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January 1996 Volume57, Number J Pubtlshedsaven Times a Year (The June Issuets a Bat on the COVER: Dlreciory Edition) by the Alabamastale Bat, P.O

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January 1996 Volume57, Number J Pubtlshedsaven Times a Year (The June Issuets a Bat on the COVER: Dlreciory Edition) by the Alabamastale Bat, P.O CommercialM lnsuranc P alpractice e oltcy Whilesome malpractice insurancepolicies can bean incomplete puzzle ... Onecompany puts together allthe pieces. R labama attorneys want coverage where it counts! Many Iii commercial malpractice policies contain a penalty-for-refusal­ to-settle clause. This clause can be used to force an insured to accept an offer of settlement or, if rejected, pay the difference between the offer and the ultimate verdict. By contrast, AIM's policy gives its insureds protection and peace of mind. AIM will not settle a case without an insured's consent and will not penalize an insured for refusing settlement and going to trial. AIM's policy even guarantees its insureds a voice in selecting defense counsel. AIM does what most commercial insurers refuse to do: Serve the best interest of Alabama attorneys. AIM: For the Difference! Attorneys Insurance Mutual of Alabama, Inc." 22 Inve rness Cen te r Parkway Telepho ne (205) 980-0009 Suite 525 Toll Free (600) 526-1246 I Birming ham, A labama 35242-4889 FAX (205)960-9009 * MEMBER: NATIONAL ASSOCIATION OF BAR - RELATED INSURANCE COMPANIES . Anda freeoffer for you. Itsofficial Lawyer.; Oioperative Publishing is the new lf you'vebee n a codesubscriber, keep your official Code of publisherof the officialCode of Alaooina 1975. And the only Alaoorna1975 current and uninterrupted by registering your sourcefor the official code.Bue mere's more here for Alabama LCPsubscript ion now.But even if youdon't, we' ll sendyou a attorneysman just a newname on me codevo lumes.There's copyof ournew General Index FREE. Jus t askyour Lawyers a new,dramatically improved index to go withthem. You see, OioperativePublishing representative to reserve your copy or wecreated our new General Index with gu idancefrom callus at 1-800-762-5272. Alal:amaactomeys across the state. Sonow, you'll have complete, up-to-date coverage of Alabama lllle law.And you'll have an indexyou can reallywork with. LawyersCooperative Publisbing N hup:l/www.lq,.oom The Alabama IN BRIEF a"\Vyer January 1996 Volume57, Number J Pubtlshedsaven times a year (the June Issuets a bat ON THE COVER: dlreciory edition) by the AlabamaStale Bat, P.O . Box 4156, Montgomety, Alabama 36101 •4156 Earlymorning sunlight on the AlabamaCouemor's Mansion. The mansionwas built Phone (334) 269·151 S in 1907as a privateresidence. I n 1950, the stale purchasedthe mansion for Sl00,000 RobonA. Huffal<er........... - ..................Chair t Edl10< (renovationscost S132,000).Although Jim Folsom,Sr. was governorat the time of pur­ Susan Shlrock DePaola.... - ...- .............Vlce,.Chalr & Associate Editor chase, GovernorGordon Persons was the first governorto live there (1951). The man­ RichardF . A»en............ ,,,,,,,,,,, .... Vlce-Chalr. Fl nanca sion includes22 rooms,a chandelierfeaturing 1,368Czechos lovakiancrystal prisms, Susan H. Andres................... ......._. ...... Stait Liaison & Communlca!IO!'lsDirector large gold-leaf mirrors. and a grand southern staircase. See additional photo, page 6 MargaretMu rpny....... Staff Unison & Managing Editor - Photo by Paul Crawford,JD , CLU Bo.rel ot Editors \V!lli1mJ Undilrwood, TlofllC\lfflbi• • JQSept, 8, M.111$,Jt.. Bll'l'l"WIQl\am• A leA:L Holldotd,Jt., Mon100fflerty• Alan T, ROQ9f$,8""*'atwn • J.,,,es G. SteYent.. Montgomo,y• INSIDE rms IS SUE: RObeftW. Btadloird.Jr ., Monl.QOl'Mry• Debonlh A!ay Smllil, Blmw,gtwlm• Nancy L Franklin. 9rmlnghatn • John 0 CumulativeIndex , January 1995 - December 1995 .......................................................22 SotnorviDt,Blm'*'ONlffl • Mikt DMan. Mooli. • Robtrt S.11• era Smith, fblLSYilk!J• Chitin Clewland, 91rmlngt,atn• Glen· cltt Cochtw,, 81rmlngh.-n • U&aM IW11. Birmingham · Hon­ The CloudyFuture of AffU1DativeAction Oebnl K. Gc*Smltl, e.tmll'C!Nffl• Pan'lela L Mablf,Mom· By John RichardCarrigan and John J. Coleman.!11 ... ... .........................................................24 gomery • Stiern T FrMnw\, Bi'mlngham. W&amG. Giintt. Birmingham • Miel\Q,flA. Klrtltind.MonlQOmery • Jona!han Cross, TU9Caloou, P Lelgl\O'Del. ~ • llnda O. Alabama's AmendedEthics Law FU""°, Blrmlngt,am• L-.Juan.JOM. Mon1QOmery• Vlceon• J Franldr'l-5motl.. ~m • M. Donald O,,._ Jt., MobN • By JamesS. Christie, Jr.. AnneS . Hornsbyand Ann P. Vandevelde... .....................................34 Ray 0. ffoojln,JI., 81rmlngharn• L)'M Robertson Jack.son, ClaytOn• Hon. W1Hl11mR. Gotdotl, Mon'.gomeiy Wanted:ugal Employment Boe,rdo r Comml~,...,.. Llataon ._ ................, .. ,-.Samu111"- Rl,l'nlO,.,Jr., 9lrmingt,;am Job Hunt a Struggle for Alabama Grads Oltlcers By Susan CullenAndcrson ........................................................................................................ 41 John A. ONlns. Tutealoow.. , ..,. , ....... .-P rn'deni Watrtn B LIQitltlOOI,Blf'fflil'IOl\artl _ .... _ ..____ P,esidenl·eloec Wll"am O. Mehon. Everg,een_.. ,,_, ,,_, ,_,_,V1Ct-pr8$kleti Not So Fast: Tuming Down that Co-EmployeeLiability CaseCa11 Ktl !h 8. Norman, Mon!gomtry.. - .... -·-·-·- _, .. ..s.e,~ Cost the /1/jured Employee a11dYou Mo11ey Board of Convnl,alonera 15'1C*ca.lll. E. MMXEztl. Bucltr • 2ndCirM, John A..Nlchofa. By GlendaG. Cochranand DavidP. Stevens...... ....................................................................45 LlJveme • 3td0n:la. L)M Aobenton~ Qay,on • 4th a,. M. ~ N, Hobbl. S.lma • 5ft Ciral1LJom Percy Oli"9r, It, ~ • 6U'ICirQ..11. Place No. 1, Wall• P. CrOW11CYOr,Tusc;11 • President's Page.......................................... ..4 CLEOpportunit ies ......................................32 toosa, 6i11Clrail. Place No. 2..J. ~ Meelvy,ltJ9C&lioon • 71'1CirQ.111, Al'#lUf F, File, I.. AMIIIQn • 9thClrt:uil, JQtwi S. Kr/, ExecuLiveDirector 's Report ..........................6 LegislaLiveWrap-Up ..... ...............................40 ~r •9!hdta,;t, W. N. WiJl!Ott.FlPayne • IOI\Circult,P1oee NewAdmittees .. .............................................9 DisciplinaryReport ..... ................................52 Net.1, Simuel1i. Frw,klln, ~ • tOltlCit<UI. Place No 2. J111n•W . Ge'Ml'l• 10lh Circait. Place, Ncl.3, J, M31k,White, Lawyersin the family .................................12 RecentBankruptcy Decis ions .....................55 91""*'01\am• 1om CiraA!l,Ptaoe No ."· San',JeJ A, Rumore,Jt. AboutMembers, Among l"irms .... .............. 16 Memorials...... ..............................................58 • 10ll'ICircui1. P1oct ,.,._ 5. Frtdoril;kT l(t.iy~, Ill. 81rmlno• hem • 1oth Cl~ PieceNo. B, Mae B. Gtnv•. Bl'"*'Oham • BuildingAlabama's Courthouses ................ 20 ClassifiedNotices .......... ...............................63 1°'1 C..0...1,Pl;a No, 1, J. MasonOavil. ~ • 10fl Cir· Opinions of the General Counsel................ 30 OJI!,Plaa Ho. 8, M,,x C, Pope, Jc., Birnvlgham • 10th Cm:uil, Pllee No, 9, Ca.lhyS. WIIQlll.9tmlnghem • 10thC.rou11. BeSM­ mtr Cul-off, G'°'9t Mrg;W,otl\llm, Bcl$$0mt 1 • 111hClrcuil . ALABAMAS TATE 8/\R HEADQUARTERS STAl'F Rohen M. Htl, Jt., Flot9IIOI• 12th~ M. ON Marsh , Eme,, 415 DexterAvtnue , Montgomery.AL 3610,1 (334) 269.1515• FAX (334) 261-6310 prlM • 13:lhOn:uil. PIKlt No. I, Vtao,M Lou.Jr., Mol:l)ii • 131tl E:itecutii.~Olftctor _ .........-,., __ ,.,_ ..Ke ith 8. Norl'f\llt\ MmistionsA.Ut$Wlt..... __ ...._ .._.£1.iAbelh Sh\11,·~ru: Clr(:ull,.Piece Na. 2. Bit, 0, Bedlole, Mobilt • l3th c.ro..i, Pbcrt No. 3. Caineo·Reat, 111,Mobis • tJ::tt C1rcut.Place No.,.~ Eucutiw Assb.tl:nt.•. - ..........,-----·--Matg:t.rtt Boone Alabama Law F'oundation,ln c. Dirtctor_ ....Tracy Da.rdcl jwnen T. Rowt, Mot>lie• 1•1t1Orc:uil, Tom Nichot$Oll.Jru;per • l)ireaor oi ProJtli\rM................. _ .... ,Edw~td M. Pittel'SOO ALFAss.lii.nt ......... ,... ....................................O:iv.-n Howird 1SehCltcut P1ace No,1, Aoben 0. s.11 . Monlgomety• IS!h AdminbtratM Assiwintfor Prognms........ Dianr: \VtJdon Volunt,er Law)'CnProgram Dirtdor ..........__ J\[m Oli\'Cr Cll'Q.lil,Plac:t No, 2, Wandll 0. Ol'\lffllai:t, MonfQC)me,y• 151tl Prog~nU s«rt&ary ............................................Hcidi AJ\'tl Ci1eull. Place No, 3, Jatnet E. Wllllam&.,MoM~ty • 151h VLP P11ml$l •.•--,····-······· .. -···-·······-···Cre t1 CNmble.ss CIIQM,~ No, • . Ric:hard8. GarY.n • 161hClrcult. Aoy 0 DirectOf'"olCammunicatioru & Boo.kkttpc:r·--···- ..--·····---···- ··--···--·-··~le Sklnne-r McCotcl,Gadsden • 17'h c.eull, AichardS. Mtnley,0.mopolt Publiclniorrru1 Ion ... ··- ·····-----· ....SU$11n H.Andr't:$ Cfll&)hiaAttsOir,Clc)t ·- ..· -···-··-··-·····-«'iaitaitStul ler • 18mCiroJII. Contad M, ~.Jr .• Coiurl'tllMla• l!M Cltallt, Publiations Dittctor ........- •.•.- .•.Mara.ant L Murphy Craiihfc:sArts As,Ub.nl---·--- ....-Rod crick Palme-r Jot,n HQllsJckton. Jr,, c,.np, • *1 Cln:ult.W.. M. S.Xlly, Pubtl.CiltioNl'CommunicntlonsSecrttary ....... - ...R113 Gray La"'')'tYRc(ural Stertt.a,y·----Kiither ine.C. Creamer Ootl\an• 21tt Circuit, Ect,;.ardT HIMI, Brewson• 22nd CirOJ1L McmbtrshlpServices Oirtctor ........... Christie T. F'recrntn Rtccpt.ionlst................................................... .Angie Crowt Aontr R. Powei. Ill, Andllueia• Zltd CltQ.ll. Plloe Ho, 1, Donna S. Pale, H~ • 23rd Cwoi1.Ps.o. No.2. POl'ldl K. ~ }le:mht1'1hlpAssistant .. ·-- ···-··-·· ····... .........Ke.Uy C'.ardtn Abibam3Cent.tr for Dispute Jr •. Hunlsville, 241ftOtcult, John A. Rt.lSSell.111,AliorAlle • 25th Dirtctoro( Admi»iM1,...................... Dor0thy D. Johnson RuoluUonDire<IOr ............... Judy Kttglln (269-0409) ~. CWvtfF~ Wood.H;amllr)n • 2$111ClrQ.lil.9owon H . Bnmea.Ptlenlx City • 271hClrail,. JohnC . Gt.latlom,~ ALABAMASTATE
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