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The Issue of Double Taxation in Georgia

The Issue of Double Taxation in Georgia HOW TO GET WHAT IS THE YLD? All members of the Bar who have not yet reached their 36th birthday or who have been admitted to their first bar less than five years are automatically INVOLVED members. Today, the YLD is one of the most dynamic arms of the Bar, offering in the YOUNG LAWYERS outreach to both the profession and to the public through various legal programs and projects.

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For more information about Fastcase and smarter legal research, visit us at fastcase.com. Quick Dial Editorial Board Attorney Discipline 800-334-6865 Editor-in-Chief ext. 720 404-527-8720 Timothy Jerome Colletti Consumer Assistance Program 404-527-8759 Members Conference Room Reservations 404-419-0155 Julia Anderson Lynn Gavin Fee Arbitration 404-527-8750 Donald P. Boyle Jr. Chad Henderson CLE Transcripts 404-527-8710 Diversity Program 404-527-8754 Jacqueline F. Bunn Michelle J. Hirsch ETHICS Helpline 800-682-9806 John Clay Bush Eric Hooper 404-527-8741 David Gan-wing Cheng Kristin M.S. Poland Georgia Bar Foundation/IOLTA 404-588-2240 Georgia Bar Journal 404-527-8791 James William Cobb Addison Johnson Schreck Governmental Affairs 404-526-8608 Jacob Edward Daly Mark W. Wortham Lawyer Assistance Program 800-327-9631 Bridgette E. Eckerson Pamela Y. 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Submissions should be 10 to 12 pages, double-spaced (includ- William Wall Sapp, 99-00 Steven M. Collins, 82-84 ing endnotes) and on letter-size paper. Citations should con- Theodore H. Davis Jr., 97-99 Walter M. Grant, 79-82 form to A UNIFORM SYSTEM OF CITATION (19th ed. 2010). Please address unsolicited articles to: Tim Colletti, State Bar of L. Brett Lockwood, 95-97 Stephen E. Raville, 77-79 Georgia, Communications Department, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. Authors will be notified of the Editorial Board’s decision regarding publication. Officers of the State Bar of Georgia The Georgia Bar Journal welcomes the submission of news Robert J. “Bob” Kauffman President about local and circuit bar association happenings, Bar Patrick T. O’Connor President-Elect/Treasurer members, law firms and topics of interest to attorneys in Georgia. Please send news releases and other informa- Patrise M. Perkins-Hooker Immediate Past President tion to: Sarah I. Coole, Director of Communications, 104 Brian D.“Buck” Rogers Secretary Marietta St. NW, Suite 100, Atlanta, GA 30303; phone: 404-527-8791; [email protected]. John R. B. Long YLD President Disabilities Jennifer Campbell Mock YLD President-Elect If you have a disability which requires printed Sharri Edenfield YLD Immediate Past President materials in alternate formats, please contact the ADA coordinator at 404-527-8700 or 800-334-6865. Communications Committee Headquarters Peter C. Canfield Co-Chair 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 Sonjui L. Kumar Co-Chair 800-334-6865, 404-527-8700, FAX 404-527-8717 Visit us on the Web at www.gabar.org. Communications Staff Coastal Georgia Office 18 E. Bay St., Savannah, GA 31401-1225 Sarah I. Coole Director 877-239-9910, 912-239-9910, FAX 912-239-9970 Jennifer R. Mason Assistant Director South Georgia Office Stephanie J. Wilson Communications Coordinator 244 E. Second St. (31794) P.O. Box 1390 Tifton, GA 31793-1390 Lauren M. 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GBJ Legal Departments 12 4 From the President The Issue of Double 8 From the YLD President Taxation in Georgia 42 Bench & Bar by James V. Burgess Jr. 26 and Michael B. Brown 50 Office of the General Counsel GBJ Features 52 Lawyer Discipline 20 54 Law Practice Management 2016 Legislative Review 56 Pro Bono by W. Thomas Worthy 62 Member Benefits 22 64 Writing Matters Fulfilling Promises: Celebrating 66 Professionalism Page 32 the First Decade of Georgia’s 68 In Memoriam Public Defender System CLE Calendar by Sara J. Totonchi 70 72 Notices 26 92 Classified Resources Pro Bono E-volution Advertisers Index by Michael Monahan 92 28 54 Georgia Probate Judges Receive Certification from CVIOG by Catherine N. Fitch 30 Transition Into Law Practice Program (TILPP) Celebrates 10 Years 64 by Michelle West GBJ Fiction 32 The Lost Confederate Gold by Mark Roy Henowitz From the President

by Robert J. “Bob” Kauffman Photo by Zach Porter Photography Catching Up With Changing Times

echnological advancements have changed As Rubin points out, “The tools lawyers use to conduct research, review documents, assemble documents, the world in ways we could not have imag- communicate with clients, and invoice and accept payment are inefficient. Inefficiencies are costly, and con- ined before entering the 21st century. The sumers are more and more vocal about wanting to keep T legal costs down. . . . I have no impact that these dramatic idea which of the current crop of startups will be successful, but changes have had on the prac- “We all realize that the status quo will not stand and companies that take advantage tice of law should have come as technology is already of that opportunity will thrive.” The biggest point, accord- no surprise, either. affecting the delivery of ing to Rubin is that “the boom hasn’t even started yet.” These The level of venture capi- legal services in our state. are still the early days of the tal funding in legal technol- technology tsunami that’s about ogy companies rose 1,500 per- It is good to know that to hit the legal profession, if it cent—from $66 million to $1 hasn’t already. billion—in just two years from 2012 to 2014. The tech compa- Georgia is catching up with Legal Analytics nies that reaped the low-hang- A recent survey conducted ing fruit in the beginning of the the changing times.” by Huron Legal of more than technology boom through the 125 legal technology profession- development of online forms als revealed that 68 percent of and company formations are now expanding their respondents expect their organizations’ investments in scope and reach. legal data analytics to increase over the next two years. “My, oh my, how the world has changed,” wrote Huron Legal managing directors Laurie A. Fischer and Basha Rubin in the August 2014 edition of Forbes maga- Nathalie Hofman, writing for the Law360 blog, reports zine. “. . . (L)aw has been slow to adapt to technological that 90 percent of the organizations surveyed are change, but don’t confuse its tardiness with intractabili- already using data analytics in the legal context. ty. As consumers expect technology to make everything E-discovery and litigation management issues, includ- easier, law will not be immune.” ing case strategy and staff, are among the most popular

4 Georgia Bar Journal uses of data analytics in the legal “Electronic billing has been of legal advice for only $39—in realm. “Most of the recent discus- around for years and law depart- a variety of law practice areas, sion in the media has been about the ments and law firms now have including business, family, immi- use of analytics such as predictive extensive data available to them, gration, bankruptcy and debt, coding . . . when culling documents from their organizations’ bill- criminal defense, landlord and for production during the discov- ing information and from exter- tenant, employment and labor, ery process,” Fischer and Hofman nal sources,” write Fischer and real estate and estate planning. write. “There is a range of avail- Hofman. “They can look at their Also, technology is increasing pro able analytical tools beyond predic- own historic rates as well as exter- se representation due to the Home tive coding, however, and their use nal metrics when negotiating fees Depot/YouTube “do-it-yourself” can aid in litigation in many other rates, can look at historic informa- phenomenon via LegalZoom, ways, such as by potential plaintiffs tion when developing budgets, and Willmaker and other online ser- to evaluate the strength of a case can review historic task and staffing vices that show individuals how and when or whether to file, by data for project management and to get around hiring a lawyer defendants in early case assessment matter staffing determinations.” for estate planning, living trusts, in order to develop a case strategy, Cost management and savings was trademark applications, bankrupt- to test search terms or identify the most commonly cited by survey cy, forming an LLC or corporation, best analytical tools to use for dis- respondents as a benefit to apply- getting a divorce and, in some covery purposes, to analyze docu- ing legal analytics, along with states, real estate transactions, ments received from another party, improved decision making, pre- among other services. and more.” dicting outcomes, and risk reduc- As a profession, we must be vigi- The survey also found 29 percent tion and management. Conversely, lant against the unlicensed prac- of survey respondents using ana- the most commonly cited challenge tice of law. In 2010, there were 62 lytics for information governance. to effectively implementing legal million smartphones in the United According to Fischer and Hofman, analytics was securing buy-in from States. By 2018, an estimated 220 “As organizations need to address senior leadership. million Americans will use smart- ever-increasing amounts of data, According to Fisher and Hofman, phones. Already, more than 80 per- they are eagerly searching for tools “. . . this reluctance will diminish cent of people below poverty level to help manage and control that very quickly, as leaders see others have a cell phone. How would the data. The use of analytics has con- obtaining results. In corporations, consumer know if the person on the siderable promise for automatic law department leaders may receive other end of the smartphone app is classification of data, which may pressure from elsewhere within licensed to practice law in Georgia, be useful for data clean-up, clas- their organizations where the use or is even a lawyer at all? sification of existing information, of analytics is already an accepted That we will be able to reach and classification of information practice. Similarly, law firms are more people with technology is when it is created. If information likely to receive direct or indirect good news, but it is essential that can be automatically classified pressure from their clients who use we develop new platforms for the according to established rules, the data analytics to manage fees and delivery of legal services. Books, level of manual, human interven- other aspects of their representation.” banking, shopping, travel and tion needed to determine the dis- In conclusion, Hofman makes the delivery services all operate dif- position of that information will be point that “analytics, like many ferently. Einstein said, “The mea- greatly reduced. Of course, orga- other forms of technology, are a sure of intelligence is the ability nizations with strong information tool in a lawyer’s toolbox that can to change.” And as Darwin would governance frameworks in place streamline tasks and provide infor- surmise: It’s not the smartest spe- and an understanding of the range mation for more informed decisions, cies or the strongest that survive, of their organizations’ information allowing lawyers to focus on the but rather the ones most adapt- will be best able to use analytics nuances of substantive practice.” able to change. Still, we as a Bar on a sustainable, long-term basis.” and individually as attorneys must According to the survey responses, Good Apps, Bad Apps remind people that lawyers have other burgeoning areas of data ana- The technological advance- values, moral code and judgment lytics use include: ments taking our world by storm that machines don’t have. do present the legal profession What is not in question is that n Law department management, with both challenges and opportu- technological advancements have i.e., matter budgeting, legal nities. For example, on avvo.com, the potential for great improve- project management you can, after a few clicks of the ment in our infrastructure to n Outside counsel/law firm man- mouse, find yourself on the phone improve the delivery of legal ser- agement with a “highly reviewed” law- vices as well as make things easier n Rate/fee negotiation yer in your area, for 15 minutes for lawyers.

June 2016 5 Are you using any of these must- choosing to contract with Tyler ing portal. We are closer to having have apps for lawyers, as identified Technologies instead. According to something to present to the Bar in by the ABA Journal?: Justice Melton, as more counties a matter of months, rather than an have signed on with one vendor or uncertain number of years, which n GoodReader for syncing your another, the Judicial Council and was how we had been operating documents for use on your iPad Clerks Council have begun to “do a until recently.” n Reminders for your to-do lists better job now of finding common Justice Melton added there will n Documents to Go for review- ground. With the blessing of the be a learning curve before the sys- ing Word files on our iPhone or clerks, we are now meeting with tem is running at maximum effi- iPad both vendors fairly regularly, and ciency. “Judges will have to decide n LogMeIn, to access your PC that’s been very helpful.” whether they want to hit ‘print’ when you’re away from the E-filing has brought greater effi- with everything that comes in, or if office ciency to the judicial system at all they will adjust to reading online, n Fastcase for free legal research levels, Justice Melton said. “We signing documents online, etc. with a tablet or smartphone have been able to speed up the Long-term, the usage rate has to n Dropbox, to carry files or access filing of an appeal from a months- get up there high enough for the information across a variety of long process to 10 minutes,” he economies of scale to work. We devices noted. “This has been an astro- ultimately need a mandatory sys- n ExPDF reader, which adds anno- nomical step forward. Other than tem, but we need a proven system, tation functionality and several the time factor for filings, which is one that works, before we can get other dynamic capabilities a big deal, what I try to emphasize to that point.” n SignMyPad, for electronic docu- with lawyers is the ability for law- We all realize that technology ment signing yers to enter record cites in their is already affecting the delivery of n WestLawNext, for simple legal appellate briefs without having to legal services in our state. It is good research when you are in court leave their office.” to know that Georgia is catching up or otherwise out of the office “While historically, they have with the changing times. n Depose, which gives attorneys had to drive to Atlanta and meet the ability to prepare for and with the clerk in person to get the Robert J. “Bob” Kauffman is take depositions using their record, now they can go online, president of the State Bar of Android device from their office and do it any time Georgia and can be reached at day or night. This has been work- [email protected]. E-Filing in Georgia ing well for about a year. Fulton For several years, the State Bar County has recently come on has been one of several groups board, and they are a major prize.” working on the effective imple- For attorneys, the goal should Earn up to 6 mentation of electronic filing be the most efficient system: a CLE credits in Georgia’s courts—includ- single portal for universal filing. ing the Judicial Council Standing Hopefully, this will allow attor- Committee on Technology, under neys to have one account that will for authoring legal the leadership of Supreme Court then communicate directly with all Justice Harold Melton, the General counties, regardless of the vendor articles and having Assembly and the Council of used by each county. While it has them published. Superior Court Clerks. been a long time coming, the pro- Approximately 180 court juris- cess is now moving forward. Submit articles to: Timothy Colletti dictions in Georgia are now utiliz- “We are trying to identify the Georgia Bar Journal ing e-filing. There are two major steps and all the bells and whistles 104 Marietta St. NW vendors: PeachCourt, which is that would be included in a por- Suite 100 presently operating providing tal that allows an attorney to log Atlanta, GA 30303 e-filing services for 118 court sys- in one time, choose a court and tems in 93 counties scattered across interact with that court directly,” the state, and Tyler Technologies, Justice Melton said. “The portal which is the vendor for more than wouldn’t do anything but hand the 60 courts, including the Fulton request to the vendor that handles County Superior Court and a num- that court—not much beyond that. ber of other metro-Atlanta counties. Where we are now is trying to Contact [email protected] PeachCourt is the vendor of prefer- determine the quickest way, requir- Learn more at ence for the Council of Superior ing the least amount of funding, www. gabar.org Court Clerks, with several courts that meets the need for a single fil-

6 Georgia Bar Journal DON’T ROLL THE DICE ...

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by John R. B. “Jack” Long

Give Lawyers a Break!

et’s face it: lawyers are busy people. Most physical health, mental health, our relationships and, ironically, our work performance. Simply put, lawyers of us knew that before we ever applied need a break. By that, do I mean a week-long vaca- tion or some time each day, away from the office, to to law school. Whether we are trying to recharge our productive batteries? Actually, both, and L you don’t have to take my word for it. The experts meet billable-hour requirements at a big law firm or on the subject agree: having a life outside the law is necessary for a lawyer’s body simply pay the bills in a solo and mind and, as a bonus, is usually good for business. practice, success in our pro- “Living well means you are Desiree Moore, president of Greenhorn Legal LLC, an fession means maintaining a taking care of business in both intensive training program for law students and new law- uniquely demanding sched- yers as they transition from your professional and personal academics into private prac- ule that too often causes our tice, writes that in the face of lives. The first step might lawyers’ myriad of daily pres- coveted work/life balance to sures and demands, it is easy be realizing it’s OK to give to compromise fundamental be decidedly unbalanced. aspects of life outside of work, yourself a break.” including health and wellness. Even as I write this article “This is especially true early in for the Georgia Bar Journal, a legal career, where the focus I can’t help but think about is on developing a good repu- the 30 or so things I need to accomplish today to tation and a respectable practice. While hard work and stay on track, knowing that realistically only half of dedication are admirable—and indeed required of legal them will actually get done; taking a break is the last professionals—maintaining good health is essential, too. thing on my mind. Without it, being a top practitioner, or even meeting Lawyers are human, despite any occasional fan- minimum expectations in your practice, will be difficult, tasies to the contrary, and just like everyone else, an if not impossible.” So how can lawyers get it all done all-work-and-no-play lifestyle takes its toll on our and have a life outside the law, too?

8 Georgia Bar Journal Making a positive change n Have a critical voice reminding work can actually lead to greater in our work/life balance might them they should be working productivity and greater satisfac- first require a change in attitude. even when their brain won’t let tion with the daily grind. . . . (B)ut Lawyer and professional busi- them. you’ll have to take the initiative to ness coach Irene Leonard writes leave the office behind for a little that over the years she has noticed “My experience is that lawyers while to seek out activities that that lawyers: seem to focus their planned leisure replenish your energy and restore time on taking vacations rather your soul.” n Think of fun and recreation as than taking time off during the Writing for the ABA’s Law a big block of time outside of week,” Leonard writes. “That cre- Practice magazine, Calloway con- work. ates the potential for an unbal- tends that “when you force your- n Believe that the one-week vaca- anced lifestyle. For my clients who self to work, or worry about work, tion—a complete break for a agree with that thinking, the shift during all your waking hours, the number of days is the best way has been in making a decision to result will almost always be inef- to have fun. choose leisure as an ongoing pri- ficiency, stress, depression and, n Don’t really know how to enjoy ority. One of my clients is con- eventually, burnout . . . . (I)t’s their leisure time. sciously scheduling one day off important to find an outlet or two n Worry about taking time off per month. Because there are so during the workweek. Even the because it will be hard to get many demands on lawyers for most dedicated lawyers should be back into the high-pressure their time—by their clients, their able to find something removed groove of their practice. staff, other attorneys, and respon- from daily practice that interests n Generally do not give them- sibilities outside the firm—it comes them. Adopting a hobby or, better selves high satisfaction levels down to how a lawyer chooses to yet, a sport—if only something as on fun and recreation. spend their time.” low impact as walking—helps to n Fill their time with pursuits According to Laura A. Calloway, clear your mind and change your which include work, market- director of the Alabama State Bar’s focus, and it can bring you into ing, volunteering—or anything Practice Management Assistance contact with people, places and that keeps them busy. Program, “taking time away from ideas that are unrelated to your

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NEED HELP? EMAIL [email protected]

June 2016 9 daily routines. Outside activities, n Build downtime into your n Get moving. It’s hard to make pursued with passion, provide a schedule. When you plan your time for exercise when you release from workplace pressure week, make it a point to sched- have a jam-packed schedule, and enable fresh perspectives that ule time with your family and but it may ultimately help you can recharge your mind.” friends, and activities that help get more done by boosting As a solo practitioner, I have the you recharge. If a date night your energy level and ability flexibility to take time off when I with your spouse or a softball to concentrate. need it; the hard part is making game with friends is on your n Remember that a little relax- the decision to take it. Unless you calendar, you’ll have some- ation goes a long way. Don’t are also your own boss, it is likely thing to look forward to and an assume that you need to make that you would need the coop- extra incentive to manage your big changes to bring more bal- eration of your employer to make time well so you don’t have ance to your life. Even during some of these choices. Research to cancel. a hectic day, you can take 10 or into lawyers’ needs for leisure time n Drop activities that sap your 15 minutes to do something that suggests most employers should time or energy. Take stock of will recharge your batteries. be willing and eager to do so. Dan any activities that don’t enhance DeFoe, owner and lead consultant your career or personal life, and One of State Bar President Bob of Adlitem Solutions, cites a study minimize the time you spend Kauffman’s major initiatives for that investigated leisure as a cop- on them. You may even be able the past year was to establish a ing resource in response to job to leave work earlier if you Lawyer Wellness Program for Bar demands for reducing depression. make a conscious effort to limit members. To get the program off “Stressed out, anxious, unrest- the time you spend on the web the ground, he appointed a task ed, and unhappy lawyers will not and social media sites, making force, chaired by Ken Hodges. The provide their greatest service for personal calls or checking your task force is scheduled to unveil a clients nor will they drive success bank balance. new “Lawyers Living Well” web- for their teams or organizations,” n Rethink your errands. site during this month’s Annual DeFoe writes, noting “the growing Consider whether you can out- Meeting at Amelia Island and con- body of evidence from social and source any of your time-continue its work in the coming year to psychological and organizational suming household chores or fully develop the program. sciences that the ‘24/7’ mentality of errands. Could you order your Living well means you are tak- lawyers and their leaders occupies groceries online and have them ing care of business in both your the ‘unsustainable’ pile of direc- delivered? Hire a kid down the professional and personal lives. tives and presents what some may street to mow your lawn? Have The first step might be realizing it’s call a clear and present danger. A your dry cleaning picked up OK to give yourself a break. key take-away for lawyers offered and dropped off at your home in the details is: ‘Take a time-out or office? Order your stamps John R. B. “Jack” Long is the from work, make it healthy and online so you don’t have to president of the Young Lawyers make it count!’” go to the post office? Even Division of the State Bar of How does one get started with if you’re on a tight budget, Georgia and can be reached at establishing a better work/life you may discover that the [email protected]. balance? Jen Uscher, writing for time you’ll save will make it WebMD, offers these five tips: worth it.

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

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A Look at the Law

The Issue of Double Taxation in Georgia

by James V. Burgess Jr. and Michael B. Brown

n most states, there is a legal distinction porated suburban areas following World War II. As a result, Georgia’s most populous counties faced between the service delivery role of munici- pressure from new citizens desiring the same type of urban or municipal services that they had previ- pal and county governments. Cities exist by ously enjoyed as city residents. However, county I governments were confronted by a legal dilemma. charter as creatures of the state legislature for the They possessed no authority under the Georgia Constitution or general laws to provide police, purpose of providing certain urban type services, fire, refuse collection or other types of municipal services requested by the new residents in unincor- such as police and fire protection, water and sewer porated areas. As a result, many of Georgia’s urban counties sought special constitutional amendments utilities, street maintenance, etc. By contrast, coun- to grant permissive authority for provision of municipal type services. Cities were also powerless ties serve as an administrative arm of the state and to serve new unincorporated suburban residents because of the absence of legal authority to provide provide certain state mandated functions such as municipal services outside their corporate boundaries and, moreover, their powers of annexation were county courts, health and welfare services, bridge severely limited. The growing urbanization of unincorporated and road maintenance, and agricultural services areas in Georgia’s counties continued throughout the 1960s and 1970s. The problems associated with this and programs. This traditional service delivery dis- urban growth were brought to the attention of the State Planning and Community Affairs Committee tinction between cities and counties continued in during the 1971-72 session of the Georgia General Assembly. The Committee was authorized to func- Georgia until 1972. tion as an interim study committee, and to facilitate its work, the Committee established five subcommit- This city-county service distinction began to tees, two of which dealt with community develop- erode as urban populations left cities for unincor- ment and urban growth.1

June 2016 13 The Community Development local governments with the authorization amendment provides the Subcommittee found, ity by which they may structure framework within which the their service functions and delivery state government may begin In terms of the quality of our envi- systems in such a way as local situa- to expect local governments to ronment, we are suffering from tions and experience may dictate.”6 improve their service functions the effects of unplanned, unco- It included permissive authority to . . . . [I]t is not an attempt to force ordinated, haphazard growth allow the use of special districts for local governments to accept a and development. The results are both inter-county and intra-county loss of authority which would urban sprawl, congestion, pollu- purposes, given the type of service preclude their responsibility to tion and accelerating social ills and degree of urbanization. It was the local citizens.10 which have hastened the white entirely permissive in authority flight to the suburbs, leaving the and did not require any action by The Urban Growth Sub- decaying central cities to the poor, local governments. committee reasoned that expansion the black, and the elderly.2 Amendment 19, herein referred of urban services to county unincor- to as “the equalization amend- porated areas occurred only if alter- The Subcommittee further pre- ment,” was approved by the 1972 native service delivery approaches dicted: “The problems associated General Assembly and adopted were implemented, such as annex- with population growth, migration, by Georgia’s voters the follow- ation, city-county consolidation, or and physical development of the ing November.7 The equalization functional consolidation, “the last 1960’s will multiply and intensi- amendment enumerated 15 spe- approach being one of the effects fy during the present decade. The cific urban services that both coun- of the local government equaliza- State has an opportunity to for- ties and cities were authorized tion amendment.”11 It concluded, mulate comprehensive innovative to perform at their discretion.8 It “It will be necessary for the local approaches to these problems.”3 granted to counties the power to governments to review the most provide the same urban services feasible, politically, and advanta- Equalization of Authority that previously only municipali- geous route” to achieve the desired The Urban Growth Sub- ties could provide pursuant to service expansion.12 committee found that although their charter authority. With the expansion of urban structural remedies such as the services, county governing bod- consolidation of Columbus and Service Delivery Role ies determined that levying coun- Muscogee County or annexation Distinction Eliminated ty-wide property taxes was (and of unincorporated areas in Macon continues to be) the most politi- and Albany had been success- With the passage of the equaliza- cally feasible way for counties to fully achieved, the use of these tion amendment, the historical dis- fund unincorporated area services. approaches might not be politically tinction between the service deliv- While the equalization amendment feasible in other urban areas.4 The ery role of cities and counties in prohibited counties from provid- Subcommittee stated, Georgia was eliminated. This was ing services within cities without one of the most significant devel- a county-city contract, the amend- Other alternatives, at least for opments in the history of Georgia ment did not prohibit county taxa- service delivery, should be made local government law. It literally tion of properties within cities for available for urban areas, partic- changed the service delivery rela- unincorporated area urban ser- ularly one which precludes the tionships between cities and coun- vices. Even though city residents need for local governments to ties in the state. As a constitutional and businesses were already pay- return to the General Assembly grant of legal authority to local gov- ing for urban services in their city for permissive authority. This is ernments for the provision of the tax bills, city taxpayers began to also a recognition of the profu- enumerated services, any changes also pay in their county tax bills sion of local legislation which to or revisions of such authority for the same type of services pro- has already indicated the need can only be made by the voters vided primarily for the benefit of for an equalization of authority of Georgia.9 The Subcommittee’s unincorporated area residents and among local governments.5 intent with the amendment is best businesses. Instead of promoting explained by the following: cooperation between cities and The Urban Growth Sub- counties through functional con- committee proposed an amend- An important effect of the solidation, the amendment fos- ment to the Georgia Constitution amendment is to put the state tered even further competition in that would equalize service deliv- in a position to encourage local city-county service delivery. While ery authority among local gov- governments to provide a level city taxpayers may object to this ernments. This amendment was or standard of service delivery tax inequity, they have had little intended as an “effort to provide . . . . The local government equal- recourse except through litigation.

14 Georgia Bar Journal In short, the equalization amend- Special Service Districts for the provision of urban servic- ment had the unintended conse- The special service district pro- es in unincorporated areas.16 Of quence of allowing double taxation vision of the Georgia Constitution these, several, such as Fulton and and tax inequities for city residents authorizes the creation of special Gwinnett counties, implemented and businesses. districts for the provision and special services districts only in Following approval of the amend- financing of local government ser- the face of litigation or the threat ment and continuing to the present, vices within such districts.14 Fees, of legislative action. A few coun- counties have significantly expand- assessments and taxes may be lev- ties, including Henry and DeKalb ed unincorporated area services to ied and collected within such dis- Counties, use differential county- include law enforcement patrol, fire, tricts to pay the cost of providing wide property tax millage rates to roads, water, sewers, sanitation and services therein. This authoriza- mitigate municipal double taxation. recreation. In 2013, annual expendi- tion is broad and permissive and tures by Georgia counties (exclud- may be implemented by general Service Delivery Act ing consolidated governments) for law or by local ordinance or reso- In 1997 the General Assembly these services amounted to $3.18 lution. Counties are not mandated took broader action to address the billion. This was an increase of $2.61 by this authority to create special issue of double taxation through billion from 1985 until 2013.13 districts; however, such districts enactment of the Service Delivery could be directly created by gen- Act (SDA).17 The SDA specifically Remedies for Tax Inequity eral law or under conditions speci- addresses the funding of services A number of legal remedies exist fied by general law.15 that primarily benefit inhabitants for resolving the issue of double Some counties have used this of unincorporated areas. The intent taxation in Georgia. These include constitutional authority to create of the law was to establish a county the use of special service districts special service districts to finance and city service delivery system authorized by the equalization urban services in unincorporated that minimizes inefficiencies result- amendment, the Service Delivery county areas. For example, 23 coun- ing from duplication of services, Act of 1997, the Local Option Sales ties have established fire service local government competition and Tax Act and the 1983 insurance districts. Eight counties have multi- funding inequities.18 To eliminate premium statute. purpose special service districts double taxation of city taxpayers, You Try Cases – We Appeal Them State and Federal Criminal Appellate and Post-Conviction Representation Over thirty years combined experience in Successful State and Federal: • Motions for New Trial • Appeals • Habeas Corpus • Parole Petitions • Responsible and Respectful Ineffective Assistance of Counsel Claims ~ ~ ~ When It’s Time for a Change, Contact Law Firm oF Shein & BrandenBurg 2392 N. Decatur Road, Decatur, Georgia 30033 404-633-3797 www.federalcriminallawcenter.com

June 2016 15 the law requires the preparation provides (including those jointly court conducted a comprehensive and adoption of a comprehensive funded by the county and one review and analysis of numer- strategy to identify all local govern- or more municipalities) primar- ous county services to determine ment services, the unit of govern- ily for the benefit of the unin- service delivery tax equity accord- ment providing such services, the corporated area of the county ing to the SDA. Judge David E. geographic areas where the services are borne by the unincorporated Barrett issued a series of orders are provided (including maps), the area residents, individuals, and compelling Gwinnett County to funding sources for each service, property owners who receive establish service and tax districts and the identification of mecha- such service.22 in order to remedy tax inequi- nisms and steps needed to achieve ties determined by the court. The the intent of the SDA along with the Pursuant to the SDA, once a ser- court prescribed specific funding time frame for such steps.19 vice delivery strategy agreement sources and accounting and bud- Addressing the specific com- has been adopted by the county getary procedures for each ser- plaint of cities and incorporated and the requisite cities, it is filed vice. Judge Barrett’s orders were taxpayers, the SDA provides, by the county with the DCA.23 not appealed. The Gwinnett case The DCA has 30 days to review reveals that cities may achieve The strategy shall ensure that the the strategy and to verify that it substantial relief for county-city cost of any service which a county contains the required elements and tax inequities through litigation. provides primarily for the ben- addresses the mandatory criteria.24 However, cities that assert tax efit of the unincorporated area of Although the DCA must receive inequities may face an extended the county shall be borne by the and certify service delivery agree- and expensive process of fiscal unincorporated area residents, ments, the law specifically prohibits analysis and legal claims. individuals, and property owners it from approving or disapproving Another statewide county-city who receive the service. Further, their components or outcomes.25 tax inequity arises from the provi- when the county and one or Consequently, the DCA’s role as an sion of law enforcement patrol ser- more municipalities jointly fund enforcer of the SDA’s requirements vices and a legislative exemption a county-wide service, the county is limited. Furthermore, counties from the SDA. Most Georgia cit- share of such funding shall be and cities face substantial sanc- ies receive law enforcement patrol borne by the unincorporated resi- tions for noncompliance by failing services from police departments, dents, individuals, and property to jointly submit and agree to a funded with city taxes. Most coun- owners that receive the service.20 service delivery agreement. These ty unincorporated areas receive law include loss of state funding of enforcement patrol services from The SDA also specifies the fund- essentially all types and inability to their county sheriff’s departments ing sources for such unincorpo- obtain state permits.26 which provide little or no patrol rated area services: Recognizing that counties and services within most cities. Since cities may have difficulty agreeing sheriff patrol services are funded Such funding shall be derived to the details of a service delivery with county-wide taxes, incorpo- from special service districts plan, the SDA provides specific prorated taxpayers end up paying for created by the county in which cedures for resolving disputes aris- both city and county law enforce- property taxes, insurance pre- ing from preparation of the plan; ment patrol services. This practice mium taxes, assessments, or user such procedures include alterna- is contrary to the general intent fees are levied or imposed or tive dispute resolution, mediation of the SDA, but the SDA specifi- through such other mechanism and superior court review of items cally exempts services provided by agreed upon by the affected par- in dispute (including evidentiary county sheriffs.30 ties which complies with the hearings).27 The court “[i]s autho- In summary, the SDA provides intent of subparagraph (A) of rized to utilize its contempt powers clearly defined standards for the this paragraph[.]21 to obtain compliance with its deci- determination and remediation of sion relating to the disputed items tax inequities,31 and these stan- The Georgia Department of under review. The judge shall be dards have now been affirmed in Community Affairs (DCA) requires authorized to impose mediation the Gwinnett County litigation. counties and cities, adopting their and court costs against any party However, the procedures and pro- plans, to formally stipulate that upon a finding of bad faith.”28 cesses for remediation provided in double taxation and inequities Counties and cities have not the statute are essentially impracti- have been remedied: generally sought court relief cable. Cities seeking redress for tax to resolve service delivery dis- inequities face onerous burdens, Our service delivery strategy putes. The most notable excep- including state sanctions for fail- ensures that the cost of any ser- tion is Gwinnett County v. City ing to have an approved service vices the county government of Auburn, et al.,29 in which the delivery agreement and, potential-

16 Georgia Bar Journal ly, an extended dispute resolution that the proceeds of insurance pre- ance premium taxes in their bud- process and litigation with county mium taxes be used by counties to get adoption resolutions. governments. While the SDA has fund the following specific services established the criteria for devel- within their unincorporated areas: Conclusion oping a service delivery strategy, Georgia counties and cities have it has largely been ineffective in (A) Police protection, except state policy direction as well as alleviating tax inequities in urban such protection provided by the multiple opportunities to achieve service delivery by counties. county sheriff; service delivery efficiency and (B) Fire protection; equity—through the equalization Local Option Sales Tax Act (C) Curbside or on-site residen- amendment and the service dis- In addition to the SDA, the Local tial or commercial garbage and trict clauses of the Constitution, the Option Sales Tax Act32 (LOST) solid waste collection; SDA, LOST and the insurance pre- requires that tax subsidies be con- (D) Curbs, sidewalks, and street mium statute. A statewide review sidered and addressed in determin- lights; and of county and city service deliv- ing rational shares of LOST pro- (E) Such other services as may ery and funding demonstrates that ceeds. LOST provides the following be provided by the county gov- these remedies have not achieved as one of eight allocation criteria: erning authority for the prima- the General Assembly’s goal of ry benefit of the inhabitants of developing an equitable and The use by any political subdivi- the unincorporated area of the responsive local government ser- sion of property taxes and other county.36 vice delivery system in Georgia. revenues from some taxpayers Of Georgia’s 159 counties, 116 to subsidize the cost of services If the county does not provide counties levy the same or higher provided to other taxpayers of any of these enumerated services, county incorporated area (munici- the levying subdivision[.]33 the county is required to reduce pal) property tax rates as compared ad valorem taxes on the inhabit- to the unincorporated areas.40 Most The Legislature clearly intended ants of the unincorporated area counties have not addressed such to address counties’ use of county- by the amount it receives from tax rate differentials or inequi- wide taxes to subsidize the cost of the insurance premium tax.37 The ties through functional consolida- services provided by the county for statutory provisions relating to this tion, special unincorporated area the benefit of the unincorporated requirement were litigated in a tax districts, use of LOST alloca- area of the county. Nevertheless, recent class action lawsuit against tions, insurance premium taxes or achieving tax equity through the Montgomery County, Georgia.38 LOST allocation process is prob- This law further requires county lematic and ineffective. The tax budgets to reflect such financial equity criterion is only one of eight information along with a record Tax Court Accepts criteria which have to be consid- thereof in the minutes of the meet- Kaye Valuation ered in a demanding, contentious ing at which the budget was adopt- and time-limited county-city pro- ed.39 Counties are thus required Affirmed by cess of negotiation.34 In most dis- by law to provide budgetary infor- puted cases between cities and mation clearly showing the ser- US Court of Appeals counties, counties simply refute the vices that primarily benefit their existence of tax inequities, and cit- unincorporated areas. Counties ies are hard-pressed to present and must notify the Department of Mitchell Kaye, CFA, ASA receive court acceptance of their Revenue (DOR) of their compli- (770) 998-4642 equity arguments. ance with statutory requirements. DOR records generally show no Insurance Premium Statute record of county noncompliance. Business Valuations A final remedy addressing Nevertheless, many counties Divorces ! Estates ! Gifts double taxation is found in insur- ignore the special requirements ance premium legislation adopted of the insurance premium statute. ESOPs ! FLPs in 1983.35 While the SDA refers Most counties do not show sepa- Intangible Assets ! Disputes to insurance premium taxes as a rately this source of revenues in Court Testimony and IRS Experience source of county revenue to be their budgets, nor do they account used in special service districts, for the specific services funded. there is no mandate that coun- They fail to enumerate which ser- serving appraisal clients since 1981 ties use the funds for specific services are primarily for the ben- www.MitchellKaye.com vices. By contrast, the 1983 insur- efit of the unincorporated area. ance premium statute mandates Finally, they do not identify insur-

June 2016 17 other remedial measures. While 32 The SDA requires local govern- Michael B. Brown is Georgia counties have unincorpo- ments to agree upon on a service the principal of the rated area special service districts, delivery strategy to minimize con- Savannah firm of 23 of these districts are only for fire flicts by specifying which local gov- Brown Pelican services and not for other urban ernments would deliver which ser- Consulting LLC which services. Twenty-eight Georgia vices and the method of funding serves numerous cities counties impose higher property such services. Every local govern- in Georgia. His local government tax rates in their incorporated areas ment in Georgia is now required to experience includes city manager 41 than in the unincorporated area. adopt a “service delivery strategy” of Savannah and city manager of These counties are effectively that ostensibly eliminates duplica- the Columbus Consolidated asserting that no county service tion and assures that the costs of Government. Brown has a B.A. in is primarily for the benefit of the services are borne by the residents government and M.A. in public unincorporated areas, and there- receiving the service. However, fore the insurance premium tax without sufficient enforcement for administration from the University revenues are available to roll-back noncompliance, the SDA has fallen of Virginia. property tax millage rates in the far short of its legislative intent. unincorporated areas. In its report to the State Planning Endnotes In summary, taxpayers within and Community Affairs Committee 1. See Rep. of the State Planning and Cmty. Affairs Comm., 131st Gen. Georgia cities face systemic tax in 1972, the Urban Growth Assembly, Reg. Sess. (Ga. 1972), inequities which are the result of Subcommittee did not anticipate reprinted in Journal of the House county urban service delivery and that the equalization of service of Representatives of the State of funding practices within unincor- delivery authority among counties Georgia, 131st Gen. Assembly, Reg. porated areas. In their county tax and municipalities would result in Sess., at 4456 (1972). bills, city taxpayers fund services double taxation in the provision of 2. Id. at 4465. which primarily benefit unincorpo- urban services. The special district 3. Id. at 4464. rated areas. They also pay for city authorization in the Constitution 4. Id. at 4459. services which are of county-wide is a remedy for resolving the issue 5. Id. benefit, such as fire services out- of double taxation in Georgia. 6. Id. side city boundaries, city streets and However, this authorization is per- 7. See 1972 Ga. Laws 1552; Georgia Official and Statistical Register road maintenance, parks and recre- missive, and the creation of special 1971-1972, at 1900. ation, economic development and districts can only be mandated by 8. See 1972 Ga. Laws at 1552-53; Ga. tourism promotion. This dual urban general law. The Urban Growth Const. of 1976 art. IX, § 4, ¶ 2 service delivery system has accom- Subcommittee could have included (the predecessor to current Ga. modated the demand for urban ser- such a mandate in its recommen- Const. art. IX, § 2, ¶ 3(a)). This vices in unincorporated areas, but it dations to the State Planning and amendment empowers counties has also caused duplication of local Community Affairs Committee in and municipalities to provide government services among cities 1972. The mandate would have the following services: police and counties and resulted in fiscal required that the cost of any service and fire protection; garbage inequities in the financing of urban provided primarily for the benefit and solid waste collection and services in many areas of the state. of the county unincorporated area disposal; public health facilities and services, including hospitals, In the 2014 session of the Georgia would be borne solely by the resi- ambulances, emergency rescue General Assembly, legislation for dents who receive the service. and animal control; street and strengthening the enforcement pro- road construction, including visions of the SDA was introduced James V. Burgess Jr. curbs, sidewalks, and street lights, in the House of Representatives.42 served as executive and devices to control the flow Representatives from the Georgia director of the Georgia of traffic on streets and roads Municipal Association and the Municipal Association constructed by counties and municipalities or any combination Association County Commissioners from 1983 until 1995. of Georgia were unable to agree thereof; parks, recreational areas, Upon retirement he on the proposed legislation; the programs and facilities; storm served as mayor of the city of House did not vote on the leg- water and sewage collection and disposal systems; development, islation. The proposed legisla- Social Circle from 1997 until 2011. storage, treatment and purification tion would have strengthened the He is a practicing attorney specializing in municipal law and and distribution of water; public sanctions provided by the SDA by housing; public transportation allowing the DOR to retain 10 per- also serves as a public policy system; planning and zoning; cent of all sales tax revenues dis- mediator and consulting attorney libraries; terminal and dock tributed to any local government in matters affecting local and facilities and parking facilities; for noncompliance. state government. building, housing, plumbing, and

18 Georgia Bar Journal electrical codes; and air pollution 20. Id. § 36-70-24(3)(A). a class action lawsuit seeking control. 21. Id. § 36-70-24(3)(B). refunds of property taxes paid 9. See Ga. Const. art. X, § 1, ¶ 2. 22. Ga. Dep’t Cmty. Affairs, Service as a result of the county’s use of 10. Rep. of the State Planning and Delivery Strategy Form 4: insurance premium tax proceeds Cmty. Affairs Comm., supra note 1, Certifications, at ¶ 4. (citing to fund garbage collection centers at 4460. O.C.G.A. § 36-70-24(3)). This form is rather than reducing the millage 11. Id. available at http://www.dca.state.ga.us/ rate for the inhabitants of the 12. Id. development/planningqualitygrowth/ unincorporated areas of the 13. These dollar figures are based DOCUMENTS/Forms/SDS.Forms/ county. The outcome of the case on unpublished analysis SDSForm4.dot. centered on an interpretation of (available upon request from 23. O.C.G.A. § 36-70-26. O.C.G.A. § 33-8-8 (a)(1)(C) and the authors) of data available 24. Id. (E). The court granted plaintiff’s to the public at the Carl Vinson 25. Id. motion for summary judgment, Institute of Government’s Tax 26. See id. § 36-70-27(a)(1). which argued that the county’s and Expenditure Data Center 27. See id. § 36-70-25.1. collection centers do not qualify as for Georgia Local Governments, 28. Id. § 36-70-25.1(d)(2). “curbside or on-site” residential https://ted.cviog.uga.edu. 29. Gwinnett Cty. v. City of Auburn, or commercial garbage and 14. See Ga. Const. art. IX, § 2, ¶ 6. et al., Case No. 09-A-01923-9 (Sup. solid waste collection and thus 15. Id. Ct. Gwinnett Cty). the county must provide an ad 16. These counties include Camden, 30. See O.C.G.A. § 36-70-2(5.2). valorem tax millage rate reduction Chatham, Crisp, Coffee, 31. See id. § 36-70-24(3). for property owners in its Dougherty, Emanuel, Fulton 32. O.C.G.A. §§ 48-8-80 to -96 (2013 & unincorporated areas in an amount and Gwinnett. See Ga. Dep’t of Supp. 2015). equal to all insurance premium tax Revenue, Local Gov’t Servs. 33. O.C.G.A. § 48-8-89(b)(7) (2013 & proceeds that it used to fund the Div., 2012 Georgia County Ad Supp. 2015). centers. Valorem Tax Digest Millage 34. See id. § 48-8-89(b)(1)-(8). 39. See O.C.G.A. § 33-8-8.3(b). Rates, https://dor.georgia.gov/ 35. 1983 Ga. Laws 1602 (codified as 40. See Ga. Dep’t of Revenue, Local sites/dor.georgia.gov/files/ amended at O.C.G.A § 33-8-8.3 Gov’t Servs. Div., 2013 Georgia related_files/document/LGS/ (2014 & Supp. 2015)). County Ad Valorem Tax Property%20Tax%20Digest/LGS_ 36. O.C.G.A. § 33-8-8.3(a)(1). Notably, Digest Millage Rates, https:// Georgia_County_Ad_Valorem_ subparagraph (E) was revised in dor.georgia.gov/sites/dor. Tax_Digest_Millage_Rates_2012. 1997 to replace the words “solely georgia.gov/files/related_files/ pdf. for” with the words “for the document/LGS/Property%20 17. 1997 Ga. Laws 1567, 1571 (codified primary benefit.” See 1997 Ga. Tax%20Digest/2013%20mill%20 as amended at O.C.G.A. tit. 36, ch. Laws 561, 562. rate.pdf. 70, art. 2 (O.C.G.A. §§ 36-70-20 to 37. See O.C.G.A § 33-8-8.3(a)(2). 41. See id. -28 (2012)). 38. Hamilton v. Montgomery Cty., 42. H.B. 855, 152nd Gen. Assembly, 18. O.C.G.A. § 36-70-20. Case No. 13-CV-159 (Sup. Ct. Reg. Sess. (Ga. 2014). 19. Id. § 36-70-24. Montgomery Cty.). This was

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June 2016 19 GBJ Feature

2016 Legislative Review by W. Thomas Worthy

he 2016 Regular Session of the Georgia

General Assembly adjourned sine die at T approximately 12:40 a.m. on Friday, March 25. In what was one of the quickest legislative sessions in recent years, as members are up for re-election this year and were eager to return to their districts to campaign prior to the May 24 primaries.

Perhaps the most important State Bar issue during this year’s session was the constitutional amendment (HR 1113) and enabling legislation (HB 808) that abol- ishes the existing Judicial Qualifications Commission (JQC) and reconstitutes it under provisions contained in general law rather than the Constitution. The General Assembly took up HR 1113, the constitutional amendment, late in the evening on legislative day 39. The State Bar’s lobbying efforts defeated the measure on the first vote, but the Senate voted to reconsider its action, and after hours of horse-trading and political negotiations, one senator’s vote was switched and HR 1113 passed 38-18—the bare minimum to reach the required two-thirds vote to adopt a constitutional amendment. The House then immediately agreed to the Senate version by a vote of 120-40, Then, late in the evening on legislative day 40, the also barely making the two-thirds vote requirement. Senate passed its version of HB 808, the enabling As a result, the constitutional amendment will be on legislation that accompanies HR 1113 and provides the ballot in November, and the citizens of Georgia will for the composition of the new JQC as well as poli- vote to determine whether or not it passes. cies and procedures by which it must operate. The

20 Georgia Bar Journal version passed by the Senate con- tinuation funding of the Appellate for their capable, professional tained two attorney appointments Resource Center. and zealous advocacy. made by the State Bar Board of Five State Bar bills saw final pas- As in every election year, many Governors. When it returned to sage and have been signed by the members of the General Assembly the House, the House amended governor: SB 206 (a bill requiring decide to retire to pursue other the bill, removing the Board of binding notice of water indebted- opportunities. This year, seven Governors appointees and instead ness to closing attorneys); SB 64 lawyer-legislators announced that providing that the Speaker of the (a bill that repeals administrative they will not be returning to the House and the lieutenant gover- legitimation in domestic relations Gold Dome next year: Rep. Stephen nor each appoint attorney mem- matters); SB 367 (this year’s install- Allison, Rep. Alex Atwood, Rep. bers to the JQC from a list of 10 ment of Georgia’s unmatched jus- LaDawn Jones, Rep. Ronnie Mabra, names provided by the Board of tice reform and reinvestment initia- Rep. B.J. Pak, Rep. Matt Ramsey Governors. The bill also provides tives); SB 290 (a bill that clarifies and Rep. Tom Weldon. I thank that the governor appoint an attor- that attorneys who counsel on or them for representing the very best ney as chairman, the Supreme sell title insurance do not need to be of our profession in the General Court appoint two judges of any dually licensed as insurance agents); Assembly and wish them well in court of record and the speak- and SB 128 (a bill that amends the their future endeavors. er and lieutenant governor each corporate code). Other bills of inter- On that note, I would like to appoint a civilian member. All of est to the legal profession that saw take a point of personal privi- these appointments will be subject final passage and were signed by lege to announce that I will be to Senate confirmation. The House the governor include: HB 927, which leaving the State Bar this sum- and Senate agreed to the House changes jurisdiction of the appel- mer to pursue a new opportu- version of HB 808 shortly before late courts and adds two new jus- nity as vice president of Piedmont the sine die hour, and Gov. Deal tices to the Supreme Court; SB 255, Healthcare. The opportunity to signed HB 808 into law on May 3. which updates Georgia’s garnish- represent my profession under While we are pleased that the ment laws and procedures; HB 941, the Gold Dome has been one of State Bar’s important role in judi- which provides sweeping overhauls the highest professional honors cial discipline is at least acknowl- of Georgia’s grand jury system; and for which one can ask. I thank edged under this new paradigm, HB 954, which adopts the Uniform the State Bar leadership, Board we still have significant concerns Adult Guardianship and Protective of Governors, lobbying team and about the level of the Bar’s involve- Proceedings Jurisdiction Act. every member of this dynamic ment as well as other policies con- Gov. Deal issued 16 vetoes this organization for the privilege to tained in HB 808. The Board of year including three high-profile work with you. Governors will continue to discuss bills. HB 757, the religious liberty I encourage you to continue strategies about moving forward bill; HB 859, the bill that would your political engagement at the to address these concerns over the have authorized concealed carry local level and by signing up for next few months, but these bills on college campuses by weapons the State Bar Action Network on underscore the importance of a permit holders; and HB 59, which the Legislative Program website. well-funded Legislative Program would have created waiver of As our Grassroots Program con- and involvement by lawyers with sovereign immunity as to claims tinues to grow with great success, their local legislators to ensure that seeking a declaratory judgment or so will our voice at the Capitol. In the Bar’s voice is heard as we work injunctive relief against the state or the meantime, look for Bar lead- to maintain continuity and public local governments were all vetoed ership and governmental affairs confidence in judicial discipline. by the governor on May 3. staff in your area soon as we seek In other news, the State Bar did State Bar President Bob to bring this important service that enjoy many strong successes under Kauffman visited the Capitol often the Bar provides you to local and the Gold Dome. The record-break- this session and did a fine job rep- voluntary bar associations around ing $23.7 billion FY17 state bud- resenting the Bar in his testimony the state. get includes the State Bar funding before various committees. The requests such as: restoring grants entire Executive Committee as W. Thomas Worthy is to civil legal services providers for well as Section leaders who gra- director of victims of domestic violence to the ciously volunteered their time to Governmental Affairs pre-Recession level of $2.5 million testify before committees are also for the State Bar of per year, an increase in funding at to be commended. In addition, Georgia and team the Department of Law, an increase we owe a debt of gratitude to the leader for the State in funding for the Prosecuting State Bar’s lobbying team, which Bar’s lobbying team. Attorneys Council and the Georgia also includes Rusty Sewell, Roy Public Defenders Council, and con- Robinson and Meredith Weaver,

June 2016 21 GBJ Feature

Fulfilling Promises: Celebrating the First Decade of Georgia’s Public Defender System

by Sara J. Totonchi

“If an obscure Florida convict named Clarence Earl Gideon had not sat down in his prison cell with a pencil and paper to write a letter to the Supreme Court, and if the Court had not taken the trouble to look for merit in that one crude petition . . . the vast machinery of American law would have gone on functioning undisturbed. But Gideon did write that letter, the Court did look into his case . . . and the whole course of American legal history has been changed.”—Attorney General Robert F. Kennedy, Speech before the New England Conference on the Defense of Indigent Persons Accused of Crimes, Nov. 1, 1963

n March 18, 1963, the U.S. Supreme

Court issued its decision in Gideon v. O Wainwright, unanimously holding that people facing serious criminal charges have a right to counsel at state expense if they cannot afford to hire an attorney. Since the enactment of Gideon, it has become clear that not just the appointment of counsel, but the appointment of effective legal assistance for all defendants, is critical to ensure a just and fair criminal justice system.

In 2005, through the work of then-Chief Justice Norman Fletcher and the Supreme Court of Georgia’s Commission on Indigent Defense, and with the support of the State Bar of Georgia, Georgia took an important step in fulfilling Gideon’s promise by implementing a statewide public defender system, the Georgia Public Defender Council (GPDC). On March 4, 2016, the Indigent Defense Committee of the State Bar of Georgia

(IDC) hosted an event marking the 10th anniversary for Human Rights Southern Center Photo by Rachel Stanley, of Georgia’s statewide public defender system entitled Former Chief Justice Norman Fletcher was the keynote speaker, “Fulfilling Promises: The Next Decade of Public Defense offering his reflections on how far the public defender system has in Georgia.” progressed in the last decade.

22 Georgia Bar Journal The event, held in the Marjorie and Ralph Knowles Conference Center at the Georgia State University College of Law, reflected on the transformation of indigent defense over the last decade through the creation of the GPDC and its initiatives that have sought to fulfill the promise of Gideon across the state of Georgia. It also served as an opportunity to highlight important legislative changes and work that individual public defender offices are engaged in across the state to ensure quality representation for indigent defendants. “Gideon’s promise is about more than just guaranteeing that defendants have a lawyer; it’s a promise for Human Rights Southern Center Photo by Rachel Stanley, The organizers of ”Fulfilling Promises“(left to right) Sara Totonchi, Nicki Vaughan, Lauren Sudeall of effective and meaningful rep- Lucas and Claudia Saari. resentation,” said Lauren Sudeall Lucas, a member of the IDC and assistant professor of law and director of the soon-to-be-introduced Center for Access to Justice at Georgia State. “The discussion at ‘Fulfilling Promises’ centered on what Georgia can do and is doing to ensure that promise is being kept.” Attendees were greeted by GSU Law Dean Steven Kaminshine. State Bar President Robert J. “Bob” Kauffman shared a letter of welcome from Gov. Nathan Deal that commended the IDC for organiz- ing the event. Under the guidance of Gov. Deal, Georgia has become for Human Rights Southern Center Photo by Rachel Stanley, a leader in reforming the criminal (Left to right) Panelists Russell Gabriel, Atteeyah Hollie, Leisa Johnson and Vernon Pitts respond to questions from audience members. justice system. His support for a strong indigent defense system sive coalition effort that resulted At the core of “Fulfilling was made clear during the 2016 in the passage of the 2003 Indigent Promises” was a panel featur- legislative session. Gov. Deal’s Defense Act. He acknowledged ing indigent defense experts and FY17 budget included $1.7 mil- that the last 10 years have been a advocates moderated by Stone lion in salary increases for GPDC struggle but shared that he is opti- Mountain Circuit Public Defender employees as well as, for the first mistic about the future of the pub- and IDC member Claudia Saari. time, funding to create 15 new lic defender system, largely due to The panel weighed in on a range of juvenile defender positions. the dedication of individual public topics, including the role of public Former Chief Justice Norman defenders across Georgia. defenders in rural and urban areas, Fletcher offered reflective and “Our public defenders and public defender workloads and inspiring keynote remarks. He assistant public defenders have special concerns with regard to the described Georgia’s formerly made great personal sacrifices,” representation of juveniles. piecemeal and broken system of Fletcher said. “They continue to do Panelists included Russell providing counsel for poor people it because they believe in the sys- Gabriel, director, Criminal Defense accused of crimes, assessed unani- tem; they believe that equal justice Clinic, University of Georgia mously as a failure by the Chief under the law means and requires School of Law; Atteeyah Hollie, Justice’s Commission on Indigent equal justice for all, not just those staff attorney, Southern Center Defense. He recounted the mas- who can pay for it.” for Human Rights; Vernon Pitts,

June 2016 23 “And Justice for All” State Bar Campaign for the Georgia Legal Services Program® (GLSP)

On Your 2016 Bar Dues Notice, Give to GLSP on Line D and Change Lives!

James is 18 years old and has a severe disability from a progressive disease. He relies on a breathing tube and a feeding tube, which make it impossible for him to communicate. GLSP ‘s legal assistance changed his life. James is monitored constantly so that his breathing tube does not come out or clog. His mother cares for him at home, often monitoring him all night. She also works to support herself and two other children. She received notice that the state planned to reduce the hours of nursing care that James receives through the Medicaid program. She contacted GLSP for help. We took action to keep the services going while we gathered more medical evidence. After months of negotiation, the Medicaid agency nally agreed to maintain the hours of nursing care that James needs, enabling him to stay at home with his family. — Phyllis J. Holmen, GLSP Executive Director

Please complete your Bar Dues Notice with a gift or pledge to GLSP!

Thank you for your generosity and support!

“And Justice for All” State Bar Campaign for the Georgia Legal Services Program® ®

The Georgia Legal Services Program (GLSP) is a 501(c)(3) nonprofit law firm. Gifts to GLSP are tax-deductible to the fullest extent allowed by law. The client story is used with permission. The name does not necessarily represent the actual client.

Ten (10) GLSP o ces outside metro Atlanta serve 154 of Georgia’s 159 counties. Your gift makes a di erence! Photo by Cheryl Karounos, Georgia Public Defender Council Circuit Public Defenders from across Georgia pose with new GPDC Director, Bryan Tyson. (Front row, left to right) Robert Persse; Bryan Tyson, executive director, GPDC; Brandon Clark; Charlie Brown; David Dunn; Tom Driggers; Claudia Saari, IDC member; Vernon Pitts, IDC member; Renata Newbill-Jallow; and Nicki Vaughan, IDC member. (Back row, left to right) Chris Paul, IDC member; Gary Bowman; Brad Morris; and Leisa Johnson.

Atlanta Circuit Public Defender; subject matter experts and we get and Leisa Johnson, Dougherty results for our clients,” said Tyson. Earn up to 6 CLE Circuit Public Defender. Tyson gave an overview of the credits for authoring To close the program, Bryan priorities of GPDC in the coming Tyson, director of GPDC, gave a years. He discussed the launch of legal articles and “State of the State” address. Tyson training programs and leadership having them offered insight regarding the fund- development initiatives for public ing status of GPDC. When Gov. defenders across the state. published. Deal took office, GPDC was receiv- “We want to zealously represent Submit articles to: ing $38 million in state funds. In our clients,” stated Tyson. “We strive Timothy Colletti FY16, GPDC’s budget from state to make indigency irrelevant in funds will be more than $51 mil- every courtroom of this state because Georgia Bar Journal lion, 34 percent higher than it was of that overarching vision: no one 104 Marietta St. NW when Gov. Deal took office and should be able to tell whether our Suite 100 the most Georgia has ever spent on client is indigent based on the quality Atlanta, GA 30303 indigent defense. Next fiscal year, of representation he or she receives.” GPDC’s budget is on track to be “The Indigent Defense Committee Contact [email protected] more than $15 million higher than is thrilled at the success of this for more information the collections from the Indigent symposium,” said Nicki Vaughan, or visit the Bar’s website, Defense Fund. long-time member of the Indigent www.gabar.org. To illustrate the quality of indi- Defense Committee. “Having the gent defense now versus before visionary leaders of the past along GPDC came into effect, Tyson used with the present leaders, includ- the example of death penalty cases ing so many of the circuit public and the work of the Georgia Capital defenders from around the state, Defender, one of GPDC’s units. In enabled the event to take on signifi- the decade before GPDC was cre- cance as a milestone in assuring that ated in 2005, death-noticed cases Georgia is committed to striving to ended in a death verdict about 25 fulfill the promises of Gideon.” percent of the time. Over the last 10 years with our capital defend- Sara J. Totonchi is the er handling more than 200 cases, executive director of those ended in a death verdict only the Southern Center 4 percent of the time. for Human Rights. She “In short, you’re far better can be reached at off being represented by a pub- [email protected]. lic defender—because we are the

June 2016 25 GBJ Feature

Pro Bono E-volution by Michael Monahan

very spring, the American Bar Association

hosts its Equal Justice Conference. I recall E wandering into a session at the conference in 2001 that caught my attention. The 90-minute session promised to deliver information about a website that supports volunteer attorneys. It seemed like it would be a pretty straightforward presentation, maybe a little dry for someone like me who was just getting used to the switch from 5 1/4” floppy storage disk to the cooler, new 3 1/2” disk, and who was just beginning to appreciate all the features of WordPerfect.

That 2001 ProBono.Net website presentation turned my work world upside down. The presenters described a website template they had recently launched in Minnesota that was a particularly useful tool for rural pro bono attorneys and legal service providers to connect and share information and materials with other providers and volunteers across the state. The template consisted of a resource

26 Georgia Bar Journal library, a shared events and train- and said, “We could do that!” Thus opment of virtual services deliv- ings calendar, group listserv capac- was born in Georgia a new venture ery, introducing programs to your ity and news—and which could be in data sharing across the two plat- technology contacts and IT staff, developed and shared by multiple forms via API feeds. participating in a technology advi- nonprofit legal aid and pro bono These early days of technolo- sory committee for the community programs in a collaborative justice gy development were not easy, or by helping our pro bono pro- community fashion. though. Enthusiasm and persis- grams access affordable, low-cost As I staffed the State Bar’s tence were usually sufficient to technology training. Access to Justice Committee, upon overcome limited staff resourc- For its part, the State Bar my return, I made a report to the es. The Georgia volunteer sup- of Georgia Access to Justice committee and excitedly laid out port website and enhancement Committee is planning a fall Justice the details and the possibilities projects have been funded by Hack-a-thon to bring together pro for implementing the template in the Technology Initiatives Grant bono program leaders and technol- Georgia to unite and support our Program of the federal Legal ogy coders and developers for two legal aid programs in their pro bono Services Corporation, the most days of brainstorming on creating development efforts. My enthusi- significant source of dollars and apps and online resources to over- asm could not overcome the esti- positive disruptive change in the come barriers to access to justice. mated price tag of $10,000-$15,000 national legal aid community. Keep an eye out for that exciting for the purchase and implementa- Prior to 2001, the legal aid and justice event. tion and the skepticism of address- public interest advocacy communi- Take a few minutes and join our ing pro bono as a statewide issue ty was making important strides in statewide volunteer lawyer sup- rather than a regional one. I persist- the burgeoning digital revolution, port site, www.GeorgiaAdvocates. ed for a few years and ultimately frequently besting their peers in org. Become part of a larger com- won over the naysayers. In 2003, private practice. In the late 1990s, munity of pro bono lawyers. You’ll we launched GeorgiaAdvocates. for example, Georgia Legal Services find training materials, a direc- org, our statewide volunteer law- Program, in partnership with the tory of all the pro bono programs yers support website. Fund for the City of New York, in Georgia, training events and, From 2003 on, we have made became the first legal aid program importantly, a place to call home significant changes to the site. We in the country to automate the for all the good work that you do. pioneered live-streaming for online protective order process for family If you have any questions about pro bono trainings in 2005 by violence survivors. Georgians and pro bono in Georgia, please con- incorporating and testing a video trained shelter advocates could go tact me at [email protected]. I’m module in the ProBono.net tem- online, answer a series of ques- available to help. plate. For the first time in Georgia, tions and print the completed peti- volunteer lawyers could attend tion and related documents for Michael Monahan is pro bono trainings without leav- a protective order. The success- the director of the Pro ing their office. Pro bono programs ful pilot project lasted well over Bono Resource Center could create a storehouse of online seven years serving thousands of for the State Bar of trainings and materials available to Georgians and firmly establishing Georgia and can be volunteers on a 24/7 basis. a foothold for virtual legal services reached at probono@ A few years later, again at the for the poor and the lower middle- gabar.org. ABA Equal Justice Conference, I income household. was in the exhibitor area chatting The future of technology in with the ProBono.net staffers at support of pro bono delivery in their table. As I turned, I saw the Georgia is uncertain. There are Georgia Legal Services Program some wonderful new develop- case management system vendor ments such as the Available Cases for PS Technology/LegalServer at a app from the Pro Bono Partnership neighboring table. We all struck up of Atlanta and our “Text to Know” a conversation together. I offhand- services for volunteer lawyers on edly told the LegalServer CEO that family violence, court interpreters Join the State Bar on it would be great if we could get and pro bono support. To move the GLSP case management system forward and ensure sustainability website they supported and our of technology projects, the Georgia facebook! ProBono.net website to talk to each pro bono community of providers www.facebook.com/ other—to share data such as our needs your assistance. resource library and calendar. Both You can help by donating to statebarofgeorgia vendor reps looked at each other programs to support the devel-

June 2016 27 GBJ Feature

Georgia Probate Judges Receive Certification from CVIOG

by Catherine N. Fitch

hen Barrow County Probate Judge programs to Superior and State Court clerks. CVIOG initiated the probate certificate program in 2012, Tammy Brown became president of in collaboration with the Probate Judges Training Council and the Institute of Continuing Judicial The Council of Probate Court Judges Education of Georgia (ICJE). W Initially, Brown sought to offer additional training of Georgia (CPCJ) in 2009, she announced at the annual for judges to take on a voluntary basis. However, when the program was presented to the CPCJ meeting that she had a vision for a new kind of judicial Executive Committee for approval, the members decided to make the certificate program mandatory education. She wanted to provide probate judges with for all probate judges. According to former Probate Judges Training courses that would go deeper than traditional continu- Council Chair Keith Wood, Georgia’s probate judges are required to receive at least 12 hours of training judicial education, which often teaches judges what ing each year, much of which is provided by ICJE. The Probate Judges Training Council is statutorily to do but not the reasons behind why they do it. responsible for advising and coordinating with ICJE concerning educational programs for Georgia’s pro- Over the next three years, an ad hoc certification bate judges, as well as helping the judges improve the committee developed Brown’s vision into what has operation of their courts. become the Georgia Probate Court Judges Certificate “There was a need to go deeper into the subject Program, aimed at enhancing the proficiency of the matter than we could go in traditional ICJE training, state’s probate court judges. At this year’s CPCJ annual so Carl Vinson provided 18 hours of training a year meeting, the first 90 graduates received their certifica- for four years,” said Wood, Cherokee County Probate tion for completing the program’s 72-hour professional Judge. “At the end of a course, judges are tested and development curriculum. must receive a passing score to get credit.” Brown says the Certification Committee decided The program’s curriculum was developed by the early on to bring in an outside source to validate Certification Committee and CVIOG, according to the new training program. The committee reached Wood. The committee chose the traditional legal topics out to The Carl Vinson Institute of Government offered, like wills and estates, guardianships and civil (CVIOG), which was already providing certificate procedure. CVIOG added courses intended to improve

28 Georgia Bar Journal Photo by Ashley Stollar, AOC Communications office

On April 19, the first graduates of the Georgia Probate Court Judges Certificate Program celebrated their completion of the program’s 72-hour professional development curriculum. This in-depth judicial training program was begun in 2012 to enhance the proficiency of the state’s probate court judges and was coordinated by the University of Georgia’s Carl Vinson Institute of Government, in collaboration with the Probate Judges Training Council and the Institute of Continuing Judicial Education at UGA. the service provided by probate gram achieved Brown’s goals, procedure and statutory interpre- courts, such as office administra- according to Suzanne Carter tation, provide additional assur- tion and leadership. Johnson, Tift County Probate ance that those of us who haven’t Despite having practiced law Judge. Like most Georgia probate attended law school have the legal for more than a decade before judges, Johnson did not attend law knowledge required to carry out becoming a judge, Wood found school. She served as chief clerk of our duties effectively.” the training valuable. He said that her court before taking the bench. Rhodes says because Georgia is a when attorneys get on the other “The program was intense and large and diverse state, with coun- side of the Probate Court counter, increased our knowledge of pri- ties that vary greatly in popula- there are a lot more things they mary probate court functions,” tion, the certification program was need to know. Johnson said. “It gave us the skills needed to ensure all probate judges “Probate Court is the court clos- necessary to provide a high stan- have a common understanding of est to the people because of the dard of service in every county their responsibilities. He believes estate work, the marriage licenses, probate court in Georgia. Serving the program’s success will be evi- the weapons carry licenses and our citizens is important to us.” denced by “the consistency of pro- all of the administrative duties,” Like Johnson, Jackson County cedures in probate courts through- Wood said. Probate Judge Sherry Moore is a out the state.” Shawn Rhodes, an attorney and non-attorney judge, who previ- Probate judges who have not magistrate judge who took the pro- ously served for 10 years as pro- yet completed the full curriculum bate bench in Wilcox County last bate court clerk in Clarke County. will continue to receive training year, finds the program’s train- She said new probate judges have through CVIOG and ICJE. ing on procedural and rule-based several resources available to More information about The responsibilities especially helpful. them to make sure they do their Council of Probate Court Judges He says the training has improved job correctly. of Georgia can be found at www. his office management abilities and “As new judges, we are assigned GaProbate.gov. streamlined court procedures. a mentor and attend a lengthy Brown had hoped the pro- new judges’ orientation. There is Catherine N. Fitch is gram would equip probate judges also a probate judges listserv that the executive director to provide better service to the allows all probate judges to ask of The Council of public and give them confidence each other questions,” Moore said. Probate Court Judges in their decisions, especially the “Even with all that, the in-depth of Georgia. “non-attorney judges.” The pro- certification courses, like civil

June 2016 29 GBJ Feature

Transition Into Law Practice Program (TILPP) Celebrates 10 Years

by Michelle West

his upcoming Bar year, the Georgia legal

community commemorates and celebrates T the 10th anniversary of the first class to complete the Transition Into Law Practice Program

(TILPP). TILPP, also known as “The Mentoring

Program,” is the mandatory continuing legal education (CLE) requirement comprised of both mentoring and CLE for lawyers newly admitted to the State

Bar of Georgia after June 23, 2005, unless exempted.

TILPP seeks to aid in yielding results such as practical skills, seasoned judgment, sensitivity to ethics and an understanding of professionalism. TILPP’s 10th anni- lawyers to complete a period of internship or other supervised work prior to admission. versary is significant in that it provides a chance to n 1997: SPC recommends pilot project to test feasibil- ity of a program combining mentoring and CLE. reflect on its development, operations and successes, n 1998-99: Pilot project logistics are planned and funding secured. while envisioning its future growth and enhancement n 2000-01: The State Bar conducts a two-year pilot project with 100 mentors and 100 beginning lawyers. opportunities to further its goals. n 2002: Pilot project is deemed successful in convey- ing to beginning lawyers the practical skills and A Look Back . . . 10 Years in the professional values necessary to practice law in a highly competent manner. Making . . . 1996-2006 n 2003: SPC formally recommends a mandatory pro- n 1996: State Bar of Georgia creates the Standards gram combining mentoring with CLE for newly of the Profession Committee (SPC) to investigate admitted lawyers in Georgia. The BOG approves and report to the Board of Governors (BOG) as to the concept of a mandatory TILPP and forwards to whether the State Bar should require beginning the Supreme Court of Georgia for final approval.

30 Georgia Bar Journal n 2004: Supreme Court of Georgia n GAWLedu—New lawyer low- Year” nominations starting Jan. 1, approves the concept of a manda- cost boot camp 2017, from all lawyers who current- tory TILPP and authorizes the SPC n Family Law Section of the ly or in the past had a one-on-one to propose an Implementation State Bar of Georgia—Diversity mentor through the program. Plan, which is subsequently Committee approved by the BOG. n GAWL Leadership Academy Mentoring Meals n 2005: Supreme Court of Georgia n Emory Legal Association of We know that providing addition- approves implementation plan Women Law Students al opportunities to meet more expe- calling for a mandatory TILPP n Georgia Legal Services— rienced attorneys outside of their to commence Jan. 1, 2006. Eliminating Barriers to Justice II practice and work environment is of CLE crucial importance to the new law- TILPP Today . . . n Law School Outreach Initiative yer. Thus, TILPP is looking forward Thriving and Evolving n National Association of Bar to implementing its new Mentoring Executives Meals pilot program. This program Over the past 10 years, 9,214 n Connecticut Bar Foundation will provide an open dialogue set- beginning lawyers have com- n Gwinnett County Bar Association ting for those experienced attorneys pleted TILPP and 5,086 men- n University of Georgia Career who would like to participate in tor appointments have been Services TILPP, but have limited time. made by the Supreme Court of n Mercer University School of Georgia. Annually, TILPP enrolls Law Career Services Focus Groups approximately 1,200 beginning n National Legal Mentoring In an effort to gather construc- lawyers and administers pro- Consortium tive feedback, discussion forums grams to both new attorneys and are being created. These focus mentors. Specifically, TILPP co- Looking Ahead . . . groups will afford the opportunity chairs the mandatory Beginning TILPP Raising the Bar to hear firsthand the benefits of Lawyer Program each February the program, as well as the oppor- with rebroadcasts in March and TILPP is striving to keep the pro- tunity to solicit comments in an October; chairs three Group gram engaging and current with informal setting. Mentoring seminars annual- the changing times. TILPP envi- ly in March, May and August; sions the following as future addi- Mentoring and Wellness and presents a complimentary tions to the program: TILPP embraces the State Bar Mentor Orientation every other of Georgia’s wellness initiative year for volunteer mentors. A Paperless Office and looks forward to implement- In addition to the aforemen- TILPP is currently working such concepts into its Model tioned programming, TILPP col- ing toward a paperless program. Mentoring Plan. laborates with various bar asso- Eventually, we hope that new law- ciations and other groups in pre- yers will be able to enroll and sub- Call to Action senting material that is relevant to mit compliance materials electroni- new lawyers as well as seasoned cally. The program is also work- Mentors and Past TILPP attorneys. Over the past few years, ing to institute compliance updates Participants TILPP has presented at or part- through the existing online CLE If you are an experienced attor- nered with the following: reporting platform. ney who is interested in becoming a mentor, hosting a mentoring meal n National Bar Association The Mentor Database or speaking at a TILPP seminar, or Annual Meeting In an effort to decrease the men- a past participant who is willing to n Savannah Law School Orientation tor pairing wait time, TILPP is offer feedback on your TILPP experi- n Gwinnett Legal Aid Pro Bono creating an up-to-date database ence, we would be delighted to hear Project of lawyers throughout the state from you. Please contact Michelle n Georgia Association of Black who have committed in advance to West at [email protected]. Women Attorneys Professional being a mentor. Development Academy Michelle West is the n Georgia Association for Women Honoring our Mentors director of the Lawyers—New Lawyers Affinity TILPP is truly appreciative of the Transition Into Law Group time, commitment and dedication Practice Program of n Fulton County Superior Court given by all of the mentors who vol- the State Bar of Mass Swearing-In unteer to assist new attorneys. As a Georgia and can be n Institute of Continuing Judicial gesture of this appreciation TILPP reached at [email protected]. Education will begin accepting “Mentor of the

June 2016 31

GBJ Fiction

The Lost Confederate Gold by Mark Roy Henowitz

25th Annual Fiction t was curtains for the old courthouse. Eighteen- Writing Competition wheelers circled the crumbling edifice. Men The Editorial Board of the Georgia Bar I in coveralls wheeled, pushed, pulled, carried, Journal is proud to present “The Lost hauled, dragged, lugged and shoved a century of court- Confederate Gold,” by Mark Roy Henowitz of Buford, as the winner of the Journal’s house detritus out of the timeworn structure. 25th annual Fiction Writing Competition. The building was simply worn out. It was used up. The purposes of the competition are The sheriff had jumped ship years ago, favoring a store- to enhance interest in the Journal, to front around the corner. State Court had slipped away encourage excellence in writing by members to a brick building across the street. The tax assessor was housed up the hill in the old high school. The ornate, of the Bar and to provide an innovative classic and classy turn-of-the-century courtroom, which vehicle for the illustration of the life and comprised the entire second floor, had been sliced into work of lawyers. As in years past, this year’s three considerably less stately chambers. One Superior entries reflected a wide range of topics Court judge had relocated his bench to the old post and literary styles. In accordance with the office down the street. Another dispensed justice from a former movie theatre. The urban sprawl oozing our competition’s rules, the Editorial Board way had created a situation that the old relic on the selected the winning story through a process courthouse square had no capacity to address. of reading each story without knowledge of My own bailiwick was the real property record the author’s identity and then ranking each room. This division of the clerk’s office had long ago entry. The story with the highest cumulative outgrown its original home. The deed room had been shunted into the courthouse basement, an ill-lit, low- ranking was selected as the winner. The ceilinged affair, with exposed pipes overhead. It was Editorial Board congratulates Henowitz stifling in summer, flooded in spring and autumn, and and all of the other entrants for their freezing in winter. Stella, the deputy clerk, had termi- participation and excellent writing. nated a mouse down there, in close combat, by whack- ing it with a Swingline stapler.

June 2016 33 I stood on the courthouse lawn, The real property record room “No. It’s the Justice and leaning against a granite monu- was upside down. The ancient leath- Administration Building. They’re ment, watching the workers like er bound deed books and indexes calling it the Jay Bee for short.” so many swarming ants empty the along with the more recent, more “Who is? obsolete hall of justice. Although I sterile computer print-out versions “Everybody. Yes, either the Jay came to the courthouse every work- were stacked like so much cord- Bee or the Law Mall, because it has day, I had never paid the slightest wood. Movers jostled each other a four-story foyer with an escala- bit of attention to the unusual mon- and the books as they wrestled their tor. It reminds people of a mall.” ument that I now reclined against. loads out the narrow doorway and “The Law Mall?” Daily, I breezed right by at a hearty up the even narrower stairs. She nodded. clip, on a mission; I had real prop- “You can’t work here today, “I’ll see it on Monday,” I said. erty titles to search. My diurnal Noble,” said Stella, the deputy “That will be soon enough. You’ll destination was that moldy base- clerk, peering at me disapproving- be open for business?” ment with its books and indexes. ly over reading glasses. “Knowing “Yes.” That day was different. I was in no you, though, it figures that you “Good luck with the move.” hurry. That day the books were not would show up and try.” I left the basement, climbed the waiting for me. No work could be “I’m not here to work, Stella. I stairs and walked across the hall done on that moving day. Nothing just wanted to be in the old court- to the Probate Court. The place could be searched or researched. house on the last day.” was even more torn apart than As the movers swarmed by me, I She shook her head at me, then the clerk’s haunt. Not only were took a step back from the singular slipped off the reading glasses and the books in huge stacks and the monument and studied it for the let them hang on a silver chain furniture and machines in a heap, first time. around her neck. “Why do you come but the very counters and book- At ground level was a square here every day, anyway, Noble? No cases had been ripped clean off granite block, maybe four feet high. one else does anymore. It’s all on the walls to which they had been Positioned atop that foundation was the Internet. You can search a title attached. It looked as if a tor- a stone structure that was too squat at home in your pajamas.” nado had torn through the place, to be an obelisk, yet too thin to be a “I don’t wear pajamas.” upending the world. pyramid. It was some kind of gran- “Spare me the details,” she “Anybody here?” I hollered. No ite hybrid obelisk-pyramid with laughed. answer. “Marie, are you hidden trapezoidal sides. This was capped “You know how this business under a pile of minute books?” by a small true pyramid. The struc- is,” I said. “During boom times No answer. ture rose to twice my height. the record room is filled with the I gingerly picked my way through There was an inscription on the kind of people who come from out the rubble. Skirting around an base. It read: To the memory of of nowhere. In bust times they go unsteady stack of chairs, I came to a the brave members of the compa- right back there.” counter that was about half peeled ny of mounted volunteers, Ensign “Not anymore, Noble.” She off the wall. Jammed between the Jasper Adams, Sergeant Asa Wade, stacked two more books onto an shorn counter and the wall, I spied Privates Adam Cain, James Vance, already unsteady, five-foot-high an old leather volume. It looked as if RW Eaves, David Tanner, Isaac pile. “You’re the last of the dino- it had been wedged there since the and EG Lafon, brothers, who, saurs, searching a title at the court- counter had been cobbled together; under the command of Captain house. Don’t you know it can be decades, maybe longer. Avoiding Thomas O’Shay, were slain in bat- done from Bangalore?” the protruding rusty nails, I gin- tle with a party of Creek Indians “What do you know about gerly slipped the volume out of its at Shepherd’s in Stewart County, Bangalore? Since when are you place of concealment. Georgia, on June 9, 1836. such an authority on all things It was a thin black book with a Was I standing in a graveyard? Internet?” red binding. The cover was hang- Were the eight men buried there “I’m on Facebook, Noble. You ing on by two hairs. Embossed on on that spot? Then again, no, the should friend me. Then you could the front in gold were the words monument was not a gravestone. enjoy the pictures of my grandba- Pension Record. It was a memorial. Surely, they bies that I post every day.” I rested it on the teetering counter were elsewhere. Most likely they “Sounds like I’m missing out.” and flipped it open. The pages were were interred where the skir- She frowned at me. “Have you yellow ledger leaves with rows and mish occurred, at Shepherd’s, in been to the new courthouse?” columns. The columns were labeled Stewart County. she said. Name, Company, Regiment, Time I shrugged and walked into the I shook my head. of Enlistment, When and Where courthouse. I took the stairs to “Actually, it’s not a courthouse.” Discharged and then a series of the basement. “No?” years from 1867 through 1917.

34 Georgia Bar Journal The rows were filled in with blue I unfolded it. It was some kind was made of armor plate. Presently ink. Page after page of entries. The of a hand drawn map. Chennault he was the distinguished occupant first column listed the pension- Crossroads was written in the cen- of the Senator Richard B. Russell ers alphabetically from Abner to ter. The map showed that at a dis- Endowed Chair in History at the Webb. Next, the companies and tance of 40, I assumed miles, from university. His lectures were well regiments were shown as Company the crossroads, following a fairly attended. His presentations were A 19th Ga or Company C Cobb’s straight line, curving only slightly, laser-like. His voice was rusty Legion or Company B 16th Ga or 9 was located a series of triangles. shrapnel. He knew more history Ga Artillery. Most entries showed Near to the triangles were two than any man this side of Toynbee. enlistments in 1861 or 1862. The irregular lines sketched in blue, He knew more Georgia history entry for discharge for nearly all possibly creeks or rivers, which than any man. Period. said simply Close War. Under each nearly intersected. That was the I was certain that I would find year was the handwritten sum of totality of the map. the Professor in his office and I did. the pension. Sixty dollars. For each “Anyone here?” I hollered. He sat behind a desk chaotic with man. For each year. Sixty dollars. No one answered. books and papers. He was dressed, Or if the numbers stopped, the I placed the rescued pension as always, in his Harris-tweed jack- word DIED was inscribed. record on top of a tottering stack et and a black bowtie. His hair was As I flipped through the book, of books. I silently slipped the map uncombed. He needed a shave. several loose pages tumbled out. into my pocket. I left the old court- “Noble,” he rasped, upon glanc- I snatched up the fallen leaves. house for the last time. ing up from his papers and seeing Typed at the top of the first sheet, v v v v v me enter his habitat. Then wast- I read, Registration of Old Soldiers I had no clue as to the map’s ing no words on salutations, he Reunion held on this twenty-third meaning, but I had access to some- demanded, “What have you got day of August 1917. On three pages one supremely capable of unlock- for me?” were the handwritten names of 33 ing the mystery. The man I had in “What makes you think I have souls from our county who had mind was Karl Oliver Smith. The anything?” survived to attend a reunion of Professor, as I called him, came “Oh, you’ve got something. You War Between the States veterans from a long, illustrious line. One always have something. Now, held during the First World War. of his forebears had been a South what is it?” I reinserted the reunion papers Carolina colonial governor. Before I unfolded the map and laid it into the Pension Record book. Still being kicked out of the Citadel, out on his cluttered desk. alone in the topsy-turvy Probate for reasons he never disclosed, the “They’re tearing apart the old Court, I continued to thumb Professor had earned the sobri- courthouse,” I explained. “This was through the venerable volume. quet K.O. (which were also his in a Civil War pension book. The Then another page literally leapt initials) after knocking out seven book was jammed between a shelf out of the timeworn book and into consecutive opponents in inter- and the wall. Probably been hidden my hand. It was a folded sheet. collegiate boxing competitions. He there for nearly a hundred years.” Partners in Change

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June 2016 35 He squinted at the document. “How much would that be in ing with those few officials still Then he produced a magnifying today’s money?” I asked. hanging around. Then, in the morn- glass and subjected the paper to “Maybe $10 million. The value of ing, barely noticed, he slipped out a Sherlock-like examination. Next, the Richmond banks’ assets, put on of town, ending the last semblance he brought his nose right down to the train for safe keeping, totaled of Confederate governance. the instrument and studied it for another $10 million in silver and “The wagon train continued some time. gold coin. The banks’ coins were towards Washington and arrived “The trail begins at Chennault packed into socks at the rate of at Chennault Crossroads in Crossroads,” he said. “What does $5,000 each. The socks were depos- Lincoln County with the treasure Chennault Crossroads mean to ited in wooden kegs. The kegs were just after sundown.” you, Noble?” then sealed. “Chennault Crossroads! The map.” “Nothing,” I said. “Where is “And there was more,” he went “Calm down, Noble. Listen. The Chennault?” on, “including a chest of jewelry wagon train, at this point, after sev- “Where indeed.” His eyes lit up contributed by southern women eral minor robberies and a mutiny like candles. “And where does the for the purchase of an ironclad or two, consisted of five wagons road from Chennault lead? The warship. That coffer was crammed loaded with the loot. About a map is clear. It goes a certain dis- full of not only gold and silver, but dozen men remained. They made tance and ends close by the place diamonds and other gemstones. camp near the home of Dionysius where two rivers join near a series There were other boxes loaded Chennault, a Methodist minister of triangles. Do you know where with the contents of the banks’ and plantation owner. Horses were the rivers meet? Do you know safety deposit boxes. There was unhitched. A meal was prepared. where the triangles are?” a chest containing the gold and The men lay down for the night. He didn’t wait for my negative silver floor sweepings from the “Near midnight, raiders on response to his rhetorical inquires. Dahlonega mint. horseback, maybe 20 men charged He snatched a book from a nearby “Barely ahead of the Yankee cav- the camp. With guns blazing, the shelf. Then he flipped the volume alry, who were in hot pursuit,” con- robbers simply and swiftly took open to a page containing a detailed tinued the Professor, “the treasure the treasure. The kegs of gold and map of Georgia. Retrieving a ruler train raced south out of Richmond. silver coins, the chests of gold and from the clutter on his desk, he It crossed the state line into North silver bars, and the other treasures made some measurements on the Carolina and arrived in Greensboro. were in an instant spirited away.” Georgia map. Here the tracks ended. The Yankees “Who were they?” I asked. “The Satisfied with his calculations, the had torn up the railroad.” raiders. Who were they?” Professor leaned back in his chair. “End of the line,” I said. “Don’t know,” said the Professor, “On Saturday, April 1, 1865,” “Yes, Noble, it was the end of grinning a sly grin. “Could have he said, “General Robert E. Lee the line. The treasure had to be been renegade members of Jeff reluctantly decided to abandon his offloaded from the train. It was put Davis’ guard. They knew the defense of Richmond. Do you know onto horse-drawn wagons. As the game was up. Why let the Yankees what it meant, Noble, to discontin- caravan laboriously moved south- take the loot? Might have been ue the defense of Richmond?” west, one by one, the Confederate an unofficial advance visit from “Yes,” I offered. “The capital of cabinet officers and the other high the Massachusetts Yankees who the Confederacy would fall.” officials slipped quietly away, try- stormed up to the Chennault place “Precisely. In a rather under- ing to melt into the countryside the next day. Perhaps they showed stated message, Lee telegraphed and to avoid capture by the Union up just a little bit early and took Confederate President Jeff Davis troops breathing down their necks. the stuff. Why not? Possibly it was ‘I advise that all preparations Bereft of nearly all of the govern- folks from the neighborhood. It be made for leaving Richmond ment dignitaries, the treasure train was no secret that the treasure was tonight.’ That very last train out of crossed into South Carolina. Next at the Chennault plantation. Richmond carried much more than stop was the Savannah River. On “In any event, the Yankee troops just Davis and the dolorous rem- the other side was Georgia.” arrived in the morning looking for nants of the fleeing Confederate “Where on the river?” the gold. Unfortunately for them, government. On board, Noble, was “They crossed on a pontoon they were a few hours late. the Confederate treasury. And in bridge just south of Lisbon. They “The newly minted conquerors addition to the treasury, the train went into camp about three miles roughly interrogated the Chennault carried the considerable assets of from the river, near the first house family as well as the other locals— six Richmond banks. The treasury on the Old Washington Road. both white and black. A few of the contained gold and silver coin and “Jefferson Davis arrived in freed slaves had retrieved a couple gold and silver bars worth more Washington, Georgia, ahead of the of coins that had fallen into the dirt than $500,000.” treasure train. He held a last meet- during the robbery. The Yankees,

36 Georgia Bar Journal using considerably more violence feet from beak to tail feather and “That is possible. It is also unlike- than was necessary, confiscated with another hundred feet of wing ly. It is more likely that the mound these few coins from the hands of span. A gigantic mound formed did not exist before 1865. Then, the browbeaten freedmen. As to into the shape of a flying hawk ris- Noble, the raiders, after leaving the interrogations, they revealed ing 10 or 15 feet out of the earth. Chennault Crossroads, brought the nothing. Nobody, it seemed, had Composed of thousands of milky Confederate treasure here. They any information.” quartz rocks, in the bright moon- buried it here. On top of the trea- “And the treasure?” light it had more the appearance of sure, they created a new mound “The treasure, the gold and sil- polished stainless steel. and covered it with quartz rocks to ver, the multi-million dollar horde “What is it?” I said. match the nearby effigy. That way of the Confederate treasury and “It’s a New World Stonehenge they could easily identify the loca- the Virginia banks, has never and easily of the same vintage,” tion when they returned. The ruse been found. the Professor said. “It was created also acted as camouflage. Others, “Now grab your hat, Noble.” by the Swift Creek people as a site they reasoned, thinking that the “I don’t have a hat,” I said. for their sacred rites and used by triangle mound was a part of the “We’re going to Rock Hawk.” them for that purpose for several larger Indian holy site, would not “What and where is Rock Hawk?” thousand years. disturb it. In fact the mound, as we “No time for that now. You “The distance on the treasure see, is untouched. The raiders never drive, Noble.” map matches the distance from the returned. They never reclaimed v v v v v Chennault place to here,” he said. the treasure. The quartz triangle We paused at a hardware store “What about the confluence of mound built in 1865 remains just to acquire a few supplies. We chose the rivers shown on the map?” as when it was created. The gold, a couple of round-point digging “The Oconee River and the Noble, is beneath our feet.” shovels. I added a pickax. Then I Apalachee River meet not far away.” I handed a shovel to the grabbed a flashlight and a handful “I don’t think so,” I said. “They Professor. He didn’t take it. of batteries. don’t converge.” “There are two kinds of peo- “We’ll take these, too,” the “The entire river system has been ple in this world, Noble,” he said. Professor said, showing the cashier dammed up and altered, Noble. “Those who can interpret maps, three sticks of beef jerky. Lake Oconee and Lake Sinclair and those who dig. You dig.” The Professor claimed he had no have been created. It wasn’t that And dig I did, hour after sweaty cash on him, so I paid. way in 1865. The rivers joined. And hour. I moved the quartz rocks I tossed the tools into the back of not far away.” forming the triangle mound and my pickup. The Professor pointed I conceded that point, but raised dug a six-foot-deep hole. I dug out the road to take. I motored another. “The map shows a series of another pit to the north. At some south at a pretty good clip, but triangles. I see a giant flying bird.” point, the Professor threw off his not so swiftly as to be tagged. “Step over here,” the Professor tweed jacket and joined in. We dug The Professor didn’t say much. He said walking southwesterly for another shaft to the south. Then we stared straight through the wind- about 50 paces. returned to the original crater and shield and gnawed his beef jerky. He stopped at a small mound made it deeper and wider. It was after dark when we composed of the same milky quartz Besides red Georgia clay, the crossed into Putnam County and rocks, only this one was in the only thing we unearthed was yel- then arrived at the entrance to Rock shape of four triangles. He grinned. low Georgia clay. Hawk Park. The gate was closed. “The Confederate treasure is here. “It’s not here,” I said, exhaust- “We’re too late,” I said. “It’s Right here. Under this mound,” he ed. I wiped my face for the thou- closed for the night.” declared with absolute certainty. sandth time on my shirt sleeve. Wordlessly, the Professor turned “I’m not tearing up a 2,000-year- “It’s just not here. Nothing is here. toward me. His eyes chewed me old sacred site,” I protested. Nothing.” up and spit me out. I took his He shook his head. “The tri- The Professor stood in a chest meaning. I backed up a dozen car angles, Noble, are not a part of the deep hole. His white tuft was mat- lengths. I floored it and smashed Indian mound. The white men who ted with sweat. through the bolted gate. discovered Rock Hawk in 1820 “We’d better hit the road, “Park over there,” he said. make no mention of the triangle Noble,” he said. “The sun is about I pulled into the empty parking mound. That’s because the trian- to come up. The rangers will be lot. Shovels and pickax over my gles were not here in 1820. The first here soon. It’s surely a crime to shoulder, I followed the Professor. time the quartz triangle mound is bust through a locked park gate.” After hiking a short distance, we mentioned is after 1865.” “Surely,” I said. arrived at the effigy. It was a mas- “Maybe the smaller mound was “Definitely against the law to sive sculpture. Easily a hundred simply overlooked at first.” excavate state land.”

June 2016 37 for the plastic basket to spontane- ously leap from the rollers onto the conveyor belt. Obeying the laws of physics, the basket refused to make the jump. “Put the basket on the conveyor belt,” the deputy urged. The man stared dumbfounded at the deputy. The deputy reached around and tossed the basket onto the belt, which sent it through the x-ray machine. The man pro- ceeded through the arch of the metal detector. The next person in line was a young lady with more piercings than a pin cushion. The metal detector was quite displeased with her. It beeped, chirped and honked loudly. A deputy then checked her out by running a wand over and around her. The wand made a series of wild noises, but they let her in anyway. The next lady spoke no English. She refused to surrender a gigantic shoulder bag to x-ray examination. Her daughter, after several intense paragraphs of explanation, expli- cation and pleading in some east- “I would think so.” The old courthouse had no ern European tongue, persuaded “Probably a federal rap under security. No one inspected or scru- the woman to place the mammoth the Antiquities Act to destroy an tinized an entrant. Now, in the handbag on the conveyor. ancient Indian effigy mound.” new environs, security awaited. In I was next. “You said the triangles weren’t front of me was a metal-detecting “Everything out of your pock- part of the effigy.” arch. Adjacent to that device was ets,” said the deputy with the “I have a feeling you don’t a conveyor belt going in one end unfriendly voice. want to explain that theory to the and out the other of some kind of I put my wallet, my cell phone, a authorities.” x-ray machine. comb, a pen, my truck keys, a quar- “True, besides, I’ve got nobody Four people were ahead of me. I ter and two dimes into a plastic bas- to post my bail,” I said. stood restlessly in the line. ket. I put the basket on the conveyor. Then, without further discourse, “Everything out of your pock- I slapped a file folder containing my we grabbed our shovels and vacat- ets,” a deputy sheriff intoned in an work on the conveyor belt as well. ed the scene. unfriendly voice. It all disappeared through flaps into v v v v v The first person in line stood the heart of the x-ray. Monday morning. I dragged there motionless. He was a bald I walked through the metal myself to the new courthouse, or man with a reddish mustache. The detecting frame. It beeped. more accurately the Justice and sleeves on his jacket were too long. “It’s your belt,” a different dep- Administration Building. The Jay He was 35, but looked 45. uty, in an even less friendly into- Bee. The Law Mall. “Everything out of your pock- nation, said. I pulled my pickup into the ets,” the deputy repeated. I took off the belt and sent it into expansive parking lot, which was The bald man emptied the con- the x-ray. I walked through the easily the size of 10 football fields. tents of his pockets into a plastic detecting frame. It beeped. I hiked across the blacktop to basket that he placed on a platform “Take off your watch,” the sec- the four-story glass and concrete made of steel rollers leading to the ond deputy demanded. edifice. After traversing several conveyor belt. He then assumed a I set my watch on the conveyor. layers of doors I arrived in the position blocking anyone behind I gingerly went through the frame. cavernous lobby. from proceeding, while he waited No beep. Like an ancient traveler

38 Georgia Bar Journal solving the sphinx’s riddle, I had Rock Hawk as well as the location ing an 80-year-old grandmother met the challenge. I could enter of the convergence of the rivers with a walker concerning a nail the building. was all consistent with the depic- clipper that x-ray had revealed On its journey through the x-ray, tion on the treasure map. I fiddled was concealed in her purse. I exit- the basket containing my posses- with the map. I turned it 90 degrees ed the building. sions had capsized. I retrieved clockwise. Then another 90. Then I called the Professor. I told him most of the scattered items. I never another quarter turn. Then back to when and where to meet me. saw the 45 cents again. its original orientation. v v v v v Following overhead informa- “Have you got a map of It was midnight. The same time tional signs, I made my way to the Georgia?” I hollered to Stella. and exactly 150 years to the day real estate record room. The most “No,” she said. “There might be since the raiders had spirited the glaring and astounding feature of one in the law library.” Confederate treasure away from this modern, state-of-the-art, high- “Where is that?” Chennault Crossroads. I was on tech research facility was that it “On the second floor.” the old courthouse square next to contained not a single book. Not I retraced my steps back to the the monument honoring the eight one. Instead of housing indexes and four-story high foyer. I took a militiamen who had perished in deed books, the room consisted of smooth escalator ride to the second the fight with the Creek Indians at 20 cubicles, each with a computer floor. The law library was to the left. Shepherd’s. It was two days off a screen, a mouse and a keyboard. The law library was neither state- full moon. There was haze in the “You said you would be up and of-the-art nor high-tech. It was air and mist near the ground. running this morning,” I said in my chock full of books. There were 294 I was wearing an orange vest and best accusatory tone to Stella. issues of the Georgia Reports bound a white hard hat. The hard hat had “Hello to you, too, Noble. Nice in tan with red trim. There were a decal on the front reading Walton to see you. We are up and run- 328 editions of the green trimmed EMC. Leaning against the monu- ning. Running at full speed. Just Georgia Appeals Reports. There ment I had placed a flat-end shovel as promised.” were two complete sets of the black and the two round-point shovels. “There are no indexes. There are bound Georgia code, thousands of The Professor parked his car at no deed books.” volumes of the Federal Reports and the curb and came strolling up. Stella eyed me condescending- hundreds of law review books. “Are you auditioning for the ly over her reading glasses. “I’ve The librarian was a brunette in Village People?” he said, apprais- been telling you for years now the second half of her thirties with ing my hard hat and vest. Noble, that you don’t need any of long straight hair and ice blue eyes. I said nothing. that old stuff. All the information She sat behind an oak veneer desk. “What’s with the getup?” has been entered into the database. “Do you have a Georgia map?” “In case we are asked why the All of the deeds, back to 1871, have I asked. courthouse lawn is being dug up been scanned.” She looked me over and decided in the middle of the night, we say “But, where are the actual books that neither I nor my query mer- there’s an electrical problem.” located?” ited a verbal answer. She pointed “Won’t the over-curious inquisi- “Off-site. In storage. If you ever with a red painted fingernail to an tor wonder why we have no find a problem with the data or the alcove jammed with varied and utility truck?” image, you can order the book. I assorted volumes. “We’ll tell them that the boss can have it here in two days. This I thanked her. I pulled down went for coffee.” is the new reality, Noble. You’re a Georgia atlas and sat at a table. I jammed a hard hat onto welcome to use one of our work I flipped to a page showing the the Professor’s head. He looked stations. Or if you prefer, you can physical features of the central part ridiculous. work from your office or your of the state. I pulled the folded “You should lose the tweed jack- home. It’s all the same.” treasure map from my pocket and et,” I suggested. “I don’t like it,” I protested. spread it out. Nothing looked right. He shed the jacket and tossed She looked at me with about as I reoriented the treasure map. I it aside. much compassion as a chain gang experimented with various align- “And the bowtie.” guard has for his charges. ments. I measured the distances in He slipped it off. He put on the I did as I was told. I sat at a station. the atlas. orange vest. I clicked with the mouse. I typed in I pulled out my cell phone to “So, Noble, what have you got?” names and numbers. My mind was call the Professor. Then I thought he said. elsewhere. I took the treasure map better about disturbing the fune- “This location is the same dis- out of my pocket. What was wrong real silence of the library. I left the tance from Chennault Crossroads with the Professor’s reasoning? room and glided down the escala- as Rock Hawk, but going northwest The distance from Chennault’s to tor. The deputies were interrogat- instead of southwest. Rotate the

June 2016 39 map one quarter turn clockwise. overrun by speculators, scoundrels, of the burning town and attacked This, Professor, is the place. This rascals and rogues. The Creeks, as them from the other. is the spot where the Confederate you would say, Noble, had perfect “The Creeks, using the same treasure is buried.” title to this land.” tactic as Joshua, went in front of “Where are the two rivers shown “No one would say that.” Shepherd’s and fired a few shots in on the map as converging?” the “What then?” an attempt to lure the militia out of Professor said, skeptically. “Marketable title.” the fortified camp. O’Shay obliged “The headwaters of both the “Have it your way. Marketable them. He left camp and pursued Alcovy River and the Yellow title. This didn’t stop the rapscal- the Indians. A short distance away, River are close at hand. They both lions from taking it. Homesteads, the main body of Creeks fell on the flow south from here and after farms, even whole towns were militia’s front and rear with dev- about 60 miles converge to form erected on Creek land. Finally a astating effect. As the fight raged, the Ocmulgee. But, the important few bands of Creeks had more reinforcements arrived, which point is that the map, if looked at than they could take. They raided a saved the militia from total destruc- correctly, shows the rivers diverg- couple of farms. They even torched tion. Still 22 militiamen were killed, ing not converging. Rivers, either the town of Roanoke and burned it including the eight named on the coming together or going apart, to the ground. monument here. End of story.” would look the same on the map.” “The Georgia militia was called “Not quite,” I said. “What hap- “Point taken, but where are the out. They bivouacked at Shepherd’s pened to the Creeks?” triangles?” he queried. Plantation in Stewart County. They “The fight at Shepherd’s was I shined my flashlight at the apex bunked in the slave quarters and their last stand. All of the Creek of the monument. “There you have other outbuildings. Captain O’Shay, land was taken. Every last man, it, Professor. One, two, three, four violating sensible military tactics, woman and child, grandmother triangles. Forming a pyramid. Four divided his force several times over. and infant was rounded up and triangles. Equilateral even.” He dispatched troops to a nearby slapped in chains and shackles. “What is this monument?” fort to obtain supplies. Other men Under armed guard they were bru- I illuminated the inscription. He he sent out to scout. Still others he tally marched to Oklahoma.” read silently about the militia led sent away on routine, mundane and We were silent for a long minute by Captain O’Shay, the skirmish unnecessary tasks. When the Creeks as the mist swirled around the base with the Creeks at Shepard’s and observed the militia sufficiently scat- of the monument. the deaths of the eight men in battle. tered and weakened by O’Shay’s ill- The spell was sharply broken, as “A monument to O’Shay is a thought-out actions, they made their if by the crack of a bullwhip. complete travesty,” the Professor move. They used the oldest trick in “I accept your hypothesis, Noble,” said spitting out the words. the book. The tactic was so ancient the Professor growled. “The trea- “You seem to be familiar with that it had been employed by Joshua sure is here. The monument marks the incident,” I said. at the Battle of Ai.” the spot. The gold is right beneath “It was O’Shay’s poor soldiering “Joshua who?” our feet.” He grabbed a shovel and that cost the militiamen their lives. “Didn’t you ever go to Sunday handed it to me. “Start digging.” He doesn’t deserve a monument.” school, Noble? After the Battle of “There are two kinds of people “The engraving,” I pointed out, Jericho, Joshua fought the Battle in this world, Professor,” I said, “does not say that the monument of Ai. He hid his main force to the “Those who can interpret maps honors O’Shay. It is dedicated to west of the walled city. Then, with and those who dig. You dig.” the memory of the dead men that a small band, he went before the Before I could hand the shovel he led.” town and made moves suggesting back to him, a black and white city The Professor ignored my clari- that he was about to attack. Seeing police car pulled to the curb. The fication. “Twenty years before the this, the men of the city went out to cop leaned out of the window and skirmish at Shepherd’s Plantation, fight. Joshua fled as if beaten. The motioned for us to approach. the Creek Nation was coerced into men of Ai pursued him and were “Let me handle this,” I said. Still giving up more than 20 million led away from their city. holding the shovel, I walked to the acres of land in Georgia. Ten years “At the prescribed moment, patrol car. after that, an additional 40 million Joshua’s main army rose from its “What’s going on?” the cop said. acres was forcibly taken from them. hiding place, entered the unde- He was a pale, fresh-faced kid The Creeks, to their eternal mis- fended city, took it and set it on maybe 25 with buzz cut hair and fortune, had encountered a land- fire. When the men of Ai saw the fuzz on his chin trying to be a goa- hungry slice of humanity whose smoke rising from their citadel, it tee. He was chewing gum. hunger could not be sated. was too late. Joshua turned around I pointed to the Walton EMC “What land the Creeks by trea- and attacked them from one side, decal on my hard hat. “Electrical ty retained was then invaded and while his main force stormed out problem,” I said.

40 Georgia Bar Journal “What kind of problem?” “All those movers here the last N D L few days. Closing down the court- Norwitch Document Laboratory house. They tripped over a ground Forgeries - Handwriting - Alterations - Typewriting wire. Grounding the transformer.” Ink Exams - Medical Record Examinations - “Xerox” Forgeries I pointed to the cylindrical transformer perched on the power pole. F. Harley Norwitch - Government Examiner, Retired “Pulled the ground clear out. The Court Qualified Scientist - 35+ years. Expert testimony given in transformer could blow.” It sound- excess of five hundred times including Federal and Offshore ed so plausible, I almost believed it myself. 1 Offices in West Palm Beach and Augusta “Couldn’t wait until morning?” www.QuestionedDocuments.com “I just do what I’m told.” Telephone: (561) 333-7804 Facsimile: (561) 795-3692 “Where’s your truck?” “Boss went to get coffee. At the “Probably just O’Shay’s bloody the curb onto the street and flee- Waffle House. He’ll be back in coffin,” he said. ing the scene faster than thought a minute.” “I don’t think so.” or time. “My brother-in-law has the con- I dove face down into the hole. I v v v v v tract to restore the old courthouse,” clawed the dirt off the wood. I received a letter from the the cop said, apparently not want- “It’s round,” I said. Professor today. It was from the ing to conclude our chat. “Like a barrel top?” Forbidden City in Beijing. He “Yeah?” I didn’t answer. I grabbed the writes that he’s taking a week “Yeah. He’s a contractor. Says shovel from the Professor’s hands. off from his extended sabbatical he’s going to make it look the I smashed it into the wood. It in Tahiti. He’s become a regular way it did a hundred years ago. gave way easily. I reached inside. Gauguin. Taken up oil painting. Going to sandblast it. Strip off all I pulled out a sock. As I drew it Even has a Polynesian girlfriend. the stucco and whitewash. Take it out of the barrel, the rotted toe While he is away, the Professor back down to the bricks. Pull out dissolved. Gold coins spilled from is having a house built on Lake all of the drop ceilings. Tear out my hands. Burton. The place is nearly com- the carpet. Refinish the hardwood I placed my upended hard hat plete. It’s 7,000 square feet and has floors. He’s even going to fix the on the ground. I reached back into eight bathrooms. There is also a clock tower. It’s said three o’clock the keg and pulled out a double matching two-story boathouse. for years.” handful of gold coins. I dumped As for me, I’ve been trying to not “At least it’s right twice a day.” the loot into the hat. Mesmerized, call attention to myself. To keep a “How do you figure?” I scooped up handful after hand- low profile. To fly under the radar. “It’s not important. I should get ful. I continued until the hat To keep my head down. to work. The transformer and all.” disappeared under a mountain Maybe next year I’ll join the I took two tentative steps. He of gold. Professor on a Post-Impressionist didn’t stop me, so I kept walking. “Snap out of it, Noble,” the South Sea trip. Possibly, I’ll buy The cop drove away. Professor growled. that lot next to his on the lake. I I grabbed the flat-end shovel and I swung around. He had uncov- hear it’s for sale. sliced a line across the grass. Then I ered another keg, two chests, a Today, I’ve got a land title to peeled back and rolled up the turf. trunk and a couple of strong boxes. search, so I’ll be heading over to I handed a round-end shovel to “Pull your truck up here,” he the new courthouse. the Professor and took hold of the said, motioning to a spot. “Let’s Tomorrow? We’ll see. other one myself. load this stuff up and get out of “I thought you said that you here. Now.” Mark Roy Henowitz interpret maps and I dig,” he said. I flew to my truck, bumped it graduated from the “No time for that now. Let’s find up over the curb, backed up to the University of Florida the gold and get out of here. That hole and flipped down the tailgate. with Phi Beta Kappa cop will be back. He’s lonely.” We loaded up the barrels, the honors. He received his We dug furiously, hurling and trunk, the chests, the strong boxes law degree from tossing dirt all around. Then I heard and the hard hat full of gold. Columbia Southern. With more than it. A thud. The Professor’s shovel “That’s all of it,” the Professor had hit something other than dirt. said. “Or at least enough of it. 30 years of experience, he specializes “I’ve hit something. Wood, I Let’s book.” in the area of real property title law. think,” he said. I needed no urging. I floored it, He may be reached at mhenowitz@ “The treasure,” I said. tearing up the grass, skidding over comcast.net.

June 2016 41 Bench & Bar

Kudos jurisdiction, and represents a group of peer-selected > Morris, Manning & Martin, LLP, received the attorneys, judges, law school faculty and legal schol- Law Firm of the Year Award from the Pro Bono ars who have demonstrated outstanding leadership Partnership of Atlanta (PBPA) at an awards recep- in the profession and service to society. tion in March. PBPA is an organization that matches Senior counsel Michael H. Trotter was honored volunteer lawyers with local nonprofits in need with a proclamation from the City of Atlanta dur- of free legal counsel. The organization honored ing the March 21 Atlanta City Council meeting for Morris, Manning & Martin, LLP, for its outstand- his significant contributions to the local community. ing work on the many legal matters PBPA matched Counsel David Hricik was named as a member with the firm’s volunteers. of the American Law Institute, an organization whose members include prominent judges, lawyers > The Burgoon Law Firm, LLC, and law professors from across the country, that announced that Brian D. Burgoon was works to clarify, modernize and improve the law. elected 2016-17 vice president of the Attorneys Eric S. Fisher and Alison M. Ballard University of Florida Alumni were honored by the Georgia Appleseed Center Association, a network of nearly 100 for Law and Justice with the 2016 Good Apple Gator Clubs® in Florida, across the Award in recognition of their pro bono efforts in United States and internationally. facilitating the Student Tribunal Project/Foster Child Representation. The program assesses the > Hall Booth Smith, P.C., announced that fairness of the administrative hearing (tribu- partner Melanie Slaton was selected to nal) used when students and their parents seek be in the Litigation Counsel of America review of proposed school discipline involving due to her professional excellence and out of school suspensions of greater than 10 days. integrity along with her commitment to Fisher was also named an associate fellow in the diversity. The purpose of the society is Litigation Counsel of America. to recognize deserving, experienced and highly qualified lawyers. > Jackson Lewis P.C. announced that principal Roz Hall was elected to the > Macon attorney Christopher N. Smith Anti-Defamation League’s Southeast was appointed a Knight of the Order of Region Board of Directors. The Anti- Dannebrog by Her Majesty The Queen, Defamation League is the nation’s pre- Margrethe II of Denmark in recogni- mier civil rights/human relations agen- tion for his valuable services as Consul cy, striving to fight all forms of bigotry and defend of Denmark in Georgia. democratic ideals. > > Kilpatrick Townsend & Stockton announced that partner Adria Perez was selected as a member of the 2016 Class of Fellows to participate in the landmark program created by the Leadership Council on Legal Diversity English Hoard Trotter Hricik to identify, train and advance the next generation of Taylor English Duma leaders in the legal profession. LLP announced that found- ing partner Joseph M. > Leadership Georgia announced the English joined Kennesaw election of Joy Lampley-Fortson, U.S. State University (KSU) Department of Homeland Security, as Entrepreneurship Center’s the 2016 president of the Leadership Fisher Ballard Executive Advisory Coun- Georgia Board of Trustees. Leadership cil, a senior-level task force established for the pur- Georgia stands as one of the nation’s pose of promoting and advancing the KSU oldest leadership training programs for young busi- Entrepreneurship Center. ness, civic and community leaders who have the Partner Vivian D. Hoard was elected to the Fellows desire and potential to work together to create a of the American Bar Foundation. This honor is lim- better Georgia. ited to one percent of the legal profession in each

42 Georgia Bar Journal Bench & Bar

> HunterMaclean announced that part- Lasseter, Seth M. Bloomfield and David E. ner Mills Fleming was honored by Weinstein as associates. Fleming represents major the State Bar of Georgia and the commercial banks and other lenders in a variety of Chief Justice’s Commission on single-asset and multi-asset credit facilities, CMBS, Professionalism with the Justice mezzanine and other structured debt arrangements. Robert Benham Award for Community Burch practices in all areas of real estate capital Service. The award recognizes judges and lawyers markets and development. Dev-Sidhu focuses her from the 10 judicial districts across Georgia who practice on loan originations, assumptions and have made outstanding contributions in the area of complex debt restructurings, with an emphasis on community service. CMBS loans and subordinated debt structures. Lasseter focuses her practice on representing lend- > Smith Moore Leatherwood announced ing institutions in a variety of finance transactions, that partner Barry Herrin received the including agented credit facilities, acquisition Robert E. Burt Boy Scout Volunteer financings and note offerings in various industries. Award from the National Society, Sons Bloomfield focuses his practice in the areas of real of the American Revolution (SAR). estate capital markets and commercial finance. The Burt Award honors members of Weinstein focuses on real estate with a concentra- SAR who act as role models and provide outstand- tion in commercial development, zoning, land use ing and continuing dedicated service to the youth and leasing. The firm is located at 201 17th St. NW, involved in the Boy Scouts of America. Suite 1700, Atlanta, GA 30363; 404-322-6000; Fax 404-322-6050; www.nelsonmullins.com. > Morris A. Nunes, of counsel to The Silverbach Group of Kennesaw, > Lewis Brisbois Bisgaard and Smith LLP announced announced the publication of his sixth the addition of Kelly Eisenlohr-Moul as partner. book (co-authored with Andrew Eisenlohr-Moul’s practice focuses on the defense of Pressman), “Designing Profits,” a guide management clients in employment-related litiga- to business management for architects, tion. The firm is located at 1180 Peachtree St. NE, engineers and other design professionals, in line Suite 2900, Atlanta, GA 30309; 404-348-8585; Fax with his practice of counseling private-held busi- 404-467-8845; www.lewisbrisbois.com. nesses, professional practices and nonprofits. > Carlton Fields announced the addition > Miller & Martin PLLC announced that the Italian of David W. Adams as of counsel. Republic named attorney Ryan Kurtz Honorary Adams represents national, regional Consul General of Italy in Atlanta. The purpose and community banks in a host of regu- of the office is to develop economic, commercial, latory and financial matters. The firm is scientific and cultural relations between Italy and located at 1201 W. Peachtree St. NW, Atlanta and to safeguard the interests of Italy and its Suite 3000, Atlanta, GA 30309; 404-815-3400; Fax citizens traveling or residing in the consular district. 404-815-3415; www.carltonfields.com. On the Move > Hooper & Honoré, LLC, announced the In Atlanta addition of N. Casey Brewton as an > associate. Brewton’s practice focuses on criminal defense and civil litigation. The firm is located at 887 W. Marietta St. NW, Suite S107, Atlanta, GA 30318; Fax 800- 684-0564; 404-480-8304; www.hooperhonore.com.

Fleming Burch Dev-Sidhu Lasseter > Seyfarth Shaw LLP announced the addition of Nelson Mullins Riley John L. Telford Jr., John A. “Jack” Lambremont & Scarborough LLP and Tom Schramkowski as partners, Kyllan announced the addition of Kershaw as a senior associate and Kaitlyn Rusty A. Fleming and Whiteside as an associate. Telford represents David J. Burch as partners, employers in traditional labor union-related mat- as ters, including collective bargaining, labor arbi- Bloomfield Weinstein Meena Dev-Sidhu of counsel, and Jenna L. trations, election campaigns, proceedings before

June 2016 43 Bench & Bar

the NLRB and matters governed by the Railway eral liability, medical malpractice and commercial Labor Act. Lambremont focuses his practice on litigation. Wheeler practices in the firm’s health care labor relations and collective bargaining under the and commercial litigation groups. Ward focuses on National Labor Relations Act. Schramkowski rep- civil litigation defense including general liability, resents private and public businesses in corporate medical malpractice and commercial litigation. Bell matters across a wide range of industries such as practices in the firm’s general liability and health agriculture, technology, manufacturing, energy, care litigation groups. Baker’s practice focuses on real estate, entertainment and hospitality, among worker’s compensation practice. Bennett’s litigation others. Kershaw and Whiteside both focus their practice is concentrated in general liability, premises practice primarily on representing management in liability and health care litigation. Mack’s practice labor relations matters arising under the National focuses primarily in the areas of construction Labor Relations Act, addressing positive employ- litigation and general liability defense. The firm ment and union-related issues such as collective is located at 191 Peachtree St. NE, Suite 3600, bargaining, labor arbitrations, election campaigns, Atlanta, GA 30303; 404-522-8220; Fax 404-523-2345; proceedings before the National Labor Relations www.carlockcopeland.com. Board and preventative labor relations practices. The firm is located at 1075 Peachtree St. NE, Suite > Hedgepeth, Heredia & Rieder 2500, Atlanta, GA 30309; 404-885-1500; Fax 404- announced the election of Jessica Reece 892-7056; www.seyfarth.com. Fagan to partner. Fagan practices exclusively in the area of family law. The firm > is located at 3330 Cumberland Blvd., Suite 450, Atlanta, GA 30339; 404-846- 7025; Fax 404-846-7027; www.hhrfamilylaw.com. > Merritt Gallagher Guerra Rogers

Beck Wasser Bramlett Oates

Drew Eckl & Farnham announced the

Vari Wheeler Ward Bell addition of John Beck, Frank Wasser, Payton D. Bramlett, Erika C. Oates and Carlock, Christopher Jackson as associates. Copeland & Beck’s practice focuses on representing

Stair, LLP, Jackson insurance companies, corporations, announced school boards and hospitals in workers’ the addition compensation claims. Wasser focuses his practice

Baker Bennett Mack of John on workers’ compensation and civil tort litigation. Merritt as of Bramlett practices in the areas of civil tort litigation counsel and J.T. Gallagher, Jennifer Guerra, Alyssa and represents individuals, corporations and insur- Rogers, Stephanie Vari, Winter Wheeler, Emily ance companies in state and federal courts. Oates Ward, T. Peyton Bell, Tracy W. Baker, Quinn Curtis practices primarily in workers’ compensation Bennett and Tawny D. Mack as associates. Merritt’s defense. Jackson practices in workers’ compensa- practice includes a substantial amount of complex tion and appellate law. The firm is located at 880 W. commercial litigation and other general liability Peachtree St., Atlanta, GA 30309; 404-885-1400; 404- causes of action. Gallagher focuses his practice in the 876-0992; www.deflaw.com. area of construction litigation. Guerra’s practice focuses exclusively on civil litigation and litigation- > Jones Day announced the addition of Ginger R. related issues, including the appellate process, in Burton as partner. Burton represents institutional both state and federal courts. Rogers handles civil lenders and companies in a variety of secured and litigation defense matters including general liability, unsecured financing transactions, including acqui- premise liability, and trucking and transportation. sition financings, syndicated credit facilities and Vari focuses on civil litigation defense including gen- asset based financings. The firm is located at 1420

44 Georgia Bar Journal Bench & Bar

Peachtree St. NE, Suite 800, Atlanta, GA 30309; 404- practice with emphasis in the health care industry. 521-3939; Fax 404-581-8330; www.jonesday.com. The firm is located at 1170 Peachtree St. NE, Suite 2400, Atlanta, GA 30309; 404-459-0050; Fax 404-459- > DLA Piper announced the election of Jamie Konn 5734; www.bakerlaw.com. to partnership. Konn’s practice focuses on employment-related aspects of corporate transactions, > advising companies on how to defend themselves against strategic union campaigns, litigating fast- paced restrictive covenants cases and counseling clients through day-to-day employment questions and crises. The firm is located at 1201 W. Peachtree Angersola Clayton Crawford Ficker St., Suite 2800, Atlanta, GA 30309; 404-736-7800; Fax 404-682-7800; www.dlapiper.com. Swift, Currie, McGhee & Hiers, LLP, announced the > Barnes & Thornburg addition of Joseph J. announced the addition of Angersola, D. Lee Clayton, Gary S. Freed as partner Michael O. Crawford IV, and Malcom Cox as of R. Alex Ficker, Preston D. Holloway Webb counsel. Freed counsels cli- Holloway and K. Mark

Freed Cox ents on business matters Webb as partners. Angersola’s practice includes ranging from restrictive products liability, catastrophic injury and wrongful covenants and trade secrets to business dissolution, death claims, premises liability and commercial liti- lending and real estate matters, among others. gation with experience varying from complex, large Cox’s litigation practice focuses on advising corpo- exposure matters to contract disputes. Clayton’s rations and their employees on diverse issues, practice focuses primarily on products liability, including complex commercial contracts, land use, general civil litigation, bad faith insurance litiga- antitrust, and intentional and negligence-based tion, commercial litigation and insurance coverage torts. The firm is located at 3475 Piedmont Road defense. Crawford litigates commercial general lia- NE, Suite 1700, Atlanta, GA 30305; 404-846-1693; bility, premises liability, trucking/transportation, Fax 404-264-4033; www.btlaw.com. excess coverage, automobile, fire, explosion, contract, toxic tort and construction defect claims, as > Miller & Martin PLLC well as a variety of subrogation claims. Ficker, announced the addition of Holloway and Webb all concentrate their practice in Kevin O’Mahony and the area of workers’ compensation defense. The Laura Ashby as members. firm is located at 1355 Peachtree St. NE, Suite 300, O’Mahony’s practice focus- Atlanta, GA 30309; 404-874-8800; Fax 404-888-6199;

O'Mahony Ashby es on health care in both www.swiftcurrie.com. transactional and litigation matters. Ashby focuses her practice on intellectual > Heninger Garrison Davis, LLC, announced the elec- property, business and tort litigation. The firm is tion of Jim McDonough to partner. McDonough’s located at 1180 W. Peachtree St. NW, Suite 2100, practice centers on intellectual property, mass torts, Atlanta, GA 30309; 404-962-6100; Fax 404-962-6300; multi-district litigation, class actions and products www.millermartin.com. liability. The firm is located at 3621 Vinings Slope, Suite 4320, Atlanta, GA 30339; 404-996-0864; Fax > Chamberlain, Hrdlicka, White, Williams & 205-326-3332; www.hgdlawfirm.com. Aughtry announced the addition of Peter N. Hall as senior counsel. Hall focuses his practice on labor > Kilpatrick Townsend & Stockton and employment law with an emphasis on litiga- announced the addition of Ronald tion matters. The firm is located at 191 Peachtree McKenzie and Kimberly Scott as St. NE, 34th Floor, Atlanta, GA 30303; 404-659-1410; associates. McKenzie joins the govern- Fax 404-659-1852; www.chamberlainlaw.com. ment enforcement and investigations team in the firm’s litigation depart- McKenzie > BakerHostetler announced the election of Joann ment. Scott focuses her practice on Gallagher Jones to managing partner. Jones’ prac- outsourcing agreements, technology licensing, tice focuses on real estate development and finance and contracts and commercial agreements. The

June 2016 45 Bench & Bar

firm is located at 1100 Peachtree St. NE, Suite 2800, portation law practice group with experience Atlanta, GA 30309; 404-815-6500; Fax 404-815-6555; defending motor carriers, CDL drivers and trans- www.kilpatricktownsend.com. portation insurers. The firm is located at 100 Galleria Parkway, Suite 1600, Atlanta, GA 30339-5948; 770- > 818-0000; www.fmglaw.com. > Elarbee Thompson announced the election of Justin Connell to equity partner and Tracy Glanton and Douglas Miller to partnership. Connell’s practice focuses primarily on complex litigation matters, Arnold Paupeck Cooper Adler including high level labor and employment litiga- Weinberg Wheeler Hudgins Gunn & tion and corporate litigation, including shareholder Dial announced the election of Brannon derivative actions and private equity disputes. Arnold, Michael Paupeck and Derick Glanton focuses her practice on defending employ- Cooper to partnership, Jennifer Adler ers against claims involving all aspects of work- as partner of counsel and the addition place discrimination, ERISA actions and various of Jad Dial as an associate. Arnold prac- other federal and state law claims. Miller coun- Dial tices in the areas of product liability, sels and represents companies in the full range catastrophic injury and premises liability. Paupeck of employment-related issues and also regularly focuses his practice on construction litigation, pro- advises and represents management in traditional fessional liability litigation, commercial litigation labor relations matters. The firm is located at 229 and catastrophic injury. Cooper focuses his practice Peachtree St. NE, Atlanta, GA 30303; 404-659-6700; on catastrophic injury, premises liability and prod- Fax 404-222-9718; www.elarbeethompson.com. uct liability. Adler’s practice focuses primarily on health care litigation, commercial litigation and > employment litigation, including complex class actions. Dial’s practice area includes construction litigation, environmental and toxic tort, premises liability, product liability, professional liability and transportation. The firm is located at 3344 Peachtree Maxwell May Sineway Merchant Road NE, Suite 2400, Atlanta, GA 30326; 404-876- 2700; Fax 404-875-9433; www.wwhgd.com. Morris, Manning & Martin, LLP, announced the election of Chris > Smith Moore Leatherwood announced Maxwell, Corey May, Daniel Sineway, the election of Matthew Stone to part- Mary Merchant and Lynn Wilson to nership. Stone joins the transportation partnership. Maxwell is active princi- practice group. The firm is located at pally in the firm’s general corporate Wilson 1180 W. Peachtree St. NW, Suite 2300, practice, concentrating in mergers and Atlanta, GA 30309; 404-962-1000; Fax acquisitions, venture capital transactions and general 404-962-1200; www.smithmoorelaw.com. corporate governance matters. May’s practice focuses on commercial real estate, representing real estate > Freeman investment funds, institutional landlords, tenants, Mathis & developers and property managers in the acquisi- Gary, LLP, tion, disposition, financing, leasing and management announced of retail, multi-family, office, commercial and indus- the addition of trial projects. Sineway practices in all areas of intellectual property law. Merchant focuses on IP services Babcock Hosack Green Ryan Babcock and Coleen for products and inventions in life sciences sectors. Hosack as of counsel and Parker M. Green as an Wilson focuses her practice on the representation of associate. Babcock joins the commercial and com- the FDIC in its foreclosure of primarily commercial plex litigation practice section and the life sciences real estate assets. The main office is located at 3343 litigation group. Hosack’s practice focuses on pro- Peachtree Road NE, Atlanta, GA 30326; 404-233-7000; viding a strategic legal defense to local govern- Fax 404-365-9532; www.mmmlaw.com. ments in civil litigation matters involving constitutional and civil rights issues. Green joins the trans-

46 Georgia Bar Journal Bench & Bar

> Hall Booth Smith, P.C., > Howick, Westfall & announced the addition of Kaplan, LLP, announced David Ware and Dana the election of Virginia B. Brubaker as of counsel. Bogue and Christopher S. Ware represents clients Cooper to partners. ranging from Fortune 500 Bogue’s practice focuses Ware Brubaker Bogue Cooper companies and large gov- on bankruptcy and credi- ernmental entities to high-profile professional ath- tors’ rights litigation. Cooper’s practice focuses on letes and other high net worth individuals in com- commercial finance and real estate law. The firm is plex litigation matters and multimillion-dollar nego- located at 3101 Towercreek Parkway, Suite 600, tiations and transactions. Brubaker practices in all Atlanta, GA 30339; 678-384-7000; Fax 678-384-7034; areas of medical malpractice litigation and personal www.hwkllp.com. injury defense. The firm is located at 191 Peachtree St. NE, Suite 2900, Atlanta, GA 30303; 404-954-5000; > The Toth Law Firm, LLC, announced that it has relo- Fax 404-954-5020; www.hallboothsmith.com. cated. The firm will continue to focus on plaintiff’s personal injury and medical malpractice. The office > Jeff Kerr, formerly of Mays & Kerr, is now located at 3475 Lenox Road NE, Suite 740, announced the launch of CaseFleet, a Atlanta, GA 30326; 404-250-1564; Fax 404-995-3950; cloud-based legal practice management www.waynetothlaw.com. solution that integrates tools for litigation and business workflows to better In Albany manage the practice of law regardless of > Moore, Clarke, DuVall & a firm’s size or practice areas. CaseFleet is located at Rodgers, P.C., announced 655 Highland Ave. NE, Suite 8, Atlanta, GA 30312; the election of Michael E. www.casefleet.com. Hooper and James H. “Jim” Edge to partner- Fish & Richardson ship. Hooper’s practice > Hooper Edge announced the election lies in taxation, trusts and of Ajit Dang and Ben estate planning, corporate law, partnership law, Thompson to principals. probate and the administration of estates and trusts. Dang focuses his practice Edge’s practice involves the handling of a broad on patent litigation range of business-related disputes, including deriv- Dang Thompson and licensing. Thompson’s ative actions, non-compete and other business mat- practice focuses on patent litigation practice involv- ters. The firm is located at 2829 Old Dawson Road, ing various technologies, including computer net- Albany, GA 31707; 229-888-3338; Fax 229-888-1191; work security and encryption. The firm is located at www.mcdr-law.com. 1180 Peachtree St. NE, 21st Floor, Atlanta, GA 30309; 404-892-5005; Fax 404-892-5002; www.fr.com. > Watson Spence, LLC, announced the election of Alfreda Sheppard to partner- > Stites & Harbison, PLLC, ship. Sheppard’s practice focuses on announced the election of labor and employment litigation, gov- Melissa Davey to counsel ernment liability litigation and white and the addition of Brian collar criminal defense. The firm is locat- Levy as an attorney. ed at 320 Residence Ave., Albany, GA 31701; 229-436-

Davey Levy Davey is in the creditors’ 1545; Fax 229-436-6358; www.watsonspence.com. rights and bankruptcy service group, representing institutional lenders In Alpharetta and other creditors in all areas including bank- > Merbaum Law Group, P.C., announced it has changed ruptcy, workouts and commercial litigation. Levy’s its name to Merbaum & Becker, P.C. The firm will practice focuses on representing financial institu- continue to represent contractors, subcontractors and tions, including national and regional banks, as owners relating to construction issues as well as busi- well as other creditors, in state and federal courts ness transactions and disputes, real estate litigation, throughout Georgia. The firm is located at 303 landlord-tenant law and commercial collections. Peachtree St. NE, Atlanta, GA 30308; 404-739-8800; The firm also announced the election of Andrew J. Fax 404-739-8870; www.stites.com. Becker to partnership. Becker’s practice areas include

June 2016 47 Bench & Bar

construction law, business litigation, landlord and on labor and employment law, including employ- tenant, creditor and debtor, and civil appeals. The ment discrimination and employment harassment. firm is located at 5755 North Point Parkway, Suite Hardegree’s litigation and appellate practice is 284, Alpharetta, GA 30022; 678-393-8232; Fax 678- concentrated in the areas of commercial and busi- 393-0410; www.merbaumlawgroup.com. ness, insurance and personal injury, and employment. Staples’ areas of practice include corporate In Athens and business organizations and related areas, entity > Hall Booth Smith, P.C., announced the selection/formation, estate planning and probate. addition of Allen Orr as an associate. Pritchard’s areas of practice include general liabili- Orr represents corporate and individual ty, governmental liability and employment. Rhodes clients in business disputes, estate liti- specializes in business and taxation, estate planning gation and commercial loan workouts. and administration, and real estate areas. Wise’s The firm is located at 440 College Ave. practice area includes business litigation educa- N, Suite 120, Athens, GA 30601; 706-316-0231; Fax tion, employment, general liability and workers’ 706-316-0111; www.hallboothsmith.com. compensation. The firm is located at 233 12th St., Suite 500, Columbus, GA 31901; 706-494-3818; Fax In Augusta 706-494-3828; www.hallboothsmith.com. > Dunstan, Cleary & West, LLP, announced the addition of Jennifer Hamilton Hawkins as partner. In Cumming Hawkins’ practice areas include representation of > Banks, Stubbs & McFarland, LLP, announced the creditors in bankruptcy proceedings as well as per- election of Cindy English to partnership. English’s sonal injury, contract disputes, probate matters and practice areas include family law, civil litigation, general civil litigation. The firm is located at 1223 business law and mediation. The firm is located 309 George C. Wilson Drive, Augusta, GA 30909; 706- Pirkle Ferry Road, Building F, Cumming, GA 30040; 860-9995; Fax 706-860-4335. 770-887-1209; www.banksstubbs.com. In Columbus In LaFayette > Morris, Manning & Martin, LLP, > Womack, Gottlieb & Rodham, P.C., announced the election of Nicholas announced the addition of Ryan L. Ray Stutzman and Edward Hudson to part- as an associate. Ray’s practice centers nership. Stutzman represents a variety on defending governmental entities on of lenders, developers, builders, inves- complex issues including labor law and tors, buyers and sellers in residential civil rights disputes through litigation, Hudson real estate matters. Hudson’s practice mediation and appeal in federal, state and appellate focuses on residential and commercial real estate. courts. The firm is located at 109 E. Patton Ave., The firm is located at 5650 Whitesville Road, Suite LaFayette, GA 30728; 706-638-2234; Fax 706-638- 206, Columbus, GA 31904; 706-317-3440; Fax 706- 3173; www.wgrlawfirm.com. 317-3441; www.mmmlaw.com. In Macon > Hall Booth Smith, PC, announced the addition > James-Bates-Brannan- of Bradley R. Coppedge, Gregory S. Ellington, Groover-LLP announced Robert C. Martin Jr., John M. Sheftall and Melanie the addition of William V. Slaton as partners, William B. Hardegree H. Noland as of counsel and Charles T. Staples as of counsel and Tyler and Lauren N. Schultz as Pritchard, Carl A. Rhodes Jr. and Elizabeth Wise as an associate. Noland rep- Noland Schultz associates. Coppedge focuses his practice on busi- resents individual, corpo- ness, tax and personal planning. Ellington concen- rate and government clients in matters involving trates his practice in the areas of medical malprac- civil litigation, commercial litigation, insurance tice defense, education law, business litigation and litigation and local government liability. Schultz consumer class action litigation in state and federal focuses her practice on general, commercial, and courts. Martin’s practice involves medical malprac- insurance litigation, as well as local government tice, products liability and commercial litigation liability defense. The firm is located at 231 Riverside in state and federal courts. Sheftall practices in the Drive, Macon, GA 31201; 478-742-4280; Fax 478- area of trusts and estates, and fiduciary law. Slaton 742-8720; www.jamesbatesllp.com. practices in general civil litigation with an emphasis

48 Georgia Bar Journal Bench & Bar

In Savannah In Lake Success, N.Y. > HunterMaclean announced the election > Garden City Group, LLC, announced of Brad Harmon to managing partner. the addition of Kenneth Cutshaw as Harmon focuses his practice on busi- interim president and chief executive ness litigation and logistics law. The officer. Cutshaw employs his global firm is located at 200 E. Saint Julian St., business expertise to guide the firm’s Savannah, GA 31412; 912-236-0261; leadership, strategy and growth while Fax 912-236-4936; www.huntermaclean.com. enhancing the efficiency of the company’s class action settlement administrations, restructuring In Statesboro and bankruptcy matters, mass tort settlements, > Edenfield, Cox, Bruce & regulatory settlements, legal notice programs and Classens, P.C., announced data breach response programs. The firm is located the election of Benjamin J. at 1985 Marcus Ave., Lake Success, NY 11042; 800- Colson to partnership and 327-3664; www.gardencitygroup.com. the addition of Joe E. as an In Greenville, S.C. Colson Mathews “Matt” Mathews Jr. associate. Colson focuses > Burroughs | Elijah announced the addition of his practice on civil trial practice, business litiga- Katherine Willett as managing attorney. Willett tion, plaintiff’s personal injury claims, criminal law, focuses her practice in the areas of construction/ contract disputes and estate law. Mathews focuses business litigation, as well as landlord/tenant mathis practice on civil trial practice, litigation, real ters, collections work and plaintiff’s personal injury. estate, and estates and trusts. The firm is located at The firm is located at 330 E. Coffee St., Greenville, SC 115 Savannah Ave., Statesboro, GA 30458; 912-764- 29601; 864-501-3205; www.burroughselijah.com. 8600; Fax 912-764-8862; www.edenfieldlaw.com. > Gallivan, White & Boyd, P.A., announced the addi- In Vidalia tion of Carson Bacon Penney as an associate. Penney > Troy Lance Greene announced the opening of his practices as a member of the firm’s business and practice Troy Lance Greene, P.C. Greene repre- commercial litigation group and workplace prac- sents several insurance companies and self-insurers tices group, focusing on the representation of clients in Georgia. The firm is located at 602 Church St., in employment issues related to federal and state Vidalia, GA 30475; 912-537-9343; Fax 912-537-265; employment laws. The firm is located at 55 Beattie www.lancegreenelaw.com. Place, Suite 1200, Greenville, SC 29601; 864-271-9580; Fax 864-271-7502; www.gwblawfirm.com. In Birmingham, Ala. > Heninger Garrison Davis, LLC, announced the In Karnataka, India addition of Jeff Leonard as partner. Leonard’s > GokareLPO announced the opening of its practice focuses on representing individuals and Bangalore office, offering additional India spe- businesses in civil litigation, including contract cific legal services for U.S. Companies based in and commercial disputes, wrongful death, cata- India. The firm is located at #3 Ground Floor, GR strophic injury, medical malpractice, class actions, Queens Amber Building, Bannerghatta Main Road, products liability, premises liability and trucking/ Bangalore 560076, Karnataka, India; 678-961-0896; vehicle collision cases. The firm is located at 2224 www.gokarelaw.com. 1st Ave. N, Birmingham, AL 35203; 205-326-3336; Fax 205-326-3332; www.hgdlawfirm.com. In Tuscaloosa, Ala. > Browder & Welborn, LLC, announced the election of David B. Welborn to partner. Welborn’s practice focuses primarily on estate, business and tax planning, probate and elder law. The firm is located at 2315 9th St., Suite 5A, Tuscaloosa, AL 35401; 205-349-1910; Fax 205-349- 1552; www.browderwelborn.com.

June 2016 49 Office of the General Counsel

All By Myself

by Paula Frederick

“ s. Jackson, I’m going to need to ask

the court to reschedule that hearing M in your case,” you announce as your client picks up the telephone. “It is scheduled for June

8, but I’m going to be in the middle of a murder trial that week. We should be able to get your case wrapped up in July.”

“I’m disappointed,” your client responds. “But— you said it was a routine hearing. Can’t you get one of your associates to handle it?” “Ms. Jackson, I’m a solo practitioner,” you reply proudly. “What made you think I have associates?” “Aren’t you Joe Blow & Associates?” your client asks. “That’s just the firm name,” you reply. “There’s no one here but me.” “Well I assumed there were other lawyers practicing with you—you know, associates . . . ”. Does a solo practitioner violate the Rules of Professional Conduct by using a firm name that includes “& Associates?” Yes. Rule 7.5 of the Georgia Rules of Professional Conduct (GRPC) prohibits a lawyer from using a firm name that is false, fraudulent, deceptive or misleading. A new

50 Georgia Bar Journal proposed formal advisory opinion, “He who is his own lawyer 15-R1, finds that it is misleading has a fool for a client.” for a solo practitioner to practice under a name that implies her firm is larger than it truly is. The draft opinion further opines Warren R. Hinds, P.C. on two other designations com- “An Attorney’s Attorney” monly used in firm names—”Firm” • Bar Complaints and “Group.” • Malpractice Defense Because the word “firm” is • Ethics Consultation defined in Rule 1.0 as “a lawyer or lawyers in a . . . private firm, law partnership, professional corporation, sole proprietorship or other association authorized to practice For the most up-to-date law (Rule 1.0(e)),” the opinion finds no problem with a sole prac- information on lawyer titioner practicing as “The Joe Blow discipline, visit Law Firm.” It’s a different story for “group.” www.gabar.org/forthepublic/ There is no definition of the word recent-discipline.cfm “group” in the GRPC. Relying on dictionary definitions the Board concludes that a sole practitioner may not call his or her practice a 1303 Macy Drive group. Roswell, Georgia 30076 Even a cursory check of the Call (770) 993-1414 web reveals that dozens, if not www.warrenhindslaw.com hundreds, of Georgia solos currently practice under one of the names that will be prohibited if the Supreme Court approves the proposed opinion. Recognizing “the practical difficulties associated with changing a firm’s name,” the Formal Advisory Opinion Board recommends that Georgia treat such situations with flexibility and allow a reasonable time for solos to bring their firm names into compliance. The draft opinion is available on the Bar’s website (just search for 15-R1). Comments were due to the Formal Advisory Board by May 31, 2016. The Board will consider any comments received and decide whether to issue the opinion. A final version will then be published and filed in the ETHICS DILEMMA? Supreme Court. Lawyers who would like to discuss an ethics dilemma with Paula Frederick is the a member of the Office of the General Counsel staff should general counsel for the contact the Ethics Helpline at 404-527-8741, 800-682-9806 or State Bar of Georgia log in to www.gabar.org and submit your question by email. and can be reached at [email protected].

June 2016 51 Lawyer Discipline

Attorney Discipline Summaries (Feb. 13, 2016 through April 15, 2016)

by Connie P. Henry

Disbarment Reinstatement Granted Jarlath Robert MacKenna James A. Meaney III Decatur, Ga. Dalton, Ga. Admitted to Bar 2009 Admitted to Bar 1973 On April 4, 2016, the Supreme Court of Georgia On April 6, 2016, the Supreme Court of Georgia disbarred attorney Jarlath Robert MacKenna (State determined that attorney James A. Meaney III (State Bar No. 136109). The following facts are deemed Bar No. 500491) had complied with all of the condi- admitted by default. On Nov. 4, 2013, MacKenna was tions for reinstatement following his suspension, and suspended from the practice of law for 18 months. reinstated him to the practice of law. Nonetheless, MacKenna represented two clients and, instead of informing the first one that he was sus- Interim Suspensions pended and could not represent her, he simply did Under State Bar Disciplinary Rule 4-204.3(d), a law- not appear for a hearing in the case. He continued to yer who receives a Notice of Investigation and fails to represent the second client. file an adequate response with the Investigative Panel may be suspended from the practice of law until an Suspension adequate response is filed. Since Feb. 13, 2016, no law- Ricky W. Morris Jr. yers have been suspended for violating this Rule and McDonough, Ga. one has been reinstated. Admitted to Bar 1998 On April 11, 2016, the Supreme Court of Georgia Connie P. Henry is the clerk of the State accepted the voluntary petition for emergency Disciplinary Board and can be reached at suspension of attorney Ricky W. Morris (State Bar [email protected]. No. 525160) pending the resolution of disciplinary and criminal matters against him. Morris is currently impaired due to addiction and mental health issues.

52 Georgia Bar Journal JOIN JOIN@ US! gabar.org US! HARDEST & @StateBarofGA WORKING @GeorgiaYLD /statebarofgeorgia SITE ON /GeorgiaYLD THE WEB. /statebarofgeorgia /yld

/StateBarofGeorgia

WWW.GABAR.ORG

June 2016 53 Law Practice Management

Solo and Small Firm Institute Set to Repeat in July by Natalie R. Kelly

hat’s cooler than an icicle in sum-

mer? Perhaps it will be this year’s W Solo and Small Firm Institute. The two-day CLE event focusing on the technology and practice management needs of sole practitioners and smaller law firms will take place at the State Bar July

15-16. And what’s so cool about this conference? Well, it’s what’s in store for conference attendees.

If you missed last year’s event, you missed the following conference attractions which are scheduled to return this year. Track Programming The Solo and Small Firm Institute features a full year’s worth of CLE—12 hours—including ethics and professionalism credits based on session selection. There will be simultaneous sessions for practice management, technology and substantive law, all designed to provide the latest and most important information of use to solo and small firms. Attendees Special Guest Speakers may choose to attend all of the programs in a single track or move from one track to another as desired Sharon Nelson, John Simek and Jim Calloway will throughout the duration of the conference. One hour be the special guest speakers for this year’s institute. of CLE credit is awarded for attending each session. In addition, Nelson and Simek, owners of the com- (Find the full agenda online at http://tinyurl.com/ puter forensics company, Sensei Enterprises, Inc., will k5f5uqh for scheduling purposes.) present a don’t miss plenary session on Friday eve-

54 Georgia Bar Journal ning involving murder, robbery, back this year to give live demon- a grand prize over breakfast on masseuses, bondage and suicide strations of their latest products day two. as they tell the tale of digital foren- and services. The exhibit hall pres- sics in the case of the Craigslist ents an opportunity to learn about Updated Vendor Killer. As a finale for the first day a new service or product, or to Showcase (and just before an evening recep- catch up with a vendor or supplier tion) the three presenters will be you may already be using in your Sometimes the exhibit hall and joined by legal technology consul- solo or small firm practice. the other designated networking tant and Georgia lawyer Nancy places do not suffice for getting a Duhon for a fast-paced session Networking Reception larger message across to the con- showcasing 60 practice tips, apps, To finish off the first day, attend- ference audience, and some special sites and gadgets. ees, presenters and exhibitors will time is warranted. At this year’s all gather for a pre-dinner recep- conference the vendor showcase Professionalism Plenary tion. Additional networking is schedule has been tweaked and The institute welcomes Hon. highly encouraged during the more offerings will be available for Shukura Ingram Millender of the reception as the attendees get to these very specials sessions, many Magistrate Court of Fulton County spend a few more minutes with the of which will allow attendees to get as this year’s professionalism speakers and exhibitors. a general CLE credit. speaker, scheduled for Saturday. Attendees returning to the con- We hope you plan to attend Millender is sure to have the full ference and those attending for the this year’s Solo and Small Firm attention of conference attendees. first time will also enjoy a few new Institute, and we look forward to This session will allow conference things this year. seeing you there. attendees to receive one hour of professionalism CLE credit. New Exhibitors Natalie R. Kelly is the With more than 30 exhibitors director of the State Exhibit Hall last year, the planners are work- Bar of Georgia’s Law Attendees in 2015 had an oppor- ing hard to get even more product Practice Management tunity to visit with more than 30 and service vendors to come to this Program and can be legal product and service ven- year’s conference. The exhibitors reached at nataliek@ dors in the conference’s dedicated will be asked to provide prizes gabar.org. exhibit hall. The vendors will be which will be awarded along with C Georgia’s Solo & Small Firm Institute

Come Learn to Take Charge of Your Practice! Nationally known speakers presenting on relevant law practice topics Large interactive Exhibit Hall with access to technology and legal practice advice/solutions Affordable pricing of $185 for an entire years’ worth of CLE #gasolo16 JULY 15-16, 2016 State Bar of Georgia Headquarters

Check the conference website at http://tinyurl.com/ k5f5uqh as well as iclega.org for updates!

June 2016 55 GEORGIA LEGAL Madison SERVICES PROGRAM Lynne Perkins-Brown

ALBANY REGION Suwanee We Salute Albany John V. Hogan Gregory A. Clark* Cawthon H. Custer* Tucker Gail D. Drake Donald M. Dotson Our Pro Bono James Edge* James N. Finkelstein Woodstock Amanda K. Goff Teri L. Brown Alexander H. Hart Steven Campbell* Michael E. Hooper* Kimberly D. Lamb* AUGUSTA REGION Je’Nita N. Lane H. Brannen Bargeron Thomas G. Ledford Donna Lorraine Barlett Billy C. Mathis Jr. J. Kyle Califf All-Stars Larry B. Owens Raymond Doumar Marshall L. Portivent Jr. J. Edward Enoch Eric J. Garber Colquitt David E. Hudson Danny C. Griffin David S. Klein* Troy A. Lanier Thomasville Michael N. Loebl* Shelba D. Sellars Dana E. Niehus* Charles H. Rollins Valdosta Carl G. Schluter* William O. Woodall* Sandra F. Swanson The Pro Bono Resource William O. Woodall Jr. John R. Taylor ATHENS/GAINESVILLE BRUNSWICK REGION Center of the State Bar REGION Alma Athens William J. Edgar of Georgia salutes the William C. Bushnell Courtney M. Davis* Brunswick following attorneys Donarell Green Doree Avera* Freddrell R. Green M. Beth Boone who demonstrated Kent Silver Brian D. Corry* Melissa Cruthirds* Blairsville Casey Viggiano Harris* their commitment to Robbie Colwell Weaver Lacey L. Houghton* Robert P. Killian* equal access to justice Buford J. Wrix McIlvaine* Marion Ellington Jr. Thomas E. Ray* by volunteering their Paul Schofield* Clarkesville Britton A. Smith* time to represent low- Douglas L. Henry Susan Thornton* Bonnie Killian Turner* income Georgians Cornelia Susan Clark Campbell Homerville Chad Corlee* in civil pro bono Covington L. Stanford Cox III Jesup programs during 2015. Samantha Jacobs Cumming Putnam C. Smith* St. Marys *denotes attorneys who have Garnett Harrison* accepted three or more cases Duluth Charon A. Ballard Waycross Mary Jane Cardwell* Italicized denotes deceased Gainesville Huey W. Spearman* Thomas Calkins* Charles Kelley Jr. COLUMBUS REGION Clair W. Langmaid* Atlanta Arianne Mathe’ Walter Fortson* Brittany R. Poole T. Wesley Robinson* Columbus William Arey* Jefferson Jacob Beil Julia Wisotsky* Richard Flowers R. Walker Garrett Susan Henderson Rome Milledgeville Floyd Rockdale Ronald Iddins* John Finley Niedrach* Laura Burns* Timothy J. Crouch Sharon L. Barksdale Paul Kauffmann* David C. Smith Hoganne Harrison-Walton Kenneth C. Fuller Carrie L. Bootcheck Elizabeth Morgan Keith J. Williams Matthew Roessing John Scott Husser Boniface G. Echols Melissa R. McAllister* Carey L. Pilgrim John J. Martin Jr. Steven Ray* Rossville Perry Douglas D. Slade Albert A. Myers III Teddy Reese Ann Willard Fiddler* LaToya Bell* John A. Nix Richard Thomas Tebeau* Carson Alexander Royal* Ronald Daniels* Fulton Cindy S. Stacey Shevon Sutcliffe Thomas Ryan English Dana Fleming Allen C. Michael Walker Raymond Tillery* Summerville Stephanie C. Anderson Sherri I. Washington Robert Pate Turner III* Kenneth D. Bruce Warner Robins John N. Bey Maureen E. Wood Joseph Wiley Jr.* Christopher Sutton Connelly Jocelyn Daniell Torris J. Butterfield Dorothy Williams Christopher Lee Corbin Terry Everett Charles Clapp Spalding Robert Wilson* Archibald Farrar Jr. Caralyn Huddleston Lynnette D. Espy-Williams Lisa D. Loftin Ketonga L. Wright Melissa Gifford Hise Gail Charline Robinson Michael S. Evans Steven Alexander Miller A. Robert Tawse Jennifer A. Kennedy-Coggins Troup LaGrange Andrea Holley Strawn Christy L. MacPherson Kimberly C. Harris W. Luther Jones PIEDMONT REGION Jefferson C. McConnaughey Nazish Ahmed MACON REGION Bartow Shalamar J. Parham SAVANNAH REGION Atlanta James Paul Blalock Evelyn Y. Teague Bulloch Greenville Drew Early* Randall H. Davis Elizabeth Branch Tina Dufresne Mary F. McCord Gordon Marc Bruce Byron Anthony N. Perrotta John C. Leggett Laura Marsh DALTON REGION Karin Vinson* Leslie V. Simmons Robert Mock Jr. Blue Ridge Gwinnett Paul Painter* Steven G. Smith Dublin Carroll Harold D. Holcombe Joseph Sumner William E. Brewerk Natalie K. Howard Chatham Cartersville T. Michael Flinn Robert W. Hughes Jr. Craig Adams Joshua Earwood Gray Christopher B. Scott Shawn A. Owen Molly Adams Antonio Mari Ashley Brodie Macklyn A. Smith Sr. Kathleen Aderhold Clayton Shannon Bishop Dalton Macon Carl H. Hodges Haralson James Blackburn Jr.* Christiane Cochran Bard* David Addleton* Julie W. Cain Catherine Bowman Jennifer Dawn Baxter Jonathan Alderman* Cobb Dana Braun Fred Steven Bolding* M. Farley Anderson* Marlys A. Bergstrom Henry Kristine Cerbone* Nancy Anne Burnett Terri Benton* Tamorra A. Buchanon Nazish A. Ahmed Dolly Chisholm* Robert Adam Cowan Veronica E. Brinson* Diane Cherry Emmett J. Arnold IV Jamie Clark Charles Lee Daniel III Arrington Brown Terence J. O. McGinn Stacey L. Butler Dorothy Courington Joseph Blake Evans* S. Phillip Brown* Willian W. White Michelle R. Clark W. Lamar Fields* Michael D. Hurtt* Larry Brox* LeAnne P. Cooper Debra Geiger Robert Douglas Jenkins Sr. David Bury* Coweta R. Alex Crumbley Kimberly Harris Todd Mitchell Johnson William J. Camp* Delia T. Crouch Anita M. Lamar Stephen Harris* David William Johnson Michael Devlin Cooper* Emily C. Gross April Lash Sabrina Hassanali* James A. Meaney III William Davis Walter S. Haugen Pandora E. Palmer Daniel Jenkins Jerry Wayne Moncus David Dorer* Lanicia M. Harvey-Williams* Megan M. Pearson Benjamin Karpf Katherine Lindsey O’Gwin Chad Ethridge Sammie M. Mitchell Maritza S. Ramos Stephen J. Lewis* Jessica Oliva Amy Fletcher* Doris C. Orleck Darryl L. Scott John Lientz Sheldon John Paprota* James Freeman* John K. Schultz Rosalind M. Watkins Charles Lonçon Deborah H. Peppers* Emmett Goodman Jr. E. Suzanne Whitaker Megan Manly* Joel P. Thames Kathleen I. Hall DeKalb Melanie Marks Henry C. Tharpe Jr. M. Todd Hampton Griffin B. Bell III Meriwether Colin McRae Brian Douglas Wright Chance Hardy Charles M. Clapp Tina S. Dufresne Kelly Miller Kevin Hicks* Donald S. Horace Shari Miliades Ellijay A. G. Knowles* William L. Sanders Newton Jerold Murray* Rebecca Brackett Kendrick* Kyle Krejci L. Stanford Cox III Tracy O’Connell Robert Matson Douglas Michael G. Geoffroy Susannah Pedigo Gainesville Veronica McClendon LeAnne P. Cooper Mario S. Ninfo Janice Powell Charles N. Kelley Jr. Benjamin McElreath Robert J. Kauffman Gloria B. Wright David Purvis Sharon Reeves* Corey B. Martin Francesca Rehal* Jasper Jeffrey Rutledge J. Michael Money Paulding Kran R. Riddle* Cortney Michelle Stuart* Ross Schell Erica T. Taylor Nicholas D. Chester Christopher Smith Jenny Stansfield Robert A. Chambers* Jana L. Evans Anthony Statsney LaFayette Kim Stoup* Jeanne M. O’Halleran Cherice Tadday Keith White Edwards Megan Tuttle Fayette Chad D. Plumley Elizabeth Thompson Joy Webster* Karen C. Galney Angelyn Tinsman* Ringgold Connie Williford Sharon I. Pierce Polk Julie Wade David Shane Allen Martin Wilson Sheila L. Rambeck Brad J. McFall Adam Walters Christopher Michael Harris* Leslie W. Wade Robert T. Monroe Clifton M. Patty Jr.* D. Elizabeth Williams Winfield Effingham Anne S. Myers* Stephen Harris* Adam Walters 57 Emanuel Andrea David-Vega Antonio Lee Steven Shewmaker Charles Bridgers Zack Howard* Kimberlynn B. Davis Kathryn Lee* Mark Silver Latoya Brisbane John Lewis Jeffrey A. Daxe Joshua H. Lee* Michele Sims Tamorra Buchanon* Daniel O’Connor* Adriana del la Torriente Michelle LeGault Norman Slawsky* Laura Bunten Mary Ann Donnelly Lucy Lei Dawn Smith Cary Burke Evans Robert I. Donovan Charlie Lester* Renee Smith Sebranda Butler Brett Brinson Alex Drummond Matthew Lettich Loretta A. Smith Patrick Calhoun Regina Edwards Alan Levine Keith A. Spencer Brittany Cambre Liberty Arielle Eisenberg Dawn R. Levine William Stanhope* Kathleen Campbell Birney Bull* Marion Ellington Jr. Doug Lewis Tammy R. Stanley Marcee Campbell Barbara Evans Quintin J. Lewis Keisha A. Steed Richard Caplan Tattnall Ian Falcone Julie Lierly Stephanie L. Steele Shiriki Cavitt Curtis Cheney Julia Fenwick David Lipscomb Irma Griffith Steele* Trey Chancellor Carrie Fiedler Joshua M. Lott Lynn Stevens David Cheng ATLANTA LEGAL William Fields H. Durance Lowendick Kevin R. Stone Wendy Choi* AID SOCIETY Brian Fineman Sierra Luckey Jodi Taylor Kevin Coleman Kyra Abernathy Leah Fiorenza Robert L. Mack Anne Thompson Edwin Cook Valrie Y. Abrahams Max Fishman Mary McCallum* Torin Togut Charles Crawford Sara Adams Kathleen M. Flynn James McCarten Joshua Toll Kevin Crayon Tala Amirfazli* David Forbes Susan McCoy William Turner Joshua Curry Laura W. Anderson Ashby Kent Fox* Petrina McDaniel Natalie Tyler Darryl Davis* Brian M. Annino Kathryn Franklin Janne Y. McKamey Laura Vickery Joyce Davis Emmett J. Arnold Christopher Freeman Patricia McKenzie Carlos Vilela Rebecca Davis Glen Edward Ashman Judith Fuller Aiten McPherson Abby Vineyard David Deganian Neer Bahl Kathleen Furr Eva Marie Meherally Cathy Waddell Thomas DeSimone F. Xavier Balderas* Art Gambill Alex Meir Brandi Wade Gabrielle DiBernardi Cha’Ron Ballard-Gayle Alicia Gant Jody A. Miller Kathryn H. Wade Kenneth Dikas Jeff Baxter Crystal Genteman Kevin Mitchell Renae Bailey Wainwright Mason Dixon Audrey Bergeson Casey Gibson Lorette Mitchell Suzanne Wakefield* Robert Dow Nina Maja Bergmar Melody Glouton Mary A. Montgomery Kelley E. Webb Angelica Duncan Wallace Berry Jr. Craig Goodmark Kevin Moore Matthew Weiss Michael Dunham Dylan Bess Valerie Gordon Grady Moore Jennifer Wheeler Katherine Dunn Lila Bradley Alan Gordon Tracy Morgan Brian A. White Emily Early Joseph Chad Brannen Matthew S. Grattan Sherry V. Neal Laura A. Whitman Benjamin Easterlin IV Chandler R. Bridges Pamela Grimes John Nelson Sherri Wilcox Jason Edgecombe Jenni Brown Elizabeth L. Guerra Courtney Newman Carol Williamson Nkoyo-Ene Effiong Lauren Bryant Amanda Hall Elizabeth Newton Mark Windham Daniel Englander Jeffrey Bunch Stephanie Hansen Jenny Nguyen Andrea Wood Rian Ervin Lawrence E. Burke Alea Harmon Patricia O’Kelley Ronna M. Woodruff Lakiesha Fair Cary Burke* Heather Havette Donald Osborne Key A. Wynn John Fleming Clarissa Burnett Susan Haynes Linda Pacer* Jeff Zachman Jonathon Fligg John Bush Mary Emily Hearons Jonathan Page Winston Folmar* Terry Bushell Caitlin Herndon Shalamar J. Parham ATLANTA VOLUNTEER Jennifer Forte Allison Byrd* Samuel Hicks Cynthia L. Patton LAWYERS FOUNDATION Gregory Fosheim Christina E. Campbell Meredith Hilton Anna Pearce Michael Frankson David A. Canale Kathryn Hinton Mary Jo Peed* Housing and Walter Freitag Stephanie Carman Harold Holcombe Debbie C. Pelerose Collections Programs Brooke French Tiffany Carter Franklin D. Hughes Annalise Peters Atlanta Katy Furr Amy C. Casey* Robert Hughes Jr. Mary Beth Piggott Julie Adkins John K. Gallagher Amanda McCallum Cash Leslee Hungerford Mindy Pillow George Akers Andrew Garcia Marijane Cauthorn Amy Jett Tom Pogue* Ichechi Alikor* Sarah Geraghty Darl H. Champion Jr. Yolanda Johnson Leon Pomerance* Imhotep Alkebu-lan Mica Germain Ophelia Wai Yan Chan Jennifer Johnson Nancy B. Pridgen Hayley R. Ambler Matthew Gettinger Trey Chancellor Gwendolyn Johnson* Jordan Quinley Shelly Anderson John Gibson Jerry Chappell II Jennifer Neal Jones Laura Rashidi-Yazd Eric Astrin Stephanie Graham Diane Cherry Benjamin Keck James K. Reed Sabrina Atkins Jodi Green Andrea Clark N. Wallace Kelleman Natasha Reymond Germaine Austin* Milton Green William Clark Laila Kelley Cheryl Richardson Andrea Avery Kyle Gregory Arlene Coleman Ashby Kent* Mary Ritter Sarah Babcock* Suneel Gupta Josh Combs Jason Khano Brenda Rogers* Francisco Balderas Sara Hamilton Valeria Cometto Dina Khismatulina Jodie Rosser Nancy Baughan Amy Hanna Ina Cook Daryl Kidd S. Carlton Rouse Nicholas Bedford Sheronn Harris* Edwin Cook Troy King Charles Ruffin Gregory Belatti Shawntel Hebert Hugh G. Cooper Tracie Klinke Dean Russell Lucero Bello Ashley Heintz Pamela Davis Corvelli Russell A. Korn Dodie Sachs Vonnetta Benjamin Mackenzie Heller* Joshua Curry Vanessa Kosky-Narea Catherine M. Salinas* David Bersinger Eva Hill Constance Daise Steve Kwon Jessica Samford Cassandra Best David Hobson Jerry Daniels Lindsey LaForge Amber Saunders Amber Bishop C. Joseph Hoffman Brandy Daswani Laurice Rutledge Lambert* Neena Panjwani Saxena Melissa Bonnington Anna Holcombe Douglas Daum Michelle Lee Steven Scott Suzanne Boyd William James Holley

58 Raquel Hoover Tony O’Brian Denelle Waynick Anatasios Manettas E. Ann Guerrant Tennille Hoover Rachel O’Toole Kristy Weathers Megan McClinton Walter Hamberg III* Brandon Hughes Stephen Opler Jennifer Weaver Robert McKemie Aliste Harris Anthony Ji Danielle Owens Mark Weaver Michael McLaughlin Hoganne Harrison-Walton Daniel Johnson Abiemwense Oyegun Amy Weber Deidre Merriman Genet M. Hopewell Elizabeth Finn Johnson* Phillip Parham Daniel Wells Nesha Munroe Cynthia Lynne Horton Michael Emmett Johnson Adria Perez Sarah Grivas West Jeff Nix William Hudson* Robert N. Johnson Patrise Perkins-Hooker Reed White Melissa Ollerich Robert W. Hughes* Tiffany Johnson Nick Phillips Robert Wildstein* Adam Reinke Camille Nicole Jarman Petra Jones Matthew Pi Yvonne Williams-Wass Margaret Riley Wallace N. Kelleman Yoshana Jones Anne Drew Powers* Mindy Beth Wolf Kacy Romig Edward J. Kirkland* Kelcee Jones-Connor Marcus Powers Jonathan Yi Will Rooks Roger A. Kirschenbaum* Samuel Juster Dorothy Ruth Primm Paul Yu Andrew Rosenzweig Michelle W. Koufman* Ankith Kamaraju Laura Rashidi-Yazd Paula Rothenberger Sheri Tomblin Lake Leanne Kantner George Ray Domestic Violence Rachel Rubinstein Robert Kent Long Corbin Kennelly Gautam Reddy Program Bethany Rupert Georgia Kay Lord David Kleber Seema Reddy Theresa Agyekum Jimmy Rusert Diana Lynch Ami Koldhekar Christopher Reece Erin Alper Kaeley Russo Morris Margulis Derek Krebs Jacob Rhein Lori Anderson Coleen Schoch* Nikki Lorraine Marr Shelley Kreimer Diedre Ricks Neil Anderson Debbie Segal* Gailya Lynn McElroy David Kuklewicz Kathryn Roberts Katie Balthrap Kristy Seidenberg* Sherard Kendal McKie Dennis Kurz* Karen Robinson Samantha Hayes Barber James Sprung Eclynne Mercy Madeline Kvalheim Andrew Rosenzweig Paul Barsness Savannah Steele Deidre Stokes Merriman Kenric Lanier Melissa Roth Audrey Bergeson Katrina Thomas Marcy Ann Millard Latrice Latin* Jasmine Rowan Andrea Bilbija Renata Turner J. Christopher Miller* Rotsen Law Robert Rubin Josh Bird Angela Waldrop Everett Lee Morris IV* Melanie Lawson Rebekah Runyon Bre’anna Brown Contessua Walker Heather Durham Nadler Jenna Lee Frederic Rushing Laura Bunten Bryan Ward Jennifer Neal-Jones William Lee Bailey Sabulis Brittany Cambre Robert A. Watts Sabrina A. Parker Vincent Leibbrandt* Danny Seelos Jessica Casey Josh Weeks Tahira Piraino Frank Leli* Kristy Seidenberg Steven Cayton* Jesika Wehung Eddie L. Randolph Vanessa Leo Herrittaccei Shabazz David Cheng Alex Wendling Margaret Ruthenberg-Marshall David Leonard Raj Shah Ronald Coleman* Yvonne Williams-Wass Emory Schwall* Joshua Lewis Persephone Shelton Melissa Conrad-Alam Eileen Jacqueline Schuman Jesse Lincoln Gregory Shin Joel Correa DEKALB VOLUNTEER Randie H. Siegel James Johnston Long Trent Shuping Matt Covell LAWYERS FOUNDATION Dawn R. Smith Vianney Lopez Shawn Skolky Walt Davis Jessie Altman JoAnna J. Smith Emlyn Lucas Matthew Simmons Jennifer Fairbairn Deal* Christopher Neil Armor* John Spears* Gregory Lucas Daniel Simon Corrin Drakulich Miriam Arnold-Johnson Blue Spruell Jessica MacAllister Christopher Sleeper Uchenna Ekuma-Nkama* Steven Richard Ashby Rachel St. Fleur Alicia Mack Brenda Smeeton Will Fagan Dana Cubbedge Ashford Deborah Antonette Stewart Renesha Madison Alexandra Smith Richard Farnsworth* E. Noreen Banks-Ware Erin Stone S. Wade Malone Robert Smith Kenneth Franklin* Juliette Marie Barnes Lynley Renin Teras Dara Mann Alice Snedeker Jesika French Jeffrey Alan Bashuk Mary Tillotson Jason Marett Minjae Song Sarah Geraghty Millie Baumbusch Laureen Tobias Dante Marshall Avital Stadler Jim Gober Laura Barfield Baxter* Herman Reginald Tunsil Adam Masarek* David Stewart Lauren Gregory Griffin B. Bell III* Robert Edwin Turner* James Mattingly Kevin Strachan Hazel Gumera Lila Newberry Bradley W. Jason Uchitel Thomas Mazziotti Brett Switzer Laura Gura Mark Daniel Brandenburg Denise VanLanduyt Colleen McCaffrey Helen Suh Andrew Hatchett Allison Laura Byrd Karla Yvonne Vogel Jason McCoy Vanessa Suh Emma Hetherington Stephen F. Carley* Angelyn Wright Darrick McDuffie Kelsey Sullivan Megan Hinkle Aisha Blanchard Collins Amy Marie Yarkoni David McKenzie Erica Taylor* Laura Holland Katrenia R. Collins* Sara Yeager Marie Meltzer Rhojonda Thomas Jeanette Holmes Stacie Ann Conner Paula Mickens William Tomlin Rachel Hoover Sarah Crittenden GEORGIA ASYLUM Heather Green Miller Mariette Torres Matthew Howell Timothy Murray Curtin IMMIGRATION Jared Miller* June Towery Bidisha Idnani Cheyayn Latoya Davidson NETWORK Brian Mink Matt Tribble Danielle Barav Johnson Dawn Elizabeth deKlerk Lynn Adam Jack Moore Taylor Tribble Tiffany Johnson Judith DeLus Karen Bain Jeremy Morris* Andrea Trimble Elizabeth Finn Johnson* Daniel Eliot DeWoskin* Melissa Baratian Kevin Morris Mark S. VanderBroek Winston Kim Shelly Nixon Donaldson* Matt Blumenstyk John Moye* Frank W. Virgin Meredith Kincaid Joseph Patrick Farrell Christine Boucher Molly Moyer Chiaman Wang Thad Kodish Jessica Duncan Felfoldi Tamara Caldas Claire Murray Bryan Ward David Kuklewicz Scott Brady Fields* Joel Cartee Taewoo Nam Meka Ward Sara LeClerc Jay C. Fox Debra Connelly Jowanda Nelson* Breana Ware Tracey Ledbetter Sally Choate Fox Megan Demicco Mark Newman Jane Warring Kevin Linder* Adam R. Gaslowitz Kris Doyle Kerry Nicholson Brian Watt Jonathan Loegel* Bruce H. Gaynes Jeffrey Fisher Christus Nikitas Meredith Watts Rebecca Lunceford M. Debra Gold Margaret Flatt Coby Scott Nixon Marlee Waxelbaum Elizabeth Main Alan Gordon Stacy Fredrich

59 Kate Gilchrist Angela Ramson Cynthia Burnside Arthur Domby Katia Grow Jamie Graham Thomas Short Scott Burton Mindy Doster Gail Gunnells* Ashley Guffey Jennifer Simon John Bush Connie Dotzenrod Carla Gunnin Gail Gunnells Victoria Smith Vincent Bushnell Melloney Douce Adam Haigh Janora Hawkins Richard Storrs Patty Butler Matt Drain Nedom Haley* Alexandra Holland Tara Stuart Toby Butler Alison Drane Ashley Halfman Mattie Hunt Josh Swiger Ian Calhoun Alex Drummond Benjamin Han Kathryn Isted Sharee Tumbling Colony Canady Michael Dubus Eric Hanson Mitchell Katz* Laurence Warco Trinity Car Douglas Duerr John Harbin* Ritu Kelotra Evon Williams Terry Carroll Todd Duffield Brian Harms Maha Khalaj* Jamal Williams Virginia Carron Pete Duitsman James Harris Diana Kim Jenny Case Robert Dumbacher Jeffrey Harrison* Kip Kirkpatrick* PROBONO Sam Casey Leslie Eason Dan Hart Leah Knowlton* PARTNERSHIP Scott Casey Bob Edwards Alan Hastings Brendan Krajinski OF ATLANTA Lillian Caudle Lanier John Edwards Mike Haun Jennifer Landers Noelle Abastillas Joel Celestin Craig Edwards* Lindsay Henner Nicole Levy Courtney Adams Christopher Chan Nkoyo-Ene Effiong Melissa Hernandez Janel McCurrie Kara Adler Shawn Chang Rob Ellis Steven Hewitson John McDonald Nicole Adolphus Todd Chatham Damon Elmore Amanda Hiffa* Beth McKee Stephanie Aferiat Wendy Choi Cot Eversole Carolyne Hilton Alistair McMaster John Alden Nichole Chollet William Ewing Lars-Erik Hjelm Rick McMurty Jennifer Alewine Guinevere Christmann Zach Eyster Charles Hodges Christina Meddin Cortney Alexander Anthony Cianciotti Marianna Faircloth Christopher Holland Phi Nguyen Leticia Alfonso Alex Clamon Elizabeth Faist Brian Holmes Yane Park Heena Ali Matthew Clarke Edward Falso Brenda Holmes* Vera Powell Mitchell Allen Kristin Cleare Paul Fancher Jeff Holt Garland Reid John Amabile Kara Cleary Peter Farley Lara Holzman Thomas Reilly Yendelela Neely Anderson Michael Clements Meghan Farmer Alcide Honoré Diara Rich Anita Bala* William Cleveland Scott Farrow Charles Hooker III Justin Russo Chris Balch Rusty Close Thomas Federico* Brent Houk Bruce Sarkisian Branden Baltich Zacary Cochran Brian Fielden Jason Howard* Ansley Sluss Melissa Baratian Mark Coffin Brian Fineman Heather Howdeshell Sue Smith Cory Barker Maia Cogen Chris Fischer Joshua Howell Brittany Summers Rupert Barkoff Kitty Cohen John Fleming Davilynne Hubbard Michael Turton Justin Barnes Jim Coil Erin Fortney Brenton Hund Samantha Weidenbaum Michelle Barnett Clayton Coley David Freda* Carly Huth Jennifer Whitton William Barnette Jay Collins* Katelyn Fredericks John Hyman Alyson Wooten Hugh Barnhardt Melissa Conrad-Alam Joe Freeman Jennifer Ide* Sharae Wright Justin Barry Dylan Coons Jeff Friedman* J. Justin Im Connie Yoon Paul Barsness Philip Cooper Creighton Frommer* Matt James Natalie Beasman Christopher Correnti Katy Furr Hill Jeffries TRUANCY Andria Beeler-Norrholm Christopher Cottrell Tina Galbraith Calvin Jellema INTERVENTION Gregory Belatti Matthew Couvillion Brian Galison* Amy Jensen* PROJECT Lucero Bello Elliott Coward Brian Gannon* John Jett* Atlanta Kwame Benjamin Courtney Cox Josh Ganz Jack Jirak Erica Harrison Arnold* Joe Benz* Shannon Cox Erika Gardner* Jeanene Jobst Bridget Beier Ross Berger Anne Cox-Johnson* Ben Garren Matthew Joe* Mary Benton Neal Berinhout Kevin Coy Edwin Garrison* Mark Johanson James Bland IV Robert Bexley Kristin Crall Rudy Gelly* Elizabeth Finn Johnson Shaterica Brown Kristen Beystehner Mike Crawford Crystal Genteman Jewelle Johnson Fred Bryant Matt Block Robert Crewdson John Gerl James Johnson* Chris Cogburn Laura Bogan Michael Cross Daniel Gerst Michelle Johnson* Thomas DeSimone Andy Bohlmann Zachary Crowe Rachel Gervin Tonya Johnson* Katherine Dunn Emmet Bondurant Sherry Culves* David Gevertz Beth Jones Glen Fagan Andrew Booth* Jason Cummings James Gibson Christina Jones William Fletcher Jr. Meredith Boudin Steve Cummings Neil Ginn Lindsay Jones Rebecca Hall Alison Boyer Laurisa Curran Christopher Giovinazzo Russell Jones Josh Harris Kelly Branch Jimmy Daniel Eric Glidewell Kent Jordan Andrew Hatchett Jared Brandman* Jan Davidson Lisa Godwin Rohan Kale Kasmyene Hayes Allison Brantley Jenn Deal David Golden Gisele Kalonzo-Douglas Kandis Jackson Amy Bray Candice DeCaire* Jennifer Goldstein Jane Kamenz Joel Langdon Constance Brewster Leanna Degenhart William Goren Russell Kaneko Catherine McClellan Briley Brisendine Dara Dehaven Thomas Gould Romy Kapoor Michael McLaughlin Richard Brody Ambreen Delawalla Jacki Green Rebecca Kaufman Richard Maddox Nick Brown Daniel Delnero T. Brian Green Adam Keating Regina Matthews SoRelle Brown Anuj Desai Alexandra Greene Dar’shun Kendrick Marie Sara Meltzer Bryan Brum Vimala Devassy Matthew Gries* Jack Kennedy Lauren Milsteen Justine Burke Lawrence Dietrich Alana Griffin Steven Kennedy Sarah O’Donohue Graham Burkhalter Isabelle Dinerman* Betsy Griswold Dorian Kennedy* Jill Pope* Brad Burman Nick Djuric Ashley Groome Corbin Kennelly*

60 Thomas Kesler Monique McDowell Ta-Tanisha Perryman Lindsey Sciavicco Trich Van Gorder Valerie King Ann-Marie McGaughey Luanna Petti* Joe Scibilia Brandon Veasey Hillary Kinsey Jim McGibbon Tameka Phillips Billy Scott Elaine Walsh Yvonne Kirila Robin McGrath Timothy Phillips* Kimberly Scott Clay Walts Jeffrey Kirsh Mack McGuffey III Jonathan Picard Margaret Scott Bryan Ward Troy Kleckley Keri McKeone Shannyn Piper Lynn Scott* Matthew Warenzak Michele Kliem Rick McMurtry William Ponder Anu Seam Kate Warihay Michael Kline Cara Melenyzer Evan Pontz* Jared Seff Tom Warren Kirk Knight Laura Mendelson Madison Pool Debbie Segal Brent Wasser* Margaret Kochuba* Edwin Merrick* Alan Poole Suhail Seth* Jessica Rutledge Watson Dion Kohler Anton Mertens Megan Poonolly Lara Sevener* Patrick Webb Jamie Konn* T. Mitchell Metcalf Vera H. Powell George Sewell* Dustin Weeks John Kraus John Meyers Drew Powers Rebecca Shanlever* Neal Weinrich Erin Krinsky Clare Michaud Marcus Powers Meredith Shaughnessy Jared Welsh Kat Kubis Jenny Miller Nancy Prager Cheryl Shaw Lysha Weston Nancy Kumar Austin Mills Eric Preston Robert Shaw* Jonathan White Sonia Lakhany John Mills Heather Preston Elisabeth Shepard Darcy White* Frank Landgraff Roger Mitchell Nick Protentis Romeen Sheth* Cody Wigington Jason Lane Melanie Mobley Alison Prout Aditya Shrivastava Allison Will Amanda Langston Jeffrey Mokotoff Stephen Provost Ankit Shrivastava Jimmy Williams Eric Larson Bret Moore Diane Prucino Toronda Silas Geri Williams* Puja Lea Jack Moore Spencer Pryor Meredith Silliman Todd Williams* Ashley Michelle Lee Joshua Moore Terri Purcell Tim Silvis Samuel Wilmoth Branson Lee Lisa Morchower Shawn Rafferty Sidney Simms Jay Wilson Lansing Lee* Kevin Morris Meredith Ragains Mindy Simon* Maritza Knight Winfunke* Barry Leitz Theresia Moser* David Raizman Carney Simpson Carolyn Wingfield Scott Lenhart Elizabeth Mulkey Rebecca Ramstrom Lisa Simpson Delbert Winn Kurt Lentz Andrew Mullen Micah Rappazzo David Sirna Amanda Witt Erika Leonard* Beth Mullican Kareem Ratani Stuart Small James Wolf Brian Leslie Julie Murphy Mary Katherine Rawls Katy Smallwood Steven Wong Elizabeth Lester Tim Murphy Tom Rawls Darryl Smith Angie Woo Alison Musto LeVasseur Mari Myer Kristin Ray Rian Smith Jessica Wood Angela Levin Faith Knight Myers Dara Redler Sharon Snyder Tamera Woodard Hannah Levinson Tiana Mykkeltvedt Lisa Reeves Kathy Solley Theodore Woodward Brian Levy Stuart Neiman John Renaud Ted Solley* Alyson Wooten Aaron Lewis Joel Neuman Daniel Replogle Maria Souder Scott Wright Katherine Lewis Andrew Nielsen Rhona Reynolds Peter Spanos Key Wynn Paul Libretta* Jeffrey Nix Kalie Richardson Kara Specht Alex Yacoub John Lockett Nwakaego Nkumeh Joshua Richey* Thomas Spillman Charles Yates III Robert Lockwood Dan Noice Lynleigh Richwine Jonathan Spitz Jonathan Yi Jonathan Loegel Kristi North Don Riddick Rhonda St. Phard Kevin Young Ivor Longo Tunrola Odelowo Andrea Rimer Clifford Stanford* Vjollca Prroni Young Tywanda Lord Tabatha Ogden Heather Ripley Tanesha Steward* Paul Yu David Lowance Cecilia Oh Maya Rivera-Diaz Lynn Stewart Kerry Yun Glenn Lyon* Aisha Oliver-Staley Tracy Rivers Petra Stewart* Matthew Yungwirth Jessica MacAllister Julie Olvin Madison Roberts Bryan Stillwagon* David Zimmerman Jon Maddison Shola Omojokun Pat Roberts Eric Stolze Laura Zschach Sonya Madison Kara Ong Erinn Robinson Lin Stradley Jenny Zupec Lindsey Magaro Shayne O’Reilly Ami Rodrigues Bo Strauss Rohani Mahyera Bob Orenstein* Candace Rodriguez Hunter Street Thobeka Makaula W. Scott Ortwein Kathleen Rodriguez Holly Stroud Christina Weatherford Malone Austin Padgett Joel Rogers Bob Stupar Lindsey Mann Jessica Paletsky Daniel Rollman Deepa Subramanian* Michelle Marchiony Michael Parisi Kelly Romich Robert Swanton Scott Mario Brian Park Kacy Romig Karli Swift John Martin Douglas Park Paul Rosenblatt Juliet Sy Lillian Martin Steven Park Steve Rosenboro Cory Takeuchi Andrew Masak Yane Park Alan Rosselot Virginia Tate Samuel Matchett Chris Parker Nick Rueter Dené Terry Ellen Padesky Maturen Shequitta Parker James Rusert Jaime Theriot Chris Maxwell* Sarah Parker* Val Rusk* Marion Tilson Kathleen McCarthy Rey Pascual Suzanne Russo Buddy Toliver Lindsay McClelland Nick Passarello Paul Ryan Eric Tresh Joseph McCoin Monica Patterson S. Fahad Saghir James Trigg Kathryn McConnell* Catherine Paulson Linda Sanchez Jonielle Turner Jason McCoy Mike Pavento* Lorene Schaefer Stacey Turner Stephen McCullers Rett Peaden Benjamin Schlesinger Michael Turton Amy McCullough Kevin Pearson Grant Schnell Nwa’ndo Ume-Nwagbo Petrina McDaniel Lee Peifer Devin Schoonmaker* Jeff Upshaw Theresa McDaniel Lindsey Perry Stephen Schrock Nick Valponi

61 Member Benefits

Fastcase Training: Part of Your Technology Toolbox

by Shelia Baldwin

echnology is becoming fully integrated in eos and user guides, in addition to the dedicated research representatives that can be reached by the practice of law. Successful lawyers, and phone or email. Fastcase is located in Washington, D.C., and has extended hours of 8 a.m. to 8 p.m., by extension law firms, depend on the abili- which works well for Georgia lawyers. All these T options are available within Fastcase from the help ty to use technology in and out of the office. Your office menu (see fig. 1). Live Chat is arguably the most convenient option for several reasons. Once you technology can be thought of in terms of a toolbox. start the chat session you can indicate your specific jurisdiction and then cut and paste your search Knowing what’s inside your toolbox and how to make query into the live chat dialog box. The dialog box will minimize while you go about your business. the best use of it should be a regular consideration. When the representative responds, the box reap- pears on your screen allowing for further dialog, or State Bar of Georgia members have two advantages the support associates can send you links to search results, cases and more. Once you complete your enabling them to accomplish these goals. Fastcase is session the conversation can be sent to your email for a point of reference. The Fastcase webinars one such tool available to all Bar members. The Law include three levels of expertise and each offers one hour of free CLE credit. Find these on the State Bar Practice Management Program also offers help in of Georgia website calendar (see fig. 2). The Law Practice Management Program also offers choosing technology to meet your needs and will assist Fastcase training here at the Bar and by phone or email. These opportunities can also be found on the website in its ongoing use. calendar. The Bar Journal offers a Member Benefits column in each issue which features strategies, new Fastcase offers the following means of training: developments and training to help our readers gain online webinars, live chat, short instructional vid- competency. We also make ourselves available at

62 Georgia Bar Journal Bar meetings such as Annual and Midyear, in addition to various 1 CLE programs. One such event is our Solo and Small Firm Institute, which will be held at the Bar Center July 15-16. Chuck Lowry, a noted expert in legal research, will be our featured speaker for Fastcase. Lawyers and legal professionals will have time to check out the latest in legal technology from more than 30 exhibitors. The educational presentations will take place in four simultaneous tracks that allow attendees to learn from some of the best national and local speakers on topics that are particularly relevant for solo and small firms. American Bar 2 Association (ABA) authors and speakers Sharon D. Nelson and John W. Simek are experts in the field of digital forensics, information security and information technology. Jim Calloway, a noted ABA author, blogger and speaker will join us from the Oklahoma Bar Association. The cost is affordable, $185 (early registration), for a conference that completes an entire years’ worth of CLE credit and is conveniently held at the Bar Center. Last year’s attendees enjoyed the exhibitor door prizes, good food and networking opportunities. Full details are found on the Bar website under Law 3 Practice Management (see fig. 3). Technology training is an ongoing process. Take advantage of the opportunities offered through Fastcase or the Law Practice Management Program. If you have any technology questions, or would like to know more about any of your other member benefits, visit www.gabar.org, or contact me at [email protected] or 404-526-8618.

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

June 2016 63 Writing Matters

Summer Reading

by Karen J. Sneddon and David Hricik

ays of sunshine cut through the humid air

as lawn mower engines drone and cicadas R hum. That’s right. Summer is here! And what better time to improve your legal writing by reading! (We’re sure that’s exactly what you were thinking.) Seriously. One way to become a better writer is to become a better reader. This installment shares selected reading suggestions from books to blogs. We’ve cat- egorized them and tried to provide some guidance depending on your particular interests. Enjoy! Books

There are a lot of general books on legal writing and particularly persuasive legal writing. From those mass- es, we’ve identified a few that we think are worth cud- dling up with in your hammock this summer. Why? Not only are they written by experienced advocates for practicing lawyers, these books provide useful advice n Noah Messing, The Art of Advocacy: Briefs, by using examples from filed briefs and motions. Motions, and Writing Strategies of America’s Best Lawyers (2013). n Ross Guberman, Point Made: How To Write Like n Antonio Scalia & Bryan A. Garner, Making Your the Nation’s Top Advocates (2011) (also available Case: The Art of Persuading Judges (2008) (also on Kindle). available on Kindle).

64 Georgia Bar Journal Law Review and Bar n Jane Kent Gionfriddo, Daniel commentary, advice and sugges- Journal Articles L. Barnett, & E. Joan Blum, tions on legal writing: A Methodology for Mentoring For younger lawyers or older Writing in Law Practice Using n Bryan Garner’s Law Prose lawyers wanting a refresher, these Textual Clues to Provide Effective showcases lessons on legal writ- recent articles provide primers, and Efficient Feedback, 27 ing at http://www.lawprose. reminders and tips on the basics of Quinnipiac L. Rev. 171 (2009). org/lawprose-blog/ good legal writing: n Mary B. Trevor, The Care and n Megan Boyd shares tips, strate- Feeding of the Twenty-First- gies and commentary at http:// n Chad Baruch, Everything You Century Developing Legal Writer, ladylegalwriter.blogspot.com/. Wanted to Know about Legal 12 Legal Comm. & Rhetoric: n All volumes of the Legal Writing Writing But Were Afraid to Ask, JALWD 219 (2015). Journal are available at http:// 17 J. Consumer & Com. L. 9 www.legalwritingjournal.org/. (2013). If you’re looking for more n The current volume and n Judith D. Fischer, A Contemporary advanced articles, these recent arti- archives of Legal Communication Take on Strunk and White for cles discuss cutting edge concerns & Rhetoric are available at Legal Writers, 15 Scribes J. Legal and issues in legal writing. And, http://www.alwd.org/lcr/. Writing 127 (2013). no, they’re not for academics only! n Bryan A. Garner, 10 Tips for Finally, although not a website Better Legal Writing: You’ll Be n Ian Gallacher, “When Numbers about legal writing, Grammar Girl Glad You Found Your Mistakes Get Serious”: A Study of Plain shares practical and humorous per- Before Your Readers Do, A.B.A. J. English Usage in Briefs Filed Before spectives on grammar at http:// 24 (Oct. 2014). the New York Court of Appeals, 46 www.quickanddirtytips.com/ n Elizabeth Ruiz Frost, Decoding Suffolk U. L. Rev. 451 (2013). grammar-girl. It is worth adding to Hyphens, Dashes and Ellipses: n Lindsey P. Gustafson, Texting your RSS feed! Dashes and Dots, Or. St. B. Bull. and the Friction of Writing, 13 (July 2015). 19 Legal Writing: J. Legal Conclusion n Charles N. Insler, Opening Lines, Writing Inst. 161 (2014). Don’t forget that another great 42 No. 2 Litigation 11 (Winter n Ellie Margolis, Is the Medium the resource—if we do say so our- 2016). Message? Unleashing the Power of selves—are the past issues of n Gerald Lebovits, Legal-Writing E-Communication in the Twenty- “Writing Matters,” available online Myths, 16 Scribes J. Legal First Century, 12 Legal Comm. at the State Bar of Georgia’s web- Writing 113 (2014-2015). & Rhetoric: JALWD 1 (2015). site. (The archives are available at n David A. Rasch & Meehan n Osler McCarthy, Break https://www.gabar.org/newsand- Rasch, Overcoming Writer’s Block Convention to Write Shorter publications/georgiabarjournal/ and Procrastination for Attorneys, and More Effectively, 27 APP. archive.cfm.) Enjoy your summer Law Students, and Law Professors, ADVOC. 23 (2014). and we’ll be back, like you, tan, fit 43 N.M. L. Rev. 193 (2013). n Elizabeth G. Porter, Taking and ready to tackle what’s next. n Jessica Ronay, A Mother Goose Images Seriously, 114 Colum. L. Guide to Legal Writing, 36 U. La Rev. 1687 (2014). Karen J. Sneddon is a Verne L. Rev. 119 (2014). n Jennifer Murphy Romig, Legal professor of law at Blogging and the Rhetorical Genre Mercer University There are also plenty of articles of Public Legal Writing, 12 Legal School of Law. for seasoned advocates who want Comm. & Rhetoric: JALWD 29 to become better at helping young- (2015). er lawyers to become stronger writ- n Suzanne E. Rowe, Writing in a David Hricik is a ers. One good way to become a Brave New World: Future Shock, professor at Mercer better mentor is to provide better Or. St. B. Bull. 13 (Dec. 2012). feedback. These recent articles pro- University School of vide insights into providing feed- Blogs and Websites Law who has written back and mentoring others in their Finally, if you only have a few several books and legal writing: minutes or just want to add things more than a dozen to your reading list to fill the time articles. The Legal Writing n Stephen D. Easton & Julie A. while waiting for the afternoon Program at Mercer continues to Oseid, “And Bad Mistakes? I’ve rain shower to pass, there are a be recognized as one of the Made a Few”: Sharing Mistakes to number of high-quality web sites nation’s top legal writing Mentor New Lawyers, 77 Alb. L. devoted to legal writing. These programs. Rev. 499 (2013-2014). blogs and websites provide helpful

June 2016 65 Professionalism Page

Today’s Chief Justice’s Commission on Professionalism: What’s Going On?

by Avarita L. Hanson

pring often brings renewed energy and

focus. Now in its 27th year, and third S year under the leadership of Chief Justice Hugh P. Thompson, the Chief Justice’s Commission on Professionalism (the Commission) remains a strong force for Georgia’s bench and bar to focus on issues— past, present and future—of professionalism and the future of the legal profession.

With its 22 members, the Commission looks at “big picture” issues in its biennial convocations on professionalism, and through its executive director, presenting innovative timely CLE programs and initiatives. Members represent most segments of the legal profession including State Bar leadership, Georgia courts, Georgia law schools, lawyers both at-large and in practice areas (prosecutors, defense attorneys, in-house and government) and the public. A list of the 2015-16 Commission members can be found on page 67. The Commission’s two signature annual programs continue to be impactful and inspiring. The Justice Robert Benham Awards for Community Service are presented in late February to deserving Georgia judges programs are also presented at Emory and Atlanta’s and lawyers from across the state. In August, the Law John Marshall law schools in January. The orientations School Orientations on Professionalism are conducted engage more than 200 Georgia lawyers, law school with the assistance of the State Bar’s Committee on faculty, and administrators and judges with incoming, Professionalism at all Georgia law schools. Similar transfer and visiting students. The main focus of the

66 Georgia Bar Journal program is to discuss hypothetical challenges of ethics and profession- 2015-16 Chief Justice’s Commission alism based on their student codes of conduct and in practice settings. on Professionalism Members Linda A. Klein, past president of the State Bar of Georgia and Chief Justice Hugh P. Thompson, Chair C. Joy Lampley-Fortson, president-elect of the American Prof. Frank S. Alexander, Emory U.S. Government Bar Association, will be featured Prof. Nathan S. Chapman, John R. B. “Jack” Long, YLD President at the Commission’s Convocation University of Georgia Prof. Patrick E. Longan, Mercer on Professionalism to be held Aug. 30. This full-day CLE program will Prof. Clark D. Cunningham, Hon. Kellie K. McIntyre, Prosecutor address current and future issues in Georgia State Hon. Carla W. McMillian, the delivery of legal services with Hon. David P. Darden, Court of Appeals local and national experts. Program Cobb County State Court Dean Malcolm L. Morris, chairs include Prof. Timothy Floyd, Jennifer M. Davis, Public Member Atlanta’s John Marshall/Savannah Avarita L. Hanson, Prof. Nicole Iannarone and Dean Rita Sheffey, Hon. J. Antonio DelCampo, At-Large Wanda M. Morris, In-House supported by a large, inclusive Gerald M. Edenfield, At-Large Hon. Kathy S. Palmer, and diverse planning committee. Dean A. James Elliott, At-Large Superior Court, Middle Judicial District More information will be included Hon. Steve C. Jones, Claudia S. Saari, in the Bar’s Enews and through DeKalb County Public Defender the Institute of Continuing Legal U.S. District Court Education in Georgia’s (ICLE) Robert J. “Bob” Kauffman, Lynne E. Scroggins, Public Member communications network. State Bar President R. Kyle Williams, At-Large The convocation held in November 2014 focused on issues Chief Justice Thompson has To support and encourage of aging in the practice of law. stated that the Supreme Court lawyers to exercise the high- Recommendations culled from that has found the increased need for est levels of professional integ- event are now under consideration interpreters and others to improve rity in their relationships with by the Bar’s leadership, members access to justice for Georgia’s their clients, other lawyers, and administration. Issues under diverse population and address the courts, and the public and discussion include peer assistance the needs of deaf and hard of hear- to fulfill their obligations to to lawyers experiencing declining ing persons. It is likely that the improve the law and the legal cognitive competence, their fami- Commission will approve funding system and to ensure access to lies and staff; appropriate disci- in FY16-17 for CLE programming that system. pline; and preparing for transi- to support this initiative. tion out of practice. Spawned by The Commission continues to Please feel free to share your the convocation, ICLE and other not only enjoy its rich history as ideas about CLE programs and CLE providers are increasing CLE the first court-created program to activities. The Commission is course offerings that address suc- address lawyer professionalism, it located at 104 Marietta St. NW, cession planning and other issues also continues to present award- Suite 620, Atlanta, GA 30303, of transitioning out of practice. winning programs while seeking or you can send your ideas to On the other side of practice, new initiatives to focus the bench [email protected]. Let’s the Commission supports efforts and bar’s attention on professional- work together and continue mak- to provide incoming and newly ism. Not wanting to see incivility as ing a difference with timely, inno- minted lawyers with training and the “new normal,” the Commission vative and impactful professional- opportunities through the State will continue to focus its efforts on ism programs and initiatives. Bar’s Transition Into Law Practice the pillars of professionalism as and Law Practice Management pro- set out by Justice Robert Benham: Avarita L. Hanson, grams. Executive Director Avarita competence, civility, pro bono and Atlanta attorney, has Hanson also serves as an ex-offi- community service, and ensuring served as the executive cio member of Lawyers for Equal access to justice. It is our goal that director of the Chief Justice, Inc., the nonprofit organi- the Commission’s programs and Justice’s Commission zation that administers the collab- the ideals of professionalism trans- on Professionalism orative incubator project to train late into better practice, client rep- since May of 2006. She can be solo practitioners to represent low- resentation and improve access to income and modest means clients justice, while continuing to remain reached at professionalism@ and improve access to justice. true to its mission: cjcpga.org or 404-225-5040.

June 2016 67 In Memoriam

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

John K. Anderson Roger Allan Cone Larry D. Estridge Brunswick, Ga. Conyers, Ga. Greenville, S.C. Duke University School of Law Woodrow Wilson College of Law Harvard Law School (1969) (1969) (1976) Admitted 1969 Admitted 1974 Admitted 1976 Died October 2015 Died March 2016 Died May 2016 Arleen Evans Ann Poe Angel Jack L. Cooper Warrenton, Ga. Greenville, S.C. Augusta, Ga. University of Georgia School Boston University School of Law University of South Carolina of Law (1984) (1978) School of Law (1954) Admitted 1985 Admitted 1978 Admitted 1956 Died March 2016 Died February 2016 Died April 2016 Charles Edward Feder Verlyn C. Baker David M. Cox Atlanta, Ga. Ellijay, Ga. Atlanta, Ga. Wayne State University Law Atlanta’s John Marshall Law Emory University School of Law School (1979) School (1953) (1983) Admitted 1999 Admitted 1956 Admitted 1985 Died February 2016 Died December 2015 Died April 2016 James E. Fusha Glenn Scott Buff Remer C. Daniel Columbus, Ga. Lawrenceville, Ga. Macon, Ga. Woodrow Wilson College of Law University of Alabama School Mercer University Walter F. (1983) of Law (1992) George School of Law (1965) Admitted 1985 Admitted 1992 Admitted 1966 Died March 2016 Died February 2016 Died January 2016 Oliver Francis Garrett William L. Cawthon Jr. Telford Edwin Elders Doraville, Ga. Eufaula, Ala. Monroe, Mich. Woodrow Wilson College of Law University of Georgia School Western Michigan University (1958) of Law (1976) Cooley Law School (1991) Admitted 1965 Admitted 1976 Admitted 1993 Died October 2015 Died March 2016 Died May 2016 Daniel Ray Gaskin Frank E. Coggin Susan Cohen Emmons Savannah, Ga. Winter Haven, Fla. Atlanta, Ga. Gilbert Johnson Law School (1962) Woodrow Wilson College of Law Emory University School of Law Admitted 1962 (1954) (1980) Died April 2016 Admitted 1954 Admitted 1980 Died March 2016 Died March 2016 Bruce Raymond Geer Hanover, Ind. Emory University School of Law (1989) Admitted 1990 Died January 2016

68 Georgia Bar Journal C. Olen Gunnin T. Brooks Pearson Jr. Joel E. Williams Jr. Fayetteville, Ga. Atlanta, Ga. Atlanta, Ga. Atlanta’s John Marshall Law Emory University School of Law Mercer University Walter F. School (1947) (1984) George School of Law (1983) Admitted 1950 Admitted 1984 Admitted 1983 Died March 2016 Died January 2016 Died April 2016

Steven D.Harris Jay M. Sawilowsky Gus L. Wood III Atlanta, Ga. Augusta, Ga. Newnan, Ga. Emory University School of Law University of Georgia School University of Georgia School (1979) of Law (1957) of Law (1961) Admitted 1979 Admitted 1956 Admitted 1960 Died April 2016 Died March 2016 Died April 2016

Julian Hartridge Jr. Bobby Lee Scott Charles B. Zirkle Jr. Savannah, Ga. Columbus, Ga. Atlanta, Ga. University of Georgia School University of Georgia School Emory University School of Law of Law (1950) of Law (2003) (1978) Admitted 1950 Admitted 2003 Admitted 1978 Died March 2016 Died April 2016 Died March 2016

Kurt Allen Kegel William Leon Slaughter Retired U.S. District Atlanta, Ga. Columbus, Ga. Judge Horace Ward Georgia State University College Mercer University Walter F. passed away in April of Law (1991) George School of Law (1950) 2016 at age 88. Ward Admitted 1991 Admitted 1949 earned degrees from Died April 2016 Died May 2016 Morehouse College and Atlanta University. His appli- Eva Catherine Kimmel David Stach cation to the University of Georgia Atlanta, Ga. McDonough, Ga. School of Law was rejected in Atlanta’s John Marshall Law Vanderbilt University Law School 1951. Ward later launched a legal School (1965) (2001) challenge against UGA that helped Admitted 1966 Admitted 2001 pave the way for the civil rights Died April 2016 Died April 2016 movement. Ward, from LaGrange, earned Robert Walter Lange Richard J. Tuneski his law degree from Northwestern Atlanta, Ga. Alpharetta, Ga. University. He returned to Georgia Atlanta’s John Marshall Law Atlanta’s John Marshall Law in the late ’50s and became the first School (2013) School (1974) African-American to challenge the Admitted 2014 Admitted 1974 racially discriminatory practices at Died March 2016 Died July 2015 UGA, leading to the admission of two black students, Hamilton E. Gale McKenzie Horace T. Ward Holmes and Charlayne Hunter. Atlanta, Ga. Atlanta, Ga. Ward served in the Georgia University of Georgia School Northwestern University School Senate between 1965 and 1974 and of Law (1972) of Law (1959) was the first African-American Admitted 1972 Admitted 1960 to serve on the federal bench in Died April 2016 Died April 2016 Georgia in 1979, appointed by President Jimmy Carter. Edward T. Murray Timothy Williams He took senior judge status Dallas, Ga. Lawrenceville, Ga. in 1994 and retired from the Woodrow Wilson College of Law University of Georgia School Northern District of Georgia in (1975) of Law (1979) 2012. Ward received an honor- Admitted 1976 Admitted 1979 ary degree from the University of Died March 2016 Died February 2016 Georgia in 2014.

June 2016 69 CLE Calendar

June-July JUN 14 ICLE JUL 14-16 ICLE Webinar: Trial Practice Fiduciary Law Institute 1 CLE St. Simons Island, Ga. See www.iclega.org for location JUN 23-26 ICLE 12 CLE Gary Christy Memorial Georgia Trial Skills Athens, Ga. JUL 15-16 ICLE See www.iclega.org for location Solo Small Firm Institute 24 CLE Atlanta, Ga. See www.iclega.org for location JUN 24 ICLE 12 CLE Powerful Witness Preparation Atlanta, Ga. JUL 26 ICLE See www.iclega.org for location Webinar: Damages 6 CLE 1 CLE

JUN 28 ICLE JUL 29-30 ICLE Webinar: TBD Environmental Law Section 1 CLE Summer Seminar St. Simons Island, Ga. JUL 12 ICLE See www.iclega.org for location Webinar: Georgia’s Hottest Evidentiary 8 CLE Issues 1 CLE Memorial Gifts Memorial Gifts are a meaningful way to honor 30303, stating in whose memory they are a loved one. The Georgia Bar Foundation made. The Foundation will notify the family furnishes the Georgia Bar Journal with of the deceased of the gift and the name of the memorials to honor deceased members of the donor. Contributions are tax deductible. Unless State Bar of Georgia. Memorial Contributions otherwise directed by the donor, In Memoriam may be sent to the Georgia Bar Foundation, Contributions will be used for Fellows 104 Marietta St. NW, Suite 610, Atlanta, GA programs of the Georgia Bar Foundation.

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

70 Georgia Bar Journal NEED HELP?

Let CAP lend you a hand. WHAT IS THE CONSUMER ASSISTANCE PROGRAM? The State Bar’s Consumer Assistance Program (CAP) helps people with questions or problems with Georgia lawyers. When someone contacts the State Bar with a problem or complaint, a member of the Consumer Assistance Program staff responds to the inquiry and attempts to identify the problem. Most problems can be resolved by providing information or referrals, calling the lawyer, or suggesting various ways of dealing with the dispute. A grievance form is sent out when serious unethical conduct may be involved.

Does CAP assist attorneys as well as consumers? Yes. CAP helps lawyers by providing courtesy calls, faxes or letters when dissatisfied clients contact the program. Most problems with clients can be prevented by returning calls promptly, keeping clients informed about the status of their cases, explaining billing practices, meeting deadlines, and managing a caseload efficiently.

What doesn’t CAP do? CAP deals with problems that can be solved without resorting to the disciplinary procedures of the State Bar, that is, filing a grievance. CAP does not get involved when someone alleges serious unethical conduct. CAP cannot give legal advice, but can provide referrals that meet the consumer’s need utilizing its extensive lists of government agencies, referral services and nonprofit organizations.

Are CAP calls confidential? Everything CAP deals with is confidential, except:

n Where the information clearly shows that the lawyer has misappropriated funds, engaged in criminal conduct, or intends to engage in criminal conduct in the future;

n Where the caller files a grievance and the lawyer involved wants CAP www.gabar.org/cap to share some information with the Office of the General Counsel; or

n A court compels the production of the information. Call the State Bar’s Consumer The purpose of the confidentiality rule is to encourage open communication and resolve conflicts informally. Assistance Program at 404-527-8759 or 800-334-6865 Notices

Notice of Filing Formal Advisory Opinion in Supreme Court

Second Publication of Proposed counting from the date of the order granting review. Redrafted Formal Advisory Opinion No. 03-2 A copy of the petition filed with the Supreme Court of Hereinafter known as “Formal Advisory Opinion Georgia pursuant to Rule 4-403(d) must be simultane- No. 16-1” ously served upon the Board through the Office of the General Counsel of the State Bar or Georgia. The final (Note: This opinion, which was published in the April 2016 determination may be either by written opinion or by issue of the Georgia Bar Journal, is being published again order of the Supreme Court and shall state whether for 2nd publication to correct a typographical error. Proposed the Formal Advisory Opinion is approved, modified, Redrafted Formal Advisory Opinion No. 03-2 will hereinafter or disapproved, or shall provide for such other final be known as Formal Advisory Opinion No. 16-1.) disposition as is appropriate.

Members of the State Bar of Georgia are hereby In accordance with Rule 4-223(a) of the Rules and NOTIFIED that the Formal Advisory Opinion Board Regulations of the State Bar of Georgia, any Formal has issued the following Formal Advisory Opinion, Advisory Opinion issued pursuant to Rule 4-403 which pursuant to the provisions of Rule 4-403(d) of Chapter is not thereafter disapproved by the Supreme Court of 4 of the Rules and Regulations of the State Bar of Georgia shall be binding on the State Bar of Georgia, Georgia approved by order of the Supreme Court of the State Disciplinary Board, and the person who Georgia on May 1, 2002. This opinion will be filed with requested the opinion, in any subsequent disciplinary the Supreme Court of Georgia on or after June 30, 2016. proceeding involving that person.

Rule 4-403(d) states that within 20 days of the filing Pursuant to Rule 4-403(e) of Chapter 4 of the Rules of the Formal Advisory Opinion or the date the publi- and Regulations of the State Bar of Georgia, if the cation is mailed to the members of the Bar, whichever Supreme Court of Georgia declines to review the Formal is later, only the State Bar of Georgia or the person Advisory Opinion, it shall be binding only on the State who requested the opinion may file a petition for Bar of Georgia and the person who requested the opin- discretionary review thereof with the Supreme Court ion, and not on the Supreme Court, which shall treat the of Georgia. The petition shall designate the Formal opinion as persuasive authority only. If the Supreme Advisory Opinion sought to be reviewed and shall Court grants review and disapproves the opinion, it shall concisely state the manner in which the petitioner is have absolutely no effect and shall not constitute either aggrieved. If the Supreme Court grants the petition for persuasive or binding authority. If the Supreme Court discretionary review or decides to review the opinion approves or modifies the opinion, it shall be binding on on its own motion, the record shall consist of the com- all members of the State Bar and shall be published in ments received by the Formal Advisory Opinion Board the official Georgia Court and Bar Rules manual. The from members of the Bar. The State Bar of Georgia Supreme Court shall accord such approved or modified and the person requesting the opinion shall follow the opinion the same precedential authority given to the briefing schedule set forth in Supreme Court Rule 10, regularly published judicial opinions of the Court.

72 Georgia Bar Journal Second Publication of Formal Advisory Opinion No. 16-1

STATE BAR OF GEORGIA Consent to conflicting representations, of course, is ISSUED BY THE FORMAL ADVISORY OPINION permitted under Rule 1.7. Consent to continued joint BOARD representation in these circumstances, however, ordi- PURSUANT TO RULE 4-403 ON JANUARY 26, 2016 narily would not be available either because it would FORMAL ADVISORY OPINION NO. 16-1 (Redrafted be impossible to obtain the required informed consent Version of FAO No. 03-2) without disclosing the confidential information in ques- tion2 or because consent is not permitted under Rule Question Presented: 1.7 in that the continued joint representation would Does the obligation of confidentiality described “involve circumstances rendering it reasonably unlike- in Rule 1.6, Confidentiality of Information, apply as ly that the lawyer will be able to provide adequate between two jointly represented clients? representation to one or more of the affected clients.” Rule 1.7(c) (3). Summary Answer: The potential problems that confidentiality can cre- The obligation of confidentiality described in Rule ate between jointly represented clients make it especial- 1.6, Confidentiality of Information, applies as between ly important that clients understand the requirements two jointly represented clients. An attorney must honor of a joint representation prior to entering into one. one client’s request that information be kept confidential When an attorney is considering a joint representation, from the other jointly represented client. Honoring the informed consent of the clients, confirmed in writing, client’s request will, in almost all circumstances, require is required prior to the representation “if there is a the attorney to withdraw from the joint representation. significant risk that the lawyer’s . . . duties to [either of the jointly represented clients] . . . will materially and Opinion: adversely affect the representation of [the other] client.” Rule 1.7. Whether or not informed consent is required, Unlike the attorney-client privilege, jointly represent- however, a prudent attorney will always discuss with ed clients do not lose the protection of confidentiality clients wishing to be jointly represented the need for described in Rule 1.6, Confidentiality of Information, as sharing confidences between them, obtain their consent to each other by entering into the joint representation. to such sharing, and inform them of the consequences See, e.g., D.C. Bar Legal Ethics Committee, Opinion No. of either client’s nevertheless insisting on confidential- 296 (2000) and Committee on Professional Ethics, New ity as to the other client and, in effect, revoking the York State Bar Association, Opinion No. 555 (1984). consent.3 If it appears to the attorney that either client is Nor do jointly represented clients impliedly consent to uncomfortable with the required sharing of confidential a sharing of confidences with each other. information that joint representation requires, the attorney should reconsider whether joint representation is When one client in a joint representation requests appropriate in the circumstances. If a putative jointly that some information relevant to the representation represented client indicates a need for confidentiality be kept confidential from the other client, the attorney from another putative jointly represented client, then it must honor the request and then determine if continu- is very likely that joint representation is inappropriate ing with the representation while honoring the request and the putative clients need individual representation will: a) be inconsistent with the lawyer’s obligations by separate attorneys. to keep the other client informed under Rule 1.4, Communication; b) materially and adversely affect The above guidelines, derived from the requirements the representation of the other client under Rule 1.7, of the Georgia Rules of Professional Conduct and con- Conflict of Interest: General Rule; or c) both. sistent with the primary advisory opinions from other jurisdictions, are general in nature. There is no doubt The lawyer has discretion to continue with the joint that their application in some specific contexts will representation while not revealing the confidential create additional specific concerns seemingly unad- information to the other client only to the extent that dressed in the general ethical requirements. We are, he or she can do so consistent with these rules. If however, without authority to depart from the Rules maintaining the confidence will constitute a violation of Professional Conduct that are intended to be gener- of Rule 1.4 or Rule 1.7, as it almost certainly will, the ally applicable to the profession. For example, there is lawyer should maintain the confidence and discon- no doubt that the application of these requirements to tinue the joint representation.1 the joint representation of spouses in estate planning

June 2016 73 will sometimes place attorneys in the awkward position of having to withdraw from a joint representation of spouses because of a request by one spouse to LAWYER ASSISTANCE keep relevant information confidential from the other and, by withdrawing, not only ending trusted lawyer- PROGRAM client relationships but also essentially notifying the other client that an issue of confidentiality has arisen. See, e.g., Florida State Bar Opinion 95-4 (1997) (“The attorney may not reveal confidential information to the wife when the husband tells the attorney that he wishes to provide for a beneficiary that is unknown to the wife. The attorney must withdraw from the representation of both husband and wife because of Stress, life challenges the conflict presented when the attorney must maintain the husband’s separate confidences regarding the or substance abuse? joint representation.”) A large number of highly varied recommendations have been made about how to deal with these specific concerns in this specific practice setting. See, e.g., Pearce, Family Values and Legal Ethics: Competing Approaches to Conflicts in Representing Spouses, 62 Fordham L. Rev. 1253 (1994); and, Collett, And The We can Two Shall Become As One . . . Until The Lawyers Are Done, 7 Notre Dame J. L. Ethics & Public Policy 101 (1993) for discussion of these recommendations. Which recommendations are followed, we believe, is best left to help. the practical wisdom of the good lawyers practicing in this field so long as the general ethical requirements of The Lawyer Assistance Program is a the Rules of Professional Conduct as described in this Opinion are met. free program providing confidential Endnotes assistance to Bar members whose 1. See ABA Model Rules of Prof’l Conduct, R. 1.7, cmt. 31 personal problems may be interfering (“As to the duty of confidentiality, continued common representation will almost certainly be inadequate if one with their ability to practice law. client asks the lawyer not to disclose to the other client information relevant to the common representation.”) 2. See Georgia Rules of Prof’l Conduct, R. 1.0(h) (defining “informed consent” as “the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct”); see also id., cmt. 6 (“The lawyer must make reasonable efforts to ensure that the client or other person possesses information reasonably adequate to make an informed decision. Ordinarily, this will require communication that includes a disclosure of the facts and circumstances giving rise to the situation, any explanation reasonably necessary to inform the client or other person of the material advantages and disadvantages of the proposed course of conduct and a discussion of the client’s or other person’s options and alternatives.”) 3. See ABA Model Rules of Prof’l Conduct, R. 1.7, cmt. 31 (advising that “[a] lawyer should, at the outset of the common representation and as part of the process of obtaining each client’s informed consent, advise each Confidential Hotline client that information will be shared and that the lawyer will have to withdraw if one client decides that some 800-327-9631 matter material to the representation should be kept from the other).

74 Georgia Bar Journal Notice of Motion to Amend the Rules and Regulations of the State Bar of Georgia

No earlier than 30 days after the publication of this I. Notice, the State Bar of Georgia will file a Motion to Amend the Rules and Regulations for the Organization Proposed Amendments to Part I, Creation and and Government of the State Bar of Georgia pursuant Organization; Chapter 2, Membership; Rule 1-203. to Part V, Chapter 1 of said Rules, 2015-2016 State Bar Practice By Active Members; Nonresidents of Georgia Directory and Handbook, p. H-7 (hereinafter referred to as “Handbook”). It is proposed that Rule 1-203. Practice By Active I hereby certify that the following is the verbatim text Members; Nonresidents of Part I, Chapter 2 of the Rules of the proposed amendments as approved by the Board and Regulations of the State Bar of Georgia be amended of Governors of the State Bar of Georgia, and may by deleting the struck-through sections and inserting include non-substantive, stylistic changes to provide the underlined sections as follows: consistency with the existing Bar Rules. Any member of the State Bar of Georgia who desires to object to these Rule 1-203. Practice By Active Members; Nonresidents. proposed amendments to the Rules is reminded that he or she must do so in the manner provided by Rule No person shall practice law in this Sstate unless 5-102, Handbook, p. H-7. such person is an active member of the State Bar of This Statement and the following verbatim text are Georgia in good standing; except as provided below: intended to comply with the notice requirements of Rule 5-101, Handbook, p. H-7. (1)(a) A person who is not a member of the State Bar of Georgia, but who is licensed to practice Jeffrey R. Davis in a state or states other than Georgia, and is in Executive Director good standing in all states in which such person is State Bar of Georgia licensed, may be permitted to appear in the courts of this state in isolated cases in the discretion of the judge of such court; or IN THE SUPREME COURT STATE OF GEORGIA (2)(b) A person who is not a member of the State Bar of Georgia, but who is licensed to practice IN RE: STATE BAR OF GEORGIA in a state or states other than Georgia, and is in Rules and Regulations for its good standing in all states in which such person is Organization and Government licensed, may be permitted to appear in the courts of this state if such person: MOTION TO AMEND 2016-1 (i)(1) is enrolled in a full time graduate degree MOTION TO AMEND THE RULES AND program at an accredited law school in this state; REGULATIONS OF THE and STATE BAR OF GEORGIA (ii)(2) is under the supervision of a resident attor- COMES NOW, the State Bar of Georgia, pursuant to ney; and the authorization of its Board of Governors at its regularly-called meetings on January 9, 2016 and May 6, (iii)(3) limits his or her practice to the appearance 2016, and presents to this Court its Motion to Amend in the courts of this state to the extent necessary the Rules and Regulations of the State Bar of Georgia to carry out the responsibilities of such graduate as originally set forth in an Order of this Court dated degree program. December 6, 1963 (219 Ga. 873), and as amended by subsequent Orders, published at 2014-2015 State (3)(c) A person who is admitted to the Bar as a for- Bar of Georgia Directory and Handbook, pp. 1-H, et seq. eign law consultant pursuant to Part E of the Rules The State Bar respectfully moves that the Rules and Governing the Admission to the Practice of Law as Regulation of the State Bar of Georgia be amended in adopted by the Supreme Court of Georgia, Ga. Ct. the following respect: & Bar Rules, p. 12-1 et seq., may render legal ser-

June 2016 75 vices in the state of Georgia solely with respect to (b) A person who is not a member of the State Bar the laws of the foreign country (i.e., a country other of Georgia, but who is licensed to practice in a state than the United States of America, its possessions or states other than Georgia, and is in good stand- and territories) where such person is admitted to ing in all states in which such person is licensed, practice, to the extent provided by and in strict may be permitted to appear in the courts of this compliance with the provisions of Part D of the state if such person: Rules Governing Admission to Practice, but shall not otherwise render legal services in this Sstate. (1) is enrolled in a full time graduate degree program at an accredited law school in this state; and (4)(d) Persons who are authorized to practice law in this Sstate are hereby authorized to practice law (2) is under the supervision of a resident attorney; as sole proprietorships or as partners, shareholders, and or members of: (3) limits his or her practice to the appearance (i)(1) partnerships under O.C.G.A. § 14-8-1 et. in the courts of this state to the extent necessary seq.; or to carry out the responsibilities of such graduate degree program. (ii)(2) limited liability partnerships under O.C.G.A. § 14-8-1 et. seq.; or (c) A person who is admitted to the Bar as a foreign law consultant pursuant to Part E of the (iii)(3) professional corporations under O.C.G.A. Rules Governing the Admission to the Practice of § 14-7-1 et. seq.; or Law as adopted by the Supreme Court of Georgia, Ga. Ct. & Bar Rules, p. 12-1 et seq., may render (iv)(4) professional associations under O.C.G.A. legal services in the state of Georgia solely with § 14-10-1 et. seq.; or respect to the laws of the foreign country (i.e., a country other than the United States of America, (v)(5) limited liability companies under O.C.G.A. its possessions and territories) where such person § 14-11-100 et. seq. is admitted to practice, to the extent provided by and in strict compliance with the provisions (e) A person who is not a member of the State Bar of Part D of the Rules Governing Admission to of Georgia, but who is allowed to practice law in Practice, but shall not otherwise render legal ser- Georgia on a limited basis pursuant to Supreme vices in this state. Court of Georgia Rules Part XV, Rules 91-95, Student Practice Rule. (d) Persons who are authorized to practice law in this state are hereby authorized to practice law as (f) A person who is not a member of the State Bar sole proprietorships or as partners, shareholders, of Georgia, but who is allowed to practice law in or members of: Georgia on a limited basis pursuant to Supreme Court of Georgia Rules Part XXI, Rule 121, Provision (1) partnerships under O.C.G.A. § 14-8-1 et. seq.; of Legal Services Following Determination of Major or Disaster. (2) limited liability partnerships under O.C.G.A. If the proposed amendments to the Rule are adopted, § 14-8-1 et. seq.; or the amended Rule 1-203. Practice By Active Members; Nonresidents would read as follows: (3) professional corporations under O.C.G.A. § 14-7-1 et. seq.; or Rule 1-203. Practice By Active Members; Nonresidents. (4) professional associations under O.C.G.A. No person shall practice law in this state unless such § 14-10-1 et. seq.; or person is an active member of the State Bar of Georgia in good standing; except as provided below: (5) limited liability companies under O.C.G.A. § 14-11-100 et. seq. (a) A person who is not a member of the State Bar of Georgia, but who is licensed to practice in a state or (e) A person who is not a member of the State Bar states other than Georgia, and is in good standing in of Georgia, but who is allowed to practice law in all states in which such person is licensed, may be per- Georgia on a limited basis pursuant to Supreme mitted to appear in the courts of this state in isolated Court of Georgia Rules Part XV, Rules 91-95, cases in the discretion of the judge of such court; or Student Practice Rule.

76 Georgia Bar Journal (f) A person who is not a member of the State a presence in an office where the practice of law is Bar of Georgia, but who is allowed to practice conducted by the lawyer, to: law in Georgia on a limited basis pursuant to Supreme Court of Georgia Rules Part XXI, Rule 121, (1) represent himself or herself as a lawyer or Provision of Legal Services Following Determination of person with similar status; or Major Disaster. (2) provide any legal advice to have any contact II. with the clients of the lawyer either in person, by telephone or in writing; .or Proposed Amendments to Part IV, Georgia Rules (3) make reasonable efforts to ensure that of Professional Conduct; Chapter 1, Georgia Rules the suspended or disbarred person’s conduct is of Professional Conduct and Enforcement Thereof; compatible with the professional obligations of Rule 4-102. Disciplinary Action; Levels of Discipline; the lawyer have any contact with persons who Georgia Rules of Professional Conduct; Rule 5.3. have legal dealings with the office either in per- Responsibilities Regarding Nonlawyer Assistants son, by telephone or in writing.

It is proposed that Georgia Rule of Professional The maximum penalty for a violation of this Rule is Conduct 5.3 of Part IV; Chapter 1, Rule 4-102 of the disbarment. Rules and Regulations of the State Bar of Georgia be amended by deleting the struck-through sections and Comment inserting the underlined sections as follows: [1] Lawyers generally employ assistants in their Rule 5.3. Responsibilities Regarding Nonlawyer practice, including secretaries, investigators, law Assistants. student interns, suspended or disbarred persons and paraprofessionals. Such assistants, whether With respect to a nonlawyer employed or retained employees or independent contractors, act for the by or associated with a lawyer: lawyer in rendition of the lawyer’s professional services. A lawyer should give such assistants (a) a partner, and a lawyer who individually or appropriate instruction and supervision concerning together with other lawyers possesses manage- the ethical aspects of their employment, particularly rial authority in a law firm, shall make reasonable regarding the obligation not to disclose information efforts to ensure that the firm has in effect measures relating to representation of the client, and should giving reasonable assurance that the person’s con- be responsible for their work product. The measures duct is compatible with the professional obligations employed in supervising nonlawyers should take of the lawyer; account of the fact that they do not have legal training and are not subject to professional discipline. (b) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to [2] Paragraph (a) requires lawyers with manage- ensure that the person’s conduct is compatible with rial authority within a law firm to make reasonable the professional obligations of the lawyer; efforts to establish internal policies and procedures designed to provide reasonable assurance that (c) a lawyer shall be responsible for conduct of such nonlawyers in the firm will act in a way compatible a person that would be a violation of the Georgia with the Georgia Rules of Professional Conduct. See Rules of Professional Conduct if engaged in by a Comment [1] to Rule 5.1. Paragraph (b) applies to lawyer if: lawyers who have supervisory authority over the work of a nonlawyer. Paragraph (c) specifies the (1) the lawyer orders or, with the knowledge of the circumstances in which a lawyer is responsible for specific conduct, ratifies the conduct involved; or conduct of a nonlawyer that would be a violation of the Georgia Rules of Professional Conduct if (2) the lawyer is a partner in the law firm in engaged in by a lawyer. which the person is employed, or has direct supervisory authority over the person, and knows of [3] The prohibitions of paragraph (d) apply to the conduct at a time when its consequences can professional conduct and not to social conversation be avoided or mitigated but fails to take reason- unrelated to the representation of clients or legal able remedial action; and dealings of the law office, or the gathering of general information in the course of working in a law (d) a lawyer shall not allow any person who has office. The thrust of the restriction is are to prevent been suspended or disbarred and who maintains the unauthorized practice of law in a law office by

June 2016 77 a person who has been suspended or disbarred. A The maximum penalty for a violation of this Rule is lawyer who allows a suspended or disbarred lawyer disbarment. to work in a law office must exercise special care to ensure that the former lawyer complies with these Comment rules, and that clients of the firm understand the former lawyer’s role. [1] Lawyers generally employ assistants in their practice, including secretaries, investigators, law If the proposed amendments to the Rule are adopted, student interns, and paraprofessionals. Such assis- the amended Georgia Rule of Professional Conduct tants, whether employees or independent contrac- 5.3. Responsibilities Regarding Nonlawyer Assistants tors, act for the lawyer in rendition of the lawyer’s would read as follows: professional services. A lawyer should give such assistants appropriate instruction and supervision Rule 5.3. Responsibilities Regarding Nonlawyer concerning the ethical aspects of their employment, Assistants. particularly regarding the obligation not to disclose information relating to representation of the client, With respect to a nonlawyer employed or and should be responsible for their work product. retained by or associated with a lawyer: The measures employed in supervising nonlawyers should take account of the fact that they do not have (a) a partner, and a lawyer who individually or legal training and are not subject to professional together with other lawyers possesses managerial discipline. authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect mea- [2] Paragraph (a) requires lawyers with manage- sures giving reasonable assurance that the per- rial authority within a law firm to make reasonable son’s conduct is compatible with the professional efforts to establish internal policies and procedures obligations of the lawyer; designed to provide reasonable assurance that nonlawyers in the firm will act in a way compatible (b) a lawyer having direct supervisory authority with the Georgia Rules of Professional Conduct. See over the nonlawyer shall make reasonable efforts Comment [1] to Rule 5.1. Paragraph (b) applies to to ensure that the person’s conduct is compatible lawyers who have supervisory authority over the with the professional obligations of the lawyer; work of a nonlawyer. Paragraph (c) specifies the circumstances in which a lawyer is responsible for (c) a lawyer shall be responsible for conduct of conduct of a nonlawyer that would be a violation such a person that would be a violation of the of the Georgia Rules of Professional Conduct if Georgia Rules of Professional Conduct if engaged engaged in by a lawyer. in by a lawyer if: [3] The prohibitions of paragraph (d) are to prevent (1) the lawyer orders or, with the knowledge the unauthorized practice of law in a law office by of the specific conduct, ratifies the conduct a person who has been suspended or disbarred. A involved; or lawyer who allows a suspended or disbarred lawyer to work in a law office must exercise special care to (2) the lawyer is a partner in the law firm in ensure that the former lawyer complies with these which the person is employed, or has direct rules, and that clients of the firm understand the supervisory authority over the person, and former lawyer’s role. knows of the conduct at a time when its consequences can be avoided or mitigated but fails to III. take reasonable remedial action; and Proposed Amendments to Part IV, Georgia Rules (d) a lawyer shall not allow any person who has of Professional Conduct; Chapter 2, Disciplinary been suspended or disbarred and who maintains Proceedings; Rule 4-210. Powers and Duties of Special a presence in an office where the practice of law is Masters. conducted by the lawyer, to: It is proposed that Rule 4-210 of Part IV; Chapter 2 of (1) represent himself or herself as a lawyer or the Rules and Regulations of the State Bar of Georgia be person with similar status; or amended by deleting the struck-through sections and inserting the underlined sections as follows: (2) provide any legal advice to the clients of the lawyer either in person, by telephone or in writing.

78 Georgia Bar Journal Rule 4-210. Powers and Duties of Special Masters. law of Georgia applicable to discovery in civil cases; In accordance with these Rules a duly appointed Special Master or Hearing Officer shall have the (12) in disciplinary cases, to make a recommen- following powers and duties: dation of discipline, and in emergency suspension cases a recommendation as to whether the (1) to exercise general supervision over assigned Rrespondent should be suspended pending fur- disciplinary proceedings and to perform all duties ther disciplinary proceedings; and specifically enumerated in these Rules; (13) to conduct and exercise general supervision (2) to rule on all questions concerning the suffi- over hearings for the Board to Determine Fitness ciency of the formal complaint; of Bar Applicants and to make written findings of fact and recommendations pursuant to Part A, (3) to conduct the negotiations between the State Section 8 of the Rules Governing Admission to Bar of Georgia and the Rrespondent, whether at the Practice of Law in Georgia. a pretrial meeting set by the Special Master or at any other time; If the proposed amendments to the Rule are adopted, the amended Rule 4-210. Powers and Duties of Special (4) to receive and evaluate any Petition for Master would read as follows: Voluntary Discipline; Rule 4-210. Powers and Duties of Special Masters. (5) to grant continuances and to extend any time limit provided for herein as to any pending mat- In accordance with these Rules a duly appointed ter; Special Master or Hearing Officer shall have the following powers and duties: (6) to apply to the Coordinating Special Master for leave to withdraw and for the appointment (1) to exercise general supervision over assigned of a successor in the event that he or she becomes disciplinary proceedings and to perform all duties incapacitated to perform his or her duties or in the specifically enumerated in these Rules; event that he or she learns that he or she and the Rrespondent reside in the same circuit; (2) to rule on all questions concerning the suffi- ciency of the formal complaint; (7) to hear, determine and consolidate action on the complaints, where there are multiple com- (3) to conduct the negotiations between the State plaints against a Rrespondent growing out of Bar of Georgia and the respondent, whether at a different transactions, whether they involve one pretrial meeting set by the Special Master or at or more complainants, and may proceed to make any other time; recommendations on each complaint as constitut- ing a separate offense; (4) to receive and evaluate any Petition for Voluntary Discipline; (8) to sign subpoenas and exercise the powers described in Bar Rule 4-221(b); (5) to grant continuances and to extend any time limit provided for herein as to any pending matter; (9) to preside over evidentiary hearings and to decide questions of law and fact raised during (6) to apply to the Coordinating Special Master such hearings; for leave to withdraw and for the appointment of a successor in the event that he or she becomes (10) to make findings of fact and conclusions of incapacitated to perform his or her duties or in the law as hereinafter provided and to submit his event that he or she learns that he or she and the or her findings for consideration by the Review respondent reside in the same circuit; Panel or the Supreme Court of Georgia in accordance with Bar Rule 4-217; (7) to hear, determine and consolidate action on the complaints, where there are multiple com- (11) to exercise general supervision over dis- plaints against a respondent growing out of dif- covery by parties to disciplinary proceedings ferent transactions, whether they involve one or and to conduct such hearings and sign all more complainants, and may proceed to make appropriate pleadings and orders pertaining recommendations on each complaint as constitut- to such discovery as are provided for by the ing a separate offense;

June 2016 79 (8) to sign subpoenas and exercise the powers State Disciplinary Board shall conduct an investi- described in Bar Rule 4-221(b); gation and determine whether to accept or reject the petition as outlined at Bar Rule 4-203 (a) (9). (9) to preside over evidentiary hearings and to … decide questions of law and fact raised during such hearings; If the proposed amendments to the Rule are adopted, the amended Rule 4-227. Petitions For Voluntary (10) to make findings of fact and conclusions of Discipline would read as follows: law as hereinafter provided and to submit his or her findings for consideration by the Review Rule 4-227. Petitions for Voluntary Discipline. Panel or the Supreme Court of Georgia in accordance with Bar Rule 4-217; (a) A petition for voluntary discipline shall contain admissions of fact and admissions of conduct in (11) to exercise general supervision over discov- violation of Part IV, Chapter 1 of these Rules suf- ery by parties to disciplinary proceedings and to ficient to authorize the imposition of discipline. conduct such hearings and sign all appropriate pleadings and orders pertaining to such discov- (b) Prior to the issuance of a formal complaint, a ery as are provided for by the law of Georgia respondent may submit a petition for voluntary applicable to discovery in civil cases; discipline seeking any level of discipline authorized under these rules. (12) in disciplinary cases, to make a recommendation of discipline, and in emergency suspen- (1) Those petitions seeking private discipline shall sion cases a recommendation as to whether the be served on the Office of the General Counsel and respondent should be suspended pending further assigned to a member of the Investigative Panel. disciplinary proceedings; and The Investigative Panel of the State Disciplinary Board shall conduct an investigation and deter- (13) to conduct and exercise general supervision mine whether to accept or reject the petition as over hearings for the Board to Determine Fitness outlined at Bar Rule 4-203 (a) (9). of Bar Applicants and to make written findings of fact and recommendations pursuant to Part A, (2) Those petitions seeking public discipline shall Section 8 of the Rules Governing Admission to be filed directly with the Clerk of the Supreme the Practice of Law in Georgia. Court of Georgia. The Office of the General Counsel shall have 30 days within which to file IV. a response. The Court shall issue an appropriate order. Proposed Amendments to Part IV, Georgia Rules of Professional Conduct; Chapter 2, Disciplinary (c) After the issuance of a formal complaint a Proceedings; Rule 4-227. Petitions For Voluntary respondent may submit a petition for voluntary Discipline. discipline seeking any level of discipline authorized under these Rules. It is proposed that Rule 4-227 of Part IV; Chapter 2 of the Rules and Regulations of the State Bar of Georgia be (1) The petition shall be filed with the Clerk of the amended by deleting the struck-through sections and State Disciplinary Board at the headquarters of inserting the underlined sections as follows: the State Bar of Georgia and copies served upon the Special Master and all parties to the disciplin- Rule 4-227. Petitions for Voluntary Discipline. ary proceeding. The Special Master shall allow Bar counsel 30 days within which to respond. The … Office of the General Counsel may assent to the petition or may file a response, stating objections (b) Prior to the issuance of a formal complaint, a and giving the reasons therefor. The Office of the respondent may submit a petition for voluntary General Counsel shall serve a copy of its response discipline seeking any level of discipline autho- upon the respondent. rized under these rules. (2) The Special Master shall consider the peti- (1) Those petitions seeking private discipline tion, the State Bar of Georgia’s response, and the shall be filed with served on the Office of the record as it then exists and may accept or reject General Counsel and assigned to a member of the the petition for voluntary discipline. Investigative Panel. The Investigative Panel of the

80 Georgia Bar Journal (3) The Special Master may reject a petition for Rule 8-106. Hours and Accreditation. such cause or causes as seem appropriate to the Special Master. Such causes may include but are (A) Hours not limited to a finding that: … (7) Trial Observation. Every trial encompasses many (i) the petition fails to contain admissions of fact aspects of the practice of law that are consistently and admissions of conduct in violation of Part taught in both law school and continuing legal edu- IV, Chapter 1 of these Rules sufficient to autho- cation seminars. Observing how this education is rize the imposition of discipline; applied into actual practice in the form of a current trial is, in and of itself, very educational. Its impor- (ii) the petition fails to request appropriate distance in achieving competency as a lawyer cannot be cipline; emphasized enough. To encourage this, CLE credit for observing trials is available under the following (iii) the petition fails to contain sufficient infor- guidelines mation concerning the admissions of fact and the admissions of conduct; a. Jury trials, bench trials, motion hearings and appellate court arguments in any Federal or State (iv) the record in the proceeding does not con- court are eligible. Administrative hearings, trials tain sufficient information upon which to base a and probate court, and mediations/arbitrations are decision to accept or reject. also eligible.

(4) The Special Master’s decision to reject a peti- b. Proceedings in magistrate court and pro se matters tion for voluntary discipline does not preclude the are not eligible. filing of a subsequent petition and is not subject to review by either the Review Panel or the Supreme c. Credit is not available for trials in which the Court of Georgia. If the Special Master rejects a member takes an active role in the trial or any phase petition for voluntary discipline, the disciplinary thereof. case shall proceed as provided by these Rules. d. The credit shall be treated as In-House and subject (5) If the Special Master accepts the petition to the limitations of Regulation 5e 8 (e) under Rule for voluntary discipline, he or she shall enter 8-106 (B). a report making findings of fact and conclusions of law and deliver same to the Clerk of the e. The credit is not eligible for ethics or professional- State Disciplinary Board. The Clerk of the State ism CLE. Disciplinary Board shall file the report and the complete record in the disciplinary proceeding f. The credit is self-reported to the CCLC and must with the Clerk of the Supreme Court of Georgia. include: A copy of the Special Master’s report shall be served upon the respondent. The Supreme Court l member’s name and bar number of Georgia shall issue an appropriate order. l the name of the court, parties, date of trial and type of trial (6) Pursuant to Rule 4-210 (5), the Special Master l the credit applicable (actual time rounded to may in his or her discretion extend any of the time nearest tenth of an hour) limits in these Rules in order to adequately con- l the administrative fee required by Rule 8-103 (C) sider a petition for voluntary discipline. (2) (currently $5 per credit hour)

V. If the proposed amendments to the Rule are adopted, the amended Rule 8-106 (A) (7) would read as follows: Proposed Amendments to Part VIII, Continuing Legal Education; Chapter 1, Minimum Requirements For (A) Hours Continuing Legal Education; Rule 8-106. Hours and … Accreditation; Subsection (A)(7), Hours; (7) Trial Observation. Every trial encompasses many aspects of the practice of law that are consistently It is proposed that Rule 8-106 of Part VIII; Chapter 1 taught in both law school and continuing legal educa- of the Rules and Regulations of the State Bar of Georgia tion seminars. Observing how this education is applied be amended by deleting the struck-through sections into actual practice in the form of a current trial is, in and inserting the underlined sections as follows: and of itself, very educational. Its importance in achieving competency as a lawyer cannot be emphasized

June 2016 81 enough. To encourage this, CLE credit for observing (b) If client informed consent is permissible a lawyer trials is available under the following guidelines may represent a client notwithstanding a significant risk of material and adverse effect if each affected a. Jury trials, bench trials, motion hearings and client or former client gives informed consent, con- appellate court arguments in any Federal or State firmed in writing, to the representation after: court are eligible. Administrative hearings, trials and probate court, and mediations/arbitrations are (1) consultation with the lawyer, pursuant to also eligible. Rule 1.0 (c);

b. Proceedings in magistrate court and pro se mat- (2) having received in writing reasonable and ters are not eligible. adequate information about the material risks of and reasonable available alternatives to the c. Credit is not available for trials in which the representation, and member takes an active role in the trial or any phase thereof. (3) having been given the opportunity to consult with independent counsel. d. The credit shall be treated as In-House and subject to the limitations of Regulation 8 (e) under (c) Client informed consent is not permissible if the Rule 8-106 (B). representation:

e. The credit is not eligible for ethics or profes- (1) is prohibited by law or these Rules; sionalism CLE. (2) includes the assertion of a claim by one client f. The credit is self-reported to the CCLC and must against another client represented by the lawyer include: in the same or substantially related proceeding; or

l member’s name and bar number (3) involves circumstances rendering it reason- l the name of the court, parties, date of trial and ably unlikely that the lawyer will be able to pro- type of trial vide adequate representation to one or more of l the credit applicable (actual time rounded to the affected clients. nearest tenth of an hour) l the administrative fee required by Rule 8-103 (C) (d) Though otherwise subject to the provisions of (2) (currently $5 per credit hour) this Rule, a part-time prosecutor who engages in the private practice of law may represent a private VI. client adverse to the state or other political subdivision that the lawyer represents as a part-time Proposed Amendments to Part IV, Georgia Rules prosecutor, except with regard to matters for which of Professional Conduct; Chapter 1, Georgia Rules the part-time prosecutor had or has prosecutorial of Professional Conduct and Enforcement Thereof; authority or responsibility. Rule 4-102. Disciplinary Action; Levels of Discipline; Georgia Rules of Professional Conduct; Rule 1.7. The maximum penalty for a violation of this Rule is Conflict of Interest: General Rule disbarment.

It is proposed that Georgia Rule of Professional COMMENT: Conduct 1.7 of Part IV; Chapter 1, Rule 4-102 of the … Rules and Regulations of the State Bar of Georgia be [4] As a general proposition, loyalty to a client pro- amended by deleting the struck-through sections and hibits undertaking representation directly adverse inserting the underlined sections as follows: to that client without that client’s informed consent. Paragraphs (b) and (c) express that general rule. Rule 1.7. Conflict of Interest: General Rule Thus, a lawyer ordinarily may not act as advocate against a person the lawyer represents in some other (a) A lawyer shall not represent or continue to matter, even if it is wholly unrelated. Paragraph (d) represent a client if there is a significant risk that states an exception to that general rule. A part-time the lawyer’s own interests or the lawyer’s duties to prosecutor does not automatically have a conflict another client, a former client, or a third person will of interest in representing a private client who is materially and adversely affect the representation adverse to the state or other political subdivision of the client, except as permitted in (b). (such as a city or county) that the lawyer represents

82 Georgia Bar Journal as a part-time prosecutor, although it is possible that (a) A lawyer shall not represent or continue to in a particular case, the part-time prosecutor could represent a client if there is a significant risk that have a conflict of interest under paragraph (a). the lawyer’s own interests or the lawyer’s duties to another client, a former client, or a third person will Simultaneous representation in unrelated matters of materially and adversely affect the representation clients whose interests are only generally adverse, of the client, except as permitted in (b). such as competing economic enterprises, does not require informed consent of the respective clients. (b) If client informed consent is permissible a lawyer … may represent a client notwithstanding a significant [16] For the purposes of 1.7 (d), part-time prosecutors risk of material and adverse effect if each affected include but are not limited to part-time solicitors- client or former client gives informed consent, con- general, part-time assistant solicitors-general, part- firmed in writing, to the representation after: time probate court prosecutors, part-time magistrate court prosecutors, part-time municipal court pros- (1) consultation with the lawyer, pursuant to Rule ecutors, special assistant attorneys general, part-time 1.0 (c); juvenile prosecutors and prosecutors pro tem. (2) having received in writing reasonable and [17] Pragmatic considerations require that the rules adequate information about the material risks of treat a lawyer serving as a part-time prosecutor dif- and reasonable available alternatives to the repre- ferently. See Thompson v. State, 254 Ga. 393, 396-397 sentation, and (1985). (3) having been given the opportunity to consult Special Considerations in Common Representation with independent counsel.

[18] As to the duty of confidentiality, continued com- (c) Client informed consent is not permissible if mon representation will almost certainly be inad- the representation: equate if one client asks the lawyer not to disclose to the other client information relevant to the common (1) is prohibited by law or these Rules; representation. This is so because the lawyer has an equal duty of loyalty to each client, and each client (2) includes the assertion of a claim by one client has the right to be informed of anything bearing against another client represented by the lawyer on the representation that might affect that client’s in the same or substantially related proceeding; or interests and the right to expect that the lawyer will use that information to that client’s benefit. See Rule (3) involves circumstances rendering it reason- 1.4. The lawyer should, at the outset of the common ably unlikely that the lawyer will be able to pro- representation and as part of the process of obtain- vide adequate representation to one or more of ing each client’s informed consent, advise each client the affected clients. that information will be shared and that the lawyer will have to withdraw if one client decides that some (d) Though otherwise subject to the provisions of matter material to the representation should be kept this Rule, a part-time prosecutor who engages in from the other. In limited circumstances, it may the private practice of law may represent a private be appropriate for the lawyer to proceed with the client adverse to the state or other political sub- representation when the clients have agreed, after division that the lawyer represents as a part-time being properly informed, that the lawyer will keep prosecutor, except with regard to matters for which certain information confidential. For example, the the part-time prosecutor had or has prosecutorial lawyer may reasonably conclude that failure to dis- authority or responsibility. close one client’s trade secrets to another client will not adversely affect representation involving a joint The maximum penalty for a violation of this Rule is venture between the clients and agree to keep that disbarment. information confidential with the informed consent of both clients. COMMENT:

If the proposed amendments to the Rule are adopted, Loyalty to a Client the amended Georgia Rule of Professional Conduct 1.7 would read as follows: [1] Loyalty and independent judgment are essential elements in the lawyer’s relationship to a client. If an Rule 1.7. Conflict of Interest: General Rule impermissible conflict of interest exists before representation is undertaken the representation should

June 2016 83 be declined. The lawyer should adopt reasonable disinterested lawyer would conclude that the client procedures, appropriate for the size and type of firm should not agree to the representation under the and practice, to determine in both litigation and non- circumstances, the lawyer involved cannot properly litigation matters the parties and issues involved and ask for such agreement or provide representation to determine whether there are actual or potential on the basis of the client’s informed consent. When conflicts of interest. more than one client is involved, the question of conflict must be resolved as to each client. Moreover, [2] Loyalty to a client is impaired when a lawyer can- there may be circumstances where it is impossible not consider, recommend or carry out an appropriate to make the disclosure necessary to obtain informed course of action for the client because of the lawyer’s consent. For example, when the lawyer represents other competing responsibilities or interests. The con- different clients in related matters and one of the flict in effect forecloses alternatives that would other- clients refuses to give informed consent to the disclo- wise be available to the client. Paragraph (a) addresses sure necessary to permit the other client to make an such situations. A possible conflict does not itself informed decision, the lawyer cannot properly ask preclude the representation. The critical questions the latter to give informed consent. If informed con- are the likelihood that a conflict will eventuate and, sent is withdrawn, the lawyer should consult Rule if it does, whether it will materially interfere with the 1.9 and Rule 1.16. lawyer’s independent professional judgment in considering alternatives or foreclose courses of action that [5A] Paragraph (b) requires the lawyer to obtain the reasonably should be pursued on behalf of the client. informed consent of the client, confirmed in writing. Consideration should be given to whether the client Such a writing may consist of a document executed wishes to accommodate the other interest involved. by the client or one that the lawyer promptly records and transmits to the client following an oral consent. [3] If an impermissible conflict arises after represen- See Rule 1.0(b). See also Rule 1.0(s) (writing includes tation has been undertaken, the lawyer should with- electronic transmission). If it is not feasible to obtain draw from the representation. See Rule 1.16. Where or transmit the writing at the time the client gives more than one client is involved and the lawyer informed consent, then the lawyer must obtain or withdraws because a conflict arises after representa- transmit it within a reasonable time thereafter. See tion, whether the lawyer may continue to represent Rule 1.0(b). The requirement of a writing does not any of the clients is determined by Rule 1.9. As to supplant the need in most cases for the lawyer to whether a client-lawyer relationship exists or, having talk with the client, to explain the risks and advan- once been established, is continuing, see Comment 4 to tages, if any, of representation burdened with a Rule 1.3 and Scope. conflict of interest, as well as reasonably available alternatives, and to afford the client a reasonable [4] As a general proposition, loyalty to a client pro- opportunity to consider the risks and alternatives hibits undertaking representation directly adverse and to raise questions and concerns. Rather, the to that client without that client’s informed consent. writing is required in order to impress upon clients Thus, a lawyer ordinarily may not act as advocate the seriousness of the decision the client is being against a person the lawyer represents in some other asked to make and to avoid disputes or ambiguities matter, even if it is wholly unrelated. Paragraph (d) that might later occur in the absence of a writing. states an exception to that general rule. A part-time prosecutor does not automatically have a conflict Lawyer’s Interests of interest in representing a private client who is adverse to the state or other political subdivision [6] The lawyer’s personal or economic interests (such as a city or county) that the lawyer represents should not be permitted to have an adverse effect on as a part-time prosecutor, although it is possible that representation of a client. See Rules 1.1 and 1.5. If the in a particular case, the part-time prosecutor could propriety of a lawyer’s own conduct in a transaction have a conflict of interest under paragraph (a). is in serious question, it may be difficult or impossible for the lawyer to give a client objective advice. Simultaneous representation in unrelated matters of A lawyer may not allow related business interests clients whose interests are only generally adverse, to affect representation, for example, by referring such as competing economic enterprises, does not clients to an enterprise in which the lawyer has an require informed consent of the respective clients. undisclosed interest.

Consultation and Informed Consent Conflicts in Litigation

[5] A client may give informed consent to represen- [7] Paragraph (c)(2) prohibits representation of tation notwithstanding a conflict. However when a opposing parties in the same or a similar proceed-

84 Georgia Bar Journal ing including simultaneous representation of parties counsel’s professional independence. So also, when whose interests may conflict, such as co-plaintiffs or a corporation and its directors or employees are co-defendants. An impermissible conflict may exist involved in a controversy in which they have con- by reason of substantial discrepancy in the parties’ flicting interests, the corporation may provide funds testimony, incompatibility in positions in relation to for separate legal representation of the directors or an opposing party or the fact that there are substan- employees, if the clients give informed consent and tially different possibilities of settlement of the claims the arrangement ensures the lawyer’s professional or liabilities in question. Such conflicts can arise in independence. criminal cases as well as civil. The potential for conflict of interest in representing multiple defendants Non-litigation Conflicts in a criminal case is so grave that ordinarily a lawyer should decline to represent more than one co-defen- [11] Conflicts of interest in contexts other than litiga- dant. On the other hand, common representation of tion sometimes may be difficult to assess. Relevant persons having similar interests is proper if the risk factors in determining whether there is potential for of adverse effect is minimal, the requirements of material and adverse effect include the duration and paragraph (b) are met, and consent is not prohibited extent of the lawyer’s relationship with the client or by paragraph (c). clients involved, the functions being performed by the lawyer, the likelihood that actual conflict will [8] Ordinarily, a lawyer may not act as advocate arise and the likely prejudice to the client from the against a client the lawyer represents in some other conflict if it does arise. matter, even if the other matter is wholly unrelated. However, there are circumstances in which a lawyer [12] In a negotiation common representation is per- may act as advocate against a client. For example, missible where the clients are generally aligned in a lawyer representing an enterprise with diverse interest even though there is some difference of inter- operations may accept employment as an advocate est among them. against the enterprise in an unrelated matter if doing so will not adversely affect the lawyer’s relationship [13] Conflict questions may also arise in estate with the enterprise or conduct of the suit and if both planning and estate administration. A lawyer may clients give informed consent as required by para- be called upon to prepare wills for several family graph (b). By the same token, government lawyers members, such as husband and wife, and, depend- in some circumstances may represent government ing upon the circumstances, a conflict of interest employees in proceedings in which a government may arise. In estate administration the identity of the entity is the opposing party. The propriety of concur- client may be unclear under the law of a particular rent representation can depend on the nature of the jurisdiction. Under one view, the client is the fidu- litigation. For example, a suit charging fraud entails ciary; under another view the client is the estate or conflict to a degree not involved in a suit for a declar- trust, including its beneficiaries. The lawyer should atory judgment concerning statutory interpretation. make clear the relationship to the parties involved.

[9] A lawyer may represent parties having antago- [14] A lawyer for a corporation or other organiza- nistic positions on a legal question that has arisen in tion who is also a member of its board of directors different cases, unless representation of either client should determine whether the responsibilities of the would be adversely affected. Thus, it is ordinarily two roles may conflict. The lawyer may be called not improper to assert such positions in cases while on to advise the corporation in matters involving they are pending in different trial courts, but it may actions of the directors. Consideration should be be improper to do so should one or more of the cases given to the frequency with which such situations reach the appellate court. may arise, the potential intensity of the conflict, the effect of the lawyer’s resignation from the board Interest of Person Paying for a Lawyer’s Service and the possibility of the corporation’s obtaining legal advice from another lawyer in such situations. [10] A lawyer may be paid from a source other than If there is material risk that the dual role will com- the client, if the client is informed of that fact and promise the lawyer’s independence of professional gives informed consent and the arrangement does judgment, the lawyer should not serve as a director. not compromise the lawyer’s duty of loyalty to the client. See Rule 1.8(f). For example, when an insurer Conflict Charged by an Opposing Party and its insured have conflicting interests in a matter arising from a liability insurance agreement, and the [15] Resolving questions of conflict of interest is pri- insurer is required to provide special counsel for the marily the responsibility of the lawyer undertaking insured, the arrangement should assure the special the representation. In litigation, a court may raise

June 2016 85 the question when there is reason to infer that the Rule 4-102. Disciplinary Action; Levels of Discipline; lawyer has neglected the responsibility. In a criminal Georgia Rules of Professional Conduct; Rule 4.4. case, inquiry by the court is generally required when Conflict of Interest: General Rule a lawyer represents multiple defendants. Where the conflict is such as clearly to call into question the It is proposed that Georgia Rule of Professional fair or efficient administration of justice, opposing Conduct 1.7 of Part IV; Chapter 1, Rule 4-102 of the counsel may properly raise the question. Such an Rules and Regulations of the State Bar of Georgia be objection should be viewed with caution, however, amended by deleting the struck-through sections and for it can be misused as a technique of harassment. inserting the underlined sections as follows: See Scope. Rule 4.4. Respect for Rights of Third Persons [16] For the purposes of 1.7 (d), part-time prosecutors include but are not limited to part-time solicitors- (a) In representing a client, a lawyer shall not use general, part-time assistant solicitors-general, part- means that have no substantial purpose other than time probate court prosecutors, part-time magistrate to embarrass, delay, or burden a third person, or court prosecutors, part-time municipal court pros- use methods of obtaining evidence that violate the ecutors, special assistant attorneys general, part-time legal rights of such a person. juvenile prosecutors and prosecutors pro tem. (b) A lawyer who receives a document or electron- [17] Pragmatic considerations require that the rules ically stored information relating to the representa- treat a lawyer serving as a part-time prosecutor dif- tion of the lawyer’s client and knows or reasonably ferently. See Thompson v. State, 254 Ga. 393, 396-397 should know that the document or electronically (1985). stored information was inadvertently sent shall promptly notify the sender. Special Considerations in Common Representation The maximum penalty for a violation of this Rule is [18] As to the duty of confidentiality, continued com- a public reprimand. mon representation will almost certainly be inadequate if one client asks the lawyer not to disclose to Comment the other client information relevant to the common representation. This is so because the lawyer has an [1] Responsibility to a client requires a lawyer to equal duty of loyalty to each client, and each client subordinate the interests of others to those of the has the right to be informed of anything bearing client, but that responsibility does not imply that a on the representation that might affect that client’s lawyer may disregard the rights of third persons. It interests and the right to expect that the lawyer will is impractical to catalogue all such rights, but they use that information to that client’s benefit. See Rule include legal restrictions on methods of obtaining 1.4. The lawyer should, at the outset of the common evidence from third persons and unwarranted intru- representation and as part of the process of obtaining sions into privileged relationships. each client’s informed consent, advise each client that information will be shared and that the lawyer will [2] Paragraph (b) recognizes that lawyers sometimes have to withdraw if one client decides that some mat- receive a document or electronically stored informa- ter material to the representation should be kept from tion that was mistakenly sent or produced by oppos- the other. In limited circumstances, it may be appro- ing parties or their lawyers. A document or electroni- priate for the lawyer to proceed with the representa- cally stored information is inadvertently sent when tion when the clients have agreed, after being properly it is accidentally transmitted, such as when an email informed, that the lawyer will keep certain informa- or letter is misaddressed or a document or electroni- tion confidential. For example, the lawyer may rea- cally stored information is accidentally included with sonably conclude that failure to disclose one client’s information that was intentionally transmitted. If a trade secrets to another client will not adversely affect lawyer knows or reasonably should know that such representation involving a joint venture between the a document or electronically stored information was clients and agree to keep that information confidential sent inadvertently, then this Rule requires the law- with the informed consent of both clients. yer to promptly notify the sender in order to permit that person to take protective measures. Whether VII. the lawyer is required to take additional steps, such as returning the document or electronically stored Proposed Amendments to Part IV, Georgia Rules information, is a matter of law beyond the scope of of Professional Conduct; Chapter 1, Georgia Rules these Rules, as is the question of whether the privi- of Professional Conduct and Enforcement Thereof; leged status of a document or electronically stored

86 Georgia Bar Journal information has been waived. Similarly, this Rule If a lawyer knows or reasonably should know that does not address the legal duties of a lawyer who such a document or electronically stored information receives a document or electronically stored infor- was sent inadvertently, then this Rule requires the mation that the lawyer knows or reasonably should lawyer to promptly notify the sender in order to per- know may have been inappropriately obtained by mit that person to take protective measures. Whether the sending person. For purposes of this Rule, ‘‘docu- the lawyer is required to take additional steps, such ment or electronically stored information’’ includes, as returning the document or electronically stored in addition to paper documents, email and other information, is a matter of law beyond the scope of forms of electronically stored information, including these Rules, as is the question of whether the privi- embedded data (commonly referred to as “metada- leged status of a document or electronically stored ta”), that is subject to being read or put into readable information has been waived. Similarly, this Rule form. Metadata in electronic documents creates an does not address the legal duties of a lawyer who obligation under this Rule only if the receiving law- receives a document or electronically stored infor- yer knows or reasonably should know that the meta- mation that the lawyer knows or reasonably should data was inadvertently sent to the receiving lawyer. know may have been inappropriately obtained by the sending person. For purposes of this Rule, ‘‘docu- If the proposed amendments to the Rule are adopted, ment or electronically stored information’’ includes, the amended Georgia Rule of Professional Conduct 4.4 in addition to paper documents, email and other would read as follows: forms of electronically stored information, including embedded data (commonly referred to as “metada- Rule 4.4 Respect For Rights Of Third Persons ta”), that is subject to being read or put into readable form. Metadata in electronic documents creates an (a) In representing a client, a lawyer shall not use obligation under this Rule only if the receiving law- means that have no substantial purpose other than yer knows or reasonably should know that the meta- to embarrass, delay, or burden a third person, or data was inadvertently sent to the receiving lawyer. use methods of obtaining evidence that violate the legal rights of such a person. SO MOVED, this _____ day of ______, (b) A lawyer who receives a document or electron- 2016. ically stored information relating to the representation of the lawyer’s client and knows or reasonably Counsel for the State Bar of Georgia should know that the document or electronically stored information was inadvertently sent shall promptly notify the sender. ______The maximum penalty for a violation of this Rule is William D. NeSmith III a public reprimand. Deputy General Counsel

Comment OFFICE OF THE GENERAL COUNSEL State Bar of Georgia [1] Responsibility to a client requires a lawyer to 104 Marietta St. NE, Suite 100 subordinate the interests of others to those of the Atlanta, Georgia 30303 client, but that responsibility does not imply that a (404) 527-8720 lawyer may disregard the rights of third persons. It is impractical to catalogue all such rights, but they include legal restrictions on methods of obtaining evidence from third persons and unwarranted intru- sions into privileged relationships. Share Ideas! [2] Paragraph (b) recognizes that lawyers some- Join a Section Online. times receive a document or electronically stored Log in to your account at information that was mistakenly sent or produced www.gabar.org and select “Join a by opposing parties or their lawyers. A document or Section” or simply check the box on electronically stored information is inadvertently sent when it is accidentally transmitted, such as when an your dues notice and add the payment email or letter is misaddressed or a document or elec- to your remittance. tronically stored information is accidentally included with information that was intentionally transmitted.

June 2016 87 Supreme Court Approves Amendments to the Rules and Regulations for the Organization and Government of the State Bar of Georgia

The Supreme Court of Georgia having considered of a cancelled or dishonored payment of any type or Motion 2015-3 to Amend the Rules and Regulations kind for the current and prior years have been paid for the Organization and Government of the State in full, the member shall automatically be reinstated Bar of Georgia, it is ordered that Part I – Creation and to the status of member in good standing, except as Organization, Chapter 2, Rule 1-204 (Good Standing); provided in section (b) of this Rule. Chapter 5, Rule 1-501 (License Fees); Part VII – Lawyer Assistance Program, Chapter 2, Rule 7-202 (Volunteers); (b) In the event a member of the State Bar of and Chapter 3, Rule 7-301 (Contracts Generally), be Georgia is delinquent in the payment of any license amended effective May 5, 2016 to read as follows: fee, late fee, assessment, reinstatement fee, or cost, charge or penalty incurred by the State Bar of PART I Georgia as the result of a cancelled or dishonored CREATION AND ORGANIZATION payment of any type or kind and of any nature for a period of one year, the member shall be automati- CHAPTER 2 cally suspended and shall not practice law in this MEMBERSHIP state. The suspended member may thereafter lift such suspension only upon the successful comple- Rule 1-204. Good Standing. tion of all of the following terms and conditions:

No lawyer shall be deemed a member in good (1) payment of all outstanding dues, assessments, standing: late fees, reinstatement fees, and any and all penalties due and owing before or accruing after the (a) while delinquent after September 1 of any year suspension of membership; for nonpayment of the annual license fee and any costs or fees of any type as prescribed in Chapter 5, (2) provision to the membership section of the Rule 1-501 (a)-(c); State Bar of Georgia of the following:

(b) while suspended for disciplinary reasons; (i) a certificate from the Office of the General Counsel of the State Bar of Georgia that the sus- (c) while disbarred; pended member is not presently subject to any disciplinary procedure; (d) while suspended for failure to comply with continuing legal education requirements; or (ii) a certificate from the Commission on Continuing Lawyer Competency that the sus- (e) while in violation of Rule 1-209 for failure to pended member is current on all requirements pay child support obligations. for continuing legal education;

CHAPTER 5 (iii) a determination of fitness from the Board to FINANCE Determine Fitness of Bar Applicants;

Rule 1-501. License Fees. (3) payment to the State Bar of Georgia of a non- waivable reinstatement fee as follows: (a) Annual license fees for membership in the State Bar of Georgia shall be due and payable on July 1 of (i) $150.00 for the first reinstatement paid within the each year. Upon the failure of a member to pay the first year of suspension, plus $150.00 for each year license fee by September 1, the member shall cease of suspension thereafter up to a total of five years; to be a member in good standing. When such license fees, including any late fees, costs, charges or penal- (ii) $250.00 for the second reinstatement paid ties incurred by the State Bar of Georgia as the result within the first year of suspension, plus $250.00

88 Georgia Bar Journal for each year of suspension thereafter up to a additional $750.00 as a readmission fee to the State total of five years; Bar of Georgia.

(iii) $500.00 for the third reinstatement paid (d) Prior to suspending a member under subsection within the first year of suspension, plus $500.00 (b) above, the State Bar of Georgia shall send by certi- for each year of suspension thereafter up to a fied mail a notice thereof to the last known address of total of five years; or the member as contained in the official membership records. It shall specify the years for which the license (iv) $750.00 for each subsequent reinstatement fee is delinquent and state that unless either the fee and paid within the first year of suspension, plus all penalties related thereto are paid within 60 days or $750.00 for each year of suspension thereafter a hearing to establish reasonable cause is requested up to a total of five years. within 60 days, the membership shall be suspended.

The yearly increase in the reinstatement fee shall If a hearing is requested, it shall be held at State become due and owing in its entirety upon the first day Bar of Georgia Headquarters within 90 days of receipt of each next fiscal year and shall not be prorated for any of the request by the Executive Committee. Notice of fraction of the fiscal year in which it is actually paid. time and place of the hearing shall be mailed at least ten days in advance. The party cited may be repre- (c) A member suspended under subsection (b) sented by counsel. Witnesses shall be sworn; and, if above for a total of five years in succession shall requested by the party cited, a complete electronic be immediately terminated as a member with- record or a transcript shall be made of all proceedings out further action on the part of the State Bar of and testimony. The expense of the record shall be paid Georgia. The terminated member shall not be by the party requesting it, and a copy thereof shall be entitled to a hearing as set out in section (d) below. furnished to the Executive Committee. The presiding The terminated member shall be required to apply member or special master shall have the authority to to the Office of Bar Admissions for readmission rule on all motions, objections, and other matters pre- to the State Bar of Georgia. Upon completion of sented in connection with the Georgia Rules of Civil the requirements for readmission, the terminated Procedure, and the practice in the trial of civil cases. member shall be required to pay the total reinstate- The party cited may not be required to testify over his ment fee due under subsection (b) (3) above plus an or her objection.

Congratulations to the 2016 State Campion Mock Trial Team from Jonesboro High School! The Jonesboro mock trial team finished 17th out of a field of 46 state champion teams during the 2016 National High School Mock Trial Championship in Boise, ID, in May. A special thanks to all of our financial donors for the 2016 season, including the State Bar of Georgia Young Lawyers Division A full list of 2016 season donors will be published on our website by the end of August. Visit our website, www.georgiamocktrial.org, for more information about the program.

MTJun1.indd 1 101 :0:14 AM June 2016 89 The Executive Committee (1) shall make findings of clients of said suspended member’s inability to represent fact and conclusions of law and shall determine whether them and of the necessity for promptly retaining new the party cited was delinquent in violation of this Rule counsel, and shall take all actions necessary to protect 1-501; and (2) upon a finding of delinquency shall the interests of said suspended member’s clients. Should determine whether there was reasonable cause for the the suspended member fail to notify said clients or fail delinquency. Financial hardship short of adjudicated to protect their interests as herein required, the Supreme bankruptcy shall not constitute reasonable cause. A copy Court of Georgia, upon its motion, or upon the motion of of the findings and the determination shall be sent to the State Bar of Georgia, and after ten days notice to the the party cited. If it is determined that no delinquency suspended member and proof of failure to notify or pro- has occurred, the matter shall be dismissed. If it is deter- tect said clients, may hold the suspended member in con- mined that delinquency has occurred but that there was tempt and order that a member or members of the State reasonable cause therefor, the matter shall be deferred Bar of Georgia take charge of the files and records of said for one year at which time the matter will be reconsid- suspended member and proceed to notify all clients and ered. If it is determined that delinquency has occurred take such steps as seem indicated to protect their interests. without reasonable cause therefor, the membership shall Any member of the State Bar of Georgia appointed by the be suspended immediately upon such determination. Supreme Court of Georgia to take charge of the files and An appropriate notice of suspension shall be sent to the records of the suspended member under these Rules shall clerks of all Georgia courts and shall be published in an not be permitted to disclose any information contained in official publication of the State Bar of Georgia. Alleged the files and records in his or her care without the consent errors of law in the proceedings or findings of the of the client to whom such file or record relates, except as Executive Committee or its delegate shall be reviewed by clearly necessary to carry out the order of the Court. the Supreme Court of Georgia. The Executive Committee may delegate to a special master any or all of its respon- PART VII sibilities and authority with respect to suspending mem- LAWYER ASSISTANCE PROGRAM bership for license fee delinquency in which event the special master shall make a report to the Committee of CHAPTER 2 its findings for its approval or disapproval. GUIDELINES FOR OPERATION

After a finding of delinquency, a copy of the find- Rule 7-202. Volunteers. ing shall be served upon the respondent attorney. The respondent attorney may file with the Court any written The Committee may establish a network of attorneys exceptions (supported by the written argument) said and lay persons throughout the state of Georgia who are respondent may have to the findings of the Executive experienced or trained in impairment counseling, treat- Committee. All such exceptions shall be filed with the ment or rehabilitation, who can conduct education and Clerk of the Supreme Court of Georgia and served on awareness programs and assist in counseling and inter- the Executive Committee by service on the General vention programs and services. The Committee may also Counsel within 20 days of the date that the findings establish a network of peer-support volunteers who are were served on the respondent attorney. Upon the filing members of the State Bar of Georgia who are not trained of exceptions by the respondent attorney, the Executive in impairment counseling, treatment or rehabilitation, Committee shall within 20 days of said filing, file a who can provide support to impaired or potentially report of its findings and the complete record and tran- impaired attorneys by sharing their life experiences in script of evidence with the Clerk of the Supreme Court dealing with (a) mental or emotional health problems, of Georgia. The Court may grant extensions of time (b) substance abuse problems or (c) other similar prob- for filing in appropriate cases. Findings of fact by the lems that can adversely affect the quality of attorneys’ Executive Committee shall be conclusive if supported lives and their ability to function effectively as lawyers. by any evidence. The Court may grant oral argument on any exception filed with it upon application for such CHAPTER 3 argument by the respondent attorney or the Executive PROCEDURES Committee. The Court shall promptly consider the report of the Executive Committee, exceptions thereto, and the Rule 7-301. Contacts Generally. responses filed by any party to such exceptions, if any, and enter its judgment. A copy of the Court’s judgment The Committee shall be authorized to establish and shall be transmitted to the Executive Committee and to implement procedures to handle all contacts from or con- the respondent attorney by the Court. cerning impaired or potentially impaired attorneys, either through its chosen health care professional source, the Within 30 days after a final judgment which suspends statewide network established pursuant to Rule 7-202, or membership, the suspended member shall, under the by any other procedure through which appropriate coun- supervision of the Supreme Court of Georgia, notify all seling or assistance to such attorneys may be provided.

90 Georgia Bar Journal GET PUBLISHED

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

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

*Not all submitted articles are deemed appropriate for the Journal. The Editorial Board will review all submissions and decide on publication. Classified Resources

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92 Georgia Bar Journal Trial By Jury: What’s the Big Deal?

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

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

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

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

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