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Looking for the Truth About Lawyers

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Looking for the Truth About Lawyers Looking forfor thethe Truth About Lawyers VIEW FROM THE BENCH • FICTION WINNERJUNE 1999 • EXPERT TESTIMONY • ALIMONY1 West (Difference of Opinion)- new- 4C full 2 GEORGIA BAR JOURNAL Editorial Board THEODORE H. DAVIS JR., Editor-in-Chief JENNIFER M. DAVIS, Managing Editor LYN ARMSTRONG D. SCOTT MURRAY GARY C. CHRISTY MARISA ANNE PAGNATTARO O. WAYNE ELLERBEE EARNEST REDWINE June 1999 • Vol. 4 No. 6 GEORGE W. FRYHOFER III AMELIA TOY RUDOLPH MICHAEL JABLONSKI WILLIAM W. SAPP ANNE R. JACOBS JOHN SPANGLER III MICHELLE W. JOHNSON PAMELA WHITE-COLBERT On the Cover: President Bill Cannon’s Foundations of Freedom program seeks SARAJANE N. LOVE J. MICHAEL WIGGINS to help the public find the truth about lawyers. The multitiered initiative is un- veiled beginning on page 10. We hope every lawyer will take advantage of the Officers of the State Bar of Georgia tools provided to help change the climate of public distrust in the profession. (ex officio members) QUICK DIAL WILLIAM E. CANNON JR., ALBANY Attorney Discipline .............. (800) 334-6865 ext. 720 (404) 527-8720 President Consumer Assistance Program ..................................... (404) 527-8759 RUDOLPH N. PATTERSON, MACON Conference Room Reservations .................................... (404) 527-8712 President-elect Fee Arbitration .............................................................. (404) 527-8750 JAMES B. FRANKLIN, STATESBORO Continuing Legal Education Transcripts ...................... (404) 527-8710 Secretary Diversity Program ......................................................... (404) 527-8754 GEORGE E. MUNDY, CEDARTOWN ETHICS Hotline ................................. (800) 682-9806 (404) 527-8741 Treasurer Georgia Bar Foundation/IOLTA .................................... (404) 527-8766 Georgia Bar Journal ..................................................... (404) 527-8736 LINDA A. KLEIN, ATLANTA Lawyer Assistance Program ............... (770) 612-1122 (800) 327-9631 Immediate Past President Law Practice Management ............................................ (404) 527-8773 ROSS J. ADAMS, ATLANTA Membership Records .................................................... (404) 527-8777 YLD President Meetings Information .................................................... (404) 527-8790 JOSEPH W. D ENT, ALBANY Pro Bono Project ........................................................... (404) 527-8763 YLD President-elect Professionalism ............................................................. (404) 527-8793 JAMES D. HYDER JR., AUGUSTA Sections ......................................................................... (404) 527-8774 YLD Immediate Past President Unauthorized Practice of Law ....................................... (404) 527-8743 Young Lawyers Division ............................................... (404) 527-8778 Editors Emeritus • (ex officio members) HEADQUARTERS RETT OCKWOOD L. B L , 1995-1997 800 The Hurt Building • 50 Hurt Plaza • Atlanta, GA 30303-2934 STEPHANIE B. MANIS, 1993-1995 (800) 334-6865 (404) 527-8700 FAX (404) 527-8717 WILLIAM L. BOST JR., 1991-1993 Visit us on the Internet at www.gabar.org CHARLES R. ADAMS III, 1989-1991 L. DALE OWENS, 1987-1989 South Georgia Office DONNA G. B ARWICK, 1986-1987 244 E. Second St. (31794) • P.O. Box 1390 • Tifton, GA 31793-1390 JAMES C. GAULDEN JR., 1985-1986 (800) 330-0446 (912) 387-0446 JERRY B. BLACKSTOCK, 1984-1985 FAX (912) 382-7435 STEVEN M. COLLINS, 1982-1984 Manuscript Submissions WALTER M. GRANT, 1979-1982 The Georgia Bar Journal welcomes the submission of unsolicited legal manuscripts on topics of interest to the State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should be STEPHEN E. RAVILLE, 1977-1979 10 to 12 pages, double-spaced (including endnotes) and on letter-size paper. Citations should conform to A ROBERT H. WALLING, 1975-1977 UNIFORM SYSTEM OF CITATION (16th ed. 1996). Please address unsolicited manuscripts to: Theodore H. Davis Jr., Editor-in-Chief, Kilpatrick Stockton LLP, 1100 Peachtree St., Suite 2800, Atlanta, GA 30309-4530. Communications Committee Authors will be notified of the Editorial Board’s decision following its next meeting. The Georgia Bar Journal welcomes the submission of news about local and circuit bar association ENNIS RIEN ARIETTA happenings, Bar members, law firms and topics of interest to attorneys in Georgia. Please send news releases D C. O’B , M and other information to: Jennifer M. Davis, Managing Editor, 800 The Hurt Building, 50 Hurt Plaza, Atlanta, Chairperson Georgia 30303; phone: (404) 527-8736. LAMAR W. SIZEMORE JR., MACON Layout and Design by Lenz Design & Communications, Inc. 119 E. Court Sq. #201, Decatur, Georgia Vice-Chairperson Publisher’s Statement Staff The Georgia Bar Journal (SSN-0016-8416) is published six times per year (bi-monthly) by the State Bar of Georgia, 800 The Hurt Building, 50 Hurt Plaza, Atlanta, Georgia 30303-2934. © State Bar of Georgia JENNIFER M. DAVIS 1996. One copy of each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to Director of Communications non-members. Single copies: $6. Periodicals postage paid in Atlanta, Georgia. Opinions and conclusions expressed in articles herein are those of the authors and not necessarily those of the Editorial Board, Commu- AMY E. WILLIAMS nications Committee, Officers or Board of Governors of the State Bar of Georgia. Advertising rate card will Communications Coordinator be furnished upon request. Publishing of an advertisement does not imply endorsement of any product or service offered. POSTMASTER: Send address changes to same address. CAROLINE SIRMON Internet Coordinator Disabilities AMY MORLEY If you have a disability which requires printed materials in alternate formats, please contact the ADA Administrative Assistant coordinator at (404) 527-8700 or (800) 334-6865. JUNE 1999 3 Martindale Hubbell pickup 4/99 p35 4C 4 GEORGIA BAR JOURNAL JUNE 1999 • VOL. 4 NO. 6 Table of Contents Professionalism Foundations of Features 1999 Law School Orientations Need You 85 Freedom 1999 State Bar Legislative Summary Law Practice Management Rebuilding the Foundations of Freedom By Mark Middleton 70 Is an Office Manager in Your Firm’s Future? By Jennifer M. Davis By Terri Olson 10 Spring in the Islands 86 Foundations of Freedom By Jennifer M. Davis 75 From the Attorney General camera-ready advertisements 87 16 Georgia Bar Media & Judiciary Conference Who’s Where By Amy E. Williams 88 Legal Articles 78 Bench & Bar 89 Admissibility of Expert Testimony After Silver Gavel Awards Honor Excellence Kumho Tire Co. v. Carmichael in Legal Reporting Section News By R. Scott Tewes 78 Section Leaders Hold Retreat 42 90 Planning for Long-term Care Departments Lawyer Assistance Program By Ira M. Leff and Daniel D Munster 91 48 From The President Lawyer Discipline Georgia Law of Alimony: A Critical It’s Time to Get Back to the Basics 92 By William E. Cannon Jr. Reexamination of the In Memoriam Quasi-Punitive Aspect 6 93 By John Barrow From The Director Pro Bono Honor Roll 54 A Long-Term Campaign to Build Public Trust By Cliff Brashier 94 8 Notices Formal Advisory Opinion 94-R11 A View from the From the YLD President Formal Advisory Opinion No. 97-R6 Seen Up Close, YLD Work is Awe-Inspiring Bench Formal Advisory Opinion No. 98-R6 By Ross J. Adams Appellate Practice “Helpful Hints” 80 98 By Hon. Stanley F. Birch Jr. Ad Index 60 YLD News Awards Banquet Honors High School 104 From the Bar to the Bench: Mock Trial Classifieds Reflections of a Rookie Judge 81 114 By Hon. Neal W. Dickert 62 Book Review A Maze of Marshalls: Zen and the Art of A Portrait of Justice Marshall Fiction Law Clerk Maintenance Reviewed by Hon. John H. Ruffin Jr. Best Laid Plans By J. Christopher Desmond 82 65 By A. Leigh Burgess 106 JUNE 1999 5 was. He reminded the young lawyer that an attack on opposing counsel IT’S TIME TO GET BACK would cause the jury to lose respect for all lawyers. When I read the article I recog- TO THE BASICS nized myself. For some time I had routinely referred to good arguments courtroom; feeling that same passion by my opponent as attempts to deceive when I meet with a difficult client for and urged the jury to ignore such the twenty-third time. We must tricks. I had embarrassed myself and recapture the excitement we felt about insulted my profession. Since that time practicing law when we first entered I always compliment my opponent the profession. even when it is difficult to find The manner in which we recapture something to compliment. I explain to the fire may take different forms the jury why each side needs a lawyer By William E. Cannon Jr. depending on the individual lawyer. It and while I may have a strong dis- may consist of simply setting aside a agreement with the lawyer’s client or ost of my time this year has block of time each week to work on the position taken, I have great respect been spent on the subject of files that require special attention. We for the attorney and the job he is Mpublic confidence in the can try volunteering for pro bono doing. Think of how many people justice system. I have spoken to many work for any one of the agencies that serve on jury duty and the number that civic clubs and bar associations about need our time and skill. For others it could hear such free public relations the troubled relationship between the may mean taking a chance and giving each year. justice system and the public. In this up one area of practice for another The same approach can work for issue of the Bar Journal you will find that you really enjoy. transaction lawyers. If you get the a report on the Bar’s effort to improve Clients want lawyers who have a chance, compliment the lawyer who that relationship (see page 10). We passion for their clients. We must prepared the first draft of a contract you have received an excellent response to communicate to our clients — each of are reviewing for the other side in a the Foundations of Freedom program them, one at a time — that they have business transaction. If probating a will and it should get us moving in the hired a human being to represent them prepared by another lawyer, be sure to right direction.
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