Robert D. Ingram 43Rd State Bar President Do You Know What It Feels Like to Shake Your Insurance Agent’S Hand?

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Robert D. Ingram 43rd State Bar President Do you know what it feels like to shake your insurance agent’s hand?

Oh my, don’t tell me you’ve never actually shaken his hand. Or looked him in the eye. Why, don’t you think it’s important to know the people who may one day come to your defense in the case of a malpractice claim? Aubrey Smith, president of Georgia Lawyers Insurance Company, thinks so. He believes that you can’t build trust through e-mails and voice mails. He believes that a handshake and a human connection are the only real signs that someone understands your needs and is willing to stand behind you all the way. He believes that if you ever have a problem, question or concern, you should have not just a phone number, but a person to call. Because he believes that if you ever did face a malpractice claim, you ought to know the people who hold your career in his hands. If you’re ready for a different kind of insurance experience and a free policy review, or a “Quick Quote,” call Aubrey Smith or any member of the Georgia Lawyers team at: 770-486-3435 or toll-free, 866-372-3435. Visit us online at: www.GaLawIC.com. "RINGINGTHEFOLLOWING -EMBER"ENElTSTO'EORGIA!TTORNEYS

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Legals 12 A Re-Evaluation of Arbitration In Light of Class Actions and Appeal Rights—Is It Still Worth It? On the Cover By Christopher P. Galanek and Jennifer B. Dempsey Incoming State Bar 20 Barnes v. Turner: President Robert D. Ingram, his wife Kelly An “E-Turner-ty” of Liability for Lawyers? and their children By J. Randolph Evans and Charles R. Adams III Ryan and Morgan. Cover photo by TCPICS. Features 26 Bar Returns to Georgia’s First City for 41st Annual Meeting By C. Tyler Jones Departments 34 Reinhardt Reflects on Successful Bar Year By Rob Reinhardt 4 From the President 40 First Bar President From Cobb County 8 From the Executive Director Has History on His Side 10 From the YLD President By C. Tyler Jones 64 Bench & Bar 42 Lawyers Foundation of Georgia at the 2005 Annual Meeting 70 Office of the General Counsel By Lauren Larmer Barrett 72 Lawyer Discipline 44 Local Bar Activities Committee Judge Applications 75 Law Practice Management for State Bar Annual Meeting Awards 80 Section News By Margaret Gettle Washburn 84 Professionalism Page 46 As Chief Justice Fletcher Reflects on Past, Chief 88 In Memoriam Justice Sears Prepares for Future By Jennifer N. Riley and Sarah I. Bartleson 90 Book Review 56 Atlanta Attorneys Serve 16,000 Needy Clients 92 CLE Calendar Through AVLF 96 Notices By Martin Ellin 99 Classified Resources 58 Coordinated Data Flow in Georgia Courts 100Advertisers Index Will Benefit the Bar By R. William Ide III, A. James Elliott, Rudolph N. Patterson and the Hon. Timothy A. Pape Editorial Board Quick Dial Marcus D. Liner Attorney Discipline (800) 334-6865 ext. 720 Editor-in-Chief (404) 527-8720 Robert Henry Beer Ronald Arthur Lowry Consumer Assistance Program (404) 527-8759 Donald P. Boyle Jr. J. Kevin Moore Conference Room Reservations (404) 527-8712 Fee Arbitration (404) 527-8750 Clayton Owen Carmack E. Peyton Nunez CLE Transcripts (404) 527-8710 Erin Reynolds Chance Stephanie Ann Paulk Diversity Program (404) 527-8754 Charles Madden Cork III Cynthia B. Smith ETHICS Hotline (800) 682-9806 Lynda Carney Crum Mary E. Staley (404) 527-8741 Georgia Bar Foundation/IOLTA (404) 588-2240 Diane Lea DeShazo Robert R. Stubbs Georgia Bar Journal (404) 527-8736 David A. Dodd Thomas W. Thrash Jr. Lawyer Assistance Program (800) 327-9631 Bridgette Elizabeth Eckerson Martin Enrique Valbuena Lawyers Foundation of Georgia (404) 659-6867 Law Practice Management (404) 527-8772 John Michael Gross Kristin H. West Membership Records (404) 527-8777 Jennifer Carpenter Kane Pamela Y. White-Colbert Meetings Information (404) 527-8790 Robert Richard Long IV W. Scott Wright Pro Bono Project (404) 527-8763 Professionalism (404) 225-5040 Executive Committee Liaison Sections (404) 527-8774 Laurel Payne Landon Unauthorized Practice of Law (404) 526-8603 Young Lawyers Division (404) 527-8778 Advisor Rebecca Ann Hoelting Manuscript Submissions The Georgia Bar Journal welcomes the submission of Editors Emeritus unsolicited legal manuscripts on topics of interest to the State Bar of Georgia or written by members of the State Rebecca Ann Hoelting, 02-04 Charles R. Adams III, 89-91 Bar of Georgia. Submissions should be 10 to 12 pages, Marisa Anne Pagnattaro, 01-02 L. Dale Owens, 87-89 double-spaced (including endnotes) and on letter-size paper. Citations should conform to A UNIFORM SYSTEM D. Scott Murray, 00-01 Donna G. Barwick, 86-87 OF CITATION (17th ed. 2000). Please address unsolicited articles to: Marcus David Liner, State Bar of Georgia, William Wall Sapp, 99-00 James C. Gaulden Jr., 85-86 Communications Department, 104 Marietta St. NW, Suite Theodore H. Davis Jr., 97-99 Jerry B. Blackstock, 84-85 100, Atlanta, GA 30303. Authors will be notified of the Editorial Board’s decision regarding publication. L. Brett Lockwood, 95-97 Steven M. Collins, 82-84 The Georgia Bar Journal welcomes the submission of news Stephanie B. Manis, 93-95 Walter M. Grant, 79-82 about local and circuit bar association happenings, Bar William L. Bost Jr., 91-93 Stephen E. Raville, 77-79 members, law firms and topics of interest to attorneys in Georgia. Please send news releases and other information to: C. Tyler Jones, Director of Communications, 104 Officers of the State Bar of Georgia Marietta St. NW, Suite 100, Atlanta, GA 30303; phone: Robert D. Ingram President (404) 527-8736; [email protected]. J. Vincent Cook President-elect Disabilities Gerald M. Edenfield Secretary If you have a disability which requires printed materials in alternate formats, please contact the ADA Bryan M. Caven Treasurer coordinator at (404) 527-8700 or (800) 334-6865. Rob Reinhardt Immediate Past President Damon E. Elmore YLD President Headquarters 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 Jonathan A. Pope YLD President-elect (800) 334-6865, (404) 527-8700, FAX (404) 527-8717 Laurel Payne Landon YLD Past President Visit us on the Internet at www.gabar.org. South Georgia Office Communications Committee 244 E. Second St. (31794) P.O. Box 1390 S. Lester Tate III Chairperson Tifton, GA 31793-1390 (800) 330-0446, (229) 387-0446, FAX (229) 382-7435 S. Kendall Butterworth Co-Vice Chairperson Nancy Jean Whaley Co-Vice Chairperson Publisher’s Statement The Georgia Bar Journal (ISSN-1085-1437) is published six times per year (February, April, June, August, October, Communications Staff December) with a special issue in November by the State C. Tyler Jones Director Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, Sarah I. Bartleson Assistant Director Georgia 30303. © State Bar of Georgia 2005. One copy of each issue is furnished to members as part of their State Bar Johanna B. Merrill Section Liaison dues. Subscriptions: $36 to non-members. Single copies: Jennifer N. Riley Administrative Assistant $6. Periodicals postage paid in Atlanta, Georgia and additional mailing offices. Opinions and conclusions expressed in articles herein are those of the authors and not necessarily those of the Editorial Board, Communications Committee, Officers or Board of Governors of the State Bar of Georgia. Advertising rate card will be furnished upon request. Publishing of an advertisement does not imply endorsement of any product or service offered. POSTMAS- TER: Send address changes to same address. State Bar Annual Meeting, Savannah The following is excerpted from Robert D. Ingram’s Presidential Speech at the President 2005 Annual Meeting in Savannah, Ga. By Robert D. Ingram

Greetings with Sen. Saxby Chambliss in Washington D.C., was in the third ustices of the Georgia grade. My daughter, who is now a rising high school senior, and who Supreme Court, members was recently elected as the from the Kennesaw Mountain High School of the judiciary, members J president, had yet to start kinder- of the Board of Governors, and all garten. I remember how excited Kelly and I were when we loaded “Over the last several Georgia lawyers, thanks for giving Ryan and Morgan in the car and headed off to Callaway Gardens to me the privilege of serving this next years, and particularly attend our first Board of Governors last year, there has year as the president of the State meeting. At the time, I was a young part- been a lot of chatter Bar of Georgia. I am both humbled ner in a relatively new Marietta law firm, which I had joined in 1986, and gratified by the opportunity to about the legal two and a half years out of law profession and the lead Georgia lawyers, and agree school. John Moore, Bill Johnson and my father had persuaded me to judiciary. with lawyer Harrison Tweed who leave an Atlanta insurance defense firm to move back to Marietta once said: Unfortunately, that where my family had lived and chatter has caused I have a high opinion of lawyers. worked for four generations. Even with all their faults, they stack I remember being anxious that many to develop up well against those in every other no one would want to hire me to occupation and profession. They are represent them, especially those misconceptions better to work with, play with, fight who knew me as a wild-eyed red about our profession with or drink with than most other neck who had attended Sprayberry varieties of any kind. High School just a few miles down and the justice Starting Out the road from the Marietta Square where our office is located. system.” When I was first elected to serve I had way too much fun in high on the Board of Governors in 1992, school and developed a reputa- my son, who is now a senior at the tion for being a little rowdy. The University of Georgia, and who is best thing that ever came out of spending his summer interning Sprayberry High School is my

4 Georgia Bar Journal lovely wife Kelly. Fortunately her had not seen since graduation unprecedented attack over the last parents had the foresight not to approached me and said, “Ingram, year, lawyers and judges have allow her to date me in high that’s great that you’re a lawyer— never been more energized and school because of my rowdy rep- yeah, and I’m a brain surgeon. willing to get involved. Lawyers, utation. My junior year, while I What are you really doing?” The like most Americans, have a ten- was serving as class president, I only way anyone would believe I dency to be complacent and apa- was suspended three times for was really a lawyer was for Kelly thetic. But after taking a few shots fighting, streaking and drinking. to confirm it. to the head with a ball bat last year, Kelly, on the other hand, was a I am telling you this to simply I sense that lawyers and judges are well-behaved young lady who say, “I can’t believe you’re letting more enthusiastic and willing to was a class beauty on the home- me do this.” get involved than ever before. coming court and the high school Unlike Rob Reinhardt and Bill Winston Churchill once said, cheerleading squad. Barwick, who have distinguished When the eagles are silent the parrots The low expectations Kelly’s par- pedigrees and come from families begin to jabber. ents had for me were appropriately with a long heritage in the legal pro- shared by many others, although fession and on the bench, I was the Over the last several years, and after high school I tried hard to first in my family to graduate from particularly last year, there has clean up my act and eventually per- college. I also tell you this to pre- been a lot of chatter about the suaded Kelly to marry me. pare you for a steep learning curve. legal profession and the judiciary. Unfortunately, that chatter has You’re a Lawyer? Yeah, State Bar Agenda: caused many to develop miscon- and I’m a Brain Surgeon Harnessing Horsepower ceptions about our profession Student loans and Kelly’s job as of Georgia’s Lawyers and the justice system. From my a dental assistant put me through and Judges vantage point, it’s time for the law school, and I will never forget State Bar to harness the tremen- In the 21 years I have been prac- attending my 10-year high school dous horsepower of Georgia’s ticing law, there has never been reunion and seeing the shock on 37,000 lawyers and 1,500 judges more opportunity for the State Bar everyone’s face when they learned by plugging them in to an ongo- to make a positive impact for our that I was a lawyer. In fact, at the ing effort at public legal educa- profession and for the justice sys- reunion, our organizers posted a tion. We also need to be working tem than right now. This is true chart showing what everyone was hard to build relationships with because although our profession doing for a living. I remember one those running the legislative and and the judiciary have been under of my high school buddies who I executive branches of our govern- SOUTH GEORGIA ADR SERVICE, LLC

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August 2005 5 ment so that we can have a voice ...the struggle for constitutional State Bar for public legal education. at the table. government is a struggle for good The plan should seek to mobilize Continuity of laws, indeed, but also for intelligent Bar committees, Bar sections, and independent and impartial courts. Bar staff in: Leadership Q Educating public about the The limitations on what a State America’s Justice importance of independent Bar president can accomplish in System—The Envy of judiciary and the rule of law; one year were summed up by our the World Q Educating public about the crit- General Counsel Bill Smith, who I ical role of lawyers in America’s As participants in America’s jus- once heard refer to a State Bar pres- constitutional democracy; and tice system, no one is better posi- ident by stating: Q Equipping lawyers and judges tioned than us to respond to the to participate in public legal I can endure anything for one year. attacks on the judiciary. We must education. Although I’m sure Bill has that inform the public that a strong and Goal of the Foundations of same thought as I begin my year as independent judiciary is the foun- Freedom Commission will not be president, his comment underscores dation for the freedoms and liber- to improve the image of lawyers, the importance of continuity of ties which make America’s consti- but instead to spread the truth leadership on any program the State tutional democracy the envy of the about how the justice system oper- Bar undertakes if we want to have a world. ates and the important role of long-term, meaningful impact. Helping to educate the public lawyers in making America’s con- about the role of lawyers and Long-Term stitutional democracy work. judges in preserving our constitu- The commission will utilize the Strategy Needed tional democracy, and the services of communication American way of life through the The State Bar needs to develop a experts to help determine the utilization of an independent judi- long-term strategy in which future message and how to effectively ciary is a task which should be bar leaders have ownership. For convey it. shared by all within our profession. that reason, I have been working Together lawyers and judges will II. LAWYER ADVERTISING with Rob Reinhardt, Jay Cook, be a powerful voice in helping to TASK FORCE Gerald Edenfield, Bryan Cavan, spread the truth. and your entire Executive Chair: Mike Bagley Committee in an effort to develop a State Bar Vice-Chair: George Fryhofer Task force created to study long-term strategy to address the Agenda 2005-06 attacks which have become com- lawyer advertising and to advise mon place against our profession Now, let’s talk about how we the State Bar on ways to encourage and the justice system. can utilize the resources of the professionalism in lawyer advertis- I think we all agree that going for- State Bar to begin changing the ing and discourage misleading ward, one of the perpetual missions public’s perception about the jus- lawyer advertising without run- of the State Bar will be to identify tice system and the legal profes- ning afoul of the First Amendment. and create ongoing opportunities sion, and hopefully in the process A 2002 ABA Survey demonstrates for lawyers and judges to help silence a few parrots. that the public views lawyer advertising as over-promising, overly spread the truth about the impor- I. FOUNDATION OF dramatic and targeted toward vul- tance of the rule of law and an inde- FREEDOM COMMISSION pendent judiciary in America’s con- nerable people. No wonder public Chair: Rob Reinhardt stitutional democracy. perception of the legal profession is Vice-Chair: Jay Cook Laws without an independent dropping when consumers are Commission of respected judges, judiciary free from political influ- bombarded daily with unprofes- lawyers, educators, legislators and ence and partisanship are mean- sional and misleading advertise- business leaders created for the ingless. As Georgia lawyer and for- ments. purpose of developing a long-term mer President Woodrow Wilson The Lawyer Advertising Task plan to utilize the resources of the once said, Force will confer with Florida bar

6 Georgia Bar Journal leaders regarding the regulations it ness and utilization of worth- order to begin the mandatory has been utilizing to regulate while programs. Transition into Law Practice lawyer advertisements. The Task IV. PROMOTE PROFES- Program, commonly known as the Force is seeking input from the SIONALISM AND CIVIL- Mentoring Program. The program Chamber of Commerce and the ITY THROUGH THE USE seeks to match every beginning Georgia Self Insurers Association OF THE JUDICIAL DIS- lawyer with a mentor for the first in developing this proposal. TRICT PROFESSIONAL- year after admission to the bar Business leaders need to under- ISM PROGRAM beginning in January 2006. stand that most lawyers would like VI. EXPERT ADVICE Prior to the creation of the JDPP, to encourage professional lawyer FOR LAWMAKERS lawyers and judges had few advertising and prevent mislead- (Legislative Research options when encountering unpro- ing ads as much as they do and that Committee) lawyers are running businesses just fessional or uncivil conduct. Either like they are. file a Bar complaint or a Judicial Chair: Ben Easterlin Qualifications Commission com- Vice-Chair: William Jenkins III. EVALUATION OF plaint. Rude or unprofessional The State Bar will work with STATE BAR PROGRAMS conduct rarely violated rules even executive and legislative branch- Chair: Chris Phelps if a complaint was filed. es of the government to provide Vice-Chair: David Darden Accordingly, lawyers and judges free legal expertise and advice to The State Bar of Georgia has would often do nothing when lawmakers. The newly formed some excellent programs which encountering unprofessional and Legal Research Committee will benefit lawyers and the public. uncivil conduct. assist lawmakers by utilizing However, like any organization, The JDPP uses Board of Governors lawyers with expertise in the programs can lose focus, become members in each of the 10 Judicial area of inquiry to research topics stale, or become inefficient over Districts as local committee members to help ensure lawmakers are time. Over the course of the next charged with the task of investigating better informed when consider- year, the Programs Committee has and acting upon complaints of ing legislation. been charged with taking a fresh unprofessional and uncivil conduct VII. COMMITTEE ON look at all State Bar programs to when a pattern exists. The intake arm THE JUDICIARY determine the following with of the program is the State Bar’s regard to each program: Consumer Assistance Program Co-Chair: Judge Bonnie Oliver Q Annual amount of bar dues (1-800-334-6865). Complaints can be Co-Chair: Terry Sullivan paid by each lawyer to support made anonymously and will be kept Committee on the Judiciary (for- the program confidential if requested. merly Court Futures Committee) Q Cost benefit analysis of the The Judicial District Profession- has been asked to study judicial program alism Committee determines compensation and to prepare a Q Number of lawyers or members whether conduct warrants inter- report on judicial compensation of the public benefiting from the vention and, if so, develops a plan which includes: program on an annual basis to meet with the offending lawyer Q Analysis of judicial compensa- Q The findings will be reported or judge in an effort to persuade tion comparing compensation to the Board of Governors them to alter their conduct. of other states and comparing judges to compensation for with a recommendation as to V. MENTORING / TRANSI- lawyers in private practice; whether the program should TION INTO PRACTICE Q History of judicial pay increas- continue in its current form, be OF LAW PROGRAM modified or ended. es; and Benefits of taking a fresh look at Director: Douglas Ashworth Q Recommendations for proce- Bar Programs include: Committee Chair: John Marshall dure in handling judicial com- Q Ensuring lawyers are getting Work with the committee on the pensation and judicial pay adequate bang for their buck. Standards of the Profession in help- increases. Q Heightening lawyers’ aware- ing to recruit qualified mentors in

August 2005 7 Spreading the Rule of Law Throughout the World By Cliff Brashier

tries, continues to be a model for mbassador James B. drafters of the very newest consti- Cunningham, United tutions to follow. Today, of the 192 independent nations of the world, States deputy perma- A all but a very few have such a con- nent representative to the United stitution or are committed to having one. Nations, commenting on Justice and However, even the best constitu- the Rule of Law in International tion is not worth much if it is not

Executive Director Affairs to the United Nations put into practice, and if an independent judiciary is not permitted Security Council on Sept. 24, 2003, to interpret and enforce it. For our said, “The rule of law is indispensa- purposes, the rule of law can be defined as a system in which the ble to justice, freedom, and econom- laws are public knowledge, are ic development. Moreover, the rule clear in meaning, and apply equal- ly to everyone. Without the rule of of law is indispensable to interna- law, political and civil liberties are tional peace and security abroad. As from the sacrificed, and major economic a nation founded by law, the United institutions such as corporations, banks and governments are not States is the unflagging champion of likely to function. the rule of law. By working together Although the process has been slow, the concept of the rule of law in support of the rule of law, we “Although the rule has been spreading throughout the believe the international community world. Probably the most active region for rule-of-law reform has of law has close ties can strengthen the peace and help been Eastern Europe. Since 1989, to democracy and conflict-ridden societies build a bet- most Eastern European societies capitalism, it still ter future. For two hundred years, have taken significant steps to reform their legal systems. They stands apart as a this has been our firm conviction and have rewritten constitutions and non-ideological practice, and it will remain our first laws and initiated key changes in their legal institutions. The Czech article of faith.” solution.” Republic, for example, has made The legacy of the U.S. major progress on judicial inde- Constitution, the world’s first writ- pendence, and Hungary has recent- ten constitution, which helped dis- ly launched a comprehensive judi- tinguish America from other coun- cial reform package.

8 Georgia Bar Journal Since the early 1980s constitution- school. Even before you get through now under arrest. “Arrest, how can I ally based, elected governments the front door, your mother meets be arrested when I didn’t break the have been established almost every- you with an armload of books. “Take law?” you ask. The officer responds, where throughout Latin America. these back to the library, would you “You did break the law — my law. The region’s governments have please? We’ve got to get them back You are under arrest.” Alarmed, you acknowledged the need for rule-of- today, or they’ll be overdue.” She ask, what happens now? The officer law reform and are taking steps then adds the magic words; “You says, “I try you.” “Try me! You are toward it. Chile and Costa Rica have may take the car if you wish.” Hey not a judge!” The officer says, “I am each made significant progress in that’s all right. You just got your now. You’re guilty. I fine you $25 and reforming their judicial systems. driver’s license. Off you go. costs.” You ask, “How much are the Most governments attempting When you return to your car after costs?” He responds, “Another $25.” rule-of-law reform are not doing so dropping off the books, a police officer But I am not guilty you reply. The on their own, the United States and is standing by your car. Good grief, officer says, “Pay me.” other Western countries have what could be wrong, you wonder? He I encourage you to use this or offered their assistance and expert- hands you a ticket. (With your new your own experience to teach ise. Although the rule of law has driver’s license, you had been really future generations about the rule of close ties to democracy and capital- careful. Before parking you had law. I believe it is the foundation of ism, it still stands apart as a non- checked carefully for “No Parking” freedom that protects American’s ideological solution. In many coun- signs.) You ask, “What did I do life, liberty, property, security and tries, people may argue over the wrong, officer?” The officer says, opportunity. appropriateness of various models “You can’t park here.” You point out Your thoughts and suggestions of democracy or capitalism, but that there isn’t a no parking sign any- are always welcome. My telephone hardly anyone will admit to being where around. The officer replies that numbers are (800) 334-6865 (toll against the idea of law. he just made it a no parking area. You free), (404) 527-8755 (direct dial), You may be asking yourself how contend that he cannot do that. He (404) 527-8717 (fax) and (770) 988- this applies to the State Bar of responds that he can and that you are 8080 (home). Georgia. With the rule of law and the independence of the judiciary

more frequently coming under . g attack, I thought it would be a good r o Consumer d . n reminder to point out how the r a a a American judicial system is still the b a m

Pamphlet r best in the world and continues to g o f f @ r be used as a model for other coun- r r e e d tries to follow. Series f i r n Public education about our sys- o The State Bar of Georgia’s Consumer Pamphlet o n n e

Series is available at cost to Bar members, non- j

tem of justice is an important part a j a l r of the mission of the Bar Center Bar members and organizations. Pamphlets are i a o f f

with school students visiting dur- individually priced at 25 and 75 cents each plus m -m g r shipping. Questions? Call (404) 527-8761. e ing field trips. In an effort to make e o r . r their experience as informative and o o The following pamphlets are available: a n memorable as possible, we will use b o a

Auto Accidents Bankruptcy Buying a Home i t g

role playing, scripted mock trials . Divorce How to Be a Good Witness How to a w

and interactive discussions to show m r Choose a Lawyer Juror's Manual Lawyers and w o f

them the important role of law in w w

Legal Fees Legal Careers Legal Rights of Nursing n t i i

their lives. The script is designed to i s i Home Residents Patents, Trademarks and e r

lead into a discussion of the rule of V o law. An example scenario follows: Copyrights Selecting a Nursing Home Selecting m It’s a beautiful April afternoon. a Personal Care Home Wills You’ve just arrived home from

August 2005 9 An Important Cog in the YLD Wheel By Damon E. Elmore President

o, I have to sit down

and prepare a column

YLD S for the Georgia Bar Journal—my first. In an effort to

ensure I don’t fail too miserably

against my predecessors, I go

through nine years worth of

Journals, taking the temperature of Beginning as the Celebration of

from the Educational Excellence, the Young what is expected of me. Lawyers Section’s Children’s Legal It was a revealing task, learning, Advocacy Coalition helped the to our credit, that we have con- Department of Family and stantly remained focused on the Children Services recognize the development of young lawyers. We academic accomplishments of stu- talked a bit about our goals and our dents graduating from high school “Our future will be plans. We talked about the “image” and college. In the early years, as and “perception” of the profession. “few” as 72 students from 12 metro sound if we have I reflected upon and considered counties were honored. On June 16, new lawyers who selling the value of mentoring, as 344 students crossed the stage. my friend Ross Adams did when he You should understand why we aren’t afraid to was YLD president in 1998-99. remain committed to this program persevere, despite Yeah... I should talk about those and why it is more than a gradua- things: outline my plan for the tion ceremony. The students obstacles or 2005-06 Bar year, talk about our involved were removed from their goals. So, casting all journalistic homes often and attended several detractors; and new style guides aside, here we go! schools prior to graduation. Despite lawyers who enjoy But first it is another cog in the these facts, and as some of the grad- YLD wheel that I want to cele- uates would share, against obsta- what they do brate—the one that serves as the cles and the discouragement of inspiration for this column. For naysayers, they managed to accom- and don’t take it more than 13 years the YLD, plish their educational goals. Good for granted.” through its Juvenile Law for them? You bet! To hear their sto- Committee, has been a major spon- ries and see their faces when they sor of the Celebration of Excellence. soak-in their accomplishment, no

10 Georgia Bar Journal doubt. Good for us? Absolutely! family may need. More important- A-AA-AA But not in the “pat ourselves on the ly, with a CLE component at each ATTORNEY REFERRAL SERVICE back” sort of way. Our participa- and an opportunity to network, tion with the COE, as well as with these meetings can be invaluable Is your phone ringing like it all of the other YLD committees to your professional development. used to? Last month we and events, should be viewed as We encourage your attendance— referred over 17,000 callers to our attorneys. Are you ready to the image and perception of the YLD member or not. We look for- start getting referrals? profession. There it is. ward to doing our good work. I Call us today! See, we don’t do it for the news- am confident our committees will paper articles so much. The YLD do that. We have good plans for (800) 733-55342 COE trailblazers, the current com- our Leadership Academy, headed- 24-hhour paging: mittee chairs, Melissa Dorris, Amy up by our Immediate Past (888) 669-44345 Howell and Brooke Silverthorn, President Laurel Payne Landon. and countless volunteer committee So, look for our newsletter and members, didn’t do it for the other communications. Watch for money. They did it, we do it, us having “as much fun as human- because my colleagues in this Bar ly possible,” as Henry Walker set live as an example. Our roles as out to do in 1996-97. Notice how counselors, advocates and leaders we maintain the positive image of do not survive on a retainer or this profession. cease at 6 p.m., (or whenever your day wraps up). This is not often sensationalized and others don’t 2005-06 get that. But it won’t alter our Meeting path—we advocate for good. Here’s another reason why we Schedule benefit from events like this. I NEW HOME would be honored and truly hope Summer Meeting CONSTRUCTION that any of these students some Aug. 26-28, 2005 COMPLAINTS day join us as members of this Bar. Charleston Place Hotel In fact, many said they want to be Charleston, S.C. Residential Construction lawyers. Our future will be sound & Development Expert if we have new lawyers who aren’t Fall Meeting • Code & Inspection Compliance afraid to persevere, despite obsta- Oct. 21-23, 2005 Foundry Park Inn & Spa • Cost/Quality Analysis cles or detractors; new lawyers Athens, Ga. • Materials & Labor who enjoy what they do and don’t Evaluation take it for granted; new lawyers 770-922-4411 Midyear Meeting www.danielturnerbuilders.com who understand a bit of adversity Jan. 6-8, 2006 and can sympathize with a client’s Renaissance Waverly Hotel SENTENCING CONSULT@TION concerns; and new lawyers who Atlanta, Ga. are proud of it all. We will. We do. & @PPE@LS Now, those “goals.” By the time Spring Meeting WHEN IT’S TIME FOR A this hits your desk, our officers April 20-23, 2006 CHANGE and directors will have met. We MGM Grand Hotel and Casino Georgia and All Federal Circuits look forward to this year. Our Las Vegas, Nev. FEDERAL CRIMINAL LAW YLD meetings, the opportunity to CENTER Annual Meeting conduct the division’s business, Voice: 404-633-3797 June 1-4, 2006 are listed with this article. Each is Fax: 404-633-7980 in an attractive location for that The Westin Resort www.MSheinLaw.com “mini-vacation” you and your Hilton Head, S.C. [email protected]

August 2005 11 A Re-Evaluation of Arbitration In Light of Class Actions and Appeal Rights— By Christopher P. Galanek and Jennifer B. Dempsey Is It Still Worth It?

ver the last 20 years, the use of arbitration has increasingly gained

in popularity as a means to resolve disputes among parties to com- O mercial transactions. Proponents urge that the advantages of arbitration over traditional litigation in a court are many. The advantages they tout

include that arbitrators have more particularized experience to address the parties’

needs in a complex dispute than a judge, that the arbitration forum is private and

confidential, that the risk of “home-cooking” is reduced, and that the parties have

more control over possible remedies than if a judge or jury is making the remedy

12 Georgia Bar Journal determination. Most importantly, less costly and takes less time needs nies like JAMS, the possibility of a to be evaluated. Increasingly, attor- class action arbitration is real and proponents of arbitration have neys are advising their clients sim- palpable. Now businesses are faced insisted that arbitration costs less ply to avoid using arbitration claus- with arbitrating class-wide dis- es in contracts because the advan- putes that they never contemplated than going to court and leads to a tages of arbitration are simply not would be addressed in arbitration, being realized. by arbitrators wholly unfamiliar quicker resolution of disputes. In the past few years, several with the procedure for adjudicat- Of course, as arbitration has developments have occurred that ing issues related to class actions. evolved, and as attorneys increas- again call into question the utiliza- The United States Supreme Court ingly use arbitration as a method to tion of arbitration as a means of changed the landscape of class-wide resolve disputes, disadvantages dispute resolution. One develop- arbitration with its decision in Green have arisen that undermine the ment that will make businesses less Tree Financial Corp. v. Bazzle.1 Before conclusion that arbitration costs likely to subject themselves to the the decision in Bazzle, whether a less and takes less time. Attorneys uncertainties of arbitration is the class-wide arbitration could pro- comfortable with solving disputes recent rise of class-action arbitra- ceed pursuant to an arbitration in the courtroom often find it diffi- tions. This development could sig- agreement was a decision for the cult to modify their approach to nificantly impact the manner in court. The vast majority of federal dispute resolution to take full which Georgia attorneys have courts had determined that where advantage of the cost and time-sav- approached class actions since the an arbitration agreement did not ing potential of the arbitration General Assembly first passed the specifically provide for class-wide forum. Attorneys often find it diffi- class action statute in 1966. A sec- arbitration, the parties must not cult to restrict the scope of the tra- ond development—the Georgia have intended class-wide arbitra- ditional discovery process, or to General Assembly’s amendment to tion to occur, and thus, a class-wide forego the discovery process alto- Georgia’s statute regarding appeal- arbitration could not occur. In gether, to minimize time and ing an arbitrator’s award—may, expense. The natural inclination of however, actually make critics of many attorneys is to utilize tradi- the process more comfortable with tional discovery methods to learn arbitration in Georgia. These two whatever they can about their developments are discussed fur- opponent’s case before the ultimate ther below. adjudication of the matter. Recent Development— Other disadvantages, separate and apart from how attorneys use The Threat and the arbitration process, have also Uncertainty of Class- come to light. Disappointment in Wide Arbitration the perceived tendency that arbitra- For years, the possibility that a tors too often “split the baby” when party would be required to defend deciding a dispute has led to an a class action in an arbitration increasing dissatisfaction with arbi- forum was not a real threat to busi- tration by some members of the bar. nesses that used arbitration clauses Other perceived disadvantages in their contracts. That has now include the fact that summary judg- changed. With a 2003 decision by ment is often not allowed and the the United States Supreme Court limited right of appeal of an arbitra- and the adoption of the American tor’s award. As attorneys increas- Arbitration Association’s (AAA) ingly approach arbitration as mere- Supplementary Rules for Class ly another forum in which to con- Arbitration, as well as the policies duct full-blown litigation, the ques- on class action arbitration issued tion of whether arbitration is really by commercial arbitration compa-

August 2005 13 Bazzle, however, the Supreme Court class-wide arbitration, then the awaits further guidance from the sharply changed directions and class-wide arbitration process can courts on this issue. held that where an arbitration proceed. Several of these arbitra- As of the date of this publica- agreement is silent on the issue of tors noted that, based on decisions tion, and since the AAA promul- class-wide arbitration, the question from a minority of states (three in gated its Supplementary Rules on of whether a class arbitration can total), even if an arbitration clause Oct. 8, 2003, 68 class action arbitra- proceed pursuant to an arbitration expressly excluded class-wide arbi- tion demands have been filed agreement is a decision for an arbitration, the arbitration clause might before the AAA. trator rather than a court.2 well be unconscionable.5 The AAA’s Supplementary Rules The Bazzle decision summarized Pitfalls in the AAA’s provide for a three-tiered proce- the types of decisions in which dure in determining class-wide courts have assumed in the past Procedure for arbitrations. In the first phase—the that parties to an arbitration agree- Conducting Class-Wide clause construction phase—the ment intended the courts—rather Arbitrations arbitrator must determine the than an arbitrator—to decide. Shortly after the Supreme threshold matter of whether an Those types of decisions include Court’s decision in Bazzle, the AAA arbitration clause permits an arbi- matters such as “whether the par- wrote and adopted its tration to proceed on behalf of or ties have a valid arbitration agree- Supplementary Rules for Class against a class. If the arbitrator ment at all or whether a conceded- Arbitration (the Supplementary determines that the arbitration can ly binding arbitration clause Rules). The AAA’s stated policy is proceed as a class action, then the applies to a certain type of contro- as follows: arbitrator must determine in the versy.”3 The court concluded that second phase whether to certify a the question of whether class-wide The American Arbitration class. After each of these first two arbitration was allowed was not a Association will administer steps in the class arbitration proce- question that fell within one of demands for class arbitration dure, the arbitrator stays the pro- those narrow categories. The rele- pursuant to its Supplementary ceedings for 30 days to allow either vant question, the court concluded, Rules for Class Arbitrations if (1) party to seek redress in the court for is “what kind of arbitration proceed- the underlying agreement speci- the arbitrator’s decision. It is in the ing the parties agreed to,” which fies that disputes arising out of arbitrator’s discretion whether to does not concern state or judicial the parties’ agreement shall be stay the arbitration proceedings procedures, but rather contract resolved by arbitration in accor- until a court has an opportunity to interpretation and arbitration pro- dance with any of the evaluate and rule whether the arbi- cedures. “Arbitrators are well situ- Association’s rules, and (2) the trator’s award should be vacated. ated to answer that question.”4 agreement is silent with respect Finally, in the third phase of the The practical effect of the Bazzle to class claims, consolidation or class-wide arbitration, the arbitra- decision is that, where previously joinder of claims. tor addresses and determines the class arbitration was only allowed The Association is not currently merits of the case. if parties expressly consented to accepting for administration The Supplementary Rules also such a procedure in their contracts, demands for class arbitration provide that “[t]he presumption of now, class-wide arbitration can where the underlying agreement privacy and confidentiality in arbi- proceed even in the absence of such prohibits class claims, consolida- tration proceedings shall not apply express consent. To date, according tion or joinder, unless an order in class arbitrations.”6 Despite to the AAA’s public docket pub- of a court directs the parties to whether the arbitration clause in a lished on its Web site, the over- the underlying dispute to submit contract provides that all arbitration whelming majority of AAA arbitra- their dispute to an arbitrator or proceedings shall be kept confiden- tors addressing this issue have to the Association. The arbitra- tial, information regarding the dis- decided that if the contract does bility of class arbitrations where pute—including a copy of the not expressly provide for or pro- the parties’ agreement precludes demand filed and any awards issued hibit class arbitration, or in other such relief is a developing area by the arbitrator—are provided on words is “silent” on the issue of of the law, and the Association the AAA’s Web site for all to see.

14 Georgia Bar Journal Because the AAA has been parties’ intent regarding class arbi- Perhaps the most striking pitfall administering class arbitrations tration when rendering decisions. of the AAA’s class action proce- pursuant to its Supplementary Rule 3 of the Supplementary Rules dures is that in several of the 68 Rules only since late 2003, the AAA provides: class action demands that have and its arbitrators do not yet have a been filed since the Supplementary In construing the applicable baseline of knowledge or opinions Rules have been in place, the AAA arbitration clause, the arbitrator upon which to rely when rendering has taken the position that a sepa- shall not consider the existence decisions related to class arbitra- rate class action arbitration demand of these Supplementary Rules, or tions. In the majority of arbitration may be filed on behalf of each and any other AAA rules, to be a fac- clauses construed by AAA arbitra- every potential named claimant or tor either in favor of or against tors in the class arbitration context class member. In light of this posi- permitting the arbitration to pro- thus far, the arbitrators have con- tion, a separate arbitrator must ceed on a class basis.7 cluded that the arbitration clauses hear each separate class action at issue did not preclude a class- The Supplementary Rules specifi- demand filed, in a separate pro- wide arbitration from proceeding. cally direct the arbitrator to disre- ceeding, unless the claimants con- In the one arbitration where the gard whether the parties contem- sent to consolidation into one class AAA arbitrators determined that plated the availability of class action action proceeding. the arbitration clauses at issue did arbitrations when deciding whether The filing of separate class action preclude a class-wide arbitration, the parties intended to allow a class arbitration demands, each setting the arbitrator determined that action arbitration to proceed. Even forth the exact same allegations, although the clause showed no where it is clear that nothing within each seeking to certify the same intention of precluding class arbi- the rules of the AAA indicated that class, and each being decided by a tration, the clause did provide for a class treatment was appropriate or separate arbitrator, can impose sig- $100,000 ceiling on arbitration allowed by the AAA at the time the nificant hardships on potential jurisdiction. Because the demand parties to a contract agreed to be class defendants and destroy the was for greater than $100,000, the bound by a particular arbitration efficiency of the arbitration process arbitrator determined the class clause, the AAA expressly forbids its altogether. In addition to having to claims could not be arbitrated in arbitrators to consider this informa- pay for attorneys to assert the exact that case. Only one AAA arbitrator tion. Notwithstanding the AAA same arguments, prepare similar has, in a dissent, acknowledged Supplemental Rules, an argument briefs, and attend similar hearings that there were provisions in the can certainly be made that parties for multiple cases, defendants are parties’ contract which showed who agreed to be bound by an arbi- also required to pay fees to multi- that the parties intended that their tration clause could not have intend- ple arbitrators. Essentially, the disputes be resolved by arbitration ed to participate in a class arbitration AAA’s current interpretation of its between them separately and indi- when the AAA’s rules did not pro- Supplementary Rules gives vidually, and not by class arbitra- vide for such a thing at the time they claimants’ counsel multiple bites at tion, and thus, class arbitration was entered into the contract. the same apple—multiple opportu- not appropriate under the parties’ contract. The majority of the AAA awards The rendered thus far, and indeed the Supplementary Rules themselves, winning edge NLRG National Legal Research Group lead to the conclusion that the par- CHARLOTTESVILLE, VIRGINIA ties’ intent at the time they entered for Georgia Put us to work helping you win today. into the contracts at issue is not attorneys 1-800-727-6574 or [email protected] necessarily a relevant considera- Fast, Affordable, Specialized tion. For example, an argument can since Research, Writing and Analysis be made that the AAA’s For more information, and to see what your Supplementary Rules specifically 1969 peers are saying about us: www.nlrg.com require arbitrators to disregard the

August 2005 15 nities to have the same, identical statute. In Executech Systems Inc., et deviated from its core value of neu- issue decided—hoping that in at al. v. U.S. Bancorp,8 the State Court trality. We want to reaffirm to all of least one of several proceedings an of Fulton County recognized the our constituencies that we have a arbitrator can be convinced to certi- absurdity and wastefulness of hav- fundamental responsibility and fy a class. The AAA has refused to ing to defend five identical class commitment to absolute neutrality require that separate, yet identical, demands before the AAA at the and the highest ethical and profes- class action demands be consoli- same time and agreed to stay all sional standards.”10 dated and heard by one arbitrator but one of the class-wide arbitra- The AAA also issued a “com- in one proceeding. tions. Other than allowing parties mentary” to its Supplementary A number of different, inconsis- to seek redress in the courts to rem- Rules on February 18, noting, in tent results are therefore possible edy the problems with the AAA’s part, that the enforceability of class under the Supplementary Rules. Supplementary Rules, the AAA action waivers in arbitration claus- For example, arbitrators in the first has been unwilling to address the es was an unsettled issue in the three of four identical actions filed problems with the Supplementary courts. The commentary states: could determine that the arbitration Rules as they currently stand. “The Association’s determination clause to which the parties agreed JAMS—The Resolution not to administer class arbitra- does not permit a class action arbi- tions where the underlying arbitration, while the arbitrator in the Expert’s Approach to tration agreement explicitly pre- fourth action could then determine Class Action Arbitrations cludes class procedures was that the same arbitration clause to Shortly after the Bazzle decision, made because the law on the which the parties agreed does per- JAMS announced that even if an enforceability of class action mit a class action arbitration. It is arbitration clause expressly prohib- waivers was unsettled; the also possible that the arbitrators in ited class action arbitrations, JAMS Association takes no position as the first three actions could refuse would still permit class action arbi- to whether such clauses are or to certify a class, while the arbitra- trations to go forward. This decision should be enforceable. In a recent tor in the fourth filed action could met with immediate criticism from review of this practice by the grant class certification. the corporate clients that utilized Association’s Executive Given the AAA’s interpretation of JAMS’s arbitration services. Committee it was agreed that this its Supplementary Rules and poten- In March, JAMS withdrew that practice should be maintained in tial claimants’ likely refusal to con- policy and instead announced that light of the continued unsettled sent to consolidation, counsel for state of the law. Courts in differ- claimants could potentially file an “[r]ecent court decisions on the ent states and different federal cir- identical class action demand on validity of class action preclusion cuits have reached differing con- behalf of each and every purported clauses have varied by jurisdic- clusions concerning the preclu- class member until finding an arbi- tion. In this legal environment, sion of class actions by agreement trator willing to certify a class. The our attempt, as a national ADR and ‘gateway’ issues generally.” AAA has refused to recognize that provider, to bring uniformity to its application of the Supplementary the administration of class wide In light of the unsettled nature of Rules flies in the face of the very arbitrations stemming from these the law and procedure regarding purpose for class actions: to litigate clauses has created concern and class action arbitrations, this is an claims economically based on the confusion about how the policy area of contract interpretation of same transaction and occurrence at would be applied. Accordingly, which attorneys should take care- one time. we are retracting the previously ful consideration in consulting One potential avenue to consider announced policy and reaffirm with their clients. when a client is faced with such a that JAMS and its arbitrators will Vacating an situation is to appeal to the sensi- always apply the law on a case by 9 Arbitrator’s Award in bilities of a judge more familiar case basis in each jurisdiction.” Georgia Courts than the AAA’s administrative JAMS noted in its press release team with the purpose and proce- on the issue that its previous policy The Georgia General Assembly’s dure of Georgia’s class action “suggested to some that JAMS had amendment to Georgia’s statute

16 Georgia Bar Journal

Traditionally, the Georgia General Assembly Conclusion and the Georgia courts have given deference The recent developments in the law of arbitration have highlighted to arbitrators’ decisions where parties to a how imperative it is that careful consideration be given to the draft- dispute have voluntarily submitted their ing of an arbitration clause included in a commercial or consumer claims to arbitration. contract. While in the past simply demonstrating an intent to arbitrate regarding appealing an arbitrator’s due to his manifest disregard for a dispute was sufficient, now con- award may actually make critics of the law because manifest disre- sideration must be given regarding the arbitration process more com- gard was not one of the four how the intent of the parties is artic- fortable with arbitration in grounds that the Georgia General ulated concerning whether, and Georgia. Traditionally, the Georgia Assembly listed in the arbitration under what circumstances, arbitra- General Assembly and the Georgia code as grounds for vacating an tion should be provided for in a courts have given deference to arbitrator’s decision at that time.14 contract, the availability of class arbitrators’ decisions where parties In response to the court’s deci- action arbitrations in such a pro- to a dispute have voluntarily sub- sion in Progressive Data Systems, ceeding, and the forum in which mitted their claims to arbitration.11 the Georgia General Assembly the arbitration should occur. For years, the Georgia statute amended the arbitration code to addressing the vacatur of an arbi- allow for greater flexibility in Chris Galanek is a trator’s award provided that an appealing an arbitrator’s deci- partner in Powell arbitrator’s award could be vacat- sion—specifically, to allow for Goldstein, LLP's ed only if the court found the par- vacatur of an arbitrator’s decision Business Litigation and ties’ rights were prejudiced by cor- based upon the arbitrator’s “mani- Arbitration Group. ruption, fraud or misconduct in fest disregard of the law.”15 The Galanek graduated procuring the award, the partiality Georgia General Assembly added from the University of Georgia of the arbitrator, an overstepping the arbitrator’s “manifest disre- School of Law in 1991 and his of the arbitrator’s authority, or gard of the law” in O.C.G.A. § 9-9- practice focuses on commercial failure of the arbitrator to follow a 13 as a fifth ground for vacatur of disputes, business torts, class action defense, the enforcement procedure of the Georgia an arbitrator’s award. of post employment competitive Arbitration Code.12 The statute Since the amendment of restrictions and the development did not provide for vacatur of the O.C.G.A. § 9-9-13, no Georgia of discovery compliance programs. arbitrator’s award in the situation case has specifically explained where the arbitrator simply got what the General Assembly Jennifer Dempsey is the law wrong. Despite the meant by “manifest disregard of an associate in Powell express language of the statutes, the law.” Georgia cases decided Goldstein, LLP's for years some Georgia courts had prior to Progressive Data Systems, Products Liability permitted vacatur of an arbitra- Inc., however, may be instructive Litigation Group. tor’s award where the arbitrator on this point. “[T]o manifestly Dempsey graduated manifestly disregarded the law of disregard the law, one must be from Georgia State University the state of Georgia. In 2002, how- conscious of the law and deliber- College of Law in 2000 and her ever, the Supreme Court of ately ignore it.”16 It remains to be practice focuses on a variety of general commercial matters, Georgia ended this practice. In seen whether some of the issues including products liability litiga- Progressive Data Systems, Inc. v. related to giving credence to the tion, commercial contract disputes, Jefferson Randolph Corp.,13 the parties’ intent in relation to class insurance and surety litigation, Supreme Court of Georgia held action arbitrations will rise to the and class action defense in the that Georgia courts could no level of the arbitrator’s “manifest courts and arbitration settings. longer, as they had been doing for disregard of the law” under Dempsey is active in the State years, vacate an arbitrator’s award Georgia law.17 Bar's Young Lawyers Division.

18 Georgia Bar Journal Endnotes 1. 539 U.S. 444 (2003). 2. Id. at 452-53. 3. Id. at 452. 4. Id. at 453. 5. The Eleventh Circuit, however, does not follow this view. In Jenkins Unlock v. First American Cash Advance of Georgia, LLC, 400 F.3d 868, 875 (11th your Cir. 2005), the Eleventh Circuit recently held that “arbitration agreements precluding class action are valid and enforceable.” 6. American Arbitration Association, Supplementary Rules for Class Arbitrations, Rule 9, adopted Potential October 8, 2003, available at Sign up for the Women & Minorities in the http://www.adr.org. 7. American Arbitration Association, Profession Committee’s Speaker Clearinghouse Supplementary Rules for Class Arbitrations, Rule 3, adopted October 8, 2003, available at http://www.adr.org. 8. Civil Action No. 01VS026566G. 9. Press Release, JAMS Reaffirms Commitment to Neutrality Through Withdrawal of Class Action Arbitration Waiver Policy (Mar. 10, 2005), available at http://www.jamsadr.com. 10. Id. 11. See Humar Properties, LLLP v. Prior Tire Enterprises, Inc., 270 Ga. App. 306, 605 S.E.2d 926, 927 (2004) (“In deciding whether to confirm or vacate an arbitration award, a trial court’s role is severely curtailed so as not to frustrate the purpose of avoiding litigation.”). 12. O.C.G.A. § 9-9-13 (2005). About the Clearinghouse 13. 275 Ga. 420, 568 S.E.2d 474 (2002). 14. Id. at 421 (“Inasmuch as the Code The Women and Minorities in the Profession does not list ‘manifest disregard of Committee is committed to promoting equal the law’ as a ground for vacating an arbitration award, it cannot be participation of minorities and women in the used as an additional ground for legal profession. The Speaker Clearinghouse is vacatur.”). 15. See Audio Recording of House designed specifically for, and contains detailed Proceedings (Feb. 12, 2003), avail- information about, minority and women able at http://www.ganet.org. 16. Ralston v. City of Dahlonega, 236 Ga. lawyers who would like to be considered as facul- App. 386, 390, 512 S.E.2d 300, 304 ty members in continuing legal education programs (1999), quoting Montes Securities v. Professional Planning Ass’n, 857 and provided with other speaking opportunities. For F.2d 742, 747 (11th Cir. 1988). www.gabar.org. 17. See also John W. Hinchey & Thomas more information and to sign up, visit V. Burch, Georgia General Assembly To search the Speaker Clearinghouse, which provides Adopts “Manifest Disregard” as a Ground for Vacating Arbitration contact information and information on the legal experi- Awards: How Will Georgia Courts ence of minority and women lawyers participating in the Treat the New Standard?, GA. BAR J., Feb. 2004 at 11 (analyzing the mani- program, visit www.gabar.org. fest disregard standard).

August 2005 19 Barnes v. Turner: An “E-Turner-ty” of Liability for Lawyers? By J. Randolph Evans and Charles R. Adams III tatutes of limitation find their justification in necessity and convenience S rather than in logic. They represent expedients, rather than principles. They are practical and pragmatic devices to spare the courts from litigation of stale

claims, and the citizen from being put to his defense after memories have faded, witnesses

have died or disappeared, and evidence has been lost…. They are by definition arbitrary, and

their operation does not discriminate between the just and the unjust claim, or the [a]void-

able and unavoidable delay.1 What do the following scenarios have in common? In 1994, Lawyer A obtains a judgment in favor of his Client B. The judgment is duly recorded on the general execution docket, but at the time of recording, the defendant has no assets to satisfy the claim. Seven years pass, the fi.fa. is never renewed, and the judgment becomes dormant and loses priority.2 In 2003, the original defendant comes into an inheritance that would be substantial enough to satisfy the judgment in favor of B, but not when all of the defendant’s other creditors who have acquired subsequent priority have inter- vened. In 1990, Lawyer C writes a will for Client D, setting up a testamentary scheme in favor of D’s children. D is unmarried at the time, and C fails to advise him that remarriage will revoke his will. D subsequently remarries in 2001. Thereafter, D dies, and his children discover that, because of his remarriage, the 1990 will is invalid and D’s testamentary scheme is frustrated.3 What these two scenarios, as well as numerous others, have in com-

20 Georgia Bar Journal mon is that, despite the apparent renewed. No renewal statements tions were measured from the clos- expiration of the usual four-year were filed, and on Oct. 30, 2001, the ing date, it would have expired. statute of limitations that applies in original financing statements However, to reach its result, the legal malpractice cases,4 the attor- expired. Prior to expiration, but court adopted a separate, or neys in both cases could now before the time for renewal, other springing, duty theory, under potentially be subject to liability creditors filed UCC financing state- which the failure of the attorney to because of the Supreme Court of ments, which upon the expiration perform one duty to the client (to Georgia’s recent four-to-three rul- of the client’s financing statements inform of the renewal requirement) ing in Barnes v. Turner.5 became senior secured positions. triggered a separate duty for the On Oct. 18, 2002, the client filed an attorney (to renew the financing THE CASE action against the attorney for legal statement himself). According to The facts in Barnes v. Turner are malpractice. Although the client the court, this separate duty was relatively simple. Plaintiff (the brought his case more than four then breached by the attorney’s client) retained defendant (the years after the closing, the trial failing to renew the financing state- attorney) to represent him in the court and the Georgia Court of ment himself, and the statute of sale of his company. At the closing Appeals held that the applicable limitations began running from on Oct. 1, 1996, the purchasers exe- four-year statute of limitations that point. 6 cuted a 10-year promissory note barred the action. The Supreme The premise for the court’s that was secured by a lien. On Oct. Court of Georgia reversed. analysis was a determination, cit- 30, 1996, the security interest was The court held that by failing to ing precedent from other jurisdic- perfected by the filing of UCC inform the client of the renewal tions, that a closing attorney must financing statements. Importantly, requirement, the attorney “under- at least file original UCC financing the attorney did not inform the sell- took a duty to renew the security statements, even absent direction 7 8 er-client that the financing state- interest himself.” Significantly, in from the client. From this basis, ments were only effective for five reaching its result, the court con- the court extended the closing years, although they could be ceded that if the statute of limita- attorney’s duty to hold that if the

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August 2005 21 Although the majority opinion in Barnes Addressing the continuing representation issue, the dissent noted does not purport to overrule any specific that the attorney had continued to represent the client in legal mat- prior decisions, it certainly unsettles a vast ters, but he was not “engaged on an ongoing basis to protect [the body of case law in Georgia regarding the client’s] interests in all legal matters which arose or might have commencement of statutes of limitations. arisen.”16 The majority’s assertion that, because of his representation financing statements require made clear that the 1996 failure to of the client at the closing, the attor- renewal before full payment is inform about the duty to renew the ney assumed a duty that might not made to the seller, then the attor- financing statement created or manifest itself for five years, is tan- ney has duties regarding the gave rise to a separate duty to per- tamount to an espousal of the “con- renewal.9 In defining the scope of form in 2001, which was breached tinuing representation rule,” which the closing attorney’s duties, the when the closing attorney failed to Georgia courts have routinely court held that there are two means renew the financing statement at its rejected in malpractice cases.17 by which an attorney can fulfill his expiration.12 Justice Benham went on to iden- duty in connection with a closing: tify a number of serious potential, inform his client of the renewal PROBLEMS albeit unintended, consequences of requirement or renew the financing PRESENTED the holding in Barnes: statement himself.10 In Barnes, the attorney did nei- The dissent in Barnes quickly rec- The majority thus creates new ther. His original breach of duty, in ognized a plethora of problems pre- duties that could outlast not only 1996, was a failure to inform his sented by the majority holding. the period of the attorney-client client of the renewal requirement. Writing for three members of the relationship, but even the attor- Thus, a claim based solely on this court, Justice Benham pointed out ney’s life … and it destroys any failure to inform would have been that “[f]or the purpose of ensuring notion of finality attorneys may barred by the statute of limitations recompense for a client who may hope to have in any aspect of in 2000, four years after the breach. have been caused a grievous finan- their employment. No attorney The attorney’s second alleged cial loss by his attorney’s alleged can safely close a file and, appar- breach, however, was a failure to failure to perform a simple duty, a ently, no passage of time can perform by not renewing the majority of this court has ignored insulate a mistake since the very financing statement. This breach pertinent law and created a new happening of a mistake creates, occurred upon the expiration of the species of duties which arise not under the majority’s view, original financing statements in from employment but from the another duty. Under the condi- 13 2001 and thus was less than four occurrence of an initial mistake.” tional duty concept created from years prior to the filing of the The dissent observed that the major- the whole cloth by the majority, client’s action. Accordingly, the ity started with the premise, based for which no authority or valid court found that the statute of limi- on an unsupported assumption reasoning is offered, any change tations on this second breach had instead of reasoning or law, that an in employment status must trig- not expired. attorney has a duty to maintain, and ger a full examination of every Interestingly, the court went to not just to create, a security interest past transaction to be sure some 14 great lengths to reject any sugges- for his client. Noting that the attor- inadvertence in the past has not tion that it was adopting the “con- ney was employed only to handle created a new duty which would tinuous representation rule,” stat- the closing of the sale of the busi- start a period of limitation run- ing, “[w]e are not holding that a ness, which included filing the UCC ning again.18 financing statements, the dissent failure to inform by [the attorney] The dissent also noted that mal- argued that the attorney “breached in 1996 was a continuing wrong practice insurers will not be able to the duties arising from that employ- that tolled the statute of limitations make accurate assessments of legal 11 ment, or did not, at that time.”15 until 2001.” Instead, the court malpractice exposures because, 22 Georgia Bar Journal under the majority opinion, neither America22 in 1978, the court clearly limitation and thus the cause of attorneys nor their insurers would stated the applicable standard: action then arises.”24 The Court of even know that a new duty existed The test to be applied in deter- Appeals in Barnes had relied upon until after damage has manifested mining when the statute of limi- this line of authority in its determi- from the original mistake. tations begins to run against an nation that the statute of limita- Inevitably, this will lead to higher action sounding in tort is in tions commenced to run in 1996, so premiums, which are simply whether the act causing the dam- it is arguable that the above-quoted passed on to clients. Over time, the age is in and of itself an invasion authorities may have been over- impact of the majority opinion of some right of the plaintiff, and ruled sub silentio. will trigger further consolidation of thus constitutes a legal injury the practice of law into larger and and gives rise to a cause of SUGGESTED larger firms, which have the action. If the act is of itself not SOLUTIONS resources to prevent the smallest unlawful in this sense, and a oversights and will use narrowly recovery is sought only on At this early stage, it is impossi- drafted engagement letters that account of damage subsequently ble to assess the full impact of restrict the scope of representation accruing from and consequent Barnes, but there are several things to only those tasks for which the upon the act, the cause of action lawyers should do at once. firm is hired. In the end, the dis- accrues and the statute begins to Engagement letters and fee consent concluded, small business run only when the damage is tracts should be revised in at least owners, like the plaintiff in this case sustained; but if the act causing three important ways. Number that the majority purported to such subsequent damage is of one, lawyers should revise the protect, will suffer the most dam- itself unlawful in the sense that it scope of representation paragraph, age from the majority’s rule.19 constitutes a legal injury to the which lays out what it is that the In essence, the dissent conclud- plaintiff, and is thus a completed firm has agreed to do on behalf of a ed, the majority in Barnes invented wrong, the cause of action particular client. Attorneys need to a perpetual duty to ensure payment accrues and the statute begins to add a provision that they are to the client. The dissent accurately run from the time the act is com- undertaking the employment to noted this “vast extension of the mitted, however slight the actual perform only the tasks that fall attorney’s duty,” which now damage then may be.23 within the scope of the representa- appears to be, “in some unspecified Likewise, many legal malprac- tion, not to achieve or to guarantee fashion, to ascertain the full extent tice cases, including one decided any particular result. of the client’s ‘objectives’ in under- by the Court of Appeals since Second, engagement letters must taking the transaction and then take Barnes, have held that “since nomi- specifically address the Barnes con- whatever actions are necessary to nal damages arise upon the com- cept of duty as it relates to the ter- see that the objectives are ful- mission of the wrongful act, such mination of the relationship. The filled.”20 Although the dissent nominal damages are sufficient as a letter should contain a paragraph, acknowledged that lawyers often triggering device for the statute of labeled “Termination of the do undertake such extra steps to see that the client’s objectives are met, Show the Jury this has never been the requisite Demonstrative Evidence standard of care observed in legal 3 Are you involved in a case with so many Contact: 21 documents that it’s difficult to keep track of them malpractice cases. and make a credible presentation to the jury? Jonathan A. Clark Although the majority opinion 3 Do you need to make an illustrative presentation 10460 Colony Glen Drive in Barnes does not purport to over- showing a surgeon’s error in a medical Alpharetta, GA 30022 malpractice case? rule any specific prior decisions, it 3 Would illustration help explain an industrial or (770) 667-7673 certainly unsettles a vast body of motor vehicle accident to your jury? case law in Georgia regarding the Let Jonathan A. Clark help you make your point [email protected] commencement of statutes of limi- with a presentation. His experience and training in computer science can make all the difference. tations. In its holding in Hoffman v. His presentations can make your case! Insurance Company of North

August 2005 23 Attorney-Client Relationship,” should have been advised of his Endnotes specifically stating that when the duty to renew the fi.fa.; in the sec- 1. Chase Securities Corp v. attorney-client relationship is ter- ond hypothetical, the attorney Donaldson, 325 U.S. 304, 314 minated, the firm will no longer should have advised the client in (1945). undertake any duties or responsi- writing of the circumstances that 2. See O.C.G.A. § 9-12-60(2005). bilities on the clients’ behalf and revoke a will by operation of law. 3. See id. § 53-4-48(a). 4. See id. § 9-3-25. See generally that the client has no expectation of Although in the second hypotheti- CHARLES R. ADAMS III, GEORGIA performance of any duties by the cal the attorney could not have LAW OF TORTS § 18-2(f) (2004) (dis- firm in the future. executed a new will by himself cussing existing law relating to The third item that must be con- after he failed to inform the client statutes of limitations in legal mal- sidered on a case-by-case basis in that remarriage would revoke his practice claims). 5. 278 Ga. 788, 606 S.E.2d 849 (2004). drafting engagement letters and will, a ruling that the statute of 6. See Barnes v. Turner, 265 Ga. App. fee contracts is whether a particu- limitations begins on the date of 6, 593 S.E.2d 9 (2003), rev’d, 278 lar client is an ongoing client or a remarriage in such a situation Ga. 788, 606 S.E.2d 849 (2004). client who is represented on a could conceivably be the next step 7. Barbnes, 278 Ga. at 788. self-contained unit basis—that is, down the slippery slope created by 8. See id. at 789. As the dissent in Barnes points out, however, the a single representation and not the Barnes decision. foreign cases cited by the majority part of any continuous represen- Hopefully, Barnes will be over- deal only with the initial duty to tation. If the matter at hand is the ruled, or at least limited to its facts. file the financing statement, not only matter that is being handled Until and unless judicial or legisla- with the separate, additional duty to safeguard the security interest for this client (e.g., in the plain- tive intervention occurs, however, created thereby. See 278 Ga. at 794 tiff’s personal injury context), the genie is out of the bottle, and (Benham, J., dissenting). there should be a separate sen- Barnes v. Turner may truly pose 9. See id. at 790. tence stating, “You acknowledge some “eternal” liability problems 10. See id. at 789. that the only matter that this firm for lawyers. 11. Id. at 792 (emphasis in original). 12. See id. has been retained to assist you on 13. Id. at 792 (Benham, J., dissenting). is this matter.” J. Randolph Evans is a 14. See id. It is vital, in light of the uncer- partner at McKenna, 15. Id. at 793 (Benham, J., dissenting). tainties created by Barnes, to make Long & Aldridge, LLP. 16. Id. 17. Id.; see, e.g., Hunter, Maclean, Exley these modifications to the engage- He earned his B.A. at West Georgia College, & Dunn, P.C. v. Frame, 269 Ga. ment letter or fee contract. summa cum laude, in 844, 849, 507 S.E.2d 411 (1998) Further, these modifications must (rejecting the continuous represen- 1980 and his J.D. at the University be considered not only in context tation rule). of Georgia, magna cum laude, in of the defense, but, as noted, the 18. Id. at 793 (Benham, J., dissenting). 1983. Evans is the author of The 19. See id. at 794. plaintiff’s side as well. Practical Guide to Legal 20. Id. Another important thing for Malpractice Prevention. 21. See id. attorneys to do is to document in 22. 241 Ga. 328, 245 S.E.2d 287 (1978). writing all foreseeable future con- Charles R. Adams is a 23. Id. at 330 (emphasis added). tingencies which might occur to partner at Adams & 24. Gingold v. Allen, ___ Ga. App. ___, 613 S.E.2d 173 (2005) (quoting Adams, LLP, Fort Valley, defeat the client’s legal objective, Hamilton v. Powell, Goldstein, and further document the client’s Georgia. He earned his Frazer & Murphy, 167 Ga. App. responsibility for taking action A.B. at the University 411, 414-15, 306 S.E.2d 340 (1983)); upon the occurrence of such of Georgia in 1980 see also Jankowski v. Taylor, and his J.D. from Mercer Bishop & Lee, 246 Ga. 804, 806, 273 events. For example, in Barnes University, cum laude, in 1983. S.E.2d 16 (1980); Jones, Day, Reavis itself, the attorney should have Adams teaches Advanced Torts at & Pogue v. American Envirecycle, documented in 1996 the client’s Mercer Law School, and is the 217 Ga. App. 80, 81-82, 456 S.E.2d 264 (1995). obligation to renew the financing author of Georgia Law of Torts, statements in 2001. In the first which deals generally with the hypothetical presented at the issues discussed in this article. beginning of this article, the client

24 Georgia Bar Journal Pressed for Time?

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Bar Returns to Georgia’s First City for 41st Annual Meeting By C. Tyler Jones

Imagination,” “Stand ith its tree- By Me” and “Mustang Sally.” Conference lined streets attendees danced the and historic night away beside the W Savannah River with charm, Georgia’s first city was a the lights of the city perfect choice for the Bar’s 41st setting a picturesque backdrop. Annual Meeting June 9-12. Many The Opening Night Festival also provid- attendees were seen ferrying back ed a myriad of activi- and forth between The Westin ties for those children in attendance, and Savannah Harbor Resort & Spa and also for those attendees young at heart. the cobblestone streets of the city’s The pleasant sounds Historic District. Although the of laughter melded with the music of pace of life is a little slower in Motown and floated Photos by C. Tyler Jones Photos by C. Tyler across the lawn of the Savannah, the Annual Meeting Bar President Robert Ingram presents Past Westin Savannah President Rob Reinhardt with the “Big Guy Award.” was a fast-paced whirlwind of Harbor Resort & Spa helping to set the stage for a magi- with the YLD/LFG 5K Fun Run. meetings, educational sessions and cal evening of fun and fellowship. Following the early morning meetings, attendees gathered to attend the other activities. Back to Business plenary session awards ceremony as nd Opening Night Festival The successful opening night set a part of the 202 meeting of the positive tone for the meeting as Board of Governors. Rob Reinhardt The meeting kicked off Thursday attendees got back to business presented the following awards: evening with the Sensational Friday by attending CLE sessions, Chief Justice Thomas O. Marshall Sounds of Motown performing law school gatherings, breakfast Professionalism Awards; Georgia such oldies such as “Sugar Pie- meetings and much more. The more Indigent Defense Awards; Voluntary Honey Bunch,” “My Girl,” “Just My ambitious attendees began their day Bar Awards; Pro Bono Awards; A

26 Georgia Bar Journal Business Commitment Committee going YLD President Laurel III, Marietta (2007) and Access to Justice Committee Payne Landon, the renewing of Georgia Defense Lawyers: Awards; and Sections’ Awards (see its commitment to be the service Alexander T. Galloway III, Annual Awards, page 22). arm of the Bar, its leadership Marietta (2007) One of the more touching high- academy to promote profession- Young Lawyers Division: Claire lights of the meeting was Supreme alism and future Bar leadership C. Murray, Atlanta (2007) Court of Georgia Chief Justice and the YLD’s upcoming sched- John Marshall: Professor Jeffrey Norman S. Fletcher’s final state of ule of meetings and activities. A. Van Detta, Atlanta (2007) the Georgia judiciary speech. Q The Board, by unanimous voice Mercer University: Professor Following his emotional speech, vote, approving the following Patrick Longan, Macon (2007) Chief Justice Fletcher presented a presidential appointments to the University of Georgia: Professor C. Certificate of Honor to Claudia State Disciplinary Board: Barnes, the widow of Superior Investigative Panel: Court Judge Roland E. Barnes. District 2: Joe Dent, Albany Board Meeting (2006) District 5: Hubert J. Bell Jr., Highlights Atlanta (2008) The 203rd meeting of the Board District 6: H. Emily George, of Governor’s took place Saturday, Forest Park (2008) where Reinhardt ceremoniously District 7: Christopher A. turned the meeting over to Robert Townley, Rossville (2008) Ingram, who would officially be Review Panel: sworn in as president during the Northern District: Sharon C. Inaugural Dinner. Barnes, Alpharetta (2008) Highlights of the Board meeting Middle District: Gregory L. include: Fullerton, Albany (2008) Southern District: Jeffrey S. Q Damon Elmore provided a Robert D. Ingram and newly Ward, Brunswick (2008) report on the activities of the appointed Supreme Court of YLD for the coming year, Formal Advisory Opinion Georgia Justice Harold D. Melton including introducing the new Board: attend the Cobb County Bar YLD Officers, recognizing out- At-Large: Harry Raymond Tear Association Reception during the Annual Meeting.

Georgia Attorney General Thurbert E. Baker delivers his Chief Justice Norman S. Fletcher presents a Certificate of Honor to State of the Law Department Claudia Barnes, the widow of Superior Court Judge Roland E. Barnes. address at the Annual Meeting.

August 2005 27 Ronald Ellington, Athens (2007) Board authorized the president Board, be invited to attend all Investigative Panel:Christine to secure blanket fidelity bonds regularly called meetings of Anne Koehler, Lawrenceville for the Bar’s Officers and staff the Board of Governors; pro- (2006) handling State Bar funds. vided, such member remains Review Panel: James B. Q The Board designated Jones and in good standing with the State Ellington, Augusta (2006) Kolb as the independent audit- Bar. Such retired member of Q Attorney General Thurbert ing firm to audit the financial the Board may be allowed floor Baker delivered the State of the records of the Sate Bar for the privileges at the sole discretion Law Department speech. fiscal year 2004-05. of the chair, but shall not vote Q As required by Article V, Q Robert Ingram reported that the on any question nor be counted Section 8 of the Bylaws, the Bar completed permanent financ- in ascertaining a quorum. The ing of the Bar Center with a $7.2 affected retired Board mem- Annual Meeting million, 10-year swap agreement bers will not receive a copy of Exhibitors offered by SunTrust Bank, at a 5.2 the agenda book. percent fixed rate. Q The following Board members ABA Members Retirement Q Following a report by A. were elected to serve on the Program Thomas Stubbs, the Board Executive Committee: S. Lester Alexander Gallo & Associates approved the creation of a Tate III, Nancy J. Whaley and Amelia Island Plantation Consumer Law Section. David S. Lipscomb Amusement Masters Q Following a report by Robert Q The Board elected Cliff Brashier Productions, Inc. Ingram, the Board approved to serve as executive director for Atlanta Custom Tailors Standing Board Policy 400 the 2005-06 Bar year. BNA (which expires at the end of the Q The Board approved the Bombardier Flexjet 2005-06 Bar year unless renewed appointment of John Howard Brown Reporting INC. for future years) as follows: Moore and Zahra S. Karinshak, Clarity Graphics Standing Board Policy 400- for three-year terms, to the CourtCall Board of Governors Alumni Chief Justice’s Commission on Daily Report It shall be the policy of the Professionalism. Friedman’s Fine Art Board of Governors of the State Q The Board approved the Georgia Casemaker Bar of Georgia that any mem- appointment of Lisa Ellen Georgia Lawyers Insurance bers of the Board who has Chang, Jeffrey O. Bramlett, Company served a minimum of ten years William C. Rumer, Mark F. Georgia Technology Authority shall, upon retirement from the Dehler and Leigh Martin Wilco, Huey & Associates Insurance Specialists, Inc. Law Practice Management State Bar 2005-06 Executive Committee Program, State Bar The Executive Committee consists of YLD President: Lawyers Foundation of Georgia officers and six members of the Board Damon Erik Elmore, Atlanta Silent Auction of Governors elected by the Board. YLD President-elect: Legal Nurse Partners President: Jonathan Andrew Pope, Canton LexisNexis Robert D. Ingram, Marietta YLD Immediate Past Minnesota Lawyers Mutual President-elect: President: Pravasa Jay Vincent Cook, Athens Laurel Payne Landon, Augusta State Bar of Georgia Pro Immediate Past President: At-Large Members: Bono Project Rob Reinhardt Jr., Tifton Jeffrey O. Bramlett, Atlanta Sections, State Bar Phyllis J. Holmen, Atlanta SoftPro Secretary: Gerald M. Edenfield, Statesboro David S. Lipscomb, Duluth Stetson University College S. Lester Tate III, Cartersville of Law Treasurer: N. Harvey Weitz, Savannah Thomson West Bryan M. Cavan, Atlanta Nancy J. Whaley, Atlanta

28 Georgia Bar Journal for two-year terms, to the and stated that it’s hard to pick just strated professionalism and proven Georgia Legal Services Board. one person for each award, when so commitment to, and support for, Q Phyllis Miller was recognized for many are deserving. the delivery of civil legal services to her recent appointment to the The Chief Justice Thomas O. the poor. Gwinnett County Juvenile Court. Marshall Professionalism Award The William B. Spann Jr. Award Q Anton Mertens provided a honors one lawyer and one judge is given each year either to a local report on the International Law who have and continue to demon- bar association, law firm project or Section’s new International strate the highest professional con- a community organization in Connections Project. The initia- duct and paramount reputation for Georgia that has developed a pro tive is cosponsored by Georgia professionalism. This year’s recipi- bono program that has satisfied State University College of Law ents are: The Honorable Harold L. previously unmet needs or extend- and is designed to facilitate and Murphy, judge, U.S. District Court, ed services to underserved seg- fund a semester-long student Rome, Ga.; and Manley F. Brown, ments of the population. This exchange for two law students O’Neal, Brown & Clark, P.C., Award is presented by the Access from the Republic of Georgia. Macon, Ga. to Justice Committee of the State As the meeting came to a close, The 2004 Georgia Association of Bar of Georgia and the Pro Bono Ingram addressed the Board with Criminal Defense Lawyers Award Project to the Nelson Mullins his proposed program of activities was presented to Steven E. Riley & Scarborough, LLP Team for the 2005-06 Bar year (see New Phillips, for his many years of Child/Early Intervention Project President Speech, page 4). advocacy on behalf of his indigent and the Jones Day, LLP Special Annual Awards clients. Education Project for their advoca- The prestigious H. Sol Clark cy for the appropriate education of Each year at the Annual Meeting, Award honors an individual special needs children, a popula- the president of the Bar presents lawyer who has excelled in one or tion for which virtually no pro numerous awards to highly deserv- more of a variety of activities that bono legal services have existed. ing individuals who give their time extend civil legal services to the The Dan Bradley Award honors and effort to making Georgia a bet- poor and is presented by the the commitment to the delivery of ter place to work and live. This year Access to Justice Committee of the high quality legal services of a was no different. President Rob State Bar of Georgia and the Pro Reinhardt started by thanking Bono Project in 2005 to Donald everyone who gave of their time, Carlton Gibson, who has demon-

Rob Reinhardt presents Tracey M. From Left to Right: Winners of the tennis tournament: Kip Shepherd, Judge Roberts with the first-ever Civil Kathryn Tanksley, Jon Monson and Margaret Cannon. Justice Innovation Award.

August 2005 29 lawyer of Georgia Legal Services the nonprofit and community eco- M. Roberts, who has demonstrat- Program or the Atlanta Legal Aid nomic development sectors in ed outstanding leadership in the Society. The 2005 Dan Bradley Georgia, exemplified by his out- civil justice community in her Award is presented by the Access standing service to the nonprofit work developing LegalAid- to Justice Committee of the State Tyler Place Community GA.org, a web-based legal infor- Bar of Georgia to Vicky O. Development Corporation, an mation and self-help resource. Kimbrell, the family law and affordable housing developer and The Section Awards are pre- health law specialist for Georgia neighborhood improvement organ- sented to outstanding sections for Legal Services Program, who, ization. their dedication and service to through her quality advocacy and The Civil Justice Innovation their areas of practice, and for vision for justice, has shown exem- Award honors an individual devoting endless hours of volun- plary service and dedication to the lawyer or legal project that, teer effort to the profession. delivery of legal services to the through the use of innovative Section of the Year was awarded poor and to the ideals of the legal technology, has extended civil to the Real Property Law Section. profession. legal services to the poor or mar- Awards of Achievement were The Georgia A Business ginalized communities or has met awarded to the General Practice Commitment Pro Bono Business previously unmet legal needs. and Trial Section, Tort and Law Award honors the business This is the first year of this Insurance Practice Section and law pro bono contributions of an Award, and it is presented by the the Criminal Law Section. individual lawyer, corporate legal State Bar of Georgia Access to Local Bar Activities Awards department or law firm to the non- Justice Committee and the Pro were also presented. Local and profit and community economic Bono Project, acknowledges voluntary bars play a big role in development sectors in Georgia. exemplary Internet, computer- our state. Members of the local The 2005 Award is presented by the assisted or other media-assisted bars put a huge amount of work State Bar of Georgia A Business efforts to disseminate legal edu- into their bar associations and their Commitment Committee to Todd cation and information to advo- communities this past year. For a O. Grice, counsel for the Coca-Cola cates and/or low-to-moderate Company, for professionalism and income clients in Georgia. This Annual Meeting strong commitment to the delivery first Civil Justice Innovation Corporate Sponsors of pro bono business law services to Award was presented to Tracey Five Gavel The Georgia Fund Special Thanks to the Silver Level $2,000 Elder Law Following Sections Four Gavel Labor & Employment Law Georgia Lawyers Insurance for Their Support of Legal Economics Law the Meeting Bronze Level $1,000 Three Gavel Appellate Practice ABA Members Retirement Platinum Level $5,000 Health Law Program Criminal Law Intellectual Property Law Thomson West Tort & Insurance Practice International Law TrialGraphix Real Property Law Diamond Level $4,000 Taxation Law Two Gavel Corporate Counsel Law Minnesota Lawyers Mutual Copper Level $500 Gold Level $3,000 Administrative Law One Gavel Alternative Dispute Resolution Antitrust Law Brown Reporting, Inc. Bankruptcy Law Creditors’ Rights Insurance Specialists, Inc. Business Law Government Attorneys Real Property Section of the Product Liability Technology Law State Bar of Georgia

30 Georgia Bar Journal Save Valuable Supreme Court of Georgia Justice P. Harris Hines administers the oath of office to Robert D. Ingram, as Kelly Ingram holds the Bible. Research full list of these awards and all the duties incumbent upon me, awardees, please see page 42. faithfully, to the best of my ability Time Congratulations to all awardees, and understanding, and agreeable Casemaker is a Web-based and thank you for another year of to the policies, bylaws and rules and legal research library and effort and volunteer time. regulations of the State Bar of search engine that allows you Changing Georgia; the laws and constitution to search and browse a vari- of the state of Georgia; and the of the Guard ety of legal information such Constitution of the United States. as codes, rules and case law On Saturday evening, the jus- So help me God. through the Internet. It is an tices of the Supreme Court of Following the swearing in cere- easily searchable, continually Georgia were honored at a recep- mony, Ingram recognized his fam- updated database of case tion preceding the Presidential ily and guests in attendance, then law, statutes and regulations. Inauguration Dinner. As the decided to poke a little fun at out- Each State Bar of Georgia reception drew to a close, the going President Rob Reinhardt by member my login to doors to the grand ballroom showing a PowerPoint presenta- Casemaker by going to the swung open and attendees were tion comprised of “Grrisms” — greeted with music and two giant quotes from Reinhardt’s presi- State Bar's Web site at screens flashing pictures of atten- dent’s column in the Georgia Bar www.gabar.org. dees participating in the previous Journal. With the audience still The Casemaker help line is days events. Following dinner, laughing, Ingram invited past Bar operational Monday thru Supreme Court of Georgia Justice President Bill Barwick up to the Friday, 8:30 a.m. to 5 p.m. P. Harris Hines officially swore in podium, where Barwick presented locally at (404) 527-8777 Ingram, a fellow Marietta resi- Reinhardt with a shotgun for his or toll free at (877) CASE-509 dent, as the 43rd president of the outgoing presidential gift. or (877) 227-3509. State Bar of Georgia. The evening concluded with a After stepping on stage, Justice special performance of “Swamp Send e-mail to: Hines asked Ingram to put his left Gravy,” the official folk life play of [email protected]. All e- hand on the Bible, raise his right Georgia. mail received will receive a hand and repeat the following: response within 24 hours. I do solemnly swear that I will C. Tyler Jones is the director of execute the office of president of the communications for the State Bar of Georgia. State Bar of Georgia, and perform

August 2005 31 Cobb County Bar members made a strong showing at the Annual Meeting to support Marietta native Robert D. Ingram as he became the first State Bar president to call Cobb County home.

(Above) Paul Kim and his wife Dr. Ellen Koo attend the Lawyers Foundation Cruise. (Left) YLD President Damon Elmore and former YLD Presidents Pete Daughtery, Laurel Payne Landon, Derek White and Joseph Dent (kneeling) take part in the Opening Night festivities. Cynthia Clanton, Past President A. James Elliot, Phyllis Marshburn, Chief Justice Leah Ward Sears and her daughter, Brennan Sears-Collins, and mother, Onnye J. Sears, attend the Opening Night extravaganza.

With his presidential gift of a shotgun in hand, Rob Reinhardt thanks his wife for her support and understanding during his term as Bar president.

(Above) Robert D. Ingram, his wife, Kelly and their children, Morgan and Ryan, pause on their way to the swearing in ceremony. (Left) Judge Ben Studdard and his wife, Sherri, enjoy themselves during the Opening Night celebration. GBJ feature

Reinhardt Reflects on Successful Bar Year By Rob Reinhardt

The bylaws of the State Bar of and the credit for them rests on Bar Center Georgia specify the duties of the presi- the collective effort of many of dent. One of the responsibilities is to the folks sitting in this room. So You remember the timeline of “deliver a report at the Annual bear with me while we briefly the Bar Center. We bought it in Meeting of the members of the activi- revisit some of the goals we dis- 1997—worked through the tree ties of the State Bar during his or her cussed at the 2004 Annual issues—took occupancy of the term of office and furnish a copy of the Meeting in Orlando. building in 2001 and since then report to the Supreme Court of have been working on leasing Georgia.” Following is the report from Casemaker space and obtaining permanent President Rob Reinhardt on his year, financing and reconstructing the You remember Casemaker was parking deck. You remember that 2004-05, delivered June 10, at the spinning up. It had been approved State Bar’s Annual Meeting. we left Orlando last year headed at our Spring 2004 Board meeting back to Atlanta to open that park- ne short year ago, and we anticipated implementa- ing deck. tion in January 2005. YOUR Between July 1 and Dec. 31, 2004, we were discussing STATE BAR DELIVERED ON the parking deck opened and we THIS PROMISE. For an annual liftoff of the Bar retrofitted the third floor confer- O fee of $9 that is included in your ence center to provide state of the year we are concluding this week- dues, Casemaker, which allows art space to accommodate meet- every lawyer in Georgia to have ings, continuing legal education end. We talked about the train leav- free online access to computer and training and like functions. It assisted legal research with a pow- ing the station. And we had our was a close thing—I remember erful search engine, was made standing with Cliff Brashier under eyes on the finish line for several available through the Bar’s Web the arch watching electricians site on Jan. 1. The online libraries wiring lighting at the midnight Bar projects that had been works in of the 20 other states that comprise hour on the eve of the dedication the Casemaker consortium are progress for some time. Let’s talk a ceremony. BUT THE STATE BAR also available to State Bar mem- DELIVERED ON THIS few minutes about how those bers. We continue to improve the PROMISE, and the building was in offerings through Casemaker— splendid form for the formal dedi- visions translated into reality. and we keep hearing from mem- cation of the Bar Center—ably coor- I recognize this is a swan bers that Casemaker is the best dinated by Frank Jones. The dedica- song—and it should be short and member benefit we have ever pro- tion was marked by the presenta- sweet. This is going to be as short vided. You can make a strong tion of a resolution from our and sweet as I can make it—but argument for that—but then what Supreme Court presented by then this year has brought good things about the . . .

34 Georgia Bar Journal Chief Justice Norman Fletcher and dous work of past Bar leaders and Transition into keynoted with an inspiring address Bar staff who made it happen. Law Practice from Justice Anthony M. Kennedy While we are talking about uti- of the U. S. Supreme Court. lization of facilities, another mile- We discussed the State Bar’s Today the Bar Center is fulfilling stone was recently accomplished effort to promote professionalism its promise to provide a “home for with the video-link of the Atlanta among our beginning attorneys. Georgia lawyers.” You only have to and Tifton offices. We have been The initiative was at that time trav- walk the halls to see the organized attempting this for close to 10 eling under the name of Standards Bar in action. Hall monitors display years; and on May 20 we held a of the Profession and a group of many and diverse functions. demonstration resembling our best and brightest serving on Members in good standing may Alexander Graham Bell’s first that committee had labored for reserve any of the 3rd floor rooms inter-continental telephone call. years under the talented leadership (10 conference rooms, a mock trial This will allow lawyers in South of John Marshall and Sally courtroom and an auditorium) free Georgia to participate in Bar work Lockwood to craft a program to of charge on a first-come, first- through real-time video link— provide beginning lawyers mean- served basis during business hours meaningful participation without ingful access to seasoned lawyers for law-related meetings. Bar mem- investing hours of road time on for counsel and help while working bers park free of charge in the Bar either side of a meeting. Some of through their introduction into the Center parking deck. my friends have uncharitably practice. The program has educa- The Bar Center provides a attributed some self interest to my tional and clinical dimensions, superb facility to focus the various promotion of this project, but I am designed to instill from the outset energies and efforts of Georgia convinced that this will allow us to core values of ethical and profes- lawyers. Its use has surpassed our leverage the potential of the satel- sional conduct. The program had ambitions and justified the tremen- lite office in Tifton. been piloted and the Board of

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August 2005 35 Governors adopted and funded it Q the need exists for expanding reaching Georgia lawyers. They are at the August 2004 meeting. On several of the services currently a diverse group and our effort has Feb. 2 of this year, the Supreme offered; and to be broad. Court of Georgia authorized the Q the provision of an option for Court Futures State Bar to proceed with the health insurance is far and away implementation of the program. the number one requested We stayed about the business of Each of the approximate 900 new member service. improving the science of law—and lawyers, who are admitted to the This year, the effort will shift from one of our most impressive efforts Bar each year, will be assigned a identification to implementation. was court futures. Bill Barwick mentor trained to assist them as The committee has proposed prom- reported last year that under the they transition from law school to ising suggestions for improved com- strong leadership of the Hon. Ben practicing attorneys. munication of Bar offerings to mem- Studdard, that committee was mid- Douglas Ashcroft has been bers. Leadership will continue stride in its focus on identifying hired as the new director and he is under Gordon Zeese of Albany and means of insuring that our legal busy spreading the gospel. Doug Greg Sowell from Tifton. system retains a high level of legal has a great sense of how profes- Electronic talent on our trial and appellate sionalism is learned and taught— benches and preserves the inde- and he will be a great asset in Communication pendence that allows sitting judges matching mentors with mentees— Thanks to the efforts of our to apply the law to the facts without and all of us will benefit. SO THE Communications Director Tyler fear of political or physical reprisal. STATE BAR DELIVERED ON Jones, we have significantly After another year of hard work, THAT PROMISE. improved electronic communica- Judge Studdard presented to the Member Benefits tion with members: Executive Committee on May 20th Q The Bar’s Web site was overdue the fine report produced by his We talked about revitalizing the for a redesign, and I am proud committee. I commend it to your Member Benefits Committee. to report that it has been updat- study—it provides thoughtful Laurel Payne Landon and I worked ed and re-organized. The new insight on achieving the appropri- together to restructure that group to Web site has received many ate balance of accountability and generate meaningful feedback from positive comments; and it pro- independence for judges serving Bar members as to the real benefit of vides another way we can our courts. And it proposes con- services we offer, and suggestions improve services to members crete recommendations for for services we should offer. and to the public; and improvements in various aspects This work is not for people who Q In January, we instituted an E- related to our judiciary. It is being are easily discouraged. Lawyers are news service with three purposes: studied and you will hear more busy seeing to their clients’ interests Q to establish a regular com- about it in the months to come. and it is challenging to get good munication channel with Bar Look at the membership of that information. The committee enlist- members looking for elec- committee—and when you see ed the help of Larry Jones and ICLE tronic communication; Judge Studdard or other committee in surveying seminar attendees. Q to provide timely updates on members, thank them for the Utilizing e-mail and local bar key Bar issues and upcom- impressive work they did on our meetings and direct contacts, this ing CLE offerings; and behalf. committee took a temperature Q to provide information on Indigent Defense reading of how membership views various Bar programs and what we offer and the committee upcoming events. The transition has not been reported this spring: The Enewsletter has been well seamless and there is still work to Q members are requesting a num- received and it provides another be done. Because of the dedicated ber of services that are already means of reaching members. efforts of many people, led by available through the Bar (iden- Communication is a long term mis- Georgia lawyers committed to see- tifying the need for improved sionary function; we have to con- ing Constitutional protections communications); tinue to look for effective ways of reach all Georgians, indigent per-

36 Georgia Bar Journal sons charged with criminal con- tives, relying on the good servic- ment is so insidious and gradual duct in Georgia courts are served es of our comrades serving in that most folks don’t see it com- by a system uniform in its applica- positions of responsibility in the ing. We are witnessing attacks tion throughout the state and Legislature. Winston Churchill on our judges—terroristic designed to insure that the legal paid tribute to England’s fighter attacks like the tragic killings in system in Georgia delivers on the pilots for their successful resist- Fulton County and Chicago, and promises of the Constitution. You ance of German airpower in political attacks where elected have heard me say in the past— World War II by saying that leaders threaten judges with and I firmly believe—that a test of “never in the history of mankind reprisals for their rulings. any system is how it treats the least have so many owed so much to Sounding the warning— influential of its users. Our mem- so few.” Now I don’t want to demanding that the values care- bers toiled for long years in this liken the 2005 Georgia General fully crafted into the vineyard, and their determination Assembly to the German Constitution by our founding forged big progress. blitzkrieg, but this session fathers be protected—is our Legislature demonstrated to us that we need sacred duty. Our generation of more effective communication Americans has not been chal- The legislative landscape with our elected leaders. lenged by a world war. The dan- changed on us this year in major gers to our way of life are more Second, we have already ways. The State Bar every year pro- subtle, but no less threatening. made progress on that front. Our poses an ambitious legislative pro- When Jimmy Carter wanted to members—no doubt prompted gram. And we did that in the 2005 focus our attention on the fail- by your urging—responded to legislative session. However, the ings of our educational system our call for help. Members of the historic shift in the political make- he talked about the “moral Legislature confirmed that they up of our legislative body—and the equivalent of war.” That is the were hearing from lawyers on priorities of this General level of urgency that we must issues affecting our legal system. Assembly—eclipsed many of the assign to resisting efforts to And it is crucial that we remain legislative efforts we mounted that diminish and control our justice focused on and engaged with stayed under the radar screen. system. I know no better way to our elected lawmakers. Many of Two developments in this year’s say it than lawyers are the foot the values on which this country legislative program stand out: soldiers of the Constitution. We is based are under attack. must continue to be heard; and First, it became apparent that Foundations of our legal sys- our message must be delivered for too long we as lawyers failed tem—indeed our freedoms—are more effectively. to engage on legislative initia- being eroded. And this move-

2005-06 New and Retiring Board of Governors Members Post New Retiring Appalachian Circuit Diane Marger Moore Edwin Marger Cordele Circuit John C. Pridgen John N. Davis Eastern Circuit, Post 2 Lester B. Johnson, III William K. Broker Macon Circuit, Post 1 David S. Hollingsworth Lamar W. Sizemore, Jr. Macon Circuit, Post 3 Charles L. Ruffin Robert R. Gunn, II Ogeechee Circuit, Post 1 Daniel Brent Snipes Sam L. Brannen Piedmont Circuit Nancy R. Floyd John E. Stell, Jr. Southern Circuit, Post 2 Brian A. McDaniel Robert Daniel Jewell Stone Mountain Circuit, Post 4 John M. Hyatt M.T. Simmons, Jr. Toombs Circuit William Bryant Swan, Jr. Dennis C. Sanders Towaliga Circuit Wilson H. Bush W. Ashley Hawkins Member-at-Large Post 1 Tanya Danielle Jeffords Althea L. Buafo Member-at-Large Post 2 Paul Thomas Kim Bettina Wing-Che Yip

August 2005 37 Discipline Report Management and 13 files were they attribute it to inspired leader- forwarded to the Investigative ship. Truth is, your elected leader- A key function of a unified bar is Panel for possible disciplinary ship could never cover the myriad lawyer discipline. For the 2004-05 action; of work needed to plan, supervise, Bar year, the General Counsel’s Q During the year, OGC was monitor and execute all functions office reported out the following: involved in 36 fee arbitration of the Bar. We have a terrific staff. Q the help line averaged 21 calls enforcement cases. These are In addition to strong staff supper day (more than 5,000 calls matters that are handled in the port, our system of using an this year); state system where the lawyer Executive Committee gives great Q lawyers in the Office of General refuse to be bound by the award support to your elected officers. Counsel participated in 59 CLE of the arbitrators. We want to Some of my ex-friends have sug- programs; continue the public service gested that my passing of the torch Q breakdown of disciplinary aspect of this program, but to Robert Ingram should be an occa- action taken: these difficult and time consum- sion of great rejoicing for Georgia Q 29 Investigative Panel ing cases consume a great deal lawyers. But take comfort from the Reprimands of resources. We are looking for fact that no president can stray far Q 28 Letters of Admonition ways to improve function both when supported by the good judg- Q 35 Cases Dismissed with as to efficiency and cost. ment and experience of your Letters of Instruction Breadth of Executive Committee. Strong mind- Q 26 Interim Suspensions ed, vocal and great lawyers all. Q 34 Disbarments/Voluntary Bar Programs Thanks to Board of Surrenders Now comrades, you have lis- Governors and All Q 25 Suspensions tened to me a considerable time Georgia Lawyers Q 2 Public Reprimands and we have only reviewed some Q 7 Review Panel Reprimands of the highlights. One benefit of We have reviewed the impres- Q 1 Review Panel Letter of this job is that you at least get a sive accomplishments the State Bar Admonition glimpse of the total scope of the has achieved this year. So I guess Q requests for grievance forms State Bar’s program of work. To see we have just about safely brought decreased by 505 as compared first hand the tremendous volun- this train back into the station. And with the previous year (from teer manpower channeled through it has been a hell of a ride. 4,111 in 2003-04 to 3,606 in our State Bar redefines your appre- But before we move across the 2004-05); ciation of what member participa- platform to board the Ingram Q number of grievances returned tion means. But it also makes you Express, I need to make a few increased by 28 as compared to aware of the formidable challenge remarks that are up close and per- the previous year (from 2,472 in of harnessing and coordinating our sonal. I believe in two old adages 2003-4 to 2,500 in 2004-05); volunteer effort to keep this train (having become extremely self- Q OGC reviewed and dismissed moving. Our Bar staff operates righteous since my children got 2,039 grievances and referred right below the radar screen mak- about college age). “If you lay 356 to the Investigative Panel of ing sure that happens. I’ve been down with dogs you will get up the State Disciplinary Board for about Bar work a long time and I with fleas” and “you are known by further investigation. This is an can testify that I came into this year the company you keep.” And I increase from the 306 cases that without a sufficient understanding believe they say the same thing. If were sent to the Investigative of the staff support I would need. you aspire to something, you are Panel in 2003-04; Fortunately, I found that our staff well advised to run with people Q Overdraft Notification Program does understand. They cover, who reflect those achievements. If received 380 notices from finan- seemingly without effort, details you want to improve your tennis cial institutions. 262 of these that I wouldn’t recognize as neces- game, you play with tennis part- cases were dismissed after ini- sary until they are explained to me. ners who are better. If your goal is tial inquiry. Five files were And they are so generous of spirit to develop into a honorable, hard- referred to Law Practice that when events come off well working, professional lawyer, you

38 Georgia Bar Journal can do no better than to move among the lawyers of Georgia, and Girl Scouts Earn the Law and Order Badge particularly those lawyers who On June 23 and 24, the Georgia Association for Women Lawyers serve on the Board of Governors. Foundation collaborated with the Girl Scout Council of Northwest The greatest experience I had Georgia to provide junior high and high school aged Girl Scouts an this year—among the great excite- opportunity to earn the Law and Order Badge. The program took place ment of dedicating the Bar Center, and seeing the Transition in at the Bar Center and featured a variety of speakers, including Practice Program take off and Lieutenant Nerbonne from the Cobb County Police Department, bringing Casemaker online—was Fulton County Juvenile Court Judge Sharon Hill, Public Defender Renee visiting among lawyers all over the Jarrett, and Hollie Manheimer, the executive director of the Georgia great state of Georgia: First Amendment Foundation. Q I would speak to local bar asso- Nearly 20 GAWL members joined the Girl Scouts for lunch to discuss ciations and see first hand the law school and the practice of law. The two-day program culminated level of engagement lawyers have in their communities; with a mock trial—the highlight of the program, in which Lord Capulet Q I would stand before our Board sued Friar Lawrence for wedding Romeo and Juliet without parental of Governors and hear lawyers consent. Fulton County Superior Court Judge Susan Forsling presided debate issues to improve the over the mock trial. During the closing ceremony, the scouts were administration of justice and delighted to receive their Law and Order Badges from Georgia improve access to the courts Supreme Court Justice Carol Hunstein and Georgia Court of Appeals and improve the quality of legal Judge Debra Bernes. service to clients. This Board of Governors doesn’t promote self-interest—it seeks to hold Georgia lawyers to high standards in the delivery of legal services to the consuming public. That is the kind of lawyer that I want to be. And I come a lot closer to it by virtue of my association with Georgia lawyers active in the State Bar. When you hold this job, you are associated and identified with the best of our profession. You work closely with lawyers who are bright and committed and insight- ful. You see through a lot of different avenues the cumulative effort of Georgia lawyers working to out front, supported by your good- in the State Bar reminds me that the ensure that Georgia remains a will and good name. I don’t practice is more than my next legal place where everyone gets a fair deserve that privilege on merit. I crisis. And it gives me a chance to shake. And don’t let anyone tell can’t come up with words that will associate with you folks—and I am you that the state of the profession adequately express how grateful I a better lawyer for working among is weak. It is strong. It’s strong am to you for the many kindnesses you. I thank you as sincerely as I because it is derivative of the great and the strong support I have know how—I am indebted to you caliber of the women and men who received from you. It’s time for me at a level I can never repay—and I stand at the Bar. You folks have to rotate out of this job—but I don’t am proud to be numbered among afforded me the chance to stand intend to fade away. Because work your friends and colleagues.

August 2005 39 GBJ feature

First Bar President From Cobb County Has History on His Side By C. Tyler Jones

n the combined 141 year

history of the Georgia Bar I Association and State Bar of Georgia there has never been a president from Cobb County, until now. President Robert D. Ingram has Cobb County roots that run four generations deep. Anyone who knows Robert, knows his commitment and love of Cobb

County is without compare. Photo courtesy of the Marietta Museum History Robert’s grandfather Ernest Ingram farmed the land along The Strand Theatre was the first major motion picture house, which pro- what is now Barrett Parkway, the vided movie entertainment to thousands of people of all ages in Marietta until it closed its doors in 1976. current home of Towne Center Mall, nestled between Interstate 75 mark on the historic Marietta The Strand are currently involved and Interstate 575 in north Cobb Square. The Strand Theatre was the in a capital campaign to restore The County. Robert recalls chasing first major motion picture house, Strand to its original glory. cows that had escaped from the which provided movie entertain- Somewhat of a history buff, pasture along the country road for- ment to thousands of people of all Robert is proud of the fact that his merly know as Robert’s Road, but ages in Marietta until it closed its law firm, Moore Ingram Johnson & which is now the six-lane Barrett doors in 1976. Robert recalls spend- Steele, is housed in what used to be Parkway. ing a lot of time on the Marietta the old Greyhound Bus Station just Not one to sit idly, Robert’s Square playground before and after off Marietta Square. Robert’s part- grandfather, in 1935, helped build attending Saturday afternoon mati- ner, John Moore, purchased the old The Strand Theatre, a noted land- nees. A group known as Friends of bus station in order to convert it to

40 Georgia Bar Journal 1909 Courthouse

Bus Station

Square during cotton days, old courthouses, and even a bench that was saved out of the Cobb Courthouse, which was rebuilt after General Sherman burned down Cobb’s first courthouse during his march to Atlanta. Robert’s dad, Harry Ingram, played a part in Cobb’s history 1957 Courthouse when he was elected in 1960, along with Ernest Barrett, to the The old Awtrey Parker building first multi-member Cobb County purchased by Moore Ingram Board of Commissioners upon Johnson & Steele was once the which he served two terms before Sherman burned down home for many prominent Cobb Cobb’s first courthouse. managing Cobb’s Water and Sewer lawyers who practiced in the for- System until his retirement. mer Awtrey & Parker law firm. office space when he began the law As Robert embarks on his year as The lawyers included Lemon firm in 1984. The firm eventually president, like his father and Awtrey, former Superior Court added on to its building and con- grandfather, he will strive to leave Judges Grant Brantley and Tom verted two Quonset huts, formerly a positive mark, not only on Cobb Cauthorn, former Congressman used to repair buses, to office County, but on the State Bar of Buddy Darden, Bob Grayson, space. The firm later purchased the Georgia as well. Supreme Court Justice P. Harris old Awtrey Parker building across Hines, Dana Jackel, Sidney Parker, C. Tyler Jones is the director of Roswell Street from its main office Cobb State Court Judge Toby communications for the State Bar building. Prodgers, Lynn Rainey, and Bob of Georgia. Since 1986, when John Moore Silliman, among others. Ironically, persuaded Bill Johnson and Robert Sidney Parker was the first Cobb Ralph Cunningham Ingram to leave Atlanta insurance lawyer to run for State Bar presi- defense firms in order to develop a dent. He ended up losing the 1976 Motor Vehicle commercial litigation and insur- election to former Representative Accident Reconstruction and ance defense practice, the firm has Component Failure Evaluations and Georgia Supreme Court grown from five lawyers to 61, Event Data Recorder Justice Harold Clarke. including lawyers focusing their Downloads The offices of Moore Ingram practice in commercial real estate, Johnson & Steele contain many corporate, taxation, estate planning, Conyers, Georgia artifacts and photos of Cobb domestic relations, criminal, work- 770-918-0973 County and Marietta history, ers’ compensation defense, probate, Fax: 770.918.8076 including Civil War artifacts, black and miscellaneous civil litigation. www.RalphCunningham.net and white photos of the Marietta

August 2005 41 GBJ feature

Lawyers Foundation of Georgia at the 2005 Annual Meeting By Lauren Larmer Barrett

he State Bar of Georgia

returned to Savannah T for its Annual Meeting this year, and the Lawyers

Foundation of Georgia held several events during the meeting at the

Savannah Harbor Westin Resort. The Silent Auction was even bigger and better this year. With over 80 items to bid on, the Annual Meeting attendees kept their pens flying at the auction, especially in the last half hour during the Lawyers Foundation/Pro Bono

Bloody Mary Reception. We thank Photo by Jennifer N. Riley all who participated—both donors Libby and Frank Love prepare to board the Palmetto Star. and bidders. The YLD/LFG Fun Run began The Fellows Meeting, held each Savannah River for two delight- at the Greenbrier Club, just a few year to provide the Fellows of the ful hours. The food and drinks hundred yards from the hotel, and Foundation with an update on the were great, and the boats could followed the path of an old road foundation and to elect the officers not be beat. Everyone on board racetrack through the marshes and and trustees of the foundation took had a great time, and we would then next to the golf course. place June 9. like to thank everyone who made Deidra Sanderson, director of the On Friday evening, just as the the cruise possible: Vagabond Younger Lawyers Division, and rainfall stopped, the members of Cruise, the charter company; Lauren Larmer Barrett, director of the Fellows Program and their Advertising Specialty Services, the Lawyers Foundation of guests boarded the Palmetto Star vendor of the baseball caps that Georgia, trailed along behind in a and the Spirit of Harbor Town, kept many heads dry on the walk golf cart, passing out water bottles fabulous yachts that sailed down back to the hotel; and of course to those in need. from Hilton Head to cruise the our sponsors:

42 Georgia Bar Journal Brown Court Reporters Coca-Cola Cushman & Wakefield Esquire Depositions Georgia Fund IKON Document Services Insurance Specialists, Inc. (ISI) Legal-link Lexis Mauldin & Jenkins Minnesota Mutual SunTrust To all those who support the Lawyers Foundation of Georgia, thank you! The continued growth of the foundation is due to your participation and contributions. If you have any questions about the The Palmetto Star and the Spirit of Harbor Town arrived from Hilton activities, events and programs of Head to take LFG members and their guests on a two hour cruise down the foundation, please contact the Savannah River. Lauren Larmer Barrett, 104 Marietta St., NW, Suite 630, 2005-06 Cliff Brashier Benjamin F. Easterlin IV Atlanta, GA 30303; lfg_lauren@bell- Board of Executive Director King & Spalding, south.net; (404) 659-6867. State Bar of Georgia, Atlanta Trustees Atlanta Lauren Larmer Damon Erik Elmore Barrett is the execu- Chairperson John A. Chandler Genuine Parts tive director of the Linda A. Klein Sutherland, Asbill & Company, Atlanta Lawyers Foundation Gambrell & Stolz LLP, Brennan, Atlanta of Georgia. Atlanta Robert D. Ingram Hon. Robert W. Moore, Ingram, Secretary Chasteen Jr. Johnson & Steele, George E. Mundy Ben Hill County Marietta The Lawyers George E. Mundy, Courthouse, P.C., Cedartown Fitzgerald William R. Jenkins Foundation of Jenkins & Associates, Georgia Web site Vice Chairperson Jay Cook Atlanta address has Rudolph N. Patterson Cook, Noell, Tolley, Westmoreland, Bates & Michael, Teresa Roseborough changed to: Patterson & Moseley, Athens Sutherland, Asbill & Macon Brennan, Atlanta http://www.gabar.org/ Harold T. Daniel Jr. Holland & Knight, N. Harvey Weitz related_organizations/ Treasurer James B. Franklin Atlanta Weiner, Shearouse, lawyers_foundation/ Franklin, Taulbee, Weitz, Greenberg & Rushing, Snipes & James Benjamin Shawe, LLC, Please be sure to visit us at Marsh, Statesboro Durham Savannah our new link to learn more Durham, McHugh & Duncan, P. C., about our program. Brunswick

August 2005 43 GBJ feature

Local Bar Activities Committee Judge Applications for State Bar Annual Meeting Awards By Margaret Gettle Washburn

descriptions of each bar associa- Springs, Savannah, Gwinnett and he Local Bar Activities tion’s activities, posters, high the Georgia Association of Black school essays, Law Day activities, Women Attorneys all had very Committee met at the speakers bureaus, Teacher of the impressive presentations. Each State Bar in May and Year and Police Officer of the Year year it is more and more difficult to T winners and a touching memorial. determine an award for “the best.” had the pleasure of judging the There were even T-shirts! We tried However, one application did truly to get our veteran chair to model stand out and that was the new award applications from bar asso- the “Sleigh Bells on the Square 2004 entry for the Macon Bar ciations throughout the state for Road Race” T-shirt submitted by Association. This entry also includ- the Cobb County Bar Association, ed a memorial to the late David L. the annual Local Bar Activities however, he declined out of Mincey Sr., a great lawyer and fam- extreme modesty. The Law Day ily man and an asset to the Macon Awards. It was gratifying to see the entry submitted by the Gwinnett Bar Association. amount of work that members of County Bar Association was replete The awards were presented at with photos and memorabilia of an the Plenary Session on Friday, June our local bars put into their bar excellent program. All aspects of 10, by State Bar President Rob the American Bar Association rec- Reinhardt. He stated that it was an associations and their communities ommendations for a Law Day pro- honor to recognize this year’s this past year. As always, we were gram had been met. The Blue Ridge award recipients. He echoed what Bar Association and Cobb County the committee found, in that there served a terrific lunch in the board- Bar Association Law Day programs are so many dedicated and talented were also informative, including volunteers who contribute so much room by the Communications great speakers and great programs to the State Bar of Georgia and to Department, including Tyler Jones, for the local schools. the Georgia legal community. The Atlanta Bar Association had Reinhardt stated it best when he director, and Jennifer Riley, admin- an entry that contained brochures, said, “It is hard to choose from istrative assistant. photos, newsletters and memos to among so many deserving Georgia members and also to members of lawyers.” The awards and recipi- Our chair is Thomas Herman, a its different sections of upcoming ents are as follows. member of the Macon Bar events. The DeKalb Bar The Voluntary Bar Awards Association. Bill deGolian, a mem- Association newsletter was a first Excellence in Bar Leadership ber of the Atlanta Bar Association, time entry and was an excellent Award is presented annually, and also assisted in judging the entries. example of presentation, informa- honors an individual for a lifetime Overall, the entries were imagination and notification for its mem- of commitment to the legal profes- tive and fun. They contained bers. Blue Ridge, Augusta, Sandy sion and the justice system in

44 Georgia Bar Journal Georgia. This year’s recipient is the Day, Award of Merit or Newsletter Gwinnett County Bar Association, late David L. Mincey Sr., Macon competitions for the first time in accepted by Carole Korn; and 501 Bar Association and his son, David four years. This year’s recipient is members or more: Cobb County L. Mincey Jr., accepted the award the Macon Bar Association and Bar Association, accepted by Ann on his father’s behalf. was accepted by Charles Ruffin, Dettmering. Awards of Merit are given to president of the Macon Bar. The President’s Cup Award is a voluntary bar associations for their The Best Newsletter Award is traveling award, presented annual- dedication to improving relations presented to voluntary bars ly to the voluntary bar association among local lawyers and devoting according to their size—101-250 with the best overall program. This endless hours to serving their com- members: Georgia Association of year’s recipient is the Atlanta Bar munities. This year’s awards go to Black Women Attorneys; 251-500 Association, accepted by Bill —under 50 members: Sandy members: DeKalb Bar Ragland, president of the Atlanta Springs Bar Association; 51-100 Association; and 501 members or Bar. Our congratulations to Bill and members: Henry County Bar more: Cobb County Bar to the members of the Atlanta Bar. Association; 101-250 members: Association. Congratulations to all the recipi- Georgia Association of Black The Law Day Award is also pre- ents. We look forward to another Women Attorneys; 251-500 mem- sented to voluntary bars according great year for 2006! bers: Macon Bar Association; and to number of members. Every year, 501 members or more: Atlanta Bar voluntary bar associations plan Margaret Gettle Washburn is Association. Law Day activities in their respec- the vice chair of the State Bar of The Best New Entry Award is tive communities to commemorate Georgia’s Local Bar Activities presented to recognize the excellent this occasion. The recipients Committee. efforts of those voluntary bar asso- are—51-100 members: Blue Ridge ciations that have entered the Law Bar Association; 251-500 members: Photos by C. Tyler Jones Photos by C. Tyler Rob Reinhardt presents GABWA President Dawn Rob Reinhardt presents outgoing Atlanta Bar President Jones with the “Best Newsletter Award.” Bill Ragland with the President’s Cup.

August 2005 45 GBJ feature

As Chief Justice Fletcher Reflects on Past, Chief Justice Sears Prepares for Future By Jennifer N. Riley

n June 30, Chief

Justice Norman S. O Fletcher retired from the Supreme Court of Georgia after 15 and a half years on the

Court and a legal career that spans more than four decades. In this feature, the 26th chief of the high court shares his thoughts on the past and his expectations for the future.

When did you decide to Photo by Jennifer N. Riley become a lawyer and Retiring Supreme Court of Georgia Chief Justice Norman S. Fletcher said Leah Ward Sears is ready for the job and the state is fortunate to have her. what were the ideals that you had in mind as Harvey Jay and Carlyle McDonald What was your area to what a lawyer try cases at the Ben Hill County of practice? Courthouse really guided my deci- should be and do? sion to study law. They were very Most of my practice was spent in LaFayette, Ga., in a small law office I started thinking about it when I colorful, very good gentleman, and of two to three general practition- was in high school in Fitzgerald, very good lawyers. That’s when I ers where we did a little bit of Ga. I was on the debate team and first started thinking that being a everything. In the early days, I had participated in other activities that lawyer was what I wanted to do, to do appointed criminal work, but involved public speaking. But the and I really never changed my I did not continue doing criminal summers I spent watching Solicitor mind after that.

46 Georgia Bar Journal work after I could get away from it. viously served on the Court of ception of the profession. Your style I did some local government work Appeals never anticipated that this can be such that you don’t have to be involving public utilities in job would be so involved, Justice quite so combative, so long as the LaFayette. I did a lot of real estate Benham and Justice Carley can tell jury can relate to you as a human work, estate work, and civil litiga- you that. One of the other things being. tion in various areas, but also some that should be considered by the What do you see as plaintiff’s work and defense work entire bench, as well as the chief in along the way. particular, is that you need to be the most challenging issue facing the law Did you, during this involved in innovative programs that can improve the profession profession? time, have ambitions and improve the judicial branch There are several. Combating the to be a Supreme Court itself, such as all the work we did negative perception of the law is Justice? on Indigent Defense and the one of them. Another challenge is Mentoring Program. I didn’t think about it much early that it is difficult to provide quality on. I had a partner, Irwin Stoltz, and Do you think the neg- legal services outside a city environ- we were together about eight years ative perception of ment. The people in smaller towns before [President] Carter appointed lawyers, by the gener- and less populated areas deserve him to the Court of Appeals, but I al public, is fair or quality service and it doesn’t always didn’t think about Appellate Court happen that way. An additional work as far as me doing it for a long deserved? challenge is keeping up with the time, but it did enter my mind when I believe it’s not completely fair. I changes in the law and then com- I was in my early 50s. do think part of it we’ve brought on municating those changes to the Is serving as a ourselves because we’re in an adver- public. Legislative bodies make changes to statutory laws and you Supreme Court Justice sarial business. If you’re in a contest- ed type of case, someone is going to end up going back and forth. Just what you thought it be the winner and someone is going about the time the courts answer all would be? to the loser, and you’re always going the questions and lawyers are famil- to have people who are dissatisfied. iar with the everything, the General It is, but it’s a lot more. I really I think we can improve this by hav- Assembly makes changes in the was thinking more in terms that it ing better PR; letting the public statues and you go through another was just the business of hearing know how much good lawyers are time period where it appears you and deciding cases, drafting opin- doing through community service are sort of groping in the dark for a ions. But the Supreme Court has so and pro bono work. We probably while until the courts can adequate- many other administrative duties don’t get enough credit for this. Part ly address the issues. The public of one type or another such as its of the problem I think too, is instant then doesn’t understand why you relationship with the State Bar; communication. People see one bad don’t have a definite answer and making rules for the State Bar and situation and immediately think the “maybe” is the only answer you can being involved with programs to entire profession is tainted in some give. What fits one situation doesn’t improve the profession, like the way. Or they don’t like a decision a necessarily fit another. People want Professionalism Commission. Then court in Massachusetts makes and the law to be black or white, but if there are all the matters dealing then they condemn the entire judi- that were the case, it would proba- with lawyer discipline. I realized cial system, not trusting any of it. I bly do more harm than good we would have to review petitions believe there are many things that because the law is evolving all for writ of cert but I never thought detract from the good that’s being along. My greatest concern is the about the floodgates involved with done. Our professionalism pro- present attack on the courts, both habeas corpus applications, which as grams are helping, and I think when nationally and locally. I think the of present time we file approxi- lawyers understand that you don’t attacks are aimed to take away the mately 400 each year. It’s a lot more have to destroy the other side to decisional independence of the judi- time consuming than I expected. win, people will have a better per- ciary and I think it is definitely People on the Court who have pre-

August 2005 47 It has been a great opportunity for service in trying to render a stable and predictable body of law; to develop policy to a certain extent that is favorable to all the public. It has been a great opportunity to work with the Bar in making improvements to the delivery of justice and to implement programs that actually make this a better society. going in the wrong direction. If our tunity to work with the Bar in What will you democracy is to survive and we are making improvements to the miss the most? going to be a nation under the rule delivery of justice and to imple- of law, then our third branch of gov- ment programs that actually make I will miss the good working rela- ernment must be independent and this a better society. The Bar has tionship with my law clerks. We’ve must fairly and impartially interpret had many fine programs to help become very close and it’s almost and apply the law. ensure that the system works bet- like a family. Each of us is involved with all of the cases to some extent. What is your ter. The Transition into Law Practice Program is one such pro- This has been the policy that we definition of justice? gram. I think it’s going to be very have been the most successful with It’s a matter of fairness; fairness good for two reasons. It is going to for at least the past 10 years—I think in the procedure, which includes help young lawyers, particularly it’s worked well. Every now and fair notice whether you’re accused those who practice in the rural then I will miss working on a partic- of a crime or civil matter. As long areas, from getting into discipli- ularly interesting case. And of as people feel they have been nary problems before they get course I will miss my colleagues on treated fairly by the courts, then started, and at the same time, it is the Court, but a change really is they say the system works and great for the public because the needed. For someone my age, I they have received justice. mentoring will provide guidance think once you have served as chief, Whether they win or lose, people to lawyers about what they should it’s better to move on. want to be heard and feel someone be doing in the nature of law prac- What has serving on has listened. Justice is about being tice. It’s a win-win situation for the Supreme Court reasonably notified and given the the profession, the young lawyer, opportunity to respond to any and potential clients. taught you about type of charges, civil or otherwise. yourself? Was the decision to Justice is consistently applied to I don’t know if it’s taught me all, not just the wealthy or the retire a difficult one? about myself so much as it has large corporation, but to those No—it was really not very dif- caused me to rethink about what who, frankly, don’t have the eco- ficult. When I first came to the really is important in life and to nomic means to pay for all of the Court I couldn’t imagine why rethink what my notions of success services they need. Charlie Weltner or Harold Clarke were—to rethink what we owe to What did serving on were even thinking about retir- those who are less fortunate. It’s the Supreme Court ing. It was so much fun, it was so taught me to be more concerned, frankly, for the welfare of the pub- mean to you? exciting for me. I did think, after a little while, I might like to fol- lic as a whole than just the particu- It has been a great opportunity low in Harold’s footsteps and lar case or facts before us. Being on for service in trying to render a retire by the time I was about 67. the Court for 15 and a half years, stable and predictable body of But I got so interested in the I’ve come to realize that we are law; to develop policy to a certain Indigent Defense reform move- given so many things and have so extent that is favorable to all the ment that it delayed any many great opportunities that we, public. It has been a great oppor- thoughts of retirement. then, have a corresponding duty to

48 Georgia Bar Journal do for others. Arnold Swartznegger talked at the Chief Justice conference about his life and why he wanted to do things for the public. He was really going back to a Biblical principle—“to those who have been much, much is expected, much is owed.” I feel that more strongly now than I ever have, and I speak about it to young lawyers and to law firms now. We have been treated exceedingly well so therefore we need to face up to the responsibilities of trying to make things better for this world and for others. Is there one decision that stands out above the rest as one you will never forget? Why? There have been so many and when I finished 10 years on the Court, two of my longtime staff looked back over those years and selected one case a year they thought I would think was the most important. I have not set down and reviewed it, but I can put them in categories. The cases and opinions I drafted relating to the First Amendment and the freedom of the press and open government is one category which is extremely important and I take great pride in. The other would be any of a number of cases in criminal law where we attempted to make the process a little fairer for those accused of a crime. What is the most important piece of information you will share with the new Chief Justice? We’ve been sharing things for a long time. She and I attended the University of Virginia graduate program together in summers of 1993-94. We are not only colleagues; we’ve become very close friends. We have been very open with each other over the past four years. I have tried to include her as much as possible in the process of budgetary concerns so that she is better prepared for dealing with the appropriations committees of the House and Senate. I’ve had her involved with many of the things that we are doing with the judicial council and the administrative office of the court. I’ve kept Leah informed, and in some areas I’ve had her involved in the decision-making process. She’s ready. The one thing I would tell her is that you’ve got to decide what your particular primary focus is going to be, stand up for it and just lead. She’s just going to have to focus on what she wants to accom-

August 2005 49 plish besides the day-to-day time in their life for other impor- ferent conclusions about the same process of making decisions in tant things such as family, church, statutes. If the bench and bar are cases. I think she’s going to have a and community and to live a well- concerned about the outcome, much better relationship with the rounded life. they can go to the Legislature and Legislature than some of the legis- Final Thoughts they can change it.” lators may think because they About Justice Fletcher don’t know her quite as well as My first few weeks on this they knew me. She is ready and Court were so exciting. I particu- Prior to his appointment to the will do a very good job. We’re very larly appreciate Charlie Weltner, Supreme Court, Chief Justice fortunate to have her. Willis Hunt and Harold Clarke, Fletcher was engaged in the gener- What are you most who at the time had administra- al practice of law. He began his law tive duties of being chief. I could practice in 1958 as an associate in proud of? rely on Willis and Charlie for very the law firm of Mathews, Maddox, I’m most proud of what we’ve sound advice. They were always Walton and Smith in Rome, Ga. In accomplished with Indigent there for me, and you need men- 1963, he moved to LaFayette, Ga., Defense. It’s been a strong interest toring when you come to an to form a partnership with the late of mine ever since I got to the appellate court from practice. I George P. Shaw and Irwin W. Stolz court and I was influenced by If our democracy is to survive and we are Harold Clark. It’s really been a 40- year struggle that I was fortunate going to be a nation under the rule of law, enough to be here at the right time when the right opportunities came then our third branch of government must along. I’m very pleased to see that it’s being received as well as it is. be independent and must fairly and impar- We have to stay behind it and still support it because it’s got to be tially interpret and apply the law. refined; it’s got to be further developed and expanded but it’s cer- particularly appreciated those Jr. While in private practice, he tainly off to a very good start. Not close relationships and the advice represented the state of Georgia as many people have the opportunity I got from both of them. My work- a Special Assistant Attorney to make the type of change that ing relationships have been very General (1979-89) and he also affects so many lives, and I’m good. It’s a very collegial court. served as LaFayette City Attorney very, very happy about it, and I We have had disagreements, but (1965-89) and Walker County get a lot of peace and joy out of the that’s put behind very rapidly. It’s Attorney (1973-88). He continued fact that it’s been accomplished. just a disagreement about how we his general practice in LaFayette feel about the construction of until his appointment to the If you had the oppor- statutes. Charlie Weltner gave me Supreme Court. tunity to share just some good advice about that. Chief Justice Fletcher received one thought about After a long, tedious fight with his B.A. degree in 1956 and his the legal profession him over an entire term, I ended LL.B. degree in 1958 from the with current and up with a 4-3 decision where I University of Georgia. He also prevailed. I went to Charlie and earned an LL.M. from the future lawyers, what said, “Charlie, I hope I haven’t University of Virginia School of would that be and messed up the law here. You’re so Law in 1995. Chief Justice Fletcher why do you feel it is brilliant. I feel pretty strongly married the former Dorothy important? about this, but I hope I haven’t Johnson of Fitzgerald, Ga., in 1957. done any bad damage.” Charlie They have two daughters and five I would tell them they are enter- responded, “No, that’s the way it grandchildren. ing a very noble profession but should work. We have both laid they need to remember to make out our sides. We’ve come to dif-

50 Georgia Bar Journal There’s a New Chief In Town By Sarah I. Bartleson

“ congratulate citizens and

the representatives and the I leaders of the state of Georgia, my state,” Justice

Clarence Thomas said.“ I congratu-

late you for once again being in the

forefront, in the forefront of a day

like this. I never thought that in my

lifetime, I would be able to witness

a black woman as the chief justice

of the state of Georgia.” Chief Justice Leah Ward Sears was sworn into office on June 28, Photos by Sarah I. Bartleson officially taking office on July 1. Newly appointed Chief Justice Leah Ward Sears is not only the first female Justice Clarence Thomas made a chief justice of the Supreme Court of Georgia, but 13 years ago, she special trip to the South that day, to became the first, and youngest, woman to sit on the Court. be present as his friend and colleague took office as the first took some time to answer ques- For example, the first time I saw female chief justice of Georgia. tions for the Georgia Bar Journal. a female firefighter, I thought, “I know that you will call them What has been the “Wow!” But then you see them do as you see them, and I know that their jobs, and you’re fine with it. you will do that well,” Justice most difficult obstacle But initially, it takes a little mental Thomas said to Justice Sears. to get where you are adjustment. And some people Quoting playwright George today? aren’t willing to make the mental Bernard Shaw at her swearing in, adjustment as fast as other people. Justice Sears said: I was not from the standard My life belongs to the community mold at the time that I was begin- You are involved in and as long as I live, it is my priv- ning my career on the bench. When numerous professional ilege to do for it what I can. I want I first became a judge, most of the and civil affiliations. to be thoroughly used up when I other judges were older, white men. Why are these If you were a younger, black die. For the harder the work, the important to you? more I live. Life is no brief candle female, all the stereotypes didn’t to me. It’s a sort of flinted torch, really fit you. People had to look Community service is an which I have got hold of for a hard to see that you could possibly extremely important part of public moment and I want it to burn as be a judge. Overcoming those prej- service, and I’ve dedicated my life brightly as possible before hand- udices that weren’t just against me, to public service. Good lawyers ing it on to future generations.” but were against anyone who did- and good judges spend a good deal As Justice Sears began to get set- n’t fit into the traditional mold, was of their time giving to others. When tled in as the new chief justice, she most difficult. you have the kind of lush and lav-

August 2005 51 ish life that I’ve had, surely I have ting married or whose marriages to providing a secure environment an obligation to make sure that are breaking up. Sixty-five per- for the upbringing of our children. somebody else gets a little piece of cent of our civil jurisdiction is I do understand that in some cir- the pie. And that’s what I’ve divorce, child custody and child cumstances families never come always tried to act upon. support cases. I think since the together in marriage. I also under- During your time on courts are a microcosm of society, stand that divorces do happen. I’m that means that there are lots of divorced myself. But when you the Supreme Court, children, too many children, that are looking at 50-55 percent, I what are some of the don’t have fathers in their lives on think that figure is just too much. biggest and most an ongoing bases. And I think that we as a society memorable cases you The family is rapidly becoming will have to take a hard look at have been involved in? obsolete as we know it. It’s going to that, and push it back. be my goal to push back what I see What words of advice Any and all death penalty cases is a creeping presence since I start- are extremely memorable and ed practicing law—the disposable has Justice Fletcher extremely serious, so I tend to keep marriage. For many people, mar- passed on to you? those in a catalog in my brain. But riage is so disposable that they do You know, it wasn’t really the there have been some other very not even bother to get married words of advice that he passed on interesting cases. . . interesting for before they have children. to me so much, but his example of all kinds of different reasons. One In your speech after working hard. Justice Fletcher did was a virtual adoption case, which a fantastic job making sure that I thought when I was writing it, you were sworn in, the constitutional mandate that was a fairly routine case. But it you said that you every person accused of a crime, if ended up being cited in a trusts intended to do what they were looking at jail time, and estates book for law students, you can to help could have a lawyer. That is complete with my picture. I found Georgia’s families to required by our constitution. I that interesting because I thought it really respected his commitment was a fairly routine case. prosper and succeed. to see that that happened on his I’ve written over 900 opinions How do you plan on watch. If I can emulate Justice now, and that’s just the opinions doing that? Fletcher in that I also fulfill my I’ve written over the past 13 or 14 What I would like to do is set up commitment to better the judicial years. There’s been no great case a committee, a commission or a system, I feel like I would have that comes to mind that was much blue ribbon panel to study the lived up to his ideas and his bigger than the others. We have a effect that our changing families ideals. He was an excellent exam- lot of big cases all the time. I hesi- are having on the court system ple and a good role model. tate to pick a single case, because it and then ask them to make recom- would seem as if I had a personal When did you decide mendations for change. I’m not a interest in either the subject matter to study law and why? radical special interest type, you or that particular case. know, “You get married now. You I decided when I was very As the new chief get married forever.” I’m not that young, because I wanted to have a justice, what is your extreme. But I do think marriage is big impact on the lives of people. I number one goal? an extremely serious undertaking. was born in 1955, and came of age It’s a commitment that more peo- in the 70s, so many of the changes My number one goal is to pro- ple who have children need to that were being made when I was mote judicial independence. I am make and need to take seriously. I coming up, women’s rights, civil also passionate about making don’t believe in the marriage rights, etc., were all coming out of people aware of the growing vows, “I will love you until I the courts. And I thought that was problem that is being created in don’t.” Or “I will love you until I a good thing. I came to admire the our judicial system by the num- get tired.” I just don’t think that courts, particularly the federal bers of people that are never get- level of commitment is conducive courts at that time.

52 Georgia Bar Journal Technology Law Institute:

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Gaines Carter (Counsel, ARRIS International) “He actually made the law both funny and enjoyable - for an hour To register, visit www.computerbar.org anyway.” “Sean Carter was truly entertaining and contributed greatly to the success of our Sponsored by ICLE and the Technology Law Section Partnership Retreat. The partners are still talking about it.” When you did decide became the youngest person at 36 looking at them and deciding that to become a lawyer, and the first woman on the the trial court was correct, two Supreme Court of Georgia. notches before it got to us. You what were the ideals Thirteen years later, my col- know these aren’t all the great deci- that you had in mind leagues voted me in as chief justice. sions of the day. But there is enough as to what a lawyer How did becoming out there to keep me excited. should be and do? chief justice make What is your definition A lawyer should be first and you feel? of justice? foremost a servant to his or her That’s a good question. It client, albeit, you’re being paid for I felt very, very good. Because I depends on the case—it always it. A lawyer should be honest. And know my colleagues know my depends on the case and on the a lawyer should have integrity. skills better than anyone and if I wasn’t qualified, they would not person. It’s very similar to this (and Explain briefly your have voted for me. If they didn’t this is why it’s very hard to pin legal career. have trust and confidence in me, I down): I have two children. And would not have gotten the job. I they are two very different chil- I graduated from Emory Law had come off of a bruising election, dren. And justice for one is not jus- School in 1980. I started with the and it was nice to know that my tice for the other because they are law firm of Alston & Bird (then colleagues had confidence in me. so very different. Their needs are known as Alston, Miller & Gaines.) so very different. Three years after that, I left Alston & Is serving as a It really does depend on the Bird when former Mayor Andrew Supreme Court Justice case. I can sit here and give you Young appointed me to the City what you thought it some glib answer like, “fairness Court of Atlanta. Three years after would be? and equality for all.” But what is that, I ran for the Superior Court of equal for you? Sometimes you Fulton County, and I became the No, I thought what I would be don’t need equal. Sometimes you first female Fulton County Superior doing is coming in every morning need unequal. For example, if you Court Judge. Four years after that, and writing the great opinions of have a disability, we need to do former Gov. Zell Miller selected me the day. more to help you than the next at the age of 36 to serve on the It hasn’t been like that (chuck- guy. That’s justice for you, but it Supreme Court of Georgia. So I ling). I’ve had a few occasions to try may not be equal. I can’t really and do that. But I do decide that other than on a case by a lot of administra- case basis. It’s one of those things tive work. We work where you know it and feel it with the Bar on when you are doing it if you look many activities— hard enough. It really defies a lit- with the disciplin- tle pat answer. ing of lawyers and judges, and work- What is the most ing on commissions. important suggestion We are working on you have for attorneys all of these projects concerning how they to make sure that can improve their writ- the courts get better. And then some of ten work product filed the cases don’t with the Supreme require all that Court of Georgia? Prior to being sworn in, Chief Justice Sears greets much at all. They Read more, write more and her minister from the First Congregational Church are pretty easy and revise more. Write and revise. A in Atlanta, Rev. Dwight Andrews, who delivered the all we’re doing is invocation. good written product is only good 54 Georgia Bar Journal because it’s been revised a thou- performing more pro bono work. I There’s no greater feeling than that sand times. Revision is what makes know lawyers have to make a liv- and no greater calling. writing good. ing—I’d just like to see them make What can we do to a donation in this regard. Similarly, what is the change the perception? most important piece What federal or state court judge—living or I think we need to do a much of advice you have for better job of letting the public know attorneys concerning dead—do you admire the good things that lawyers really how they can improve the most and why? do. And I think we need to change some of our wording, the way we their performance at To be perfectly honest with you, put things. We need to do a posi- oral argument? it would be my cousin, John tive PR message, a professional Charles Thomas, who was the first Practice. Practice. Practice. Join one. It’s not often that people are African-American on the Supreme Toastmasters, get a speech coach, reminded of the good things the Court of Virginia. He left the learn the rules of good oral argu- legal community does. bench and is at Hunton & ment—keeping it short, focusing Williams now. I admire him What do you do for on just the issue you believe you because he is an excellent writer, a have a chance of winning. There enjoyment and/or good oral arguer and I can always are some good tools for good pub- relaxation in your call on him to give me advice. He lic speaking. Some lawyers come in had already left the bench when I spare time? and I can’t even hear them, they was coming on it, so it was always I love to shop with my daughter don’t even speak up. Or they read nice to have someone within the and my mother. We have girls their arguments. I like PowerPoints family that I could call on for shopping days where we lunch and charts—those are extremely advice as I made my way through and shop and just have a nice time helpful, but not in every single this maze. And so I do admire with each other. We really like case. I can always recall what I’ve him, a lot. And I am grateful to being with each other. My hus- seen on a chart or a board. have him in my family. band, Haskell Sears Ward, has If you had the oppor- Do you think the some property down in Griffin, tunity to share one Ga., and we often go down there. negative perception He fishes, I hike and we spend thought about the of lawyers, by the legal profession with some time together relaxing. public, is fair? Griffin is a really laid back town current and future that has welcomed us. We love to No, not at all. I think lawyers lawyers, what would travel, and I’ve been all over the provide the basic building blocks world, from Asia to Africa, to that be and why do of this great democracy. Lawyers Europe, to Egypt, all around. you feel its important? have fought to maintain this coun- Whenever I can I like to travel with try. This is a country based on laws, Take some of your time to help my husband and my kids. those who can’t afford your servic- and I know that all of the rights that I have and all of the rights that es. And do so gratis. We have a cri- Sarah I. Bartleson is the assistant sis in this country and in this are protected are always protected director of communications for state—poor people and lower because of the skills of lawyers. the State Bar of Georgia. income people do not have access I hold lawyers in very high to basic legal services. I’d like to see esteem. I don’t laugh at lawyer Jennifer N. Riley is the adminis- more lawyers extend a helping jokes, and I don’t snicker at them. I trative assistant in the Bar’s com- hand to those people who are shut don’t think they’re funny. I always munications department and a contributing writer to the Georgia out, and let them have access to a aspired from the beginning—from Bar Journal. lawyer and access to the justice sys- 7 or 8 years old—to be a lawyer. I tem. I’d like to see more lawyers wanted to be able to go to court and get “justice” for somebody.

August 2005 55 GBJ feature

Atlanta Attorneys Serve 16,000 Needy Clients Through AVLF By Martin Ellin

reached two important conclu- to the tremendous unmet legal s the Atlanta sions: 1) given the unmet civil legal need in Fulton County. needs of the poor in Atlanta, no AVLF works to provide volun- Volunteer Lawyers matter how large the terrific teer attorneys and paralegals with Foundation cele- Atlanta Legal Aid Society attorney the training and support they need A staff grew, it would never be large to make their pro bono participa- brates its 25th anniversary, we are enough, and 2) a significant effort tion efficient, effective and reward- very proud of our achievements to to increase private attorney pro ing. Our programs cover an bono involvement was critically extraordinary amount of legal date, optimistic about the future of important to the aim of providing ground, providing pro bono effective legal service to low- opportunities for volunteers in all pro bono legal service in Atlanta, income citizens. From that deter- areas of the law. and dedicated to linking even more mination, the Atlanta Volunteer Q Volunteers write wills for Fulton Lawyers Foundation was born, and County Sheriffs and Marshals, attorneys with clients in need. In because of the resolve of and the City of Atlanta firefighters, and support of the breadth of the soon, with the Atlanta Bar the past quarter-century, we have Atlanta legal community, AVLF Association, AVLF will start a referred over 16,000 clients to pri- has thrived, and now celebrates its program that will offer every 25th anniversary stronger than any Fulton County Courthouse vate volunteer attorneys—with time in its history. employee a will, living will or AVLF depends on volunteer other advance directive at no cost. cases ranging from drafting wills attorneys and paralegals to Q Volunteers also write wills for for emergency personnel following respond to more than 17,000 calls Fulton County senior citizens we receive each year, over 1,400 of and other non-ambulatory indi- Sept. 11 to serving as attorneys ad which are referred to private attor- viduals. neys. The level of commitment by Q Volunteers represent Fulton litem for abused and neglected the Atlanta legal community is at a County tenants who face immi- children. all time high: yet we remain nent eviction. aggressive in our efforts to recruit Q Volunteers serve in the Founded by the Atlanta Bar new volunteer attorneys. Even if Guardians ad Litem Program Association, AVLF has grown to be 2,000 lawyers volunteer this year, for the Fulton County Superior the preeminent volunteer attorney there will still be nearly 15,000 Court Family Division. referral program in the Southeast. lawyers in the Atlanta metropoli- Q Volunteers provide the legal Twenty-five years ago, leaders of tan area who have not responded advocacy for domestic violence the Atlanta Bar Association

56 Georgia Bar Journal victims at One We join President Carter in congratulating lawyers who have Stop in the taken up the cause Fulton County our volunteers and encourage those who of justice. Courthouse. It is sometimes Q Volunteers have yet to volunteer to visit www.avlf.org said that a society speak at com- should be judged munity educa- for more information. by how it treats tion seminars Gate City Bar Association and par- those who are weakest. While opin- such as this spring’s Legal ticularly with the Atlanta Legal ions might differ on how we meas- Audit for Non-Profit Aid Society and the other wonder- ure against that standard, there is Corporations and seminars ful organizations in Atlanta that little doubt that over the last 25 sponsored by the Marcus provide our clients with free legal years, AVLF has done its part to Institute, the Federal Reserve and other assistance. help those less fortunate. We Bank and the Atlanta At a recent 25th anniversary cele- applaud your sacrifice and commit- Neighborhood Development bration, AVLF honored our ment to fair representation for all. Program. founders, Hon. Charles Carnes, John We join President Carter in con- Q Volunteers represent families Chandler, Robert Dokson, Hon. Jim gratulating our volunteers and concerned that their special Martin and Hon. Sidney Marcus. encourage those who have yet to needs children may not be The foundation also received a letter volunteer to visit www.avlf.org for receiving an appropriate edu- of support from Rosalyn and more information. We look for- cation. President Jimmy Carter, a portion of ward to seeing how much the Q Volunteers serve as attorneys which reads as follows: ad litem for abused and neglect- Atlanta legal community can ed children in the Fulton We are pleased to congratulate achieve in the next 25 years. the Atlanta Volunteer Lawyers County and DeKalb County Martin L. Ellin is the executive Juvenile Courts. Foundation on a quarter century of director of the Atlanta Volunteer Q Volunteers staff the Fulton service to the people of Atlanta. Lawyers Foundation. Ellin began County Probate Information Although much has changed in the his career as a staff attorney, then Center. world since AVLF began in 1979, a managing attorney for the Q Volunteers file bankruptcy peti- one constant has been the need of Atlanta Legal Aid Society, followed tions and can coordinate the our low-income citizens to have by a 20-year career in private practice. In 1999, Marty served as provision of financial counsel- access to quality legal services. Director of Legal Services for the ing for eligible clients. Thankfully, AVLF has been there to Justice Center of Atlanta, before Q Volunteers address consumer help fill the void through the tireless and creative efforts of its staff, its assuming his current position in complaints, recover security 2001. Marty is a graduate of Duke board, and perhaps most important- deposits, help victims of University and the University of ly, the thousands of volunteer domestic violence secure Maryland School of Law. divorces and so much more as we continue to evolve and expand the delivery of pro bono legal services to the poor. The Foundation is supported by a strikingly broad array of Atlanta’s lawyers, both financially and in terms of the numbers of volunteers who staff our pro bono programs. AVLF has a close relationship with all of the Fulton County Courts, the Atlanta Bar Association and its sections, the

August 2005 57 GBJ feature

Coordinated Data Flow in Georgia Courts Will Benefit the Bar By R. William Ide III, A. James Elliott, Rudolph N. Patterson and the Hon. Timothy A. Pape

Public Defender Standards he Supreme Court of Council, the Georgia Courts Automation Georgia Committee on Commission, the Georgia Court Technology Superior Court Clerks T Cooperative Authority, recently presented its unanimous and the Board of Court report to the full Supreme Court. Reporting. An advisory committee appointed by Mandated by the court to chart a the Supreme Court represented the executive and course “to embrace and improve legislative branches. The technology in the Georgia courts Administrative Office of the Courts provided staff for the greater efficiency of the support to the committee Professor A. James Elliott, Associate Dean of throughout 14 months of Emory University School of Law and former judicial system and to maximize president of the State Bar, is congratulated by hearings, analysis and dis- Chief Justice Norman S. Fletcher for his lead- cussion. limited court resources,” the com- ership as reporter of the Supreme Court While the groups repre- Committee on Court Technology. mittee’s findings and recommen- sented constitute some of the main players in the judicial sys- Q The level of technical and infra- dations should be of great interest tem, other groups also have a sig- structure support available; and to the legal profession. nificant role in any court informa- Q The personal preferences of indi- tion technology initiative. These vidual judges or clerks of court. The composition of the commit- include city and county govern- Under these circumstances, it is tee reflected many of the diverse ments, police and sheriffs’ depart- not surprising that the committee interests affected by information ments, and social service agencies. found a tremendous range of tech- flow within the court system. The level of information technol- nological sophistication within Members included judges of all lev- ogy available to any of Georgia’s each class of court, within counties, els of court except the Court of 1,100 trial courts depends on a and even within similar classes of Appeals and Supreme Court, clerks wide variety of factors. These court in the same judicial circuit. of all levels of court, district court include: Georgia’s judicial branch repre- administrators, and representatives Q The fiscal means and level of sents an intricate network of differ- of the State Bar, the Prosecuting interest of a city or county ent courts, different jurisdictions, Attorneys Council, the Georgia which funds court operations; different funding sources and dif-

58 Georgia Bar Journal ferent levels of technology even thwart terrorism. Such errors can Lack of an appropriate technolo- within a single class of courts or a erode public confidence in justice gy infrastructure in the courts may single circuit. While some counties and in public safety. also hinder the effectiveness of proj- have achieved a measure of IT Furthermore, inadequate tech- ects undertaken by the Georgia integration, there is no statewide nology infrastructure in Georgia’s Crime Information Center and other or even circuit-wide system that courts leads to unnecessary costs. agencies to automate the identifica- allows data to be exchanged seam- A main culprit is duplicative man- tion of criminal records, felony dis- lessly among all courts and other ual data entry at every stage of the positions, firearm violations, agencies involved in the adminis- criminal justice process. It has been domestic violence offenders and tration of justice. While a handful estimated that identifying data is traffic case dispositions. Legally of courts offer those who use them entered four times before it gets to mandated electronic reporting and work in them sophisticated the clerk’s office, where it is requirements may not be met. means of accessing information, entered again, as well as at the dis- Public access to information and most lag far behind the standards trict attorney’s office and the public to the court system is also ham- of other government sectors. defender’s office. At each point, the pered by the inability to access Indeed, the fact that a number of possibility of error occurs. court and case information online courts—including some that han- Witnesses testified that substan- and to file civil cases electronically. dle the majority of local cases—still tial amounts of clerical time are At the same time as the ineffi- enter data manually and lack basic spent in retrieving paper files from ciencies caused by inadequate tech- hardware and software demon- storage, copying records, transfer- nological resources in the courts are strates how fundamental is the ring records, or locating files in use increasingly exposed, technological challenge. by a judge or court personnel. In innovation is making old barriers Facts (information) form the addition to the cost of clerical time easier to overcome. Modern soft- basis for the operations of any judi- lost, the expense of storing thou- ware can convert data into stan- cial system, and information flow sands of paper files is significant. It dardized formats and terminology. is its lifeblood. Facts are compiled costs between $125 and $135 per This technology enables disparate as matters are brought for resolu- square foot to build file storage in a court computer systems to transmit tion by the courts. The compilation modern courthouse in Georgia. and receive data with their existing begins with the investigating offi- In contrast, an online case file software and hardware. cer or initiating party and travels, allows multiple authorized users to Various national initiatives that gathering additional facts, through view a document at the same time, will allow the exchange of informa- the various agencies and parties on without waiting for a paper file to tion among Georgia courts and its way to the courts for resolution. be located and retrieved. The cost court-related agencies were identi- These facts, and the information to store information electronically fied. These include: presented to the court or jury, form is minimal by comparison with that Q The Global Justice XML the basis for decisions and the reso- of paper. (Extensible Mark-Up Language) lution of disputes by the justice system. The resolutions, whether they are sentences of criminal defendants, orders for payments of debts owed or settlements of civil disputes, themselves become information upon which the public acts. If information flow is compro- mised at any point in this complex system, miscarriages of justice can occur. A prisoner may be set free, an error in judgment made, a protective order withheld, or access lost to information that could

August 2005 59 Data Model and Data 25% E-filing has been success- Dictionary, developed by fully implemented in Cobb the Georgia Tech Research County Magistrate Court Institute through a grant 20% since January 2004. Between from the U.S. Department January and November, the of Justice, Office of Justice percentage of eviction cases 15% Programs; filed electronically rose Q OASIS, the Organization from 0.7 percent to 41 per- for Advancement of 10% cent and the percentage of Structured Information small claims filed electroni- Systems, which produces cally averaged 16 percent. specifications and stan- 5% However, e-filing programs dards for use in XML in offered by the state courts of general as well as Legal Chatham and Clayton coun- XML for courts; and 0% ties failed to attract users 2001 2003 Q The National Center for and have been discontin- State Courts’ model access Figure 1: E-filing by lawyers 2001 ued. One possible reason policy and functional and 2003. Source: ABA surveys offered for the failure of the guidelines for case man- Chatham County program agement systems. ing and storing documents. It is is that the community is relatively As members of the Bar, attor- already making its presence felt in small and did not present the geo- neys have much to gain from Georgia. The U.S. District Court for graphic problems that e-filing automating the flow of information the Middle District of Georgia overcomes. to and from the courts, including introduced mandatory e-filing in E-filing also has the potential to the ability to file cases at any time October 2004. It was implemented overcome some of the problems of day in courthouses in remote in the Northern District of Georgia associated with pro-se litigants, who locations, and to review documents on July 15, as part of the federal in many cases file hand-written filed in a case online. Access would judiciary’s shift to an electronic claims. These cases may go on be subject to appropriate firewalls case filing system. appeal to state or superior courts. and to confidentiality and privacy Only two classes of state court in Superior courts also handle a num- safeguards. Georgia are specifically authorized ber of divorce cases brought by pro As part of its mandate, the com- by statute to adopt e-filing: magis- se litigants. While pro se litigants, mittee examined the potential use trate courts and the Supreme especially those with low incomes and benefits of electronic filing (e- Court. However, other courts may and limited access to technology, filing) in Georgia. E-filing enables do so, and a number have chosen present special problems for adop- documents and other court infor- to do so.2 E-filing has been adopted tion of e-filing, adaptations can be mation to be transmitted to the by Fulton County State and made to facilitate their use of this court online, rather than on paper. Superior Courts for use in asbestos technology.4 Making court forms An American Bar Association cases.3 Parties sign on through the available online, at least for the most member survey shows that the use system’s vendor. The public can common types of pro se actions, of e-filing by lawyers is growing access the docket online through a would benefit the public and save (See Figure 1). public access terminal located in time for court staff. This would also E-filing has been facilitated in the clerk’s office. Fulton County improve the ability of courts to Georgia by a law1 that authorizes Superior Court has implemented e- move cases expeditiously through the use of an electronic signature in filing for the trial of Brian Nichols, the system. The committee endorsed place of a handwritten signature to the accused in the Fulton County the principle that pro se litigants facilitate online transactions. Courthouse shootings. When the must be considered in the planning E-filing also allows courts to proposed Business Court in Fulton and implementation of e-filing in function more efficiently by reduc- County is in operation, the use of e- Georgia, and that e-filing should not ing staff time spent filing, retriev- filing will be encouraged. create barriers for low-income self-

60 Georgia Bar Journal represented people who seek access The State Bar would have one repre- individual court or class of court. to the justice system. sentative on the JTCC, as would the While the committee recognized Taking all these factors into con- Prosecuting Attorneys Council, the that a coordinated approach to sideration, the committee conclud- Georgia Public Defender Standards information sharing is vital, it ed that technology improvements Council, the Georgia Council of believes that the goal can be accom- in Georgia’s court system are Court Administrators and the plished without a significant urgently needed in order to protect Council of Superior Court Clerks. A impact on the autonomy of classes public safety and homeland securi- Stakeholder Coordination Advisory of courts or of individual courts. ty, and enhance the efficiency of Group representing other stake- Attention should be focused on the court system and the conven- holders in the judicial system, documenting the intersection of ience of the public. Its challenge including the legislative and execu- data among state and local justice was to come up with a structure to tive branches, would also be created. agencies and the courts, instead of ensure the flow of information as The committee concluded that on operations within individual needed, to designate the channels participation in the JTCC should be courts or classes of court. through which it should flow, and voluntary, if possible. This would To facilitate such data exchange, to find a way around or over obsta- be achieved through a contract or the JTCC should develop statewide cles that currently block the flow. Memorandum of Understanding to open standards such as Legal XML The primary obstacle to coordi- participate in the JTCC freely and a data dictionary for the shar- nated information flow is the fact entered into by each class of court ing and exchange of data among that Georgia does not have a uni- and relevant external agencies. The the various systems. Furthermore, fied trial court system. As advantage of entering into an the judicial branch should tap into described above, funding for agreement or MOU is that the existing state initiatives to facilitate courts is heavily dependent on JTCC would derive its authority data exchange in order to maxi- arbitrary local government alloca- from the grass roots, thus giving it mize its resources. tions. No uniform standards have more legitimacy among stakehold- Above all, to overcome the been adopted to facilitate the flow ers. On the other hand, for the financial barriers to investments in of information among courts, or agreement approach to be among courts and related parties, meaningful, all classes of such as government agencies or the courts would need to sign it private Bar. There is no single body and it would have to be to seek funding or set standards for enforceable. Voluntary com- the court system as a whole. pliance is to be preferred. The committee focused its efforts However, legislation man- on addressing these issues. It recom- dating compliance should be mended creation of a judicial gover- adopted if agreement has not nance structure, to be named the been achieved at the end of Judicial Technology Coordinating 12 months. Council. The JTCC would be estab- The committee also specif- lished by an order of the Supreme ically restricted the JTCC’s Court. It would establish and coor- sphere of influence. All dinate statewide IT priorities for courts would be required to both criminal and civil justice. It comply with standards would be authorized to seek fund- established by the JTCC for ing for statewide projects, establish exchanging data with anoth- and ensure compliance with uni- er class of court or a state form standards for IT connectivity, agency. However, the JTCC and provide accountability and con- would have no power to R. William Ide, III, chair of the Supreme sistency. mandate the use of court Court Committee on Court Technology, The JTCC would include two rep- management software and presents the committee’s report to the full resentatives of each class of court. technology specific to an Supreme Court of Georgia.

August 2005 61 the courts deliver services in a SUPREME COURT Kimberly Hunnicutt (Board of Court Reporting) more accessible electronic format, COMMITTEE ON while many courts are continuing COURT TECHNOLOGY Judge Joseph Iannazzone (State to do business as they always have. Court, Gwinnett County) As the committee recognized, the The members of the Supreme Court road to the record room is no Committee on Court Technology Judge Cliff L. Jolliff (Juvenile were: Court, Hall County) longer a paved road, but an elec- Steven D. Kelley (District tronic road. Constituents of the R. William Ide III, Chair Attorney, Brunswick Circuit) judicial system are demanding improvements that can only be The Hon. Timothy A. Pape, Co- William J. Martin III (Clerk, addressed through improving the chair Georgia Court of Appeals) way information technology is A. James Elliott, Reporter Jodie Overcash (District 7 Court leveraged. Judge John D. Allen (Superior Administrator) Agencies such as police and sher- Court, Chattahoochee Circuit) Rudolph N. Patterson (State Bar) iff’s departments, the Department of Corrections, the Department of Carlton W. Blair Jr. (Clerk, Judge John C. Pridgen (Superior Juvenile Justice, the Department of Chatham County State Court) Court, Cordele Circuit) Human Resources, and the Barbara Bledsoe (Clerk, DeKalb Judge Thomas W. Reed Department of Family and County Juvenile Court) (Magistrate Court, Dade County) Children’s Services request or Gayle Collins (Clerk, Whitfield Jean H. Rogers (Clerk, Crisp transmit data extensively to the County Magistrate Court) County Superior Court) courts, as do private probation companies and treatment providers Judge William M. Coolidge III Judge William J. Self II (Probate associated with Drug Courts, DUI (Municipal Court, Duluth, Court, Bibb County) deceased) Courts and Mental Health Courts. V. Natasha Perdew Silas (Georgia Demand for online access to John E. Cowart Jr. (District 2 Public Defenders Standards court forms, court documents and Court Administrator) Council) e-filing will also come increasingly Judge John Kinsley Edwards Jr. Rosa Stroud (Clerk, Henry from the public.5 The public expects (Municipal Court, Valdosta) County Probate Court) to do business with the courts as Jane Gaguski (Clerk, Municipal Judge Brenda S. Weaver (Superior efficiently as with other sectors of Court, Lawrenceville) Court, Appalachian Circuit) government. Citizens want ready access to their marriage licenses, Malvern Ulysses Griffin III (State Sherie M. Welch, Clerk (Supreme divorce decrees, and other docu- Bar Technology Section) Court of Georgia) ments, as well as to court schedules Judge N. Jackson Harris (Superior F. Barry Wilkes (Clerk, Wilkes and other information in the court Court, Blue Ridge Circuit) County Superior Court) records. While this demand has to be balanced against the require- technology caused by Georgia’s The committee also recommend- ments of confidentiality, the trend fragmented court system, the com- ed that the JTCC adopt standards is likely to grow. Similarly, the pri- mittee recommended creation of a for e-filing and encourage its use in vate sector increasingly needs accu- stable, ongoing source of funds Georgia. It specified that all new rate court information for credit that does not depend solely on information technology initiatives and employment decisions. annual legislative appropriations should address and satisfy privacy In order for the justice system to fund statewide court technology concerns. and the courts of the state of efforts. These funds and all tech- It is our hope that members of Georgia to meet the needs of the nology initiatives that require the Bar will get behind this effort to public, the judiciary of this state cooperation among agencies bring the Georgia courts into the must ensure that the information would be administered by the 21st century. Other agencies and which is derived from its opera- JTCC. private entities are demanding that tions is trustworthy, timely and

62 Georgia Bar Journal protective of the public. The objec- Endnotes tive will be obtained only if all 1. OCGA §10-12-4 components of the judicial system 2. For example, Gwinnett County is of the state work together to ensure in the process of adopting e-filing, uniformity of information gather- which it describes as a “virtual gateway for individuals, attorneys, ing, timely access to justice infor- and agents who want to file an mation and data (with appropriate original pleading or response in protections of privacy), and the the courts we serve.” The system efficient and ethical management has the following capabilities: Q Windows 98 or newer versions of both the information and the of Windows required. No other state’s resources and monies. software required; As former Chief Justice Norman Q Accepts documents in Word, S. Fletcher said in accepting the com- Excel, Access, Word Perfect, or PDF format; mittee’s report, “Our judicial system Q E-file is not available in all and the citizens of Georgia deserve courts and a limited number of and need better court technology. forms are available; Q All fees and costs may be easily Let us all resolve to work together to paid online by Visa or implement your recommendations MasterCard; as soon as reasonably possible.” Q Bulk filers may establish an account with the Clerk (approval required). The full report of the Supreme Court The process involves six steps: Committee on Court Technology, 1 Select a court and case type; “Embracing Information Technology in 2 Enter party information; Georgia’s Courts,” may be viewed online 3 Enter case information; 4 Attach prepared documents at www.georgiacourts.org/aoc/publica- along with case (optional); tions/finalreport.pdf. 5 Review documents and batch summary; R. William Ide III, a partner in 6 Submit payment if required. McKenna Long & Aldridge L.L.P. 3. http://www.lexisnexis.com/file- andserve/rules/pdfs/GA- and past president of the FultonStateAsbestos.pdf American Bar Association’s House 4. Ronald W. Staudt. “White Paper: of Delegates 1993-94, chaired the Self-Represented Litigants and Supreme Court Committee on Electronic Filing.” 2003. Court Technology. www/judgelink.org/presentations/SRLandE-filing. The paper A. James Elliott, associate dean presents conclusions of an expert of Emory University School of Law group including representatives of and past president of the State the Legal Services Corporation, NCSC and other organizations. Bar of Georgia 1988-89, was 5. “The cultural shift to e-filing will reporter for the committee. come from millions of consumers and businesses filing their taxes Rudolph N. Patterson, a partner online, or paying for their car tabs, in the Macon law firm or voting online.” Brandon E. Westmoreland, Patterson, Moseley Hillis. Jurist. 2000. & Hinson, L.L.P., and past presi- jurist.law.pitt.edu/courttech1.htm. dent of the State Bar of Georgia The committee also heard testimo- 1999-2000, represented the State ny that modern software can generate forms, including some legal Bar on the committee. documents, in XML language. The The Hon. Timothy A. Pape, Floyd document is completely open, can be modified and is easy to use. County Juvenile Court Judge and Such forms can be on court Web chair of the Georgia Courts sites or be embedded in the data- Automation Commission, co- base to facilitate online transac- chaired the committee. tions with the courts. Hardest Working Site on the Web. Working Hardest www.gabar.org

August 2005 63 second award to Horder in recognition of his KUDOS exemplary service to Grandparent-Headed Marietta attorney Michael Manely received the Families. Since 2001, Kilpatrick Stockton has con- annual Mary Beth Tinker Award in May. The tributed 7,100 hours of pro bono representation

Bar award is presented to the person who has most through the Grandparent Adoption program, a courageously championed the rights of America’s value of just under $2 million, impacting the lives high school students. Manely was selected for the of hundreds of children and their caregivers.

& award because of his successful advocacy of First Kilpatrick Stockton’s Signature Grandparent Amendment Rights in Selman v. Cobb County Board Adoption Program was created by Horder in 1997 of Education. in partnership with the Atlanta Legal Aid Society to provide pro bono representation in adoption DuPont Legal announced that Kilpatrick cases to low income grandparents who were rais- Stockton LLP was honored as one of a select num- ing their grandchildren. ber of firms receiving this year’s “Meeting the Challenge” award. This recognition goes to an Christopher Glenn Sawyer, partner, Alston & elite group of DuPont Primary Law Firms and Bird LLP, was presented with the Chattahoochee Bench Service Providers who distinguish themselves for Nature Center’s 2005 Lifetime Achievement sustained contributions to the DuPont Legal Award in May for his seven years of leadership Model. In particular, Kilpatrick Stockton is with the Trust for Public Land and the Nature acknowledged for its: Outstanding legal services Conservancy of Georgia in creating a 148 mile lin- and results in all areas of litigation and appellate ear park system along the Chattahoochee River. work; collaboration with other DuPont Primary This acreage has been set aside permanently for Law Firms and Service Providers; and participa- public use and benefit, and also protects the tion in and support of the DuPont Legal Model Chattahoochee River by creating a buffer between and leadership in paralegal utilization. The development and the river. From 1996 until 2004, DuPont Legal Model is a comprehensive and inte- Sawyer served as chairman of the Chattahoochee grated process that takes a business-focused and River Coordinating Committee, which he founded results-oriented approach to the law, and helps to coordinate the primary partners and agencies in law firms and corporate law departments improve their focused pursuit of the collective vision for the quality, cost and efficiency of legal services. the Chattahoochee Greenway. Sawyer joined Alston & Bird in 1978, has been a partner since Kilpatrick Stockton announced Pro Bono partner 1985, and is a member of the firm’s real estate Debbie Segal was recently recognized by the group. National Association of Pro Bono Professionals with the prestigious William Reece Smith Special Kilpatrick Stockton Services to Pro Bono Award. The award was pre- announced that partner sented to Segal at the American Bar Evelyn Coats was Association/National Legal Aid and Defenders selected for the Association’s Equal Justice Conference in Austin, Leadership Atlanta Class of 2006 and asso- Texas. This acknowledgement is intended to rec- Coats Beyah ognize the efforts of those who, on a national, ciate Kali Beyah was regional or statewide basis, bring about innova- selected for the L.E.A.D. Atlanta Class of 2006. tions, generate support for, provide assistance to Coats was one of 74 individuals chosen to partici- or have other positive influence on the systems or pate in the Leadership Atlanta Class of 2006. It is networks of providing pro bono legal services. the mission of Leadership Atlanta to build a better community for everyone in the Atlanta region by Kilpatrick Stockton also announced that partner imparting to its members what makes Atlanta Rick Horder and the firm have been recognized unique and by inspiring them to take on and exer- by The National Center on Grandparents cise real leadership committed to serving the com- Raising Grandchildren for the firm’s signature mon good. As a partner in the Real Estate Practice Grandparent Adoption Program. The organiza- Group, Coats draws on 20 years of general com- tion, which recently held its first annual sympo- mercial real estate experience in her primary prac- sium in Atlanta, sponsored by Georgia State tice of representing developers in their acquisi- University, presented the firm with an award in tion, financing, development, leasing, manage- recognition of the firm’s advocacy efforts on ment and disposition of real estate. Beyah is one of behalf of Grandparent-Headed Families. At that only 38 individuals chosen to participate in same symposium, The National Center on L.E.A.D (leadership, education, action and direc- Grandparents Raising Grandchildren presented a tion) Atlanta, a Leadership Atlanta initiative for

64 Georgia Bar Journal young professionals. L.E.A.D. Atlanta provides partners meeting, held recently in Orlando. Bench young adults the opportunity to enhance their Adams practices in the area of litigation. As a trial leadership skills, tackle challenges facing the com- lawyer for more than 30 years, he has conducted munity and develop contacts early in their careers. jury and non-jury trials involving commercial law As an associate in the firm’s Litigation disputes, product liability cases and a myriad of Department, Beyah’s practice includes represent- other types of civil suits, including construction, ing clients in general commercial disputes and environmental, joint venture/partnership, toxic defending clients in product liability and commer- tort, class actions, administrative, probate, premis- cial tort claims. She also has broad experience in es liability and real estate litigation. He has also & the areas of personal injury, bad faith insurance successfully resolved litigation through alterna- claims and RICO claims. tive dispute resolution in many forums. Bar Womble Carlyle announced that Steven S. Kilpatrick Stockton LLP announced that the firm Dunlevie, member of the firm’s Atlanta office, was earned the highest recognition in the 2005 one of 18 of the firm’s attorneys that were named Chambers USA: America’s Leading Lawyers for best in their fields in the 2005 Chambers USA: Business. In total, 42 Kilpatrick Stockton attorneys America’s Leading Lawyers for Business. made this prestigious list in 13 distinct areas of Dunlevie, Administrative & Public Law/Banking & practice, including several individuals listed as Finance, is one of the founding partners of the law No. 1 in their respective practice area. Those rec- firm of Parker, Johnson, Cook & Dunlevie of Atlanta, ognized with this achievement included: Miles Ga., which merged with Womble Carlyle Sandridge Alexander, intellectual property; Anthony & Rice, PLLC, in June of 1996. His practice is divid- Askew, intellectual property; William Dorris, ed among corporate finance, mergers and acquisi- construction; and Richard Horder, environment. tions, banking, and commercial real estate. Kilpatrick Stockton was ranked No. 1 in four key practice areas, three in Georgia: construction, employment: mainly defense and was named Leading Georgia Firm for Intellectual Property. The following Atlanta Kilpatrick Stockton attorneys were also recognized for their note-worthy achievement in their respective areas: in banking & finance: Hilary P. Jordan; in bankruptcy: Alfred H. Daniel L. Daniel Oakley Lurey, Dennis Meir, Todd Meyers, Paul M. Holland & Knight LLP announced that that Rosenblatt; in construction: Brian Corgan, Atlanta partners Harold T. Daniel, Laurie Webb William Dorris, Randall Hafer, George Anthony Daniel and Mary Ann B. Oakley have been Smith, Neal Sweeney; in corporate/mergers & named leading attorneys in the 2005 Chambers acquisitions: Rey Pascual, David Stockton; in USA: America’s Leading Lawyers for Business. employment: James Coil, Richard Boisseau; in The firm had a total of 58 lawyers selected this employment litigation: William Boice; in environ- year. Harold T. Daniel practices in the firm’s ment: Richard Horder, Susan Richardson; in Litigation Section, specializing in complex factual healthcare: Phillip Street; in intellectual property: and legal issues involving antitrust, securities, Miles Alexander, Anthony Askew, Joseph Beck, RICO, business torts and commercial law. Laurie William Brewster, Jim Ewing, James Johnson, Webb Daniel practices in the firm’s Litigation John Pratt, Jerre Swann; in litigation: Susan Section, where her appellate work frequently Cahoon; and in real estate: Tim Carssow. addresses business, competition, and medical lia- Rankings assessed key qualities in the legal field, bility issues. Oakley practices in the firm’s including technical legal ability, professional con- Employment Law group, where she has substan- duct, client service, commercial tial experience in administrative proceedings, tri- awareness/astuteness, diligence, commitment als and appellate practice in all aspects of labor and other qualities most valued by the client. and employment law. Holland & Knight also announced that Alfred The National Association of B. “Al” Adams III, a partner in the firm’s Atlanta Corporate Directors recently office, has been elected to the firm’s Directors’ appointed Kilpatrick Stockton part- Committee. The Directors’ Committee consists of ner Neil Falis as a commissioner to 24 Holland & Knight partners from offices across its prestigious 2005 Blue Ribbon the country and is the policy-making body of the Commission (BRC). The 2005 BRC firm. Members of the committee serve three-year will be charged with addressing current trends in terms. The election occurred at the firm’s annual litigation against directors, new developments in

August 2005 65 federal and state stockholder litigation, new tomer loyalty cards, checks and more. RBS Lynk developments affecting the general fiduciary role is considered the 6th largest non-bank acquirer, of the board under common law and state corpo- the 9th largest merchant acquirer in the U.S. ration law, and key issues in indemnification and market and the 3rd largest processor of ATMs in

Bar insurance. The BRC’s findings will be compiled in the U.S. It is also comprised of Citizens Bank’s a report in October 2005. The commission will be Corporate and Commercial Credit Card chaired by Norman Veasey, former chief justice of Division, and Citizens Bank-Charter One’s ATM

& the Delaware Supreme Court. BRC commission- and Debit Card Division. Sandberg will also be ers will include legal and corporate leaders from managing the attorneys at RBS National Bank (a companies across the country. The NACD is a U.S. consumer credit card company), in national non-profit membership organization Bridgeport, Conn. dedicated exclusively to serving the corporate governance needs of corporate boards and indi- Morris, Manning & Martin, LLP, partner Rachel vidual board members. In addition to his appoint- Iverson was chosen to serve as the president- ment on the NACD 2005 Blue Ribbon elect of the Lawyers Club of Atlanta. Founded in Commission, Falis’ leadership in this area has 1922, the Lawyers Club of Atlanta has 1,700

Bench been recognized through his selection as members. It has grown from a small coalition of President of the NACD Atlanta Chapter, for lawyers determined to improve the standards of which he is now serving a two-year term. the legal profession to a highly diverse group, including members of the judiciary and practic- Kilpatrick Stockton LLP announced it was ing lawyers. Iverson is a partner in Morris, named a NameProtect Trademark Insider Manning & Martin’s residential real estate group. Award recipient for 2004. Recognized for its She has served on the Executive Committee of significant trademark filing activities in 2004, the State Bar of Georgia and was a Board member Kilpatrick Stockton was named the No. 1 for 10 years. In addition she served as president Atlanta Law Firm for the third year in a row, of the Younger Lawyers Section of the State Bar and Managing Partner Bill Brewster was recog- of Georgia and is a past chair of the State Bar’s nized as one of the “Top 20 U.S. Trademark Real Property Section. Iverson has been active in Filers,” based on number of filings in 2004. the American Bar Association, having been a These annual awards are granted by council member of the Real Property and Probate NameProtect to leading trademark attorneys Section and a delegate to the Younger Lawyers and law firms on a national basis, as recognized Division. She has chaired several real estate edu- in NameProtect’s latest edition of its quarterly cation seminars including a national seminar in NameProtect Trademark Insider report. The Washington, D.C. report provides the general business and legal industries with insight into trademark filing and Counsel On Call announced that trademark industry activities. Awards are deter- Dennis McKinnie has been named mined by the total number of new trademark executive director of its Atlanta applications filed with the United States Patent office. McKinnie brings more than and Trademark Office during calendar year 20 years of legal experience to the 2004. NameProtect’s Trademark Insider Awards company. In early 2001, he co- are given on an annual basis to provide special founded and served as a managing director of recognition to both the top law firms and indi- Contrado Partners, LLC, a management consult- vidual trademark attorneys for their annual ing firm located in the Research Triangle area of trademark application volume. North Carolina. Immediately preceding the founding of Contrado Partners, he was senior Doug Sandberg, general counsel vice-president and general counsel of two pub- and secretary for RBS Lynk licly traded enterprise software companies. Incorporated (formerly Lynk McKinnie also served as staff counsel to the Systems, Inc.) was promoted to vice Supreme Court of the United States and was a president and general counsel of part of the intellectual property litigation group Retail Direct USA. Retail Direct of Powell, Goldstein, Frazer and Murphy in USA is the newly formed payment services divi- Atlanta. Counsel On Call provides law firms and sion of The Royal Bank of Scotland, plc’s $140 corporate clients with top-level legal talent on an billion US operations. Retail Direct USA is com- as-needed basis. The firm places attorneys and prised of RBS Lynk, a single source, full-service paralegals with excellent academics and signifi- provider of electronic payment processing serv- cant substantive experience with law firms and ices including credit, debit, EBT, gift cards, cus- corporate legal departments.

66 Georgia Bar Journal then patent agent. Curfman’s practice focuses on Bench ON THE MOVE all aspects of patent prosecution and litigation in chemical and biotechnology related technologies. In Atlanta Jackson has worked for 10 years as a technology consultant creating and deploying computers, net- Sutherland Asbill & Brennan LLP announced works, applications, Web sites, and databases, and that Mark D. Wasserman had been named has held three summer associate positions as well firmwide managing partner. He is the co-chair of as a research assistant position at Emory where he Sutherland’s corporate transactional practice and conducted research on international patent policy & has been a member of the firm’s executive com- issues. As a computer scientist, Jackson’s practice mittee for the past three years. Wasserman plans focuses on multiple areas of software, electronics to continue the firm’s focus on top-level client and business method patent practice as well as Bar service, strategic growth, and pro bono and com- technology-related intellectual property litigation munity involvement. The Atlanta office is located and licensing. The law office is located at Suite at 999 Peachtree St. NE, Atlanta, GA 30309-3996; 1000, 999 Peachtree St., Atlanta, GA 30309-3915; (404) 853-8000; Fax (404) 853-8806; (678) 420-9300; Fax (678) 420-9301; www.sablaw.com. www.needlerosenberg.com.

Merchant & Gould, a national intellectual proper- Benjamin Vinson and Meredith Spence joined ty law firm, has named Alan G. Gorman manag- the Government Affairs group of McKenna Long ing partner in its Atlanta office. Gorman practices & Aldridge LLP as members of the state and local general intellectual property law with an empha- government practice. Vinson will serve as a gov- sis on developing business strategies and counsel- ernment affairs associate and Spence will serve as ing clients on matters relating to technology and government affairs manager. Both will be based in innovation. His practice encompasses all phases of the firm’s Atlanta office and will counsel clients patent portfolio management, including prosecu- on state and local legislative issues. Most recently, tion, searches, opinions, technology transfer, Vinson worked with the Georgia House of licensing infringement/validity assessment and Representatives serving as counsel to the Majority dispute resolution. The Atlanta office is located at Caucus including Speaker Glenn Richardson. 133 Peachtree St. NE, Suite 4900; Atlanta, GA Spence joins the local government practice from 30303; (404) 954-5100; Fax (404) 954-5099; the Charlotte Chamber of Commerce where she www.merchant-gould.com. was director of public policy. The office is located at 303 Peachtree St. NE, Suite 5300, Atlanta, GA W. Scott Smith, formerly a prosecutor for the 30308; (404) 527-4000; Fax (404) 527-4198; Cobb Count District Attorney’s office, has opened www.mckennalong.com. a private practice. W. Scott Smith, P.C., special- izes in criminal defense, personal injury and litigation. The office is located at 2060 Equitable Building, 100 Peachtree St., Atlanta, GA 30303; (404) 581-0999; Fax (404) 581-0998; www.peach- statelawyer.com.

Alphonso Han Waddell McGuireWoods LLP announced that Gordon Alphonso, Sam S. Han, PhD., and Robert J. Waddell Jr. have joined McGuireWoods’ Atlanta office. Alphonso, formerly a partner at Troutman

Brown Curfman Jackson Sanders, focuses his practice in environmental law, and his clients include utility companies. His Needle & Rosenberg P.C., named Charley F. emphasis is on air, solid and hazardous waste Brown, Christopher L. Curfman and Jason S. issues. As an associate in the firm’s commercial lit- Jackson as associates to the Atlanta-based law igation department, Han focuses his practice on firm. Brown joined Needle & Rosenberg in 2005. patents, trademarks, copyrights, and trade secrets. His practice includes patent prosecution, client Prior to joining McGuireWoods, he was an associ- counseling and opinion work in the areas of ate with Thomas, Kayden, Horstemeyer & Risley, biotechnology, electronics/software and bioinfor- LLP. Previously, he served under the Hon. Marvin matics. Curfman has been with Needle & Shoob, U.S. District Court, Northern District of Rosenberg since 2000, first as a science advisor, Georgia, and the Hon. Wendy L. Shoob, Fulton

August 2005 67 Superior Court. Waddell, also an associate in the Georgia, and the Defense Research Institute. Prior firm’s commercial litigation department, will to joining the firm, Spiers was a litigation associate focus his practice on complex commercial litiga- at Hall, Booth, Smith & Slover, P.C. The firm is tion. The Atlanta office is located at The located at 2650 Resurgens Plaza, 945 E. Paces Ferry

Bar Proscenium, 1170 Peachtree St. NE, Suite 2100; Road, Atlanta, GA 30326; (404) 995-9000l; Fax (404) Atlanta, GA 30309; (404) 443-4500; Fax (404) 443- 995-9100; www.raleysandifer.com. 5599; www.mcguirewoods.com.

& Kilpatrick Stockton LLP announced Ellwood “Ebb” Oakley III of Atlanta has joined that Russ Wofford has joined the Atlanta’s Closure ADR Group as a member of its firm in Atlanta as a partner in the panel of neutrals. Oakley has mediated more than Litigation Department. Wofford, 200 business-related disputes and arbitrated more whose practice will focus on antitrust than 30 cases in the past several years. In addition, and complex commercial litigation, the professor has written numerous articles in sup- will be a member of Kilpatrick Stockton’s interna- port of alternate dispute resolution in law and busi- tionally-recognized antitrust team. As lead coun- ness publications. Oakley is currently an associate sel, Wofford has represented multiple Fortune 500

Bench professor of legal studies in the J. Mack Robinson companies in actions involving antitrust claims, College of Business at Georgia State University. commercial lease disputes, consumer fraud Closure ADR Group is a full-service arbitration and statutes and breach-of-contract claims — both as mediation company which offers an exceptional plaintiff and defendant. In addition to his substan- roster of distinguished and respected neutrals with tial trial and arbitration experience, he has several broad-ranging experience across the full spectrum times successfully negotiated settlements with law of arbitration and mediation services. Founded in enforcement agencies to avoid their bringing 2004, the company serves law firms and clients claims against major corporations. Wofford cur- throughout the Southeast. The office is located at 30 rently serves as vice chair of the Exemptions and Stewart Drive, Atlanta, GA 30342; (404) 843-1302; Immunities Committee of the American Bar Fax (404) 529-4582; www.closureadr.com. Association’s Antitrust Section, has recently joined the Board of the State Bar of Georgia’s Antitrust Thirty-year traditional labor lawyer Law Section and is a contributor to Antitrust Law veteran, Clifford H. Nelson Jr., joins Developments, the most authoritative antitrust Constangy, Brooks and Smith, LLC, treatise available. The office is located at Suite 2800, as a member (partner). Nelson is a 1100 Peachtree St., Atlanta, GA 30309; (404) 815- former senior partner at the manage- 6500; Fax (404) 815 6555; www.kilstock.com. ment labor and employment law firm of Wimberly, Lawson, Steckel, Nelson & In Albany Schneider, P.C., where he practiced for 16 years. Allen H. Olsen has joined the law He has handled cases before both the National firm of Moore, Clarke, DuVall & Labor Relations Board and the courts. Nelson’s Rodgers, P.C., with offices in principal practice areas are union avoidance con- Albany, Atlanta and Valdosta. sulting and campaigns, NLRB litigation and union Olson’s practice will focus on the negotiations and arbitration. His entire client base area of agricultural law, including of national and regional companies accompanied federal farm programs, agricultural payment lim- him to Constangy, Brooks and Smith. Clients range itations, conservation easements, perishable com- from HCR Manor Care, a leading long-term health modities issues and other legal matters affecting care provider with facilities across the country, to farmers, ranchers and agricultural-related busi- Lamar Advertising Company, one of the largest nesses. The Albany office is located at 2829 Old outdoor advertising organizations in the United Dawson Road, Albany, GA 31707; (229) 888-3338; States. The Atlanta office is located at Suite 2400, Fax (229) 888-1191; www.mcdr-law.com. 230 Peachtree St. NW, Atlanta, GA 30303; (404) 525-8622; Fax (404) 525-6955; www.constangy.com. In Brunswick Ferrier & Ferrier, P.C., Raley & Sandifer, P.C., announced that Alison formerly known as Reich Spiers has joined the firm as an associate. Ferrier & Associates, Spiers’ experience involves representing corpora- announced its recent tions, small businesses and individuals in the name change and its areas of business torts, contracts, intellectual prop- newest partner, Crystal erty, professional negligence, premises liability, J. Ferrier C. Ferrier R. Ferrier. Joseph H. probate, and land use. She is a member of the Ferrier and Crystal R. American Bar Association, the State Bar of

68 Georgia Bar Journal Ferrier have formed the only father-daughter law In Daytona Beach, Fla. Bench firm in Glynn County. Crystal’s practice will focus on the representation of injured consumers and ICI Homes announced that Sam individuals resulting from medical malpractice, Sparks has joined the organization as motor vehicle accidents, slip and fall occurrences, its managing director of land acqui- and product defects. The office is located at 1901 sition and development, focusing Gloucester St., Brunswick, GA 31520; (912) 264- mainly in ICI’s North Florida 8972; Fax (912) 264-8979; www.ferrierandferrier- Division. For 13 years, Sparks’ early law.com. career was spent as an attorney in his own Atlanta law firm practicing primarily in the area of real & In Columbus estate and development. He later served as president of Torrey Development Corporation, a divi-

Pope, McGlamry, Kilpatrick, Morrison & Bar sion of Torrey Homes in Atlanta and stayed on as Norwood, LLP, announced that Alan G. Snipes, regional president when Torrey was purchased by formerly a partner with Hatcher, Stubbs, Land, D. R. Horton. ICI Homes, with its corporate head- Hollis & Rothschild, has joined the firm as part- quarters in Daytona Beach, is Volusia and Flagler ner. The firm maintains offices in Columbus and Counties’ largest residential developer and home- Atlanta. The Columbus office has relocated to builder. Established in 1980, it has ranked among 1111 Bay Ave., Suite 450, Columbus, GA 31901; the nation’s Top 100 Builders by Builder magazine (706) 324-0050; Fax (706) 327-1536. for several years. The North Florida division office In Norcross is located at 2379 Bellville Road, Daytona Beach, FL 32119; (386) 788-0820; Fax (386) 760-2237; Coughlin & Kitay, P.C., announced that Steven J. www.ICIHomes.com. Edelstein, formerly of counsel to the firm, has been made a member, and the firm name has changed to In Orlando, Fla. Coughlin, Kitay & Edelstein, P.C. The firm, whose The Orlando law firm of practice is limited to civil rights defense and multi- ShuffieldLowman added veteran family accessibility issues, also announced the attorney, W. Marvin Hardy III, to its opening of an office at 475 Lincoln Blvd., Suite 483, litigation department. Hardy, a prac- Marina del Rey, CA 90292. The Norcross office is ticing attorney for 40 years, was for- located at 7742 Spalding Drive, Suite 478, Norcross, merly with the Orlando firm of GA 30092; (770) 840-8483; Fax (770) 840-9492. Gurney and Handley, P.A. Hardy practices in the In Birmingham, Ala. areas of commercial litigation, civil trial practice, personal injury and wrongful death. In addition, Timothy M. Fulmer, formerly of Emond, Vines, Hardy is extremely active in several civic organi- Gorham & Waldrep, P.C., announced the formation zations including the Emory Alumni Association, of Natter & Fulmer, P.C. Firm offices are located at Oxford College Board of Counselors and Boy 3800 Colonnade Parkway, Suite 450, Birmingham, Scouts of America. The office is located at AL 35243; (205) 968-5300; Fax (205) 968-5330. Gateway Center, 1000 Legion Place, Suite 1700, In Washington, D.C. Orlando, FL 32801; (407) 581-9800; Fax (407) 581- 9801; www.shuffieldlowman.com. Troutman Sanders LLP announced Charles A. Hunnicutt has joined the law firm’s Washington, In Lafayette, La. D.C., office. Hunnicutt, formerly of Robins, Kaplan, The law firm of Davidson, Meaux, Sonnier & Miller & Ciresi L.L.P., joins Troutman Sanders as a McElligott announced that Robert J. Martin Jr. partner, bringing valuable experience in aviation became of counsel to the firm. Martin will contin- policy and international trade from his past tenures ue to represent management in matters relating to with the U.S. Department of Transportation and the labor relations and employment law issues. The U.S. International Trade Commission. He counsels office is located at 810 South Buchanan St., clients on all aspects of international trade, includ- Lafayette, LA 70501; (337) 237-1660, Fax (337) 237- ing representation in unfair trade actions. His broad 3676; www.davidsonmeaux.com. commercial and international practice includes legislative lobbying and representation before executive branch departments and independent regulato- Correction: ry agencies, as well as related litigation and appel- On page 88 of the June issue of the Georgia Bar Journal late work. The firm is located at 401 Ninth St. NW, (Vol. 10, No. 7) Rick Horder was incorrectly listed as a Suite 1000, Washington, D.C. 20004; (202) 274-2950; partner in Kilpatrick Stockton’s real estate group. He is Fax (202) 274-2994; www.troutmansanders.com. a partner in the litigation practice group.

August 2005 69 Support Staff and Client Confidentiality By Paula Frederick Counsel “ ou really need to talk to your

support staff,” your buddy Ezra Y announces as he enters your office. “I heard some pretty juicy stuff on the

elevator ride up here. I didn’t know the

paternity test in the Newsworthy case had

come back negative!” “Who told you that?” you exclaim. “My assistants would never mention a client by name outside the office.” “I really wasn’t eavesdropping; it’s just our ethics rules and don’t have a license to hard to ignore a conversation that takes place risk in a disciplinary proceeding. The system in a 10’x10’ elevator. And they probably would come to a screeching halt if these folks never said Newsworthy’s name, but any- freely discussed the secrets they hear within body who reads the paper would know what the law office. they were talking about—there just aren’t The burden is on the lawyer to ensure that Office of the General that many divorce cases involving a Hooters nonlawyer staff behave in a way that is “com- girl and a church bishop. Anyhow, you’ll be patible with the professional obligations of the pleased to hear that your assistant has typed lawyer.”1 This means that any employee who up the changes you made to the discovery handles client money should be thoroughly responses and the document should be ready familiar with the Bar’s rules on trust accounts. to mail this afternoon.” If you’ve got a nonlawyer helping you with “I really need to talk to my support staff,” marketing, he or she should know the Bar’s you admit. “I personally do an orientation for rules on advertising and soliciting. And all every new employee. As a supervisor, I’m staff–whether you believe they are privy to more hands-on than most lawyers. How does client secrets or not—should be familiar with this stuff happen?” Rule 1.6 on client confidentiality. Lawyers are taught to keep client secrets. Our sense of professionalism, the Rules of Paula Frederick is the deputy Professional Conduct and the threat of disci- general counsel for the State Bar of Georgia. plinary sanction ensure that we don’t reveal the intimate details of our clients’ lives. But what about our employees? Legal assistants, secretaries, and even mailroom Endnotes staff constantly come into contact with sensi- 1. Rule 5.3 of the Georgia Rules of Professional tive information, yet they are not bound by Conduct.

70 Georgia Bar Journal Not to drop names, but LexisNexis® Applied Discovery® is the electronic discovery service trusted by top law firms and corporations. (At last count, 38 of the top 50 U.S. law firms were working with us—and the list keeps growing.) Our technology and services enable lawyers to locate, review and produce responsive documents We’re the e-discovery choice quickly and efficiently. for the nation’s top law firms and corporations. Perhaps that’s why we’ve received some prominent recognition recently, including the Law Technology News® Awards for “2003 Product of the Year” and “2003 Best Electronic Discovery System.” Plus, TechnoLawyer has named Applied Discovery® the “Favorite Electronic Discovery Application” for 2004. Of course, you can make it to one of these lists without choosing Applied Discovery. But apparently, it helps. To learn more, visit us today at lexisnexis.com/applieddiscovery.

LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Applied Discovery is a registered trademark of Applied Discovery, Inc. Other products and services maybe trademarks or registered trademarks of their respective companies. © 2004 Applied Discovery, Inc. All rights reserved. AL8216 Discipline Notices (April 8, 2005 through June 16, 2005) By Connie P. Henry

DISBARMENTS/ motion for continuance (both received and filed after the arraignment). The client subse- VOLUNTARY quently surrendered to authorities after call- SURRENDERS ing Cohen several times about the warrant, which calls Cohen did not return. Cohen

Discipline Darrin Shane Coats eventually agreed to meet in Florida with the Blairsville, Ga. client, prior to his surrender, but Cohen did Darrin Shane Coats (State Bar No. 170981) not appear for the meeting and later told his has been disbarred from the practice of law in client that he could not come to Georgia until Georgia by Supreme Court order dated April more than a month later. Cohen then filed a 26, 2005. Coats pled guilty in the Superior motion to set aside the bench warrant and Court of Houston County to one count each bond forfeiture. The client discharged Cohen of sexual battery, interference with child cus- and sought a refund of the fees, but Cohen

Lawyer tody, and delinquency of a minor. neither responded nor returned the fees. Gerald Phillip Ruleman Cohen filed a motion to withdraw from the Austell, Ga. case and to allow bond. In none of the filings Gerald Phillip Ruleman (State Bar No. with the superior court did Cohen reveal that 619417) has been disbarred from the practice he was not eligible to practice law in Georgia. of law in Georgia by Supreme Court order Justice Benham dissented. dated April 26, 2005. In three disciplinary Daniel Horton Byars matters the State Bar filed formal complaints Reston, Va. to which Ruleman failed to answer. In all Daniel Horton Byars (State Bar No. 100400) three cases, Ruleman agreed to represent has been disbarred from the practice of law in clients but thereafter would not return their Georgia by Supreme Court order dated April phone calls or respond to correspondence. 26, 2005. Byars failed to answer the Notice of He failed to return their documents, failed to Discipline filed by the State Bar. The facts withdraw from representation, and failed to show that a client retained Byars in August of answer Notices of Investigation. The Court 2003 in connection with the suspension of her noted in aggravation of discipline Ruleman’s driver’s license and paid Byars $500. multiple offenses, pattern of behavior, and Although the client attempted to call Byars 35 the actual or potential harm to his clients. times between August and November 2003, Marshall L. Cohen she reached him only once and he did not Fort Myers, Fla. return any other calls. Subsequently Byars Marshall L. Cohen (State Bar No. 174575) told the client that her case “was not going has been disbarred from the practice of law in anywhere” and that he could help her no fur- Georgia by Supreme Court order dated April ther. Byars was unable to support his 26, 2005. Cohen is a resident of Florida who response that he had spoken to the police and has been an inactive member of the State Bar the court, and did not return the fee. of Georgia since 1983. A client paid Cohen Byars was suspended from practice indefi- $2,500 to represent him in a criminal case nitely in 1980 for misappropriating funds in a pending in Georgia. Cohen failed to appear at fiduciary capacity due to an addiction to the arraignment and calendar call although alcohol. Byars was reinstated to practice only he sent a notice of appearance and filed a a few months before the current infraction.

72 Georgia Bar Journal Joe C. Ashworth Voluntary Surrender of License of converted estate funds. Gignilliat Pittsburgh, Penn. Clifton S. Fuller Jr. (State Bar No. did not respond to disciplinary On April 26, 2005, the Supreme 280050). On March 25, 2005, in authorities. Court accepted the Petition for Gwinnett County Superior Court, Voluntary Surrender of License of Joe Fuller was convicted of possession of SUSPENSIONS C. Ashworth (State Bar No. 025090). cocaine, a felony violation of the John L. Welsh II On January 5, 2005, the Court of Criminal Code of Georgia. Lawrenceville, Ga. Appeals of Maryland ordered that William R. Gignilliat John L. Welsh II (State Bar No. Ashworth be disbarred from the prac- Atlanta, Ga. 747685) has been suspended from tice of law in the State of Maryland for William R. Gignilliat III (State the practice of law for one year by violation of numerous rules of the Bar No. 293600) has been disbarred Supreme Court order dated April Maryland Rules of Professional from the practice of law in Georgia 26, 2005. In his Petition for Conduct. A final adjudication in by Supreme Court order dated Voluntary Discipline Welsh admit- another jurisdiction that a lawyer had May 23, 2005. Gignilliat was the ted that he pled guilty to three mis- been guilty of misconduct establishes executor of the will of his client, demeanor counts of violating conclusively the misconduct or who died in November 1999. The OCGA § 16-7-21 (criminal trespass) removal from practice for purposes of will provided for the client’s two in the Superior Court of Gwinnett a disciplinary proceeding in Georgia. children. Gignilliat was to hold in County. Welsh represented a client Jason Todd Shwiller trust the assets of the minors until in a divorce case and attempted to Dallas, Ga. they reached 25 years of age. assist his client in gaining access to On April 26, 2005, the Supreme Gignilliat failed to promptly marital property to which the client Court accepted the Petition for account for the estate’s assets, was legally entitled under the par- Voluntary Surrender of License of failed to make timely distributions ties’ settlement agreement. Welsh Jason Todd Shwiller (State Bar No. to the beneficiaries, and failed to was sentenced to 36 months on pro- 631310). Shwiller admits that (1) he is communicate with the two benefi- bation, $1,000 fine, and conditions facing an indictment in Fulton ciaries (or with the younger one’s of probation that include the filing County on felony drug charges guardian). He sold two parcels of of this petition and agreement to involving the possession of a large real property belonging to the suspension of his license to practice amount of cocaine, (2) he is facing estate and failed to account for the law for a period of 12 months. felony drug charges in Douglas proceeds from those sales. Spurgeon Green III County, to which he has agreed to a Gignilliat has not closed the estate Warner Robins, Ga. negotiated guilty plea, (3) after his or established trusts for the estate. Spurgeon Green III (State Bar arrest in Douglas County, he He has not filed an accounting with No. 307345) has been suspended revealed client secrets and confi- the Fulton County Probate Court for ninety days from the practice of dences to police, (4) he missed sched- since 1999. He has commingled law in Georgia by Supreme Court uled court appearances on behalf of estate funds with his own, and has order dated May 9, 2005. Green clients due to his being under the influence of illegal substances, (5) he has failed to communicate adequate- D. Jeff DeLancey, CPA, PC ly with clients and opposing counsel Certified Public Accountant/Certified Fraud Examiner due to his being under the influence of illegal substances, (6) he has used Forensic Accounting, Financial Investigations illegal substances with clients, and & (7) he has obtained illegal substances Litigation Support from clients.

Clifton S. Fuller Jr. Suite 250, 9 Lumpkin Street, Lawrenceville, GA 30045 Atlanta, Ga. 770-339-9556, 404-358-1060 www.jeffdelanceycpa.com [email protected] On May 9, 2005, the Supreme Court accepted the Petition for

August 2005 73 must meet certain conditions prior William Madison Yates Jr. (State and filed counterclaims. The suit to reinstatement. In May 2004 the Bar No. 780613) be administered a was remanded back to the superior Supreme Court of Illinois suspend- public reprimand. Yates, who is court, which subsequently granted ed Green from the practice of law both a doctor and a lawyer, treated summary judgment to the plain- for 90 days effective June 7, 2004, an 18-year old patient with antide- tiffs on all claims. She unsuccess- and directed him to reimburse the pressants and shortly thereafter fully appealed the decision. The Illinois Sate Disciplinary Fund for accompanied the patient to dinner Court found in mitigation of disci- any Client Protection payments where he consumed alcoholic bev- pline that Smith had no prior disci- arising from his conduct prior to erages. He then took her to his plinary record, that she fully coop- the termination of his suspension. home and began to fondle and kiss erated with disciplinary authori- This imposition of discipline arose her before she expressed her desire ties and that she exhibited good out of Green’s neglect of a client that he stop, after which she was moral character and a has a good matter in Illinois between 1995 and picked up by friends and taken reputation in the community. 1998 and his false denial of liability home. In 1999 the State Board of Robert Michael Leen for the $160,000 Illinois default Medical Examiners of South Seattle, Wash. judgment for legal malpractice that Carolina publicly reprimanded On March 28, 2005, the Supreme the client later obtained against Yates, fined him and indefinitely Court of Georgia ordered that Green. The Court noted in mitiga- suspended his license to practice Robert Michael Leen, (State Bar No. tion that Green had no prior disci- medicine pending successful com- 444780) be administered a Review plinary history and in aggravation pletion of psychological and Panel reprimand. This matter arose that Green had filed for bankruptcy behavioral assessments. In 2002 the out of Leen’s having received a for- rather than pay the $160,000. Green Board of Medical Examiners rein- mal reprimand for violations of the must reimburse the Illinois State stated Yates’ license in a probation- State of Washington’s Rules of Bar Disciplinary Fund as required ary status until compliance with Professional Conduct. by the Illinois Supreme Court prior conditions. Yates entered into an to reinstatement. Agreement for Discipline by INTERIM Consent with the South Carolina Anthony Gus Caroway Disciplinary Counsel in which he SUSPENSIONS Kingston, Ga. agreed to the imposition of an Anthony Gus Caroway (State Bar Under State Bar Disciplinary admonition or a public reprimand. No. 111079) has been suspended for Rule 4-204.3(d), a lawyer who The South Carolina Supreme Court 24 months with conditions for rein- receives a Notice of Investigation ordered the imposition of a public statement from the practice of law and fails to file an adequate reprimand. in Georgia by Supreme Court order response with the Investigative dated May 23, 2005. Caroway pled Panel may be suspended from the guilty to possession of cocaine; pos- REVIEW PANEL practice of law until an adequate session of methamphetamine by REPRIMANDS response is filed. Since April 8, ingestion; possession of marijuana; 2005, three lawyers have been sus- and driving under the influence in Bonnie Michelle Smith pended for violating this Rule and the Superior Court of Bartow Warner Robins, Ga. one has been reinstated. County. Justices Hunstein, On March 28, 2005, the Supreme Thompson and Hines dissented. Court of Georgia ordered that Connie P. Henry is the clerk of the Bonnie Michelle Smith, (State Bar State Disciplinary Board. No. 654848) be administered a PUBLIC Review Panel reprimand. In her REPRIMAND Petition for Voluntary Discipline Recent Discpline is also listed Smith admitted that after she was William Madison Yates Jr. on the Bar’s Web site at named as a defendant in a lawsuit Columbia, S.C. filed in a Georgia superior court, www.gabar.org/- On April 26, 2005, the Supreme she removed the suit to federal ethics/recent_discipline/ Court of Georgia ordered that court, and answered the complaint

74 Georgia Bar Journal Case Management Software: Fixing What Ails Your Law Practice By Natalie R. Thornwell Management

integration provided by this software and its egardless of firm size, shape, features make this software necessary in practices despite size or practice areas. As a gener- or concerns, law offices are al rule, case management software packages R hard pressed to efficiently han- will have the following main features. dle client cases without the use of a case Files All of the information for case files can be management software program. In fact, arranged and kept in the case manager. This practice management software, as it is called feature makes the genre of legal specific case management what it is. No other calendar- by many nowadays, is designed to provide ing/task managing combination program

Law Practice effective tools for handling or managing

your firm’s information—and not just the

case information. The distinguishing feature of case management software is the client’s case or matter feature which in essence allows the firm to put a copy of their physical files on the computer. This feature is at the center of case management software, just as files are at the center of the law practice. By examining the problems that exist in firms and the features of the time-saving, money-making case management programs, you can truly fix what’s ailing your law practice with this software. So, exactly what is case management software, and why has it become so necessary in the modern law practice? The short answer is case management software is the central data filing and organizational system for law offices. The need to organize and work around the offices’ files is needed in all law firms. The

August 2005 75 includes this vital part for attor- reminders can also be easily set for Notes neys. Not even the popular systems these items. The automatic forward- like Microsoft Outlook can brag ing of items that have not been Mainly as a part of their Files that they have cases or files as a fea- taken care of makes this feature an feature, case managers do not over- ture. Without a file centric system, electronic replacement for lists that look the need for extensive space to firms are forced to attempt building have to be handled over and over keep and track general case infor- their systems around contact and when done on paper. mation like memos to files. Firms will sometimes use notes for case event records that do not always Contacts give enough flexibility in terms of planning and even communica- accessing data in logical places. Taking over from the contact tions tracking. With case management software, management or PIM (personal Research everything about a client’ s matter information managers) that were Legal research can be conducted can be found on that client’s first introduced in the sales and and integrated with the case files in case/matter/file. Because data is marketing industries, contacts in case management systems. This is stored on the computer, users can case managers allow users to yet another vital part of the law save time and bill more time for include all contact information practice front end, and one of the completed work as opposed to for people and companies the areas that first started to be added wasting time looking for files and firm encounters. The contacts fea- beyond the basic features when the wasting billable time. Users are tures outperform the more gener- programs started to evolve toward often shocked to learn how much al contact management systems more full-bodied practice manage- can be earned in a year by imple- because they integrate with other ment products. menting a case management sys- information found in the case This is just the beginning of a tem. manager. Being able to add con- long list of features for today’s case Calendaring/ tacts to files and calendars is one of the greatest things about case management systems, and is also Appointments management software. why it might be best to call this software practice management software. Both group and individual cal- Phone Call From a technical standpoint, case endars are a standard feature in Management management software is typically a case managers. A lot of flexibility is relational database. The interrelated afforded users needing to move Users can track incoming and tables of data allow users to enter dates around to reset appointments outgoing telephone calls, and even data in one place, and the same data or to schedule a chain of events though the user might not know is then found in every other place it together, or even create recurring whether the ringing phone will would be needed without the user appointments. Some case manage- result in tracking the conversation having to enter the data again. This ment vendors have teamed up with or not, the ability to easily manage makes case management software a companies offering built-in calen- phone messages is also a standard true time saver in a busy law firm daring rules for various jurisdic- part of case management systems. environment. tions to further speed up the calen- E-mail Integration As the fields of the tables are daring/docketing process. sometimes open to the end users via Most, if not all, case managers To Do Lists either an administrative module or have the ability to include client directly in the program, customizing Case management vendors have and other e-mails on the file. Many various parts of the software is easy. included proactive, interactive task programs synchronize with the The functionality of the programs is or to do lists that make keeping up popular Microsoft Outlook pro- enhanced by allowing the tables to with deadlines and things that must gram and allow the attaching of be accessible from both Corel be done relatively easy. Delegating incoming e-mails to client files. WordPerfect and Microsoft Word. tasks and tracking the status of Other programs allow users to The merge functionality of these things that need to be taken care of treat incoming e-mails just like word processors are put to use as can also be easily handled in most other document types to be includ- the fields that are completed in the case managers. Various alarms and ed on client files.

76 Georgia Bar Journal case management software becomes time billing and accounting. Some The informational needs of available for templates to be used in programs for other sized firms solos, while similar to the larger creating both WordPerfect and allow for the viewing of billing data firms, revolve around general Word merge documents. on the client’s case management file. organization of data and access to With the ability to “open” the Typically case management links that data. In a typical solo or small database users were able to see the allow a bi-directional link of clients’ law office, the need to have every- need to move the data from the case names, addresses, and phone num- thing about a file in one place is management software programs to bers. This means users can open a common. You find firms are still time entry applications for billing case from either the case manage- “losing” the file in the office; and accounting. Time entry func- ment program or the time searching for telephone numbers; tionality is found in most small and billing/accounting application and and attempting to remember or mid-sized firm case management have the item appear in the other determine if there is a conflict with programs, but they do not handle database at the same time. As for the the new client and some former billing or accounting functions. So, time entries, these items pass only client (conflict of interest search- instead, the case data is entered as from the case management program ing). Without a system that can time entries that are sent or “post- to the time billing/accounting pro- organize the pertinent client infor- ed” to the time billing and account- gram. This means users can track mation, the solo and small law ing applications. Large firm pro- their time in the case manager and office staff will continue to search grams will combine all of the front then transfer that time into the back for a solution that can put every- office or case management features office time billing/accounting pro- thing about a client file in one into one database that also handles gram, but not the reverse. place. Small firms also have a need

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August 2005 77 to generate documents more quick- ties to retrieve and use client mat- software shopping you will not ly and reduce the number of steps ter information. have to reinvent the wheel. Pay it takes to create, store and retrieve There are many different case attention to your needs and documents. The document assem- managers on the market and it is match them with the solutions bly and document management not uncommon to find a system being provided by case man- features in case management soft- that would be better suited for a agement software. ware can take the users to the next large or mid-sized law firm in a After determining what program level as they learn to utilize these solo or small firm practitioner’s will work best for your firm, you more advanced features. office. So, how can firms determine should keep in mind the following Mid-sized law practices also what’s best for them when it comes general precepts for case manage- need to be able to locate docu- to case management software and ment software implementation: ments and track data on client what should they do to avoid 1. Write out a plan for the imple- files. However, their size often shopping mistakes? With case mentation. This process, even lends itself to several groups work- management software prices rang- when done informally, will help ing together on matters. The case ing from around $300 per user to the firm immensely in terms of management software will need to well over $1000, it is important for successfully implementing case offer office-enhanced conflict firms to shop wisely. management software. Write checking, document management When shopping for case man- down what systems you plan to and integrated calendaring fea- agement software, make sure to: implement (the level or func- tures. Flexibility in terms of cus- Q Look at the features provided in tions needed), the hardware tomizing the application is of great the programs and learn first- requirements, people involved concern to mid-sized firms as they hand how they work. Most with implementation and their are often required to work on mul- practice management software roles, customization needs tiple matters with multiple people vendors will provide down- based on how the software in the firm. By customizing the loadable demonstration copies works, and every thing that you database, the information for mul- of their programs. For large- can think of that will help in tiple case types can be handled in firm products, seek demonstra- getting the system up and run- one central area. tions or sample implementa- ning properly. Large firms tend to have tions from the vendors. 2. Get proper training no matter advanced needs in terms of com- Q Look at product reviews and how familiar you are with sim- munication and real-time data articles from legal-specific pub- ilar features from other more management. Typically having lications. Pay attention to the generic packages. This is para- firm offices all over the world, the pros and cons as discussed by mount! You must learn the fea- case managers in large law offices case management users who are tures of the tools you use. Don’t need to have very strong commu- similarly situated in any waste time and money trying to nication features or add-ins that reviews or articles like this one. teach yourself. Just think how enhance mainstream communica- Q Look at what you already have long it would have taken you to tion tools such as Microsoft in terms of hardware and soft- learn to be a lawyer without Outlook and online collaboration ware. Analyze your current going to law school. Engage a services. The case managers for technology and determine if the certified consultant or trainer for large firms should also be able to specifications of the case man- the software to assist you with handle multiple remote users. The agement programs you are teaching everybody in the firm. ASP model of case managers that looking for will fit into your 3. Get proper buy-in from the have not been successful in mid- current technology mix or will ground up. Make sure staff and sized and small law offices contin- you need to upgrade or change the leaders of the firm are all in ue to have a presence in the large your environment. agreement and are excited (or firm market. Firms use the Internet Q Look at what is being used by made excited) about the to access file information, and some colleagues in firms of similar improvement of the practice even have online case managers size and practice areas. Realize through careful and steady that allow clients and related par- that with case management

78 Georgia Bar Journal technology advances. Make Purchasing Case Management Systems sure everyone understands the economics of the decision. When faced with deciding on what to purchase for your practice, these Whether it’s the secretary that programs should top your list for consideration. They are currently the doesn’t understand that she best in class for case management systems. won’t have to go to every single office in the firm and manually Top Case Management Software Choices for Solo/Small Law Offices Q Amicus Attorney - www.amicusattorney.com update the contact information for the new judge, or the senior Q ABACUS Law - www.abacuslaw.com partner or firm owner that can Q PCLaw - www.pclaw.com capture more billable time Q Practice Master - www.practicemaster.com using the system, teach your Q Time Matters - www.timematters.com firm that this system will help For this class of firms, there are also some practice area specific case to save time and make more managers, like Needles, www.needleslaw.com, for personal injury firms. money while delivering legal Bankruptcy, immigration, and real estate firms can also find programs services more efficiently. that have case management like features and will sometimes need to 4. Be patient as the firm learns use two different programs for keeping up with transactions and/or the various parts of the sys- client case/matter files. Most will simply need to come up with proce- tems and work to apply the dural work-arounds to deal with having a case manager and software next level of features continu- that keeps similar information but does not link to the case manager. ously over time. Do not give up at just the basics, and do not get Top Case Management Software Choices for Mid-Sized Law Firms left too far behind in the soft- Case management systems available for medium-sized firms are also ware’s inherent upgrade cycle. plentiful. These systems are focused on extending basic case manage- 5. Don’t start from scratch if you ment functionality and customization to deal with multiple users with multiple needs. Some of the top options for mid-sized firms are: don’t have to. Use every electronic source of data that you Q Client Profiles, www.clientprofiles.com have to get you going. Have a Q PerfectPractice, www.perfectpractice.com

certified consultant review the Q ProLaw, www.prolaw.com

current status of your technolo- Q Omega, www.omegalegal.com gy and help with migrating as Q TrialWorks, www.lawex.com much data as possible into your new system. Even if you main- Top Case Management Software Choices for Large Law Firms tain a list of clients in a word One thing to note is that software for larger firms sometimes handles processor, data can be moved both front and back office needs, but can also carry with it a $1000 per from one application to another seat and up price tag. This pricing can also be complicated by varying so that you are not starting with licensing procedures and arrangements, and training options. With an empty database. large law firms, it is vitally important that programs are flexible and customizable and even portable to interfaces that can be built upon by With a number of applications to law firm IT personnel. Some top programs for large law firms are: choose from, no firm should be ailing from an unorganized office Q Aderant, www.aderant.com (Solution 6; formerly CMS Open) when it comes to client cases. Use Q Elite, www.elite.com this information to help choose and Q RealLegal, www.reallegal.com (RealLegal Practice Manager) implement a case management soft- Q CaseManager Pro, www.casemanagerpro.com ware program to help better man- Q Legal Files, www.legalfiles.com age your entire law practice. With a number of applications to choose from, no firm should be ailing from an unorganized office when it comes to client cases. Use this Natalie R. Thornwell is the director information to help choose and implement a case management soft- of the State Bar of Georgia’s Law ware program to help better manage your entire law practice. Practice Management Program.

August 2005 79 Sections Sponsor Opening Night, Enjoy

News Annual Meeting By Johanna B. Merrill

he 2005 Annual Meeting in

Savannah was a great success in

part due to the participation of Section T the State Bar sections. Twenty-seven sections

sponsored the Opening Night Gala, which

was held on June 9 on the lawn of the Westin

Savannah Harbor Resort & Spa. The fair-like

atmosphere was abuzz with carnival games, Jones Photo by C. Tyler President Rob Reinhardt presents Real jousting, and a jump castle for the kids. Property Law Section Chair Doug Selph with the Section of the Year Award during Members and their families drank and ate the Plenary Session on June 10. into the night as they danced to the tunes of their years of service to their practice area the Sensational Sounds of Motown. and the public and a lifetime of achievement. During the Plenary Session on June 10, The 2005 recipients were: Judge Walter C. President Rob Reinhardt presented the sec- McMillan Jr., judicial; Phyllis J. Holmen, gen- tion awards, which are given to outstanding eral practice; Ben L. Weinberg Jr., defense; sections for their dedication and service to and John E. James, plaintiff. GPTS also held a the profession. The Real Property Law reception later that evening to honor the win- Section, chaired by Douglas Selph, was ners along with their friends, families and awarded with Section of the Year. The fol- colleagues. The International Law Section lowing sections were presented with Awards also hosted a reception, with Ambassador of Achievement: Criminal Law—J. Michael Donald Johnson, director of the Dean Rusk Cranford, Chair; General Practice & Trial— Center at the University of Georgia School of Catherine Helms, chair; and Tort & Law as their guest speaker. Ambassador Insurance Practice—James F. Taylor III, Johnson addressed the commitment of chair. Georgia academics to international study and Three sections held working breakfast practice. The Criminal Law Section held a meetings on June 10: School & College Law, reception titled, “CSI: An Evening of Taxation Law and Tort & Insurance Intrigue” where attendees tried to solve set- Practice. Also that morning the General up crime scenes with the help of a crime Practice & Trial Section held their annual scene investigators who were on hand. Tradition of Excellence Awards Breakfast, On June 11 The Board of Governors where they honored four Bar members for approved the creation of the Consumer Law Section, the Bar’s 38th section. The purpose

80 Georgia Bar Journal John E. James, Dianne Burnside, Thomas Burnside Jr., Judge Jane Jackson, Theresa Cranford and Terry Jackson at Anthony A. Alaimo and Ben L. Weinberg at the General the Criminal Law Section’s “CSI: An Evening of Practice and Trial Section’s Tradition in Excellence Reception. Intrigue” reception at the Annual Meeting.

of the section is to foster profes- leadership and service to the real sionalism and excellence in con- estate bar. On May 12, 2005, Jed sumer law advocacy, both through Beardsley presented the Pindar individual and class actions, and to Award to Bill’s wife Ellen McFee promote improvements in laws and his daughter Molly following a governing consumer transactions moving tribute of photographs and and fair or deceptive business prac- memories narrated by Bill’s law tices, including but not limited to, partner, Scott Schulten. Accepting the Pindar award for those involving credit, insurance, The 27th annual Real Property Bill McAfee were his wife, Ellen utilities, sales and warranties, as Law Institute was organized by Bill and daughter, Molly. Also present well as the practices of businesses McFee in his role as chairperson- were Jed Beardsley (center), who in connection with those transac- elect of the Real Property Law presented the award, Linda Curry, tions in the state of Georgia. To join Section. He carefully established RPLS chair and Scott Shulten, Bill’s the Consumer Law Section, submit the seminar program, approved law partner. your name, Bar number, contact the topics and engaged the speak- information and the $25 dues to the ers. The Institute would have rep- Ellen and Molly McFee, who were Bar’s Membership Department at resented the beginning of Bill’s all rewarded with a commemora- 104 Marietta St., NW, Atlanta, GA term of leadership for our Section. tive T-shirt. Drew Marlar and Julie 30303. For more information, con- Linda Curry, chair-elect, stepped Joiner finished in first place in the tact Section Liaison Johanna up to assume Bill’s position. She men’s and women’s divisions. The Merrill at [email protected]. was elected chairperson of the Real Executive Committee plans to make this an annual event at the News from Property Law Section for the coming fiscal year. Real Property Law Institute to the Sections The Executive Committee also honor the memory of Bill, and the attributes that he brought to our The Real Property Law Institute decided to honor Bill McFee and his profession. at Amelia Island this month pro- passion for running with a recre- A graduate of Vanderbilt vided a forum to remember and ational event at the Institute. Co- University and the JD/MBA pay tribute to our friend and dis- sponsored by Land Program of Emory, Bill practiced tinguished colleague William America/Lawyer’s Title, the First real estate, tax and corporate law in Charles McFee Jr. The Section’s Annual Feat for McFee, a 5K fun Decatur with Wes Warren’s firm Executive Committee named Bill as run and 1-mile walk took place at 7 until three years ago when he the 11th recipient of the George A. a.m. on May 13. Sixteen volunteers joined Schulten, Ward & Turner. Pindar Award for outstanding hosted 54 participants, including

August 2005 81 Bill was active in the DeKalb sions that included topics of inter- annual meeting and presented the Volunteer Lawyers Foundation est to all real estate attorneys such Pindar Award posthumously to and Glenn Memorial United as the judicial and legislative William C. McFee Jr., the chair- Methodist Church. update, ethics and avoiding mal- elect of the section who planned REAL PROPERTY practice, and zoning, land use, title, the Institute before his untimely taxation and electronic document death. Early Friday morning a LAW INSTITUTE execution issues. In addition, a walk/run in honor of McFee Real estate lawyers numbering panel provided information and named the “Feat for McFee” was 515 from all over Georgia gathered suggestions on how real estate held to honor him and there were at Amelia Island May 12-14 for the attorneys can be involved in pro 70 people who participated, either annual Real Property Law Institute. bono opportunities. On Friday in the 5K run, the 1-mile walk or as The Institute, sponsored by the morning, concurrent sessions were volunteers. On Thursday evening, Institute for Continuing Legal held for commercial real estate and thanks to the Institute sponsors, Education in Georgia and the Real residential real estate attorneys that title companies and vendors, there Property Law Section, provided a targeted issues related to those was an evening social hour. There great setting for attorneys practic- practices. Both the speakers and was also the opportunity to partici- ing real estate to come together for their materials received high rat- pate in a golf tournament and a networking, sharing of informa- ings. One comment from an tennis tournament. tion, socializing and, most impor- attendee was, “A practical and use- Next year the Institute will be tantly, obtaining those required ful seminar, finally!” held at the SanDestin Resort in continuing legal education credits. In addition to the valuable edu- Florida, May 4 through 6. On Thursday and Saturday morn- cational opportunities the Real ings the attendees met in joint ses- Property Law Section held its Johanna B. Merrill is the section liaison for the State Bar of Georgia.

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82 Georgia Bar Journal When Time is of the Eessence, Make Every Minute Count... Access Casemaker at www.gabar.org for Your Online Research Needs

Georgia CASEMAKER Online Law Library Office Legal Profession Course Embodies the Concept of Pay It Forward By Jennifer N. Riley

he course description taken from

the Mercer University School of T Law’s Web site for “The Legal Profession” reads: The Legal Profession course is an explo-

Professionalism ration of lawyer professionalism. Students learn about what “professionalism” means for lawyers and why it matters. They see what pressures the practice of law places on professionalism in different settings. The students explore the many ways in which the legal profession seeks, imper- fectly, to create and perpetuate the conditions that promote professionalism. This course also examines the extraordinary challenges and opportunities that come with a life in the law, and the students study ways in which professionalism con- Photo by Jennifer N. Riley tributes to the satisfaction that lawyers Former Chief Justice Norman Fletcher pres- find in their calling. In addition to class ents Professor Patrick E. Longan with the 2nd readings, discussions, guest speakers, and Annual National Award of Innovation and an exam, the students write two papers Excellence in Teaching Professionalism for a second time at a meeting of the Chief Justice reflecting on their career goals. They also Committee on Professionalism. visit in small groups with experienced lawyers to discuss life in the legal profes- try. Longan created the course because he felt sion, and they read a biography of a it was imperative to introduce students to the famous lawyer or judge and discuss it in a importance of professionalism in the field of small group setting. law and to give them an idea of what they The two-year old course, required for all will face once all the classes are complete and first year law students and taught by the work of a practicing lawyers begins. Professor Patrick E. Longan, is the only His vision of teaching professionalism took required professionalism course in the coun- him from the classroom to the focus of the

84 Georgia Bar Journal public eye at the national confer- Can you tell me about beyond. We work early in the semes- ence of Professional Challenges in the course and its pur- ter to a definition of professionalism Large Practices at Fordham and on an exploration of why University Law School. On April pose? lawyers are expected to comply with 15, Longan was awarded the 2nd The purpose of the course is to these expectations. We come eventu- Annual National Award of introduce students to the role of the ally to a five-part definition that we Innovation and Excellence in legal profession in American socie- use, and to some extent tinker with, Teaching Professionalism. The ty and to the role of the lawyer throughout the rest of the semester. award, co-sponsored by the within the profession. The first Our second goal is to help stu- American Bar Association Standing goal, simply put, is classroom dents understand that life in the Committee on Professionalism and instruction in lawyer “profession- law is both more rewarding and, in the Conference of Chief Justices and alism.” We believe that it is crucial many ways, more challenging than supported by the W. Lee Burge for all students, at the outset of they might have expected. This Endowment of Law & Ethics and their legal education, to know what part of the course focuses on the Georgia State University, honored is expected of them and why. So individual experience of the lawyer Longan for his groundbreaking the Legal Profession course is a rather than the structural expecta- first year law school course “The required first year course, graded tions and programs of the bar. Legal Profession.” The award was with the same weight and the same In these classes, we look at ques- presented a second time at the scale as more traditional courses. tions such as why life in the law is April 29 meeting of the Chief All of our students emerge from a life worth choosing, quite apart Justice Committee on Profession- the course with this instruction in from any economic rewards of alism, after which Professor common, as a baseline for all the practice. We examine causes, con- Longan took time to answer a few learning they will do about profes- sequences and remedies for prob- questions. sionalism, both in law school and lems such as alcoholism and

August 2005 85 depression that are far too common law after the initial barrage of I was a young attorney who had among lawyers. The students also information that’s upsetting offers entered the legal profession with hear from distinguished guest a renewal on both sides, from pro- high expectations for the career I speakers about ways to deal with fessional to student and back. It had chosen, but those feelings did the pressures of practice and, really shows how one generation not last for long. I was soon con- beyond coping, ways to find deep leads on the next. fronted with practices and behaviors meaning, or a higher calling, in How do you get I found shocking. There was very lit- what they will do as lawyers. tle guidance at all—there had never As the students begin to under- lawyers and judges to been any discussions in law school stand the rewards of practice that participate in your or associate training that provided are not monetary, rewards that program? support for new lawyers who came flow from becoming a certain kind into the profession at a time when As a member of the Bootle Inn of of person in their profession, they skirting the edges of right and Court in Macon, I went to the sen- begin to see the connection wrong was the norm, and even ior membership and told them between the values of professional- encouraged (i.e. billable hours). about the course, then asked for ism and finding happiness and With all of my education, I had volunteers. No lawyer or judge has meaning in the practice of law. not been taught about professional- turned me down, ever. When this course was first being ism in the field of law. More to the discussed among the Mercer faculty, What is your point, I had not been schooled in the before I ever joined it, it was definition of legal appropriate ways to handle ques- described by my colleague Jack professionalism? tionable situations and felt woefully Sammons as being less about what to unprepared. When I left private do and more about who to become. There are five components: com- practice for academia, I decided that The third goal is for the students petence/craftsmanship; fiduciary my mission was to help prepare law to understand that they are not responsibility/transcendence—the students for what they would face alone in facing the challenges of client and his/her needs over your upon entering the field of law. living up to the values of profes- personal views; public service; I would focus on bringing the sionalism in the face of many diffi- duties as an officer of the importance of professionalism in the cult challenges. The students are court—lawyers have boundaries law to their attention while supply- required to conduct a brief “oral that say you don’t help your clients ing the students with the mentors history” of a local senior member break the law; and civility. and resources that would give them of our Inn of Court. They also read I want the students to leave their an open, honest view of the legal a biography of a famous lawyer or first year understanding what’s profession. My goal is that through judge and participate in a discus- expected of them—and to do so I this class, my students will never be sion group about it. My hope here try to give students a vocabulary in the position I was in, torn is to alert them to the abundance of for talking about professionalism, between choices that could make or stories about great lawyers and using words such as fiduciary and break me as far as right or wrong. maybe even get them started on a civility. I believe this provides them I want students to know about life-long habit of reading them. with a common thread that follows great lawyers—meet with them, That history and tradition, as them through every class so that spend time with them, see that in a well as the memory of the living they are all on the same page about profession where the lines of honor example of professionalism they the meaning of professionalism. and tradition have blurred with interviewed, may stay with them Why is this subject fast-talking and unprofessional as they leave the protected envi- actions, there are men and women, ronment of law school and face the important to you and lawyers and judges who have come challenges that inevitably await what inspired you to through the fire and emerged with a them. They need to know the tra- create the course? greater understanding and respect ditions of their profession, and feel for the law they uphold and defend. Personal experience led to the cre- a connection to it. The opportunity I want to set up role models ation of the course. In the late 1980s, to meet actual practitioners of the and mentors for these students

86 Georgia Bar Journal that will exemplify the great tra- The theory here is that it is better “pay it forward” concept in the lives dition of doing it right and taking to know ahead of time what kinds of the characters. pride in that. I acknowledge that of pitfalls are out there and to learn The premise of the movie is that being a lawyer is difficult. There about them in a protected environ- by doing something for someone, is the stress and strain of balanc- ment where students can be taught they in turn will do something for ing work and a personal life, com- how to deal with it instead of just someone else, and so on and so on bined with the pressures being being thrown out there and expect- until the original person has affect- placed on you from all sides. But ed to survive unscathed. There are ed hundreds of people in a positive they will have something to hold too many options and choices to way. In this way, Professor Patrick onto, a clear understanding of make that can lead to undesirable Longan is much like the character what it means to be a lawyer, the results. of Trevor McKinney. He wants to history behind the profession, the My hope is that when the stu- prepare his students for the profes- honor it brings, and that others dents who have taken this class sion of law by teaching them about who have gone before have faced enter the workforce and an unpro- professionalism, which will enable the same dilemmas and have had fessional opportunity is presented them to determine how to practice to make similar choices and have to them as “the way things are law in such a way as to positively made it through and been suc- done,” I want those students to impact those whom they are hired cessful at it. have the backbone, knowledge, to represent. He is teaching them How would you and confidence to say, “No, it’s not, what he learned in hopes that they and I’m not going to do it.” will use that information to guide describe the legal If you could share only future lawyers. The truth of pay it profession today? forward is that there is more to one piece of informa- work for than gain for oneself and It is a great and noble profession, tion presented in your Professor Longan’s Legal but full of strains and stresses that Profession course is a testament to have led to unprofessional behavior course that you feel is that truth. by lawyers. Education counters the imperative for current effects of those behaviors. and future attorneys “If someone did you a What do you hope to know about the favor—something big, something legal profession, what you couldn’t do on your your students take own—and instead of paying it from the class? would that be and back, you paid it forward to three why? Students come into first year law people. And the next day, they with a multitude of misconceptions Professionalism matters—to the each paid it forward to three about law and its practice: individual, to the profession, to more. And the day after that, those 27 people each paid it for- Q Most have no idea of the pres- society. Without it, lawyers can’t sures that are exerted upon find true meaning, the profession ward to another three. And each them that fall into unprofession- can’t fulfill its responsibility and day, everyone in turn paid it for- al behavior, and society would be different. ward to three more people. In two weeks, that comes to 4,782,962 Q They are naive about the practice Conclusion of law and its responsibilities. people.” –Trevor McKinney In this class, we want to shatter In the film “Pay It Forward” (Played by Haley Joel Osment, those misconceptions and open moviegoers were introduced to the Pay It Forward, Warner their eyes to those responsibilities. idea through the concept and subse- Brothers, 2000.) In doing so, we don’t sugar coat the quent actions of a young student. By Jennifer N. Riley is the adminis- downside of the legal profession paying it forward, the characters are trative assistant in the Bar’s com- and the students don’t like what encouraged to not just repay a good munications department and a they learn. You might say there is deed, but to do a good deed for contributing writer to the Georgia some shock factor involved in the someone else. The movie chronicles Bar Journal. instruction. the application and results of the

August 2005 87 he Lawyers Foundation of Georgia Inc. sponsors activities to promote charitable, scientific and educational purposes for the public, law students and lawyers. Memorial contributions may be sent to T the Lawyers Foundation of Georgia Inc., 104 Marietta St. NW, Suite 630, Atlanta, GA 30303, stating in whose memory they are made. The Foundation will notify the family of the deceased of the gift and the name of the donor. Contributions are tax deductible.

Robert Edge Andrews Sr. James Elmer (Jim) Hardin Walter Smith Gainesville, Ga. Griffin, Ga. Macon, Ga. Admitted 1949 Admitted 1991 Admitted 1949 Died April 2005 Died May 2005 Died February 2005

William L. Auld Richard G. Holloway John W. (Bill) Trunnell Jr. Fernandina Beach, Fla. Atlanta, Ga. Warner Robbins, Ga. Admitted 1958 Admitted 1964 Admitted 1978 Died January 2005 Died April 2005 Died March 2005 Memoriam

Alfred O. Braggs III Ellis Hooper Alfred Weeks Tallahassee, Fla. Atlanta, Ga. Hartwell, Ga.

In Admitted 1973 Admitted 1963 Admitted 1955 Died April 2005 Died June 2005 Died January 2005

Raymond R. Burgess George Horkan Jr. Benjamin Williams Fairburn, Ga. Moultrie, Ga. Atlanta, Ga. Admitted 1951 Admitted 1952 Admitted 1977 Died April 2005 Died February 2005 Died May 2005

William C. Carter Judge Lenwood A. Jackson W. Emory Walters Columbus, Ga. Atlanta, Ga. Ocilla, Ga. Admitted 1951 Admitted 1970 Admitted 1960 Died March 2005 Died May 2005 Died May 2005

J. Sydney Cook Jr. Herbert T. Jenkins Jr. John E. Van Diver Union Springs, Ala. Snellville, Ga. Oldsmar, Fla. Admitted 1972 Admitted 1956 Admitted 1984 Died March 2005 Died April 2005 Died March 2005

Hon. J. Harvey Davis Harry Eugene Luhrs Tillie Kidd Fowler, 62, of Tifton, Ga. Macon, Ga. Jacksonville, Fla., died in Admitted 1969 Admitted 1991 March. Fowler was born in Died May 2005 Died January 2005 Milledgeville, Ga., in 1942. She was the daughter of A. Rowland Dye Joseph Edwin Magaro Georgia State Sen. Culver Augusta, Ga. Atlanta, Ga. Kidd, a longtime state legis- Admitted 1961 Admitted 1976 lator whom she once called Died April 2005 Died May 2005 “a progressive good old boy, if there is such a Tillie Kidd Fowler Tom C. Penland thing.” He pushed his Jacksonville, Fla. Thomaston, Ga. daughter to pursue a pro- Admitted 1967 Admitted 1947 fession, she once told a Died March 2005 Died April 2005 Jacksonville reporter, because he had seen wid- R. David Giles Jr. Thomas J. Phillips Jr. owed women during the Atlanta, Ga. Milledgeville, Ga. Depression unable to earn a Admitted 1951 Admitted 1969 living. It was decided she Died March 2005 Died April 2005 should go to law school. After graduating from Russell Sinclair Grove Jr. Larry E. Puckett Emory University and its Marietta, Ga. Roswell, Ga. law school in the mid-1960s, Admitted 1964 Admitted 1982 Rep. Fowler spent three Died April 2005 Died April 2005 years as a legislative assis-

88 Georgia Bar Journal tant to Rep. Robert G. Stephens Jr. partner at the law firm of Holland Circuit. Away from work, Hardin (D-Fla.) because no Atlanta firm & Knight and did lobbying work attended the concert series at would hire a female litigator. She on behalf of the city of Jacksonville Fayette County’s amphitheaters, served in the White House as gen- during military base realignment relaxed on cruises, and never eral counsel in the Office of and closures. Fowler, a champion missed a Friday date night when Consumer Affairs from 1970 to of increased defense budgets dur- several couples go out to supper 1971. Afterward, Fowler moved to ing her years in Congress, had and socialize. Hardin is survived Jacksonville with her new family served since her retirement on the by his wife, Ann Horton Hardin of and grew active in volunteer activ- Defense Policy Board Advisory Brooks, Ga; brother and sister-in- ities and the Junior League. Those Committee, which aids the defense law Bob and Dianne Hardin; moth- connections created an enormous secretary on strategy and policy er-in-law, Hazel Horton, sister base of supporters and money dur- matters. She was appointed its Diane Jaynes and sister-in-law and ing her campaigns. She was a chairwoman in summer 2003, suc- brother-in-law Brenda and David member of the Jacksonville city ceeding Richard Perle, who Gregory, all of Fayetteville; nieces, council from 1985 to 1992. In 1989, stepped down amid allegations of nephews, and cousins. as council president, she ordered conflicts of interest with his busi- the arrest of three black council ness ventures. Throughout her members who walked out of a career, Rep. Fowler was sometimes council hearing when they were called the “Steel Magnolia” and denied better funding for sewage described as a hybrid of a and drainage projects affecting “Southern belle and a Marine drill their constituents. With several sergeant.” Survivors include her other council members absent, husband, Buck Fowler of Fowler called in the police because Jacksonville; and two daughters, she needed a quorum to continue Tillie Fowler of Washington and Memorial Gifts work on passing the budget. In the Elizabeth Fowler of San Francisco. The Lawyers Foundation of aftermath, she spent significant Georgia furnishes the Georgia time repairing the public relations James Elmer (Jim) Hardin, 57, of Bar Journal with memorials to damage and denying her actions Griffin, died in May. Hardin, who honor deceased members of the were racially motivated. She grew up in East Point, taught soci- State Bar of Georgia. sought national office when Rep. ology at Cleveland State College in A meaningful way to honor a loved Charles E. Bennett (D) announced Tennessee and at Woodward one or to commemorate a special his retirement in 1992. Fowler rep- Academy in College Park, where occasion is through a tribute and resented Jacksonville in the U.S. he also coached football and memorial gift to the Lawyers House of Representatives from taught dyslexic children. He had a Foundation of Georgia. An 1993 to 2001 and became one of the lifelong interest in law enforce- expression of sympathy or a top-ranking women in her party. ment and through methodical celebration of a family event that During her House career, she analysis selected the Secret Service. takes the form of a gift to the became the vice chairwoman of the Working out of the Secret Service’s Lawyers Foundation of Georgia House Republican Conference, the Atlanta field office, Hardin at vari- provides a lasting remembrance. fifth-ranking GOP leader, and ous times provided protection for Once a gift is received, a written served for six years as a deputy Presidents Jimmy Carter, Gerald acknowledgement is sent to the majority whip. Fowler was called Ford and Ronald Reagan and for contributor, the surviving spouse or on in recent years to serve on pan- King Hussein of Jordan. He was other family member, and the els investigating allegations of sex- fond of Reagan and even landed Georgia Bar Journal. ual misconduct at the U.S. Air on the cover of Time magazine Force Academy as well as prisoner while protecting him. He gave up Information abuse in Iraq. In the House, Fowler teaching sociology to become a For information regarding the place- served on the Transportation and Secret Service agent protecting ment of a memorial, please contact Infrastructure Committee and the presidents and kings. In turn, he the Lawyers Foundation of Georgia. Armed Services Committee, the gave up the Secret Service to second a natural choice consider- become a lawyer. By 1985, Hardin 104 Marietta St. NW ing that the area around her district had married and left the Secret Suite 630 supports several naval installa- Service to attend law school. He Atlanta, GA 30303 tions. In the late 1990s, she tried to became an assistant district attor- P: (404) 659-6867 limit American involvement in the ney in Fayette County in 1995. He F: (404) 225-5041 warring Balkan region. In recent was currently Assistant District years, she was a Washington-based Attorney for the Griffin Judicial

August 2005 89 JUDGING THOMAS The Life and Times of Clarence Thomas By Ken Foskett, HarperCollins Publishers Inc. (2005), 339 pages Reviewed by Lisa Cooper

cles—even those created by racism—was ourteen years ago at his summer through hard work. He constantly lectured Review home in Kennebunkport, Maine, young Clarence about hard work and self- George H.W. Bush announced reliance, concepts often espoused by Justice F Thomas today. Clarence Thomas as his nominee to succeed Clarence and his brother enrolled in a Thurgood Marshall on the United States Catholic Elementary School in Savannah and though the school was segregated, it provid-

Book Supreme Court. Conservative groups, recent- ed the best education for black children in the ly angered by the failed nomination of Robert south. The nuns were mostly from Europe Bork, were elated, while most others were and had not been acclimated to the inequities apprehensive about whether a relatively of the racist South. Like Anderson, the nuns unknown, conservative African American were also strict disciplinarians who instilled in Thomas the belief that being different was attorney with less than two years of judicial acceptable—a lesson that enriched him experience was the best person to replace the throughout his life. beloved Marshall. At the age of 16, Thomas entered Savannah’s new, all-white Saint John Virtually no one could have predicted the Seminary, an elite boarding school for aspir- firestorm that subsequently ensued over the ing priests. While there, he excelled at sports 106th Supreme Court justice, who has contin- and worked hard at his studies, dispelling ued to be a subject of considerable controver- any doubts about his intellectual abilities. He sy and interest. also began to explore African American writ- In “Judging Thomas,” Ken Foskett does a ers Ralph Ellison and Richard Wright. skillful job of chronicling Clarence Thomas’s Following his graduation, he decided to con- life from his boyhood in Pin Point, Georgia tinue his study of the priesthood at up to the present day. The result is an inform- Conception Seminary College near Kansas ative, moderately balanced look at a man City, Missouri. On this first real journey out- who rose from relative obscurity to the high- side of Georgia, Thomas was rudely awak- est court in the country. Foskett, an inves- ened to the fact that racism and bigotry were tigative reporter with the “Atlanta Journal not unique to the segregated South. This rev- Constitution,” researched his subject by elation became too much for Thomas in April interviewing more than 300 friends, col- 1968, when he overheard a fellow student leagues and other people who know Thomas; reveling over the assassination of Dr. Martin reading through thousands of pages of the Luther King Jr. The next month Thomas left jurist’s speeches, legal writings and other Conception and the Catholic Church and published material; and actually talking to returned to Georgia. Thomas. Thomas, however, refused to grant The death of Dr. King impacted Thomas in Foskett access to his private papers. another significant way in that many univer- Thomas, born in 1948, was seven years old sities sought to increase the number of minor- when he and his younger brother went to live ity students and began aggressively recruit- with his grandfather, Myers Anderson, in ing black students. Thomas’s departure from Liberty County, Georgia. Anderson was a Conception was followed shortly thereafter strict disciplinarian who required his grand- by his admission to Holy Cross University sons to work hard from “sun to sun;” he with a full scholarship. believed that the way to overcome obsta-

90 Georgia Bar Journal At Holy Cross, Thomas was a When Danforth left the Attorney nominated him to the Supreme central figure in organizing the col- General’s Office to run for the sen- Court. Foskett covers the tumul- lege’s first Black Student Union, a ate, Thomas took a job at Monsanto tuous confirmation process in a group instrumental in lobbying for Corporation, where he remained for scant two chapters, perhaps realiz- black professors and administrators, two and a half years before moving ing that this subject has already as well as for courses in black stud- to Washington to work for Senator been covered in considerable ies. Thomas’s daily wardrobe con- Danforth as a legislative aide. detail. While mostly maintaining sisted of army fatigues, black com- Thomas arrived in Washington as a his neutrality on the subject of Hill bat boots, a green canvas army jack- young, black conservative during v. Thomas, Foskett’s description of et and a black beret covered with the Reagan administration, which these events subtly reveal his bias black power buttons. He marched in was desperate to increase its minor- in favor of Thomas. support of the Black Panther party, ity presence. Thomas reluctantly “Judging Thomas” provides an and at one point, suggested that interesting look at Clarence black students address a perceived Thomas’s fascinating life. racial injustice by tearing up their Nevertheless, the book does not student cards and leaving the satisfactorily explain the motiva- school. Despite this radical behavior, tions of the man who voted to however, he also demonstrated a reverse Roe v. Wade, abolish affir- “color blind” philosophy. For exam- mative action and authorize the ple, Thomas was the lone vote in death penalty for juveniles. In fact, opposition to the Black Student in many ways the book raises more Union’s decision to establish a dor- questions than it answers: What mitory floor reserved for black stu- effect did his strict upbringing dents, and he also proposed that at have on his narrow reading of the least one black student sit with the constitution? Does Thomas harbor white students at every meal. resentment towards blacks because In 1971, Thomas began his studies of the lack of support he received at Yale Law School, where he traded during his confirmation process? in his army fatigues for bib overalls How can someone who benefitted and a wool knit cap. Thomas seized so often from affirmative action be the opportunity to be unique in so outspoken against it? Was Yale’s liberal environment by pur- agreed to an appointment as the Thomas completely forthright dur- posely taking more conservative head of the Office of Civil Rights at ing his confirmation hearing when positions and often playing the the Department of Education, and he said he had never discussed Roe devil’s advocate. From this perspec- at the age of 34 was sworn in as the v. Wade? Considering that “Judging tive Thomas advocated a narrow Chairman of the Equal Employment Thomas” is a biography, albeit only reading of the Commerce Clause Opportunity Commission. partially authorized, we can only and espoused some “originalist” Thomas soon discovered the hope that the authorized biography law opinions that he holds today. direct correlation between his con- of the Justice will answer some of After Thomas completed his servative outspokenness and his the questions that Foskett has left studies at Yale, he was hired by the rising value in the administration. unanswered. Missouri Attorney General’s office He won powerful allies among working for John Danforth, who conservatives but also created Lisa Cooper is the Assistant had recruited at Yale specifically forceful enemies from many United States Attorney in the looking for an African American groups. He angered civil rights Northern District of Georgia, on lawyer. Thomas had made it groups because he did not embrace detail with the Executive Office for United States Attorneys, General known that he did not want any- affirmative action, and provoked Counsel’s Office in Washington, thing to do with Civil Rights Law; women’s groups for not endorsing D.C. The opinions expressed in this Danforth would later say that the concept of comparable worth. review are the author’s own and Thomas was the most conservative In 1990, President Bush appoint- in no way those of the Northern person on his staff, a group which ed Thomas to the D.C. Circuit District of Georgia or the United included John Ashcroft. Court of Appeals, and a year later States Department of Justice.

August 2005 91 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.

August 2005 NATIONAL BUSINESS INSTITUTE Preventing Employee Law Suits Through 5-6 Compliance with Georgia Atlanta, Ga. ICLE Calendar 6 CLE including 0.5 Ethics Environmental Law Institute Hilton Head, S.C. LORMAN BUSINESS CENTER, INC. 8 CLE Financial Statements Analysis 5 Atlanta, Ga. 6.7 CLE NATIONAL BUSINESS INSTITUTE CLE How to Protect Assets During Life 23 and Avoid Estate Tax at Death LORMAN BUSINESS CENTER, INC. Atlanta, Ga. Employee Discharge & Documentation 6 CLE including 0.5 Ethics Atlanta, Ga. 9 6.7 CLE

NATIONAL BUSINESS INSTITUTE 24 Successfully Negotiating & Drafting Acquisitions LORMAN BUSINESS CENTER, INC. Agreements in Georgia Construction Defect Claims Atlanta, Ga. Atlanta, Ga. 6 CLE including 0.5 Ethics 6 CLE 9 26 LORMAN BUSINESS CENTER, INC. ICLE Medicare Set-Aside Trust Contract Litigation Atlanta, Ga. Atlanta, Ga. 6 CLE including 1.3 Ethics 6 CLE 10-11 ICLE ICLE Nuts & Bolts of Family Law Video Replay: Real Property Law Institute Savannah, Ga. See www.iclega.org for locations 6 CLE 12 CLE ICLE 10 Video Replay: Successful Trial Practice LORMAN BUSINESS CENTER, INC. See www.iclega.org for locations Fair Labor Standards Act 6 CLE Atlanta, Ga. 26-28 6.7 CLE ICLE 11 YLD Summer Seminar UNIVERSITY OF GEORGIA LAW SCHOOL Charleston, S.C. Cost-Effective Approaches for Evaluating 2 CLE Environmental Performance 30 Athens, Ga. 11 CLE NATIONAL BUSINESS INSTITUTE Medical Evidence in Georgia Court 15 Atlanta, Ga. PROFESSIONAL EDUCATION SYSTEMS, INC. 6 CLE including 0.5 Ethics and 6 Trial Georgia Deeds, Descriptions & the Law Atlanta, Ga. 6.8 CLE

92 Georgia Bar Journal LORMAN BUSINESS CENTER, INC. LORMAN BUSINESS CENTER, INC. CLE Litigation of Estate, Trusts & Guardianships Partnerships, LLC’s & LLP’s Atlanta, Ga. Atlanta, Ga. 6.7 CLE including 1 Ethics and 5.7 Trial 6.7 CLE

LORMAN BUSINESS CENTER, INC. LORMAN BUSINESS CENTER, INC. Real Estate Litigation The Blind Spots in the World of Partnerships Calendar Albany, Ga. Atlanta, Ga. 6.7 CLE including 1 Ethics 6 CLE including 6 Trial 13 LORMAN BUSINESS CENTER, INC. Health Reimbursement Accounts, LORMAN BUSINESS CENTER, INC. Health Savings Accounts Landlord & Tenant Law Atlanta, Ga. Atlanta, Ga. 6.7 CLE 6.7 CLE including 1 Ethics 31 15

ICLE ICLE Selected Video Replays Family Immigration Law See www.iclega.org for locations Atlanta, Ga. 6 CLE 6.5 CLE

LORMAN BUSINESS CENTER, INC. ICLE Public Contracts Code & Competitive Public Bidding School and College Law Athens, Ga. Atlanta, Ga. 6 CLE 6 CLE including 0.5 Ethics LORMAN EDUCATION CENTER, INC. Bankruptcy: A Creditors Perspective September Macon, Ga. 6.7 CLE 2005 16 ICLE 2-4 Hot Topics in Guardianships Atlanta, Ga. ICLE 6 CLE Urgent Legal Matters Sea Island, Ga. NATIONAL BUSINESS INSTITUTE 12 CLE Analysis & Application of Advanced Principles in GA Atlanta, Ga. 8 6 CLE including 0.5 Ethics NATIONAL BUSINESS INSTITUTE LORMAN BUSINESS CENTER, INC. Georgia Probate Litigation Police Liability Atlanta, Ga. Atlanta, Ga. 3 CLE 6 CLE 8-10 LORMAN BUSINESS CENTER, INC. ICLE Internal Controls Solo and Small Firm Institute Macon, Ga. Atlanta, Ga. 6.7 CLE including 1 Ethics 12 CLE 17

9 LORMAN BUSINESS CENTER, INC. ICLE Purchasing & Selling the Small Business Women in the Profession Atlanta, Ga. 6.7 CLE Atlanta, Ga. 6 CLE 19

LORMAN BUSINESS CENTER, INC. ICLE Reducing Real & Personal Property Tax Bridge the Gap Atlanta, Ga. Atlanta, Ga. 6.7 CLE 6 CLE

August 2005 93 NATIONAL BUSINESS INSTITUTE LORMAN BUSINESS CENTER, INC. A Practical Guide to Commercial Eviction in GA Administration & Enforcement of the Wetlands Atlanta, Ga. Atlanta, Ga. 6 CLE including 0.5 Ethics 6.6 CLE 20 29

ICLE ICLE Technology Law Institute Construction Law for the General Practitioner Atlanta, Ga. Atlanta, Ga. 6 CLE 6 CLE

LORMAN BUSINESS CENTER, INC. 30

Calendar Using IRA/401(k) to Invest in Real Estate ICLE Atlanta, Ga. Advanced Health Care Law 6.7 CLE Atlanta, Ga. 6 CLE 22 ICLE White Collar Crime CLE Atlanta, Ga. October 2005 6 CLE 5 22-24 LORMAN BUSINESS CENTER, INC. ICLE Problem Solving for Condominiums Insurance Law Institute and the Homeowner St. Simons, Ga. Atlanta, Ga. 12 CLE 6 CLE 23 LORMAN BUSINESS CENTER, INC. ICLE Solving Moisture & Mold Problems Punitive Damages Atlanta, Ga. Atlanta, Ga. 6 CLE 6 CLE 6-8 LORMAN BUSINESS CENTER, INC. ICLE Construction Issues Workers’ Compensation Institute Atlanta, Ga. St. Simons, Ga. 6.7 CLE 13 CLE LORMAN BUSINESS CENTER, INC. 6 Acquisition Due Diligence Atlanta, Ga. ICLE 6.7 CLE Title Standards Atlanta, Ga. ICLE 6 CLE Trial Tactics Atlanta, Ga. ICLE 4 CLE U. S. Supreme Court Update Atlanta, Ga. 24 6 CLE ICLE 7 City and County Attorneys Institute Savannah, Ga. ICLE 6 CLE Class Actions Atlanta, Ga. 28 6 CLE ICLE ICLE Doing Business in China Employers’ Duties and Problems Atlanta, Ga. Atlanta, Ga. 6 CLE 6 CLE

94 Georgia Bar Journal CLE NATIONAL BUSINESS INSTITUTE 20-21 Revised UCC Article 9 Secured Transaction Atlanta, Ga. ICLE 6 CLE including 0.5 Ethics Business Law Institute/Securities Litigation Atlanta, Ga. LORMAN BUSINESS CENTER, INC. 12 CLE

Complaint Documents Retention & Destruction 21 Calendar Atlanta, Ga. 6 CLE including 0.5 Ethics ICLE ADR Institute 12 Atlanta, Ga. LORMAN BUSINESS CENTER, INC. 6 CLE Commercial Lending Requirements ICLE & Loan Documents Building on the Foundation Atlanta, Ga. Atlanta, Ga. 6 CLE 6 CLE

ICLE ICLE Family Law Institute Zoning Augusta, Ga. Atlanta, Ga. 6 CLE 6 CLE 14 AMERICAN ARBITRATION ASSOCIATION ICLE Chairing an Arbitration Panel Advanced Slip and Fall Atlanta, Ga. Atlanta, Ga. 2 CLE 6 CLE 27

ICLE ICLE Nuts & Bolts of Family Law Mauet on Evidence Atlanta, Ga. Atlanta, Ga. 6 CLE 6 CLE

ICLE 28 Professional and Ethical Dilemmas ICLE Atlanta, Ga. Premises Liability 3 CLE Atlanta, Ga. 6 CLE ICLE Internal Corporate Audit ICLE Atlanta, Ga. Spinal Cord Injury Cases 6 CLE Atlanta, Ga. 6 CLE ICLE Video Replay: PowerPoint in the Courtroom ICLE See www.iclega.org for locations Ga. Personal Injury Practice 3 CLE Atlanta, Ga. 6 CLE 20

NATIONAL BUSINESS INSTITUTE Earn up to 6 CLE credits for Georgia Elder Care Planning authoring legal articles and Atlanta, Ga. having them published. 6 CLE including 0.5 Ethics Submit articles to: ICLE Marcus D. Liner Criminal Law Georgia Bar Journal Atlanta, Ga. 104 Marietta St. NW, Suite 100 6 CLE Atlanta, GA 30303

ICLE Contact [email protected] for Tort Reform from Both Sides more information or visit the Bar’s Web site, www.gabar.org/gbjsub.asp. Atlanta, Ga. 6 CLE

August 2005 95 UPL Advisory Opinion No. 2005-1 Notices Issued by the Standing Committee on the 2-622(b), 14-2-830(d), and 14-2-842(d). The Unlicensed Practice of Law on June 10, 2005. corporation owes its existence entirely to the operation of the law, as “[a] corporation, con- Note: This opinion is only an interpreta- sidered in itself…. is, in fact, a myth, a fiction, tion of the law, and does not constitute final and has no existence but in the imagination of action by the Supreme Court of Georgia. the law.” Loudon v. Coleman, 59 Ga. 653, 655 Unless the Court grants review under Bar (1877). Since a corporation’s existence is utter- Rule 14-9.1(g), this opinion shall be binding ly tied to and dependent upon the law, the only on the Standing Committee on the documents that bring it into being and define Unlicensed Practice of Law, the State Bar of its parameters are documents that serve to Georgia, and the petitioner, and not on the secure legal rights. Supreme Court of Georgia, which shall treat the opinion as persuasive authority only. The practice of law in Georgia is defined, in part, as “[t]he preparation of legal instruments of all kinds whereby a legal right is QUESTION PRESENTED secured” and “[a]ny action taken for others in any matter connected with the law.” Does a nonlawyer engage in the unli- O.C.G.A. §§15-19-50(3) and 15-19-50(6). See censed practice of law when he prepares, for also Huber v. State, 234 Ga. 357, 358 (1975). another and for remuneration, articles of The documents referenced in the question incorporation, bylaws or other documents above are designed to bring a corporation relating to the establishment of a corpora- into existence. Once they are filed with the tion? Georgia Secretary of State, they confer rights and impose obligations under applicable SUMMARY ANSWER state and federal law. In view of the forego- ing, the preparation of the documents Yes. The existence of a corporation involves the practice of law. The Committee depends entirely upon the law, and the doc- notes that its determination in this regard is uments that bring it into being secure legal consistent with the superior court orders rights. Consequently, the preparation of entered into the record of the hearing con- those documents involves the practice of law. ducted in this matter. A nonlawyer who prepares such documents for another in exchange for a fee engages in The preceding analysis does not exhaust the unlicensed practice of law. the issue. Individuals have the general right to pro se representation. Ga. Const. (1983), OPINION Art. 1, Sec. 1, Para. 12. This right to handle one’s personal legal affairs extends beyond A corporation is a legal person, having “the the narrow confines of court proceedings. See, same powers as an individual to do all things e.g., In re UPL Advisory Opinion 2003-2, 277 necessary or convenient to carry out its busi- Ga. 472, 473 n.2 (2003). Under Georgia law, ness and affairs….” O.C.G.A. §14-2-302. those who act on their own behalf are free to When properly formed and maintained, its prepare those documents they deem neces- existence is legally independent from those sary to effectuate a pro se incorporation. who created and own it. This independent status relative to the law is the raison d’être of O.C.G.A. §15-19-52 states, in part, that no the corporation, as the entity can insulate its person shall “be prohibited from drawing shareholders, directors and officers from cer- any legal instrument for another person, tain forms of liability. See, e.g., O.C.G.A. §§14- firm, or corporation, provided it is done

96 Georgia Bar Journal without fee and solely at the solicitation and the request nonlawyers to deliver commercial legal services to and under the direction of the person, firm, or corpora- Georgia residents. They have also failed to explain why tion desiring to execute the instrument.” Accordingly, a such activity is not prohibited by O.C.G.A. §§15-19- nonlawyer who assists another within the scope of 51(a)(3), 15-19-51(a)(4) or 15-19-51(a)(8). In contradis- O.C.G.A. §15-19-52 does not engage in the unlicensed tinction to this fact, the Supreme Court of Georgia has, practice of law. Moreover, an employee of an attorney when discussing the delivery of legal services in anoth- acting within the ambit of O.C.G.A. §15-19-54 does not er context, explicitly distinguished between delivering engage in the unlicensed practice of law. those services as part of “a professional service,” as opposed to their delivery though “a purely commercial During the hearing, the Committee heard testimony enterprise.” In re UPL Advisory Opinion 2003-2, 277 indicating that there are nonlawyers who, for third par- Ga. at 473-474 (2003). The Court has indicated that legal ties and in exchange for a fee, prepare documents relat- services are to be provided by duly licensed and regu- ing to the establishment of Georgia corporations. The lated Georgia attorneys. Committee finds that this activity does constitute the unlicensed practice of law. As noted above, O.C.G.A. “The Secretary of State has the power reasonably nec- §15-19-52 allows a nonlawyer to assist another with essary to perform the duties required of him” regarding regard to the drawing of legal instruments. The per- the administration of the laws relating to corporations. missible degree of assistance, however, is not unlimit- O.C.G.A. §14-2-130. This opinion does not, of course, in ed, and is partially predicated upon the assistance any way impinge upon the Secretary of State’s preroga- being rendered on a noncommercial basis. The propo- tive to disseminate information under O.C.G.A. §14-2- nents of such activity have failed to direct the 121, or otherwise act in a way consistent with his legal Committee to any provision of Georgia law authorizing duties as set out by statute, rule or applicable law. U.S. Court of Appeals for the Eleventh Circuit

NOTICE OF AND OPPORTUNITY FOR COMMENT A copy of the proposed amendments may be ON AMENDMENTS TO THE RULES AND INTER- obtained on and after August 1, 2005, from the court’s NAL OPERATING PROCEDURES OF THE U.S. Web site at www.ca11.uscourts.gov. A copy may also COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. be obtained without charge from the Office of the Clerk, U.S. Court of Appeals for the Eleventh Circuit, 56 Pursuant to 28 U.S.C. ' 2071(b), notice and opportunity Forsyth St., N.W., Atlanta, Georgia 30303 [phone: 404- for comment is hereby given of proposed amendments 335-6100]. Comments on the proposed amendments to the Rules and Internal Operating Procedures of the may be submitted in writing to the Clerk at the above U.S. Court of Appeals for the Eleventh Circuit. street address by August 31, 2005. Update Your Information with the Membership Department The Communications Department is beginning the process of updating the 2005-06 Directory and Handbook. To ensure your list- ing is accurate and up to date, please check your information using the Bar’s Online Membership Directory www.gabar.org/directo- ries/member_directory_search/. If your information needs to be updated, go to www.gabar.org/member_essentials/, or call the Bar’s Membership Department at (404) 527-8777.

August 2005 97 SEVENTH ANNUAL JUSTICE ROBERT BENHAM AWARDS FOR COMMUNITY SERVICE “The outstanding contributions of lawyers to their local communities often go unrecognized by their peers and the public. This award is designed to recognize those lawyers, who in addition to practicing law, also deserve recognition for their valuable contributions to their communities.” Justice Robert Benham Supreme Court of Georgia

CALL FOR NOMINATIONS The Community Service Awards Selection Committee and the State Bar of Georgia invite nominations for the Seventh Annual Justice Robert Benham Awards for Community Service.

Eligibility: To be eligible a nominee must be: 1) Member in good standing of the State Bar of Georgia; 2) Participant in outstanding community service work; 3) Not a member of the Selection Committee; and 4) Not engaged in a con- tested judicial or political contest in calendar year 2005.

Nomination should include: I. Nominator: Name (contact person for law firm, corporate counsel or other legal organization), address, telephone number and e-mail address. II. Nominee: Name, address, telephone number, e-mail address. III. Nomination Narrative: Explain how the nominee meets the following criteria: These awards recognize judges and lawyers who have combined a professional career with outstanding service and dedication to their communities through voluntary participation in community organizations, government sponsored activities or humanitarian work outside of their professional practice. These judges’ and lawyers’ contributions may be made in any field, including but not limited to: social service, education, faith-based efforts, sports, recreation, the arts, or politics. Continuous activity over a period is an asset.

Specify the nature of the contribution and identify those who have benefitted. IV. Biographical Information: Nominee’s resume or other biographical information should be included. V. Letters of Support: Include two (2) letters of support from individuals and organizations in the community that are aware of the nominee’s work. Selection Process: The Community Service Task Force Selection Committee will review the nominations and select the recipients. One recipient will be selected from each judicial district for a total of ten recipients. If no recipient is chosen in a district, then two or more recipients might be selected from the same district. Stellar candidates may be considered for the Lifetime Achievement Award. All Community Service Task Force Selection Committee decisions will be final and binding. Awards will be presented at a special ceremony in Marietta in January.

Send Nomination materials to: Mary McAfee, Chief Justice’s Commission on Professionalism, Suite 620, 104 Marietta Street, N.W., Atlanta, Georgia 30303, (404) 225-5040

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YES, I would like to support the State Bar of Georgia Campaign for the Georgia Legal Services Program. I understand my tax-deductible gift will provide legal assistance to low-income Georgians. Please include me in the following giving circle: Benefactor’s Circle $2,500 or more Sustainer’s Circle $250-$499 President’s Circle $1,500-$2,499 Donor’s Circle $150-$249 Every Gift Counts! Executive’s Circle $750-$1,499 or, I’d like to be billed on (date) ______ Leadership Circle $500-$749 for a pledge of $______Pledge payments are due by December 31st. Pledges of $500 or more may be paid in installments with the final installment fulfilling the pledge to be paid by December 31st. Gifts of $150 or more will be included in the Honor Roll of Contributors in the Georgia Bar Journal. Donor Information Name ______Georgia Legal Services Program (GLSP) Business Address ______City/State/Zip ______Thank you for your generosity! Please check one: Personal gift Firm gift GLSP is a non-profit law firm recognized as a 501(c) (3) by the IRS. Please mail your check to: State Bar of Georgia Campaign for Georgia Legal Services, P.O. Box 999, Atlanta, Georgia 30301 A faster route to dockets, with direct connections to related content. WestDockets For speed, coverage and content, WestDockets™ is the only way to go. Access more dockets from more courts. Find any docket fast – even without a name or number. Plus, whether you’re tracking your case or others, link directly to Westlaw ® background on the people, cases, and other briefs cited in to go the docket. Non-stop benefits with WestDockets. Call 1-800-762-5272 or go to westlawlitigator.com