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Gerald M. Edenffeld 45Th State Bar President Gerald M. Edenfield 45th State Bar President 08-07GBJ_Cover.indd 1 7/25/2007 8:49:59 AM At Georgia Lawyers Insurance Company, we do more than just take orders and write policies. We offer sterling service. That means that you’ll talk to a real person every time you call and can have access to a decision maker anytime you need. It’s this kind of service that has allowed us to maintain a retention rate GaLawIC.com of more than 99%. And why we’re still going Experience real service, strong while so many other companies have and become a satisfied checked out. At Georgia Lawyers Insurance Georgia Lawyers customer. Company, we work exclusively with lawyers Call 866-372-3435 today for a free no obligation quote. and law firms, but we specialize in service. 08-07GBJ_Cover.indd 2 7/25/2007 8:50:06 AM 08-07gbj.qxp 7/25/2007 12:12 PM Page 1 .OW!DMINISTERINGTHEFOLLOWING $ISABILITY)NSURANCE0RODUCTS TO'EORGIA!TTORNEYS ,ONG4ERM$ISABILITY 3IMPLIlED)SSUE!CCIDENTAND3ICKNESS$ISABILITY 3IMPLIlED)SSUE!CCIDENTAND3ICKNESS$ISABILITY 'UARANTEED!CCEPTANCE!CCIDENT/NLY$ISABILITY !$)3'!44 08-07gbj.qxp 7/25/2007 12:12 PM Page 2 The Annual CLE Program and Luncheon presented by The Agricultural Law Section of the State Bar of Georgia, The Walter F. George School of Law of Mercer University and ICLE Chaired by Nowell Berreth of Alston & Bird LLP, this seminar will focus on Georgia’s largest industry, agriculture. With the new corn-based ethanol plant in Camilla and the efforts to produce cellulosic ethanol from Georgia’s abundant pine trees, agriculture promises to be an even larger part of our state’s economy. Come be on the cutting edge and learn about these exciting developments from some of the country’s leading experts in agricultural law. Allen Olson, Moore Clarke Duvall & Rodgers Jill Stuckey, Director of Alternative Fuels for the Georgia Environmental Facilities Authority Bill Boone, Georgia Agriculture Innovation Center Theodora Retsina, President of Georgia-based company American Process Inc., focused on cellulosic ethanol processes Tony Flagg, General Manager of the new corn-based ethanol plant in Camilla, Georgia Terry Centner, Professor at the University of Georgia Bob Reynolds, Alston & Bird Walter Kelley, Chapter 12 U.S. Bankruptcy Trustee for the Middle District of Georgia Susan Schneider, Professor of Agricultural Law at the University of Arkansas SPEAKERS Mike Brown, Alston & Bird Jason Willcox, Moore Clarke Duvall & Rodgers With a luncheon address by Joe D. Whitley, Alston & Bird, former U.S. Attorney for the Northern and Middle Districts of Georgia and the first General Counsel of the U.S. Department of Homeland Security TOPICS: Ethanol and other biofuels, immigration issues facing Georgia agribusinesses, the 2008 Farm Bill, biosecurity issues, food law and food safety, nuisance law and farm bankruptcies. Those attending will receive 6 CLE hours Friday, September 21, 2007 (8:30 a.m.) Mercer University School of Law, Macon, Georgia Luncheon held at the Woodruff House on the Mercer campus To register, contact ICLE at 1.800.422.0893 or online at www.iclega.org Questions? Contact Nowell Berreth at 404.881.4481 08-07gbj.qxp 7/25/2007 12:12 PM Page 3 14 August 2007 Volume 13 Number 1 GBJ Legals 60 14 Past President Receives 2007 Are We Witnessing Distinguished Service Award the Erosion of Georgia’s by Johanna B. Merrill Separate Property Distinction? 62 by Rachel A. Elovitz Bob Brinson Wins 22 James M. Collier Award The Next Generation by Len Horton of Child Advocacy 64 by Hon. Steven C. Teske LFG Enjoys Another Year and Melissa Dorris Carter at the Annual Meeting by Lauren Larmer Barrett GBJ Features 66 30 22 Young Lawyers Division A Brief Overview Celebrates 60 Years of the Proposed New Georgia by Deidra Sanderson 50 Rules of Evidence by Paul S. Milich introduction by Robert D. Ingram Departments Gerry and Kristie. 6 From the President 36 10 From the Executive Director Negotiating With (Back Row) a Road Map 12 From the YLD President by Douglas J. Witten 70 Bench & Bar 42 76 Office of the General Business, Pleasure Mix Counsel 78 Lawyer Discipline Sharon, Gerald and Sharri. at 2007 Annual Meeting by Jennifer R. Mason 80 Law Practice Management 82 Casemaker (Front Row) (Front 50 66 Cook Says: There is Hope 84 Writing Matters by Jay Cook 86 South Georgia Office 52 88 Section News Edenfield Plans 90 Professionalism Page for New Bar Year 92 In Memoriam by Gerald M. Edenfield 94 CLE Calendar 56 98 Notices Gerald M. Edenfield: 119 Classified Resources 76 A Reputation Built 120 Advertisers Index Pictured on the cover is the 2007-08 State Bar President Gerald M. Edenfield along with his wife and three children at their Pictured on the cover is 2007-08 State Bar President Plantation, located in Stilson, Ga. farm, Meldrim Woods cover photo by www.lorigrice.com on Service by Joel Alvarado 08-07gbj.qxp 7/25/2007 12:12 PM Page 4 State Bar of Georgia We’re here for you! Law Practice Management Program The Law Practice Management Program is a mem- ber service to help all Georgia lawyers and their employees put together the pieces of the office man- agement puzzle. Whether you need advice on new computers or copiers, personnel issues, compensa- tion, workflow, file organization, tickler systems, library materials or software, we have the resources and training to assist you. Feel free to browse our online forms and article collections, check out a book or videotape from our library, or learn more about our on-site management consultations and training sessions, 404-527-8772. Consumer Assistance Program The Consumer Assistance Program has a dual pur- pose: assistance to the public and attorneys. CAP responds to inquiries from the public regarding State Bar members and assists the public through informal methods to resolve inquiries which may involve minor violations of disciplinary standards by attorneys. Assistance to attorneys is of equal is importance: CAP assists attorneys as much as possi- ble with referrals, educational materials, sugges- help onlya tions, solutions, advice and preventive information to help the attorney with consumer matters. The program pledges its best efforts to assist attorneys in making the practice of law more efficient, ethical and professional in nature, 404-527-8759. Lawyer Assistance Program call, This free program provides confidential assistance to Bar members whose personal problems may be interfering with their ability to practice law. Such or problems include stress, chemical dependency, fam- click ily problems and mental or emotional impairment, 800-327-9631. Fee Arbitration The Fee Arbitration program is a service to the gen- e-mail eral public and lawyers of Georgia. It provides a convenient mechanism for the resolution of fee dis- putes between attorneys and clients. The actual arbitration is a hearing conducted by two experi- away. enced attorneys and one non-lawyer citizen. Like judges, they hear the arguments on both sides and decide the outcome of the dispute. Arbitration is impartial and usually less expensive than going to court, 404-527-8750. 404-5527-88700 800-3334-66865 www.gabar.org 08-07gbj.qxp 7/25/2007 12:12 PM Page 5 Editorial Board Quick Dial Donald P. Boyle Jr. Attorney Discipline 800-334-6865 Editor-in-Chief ext. 720 404-527-8720 Robert Henry Beer Felipe Manuel Nunez Consumer Assistance Program 404-527-8759 Erika Clarke Birg Olivia Orza Conference Room Reservations 404-527-8712 Clayton Owen Carmack Jason Pedigo Fee Arbitration 404-527-8750 Linda Gail Carpenter Susan Lee Rutherford CLE Transcripts 404-527-8710 Diversity Program 404-527-8754 Charles Madden Cork III Paul Gregory Sherman ETHICS Hotline 800-682-9806 Bridgette Eckerson Robert R. Stubbs 404-527-8741 John Michael Gross Martin Enrique Valbuena Georgia Bar Foundation/IOLTA 404-588-2240 Georgia Bar Journal 404-527-8736 Ann A. Hammenecker Kristin H. West Lawyer Assistance Program 800-327-9631 Jennifer Carpenter Kane Pamela Y. White-Colbert Lawyers Foundation of Georgia 404-659-6867 Ronald Arthur Lowry Gerry Lee Williams Law Practice Management 404-527-8773 Membership Records 404-527-8777 Diane Marger Moore Meetings Information 404-527-8790 Executive Committee Liaison Pro Bono Project 404-527-8763 Professionalism 404-225-5040 Jonathan A. Pope Sections 404-527-8774 Advisor Unauthorized Practice of Law 404-526-8603 Young Lawyers Division 404-527-8778 Marcus D. Liner Manuscript Submissions Editors Emeritus The Georgia Bar Journal welcomes the submission of Marcus D. Liner, 04-07 Charles R. Adams III, 89-91 unsolicited legal manuscripts on topics of interest to the Rebecca Ann Hoelting, 02-04 L. Dale Owens, 87-89 State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should be 10 to 12 pages, Marisa Anne Pagnattaro, 01-02 Donna G. Barwick, 86-87 double-spaced (including endnotes) and on letter-size paper. Citations should conform to A UNIFORM SYSTEM D. Scott Murray, 00-01 James C. Gaulden Jr., 85-86 OF CITATION (18th ed. 2005). Please address unsolicited William Wall Sapp, 99-00 Jerry B. Blackstock, 84-85 articles to: Donald P. Boyle Jr., State Bar of Georgia, Communications Department, 104 Marietta St. NW, Suite Theodore H. Davis Jr., 97-99 Steven M. Collins, 82-84 100, Atlanta, GA 30303. Authors will be notified of the L. Brett Lockwood, 95-97 Walter M. Grant, 79-82 Editorial Board’s decision regarding publication. Stephanie B. Manis, 93-95 Stephen E. Raville, 77-79 The Georgia Bar Journal welcomes the submission of news about local and circuit bar association happenings, Bar William L. Bost Jr., 91-93 members, law firms and topics of interest to attorneys in Georgia.
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