Hurricane Katrina: the Legal Impact While Others Try to Service Everyone Under the Sun

October 2006 Volume 12 Number 2

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14 GBJ Legal Departments 14 6 From the President Pandemic Preparation 8 From the Executive Director in the Workplace by Donald W. Benson 10 From the YLD President 44 Bench & Bar 22 50 Office of the General Responding to the Hurricanes Counsel 22 by Anthony H. Barash 52 Lawyer Discipline 54 Law Practice Management 28 56 Casemaker Georgia’s Legal Community Responds to Hurricane Katrina 60 Section News by Johanna B. Merrill 62 Professionalism Page 66 In Memoriam 32 68 Book Review The Newton County 70 CLE Calendar Courthouse at Covington: Notices The Grand Old 76 Courthouses of Georgia 78 Classified Resources 34 by Wilber W. Caldwell 80 Advertisers Index 34 Delivering on the Promise of Equal Justice 62 by Phyllis J. Holmen 38 The Committee on Civil Justice: Addressing the Legal Needs of Georgia’s Poor by Caren Henderson

42 68 Notice of Expiring BOG Terms To honor Morris Dees for a lifetime of public service, Skadden and The University of Alabama School of Law announce The Morris Dees Justice Award.

THE WINNER WILL BE ANNOUNCED OCTOBER 2, 2006. www.MorrisDeesAward.com

SELECTION COMMITTEE Morris Dees, Honorary Chair Co-Chairs Robert C. Sheehan Dean Kenneth Randall Executive Partner, Skadden University of Alabama School of Law Members Mary Bauer, Director, Immigrant Justice Project Susan Butler Plum, Founding Director, Skadden Professor Jesse Choper, Boalt Hall Fellowship Program Professor Bryan Fair, University of Alabama Theodore M. Shaw, Director-Counsel and School of Law President, NAACP Legal Defense and Marcia D. Greenberger, Co-President of the Education Fund National Women's Law Center Tisha Tallman, Regional Counsel, Atlanta Office Robert Grey, President, American Bar Mexican American Legal Defense and Association, 2004-2005 Education Fund Marjorie Press Lindblom, Co-Chair, Lawyers Vaughn C.Williams, Partner, Skadden Committee for Civil Rights Under Law

The award ceremony will take place in New York City on November 16, 2006.

The Morris Dees Justice Award is sponsored by

THE UNIVERSITY OF & ALABAMA SCHOOL OF LAW Editorial Board Quick Dial Marcus D. Liner Attorney Discipline (800) 334-6865 ext. 720 Editor-in-Chief (404) 527-8720 Robert Henry Beer J. Kevin Moore Consumer Assistance Program (404) 527-8759 Erika Clarke Birg Per Brage Normark Conference Room Reservations (404) 527-8712 Fee Arbitration (404) 527-8750 Donald P. Boyle Jr. E. Peyton Nunez CLE Transcripts (404) 527-8710 Clayton Owen Carmack Stephanie Ann Paulk Diversity Program (404) 527-8754 Charles Madden Cork III Cynthia B. Smith ETHICS Hotline (800) 682-9806 Lynda Carney Crum Mary E. Staley (404) 527-8741 Georgia Bar Foundation/IOLTA (404) 588-2240 Diane Lea DeShazo Robert R. Stubbs Georgia Bar Journal (404) 527-8736 Bridgette Eckerson Martin Enrique Valbuena Lawyer Assistance Program (800) 327-9631 John Michael Gross Kristin H. West Lawyers Foundation of Georgia (404) 659-6867 Law Practice Management (404) 527-8772 Jennifer Carpenter Kane Pamela Y. White-Colbert Membership Records (404) 527-8777 Ronald Arthur Lowry Meetings Information (404) 527-8790 Pro Bono Project (404) 527-8763 Executive Committee Liaison Professionalism (404) 225-5040 Sections (404) 527-8774 Damon E. Elmore Unauthorized Practice of Law (404) 526-8603 Young Lawyers Division (404) 527-8778 Advisor Rebecca Ann Hoelting Manuscript Submissions The Georgia Bar Journal welcomes the submission of Editors Emeritus unsolicited legal manuscripts on topics of interest to the Rebecca Ann Hoelting, 02-04 Charles R. Adams III, 89-91 State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should be 10 to 12 pages, Marisa Anne Pagnattaro, 01-02 L. Dale Owens, 87-89 double-spaced (including endnotes) and on letter-size D. Scott Murray, 00-01 Donna G. Barwick, 86-87 paper. Citations should conform to A UNIFORM SYSTEM OF CITATION (17th ed. 2000). Please address unsolicited William Wall Sapp, 99-00 James C. Gaulden Jr., 85-86 articles to: Marcus David Liner, State Bar of Georgia, Theodore H. Davis Jr., 97-99 Jerry B. Blackstock, 84-85 Communications Department, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. Authors will be notified of the L. Brett Lockwood, 95-97 Steven M. Collins, 82-84 Editorial Board’s decision regarding publication. Stephanie B. Manis, 93-95 Walter M. Grant, 79-82 The Georgia Bar Journal welcomes the submission of news about local and circuit bar association happenings, Bar William L. Bost Jr., 91-93 Stephen E. Raville, 77-79 members, law firms and topics of interest to attorneys in Georgia. Please send news releases and other information Officers of the State Bar of Georgia to: Caren Henderson, Director of Communications, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303; phone: Jay Cook President (404) 527-8736; [email protected]. Gerald M. Edenfield President-Elect Disabilities Robert D. Ingram Immediate Past President If you have a disability which requires printed Bryan M. Cavan Treasurer materials in alternate formats, please contact the ADA coordinator at (404) 527-8700 or (800) 334-6865. Jeffrey O. Bramlett Secretary Jonathan A. Pope YLD President Headquarters Elena Kaplan YLD President-Elect 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 Damon E. Elmore YLD Past President (800) 334-6865, (404) 527-8700, FAX (404) 527-8717 Visit us on the Internet at www.gabar.org. Communications Committee South Georgia Office 244 E. Second St. (31794) P.O. Box 1390 S. Lester Tate III Chairperson Tifton, GA 31793-1390 S. Kendall Butterworth Co-Vice Chairperson (800) 330-0446, (229) 387-0446, FAX (229) 382-7435 Nancy Jean Whaley Co-Vice Chairperson Publisher’s Statement The Georgia Bar Journal (ISSN-1085-1437) is published six Communications Staff times per year (February, April, June, August, October, Caren Henderson Director December) with a special issue in November by the State Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, Sarah I. Coole Assistant Director Georgia 30303. ©State Bar of Georgia 2006. One copy of Johanna B. Merrill Section Liaison each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to non-members. Single copies: Jennifer R. Mason Administrative Assistant $6. Periodicals postage paid in Atlanta, Georgia and additional mailing offices. Opinions and conclusions expressed in articles herein are those of the authors and not necessarily those of the Editorial Board, Communications Committee, Officers or Board of Governors of the State Bar of Georgia. Advertising rate card will be furnished upon request. Publishing of an advertisement does not imply endorsement of any product or service offered. POSTMAS- TER: Send address changes to same address. From the President

by Jay Cook Photo by Hollis Ellison

United We Stand, Divided We Fall

esop’s ancient moral lesson, united we stand, again we’ve been told that many people don’t understand what we mean when we say “independent” judiciary. divided we fall, from “The Four Oxen and the The founders referred to the judiciary as the “least dangerous branch,” not because they wanted it weak, Lion” fable, rings especially true today, as we but rather because they wanted it to operate independ- A ent of political agendas, insulated from special interest in the legal community watch—often frustrated and bewil- pressures and protected from capricious voters. Sandra Day O’Connor recently said, “Judicial inde- dered—as attacks escalate on pendence does not happen all by itself. It’s tremendously the American judiciary. “Together we have hard to create and it’s easier than most people imagine to Although judicial independ- established one strong voice. destroy. We must be vigilant against those who would ence has been on the agenda retaliate against judges for Let us now raise it in defense specific judicial decisions, or since pre-Revolutionary Col- who seek to undermine the of our founding principles. ability of the courts to play onial America, the resurgence their constitutionally ordained These are not times for roles.” of attacks upon it in recent We must be vigilant, she summer soldiers.” said. Who do you think she years has been astonishing. means? The retired Supreme Court justice delivered the Time and again we’ve seen evidence that the general speech at a law school graduation. But I believe she public doesn’t know or doesn’t care about the role courts, was speaking to a wider audience. I believe she was judges and lawyers play in protecting and preserving the addressing the entire legal community. I believe she Constitution and the rule of law. Time and again we’ve was asking for vigilance from the bar. heard that our fellow citizens have failed to learn or have There can be no doubt that’s what U.S. Supreme forgotten that the founding fathers (at the federal and state Court Justice Stephen Breyer meant when he said levels) insisted on an independent judiciary as a funda- “Ultimately the bar is the group that both is in touch mental protection of American liberties. And time and with the public on the one hand and understands the

6 Georgia Bar Journal judicial institution on the other. of the court, but is also based on the Believe me, that wedge is meant And I had hoped that the bar asso- hard reality that the bar is the only to split open a chasm of polariza- ciations would take the lead and group that can and will undertake tion that will pave the way for par- try and think about the problem such a defense. When judges are tisan judicial elections and a bench and educate the public.” forced to come to their own defense, that is beholden to special interests, So the relevant question is, as they are accused of self-interest, and not public interests. posed by a federal judge recently are demeaned by the necessity of Judges should be beholden only “How do we as the legal communi- publicly defending a position.” to the Constitution, the Bill of ty, preserve judicial independence, U.S. Supreme Court Justice Rights, and the rule of law. Judges the rule of law, protect the judici- Anthony Kennedy agrees, “The bar should be fair and impartial. Judges ary as an institution, and lessen the must support the judiciary in its should have clean hands. And clean attacks on the judicial system that cause when it is under attack. hands and dirty politics don’t mix. threaten to weaken the constitu- Without the assistance of the bar, I As members of the State Bar of tional structure of this nation?” am afraid that the judiciary will be Georgia, together we have estab- His answer, with which I whole- reduced to an irrelevant institution.” lished one strong voice. Let us heartedly concur, “The preservation But first, we must agree that we now raise it in defense of our of judicial independence is a respon- have a common interest in turning founding principles. These are not sibility that is within the province of back the attack. Because the same times for summer soldiers. These the bar. The bar should serve as the powerful special interests whose are times that challenge the legiti- mechanism through which the judi- self-serving fingerprints identify macy of the American experience. ciary opposes institutional infringe- campaigns marring public trust in Let our legal community stand ment and should present a unified the judiciary, are now plotting together so that our song of free- voice when the decisional independ- “divide and conquer” attacks on the dom will be heard. ence of judges is challenged. bar. Recent developments in “The responsibility of the organ- California, Florida, New Hampshire, Jay Cook is president of the State ized bar to defend the judiciary and Wisconsin suggest it’s a tactic Bar of Georgia and can be reached from unjust attack transcends not that might soon be used to drive a at [email protected]. just its ethical obligation as officers wedge between lawyers in Georgia.

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October 2006 7 From the Executive Director

by Cliff Brashier

Working Together We Made a Difference

s Aug. 29 came and went this year, I am sure To highlight the short- and long-term legal needs that resulted from Hurricane Katrina and to recog- we all paused to remember the devastation nize the important contributions from our members, we are focusing this issue of the Georgia Bar Journal caused by Hurricane Katrina. When we on the response efforts of just a few of the many indi- A viduals who worked to bridge the gaps created by think of that day, we think of the immediate needs for displaced legal service programs and pro bono attorneys. There are so many com- shelter, food and health care pelling stories to tell and hero- “If there is a silver lining to ic efforts to report. for the many residents of the Unfortunately, there just are this tragedy it’s that it not enough pages to acknowl- Gulf Coast. So many of you edge them all. For this issue brought out the best in the we have narrowed it down to generously donated money to just a few. The theme of this legal community, and we are issue is “Hurricane Katrina: various relief organizations, The Legal Impact.” So many legal issues arose volunteered time at shelters now more prepared and from this disaster—some were to be expected, many were not. and contributed clothing and ready to respond should Immediate issues included access to Social Security, other items. another disaster strike.” Medicare/Medicaid, unemployment and welfare benefits. What is not so widely known or talked about, is the Succession cases abound. Custody cases. FEMA grant tremendous response efforts put forth by Georgia attor- applications and denials. The list goes on and on. The loss neys and others members of the legal community to of records, displacement of both attorneys and clients, address the emergency and on-going legal needs of and the slow and unpredictable response from govern- those most impacted by the disaster. ment agencies further complicated all of these issues.

8 Georgia Bar Journal Recognizing that many of these Tipitina’s Foundation, a New disaster evolved, the Pro Bono displaced attorneys fled to our Orleans non-profit organization Project updated forms and infor- state, the State Bar provided office dedicated to providing area mation daily to ensure volunteers space, computer equipment, sup- schools with musical instruments. were working with the most accu- plies—whatever our colleagues YLD fundraisers are also planned rate information possible. needed to help them pick up the across the state to generate funds The Pro Bono Project made pieces of their practice. A special for this important cause. This year- these reference materials available thank you to Rodd Walton, a mem- long initiative will culminate with to similar pro bono programs in ber of the Bar’s YLD and the Gate a clean-up project scheduled dur- states across the country, to give to City Bar Association, for helping us ing the YLD’s Spring Meeting in their volunteers and post on their get the word out. April 2007. Interestingly, as a sign websites. In doing so, the Project Speaking of the YLD, as the serv- of solidarity with the city of New created a network of pro bono ice arm of the State Bar, this group of Orleans, the YLD has chosen the organizations working together to young attorneys leveraged their con- Big Easy as the site of their 2007 increase efficiencies and reduce siderable talents and boundless ener- Spring Meeting. duplicative efforts. This spirit of gy to respond to this disaster. The It was of no surprise to me that cooperation and collaboration YLD has a long history of respond- this enthusiastic group of young meant that volunteers could focus ing to disasters, most notably in 1994 lawyers won best overall YLD in on the task at hand—helping the when they responded with a very the Comprehensive Category at the victims, instead of tracking down successful YLD hotline, disaster CLE 2006 ABA Annual Meeting in information. program and manual for victims of Hawaii. Congratulations to Damon In closing, I want to reiterate that Tropical Storm Alberto, and again in Elmore, immediate past president these are just a few of the many 2000 in southwest Georgia following of the YLD, for leading this organi- individuals that participated in an outbreak of deadly and destruc- zation to this award. some way to offer relief to citizens tive tornadoes. Complementing the hands-on of New Orleans and the greater Last October, the YLD Disaster approach taken by the YLD, the Gulf Coast community. If there is a Legal Assistance Committee, co- State Bar’s Pro Bono Project served silver lining to this tragedy it’s that chaired by Tonya Boga and Michelle as a match making service, con- it brought out the best in the legal Ruff, formed to mobilize YLD mem- necting lawyers with volunteer community, and we are now more bers in an organized response to opportunities. In addition, the prepared and ready to respond Katrina. Among its many activities, Project’s staff kept busy gathering, should another disaster strike. the YLD activated a hotline in part- updating and disseminating disas- As always, your thoughts and nership with the ABA YLD hotline ter relief information to legal suggestions are welcome. My tele- and other YLD hotlines in Louisiana services attorneys, pro bono vol- phone numbers are 800-334-6865 and Mississippi. In addition, YLD unteers and shelter workers. (toll free), 404-527-8755 (direct volunteers handed out more than Everything from “how-to” legal dial), 404-527-8717 (fax) and 770- 1,000 copies of the YLD disaster manuals to “who-to-call-for-what” 988-8080 (home). manual, “Legal Assistance for contact lists were made available Victims of Natural Disasters” in 17 to volunteers through the Pro Cliff Brashier is the executive area shelters. Boga also spearheaded Bono Project’s website www.geor- director of the State Bar of the effort to develop and implement giaadvocates.org and distributed Georgia and can be reached at a disaster-focused CLE. Attended by through list serves and emails. As [email protected]. more than 200 Georgia attorneys, the government’s response to the the CLE focused on a number of topics relevant to disaster victims including flood insurance, housing, emergency benefits, insurance claims, landlord/tenant issues and family law. This year the YLD, in partnership with the State Bar of Louisiana’s YLD, has chosen to focus its service project on raising funds to purchase musical instruments for public schools affected by Hurricane Katrina. The YLD will hold instrument drives and a number of fundraisers to benefit

October 2006 9 From the YLD President

by Jonathan A. Pope Your YLD Continues to Thrive and Succeed

n my previous column, I reported about the consis- The Awards of Achievement are an invaluable tool for YLD affiliates to exchange ideas on important pro- tent national recognition your Young Lawyers grams and projects affecting the public and the profession. Division has received in the past from the American I was fortunate enough to represent your YLD at the I ABA Annual Meeting in Hawaii Aug. 2-6, 2006, and am Bar Association for its programs aimed at service to the proud to report that your YLD was awarded first place in the Overall/Comprehensive Category by the Young public and service to the Bar. The Young Lawyers Division Lawyers Division of the ABA. This achievement is even more significant in light of the rigorous competition for of the ABA presents the the award from other YLD affiliates whose member- Awards of Achievement to “I want to encourage all ship and budgets are expo- nentially larger, including YLD affiliates that have members of the YLD to YLD affiliates in California, New York and Texas. accomplished the most dur- participate in the organization. This prestigious recognition by the ABA is a direct ing the previous bar year. Whether it’s running for office, reflection of the tremendous work and effort put The Awards of Achievement joining a committee, or simply forth by YLD Immediate Past President Damon provide an opportunity for attending a meeting, your Elmore and YLD Director Deidra Sanderson during local, state and national YLD the 2005-06 Bar year. involvement is paramount to our The accolades do not affiliates to obtain national stop with the first place continued success.” award in the Overall/ recognition for well-planned Comprehensive Category. Numerous committee projects and programs also and well-executed programs that contribute significantly received recognition at the meeting in Hawaii, including first place in the Minority Project Category for the to the public good and to the betterment of the profession. YLD Minorities in the Profession Committee’s hosting

10 Georgia Bar Journal of An Evening with the Justices Howell, for their contribution in and The YLD Review Co-Editor and second place in the Service to helping achieve second place in the Stacy Silverstone for helping coor- the Public Category for the YLD Newsletter Category. dinate our involvement. and Georgia Pro Bono Project’s While we remain proud of these The YLD Community Service Stop Domestic Violence Project. wonderful accomplishments, we Committee hosted a happy hour The YLD Leadership Academy also recognize that there is more with the Atlanta Young Certified also won second place in the work to be done. In that regard, I Public Accountants at Park Tavern Service to the Profession Category. would like to update you on some on Aug. 29. In addition, the I would like to extend my gratitude of the programs we are working on Committee conducted its first proj- to all of the members of the now and those we have planned ect on Sept. 23, by assisting Habitat Minorities in the Profession for the future. for Humanity to construct a home Committee, the Leadership Numerous YLD members, in Atlanta. The events were a suc- Academy team, and those who including members of the YLD cess thanks to the leadership of worked on the Stop Domestic Litigation Committee, agreed to Committee Co-Chairs Terri Violence Project for their efforts on partner with the Mock Interview Gordon and Shariki Cavitt. these projects, with special thanks program at Georgia State College The YLD completed the inaugu- to their committee chairs and proj- of Law on Sept. 6-7. The program ral year of its Leadership Academy ect leaders, Mawuli Davis and consisted of a series of mock inter- in June. The YLD’s Leadership Holly Geerdes (Minorities in the views conducted by practicing Academy recognized a need for Profession), Mike Monahan and attorneys with second- and third- continued access to a seasoned Tracey Roberts (Stop Domestic year law students in an effort to practitioner, and combined a men- Violence Project) and Laurel help the students improve their tor relationship with organized Landon, Tonya Boga and Leigh interviewing skills. The program workshops examining appropriate Martin May (Leadership was very helpful and I would like areas crucial to young lawyer Academy). Finally, I would like to to give special thanks to YLD development. These areas are also thank last year’s co-editors of The Litigation Committee Co-Chairs identified as those that routinely YLD Review, Bryan Scott and Amy Scott Masterson and Shane Mayes affect the image of the lawyer by

October 2006 11 the public at large. They include: The regional level of the competi- law and political involvement and professionalism; firm leadership; tion will be held on the weekends provided some tips for those consid- community and public service; of Feb. 17 and Feb. 24 in 15 cities ering a political future. The keynote service on corporate and nonprofit around the state. The state finals speakers included former boards; and lawyers as elected offi- competition will be held on March Congressman and McKenna Long & cials. 10 and 11 at the Gwinnett Justice Aldridge attorney Buddy Darden, The Leadership Academy selects and Administration Center in and Georgia Court of Appeals Judge 40 YLD members to participate in Lawrenceville. The YLD Litigation John Ellington. Both Judge Ellington the program each year. The Committee has graciously agreed and former Congressman Darden Leadership Academy holds one to coordinate with the High School stressed the importance of lawyers meeting each month from January Mock Trial Committee to locate continued involvement in govern- to June that involves the participa- volunteers, but because we need ment and running for elected office. tion of judges and lawyers across more than 800 total judging panel The seminar concluded with a panel Georgia. The program culminates volunteers alone each year, all of speakers including YLD members with a graduation ceremony in members of the State Bar of Ashley Harris of Carlock, Copeland, June. The Leadership Academy for Georgia are invited to participate Semler & Stair, LLP; Elena Kaplan of 2007 will be led by YLD Immediate in this wonderful program. To vol- Parker, Hudson, Rainer & Dobbs, Past President Damon Elmore, unteer, please contact High School LLP; Stephanie Kirijan of DeKalb Tonya Boga and 2006 Leadership Mock Trial Coordinator Stacy County District Attorney’s Office; Academy graduate Sharri Rieke at 404-527-8779. Ryan Teague of McKenna, Long & Edenfield, and is accepting nomi- The YLD is planning a project to Aldridge; Ben Vinson of McKenna nations and applications. If you be held in conjunction with the Long & Aldridge; as well as Judge would like more information on YLD Spring Meeting in New Ellington and Buddy Darden. I want the YLD Leadership Academy, Orleans April 26-29, 2007. From to thank all of the speakers for a please contact YLD Director Deidra now until the meeting we will be wonderful seminar. I would also Sanderson at 404-527-8778. raising funds for Tipitina’s like to give special thanks to One of our oldest and most suc- Foundation, a charitable organiza- Stephanie Kirijan for coordinating cessful committees, the High tion that provides musical instru- the CLE and securing the wonderful School Mock Trial Committee, is in ments to the music programs of panel of speakers. need of volunteers to serve as team affected schools in the New We will have a CLE at each of the coaches beginning in October and Orleans area. We will present the upcoming YLD meetings. If you judging panel members in funds raised at the Spring Meeting have ideas for a CLE or would like February and March for the region- in New Orleans. In addition, we to participate in a YLD CLE event, al and state finals competitions. are working with the YLD of the please contact Deidra Sanderson. State Bar of Louisiana to organize a Finally, I would like to extend an group clean up effort during the invitation to all members of the YLD Meetings meeting to help remove debris left YLD to attend at least one YLD from Hurricane Katrina. meeting this year (list of upcoming Fall Meeting In my first column, I outlined my meetings appears to the left). Oct. 6-8, 2006 goal to assist State Bar President Moreover, I want to encourage Hilton Garden Inn Jay Cook and the State Bar all members of the YLD to partici- Athens, Ga. Executive Committee’s efforts to pate in the organization. Whether Georgia v. Tennessee educate the public on our civil jus- it’s running for office, joining a Midyear Meeting tice system. To that end, we will be committee, or simply attending a Jan. 18-20, 2007 using the State Bar of Georgia’s meeting, your involvement is para- Hyatt Regency Hotel public relations consultants to help mount to our continued success. Savannah, Ga. disseminate information to the As always, if you have ideas for public about YLD awards, pro- new programs, suggestions as to Spring Meeting grams and projects in an effort to how we can improve our services, April 26-29, 2007 support President Cook’s efforts. or if I can help you in any way, W New Orleans The YLD Summer Meeting took please do not hesitate to contact New Orleans, La. place in New York City Aug. 24-27. me. First weekend of Jazzfest A special highlight of the meeting Annual Meeting was the CLE held on Aug. 26, which Jonathan A. Pope is the president June 14-17, 2007 focused on lawyers and politics. The of the Young Lawyers Division of Sawgrass Marriot Resort speakers explored various topics the State Bar of Georgia and can be Ponte Vedra Beach, Fla. involving the benefits and burdens reached at [email protected]. of the marriage between practicing

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Pandemic Preparation in the Workplace

by Donald W. Benson Photo by Greg Knobloch/Centers for Disease Control and Prevention ow should employers prepare their work- spawned an entire industry devoted to business prepa- rations for the millennium, and almost every company places for possible pandemics of avian of significant size devoted considerable amounts of management and IT time and capital to achieving influenza, Severe Acute Respiratory readiness for Y2K. H Of course, many attorneys, accountants, consultants Syndrome (SARS) or illness spread by bioterrorism? Is and vendors profited handsomely from these efforts; but it should be noted that business productivity gains the risk of a pandemic illness significant enough to in the early years of this century may be due, in no small part to the updating and planning that occurred merit the devotion of time and resources necessary to in advance of Y2K. Accordingly, it is possible that the current alarmist news coverage focused on the possi- secure the continuity of business operations? What is bility of a pandemic may encourage similarly creative business and legal planning that will not only help to the employer’s role in promoting quarantine effective- minimize the effects of any such pandemic, but also foster the type of productivity gains that resulted from ness, social distancing, or preventative hygiene? the attention devoted to the threat of Y2K. This article will first examine the nature and threat of Or, is the near hysteria over the possibility of a pan- the pandemic occurrence of a disease such as avian demic caused by avian influenza or another similarly influenza and its possible effects on business operations. contagious illness merely the latest version of a dooms- It will then discuss pertinent governmental regulations day forecast, similar to the prediction that Y2K would and guidelines that may come into play should a pan- shut down global business operations? That prediction demic arise. Finally, the remainder of the article will

14 Georgia Bar Journal highlight some of the major legal results when these three factors can infect other species, including and logistical issues on which coun- converge with regard to a disease. pigs and humans.5 H5N1 has sel should advise business clients in We have experienced three spread by bird migration and com- an effort to ensure that they are influenza pandemics in the previ- merce into the domestic and wild properly prepared for a possible ous century: “Spanish influenza” in bird populations of fifty countries pandemic. 1918, “Asian influenza” in 1957, in Asia, parts of Europe, the and “Hong Kong influenza” in Middle East and Africa.6 Trans- Pandemic: A Global 1968.2 The 1918 pandemic killed an mission from birds to humans has Outbreak of Disease estimated forty to fifty million peo- been relatively rare, but 232 con- ple worldwide.3 Although the 1918 firmed cases have resulted in 132 The United States Centers for “Spanish influenza” was exception- deaths in a wide geographic area Disease Control and Prevention ally deadly, the two subsequent including Azerbaijan, Cambodia, (CDC) has set forth three condi- pandemics also caused significant China, Djibouti, Egypt, Indonesia, tions that must exist in order for a human deaths, including an esti- Iraq, Thailand, Turkey and global outbreak of a disease to mated two million deaths in 1957 Vietnam.7 occur: (1) the emergence of a new and one million deaths in 1968.4 An influenza pandemic occurs type of virus for which humans Currently, public health officials when a new virus subtype emerges have little or no immunity; (2) the are alarmed over the pandemic that has not previously circulated in capability of this new virus to infect potential of the current strain of humans and “starts spreading as and cause illness in humans; and avian influenza, H5N1. Although easily as normal influenza—by (3) the capability of the virus to the vast majority of avian influenza coughing and sneezing.”8 Public spread easily and without interrup- viruses do not infect humans, on health experts are particularly con- tion among humans.1 A pandemic rare occasions these bird viruses cerned that H5N1 might ultimately

October 2006 15 mutate into a strain that Business disruption is contagious among levels also will be sig- humans because it is an nificantly affected by influenza A subtype and the level of interde- has genetic similarities to pendence between a influenza strains that business’s operations in have spread among the United States and humans.9 With such a businesses in other genetic adaptation, H5N1 areas of the world in would no longer be a bird which the pandemic is virus, but a new human most likely to start. influenza virus to which Many American busi- the human immune sys- nesses are now directly tem would have no pre- a part of, or directly existing immunity.10 This affected by, the global lack of immune defense economy. These com- makes it likely that peo- panies sell to or buy Photo by Cynthia Goldsmith/Centers for Disease Control and Prevention ple who contract such a Colorized transmission electron micrograph of Avian influenza A H5N1 from locations in other type of influenza will viruses (seen in gold) grown in MDCK cells (seen in green). countries. If those coun- experience more serious tries experience a pan- disease than that caused by normal The WHO is currently working demic that significantly limits their influenza to which humans have under three assumptions with ability to buy American products or already been exposed.11 regard to planning for a possible to deliver the goods and services pandemic. The first assumption is that United States companies have What is the Threat of that a pandemic would spread to purchased, the ability of American the Occurrence of a all continents in less than three plants and operations to stay open months.13 The second assumption in the United States will be affected. Pandemic and Potential is that significant portions of the Overall, not only could the lead Level of Disruption? world’s population would require time for influenza pandemic plan- The emergence of a virus that medical care, and the third is that ning be extremely short, but meets the biological characteristics medical supplies will be inade- uncertainty regarding the level of set forth by the CDC seems quite quate in all countries due to limited disruption that a particular virus plausible given the rapidity with supplies of vaccines and anti-viral may pose makes the problem even which viruses develop and change. drugs.14 Based on the comparative- more vexing for planners. SARS Moreover, viruses that have these ly mild 1957 influenza pandemic, was ultimately contained far short characteristics are assisted in their the WHO projects approximately 2 of causing massive deaths and dis- spread through populations and million to 7.4 million deaths world- ruptions to worldwide commerce, from one population to the next by wide.15 The level of disruption to and, to date, the spread of smallpox the reality of a truly global econo- business that may be posed by a or anthrax through bioterrorism has my in which people travel far more pandemic will depend in part on been largely avoided. Nevertheless, than they did fifty years ago. Many the stage of the pandemic. Past business planners may do well to more American companies now pandemics have generally oc- heed the current alarms about the have their own sales, logistics, curred in two or three waves, so potential disruption that a virus operations and financial employees that not all countries experienced such as avian influenza could cause, who regularly travel to their com- the same level of disruption at the given the history of past influenza panies’ overseas plants, or to those same time.16 Thus, employers may pandemics and the ever-increasing of their vendors or buyers. face various stages of disruption level of global connectivity. Similarly, personnel from these caused by a pandemic including: vendors and buyers are making on- (1) overseas occurrence affecting Pertinent Government site calls to businesses in the travel and foreign suppliers and Regulations and United States. The prevalence of customers; (2) high absenteeism at these international trips has led the home, but with the ability to main- Guidelines World Health Organization tain near-normal operations; and Existing federal regulations and (WHO) to estimate that a global (3) near total absenteeism at home, guidelines issued by the Occu- pandemic for a highly contagious making it difficult to keep opera- pational Safety and Health Admin- airborne disease like avian influen- tions open, along with possible dis- istration (OSHA), the United States za could reach pandemic distribu- ruption of utilities and quarantines Department of Agriculture (USDA) tion in as little as three months.12 of the facility area. and the CDC may play a key role in

16 Georgia Bar Journal shaping how businesses in the USDA also can be expected to play a a broad range of issues associated United States respond to a pandem- major role in preventing the spread with disaster planning. Preparation ic. Governmental agencies may be of any pandemic virus. For example, should include developing proce- expected to build upon this existing to stem the spread of avian influen- dures for handling employees who framework in developing new reg- za virus to the United States, the are sick in the workplace and the ulations in response to an emerging USDA helped to enforce a federal implementation of health and disease threat. ban on the importation of all birds hygiene measures, such as remote In a pandemic scenario, OSHA’s from the Asian countries that expe- work strategies and crisis manage- bloodborne pathogens standard17 rienced an outbreak of the virus. ment procedures, to promote social and respiratory protection stan- Based on guidance issued by distancing and cut down on trans- dard18 would come into play. In governmental agencies thus far, mission risks. Employers also should addition, the “general duty” clause employers may be faced with very consider implementing health and of the Occupational Safety and detailed governmental workplace medical initiatives such as disease Health Act19 requires an employer regulations in the face of a pandem- screening and vaccination programs. to provide a safe and healthy work ic. Accordingly, preparation for a Given that large numbers of employ- environment for employees, thus pandemic should include identify- ees may be absent from the work- giving OSHA broad statutory ing the management team responsi- place in the event of a major avian authority for issuing new regula- ble for monitoring new govern- influenza or other disease outbreak, tions. Regulations might be expect- mental regulations and adopting employers should implement plans ed to take the form of guidance procedures for communicating for new employee training, cross- documents issued by OSHA changes to affected supervisors and training of existing employees, and and/or the CDC for various types employees to ensure compliance developing a pre-planned communi- of persons who may be affected by with any new requirements. cations strategy for contacting large an avian influenza pandemic, such numbers of employees located out- as those who clean areas affected Preparation side of the work site. Each of these by the virus, airline personnel and in the Workplace areas for planning and preparation citizens living abroad.20 raises its own set of legal issues and Given the fact that the source of a Employers who prepare for a pos- potentially far-reaching legal virus is often birds or animals, the sible pandemic will need to think of requirements.

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October 2006 17 Communicable Disease Policy employee travels for work reasons contracted at the workplace within Employers should consider to a region for which quarantine the list of work-related injuries that adopting a communicable disease upon return home is required or are covered by the W.C. statute.23 policy and procedures as one of the advisable, the employer should Employers should consult with first planning measures to imple- request the employee to inform his counsel about whether the W.C. ment in advance of any potential or her supervisor or human bar is available in the states in pandemic. Attorneys should resources department immediately which they employ workers, pay- advise business clients to consider so that home work assignments or ing particular attention to states in adopting some version of the fol- paid administrative leave can be which external sales representa- lowing employee policy, tailored, arranged. If an employee travels on tives are based. as appropriate, to meet individual personal business to a region requir- business needs and the dangers ing quarantine upon his or her Clarify Leave Policies confronted by the client’s specific return home, the company should Employers have a tendency to employees: consider allowing the employee to think of leave policies as a benefit use sick leave, accrued paid-time-off subject to employee abuse and may COMMUNICABLE ILLNESS or vacation time, or be placed on initially be concerned with ensur- IN ORDER TO HELP KEEP [COMPA- unpaid administrative leave. If the ing that employees remain at work NY] SAFE, WE NEED YOUR HELP. IF employee is diagnosed with a com- as absenteeism grows in response YOU ARE (A) DIAGNOSED WITH AN ILL- municable illness or quarantined in to an outbreak of disease. In the NESS THAT IS COMMUNICABLE IN OUR association with such an illness, the various stages of a pandemic, WORKPLACE SUCH AS ACTIVE TB company should consider requiring however, the problem may be quite (TUBERCULOSIS) OR SARS (SEVERE a note from a medical provider stat- different. First, there may be ACUTE RESPIRATORY SYNDROME), OR ing that the employee may safely employees who have traveled for AVIAN FLU, (B) IF YOU BELIEVE YOU return to work before permitting the business who find themselves sub- MAY HAVE BEEN EXPOSED TO A PERSON employee to return to the work site. ject to quarantine but can work SO DIAGNOSED, OR (C) IF YOU HAVE from home. Second, there may be RECENTLY VISITED A LOCATION IN Compliance with HIPAA sick employees, or employees car- WHICH THERE HAS BEEN AN OUTBREAK The Privacy Rule regulations ing for sick family members, whom OF SUCH AN ILLNESS AND YOU DO NOT issued by the Department of the employer wants to remain at FEEL WELL OR ARE EXHIBITING ANY Health and Human Services under home in order to reduce the risk of SYMPTOMS OF THE ILLNESS IN QUES- the Health Insurance Portability infection to others.24 Third, there TION, YOU MUST REPORT THIS TO and Accountability Act of 1996 may be sick employees who will [INSERT TITLE OF APPROPRIATE (HIPAA)21 require that an employ- come to work and will need to be COMPANY REPRESENTATIVE]. THIS er protect the privacy of its sent home to keep them from INFORMATION WILL BE KEPT CONFI- employees’ medical information. spreading the infection. Finally, DENTIAL TO THE EXTENT REASONABLY Businesses should consult with there may be some employees who POSSIBLE BUT, OBVIOUSLY, FULL CONFI- legal counsel to determine which are too afraid to venture out in DENTIALITY CANNOT BE GUARANTEED diseases an employee or potential public from fear of contracting ill- UNDER THESE CIRCUMSTANCES. employee must disclose to the ness. employer and who will have access In some or all of these situations, Travel and Quarantine Policies to the information provided. When the employer should consider how Companies also should consid- there is a need to inform other to use leave policies to keep its er addressing their employee employees of a possible workplace worker pool in place. In assessing travel policies regarding foreign exposure, every effort must be this issue, employers should be travel. Policies should state that made to maintain the privacy of the reminded that they need to con- travel should be curtailed in accor- infected employee.22 tend not only with the situation dance with advisories issued by that exists at the height of any pan- the CDC and the United States Workers’ Compensation demic, but also circumstances that Department of State. Employees Employers should ensure that arise during any recovery period. traveling to areas with current their workers’ compensation As recent experience with outbreaks of a communicable dis- (W.C.) insurance premiums are Hurricane Katrina has shown, ease should be required to obtain paid in full. Without the W.C. employers may find that it is diffi- and maintain all recommended exclusive remedy for workplace cult to keep workers in areas affect- vaccinations and to follow recom- injuries, employers may be liable ed by a disaster. Paid leave, or mended health precautions. under all sorts of creative tort unpaid leave with health benefits, The potential for the imposition of claims for negligence, wrongful can mean the difference in main- quarantine for travelers to certain death, etc. Some states include taining the work force in the area areas also must be considered. If an communicable diseases that are or experiencing significant employ-

18 Georgia Bar Journal ee turnover. Avoiding such turnover can be particularly significant as a business seeks to resume normal operating levels. Similarly, fighting every claim for unemployment benefits may not be in the employer’s interest if the denial of benefits encourages the pool of available workers to shift to areas unaffected by the disease. In considering leave issues, business clients should be GROW YOUR counseled on the requirements of applicable federal, state and local leave laws that govern paid or unpaid leave for FUTURE WISELY sick employees; employees caring for immediate family As a law professional, you know that members; first-responder health care providers; and growing your future wisely isn’t just employees called to active military service to enforce a choosing the right plan for your quarantine. Leave policies should clearly spell out the fol- firm—it’s also choosing the right lowing items: (1) how the employee requests leave; (2) any requirements for regularly reporting his or her resource. So when you’re ready for medical condition; (3) whether the leave is paid leave; retirement planning, choose the (4) whether any benefits (such as health insurance, match- program created by lawyers for ing 401k contributions, vacation pay, etc.) are provided or lawyers, and run by experts. continue to accrue during the leave period; and (5) when the leave is exhausted, whether the employee will be returned to work. Statutes and Regulations that May Affect Leave Policies

The Family and Medical Leave Act ABA Retirement Funds has been The federal Family and Medical Leave Act of 1993 providing tax qualified plans such as (FMLA) and implementing regulations25 may have a 401(k)s for over 40 years. Today, our significant impact on leave policies. If the employer has program offers full service solutions more than 50 employees at a location, and an employee including plan administration, who has requested leave has worked at least 1,250 hours investment flexibility and advice. within the last twelve months for that employer, the FMLA provides that the employee can elect to take up to You just couldn’t make a wiser 12 weeks of unpaid leave due to a “serious health condi- choice for your future. tion.”26 Influenza that requires continuing treatment by a physician over a three-day period will likely be con- LEARN HOW YOU CAN GROW sidered a protected “serious health condition” that trig- YOUR FUTURE WISELY gers the FMLA right to return to a substantially equiva- Call an ABA Retirement Funds lent job when the leave ends.27 If the employee is absent Consultant at 1-800-826-8901 from the workplace for several months but was never www.abaretirement.com told that this absence exhausted the FMLA leave period, the employer’s obligation to reinstate the employee may Get the Special Report on Wealth Management extend far into the future.28 "High Net Worth/High Net Risk: Meeting Retirement Goals" The Americans with Disabilities Act Produced by State Street Global Advisors and the University of Pennsylvania's Wharton Similarly, those employees who suffer permanent School. Call 1-800-826-8901 to get your health problems affecting a major life activity like free copy. breathing may be entitled to protection under the Americans with Disabilities Act of 1990 (ADA).29 Once the ADA-protected employee returns to work, the employer will likely need to engage in the mandated process to determine whether any reasonable accommo- For a copy of the Prospectus with more complete information, including charges and expenses associated with the Program, or to speak to a dation must be provided to help the employee perform Program consultant, call (800) 826-8901, or visit www.abaretirement.com 30 or write ABA Retirement Funds P.O. Box 5142 • Boston, MA 02206-5142 the essential functions of his or her prior position. • [email protected]. Be sure to read the Prospectus carefully before you invest or send money. The Program is available through the State Bar of Georgia as a member benefit. However, this ERISA and Accrued Leave and Benefit Policies does not constitute, and is in no way a recommendation with respect to any security that is available through the Program. 02.2006 In preparing for a possible pandemic, employers should examine any contractual promises contained in

October 2006 19 handbooks and leave policies. prove that the participant or bene- to carefully record and submit doc- These policies may allow employ- ficiary received a revised SPD, then umentation of their time worked, ees to accrue, from year to year, the employer may be required to and to ask and receive permission large amounts of paid leave. provide higher benefits according prior to working in excess of Employers may need to consider to some previous, and more gener- 40 hours in a week. the inclusion of exception clauses ous, version of the Plan.33 Further, for disasters, emergencies and epi- in the event of a pandemic, a self- Conclusion demics that limit the lump-sum administered Plan will have an In the very worst of pandemic use of such paid leave. Employers immediate need to increase the size scenarios, employers may be called who fail to plan for such contin- of its administrative staff to handle upon to be creative and flexible gencies could experience tremen- the anticipated increase in benefit beyond the requirements of dous financial liability for such requests and appeals. Unfor- employment law in order to assist leave at the time when they can tunately, under ERISA, the ques- employees and maintain a stable least afford it. tion of whether or not the partici- work force.36 Expanded employee In examining leave and benefit pant is entitled to benefits will assistance, leave and attendance policies, the Employee Retirement most often be determined based policies and extra efforts to Income Security Act of 1974 solely on the record before the Plan communicate about benefits and (ERISA), the federal statute that administrator (whether an in- provide arrangements for the con- governs certain types of employee house benefits administrator or a tinued payment of wages during benefit plans, must be consid- third-party entity hired to provide facility shutdowns can be instru- ered.31 Prudent employers will at and record benefits), not at some mental steps in maintaining a loyal once confirm that the proper, future time when lawyers can flesh work force. As employers become updated Summary Plan Des- out the file through discovery. more attuned to the significant criptions (SPD) of its benefit plan Accordingly, it is crucial that the risks of pandemics, prudent plan- (Plan) are distributed to Plan par- Plan allocate sufficient resources to ning for such contingencies will ticipants and their covered develop fully the administrative become a normal part of their dependents. Otherwise, the Plan file, or benefits may be later award- emergency preparedness. provisions allowing the Plan to be ed by the courts to otherwise changed may not be enforceable.32 unqualified applicants. Donald W. Benson is a Worse still, if the employer cannot senior litigator with Examine Pay and the Atlanta, Ga., office Telecommuting Rules of Littler Mendelson A pandemic may lead to many where he helps employees working from home. employers avoid, Those telecommuting employees resolve and litigate employment who are non-exempt employees under the Fair Labor Standards Act disputes. Benson received his A.B. of 1938 (FLSA)34 can create off-the- degree in 1976 from Davidson clock and overtime issues for College in Davidson, N.C., his M.A. employers. The employee who is degree in 1978 in philosophy from performing the normal work activ- the University of Georgia in ities of the job over a computer Athens, Ga., his J.D. degree in from home may be working sub- 1984 from the University of Utah stantial additional time without in Salt Lake City, Utah. He can be management’s knowledge or reached at [email protected]. supervision. Additionally, these employees may be checking email Endnotes and voice mail outside of regular work hours. These off-the-clock 1. U.S. DEPT. OF HEALTH AND HUMAN activities may push the total hours SERVS., CENTERS FOR DISEASE CONTROL worked in a week beyond 40, enti- & PREVENTION, QUESTIONS AND tling the employee to overtime pay ANSWERS ABOUT AVIAN INFLUENZA at one and a half times the regular (BIRD FLU) AND AVIAN INFLUENZA A rate of pay.35 In order to avoid (H5N1) VIRUS (2006), http://www. problems under the FLSA, employ- cdc.gov/flu/avian/gen-info/ ers can require employees to check qa.htm. emails or to perform work only 2. WORLD HEALTH ORG., TEN THINGS during specified hours of each day, YOU NEED TO KNOW ABOUT

20 Georgia Bar Journal PANDEMIC INFLUENZA (2005), CENTERS FOR DISEASE CONTROL & efits based on reservation of right http://www.who.int/csr/ PREVENTION,INTERIM GUIDANCE to amend plan provision set forth disease/influenza/pandemic10 ABOUT AVIAN INFLUENZA A (H5N1) in summary plan description). things/en/index.html. FOR U.S. CITIZENS LIVING ABROAD 33. Id. 3. Id. (2005), http://www.cdc. 34. 29 U.S.C. §§ 201-219 (2005). 4. Id. gov/travel/other/avian_flu_ig_ 35. “Periods during which an employee 5. Id. americans_abroad_032405.htm. is completely relieved from duty 6. U.S. DEPT. OF HEALTH & HUMAN 21. 45 CFR §§ 160, 164 (2005). and which are long enough to SERVS., CENTERS FOR DISEASE 22. See id. § 164.512(b). enable him to use the time effective- CONTROL & PREVENTION, AVIAN 23. Under Georgia’s Workers’ ly for his own purposes are not INFLUENZA: CURRENT SITUATION Compensation statute, O.C.G.A. hours worked.” 29 C.F.R. § 785.16(a) (2006), http://www. cdc. § 34-9-1 to -9-421 (2004), if the (2005). Generally speaking, if an gov/flu/avian/outbreaks/ employee’s disease meets certain employer “suffers or permits” the current.htm; World Health Org., tests imposed by law, it can be employee to work, knowing or Epidemiology of WHO-Confirmed compensated. There must be a acquiescing in the performance of Human Cases of Avian Influenza causal relationship between the work, and such work benefits the A(H5N1) Infection, 81 WEEKLY employment and the disease. It employer, then the work is compen- EPIDEMIOLOGICAL RECORD 249, 249 cannot be a disease that is an ordi- sable. Id. § 785.11. (2006), available at http://www. nary disease of life to which others 36. Prudent planning for such pan- who.int/wer/2006/wer8126/en/ are exposed. GEORGIA STATE BD. OF demic contingencies will become a index.html. WORKERS’ COMP., EMPLOYEE normal part of an employer’s 7. WORLD HEATH ORG., CUMULATIVE HANDBOOK 11 (2003). emergency preparedness. Creative NUMBER OF CONFIRMED CASES OF 24. In this regard, employers must be approaches to preparedness can be AVIAN INFLUENZA A/(H5N1) aware of the risk of possible racial developed using the currently vol- REPORTED TO WHO (2006), and national origin discrimination untary National Fire Protection http://www.who.int/csr/disease/ if groups of workers in affected Association (NFPA 1600) Standard avian_influenza/country/cases_ industries (e.g., poultry process- on Disaster/Emergency table_2006_08_17/en/index.html. ing) who must be sent home are Management & Business 8. WORLD HEALTH ORG., supra note 2. predominantly from a particular Continuity (2004), which is avail- 9. U.S. DEPT. OF HEALTH & HUMAN ethnic or racial group. able at http://www.nfpa.org/ SERVS., CENTERS FOR DISEASE CONTROL 25. 29 U.S.C. §§ 2601-2654 (2005); 29 assets/files/PDF/NFPA1600.pdf. & PREVENTION, supra note 6. C.F.R. §§ 825.100-.800 (2005). This standard has been endorsed 10. WORLD HEALTH ORG., supra note 2. 26. The term “serious health condi- by the United States Department 11. Id. tion” is defined at 29 U.S.C. of Homeland Security. 12. Id. § 2611(11) (2005). 13. Id. 27. See, e.g., Miller v. AT&T Corp., 250 Earn up to 6 CLE 14. Id. F.3d 820, 832-33 (4th Cir. 2001) 15. Id. (holding that flu symptoms and credits for 16. Id. treatment constituted serious health authoring legal 17. 29 C.F.R. § 1910.1030 (a)-(i) (2006). condition requiring FMLA leave). 18. Id. § 1910.134 (a)-(o). 28. But see Ragsdale v.Wolverine articles and 19. Id. § 654(a). World Wide, Inc., 535 U.S. 81, 95- having them 20. U.S. DEPT. OF LABOR, OCCUPATIONAL 96 (2002) (striking down regula- SAFETY & HEALTH ADMIN., tions that prohibited employers published. GUIDANCE FOR PROTECTING WORKERS from retroactively designating Submit articles to: AGAINST AVIAN FLU (2004), leave as FMLA leave). The effect of http://www.osha.gov/dsg/ this decision is that employees will Marcus D. Liner guidance/avian-flu.html; U.S. DEPT. not be entitled in every case to Georgia Bar Journal OF HEALTH & HUMAN SERVICES, more than twelve weeks leave if 104 Marietta St. NW CENTERS FOR DISEASE CONTROL & an employer fails to designate time Suite 100 PREVENTION, INTERIM GUIDANCE FOR as FMLA qualifying. Atlanta, GA 30303 PROTECTION OF PERSONS INVOLVED IN 29. 42 U.S.C. §§ 12101-12213 (2005). U.S. AVIAN INFLUENZA OUTBREAK 30. 29 C.F.R. § 1630.9 (2005) Contact [email protected] DISEASE CONTROL AND ERADICATION 31. 29 U.S.C. §§ 1001-1461 (2005). for more information ACTIVITIES (2006), http://www.cdc. 32. See, e.g., Curtiss-Wright Corp. v. gov/flu/avian/professional/ Schoonejongen, 514 U.S. 73, 75 or visit the Bar’s website, protect-guid.htm; U.S. DEPT. OF (1995) (holding that an employer www.gabar.org HEALTH & HUMAN SERVICES, could eliminate retiree medical ben-

October 2006 21 GBJ Feature Responding

22 Georgia Bar Journal to the Hurricanes by Anthony H. Barash

n late August 2005 the world watched as

Hurricane Katrina ravaged the Gulf Coast, only to I be followed within weeks by Hurricane Rita. The local and national legal communities reacted, often hero-

ically, to these unprecedented events.

Faced with immediate critical needs for themselves, their families and their professional colleagues, lawyers in the region nonetheless began marshalling basic survival and legal assistance information for victims. FEMA Legal Assistance Disaster Recovery Centers (DRCs) and call centers were established and staffed by the ABA Young Lawyers Division and the state bar young lawyers divisions in the immediately affected states. With a remarkable response by willing but often untrained volunteers, they addressed both logistical and substantive issues. But there was a shortage of transportation, room and board, office space and supplies, and serious and complex issues impeded deploying, housing and providing for volunteers. Communications were spotty at best as DRCs and volunteers needed to be kept abreast of rapid- ly changing situations. Training and reference materials, especially in key areas of immediate concern, such as insurance, mortgage obligations, landlord/tenant, domestic relations, creditors rights and bankruptcy, had to be prepared, double checked and updated regularly to reflect constantly changing real world events and developments and then distributed to DRCs and volunteers. The hurricanes devastated local legal service programs, buildings and staff and the legal services infrastructure in impacted areas, compounding the challenge of providing legal assistance to affected persons. Facilitating coordination was critical to ensure that legal services providers, private lawyers and law firms, bar organizations, law school faculty and students, and the judiciary—many of whom were themselves severely

Photo by Tony Allen-Mills Photo by Tony impacted by the hurricane—were all involved in legal New Orleans Garden District, after Hurricane Katrina

October 2006 23 services delivery efforts. Ongoing ABA’s online national lawyer vol- technical and legal problems had to needs assessments and mid-course unteer recruitment effort. In addi- be resolved. For example, lawyers corrections were imperative in this tion, the ABA—in partnership with who wanted to come to the region dynamic, chaotic and kaleidoscop- the Legal Services Corporation, the confronted unlicensed practice of ic environment. National Legal Aid and Defender law issues. In due course, both the Those most immediately affected Association and probono.net— Mississippi and Louisiana Sup- by the hurricane were dispropor- developed the online Katrina Legal reme Courts adopted emergency tionately poor, elderly, sick, and Aid Resource Center (www.katri- orders permitting out-of-state disabled. They were joined by a nalegalaid.org) to complement and lawyers to provide pro bono legal whole new poverty population cre- augment the ABA’s disaster assis- services in those states under the ated by the disaster, people whose tance website (www.abanet. auspices of recognized local legal experience with poverty and org/katrina). The national legal services and pro bono programs. capacity to cope with personal and organizations used these resources And conversely, many other states financial disaster was untested. to provide training and reference adopted emergency orders to per- From past experience in large- materials, to offer information on mit displaced lawyers from scale disasters, legal services assistance to victims including Louisiana, Mississippi and providers and pro bono coordina- lawyers and law firms, to solicit Alabama to practice, enabling them tors knew that legal issues to assist evacuees as well as and legal assistance needs A scene epitomizing the destruction found across the region. to re-establish their prac- would surface slowly, tices in certain cases. over a matter of months, while out-of-state pro Rebuilding bono volunteers’ interest It has taken many in helping would peak months for the local legal soon after the event. That services providers and pro interest had to be main- bono programs to retained over an extended group. With financial assis- period of time, both to tance from resources across match the volume of the country, including emerging cases and issues many individual lawyers, and to give the local legal law firms and bar associa- services and pro bono tions, the legal services communities sufficient community has made time to develop the infra- major progress in rebuild- structure for managing ing its facilities, technology the volunteer effort. Cross Photo courtesy of the American Red and, most importantly, its “The critical importance of contingency planning cannot be overemphasized. Be prepared.”

The National Response lawyer volunteers, and to make personnel to address the escalating Meanwhile, at the national level, available a database of legal services needs of persons of limited means the response of the American legal resources throughout the country. in their service areas. community was immediate and In both Mississippi and significant. ABA President Michael Handling Volunteers Louisiana, the generosity of the S. Greco quickly appointed the Local legal services providers national legal community has ABA Task Force on Hurricane and pro bono coordinators in the resulted in the funding necessary Katrina to oversee the ABA’s region simply could not absorb the to hire statewide pro bono volun- multi-faceted response. An ABA immediate outpouring of interest teer coordinators. A gift of $75,000 Staff Working Group swung into from volunteer lawyers around the from the ABA Section of Business action, focusing on national coordi- country who wanted to help per- Law in March supported the hiring nation of needs assessment and sons affected by the disaster. of Karen Lash as the statewide dis- response, through a variety of ABA In addition to the obvious and aster legal assistance pro bono sections and entities. pervasive logistical issues inherent coordinator for Mississippi. With Technology played an important in managing significant numbers of financial assistance from the role, too. The ABA Center for Pro volunteers, including both lawyers Minnesota law firm of Robins, Bono developed and managed the and law students, some obvious Kaplan, Miller and Ciresi, and

24 Georgia Bar Journal other resources, Monique Drake was hired as the statewide disaster Why Your Help Still Matters Today legal assistance pro bono coordina- by Mike Monahan tor for Louisiana. Katrina Fatigue. Katrina Drain. These Planning and are terms used in the media to Preparation describe the public’s weariness for last year’s disaster; weariness So, even as legal resources were further compounded by a year of and continue to be deployed to worldwide natural disasters. But, for respond to the needs of Katrina’s many of Katrina’s victims still living and Rita’s victims, what has the day-to-day, it will take years for them to recover from the legal community at large learned? Photo by Theresa L. Anulewicz experience. First of all, we must plan for disaster. We must maintain and Property in the Ninth Ward neighborhood of There are many components that New Orleans destroyed by Hurricane Katrina must be addressed in order to enhance the organizational net- sits untouched one year after the storm. works linking national/local, restore some sense of normalcy for national/national and local/local those affected: medical care, response efforts. Websites posting housing, employment, insurance, and the list goes on. One of the common useful training and reference con- denominators is that each of these usually requires some amount of legal tent and links to helpful resources assistance from simple advice, to filing claims, to filing suit. and information are vital, but not In the early stages, the greatest and most critical need among victims is for legal necessarily accessible during and advice—”I have no ID, no birth certificate, no social security card. How can I apply for immediately after a large-scale dis- benefits without ID?” “I’ve never needed food stamps before. How do they work?” aster. They must be augmented “Where will my social security check go now that my house is washed away?” with relevant, user-friendly hard- Fortunately these and other critical questions about emergency benefits have copy materials that can be delivered largely been answered, thanks to the help of hundreds of pro bono attorneys, to the scene as quickly as possible. legal services lawyers and law students from across the country who rushed to set Electronic mailing lists and other up triage programs in shelters across the Southeast. communications to network inter- As the victims move along the recovery continuum and begin to look forward, ested parties are important tools for questions and needs change. Today, they are asking for help with FEMA appeals, managing and accessing a database mortgage and credit problems and insurance claims assistance. Next year they will of volunteers and other resources. be dealing with home repairs and contractor disputes; family law crises intensified We also must be prepared to by the disaster, including divorce, family violence and child support; and real bring human resources to the assis- property development pressures from local governments and developers. tance of our colleagues in places hit Because the individuals most impacted by the disaster were of low- to middle- by disaster, to assume interim man- income household status, they are also the ones with the greatest need for legal agement, coordination and technol- assistance and who are the least able to afford it. This population grew ogy responsibilities while those significantly due to the numbers of individuals who were on the fringes of poverty immediately affected recover and pre-Katrina and now, because of their changed circumstances, find themselves re-group. This includes coordina- coping with the reality of actual poverty. tion between national and local The increase in this population has stretched legal services programs in a number of responses, efficient identification states to the breaking point. Programs in Texas, Alabama and here in Georgia still and allocation of resources and have to serve their traditional clients from their communities, while dealing with the working groups, such as state-wide influx of cases brought in by evacuees. Volunteers were integral to the survival of pro bono coordinator projects, these programs before Katrina and they are needed now more than ever. development of new resources to respond to perceived unmet needs, and solicitation of financial support How You Can Help for programs in the field. And we Volunteers in all areas of law are needed to fill the gaps and lighten the load of legal services programs across the Southeast. In addition to taking on cases, you must encourage and support con- can help by developing reference materials; presenting at CLEs and community tinuing evaluation of our disaster education programs; and reviewing insurance policies and contracts for repairs. For response efforts, recognizing that, more information on how you can get involved, contact your local legal aid office although all disasters have com- or pro bono project, or contact Mike Monahan, director of the State Bar of mon elements, each is different, Georgia’s Pro Bono Project at 404-527-8762 or [email protected]. and we inevitably must tailor our response, sometimes in mid-course Mike Monahan is the director of the Pro Bono Project for the State Bar of and often on the fly. Georgia. He can be reached at [email protected].

October 2006 25 ARLSA Assists Animal Rescue teams met at dawn each morning at the Lamar-Dixon Exposition Center in Victims of Katrina Gonzales, La., loaded up their vehicles by Jess Davis with supplies, and headed for New and Anna Sumner Orleans’s most devastated areas where they faced a mix of toxic mud, stagnant Reprinted from the YLD Review and chemically-laced water, fragile As rescue efforts were launched to buildings, intense heat and humidity, and evacuate Gulf Coast residents, stressed animals. And each evening, the thousands of family pets were left same vehicles—now full of tired and behind, trapped in buildings and hungry dogs and cats (and volunteers)— roaming the streets for food. formed a line in front the facility’s in-take Recognizing the dire situation for these tent. Teams of volunteers then removed animals, The Humane Society issued a the rescued animals and carried them to call for assistance to animal rescue triage stations, where each was evaluated organizations across the country. Jess and treated. After receiving medical care Davis and Anna Sumner, co-founders of the animals were photographed, assigned the Animal Rescue Legal Society of an ID number and a tracking chip and Georgia (ARLSG) responded by packing then assigned to one of five barns, each of up and heading to Louisiana. which housed approximately 300 animals. Jess Davis works with an animal displaced by Hurricane Katrina. Established in 2004, the ARLSG adopted Because the State of Louisiana placed a the unique mission of providing legal 1,300-animal-limit on the facility, once believe was the largest animal rescue services to Georgia’s animal rescue capacity was reached, each night’s new and sheltering operation in our nation’s groups. Although the physical rescue of arrivals meant that an equal number of history. More than 6,000 animals passed animals is not part of their normal animals had to exit the facility. Typically, through the facility—and many have activities, the co-founders of ARLSG animals were sent in groups of 50 to 100, ended up here in Georgia due to the made the trek anyways. “So many via large air-conditioned trucks, to animal large number of excellent rescue rescue groups needed help, I decided to rescue organizations all around the country. organizations around our state. get in my car and drive down,” said On Oct. 13, 2005, the Lamar-Dixon For more information about the ARLSG, Davis. “If I don’t go do this now, when shelter closed, ending what many please contact [email protected] or would I ever?” [email protected].

The critical importance of con- level, local, state and national, ber that dislocation and displace- tingency planning cannot be now—not when it’s too late ment adversely impact coping overemphasized. Be prepared: skills at all levels within the There is simply no need to rein- impacted area. Q Establish and maintain national vent the wheel each time. Logistics The legal community plays a and local networks to facilitate are the key to an effective and critical role in disaster relief. We rapid, meaningful and practical meaningful early response to disas- must, and will, be prepared to con- gathering, distribution and ter needs. The legal community in tinue that help to victims of this sharing of information the impacted region, whether and future significant disasters. Q Anticipate unlicensed practice lawyers, pro bono coordinators, of law issues (both in-bound bar leaders or judges, must recog- Anthony H. Barash is director of and out-bound), concerns about nize that it, too, suffers personal, the American Bar Association professional liability insurance, financial and psychological losses. Center for Pro Bono. Amanda and other potential concerns of They are victims as well as service Jones and Peter Carson also con- pro bono lawyers providers. This places a premium tributed to this article. Jones, a Q Think through the tools that on externally sourced administra- partner at Bradley Arant Rose & were used or that we wished tive and management resources. White LLP, coordinated had existed, including those But there is also an early “burn- enabled by technology out” factor affecting volunteers Mississippi’s YLD Disaster Legal Q Create and archive training and and service providers. Recognize Assistance Program as president resource information and mate- the importance of creating of the YLD. Carson is a partner at rials “SWAT” teams to provide technol- Bingham McCutchen, LLP and Q Designate and train a disaster ogy and case management assis- serves as co-chair of the Pro Bono coordinator in every legal serv- tance and support for the existing Committee of the ABA Section of ices, bar association and pro legal services infrastructure. And Business Law. bono organization and at every last, but certainly not least, remem-

26 Georgia Bar Journal

GBJ Feature Georgia’s Legal Community Responds to Hurricane Katrina How One Firm Mobilized to Make a Difference

by Johanna B. Merrill

he photos are already bound in commerative Legal Aid and the Atlanta Volunteer Lawyers Foundation opened about 270 cases. coffee table books and television movies are The legal needs of disaster victims are site-specific and ongoing. In the immediate aftermath, survivors in the making, but the people of the Gulf needed assistance with housing, FEMA claims, landlord T and tenant disputes, insurance, identification and miss- Coast are still recovering from the 2005 hurricane sea- ing persons. Attorneys from around the country stepped in to advise victims about their rights and how to access son. According to the Federal Emergency Management government benefits. Because so many Katrina victims were unfamiliar operating within a bureaucratic system Agency, Hurricane Katrina was the worst natural dis- (as Katrina threw them into a life unknown to them), legal services organizations were in the unique position aster in U.S. history, destroying more than 93,000 of trying to reach a previously unserved demographic, in addition to serving their existing clients whose cases square miles, an area about the size of Great Britain. may have just become more difficult. Though the downtown offices of The New Orleans 950,000 applicants were determined eligible for assis- Pro Bono Project (NOPBP), led by Executive Director Rachel Piercey, were unharmed by Hurricane Katrina, tance under the Individuals and Households Program, the organization lost half its staff to relocation, going from six to three full-time employees. In the aftermath and more than 99 million cubic yards of debris have of the storm, they were working with few resources, and little outside help, within a city full of people sim- been removed in Alabama, Mississippi and Louisiana, ply trying to piece together their lives. Since the NOPBP, as well as other local legal service programs, paying out $3.7 billion to date. were just as devastated, either physically or through the loss of staff, as other businesses and residences, Statistics and numbers, however, give an incom- they needed as much assistance as the clients they were plete picture without citing the resilient spirit of the striving to serve. The legal community from surround- affected people and their neighbors, who by the thou- ing states and the nation, including Georgia, quickly sands, reached out to help Gulf Coast residents. volunteered people and resources to help fill the gap. Among the ranks of the generous are members of Georgia’s legal community. More than a year later, Solving the Volunteer Dilemma Georgia Legal Services is tracking about 1,000 legal Shortly after Katrina, Piercey’s friend and colleague, matters related to Hurricane Katrina, while Atlanta Kilpatrick Stockton’s Pro Bono Partner Debbie Segal,

28 Georgia Bar Journal called asking what she could do to From a Volunteer’s View: help. Piercey told Segal that their greatest need was a way to manage (forthegoodofthegulf.blogspot.com) the influx of volunteers that arose after Katrina. “At that time, they simply didn’t have the time or “The point is that you don’t have to help some- resources to handle the number of one recover a small fortune to make a difference people who wanted to help them,” Segal said. in a life. To someone who has little or nothing, Last December, Segal spent a any amount can be a small fortune.” week in the NOPBP offices setting up an infrastructure to manage the – Mike Petrusic, UNC law student dozens of law student volunteers who were signing up across the country to roll up their sleeves, pitch in and help. “Initially I thought I would be helping with long-range planning, because it seemed as if the crisis was over, but in reality the city and its residents were still in reaction mode. From the outside, we were all naïve,” she observed. The volunteer-management infrastructure that Segal set up was quickly put to the test as a group of students on winter break from the University of North Carolina’s law school arrived in New Orleans ready to work in NOPBP’s offices. They researched outstanding cases, tracked down Photo courtesy of forthegoodofthegulf.blogspot.com missing clients and paperwork The following are photos of the Lakeview neighborhood in New Orleans (the homes just on the and canvassed neighborhoods and other side of the breach).These were taken by the student volunteers as they saw it during their visit Dec. 22, 2005, almost four months after the storm. tent cities to let survivors know about the NOPBP and what it could do to assist them with their “I learned what rebuilding really means—that legal needs. The students stum- everyone checks their ego at the door, rolls up bled upon roadblocks like discon- nected phones, destroyed files and their sleeves, and digs in to do whatever needs missing people. According to doing as best they can.” Segal the law students were a good fit for the work and proved to be – Mandy Hitchcock, UNC law student excellent detectives. Following that trip, Segal traveled to UNC to meet with the students and faculty to assess their experi- Although it’s difficult ences and effectiveness. “The stu- to see, the orange dents wanted to go back,” she said. spray paint on the front of this house “They felt that there was more work (which sits directly in they could do and they wanted to front of the spend their spring break doing it. breached levee) But unfortunately, the Project didn’t reads “Danger” with a skull and have adequate supervision or the crossbones symbol resources to manage another round and “RIP.” In the of volunteers.” So Segal put out a upper windows, the call to Kilpatrick attorneys and the volunteers could see a lamp and bookcas- response was overwhelming. es, signs of a normal home before the disaster struck. October 2006 29 Law Students Pitch in training and the ability to share in students became detectives, track- on Succession and their legal knowledge and general ing down records that were now work experience, their presence housed in non-traditional loca- Divorce Cases removed the supervision burden tions—scattered throughout the In March 2006, joined by thou- from the NOPBP’s staff attorneys. New Orleans metropolitan area.” sands of students who descended “Every little bit that we could help, The students then followed up upon the Gulf to work during their helped them,” Gitomer said. Since with trips to the courthouse and spring break instead of hitting the succession and domestic law cases city hall to find and prepare all the beach and bars, the UNC law stu- were significant in numbers, and needed documents. “While trans- dents returned to New Orleans. they also presented the best oppor- fer of legal title issues are not This time two Kilpatrick attorneys tunities for the students to put their unique to New Orleans, Hurricane were on site to manage their work. current skill set to use, the students Katrina put this issue under a Jasa Gitomer and Daniel were briefly trained in those areas. national microscope. There was an Fishbein, associates in Kilpatrick’s Because proof of ownership urgency to resolve these cases, Atlanta office, were selected to must be provided before receiving because without proper title the travel to New Orleans to oversee FEMA or insurance monies, succes- home’s rightful owner wouldn’t the work of the law students. sion (probate) was a huge concern receive consideration, or, at a minimum decide whether to raze or rebuild,” added Fishbein. In an online blog, the students kept a record of their experiences in New Orleans. Diane Standaert, the then UNC law student who organized the trip, wrote about one of the succession cases. A man had been living with his uncle, and though he had a water-logged copy of the will showing him as the rightful heir, he couldn’t get another copy, as the drafting attorneys’ office had flooded. The man could no longer live in the home because it had been turned “upside down,” but he couldn’t cash the insurance check until he was legally recognized as the estate’s heir. In stepped the NOPBP. “Since the property owned in the destroyed areas is pretty much the only asset they have, without the ability to gain access or title, I feel that these families are literally beginning at ground zero,” she wrote. In addition to the succession cases, domestic law cases were also

Photo by Hollis Ellison a significant issue. As part of their (Left to right) Daniel Fishbein and Jasa Gitomer, associates in Kilpatrick Stockton’s Atlanta office, training, S. Guy deLaup, president- and Pro Bono Partner Debbie Segal each helped with the efforts to train and manage volunteers. elect of the State Bar of Louisiana, came to the NOPBP offices to give Gitomer, a Tulane University Law following Hurricane Katrina. the students an overview of School graduate and Fishbein, a However, as home tenancy was divorce law in Louisiana. They Baton Rouge, La., native, were well often passed down from genera- quickly learned that even divorce is suited for the trip as they had per- tion to generation, proper legal title a Katrina issue. In some cases cou- sonal connections to the region. was often overlooked. A substan- ples that had been separated for Gitomer and Fishbein helped tial number of NOPBP’s cases dealt years weren’t able to get individual train the students to do more sub- with succession. Fishbein, who FEMA checks or trailers, as they stantive work. In addition to allow- oversaw the students working on were paid out per household. ing the law students hands-on the succession cases, said, “The law Separated couples were ineligible

30 Georgia Bar Journal for disaster relief until their Lawyers Foundation and took any- Job Fair. Kilpatrick took on the divorces were finalized. There one who walked in, as long as their responsibility of compiling a train- were also cases where one spouse presence in Atlanta resulted from ing manual for the event, and the would file for FEMA or insurance the hurricane. (Attendance at the firm quickly mobilized to pull money without the knowledge of one-day Job Fair topped 15,000. everything together. the other spouse, leaving the non- However only about 1,500 of those This event was consistent with filing person without compensa- people were Katrina evacuees.) the culture at Kilpatrick, which is tion. There were children who Over the course of the day, the one of pro bono and community were with their non-custodial par- triage lawyers saw 110 legal mat- service. “I believe the most satisfy- ent when the storm hit who evacu- ters ranging from what to do about ing thing you can do is help other ated to parts unknown. Families FEMA and insurance, to a woman people,” Segal said. “Our volun- needed to be put back together and who’d rented a car in New Orleans teers were desperate to help and the backlog of cases that existed in order to evacuate who now had walked away feeling they had prior to the storm was exacerbated. no way and no place to return it. done a good day’s work.” Gitomer, who has experience in “After just a month, most people domestic law, supervised the were still dealing with survival Johanna B. Merrill is group of students assigned to these issues. They didn’t know what their the section liaison for cases. “At first I thought, ‘How are true legal issues were,” Segal said. the State Bar of Georgia divorces important?’ but I realized Eighty attorneys and paralegals and a contributing that it was important to help clients volunteered and were trained in writer to the Georgia move on with their lives, and that “legal triage” a week prior to the Bar Journal. helping one client move on helped the community as a whole,” she explained. “Their work was as Disaster Recovery, by Jennifer R. Mason important as gutting homes or There is no way to know for sure if your firm will be spared a disaster, be it picking up debris in the Ninth weather-related, human-created or just simply the result of bad luck. Having a Ward—it was inspiring. Their disaster plan in place will enable you to get your organization back up and running excitement renewed my excitement in the event of an interruption. for the law.” When you start to develop your disaster plan, consider three subjects: human resources, physical resources and business continuity. Think about how a disaster Firm Follows Up with could affect your employees, customers and workplace. Think about how you Additional Resources could continue doing business if the area around your facility is closed or streets are impassable. Think about what you would need to serve your customers even if Following the spring break trip, your facility is closed. The following questions should serve as a starting point for Kilpatrick sent two of its paralegals, what you need to include in your plan. Betsy Hale of the Atlanta office and O How will you protect your people? Katie Nowell out of Washington O How will you protect your information? D.C., to the NOPBP offices to input O How will you protect your financial assets? the data the students collected and O How will you protect your physical facilities? organize files. Segal commented, O How will you honor your firm’s commitments? “Their work was tremendously O How will you coordinate and implement the plan? valuable as they managed the flow of information that did not stop, Creating a disaster recovery plan may seem daunting, but it is in your best interest and their clean up ensured quality to ensure that your firm is prepared to function at any level, at any time, for your and accuracy.” Hale and Nowell sake, the sake of your employees and colleagues, and the sake of your clients. returned to their respective cities to There are many resources available for disaster recovery planning. Here are just a log files and data remotely, contin- few that may be helpful. uing to unburden the Project’s Q Nonprofit Coordinating Committee of New York, Inc.: skeleton staff. Disaster Planning, Emergency Preparedness & Business Continuity In addition to their work, http://www.npccny.org/info/Disaster_Planning.doc Kilpatrick also set up and staffed 15 Q FEMA: Emergency Management Guide for Business & Industry “legal triage” tables at the Chamber http://www.fema.gov/business/guide/toc.shtm of Commerce Job Fair, held in Atlanta’s World Congress Center Q Katrina Legal Aid Resource Center on Sept. 27, 2005, along with attor- http://www.katrinalegalaid.org/legalaidsubpage19230.cfm#Manuals neys from BellSouth and Cingular. Q Dept. of Health and Human Services: Pandemic Checklist for Business The attorneys operated under the http://www.pandemicflu.gov/plan/businesschecklist.html umbrella of the Atlanta Volunteer

October 2006 31 GBJ Feature The Newton County Courthouse at Covington The Grand Old Courthouses of Georgia

by Wilber W. Caldwell

ewton County was carved from Jasper,

Henry and Walton Counties in 1821. The N first court was held in the old brick store that was built in 1822 and still stands today in rural

Newton County. The town of Covington, originally

called Newtonsboro, was laid out in 1822, and a tempo-

rary log courthouse was soon built on the side of the

square. A brick courthouse was completed a few years

later. A second brick courthouse was built on the square

in 1856 to replace the earlier brick structure, which

burned in that year. That courthouse, along with a siz-

able portion of the rest of the town, burned in 1883, and

a new courthouse, designed by the Atlanta architectur-

al firm of Bruce and Morgan, was complete in 1884.

This is one of only a few courthouses built in Georgia to articulate the full flower of the Second Empire Style. Caldwell Photo by Wilber W. Built in 1884, Bruce and Morgan, architects. Apart from the simple charm of Alexander Bruce’s three nearly identical courthouses at Sparta, Monroe and routed through Madison, Covington saw herself literally Gainesville, which reflected only a rather rural and at the crossroads formed by the Augusta-Atlanta road reserved suggestion of the style’s ornamental grandeur, and the proposed rails connecting Macon and Athens. there were only three Second Empire courthouses built in The choice of the Second Empire style here at the state. These were all in railroad centers: Atlanta (1883); Covington reveals a great deal more about the town Athens (1876); and Macon (1872). Covington must have than a false sense of urbanity. In the late 1860s, and viewed her fate as intertwined with these giants of com- early 1870s, the style took the North by storm. merce. Indeed, how could she not? After all, in the early Washington, D.C., became so identified with Second 1880s, before the Covington and Macon Railroad was Empire buildings that the style came to be called the

32 Georgia Bar Journal General Grant Style. Its beginnings the flimsy fibers of cotton. Poverty abreast of its times than that of other can be traced to France in 1853 cloaked the countryside. The price of Georgia architects in the decades when Baron Haussmann was cotton fell to just over five cents a before the entrance of the placed in charge of what turned out pound by 1894, while a miniature “American Renaissance” into the to be a veritable rebuilding of the Parisian monument adorned the state around 1900. Most Southern city of Paris. Louis Napoleon was town square in Covington. designers of the late nineteenth cen- determined to make Paris the pre- When it came to designing court- tury copied the reserved character of mier city of Europe, and in his zeal, houses, the Atlanta architects, the Romanesque Revival, and threw he swept aside old buildings by the Alexander C. Bruce and Thomas in a hint of H. H. Richardson and block and replaced them with the Henry Morgan, were a team that perhaps even of a bit of the brick new architecture of the Ecole des proved almost as prolific as vernacular. On the other hand, the Beaux-Arts. For the French, the Atlanta’s other premier courthouse early courthouses of Bruce and Second Empire style was not so architect of the era, J. W. Golucke. Morgan flaunt not only the much a new style as a continuation The firm of Bruce and Morgan Romanesque Revival, but also the of familiar Renaissance elements designed sixteen courthouses in Queen Anne and the Second Empire arranged to satisfy a modern func- Georgia between 1883 and 1898. styles, incorporating all manner of tionality and the new French Earlier, Bruce designed two others high Victorian eclecticism. rationalism of the Ecole des Beaux in Georgia with William Parkins, We don’t have to look far to find Arts. But in America, it was unlike and numerous others in his home Bruce’s model for his creation at anything the county had seen. In state of Tennessee, before coming to Covington. He had designed a simi- the New World, Second Empire Atlanta in 1879. Morgan designed lar Second Empire style court build- models were scarce and its progress two more Georgia courthouses after ing at the blossoming rail center of scribed a rather free and, some Bruce’s retirement in 1904, thus Chattanooga just before establishing might say, creative course, while its bringing the total in Georgia to 20. his practice in Atlanta in 1879. symbolism became that of progress, Unlike Golucke, Bruce and high finance, industry, the rail- Morgan were architects in every Excerpted by Wilber W. Caldwell, roads, and the Federal Government professional sense of the word. author of The Courthouse and the all rolled into one. Both served long and arduous Depot, The Architecture of Hope There was much here for apprenticeships in architectural in an Age of Despair, A Narrative Southerners to hate in 1884. Indeed offices: Bruce in the shadow of Guide to Railroad Expansion and for the South, Second Empire style William Strickland in the Nashville its Impact on Public Architecture architecture was triple damned: it offices of H. M. Akeroyd, and the in Georgia, 1833-1910, (Macon: was Parisian and thus implied a low younger Morgan in that same moral character, it was Northern and office and later under Parkins and Mercer University Press, 2001). thus represented the victory of Bruce in Atlanta. Bruce attended Hardback, 624 pages, 300 photos, industrialism over agrarianism and school in Nashville, but did not 33 maps, 3 Appendices, complete the individual, and it was called study architecture. The first formal Index. This book is available for “General Grant” after the so-called course in architecture in the United $50 from book sellers or for $40 “Butcher of the Wilderness.” That States was not begun until 1868 at from the Mercer University Press the Second Empire style graced the the Massachusetts Institute of at www.mupress.org or call the streets of Atlanta or Macon less than Technology. Mercer Press at 800-342-0841 two decades after the Civil War was Generally speaking, the work of inside Georgia or 800-637-2378. one thing. These cities were commer- Bruce and Morgan was more cial centers and sought without reserve the riches of Northern capital. But for Covington to build a Second Empire style courthouse is astounding—perhaps a bank or a railroad building—but a courthouse.... Here local businessmen must have bought heavily the stock sold by the purveyors of the myth of the new South. They clothed themselves with the trappings of prosper- ity as their town grew, unaware that the foundations of their buildings, their railroads and indeed their dreams themselves were nothing but

October 2006 33 GBJ Feature

Delivering on the Promise of Equal Justice

by Phyllis J. Holmen

The following article is adapted from remarks delivered to the Supreme Court of Georgia’s Civil Justice Committee on June 19, 2006.

“ qual justice for all” is the promise that is chis-

eled in the marble over the entrance to the E Supreme Court of the United States. Georgians cherish this principle. In a State Bar of

Georgia-commissioned poll in 2005, 84 percent of

Georgians said that our court system should provide

access to justice for all, without regard to income, race or

political affiliation. For 35 years, Georgia Legal Services

Program (GLSP) has worked to deliver on that promise. Map created by Litigation Presentation

Solving Critical Civil Legal Delivering good value to Georgia communities: Of the 154 counties Problems for the Needy (outside metro Atlanta) served by Georgia Legal Services, 91 counties are “persistent poverty” counties (counties highlighted in light blue); Our work is about basic human needs and solving and 35 counties have four or fewer lawyers per county (counties out- critical problems for Georgians with low incomes that lined in dark blue). involve their families, their homes, their children’s education, their health care, their seniors. The majority of paralegals, and 50 other staff. We do not serve Fulton, our clients are members of families, and most of them DeKalb, Cobb, Gwinnett, or Clayton Counties—they are the so-called “working poor.” We also are served by the offices of the Atlanta Legal Aid welcome the most vulnerable members of our commu- Society. The annualized income limit for a family of nities, including the homeless, the disabled, the elderly, four for our services is $25,000. people who don’t speak English. We are the first point Our staff attorneys provide a full range of legal servic- of contact with the justice system for many. Our largest es to clients, from advice and counsel, to representation at offices can get 1,000 calls per week; many of those are hearings and appeals, to appellate courts. Paralegals have referred to private lawyers, some with criminal prob- their own caseloads involving public benefits and hous- lems, some with fee-generating cases; those with no ing. We recruit private attorneys to take additional cases. legal problem are referred to other sources of help. We collaborate with other organizations such as domestic GLSP is a nonprofit law firm with a $12 million violence shelters, homeless serving agencies, local bar budget, 11 regional offices in small cities around the associations, and others. We have 11 full- and part-time state, and about 160 staff, including 70 lawyers, 35 “specialists” with expertise and experience in areas like

34 Georgia Bar Journal family law, housing law, govern- establish Qualified Income Trusts last Alberto, in the summer of 1994. ment benefits, education, and dis- that directed all of the individual’s That was the year that GLSP staff ability law. We have a Farmworker income to nursing home care, became disaster legal assistance Division with four attorneys and re-establishing eligibility for benefits experts. That year we had two paralegals, all bilingual, who Medicaid. But that required devel- more than 65 counties across the handle wage claims for Georgia oping and executing trust instru- state declared disaster areas, with farmworkers. ments, powers of attorney, rela- the area from Albany to Macon Every office has a toll-free tele- tionships with banks, and willing hardest hit. The Flint River lapped phone line, which is available to and trained trustees for hundreds at the front steps of our office in clients. Lawyers and paralegals cir- of clients across the state. We Albany. We quickly learned about cuit ride to counties in their service enlisted help from the Senior Legal FEMA, disaster unemployment area. We go to nursing homes, Hotline, the Pro Bono Project, the benefits, disaster food stamps, and mental institutions, public housing Elder Law Committee of the YLD, much more. We learned how to set units, senior centers, domestic vio- and volunteer lawyers across the up shop at Disaster Assistance lence shelters, homeless shelters, state, training them via web pre- Centers and work with the Red farmworker labor camps, hospices, sentations and posting forms and Cross and GEMA. We subsequent- Latino festivals, Law Day pro- instructions on our websites. In the ly realized how critical this knowl- grams, and AIDS clinics. We reach end, no resident was involuntarily edge is every spring when tornado out to clients who don’t speak discharged, but the effort was mas- season hits very hard in Southwest English. Our case acceptance deci- sive, crisis-driven, highly technical, and Northeast Georgia. sions are essentially a “triage” and essentially stopped other criti- And we really put it to use when process of deciding whose need is cal work for other needy clients for Katrina evacuees came to Georgia. most critical, and which solution many weeks. We are still handling We had lawyers at church base- will have the greatest impact. these cases as they come in. ments, state parks, and so-called Our cases are not about big FEMA hotels working with evacuees money, but they are about the Preventing Homelessness to secure replacement ID docu- things that we all say we value Welfare reform is being touted as ments, track misdirected disability most—our families, our homes, putting thousands of people to checks, establish eligibility for FEMA our parents, and our health. We work, but there is also some ques- and other benefits, and secure hous- take the cases that would be a huge tion about the permanence or ade- ing. We worked with city officials burden to a private practitioner, quacy of those jobs to lift people out when FEMA threatened precipitous- though we have hundreds of indis- of poverty. Federal law has provid- ly to evict tenants from those hotels pensable volunteers who accept ed some breaks to help people tran- without legally required assistance cases from us around the state. sition into work. One is a provision to find new housing. Many of these that offers public housing residents clients were senior citizens or per- Addressing an “income disregard” for a period sons with disabilities who were sep- Basic Needs of time, keeping their rent low, to arated from family. help the new worker stabilize in the Protecting Vulnerable working world. We had a client Addressing Senior Citizens who got off welfare and got a job as Language Barriers In the spring of 2004 the Georgia a teaching assistant at her chil- Many of us have been in a for- Department of Community Health dren’s school at $13,000 per year. eign country where we didn’t announced a change in state policy The director of the housing author- know the language, needed to get a that threatened to displace as many ity thought the income disregard hotel room or order a meal, and as 1,300 frail and vulnerable senior didn’t apply to someone with such struggled to get basic needs met. citizens from nursing homes a “high” income. She soon was fac- Imagine having a serious legal because of so-called “excess” ing eviction because in addition to a issue and being unable to speak the income. These individuals includ- greatly increased rent, she had language. In 2004 and 2005, we ed retired teachers and fire fighters childcare, transportation, clothing, began a project in North Georgia to with pensions that put them just a and other expenses. We intervened serve the growing Latino popula- few hundred dollars over the and showed the housing authority tion there, with special funding Medicaid eligibility limit, but director how the law did in fact from the Healthcare Georgia which were nowhere near enough cover her, and saved her and her Foundation and the Goizueta to cover their needed nursing children from homelessness. Foundation. We found many prob- home care. Working together with lems with children who should Atlanta Legal Aid, we assessed the Disaster Legal Assistance have been getting Medicaid, proposed policy and found a Tropical Storm Alberto in June including some where providers method allowed by federal law to 2006 reminded many of us of the were denying services because

October 2006 35 (Middle) Solving critical civil legal problems for the needy: Georgia Legal Services is the non-profit law firm for 1.5 million Georgians in poverty. Its ll regional offices are located in various small cities and towns across the state. Pictured middle is the Valdosta Regional Office.

(Top) Disaster Legal Assistance: Hundreds of homes were destroyed when tornadoes struck Camilla, Ga., in February 2000. Georgia Legal Services provided legal advice and counsel at the Disaster Recovery Center.

(Bottom) Addressing the causes of poverty not just the crises: Georgia Legal Services attorney Homero Leon (standing) trains local residents seeking to establish a community development corporation in Claxton, Ga.

records were filed under the wrong thinking, with no one to help. We government rural improvement one of the hyphenated last names trained paralegals and attorneys in grants or other resources. We are that the Latino culture uses. We this new Program who were able one of the very few legal services also found hospitals entering to, and continue to, help many sen- programs that provide this service wrong or misspelled names on iors across the state. in rural areas. birth certificates. We undertook Like most lawyers, we give a dialogue with these institutions to Addressing the Causes of great deal of counsel and advice, help them be more culturally Poverty, Not Just the Crises trying to help people decide if they responsive. We also found state We have a growing business law have a legal problem and what agencies with no bilingual staff and practice where we help community- their options might be. Together no Spanish language paperwork, based organizations in small with ALAS, we developed a web- despite the requirements of state communities all over the state with site, which is nationally recognized and federal law. As a result of our projects that help develop their own for its comprehensiveness and efforts, child support and unem- communities. These projects include quality at www.legalaid-ga.org. ployment offices in North Georgia helping groups that are developing This helps us with the struggle over have hired bilingual staff. The state affordable housing, groups that are choosing between providing a “lit- agencies have translated docu- transforming the abandoned black tle bit of help” to many people who ments, and the Department of high schools into community may not be able to make use of it on Labor has established a Spanish- centers for after-school and other a pro se basis, to taking fewer cases language hotline for unemploy- activities, groups that are mentoring for more complete representation. ment benefits. at-risk kids with programs to build We refer people to this website for self-esteem and hope, and many information, forms and links to Cutting Government more. We do the transactional legal other resources. We have a resource Red Tape work for these groups that start for volunteer lawyers at www.geor- The Medicare Part D Drug building their dreams on the dollars giaadvocates.org. We also speak to Program has its supporters and its they collect from their neighbors up client groups about their legal critics, but most people will agree the street or the members of their rights and responsibilities and offer that it was a challenge to under- church. We help them through the brochures and other materials, to stand and navigate the enrollment process—find resources, meet legal try to prevent legal problems or process. Imagine being a senior, requirements, partner with local help them help themselves. especially one with little education banks or government leaders, and Sometimes, as I’ve described, we or a disability that impaired your structure their project to qualify for try to work to remove systemic

36 Georgia Bar Journal (Top) Addressing language barriers: The Latino population is growing faster in the South than anywhere else in the United States. Georgia Legal Services’ advocacy breaks through barriers to address language access problems for limited English speakers.

(Bottom) Addressing basic needs: In 2004, Georgia Legal Services assisted almost 900 individuals stay in their nursing homes, avoiding the loss of more than $500,000 in Medicaid benefits threatened by a change in state policy. obstacles to decrease the number of many of these cases we helped a our clients, and sometimes for oth- problems overall. Much of what victim of family violence escape ers in our communities as well. The we do is actually law enforcement, the abuser and take the first steps challenge for our profession is to helping people use the rights they out of chaos and toward self-suffi- find a way to move beyond provid- have based on existing laws and ciency. We preserved housing for ing justice for the small fraction of explaining to government agen- thousands of families. We secured needy Georgians who know how to cies, landlords, and others that our almost $25,000 per month in dis- access assistance, and make equal client is in fact entitled to what she ability and retirement benefits. justice a reality for all. Legal servic- is seeking or seeking to avoid. Last year we leveraged about $1.2 es for the needy is an essential part million in free or reduced cost of assuring that core value of Delivering good value to lawyer time. These are big victo- “equal justice for all” is a reality, Georgia communities ries for individual clients, and and that we walk the walk and not Georgia has 91, or more than good things for their communi- just talk the talk. one-third, of the 242 “persistent ties. Persistent poverty, family poverty” counties in the Southeast, violence, homelessness, children Phyllis J. Holmen is defined as one where a significant not in school, sick people not get- the executive director segment of the county has been ting health care, seniors ripped off of the Georgia Legal 1 poor across three census cycles. by consumer frauds—these are Services Program. She More than three-quarters of a mil- not good things for communities, can be reached at lion Georgians outside metro yet few understand how critical [email protected]. Atlanta have incomes below the legal services are to addressing poverty line. Compounding the these problems. Endnotes problem of access to justice is that Our vision of justice is a two-part 35 Georgia counties, or more than one: (1) equal justice, where people 1. See, Dismantling Persistent one-third, have five or fewer can rely on the justice system to Poverty in Georgia, Breaking the lawyers; five counties have no uphold rights and resolve disputes Cycle, Carl Vinson Institute of lawyers at all.2 fairly, and (2) social and economic Government, University of We bring money and stability justice, to ameliorate the effects of Georgia, 2003, http://www.cviog. to these communities. In 2005 we poverty, eliminate obstacles to self- uga.edu/services/research/ established more than $1.4 million sufficiency, and create opportuni- poverty/index.php in ongoing family support such as ties out of poverty. Our staff is 2. State Bar of Georgia Membership child support and alimony. In often the embodiment of justice for statistics, 2005.

October 2006 37 GBJ Feature

The Committee on Civil Justice Addressing the Legal Needs of Georgia’s Poor

by Caren Henderson

arah is an elderly widow who recently had

new windows installed in her home. S Because the windows were not installed as required by contract, she declined to pay the installer

until the work is done properly, which led to a lien

being placed on her house. Now, without the help of a

pro bono attorney, she must attempt to clear a mate-

rialman’s lien on her home even though the windows

still haven’t been properly installed.

Joseph, another Georgia resident, is a divorced father of two who regularly pays his child support. Shortly after a court in Georgia granted his divorce, his ex-wife moved with his son and daughter to Alabama. According to his divorce decree, Joseph was supposed Comstock Images to see his children every other weekend. Because of the distance and the cost of travel, he now rarely sees them. In any given year nearly 40 percent of the state’s Joseph wants to modify his divorce decree, but because poorest citizens have at least one civil legal need, and he cannot afford a lawyer, he is faced with trying to yet only one in 10 is able to secure legal representa- navigate these jurisdictional issues alone. tion. These Georgians are often our neighbors, elders

38 Georgia Bar Journal and friends, who are left to face GLSP. The poverty line is defined Another challenge arises because complex legal issues without the as a gross income of approximate- legal services providers are some- benefit of a lawyer. Even more ly $25,000 per year for a family of times restricted in the types of troubling is the fact that most four. Similarly, Steven Gottlieb, cases they are authorized to han- poverty-law cases impact areas of executive director of the Atlanta dle. For example, ALAS and GLSP, fundamental human concern, Legal Aid Society, reports that both of which receive some federal including family, housing, health preliminary census data indicates funding from the Legal Services and education. that Georgia’s poverty population Corporation, cannot initiate, partic- To help people like Sarah and will increase by 94 percent ipate or engage in class action law- Joseph, and other low-income indi- between 2000 and 2010. That suits. An additional challenge to viduals who live in our state, the means, of course, that the need for offering legal services to all Georgia Supreme Court formed the civil legal services by low-income Georgians is that oftentimes the Committee on Civil Justice. The Georgians is expected to increase provider’s geographical reach does Committee on Civil Justice, which dramatically. not extend to citizens living in iso- held its first meeting on May 2, will Supreme Court of Georgia Chief lated areas of the state. In five of work to strengthen Georgia’s civil Justice Leah Ward Sears recently Georgia’s counties there are no justice system by developing, coor- commented, “Although Georgia lawyers, and in 35 of the state’s dinating and supporting policy ini- has made significant strides in counties there are five or less. tiatives to expand access to the meeting the needs of indigent Six years ago the State Bar of courts in civil matters for low- criminal defendants, for many of Georgia began studying ways to income Georgians. its poorest citizens requiring assis- improve the delivery of civil legal According to Phyllis Holmen, tance in civil legal matters, the services to the poor through the executive director of the Georgia promise of meaningful access to State Bar’s Access to Justice Legal Services Program (GLSP), justice has been slow in coming.” Committee. The Committee con- there are currently more than Georgia’s increasing poverty cluded its work in 2004, with a rec- 750,000 people in Georgia who population, however, is not the ommendation that the State Bar’s live below the poverty line in the only challenge facing legal aid and Board of Governors support a reso- 154 county area served by the pro bono providers in the state. lution to urge the Supreme Court to Minnesota Lawyers Mutual policyholders are hereby served with a 2005 dividend payment of $4,500,000!

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October 2006 39 Special Thanks form an Equal Justice Commission. and the poor.’ I look forward to the A special note of thanks to 2003 This work ultimately resulted in the work of this commission as an Access to Justice Committee Chair Supreme Court creating the Equal opportunity to advance these P. Todd Carroll III and 2004 Access Justice Commission, comprised of responsibilities of my office.” to Justice Committee Co-Chairs two independent committees—the Open to the public, the Hulett “Bucky” Askew and Gerald Committee on Access and Fairness Committee will hold its next two Weber, for their tireless efforts to in the Courts and the Committee on meetings at the State Bar of create the Committee on Civil Justice, an important tool in filling Civil Justice. Georgia. On Oct. 31, at 9:30 a.m. the gaps of providing legal Building on the work initiated the Committee will discuss “The representation to Georgia’s by the State Bar’s Access to Justice Justice Gap” and “National Access poorest populations. Committee, the Committee on to Justice Initiatives” will be the Civil Justice will assist stakeholder topic for the Dec. 4 meeting, at 10 Supreme Court of Georgia organizations in developing strate- a.m. For more information about Equal Justice Commission gic alliances; eliminating duplica- the Committee’s work, please con- Committee on Civil Justice tion of effort; and securing the tact Executive Director Karlise Y. 104 Marietta Street, N.W. legal, financial and political sup- Grier at 404-920-0038. Suite 670 port necessary to improve the Atlanta, Georgia 30303 delivery of services to those in Caren Henderson is the 404-920-0038 (o) need. Judge Wayne M. Purdom director of communi- 404-225-5041 (f) says of the Committee’s daunting www.gaccj.org cations for the State task, “Access to the courts, whether Bar of Georgia. She Ex Officio Member on your own or through an attor- can be reached at ney, is protected in Georgia’s Bill of Chief Justice Leah Ward Sears, chair [email protected]. Rights, and as judges we take an Chair oath ‘to do equal rights to the rich Marc Gary Vice Chair Anne W. Lewis Members Paul Todd Carroll III Richard H. Deane Jr. Terence A. Dicks Hon. William S. Duffey Jr. ATTORNEY COACHES Reverend Jane Fahey ARE NEEDED FOR Professor Timothy W. Floyd HIGH SCHOOL TEAMS G. Sanders Griffith III Senator Seth Harp THROUGHOUT GEORGIA Thomas D. Hills Linda A. Klein CLE credit is available for coaching a mock trial team! Victor M. Lai SERVE AS A MENTOR TO HIGH SCHOOL STUDENTS Charles T. Lester Jr. AND MAKE A POSITIVE IMPACT IN YOUR COMMUNITY! Rep. Edward H. Lindsey Jr. Hon. Willie Lockette A SPECIAL THANK YOU TO THE FOLLOWING CONTRIBUTORS FOR John B. Long THEIR FINANCIAL SUPPORT DURING THE 2006 MOCK TRIAL SEASON! Hon. Wayne M. Purdom Georgia Bar Foundation • Council of State Court Judges • Rita A. Sheffey Georgia Civil Justice Foundation • Criminal Law Section • Labor and Cubbedge Snow Jr. Employment Law Section • General Practice and Trial Law Section • Michael Tyler Thomas W. Malone • Savannah College of Art & Design • W. Terence Walsh Leanne Beutler • Hon. George H. Carley • Powell Goldstein, LLP Derek J. White A Special thank you, also, to the Lawyers Foundation of Georgia for their Advisors continuing support of the mock trial program. Martin L. Ellin For more information, contact the mock trial office at 404-527-8779 or Steven Gottlieb toll free 800-334-6865, Ext. 779; or email [email protected]; Sharon N. Hill for online sign-up go to www.georgiamocktrial.org Phyllis J. Holmen Michael L. Monahan

Executive Director Karlise Y. Grier

40 Georgia Bar Journal anxiety about your prior acts? It might be time to cover your tail.

- Jeffrey H. Fields, CLU fter many years of writing There are certainly large premiums at • If you are a member of a firm and lawyers professional liability stake. Tail coverage will cost as much decide to go into solo practice, evaluate A insurance, I know that it is or more than the policy did in the first the likely perpetuation and continuity of essential to listen carefully to every place. On the other hand, buying new professional liability insurance for the firm question that my client asks. I find it coverage without prior acts coverage that you are leaving. If that firm is even more important to listen for the will probably be 60% less expensive expected to be stable in the future, you questions that they think they are than coverage with full prior acts. may decide that you can buy new asking. Great attorneys, precise in Understanding these options and coverage without prior acts coverage their speech, can be heard interchang- features becomes particularly valuable since your work at the old firm remains ing the meanings of tail coverage, when a change in your practice involves covered. (extended reporting period), and prior both an expiring policy and a new acts coverage. The claims-made policy policy. • If yours is a firm that regularly adds new is an evolved hybrid product, so a little lawyers, consider making it firm confusion is understandable. However, As you consider how to best manage procedure always to add new lawyers making the extra effort to fully your coverage, there are four typical without prior acts coverage, subject to understand these two features can be policy provisions (check your own exceptions negotiated with management quite valuable to your firm. policy and underwriter to make in advance. Write this provision in your sure that yours is typical) that employee handbook to avoid Confusion results from the fact will influence your decision. misunderstandings. Make exceptions that the meaning and only for those new hires that can neither significance of the terms has 1) When you leave a firm, the have prior acts covered by their prior evolved since the claims-made work that you did for that firm firm, nor purchase a tail. In the long run, form became the standard for remains covered by that firm’s your firm’s premium will be lower as a lawyer’s malpractice. As professional liability insurance result of not insuring unrelated prior acts. underwriting approaches policy and you continue to be You will also avoid exposing your change, the underwriter’s use of this an “Insured” under their policy for all deductible and your valuable time to policy provision will change. Adding to work done on behalf of that firm. non-firm losses. the confusion is the fact that while these are two different provisions, they 2) When you create a gap in your prior • If your firm’s insurability suddenly suffers are designed to accomplish similar acts coverage by failing to keep that (e. g. several losses caused by an objectives. coverage in force, it becomes virtually impaired lawyer), you obviously will first impossible to restore full prior acts need to deal with the problem. In this Unlike the better understood coverage. example, if the offending member is “occurrence” insurance policy form, removed from the roster, the firm can coverage under a claims-made form is 3) When you bring a new lawyer into then buy tail coverage for their expiring triggered by the reporting of a claim your firm, many insurers will allow you policy, thereby locking in coverage for the within the policy period. The claims- to do so either with or without prior past, including problems still to be made form has some real advantages acts coverage (provided that work is discovered. New coverage for the firm for the insurance company’s actuary currently insured). could then be sought (from other carriers) who must try to predict the losses for a without those risky prior acts and without category of insurance in which losses 4) With only very limited exceptions, the problem member. often take many years to develop and tail coverage must be purchased on resolve. While this claims-made behalf of the entire firm, rather than by Understanding how to manage your firm’s approach solved that big problem for individual members of a firm. prior acts coverage and knowing when to the actuary, it created two new buy tail coverage will be valuable. If you problems. First, how do we cover acts With these provisions in mind, let’s change insurance carriers without buying that happened before the policy period consider a few examples of how this a tail (the norm), verify that the prior acts started, but were reported during the knowledge can help you: coverage is identical on the new policy to policy period? Answer: prior acts avoid creating gaps. Practices and coverage. Second, how do we cover • If you are in solo practice and decide provisions can vary significantly between claims that do not get reported until to join a firm, consider negotiating the carriers, so it is vitally important to make after the policy period? Answer: tail firm’s addition of you to their coverage, sure you have the right coverage as well coverage. with your prior acts coverage. You may as the knowledge to put it to good use. decide that this agreement can save Prior acts coverage is determined when you from buying that expensive tail your policy is first written. This coverage. A note of caution: If you establishes how far back into the past subsequently leave this new firm, the your acts or omissions will be covered. prior acts coverage that they were Founded in 1959, Gilsbar, Inc. is a regional broker, providing CNA Lawyer's Professional Liability Insurance Conversely, tail coverage is elected providing for your solo days will be Program for over 14,000 attorneys in 6 Gulf South only when the policy term ends. If lost. states. Visit our website at www.gilsbar.com or call purchased for an additional premium, 1-800-GILSBAR. Jeff Fields has been a producer for the tail will determine how far into the Gilsbar, Inc. for the past 16 years. He is a Past President of the Independent Insurance Agents of future you may report claims under the Louisiana. Mr. Fields may be reached at expired policy. ADVERTISEMENT [email protected].

One or more of the CNA companies provide the products and/or services described. The information is intended to present a general overview for illustrative purposes only. It is not intended to substitute for the guidance of retained legal or other professional advisors or to constitute a binding contract. Please remember that only the relevant insurance policy can provide the actual terms, coverages, amounts, conditions and exclusions for an insured. All products and services may not be available in all states. CNA is a service mark registered with the United States Patent and Trademark Office. Copyright © 2006 CNA. All rights reserved. GBJ Feature Notice of Expiring BOG Terms

Listed below are the members of the State Bar of Georgia Board of Governors whose terms will expire in June 2007. These incumbants and those interested in running for a specific post, should refer to the election schedule (posted below) for important dates.

Alapaha Circuit Post 1 ...... Hon. Carson Dane Perkins, Nashville Dougherty Circuit Post 2 ...... Hon. Gordon R. Zeese, Albany Alcovy Circuit Post 1...... Steven A. Hathorn, Covington Dublin Circuit ...... Daniel M. King Jr., Dublin Appalachian Circuit...... Diane Marger Moore, Jasper Eastern Circuit Post 2 ...... Lester B. Johnson III, Savannah Atlanta Circuit Post 1 ...... Dow N. Kirkpatrick II, Atlanta Eastern Circuit Post 4 ...... H. Harvey Weitz, Savannah Atlanta Circuit Post 3 ...... H. Fielder Martin, Atlanta Flint Circuit Post 1 ...... Gregory A. Futch, Stockbridge Atlanta Circuit Post 5...... Thomas G. Sampson, Atlanta Griffin Circuit Post 2 ...... Roy B. Huff, Peachtree City Atlanta Circuit Post 7 ...... Aasia Mustakeem, Atlanta Gwinnett Circuit Post 1 ...... David S. Lipscomb, Duluth Atlanta Circuit Post 9 ...... Charles Scott Greene, Atlanta Gwinnett Circuit Post 3...... Hon. Robert V. Rodatus, Lawrenceville Atlanta Circuit Post 11 ...... Roger Eugene Murray, Atlanta Lookout Mountain Circuit Post 2 ...... Christopher A. Townley, Rossville Atlanta Circuit Post 13...... Pat F. McMahon, Atlanta Macon Circuit Post 1 ...... David S. Hollingsworth, Macon Atlanta Circuit Post 15 ...... Letitia A. McDonald, Atlanta Macon Circuit Post 3...... Charles L. Ruffin, Macon Atlanta Circuit Post 17...... Kenneth L. Shigley, Atlanta Middle Circuit Post 2...... William Steven Askew, Swainsboro Atlanta Circuit Post 19 ...... Robert L. Shannon Jr., Atlanta Mountain Circuit ...... Hon. James T. Irvin, Toccoa Atlanta Circuit Post 21 ...... Patricia Anne Gorham, Atlanta Northeastern Circuit Post 2 ..Hon. Robert W. Chambers III, Gainesville Atlanta Circuit Post 23 ...... Donna G. Barwick, Atlanta Northern Circuit Post 1 ...... C. Patrick Milford, Carnesville Atlanta Circuit Post 25 ...... Phyllis J. Holmen, Atlanta Ocmulgee Circuit Post 2...... Wilson B. Mitcham Jr., Greensboro Atlanta Circuit Post 27 ...... Nancy J. Whaley, Atlanta Oconee Circuit Post 2...... John P. Harrington, Eastman Atlanta Circuit Post 29 ...... Tina Shadix Roddenberry, Atlanta Ogeechee Circuit Post 2...... Susan Warren Cox, Statesboro Atlanta Circuit Post 30...... Karlise Y. Grier, Atlanta Pataula Circuit...... C. Truitt Martin Jr., Dawson Atlanta Circuit Post 32 ...... Seth David Kirschenbaum,Atlanta Piedmont Circuit ...... Nancy R. Floyd, Winder Atlanta Circuit Post 34 ...... Allegra J. Lawrence, Atlanta Rome Circuit Post 1...... Paul T. Carroll III, Rome Atlanta Circuit Post 36 ...... Robin Frazer Clark, Atlanta South Georgia Circuit Post 2 ...... Gary O. Allen, Pelham Atlantic Circuit Post 2 ...... Joseph D. McGovern, Glennville Southern Circuit Post 2...... Brian A. McDaniel, Moultrie Augusta Circuit Post 1...... J. Benjamin Kay III, Augusta Southwestern Circuit...... Hon. R. Rucker Smith, Americus Augusta Circuit Post 3...... Thomas R. Burnside Jr., Augusta Stone Mountain Circuit Post 2 ...... Hon. Johnny W. Mason Jr., Blue Ridge Circuit Post 2 ...... Gregory A. Hicks, Woodstock Atlanta/Decatur Brunswick Circuit Post 1 ...... J. Alvin Leaphart, Jesup Stone Mountain Circuit Post 4...... John M. Hyatt, Decatur Chattahoochee Circuit Post 2...... William C. Rumer, Columbus Stone Mountain Circuit Post 6 ...... A. Thomas Stubbs, Decatur Chattahoochee Circuit Post 4 ...... Earle F. Lasseter, Columbus Stone Mountain Circuit Post 8 ...... Hon. Robert P. Mallis, Decatur Cherokee Circuit Post 2 ...... J. Lane Bearden, Calhoun Tallapoosa Circuit Post 1 ...... Michael Douglas McRae, Cedartown Clayton Circuit Post 1 ...... H. Emily George, Forest Park Toombs Circuit...... William Bryant Swan Jr., Thomson Clayton Circuit Post 3 ...... Charles J. Driebe, Jonesboro Towaliga Circuit ...... Wilson H. Bush, Jackson Cobb Circuit Post 2...... Hon. Adele L. Grubbs, Marietta Waycross Circuit Post 2 ...... Huey W. Spearman, Waycross Cobb Circuit Post 4 ...... Patrick H. Head, Marietta Western Circuit Post 1 ...... Hon. Lawton E. Stephens, Athens Cobb Circuit Post 6 ...... John Kevin Moore, Marietta Out-of-State Circuit Post 1...... Michael V. Elsberry, Orlando Fla. Cobb Circuit Post 7 ...... Andrew W. Jones, Marietta Member at Large Post 1* ...... Tanya D. Jeffords, Augusta S.C. Conasauga Circuit Post 2...... Henry C. Tharpe, J., Dalton Member at Large Post 2* ...... Paul T. Kim, Atlanta Cordele Circuit ...... Hon. John Carswell Pridgen, Cordele Coweta Circuit Post 2...... Delia T. Crouch, Newnan * Post to be appointed by President-elect

State Bar of Georgia 2007 Proposed Election Schedule OCT Official Election Notice, October Issue Georgia Bar Journal MAR 2 Deadline for receipt of nominating petitions by new candi- DEC 4 Mail Nominating Petition Package to incumbent Board of dates Governor Members and other members who request a MAR 16 Deadline for write-in candidates for Officer to file a written package statement (not less than 10 days prior to mailing of ballots JAN 18-20 Nomination of Officers at Midyear Board Meeting, Hyatt (Article VII, Section 1 (c)) Regency, Savannah MAR 30 Ballots mailed JAN 30 Deadline for receipt of nominating petitions for incumbent APR 30 12 p.m. Deadline for ballots to be cast in order to be valid Board Members (Article VII, Section 2.) MAY 2 Election Results Available

42 Georgia Bar Journal South Georgia MedMal ADR

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CHARLES R. ADAMS III – Fort Valley JEROME L. KAPLAN – Macon THOMAS C. ALEXANDER – Macon STANLEY KARSMAN – Savannah MANLEY F. BROWN – Macon BERT KING – Gray JERRY A. BUCHANAN – Columbus HUBERT C. LOVEIN, JR – Macon WADE H. COLEMAN – Valdosta MICHAEL S. MEYER VON BREMEN – Albany JOHN A. DRAUGHON – Macon S. E. (TREY) MOODY III – Perry JAMES L. ELLIOTT – Valdosta PHILIP R. TAYLOR – St. Simons Island BENJAMIN M. GARLAND – Macon RONALD C. THOMASON – Macon ROBERT R. GUNN II – Macon CRAIG A. WEBSTER – Tifton JANE M. JORDAN – Macon F. BRADFORD WILSON Jr. – Macon

ROBERT R. GUNN II, MANAGING PARTNER Rachel D. McDaniel, Scheduling Coordinator SOUTH GEORGIA ADR SERVICE, LLC 240 Third Street, P. O. Box 1606 Macon, Georgia 31202-1606 (800) 863-9873 or (478) 746-4524 Facsimile: (478) 745-2026 www.southgeorgiaADR.com Bench & Bar

Kudos Additionally, HBSS announced that shareholder T. Andrew Graham was > Fisher & Phillips LLP announced that the Labor appointed to the advisory board of Relations Institute, a 28-year-old organization Atlanta’s Table, a project of the Atlanta dedicated to maintaining union-free work environ- Community Food Bank. ments, included four attorneys from the Atlanta Graham and his family have been office among its annual listing of “Top 100 Labor actively involved in the ACFB since 1999. He has per- Attorneys:” Robert W. Ashmore, Steven M. sonally provided photography services free-of- Bernstein, Douglas R. Sullenberger, and James M. charge to the organization since 2000. His work has Walters. Ashmore’s practice includes defense been used in various development and recruiting against union organizing; supervisory training; materials produced by the ACFB. The ACFB is the operating through strikes; mergers, acquisitions firms designated community volunteer project with and reductions in force; collective bargaining; and total employee contributions surpassing 300 hours to the arbitration and litigation of disputes arising date in addition to monetary contributions. Graham, under collective bargaining agreements. A signifi- a shareholder in the firm’s Atlanta office, has been cant portion of Bernstein’s practice is devoted to with the firm since 1992. He serves as the chair of the the implementation of preventive employee rela- firm’s marketing business development committee tions programs that include supervisory training, and concentrates his practice in general liability as well as the development and administration of defense, including the representation of hospitals, effective human resources policies and practices. health care providers and long-term care facilities. In Sullenberger has practiced labor and employment addition to his legal practice, Graham is currently an law on behalf of employers for approximately 27 instructor for the Emory Trial Techniques program years. During that time period, he has assisted and a frequent presenter on legal issues. more than 600 employers in their efforts to successfully fend off union organizing activities. Walters’ > Carlton Fields associate M. Derek practice emphasizes the representation of employ- Harris was appointed advisor of the ers in collective bargaining and labor arbitration, Children & the Courts Committee by maintaining union-free status, union organizing the State Bar of Georgia. The purpose drives and unfair labor practice defense. of the Children & the Courts The firm also announced that partner D. Committee is to protect the interest of Albert Brannen has been elected treasur- children in the judicial system. The committee er of the Labor & Employment Law advises the State Bar of Georgia Executive Section of the State Bar of Georgia. His Committee and Board of Governors so that all peo- election begins a five-year tenure of serv- ple, including children, have equal access to justice. ice, which includes a term as chairman of Over the past two years, Harris has been involved Brannen the section in four years. Brannen has with the Truancy Intervention Project, which represented employers in virtually every area of labor works in conjunction with the Fulton County and employment law. Juvenile Court, Atlanta City and Fulton County Public School Systems to resolve truancy issues > Attorney General and get children on track to achieve academic and Thurbert Baker personal success. Harris practices in the firm’s addressed attor- Atlanta office in the business and trade regulation neys of Hall Booth practice group. He represents clients in civil mat- Smith & Slover, ters in the areas of product liability, government P.C. during a recent regulation, antitrust, and general litigation. breakfast meeting. Attorney General > IP Law & Business named the law firm of Fish & Baker spoke gener- Richardson P.C. the top patent litigation firm in ally of his long the country. In a survey published in their July 2006 Attorney General Baker and Kristin LeBlanc service since 1997, issue, IP Law & Business found that Fish & as well as his newly appointed position as president Richardson handles more patent litigation than any of the National Association of Attorney Generals. other firm. The firm was involved in a total of 75 He also spoke of some successes he has experienced new cases compared to 53 cases for its nearest com- within and throughout Georgia, such as domestic petitor. Specifically, they filed 21 new patent cases violence, identity theft, and mortgage fraud. and entered appearances defending 54 new patent

44 Georgia Bar Journal Bench & Bar

cases. Fish & Richardson has ranked number one providing pro bono services. Kilpatrick Stockton on the survey for five out of the six years that IP Law earned a No. 4 ranking for attorney participation & Business has been publishing its survey of top with 81.5 percent of the firm’s attorneys providing patent litigation firms. The firm was also ranked the at least 20 hours of pro bono services in 2005. law firm with the best intellectual property prac- Overall, the firm is ranked No. 17 for pro bono. tice in the 2007 edition of The Vault Guide to the The firm also announced that their intellectual Top 100 Law Firms. property department achieved a No. 10 national ranking for the most patent cases initiated or > The Gwinnett County District Attorney and defended in 2005 according to IP Law & Business Solicitor General offices selected CIBER, Inc. to magazine. The national ranking includes a No. 6 implement a case management IT solution to help ranking for the number of plaintiff’s cases initiated the agency more efficiently administer its growing and a No. 22 ranking for defense cases initiated. legal caseload. CIBER’s solution, called SecureLawTM CRIMES, will automate routine legal > Crowell & Moring LLP has teamed with General functions and track cases as they move through the Electric Company’s former chief privacy leader and legal system. As a result, the county attorney’s senior counsel for e-Commerce & Information offices can minimize data entry tasks and the poten- Technology, James M. Jordan III, to boost its grow- tial for error; reallocate staff from data entry tasks to ing Privacy & Data Protection Group. In this new more critical assignments, and know the precise relationship, Jordan’s Atlanta-based law firm, Jordan status and progress of each case. The SecureLawTM Legal Counsel, P.C., will work as co-counsel with CRIMES solution will provide Gwinnett with a Crowell & Moring to help clients achieve and main- standard database and a customizable user inter- tain compliance with privacy and personal data pro- face that can be quickly and easily tailored to meet tection laws in the United States and globally. While the county’s specific needs and preferences. at General Electric, Jordan helped pioneer a privacy program responsible for 320,000 employees, of > Twenty-six Kilpatrick Stockton LLP attorneys which 80,000 were in Europe. His group was among earned recognition in The International Who’s the first multinational companies to pursue binding Who of Business Lawyers for 2006. The Atlanta corporate rules as a strategy for complying with the attorneys recognized in the publication are Brian G. laws of the EU, an approach that has great advan- Corgan, William E. Dorris, A. Elizabeth Patrick, tages over other available solutions in many cases. George Anthony Smith and Neal J. Sweeney, construction; Rick A. Horder and Steven J. Levitas, > Kilpatrick Stockton announced that The American environment; Rupert Barkoff, franchising; Alfred Lawyer ranked the firm 10th among Am Law 100 S. Lurey, insolvency; William H. Boice, Richard R. firms, the highest ranking of any Atlanta-based law Boisseau and James H. Coil, labor and employ- firm, and 23rd overall in its annual Midlevel ment; Tim Carssow, Peter Glass and M. Andrew Associates Survey. Associates in Atlanta and Kauss, real estate; Miles J. Alexander, William H. nationwide ranked their respective firm on aspects Brewster, Chris Bussert, Theodore Davis Jr., Jerre of workplace satisfaction on a scale of 1 to 5 repre- B. Swann and Virginia Taylor, trademarks. Two of senting a total of 12 categories. The survey cate- those attorneys were named Most Highly gories summarized the firm’s qualities, including Regarded Individuals in their field, Barkoff for benefits and compensation; quality and quantity of franchising and Alexander for trademarks. work; morale and collegiality; and associate and Additionally, Boisseau was named to the list of partner relations. Kilpatrick Stockton’s Atlanta Top One Hundred Labor Attorneys for 2006, and midlevel associates had an overwhelming 60 per- Patrick was named to the Governing Committee cent participation rate. for the American Bar Association Forum on the In addition, Kilpatrick Stockton also received Construction Industry, as well as accepting an invi- extremely high ranks among national firms in the tation to join the American Arbitration survey categories. Association’s National Panel of Neutrals, where she will serve as a mediator or arbitrator in con- > Roswell attorney Daniel R. “Trey” Tompkins III of struction-related matters. Also, Susan Cahoon, Admin America, Inc., was installed as the president partner in the litigation department, was named to of the Atlanta Chapter of the National Association the Lawdragon 500 Leading Litigators in America. of Health Underwriters in June. The organization The firm itself was recognized in The American and its local chapters are composed of agents, Lawyer magazine as one of the country’s leaders in insurance company representatives and other indi-

October 2006 45 Bench & Bar

viduals who sell and administer health and health- & Richardson, he was an associate at Alston & Bird related insurance products and services. The in Atlanta. Before becoming an attorney, Bridges Atlanta chapter has more than 500 active members. was a technical architect at American Management Systems, Inc. where he worked with telecommuni- > The Georgia Alliance of African American cation firms. The office is located at 1230 Peachtree Attorneys congratulates Atlanta attorneys Robbin St. NE, 19th Floor, Atlanta, GA 30309; 404-892-5005; Shipp and Stacey Abrams for winning seats in the Fax 404-892-5002; www.fr.com. Georgia House of Representatives. Shipp will serve as a representative in House District 58 and > Dardi & Associates, PLLC, has formed as an intel- Abrams will serve in House District 84. lectual property law firm with offices in Atlanta and Minneapolis. The firm has patent attorneys with > Phyllis J. Holmen is one of 11 honorees chemistry and life science Ph.D. degrees with a suc- to receive the very prestigious cessful track record of strategically guiding clients Distinguished Alumnus Award from in IP creation at every stage, from start-up, through the University of Illinois College of Law. fundraising to a successful exit. The firm has exten- Holmen has served as the executive sive expertise in patent prosecution for technologies director of the Georgia Legal Services including advanced materials, batteries and fuel Program for the past 16 years. Since 1966, the cells, nanotechnology, tissue engineering, biomate- College of Law has had a tradition of annually hon- rials, biotechnology, and medical devices. The oring a select group of distinguished alumni. Atlanta office is located at 3490 Piedmont Road, Holmen (‘74) was chosen because her life and career Suite 400, Atlanta, GA 30305; 404-949-5730. exemplify the qualities that make her a powerful role model for law students and a living example of > Berman Fink Van Horn P.C. announced that Aaron the ideals of the profession. She is a past recipient of B. Chausmer and William J. Piercy have been the Tradition of Excellence Award from the General named principals and Kari M. Gibbs, Thomas E. Practice and Trial Section of the State Bar of Georgia, Sowers, Marcy A. Millard and Neal F. Weinrich and a past recipient of the Atlanta Bar Association’s have been named associates in the firm. Chausmer prestigious Leadership Award for her work in pro- has been with the firm since 1999 and Piercy was moting access to civil justice for low-income recently with Chamberlain, Hrdlicka, White, Georgians and for her leadership of the Georgia Williams & Martin. Both Chausmer and Piercy will Legal Services Program. In 2005, the American Bar continue their practices in business litigation. Gibbs Association appointed Holmen to its President’s and Sowers joined the corporate department. Task Force on Access to Civil Justice. She is a current Millard and Weinrich joined the litigation depart- member of the Executive Committee of the State Bar ment. The office is located at 3423 Piedmont Road of Georgia Board of Governors, and is active in sev- NE, Suite 200, Atlanta, GA 30305; 404-261-7711; Fax eral State Bar committees, including the Advisory 404-233-1943; www.bfvlaw.com. Committee on Legislation, the Indigent Defense Committee, and the Individual Rights Law Section > John Marshall Law School announced the arrival of of the State Bar. Holmen has served as a member of its new dean, Richardson R. Lynn. A graduate of the the Governor’s Judicial Nominating Commission; Vanderbilt University School of Law and a former the Supreme Court’s Indigent Defense Commission; dean of Pepperdine University’s law school in Malibu, the Supreme Court’s Blue Ribbon Commission on Calif., Dean Lynn brings more than 30 years of experi- the Judiciary; and the Administrative Office of the ence in legal education to John Marshall, which gained Court’s Committee on Pro Se Litigants. provisional accreditation by the American Bar Association in February 2005. Dean Lynn’s appoint- On the Move ment followed a national search by a dean search committee composed of faculty, students, administrators, In Atlanta and members of the Board of Directors. His former > Fish & Richardson P.C. announced that Douglas involvement in the American Bar Association’s process Lee Bridges has joined the firm’s Atlanta office as an for accrediting law schools and work on its associate in its litigation group. The firm has been Membership Review Committee of the American steadily expanding the litigation and patent prose- Association of Law Schools uniquely qualifies him to cution practices in its Atlanta office. Bridges focuses lead John Marshall. After practicing law in Nashville, his practice on patent litigation with an emphasis on Tenn., and teaching law part-time at Vanderbilt, he a wide range of software issues. Prior to joining Fish joined Pepperdine’s law school faculty in 1980, where

46 Georgia Bar Journal Bench & Bar

he later became the associate dean for Academics and Congratulations to the served for six years as dean. In addition to raising the profile of the school in Georgia’s legal and business Georgia YLD—Best Overall YLD community, John Marshall wants to become a resource Congratulations to the State Bar of Georgia’s for the community in areas where our students and Young Lawyers Division, which was awarded the faculty can provide pro bono legal assistance. The law highest honor given to young lawyer divisions across school is located at 1422 W. Peachtree St. NW, the country Aug. 5 in Honolulu, Hawaii, as the Atlanta, GA 30309; 404-872-3593; Fax 404-873-3802; American Bar Association presented the YLD Awards www.johnmarshall.edu. of Achievement for the 2005-06 Bar year. The ABA Awards of Achievement Program is designed to > Sutherland Asbill & Brennan LLP announced that encourage project development by recognizing the it combined with Griffin Cochrane & Marshall time, effort and skills expended by young lawyer PC, a 10-lawyer, Atlanta-based firm in June. Griffin organizations in implementing public service and bar Cochrane is one of the premier construction law service projects in their communities. The Georgia firms in the country, as consistently ranked by YLD was recognized as the best overall YLD in the Chambers and others. The firm represents clients country, placing first in the Comprehensive Category. in all aspects of the construction industry, includ- The YLD Review won second place in the ing bid protests; negotiation and preparation of Newsletter Category. Georgia’s Minorities in the contracts; counsel during contract performance; Profession Committee’s project, “An Evening With the dispute avoidance; claims preparation and various Justices,” won first place for the Minority Project forms of dispute resolution. Five partners, Category. The Committee hosted a panel discussion Jennifer W. Fletcher, Lee C. Davis, W. Henry and cocktail reception for Georgia Supreme Court Parkman, John D. (Dean) Marshall Jr. and F. Justices Robert Benham and Harold Melton for over Barry McCabe; one counsel, Michael C. Castellon; one hundred minority lawyers and law students. and four associates, Thomas M. Hall, Benjamin H. Georgia won second place in the “Service to the Sawyer, Eric L. Hurst, and Jesse W. Lincoln, will Public” Category for their “Stop Domestic Violence” join together with Sutherland partners William R. program, an online video project with a goal to overcome language barriers experienced by recent Wildman, Lewis S. Wiener and Gail L. Westover immigrants by developing web-based videos about to form a new construction industry practice group domestic violence and temporary protective orders, at Sutherland. Griffin Cochrane founding partner translating the scripts and webcasting the videos in Harry L. (Buck) Griffin Jr., will move his inde- multiple languages, and training Georgia courts staff, pendent mediation practice to Sutherland’s offices. agencies, shelters and community organizations to The move will also bolster the highly respected lit- navigate the LegalAid-GA.org website to locate these igation group at Sutherland, where almost a third videos and use these foreign-language resources. of the firm’s more than 425 lawyers are litigators, Georgia also won second place in the “Service to and will complement Sutherland’s real estate prac- the Bar” Category for its Leadership Academy tice. The Atlanta office is located at 999 Peachtree program, which was started in the 2005-06 Bar year St. NE, Atlanta, GA 30309; 404-853-8000; Fax 404- as a comprehensive leadership development program 853-8806; www.sablaw.com. serving as an intensive “next step” to the State Bar’s recently instituted Transition into Law Practice > Kilpatrick Stockton announced the Program, matching newly admitted lawyers with a addition of Bill McMillan to the firm’s mentor for one year, combined with organized Atlanta office as a partner in the finan- workshops examining appropriate areas crucial to cial transactions, real estate and restruc- young lawyer development. Congratulations to turing department. McMillan’s exten- Damon Elmore, YLD President for the 2005-06 Bar sive career has focused on the areas of Year; Bryan Scott and Amy Howell, Newsletter Editors real estate finance, asset securitization, bankruptcy, 2005-06; Mawuli Davis and Holly Geerdes, Minorities debt reorganization, and creditor’s rights. His work in the Profession Committee Co-Chairs 2005-06; on general commercial finance matters includes the Laurel Landon, Tonya Boga, and Leigh Martin May, representation of lenders and borrowers in all types Leadership Academy Chairs 2005-06; and Mike of secured and unsecured transactions. The Atlanta Monahan and Tracey Roberts for the Stop Domestic office is located at Suite 2800, 1100 Peachtree St., Violence Program. Atlanta, GA 30309; 404-815-6500; Fax 404-815-6555; www.kilpatrickstockton.com.

October 2006 47 Bench & Bar

> Amy Alcoke Quackenboss, previously LLC. In addition to practicing in the area of estate with Hunton & Williams, LLP, has planning, she also represents clients in the area of joined DLA Piper in its Atlanta office business succession planning and international adop- as counsel in the finance practice group. tions. Farrell contributes to the firm with her expertise Quackenboss focuses her practice on in guardianship/conservatorship and Medicaid plan- commercial litigation, creditor’s rights ning. The firm also assists clients in the area of asset and business bankruptcies. She handles a broad protection. The office is located at 1044 Highway 54 range of commercial litigation and represents cred- West, Fayetteville, GA 30214; 770-692-1054; Fax 770- itors and financial institutions of all types in dis- 692-1053; www.fayettelawgroup.com. tressed debt solutions, workouts, foreclosures, receiverships, and bankruptcies throughout the In Birmingham, Ala. country. The office is located at 1201 West Peachtree > Barry S. Marks and Kenneth P. Weinberg announced St., Suite 2800, Atlanta, GA 30309; 404-736-7804 the formation of their firm, Marks & Weinberg, P.C. Fax 404-682-7804; www.dlapiper.com. The new firm will focus its practice on equipment leasing and other forms of business financing and will In Albany represent equipment leasing companies, lessees, ven- > Brian J. Schneider joined the law firm dors and other parties in structuring, documenting of Watson, Spence, Lowe and and enforcing equipment leases nationally and in Chambless, LLP. After completing a Alabama. The firm is located at 2001 Park Place clerkship in the U.S. District Court, he Tower, Suite 525, Birmingham, AL 35202; 205-251- practiced with Hunton & Williams LLP 8303; Fax 205-488-3733. in Richmond, Va. Schneider will continue his civil litigation and trial practice. The firm is located at 320 Residence Ave., Albany, GA 31701; Attorney Introduces 229-436-1545; Fax 229-436-6358. City Kids to Country Life In Columbus > The firm of Hatcher, Stubbs, Land, Hollis & Rothschild, LLP, announced that Elizabeth Raines Cook has become a partner in the business and corporate law section. Cook was formerly a partner in the Atlanta firm of Parker, Hudson, Rainer & Dobbs LLP where she was a member of the tax and employee benefits group. Her practice includes a wide range of tax-related matters with an emphasis on professional corporations, employee benefit plans, employment issues and ERISA. The office is located at 233 Twelfth St., Suite 500, The Corporate Center, On Aug. 12, 150 city kids experienced life on a Columbus, GA 31901; 706-324-0201; Fax 706-322-7747. ranch for the first time. Four local churches chose the kids, ages five to 12, based on their grades. Fisher & In Fayetteville Phillips attorney, Tex McIver, and his wife Diane > Mary Lynn Kirby, hosted the kids on the McIver ranch outside John Arthur Nix, Eatonton. During the day the city dwellers rode Bridgette M. Palmer horses; fished in a pond; went for hayrides; fed baby and Victoria J. Farrell horses, cows and goats; and tossed horseshoes. recently opened a new Swimming and face painting by a clown were also firm, Kirby Palmer quite popular. McIver said, “Living out here you Farrell Nix, LLP. All easily forget that some people have never four lawyers practice in experienced country life. Diane and I have been very Farrell, Kirby, Nix and Palmer the area of estate plan- fortunate and we thought we should share this with ning and probate. kids who have never been on a farm or ranch. These Kirby and Nix have both concentrated in the area of kids have worked hard at school and this is a small estate planning for most of their legal careers. Palmer reward for their good efforts. Some will make good comes from a background of real estate law and cowboys and cowgirls.” municipal civil litigation with Hancock & Palmer,

48 Georgia Bar Journal Bench & Bar

In Tuscaloosa, Ala. In Dallas, Texas > Stuart D. Albea announced the open- > Behringer Harvard Holdings, LLC, a ing of his solo practice. His areas of Dallas-based real estate investment practice include creditor’s rights law, company, announced that Kamal probate law, family law, and criminal Jafarnia has joined Behringer Harvard law. The office contact information is as assistant general counsel-broker P.O. Box 2673, Tuscaloosa, AL 35403; dealer. Jafarnia will head compliance 205-248-9556; Fax 205-248-9557. programs for Behringer Securities LP, the Behringer Harvard subsidiary that is a NASD In Durham, N.C. member broker-dealer and serves as dealer man- > Womble Carlyle Sandridge & Rice ager for the securities offered by Behringer PLLC announced that Culley C. Carson Harvard. In addition, he will oversee selling group IV has joined the firm in the Research due diligence and legal matters related to the Triangle Park office as an associate in firm’s growing securities sales network of inde- the intellectual property practice group. pendent financial advisor firms. Jafarnia has been Carson’s practice focuses on a wide engaged in the financial services industry for more range of complex intellectual property licensing than eight years, most recently as vice president of and technology based transactions. Prior to joining CNL Capital Corp. and chief compliance officer of the firm, Carson served as legal counsel in the CNL Fund Advisors Inc., subsidiaries of CNL Atlanta office of Bovis Lend Lease Holdings, Inc., Financial Group in Orlando, Fla. Before transition- an international construction and development ing into the financial services industry, he was an company. The Research Triangle Park Office is attorney in private practice in Houston, Texas. The located at 2530 Meridian Parkway, Suite 400 office is located at 15601 Dallas Parkway, Suite Durham, NC 27713; 919-484-2331; Fax 919-484-2072; 600, Addison, TX 75001; 214-655-1600; Fax 214- www.wcsr.com. 655-1610; www.behringerharvard.com.

October 2006 49 Office of the General Counsel

Reasonable Fees by Paula Frederick

“ can’t believe this!” you exclaim to your partner Formal Advisory Opinion 03-1 provides that a Georgia lawyer may contract for a non-refundable spe- as you hang up the phone. “Tim McDowell just cial retainer under certain circumstances. The opinion defines a special retainer as one paid in advance for hired me this morning—paid me $5,000 to han- specified services. If the lawyer does not provide all of I the specified services, Rule 1.16(d) requires a refund of dle his divorce case. I went to the temporary hearing some portion of the fee. Your contract specified that you would handle Tim’s with him. Now he says he’s reconciled with his wife divorce case for $5,000. Pursuant to the advisory opinion, if you withdraw or if Tim chooses to fire you and the whole thing’s off. He wants his money back.” before his divorce case is final, he has not received the specified services and is entitled to a partial refund. “That’s got to be a record,” your partner replies. “It’s For the same reason, a criminal defense lawyer who not even lunchtime yet!” accepts a non-refundable fee to handle a case may earn “What should I do about the money?” you ask. the entire fee even when he is able to have the charges “Naturally Tim wants to come by this afternoon and dropped with one telephone call. That lawyer has pro- get it all back. I reminded him that he just signed a vided the “specified services,” i.e., representation retainer agreement that says fees are due in advance through conclusion of the case. and are not refundable.” Although Opinion 03-1 does not require it, a lawyer “Well, you’ve definitely earned something,” your who charges a non-refundable special retainer would partner agrees. “You dropped everything to go to that be prudent to provide the client with written informa- hearing with Tim at the last minute. But are you really tion about how the fee will be calculated if the repre- going to try to keep all of it?” sentation ends early. Don’t forget that the Bar’s Fee “Why not?” you respond. “I went over the contract Arbitration Division may be able to resolve any dis- with Tim before he signed it, and he understood that putes about the amount of a fee. he was paying a flat fee. It was a gamble for both of You may contact the Fee Arbitration Department at us—I could have spent 1,000 hours on that case and not 404-527-8752 or email Director Rita Payne at gotten a penny more. Just my luck that I only worked [email protected]. Lawyers who would like to discuss an a couple of hours.” ethics dilemma with a member of the Office of the “Here’s why not,” your partner replies, handing you General Counsel staff should contact the Lawyer a copy of the Bar Directory and Handbook. “Right here in Helpline at 404-527-8720 or 800-334-6865. The helpline Rule 1.5 of the Rules of Professional Conduct. Your fee is staffed Monday-Friday from 8:30 a.m. to 5 p.m. has to be reasonable. I’m not sure this kind of non- refundable fee really complies with the rules.” Paula Frederick is the deputy general A call to the Bar’s Ethics Hotline clarifies things. Bar counsel for the State Bar of Georgia. She Rule 1.16(d) requires a lawyer who is fired to “refund can be reached at [email protected]. any advance payment of fee that has not been earned.” But is it possible to “earn” a fee just by saying that it is “earned when paid?”

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Discipline Summaries (June 17, 2006 through August 18, 2006) by Connie P. Henry

Suspension administered a Review Panel reprimand. In his William Henry Mitchell III Petition for Voluntary Discipline Davis admitted that Arlington, Texas he was hired to represent a client to investigate a habeas William Henry Mitchell III (State Bar No. 513809) has corpus petition and was paid $1,500. He investigated been suspended from the practice of law in Georgia for the matter but did not file a petition and did not two years with a condition for reinstatement by respond to his client’s requests to visit her at prison, Supreme Court order dated July 13, 2006. This recipro- nor did he adequately communicate with her that he cal discipline arose out of an Agreed Judgment of was not retained to file a habeas petition without fur- Partially Probated Suspension entered into by Mitchell ther payment. In another case Davis was hired to inves- before the Texas Commission for Lawyer Discipline tigate and file a habeas petition and was paid $2,500. based on his violations of the Texas Disciplinary Rules He filed the petition but it was dismissed because it of Professional Conduct. The agreement addressed four was not verified. Davis did not file a response or cor- disciplinary complaints in which Mitchell failed to rected petition and failed to communicate with his obtain an executed written contingency fee contract and client to obtain the verification. failed to designate a medical expert in a case against a In addition to the Review Panel Reprimand, Davis medical doctor and hospital resulting in the dismissal of must attend a session of Ethics School at the State Bar, the case and then failed to timely file a motion for new he must submit to and comply with an evaluation by trial or a timely notice of appeal; failed to pursue a the Law Practice Management department, and he client’s medical injury lawsuit resulting in dismissal of must pay restitution to his clients. the case for want of prosecution and failed to inform the client of the dismissal; failed to respond to certain dis- Interim Suspensions covery in a divorce action resulting in sanctions against Under State Bar Disciplinary Rule 4-204.3(d), a Mitchell; and failed to pursue actions on a client’s lawyer who receives a Notice of Investigation and fails behalf in the probate of the client’s son’s estate. to file an adequate response with the Investigative Mitchell received a five-year suspension in Texas Panel may be suspended from the practice of law until beginning March 15, 2004, with the first two years an adequate response is filed. Since June 17, 2006, four being active suspension and the last three years a pro- lawyers have been suspended for violating this Rule, bated suspension with a number of conditions. As and four lawyers have been reinstated. Georgia does not have a probated suspension, the Supreme Court of Georgia ordered a two-year suspen- Connie P. Henry is the clerk of the State sion, following which Mitchell must prove that he has Disciplinary Board. She can be reached at been reinstated to the practice of law in Texas prior to [email protected]. being reinstated in Georgia. Review Panel Reprimand Michael J. Davis Atlanta, Georgia On July 13, 2006, the Supreme Court of Georgia ordered that Michael J. Davis (State Bar No. 212040) be

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Looking Outside the Box to Improve your Practice…and Life by Pamela Myers

hile we all know how important it is to Q “Leave the Office Earlier” by Laura Stack: Juggling family and work in today’s world has left profes- keep up with trends and best practices sionals (including lawyers) more stressed than ever. You can tailor this information-rich book to your in our profession: it’s also a good idea own needs by identifying problem areas and by fol- W lowing Stack’s easy-to-implement solutions. to look beyond the law bookshelf for other resources Q “Motivational Leaders” compiled by Vilis Ozols: From a young athlete paralyzed in high school who that can help improve your productivity, management goes on to win Olympic gold, to the perpetual “loser” who overcomes his nemesis with the help of skills and bottom line. Most of us are familiar with the his remarkable father, this book is the collected wis- dom of 15 of America’s top professional motivators. works of Stephen Covey and Dale Carnegie, who for Q “Are You Listening?” by Marsha Petrie Sue: Maximize your listening skills and get people to years have taught principles that apply to both work hear you. This CD will enable you to manage any situation with tact and poise. Your stress will be and home life. Here at the State Bar’s Law Practice reduced, confidence improved and you will even be able to hear the message in conflict situations. The Management Library, we have added some new titles best part is you can listen to it on your way to work. that, although not specific to the practice of law, are Other new additions to our more traditional categories include: steeped in principles that may enhance both your work Q “Collecting Your Fee: Getting Paid from Intake to and home life. Invoice” by Edward Poll: The time has come to free your firm from the quagmire of hourly billing and These new materials can be classified as motivation- transition to billing based on client value. Following al, self-improvement or just plain “how to.” We hope the author’s advice, you can ensure that your col- you will stop by and check out some of these new lection process is controllable and more efficient, materials, which include the following: resulting in satisfied clients and a healthier bottom line. Q “The CEO of You” by Marsha Petrie Sue: Full of Q “Complete Guide to Divorce Practice, The 3rd practical information, this book will help you focus Edition: Forms and Procedures for the Lawyer” by on what is working well and what you might want Larry Rice: This guide has the whole divorce kit- to change in order to become more productive and and-caboodle, plus forms and letters on a CD. It is profitable. arranged in the natural order of the divorce experi-

54 Georgia Bar Journal ments to the Federal Rules of mailed back at your expense. It’s Civil Procedure” by George L. that simple. Please note that some Paul: This book focuses on the e- of our more valuable items may not discovery amendments to the be checked out, but can be used on- Federal Rules of Civil Procedure, site at the library. These items are which were approved by the indicated by an asterisk in our list. Standing Committee on Rules of In addition, no one wants to Practice and Procedure and were “reinvent the wheel,” so a compila- approved by the Judicial tion of frequently used general Conference in September 2005. forms is available through our library. While substantive forms If you haven’t had a chance to can be found through legal pub- use the Law Practice Management lishing vendors, it’s often difficult Library, we hope you will take to find the simple but necessary advantage of this valuable benefit administrative forms and check- of your Bar membership. All mem- lists that make a firm run smooth- bers in good standing of the State ly. Attorneys are encouraged to Bar and their employees can check- adapt these forms as needed for out any of our library materials for their own practices. a period of up to two weeks. Renewals of borrowed items are Pamela Myers is the ence. If helping people with available if the item is less than 30 resource advisor in the divorce is how you make your days overdue. Reservations can be Law Practice living, this is a must read. made if the item you want is cur- Management Q “The Cybersleuth’s Guide to rently checked out. Department. She can the Internet: Conducting Effec- There are three ways to borrow be reached at tive Investigative and Legal the materials. First, you can visit [email protected]. Research on the Web” by Carol the Bar Center in person Monday A. Levitt and Mark E. Rosch: through Friday, between 8:30 a.m. The information that was once and 4:30 p.m. No appointment is Law Practice Management only available to professional necessary. Second, you may call or Library Contacts researchers from expensive, fee- email our staff directly with ques- Pamela Myers, 404-526-8621 based sources is now available tions or checkout requests. And or Kim Henry, 404-527-8772 for free on the Internet, if you finally, you can browse through Law Practice Management know how to find it. Whether our collection on-line at our web- Resource Library you just started to use the site. www.gabar.org/programs/law_ Internet for serious research or Whichever way you choose to practice_management/resource_ you are an online research vet- borrow, materials of any medium library/ eran, this book can help you will be promptly mailed to you, Frequently Used Forms find what you are looking for along with an invoice for the outgo- www.gabar.org/public/pdf/lpm fast and for free. ing postage. Materials may be /lpresources2.pdf Q “The Discovery Revolution: a returned in person (parking is free Guide to E-discovery Amend- for attorneys) at the Bar Center or

October 2006 55 Casemaker

Getting the Most Out of Casemaker: Advanced Search– Search by Case Name

by Jodi McKenzie

In the last Casemaker article, we looked at how to use the Advanced Search to find a case by citation number. This time, we will see how the Advanced Search can help find a case by the case name or an individual party’s name. Let’s take a look at how it works.

In this example, we will search the Georgia Case Law Database. In order to enter this database, you would enter the Georgia Casemaker Library. From here, you would choose to search in Case Law.

You will then be taken to a basic search screen. This is where you would enter words or phrases related to your search. When searching for a case by case name or party name, you would choose the Advanced Search option by selecting the Advanced Search tab located next to the Basic Search tab.

56 Georgia Bar Journal An Advanced Search gives you several options for narrowing down your search. In this example, we want to find the case Jones v. Smith. In order to find it by the case name, we want to choose the case name option by clicking on the bubble next to it. We will then enter the phrase Jones v. Smith in the Cite field.

After entering your case name, run your search by either pressing the enter button on your computer or scrolling to the bottom of the page and clicking on the search button. Casemaker will pull up all cases in which Jones and Smith have been parties regardless if they have been plaintiffs or defendants.

To limit your search results to cases in which Jones is the plaintiff and Smith is the defendant, put your citation name in quotation marks before you run your search.

October 2006 57 Now your search results will be limited to cases in which Jones is the plaintiff and Smith is the defendant.

You may also enter one name in order to pull up all cases in which a party has been involved. In this example, if we enter just Jones, we will pull up every case in which Jones has been either a plaintiff or defendant.

Since Jones is such a common name, we have over 1,000 results in which Jones has been either a plaintiff or a defendant. The results are displayed chronologically and Casemaker will allow you access to the first 100.

Casemaker training is available at the State Bar of Georgia. The next training day can be found on the State Bar of Georgia homepage or in your most recent copy of the Bar’s E-news. Please contact Jodi McKenzie, Casemaker coordinator at 404-526-8618 or [email protected] if you need further assistance with Casemaker.

58 Georgia Bar Journal SaveValuable ResearchTime,Log In To

Casemaker is a Web-based legal research library and search engine that allows you to search and browse a variety of legal information such as codes, rules and case law through the Internet. It is an easily searchable, continually updated database of case law, statutes and regulations. Each State Bar of Georgia member may log in to Casemaker by going to the State Bar’s website at www.gabar.org.

The Casemaker help line is operational Monday thru Friday, 8:30 a.m. to 5 p.m. locally at 404-527-8777 or toll free at 877-CASE-509 or 877-227-3509.

Send email to [email protected]. All email received will receive a response within 24 hours.

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Section Activity Fills Fall Calendars by Johanna B. Merrill

n Aug. 22 the Appellate Practice Section

hosted their annual meeting luncheon at O the Bar Conference Center. Justice Carol Hunstein of the Supreme Court of Georgia and Chief

Judge John H. Ruffin Jr., Judge Debra Bernes, Judge

Anne Barnes and Judge Herbert E. Phipps, all of the

Georgia Court of Appeals, addressed the group. Judge

Harris Adams was also in attendance. During the Photo by Johanna B. Merrill Judge Herbert E. Phipps, Justice Carol Hunstein and Judge Debra meeting, the Section elected officers for the 2006-07 Bar Bernes speak to members and guests of the Appellate Practice Section on Aug. 22 at the section’s annual meeting. year: Jill Pryor, chair; Adam Hames, vice chair; and Jay Conference Center on Sept. 29 aimed at first-year asso- Bogan, secretary/treasurer. ciates or other attorneys just beginning their legal careers practicing intellectual property law. Speakers The Government Attorneys Section, chaired by Ann included: Mitchell A. Katz, Needle and Rosenberg; Pickett, hosted a one-day Institute titled “Planning for Michael J. Baldauff Jr., Hope Baldauff Hartman; Arthur the Future in Government,” on Sept. 12 at the Amicalola A. Gardner, Gardner Groff Santos & Greenwald; Falls State Park and Lodge in Dawsonville. Christine James, Kilpatrick Stockton LLP; Larry Also on Sept. 12, the Technology Law Section host- Nodine, Needle & Rosenberg; Cheighton Frommer, ed a quarterly CLE luncheon held at the offices of Hill Kertcher & Wharton. Powell Goldstein in Midtown Atlanta. Panelists James Reminder: As most sections move toward electronic D. Decker, Paul K. Ferdinands and Robert M.D. Mercer delivery only of meeting announcements, section busi- spoke on “What Every Lawyer Should Know About ness and newsletters, it’s important to keep the Bar up- the Sale of a Distressed Technology Company.” to-date on your email address. You may update your On Sept. 28 the Intellectual Property Law Section profile online at www.gabar.org. hosted a Section Open House at King & Spalding’s new offices in Midtown. The open house was designed to Johanna B. Merrill is the section liaison give section members an overview of the section’s var- for the State Bar of Georgia. She can be ious committees and how members can get more reached at [email protected]. involved. King & Spalding co-sponsored the event. The IP Law Section also held a full day Patent, Copyright and Trademark Bootcamp at the Bar

60 Georgia Bar Journal 2006 State Bar Campaign for the Georgia Legal Services Program, Inc. (GLSP) Happy 35th Birthday Georgia Legal Services!

“And Justice for All”

GLSP celebrates 35 years of providing critical legal assistance to thousands of low-income families who cannot afford a private attorney. Give to our State Bar’s only campaign for justice for low- income Georgians. To donate, visit www.glsp.org or call 404-206-5175.

Every Gift Counts!

Georgia Legal Services Program (GLSP) Thank you for your generosity! Professionalism Page Law School Professionalism Orientations Continuing Georgia’s Tradition

by Avarita L. Hanson

or the 14th year, the State Bar Committee on

Professionalism and the Chief Justice’s FCommission on Professionalism partnered with five Georgia law schools in presenting a unique program where law students explore issues of professionalism at the start of their legal education. This year, nearly 1,000 first-year, transfer and visiting students participated in these orientations, starting their law school experience on a positive note with a dialogue about their professional and ethical responsibilities.

Although law schools address professionalism in a variety of ways during their orientations, all contain Photo courtesy of the Chief Justice’s Commission on Professionalism common elements and themes. Typically led by law Attorney co-leaders lead first-year law students at UGA through school deans, the orientations include an overview of hypothetical professionalism situations during their orientation. the concept of professionalism given by a member of the State Bar Committee on Professionalism, and per- orientation programs shows they serve as a valuable sonal reflections on the ideals of professionalism by a and effective means to convey the core values of the law noted jurist or member of the Bar. The programs con- school community and legal profession, and also to clude with interactive discussion groups, led by a duo introduce the concept of professionalism. The following consisting of a judge, practitioner or faculty member, attempts to capture the unique perspectives on profes- where students explore issues of professionalism and sionalism as discussed by the keynote speakers. ethics in the context of selected and well-designed hypothetical situations. University of Georgia School of Law The 2006 Law School Professionalism Orientation The newest member of the Supreme Court of season took place in August with sessions at the Georgia, Justice Harold Melton, an alumnus, gave the University of Georgia School of Law; Mercer University keynote address. Sharing his thoughts about profes- Walter F. George School of Law; Georgia State sionalism, Justice Melton distinguished ethics as the University College of Law; John Marshall Law School; “minimum standards to stay out of trouble” to profes- and Emory University School of Law. A review of the sionalism, which he defined “as the concern for how

62 Georgia Bar Journal you look and represent the legal Judge Sands also administered profession as a whole.” He said the the Law Student’s Creed and Oath. legal profession should “look like a Students who engaged in the body of people who are problem- group discussions found the hypo- solvers, not people who merely theticals dealing with drug use and argue.” He encouraged the new plagiarism most effective in help- students to be idealistic, not naive, ing them to identify appropriate about the law by being “committed professional and ethical behavior. to a core set of values.” His professional goal is “to die with my Georgia State ideals intact.” Justice Melton also University College challenged the students to write down what their motivation was to of Law attend law school to not only help The Georgia State College of them complete the first year, but to Law orientation program started PH: 800.274.2663 keep them “grounded and with greetings by Dean Steven J. 404.418.5174 focused” as they move forward. Kaminshine, who pointed out that Fax: 800.587.4726 [email protected] In summary, Justice Melton said the professionalism program is a www.JURISCO.com that “professionalism starts with model program, the result of many your inner core beliefs before you years of hard work and continuous A Functional website that come to law school” and students attention. He introduced Mary doesn’t waste your time. PROBATE and ALL OTHER STATE and FEDERAL should “focus on developing your Cash McCall, Georgia State alum- COURT BONDS inner person, being nice to one na and member of the State Bar We know you don’t want to fill out two pages of personal information another,” that is still the “greatest Committee on Professionalism, just to get an application. calling card you offer your clients, who along with Professor Roy Try our site. Nothing flashy, it just works. law firm and community.” In all, Sobelson, helped develop the pro- Use our 20 years of court surety you should “do justice, love mercy gram that is the same at every expertise to your advantage. All Forms and Applications at: and walk humbly with your God Georgia law school. www.JURISCO.com and your professionalism will take The keynote speaker, Judge care of itself.” Debra H. Bernes, was introduced by McCall as an Atlanta native, Mercer University and “a Court of Appeals judge A-AA-AA Walter F. George who came with loads of appellate ATTORNEY REFERRAL SERVICE experience” to the bench. A Grady School of Law High School, University of Florida Is your phone ringing like it Mercer’s keynote speaker was college and law school graduate, used to? Last month we alumnus Hon. W. Louis Sands of she is “amazingly experienced” for referred over 17,000 callers to the U. S. District Court in Albany, her position having served as a our attorneys. Are you ready to Ga. Judge Sands was introduced Cobb County district attorney. start getting referrals? by Dean Daisy Hurst Floyd, who In addressing the students, Judge Call us today! noted that Georgia was the first Bernes posed the questions: Do you (800) 733-55342 state to start the professionalism want to be a “bottom feeder,” a 24-hhour paging: movement and provide these pro- person who chooses to adhere to (888) 669-44345 grams to law schools. minimum ethical standards in the [email protected] Judge Sands provided several practice of law? Or, would you personal accounts of interactions rather be known as a person whose with attorneys where civility, integrity is beyond reproach, whose Earn up to 6 CLE credits for mutual respect and integrity inter- relationship is excellent with clients, authoring legal articles and sected to improve their ability to fellow lawyers, and the court who having them published. represent clients and enhance their thereby gets referrals based on cred- performance before the courts. ibility and trust? Perhaps, present- Submit articles to: Professionalism, in his opinion, ing a “loaded question,” Judge Marcus D. Liner, Georgia Bar provides a basis of trust in the legal Bernes encouraged the students, at Journal, 104 Marietta St. NW, community that improves the the outset of their legal education, Suite 100, Atlanta, GA 30303 practice of law for those to choose to be a lawyer who pro- Contact [email protected] for involved—attorneys, judges, cli- vides service and who truly serves more information or visit the Bar’s ents, jurors, court personnel, and people. More than 200 students website, www.gabar.org. the general public. took part in the group discussions.

October 2006 63 For the first year, Georgia State law American Bar Association’s video lished for students who have shown professors served as discussion “The Renaissance of Idealism,” pro- by their lives and activities before group leaders, along with partners duced during the administration of and during law school that they from the Bar. Michael Greco, the ABA’s 2006 pres- have the potential for public service. ident. Featuring U.S. Supreme Court The 2006 law school orientations John Marshall Justice Ruth Bader Ginsberg, former continued Georgia’s tradition of Law School Special Counsel to President John F. helping students focus on their Kennedy Theodore Sorensen, and activities and behaviors as they nav- Cobb County Superior Court other prominent attorneys, the video igate the waters of their education Judge Robert E. Flournoy III, as the shaped the professionalism program and face the practice of law. Some keynote speaker, reflected on by emphasizing the lawyer’s duties students said the orientation lawyering as “the highest profes- to serve the community through pro “helped dispel the perception that sional calling one can have.” To bono legal work and public service. lawyers are unscrupulous and con- him, professionalism has three Keynoter speaker Fulton County niving,” while others said “this pro- elements: 1. Be courteous 2. Be Superior Court Judge T. Jackson gram is an excellent reminder that respectful of others, and 3. Be dig- Bedford Jr., is one attorney whose our conduct is monitored more nified. He also added that profes- career demonstrates public service meticulously than in previous edu- sionalism could be captured in the as he wears several hats including cational situations,” and that it “Golden Rule”—”Do unto others president of the Emory Law School “reaffirms that integrity is the most as you would have done unto Alumni Association and former important trait that a lawyer has.” you.” He commented that as a president of the Atlanta Bar Special thanks go to Dick judge, he takes to heart the oath to Association. He spoke to the first- Donovan, chair of the Committee which he is sworn: “to administer year class in clear terms about pro- on Professionalism, and the many justice to all by providing equal fessionalism and posed the ques- judges, lawyers, law school admin- rights to the rich and the poor.” He tions to them: “Why are you here?” istrators and faculty who volun- likes to say, “The Constitution pro- and “What are you going to do to teered to serve as group leaders or tects both sinners and saints.” be useful and to make a difference otherwise contributed to the success Judge Flournoy admitted that in the lives of others?” In his of the 2006 Law School Profes- after many years of practice he real- words, professionalism is “con- sionalism Orientation Programs. ized that it is not necessary to be ducting yourself professionally The Honor Roll of Group Leaders mean and tough to be a good with integrity, courtesy and civility who volunteered for the 2006 orien- lawyer, and it is not necessarily true to all.” Professionalism is importation programs included a cast of that “nice guys finish last.” He tant because when it is lacking, the dozens of attorneys. They all went pointed out that jurors notice attor- administration of justice is inter- to the top of their class for being neys who are rude to judges and rupted, there is a loss of self-esteem part of the professionalism teaching are more likely to rule in favor of by the participants and “we are team. Additional thanks to the staff clients whose attorneys treat people robbed of what should come from of the Chief Justice’s Commission with courtesy. Judge Flournoy said members of a learned profession.” on Professionalism for contributing there are three types of lawyers: He admonished the students that to the program’s success: Mary 1. Advisors and counselors who “the mantle of leadership for this McAfee, Terie Latala, Nneka Daniel represent cities and corporations, profession will fall on you; I know and Felicha Hanley. Those wishing and who do wills, trusts and estate you will not let us down and will to serve next year should watch for work; 2. Transactional attorneys, say I am proud to be a lawyer.” the 2007 sign-up sheets in Bar com- like those who represent banks and The Emory program also includ- munications or contact the Chief who do real estate closings; and ed a presentation by Judge Bedford, Justice’s Commission on Profes- 3. Courtroom lawyers who now as president of the Atlanta Bar sionalism, 104 Marietta Street, NW, characterize themselves as litiga- Foundation, of scholarship funds to Suite 620, Atlanta, GA 30303. tors. He encouraged students to try Emory in memory of slain Fulton all three types of legal arenas before County Superior Judge Rowland Avarita L. Hanson is selecting an area of practice. Barnes. Judge Bedford pointed out the executive director that Judge Barnes was killed on of the Chief Justice’s Emory University March 11, 2005 by an assassin’s bul- Commission on School of Law let, demonstrating that “service in Professionalism. She the profession of the law does can be reached at The law school orientation season require some risks,” including pub- [email protected]. closed with Emory’s program. This lic service and representing disen- program had some added elements, franchised groups. The scholarship starting with the screening of the in Judge Barnes’ memory was estab-

64 Georgia Bar Journal Volunteers of the 2006 Law School Orientations on Professionalism

Emory University Toni L. Castel Tom Jankowski Hon. Kelley S. Powell Lori A. Cheatham Kimberly L. Johnson Richard W. Shelton Prof. Frank Alexander Cynthia M. Daley Jennifer H. Keaton Hon. Ben Studdard Prof. David Bederman David S. DeLugas Prof. Kendall Kerew Rebecca L. Tydings B. Phillip Bettis Matthew A. Dickason Davis S. Kerven Richard Allen Waller Jr. Scott Bonder Donald R. Donovan Kevin S. King Jonathan Weintraub Carroll Bray Judge James E. Drane Roger Krause Nicholas E. White Jay D. Brownstein Randall Duncan David S. Lipscomb Mark Burnette Hassan Elkhalil Prof. Chuck Marvin University Hala Carey Hon. Robert Flournoy Kathleen Mones of Georgia Prof. Bill Carney Jeffrey M. Haskin Jody Peskin Kendall Carter Darryl G. Haynes Prof. Mary Radford David W. Adams Prof. Karen Cooper Jennifer H. Keaton Herbert Schlanger Steven R. Ashby Michael Cross Roland Knaut Jason T. Schneider Douglas A. Bennett Prof. Nancy Daspit John Kraus Prof. Charity Scott James W. Bradley Ted Davis Michelle LeGault John J. Scroggin Dean C. Bucci Gregory Eells Jennifer L. Lehr Martin A. Shelton Santhia L. Curtis Prof. Jim Elliott Edwin Marger Prof. Roy Sobelson Donald R. Donovan Blake Halberg Elaine T. McGruder Hyen Sung Marlene Duwell-Capouya Avarita L. Hanson Jospeh Oczkowski Prof. Ellen M. Taylor Jehan El-Jourbagy Gregory R. Hanthorn Lara Percifield Allison Robin Teal Erin E. Mcguff Forsyth Joseph Homans Timothy J. Santelli Kathleen A. Wasch J. Clay Fuller Prof. Jim Hughes Fariba B. Teimori Prof. Tanya Washinton Michael G. Geoffroy Libby Johnson Wayne Toth Lori Winkleman-Douglas Gary Gerrard Paige F. Laine Aaron Towns Prof. Douglas H. Yarn Andrew E. Goldner Glenn Loewenthal Jacquelyn Van Tuyl Robert Gordon Jr. Robert Norman Robert Whatley Mercer University Deborah A. Griffin Jonathan Pierce Temika J. Williams Larry D. Brox David C. Hagaman Prof. David Partlett Stephanie D. Burton Samuel H. Harrison Prof. Anne Rector Georgia State William P. Claxton Ron S. Iddins Jennifer Romig University Lisa R. Coody Hon. Gary E. Jackson Ethan Rosensweig Kate S. Cook J. James Johnson Prof. Larry Sanders Adrienne P. Ashby Daniel J. Criag Victor Y. Johnson Prof. Robert Schapiro Lawrence Ashe Stephanie K. Crosse Harsharn Makkar Prof. Robin Schreiber Richard V. Blake Tomieka R. Daniel Michael J. McCleary Julie Schwartz Rochelle Bozman Mary Nelson Dickinson Curtis W. Miller Prof. Julie Seaman Sherri G. Buda James M. Donley G. Melton Mobley Charles Shanor Prof. Mark Budnitz Uchendu Eronini Erica L. Morton Prof. Scott Sigman MaryLyn Carabello Jason M. Ferguson John Andrew Nix Prof. Tim Terrell Mary McCall Cash Ira L. Foster David M. Pernini Prof. Randee Waldman Jennifer G. Cooper George H. Hartwig III Joseph P. Quirk Jim Walters Prof. Andi Curcio Paul D. Ivey Jr. Tracy L. Rhodes William Witcher C. Lee Davis Bruce Jackson William M. Roberts Prof. Paul Zwier Hon. Mary Grace Diehl Paula Kapiloff Sharon W. Ware Donald R. Donovan Kevin Kwashwak Antavius Weems John Marshall Prof. Anne S. Emanuel William H. McAbee II Daniel W. White Law School Jessica J. Harper Edward T. McAfee Katie White Jeffrey M. Haskin Susan E. McNally C. Knox Withers Adrienne P. Ashby Prof. Wendy F. Hensel Cheryl L. Milton Jason R. Woolf Jeffrey M. Barnes Prof. Lynn Hogue Jonathan D. Moore Kevin A. Woolf Frederick Bauerlein Deborah A. Jackson William E. Moore Jr. Colin S. Wright Robert Dana Brooks Phillip Jackson Charles M. J. Nester William Kendall Wynne Jr.

October 2006 65 In Memoriam

he Lawyers Foundation of Georgia Inc. sponsors activities to promote charitable, scientific and educational purposes for the public, law students and lawyers. Memorial contribu- T tions may be sent to the Lawyers Foundation of Georgia Inc., 104 Marietta St. NW, Suite 630, Atlanta, GA 30303, stating in whose memory they are made. The Foundation will notify the family of the deceased of the gift and the name of the donor. Contributions are tax deductible.

Emmett J. Arnold III Robert D. Peckham grandson pointed out sides of his Dadeville, Ala. Athens, Ga. nature that were less public: His Admitted 1970 Admitted 1968 dedicated practice of spending Died July 2006 Died July 2006 every Saturday night carefully crafting the lesson for the next Paul S. Berger Bernard A. Pfeiffer day’s Sunday School class at Weston, Fla. Fort Benning, Ga. Druid Hills Baptist Church; his Admitted 1932 Admitted 1979 outrage at the practice of requir- Died June 2006 Died August 2006 ing black Sunday School attendees to meet in the basement and the Paul Connell David M. Pierce resulting organization of “a dis- Atlanta, Ga. Perry, Ga. senting group of white members” Admitted 1980 Admitted 1970 who also insisted on meeting Died November 2005 Died July 2006 there to press for equal access; and the wrenching decision in 1973, J. Robert Elliot Roy B. Roberts after 12 years as dean of Emory’s Columbus, Ga. Marietta, Ga. law school, to step aside. Admitted 1934 Admitted 1994 Realizing that a new dean would Died June 2006 Died April 2006 be required to meet the challenges of the growing school, he returned Larkin M. Fowler Jr. William Lawrence Woods to a faculty position. In 1982, the Moultrie, Ga. Jonesboro, Ga. former dean addressed the needs Admitted 1970 Admitted 1991 of Atlantans unable to afford the Died July 2006 Died July 2006 time and tuition to attend traditional law school by becoming the Frances R.F. Jameson Ira S. Zuckerman founding dean of Georgia State Santa Fe, NM Atlanta, Ga. University College of Law. Admitted 1974 Admitted 1971 Former Emory President James T. Died May 2006 Died July 2006 Laney, who concluded the speakers’ program, somberly recalled Benjamin F. Johnson Jr. Benjamin Franklin his own arrival at Emory and the Atlanta, Ga. Johnson Jr., 90, of help Johnson’s measured words Admitted 1933 Atlanta, died in June. and thoughtful advice provided. Died June 2006 The law professor and Laney credited his former col- former dean is remem- league with pushing Emory to Loeb C. Ketzky bered for pushing to integrate and, in the process, mov- Atlanta, Ga. integrate Emory’s law school ing the school “from a provincial Admitted 1939 before founding the law school at to a national institution.” Johnson Died May 2006 Georgia State University. Three is survived by two sons, Ben F. generations of Johnson’s descen- Johnson III, Alston & Bird’s man- Calvin Lamar Jr. dants were on hand as his grand- aging partner, and Sherman D. College Park, Ga. son, Hunton & Williams counsel Johnson, a lawyer with the U.S. Admitted 1996 Benjamin F. Johnson IV, recount- Department of Health and Human Died August 2006 ed anecdotes from his ancestor’s Services; five grandsons; and one years as legal scholar, social great-grandson. Victor A. McLemore reformer, state senator and civic Atlanta, Ga. progressive. While much of Admitted 1984 Johnson’s legacy is the well- Died July 2006 known stuff of Atlanta lore, his

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LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Applied Discovery is a registered trademark of Applied Discovery, Inc. Other products or services may be trademarks or registered trademarks of their respective companies. © 2006 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. AL9242 Book Review Trial by Jury:

The Seventh Amendment and Anglo-American Special Juries by James Oldham, New York University Press, 355 pages

reviewed by Donald P. Boyle Jr.

rial by Jury is an historical study of the jury that juries could not be fined for perjury for issuing a verdict against the evidence. system, with particular attention to the use Oldham also demonstrates the increased importance T of jurors at common law with his description of the of the jury in England before 1791. The 1735 trial of John Peter Zenger for seditious libel based on his publication of articles regarding Gov. William author, James Oldham, is St. Thomas More Professor of Cosby of New York. In winning an acquittal for his client, Zenger’s lawyer successfully argued that the Law and Legal History at Georgetown University Law jury should determine not only whether Zenger had published the alleged libel, but whether the words Center. His previous books include English Common themselves were libelous. Oldham discusses the jury’s role in determining Law in the Age of Mansfield. damages. He writes that the “writ of inquiry” was a jury proceeding in common law to determine damages Oldham considers several aspects of jury selection after a default. Despite this mechanism, Oldham posits and decision-making. He shows that the jury as it exist- that English courts routinely dispensed with the writ of ed at common law at the time inquiry and determined dam- of the adoption of the Bill of ages without a jury, but only Rights was subject to a variety when the damages were essen- of differing approaches and tially liquidated or the plaintiff uses. Oldham suggests that consented. Despite the com- because the U.S. Supreme mon law practice of bypassing Court applies an historical test the jury in awarding damages, to the interpretation of the Oldham concludes a jury trial Seventh Amendment, arguably on damages is mandated there is room for some flexibil- under the historical test of the ity in the use of juries today, Seventh Amendment. which would still be consistent The most interesting chapter with the Seventh Amendment. of the book focuses on the “jury Oldham’s book covers many of matrons,” which began in issues regarding juries—he the 13th century. Oldham starts with the sharing of deci- explains that this tradition sion-making on law and fact involved using juries com- between judge and jury, noting posed of women who had that jurors at common law had given birth when the issue was more power in this area than whether a female defendant or they now enjoy in federal or a witness was pregnant. The state court. Oldham then dis- “jury of matrons” was appar- cusses the related issue of jury ently the single exception to the nullification, i.e., a jury’s disre- all-male jury until the 20th cen- gard of the court’s instruction tury. “Matrons” were consid- on the law, and the 1670 semi- ered experts in the area of preg- nal decision in Bushell’s Case, nancy and, thus, could examine which established the principle the witness or criminal defen-

68 Georgia Bar Journal dant to determine whether she was juries with jurors thought to be prediction of what suits might be “quick with child or a quick child.” partial to their side. brought and of what the outcome In criminal cases, a finding of preg- The special jury carried over to of such a suit might be. nancy would save the defendant’s American legal practice. For exam- Oldham has incorporated sever- life, at least temporarily, if she was ple, in Georgia from 1796-1914, al of his law review articles into the convicted of a felony. It’s not sur- special jurors were to be taken text, but the transition between the prising that the plea of pregnancy from the grand jury list. Grand different pieces is generally was common when women faced jurors were to be “the persons most smooth. The book is clearly writ- felony conviction—Oldham uses able, discreet and qualified.” The ten, though the early chapters on examples of this defense from use of special jurors in condemna- current U.S. Supreme Court inter- Defoe’s Moll Flanders and Gay’s tion and drainage cases appears to pretation of the Seventh Amend- Beggar’s Opera. Juries of matrons be the strongest surviving remnant ment are highly technical and fact were also used in civil cases when of the special jury in the United intensive. The historical treatment pregnancy was an issue, such as in States. In some states, condemna- of English jury practice flows much cases of inheritance. This practice tion jurors must even be landown- more easily and would likely be of died out in the 19th century, as ers in the county where the land is interest to the general reader, not medical knowledge advanced and located. Although Oldham just to lawyers. doctors took over as the experts in wonders whether this aspect of court on this and other medical condemnation trials is consistent Donald P. Boyle Jr., a issues. with the requirement of a reason- member of the Oldham focuses on other types able cross-section of the communi- Georgia Bar Journal of “special juries” in the latter half ty, he quickly dismisses the Editorial Board, is a of the book. For instance, there is a question, reasoning that these trials partner at the firm of chapter on the “self-informing are such a small proportion of the Lawson, Davis, Pickren jury” of the 14th to 15th centuries, total number of cases that they are & Seydel LLP, where he practices in when jurors were expected to come unlikely to be seriously challenged. to court with some knowledge of This analysis seems weak, both as a the litigation section. the disputed events. Alternatively, proceedings were adjourned so that jurors could perform their investigations. Oldham concludes that the The self-informing jury “can be thought of as a primitive version of the jury winning edge NLRG of experts.” National Legal Research Group In the eighteenth and nineteenth for Georgia CHARLOTTESVILLE, VIRGINIA centuries, the special jury generally Put us to work helping you win today. met one or all of the following con- attorneys 1-800-727-6574 or [email protected] ditions: (1) a jury of individuals of Fast, Affordable, Specialized higher class than usual; (2) a jury of since Research, Writing and Analysis experts; and (3) a “struck jury,” i.e., For more information, and to see what your a jury formed after the parties had 1969 peers are saying about us: www.nlrg.com been given the opportunity to strike names from an unusually large panel of prospective jurors. The first type of jury was called when the issues were of great import, for example, involving treason or the right to large pieces of property. The second type (“the merchant jury”) was used exten- sively in commercial cases to assist the judge in the formulation of commercial law principles. By the late 19th century, use of the special jury in England had largely died out as the result of a reform movement that sought to eliminate the practice of parties’ packing special

October 2006 69 CLE Calendar October-November

OCT 3 Lorman Education Services OCT 6 Lorman Education Services Implementing A Records Retention Solving Water Intrusion and Mold Program Problems Multiple Sites Atlanta, Ga. 1.5 CLE Hours 6 CLE Hours

OCT 3 Lorman Education Services OCT 6 NBI, Inc. Affirmative Action in Employment— Land Use and Zoning Law Litigation What Does it Really Mean Atlanta, Ga. Multiple Sites 6 CLE Hours 1.5 CLE Hours OCT 9 Lorman Education Services OCT 3 Lorman Education Services Ethical—Successful Use of Legislative Legalities of Utilizing and Maintaining History in Court Computerized Medical Records Multiple Sites Atlanta, Ga. 1.5 CLE Hours 1.5 CLE Hours OCT 10 West Legalworks OCT 5 Lorman Education Services Your Future as a Rainmaker—A Construction Defect Claims Marketing Boot Camp for Lawyers Multiple Sites Atlanta, Ga. 1.5 CLE Hours 5 CLE Hours

OCT 5 ICLE OCT 11 Lorman Education Services U.S. Supreme Court Update Business Immigration Law Atlanta, Ga. Atlanta, Ga. 6 CLE Hours 6.7 CLE Hours

OCT 5 ICLE OCT 11 NBI, Inc. Title Standards Successful Commercial Real Estate Atlanta, Ga. Financing Techniques 6 CLE Hours Atlanta, Ga. 6 CLE Hours OCT 5-7 ICLE Workers’ Compensation Law Institute OCT 11 Prosecuting Attorneys’ Council of St. Simons Island, Ga. Georgia 12 CLE Hours DUI Training For Law Enforcement and Prosecutors OCT 6 ICLE Stockbridge, Ga. Class Actions 10 CLE Hours Atlanta, Ga. 6 CLE Hours OCT 12 ICLE Keep It Simple OCT 6 ICLE Atlanta, Ga. Georgia Law of Torts 4 CLE Hours Macon, Ga. 6 CLE Hours

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 Minnesota Lawyers Mutual Insurance Company presents: T r y 6 Weeks

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Pat. No. 12,631 Thomas Edison There’s always room for improvement wasn’t the first to and your idea might be one for the invent the lightbulb, record books. That’s where our team but his longer-lasting of experienced patent lawyers and litigators can help turn your ideas into filament made history valuable assets and protect them. because he chose to Patterson, Thuente, Skaar & Christensen – a team of experience in patent law patent and litigation. Call us at 1-800-331-4537 it! and protect your idea – before someone else does. CLE Calendar October-November

OCT 12 Lorman Education Services OCT 17 Lorman Education Services Commercial Lending Requirements and Work-related Stress Claims—Overview, Loan Documentation The Law and Strategies Atlanta, Ga. Multiple Sites 6.7 CLE Hours 1.5 CLE Hours

OCT 13 ICLE OCT 18 Lorman Education Services Child Support Guidelines Training Covenants Not to Complete and Trade SB382/HB221 (Live Statewide Broadcast) Secrets See www.iclega.org for locations Multiple Sites 6 CLE Hours 1.5 CLE Hours

OCT 13 ICLE OCT 19 ICLE Professionalism and Ethical Dilemmas Child Support Guidelines Training Atlanta, Ga. SB382/HB221 Satellite Replay 3 CLE Hours Statewide, Ga. See www.iclega.org for locations OCT 13 ICLE 6 CLE Hours Securities Litigation Atlanta, Ga. OCT 19 ICLE 6 CLE Hours Criminal Law Atlanta, Ga. OCT 13 ICLE 6 CLE Hours Tax Fraud Defense Atlanta, Ga. OCT 19 ICLE 6 CLE Hours Zoning Atlanta, Ga. OCT 16 Lorman Education Services 6 CLE Hours HR From the Ground Up—Minimizing Risk Through Effective HR OCT 19 NBI, Inc. Multiple Sites Preserving Your Right to Appeal– 1.5 CLE Hours Essential Trial Motion Atlanta, Ga. OCT 17 ICLE 6 CLE Hours Technology Law Institute Atlanta, Ga. OCT 19 Lorman Education Services 7 CLE Hours Mold and IAQ Disputes–A Guide to Effectively Assess and Develop Litigation OCT 17 Lorman Education Services Multiple Sites Protecting Special Needs Clients—Myths 1.5 CLE Hours & Facts Multiple Sites OCT 20 Lorman Education Services 1.5 CLE Hours How to Limit Development Liabilities by Minimizing Impacts to Waterways and Downstreams Atlanta, Ga. 6 CLE Hours

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.

72 Georgia Bar Journal CLE Calendar

OCT 20 NBI, Inc. OCT 26-27 ICLE What Family Court Judges Want You to 11th Circuit Appellate Practice Institute Know Atlanta, Ga. Atlanta, Ga. 9 CLE Hours 6 CLE Hours OCT 27 ICLE OCT 20 ICLE Georgia Personal Injury Practice ADR Institute Atlanta, Ga. Atlanta, Ga. 6 CLE Hours 6 CLE Hours OCT 27 ICLE OCT 20 ICLE Premises Liability Administrative License Suspensions Atlanta, Ga. Atlanta, Ga. 6 CLE Hours 6 CLE Hours OCT 27 ICLE OCT 23 Lorman Education Services Advanced Health Care Law 2006 Skills of Acquisition-Procurement Atlanta, Ga. Techniques 6 CLE Hours Multiple Sites 1.5 CLE Hours OCT 31 Lorman Education Services Phase II Storm Water Regulation and OCT 24 Lorman Education Services Compliance Understanding the Construction Bidding Athens, Ga. Process 6 CLE Hours Multiple Sites 1.5 CLE Hours NOV 1 Lorman Education Services Beyond the Basics—Tax Deferred Reverse OCT 24 Lorman Education Services and Improvements Exchanges Under 1031 Special Issues For Condominium and Multiple Sites Homeowners’ Association 1.5 CLE Hours Atlanta, Ga. 6.2 CLE Hours NOV 1 ICLE Family Law OCT 25 ICLE Augusta, Ga. Training for Attorney Child Advocates 6 CLE Hours Atlanta, Ga. 6 CLE Hours NOV 2 ICLE Liability of Local Governments OCT 26 NBI, Inc. Atlanta, Ga. Lawfully Managing Student Records 6 CLE Hours Without Violating Privacy Rights Atlanta, Ga. NOV 2 ICLE 3 CLE Hours Auto Insurance Law Atlanta, Ga. OCT 26 ICLE 6 CLE Hours Experts for Advocates Duluth, Ga. 6 CLE Hours

October 2006 73 CLE Calendar October-November

NOV 2 ICLE NOV 8 NBI, Inc. Georgia Economic Development Authority The Changing Landscape of Eminent Atlanta, Ga. Domain in Georgia 6.5 CLE Hours Atlanta, Ga. 3 CLE Hours NOV 2 Lorman Education Services The 8 Greatest Estate Planning Techniques NOV 9 ICLE Atlanta, Ga. Professionalism, Ethics & Malpractice 6.7 CLE Hours (Rebroadcast) See www.iclega.org for locations NOV 3 ICLE 3 CLE Hours Trial of a Traumatic Injury Case Atlanta, Ga. NOV 9 ICLE 6 CLE Hours Commercial Real Estate Atlanta, Ga. NOV 3 ICLE 6 CLE Hours Adoption Law Atlanta, Ga. NOV 9 ICLE 6 CLE Hours Buying & Selling Privately-Held Businesses NOV 3 ICLE Atlanta, Ga. Professionalism, Ethics & Malpractice 6 CLE Hours (Live Statewide Broadcast) See www.iclega.org for locations NOV 9-10 ICLE 3 CLE Hours Trial Evidence Atlanta, Ga. NOV 3 NBI, Inc. 12 CLE Hours Examining and Resolving Title Issues Atlanta, Ga. NOV 10 ICLE 6 CLE Hours Bankruptcy Law Update Atlanta, Ga. NOV 7-9 Prosecuting Attorneys’ Council of 6 CLE Hours Georgia 2006 Fundamentals of Prosecution NOV 10 ICLE Forsyth, Ga. Successful Trial Practice (Live Broadcast) 13.3 CLE Hours See www.iclega.org for locations 6 CLE Hours NOV 8 NBI, Inc. Self Study the Changing Landscape of NOV 13 Lorman Education Services Eminent Domain in Georgia Trust Owned Life Insurance—A Ticking 3 CLE Hours Time Bomb and How to Defuse Multiple Sites NOV 8 Lorman Education Services 1.5 CLE Hours Solving Water Intrusion and Mold Problems Multiple Sites 1.5 CLE Hours

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.

74 Georgia Bar Journal CLE Calendar

NOV 15 ICLE NOV 17 ICLE Mentor Orientation Negotiation and Conflict Resolution Atlanta, Ga. Atlanta, Ga. 3 CLE Hours 6 CLE Hours

NOV 15 Lorman Education Services NOV 17 ICLE Sarbanes Oxley—5 Best Practices Business Organization Multiple Sites Atlanta, Ga. 1.5 CLE Hours 6 CLE Hours

NOV 15 Lorman Education Services NOV 17 ICLE Purchasing Law—Effective Recent Developments (Live Statewide Negotiations—Structuring the Deal Broadcast) Multiple Sites See www.iclega.org for locations 1.5 CLE Hours 6 CLE Hours

NOV 16 ICLE NOV 17 Lorman Education Services Successful Trial Practice (Rebroadcast) The Art of Legal Writing See www.iclega.org for locations Multiple Sites 6 CLE Hours 1.5 CLE Hours

NOV 16 ICLE NOV 28 NBI, Inc. Landlord & Tenant Law Labor and Employment Law Update 2006 Atlanta, Ga. Statewide, Ga. 6 CLE Hours 6 CLE Hours

NOV 16 NBI, Inc. NOV 30 ICLE Exploring the Fair Housing Act—Pitfalls Family Immigration Law and Consequences Atlanta, Ga. Atlanta, Ga. 6.5 CLE Hours 6 CLE Hours NOV 30 ICLE NOV 16 Lorman Education Services Recent Developments (Rebroadcast) How to Prevent Construction Projects See www.iclega.org for locations from Going Bad 6 CLE Hours Multiple Sites 1.5 CLE Hours NOV 30 NBI, Inc. Find It Free and Fast on the Net— NOV 16 Lorman Education Services Strategies for Legal Research on the Web Positive Strategies for Dealing with Savannah, Ga. Problem 6 CLE Hours Multiple Sites 1.5 CLE Hours NOV 30-DEC 1 ICLE Corporate Counsel Institute Atlanta, Ga. 12 CLE Hours

October 2006 75 Notices

Supreme Court Issues Formal Advisory Opinion No. 05-12

The second publication of this opinion appeared in SUMMARY ANSWER: the April 2006 issue of the Georgia Bar Journal, which was mailed to the members of the State Bar of Georgia Representation of a criminal defendant in municipal on or about April 7, 2006. The opinion was filed with court by a member of the City Council where the City the Supreme Court of Georgia on April 20, 2006. On Council controls salary and benefits for the police impli- May 8, 2006, the State Bar of Georgia filed State Bar of cates Rule 3.5(a), which prohibits attorneys from seek- Georgia’s Petition for Discretionary Review with the ing to influence officials by means prohibited by law. In Supreme Court of Georgia, asking the Court to review any circumstance where the representation may create Formal Advisory Opinion No. 05-12. On May 8, 2006, an appearance of impropriety it should be avoided. the State Bar of Georgia also filed Brief of Petitioner with the Supreme Court of Georgia asking the Court OPINION: to retract Formal Advisory Opinion No. 00-1 and adopt Formal Advisory Opinion No. 05-12 as the This opinion addresses itself to a situation where the replacement for Formal Advisory Opinion No. 00-1. City Council member votes on salary and benefits for On July 25, 2006, the Supreme Court of Georgia issued the police. Particularly in small municipalities, this sit- an Order both granting review of Formal Advisory uation could give rise to a perception that a police offi- Opinion No. 05-12 and approving Formal Advisory cer’s judgment might be affected. For example, a police Opinion No. 05-12 as the replacement for Formal officer might be reluctant to oppose a request that he Advisory Opinion No. 00-1. Following, is the full text recommend lesser charges or the dismissal of charges of the opinion issued by the Supreme Court. In accor- when the request comes from a council member repre- dance with Bar Rule 4-403(e), this opinion is binding senting the accused. Situations like the one at hand upon all members of the State Bar of Georgia, and the give rise to inherent influence which is present even if Supreme Court shall accord this opinion the same the attorney who is also a City Council member precedential authority given to the regularly pub- attempts to avoid using that position to influence the lished judicial opinions of the Court. proceedings.

Rule 3.5 provides that “A lawyer shall not, without Formal Advisory Opinion No. 05-12 regard to whether the lawyer represents a client in the Approved And Issued On July 25, 2006 matter: (a) seek to influence a judge, juror, prospective juror or other official by means prohibited by law....” Pursuant To Bar Rule 4-403 By Order As a general matter, a police officer is a public official. Of The Supreme Court Of Georgia See White v. Fireman’s Fund Ins. Co., 233 Ga. 919 (1975); Thereby Replacing FAO No. 00-1 Sauls v. State, 220 Ga. App. 115 (1996). But see O.C.G.A. §45-5-6. Where a police officer exercises discretion as to Supreme Court Docket No. S06U1489 the prosecution of criminal charges, the police officer is a public official within the meaning of Rule 3.5(a). By QUESTION PRESENTED: its express terms, Rule 3.5(a) applies only when an attorney seeks to influence, that is where an attorney When the City Council controls the salary and bene- has the intent to influence, an official by means prohib- fits of the members of the Police Department, may a ited by law. If an attorney were to indicate to an officer councilperson, who is an attorney, represent criminal that as a result of the attorney’s position as a member defendants in matters where the police exercise discre- of the City Council a favorable recommendation as to tion in determining the charges? one of the attorney’s clients would result in benefits

76 Georgia Bar Journal flowing to the officer, or that an unfavorable recommendation would result in harm, the attorney would Postage Summary have committed the offense of bribery, OCGA §16-10-2 (a)(1), or extortion, OCGA §16-8-16(a)(4). The attorney United States Postal Service would also have violated Rule 3.5(a). Statement of Ownership, Management, and Circulation 1. Publication Title 2. Publication Number 3. Filing Date

Georgia Bar Journal 0217 _ 560 September 6, 2006 The mere fact of representation of a criminal defen- 4. Issue Frequency 5. Number of Issues Published Annually 6. Annual Subscription Price Bimonthly 7 $36 dant by an attorney who is a member of the City 7. Complete Mailing Address of Known Office of Publication (Not printer) (Street, city, county, state, and ZIP+4) Contact Person State Bar of Georgia Communications Department Caren Henderson Telephone Council, when the City Council controls the salary and 104 Marietta St. NW, Suite 100, Atlanta, Fulton Co., GA 30303-2743 404-527-8736 8. Complete Mailing Address of Headquarters or General Business Office of Publisher (Not printer) benefits of the members of the Police Department, and State Bar of Georgia when the police exercise discretion in determining the 104 Marietta St. NW, Suite 100, Atlanta, Fulton Co., GA 30303-2743 9. Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor (Do not leave blank) Publisher (Name and complete mailing address) charges does not, by itself, establish a violation of Rule State Bar of Georgia 3.5(a). To establish a violation, there must be a showing 104 Marietta St. NW, Suite 100, Atlanta, Fulton Co., GA 30303-2743 Editor (Name and complete mailing address) Marcus D. Liner that the attorney sought to exercise influence in a man- 10 Glenlake Parkway Atlanta, GA 30328 Managing Editor (Name and complete mailing address) ner prohibited by law. We note, however, that Caren Henderson State Bar of Georgia Comment 2 to Rule 3.5 provides that “The activity pro- 104 Marietta St. NW, Suite 100, Atlanta, Fulton Co., GA 30303-2743 10. Owner (Do not leave blank. If the publication is owned by a corporation, give the name and address of the corporation immediately followed by the names and addresses of all stockholders owning or holding 1 percent or more of the total amount of stock. If not owned by a corporation, give the scribed by this Rule should be observed by the advo- names and addresses of the individual owners. If owned by a partnership or other unincorporated firm, give its name and address as well as those of each individual owner. If the publication is published by a nonprofit organization, give its name and address.) cate in such a careful manner that there be no appear- Full Name Complete Mailing Address ance of impropriety.” Pursuant to Rule 3.5, therefore, State Bar of Georgia 104 Marietta St. NW, Ste. 100 Atlanta, GA 30303-2743 an attorney should not represent a criminal defendant where an inference of improper influence can reasonably be drawn. 11. Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities. If none, check box None Full Name Complete Mailing Address Proposed Amendment to 12. Tax Status (For completion by nonprofit organizations authorized to mail at nonprofit rates) (Check one) The purpose, function, and nonprofit status of this organization and the exempt status for federal income tax purposes: Has Not Changed During Preceding 12 Months Has Changed During Preceding 12 Months (Publisher must submit explanation of change with this statement) Uniform Superior PS Form 3526, October 1999 (See Instructions on Reverse)

Court Rule 24 13. Publication Title 14. Issue Date for Circulation Data Below Georgia Bar Journal June 2006 15. Average No. Copies Each Issue No. Copies of Single Issue Extent and Nature of Circulation At its business meeting on July 26, 2006, the Council During Preceding 12 Months Published Nearest to Filing Date of Superior Court Judges approved a proposed amend- a. Total Number of Copies (Net press run) 33,092 32,540 Paid/Requested Outside-County Mail Subscriptions Stated on (1) Form 3541. (Include advertiser's proof and exchange copies) 31,960 31,942 Paid In-County Subscriptions Stated on Form 3541 ment to Uniform Superior Court Rule 24. A copy of the (2) b. Paid and/or (Include advertiser's proof and exchange copies) 0 0 Requested Sales Through Dealers and Carriers, Street Vendors, Circulation (3) proposed amendments may be found at the Council’s Counter Sales, and Other Non-USPS Paid Distribution 0 0 website at www.cscj.org. Should you have any com- (4) Other Classes Mailed Through the USPS 0 0 c. Total Paid and/or Requested Circulation [Sum of 15b. (1), (2),(3),and (4)] 31,960 31,942 ments on the proposed new rules, please submit them d. Free (1) Outside-County as Stated on Form 3541 Distribution 0 0 in writing to the Council of Superior Court Judges at 18 by Mail (Samples, (2) In-County as Stated on Form 3541 0 0 compliment ary, and Capitol Square, Suite 108, Atlanta, Georgia 30334 or fax other free) (3) Other Classes Mailed Through the USPS 140 173

e. Free Distribution Outside the Mail them to (404) 651-8626. To be considered, comments (Carriers or other means) 75 79 f. Total Free Distribution (Sum of 15d. and 15e.) 215 252 must be received by Friday, Nov. 3, 2006. g. Total Distribution (Sum of 15c. and 15f) 32,175 32,194 h. Copies not Distributed 917 515 i. Total (Sum of 15g. and h.) 33,092 32,709

j. Percent Paid and/or Requested Circulation (15c. divided by 15g. times 100) 99.3 99.2 16. Publication of Statement of Ownership October 2006 SAVE TIME AT Publication required. Will be printed in the ______issue of this publication. Publication not required. 17. Signature and Title of Editor, Publisher, Business Manager, or Owner Date September 6, 2006 www.gabar.org I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonme nt) and/or civil sanctions (including civil penalties). You can find the services you Instructions to Publishers 1. Complete and file one copy of this form with your postmaster annually on or before October 1. Keep a copy of the completed form for your records. need for your practice on the 2. In cases where the stockholder or security holder is a trustee, include in items 10 and 11 the name of the person or corporation for whom the trustee is acting. Also include the names and addresses of individuals who are stockholders who own or hold 1 percent or more of the total amount of bonds, mortgages, or other securities of the publishing corporation. In item 11, if none, check the box. Use blank sheets if more space is required. Online Vendor Directory. Be 3. Be sure to furnish all circulation information called for in item 15. Free circulation must be shown in items 15d, e, and f. 4. Item 15h., Copies not Distributed, must include (1) newsstand copies originally stated on Form 3541, and returned to the publisher, sure to look for special (2) estimated returns from news agents, and (3), copies for office use, leftovers, spoiled, and all other copies not distributed. 5. If the publication had Periodicals authorization as a general or requester publication, this Statement of Ownership, Management, and Circulation must be published; it must be printed in any issue in October or, if the publication is not published during October, discounts offered to State Bar the first issue printed after October. 6. In item 16, indicate the date of the issue in which this Statement of Ownership will be published. 7. Item 17 must be signed. Members on the Vendor Directory. Failure to file or publish a statement of ownership may lead to suspension of Periodicals authorization. PS Form 3526, October 1999 (Reverse)

October 2006 77 Classified Resources

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78 Georgia Bar Journal Classified Resources

care, damages, liability, CGL, WC, auto, HO, disability, Trial Counsel Wanted, South Georgia Atlanta plain- health, life, annuities, liquidations, regulation, reinsur- tiff personal injury firm seeks experienced trial attor- ance, surplus lines, vanishing premiums. Bill Hager, ney to associate as lead counsel on an ongoing basis. Insurance Metrics Corp, 561-995-7429. Visit Please send curriculum vitae/resume to P.O. Box www.expertinsurancewitness.com. 95902, Atlanta, 39347-0902.

QDRO Problems? QDRO drafting for ERISA, military, Trial Counsel Wanted, Atlanta Metro Area Atlanta Federal and State government pensions. Fixed fee of plaintiff personal injury firm seeks experienced trial $685 (billable to your client as a disbursement) includes attorney to associate as lead counsel on an ongoing all correspondence with plan and revisions. Pension basis. Please send curriculum vitae/resume to P.O. Box valuations and expert testimony for divorce and mal- 95902, Atlanta, 39347-0902. practice cases. All work done by experienced QDRO attorney. Full background at www.qdrosolutions.net. Tired of big firm hours? Small Sandy Springs firm QDRO Solutions, Inc., 2916 Professional Parkway, looking for part-time bankruptcy attorney to represent Augusta, GA 706-650-7028. secured creditors in bankruptcy court and assist partner in commercial litigation. Commercial bankruptcy Chiropractic Expert Witness. 20 years in practice. experience is REQUIRED. Flexible days and hours. Masters degree and experience in health care manage- Good working atmosphere. Email confidential resume ment. Currently a professor at a chiropractic college. to [email protected]. Highly skilled in medicolegal issues. Contact Steven Katz, DC, MHA at 386-871-1517 or [email protected]. Hall, Bloch, Garland & Meyer, LLP, Macon, GA is seeking an attorney with one to three years experience Estates liquidated—Will liquidate estates by direct pur- in the areas of taxation, estate planning and business chase. Prompt efficient service. Real estate emptied. All matters. Certified Public Accountant’s certificate situations/areas. Please save this ad! AAA Liquidators, and/or LLM preferred but not required. Candidates 678-200-5825, 678-205-2333, fax 678-461-5217. must be licensed in the state of Georgia. Submit resume in confidence to: J. Patrick Meyer Jr., Hall, Bloch, Need QDRO Help? QDRO preparation by local Garland & Meyer, LLP, P.O. Box 5088, Macon, GA Atlanta attorneys. Taylor & Weber LLC provides per- 31208-5088, email [email protected]. sonal, timely and affordable QDRO drafting for ERISA (property division, child support and alimony), mili- Georgia/Alabama Office Director, Atlanta, GA—The tary and government pensions. Services include Southern Environmental Law Center is seeking an attor- reviewing/drafting settlement agreement provisions ney with 10+ years of experience to serve as director of regarding division of retirement benefits. For more our Georgia/Alabama Office in Atlanta, Georgia. This is information, please visit www.qdroadvisors.com. a rare opportunity to join one of the nation’s most effec- Taylor & Weber LLC, 3330 Cumberland Blvd., #500, tive environmental advocacy organizations which for 20 Atlanta, GA 770-933-6848. years has worked to protect and improve the quality of the Southeast’s natural areas and resources. Headquartered in Charlottesville, VA, SELC also has Positions offices in Chapel Hill, NC, and Atlanta, GA, and satellite Bankruptcy Attorney Needed—High Volume—Top offices in Asheville, NC and Sewanee, TN. We currently Pay. Debtors Practice. Must have experience in have a staff of 66, including 31 attorneys. SELC opened Northern and Middle District 13s. Paul C. Parker 404- its Georgia/Alabama office in 1998. It currently has five 378-0600. attorneys, a major gifts officer, and administrative and legal support staff. The director of the Georgia/Alabama Personal Injury or Workers’ Compensation Attorney. office will be a talented, multi-faceted lawyer and a rec- Well-established, successful Atlanta Plaintiff’s firm ognized leader and manager, who will be responsible seeking motivated Personal Injury or Workers’ for all aspects of the office and its success, and will par- Compensation Attorney. Great Support, excellent ticipate in the overall management of SELC as a member financial opportunity including benefits. Fax resume to of the organization’s management committee. See OC at 800-529-3477. www.southernenvironment.org for full position

October 2006 79 Classified Resources

description. Letter of interest, resume, law school tran- right Attorney. To respond, please email cover letter, script, at least three references to Hayley Parrish, salary expectations, and resume to Southern Environmental Law Center, 201 West Main [email protected]. Trey Inman & Associates is an Street, Suite 14, Charlottesville, VA 22902, or email to Equal Opportunity Employer. [email protected]. SELC is an Equal Opportunity Employer continually seeking to diversify its staff. We Emory Graduate Seeking Legal Position Recent strongly encourage applications from persons of all Emory graduate (high GPA, 99 percentile LSAT, work racial and ethnic backgrounds. and leadership experience) seeking involved position in a small firm in Atlanta area. Will send resume/ref- A Chattanooga law firm with 60+ lawyers is seeking to erences upon request. Highly motivated, looking to hire an associate with two to five years of business law gain a few years of meaningful, practical experience experience. Preference will be given to candidate with and mentoring before heading to law school. health care law experience. Excellent compensation [email protected] or 304-281-8604. and benefits package. Please respond in confidence to Chambliss, Bahner, & Stophel, P.C., Attn: Mark Cunningham, 1000 Tallan Building, Two Union Advertisers Index Square, Chattanooga, TN 37402. Email: mcunning- [email protected]. Fax: 423-508-0219. AAA Attorney Referral Service...... 63 ABA Retirement ...... 19 Grange Insurance is seeking candidates for the fol- Allure Diamonds...... 11 lowing additional positions for our new Atlanta, Arthur T. Anthony...... 69 Georgia House Counsel Office. House Counsel II/House Counsel I—Responsible for defending clients Bull Hopson Darity & Worley Court Reporters ...... 63 in an ethical and professional manner. Quals include: Corporate Kits/Fessco ...... 49 Must be a member of the Georgia Bar with at least 7yrs Daily Report ...... 17 exp (HCII) or 3yrs exp (HCI) in insurance defense. Daniels-Head Insurance ...... 59 Must be able to litigate and defend both tort/negli- FusionLink ...... 33 gence actions and coverage disputes. Paralegal— Gallery 63...... 20 Responsible for providing trial/litigation support and Georgia Lawyers Insurance Co...... IFC, 17 assistance for attorneys in the defense of Gilsbar, Inc...... 7, 41 negligence/tort lawsuits and/or insurance coverage Guaranteed Subpoena...... IBC matters. Quals include: Paralegal degree or equivalent Imbordino Polygraph Examinations...... 9 ed. and exp. required; 2 yrs related exp required. Insurance Specialists, Inc...... 1 Interested candidates should submit their resume by Jurisco, Inc...... 63 going to www.grangeinsurance.com and accessing Employment Opportunities, then Current Openings. LandAmerica ...... 2 Lawyers Direct ...... 53 Closing Attorney, Residential Real Estate. Trey Lawyers USA...... 71 Inman & Associates seeks candidates for Closing LexisNexis ...... 13, 67 Attorney positions in its Atlanta and Atlanta-area Mainstreet ...... 27 offices. The successful candidate will be a licensed Minnesota Lawyers Mutual...... 39, 71 Georgia attorney, possess 2-3 years experience in con- National Legal Research Group, Inc...... 69 ducting residential real estate closings, bring a pol- Patterson, Thuente, Skaar & Christensen ...... 71 ished professional image, be comfortable in a technolo- SoftPro Corporation ...... 61 gy-driven organization, and demonstrate a healthy South Georgia ADR ...... 43 sense of humor. Trey Inman & Associates is an Atlanta- Springboard Consumer Credit Management ...... 55 based residential real estate and litigation firm with Suntrust ...... 51 offices throughout the Atlanta area and in North and South Carolina. The firm offers an excellent support University of Alabama School of Law ...... 4 staff, a professional working environment, and first- West Group ...... BC rate facilities. This is an excellent opportunity for the

80 Georgia Bar Journal

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