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VOL. LVIV WINTER 2012-2013 NO. 2 WOMEN IN THE PROFESSION Introducing a new way to research. BriefServ, a service of the Mississippi Law Journal, provides detailed summaries of Mississippi Supreme Court and Mississippi Court of Appeals decisions. A subscription to BriefServ, formerly known as the Mississippi Case Briefing Service, includes a weekly newsletter summarizing the courts' decisions and access to BriefServ's searchable database. Each brief includes headnotes, a summary of the facts, issues addressed, the holding, and the full opinion of the court. BriefServ provides access to all of this information and is searchable by practice area, keyword, and date. Please visit www.msbriefserv.com to subscribe or start a free trial. ONLY $95 PER YEAR www.msbriefserv.com | 662.915.6870 FACTS AND FIGURES OF SUCCESS GRADUATING CLASS (MAY 2012) #!4 male 8doption ;roject !"# $% degrees 134 female (ission Airst 'egal 8id ,linic & ''( degrees )*epal + ,hina- &14 minority ,ontinuing 'egal Cducation <!=5#0=".# awarded in merit www.law.mc.edu/cle JULY 2012 MISSISSIPPI BAR EXAM scholarships to entering students (ississippi 'aw Bnstitute ;ress ./ of 01 (, grads passed )0"234- " ''( candidates )7outh 8frica= www.law.mc.edu/publications )fi rst time takers- (exico= 'iberia= >razil= ,hina= *igeria- )state pass rate of 0!2/4- PUBLIC INFORMATION PROGRAMS Consumer information for MC Law $udicial %ata ;roject CLASS OF 2011 (EMPLOYMENT at www.law.mc.edu/consumer www.law.mc.edu/judicial 9 MONTHS AFTER GRADUATION) Admissions www.law.mc.edu/admissions (ississippi 'egislative ?istory ;roject 0# )#&4- private law fi rms or 601.925.7152 www.law.mc.edu/legislature &1 )!#4- judicial clerks LAW CENTERS !3 )!&4- business FACULTY >ioethics and ?ealth 'aw !! ).4- government &" full time faculty 'itigation and %ispute @esolution " )/4- public interest www.law.mc.edu/faculty >usiness and 9ax 'aw " )/4- graduate degree !/ hold ;h2%2 or (asters degrees Aamily and ,hildren & )!4- education in addition to $% degrees ;ublic Bnterest 'aw !! ).4- seeking employment 0" adjunct faculty Bnternational and ,omparative 'aw ! )54- not seeking employment MEMBERSHIP LAW PROGRAMS Comparative employment data at www. 8ccredited and approved by $uris %octorate degree )$2%2- lawschooltransparency.com (Score Reports) the 8merican >ar 8ssociation Cxecutive $2%2 program )part time- (ember= 8ssociation of ENTERING CLASS (AUGUST 2012) 8cademic 7uccess program )summer start- 8merican 'aw 7chools !#/ $% candidates Aast 7tart ;rogram )summer start- ,harter (ember= Bnternational "54 (ississippi 6 154 out of state ,ivil 'aw ;rogram )'ouisiana- 8ssociation of 'aw 7chools #3 undergrad schools (aster of 'aws )''(- in 8merican 'egal (ember= 8merican 7ociety !"/ high '789 7tudies for Bnternational 'awyers of ,omparative 'aw !13 median '789 Aoreign 7tudy ;rogram )(erida= (exicoD 1255 high :;8 ,hina67eoul= EoreaD >erlin= :ermanyD /2&. median :;8 ;erpignan= Arance- As of January 18, 2013 | . | , | .. | ... PRESIDENT Lem G. Adams, Brandon PRESIDENT-ELECT Guy W. Mitchell, III 2nd VICE PRESIDENT Jennifer Hall, Jackson IMMEDIATE PAST PRESIDENT VOL. LVIV WINTER 2012-2013 NO. 2 Hugh Keating, Gulfport BOARD OF COMMISSIONERS Peter Abide, Biloxi Cheryn N Baker, Brandon Features James A Bobo, Brandon Rick O. Burson, Laurel Women in the Profession 10-16 Gene M. Coxwell, Jr., Brandon Frank J Dantone Jr., Greenville Thomas W Dawson, Oxford Law Practice Is Harder in Heels…Or Is It? La’Verne Edney, Jackson J A Gipson, Jackson By Diala Chaney 20-27 Jason D. Herring, Tupelo James E Holland, Horn Lake Intellectual Integrity in the Practice of Law: E. Nick Kramer, Quitman John A. Howell, Picayune One Solution to Incivility and Unprofessionalism Douglas E. Levanway, Jackson W B Lewis, Natchez By Jennifer Ingram Wilkinson and Michelle Easterling 28-33 Lawrence M Magdovitz II, Clarksdale James L Martin, Ridgeland Evelyn Gandy Lecture Series Highlights 36-37 Justin T McCaughn, Newton Carlos E Moore, Grenada H B Mullen, Pascagoula Planning Your Legacy Mary A Nichols, Gulfport Jack G Price, McComb By Richard Courtney 40-55 Tim L. Rutland, Hazlehurst Robert W Sneed, Jackson Brannon P. Southerland, Vicksburg John R. Tullos, Raleigh Charles E Winfield, Starkville Departments Patrick H Zachary, Hattiesburg YOUNG LAWYERS DIVISION President’s Message 7 President Rachel Pierce, Tupelo President-Elect MB & YLD Election Results 34 Julie Gresham, Biloxi ABA DELEGATES Young Lawyers Division News 39 W.C. (Cham) Trotter, III, Belzoni Charles J. Swayze, Jr., Oxford In Memoriam 57-58 EXECUTIVE DIRECTOR Larry Houchins, Jackson EDITOR CLE Calendar of Events 59 Amanda Green Alexander, Jackson MANAGING EDITOR Lawyers Helping Lawyers 61 Melanie Henry, Jackson ADVERTISING MANAGER Professional Announcements 62 Krissa Dobbins Easley, Jackson Classified Advertising 66 The Mississippi Lawyer is published quarterly by The Mississippi Bar, 643 North State Street, P.O. Box 2168, Jackson, Mississippi 39225. Telephone (601) 948-4471. Publication of advertising does not imply endorsement of products, services or statements made concerning them. All advertising copy is subject to approval. The Editor reserves the right to reject advertising. Manuscripts are welcome and preparation instructions may be obtained on request. The right is reserved to select This issue of the magazine features articles provided by the Women in materials to be published. Material accepted for publica- tion becomes property of The Mississippi Bar. the Profession Committee of The Mississippi Bar. Statement of opinions appearing herein are those of the authors and are not necessarily that of the Editor, Officers The feature articles on the “Women in the Profession” were written by or Board of Commissioners of The Mississippi Bar. Selena Chavis. The Mississippi Lawyer Winter 2012-2013 5 THE MISSISSIPPI FELLOWS OF THE AMERICAN COLLEGE OF TRIAL LAWYERS are proud to announce the induction as Fellows of the College Phil B. Abernathy, Butler, Snow, O’Mara, Stevens & Cannada, Ridgeland Walter C. Morrison, IV, Sessums, Dallas & Morrison, PLLC, Ridgeland Founded in 1950, the College is composed of the best of the trial bar from the United States and Canada. Invitation to Fellowship is extended only after careful investigation of those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, civility and collegiali- ty. The College strives to improve and elevate the standards of trial practice, the administra- tion of justice and the ethics of the trial profession. ___________________________________ Members of the Mississippi State Committee, ACTL Cynthia H. Speetjens, Chair Gerald H. Jacks David W. Mockbee, Vice Chair R. David Kaufman Paul Cassisa Robert C. Galloway Ralph E. Chapman William T. Liston W. Wayne Drinkwater, Jr. Christopher Shapley William C. Hammack John G. Wheeler Rodney Acker, Regent (Mississippi, Louisiana, Arkansas and Texas) The Golden Rule is for Lawyers The Golden Rule is for Lawyers: One of the enjoyable benefits of being President of the Bar is having the opportunity to meet and talk with lawyers around the state. Guy Mitchell, Larry Houchins and I just completed a visit with lawyers in Starkville, West Point, Aberdeen and Columbus. Our members are some of the best citizens in our com- munities and every time I am introduced to lawyers that I haven’t met before I feel a renewed sense of pride in our profession. I always learn from my fellow lawyers when we exchange war stories. Recently I had an opportunity to visit with a lawyer I have known for a long time but whom I rarely see because of the distance between us. During our conversation he men- tioned the changes that have occurred since he and I started law practice. He comment- ed that law practice had become a “grind” and that he was making less money today than he did fifteen years ago but working just as hard or harder. We both agreed that we had practiced law in the golden age of lawyers where a small firm lawyer could make a good living representing working folks, small businesses and perhaps the local bank, munic- ipality or school district and occasionally get hired on a plaintiff’s case where a good contingency fee could be earned. These plaintiff cases helped pay off a car loan, pay children’s tuition or even pay off the home mortgage. We both regret that it seems those days are gone and that today only skillful lawyer advertisers get hired on those good Plaintiff’s cases. He told me a war story that is encouraging to me. It seems that a lady came to his office with a situation where her husband had been killed in an automobile accident. She had responded to a number of lawyer advertisements and had interviewed several attor- neys that handle just plaintiff’s cases. He asked her why she came to him a generalist and her reply is the basis for my feeling encouraged. She told him that a number of years ago he had represented her first husband in their divorce and that because my friend had treated her with courtesy and fairness even though they were on opposite sides, she promised herself that if she ever needed another lawyer she was going to at least talk to him. It turns our that she hired my friend to represent her in the wrongful death case and when the case was settled the attorney fee was a high six figure amount. In telling this story my friend expressed that it just confirmed to him that living by the golden rule was the right way to live and practice law. Doing to others as you would have them do unto you resulted in “gold” for my friend. While we can’t ever anticipate how our encounters with other lawyers and litigants will impact our future, we can for sure know that build- ing relationships and treating others like we expect to be treated is certainly the best pol- ic y. Lem Adams Law practice today presents a number of challenges and the future promises even more.
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