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November 1997 ver the years commercial malpractice insurers have come and gone from the Alabama marketplace. End the worry about prior acts coverage. Insure with AIM. We're here when you need us: Continuously! AIM: For the Difference (We're here to stay!) Attorneys Insurance Mutual of Alabama, Inc ... 22 Invernes s Center Parkway Telephone (205) 980 -0009 Suite 525 Toll Free (800) 526 - 1246 I Birming ham , A labama 35242-4$89 FAX (205) 980-9009 "CHARTER MEMBER: NATIONAL ASSOCIATION OF BAR-RELATED INSURANCE COMPANIES. WestGroup OneCompany. More Choice. Take West Publishing Company add LawyersCooperative Pub lishing and ClarkB oardmanCallaghan WestGroup ... Choice... ItAll Adds Up. FREE 4 or 7 bayCD-ROM towe r, withyour purchase of an Alabamabas ic, comprehensiveor practicespecific research library. Formore details call your local West Group rep resentative. General Legal Sates Government Sales SpecialtyT opics Sales John Davis Carol Sullivan DavidBo kru1yi EdDorgan (770) 888-6653 ChuckGore MikeGoodson (800) 762-5272 RickNewton CorporateSales BrianRooks GregFidler (800) 762-5272 (770) 495-9890 Offera11d prla, n,!,j«t to cbongo. ... • WEST GROUP Alabama Bar Institute for Continuing Legal Education ALABAMALA WYl!R S SERVINGALABAMA LA WYERS "Continuing education for lawyersin Alabamai s no longer simply a requirementto practice, but has maturedinto a fundamental aspectof our profcssioMIlives. Not only are we pem1itted to be informed by experts among our peers,but weare able to enjoythe camaraderieof interactingwith our fellows.AB I CLE is at the forefront of this movementbecause i t 1>ffcr, good quality seminarson a wide varietyof subjects." J.Ro nald Boyd Boyd& Ferna Bim1ing·_. , ... Vol. 58,No . 7 November 1997 On the Cover Earlymorning sunlight on lee CountyCourthouse, Opelika, Alabama. Lee Countywas createdfr om portionso f Russell,M acon, Chambersand Tallapoosa countiesby act of the AlabamaLegislat ure in 1866.The county's first election was heldJanuary 21, 1867.Co nstructionof the courthousebegan in 1896.The courthousewas placedon the National Register of Historic Placesi n 1973. -Photo by Paul Crawford, JD, CLU IN THIS ISSUE THE FACESOF PR O BONO B y Susan Cullen Anderson . ................. .. ... ... .342 WHY WASY OURP ETITIONl'OR A WRIT OF CERTIORARI DENIED? THE I.MPORTANCEor PR OCEDURALCOMP LIANCE WITHR ULE 39, ALA .R.APP.P. By Michael Skotnicki . ....................... .. ...... .348 DISCOVERYIN CRIMINALC ASES: 0BTAIN1NGEVI DENCEAND INF ORMATION NECESSARYFOR AN EFFECTIVE DEFENSE By LaJuanaS. Davis .. .. ..... .. .. ...... .. .. .. .. .352 WHERETO TuRN IN A POST-PUNITIVEDAMA GESW ORLD: THE "QUI TAM"PR OVISIONSOF THE F ALSEC LAIMSACT By Pamela M. Bucy .. .. .. .. .. .. .. .. .. .. .. .. ..... .. 356 CODEOP ALABAMA 1975 By Jerry L. Bassett ...... ................ ......... ... 371 (CunJ;nud onpo!J(f :J20) ALABAMASTATE BAR ON LINE www .alabar .org Wh ~t'$ N c,v. • Public.ario ns • Q n ..Line Co 1nmuni t)' • OGC O pini ons • CLE Ca lendar • O n-Line C h ange of Addr ess Publislledseven times a year (the June issue is a bar directory edition) by the Alabama State Bar, (COnlin~>d{((»t1 ~ 31.9/ P.O. Box 4156, Montgomery. Alabama 36101-4156. Phone (334) 269· 1515. Robort A, Hu1taKer···· ···- ·· .............._ ...................................................................................................Chair & Ecfi10f SUsan $h1tod< OePaola.. ............................................................................................VIC& •Chair & Assocla1e Edilor DEPARTMENTS David B. Champlin. ......................- ........., .. _... , .................._ ........._, __ ,., ...... ................................Vk:e-Ch.air. Ftoanoe Susan H, Andres .............................................................- ............_ . ..........Statf Liaison& CommunicationsDirecior Margaret L M urphy ...... ___ ,_,..,, ............................. _ ...._ ...... .................. - .......... .Staff Liaison & Managing Erfrlor Board of Edl1ors UndaG. Fl\:lpo.B1rmh1ghat11 • La.Juana S. Davis,Monlgome<y • V-13J.-n-S1sson, Bmw,gham , M.Donald Davis. Jr • ._ · Hon. WllliamA. Go<doo, Monlgomety • LyM AooorlSOnJad<son,Claylon • MichaOIA. Klrlland.Monrgome,y • JooalnanS. c«= Tuscaloosa• Eugonla 1-1.MU .... Slmllngham• SamuOIA- Rumen,, Jr., Birmingham• WoliamT , President's Page C8r1soo,J,. , Mon1gome<y• Grogo,y C, 8"flalo,,,,Motlilo • J. Tlt!IOU>fSri1i, Birmingham, Rober1Sellers Sml1h,Hunisvlle 322 • Nalharl R. Norri$.Blrmlngt,am • DeborahAlloy Smith, Blnrirqwn • Gloria J. McPherson. Montgomery• Kalhat1ne w Cox-.\.... -- • Shlo1eyo..by - -- • - Pamela Baochob.MonOgomOly • "-"' 0. Marmnson.Bwmtngham • Jm1\'oy B. ca~. Al,err,ine • P.Leigh O'OeU. "'°"'-Y w. Board of Bar Commiss ioners Ualson ..................................................-, ............. .James W. Gewtn. Bltmlngha.m ExecuLive Director's Report Otflcer9 324 S. OagnaJRo ·we. Hun1svUle- ......... _ ..., .................. .....................................- ....................................._.,. ..... P,es::.cie<it Vlet0rH . lon . Jr .. Mobl'e ...•__ , .......... ,_ ................................._,- ........................................................President-eloct George P. Ford. Gadsden .............................................................- .......................................................Vioe-prosidenl About Members, Amongl~irms Keith a. ~rman , Mon1gotnery·· ···········~, .................................................._ .... .........................................Sec::retary 326 Board of Comml$Sloners 1st Circ:uil.E . Mark Ezell. Bulil!r.2nd Circuit,Frank A. Hld<man, Greenville. 3rd Clteut1,Lynn Robertson Jackson , Cfaylon. 4tt, Clreuf1. Ralpl'IN . Hobbs , Selma. Slh Cifcull.John Percy Ofvcr.11. Dadeville. 6th Circuil, Place r-,o.1 . Watt91'P . CtOWnOYOr.Tuscaloosa . 6th CirM . PfaceNo. 2. J. Oouglas McElvy. Tuscak>osa.7th Clrcul1, Arlhiur F. Bar Briefs Fite. Ill. Anniston, 8th C!n::uit. Willem E. Shinn. Jt., Oec:arur, 9th Clrcui1, W.N. Wstson. FL Payne.101h Clrcoll .. Pface 328 No. 1, SamuelH , Fnmklln, Birmingham. 10th ctreurl,.Place No. 2, James W. Gewln, Birmingham. lO!h Circuit, Place No. 3, J. Mark Whllo, Birmingham. 10th Circull, Place No.4, Samuel ~ Flumo10.Jr •• Birmingham. 10th Cil'WIL PtooeNo . 5, EdwardP. Meyerson,Birmiogham . 10lh Ckcult, Place No. 6. Mac 8. Greaves,Birm ingham 10thCircuit. Place No. 7, Stephen A. Rowe, Birmingham. 10th Circuit,Place No. 8, Max C Pope, Jr., Birmingham. 10thCircuit, PlaceNo . 91 Card H. S1ewan. Birmingham, BessemerCu1-ol1, George Hlgg!nbo!ham1 Sessemer. 11th Building Alabama's Courthouses ClrcwL Roberi L. Gonce, Aocence. 12th Ckcuil. Joseph E. Faulk. Troy. 13th Circuit, Place No. 1, Wosley Pfpes. Mobile. t 3th Circun. Place No 2, 8111)'C. Bodsole. Mobile. 131hcircuit, Place No.3, Caino O'Roat, Ill, Mobil&. 13th 330 Circuit. Place No. 4. Benjam&nT. Aowo , MObUI). 14th Circuit. Philip P. Nelson. JaS()(lf. 1511'1Circuit. Place No. t, Robert 0. Segall. Mon1gomory. 15thCira.it, Place No. 2, W&ncl80. Oevol'Qaux.MontgOmery . 151hCircull, Place No. 3. Jam0$ E. Wiliams. Montgomery.15th Circuit.Place No. 4, Richard S. G3JTetL.Momgome,y . 15th CirC1.1il, Place No. 5. DavidR . Boyd , Montgomery. 16th Clrcvh, George P.Ford. Gadsden. 17thCircru.t, Taylor T. Perry.Jr ., Legislative Wrap.Up Oofflopo's. 18th CircuH, Conrad M. Fowler. Jr.. ColumblaM. t9ChCircwL Jolvl Hollis Jackson. Jr., Cianton. 201h 335 Circuil. Wade 1-1. Bax1ey.Oolhan. 21st Cifcult,CnatlllS A . Godwiri.Almo,e . 22nd Ccrcuit, Ear1v . Johnson, Andalusia. 23rd Ci(cult, Place No. 1, Donna S. Pale, Huntsville. 23rd Circuit, PloceNo. 2, Pa1rick H. GtaYeS.Jr . • Huntsville.24th Clrcuil. ()ooa)d W. Lambeft, Vernon.25th Cirtuil. oravetFrederick WOOd , Hamillon. 26th C.cuil, BowenH . Blassell. Phenix City.27th Cirml . John C. Guttah0tn.Nberiv!He. 28th Citcutt, E.E. Bal, Bay Mlnetle. Memorials 29thCircuit, A. Blake Lazont,v. Talladega. 3()thClrcull . J . Roboo Bentley, Oneoma.31st CJroul1.Wolliam K Howl&IJ, 337 iuSQJmbia.32nd Clrcui1. Bily \'I . Jackson, Cullman. 33rd Citoil. Rober1H . B<Qdoen,Ozark. 341hCitcult. ROberl t. Rogers, Jr., Ausseltvllle. 35th c«ult, JOhnB. Bamen. Ill, tAonroeville. 36th Circuit.Chris Mak:om, Moulton.37t h Circul1, J. TuuBarrett, ()pee<a. 381hCircuit , S1ephenM . Keoname,,Sconsboro . 39th Circuil, James M, Co,dar. Jr .. Athe:nt.4-0th CireuiL. John K, Johnson, Aocl<:fotd The AlabamB t.DwyerIs pubfishod$8Ven times a year tor $20 per year In tho United St.al9$ and $25 per year Recent Decisions ouiside the UnltodStares by tho Alabama Stale Bar, 4 t5 Dexter Avenue, Montgomery.Alabama 3611)4.Sfngle 364 lswcs aro S5.00 tor the journal and $251$60 !or !he directory. PotiOdlealSpostage paid al Montgomery Alabama. 1 and addltionaf malling olfices. ALABAMASTATE BAR ll &AOQUARTERS STAPP Opinions of the GeneralCounsel 415 lleJ<terAvenue , Montgomery,AL 36104 CJ.14) 269-1515• f'AX (334) 261-6310• E-mail f.>ct,@alab.,r.org 368 1.-:xrculivtOittttor .....- .....- ...-.._ ............ Kd lh 13...Norman AlabamaLaw fwnd.l1fon. Int. Du•t1:tor........ 'fracy Darnel £xeeuli\'t M1bUanl ............., _.. , ... ......__ __t-fa,garet Boone AU: ~tllnt ...................._.. .-- .........- ........... Kn,li Maru Oirtctor ol Programs..... ..........,,_ ... _ .1;;dw.11td M. Pallcnon Volunteer 1..av.,'USPrognim Oi,,..dl)r .. ............Kjm Olrvcr Administr.tt\.YfAs:listani (or Prognum ............H t idj AJ\ti VI.PP.an.tcii.,1 ..... ..............,- .........- ..........Crtta Chamhlw Disciplinary Notice l1~.a. 1tU SKrctary.. _ ................- ..........-
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