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James B. Franklin: Focus on Pride and Civility West Group New Art Full Page 4c “Anywhere” 2 GEORGIA BAR JOURNAL Editorial Board MARISA ANNE PAGNATTARO, Editor-in-Chief SCOTT FAIN BERTSCHI TERRY L YNN LONG ERIKA CLARKE BIRG W. FRAY MCCORMICK ERIN REYNOLDS CHANCE E. P EYTON NUNEZ CHARLES M. CORK III ERICK HENRY ROCK August 2001 • Vol. 7 No. 1 LYNDA CARNEY CRUM JOHN I. SPANGLER III JOHN M ICHAEL GROSS ROBERT R. STUBBS REBECCA ANN HOELTING JERRE B. SWANN JR. On the Cover: Newly installed State Bar President James MICHAEL K. JABLONSKI DIANE B ETH WEINBERG MICHELLE W. JOHNSON KRISTEN H. WEST B. Franklin is pictured in the courtroom of the historic SARAH HOWARD LAMAR PAMELA Y. WHITE-COLBERT Bulloch County Courthouse in Statesboro. Franklin MARCUS D. LINER J. MICHAEL WIGGINS outlines his plans for the year beginning on page 34. THEODORE H. DAVIS JR., ADVISOR QUICK DIAL D. SCOTT M URRAY, ADVISOR Officers of the State Bar of Georgia Attorney Discipline............... (800) 334-6865 ext. 720 (404) 527-8720 (ex officio members) Consumer Assistance Program ...................................... (404) 527-8759 Conference Room Reservations..................................... (404) 527-8712 Fee Arbitration ............................................................... (404) 527-8750 JAMES B. FRANKLIN, S TATESBORO President Continuing Legal Education Transcripts ....................... (404) 527-8710 Diversity Program ......................................................... (404) 527-8754 JAMES B. DURHAM, BRUNSWICK President-Elect ETHICS Hotline ..................................(800) 682-9806 (404) 527-8741 Georgia Bar Foundation/IOLTA .................................... (404) 527-8766 WILLIAM D. BARWICK, ATLANTA Georgia Bar Journal ..................................................... (404) 527-8736 Secretary Lawyer Assistance Program ................ (770) 612-1122 (800) 327-9631 GEORGE ROBERT REINHARDT JR. TIFTON Law Practice Management............................................. (404) 527-8772 Treasurer Membership Records .................................................... (404) 527-8777 GEORGE E. MUNDY , CEDARTOWN Meetings Information .................................................... (404) 527-8790 Immediate Past President Pro Bono Project ........................................................... (404) 527-8763 PETER J. DAUGHTERY, C OLUMBUS Professionalism.............................................................. (404) 527-8793 YLD President Sections.......................................................................... (404) 527-8774 Unauthorized Practice of Law ....................................... (404) 527-8743 DEREK J. WHITE, SAVANNAH YLD President-Elect Young Lawyers Division ............................................... (404) 527-8778 S. KENDALL BUTTERWORTH, ATLANTA HEADQUARTERS YLD Immediate Past President 800 The Hurt Building • 50 Hurt Plaza • Atlanta, GA 30303-2934 Editors Emeritus • (ex officio members) (800) 334-6865 (404) 527-8700 FAX (404) 527-8717 Visit us on the Internet at www.gabar.org D. SCOTT MURRAY, 2000-2001 WILLIAM WALL SAPP , 1999-2000 South Georgia Office THEODORE H. DAVIS JR., 1997-1999 244 E. Second St. (31794) • P.O. Box 1390 • Tifton, GA 31793-1390 L. BRETT LOCKWOOD, 1995-1997 (800) 330-0446 (912) 387-0446 STEPHANIE B. MANIS, 1993-1995 FAX (912) 382-7435 WILLIAM L. BOST JR., 1991-1993 Manuscript Submissions CHARLES R. ADAMS III, 1989-1991 The Georgia Bar Journal welcomes the submission of unsolicited legal manuscripts on topics of interest L. DALE OWENS, 1987-1989 to the State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should be 10 to 12 DONNA G. BARWICK , 1986-1987 pages, double-spaced (including endnotes) and on letter-size paper. Citations should conform to A UNIFORM SYSTEM OF CITATION (17th ed. 2000). Please address unsolicited articles to: Marissa Anne Pagnattaro, J.D., JAMES C. GAULDEN JR., 1985-1986 Ph.D., State Bar of Georgia, Communications Department, 800 The Hurt Building, 50 Hurt Plaza, Atlanta, Ga., JERRY B. BLACKSTOCK, 1984-1985 30303-2934. Authors will be notified of the Editorial Board’s decision regarding publication. The Georgia Bar Journal welcomes the submission of news about local and circuit bar association STEVEN M. COLLINS, 1982-1984 happenings, Bar members, law firms and topics of interest to attorneys in Georgia. Please send news WALTER M. GRANT, 1979-1982 releases and other information to: Joe Conte, Director of Communications, 800 The Hurt Building, 50 Hurt Plaza, Atlanta, Georgia 30303-2934; phone: (404) 527-8736; [email protected]. STEPHEN E. RAVILLE, 1977-1979 Layout and Design by Lenz Design & Communications, Inc. 119 E. Court Sq. #201, Decatur, Georgia ROBERT H. WALLING, 1975-1977 Publisher’s Statement Communications Committee The Georgia Bar Journal (ISSN-1085-1437) is published six times per year (bi-monthly) by the State Bar of Georgia, 800 The Hurt Building, 50 Hurt Plaza, Atlanta, Georgia 30303-2934. © State Bar of WILLIAM E. CANNON JR., ALBANY Georgia 2001. One copy of each issue is furnished to members as part of their State Bar dues. Subscriptions: Chairperson $36 to non-members. Single copies: $6. Periodicals postage paid in Atlanta, Georgia. Opinions and conclu- sions expressed in articles herein are those of the authors and not necessarily those of the Editorial Board, WILLIAM DODSON, ATLANTA Communications Committee, Officers or Board of Governors of the State Bar of Georgia. Advertising rate Vice-Chairperson card will be furnished upon request. Publishing of an advertisement does not imply endorsement of any product or service offered. POSTMASTER: Send address changes to same address. Staff Disabilities JOE CONTE WENDY ROBINSON Director of Communications Administrative Assistant If you have a disability which requires printed materials in alternate formats, please contact the ADA coordinator at (404) 527-8700 or ROBIN E. DAHLEN HEATHER MOODY (800) 334-6865. Assistant Director of Contributing Writer Communications AUGUST 2001 3 Merchant and Gould p/ u 6/01 page 4 full page 4c 4 GEORGIA BAR JOURNAL AUGUST 2001 VOL. 7 NO. 1 Table of Contents From the YLD President Annual Meeting Happy New Year! By Pete Daughtery Island Paradise Plays Host to Annual Meeting 52 28 Office of General Counsel Embracing Opportunities for Lawyers and Confidentiality All Georgia Lawyers 54 By James B. Franklin Bench & Bar 34 56 Generations of Service, A Year to Cherish Who’s Where By George E. Mundy 58 38 Voluntary Bars Harold T. Daniel Jr. Receives Western Circuit Bar Association Bar’s Highest Honor 14 Promotes Service, Fellowship By Linda A. Klein By M. Kim Michael 42 60 Legal Professionals Shine at Annual Meeting Lawyer Assistance Program 44 Departments 62 Legal Groups Present Awards South Georgia Office 47 From the President South Georgia Lawyers Stay Active Pride and Civility in Our Profession 63 By James B. Franklin Legal Articles 6 In Memoriam 64 From the Director Practical Aspects to Protecting Your Clients What Do I Get For My Dues? Law Practice Management with Restrictive Employment Covenants By Cliff Brashier Shopping for Legal Research: By Bryan L. Tyson 7 Where’s the Best Deal? 8 By Natalie R. Thornwell Acquisition of Trademark Rights Under 66 United States and Georgia Law Lawyer Discipline By Virginia S. Taylor and Theodore H. Davis Jr. 68 14 Notices Notice of Motion to Amend the Rules and Features Regulations of the State Bar of Georgia Notice of Expiring Board of Governors Terms 2001-2002 Election Schedule State Steps Forward to Aid Georgia’s Children 70 By Justice P. Harris Hines CLE Calendar 48 80 BOG Decides Reapportionment at Special Ad Index Meeting 82 49 Classifieds Painless Way to Give Still Is – 8 82 If You Know a Few Tricks By Len Horton 50 AUGUST 2001 5 rank with those poor spirits who nei- PRIDE AND CIVILITY IN ther enjoy nor suffer much because they live in the gray twilight that knows neither victory nor defeat.” OUR PROFESSION Sky-high stress levels are accepted as an occupational hazard. Hard work and long hours are the norm for successful law- resented his client in a professional man- yers. While we lawyers must constantly ner and done his or her best. I can truly demonstrate pride in our profession if we say that I wake each morning looking for- expect respect and appreciation from the ward with excitement and enthusiasm to public, there is one area where we must what the day will hold, what new challenge place special emphasis. will arise, what problem will present itself Over the period of time that I have been that will be solved through an imaginative practicing law, there has been a significant application of the law. loss in civility between members of the pro- By James B. Franklin What greater gratification can a profes- fession. The impact upon the non-lawyer sional realize than seeing the happiness on public’s perception of lawyers has not been positive. We have provided the cynics and n this, my first column for the Bar the face of two people when they have just detractors ammunition and created receptive Journal, I would like to share some adopted a child, the sense of fulfillment of a ears for negative media, lawyer jokes and reflections on my life as a lawyer, why young couple closing the purchase of their political demagoguery. Lawyers do so much we should constantly exhibit and re- first home or the happiness of the victim of an good in their communities. We serve as lead- inforce our pride in the profession and the act of negligence or a defective product when I ers of Rotary, Kiwanis,
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