypracticable to protect a client's the commissioner's \~ewthat it is not a violationor the Rulesor interests, such as givingreasonable notice to the client, allow ProfessfonalConduct for a confidentialseulement agreement to ing time for employmentof other counsel,surrendering papers imposemore restrictionson plaintifrs lawyersthan the plaintiff. and property LOwhich the client is entitled and refundingany Since the lawyer must abide by the client's decisionIn this mat· aduancepayment of Ire that has not bee,1 earned.The lawyer ter, in accordance\\~th Rule L2(a). there wouldbe no connict may retain papers relating lo the client to the extent pennitted betweenthe lawyerand his client in such a senlemenL More by other law." (emphasisadded I Q\,'tr,ii there is a conflictin such a situation, it is no more than Based on the above.the viewor the DisciplinaryCommission the conflict inherent in any la\\)'er/client relationshipwhere a is that no retainershould be non-refundableto the extent that it fee is negotiated/chargro.W ith regard to the second specific exceedsa reasonablefee . That is to say, that there should be question, it is the view or the DisciplinaryCommission that a some nexusbetween the feecharged and the servicesperfonned defendantor defendant'scounsel may require confidentialityas by the lawyer.For factorsfor detenniningthe reasonablenessor a condition of settlement, even though counsel is technically the fee,see Peeblesv. Miley,439 So. 2d 137 (Ala.1983 ) and Rule not a party to the suiL With regard to questionthree, the cur J.5 (a) of the AlabamaRules or ProfessionalConduct. rent Rulesof ProfessionalConduct place no limitationson the The DisciplinaryCommission applied the aboverule to con formationor confidentialsettlements by lawyers. tingent fee contracts in R0-91-05holding that a client, aner In reaching the aboveconclusion. the Disciplinary Commis entering into a contingent contract. may dischargethe lawyer sion is not unmindfulof the ongoingefforts in state legislatures, then beingenti tled to compensationonly on a quantum meruit Congressand the courts to fashiona solution that wouldfairly basis. It must be said, however,that a contingentfee client can· balance the privacya nd propertyrights of the litigants and the not wail until favorablese tllcmcnt offer has been received to safety and public health concerns Q( the public. (See e.g., discharget he lawyer. In lhat situation, Lhe lawyerca n recover AndrewBlum , ProtectiveOrder Battle Conti nues. Nnt'I L.J.. Jan on the contract i( the dischnrge waswi thout cause. See /(aushi uary 11. 1993 at 1 and Bob Gibbins,SecrOCJ / 11ersus Safety, lJ(J v. Huller, 454 A.2nd t:l73 (D.C.App. 1983), cert. denied464 Restoringthe Balance,A.13.A. J.. December1 991 al 74). • U.S. 820, 104 S.CL83 (1983). R0-92-17 ISCU SSION, QUESTION TWO : While the Alabama Rulesor ProfessionalConduct REAL ESTATE do not specifically address the ethical proprietyor a lawyerparticipating in the formationor a connden ATTORNEYS tial settlementthey, nevertheless,may be interpretedin a man LASER SOFTWARE ner makingsuch conductpennissible . Rule 1.2 or the Rules or ProfessionalConduct specifically A complete line of Rea l Es tate Closing states in sub-paragraph(al that •a lawi,-ershall abideby a client's Programs including decisionwhether to acceptan offerof settlementor a matter and ~ Hp"D's, Boyer & Seller . Sta tement s, in the Commentto that rule, that a lawyershould defer LOthe Disb ursement Registe r, Checkwriting client regarding ·concern for third parties who might be !!l Deeds, Mortgages, Notes, & Affidavit s ad\usely afftcted'. Thus. a fair readingor this rule requires the (jJ Title Policie s, Commitments and lawyerlo abideby a client's decisionto enter into a confidential Endor sem ents settlement aggreementtvffl if that agreementhas potential to (jJ FNMA and More hann third partiesor the public. This theme is carried forwardin the Comment to Rule 4.4, One time data entry , a ll cakul atio ns "ResponsibilityLO client requires a lawyer to subordinate the perfo rm ed, high qualit y p rinting of interestof others lo those or his client•, but with the caveatthat. complete document , with dnta, generated on plain paper. "that responsiblity does not Implythat a lawi,-ermay disregard the rights or third persons.'' WhileRule 4.4 does recognizethe CALL FREE (813) 763-5555 rights or third persons, it does not make the lawyer morally autonomous to the extent that he or she could disregard the desiresof the client to enter into a confidential settlement even though that settlement might shield the public from adverse healthand safetyinforma tion. AlthoughRule 2.1 provides Uut a lawyer in rendering advice m3y refer to other considerations such as moral and social considerations, nothing in the rules requiresthe client lo follow this advice.'l'hus, the lawyeris left Di.splaySys1cmr, l nc.1 180 N.W, 3rd Ave, Okcethobc.c.J1l.. 34m THE ALABAMALAWYER May 1993/ 195 RECENTDECISIONS By DAVID8 . BYRNE,JR,, WLLBURG. SILBERMAN and TERRYA. SIDES the drug connection.The SupremeCourt Ing. As the sole witness in her own SUPREME COURT OF rejected the Justice Department's broad defense, she denied Lhewitness 's incul· THE UNITED STATES - interpretation of the seizure and forfei patory statements and claimed she had never possessedor distributed cocaine. CRIMINAL ture provisions of the Comprehensive Drug AbusePrevention and Control Act In rebuttal, the government called an of 1970. Government lawyers had con additionalwitness and recalledone of its Drug forfeiture - tended lhal foder:il ownershipof all pro earlier witnesses,both of whom testified Innocent owner defense ceeds vest instanter when the criminal that the defendant sold crack cocaine to UnitedStales v. A Parcelof land. Case transactionoccurs and takes precedence them. No.91-781. 61 USLW4189 (February24. overall subsequentclaims of ownership. Dunnigan was convicted and sen 1993). May a homeowner who did not The pluralityopinion p0inted out that tenced pursuant to the United States know the home was bought with the the statute's use of the unqualified term Sentencing Guidelines. The district profits of Illegal drug traffickingresist "owner" in three places was sufficiently court foundthat she had commilledper go11emmentseizure by raisingthe "inno unambiguous lo foreclose any con· jury and enhanced her sentence under cent owner" defense?The SupremeCourt tention that the protection affordedto §3Cl.l of the Guidelines.wh ich permits answeredyes by a six-to-Lhreemargin. Innocent owners is limited to bona fide an enhancementwhen a "defendantwill The governmentmed an in rem action purchasers. Thal the funds Respondent fully impededor obstructed.or atlempt against the parcel of land on which the used lo purchase her home were a gift ed to impedeor instruct administration Respondent's home was located, alleging does not, therefore, disqualifyher from of justice during investigationor prose that she had purchased the property claiming lhal she is such an innocent cution or the instant offense." In revers· with funds given her by Joseph Brenna owner. ing the sentence, the court of appeals that were the "proceeds traceable" to It is important to point out that the found that a §3CI.J e_nhancemenlbased illegal drug trafficking. and that the Supreme Court did not resolvethe par on a defendant's alleged perjury would propertywas thereforesubject lo seizure ties' dispute as to the point al which be unconstitutional. and forfeiture under the Comprehensive guiltyknowledge of the taintedc haracter Ju slice l 198 / May1993 THE ALABAMALAVIYER a Section 547 preference.I t appears that sentatio n of the stockholder, the limitati on of ac t ion for there was no consideration for the Bankruptcy Court denied representa br inging voidab le tra nsfe r debtor which was a subsidiary of the pri tion, but, nevertheless, services contin case mary obligor and the one which ued for several weeks in the transition In re MarStores , Inc., 23 B.C.D. 1635, received the consideration o( approxi period of turning over representation to 1993 WL 43860 (Bankr.D.Mass., 1993). mately $400,000. Apparently, the Court successor attorneys. Katten later filed a Bankruptcy Judge Goodman rejects decided that the consideration going to petition for approximately $80,000 for Zilkho Energy Co.u. Leighton,920 F'.2d the parent was a valuable consideration compensation for services rendered 520 (10th Cir., 1990)which held debtor to the subsidiary debtor. There is word between February 3 and September 28, in-possession subject to Section 546(a) ing in the opinion that the parties did 1989. The Seventh Circuit denied the two-yearlimitat ion from appointmentof not dispute the fact that the intent of ent ire claim for compensation saying a trustee, thus causing the period to the loan was to pay cre.ditors of the par that it was not allowable in any respect expire two years from date o( order for ent in order to keep them from attempt as the orig inal application had been relief. To the contrary, Judge Goodman ing to pierce the corporate veil and refused. It did mention Lhat under the held that there was no limitation of time threaten assets of the debtor. circumstances, possibly the approved for the debtor-in-possessionto institute attorneys could have employed the Kat litigation arising under Section 546(a); Filing of contingency claim ten attorneys to assist them, and then it may be brought any time before the causes loss of jury trial right filed for expensesof payment to the Kat closeof Lhecase. In re Travelersln temational v. Robin ten law firm. Comment: As there are no rulings by son, 23 B.C.D. 1381, 982 F.2d 96, (3rd Comment: I am of the opinion that the Eleventh Circuit Court o( Appeals, I Cir., 1992). Travelers recovered a judg had the atto rn eys representing the suggest, in an abundance of caution, ment of over $12,000,000aga inst TWA estate employed Katten without court that one not take the chance if repre on October 22, 1991.TWA paid the clerk authorizat ion. there would not have senting a debtor-in-possession or a later of the U.S. District Court $13,693.42in been approval of the fees paid to that appointed trustee, but file within the cash to obtain a stay pending the appeal, firm. If this were so, it would be rather two-year period from the filing of the and 88 days later filed a Chapter 11 peti· simple for a law firm to employanot her petition. • lion. TWA then filed a preferencecom law firm specially,withou t seeking per plain t in Ban kruptcy Court on a miss ion or the court as is required content ion that the payment to the under Section 327(e). clerk was coidable under Sections 547 and 550. The Court set a bar date of May Attomey 's fees 15, 1992 together with admonition that In re Drexel Burnam lamber/ Grou1>, OOPS! any creditor requi red to file a claim 23 B.C.D. 1313, 146 B.R. 84, Bankr.S.D. which failed to do so would be barred N.Y. Where ban kru ptcy intervened We goofed in the March issue. from participating in the distribution of beforejudgment could be obtained, and The title of Michael E. DeBow's the bankruptcy estate. On May 14, 1992 attorney's fees were allowable only upon article, appearing on page 128, Travelers filed a contingent proof of judgment, the court refused to allow SHOULD have been "Oppression claim, in which it stated that it did not post-petition claim for attorney's fees of Minority Shareholders: waivei ts jury demand.T he Third Circuit arising out of pre-pet ition litigation . Contract or Tort". (It was listed held that by filing the proof of claim, However,the court did state that if the correctly in the table of contents.) Travelers had submitted itself to the contract sued upon gave an immediate Bankruptcy Court's equitable proof and right to attorney fees, there might be a On page 97, in the notice of had lost its rights to a j ury trial. differentr esult. the Local Bar Awards of Achieve Disqualification cause s FIRREA preempts ment, the 20th Judicial Circuit was left off the list. loss of compensation Bankruptcy Code In the mailer of Grabill Corporation, I n re WJ.P. Properties,23 B.C.D.1317, And, in the 1992-93 Bar 983 F.2d 773, 23 B.C.D. 1393, 983 F'.2d 149 B.R. 604,Bankr . Cal., December10, Directory edition of the Lawyer, 773, (7th Cir., 1993). Debtor's original 1992. The court held that in an RTC under the firm roster, the tele law firm, Katten Muchin & Zavis ("Kat bankruptcy case F'IRREA(Federal Insti phone number on page 1 ·1 0 for ten"), first represented both the debtor tutions Reform Recovery and Enforce Rushton, Stakely, Johnston & corporation and its 100 percent stock ment Act)preempts ban kruptcy law,that Garrett SHOULDh ave been list holder. Two days before an involuntary the failure of the debtor to followt he pro ed as "834-8480". petition was filed against the stockhold cedure regarding claims as provided in er, the law firm discontinued represent- F'IRREApreven ted the Bankruptcy Court The editors apologize for any ing the stockholder. After the from exercisingj urisdiction - the legis problems these mistakes may involuntary was filed, it represented the lation superrseded the Bankruptcy Code, have caused. corporation in converting into a Chap it was clear and unequivocal,no t allow ter 11. Becauseof Katten's prior repre- ing room for deviation. TMEALABAMA LAWY ER May19931 199 DISCIPLINARYREPORT Reinstatements ney for almost a month and a half. On some occasions, he • John Douglas Tarver, a Huntsville lawyer. was reinstat made promises of payment but did not fulfill them. A check he ed to the practice of law effective February J7, 1993 subject, ultimately provided was not honored by his bank. Only after he however,to a two-year period of probation. IPet. No. 90-071 was contacted by the attorney who settled the case for the • George Nicholas Babaldti s, a Birmingham lawyer,was worker's compensation carrier was payment made. Thrower reinstated to the practice of law, effective February 4, 1993 sub violated Rule l.15(b). which requires a lawyer to promptly ject, however.to a two-yearpe riod of probation. [Pet No.92-08 ] deliver funds to a third person entitled to receive them. [ASB No. 91-0651 Disbarment • Talladega lawyerWilliam N. Fannin receiveda public rep • Guntersville attorney Cecil Jllalone Matthews was dis rimand with general publication on F'ebruary 12, 1993. Fannin barred from the practice of law by order of the Supreme Court had represented the wife in a divorce proceeding. Afterentry of a of Alabama, effective June JO, 1992. A total offive charges were decree, the husband appealed, pro se. While the appeal was brought against Matthewsby the Officeof General Counsel of pending, U1e husband came to see Fannin to ask why he had just the Alabama State Bar. The evidence presented alleged that been denied visitation by the then ex-wife. During that conversa Matthews failed to file an appellant brief with the court of tion, Fannin advised him that during the appeal, neither side criminal appeals in nine separate cases. with the result that the had to comply with the provisions of the decree. Fannin specifi cases were dismissed or other counsel had to be appointed, and cally stated that neither visitation nor child support payments that he filed untimely briefs with the court of criminal appeals were required. In reliance on this, the husband stopped making in 21 additional cases. Matthewswas also charged with failing child support payments and Fannin later fileda petition for rule to comply with a previous order of the Disciplinary Board. nisi once U1ea ppeal was final At a hearing on the rule nisi, Pan Matthews failed to appear at the disciplinary hearing scheduled nin denied saying that an appeal automaticallystayed the court's to consider the allegations against him. Mewas found guilty on decree. A tape recording made by the husband during the con all charges and disbarred from the practice of law. (ASBNos . versation showed otherwise. The Disciplinary Commission 91-441,91 -442, 92-151, 92-035. 90-701) found Fannin's conduct violative of Disciplinary Rules 7- 102(A)(5)and 7-104(A)(2).[AS B No.90 -6281 Public Reprimands • On February 12, 1993 Millbrook lawyer Charles Ray • Fort Payne attorney Charles M. Scott was publicly repri Gaddy was publicly reprimanded for willfully neglecting a manded by the bar on February 12. 1993 for violating Disci legal matter entrus ted to him, a violation of DR 6-lOl(A). plinary Rules l- 102(A)(4) and (6) of the Code of Professional Caddy was retained by a client to seek increased visitation Responsibility. Scott was retained to initiate a divorce action rights of his minor child. Caddy filed a petition to modify and on behalf of a client. The client subsequently informed Scott the ex-wife counterclaimed for arrearage in child support pay· that she and her husband had tentatively agreed to a settle ments. The circuit court struck much of the petition, calling it ment of the domestic relations matter and inquired of Scott as '' ...pe rhaps the worst example of a pleading filed by an attorney to what his fee would be for services rendered. Scott initially in this Court in many years." quoted a fee of·$90,000. one-half of which he said would be due A hearing was held May 17, 1990. Caddy was generally him, with the remaining one-half to be for an out-of-state unprepared at the hearing. He conceded $1,500 in arrearage attorney whom Scott represented to the client had to be asso when the client wanted to present evidence to the contra,y. ciated in the case. In a subsequent written statement to the The client fired Caddy at the courthouse on the day of the client, Scott reduced his fee to an amount or $37,500. Mowev· hearing. He ultimately had to retain anot her attorney and er, Scott was able to document only 48.9 hours legitimately incurred $3,700 in additional fees, plus an eight-month wait to attributable lo his efforts on behalf or the client. The client finally resolve the situation. When the client sought a refund subsequently terminated Scott. l'orma l charges were filed of the S400 originally paid Caddy, he was given back $32. [ASB against Scott with a hearing ensuing thereon. The Disciplinary No. 91-7191 Board of the AlabamaState Bar found Scott guilty of violating • Jame s A. Tucker, Jr. of Jackson was publicly reprimand the two above-referenced rules for having engaged in conduct ed Pebruary 12, 1993 for willfully neglecting a legal matter involving dishonesty, fraud, deceit, misrepresentation, and/or entrusted to him and failing to seek the lawful objectivesof his willful misconduct. and for engaging in conduct that adversely client. Tucker was appointed to handle a criminal appeal in reflected on his fitness to practice law. [ASBNo . 88-646[ 1987. After the court of criminal appeals affirmed. Tucker took • Opelika attorney John Snow Thrower , Jr. received a no further action based upon his claimed non-receipt of the public reprimand without general publication on February 12, court's opinion. When he discovered that the case had been 1993. Thrower settled a worker's compensation case in which a affirmed some six months later. Tucker still took no action. At prior attorney held a recognized claim for $6,301 in attorney's a hearing to determine disicpline, Tucker admitted that he did fees. Thrower failed or refused to make payment to this attor- not "handle the file properly." [ASBNo. 88-0871 200 I May 1993 THE ALABAMALAWY ER • Camden attorney Donald lit. McLeod has been given a Friday, November 22, 1991 he informed his clients that the public reprimand without general publication for violation of bank was indeed foreclosing on their home and it would be Rule 1.7 of the Rules of Professional Conduct. In December sold at auction the following Monday, November 25. Garner 1991, while serving as part-time assistant district attorney for also told his clients that he was turning over the case to anoth the fourth Judicial Circuit, McLeod was approached by an er lawyer who would attempt to file the bankruptcy and stop individual who had been charged with resisting arrest and foreclosure. After considerable hardship on the part of the attempting to elude a law enforcement official. This individual clients, the new lawyer and his staff, the bankruptcy was filed was a personal friend of McLeod'sand, at her request, McLeod just prior to 5 p.m. on that Friday. IASBNo. 92-232] moved that the cases against her be nol prosed. The court • Haynevilleattorney Harold L. Wilson was publicly repri refused to nol pros the cases and another assistant district manded without general publication by order of the Disci attorney was assigned to prosecute the individual who subse plinary Commission. Wilson was retained March 20, J992 in a quent ly pied guilty to failure to heed the warning of a law child custody matter and received from his client a fee of $500 enforcement official. IASBNo. 92-1501 and an additional $97 for the filing fee. Wilson, thereafter, • Keith Ausbom , a Montgomery lawyer.was publicly repri failed or refused to file any pleadings in the matter. On July 17, manded without general publication for sending letters to a 1992 the client asked Wilson for a refund so that she could local Montgomery businesssman and a Montgomery business, employ other counsel. He refused, and the client asked him to indicating on the letters that copies were sent to various offi continue her case. He refused to do so. Wilson was found cials and officesbut no copies were actually sent. guilty of violating Rules 1.3, 1.4 and l.l6(d). IASBNo .92-366] The Disciplinary Commissiondetermined U1eabove conduct • Huntsville attorney Barbara C. J\tlUer was publicly repri violated Rule 3.1, taking action merely to harass or maliciously manded without general publication by order of the Disci injure another party, and Rule 4.4, regarding respect for the plinary Board, Panel 11.for representing multiple clients with rights or third parties. The Commission also determined that differing interests and failing to decline proffered employment Ausbom's conduct was prejudicial to the administration of jus where that employment was likely to result in representing tice and adversely renected on his fitness to practice law, in parties with differing interests, in violation of Disciplinary violation of Rules 8.4(d) and (g). IASBNo. 92-3881 Rules 5-lOS(a)andS -105(8). IASBNo. 91-411] • • Birmingham attorney David Barne s was publicly repri manded without general publication by order of the Disci plinary Commission for willfully neglecting a legal matter entrusted to him, in violation of DR6-IOJ(A) . In September 1986, Barnes' client received an E:EOCdeter WE SAVE YOUR mination that she had been discriminated against because of TIME ... race and had been fired in retaliation for making the discrimi nation complaint. Barnes, in l'ebruary 1988, undertook repre sentation of the client and filed a Title VII action. In June 1989, ~amell Now legal research assistance the defendant filed a summary judgment motion and brief. is av.1ilablewhen you need it. The court ordered oral argument on June 26, 1989 with the L E G A L without the necessityof adding a full-time associate or motion to be submitted on June 30, 1989. At tbe June 26 hear Resea rch ing, the court, upon learning of the EE:OCdetermination , clerk. commented that this determ ination should automatical ly defeat U1esummary judgment motion, that E:EOCdetermina With .1ccess 10 the State Law Library and Westl aw. we tions are admissible and have been held to be highly probative. provide fast and efficient service. For deadline work. we On June 30, 1989, the submission date, Barnes failed to file can deliver infonnationto you via conlmon carrier. any opposition to the motion but did submit, at 4:20 p.m., Federal Express. or FAX. a request to extend the time. The court denied the request because or the "total lack of effort or counsel to respond to the Farnell 1..egalRe search examines the issues thoroughly motion and no showing of justifiable excuse." IASBNo. 92- through quality research. brief writing and analysis. 1741 Our rates are $35.0() per hour. with a three hour • Dadeville attorney Timoth,y D, Gamer was publicly rep nlini,num. rimanded without general publication by order of the Disci plinary Commission for failing to provide competent For Research Assistance contact: representation to a client in violation of Rule l.l, for failing to Sarah Kathryn Farnell keep his client inforn1ed, in violation of Rule 1.4, and for will 112 Moore Building fully neglecting a legal matter entrusted to him, in violation of Rule J.3. Montgomery, AL 36104 Garner was retained by a husband and wife to file a Chapter Call (205) 277-7937 13 bankruptcy and paid the filing fee on September 30, 1991. At that time, they informed Garner that they were behind on their mortgage payments and the bank was threatening fore No~ ticrl&maderhal dlequa6lyol the klgal s.sn,,:es 9:>be petfotmed is(Jfe8l er //>anthe qua,tydlegal services petforroodbyodler ll •')<>'S. closure. Garner failed to proceed with the bankruptcy and on THE:ALABAMA LAWYE:R May1993 / 201 LEGISLATIVEWRAP-UP By ROBERTl. McCURlEY,JR. Revised Bu siness asked to submit alternative provisions l. Cha ng e, In sty le , format and Corporation Act (sometimes incorPQralingsubstantive organizati on; Important general The present AlabamaBusiness Corpo provisions of the present act) for the provl s Iona ration Act,enacted in 1980, is based on commiltee·sreview. Some changes are merel)' a matter or lhe Model Business Corporation Act In additio n lo draft ing this act, style, organization or format. but are. drafted by the Committee on Corporate the committee also drafted proposed nevertheless. importan t, particu larly Lawso f the Corporation, Banking and amendments to the AlabamaConsti tu since people in neighboring jurisdic· BusinessLaw Sect ion (now known sim tion. the effect of which would be lo lions will be using n statute with the ply as the Business LawSection) or the leave lo legislative discretion several same style. organizationand format American Bar Association. 11incorp o areas of corporate law that are presently Alabama legislat ors and lawyers rated significant revisions in the Model controlled by certain provisions of the should note that this act, followingthe Business Corporation Act which had AlabamaConstitution that \\-ereadopted example of other modem commercial been promulg.itedin 1969.The present before Alabamahad a general corpora· statutes, such as the UniformCommer act was a project of the Alabama Law cial Codeand the RevisedUniform Lim Institute, and succeededan earlier revi ited Partnership Ad. goes further than sion or the AlabamaBusiness Corpora the present act in breaking the various tion Acl ,vhlch had. in turn, been based provisions into separate "chapters " in part on the original 1950 version or arranged by topic. The presentact is also the ModelBusiness Corporation AcL divided into separate "articles", many of In 1984, the ABACom mittee on Cor which are continued as separate "chap porate Laws pro mu Igated the Revised ters" in the new acl. Thus, Chapter 2 of Model Business Corporation Act, the the new act, dealing with incorporation, first complete revisiono f the model act parallels Article 3 of the present act. since its original appearance in 1950. whileArticle 8 of the present act. dealing The revisedact has now been adopted in with foreign corporations, is paralleled 15 stales. In approximately ten other by Chapter 15or the newact. states, the revised act either is under The present act, however, contains study. or provisions of the revised act one large ·Article2 " calledsimply "Sub have influenced more limited revisions stantive ProvLSions" which contains 62 of lhe present statute. The original sections that encompass all manner of version of the model act was adopted in lion law. While it is hoped lhat such subjects, including corporate powers, approximately 35 states. and it seems amendments will eventuallybe adopted, corporate names. registered office and likely that the total number of stales this act hasbeen draned on the assump· agent requirements, issuance of shares adopting or drawing on the re.vised tion that the present Constitutional pro and dividends, shareholders,officers and act will ultimately reach a similar num visions are unchanged. As a result, a directors. and inspection of books and ber. number of sections of this act contain records.each or which is the subject of a This act is based on the 1984Revised phrases such as "subject to the Alabama separate "chapter"under the new acL Model Business Corporation Act but Constitution." The purpose of such Within sections, provisionsa re more includes changes recommendedby the phrases is to alert the user to the possi frequently broken Into subsections, so ABACommittee since 1984. The com bility that a provision of the Constitu lhal there are fewerlong subsectionsin mittee devoted four years to the study tion mayapply . which it may be di((icull t.o locate the or the revised act: it met for its first The twin themes embodiedin this act applicable rule. As with the Uniform time in December 1988and concluded are change and continuity: while a Commercial Code, the numbering of its work with a finalmeeting in January number of changes from present Alaba sections signals the chapt.er in which a 1993. Each provision of this act was ma law of both a substantiveand stylis provision is located and. thus. the sub subjected to intense scrutiny by the tic character are reflectedin this act, in ject matter to which it relates. members or the committee. who in a number of other cases the Alabama Another change has been to expand cluded Alabama Stale Bar members committee has preferred the present the range of the definitionalprovisions from everypart of the stale. Each provi Alabamaprovision to the rule proposed in section 1.40 of this acl, and to move sion was revieweda l least twice by the in the RevisedM o 202 / May 199:3 Tl IE ALABAMALAWYER 2. Formation of the corporation; declared in a separate section, Section issuance of shares in the Alabama Con filin g of articles and other docu 10-2A-23, will now be found in Section stitution, just discussed,since the Alaba menU 3.02(9). ma Supreme Court has held that a The new act continues the filing sys corporation's sale of treasury shares is tem under the present Alabama act 4. Corporate name not an "issuance"subject to the Consti under which the principal filing office It is recommended that the ''decep tutional restrictions. Brumfield v. Hom, for corporate documents is the office of tivelysimilar" test for the availabilityof a 547 So. 2d 415 (Ala. 1989). the probatejudge of the county in which corp0rate name of the present Alabama c. Under the present Alabamaact, the the initial registered officeof the corp0- act be continued. Section 4.01. The ABA legality of distributions is a matter, first ration is located. This differs from the version of the revised act proposed a of all, of the corporation's solvency,and, ABAversion of the Revised Model Busi change to the test of whether the pro· second, on whether it p0ssesses" earned ness Corporation Act, under which the posed name was "distinguishable on the surplus" out of which "distributions"can secretary of state's office is the principal records of the secretary of state" from be made. Whether the corporation has filing office. Section 1.25 is the provision names already taken. surp lus, and of the appropr iate kind, of the act that details in which officevar requires a determination of its "stated ious documents are to be filed. The 5. Shares and distributions capital" which typically is defined in requirements for the articles of incorpo The ABAversion of the RevisedModel terms of the aggregate "par value" of its ration have been somewhat streamlined Business CorporationAct makes a num issued shares, a concept that also defines but, unlike the ABA version of the ber of changes in this area, which is the minimum issuance price for the revised act, continue to require that a found in Chapter 6. In some cases, this shares. This act, followingthe revisedact corporate purpose be stated and that the act continues the present Alabamarule , (actually these changes to the legal capi initial directors be designated. Section someti mes with clarification, and, in tal rules were adopted in 1979 by the 2.02. One change from the present some cases, the new revisedact rule has ABAcommittee and have been adopted Alabama act is to permit the initial been adopted. in some states that have not yet adopted bylaws to be adopted by the directors. a. Under the present Alabama act, the revised act) eliminates the "earned Section 2.06(a). The present Alabamaact which tracks the 1969 ModelAct, shares surplus" and "capital surplus" tests for retains the common law rule that the can be issued only for money,other prop the validity of distributions, and retain initial bylaws be adopted by the share erty, tangible or intangible, or labor or ing an insolvencytest as the sole test for holders. The proposed change conforms services actually performed. Promissory determining the validity of a corporate the Alabamapractice to that of virtually notes and future services are expressly distribution. It should be noted that the everyother state. excluded as a form of consideration for insolvency test has both an "equitable shares.Alabama Code, Section 10-2A-36. insolvency"and a "balance sheet insol 3, Corporate purposes and powers The ABAvers ion of the revisedact would vency"aspect. Section 6.40. "Stated capi· As under the present Alabama act, considerablyliberalize this rule, permit tal" and "par value" are also eliminated Section 3.02 contains an extensivelist of ting the issuanceof shares for any "prop as a statutory concept, though a corpora corporate powers that every corp0ration erty or benefit to the corporation," tion may, if it wishes, elect the use of is deemedto possess.The Alabama Draft including promissory notes or future ser these concepts. ing Committee added certain clarifying vices. While Uiere is considerablepo licy provisions to ensure that accomodation justificationfor the more liberal rule. the 6, Shareholders guarantees in "up-stream" transactions committee felt that it could not recom This act resolves three important (where a subsidiary guarantees the obli mend that rule in viewof Section 234 of issues as to shareholder meetings not gation of a parent) and "cross-stream'' the Alabama Constitution, which pro addressedin the present act. transactions (one subsidiary guarantee hibits the issuance of shares except for Whilethe present act recognizes that a ing the obligations of another subsidiary "money, labor done, or propertyactually shareholder can expressly waivenotice of oi the same parent) are within the cata received." Rather than cont inuing to a shareholder's meeting,Alabama Code, log of corporate powers. Note that the employ the language of the present act, Section I 0-2A-49, it does not address the power of a corporation to enter into a which was derivedfrom the prior version question of whether a shareho lder's partnership, which in the present act is of the model act, the committee recom attendance at the meeting constitutes a mends that the language of Section 234 waiver. Section 7.05(b) of this act pro of the Constitution be codifiedin section vides that unless a shareholder makes an Robert L, 6.21(b) of this act. Note that if there is an appropriate objection, his attendance at Mccurley , Jr. amendment to the Constitution, Section the meeting waivesobject ion to lack of RobertL MCCurSey, Jr. 1s1he d,roc tor or 1he 6.2l(b) then could be amended. notice. This parallelsthe rule as to direc Alabama Law lns1i1u1e b. The ABA version of the revised tors under present law. Alabama Code, at 1hetkllve THE ALABAMALAWYER May 1993 / 203 AlabamaCode, Sec tion 10-2A-52of the which closely held corporationscan vary validating a transaction, rather than an present act, notes that the present act is the corporatenorms, for example, by lim overriding test. silent on tJ,al question. The AB;\version itingthe pO\versof the board. of the RevisedMode l Business Corpora 8. Mergers, share exchanges and tion Act, Section 7.25. does address this 7. Directors and officers sales of use u not in the regular issue,and provides that a quorum cannot Chapter 8 of this act deals with mat· course be broken by a shareholder's withdrawal. ters concerningdirectors and officers. In Section I 1.03 of this act continues The Alabama committee agreed that the a couple of cases, important provisions the rule under the present Alabamaact issue should be resolved,but concluded which, under the present act, are com under which a two-thirds vote is that a shareholdershould havethe power pressed into a single sect ion have required to approve a merger or share to break a quorum by withdrawal, and become entire subchapters and thereby exchange. Unlike the present act, Sec redrafted section 7.25 accordingly. made considerablymore comprehensive. tion 11.03pe rmits this voting level to be A third issue unresolved under the These are the provisionson indemnifica reduced by a provision in the articles, present act is whether a shareholder vot tion. with Subchapter E of Chapter 8, but not below a majority of the votes ing agreement is specifically enforceable. Sections 8.50 through 8.58 succeeding entitled lo be cast, which is the standard Section 7.31(a) declares that it is. Section 10-2A-21of the present act, and under the ABAversion of Section 11.03. The act uses, in Chapter 6 and else those on director conflict of interest A similar ru le applies to the vote where, the term "votinggroup ". This is a transactions. with Subchapter F, Sec required to approvea sale of assets not in new term, defined in Section 1.40(29), tions 8.60 through 8.63 succeeding Sec tl1e regular course under Section 12.02 often used to provide for situations tion 10-2A-63of the present act. and for dissolution under Section 14.02. where what is referred to under the pre While Subchapter E is a considerably 9. Dissolution sent act as "class voting" may be man more comprehensive statement of the Dissolution is dealt with in Chapter dated. However. the term is also used law of indemnification,it parallelsclose 14 of the act. The present act's dissolu· when there is on ly one "class" and ly the provisions of Section 10-2A-21of tion provisionsadopt a "two-document" hence, only one "voting group". Section the present act, which was derivedfro m procedure, under which the dissolving 7.25 is an example of this. section 5 or the prior model act. Prior to corporation first files an "Intent to Dis In Section 7.32. this act provides an undertaking the drafting of the revised solve" that commences the dissolution expanded scope for shareholder agree model act, the ABAcomm ittee had, in process; later, theoretically, a second ments. Unlike the present specialelective 1980, redrafted section 5, but that document known as "Articlesof Dissolu· provisions as to close corporations, there redrafting came too late for considera tion" finalizes the process.As a matter of is no numerical U1resholdfor the adop tion in adopting our present act. Sub· practice,the two documents are typically tion of a shareholder's agreement; howev chapter E of the revised act essentially filed at the sametime, with the Articles er, the agreement would cease lo be carries forward the 1980 redraft of old of Dissolution being filed moments after effectiveif the shares becometrade d on a section 5. One change in the ABAver U1eIn tent to Dissolveis filed.As a result, recognizedexchange. As a practicalmat sion is exclusive; however, the Alabama this act, like the revised act, adopts a ter, shareholderagree ments are of value committeeopted to continue the present "one-document" procedure in which a only in closely held corporations. The Alabama rule under which the statutory single document, denominated as the committeerecommends the repeal of the rights are nonexclusive. ·'Articles of Dissolution" but more fun electivespecial prov isions for closecorpo Subchapter P of Chapter 8 is a com tionally akin to the present "Intent to rations in AlabamaCode, Sections 1 0·2A· prehensive restatement of the law of Dissolve", will be filed. 30-0through 10-2A-313.These provisions conflict of interest transactions. Since a A second change concerning dissolu haw:been little used. Thus. Section 7.32 transaction in which a director has a tion is the introduction of a mechanism will become the primary provision by conflict of interest may sometimes be for administra tive dissolution . This worthwhile Lo the corporatio n, Sub· mechanism, provided for in Sections chapter F', like the earlier modelact pro 14.20 through 14.23, permits the secre· vis ions, recogn izes three differen t Laryof state to initiate administrative mecha nisms by which a conflict of proceedings to dissolvea corporationfo r Richard Wilson interest transaction can be validated: various grounds that parallel those for & Associates approva l by disinterested directors, which judicial dissolution has tradition shareholder approvaland the fairness of ally been available but seldom (if ever) Registered the transaction. The present Alabama used. The introduction of this mecha· Professional statu te, tho ugh based on the prior nism is accompaniedb y appropriate safe model act provision, varied from the guar ds permi tting the grounds for Court Reporte rs model act in requiring fairness as an dissolution to be corrected after notice, 17 Mildred Street overriding test, rather using fairness as and also permitting them to be corrected Montgomery, Alabama 36 107 a third alternative. The Alabama com and corporate status lo be reinstated mittee recommends a change from lhe after administrativedisso lution. There is 264-64 33 present act under which fairness would a right of judicial appeal from a denial of be a th ird alternative mechanism for reinstatement. 204 I May 1993 THE ALABAMALAWYER 10. Foreign corporations ty on an officero r agent of the corpora This act makes two important changes tion who wrongfully denies the right of with respect to foreign corporations. inspection. The first is the introduction of a cata We were fortunate to have Professor log of activilies that do not constitute Howard Walthall, Cumberland School of doing business in this state, so as to Law, and Professor Richard Thigpen, require a foreign corporation to obtain a University of Alabama School of Law, as certificate of authority. Section 15.01 (b). the draftsman and reporter, respectively, The second is the substitution in sec for Ulis project. The above reviewof this tion 15.02 of a "door closing" rule for act is taken as an excerpt from the Pref the present act's "death knell" rule in ace to the committee draft by Professor Alabama Code. Section 10-2A-247 (and Walthall. The committee was chaired by Between in two provisions of the revenue laws George Maynardo f Birmingham. Other January 28, 1993 which would also have to be amended). members of Lileco mmittee are Richard and Under the proposed "door closing" rule Cohn; James R. Clifton; James F. May 11, 1993, the courts of Alabamacanno t be used by Hughey, Jr.; Harold 8. Kushner; Greg a foreign corporation that has done Leatherbury , Jr.; Tommy Mancuso; the following attorneys business in this state without comply Tommy Nettles, IV; Vernon Patrick, Jr.; made pledges to ing, unless it first complies and pays all E.8. Peebles, Ill; Ernest L. Potter; Jim the Alabama State Bar taxes, penalties and interest. Thus, the Pruet t; Watson Smith ; and Robert Building Fund. "door closing" rule permits noncompli Walthall. ance to be cure d. The more drastic This act was introducedin the Alabama "death knell" rule, which is virtually Senate by Senator Ryan deGraffenreid, Their names will be unique to Alabama, declares all con Jr. and in the House of Representatives included on a wall in the tracts entered into by a foreign corpora by Representative Jim Campbell. portion of the building tion that does business in this state, without complying, to be void, and the Pending Institute legi slation listing all contributors. invalidity of such contracts cannot be presented to the 1993 Regular cured by subsequenUycomp lying. Session Their pledges are 1. Probate Procedure - introduced in acknowledged with 11. Records and reports the House of Representatives (H. 193) by Section 16.02 of the revisedact intro Representatives Marcel Black and Jim grateful appreciation. duces a two-tiered approach to the mat Campbell, and in the Senate (S. 286) by ter of shareholder inspection rights. As to Senators Don Hale, Michael Pigures and For a list of those certain core documents, the revised act DougGhee. making pledgespri or to providesvirtua lly automatic inspection 2. Amendments to the Administra with no restrictions. Beyondthose core tive Proced ures Act - introduced in January 28, 1993, documents, however, the revised act lim lhe House of Representatives( H. 93) by please see previous issues its the records subject to inspection, and Representative Jim Campbell and in the of The Alabama Lawyer. requires the shareholder to particularize Senate (S. 197) by Senators Butch Ellis, the records he wishes to inspect, which Ryan deGraffenreid, Jr., John Amaria nd must be directly connected to U1e proper Walter Owens. purpose he has stated. However, the 3. Limited Liabili ty Companies - revised act does nol imposeany require· introduced in the House of Representa ROBERTL . GONCE ment as to the length of time the share tives (H. 769) by Representative Hugh ho Ider has held his shares or any Holladay and in the Senate (S. 549) by percentage of share ownership, such as Senator Steve Windom. PHILLIPJ. SARRIS Alabama's present six months or 5 per The Alabama Rules of Evidence (see cent rule. As to coyporate records beyond March 1993Alabama lawyer) have been the core documents as to which there is presen ted to the Alabama Supreme an automatic right of inspection, the Court and it is expected that these pro GEORGED . SCHRADER Alabama committee concluded that posed ru les will be published in the Alabama's present rules under which a Alabama Reporter system as information shareholder has a right, for a proper pur and comment prior to their adoption. MICHAELS. SHEiER pose, to inspect all corporate records, if For further information, contact Bob he has been a shareholder for six months McCurley, director, Alabama Law Insti or if he owns 5 percent of any class of tute, at P.O. Box 1425, Tuscaloosa, stock. The Alabama committee also con Alabama 35486, or phone (205) 348- tinued the present rule imposing a penal· Nl l . • THE ALABAMALAWYE R May 1993I 205 t8 L\!LL~~u-L:L~ L~ccL:ss L-8 c ~ ~L~L-s By laVeeda MorganBattle Editor's Nole: This orlicle is reprfr,ted The PACER System Cases may not be searched by the names from the March 21, 19.93 edition of PACERis the ne,, public information of attorneys or judges. lA WDATA , the newsletter of /he Profes access service provided 1oith out charge In tracking the progress of a case, the sional Economics & Technology Ccm by the federal courts as a quick and easy system allows a lawyer to check quickly miltee of the Alabama State Bar. way for a lawyer to retrieve information for any recent activity, and you can about a specific case. With the system, obtain a docket report when something cases can be searched by party name or happens. If several cases with a common o longer must the sole practi case number. ln searching by name it is participant are being tracked and an tioner shut down a practice for helpful to enter the name exactly as it electronic docket has been obtained in a stroll lo the courthouse to appears in the court record because of an earlier session, the lawyer can review check out a file on a pending case or call the many variations of how a particular the last update to determine whether a to find out whether a defendant has name might be entered into the court new docket report is needed. PACER been served. Today, basic information record. lt might be necessary to make allows you to print any docket report as about activity on a case can be accessed several searches before locating the provided by your communications sort- easily through the typical officecomput party. Nevertheless, with PACER, it is v,,are. er with a modem. possible to locate a case using the name The only requirement for accessing In the federaland state courts, ce,t ain of any party to the litigation. Names rep PACERis that you have a computer, a basic case information can be retrieved resenting very active litigants, however, 1200 or 2400 baud modem and commu as follows: should not be used because the system nication software. The service is offered The PACER System - offered free will spend time searching and will even 24 hours a day and on weekends with of charge by federalcourts. lua lly complain that too many cases the exception of one or l:\so hours each The Remote Access System - were selected. To prevent such a result, day to update the database information. offeredthrough subscription by you should use the most unique name the state court system. among the parties to the litigation. The Remote Access System The Remote Access System was de signed by the state court system to pro vide "off-site" or third-party users such as attorneys with access to basic case information. Users may dial up the State Judicial Information System "(SJIS") BAR DIRECTORIES and retrieve information aboul criminal, civil and traffic cases. Typical inquiries will allow you to access service dates, docket dates, judgments and other case 1992-93 EDITION related information. The system is avail able during business hours (8:00 a.m. - 5:00 p.m.) Monday through Fri AlabamaState Bar Members:$25 each day. The SJIS system may not be accessed during maintenance periods or on state holidays. Non-members:$40 each To participate in the SJIS system, you must have a personal computer (IBM Send check or moneyorder to: compatible), 2400 baud telecommunica tions modem and a tele~ommunications AlabamaState Bar Directory software such as ''Crosstalk", which is P.O. Box4156 recommended.T here Is a fee for the ser Montgomery, Alabama36101 vice and the Administrative Office of Courts will provide training and docu mentation in the base fee. • 206 I May1993 THEALABAMA LAV.IYER ORDER SUPREME COURT OF ALABAMA It is ordered that Rule Vll(C), Rules Governing Admission to the Alabama State Bar, be amended to read as follows: "C. Association of Local Counsel. No foreign attorney may appear pro hac vice before any court or administrative agency of this state unless the attorney has associated in that cause an attorney who is a member in good standing of the Alabama State Bar (herein called local counsel). The name of local counsel shall appear on all notices, orders, pleadings, and other documents filed in the cause. Local counsel shall personally appear and participate in all pretrial conferences, hearings, trials, and other proceedings conducted in open court, unless specifical ly excused from such appearance by the court or administrative agency. Local counse l associat ing with a foreign attorney in a particular case shall thereby accept joint and several responsibility with the foreign attorney to the client, to opposing parties and counsel, and to the court or administrative agency in all mat ters arising from that particular cause." It is further ordered th at this ame ndme nt be effective immediately. THE ALABAMALAWYER May 1993/ 207 • M·E·M·O·R·I·A·L·S • William Guy Hardwick HEREAS William Guy Hard Lureand Senate and as Lt. Gover Room in honor of Judge Keener Wwick, a respected and distin nor, Mr. Hardwickworked tirelessly Baxley. 11ormany years he was a guished member of the Houston 1n the creation of the Houst on member of the l'arrah Law Society County Bar Association,died Jan County HospitalBoard and to estab al the University. In 1991 he uary 15, 1993,and; lish the SoutheastAlabama General received the DistinguishedAlumni WHEREAS.this association de Hospital, now known as the Hous Award. He contributed to several sires to record this memorial of our ton County Health Care Authorit)• scholarship funds Jor outstanding colleague<1nd to publiclyrecognize and Southeast Alabama Medical area youth, establishing scholar some of the achievements of his Center in Dothan. He served as its ships at Dothan High School, in professionalcareer, legal counsel from inception in honor of his wife, Dorothy, and NOW. therefore, be it resolved 1957 to his retirement in January GenevaCounty High School. that William G. Hardwickwas born 1992. The Medical Center recog Mr. Hardwick was a member of in 1910. in Hartford , Alabama, nized his enormous contributionsin the Masons,Shriners, Dothan Rotary attended the Universityof Alabama March 1992 by naming the board Club, DothanCountry C lub. Dothan and receivedhis lawdegree from the room al the hospitalin his honor. Elks Lodge, 1887.and the £'irstU nit University in 1933. ~etuming to Do Mr. Hardwickalso served as legal ed Methodist Church of Dothan. than, he opened his law practice counse l fo.r tlie Dothan Housing Our colleague was a tirel ess that same year and married the for Authority and was on the board of champion for his clients and a wor mer DorothyCreel. directors for the First National Bank thy adversary. He demonstrated a Alwaysa man of public service, of Hartford. He was an integral part l!Onstantdevot ion to the principles Mr. Hardwicllserved two terms in in the building of the Dothan Farm of fairnessand justice. His character the Alabama House of Representa Center and the creation of the Ross and integrity were shining examples fives be(!inningin 1937. Elected for ClarkC ircle. He was instrumental in to all wMoh knew im. His life's work a third term, he resigned[n order to obtaining George C. Wallace State acknowledges his compassion,fair enter the Air Force during World Community College for this area nessand love for his fellow man. His War n. He received an honorable and for bringing such businessesas many contributions to his profes discharge as a major after the war, Hayes International Corporation to sion, counlry and communityquali returned to Dothan and was elected Dothan. He participated in the con fy him as most deserving of our to the Alabama State Senate. In struction and naming of the Hall grateful recollections. 1955 he was elected Lieutenant NationalGuard Armory. Be it further resolved by the Governorof Alabama. Anactive alumni for the Universi members of the Houston County His law practice flourishedand he ty of Alabama. he was a member of Bar Association in meeting duly servedwith distinctionas a member the President's Cabinet for a num assembled that we mourn the pass of the AlabamaState Bar for over 59 ber of years. He was also a member ing from om midst of this faithful years. He was a member of the of the University of Alabama Law public servant. William G. Hard Houston County Bar Association Planning committee . and the wick, and that we herewith extend and served as its president in 1939. regional director of the Alabama our sympathy and condolences to He establishedthe firm ofHardwick, Law School CompletionCampaign . his family. Hause & Segrest. Mr. Hardwickwas instrumental in MichaelB. Bro1b11,president Whileserving in the state Legisla- obtaining the AlabamaLaw Review HoustonCounty Bar Association PLEASE HELP Us The AlabamaState Barand TheAlabama Lawyer have no wayof knowing when one of our membersis deceasedu nless we are notified. Do not wait for someone else to do it- if you knowof the death of one of our members, please I.et us know. Send the informationto : Alice Jo Hendrix, P.O.Box 671 , Montgomery,Alabama 3610 1 208 I May1993 THE ALABAMALAWYER • M·E·M·O·R·I·A·L·S • Hulon J. Martin president in 1989.He devoted a vast 1974. The people of the Sixteenth amount of time to the org;mizationin Judicial Circuit in Etowah Countv m:REAS the Honorable Hulon supporting and counseling its mem elected him circuit Judge in 1976. H~ J. Martin, a well-kno,m and re W bers and their familiesand in speak so ably fulfilledthe duties of his office spected Dothan attorney, age 51 at ing engagements throughout several Lhat he was reelected in 1982 and departed lhis life on the 22nd day of counties. Ile was selness and tireless again in 1988. DecemberJ 992; and in his demonstrationor compassion,a Judge Julius Swann. Jr. meted jus WIIEREAS the llouslo n County deep concern, and love for his fellow tice with Intellect and a high degree Bar Associationdes ires to remember man. He placed the welfare of others of ju dicial skill. llis decisions evi his name and to officially recognize abovehis own. dence his genuine concern for human his unse lfish contributions to the Martin was devoted to his familv suffering. truth and justice. He pOs· legal profession.our community and his church, his ,oide circle or frien~: sessed both commitment and com to this great nation: and and his fellow man. Hulon will he passion for all the people of his ju NOW.therefore. be it resolvedthat remembered for his steadfast friend dicial circulL Underhis leadershipas Hulon J. Martin, who was born in ships among his fellowlaW>-trs. He is presiding judge. Etowah County Houston County, Alabama, entered Suf\'l\'td b>·a daughter. Helene Mar becamea model for the state in com the United State.sArmy at the early tin Hill: a son, Seth Martin;his moth puter tracking of ca.,;es. age or 17 and activelyand honorably er, LouiseMartin; six sisters;and four Thosewho knewJudge Swannwere served his country for 23 years. Dur brothers. aware that he was a unique and spe ing his tenure in the United States HulonJ, Martinwas highly respect cial person. He had an unparalleled Army. which included assignments ed and he is truly missed by all who wiL I le was an artist. often drawing outside of lhe continenta l United knew him. caricatures of the lawyers appearing States. he earned numerous com Be it further resolvedby the mem before him. I le was a poet, a CivilWar mendations. honors and awards. Mar bers <>fth e MoustonCounty Bar Asso buff and a sp0rtsman. He touched the tin retired from military serviceafter ciation In meeting duly assembled lives or u,e people in his circuit and being commissioned in the rank of U1atwe mourn the passing of Honor state in many ways. He served as a captain. ab le ltulon J. Martin and that we member of the executive committee Martin continued his formal educa extend our sympathyand condolences of the AlabamaAssociation or Circuit tion throughout his liretime.While in to his family. Judges; as presidingjudge of the Six the military seTVice,he attended sev Michaal8. Broom.presidenJ teenth Judicial Circuit from 1981 eral uniwrsities and culminated his HoustonCounty Bar Association through 1991; 3S immediate past formaleducation in 1983 by earning a president and board member of the Juris doctor degree from Jones School Julius S. Swann, Jr. RegionalAlcohol Council: as a mem o( Law, where he was selected for ber of the Alabama Judicial College membership in the Sigma Delta Kap ulius S. Swann, Jr. received his Faculty 11SSOCiation:as the 1986 Law pa LawFraternity. Jearly education in local schools an\! received his college preparatory yer o( the Year: and in many other Martin returned lo Dothan and cap;icities. entered into the 11racticeof law, where education al Christ School in Arden, Judge Swann was married to Linda he maintainedan active practice until North Carolina. He received his col Posey Swann. He had two children. his death. He adeptlydefended a heavy lege education al University of the Seth Fennell Swann and Juliet Nicole load or criminal cases. alwaysadher South, Sewanee,Tennes,~ee. Me grad uated from Vanderbilt University Swann, and two stepchildren, Marcia ing to the highest legal. intellectual Lynne Warren and Eugene Lee War and ethical standards. He was an School or l..awin 1967. He began hL1legal career as a clerk ren. He is also survived by his moth aggressive,determined ad\oOCate of the er, brothers and a sister. rights o( his clients. Martin wa.s a for AlabamaSupreme Court Associate Judge Julius S. S\\oann,Jr. is sorely member or the AlabamaState Bar and Justice Thomas SeayLawson. Subse quently, he returned to Gadsden to miMeda.< an emintnt judge, wonder the Amtrican Bar Association. Mar ful father, dedicated husband and tin's enthusiasm for the practice of practice lawwith his father in the finn committedfriend as a result of his un law was equaled onl>·by his love of of Lusk.Swann, Bums & Stivender. timel>• death on the 4th day of fishingand hunting. Jay Swann servedthe law in private September 1992. Martin was instrumental in estab- practice in Gadsden, Alabama from 1ishing the Southeast Transplant 1968 Lo 1976. Ile served a.sAssistant GregoryS. Cusimano Organization and served as its first UnitedStates Magistrate from 1970to Cad$dl!n.Alabama THE ALABAMALAWYER May 1993/ 209 • M·E·M·O·R·l·A·L·S • Frank Jackson Martin den lhgh School in the Classof 1921. Jessica.also is a laW>'tr,the sixth gen rank Jackson Martin died on the Arter high school. he attended the eration Martin lawyerin direct line.of Universityof Alabama,where he was a descent. F30th o( April 1992.He had been a member of the bar of this state for member of Sigma Nu, graduating in At the outset of World War It, almost 65 years and was the fourth 1925.After graduation from college. although his age and familysituation generationof his familyto have been a he studied at the University's School would have kept him safe from the lawyer in Alabamu. He died respected of Law.I lis class was that of 1927and draft, Prank volunteered almost at by all who knew him and his death is he wasit s president, significant recog once and wascommissio ned into the mourned by a ramtly who loved him nilion in lhe to mpany of such nota Jud~e Adv(lcatcGeneral's D epartment devotedly and by friendswho treasure bles as Francis Hare and Carter of the Army. Afler an initial tour of hls memory. He had been a soldier for Manasco. duly at I leadquarters. Pourth Service his country and had participated After finishing law school. Frank Command at Fort McPhel'$on. Geor activelyin the li(e or his community. returned Lo Cadsden and went into gia, Frank Wa$ posted overseasto the He livedall of his life.except when he practicewith ClarenceInzer. The firm Philippines for service in General DouglasMilCArthur·.s headquarters. was 3\\'aY in school or the Arrnv. in continues to this day,though its name Gadsden. and his home for the57 has changed several limes lhrough Mu he was mustered out of active years before his death was within 300 the >"tar$, as lnzu, Slivender. Haney service. Frank returned home. in yards o( his father's house, where he &JohNOn. resumed his law practice Gadsden was reared. lie was in possession o( On April 27, 1933, Frank married and maintained it until his retirement his faculties and able to be himself Clam Jackson pf Albertville, with on June 30, 1970, when he was 65 right to the very end: courteous, con whom he livedhappily, as the old sto years old. Il e had practiced actively for siderate of others, and self-effacing.I ries promise, for the rest of his life. 43 years.Arter h is rt llrement, he Jived don't know how a man could wish for They had two children, Ann and quietly and conlentcdly. drawing his a better life. Prank, Jr. Frnnk Martin. Jr. is a lawyer pli:asureschie /ly from the company or Frank's mther was WoodsonJ. Mar like his father and lives in Virginiaand his familya nd friends. pleasures con lin. a judge or the circuit court in practices In Washington. D.C. Ann siderably augmented by his satisfac- Etowah County; his grandfather and married IV.1' . GoodloeRutland. a lso a 1ion at the performance of the great.grandfatherwere lawyersin Cal memberof LheAlabama bar, and lives University'sfootball team. houn County. He attended the public in Birmingham. Of his seven grand JomesD. Prue/I, schools in Gadsdenand finishedCads- children. one, Prank. Jr.'s daughter, Birmingham.Alabdlna Jack Glenn Davis GilbertDewayne Mobley , Sr. Bim1lngham Birmingham Admill ed; 1976 Mmllled: 1955 NOTICE Died;Janu, 1ry 26. 1993 Died:J nnuary 31, 1993 John WilliamGi llon, .Jr. Charles RobertRichards Richard C. Alexander, of Binningham R11ssel/v11le the firm or Alexander & tltfmill11d:1925 Admitted:1969 Associates in Mobile, re Died:December 14, 1992 l)fetl:October 12, 1992 quests that anyone having EdwardDavid Haigler RoyWalter Scholl, Jr. informationregarding the Binningham Binninghom will of James Edward Admitted;1936 Admilh!d:1955 Hedrick contact him at Died:February 18. 1993 Diitd:December 22, 1992 Suite 2500, First National Bank Building, Mobile, Paul Johnston Elias CalvinWatson . Jr. 8innu1gham Binninghom Alabama 36602. Phone At/milled: 1933 Admitted:1936 (205)438-3666. Died;December 8, 1992 Died;M arch 9, 1993 210 / May 1993 TIIEAI..ABAMALAWYER Eleventh Circuit Court of Appeals APPELLATE CONFERENCE PROGRAM The United States Court of Appeals for the Eleventh Circuit has established an Appellate Conference Program. Guidelines and procedures for this program are set forth in Rule 33-1, which took effect October 1, 1992. Appellate conferences are scheduled by the Court with lead counsel for all parties in selected civil appeals. Conferences are scheduled well in advance of briefing and two to three weeks in advance of the conference date. They are conducted by the Court's conference attorneys, who have had extensive trial and appellate experience and sig nificant training and experience in mediation. Most conferences are initiated by tele phone. The purposes of appellate conferences are to offer participants a confidential, risk free opportunity to evaluate their case with an informed, neutral mediator and to explore all possibilities for the voluntary disposition-of the appeal. Conferences are designed to address any matter that may aid in the disposition of a civil appeal and to reduce the attendant time and expense of the appeal. Conferences generally begin with an Inquiry as to any procedural questions or prob lems counsel might have that could be resolved by agreement. The discussion then moves to an explanation by the parties of the issues on appeal. The purpose of this discussion is not to decide the case or reach conclusions about the issues but under stand the issues and to evaluate the respective risks on appeal. In many cases , a can did examination of the probabilities for various possible outcomes of the appeal is helpful in reaching consensus on the settlement value of the case. This examination may be done in a joint session or with the conference attorney talking privately to one party. Every effort is made to generate offers and counteroffers until the parties either settle or know the case cannot be settled and the measure of the difference between or among the parties. However, no actions affecting the interests of any party or the case on its merits are taken without the consent of all parties. The Court, by rule and by verbal agreement of the parties at each conference, ensures that nothing said by the participants, including the conference attorney, is dis closed to anyone on the Eleventh Circuit Court of Appeals or any other court that might address the merits of the case. The Court strictly enforces this confidentiality rule. Further Information on this new program Is available through the Appellate Conference Office, United States Court of Appeals, Eleventh Judicial Circuit, 56 Forsyth Street, NW, Atlanta , Georgia 30303. Phone (404) 730-2820. THE ALABAMALAWYER May1993 / 211 CLASSIFIED NOTICES RATES: Members: 2 free listings of 50 words or less per bar membe r per calendar year EXCEPT for "position want ed" or "position offered ' listings - $35 per insertion of 50 words or less, $.50 per add itional word ; Nonmembers: $35 per insertion of 50 words or less, $.50 per additional word. Classified copy and paym ent must be rece ived according to the following publishing schedule: May '93 issu e- deadline March 31, 1993; July '93 issue - dead line May 31, 1993; no deadline extensions will be made. Send classified copy and payment , payable to The Alabama Lawyer, to: Alabama Lawyer Classifieds , c/o Margare t Murphy , P.O. Box 4156, Montgomery, Alabama 36101 . quality. Satisfaction guaranteed. Call us LEGAL RESEARCH:$30 hour. Experi WANTED to sell your unneededbooks. Need enced brief writer, member of Alabama shelving? We sell new, brand name, State Bar. Accessto good law library. LAWBOOKS:Wants to purchase the steel and wood shelving at discount Starting DeRamus. 317 N. 20th Street. following books: CompleteSouth ern prices. Free quotes.1-800-279-7799. Birmingham, Alabama35203 . Phone Reporter, 1st and 2nd Series; Complete National Law Resource. (205) 328·7208. No representationis Alabama Digest; Complete Appleman made that /he quality of /he legal ser on Insurance; Complete CorpusJu ris LAWBOOKS: WIiiiam S. Hein & Co., vices to be performedis greater /han Secundum; and Complete Amerk:an Inc., serving the legal community for the quality of the legal servicesper Juris Prudence.Anyone wantingto sell over 60 years. We buy, sell, appraise formedby other lawyers. any of these books please contact all law books. Send want lists to: JacksonW . Stokesat P.O. Box 356, FAX (716) 883-8100 or phone 1-800- LEGAL RESEARCH:Expe rienced Elba, Alabama36323 or phone (205) 828·7571. attorney, member of AlabamaState Bar 897·2894. since 1977. Accesst o state law library. LAWBOOKS: Complete set of United WESTLAWavailable. Prompt deadline Slates Code Annoted. Cafl James searches.Sa rah Kathryn Farnell, 112 FOR RENT Marks, (205) 383-2435. Moore Building, Montgomery, Alabama 36104. Phone (205) 277-7937. No rep LAWBOOKS:Sh iny new, completely resenlatlon Is made Iha/ /he quality of BEACH HOUSE: Gulf Shores. Alaba· updatedset of CorpusJuris Secundum /he legal services to be performedis ma. Houseson beach. 2, 3. 4 bed· availableat deep discountwith free greaier than /he quality of legal services rooms,sleep 8·12, fully furnished. deliveryto Alabama, Georgia, Florida performed by other lawyers. Phone (205) 836,0922 or (205) 833- and South Carolina. Call Deanaat (800) 2245. 394-2767, extension 205. EXPERTWITNESS: Exa mination of questioneddocuments . Handwriting, LAWBOOKS:AFTR 1-52: AFTR 2d 1· typewritingand relatedexam inations. FOR SALE 53; Tax Court (P-H looseleaf) 35-83; Internationally court-qualified expert wit STA & Tax Ct. Memo 1-52; JTax 1970- ness. Diplomata,Ame rican Board of LAWBOOKS:The LawbookExchange , 85. Leave messageat (205) 677-4889 Forensic Document Examiners. Mem· Lid. buys and sells all major law books, (day) or (205) 983-4972(n ight). Michael ber: American Societyof Questioned state and federal, nationwide.For all Crespi,Ho uston CountyCourthouse , DocumentExami ners, the International your law book needs.phone 1-800·422· Dothan,Alabama 36303. Association for Identification, the British 6686. MasterCard,V ISA and American Forensic ScienceSociety, and the Expressaccepted. National Association of Criminal Defense Lawyers. Retired Chief Ooru SERVICES RULES: Model Rulesof Professional ment Examiner, USA Cl Laboratories. Conduct.Per sonal copies availablefor Hans Mayer Gidlon, 218 Merrymont $5 (includes postage).Ma il check to EXPERTWITNESS : Traffic engineer, Drive, Augusla, Georgia 30907. Phone P.O. Box 671, Montgomery, Alabama consultanVexpert witness.Graduate , (706) 860-4267. 36101. Pre-paymentrequired. registered. professional engineer. Forty years· experience. Highway and city EXPERTWITNESS: Cert ified Forensic LAWBOOKS:Save 50 percento n your roadwayzon ing. Write or call for DocumentExam iner. Chief document law books. Cafl National Law Resource, resume,fees. Jack W. Chambliss, 421 examiner. Alabama Departmentof America'slargest law book dealer. Huge BeliehurstD rive, Montgomery. Alabama ForensicS ciences, retired. B.S., M.S. Inventories. Lowest prices. Excellent 36109. Phone (205) 272-2353. Graduate, university-basedresi dent 212 / May1993 THE ALABAMALAWYER school ondorument examinatoon.Pub· Army Cnminal fnves1igatlon Laborato COLLECTION ATTORNEY: A fished nationally and internationally. nes Latent Pnnt Exam,ner. Sidney C. progreSSNeauto finllnce company Is Eighteen years· trial experience Yarbrough. 10 County Road 1423, seeking a11orney(s)with experience in s1a1elfederalcourts of Alabama. Cullman, Alabama 35055. Phone collection and bankruptcy law to handle Forgery, alterations and document {205) 739·0192. Its ca.seload on a retainer basis in aulhentlcily examinations. Alabama. Please send resume to Criminal and non-criminalmauers. GCI, P.O. 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If Interested please conlact Academy for Paralegal Studies has months; $58 for six months. Federal John Rothman, Oklahoma qualified paralegals in your local area Repol'1s, 1010 Vermont Avenue , NW, MediatlorvArbi1ra1oonService . ready for employmentin law offices #408-AB, Washington, 0 .C. 20005 . 7666 e. 61st Stree~ Surte335 . and corporations. Our paralegal Phone (202) 393-3311 VISA and Tulsa, Ol THE AL\BAMA LAWYER May1993 / 213 INTRODUCING THE BREAKTHROUGH THAT MAKES WESTLAW • THE ONLY RESEARCH SERVICE THAT UNDERSTANDS PLAIN ENGLISH, It's,,u,ftlJ'k. t'\'ffl ~ = No,.-cnJct b"')'ffl areo,JJ1ng WIN Ott gcum;igrc:it raulisthe ftr11 blDe. "rcnl:llbbie":nl ",ncraliblyaccunue.. J8a( Com('ltCn 11«udiroquell in the llrolean lan 20 C""5 WIN r..,nJwere righr,m ~int· bfJ!(ftr~ guage with d 10 &uno reques, U.