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June 2015 Volume 20 Number 7

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LTN Free to members of the State Bar of Georgia. #1 2010 Customer Satisfaction Survey Members of the State Bar of Georgia now have access to Fastcase for free. Unlimited search using Fastcase’s smarter legal research tools, unlimited printing, and unlimited reference support, all free to active members of the State Bar of Georgia. Log in at www.gabar.org and click the Fastcase logo. And don’t forget that Fastcase’s free apps for iPhone, Android and iPad connect to your bar account automatically by Mobile Sync. All free as a benefit of membership in the State Bar of Georgia. Quick Dial Editorial Board Attorney Discipline 800-334-6865 Editor-in-Chief ext. 720 404-527-8720 Bridgette E. Eckerson Consumer Assistance Program 404-527-8759 Members Conference Room Reservations 404-419-0155 Julia Anderson Jacob Edward Daly Fee Arbitration 404-527-8750 Donald P. Boyle Jr. Lynn Gavin CLE Transcripts 404-527-8710 Diversity Program 404-527-8754 Jacqueline F. 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Barwick, 86-87 Unlicensed Practice of Law 404-527-8743 Young Lawyers Division 404-527-8778 Marisa Anne Pagnattaro, 01-02 James C. Gaulden Jr., 85-86 Manuscript Submissions D. Scott Murray, 00-01 Jerry B. Blackstock, 84-85 The Georgia Bar Journal welcomes the submission of unsolic- William Wall Sapp, 99-00 Steven M. Collins, 82-84 ited legal manuscripts on topics of interest to the State Bar of Theodore H. Davis Jr., 97-99 Walter M. Grant, 79-82 Georgia or written by members of the State Bar of Georgia. Submissions should be 10 to 12 pages, double-spaced (includ- L. Brett Lockwood, 95-97 Stephen E. Raville, 77-79 ing endnotes) and on letter-size paper. Citations should con- Stephanie B. Manis, 93-95 form to A UNIFORM SYSTEM OF CITATION (19th ed. 2010). Please address unsolicited articles to: Bridgette Eckerson, State Bar of Georgia, Communications Department, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. Authors will be notified Officers of the State Bar of Georgia of the Editorial Board’s decision regarding publication. Patrise M. Perkins-Hooker President The Georgia Bar Journal welcomes the submission of news Robert J. Kauffman President-Elect about local and circuit bar association happenings, Bar Charles L. Ruffin Immediate Past President members, law firms and topics of interest to attorneys in Georgia. Please send news releases and other informa- Rita A. Sheffey Treasurer tion to: Sarah I. Coole, Director of Communications, 104 Patrick T. O’Connor Secretary Marietta St. NW, Suite 100, Atlanta, GA 30303; phone: 404-527-8791; [email protected]. Sharri Edenfield YLD President Disabilities John R. B. Long YLD President-Elect If you have a disability which requires printed Darrell L. Sutton YLD Immediate Past President materials in alternate formats, please contact the ADA coordinator at 404-527-8700 or 800-334-6865. Communications Committee Headquarters Peter C. Canfield Co-Chair 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 Sonjui L. Kumar Co-Chair 800-334-6865, 404-527-8700, FAX 404-527-8717 Visit us on the Web at www.gabar.org. Communications Staff Coastal Georgia Office 18 E. Bay St., Savannah, GA 31401-1225 Sarah I. Coole Director 877-239-9910, 912-239-9910, FAX 912-239-9970 Jennifer R. Mason Assistant Director South Georgia Office Derrick W. Stanley Section Liaison 244 E. Second St. (31794) P.O. Box 1390 Tifton, GA 31793-1390 Stephanie J. Wilson Communications Coordinator 800-330-0446, 229-387-0446, FAX 229-382-7435 Lauren M. Foster Administrative Assistant Publisher’s Statement The Georgia Bar Journal (ISSN-1085-1437) is published six times per year (February, April, June, August, October, December) with a special issue in November by the State Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, Georgia 30303. Copyright State Bar of Georgia 2015. One copy of each issue is furnished to members as part of their State Bar dues. 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June 2015 Volume 20 Number 7

GBJ Legal Departments 10 4 From the President 20 Navigating Maritime Torts 6 From the YLD President in Georgia: Steering Through 32 Bench & Bar the International Choice 38 Office of the General of Law Analysis by David William Bobo Mullens III Counsel 40 Lawyer Discipline GBJ Features 42 Law Practice Management 16 44 Pro Bono 2015 Legislative Review 50 Section News by W. Thomas Worthy and 56 Member Benefits Russell N. "Rusty" Sewell 22 58 Writing Matters 18 60 Professionalism Page Eighth Annual Business 62 In Memoriam Development Symposium by Marian Cover Dockery 66 CLE Calendar 67 Classified Resources 20 68 Advertisers Index Pro Bono Incentives for You 42 by Michael Monahan GBJ Fiction 22 Window by the River by Kimberly C. Harris

58 On the Cover 44 We salute our attorneys who have demonstrated their commitment to equal access to justice by volunteering their time to represent low-income Georgians in civil pro bono programs during 2014. From the President

by Patrise M. Perkins-Hooker Celebrating 50 Years of Civil Rights Milestones his year the State Bar of Georgia is cel- often, we continue to find ourselves being held hostage to racial biases in our society and the influence of those ebrating the 50th anniversary of Civil Rights biases upon fundamental institutions like our system of justice. Perhaps during this period of celebration, Milestones. Our celebration was held June we need to step into a page of history and explore T the foundations of the Civil 3, at the Bar Center and, like Rights Movement and the role “We recognize the many of lawyers of all persuasions in most celebrations, recognized seeking equality for all citizens. Georgia lawyers who We could benefit from studying the passage of the 1964 Civil the motivations that drove the were involved in the protestors in the ’50s and ’60s Rights Act, the March on Selma, to risk everything—including struggle for civil rights in their lives—to seek fairness and the Alabama movement and equality. There are lessons for their communities from us in the formation of the alli- the passage of the 1965 Voting ance forged between African- Americans and members of the Rights Act, whose sponsors the late 1950s to 1970s, Jewish community to challenge the dissatisfaction with govern- found a new sense of urgency and we applaud them ing bodies that made claims of equality in education, socio- when events in Alabama were for their dedication and economic independence, political progress, voting and human televised. The celebration afford- commitment to these rights, but with limited results. We often hear about a preach- ed an excellent opportunity to important historic events.” er from Atlanta named Martin Luther King Jr. who spoke elo- reflect on where we have been quent words woven in hope and courage for a better day for all people—white, black, brown and yellow, but too and what we need to do to continue to move forward. often we fail to lift the voices of less visible supporters who carried the message, advocated for new laws, cata- Things have certainly changed significantly since lyzed new practices and generally committed themselves 1964, but in some ways things remain the same. Too to working together for a stronger Atlanta community.

4 Georgia Bar Journal The mid-’40s and ’50s witnessed Ali to fight in Atlanta’s Municipal and give counsel during some of an influx of silent supporters Auditorium, and Judge Elbert P. the most crucial crises facing the to Atlanta—Jewish immigrants. A Tuttle, who presided over most movement. Further, it was Jewish decade afterward, the city began to of the appeals of the civil rights businessmen along with their attract people from other cities who cases, there were Georgia lawyers affluent friends that backed the wanted to be catalysts for change. like Hamilton “Ham” Lokey, a movement by giving hundreds of National Black leaders were per- Jewish attorney and politician in thousands of dollars over a period suaded that the acceptance of the Atlanta who joined with Black of time. They made up half to Jewish immigrants into their strug- lawyers and legislators in pur- three-quarters of the contributors gle for justice would improve condi- suing their civil rights issues. to civil rights organizations, even tions for everyone. They intention- Attorney Lokey was a graduate to the more radical organizations, ally adopted a strategy of joining from the University of Georgia like the Southern Nonviolent forces with Jewish citizens in their and was admitted to the Georgia Coordinating Committee. struggle against discrimination. Bar in 1933. He understood the Attorneys Lokey and Hollowell Jewish attorneys, particularly importance of education as well as are but two examples of more than from the northern states, traveled equality of the law. He established 100 Georgia lawyers who were south and fully supported civil the Atlanta law firm of Lokey and actively involved in the civil rights rights protests, demonstrations, Bowden with Henry Bowden in movement. Some of these lawyers marches, etc. They were active in 1939 and was later elected to the stood on the front line and some supporting black voter registration Georgia General Assembly as a assisted in changing the minds of and integration of public accom- representative of Fulton County, others behind the scenes. Others modations, private clubs and bar serving from 1953-56. He was handled the thousands of legal associations such as the Lawyers the only legislator in the Georgia cases associated with arrests for Club, the Piedmont Driving Club House of Representatives that peaceful protests. This was a diffi- and the Commerce Club, as well voted against efforts by Governors cult time in our state’s history and as being outspoken supporters for Talmadge, Griffin and Vandiver speaking up for the civil rights of the movement. to close public schools, public uni- citizens was a dangerous pastime Blacks and Jews were brought versities and state parks just to and a potentially deadly activity. together by a commonality—dis- avoid desegregation. We recognize the many Georgia crimination—and hung on to a Noteworthy is the fact that dur- lawyers who were involved in the political agenda which they ing the civil rights movement, struggle for civil rights in their believed would ensure their suc- Jewish attorneys were fundraisers communities from the late 1950s cess and their children’s success in and key speechwriters. They also to 1970s, and we applaud them for America. Simply put, they believed made up more than half of the their dedication and commitment to that there should not be distinc- white lawyers who came south these important historic events. tions based on race or religion. In to defend the civil rights march- addition to Black attorneys like ers and protesters. Several of Patrise M. Perkins-Hooker is Donald Lee Hollowell who repre- the national Black leaders’ legal the president of the State Bar of sented Rev. King, A. T. Walden, C. advisers were Jewish lawyers on Georgia and can be reached at B. King and Sen. Leroy Johnson, whom Black leaders confiden- [email protected]. who fought to allow Muhammad tially relied to handle finances

The Georgia Bar Journal is available online at www.gabar.org.

June 2015 Volume 20 Number 7  Search the Georgia Bar Journal in its entirety by keywords.  Access all the information of the printed edition, but electronically.  Add “sticky notes” and “favorite” tabs to the copy you access.  Share the entire Journal or specific pages of the Journal with your colleagues by sending an email or posting it on social networking sites.  Link directly to advertisers within each issue. Honoring Our Pro Bono All-Stars Try it now! www.gabar.org/newsandpublications/georgiabarjournal/

June 2015 5 From the YLD President

by Sharri Edenfield Civil Rights and Professional Obligations

he YLD’s 2015 Spring Meeting, held March ming for the Spring Meeting. After some discussion, we agreed the best option would be a CLE, which could 19-22 at the Hyatt French Quarter in New also serve as the third session of the year for the YLD Leadership Academy. Having arisen from an incident Orleans, was his- that occurred in New Orleans, T the U.S. Supreme Court’s 1896 toric and memorable for sever- “. . . the discussion of the decision in Plessy v. Ferguson, dealing with racial segregation al reasons, but the most prodi- professional obligations of during Reconstruction, was a natural subject, given our loca- gious reason was the two-hour lawyers to promote equal tion, to explore in historical and contemporary contexts. Continuing Legal Education application of the laws, our role New Orleans resident Homer Plessy was an African- session, “Plessy v. Ferguson American shoemaker who, as in championing access to justice an act of civil disobedience, Revisited: Civil Rights and rode in a “whites only” rail- and the rights of citizens, and way car and was subsequently Professional Obligations” that arrested on charges of violat- our professional interactions ing the Separate Car Act of took place during the meeting. Louisiana, which mandated with opposing parties and their separate accommodations for Thanks to YLD Minorities black and white railroad pas- in the Profession Committee counsel, the courts and our sengers. In the criminal trial, Co-Chair Morgan Clemons and Judge John Ferguson ruled Chief Justice’s Commission colleagues is one we need to against a motion made by on Professionalism Executive attorneys for Plessy. The rul- Director Avarita Hanson, this ing was later affirmed by the CLE served as the highlight of have on a regular basis.” Louisiana Supreme Court, and our meeting and perhaps, one the case was ultimately heard of the biggest highlights of the by the U.S. Supreme Court. YLD’s year as a whole. Plessy established the “separate but equal” doc- Last fall, Morgan approached me with an offer for trine as constitutional and became the foundation her committee to take a leadership role in the program- for Jim Crow laws throughout the country for the

6 Georgia Bar Journal majority of the 20th century. It yers when we are confronted with Peter Garaghty, counsel and direc- was not until 1954, when Plessy injustice. She blended in a discus- tor, respectively, for ETHICSearch, was overturned by Brown v. sion of the march from Selma to speak to the issue by citing a 1974 Board of Education, that the courts Montgomery, the 50th anniversary ABA Ethics Committee opinion, declared separate could not be of which had just taken place. She which states in part: equal. The 60th anniversary of quoted President Barack Obama Brown was observed last year, as saying at the event, “Selma is . . . The answer is that a law- and we marked the 50th anniver- about the courage of ordinary yer must comply at all times sary of the march from Selma to people doing extraordinary things with all applicable disciplinary Montgomery a few weeks before because they believe they can rules of the Code of Professional our meeting in New Orleans. change the country, that they can Responsibility whether or not In planning the CLE program, shape our nation’s destiny. Selma he is acting in his professional we realized this would be a good is about each of us asking our- capacity. opportunity to include a profes- selves what we can do to make sionalism component on the America better.” Many, if not most, disciplinary responsibilities of lawyers to “do This led to Hanson asking what rules by their nature relate only the right thing” in the face of injus- can we as lawyers do to make to the conduct of a lawyer act- tice. I asked Avarita Hanson, exec- America better. She reminded us ing in his professional capacity. utive director of the Chief Justice’s that lawyers are not just “ordinary For example, DR 7-106, which Commission on Professionalism, to people.” Our special training and regulates the trial conduct of a work with Morgan on developing skills mean that we have the keys lawyer, obviously is concerned the CLE curriculum. to the law and to the courthouse. with the conduct of a lawyer The resulting two-hour CLE Lawyers are seen and work as in his professional capacity of was a combination of historical community leaders, lawmakers a trial lawyer. However, other perspective, constitutional law and defenders of rights. Are we? disciplinary rules are equally and professionalism. Morgan “Lawyers are entrusted with the clearly designed to be applicable secured Prof. Lawrence Powell privilege of practicing law and in to a lawyer without regard to of Tulane University to speak on Georgia of being self-regulating whether he is acting individu- the historical backdrop of Plessy. through the Supreme Court and ally or as a lawyer . . . Powell painted a grim picture of the State Bar of Georgia,” Hanson the reality of rampant racism and stated. “We take a firm oath to The provisions of DR 1-102(A)(3) violence in Louisiana before the uphold the Constitution and laws and (4) (which reads as follows: Civil War and, especially, dur- of the United States and the state of “(A) A lawyer shall not: . . . (3) ing Reconstruction, when Homer Georgia. Lawyers enjoy a distinct Engage in illegal conduct involv- Plessy made his consequential position of trust and confidence ing moral turpitude. (4) Engage appearance on that train. and an obligation to be caretak- in conduct involving dishonesty, Tulane University School of Law ers of the system of justice that is fraud, deceit, or misrepresenta- Prof. Robert St. Martin Westley essential for the continued exis- tion.”) are not limited to a law- gave an eloquent presentation on tence of a civilized society.” yer’s conduct while he is acting the constitutional justification and The Rules of Professional in his professional capacity as a ramifications of the Plessy decision. Conduct are rules of reason, she lawyer. They are applicable to He reminded CLE participants that said, and they presuppose a larger all conduct of the nature speci- treating everyone equally is not legal context shaping the lawyer’s fied in those provisions without necessarily the same as treating role. “The Rules do not, however, regard to the capacity the lawyer everyone fairly. As an example, exhaust the moral and ethical con- may be acting. Westley used his giving a written siderations that should inform a exam to each law student in his lawyer, for no worthwhile human “While there is no specific class—including a blind student. activity can be completely defined Georgia opinion to this effect,” His treatment of the blind student by legal rules,” she added. “The Hanson said, “it is certainly a use- was equal, but that doesn’t mean it Rules simply provide a framework ful aspirational standard to con- was fair. for the ethical practice of law.” sider oneself and hold oneself out Hanson gave a rousing presen- Hanson noted there is a good as a lawyer—with all that entails tation on the professional obliga- deal of thought in the legal commu- ethically, professionally and even tions of lawyers. She asked the nity on the notion that a lawyer is a morally—on a 24/7 basis in what- group to consider whether they lawyer 24 hours a day, seven days ever context.” were lawyers 24 hours a day or a week and in all contexts. Writing From there, Hanson segued into only during office hours, as well for the ABA e-news in March of this professionalism, which she called as what should be expected of law- year, Susan J. Michmerhuizen and “the combination of core values

June 2015 7 of competence, civility, public and changes that they had witnessed equal application of the laws, our community service, and ensuring in their lifetimes. The founda- role in championing access to jus- access to justice that distinguishes tion’s mission is to create new tice and the rights of citizens, and lawyers as the caretakers of the rule and innovative ways to teach the our professional interactions with of law.” For Georgia lawyers, two history of civil rights through opposing parties and their coun- documents—A Lawyer’s Creed and understanding this historic case sel, the courts and our colleagues Aspirational Statements—represent and its effect on the American is one we need to have on a regu- higher standards of lawyer behav- conscience. You can find out more lar basis. Thank you very much ior than the minimal standards set at www.plessyandferguson.org. to Morgan Clemons and Avarita forth in the Code of Professional Another reason that the YLD’s Hanson for organizing this out- Conduct. They acknowledge that Spring Meeting was historic and standing program. lawyers have relationships with memorable was because it also set clients, opposing parties and their an attendance record for a stand- Sharri Edenfield is the president counsel, the courts, colleagues, the alone YLD meeting (as opposed to of the young Lawyers Division of profession and the public. The aspi- joint meetings with the State Bar the State Bar of Georgia and can rational goals bind us together as Board of Governors). The meet- be reached at [email protected]. a community. ing drew 104 registrants and 84 “But,” she asked, “what about attendees for the Plessy CLE ses- Endnote the individual lawyer’s own sense sion, which also set a record for 1. Under Jon Pope’s leadership, the of professional responsibility, con- YLD-sponsored CLE programs. YLD held its first-ever Signature science, moral responsibility? The It is gratifying to me to know Fundraiser in February 2007 Rules, the Creed and Aspirational that not only did the Plessy CLE and raised $10,000 for Tipitina’s Ideals are all better understood provide outstanding presenta- Foundation, a New Orleans-based and heeded within one’s own pro- tions and raise thought-provoking nonprofit that promotes childhood fessional identity. Some of that questions, it also reached a larger music education, a charity in great can be rooted in one’s religion or audience of YLD members than need after Hurricane Katrina in 2005. Jon presented the check to personal creed. A simple rule is the ever before, thus inspiring more Tiptina’s the day after the 2007 Golden Rule: ‘Treat others as you young lawyers to consider a law- meeting ended. Additionally, would have them treat you.’ Or yer’s professional obligations in 2007 Spring Meeting attendees the Integrity Rule I learned from a the context of civil rights. volunteered at the SecondHarvest former general, ‘Do what you say Finally, as I finish my term as Food Bank (SHFB) of Greater New you will do.’” YLD president, I note that the 2015 Orleans and Acadia and also took Hanson acknowledged, how- Spring Meeting marked the YLD’s a tour of the devastation left by ever, “. . . we are all human and, I return to the City of New Orleans Katrina, led by the Louisiana YLD believe we have a sense of moral for the first time since 2007 and President, Mark Morice. In honor conscience—a basic sense of brought my time in the YLD full- of the catalyst for the Signature right and wrong—even if that is circle. In April 2007, I attended Fundraiser and the YLD’s return to the Crescent City, the YLD was clouded by political expediency, my very first YLD meeting, which pleased to again make a donation personal ambition or ‘legal judg- was held in New Orleans when to Tipitina’s Foundation in honor ment.’ Rev. Martin Luther King Jon Pope served as YLD president. of the winners of our team-building Jr., in his speech in Montgomery, In thinking back on that 2007 activity, a scavenger hunt in the Ala., after the last Selma March Spring Meeting, I recall how French Quarter. on March 25, 1965, articulated inspired I was to make a differ- that the time for change was ence and how proud I was to be ‘How long? Not long.’ His mes- involved with the YLD.1 sage to us lawyers: ‘The arc of On this 50th anniversary of the the moral universe is long, but it signing into law of the Voting bends toward justice.’” Rights Act of 1965 and the March Additionally, the YLD was hon- on Selma, it is my hope that the ored to have two descendants of record number of YLD members the litigants in Plessy v. Ferguson who attended will also be inspired Join the YLD on join us and talk about the Plessy to make a difference and to consid- & Ferguson Foundation that they er a lawyer’s professional obliga- started. Both Keith Plessy and tions in the context of civil rights. facebook! Phoebe Ferguson are residents of Especially in the midst of such a New Orleans, and it was incred- meaningful historical backdrop, www.facebook.com/ ibly compelling to hear them talk the discussion of the professional GeorgiaYLD about growing up there and the obligations of lawyers to promote

June 2015 9

A Look at the Law

Navigating Maritime Torts in Georgia: Steering Through the International Choice of Law Analysis

by David William Bobo Mullens III

eorgia’s deepwater ports are its increased 5.8 percent to push total cargo volume at the port to 2.9 million containers.9 The head gateway to the world.1 Combined, of the Georgia Ports Authority, Chief Executive Curtis Foltz, largely credits recent growth to the Port of Savannah and Port of international trade with Asia.10 Moreover, foreign G trade should continue to rise as “[i]mprovements Brunswick rank second highest in the country in transportation linkages, technology, new service, strategic marketing and—most significant— in export tonnage.2 The Port of Savannah, alone, the green light to deepen the Savannah Harbor, will play a role in maintaining [the Georgia Ports is the fourth largest container port in the United Authority]’s position as a premier East Coast hub for containerized cargo.”11 States.3 In 2014, it handled 11 percent of all U.S. Processing a growing level of foreign trade, particularly through Savannah, means Georgia containerized exports,4 raised $66.9 billion dollars runs an increased risk of bearing maritime industrial accidents. On any given ship, personnel risk in sales and supported 352,000 jobs across the injury from improperly maintained equipment, inadequate training, unsafe work methods, oil state of Georgia.5 The container ships that pass spills, negligence or assault by co-workers, ship collision and general vessel unseaworthiness. through Savannah and Brunswick reach a size of Studies show that the notified accident rate in merchant shipping is 3.1 accidents per 100 sea- more than 1,000 feet long, 100 feet wide and 40 farers a year.12 Moreover, the notified accident rate for injuries that cause permanent disability feet deep, and are generally operated by a crew is estimated to be .34 incidents per 100 seafar- ers a year.13 Applying these accident rates to the of 20 or so crewmen.6 Each year, nearly 3,000 of increased amount of international shipping in Georgia, it seems likely that Georgia will witness these vessels visit Savannah,7 and more than 600 a rise in personnel injuries on foreign vessels. A rise in injuries should lead to a correspond- of them visit Brunswick.8 ing surge in maritime tort litigation. Under the relevant American statute for maritime tort, the International shipping has played a large role Jones Act, plaintiffs enjoy one of the most liberal in fueling Georgia’s deepwater port growth. Last theories of recovery for maritime personal injury fiscal year, in Savannah alone, imports and exports in the world. Thus, seamen injured on ships

June 2015 11 trading with either Savannah or al representative of the seaman ed any other source of law for relief, Brunswick will have a tantalizing may elect to bring a civil action then summary judgment would be financial incentive to have their at law, with the right of trial by proper, and the defendant would cases handled in Georgia’s federal jury, against the employer.” win.23 Alternatively, if the plain- and state courts. Conversely, for- tiff asserts another cause of action eign companies will want to move The goal is to give seamen injured dependent on foreign law, then it litigation to their home country by a shipowner’s negligence the right is likely the defense will move for and try cases under their own to recover damages for injuries, so the case to be removed to a foreign law rather than being subject to as to make themselves whole.17 The court, under the forum non conveni- American discovery and any ensu- Jones Act is unusual in that it repre- ens doctrine.24 The Eleventh Circuit ing settlement pressures, as well sents an exception to the usual idea specifically requires an international as potentially large jury awards.14 that an injured employee can only choice of law analysis before enter- Therefore, the key in a maritime pursue a workers’ compensation taining removal of the case on the tort dispute involving a foreign claim against his or her employer.18 basis of forum non conveniens.25 company is to determine whether Instead, the Jones Act formally gives Helping Defendants Navigate Choice American or foreign law governs. each seaman the right to a jury trial, of Law (Sand) Bars in Georgia Fortunately, sufficient case law as well as the “right to recover dam- exists to provide a lodestar from ages against his employer for negli- In Georgia, foreign defendants which interested parties may con- gence resulting in injury or death.”19 have a valuable opportunity to fidently steer their litigation in As an added bonus to plaintiffs, remove or dismiss cases pending Georgia’s courts. Lawsuits proceed- punitive damages are also recover- against them under the interna- ing under the Jones Act require an able in maritime tort litigation, as tional choice of law doctrine. To international choice of law analysis the U.S. Supreme Court affirmed act on this opportunity and deter- when the defendant claims foreign in 2009 when it held that the Jones mine whether foreign law applies, law controls. The international choice Act does not preempt punitive foreign defendants should realize of law analysis has developed into damages recoverable under general that the Eleventh Circuit follows an eight-factor test that either party maritime law.20 the eight-factor choice of inter- can win. Ultimately, foreign compa- Assuming a plaintiff meets the national law test outlined by the nies can limit exposure to American requirements of 46 U.S. C. § 30104 U.S. Supreme Court in Hellenic maritime tort law by implementing and files within the three-year Lines Limited v. Rhoditis,26 which four guidelines, recommended infra, statute of limitation,21 the plain- considered: 1) the place of the as company policies. The implemen- tiff must then meet three hurdles wrongful act, 2) the law of the flag, tation of these policies will allow before getting to the merits of his 3) the allegiance or domicile of the companies to focus on strengthening or her Jones Act claim: file in the injured seaman, 4) the allegiance a mutually beneficial trade relation- correct court, establish personal of the defendant shipowner, 5) ship with Savannah and Brunswick, jurisdiction and, lastly, survive an the place where the contract of rather than losing millions of dollars international choice of law defense. employment was made, 6) the in litigation. Assuming the plaintiff establishes inaccessibility of a foreign forum, subject matter jurisdiction and per- 7) the law of the forum and 8) the Background sonal jurisdiction, the foreign com- shipowner’s base of operations.27 pany is left defending the case on Eleventh Circuit Law Mapping Maritime Tort Law choice of law grounds. American maritime personal The Eleventh Circuit places a injury law is relatively new. The Raising the Issue of great deal of emphasis on the base Jones Act is the governing statute International Choice of Law of operations factor, going so far as for this area of law, and was passed To raise the international choice to hold in Membreno v. Costa Crociere in 1920 to recognize the legal rights of law issue, a foreign defendant S.p.A. that the “significant question of seamen who had suffered per- must raise the defense that foreign is whether the defendants have a sonal injury or death in the course law governs the dispute. The proper base of operations in the United of their maritime service.15 Initially way to raise this defense is to assert States.”28 Thus, foreign defendants found at 46 U.S.C. § 688 (2012), the so in the answer to a complaint, or seeking to move maritime tort liti- Jones Act was recodified in 2006 at in a subsequent rule 12(b) or equiva- gation away from the United States 46 U.S.C. §§ 30104 and 30105.16 The lent motion to dismiss, arguing that should focus on establishing that relevant portion of § 30104 reads: the complaint fails to state a claim they do not have a base of opera- upon which relief can be granted.22 tions in the United States. To do “A seaman injured in the course If the court decides that American so, foreign companies should com- of employment or, if the seaman state or federal law is not applicable pare their contacts with Georgia to dies from the injury, the person- and that the plaintiff has not plead- those of defendants in past cases

12 Georgia Bar Journal who were found not to have an ing contacts justified characterizing an Eleventh Circuit international American base of operations. the defendant as having a substan- choice of law analysis. Current law In Membreno, the U.S. Court of tial base of operations in Florida: indicates that defendants might fall Appeals for the Eleventh Circuit calling into Port Everglades nine outside of the scope of the base of held that there was no applica- times in a four-month period, operations analysis if they follow ble base of operations despite the advertising cruise trips that ended certain guidelines. Therefore, for- fact that the Italian company that in Fort Lauderdale, placing ship- eign companies that wish to avoid owned the ship was a subsidiary ping agents in Florida, having a being subject to a finding that they of a U.S. corporation. Instead, the permanent physician in Florida have a base of operations within the Court found that the relevant base to treat defendant’s crewmen and United States should implement of operations was in Italy because receiving significant financial the four following recommenda- contracts with the parent company backing from the United States.31 tions as part of company policy. were done at arm’s length, day-to- Likewise, in the persuasive Mattes Then, if ever sued under the Jones day operations of the Italian com- v. National Hellenic American Line, Act, these foreign companies may pany were conducted in an office in S.A. decision, the District Court for invoke Membreno to insist the base Genoa, the defendant’s fleet spent the Southern District of New York of operations prong is the determi- only 3.4 percent of its sailing days in found a U.S. base of operations native factor of a choice of analysis, American ports and approximately from 17 trips to New York, 85 per- and then argue their company falls 80 percent of the defendant’s busi- cent of the ship’s passengers being outside of that prong’s reach. ness came from Europe.29 American citizens, a majority of First, foreign companies involved Conversely, in Szumlicz v. earnings stemming from American in shipping should diversify their Norwegian America Line, Inc., the clients and 40 percent of all voyages business so that they make less U.S. Court of Appeals for the were to or from American ports.32 than half of their revenue in the Eleventh Circuit applied the Jones United States. In Szumlicz, having Four Guidelines for Foreign Act in a claim against a foreign flag “significant financial backing” in Companies vessel traveling between Puerto the United States was an important Rico and Fort Lauderdale.30 There, As established supra, the base reason for the Court’s finding of the Court reasoned that the follow- of operations factor is critical in a base of operations in Florida.

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June 2015 13 Likewise, in persuasive cases like and minimize opening offices in the with Atlanta as the headquarters, New York’s Mattes, courts have United States. Szumlicz, Cooper and Savannah as the port and Interstates held that discovering that 85 per- Membreno emphasized that defen- 16/75 as the artery of commerce that cent or more of a defendant’s earn- dants without a U.S. office, or at least joins them.”38 Unfortunately, the ings come from the United States a main U.S. office, were less likely to many merchant ships that are pro- can be an important factor in evalu- be considered to have a base of oper- cessed by Savannah and Brunswick ating whether a defendant had a ations in the United States. Therefore, risk industrial accidents. The mar- base of operations in the United each foreign defendant should care- itime tort litigation that emerges States. Conversely, being unable fully weigh whether exposure to from those accidents will become to show how much money was maritime litigation is worth opening very important to the long-term derived from U.S. clientele was offices in the United States for other success of foreign companies doing considered one reason to not be business reasons. Particularly with business with Georgia’s ports, and able to find an American base of modern technology, it is likely that the long-term success of Savannah, operations in Cooper v. Meridian foreign companies can serve all com- Brunswick, and moreover, Georgia. Yachts, Ltd.33 And in Membreno, munication and advertising needs at The resulting maritime tort liti- the Court thought it significant their foreign offices, by making cell gation can be won or lost depend- that more than 80 percent of the phone calls, using online interface ing on whether American law gov- company’s business came from and taking a quick plane ride when erns the particular case at issue. abroad when deciding foreign business deals need to be executed Employing the international choice law applied.34 Acknowledging in person. of law analysis required by the this spectrum of case law, foreign Fourth, foreign companies Eleventh Circuit means litigants defendants should make half of should strictly observe a formal should focus on whether the defen- their business, but no more, from corporate structure if they are dant has a base of operations in the United States. owned by or own American corpo- Georgia. For defendants to con- Second, foreign companies rations. Per Membreno, foreign com- vince a Georgia court that there is should limit the percentage of trips panies need not fear being owned not a relevant base of operations their ships make to Georgia ports or owning an American corpora- in Georgia, they will need to show to significantly under half of total tion, insofar as it inherently affects that they make less than half of voyages. In Mattes, the Court found their vulnerability in a maritime their profits from the United States, a base of operations in the United tort suit. However, foreign com- make less than half of their trips to States partly because 40 percent panies should be sure to observe American ports, have their main of the company’s voyages were corporate formalities, lest decisions office located abroad and observe to American ports.35 Likewise, in made by the U.S. company not be a strict corporate structure with Szumlicz, a cruise ship was found to considered at “arms-length” and an American corporation tied to have a base of operations in Florida resulting business be attributed their ownership structure. Should because it had docked in American to the foreign company, which they fail to convince a court that ports nine times in a four-month would hurt the defendant’s posi- they satisfy the points above, then period and ended most of its cruise tion on the first recommendation. they will risk being exposed to one trips at a Florida port.36 Conversely, To observe corporate formalities, of the most plaintiff-friendly tort in Membreno, no base of operations foreign companies should have an recovery laws in the world. was found partially because less American law firm evaluate the than 4 percent of all sailing days American subsidiary or owner’s David William Bobo were spent in American ports.37 relationship with the foreign firm Mullens III currently Given those parameters, a foreign and offer recommendations on any works in the litigation company should limit its Georgia needed follow up. Foreign business department of Oliver port trips to less than half of total should also ensure they make all Maner LLP in voyages if possible. This could be shipping and trade business deci- Savannah. His practice done by opening up regular routes sions completely autonomously of focuses on business litigation, between non-American ports and any American parent or subsidiary. transportation law, local having each vessel rotate its ship- government law and serious ping assignment. It could also be Conclusion personal injury. He earned his done by heeding Membreno, and Georgia’s growing ports are undergraduate degree from the making sure that time-intensive enjoying a rise in cargo volume, University of Virginia and activities like ship repairs are done wealth and importance. In particu- received his law degree from the abroad so that less time is spent lar, foreign shipping has propelled University of Georgia School of docked in Georgia’s ports. Savannah into an international Law, where he graduated with Third, foreign companies should player and the state of Georgia honors. He may be reached at position their main office abroad, into a “combined economic engine, [email protected].

14 Georgia Bar Journal Endnotes 14. Lauritzen v. Larsen, 345 U.S. 571, 1. About, GEORGIA PORTS 584 (1953). AUTHORITY, http://www. 15. William F. Buckley, The Jones Act- gaports.com/About.aspx (last Its Applicability Clarified, 44 R.I. B.J. visited May 1, 2015). 13, 13 (1995). 2. The Port of Brunswick Fueling Our 16. Cases Involving Maritime Torts- Economy, Creating Opportunity Jurisdiction Und er the Jones Act, and Supporting the Environment 14AA FED. PRAC. & PROC. Juris. § 3677 (4th ed. 2015). (October 5, 2011), HTTP://WWW. 17. Robert Acomb, Maritime Personal GAPORTS.COM/CORPORATE/ Injury and Death, 73 Tul. L. Rev. TABID/379/XMMID/1097/ 1731, 1752 (1999). XMID/6250/XMVIEW/2/DEFAULT. 18. Irving J. Warshauer & Stevan C. ASPX. Dittman, The Uniqueness of Maritime 3. Georgia Ports Authority, SAVANNAH Personal Injury and Death Law, 79 AREA CHAMBER, http://www. JJOIN savannahchamber.com/economic- Tul. L. Rev. 1163, 1164 (2005). JOIN US! development/georgia-ports- 19. Id. at 1173. authority (last visited May 1, 2015). 20. Atlantic Sounding Co., Inc. v. 4. Id. Townsend, 557 U.S. 404 (2009). 5. Id. 21. Cases Involving Maritime Torts- 6. Total Annual Vessels Calls for Fiscal Jurisdiction Und er the Jones Act, Year (July – June) 2010 through 2014, 14AA FED. PRAC. & PROC. Juris. § 3677 (4th ed. 2015). GEORGIA PORTS AUTHORITY, http:// 22. Jack L. Allbritton, Choice of Law in @ www.gaports.com/Portals/2/ Market%20Intelligence/FY14%20 a Maritime Personal Injury Setting: gabar.org Annual%20Vessel%20Calls.pdf The Domestic Jurisprudence, 43 La. (last updated October 22, 2014). L. Rev. 879, 880 (1983). 23. Id. 7. Port of Savannah, WORLD 24. Id. at 881. PORT SOURCE, http://www. 25. Szumlicz v. Norwegian Am. Line, worldportsource.com/ports/ th commerce/USA_GA_Port_of_ Inc., 698 F.2d 1192, 1194-95 (11 Savannah_320.php (last visited Cir. 1983); see also Barbara J. Clark, May 1, 2015). The Maritime Choice of Law Test’s Stepchild, The Base of Operations, 8. 2014 State of the Port, GEORGIA Emerges as the Belle Du Jour, 70 Tul. PORTS AUTHORITY, at 6, http:// USS!S www.gaports.com/Portals/2/ L. Rev. 745 (1995). 26. Hellenic Lines Limited v. Rhoditis, & About/StateofthePort/FINAL%20 2014%20Brunswick%20State%20 398 U.S. 306, 308 (1970). of%20the%20Port%20Presentation. 27. Membreno v. Costa Crociere @StateBarofGA pdf (last visited May 1, 2015). S.P.A., 425 F.3d 932, 936 (11th Cir. 9. Russ Bynum, Savannah Port on 2005). @GeorgiaYLD Target to Hit Growth Milestone, 28. Id . http://www.wtoc.com/ 29. Id . at 936-37. story/24555397/savannah-port-on- 30. Szumlicz v. Norwegian America /statebarofgeorgia target-to-hit-growth-milestone (last Line, Inc., 698 F.2d 1192 (11th Cir. /GeorgiaYLD updated Feb. 26, 2014). 1983). 10. Id. 31. Id. at 1196. 11. Mary Carr Mayle, Economic 32. Mattes v. National Hellenic Am. Outlook for Area Brightens, Line, S.A., 427 F. Supp. 619, 624 /statebarofgeorgia (S.D.N.Y. 1977). SAVANNAH NOW (January 18, /yld 2013), http://savannahnow. 33. Cooper, 575 F.3d 1151, 1177 (11th com/exchange/2013-01-17/ Cir. 2009). economic-outlook-area-brightens#. 34. Membreno, 425 F.3d at 937. UyjhMlFdWM4 (quoting 35. Mattes, 427 F. Supp. At 623-24. /StateBarofGeorgia economist Michael Toma). 36. Szumlicz, 698 F.2d at 1194. 12. H. Hansen, D. Nielsen, M. 37. Membreno, 425 F.3d at 937. Frydenberg, Occupational 38. Harvey J. Gilbert, The Port of Accidents Aboard Merchant Ships, Savannah: A Recipe for International Success, BUSINESS IN SAVANNAH, OCCUPATIONAL & ENVIRONMENTAL http://businessinsavannah.com/ MEDICINE 59: 85-91 (2002). 13. David Walters & Nick Bailey, bis/2012-10-30/port-savannah- recipe-international-success#. LIVES IN PERIL, PROFIT OR SAFETY IN Uzgoc61dWM5 (last visited May 1, THE GLOBAL MARITIME INDUSTRY 24 (2013). 2015).

June 2015 15 GBJ Feature

2015 Legislative Review

by W. Thomas Worthy and Russell N. “Rusty” Sewell

he 2015 Regular Session of the Georgia State Bar is proud to see such a crucial step in ensuring the appropriate compensation of these public servants. General Assembly adjourned sine die shortly Gov. Deal signed HB 279 on May 6. Another big victory for the State Bar of Georgia was after midnight on Thursday, April 2. In the successful passage of HB 153, a proposal by the T Real Property Law Section. After five years of tireless what is being called one of the most productive legisla- effort to protect the public by the State Bar, HB 153 finally allows consumers harmed by the unauthorized tive sessions in recent memory, the General Assembly practice of law in residential real estate transactions an avenue to seek redress by pursuing a private cause of took bold action and passed key legislation in the areas action for damages against the perpetrator. Gov. Deal signed HB 153 on May 5. of transportation and infrastructure funding (HB 170), HB 310 (sponsored by Rep. Alan Powell, R-Hartwell), HB 328 (sponsored by Rep. Chuck Efstration, K-12 education (SB 133 and SR 287), solar power (HB R-Dacula) and HB 361 (sponsored by Rep. Andy Welch, R-McDonough) all contained recommendations 57), insurance coverage for children with autism (HB from the Georgia Council on Criminal Justice Reform, representing the fourth year of justice reform and 429) and medical marijuana for children with specific reinvestment initiatives. HB 310 streamlines offender supervision and creates new transparency and fairness health disorders (HB 1). provisions in the misdemeanor probation system. HB 328 contains adult sentencing reform while HB 361 This was a very successful session for the State Bar of includes continued reforms of the juvenile justice sys- Georgia and once again demonstrated the effectiveness tem. All three bills have been signed by the governor. of the Bar’s Legislative Program. In a session that was Also part of the State Bar’s 2015 legislative agen- primarily focused on transportation and infrastructure da recommended by the Advisory Committee on funding, the Bar’s lobbying team effectively advocated Legislation and approved by the Board of Governors for our agenda while also successfully responding to were two important funding requests. First, the State issues that arose during the frenzied 40 legislative days. Bar supported increased funding to the Judicial Council Most notable of the Bar’s accomplishments was for legal representation of victims of domestic violence the successful passage of HB 279. HB 279, for which after that program received three years of cuts. The the State Bar strongly advocated due to our commit- FY15 budget passed by the General Assembly and ment to adequately fund the judiciary, provides a 5 signed by the governor includes an appropriation of percent pay raise for Supreme Court justices, judges $2.31 million, which is approximately $193,000 more of the Court of Appeals, superior court judges, district than its FY14 level of $2.12 million. Second, the State attorneys and circuit public defenders. In addition, the Bar supported maintaining the funding of the Georgia bill provides a $6,000 annual supplement to the supe- Appellate Resource Center at $800,000, to which the rior court judges, district attorneys and circuit public General Assembly also agreed. defenders in circuits where at least one accountability Other initiatives proposed by the State Bar were court operates. As the key stakeholder in negotiations introduced but did not secure final passage. Because with House and Senate appropriators on this issue, the this was the first of a two-year session, all of these bills

16 Georgia Bar Journal remain active and we will continue to pursue them next year. The first, supported by the Business Law Section, would revise important sections of the corporate code. This proposal was introduced this year as SB 128 by Sen. John Kennedy (R-Macon). Rep. Alex Atwood (R-St. Simons Island) introduced HB 236, which is the State Bar’s Attorneys for Rural Areas Assistance Program—a novel approach to deal with access to justice issues in our state’s most underserved areas. HB 531, introduced by Rep. Ronnie Mabra (D-Fayetteville), was a proposal by the General Practice and Trial Law Section. The bill codifies the long- arm jurisdiction standard from the International Shoe case and expands Georgia’s extraterritorial jurisdiction to the maximum amount allowable by the Due Process Clause. The Family Law Section promulgated a proposal that clari- fies the requirements for the attes- tation of antenuptial agreements. That proposal was introduced by Rep. Regina Quick (R-Athens), as on appeal when a judge expresses Program page at www.gabar.org. HB 405. A proposal by the Real an opinion in a case. SB 99 passed We once again organized “lobby Property Law Section that requires both chambers overwhelmingly days” for local and voluntary bar the appropriate filing of water and was signed by the governor associations from around the state. liens was introduced as SB 206 by on May 6. These were well-attended, success- Sen. William Ligon (R-Brunswick). State Bar President Patrise M. ful events, and we encourage you Finally, the Bar will continue to Perkins-Hooker occasionally visited to attend one of them next year. In work with the International Trade the Capitol during the session and the meantime, look for us in your in Legal Services Committee to did a fine job representing the Bar. area soon as we seek to expand pursue various pieces of legislation The entire Executive Committee as the Bar’s Grassroots Program and that will help make Georgia the well as section leaders who gra- provide you with more political and premier venue of the arbitration of ciously volunteered their time to legislative updates. international claims. testify before committees are to be There was a host of other impor- commended for their legislative W. Thomas Worthy is tant pieces of legislation that, efforts. This was a successful session the director of while the Bar did not have an for the State Bar’s lobbying team, Governmental Affairs official position on them, were which also includes Roy Robinson for the State Bar of of great interest to lawyers and and Meredith Weaver. Georgia and team the legal profession. HB 98, spon- The State Bar’s Grassroots leader for the State sored by Rep. Christian Coomer Program continues to grow with Bar’s lobbying team. (R-Cartersville) repeals the Georgia great success. Nearly 700 mem- Code of Military Justice and enacts bers signed up for the State Bar the Model Code of Military Justice, Action Network, an online portal Russell N. “Rusty” allowing for certain direct appeals. that allows you to monitor legis- Sewell is the president It passed both chambers unani- lative developments and contact of Capitol Partners mously and was signed by the your legislators in near real time. Public Affairs Group governor on May 6. Sen. Kennedy We encourage all of you to sign and has represented introduced SB 99, which changes up for this exciting service over the Bar under the Gold the provisions relating to reversal the summer from the Legislative Dome for more than 20 years.

June 2015 17 GBJ Feature

Eighth Annual Business Development Symposium by Marian Cover Dockery

he State Bar Diversity Program’s eighth annu-

al Business Development Symposium invited Texperienced law firm partners and in-house counsels to share their expertise with attorneys on best practices to develop their books of business. This two- part program offered one CLE hour, including one professionalism, self-reporting, for each session.

As the world of business changes and the work of companies and law firms continue to expand inter- nationally, the need for different perspectives are critical and those of diverse attorneys are needed. The presence of diverse attorneys in the courtroom where defendants and jurors are diverse underscores why corporate clients need their outside counsel to mirror the composition of our society. Corporations want their outside counsel to also reflect the make- up of their inside counsel. A female attorney who is interviewing outside counsel is not interested in an Photos by Don Morgan, Morgan Photography and Video all-male team. Nor is the company interested in a Samuel Woodhouse III, The Woodhouse Law Firm, speaks to attendees during Part I of the Business Development Symposium. diverse team making the pitch, but an all white male team billing the hours. Companies now seek the data Georgia Diversity Program held its annual two-part disclosing who is doing the work to guarantee that symposium at the Bar Center featuring experienced the attorneys at the beauty pageant are the same who attorneys who provided their most successful tips are billing the hours. landing clients. Although there are many attorneys who are natural Samuel Woodhouse III, managing member, The business developers, it is a skill that can be taught. The Woodhouse Law Firm, led Part I—“Law Firm Partners

18 Georgia Bar Journal Speak Out,” on Jan. 29. Panelists included Bobbi Accord Nolan, Parker, Hudson, Rainer & Dobbs LLP; Michael Coleman, Thompson Hine; and Audra Dial, Kilpatrick Townsend & Stockton LLP. The panelists each discussed the strategies that have proven effective in building their books of business and encouraged attendees to think “outside the box” to successfully land clients. Networking at business receptions is only part of the process. A recurring theme in developing business was following up a lead and being patient and persistent as landing a client may not happen overnight. It may take years before a lawyer will secure (Left to right) Panelists for “Law Firm Partners Speak Out” included Bobbi Accord Nolan, Samuel Woodhouse III, Audra Dial and Michael Coleman. certain clients. Early in one’s law firm career, it was emphasized that learning one’s craft is the priority, but it is never too early to begin nurturing relationships with fellow alumni, college classmates and those with whom you practice who may later move to in-house posi- tions. Attending business events that aren’t targeting lawyers is also a great way of meeting individuals who may need attorneys in the future. Clyde Mize, partner, Morris, Manning & Martin, LLP, vice-chair, Georgia Diversity Program, led Part II—“In-House Counsel Speak Out,” held on March 12. Thomas E. Best, senior counsel, Home Depot; Angela Frazier, litigation counsel, Cox Communications, Inc; Jon- Peter F. Kelly, senior counsel, Delta Airlines; Ashoo Sharma, corporate general counsel, HomeServices of Georgia; and David Ware, Fulton The Business Development in-house panel: (left to right) Thomas E. Best; Ashoo Sharma; Clyde County attorney, served on the Mize, moderator; David Ware; Angela Frazier; and Jon-Peter F. Kelley. panel, sharing their expectations when law firm partners make the and getting referrals from attor- Marian Cover pitch to secure business with cor- neys who they trust. Corporations Dockery is an attorney porations. They also discussed how with multi-million dollar lawsuits with a background in their companies select their outside are naturally gravitating to the employment counsel and measure their success in larger law firms, but companies discrimination and the diversifying their panels. use smaller firms for cases that are executive director of These corporate counsel ex- more manageable. the State Bar of Georgia Diversity pressed their desire to hire tal- The experts gave the attendees an Program. For more information ented, diverse attorneys in addi- abundance of fresh ideas to develop tion to explaining their reliance on business that if implemented will on the Diversity Program, go to attorneys they have practiced with contribute to the success of their law www.gabar.org. in the past prior to going in-house practices in the future.

June 2015 19 GBJ Feature

Pro Bono Incentives for You by Michael Monahan

awyers like you who handle cases on a pro

bono basis aren’t doing the work for the L glamour. We do have ways to show our appreciation for your efforts, though.

Georgia lawyers who provide civil pro bono services through a recognized structured civil program can receive a CLE voucher worth $150 toward any CLE program offered by ICLE in Georgia. To be eligible to receive a CLE voucher, handle three or more civil pro bono cases in a calendar year for a recognized pro bono or legal aid program. We also publish an annual Pro Bono All-Star Honor Roll in the June edition of the Georgia Bar Journal. The Honor Roll lists lawyers who handled one or more civil pro bono cases in the preceding calendar year. The pro bono or legal aid program that refers the cases to you sends us your name for inclusion in the Honor Roll. If your name is not on this year’s Honor Roll, which can be found on page 44 of this issue of the Journal, we hope to see it next year. We look to recognize outstanding volunteer lawyers and organized pro bono efforts through our annual Pro Bono Awards. The State Bar of Georgia Access to Justice Committee and the State Bar of Georgia Pro Bono Project solicit nominations for the State Bar’s Pro Bono Awards in March of each year. volunteer lawyer support website: http://www. The prestigious H. Sol Clark Award honors an indi- georgiaadvocates.org/oppsguide/. You can search for vidual lawyer who has excelled in one or more of a opportunities by program, interest area and location. variety of activities that extend civil legal services I’m always available to answer questions you to the poor. The William B. Spann Jr. Award honors may have about pro bono in Georgia. Contact me at organizational or law firm pro bono achievements. [email protected]. We recognize the pro bono contributions of lawyers Thank you for your service and commitment who use their business skills to help nonprofits that to professionalism. serve the low-income community in Georgia through the A Business Commitment Pro Bono Award. You Michael Monahan is the director of the can learn more about the pro bono awards by visit- Pro Bono Project for the State Bar of ing the State Bar of Georgia website and clicking on Georgia and can be reached at Public Service Opportunities. [email protected]. If you are not currently volunteering, you can find a structured pro bono program by visiting our

20 Georgia Bar Journal Congratulations to the 2015 State Campion Mock Trial Team from Northview High School in Johns Creek! The Northview mock trial team finished as the National Runner-Up out of a field of 46 state champion teams during the 2015 National High School Mock Trial Championship in Raleigh, NC, in May. A special thanks to all of our financial donors for the 2015 season, including the State Bar of Georgia Young Lawyers Division ETHICS A full list of 2015 season donors will be published on our website by DILEMMA? the end of August. Lawyers who would like to discuss an Visit our website, www.georgiamocktrial.org, for more ethics dilemma with a member of the information about the program. Office of the General Counsel staff should contact the Ethics Helpline at 404-527-8741, 800-682-9806 or log in to www.gabar.org and submit your question by email.

June 2015 21

GBJ Fiction

A Window by the River by Kimberly C. Harris

24th Annual Fiction amantha stops by her doctor’s office Writing Competition Tuesday morning in hopes of getting a The Editorial Board of the Georgia Bar Sprescription renewed. The doctor isn’t Journal is proud to present “A Window there. Apparently Samantha has the days mixed up by the River,” by Kimberly C. Harris of LaGrange, as the winner of the Journal’s again. She thinks it’s Tuesday when it is Monday. See, 24th annual Fiction Writing Competition. this is the very thing she wanted to talk to Dr. Marty The purposes of the competition are to enhance interest in the Journal, to about, in addition to renewing the prescription. She encourage excellence in writing by members of the Bar and to provide an has wondered why she has been so forgetful lately; innovative vehicle for the illustration of and of the simplest things. She can recall clearly the the life and work of lawyers. As in years past, this year’s entries reflected a wide vacation she took with her parents when she was 10. range of topics and literary styles. In accordance with the competition’s rules, She just can’t seem to remember whether today is the Editorial Board selected the winning Monday or Tuesday. Of course, she knows what Dr. story through a process of reading each story without knowledge of the author’s Marty will say: “What a laugh! Forgetful? You of all identity and then ranking each entry. The story with the highest cumulative ranking people. Aren’t you still working six days a week?” was selected as the winner. The Editorial It isn’t that Dr. Marty actually knows her all that Board congratulates Harris and all of the well, but she is the primary care physician for many of other entrants for their participation and Samantha’s older clients, and it’s a fairly small town. excellent writing. Instead, Dr. Marty’s PA, Katherine, phones the next day to tell Samantha that the prescription

June 2015 23 is ready and that Dr. Marty has on another side of town and now the size they might like. In the past referred her to a neurologist to see the neurologist is in another town few years, so many of their friends about her “mind problem.” The altogether. She chuckles to herself. have moved to large retirement PA has made an appointment for The same can be said about lawyers communities in one of the warmer her. Samantha is annoyed that the she supposes. states. She and Winnie have vis- PA has referred to her forgetful- Another thing, it seems to take ited them on occasion and joked ness as a “mind problem.” It isn’t her so long these days to get from that the atmosphere was like a a mind problem. It’s just a memory place to place and now she’ll have Disney World for seniors. You can problem. And being an elder law to ferret out where this new doctor participate in some sort of activ- attorney, Samantha is certainly is altogether. Suppose she is late. ity literally 24/7. Oh well, maybe familiar with the issue. Perhaps she Samantha hates being late, though when we get older, she thinks. But has been working a bit too much she can’t imagine why in the case at least for now they are agreed and not getting enough rest. She of doctor visits since you have to that a smaller, quieter place still has interviewed several younger wait forever once you get there. appeals to them both. attorneys about taking over her But, traveling somewhere new like As she turns onto the main practice, but none of them seemed this seems to make Samantha more street through town, she notes a to find the world of Medicare and anxious lately, so she decides to decent-sized grocery store where Social Security particularly inter- drive to Boring to locate the office you could probably get fairly esting. She smiles as she recalls that of the “crazy specialist”—as she fresh vegetables, and perhaps one of the interviewees actually decides to call him—on the eve- good meats. Winnie loves to cook, made the unfortunate comment ning before the day of her appoint- so that is a plus. There is also a that he couldn’t imagine spending ment. That should give her plenty small coffee shop and bakery, his days talking primarily to “old of time to find out where he is, which they would both enjoy. people.” Oh well, whatever. Truth so there will be no danger of her Further down the street she sees be known, Samantha wasn’t quite possibly arriving late and creating a sign that reads “Laundromat,” ready to slow down anyway. She a bad impression right off the bat. though Samantha can’t think loved her practice. And she wasn’t She could get her partner Winnie what that sort of establishment yet comfortable with the thought to go with her, but Winnie volun- is right off. She notices that the of turning it over to a “youngster.” teers at the Red Cross and has a pharmacy is an adequate size, “Ms. Stevens are you still on meeting tonight. Samantha doesn’t and wonders if they stock good the line?” Had she been speaking want her to miss it. And besides, magazines. That reminds her of a with someone Samantha suddenly she can find the place herself. Dr. magazine article she had recently wondered? Marty’s PA gave her directions. read. Odd, she didn’t recall the “Yes, I’m here,” she says. It’s a beautiful evening for a drive; article being on paper. She thinks “Ms. Stevens, I was saying that early fall, the worst of the summer perhaps it had been on some sort this particular neurologist spe- heat is over and the evenings are of device with a tiny television cializes in dealing with elderly cooling off. She’ll still have day- screen, but she must be wrong. patients.” light until around 8 p.m. That seems silly. She forgets the “Well,” says Samantha, “hope- When Samantha turns onto the article and thinks instead that she fully it is with elderly patients who interstate, headed west, she finds must remember to share all of this are off their rocker.” Dr. Marty’s that the sun is just low enough with Winnie. Maybe they would PA laughs. Well, at least someone to shine into her face, but if she drive back here on the weekend laughed. sits up really straight and lifts her to explore further. The PA says that the neurol- chin, she can get her eyes into the Of course, there are also signs ogist’s office is located about 25 shade provided by the visor. She that the town has seen better days miles away in the town of Boring. spots the sign which tells her that in some respects. Right off the town “Great,” says Samantha. “That’s she has 10 miles until the Boring square is a neon sign in a store win- probably what the entire visit will exit. When she reaches the exit and dow that promises Fine Jewelry, be.” The PA doesn’t get it, begs her turns south, she notices the town but the light is missing several pardon. “Never mind, I’ll be there.” limits sign: Boring. Population bulbs. And the store doesn’t appear Things have changed so much over 2,703. Really? Why do they bother to be a jewelry store at all. It and the past few years. She used to be to put the three there? Doesn’t it several stores on either side of it able to visit one doctor there in town just keep changing? appear to be full of old china, fur- for any problem. Now everyone is Samantha thinks about the habit niture and assorted junk. There a specialist and specialists never she and Winnie have always had are a couple of vacant stores along seem to be conveniently located. of checking out small towns just the main street, and one restaurant Your primary care physician is on for fun to see if they could live with a sign in the window announc- one side of town, your dentist is there. This one seems to be about ing that it is closing on Dec. 31,

24 Georgia Bar Journal 2014. Odd, Samantha thinks, that She pulls the scrap of paper on With that thought in mind, they would be announcing a clos- which she has written the doctor’s Samantha continues her walk ing 10 years from now. Maybe it name out of her pocket to check it. away from the medical profes- was a misprint. Should she stop in There are 15 names on the direc- sional building and off the main and mention it? Well, maybe she tory to the right of the door, but street surrounding the square. The should just stop and park anyway, none are the name on Samantha’s doctor’s name that she is after has she decides. It’s probably better to piece of paper. And no wonder, come back to her as such things are search out this doctor’s office on because nothing is written on her apt to do when there is no longer a foot rather than continue driving piece of paper but a number. The crisis. The buildings she walks by around the square. Surely it’s in the number is E 7 ½. It is the shoe size were mostly built in the 20th centu- downtown area. In her momentary of her niece, Emily. It takes her ry. Some of wood, but mostly brick distraction she missed the parallel a while to figure that out, the E and glass. The glass ones are most- parking spot in front of one of the standing for Emily, but scribbled ly two or more stories high, the vacant stores and had to circle the in a hasty way. She faintly recalls brick ones somewhat more modest, square again. This time the first something about buying slippers a story and a half with slanting ceil- vacant space she comes upon is for Emily last Christmas, or was it ings and upstairs rooms, lofts they one she can pull straight into. She the Christmas before last? call them now. Some front doors decides to park there since there She’s not sure what she should open just a few feet from the side- is plenty of room and she’s not the do now. It could be that the doc- walk. When she was a little girl, best at parallel parking anyway. tor she is supposed to see has just people would have had the doors Winnie always teases her about moved into this building and his open and would have been sitting that and insists on doing all the name has not yet been put on the outside enjoying an evening like parking when they travel. directory. She thinks she should this. No one was sitting outside Almost immediately after exit- ask somebody. First, she should now, just empty benches and steps. ing the car, she spots a three-story knock on the off chance that some- No conversations to be overheard glass building a couple of blocks body is in there working late. She about the weather or the Bulldogs away and she is ready to bet that is does this, and it is a good thing in or the Braves or some friend who it. Doctors used to have their offices a way that nobody comes, because had taken ill and was not expected in small homey buildings, but then the doctor’s name that she is after to recover. No speculation to be they began affiliating themselves still has not come to mind. She has overheard about herself, once they with hospitals and other groups another idea. Isn’t it quite possible thought she was out of earshot. of doctors and before you knew it that this person—the crazy special- But had there been people sitting these big, modern, sterile profes- ist—has a smaller office here in outside, she would have conversed sional buildings began appearing town? It would make sense and be with them to put their minds at ease everywhere. Sure enough, the sign cheaper. You probably don’t need that she wasn’t some crazy person on the front of the building reads a lot of medical equipment for wandering the streets. She would “Medical Professional Building.” crazy doctoring. have asked if they knew where the

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June 2015 25 doctor’s office was. This would have very trim and lively looking all the finds that the area is open to the given them a new item of conversa- same—is standing in a driveway drive she is walking on. It appears tion. What does she want a doctor watching him. She is talking to a to be some sort of park, with flag- for? And which doctor? (This of man who could not be her hus- stone paths diagonally crossing the course, after she had moved out of band—both of them are being too freshly mown grass. In between earshot.) But no one is on the street; cordial. Samantha looks ahead and the paths, and bursting from the they must all be in their lofts. There sees that the street is a dead end. grass, there are flowers interspersed are numbers on all the buildings, but No going farther. Interrupting the among slabs of marble. She knows no names, and no sign that there is a woman and man, she excuses her- the name of some of the flowers— doctor in any of the buildings. self. She says that she is looking for the dark gold and light yellow dai- She arrives at the end of the block a doctor. “No, no,” she says. “Don’t sies for instance, yellow and red and just across the street, adjacent be alarmed. It’s not an emergency. iris—but she is no great gardener to her, is a large brick building with You see, I just need his address herself and there are wide displays gables and some sort of clock tower. for an appointment. I thought you of all colors and varieties that she Perhaps the building is a church, might know it.” They inquire as to can’t name. All of them are in such or an old school. The hands have the doctor’s name and then comes perfect rows for quite a distance stopped at 12, for noon or midnight, the problem of realizing that she has in each direction. Everything is so which certainly is not the right time again forgotten the name. They are pretty, even the fountain that shoots in either case. There is a large flower too polite to show any surprise at up seven feet or so before falling garden that seems professionally this and apologize for not being able down into its rock-lined pool. She arranged—some flowers spilling out to help her. She turns to leave and walked in off the drive to get a little of a wheelbarrow and more spilling the boy on the skateboard comes of its cool spray, and there she finds out of a milk pail on its side. There’s flying by, barely missing all three a wrought-iron bench where she a sign near the flower garden that of them. Laughter from the woman can sit down. Samantha can’t read because the sun and man. No reprimand. A perfect A man has come along one of is shining straight onto it. She walks little jerk and they seem to posi- the paths carrying a pair of grass across the lawn to see it at anoth- tively admire him. They all remark clippers. Gardeners are evidently er angle. Higgins Funeral Chapel. on the beauty of the evening, and expected to work late here. Though Now she sees the portico where the Samantha begins her walk back the to tell the truth, he does not look hearse probably parks. Strange. For a way that she has come. Except that like a hired workman. He is tall moment she has the feeling that she she does not go all the way, not and very thin and dressed in black has been there with Winnie. But, that quite as far as the chapel. There is pants and a black shirt with a white can’t be. They don’t know anyone another side street just before the collar. It has not occurred to her from Boring, so she is sure they have chapel. She ignored it before, per- that this property could be any- never attended a funeral here. Well, haps because there is no street sign thing but a town park. never mind. She had better get on there and she had not thought of a “This is really beautiful,” with things. doctor having an office on such a Samantha calls to him in her most She continues down the street street. She turns onto the side street, approving voice. “You keep it up past the chapel and turns onto a more of a gravel drive really. The so well.” side street where there are very sidewalk ends abruptly and there “Thank you,” he says. “You’re large, well-kept homes. They are are no houses. Two men are busy welcome to sit there a while.” each slightly different, yet some- erecting some sort of canopy over She knows by his tone he is how look all the same. Gently col- freshly dug ground. She doesn’t informing her that this is not a ored stone or pale brick; peaked or think she should interrupt them. park. It’s probably private prop- rounded windows. Ah, she thinks, Besides, she still can’t recall the erty, and he himself is probably the one of these might be the doctor’s name of the doctor and she cer- owner. “I’m sorry. I should have office. At least there are people tainly doesn’t want to make a fool of asked your permission.” out and about on this street. They herself. They are probably already “That’s okay.” Preoccupied, he haven’t all managed to shut them- whispering about her. is bending and snipping at some selves up inside. A boy is skate- Looking beyond the two men grass that is encroaching on a slab boarding on the sidewalk, taking and the canopy she sees something of marble nearby. diagonal routes across the pave- interesting ahead. There is a hedge “This is yours, is it? All of it?” ment. Something about his riding that comes right out to the gravel After a few more snips with the is odd, and she cannot figure it out drive. It’s high enough that she does shears, he stops. “Well, yes, in a at first. He seems to be riding back- not expect to be able to see over it, manner of speaking, it’s mine to ward. That’s what it is. but thinks she might be able to peek care for,” he responds. A woman who might be too through. But she doesn’t have to. “I should have known. It’s old to be his mother—but who is When she gets past the hedge she too imaginative to be public; too

26 Georgia Bar Journal unusual.” He doesn’t answer. She is going to ask him whether he likes to sit here himself in the evenings. But she better not bother. He doesn’t seem an easy person to be around. One of those who probably prides themselves on that very fact. After a moment she will just thank him and get up and leave. But instead, after a moment he comes and sits down beside her. He speaks just as if a question has been put to him. “Actually, I feel more comfortable when I’m tend- ing to the grounds,” he says. “If I sit down I have to keep my eyes off everything, or I’ll just see something else that needs doing.” Samantha thought she should let him get back to work, but still she was curious. She asked what was there before he made the garden. “Oh, I didn’t make this garden. It’s been here quite a while. I think many years ago there may have been a mill here. All smaller towns on rivers likely had mills. But in time that went under and the love- ly old building was preserved and it became a church. And eventu- ally the parishioners decided the church needed this garden.” Samantha knows from his accent that he’s not from around here. As if reading her thoughts he says: “I’m not from around she is not sick, only that she has says he will walk with her. “So I here, so I don’t know the precise an appointment tomorrow, and won’t get lost?” history. I had a friend who lived doesn’t want to be running around “No,” he says. “I always like to here though. In fact he used to in the morning looking for the have a walk this time of the eve- tend this garden. When he died place. Then she tells him about ning. Gardening can leave your I came up just to say goodbye. parking her car and being sur- legs cramped.” Then the church asked me to stay. prised that the name of the doctor As they walk Samantha says, My friend had been sick and the she wanted was not listed any- “I’m sure there’s some sensible place had become somewhat of where. “I couldn’t look in a phone explanation about this doctor. Do an eyesore.” book either because you know how you ever think that there used to be “I’m sorry if I seem inquisitive,” the phone books and the phone more sensible explanations about Samantha said. “It’s just that I booths have all disappeared now. things than there are now?” He know I haven’t been here before, Oh, now I’m beginning to sound does not answer. Maybe he’s think- but it feels as if I have, as if some- quite silly.” ing of the friend who died. Instead one were waiting on me to come She suddenly remembers the of being embarrassed now when back,” she says. “Of course, I can’t name of the doctor, but the gar- she has spoken and he has not have been here before, or I’d have dener says it doesn’t ring a bell. answered, she feels a freshness, a seen this spot. I’ve just now been “But I don’t know all of the doctors peace in the conversation. They walking around looking for some- in town,” he added. walk along for quite a while with- thing. I thought I could find it bet- “You’re very fortunate then. out meeting a soul. ter if I parked my car and walked. That means you must be healthy. Soon they are back at the square I’m looking for a doctor’s office, At any rate, I’d better get back to facing the main street with the actually.” She quickly explains that my car.” When she stands up he medical professional building she

June 2015 27 Let CAP Lend a Helping Hand!

What is the Consumer Assistance Program? What doesn’t CAP do? The State Bar’s Consumer Assistance Program (CAP) helps CAP deals with problems that can be solved without resorting people with questions or problems with Georgia lawyers. When to the disciplinary procedures of the State Bar, that is, filing a someone contacts the State Bar with a problem or complaint, a grievance. CAP does not get involved when someone alleges member of the Consumer Assistance Program staff responds to serious unethical conduct. CAP cannot give legal advice, but the inquiry and attempts to identify the problem. Most problems can provide referrals that meet the consumer’s need utilizing can be resolved by providing information or referrals, calling the its extensive lists of government agencies, referral services lawyer, or suggesting various ways of dealing with the dispute. and nonprofit organizations. A grievance form is sent out when serious unethical conduct may be involved. Are CAP calls confidential? Everything CAP deals with is confidential, except: Does CAP assist attorneys as well as consumers? 1. Where the information clearly shows that the lawyer has Yes. CAP helps lawyers by providing courtesy calls, faxes or misappropriated funds, engaged in criminal conduct, or letters when dissatisfied clients contact the program. intends to engage in criminal conduct in the future; Most problems with clients can be prevented by returning calls 2. Where the caller files a grievance and the lawyer promptly, keeping clients informed about the status of their involved wants CAP to share some information with the cases, explaining billing practices, meeting deadlines, and Office of the General Counsel; or managing a caseload efficiently. 3. A court compels the production of the information. The purpose of the confidentiality rule is to encourage open communication and resolve conflicts informally.

Call the State Bar’s Consumer Assistance Program at 404-527-8759 or 800-334-6865 or visit www.gabar.org/cap. first saw just a block away. The about the whereabouts of her keys, ing by the water somewhere. Yes, sight of it makes her feel somewhat as she often does before getting they must drive back this weekend. uneasy, and she’s not sure why. into the car. She is regularly wor- Perhaps there is a nice house for Then, after a moment, she is. She ried about whether she’s locked the sale in this part of town, some- has an absurd notion when she keys inside or dropped them something where they can look out their sees the building that the name where. She can feel the approach of windows and see the river. People she said she could not find has familiar, tiresome panic. But then who live here must love to sit out- been waiting there all along. She she finds them, in her pocket. side. Though nobody is sitting out moves more quickly, finds that she “It’s worth a try,” he says, and there now that she can see. Well of is shaky and then, when she reach- she agrees. “There’s plenty of room course not. Bedtime comes early in es the front doors, reads the 15 to turn off the road and take a these establishments. She likes the useless names, just as before. She look. If there’s a doctor out there lattice work. These sorts of places sees the gardener looking at her regularly there’s no need for him to have been changing in the past few and she pretends to have been hur- have an office here in town.” years. The hard, institutional look rying because she thinks she saw The gardener holds the car door has disappeared. someone inside. But the gardener while she gets in, closes it and waits Once in the driveway Samantha is not really paying attention to her there until she is turned to go in the parks under the brightly colored movement. He says that he has just right direction, then waves good- portico that has a look of welcome, thought of something. bye. When she is on her way out of of cheerful excess. Some people “This doctor,” he says. “I won- the town she catches sight of him would find it too colorful she sup- der if he might be connected with again in the rearview mirror. He has poses, but isn’t it the very thing the assisted living home.” stopped to talk to the two boys who you would want? All those bright They are walking again now. were sitting on the bench in front colors must cheer the spirits of They have arrived at the coffee of the coffee shop. He had ignored the old people, or even, perhaps, shop where a couple of boys are them previously in such a way that of some people not so old but just sitting on a bench out front, playing she is surprised to see him talking to off kilter. She looks for a button to with what looks to be a phone of them now. Maybe they are making push or a bell to ring as she walks some sort. As she and the gardener remarks about her, some joke about up to the door. But that is not nec- pass the boys, Samantha is cer- her vagueness or silliness. Or just essary—the door opens on its own. tain that one of them stretches his about her age. She’s sure she now And once she gets inside there is an legs out deliberately so that they has a mark against her, and with the even greater expression of space, of have to move around him. Young nicest man. She had thought that loftiness, a blue tinge to the glass people are so rude she thinks. The she would come back by the garden mirrors on the walls. The floor is gardener doesn’t appear to have to thank him again and tell him if it shiny tile, the kind she used to love seen any of this. was the right doctor. She could just to slide across as a child, and for a “Assisted living home?” slow down and laugh and call out moment she thinks of the residents Samantha asks. the window. But now she thinks sliding and slipping for pleasure “Yes. You wouldn’t have noticed that she will just stay out of his way. and the idea makes her lightheart- if you came in from the interstate,” Forget him. ed. Of course, it cannot be as slip- the gardener says, as they continue She sees the shopping plaza pery as it looks, you wouldn’t want toward her car. “But, if you keep coming up. She has to pay atten- people breaking their necks. going out past the church and the tion to where she is going. Then “I wouldn’t dare try it myself,” garden towards the river you will there it is, just as he has said. A sign she says in a charming voice to pass it. Not more than half a mile across the street read “Riverside somebody in her head, perhaps out. You go past the shopping plaza Assisted Living & Memory Care.” Winnie. “It wouldn’t do, would it? on the south side of the road and it’s And there really is, from here, a I could find myself in front of the just a little farther on, on the other view of the river, a thread of dark doctor, the very one who is getting side. I don’t know if they have a blue and green water along the ready to test my mental stability. live-in doctor there or not, but it horizon. A spacious parking lot. And then what would he have to stands to reason they might have.” Two long wings off the main build- say?” At the moment though there “Yes, they might have,” ing with what looks like separate is no doctor to be seen. Well, there Samantha says. “It stands to rea- apartments or good-sized rooms wouldn’t be, would there? Doctors son.” Then she hopes he doesn’t at least, with their own little gar- don’t sit behind desks here waiting think she is mocking him. She dens or places to sit. A latticed for patients to show up. And she doesn’t want to offend him. She fence quite high in front of every isn’t even here for an appointment. wants to go on talking to him lon- one of them for privacy or safety. She will have to explain again that ger. But, now comes another of What a nice place she thinks. She she is just making sure of the time her problems—she has to think and Winnie talk so often of liv- and place of an appointment for

June 2015 29 tomorrow. Suddenly all this has She tries the doors again in now whose name is Hannah. It made her feel rather tired. the same order, and this time she says so on the name badge she is There is a rounded desk, waist shakes both knobs as hard as she wearing, and besides, Samantha high, whose panels of dark wood can and also calls out “Hello?” in realizes she knows her anyway. look like mahogany, though they a voice that sounds at first trivial “I’ve been looking everywhere probably are not. Nobody is behind and silly, then aggrieved, but not for you Ms. Stevens,” says Hannah. it at the moment. It is after hours of more hopeful. She squeezes herself “I came by to check on you. I course. She looks for a bell on the in behind the desk and bangs on expected to see you in your chair desk, but does not see one. Then that door with practically no hope. by the window reading. But the she looks to see if there is a list of It doesn’t even have a knob, just door to your room was open and I doctors’ names or the name of the a keyhole. There is nothing to do couldn’t find you anywhere. Why doctor in charge. She doesn’t see but get out of this place and go are you out here in the lobby? Did that either. You would think there home. This is all very cheerful and you fall asleep and have a dream? would be a way of getting hold elegant, she thinks, but there is no You must have had a dream. What of somebody, no matter what the pretense of accommodating a pub- were you dreaming about?” hour. Somebody must be on call in a lic visitor here. “Nothing in particular,” says place like this. There is no important Of course, they shove the resi- Samantha, more calmly now, as clutter behind the desk either. No dents or patients or whatever they Hannah guides her back through computer or telephone or papers. call them into bed early. It’s the one of the doors with the wavy Of course, she has not been able same old story everywhere, how- glass. “It was just back when to get right behind the desk, so ever glamorous the surroundings. Winnie was alive and when I was there may well be some compart- Still thinking about this, she goes still driving my car.” ments she can’t see. There are back to the door from which she “That sounds like a nice dream. surely buttons a receptionist could is sure she entered, and gives it What kind of car did you have?” reach that a visitor of course can’t. a push. It is too heavy. She push- Hannah asks. She gives up on the desk for the es again and again. Still, it does “It was a red Volvo wagon,” moment and takes a closer look at not budge. Samantha replies, “older, but com- the space she has found herself in. She can see the pots of flowers fortable and familiar.” It was hexagon shaped, with doors outside in the open air. She sees a “See there,” says Hannah, as they at intervals. There are four doors car going by on the road. She sees continue down the hall arm in arm, in all—one is the large door that the last mild evening’s light fading. “You’re still sharp as a tack.” lets in the light and any visitors, She has to stop and think. There another is an official and private- are no artificial lights on in here. Kimberly C. Harris is looking door behind the desk and The place will get dark. Already, in the principal in the the other two doors (exactly alike spite of the lingering light outside, Law Offices of and facing each other), would obvi- it seems to be getting dark. She real- Kimberly C. Harris, LLC. ously take you into the long wings, izes no one is going to come. They She has practiced for to the corridors and rooms where have all completed their duties, 26 years in the areas the inmates are housed. or at least the duties that brought of elder law, special needs Each of these doors has an them through this part of the build- upper window, and the window ing. Wherever they have settled planning and asset protection glass looks clear enough to see down now is where they will stay. planning. Harris earned her MBA through. Samantha goes up to one She opens her mouth to yell, but it from Georgia State University in of these possibly accessible doors seems that no yell is forthcoming. 1976 and her law degree from and knocks, then tries the knob. It She begins shaking and no matter Emory University in 1989. She is a won’t turn. It’s obviously locked. how she tries she cannot get her member of the National Academy She cannot see through the win- breath down into her lungs. It is of Elder Law Attorneys, dow properly, either. Close up the as if she has a blotter in her throat. ElderCounsel and the Academy of glass is all wavy and distorted. In Now she is suffocating. Special Needs Planners. Harris is the door directly opposite there is She knows that she has to behave an active member of the Georgia the same problem with the glass differently before someone comes Chapter of the American and the same problem with the along and notices. More than that, Alzheimer’s Association for whom knob. The click of her shoes on the she has to believe differently. Be floor, the trick of the glass, the use- calm. Be calm. Breathe. Breathe. she conducts programs for family lessness of the knobs have made She doesn’t know if the panic has and professional caregivers her feel more discouraged than she taken a long time or a short time. throughout mid and South would care to admit. She decides to Her heart is pounding, but she is Georgia. Her offices are in not give up, however. nearly safe. There is a woman here LaGrange, Newnan and Columbus.

30 Georgia Bar Journal How does your firm face risk?

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Kudos (GaBioEd). GaBioEd is a charitable nonprofit orga- > nization committed to science, technology, engineer- ing, arts and math education with a focus in bio- technology and medtech in Georgia through school programs, workforce training and lifelong learning. Graham was also selected as a member of the 2015 Class of Fellows to participate in a landmark pro- Hollingsworth Hempel Brock Burman gram created by the Leadership Council on Legal Nelson Mullins Riley & Scarborough LLP Diversity to identify, train and advance the next announced that managing partner Michael generation of leaders in the legal profession. Hollingsworth was elected to the board of directors of The Empty Stocking Fund. The organiza- > Tiffany Jones Ellenberg, of Tiffany tion provides parents and guardians of children Jones Ellenberg Attorney at Law, PC, living in poverty an opportunity to give their in Madison, was sworn in by Gov. Deal children gifts at Christmas. The organization pro- to serve on the Governor’s Indigent vides 50,000-plus children more than 200,000 gifts Advisory Panel. She joins fellow attor- each year. neys Roy R. Kelly III, of Monticello, Partner Holly Hempel received the firm’s Sara and Frank H. Childs Jr. of Macon, who also serve Turnipseed “Women on the Go” Award. The on the committee for the Ocmulgee Judicial award was established to recognize contributions Circuit. The committee provides advice, expertise by attorneys and policy advisors within the firm and advocacy on behalf of systemic reform who actively promote the success of women in the designed to satisfy Georgia’s constitutional obliga- legal profession. tion to provide adequate counsel for indigent per- Partner Glenn Brock received the firm’s Sheryl sons accused of a crime. Ortmann Diversity Award, given annually to a firm attorney who has significantly promoted diversity. > Baker, Donelson, Associate Brad Burman received the 2014 Bearman, Renaissance Associate Award. The award is pre- Caldwell & sented to the associate who best demonstrates Berkowitz, PC, overall achievement in client service, training/men- announced that

toring, marketing, recruiting, firm involvement/ Klein Finley Ransom managing part- commitment, pro bono work and productivity. ner Linda Klein was selected as the American Bar Association’s > Kilpatrick Townsend & president-elect nominee for 2015-16. The American Stockton announced that Bar Association works to improve the administra- partner Yendelela Neely tion of justice, promotes programs that assist law- Anderson was appointed by yers and judges in their work, accredits law schools, Atlanta Mayor Kasim Reed provides continuing legal education and works to to a two-year term on build public understanding around the world of the Anderson Graham the Local Workforce importance of the rule of law. Investment Board for the Atlanta Workforce Shareholder Linda Finley was elected to a three- Development Agency (AWDA). The AWDA pro- year term as a member of the board of directors. vides human capital solutions through creative fund- Finley concentrates her practice in business litiga- ing strategies and partnerships that keep Atlanta tion involving the mortgage lending and servicing globally and economically strong. Anderson was industries and litigation regarding real estate issues. also awarded the 2015 Anti-Defamation League Shareholder Damany F. Ransom was selected (ADL) Young Lawyer Award during the 18th annual for the 2015 Fellows Program of the Leadership Jurisprudence Luncheon. The Award is presented to Council on Legal Diversity, a national organiza- an attorney, age 36 or younger, practicing in metro- tion made up of the legal profession’s top general Atlanta, who has gone above and beyond his or her counsels and managing partners. legal practice in furtherance of ADL’s mission: “to stop the defamation of the Jewish people and to > Jeffrey Bashuk, Bashuk & Glickman LLP, received secure justice and fair treatment to all.” the Special Recognition to a Volunteer Award Partner Jamie Graham was named chair of the from the DeKalb Volunteer Lawyers Foundation. board of advisors of the Georgia BioEd Institute This award is given to those volunteers who have

32 Georgia Bar Journal Bench & Bar

been panel members for fewer than 10 years, yet On the Move have demonstrated an outstanding commitment to In Atlanta achieving the goals of the Foundation. The award > Hoffman & Associates announced the is also in recognition of his dedication and service addition of Kim Hoipkemier as a partin pro bono legal representation as a guardian ad ner. Hoipkemier specializes in the litem since 1987. areas of wills, trusts, estate administration and probate. The firm is located at > Robins Kaplan LLP announced that 6100 Lake Forrest Drive, Suite 300, partner William H. Stanhope was Atlanta, GA 30328; 404-255-7400; Fax 404-255- appointed president of the Atlanta 7480; hoffmanestatelaw.com. Legal Aid Society Board of Directors. The Atlanta Legal Aid Society repre- > sents Atlanta’s underprivileged citizens in civil legal cases. The organization provides advocacy that changes laws and empowers clients in Georgia’s Fulton, Clayton, DeKalb, Gwinnett and Cobb counties. Turner Barbaree Moeller Zeldin > Hunton & Williams LLP announced Littler Mendelson announced the addition of Daniel that partner David R. Yates received an E. Turner, Tracey T. Barbaree, Beth A. Moeller and International Law Office Client Choice Lauren H. Zeldin as shareholders. Turner has sig- Award for excellent client service in the nificant experience handling complex litigation mergers and acquisitions category. including discrimination and harassment claims, Established in 2005, the Client Choice wage and hour disputes, retaliation lawsuits and Awards recognize law firms and partners around restrictive covenant cases. Barbaree’s practice focus- the world who focus on the ability to add real value es on defending employers in class and collective to clients’ business above and beyond other players actions across the country, as well as litigating single in the market. and multi-plaintiff cases under federal and state civil rights, employment discrimination, and wage and > Richardson Bloom & Lines LLC hour laws. Moeller represents employers in all announced that managing member aspects of employment, wage and hour, and civil Melody Z. Richardson was the recipi- rights matters before administrative agencies and in ent of the Atlanta Bar Association’s federal and state court litigation. Zeldin has exten- 2015 Professionalism Award. The sive experience in employment discrimination and award is presented to an attorney who wage and hour litigation. The firm is located at 3344 has made an outstanding contribution to a program Peachtree Road NE, Suite 1500, Atlanta, GA 30326; or activity that advances or promotes excellence, 404-233-0330; Fax 404-233-2361; www.littler.com. professionalism and public responsibility within the legal profession. > Adam M. Gleklen announced the opening of his law firm, The Gleklen Law > Butler Wooten Cheeley & Peak LLP Firm. Gleklen continues his domestic announced that managing partner Joel litigation practice in all metro-Atlanta O. Wooten was reappointed by Gov. counties involving divorce, custody Nathan Deal to the Georgia Ports and modification proceedings. The firm Authority Board. Georgia Ports is located at 6400 Powers Ferry Road, Suite 220, Authority is dedicated to providing Atlanta, GA 30339; 678-236-0444; Fax 678-236-0445; customers with the most efficient, productive port www.gleklenlaw.com. facilities in the nation and to creating jobs and business opportunities to benefit more than 9.7 > Berman Fink Van Horn P.C. million Georgians. announced the promotion of Lea Dearing and Kiyoaki “Kiyo” Kojima to principal. Dearing specializes in labor

Dearing Kojima and employment, privacy, general commercial litiga-

June 2015 33 Bench & Bar

tion, products liability, construction disputes and > Stites & Harbison, PLLC, announced e-discovery management. Kojima specializes in cor- the elevation of partner Lou Allen as porate formation and governance, mergers and office executive member. Allen leads acquisitions, secured transactions, commercial real the creditors’ rights and bankruptcy estate, leasing and licensing, and distribution and service group, assisting the firm’s chair franchise agreements. The firm is located at 3475 in executing strategic plan and policies. Piedmont Road, Suite 1100, Atlanta, GA 30305; 404- The firm is located at 303 Peachtree St. NE, 2800 261-7711; Fax 404-233-1943; www.bfvlaw.com. SunTrust Plaza, Atlanta, GA 30308; 404-739-8800; Fax 404-739-8870; www.stites.com. > Taylor English Duma LLP announced the addition of > Polsinelli announced the Daniel B. Brown as a part- addition of Ross Burris and ner and Sarah K. Browning Jonathan Kendall as share- as an associate. Brown is an holders. Burris represents experienced corporate and regional and national health Brown Browning health care lawyer repre- care providers, including Burris Kendall senting a wide range of health industry clients in hospitals, health care sys- regulatory, corporate, franchising and financing tems, skilled nursing facilities and ancillary provid- matters. Browning represents physician groups, ers. Kendall represents a wide variety of health care ambulatory centers, independent diagnostic testing entities, including but not limited to, for-profit hos- facilities, medical device suppliers and other health pital systems, reorganized 501(c)(3) hospital sys- care entities on corporate and transactional issues. tems, health care joint ventures, multi-specialty The firm is located at 1600 Parkwood Circle, Suite ambulatory surgery centers, compound pharmacies, 400, Atlanta, GA 30339; 770-434-6868; Fax 770-434- skilled nursing facilities and assisted living facilities 7376; www.taylorenglish.com. in regulatory and transactional matters. The firm is located at 1355 Peachtree St. NE, Suite 500, Atlanta, > Greenberg Traurig, LLP, GA 30309; 404-253-6000; www.polsinelli.com. announced the promotion of Sean A. Gordon and > Simmons Law announced the relocation of its office Stephanie L. Oginsky to of from Marietta Square to midtown Atlanta. The counsel. Gordon focuses his firm specializes in business, criminal defense and practice on bankruptcy, entertainment law. The firm is located at 400 Colony Gordon Oginsky commercial loan workouts, Square, 1201 Peachtree St. NE, Suite 1100, Atlanta creditors’ rights and general commercial litigation. GA, 3036; 404-461-8422; www.slfirmllc.com. Oginsky focuses her practice on complex commercial litigation and business disputes, including class > Levine Smith Snider & Wilson, LLC, action, white collar crime, construction litigation, announced the addition of David A. products liability and cybersecurity. The firm is Garfinkel as of counsel. Garfinkel brings located at 3333 Piedmont Road NE, Suite 2500, more than 30 years of family law experi- Atlanta, GA 30305; 678-553-2100; Fax 678-553-2212; ence to the firm and specializes in com- www.gtlaw.com. plex divorces, high-asset property division, alimony, and child-custody and support issues. > Lewis Brisbois Bisgaard & The firm is located at One Securities Centre, 3490 Smith LLP announced the Piedmont Road NE, Suite 1150, Atlanta, GA 30305; addition of L’Erin Barnes as 404-237-5700; Fax 404-237-5757; www.lsswlaw.com. a partner and Yasmin Mohammad as an associ- > Butler Wooten Cheeley & Peak LLP Barnes Mohammad ate. Barnes represents announced the addition of Rob Snyder municipalities, governmen- as an associate. Snyder’s practice areas tal agencies, boards and authorities. Mohammad’s include business torts, products liabili- practice focuses on employment law and general ty and personal injury. The firm is civil litigation. The firm is located at 1180 Peachtree located at 2719 Buford Highway, St. NE, Suite 2900, Atlanta, GA 30309-3521; 404-348- Atlanta, GA 30324; 404-321-1700; Fax 404-321-1713; 8585; Fax 404-467-8845; lewisbrisbois.com. www.butlerwooten.com.

34 Georgia Bar Journal Bench & Bar

> Schiff Hardin LLP announced the ele- > Rogers & Hardin announced the addi- vation of Ronald B. Gaither to partner. tion of Joshua P. Gunnemann as a part- Gaither handles matters in all aspects of ner. Gunnemann represents businesses general litigation ranging from complex and individuals involved in complex commercial disputes to sophisticated business disputes, difficult litigation construction matters as well as prod- and governmental investigations. The ucts liability claims. The firm is located at One firm is located at 2700 International Tower, 229 Atlantic Center, 1201 W. Peachtree St. NW, Suite Peachtree St. NE, Atlanta, GA 30303; 404-522-4700; 2300, Atlanta, GA 30309; 404-437-7000; Fax 404-437- Fax 404-525-2224; www.rh-law.com. 7100; www.schiffhardin.com. > Pachman Richardson, LLC, announced that it > Barnes & Thornburg LLP announced changed its name to Richardson Bloom & Lines LLC. the addition of Shawn Rafferty as a The attorneys continue to practice exclusively in fami- partner. Rafferty joins the firm’s corpo- ly law, including divorce, prenuptial agreements, cus- rate department with a focus on avia- tody, modification and contempt. The firm is located tion law, aircraft finance and leasing, at 75 14th St. NE, Suite 2840, Atlanta, GA 30309; 404- equipment finance and leasing, and 888-3730; Fax 404-888-3731; www.rblfamilylaw.com. related restructuring and dispute resolution. The firm is located at 3475 Piedmont Road NE, Suite > FordHarrison LLP an- 1700, Atlanta, GA 30305; 404-846-1693; Fax 404-264- nounced the addition of 4033; www.btlaw.com. Katherine Suita O’Shea as an associate and Wendy L. > Kessler & Solomiany, LLC, announced Gomez as director of attor- the addition of Wayne Morrison as of ney talent. O’Shea’s respon- O'Shea Gomez counsel. Morrison is experienced in sibilities include drafting handling complex divorce cases, child motions for summary judgment, legislation, county custody matters, support and alimony ordinances and conducting legal research. Gomez is claims, modification and contempt directly responsible for the recruitment and profes- actions, prenuptial agreements and all other sional development of associates and other non-part- domestic relations issues. The firm is located at ner attorneys throughout the firm. She also serves as Centennial Tower, 101 Marietta St., Suite 3500, the administrative member of the firm’s lateral part- Atlanta, GA 30303; 404-688-8810; Fax 404-681- ner recruitment committee. The firm is located at 271 2205; www.ksfamilylaw.com. 17th St. NW, Suite 1900, Atlanta, GA 30363; 404-888- 3800; Fax 404-888-3863; www.fordharrison.com. > Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, announced the addi- > Sutherland Asbill & Brennan LLP tion of Ron C. Bingham II as a share- announced the addition of D. Clayton holder to its financial institutions advo- “Clay” Howell as partner. Howell repre- cacy group. Bingham advises clients sents sponsors, equity and institutional regarding commercial workouts, receiv- investors in the investment in real estate erships, bankruptcy and commercial litigation mat- assets, programmatic joint ventures and ters in state and federal courts. The Atlanta office is platforms, as well as developers in complex urban located at 3414 Peachtree Road NE, Suite 1600, development transactions. The firm is located at 999 Atlanta, GA 30326; 404-577-6000; Fax 404-221-6501; Peachtree St. NE, Suite 2300, Atlanta, GA 30309; 404- www.bakerdonelson.com. 853-8000; Fax 404-853-8806; www.sutherland.com.

> Nelson Mullins Riley & Scarborough > Butler Tobin LLC announced the addi- LLP announced the addition of Scott N. tion of Mike Rafi as of counsel. Rafi Sherman as partner. Sherman specializes has experience in negligent security as in complex business and securities litiga- well as personal injury cases. The firm tion. The firm is located at 201 17th St. is located at 1932 North Druid Hills NW, Suite 1700, Atlanta, GA 30363; 404- Road, Suite 250, Atlanta, GA 30319; 404- 322-6000; Fax 404-322-6050; www.nelsonmullins.com. 587-8423; Fax 404-581-5877; www.butlertobin.com.

June 2015 35 Bench & Bar

> Bovis, Kyle, Burch & Medlin, LLC, In Dallas announced the addition of Kim M. > Michael L. Mason announced the open- Jackson as partner. Jackson specializes in ing of Mason Law Group LLC. Mason defending attorneys and other profes- specializes in wills, trusts, probate, sionals in malpractice claims, handling estate litigation and business law. The coverage and bad faith disputes and firm is located at 201 W. Memorial defending catastrophic injury cases, typically focus- Drive, Dallas, GA 30132; 678-674-6050; ing on premises liability. The firm is located at 200 www.masonlawgroupga.com. Ashford Center North, Suite 500, Atlanta, GA 30338; 770-391-9100; Fax 770-668-0878; www.boviskyle.com. In Decatur > Neal & Wright LLC announced the > Drew Eckl & Farnham addition of Jodi L. Greenberg as an announced the additions of associate. Greenberg handles primarily Eric R. Mull and Matthew adoption, probate and estate matters for A. Nanninga as partners. the firm. The firm also announced that it Mull practices insurance relocated to Decatur and continues to defense litigation with a specialize in the areas of adoption, estate planning, Mull Nanninga focus in the areas of con- commercial real estate, trademarks, corporate and struction defect, professional malpractice and first LLC formation, and other business transactional party property insurance matters. Nanninga focus- matters. The firm is located at 125 E. Trinity Place, es his practice on general liability defense and Suite 300, Decatur, GA 30030; 678-399-3076; Fax 678- workers’ compensation matters. The firm is located 302-9628; www.nealandwright.com. at 880 W. Peachtree St., Atlanta, GA 30309; 404-885- 1400; Fax 404-876-0992; www.deflaw.com. In Lawrenceville > Robert W. Hughes Jr. announced the In Carrollton relocation of his law practice, Robert W. > Swindle Law Group announced the addition of Hughes & Associates, P.C., from Stone Dane M. Garland as an associate. Garland focuses Mountain to Lawrenceville. The firm on criminal and domestic law. The firm is located at specializes in probate and trust litigation, 310 Tanner St., Carrollton, GA 30117; 770-836-8332; estate planning, civil litigation and cor- Fax 770-836-8388; www.swindlelaw.com. porate planning. The firm is located at 390 W. Crogan St., Suite 230, Lawrenceville, GA 30046; 770-469-8887; In Columbus Fax 678-680-6095 www.hughespclaw.com. > The Law Offices of Mark Jones announced the addition of Bentley C. Adams IV as an associate. In Loganville Adams specializes in representation in criminal and > Oberman Law Firm announced the family law issues, with experience in pre-trial litiga- addition of Emily J. Anderson as an tion, discovery and criminal appellate practice. The associate. She practices in the areas of firm is located at 233 13th St., Suite 600, Columbus, health care and employment law. The GA 31902; 706-225-2555; Fax 706-225-2555; www. firm is located at 147 Lee Byrd Road, lawyermarkjones.com. Loganville, GA 30052; 770-554-1400; Fax 770-554-3534; www.obermanlaw.com. > Hatcher, Stubbs, Land, Hollis & Rothschild, LLP, announced the addi- In Peachtree Corners tion of Elizabeth F. Wise as an associ- > Rubin Lublin, LLC, announced the ate. Wise specializes in employment addition of Amy Bray as senior coun- law and litigation, corporate and munic- sel. Bray specializes in drafting and ipal litigation, and general civil litiga- interpreting the governing documents tion. The firm is located at 233 12th St., Suite 500, for homeowners associations, condo- Columbus, GA 31901; 706-324-0201; Fax 706-322- minium associations and commercial 7747; www.hatcherstubbs.com. associations. The firm is located at 3740 Davinci Court, Suite 150, Peachtree Corners, GA 30092; 770- 246-3300; Fax 404-601-5846; www.rubinlublin.com.

36 Georgia Bar Journal Bench & Bar

In Savannah In Tifton > Weiner, Shearouse, Weitz, Greenberg > Reinhardt, Whitley, Summerlin & Pittman, P.C., & Shawe, LLP, announced the addition announced the addition of Hon. Larry B. Mims, of Stuart Halpern as an associate. The former Tift County State Court judge, as an associ- firm is located at 14 E. State St., ate. Mims specializes in education law, alternative Savannah, GA 31401; 912-233-2251; Fax dispute resolution, civil litigation, commercial litiga- 912-235-5464; www.wswgs.com. tion, personal injury and insurance defense. The firm is located at 1001 N. Central Ave., Tifton, GA 31793; In Suwanee 229-382-6135; Fax 229-386-5949. > ARRIS Group Inc. announced the appointment of Patrick Macken as In Washington, D.C. senior vice president and general coun- > Sarah Moore Johnson announced the sel. Macken, formerly with Troutman launch of Birchstone Moore LLC. The Sanders LLP, oversees all aspects of the firm specializes in estate planning and company’s global legal functions. ARRIS administration. Johnson has more than Group Inc. is a telecommunications equipment man- 12 years of experience in sophisticated ufacturing company that provides cable operators estate planning for high net worth cli- with high-speed data, video and telephony systems ents. The firm is located at 5335 Wisconsin Ave. for homes and businesses. The office is located at NW, Suite 640, Washington, DC 20015; 202-686- 3871 Lakefield Drive, Suwanee, GA 30024; 678-473- 4842; www.birchstonemoore.com. 2907; Fax 678-473-8470; www.arrisi.com.

How to Place an Announcement in the Bench & Bar column If you are a member of the State Bar of Georgia and you have moved, been promoted, hired an associate, taken on a partner or WANT TO received a promotion or award, we would like to hear from you. Talks, speeches (unless they are of national stature), CLE presentations SEE YOUR and political announcements are not accepted. In addition, the Georgia Bar Journal will not print notices of honors determined by other publications (e.g., Super Lawyers, NAME IN Best Lawyers, Chambers USA, Who’s Who, etc.). Notices are printed at no cost, must be submitted in writing and are subject to editing. Items are printed as space is available. PRINT? News releases regarding lawyers who are not members in good standing of the State Bar of Georgia will not be printed. For more information, please contact Lauren Foster, 404-527-8736 or [email protected].

June 2015 37 Office of the General Counsel

What Have I Done to Deserve This? by Paula Frederick

“ om—have you been trolling the

internet for websites where you can M say nice things about me and my law firm?” you ask.

“What gave me away, dear?” your mother asks. “I am looking at a client review on AllLawyersRated.com from someone who just happens to have your maiden name,” you respond. “That can’t be a coincidence. Ma, you’ve gotta stop doing this!” “I’m proud of you and I want everyone to know what a good lawyer you are!” your mother protests. “Besides, you need the business!” “But Mom—you gave me an A+ for expertise in litigation, and I don’t litigate!” “Well dear, I’m sure you’d be great at it if you tried,” your mother responds. Does a lawyer who is the recipient of a well-intended but inaccurate review on a lawyer rating site have any obligations under the Rules of Professional Conduct? The answer hinges on whether information on the site constitutes lawyer advertising. If so, the information must comply with the first rule of lawyer advertising—that it be “true and not misleading.” Reviews or endorsements that give you credit for expertise that you don’t actually have can be misleading to concerning the lawyer or the lawyer’s services” com- potential clients. ply with the rules. So even if you haven’t actually In addition, Georgia’s Rule 7.1(c) makes a lawyer solicited the endorsement or approved its content, responsible for ensuring that “all communications you are “responsible” for it.

38 Georgia Bar Journal Of course, you can’t be respon- cussion, they found that lawyers “He who is his own lawyer sible for misleading content if you have an affirmative duty to peri- has a fool for a client.” don’t know about it. Even the odically review their LinkedIn strictest lawyer discipline authority profiles and to ask that inaccurate cannot hold a lawyer responsible endorsements be removed. Warren R. Hinds, P.C. for information on a site where the Rest easy, Georgia lawyers. “An Attorney’s Attorney” lawyer does not maintain a pres- Matters like this usually come to ence or have control over content. the attention of the Office of the t Bar Complaints That said, when a lawyer becomes General Counsel informally and t Malpractice Defense aware of inaccurate endorsements not as a written grievance. We typi- t Ethics Consultation on a site where the lawyer does cally handle them with a simple maintain a presence, she should request of the lawyer to review the take corrective action. That might content for accuracy and to correct include asking the “endorser” to any misstatements. Most lawyers revise their statement, or even ask- comply, and we are able to resolve ing the web host to remove the the situation. information from the site. The New York County Lawyers Paula Frederick is the Association Professional Ethics general counsel for the Committee recently issued a State Bar of Georgia Formal Opinion that tackles sev- and can be reached at eral issues related to attorney pro- [email protected]. files on LinkedIn.1 They found that a profile with anything more Endnote 1303 Macy Drive than basic biographical informa- 1. New York County Lawyers tion is in fact attorney advertising, Roswell, Georgia 30076 Association Professional Ethics (770) 993-1414 with all the attendant require- Committee Formal Opinion 748 Call ments. For purposes of our dis- issued March 10, 2015. www.warrenhindslaw.com

Hardest Working Site on the Web. www.gabar.org

June 2015 39 Lawyer Discipline

Attorney Discipline Summaries (March 19, 2015 through April 24, 2015)

by Connie P. Henry

Disbarments/Voluntary Surrenders court entered an order relieving her of representing Tracey Dawn Gibson the client. Atlanta, Ga. In aggravation of discipline, the Investigative Admitted to Bar 1998 Panel noted Gibson’s prior discipline and found that On April 20, 2015, the Supreme Court of Georgia Gibson’s responses regarding her failure to timely and disbarred attorney Tracey Dawn Gibson (State Bar adequately respond lacked credibility and that there No. 297339). The Court entered an order of interim were four separate disciplinary matters. suspension on Oct. 7, 2013, for Gibson’s failure to respond to a Notice of Investigation in State Suspensions Disciplinary Board Docket No. 6622. That suspen- Wilson R. Smith sion was lifted on Jan. 2, 2014, after she filed an Vidalia, Ga. adequate response. Gibson was suspended again Admitted to Bar 1976 on Feb. 3, 2014, for failing to respond to a Notice of On April 20, 2015, the Supreme Court of Georgia Investigation in a grievance unrelated to the four mat- accepted the Petition for Indefinite Suspension Pending ters listed below. Gibson was also under suspension the Outcome of Criminal Charges filed by attorney for failure to pay State Bar dues. The following facts Wilson R. Smith (State Bar No. 665025). Smith was are deemed admitted by default: arrested in Toombs County for theft by conversion and Docket 6622—Gibson had an overdraft in her IOLTA first and third degree forgery based on allegations clients account in December 2013. She said the overdraft was made in a civil case they filed against him. The district caused while she was on maternity leave; however, attorney for the Middle Judicial Circuit will proceed by she failed to provide all the relevant trust account indictment or accusation in that case, as well as in two records and the records she did provide revealed pay- other cases of alleged theft, one in Toombs County and ments of personal expenses and that she did not cor- one in Emanuel County. Smith is currently incarcerated. rect the overdraft. Docket 6623—Although Gibson was suspended on Interim Suspensions Feb. 3, 2014, she represented a client on Feb. 11, and Under State Bar Disciplinary Rule 4-204.3(d), a law- failed to disclose to the court that she was suspended. yer who receives a Notice of Investigation and fails to Docket 6624—A client paid Gibson $1,457 to file a file an adequate response with the Investigative Panel divorce action. Gibson did no work on the case, failed may be suspended from the practice of law until an to respond to the client’s emails and telephone calls, adequate response is filed. Since March 19, 2015, two and failed to respond to the client’s letter discharging lawyers have been suspended for violating this Rule her and requesting a return of the fee. and one has been reinstated. Docket 6625—In 2012, Gibson agreed to represent a client in a criminal matter in exchange for the client Connie P. Henry is the clerk of the State performing work for Gibson. After filing a notice of Disciplinary Board and can be reached at appearance and representing the client at an arraign- [email protected]. ment hearing, Gibson failed to respond to the client’s inquiries about the status of the case and failed to attend a court hearing in 2014, at which time the trial

40 Georgia Bar Journal Private Health Insurance Exchange

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Products sold and serviced by the State Bar of Georgia’s recommended broker, Member Benefits. The State Bar of Georgia is not a licensed insurance entity and does not sell insurance. Law Practice Management

Power Up: 2015 Solo and Small Firm Institute and Technology Showcase A Little Something for Everyone

by Natalie R. Kelly

he “solo and small firm” label can mean

a lot more than it suggests. For lawyers in Tlarge law firms divided into practice groups or divisions; for lawyer committee members in what may be deemed by most a mid-sized firm; for in-house lawyers in legal departments of larger organizations; for the two- or four-lawyer outfit down on Main Street; or for a true sole practitioner working alone from her home or virtual office, being a “solo or small firm”–like lawyer may often create situations where solutions needed lie in practice management, technology or even substantive law resources from the solo or small firm setting. By the numbers, here’s what you can expect at Power Up: These answers may be found at CLE and showcase  Two days of learning and networking with other showcase attendees on July 17-18 at the Bar Center programs designed specifically for “solos and small in Atlanta. The event will not be broadcast to the Savannah and Tifton office locations, but if you firms.” Such a program is this year’s Solo and Small attend from out of town, you can take advantage of discounted rates at hotels in close proximity to Firm Conference—Power Up: 2015 Solo and Small Firm the Bar Center. See the latest discounts available at Member Benefits/Discounts on the Bar’s website Institute and Technology Showcase. under the Attorney Resources drop-down menu.

42 Georgia Bar Journal Social activities are also planned so you can truly take advantage of getting to know all the new legal You Try Cases – professionals you are sure to meet.  12 hours of CLE will be offered to attendees based We Appeal Them on which sessions are selected. With a low rate for registration, this will hopefully be one of the better State and Federal Criminal Appellate and CLE deals you can find. Credit for ethics and profes- Post-Conviction Representation sionalism are built into the program, too! Getting the entire year completed is a great reason to sign Over thirty years combined experience in up as soon as you can. Go to the conference website, Successful State and Federal: http://bit.ly/1yDNTLk, or www.iclega.org, to reg- 5W\QWV[NWZ6M_

June 2015 43 ATLANTA VOLUNTEER Glenda Cucher LAWYERS FOUNDATION Robert Curylo Julie Adkins Heather Daly We Salute Crismeily Alburquerque Walt Davis Ichechi Alikor Rebecca Davis* Neil Anderson* Jennifer Deal* Shelly Anderson* Courtney Dean Ross Andre Eleanor deGolian Our Pro Bono Brandon Arnold Eric Dominguez* Vincent Justin Arpey Addison Draper Sarah Babcock* Elizabeth Eager Sada Jacobson Bâby Emily Early Bidisha Bagchi Belinda Edwards Paul M. Baisier Nneka Egwuatu Andrea Baker Bri Erwin Alan Bakowski* Brianne Erwin* All-Stars Jay Michael Barber Tynetra Evans David Barnes* Zachary Eyster Alexandra Garrison Barnett Will Fagan* Norman Barnett Marianne Faircloth Mike Barry Elizabeth Anne Faist Paul Barsness Richard Farnsworth* Eric Barton Denise Farrior Sarah Basiliere Tamara Feliciano Jane Batcheller Jennifer Fleeman Nancy Baughan Karissa Fleming Theresa Beaton Jim Fletcher Lucero Bello Jonathon Fligg The Pro Bono Project Audrey Berland Winston Folmar Audrey Biggerstaff David Forbes of the State Bar of Julia Black* Ashley Fournet Jennifer Blackburn Ken Franklin* Georgia salutes the Thomas Blaylock Michael G. Frankson Edward Bonapfel Jay Frasier following attorneys Amy Boring Delia Frazier Rebecca Bower Brooke French who demonstrated Charles Bridgers Anna Fretwell John Brittingham Katy Furr their commitment to Karl Broder Walter Gabriel Kyle Browne Terrica Ganzy Christopher Bruce David Geiger equal access to justice Samuel Bruner Sarah Geraghty Robert A. Burnett* Mica Germain by volunteering their John Bush Sanjay Ghosh Adrienne Byrdsong John Gibson time to represent low- Marcee Campbell James A. Gober Stephanie Capezzuto Gwendolyn Godfrey income Georgians Sarah Cash David Gouzoules Jeffery Cavender Milton Green in civil pro bono Steven N. Cayton* Daniel Greene Marshall Chalmers Jason Grier programs during 2014. Trey Chancellor Robert Griest Allen Chang Bradley Griffin Lisa Chang Pamela Grimes *denotes attorneys who have Reagan Charney* Kristen Guidry accepted three or more cases David Cheng* Lennon Haas* Yasamine Christopherson Chris Haggerty Molley Clarkson Austin Hall Maia Cogen Amy Hanna Evan Cohn Scott Hart Ron Coleman* Kate Hausmann Melissa Conrad-Alam Ashley Heintz Joel Correa Josh Hess Christopher Cottrell Al Hill Matthew T. Covell Eva Hill Kevin Crayon Nick Hinson Juli Crider William Holley* Rebecca Crumrine Atteeyah Hollie Jonathan Howell Raina Nadler Eric J. Taylor Valdosta Ed Jenkins Katherine Hughes Andreea Neculae* David Terry Thomas D. Lovett Mark Jonas Noel Hurley Kerry Nicholson John P. Thielman Walter D. Moody Paul Kauffmann Erica Jansen Coby Nixon Jeong Hwa Lee Towery William O. Woodall Jr. Christopher L. Meacham Jonas Jarvholm* Koji Noguchi Douglas Tozzi Lauren Alexander Mescon Kaleeda Jenkins Cody O’Brien Franklin Trapp GLSP AUGUSTA Elizabeth Morgan Michael Emmett Johnson Sarah O’Donohue Trishanda L. Treadwell REGIONAL OFFICE Elizabeth McBride Robert N. Johnson Greg O’Neil Nick Tsui Demetrius Abraham* William Dallas NeSmith III Tiffany Johnson Melissa Oellerich Mark VanderBroek David S. Klein* Tremaine “Teddy” Reese Kayla Johnston Doug Okorocha Esther Vayman Michael Loebl* Alan F. Rothschild Jr. Beth Jones David Oles Gretchen Wagner Dana Niehus* Tim Sowers* Candis Jones Jonathan Palmer Kelly Walsh Richard T. Pacheco* Richard Thomas Tebeau* Daniel Jones Neena Panjwani-Saxena Meka Ward Carl Schluter* Shevon Sutcliffe Thomas* Michelle Renee Jones Shalamar J. Parham Ben Warlick Raymond Tillery* Sherida Mabon Jones* Yane Park Jane Warring* GLSP BRUNSWICK William Tucker Leanna Jordan Sarah Peters Yvonne Williams Wass REGIONAL OFFICE Robert Pate Turner III Amy Jurden Christina Peterson Anne Watson Alma Amy C. Walters* Mackenzie Kahnke Watson Pierre Brian Watt William J. Edgar* Alonza Whitaker Ankith Kamaraju Megan Poitevint Meredith Watts Joseph Wiley Jr.* Leanne Kantner Jordan Posey Josh Weeks Brunswick Dorothy Williams* Jake Kaplan Rachel Purcell Neal Weinrich Lee S. Ashmore* Robert Wilson* Aamir Kazi Robbin S. Rahman Jared Welsh Doree Avera* Joel Wooten Monique Keane Geoff Rathgeber Andrew Wener Mary Beth Boone Ketonga L. Wright* Corbin Kennelly Jason Paul Reeves Jennifer Wheeler Melissa Cruthirds* Ed Khalili Thomas E. Reilly Reed White William J. Gallagher III LaGrange Jehae Kim Adam Reinke* Melissa Whitehead Carlton Gibson* Kimberly Y. Harris Kirk Knight Jody Rhodes Michael Whiteside Lacey Houghton* W. Luther Jones Ramsey Knowles Steven Richman Christopher Wiech Stacey L. Patrick Nazish Ahmed* Elisa Kodish Hillary Rightler* Allison Will Gregory C. Perry Alex Koskey Margaret Riley* Knox Withers Caroline Schofield* Greenville Alexandra Kraus Kathryn Roberts* Diane Wizig Paul Schofield* Tina Dufresne Sandra Kravale Kacy Romig Justin Wolfe Susan Thornton* Rochelle Laffitte Mareasa Rooks Nathan Wood Holle Weiss-Friedman Montezuma Lanesha Lamar Sean Rosario Tamera Woodard James A. Yancey Jr. G. Leonard Liggin Kenric Lanier Laura Rosencrantz Christopher Yarbrough Allegra Lawrence-Hardy* Paula Rothenberger Emily Yu Jesup Thomaston Andrew Leba Eric Rumanek Jeff Zachman Samantha Jacobs Donald Snow Tracey Ledbetter James Rusert* David Zacks Joshua L. Lewis Patrick Ryan Sam Zeigler Kingsland GLSP DALTON Kevin Linder Natalie Sacha Garnett Harrison* REGIONAL OFFICE Ryan Locke Sajid Saleem GEORGIA LEGAL David S. Allen James Johnston Long Douglas Salyers SERVICES PROGRAM, INC. Waycross Timothy H. Allred Sarah Loyd Niquita Sanders Mary Jane Cardwell* Christina M. Antalis Matthew M. Lubozynski Bruce Sarkisian* GLSP ALBANY Kristi Lowery Jennifer D. Baxter Rebecca Lunceford Coleen Schoch REGIONAL OFFICE Huey W. Spearman* Fred Steven Bolding* Alfred Lurey Christopher Seely Valerie Brown-Williams Teri L. Brown David Mackenzie Debbie Segal Gregory A. Clark* GLSP COLUMBUS Nancy A. Burnett* Elizabeth Main Kristy Seidenberg* Cawthon H. Custer* REGIONAL OFFICE Marissa Coffey Olivia Marbutt Raj Shah* Gail D. Drake* Atlanta Robert A. Cowan* Michelle Marchiony Jannette Shockley James N. Finkelstein* Walter Fortson* Charles Lee Daniel* Max Marks Suneet Sidhu Alexander Hart Jeffrey J. Dean Adam Masarek* Matthew Simmons* Michael E. Hooper* Columbus Angela S. DeLorme* Nikisha McDonald Sidney Simms Kimberly D. Lamb* Gary Abell O. Harris Doss Caroline McGlamry Christopher Sleeper Larry B. Owens William Arey* Joshua D. Earwood Michael McLaughlin Katy Smallwood Marshall L. 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Ivie Ronald Iddins* Tim Minor IV James Meaney Marietta Riverdale Fayette Polk Sheldon Paprota* Kyra Lin Abernathy Obreziah Bullard Philip S. Coe Robert T. Monroe Deborah H. Peppers* Dinah L. Rainey Katherine L. O’Gwin Monroe Warner Robins Sheila L. Rambeck Rockdale Jessica Oliva Stephen Noel T. Greer Aiken D. Elizabeth Williams Winfield Albert A. Myers III David C. Smith Jocelyn Daniell* John A. Nix Christina Stahl* Toccoa Ronald Daniels* Floyd Atim Amba Nsunwara Cortney M. Stuart Willie Woodruff Chad Ethridge* Larry J. Barkley Paul J. Oeland IV G. Gargandi Vaughn* Terry Everett* V. Morgan Carroll Joye T. Wills Washington Danielle Hynes Timothy J. Crouch Spalding Kayann H. West* M.V. Booker Gail Charline Robinson Floyd H. Farless Charles D. Jones Brian D. Wright* A. Robert Tawse* Weldon Terry Haygood Jr. Lisa D. Loftin Woodstock Clarence Williams Julius W. Peek Jr. GLSP GAINESVILLE/ Teri L. Brown* Jatrean M. Sanders Troup ATHENS REGIONAL Steven Campbell* Wrightsville Christian G. Sotomayor Kimberly C. Harris OFFICE Brian Limbocker Matthew Waters Alpharetta Fulton GLSP SAVANNAH Daniel Mitnick GLSP MACON GLSP PIEDMONT Stephanie C. Anderson REGIONAL OFFICE Jared Mitnick REGIONAL OFFICE REGIONAL OFFICE Torris J. Butterfield John Adams Atlanta Bartow Diane Cherry Molly Adams Athens Deidre’ Stokes Merriman Brian R. Cahn Charles Clapp Kathleen Aderhold* Courtney M. Davis Shalamar J. Parham Randall H. Davis Emory L. Clark James Ashby Donarell Green Christopher Steele Mary Faye McCord Shade’ A. Dixon Pattie Barber Jonathan Mills Anthony N. Perrotta Neal D. Dodell Keith Barber Adrian K. Pritchett Fayetteville M. Denise Dotson Richard Barid Kent Silver Arjun Nair Carroll Scott A. Elder Chauncy Barnwell Jennifer A. Certonio Dale R. F. Goodman Langston Bass Blairsville Fort Valley James M. Kane Thomas Bateski Robbie Colwell Weaver Donna Culpepper Clayton Guy E. Lescault* Charles Bell Carl H. Hodges Dorethea McCleon Cletus Bergen Buford Gray Alycen A. 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It's Time to Renew Your Section Membership: There's a Section for Everyone

by Derrick W. Stanley

tate Bar of Georgia dues notices were  A list of your sections will be displayed (see fig. 2).  Click on the “Join Sections” link. mailed to the membership on May 8. The  You are now on the “Pay Dues Online” page.  If there is a greyed check mark next to the section, notices contain a multitude of information, then your dues have been renewed. If the check S mark is black or missing, then the dues have not from dues to donations to section affiliations. been renewed (see fig. 3).  If your dues have not been renewed, or you want Any sections you are currently a member of are to join more sections, all you need to do is check pre-checked for your convenience. You can add or the section(s), click the “Add to Cart” button at the delete sections by indicating your choice on the bottom of the page and follow the prompts to pay. notice. The important thing to remember is that even though the sections have been pre-selected for Hopefully these tips will keep your section you, they have not been added into the total at the memberships up-to-date. And remember, you can bottom of the page. You will need to include the always join a section at any time by following the amount of section dues on Line C in the Summary steps above. Box. This will ensure your section memberships are renewed. It is important to double-check your What Do You Practice? math. If there is a variance in the amount, it may There’s a Section for That! delay your sections renewal. Also, if you are in a medium to large firm and your Whatever your practice area, you can find a section dues are paid through an accounting department, please that can provide you with a built-in support system of make sure your section dues are submitted in addition contacts, mentors and advisors. By joining a section of to your Bar dues. Many times, people are removed from the State Bar of Georgia, you can expand your reach, or never added to sections due to this reason. better your practice and create opportunity that will To determine if your section dues have been paid, enhance your ability to practice law. Check one out follow these steps: today. There is a section for everyone!

 Log in to your account at gabar.org. Administrative Law  Select “Section Membership” on the left navigation bar Provides a forum for attorneys to become better (see fig. 1). acquainted with the Georgia Administrative Pro-

50 Georgia Bar Journal cedures Act and the numerous 1 administrative agencies of the state government.

Agriculture Law Seeks to increase the awareness and further the knowledge of members of the State Bar and general public in agricultural law issues.

Animal Law Provides networking and educational opportunities to its members in addition to providing a forum for members to exchange ideas, study and understand laws, regulations and case law pertaining to all areas of animal law. Antitrust Law 2 Facilitates awareness and compliance with federal antitrust laws primarily through meetings and programs that alert section members to recent antitrust developments and allows them to get together with other antitrust practitioners in the private bar and government enforcement agencies.

Appellate Practice Its purpose is “to foster professionalism and excellence in appellate advocacy and to encourage improvements in the appellate process.” The work of the section involves sponsoring programs and seminars, encouraging appellate pro bono representation, providing a forum for dialogue 3 between the appellate bench and bar of this state and, when appropriate, advocating improvements in appellate practice and proce- dure through legislation.

Aviation Law Offers opportunities to members of the Bar to acquire and share knowledge of aviation- related topics in order to foster a better understanding of the issues that are unique to aviation law.

Bankruptcy Law Serves all members of the Bar whose practice involves debt or

June 2015 51 creditor issues in the consumer or with corporations, associations Entertainment & Sports Law commercial law areas by its spon- and law firms, the section annu- Section goals are to educate sorship of seminars, publications ally sponsors a two-day Corporate and promote networking among and networking opportunities Counsel Institute. section members and guests. throughout the state. Varied programs include a Creditors’ Rights monthly luncheon lecture series Business Law Seeks to provide learning oppor- with CLE credits as well as local Hosts standing committees on the tunities for its members and to and international seminars. Corporate Code, the UCC, Securities, serve the needs of attorneys prac- Partnerships, Legal Opinions and ticing in the area of collections Environmental Law Publications and continues to con- and commercial litigation. Provides its members with sider legislative proposals and a unique opportunity to get to monitor legislative developments in Criminal Law know other lawyers from indus- their respective areas. Conducts activities to help keep try, federal and state government, members updated on the finer public interest organizations and Child Protection & Advocacy points of criminal law and dissemi- private law firms who practice Provides a forum for dissemina- nates information on matters affect- environmental law on a day-to- tion of information on aspects of ing criminal practice. day basis. Membership in the sec- juvenile law practice related to chil- tion also enables members to stay dren: prosecution and agency rep- Dispute Resolution informed on current environmen- resentation, parent representation, Facilitates the methods for tal subjects, including legislative child representation, and guard- resolving legal disputes other than and regulatory developments. ian ad litem work in deprivation or through litigation and plans con- dependency and termination tinuing education seminars. Equine Law of parental rights proceedings in Provides opportunities for mem- Juvenile and Probate Courts; de- E-Discovery & the Use bers to develop their knowledge fense and prosecution of delinquen- of Technology and professional abilities in equine cy and status offender or CHINS Provides education and train- matters of law in order to render (Children in Need of Services) ing to lawyers across practice areas better service to their clients and cases; miscellaneous Juvenile Court about all facets of legal technology the general public. advocacy regarding competency, and e-discovery, including the tools emancipation and parental noti- and applications; best practices and Family Law fication issues; and handling of procedures; applicable rules and Promotes continuing legal edu- adoption proceedings. laws; and ethical considerations. cation by co-sponsoring an annual Family Law Institute in May, and Constitutional Law Elder Law Nuts and Bolts of Family Law in Its purpose it to promote the Promotes the development of the fall; monitors legislation and objectives of the State Bar of substantive skills of attorneys work- assists in drafting legislation in the Georgia within the field of con- ing with older clients by offering area of family law; and publish- stitutional law (state and federal); continuing education programs. es a quarterly newsletter which to actively sponsor the continuing includes articles on emerging education of the members of the Eminent Domain areas of the practice, interviews State Bar in this field; and to make Organized to promote educa- with members of the judiciary, appropriate recommendations in tion relating to the law of eminent summaries of new appellate cases, this field to the State Bar. domain in the state of Georgia. and updates on the latest legislation and changes to Superior Consumer Law Employee Benefits Law Court Rules. Fosters professionalism and Seeks to promote knowledge excellence in consumer law advo- and understanding of laws regu- Fiduciary Law cacy, both through individual lating employer sponsored ben- Has as its primary goal the and class actions, and to promote efit plans through continuing improvement of skills of lawyers improvements in laws governing legal education opportunities in who practice in the fiduciary area consumer transactions and fair or the field of executive compensa- by sponsoring seminars such deceptive business practices. tion, pensions, health and welfare as the Fiduciary Law Seminar, and ERISA litigation and develops the Estate Planning Institute in Corporate Counsel Law collegiality among practitioners Athens, the Basic Estate Planning Comprised of Bar members within the employee benefits area Seminar and other programs. It engaged in corporate law practice of practice. also monitors legislation in the

52 Georgia Bar Journal fiduciary area and helps in draft- Intellectual Property Law ing fiduciary legislation. Provides networking and educa- Tax Court Accepts tional opportunities to its members. Franchise & Distribution Law The section also fosters network- Kaye Valuation Promotes the education and best ing and education for intellectual practices of franchise and distribu- property attorneys and profession- Affirmed by tion law among section members. als nationwide, including co-spon- US Court of Appeals soring the annual IP Institute. General Practice & Trial Law Benefits of membership include International Law Mitchell Kaye, CFA, ASA Calendar Call, luncheons, liaison to Provides a forum for members other sections and the American to exchange ideas and experiences (770) 998-4642 Bar Association and a web pres- related to representation of domes- ence. Section seminars focus on tic or foreign clients in connection trial practice, law staff training, with matters involving more than Business Valuations office technology, mediation and one national jurisdiction. The sec- basic corporate practice. tion keeps its members informed Divorces ! Estates ! Gifts of the latest developments in the ESOPs ! FLPs Government Attorneys areas of international law and prac- Intangible Assets ! Disputes Provides a forum for govern- tice through an annual continuing ment attorneys and promotes their legal education seminar, luncheon Court Testimony and IRS Experience interests before and participation study groups and periodic presen- in the Bar. tations by experts in their field. serving appraisal clients since 1981 Health Law Judicial www.MitchellKaye.com Deals with a variety of health Fosters professionalism and care law issues relevant to attorneys excellence in the judiciary, encour- for hospitals, physicians, insurers, ages improvements in judicial pro- Local Government Law employers, patients and govern- cess and court operations, solicits Provides a forum for attorneys ment agencies. The section pub- input from non-judicial Bar mem- representing local governments to lishes a newsletter for its members bers upon judicial procedures and exchange ideas and experience and and conducts educational seminars court operations and encourages hosts the annual Local Government during the year. The section also interaction between bench and bar. Institute for city and county attor- sponsors health law projects among neys in Athens. the Georgia law schools. Labor & Employment Law Focuses attention on all areas Military/Veterans Law Immigration Law of labor/management-employee/ Sponsors two continuing legal Provides education and advice employer relationships through education programs each year pro- and disseminates information continuing legal education. moting awareness and training regarding current conditions relat- among Bar members of legal issues ing to the practice before various Law & Economics particular to military service. The government agencies including The purpose of this section section annually conducts training Department of Homeland Security, shall be to increase awareness of for attorneys seeking approval to U.S. and state Department of the economic impact of statutes, practice before the VA. Labor, etc., to its members in the regulations and case-law deci- area of U.S. immigration law. sions by bringing together lawyers Nonprofit Law and scholars to discuss and study Establishes and maintains, as an Individual Rights Law such issues. integrated group, members of the Serves the Bar through educa- Bar who are legal advisors in the tional activities intended to protect Legal Economics Law field of nonprofit law; to provide and promote the rights of individu- Provides information and assis- an opportunity for the exchange of als. During the legislative session it tance on the administrative, busi- information and ideas; to improve monitors legislation likely to have ness and practical aspects of the the professional responsibility with a significant impact on members. practice of law. The section pro- respect to the practice of nonprofit The section sponsors community duces a newsletter with the Law law; to provide, serve and act as service projects, hosts informal Practice Management Program of a central association and forum gatherings for its members and the State Bar of Georgia and co- for the study, discussion, resolu- guests, and publishes a newsletter. sponsors seminars. tion, collection and dissemination

June 2015 53 2015-16 Section Membership Email ______AmounttoBill$ ______CSVCode Expiration Date ______Credit CardNumber ______Firm/Organization ______Bar Number Name ______Atlanta, GA30303 104 MariettaSt.NW, Suite100 tt a fGeorgiaSectionLiaison State Barof [email protected] ormailacheck to: ande-mailto Please completethisform

iuir a $30 $35 $20 $25 Law Fiduciary $20 Family Law $35 $20 Equine Law $25 Environmental Law Law &Sports Entertainment $20 $15 Employee BenefitsLaw $15 Eminent Domain $25 Elder Law $25 ofTechnology E-Discovery/Use $25 Dispute Resolution $35 Criminal Law $20 Creditors’ Rights $35 Corporate CounselLaw $15 Consumer Law $20 Constitutional Law $20 $15 $20 Child Protection &Advocacy Business Law $20 Bankruptcy Law Aviation Law $25 Appellate Practice Antitrust Law Animal Law Agriculture Law Administrative Law Section Dues

elhLw$20 $15 $10 Immigration Law Health Law $35 Government Attorneys $20 General Practice &Trial Law Franchise &DistributionLaw ehooyLw$25 $20 $25 $15 $10 Workers’ Compensation Law Tort &InsurancePractice $15 $35 Technology Law Taxation $15 Law $25 Senior Lawyers $25 School &CollegeLaw Real Law Property $15 Professional Liability $20 $10 Product LiabilityLaw $25 $10 Nonprofit Law /Veterans Law Military Local GovernmentLaw $25 $20 Legal EconomicsLaw Law &Economics Labor &EmploymentLaw $35 $15 Judicial International Law Intellectual PropertyLaw Individual RightsLaw of ideas, information, data, conclu- federal level that impacts its mem- Technology Law sions and solutions with respect to, bers, publishes a newsletter and Provides a forum for lawyers and common problems created by, maintains a section website. It also to discuss legal issues related the field of nonprofit law. maintains a Listserv for members to technology. to post questions and receive real Product Liability Law time responses, with helpful guid- Tort & Insurance Practice Co-sponsors two annual semi- ance from other practitioners. Has five main functions: (1) to nars. Members receive a quarterly further the education of its members newsletter featuring case sum- School & College Law by providing seminars on insurance- maries, articles, section mem- Provides members with opportu- related legal topics; (2) to keep its ber profiles and a calendar of nities to interact with those actively members abreast of current develop- section events, which includes engaged in practicing school and ments in insurance law, such as case meetings in Rome, Savannah college law. The section annually law, legislation or regulations; (3) to and Macon. co-sponsors a seminar on school provide a forum for the exchange and college law issues with ICLE. of views on the insurance-related Professional Liability aspects of the practice of law; (4) to Promotes the objectives of the Bar Senior Lawyers influence for the better, when appro- within the fields of professional lia- Informs lawyers of retirement priate, those activities which relate bility and malpractice. The emphasis opportunities, options and benefits, to insurance and affect lawyers; (5) shall be upon liability in fields other support and assistance to senior to develop a relationship with the than medical or veterinary profes- lawyers in continuing their careers, State Insurance Commissioner’s sions, including but not limited to: improved representation for the Office that will enhance the interests architects; attorneys; certified pub- disadvantaged, increased pro bono of the members of the section. lic accountants; land surveyors; and work, encouraging the develop- professional engineers. The purpos- ment of alternate provisions of Workers’ Compensation Law es shall be to provide a medium dispute resolution, advancement Seeks to keep its members fully through which practitioners in the of substantive elderly law and informed in the area of workers’ com- fields of professional liability can professional collegiality. pensation. The section works closely organize, concentrate, and coordi- with the State Board of Workers’ nate their activities to enhance the Taxation Law Compensation to convey informa- practice and understanding of pro- Pursues the continuing edu- tion regarding new rules changes fessional liability law. cation of the members of the and statutes to its members. It active- Bar in the field of federal and ly participates in and supports work- Real Property Law state taxation; maintains liaison ers’ compensation seminars and con- Promotes continuing legal edu- with the Internal Revenue Service, tinuing legal education. cation by co-sponsoring a com- the State Department of Revenue mercial real property law semi- and the Georgia State University Derrick W. Stanley is nar in the fall, a basic real estate Tax Clinic; monitors state the section liaison for practice seminar in the winter and legislation affecting taxation; the State Bar of Georgia a Real Property Law Institute in and makes recommendations and can be reached at May with ICLE. The section moni- concerning legislative and admin- [email protected]. tors legislation at the state and istrative rules. Share Ideas. Join a Section Online. Log in to your account at www.gabar.org and select “Join a Section” or simply check the box on your dues notice and add the payment to your remittance.

June 2015 55 Member Benefits

Fastcase Statute Searching

by Sheila Baldwin

tatutes can sometimes be tricky to find, up any cases that cite your section below the statute’s text. You can also see an outline view of the code to especially if you do not have an exact cita- the left (see fig. 1). This allows you to view your section in the overall context of the code and click on S tion. Fastcase has several ways you can other sections to read further. access statutes, depending on how much information Find a Citation The easiest way to find a particular statute section is you know at the beginning of your search. One can to just type in a citation for that section using Fastcase’s Citation Lookup feature. But what if you only have an Browse, Find by Citation or utilize the Search View to act name? Or, maybe you have a general idea that a statute exists, but do not know where to look in browse input key words, specific citations or a combination mode. You could try a keyword search on the Search Statutes page, but predicting the exact language of a of both. section is very difficult. You might also try searching for a case that cited your statute on the Search Cases Find by Browse Mode page, but that can be time-consuming. At this point, you should perform a Google search If you are not sure where to start and just want to to gather more information. You may want to view browse through the various titles and chapters of a the history of a bill or act possibly located on the code, there is an easy way to do that in Fastcase. Just General Assembly website or even an attorney blog. go to the toolbar, hover over the Search menu and In my experience, this is a great way to find out click Search Statutes. Two tabs will appear above the where certain areas of the law have been codified search bar on the Search Statutes page; select the sec- when you do not have enough information to search ond tab—Browse. the Fastcase databases effectively using keywords. From here you will see a list of jurisdictions and the And if you know how to search using Fastcase you U.S. Code. If you want to browse Georgia law, just know how to run a Google search since both use scroll down to Georgia and click the plus sign to the Boolean operators. left. If you click the plus sign next to Georgia Code you will see archived editions going back to 2009, our first How to Directly Look Up a Citation year with Fastcase. You can decide to expand various Once you have found the specific citation you are titles and chapters by clicking on the plus sign. looking for, you need to enter it in Fastcase and proceed If you see something that interests you, just click directly to the statute section. From the Search Statutes the name of the section to read it. Fastcase will pull page, make sure the Citation Lookup mode is selected

56 Georgia Bar Journal above the search bar. Select where you want to search in the Select 1 Statutes pane by checking off the boxes. You can click the plus signs for each jurisdiction to show different codes. If you click the blue “info>>” link you can see examples of how to cite those particular laws so the computer can find them (see fig. 2). For example, Georgia Statutes are cited with the abbreviation “GA. Code [Title Number]-[Chapter Number]-[Section Number].” Use that syntax with your citation in the search bar and press enter to quickly pull up a section. Annotations Once you open the statute, you can view citing cases in a list view 2 below the text of the statute. A quick overview of this list will give you an idea of how often the statute has been directly cited within case law as well as putting you into the text of each listed case at the point that the statute is cited in order to understand the context in which it is used. There is an added benefit of a direct link to the case directly from statutes back to the case law side of Fastcase (see fig. 3). Once you have the statute basics down, you can save a lot of time and frus- tration in your research. Fastcase is a great member benefit. If you are not getting the most 3 out of it when performing your research, you may want to schedule a training to learn how to maximize the program. Fastcase trainings can be found on the calendar on the Bar’s website. You can sign up for a webinar by Fastcase experts or choose to attend a live training at the Bar; CLE credit is available for either option. If you have any questions about Fastcase, please feel free to contact me at [email protected] or 404-526-8618.

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

June 2015 57 Writing Matters

Beyond the Comma: Semicolons and Colons

by Karen J. Sneddon and David Hricik

emicolons and colons are more than retro

typographical emoticons. ;) Semicolons S and colons add sophistication to the text. They convey how clauses are connected and vary the rhythm of the text to promote reader engagement. But sometimes they can confuse the reader. That confusion can be traced to the sometimes interchangeable nature of semicolons, colons, commas and dashes. This installment of “Writing Matters” teaches how to effectively use semicolons and colons. Semicolons

A semicolon has the combined power of a comma and a period. Semicolons link ideas and avoid reader confusion. To link ideas, writers can use semicolons to connect two independent clauses. A semicolon can join two independent clauses (think complete sentences) on nating conjunction. Mark is eight years old, and Bridget is a related matter, with no other punctuation or word six years old. Each sentence is properly punctuated. The needed. Mark is eight years old; Bridget is six years old. semicolon links the clauses more directly and empha- The two sentences could be separated by a period. sizes the relatedness of the clauses. Mark is eight years old. Bridget is six years old. The two But the independent clauses must be related. It clauses could also be joined with a comma and coordi- is inappropriate to use just a semicolon to join two

58 Georgia Bar Journal clauses that don’t have a common connection. Mark is eight years old; N D L Francis goes to college. These two Norwitch Document Laboratory independent clauses can’t be com- Forgeries - Handwriting - Alterations - Typewriting bined with a semicolon because the Ink Exams - Medical Record Examinations - “Xerox” Forgeries connection between the sentences is unclear. In some circumstanc- F. Harley Norwitch - Government Examiner, Retired es, a semicolon may be used to Court Qualified Scientist - 35+ years. Expert testimony given in connect two independent clauses excess of five hundred times including Federal and Offshore with a conjunctive adverb. Mark is eight years old; however, Bridget is 1 Offices in West Palm Beach and Augusta six years old. This use of the semi- www.QuestionedDocuments.com colon emphasizes the link and con- Telephone: (561) 333-7804 Facsimile: (561) 795-3692 veys the relationship to the reader through the inclusion of the conjunctive adverb. colon should not be used. The basic ing. This installment discusses two To avoid confusion, writers components of a valid contract are examples of words often incor- can use semicolons as “super offer, acceptance and consideration. rectly used interchangeably. commas.” Semicolons can sepa- Colons aren’t limited to announc- rate listed items where the listed ing lists. Writers can use colons A. Think that the word “because” items already contain commas. to express a sense of anticipation. and the word “since” are inter- To conduct the depositions, we trav- The associate collected her working changeable? Some writers use eled to Atlanta, Ga.; Charlotte, N.C.; draft from the partner: no revisions. the words interchangeably, and Jacksonville, Fla. Using only Because of the announcing qual- but they have distinct mean- commas in that list would make ity of the colon, the colon is usu- ings. “Since” relates to time. it difficult to read. Similarly, a ally preceded by an independent “Because” relates to causation. I semicolon helps avoid confusion clause. The text following the colon have been admitted to the bar since by linking lengthy clauses and does not need to be an independent 2002. Because I have been practic- clauses that contain commas. Some clause. But what follows the colon ing law for 13 years, I have written attorneys write the initial draft using needs to be an explanation, clarifi- a variety of legal documents. a computer, typewriter or voice dicta- cation or summary. Thus, one dif- tion app; but other attorneys, based ference between a semicolon and B. Know the difference between on personal preferences and previous a colon is whether the two joined “i.e.” and “e.g.” “I.e.” is an abbre- experiences, write the initial draft clauses are complementary (in viation of “id est” and means using a pen and paper. which case a semicolon should be “that is.” In contrast, “e.g.” is an Thus, semicolons can be used to used) or are sequenced to lead to a abbreviation of “exampli gra- link separate sentences together as point (in which case a colon should tia” and means “for the sake independent clauses and to avoid be used). Of course, colons also fol- of an example.” They are not reader confusion. Their purpose is low salutations in a business letter, interchangeable. distinct from colons. separate units of time and join titles to subtitles. Karen J. Sneddon is a Colons Writers can use semicolons and professor of law at Colons are like heraldic bugles colons to enhance the meaning of Mercer University announcing what will follow. A the text and promote the reader’s School of Law. colon announces, introduces and engagement. A few well-placed draws attention to a clause, exam- semicolons and colons also can ple, list or quotation that follows add sophistication to the text. Their David Hricik is a the colon. In other words, the potential can be summarized in colon conveys a sense of forward one word: invaluable. Try them! :) professor at Mercer momentum to the text. University School of The most common use of a colon Two Writing Tips Law who has written is to introduce a list. The letter of In future columns, we’re going several books and intent outlined the following terms: to include some tidbits that we’ve more than a dozen purchase price, use of signage and not been able to work into a theme articles. The Legal Writing closing date. However, it is often of a longer column. Sometimes Program at Mercer continues to misused (or overused) in this form. these are pet peeves; at other be recognized as one of the Specifically, when the list uses the times, they will be fundamental nation’s top legal writing verbs am, is, are, was or were, a errors that we see in legal writ- programs.

June 2015 59 Professionalism Page

Professionalism and In-House Counsel: Giving Back and Gaining More by Wanda M. Morris

Would you like to know what in-house attorneys are doing to support our legal professional ideals of community and public service? Do you want to know how in-house attorneys support pro bono work, ensuring access to justice and increasing the pipeline of diverse students entering the legal profession? What do corporate lawyers do to maintain competence and enhance civility in their ranks? I asked Wanda Morris, one of the newest members of the Chief Justice’s Commission on Professionalism, to tell us what in-house counsel in Georgia are doing to promote professionalism. She recently completed her term as president and chairwoman of the Association of Corporate Counsel Georgia Chapter Board of Directors. I hope you enjoy her commentary about her leadership role and this organization’s activities and awards.—Avarita L. Hanson, executive director, Chief Justice’s Commission on Professionalism

hen was the last time you were

called upon to lead an activity or Wproject that moves you outside your comfort zone and into a stratospheric experience that literally changes how you see yourself and your colleagues? For me, that experience occurred last year when I had the incredible privilege of serving as the president and chairwoman of the ACC Georgia

Chapter Board of Directors.

When I use the term “privilege” I do not do so light- ly. The Association of Corporate Counsel (ACC) is the world’s largest community of in-house counsel with a vast array of programs and resources specifically geared to in-house attorneys. The Georgia Chapter of this organization currently serves more than 1,000 asm and hard work. In 2014, our chapter accomplished members across the state. With the exception of child- the following: birth and parenting, the challenge to reach and deliver leadership and service to so many was as colossal a  CLEs and Special Programs. ACC Georgia offered task as I’ve ever assumed. nearly 30 luncheon and special CLE programs I began the year by challenging members to actively totaling more than 1,300 hours of CLE hours for participate to make our chapter’s programs strong and members. Each month, our chapter offers an infor- lasting. I can proudly say that they did so with enthusi- mative CLE luncheon, often free of charge to our

60 Georgia Bar Journal members, on many legal top- directly benefits less fortunate chapter officers and members, ACC ics. We also coordinate special and disenfranchised people. Georgia was recognized as a finalist all-day and evening programs Over the past eight years, ACC for 2014 Chapter of the Year in 2014! throughout the year to provide Georgia, along with its various My ACC Georgia Board service our members additional educa- co-sponsors, has raised more was a tremendous experience that tional and networking oppor- than $300,000 to support the Pro taught me that by giving back, I tunities. Last year, we extend- Bono Partnership of Atlanta. gained so much more. I met out- ed our panoply of program-  Paid Law Student Internships. standing attorneys and profession- ming efforts by adding the ACC Georgia provided $30,000 als who stepped up to challenges “Summer Happy Hour Series.” in paid internships to three I thought would have sent them This networking series offered deserving law students from running for the hills. I now consid- members an opportunity to disadvantaged backgrounds er many of these people personal gather in a relaxed atmosphere through the Lori Ann Haydu friends. I ventured into waters that at some of Atlanta’s coolest Memorial Internship Program. many said lawyers shouldn’t tread, and hippest restaurants and to Each year, ACC Georgia and I did so because of the support enjoy each other’s company. Chapter awards three fully paid and determination of others who,  Women’s Initiative. The chap- summer internships to rising like me, wanted to make a differ- ter successfully launched our second year law school students ence in the lives of other people. Women’s Initiative, a series from diverse and challenging The rewards of giving back to the of programs to help female backgrounds. These students community through your legal skills in-house counsel define and work in several corporate legal and knowledge are incomparable. If achieve success. Last year we departments in the greater you are a practicing in-house attor- offered such programs as a Atlanta area over the summer. ney, I encourage you to consider General Counsel’s Roundtable  Street Law Program. ACC joining ACC Georgia Chapter. We and a workshop on how to Georgia continued our com- are always looking for new mem- actively create your own suc- mitment to increase the pipe- bers to continue our tradition of cessful career. The enlightening line of lawyers into the profes- giving back and gaining more. For speakers and networking oppor- sion through our Street Law more information on ACC Georgia tunities led to extending this ini- Program, designed to teach contact Connie Swindell-Harding tiative for 2015. The Women’s people about law, democracy at [email protected], or Initiative was recognized and and human rights worldwide. visit our website at http://www. featured as a “Program of ACC Georgia partnered with acc.com/chapters/georgia. Excellence” by ACC headquar- the nonprofit Street Law orga- ters in Washington, D.C. nization in 2013 to begin teach- Wanda M. Morris is an  Pro Bono Partnership of Atlanta. ing students at Drew Charter assistant general We continued our long-standing Senior Academy about law in counsel in the relationship with the Pro Bono an engaging, accessible and employment and labor Partnership of Atlanta. Many relatable way using the Street group of Home Depot’s chapter members volunteered Law curriculum. The program legal department. She their time and talent to the Pro empowers students to become oversees and manages the Bono Partnership of Atlanta’s active, legally astute contribu- Legal Check-Up Clinic. Working tors to society and supports the company’s western division with several law firm and ven- pipeline of future lawyers in employment litigation and team of dor sponsors, we hosted the our legal community. attorneys in its West Coast office. Annual ACC Value Challenge  Community Service. ACC Morris is immediate past president Program and ACC Georgia Georgia contributed to the and chairwoman of the Board of contributed $30,000 to the Pro Atlanta community through its Directors of the Association of Bono Partnership of Atlanta. As Joint Day of Service with the Corporate Counsel—Georgia lawyers, we sometimes take for Atlanta Bar Association, sup- Chapter. She was appointed to the granted how intimidating the port of the Atlanta Volunteer Chief Justice’s Commission on legal process can be for indi- Lawyers Association and our Professionalism in 2014. Morris viduals who want to make a Toys for Tots drive. holds a B.S. in accounting and a difference in the lives of others  Membership. ACC Georgia J.D., both from Case Western through service. I believe we, as increased its membership by lawyers, have an obligation to 10.4 percent across the state. Reserve University. She speaks support individuals in our com- across the country on issues of munity who are talented, benev- Because of the generosity, dedica- employment law, diversity and olent and wish to do work that tion and hard work of our sponsors, ethics in the legal profession.

June 2015 61 In Memoriam

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

G. Alan Blackburn B. Avant Edenfield Bobby F. Herndon Atlanta, Ga. Savannah, Ga. Savannah, Ga. Atlanta’s John Marshall Law University of Georgia School Admitted 1968 School (1968) of Law (1958) Died March 2015 Admitted 1968 Admitted 1958 Died May 2015 Died May 2015 John Elvis James Macon, Ga. John H. Boone Eugene Edward Evans Mercer University Walter F. Oakley, Calif. Rome, Ga. George School of Law (1964) Columbia University (1963) Woodrow Wilson College of Law Admitted 1963 Admitted 1963 (1978) Died April 2015 Died October 2014 Admitted 1978 Died September 2014 Isaac S. Jolles Hon. Edward T. Brock Bogart, Ga. Auburn, Ga. Leon Farmer University of Georgia School Woodrow Wilson College of Law Athens, Ga. of Law (1953) (1948) University of Georgia School Admitted 1952 Admitted 1950 of Law (1966) Died April 2015 Died August 2014 Admitted 1966 Died December 2014 Soyang Kristina Kim Carol Buscail-Smith Atlanta, Ga. Atlanta, Ga. Gladys Holland Gunter Texas Wesleyan University School Atlanta’s John Marshall Law Atlanta, Ga. of Law (2008) School (1976) Atlanta Law School (1950) Admitted 2008 Admitted 1976 Admitted 1951 Died March 2015 Died January 2015 Died January 2015 Ben Kingree Horace E. Campbell James P. Hamilton Hilton Head, S.C. Cornelia, Ga. Lithonia, Ga. Vanderbilt University Law School University of Georgia School University of Florida Levin (1962) of Law (1957) College of Law (1951) Admitted 1972 Admitted 1958 Admitted 1955 Died March 2015 Died February 2015 Died February 2015 Deborah S. Kitay Samuel A. Cann Willis G. Haugen Atlanta, Ga. Savannah, Ga. Newnan, Ga. Emory University School of Law University of Georgia School Harvard Law School (1959) (1975) of Law (1954) Admitted 1959 Admitted 1975 Admitted 1954 Died November 2014 Died April 2015 Died December 2014

62 Georgia Bar Journal Curry Julian May Eugene O’Brien Douglas E. Smith Atlanta, Ga. Atlanta, Ga. Gainesville, Ga. Harvard Law School (1993) Atlanta’s John Marshall Law University of Georgia School Admitted 1993 School (1960) of Law (1961) Died March 2015 Admitted 1960 Admitted 1960 Died March 2015 Died March 2015 Walter L. McVey Olathe, Kan. Stephen Pace Benjamin Smith University of Kansas School Perry, Ga. Waycross, Ga. of Law (1948) University of Georgia School Samford University Cumberland Admitted 1965 of Law (1952) School of Law (1947) Died September 2014 Admitted 1951 Admitted 1947 Died January 2015 Died October 2014 Delman L. Minchew Waycross, Ga. Miriam S. Peace Hugh D. Sosebee Emory University School of Law Atlanta, Ga. Forsyth, Ga. (1953) Atlanta’s John Marshall Law University of Georgia School Admitted 1953 School (1972) of Law (1941) Died December 2014 Admitted 1973 Admitted 1940 Died August 2014 Died March 2015 John Thomas Minor Dalton, Ga. Guy Owen Pittman Charles H. Thompson Mercer University Walter F. Commerce, Ga. Forest Park, Ga. George School of Law (1951) Emory University School of Law Atlanta Law School (1947) Admitted 1952 (1950) Admitted 1947 Died January 2015 Admitted 1951 Died January 2015 Died December 2014 Lucille Snowden Mitchell Lee M. Weinstein Wayne, Ohio George Donald Pulliam Atlanta, Ga. University of Miami School Flowery Branch, Ga. Emory University School of Law of Law (1947) Atlanta’s John Marshall Law (1964) Admitted 1958 School (1981) Admitted 1963 Died October 2014 Admitted 1982 Died March 2015 Died March 2015 Herman Joseph Morris Herbert Buel White Atlanta, Ga. James B. Rhoads Lawrenceville, Ga. North Carolina Central University Sandy Springs, Ga. Woodrow Wilson College of Law School of Law (1910) University of Pennsylvania Law (1951) Admitted 2010 School (1965) Admitted 1952 Died March 2015 Admitted 1970 Died February 2015 Died March 2015 Francis Edward Naughton Hon. G. Alan Blackburn Norcross, Ga. William Paul Rodgers was born May 6, 1939, Atlanta’s John Marshall Law McLean, Va. in East Bend, N.C. He School (1977) Mercer University Walter F. attended the public Admitted 1978 George School of Law (1957) schools of Atlanta, Ga., Died February 2015 Admitted 1956 Yadkin County, N.C. Died October 2014 and Washington, D.C. Ray C. Norvell After serving four years on Canton, Ga. Charles C. Shaw active duty in the U.S. Air Force, Roger Williams University School Rome, Ga. Blackburn returned to Atlanta and of Law (1952) University of Georgia School entered John Marshall Law School. Admitted 1952 of Law (1952) He received his LL.B. in 1968. He Died March 2015 Admitted 1952 received his Master of Law Degree Died September 2014 from the University of Virginia School of Law in 2001. Upon admission to the State Bar of Georgia in 1972, Blackburn

June 2015 63 opened his law office in Decatur, Hon. B. Avant Fraternity, associate justice of the Ga., and later maintained offices Edenfield, a native of Honor Court, president of the in Fulton County before mov- Bulloch County, Ga., Demosthenian Literary Society and ing to Cobb County in 1985. He and the community a member of the Blue Key honor engaged in the private practice of Stilson, died in society. He and later-Prof. Perry of civil and criminal law for 20 May 2015 at Candler Sentell became study mates and years and served as an adminis- Hospital of metastatic lung cancer. lifelong friends. In 2008 he was trative law judge for the Georgia Born the son of Perry Edenfield awarded the Law School Alumni Department of Medical Assistance and Vera Berry Edenfield, he was a Distinguished Service Scroll Award. before being elected to a six-year descendent of David Edenfield After graduating from law term on the Court of Appeals in who was captured by the British in school in 1958, he was inducted 1992. He was re-elected to another the Battle of Savannah during the into the U.S. Army, and for the next six-year term without opposition Revolutionary War. six years was an enlisted member in 1998 and 2004. He was elected Edenfield was a graduate of of the U.S. Army and the Georgia by his peers to the office of chief Stilson High School, the University National Guard. judge of the Court of Appeals of Georgia and the University of He began practicing law in in January 2001 where he served Georgia School of Law. His love Statesboro with Francis W. Allen, through December 2002. of learning began early, and he and the firm later became Allen, Blackburn served as chairman always gave credit to the Bulloch Edenfield, Brown and Wright. He of the Cobb County Salvation County Regional Library’s trav- practiced for 20 years in all aspects Army Advisory Board; chair- eling bookmobile for giving him of the law as a trial lawyer before man of the Board of Directors a love of reading and learning. he was appointed to the bench. of New Horizons Ministries Indeed, he later became chairman He was named the Outstanding (Mountain Top Boys’ Home) in of the Statesboro-Bulloch County Young Man of Bulloch County in Walker County; and served on the Regional Library, and many of the 1965. He was a founder and charter Board of Directors of the National older employees remembered that member of the Statesboro Kiwanis Committee for the Prevention of little boy at Stilson who always Club, a guarantor of the land pur- Child Abuse—Georgia Chapter. checked out books by the dozens. chased by the Kiwanis Club for the Blackburn was a charter mem- He stated on occasion that he “was Ogeechee Fair. He was selected by ber of the Georgia Association in a lifetime struggle with igno- the Statesboro Rotary Club in 1978 of Criminal Defense Lawyers. rance, and that ignorance seemed as Bulloch County Man of the Year. He was a former member of the to be gaining the advantage.” He served as a deputy assistant Georgia Trial Lawyers Association Edenfield was particularly attorney general of Georgia. and the Georgia Association of proud of the Stilson community In 1964, he was elected to the Administrative Law Judges. He and the pursuit of excellence that Georgia State Senate. He served was a member of the American he learned there. He captained its as chairman of the Capital Bar Association, the State Bar State Basketball Championship Punishment Study Committee, of Georgia and the Cobb County Team in 1952, and was Georgia’s authoring the majority report that Bar Association. vice president of the Future changed dramatically the laws In the August 1997 issue Farmers of America. regarding death penalty statutes of Georgia Trend Magazine, He enrolled at the University of for Georgia. He also served as Blackburn was selected as one Georgia, earning many scholastic secretary of the Higher Education of the top 40 fastest-rising pub- honors. Beginning as a freshman, he Committee and co-sponsored leg- lic servants in Georgia. He was an unpaid tutor of history for islation improving Georgia’s high- was also selected as the states- the football team. Without ever hav- er education and vocational edu- man of the year by American ing played golf, or knowing any- cation. He was a member of the Legion Post 51 in 1998 and 2001. thing about golf, he convinced the Senate Judiciary Committee and Blackburn formerly served as a Athletic Department to hire him as the co-author of legislation creating master of the Charles Longstreet a beginning golf instructor. Asked state-sponsored scholarships for Weltner Family Law Inn of why, he said, “I needed the money, medical, nursing and dental stu- Court (American Inn of Court and I did not reveal my absence of dents who committed themselves 302). He served as a member of knowledge about the game of golf. to practice in under-served areas. the Georgia Courts Automation The $60 a quarter paid my tuition.” While in the legislature he helped Commission. Blackburn served He graduated from UGA School create the Statesboro-Bulloch on the Chief Justice’s Commission of Law and was on the dean’s list County Developmental Authority. on Professionalism, and was a throughout law school, a mem- He returned home and later served member of the Judicial Council ber of the Gridiron Secret Society, with the Development Authority of Georgia from 1999-2002. president of Phi Alpha Delta Legal and Chamber of Commerce com-

64 Georgia Bar Journal mittee soliciting industries that met He was a member of Independent the elected solicitor-general. In with significant success. Presbyterian Church, and particular- 1964, he was appointed sole supe- He was appointed to the U.S. ly enjoyed his study of the Bible with rior court judge of the Flint Judicial District Court for the Southern the Chatham Bible Studies group. Circuit by Gov. Carl Sanders and District of Georgia in 1978, He and Melvis traveled throughout served for nearly 15 years before and became a proud resident of the Middle East, Africa and Europe. becoming a senior judge in 1978. Savannah. Chief judge for seven Their love of architecture and history Sosebee also served as a jus- years (from 1990-97), he assumed continued to motivate their travel. tice of the Supreme Court of senior status in 2006. He was Although they remained childless, Georgia and was a charter mem- invited to serve in many different he considered his law clerks—who ber of the Georgia Code Revision federal courts and traveled exten- have been a source of pride and Committee. He was the longest sively trying cases, including in joy—as part of his family. His nieces serving member of the State Bar the Panama Canal Zone before the and nephews and their accomplish- of Georgia Board of Governors, a United States ceded its sovereignty. ments, as well as the accomplish- 32nd Degree Mason and member He served on the Eleventh Circuit ments of many young people who of the Strict Observance Lodge Judicial Council, was president of were children of friends and neigh- No. 18 of Forsyth. the District Judge Association for bors, were a source of pride. Next Sosebee had a profound and the Eleventh Circuit, was appointed to his wife, his brother, Gerald M. lasting impact on Monroe County. by Chief Justice Rehnquist to serve Edenfield (State Bar of Georgia pres- He envisioned and helped to build on the Judicial Branch Committee ident 2007-08), was his confidant, the county’s first and only hos- of the Judicial Conference of the advisor and friend. pital, serving on the first board United States, served on the Pattern of Monroe County Hospital. He Jury Charge Committee for the Fifth Hon. Hugh Dorsey was also a charter member of and Eleventh Circuits for approx- Sosebee of Forsyth the Monroe County Chamber of imately 27 years, was a member passed away in March Commerce and served as Monroe of the Archives Committee of the 2015. Sosebee was born County’s attorney as well as the Fifth Circuit, the Federal and State Oct. 9, 1916, in Forsyth city of Forsyth’s attorney. Liaison Committee, and numerous County to the late The bridge over Interstate 75 on other committees for the judiciary Thomas Watson Sosebee and Ollie Tift College Drive was named after and bar. Worley Sosebee. He graduated Sosebee in 2011. In 2012, Forsyth’s Edenfield credited his mother from the University of Georgia in historic courthouse grounds were and father for creating a strong 1938, where he was a member of dedicated to Sosebee. worth ethic. He had a strong love of the Demosthenian Literary Society. Sosebee devoted his life to his quality education and lamented the He earned his J.D. from Mercer family, community, state and decline of academic standards of University’s Walter F. George God. His tireless work, personal excellence in American education. School of Law. honesty and integrity, and dedi- His greatest accomplishment, Sosebee served Monroe County cation to the courts have inspired however, was marrying Melvis and the Flint Judicial Circuit for confidence in the judicial system Bryant Edenfield in 1963. decades including eight years as as a whole. Memorial Gifts Memorial Gifts are a meaningful way to honor whose memory they are made. The Foundation a loved one. The Georgia Bar Foundation will notify the family of the deceased of the gift furnishes the Georgia Bar Journal with memorials and the name of the donor. Contributions are to honor deceased members of the State Bar of tax deductible. Unless otherwise directed by Georgia. Memorial Contributions may be sent the donor, In Memoriam Contributions will be to the Georgia Bar Foundation, 104 Marietta St. used for Fellows programs of the Georgia Bar NW, Suite 610, Atlanta, GA 30303, stating in Foundation.

June 2015 65 CLE Calendar

June-July JUN 12 ICLE JUN 19 ICLE Narcissism in the Law 50th Anniversary of the Voting Rights Atlanta, Ga. Act of 1965 See www.iclega.org for location Stone Mountain, Ga. 6 CLE Evergreen Marriott Conference Resort 3 CLE JUN 18 ICLE Pro Bono Showcase: Eureka Moments – JUN 25-28 ICLE Pro Bono Attorneys Tell All Gary Christy Memorial Trial Skills Clinic Stone Mountain, Ga. Athens, Ga. Evergreen Marriott Conference Resort See www.iclega.org for location 3 CLE 24 CLE

JUN 18 ICLE JUN 26-27 ICLE Trial Techniques and Tips Southeastern Admiralty Law Institute Stone Mountain, Ga. Point Clear, Ala. Evergreen Marriott Conference Resort See www.iclega.org for location 3 CLE 10 CLE

JUN 18 ICLE JUN 29-30 ICLE YLD Next Step Institute, Part II Selected Video Replays Stone Mountain, Ga. See www.iclega.org Evergreen Marriott Conference Resort 6 CLE 4 CLE JUL 9-11 ICLE JUN 18 ICLE 2015 Fiduciary Law Institute Tools for Effectively Navigating the St. Simons Island, Ga. “New Normal” See www.iclega.org for location Stone Mountain, Ga. 12 CLE Evergreen Marriott Conference Resort 3 CLE JUL 17-18 ICLE POWER UP—Solo and Small Firm JUN 18 ICLE Institute and Technology Showcase War Stories XV, Plus Georgia Evidence Update Atlanta, Ga. Stone Mountain, Ga. See www.iclega.org for location Evergreen Marriott Conference Resort 12 CLE 3 CLE JUL 24-25 ICLE JUN 19 ICLE Environmental Law Section Seminar Ethics, Malpractice and Professionalism Hilton Head Island, S.C. Stone Mountain, Ga. See www.iclega.org for location Evergreen Marriott Conference Resort 8 CLE 2 CLE

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.

66 Georgia Bar Journal Classified Resources

Property/Rentals/Office Space Practice Assistance Sandy Springs Commerce Building, 333 Sandy Springs Handwriting Expert/Forensic Document Examiner. Cir. NE, Atlanta, GA 30328. Contact Ron Winston—(w) Certified by the American Board of Forensic Document 404-256-3871; (email) [email protected]; Full service, Examiners. Former Chief, Questioned Documents, U.S. high-quality tenants (including many small law prac- Army Crime Laboratory. Member, American Society tices), great location, well-maintained. Misc. small office of Questioned Document Examiners and American suites available; Rental and term negotiable. Academy of Forensic Sciences. Farrell Shiver, Shiver & Nelson Document Investigation Laboratory, 1903 Lilac Prime Buckhead Peachtree Offices for Rent—Brand Ridge Drive, Woodstock, GA 30189, 770-517-6008. new, award-winning, high tech Class A offices on glass in new Peachtree Tower. Client wow factor Peachtree New York & New Jersey Transactions and Litigation. views. Concierge service, valet parking, three restau- Georgia bar member practicing in Manhattan and rants, across from Phipps Plaza. Support staff. Share New Jersey can help you with your corporate trans- with other former big firm lawyers. Referral work actions and litigation in state and federal courts. opportunities. Contact: [email protected]. Contact E. David Smith, Esq., 570 Lexington Avenue, 23rd Floor, New York, New York 10022; 212-661-7010; Two Executive Offices available in established law [email protected]. firm—Lawrenceville. 200 sf corner window office —$1,150 month. 140 sf window office—$750 month. Position Wanted Walking distance to Gwinnett Courts; ideal for attorney. Personal Injury Attorney—Well-established, successful Includes receptionist, utilities, copier, breakroom, meet- Atlanta plaintiff’s firm seeking personal injury attorney. ing rooms, high speed internet/fax, phone. Potential Excellent financial opportunity. Collegial, professional referrals. Call Barbara Gordon at Hughes & Associates, environment. Great support. Send resume to: GBJ at 770-469-8887. [email protected].

Offices for lease—Northside hospital area, three single PI & Criminal—Trial and Pre-Litigation Attorneys window offices available in law firm on Peachtree (Jacksonville, FL) Law firm of military veterans is seek- Dunwoody Road and Glenridge Connector. All ameni- ing veterans for their growing law firm. In addition to ties including reception announcement, waiting room, criminal defense attorney, seeking PI Jr. associates (0-3 conference room, kitchen, storage, utilities, security, years’ experience and recent grads), and an experi- parking, pool and workout room. $750 per office, con- enced PI trial attorney with actual first or second chair tact [email protected]. experience through verdict. Please include detailed information regarding ex. Salary commensurate with Marietta Office Space, Powers Ferry Rd. Furnished experience. Please send cover letter and resume with or unfurnished, one or two offices available, includes references to [email protected]. use of conference room/internet/copy/fax/secretarial space, $500 per month. Close to Cobb County court- Finance/Banking/Regulatory Compliance—Louisville, house. Contact by email: [email protected]. KY—SEMINAR SPEAKER—Major financial services consulting and educational company has opportunity Office Space—Class A office space for one, two or for an individual with banking and/or financial regu- three attorneys in established boutique law firm suite. latory background and experience for its Education Window offices with phone/internet/copy/fax/scan, Division. Candidate should have a degree with 5-10 secretarial space, work room/copy room, large con- years banking or regulatory experience and should ference room. Located just inside I-285, Cumberland have demonstrated interpersonal, presentation and Parkway area, near new Atlanta Braves stadium in Cobb communication skills, as well as a strong knowledge County. $1,000 per month. [email protected]. of bank statutory and regulatory requirements. Will provide presentations on compliance and regulatory topics throughout the country. Position requires exten-

June 2015 67 Classified Resources

sive travel, as well as the ability to maintain superior rapport with attendees. Compensation commensurate with experience and credentials. Company has excellent benefits, including 401K plan. Submit resume to: Human Resource Manager, Professional Bank Services, Inc., 6200 Dutchman’s Lane, Suite 305, Louisville, Kentucky 40205; Email to: [email protected]. An Equal ADVERTISE Opportunity Company M/F/H.

Litigation assistant—Sandy Springs law firm seeking litigation assistant with solid legal, technical and administrative experience. Must have a positive attitude, great attention to detail, proofreading skills, excellent inter- Are you attracting the right audience personal skills and manage multiple priorities. Must be for your services? Advertisers are familiar with litigation procedures, comfortable with technology and maintenance of legal files. Resume, discovering a fact well known [email protected]. to Georgia lawyers. If you have Educational Testing Consultants seeks an LSAT prepa- something to communicate to the ration instructor to teach at the University of Georgia, Athens. Successful candidates will possess exceptional lawyers in the state, be sure that it is test scores, previous teaching experience, and a willing- published in the Georgia Bar Journal. ness to work evenings or weekends. To apply, complete the application: http://etctestprep.com/about-us/test- prep-instructor-application. YOU MUST include LSAT Contact Jennifer Mason scores under “Job-related skills.” at 404-527-8761 or [email protected]. Earn up to 6 CLE credits for authoring legal articles and Advertisers Index having them published. Georgia Trend Magazine ...... 13 Submit articles to: Investors Title Insurance Company ...... 25 Bridgette Eckerson Law Firm of Shein & Brandenburg ...... 43 Georgia Bar Journal Member Benefits, Inc...... 41 104 Marietta St. NW, Suite 100 Mercer Health and Benefits Administration ...... 13 Atlanta, GA 30303 Mitchell Kaye Valuation ...... 53 Contact [email protected] for Norwitch Document Laboratory ...... 59 more information or visit the Bar’s ProAssurance LawyerCare ...... 31 website, www.gabar.org. Warren R. Hinds, P.C...... 39

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

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

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

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

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

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CONFERENCE CENTER MEMBER BENEFITS, INC. Bar Center conference rooms can Recommended broker of the State be reserved at no charge for law- Bar of Georgia for health, dental, related meetings from 8 a.m. to 5 vision, disability and long term p.m. The Lawyers Lounge offers care plans. a place to enjoy free coffee, the daily newspaper or check phone MEMBERSHIP DEPARTMENT or email messages on Internet- For help with getting a new Bar connected computer stations. card or logging in to your account. Printing is available with up to 100 copies free of charge. ONLINE VENDOR DIRECTORY FASTCASE LEGAL A directory of practice-related RESEARCH products and services, sometimes A comprehensive national law with discounts. library on your computer/tablet/ smartphone, with online access to PARKING DECK cases, statutes, regulations, court Open Monday through Friday rules and Bar publications. Apps from 6:30 a.m. to 10 p.m. Bar card and mobile sync aid mobility in required for free parking on nights regard to legal research. and weekends.

LAW PRACTICE RESOURCE LIBRARY MANAGEMENT PROGRAM Selection of books, videotapes, Provides business management audiotapes and CD-ROMs on a assistance; technical and general variety of topics related to law consultations; software advice ofﬁ ce management and technology. and training; sample forms; Two-week checkout with shipping start up resources; a solo/small options available at cost. ﬁ rm discussion board and video resources. SATELLITE OFFICES Free legal-related meeting space WON'T YOU JOIN US? can be found at the Coastal Georgia and South Georgia Bar locations by reservation. LEARN MORE AT WWW.GABAR.ORG