Gearing up for the Session

PROTECTIVE ORDERS • CHOICEDECEMBER OF 2000 ENTITY • SPRING MEETING 1 west group new art enclosed 4c

2 GEORGIA BAR JOURNAL Editorial Board

D. SCOTT MURRAY, Editor-in-Chief JENNIFER M. DAVIS, Managing Editor SCOTT FAIN BERTSCHI E. PEYTON NUNEZ ERIKA CLARKE BIRG MARISA A NNE PAGNATTARO CHARLES M. CORK III ROBERT R. STUBBS December 2000 • Vol. 6 No. 3 ERIN REYNOLDS CHANCE JOHN M. SIKES JR. MELISSA A LLEN HEATH JOHN I. SPANGLER III REBECCA A NN HOELTING JERRE B. SWANN JR. On the Cover: MICHAEL K. JABLONSKI DIANE BETH WEINBERG The State Bar is gearing up for the upcom- MICHELLE W. JOHNSON KRISTEN H. WEST ing legislative session. See what’s in store on page 10. SARAH HOWARD LAMAR J. MICHAEL WIGGINS Photo by Richard T. Bryant. W. FRAY MCCORMICK PAMELA Y. W HITE-COLBERT QUICK DIAL WILLIAM WALL SAPP, ADVISOR THEODORE H. DAVIS JR., ADVISOR Attorney Discipline ...... (800) 334-6865 ext. 720 (404) 527-8720 Officers of the State Bar of Georgia Consumer Assistance Program ...... (404) 527-8759 Conference Room Reservations ...... (404) 527-8712 (ex officio members) Fee Arbitration ...... (404) 527-8750 Continuing Legal Education Transcripts ...... (404) 527-8710 GEORGE E. MUNDY, CEDARTOWN President Diversity Program ...... (404) 527-8754 ETHICS Hotline ...... (800) 682-9806 (404) 527-8741 JAMES B. FRANKLIN, STATESBORO Georgia Bar Foundation/IOLTA ...... (404) 527-8766 President-elect Georgia Bar Journal ...... (404) 527-8736 WILLIAM D. BARWICK, ATLANTA Lawyer Assistance Program ...... (770) 612-1122 (800) 327-9631 Secretary Law Practice Management ...... (404) 527-8773 JAMES B. DURHAM, BRUNSWICK Membership Records ...... (404) 527-8777 Treasurer Meetings Information ...... (404) 527-8790 RUDOLPH N. PATTERSON, MACON Pro Bono Project ...... (404) 527-8763 Immediate Past President Professionalism ...... (404) 527-8793 Sections ...... (404) 527-8774 S. KENDALL BUTTERWORTH, ATLANTA YLD President Unauthorized Practice of Law ...... (404) 527-8743 Young Lawyers Division ...... (404) 527-8778 PETER J. DAUGHTERY, COLUMBUS YLD President-elect HEADQUARTERS JOSEPH W. DENT, ALBANY 800 The Hurt Building • 50 Hurt Plaza • Atlanta, GA 30303-2934 YLD Immediate Past President (800) 334-6865 (404) 527-8700 FAX (404) 527-8717 Editors Emeritus • (ex officio members) Visit us on the Internet at www.gabar.org 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 L. DALE OWENS, 1987-1989 interest to the State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should DONNA G. BARWICK, 1986-1987 be 10 to 12 pages, double-spaced (including endnotes) and on letter-size paper. Citations should conform to A UNIFORM SYSTEM OF CITATION (16th ed. 1996). Please address unsolicited manuscripts to: D. Scott JAMES C. GAULDEN JR., 1985-1986 Murray, Attorney at Law, 1030 Powers Place, Alpharetta, Georgia 30004. Authors will be notified of the JERRY B. BLACKSTOCK, 1984-1985 Editorial Board’s decision following its next meeting. 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: Jennifer M. Davis, Managing Editor, 800 The Hurt Building, 50 Hurt Plaza, Atlanta, Georgia 30303; phone: (404) 527-8736. 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 2000. 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 Staff product or service offered. POSTMASTER: Send address changes to same address. Disabilities JENNIFER M. DAVIS Director of Communications If you have a disability which requires printed materials in alternate NIKKI HETTINGER CAROLINE SIRMON formats, please contact the ADA coordinator at (404) 527-8700 or (800) Assistant Communications Director Webmaster 334-6865.

DECEMBER 2000 3 anlir pick up april 00 inside back cover bw

4 GEORGIA BAR JOURNAL DECEMBER 2000 VOL. 6 NO. 3

Table of Contents

Letters to the Editor Cover Story 8 From the YLD President State Bar Gears Up For Legislative The YLD: Not Just for Those 36 and Under Session By S. Kendall Butterworth By Mark Middleton 50 10 Bench & Bar 52 Legal Articles South Georgia Office 10 Tifton Named Reading Capital of the World Obtaining Protective Orders For Relief 53 From Family Violence Symposium Reviews History, Explores Status Who’s Where By Roger B. Handberg & Future of Georgia Indigent Defense 20 By Nikki Hettinger 54 Choice of Entity With Emphasis on 46 Voluntary Bars Estate Planning Spotlight on the Atlanta Bar Association Executive, Legislative and Judicial By Bradley R. Coppedge By Charles A. Mobley Branches Participate in Dedication of 56 26 Restored Appropriations Room 48 In Memoriam Features 58 Law Practice Management Departments Properly Communicating with Clients, Part III Board of Governors Meets on St. Simons By Natalie Thornwell By Jennifer M. Davis From the President 61 34 Seize the Opportunity to Achieve Lawyer Assistance Program Filling Non-legal Needs While Preserving Career Satisfaction 63 the Dignity of Indigent Clients By George E. Mundy 6 Lawyer Discipline By Robyn E. Ice 64 38 From the Director Thank You ANLIR; Bar Center Update Georgia Trial Reporter ABA Study of Multi-state Practice By Cliff Brashier 66 is on Fast Track 7 Audited 2000 Financial Statement By Harriet E. Miers 67 42 26 Notices Lawyers Foundation Awards Proposed Amendments to the Uniform Rules First Challenge Grants for the Superior Courts By Lauren Larmer Barrett 73 44 Ad Index Supreme Court Oral Argument Heard 73 at Bulloch County Courthouse Classifieds 45 74

DECEMBER 2000 5 was the last opportunity I would ever SEIZE THE OPPORTUNITY TO have on that particular day to accomplish a goal, make a positive impres- ACHIEVE CAREER SATISFACTION sion, or achieve the resolution of some issue. I decided each and every day would offer opportunities that I would seize rather than squander. Spain was very much appreciated by Little did I know I had stumbled upon me, but disliked by my mother. some basic tenets of law practice Several times after a visit, I would management. find my mother had relegated the I began to prioritize the matters carving to a closet. I would then that needed consistent attention. I rearrange items in my house to my developed a keen appreciation of the liking only to have them rearranged value of effective staff support, and the next time my mother visited. began to delegate non-essential duties. By George E. Mundy On one occasion after a visit, I While the practice of law is entered my living room to find the demanding, I realized I had to make “I shall pass this way but once. framed needlepoint quote hanging time for activities outside the office. I Therefore, any kindness I can show above the living room sofa. I quickly organized my day to obtain sufficient or any good I can do, let me do it replaced the quote with something I exercise, rest, and especially sleep. I now … for I shall not pass this way felt was far more appropriate—such committed my schedule to insure again.” Etienne de Grellet as an aerial view of Sanford Stadium quality time with family, and regular on game day. breaks from the office to simply areer satisfaction can be Back about 1980, I looked in the accomplish personal enjoyment. elusive to those who practice mirror one day and was not particu- I realized community involvement law. Bar Association polls larly impressed with what I saw. I was also essential to obtaining satisfac- indicate a large percentage was practicing law as if I were due tion. As lawyers, we are uniquely gifted Cof our members lack the sense of respect because of the accomplish- in our ability to make significant fulfillment they had once taken for ments of my father and grandfather contributions to our communities. granted. “Burnout” has been cited by a before me. While I committed Becoming better organized and number who have left the profession. significant time to the office, I was getting a grip on procrastination Many lawyers feel overwhelmed, totally disorganized. I procrastinated helped me to feel I had some control disorganized, and suffer the conse- to the point that I rarely resolved any over my destiny. With any profession, quences of entrenched procrastination. matter while accepting every new we must commit the time necessary The question arises as to what can case that came through the door. It to achieve an acceptable level of effectively be done to insure a positive seemed I spent much of every day career satisfaction. career experience. Let me share with dealing with my worst clients who Finally, your State Bar has an you a personal experience. were impossible to satisfy. I had little excellent Law Practice Management My mother was extremely fond time for family or enjoyable activities. (LPM) program. Assistance is readily of the above quote. So fond that at I had a feeling of being over- available to achieve office organiza- one point, she did a needlepoint whelmed, and was far from experi- tion and management. The LPM incorporating the quote, and had the encing the satisfaction I thought the department can provide hands-on needlepoint framed. practice of law would involve. experience and volumes of references When I returned from the Air It was about this time I remem- which assist in the day-to-day law Force, I obtained my first house in bered the quote. I pulled it out of the office operation and effective stress Cedartown. My mother was a closet and hung it in a position of my management. If your sense of frequent visitor. After she would home where I would see it everyday. satisfaction is lacking, I urge you to leave, I would discover she had I then developed my own unique seize this opportunity on this date to somehow—without my knowledge— interpretation of the quote’s value. achieve your career goal. The holiday rearranged furniture, and relocated In an effort to develop some season offers this possibility. Best other items throughout my house. A level of consistency and progress, I wishes for a prosperous New Year. wooden carving I had obtained in began to approach each day as if it

6 GEORGIA BAR JOURNAL the Bar Center. This strategic plan is THANK YOU ANLIR; dedicated to the recognition that all members are entitled to benefit financially and professionally from BAR CENTER UPDATE their investment in the future of the legal profession in Georgia. Mission Statement: The Bar full access to all claims, financial, and Center is the home of the lawyers of other operation information, and a Georgia. It is their professional State Bar committee to consult with gathering place. As such, it is dedi- ANLIR on behalf of our members on cated to serve all members of the matters like coverage, underwriting, State Bar of Georgia and the public claims, and rates. through the administration of justice I hope you were able to take in the highest traditions of the legal advantage of the 2000 seminar profession. All Georgia lawyers are By Cliff Brashier program. If not, I encourage you to welcome to enjoy their new home try them next year. Further informa- today and for many decades to special thanks to Ameri- tion is available from Barbara Evans, come. can National Lawyers ANLIR’s Georgia representative at Insurance Reciprocal for (770) 645-3070 or (888) 889-4664. Under the plan, appropriate legal once again conducting institutions may contribute to the Aexcellent, three-hour MCLE approved furnishing of rooms or other areas in CLE Reminder malpractice prevention seminars for the Bar Center and receive recogni- Georgia lawyers including insureds of On another CLE matter, please tion for their donations. I am pleased both ANLIR and competing carriers. remember that mandatory CLE credit to report that 100 percent of the past This year’s locations were Savannah, is available for approved online, CD- and present presidents of the State Tifton, Columbus, Dalton, Atlanta, ROM, teleconference, audiotape, Bar of Georgia, together with some Athens, Macon, and Augusta. In videotape, and other forms of distance of the past presidents of the old addition, they co-sponsor other learning beginning in 2001. While still Georgia Bar Association, recently seminars and events in Marietta, subject to the normal 6-hour limit on contributed $171,000 to furnish the Thomasville, and St. Simons at a in-house CLE, individual study is primary board room located on the registration fee of only $10 for permitted without the prior necessity conference floor of the building. ANLIR insureds and $20 for others. of a group seminar format. They raised $21,000 more than their The cost is highly subsidized by $150,000 goal with individual contri- ANLIR and represents a great value Bar Center Update butions ranging from $1,000 to open to all members of the State Bar $10,000 with an average of almost of Georgia. In addition, insureds Finally, numerous members $5,000 per president. I hope you will receive a five percent premium responded to my last column with join me thanking these leaders of our discount for their attendance. requests for continuing updates on profession who continue to contrib- Under the State Bar’s agree- the new Bar Center. The Board of uted to strive to make us all proud to ment, which makes ANLIR our Governors has approved a strategic be Georgia lawyers. recommended carrier, three percent plan for the operation of your new Your comments regarding my of all premiums are returned to professional facility. The philosophy column are welcome. If you have Georgia for a variety of risk manage- of the plan is expressed in the suggestions or information to share, ment services. These seminars are following statements: please call me. Also, the State Bar of part of this effort to help our mem- Preamble: The State Bar of Georgia serves you and the public. bers prevent client harm and mal- Georgia is a unified association of all Your ideas about how we can en- practice claims. lawyers licensed to practice in hance that service are always appre- Other unique benefits under this Georgia. It has over 30,000 members ciated. My telephone numbers are agreement include a malpractice residing in all 50 states and many (800) 334-6865 (toll free), (404) 527- advice hotline (888) 288-8164, a seat other countries. Every member 8755 (direct dial), (404) 527-8717 on ANLIR’s Board of Directors with contributed financially to purchase (fax), and (770) 988-8080 (home).

DECEMBER 2000 7 STATEMENT OF OWNERSHIP, MANAGEMENT Letters to the Editor AND CIRCULATION We received a number of let- (Required by 39 U.S.C. § 3685) ters about “The Harper Standard and the Alcosensor: The Road Not Georgia Bar Journal, published February, April, June, August, October Traveled,” by Lance J. LoRusso, and December of each year. which appeared in the August Office of Publication: 800 The Hurt Bldg., 50 Hurt Plaza, Atlanta, GA 2000 issue of the Journal. In the 30303-2934. interest of space, we have ex- Headquarters of Publisher: 800 The Hurt Bldg., 50 Hurt Plaza, Atlanta, cerpted the letters below. GA 30303-2934. Publisher: State Bar of Georgia, 800 The Hurt Bldg., 50 Hurt Plaza, As a criminal defense attorney, Atlanta, GA 30303-2934. I have had to educate myself about Editor: D. Scott Murray, Esq. 1030 Powers Place, Alpharetta, GA the alcosensor, other fuel-celled 30004. devices, and the Intoxilyzer 5000. Managing Editor: Jennifer M. Davis, 800 The Hurt Bldg., 50 Hurt The alcosensor is not sophisticated Plaza, Atlanta, GA 30303-2934. enough to distinguish acetone, tolu- Owner: State Bar of Georgia, 800 The Hurt Bldg., 50 Hurt Plaza, ene, or acetaldehyde from alcohol. Atlanta, GA 30303-2934. Further, without a slope detector, there is the danger of false posi- (a) total number copies (net press run): average-27,293; single issue tives as a result of a suspect burp- published nearest to filing date-27,700; (b) paid and/or requested circula- ing, vomiting, or hiccuping. tion: (b1) paid/requested outside-county mail subscriptions stated on form 3541 (include advertisers’ proof copies/exchange copies): average- Christine A. Koehler 21,430; single issue published nearest to filing date-16,558; (b2) paid in- Lawrenceville, GA county subscriptions (include advertisers’ proof copies/exchange copies): average-5,284; single issue published nearest to filing date-10,544; (b3) I wish to call your attention to sales through dealers and carriers, street vendors, counter sales, and a couple of issues that appeared other non-USPS paid distribution: average-0; single issue published as I read the article. The applica- nearest to filing date-0; (b4) other classes mailed through the USPS: tion of the fuel-cell technology to average-0; single issue published nearest to filing date-0; (c) total paid the portable hand-held alcohol and/or requested circulation [sum of 15b (1), (2), (3), and (4)]: average- testing unit is probably appropri- 26,714; single issue published nearest to filing date-27,102; (d) free ate to a screening test, although it distribution by mail (samples, complimentary, and other free): (d1) is certainly not always accurate. outside-county as stated on form 3541: average-0; single issue published A variety of environmental fac- nearest to filing date-0; (d2) in-county as stated on form 3541: average- tors can change the results of the 0; single issue published nearest to filing date-0; (d3) other classers test. The alcosensor can be ma- mailed through USPS: average-107; single issue published nearest to nipulated to produce a false posi- filing date-102; (e) free distribution outside the mail (carriers or other tive or an elevated result. means): average-82; single issue published nearest to filing date-88; (f) Sean A. Black total free distribution (sum of 15d and 15e): average-189; single issue Toccoa, GA published nearest to filing date-190; (g) total distribution (sum of 15c and 15f): average-26,903; single issue published nearest to filing date-27,292; When someone’s freedom is at (h) copies not distributed: average-231; single issue published nearest to stake, scientific testing should be filing date-244; (i) total (sum of 15g and 15h): average-27,134; single carried out in circumstances as issue published nearest to filing date-27,536; (j) percent paid and/or controlled as possible. The requested circulation (15c/15g x 100): average-99%; single issue pub- alcosensor, by its portability, almost lished nearest to filing date-98%. guarantees variability (hence un- certainty) of its results. I certify that all information furnished is true and complete. Tracy J. Murray Jennifer M. Davis, Managing Editor Winterville, GA

8 GEORGIA BAR JOURNAL loislaw.com p/u oct 00 pg 37 bw

DECEMBER 2000 9 COVER STORY State Bar Gears Up For Legislative Session

By Mark Middleton

s the annual process to establish the State Bar discussed and added to the agenda at the Bar’s Midyear legislative agenda begins, the State Bar Meeting in January. Board of Governors is making plans to This year, in an effort to maintain the legislative success involve every willing member in the of the past decade, the State Bar is seeking the participation legislative effort. of every lawyer in a grass roots effort to develop and AEach year the various State Bar substantive law strengthen relationships between individual lawyers and their sections prepare legislative proposals that primarily respective members of the General Assembly. compose the State Bar’s legislative agenda. These The State Bar’s Executive Committee approved a initiatives are then discussed by the Bar’s Advisory plan at its October meeting creating the State Bar Legisla- Committee on Legislation (ACL), which decides tive Grass Roots Program. Over a period of time, this whether to recommend the proposals to the Board of effort will provide a means for the State Bar to coordinate Governors for final consideration. Upon approval by the contact between members of the State Bar and members Board, the legislative representatives develop strategies of the General Assembly. for passing the State Bar bills through the General “We must build bridges with every member of the Assembly. legislature if we are going to continue our success in the The Board of Governors has already approved General Assembly,” said State Bar President George various budget requests for inclusion in the agenda (see Mundy. As we look forward to this changing future, it is sidebar article on page 12). Many other issues will be important to understand the past.

10 GEORGIA BAR JOURNAL DECEMBER 2000 11 Background: A History of Success become more organized in their efforts to attack the practice of law, the State Bar must add to its current lobbying efforts For years, the State Bar has enjoyed extraordinary success by expanding the number of participating lawyers and by in its efforts at the General Assembly of Georgia. The State Bar using technology to modernize its lobbying efforts. The Grass has been most active and accomplished in seeking the passage Roots Program is a step toward this goal. of new legislation that positively affects the practice of law. Through the efforts of the Board of Governors, the Grass Roots Program Advisory Committee on Legislation, the Sections, and the professional legislative representatives, the State Bar has The Grass Roots Program recognizes a political truth successfully advocated the passage of approximately 65 bills famously stated by former U.S. Speaker Tip O’Neil: “All in the General Assembly during the past 10 years. In many of politics is local.” Thus, contacts from actual constituents those years, only the Governor’s agenda exceeded the size of the legislator are the most effective form of communi- and scope of the legislative agenda sought by the State Bar. cation on any particular issue. Also, numerous State Bar appropriations requests have Ironically, while the average member of the General been funded on a regular basis. For instance, just three Assembly receives a large volume of mail and contacts from years ago, the Bar helped secure $2 million in initial funding lobbyists and special interest groups, the number of issues for legal services for victims of domestic violence. The Bar generating genuine contact from the folks back home is rela- also routinely seeks funds for judicial salaries, indigent defense, and court appointed special advocates. Over the years, the Bar has also been effective in defeating bills that were detrimental to the practice of law, Legislative Agenda including measures regarding the taxing of services, scope The Board of Governors (BOG) at its October of practice, and governance of law practice, etc. These 28, 2000 meeting approved the following items for efforts always involve educating members of the legisla- inclusion in the State Bar’s legislative agenda: ture on the issues affecting the State Bar. 1) CASA budgetary request: CASA is the There are many reasons for this historic success. First Court Appointed Special Advocates who are and foremost, able members of the State Bar have trained to advocate for children in court deprivation dedicated themselves to service in the legislature. These proceedings. The BOG approved a $554,000. members, despite representing different geographic areas, increase in funding to continue serving in 34 political parties, and philosophies have consistently been existing programs, and to begin seven new pro- united in their support for their profession. grams. CASA is currently funded at approximately Recently, lawyers from both political parties have also $1.2 million. enjoyed success in statewide elections. Currently, lawyers 2) Domestic Violence Legal Services occupy the offices of Governor, Lt. Governor, Secretary of budgetary request: The BOG approved an State, Attorney General, Insurance Commissioner, Labor initiative by the Women & Minorities in the Profes- Commissioner, and three Public Service Commission seats. sion Committee to fund legal services for domestic violence legal services to the poor. The request is The Challenge to Stay on Top for a total appropriation of $2.5 million, an increase of $375,000. However, the State Bar’s extraordinary legislative 3) Georgia Indigent Defense Council success cannot be taken for granted. As the issues facing Budget Request: The BOG approved a funding the legal profession continue to become more complex, request for an additional $1,805,353. The state the challenges facing the State Bar become greater. currently provides approximately $6 million for the For instance, the number of lawyers in the legislature various indigent defense programs. The bulk of the continues to decline. In 2000 there were 34 lawyers in the requested funding will be used to increase the General Assembly as compared to 52 in 1980. This means grants to the counties to a level equal to 15% of that more time and effort will be needed to educate non- their actual expenditures. Currently, the state only lawyer legislators on the importance of issues relating to provides approximately 12% of the total funding. the administration of justice and the practice of law. It also The BOG will be presented with numerous other means a smaller number of legislators who are naturally legislative initiatives at its Midyear Meeting in sympathetic to State Bar issues. January. Also, as political winds change, and as other groups

12 GEORGIA BAR JOURNAL tively small. Therefore, the State Bar’s Grass Roots Program is be more purposeful about inviting legislators to our local bar designed to facilitate these constituent contacts between State association meetings, court proceedings, and other activities to Bar members and their local General Assembly member(s). help them understand the issues facing the legal profession and The first step of the ultimately the justice system. Grass Roots Program will be As the State Bar an organized Board of continues its efforts in the Governors (BOG) contact Over the years, the Bar has also 2001General Assembly and program in which BOG beyond, don’t hesitate to members from around the been effective in defeating bills that contact your legislative state will maintain contact representatives regarding with their hometown legisla- were detrimental to the practice of issues impacting the practice tors. Later, the Advisory of law. And take the time to Committee on Legislation law, including measures regarding make personal contact with (ACL) will formally add a the taxing of services, scope of your legislators to ensure component expanding that your voice will be heard participation by local bar practice, and governance of law should the time arise. associations and others to Tom Boller, Rusty Sewell, strengthen relationships practice, etc. Wanda Segars and Mark between members of the Middleton are the State Bar’s local bar and members of the General Assembly. legislative representatives. They can be reached at (404) 872- When fully implemented, the program will provide a 2373, via fax at (404) 872-7113 or e-mail [email protected]. means to mobilize the entire bar when critical issues arise Also the Bar’s legislative agenda can be found online at through individual contact between Bar members and their www.gabar.org/legislat.htm. To aid you in establishing contact local legislators. with your legislator, a list appears on the next page. In the meantime, it is important for each and every member of the State Bar to participate in the legislative effort by developing a relationship with their local legislator. We must

pickup 10/98 pg 81 www.gabar.org

DECEMBER 2000 13 Grass Roots Contact List

State House Seat 1 State House Seat 11 State House Seat 21 State House Seat 31 State House Seat 40 Brian Joyce (R) Barbara Massey Reece (D) James Mills (R) Sharon Cooper (R) Don Parsons (R) 762 Paynes Chapel Rd. 693 Massey Road 3948 Kilgore Falls Road 4028 Rver Ridge Chase 3167 Sycamore Lane Lookout Mountain, GA 30750 Menlo, GA 30731 Gainesville, GA 30507 Marietta, GA 30067 Marietta, GA 30066 706-820-1024 706-862-2657 770-967-6801 770-951-2841 770-565-7206 Computer Consultant 1-888-385-6656 Businessman 770-952-7681 770-977-4426 State House Seat 2 Retired Teacher State House Seat 22 Medical Administrator/ Businessman/ Mike Snow (D) State House Seat 12 Mary Jeanette Jamieson (D) RN, MSN Telecommunications 320 Snow Drive Paul Smith (D) P.O. Box 852 State House Seat 32 State House Seat 41 Chickamauga, GA 30707 P.O. Box 486 Toccoa, GA 30577 Judith Manning (R) Mark Burkhalter (R) 706-375-6641 Rome, GA 30162-0486 706-886-1168 830 Whitlock Avenue 9650 Ventana Way, Suite 201 706-375-2172 706-232-1997 706-886-6889 Marietta, GA 30064 Alpharetta, GA 30022 Businessman Retired-UGA Accountant 770-422-2890 770-418-9098 State House Seat 3 State House Seat 13 State House Seat 23 770-422-0408 Real Estate Ronald L. Forster (R) E.M. “Buddy” Childers (D) Alan Powell (D) Commercial Real Estate State House Seat 42 14 Hillcrest Court 28 Surrey Trail P.O. Box 248 State House Seat 33 Thomas Campbell (R) Ringgold, GA 30736 Rome, GA 30161 Hartwell, GA 30643 Don Edwin Wix (D) 1088 Canton Street 706-937-4304 706-291-8203 706-376-4422 4630 Glore Road Roswell, GA 30075 706-937-6199 Bell South Repairman 706-376-4422 Mableton, GA 30126 770-640-6243 Regional Manager State House Seat 14 Businessman/Consultant 770-948-4542 Attorney State House Seat 4 Walter Jeffrey Lewis (R) State House Seat 24 770-948-3278 State House Seat 43 Allen Hammontree (R) PO Box 480 Ralph Hudgens (R) Don Wix Realty/Real Estate Joe Wilkinson (R) PO Box 266 White, GA 30184 6509 Highway 106 South State House Seat 34 850 Old Creek Trail Cohutta, GA 30710 770-382-4411 Hull, GA 30646 John Wiles (R) Atlanta, GA 30328 706-278-0464 Advertising 706-354-4934 1850 Parkway Place 404-843-8630 Attorney State House Seat 15 Investor Suite 800 Corporate Executive, Prog. State House Seat 5 Garland Pinholster (R) State House Seat 25 Marietta, GA 30067 State House Seat 44 Harold Mann (R) 1770 Flat Bottom Road Pat Bell (D) 770-425-2490 Wendell Willard (R) 1752 North Boyd Drive Ball Ground, GA 30107 324 Martin Street Attorney 755 River Gate Drive Rocky Face, GA 30740 770-735-3928 Jefferson, GA 30549 State House Seat 35 Atlanta, GA 30350 706-226-1885 Retired 706-367-1199 Terry Johnson (D) 770-481-7100 706-673-6084 State House Seat 16 706-367-8067 570 Shay Drive 770-392-0676 Insurance Steve Stancil (R) Retired-UGA Extension A Marietta, GA 30060 Attorney State House Seat 6 330 Lori Lane State House Seat 26 770-436-4193 State House Seat 45 Judy Poag (D) Canton, GA 30114 Glenn Richardson (R) 770-432-7028 Robert Irvin (R) P.O. Box 441 770-345-0194 281 Valleyside Drive Real Estate Broker 3200 Windy Hill Road Eaton, GA 30724 770-926-4482 Dallas, GA 30157 State House Seat 36 Suite 900 West 706-695-3043 Real Estate Appraiser 770-445-2221 Earl Ehrhart (R) Atlanta, GA 30339 Retired State House Seat 17 770-445-4438 5500 Wright Road 678-419-5157 State House Seat 7 Charles Scheid (R) Lawyer Powder Springs, GA 30127 Mgmt Consultant Amos Amerson (R) 496 Neese Road State House Seat 27 770-943-8568 State House Seat 46 689 N. Chestatee Street Woodstock, GA 30188 Bill Cummings (D) 770-437-7536 Kathy Ashe (R) Dahlonega, GA 30533 770-516-8179 735 Morgan Valley Road Businessman 82 Westminster Drive NE 706-864-6589 770-928-0092 Rockmart, GA 30153 State House Seat 37 Atlanta, GA 30309 State House Seat 8 Business Management 770-684-3747 Mitchell Kaye (R) 404-892-6406 Ralph Twiggs (D) State House Seat 18 Retired Educator 2137 Spindrift Court Community Volunteer P.O. Box 432 Thomas Murphy (D) State House Seat 28 Marietta, GA 30062 State House Seat 47 Hiawassee, GA 30546-0432 P.O. Drawer 1140 Tom Knox (R) 770-998-2399 Jim Martin (D) 706-896-2574 Bremen, GA 30110 5503 Williams Shores Drive Financial Appraiser 44 Broad St, NE, Ste. 500 Pharmacist 770-537-5201 Cumming, GA 30041 State House Seat 38 Atlanta, GA 30303 State House Seat 9 Attorney 770-887-0400 Roger Hines (R) 404-522-0400 Ben Bridges (R) State House Seat 19 Attorney/Businessman 2264 Lakewood Drive Lawyer 100 Sang Road Clint Smith (R) State House Seat 29 Kennesaw, GA 30152 State House Seat 48 Cleveland, GA 30528 1371 New Bethel Church Road Randy J. Sauder (D) 770-528-6510 Douglas C. Dean (D) 706-865-1962 Dawsonville, GA 30534 Attorney 770-427-2674 346 Arthur Street, SW Retired Capt. State Patrol 706-265-3000 Ginger Collins (I) Teacher Atlanta, GA 30310 State House Seat 10 706-265-1784 RUN-OFF State House Seat 39 404-525-0489 Tom Shanahan (D) Staffing Services State House Seat 30 Robert Franklin (R) 404-522-8900 P.O. Box 1298 State House Seat 20 Rich Golick (R) 4552 Cedar Knoll Drive Pres. Summerhill Calhoun, GA 30703-1298 Carl Rogers (D) 2372 Simpson Farm Way Marietta, GA 30066 Neighborhood 706-629-4646 P.O. Box 1058 Smyrna, GA 30080 770-928-0896 State House Seat 49 706-629-1935 Gainesville, GA 30503 770-319-7200 770-591-6240 Pamela Stanley (D) Attorney 770-532-9484 Attorney Businessman 706 Foundry Street, NW 770-536-0161 Atlanta, GA 30314 Insurance 404-577-8455 Consultant

14 GEORGIA BAR JOURNAL House of Representatives

State House Seat 50 State House Seat 59 State House Seat 69 State House Seat 78 State House Seat 88 LaNett Stanley-Turner (D) Fran Millar (R) Barbara Mobley (D) Mary Squires (D) Louise McBee (D) 712 Gary Road, NW 5249 Brooke Farm Drive P.O. Box 371442 6381 E. Windsor Lane 145 Pine Valley Place Atlanta, GA 30318-6216 Dunwoody, GA 30338 Decatur, GA 30037-1442 Norcross, GA 30093 Athens, GA 30606 404-656-5024 770-396-3096 404-289-5121 770-938-9667 404-548-5343 404-794-8357 404-504-8116 404-296-5766 Paralegal Retired-VP Academic Legislator Insurance Agent Attorney State House Seat 79 Affairs UGA State House Seat 51 State House Seat 60 State House Seat 70 Tom Rice (R) State House Seat 89 J. E. “Billy” McKinney (D) J. Max Davis (R) Stanley Watson (D) 6100 Lackland Court Keith Heard (D) 765 Shorter Terrace NW 1177 W. Nancy Creek Drive, NE 2512 Charleston Terrace Norcross, GA 30092 3100 Atlanta Highway Atlanta, GA 30318 Atlanta, GA 30319 Decatur, GA 30034 770-447-9646 Athens, GA 30606 404-691-8810 404-252-5487 404-288-7767 770-447-1438 706-353-1772 Public Affairs Consultant 770-395-7650 Georgia Baptist Health Partner - The Quality Group 706-548-7143 State House Seat 52 Attorney Care Administrator State House Seat 80 Insurance Kasim Reed (D) State House Seat 61 State House Seat 71 Brooks P. Coleman, Jr. (R) State House Seat 90 1755 Loch Lomond Trail Doug Teper (D) Ron Sailor, Jr. (D) 3919 Hillside Drive Tom McCall (D) Atlanta, GA 30331 1145 Zonolite Road, #12 119 Woodcrest Walk Duluth, GA 30096 2835 Washington Highway 404-346-7548 Atlanta, GA 30306 Lithonia, GA 30058 770-476-4471 Elberton, GA 30635 Attorney 404-347-9242 770-963-8447 Teacher-Mercer; 706-283-5436 State House Seat 53 CEO, Atlanta 770-323-9976 Motivational Speaker Farmer Bob Holmes (D) International Consulting Pastor/Media State House Seat 81 State House Seat 91 2421 Poole Road, SW State House Seat 62 State House Seat 72 Gene Callaway (R) Bob Smith (R) Atlanta, GA 30311 Sally Roettger Harrell (D) George Maddox (D) PO Box 726 PO Box 108 404-755-9528 2792 Overlook Drive 2503 Jenay Court Lilburn, GA 30048 Watkinsville, GA 30677 404-880-8089 Atlanta, GA 30345 Decatur, GA 30037 770-931-8791 706-769-7470 Dir. Southern Center for 404-315-0276 404-656-0188 Wholesale Mfg. 706-769-8794 Studies in Public Policy Social Worker 404-243-1733 State House Seat 82 Businessman State House Seat 54 State House Seat 63 Life Insurance Agent Michael Coan (R) State House Seat 92 Tyrone Brooks (D) Paul Jennings (R) State House Seat 73 1602 Brasleton Highway James S. “Jim” Stokes (D) 18 Mitchell Street, Suite 511 1843 Castleway Lane Henrietta E. Turnquest (D) Lawrenceville, GA 30243 1194 Monticello Street Atlanta, GA 30334 Atlanta, GA 30345-4015 P.O. Box 372489 404-963-2456 Covington, GA 30014 404-753-3361 404-321-3158 Decatur, GA 30037 Businessman/Consultant 770-787-9501 404-524-5531 Retired Banker 404-243-3045 State House Seat 83 770-786-0868 Civil Rights Worker/Pres. State House Seat 64 Executive Director, Women of Jeffrey L. “Jeff” Williams (R) Attorney T. Brooks & Associates Arnold Ragas (D) Color Public Policy Institute PO Box 454 State House Seat 93 State House Seat 55 P.O. Box 870911 State House Seat 74 Snellville, GA 30078 Valencia Seay (D) Joe Heckstall (D) Stone Mountain, GA 30087 Barbara Jean Bunn (R) 770-978-8255 5240 Joan of Arc Place 2713 Briarwood Blvd 770-465-6688 2635 Stanton Road Consultant College Park, GA 30349 East Point, GA 30344 Attorney Conyers, GA 30094 State House Seat 84 404-842-5032 404-656-0220 State House Seat 65 770-483-3406 Renee S. Unterman (R) 770-909-9912 404-344-2062 Michele Henson (D) Retired Educator PO Box 1685 Bank Officer Motivational Speaker/Pres. The 4140 Creek Stone Court State House Seat 75 Loganville, GA 30052 State House Seat 94 Power Filled Thinking Group Stone Mountain, GA 30083 Randal Mangham (D) 770-466-1507 Ron Dodson (D) State House Seat 56 404-296-1442 7273 Wood Hollow Way Homemaker 1283 Trahlyta Terrace Nan Orrock (D) Owner, Custom Picture Framing Conyers, GA 30012 State House Seat 85 Lake City, GA 30260 1070 Delaware Ave., SE State House Seat 66 404-525-0100 Bobby Reese (R) 404-366-2324 Atlanta, GA 30316 Karla Drenner (D) 770-498-2177 5380 Windswept Trace General Contractor 404-622-6687 218 Ivy Glen Circle Attorney Sugar Hill, GA 30518 State House Seat 95 Pres., Women Legislators Lobby Avondale Estates, GA 30002 State House Seat 76 770-932-6707 Gail M. Buckner (D) State House Seat 57 770-448-4348 Scott Dix (R) 770-945-6569 7324 Cardif Place Georganna Sinkfield (D) 404-508-4127 P.O. Box 2083 Real Estate Agent Jonesboro, GA 30236 State Capitol - Room 416 Environmental, Health Stone Mountain, GA 30048 State House Seat 86 770-473-9039 Atlanta, GA 30334 State House Seat 67 770-978-2675 Warren Massey (R) Communications Marketing 404-622-1515 Stephanie Stuckey (D) 770-925-0111 16 Sims Road State House Seat 96 Real Estate Sales 1817 Dyson Drive Attorney Winder, GA 30680 Darryl Jordan (D) State House Seat 58 Decatur, GA 30030 State House Seat 77 770-307-2020 316 Herring Way Sharon Beasley Teague (D) 404-377-7014 Charles Bannister (R) General Contractor Riverdale, GA 30274 P.O. Box 488 404-377-0485 312 Emily Drive State House Seat 87 770-471-3370 Red Oak, GA 30272 Attorney Lilburn, GA 30047 Len Walker (R) Classroom Educator 404-656-0188 State House Seat 68 770-921-0884 2972 Lake Edmond Road State House Seat 97 770-994-2977 JoAnn McClinton (D) 770-534-1574 Loganville, GA 30052 Mike Barnes (D) Machinist 132 East Lake Drive, SE Insurance Agent/RE Broker 770-466-3421 11530 New Hope Road Atlanta, GA 30317 770-448-4142 Hampton, GA 30228 404-377-5101 Minister 770-471-4722 Businesswoman 770-473-9100 Business Owner

DECEMBER 2000 15 State House Seat 98 State House Seat 109 State House Seat 119 State House Seat 129 State House Seat 139 Bill Hembree (R) John R. Lunsford (R) George L. DeLoach (R) Robert Crawford (R) Pam Bohannon (R) 8826 Elma Street 850 Huret Drive 2546 Georgia Highway 88 P.O. Box 1070 107 Cortez Lane Douglasville, GA 30134 McDonough, GA 30252 Hephzibah, GA 30815 Zebulon, GA 30295-1070 Warner Robins, GA 31088 770-942-1656 770-898-0607 706-592-6040 770-884-5764 912-953-2906 Legislator 770-914-6796 706-592-5000 770-567-5300 RN - Consultant State House Seat 99 Managing Partner Funeral Director Attorney State House Seat 140 Bob Snelling (R) State House Seat 110 State House Seat 120 State House Seat 130 Lynmore James (D) 9733 Cobble Creek Drice Curtis S. Jenkins (D) Sistie G. “Sistie” Hudson (D) Jeff Brown (R) P.O. Box 601 Douglasville, GA 30135 P.O. Box 634 P.O. Box 58 2010 Foxcroft Drive 108 E. Railroad Street 404-656-0265 Forsyth, GA 31029 Sparta, GA 31087 LaGrange, GA 30240 Montezuma, GA 31063 770-942-1328 912-994-3488 706-444-7247 706-882-7610 912-472-5064 Pilot 912-994-4257 Businesswoman/Consultant 706-884-3232 912-472-6391 State House Seat 100 Attorney State House Seat 121 Owner Human Resources Firm Farmer Tracy Stallings (D) State House Seat 111 Jimmy Lord (D) State House Seat 131 State House Seat 141 406 Bradley Street R. M. “Mickey” Channell (D) P.O. Box 254 Carl Von Epps (D) Larry Walker (D) Carrollton, GA 30117 2811 Highway 15 South Sandersville, GA 31082 518 Colquitt Street P.O. Box 1234 770-836-9030 Greensboro, GA 30642 478-552-5937 LaGrange, GA 30241 Perry, GA 31069 Printing & PR Consultant 706-453-2145 478-552-9910 706-884-6768 912-987-1415 State House Seat 101 706-453-1230 Businessman 706-884-1680 Attorney Jack West (D) Businessman State House Seat 122 Retail Sales State House Seat 142 500 Lake Clyde Road State House Seat 112 Bobby Eugene Parham (D) State House Seat 132 Terry L. Coleman (D) Bowdon, GA 30108 William S. “Bill” Jackson (R) P.O. Box 606 Danae Roberts (R) P.O. Box 157 770-258-3385 2863 Dozier Road Milledgeville, GA 31061 1900 Coventry Drive Eastman, GA 31023-0157 770-258-7239 Appling, GA 30802 912-452-5152 Columbus, GA 31904 912-374-4878 Funeral Director 706-541-2307 912-453-3882 706-327-6809 912-374-5594 State House Seat 102 706-863-4484 Pharmacist State House Seat 133 Business Insurance Vance Smith (R) Self Employed State House Seat 123 Carolyn F. Hugley (D) State House Seat 143 P.O. Box 171 State House Seat 113 Kenneth W. Birdsong (D) P.O. Box 6342 DuBose Porter (D) Pine Mountain, GA 31822 Ben Harbin (R) Route 1, Box 1360 Columbus, GA 31917-6342 P.O. Drawer B, CSS 706-663-4785 P.O. Box 211959 Gordon, GA 31031 706-685-8065 Dublin, GA 31040 770-663-4462 4468 Columbia Road 912-986-3581 706-687-4327 912-272-5522 Construction/Earthmoving Martinez, GA 30917-1959 912-746-3934 Insurance Agent Attorney/Editor State House Seat 103 706-650-8268 Truck Crop Farmer-Semi Retired State House Seat 134 State House Seat 144 Lynn Smith (R) 706-869-1953 or 706-855-6700 State House Seat 124 Maretta Mitchell Taylor (D) Larry J. “Butch” Parrish (D) Eight Evergreen Drive Businessman David L. Lucas (D) 1203 Bunker Hill Road 224 W. Main Street Newnan, GA 30263 State House Seat 114 2594 Saratoga Drive Columbus, GA 31907 Swainsboro, GA 30401 770-253-9427 Sue Burmeister (R) Macon, GA 31211 706-687-8105 912-237-7032 Co-Owner Murray Printing Co. 2929 Faxhall Circle 912-742-2387 Retired Educator; Legislator Pharmacist State House Seat 104 Augusta, GA 30907 912-471-8557 State House Seat 135 State House Seat 145 Lynn A. Westmoreland (R) 706-863-3439 Self-Employed Thomas B. Buck (D) Craig W. Lanier (R) 25 Brett’s Bend Community Volunteer State House Seat 125 P.O. Box 196 Route 2, Box 59-A Sharpsburg, GA 30277 State House Seat 115 David B. Graves (R) Columbus, GA 31902 Metter, GA 30439 770-252-0851 Jack Connell (D) PO Box 6475 706-324-2716 912-685-2101 770-251-5397 328 10th Street Macon, GA 31208 706-323-5646 912-685-4491 Builder Augusta, GA 30901 912-477-2171 Attorney Cotton Gin Manager State House Seat 105 706-736-2623 912-745-1621 State House Seat 136 State House Seat 146 Kathy Cox (R) 706-823-7011 Pharmacist Calvin Smyre (D) Bob Lane (D) 104 Jasmine Path Management & Development State House Seat 126 P.O. Box 181 205 Aldred Avenue Peachtree City, GA 30269 State House Seat 116 Robert A.B. Reichert (D) Columbus, GA 31902 Statesboro, GA 30458 770-631-3840 Alberta J. Anderson (D) 675 Walton Way 706-563-1794 912-764-6813 Teacher PO Box 886 Macon, GA 31204 706-649-2243 Farmer State House Seat 106 Waynesboro, GA 30830 912-477-5808 Banker State House Seat 147 John Phillip Yates (R) 404-656-7859 912-743-8651 State House Seat 137 Ann R. Purcell (D) 961 Birdie Road Public Relations Attorney Jimmy Skipper (D) P.O. Box 1295 Griffin, GA 30223 State House Seat 117 State House Seat 127 P.O. Box 488 Rincon, GA 31326 770-412-7166 Ben Allen (D) Nikki T. Randall (D) Americus, GA 31709 912-826-5465 Retired-Distributing Center Mgr. 1124 Laney-Walker Blvd. P.O. Box 121 912-924-7398 Office Manager State House Seat 107 Augusta, GA 30901-2837 Macon, GA 31202 912-924-9316 State House Seat 148 Bill Sanders (R) 706-724-7023 912-750-8065 Attorney Lester Jackson (D) 2735 S. Walkers Mill Road Attorney Public Relations State House Seat 138 2612 Whatley Avenue, Apt. #10 Griffin, GA 30224 State House Seat 118 State House Seat 128 Johnny W. Floyd (D) Savannah, GA 31404 770-229-4225 Henry L. Howard (D) Robert Ray (D) P.O. Box 5260 912-352-8355 770-228-9019 2514 Pate Avenue 261 Ray Road Cordele, GA 31010 912-233-7970 Retired Mgr. Augusta, GA 30906 Fort Valley, GA 31030 912-273-1760 Dentist State House Seat 108 706-793-8244 912-825-8739 912-276-0426 State House Seat 149 J. Steven Cash (R) 706-722-1123 912-825-7202 Businessman Dorothy B. Pelote (D) PO Box 808 Business Farmer 910 Carroll Street McDonough, GA 30253 Savannah, GA 31415 404-865-7684 912-232-4659 Builder & Developer Retired Educator

16 GEORGIA BAR JOURNAL State House Seat 150 State House Seat 160 State House Seat 170 State House Seat 175 State House Seat 179 Ron Stephens (R) Hugh D. Broome (D) Roger C. Byrd (D) Charlie Smith (D) Wallace Sholar (D) PO Box 7709 Route 2, Box 42 HI P.O. Box 756 P.O Drawer 766 PO Box 868 Garden City, GA 31408-7709 Donalsonville, GA 31745 Hazlehurst, GA 31539 St. Marys, GA 31558 Cairo, GA 31728 912-964-0061 912-861-3593 912-375-7938 912-882-4152 912-377-3944 912-966-5665 Retired 912-375-0092 912-882-3900 912-377-6200 Pharmacist State House Seat 161 Human Resources Consultant Attorney Semi Retired Retail Grocer State House Seat 151 Winfred Dukes (D) State House Seat 171 State House Seat 176 State House Seat 180 Tom Bordeaux (D) 503 A Whitney Avenue Hinson Mosley (D) Jay Shaw (D) John D. Bulloch, Jr. (R) 126 East Liberty Street Albany, GA 31701 1901 Old Screven Road 410 Chestnut Avenue 3554 Bulloch Road Savannah, GA 31401 912-623-5875 Jesup, GA 31545 Lakeland, GA 31635 Ochlocknee, GA 31773 912-355-8218 912-623-2841 912-427-6133 912-482-3517 912-683-3749 912-233-7180 Contractor/Realtor Retired 912-482-3505 912-683-3420 Lawyer Farmer/Businessman Farmer State House Seat 162 State House Seat 172 State House Seat 152 Lawrence R. Roberts (D) Incumbent: Buddy DeLoach (R) State House Seat 177 Anne Mueller (R) 1117 East Clark Avenue Ron Borders (D) Last updated11/14/00 State House Seat 173 13013 Hermitage Road Albany, GA 31705 1718 Williams Street List furnished by Eugene Tillman (D) Savannah, GA 31419 912-432-9510 Valdosta, GA 31602 Secretary of the House 1910 Kay Avenue 912-925-2219 912-432-6294 912-247-5888 Brunswick, GA 31520 Homemaker Convenience Store Owner 912-259-0604 912-265-8393 Realtor State House Seat 153 State House Seat 163 912-264-1383 C. Burke Day (R) Doug Everett (R) Minister State House Seat 178 P.O. Box 2627 2607 West Doublegate Drive Ellis Black (D) State House Seat 174 Tybee Island, GA 31328 Albany, GA 31707 5900 Jumping Gully Road Jerry Keen (R) 912-786-4252 912-883-2207 Valdosta, GA 31601 798 Mallory Street #48 912-786-5272 912-883-6660 912-559-770 St. Simons Island, GA Self Employed Real Estate 912-559-7546 31522 Businessman; Author Farmer State House Seat 164 912-634-1645 State House Seat 154 A. Richard Royal (D) 912-638-2615 Terry E. Barnard (R) 628 Pebble City Road Insurance/Investment Broker Route 3, Box 5240 Camilla, GA 31730 Glennville, GA 30427 912-336-7339 912-654-1048 912-336-7974 912-654-3411 Petroleum Distributor Banker State House Seat 165 State House Seat 155 Austin Scott (R) Greg Morris (D) 109 Carolina Drive Dan turner PO Box 1749 Tifton, GA 31794 Vidalia, GA 30475 912-386-5128 912-537-2880 Life Insurance Sales/ Builders pickup Businessman Cattle Farmer State House Seat 156 State House Seat 166 Newt Hudson (D) Penny Houston (D) 10/00 p57 Route 1, Box 29-A 1115 Ray City Road Rochelle, GA 31079 Nashville, GA 31639 912-365-2387 912-686-2467 Business; Farmer 912-686-7454 hlm con- State House Seat 157 Public Relations Ray Holland (D) State House Seat 167 P.O. Box 824 Chuck Sims (D) sultants Ashburn, GA 31714 P.O. Box 517 912-567-3535 Douglas, GA 31543 912-567-9090 912-384-7138 Attorney 912-384-1234 Pickup State House Seat 158 Funeral Director Gerald E. Greene (D) State House Seat 168 Route 3, Box 316 Mike Boggs (D) 10/00 Cuthbert, GA 31740 824 St. Marys Drive 912-732-2750 Waycross, GA 31501 Teacher; Greenhouse/Nursery 912-338-0350 912-284-1211 page 40 State House Seat 159 Robert Hanner (D) Attorney 9610 Plains Highway State House Seat 169 Parrott, GA 31777-9505 Tommy Smith (D) 912-623-5875 Route 1 912-623-2841 Alma, GA 31510 Estate & Business Planner 912-632-0001 912-632-0000 Farmer

DECEMBER 2000 17 Grass Roots Contact List

District 1 District 12 District 23 District 34 District 38 Eric Johnson (R) Michael S. Meyer von Don Cheeks (D) Greg K. Hecht (D) Horacena Tate (D) 22 Marsh Point Dr. Bremen (D) 716 Westminster Court 7193 Jonesboro Rd. 201 Ashby St. NW Savannah, GA 31406 2008 Devon Dr. Augusta, GA 30909 Morrow, GA 30260 Atlanta, GA 30314-3422 912/ 354-4626 Albany, GA 31707 706/ 736-1397 770/ 961-9500 404/ 577-5609 Architect 912/ 435-1470 Business Investor Attorney Training/Consultant District 2 Attorney District 24 District 35 District 39 Regina Thomas (D) District 13 B. Joseph “Joey” Brush, Jr. (R) Donzella J. James (D) Vincent D. Fort (D) 1406 E. 35th St. Rooney L. Bowen (D) 6218 Columbia Rd. 3800 Pitman Rd. 2361 Wilson Dr., SW Savannah, GA 31404-2918 PO Box 1238 Appling, GA 30802 College Park, GA 30349 Atlanta, GA 30311 912/ 231-0600 Cordele, GA 31010 706/ 860-3952 404/ 349-3379 404/ 753-3163 Tax Assoc./Homemaker 912/ 273-4531 Construction/Real Estate Retired Fed. Govt. Worker Teacher District 3 Auto Dealer/ Farmer District 25 District 36 District 40 Rene D. Kemp (D) District 14 Faye Smith (D) David Scott (D) Rusty Paul (R) PO Box 497 George Hooks (D) 283 Stembridge Rd. 162 Hurt St. NE 220 Drummen Ct., NE Hinesville, GA 31310 PO Box 928 Milledgeville, GA 31061 Atlanta, GA 30307 Atlanta, GA 30328 912/ 876-5125 Americus, GA 31709 912/ 445-1385 404/ 656-0090 770/594-0999 Attorney 912/ 924-2924 Retired Educator/State Senator Pres., Dayn-Mark Advertising Marketing Exec. District 4 Insurance District 26 District 37 District 41 Jack Hill (D) District 15 Robert Brown (D) J. Phillip (Phil) Gingrey (R) Bart Ladd (R) PO Box 486 Ed Harbison (D) PO Box 5742 632 N. St. Mary’s Ln. 5218 Fontainebleau Ct. Reidsville, GA 30453 PO Box 1292 Macon, GA 31208 Marietta, GA 30064 Doraville, GA 30360 912/ 557-4802 Columbus, GA 31902 912/ 750-0220 770/ 427-8966 770/ 394-2869 Grocer 706/ 687-3899 Businessman Physician Pilot District 5 Businessman District 27 Joe Burton (R) District 16 Susan W. Cable (R) 2598 Woodwardia Rd. NE Seth Harp (R) 3375 Vista Cir. Atlanta, GA 30345-3511 8000 Midland Rd. #12 Macon, GA 31204 404/ 636-3500 Columbus, GA 31820 912/ 474-2445 Retired Attorney Community Volunteer District 6 District 17 District 28 Tommie Williams (R) Mike Crotts (R) Mitch Seabaugh (R) 148 Williams Ave. 3295 Ebenezer Rd. PO Box 504 Lyons, GA 30436 Conyers, GA 30094 Sharpsburg, GA 30277 912/ 526-7444 770/ 483-4000 770/ 304-0652 Businessman Com Realtor/Insurance CPA District 7 District 18 District 29 Peg Blitch (D) Sonny Perdue (R) Daniel W. Lee, Sr. (D) PO Box 335 PO Box 698 109 Chinaberry Ln. Homerville, GA 31634 Bonaire, GA 31005 LaGrange, GA 30240 Health 912/ 487-2280 912/ 922-9065 706/ 812-1224 Legislator Agri-Business Attorney District 8 District 19 District 30 Care Tim Golden (D) Van Streat, Sr. (D) Bill Hamrick (R) 110 Beacon Hill 927 Lucy Moore Rd. 402 Newnan St. Valdosta, GA 31602 Nicholls, GA 31554 Carrollton, GA 30117 912/ 241-7732 912/ 345-2167 770/ 834-4770 Auditors Printing Co. Exec. Businessman Attorney District 9 District 20 District 31 Don Balfour (R) Hugh Gillis, Sr. (D) Nathan Dean (D) pickup 2312 Waterscape Tr. 302 Louisiana Ave. W. PO Box 606 Snellville, GA 30078 Soperton, GA 30457 Rockmart, GA 30153 770/ 729-5764 912/ 529-3212 770/ 684-7851 10/00 Businessman Timber & Farming Insurance District 10 District 21 District 32 Nadine Thomas (D) Robert Lamutt (R) Charlie Tanksley (R) 3679 Talonega Tr. 4667 Jefferson Township Pl. 166 Anderson St. p41 Ellenwood, GA 30294-1154 Marietta, GA 30066 Marietta, GA 30060 404/ 616-5094 770/ 552-4240 770/ 424-1500 Registered Nurse Property Mgmt & Investments Attorney District 11 District 22 District 33 Harold J. Ragan (D) Charles W. Walker (D) Steve Thompson (D) 1296 Crine Blvd. NW PO Box 1282 5264 Seamus Way Cairo, GA 31728 Augusta, GA 30903-1282 Powder Springs, GA 30127 912/ 377-2593 706/ 722-4222 770/ 427-2600 Retired Vo-Ag Teacher Businessman Advertising/Finance

18 GEORGIA BAR JOURNAL Georgia Senate

District 42 District 45 District 48 District 51 District 54 Mike Polak (D) A. C. (Bob) Guhl (R) Billy Ray (R) Bill Stephens (R) Don R. Thomas (R) 446 Candler St. NE PO Box 424 1120 Meadowsong Cir. PO Box 4400 184 Haig Mill Rd. Atlanta, GA 30307 Social Cir., GA 30025 Lawrenceville, GA 30043 Canton, GA 30114 Dalton, GA 30721 404/ 760-0921, Ext.105 770/ 464-2866 770/ 822-0900 770/ 517-5229 706/ 259-3921 Marketing Cattleman/Businessman Attorney Consultant Family Practice of Medicine District 43 District 46 District 49 District 52 District 55 Connie Stokes (D) Doug Haines (D) Casey Cagle (R) Richard O. Marable (D) Gloria S. Butler (D) PO Box 360350 387 W. Rutherford St. 4615 Hunters Ct. 76 River Lane 3813 Chalmers Ct. Decatur, GA 30036-0350 Athens, GA 30606 Gainesville, GA 30507 Rome, GA 30165 Clarkston, GA 30021 770/ 593-3999 706/546-9008 770/ 297-0607 706/ 291-6462 404/ 656-0075 Real Estate Broker Public Interest Lawyer Businessman Educator/Businessman Professional Consultant District 44 District 47 District 50 District 53 District 56 Terrell A. Starr (D) Michael Beatty (R) Carol Jackson (D) Jeff Mullis (R) Thomas E. Price (R) 541 Forest Pkwy., Suite #3 1712 Storey Lowe Rd. 1932 Town Creek Rd. 519 Cove Rd. 295 Broadmeadow Cove Forest Park, GA 30297 Jefferson, GA 30549 Cleveland, GA 30528 Chickamauga, GA 30707 Roswell, GA 30075 404/ 366-5311 706/ 367-8570 706/ 865-0316 706/375-4921 770/ 360-0444 Insurance/Real Estate Farmer Businessperson Fire Chief Physician

List furnished by Secretary of the Senate

west group p/u aug 00 pg 76 4c

DECEMBER 2000 19 LEGAL ARTICLES Obtaining Protective Orders For Relief

From Family Violence By Roger B. Handberg

20 GEORGIA BAR JOURNAL here were over 49,000 incidents of family violence in Georgia in 1999.1 Georgia provides a variety of criminal penalties for perpetrators of violence.2 Victims of family violence, however, are not limited Tto seeking relief from the criminal justice system. In 1981, the State of Georgia enacted the Family Violence Act (hereinafter the “Act”) to provide a civil remedy to victims of family violence in the form of a protective order.3 This article provides a guide to obtaining an ex parte protective order and a six month protective order under the Act and an overview of some of the practical issues that an attorney should consider before filing a petition for relief on behalf of a victim. I. Ex Parte Protective Order The Act provides a two-step process for a victim of family violence to obtain protection against a perpetrator of family violence. The first step involves obtaining a temporary protective order. To initiate an action, a victim must file a verified petition that sets forth specific facts about an act of family violence.4 On the same day the verified petition is filed, the victim may present the petition ex parte to a superior court judge.5 If the court determines that the victim has sufficiently established that family violence has occurred in the past and may occur in the future, the court may enter a temporary protective order that will expire after thirty days.6 At the same time that the temporary protective order is entered a rule nisi must be issued to establish a hearing date at which time the perpetrator of family violence will have an opportunity to respond to the victim’s allegations. The definition of “family violence” set forth in the Act has two components. One component regards the nature of the relationship between the family violence victim and the perpetrator of the violence. The second component relates to the type of crime committed against the victim. When it was first enacted in 1981, the Act only applied to violence between spouses, parents and children, stepparents and stepchildren, foster parents and foster children, and people living in the same household.7 In 1992, the Georgia Legislature expanded the Act to apply to crimes of violence committed between “persons who are parents of the same child” and “persons . . . formerly living in the same household.”8 The Act applies when the perpetrator of violence has committed a felony or one of the following offenses: battery, simple battery, assault, simple assault, stalking, criminal damage to property, unlawful restraint, criminal trespass.9 “[R]easonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention” is

DECEMBER 2000 21 This analysis, however, is inconsistent with the statutory provision regarding ex parte protective orders that requires a hearing to be held “in no case later than 30 days after the filing of the petition” and that states that “[i]f a hearing is not held within 30 days, the petition shall stand dismissed unless the parties otherwise agree.”18 Despite the Court of Appeals’ decision, the better practice would be to assume that an ex parte temporary protective order can only be effective for thirty days. For that reason, a victim should have the court or the clerk of court issue a rule nisi with a date for a second hearing on the same day that the ex parte temporary protective order is entered by the court. This second hearing should be scheduled within thirty days after the filing of the original petition. The purpose of this hearing is for the court to decide whether to issue a protective order for up to six months in duration.19 Before the date of the rule nisi hearing, the perpetrator of family violence must be served with copies of the rule nisi setting the hearing date, the verified petition, and the temporary protective order.20 If the perpetrator of family violence is not served with these papers prior to the date for the second hearing the hearing will have to be reset for another date. II. Ability To Seek A Protective excluded from the definition of family violence.”10 Order And A Divorce The Act requires that a suit be filed in the superior court In cases involving a married couple, a spouse may desire of the county where the perpetrator of family violence to seek a protective order under the Act as well as a divorce. resides.11 In 1997, the Georgia Legislature expanded the Act The remedies under the Act “are not exclusive but are to provide for jurisdiction over non-residents. Jurisdiction over additional to any other remedies provided by law.”21 In an non-residents lies either in the county where the victim unofficial opinion, the Georgia Attorney General concluded that resides or the county “where an act involving family violence a person can file a Family Violence petition and a divorce allegedly occurred.”12 Suits against residents must still be action at the same time.22 The Attorney General noted, brought in the county of the perpetrator’s residence.13 however, that the divorce action should be governed by the To obtain an ex parte protective order, a victim need Civil Practice Act and “may not be ‘piggy-backed’ into court only allege “with specific facts that probable cause exists using the special abbreviated rules under the Family Violence to establish that family violence has occurred in the past Act.”23 and may occur in the future.”14 Many victims of family violence pursue protective orders The Act provides that an ex parte temporary protec- on a pro se basis.24 In recognition of this fact, the Act tive order is effective for a maximum of thirty days after authorizes family violence shelters, social service agencies, the filing of the original petition.15 In one case, however, and court clerks to provide certain types of assistance to the Georgia Court of Appeals held that such a temporary family violence victims who are unrepresented by counsel. protective order was valid for six months after [its] Family violence shelter and social service agencies “may issuance.”16 The Court of Appeals reasoned that explain to all victims not represented by counsel the procedures for filling out and filing all forms and pleadings neces- [a]n ex parte order obtained . . . is subject to the sary for the presentation of their petition to the court.”25 provisions of OCGA § 19-13-4, and under subsection Similarly, “[t]he clerk of the court may provide forms for (c) of that portion of the Code, any order obtained petitions and pleadings to victims of family violence.”26 This under the Family Violence Act, ex parte or other- assistance is to be provided without cost to the victim and wise, remains in effect for six months, unless specifi- does not constitute the practice of law.27 cally converted into a permanent order by the court.17 A 1998 study funded by the Administrative Office of

22 GEORGIA BAR JOURNAL the Courts found that there were 48 family violence shelter tions where the perpetrator of family violence claims that or social service agencies that provided assistance in 1996 he also is a victim of family violence. In the past, some to family violence victims in pursuing their cases.28 The courts entered mutual protective orders that ordered both most common form of assistance provided is preparation of parties to refrain from harassing one another or from the petition, but some indicated that they also “appear engaging in acts of violence. This practice is no longer before the judge with the victim, conduct support groups, permitted absent a special showing.34 refer victims to appropriate resources, transport the victims An order entered by the court under the Act is effec- to court, provide necessary attorneys, and help serve the tive throughout Georgia, and every law enforcement officer petition with the sheriff’s office.”29 in Georgia must enforce the terms of the order.35 The clerk of court, however, is only required to issue a copy of the III. Six Month Order final order to the sheriff in the county where the order was entered.36 For that reason, a victim who obtains a protec- Once a victim has obtained an ex parte temporary tive order should keep a copy with her at all times, so that protective order, the second step in the process is for the she can show it to any law enforcement officer in the state victim to seek a protective order that will be effective for if it becomes necessary to have the order enforced. up to 6 months. In many respects, a hearing for a six The Georgia Supreme Court has decided only one case month protective order is similar to any other civil hearing. regarding the Act. In Schmidt v. Schmidt,37 the Georgia The victim, as initiator of the action, begins the proceeding Supreme Court held that actions pursuant to the Family by setting forth the facts that are contended to establish Violence Act must be appealed by discretionary application that family violence has occurred in the past and may and that the Court of Appeals has jurisdiction over such occur in the future. The alleged perpetrator of family appeals rather than the Georgia Supreme Court.38 The violence then has an opportunity to respond to the facts Court concluded that the “ability to seek expedited review set forth by the victim. Witnesses may be presented by and relief through the application process is warranted in either party. The standard of proof is a preponderance of cases involving family violence” and that actions under the the evidence. The victim and perpetrator of family Act are not the type of divorce or alimony cases that fall violence are often unrepresented by counsel.30 It is not within the Georgia Supreme Court’s jurisdiction.39 uncommon for the judge to take an active role during the hearing. The judge will often ask questions of both the victim and the perpetrator to determine whether family violence has occurred in the past and may occur in the future. Both the victim and alleged perpetrator of family violence are sworn in at the hearing, which means that their statements in court and answers to the court’s questions are evidence that can be considered by the court in determining whether to issue a protective order although the testimony is often taken informally. The court will usually rule on the petition at the conclusion of the hearing. If the court finds in favor of the victim it will issue the protective order on the same day as the hearing. To bring about the cessation of family violence, the court has broad discretion to tailor the relief in its protective order to the specific facts of the case at issue. The Act provides eleven specific categories of potential relief.31 In addition to directing the perpetrator of violence to cease all acts of family violence, the court may, among other things, evict a party from a shared residence, award temporary custody of minor children, and order child support.32 Any failure of a party to obey the court’s order is enforceable by an action for civil contempt.33 In the 2000 legislative session, the Georgia Legislature amended the Act to limit the discretion of courts in one respect. Family violence cases sometimes involve situa-

DECEMBER 2000 23 IV. Practical Issues To Consider shot and seriously injured by her husband although a protective order was in place and he had previously been Most cases of family violence do not present difficult found in contempt of that order.41 legal issues. It is usually clear whether there has been Kinney illustrates the unfortunate reality that civil family violence as defined in the Act and whether a protective orders and criminal prosecutions that do not person is entitled to a protective order. Nevertheless, lead to incarceration are not always sufficient to protect family violence cases are not typical cases, and there are family violence victims against further episodes of vio- several practical issues that an attorney should consider lence. Indeed, a recent study by the National Institute of before filing a petition for relief on behalf of a victim. Justice (“NIJ”) of the United States Department of Justice found that such problems are most likely to occur A. Serving the Perpetrator of Violence when the abuser has a history of violent offenses: “viola- A victim cannot obtain anything more than a thirty day tions of the protection order increase and reported effec- protective order if the perpetrator of violence is not properly tiveness decreases as the criminal record of the abuser served. In some cases, service is easy to obtain. In other become more serious.”42 Accordingly, it may be sensible cases, it is difficult. The key to minimizing any problems with in some cases to pursue criminal prosecution and a service is to be prepared before the petition is filed. For that protective order under the Act simultaneously. reason, an attorney should have the victim compile a list of The problem of family violence in Georgia is a serious every address where the perpetrator might be found. In one. Although no one set of laws can eliminate all family addition to the address, the list should include the times during violence, the Family Violence Act provides a civil remedy the day when the perpetrator might be present at each that should be considered as a supplement to the criminal particular location as well as telephone numbers for each prosecution of the perpetrator of family violence. address. All of this information should be provided to the sheriff when completing the initial form requesting service.

Roger B. Handberg is a senior assistant attorney general B. Tailoring Relief To The Needs Of The Victim with the Economic Crimes Division of the Florida Attor- Before the petition is filed, an attorney should work ney General’s Office in Tallahassee, Florida. Prior to join- with the victim to determine the types of relief that a ing that office, Handberg practiced general commercial victim should seek beyond an order directing the perpetra- litigation with King & Spalding. During that time, he as- tor of violence to refrain from further acts of family sisted victims of domestic violence in obtaining protective violence. The relief sought should be tailored to the needs orders in Fulton County Superior Court. He received his law degree from of the victim with the goal of eliminating the reoccurrence Harvard Law School in 1994. of any acts of family violence to the extent possible. One common set of problems arises when the victim and the perpetrator are parents of a minor child. If the Endnotes victim wants temporary custody of the child, the victim will have to decide whether to allow temporary visitation 1. GEORGIA BUREAU OF INVESTIGATION, 1999 SUMMARY REPORT: rights to the perpetrator. If visitation is allowed, the UNIFORM CRIME REPORTING (UCR) PROGRAM 10 (2000). 2. O.C.G.A. §§ 16-5-90 et seq. (1999 & Supp. 2000). victim’s attorney will have to ensure that the victim is not 3. Jeffrey Fagan, The Criminalization of Domestic Violence: Prom- placed in danger of another act of family violence or other ises and Limits 9 (1996) (“By 1980, 47 States had passed domes- harassment during the exchange of the child. In some tic violence legislation mandating changes in protection orders. . situations, the solution might be to drop off and pick up the . .”); see also id. at 24 (“Beginning with the passage of the Penn- sylvania Protection from Abuse Act in 1976, every State now child in a public place. In others, an intermediary might provides for protection orders in cases of domestic violence.”) have to be found that can be trusted to transport the child (citation omitted). between the parents. 4. O.C.G.A. § 19-13-3(a) & (b) (1999). 5. Id. § 19-13-3(b). 6. Id. § 19-13-3(c). But see infra notes 16-17 and accompanying text. C. Need for Coordinated Efforts with Law Enforcement 7. Act of Apr. 9, 1981, No. 606, § 1, 1981 Ga. L. 880, 880-81. Unfortunately, another practical issue that an attorney 8. Act of Apr. 13, 1992, No. 985, § 3, 1992 Ga. L. 1266, 1269. must sometimes consider is whether a family violence 9. O.C.G.A. § 19-13-1 (1999). With one exception, each of the protective order is sufficient by itself to protect a victim of offenses identified in O.C.G.A. § 19-13-1(b) are specifically family violence from further violence. Kinney v. State provided for in the Georgia Code. id. § 16-5-20(a) (simple assault); id. § 16-5-21(a) (Supp. 2000) (aggravated assault); id. § presents a worst case scenario of what can happen to a 16-5-23 (simple battery); id. § 16-5-23.1 (battery); id. § 16-5- victim of family violence.40 In that case, a woman was 90(a) (stalking); id. § 16-7-21(a) (1999) (criminal trespass); id. §

24 GEORGIA BAR JOURNAL 16-7-22 (criminal damage to property in the first degree); id. § (5) Order the eviction of a party from the residence or 16-7-23 (criminal damage to property in the second degree). household and order assistance to the victim in re- The one exception is “unlawful restraint.” The Georgia Code turning to it, or order assistance in retrieving per- does not contain any crime with that name. The Code, howev- sonal property of the victim if the respondent’s evic- er, does recognize the crime of false imprisonment, which ap- tion has not been ordered; pears to include the concept of an “unlawful restraint.” Id. § (6) Order either party to make payments for the support 16-5-41(a) (“A person commits the offense of false imprison- of a minor child as required by law; ment when, in violation of the personal liberty of another, he (7) Order either party to make payments for the support arrests, confines, or detains such person without legal au- of a spouse as required by law; thority.”). (8) Provide for possession of personal property of the parties; 10. Id. § 19-13-1. (9) Order the respondent to refrain from harassing or in 11. 1981 Ga. L. 880. terfering with the victim; 12. O.C.G.A. § 19-13-2(b) (1999). See generally Margaret Ann (10) Award costs and attorney’s fees to either party; and Shannon, Note, Family Violence: Provide Jurisdiction (11) Order the respondent to receive appropriate psychiatric and Venue Over Nonresidents in Certain Circumstances; or psychological services as a further measure to Provide that it is Unlawful to Knowingly Disclose Loca- prevent the recurrence of family violence. tion of Family Violence Shelter; Provide that the State 32. Id. § 19-13-4(a)(1), (4), (5), (6). Commission on Family Violence be Assigned to the Ad- 33. Id. § 19-13-6; see generally Schmidt v. Schmidt, 270 Ga. ministrative Office of the Courts for Administrative Pur- 461, 463, 510 S.E.2d 810, 812 (1999) (reversing finding of poses Only, 14 GA. ST. U. L. REV. 151 (1997) (describing leg- contempt where the trial judge applied a civil rather than a islative history surrounding the 1997 amendment to the criminal standard of proof). Family Violence Act). 34. O.C.G.A. § 19-13-4(a) (Supp. 2000) (“The court shall not 13. O.C.G.A. § 19-13-2(a) (1999). have the authority to issue or approve mutual protective 14. Id. § 19-13-3(b) (emphasis added). orders . . . unless the respondent has filed a verified peti- 15. Id. § 19-13-3(c). tion as a counter petition pursuant to Code Section 19-13-3 16. Carroll v. State, 224 Ga. App. 543, 546-47, 481 S.E.2d 562, no later than three days, not including Saturdays, Sun- 565 (1997). days, and legal holidays, prior to the hearing and the pro- 17. Id. at 546, 481 S.E.2d at 564. visions of Code Section 19-13-3 have been satisfied.”). 18. O.C.G.A. § 19-13-3(c) (1999); see generally id. § 19-13-3(b) 35. Id. § 19-13-4(d) (“It shall be the duty of every superior court (noting that “the court may order such temporary relief ex and of every sheriff, every deputy sheriff, and every state, parte as it deems necessary to protect the petitioner or a county, or municipal minor of the household from violence”). law enforcement of- 19. Id. at § 19-13-4. ficer within this state 20. See id. § 19-13-3(b) (1999) (“If the court issues an ex parte to enforce and carry order, a copy of the order shall be immediately furnished to out the terms of any the petitioner.”). valid protective order 21. Id. § 19-13-5. issued by any court 22. 1995 Op. Ga. Att’y Gen. 144 (No. U95-7, Mar. 10, 1995). under the provisions 23. Id at 146. of th[e] . . . [Act].”); 24. For example, a 1998 study funded by the Administrative Office id. (“A protective of the Courts found that in Cobb County, Georgia that “only 80 order issued pursu- plaintiffs in the 898 cases examined had their own attorney; 66 ant to . . . [the Act] defendants had an attorney of record.” MARTHA A. GRIFFITH, ET shall apply and shall AL., DESIGN AND ISSUANCE OF FAMILY VIOLENCE PROTECTIVE OR- be effective through- DERS IN GEORGIA FROM THE PERSPECTIVE OF CLERKS OF THE SUPERI- Mitchell Kaye out this state.”). OR COURTS AND AGENCIES THAT SERVE VICTIMS 25 (1998). 36. Id. § 19-13-4(b). 25. O.C.G.A. § 19-13-3(d) (1999). 37. 270 Ga. 461, 510 26. Id. valuations ad S.E.2d 810 (1999). 27. Id. 38. Id. at 461-62, 510 28. GRIFFITH, ET AL., supra note 24, at 18. new art en- S.E.2d at 811. 29. Id. 39. Id. at 462, 510 30. Id. at 25. S.E.2d at 811. 31. O.C.G.A. § 19-13-4(a)(1)-(11) (Supp. 2000) provides the fol- closed 40. 223 Ga. App. lowing eleven categories of potential relief: 418, 477 S.E.2d (1) Direct the respondent to refrain from such acts [of bw 843 (1996). family violence]; 41. Id. at 418-19, 477 (2) Grant to a party possession of the residence or house S.E.2d at 845. hold of the parties and exclude the other party from 42. SUSAN L. KEILITZ the residence or household; ET AL., CIVIL PRO- (3) Require a party to provide a suitable alternate hous TECTION ORDERS: ing for a spouse, former spouse, or parent and the VICTIMS’ VIEWS parties’ child or children; ON EFFECTIVENESS (4) Award temporary custody of minor children and es 1 (1998). tablish temporary visitation rights;

DECEMBER 2000 25 LEGAL ARTICLE

Choice of Entity

With Emphasis on

Estate Planning

By Bradley R. Coppedge

26 GEORGIA BAR JOURNAL I. Background hoice of entity is one of the most important The tax choice requires an understanding of Subchap- decisions that can be made for a start-up ter K of the Internal Revenue Code ( the “Code”) for business or for family planning. The options are partnerships and LLCs, as well as an understanding of ever expanding: C-Corporation, S-Corporation, Subchapters C and S of the Code for corporations. In Climited liability company (“LLC”), general addition, there are other considerations in selecting an partnership, limited partnership, limited liability partnership, entity. and limited liability limited partnership. Each of these entities Two general scenarios in which choice of entity has advantages over the others, such as liability protection, issues arise are business formation and estate planning. supporting case law, and general operational concerns. Where business matters are of more primary concern Moreover, entity choice has significant tax consequences, than estate planning matters, the choice is often nar- some subtle, others not so subtle. rowed to one of the corporate forms or an LLC. To the extent there exists an operating business with employees, there may be some advantage to corporate forms of business (e.g., fringe benefits, etc.). Where the business is primarily real estate based, an LLC taxed as a partnership is most often the best choice.1 On the other hand, where estate planning is the primary concern, the choice is often quickly narrowed to a partnership or an LLC. Partnerships have traditionally been the entity of choice for estate planning (e.g., “Family Limited Partnerships”), though LLCs are gaining favor. Valuation discounts, which are discussed later in this article, are another consideration with regard to estate planning, and are not limited solely to partnerships and LLCs, but may also often be applied with either corporate entity. There is never an “absolute” answer, however, and the facts and circumstances should be considered in every new situation. This article will focus primarily on the use of partnership entities and LLCs taxed as partnerships.2

DECEMBER 2000 27 II. Entities Taxed As Partnerships owned by a general partner may be considered.) Similarly, section 4.03 of Revenue Procedure 89-12 generally A. Partnerships provides that the general partners must collectively maintain In a number of states, there are now four choices of a minimum capital account balance equal to the lesser of partnership entity. For a long time, the only options were a $500,000 or 1% of the total positive capital account bal- general partnership and a limited partnership. In a general ances of all partners, with some exceptions. partnership, all partners are “general” partners, which means Additionally, note that if a partner “transfers” an interest each partner can bind the partnership and no partner has any in a partnership, the transferee partner must succeed to the liability protection from debts of or claims against the partner- capital account balance of the transferor. A “transfer” means ship. In a limited partnership, there exist both general and a sale or exchange, however, NOT a gift. Thus, a gift of limited partners. The limited partners have limited liability, but partnership interest will not entitle the donee to succeed to a are also limited in their authority to act on behalf of the portion of the donor’s capital account balance.7 partnership or participate in partnership management. Until As a side note, with a partnership it is important to make recent years, the traditional limited partnership was often the sure there are at least two initial partners (otherwise there is vehicle of choice for estate planning. not a “partnership”). By the same token, “gifts on formation” In recent years, several states, including Georgia, are not recommended because they will not qualify for any have added two new forms of partnerships:limited liability valuation discounts8 and could raise an argument that the partnerships (“LLP”)3 and limited liability limited partner- partnership wasn’t properly formed. Ideally, in fact, one ships (“LLLP”).4 An LLP (or “double LP”) could also be should wait several months to make a gift9 . Although there is called a limited liability “general” partnership (“LLGP”), one Private Letter Ruling from 199110 appearing to sanction because each partner is a general partner, having authority formation by one partner, the IRS occasionally argues this to bind the partnership and manage the same, though each point. An alternative is to have other partners contribute very has limited liability. In an LLLP (“triple LP”) the limited nominal amounts for nominal interests. For example, in partners as well as the general partners have limited Private Letter Ruling 93-09-001, several partners contributed liability. $50 for a 0.000661 interest each. In this author’s opinion, there is almost no reason to form a new partnership as a traditional general partnership B. Limited Liability Companies or limited partnership. Through one additional step with LLCs are rapidly gaining favor as an estate planning both entities, the general partners may also be granted the tool. With the introduction of the “check-the-box” rules of shield of limited liability. This is true in an LLLP even the Small Business Job Protection Act of 199611, an LLC where the sole general partner is a closely held corpora- may elect to be disregarded, taxed as a corporation, or tion with minimal capitalization. There is simply no reason taxed as a partnership. Most often, the choice will be not to add this protection.5 made to be taxed as a partnership. Advantages to using an For family estate planning purposes, a partnership will, in LLC are that state laws are more uniform as to LLCs fact, still often be the entity of choice, in part because of than they are to the new partnership forms, and there also clients’ familiarity with it and in part because they still “work” exists a larger body of case law on LLCs than there does fine. Although it is always essential to respect the entity, on LLPs or LLLPs. To the extent not superceded by state whatever it may be, as separate and apart from its owners, law or new cases, common law of partnerships will partnerships are attractive entities because there are fewer generally apply to the new partnership forms and LLCs. formalities and less ongoing documentation required for Georgia has a very good LLC Act12 that should help to partnerships and LLCs: no stock certificates to maintain, no support valuation discounts without the interference of annual meetings, no shareholder meetings, no minutes, etc. It Chapter 14 of the Internal Revenue Code. An oversimplified is still advisable, however, to document actions through summary of Chapter 14 is that for purposes of determining partnership minutes, as well as to provide written documenta- valuation and discounts, any restrictions in the agreement or tion of transfers and partnership amendments. organization documents that are more restrictive than state In forming a family limited partnership (“FLP”)6 , it is law will be disregarded for purposes of valuation. In 1999, essential that general partners own at least a 1% interest. Georgia made a few significant amendments to its Act that Specifically, section 4.01 of Revenue Procedure 89-12 should serve to help support valuation discounts. The most generally requires that the collective interests of the general significant change now provides that an LLC will not be partners must be equal to at least 1% of the total partner- deemed terminated until the occurrence of an event resulting ship interests at all times. (There is some indication under in a “cessation of membership” with respect to the last the Revenue Procedure that limited partnership interests remaining member.13 Under prior law when any member

28 GEORGIA BAR JOURNAL lexis publishing/ stackpole new art 4c “Priceless Yes”

DECEMBER 2000 29 incurred a cessation of membership event (previously a contain both voting and non-voting units, though the effect “withdrawal event”) such as death, assignment to creditors of Chapter 14 of the Code on such an arrangement is or bankruptcy, the LLC was deemed terminated unless somewhat unclear at this point in that Georgia law does continued by the affirmative action of all remaining mem- not specifically provide for such an arrangement. bers.14 Under the old law, it was more likely that an “acci- In both a partnership and LLC, it is possible to contribute dental” termination could occur through oversight, by failure additional appreciated assets after formation without worry- of the remaining partners to take action. ing about adverse tax consequences under Section 351 of the A few words of caution about LLC operating agree- Code. Doing so is not generally advisable, however, at least ments. As with any area of law and drafting, it is easy to where estate planning is the primary concern, because where fall into the trap of using a “form” with which one is additional assets are contributed, the contributing partner has comfortable, even if you developed it. Sometimes these either increased his interest or made indirect (but taxable) forms do not keep up with changes in the law. gifts to the other partners, unless he makes corresponding Most LLC forms define ownership in terms of relative gifts of partnership interests. Rather, a new partnership capital account balances, which is acceptable probably 90% should be formed in this case. of the time. But consider the following scenario assuming ownership is defined in terms of capital account balances: III. Corporations A and B form LLC, each contributing $10,000 for a 50% interest each. LLC buys an asset for $20,000. Assume it Unless an operating family business is involved, a produces little or no income, such as raw land held for invest- partnership or LLC is generally far more widely used for ment or future development. After 10 years, the asset is worth estate planning purposes than is an S-corporation or C- $100,000. A and B now wish to admit C for a 1/3 interest corporation. One primary disadvantage of using any corpo- perhaps to help develop the land, with A and B each retaining a rate entity for family estate planning is the corporation’s 1/3 interest. (Remember, assume A and B still have capital inability to make tax free distributions of property as can be account balances of $10,000 each.) If C contributes $10,000, done with either an LLP, LLLP, or LLC. Another disadvan- then A, B, and C each will have a $10,000 capital account tage to both corporate forms is illustrated where a new balance and each will own a 1/3 interest. This results in an family member wishes to buy into the partnership. If appreci- incredibly good result for C, doesn’t it? (And a bad result for A ated property is contributed to a corporation, gain will be and B!) C has contributed $10,000 and has a 1/3 interest in a recognized unless certain “control” requirements under $100,000 asset. By the same token, if C were to contribute Section 351 of the Code are met; however, this may be done $33,333, a “bad” result is also reached. He now owns tax-free in a partnership entity.16 (This scenario may only 33,333 rarely occur, but it should be considered. It also illustrates the 53,333 (roughly 3/5) or a 62% interest. additional flexibility of a partnership type entity.) This result can probably be remedied by defining A corporation can still be an effective tool for family ownership in terms of “percentage ownership,” largely estate planning. An LLC, LLP, or LLLP will often be ignoring capital accounts for ownership purposes. So long as preferred, however, unless there is involved an operating allocations and distributions are made in accordance with business, and even then, an S-corporation may be pre- ownership interests and liquidating distributions are made first ferred over a C-corporation. in accordance with positive capital account balances, the allocations should still have “substantial economic effect,” a A. S-Corporations requirement under the Section 704 regulations.15 (Note there One tax note on S-corporations. You may find that many are several methods for allocations to have substantial clients will say they prefer an S-corporation over an LLC, economic effect under the regulations.) especially for an operating business, because they have The above is similar to how most FLPs are structured. “heard” the self-employment tax may be avoided. This is not Ownership of most FLPs is based on ownership of partnership really true. Self-employment tax must still generally be paid units. Capital accounts are referred to primarily to determine on “salary” paid to participating owners, though distributions the character of income/distributions and to control liquidating can be made without being subject to the self-employment distributions. Distributions of income are made in accordance tax. You must first pay a reasonable salary; otherwise you with ownership interests, and liquidating distributions are often run into the problem of unreasonably low compensation. In made first in accordance with positive capital account bal- this case, the IRS could reclassify some part of the distribu- ances, then in accordance with ownership interests. tions as salary, making them subject to the self-employment Another alternative is to define ownership in terms of tax (and possibly interest and penalties). units. In fact, an Operating Agreement could be drafted to

30 GEORGIA BAR JOURNAL nextel full page bw p/u oct oo pg 23

DECEMBER 2000 31 B. C-Corporations business reasons, and try to detail these reasons in letters The main advantage with a C-corporation comes where from the attorney, minutes, or otherwise.) there are a number of employees, and qualified plans and 2. At whose suggestion was the FLP created? (The MERPs (Medical Expense Reimbursement Plans) are desired. answer will often be the attorney or CPA, and such It might also be used where income is not significant, and the professional should document the business reasons corporation’s income can be “zeroed-out” through salary and for the client, and avoid correspondence that deals business expenses to avoid a corporate level tax. solely with valuation discounts.) 3 What notes were kept of the advice received? IV. Valuation Discounts 4. Of what benefits was the Donor advised? (Again, business reasons are essential.) Valuation discounts are theoretically available for any of 5. Did the Donor have a prior history of gift giving? If the above entities. Indeed, for many years a C-corporation so, provide the details. (If so, the IRS will ask why was one of the few available entities, and discounts were not continue outright gifts? Protection from creditors applied for minority interests, lack of marketability, etc.17 The is one answer.) vast majority of new cases, however, are on discounts for 6. Why could the Donor’s assets no longer be man- family partnerships (or LLCs). Discounts can range from a aged as they were before the creation of the FLP? very small percentage to as high as 60%. It appears that the (1. Failing health/mental capacity; 2. Desire to IRS is often not even challenging discounts of 25% to 30%, involve family members; 3. Other?) where the facts are not otherwise egregious, such as deathbed 7. Describe the business purpose(s) for establishing the FLP. formations followed by immediate transfers of large interests. 8. Explain why the business purpose(s) for establishing It should be remembered, however, that there should always the FLP could not be achieved equally as well through be business reasons for formation of the entity. These reasons the medium of a trust or through outright gifts of the should also be addressed with the client as groundwork for any underlying property. (1. Facilitate gifting; 2. Consoli- future IRS litigation. The business reasons for formation should be date partial interests; 3. Creditor/divorce protection; 4. stated in the partnership or LLC Operating Agreement. These Provide flexibility of business planning.) reasons can include, but are not limited to, the following: 9. If the FLP consists of marketable securities held in 1) Maintain control of and manage entity assets; brokerage accounts, explain whether the investment 2) Increase the value of entity assets; decisions are made by the general partner or by an 3) Protect entity assets from claims of creditors; investment advisor or manager who is responsible for 4) Consolidate fractional interests in assets trans- the account and whether this has changed since the ferred to the entity; creation of the FLP. (It would be helpful if you can 5) Facilitate and simplify intra-family gifting and ownership; show some involvement of all partners.) 6) Provide flexibility on business planning not available 10. Did the children’s involvement in the family through trusts or corporations. business change as a result of the FLP? If so, Note that this is just a sample of business reasons. explain how. (Hopefully, you can say it increased.) Additional reasons should be analyzed based upon the 11. Were the other partners involved or consulted in the facts and circumstances of each case. operation of the FLP? If so, explain how and when. Having valid business reasons for the formation of an 12. Were books and records kept? If so, describe them. estate planning vehicle is arguably the most important issue in one’s ability to obtain discounts. There are other issues that Documents: are often addressed by the IRS in disputes on valuation, and the IRS has come up with a “laundry list” of questions they 1.All documents relating to the creation of the partner- now ask regarding formation of entities for estate planning. A ship (including bills) from any attorney, accountant or small sampling of these questions are listed below, with the firm involved in recommending the creation of the author’s comments on several in parentheses. There is also a partnership or in drafting the partnership agreement. partial list of documents often requested. (Watch what you say; recite business reasons!) 2.Articles of incorporation of the general partner, if the Questions: general partner is a corporation. 3.Minutes of all partnership meetings; if none, indicate 1. Was the FLP created in conjunction with estate planning? the dates of all meetings and the business discussed. If so, what was it? (You don’t want to have to answer (i.e., better to document it as you go!) “Yes; to reduce estate taxes,” i.e., be able to document 4.Evidence showing how the value of each partnership

32 GEORGIA BAR JOURNAL asset was arrived at as of the date: a.) it was contrib- essential to document the business reasons for its formation. uted to the partnership; b.) of each gift of a partner- Through careful documentation, planned giving and reasonable ship interest. (i.e., valuations) discounts, one can provide an estate planning tool that both 5.For each partnership explain/provide: How the asset reduces estate taxes and will provide legitimate business benefits was used by the donor since its acquisition and how the to the younger generation for years to come. partnership has used the asset since i.e., held for rent, personal residence, investment, etc. (Watch out for excessive personal use.) Bradley R. Coppedge is an associate at the Columbus 6.For each gift or transfer of a partnership interest, provide: firm of Hatcher, Stubbs, Land, Hollis & Rothschild, a.) any assignment of partnership interest prepared having joined the firm in 1997. He received his BBA in (keep in partnership minute book!) Accounting from Mercer University in 1993, his JD b.) also need partnership amendment. from Walter F. George School of Law at Mercer Uni- 7. A statement describing the donor’s state of health at versity in 1996, and his LLM in Taxation from the the time of the formation of the partnership and for University of Miami in 1997. He is a member of the the six month period prior thereto. Georgia and Alabama bars and practices in the areas of qualified plans, As to the choice between a partnership or LLC, both estate planning, entity selection, probate and general taxation. can result in substantial valuation discounts. The extent of the discount will depend in part upon state law. In many states, a limited partnership will result in deeper discounts, Endnotes though this is not necessarily true in Georgia. Most states’ LLC acts state the death or withdrawal of a member 1. Due to the partnership provisions of the Internal Revenue terminates the LLC, unless affirmatively continued, which Code, allowing for certain contributions and distributions that are not taxable events. reduces the discount available. As discussed previously, 2. Hereafter, we will assume any reference to an LLC is to one Georgia amended its statute in 1999 to change this result. which has elected to be taxed as a partnership. It may also be appropriate to address a term limit in a 3. See O.C.G.A. §§ 14-8-62 to -63, -9-100 to -1204 (1994 and partnership agreement. Initially, term limits were written Supp. 2000). 4. See O.C.G.A. §§ 14-8-62 to -63 (Supp. 2000). into both LLC and partnership agreements prior to the 5. State law still varies somewhat as to LLPs and LLLPs. Near- “check-the-box” regulations, to make certain the entity was ly all states now provide for LLPs, and a number also now taxed as a partnership. It is still appropriate, particularly provide for LLLPs. Georgia amended its statutes in 1995 to with a partnership, to include a term limit in the Partnership allow for LLPs, see Act of Apr. 11, 1995, No. 307, § 1, 1995 Ga. Laws 470, 471; and in 1997 to allow for LLLPs, see Act Agreement itself (though not necessarily in the certificate of Apr. 29, 1997, No. 424, § 1, 1997 Ga. Laws 1380, 1380. filed with the Secretary of State), due to the fact that the 6. A “family partnership” or “family limited partnership” laws of most states contain more favorable default laws if it (“FLP”) may take any of the partnership forms discussed is a term partnership. Among these provisions is generally herein. The most common scenario, however, will be that of the right to restrict the withdrawal of a limited partner in a a limited liability limited partnership. 7. While capital accounts are an essential (and complex) ele- term partnership, resulting in increased discounts. ment of a partnership type entity, a detailed discussion of One other note on valuations. It is generally accept- this issue is beyond the scope of this article. able for an attorney or CPA to do the valuation if the 8. A discussion of valuation discounts may be found in Sec- discount is relatively conservative (maybe 20-35%) and if tion IV of this article. 9. Also, try to avoid initial large transfers of interests; other- it is a relatively small partnership (under $5,000,000). wise, it is hard to support a “business reason” for forma- Otherwise, a professional appraiser, preferably with Tax tion. The business reasons should be stated in the partner- Court experience, should be engaged. It is also important ship Operating Agreement. that any engagement letter NOT be worded to state the 10. See Priv. Ltr. Rul. 91-31-006 (Apr. 30, 1991); Priv. Ltr. Rul. 86- 11-004 (Nov. 15, 1985). appraisal is for a specific purpose, such as for gifting. 11. See Treas. Reg. § 301.7701-3 (1999). 12. See O.C.G.A. §§ 14-11-100 to -1109 (1994 & Supp. 2000). 13. See id. § 14-11-601.1 (Supp. 2000). V. Summary 14. See id. § 14-11-602(a) (1999). 15. See Treas. Reg. § 1.704-1 (1999). In summary, the analysis of the type of entity to use for an 16. See I.R.C. § 721(a) (West Supp. 2000). estate planning vehicle requires careful consideration. Though 17. Discounts are often available even for outright ownership of both C- and S-corporations have continued viability, entities taxed publicly traded stock, such as a blockage discount for large as partnerships are generally preferable in this author’s opinion. blocks of stock. See Alan F. Rothschild, Jr., The Blockage Dis- count: When More Might Mean Less, PRAC. TAX LAW. 41 In forming any entity in conjunction with estate planning, it is (Spring 1997

DECEMBER 2000 33 FEATURES

Board of Governors Meets on St. Simons

By Jennifer M. Davis Daniel concluded, “The principal Barwick, Atlanta, for another term as goal of the committee is to provide Secretary; and G. Robert Reinhardt, ne of the south’s greatest adequate free parking to Georgia Tifton, for Treasurer. college football rivalries set lawyers for CLE and other busi- The following were nominated the stage for the Board of ness.” Then Treasurer James B. for ABA Delegates: Gregory S. Governors Fall Meeting, Durham assured the Board that Smith, Washington, D.C., Post 2; and OOctober 27-29, 2000. An avid Bulldogs members would not be assessed to Paula J. Frederick, Atlanta, Post 4. fan, President George E. Mundy set construct a new parking deck. Also, the Young Lawyers the meeting at the King & Prince Daniel also discussed the status of Division nominated for officer the Resort on St. Simons to coincide with leasing the additional 140,000-sq. ft. in following: Derek J. White, Savannah, Georgia-Florida weekend. But before the building. The committee antici- for YLD President-elect; Damon E. kick-off on Saturday, there was pates leasing 40-60,000 sq. ft. to Bar- Elmore, Atlanta, for Secretary; and business to address. related entities, and hopes to have Andrew W. Jones, Marietta, for To accommodate a heavy agenda them on-site day one. The committee Treasurer. and the game day schedule, the Board of is also in negotiations with a technol- To enter the election area online, Governors divided its meeting into two ogy company to lease an entire floor. where you can find biographies for days, convening first on Friday afternoon. the various officers and other Also during the day, a number of groups Nomination of Officers candidates, go to www.gabar.org/ held meetings — State Disciplinary election/. Board, Institute of Continuing Legal For the first time, the State Bar Education , Institute of Continuing Judicial will conduct its election online in Disciplinary Rules Education. The Young Lawyers Division addition to traditional voting by mail. also held its Fall Meeting in conjunction In coordination with election.com, the Judge Edward E. Carriere Jr., with the Board. Bar in the future hopes to move to a chair of the Disciplinary Rules paperless election process with the Committee, reported on their study of Bar Center Update goal of saving a substantial amount of the confidentiality rules governing the money. Ballots were mailed on lawyer discipline process. They will During the Friday session of the December 15 and members were make a final recommendation to the Board of Governors, Past President given the option of going online with Board of Governors for its consider- Harold T. Daniel Jr. updated the group a special pass code to vote for ation at the Midyear Meeting in on the progress of the Bar Center. He officers and Board of Governors January 2001. reported on behalf of the committee representatives. The system will not This is the next step in the overseeing this important transition to allow voting online and by mail, as it process for the Disciplinary Rules the new facility in 2002. He stated the will disqualify duplicative votes. The Committee. That committee’s recent committee has commissioned a last day to vote online, or postmark work resulted in revamping the lawyer parking study to explore whether the your paper ballot, is January 15, discipline process in Georgia. The current deck needs to be expanded. 2001. Committee drafted the rules that were This study will include a review of These individuals were nominated unanimously passed by the Board of potential parking revenue, which could in uncontested races for the following Governors and ultimately adopted by be substantial given the development offices: James B. Durham, Brunswick, the Supreme Court in June 2000. The of the downtown sector. for President-elect; William D. new Georgia Model Rules of Profes- sional Conduct appear in the Direc- active members and 171 Board inclusion on the Bar’s 2001 legislative tory & Handbook, which was mailed members, the ratio reached 160:1. agenda. In addition, State Bar in early December. The rules are also The Board has struggled with this Legislative Representative Tom available on the Web site at issue for several years. One problem is Boller discussed the institution of a www.gabar.org/modrul.htm/. finding meeting space to accommodate Grass Roots Program to boost this exponential growth. Another individual lawyer’s contact with Multijurisdictional concern is that Atlanta lawyers are respective members of the General under-represented on the Board. And Assembly (see article on page 10). Practice the metro area is where 65 percent of General Counsel William P. Smith the lawyers practice in Georgia. Other Business III, who serves on the ABA’s The committee is studying various Commission on Multijurisdictional models and investigating how other Other highlights from the Board Practice (MJP), discussed that states operate their governing bodies. meeting include: group’s initial findings. It used to be For example, Florida has two-and-a- • YLD President Kendall that only lawyers in border areas half more lawyers than us, but their Butterworth reported on her group’s faced this quandary; but with the Board of Governors is 50 people, as activities, which included raising almost advent of the Internet, borders have opposed to our 142. The committee will $12,000 at a golf tournament to benefit become seamless and practicing law recommend models to the Board for Georgia’s Law-Related Education in a jurisdiction where you may not consideration in the spring. Consortium. Also, the YLD is asking be licensed is easier to do. lawyers to bring old business suits to “Time, space and technology have Unauthorized donate to the needy at the Midyear created an atmosphere where we must Meeting in January 2001 (consult the deal with this increasing problem,” Practice of Law YLD Newsletter for details). explained Smith. President Mundy is Five years ago, the Board of • Walter C. Hartridge of Savan- appointing a committee to explore the Governors recommended to the nah was re-appointed to the Judicial problem within our state. For an article Supreme Court proposed rules to Qualifications Commission. on the ABA’s work, see page 40. handle the unauthorized practice of • Rudolph N. Patterson of law (UPL). That plan was based on Macon and Harold T. Daniel Jr. of Board Reapportionment rules proposed in Ohio and Virginia, Atlanta were appointed to the which subsequently came under Commission on Continuing Lawyer Jeffrey Bramlett and Lamar attack and were never adopted. Competency. Sizemore, co-chairs of the Board of Now the Supreme Court, under the Governors Representation Committee, leadership of Justice Carol Hunstein, has Team Spirit gave a history of apportionment and a produced a plan based instead on the preview of their committee’s work. program in Florida. The Court has sent Everyone’s team spirit was When the State Bar was unified in the Bar a draft of the rules to study. elevated Friday night with a pre- 1964, the Board was formed by giving Treasurer Durham reported that game bash. The reception and each circuit one seat for every superior the Bar will implement a pilot pro- seafood buffet, followed by dancing court judge they had. In the beginning, gram in Districts 2 and 4 to test the to the beach music sounds of a live there were 4,600 active members with rules for one year. The Bar will band, were made possible by the 57 Board representatives and five employ its current UPL staff to test generosity of our corporate sponsors officers. That made the ratio of Board the program, after which the Court — ANLIR, eAttorney, Insurance members to constituents 80:1. will deem if and how to expand the Specialists, LEXIS and West Group. In 1979, the Board of Governors enforcement of UPL under the The next day, many boarded reconsidered the apportionment plan proposed plan. buses to watch the collegiate collision based on judgeships and changed it in person. Others “tailgated” at the such that a circuit would receive 2001 Legislative Agenda hotel watching Georgia vs. Florida another seat on the Board after they along with various other college teams had 500 new lawyers. By 1984, with Following a presentation by vying on the gridiron. 14,000 active members and 117 Board Advisory Committee on Legislation members, the ratio had climbed to Chair Gerald M. Edenfield, the Board 120:1. Then in 1994, with 21,000 approved a number of proposals for 1 2

1. President-elect Jimmy Franklin addresses the Board. 2. Dwight Thomas (center) and his guest, Lynn Walker, visit with Judge Fred Bishop on Friday evening. 3. Enjoying the opening reception are (l-r) LaRonda Barnes and Karlise Grier, who was newly-appointed to the Board of Governors representing the Atlanta Circuit. 4. Judge Ed Carriere discusses confidentiality in the lawyer discipline process. 5. (l-r) Long-time Board member Jim Brim talks with his good friend and Bar General Counsel Bill Smith. 6. Judge Dane Perkins makes a point at the Board meeting. 7. Supreme Court Justice George Carley (center) models the Statesboro golf shirt given to him by Board member Gerald Edenfield (left) and President-elect Jimmy Franklin. The Court recently held oral argument in their 3 hometown of Statesboro. 8. (l-r) Board member Jesus Nerio talks with Treasurer Jim Durham following the Saturday meeting. 9. Past President Hal Daniel (left) and his father, Harold Sr., visit with Board member Lynn Borsuk at the pre-game festivities. 10. (l-r) John and Sue Mobley mingle with Kate and Past President Jule Felton at the opening reception. 11. Relaxing at the pre-game bash on Friday are (l-r) Board members Leland Malchow, Henry Walker and Tom Chambers. 12. Board member Wilson DuBose, who chairs the Bar’s Indigent Defense Committee, discusses the Georgia Indigent Defense Symposium. 13. President George Mundy (right) talks with Board member Jack Tarleton at dinner Friday. 14. Robert Ingram nominates fellow Board member Rob Reinhardt for the office of Treasurer. In honor of the occasion, Ingram accessorized with a bow tie and cigar—two of 4 Reinhardt’s trademarks.

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DECEMBER 2000 37 FEATURES

LOOKING THROUGH THE HALF-FULL GLASS: Filling Non-legal Needs While Preserving The Dignity Of Indigent Clients

By Robyn E. Ice needs. To survive, we learn to break down the problems into separate components and identify the resources that MANY OF US WHO GREW UP IN THE 1950S may fill the specific needs. Listed in the table at the end of AND ‘60s view the legal system as a weapon to effect this article is information about the programs with which I social change without sacrificing the dignity of the human am most familiar. For a complete list, see beings whose lives and rights are in question. Entering law www.unitedwayatl.org/211 or call United Way at 211. school later in life than most, I knew that the financial Candor demands that I not only admit but also stress constraints attendant to parenthood would prevent me that I have not succeeded in improving the lives of all of from choosing a full-time career in public service law. I the clients I have represented. Sometimes, even after learned that, fortunately, many Atlanta law firms encour- following all leads, I found no answer. If I dared to age associates to participate in the community by provid- calculate my “success rate,” the numbers would be low, ing legal services to clients who cannot afford to pay. but maybe not so low as they would have been if I had not As an associate at Alston & Bird, I became involved attempted to do anything at all. early on in the Truancy Intervention Project (TIP), is a partnership of the Fulton County Juvenile Court, Kids in Food: While Many Diet, Others Starve Need of Dreams Inc. (KIND), and the Atlanta Bar Foundation. I also worked with Saturday Lawyers, which Divorce, abandonment, downsizing, and other events is sponsored by Atlanta Legal Aid and other groups. may render a parent unable to put food on the table. Some Advocating a pro bono client’s legal interests actually parents are eligible for governmental assistance to feed amounts to only a portion of the volunteer lawyer’s their children, but they cannot fulfill the administrative commitment. The remainder involves identifying and requirements. Whether hunger results from inconsistent securing the best means of addressing the basic needs employment or from changed circumstances, the neces- that often underlie the client’s legal problems, and doing so sity for immediate help is the same. in a manner that does not destroy the client’s dignity and Qualifying for the food stamp program may take time self respect. that is not available. In such instances, food pantries or TIP lawyers quickly learn that many children do not attend food banks may be the answer. Several ministries provide school because they lack basic human necessities. A child who food, rent and utility assistance, and budgeting and nutri- has no food, soap, clean clothes, or warm bed does not want to tion classes for families inside and outside the metro go to school. Although education is important, school may Atlanta area. seem superfluous when existence is so tenuous. Initially, situations of extreme poverty appear bleak at Holiday Meals best and shocking at worst, and a volunteer lawyer may The mother of a TIP client called on the morning become overwhelmed by the sheer magnitude of the unmet before Thanksgiving, searching frantically for access to a

38 GEORGIA BAR JOURNAL free Thanksgiving dinner. A few calls resulted in a referral Clothing and Other Assistance for to the Salvation Army. In another case, a truancy client’s Parents Returning to Work mother had no means of providing a Christmas dinner and In one truancy case, I represented five boys who lived gifts for her four children. Two days after sending an e- with both parents. Unfortunately, neither parent held a job. mail to the lawyers at Alston & Bird, I was able to fill my The father claimed disability based upon a vague and station wagon to capacity with beautifully wrapped gifts. undocumented back injury, and the mother never had In addition, Lisa Cassilly of Alston & Bird provided all of worked. The children began attending school regularly, but the ready-made components for a sumptuous Christmas I found no lasting remedy for the unemployment that dinner. On a larger scale, the Salvation Army and the caused the family’s financial condition. ministry of the late Rev. Hosea Williams regularly serve Many parents are willing and able to return to work Thanksgiving and Christmas dinners. but lack appropriate clothing and skills. Several organizations, including the Atlanta Union Mission, Intown Com- Clothing: Warmth, Status, and Self-esteem munity Assistance, Salvation Army, Samaritan House, and St. Anne’s Perry Homes Support to Employment, provide Clothing for School varying levels of job readiness support, including computer Even in the optimistic economy of recent years, many training; gently worn professional and business clothing; children do not attend school because they lack adequate personal grooming items; and spiritual support. or appropriate clothing. To respond to this need, TIP created a clothing bank stocked by donations from a Shelter variety of sources. In addition, several other organizations provide clothing at low cost or no cost, depending upon Two of my truancy cases resulted from the parents’ specific criteria and circumstances. refusal to allow their children to walk to school through unsafe neighborhoods. One child’s mother finally altered her work schedule so that she could accompany her daughter past the crack house between home and the bus stop, thereby resolving the child’s truancy case. The parents of the five siblings described above did not allow their five sons to walk to school because drug dealers in the neighborhood had threatened the family. Even in summer, the parents would not allow the children to play outside, and covered the windows of the unairconditioned apartment with blankets. I hoped to help this family find a home in a safer neighborhood, but I did not succeed. The Atlanta Housing Authority had evicted the family from their previous apartment because the children allegedly had damaged walls, light fixtures, and National Legal closet rods through rough indoor play. The eviction precluded the family from leasing another AHA unit. Research pickup Although Habitat for Humanity and other organizations specialize in providing housing for low income working families, this family did not qualify, because eligibility is 10/00 p20 bw based upon factors that include proof of income, paid bill receipts, references, and employment verification. In one of the first TIP cases, which did end in success, the young client was not attending school because the heat had been turned off at his home. The TIP lawyer obtained an order restraining the utilities from shutting off the heat. Such measures are not necessary in all cases, because a number of organizations provide utility bill payment assistance for qualifying applicants.

DECEMBER 2000 39 Removing a Child from an Unsafe Family Unit Many parents find it difficult to shop for groceries, attend meetings with teachers, or fulfill other routine obligations that Sometimes a lawyer must seek to remove a child from most of us take for granted. Some families not only cannot a family unit that is unsafe, due to child abuse, drug ad- afford to maintain a car, but also cannot stretch the monthly dicted parents, or other dangers. Several facilities provide budget to allow for MARTA tokens, cab fare or other shelter for children and abused parents. In Atlanta, many transportation. Fortunately, several agencies in the Metro TIP clients have found help and hope at The Bridge. Atlanta area attempt to address this need. Grandparents: Raising Another Generation Intangible Support The mother of a 15-year-old TIP client suffered from Some clients benefit less from legal assistance than cancer, alcoholism, and drug addiction. As a result, the child from intangible types of support. An elderly retired and his siblings relied heavily upon their grandmother, who minister applied to the Saturday Lawyers program be- was bedridden, due to heart disease and diabetes. One day cause he wanted to sue the church-affiliated burial society the grandmother called in a panic because she was facing to which he had paid ten cents per week for 65 years. eviction. Not knowing that he was avoiding arrest, she had The burial society had notified all members that growing allowed her grandson to spend several nights at her home, in expenses mandated an additional $200 charge to cover the violation of AHA rules. With assistance from Atlanta Legal opening and closing of graves. After several lengthy Aid, we managed to halt the eviction. conversations, it became clear that, although the elderly Many families now consist of a grandparent and minister was outraged at the prospect of paying the grandchildren whose parents are absent or unable to care additional $200 out of his fixed income, he was even more for the children due to a variety of circumstances. Project hurt because the elderly church deacons had visited him Healthy Grandparents was organized specifically to only a few times following his wife’s death and his own support and assist grandparents who are raising children in recent illness. Worse yet, they had asked him to stop the absence of parents. preaching lengthy, spontaneous sermons after his stroke. After over a year of working with him, I was in despair, Medical Care fearing that I was doing nothing for him. Finally, he agreed that defending a lawsuit might bankrupt his burial society, The mother of a 14-year-old TIP client kept him home many of whose members were even more ancient than he. for days because he was depressed and suffered from If that occurred, he would lose his investment and pay for persistent headaches, which she believed resulted from the his own funeral anyway. Even with the additional $200, his recent deaths of several family members. She had not burial society funeral costs would amount to only $538, attempted to seek medical care because she was sure that $338 of which he had pre-paid over his lifetime. If he sued she could not afford it. At the truancy hearing, it became his burial society and church, he would lose the companion- apparent that, although the boy probably was eligible, she had ship of life-long friends. He accepted apologies from the not attempted to enroll him in Medicaid because she could deacons, who invited him to lead the closing prayer at not understand the requirements and had no transportation. Sunday evening services. Atlanta Legal Aid agreed to assist with the application After he had made peace with the church, he ap- process. Applying for Medicaid may be too time consuming if peared as satisfied the client needs immediate medical assistance. Some as any client who facilities provide outpatient medical care for qualifying Professional has just won a huge persons based upon a sliding fee scale or other factors. judgment. The victory had nothing Transportation: You Can’t Get Asset Locs to do with money, but everything to do There from Here with dignity. The fast-paced lifestyle of the 21st Century adds pu 10/00 p46 transportation to the list of basic human needs, but even Robyn E. Ice is a partner in now many families do not have cars. The mother of my the environmental and land first TIP client burst into tears at the prospect of meeting use practice group at Alston with her child’s parole officer at the same time each week. & Bird LLP in Atlanta. Fortunately, we found a source for free MARTA tokens.

40 GEORGIA BAR JOURNAL Resources for Indigent Clients

Food • Samaritan House of Atlanta 404-523-1239 (For homeless persons only.) • Atlanta Inner-City Ministry • St. Anne’s Perry Homes Support to Employment: 404-622-7931 (Spanish language capability.) 404-577-7312 (Clothing, assessment, interview • Central Presbyterian Outreach Center training at several locations in Atlanta.) 201 Washington Street, S.W. Atlanta, Georgia 30303 Shelter: Utility Assistance and 404-659-7119 Furniture • Intown Community Assistance, Inc./ICA • Family Life Ministries 670 Seminole Avenue, N.E. 404-761-6302 Atlanta, Georgia 30307 • Midtown Assistance Center, Inc. 404- 872-7644 404-681-5777 • North Ga. Community Action, Inc. • St. Vincent de Paul Society, Inc. 1344 Talking Rock Road 770-458-9607 Jasper, Georgia 30143 • The Sullivan Center, Inc. 706-692-5644 404-753-0535 • Salvation Army (Also Holiday Meals) • Metro Atlanta Furniture Bank 675 Seminole Avenue 404-355-8530 Atlanta, Georgia 30307 (404-352-3597 Main number to call for information re all locations.) Removing Child From Unsafe • St. Vincent de Paul Society, Inc. Situation 770-457-9798. • The Bridge Clothing for School 1559 Johnson Road • Atlanta Inner-City Ministry Atlanta, Georgia 30318 404-622-7931 404-792-1700 (Residential, for qualifying teens, • Family Life Ministries: sliding fee scale.) 404-761-6302 (Must live in East Point.) Assistance for Grandparents • Intown Community Assistance 404-872-7644 • Project Healthy Grandparents • North Georgia Community Action 404-651-0341 706-692-5644 Transportation • Salvation Army: (Limited number of MARTA tokens and cards for 404-352-3597 job interviews, jobs, and medical appointments.) • St. Vincent de Paul Society, Inc. • Central Presbyterian Outreach Center 770-458-9607 404-659-7119. Returning to Work • Family Life Ministries: 404-761-6302 • Atlanta City Baptist Rescue Mission • Intown Community Assistance 404-577-3409 (Men’s program.) 404-872-7644 • Atlanta Union Mission: • Midtown Assistance Center, Inc. 404-588-4005 404-681-5777 • Intown Community Assistance • St. Vincent de Paul Society, Inc. 404-872-7644 770-458-9607 • Salvation Army: • The Sullivan Center, Inc. 404-352-3597 404-753-0535

DECEMBER 2000 41 FEATURES ABA Study of Multi-state Practice Is On Fast Track

By Harriet E. Miers most frequently invoked is probably fee national telephone seminar was forfeiture arising from an unhappy sponsored by the Attorneys’ Liability WHEN IS THE LAST TIME client’s challenge. Assurance Society in December 1999 YOU took — or defended — a A state’s UPL restrictions are to discuss unauthorized practice and deposition in another state? Have you meant to protect its residents by multijurisdictional practice issues that ever traveled to another state to ensuring that lawyers who represent could affect its member law firms. consult with and advise someone them in the state are familiar with That seminar attracted nearly 1,500 who works for a subsidiary of your state law, procedures and ethics participants. The issue is ripe. If there client? How often have you called rules, and are subject to state disci- is to be a consensus of any kind among out of state to negotiate on behalf of plinary regulation. Many, but not all, the states, and if the American Bar a client? If you work for a corpora- lawyers believe that the changing Association is to play a meaningful role tion, do you travel to states in which nature of clients’ legal needs, the in the debate, the ABA needs to act, you are not licensed in order to do changing nature of technology and and act quickly. your work? communications and, consequently, The Commission is committed to When you did any of these things, the changing nature of law practice undertaking an objective and compre- were you thinking about the unautho- in this country may make the old hensive national study. To do so, it needs rized practice of law? Probably not. restrictions outmoded. the participation of state and local bar Were you committing the unauthorized In August of 2000, American Bar associations, ABA entities, individual practice of law (UPL)? Some would Association (ABA) President Martha lawyers, clients and other interested say a resounding and concerned Barnett appointed an 11-member parties across the country. If you are a “Yes.” At least technically speaking. Commission on Multijurisdictional practicing lawyer, or a client, or other- At least in some states. Which states? Practice to examine and make wise have views to offer, the Commis- It’s hard to know. recommendations on these issues. sion would like to learn about your But even if you were guilty of a The new Commission began its work experience and to receive your insight technical violation, do you think you in September. It expects to issue a about the questions it will be addressing. were you doing something improper, or preliminary draft report in March It is important for the Commission to do you think you were performing work 2001, and by May 23, 2001, to have learn whether, and to what extent, you should be able to perform in order completed a report with recommen- lawyers are practicing across state lines, to serve your clients’ legal needs? dations for consideration by the and whether lawyers believe there are Traditionally, lawyers in the United American Bar Association House of preferable alternatives to existing States may practice law only in the Delegates in August 2001. restrictions on such practice. states in which they are licensed, a This is a very fast track, and we So far, proposed alternatives that restriction typically backed up by UPL know it. But there is really no time to arose out of a March 2000 sympo- provisions which, although sporadically waste. State legislatures are acting; sium at Fordham Law School range invoked, may be enforced by fee other organizations, both public and from doing nothing — maintaining the forfeiture, disqualification, professional private, are acting; and cases against status quo — all the way to providing discipline and, even in some jurisdic- lawyers involved in the kind of conduct for national licensing of lawyers, with tions, criminal conviction. The sanction described above are going forward. A many suggestions in between those

42 GEORGIA BAR JOURNAL two alternatives. Intermediate stimulate thought and dialogue. You are may send written comments to him at proposals have included developing invited to attend one of the hearings and the Center at 541 North Fairbanks uniform state laws setting forth to provide us with written testimony. We Court, 14th Floor, Chicago, IL 60611. narrower and clearer restrictions on will be providing more details about the There is also a listserv available for out-of-state practice, making it hearings, including the dates and specific those who wish to keep up to date on possible for out-of-state lawyers to locations. This information will be posted the issue. To subscribe, send receive permission to render a online at the Commission’s Web site as an e-mail message to broader array of legal services in a soon as it is available. [email protected]. particular state, and allowing more To arrange to testify, please liberal admission of out-of-state contact John A. Holtaway of the Harriet Miers is the chair of the American Bar lawyers for general purposes. A ABA Center for Professional Association Commission on Multijurisdictional report on the symposium, together Responsibility at (312) 988-5298, or Practice. with other writings on this subject, [email protected], or you may be found on the Commission’s Web site, www.abanet.org/cpr/mjp- home.html. The Commission does not now know the answers to all the questions raised and needs to receive your views. Tell us: Are there really problems? If so, what problems are you encoun- tering? Is multi-state law daniels head practice increasingly common? Is multi-state practice necessary if lawyers are to serve their clients effectively and efficiently? Should steps insurance new be taken with respect to practicing “Internet law” or “telephone law”? If so, how (if at all) should the laws and ethical rules be bw reformed to better accommodate such practices? The Commission will be holding public hearings around the country prior to March 2001, including ones on February 17 and 18, 2001 at the ABA Midyear Meeting in San Diego, and others in Atlanta, Chicago, Dallas and New York. The format of the hearings will include an educational segment designed to

DECEMBER 2000 43 FEATURES Lawyers Foundation Awards First Challenge Grants

By Lauren Larmer Barrett provide information on how to small practice through start-up loans, become active in the program. mentoring and business planning. THE LAWYERS FOUNDATION The Western Circuit Bar The Augusta Conference of of Georgia is pleased to announce that it Association’s Student Literacy African American Attorneys Scholar- has awarded its first Challenge Grants. Project will provide each child in ship Competition provides law school These awards were presented to the Gaines Elementary School with a scholarships to those in need, in Individual Rights Section and Access to book for his or her birthday, and will addition to promoting an understand- Justice Committee for their Georgia enlist judges and attorneys to read to ing of the history of the legal prin- Legal Services Public Education the students twice a week. ciples and judicial rationale behind Campaign; the State Bar of Georgia The Douglas County Bar Asso- equal access to education. Diversity Program for its Small Practice ciation Community Action Project Congratulations to all involved for Development Center; the Douglas will purchase law-related materials your hard work and dedication, and County Bar Association for the law– for elementary, middle, and high good luck with your projects! related education materials for schools schools to expand opportunities for These challenge grants are made in Douglas County; the Western Circuit children to learn about the legal possible through the generous support Bar for its Literacy Project; the Augusta system, and to promote respect for of gifts to the Lawyers Foundation of Conference of African American the law and knowledge of career Georgia. For more information, please Attorneys for its Law School Scholar- opportunities in the legal field. contact Director Lauren Larmer ships; and the General Practice & Trial The State Bar of Georgia Barrett, 800 The Hurt building, 50 Hurt Section for its High School Mock Trial Diversity Program Small Practice Plaza, Atlanta, GA 30303. 404-526- Instructional Video. The final amount of Development Center will assist new 8617 or 404-527-8717 (fax). each award will be based on the amount attorneys in their efforts to start a E-mail: [email protected]. of challenge funds raised by the award recipients. The Georgia Legal Services Public Education Campaign, a project of the Individual Rights Section and the Access to Justice Committee, is aimed at educating Georgia lawyers about the legal services available for low income Georgians. The High School Mock Trial Video, a project of the General Practice & Trial Section, is a teach- ing video to assist in preparation for team mock trial competitions. It will also show the general public how a competition of this nature works, and

44 GEORGIA BAR JOURNAL FEATURES Supreme Court of Georgia Convenes In Statesboro

AS PART OF THEIR Next the justices heard oral Chapel Middle School were in commitment to travel around the argument at the newly renovated attendance for the session, which state and educate our citizens and Bulloch County Courthouse. The also included presentation by the youth about the judicial system, the courthouse was dedicated last Court of three Amicus Awards. The Supreme Court of Georgia recently August, and the Supreme Court’s Honorable Faye Sanders Martin visited Statesboro. And, as every visit was part of Statesboro’s ongoing of Statesboro, the Honorable John community has thus far, the people of celebration of the remodeled building R. Harvey of Pembroke, attorney Statesboro opened James B. Franklin their doors letting the of Statesboro, and justices sample the attorney Hugh Brown local flavor that makes McNatt of Vidalia their hometown received Amicus special. Awards from the On Thursday, Georgia Supreme September 28, the Court in recognition of Georgia Southern their substantial University Raptor contributions in the Center gave an furtherance of justice awesome demonstra- and in the interests of tion with falcons and their respective other birds of prey communities. diving for food. Judge For lunch on Anthony Alaimo and Friday, the Bulloch Judge Dudley Bowen County Commissioners joined the justices at a Pictured are the justices and Amicus Award winners: (l-r front row) entertained the jus- quail supper at Marsh Justice George Carley, Jimmy Franklin, Justice Carol Hunstein, Judge tices. Then that Hunting Preserve. Faye Sanders Martin, Chief Justice Robert Benham; (l-r back row) evening, local attorney The Friday, Justice Hugh Thompson, Judge John Harvey, Presiding Justice Gerald Edenfield, who September 29, the Norman Fletcher, Justice Leah Ward Sears and Justice Harris Hines. serves on the State justices savored Bar’s Board of breakfast at the Governors, hosted a Lupton Building, which is the field and of the city’s history. barbeque at this farm. house overlooking Georgia The two cases heard were Presiding Justice Norman Southern’s football field. Coach Paul Hogan v. Nagel and Freeman v. Fletcher and Justices George Carley Johnson addressed the group, which The State. Students from Georgia and Harris Hines stayed over Satur- included Judge Alaimo and Judge Southern, Statesboro High School, day to watch Georgia Southern and Avant Edenfield. Bulloch Academy and Langston VMI clash on the football field.

DECEMBER 2000 45 FEATURES

Symposium Reviews History, Explores Status & Future of Georgia Indigent Defense

By Nikki Hettinger indigent defense in Georgia today, to how far we have, indeed, come. methods used in other states, to “Many [indigent defense attor- THE WEATHER MAY HAVE possibilities for future improvement neys] just don’t do their jobs,” said been dreary, but the discourse cer- of our system. Diversity amongst John Cole-Vodicka of the Prison and tainly was not, as an estimated 200 panel members and lively question- Jail Project in Americus. “It’s an individuals from the political, judicial, and-answer opportunities following epidemic in Southwest Georgia.” He legal, educational and other arenas each session allowed for a liberal cited various examples of court- braved blustery winds and heavy rains exchange of ideas among judges, appointed lawyers who, when they to attend “Developing a Statewide arrive in court, do not recognize their Vision of Indigent Defense: Three client and are not familiar with the Branches of Government, Three case they are handling. Cole believes Roots of Support,” a symposium held “Equal justice is a these attorneys either do not have the on Thursday, November 9 at the necessary resources or the commit- Atlanta Hilton Downtown. ment to do a thorough job. The event, modeled after the redundancy; The Honorable Lawton E. Department of Justice’s recent Stephens, President of the Council of National Symposium on Indigent unequal justice is Superior Court Judges, countered Defense 2000, was sponsored by the that in Athens appointed attorneys do State Bar of Georgia’s Indigent no justice at all.” an excellent job, perhaps partly due Defense Committee, chaired by Wilson to the fact that they tend to be DuBose, along with Emory University –Hon. Harold Clark “younger, hungrier lawyers who want School of Law, Georgia State Univer- the trial experience.” He went on to sity College of Law, University of say that part of their system’s Georgia School of Law, and Mercer attorneys, criminal justice profession- success is attributable to the support University School of Law, and featured als, and even students, providing and commitment of their local bar. a videotaped introductory address by multi-faceted perspectives on both The pros and cons of using Governor Roy E. Barnes. problems and solutions. contract lawyers for indigent work was Among the many notable speakers “Equal justice is a redundancy; discussed, as well as the need for on hand were State Bar President unequal justice is no justice at all,” additional state funds, more account- George E. Mundy; the Honorable Harold stated Clarke during his address, ability, and modification of restrictions G. Clarke, former Chief Justice of the reminding the audience that, through- and standards. Even bilingualism (or Supreme Court of Georgia; the Honor- out history, cultures have enjoyed a the lack thereof) was considered. able Robert Benham, Chief Justice of the system of legal rights, but not neces- Recent law school graduates ex- Supreme Court of Georgia; and the sarily for the poor. Although he pressed their frustration with a system Honorable Stanley F. Birch Jr., Judge of illustrated how our society has that does not allow young attorneys to the 11th Circuit Court of Appeals and the certainly come a long way in terms work in the area of indigent defense event’s keynote speaker. of providing indigent defense, subse- because, in many cases, the starting Four plenary sessions explored a quent discussions made it clear that salaries are lower than the attorney’s range of topics, from the status of there is some disagreement on just monthly student loan payments.

46 GEORGIA BAR JOURNAL While opinions certainly differed sion and that the commission the tions to the major problems that throughout the day, most participants commission members will be able exist under the current system. The seemed to agree that, as Mundy State Bar’s leadership on this is- stated during his introduction, “We sue has been crucial in getting us have a window of opportunity to “Many [indigent defense to where we are today and will be make a difference.” equally crucial in moving the pro- Wilson Dubose added: attorneys] just don’t do cess forward to a succeessful con- their jobs,” said John clusion. The symposium was a good first step toward building momentum Cole-Vodicka of the Prison Former Chief Justice Clarke was for comprehensive improvements presented with an award by Flora B. to Georgia’s indigent defense sys- and Jail Project in Devine, Chairperson of the Georgia tem. No one knows exactly at this Indigent Defense Council, in recogni- point what form those improve- Americus. “It’s an tion of his efforts on behalf of ments will take, but I think it was epidemic in Southwest indigent defense. Attendees earned very useful to start the process of up to seven CLE hours for attending thinking about change. It is my hope Georgia.” the symposium. that the dialogue begun at the symposium will carry over to the Chief to reach a consensus that will in- Nikki Hettinger is the Assistant Director of Com- Justice’s indigent defense commis- volve meaningful, long-term solu- munications.

morning star p/u aug 00 pg 79

DECEMBER 2000 47 cutlines FEATURES

EXECUTIVE, LEGISLATIVE & JUDICIAL BRANCHES PARTICIPATE Restored Appropriations Room Dedicated

ON THURSDAY, OCTOBER 19, The Appropriations Room was the anecdotes about former justices who 2000, Governor Roy Barnes, Robert original home of the Supreme Court served on the Supreme Court when it Benham, Georgia Supreme Court of Georgia before the Court moved in met in the Appropriations Room. State Chief Justice, Senators, and Repre- 1956 to its present location in the Senator Terrell Starr and State Repre- sentatives of Georgia’s General State Judicial Building. sentative Terry Coleman offered Assembly participated in the dedica- Governor Barnes noted the remarks about the beauty and majesty tion of the restored Appropriations illustrious history of the room (See page of the Appropriations Room. Room at the State Capitol Building. 47) and shared stories and amusing Chief Justice Benham was the

Scenes from the dedication (clockwise): Chief Justice Benham, the plaque, and many dignitaries participated in its unveiling.

48 GEORGIA BAR JOURNAL featured, guest speaker. Chief Justice had three justices who convened has maintained the classical Benham acquainted the audience with in the Appropriations Room. proportions, although most of the other historical aspects. He marveled 3. Four more justices were added in original furniture and other at the elegance of the room with its 1897. appointments have ben removed. fine wood, and likened the strength 4. In 1907 the Court of Appeals was 10. New furniture, including a newly and quality of the wood to the strength formed and shared the Appropria- remodeled judges bench, has of the quality of services provided by tions Room with the Supreme Court. been chosen for the new space. all three branches of Georgia’s 5. The Supreme Court moved to its 11. The rich colors and intricate government to the citizens. The Chief current chambers in the Judicial stenciling design are examples of Justice presided over the unveiling of Building in 1956. how the original decorative scheme the dedication plaque, installed on the 6. The Appropriations Room was of the Georgia Supreme Court’s east wall of the lovely room. Other then turned over to the legislature. first chambers has been melded members of the Supreme Court, the 7. The original chambers was an with the functional needs of today. General Assembly, and the public eclectic combination of Classical New lights, and audio and television were present for the festivities. and Victorian design. systems have been added. 8. The February 10, 1889 Atlanta Historical Overview Constitution said that the original courtroom was “frescoed in a 1. The Capitol Building opened in 1889. style of quiet magnificence.” 2. The Supreme Court of Georgia 9. The newly remodeled chambers

Thoughts on the Dedication of the Appropriations Room at the State Capital

By Hon. Robert Benham citizens who continue to demand and pleasing atmosphere. The men expect the best from all who work on who served on the court in this THE MAGNIFICENT their behalf. very room and the men and temple of justice is a monument to The magnificently restored women who were their predeces- all of the judges and all of the temple of justice inspires. All marvel sors have likewise constructed the lawyers whose accumulated at the beauty and richness of the rich schemes and intricate designs knowledge and wisdom molded, Victorian design and are inspired by of the law to protect and enrich shaped, and perfected the law. the Classical proportions of the great the lives of Georgia’s citizens. This temple, this monument, this chamber. The lovely, awesome cham- shrine is dedicated to the sanctity Faith in mankind is renewed ber, the beautiful monument, the of the law upon which all of because to create this type of beauty fitting shrine has stood here human liberty rests. It is dedicated and to create the wonderful system between the two houses of the to the court—the living voice of of justice that it represents, man does General Assembly for 111 years, a the constitution and custodian of not walk alone. Faith in our system of silent witness to the ebb and flow that liberty. justice is renewed. Being here today of the human tide whose problems It is dedicated to the members allows us to look with fresh eyes, were resolved, whose lives were of the bar who brandish the shield comprehending the awesome respon- changed, who sought and found and buckler in defense of liberty sibility that we have inherited. justice right here. This is a fitting and the sacred ideals of the law. This magnificent temple of monument to us all. And this is a shrine dedicated to justice, with its the rich color scheme the people of Georgia—strong and intricate designs create such a

DECEMBER 2000 49 participating in a service project that THE YLD: NOT JUST FOR specifically was selected to benefit that community. Watch this column for an announcement of the date and THOSE 36 AND UNDER! project locations. The YLD also can assist you with obtaining information needed for offers those in attendance the employment decisions and satisfying invaluable opportunity to interact with your CLE requirements. The YLD’s Georgia’s legislators at the start of Career Issues Committee is the session. For only $15 per person distributing a salary survey to young (or $120 for a table of eight), you can lawyers to gather data on the Geor- attend the breakfast on January 12, gia legal market. All identifying data 2001. Be sure to sign up on the of the participants will be kept Midyear Meeting registration form to confidential, and the results of the By S. Kendall Butterworth reserve your spot, as this event sells survey will be published in the spring out quickly. YLD Newsletter. The data obtained ow many of you breeze Lawyers of all ages have a great from this survey will assist all past this column and think, opportunity to help those in need lawyers in Georgia—those looking “YLD — I remember my through the YLD Community for employment and those hiring. days as a young lawyer,” Service Committee. The Commit- The YLD’s 11th Annual Carib- onlyH to have that thought short-circuited tee will be conducting a clothing drive bean Seminar will take place in by the not-so-pleasant realization that at the Midyear Meeting in Atlanta to Puerto Vallarta, Mexico on February you are no longer within the age limits collect business suits. Now that many 8-12, 2001. This seminar offers 12 set by the bylaws for membership in the hours of CLE credit, including one YLD. Just because you don’t meet the ethics, and one professionalism, and YLD’s membership criteria to vote or to three trial hours. Registration is open hold elected office doesn’t mean that Stop thinking that the to all members of the Bar and, based you are ineligible to participate in the on my past experiences at this Division’s programs, as the YLD has a YLD doesn’t include seminar, it has to be the best way to variety of projects that involve and fulfill the CLE requirement. benefit all lawyers in Georgia. Here is you—it does—in more So stop thinking that the YLD just a sampling: ways than you ever doesn’t include you —it does — in The Georgia Mock Trial more ways than you ever could have Competition, sponsored by the could have imagined! imagined! I look forward to seeing you YLD’s High School Mock Trial at a YLD-sponsored event soon. Committee, is in its 14th year and is looking for volunteers to serve as law offices have adopted business attorney coaches to the 104 teams casual as part of the dress policy, this that will be competing. If you do not is a great time to clean out your have time to serve as a coach, closets and rid yourselves of suits consider serving as a judge in your you may not have worn since you region’s competition. This program is were a young lawyer! Look for the bright di- one of the YLD’s most successful, collection bin near the registration with more than 1,500 students and desk at the Midyear Meeting. 550 attorneys participating; but it The YLD also will be organizing rection wouldn’t be so successful without the its 6th Annual Great Day of Ser- involvement of young and not-so- vice in the spring. For those of you young lawyers. who are unfamiliar with this project, new bw The YLD’s Legislative Affairs the “Great Day” takes place on one Committee will be hosting the 13th day, with volunteer lawyers of all Annual Legislative Breakfast, which ages in communities across Georgia

50 GEORGIA BAR JOURNAL Coaches, Judges, Evaluators Needed!

Inquire about coaching opportunities or volunteer for judging opportunities by contacting the mock trial office. Volunteers for all positions may register online at www.gabar.org/mtjoin.htm For more information, contact the Mock Trial Office 404/527-8779 800/334-6865 [email protected]

Mainstreet pickup 10/00 p33 bw

DECEMBER 2000 51 FOR THE SECOND TIME THIS J. Pat Sadler, a shareholder in the Committee of the Board of Directors year, Judson Graves of Alston & Atlanta law firm Sadler & Hovdesven of the AAA; and John A. Sherrill is Bird LLP has been recognized by The PC has been elected to the Board of a partner of the law firm Seyfarth, National Law Journal for his suc- Directors of the Public Investors Shaw, Fairweather & Geraldson. cessful record in defending medical Arbitration Bar Association Alan C. Cason, a partner in the malpractice cases. Graves, a partner in (PIABA), a national bar association of Baltimore, Maryland office of the firm’s medical products & services attorneys who represent public investors McGuireWoods has been elected to practice group, was chosen by the in securities and investment disputes. serve as a member of the Board of publication in its annual recognition of The American Arbitration Governors of the University of 10 of the nation’s top trial attorneys. Association (AAA), the world’s Maryland Alumni Association. C. Murray Saylor Jr., a partner leading provider of conflict manage- Brent O.E. Clinkscale has been in The Saylor Law Firm LLP, has ment and dispute resolution services, named general counsel to the Thurgood been elected Vice President of the sent three members of its National Marshall Scholarship Fund Inc. and American Association of Attorney- Roster of Arbitrators to Sydney, will serve on the Board of Directors. As Certified Public Accountants, which Australia to resolve disputes related to general counsel, Clinkscale, a member of is comprised of individuals dually the U.S. Olympic Team members Womble Carlyle Sandridge & Rice qualified to practice as lawyers and as during the 2000 Olympic Games. PLLC will provide pro bono legal CPAs. Murray, a personal financial The three arbitrators, who served pro services to the non-profit organization, specialist and an accredited estate bono for the event, are all attorneys in which is headquartered in New York planner, is a member of the Atlanta the Atlanta area: Robert N. Leitch is City. The Fund is the only national Estate Planning Council, the Atlanta a full-time arbitrator and mediator; organization founded for the sole purpose Tax Forum, the Fiduciary and Taxation Joia M. Johnson is Executive Vice of providing merit scholarships and other Law Sections of the State Bar of President and General Counsel of support to students attending the nation’s Georgia, and the Estate and Probate RARE Hospitality International, Inc. 40 historically black public colleges and Section of the Atlanta Bar Association. and a member of the Executive universities.

Substance Abuse event, now in its third year. Moyers), Terry Gorski (the “father Conference offerings included 37 of relapse prevention”), James Conference Held workshops and seminars, and more Mosher and Georgia Supreme than 40 speakers. A featured topic Court Chief Justice Robert More than 600 people including was drug courts, which require that Benham, who stated, “The extraordi- judges, addiction counselors, law misdemeanor offenders with sus- nary growth in the number of drug enforcement officers and individu- pected substance abuse problems courts across the country is evidence als in recovery gathered for undergo evaluation and treatment as a that this approach to the problem of “Bringing Us Together: A State- condition of bond before their case substance abuse is very effective.” wide Substance Abuse Confer- can be heard. “We know that treat- Benham, who is Chair of the Supreme ence,” held on September 20-22, ment works,” said Fulton County Court Committee on Substance Abuse 2000 at Callaway Gardens in Pine Superior Court Judge Isaac Jenrette and Courts, also presented the Chief Mountain, Georgia. The Supreme during a panel discussion. “The drug Justice’s Award for Excellence in Court Committee on Substance courts give us an opportunity for early Public Service to Sandra L. Ward Abuse and Courts and the Georgia intervention.” during the conference. Association for the Prevention of Speakers included William Cope Other participants included the Substance Abuse co-sponsored the Moyers (son of newsman Bill Georgia Association of Drug Court

52 GEORGIA BAR JOURNAL Tifton Named Reading Capital of the World

THE SOUTH GEORGIA OFFICE ment (LPM) program of the State Bar. Domestic Violence often hosts local community organiza- Presenters included GPTS Director tions as part of its outreach. Pictured in Betty Simms and LPM Director Natalie Seminar in Augusta photo 1 are members of the Tift Thornwell. In addition, Maria Glisson, More than 90 people recently partici- County Foundation for Educational owner of Pro Body Health & Fitness, pated in a seminar on domestic Excellence, which held its meetings at and Dr. Sue Hammons who lost over 70 violence, held on October 13 at the the State Bar satellite office. The group, lbs. working with Glisson, spoke on the Sheraton in Augusta, and sponsored by which is populated with many local importance of good health. In photo 2, the Augusta Bar Association, Georgia attorneys, planned a community-wide Glisson makes a Crisco sandwich to Legal Services and the Pro Bono celebration on November 15 to cel- demonstrate the equivalent of eating fast Project. Attorneys, judges, advocates, ebrate Tifton being named as the food for lunch. The Law Staff seminars law enforcement and hospital staff Reading Capital of the World. A related are available for law firms statewide. If were among the attendees. article appeared in Time magazine on you would like your staff to have a Vicky Kimbrell, Director of the October 23. The reading program, similar presentation, please contact Domestic Violence Project for Georgia called Accelerated Reader, requires [email protected]. Legal Services, reported that many readers to take a test following comple- favorable evaluations have been tion of a book to test comprehension. Secretary of State received. According to Kimbrell, this indicates not only an interest in the issue Law Staff Learn Skills Addresses Thomasville Bar but also the importance of providing The South Georgia office also acts ongoing and updated information and The satellite office recently hosted as a resource for voluntary bar associa- training opportunities for attorneys, law the fourth in a series of Law Staff tions. On September 19, they facilitated enforcement, advocates and judges. training seminars, drawing an audience a dinner program for the Thomasville The Domestic Violence Program from Albany, Valdosta, Tifton, Bar Association at the Plaza Restaurant carries CLE hours in ethics, profession- Thomasville, Ashburn, Moultrie and in Thomasville. Bar members and their alism and trial practice. If you would like Adel. The seminar, entitled “Relieving guests, including law enforcement to have this seminar presented in your Stress, Getting Healthy and Getting officials and judges, enjoyed a presenta- area, you may call the State Bar’s Organized,” was co-sponsored by the tion by Secretary of State Cathy Cox satellite office at (800) 330-0446 to General Practice & Trial Section see photo 3 (Thomasville Bar Presi- facilitate the event. (GPTS) and the Law Practice Manage- dent Catherine Williams is pictured at left). Cox spoke on e-commerce and Professionals; the Georgia Addic- gave an overview of her tion Counselors Association; the office’s Web site and that Georgia Association of Risk of the State Bar. Reduction and Defensive Driving The satellite office Educators; the Georgia Department can also orchestrate a 1 of Human Resources; the South- program for your east Addiction Technology Trans- voluntary bar. If you are fer Center; the Georgia Association interested, please call of Community Service Boards; the (800) 330-0446. Georgia Prevention Network; the Georgia Drug-Free Workplace Coalition; and the Zadie Institute for Prevention. 2 3

DECEMBER 2000 53 In Atlanta real estate group – Reid Harbin; Murphy Jr., Michael D. Crisp and corporate securities – Leslie Head, Corin McCarthy to its litigation R. David Ware has joined the Nancy McDaniel and Bill Rob- practice. The law firm has offices in labor and employment law firm of erts; healthcare group – Sidney Atlanta and Augusta, Georgia; Constangy, Brooks & Smith LLC Summers. Morris Manning is Charlotte, Raleigh and Winston- as a member. Formerly of Ware & located at 1600 Atlanta Financial Salem, North Carolina; Washington, Leonard LLC, Ware brings more Center, 3343 Peachtree Road, N.E., D.C.; Miami, Florida; London; than 20 years’ experience to the Atlanta, GA 30326; (404) 233-7000; Brussels; and Stockholm. employment litigation practice at the Fax (404) 365-9532; Jay C. Ruby has joined the firm’s Atlanta headquarters office, www.mmmlaw.com. Atlanta office of Fragomen, Del located at Suite 2400, 230 Peachtree Neel & Robinson, Attorneys Rey, Bernsen & Loewy as an Street, N.W., Atlanta, GA 30303; at Law, LLC is pleased to announce associate concentrating in business (404) 525-8622; Fax (404) 525-6955; that Joseph M. Ferguson and immigration law. The office is located www.constangy.com. Shawn D. Stafford have joined the at 1175 Peachtree Street, N.E., 100 Love and Willingham LLP is firm as partners, and that Amy H. Colony Square, Suite 700, Atlanta, GA pleased to announce that Michael Ferguson has become associated 30361; (404) 249-9300; Fax (404) Tad Carithers is now an associate with the firm. Neel & Robinson 249-9291; www.fragomen.com. with the firm, located at Suite 2200, focuses on residential real estate and Troutman Sanders LLP and Bank of America Plaza, 600 Peach- related transactions. The firm’s main Virginia-based Mays & Valentine tree Street, N.E., Atlanta, GA 30308; office is located at 5555 Glenridge LLP have voted to merge; the union (404) 607-0100; Fax (404) 607-0465. Connector, Suite 400, Atlanta, GA will be one of the Southeast’s largest Kristin Gray Pell has joined the 30342; (404) 459-9600. law firm mergers. The combined firm firm of Claxton & Claxton LLC as Jefferson M. Allen has joined will be known as Troutman Sand- an associate, practicing in the areas of the Atlanta office of McGuireWoods ers LLP and will operate in Atlanta, general insurance defense, arson and LLP as an associate in the commer- Georgia; Washington, D.C.; Rich- insurance fraud. Pell holds an under- cial litigation department; he was mond, Tysons Corners, Norfolk and graduate degree from the University formerly an associate with Freeman Virginia Beach, Virginia; and Hong of Georgia and a law degree from the Mathis & Gary LLP. Also, George Kong. Troutman’s Atlanta office is Cumberland School of Law at H. Heberton, managing partner of located at Bank of America Plaza, Samford University in Birmingham. the McGuireWoods Atlanta office, has 600 Peachtree Street, N.E., Suite The firm is located at Suite 425, 2500 been selected chair of the firm’s real 5200, Atlanta, GA 30308-2216; Windy Ridge Parkway, Atlanta, GA estate and environmental department. (404) 885-3000. 30339-5679; (770) 933-1946; The office is located at 285 Peachtree www.claxtonclaxtonllc.com. Center Avenue, N.E., Marquis Tower In Cochran Ed Hirsch has joined Morris, Two, Suite 2200, Atlanta, GA 30303; Manning & Martin LLP as a www.mcguirewoods.com. Dennis Mullis has been partner in the firm’s corporate Kilpatrick Stockton LLP appointed Juvenile Court Judge practice. Also, the following associ- announces the addition of Daniel T. for the Oconee Judicial Circuit ates have joined the firm: technology Falstad to the firm’s Atlanta corpo- effective October 1, 2000. He will group – Brannan Anthony, Steve rate finance and technology prac- continue his private law practice, Combs and Dana Schwind; insur- tices. Also, 30 lawyers from Jones & located at 202 Cherry Street, ance group – Amy Atkinson; Askew have joined Kilpatrick, Cochran, GA 31014; (478) 934-6352. litigation group – Becky Bryan; making its intellectual property intellectual property – Kirk practice the largest in the Southeast. Goodwin and Greg O’Bradovich; Kilpatrick also welcomes George

54 GEORGIA BAR JOURNAL In Columbus In Florida In San Francisco Daniel P. Amos, president and The Atlanta-based labor and Blake W. Larkin has joined CEO of AFLAC Incorporated, employment law firm Ford & Paul, Hastings, Janofsky & announces the promotion of Joey M. Harrison LLP is continuing its Walker LLP in the firm’s San Loudermilk to executive vice national expansion by combining its Francisco office as of counsel. president, legal and governmental practice in Florida with Garwood, Larkin represents domestic and relations, and general counsel. McKenna, Wolf & Finnigan PA of international companies in matters Loudermilk joined the company in Orlando, where the firm will be before the federal and state courts 1983 and has served as general known as Ford & Harrison. For and in international arbitration. counsel since 1991. AFLAC is the more information, visit leading underwriter of supplemental www.fordharrison.com. In Washington, D.C. insurance marketed at the work site Timothy M. O’Brien, formerly in the U.S. — www.aflac.com. of Oliver, Maner & Gray LLP in Powell, Goldstein, Frazer & Savannah has become associated Murphy LLP continues to expand its In Hinesville with Levin, Middlebrooks, antitrust practice with the addition of Thomas, Mitchell, Echsner, Robert W. Doyle Jr. as a partner in William A. Parker Jr. has Proctor & Papantonio PA where the firm’s Washington, D.C. office. become a member of Rene’ D. he concentrates on personal injury Doyle concentrates his practice on all Kemp’s law practice, Kemp & and wrongful death litigation. The aspects of antitrust and trade regula- Parker, located at 209 E. Court office is located at 316 S. Baylen tion law, with particular emphasis on Street, Hinesville, GA 31313; (912) Street, Suite 600, Pensacola, FL private and government antitrust 876-5125; [email protected] 32501; (850) 435-7000. investigations and litigation, including Skip Klauber has been named merger and acquisition matters, and In Peachtree City vice president and general counsel of Hart-Scott-Rodino pre-merger Prime Entertainment Inc., one of counseling. For more information, visit Michael W. McElroy, formerly the largest distributors of closed- www.pgfm.com. of the firm Harman, Owen, Saunders circuit sporting events in North Sotiris A. (Ted) Planzos, & Sweeney PC, is pleased to America. Klauber practices in the former deputy chief of the U.S. announce the formation of the Law areas of telecommunications law, Justice Department’s Organized Office of Michael W. McElroy PC licensing and intellectual property Crime and Racketeering Section, has where he will practice civil litigation law. The office is located at 7777 joined Troutman Sanders LLP’s including medical malpractice, Glades Road, Suite 208, Boca Raton, Washington, D.C. office, located at nursing home, personal injury and FL 33434; (561) 482-2088. 1300 I Street, N.W., Suite 500 East, commercial litigation. The new office Washington, D.C. 20005; (202) 274- is located at 403 N. Highway 74, In Los Angeles 2955. Suite C, P.O. Box 3450, Peachtree Patton Boggs LLP is pleased to City, GA 30269; (770) 632-5850; Fax John M. Genga has joined announce that C. Donald Johnson, (770) 632-5453; Paul, Hastings, Janofsky & former ambassador in the Office of [email protected]. Walker LLP in the firm’s Los the United States Trade Representa- Angeles office as a partner. Genga tive and member of Congress, has In Woodstock practices general business litigation, joined the firm as a partner resident concentrating on copyright, entertain- in the Washington, D.C. office, Sam Sparks has joined Colony ment and intellectual property located at 2550 M Street, N.W., Homes as general counsel and vice litigation and counseling. Paul Washington, D.C. 20037; (202) 457- president/land acquisition. Sparks was Hastings is an international law firm 6500; Fax (202) 457-6315; formerly with D.R. Horton Homes, with more than 700 attorneys located www.pattonboggs.com. Torrey Homes, and Kessler & Sparks in nine offices: Atlanta; Los Angeles, of Atlanta. For more information, visit Orange County and San Francisco, www.colonyhomes.com. California; New York City; Stamford, Connecticut; Washington, D.C.; London and Tokyo.

DECEMBER 2000 55 Spotlight on the Atlanta Bar Association

By Charles A. Mobley and in order to “…maintain the honor well-known. However, as history and dignity of the profession of law…” demonstrates, and like many other JOKES ABOUT LAWYERS, formed the Atlanta Bar Association. professional organizations, it has come a and nearly everyone has a favorite, This Atlanta Bar Association, long way. In 1911, for example, the usually portray us as disreputable and Georgia’s oldest and largest local bar, Atlanta Bar debated whether women wholly untrustworthy. Often we was founded on April 28, 1888, and should be allowed to practice law and in acknowledge as funny, bad behavior incorporated by State charter in 1906 1999, Paula J. Frederick, an African- we abhor and can do nothing about with an initial white male membership of American female, became its president. — humor perhaps mollifies that 177 lawyers. Fifty years later, the Diane O’Steen, the association’s helpless feeling we get each time our Association had reached the 1,000 full-time executive director, points with profession is low rated. member mark and now, with close to pride to the growth and the variety of In the spring of 1888, Atlanta 6,000 members from Atlanta’s nine projects the Atlanta Bar has undertaken lawyers were not so passive and metro counties, this association is the under the capable leadership of lawyer definitely not amused when the largest in the southeastern United States volunteers. “It is gratifying to work with Atlanta Constitution editorialized representing the cultural and ethnic so many unselfish, dedicated profession- “…while we have a very able Bar, diversity of the community it serves. als who emphasize service ahead of we have quite a lot of shysters who The Association has a full-time staff personal gain,” she stated. Charity, make money by hunting up cases…” of 10 members, 29 standing committees, community service, and education are “This is disreputable,” concluded 18 sections, and an annual budget of what this association is all about. 100 of Atlanta’s “leading” lawyers, who $1.5 million. Its reputation and record of 20 days later, met at the State Capitol service to society and our profession is The Foundation Aids All In Need The Atlanta Bar Foundation, a 501(c)(3) non-profit organization created by the association in 1985, administers their philanthropic activities and depends in large part on the generosity and commitment of the association’s membership for its funding. Its programs have received both national and local recognition. Last year, the City of Atlanta commended the Police Scholarship Fund for its significant contribution to children and their families. The Truancy- Intervention Project has received an award of merit from the American Bar Association, a National Volunteer Pictured above are (l-r) Rita Sheffey of Hunton & Williams: Randall Jeffrey Award, and the State Bar of Georgia Cadenhead of BellSouth Advertising & Publishing Corp.; John W. Harbin William B. Spann Jr. Pro Bono Award. of Powell, Goldstein, Frazer & Murphy LLP; Debbie Segal, then Executive The Foundation continued its Director of Atlanta Volunteer Lawyers Foundation; Jim Gober of Arnall, sponsorship of a number of programs Golden & Gregory; Paula J. Frederick, Atlanta Bar Association Past Presi- — including the annual Santa pro- dent; and Jill Pryor of Bondurant, Mixson & Elmore. 3 grams, Truancy-Intervention Project, 4

56 GEORGIA BAR JOURNAL Police Scholarship Fund, and the Legal through the Fulton County Solicitors credit hour and at least one specialty Run-Around 5K Road Race to benefit Victims Assistance Office to people hour. While most continuing education the scholarship fund — this year to who need them. seminars include the cost of the seminar help it achieve its long range goals. in the CLE credit, the only cost to CLE Continues To Evolve Atlanta Bar members was the $3.00 Fighting Domestic Violence CLE credit fee, which was then paid to And Improve the State Bar’s CLE department. During the last year, it was brought During the summer of 1999, the The Atlanta Bar Association to the Association’s attention that more Atlanta Bar sponsored free CLE Continuing Legal Education’s Board of than 5,000 women each day are victims programs on Fridays at noon. Each Trustees afforded numerous opportunities of domestic assaults in our city. Many program featured a lunchtime video, for members to accumulate required times help that is just a phone call away which was played at the Bar headquar- hours with 18 seminars throughout the never arrives because there is no phone ters and offered participants one CLE year. In addition to the always popular available to call 911, while many old cell annual winter seminar at a ski destination, phones simply gather dust. the ACLE Board of Trustees, whether it The Atlanta Bar Association Membership: over 6,000 was a solo effort or cosponsorship with decided to help give those phones Officers: the Section, has presented seminars such new life that may help save a life. President—Jeffrey Bramlett as “Practice in Fulton Superior Courts The Association’s community VP/President Elect— New Family Division” and two update outreach committee put out a call to Seth Kirschenbaum seminars “Old Age Ain’t for Sissies” and the Association’s members to help Treasurer—William deGolian “Probate and Long-Term Care Issues,” fight domestic violence. The Atlanta “A Map to the Courthouse,” “Trial Tips Bar teamed up with the Atlanta Secretary—S. Wade Malone for the Middle Income Divorce Case,” Volunteer Lawyer Foundation and Immediate Past President— “We Can Work It Out – Judges and BellSouth to promote CALL to Paula Frederick Lawyers: Improving the Relationship,” PROTECT: Wireless Phones for ACYL President— “Litigating Work Injuries,” and “Evi- Domestic Safety, a national program Kristine Moschella dence.” Also, many of the Atlanta Bar sponsored by the Wireless Founda- Dues: Dues range from $60 for Sections offer CLE credit at breakfast tion and the National Coalition of and luncheon meetings. lawyers admitted after Domestic Violence. The The Atlanta Bar Association office Association’s members responded to June 1997, to $180 for is now located on the fourth floor of the the call for help by donating more those admitted before International Tower at Peachtree than 300 phones that will be pro- May 1992. Center. On February 1, 1999, the grammed by BellSouth to dial only Bar Year: Begins June 1. Association moved into its new head- 911. Phones will be distributed quarters which is the third headquarters location in the history of the Atlanta Bar. In 1955, the first office was opened for the Atlanta Bar in the Fulton County Courthouse. The Bar remained housed in the Courthouse until 1978 when it moved to the Equitable Building. Judge Carolyn S. Weeks, the Association’s first female president, N.GA Mediation summed up what many have often stated about Atlanta Bar, “it’s a world class pickup, 10/00 p14 bw organization for a world class place.”

Charles A. Mobley, an attorney with Arrington & Hollowell in Atlanta, is a member of the State Bar’s Local Bar Activities Committee, which plans to spotlight a voluntary bar in upcoming issues of the Journal.

DECEMBER 2000 57 he Lawyers Foundation of Georgia Inc. sponsors activities to promote charitable, scientific and educational pruposes for the public, law students and lawyers. Memorial contributions may be sent to the Lawyers Foundation of Georgia TInc., 800 The Hurt Building, 50 Hurt Plaza, Atlanta, Georgia 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.

Armstrong, Christine Admitted 1992 Johnson Jr., Walker P. Admitted 1961 Georgetown, SC Died August 1998 Macon Died August 2000 Barabas, John B. Admitted 1982 McGarity, Edward E. Admitted 1959 Jenkinsburg Died August 2000 McDonough Died September 2000 Branch Jr., Harllee Admitted 1931 McLanahan, Clarence R. Admitted 1931 Atlanta Died August 2000 Elberton Buckingham, Donna B. Admitted 1982 Morrow, Jonath A. Admitted 1978 Atlanta Died September 2000 Decatur Died September 2000 Citrenbaum, Carroll Admitted 1949 Mosbey Jr., James H. Admitted 1962 Forest Park Died July 2000 Watkinsville Cole, Robert W. Admitted 1960 Neiger, David S. Admitted 1995 Atlanta Died June 1998 Duluth Died June 2000 Crichton, George Thomas Admitted 1964 Owens, Edward L. Admitted 1952 Decatur Died August 2000 Flowery Branch Died September 2000 Dennis, Douglas Admitted 1938 Paul, Larry Marshall Admitted 1975 Atlanta Died August 2000 Atlanta Died October 2000 Freeman, Ben R. Admitted 1940 Rosenberg, David Michael Admitted 1988 Greenville Died October 2000 Blue Ridge Died April 2000 Haas, Joseph F. Admitted 1934 Russell, Patience M. Admitted 1998 Atlanta Died October 2000 Atlanta Died August 2000 Hawkins, John Edgar Admitted 1990 Atlanta Died August 2000

Irma L. Clark, 79, of Cumming, Georgia, died June 22, Georgia in 1935, and he practiced law in Coweta County 2000. Born in Colonie, New York, she attended Russell Sage for 65 years. He was a solo practitioner until the late College in Troy, New York and Iowa State College. She later 1950s, when he formed the firm of Glover & Davis. He attended Woodrow Wilson School of Law in Atlanta. She was was a member of the Newnan/Coweta Bar Association admitted to the State Bar of Georgia in 1972. She practiced and the Coweta Circuit Bar Association, as well as the law with Dan Mitchell in Atlanta, and upon his death, she Board of Governors of the State Bar of Georgia. Mr. purchased his firm. She is survived by her husband of 61 years, Glover was active as a high school football referee for L. H. Clark, her daughters Judith Darby and Dona L. Duff, many years, and he was an avid golfer up until the time of her brother Stephen Laning, and 2 grandchildren. his death. He is survived by his wife of 64 years, Marga- John Littleton Glover, 89, of Newnan, Georgia, ret Miller Glover, two sons, John Littleton Glover, Jr., and died June 28, 2000. Born in Newnan, he graduated from Wallace Glover, his brothers Dr. Howard C. Glover, Jr., the University of Virginia with a B.A. in 1932 and his law Cliff C. Glover, Dr. Nathaniel B. Glover, his sister degree in 1935. He was admitted to the State Bar of Winifred Glover Klein and 5 grandchildren.

58 GEORGIA BAR JOURNAL Thomas J. Hartland, Jr., 47, of Atlanta, Georgia, died Gifts In Honor Of Judge Rosser Adams Malone September 19, 2000. Born in Pittsburgh, Pennsylvania, he Mr. Thomas William Malone graduated from Columbia University with a B.A. in 1974 and Vanderbilt University School of Law with a J.D. in Gifts In Honor Of Mary Kelley Norton 1977. He was admitted to the State Bar of Georgia in 1977, Mr. & Mrs. Robert W. Chasteen, Jr. and he spent his career with Troutman Sanders LLP. He was a member of the American Bar Association and the Gifts In Honor Of Harry N. Patterson Atlanta Bar Association. He is survived by his parents, Dr. Ms. Denise H. Bare and Mrs. Thomas J. Hartland, 5 brothers, and 1 sister. Mr. Cliff Brashier Ms. Sharon L. Bryant Thank You Mr. & Mrs. Robert W. Chasteen, Jr. Mr. & Mrs. Richard Wilkes The Lawyers Foundation of Georgia would like to thank the following for their memorial gifts: Gifts In Honor Of Joan G. Raley Mr. Rudolph N. Patterson Gifts In Honor Of Darrion Pam Bullock Mr. Sterling P. Eaves Gifts In Memory Of Mrs. Mera Carter Sammon Boller, Sewell & Segars, Inc. Gifts In Honor Of Forrest L. Champion, Jr. Mr. Cliff Brashier Mr. Robert M. Brinson Mr. Thomas C. Chambers III Mr. H. Fielder Martin Mr. Robert W. Chasteen, Jr. State Bar of Georgia Mr. Harold T. Daniel, Jr. Dr. Garland S. McIntyre, Jr., DDS Gifts In Honor Of J. Milton Grubbs, Jr. Judge Adele L. Grubbs Gifts In Honor Of Ralph Shadix Mr. Rudolph N. Patterson Gifts In Honor Of John Wyrron Lipscomb, Sr. Ms. Sharon L. Bryant

Journal Memorials tribute and memorial gift to the Lawyers Foundation of Georgia. An expression of sympathy or a celebra- The Lawyers Foundation of Georgia furnishes tion of a family event that takes the form of a gift to the Georgia Bar Journal with memorials to the Lawyers Foundation of Georgia provides a honor deceased lasting remembrance. members of the Once a gift is re- State Bar of ceived, a written Georgia. These acknowledgement is memorials include sent to the contribu- information about tor, the surviving spouse or other the individual’s family member, and career and accom- the Georgia Bar plishments—like Journal. the one at left. For information about placing a Memorial Gifts memorial, please contact the Lawyers A meaningful way Foundation of Geor- to honor a loved one or to commemorate a special occasion is through a gia at (404) 526-8617 or 800 The Hurt Building, 50 Hurt Plaza, 30303.

DECEMBER 2000 59 lexis nexis new art 4c “comp. yes....cost no.”

60 GEORGIA BAR JOURNAL Properly Communicating with Clients, Part III

by Natalie Thornwell multiple billing formats and arrange- Yellow Pages Advertising – clients’ ments. If you need help choosing an “fingers do the walking” PROPERLY COMMUNICAT- appropriate system, give us a call. When it comes to marketing, be ING with your clients in a way that specific to the market you want to they understand and want to hire you Sexy Client attract, and always be ethical. Check and keep hiring you is direct evidence out some of these materials from our of delivering “quality” legal services. Attraction Methods resource library to learn even more in If you think about all of the items this expansive and vitally important Billing Statements covered thus far, you will probably notice area of client communications: that they can all fall into the category of • The Complete Guide to Marketing Really “Talk” marketing in one way or another. What do Your Law Practice Use billing statements with clients think about the law firms that • Marketing Success Stories: Personal easy-to-read formats. Clients often represent them? How did they become Interviews with 66 Rainmakers want to get to the bottom line your clients in the first place? What • The Lawyer’s Guide to Marketing quickly. So make sure the state- attracted them to your firm? What on the Internet ments you use indicate clearly what marketing techniques work for you? • The ABC’s of Marketing the client owes and by when. Clients Here are a few possibilities: • The ABA Guide to Legal Market- should be able to see not only the File Closing Letter – letter requesting: A Collection of the Best Ideas, account balance, but also any ing client to contact you again if other Approaches, and Success Stories accrued interest or other finance legal matters arise • Marketing and Legal Ethics: The charges, and a complete listing of Referrals – learned of you from Boundaries of Promoting Legal trust account activity. The statement former client, current staff member, Services or invoice format should be very or fellow attorney • Through the Client’s Eyes: New descriptive. Don’t use generic Walk Ins – “our welcome mat is Approaches to Get Clients to Hire descriptions like “legal services” as always there” You Again and Again the complete description of work Radio Advertising – “ . . . didn’t I • Yellow Pages Lawyer Advertising: you performed. You must be ever hear about you on the radio” An Analysis of Effective Elements mindful of the fact that legal work is Case/Contact Management-Gener- • Marketing for Legal Support Staff: often work unseen. So use your ated Reminders – see what our Jay Foonberg’s Proven Techniques billing statements to convey the software can do? • How to Build a Million Dollar quantity and quality of your efforts Firm Brochure – this just caught my eye Practice on a client’s behalf. Newsletter – your firm sent me a • How to Market Your Law Firm When clients sign their fee good update on legal issues in my • Action Steps to Marketing Success agreements, give them a copy of a industry or community • Marketing Your Law Firm on the sample bill. Allow them to review Formal Lawyer Referral Service – Internet this sample and ask you questions check with the Bar for an approved • Marketing the Law Firm: Business about it. This preview is especially list of these agencies Development Techniques recommended if you opt to use a Internet Search – found your If you need more information or more complex format for your billing informative and up-to-date Web site assistance on ways you can improve statements. Also, let clients know Court Appearances – saw you in the operation of your practice by when your office mails out their bill action in court (keep your best foot properly communicating with your or when they should expect to forward; you never know who’s clients, please contact the Law receive their bill. Good time and watching). Practice Management Program at billing software programs are Media Coverage – “ . . . didn’t I see 404-527-8773 or me directly at 404- flexible enough to accommodate you on television?” 527-8770 or [email protected].

DECEMBER 2000 61 lexis publishing/ stackpole new art 4c “SE Transaction Guide”

62 GEORGIA BAR JOURNAL Alcohol/Drug Abuse and Mental Health Hotline If you are a lawyer and have a personal problem that is causing you significant concern, the Lawyer Assistance Program (LAP) can help. Please feel free to call the LAP directly at (800) 327-9631 or one of the volunteer lawyers listed below. All calls are confidential. We simply want to help you. Area Committee Contact Phone Albany ...... H. Stewart Brown ...... (912) 432-1131 Athens ...... Ross McConnell ...... (706) 359-7760 Atlanta ...... Melissa McMorries ...... (404) 522-4700 Florida ...... Patrick Reily ...... (850) 267-1192 Atlanta ...... Henry Troutman ...... (770) 980-0690 Atlanta ...... Brad Marsh ...... (404) 876-2700 Atlanta/Decatur...... Ed Furr ...... (404) 231-5991 Atlanta/Jonesboro ...... Charles Driebe ...... (404) 355-5488 Cornelia ...... Steven C. Adams ...... (706) 778-8600 Fayetteville ...... Glen Howell ...... (770) 460-5250 Hazelhurst ...... Luman Earle ...... (912) 375-5620 Macon ...... Bob Daniel ...... (912) 741-0072 Macon ...... Bob Berlin ...... (912) 745-7931 Norcross ...... Phil McCurdy ...... (770) 662-0760 Rome ...... Bob Henry ...... (706) 234-9442 Savannah ...... Tom Edenfield ...... (912) 234-1568 Valdosta ...... John Bennett ...... (912) 242-0314 Waycross ...... Judge Ben Smith ...... (912) 285-8040 Waynesboro ...... Jerry Daniel ...... (706) 554-5522

south georgia mediation new art bw

DECEMBER 2000 63 Discipline Notices (September 1 - October 25, 2000)

DISBARMENTS 1993. He knew about her financial fees. Hudson has not satisfied the situation because he had been her judgment. James E. Thompson lawyer. Watkins failed to repay the Atlanta, GA client and suggested that he was Joshua Ross Kenyon Attorney James E. Thompson entitled to keep the money to offset Atlanta, Georgia (State Bar No. 708512) has been unpaid legal bills. Watkins was unable Joshua Ross Kenyon (State Bar disbarred from the practice of law by to prove that the client owed him No. 415640) voluntarily surrendered order of the Supreme Court dated money. During the period between his license to practice law in the September 11, 2000. Thompson wrote August and November 1995, Watkins State of Georgia. The Supreme Court checks on his attorney trust account in also collected $20,000 in legal fees accepted Kenyon’s surrender by amounts for which he had insufficient from the client, which was clearly order dated September 11, 2000. funds. Further, he commingled his excessive. While Chief of Staff for the Chair- client’s funds with his own and man of the Fulton County Board of withdrew money for his personal use. Quinton T. Hudson Commissioners, Kenyon accepted Atlanta, GA cash totaling at least $14,000 from a John D. Watkins Attorney Quinton T. Hudson county contractor in violation of Augusta, GA (State Bar No. 374675) has been federal law. Kenyon surrendered his Attorney John D. Watkins (State disbarred from the practice of law by license in connection with pleading Bar No. 740500) has been disbarred order of the Supreme Court dated guilty to the federal felony. from the practice of law by order of October 2, 2000. Hudson advised his the Supreme Court dated September client to create a trust and appoint C. Nelson Jarnagin 11, 2000. Watkins represented a client Hudson and Hudson’s housemate as Brunswick, Georgia for a 40 percent contingency fee. The trustee and successor trustee. C. Nelson Jarnagin (State Bar client was subsequently incarcerated Hudson prepared a trustee fee No. 389494) voluntarily surrendered and Watkins settled the claim without agreement in which he and the his license to practice law in the the client’s permission for $13,500. housemate would receive a large State of Georgia. The Supreme Court Watkins signed as a witness on the amount of trustee fees. Later accepted Jarnagin’s surrender by release; presented the release to the Hudson convinced the client to give order dated October 2, 2000. insurance company; endorsed the him $15,000 which Hudson first Jarnagin pled guilty in the United check; and either placed the client’s characterized as attorney’s fees but States District Court for the District name on the check or allowed the later characterized as a loan. Hudson of South Carolina to a felony violation client’s mother to sign the check. failed to repay loans, deposited the involving transmission of fraudulently Watkins failed to deposit the settle- client’s money in his attorney trust obtained money in foreign com- ment funds into his trust account. account; withdrew the money for his merce. Although Watkins was due $5,400, he personal use, and failed to provide commingled the balance of the money the client with an accounting. After Darryl B. Segraves with his own funds, failed to account the client retained new counsel and a Atlanta, Georgia for the funds, and applied $7,500 to replacement trustee, the client Darryl B. Segraves (State Bar another client’s unpaid fees. obtained a judgment against Hudson No. 634386) voluntarily surrendered In another matter Watkins for $969,000, including compensatory his license to practice law in the borrowed $30,000 from a client in and punitive damages and attorney’s State of Georgia. The Supreme Court

64 GEORGIA BAR JOURNAL accepted Segraves’ surrender by defendants, asked Cannon to repre- the insurance company and the order dated October 23, 2000. sent him in the same case. On July statute of limitations expired. There- Segraves intends to enter a plea of 26, 1999, Mathis withdrew as counsel after, Perry would not return the guilty to a single count of the criminal for Perkins, and Tabb retained clients phone calls. offence of theft by taking. Segraves Cannon. Tabb and Perkins were co- admits that the entry of judgment on defendants in a case in which they Karl Gregory Faeber the plea will constitute a violation of could have raised antagonistic Alpharetta, Georgia Standard 66. defenses, but Cannon continued to Attorney Karl Gregory Faeber represent Tabb and negotiated a plea (State Bar No. 253935) has been SUSPENSION to a lesser offense on Tabb’s behalf ordered to receive a Review Panel in exchange for which Tabb agreed reprimand by order of the Supreme Susanne D. Steinman to testify against Perkins if neces- Court dated September 29, 2000. Bronxville, New York sary. Faeber was hired to by a client to On September 11, 2000, the resolve difficulties she was having Supreme Court suspended Susanne William Lewis Vaughn with a debt collection firm. He mailed D. Steinman (State Bar No. 678250) Macon, Georgia the client a representation letter, for two years. Steinman, an inactive Attorney William Lewis Vaughn which included a provision authoriz- member of the State Bar of Georgia, (State Bar No. 726450) has been ing him to settle her claim, but the admitted that she testified as a ordered to receive a Review Panel client never received the letter. witness in a case in the United States reprimand by order of the Supreme Faeber settled the claim for $1,500 District Court for the Southern Court dated September 8, 2000. A without the client’s authority. Faeber District of New York that she was client hired Vaughn to domesticate a paid himself $1,000 and mailed a admitted to practice before the Florida judgment in the Superior check for the remainder to his client. United States District Court for the Court for Crawford County, Georgia. Faeber did not provide the client the Southern District of Georgia when Vaughn asked for a $250 retainer but terms of the settlement or a release. she was not. did not enter an appearance and did Faeber agreed to repay the $1,500 to not appear for the hearing. The Court his client, waving any claim to PUBLIC REPRIMANDS dismissed the petition for want of attorneys’ fees. prosecution. Vaughn did not tell the None client the case had been dismissed INTERIM SUSPENSIONS for three months. Vaughn did not re- REVIEW PANEL file the petition after he promised to Under State Bar Disciplinary do so, did not respond to any of the Rule 4-204.3(d), a lawyer who REPRIMANDS client’s calls, and did not comply with receives a Notice of Investigation a written request for either an update and fails to file an adequate response Billy C. Mathis and on the case or return of the retainer. with the Investigative Panel may be John Philip Cannon suspended from the practice of law Albany, Georgia Frank B. Perry until an adequate response is filed. Attorneys Billy C. Mathis (State Ringgold, Georgia Since September 1, 2000, two Bar No. 477023) and John Philip Attorney Frank B. Perry (State lawyers have been suspended for Cannon (State Bar No. 107895) have Bar No. 572536) has been ordered to violating this Rule. been ordered to receive a Review receive a Review Panel reprimand Panel reprimand by order of the by order of the Supreme Court dated — Compiled by Connie L. Peavy, Supreme Court dated September 8, September 8, 2000. Perry was hired Clerk, State Disciplinary Board 2000. Both lawyers admit they to represent a couple in connection engaged in a conflict of interest. At with an automobile accident. Perry the time Mathis formed a law notified the insurance company of the partnership with John Cannon, other driver and the driver’s em- Mathis had been appointed to ployer. About a year later the insur- represent Denver Perkins, one of ance company sent Perry a letter three co-defendants in a criminal indicating it had heard nothing further case. Brian Tabb, one of Perkins’ co- from him. Perry failed to respond to

DECEMBER 2000 65 Plaintiff SUV Passenger Sustains Summary of Recently Published Trials Lower Extremity Crushing Fractures and Settles Case for $440,000 Clarke State Ct...... Medical Malpractice - Diagnosis - Cervical Spine Fracture...... $5,000,000 Plaintiff was a 15 year old passenger in Cobb State Ct...... False Imprisonment - Malicious Prosecution - Store...... $246,985 an SUV being operated by his teenage Cobb State Ct...... Wrongful Death - Auto Accident - Single Vehicle...... $1,155,872 friend. The friend was trying to see how Cobb State Ct...... Hospital Negligence - Falldown - Elderly Patient...... $283,000 fast the SUV would go when the vehicle Coweta U.S. District Ct...... Federal Tort Claims Act - Wrongful Death - British Soldier...... $1,200,000 struck a tree. (Wall v. Hill; Fulton Coweta U.S. District Ct...... Civil Rights - Free Speech - Termination...... $15,000 County State Court) DeKalb State Ct...... Auto Accident - Rear-End - Turning...... $220,484 ••• DeKalb State Ct...... Auto/Pedestrian Accident - Parking Lot...... $40,000 Three White Males Win $2,568,281 in Dougherty U.S. District Ct...... Insurance - Bad Faith - Auto Accident ...... $520,000 Race Discrimination Case Against Floyd United Ct...... Civil Rights - Prisoner - Bathroom Facilities...... Defense verdict Fulton County Plaintiffs were supervisors at defendant’s Fulton State Ct...... Falldown - Grocery Store - Wet Floor...... $95,000 water and sewer treatment facilities. One Fulton State Ct...... Medical Malpractice - Cholecystectomy - Pregnant Woman...... Defense verdict was fired and two demoted for allowing a Fulton State Ct...... Wrongful Death - Auto Accident - Construction Site...... $1,875,000 racially hostile environment to exist in Fulton State Ct...... Falldown - Grocery Store - Leaf On Floor...... $49,500 their facility. (Lambert v. Fulton County; Fulton State Ct...... Auto Accident - Intersection - Right-Of-Way...... $650,000 U.S. District Court) Fulton State Ct...... Medical Malpractice - Monitoring - Falldown...... $138,000 ••• Fulton State Ct...... FELA - Excessive Noise - Hearing Loss...... $2,000 Elderly Shopper Falls in Wal-Mart and is Fulton State Ct...... Construction Site - Falling Materials - Windy Day...... $800,000 awarded $347,855 for Her Fractured Hip Fulton State Ct...... Falldown - Parking Lot - Ice...... $42,500 A 72 year old female plaintiff slipped and fell Fulton Superior Ct...... Property Damage - Wooden Deck - Termites...... $7,500. on water just inside Defendant Wal-Mart’s Fulton Superior Ct...... Premises Liability - Residence - Deck Collapse...... Defense verdict entrance. Plaintiff claimed the water had Fulton Superior Ct...... Falldown - Strip Mall - Loose Brick...... Defense verdict accumulated in the area due to defendant’s Fulton Superior Ct...... False Arrest - Malicious Prosecution - Olympic Volunteer...... $11,000 failure to maintain the floor on a rainy day. Fulton Superior Ct...... Auto Accident - Rear-End - Intersection...... $90,000 (Miozza v. Wal-Mart; U.S. District Court) Fulton Superior Ct...... Fraud - Conversion - Trust Assets...... $1,019,000 ••• Wrongful Death Verdict of $1,200,000 Fulton Superior Ct...... Slander - Imputation Of A Crime - Homeowner’s Meeting...... Defense verdict Results From a Brawl at Decedent’s Fulton U.S. District Ct...... Employment - Racial Discrimination - Administrative Position...... $100,000 Employer’s Workplace Fulton U.S. District Ct...... Employment - Reverse Racial Discrimination - Hiring...... Defense verdict Decedent’s employer had a disagreement Fulton U.S. District Ct...... Police - Excessive Force - Effecting Arrest...... Defense verdict with a contractor and a fight ensued. The Fulton U.S. District Ct...... Falldown - Hotel Parking Lot - Curb...... $46,689 fight involved several people, but not the 50 year old decedent who accidentally was struck by an ax and died from a head Let us help you settle your case injury. (Foster v. Powell; DeKalb County The Georgia Trial Reporter is the litigator's best source for impartial verdict State Court) and settlement information from State, Superior and U.S. District courts. ••• For 10 years GTR case evaluations have assisted the Georgia legal Motor Vehicle Accident Results in community in evaluating and settling difficult cases. Our services include Herniated Disc and $1,300,000 Settlement customized research with same-day delivery, a fully searchable CD- Plaintiff fireman was rendering assistance ROM with 10 years of data and a monthly periodical of recent case to another when an auto struck him. summaries. Call 1-888-843-8334. Plaintiff sustained a herniated disc in the low back and had two fusion surgeries, Wade Copeland, of Webb, Carlock, Copeland, Semler & Stair of Atlanta, says, preventing him from pursuing his “Our firm uses The Georgia Trial Reporter's verdict research on a regular basis to assist us occupation. (Park v. Moore; DeKalb in evaluating personal injury cases. We have been extremely pleased with both the results County State Court) and service and would recommend them to both the plaintiff's and defense bar.”

66 GEORGIA BAR JOURNAL Audited 2000 Financial Statement

DECEMBER 2000 67 Audited 2000 Financial Statement

68 GEORGIA BAR JOURNAL Audited 2000 Financial Statement

DECEMBER 2000 69 Audited 2000 Financial Statement

70 GEORGIA BAR JOURNAL Audited 2000 Financial Statement

DECEMBER 2000 71 Audited 2000 Financial Statement

72 GEORGIA BAR JOURNAL NOTICES Proposed Amendments to the Uniform Rules for the Superior Courts

RULE 33.8: DEFENDANT TO nature of the charge(s); status if the defendant is not a citizen BE INFORMED. (B) Informing the defendant on of the United States; At its business meeting on July 24, the record that by entering a plea of (2)(3) the maximum possible 2000, the Council of Superior Court guilty or nolo contendere one waives: sentence on the charge, including that Judges tentatively approved an amend- (1) the right to trial by jury; possible from consecutive sentences ment to the Uniform Rules for the (2) the presumption of inno- and enhanced sentences where Superior Courts, Rule 33.8. The cence; provided by law; and/or, proposed amendment shows exactly (3) the right to confront wit- (3)(4) of the mandatory minimum which language has been changed; nesses against oneself; sentence, if any, on the charge. This additional material has been underlined; (4) the right to subpoena wit- information may be developed by deleted material has been stricken. In nesses; questions from the judge, the district accordance with the procedure for (5) the right to testify and to attorney or the defense attorney or a approval of uniform rules changes and offer other evidence; combination of any of these. with Section XVI of the Rules of the (6) the right to assistance of Supreme Court, the proposed amend- counsel during trial; ment appears below: (7) the right not to incriminate oneself; and that by pleading Advertising Index PROPOSED AMENDMENT TO not guilty or remaining silent ANLIR 4 UNIFORM SUPERIOR COURT and not entering a plea, one Arthur Anthony 73 Rule 33.8: Defendant to be informed. obtains a jury trial; and Basic Systems 44 (first reading, July 24, 2000) (C) Informing the defendant on Bright Direction 50 The judge should not accept a the record: Daniels-Head Insurance 43 plea of guilty or nolo contendere from (1) of the terms of any negoti- a defendant without first: ated plea; Dan Turner Builders 17 (A) Determining on the record (2) that a plea of guilty may have Gilsbar 75 that the defendant understands the an impact on his or her immigration Health Care Auditors 18 HLM Consultants 17 Lexis-Nexis 60 Lexis Publishing 29, 62 Loislaw.com 9 Mainstreet 51 arthur anthony p/u oct Mitchell Kaye Valuation 25 Morningstar 47 National Legal Research 39 pg 7 Nextel 31 North Georgia Mediation 57 Professional Asset Locs. 40 South Georgia Mediation 63 West Group 2, 19

DECEMBER 2000 73 Classifieds

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74 GEORGIA BAR JOURNAL gilsbar pick up oct 00 inside back cover 4c

DECEMBER 2000 75 Pick up 10/00 back cover Kiawah

76 GEORGIA BAR JOURNAL