December 2019 Volume 25, Number 3
From the Executive GEORGIA BAR Director—Sen. Leroy Johnson: ‘A Jewel in Georgia’s Crown’
’Tis the Season: JOURNAL Giving by Mentoring 2020 Legislative Preview
The Power of One
THE LEGAL Not So Fast! Enforcing Accelerated Rent Clauses in Commercial Lease Agreements GEORGIA LAWYERS HELPING LAWYERS
Georgia Lawyers Helping Lawyers (LHL) is a confidential peer-to-peer program that provides colleagues who u are suffering from stress, depression, addiction or other personal issues in their lives, with a fellow Bar member to be there, listen and help.
In addition to those looking for a peer, the program seeks not only peer volunteers who have experienced particular u mental health or substance use issues, but also those who have experience helping others or just have an interest in extending a helping hand.
For more information, visit: www.GeorgiaLHL.org Don’t forget.
11/01/19: Individual Health Insurance Open Enrollment begins. (First day you can shop for 2020 ACA-compliant health coverage. Group health options available year round.) 12/15/19: Open Enrollment ends. 01/01/20: First day 2020 ACA-compliant health coverage can start.
Need a new health insurance plan? We can help. memberbenefits.com/gabar • 800-282-8626
ADMINISTERED BY: DECEMBER 2019
HEADQUARTERS COASTAL GEORGIA OFFICE SOUTH GEORGIA OFFICE 104 Marietta St. NW, Suite 100 18 E. Bay St. 244 E. Second St. (31794) Atlanta, GA 30303 Savannah, GA 31401-1225 P.O. Box 1390 800-334-6865 | 404-527-8700 877-239-9910 | 912-239-9910 Tifton, GA 31793-1390 Fax 404-527-8717 Fax 912-239-9970 800-330-0446 | 229-387-0446 www.gabar.org Fax 229-382-7435
EDITORIAL BOARD OFFICERS OF THE QUICK DIAL MANUSCRIPT SUBMISSION STATE BAR OF GEORGIA EDITOR-IN-CHIEF ATTORNEY DISCIPLINE The Georgia Bar Journal welcomes the submission of Kristin Poland PRESIDENT 800-334-6865 ext. 720 unsolicited legal manuscripts on topics of interest to Darrell Sutton 404-527-8720 the State Bar of Georgia or written by members of MEMBERS the State Bar of Georgia. Submissions should be 10 Donald P. Boyle Jr. PRESIDENT-ELECT CONSUMER ASSISTANCE PROGRAM to 12 pages, double-spaced (including endnotes) and J. Kyle Brooks Dawn M. Jones 404-527-8759 on letter-size paper. Citations should conform to A Rickie Lee Brown Jr. TREASURER CONFERENCE ROOM RESERVATIONS UNIFORM SYSTEM OF CITATION (19th ed. 2010). John Clay Bush Elizabeth L. Fite 404-419-0155 Please address unsolicited articles to: Kristin Poland, Timothy J. Colletti State Bar of Georgia, Communications Department, Angela Ellen Cusimano SECRETARY FEE ARBITRATION 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. Jacob E. Daly Sarah B. “Sally” Akins 404-527-8750 Authors will be notified of the Editorial Board’s Bridgette E. Eckerson IMMEDIATE PAST PRESIDENT CLE TRANSCRIPTS decision regarding publication. Jake Evans Hon. Kenneth B. Hodges III 404-527-8710 Lynn Gavin The Georgia Bar Journal welcomes the submission Mary Elizabeth Gilchrist YLD PRESIDENT DIVERSITY PROGRAM of news about local and voluntary bar association Megan Turley Hodgkiss Will Davis 404-527-8754 happenings, Bar members, law firms and topics of interest to attorneys in Georgia. Please send news Eric Hooper YLD PRESIDENT-ELECT ETHICS HELPLINE releases and other information to: Sarah I. Coole, Abbey Beth Morrow Bert Hummel 800-682-9806 Director of Communications, 104 Marietta St. NW, Amber L. Nickell 404-527-8741 Kevin Patrick YLD IMMEDIATE PAST PRESIDENT Suite 100, Atlanta, GA 30303; 404-527-8791; Michael Steven Webb Hon. Rizza P. O’Connor GEORGIA BAR FOUNDATION/IOLTA [email protected]. Pamela Y. White-Colbert 404-588-2240 DISABILITIES Mark W. Wortham COMMUNICATIONS GEORGIA BAR JOURNAL If you have a disability which requires printed COMMITTEE 404-527-8791 materials in alternate formats, please call 404-526- EDITORS EMERITUS CO-CHAIR GOVERNMENTAL AFFAIRS 8627 for assistance. Peter C. Canfield 404-526-8608 Bridgette E. Eckerson (2017-19) PUBLISHER’S STATEMENT Timothy J. Colletti (2015-17) CO-CHAIR ICLE Bridgette E. Eckerson (2012-15) Leslie L. Cadle 678-529-6688 The Georgia Bar Journal (ISSN-1085-1437) is published Robert R. Stubbs (2010-12) LAWYER ASSISTANCE PROGRAM six times per year (February, April, June, August, Donald P. Boyle Jr. (2007-10) October, December) by the State Bar of Georgia, COMMUNICATIONS 800-327-9631 Marcus D. Liner (2004-07) 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. DEPARTMENT Rebecca Ann Hoelting (2002-04) LAW PRACTICE MANAGEMENT Copyright State Bar of Georgia 2019. One copy of Marisa Anne Pagnattaro (2001-02) DIRECTOR 404-527-8773 each issue is furnished to members as part of their D. Scott Murray (2000-01) Sarah I. Coole LAW-RELATED EDUCATION State Bar dues. Subscriptions: $36 to non-members. Single copies: $6. Periodicals postage paid in Atlanta, William Wall Sapp (1999-00) ASSISTANT DIRECTOR 404-527-8785 Georgia, and additional mailing offices. Advertising Theodore H. Davis Jr. (1997-99) Jennifer R. Mason L. Brett Lockwood (1995-97) MEMBERSHIP rate card will be furnished upon request. Publishing Stephanie B. Manis (1993-95) COMMUNICATIONS COORDINATOR 404-527-8777 of an advertisement does not imply endorsement of William L. Bost Jr. (1991-93) Ashley G. Stollar MEETINGS INFORMATION any product or service offered. POSTMASTER: Send Charles R. Adams III (1989-91) SOCIAL MEDIA COORDINATOR 404-527-8790 address changes to same address. L. Dale Owens (1987-89) Danyale Brown Donna G. Barwick (1986-87) PRO BONO RESOURCE CENTER James C. Gaulden Jr. (1985-86) ADMINISTRATIVE ASSISTANT 404-527-8763 Jerry B. Blackstock (1984-85) Amber Rikard PROFESSIONALISM Steven M. Collins (1982-84) 404-225-5040 Walter M. Grant (1979-82) SECTIONS Stephen E. Raville (1977-79) 404-527-8782 The opinions expressed in the Georgia Bar TRANSITION INTO LAW PRACTICE Journal are those of the authors. The views 404-527-8704 expressed herein are not necessarily those of the UNLICENSED PRACTICE OF LAW State Bar of Georgia, its Board of Governors or 404-527-8743 its Executive Committee. YOUNG LAWYERS DIVISION 404-527-8778
2 GEORGIA BAR JOURNAL GEORGIA BAR JOURNAL December 2019 | Volume 25 | Number 3 GETTYIMAGES.COM/GAJUS
GBJ | The Features NOT SO FAST! ENFORCING The ACCELERATED RENT 26 ’Tis the Season: Giving by Mentoring CLAUSES IN COMMERCIAL KELLYN O. MCGEE LEASE AGREEMENTS/ 18 Legal Brian P. Watt and Alexandra “Allie” Apple 28 2020 Legislative Preview CHRISTINE BUTCHER HAYES
2019 DECEMBER 3 26
GETTYIMAGES.COM/NASTCO
30 Georgia Lawyer Spotlight 52 Section News A Conversation with Rex D. The New Cannabis GBJ | In Every Issue Smith, Hon. M. Gino Brogdon Sr. and Hemp Law Section Jennifer Dianne Thomas 5 Editor’s Letter and Tami McDowell Ayres Jacob E. Daly 6 From the President 54 Member Benefits 10 From the YLD President 40 Office of the General Counsel Explore Your Bar Benefits: 14 From the Executive Thanks! You Shouldn’t Have . . . State Bar Conference Center Director Paula Frederick and Parking Deck 36 Bench & Bar Sheila Baldwin 42 Attorney Discipline 46 Law Practice Management 44 Legal Tech Tips Committing to Your 2020 Vision 56 Attorney Wellness Natalie R. Kelly My Story: Postpartum Issues, 64 In Memoriam Resources and Recovery 67 ICLE Calendar 48 Pro Bono Amna R. Shirazi 70 Notices The Power of One Sarah Babcock 72 Classified Resources 60 Writing Matters Tackling Block Quotes 72 Advertisers Index 49 Pro Bono Star Story David Hricik and Karen J. Sneddon Janelle Johnson Rhudine Nelson “Dina” Dorsey 62 Professionalism Page Law School and Professional Identity Formation Prof. Patrick E. Longan, Prof. Daisy Hurst Floyd and Prof. Timothy W. Floyd
4 GEORGIA BAR JOURNAL EDITOR’S LETTER
The December Issue December 2019 Volume 25, Number 3 From the Executive GEORGIA BAR Director—Sen. Leroy Johnson: ‘A Jewel in Georgia’s Crown’
’Tis the Season: JOURNAL Giving by Mentoring 2020 Legislative Preview
The Power of One Thank you for reading our December to keep in mind the valuable resources avail- edition of the Georgia Bar Journal. I hope able to assist our members. you will enjoy the content brought to you In anticipation of what promises to be this month. a busy legislative session beginning on With their informative article “Not So Jan. 13, 2020, we are featuring a preview Fast! Enforcing Accelerated Rent Clauses of important legislation that will be up for
THE LEGAL in Commercial Lease Agreements,” Brian P. debate. Study committees have been active Not So Fast! Enforcing Accelerated Rent Clauses in Watt and Alexandra “Allie” Apple walk us this fall on a wide variety of legislative is- Commercial Lease Agreements through the law surrounding the enforce- sues. Some proposed legislation of particu- 1219GBJ_cover.indd 1 11/22/2019 2:48:25 PM ON THE COVER ment of clauses for accelerated rent in the lar note to our members include revisions GETTYIMAGES.COM/GAJUS event of breach in commercial leases. The to Title 53 involving trusts and estates, authors included helpful hints on drafting adoption of the Uniform Mediation Act such clauses so as to maximize the odds that and several lawsuit reform bills including they will be upheld in court. setting caps for damages, allowing admis- In his President’s Page, Darrell Sutton sion of evidence regarding seat belt use in invites our members to weigh in on the relation to assumption of risk and appor- VISIT issue of mandatory professional liability tionment of fault, and several revisions to gabar.org insurance. After more than a year of study the Georgia Civil Practice Act. and debate, and substantial feedback from As mentioned in our legislative feature, VIEW ONLINE members, the members of the Professional and as I am sure you all know, Sen. Johnny www.gabar.org/journal Liability Insurance Committee are taking Isakson is retiring at the end of the year af- another look at the issue. There are now ter serving Georgia for the last 15 years in FOLLOW four options for discussion, and I hope you the U.S. Senate. I would like to thank Sen. Twitter @StateBarofGA will consider sharing your thoughts on this Isakson for his dedication to our great state @GeorgiaYLD important topic. and wish him well in his retirement. @iclega In this month’s Attorney Wellness sec- On the topic of service, with approxi- Facebook @statebarofgeorgia tion, Amna Shirazi shares her personal story mately 1,000 new lawyers being sworn in @GeorgiaYLD of juggling her career while having children to our organization each year, the need for @iclega and struggling with postpartum issues of qualified and engaged mentors is great. I YouTube anxiety and insomnia. As a busy attorney and hope you will consider “Giving by Mentor- /StateBarofGeorgia mother myself, Amna’s story moved me, and ing” as encouraged by our TILPP director. Flickr /statebarofgeorgia I am so thankful for her openness and hon- Her article contains a great deal of infor- /yld esty about this difficult topic. I hope her story mation for anyone considering serving as a Instagram will help others experiencing similar issues mentor, as I hope you all will. @statebarofga to seek the help they need and deserve, and Happy Holidays! l @georgiayld LinkedIn /state-bar-of-georgia
KRISTIN POLAND Editor-in-Chief, Georgia Bar Journal [email protected]
2019 DECEMBER 5 GBJ | From the President
Mandatory Professional Liability Insurance? Let Us Hear from You
For more than a year now, the leader- Option One would require all lawyers ship and staff of the State Bar of Georgia in private practice to disclose on their have been studying the issue of manda- license fee statement whether they are tory professional liability insurance. Spe- covered by a malpractice insurance policy. cifically, we are considering a require- The information would be published in ment—as some other state bars have—for each member’s listing in the online Mem- our members who are active in private ber Directory. Lawyers in private practice practice to carry such insurance, or at who fail to disclose would go out of good least to disclose whether they are covered. standing on Sept. 1 of the Bar year, which DARRELL SUTTON As we continue seeking the appropriate is the same date that members who do balance between protecting both the pub- not pay their license fees cease to be in President lic and the profession, we are seeking the good standing. To return to good stand- State Bar of Georgia opinions of Bar members from around the ing, the member would need to make the [email protected] state. There are many questions that have insurance disclosure to the Membership to be asked and answered before proceed- Department of the Bar. Lawyers who ing. We are providing a number of ways to have coverage would not be required to collect feedback from Bar members. Before provide information about the insurance getting to those though, an update on the company, policy number or policy limits. options being considered. Bar members exempted from disclo- Our Professional Liability Insur- sure under Option One include inactive ance (PLI) Committee, chaired by Chris members, government lawyers, in-house Twyman of Rome, is taking a fresh look counsel and arbitrators/mediators. The at the issue of mandatory insurance cov- online Member Directory would also in- erage. After taking into consideration the clude a disclaimer about the PLI disclo- substantial feedback received from Bar sure, similar to the one used by the Colo- members during the past Bar year, the rado Bar: “This information is intended to committee has modified the draft rule present a general overview of legal mal- that was presented to the Board of Gov- practice insurance and is for illustrative ernors last spring, and is also presenting purposes only. It is not intended to rep- three additional options for discussion. resent the actual terms and conditions of
6 GEORGIA BAR JOURNAL any particular malpractice policy. Please OFFICERS’ BLOCK remember that only the relevant insur- ance policy can provide the actual terms, In this issue of the Georgia Bar Journal, we asked our State Bar of coverage, amounts, conditions and exclu- Georgia officers, “What’s the best gift you’ve ever received? What is sions. You should not hesitate to discuss your favorite gift you have ever given?” the issue of malpractice coverage with your lawyer.” Each member with professional li- ability insurance would be required to DARRELL SUTTON maintain documentation showing the President name of her or his professional liability Identifying the best gift you have given is much like insurer, the policy number, term and identifying your best quality (my boyish good looks). coverage limits so that it could be pro- But because I was asked I will tell you: tickets to duced at the request of the Bar. Finally, Hamilton. As for the best gift I have been given, it is members would be required to notify the bow ties, of course! State Bar within 30 days if their insur- ance policy lapses, terminates or is no longer in effect for any reason. DAWN M. JONES Option Two would include all of the President-Elect provisions of Option One, with an ad- ditional provision encouraging lawyers The best gift received? A Holly Hobbie doll that I who are not covered by a PLI policy to absolutely loved to tatters! The best gift given? A take a free voluntary online self‐assess- fax machine I bought with one of my first nursing ment course provided by the Bar and paychecks for my Dad to use at his auto repair shop business in D.C. He fussed about the expense but designed to evaluate the lawyer’s practice LOVED IT! for the risk of malpractice. The assess- ment would be modeled on one used in Colorado. Members could receive CLE ELIZABETH L. FITE credit upon completion of the course. The Treasurer assessment results would be confidential, My dog, Betty White, is among the best gifts I’ve and members would receive information ever received. Please ask to see a picture. My about resources to help reduce the risk of absolute favorite gift to give is flying my parents a malpractice claim. (and now that my father is deceased, my mother) The risk assessment program would to be with family at Christmas. generate information tailored to the law- yer’s needs to reduce the risk of a mal- practice claim. For example, Colorado’s SARAH B. “SALLY” AKINS voluntary risk assessment course includes Secretary 10 self-assessment tests, including devel- oping competent practices; communicat- The best was a book of poetry from my grandfather ing in an effective, timely, professional when I was a young girl. It came with the promise of 25 cents for every poem I memorized and could manner; ensuring that confidentiality recite. I hope the best gift I’ve ever given to my requirements are met; avoiding conflicts family, friends and colleagues is time. Time to laugh, of interest, file management, security and time to be together and time to listen. retention; managing the law firm or legal entity and staff appropriately; charging appropriate fees and making appropri- HON. KENNETH B. HODGES III ate disbursements; ensuring that reliable Immediate Past President trust account practices are in use; access The best given was Christmas 2003. It was an to justice and client development; and engagement ring to Melissa, after giving her wellness and inclusivity. another gift to throw her off from thinking the ring Option Three would include all of was coming. The best received was, yes, the two the provisions of Options One and Two, children, Margaret and Jack, that followed, and the but with two changes: (1) the disclosure 15 (and counting!) wonderful years since. of PLI information would not be pub-
2019 DECEMBER 7 lished on the Bar’s website or otherwise counsel, arbitrators/mediators and inactive be shared with the Office of the Gen- Bar members would still be exempt from eral Counsel, but (2) the self‐assessment the mandatory insurance requirement. course for those lawyers not covered The State Bar will not proceed with would be mandatory. If the lawyer failed any of these options without first ensur- to make the disclosure or, if not covered, ing that all Bar members who wish to of- failed to either complete the assessment fer their opinion have been heard and all or obtain coverage within one year of the questions have been asked and answered. required disclosure date, she or he would So that every Bar member who wishes to go out of good standing on July 1 of the do this has a meaningful opportunity to following Bar year. Also, the Bar would be do so, the PLI committee will be hosting authorized to report self-assessment data town hall style meetings across the state. publicly in the aggregate. The first of these was held in October in Option Four is the proposal that re- conjunction with the Fall Board of Gov- quires lawyers in private practice to be ernors Meeting in Savannah. Bar mem- covered by a PLI policy with limits of no bers were encouraged to share thoughts less than $100,000 per occurrence and and ask questions about the current $300,000 in the aggregate. The provision proposal and other options. Several Bar that required coverage to be non‐eroding members took the opportunity to ask would now apply to only policies with questions and express their views in a minimal limits. This option also would healthy exchange with committee mem- require lawyers to obtain or be covered bers that lasted about 1 1/2 hours. by a PLI policy and to report that to the A second town hall was held Nov. 21 Bar on the license fee statement. Mem- in Rome; a third will take place from 3:30 bers who do not comply would go out of to 5 p.m. on Jan. 10, 2020, at The Geor- good standing as of Sept. 1 of the Bar year. gian Terrace hotel in Atlanta; and a fourth Under Option Four, whether a law- will occur in March in conjunction with yer carries professional liability insurance the Spring Board of Governors Meeting would be public. Each lawyer’s insur- at Chateau Elan in Braselton. Additional ance status would appear in the State Bar town halls are being scheduled for other Member Director as either “yes,” “no” or parts of the state. Watch your email in- “exempt.” Government lawyers, in-house boxes and the Bar’s social media channels for dates and times. In the meantime, the PLI Commit- tee and I want to hear from you. Email me at [email protected] with your thoughts and opinions. Or, contact any of the PLI committee’s members: Chris Twyman, Rome; Sally Akins and Kim- This is your opportunity to make berly Butler, Savannah; Christy Childers, the Bar better by helping us solve a Macon; Stephanie Cooper, Birmingham, Alabama; Hamilton Garner, Moultrie; complicated but important issue. Brandon Goldberg, College Park; Warren Seize it. We’re listening! Hinds, Roswell; Hon. Ken Hodges, Albany; Linley Jones, Toronda Silas, Gary Spencer, Shannon Sprinkle and Meredith Sutton, Atlanta; Maddox Kilgore, Marietta; Da- vid Lefkowitz, Athens; Daniel O’Connor, Vidalia; Dennis Sanders, Thomson; and David Lipscomb, Lawrenceville. This is your opportunity to make the Bar better by helping us solve a com- plicated but important issue. Seize it. We’re listening! l
8 GEORGIA BAR JOURNAL 29YEARS The State Bar of Georgia announces its annual g Fiction Writin
Deadline: Jan. 10, 2020
The Editorial Board of the Georgia Bar Journal is pleased to announce that it will sponsor its Annual Fiction Writing Contest in accordance with the rules set forth below. The purposes of this competition are to enhance interest in the Journal, to encourage excellence in writing by members of the Bar and to provide an innovative vehicle for the illustration of the life and work of lawyers. For more information, contact Sarah I. Coole, Director of Communications, 404-527-8791 or [email protected].
1. The competition is open to any member in good 4. Articles should not be more than 7,500 words in length standing of the State Bar of Georgia, except current and should be submitted electronically. members of the Editorial Board. Authors may 5. Articles will be judged without knowledge of the author’s collaborate, but only one submission from each member identity. The author’s name and State Bar ID number will be considered. should be placed on a separate cover sheet with the name 2. Subject to the following criteria, the article may be on of the story. any fictional topic and may be in any form (humorous, 6. All submissions must be received at State Bar anecdotal, mystery, science fiction, etc.). Among the headquarters in proper form prior to the close of business criteria the Board will consider in judging the articles on a date specified by the Board. Submissions received submitted are: quality of writing; creativity; degree after that date and time will not be considered. Please of interest to lawyers and relevance to their life and direct all submissions to: Sarah I. Coole, Director of work; extent to which the article comports with the Communications, by email to [email protected]. If you established reputation of the Journal; and adherence to do not receive confirmation that your entry has been specified limitations on length and other competition received, please call 404-527-8791. requirements. The Board will not consider any article that, in the sole judgment of the Board, contains matter 7. Depending on the number of submissions, the Board may that is libelous or that violates accepted community elect to solicit outside assistance in reviewing the articles. standards of good taste and decency. The final decision, however, will be made by majority vote of the Board. Contestants will be advised of the 3. All articles submitted to the competition become the results of the competition by letter. Honorable mentions property of the State Bar of Georgia and, by submitting may be announced. the article, the author warrants that all persons and events contained in the article are fictitious, 8. The winning article, if any, will be published. The that any similarity to actual persons or events is Board reserves the right to edit articles and to select purely coincidental and that the article has not been no winner and to publish no article from among those previously published. submitted if the submissions are deemed by the Board not to be of notable quality. GBJ | From the YLD President
2020 Signature Fundraiser to Support Georgia Legal Services Program
The Young Lawyers Division will there was a distressing disproportion be- hold our 2020 Signature Fundraiser on tween the actual need for legal services by March 21 with a St. Patrick’s Day theme. those who could not afford them and the Over the years, our Signature Fundraiser present supply of legal services available has been highly successful in providing to them. In addition, the study found that an evening of fun for Bar members and lawyers tended to concentrate in urban guests, in addition to the primary pur- areas, whereas many of the “indigent” pose of generating significant financial lived in rural areas where legal help was WILL DAVIS support for a worthy Georgia nonprofit less available. organization selected by the YLD Board This first step was followed the next YLD President of Directors. year by another extensive report aimed State Bar of Georgia This year’s beneficiary of the YLD at promoting “provision of legal services [email protected] Signature Fundraiser is the Georgia Le- to indigent persons to the fullest extent gal Services Program (GLSP), which for possible,” including a draft of Articles almost 50 years now has provided civil of Incorporation of Georgia Indigents legal services to low-income residents Legal Services, Inc. It was through the in the 154 Georgia counties outside the efforts of Georgia’s young lawyers that immediate metro-Atlanta area. GLSP is a the Georgia Legal Services Program was most appropriate choice as our 2020 ben- created in 1971. eficiary, as it was actually the brainchild All Georgians have a right to high-qual- of a group of visionary members of the ity legal services regardless of their ability YLD (then known as the Younger Law- to pay. Our state’s population growth and yers Section) in the late 1960s and early economic prosperity has not and will not 1970s, and it also happens to be where I close the justice gap. As we get ready to began my career as a young lawyer a de- turn the calendar from 2019 to 2020, the cade ago in Albany. need for GLSP—whose mission is to pro- In 1968, Georgia young lawyers initi- vide civil legal services for persons with low ated a study of the pressing need for low- incomes, creating equal access to justice and income Georgians to have access to legal opportunities out of poverty—is as great, if representation. That study concluded not greater, than it was a half-century ago.
10 GEORGIA BAR JOURNAL OFFICERS’ BLOCK In this issue of the Georgia Bar Journal, we asked our YLD officers, “What’s the best gift you’ve ever received? What is your favorite gift you have ever given?”
WILL DAVIS | YLD President Jared and I traveled to New York City to celebrate his birthday, which I think is the favorite gift I've given! I received a gift from my grandfather that allowed me to study abroad in Spain for a semester in undergrad, and According to a 2007-08 Georgia Civil those memories are irreplaceable. Legal Needs Study conducted by Ken- nesaw State University, more than 60 BERT HUMMEL | YLD President-Elect percent of low- and moderate-income The best gift I’ve given is actually the same as the households in Georgia experience one or best gift I’ve received. My daughter, Mary Olivia, “MO,” more civil legal needs per year. is the best gift I’ve given the world and the best I’ve Currently, 70 percent of all Georgia ever received. attorneys practice in five metro-Atlanta counties: Fulton, DeKalb, Cobb, Gwinnett ELISSA B. HAYNES | YLD Treasurer and Clayton, which are covered by Atlanta Legal Aid. That leaves only 30 percent of One of the best gifts I received was my mother funding my all Georgia attorneys to cover the other study abroad program in college (and her forgiving me 154 counties outside the immediate metro for staying in 5-star hotels instead of hostels). A favorite gift that I’ve gifted is a hand-calligraphed (by me) Hillary area. GLSP is thus an invaluable resource Clinton quote for a law school friend’s daughter. for residents in the vast majority of our state who need but cannot afford legal ser- RON DANIELS | YLD Secretary vices. When I worked for GLSP in Albany, our office housed six lawyers that served When I was four years old I got The Real Ghostbusters clients in nearly 30 counties across South- Proton Pack. I remember playing with it for years. The best gift I’ve ever given was a new blender to my grand- west Georgia, including many counties mother. The one she was using was older than me. She’s where zero lawyers maintained an office. going to kill me for writing this. GLSP attorneys and advocates provide free, civil legal services for low-income RIZZA O’CONNOR | YLD Immediate Past President Georgians whose earnings do not exceed My favorite gift received was my Nintendo game system 200 percent of the federal poverty line or that I received in 1990 at the age of 5. My favorite gift are 60 and older. In terms of practice ar- given was an early present to my kids last year, where we eas, available legal services vary across the surprised them with a trip to New York City to see the real state. Some of GLSP’s most experienced Santa at Macy’s. practice areas include family law and do- mestic violence cases, consumer law, edu- ASHLEY AKINS | YLD Newsletter Co-Editor cation law, farm workers’ rights, housing I enjoy giving and receiving experience-type gifts. Fun trips, law and public benefits. concerts and plays with family and friends are my favorite Headquartered at the Bar Center memories. building in downtown Atlanta, GLSP operates nine field offices in Albany, Au- gusta, Athens, Brunswick, Columbus, Dalton, Gainesville, Macon and Savan- AUDREY B. BERGESON | YLD Newsletter Co-Editor nah—enabling GLSP attorneys to repre- It’s cliché, but true: my daughter is the best gift I’ve sent people in civil cases right where they ever received. I was so grateful to become a mom this live. In 2017, GLSP staff helped a total of past year. I’m looking forward to the holiday season and 125,672 people through legal proceedings getting to pick out Christmas gifts for her! across the state.
2019 DECEMBER 11 When GLSP headquarters moved experience as a very green 25-year-old to the Bar Center in 2003, the program attorney. As part of my work, I provided achieved greater visibility among the pri- outreach to limited-English proficient vate bar and began to foster expanded op- individuals, primarily those that spoke portunities for volunteer work and other Spanish. I grew up in a middle class fam- collaborations. The conference center ily in Cobb County, and it was incred- has proven to be a valuable resource for ibly eye opening to meet with clients at training and meetings of all varieties. DFCS offices, libraries, health clinics or GLSP also expanded its outreach to La- in their homes (often seemingly located tino communities and clients in response in the middle of nowhere). In 2009, to the growth in the populations of new phone-based GPS technology was not immigrants around the state, especially in really a thing, and on any given day, I north Georgia. was driving from Albany to Bainbridge In 1982, the State Bar collaborated to Valdosta trying to keep up with what with GLSP to create the Pro Bono Proj- seemed to be a never-ending stream of ect, which assists local bar associations, clients in need. individual private attorneys and com- Each local GLSP office partners with munities in developing pro bono private local private law firms to encourage pro attorney/bar involvement programs in bono involvement with the organization. their areas for the delivery of legal servic- GLSP could not succeed without the con- es to the poor. The project also receives tinued involvement of its pro bono vol- FIND US support from the Chief Justice’s Commis- unteers. GLSP truly makes a statewide sion on Professionalism and the Georgia impact that all members of the State Bar EVERYWHERE Bar Foundation. should be proud of, and I hope that, in Phyllis Holmen, who worked for GLSP choosing GLSP as this year’s fundraiser online and in throughout her 43-year career in the le- beneficiary, we can achieve statewide the cloud gal profession and who served as the pro- support in the form of sponsorships and gram’s executive director for 28 of those tickets sold. years, retired in 2017. The GLSP board GLSP was also the beneficiary of the honored Phyllis as a Champion of Justice inaugural YLD Signature Fundraiser in that year, one of a multitude of awards she 2011, which raised more than $45,000 earned over the course of her leadership in support of GLSP’s tireless dedication of GLSP. to serving citizens in the most under- gabar.org l georgiayld.org Rick Rufolo is the new executive di- served areas of Georgia with needs that georgiamocktrial.org rector of GLSP, and he is supported by would not otherwise be addressed ef- General Counsel/Deputy Director Ira fectively. What is especially great about facebook.com/ Foster and a tremendous team of de- supporting GLSP is the broad breadth statebarofgeorgia partment directors, specialist attorneys, of the program’s impact across the state. flickr.com/gabar managing attorneys, regional operations Likewise, we are counting on Bar mem- youtube.com/ managers, senior staff attorneys, super- bers from all parts of the state to par- statebarofgeorgia vising attorneys and staff attorneys. The ticipate in the Signature Fundraiser and State Bar of Georgia Board of Governors donate to this worthy cause. The money twitter.com/statebarofga appoints six members of the 35-member raised will benefit all GLSP offices and LinkedIn/ board of GLSP. their efforts to expand access to justice state-bar-of-georgia GLSP employs many young lawyers, in their regions. sometimes for a few years. The experi- At the time of this writing, only the ence is invaluable to these young lawyers, date of March 21 has been confirmed for some of whom make their careers in pub- the 2020 YLD Signature Fundraiser but lic service. I am proud of the fact that my more details will be presented at the Mid- first job was with GLSP’s Albany office. year Meeting. In January, we will present Within two weeks of joining GLSP various levels of sponsorship opportuni- as a staff attorney, I began representing ties, so please stay tuned for details on the clients in TPO and dispossessory actions event’s location, hours and ticket avail- where I gained incomparable courtroom ability. We hope to see you there! l
12 GEORGIA BAR JOURNAL “And Justice for All” State Bar Campaign for the Georgia Legal Services Program® (GLSP)
You Can Help Close the Justice Gap in Georgia.
Ms. Mason, a family violence survivor, faced serious breast cancer without medical insurance, including Medicaid. The state agency denied her application for Medicaid claiming that she was not eligible because of a federal waiting period created as part of Welfare Reform in the mid-1990’s. GLSP attorneys filed an appeal of the denial, represented the client at an administrative hearing, filed and won a petition in a Georgia superior court, and successfully represented the client in the Georgia Court of Appeals. Because of the favorable Court of appeals decision, the state agency approved our client’s application for Medicaid. With Medicaid, our client obtained life-saving medical care. This case is one of first impression in Georgia and first in the nation to hold that a legal permanent resident who entered the U.S. before the waiting period went into effect in 1996 and remained physically present was not subject to the five-year waiting period for Medicaid eligibility imposed as part of federal Welfare Reform. Because of GLSP’s advocacy, the state agency and the Office of the Attorney General are on notice about the legal application of the five-year waiting period. Give to the Georgia Legal Services Program at www.glsp.org. Thank you for your generosity and support! 2019 “And Justice for All” State Bar Campaign for the Georgia Legal Services Program®
The Georgia Legal Services Program (GLSP) is a 501(c)(3) nonprofit law firm. Gifts to GLSP are tax-deductible to the fullest extent allowed by law. The client story is used with permission. The name does not necessarily represent the actual client.
Ten (10) GLSP offices outside metro Atlanta serve 154 of Georgia’s 159 counties. Your gift makes a difference! GBJ | From the Executive Director
Sen. Leroy Johnson: ‘A Jewel in Georgia’s Crown’
The passing of former Georgia State before entering law school. Unable to Sen. Leroy Johnson on Oct. 24 at the age study law at the then-segregated Univer- of 91 was mourned throughout the state’s sity of Georgia, he attended North Caro- civil rights community, under the gold lina Central University, where he earned dome of the State Capitol and among his his law degree in 1957. JEFF DAVIS colleagues in the legal profession. As the first African-American hired Known primarily for being the first by the Fulton County Solicitor General’s Executive Director African-American elected to the Georgia Office (now District Attorney’s Office), State Bar of Georgia Senate since Reconstruction, Johnson was Johnson worked as a criminal investiga- [email protected] an accomplished attorney in Atlanta dur- tor from 1957 to 1962. During the same ing the Civil Rights Movement and was period, Johnson was an adviser—along still practicing law more than 50 years af- with business leader Jesse Hill and educa- This is the ninth in ter his admission to the Georgia Bar. tor Whitney Young—to the black college a series of articles According to his New Georgia Encyclo- students carrying out Atlanta’s first civil highlighting the pedia biography written by the late Tom rights demonstrations. heroic and vital Crawford, Leroy Reginald Johnson was Those demonstrations included mass contributions lawyers born on July 28, 1928, in Atlanta. In 1945, sit-ins at the lunch counters of Rich’s de- and judges have made he graduated from Booker T. Washing- partment stores in Atlanta. Among the to the American Civil ton High School and attended Morehouse students Johnson advised was Julian Bond, Rights Movement. College, where he earned a bachelor’s de- himself a future Georgia legislator and na- gree in 1949, and Atlanta University (now tionally prominent civil rights leader. Clark Atlanta University), receiving a mas- Johnson’s political career began when, ter’s degree in 1951. He married Cleopatra as Crawford explained, “Georgia’s county Whittington in 1948, and they had one unit system of allocating seats in the Gen- son, Michael Vince. eral Assembly was overturned in a histor- Johnson taught social science in the ic ‘one man, one vote’ court decision in Atlanta public schools from 1950 to 1954 1962. The ruling resulted in the creation
14 GEORGIA BAR JOURNAL of a predominantly black Senate district in Fulton County, and Johnson won the seat in 1962 —making him the first Afri- can-American to serve in the Legislature since 1907.” Johnson defeated three white opponents with 70 percent of the vote in the 38th District. When he took his historic oath of of- fice in January 1963, Johnson joined a particularly noteworthy freshman class in the Senate. Also taking his seat that year was a peanut farmer from Plains named Jimmy Carter, who would later be elected as governor and as the 39th president of the United States. “Employees in the segregated state cafeteria balked at serving food to John- son during that first year,” Crawford wrote, “but he persevered and became an influential lawmaker, rising to the position of chairman of the powerful Judiciary Committee.” In 1965, 11 African-Americans were elected to the Georgia House of Repre- sentatives after the Civil Rights Act of 1964 and Voting Rights Act of 1965 were approved by Congress and signed into law by President Lyndon B. Johnson. One of those newly elected legislators was the aforementioned Julian Bond. But in Janu- ary 1966, a motion was made in the Geor- gia House not to seat Bond because of his outspoken opposition to the Vietnam War and support for those who avoided the military draft.
Testifying on behalf of Bond in a House TIMES PHOTO CREDIT: NEW YORK hearing on the motion was none other Sen. Leroy Johnson, 1928-2019
2019 DECEMBER 15 “Johnson devoted his life to making change. It can be easy to forget that we stand upon the shoulders of those who blazed the trails we are now on. He is truly a jewel in Georgia’s crown.” —State Sen. Gloria Butler
than Sen. Leroy Johnson. The House still In 1996, Johnson’s portrait was placed of colored,’ Johnson said in 2008. ‘None voted overwhelmingly against seating on the third floor of the State Capitol, of this was done with a news camera Bond, but the U.S. Supreme Court ruled near the Senate chamber. The Senate pointed to capture the fact.’ Shortly af- that Bond’s freedom of speech had been vi- voted unanimously during its 2000 ses- ter, then-Gov. Carl Sanders removed the olated and ordered the House to seat him. sion to rename a portion of Fulton Indus- signs from Capitol.” Four years later, Johnson was credited trial Boulevard as Leroy Johnson-Fulton In the days following Johnson’s death, with leading the effort to enable Muham- Industrial Boulevard. Gov. Brian Kemp signed an executive mad Ali, whose boxing license had been In 2017, the State Bar of Georgia’s order allowing for the former senator’s suspended earlier over his opposition and Committee to Promote Inclusion in the body to lie in state in the Capitol Rotun- refusal to serve in Vietnam, to restart his Profession honored Sen. Johnson with da, a rarely bestowed honor. Additional- legendary career with a fight in Atlanta, the Randolph Thrower Lifetime Achieve- ly, the governor ordered flags across the at a time when other cities were refus- ment Award, which recognizes an out- state to be flown at half-staff on the day ing to do so. Johnson was instrumental in standing individual who has dedicated his of Johnson’s funeral at Ebenezer Baptist staging Ali’s match against Jerry Quarry or her career to providing opportunities Church in Atlanta, where he had served at the old Municipal Auditorium, accord- that foster a more diverse legal profession as chairman of the board. ing to Crawford, who wrote, “The bout for members of underrepresented groups “Leroy Johnson was as grand and dy- with Quarry attracted national attention in Georgia. namic a figure in the law as there ever and helped pave the way for Ali to even- “I read a quote once that said, ‘When was. His public life was committed to tually reclaim the heavyweight crown.” you do your best, help will come from what he called ‘changing the impression’ Johnson served in the Senate through unexpected places,’” Johnson said upon of the capabilities of excluded people. The 1975, having made an unsuccessful bid receiving the award. “And that’s what I great and lasting impact of his more than for mayor of Atlanta in 1973. For sev- did. It’s been a very moving experience half-century devotion to that principle eral years in the 1980s, Johnson was for me to be able to help others.” is a lesson in not only how to get things executive director of the Atlanta-Fulton The Atlanta Journal-Constitution report- done, but why,” said Pope. County Recreation Authority, and he ed following his death, “Johnson can be Many accolades from state lead- remained active in the practice of law at credited with working to quietly desegre- ers were reported following Johnson’s least through 2008, often working pro gate the Georgia Capitol. Johnson in 2008 death, including one from state Sen. Glo- bono for those who needed legal rep- told the story as part of an oral history ria Butler, who told the AJC that Johnson resentation but were unable to afford project organized by then-Senate Presi- devoted his life to “making change. It can an attorney. dent Pro Tem Eric Johnson. On John- be easy to forget that we stand upon the Derrick Alexander Pope, managing di- son’s first day in office, the restrooms, shoulders of those who blazed the trails rector of the Arc of Justice Institute, said drinking fountains and chamber galleries we are now on. He is truly a jewel in of Johnson, “He had an unwavering love were labeled ‘white’ and ‘colored,’ he said. Georgia’s crown.” l for the law and its power to be a useful And all the pages who delivered messages tool in changing people’s lives. He was to lawmakers were white. Thanks to Linton Johnson, media consul- especially proud of the work he did for “‘I carried my pages into restrooms tant to the Bar, for his assistance in research- his clients. He would speak passionately that said white instead of colored. And ing and drafting this article. These articles about his role in being their advocate, es- when we got to the water fountain, I are in support of the Arc of Justice Institute pecially those cases where an imbalance had them drink from the water fountain and its Hidden Legal Figures project. For of power was present.” that had the sign that said white instead more information, visit onthearc.net.
16 GEORGIA BAR JOURNAL
GBJ | The Legal
Not So Fast! Enforcing Accelerated Rent Clauses in Commercial Lease Agreements
This article explains the three key criteria for enforcing accelerated rent provisions in commercial leases, as well as the method for calculating accelerated rent, and offers practical tips for drafting accelerated rent provisions governed by Georgia law. BY BRIAN P. WATT AND ALEXANDRA “ALLIE” APPLE
The typical commercial lease agreement affords the landlord a plethora of remedies when a tenant defaults. One commonly in- cluded remedy allows the landlord to acceler- ate future rent payments for the remainder of the lease term as damages for the tenant’s breach. Lease provisions providing this type of remedy are known as accelerated rent pro- visions. While these provisions are common in commercial leases, the language used (or not used) in the provisions often runs afoul of Georgia’s strict criteria for enforcement.
Accelerated Rent Provisions Generally As a threshold matter, acceleration of rent due to tenant default must be a remedy expressly provided for in the lease; if the lease does not contain a clause allowing for the collection of future-accruing rent, the landlord is typically
GETTYIMAGES.COM/GAJUS entitled to collect rent from the tenant only
2019 DECEMBER 19 as rent becomes due for the remainder of provide for damages rather than for a the term, plus whatever other damages penalty; and, third, the sum stipulated might have accrued at the time of the ten- must be a reasonable pre-estimate of the ant’s default.1 Moreover, in the absence of probable loss.”6 The enforceability of ac- an accelerated rent provision or language celerated rent provisions is a question of expressly permitting the recovery of rent law for the court.7 If the clause at issue that accrues after a tenant is dispossessed, fails to meet any one of the three parts an eviction of the tenant usually termi- of the test, then the accelerated rent nates the lease and cuts off the landlord’s provision will be found unenforceable right to collect rent after the eviction is and invalid.8 Because of Georgia’s strict carried out.2 As with most contract terms, interpretation of accelerated rent provi- however, merely having an accelerated sions, it is critical that both tenants and rent provision in the lease does not guar- landlords alike pay close attention to antee the landlord’s recovery under such the language of these clauses during the a provision. lease drafting process. In Georgia, accelerated rent provisions This article explains the three key cri- are scrutinized by the courts as liquidated teria for enforcing accelerated rent provi- damages provisions.3 Under a typical liq- sions in commercial leases, as well as the uidated damages clause, the contracting method for calculating accelerated rent. parties agree on a specific amount of dam- Based on this three-pronged analysis, this ages to be recovered by the non-breach- article also offers practical tips for draft- ing party upon the other’s breach of the ing accelerated rent provisions governed contract.4 Accelerated rent provisions in by Georgia law. commercial leases essentially do the same thing: the parties to the lease agree on a sum of money (or a formula for arriving Criteria for Enforcing at a sum of money) to be payable to the Accelerated Rent Provisions landlord as damages upon an event of de- As set forth by the Supreme Court of fault by the tenant. Georgia in Southeastern Land Fund, Inc. v. Georgia courts utilize a strict three- Real Estate World, Inc.,9 a liquidated dam- part test to determine whether an ac- ages provision will be enforced if the fol- celerated rent provision is valid as a lowing three factors are satisfied: (1) the liquidated damages provision or invalid injury caused by the breach is difficult or as an unenforceable penalty.5 “First, the impossible to accurately determine at the injury caused by the breach must be dif- time of contracting; (2) the parties intend ficult or impossible of accurate estima- to provide for damages rather than a pen- tion; second, the parties must intend to alty; and (3) the sum is a reasonable pre- estimate of the probable loss. An accel- erated rent provision that meets all three criteria will be upheld as a valid and en- forceable liquidated damages clause.10 “If these requirements are not met, then the Because of Georgia’s strict interpretation of accelerated rent provision ‘fails as a pen- accelerated rent provisions, it is critical that alty’” and will likely be found by a Georgia court to be unenforceable.11 both tenants and landlords alike pay close attention to the language of these clauses The injury caused by the tenant’s breach of the lease must be difficult during the lease drafting process. or impossible of accurate estimation at the time of contracting. The first prong of Georgia’s test for en- forcing accelerated rent provisions—that is, that the damages must be difficult or impossible to estimate when the lease is executed—is usually fairly easy to satisfy.
20 GEORGIA BAR JOURNAL Although the amount of damage for nor does it otherwise manifest an intent come damages as “the difference between a breach of the lease is easily stated in to treat it as a provision for liquidated what the tenant would have had to pay theory, and easily applied when dam- damages.”18 Similarly, if the lease explic- in rent for the balance of the term, and ages are sought at the end of the lease itly states the accelerated rent damages the fair rental value of the premises for term, a concrete estimation of damage provided for in the lease are not liquidat- the balance of the term.”27 In this context, is not always easily made when the ac- ed damages, then a court is more likely to “accelerated rent” is something of a mis- tion seeks to collect immediate lump find the accelerated rent provision to be a nomer. Georgia law does not permit the sum damages in the form of acceler- penalty, and therefore invalid.19 recovery in advance of all rental amounts ated rent on a lease breached with a Many accelerated rent provisions ex- that would come due for the balance of substantial amount of time remaining plicitly state that the contemplated dam- the lease term. Rather, enforcing an ac- in the term.12 ages are “liquidated damages” and/or “are celerated rent provision allows a landlord not a penalty.” Courts have relied on such to recover the remaining rent due under The measure of accelerated rent dam- descriptors as indicative of the contract- the lease less the future rental value of the ages, or “the difference between what ing parties’ intent to treat accelerated premises, while also accounting for the the tenant would have had to pay in rent rent as liquidated damages.20 However, probability of reletting the premises.28 for the balance of the term, and the fair such references in and of themselves do If the lease does not impose an obliga- rental value of the premises for the bal- not ensure the enforceability of the pro- tion on the landlord to relet the premises ance of the term,”13 may be difficult to vision under Georgia law.21 Courts may in the event of a tenant default, or if the estimate accurately. instead look beyond the language used in reletting of the premises resides solely Because calculating the damages owed the lease to determine whether the par- within the landlord’s discretion, then a under an accelerated rent provision de- ties intended to provide for liquidated court may deem the accelerated rent pro- pends on a determination of the fair mar- damages or a penalty.22 Furthermore, vision to be an unenforceable penalty.29 In ket value of the balance of the lease term, courts will take into account the actual Peterson v. P.C. Towers, L.P.,30 the Court of this calculation “may require a difficult result of computing such damages.23 If Appeals of Georgia noted: assessment of future market conditions awarding the accelerated rent damages to calculate the future rental value of the would result in a windfall to the land- both possession of the premises and premises, and the probability of reletting lord, then courts will likely find the a present lump sum award of future for the full remaining term.”14 Although provision to be a penalty, and therefore rent without any calculation of dam- the outcome may vary depending on the invalid and unenforceable.24 ages based on the future rental value length of the remaining lease term and of the premises, and the likelihood of the facts of the situation, calculating ac- The sum stipulated must be a reletting, provides [the landlord] with celerated rent owed under such a provi- reasonable pre-estimate of the payment potentially bearing no rea- sion is typically difficult or impossible of probable loss. sonable relation to actual damages. . . . accurate estimation.15 This is especially The third prong of Georgia’s accelerated Accordingly, in order to make a reason- true because the relevant point in time to rent/liquidated damages analysis often able estimate of the difference between determine the enforceability of an accel- presents the most problems to enforce- the rent due in the lease and the actual erated rent provision is the time of execu- ment of an accelerated rent provision. rental value of the premises for the re- tion of the lease.16 The speculative nature “To qualify as enforceable liquidated maining term, this calculation must be of prospectively calculating accelerated damages, the sums sought as accelerated conditioned on an assessment of future rent damages will likely result in a find- rent under the lease must be a reasonable market conditions for the premises to ing of enforceability under the first prong estimate of actual damages.”25 Unless the account for future rental value, and the of Georgia’s test. accelerated rent clause is properly draft- probability of reletting the premises for ed, a landlord will likely have difficulty all or part of the remaining term.31 The parties intend to provide for meeting the third prong of the test. damages rather than for a penalty. The landlord’s ability to relet the Satisfying the third prong also requires If the parties intend the accelerated rent premises for the remainder of the lease that the amount of accelerated rent be re- provision to act as a penalty or punitive term is an important consideration for duced to present value.32 Reduction to deterrent, then the provision will be determining the landlord’s probable present value, however, is not enough found unenforceable and the landlord’s loss.26 If the landlord is able to lease the on its own to ensure enforceability of an recovery of future rent will be prohibit- premises at rental rates comparable to or accelerated rent provision.33 The calcula- ed.17 In Jones v. Clark, the Court of Appeals higher than those in the original lease, the tion of the damages, to be a reasonable of Georgia concluded that an accelerated landlord may be unable to show that the estimate of probable loss, “must be condi- rent provision was unenforceable, in part tenant’s breach resulted in a loss of rental tioned on an assessment of future market because the “lease does not refer to th[e] income to the landlord. Georgia law pre- conditions for the premises to account for provision as one for liquidated damages, scribes the measure of loss of rental in- future rental value, and the probability of
2019 DECEMBER 21 reletting the premises for all or part of the Prong 1: The provision expressly ac- l “As a result of Tenant’s breach of this remaining term.”34 knowledges the landlord’s injury to be dif- Lease, Landlord shall be indemni- Finally, the length of the remaining ficult or impossible to estimate accurately fied for loss of rent by lump sum lease term should also be considered. The at the time of contracting: payment representing the difference between the amount of rent which longer the period of time for which re- l “Tenant and Landlord acknowl- would have been paid in accordance covery is sought, the harder it will be to edge and agree that it is impossible with this Lease for the remainder prove that accelerated rent represents a to estimate these accelerated rent of the Lease Term (using the base reasonable pre-estimate of the landlord’s damages accurately [or “more pre- 35 rent which would have been paid probable loss. cisely”]”; or in accordance with this Lease plus l “Tenant and Landlord acknowledge all taxes, insurance, and other ex- Practical Tips for Drafting and agree that Landlord’s damages penses required to be paid by Tenant Enforceable Accelerated Rent caused by a Tenant breach of this hereunder) and the aggregate fair Provisions Under Georgia Law lease would be difficult or impossible market rent of the leased property Drafters should be careful to ensure that to estimate accurately.” for the remainder of the Lease Term, estimated as of the date of termina- the lease language conditions acceler- Prong 2: The contracting parties intend ated rent on present value calculations, to provide for liquidated damages and not tion, both of which amounts shall future market conditions and the prob- a penalty as a result of a default: be discounted using a discount rate equal to Treasury Securities with ability of reletting the premises so that l “Payment of accelerated rent under maturity date approximately equal to the resulting damages do not constitute this provision is intended not as a the remaining term of the Lease.”39 a penalty against the tenant. Drafters penalty but as liquidated damages”; or should also consider including an ex- l Assuming the remaining contents of press statement that the accelerated rent “Landlord may recover from Ten- the lease do not contradict the effect of damages are liquidated damages and are ant, as full liquidated damages for the accelerated rent provision, and the not a penalty. Although including this Tenant’s breach, the accelerated rent provision follows these guidelines, the language is not a guarantee that the pro- damages.” accelerated rent provision will likely be vision will be enforceable, it does give a The stipulated damages are a Prong 3: enforceable under Georgia law. l little more support to the argument in reasonable pre-estimate of the probable favor of enforceability. loss to be suffered by the landlord: Accelerated rent must be a “reasonable l “Upon breach by Tenant, Tenant shall Brian P. Watt is a partner in estimate of the difference between the rent be liable to Landlord for accelerated the business litigation group due under the lease and the actual rental rent damages, which damages shall at Troutman Sanders LLP, value of the premises for the remaining be limited to (a) the amounts due and where he specializes in term”; otherwise, the clause will be found owing prior to such termination, plus commercial real estate 36 unenforceable as a penalty. Rent accel- (b) the cost of repossessing the Prem- litigation. Watt has experience litigating eration provisions should be clear that various commercial and business ises, plus (c) Landlord’s Reasonable disputes including lease and easement the amount to be recovered is not the full Attorney’s Fees, plus (d) a sum which, amount of the rent and other charges com- disputes, breach of contract actions, at the date of such termination, equals fraud claims, tortious interference ing due for the remainder of the lease, but the present value (discounted at eight claims and other statutory disputes. rather that full amount of rent less the “fair percent (8 percent) per annum [or some rental value” of the premises for the bal- 38 other reasonable discount rate]) of (i) the Alexandra “Allie” Apple is ance of the term, reduced to its net present Rent and all other sums which would an associate in the real 37 value. This approach provides assurance have been due and payable by Tenant estate and construction that the landlord will not receive a windfall hereunder for the remainder of the groups at Troutman Sanders by reletting the premises while still getting LLP, where she focuses on Term less (ii) the aggregate reasonable, commercial real estate transactions, the full rental from the defaulting tenant fair market rental value of the Premises for the balance of the term. including acquisition, leasing and for the same period, accounting for the development of commercial land and Keeping these guidelines in mind, a cost, time, and other factors necessary buildings, and complex construction suggested approach is to include acceler- to relet the Premises and future market matters such as commercial contract ated rent language similar to the follow- conditions bearing on reletting, all of interpretation and negotiations, ing to address each prong of Georgia’s which amounts shall be immediately project delay, breach of contract, three-part test: due and payable”; or surety bond claims and lien claims.
22 GEORGIA BAR JOURNAL Endnotes evicts a tenant and takes possession of tenant default include: “(1) terminating 1. See Kasum Communications, Inc. v. the premises, the lease is terminated and the lease, (2) obtaining another tenant CPI N. Druid Co., 135 Ga. App. 314, the right to claim rent which accrues while holding the original tenant liable 314, 217 S.E.2d 492, 492-93 (1975); after eviction is extinguished, the parties for any deficiency that may occur, or Bentley-Kessinger, Inc. v. Jones, 186 to a lease may contract to hold the (3) permitting the premises to remain Ga. App. 466, 468, 367 S.E.2d 317, 318 lessee liable for post-eviction rent.”); vacant while collecting the agreed-upon (1988) (holding that, absent an express Fuel Mktg., Inc. v. Petroleum Realty rent from the original tenant”). lease provision showing clear intent to Inv. Partners, 267 Ga. App. 780, 782, 2. Rucker v. Wynn, 212 Ga. App. 69, 71, the contrary, landlord could not collect 601 S.E.2d 125, 127-28 (2004) (vacating 441 S.E.2d 417, 420 (1994), overruled on future rent from tenant after eviction); award of future rent to landlord when other grounds by George v. Hercules Real Am. Med. Transp. Group, Inc. v. Glo- the lease did not contain valid provisions Estate Servs., Inc., 339 Ga. App. 843, An, Inc., 235 Ga. App. 464, 465-66, that would allow for such recovery); 851, 795 S.E.2d 81, 89 (2016); Peterson 509 S.E.2d 738, 740 (1998) (noting Lowenberg v. Ford & Assocs., Inc., 165 v. P.C. Towers, L.P., 206 Ga. App. 591, that no statutory or public policy exists Ga. App. 753, 753, 302 S.E.2d 433, 434 591-92, 426 S.E.2d 243, 245 (1992); that “limit[s] a lessee’s right to enter (1983) (noting that, in event of tenant Johnson v. Ashkouti, 193 Ga. App. 810, into a lease in which both parties agree default of a lease, landlord may be 811, 389 S.E.2d 27, 29 (1989). that the lessee shall be liable for rent entitled to damages for nonpayment of 3. Peterson, 206 Ga. App. at 592-93, 426 for the entire term, less that amount rent in the amount already due, as well S.E.2d at 245-46 (noting that the received if the premises are re-let”); Int’l as collecting agreed rent each month accelerated rent provision at issue “either Biochemical Indus., Inc. v. Jamestown as the rent becomes due, to the extent qualifies as an enforceable liquidated Mgmt. Corp., 262 Ga. App. 770, 773, the premises remain vacant); Crolley v. damages provision, or it fails as a 586 S.E.2d 442, 445 (2003) (“Although Crow-Childress-Mobley # 2, 190 Ga. penalty”). See also Jones v. Clark, 147 Ga. the general rule is that when a landlord App. 496, 496, 379 S.E.2d 202, 203-04 App. 657, 659, 249 S.E.2d 619, 620-21 (1989) (noting that landlord remedies for (1978) (finding accelerated rent to be a
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9MJ2THP9WNFQHTRUJYNYNTSHFSZXJ^TZWMJQUNSYMJOZW^GT]TWTSYMJGJSHM Ѭ7JLNTSX (1*HWJINYNXF[FNQFGQJKTWXJW[NSLTSFOZILNSLUFSJQ +TWRTWJNSKTWRFYNTSHTSYFHYYMJRTHPYWNFQTKKNHJ FY TWRTHPYWNFQ%LFGFWTWL \\\LJTWLNFRTHPYWNFQTWL +NSI[TQZSYJJWKTWRXFSIFQNXYTKHTRUJYNYNTS QTHFYNTSXFSIIFYJXZSIJWYMJ;TQZSYJJWXJHYNTS TKYMJRTHPYWNFQ\JGXNYJ 2019 DECEMBER 23 penalty rather than liquidated damages); Bus Sales, Inc., No. 17-CV-01615-CC, 63, 65-66 (2003) (finding clause Glen Oak v. Henderson, 258 Ga. 455, 2017 WL 10410654, at *3 (N.D. Ga. unenforceable, in part, because “the 458-59, 369 S.E.2d 736, 739 (1988) July 27, 2017) (finding accelerated rent lease did not require that [the landlord] (acceleration clause in lease would be provision invalid under this second try to relet the premises in the event of void as a penalty if it fails to meet any of prong, in part because the provision [tenant]’s default”). the criteria for qualification as liquidated “expressly provides that the provision 27. Peterson, 206 Ga. App. at 593, 426 damages). ‘shall not be deemed liquidated S.E.2d at 246 (citing Szabo Assocs., Inc. 4. See, e.g., O.C.G.A. § 13-6-7 (2019). damages’”). v. Peachtree-Piedmont Assocs., 141 Ga. 5. Caincare, Inc. v. Ellison, 272 Ga. App. 20. Caincare, Inc. v. Ellison, 272 Ga. App. App. 654, 654-55, 234 S.E.2d 119, 120 190, 192, 612 S.E.2d 47, 50 (2005); 190, 192, 612 S.E.2d 47, 50 (2005) (1977)). Peterson, 206 Ga. App. at 593, 426 S.E.2d (concluding that the parties intended 28. See Cherry Farms, 2009 WL 2848855, at at 246; Nobles v. Jiffy Mkt. Food Store to provide for damages rather than a *4 (describing the recoverable amount as Corp., 260 Ga. App. 18, 20, 579 S.E.2d penalty because the “agreement explicitly “the ‘extra’ rent (the amount in excess of 63, 65 (2003); Bostick v. CMM Props., states the $10,000 sum and ‘additional the fair market value) that [the tenant] Inc., 337 Ga. App. 853, 855-56, 789 charge’ of $100 per day represent committed itself to under the terms of S.E.2d 211, 213-14 (2016). ‘liquidated damages’”); Nat’l Emergency the lease agreement”). 6. Southeastern Land Fund, Inc. v. Real Servs., Inc. v. Wetherby, 217 Ga. App. 29. Nobles, 260 Ga. App. at 21, 579 S.E.2d at Estate World, Inc., 237 Ga. 227, 230, 227 42, 44, 456 S.E.2d 639, 641 (1995) 66. See also Peterson, 206 Ga. App. at 593, S.E.2d 340, 343 (1976); accord Nobles, 260 (citing “the language of the contract 426 S.E.2d at 246-47. Ga. App. at 20, 579 S.E.2d at 65; Jones, itself,” which used the term “liquidated 30. Peterson, 206 Ga. App. 591, 426 S.E.2d 147 Ga. App. at 659, 249 S.E.2d at 620- damages” to describe the accelerated 243 (1992). 21. rent, as evidence of the parties’ intent). 31. Id. at 593. 7. Peterson, 206 Ga. App. at 592-93, 426 21. See, e.g., Lager’s, LLC v. Palace Laundry, 32. Peterson, 206 Ga. App. at 593, 426 S.E.2d S.E.2d at 246; Carter v. Tokai Fin. Inc., 247 Ga. App. 260, 266, 543 S.E.2d at 246 (finding that “[r]eduction of Servs., Inc., 231 Ga. App. 755, 758, 500 773, 778 (2000) (“The labels and forms the accelerated rent to present value S.E.2d 638, 641 (1998). of words used in a contract do not is a factor tending to establish that the 8. Caincare, 272 Ga. App. at 192, 612 S.E.2d determine whether the provision is accelerated rent sum is a reasonable at 50. enforceable as liquidated damages”). estimate of probable loss”). 9. Southeastern Land Fund, 237 Ga. at 230, 22. See, e.g., Daniels v. Johnson, 191 Ga. App. 33. E.g., Reames Rd., LLC v. Creative Bus 227 S.E.2d at 343. 70, 71, 381 S.E.2d 87, 89 (1989) (‘Where Sales, Inc., No. 17-CV-01615-CC, 2017 10. See, e.g., Daniels v. Johnson, 191 Ga. a designated sum is inserted into a WL 10410654, at *4 (N.D. Ga. July 27, App. 70, 71, 381 S.E.2d 87, 89 (1989) contract for the purpose of deterring one 2017) (“The fact that [the accelerated (applying the enforceability of liquidated or both of the parties from breaching it, rent provision] discounts the value of damages test and noting, “[t]he it is a penalty.”); Cherry Farms, LLC v. all future rent to present value does not provision in a contract will be treated as Saulat Enters., Inc., No. 409cv043, 2009 transform the unenforceable penalty into enforceable liquidated damages rather WL 2848855, at *3 (S.D. Ga. Sept. 2, a damages clause.”). than an unenforceable penalty only if all 2009) (noting that the parties’ intent to 34. Peterson, 206 Ga. App. at 593, 426 S.E.2d three of the factors are present”). make an accelerated rent provision one at 247. 11. Nobles, 260 Ga. App. at 20, 579 S.E.2d for liquidated damages does not need to 35. See Nobles v. Jiffy Mkt. Food Store at 65 (quoting Peterson, 260 Ga. App. at be expressly stated, and that the parties Corp., 260 Ga. App. 18, 21, 579 S.E.2d 592, 426 S.E.2d at 246). may ‘“otherwise manifest an intent to 63, 66 (2003) (declining to enforce an 12. Peterson, 206 Ga. App. at 593, 426 S.E.2d treat the provision as a provision for accelerated rent provision seeking 18 at 246. liquidated damages”’ (quoting Jones v. years of unaccrued rent as “neither the 13. Id. Clark, 147 Ga. App. 657, 659, 249 S.E.2d lease nor any evidence cited to this 14. Id. 619, 620-21 (1978))). court attempted to determine whether 15. See Cherry Farms, LLC v. Saulat Enters., 23. See Lager’s, 247 Ga. App. at 266, these up-front payments would bear any Inc., No. 409cv043, 2009 WL 2848855, 543 S.E.2d at 778 (finding clause reasonable relationship to [landlord]’s at *3 (S.D. Ga. Sept. 2, 2009). unenforceable when, “[w]hat is clear actual future damages, and it is difficult 16. Joyce’s Submarine Sandwiches, Inc. v. . . . is that the contract’s formula for to infer such a relationship given the Cal. Pub. Employees’ Retirement Sys., computing liquidated damages does lengthy lease period”). 195 Ga. App. 748, 750, 395 S.E.2d 257, not yield a reasonable pre-estimate of 36. Bostick v. CMM Props., Inc., 337 Ga. 259 (1990) (“[T]he relevant period for probable loss”). App. 853, 856, 789 S.E.2d 211, 214 consideration was when the lease was 24. See, e.g., Cherry Farms, 2009 WL (2016). executed by the parties, not at trial”). 2848855, at *4 (citing Peterson v. P.C. 37. Peterson, 206 Ga. App. at 593, 426 S.E.2d 17. See, e.g., Nobles v. Jiffy Mkt. Food Store Towers, L.P., 206 Ga. App. 591, 592, 426 at 246. Corp., 260 Ga. App. 18, 21-22, 579 S.E.2d 243, 245-46 (1992)). 38. See, e.g., Peterson, 206 Ga. App. at 592, S.E.2d 63, 66-67 (2003). 25. Peterson v. P. C. Towers, L.P., 206 Ga. 426 S.E.2d at 245. 18. Jones v. Clark, 147 Ga. App. 657, 659, App. at 593, 426 S.E.2d at 246. 39. Cherry Farms, LLC v. Saulat Enters., 249 S.E.2d 619, 620-21 (1978). 26. Nobles v. Jiffy Mkt. Food Store Corp., Inc., No. 409cv043, 2009 WL 2848855, 19. See, e.g., Reames Rd., LLC v. Creative 260 Ga. App. 18, 21, 579 S.E.2d at *1 (S.D. Ga. Sept. 2, 2009). 24 GEORGIA BAR JOURNAL REGISTER WITH DISCOUNT CODE EP2010 TO RECEIVE $150 OFF STANDARD REGISTRATION www.techshow.com February 26 - 29, 2020 Chicago, IL STATE BAR OF GEORGIA members can get the BEST in legal technology at ABA TECHSHOW Presented By: REGISTRATION OPENS OCTOBER 2019 2019 DECEMBER 25 GBJ | Feature We are entering the time of year that is symbolized by giving. We donate our ’Tis the Season: money to enable organizations to con- tinue the work we believe is making a dif- Giving by Mentoring ference. We volunteer our time to lend a helping hand in support of others. We give As you consider ending this year with more giving, or as you look toward presents. We host parties for our friends, resolutions you wish to make in the coming year, commit to adding “be a or we attend them and give gestures of ap- mentor” to your list. TILPP can help you fulfill that commitment. preciation to our hosts. Giving freely is a synergistic proposition. It lifts the spirits BY KELLYN O. MCGEE of the giver; it is beneficial for the receiver. GETTYIMAGES.COM/NASTCO 26 GEORGIA BAR JOURNAL Service is the greatest form of giving, gia. A lawyer interested in being a mentor If you decide this is not the right time and lawyering is an act of service. Even must meet these minimum qualifications: to be a mentor through TILPP, there are if we are not working in roles labeled as l Be an active member of the State Bar other ways you can serve: participate “public” service, we still serve. Showing of Georgia in good standing; in lunches during the Beginning Law- up as a lawyer is to provide service to yer CLE or Group Mentoring program; l our clients, our communities and our Have been admitted for at least five take a call from a new lawyer who’s just profession. One way to serve our profes- years; starting out in your practice area; contact sion is to become a mentor. In October, l Has maintained a professional TILPP to express your interest in present- 844 people received positive Georgia bar reputation of competence, ethical ing during one of our programs. exam results. Most1 of those people will and professional conduct in the legal As you consider ending this year with become members of the State Bar. With community; more giving, or as you look toward resolu- every group of new members comes l Has never been disbarred or sus- tions you wish to make in the coming year, an opportunity for more experienced pended from the practice of law in commit to adding “be a mentor” to your lawyers to serve by offering their time any jurisdiction and has not, in the list. TILPP can help you fulfill that com- and their experience in order to help 10 years preceding the nomination as mitment. Please contact me if you would newer lawyers navigate the path of the mentor, been otherwise sanctioned like to volunteer. I am also available to visit legal profession. in any jurisdiction; your local bar, committee or section to ex- Newly admitted lawyers in Georgia plain the program in more detail. l l Has not been the subject of a writ- are required to enroll in the Transition ten order that prohibits or otherwise Into Law Practice Program (TILPP), the limits the prospective mentor from mentoring and continuing legal educa- Kellyn O. McGee appearing before that court in the 10 tion program authorized by the Supreme years preceding the nomination as Director, Transition Into Law Court of Georgia,2 unless they qualify Practice Program 3 mentor; and State Bar of Georgia for an exemption or deferment. In or- der to complete the mentoring compo- l Is covered under a professional liabil- [email protected] nent, each new lawyer must choose one ity insurance policy with minimum limits of $250,000/$500,000 or the of three types of mentoring: Inside (for Endnotes new lawyers who join a firm or legal or- equivalent of such coverage through the legal status of his or her employer. 1. Annually, a small number of people who ganization), Outside (for lawyers who passed the bar exam or whose motion for are in solo practice) or Group (for law- During the one-year commitment, admission has been approved decline to yers who are employed part-time or in dedicated mentors agree to help create enroll as members. They are ineligible to a non-legal setting, or who are seeking a mentoring plan4 and ensure it is com- practice law in the state. employment). Lawyers who agree to be 2. See, generally, Bar Rule 8-104. pleted as well as spend meaningful time Inside or Outside mentors provide one- 3. Lawyers who have been admitted with the new lawyer. on-one mentorship. on motion or who have practiced in TILPP provides resources to mentors. As of July 1, 2019, 4,944 Georgia law- another jurisdiction during the two years In the fall of even-numbered years, we of- yers have served as mentors since the in- immediately preceding their admission fer a mentor orientation, which is live in ception of the program in 2006. Approxi- to Georgia are exempted from the Atlanta and simulcast to the Bar’s satellite program. Lawyers who have chosen mately a quarter of those have served at offices in Savannah and Tifton. The orien- Inactive Status or who are not residents least two terms. As of Oct. 31, 13,420 law- tation is optional and provides three hours of Georgia and are not representing yers have enrolled in the program. With of CLE credit at no cost to the mentors. In Georgia clients or are judicial clerks are nearly 1,000 lawyers joining the Bar every odd-numbered years, mentors may view deferred from the program until their year, the need for mentors is great. the webcast of the orientation. There are status changes. Being a mentor in the program is 4. A Model Mentoring Plan is part of the also summaries of the program and manu- unique because it requires an appoint- documents TILPP provides to new als available on the Bar’s website. ment from the Supreme Court of Geor- lawyers and mentors. 2019 DECEMBER 27 GBJ | Feature 2020 Legislative Preview BY CHRISTINE BUTCHER HAYES January 13 marks the start of the 40- Legal Services Corporation of America day legislative session here in Georgia. and a fierce advocate for the Homeless As we barrel forward in an election year, Veterans Prevention Act, which would the 2020 legislative session promises to permit the Department of Veterans Af- be an eventful one. For those attorneys fairs to enter into private-public partner- unfamiliar with the legislative process in ships to provide legal services for home- Georgia, 2020 is year two of this biennial less and at-risk veterans. We are grateful cycle, so any bill that was filed in 2019 but for Sen. Isakson’s service and statesman- did not pass will remain active in 2020. ship, and wish him the best as he returns home to focus on his health. Gov. Brian Kemp is expected to name Elections, Appointments, Odds a replacement for Sen. Isakson before and Ends he steps down on Dec. 31. Pursuant GETTYIMAGES.COM/SEANPAVONE In recent years we’ve seen a number of to the U.S. Constitution and O.C.G.A. House and Senate members vacate their § 21-2-542, Isakson’s replacement will seat mid-term to accept an appointment face two statewide elections in the next (R-Cataula), allowing a court to admit or run for statewide office—but this was three years: the first in November 2020 evidence that a person failed to use a seat- not the case in 2019. Two members of the and the second in November 2022 at the belt to prove a party’s assumption of risk, House resigned for personal or health- completion of that seat’s six-year term. negligence and apportionment of fault, related reasons, and there were no seats among other things; SB 155, sponsored vacated in the Georgia Senate. House Dis- by Sen. Bill Cowsert (R-Athens), limit- trict 71 elected Rep. Phillip Singleton (R- Study Committees and What ing health care damages recovered by a Sharpsburg) in October to fill Rep. David Lies Ahead claimant to the amount actually paid by Stover’s vacated seat and House District Georgia House and Senate members the claimant and the amount necessary 132 in Leesburg will hold a runoff elec- have been studious since they adjourned to satisfy unpaid charges that the claim- tion between Jim Quinn and Bill Yearta on April 2, 2019. Both chambers have ant has a legal obligation to pay; and to fill Rep. Ed Rynder’s vacated seat. actively convened study committees SB 203, sponsored by Sen. John Kennedy Also deserving of belated recognition, throughout the fall to examine specific (R-Macon), which makes several revisions the House swore-in Rep. James Burchett policy issues that did not come to fruition to the Georgia Civil Practice Act, includ- (R-Waycross) during the 2019 legislative last session. Some of these 2019 study ing a provision that sets a proportionality session following his victory in a March committees provide a glimpse of the 2020 standard for the scope of discovery. special election. Burchett practices law in legislative battles to come. Given the work of this study commit- Waycross. This brings the total number Of particular interest to Georgia liti- tee, which is still ongoing, it is likely that a of attorneys in the Georgia House to 24 gators, the Senate Study Committee on few of these pending lawsuit reform bills out of 180 members. Of the Senate’s 56 Reducing Georgia’s Cost of Doing Busi- will be taken up by House and Senate ju- members, 10 are Georgia attorneys. ness has focused on a recent string of diciary committees in January and Febru- While the State Bar typically high- high dollar verdicts in Georgia negligence ary. We plan to keep members up-to-date lights legislative activity at the state level, cases. The study committee comes on the on this legislation through the State Bar’s we would be remiss not to recognize the heels of a number of lawsuit reform bills weekly legislative email and encourage retirement of U.S. Sen. Johnny Isakson, filed in 2019: HR 256, sponsored by Rep. members to reach out to the Bar’s legisla- who has tirelessly represented Georgians Kasey Carpenter (R-Dalton), amending tive team with any questions. in Washington, D.C., for 15 years. During the state constitution so that the General The Legislature and the Governor’s his time in the U.S. Senate, he has been a Assembly may set damage caps by law; Office are also likely to continue their fo- dependable ally of federal funding for the SB 148, sponsored by Sen. Randy Robertson cus on economic development and access 28 GEORGIA BAR JOURNAL to health care. A House study committee to the probate code, trust code and guard- This coming year will be another im- focused on economic growth has looked ianship code changes that have been made portant one for the State Bar under the at opening up the state to casino gaming. over the past eight years. Other proposed Gold Dome. The Legislative and Grass- While casinos have been a topic of legis- changes arise out of court decisions and is- roots Program not only advocates and de- lative conversation for several years, cer- sues that have arisen through practice. fends changes that affect the practice of law, tain members have taken a renewed in- but also issues affecting the judiciary, public terest in gaming because of the potential Adoption of the Uniform Mediation safety, youth and a host of other areas that revenue it can bring to programs like the Act in Georgia. attorneys regularly encounter. We encour- HOPE scholarship. Legislation addressing This proposal is a carryover from the age you to join us, either with your local bar price transparency and lowering health 2019 legislative session. It seeks to adopt associations or individually, for a “Lobby care costs will also be hot topics headed the Uniform Mediation Act in order to Day” at the Capitol. Lawyers are important into an election year. facilitate the resolution of international and productive members of our commu- business disputes more effectively. The nities, and legislators find it meaningful proposal provides that each mediation to hear from their engaged, concerned State Bar Legislation participant holds a privilege with respect constituents. We are grateful to those What’s ahead for the State Bar during the to his or her communications and may who donate to the Legislative and Grass- 2020 legislative session? Here’s a glimpse prevent those communications from be- roots Program, which is funded entirely of the Bar’s 2020 legislative package. ing disclosed or used in a subsequent for- through voluntary contributions upon re- mal proceeding. The proposal would also newal of your Bar license fees, or by visiting Revisions to Title 53 of the Georgia require voluntary private mediators to www.gabar.org/LEG. We appreciate your Code dealing with wills, trusts and disclose conflicts of interest. The Uniform continued support as we continue to ensure administration of estates. Mediation Act has been adopted in 11 a strong and unified voice for the profes- The State Bar’s Fiduciary Law Section states and introduced in New York, Mas- sion under the Gold Dome. l has actively put forth legislation for the sachusetts, Connecticut and Minnesota. last several years that successfully updated Our second ACL meeting took place Georgia’s power of attorney statute, revised Dec. 5. A few additional proposals for the Christine Butcher Hayes the guardianship code and modernized the committee will be considered for final ap- Director, Governmental Affairs trust code. These proposed Title 53 revi- proval at the Board of Governor’s meeting State Bar of Georgia sions are intended to conform existing law in Atlanta on Jan. 11, 2020. [email protected] 2019 DECEMBER 29 GBJ | Georgia Lawyer Spotlight PHOTO BY SARAH I. COOLE A Conversation with Rex D. Smith, Hon. M. Gino Brogdon Sr. and Tami McDowell Ayres In this installment of the Georgia Lawyer Spotlight, Editorial Board Member Jacob E. Daly interviews mediators Rex D. Smith, Miles Mediation & Arbitration, Atlanta; Hon. M. Gino Brogdon Sr., Henning Mediation, Atlanta; and Tami McDowell Ayres, BAY Mediation & Arbitration Services, Atlanta. BY JACOB E. DALY How was mediation viewed when you all cause it was not necessary. Why would we BROGDON: There were a lot more tri- started your respective careers? hire somebody to do something we can do als, particularly in insurance defense. As AYRES: I started practicing in 1985, and over the phone? There were people who a young associate, you could be trying I do not remember cases being mediated. were threatened by mediators because they 10 State Farm cases in two months. But They were either settled or tried. But were about to upset the apple cart. back in the mid-1980s, things like bad- at some point Ed Henning came to my faith claims weren’t as popular, and so firm and talked about mediation. Having SMITH: John Miles tells this story that I you could get a lot of cases settled because known Ed as a litigator, we all thought think is really interesting. He was telling there weren’t factors that would affect the it sounded good. Obviously he was way a judge about mediation and hoping the normal value of a claim. ahead of his time. judge would order some cases for media- tion. He said the judge thought about it SMITH: When I started out, I was trying BROGDON: I got out of law school in for a while and said, “Son, I don’t need to a case about every month. Just one right 1986, and I don’t think it was unanimously be doing any meditation.” after another after another. You were accepted then. I started practicing in At- either trying or preparing to try, and I lanta in 1987 with a midsize insurance de- So were you trying cases more frequently would still say we settled most cases, but fense firm, and there were folks there who back then, or were they just settling with- the proverbial courthouse steps is where thought mediation would never work be- out mediation? they settled. 30 GEORGIA BAR JOURNAL AYRES: I recall that the insurance ad- juster, the attorneys and the clients were rarely together in one room, even at trial. I remember being in trial in front of Judge Jerry Baxter, and he was listening to the plaintiff’s presentation of the case. He took a break, sent the jury out and looked at the defense lawyer and said, “I want you to go call your client right now, the “Becoming a full-time neutral is one of the adjuster, and you tell them that if they are not going to resolve this case, then they few smart things I’ve ever done. I made the need to come down here and listen to decision and never looked back. I don’t have what I’m listening to.” It was a curious thing, but the concept of everyone being one regret.” —Hon. M. Gino Brogdon Sr. in the same room and working toward the same end just didn’t really exist. Was there a particular moment or event that caused you to leave the practice of law and become a full-time mediator? My decision really was a BROGDON: me if I’d be interested in joining its panel try to get the case continued and that if it pragmatic one. When I made the decision of mediators. I told them I’d like an op- had to be tried on Monday, I would try it. to be a full-time mediator, I was at a point portunity to vet myself, and so I met with After I worked late into the evening, I was when I had to balance quality of life. I had Rex again and Gino, and then I probably driving home to tell my lovely bride Mary a good income as a lawyer, but looking at went out with five or six defense attor- that I wasn’t going to be at Thanksgiv- my bank account didn’t make me happy. I neys who had worked against me over the ing dinner, which was going to be at our realized when I did a mediation on Mon- years. I asked them if they thought I’d be house, when Walter called and said, “I got day and a deposition on Tuesday, I was any good at it and if they would hire me, it continued.” I was sitting at the red light really happy on Monday, but on Tuesday and the response was positive. The expe- in front of the Wesley Chapel Methodist I was miserable. As I got more popular as rience has been one I enjoy so much that I Church, and I looked over at that church a mediator, I said, let me ride this wave, regret waiting so long to jump in. and said, “I’m going to go another way.” because it was more fun and the money I call it the Wesley Chapel Methodist from practicing law did not justify the I had a very specific moment, Church moment, and that’s the moment stress. Becoming a full-time neutral is one SMITH: and it’s a sad story to start. I had just I decided to be a full-time mediator. of the few smart things I’ve ever done. I started mediating and for the first time made the decision and never looked back. I had three mediations in a row on the One thing that made the I don’t have one regret. BROGDON: Monday, Tuesday and Wednesday before choice easier for me was some honesty Thanksgiving. I was sitting in my office about what my skills were. I was a very I loved my practice and my part- AYRES: when another attorney came in and said, competent lawyer, but I wasn’t a great ners, so I had a great situation, but after “Rex, I am in serious trouble. I have a big lawyer. I’m a better mediator than I was 25 years of a very demanding litigation case on trial next Monday and I have done a lawyer, and being a mediator appeals to practice, I wanted an opportunity to en- nothing.” I said, “What do you mean?” all the things I like with none of the bad joy more time with my children while I The sad part is this was a wonderful per- stuff. I like being in the middle of some could. At some point after I resigned my son who had worked for about 25 years as tragic, complex, high-emotion, high-stakes equity partnership and became “of coun- hard as he could, and he basically was hav- case, but I didn’t like preparing for trial in sel” with my firm, I thought I’d take a ing a nervous breakdown. I feel very sorry those cases or having the stakes being on mediation course. That’s when Rex first that I didn’t realize it, because he was the my back. I like all the moving parts, and it talked to me and said I should think about kind of person who would go into his of- pays well, but I don’t take any of the stress becoming a mediator. I contemplated it fice, close his door and just work. He had home. Of all my legal jobs, being a media- but, frankly, was enjoying my free time. answered the suit and that was it. It was tor is the least stressful job I’ve ever had I was subsequently approached by some on trial on Monday, and so Walter Mc- because I don’t take myself too seriously, of the principals at BAY, and they asked Clelland and I decided that Walter would and I let the process do what it does. 2019 DECEMBER 31 “It is a blessing to get to do what we do, and I love the people that are participants; I love the professionals; I love the people that are having the problem, the plaintiffs and defendants. It is an extraordinarily enjoyable and rewarding way to contribute and make a living.” —Rex D. Smith SMITH: I cannot tell you how much I en- something that helped a process resolve some of the things I always enjoyed in my joy mediating. It truly is a labor of love, and helped something good come out of practice and in my life. When you do that, and we basically get to hang out with our a tragedy. you can hear the subtleties that are com- friends and talk about things that are very ing through in the words these people are interesting to us. It makes my day when What makes a good mediator? speaking. They need to be heard, and they the lawyers come in and we sit down and BROGDON: Being a good listener and a need to know they’ve been heard. I think start analyzing the problem, and I say person who can stay in his or her lane. it’s about cultivating a relationship within people who tell lawyer jokes don’t know Mediators don’t settle cases; money and that room and building trust. lawyers. They are some of the most hon- conditions settle cases. We take the cred- est, ethical, kind, considerate, intelligent it, but the parties settle the case. I think What is the most important factor that people, and I get to be with them all the a good mediator knows when to hit the attorneys should consider when selecting time. It is a blessing to get to do what we throttle and when to hit the brakes. To be a mediator? do, and I love the people that are partici- effective, a mediator has to have a certain BROGDON: A mediator has to fit the pants; I love the professionals; I love the amount of toughness and willingness to case and the parties. If you don’t have a people that are having the problem, the make people mad or uncomfortable. Also, good fit, the mediation can often be wast- plaintiffs and defendants. It is an extraor- a mediator has to be courageous and cre- ed. My style is not for everyone. I don’t dinarily enjoyable and rewarding way to ative and needs to know when to shut up really change depending on the media- contribute and make a living. and get out of the way and not be invested tion in terms of my style. It’s an evalua- in settling a case. Just being the grease in tive, sometimes aggressive, sometimes AYRES: It’s an incredible opportunity the machine. playful and friendly kind of hugging style. to have an impact and bring out good And that’s not for everybody, so it’s very things in circumstances where people’s SMITH: I think you have to have a lot of personality driven. lives have been decimated. That’s the patience. Also, people need to be heard, kind of practice I had for a long time, so I and I would totally agree with Gino on AYRES: You have to think of your cli- was used to dealing with people who were listening, which is a lost art in America. ent and what they need to hear and how broken and were trying to get their lives You have to be creative. I try to make sure they need to hear it and who might be the back together. It was gratifying to work that I have thrown every idea I possibly best person to deliver that message. I’ve on their behalf in the hopes that I’d bring can at people in terms of how we might been retained in some cases because I’m a about a good resolution. As a mediator, I approach this, so you need to be thinking woman and the attorneys thought that I, get to do that on a daily basis instead of outside the box; you need to be thinking as a female, might be able to relate to the three years to trial. non-traditionally about other avenues plaintiff in a way that would help all par- that might work, other suggestions. A lot ties get the case resolved. That being said, BROGDON: One of the benefits of me- of time I talk about high-lows. You have in my 30 years of practice, I never had a diation that I’m always reminded of is to be persistent. If you’re easily discour- female mediator, but our cases generally that most of my days I’m dealing with aged, you shouldn’t be a mediator because were resolved at mediation. That’s a testa- people who would trade places with me. people are going to react negatively to ment to the fact that good mediators can I worry about my health and my weight, ideas in the beginning. A number of my work with anyone effectively. what people think of me, my finances cases don’t settle the day of mediation, but and all these things, but I’m doing better they settle in the next 30 days. SMITH: I like the key words from both of than most of the people that are the sub- my colleagues here: fit and relatability. I ject of the cases in front of me. So most AYRES: To be a good mediator, you have tell people when I speak on this from time days when I finish a mediation, I drive to really like people. Getting to know oth- to time that a very important decision for home really grateful because I got to do er people and cultivating relationships are you as an advocate or as a litigator is who 32 GEORGIA BAR JOURNAL you choose as your mediator. What do you simple, but the task of getting them down was about and what the issues to be ad- need? Do you need help with your client? and distilling them is just Herculean to dressed. But there were times when we Are there complex issues so that you need me, and so I get pumped when it’s some- would send packets to the defense lawyers subject-matter expertise? Are there per- thing really juicy. The downside of being in advance so that they and their clients sonality considerations? You need to give a mediator is seeing that these are real di- would have an opportunity to see and as much thought to selecting the mediator lemmas—these are really bad things that hear our positions in advance, as well. At as you do in terms of selecting the case if happen to people. But the so-called sex mediation, it is really about educating the you’re on the plaintiff’s side or to selecting appeal, the compelling nature of the cases, clients on both sides of the case as to the the defense counsel if you’re going to be the high human drama, you can’t get a job relative positions. While I was confident hiring defense counsel or retaining an ex- that’s better than being a mediator. I could do that for my client, I wanted to pert. There are different qualities that dif- make it easy for the other side to do it for ferent people bring. Do you need a former Tell us about a mediation tactic by a lawyer their client. So I think just doing your judge? Do you need somebody who can that worked particularly well. homework and being prepared, having do some handholding, can make someone SMITH: I’ll compliment Rob Katz. Rob your client prepared, and, to the extent feel comfortable, can “feel their pain” and had a very difficult case, and he knew there you can, preparing opposing counsel are know that they’ve been hurt? As a litigator, were going to be multiple decision makers, things that should happen in all cases. you have to think through these things and so he put together a 20-minute video and decide who is the person that fits best? gave it to the defendants ahead of time so BROGDON: I say the same thing but a that when they round-tabled the case they little differently. A lawyer who is effective Is there a type of case that you particularly heard his very diplomatic presentation in submitting his or her cases to mediation enjoy mediating? with cuts from the depositions. He knew is effective because they’ve managed expec- SMITH: I want the most complex, diffi- that the people making the decision didn’t tations. Their own client’s expectations as cult, hardest case I can get my hands on. have a lot of time, so he made it very suc- well as the other side’s expectations. Good I like the complexity. I like multi-party cinct, and it was a key factor in getting the lawyers see the evidence and the issues cases. I’m happy do to anything someone case settled. I thought that was an effective pretty much the same, so mediations fail will hire me to do, but what I really want technique from the plaintiff’s point of view most times in my experience when expec- is the case that cannot be settled. of communicating difficult information to tations have not been managed. the ultimate decision makers. AYRES: As former litigators, we all want What is something that attorneys do not the good cases, the hard cases, the compli- AYRES: I was recently involved in a do during mediations that you think they cated cases, the cases that are challenges, discussion about whether preparing for should do? because they afford us an opportunity to mediation by the attorney is a wise in- SMITH: I would never voluntarily not bring our skillset to the forefront and work vestment, including whether mediation take the opportunity to give an opening hard like we’ve done all our professional statements are effective. It was a curi- presentation. I know people who don’t lives. We talked earlier about how gratify- ous discussion for me because I always want to do them or think they are coun- ing it is to bring about resolution, and it’s all prepared for a mediation and provided a terproductive. They are not counterpro- the more gratifying in a case where you’re mediation statement to my mediator so ductive if you do them diplomatically. A having to work extra hard and pull together they had some sense for what the case diplomat is someone who can communi- multiple factions and at the very end, you can tie it up in a bow and say, “It’s done.” My law practice focused on catastrophic personal injury and death cases, so I feel like I have broad experience from a subject- matter standpoint. Having said this, I like mediating medical malpractice cases. As a “As former litigators, we all want the good plaintiff’s lawyer, I handled more than my cases, the hard cases, the complicated cases, fair share of them, and my husband is a phy- sician, so I have a real understanding of the the cases that are challenges, because they dynamics and interests on both sides. afford us an opportunity to bring our skillset to BROGDON: This may sound bizarre, the forefront and work hard like we’ve done all but I want the high-emotion, high-stakes our professional lives. —Tami McDowell Ayres cases. I want the ones where I have to ” pull people away from the cliff, high oc- tane kind of stuff. They are usually fairly 2019 DECEMBER 33 cate difficult, hard information to other are trained to accomplish in an opening, ting ahead of a lawsuit. That was a new people and not alienate them. If I have and so they misuse the opportunity to set- experience for me, but I think that’s the the opportunity to speak to the plaintiff tle the case, which requires the mediator wave of the future. I think we’re going to or the defendant or the decision makers, to put the case back together for the next find people working to get these things I am not going to voluntarily forego that two hours. So I think it’s a case-by-case resolved sooner rather than later, and as unless there is a compelling reason. deal. All those things about the opportu- quickly as possible, because it reduces the nity to apologize are very important, but I parties’ investment, both emotionally and AYRES: I talked about the importance of get less and less enthusiastic about the big financially, and allows them to move on establishing relationships, and if you are production, dog-and-pony shows. with their lives. not speaking, you are not working toward establishing a relationship. For example, Besides the amount of money that each side is SMITH: I agree with that, and I think it the defense should express regret that willing to either accept or pay, what one thing is continuing to grow. I think more and the incident happened. The defense does do you think is most important in determin- more people are receptive to it, and more not have to say, “I’m sorry we did this.” ing whether mediation will be successful? and more companies see the advantages Just say, “I know that this has been a very AYRES: It starts with the mindset of the to it. I had the pleasure of represent- difficult time for you and we regret that parties. Are they there to get the case ing Delta Airlines for almost 20 years, this happened. We are here to see what resolved, or are they there because the and about five years in, I remember the we can do to get it resolved.” You haven’t court required mediation? When the gentleman who led their litigation and promised anything, but you’ve invited a parties come in good faith and try to claims and risk management told me that conversation, which is a starting point, get the case resolved, chances are it will as soon as a lawsuit came in, they wanted and all of a sudden the plaintiff doesn’t see happen because the money and the other to gather as much information as pos- you as these faceless people on the other contingencies can be worked out, espe- sible, as quickly as possible, so we could side of the paperwork she’s been getting. cially when the alternative is to present depose the plaintiff and then mediate the your case to a jury of 12 strangers, with case. He called it a decision point, and he Should that come from the attorney or di- all the attendant costs and preparation wanted to get the cases to a decision point rectly from the defendant? and emotional stress that comes along as quickly as possible. I think this view has AYRES: It should come from everyone, with trial. spread throughout corporate America so if practicable. And then, if the plaintiff that informed judgments can be made as wants to speak, he or she should do so. As a BROGDON: I often say, particularly if I quickly as possible and cases can be re- plaintiff’s attorney, I rarely had clients that sense tension and if people are being ugly solved before significant money is spent wanted to speak, but there were some who in the beginning, that I can’t be effective on experts and attorneys. just needed to have their story told, and just as a mediator if you are not candid with by getting it off their chest, it allowed them me when I really demand your candor. I BROGDON: Regardless of the facts of to move forward. I think that’s on each in- won’t demand it always because you have the underlying event, ultimately it is a dividual lawyer to know what the client’s to bluff me, but when I really need it, will business decision. needs are in that regard, but it humanizes you give it me? I think the candor is the the whole process when people in the room foundation of it. SMITH: For both sides. are speaking and engaging with each other. How do you see the future of mediation? BROGDON: Mediation will become the SMITH: If the client is going to open AYRES: I think we’re going to see it con- norm with trial being the rare exception. l his or her mouth, the attorney needs to tinue to evolve and become bigger than it know what’s going to come out. It does already is. I’m seeing signs of people try- very much humanize the process, but the ing to resolve cases before they are even Jacob E. Daly is of counsel attorney needs to make sure the client is filed, and I think we’ll see mediations ear- with Freeman Mathis & Gary, ready to do that. lier and earlier in the process. The first LLP, in Atlanta and a member three mediations I had were with a lawyer of the Georgia Bar Journal BROGDON: I used to be red hot on open- whose practice is in trying to settle cases Editorial Board. He represents ings thinking all these same things, but before suit is filed. This lawyer reaches private companies, government entities I’ve become cynical about them. Not be- out to potential defendants and says, let and their employees in personal injury cause they don’t work, but because people me take a swing at trying to get these litigation with a focus on defending do them either clumsily or with an insult cases resolved. It was interesting for me property owners, management or in a trial mode or a movie production to come in because the parties have very companies and security companies in or something that is harmful even to their limited information, but I remember re- premises liability lawsuits. own clients. There are a lot of lawyers marking that this is a great idea because who don’t really think about what they it serves both parties’ interests by get- 34 GEORGIA BAR JOURNAL GEORGIA BAR JOURNAL Get Published Earn CLE Credit The Editorial Board of the Georgia Bar Journal is in regular need of scholarly legal articles to print in the Journal. Earn CLE credit, see your name in print and help the legal community by submitting an article today! Submit articles to Sarah I. Coole Director of Communications [email protected] | 404-527-8791 104 Marietta St. NW, Suite 100, Atlanta 30303 TO PLACE AN ANNOUNCEMENT Bench Contact Amber Rikard | [email protected] | 404-527-8736 &Bar Kudos The Georgia Public Defender Council (GPDC) Lisa Frist, formerly of Alston & Bird, LLP, was announced that Todd Martin was appointed named a claims account executive in the financial Eastern Circuit Public Defender in September. services division of McGriff, Seibels & Williams A public defender for the past 14 years, Martin of Georgia, Inc. Prior to joining McGriff, she has served in the Eastern Circuit for more than served as a litigation and trial practice attorney a decade, and as deputy chief assistant for the with the Atlanta office of Alston & Bird. FRIST past five years. GPDC awarded Martin with the role due to Additionally, Philip A. Theodore was named his career-long commitment to indigent defense, as well as his a vice president of McGriff’s mergers and acqui- experience in the Eastern Circuit. sitions and transaction insurance practice, part of its financial services division. After practicing Parker Poe Adams & Bernstein LLP announced with King & Spalding LLP from 1981 to 2003, that Christian Torgrimson joined the advisory Theodore served as general counsel for three At- board of the Brigham-Kanner Property Rights THEODORE lanta public companies prior to joining McGriff. Conference, where she will play a leading role in setting the strategy and planning for the national Balch & Bingham LLP announced that partner conference at William & Mary Law School in Benjamin H. “Ben” Brewton was appointed chair Williamsburg, Virginia. The Brigham-Kanner Property Rights of the Georgia State Committee of the American Conference is a national platform that brings together mem- College of Trial Lawyers (ACTL) for the next bers of the bench, bar and academia to explore recent develop- year. ACTL maintains and seeks to improve the ments in the law that affect property rights and is presented standards of trial practice, professionalism, ethics by the William & Mary Law School Property Rights Project. and the administration of justice through education and public Torgrimson also participated in a law student-focused program statements on important legal issues relating to its mission. as part of the conference. This program is in its third year and creates a space for lawyers and practitioners to engage with law The American Bar Association (ABA) an- students interested in pursuing property rights careers. nounced the election of DeKalb County State Court Judge Ronald Ramsey as the ABA’s chair- Harris Lowry Manton LLP partners Steve Lowry and Jed Man- elect and Rockdale County Chief Magistrate ton presented the firm’s second annual $5,000 Civil Justice Judge Phinia Aten as vice-chair of the ABA’s Scholarship to Georgia State University School of Law student National Conference of Specialized Court Judges Melissa Davies at the firm’s Atlanta office. The Harris Lowry RAMESY of the Judicial Division. Ramsey and Aten, who Manton LLP Civil Justice Scholarship is designed to support were both elected unanimously, were elevated aspiring attorneys who have a strong commitment to justice. to top-ranking executive officers and are in the line of progression to chair this national judicial Kilpatrick Townsend & Stockton LLP announced group. In their new roles, they will offer judicial that partner Jamie Graham joined the American training and membership support and shape na- Cancer Society Southeast Region Georgia Com- ATEN tional judicial policy. munity Leadership Board of Directors. In this role, Graham will support the society’s core mis- sion strategies of research, education, advocacy On the Move and patient services. IN ATLANTA The firm also announced that it was selected as the recipient The Wright Firm, LLC, announced that it of the 2019 AT&T Legal Department Diversity and Inclusion has moved to a new location and the ad- Progress Award for its efforts in recruiting, retaining and pro- dition of Victoria Kealy as of counsel. Ke- moting diverse attorneys throughout the firm and its attention aly focuses her practice on business, com- to diversity and inclusion in staffing AT&T matters. Law firms in mercial and real estate litigation matters. AT&T’s Preferred Counsel Program were eligible for the award. The office is located at 1934 N. Druid Hills Road NE, Suite A, Atlanta, GA 30319; 470-361-2250; www.thewrightattorneys.net. 36 GEORGIA BAR JOURNAL Barnes & Thornburg LLP announced the addition of Richard E. Glaze Jr. as partner. Glaze focuses his practice on environmental law, representing corporations and municipalities in enforcement and compliance matters. The firm is located at 3475 Piedmont Road NE, Suite 1700, Atlanta, GA 30305; 404-846-1693; Fax 404-264-4033; www.btlaw.com. Kilpatrick Townsend & Stockton LLP announced the addition of Des- mond Dennis, Jacob Edwards and Jessica Truelove as associates. Den- nis focuses his practice on labor and employment law. Edwards’ practice DENNIS EDWARDS focuses on construction litigation, contract disputes and alternative dispute resolu- tion. Truelove focuses her practice on intellectual property, and trademark, copyright and advertis- ing. The firm is located at 1110 Peachtree St. NE, Suite 2800, Atlanta, GA 30309; 404-815-6108; Fax TRUELOVE 404-541-3343; wwww.kilpatricktownsend.com. Freeman Mathis & Gary, LLP, announced the ad- dition of Beth Beskin as partner. Beskin’s practice focuses on litigation, transaction and regulatory matters. The firm is located at 100 Galleria Park- way, Suite 1600, Atlanta, GA 30339; 770-818- 0000; www.fmglaw.com. FordHarrison announced the addition of Amber Arnette as an associate. Arnette’s practice focuses on labor and employment law, including wrong- BAR ful termination, retaliation, discrimination, fail- ure to provide accommodations, harassment, and BENEFITS wage and hour violations. The firm is located at 271 17th St. NW, Suite 1900, Atlanta, GA 30363; 404-888- Parking 3800; Fax 404-888-3863; www.fordharrison.com. DID YOU KNOW? Adams and Reese LLP announced the addition The parking deck is open Monday of Brian F. Hansen as partner. Hansen’s practice through Friday, 6:30 a.m. to 7 p.m. focuses on litigation, real estate, construction, A Bar card is required for free financial services litigation (commercial) and parking on nights and weekends. global trade, transportation and logistics. The firm is located at Monarch Tower, 3424 CONTACT Peachtree Road NE, Suite 1600, Atlanta, GA 30326; 470-427- Building Security 3700; www.adamsandreese.com. 404.584.7929 or [email protected] Greenberg Traurig, LLP, announced the addition of Jay Ruby as a shareholder. Ruby focuses his prac- tice on a broad spectrum of immigration matters, including temporary and permanent work visa so- lutions, immigration-related corporate compliance and due diligence for mergers and acquisitions. The firm is located at Terminus 200, 3333 Piedmont Road NE, Suite 2500, Atlanta, GA 30305; 678-553-2100; www.gtlaw.com. 2019 DECEMBER 37 Harris Lowry Manton LLP an- Morris, Manning & Martin, LLP, nounced the promotion of Yvonne announced the addition of Eliza- S. Godfrey and Madeline E. Mc- beth K. “Bess” Hinson, James Wy- Neeley to partner. Godfrey focuses att Kendall, Lee Ann Thompson her practice on product liability, Sapp, Ellenor Stone and Pelham GODFREY MCNEELEY personal injury, wrongful death HINSON KENDALL Wilder IV as partners and Jason and whistleblower litigation. Mc- Watson as of counsel. Hinson’s Neeley’s practice focuses on product liability, wrongful death, practice focuses on cybersecurity catastrophic personal injury and appellate litigation. The firm is and privacy. Kendall focuses his located at 1201 Peachtree St. NE, Suite 900, Atlanta, GA 30361; practice on environmental and 404-961-7650; Fax 404-961-7651; www.hlmlawfirm.com. construction. Sapp’s practice focus- es on commercial real estate. Stone Swift, Currie, McGhee & Hiers, SAPP STONE focuses her practice on labor and LLP, announced the addition of employment issues. Wilder’s prac- Janie Hagood as senior attorney tice focuses on real estate. Watson and Brianna Burrows, Anelise Co- focuses his practice on creditors’ drington, Amy Katz and Matthew rights and bankruptcy, and litiga- HAGOOD BURROWS Liverman as attorneys. Hagood tion. The firm is located at 1600 focuses her practice on automobile WILDER WATSON Atlanta Financial Center, 3343 litigation, catastrophic injury and Peachtree Road NE, Atlanta, GA wrongful death, commercial liti- 30326; 404-233-7000; Fax 404-365-9532; www.mmmlaw.com. gation, construction law, insurance coverage, professional liability, and Hawkins Parnell & Young, LLP, announced trucking and transportation litiga- the addition of Garret Drogosch as an associ- CODRINGTON KATZ tion. Burrows’ practice focuses ate. Drogosch’s practice focuses on transporta- on workers’ compensation claims and employ- tion disputes, products liability and premises ment law-related disputes. Codrington focuses liability. The firm is located at 303 Peachtree her practice on automobile litigation, premises St. NW, Suite 4000, Atlanta, GA 30308; liability, insurance coverage and governmental 404-614-7400; www.hpylaw.com. liability. Katz’s practice focuses on commercial litigation, construction law and insurance cov- Tobin Injury Law announced the addition of LIVERMAN erage disputes. Liverman focuses his practice Daesik Shin as an associate. Shin focuses his on workers’ compensation claims. The firm is located at 1355 practice on plaintiff’s personal injury litigation, Peachtree St. NE, Suite 300, Atlanta, GA 30309; 404-874-8800; transportation injuries and bad faith insurance Fax 404-888-6199; www.swiftcurrie.com. litigation. The firm is located at 267 West Wieu- ca Road NE, Suite 204, Atlanta, GA 30342; 404- Squire Patton Boggs LLP announced the addi- 587-8423; www.tobininjurylaw.com. tion of G. Scott Rafshoon as partner. Rafshoon’s practice focuses on various public-private (P3) Baker, Donelson, Bearman, Caldwell & Berkow- transactions at the local, state and federal levels, itz, PC, announced the addition of Michelle Wil- and the privatization and financing of military liams as shareholder. Williams focuses her prac- base infrastructure. The firm is located at 1230 tice on the regulatory and structuring aspects of Peachtree St. NE, Suite 1700, Atlanta, GA 30309; 678-272- hospital mergers, acquisitions and integrations. 3200; www.squirepattonboggs.com. The firm is located at Monarch Plaza, 3414 Peachtree Road NE, Suite 1500, Atlanta, GA 30326; 404-577- Mozley, Finlayson & Loggins, LLP, announced 6000; Fax 404-221-6501; www.bakerdonelson.com. the addition of Andrew H. Meyer as partner. Meyer focuses his practice on real estate devel- The law firm of Gregory, Doyle, Calhoun & Rogers, LLC, and opment, commercial real estate and lending, land Moore & Reese, LLC, announced their merger. The firms will use, leasing, business organizations, real estate jointly operate under the name GDCR Attorneys at Law. The title law and residential real estate. The firm is firm is located at 2951 Flowers Road S, Suite 220, Atlanta, GA located at 1050 Crown Pointe Parkway, Suite 1500, Atlanta, GA 30341; 770-457-7000; www.gdcrlaw.com. 30338; 404-256-0700; Fax 404-250-9355; www.mfllaw.com. 38 GEORGIA BAR JOURNAL IN COLUMBUS IN MACON Page, Scrantom, Sprouse, Tucker James-Bates-Brannan-Groover- & Ford, P.C., announced the pro- LLP announced the addition of motion of Patrick A. Coleman and David B. Anderson, Campbell T. Julie D. Johnson to shareholder. Brantley and Bruce D. Dubberly IV Coleman focuses his practice on as associates. Anderson focuses his COLEMAN JOHNSON business and corporate law, com- ANDERSON BRANTLEY practice on all areas of banking and mercial and residential real estate, real estate law, with a focus on the estate planning and litigation. Johnson’s practice focuses on representation of financial institutions regard- labor and employment law, and litigation. The firm is located ing compliance and regulatory issues, includ- at 1111 Bay Ave., 3rd Floor, Columbus, GA 31901; 706-324- ing enforcement actions, collections, workouts, 0251; Fax 706-243-0417; www.psstf.com. contract litigation and negotiation, bankruptcy, creditor’s rights, commercial real estate and title IN DECATUR DUBBERLY disputes. Brantley’s practice focuses on commercial Peters, Rubin & Sheffield, P.A., announced the real estate transactions, commercial lending and government- promotion of Foss G. Hodges to partner and a guaranteed lending. Dubberly focuses his practice on general name change to Peters, Rubin, Sheffield & Hodg- civil litigation, including business litigation and tort litigation, es, P.A. Hodges’ practice focuses on defending as well as eminent domain, bankruptcy and probate law. The people accused of crimes against children, sexual firm is located at 231 Riverside Drive, Macon, GA 31201; 478- offenses, and other serious crimes. The firm is lo- 742-4280; Fax 478-742-8720; www.jamesbatesllp.com. cated at 2786 N. Decatur Road, Suite 245, Decatur, GA 30033; 404-296-5300; Fax 404-294-0441; www.justiceingeorgia.com. IN BLOOMFIELD, NEW JERSEY Smith & Associates announced that its offices have moved to IN KENNESAW Bloomfield, New Jersey. The firm is located at 400 Broadacres Joel Williams Law, LLC, announced a change Drive, Suite 260, Bloomfield, NJ 07003; 212-661-7010; Fax of name to Williams|Elleby with the addition 866-882-7256; www.edslaw.net. of Chase Elleby as partner. Ellby’s practice focuses on personal injury, including auto- IN PROVIDENCE, RHODE ISLAND mobile and truck collisions, school bus acci- Freeman Mathis & Gary, LLP, announced the opening of an dents, medical malpractice, negligent security, office in Providence, Rhode Island. The firm is located at 10 wrongful death and day care injuries. The firm is located at Dorrance St., Suite 700, Providence, RI 02903; 401-519-3724; 3900 Frey Road, Suite 104, Kennesaw, GA 30144; 404-389- www.fmglaw.com. 1035; www.gatrialattorney.com. Announcement Submissions he Georgia Bar Journal welcomes the submission of news about local and voluntary bar Tassociation happenings, Bar members, law firms and topics of interest to attorneys in Georgia. Notices are printed at no cost, must be submitted in writing and are subject to editing. Some restrictions apply, and items are printed as space is available. News releases regarding lawyers who are not members in good standing of the State Bar of Georgia will not be printed. Learn more at www.gabar.org/newsandpublications. For more information or to submit an announcement, please contact Amber Rikard, [email protected] or 404-527-8736. B&B House Ad.indd 1 11/21/2019 10:58:07 AM 2019 DECEMBER 39 GBJ | Office of the General Counsel “Thanks so much for sending your dad and me to that nice Mr. Smith to Thanks! get our wills done,” your mother gushes. “We’ve introduced him to three of our You Shouldn’t Have . . . neighbors at Retirement Heaven, and he’s doing their estate plans too.” “I’m glad you liked Joe,” you respond. BY PAULA FREDERICK “He has a great reputation.” “He’s so happy with all the refer- rals that he sent us tickets to the Peach GETTYIMAGES.COM/HAFIEXRAZALI 40 GEORGIA BAR JOURNAL Bowl!” your mother adds. “Your father and I are trying to think of who else we can refer, if that’s the kind of reward we’ll get!” “Mom,” you warn, “Joe shouldn’t have given you anything that expensive for re- As the holiday season approaches, it might ferring your friends.” “But why not, dear?” your mother asks. be safest to thank your referral sources with “He got the business because of us, and a handwritten note or an invitation to the he must be making a pretty penny. This is his way of saying thank you! He’s just holiday party. being polite.” “It may be polite, but I don’t think it’s ethical,” you grouse. What are the rules on sending thank- you gifts for referrals? Georgia’s Rule 7.3 (c) prohibits a law- expression of appreciation” if they are not yer from giving “anything of value” to a “He who is his own lawyer intended or expected to be a form of com- person or organization for making a re- has a fool for a client.” pensation for the recommendation. ferral that results in business for the law- We have not yet considered the new yer.1 It was intended to prevent lawyers ABA rule for adoption in Georgia. As the from buying business and people outside Warren R. Hinds, P.C. holiday season approaches, it might be “An Attorney’s Attorney” the profession from “stirring up litiga- safest to thank your referral sources with tion,” or channeling business without re- • Bar Complaints a handwritten note or an invitation to the gard to which lawyer might provide the • Malpractice Defense holiday party. l • Ethics Consultation best service. In the years since the rule was en- acted there has been a lot of confusion Paula Frederick about the boundaries of the prohibition General Counsel on gift-giving. It is clear that a lawyer State Bar of Georgia may not employ runners or other paid [email protected] staff to solicit business, but what about sending a nice bottle of wine as a thank- you for a referral? Some jurisdictions Endnote have taken a hard line, forbidding even 1. The Rule has an exception for public de minimus gifts. Others allow small advertising and lawyer referral services. gifts, but only after the fact and not as It is sometimes confused with a an inducement for a future referral. different rule, (1.5(e)), which allows fee 1303 Macy Drive The ABA recently amended its rules sharing between lawyers under certain Roswell, Georgia 30076 on this subject, and ABA Model Rule circumstances. Call (770) 993-1414 7.2(b)(5) now allows “nominal gifts as an www.warrenhindslaw.com 2019 DECEMBER 41 GBJ | Attorney Discipline Attorney Discipline Summaries Sept. 20, 2019 to Oct. 7, 2019 BY JESSICA OGLESBY Disbarment client and the other woman to file ap- and communicated with the other woman Sherri Jefferson plications for criminal warrants against with the intent to intimidate her and oth- 249 Derby Drive Jefferson on charges of stalking and defa- erwise affect the outcome of the relevant Riverdale, GA 30274 mation in Houston County. proceedings; a pattern of misconduct and On Oct. 7, 2019, the Supreme Court During the warrant proceedings initi- the existence of multiple violations; bad of Georgia disbarred attorney Sherri Jef- ated by the former client, Jefferson made faith obstruction of, and the submission of ferson (State Bar No. 387645) from the false statements to the Magistrate Court false statements in, the disciplinary pro- practice of law. The formal complaint of Houston County. During the war- ceedings; and the refusal to acknowledge upon which these disciplinary proceed- rant proceedings initiated by the other the wrongful nature of her conduct. The ings were based alleged that Jefferson woman in the Magistrate Court of Fulton only factor in mitigation recognized by violated Rules 3.3, 4.2, 8.1 and 8.4 of the County, Jefferson submitted writings in the special master was the remoteness in Georgia Rules of Professional Conduct. response, some of them sworn, includ- time of Jefferson’s prior disciplinary vio- The maximum sanction for a violation of ing baseless and disparaging statements lations, and the special master excluded each of the relevant rules is disbarment. about the former client and the other those prior violations from consideration Jefferson represented an individual woman and false statements about her in recommending sanctions. from 2008 to 2010 in a custody modi- communications with them and others. Jefferson asked that the Review Board fication action; during the representa- The special master concluded that review the report and recommendation tion, Jefferson and that individual were Jefferson had violated Rules 3.3 (a) (1) of the special master. The Review Board romantically involved. This relationship (knowingly making false statements to a agreed with the special master that Jeffer- led to the filing of a disciplinary matter tribunal), 4.2 (a) (knowingly communicat- son violated Rules 3.3 (a) (1), 4.2 (a), and against Jefferson, but the matter was ing with a person represented by counsel), 8.4 (a) (4), but it disagreed with the special subsequently dismissed by the Court in and 8.4 (a) (4) (engaging in professional master that Jefferson had violated Rule 2014. During the pendency of that dis- conduct involving dishonesty, fraud, de- 8.1. The Review Board recommended ciplinary matter, Jefferson’s former cli- ceit or misrepresentation). The special that Jefferson be disbarred from the prac- ent began dating another woman and, master also found that Jefferson had vio- tice of law. The Supreme Court agreed following the dismissal of that matter, lated Rule 8.1 (a) (knowingly making false with the Review Board that disbarment Jefferson hired a private investigator to statements of material fact in connection was the appropriate sanction. l conduct an investigation including sur- with a disciplinary matter). The special reptitious surveillance of the former cli- master found aggravating factors as fol- ent, his son and the other woman. Addi- lows: the existence of prior discipline, Jessica Oglesby tionally, Jefferson falsely disparaged the specifically, Jefferson’s receipt of an In- Clerk, State Disciplinary Boards other woman to the woman’s employer, vestigative Panel Reprimand in two cases State Bar of Georgia including making false and misleading in 2006; a selfish and dishonest motive, as [email protected] statements about the custody proceed- Jefferson made representations to mul- ing. Jefferson’s actions led the former tiple tribunals with the intent to deceive 42 GEORGIA BAR JOURNAL Visit www.gabar.org for the most up-to-date information on committees, members, courts and rules. GBJ | Legal Tech Tips Legal Tech TIPS BY NATALIE R. KELLY AND MIKE MONAHAN Distracting Notifications? weather at your destination and any ac- 1Are you getting lots of notifications on tivities planned during your trip. your phone that distract you from your work? Tired of that Tinder notification popping up when you are sharing your Wearable Technology screen with a friend or coworker? Man- 4Check out personal, wearable tech- age your notifications. Use your phone’s nology like FitBit or an Apple Watch. “Do Not Disturb” function or the “Man- These devices can help you not only age Your Notifications” in your phone’s manage your tasks; they can also help you settings. Turn off the notifications you manage your lifestyle. If you don’t already don’t want; enable the ones you do. have one, it’s a great gift idea for the holi- days. Use personal technology for your best you. #lawyerslivingwell Make a Smart Home with 2Smart Plugs Not interested in an expensive upgrade Microsoft Office Lens https://bit.ly/32IV86K of your whole home to a “smart home?” 5 Is your phone image library full of pho- For a simpler, less expensive approach, tos of documents or PowerPoint images buy indoor and outdoor “smart plugs.” projected on a large screen? Download You can use smart plugs for older ap- Microsoft Office Lens from the Google pliances, TVs and lighting. Some of the Play Store. You can turn your smart- smart plugs also include timers. The phone into a whiteboard and document smart plugs are accessible via Wi-Fi and scanner. Save the output as images, PDFs an app on your devices. or Word documents. PackPoint 3www.packpnt.com CloudLawyers Enhanced Lawyers are frequently on the road. 6Directory There’s an app to help you remember www.gabar.org/CloudLawyers what you need to take with you—Pack- Consumers mainly look for lawyers on- Point. While it isn’t free, PackPoint is an line, and Georgia lawyers can be found inexpensive app available in iOS and An- via their CloudLawyers profile from the droid. PackPoint will organize what you State Bar’s main page under the Need need to pack based on length of travel, a Lawyer? link. To update your basic 44 GEORGIA BAR JOURNAL CloudLawyers membership profile, log in to your State Bar account and se- Testimonial lect “Edit CloudLawyers Profile” to add your picture, basic firm information and three areas of practice to your profile. Alexandra Eichenbaum The searches conducted via the Need a Attorney Lawyer? link produce a list of lawyers Georgia Legal Services Program ordered by best match and geolocation. Wearable Technology More than 300,000 searches for Georgia I use the Apple Watch to help keep lawyers have been conducted using this my healthy habits on track during the service since its inception. The service is workday. It reminds me to stand if I have a member benefit of the State Bar and is been sitting too long, get more steps in if free at its basic level. Members can also I am behind my daily goal and it will even upgrade their profiles further via an En- trigger a reminder to take deep breaths if hanced Listing option from CloudLaw- my heart rate gets too high—which I find yers for $8 a month. is a very useful tool in our field! ID Ransomware 7id-ransomware. alwarehunterteam.com You must know about this service if you’ve been a victim of a ransomware fected files. As with any sensitive data sign projects that have proven success- attack or if you want to prevent one. As matter, be careful when using these ful for firms. Copies of the book will its FAQ says, this “service is strictly for tools, and be sure you are backing up be available for checkout from the Law identifying what ransomware may have data appropriately. Practice Management Program Re- encrypted your files. It will attempt to source Library soon. point you in the right direction, and let you know if there is a known way of Successful Innovation decrypting your files.” 9Outcomes in Law: A Practical Digital Learning Portal Guide for Law Firms, Law 10Hotshotlegal.com Departments and Other Legal Hotshot is a digital learning portal for law- VirusTotal and HybridAnalysis Organizations yers. With a library of videos focused on 8www.virustotal.com So while not directly a tech tool, this legal and business skills, this service can www.hybrid-analysis.com law firm innovation book, by innova- be a great start to improving your lawyer- These free scanning sites are also data tion leader and instructor Dennis Ken- ing. The service features interactive quiz- protection tools, but they do more nedy, is hot off the presses and can play zes, exercises and outlines on topics from than just identify what may be lurking an important role in helping firms and accounting and finance to the basics of behind a ransomware or virus attack legal departments foster innovation civil litigation. Solo practitioners and one- on your data. These programs allow in their operations. He shares his tips, person law departments have access to all you to upload your suspicious or in- tricks and examples of innovation de- program topics for $500 per year. GETTYIMAGES.COM/LYSENKOALEXANDER 2019 DECEMBER 45 GBJ | Law Practice Management No, this column is not about your eyesight. Each year we typically reserve Committing to Your the December Law Practice Manage- ment Program column for a year-end 2020 Vision practice management checklist review- ing the main areas of practice manage- ment—marketing, finance, technology At the end of 2019, you should be looking forward to increasing efficiency, and management. This year is really productivity, profitability, and overall firm and personal well-being. Use not any different. However, we thought the following tips to tackle your 2020 goals and increase the likelihood of we would share a different approach to realizing your firm’s vision. checking off what you’ve accomplished this past year, and what you plan to do BY NATALIE R. KELLY in the coming year. GETTYIMAGES.COM/HAKINMHAN 46 GEORGIA BAR JOURNAL Begin with a commitment to refocus nels to market your firm’s services; Management Tips and three new contacts to reach out your practice in each of the core practice l Make sure you review policies and to in the new year with the goal of management areas to help reach your procedures, then update (or create) increasing business. firm’s business goals. Take a long hard the manual for you and everyone in look at what you’ve accomplished this your firm. year in each category, and then align Finance Tips l your achievements with the goals you Have staff review and update their job have set for yourself in 2020. And, if you l Review all of the policies and proce- duties, and provide feedback on ways have failed to create a strategic plan for dures for bookkeeping and account- to improve workflow in the practice. the coming year, it’s not too late. Take a ing in your firm. Make sure that you l Use the same three-step system to look at these quick tips—three for each have a clear grasp and total financial identify a list of individuals in the practice management area—to help draft control over required accounts for firm who can help with expanding a plan and set up actionable steps for your your practice. the reach of the practice by cham- firm’s 2020. l Assess whether your billing process pioning the firm’s mission. Set up is being managed as smoothly as pos- train-the-trainer sessions for various sible through emailed invoices and employment and personnel needs, Marketing Tips direct online payment options for and conduct firm events to boost work esteem and build firm loyalty. l Take a look at your marketing pieces clients. and campaigns for this year and de- l Gather all of the necessary informa- At the end of this year, you should be termine their rate of return. Compare tion and documents to get to your looking forward to increasing efficiency, returns to what you budgeted and accountant ready to prepare for your productivity, profitability, and overall firm plan to continue or change course as year-end bookkeeping and tax needs. and personal well-being. Use the tips above needed based on your results. Follow suit to make 2020 year-end to tackle your 2020 goals and increase the l Review completed client satisfaction accounting easier, too. likelihood of realizing your firm’s vision. surveys and group them from worst For additional resources and assis- to best ratings. Create a shortlist Technology Tips tance, you can always reach out to the of ways to improve in the area of Law Practice Management Program staff client communication and satisfac- l Review all of your firm’s technol- for free, confidential in-person, telephone tion based on what you find. Bonus: ogy. Plan to either better utilize or to and email advice, and low-cost, onsite If you’ve bought into the NPS (Net replace or upgrade systems you have consulting: Natalie Kelly, director, 404- Promoter Score) craze for online allowed to gather dust. 527-8770 or [email protected]; Kim marketing, then use those star rat- l Create a bank of tips and tricks that Henry, resource advisor, 404-526-8621 ings to do the same work with your are helpful to you and store them or [email protected]; Sheila Baldwin, communications and satisfaction in a document made accessible to member benefits coordinator, 404-526- goals in the new year. Shoot for four everyone in the firm, or create short 8618 or [email protected]; and Latashia stars and higher. videos to add to a YouTube channel Hughes, administrative assistant, 404- 527-8772 or [email protected]. l l Use a three-step approach to attacking just for your practice. and streamlining your plan for any of l Make plans to attend legal technolo- your 2020 marketing campaigns. List gy CLE programs that focus on your Natalie R. Kelly the three new ways you will integrate practice needs and offer an opportu- Director, Law Practice Management your website into your overall mar- nity to network and grow alongside State Bar of Georgia keting; the three ways you will better practitioners like you who may also approach and use social media chan- be looking for technology solutions. [email protected] 2019 DECEMBER 47 GBJ | Pro Bono The Power of One Regardless of practice area, each and every one of us has the ability to simply be there for pro bono clients. And that often is the most powerful and impactful aspect of our representation. BY SARAH BABCOCK Sometimes the most important part of pro bono representation is simply being there. Do you remember a teacher who in- spired you? An educator who made you excited to learn, whose class you never wanted to miss? Can you recall another adult in your life who emphasized the importance of education? Maybe a grand- parent who saved money for your college education or a parent who told you that going to school was your job? Chances are, if you are reading the Georgia Bar Journal, the answer to at least one of the above questions is yes. Many of us were fortunate enough to have adults in our lives who made sure we received an education. And for most attorneys, the education they received is directly related to their later career suc- cess. Sadly, we know that the inverse is also true: children who do not complete high school are ineligible for 90 percent of jobs in the United States,1 and will earn $200,000 less than high school graduates 2 over their lifetime. Approximately 75 GETTYIMAGES.COM/EVTUSHENKO_IRA 48 GEORGIA BAR JOURNAL percent of crimes are committed by high 3 school dropouts. Meanwhile, in addi- PRO BONO STAR STORY tion to greater career success, high school graduates have better health and a longer life expectancy, and are also more likely JANELLE JOHNSON BY RHUDINE NELSON DINA DORSEY to vote.4 “ ” Students can’t graduate from high Janelle Johnson school if they aren’t attending school Attorney regularly, though. The impact of chronic Johnson & Johnson Law LLC absenteeism starts early; a national study found that students who do not read pro- ficiently by third grade are four times more likely to drop out of high school.5 And elementary school students are more Janelle Johnson, a graduate of back to the community as well. likely to struggle with reading proficiency Stetson University College of She does this to encourage and Law, practices in the Troup and reward people for sharing their if they are not attending school regularly. Harris County area. Her law prac- talents with the world. Johnson’s Regular school attendance in every grade tice focuses on child advocacy, commitment to serving the is therefore essential. criminal defense and family law. low-income community encour- The Truancy Intervention Project Johnson’s passion to serve ages other attorneys in her area Georgia, Inc. (TIP), works with students financially challenged clients is to follow her lead and also sign who are not regularly attending school, very important to her. In 2006, she up as pro bono volunteers. The and therefore are in danger of not receiv- was awarded the Pro Bono Service Columbus office of GLSP recently ing an education. Students are referred to Award from Stetson University held an Ask-A-Lawyer Day Clinic TIP when their unexcused school absenc- College of Law for her service to in LaGrange. Johnson was one of the community in providing legal the first private attorneys to step es or repeated tardies indicate a pattern assistance to indigent citizens. In up and volunteer. She met with of increasing non-attendance. Seeking west Georgia, Johnson provides nine clients that day, providing to correct this potential pattern before pro bono legal services to several advice on family law matters and it develops into a habit of chronic absen- clients each year for the Georgia probate issues that included wills, teeism, TIP pairs referred students with Legal Services Program (GLSP). advanced directives for health trained volunteers. These volunteers, She also offers pro bono service to care and powers of attorney. She’s who are attorneys or other profession- people who make a point to give a fantastic volunteer lawyer. l als, work with the child and their family to discover the underlying causes of the child’s school absences. As often occurs in pro bono cases, the legal problem that leads a family to seek assistance from a legal services organiza- tion is ultimately caused by a life problem. Attorneys who have worked on eviction if the students’ unexcused absences exceed related to the family’s situation: hous- defense cases know that the legal prob- 10. But the legal problem of a potential ing instability, parental distrust of the lem of eviction is often caused by the life educational neglect or truancy charge will school, unreliable transportation or problem of chronic underemployment never be resolved until the underlying life substance abuse. In other cases, usually and the resulting lack of adequate income. problem causing the student’s absentee- with middle and high school students, Similarly, the life problem of unreliable ism is resolved. the issue lies with the student: depres- transportation can often lead to the legal This is where TIP volunteers come in. sion and/or substance abuse, bullying at problem of having government benefits Partnering with TIP staff, school social school, exploitation or a need for special cut off due to a missed renewal appoint- workers and community organizations, education services. ment. In the instance of chronic absen- TIP volunteers work to uncover and ad- The majority of families TIP serves are teeism, students (and their families) can dress the issues leading to the student’s committed to their children’s education. become involved with the Juvenile Court absenteeism. In some cases, the cause is But when parents, guardians or students 2019 DECEMBER 49 Indeed, it is this role of listener, confidante and GEORGIA BAR trusted advisor that is often the most important JOURNAL aspect of any pro bono representation. themselves are struggling with the above less violence. Understandably devastated issues, getting a child to school on time by the tragedy, the parent had barely been every day can be difficult. TIP volunteers able to get out of bed each day. By creat- help by serving as an adult wholly com- ing sympathetic space for the parent and THE mitted to ensuring that the child gets his her loss, the school social worker and or her education. This can take the form TIP staffer were able to learn what was DIGITAL of regularly texting parents or guardians causing the child’s absenteeism, and con- to ensure the child wakes up in time for nect the parent with grief counseling and EDITION the bus each morning. Or making sure other community support. That was all that a family gets to their counseling ap- the parent needed to get her child’s atten- pointments so that they can access needed dance back on track. therapy. Or alerting the school when a Regardless of practice area, each and child is being bullied on the bus or in a every one of us has the ability to simply Download today particular class. In short, being the adult be there for pro bono clients. And that to enjoy single issues at in the child’s life who constantly and often is the most powerful and impactful consistently emphasizes the importance aspect of our representation. l www.gabar.org/journal of education, and is available to help the family problem-solve when challenges threatening the child’s ability to attend Sarah Babcock is school arise. passionate about ensuring Indeed, it is this role of listener, confi- that all children receive the dante and trusted advisor that is often the resources they need to build healthy and productive lives. most important aspect of any pro bono As deputy director of the Truancy representation. Legal services clients are Intervention Project, Babcock supports often exhausted by the chronic scarcity both staff and volunteers in serving that characterizes their lives. Between TIP clients and their families. A December 2019 Volume 25, Number 3 long hours at minimum wage jobs, un- graduate of Emory University School of From the Executive GEORGIA BAR Director—Sen. Leroy Johnson: ‘A Jewel in Georgia’s Crown’ reliable transportation, untreated health Law, she joined TIP after six years as a ’Tis the Season: JOURNAL Giving by Mentoring 2020 Legislative litigation associate at Alston & Bird Preview conditions and/or poor housing condi- The Power of One tions, pro bono clients can be utterly and three years as senior staff at overwhelmed. A committed attorney Lawyers for Equal Justice, an incubator program for newer solo attorneys. can ease that burden by simply standing alongside the client. Listening to the cli- Endnotes ent’s concerns and offering to take some- 1. https://www.dosomething.org/us/ thing off of his or her plate. Ensuring that THE LEGAL facts/11-facts-about-dropping-out. Not So Fast! Enforcing Accelerated Rent Clauses in the client knows they don’t have to face all 2. https://www.dosomething.org/us/ Commercial Lease Agreements of their challenges alone. facts/11-facts-about-high-school- 1219GBJ_cover.indd 1 11/22/2019 2:48:25 PM Sometimes this sympathetic space is dropout-rates. the most transformative aspect of cli- 3. Id. ent representation. In a recent TIP case, 4. https://www.americaspromise.org/ a family was referred by the school due high-school-graduation-facts-ending- to the child’s excessive absences. When dropout-crisis. the school social worker and TIP staff sat 5. https://gradelevelreading.net/ down with the parent, they learned that uncategorized/study-links-3rd-grade- reading-poverty-and-hs-graduation. she had recently lost the child’s father and www.gabar.org her long-term partner in an act of sense- 50 GEORGIA BAR JOURNAL STATE BAR OF GEORGIA PRO BONO RESOURCE CENTER We can help you do pro bono! • Law practice management support on pro bono issues • Professional liability insurance coverage • Free or reduced-cost CLE programs and webinars • Web-based training and support for pro bono cases • Honor roll and pro bono incentives Visit www.gabar.org / www.GeorgiaAdvocates.org GBJ | Section News The New Cannabis and Hemp Law Section In October, the State Bar of Georgia’s Board of Governors approved the creation of the Cannabis and Hemp Law Section. Chair Jennifer Dianne Thomas reviews the need for and goals of this new section. BY JENNIFER DIANNE THOMAS GETTYIMAGES.COM/TINNAKORN_JORRUANG The legal landscape surrounding can- face unprecedented ethics challenges, and staying in compliance with state laws nabis and hemp cultivation in Georgia is which may differ significantly from the on everything from a pesticide application shifting. Within the past year, the Geor- hurdles faced by attorneys in other more to product packaging. But even though the gia Legislature has passed two new laws established areas of the law. Jennifer Di- new state medical cannabis and hemp laws addressing cannabis and hemp cultivation anne Thomas, the section’s founder, has are falling into place, medical cannabis is and distribution in our state. On April worked for several years advising hemp still illegal at the federal level, and several 2, 2019, Georgia became the 34th U.S. and cannabis companies outside of the federal agencies have conflicting rules con- state to legalize cannabis for medicinal state. Thomas believes that Georgia cerning hemp laws. use when the Georgia Legislature passed lawyers who are considering working The Food and Drug Administration, HB 324, which permits patients registered with clients operating businesses in the Alcohol and Tobacco Tax and Trade Bu- with the Department of Public Health to state’s medical cannabis and hemp indus- reau, and Department of Agriculture all possess up to 20 fluid ounces of low THC try should have access to more resources, have written guidance on the application oil. This measure took effect on July 1. and she has worked to create a section of hemp rules for their agency, and the Further, on May 10, 2019, Gov. Kemp that would address these issues. The guidelines often leave room for interpre- signed HB 213, allowing hemp crops, Board of Governors voted to approve tation or directly conflict. The 2018 Farm which can be used to make CBD oil, rope the creation of the Cannabis and Hemp Bill goes a long way in legalizing hemp and other items. As a result of the new Law Section at the Fall Meeting on Oct. cultivation, but one of the biggest ques- hemp bill, licensed Georgia farmers may 19, with Thomas as chair. tions that remains unclear is the legality grow hemp and licensed processors may of the transportation of hemp and its de- produce CBD oils. rivatives through states that don’t have or Need for a Cannabis don’t want hemp programs. and Hemp Law Section Section Member Kevin Adamson said, Creation of the Cannabis The section will work to assist lawyers in “I’m glad Georgia has recognized the need and Hemp Law Section navigating this developing area of state law to help people navigate the legal issues As the cannabis and hemp industry because advising clients in this area is com- that go along with this new area.” transitions from a subversive under- plicated and risky. Consider for example “With the passing of the Hemp Farm- ground culture to a legitimate industry, that cannabis and hemp businesses have ing Act, I think it’s an exciting time for attorneys practicing in this area need many of the same legal needs as any other would-be hemp growers and hemp support and educational resources. At- enterprise, from setting up agreements processors across the state of Georgia,” torneys advising clients operating in among partners, creating the business said Section Member D. Sam Roberson. the Georgia medical cannabis industry framework, navigating local land-use laws “The resurgence of the hemp industry 52 GEORGIA BAR JOURNAL presents an opportunity for farmers to “A lawyer shall not counsel a client evidence of the manufacturing and pos- pursue a new cash crop that is environ- to engage in conduct that the lawyer session of concentrated cannabis before mentally beneficial. I look forward to the knows is criminal or fraudulent, nor the facility was inspected. innovation that Georgians will bring to knowingly assist a client in such con- Cases like the one in San Diego are ex- this industry.” duct, but a lawyer may discuss the legal actly why the new Cannabis and Hemp consequences of any proposed course of Law Section of the State Bar of Georgia conduct with a client and may counsel is necessary. Attorneys will need help Cannabis and Hemp Law or assist a client in making a good faith navigating the rules of ethics and how to Section Goals effort to determine the validity, scope, accurately advise clients. If found in viola- As Georgia implements its new low THC meaning or application of the law.” tion of a federal law (as a business owner and CBD laws, the section has several lofty in this industry), the State Bar has made it goals. Namely, it endeavors to help those Attorneys have to proceed with the clear that disbarment could be a resulting who need to advise clients to feel more fa- knowledge that Rule 1.2 (d) does not pro- consequence, just as it does for any lawyer miliar with the host of legal topics and chal- vide any safe harbor for attorneys. The convicted of a felony. lenges (including conflicts with federal law maximum penalty for a violation of Rule If you are interested in joining this new and interstate commerce issues). Thomas 1.2 (d) is disbarment. section, visit www.gabar.org/sections. l expects these challenges will no doubt In addition to Rule 1.2 considerations, plague those clients who choose to take attorneys interested in working with part in this growing industry. The section clients in this area should know that in Jennifer Dianne Thomas, will also strive to create a legal community other U.S. states, attorneys have faced chief legal officer and in our state that are thought-leaders in the consequences in connection with client co-founder of Province new industry. representation. For example, the pros- Brands based out of Canada, is a corporate transaction ecution of a San Diego attorney is raising specialist with 10 years of experience significant concerns in the legal commu- advising emerging growth and start-up Ongoing Challenges for State nity about attorney-client privilege. The companies in commercial transactions, Bar Members attorney (who represented several clients corporate governance, corporate The current State Bar of Georgia Rules who are involved with cannabis) is fac- intellectual property matters and of Professional Conduct are quite spe- ing multiple felony charges related to one regulatory compliance. She has cific and may greatly limit what attor- of her cannabis clients. The attorney is particular expertise in international/ neys in the state can do. In fact, Rule accused of going to a production facility emerging markets, M&A and complex 1.2 (d) states: and making sure that her clients removed commercial contracts. 2019 DECEMBER 53 GBJ | Member Benefits Explore Your Bar Benefits: State Bar Conference Center and Parking Deck Contact Sheila Baldwin at sheilab@gabar or 404-526-8618 to learn more about these or other Bar benefits. BY SHEILA BALDWIN Each month, a specific Bar benefit will be highlighted and communicated to our members. You can view them by going to www.gabar.org/benefits. My article will focus on the Conference Center and the Parking Deck. Conference Center In March of 2002, the State Bar of Georgia made its home in what was originally the Federal Reserve Bank of Atlanta. Over the years it has become the home of the law- yers and judges of Georgia as they come to the Conference Center for Bar meet- ings, continuing legal education courses and law-related activities. This is your building, and we encourage you to enjoy the attractive amenities of this valuable membership benefit as much as you like. Licensed Georgia attorneys may re- serve any of the Bar Center’s conference rooms on a first-come, first-served ba- sis. Rooms are located on the third floor and in the sub-basement. There is no charge for law-related meetings (soft drinks and coffee are extra and are not provided for groups larger than 20). Conference Center hours are 8 a.m. to 5 p.m. Depending on individual needs, the third floor can accommodate up to 200 people. Members wishing to host 54 GEORGIA BAR JOURNAL events after hours will incur charges to include cleaning, security, AV and heat/ air. For room reservation inquiries, contact Faye First, [email protected]. Video conferencing solutions avail- able at the conference center utilize dedi- cated Lifesize and Aver IP-based video conferencing systems to offer a large array of diverse conferencing services at the Bar Center in Atlanta, as well as each of the satellite offices in Savannah and Tifton. Tucked in the center of the con- ference floor is the Museum of Law commemorating America’s mesmer- izing legal past. Through educational and interactive displays, you can learn more about the Bill of Rights; Free- dom’s Call: the March for Civil Rights; Cruel and Unusual Punishment; Checks and Balances: the Role of the Ameri- can Judiciary; and Famous Georgia and U.S. Trials. Don’t miss the little theater in the back ernmental agencies in the vicinity include Bar number, and they will give you of the museum. “Reel Justice” is a 12-min- the State Capitol, the Supreme Court of access into the deck. ute compilation of 75 Hollywood films Georgia, the Court of Appeals of Georgia, l Bar members can leave their car in depicting a variety of law-related court- the Fulton County Courthouse, the 11th the parking deck overnight. Go to the room scenes and cases including “To Kill Circuit Court of Appeals and the Richard first floor security station and show a Mockingbird,” “My Cousin Vinny” and B. Russell Federal Building. your Bar card to receive validation “Eight Men Out.” Please note the following guidelines and let them know your car will be The Bar Center’s Lawyers Lounge which are listed on the Bar’s website at there overnight. provides an attractive environment for www.gabar.org/parking: attorneys who may have occasion to be l Parking is available during business If you haven’t been to the Bar Center re- downtown and need a place to relax be- hours for members visiting and cently, you will be happy to see new devel- tween meetings. Such visitors may help using the Bar Center. Please bring opments in the Centennial Olympic Park themselves to a fresh cup of coffee, enjoy your ticket to the meeting you will District. It is now a more walkable, safe, the daily newspaper or check phone or be attending for validation. vibrant neighborhood with world-class email messages. attractions and a host of entertainment l Because there are a limited number options and dining choices. It’s also the of parking spaces, free daily parking center of Atlanta’s numerous sports are- Parking Deck cannot be provided for lawyers who nas and event venues, making it the per- The Conference Center is accessible from work in other downtown buildings. fect spot to park. Contact Sheila Baldwin at the sixth floor of the parking deck. Free l Parking is available on nights and sheilab@gabar or 404-526-8618 to learn parking is available for Bar events and weekends when the deck is open for more about these or other Bar benefits. l for access to other local venues and lo- events by showing your Bar card to cations. The State Bar is located in the the deck attendant. central business district of downtown At- l Bar members may also park at the Sheila Baldwin lanta and is one block from CNN Center, Bar Center when the parking deck is Member Benefits Coordinator the World Congress Center, State Farm closed. Press the button on the kiosk State Bar of Georgia Arena and Mercedes-Benz Stadium. Gov- to page Bar Security, give them your [email protected] 2019 DECEMBER 55 GBJ | Attorney Wellness My Story: Postpartum Issues, Resources and Recovery I hope my story helps even one person find recovery in identifying and recovering from postpartum issues. I have shared this to show that there is no stigma surrounding your struggles that is too great to prevent you from seeking good care. Here’s to wellness! BY AMNA R. SHIRAZI Starting a family can be a daunting task for many lawyers. It is a huge deci- sion and comes with many repercussions for both work and life balance. Whether you go the traditional route with a part- ner, or, as other attorneys I know, move forward on your own with the help of IVF, having children is a major lifestyle change, and women who work in the very stressful field of law often find it difficult to adjust. Being a lawyer is hard. Many of us work long, demanding hours, billing as much as we can to make it to partner status at our firms, and many women own and run their own law firms, which brings its own unique challenges. No matter what your reality is as a lawyer, the hormonal changes one undergoes during pregnancy and the lack of sleep that comes from having a newborn (es- pecially if you’re nursing) can take a toll on many women. The stress that comes GETTYIMAGES.COM/ANNANAHABED 56 GEORGIA BAR JOURNAL from representing clients and having a baby can sometimes trigger the dreaded postpartum diagnosis. However, if you receive such a diagnosis from a medi- cal professional, it is not the end of the For All the Moms: world. If you seek the proper care and The State Bar of Georgia Lactation Room give yourself time, you can find help and healing. The following outlines my personal experience with postpartum issues over the past four years, where I Did you know that the Bar Center share my own opinions and advice for has a lactation room? Whether how to cope with this diagnosis based you’re attending a meeting or on my own research, life experiences CLE, if you’re looking for a pri- and conversations with my doctor. vate, quiet space to pump, the This is not intended to serve as medi- lactation room meets that need. cal advice. Please seek the assistance of Complete with a comfy armchair, a physician if you feel you’re in trouble mini refrigerator and sink, this and need help. room has everything you might need to help you relax. It’s clean Many women have what is called “the and quiet, and you’ll find a box of baby blues” after their child is born, but extra supplies in case you forgot postpartum issues can become a persistent something. Visit the third floor condition that does not improve after the security desk to obtain the code first several weeks after giving birth. Many for the door, and take a moment for you. l people think postpartum issues are asso- PHOTO BY SARAH I. COOLE ciated with depression, but I learned that they can manifest in many different forms, including crippling postpartum anxiety, postpartum depressive disorder and post- partum psychosis, which is considered a medical emergency. Symptoms of post- partum issues start developing over the a desire to hurt her baby, hallucinations symptoms. They can assist in making a course of the first month after giving birth or a belief that her baby is evil, this could decision about a course of treatment and, and can persist for many months or more. indicate postpartum psychosis and is if needed, can prescribe medication that One sign of postpartum issues is a hyper- considered a medical emergency. In this will allow a mother to still be present, sensitivity about caring for your child, situation, one should immediately be functional and able to nurse if necessary. thinking no one can handle your baby bet- taken to the emergency room for care. They can also work quickly to get the ter than you or obsessing over small de- While this case is more severe, the pre- mother the care she needs, which is vital. tails, such as which socks to put on your viously listed symptoms can be treated I would not recommend going to a gen- baby that day. Other signs of postpartum with the help of a good psychiatrist who eral practitioner for help with suspected issues include feelings of worthlessness, works specifically with women who postpartum issues, mainly because, due to a lack of confidence in parenting, anger, have postpartum issues, and who can lack of specialized training, they can often significant sleeplessness (insomnia in ad- prescribe medications as needed based give a wrong diagnosis or prescribe the dition to caring for the baby), feelings of on a woman’s particular circumstances. wrong medication. This results in a delay guilt and sadness, decreased concentration In my own experience, I found it is in getting needed care and may even exac- and extensive anxiety. critical to see a psychiatrist who works erbate a woman’s condition. The quicker Furthermore, I learned that if a moth- specifically and exclusively with postpar- a mother gets the care she needs, the bet- er begins to have abnormal feelings such tum women, as they have been trained to ter it is for her, the baby and all involved as thoughts of death, suicidal ideations, make a specific diagnosis given a woman’s in their care. 2019 DECEMBER 57 RESOURCES & TOOLS Lawyers Assistance Lawyers Helping SOLACE Program Program (LAP) Lawyers (LHL) LAP offers Bar members a 24- LHL is a confidential peer-to-peer SOLACE (Support of Lawyers/ hour assistance and crisis volunteer program that offers Legal Personnel—All counseling hotline (800-327- collegial support for stress, Concern Encouraged) offers 9631); six pre-paid clinical addiction, depression or other assistance for any member of counseling sessions per personal issues. Any Bar member the State Bar of Georgia who calendar year (Use Your Six); in good standing can volunteer suffers serious loss due to a and a Work/Life Program after completing a mandatory sudden catastrophic event, for help with childcare, 2.5 hour (2 CLE hours) training. injury or illness. Learn more elder care and finances. Visit www.georgiaLHL.org for at www.gabar.org/SOLACE. All services are strictly more information. confidential and provided by CorpCare Associates, a national counseling agency. Visit www.gabar.org/LAP for more information. In talking with my physician, I firm. After both my children were born, For me, postpartum issues came in the learned that risk factors for postpartum I needed to care for my staff, which form of extreme anxiety and insomnia. depression include a previous psychiat- made maternity leave very stressful for I was not in good shape at all, but con- ric history, a lack of a strong support me. Because I was away from my prac- tinued to have to handle my cases from group, lifestyle dissatisfaction (e.g., tice, I retained fewer clients, and it sig- home, make payroll and pay other busi- disliking your job or marital discord) nificantly impacted my income. But I ness expenses during my absence. I took or stressful life events while caring needed to ensure my clients were still steps to seek professional medical care, for your child, like a death in the fam- being taken care of and that my staff and and, both times, I gave it over to God and ily, being a single parent or having an business expenses were paid, even if I just let go—and it somehow worked out unplanned pregnancy. Another com- was not present in the office. Plus, I had in the end. I got through my maternity mon cause of postpartum psychiatric two children in four years, so I felt that leave, kept up with my cases and man- issues comes from having a traumatic I was either pregnant, caring for a new- aged to pay my expenses while dealing birth experience. Abnormal trauma born or on maternity leave for almost with a diminished income. I always share during birth—uterine rupture, an inef- five years. These circumstances hit me with my friends that many seemingly in- fective epidural during a C-section or very hard. Not being able to completely surmountable situations usually resolve the threat of harm to the baby during step away from work while on leave only themselves with commitment, confidence labor and delivery—may result in post- heightened my stress. Luckily, I have a and focus. I compare it to a rollercoaster— traumatic stress disorder, which can very supportive husband, and we were you just have to hold on, and eventually contribute to a postpartum diagnosis. able to secure childcare, but I was still you will make it to the end. I know this is In my case, I run a very busy immi- diagnosed after both births as being on easier said than done; however, with the gration practice and own my own law the postpartum spectrum. care of the proper physician and the sup- 58 GEORGIA BAR JOURNAL Suicide Awareness Lawyers Living Well Attorney Wellness Campaign Committee This campaign assists The Lawyers Living Well website The Attorney Wellness members of the Bar who are features articles and resources Committee of the State Bar of suffering from anxiety and on mental, physical and social Georgia is made up of several depression and may be at well-being; a calendar of events; subcommittees, including risk for suicide. This program and a directory of wellness the Mental Well-Being also provides resources to providers and special offers. Subcommittee, the Social help Bar members recognize Visit www.lawyerslivingwell.org. Well-Being Subcommittee warning signs and seek help and the Physical Well-Being for themselves or others. Call Subcommittee, amongst others. the confidential LAP hotline at To contact a member of the 800-327-9631 for information committee, view a list at or visit www.gabar.org/ www.lawyerslivingwell.org. suicideawareness. port of my husband, I am finally making and that only makes things worse. You sources the Bar offers for lawyers who it through. My daughter is almost two might be surprised by how many people need assistance. As a member of the Bar’s years old now, and I feel I am finally out will step up to help if you only ask. You Mental Well-Being Subcommittee (of the of the woods. Of course, postpartum is- should not suffer in silence or be afraid Attorney Wellness Committee), I encour- sues rarely resolve themselves overnight, of a perceived stigma surrounding men- age any and all members to utilize these and in many cases, it can take years to tal health issues. A large percentage of valuable tools. recover, especially if you have back-to- lawyers deal with mental health issues, I hope my story helps even one person back pregnancies and if you were on including suicide, given the high stress find recovery in identifying and recover- the spectrum after the first time you level of our profession. As a group, we ing from postpartum issues. I have shared gave birth. need to end the stigma surrounding this to show that there is no stigma sur- My advice to women who are suffer- mental health issues and speak openly rounding your struggles that is too great ing is, “Don’t lose hope!” There are many about them. Often, we are all going to prevent you from seeking good care. resources available to you if you need as- through something in our lives that may Here’s to wellness! l sistance, even if you don’t have a solid expose us to health issues. Being open support system in place. You can choose about them is critical to recovery. There to see a therapist if medication is not the is no shame in asking for help. Amna Shirazi is an award- route you want to take, or you can see a The State Bar of Georgia has made a winning immigration specialized psychiatrist to assist you with huge commitment to serving its mem- attorney in Atlanta. She works specific issues. I also recommend reach- bers in almost all aspects of any mental in immigration litigation, family based immigration ing out to friends and family. Ask for health, crisis or addiction issue. So many and federal immigration appeals. help. So many people suffer in silence, people do not realize the wealth of re- 2019 DECEMBER 59 GBJ | Writing Matters Tackling Block Quotes Whether the purpose of the text is to persuade, to inform, or both, long quotations are sometimes appropriate. When that is so, remember to keep the reader engaged by following these strategies. BY DAVID HRICIK AND KAREN J. SNEDDON A lawyer once said that if you want to ensure something won’t be read, put it in a block quote. There is some truth to that. This installment of “Writing Matters” shares some suggestions on how to tackle block quotes in a way that ensures the quotes will be read—and be understood. A quotation from a legal source or a factual source is sometimes critical to the purpose of the text. For example, a witness’s exact testimony or a con- tract’s provision may need to be quoted at length, as might be the case with a provision of a will, statute or patent. However, the use of block quotes, that is quotes of more than 50 words, should be the exception, not the rule. Block quotes should be reserved for not only when the exact language is critical, but an extensive amount of text is critical to the writer’s purpose. Even when a block quote is needed, consider if it can be shortened by using ellipses. This helps the reader focus on the key language. If you have a block quote and find that you have italicized portions of it, this may be a sign that ellipses could be helpful. Or, consider if the text intro- ducing the block quote can define some GETTYIMAGES.COM/DENISIK11 of the phrases in it, and thereby shorten 60 GEORGIA BAR JOURNAL the quote by using brackets. Further, if a amount of damages to be awarded, if above, consider whether the following block quote is needed, then summarize any, shall after a reduction of dam- would effectively shorten the block quote the key language after the block quote ages pursuant to subsection (a) of this but leave the key text: to ensure that the reader has grasped the Code section, if any, apportion its quote’s importance. award of damages among the persons (a) Where an action is brought against If a block quote is truly necessary, in who are liable according to the per- one or more persons. . . the trier of fact. . . leading into the extensive quote, be sure centage of fault of each person. Dam- shall determine the percentage of fault to explain why the language is critical. ages apportioned by the trier of fact of the plaintiff. . . Block quotes may be skipped by readers, as provided in this Code section shall but if you explain in the lead why the long be the liability of each person against (b) Where an action is brought against quote is so important, then the reader whom they are awarded, shall not be more than one person. . . the trier of fact may re-think that approach and think, a joint liability among the persons li- . . . shall after a reduction of damages “Well, I’d better read this.” able, and shall not be subject to any pursuant to subsection (a). . . appor- Consider the Georgia apportionment right of contribution. tion its award of damages among the statute as an example. Imagine a car wreck persons who are liable according to the case where the plaintiff has sued a single de- O.C.G.A. § 51-12-33(a)-(b). percentage of fault of each person. . . . fendant for running a red light. The defen- dant wants to have the jury apportion fault Did you even read the statute? At what This revision reduced the number of to non-parties, including the manufacturer point did you start to skim the statute? words in the block quote from 197 words of plaintiff’s car (for failing to have good Did you spot the key language suggesting to 69—nearly 66 percent fewer words. airbags), and the city (for poorly design- that a jury in a single-defendant case may The revision does not lose any meaning. ing the intersection). The plaintiff wants not apportion fault of a party other than In fact, the revision presents the text with to argue that the statute does not permit the plaintiff’s? greater clarity. a single defendant to apportion fault on Now consider this approach to Finally, after every block quote, make non-parties. (That very issue is currently the argument: sure to “close” the point. So, for example, on appeal in Georgia, by the way.) after the shortened block quote above, the Suppose the plaintiff’s argument con- Under the plain text of the apportion- next sentence might state, “Because the sists of the following: ment statute, a jury in a single defen- plain text allows reduction of fault only in dant case cannot apportion fault to suits against ‘more than one person,’ this The plain text of Georgia’s apportion- non-parties. The statute permits the court should not permit apportionment for ment statute does not permit a jury in plaintiff’s fault to always be raised—in a the fault of anyone besides the plaintiff.” a single defendant case to apportion suit against “one or more” defendants— Accuracy is one goal of legal writing. damages to non-parties: but fault of others is permitted only if Whether the purpose of the text is to per- suit is against “more than one” defen- suade, to inform or both, long quotations (a) Where an action is brought dant. Specifically, the statute states: are sometimes appropriate. When that is against one or more persons for so, remember to keep the reader engaged injury to person or property and (a) Where an action is brought by following these strategies. l the plaintiff is to some degree re- against one or more persons. . . . sponsible for the injury or damages claimed, the trier of fact, in its deter- (b) Where an action is brought David Hricik, a professor of mination of the total amount of dam- against more than one person. . . . law at Mercer University ages to be awarded, if any, shall de- School of Law, has written a termine the percentage of fault of the (The block quote in this example would number of books and articles. The Legal Writing plaintiff and the judge shall reduce contain the full statutory text, but we Program at Mercer is among the best the amount of damages otherwise omit it here for brevity.) in the nation. awarded to the plaintiff in propor- The use of the lead-in orients the read- tion to his or her percentage of fault. er to the issue and states why the plain Karen J. Sneddon is a text supports the plaintiff’s position. professor of law at Mercer (b) Where an action is brought Then, the use of the italicized language University School of Law. against more than one person for in- points the reader to the key text. jury to person or property, the trier of Now consider whether the block quote fact, in its determination of the total could be shortened. Using the same lead 2019 DECEMBER 61 GBJ | Professionalism Page Law School and Professional Identity Formation This article is adapted from our book, “The Formation of Professional Identity: the Path from Student to Lawyer,” and reviews the concept of professional identity, something that practicing lawyers of any age may find useful as they reflect on their own roles in the profession. BY PROF. PATRICK E. LONGAN, PROF. DAISY HURST FLOYD AND PROF. TIMOTHY W. FLOYD Law school is a transformative pro- lawyer who ___.” The professional iden- cess. Students learn things that lawyers tity we strive to promote for our students need to know and learn how to do some is one that internalizes the traditional of the things that lawyers do. But that values of the profession and disposes the is not all. Beyond knowledge and skill, students to act in accordance with them. law students absorb lessons about the We have recently written a book that professional values that are supposed to we will be using in that process: “The guide the deployment of their newfound Formation of Professional Identity: the knowledge and skill. Path from Student to Lawyer” (Routledge We’ve spent many years teaching and Press 2019). A focus on professional iden- writing about ethics and professional- tity formation is not new or original with ism, and collectively we have practiced in us. But in our book we offer our own spe- a variety of settings. Those experiences cifics about the components of the right have led us to conclude that the best way kind of professional identity for lawyers to help our students understand and com- and, based upon our experience in teach- mit to the values of the profession is to ing legal ethics and professionalism, how focus on the development of “profes- best to begin the process of professional sional identity.” The concept of a “profes- identity formation among law students. sional identity” may be unfamiliar to most Practicing lawyers of any age may also lawyers, and it may sound like academic find the book and the concept of profes- gobbledygook. It is actually simple and sional identity useful as they reflect on intuitive. An identity is just a deep sense their own roles in the profession. of self in a particular role. We all form Our book discusses in depth the six multiple identities as we go through life— virtues that should be part of the profes- for example, as a friend, as a spouse or as sional identity of every lawyer: profes- a person of faith. Professional identity is sional excellence, fidelity to the client, a piece of this evolving sense of self for fidelity to the law, public service, civility law students and lawyers. A sense of your and practical wisdom. We make the case professional identity would enable you to why students and lawyers should seek to complete the sentence, “I am the kind of acquire and cultivate these virtues—be- GETTYIMAGES.COM/STANCIUC 62 GEORGIA BAR JOURNAL cause doing so will help them to make a notion of professionalism broadens the right direction of a more comprehensive meaningful difference in the lives of oth- conception of a lawyer’s professional re- process of introducing law students into ers and to flourish as individuals in the sponsibilities in important ways. One of the values of the profession. However, profession. We explore, as to each virtue, the early proponents of professionalism, now that the shortcomings of such train- the details of what it means and why it Chief Justice Harold Clarke of the Su- ing are clear, another approach is needed. matters. We identify the reasons why a preme Court of Georgia, once famously That is where “professional identity” lawyer might find it difficult in particular wrote that “ethics is a minimum standard and our new book come in. We hope situations to deploy each virtue, and we which is required of all lawyers while pro- that students and members of the Bar give recommendations for how to over- fessionalism is a higher standard expected find it useful. We invite you to read it come those obstacles. of all lawyers.”1 Such an expectation does and see for yourselves, and we welcome We focus on professional identity in not fit comfortably into a regulatory your feedback. l part because law school historically has framework but can find useful expression not been as good about transmitting the in an aspirational statement on profes- values of the profession as it has been sionalism. The modern professionalism Prof. Patrick E. Longan about teaching knowledge and skill. For movement has spawned dozens of such holds the William Augustus decades, no training in ethics or profes- statements, including Georgia’s “A Law- Bootle Chair in Ethics and sionalism was required. Since the post- yer’s Creed” and “Aspirational Statement Professionalism in the 2 Practice of Law at the Mercer Watergate era began, all law schools on Professionalism.” University School of Law and is the have been required to teach all students We believe in teaching professionalism Director of the Mercer Center for Legal a course on professional responsibility, to law students but have come to recog- Ethics and Professionalism. which almost always focuses on the Mod- nize the shortcomings of such instruction. el Rules of Professional Conduct. Study of One is motivation. The underlying theme Prof. Daisy Hurst Floyd is the Model Rules provides some guidance of the professionalism movement is to University Professor of Law to students about the values of the pro- inspire students and lawyers, to convince and Ethical Formation at fession and motivates conduct that lives them that they should conduct themselves Mercer University School of up to these values primarily by the fear of in particular ways, even at cost to them- Law, where she formerly served as dean. She is a discipline such as disbarment. selves, when no rule requires them to do graduate of Emory University and the As a way of transmitting the values so and they need not fear any punish- University of Georgia School of Law. of the legal profession and motivating ment. That is not enough for some stu- students to live up to them, the profes- dents. Part of the problem is that, frankly, Prof. Timothy W. Floyd holds sional responsibility course is important professionalism teaching can sound a lit- the Tommy Malone but incomplete. Not all of the values of tle preachy. Our experience has been that Distinguished Chair in Trial the profession are reflected in the rules. many law students do not respond well Advocacy and serves as For example, civility is a core value of the to preaching. They are in the midst of Director of Experiential legal profession, yet there is no “civility rigorous training to be critical think- Education at Mercer University School of Law. rule” in the Model Rules. Furthermore, ers and are understandably skeptical of many kinds of misconduct are difficult to received wisdom. This article is adapted from “The detect and therefore difficult to punish. Another shortcoming of professional- Formation of Professional Identity: And deploying the values of the profes- ism teaching is that it does not provide The Path from Student to Lawyer” sion in complex circumstances requires any guidance on how to turn noble as- (Routledge Press 2019). much more than knowledge of the “do’s pirations into action in particular situa- and don’ts.” Often the value-laden deci- tions. Being able to recite professionalism sion for lawyers is about what they should guidelines does not enable law students Endnotes do, among multiple permissible actions. to solve complex real-world problems in 1. Harold G. Clarke, Professionalism: Knowing the rules of conduct and the which more than one professional value is Repaying the Debt, 25 Georgia State possible consequences of violating them in play. It is like telling a pianist about all Bar Journal 170, 173 (1989). is important, but it is not enough. the beautiful notes but providing no guid- 2. A copy of A Lawyer’s Creed and More recently, some law schools have ance about which notes to play in which the Aspirational Statement on exhorted students to “aim higher” than order. The beautiful notes are no practical Professionalism is available on the rules and aspire to act with “profes- good at concert time. the website of the Chief Justice’s sionalism.” Mercer Law School has been Courses and programs on profession- Commission on Professionalism at teaching such a course since 2004. The alism have been an important step in the www.cjcpga.org. 2019 DECEMBER 63 GBJ | In Memoriam In Memoriam honors those FRED D. BENTLEY SR. TOM A. EDENFIELD W. DONALD KNIGHT JR. members of the State Bar of Marietta, Georgia Savannah, Georgia Atlanta, Georgia Georgia who have passed Emory University School Mercer University Walter University of Virginia away. As we reflect upon the of Law (1948) F. George School of Law School of Law (1967) memory of these members, we Admitted 1948 (1963) Admitted 1967 are mindful of the contribu- Died October 2019 Admitted 1962 Died September 2019 Died October 2019 tions they made to the Bar. HARRY BEXLEY THEODORE HAROLD Each generation of lawyers is Atlanta, Georgia ALAN M. GERLACH JR. LAMBERT indebted to the one that Woodrow Wilson College Orlando, Florida Bainbridge, Georgia precedes it. Each of us is the of Law (1947) University of Florida Levin University of Georgia recipient of the benefits of the Admitted 1948 College of Law (1975) School of Law (1959) learning, dedication, zeal and Died October 2019 Admitted 1979 Admitted 1959 standard of professional Died February 2019 Died October 2019 responsibility that those who FRANCIS M. BIRD JR. have gone before us have Atlanta, Georgia JOHN S. HARRISON JOSEPH E. LOGGINS contributed to the practice of Emory University School Grayson, Georgia Summerville, Georgia law. We are saddened that they of Law (1964) Mercer University Walter Woodrow Wilson College are no longer in our midst, but Admitted 1964 F. George School of Law of Law (1955) Died September 2019 (1955) privileged to have known them Admitted 1955 Admitted 1958 Died July 2019 and to have shared their SCOTT FRANCE BISHOP Died October 2019 friendship over the years. Saint Petersburg, Florida THOMAS WILLIAM Valparaiso University MORRIS DOUGLAS HODGES MALONE School of Law (1993) Smithville, Tennessee Atlanta, Georgia LENDON JAMES Admitted 1997 University of Kentucky Mercer University Walter ALEXANDER Died April 2019 College of Law (1949) F. George School of Law Washington, D.C. Admitted 1965 (1966) The George Washington BENJAMIN P. BRINSON Died April 2019 Admitted 1965 University Law School Claxton, Georgia Died October 2019 (2017) University of Georgia CYNTHIA LYNNE HORTON Admitted 2017 School of Law (1979) Tucker, Georgia SAM J. MCFADYEN JR. Died April 2019 Admitted 1979 Atlanta’s John Marshall Hudson, Florida Died October 2019 Law School (1980) University of South DAVID S. BAKER Admitted 1980 Carolina School of Law Atlanta, Georgia JOHN DUDLEY CARTLEDGE Died October 2019 (1958) Harvard Law School (1961) Columbus, Georgia Admitted 1958 Admitted 1966 Emory University School AMY LEIGH JETT Died July 2019 Died October 2019 of Law (1961) Marietta, Georgia Admitted 1960 Georgia State University JULIE FEGLEY MCINTYRE STEPHEN K. BARNETT Died September 2019 College of Law (2006) Columbia, South Carolina Green Cove Springs, Admitted 2006 Emory University School Florida JOHN D. COMER Died October 2019 of Law (1982) Georgia State University Macon, Georgia Admitted 1982 College of Law (2003) University of Georgia LEROY R. JOHNSON Died February 2019 Admitted 2003 School of Law (1949) Atlanta, Georgia Died May 2019 Admitted 1958 North Carolina Central THOMAS R. MORAN Died April 2019 University School of Law Moreland, Georgia EMORY B. BAZEMORE (1957) University of Georgia Tybee Island, Georgia AVARY DIMMOCK JR. Admitted 1959 School of Law (1969) Atlanta’s John Marshall Ellijay, Georgia Died October 2019 Admitted 1969 Law School (1968) University of Georgia Died August 2019 Admitted 1970 School of Law (1949) WILLIAM BOYD KIRKSEY Died September 2019 Admitted 1949 Jackson, Mississippi PATRICK J. MULLIGAN Died March 2019 Mississippi College Dallas, Texas School of Law (1975) Southern Methodist Admitted 2010 University Dedman Died May 2019 School of Law (1989) Admitted 2004 Died May 2019 64 GEORGIA BAR JOURNAL 2019 DECEMBER 65 MATTHEW M. MYERS SCOTT WALTERS JR. OBITUARIES Macon, Georgia East Point, Georgia Mercer University Walter Mercer University Walter F. George School of Law F. George School of Law (2003) (1950) Sen. Leroy R. Johnson, 91, passed away in October. Admitted 2003 Admitted 1950 Johnson was born in Atlanta on July 28, 1928, to Leroy Died September 2019 Died February 2019 I. Johnson and Elizabeth Heard Johnson and had one T. DAVID PRICE WILLIAM BYRD WARLICK sibling, the late Lillian Earlene Johnson Mitchell. Austin, Texas Augusta, Georgia Growing up in the heart of Atlanta, Johnson at- University of Louisville University of Georgia tended Walker Street Elementary School and earned Louis D. Brandeis School School of Law (1965) his high school diploma from the historic Booker T. Washington of Law (1978) Admitted 1965 High School. After graduating, Johnson earned a bachelor’s degree Admitted 1983 Died September 2019 Died December 2018 from Morehouse College in 1949, and a master’s degree from Atlanta ROGER HARLESTON University (now known as Clark Atlanta University). He served as a JEFFREY STANTON PURVIS WASHINGTON history teacher at his high school alma mater before attending North Cumming, Georgia Stone Mountain, Georgia Carolina Central University School of Law. Western Michigan Atlanta Law School (1984) After receiving his law degree, Johnson became the first African- University Thomas M. Admitted 1996 Cooley Law School (1995) Died February 2019 American to be hired by the Fulton County Solicitor General’s Office Admitted 1997 (now known as the Fulton County District Attorney’s Office). He Died October 2019 E. MULLINS WHISNANT served as a criminal investigator for the office from 1957-62. Columbus, Georgia In 1962, Johnson became the first elected African-American sena- SCOTT A. RAY Mercer University Walter tor in the state of Georgia, and in the south since Reconstruction. Atlanta, Georgia F. George School of Law Emory University School (1950) Just a year later, President Lyndon B. Johnson appointed Johnson as of Law (1956) Admitted 1950 the Special Ambassador to Zanzibar, Africa. Johnson accompanied all Admitted 1957 Died October 2019 of the special dignitaries on Air Force One to the Zanzibar Indepen- Died May 2019 dence Ceremonies that same year. In 1968, Johnson was appointed JOHN W. WILCOX JR. to the Senate Judiciary Committee, and by 1970, Johnson managed WILLIAM L. RONNING Atlanta, Georgia Savannah, Georgia University of Georgia to do what was considered impossible in both the legal world and the Samford University School of Law (1951) world of sports: Johnson represented the internationally-known box- Cumberland School of Admitted 1951 ing phenomenon, Muhammad Ali, and helped him regain his boxing Law (2001) Died September 2019 license. The fight was held in Atlanta on Oct. 26, 1970. l Admitted 2001 Died October 2019 ELIZABETH GLENN STOW Atlanta, Georgia Emory University School of Law (1981) Admitted 1981 Memorial Gifts Died May 2019 Memorial Gifts are a meaningful way to honor a loved one. The Georgia Bar Foundation furnishes the Georgia Bar Journal with memorials to honor deceased members of the State Bar of Georgia. Memorial Contributions may be sent to the Georgia Bar Foundation, 104 Marietta St. NW, Suite 610, Atlanta, GA 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. Unless otherwise directed by the donor, In Memoriam Contributions will be used for Fellows programs of the Georgia Bar Foundation. 64 GEORGIA BAR JOURNAL 2019 DECEMBER 65 OBITUARIES Theodore Harold Lambert, 84, of Bainbridge, Thomas William “Tommy” Malone Sr., passed away in October. A native of southwest 76, passed away in October. Malone was born Georgia, he grew up on a farm near Climax, on Nov. 2, 1942, in Albany, Georgia, to Judge Georgia. He graduated from Climax High School, Rosser Adams Malone and Petrona “Toni” attended Florida State University where he was a Underwood Malone. He completed his educa- member of Delta Tau Delta, serving as president, tion in the Dougherty County public schools and graduated in 1957 with a degree in political science. Lam- and attended the University of Georgia in 1960-63. He bert attended the University of Georgia School of Law, where went on to attend Mercer University Walter F. George he received his LLB degree. He was editor of the University of School of Law and was admitted to the State Bar of Geor- Georgia Bar Journal and member of Phi Delta Phi legal frater- gia in 1965, a year before he graduated with his law degree. nity. He became a member of the State Bar of Georgia in 1959 After law school, Malone returned to his hometown of and returned to Bainbridge and Decatur County to practice Albany to begin his legal career as a trial lawyer by join- law, taking with him a lifelong love for the Bulldogs. ing his father in law practice. Within a few years, Malone In 1960, he began his practice of law with Judge Vance founded Malone Law. This was the beginning of his career Custer and Charles Kirbo in Bainbridge. He grew his own law as a tenacious legal pioneer, as he was one of very few will- firm, Lambert, Floyd & Conger with George C. Floyd Sr., B. ing to represent regular people against the rich and power- Thomas Conger, Cathy Cox and Wayne W. Lambert Jr. ful establishment, which resulted in many losses at trial. Lambert was past president of the Bainbridge-Decatur Through one of these losses, he formed a friendship with County Bar Association, past president of the Bainbridge Ro- the famed “King of Torts,” Melvin Belli, who told Malone tary Club and a Paul Harris fellow. He served several terms in he was the best lawyer he had ever seen in the courtroom. the Georgia House of Representatives and was county attorney Malone went on to launch a career of obtaining record-setting for many years. He has been recognized and remembered for recoveries for the families of those severely injured or killed in the many generous contributions he made in support of local preventable disasters occurring in hospitals, on the highways charitable and fund-raising activities. and the airways. Throughout his 50-year legal career, Malone Lambert loved God, country and family. He was an active was considered a giant in the legal arena by his peers. member of the First Baptist Church of Bainbridge from 1960 Additionally, he was a leader in numerous state, na- until his death. One of the highest honors of his life and what tional and international legal organizations. He was a past he felt was one of his highest achievements was to have had president of the American Board of Professional Liabil- the class he taught for more than 30 years named the Penny- ity Attorneys, the Southern Trial Lawyers Association, the Lambert Sunday School Class. l Melvin M. Belli Society and the Georgia Trial Lawyers As- sociation. He was also included as a fellow in the Interna- tional Academy of Trial Lawyers and the International So- ciety of Barristers, which are reserved and limited to the 500 most elite trial lawyers in the United States and abroad. Among his many professional awards and honors, Malone was most proud of receiving the War Horse Award and an award named in his honor, the Tommy Malone Great American Eagle Award, both from the Southern Trial Lawyers Association. Malone also served with the Carter Center Board of Council- ors, Shepherd Center Foundation Board of Trustees and the Mercer University Board of Trustees. He served as chairman of the Board of Trustees at Mercer in 2015-17 and was an ardent supporter of Mercer University Walter F. George School of Law, endowing the Tommy Malone Distinguished Chair in Trial Advocacy at the law school. l 66 GEORGIA BAR JOURNAL 2019 DECEMBER 67 GBJ | ICLE Calendar To register for any of these seminars, visit www.gabar.org/ICLEcourses or call 678-529-6688. DECEMBER 4 Update on Georgia Law 17 Not Your Typical CLE—Rebroadcast Martinez, Ga. | 6 CLE Atlanta, Savannah and Tifton, Ga. | 6 CLE 5 Health Care Fraud Institute 18 Georgia and the Second Amendment Atlanta, Ga. | 7.5 CLE Atlanta, Ga. | 6 CLE 5 What Every Practitioner Should Know 19 Wellness for Lawyers: Why We Need It and About the New Tax Laws How We Get It—Rebroadcast Atlanta, Ga. | 6 CLE Atlanta, Savannah and Tifton, Ga. | 3 CLE 5-6 Defense of Drinking Drivers Institute 19 Professional and Ethical Dilemmas Atlanta, Ga. | 12 CLE in Litigation—Rebroadcast Atlanta, Savannah and Tifton, Ga. | 6 CLE 6 Labor and Employment Law Institute Atlanta, Ga. | 6 CLE 20 Jury Trial—Rebroadcast Atlanta, Savannah and Tifton, Ga. | 6 CLE 6 Professionalism, Ethics and Malpractice Atlanta, Ga., and live broadcast to Albany, 30 ADR Institute and Neutral’s Conference— Athens, Columbus, Griffin, Macon, Savannah Rebroadcast and Tifton, Ga. | 3 CLE Atlanta, Savannah and Tifton, Ga. | 6 CLE 10 Powerful Witness Preparation Atlanta, Ga. | 6 CLE JANUARY 10 Winning Numbers: 8 Personal Injury Law Clinic II Accounting and Finance for Lawyers Atlanta, Ga. | 4 CLE Atlanta, Ga. | 6 CLE 9 Defense of a Personal Injury Case 11 Personal Injury Clinic 1 Atlanta, Ga. | 6 CLE Atlanta, Ga. | 4 CLE 10 Restrictive Covenants and Trade Secrets 11 Recent Developments—Rebroadcast in Georgia Atlanta, Savannah and Tifton, Ga. | 6 CLE Atlanta, Ga., and live broadcast to Albany, 12-13 Consumer and Business Bankruptcy Institute Athens, Columbus, Griffin, Macon, Savannah Greensboro, Ga. | 7 CLE and Tifton, Ga. | 6 CLE 12-13 Corporate Counsel Institute 15 Residential Real Estate Atlanta, Ga. | 12 CLE Atlanta, Ga., and live broadcast to Albany, Athens, Columbus, Griffin, Macon, Savannah 13 ADR Institute & Neutrals’ Conference and Tifton, Ga. | 6 CLE Atlanta, Ga., and live broadcast to Savannah and Tifton, Ga. | 6 CLE 16 Jury Trial Atlanta, Ga., and live broadcast to Albany, 13 Chief Justice’s Convocation Athens, Columbus, Griffin, Macon, Savannah on Professionalism and Tifton, Ga. | 6 CLE Atlanta, Ga. | 6.5 CLE 17 Deposition Control 13 AAML Family Law Seminar Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6.5 CLE 66 GEORGIA BAR JOURNAL 2019 DECEMBER 67 17 Georgia Auto Insurance Claims Law 7-8 Estate Planning Institute Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 22 Speaking to Win 12 Women in the Legal Profession Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 23 Hazing Seminar 12 Personal Injury Law Clinic III Atlanta, Ga. | 6 CLE Atlanta, Ga. | 4 CLE 29 Not Your Everyday Custody Case 13 Ancient Foundation and Modern Equivalents Atlanta, Ga. | 6 CLE Atlanta, Ga. | 3 CLE 30 Basic Securities Law 13 John C. Mayoue’s Convocation Atlanta, Ga. | 6 CLE on Professionalism Atlanta, Ga. | 6 CLE 30 Child Protection Seminar Atlanta, Ga. | 6 CLE 13-14 Social Security Law Institute Atlanta, Ga. | 12 CLE 31 Construction Law for the GP Atlanta, Ga. | 6 CLE 14 Administrative Law for Attorneys Atlanta, Ga. | 6 CLE 31 White Collar Crime Atlanta, Ga. | 6 CLE 19 Nuts and Bolt of Local Government Law Atlanta, Ga. | 6 CLE 31 Small Firm Bootcamp Atlanta, Ga. | 6 CLE 19 Special Needs Trust Atlanta, Ga. | 6 CLE 20 Internet Legal Research FEBRUARY Atlanta, Ga. | 6 CLE 2-5 Update on Georgia Law (Ski CLE) 20 Negotiated Corporate Acquisitions Vail, Colo. | 12 CLE Atlanta, Ga., and live broadcast to Albany, Athens, Columbus, Griffin, Savannah and 5 Handling Big Cases Tifton, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 21 Fundamentals of Health Care Law 5 Whistleblower Law Symposium Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 21 Product Liability 6 Abusive Litigation Atlanta, Ga., and live broadcast to Albany, Atlanta, Ga. | 6 CLE Athens, Columbus, Griffin, Macon, Savannah 6 Advanced Debt Collection and Tifton, Ga. | 6 CLE Atlanta, Ga., and live broadcast to Albany, 25 Beginning Lawyers Program Athens, Columbus, Griffin, Savannah and Atlanta, Ga., and live broadcast to Tifton, Ga. | 6 CLE Savannah and Tifton, Ga. | 6 CLE 7 Eminent Domain 26 Attorney’s First Aid Kit Atlanta, Ga., and live broadcast to Albany, Atlanta, Ga., and live broadcast to Albany, Athens, Columbus, Griffin, Macon, Savannah Athens, Columbus, Griffin, Macon, Savannah and Tifton, Ga. | 6 CLE and Tifton, Ga. | 6 CLE 68 GEORGIA BAR JOURNAL 2019 DECEMBER 69 Note: ICLE courses listed here are subject to change and availability. For the most up-to-date ICLE course details, including location and CLE information, please visit www.gabar.org/ICLEcourses. For questions and concerns regarding course postings, please call ICLE at 678-529-6688. 27 Zoning Law 12-14 General Practice and Trial Law Institute Atlanta, Ga. | 6 CLE Amelia Island, Fla. | 12 CLE 27 Banking Law 13 Advanced Topics in Franchising Atlanta, Ga., and live broadcast to Albany, and Distribution Athens, Columbus, Griffin, Savannah and Atlanta, Ga. | 6 CLE Tifton | 6 CLE 13 Trial and Error 28 Criminal Practice Atlanta, Ga., and live broadcast to Albany, Kennesaw, Ga. | 6 CLE Athens, Columbus, Gainesville, Griffin, Macon, Savannah and Tifton, Ga. | 6 CLE 28 Plaintiff’s Personal Injury Atlanta, Ga. | 6 CLE 17 Family Law Issues for the Modern Family Atlanta, Ga. | 6 CLE 28 Georgia Bar Media & Judiciary Conference Atlanta, Ga., and live broadcast to Albany, 17 Business Litigation Athens, Columbus, Griffin, Macon, Savannah Atlanta, Ga., and live broadcast to Albany, and Tifton, Ga. | 6 CLE Athens, Columbus, Griffin and Tifton, Ga. | 6 CLE 18 Arbitration Institute MARCH Atlanta, Ga. | 6 CLE 18 ADR in the Workers’ Compensation Arena 3 Litigation: Soup to Nuts Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 19 Professional and Ethical Dilemmas 4 Nonprofit Law Seminar in Litigation Atlanta, Ga. | 6 CLE Atlanta, Ga., and live broadcast to Albany, Athens, Columbus, Gainesville, Griffin, 5 Secured Lending Savannah and Tifton, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 19 Toxic and Mass Torts 6 Milich on Georgia Evidence Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 20 Agriculture Law 10 Group Mentoring Macon, Ga. | 6 CLE Atlanta, Ga., and live broadcast to Savannah and Tifton, Ga. | 0 CLE 20 Bootcamp for Trial Lawyers Atlanta, Ga. | 6 CLE 11 Handling Slip and Falls and Settlement Issues in All Types of Cases 20 Proving Damages Atlanta, Ga. | 6 CLE Atlanta, Ga., and live broadcast to Albany, Athens, Columbus, Gainesville, Griffin, Macon, 11 Negotiation Strategies for Lawyers Savannah and Tifton, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 20 Winning Settlement Strategies 12 Post Judgment Collections Atlanta, Ga. | 6 CLE Atlanta, Ga., and live broadcast to Albany, Athens, Columbus, Gainesville, Griffin, 24 Anatomy for Lawyers Macon, Savannah and Tifton, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 68 GEORGIA BAR JOURNAL 2019 DECEMBER 69 GBJ | Notices Notice of Motion to Amend the Rules and Regulations of the State Bar of Georgia No earlier than Dec. 1, 2019, 30 days after the publication date of this Notice, the State Bar of Georgia will file Motion to Amend the Rules and Regulations for the Organization and Government of the State Bar of Georgia (Motion 2020-1) pur- suant to the order of the Supreme Court of Georgia dated Dec. 6, 1963 (219 Ga. 873) and amended by subsequent orders, and published in the State Bar of Georgia Handbook. The exact text of the proposed amendments can be found on the State Bar of Georgia’s website at www.gabar.org/2020-1. Any member of the State Bar of Georgia who wishes to obtain a printed copy of these proposed amendments may do so by sending such request to the following address: Betty Derrickson Office of the General Counsel State Bar of Georgia 104 Marietta St. NW, Suite 100 Atlanta, GA 30303 I hereby certify that the following is the verbatim text of the proposed amendments as approved by the Board of Governors of the State Bar of Georgia. Any member in good standing of the State Bar of Georgia who desires to object to part or all of these proposed amendments to the rules is reminded that he or she may only do so in the manner provided by Rule 5-102 (www. gabar.org/barrules/). This statement and the verbatim text of the proposed amendments are intended to comply with the notice requirements of Rule 5-101 (www.gabar.org/barrules/). Jeffrey R. Davis Executive Director State Bar of Georgia Notice of and Opportunity for Comment on Amendments to the Rules of the United States Court of Appeals for the Eleventh Circuit Pursuant to 28 U.S.C. § 2071(b), notice and opportunity for be obtained without charge from the Office of the Clerk, U.S. comment is hereby given of proposed amendments to the Rules Court of Appeals for the Eleventh Circuit, 56 Forsyth St. NW, of the United States Court of Appeals for the Eleventh Circuit. Atlanta, GA 30303 (phone: 404-335-6100). The public comment period is from Dec. 4, 2019 to Jan. 3, 2020. Comments on the proposed amendments may be submitted A copy of the proposed amendments may be obtained on in writing to the Clerk at the above address, or electronically at and after Dec. 4, 2019, from the court’s website at http://www. http://www.ca11.uscourts.gov/rules/proposed-revisions, by ca11.uscourts.gov/rules/proposed-revisions. A copy may also 5 p.m. Eastern Time on Jan. 3, 2020. 70 GEORGIA BAR JOURNAL We all have to start somewhere. The State Bar of Georgia values wellness in the legal profession, and we offer a variety of resources to help lawyers in their lives and practices. Visit lawyerslivingwell.org to read articles on wellness and access discounts to gym memberships and classes. Plus, learn about the following programs: Lawyer Assistance Program Lawyers Helping Lawyers Suicide Awareness Campaign SOLACE #UseYour6 lawyerslivingwell.org Questions? Please contact one of our Welllness Committee members, listed at gabar.org/committees under Attorney Wellness. GBJ | Classified Resources POSITION WANTED Growing personal injury firm is seeking experienced as- sociate attorneys for both our Savannah and Atlanta, Georgia offices. We are a plaintiff personal injury firm handling a wide range of injury cases, primarily MVAs and Premise cases. Our firm is built on a solid foundation of core values with client Are You service and advocacy being our number one priority. The ideal attorney for our firm must be results-driven, have empathy to- Attracting wards others, have a passion for helping people and fit our firm culture of clients first. Duties include: client management, man- the Right aging a case load from start to finish and extensive experience in negotiations. You must be comfortable in a fast-paced, detailed Audience for oriented and multi-tasked environment. The requirements for the position are: a minimum of one year of experience as a li- censed attorney in Georgia with one-year of plaintiff personal Your Services? injury experience. Needles Case Management experience and SC license is a BONUS! To join a winning team, please submit your resume, salary requirements and a short paragraph explaining why you are the best fit for our firm. Please also include in what Advertisers are discovering a fact well states you are currently licensed to practice law. Please submit known to Georgia lawyers. If you have to: [email protected]. something to communicate to the lawyers in the state, be sure that it is published in the Georgia Bar Journal. Advertisers Index 17 LawPay Contact Ashley Stollar at 404-527-8792 1 Member Benefits, Inc. or [email protected]. 41 Warren R. Hinds, P.C. 72 GEORGIA BAR JOURNAL SERVE THE BAR EARN CREDITCLE GEORGIA BAR JOURNAL LEGAL ARTICLES Earn up to six CLE credits for having your legal article 6 published in the Journal. Contact [email protected] for more information. HIGH SCHOOL MOCK TRIAL Coach a team or judge a trial for the High School Mock 3 Trial program and receive up to three hours of CLE credit. Contact [email protected] for opportunities. GEORGIA LAWYERS HELPING LAWYERS Volunteer and complete online training to be a peer 2 in the Georgia Lawyers Helping Lawyers program and earn up to two CLE hours during your training. Visit www.georgiaLHL.org for more information. BAR BENEFITS CloudLawyers DID YOU KNOW? CHECK IT OUT Find A Lawyer is the Bar’s www.gabar.org/cloudlawyers trusted lawyer search. Use this member benefit to gain clients, refer cases and research opposition. Set up your profile today!