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Professional Liability Insurance for Lawyers & Law Firms 5DWHG$ ([FHOOHQW E\$0%HVWå3UR$VVXUDQFHFRP The Reveal Logo and TREATED FAIRLY are trademarks of ProAssurance Corporation. June 2010 Volume 15 Number 7 GBJ Legals Departments 14 14 4 From the President Going Private Through 8 From the Executive Director Stock Reclassification 10 From the YLD President by Whalen J. Kuller 50 Bench & Bar GBJ Features 58 Office of the General Counsel 20 60 Lawyer Discipline 2009 Annual Review of Case 62 Law Practice Management Law Development: 66 Coastal Georgia Office Georgia Corporation and 68 Pro Bono 26 Business Organization 72 Section News by Thomas S. Richey 76 Casemaker 26 78 Writing Matters 39 Budget Plays a Prominent 80 Professionalism Page Role in the Historic 2010 84 In Memoriam General Assembly by Tom Boller 86 CLE Calendar 88 Notices 30 95 Classified Resources Want to Multiply the Georgia Tax Dollar? Fund the Domestic 96 Advertisers Index Violence Program by Adrienne Hunter-Strothers 36 Effingham County Courthouse at Springfield: The Grand Old Courthouses of Georgia 66 by Wilber W. Caldwell GBJ Fiction 39 Out From Silence by Cynthia L. Tolbert 78 State Bar of Georgia We’re here for you! Law Practice Management Program The Law Practice Management Program is a member service to help all Georgia lawyers and their employees put together the pieces of the office management puzzle. Whether you need advice on new computers or copiers, personnel issues, compensation, workflow, file organization, tickler systems, library materials or software, we have the resources and training to assist you. Feel free to browse our online forms and article collections, check out a book or videotape from our library, or learn more about our on-site management consultations and training sessions, 404-527-8772. Consumer Assistance Program The Consumer Assistance Program has a dual purpose: assistance to the public and attorneys. CAP responds to inquiries from the public regarding State Bar members and assists the public through informal methods to resolve inquiries which may involve minor violations of disciplinary standards by attorneys. Assistance to is attorneys is of equal importance: CAP assists attorneys as much as possible with referrals, help onlya educational materials, suggestions, solutions, advice and preventive information to help the attorney with consumer matters. The program pledges its best efforts to assist attorneys in making the practice of law more efficient, ethical and professional in nature, 404-527-8759. call, Lawyer Assistance Program This free program provides confidential assistance to Bar members whose personal problems may be or interfering with their ability to practice law. Such click problems include stress, chemical dependency, family problems and mental or emotional impairment, 800-327-9631. Fee Arbitration e-mail The Fee Arbitration program is a service to the general public and lawyers of Georgia. It provides a convenient mechanism for the resolution of fee disputes between attorneys and clients. The actual away. arbitration is a hearing conducted by two experienced attorneys and one non-lawyer citizen. Like judges, they hear the arguments on both sides and decide the outcome of the dispute. Arbitration is impartial and usually less expensive than going to court, 404-527-8750. (404) 527-8700 ■ (800-327-9631) ■ www.gabar.org Editorial Board Quick Dial Donald P. Boyle Jr. Attorney Discipline 800-334-6865 ext. 720 Editor-in-Chief 404-527-8720 Robert Henry Beer Ronald Arthur Lowry Consumer Assistance Program 404-527-8759 Erika Clarke Birg Patricia Irene Lee Conference Room Reservations 404-419-0155 Fee Arbitration 404-527-8750 John Clay Bush Hollie G. Manheimer CLE Transcripts 404-527-8710 Clayton Owen Carmack Olivia Orza Diversity Program 404-527-8754 Charles Madden Cork III Susan Lee Rutherford ETHICS Helpline 800-682-9806 Bridgette Eckerson Paul Gregory Sherman 404-527-8741 Georgia Bar Foundation/IOLTA 404-588-2240 Lynn Gavin Jack P. Smith III Georgia Bar Journal 404-527-8791 Robert Frederick Glass Robert R. Stubbs Lawyer Assistance Program 800-327-9631 Michelle J. Hirsch Kristin H. West Lawyers Foundation of Georgia 404-659-6867 Law Practice Management 404-527-8773 Rajesh Kini Pamela Y. White-Colbert Law-Related Education 404-527-8785 Membership Records 404-527-8777 Editors Emeritus Meetings Information 404-527-8790 Pro Bono Project 404-527-8763 Marcus D. Liner, 04-07 Charles R. Adams III, 89-91 Professionalism 404-225-5040 Rebecca Ann Hoelting, 02-04 L. Dale Owens, 87-89 Sections 404-527-8774 Unlicensed Practice of Law 404-527-8743 Marisa Anne Pagnattaro, 01-02 Donna G. Barwick, 86-87 Young Lawyers Division 404-527-8778 D. Scott Murray, 00-01 James C. Gaulden Jr., 85-86 William Wall Sapp, 99-00 Jerry B. Blackstock, 84-85 Manuscript Submissions The Georgia Bar Journal welcomes the submission of unso- Theodore H. Davis Jr., 97-99 Steven M. Collins, 82-84 licited legal manuscripts on topics of interest to the State Bar L. Brett Lockwood, 95-97 Walter M. Grant, 79-82 of Georgia or written by members of the State Bar of Georgia. Submissions should be 10 to 12 pages, double-spaced (includ- Stephanie B. Manis, 93-95 Stephen E. Raville, 77-79 ing endnotes) and on letter-size paper. Citations should con- form to A UNIFORM SYSTEM OF CITATION (18th ed. 2005). William L. Bost Jr., 91-93 Please address unsolicited articles to: Donald P. Boyle Jr., State Bar of Georgia, Communications Department, 104 Marietta Officers of the State Bar of Georgia St. NW, Suite 100, Atlanta, GA 30303. Authors will be notified of the Editorial Board’s decision regarding publication. Bryan M. Cavan President The Georgia Bar Journal welcomes the submission of news S. Lester Tate III President-Elect about local and circuit bar association happenings, Bar Jeffrey O. Bramlett Immediate Past President members, law firms and topics of interest to attorneys in Georgia. Please send news releases and other information Kenneth J. Shigley Treasurer to: Sarah I. Coole, Director of Communications, 104 C. Wilson DuBose Secretary Marietta St. NW, Suite 100, Atlanta, GA 30303; phone: Amy V. Howell YLD President 404-527-8791; [email protected]. Michael G. Geoffroy YLD President-Elect Disabilities Joshua C. Bell YLD Past President If you have a disability which requires printed materials in alternate formats, please contact the ADA coordinator at 404-527-8700 or 800-334-6865. Communications Committee Headquarters Robert J. Kauffman Chair 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 800-334-6865, 404-527-8700, FAX 404-527-8717 Communications Staff Visit us on the Internet at www.gabar.org. Sarah I. Coole Director South Georgia Office Jennifer R. Mason Assistant Director 244 E. Second St. (31794) P.O. Box 1390 Tifton, GA 31793-1390 Derrick W. Stanley Section Liaison 800-330-0446, 229-387-0446, FAX 229-382-7435 Stephanie J. Wilson Administrative Assistant Coastal Georgia Office 18 E. Bay St. Savannah, GA 31401-1225 877-239-9910, 912-239-9910, FAX 912-239-9970 Publisher’s Statement The Georgia Bar Journal (ISSN-1085-1437) is published six times per year (February, April, June, August, October, December) with a special issue in November by the State Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, Georgia 30303. ©State Bar of Georgia 2010. One copy of each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to non-members. Single copies: $6. Periodicals postage paid in The opinions expressed in the Georgia Bar Journal Atlanta, Georgia and additional mailing offices. Opinions and conclusions expressed in articles herein are those of the authors are those of the authors. The views expressed herein and not necessarily those of the Editorial Board, Communications Committee, Officers or Board of Governors of are not necessarily those of the State Bar of Georgia, the State Bar of Georgia. Advertising rate card will be furnished its Board of Governors or its Executive Committee. upon request. Publishing of an advertisement does not imply endorsement of any product or service offered. POSTMASTER: Send address changes to same address. From the President by Bryan M. Cavan Public Trust: The Battle Continues uring the recent State Bar elections, candi- erations. At least since the time that Shakespeare’s “Dick the Butcher” uttered his infamous and oft-repeat- dates were asked in an open-ended ques- ed suggestion in King Henry VI, lawyers have had to withstand a widespread perception that we are good tion to name the main issues facing the for little besides shuffling papers and stirring up trou- D ble. And how often have we heard the old adage, Bar and state their positions on “nobody likes a lawyer until they need one.” those issues. A tally of the “The real problem is that It is true, of course, that a few bad apples have had a hand in responses from the 36 candi- too large a percentage of spoiling things for the other 99.99 percent of our profession.