Darrell Sutton Serve the Bar Earn

August 2019 Volume 25, Number 1

From the President— GEORGIA BAR Continuing to Listen: #ShapeTheBar

Legal Trailblazer: Judge Rachel Pruden Herndon JOURNAL Legal—Do’s and Don’ts When Handling a Product Liability Matter in Georgia

2019 State Bar Annual Meeting Coverage

57TH STATE BAR PRESIDENT DARRELL SUTTON SERVE THE BAR EARN

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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.

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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 August 2019 | Volume 25 | Number 1

GBJ | The Features

24 2019 Annual Meeting: A Change in Location Brings a Fresh Perspective JENNIFER R. MASON

34 2019-20 State Bar of Georgia Officers, Executive Committee and Board of Governors Members

36 Hodges’ Final Remarks to the Board of Governors HON. KENNETH B. HODGES III

40 Remarks of Darrell Sutton to the Board of Governors DARRELL SUTTON

44 Sutton Sees Opportunities in Bar’s Challenges LINTON JOHNSON

48 Meet the New Executive Director of GLSP: Rick Rufolo ASHLEY G. STOLLAR

50 What a Year! The Transition Into Law Practice Program Looks Back MICHELLE E. WEST

54 Dynamic Social Justice Advocacy CLE Presented at Annual Meeting

JACQUELINE F. BUNN AND AVARITA L. HANSON GETTYIMAGES.COM/ALLKINDZA

56 Supreme Court of Georgia DO’S AND DON’TS WHEN Term Clerk Program ASHLEY G. STOLLAR The HANDLING A PRODUCT LIABILITY MATTER IN 58 Serving Those Who Served: Legal GEORGIA / 16 An Interview with Marshall-Tuttle Arthur J. Park Awardee Norman E. Zoller CHRISTOPHER PITTS

2019 AUGUST 3 72

GETTYIMAGES.COM/SPAXIAX

GBJ | In Every Issue

5 Editor’s Letter 66 Office of the General Counsel 79 Pro Bono Star Story Do I Have to Share My Alina Lee 6 From the President Doughnut? Laura Coats 10 From the YLD President Paula Frederick 14 From the Executive 82 Attorney Wellness Director 74 Law Practice Management The Loneliness Crisis 62 Bench & Bar Planning to Take Charge: LaKeisha R. Randall 67 Attorney Discipline Getting Ready for Georgia’s 72 Legal Tech Tips Solo & Small Firm Institute 84 Writing Matters 88 In Memoriam Natalie R. Kelly Voice and Tone in Legal Writing 90 CLE Calendar David Hricik and Karen J. Sneddon 76 Pro Bono 92 Notices Pro Bono Record Restriction 86 Professionalism Page 96 Classified Resources Clinics Get People Back to Work Chief Justice’s Commission on 96 Advertisers Index Mike Monahan Professionalism Issues Revised Professionalism CLE Guidelines 78 Member Benefits Karlise Y. Grier and Leslie E. Stewart Making Sure You Know Your Member Benefits Sheila Baldwin

4 GEORGIA BAR JOURNAL EDITOR’S LETTER

The August Issue

Our August 2019 issue of the Georgia Bar the brave and deserving veterans and active Journal is a celebration of the past, where duty members of our country’s military. members of the Bar have supported the Our legal article this month, “Do’s and causes that matter to Georgia’s citizens Don’ts When Handling a Product Liability and attorneys, and a look forward to the Matter in Georgia” by Arthur J. Park, fo- Bar’s bright future under its new leader- cuses on helpful and practical tips for prac- ship, who officially took office at the 2019 titioners on both sides of a case. Park shares Annual Meeting. his wealth of experience in the defense of This month’s features include an in- product liability cases and the pursuit of depth look at the 2019 Annual Meeting. We subrogation claims for insurers in order to ON THE COVER have the pleasure of outgoing Bar President help other attorneys narrow the issues in Pictured on the cover is 2019-20 President Darrell Ken Hodges’ final remarks to the Board of question and avoid the pitfalls of this com- Sutton, wife Meredith, and Governors, highlighting the wonderful plex field of law. their children Louise (4) and accomplishments of the Bar’s leaders and Any publication that serves the legal Wilson (2). members over the last year. We also hear community would be remiss not to ad- PHOTO BY REBECCA ENSLEIN from our new Bar President, Darrell Sut- dress some of the struggles faced by those ton, about the foundation of optimism and in the legal profession. This month, we hard work laid for him by his father and take a closer look at loneliness, with some how those values will guide him in helping eye-opening statistics and a view toward VISIT meet the challenges that lie ahead for the the impact loneliness can have on overall Bar and its members. well-being. I encourage each of you to be gabar.org For those of us who were unable to attend aware of the impact of loneliness in your the Annual Meeting, we are given a glimpse own life and to reach out to friends, family VIEW ONLINE of the fascinating CLE offered on Dynamic and colleagues, and to take advantage of www.gabar.org/journal Social Justice Advocacy, featuring as speakers the resources offered by your membership two champions of justice in attorney Howard in our wonderful organization. FOLLOW Twitter E. Moore Jr. and Hon. Glenda Hatchett. As a final thought on past accomplish- @StateBarofGA Speaking of champions for justice, this ments and bright futures in this, the first @GeorgiaYLD month’s edition also includes Executive issue of my tenure as Editor-in-Chief, I @iclega Director Jeff Davis’ look at the life and ca- would like to thank the members of the Facebook @statebarofgeorgia reer of Judge Rachel Pruden Herndon, the Georgia Bar Journal Editorial Board and my @GeorgiaYLD first African-American woman admitted predecessors as Editor-in-Chief for making @iclega to practice law in the state of Georgia in this publication one that I can be proud to YouTube the face of great adversity, and an inter- chair in the coming year. /StateBarofGeorgia view with Marshall-Tuttle Award recipi- I hope that you will enjoy reading this Flickr /statebarofgeorgia ent Norman E. Zoller, so awarded for his issue as much as we enjoy bringing it /yld l tireless efforts to provide legal assistance to to you. Instagram @statebarofga @georgiayld LinkedIn /state-bar-of-georgia KRISTIN POLAND Editor-in-Chief, Georgia Bar Journal [email protected]

2019 AUGUST 5 GBJ | From the President

Continuing to Listen: #ShapeTheBar

It was important as I prepared to take ing online tools, we are launching a vir- office to hear from this state’s lawyers. To tual listening tour called #ShapeTheBar. hear about the issues you feel are impor- The goal is to continue and expand the tant to the State Bar, your practices and conversations begun during the months our profession. leading to my inauguration—both dur- So I set out on the road, visiting with ing the next 12 months and beyond. and listening to small groups of lawyers We want to hear your opinions, ideas and judges in places like Rome, Macon, and concerns, and at the same time, Augusta and Savannah. With the help of ensure every member of the State Bar DARRELL SUTTON the Board of Governors members in the of Georgia is aware of the benefits of areas I visited, I was able to sit with and Bar membership. hear from many of you. I heard what con- The virtual listening tour will be struc- President cerns you, the issues you are facing and the tured around three themes: State Bar of Georgia role the Bar plays in your professional lives. [email protected] Your willingness to share helped shape Programs: What are the Bar’s pro- many of the initiatives we will accomplish grams, and what benefits do Bar over my 12 months leading our profession. members receive from them? What I (These initiatives can be found in the re- heard time and again from many of marks shared with the Board of Governors you is that the Bar could do a better during the Annual Meeting. See page 40.) job communicating to the members My only regret is that I could not all the benefits of State Bar mem- meet with and hear from more of you. bership. The Bar has substantial re- In a state with 159 counties and with our sources available to enhance your Bar’s membership now exceeding 50,000, professional life, and we want you to my 12 months in office are simply not be better informed of this broad array enough to reach everyone—either indi- of benefits available to you. vidually or in small groups—on a live, in- person listening tour. Initiatives: What are Bar leadership’s But by leveraging modern technology, initiatives, and how will Bar members the listening tour can continue. Utiliz- benefit from them?

6 GEORGIA BAR JOURNAL OFFICERS’ BLOCK

The State Bar of Georgia’s eight officers are elected to a one-year term by the membership and serve as members of the Executive Commit- tee. Three of the officer positions are held by the president, president- elect and immediate past president of the YLD, shown on page 11.

DARRELL SUTTON President Sutton and his firm, Sutton Law Group LLC in Marietta, represent individuals, businesses, insurers, self-insured companies and third-party administrators throughout Georgia, defending workers’ compensation and commercial general liability claims.

DAWN M. JONES President-Elect Service: What opportunities does the Bar offer for members to serve the Jones, of The Firm of Dawn M. Jones, LLC, is a former legal profession through participa- ICU nurse representing clients and their families tion in Bar committees, sections and for death or severe injuries resulting from medical leadership positions? negligence, nursing home neglect/abuse, collisions and other tort-related matters. She also serves as a litigation and expert witness consultant. We are creating a space for #ShapeTheBar on www.gabar.org where Bar members can share opinions, sug- ELIZABETH L. FITE gestions and concerns. We will promote Treasurer the initiative via email as well as through Fite recently formed Rogers & Fite, LLC, in Atlanta where the Bar’s social media channels and in the she will focus on representing those injured in the Georgia Bar Journal. areas of truck and motor vehicle accidents, premises Some of the questions we expect to ask liability, product liability and railroad accidents. and answer through this conversation with membership are: l What resources does the Bar offer its members? SARAH B. "SALLY" AKINS Secretary l How can members take advantage of those resources? Akins is a partner at Ellis Painter Ratterree & Adams l How does the Bar serve its members LLP in Savannah. Her practice focuses on civil trial and the public? practice, including premises liability, professional negligence and products liability, amongst others. l What resources are not offered that would be beneficial to our members? But this is only a starting point. We want to hear (and answer) questions you HON. KENNETH B. HODGES III have as you have them. We want to know Immediate Past President how best to communicate Bar benefits. And we want to create a forum for you Hodges was sworn in to the Court of Appeals of to provide input about the future of the Georgia as a judge in January 2019. Prior to being Bar and feedback on Bar initiatives as they sworn in, Hodges’ practice focused on criminal develop. As you share, we will share, from defense and civil litigation, including but not limited to personal injury, wrongful death, commercial time to time providing the results of your litigation and civil rights cases. input on www.gabar.org, in the Journal and via social media.

2019 AUGUST 7 This is your opportunity to make the Bar better, and the Bar’s opportunity to make your professional life We want to hear from you. better.

Think about it this way: If you and I to make the practice of law easier for you, This is your opportunity to make the Bar were sitting at a table together having what would you say? That’s what I want better, and the Bar’s opportunity to make lunch and I asked you to tell me your to hear—nothing is too big or small. Email your professional life better. I’m excited thoughts about the legal profession in [email protected] with #ShapeTheBar to continue this conversation with y’all. Georgia, what would you say? If I asked as the subject line, or send feedback via So please share. Help me shape the Bar. you to tell me one thing the Bar could do social media with the tag #ShapeTheBar. I’m listening! l

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5 minutes 5ago minutes ago

8 GEORGIA BAR JOURNAL We want to hear from you. 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 | From the YLD President

The YLD: Opportunities to Learn and Serve

If you are like me at the age of 22, by the collegiality of those in attendance when you entered law school, you did and the capacity that YLD members so with dreams of making a positive have to work together, from different difference in society by using your law backgrounds but toward a common goal: degree to help others in their times of to work to promote the legal profession need. Whether they are dealing with the and our communities as “the service arm” consequences of an arrest, going through of the State Bar. a divorce, purchasing a home or making For seven years now, through involve- WILL DAVIS a major business decision, people often ment in the YLD, I have made connec- need lawyers to help. tions—and some lifelong friendships— YLD President Those of us fortunate enough to make with people whom I otherwise might State Bar of Georgia it through law school, pass the bar exam never have met, much less worked with [email protected] and get a job have the opportunity to see and learned from. Through these experi- those hopeful thoughts realized right ences with other young lawyers, I have away, although perhaps not as quickly as discovered that differences we bring in we thought. I’ll tell you up front: I am terms of background, geography and one of the lucky ones. With my parents’ practice areas, make us far more alike than encouragement and support, good we are different. schools and landing my first job with By choice, we are members of a pro- the Albany office of the Georgia Legal fession that, by its nature, is adversarial. Services Program, those opportunities It’s stressful. It can be hard. We often did come quickly, and I am thankful have to take the blame for things that for that. are not our fault. Clients may love us. But I have also benefited greatly from Clients may hate us. Judges may love my decision in 2012 to get involved us. Judges may seem to hate us. The with the Young Lawyers Division of the YLD, however, offers us a way to break State Bar of Georgia. It was the summer through the conflict that naturally arises meeting of Jon Pannell’s year as YLD in our profession and develop relation- president. I was immediately impacted ships with other young lawyers, similarly

10 GEORGIA BAR JOURNAL situated, with whom we can comfort- OFFICERS’ BLOCK ably exchange ideas, network, relax and The Young Lawyers Division officers consist of a president, president- enjoy time away from the office. I am a elect, treasurer, secretary, immediate past president and two newsletter proud member of the YLD Leadership editors, who are responsible for carrying out the purposes of the Young Academy Class of 2013, five members of Lawyers Division. which are now serving on the Board of Governors of the State Bar, proving that YLD programming works. As the first openly LGBT president WILL DAVIS | YLD President of the YLD and the first openly LGBT Davis, of Naggiar & Sarif LLC, in Atlanta, practices State Bar officer elected statewide, I am primarily in all areas of family law including divorce, happy and privileged to be a part of the custody, child support, adoption and LGBT family diverse traditions of the YLD. As one law issues. of my predecessors, Damon Elmore, said last year, the YLD is and has been at the forefront of diversity and innova- BERT HUMMEL | YLD President-Elect tion in practice for many years, and the Hummel is a senior associate with Lewis Brisbois “Big Bar” often takes its cues from us. I Bisgaard & Smith in Atlanta. He has extensive litigation want us to continue leading the charge experience and practices insurance defense primarily on those fronts. in the areas of general liability, premises liability and We will do so in part by continuing workers’ compensation. to celebrate and capitalize on the diversity of our membership. With a focus ELISSA B. HAYNES | YLD Treasurer on geographic diversity, we will work Haynes is a partner at Goodman McGuffey, LLP, in Atlanta. to grow our existing affiliates across the Her insurance defense practice consists primarily of liability state and reach out to untapped groups of and appellate matters involving negligent security and other premises liability claims, religious institution liability and YLD-eligible lawyers such as those who bodily/catastrophic injury claims. work as assistant district attorneys and public defenders. We have 10,000 young RON DANIELS | YLD Secretary lawyers in the state of Georgia. Most of them are in the metro-Atlanta area, but Daniels is the owner of Daniels Law LLC, in Eastman, many of them are in Augusta, Savannah, Georgia. The firm focuses on claims under the Fair Debt Collection Practices Act and the Fair Credit Reporting Albany, Macon and other communities Act. He also serves as special assistant attorney general in between. We need to really make representing the Division of Child Support Services. those members know we are there for them, working with our 10 current af- RIZZA O’CONNOR | YLD Immediate Past President filiates to make sure that they know they are part of and supported by the State O’Connor is the chief magistrate judge of Toombs County. She presides over small civil claims, dispossessories, Bar. We’ll also work to strengthen the criminal warrant application hearings and the issuance of YLD’s relationships with the Multi-Bar arrest and search warrants. Leadership Council and other specialty and local bar associations. Young lawyers pay to belong to these specialty bars, ASHLEY AKINS | YLD Newsletter Co-Editor while they are already members of the Akins is an associate at Nelson Mullins Riley & YLD without any additional expense. Scarborough. She practices in the areas of K-12 and higher We will also work to strengthen our education law and workers’ compensation defense. already successful and ongoing programs and projects, including the YLD Leader- ship Academy, the “Build a Better Geor- gia Day” with Habitat for Humanity, the AUDREY B. BERGESON | YLD Newsletter Co-Editor Georgia Legal Food Frenzy with the Bergeson is the managing attorney for the Family Law Attorney General’s Office, the Georgia Program of Atlanta Volunteer Lawyers Foundation, which High School Mock Trial Competition, provides family law assistance and representation for our annual Signature Fundraiser, which survivors of intimate partner abuse and coordinates this year will benefit the Georgia Legal volunteer attorneys to represent survivors pro bono.

2019 AUGUST 11 I am honored that the YLD membership and Bar membership have put their faith in me to lead this group in 2019-20. I hope to—with the help of my fellow officers, our Board of Directors, committee chairs and general membership—make an impactful contribution to the YLD that honors the gifts I have received, professionally and personally, from it.

Services Program, and the pro bono meetings are accessible and that they can their faith in me to lead this group in challenge known as “Due Justice. Do 50.” get to them over the course of one week- 2019-20. I hope to—with the help of my I am often asked, “What is your end. At the Annual Meeting in June, I fellow officers, our Board of Directors, theme, what is your big signature proj- challenged every member of the Board of committee chairs and general member- ect?” What I simply want to do is build Governors to sponsor a young lawyer to ship—make an impactful contribution upon the projects we already have, rath- attend at least one YLD meeting during to the YLD that honors the gifts I have er than a signature stamp or project that this Bar year. I’ll repeat that to all Bar received, professionally and personally, might not be carried forward in future members here. Find a young lawyer in from it. years. When so much of the focus is on your office who’s an associate, or a solo Everyone, ultimately, ages out of YLD new things, some projects that have been in your community, or a staff attorney in membership, as I will when I turn 36 next in place for a few years tend to fall by your office, encourage them to sign up May, even though I will be permitted the the wayside. With the very future of the for a meeting, and offer them some assis- victory lap of immediate past president. unified Bar facing uncertainty, now is tance to pay for their travel and activity But I hope every YLD-eligible member the time to grow what we have, in order costs. All of our meetings will continue of the State Bar of Georgia will take ad- for the YLD to remain a strong part of to offer CLE programs and service proj- vantage of what our organization has to whatever the future holds. ects in our host communities. offer: opportunities to serve the public All of our quarterly YLD meetings I also want to take this opportunity to and the profession, to make new friends, this year will be held in Georgia and are thank the YLD’s immediate past presi- to visit with and learn from judges and accessible for all young lawyers in our dent, Rizza O’Connor, for her leader- State Bar leaders and to learn from those state. Our Summer Meeting will be on ship throughout the previous year. Rizza who might see the world differently than St. Simons Island later this month, fol- earns special congratulations for success- how we do. lowed by the Fall Meeting at Lake Lanier fully revamping our Signature Fundrais- Finally, to any member of the State in November, the Midyear Meeting in er and for organizing an awesome trip to Bar: if you have ideas or if you want to Atlanta in January and the Spring Meet- Washington, D.C., for the swearing in come to a YLD meeting, please come. ing in Athens in late April. Large, out- of Georgia young lawyers into the U.S. We love to network, and everyone is of-state meetings are fun and sometimes Supreme Court. Our group was able to invited regardless of age or years of necessary, but so are in-state meetings for meet with and hear from Justices Clar- practice. We’re here to work together young lawyers who might not have the ence Thomas, Ruth Bader Ginsburg and move these projects forward for the resources or firm support to travel across and Brett Kavanaugh—truly a once in a benefit of not just young lawyers, but the country. lifetime opportunity. the Bar as a whole. When we all work We are encouraging young lawyers I am honored that the YLD mem- together, as the service arm of the Bar, from across Georgia to see that these bership and Bar membership have put much can be achieved. l

12 GEORGIA BAR JOURNAL 2019-20 YLD MEETINGS

SUMMER | AUG. 22-25, 2019 THE KING AND PRINCE BEACH & GOLF RESORT ST. SIMONS ISLAND, GA Join us as we kick off the 2019-20 Bar year on beautiful St. Simons Island. Programming will include a CLE, the General Session, a group dinner and a group outing. There will also be plenty of time to meet friends by the pool or at the beach.

FALL | NOV. 15-17, 2019 LANIER ISLANDS LEGACY LODGE BUFORD, GA The Lanier Islands Legacy Lodge will host the YLD for the 2019 Fall Meeting. Informative programming, a group dinner, a CLE and a trip through the Magical Nights of Lights means that there will be something for everyone to enjoy.

MIDYEAR | JAN. 9-11, 2020 THE GEORGIAN TERRACE HOTEL AND THE FOX THEATRE ATLANTA, GA Held in conjunction with the State Bar of Georgia’s Board of Governors Meeting, this is typically the YLD’s largest meeting. This meeting will also be the first session of the 14th Annual YLD Leadership Academy.

SPRING | APRIL 24-26, 2020 GRADUATE ATHENS ATHENS, GA Join us in the Classic City on the same weekend as the Athens Twilight Criterium, an annual road cycling race, 5K and music festival. Opportu- nities abound to enhance your law practice and to have fun with friends.

ANNUAL | JUNE 11-14, 2020 SANDESTIN GOLF & BEACH RESORT MIRAMAR BEACH, FL We will close out the 2019-20 Bar year with the annual YLD Dinner and Swearing-In Ceremony where Bert Hummel will be sworn in as 2020-21 YLD president. This meeting is held in conjunction with the State Bar of Georgia’s Board of Governors Meeting.

2019 AUGUST 13 GBJ | From the Executive Director

Legal Trailblazer: Judge Rachel Pruden Herndon

The history of the legal profession each in Augusta and Macon. In 1941, none in Georgia dates back to colonial times, of the four African-Americans who took at least to 1755, when General James the Georgia Bar exam passed. According Oglethorpe’s original prohibition of to Smith, it was speculated that “the force- lawyers was lifted. Until the early 20th ful advocacy” of African-American attor- century, the makeup of the legal profes- neys like Benjamin Jefferson Davis Jr. sion in Georgia was entirely male and and John H. Geer, who had represented entirely white. political activist Angelo Herndon—whose The gender barrier was broken in 1916 1933 conviction on charges of attempt- with the admission of Minnie Anderson ing to incite insurrection was later over- Hale (after marriage known as Minnie turned by the U.S. Supreme Court—was Hale Daniel) to the Georgia Bar. She had the reason that others were being denied graduated from law school in 1911 but admission to the Georgia Bar. was not licensed to practice law until leg- So it was that before 1942, there were JEFF DAVIS islation passed by the Georgia General no African-American women who were Assembly forced the Bar to admit women. licensed to practice law in Georgia. On The climate was even more hostile to- Dec. 27 of that year, the “Urban League Executive Director ward African-American lawyers in Geor- Bulletin” column in The Atlanta Consti- State Bar of Georgia gia, who were few in number and excluded tution reported that Rachel E. Pruden [email protected] from membership in either the Georgia Bar Herndon of Atlanta had passed the Bar Association or the Atlanta Bar Association. exam and would become the first African- According to J. Clay Smith Jr., author American woman admitted to the prac- of “Emancipation: The Making of the tice of law in Georgia. Black Lawyer, 1844-1944,” not a single Herndon was not the first African- African-American lawyer was admitted American woman who attempted to join to the Georgia Bar in the 1930s. There the Georgia Bar. In 1919 it was reported, were only five African-American lawyers according to Smith, that a Morris Brown in Atlanta and “probably less than a dozen College faculty member named Estelle A. throughout the state” at the beginning of Henderson, who had already been admit- the decade, Smith wrote, noting that many ted to the Bar in Alabama, was prepar- lawyers who had taken the Bar exam during to take the Georgia Bar exam and had ing that period, and “who had been trained “gone through the usual formalities.” But at leading law schools in the nation, were there is no record of Henderson ever hav- failed by the Georgia Bar examiners.” ing been admitted to the Georgia Bar. By 1940, the number of African-Amer- In 1937, Rachel Pruden was not yet mar- ican lawyers in Georgia had dropped to ried and was studying law under the well- three in Atlanta, two in Savannah and one known “dean” of African-American lawyers

14 GEORGIA BAR JOURNAL in Georgia, Austin Thomas Walden, for whom she worked as a secretary. Accord- ing to his New Georgia Encyclopedia biogra- phy written by Louis Williams, Walden was a Georgia native who earned a law degree from the University of Michigan Law School in 1911 and practiced law in Macon from 1912 until he joined the Army, serving as a captain and assistant judge advocate in World War I. He moved his law practice Hon. Rachel Pruden Herndon, 1971. to Atlanta in 1919 and became, Williams PHOTO COURTESY OF THE ATLANTA JOURNAL- wrote, “a noted attorney, a civil rights lead- CONSTITUTION PHOTOGRAPHIC ARCHIVES. SPECIAL COLLECTIONS AND ARCHIVES, er and one of the New South’s first black GEORGIA STATE UNIVERSITY LIBRARY. political power brokers.” Walden founded the Gate City Bar Association in 1948 and one of 18 who passed the exam out of 63 lanta Municipal Court, filling the vacancy in 1963 was appointed by Mayor Ivan Al- who took it. created by the death of her mentor, Judge len to the Atlanta Municipal Court bench, Rachel Pruden Herndon was born in At- A.T. Walden. Because of her work with the becoming Georgia’s first African-American lanta on Feb. 12, 1898. According to “Poli- Democratic Party of Georgia, she was invit- judge since Reconstruction. tics, Civil Rights and Law in Black Atlanta, ed to visit the White House and was greeted It was under Walden’s tutelage and 1870-1970,” written by Herman Skip Ma- personally by President Lyndon B. Johnson the books in his law library, in addition son, she was a product of the Atlanta public and Vice President Hubert H. Humphrey. to a correspondence course and her own schools and a graduate of Atlanta Univer- In 1971, The Atlanta Journal published a knowledge of the law, that Pruden sat for sity. She was active in civic and commu- photograph by Billy Downs of Judge Hern- the Georgia Bar exam in 1937, the only nity affairs and was a lifelong member of don in her office. The caption read: “Judge African-American among 80 taking the Beulah Baptist Church. On May 1, 1944, Pruden Herndon looks over papers: ‘There exam. According to Smith, she “was one Herndon was admitted to practice law be- but for the grace of God go I.’” Herndon of the first Bar applicants to complete fore the Supreme Court of Georgia. As an retired from the bench some 30 years the task of answering the required 50 attorney, Herndon was instrumental in the after her admission to the Bar. She died questions,” which took 15 hours. Judge establishment of the Gate City Bar Asso- Jan. 10, 1979, and was buried in Atlanta’s Virlyn B. Moore, who administered ciation Women’s Auxiliary. She was active Lincoln Cemetery. the exam, noted, “Miss Pruden was the with the Atlanta branch of the NAACP. As the first African-American woman second colored woman to take the state In 1956, she became the first African- admitted to the practice of law in Geor- examination.” She did not pass the ex- American woman from Georgia to be ad- gia, Judge Herndon blazed an important amination in 1937, and, Smith wrote, mitted to practice before the U.S. Supreme trail for generations of future Bar mem- “may have failed other attempts to pass Court. In December of 1965, Herndon bers across the state and played an instru- the Bar” until succeeding in 1942, as the was appointed by Mayor Allen as the first mental role in the history of our state’s only African-American candidate and African-American woman judge of the At- legal profession. l

2019 AUGUST 15

GBJ | The Legal

Do’s and Don’ts When Handling a Product Liability Matter in Georgia

Product liability cases often involve multiple causes of action against more than one defendant in the chain of distribution, with some claims sounding in tort and others sounding in contract. Carefully analyzing which parties are involved (designer, manufacturer, distributor or seller) and which causes of action have “teeth” in Georgia can help both sides narrow the issues for discovery and trial, as well as prepare the case for meaningful settlement discussions on the damages that might actually be awarded. BY ARTHUR J. PARK

Product liability matters in Georgia misrepresenting the origin or quality of a present a unique array of factual and legal product, “bait-and-switch” tactics, or the issues. Who qualifies as “the manufac- like.2 Although this cause of action sounds turer” under O.C.G.A. section 51-1-11? great and many states have fee-shifting What causes of action can a plaintiff statutes,3 Georgia law is not very helpful bring? How does the plaintiff’s theory of to consumers here. Under Georgia law, liability impact the evidence required at injunctive relief is the “sole remedy” avail- trial? Did this particular consumer actu- able to a party under Georgia’s Uniform ally read the warnings and manual? Hav- Deceptive Trade Practices Act (UDTPA).4 ing handled the defense of product liabil- Because the UDTPA provides for equi- ity cases as well as subrogation claims on table relief only, all claims for monetary behalf of insurers, I hope to provide the relief under the UDTPA are subject to reader with a few tips that may be help- being summarily dismissed.5 To avoid dis- ful in this tricky field. missal, a plaintiff must raise a factual question about the “likelihood of some future wrong” to him.6 Damages allegedly caused What causes of action are by an earlier deceptive act cannot be reme- available in a product liability died through an injunction.7 An injunction case? is only available to remedy future wrongs and “‘does not afford a remedy for what is Georgia’s Uniform Deceptive Trade past.’”8 As such, a claim under the UDTPA Practices Act1 for a manufacturer’s alleged misrepre- Georgia’s Uniform Deceptive Trade Prac- sentation of the quality and abilities of a tices Act bans advertising in consumer product is not viable where the consumer’s transactions that is false or likely to cause claim is based entirely on damages suffered 9

GETTYIMAGES.COM/ALLKINDZA confusion or misunderstanding, such as for past wrongs.

2019 AUGUST 17 Do not bring a cause of action for vio- character of goods.13 Express warranties lation of the UDTPA, unless you enjoy are usually made at the time of sale (oral banging your head against a wall. statement) or provided in writing with the product.14 Breach of Warranty A seller’s oral statement made at the When a plaintiff has purchased a defec- time of sale must (a) refer to the charac- tive product, he or she may bring a claim ter, quality or title to the goods, and (b) the for breach of warranty—either an implied seller must promise or ensure that certain warranty or an express warranty—that facts are true.15 For an oral express war- sounds in contract. ranty to be enforceable, the statement or representation must be made contempora- Implied Warranty of Merchantability neously with and as part of the sale of the Under Georgia’s version of the Uniform product.16 The buyer must allege that he Commercial Code (UCC), “a warranty that relied upon the seller’s statement or repre- the goods shall be merchantable is implied sentation in order to establish a claim for in a contract for their sale if the seller is breach of express warranty.17 A plaintiff a merchant with respect to goods of that must show that a statement was made and kind.”10 Goods are merchantable if they intended to be an express warranty and (a) are fit for the ordinary purposes for that it was relied upon as such.18 which such goods are used; and (b) con- For breach of a written warranty, form to the promises or affirmations of Georgia law imposes two conditions: fact made on the container or label.11 Un- (1) notice of the defect, and (2) a reason- der Georgia law, in order to prove a breach able opportunity to repair the defect.19 of implied warranty, a plaintiff must show The Courts have found: four elements: (1) the goods were subject to the warranty; (2) the goods were de- A warranty is not breached simply fective at the time of sale; (3) the injury because a vehicle is found on delivery was caused by the defective goods; and or at some time thereafter within the (4) damages were incurred as a result.12 warranty period to have a defective Do consider the UCC remedies if the part or an operational deficiency. As- product seller is the primary target. suming the purchaser has maintained his vehicle in the manner specified, it Express Warranties is the refusal to remedy within a rea- An express warranty is contractual in na- sonable time, or a lack of success in the ture and arises from specific statements or attempts to remedy that would consti- representations, either verbal or written, tute a breach of warranty. And where made by a seller concerning the quality or the buyer makes the vehicle available for repair under the warranty, refusal to repair, unsuccessful repair, or repeated failures of the repair constitute a breach of the express warranty.20

Under Georgia’s version of the Uniform If there is no repair remedy for a defect, Commercial Code, a warranty that the then “there will be a breach of warranty, “ because the product is not merchantable goods shall be merchantable is implied with an unrepairable defect.”21 If there is in a contract for their sale if the seller is a a written warranty that includes repair or replacement of parts, then again, two con- merchant with respect to goods of that kind.” ditions of the warranty must be satisfied before a breach of warranty can exist: first, notice of the defect, and second, a reasonable opportunity to repair the defect.22 Do read the provisions of any written warranty very closely, as they could make or break your entire case. A typical Lim-

18 GEORGIA BAR JOURNAL ited Warranty might be restricted to the Do raise the privity defense early or through a dealer or any other per- original purchaser of the product, have a and often. son shall be liable in tort, irrespective of warranty period of one year, only cover privity, to any natural person who may repair or replacement of the product and What are the damages for a breach of use, consume, or reasonably be affected contain a disclaimer for consequential, in- warranty? by the property and who suffers injury direct, special or punitive damages. The UCC controls the damages allowed to his person or property because the for a breach of warranty claim.27 Rem- property when sold by the manufactur- The Privity Requirement edies for breach of warranty can be lim- er was not merchantable and reason- A defendant cannot be held liable for any ited by the manufacturer in the purchase ably suited to the use intended, and its breach of warranty claim in the absence documents.28 For example, the written condition when sold is the proximate of privity. warranty can limit “the buyer’s remedies cause of the injury sustained. to return of the goods and repayment of Generally, before a recovery may be the price or to repair and replacement of The phrase “not merchantable and rea- had for breach of warranty, this state nonconforming goods or parts.”29 sonably suited for the use intended” has recognized the necessity of privity Incidental damages are generally re- means that the product was defective between the parties where a plaintiff- coverable.30 Consequential damages are when it left the manufacturer’s hands.36 It purchaser of an article has been injured allowed for “[a]ny loss resulting from gen- is also interesting to note that the strict because of its alleged defectiveness and eral or particular requirements and needs liability cause of action is limited to “any brings an action based on warranty. of which the seller at the time of contract- natural person,” so a corporation is not That is, if a defendant is not the seller ing had reason to know.”31 However, con- entitled to bring such a case.37 to the plaintiff-purchaser, the plaintiff sequential damages are often limited or In Banks v. ICI Americas, Inc., the Su- as the ultimate purchaser cannot re- excluded in the written warranty.32 preme Court of Georgia indicated that cover on the implied or express war- there are three types of product defect ranty, if any, arising out of the prior Unjust Enrichment and Restitution claims: manufacturing defect, design de- sale by the defendant to the original Unjust enrichment is an equitable doc- fect and marketing/packaging defects.38 purchaser, such as distributor or re- trine which provides that a party con- “The existence of a defect is crucial, be- tailer from whom plaintiff purchased ferring labor and things of value must cause a manufacturer is not an insurer the product.23 act with the expectation that the other against all risks of injury associated with will be responsible for the cost.33 “Unjust its product.”39 Even though an injury may The privity requirement is consistent with enrichment applies when as a matter of happen to result, a product is not defective the notion that claims for breach of war- fact there is no legal contract, but when so long as it has been properly prepared, ranty are governed by the Uniform Com- the party sought to be charged has been manufactured, packaged and accompanied mercial Code and apply only to the “seller” conferred a benefit by the party contend- with adequate warnings and instructions.40 of the good.24 Under Georgia law, there is ing an unjust enrichment which the ben- For manufacturing defect claims, the no viable breach of warranty claim where efitted party equitably ought to return or plaintiff can ascertain whether a product there is no privity of contract between the compensate for.”34 An unjust enrichment is “defective” by simply comparing it to manufacturer and the plaintiff.25 claim requires the plaintiff to establish a properly manufactured item from the For rent-to-own agreements on appli- that (1) the plaintiff conferred a benefit same product line.41 ances, O.C.G.A. section 10-1-682(a)(11) on the defendant, and (2) equity requires For design defect claims, the court will provides that “if any part of a manufac- the defendant to compensate the plain- conduct a risk-utility analysis including turer’s warranty continues to cover the tiff for that benefit.35 It appears that the whether the manufacturer acted reason- leased property at the time the lessee as- measure of damages would simply be the ably in choosing a particular design, the sumes ownership of the property, if al- purchase price of the product at issue. probability and seriousness of the risk lowed by the terms of the warranty, it Do not waste your time bringing a posed, the usefulness of the product and will be passed on to the lessee.” Until the claim for unjust enrichment unless the the burden on the manufacturer to elimi- consumer makes all of the payments to the purchase price was substantial. nate the risk.42 In general, the plaintiff must rent-to-own company, there is no privity allege an alternative product design that with the product manufacturer. If owner- Strict Liability for a Product Defect would have made the product safer.43 In ship of the appliance never passes to the In Georgia, the plaintiff’s cause of action addition, “in a design defect case the entire plaintiff, it logically follows that any writ- for products liability is statutory in na- product line may be called into question.”44 ten warranty never passes to the plaintiff, ture, and O.C.G.A. section 51-1-11(b)(1) Thus, a defendant may be asked how many and he is never in direct privity with the provides as follows: products were manufactured (in the same product manufacturer. Because there is no model, of the same batch, in the same fac- privity, a breach of warranty claim must be The manufacturer of any personal tory, etc.) and how many of those products dismissed as a matter of law.26 property sold as new property directly were allegedly defective.

2019 AUGUST 19 A claim for marketing/packaging de- duction, design or assembly of products the purpose of discovering latent or fects centers on a defendant’s failure to are not manufacturers and are not to be concealed defects; when he purchases warn of a dangerous condition associated held strictly liable.54 and sells an article in the usual course of with the product. A manufacturer is liable O.C.G.A. section 51-1-11.1(b) specifi- trade, without knowledge of its danger- for failure to warn when it (a) knows or cally provides that a “product seller” is not ous quality, and with nothing tending has reason to know that the product is, or a manufacturer for purposes of strict li- reasonably to call his attention thereto, is likely to be, dangerous for the use for ability. In O.C.G.A. section 51-1-11.1(a), he is not negligent in failing to exercise which it is supplied, (b) has no reason to the term “product seller” is defined as one care to determine whether it is danger- believe that those for whose use the prod- who “leases or sells and distributes; in- ous or not.59 uct is supplied will realize its dangerous stalls; prepares; blends; packages; labels; Next, a product seller has a duty to condition and (c) fails to exercise reason- markets; or assembles pursuant to a man- warn “only of dangers actually or con- able care to inform those to whom the ufacturer’s plan, intention, design, specifi- structively known at the time of the product is supplied of its defective or dan- cations, or formulation; or repairs; main- sale.”60 Although the seller has no duty gerous condition, or of the facts that make tains; or otherwise is involved in placing to warn of patent/obvious defects, there it likely to be dangerous.45 “Under Georgia a product in the stream of commerce.” A is potential liability when the seller “is law, a product user’s failure to read an al- mere product seller is not a manufacturer aware of a danger either not commu- legedly negligent warning is a complete bar and is not liable as a manufacturer on nicated by the manufacturer’s warning to a product defect failure to warn claim.”46 grounds of strict liability.55 or substantively different from the dan- If a plaintiff had the opportunity to read Unlike many other states,56 strict li- gers the manufacturer has included in a the label or manual but failed to do so, any ability in Georgia does not apply to par- warning label.”61 insufficiency in the warning simply was ties other than the manufacturer; in other Do file a motion for summary judg- not the proximate cause of his injuries.47 words, the seller and distributor cannot ment as to the issue of strict liability at Regardless of which theory a plaintiff be held strictly liable.57 Thus, “a product the close of discovery if you represent the pursues, a plaintiff must establish a caus- seller of a product manufactured by an- seller or distributor of the product. al link between the defective condition other . . . is not liable in strict product li- and the injury.48 In a product liability ability by statute.”58 A few examples may Negligence action, the trial court must grant sum- be instructive: The Supreme Court of Georgia has held mary judgment if a plaintiff fails to l In Buford v. Toys R’ Us, Inc., 217 Ga. that in a product defect case, “the claims of 49 establish causation. App. 565 (1995), a toy retailer that negligence . . . are but re-statements of the 62 Under O.C.G.A. section 51-1-11(b)(2), completed the assembly of a partially claims relative to defective design.” “The there is a 10-year statute of repose for assembled bicycle could not be held sine qua non of a products liability claim, strict liability claims which begins to run strictly liable for injuries incurred regardless of whether plaintiff proceeds “from the date of the first sale for use or after a manufacturer’s weld gave way. under a theory of strict liability or negli- consumption of the personal property.” gence, is a defect in the product.”63 Only l Dean v. Toyota Industrial Equipment In “semantics” distinguish the cause of action Manufacturing, Inc. Liability of the Seller and Distributor , 246 Ga. App. 255 for negligence and a cause of action pursu- As noted above, the Georgia stat- (2000), summary judgment was not ant to O.C.G.A. section 51-1-11 claiming ute on strict liability is limited to “the appropriate where the defendant strict liability for defective design.64 Prac- manufacturer.”50 The Court of Appeals assembled a forklift and there was tically, “the determination of whether a of Georgia has held that a manufacturer a “lack of clarity” regarding which product was defective (involving the rea- is one “actively involved in the design, entity was responsible for design. sonableness of a manufacturer’s design de- specifications, or formulation of a defec- l In Buchan v. Lawrence Metal Products, cisions), which is a basic inquiry for strict tive final product or of a defective com- Inc., 270 Ga. App. 517 (2004), the liability purposes, generally will overlap ponent part which failed during use of seller of a crowd control system the determination of whether the manu- a product and caused injury.”51 In other chose the retractable tape cassettes facturer’s conduct was reasonable, which is words, a manufacturer is one who has an and other components of the posts, a basic inquiry for negligence purposes.”65 “active role” in the production, design or purchased the components from dif- In short, “the distinction between negli- assembly of products and places them in ferent manufacturers, and assembled gence and strict liability is not significant the stream of commerce.52 An entity can- the units according to its own design; for purposes of the risk-utility analysis” re- not be strictly liable if it had “no real role as such, questions of fact precluded quired in a design defect claim.66 Although in the creation of products” and had “no summary judgment. strict product liability and negligence are input into its making, either by design The seller or distributor can still be technically different theories of liability, in or manufacture or assembly.”53 Georgia held liable for negligence. However, a the area of product design there exists an courts have consistently held that entities seller is under no obligation to test an area of overlap so that the case law may be that do not have an active role in the pro- article purchased and sold by him for applied from either area.67 “The existence

20 GEORGIA BAR JOURNAL of a defect in the product is an essential ele- has not executed it) is not bound by In a product defect case, punitive ment of a products liability claim, whether its terms.”75 damages typically are not appropriate brought under a theory of strict liability or Do not assume the alter ego theory will where the manufacturer has complied of negligence.”68 carry the day. with regulatory standards.82 Compliance Finally, the 10-year statute of repose with regulatory or industry standards generally applies to negligence claims in- tends to show that there was no willful volving the product.69 However, it appears How are punitive damages misconduct, malice, fraud or oppres- that three exceptions apply: (1) causing a addressed in a product defect sion by the defendant.83 If the defendant disease or birth defect; (2) willful, reckless case? shows compliance with the applicable or wanton disregard for life or property O.C.G.A. section 51–12–5.1(b) provides safety regulations, the plaintiff must by the manufacturer; and (3) failure to that “[p]unitive damages may be awarded come forward with “other evidence warn of a danger that becomes known to only in such tort actions in which it is showing culpable behavior” to avoid the the manufacturer.70 proven by clear and convincing evidence entry of summary judgment.84 that the defendant’s actions showed will- Georgia’s generic $250,000 cap on Negligent Misrepresentation ful misconduct, malice, fraud, wanton- punitive damages does not apply to “a The “essential elements of a negligent ness, oppression, or that entire want tort case in which the cause of action misrepresentation claim are: (1) the de- of care which would raise the presump- arises from product liability.”85 How- fendant’s negligent supply of false infor- tion of conscious indifference to con- ever, a defendant can only be forced to mation to foreseeable persons, known sequences.” According to the Supreme pay punitive damages one time based on or unknown; (2) such person’s reason- Court of Georgia, the wrongful act or omission, i.e., the able reliance upon false information; and design or manufacture of the defective (3) economic injury proximately result- Something more than the mere com- product at issue.86 In addition, 75 per- ing from such reliance.”71 Generalized mission of a tort is always required for cent of any such punitive damage award representations about the product are punitive damages. There must be cir- based on a product defect will be paid not definitive and are not capable of ex- cumstances of aggravation or outrage, into the state treasury.87 act proof to support a negligent misrepre- such as spite or “malice,” or a fraudu- Do not pursue punitive damages for a sentation claim.72 Of course, the plaintiff lent or evil motive on the part of the product defect claim: they are difficult must prove that the false representation defendant, or such a conscious and to prove, and the state receives most of was the proximate cause of any harm.73 If deliberate disregard of the interests of the funds. the plaintiff was only told generic repre- others that the conduct may be called sentations like “that’s a good product right willful or wanton. There is general there,” this cause of action is not going to agreement that, because it lacks this el- Conclusion get off the ground. ement, mere negligence is not enough, Product liability cases often involve mul- even though it is so extreme in degree tiple causes of action against more than as to be characterized as “gross.”76 one defendant in the chain of distribu- Can the manufacturer and the tion, with some claims sounding in tort distributor/seller be lumped In short, a finding of gross negligence is and others sounding in contract. Care- together? not sufficient to support an award of puni- fully analyzing which parties are involved Sometimes the complaint will refer to tive damages.77 If the defendant’s actions (designer, manufacturer, distributor or multiple parties as “the ABC defendants” rise, at most, to the level of gross negli- seller) and which causes of action have or something to that effect, lumping an gence, the trial court errs by denying de- “teeth” in Georgia can help both sides overseas manufacturer together with a fendant’s motion for summary judgment narrow the issues for discovery and trial, distributor or seller that is based in the on a punitive damages claim.78 “In contrast as well as prepare the case for meaning- United States. This approach has enjoyed to gross negligence, the expression ‘con- ful settlement discussions on the damages little success. The corporate defendants scious indifference to consequences’ means that might actually be awarded. l should be considered separate and dis- ‘an intentional disregard of the rights of tinct entities; even closely related cor- another, knowingly or willfully disregard- porations are treated as distinct entities ing such rights.’”79 If the plaintiff cannot Arthur J. Park is a partner absent fraud.74 Georgia law draws a clear produce evidence that would warrant the with Mozley, Finlayson & distinction between a corporate entity imposition of punitive damages, summary Loggins LLP in Atlanta. He is and individuals. “It is axiomatic that each judgment is proper in favor of the defen- licensed in Georgia, Virginia 80 and West Virginia. His practice corporation is a separate entity, distinct dant. “Bare conclusions and contentions focuses on civil litigation, aviation, and apart from its stockholders and that unsupported by an evidentiary basis in fact subrogation and insurance coverage. a person who is not a party to a contract are insufficient to oppose a motion for (i.e., is not named in the contract and summary judgment.”81

2019 AUGUST 21 Endnotes 187 Ga. App. 159, 369 S.E.2d 484, 485- 37. Mike Bajalia, Inc. v. Amos Constr. Co., 86 (1988); O.C.G.A. § 11-2-508 (1962); Inc., 142 Ga. App. 225, 226-27, 235 1. O.C.G.A. §§ 10-1-370 – 10-1-439.4 O.C.G.A. § 11-2-605 (2010); O.C.G.A. § S.E.2d 664, 665-66 (1977). (2017). 11-2-607(3)(a) (1962). 38. 264 Ga. 732, 733, 450 S.E.2d 671, 672 2. O.C.G.A. § 10-1-372 (1968). 20. Knight, at 322. (1994). 3. See, e.g., the West Virginia Consumer 21. McDonald, 269 Ga. App. at 64, 603 39. Giordano v. Ford Motor Corp., 165 Credit and Protection Act, W. Va. Code S.E.2d at 459. Ga. App. 644, 645, 299 S.E.2d 897, 899 §§ 46A-1-101 – 46A-8-102 (1974). 22. Id. at 65. (1983). 4. O.C.G.A. § 10-1-373(a) (2017). See 23. Gowen v. Cady, 189 Ga. App. 473, 476, 40. Parzini, 234 Ga. 868, 870, 218 S.E.2d at Moore-Davis Motors, Inc. v. Joyner, 252 376 S.E.2d 390, 393 (1988) (holding 582 (1975). Ga. App. 617, 619, 556 S.E.2d 137, 140 summary judgment proper when 41. Banks, 264 Ga. at 733, 450 S.E.2d at 673 (2001); Friedlander v. HMS-PEP Prods., defendant did not sell the product in (1994). Inc., 226 Ga. App. 123, 124, 485 S.E.2d question to plaintiff). See also Cobb Cnty. 42. Id. at 734 (1994). A plaintiff must 240, 241 (1997); Lauria v. Ford Motor Sch. Dist. v. MAT Factory, Inc., 215 Ga. present some evidence of the design Co., 169 Ga. App. 203, 206, 312 S.E.2d App. 697, 702, 452 S.E.2d 140, 145-46 defect—more than the fact that the 190, 193 (1983). (1994) (affirming trial court’s grant of injury occurred. See In re Mentor Corp. 5. Akron Pest Control v. Radar summary judgment to defendant where ObTape Transobturator Sling Prods. Exterminating Co., Inc., 216 Ga. App. there was no privity between the parties). Liability Litigation, 711 F. Supp. 2d 495, 498, 455 S.E.2d 601, 603 (1995). 24. See O.C.G.A. § 11-2-313 (1962) (express 1348, 1365 (M.D. Ga. 2010) (“Plaintiffs 6. Catrett v. Landmark Dodge, Inc., 253 warranties made by seller); O.C.G.A. § have the burden to demonstrate a Ga. App. 639, 644, 560 S.E.2d 101, 106 11-2-314(1) (1962) (implied warranty genuine issue of material fact that [the (2002). applies to “sale if the seller is a merchant product] is defectively designed; to do 7. Id. with respect to goods of that kind”). this, they must produce evidence from 8. Id. (quoting Hunter v. George, 265 Ga. 25. Bodymasters Sports Indus., Inc. v. an expert who is qualified to conduct the 573, 575, 458 S.E.2d 830, 832 (1995)). Wimberley, 232 Ga. App. 170, 174, risk-utility analysis … .”). If a plaintiff’s 9. Terrill v. Electrolux Home Products, 501 S.E.2d 556, 561 (1998); Stewart v. liability expert is excluded from trial, Inc., 753 F. Supp. 2d 1272, 1291 (S.D. Gainesville Glass Co., Inc., 131 Ga. App. a plaintiff may not be able to present Ga. 2010). 747, 753-54, 206 S.E.2d 857, 860 (1974). a prima facie case of a design defect 10. O.C.G.A. § 11-2-314(1) (1962). However, O.C.G.A. section 11-2-318 (absent a recall or admissions by the 11. O.C.G.A. § 11-2-314(2). does extend the warranty claim to the defendant). 12. Mitchell v. BBB Servs. Co., Inc., 261 Ga. household of the buyer for personal 43. See Jones v. NordicTrack, Inc., 274 Ga. App. 240, 242, 582 S.E.2d 470, 471-42 injury matters. 115, 118, 550 S.E.2d 101, 103 (2001). (2003). 26. See, e.g., Heyde v. Xtraman, Inc., 199 44. Banks, 264 Ga. at 733, 450 S.E.2d at 673. 13. Steward v. Gainesville Glass Co., Inc., Ga. App. 303, 305, 404 S.E.2d 607, 45. Greenway v. Peabody Int’l Corp., 163 131 Ga. App. 747, 752 (1974). 609-10 (1991) (breach of warranty Ga. App. 698, 703, 294 S.E.2d 541, 545 14. O.C.G.A.§ 11-2-313(1) (1962). claim requires privity, and plaintiff was (1982). 15. North Ga. Ready Mix Concrete Co. v. L only in privity with party to the rental 46. Silverstein v. Procter & Gamble Mfg. & L Constr., Inc., 235 Ga. App. 68, 72, agreement). Co., 700 F. Supp. 2d 1312, 1321 (S.D. 508 S.E.2d 722, 726 (1998). 27. See O.C.G.A. § 11-2-102 (1962) (UCC Ga. 2009) (citing Cobb Heating & Air 16. Id.; Bell v. Menzies, 110 Ga. App. 436, applies to sale of goods); Redfern Meats, Conditioning Co., Inc. v. Hertron Chem. 437-38, 138 S.E.2d 731, 732 (1964). Inc. v. Hertz Corp., 134 Ga. App. 381, Co., 139 Ga. App. 803, 804, 229 S.E.2d 17. Moore v. Berry, 217 Ga. App. 697, 699, 215 S.E.2d 10 (1975) (same). 681, 682 (1976); Powell v. Harsco Corp., 458 S.E.2d 879, 880-81 (1995) (express 28. O.C.G.A. § 11-2-316(4) (1962). 209 Ga. App. 348, 350, 433 S.E.2d 608, warranty created where sales clerk stated 29. O.C.G.A. § 11-2-719(1)(a) (1962). 610 (1993)). that tree stand was “probably the safest 30. O.C.G.A. § 11-2-715(1) (1962). 47. Silverstein, 700 F. Supp. 2d at 1321 one on the market” and that there is “no 31. O.C.G.A. § 11-2-715(2)(a) (1962). (citing Thornton v. E.I. DuPont De way you can fall” from it). 32. See O.C.G.A. § 11-2-719(3) (1962). Nemours & Co., Inc., 22 F.3d 284, 290 18. Servais v. Philbrick, 190 Ga. App. 861, 33. Jones v. White, 311 Ga. App. 822, 828, (11th Cir. 1994)). 862, 380 S.E.2d 496, 497 (1989) (express 717 S.E.2d 322, 328 (2011); Morris v. 48. See Beman v. Kmart Corp., 232 Ga. App. warranty not created by “[m]ere words Britt, 275 Ga. App. 293, 294, 620 S.E.2d 219, 221, 501 S.E.2d 580, 582 (1998). of recommendation”) (quoting Kushner 422, 424 (2005). 49. See, e.g., Bunch v. Maytag Corp., 211 v. McClarty, 165 Ga. App. 400, 403, 300 34. Tuvim v. United Jewish Communities, Ga. App. 546, 547-48, 439 S.E.2d S.E.2d 531, 534 (1983)). Inc., 285 Ga. 632, 635, 680 S.E.2d 827, 676, 678 (1993) (inconclusive expert 19. Knight v. American Suzuki Motor 829-30 (2009). testimony that could not rule out Corp., 272 Ga. App. 319, 321-22, 612 35. J’CARPC, LLC v. Wilkins, 545 F. Supp. several possible causes of fire mandated S.E.2d 546, 549 (2005) (citing McDonald 2d 1330, 1340 (N.D. Ga. 2008). summary judgment in light of lack of v. Mazda Motors of Am., Inc., 269 Ga. 36. Center Chem. Co. v. Parzini, 234 Ga. proof of causation); Wilson v. Taser App. 62, 65, 603 S.E.2d 456, 460 (2004)). 868, 869, 218 S.E.2d 580, 582 (1975). Int’l, Inc., 303 Fed. Appx. 708, *5 (11th See also DeLoach v. General Motors,

22 GEORGIA BAR JOURNAL Cir. 2008) (Georgia law requires expert 61. Boyce, 269 Ga. App. at 896, 605 S.E.2d at 482, 615 S.E.2d 558, 563-64 (2005) testimony in products liability case that 389 (2004) (quoting Farmer v. Brannan (errors in misfiling prescriptions). shows a probable cause, not a mere Auto Parts, Inc., 231 Ga. App. 353, 355, 79. Trotter v. Summerour, 273 Ga. App. possible one). 498 S.E.2d 583, 585 (1998)). 263, 265-66, 614 S.E.2d 887, 889-90 50. O.C.G.A. § 51-1-11(b)(1). 62. Mann v. Coast Catamaran Corp., 254 (2005) (quoting Dow Chem. Co. v. 51. Davenport v. Cummins Alabama, Inc., Ga. 201, 202, 326 S.E.2d 436, 437 (1985), Ogletree, Deakins, Nash, Smoak & 284 Ga. App. 666, 671, 644 S.E.2d 503, disapproved of on other grounds by Banks Stewart, 237 Ga. App. 27, 31, 514 507 (2007). v. ICI Americas, Inc., 264 Ga. 732, 733, S.E.2d 836, 840 (1999)) (awarding 52. Alltrade, Inc. v. McDonald, 213 Ga. App. 450 S.E.2d 671, 673 (1994). attorney’s fees to defendant when 758, 760, 445 S.E.2d 856, 858 (1994). 63. Boswell v. Overhead Door Corp., 292 plaintiff pursued a frivolous claim of 53. Id. at 759-60. Ga. App. 234, 235, 662 S.E.2d 262, 263 punitive damages). 54. See, e.g., Schneider v. Tri Star Int’l, (2008). 80. Artzner v. A & A Exterminators, Inc., Inc., 223 Ga. App. 85, 86, 476 S.E.2d 64. See Banks, 264 Ga. at 735, 450 S.E.2d at 242 Ga. App. 766, 772-73, 531 S.E.2d 846, 847-48 (1996); Buford v. Toys R’ 674 n.3. 200, 206 (2000); Keith v. Beard, 219 Ga. Us, Inc., 217 Ga. App. 565, 566, 458 65. Id. App. 190, 194, 464 S.E.2d 633, 638-39 S.E.2d 373, 375 (1995), disapproved of 66. Ogletree v. Navistar Int’l Transp. Corp., (1995). on other grounds by Wal-Mart Stores, 269 Ga. 443, 445, 500 S.E.2d 570, 572 81. Mimick Motor Co. v. Moore, 248 Ga. Inc. v. Wheeler, 262 Ga. App. 607, (1998). App. 297, 299, 546 S.E.2d 533, 536 611, 586 S.E.2d 83, 86 (2003); Ream 67. Boyce v. Gregory Poole Equip. Co., 269 (2001). See also Taylor v. Powertel, Tool Co. v. Newton, 209 Ga. App. Ga. App. 891, 898, 605 S.E.2d 384, 390 Inc., 250 Ga. App. 356, 357, 551 S.E.2d 226, 227-28, 433 S.E.2d 67, 70 (1993); (2004) (adequate warnings are part of 765 (2001) (“plaintiff failed to come Mullins v. M.G.D. Graphics Sys. Grp., the total product design). forward with some evidence that would 867 F. Supp. 1578, 1582-83 (N.D. 68. Udoinyion v. Michelin N. Am., Inc., indicate that at trial he could meet the Ga. 1994); Freeman v. United Cities 313 Ga. App. 248, 250, 721 S.E.2d 190, intermediate standard of proof by clear Propane Gas of Ga., Inc., 807 F. Supp. 193 (2011) (citing Boswell, 292 Ga. App. and convincing evidence”). 1533, 1539-40 (M.D. Ga. 1992). at 235, 664 S.E.2d at 223). See also John 82. Barger v. Garden Way, Inc., 231 Ga. 55. Ream Tool Co., 209 Ga. App. At 227-28, Crane, Inc. v. Jones, 278 Ga. 747, 751, App. 723, 728, 499 S.E.2d 737, 743 433 S.E.2d at 70. 604 S.E.2d 822, 826 (2004) (proximate (1998). 56. See, e.g., Morningstar v. Black & Decker cause is essential element whether 83. Stone Man, Inc. v. Green, 263 Ga. Mfg. Co., 253 S.E.2d 666, 683 n.22 (W. plaintiff proceeds under negligence or 470, 471-72, 435 S.E.2d 205, 206 Va. 1979) (strict liability “applies to strict liability). (1993). See also Ivy v. Ford Motor both the manufacturer and the seller” 69. O.C.G.A. §§ 51-1-11(b)(2), (c) (2009). Co., No. 1:08-CV-2078-TCB, 2010 but innocent seller may have indemnity 70. O.C.G.A. § 51-1-11(c) (2009). WL 9115838 at *15 (N.D. Ga. Jan. remedy against manufacturer). 71. DaimlerChrysler Motors Co., LLC v. 22, 2010), aff’d 646 F.3d 769 (11th 57. See Farmex, Inc. v. Wainwright, 269 Clemente, 294 Ga. App. 38, 50, 668 Cir. 2011) (plaintiff cannot satisfy Ga. 548, 549-50, 501 S.E.2d 802, 803 S.E.2d 737, 749 (2008). higher burden of establishing punitive (1998) (seller acquired inventory from 72. King v. Codisco, 217 Ga. App. 704, 705, damages); Moore v. Wright Med. manufacturer); Ellis v. Rich’s, Inc., 458 S.E.2d 881, 882 (1995). Tech., Inc., No. 1:14-CV-62, 2016 233 Ga. 573, 577, 212 S.E.2d 373, 73. Home Depot U.S.A., Inc. v. Wabash WL 1298975 at *6 (S.D. Ga. Mar. 31, 376 (1975) (retail seller); Robinson v. Nat’l Corp., 314 Ga. App. 360, 372, 2016) (noting defendant’s compliance Williamson, 245 Ga. App. 17, 19, 537 724 S.E.2d 53, 63-64 (2012); Gentry v. with federal regulations and plaintiffs’ S.E.2d 159, 161 (2000) (pharmacists and Volkswagen of Am., Inc., 238 Ga. App. failure to point to evidence of willful pharmacy that package and sell drugs 785, 791, 521 S.E.2d 13, 18 (1999). and wanton misconduct); Welch v. manufactured by others are sellers, not 74. RC Cola Bottling Co., Inc. v. Vann, 220 General Motors Corp., 949 F. Supp. manufacturers). Ga. App. 479, 481, 469 S.E.2d 523, 524 843, 844-46 (N.D. Ga. 1996) (plaintiff 58. Boyce v. Gregory Poole Equip. Co., 269 (1996). unable to overcome compliance with Ga. App. 891, 894, 605 S.E.2d 384, 388 75. Levy v. Reiner, 290 Ga. App. 471, 473, applicable federal regulations). (2004). 659 S.E.2d 848, 851 (2008) (quotations 84. General Motors Corp. v. Moseley, 213 59. See generally Ellis, 233 Ga. 573, 212 omitted). Ga. App. 875, 885, 447 S.E.2d 302, S.E.2d 373 (1975). See also Ryals v. 76. Banks v. ICI Americas, Inc., 266 Ga. 607, 311 (1994), abrogated on other grounds Billy Poppell, Inc., 192 Ga. App. 787, 610, 469 S.E.2d 171, 174-75 (1996). by Webster v. Boyett, 269 Ga. 191, 788, 386 S.E.2d 513, 514 (1989) (no 77. COMCAST Corp. v. Warren, 286 Ga. 193-94, 496 S.E.2d 459, 461-62 (1998); evidence reasonably tended to call seller’s App. 835, 839, 650 S.E.2d 307, 311 Welch v. General Motors Corp., 949 F. attention to any alleged defect). (2007). Supp. At 844. 60. DeLoach v. Rovema Corp., 241 Ga. App. 78. Cullen v. Novak, 201 Ga. App. 459, 460, 85. O.C.G.A. §§ 51-12-5.1(e), (g) (2010). 802, 804 (2000) (citing Bishop v. Farhat, 411 S.E.2d 331, 332 (1991) (running red 86. O.C.G.A. § 51-12-5.1(e)(1) (2010). 227 Ga. App. 201, 206, 489 S.E.2d 323, light insufficient); Mableton Parkway 87. O.C.G.A. § 51-12-5.1(e)(2) (2010). 328 (1997)). CVS, Inc. v. Salter, 273 Ga. App. 477,

2019 AUGUST 23 GBJ | Feature

2019 Annual Meeting: A Change in Location Brings a Fresh Perspective

BY JENNIFER R. MASON

The State Bar of Georgia held its 2019 Annual Meeting in Orlando, Florida, at the impeccable Ritz-Carlton Orlando, Grande Lakes. A departure from past years’ beach resort venues, this meeting was superbly positioned for members and their families to take full advantage of the amenities of the Ritz-Carlton and the Orlando area all while providing a conference experience that surpassed ex- pectations. Change often invokes a fresh perspective, which leads to clarity and focus. With the new Bar year upon us, those qualities were noticed and appreciated by all who attended.

Opening Night Festival The traditional Thursday Opening Night Festival, aptly-named Royal Jubilee, was moved indoors due to weather, but that didn’t dampen the spirits of Bar members, their families and guests. This casual event

The RItz-Carlton Orlando, Grande Lakes

PHOTO PROVIDED BY THE RITZ-CARLTON ORLANDO, GRANDE LAKES

24 GEORGIA BAR JOURNAL The Pope family enjoys the Opening Night Festival. (Standing, left to right) Derrick and Lanette; (seated, left to right) Sallie Elizabeth Pope-Howard and Sydney Alizabeth Pope. PHOTO BY SARAH I. COOLE was the perfect open to the weekend as it to fulfill education requirements on some Board Meeting Highlights provided an informal and relaxed atmo- highly-anticipated topics, including tech- The June 7 plenary session began with sphere in which friends old and new were nology, data protection and the law, social a special recognition by President Ken- able to connect and recharge with their justice advocacy in action and the annual neth B. “Ken” Hodges III of members of families. Food, drinks and music were installment of the war stories series. the judiciary, past presidents of the Bar plentiful as the fanciful world of pirates Business wasn’t always conducted in and other special guests, in addition to and princesses was brought to life. Char- a ballroom or classroom meeting space. recognizing and honoring retiring Ex- acters interacted with the guests, pulling Evening events geared more toward ecutive Committee members and Board willing participants into the land of make- networking and socializing provided a of Governors members. believe to the delight of everyone there. welcome change from a more organized President Hodges then took time to Plenty of faces were painted, crowns were and structured setup. Beginning with present a number of special awards, call- created and playful sword-fights ensued. the Opening Night Festival on Thursday ing upon specific Bar members and mem- And when a dance party spontaneously and continuing throughout the weekend, bers of the judiciary for assistance. After occurred toward the end of the evening, members and their guests could choose to inviting Jay Elmore, chair of the Military you knew the night was a success. attend one or more of the social functions Legal Assistance Program to the podium, depending on time and level of interest. the Marshall-Tuttle Award was presented Friday night featured receptions hosted to Norman Zoller, former coordinating Working for the Weekend by law school alumni groups, sections and attorney of the State Bar of Georgia Mili- The focus of the weekend was Bar busi- other organizations. Those who chose to tary Legal Assistance Program. Following ness, and there was ample opportunity to attend a reception (or two) were able to the presentation of the Marshall-Tuttle take care of that during the day. Several engage in meaningful conversations with Award, Hodges called up TILPP Director committees and sections took advantage smaller groups of colleagues and friends Michelle E. West to present the John T. of the time to finish up current years’ from the past as well as make new con- Marshall Mentor Award to Cara R. Mitch- business while reflecting upon the suc- nections that could serve them well in the ell, partner, Whelchel Dunlap Jarrard & cessful completion of another Bar year in future on any number of levels. More for- Walker LLP. Hodges then invited Nicki addition to setting goals for the next. CLE mal events included the YLD Dinner and Vaughan, chair, Child Protection & Advo- seminars available on Thursday and Friday Swearing-In Ceremony on Friday and the cacy Section, and Supreme Court of Geor- offered all those present the opportunity Presidential Inaugural Gala on Saturday. gia Presiding Justice David Nahmias to the

2019 AUGUST 25 PHOTO BY JENNIFER R. MASON PHOTO BY SARAH I. COOLE

(Left to right) Terri Gordon, Marquetta Bryan, Shiriki Jones and Jennifer Alewine Katie Leonard receives the Section of the Year Award attend the Mercer University School of Law Alumni Reception honoring Incoming on behalf of the Family Law Section from 2018-19 President Darrell Sutton. President Ken Hodges.

podium to present the Juvenile Law and Judiciary Committee was given by Rep. O’Connor reported that she is excited and Child Advocacy Awards. The Judge Willie Barry Fleming (chair). The memorials encouraged for YLD President-Elect Will Lovett Award for Advancing the Field of reports was given by President Hodges. Davis’ upcoming leadership. The board Juvenile Law was presented to Hon. Brad- Outgoing YLD President Rizza also received a written report of the ac- ley J. Boyd, chief judge, Fulton County O’Connor reported on the activities of the tivities of the YLD for the Bar year. Juvenile Court, and Nathan A. Hayes, at- YLD over the past year. She stated it was Reports were given on the State torney, Fulton County Child Attorney Of- a busy and productive year with the YLD Disciplinary Board by Chair Melody fice. The Chief Justice Harris Hines Award holding 133 events, much of those held Glouton, the State Disciplinary Review for Outstanding Advocacy for Children in outside of the metro-Atlanta area, and Board by Chair Tony Askew and the Dependency Proceedings was presented devoting hundreds of hours in commu- Formal Advisory Opinion Board by Chair by Justice Nahmias to Jasmine Spratling, nity service projects. The YLD co-spon- Jeff Schneider. Forsyth County DFCS (case manager), and sored the 8th Annual Georgia Legal Food During the plenary session, President Anissa Patton, Fulton County Office of the Frenzy, raising 1.7 million pounds of Hodges delivered his outgoing remarks as Child Attorney (lawyer). food in 2019. The annual Signature Fun- required by the bylaws of the State Bar of President Hodges then presented a draiser held on April 13 raised $47,000 Georgia. A copy of these remarks can be replica check to GLSP General Counsel with proceeds benefitting Lawyers for found on page 36. Ira Foster in the amount of $563,438, Equal Justice. Championship teams from Darrell Sutton presided over the representing the voluntary contributions across the United States competed in the 279th meeting of the Board of Governors made by Bar members to GLSP’s 2018 National High School Mock Trial Cham- on Saturday, June 8. Highlights of the “And Justice for All Campaign.” pionship in Athens on May 17-18. The meeting included: Following the presentation of the an- YLD Spring Meeting was held in Wash- l President Sutton addressed the Board of nual awards, the State of the Supreme ington, D.C., on April 26-29 where a Governors and presented an overview Court of Georgia was given by Chief group of young lawyers were sworn in to of his proposed program activities for Justice Harold Melton and the State of the U.S. Supreme Court and the YLD re- the 2019-20 Bar year (see page 40). the Court of Appeals of Georgia was ceived personal visits from Justices Clar- l The Board approved the following given by Chief Judge Stephen Dillard. ence Thomas, Brett Kavanaugh and Ruth presidential appointments: The State of the Office of the Gover- Bader Ginsburg. O’Connor thanked the State Disciplinary Board: nor was delivered by Executive Counsel Board of Governors members for their Christopher Sutton Connelly, David Dove on behalf of Gov. Brian support and stated it has been an honor Summerville (2022) Kemp. The State of the Georgia House to serve as the YLD president. Lastly, Casey Carter Santas, Duluth (2022)

26 GEORGIA BAR JOURNAL PHOTO BY JENNIFER R. MASON PHOTO BY SARAH I. COOLE

Louise Sutton, daughter of President Darrell Sutton, (Left to right) The 2019-20 YLD officers include President Will Davis, President- leads the Board of Governors members and guests in Elect Bert Hummel, Treasurer Elissa Haynes, Secretary Ron Daniels, Newsletter the Pledge of Allegiance. Editor Ashley Akins and Immediate Past President Rizza O’Connor. (Not pictured, Newsletter Editor Audrey Bergeson.)

Lay Member: Michael A. Fuller, committees and boards by unanimous priate accounts with such banks in Macon (2022) voice vote. Georgia, but excluding any bank State Disciplinary Review Board: l Following a report by Sutton, the that does not participate in the Northern District: Aimee Lynn Board, by unanimous voice vote, ap- IOLTA Program, and other such Pickett, Atlanta (2022) proved the following list of nominees, depositories as may be recommend- Middle District: Caroline Whitehead as revised, to the Judicial Qualifications ed by the Finance Committee and/ Herrington, Macon (2022) Commission (JQC), which was submit- or Investment Committee, and des- Southern District: Paul Threlkeld, ted by the JQC Nominating Committee: ignated by the Executive Commit- Savannah (2022); Jack Long, Augusta (2020) Christopher Paul Twyman, LaRae Dix- tee of the Board of Governors of the Lay Member: Clarence Pennie, on Moore, Samuel S. Olens, Matthew State Bar of Georgia, and that the Kennesaw (2022) Glen Moffett, Scott Dewitt Delius and persons whose titles are listed be- Formal Advisory Opinion Board: Robert Laurence Barr Jr. The names low are authorized to sign an agree- Member-at-Large: David N. Lefkowitz, will be provided to Gov. Brian Kemp ment to be provided by such banks Athens (2021) for consideration. and customary signature cards, and Member-at-Large: Edward B. Krugman, l Treasurer Elizabeth Fite reported that the said banks are hereby au- Atlanta (2021) on the Bar’s finances and invest- thorized to pay or otherwise honor Georgia Defense Lawyers Assoc.: Jacob ments, and the Board, by unanimous any check drafts, or other orders is- Edward Daly, Atlanta (2021) voice vote, approved the 2019-20 sued from time to time for debit to Young Lawyers Division: Elissa Blache proposed consolidated budget and said accounts when signed by two Haynes, Atlanta (2021) ICLE budget. of the following: the treasurer, the Atlanta’s John Marshall Law School: l As required by Article V, Section 8 of president, the immediate past presi- Prof. Jeffrey Van Detta, Atlanta (2021) the Bylaws, the Board: dent, the executive director, the of- Mercer University School of Law: l authorized the president to secure a fice manager and the general coun- Prof. Patrick E. Longan, Macon (2021) blanket fidelity bond to cover all of- sel, provided either the president or University of Georgia Law School: ficers, employees and other persons the treasurer shall sign all checks or Prof. Lonnie Brown Jr., Athens (2021) handling State Bar funds. vouchers and that said accounts can State Disciplinary Review Board: l As required by Article V, Section 6 of be reconciled from time to time by Alfreda Sheppard, Albany (2020) the Bylaws, the Board: said persons or their designees. The l The Board approved the proposed l directed the State Bar of Georgia authority herein given is to remain 2019-20 standing, special and program and related entities to open appro- irrevocable so as said banks are

2019 AUGUST 27 PHOTO BY SARAH I. COOLE 1 PHOTO BY JENNIFER R. MASON 2

PHOTO BY BETTY SIMS 4 PHOTO BY JENNIFER R. MASON 5 PHOTO BY JENNIFER R. MASON PHOTO BY SARAH I. COOLE

7 PHOTO BY JENNIFER R. MASON PHOTO BY ASHLEY G. STOLLAR PHOTO BY ASHLEY G. STOLLAR PHOTO BY SARAH I. COOLE PHOTO BY BETTY SIMMS 9 10 PHOTO BY JENNIFER R. MASON Photos from the ANNUAL MEETING

1. (Left to right) 2019-20 President Darrell Sutton presents Immediate Past President Ken Hodges with the president’s gift. 2. (Left to right) University of Georgia School of Law alumni David Dove, Jennifer McNeely and Kevin Epps take a break from dancing during the Opening Night Festival. 3. State Bar of Georgia’s 2019-20 Executive Committee: (back row, left to right) YLD Immediate Past President Rizza O’Connor, YLD

PHOTO BY SARAH I. COOLE 3 President Will Davis, Secretary Sally Akins, Member Amy Howell, Member David Lipscomb, Member Ivy Cadle, Member Tony DelCampo, Member Javoyne Hicks; (front row, left to right) Member Nicki Vaughan, President-Elect Dawn Jones, Treasurer Elizabeth Fite, President Darrell Sutton; Immediate Past President Hon. Ken Hodges, YLD President-Elect Bert Hummel. 4. (Left to right) Tradition of Excellence recipients Weymon H. Forrester, Gainesville (defense), Julius M. Hulsey, Gainesville (general practice), Hon. Verda M. Colvin, Macon (judicial), Ken Shigley, Atlanta (plaintiff) with General Practice & Trial Law Section Chair Rob Register. 5. Board Member Sutton Connelly enjoys the Oprning Night Festival with children Branch and Lily.

PHOTO BY SARAH I. COOLE 6 6. Attorney Nathan A. Hayes accepts the Judge Willie Lovett Award for Advancing the Field of Juvenile Law given by the Child Protection & Advocacy Section and the Committee on Justice for Children of the Supreme Court of Georgia. (Left to right) Seletha Butler, Hayes, Presiding Justice David Nahmias, Child Protection & Advocacy Section Chair Nicki Vaughan and 2018-19 President Ken Hodges. 7. GABWA President Liz Brown and Past President Rita M. Treadwell accept the President’s Cup on behalf of the Georgia Association of Black Women Attorneys from 2018-19 State Bar President Ken Hodges. This traveling award is presented annually to the voluntary bar association with the best overall program. 8. Platinum Band Atlanta brings all 8 the dancers to the floor. 9. (Left to right) O.V. Brantley and Avarita Hanson are all smiles at the Opening Night event. 10. (Left to right) Secretary Sally Akins, Treasurer Elizabeth Fite and President-Elect Dawn Jones were sworn in as officers of the State Bar of Georgia on Saturday, June 8. 11. The Presidential Gala doughnut wall. 12. Board Member Randy Davis escorts his granddaughter Vivianna Lane “Vivi” Kouznetsov to the Opening Night Festival.

11 PHOTO BY SARAH I. COOLE 12 l The Board, by unanimous voice vote, elected Jeff Davis as executive director for the 2019-20 Bar year. l The Board approved the proposed 2019-20 election schedule. l Executive Committee elections were held with the following results: Ivy N. Cadle, R. Javoyne Hicks, Amy V. How- ell and David S. Lipscomb. l The Board approved the appointments of Darrell Sutton, Demetrius Tennel Locket and William Hulbert Gregory IV to the Georgia Legal Service Board of Trustees by unanimous voice vote for two-year terms. l The Board approved the appointment of Dr. Monica Willis-Parker to the Chief Justice’s Commission on Profes- sionalism for a three-year term. l The Board approved the appointment of President-Elect Dawn Jones to the PHOTO BY JENNIFER R. MASON ICJE Board of Trustees for a three- (Left to right) Leslie Cadle, Court of Appeals of Georgia Chief Judge Stephen Dillard and year term. Presiding Judge Sara Doyle enjoy the Mercer University School of Law Alumni Reception l Following a report by President Sut- honoring Incoming President Darrell Sutton. ton, the Board approved the revised Officer Reimbursement Policy by unanimous voice vote. l Following a report by President Sutton, the Board approved recommending to the Supreme Court of Georgia proposed amendments to Part XII Client Assis- tance Program (formerly Consumer Assistance Program) Rules 12-101 and 12-102 by unanimous voice vote. l The Board approved the following presidential appointments to the ICLE Board of Trustees for three-year terms: Carol V. Clark, Harold T. Daniel Jr., Al- legra J. Lawrence Hardy and Kenneth B. Hodges by unanimous voice vote. l YLD President Will Davis reported that he is excited to serve as YLD president. He said that he became active in the YLD in 2012 with the support of his then employer, GLSP. Davis stated that his main focus will be to build upon and grow the great projects of the YLD. He PHOTO BY JENNIFER R. MASON plans to start with the YLD member- (Left to right) 2018-19 YLD President Rizza P. O’Connor presents Hon. Carla Wong McMillian with the YLD Distinguished Judicial Service Award. ship by letting the members know that the YLD is there for them and that the YLD offers tremendous opportunities concerned until they are notified l designated Mauldin & Jenkins as the to work together across the state to in writing of such revocation of au- independent auditing firm to audit make a statewide impact. He will also thority and in writing, acknowledge the financial records of the State Bar work closely with the 10 YLD affili- receipt thereof. of Georgia for the fiscal year 2018-19. ates. Davis announced that his Summer

30 GEORGIA BAR JOURNAL Meeting will be at the King & Prince High School Mock Trial Champion- sion on Professionalism and the Arc on St. Simons Island in August, the Fall ship that took place May 16-18, in of Justice Institute, Inc. Meeting will be at Lake Lanier Islands Athens. Immediate Past President Ken l The Board received a copy of the 2019- in November and the Spring Meet- Hodges recognized Nixon for his out- 20 media report. ing will be in Athens on the last week standing job in planning and running in April. He wants to encourage more the competition. YLD members to participate by letting l Sen. Jen Jordan (chair) reported on the Annual Awards them know that the meetings are acces- activities of the Senate Special Judi- During the plenary session, outgoing sible and over one weekend. Davis also ciary Committee. She also encouraged President Hodges recognized specific Bar asked the Board of Governors to spon- Board of Governors members to run members and organizations for the work sor a young lawyer in their firm or com- for legislative office. they have done over the past year. munity to attend a YLD meeting. He l The Board received copies of the min- reported that the YLD will continue to utes of the Executive Committee meet- Local and Voluntary Bar Awards work on its signature projects, including held March 16-18. The Thomas R. Burnside Excellence in ing its Build a Better Georgia Day and l The Board received written reports Bar Leadership Award, presented annu- the High School Mock Trial Program. from the following: the Office of ally, honors an individual for a lifetime of He stated that he has assigned two of the General Counsel, the Insurance commitment to the legal profession and his board members to reach out to the Committee, the Consumer Assis- the justice system in Georgia, through specialty bars so they and the YLD can tance Program, the Fee Arbitration dedicated service to a voluntary bar, prac- work together on projects, and the YLD Program, the Law Practice Manage- tice bar, specialty bar or area of practice will continue to take a lead in diversity ment Program, the Military Legal section. This year’s recipient was Jacque- and innovation. Davis said that the Assistance Program, the Unlicensed line F. Bunn as nominated by the Georgia YLD has given a lot to him both pro- Practice of Law Program, the Geor- Association of Black Women Attorneys. fessionally and personally and he has gia Legal Services Program, the The Award of Merit is given to local made good friendships. He will contin- Transition Into Law Practice Pro- and voluntary bar associations for their ue to reach out to the lawyers across the gram, the Chief Justice’s Commis- dedication to improving relations among state to get behind the YLD and work for the profession. Lastly, Davis reported that he looks forward to working with his slate of officers, and he gave a quick shout-out to the Leadership Academy members. l Governmental Affairs Director Chris- tine Butcher Hayes reported that the Bar successfully lobbied the passing of both the family law bill and guardian- ship rewrite bill. She stated that she was grateful for the support of the Bar’s contract lobbyists Rusty Sewell, Mark Middleton and Roy Robinson. Hayes reported that the Bar is moving forward with the coming year’s legislative agenda, and will continue to produce quality legislation thoroughly vetted by the Advisory Committee on Legislation that will be chaired by Amy Howell. She also reported that they will continue to encourage lawyers to run for the Legislature. Lastly, Hayes thanked Immediate Past President Ken Hodges, the Executive Committee and the Board of Governors for their sup-

port of the legislative program. PHOTO BY SARAH I. COOLE l High School Mock Trial Director Mi- (Left to right) John Shiptenko, State Bar of Georgia Senior Assistant General Counsel, was presented chael Nixon reported on the National with the 2019 Employee of the Year Award by 2018-19 President Ken Hodges and General Counsel Paula Frederick.

2019 AUGUST 31 l Awards of Achievement local lawyers and devoting endless hours The Best Website Award is given to to serving their communities. local and voluntary bar associations with Animal Law—Betsy Renee Choder, websites that exemplify excellence in use- chair l Walton County Bar Association Intellectual Property Law—Virginia (under 50 members) fulness, ease of use, content and design in meeting the needs of the website’s tar- Carron, chair l Blue Ridge Bar Association (101-250 geted audience. members) Tradition of Excellent Awards l Walton County Bar Association l The Tradition of Excellence Awards are Georgia Association of Black Wom- (under 50 members) en Attorneys (251-500 members) presented annually at the General Prac- l Gwinnett County Bar Association tice & Trial Law Section Breakfast to se- l Atlanta Bar Association (501 or more (101-250 members) lect Bar members in recognition of the members) commitment to service to the public, the l Georgia Association of Black Wom- The Law Day Award of Achievement en Attorneys (251-500 members) Bar and to civic organizations. The 2019 is presented to local and voluntary bar recipients were: Weymon H. Forrester, associations that best plan Law Day ac- l Cobb County Bar Association (501 Gainesville (defense), Julius M. Hulsey, tivities in their respective communities to or more members) Gainesville (general practice), Hon. Verda commemorate this occasion. The President’s Cup Award is present- M. Colvin, Macon (judicial) and Kenneth l Blue Ridge Bar Association (101-250 ed annually to the voluntary bar associa- L. Shigley, Atlanta (plaintiff). members) tion with the best overall program. This year’s recipient was the Georgia Associa- Young Lawyers Division Awards l Cobb County Bar Association (501 tion of Black Women Attorneys. Young Lawyers Division Awards are or more members) presented during the YLD Dinner and The Best Newsletter Award is pre- Section Awards Swearing-In Ceremony. sented to local and voluntary bars that Section awards are presented to out- The Distinguished Judicial Service provide the best information source to standing sections for their dedication and Award was presented to Hon. John J. El- their membership. service to their areas of practice, and for lington, Hon. Carla Wong McMillian and l Gwinnett County Bar Association devoting endless hours of volunteer effort Hon. Kathy Stephens Palmer. (101-250 members) to the profession: The Ross Adams Award was presented l to Darrell Sutton. l Section of the Year Georgia Defense Lawyers Associa- The Award of Achievement for Ser- tion (501 or more members) Family Law Section—Scot Kraeuter, chair vice to the Bar was presented to Autumn

THANK YOU ANNUAL MEETING SPONSORS

CORPORATE Copper ADDITIONAL SPONSOR Constitutional Law SPONSORS 5 Gavel Family Law Charging Station Member Benefits, Inc. Health Law LawPay Labor & Employment Law OPENING NIGHT Conference Bags SPONSORS Friends Hope Funding, LLC Child Protection & Advocacy Platinum Photo Green Screen Product Liability Law Franchise & Distribution Law General Practice & Trial Law Georgia Legal Services Silver Local Government Law Program, Inc. Workers’ Compensation Law Military/Veterans Law Registration Counters Bronze Flag Insurance Services Real Property Law

32 GEORGIA BAR JOURNAL PHOTO BY SARAH I. COOLE

Chief Justice Harold D. Melton swears in Darrell Sutton as the 57th president of the State Bar of Georgia while Sutton’s family looks on. (Left to right) Melton, wife Meredith, Wilson (2), Louise (4) and Sutton.

Cole, Montoya Ho-Sang, Zack Howard, The Outstanding YLD Affiliate Award the State Bar. With his hand on the Bi- Tanesha Steward and Sarah Yaeger. was presented to the Glynn County YLD. ble, Sutton repeated the following: The Award of Achievement for Service I, Darrell Sutton, do solemnly swear that I to the Profession was presented to Cary will execute the office of president of the State Burke, Samantha Dorsey, Kristen Files, Passing of the Gavel Bar of Georgia, and perform all the duties in- Margaret Head and Chelsea Swanson. Saturday evening began with the an- cumbent upon me, faithfully, to the best of my The Award of Achievement for Out- nual reception honoring the justices and ability and understanding, and agreeable to standing Service to the YLD was present- judges of the Supreme Court of Georgia the policies, bylaws, and rule and regulations ed to Nicole Grush, Chinny Law, Nicole and the Court of Appeals of Georgia, fol- of the State Bar of Georgia and constitution of Leet, Shalamar Parham, Kevin Patrick, lowed by the business portion of the eve- the United States, so help me God. Alyssa Peters and Jennifer Weaver. ning. Prior to the swearing-in ceremony, The evening continued with dinner, The Award of Achievement for Out- President Hodges presented the Employee drinks, dancing and entertainment, in- standing Service to the Public was pre- of the Year Award, which honors a staff cluding the bourbon, cigar and scotch bar sented to Brittanie Browning, Sarah Jett, member of the State Bar of Georgia who and the ever-popular dance club featuring Morgan Lyndall and Justin Oliverio. distinguished himself or herself by being Atlanta’s Platinum Band. l The Award of Excellence for Dedi- dedicated to carrying out the ideals of the cation to the YLD was presented to Joe Bar, to John Shiptenko, Senior Assistant Dent, Michelle Garner, Amy Howell and General Counsel. He is commended for Jennifer R. Mason Mary McAfee. his exemplary work, conscientious man- Assistant Director The YLD Ethics & Professionalism ner and positive attitude. of Communications State Bar of Georgia Award was presented to Ron Daniels. Following the award presentation, The Joe Dent Hospitality Award was Chief Justice Harold Melton swore in [email protected] presented to Jared Parrish. Darrell Sutton as the 57th president of

2019 AUGUST 33 2019-20 State Bar Officers, Executive Committee and Board of Governors Members

Alcovy Circuit, Post 2 Atlanta Circuit, Post 23 Officers New Board of Michael R. Jones Sr., Loganville Donna G. Barwick, Atlanta Governors Members President Appalachian Circuit Atlanta Circuit, Post 24 Will H. Pickett Jr., Jasper Joseph Anthony Roseborough, Atlanta Darrell Sutton Atlanta Circuit, Post 1 Marietta Nicole Christine Leet, Atlanta Atlanta Circuit, Post 1 Atlanta Circuit, Post 25 Nicole Christine Leet, Atlanta Amanda Rourk Clark Palmer, Atlanta President-Elect Atlanta Circuit, Post 3 Atlanta Circuit, Post 2 Atlanta Circuit, Post 26 Dawn M. Jones Lisa Katsuko Liang, Atlanta Atlanta Kent Edward Altom, Alpharetta Anthony B. Askew, Atlanta Atlanta Circuit, Post 25 Atlanta Circuit, Post 3 Atlanta Circuit, Post 27 Treasurer Amanda Rourk Clark Palmer, Atlanta Lisa Katsuko Liang, Atlanta Nancy Jean Whaley, Atlanta Elizabeth L. Fite Atlanta Atlanta Circuit, Post 4 Atlanta Circuit, Post 28 Atlanta Circuit, Post 37 Jeffrey Ray Kuester, Atlanta J. Henry Walker IV, Atlanta Harold Eugene Franklin Jr., Atlanta Secretary Atlanta Circuit, Post 5 Atlanta Circuit, Post 29 Sarah B. “Sally” Akins Chattahoochee Circuit, Post 2 Catherine Koura, Atlanta Tina Shadix Roddenbery, Atlanta Savannah Brandon Lee Peak, Columbus Atlanta Circuit, Post 6 Atlanta Circuit, Post 30 Tracee Ready Benzo, Atlanta Shiriki Cavitt Jones, Atlanta Immediate Past Clayton Circuit, Post 1 President John Thomas O’Neal, Jonesboro Atlanta Circuit, Post 7 Atlanta Circuit, Post 31 Hon. Kenneth B. Hodges III William M. Ragland Jr., Atlanta Michael Brian Terry, Atlanta Atlanta Eastern Circuit, Post 1 Atlanta Circuit, Post 8 Atlanta Circuit, Post 32 Paul Wain Painter II, Savannah Hon. Paige Reese Whitaker, Atlanta Seth David Kirschenbaum, Atlanta YLD President Atlanta Circuit, Post 9 Atlanta Circuit, Post 33 William T. “Will” Davis Griffin Circuit, Post 2 Keith Elliott Gammage, Atlanta Hon. Susan Eichler Edlein, Atlanta Atlanta Christopher Charles Edwards, Fayetteville Atlanta Circuit, Post 10 Atlanta Circuit, Post 34 YLD President-Elect Scott Dewitt Delius, Atlanta Allegra J. Lawrence, Atlanta Norbert Daniel “Bert” Hummel IV Gwinnett Circuit, Post 3 Atlanta Atlanta Circuit, Post 11 Atlanta Circuit, Post 35 Wesley Charles “Chuck” Ross, Hon. Jill Pryor, Atlanta Terrence Lee Croft, Atlanta Lawrenceville YLD Immediate Past President Atlanta Circuit, Post 12 Atlanta Circuit, Post 36 Rizza O’Connor Member-at-Large, Post 1 Joyce Gist Lewis, Atlanta J. Marcus Edward Howard, Atlanta Lyons Ira L. Foster, Atlanta Atlanta Circuit, Post 13 Atlanta Circuit, Post 37 R. Gary Spencer, Atlanta Harold Eugene Franklin Jr., Atlanta Member-at-Large, Post 2 Francys Johnson Jr., Statesboro Atlanta Circuit, Post 14 Atlanta Circuit, Post 38 Executive Committee Edward B. Krugman, Atlanta Michael Dickinson Hobbs Jr., Atlanta Ivy Neal Cadle Ocmulgee Circuit, Post 2 Atlanta Circuit, Post 15 Atlanta Circuit, Post 39 Macon Ashley Mackin Brodie, Gray Letitia A. McDonald, Atlanta Anita Wallace Thomas, Atlanta Atlanta Circuit, Post 16 Atlanta Circuit, Post 40 Out-of-State, Post 1 Hon. J. Antonio DelCampo James Daniel Blitch I, Atlanta Carol V. Clark, Atlanta Atlanta Philip Augustine, Lake Mary, Florida Atlanta Circuit, Post 17 Atlantic Circuit, Post 1 R. Javoyne Hicks South Georgia Circuit, Post 2 Hon. JaDawnya Cintelle Baker, H. Craig Stafford, Hinesville Stone Mountain Tabitha Edwina Payne, Whigham Atlanta Atlantic Circuit, Post 2 Atlanta Circuit, Post 18 Carl Robert Varnedoe, Hinesville Amy V. Howell Foy R. Devine, Atlanta Augusta Circuit, Post 1 Atlanta Board of Governors Atlanta Circuit, Post 19 Sam G. Nicholson, Augusta David S. Lipscomb Members Zahra S. Karinshak, Atlanta Augusta Circuit, Post 2 Lawrenceville Atlanta Circuit, Post 20 William James Keogh III, Augusta Alapaha Circuit, Post 1 Jennifer Auer Jordan, Atlanta Augusta Circuit, Post 3 Nicki Noel Vaughan Larry Michael Johnson, Nashville Gainesville Atlanta Circuit, Post 21 Thomas Reuben Burnside III, Augusta Alapaha Circuit, Post 2 Patricia Anne Gorham, Atlanta Augusta Circuit, Post 4 Hon. Clayton Alan Tomlinson, Atlanta Circuit, Post 22 John Ryd Bush Long, Augusta Nashville Frank B. Strickland, Atlanta Bell Forsyth Circuit Alcovy Circuit, Post 1 Hon. Philip C. Smith, Cumming Michael G. Geoffroy, Covington

34 GEORGIA BAR JOURNAL Blue Ridge Circuit, Post 1 Dougherty Circuit, Post 1 Member-at-Large, Post 1 South Georgia Circuit, Post 1 Hon. David Lee Cannon Jr., Canton Joseph West Dent, Albany Ira L. Foster, Atlanta Lawton Chad Heard Jr., Camilla Blue Ridge Circuit, Post 2 Dougherty Circuit, Post 2 Member-at-Large, Post 2 South Georgia Circuit, Post 2 Eric Alvin Ballinger, Canton William Fleming Underwood III, Albany Francys Johnson Jr., Statesboro Tabitha Edwina Payne, Whigham Brunswick Circuit, Post 1 Douglas Circuit Member-at-Large, Post 3 Southern Circuit, Post 1 James L. Roberts IV, Saint Simons Island Ryan Reese Leonard, Douglasville Ana María Martinez, Decatur Christopher Frank West, Thomasville Brunswick Circuit, Post 2 Dublin Circuit Middle Circuit, Post 1 Southern Circuit, Post 2 Martha Wilson Williams, Brunswick Joseph Carl Sumner Jr., Dublin Hon. Kathy Stephens Palmer, Swainsboro Robert Allen Plumb Jr., Valdosta Chattahoochee Circuit, Post 1 Eastern Circuit, Post 1 Middle Circuit, Post 2 Southern Circuit, Post 3 Amy Carol Walters, Columbus Paul Wain Painter II, Savannah Thomas Alexander Peterson IV, Vidalia H. Burke Sherwood, Valdosta Chattahoochee Circuit, Post 2 Eastern Circuit, Post 2 Mountain Circuit Southwestern Circuit Brandon Lee Peak, Columbus Lester B. Johnson III, Savannah Hon. James T. Irvin, Toccoa Hon. R. Rucker Smith, Americus Chattahoochee Circuit, Post 3 Eastern Circuit, Post 3 Northeastern Circuit, Post 1 Stone Mountain Circuit, Post 1 Thomas Frederick Gristina, Columbus Jonathan B. Pannell, Savannah Mark William Alexander, Gainesville Hon. Stacey K. Hydrick, Decatur Chattahoochee Circuit, Post 4 Eastern Circuit, Post 4 Northeastern Circuit, Post 2 Stone Mountain Circuit, Post 2 Donna Stanaland Hix, Columbus John Bell Manly, Savannah Nicki Noel Vaughan, Gainesville William Dixon James, Decatur Cherokee Circuit, Post 1 Enotah Circuit Northern Circuit, Post 1 Stone Mountain Circuit, Post 3 Randall H. Davis, Cartersville Hon. Joy Renea Parks, Dahlonega Walter James Gordon Sr., Hartwell Hon. J. Antonio DelCampo, Atlanta Cherokee Circuit, Post 2 Flint Circuit, Post 1 Northern Circuit, Post 2 Stone Mountain Circuit, Post 4 John Thomas Mroczko, Cartersville Gregory A. Futch, Jackson Hon. Richard Dale Campbell, Elberton Donna Coleman Stribling, Decatur Clayton Circuit, Post 1 Flint Circuit, Post 2 Ocmulgee Circuit, Post 1 Stone Mountain Circuit, Post 5 John Thomas O’Neal, Jonesboro John Philip Webb, Stockbridge Carl Santos Cansino, Milledgeville Amy Viera Howell, Atlanta Clayton Circuit, Post 2 Griffin Circuit, Post 1 Ocmulgee Circuit, Post 2 Stone Mountain Circuit, Post 6 Harold B. Watts, Jonesboro Janice Marie Wallace, Griffin Ashley Mackin Brodie, Gray Claudia Susan Saari, Decatur Clayton Circuit, Post 3 Griffin Circuit, Post 2 Ocmulgee Circuit, Post 3 Stone Mountain Circuit, Post 7 Hon. Martin L. Cowen III, Jonesboro Hon. Christopher Charles Edwards, Christopher Donald Huskins, Eatonton John G. Haubenreich, Atlanta Fayetteville Cobb Circuit, Post 1 Oconee Circuit, Post 1 Stone Mountain Circuit, Post 8 Katie Kiihnl Leonard, Atlanta Gwinnett Circuit, Post 1 Hon. Charles Michael Johnson, Eastman R. Javoyne Hicks, Decatur David S. Lipscomb, Lawrenceville Cobb Circuit, Post 2 Oconee Circuit, Post 2 Stone Mountain Circuit, Post 9 Ronald Arthur Lowry, Marietta Gwinnett Circuit, Post 2 Hon. Stephanie Diane Burton, Sherry Boston, Decatur Judy C. King, Lawrenceville Cobb Circuit, Post 3 Hawkinsville Stone Mountain Circuit, Post 10 Hon. David P. Darden, Marietta Gwinnett Circuit, Post 3 Ogeechee Circuit, Post 1 Hon. Dax Eric Lopez, Decatur Wesley Charles Ross, Lawrenceville Cobb Circuit, Post 4 Daniel Brent Snipes, Statesboro Tallapoosa Circuit, Post 1 Patrick H. Head, Marietta Gwinnett Circuit, Post 4 Ogeechee Circuit, Post 2 Michael Douglas McRae, Cedartown Gerald Davidson Jr., Lawrenceville Cobb Circuit, Post 5 Susan Warren Cox, Statesboro Tallapoosa Circuit, Post 2 Dawn Renee Levine, Marietta Houston Circuit Out-of-State, Post 1 Brad Joseph McFall, Cedartown Carl A. Veline Jr., Warner Robins Cobb Circuit, Post 6 Philip Augustine, Lake Mary, Florida Tifton Circuit Laura Joan Murphree, Marietta Lookout Mountain Circuit, Post 1 Out-of-State, Post 2 Hon. Render Max Heard Jr., Tifton Archibald A. Farrar Jr., Summerville Cobb Circuit, Post 7 William J. Monahan, Washington, D.C. Toombs Circuit William C. Gentry, Marietta Lookout Mountain Circuit, Post 2 Pataula Circuit Dennis C. Sanders, Thomson Douglas Ray Woodruff, Ringgold Conasauga Circuit, Post 1 Edward R. Collier, Dawson Towaliga Circuit Terry Leighton Miller, Dalton Lookout Mountain Circuit, Post 3 Paulding Circuit Curtis Stephen Jenkins, Forsyth Christopher Sutton Connelly, Conasauga Circuit, Post 2 Martin Enrique Valbuena, Dallas Waycross Circuit, Post 1 Summerville Robert Harris Smalley III, Dalton Piedmont Circuit Douglass Kirk Farrar, Douglas Cordele Circuit Macon Circuit, Post 1 Barry E. King, Jefferson Waycross Circuit, Post 2 John Flanders Kennedy, Macon James W. Hurt, Cordele Rockdale Circuit C. Deen Strickland, Waycross Coweta Circuit, Post 1 Macon Circuit, Post 2 Daniel Shelton Digby, Conyers Western Circuit, Post 1 Thomas W. Herman, Macon Nina Markette Baker, LaGrange Rome Circuit, Post 1 Hon. Lawton E. Stephens, Athens Coweta Circuit, Post 2 Macon Circuit, Post 3 Christopher Paul Twyman, Rome Western Circuit, Post 2 Ivy Neal Cadle, Macon Jason W. Swindle Sr., Carrollton Rome Circuit, Post 2 Edward Donald Tolley, Athens J. Anderson Davis, Rome

2019 AUGUST 35 GBJ | Feature

Hodges’ Final Remarks to the Board of Governors

The bylaws of the State Bar of Georgia specify the duties of the president. One of the responsibilities is to “deliver a report at the Annual Meeting of the members of the activities of the State Bar during his or her term of office and furnish a copy of the report to the Supreme Court of Georgia.” Following is the report from 2018-19 President Kenneth B. Hodges III on his year, delivered June 7 at the State Bar’s Annual Meeting. BY HON. KENNETH B. HODGES III

Thank you, Buck. It has been an honor following you. You have been a very good leader to follow as well, and you said a few of the things I wanted to say in my brief remarks. One of which is, that this is a great day. Today isn’t the part of the Annual Meet- ing where we conduct business and talk about issues and take action. Darrell Sutton will lead us ably in that tomorrow. Today is where we celebrate the profession that we’re all members of, and we are members of a profession, who do the right thing for the people, the clients and the consumers of the state of Georgia. We do good things for lawyers as well in our governance, but keep in mind that we’re here to serve the public. I think that’s a great thing. Those of you who were in the room last year know how excited I was to start my term as your president. While the agenda had me giving my report in the middle of the meeting, I jumped right

2018-19 President Kenneth B. Hodges III presents his final remarks to the Board of Governors during the plenary session of the Annual Meeting. PHOTO BY SARAH I. COOLE.

36 GEORGIA BAR JOURNAL in with both feet at the start—before the is rounded out with Roy Robinson and gether. Notorious adversaries on many is- pledge, before the invocation, before Mark Middleton. sues, I brought them together over Chick- anything. It dawned on me that I was not We also have three other superstars fil-A biscuits and coffee to find common supposed to do that when I was about who I will recognize in a bit who help us ground, and find it they did. halfway through, but I forged ahead. I at the General Assembly. They came together to support the started out fast, and as many of you would The General Assembly convenes each Business Court, which was created this agree, I haven’t slowed down. year for 40 legislative days and is made legislative session, and they will continue We had a great year, and it was indeed up of 56 senators and 180 representatives to work with our Business Court Com- an honor to serve as your 56th presi- from all over the state, and as we have re- mittee on recommendations for imple- dent. Margaret, Jack, Melissa and I have ported previously, lawyer-legislators are mentation as the rollout occurs. enjoyed these meetings, particularly the on the decline. This year, I invited all cur- The Bar is also monitoring the rollout Thursday night gatherings that are more rent and former lawyer-legislators to the of eFiling as it spreads out over the state. of a family-oriented event. I hope that this Bar Center to discuss ways the Bar could Please give us your feedback so we can weekend is magical for all, whether or not best support them, and we need to con- work to alleviate issues. The easiest way is Disney World is a part of it. tinue that effort. to send it to [email protected], which Our Bar provides many very good and So I need you, as leaders of the Bar, to will go to Darrell starting tomorrow. needed services both for lawyers and the do one of three things: We have concluded the three-year PSA public. We are a mandatory Bar, and so we 1. Run yourself campaign entitled “Who Needs Lawyers? are required to belong. We are not, howev- We Do.” The 10 videos that have been er, required to participate—other than the 2. Recruit another lawyer to run, or produced will continue to be used, aired 12 hours of continuing legal education each 3. Form or strengthen a relationship and hosted on our website, where you can year and compliance with the rules that are with your state representative or access them and use them in your com- promulgated by the Supreme Court. senator so that you can help us edu- munities. These award-winning videos No one is required to be here today, cate them on our issues when we are have been featured in The Atlanta Journal- making sure that Georgia lawyers and back next year and the years to come. Constitution, and they focus on the good Georgia consumers and clients have the lawyers do. Don’t wait to do this. Start next week. best legal system in the country. No one is We have fully and finally transitioned Call them when you get back from Or- required to run for or serve on the Board the Institute of Continuing Legal Educa- lando and set up a breakfast or lunch and of Governors or as an officer or Executive tion into the Bar. It was at first a revenue get to know them or get to know them Committee member, but we all do that in loss for us, as it was still in Athens and better. After that, email Christine and let order to make our profession better. we had a lot of overhead there. But as we her know that when we need you to talk As our website proclaims, “The State were able to integrate it fully in Atlanta, to your representative or senator, you are Bar of Georgia exists to foster among the it is now generating revenue for the Bar. ready to do that ([email protected]). members of the Bar of this state the prin- We are enjoying efficiencies and econo- I mentioned three superstars earlier, ciples of duty and service to the public, to mies of scale that are working together to and I want to recognize them now. Not improve the administration of justice and make it more efficient and better. only do they give their time to us on the to advance the science of law.” I think we Bob Kauffman helped lead us through Board of Governors, but they also serve us do that, and we do it well. that time, and he also brought to Georgia in the Georgia General Assembly. They are This year has been a great year. We the idea of attorney wellness. He asked me state Sen. Jennifer Jordan, state Sen. John just finished a successful legislative ses- to chair that task force, which is now a Kennedy and state Sen. Zahra Karinshak. sion, where our entire legislative package standing committee, and this year, under Let’s thank each of them for their ser- was passed by the General Assembly and the leadership of Javoyne Hicks, hosted vice to the Bar and to the state. signed by Gov. Brian Kemp. This does the first Wellness Seminar in Carefree, Now we need someone here to run for not always happen, and it’s never easy. Arizona, where it was 75 and sunny in the House! We have a great team of lobbyists January, and it was a great success. I’ve Another set of meetings I helped facili- to help with that. It is led by Christine learned that if you want something to be tate during the year was bringing members Butcher Hayes, who works in house, a success, put Javoyne in charge. of the Georgia Chamber of Commerce and and Rusty Sewell, who’s been with us Last month, I participated in the Na- the Georgia Trial Lawyers Association to- so long he seems in house, and the team tional High School Mock Trial Champi-

2019 AUGUST 37 l onship in Athens, Georgia. Chief Judge And all the other Bar staff members thoughts will be circulated to the commit- Stephen Dillard oversaw the judging I can’t call by name because of time tee. I’ve gone around the state to talk to panel volunteer orientation and served as constraints. It runs so smoothly, Bar groups and associations about it. If a presiding judge throughout the competi- flawlessly and easily due to the hard you’ve got an association or group where tion, including the national championship work of the more than 120 fabulous you want someone to come and have that round, and we had a great turnout from employees we have working for us at discussed, just let me know. our Bar in Athens. I had people from all the State Bar of Georgia. It is a diverse committee, with people over tell me that we ran the best mock I appointed two special committees from all areas of practice: plaintiff and trial competition that they’ve ever been to. this year that will continue under Dar- defense, civil and criminal, so we’re try- Michael Nixon put on a fabulous program, rell’s administration: (1) the Unified Bar ing to take in all perspectives. Darrell is and I’ve asked him to join us this weekend Committee and (2) the Professional Li- going to broaden the perspective and to tell you about what we did. He and the ability Insurance Committee. I wanted to make some additional appointments to other members of the Bar staff are what get through these initiatives, one in par- that committee. makes it easy to do what we do as officers. ticular, during my presidency; however, There are two states that already re- Leading this group is, of course, an there was not time. We got the discus- quire professional liability insurance, honor, but it’s really not that difficult. sion started, and it will continue as we Oregon and Idaho. You can look at those. And the reason is the people. At the risk allow input from all those who want to The state of Washington is considering of offending Bar staff who I don’t specifi- be heard. it right now. They’ve got a very thorough cally name, I want to talk about a few: The Unified Bar Committee is led by report out, which I invite you to read. l Jeff Davis, our executive director, Pat O’Connor. This committee is looking California is also looking at it. who makes it very easy to sit in this into what will happen if a case currently To me, it’s kind of like a seat belt: 30 chair right here beside him and make being considered holds that mandatory or 40 years ago, nobody wanted to be told sure that the meeting runs flawlessly bars are unconstitutional. The case was they had to wear a seat belt. But the Leg- and to make sure that the things that remanded by the U.S. Supreme Court islature enacted it, although more slowly we as a group put out as a policy get back to the 8th Circuit and will be argued for pickup trucks, and now we all buckle implemented; later this month. That case is Fleck v. up in our cars and we move forward be- Wetch, involving the unified State Bar As- cause it’s a safe thing to do. We don’t give l Sharon Bryant, our chief operating sociation of North Dakota. We’ve talked it a second thought. officer, whose office sits right next to about it at these meetings. I just wanted to I think professional liability insurance the president’s office. She has been make you aware of what’s going on with- is a lot like that. The biggest complaint I there for me every step of the way, out going into depth on it. Pat is leading get is we don’t want to be told what to do, and I appreciate that so much. the committee, with former Chief Justice but sometimes we need to be told what to l Ron Turner, who has come back Carol Hunstein and Allegra Lawrence- do. So let’s continue that discussion. as our chief financial officer, does a Hardy and other former Bar presidents, It’s been a great year. People have asked fabulous job. which will monitor the Fleck case and me how it feels to be going out the door. l Michelle Garner, our director of make recommendations should the litiga- It is bittersweet. I love doing the work of meetings, who is a godsend to a tion result in any impact on unified bars. the Bar. I love being a part of what the president. She plans a meeting like Our hope is that it won’t, but we are on Bar does for the profession. But just like no other, and she gets things done top of it and will be ready if it does. when I left the DA’s office in Albany, I left and done right. Michelle, you are The other committee is the Profes- it in very good hands with Greg Edwards, awesome, and I’m going to miss you. sional Liability Insurance Committee. who’s been a member of this Board over I do think we need professional liabil- the last several years. And I know the Bar l Paula Frederick, our general counsel, ity insurance for all active members of will be in very good hands with Darrell and Bill NeSmith, deputy general the Bar with a few exceptions, but it’s a and the others up here on the podium. I counsel. We’ve got a great Office of the discussion that we’re going to continue leave happy, and I look forward to join- General Counsel. Paula’s been with us to have. We’re going to bring it to this ing Buck and the other past presidents a long time, and I don’t know what we body when it is right, and we’re going to in coming back here for years to come. would do without her sage advice. Bill vote on it. We had a great chair in Linley Thank you very much. l is also our parliamentarian. I wanted Jones, who led the charge through the to read Robert’s Rules of Order when I year, leading the discussions and gath- became president, but I didn’t have to ering the evidence. Darrell will appoint Hon. Kenneth B. Hodges III because Bill knows it in and out. Chris Twyman, who is here, to continue Immediate Past President l Sarah Coole and Jennifer Mason in that work. State Bar of Georgia

communications, who are so helpful We welcome and value your input. If [email protected] in getting our materials out. you will email [email protected], your

38 GEORGIA BAR JOURNAL GEORGIA BAR JOURNAL

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This moment marks a milestone on a journey begun many years ago. My story Remarks of Darrell is not necessarily unique. Like many, especially of my generation, I am the Sutton to the Board child of divorced parents. I was raised by my father, a high school drop-out, whose poor choices early forced him to do the of Governors best he could raising my brother and me with very limited resources. The following is excerpted from Darrell Sutton’s remarks to the Board of What my dad lacked in resources, Governors on June 8, during the 2019 Annual Meeting in Orlando, Florida. however, he made up for with an abiding BY DARRELL SUTTON faith, perhaps ironically, in the power and importance of an education. And he was PHOTO BY SARAH I. COOLE 2019-20 President Darrell Sutton addresses Board of Governors members on Saturday, June 8.

40 GEORGIA BAR JOURNAL teeming with an ever-present optimism, But much of what I heard has shaped the Over the next 12 months, this com- an optimism that opportunity abounds. initiatives—some old, some new—to be mittee will run every tentacle of this is- You just have to reach out and seize it. implemented over the next year. sue to its end. They will come to you with I suppose that my presence at this a recommendation for how to proceed podium, standing in front of this room, only after every possible voice is heard, delivering this message, proves positive Professional Liability Insurance every question is asked and answered, what my dad taught: with an education Let’s begin with an initiative not new to and the perspectives of all 50,000 of us and optimism, opportunity will follow. anyone in this room: professional liability are accounted for in the conclusions And today begins my 12-month op- insurance. With only a few exceptions, I they reach. portunity to serve our profession and heard lawyers across the state—with the public. practices as diverse as the cities where Now, what that combination of edu- they live and with ties to every subset of Personal Injury Case Runners cation and optimism also breeds is impa- Georgia lawyers imaginable—say they be- Personal injury “case runners” are noth- tience. And those of you who know me lieve what Ken has helped many others ing new to the legal profession. The use well know I have been rather impatiently of us understand: this is an issue worthy of these true “ambulance chasers” on the awaiting this moment. I’m not much the of consideration. part of some personal injury lawyers has “waiting in the wings” kind of guy. And As it is considered though, additional for decades been a prevalent practice. my tendency to chomp at the bit has questions arise. Questions that need to But gone are the days when runners shown through more than ever over the be answered before we take action. And operate in the shadows. Even though the past few months. questions take time to answer. practice is illegal in Georgia and stands No doubt to Ken’s chagrin. So we will be giving the Professional in violation of State Bar rules about cli- Well, Ken, before I chomp any further Liability Insurance Committee just that: ent solicitation, I have listened as law- I want to use this opportunity to publicly more time. More time to continue its yers from Athens to Savannah to Atlanta acknowledge my private observation: you good work. More time to investigate and shared first-hand accounts of lawyers never let your chagrin show. Instead, you answer the questions that the complexity boasting about their use of the practice. did your job, working diligently, and pre- of this issue inevitably generates. So brash have some of our members be- siding over a year in this organization’s Taking advantage of this opportunity come that they even employ hospital per- history that was as seamless as any other. of time, however, will be a committee sonnel themselves to generate personal I want to thank you. And I am sure this with a slightly different makeup. To be injury clients. group would like one more chance to do sure, many of the hardworking Georgia This illegal, unprofessional and uneth- so, too. lawyers who have given of their time and ical form of client solicitation casts a bad I decided the best way to get myself out talents to so capably vet the issue so far light on the legal profession. It makes us of Ken’s hair while I was waiting my turn will carry over to the newly constituted the worst caricature of ourselves. All the at this podium was to get on the road. So PLI committee. while, it operates to the detriment of the I have been hard at work, traveling the But they will now be led by one of public, whose best interests we are sworn state, listening to the concerns of lawyers you: Rome’s Chris Twyman. And they to serve. and judges alike, preparing for the jour- will be complemented by colleagues who Determining the best method to ney I begin today. make the committee representative of ev- combat this insidious form of client Many of you facilitated these oppor- ery corner of the state. From the hills of solicitation will be a committee led tunities for me to listen. From Rome to Northwest Georgia to Savannah’s squares; by Board Member Michael Geoffroy. Macon, Augusta to Savannah, you made from Atlanta, College Park and Marietta Comprised of plaintiff personal injury it possible for me to gather with small in the metro area, to Macon, Thomson, lawyers (and a few of their defense groups of lawyers from across the state Vidalia and Moultrie outside Atlanta. counterparts), hospital representatives, and listen to their thoughts, their ideas, And these new members will comple- members of the judiciary, prosecutors their concerns. Andy Davis, Brad McFall, ment the committee’s existing expertise [and an assistant attorney general], this Chris Twyman, Ivy Cadle, Thomas Her- in professional liability insurance litiga- committee will study the issue, working man, John Kennedy, Thomas Burnside, tion with the diversity of perspectives to develop a public awareness campaign. Bill Keogh, Jack Long, Sam Nicholson, found in a 50,000-member Bar: plaintiff’s Educating lawyers about permissible Sally Akins, Lester Johnson, John Manly personal injury lawyers, civil defense law- client solicitation is important. Even and Jon Pannell: I want to thank you for yers, business lawyers, criminal defense more important is the development of making these opportunities for me. I am a lawyers, prosecutors, government law- materials that will alert those suffering better leader because of your efforts. yers, corporate lawyers, judges, big firm from a personal injury and their families Now, this will come as no surprise lawyers, “main street” lawyers, women about the practice of illegal client solici- to this group: lawyers are opinionated. lawyers, lawyers of all ethnicities, young tation, how to identify it and what to do So I did a lot of listening at these visits. lawyers. Each group has a seat at the table. when they encounter it.

2019 AUGUST 41 Let me be clear: the challenging circumstances for unified bars do not require the sounding of an alarm. Far from it. . . . They also present us with the unique opportunity to ensure our Bar is appropriately delivering upon its promise to serve the profession and the public.

Consumer Program Consolidation concern about the circumstances facing program or operation should continue— Both in the context of case-runners and ours and all unified bars. in its current form, if not altogether. otherwise, protection of the public is im- These circumstances are no doubt portant to many of those I heard from troubling. But they also present us with around this state. This should come as the unique opportunity to ensure our Bar Continuing the Listening Tour no surprise: it is one-half of our mis- is appropriately delivering upon its prom- So how do we do this? sion. Equally unsurprising, then, is that ise to serve the profession and the public. One way is to continue what I have the Bar has three programs devoted to First, the circumstances. Across spent the past few months doing: listening. the public protection half of our mission. the nation unified bar membership is At this point many of you may be en- The Consumer Assistance Program, being challenged. visioning the caricature of 160 of us piled the Clients’ Security Fund and the Fee Last December, the U.S. Supreme in a VW bus. Just imagine it: me at the Arbitration Program all serve the same Court ordered a federal appeals court wheel getting, um, encouragement about essential function: protecting the interests to reconsider a First Amendment chal- how to be a better driver from Dawn, of clients and the general public. lenge to the unified bar filed by a North Elizabeth and Sally. Thankfully for all of But each currently operates indepen- Dakota lawyer. The U.S. Supreme Court us, technology provides a better way. dently, even though all at one point or vacated a judgment against that lawyer, Taking some lessons from Dawn’s un- another overlap. which had upheld the constitutionality of dergraduate alma mater and my wife Mer- Bar leadership has an obligation to the the unified bar, and the Supreme Court edith’s law school alma mater, the Univer- profession to ensure the Bar’s programs ordered the 8th U.S. Circuit Court of Ap- sity of Virginia, we will leverage the Bar’s are conducted with efficiency, effective- peals to reconsider the case. website and social media outlets to create ness and to the greatest benefit to Bar This case, commonly referred to as an online space for Bar members to share members. This obligation extends to the Fleck, is well known to many of us here thoughts, comments and ideas. The goal is public when considering programs that today. And it will go a long way in decid- to inform our membership that their opin- exist largely, if not exclusively, to protect ing whether the unified bar continues to ions are important to the Bar’s leadership; and benefit those who lawyers serve. exist. But a decision in that case is a year that we are listening and willing to interact So Atlanta’s Elena Kaplan and States- or two away. with their thoughts and opinions. boro’s Sharri Edenfield will spend this Meanwhile, in the past six years, two We will also leverage this technology year co-chairing a comprehensive review unified bars have been deunified. And to educate our membership: to highlight of the efficiency and effectiveness of the five other unified bars are now the sub- the Bar’s contributions to our legal com- State Bar’s consumer protection project of litigation challenging their exis- munity; to inform members through grams. Their task will be to study whether tence. Difficult times, no doubt. graphs, infographics and drip marketing these three programs should continue to But in this difficulty lies our opportu- exactly what they are getting for their operate separately, or if it would be wiser nity. It is our encouragement to engage dues dollars; and to emphasize the ben- to consolidate them into one consumer our members and take a look inward to efits of a unified bar. protection program, operating together ensure that each of our programs and the rather than independently. way we operate otherwise is delivering value to the membership and to the public Board of Governors Engagement our membership serves. And anytime we Let me be clear: the challenging circum- Opportunities in a Changing find a program or operation that causes stances for unified bars do not require the Environment for Unified Bars us to respond in a way other than the af- sounding of an alarm. Far from it. At each stop on the listening tour, I firmative, current circumstances demand But they do provide us an additional heard member after member express that we take a hard look at whether that impetus to do the work that, as stewards

42 GEORGIA BAR JOURNAL of this great organization, we should always strive to do: ensure every program we offer is operating as a benefit to our members and an appropriate function of a unified Bar. This is an impetus creating an opportunity based in hard work, intense intro- spection and in-depth analysis. For far too many years the Bar’s Executive Com- mittee has been the ox that carried these www.lawyerslivingwell.org yokes. Not any longer. It is my commitment to you that this opportunity borne from challenging circumstances is this Board’s opportunity. It is my commitment to you that the decisions this opportunity bears will be made by this Board. It is my commitment to you that the discussion, debate and contem- plation that these decisions will require will be this Board’s to have. Now y’all know that Mercer is my first love. What you may not know is that to get to Harvard on Coleman Hill, I did a lot of hard work in the City of Seven Hills: at Berry College in Rome, Georgia. To get onto the campus where that hard work was done, I had to drive through the Gate of Opportunity. Yes, it’s corny. And yes, it was not lost on me that, as the son of the eternal believer in opportunity I mentioned earlier, The State Bar of Georgia this was the gate I passed through to be- continues to make lawyer gin my college education. But for so many generations of students it has indeed been wellness a priority. Visit what it was for me: the seminal chance to transform my future. To do as my father lawyerslivingwell.org to taught: get an education, combine it with view articles and resources optimism and let the opportunities follow. As I see it, the next year is our gate of related to wellness, and opportunity. It is the threshold we will learn more about State cross in order to spend the next few years on campus. Doing the hard work and mak- Bar programs that help ing the decisions that will shape the long- lawyers in their lives and term future of this organization and our profession in Georgia. It is only appropri- practices. Be sure to check ate that this Board drive us onto that campus. Because it will be this Board doing the out the wellness resources hard work that will ensure we seize our and get discounts on gym opportunity and transform our future. l memberships, fitness

Darrell Sutton classes and more. President State Bar of Georgia [email protected]

2019 AUGUST 43 The Sutton family: Meredith, Wilson, Louise and Darrell. GBJ | Feature

Sutton Sees Opportunities in Bar’s Challenges

BY LINTON JOHNSON

When Darrell Sutton was installed not pinpoint exactly when he decided he that the law had bettered the lives of so as the 57th president of the State Bar of wanted to be a lawyer, but he acknowl- many others, it was just something I was Georgia, he also became only the seventh edges it was early in life. “My parents will drawn to.” past president of the Young Lawyers Di- tell you that I talked about it from the After Sutton graduated from Eagles vision to ascend to the highest office in time I could utter words,” he said, “but I Landing High School, his choice of col- the “Big Bar.” don’t know how much credence I would leges came down to the University of He is the first to make that leap since give that.” Georgia, Maryville College in Tennessee, 2004, when Bill Barwick, the 1985 YLD Sutton was born in Marietta, and his where he had the chance to play soccer, president, led the Bar. The others include family lived there until he was 6. “My and Berry College in Rome. “I decided Frank Jones (1957 YLD president and dad got transferred by the company he that I’d get lost in a big environment like 1969 Bar president), Bob Brinson (1974 worked for, and we moved to a town just UGA, and I wasn’t going to play soccer and 1987), James Elliott (1977 and 1989), outside New Orleans,” he said. “We lived beyond college, so I shouldn’t make a Charlie Lester (1978 and 1992) and John there for four years and moved back to decision as big as where to go to college Sammon (1988 and 1994). Sutton is hon- the Atlanta area when I was 10,” settling based upon that,” Sutton explained. “Ber- ored to be part of such an exclusive club. in Henry County. ry sort of offered the best of everything. It “I think it’s significant,” he said in a “Shortly after we moved back to At- was a small environment, which I needed. recent interview. “That list is a who’s lanta, my parents got divorced and we It was very well regarded academically, who of iconic Georgia lawyers. To even fell on pretty hard times financially,” Sut- and I had the good fortune, between the be mentioned in their category is some- ton recalled. “Despite the disadvantages combination of scholarships and grants, thing that a kid from my background we faced, and for all my parents’ faults to go there virtually free of charge.” would have never imagined possible. otherwise, the importance of education It was, Sutton said, “among the top Those are lawyers I have admired, and was always stressed to me as a gateway three decisions in my life. Going there in some cases idolized, and to now be in to improving your life. And for what- opened so many doors for me and had the same category as them is in many re- ever reason, I also saw the law and law- a lasting impact on me. One significant spects still surreal.” yers as co-equal to education. The law impact was the decision on where to go The new State Bar president, who was had been used to better people’s lives. I to law school.” During his junior and sworn-in June 8 during the 2019 Annual guess the combination of understanding senior years at Berry, Sutton worked in

PHOTO BY REBECCA ENSLEIN Meeting in Orlando, Florida, says he can- that education could better your life and the Rome law firm then known as Shaw,

2019 AUGUST 45 Sutton, who was the 2013-14 State Bar YLD president and—due to an unexpected vacancy in the State Bar officers’ ranks at the time— served simultaneously as secretary of the State Bar and president of the Cobb County Bar Association in 2016-17, has never shied away from professional leadership during his career.

Maddox, Graham, Monk & Boling, which Atlanta area,” Sutton said. “But the firm But two of his new partners had left is now McRae, Smith, Peek, Harman & appealed to me, and the opportunity to MIJS two years earlier and were already Monroe LLP. litigate they were offering appealed to established. “They owned a building,” “That solidified for me that I wanted me, too.” Sutton recalled. “All the headaches and to go to law school,” Sutton recalled. “Be- Returning to his birthplace to begin his costs and startup frustrations that come ing in the environment there every day legal career was “a pure coincidence,” but with opening a firm, they had worked not only didn’t turn me off to the everyone that he appreciates. “My success pro- through. It added an extra level of secu- day practice of law; it turned me on to fessionally is directly attributable to my rity. The risk and benefit analysis had it even more. I was fascinated by it and time there,” Sutton said of his five years changed. I would still be giving up a lot, drawn to it. So I applied to several law at MIJS. “The mentorship that I received, but they also offered me the opportunity schools and my decision came down to the lessons I learned; the lawyers at that to leave the firm without a lot of the risk going to a school out of state, which was firm taught me everything I know about that others endure when they strike out fairly well ranked, or staying in state and practicing law. I practiced with some on their own.” going to Mercer.” great lawyers, I was taught by some great Although the new firm was a success, A political science professor, the late lawyers, and it wasn’t just learning about Sutton said, by two years later, “we were Dr. Peter Lawler, had taken Sutton under the practice of law. It was the lessons that all at a point where we wanted different his wing at Berry and become an influ- I learned about service, especially service things out of the practice. So I took my ential mentor. “As Professor Lawler put to the profession, that have had the most portion of the practice and opened my it to me,” Sutton related, “‘Do you want lasting impact on me.” own firm in October 2010. It’s still an to practice law in Georgia?’ I said yeah, Sutton’s first job as a lawyer also set the insurance defense law firm. As my Bar and he said, ‘Well, the decision should course for his area of practice. “The firm service has continued and my statewide be pretty easy then. You need to go to had a very large insurance defense prac- profile has grown, we have had opportu- law school here.’ And Mercer it was. I tice, and that’s where they had an open- nities to do other stuff, but 85 percent of can pinpoint that decision as the single ing when I was coming out of law school,” my practice is still bread-and-butter in- most impactful of my life. I can trace he said. “So that’s where I landed. Com- surance defense work.” back to that decision everything that is ing out of law school, I knew I wanted Sutton, who was the 2013-14 State Bar important to me now—my wife, my kids, to litigate, but I didn’t have a particular YLD president and—due to an unexpected my closest friends, my law firm, the Bar. area that I wanted to litigate in. They gave vacancy in the State Bar officers’ ranks at All of it I can trace back to that. That is me the opportunity to litigate, and it just the time—served simultaneously as secre- the root out of which the tree of my life so happened to be in that particular area. tary of the State Bar and president of the since then has grown. I had an amazing So I became an insurance defense litiga- Cobb County Bar Association in 2016-17, three-year experience there.” tor there and have continued to do that has never shied away from professional During his second and third years at ever since.” leadership during his career. Mercer’s Walter F. George School of In the fall of 2008, Sutton joined three “From very early on at MIJS, we were Law, Sutton worked for the Macon firm former MIJS colleagues in a new partner- shown that it wasn’t enough just to be of Stone & Baxter LLP. He had intended ship. It wasn’t an easy decision for Sut- a good lawyer, a good practitioner,” he to remain with the firm after his gradu- ton, who had passed up one earlier op- said. “To be a well-rounded lawyer, you ation and admission to the State Bar in portunity to leave the firm. “This sounds needed to serve and, in particular, serve 2003. An on-campus interview and a so arrogant, but it’s true,” he said. “I had the profession. Robert Ingram was presi- second interview with the Marietta firm it made at MIJS. I was on track to make dent of the State Bar in 2005-06, which of Moore Ingram Johnson & Steele LLP equity partner. I had a great practice. I had was bridging my second and third year (MIJS) changed that plan. “I didn’t neces- some good friends. Everything that you at the firm. He encouraged Damon El- sarily have any aspiration to return to the could hope for professionally I had there.” more, who was president of the State Bar

46 GEORGIA BAR JOURNAL PHOTO BY REBECCA ENSLEIN

Young Lawyers Division that same year, ity of those friends happen to be fellow it can be challenging from a stamina per- to appoint me to an open position on the lawyers, Sutton said. spective. You are dealing on a daily basis Young Lawyers Division Representative “Look at it this way,” he said, “my clos- with difficult issues, difficult subject matter Council. In other words, he gave me the est friends are either folks that I went to and having to craft solutions from difficult nudge I needed to get involved, and I did, law school with—my law school class is circumstances. To me every bit of that is and I ran with it from there.” very close—or folks that I have practiced enjoyable. And in the process, hopefully Additionally, Sutton has served as the or served with at some point. Lawyers are you get to make a positive difference in State Bar’s treasurer and president-elect, genuinely good people. We have a gen- somebody’s life. It’s not always the case, but and as president of the Cobb Bar YLD. erally negative reputation. I get that, and you really live for those moments. He is also a past chair of the Cobb County I think it’s because people encounter us “And I think the same is true for the Board of Ethics, has served on the boards only in difficult situations. You can only Bar,” he added. “We’re facing challenging of the Georgia Legal Services Program, identify one or two circumstances where circumstances and the challenge of craft- the Cobb Justice Foundation and Lawyers somebody encounters a lawyer in a posi- ing positive results from difficult circum- for Equal Justice, and in February will take tive circumstance. So we as a result have a stances, while hopefully at the same time over as chair of the Mercer Law School negative reputation. But the reality is that making a positive difference in the lives Alumni Association Board of Directors. lawyers are good, kind, intelligent, caring, of our members and in the lives of those Any “spare time” Sutton might oc- giving people as a whole.” who our members serve. If I can look casionally have is spent mostly with his Asked what he loves most about being back and say that our profession is bet- wife Meredith and their children, Louise a lawyer, Sutton responds quickly: “The ter on June 30, 2020, than it is on July 1, and Wilson. As an Atlanta Falcons season challenge of it. I’ve obviously done nothing 2019, and is positioned to not only endure ticket holder, he says he also indulges in professionally other than being a lawyer, but thrive during this time of challenge, eight opportunities each fall to “venture but there’s few things I can imagine that then I will consider this year a success.” l over to Mercedes Benz Stadium and rou- are as challenging daily as this profession. tinely want to bang my head against the While the word ‘challenge’ comes with a wall. I’m also fortunate to be surrounded negative connotation, I don’t mean it that Linton Johnson by good friends, so to the extent that I way. In fact, I say it with a positive conno- Media Consultant have time, being with them is something tation. What we do day in and day out is State Bar of Georgia I very much enjoy doing.” The vast major- challenging. It’s challenging intellectually; linton.johnson@ verdictservices.com

2019 AUGUST 47 GBJ | Feature

Meet the New Executive Director of GLSP: Rick Rufolo

Rick Rufolo brings decades of business and legal expertise to the Georgia Legal Services Program. BY ASHLEY G. STOLLAR

Just as he was set to retire as vice president for the Labor, Employment and Litigation Practice Group at UPS, Rick Ru- folo learned of the imminent retirement of Georgia Legal Services Program Executive Director Phyllis Holmen. During his 30 years at UPS, Rufolo was involved in nonprofits including the Truancy Intervention Project, the Atlanta Legal Aid Society, and the Boys and Girls Club of Fulton County, so it was no great stretch what his next step might be. Rufolo was hired to succeed Hol- men, who worked for GLSP for 40 years and had been at the helm of the nonprofit since 1990. Rufolo followed his older brother into the law; his younger siblings are also lawyers. He always knew that a legal background would provide him with opportunities both in the legal and business field. After law school, he worked with a law firm for a year, then began working at UPS. His first 12 years at UPS were in non-legal positions; the remainder of his time Rufolo worked in the legal department in various roles, including vice president of the Labor, Employment and Litigation Practice Group. Rufolo saw the GLSP position as a great opportunity to take his business and legal background, developed while working at UPS, and combine those with his passion for giving back to those that need

PHOTO BY ASHLEY G. STOLLAR it the most, the thousands of Georgians GLSP Executive Director Rick Rufolo.

48 GEORGIA BAR JOURNAL “We already provide great legal services, but there are nearly 2 million people that live near the poverty level in Georgia. We need to find ways to reach even more people than we already do.”

that, without the representation GLSP ing sources. Representing clients in such a denied access to justice and didn’t have provides, might be denied access to justice. large state is daunting, especially clients in any funding issues.” So, what’s an adjust- The first month in the executive direc- south Georgia who might have once been ment he made coming into a program tor’s chair, Rufolo settled into the job, get- served by offices in Valdosta and Way- that has limited resources? Rufolo point- ting oriented with the work in the Atlanta cross, offices that are now closed. ed out that nonprofits run on passion, office. It wasn’t long before he hit the road When asked about his priorities, Ru- and bringing structure to that passion visiting the 10 offices that GLSP maintains folo said he was eager to identify ways by identifying policies and processes that around the state, meeting all the members GLSP could reach more clients. “We al- create efficiency in how legal services are of the team and some of their clients with- ready provide great legal services,” he delivered is important. in a span of three weeks. He spent one day said, “but there are nearly 2 million people Learning leadership from both busi- with Cheryl Griffin, managing attorney in that live near the poverty level in Georgia. ness and legal mentors, Rufolo under- the Albany office, meeting with clients and We need to find ways to reach even more stands the importance of knowing all seeing firsthand the type of work GLSP’s people than we already do.” aspects of the business. He spent time attorneys are doing. All told, Rufolo trav- Securing funding, always a challenge for with Holmen to hear what she focused on eled 2,100 miles on his quest to visit the of- nonprofits, is key to GLSP’s success. Part during her years at GLSP. In order to get fices as well as additional trips to Savannah of its budget comes from federal and state perspective from the team, Rufolo hosted and Columbus to speak with the Savannah grants, but grants tend to be restrictive. It a dinner in Macon with seven staff mem- and Columbus Bar Associations. is important to find funding sources that al- bers who have been with GLSP for more His trip around the state helped Rufolo low GLSP more flexibility in the way they than 40 years. “To hear from them was identify how GLSP can provide better, provide services. “We receive great support energizing,” Rufolo said. “I listened more more comprehensive services to those in from the State Bar’s annual ‘And Justice for than anything. Their passion is evident, need. “We need to look into the current All’ Campaign for GLSP and the Georgia these experienced members of the team structure of service to develop strate- Bar Foundation,” Rufolo said. “Our goal who can share the history and culture. gies which can improve processes, utilize is to continue to build relationships with You could see it and hear it: the issues technology to provide more effective legal foundations and law firms in the private they’ve dealt with and the Georgians that services and develop our people to lead sector throughout Georgia. The more fund- have been helped over the years.” the organization in the future.” ing we can raise, the more services we can The next generation of GLSP lawyers Rufolo attended Bar meetings including offer.” Rufolo wants to build capacity into will come from the many law students some local and voluntary bars which al- the GLSP delivery system, “but we can’t who choose a career in public interest law. lowed him to tell GLSP’s story. “We have a do that without additional funding. When “They don’t do it for the money. Clearly great story; we just don’t tell it enough.” He people hear the great work we’re doing, they do it because something has impacted sees any chance to meet with lawyers and funding follows.” The State Bar’s annual them in their lives, and they want to give talk to them about the work GLSP does as campaign provides an opportunity for all back to their communities.” l an opportunity to help the state’s attorneys Georgia lawyers to support GLSP, and Ru- understand the priorities of GLSP. folo hopes to work with law firms to garner Asked if the state would be better more financial support. Attorneys can also Ashley G. Stollar served with more offices around the state, work with GLSP on pro bono matters if Communications Coordinator Rufolo noted that the number of offices they want to be involved. State Bar of Georgia and employees ebbs and flows throughout In his years at UPS, Rufolo says, “I [email protected] the years, depending on budget and fund- only had one client. That client wasn’t

2019 AUGUST 49 GBJ | Feature

The Transition Into Law Practice Program (TILPP), the State Bar of Geor- What a Year! gia’s Mentoring Program, completed its 13th year of operation in June 2019. An The Transition Into estimated 13,148 beginning lawyers have enrolled since the program began in 2006, Law Practice Program of whom 937 are currently enrolled. The Supreme Court of Georgia has issued 52 orders appointing 4,944 mentors since Looks Back TILPP’s inception, of whom 1,125 have volunteered more than once.1 TILPP has made great strides in providing dynamic, engaging programs TILPP ended the 2018-19 Bar year by and mentoring experiences that have served to enrich not only new honoring those who assist the program lawyers, but the profession in its entirety. in its continued successful operation: BY MICHELLE E. WEST PHOTO BY SARAH I. COOLE (Left to right) Cara Mitchell received the 2019 John T. Marshall Model Mentor Award from TILPP Director Michelle E. West and 2018-19 President Ken Hodges at the State Bar’s Annual Meeting in June.

50 GEORGIA BAR JOURNAL PHOTO BY JODI LIPSITZ TILPP Mentors at the Mentoring of New Lawyers Symposium: Relationship Building in the 21st Century. TILPP salutes, honors and thanks its mentors, speakers and mentor lunch leaders. Please visit www.gabar.org/tilpp to see a list of our 2018-19 volunteers.

TILPP mentors, speakers and support- She added, “It was a pleasure working enrich the new lawyers’ journey as they ers. Cara Mitchell, partner, Whelchel with Cara, and I will forever be grateful transition into practice. In promoting Dunlap Jarrard & Walker LLP, was for her mentorship and the lifelong ef- the State Bar’s wellness initiative, TILPP honored as the recipient of TILPP’s 2019 fect it had on me. sought to address the topic of attorney Mentor of the Year Award. Mitchell re- Mitchell’s practice areas include cor- well-being, and in doing so, introduced ceived the John T. Marshall Model Men- porate law, corporate sales and acquisi- two new sessions during the Beginning tor Award at the State Bar of Georgia’s tions, tax law, health care regulation, Lawyers Program. The Money Matters Annual Meeting on June 7. This award and business and estate planning. She and panel was led by financial advisors Joy was created to commemorate TILPP’s her family live in southern Hall County Gorney, Niv Persaud and Moise Piram, 10th anniversary and to celebrate expe- where Mitchell proudly serves on the addressing consumer debt, student loans, rienced lawyers who, like its namesake, Board of Directors of the North Georgia saving and investing; and the Navigat- are so graciously giving of their time as Community Foundation. ing Sexual Harassment in the Work- they willingly teach from their experi- On Nov. 15, 2018, TILPP oriented and place panel featured employment lawyers ences. Mentees are given an opportunity celebrated its mentors at the Mentoring Eleanor Attwood, Josh Bosin, Raquel to nominate their mentor based on how of New Lawyers Symposium: Relation- Crump and Jay Rollins. These sessions their mentor’s service and commitment ship Building in the 21st Century. This complemented the recent past additions impacted them personally and the legal program is TILPP’s biennial mentor ori- ESQuasi: How Non-Traditional Legal Ca- profession as a whole. entation program. A group of 48 mentors reers Can Work for You, Marking Your In her nomination, Mitchell’s mentee, attended. There were presentations from Mark in a Transactional Practice and Alston E. Lyle, praised Mitchell for her Hon. Todd Ashley, judge, Fulton County Crime, Punishment and Implications. brilliance, willingness to share her knowl- Magistrate Court; Jimmonique R. S. Rod- As part of the ongoing effort to pro- edge and time, and her ability to uplift and gers, deputy director, Georgia Public De- vide relevant and meaningful informa- encourage others. Lyle said, “Cara is a fenders Council; Natalie Kelly, director, tion to new lawyers, TILPP made addi- wonderful example of how being great at State Bar of Georgia Law Practice Man- tions to its Group Mentoring seminars your job is an accomplishment, but being agement Program; Hon. Shawn E. LaGrua, with the introduction of TILPP|TEN kind and genuine with those around you judge, Fulton County Superior Court; and and TILPP|TWENTY segments, which makes you exceptional. All in all, while Michelle E. West, TILPP director. highlight State Bar programs and com- Cara is an exceptional attorney to her cli- In addition to TILPP’s work in en- mittees. Recently featured committees ents, she is an even better attorney and hancing the mentor experience, TILPP included the Lawyer Assistance Com- colleague to her peers.” continued its first year programming to mittee with a presentation by Lynn Gar-

2019 AUGUST 51 (Left to right) Karyl Davis, Valentia Alleyne, Michelle E. West, Jodi Lewis Lipsitz, Mary “Scout” Badham, LaJuana Fells, Tiffany Weatherholtz and Adrienne Nash attend

Mentoring Moments at the Fox. THEATRE BY THE FOX PHOTO PROVIDED son of Baker Hostetler on the Georgia luncheon. Fifty-seven mentors partici- Kellyn McGee as its new director on Aug. Lawyers Helping Lawyers Program and pated in the luncheon, including 42 in 19. After more than five and a half years the Wellness Committee with a presen- Atlanta, seven in Savannah and eight of leading the program, I can say that tation by R. Javoyne Hicks, DeKalb State in Tifton. TILPP has made great strides in provid- and Magistrate Courts. At its first Group Mentoring seminar ing dynamic, engaging programs and As a means to foster dynamic en- of the calendar year on March 12, TILPP mentoring experiences that have served gagement, TILPP increased its mentor- introduced a TILPP|TALKS lunch to to enrich not only new lawyers, but the ing lunch opportunities to enhance its garner live feedback about the program profession in its entirety. TILPP will re- program offerings. The Aug. 21, 2018, from the attendees. main vibrant through the many support- Group Mentoring Seminar featured a Another noteworthy change was to ers that have and will continue to breathe luncheon with local bar presidents and TILPP’s Mentoring Plan with the inclu- life into its vision: to afford Beginning other officers. The luncheon was cre- sion of well-being as it relates to emotion- Lawyers with meaningful access to ex- ated to provide a convenient forum for al and financial intelligence. Additionally, perienced lawyers equipped to teach the new lawyers to discover the benefits with the assistance of several state and practical skills, seasoned judgment and of the various organizations and how federal judges, TILPP initiated a Judicial sensitivity to ethical and professionalism to become involved. TILPP was joined Law Clerk Mentoring Plan. values necessary to practice law in a highly by the Atlanta Bar Association, DeKalb TILPP rounded out its year by launch- competent manner. Bar Association, DeKalb Lawyers As- ing Mentoring Moments. Mentoring As I transition to my new role as the sociation, Georgia Association of Black Moments provide an informal opportu- director of the Institute of Continuing Le- Women Attorneys, Georgia Asian Pa- nity for both new and experienced at- gal Education of the State Bar of Georgia, cific American Bar Association, Georgia torneys to develop relationships centered I look forward to continued work in life- Association for Women Lawyers, Geor- around common interests. Participating long learning and collaborating with all gia Diversity Program, South Asian Bar in Mentoring Moments is voluntary and who are committed to the advancement Association, Stonewall Bar Association does not satisfy any TILPP mentoring or of legal education. “[As] change is the end and the Young Lawyers Division (YLD) continuing legal education requirement. result of all true learning.”—Leo Buscaglia of the State Bar of Georgia. The gatherings provide supplemental op- On Feb. 26, TILPP continued its ef- portunities for additional mentoring, net- forts by co-sponsoring, with the YLD, a working and relationship building. The Michelle E. West mentoring lunch at the Beginning Law- inaugural event, a viewing of “To Kill A Director, Institute of Continuing yers Program. The Beginning Lawyers Mockingbird” at the Fox Theater on July Legal Education State Bar of Georgia Program mentoring lunch afforded new 14, included a pre-show mentoring meal attorneys at the State Bar offices in At- at the Marquee Club. [email protected] lanta, Savannah and Tifton additional Whew . . . what a year! It has been opportunities to network with the pro- quite amazing, and I am confident the gram speakers and experienced lawyers program will continue on this progres- Endnote who volunteered to mentor during the sive trajectory. TILPP will welcome 1. As of June 30, 2019.

52 GEORGIA BAR JOURNAL 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.

The program is seeking not only peer volunteers who have experienced particular mental health or substance use u 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 GBJ | Feature

On June 7 at the Annual Meeting in Orlando, Florida, a room overflowing Dynamic Social Justice with participants experienced living history in action at the Social Justice Advocacy in Action: Finding Your Passion Advocacy CLE Presented CLE as attorney Howard E. Moore Jr. and Hon. Glenda Hatchett shared war stories at Annual Meeting gleaned from a tapestry of careers steeped in social justice. The Georgia Association of Black Women Attorneys partnered with the Moore, an 87-year-old civil rights Gate City Bar Association, DeKalb Lawyers Association, Georgia Alliance of lawyer, currently practices in Berkeley, African American Attorneys, Advocacy for Action, The Arc of Justice Institute, California, and set the stage for a spir- Inc., and the State Bar of Georgia Committee to Promote Inclusion in the ited discussion of social justice in action. Profession to present this well-attended CLE. Licensed in Georgia in 1962, Moore was BY JACQUELINE F. BUNN AND AVARITA L. HANSON one of only 10 African-American attorneys in the entire state when admitted PHOTO COURTESY OF GABWA PHOTO COURTESY

(Left to right) Yolanda K. Johnson, Derrick A. Pope, Hon. Glenda Hatchett, Howard E. Moore Jr., Jacqueline F. Bunn, Avarita L. Hanson, Tiffany Williams Roberts, Lisa Cupid and Donald P. Edwards.

54 GEORGIA BAR JOURNAL to the Bar. Attendees were awed by his after a “routine” Cesarean section. “We Bar of Georgia Committee to Promote recall of historic cases, legal skills, ethics, must be clear about our responsibilities Inclusion in the Profession. professionalism, grace and wit. and why we do what we do. . . . If we Special thanks to the sponsors of this Moore originally planned to be a jour- don’t claim the people who need to be CLE: Gate City Bar Association; Georgia nalist; however, his plans changed upon claimed, then we have to question what Association of Black Women Attorneys; hearing future Supreme Court Justice we are doing.” The Davis Bozeman Law Firm; ICLE of Thurgood Marshall speak at an NAACP The final segment of the CLE, A Panel Georgia; State Bar of Georgia; Committee meeting one evening. Moore said, “I Discussion on Today’s Opportunities to Promote Inclusion in the Profession; don’t remember what he said that night, for Social Justice Advocacy and Actions, N. John Bey, Bey & Associates LLC; Don- but I liked the way he said it.” Marshall moderated by Tiffany Williams Roberts, ald P. Edwards, Edwards & Hawkins LLP; inspired him to attend law school. After attorney and Community Engagement Tricia “CK” Hoffler, Hoffler Law Firm; graduating from Morehouse College, and Movement Building Counsel, South- Charles S. Johnson III; Joyce Gist Lewis; finishing law school at Boston University ern Center for Human Rights, highlighted Krevolin & Horst LLC; Michael Tyler, and then serving as a clerk to a federal the social justice involvement of younger Kilpatrick Townsend LLP; W. Ray Per- judge, Moore struggled with the reality attorney advocates. Lisa Cupid, attorney sons, King & Spalding LLP; Richard H. of returning to the segregated South to and Cobb County Commissioner; Yolanda Sinkfield, Rogers & Hardin LLP; P. An- practice. Despite his comfort in Massa- K. Johnson, director, Court and Family drew Patterson Jr., Smith Gambrell & chusetts, when civil rights icon Donald Services, Fulton County Juvenile Court; Russell LLP; Antonio L. Thomas, Anto- L. Hollowell called him to join his firm in and Derrick Alexander Pope, attorney nio L. Thomas Associates; and Jeffrey E. Atlanta, he answered the call. and managing director, The Arc of Justice Tompkins, Thomas Kennedy Sampson & Moore’s advice to young lawyers: Institute, Inc., each had unique experi- Tompkins LLP. “Never excuse your failure in the court be- ences that propelled their involvement One of the earliest references to “social cause the judge is racist or discriminatory in social justice arenas. Cupid discussed justice” is found in The Federalist Papers, . . . . We must continuously be students at length concerns she raised related to No. 7, p. 48, written by Alexander Ham- of the law . . . not just the Black Letter her treatment during a Cobb County traf- ilton. Hamilton, James Madison and John law—but the social history that creates fic stop. Johnson served on the Atlanta Jay created The Federalist Papers to pro- it.” Moore’s discussion was moderated by school board during the cheating scandal mote ratification of the U.S. Constitution. Donald P. Edwards, Edwards & Hawkins and fought for accountability and justice. GABWA is committed to continuing to LLC, and a silent co-chair of the CLE. Pope’s passion project was borne out of provide social justice topic CLEs into the The conversation with Hatchett, mod- what he saw as a lack of serious explora- future, and we welcome your input. l erated by Avarita L. Hanson, addressed tion of the impact of lawyers on the his- what motivated Hatchett to leave a lucra- tory of civil rights at museums on the sub- tive career as Delta Airlines’ senior at- ject. Pope said, “We have to remind people Jacqueline F. Bunn is a torney to become a juvenile court judge. of the heroic and vital contributions law- member of the Georgia While Hatchett loved her corporate job yers have made to social justice. . . . I am State Board of Pardons and at Delta, she knew that the role she could passionate about preserving the record.” Paroles and a past president of the Georgia play at the juvenile court in the lives of at Since 1984, the Georgia Association of Association of Black Women risk children was her true passion. Black Women Attorneys (GABWA) has Attorneys. She can be reached at Hatchett has pursued a career with sponsored a CLE at the State Bar’s Annual [email protected]. causes that have taken her from her Meeting. Over the years, partners have own television series to establishing joined the effort to bring impactful CLE Avarita L. Hanson, former a national law firm that represented topics that stimulate discussion, provide executive director of the Philando Castile’s family and addressed dynamic speakers and inspire action. This Chief Justice’s Commission police brutality, all the way to the halls year’s partners included the Gate City Bar on Professionalism, is a of Congress to discuss medical inequi- Association, DeKalb Lawyers Associa- past president of the Georgia Association of Black Women ties related to childbirth for women of tion, Georgia Alliance of African Ameri- Attorneys and the Gate City Bar color, a topic that became her passion can Attorneys, Advocacy for Action, The Association. She can be reached at when she tragically lost her daughter Arc of Justice Institute, Inc., and the State [email protected].

2019 AUGUST 55 GBJ | Feature

Supreme Court of Georgia Term Clerk Program

Law students and recent law school graduates bring energy to the Supreme Court of Georgia with its new Term Clerk Program. BY ASHLEY G. STOLLAR

In 2018, the Supreme Court of Georgia asked the General Assembly for funds to hire additional clerks to help with an increase in the caseload and growing complexity of cases. The state funded them but in a unique way. Rather than provide funds for traditional clerks, the governor’s office suggested a term clerk program similar to what the federal judiciary uses: clerks who work for a term of one to two years to gain experience just out of law school. The Court looked at how the U.S. Court of Appeals for the Eleventh Circuit, in particular, hires its term clerks. After the funding was made available, the Court reached out to the state’s law schools to encourage their top law students to apply for the positions. Hiring began prior to the July 1, 2018, start date. Chief Justice Harold D. Melton said of the program, “It gives recent law school graduates a quality, high-end experience which, in the long run, gives them more opportunities. The experience widens the talent pool for judicial experience as well.” While the program was in the planning stages, the Court reached out to each of the state’s law schools in order to gauge their interest in helping to funnel PHOTO BY ASHLEY G. STOLLAR students to the new program. The law Judicial Building, home of the Supreme Court of Georgia.

56 GEORGIA BAR JOURNAL When asked how the first round of term clerks fit in at the Supreme Court, Melton said, “There’s a learning curve, but once they were up- to-speed with the procedures of the Supreme Court, there’s really no distinction between the term clerks and the full-time clerks.” schools were enthusiastic in participat- justices are some of the most actively in- be exceptional writers—and writing has ing, to say the least. volved in the Bar and community lead- become that critical to law practice today. University of Georgia School of Law ership. Once these students or recent So, additional high-level clerking experi- Dean Peter B. Rutledge said, “We place graduates are members of the Bar, they ences for our graduates at the Supreme great importance on clerkships and train- may appear before the court as advocates, Court of Georgia is only going to enhance ing students for the same, as part of our and they almost certainly will cross paths the long-term employment opportunities mission to provide first-rate legal training with the justices through local and State for our graduates.” in service to state and society.” Bar activities.” As for how the Supreme When asked how the first round of Associate Director of Career Devel- Court benefits from these clerks, “Recent term clerks fit in at the Supreme Court, opment and Judicial Clerkship Laura E. graduates complement the staff attor- Melton said, “There’s a learning curve, Woodson, University of Georgia School neys (career clerks) by bringing a fresh but once they are up-to-speed with the of Law, said of working with the Supreme perspective to the court,” Sheffey said. procedures of the Supreme Court, there’s Court, “We considered this a great oppor- “The practice of law is changing more and really no distinction between the term tunity for our students, especially for those more rapidly every day and law schools clerks and the full-time clerks. The energy who plan to stay in Georgia to practice.” educate students not only on the substan- they bring to the Court is a plus.” Woodson sees benefits to both grad- tive law, but also on emerging areas of the Term clerk responsibilities include uating law students and the Supreme law. In addition, recent graduates have a legal research; drafting opinions, mem- Court. “These clerkships provide recent unique perspective on culture and society oranda on applications to appeal, and graduates with the opportunity to hone and are definitely equipped with effective summaries of records and briefs; re- their legal analysis, research and writing use of the latest research and technology.” viewing opinions and memoranda pre- skills under the mentorship of the state’s Woodson noted how valuable the pared and circulated by justices and the highest court,” she said, while also making term clerk program is for law students Court’s central staff; and supervising connections with state government offi- that will practice in Georgia. “Investing law student interns. cials and attorneys that appear before the in the next generation of lawyers can only Minimum requirements for the term court. “We expect such connections may benefit the entire bar and raise the level of clerk position include an outstanding lead to post-clerkship jobs and opportuni- advocacy and skills within the State Bar.” academic performance in law school and ties that will benefit these young lawyers Nirej Sekhon, Associate Professor of undergraduate studies, proficiency in throughout their careers.” Law and co-chair of the Clerkship Com- writing and legal analysis, and personal Assistant Dean for Public Service mittee at Georgia State University Col- integrity and character. Rita Sheffey, Emory University School lege of Law, reported that students who Each justice hires his or her own term of Law, is responsible for judicial clerk- apply for term clerkships from Georgia clerk for a one-year term, which can be ships. When asked how Emory deter- State are in the top 10 percent of their extended to a second year. The yearly sal- mines what candidates would be a good class. Sekhon sees the benefits to the ary for term clerks was $85,737 during fit for the term clerk program of the Su- program in two dimensions: “First, they fiscal year 2019 and is $87,452 for fiscal preme Court, Sheffey said, “I talk with engage with the law deeply through re- year 2020. The clerkships are open to them about what a state supreme court search and writing at the highest level of law students and recent graduates from clerkship would be like compared to the profession and, second, they have an all law schools. Term clerk opportunities other opportunities. Students who have opportunity to be mentored by a Supreme can be found on the Supreme Court of done internships or externships with the Court justice. The program benefits the Georgia’s website, www.gasupreme.us/ Supreme Court are strong candidates be- Bar, the student and the Supreme Court.” employment-opportunities. l cause they would already be familiar to On how the program will benefit grad- some of the justices and have an idea of uates, Dean Cathy Cox of Mercer Univer- what the clerkship would entail.” sity Walter F. George School of Law said, Ashley G. Stollar Sheffey called the term clerk program “I’ve had some of Georgia’s best trial law- Communications Coordinator an “opportunity to work with and learn yers tell me they make it a practice to hire State Bar of Georgia from the dedicated professionals who are lawyers who have had federal clerking [email protected] engaged in lifelong public service. The experience because they know they will

2019 AUGUST 57 GBJ | Feature

Serving Those Who Served: An Interview with Marshall-Tuttle Awardee Norman E. Zoller

In recognition of his extensive career in public service, we decided to ask 2019 Marshall-Tuttle Awardee Norman E. Zoller not only about his background, but his perspectives on the need for military-focused legal services. BY CHRISTOPHER PITTS

Every year, the Military Legal Assis- tance Program (MLAP) Committee recognizes an attorney for his or her efforts in providing legal services to deserving active duty service members and veterans. The award is named in honor of Andrew Mar- shall and U.S. Circuit Judge Elbert Parr Tut- tle. Marshall, an Army corporal, was killed in action in Iraq in 2008. Tuttle, an Atlanta attorney who served in the Army during the First and Second World Wars and retired as a brigadier general, founded the firm Sutherland, Tuttle & Brennan (today Sutherland Asbill & Brennan), and served as a federal appellate judge for 43 years. Tuttle was remembered, among other reasons, for providing pro bono representation to a young marine, John Johnson, which led to the historical holding of Johnson v. Zerbst that counsel must be provided for all defendants in federal criminal trials who cannot afford to hire their own attorneys.

(Left to right) Military Legal Assistance Program Chair Jay Elmore and 2018-19 President Ken Hodges present Norman E. Zoller with the Marshall-Tuttle Award.

PHOTO BY SARAH I. COOLE

58 GEORGIA BAR JOURNAL This year, the MLAP Committee was two State Bar-sponsored CLE programs Pro Bono Resource Center for Georgia proud to recognize Norman Eugene to Belgium and France, one in 2014 that Legal Services Program. Individually, all Zoller. A native of Cincinnati, Ohio, commemorated the 70th anniversary of were very accomplished and respected, Zoller served almost seven years in the the D-Day landings at Normandy and and it seemed like, and proved to be, a Army on active duty as a field artillery the other, in 2017, that commemorated good team to join. I later learned that the officer. His service included two tours the 100th anniversary of America’s entry idea and concept for such a program origi- of duty in Vietnam, first with the Army into World War I. nated between Jeff and his law partner and Special Forces in 1964–65 and again in Zoller also frequently spoke in support Navy veteran, Jay Elmore, who had been 1968–69 with the 82nd Airborne division of the establishment of veterans’ treat- on a Defense Department liaison mission as a response to the Tet Offensive. ment courts across Georgia, was active in in 2007 to the Middle East. Zoller earned his law degree from producing material to be used by judges Northern Kentucky University’s Chase who deal with military-specific issues, From your time as coordinating attorney of College of Law. As a lawyer, Zoller man- and helped in the formation and perpetu- MLAP, what were some of the main legal is- aged the Hamilton County, Ohio, courts ation of veterans’ legal clinics at VA hos- sues you saw facing service members and how for a decade before accepting a position pitals and at three law schools in Georgia. did these issues affect their ability to serve? in the then-newly formed U.S. Court of In recognition of his extensive career With respect to specific legal issues, Appeals for the Eleventh Circuit from in public service, we decided to ask Zoller the demand for assistance in family law 1981 to 1983 and began service immedi- not only about his background, but his matters has represented about half the ately thereafter as circuit executive of the perspectives on the need for military- total requests. And half the family law Eleventh Circuit until he retired in 2008. focused legal services. matters pertained to divorce. It is a sad During his career, Zoller also served but true reality that military service and as a judge advocate general officer in the What were some of your motivations for multiple deployments abroad are dif- National Guard and Army Reserves for accepting the position as the first coor- ficult on families, spouses and espe- 15 years. He retired in 1993 as a lieu- dinating attorney of the Military Legal cially on children. There have also been tenant colonel after 22 total years of Assistance Program ? many cases pertaining to landlord ten- military service. I had previously worked on several ad- ant, consumer law, employment law and In 2009, Zoller became the coordinating ministrative matters with the late Jeff VA benefit matters. attorney of the Military Legal Assistance Bramlett during my tenure at the Elev- Program. In that position, he recruited and enth Circuit Court of Appeals. Shortly af- Why do you believe service members or maintained a cadre of more than 700 vol- ter he completed his term as president of veterans often find themselves with legal unteer attorneys who agreed to represent the State Bar, I learned about the recently problems that they cannot afford to resolve? in-need service members and veterans on approved MLAP program. I had just Military service members do not earn a a pro bono or reduced fee basis. From 2009 completed my responsibilities with the great deal of money, and budgetary de- to 2018, he was responsible for placing Eleventh Circuit, and helping to imple- mands on normal family life are as sig- more than 2,200 eligible service members ment this program seemed like a logical nificant for them as they are for the rest or veterans with volunteer attorneys. next step in my career as I had also re- of us. Thus, when an unexpected le- Additionally, Zoller publicized and tired from military service that included gal problem arises, family budgets may wrote articles about MLAP; helped 15 years as an Army lawyer. be stretched beyond individual capaci- conduct continuing legal education I subsequently met with Buck Ruf- ties. Although many categories of cases programs on pertinent legal issues for fin, who at the time was chair of the can be fairly easily resolved and do not lawyers seeking initial or renewed VA MLAP Committee (and who later be- consume extensive lawyer time, some are accreditation; hosted a 15-state educa- came State Bar president), the late Cliff more time-consuming, especially when tional symposium in Atlanta concerning Brashier, then-State Bar executive direc- court appearances are necessary. Based on veterans’ legal assistance issues; and led tor, and Mike Monahan, director of the a lawyer’s availability, however, he may be

2019 AUGUST 59 able to take a case on a purely pro bono or And so MLAP members and their programs which already are doing this on a reduced fee basis. And so a program guests have made such personal journeys. work: at VA facilities in Augusta, Deca- like MLAP is valuable because lawyers are In addition, CLE opportunities were also tur, Carrollton, Columbus, Fort McPher- recruited to volunteer and provide their provided during those trips, especially re- son and Rome (principal contact is Cary time to help this especially worthy cat- lating to elements of international prac- King, 404-920-4490); at Georgia law egory of client, namely service members tice and mediation/arbitration, which schools: Emory University (404-727- and veterans. may prove useful even for attorneys 1044), the University of Georgia (Alex whose practices and clientele are princi- Scherr, 706-542-6510); Georgia State You have been involved in helping edu- pally based in the United States University (Patricia Shewmaker, 770- cate lawyers, judges and the public about 939-1939); and MLAP Director Christo- legal issues facing service members and You also coordinated a national, educational pher Pitts, 404-527-8765. veterans. Why is this type of education and symposium on state-level military legal advocacy important? assistance programs back in 2015. What What question did I not ask that you believe With the elimination of the draft in 1973, have been some benefits or fruits of that ought to be asked? Alternatively, what is first-hand knowledge of the military ex- effort to host such a symposium? something lawyers should know about the perience and the issues soldiers and sail- The national symposium held in Georgia experience of service members or veterans ors face has diminished. Now we have an in 2015 was useful in that it provided the that they may not understand? all-volunteer force in which close to 1.4 opportunity for attendees to learn from Most people don’t realize just how million people serve in the armed forces; one another about programs being of- large Georgia’s population of service that’s about 0.4 percent of the American fered in other states. Representatives members and veterans is: more than population. So, not many people appreci- from some states already had operational 100,000 active duty, reservists and ate or understand the military generally programs in varying degrees. Others who National Guard members and about and the problems military personnel may came to the symposium wanted to learn 690,000 veterans live here. That means face. MLAP strives to increase the legal what types of assistance might be possible roughly one person out of every 10 of community’s knowledge of ways individ- in order for them to offer and how pro- Georgia’s population of 9 million is ei- ual lawyers can assist service members and grams offered elsewhere might be tailored ther in the military now or used to be. veterans. For example, each year MLAP to their needs and resources. So informa- With Georgia’s 10 military installations, lawyers conduct a CLE program for Geor- tion was broadly shared. One significant the many ongoing deployments of the gia lawyers who want to assist veterans ob- aspect of this symposium was that Geor- service members who live here, and an tain the VA benefits they may be entitled gia attorney, Linda Klein, who was about aging population of veterans, the need to. This CLE program satisfies the VA re- to become president of the American Bar for legal help for this special category of quirement for accreditation. Comparable Association, shared part of her forthcom- our citizens is not going away. I hope instruction has also been given by MLAP ing plans that encouraged development that our Georgia lawyers will continue lawyers to Georgia judges as part of their of programs to assist veterans and their to find ways to allocate a portion of their periodic training programs. families. The program she initiated is work year, every year, to assist with ongoing and expanding because the need this need. While the need is great, so is You have coordinated continuing legal remains significant. the satisfaction. education trips to Belgium and France to As with other circumstances, when commemorate significant events in past Many attorneys find it difficult to balance lawyers do something to help others, it military conflicts. What are some of the the demands of their clients and their pays back many times over. In a bibli- advantages in lawyers visiting these loca- personal lives. What are some easy ways in cal reference, we learn that when you save tions while fulfilling their CLE obligations? which attorneys can volunteer time to help the life of one person, it is as though you It can be a powerful personal experience service members and veterans? have saved the life of the entire world. l to visit military battlefields and cemeter- Attorneys are always going to be ies. While we in America have memorial pressed to balance their time: time is sites for important Revolutionary War our most important stock in trade. In Christopher Pitts and Civil War battle sites, our nation Georgia, lawyers are asked to provide Director was blessed in not having battles of the 50 hours of pro bono legal support an- Military Legal Assistance Program State Bar of Georgia First and the Second World Wars fought nually, but it is not mandated, as in some [email protected] on our shores. However, there is value in states. In Georgia, it is aspirational. paying tribute to those Americans who One easy way to do this is to contact fought and sacrificed abroad on our behalf. legal assistance coordinators at existing

60 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.

Mr. Samuel Smith is a 68-year-old Vietnam veteran living alone in his apartment. He contacted the Georgia Legal Services Program (GLSP) to seek assistance with an eviction court action filed against him by his landlord. Mr. Smith was receiving hospice services for cancer with a limited time to live. His landlord filed an eviction stating that Mr. Smith keeps allowing residents in his neighborhood to wash clothes. Mr. Smith said that he permitted one couple who help him use his dryer, not the washing machine. The parties did not have a written lease, so under Georgia law the landlord was required to provide Mr. Smith 60 days notice before filing the court action. A GLSP attorney filed an answer and counterclaim for repairs, intentional infliction of emotional distress, attorney’s fees, and stubborn litigation. The counterclaim was denied, but the complaint was dismissed for failure to provide the 60 days notice. Mr. Smith was able to live out his last days in his home.

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! TO PLACE AN ANNOUNCEMENT Bench Contact Amber Rikard | [email protected] | 404-527-8736 &Bar

Kudos Boyd Collar Nolen Tuggle & Roddenbery an- Drew Eckl & Farnham, LLP, announced that nounced that shareholder Tina Roddenbery was partner John P. “Jack” Reale served as presenter named president of the Georgia chapter of the for Champ Bailey, retired NFL Denver Broncos American Academy of Matrimonial Lawyers defensive back, at Bailey’s induction into the Pro (AAML). AAML serves to provide leadership Football Hall of Fame in August. Reale has served that promotes the highest degree of profession- as Bailey’s attorney for the past 20 years, prac- alism and excellence in the practice of family law. ticed law for 43 years and represented numerous professional football players in the negotiation and drafting of playing con- Carlton Fields announced that shareholder Gail tacts and commercial endorsements. Podolsky received the 2019 Volunteer Leader- ship Award from the American Civil Liberties Adams and Reese announced that the firm was named an of- Union of Georgia. Podolsky was recognized for ficial honoree in the Law Websites category in the 23rd Annual her pro bono contributions at the organization’s Webby Awards in April. The Webby Awards are presented annual membership meeting in May. by the International Academy of Digital Arts and Sciences, a leading international awards organization honoring excellence The Georgia Public Defender Council announced on the Internet. the appointment of Jennifer L. “Jen” Lewis as the circuit public defender of the Flint Judicial Fisher & Phillips LLP announced the election of Circuit. A public defender for the past 12 years, Christine E. Howard to a three-year term on the Lewis has served in the Flint Circuit for 10 years firm’s management committee. Howard is the and as chief assistant from 2018-19. first woman to serve on the three-member management committee, the equivalent of the board Bouhan Falligant LLP announced that partner of directors for the 34-office, more than 400- J. Daniel Falligant was recognized as a member of lawyer firm. She has been with Fisher Phillips since 1990 and the “Top One Percent” of attorneys in the Unit- is the regional managing partner of the firm’s Tampa office. ed States by the National Association of Distin- guished Counsel (NADC), an organization that Georgia Defense Lawyers Asso- promotes high standards of legal excellence. The ciation (GDLA) announced the award is given to attorneys who have demonstrated the highest installation of David N. Nelson, ideals of the legal profession, according to the NADC. Chambless, Higdon, Richardson, Katz & Griggs LLP, Macon, as

Davis Bozeman Law Firm, PC, announced that NELSON WARD president during its 52nd Annual attorney Mawuli Davis received the Ben F. John- Meeting in June. Other officers son Jr. Public Service Award, which is presented elected include President-Elect Jef- annually to a living Georgia attorney whose frey S. Ward, Drew Eckl & Farn- overall accomplishments reflect the tradition of ham LLP, Brunswick; Treasurer public service exemplified by Ben F. Johnson, the George R. Hall, Hull Barrett, PC, founding dean of Georgia State College of Law. It is the highest Augusta; and Secretary James D. award extended by Georgia State College of Law. HALL MEADOWS “Dart” Meadows, Balch & Bing- ham LLP, Atlanta. Past President Taylor English Duma LLP announced that partner Steven J. Kyle, Bovis Kyle Burch Eric Fisher received the 2019 Daniel R. Ginsberg & Medlin, LLC, Atlanta, was hon- Leadership Award by the Anti-Defamation League. ored with the GDLA Distinguished This award honors outstanding young profession- Service Award. Karen K. Karabi-

als for their leadership in the fight against anti- KYLE KARABINOS nos, Drew Eckl & Farnham LLP, Semitism, racism and all forms of prejudice. Atlanta, received the GDLA Presi- dent’s Award for her visionary leadership in creating and chairing the GDLA Women Litigators Section. GDLA is committed

62 GEORGIA BAR JOURNAL to advancing the civil defense bar by providing training and resources, facilitating communication and offering networking to more than 950 members. 16th Annual The Fulton Law Week Committee 2019, chaired by Fulton County Superior Court Judge Gail S. Tusan, announced that Commitment to five high school students received the annual “Future Leaders of America” scholarship in May: Nichelle Haley, The Lovett Equality Awards School, Ortho Sport & Spine Scholarship; Camila Del Bosque, Holy Spirit Preparatory School, Montlick and Associates Schol- arship; Seth Cullen, Grady High School, Comprehensive Spine & Pain Scholarship; Alan Goldsmith, North Springs Charter High School, Roy Barnes/Parag Shah Scholarship; and Chandler Mc- Cleskey, Riverwood International Charter High School, Malone Law Scholarship. The scholarships covered the recipients’ round trip airfare, tuition, room and board, and local transportation to attend the Washington Workshops’ Congressional Seminar to study national politics and government over the summer.

(Left to right) Shaton C. Menzie (co-chair), Melford W. Walker Jr., On the Move Pamela Peynado Stewart, Jamala S. McFadden, Joshua I. Bosin (program chair), Phyllis J. Holmen, Ana María Martinez, IN ATLANTA Gwendolyn Fortson Waring, Anthony Baldwin, Hon. Kimberly M. Boyd Collar Nolen Tuggle & Rod- Esmond Adams and Jana J. Edmondson-Cooper (co-chair). denbery announced the addition of Caitlyn Kerr and Megan Pownall Wyss as associates. Kerr focuses her The Committee to Promote Inclusion in the Profession pre- practice on family law matters, in- sented the 2019 Annual Commitment to Equality Awards at a special ceremony in May at Georgia State University KERR WYSS cluding high net worth divorce and child custody issues, modifications College of Law. and contempt issues. Wyss focuses her practice on family law The Randolph W. Thrower Lifetime Achievement Award, matters, including high-asset divorce, annulment, contested child which recognizes an outstanding individual who has dedi- custody and modification of child support. The firm is located at cated his or her career to these causes, to Phyllis J. Holmen, 3330 Cumberland Blvd., 100 City View, Suite 999, Atlanta, GA former executive director, Georgia Legal Services Program. 30339; 770-766-4015; Fax 770-953-4700; www.bcntrlaw.com. Commitment to Equality Awards were presented to: Hon. Kimberly M. Esmond Adams, judge, Fulton County Superior Stites & Harbison, PLLC, announced that Wil- Court; Anthony Baldwin, professor of law, Mercer University liam M. “Bill” Joseph joined the firm as a partner. Walter F. George School of Law; Ana María Martinez, staff at- Joseph focuses his practice on transactional tax torney, DeKalb County State Court; Jamala S. McFadden, at- matters, counseling clients on domestic and in- torney/partner, McFadden Davis, LLC; Melford W. Walker Jr., ternational corporate mergers and acquisitions, vice president and senior counsel, Wells Fargo & Company; partnerships and joint ventures. The firm is lo- and Gwendolyn Fortson Waring, attorney, Waring Law Firm. cated at 303 Peachtree St. NE, Suite 2800, Atlanta, GA 30308; The awards recognize the efforts of individuals, companies 404-739-8800; Fax 404-739-8870; www.stites.com. and legal employers who are committed to providing opportunities that foster a more diverse legal profession for JAMS Mediation, Arbitration and ADR Services members of underrepresented groups in the state of Geor- announced the addition of Hon. Gail S. Tusan to gia. They are presented to lawyers who not only personally its panel. Tusan will serve as an arbitrator, me- excel in their own practice but who have demonstrated a diator and special master in a variety of practice commitment to promoting diversity in the legal profession. areas, including business/commercial, construc- The committee also presented the inaugural One to tion, employment, family law, insurance, medi- Watch Award, which recognizes the efforts of young law- cal malpractice, personal injury, products liability and premises yers to promote diversity in the profession, to Pamela Pey- liability. The organization is located at 1 Atlantic Center, 1201 nado Stewart, attorney/partner, Lee & Peynado Immigra- W. Peachtree St. NW, Atlanta, GA 30309; 404-588-0900; Fax tion Law Group. l 404-588-0905; www.jamsadr.com.

2019 AUGUST 63 Baker, Donelson, Bearman, Freeman Mathis & Gary, LLP, announced that Caldwell & Berkowitz, PC, an- Bert Reeves joined the firm as of counsel. Reeves nounced the addition of Suneel focuses his practice on business litigation and reg- C. “Neel” Gupta as shareholder ulatory and compliance matters. The firm is lo- and Susan A. Russell as of coun- cated at 100 Galleria Parkway, Suite 1600, Atlanta,

GUPTA RUSSELL sel. Gupta focuses his practice on GA 30339; 770-818-0000; www.fmglaw.com. transportation litigation, including various types of liability defense and litigation. Russell focuses Wilson Elser Moskowitz Edelman & Dicker LLP announced her practice on intellectual property and trademark, copyright the relocation of its Atlanta office. The firm is now located at and trade secret transactions, prosecution, enforcement and 3348 Peachtree Road NE, Suite 1400, Atlanta, GA 30326; 470- litigation. The firm is located at Monarch Plaza, 3414 Peachtree 419-6650; Fax 470-419-6651; www.wilsonelser.com. Road NE, Suite 1600, Atlanta, GA 30326; 404-577-6000; Fax 404-221-6501; www.bakerdonelson.com. Squire Patton Boggs announced that M. Brandon Howard joined the firm as an associate. Howard Drew Eckl & Farnham LLP an- focuses his practice on litigation, insurance cov- nounced the addition of Lara erage and bad faith matters. The firm is located at Ortega Clark, Taylor T. Hanks, Jef- 1230 Peachtree St. NE, Atlanta, GA 30309; 678- frey F. Leasendale and Manning E. 272-3200; www.squirepattonboggs.com. Miller as attorneys. Clark focuses her practice on general liability. IN AUGUSTA CLARK HANKS Hanks’ practice focuses on com- Balch & Bingham LLP announced the opening of mercial transportation, construc- an office in August and the addition of Benjamin tion litigation and general liability. H. “Ben” Brewton as partner. Brewton focuses his Leasendale focuses his practice on practice on commercial dispute litigation, profes- general liability. Miller focuses his sional negligence, casualty claims and insurance practice on workers’ compensation. coverage. The firm is located at 801 Broad St., LEASENDALE MILLER The firm is located at 303 Peachtree Suite 800, Augusta, GA 30901; 404-261-6020; www.balch.com. St. NE, Suite 3500, Atlanta, GA 30308; 404-885-1400; Fax 404- 876-0992; www.deflaw.com. IN MACON Clark & Smith LLC announced the firm name Fox Rothschild LLP announced the addition of has changed to Clark, Smith & Sizemore LLC F. Beaumont “Beau” Howard as partner. Howard with the addition of Richard “Rick” Sizemore focuses his practice on labor and employment, as partner. Sizemore’s practice focuses on neg- employment class actions, privacy and data se- ligence and business litigation, including cata- curity, and unfair competition and trade secrets. strophic injuries, insurance subrogation, defec- The firm is located at 1180 W. Peachtree St. NW, tive products and medical negligence. The firm is located at Suite 2300, Atlanta, GA 30309; 404-962-1000; Fax 404-962- 150 College St., Macon, GA 31201; 478-254-5040; Fax 478- 1200; www.foxrothschild.com. 254-5041; www.clarksmithsizemore.com.

Akerman LLP announced its expansion into At- IN TUCKER lanta with the addition of corporate mergers and Palumbo Law, LLC, founder Jessica acquisitions partners R. William “Bill” Ide and Palumbo announced that Donato Pa- Amanda Leech. Ide focuses his practice on struc- lumbo joined the firm. Donato “Dan” turing mergers and acquisitions transactions, risk Palumbo focuses his practice on di- management reviews, corporate governance, spe- vorce, family law and DUI defense. IDE cial investigations, crisis management and ethics J. PALUMBO D. PALUMBO The firm is located at 2323 Brockett and strategic projects. Leech’s practice focuses on Road, Tucker, GA 30084; 678-365- general corporate counseling of both privately 3596; www.palumbolawga.com. held and public companies, including mergers, acquisitions, divestures, joint ventures and strategic alliances. The firm is located at 999 Peachtree St. LEECH NE, Suite 540, Atlanta, GA 30309; 404-733-9800; Fax 404-733-9898; www.akerman.com.

64 GEORGIA BAR JOURNAL (Left to right) Child Protection & Advocacy Section Executive Committee Members Ira Foster, Leslie Gresham and Laurie Thomas; Helen Hines; Section Chair Nicki Vaughan; State Bar General Counsel and Georgia Appleseed Board Member Paula Frederick; Section Treasurer Randee Waldman; 2018-19 State Bar President Ken Hodges; and 2018-19 State Bar Secretary Dawn Jones.

Child Protection & Advocacy Section Honored by Georgia Appleseed

The 535-member Child Protection & Advocacy Section In addition to the section’s award, Nicki Vaughan, one concluded its seventh year of operation this spring. The of the section’s founders and the chair since its incep- membership of the section represents the broad spection, was given a Good Apple Award for her leadership trum of lawyers who practice and judges who preside and dedication to the well-being of children in Georgia, in juvenile courts, as well as lawyers who are involved in including her role in establishing the Child Protection child advocacy outside the courtroom in school tribunals, & Advocacy Section. Among her lifetime achievements, IEP meetings and other venues throughout Georgia, help- she co-founded the Georgia Court-Appointed Special ing qualify children and families for available services. Advocate Program, as well as CHRIS 180, a recognized In April, the section was honored with a prestigious multi-faceted residential and community-based chil- Good Apple Award from the Georgia Appleseed Center dren’s treatment program. She is a past recipient of the for Law and Justice. The award was presented at Geor- Governor’s Volunteer Award and the Justice Robert Ben- gia Appleseed’s Annual Fundraiser for Justice, which ham Award for Community Service, and currently serves honors those who are “creating a more resilient Georgia,” on the State Bar’s, Executive Committee, Children and and specifically recognized the section’s “leadership in the Courts Committee and the Indigent Defense Com- all aspects of juvenile court advocacy and dedication mittee (chair), and the Chief Justice’s Commission on to the well-being of children” in Georgia. Many section Professionalism, where she is a member of the Access board members, as well as State Bar officers, were in at- to Justice Committee. l tendance, and Helen Hines, widow of Chief Justice Har- ris Hines, was present to acknowledge how Justice Hines supported the section’s formation and advocated for children during his tenure on the Supreme Court of Georgia.

2019 AUGUST 65 GBJ | Office of the General Counsel

Do I Have to Share My Doughnut?

BY PAULA FREDERICK

“I’m drafting the settlement state- Many times lawyers rely on quantum ment for the Johnson case,” your new meruit to claim payment for work that paralegal reports. ends before the contingency is realized. “Don’t forget she had another lawyer Opinion 487 confirms that Lawyer #2 for a few months before she hired us,” can ethically help the client determine the you respond. “We have to honor his lien, appropriateness of the amount claimed as so be sure to indicate his share on the quantum meruit. Where the client and settlement statement.” Lawyer #1 do not agree about the amount “Ms. Johnson had a one-third con- of the fee, the opinion suggests that suc- tingency fee agreement with Lawyer #1, cessor counsel may help negotiate a reso- same as with us,” your paralegal replies. lution. If the parties are not able to reach a “Once we subtract two-thirds for the law- resolution, successor counsel should hold yers and add up all her costs, she isn’t go- the disputed funds in escrow, in accor- ing to have anything left!” dance with Rule 1.15 (I). “I hate to break it to you, but both law- The opinion also dispels confusion yers don’t get a one-third contingency about the applicability of Rule 1.5 (e) on fee,” you respond. fee division between lawyers who are not “Why not?” your paralegal asks. “You in the same firm. Some jurisdictions have both have agreements to be paid one- found that lawyers must comply with third of the recovery, right?” Rule 1.5 (e) when handling successive “I like your logic, but that’s not how it representation. Among other things, the works,” you explain. “Since Lawyer #1 did rule requires joint responsibility for rep- not complete the case, he is not entitled resentation where the fee division is not to the entire contingency fee. We aren’t based on the proportionate work that the entitled to the entire fee either, because lawyers have done; it also allows the client we did not do 100 percent of the work.” to object to the share that each lawyer is “Well, that stinks!” your paralegal opines. to receive. The ABA opinion finds that What are a successor lawyer’s obliga- Rule 1.5 (e) only applies when lawyers tions to predecessor counsel when the undertake joint representation, and there case settles? is no requirement that lawyers handling a To answer that question, the American case in succession assume joint responsi- Bar Association recently issued Formal bility for the representation. Opinion 487, “Fee Division with Client’s Finally, the opinion is limited to situ- Prior Counsel.” The opinion discusses ations where the lawyer is not fired for the obligations of a lawyer who takes on cause, because in those cases Lawyer #1 representation after the client has parted may not be entitled to the whole fee. l ways with a previous lawyer. Generally, it points out that the second representation requires its own written contingency Paula Frederick fee agreement which should include a re- General Counsel minder to the client that she will likely State Bar of Georgia owe a portion of the fee to Lawyer #1. [email protected] GETTYIMAGES.COM/MEDIAPHOTOS

66 GEORGIA BAR JOURNAL GBJ | Attorney Discipline

Attorney Discipline Summaries

May 11, 2019 through July 12, 2019 BY JESSICA OGLESBY

Disbarment In 2013, a client retained Graham to Alexander Kahn Richard Scott Thompson represent him in connection with a car 3977 St. Clair Court 5500 Frederica Road, Suite 2213 accident, and she filed a lawsuit on the Atlanta, GA 30319 Saint Simons Island, GA 31522 client’s behalf in December 2013. How- On June 10, 2019, the Supreme Court On May 20, 2019, the Supreme Court ever, after the lawsuit was filed, Graham of Georgia disbarred Alexander E. Kahn of Georgia accepted the petition for vol- failed to respond to the client who at- (State Bar No. 405797) from the practice untary surrender of license of attorney tempted to contact her on numerous oc- of law. On Feb. 26, 2019, a Notice of Dis- Richard Scott Thompson (State Bar No. casions regarding the lawsuit. In August cipline for Kahn’s gross misconduct was 709338). In his petition, Thompson stated 2015, the defendants filed a motion to issued, and the State Bar personally served that on Feb. 15, 2019, he was convicted of dismiss the client’s case. Graham did not Kahn, but he failed to file a Notice of Re- two counts of aggravated stalking in vio- file a response, and the court dismissed jection. The facts, as deemed admitted by lation of O.C.G.A § 16-5-91. Thompson the client’s case due to Graham’s failure virtue of Kahn’s default, are as follows. admitted he violated Rule 8.4 (a) (2) of to appear at a hearing. The State Disci- In 2011, Kahn began providing legal the Georgia Rules of Professional Con- plinary Board found that Graham failed to and financial advice to a client. He formed duct, the maximum sanction for which perform work on the client’s behalf, aban- Troy Holdings, LLC, and encouraged the is disbarment. doned the legal matter the client entrust- client to invest money in the company. ed to her to the client’s detriment, failed Between 2012 and 2018, the client de- Johnnie Mae Graham to return the client’s file and failed to pro- livered more than $300,000 to Kahn for P.O. Box 2303 vide information requested by the State investment in Troy Holdings. Kahn mis- Albany, GA 31702-2303 Bar during the investigation of this dis- represented to the client that she owned On June 3, 2019, the Supreme Court of ciplinary matter. Graham violated Rules 75 percent of Troy Holdings and that her Georgia disbarred Johnnie Mae Graham 1.3, 1.4, 1.16 (d) and 3.2 of the Georgia investment was achieving a 10 percent (State Bar No. 304625) from the practice Rules of Professional Conduct. The maxi- rate of return. The client repeatedly asked of law. Graham failed to acknowledge ser- mum sanction for a violation of Rule 1.3 Kahn for a copy of Troy Holdings’ oper- vice of the Notice of Discipline mailed to is disbarment, while the maximum sanc- ating agreement, financial statements and her at the post office box address on file tion for a violation of Rules 1.3, 1.16 and investment records, but he failed to pro- with the State Bar’s Membership Depart- 3.2 is a public reprimand. In aggravation, vide the requested documents; she also ment. The State Bar then properly served the State Disciplinary Board found that asked for a return of her investment, but Graham by publication pursuant to Bar Graham had extensive experience in the Kahn failed to return any money. Addi- Rule 4-203.1 (b) (3) (ii), but she failed to practice of law, having been admitted to tionally, in Kahn’s representation of the file a Notice of Rejection. The facts, as the Bar in 1981, and that she has previ- client in tax matters, he represented that he deemed admitted by virtue of Graham’s ous disciplinary history, having received was preparing her tax returns but failed to default, are as follows. a Review Panel reprimand in 2013. provide her copies of the returns; he failed

2019 AUGUST 67 to provide documentation related to his Bar’s Membership Department, but the fessional Conduct. The maximum sanc- representation of the client in connection State Bar investigator executed an entry tion for a violation of Rules 1.2 and 1.3 is with a penalty assessed with regard to her of service non est inventus. The State Bar disbarment, and the maximum sanction 2013 taxes; and he failed to file her 2015 then properly served Annis by publication for a violation of Rules 1.4, 1.5 and 9.3 is return after he had prepared it and she had pursuant to Bar Rule 4-203.1 (b) (3)(ii), a public reprimand. signed it. Finally, although Kahn agreed to but she failed to file a Notice of Rejection. In aggravation, Annis acted dishon- prepare a will for the client, he failed to de- The facts, as deemed admitted by virtue of estly in collecting fees and abandoning liver it despite her repeated requests. Annis’s default, are as follows. her clients’ cases; failed to respond to Kahn willfully abandoned the le- In 2015, Annis agreed to represent the Notice of Investigation in this mat- gal matters entrusted to him; he failed a client in a Chapter 13 bankruptcy ac- ter (resulting in an interim suspension); to keep his client reasonably informed tion in the U.S. Bankruptcy Court for the violated multiple rules of professional about the status of her legal matters; and Northern District of Georgia. One of the conduct; and had substantial experience he collected unreasonable fees, since he client’s creditors filed a motion for re- in the practice of law, having been admit- did not do the work he was paid to do. lief from the stay, and the motion came ted to the State Bar in 2000. With regard to the business transactions, before the bankruptcy court on two oc- Kahn failed to disclose the terms of the casions. The client and counsel for the Clarence A. Sydnor IV transactions, failed to obtain the client’s creditor appeared at both hearings, but 100 Peachtree St. NW, Suite 2095 written consent to the essential terms of Annis did not. The bankruptcy court then Atlanta, GA 30303 the transactions and failed to advise her scheduled a hearing to consider whether On July 1, 2019, the Supreme Court of the desirability of seeking the advice Annis was in contempt of court, but An- of Georgia disbarred Clarence A. Sydnor of independent counsel. Kahn further nis failed to appear at that hearing as well. IV (State Bar No. 627173) from the prac- failed to hold the client’s funds separate Accordingly, the bankruptcy court found tice of law. After efforts to serve Sydnor from his own, failed to deliver her funds that Annis had abandoned her client and personally with the Notice of Discipline to her and failed to render a full account- barred Annis from further practice in the proved unsuccessful, the State Bar prop- ing when she requested one. Finally, bankruptcy court until she addressed her erly served Sydnor by publication pursu- Kahn failed to submit a sworn, written failure to appear at the hearing as ordered ant to Bar Rule 4-203.1 (b) (3) (ii). Sydnor response to the Notice of Investigation. in the client’s case. failed to file a Notice of Rejection. The The client obtained a judgment against In 2016, Annis agreed to represent an- facts, as deemed admitted by virtue of him, but he failed to appear at post judg- other client in a Chapter 13 bankruptcy Sydnor’s default, are as follows. ment discovery depositions. action in the Northern District of Georgia, In February 2018, Sydnor was retained Kahn violated Rules 1.3, 1.4, 1.5, 1.8 (a), and the client paid Annis $5,000 in legal by a client to represent her in a claim aris- 1.15 (I), 1.16, and 8.4 (a) (4) of the Geor- fees. However, the client was unable to ing out of an automobile accident. Sydnor gia Rules of Professional Conduct. The reach her after Jan. 17, 2017, to discuss his settled the client’s claim on May 2, 2018, maximum sanction for a violation of Rules case, despite the fact that he called, sent Geico Indemnity Company issued a settle- 1.3, 1.15 (I) and 8.4 (a) (4) is disbarment, texts and emails, and visited her office. ment check in the amount of $8,300 pay- and the maximum sanction for a viola- The client then notified the bankruptcy able to Sydnor and the client on May 3, tion of Rules 1.4, 1.5, 1.8 (a) and 1.16 is a court that he was unable to reach his 2018, and on May 8, 2018, the client ex- public reprimand. lawyer. In addition, the client sent An- ecuted a release and settlement agreement. In aggravation, Kahn acted willfully and nis termination letters in May 2017, but Sydnor received the settlement check, dishonestly, acted with a selfish motive, she failed to respond, and the bankruptcy forged the client’s signature on the check engaged in multiple violations of the Rules court terminated Annis as the client’s and deposited it into his operating account of Professional Conduct, failed to comply counsel of record by order in June 2017. instead of his IOLTA account. Sydnor with the rules of the disciplinary process In both matters, Annis willfully aban- failed to inform the client that he received and was indifferent to making restitution. doned the legal matters entrusted to her, the settlement check or that he deposited to her clients’ detriment; failed to abide by the check into his operating account, and Lesley Annis the clients’ decisions concerning the scope failed to disburse the settlement funds to 1401 Peachtree St. NE, Suite 500 and objectives of representation; failed to the client. The client attempted to con- Atlanta, GA 30309 communicate with the clients and to keep tact Sydnor on numerous occasions about On June 10, 2019, the Supreme Court them reasonably informed about the sta- the status of her settlement, but Sydnor of Georgia disbarred Lesley Annis (State tus of their bankruptcy cases; and charged failed to respond. Sydnor violated Rules Bar No. 019780) from the practice of law the clients an unreasonable fee, as she 1.2, 1.3, 1.4, 1.15 (I), 1.15 (II) and 8.4 of for several rules violations related to her took a fee to file both Chapter 13 bank- the Georgia Rules of Professional Con- abandonment of two clients. The State ruptcy cases, but did not complete either duct. The maximum sanction for a viola- Bar attempted to serve Annis personally one. Annis violated Rules 1.2 (a), 1.3, 1.4, tion of Rules 1.4, 1.15 (II) (c) is a public at the address she listed with the State 1.5 and 9.3 of the Georgia Rules of Pro- reprimand, while the maximum sanction

68 GEORGIA BAR JOURNAL for a violation of Rules 1.2, 1.3, 1.15 (I), Rule 1.8 (c). The maximum penalty for a “He who is his own lawyer 1.15 (II) (a) and (b) and 8.4 in the present violation of Rule 1.7 or Rule 1.15 (I) is dis- case is disbarment. barment; the maximum penalty for a viola- has a fool for a client.” In aggravation, the State Disciplinary tion of Rule 1.8 (c) is a public reprimand. Board found that Sydnor acted with a dis- In mitigation, Kunda maintains that he honest and selfish motive. has never previously been the subject of Warren R. Hinds, P.C. any disciplinary proceeding; that he has “An Attorney’s Attorney” cooperated fully and in good faith with • Bar Complaints Suspension the State Bar in this matter; and that he • Malpractice Defense Preston Kunda is remorseful and will never again con- • Ethics Consultation 7 Glynn Ave. duct himself in such manner. The State Brunswick, GA 31520 Bar, while noting the serious nature of On June 3, 2019, the Supreme Court the violations, agreed that a suspension is of Georgia accepted the petition for vol- proper, due to Kunda’s remorse, coopera- untary discipline for attorney Preston B. tion and lack of disciplinary history. The Kunda (State Bar No. 430210) and im- State Bar recommended a suspension for posed a 12-month suspension. a period of between 12 and 24 months. In his petition, Kunda admitted that in 2014 he was retained to prepare a client’s will, in the course of which he agreed to Public Reprimand act as the estate’s executor without hav- Edward Neal Davis ing first obtained the client’s written in- 111 S. Broad St. formed consent to the potential conflict Butler, GA 31006 of interest. While claiming he did not On July 1, 2019, the Supreme Court know so at the time, he now admits that of Georgia imposed a public reprimand 1303 Macy Drive this conduct violated Rule 1.7. against attorney Edward Neal Davis (State Roswell, Georgia 30076 Kunda admitted further that, in con- Bar No. 208220). Earlier, the Court reject- Call (770) 993-1414 nection with the sale of a gun collection ed Davis’s petition for voluntary discipline www.warrenhindslaw.com for the same client, he accepted on the that sought a Review Panel reprimand. client’s behalf a cash payment through a Following a hearing, the special master is- firearm broker for the $130,000 balance sued a report recommending a 90-day sus- he relied on the husband’s representations. due, but did not count the cash upon its pension for Davis’s misconduct in notariz- Although it is not known who signed the delivery, and the following morning de- ing a signature that he did not witness, and wife’s name, there is no evidence in the posited $117,000 into his trust account, for a technical violation of rules governing record that Davis forged her signature. thereby leaving $13,000 unaccounted for. trust accounts. But given the mitigating When the wife learned of the sale for the Kunda maintains that this $13,000 was factors present, the Court concluded that first time in divorce proceedings, she re- part of the payment ultimately owed for a less severe punishment, a public repri- tained counsel, and filed a quiet title action the broker’s services and that he thereaf- mand, is the appropriate sanction. against Davis’s client that had purchased ter made arrangements to satisfy the debt Davis represented a client in a 2009 the property. She ultimately entered into a with $13,000 worth of legal services and purchase of real estate jointly owned by settlement agreement with Davis’s client in payments to the broker. Kunda admitted, a husband and wife. Davis knew the cou- which she ratified the sale and dismissed all however, that in failing to safeguard the ple and previously had represented them claims to the property, but did not receive money while it was in his possession, he in real estate transactions. For the 2009 any compensation. violated Rule 1.15 (I) (a) and (c). transaction, Davis prepared the Warranty The trust account violation arose out Finally, Kunda admitted that, in con- Deed and Owners’ Affidavit in the couple’s of a $15,000 loan Davis obtained from a nection with the firearm sale and on the names as grantors. At closing, Davis nota- former client in 2011. In 2012, Davis ob- advice of a federal agency official, Kunda rized the signatures of both the husband tained a loan from a third party to repay prepared a codicil to the client’s will that and wife on the Warranty Deed and Own- the loan from the former client with in- was to take effect only if the client died ers’ Affidavit; the wife was not present, but terest. Davis deposited the proceeds from prior to consummation of the gun sale. the husband was. It later became apparent the third party into his trust account, The codicil provided that Kunda was to (in the couple’s 2012 divorce proceedings) thus mingling personal and trust funds. inherit the gun collection and thereaf- that the wife had not signed either docu- Davis then repaid the former client with ter sell it, with the proceeds being paid ment. Davis admitted that he failed to take a check drawn on the trust account for the to the will’s beneficiary. Kunda admitted any independent steps to verify that the amount he had just deposited, thus using that, by preparing this codicil, he violated wife had signed the documents and that the trust account for personal use. The

2019 AUGUST 69 special master found that the improper use of the trust account was negligent, but unintentional, noting that Davis maintained his trust account at the same bank as his personal account. Davis violated Rules 8.4 (a) (4), 4.1 (a), 1.15 (I) (a) and 1.15 (II) (b) of the Georgia Rules of Professional Conduct. In mitigation, Davis had no prior disciplinary history; he lacked an intent to cause harm; there was no dishonest or selfish motive; he has accepted responsibility for his actions; he has expressed remorse; and he has cooperated in the disciplinary process. The special master’s report did not identify any aggravating factors, but we note that Davis has substantial experience in the practice of law, as he has been a member of the Bar since 1990.

Cheryl Joyce Braziel 6116 Mableton Parkway, Suite 136 STATE BAR OF GEORGIA Mableton, GA 30126 On July 1, 2019, the Supreme Court of Georgia accepted a renewed petition for voluntary discipline filed by Cheryl Joyce Braziel (State Bar No. 275115) and imposed a public reprimand. The amended PRO BONO renewed petition sought a Review Panel reprimand or a public reprimand for Bra- RESOURCE CENTER ziel’s admitted violations of Rule 5.3 (a), (b) and (c) (2). The State Bar supported the petition. In her petition, Braziel states she set- We can help you do pro bono! tled a client’s personal-injury claim with the liability insurer, and the client execut- • Law practice management support on pro bono issues ed a limited liability release to enable pur- • Professional liability insurance coverage suit of a claim against her own uninsured • Free or reduced-cost CLE programs and webinars motorist (UM) carrier. The client’s UM • Web-based training and support for pro bono cases policy provided reduced-limits coverage, • Honor roll and pro bono incentives meaning the amount of coverage was reduced by available liability insurance limits, but coverage could be restored to the extent that certain federal liens, such as a Medicaid lien, were satisfied from the liability settlement proceeds. Braziel’s cli- [email protected] @probono_ga ent had been treated at Grady Hospital, • incurring charges of $24,384.77, and Bra- ziel believed that the client was eligible to receive Medicaid and that the hospital charges should have resulted in the filing of a Medicaid lien, which would have Visit www.gabar.org / www.GeorgiaAdvocates.org allowed recovery under the UM policy. However, Braziel had been unable to document the existence of a Medicaid lien.

70 GEORGIA BAR JOURNAL Braziel testified that, while she was demonstration of a cooperative attitude in made two mortgage payments from this traveling outside of Georgia to obtain the disciplinary proceedings. Braziel’s only trust account on behalf of a former cli- medical treatment, she called her assistant aggravating factor was her substantial ex- ent. During its investigation, the State to ask her to pull the lien letter from the perience in the practice of law. Bar confirmed Brock’s assertions that the prior client’s file, duplicate it and place it student loan payment was made from in the new client’s file, so that she could earned attorney fees that he had improp- contact Grady’s lawyer for assistance. Bra- Review Board Reprimand erly retained in his trust account and that ziel made the call to her assistant while Hakeem Bertrand Brock the mortgage payments were made from driving in rural Mississippi, and due to One West Court Square, Suite 750 the client’s funds that Brock had failed poor reception for the call, poor instruc- Decatur, GA 30030 to promptly deliver to the client. Brock tions and poor training of the assistant, On July 1, 2019, the Supreme Court of admitted that his conduct violated Rules the assistant misunderstood her instruc- Georgia accepted the petition for volun- 1.15 (I) (a) and (c), 1.15 (II) (a) and (b), tions. The assistant created a new lien let- tary discipline for attorney Hakeem Ber- and 5.3 (a) and (b), of the Georgia Rules of ter patterned after the old one, but with trand Brock (State Bar No. 705137) and Professional Conduct. Though Brock did the information for the new client and the issued a Review Board Reprimand for his not know of or approve or ratify the para- expected amount of the lien. The result misconduct related to the handling of his legal’s actions, he admits that because of was a letter purportedly from Grady’s trust account and the failure to properly his failure to supervise her use of the trust lawyer to Braziel about a lien held by supervise a nonlawyer employee. account, he was responsible for conduct Grady in connection with Braziel’s rep- In his petition, Brock made the follow- that would constitute a violation of the resentation of her current client. Braziel ing admissions. Brock employed a parale- Rules of Professional Conduct if a lawyer arrived at her office later that evening and gal to assist him with his personal injury had engaged in such actions. saw the letter that had been created. She cases. In May 2017, he discovered that the In mitigation, Brock lacked prior dis- admonished her assistant and gave her paralegal had written checks on his trust ciplinary record and dishonest or selfish additional instructions in her duties as a account and forged his signature, improp- motive. He made a timely, good-faith legal assistant. erly withdrawing approximately $21,000 effort to make restitution and to rectify Rather than destroying the letter, in trust account funds, and also discovered the consequences of the misconduct; had however, Braziel faxed it that evening to that she was purporting to handle legal a cooperative attitude toward the disci- Felecia Morris, an administrative service matters on her own, without his knowl- plinary proceedings; and was remorseful provider who has a law degree but is not edge or participation. Some of the checks for his misconduct. These mitigating fac- a member of the State Bar of Georgia, were payable to the paralegal’s family and tors outweigh the aggravating factors of and asked her to confirm the existence friends, but some checks were payable Brock’s substantial experience in the prac- of the lien. Braziel testified that she ex- to individuals who were her purported tice of law and the presence of multiple plained the nature of the document to clients. This scheme came to light when offenses. The discipline requested was a Morris and sent her the letter for inter- she wrote four checks that bounced, and result of negotiations between the State nal, informational purposes only, as it Brock was notified by his bank about the Bar and Brock. l contained the information Morris would insufficient funds in his trust account. The need to track down the lien information. reason he was unaware of his paralegal’s Six days later, Morris emailed the letter to activities was that he did not keep a led- Reinstatement the new client’s UM carrier, which then ger or other records showing the balance John Dennis Duncan forwarded the letter to Grady’s lawyer. in his trust account belonging to each cli- 106 Crepe Myrtle Court When Grady’s lawyer contacted Braziel, ent or the lawyer’s fees debited against the Easley, SC 29640 she promptly admitted what had oc- account of a specific client. As a result of On May 20, 2019, the Supreme Court curred, took responsibility for the matter learning of the paralegal’s actions, he fired of Georgia determined that attorney John and attempted to explain how the situa- her, implemented new oversight policies Dennis Duncan (State Bar No. 311056) tion occurred. Braziel also severed her ties and reinstated all missing client and third- had complied with all of the conditions with Morris. party funds using personal funds; he also for reinstatement following his suspen- In mitigation, the Court considered notified the Rockdale County sheriff’s of- sion, and reinstated him to the practice Braziel’s lack of prior disciplinary history, fice about the thefts. of law. her lack of selfish motive or an intent to Three instances of Brock’s own misuse deceive, the existence of personal health of the trust account came to light during problems that may have impacted the the State Disciplinary Board’s investi- Jessica Oglesby misconduct, her efforts to rectify the con- gation into this matter. Specifically, in Clerk, State Disciplinary Boards sequences of the misconduct, her accep- March 2017, Brock made one personal State Bar of Georgia tance of responsibility and demonstration student loan payment from his trust ac- [email protected] of remorse for what occurred, and her count, and in March and April 2017, he

2019 AUGUST 71 GBJ | Legal Tech Tips

Legal Tech TIPS

BY NATALIE R. KELLY AND MIKE MONAHAN

GETTYIMAGES.COM/SHIRONOSOV

Lawyer Life Hack Use Outlook Rules 1Try a walking meeting. If you and 3Don’t lose track of eFiling confirma- other colleagues need to meet, take a tions and notifications. Use an Outlook long walk. Get some fresh air and some Rule to manage your eFiling emails. If exercise while being productive. Bring a you need step-by-step instructions on phone along to take minutes or record how to set up an Outlook Rule, go to notes. #LawyersLivingWell https://bit.ly/2HpmowB.

Best Podcast Microphones Use Google Alerts 2If you are new to recording pod- 4www.google.com/alerts casts or just want to know what the Use Google Alerts to monitor the Inter- best options are for microphones, take net for issues that affect your practice a look at the Samson Go Mic Portable or that interest you personally. Go to USB Condenser ($30+); the Blue YETI www.google.com/alerts and “Create an USB Microphone ($120+); or the Heil Alert.” For example, if you want to track PR-40 Dynamic Studio Recording Mi- what’s new on the web on the subject of crophone ($225+). When shopping for Qualified Immunity, type “Qualified Im- microphones, look for the mic’s record- munity”—and be sure to use the quota- ing method and the directional capability tion marks to ensure your search pulls (directions from where the mic can pick up the phrase, not the individual words. up sounds). You should also focus on an You’ll get alerts related to articles, CLEs, impedance rating of 600 Ohms or lower, news and more. and a mic with a mid- or high-frequency response for recording vocals. GETTYIMAGES.COM/SPAXIAX

72 GEORGIA BAR JOURNAL Testimonial

WhatsApp www.whatsapp.com Social media allows us to find and locate witnesses and defendants without the expense of hiring a private investigator. WhatsApp Built-in Virtual Laser Pointer allows lawyers to depose 5Have you noticed that there is a experts anywhere in built-in virtual laser pointer in Power- the world without Point 2016? Start up your presentation. Tim Santelli having the expense of Look down at the tool bar below the Law Offices of Timothy travel, conference room J. Santelli PC presentation. You’re welcome. reservations, etc.

GETTYIMAGES.COM/SHIRONOSOV Send a Video Instead of Words 6www.loom.com If you need to show a colleague or your Fuze across multiple delivery sources like paralegal how to do something, use Loom 8www.fuze.com UPS, FEDEX, Amazon, DHL and more rather than back-and-forth emails. Cap- An app for online meetings is available (iOS). The full app costs $4.99. If you are ture your screen, record with your front- with a subscription to Fuze. The service an Amazon user with an Android, you facing camera and narrate it all at once, allows users to access a group online can also download a Deliveries Package then instantly share with a simple link. No meeting from anywhere and using al- Tracker app at https://deliveries.orrs.de switching apps or upload required. most any device via its apps using Fuze (free for Amazon deliveries). Desktop, Fuze Web or Fuze Mobile. The service unifies voice, video and Receipt by Wave App messaging into a single application. TapeACall Pro 7www.waveapps.com/receipts 10www.tapeacall.com If you hoard receipts in hopes of mak- If you are an iPhone user, you can use ing your life easier for business expense Deliveries App this app to record your calls to other tracking, then you’ll likely benefit from 9junecloud.com/software/iphone/ phone numbers. This might come in using this app for tracking your re- deliveries.html handy for time tracking and information ceipts. Receipts can be recorded by sim- Tracking packages from various ser- reprisal when you need to remember ply scanning them with your phone or vices can take up a good deal of time. conversations with others. Be sure to emailing your receipts to the Wave ac- To lessen time with tracking down give recording notice where required. count you set up for using the service. packages, use Deliveries for tracking

GETTYIMAGES.COM/THE_BELIEVER_ART 2019 AUGUST 73 GBJ | Law Practice Management

Each year the Law Practice Manage- Planning to Take Charge: ment Program spends several months strategizing and organizing a CLE Insti- tute designed just for solo and small firm Getting Ready for practitioners. Despite its small law focus, the institute really has programming suit- Georgia’s Solo & Small able for attorneys from firms of any size. With this year’s event planned for Thurs- day and Friday, Sept. 26 and 27, the Solo Firm Institute & Small Firm Institute has a lot to offer Bar members. (Yes, we moved it from Friday-Saturday to Thursday-Friday!) Georgia’s Solo & Small Firm Institute has become the go-to event of the Attendees will also find some new things year, where lawyers can earn a full year’s worth of CLE credit as they fine- in which to engage in 2019. tune the business side of their practices. See what’s new in 2019. Small Law Firm Retreat: A four- BY NATALIE R. KELLY session workshop track for the GETTYIMAGES.COM/ALEXMILLOS

74 GEORGIA BAR JOURNAL entire law firm. Lawyers can register themselves and their staff and attend workshops to help develop work- able policies and procedures for their practices. Designed to mimic a live “law firm retreat” experience, the special sessions are broken into workshops for all firm members, with separate and complimentary programs for law firm staff members. Facilitators are CLE experts who focus on everything from firm Georgia’s Solo & Small Firm Institute finances to technology and marketing. The retreat sessions only occur on Friday, Sept. 27, but registrants can attend the entire conference and Talks on hot-button topics for today’s Based on feedback from past attendees, take advantage of early-bird retreat law firms, and there will be an open the institute seeks to provide lawyers with registration rates through Aug. 31. mic town hall meeting for attendees the exact programming they need for their to ask questions and see if they can particular practice situations. New lawyers The Attorney Wellness Track: “stump the experts.” Special guest who are looking to complete their re- Attorney Wellness Fair introduced in speakers include Robert “Bob” Am- quired CLE credit for the Transition into last year’s institute has been trans- brogi, world-renowned legal media Law Practice Program will find the agen- formed into a complete educational writer and blogger, whose LawSites da is outlined in such a way as to indicate track. Exhibitors of health and well- blog is known as an authority in legal which sessions satisfy this required credit. ness products and services will join information and news; and Andrew The institute has become the go-to the other conference exhibitors in Arruda, president and CEO of Ross event of the year, where lawyers can earn our new exhibit space, and all attend- Intelligence, and a leading expert in a full year’s worth of CLE credit as they ees can select programming to help artificial intelligence (AI). Arruda’s fine-tune the business side of their prac- them focus on wellness concerns. company built a “robot” lawyer service tices. The event’s practice management For those afraid of missing a wellness based on AI technology and the IBM track and plenary session programs will be program, you will not have to worry. Watson computer platform. streamed via video conference to the State Everyone can participate in the Bar’s Coastal and South Georgia offices. wellness plenary, Attorney Wellness: The audience will Local Speakers: Registration is open now, and you can Views from the Bench, featuring a also hear from local speakers in- take advantage of the early-bird price of panel of Court of Appeals judges. cluding Paula Frederick, State Bar of Georgia general counsel, and the $250 through Aug. 31. And if you are The New Exhibit Hall Location: organizers of Legal Tech Meetup signing up for the retreat, don’t forget Exhibit Hall had previously been set up in Atlanta, Erin Gerstenzang, ELG this programming is designed for the in the Conference Center Auditorium, Law; Kimberly Bennett, K. Bennett entire law firm; be sure to sign up your but this year a new space (Room A) Law; and Jennifer Downs, Downs staff, too. Review the conference agenda, will be utilized to create an even more Law, LLC. These speakers will speakers, exhibitors and all things “Take engaged audience and experience. At- be joined by more than 50 other Charge” online at www.gabarsolo.org. tendees will be able to visit more than legal experts, workshop facilita- Register today, and we look forward to 20 exhibitors and learn about the latest tors and law office technologists seeing you there. l products and services for their prac- covering 10 educational tracks: tices. There is even a new prize deliv- practice management, technology, ery schedule so attendees have more Natalie R. Kelly substantive law, attorney wellness, opportunities to take a prize home. how to, solo small success, vendor Director, Law Practice Management State Bar of Georgia Special Guest Speaker TED Talks showcase, hands-on tech, small law and Town Hall Meeting: Five spe- firm workshops and small law staff [email protected] cial guest speakers will deliver TED learning sessions.

2019 AUGUST 75 GBJ | Pro Bono

The Judicial Council of Georgia’s Pro Bono Record Access to Justice Committee has developed a series of pro bono criminal record Restriction Clinics Get restriction clinics to be held in small cities and rural areas of the state. The Judicial Council is partnering with the Georgia People Back to Work Justice Project (GJP) and the State Bar of Georgia Pro Bono Resource Center. This four-part series of free legal clin- “The hallmark in expungement is the salvageability of our society. While ics is open to Georgia residents who have we must always hold people accountable for their actions, we must also charges eligible for restriction under ex- find a way to restore them to a sense of responsibility and participation isting Georgia law. Attorneys assisting at in society.”—Justice Robert Benham the events provide their services on a pro BY MIKE MONAHAN bono basis. Access to Justice record restriction clinics have been held in Albany and Valdosta, with both clinics eliciting unsurpassed levels of participation. The Albany legal clinic was attended by 287 local citizens with 73 receiving record restriction services. The Valdosta clinic hosted nearly 200 people, with more than 90 assisted with record restrictions. Clinic services are provided by volunteer attorneys, the Southwest Georgia Legal Self-Help Center and GJP staff. The clinics also integrate the Georgia Legal Services Program and georgia.freelega- lanswers.org to provide attendees access to brief services and advice on other legal matters. Social service agencies including the Georgia Department of Labor provide attendees with information on employment, housing and child care. The Georgia Justice Project—the critical partner in our pro bono efforts—represents and supports Georgians in the criminal justice system and works to re- duce barriers to reentry. The Georgia Jus- tice Project reports Georgia’s old law used the term “expungement,” which implied that criminal records information was deleted or destroyed. In reality, criminal records were not deleted or destroyed; the term “expungement” simply meant that the information was unavailable to

76 GEORGIA BAR JOURNAL be viewed for all purposes except law enforcement and criminal justice. Georgia’s new law, effective July 1, 2013, does not use the word “expungement.” Instead, the process is now referred to as “record restriction.” Only the name of the process has changed. Record (Front row, left to right) Hon. Vernita Lee Bender; Hon. Robert Benham; Hon. James G. Tunison restriction means that eligible records on Jr.; and Roy W. Copeland; (back row, left to right) Mike Monahan; Tabitha Ponder; Jeremy K. Baker, Southern Circuit District Attorney’s Office; Justo Cabral III, Lowndes County Solicitor your official criminal history report are General’s Office; Laureen Alford, Southwest Georgia Law Library Self-Help Center; Karla L. restricted from public view and are only Walker, Copeland Haugabrook & Walker; Brenda Smeeton, legal director, Georgia Justice accessible to law enforcement for crimi- Project; and Doug Ammar, executive director, Georgia Justice Project. nal justice purposes. An expungement restricts from public making corrections to criminal histories laboration changed lives. One young lady, records a person’s arrest, conviction or and applying for pardons. Cases are pre- in tears, hugged my neck and told me how non-adjudication so that those records screened. Work can range from adminis- attending the clinic changed her life. That do not appear during criminal back- trative paperwork to court appearances. young lady had not been able to work in ground investigations conducted as part GJP has created a comprehensive training her chosen profession because of a youth- of an employment, licensing or other manual and template documents to assist ful offender matter that was unrestricted application process. Records restriction in representing clients. and unsealed on her criminal history. allows a person to be eligible for employ- The work flow for the record restric- Thanks to the hard work and dedication ment, military service, school enrollment tion clinic includes the client obtaining of the volunteers that young lady will and housing, and other critical social ac- his criminal arrest history and the cur- hopefully now be able to obtain gainful tivities. Benefits flow to communities in rent disposition/status of his case(s) from employment in her chosen profession.” Georgia from increased employment and the court clerk. The clinic model now in- Pro bono lawyers will often say that public revenue, reduced recidivism and cludes onsite participation from the local adoptions bring out joy and tears for the improved public safety. clerks of court, making the process more volunteers and clients. Record restric- “The hallmark in expungement is the efficient for the client and the court. Vol- tions do that, too. Ask the woman who salvageability of our society. While we unteer lawyers are trained before the clin- couldn’t sit for her state-licensing exam must always hold people accountable for ic starts and GJP staff assess the client’s for her dream job. Ask the young man their actions, we must also find a way to records and an onsite team of solicitors who wants to join the military. restore them to a sense of responsibil- and prosecutors give their assent with To learn more about the record re- ity and participation in society,” Justice onsite judges signing the orders. striction and social and legal aid services Robert Benhman said in his remarks to “It was an honor and privilege for me clinics, contact Tabitha Ponder, contract the attendees. to be able to partner with Justice Ben- attorney for Judicial Council/AOC Com- As a volunteer attorney at the record ham, the Access to Justice Committee of mittee on Access to Justice at tabitha. restriction clinic, you meet with clients to the Judicial Council of Georgia, State Bar [email protected] or Mike Mo- explain their record and the law to them, Pro Bono Resource Center, Georgia Jus- nahan, director of the Pro Bono Resource and assist in preparing applications for tice Project and other local judges and at- Center at [email protected]. l restriction (expungement) of their crimi- torneys in my community and volunteer nal records. Pro bono representation my time,” says Hon. Vernita Lee Bender, beyond the limited-scope activity at the municipal court judge, city of Valdosta. Mike Monahan clinic might include filing-related mo- “One of the missions of the collaboration Director tions and petitions if you as a volunteer was to bring the courts and resources to Pro Bono Resource Center choose to work for the client after the rural communities. The mission was met State Bar of Georgia clinic has ended. Work can also include in Valdosta. I saw first-hand how the col- [email protected]

2019 AUGUST 77 GBJ | Member Benefits

Making Sure You Know Your Member Benefits

As a member of the State Bar, there 2 are many benefits available to you, from hotel discounts to free parking at the Bar Center in Atlanta. BY SHEILA BALDWIN

It’s been more than a year since the State Bar of Georgia website was updated with an emphasis on providing a more useful experience for Bar members and the public. The modernized site highlights additional and easier-to-use features created to help our members navigate the substantial amount of information residing there, providing greater accessibility to the benefits and resources offered by the State Bar. In this article, I’ll point out some hid- den gems you may have missed that could 3 serve to help your business, and even your life, become a bit more manageable. You can access information about our most utilized available benefits from the homepage. Place your mouse over the “For Lawyers” drop-down tab and then navigate to “Member Benefits & Dis- counts.” This page links 15 squares to various resources, programs and benefits available to you (see fig 1). Just click on the one that meets your immediate need, or one that piques your interest, for more information.

78 GEORGIA BAR JOURNAL Fastcase PRO BONO STAR STORY One of our most popular member benefits is Fastcase, the free online legal re- ALINA LEE search tool available to Bar members BY LAURA COATS 24-hours/7-days a week. More than half of our membership has taken advantage of this service, having conducted Fastcase re- Alina Lee Attorney search at least once since its introduction. SouthStar Energy Fastcase provides access to a combi- Services LLC nation of state and federal material, and includes primary law from all 50 states. Alina Lee began her work with Lee serves on SpringBoard, State Bar members are able to take advan- Pro Bono Partnership of Atlanta PBPA’s Young Professional’s Com- tage of a Premium Plan that includes all (PBPA) as an associate at Rog- mittee, and leads the House Calls federal cases and all state cases back to at ers & Hardin. PBPA connects a program in which SpringBoard least 1950. The Georgia Code and other network of volunteer attorneys members train PBPA nonprofit research libraries make the Georgia da- with nonprofits in need of pro clients’ board of directors on their tabase a comprehensive and reliable legal bono business legal services. legal responsibilities. She also research tool for Bar members. The lat- Lee currently works at Southern serves as the board chair of We Company Gas as senior counsel. est version, Fastcase 7, allows searching Love BuHi, a nonprofit creating Throughout her career, she has connection and belonging within in multiple databases and within a variety enjoyed the transactional pro Buford Highway’s multicultural of jurisdictions. Currently this version is bono opportunities that PBPA community through storytelling accessed by an orange switch at the top offers. In fact, she has enjoyed and design, which has allowed her right of the home screen (see fig. 2), but the opportunity to work with her to experience PBPA’s work from by the end of the year, Fastcase 7 will be husband, a labor and employment both sides of the table as a client the default version when you log in to attorney at Seyfarth Shaw, on and an attorney. Lee and those like your account. To learn how to navigate several matters. her are to be commended for their the new platform, sign up for a CLE ap- service to the profession. proved Fastcase class held each month at the Bar Center. You can also receive CLE credit for participating in webinars hosted by Fastcase. Find these classes and other help at www.gabar.org/fastcase.

Member Benefits Insurance STATE BAR OF GEORGIA Member Benefits, Inc., the Bar’s recommended broker for members’ health, den- tal and vision plans as well as disability, Member long term care, life, travel insurance and Benefits services, and lawyers professional liability insurance plans, has been advising and researching the best plans for our members since 2009, taking no fees or commis- sions. The Private Health Insurance Ex- CONFERENCE CENTER change is available to State Bar of Georgia No charge for law-related meetings. members, spouses, employees, paralegals Computers. Printing available. Coffee. Wifi. and law students. Their business plans are designed to help firms manage group health and employee benefits. Cyber security, professional liability and 401(k) retirement plans for law firms have be- Learn more at www. gabar.org or come increasingly popular. The customer contact Faye First at 404-419-0155 service representatives are trained to help our members so don’t hesitate in asking for help with any related needs.

2019 AUGUST 79 CloudLawyers for Members es of practice. Whether you need advice on Bar security on the first or third floor of This service enhances our standard mem- technology, firm finances, organization or the Bar Center. Bar members also have bership directory by providing you with library materials, we have the resources the option of parking at the Bar Center the ability to manage your online pres- and training to assist you. Browse our on- when the deck is closed. Press the button ence. At no cost, members can add a pho- line forms and articles collection, check on the kiosk to communicate with Bar to, practice areas, education and contact out a book or video from our library, or security, give them your Bar number and information along with basic information contact us to learn more about our onsite they will give you access into the deck. To about your practice, including payment management consultations and training have your ticket validated, enter the Bar options and fixed packages you offer. A sessions. If you have questions about the Center, proceed to the first floor security CloudLawyer profile can also serve as a program, contact Director Natalie Kelly at station and show your Bar card. Over- website by purchasing a domain name [email protected] or 404-527-8770. night parking is also available following and forwarding the traffic to your Bar the same procedure for parking when profile. Members of the public use Find a the deck is closed. Just be sure to inform Lawyer from the “For the Public” link on Conference Center security that you will be there overnight. the Bar website to find attorneys. Members and law-related groups may For more detailed information about the reserve meeting rooms free of charge for parking deck, including a list of special client-related or Bar-related affiliate meet- events and answers to frequently asked Vendor Directory ings on a first-come, first-served basis. questions, visit www.gabar.org/parking. Visit this one-stop shop that helps mem- Depending on individual needs, the third The other resources on the Member bers easily locate vendors providing legal floor can accommodate two to 200 peo- Benefits & Discounts page are equally services and goods. Companies purchase ple. Contact Faye First at [email protected] as valuable. Free Counseling Services, a listing on our directory so they can pro- with questions, requests and reservations. Suicide Awareness, Wellness Program actively offer their products and services And here’s something you might not be and Peer Support Program are a few of to our members, often with a discount. If aware of: full video conferencing solutions the programs that address wellness and you are looking for a court reporter, pro- are available at the Bar Center in Atlanta, quality of life for attorneys. Click on the cess server or even a hotel, you can use as well as both the Coastal Georgia and corresponding image to learn more. And the Vendor Directory on the State Bar’s South Georgia offices. If you have video if all else fails, use the website’s search website to locate one in your area. Please conferencing needs, contact AV Manager function to track down what you are note, inclusion on this list is not intended Kyle Gause at [email protected]. looking for, just click on the magnifying to be a recommendation of any vendor. glass above the member login (see fig. 3) Members are advised to use their own and enter your search term. If you have due diligence prior to using the services Parking Deck any other needs that are not addressed in of these or any other vendors. Free parking (another of our most popu- this article, please contact me at sheilab@ lar member benefits) is available to mem- gabar.org or 404-526-8618. l bers during business hours when visit- Law Practice Management ing the Bar Center. Free parking is also Program available on nights and weekends when Sheila Baldwin The Law Practice Management Program the deck is open early for special events Member Benefits Coordinator exists to offer access to resources and prod- by showing a Bar card to the deck atten- State Bar of Georgia ucts that assist Georgia lawyers in all phas- dant. Tickets can be validated by State [email protected]

80 GEORGIA BAR JOURNAL WE HANDLE BUSINESS LITIGATION ON CONTINGENCY AND SHARE FEES

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191 PEACHTREE STREET NE, SUITE 4200, ATLANTA, GA 30303 GBJ | Attorney Wellness

Connected, yet disconnected. In spite of our society’s pervasive connectedness The Loneliness Crisis via social media, email and other tech- nological advances, recent studies have revealed that Americans are dangerously “The greatest disease in the West today is not TB or leprosy; it is being lonely; lawyers are not an exception. unwanted, unloved and uncared for. We can cure physical diseases with Sage Journals examined loneliness and medicine, but the only cure for loneliness, despair and hopelessness is love.” social isolation as risk factors and con- —Mother Teresa cluded that “loneliness has the same im- BY LAKEISHA R. RANDALL pact on mortality as smoking 15 cigarettes a day, making it even more dangerous than obesity.”1 While loneliness has been defined in several ways, common defini- tions include: 1) a state of solitude or being alone; 2) the perception of being alone and isolated; 3) a feeling of disconnected- ness or isolation. In 2018, Cigna surveyed more than 20,000 American adults and it revealed a similar crisis.2 The evaluation of loneliness was measured by a score of 43 or higher on the UCLA Loneliness Scale,3 a 20-item questionnaire developed to assess subjec- tive feelings of loneliness, as well as social isolation. The UCLA Loneliness Scale is a frequently referenced and acknowledged academic measure used to gauge loneliness. l Nearly half reported sometimes or always feeling alone (46 percent) or left out (47 percent). l One in four reported (27 percent) they rarely or never feel as though there are people who really understand them. l Only approximately half of Ameri- cans (53 percent) have meaningful in-person social interactions, such as having an extended conversation with a friend or spending quality time with family, on a daily basis. l Two in five reported sometimes or always feeling that their relationships are not meaningful (43 percent) and that they are isolated from others (43 percent). l One in five reported they rarely or never feel close to people (20 per- GETTYIMAGES.COM/MIMADEO

82 GEORGIA BAR JOURNAL cent) or feel like there are people % Always/ Always Sometimes Rarely Never Sometimes they can talk to (18 percent). Interests and ideas are not l Generation Z (adults ages 18-22) shared by those around you 9% 50% 34% 7% 59% and Millennials (adults ages 23-37) People are around you 10% 46% 33% 11% 56% are lonelier and claim to be in worse but not with you health than older generations. Feel shy 11% 45% 31% 13% 56% l There was no major difference No one really knows 13% 41% 33% 13% between men and women, and no you well 54% major difference between races when Left out 8% 38% 39% 15% 47% it came to average loneliness scores. l Americans who live with others are Alone 10% 36% 37% 17% 46% less likely to be lonely (43.5 percent) Lack companionship 10% 34% 34% 23% 43% compared to those who live alone (46.4 percent). However, this does Relationships with others are not meaningful 7% 36% 39% 18% 43% not apply to single parents/guardians (48.2 percent)—even though they live Isolated from others 8% 35% 37% 20% 43% with children, they are most lonely. No longer close to anyone 8% 31% 35% 26% 39% While these studies have not examined the rate of loneliness specific to the There is no one you can turn to 7% 29% 36% 28% 36% legal community, wellness reports have Where individual figures do not sum to 100, this is due to the effects of rounding. Where total always/sometimes summaries do not sum consistently shown that attorneys are at a to total of percentages as listed in this chart, this is also due to the effects of rounding. higher risk of depression, anxiety, suicide According to a Cigna survey in 2018 of more than 20,000 American adults, at least a third and substance use. Awareness regarding experience feelings associated with loneliness, such as feeling isolated or unknown. the loneliness crisis is imperative because one’s mental, physical and social well- l Call a friend instead of emailing or being are inextricably connected. Endnotes sending a text message Absent intentionality, practicing law 1. Julianne Holt-Lunstad, et al., Loneliness can be lonely—we spend long hours work- l Consider sharing office space and/ and Social Isolation as Risk Factors for ing in isolation and often fail to invest time or joining groups for more social Mortality: A Meta-Analytic Review, Vol. into our most meaningful relationships. interaction 10: Is. 2, Sage Journals 227 (2015). 2. https://www.cigna.com/newsroom/ Correspondingly, the Cigna survey also l Invite a colleague out for a walk news-releases/2018/new-cigna-study- revealed positive findings about individu- l Speak to a therapist reveals-loneliness-at-epidemic-levels- als who were less lonely. First, people who For more information regarding social in-america (Last accessed July 24, were less lonely were more likely to have well-being and ways to meaningfully con- 2019). regular, meaningful, in-person interac- nect with peers visit gabar.org/wellness. 3. Russell, D , Peplau, L. A.., & Cutrona, C. tions. And those who had healthy amounts E. (1980). The Revised UCLA Loneliness #LawyersLivingWell l of sleep, socialized with friends and family, Scale: Concurrent and discriminate and practiced self-care or allotted “me time” validity evidence. Journal of Personality and Social Psychology, 39, 472-480; experienced lower loneliness scores. LaKeisha R. Randall is a https://fetzer.org/sites/default/files/ “The greatest disease in the West to- litigation associate at the images/stories/pdf/selfmeasures/ day is not TB or leprosy; it is being un- Atlanta office of Bey & Self_Measures_for_Loneliness_and_ wanted, unloved and uncared for. We can Associates, LLC, and Interpersonal_Problems_UCLA_ cure physical diseases with medicine, but specializes in personal LONELINESS.pdf (Last accessed: July injury law. Randall is also a recognized the only cure for loneliness, despair and 24, 2019). hopelessness is love.”—Mother Teresa attorney wellness expert and If you are feeling lonely or isolated, frequently teaches CLEs regarding here are some quick suggestions: lawyer wellness, ethics and professional responsibility.

2019 AUGUST 83 GBJ | Writing Matters

Voice and Tone in Legal Writing

This installment of “Writing Matters” examines the concepts of voice and tone to help you better understand why the tone and sound of legal writing matters. BY DAVID HRICIK AND KAREN J. SNEDDON

Writing is a system of symbols used to of phrase, are often noted in the context convey meaning. When you think of how of voice to distinguish the writing of one good legal writing conveys meaning, you person’s from another. may think of the following traits: profes- In this context, “tone” refers to the at- sional, structured, credible and formal. titude and emotion underlying the text. Those words do accurately describe good Think of the difference between the fol- legal writing. Many of our “Writing Mat- lowing two sentences. ters” columns have been directed to help We need to talk in my office. your writing meet those criteria. Let’s chat in my office. But writing also has a sound—including a voice and a tone. The sound of legal The tone of the first sentence is ominous, writing is more complicated—and more as though bad news will be delivered. The varied—than describing it as professional, second sentence reads more casually and structured, credible and formal might al- presents the topic of the discussion in a low. For instance, a letter to a long-time neutral way. client advising how to resolve a dispute The appropriate sound for legal docu- sounds different from a letter sent to op- ments varies with its purpose and audi- posing counsel seeking compliance with a ence. Even within a type of document, demand. But what accounts for the differ- such as email, voice and tone may vary. ence? This installment of “Writing Mat- An email to an associate at the law firm ters” examines the concepts of voice and checking in on the status of a project will tone to help you better understand why the have a different sound than an email re- tone and sound of legal writing matters. sponding to a client’s request for infor- In this context, “voice” is a metaphor mation. Even the latter email will vary for the sense of the person who authored depending on the sophistication of the the writing. Just like we each have our client and the tone of the request. own speaking voice, our writing has its Above all, the voice of legal writing own voice as well. Voice includes the should be authentic and professional. pitch of the text that gives a sense of the But that still leaves a lot of room for the person—or really personality—of the development of the appropriate voice author. Style markers, such as sentence and tone for a particular text. Becoming

constructions, use of headings and turns more aware of the sound of a written GETTYIMAGES.COM/ALEXKICH

84 GEORGIA BAR JOURNAL text will make you a better writer. Below clarative sentences have a choppy, stacca- terminology will sound formal and dense. are some ways to alter voice and tone to to sound. Longer sentences may increase Using legal terminology selectively can ensure your legal writing resonates with the flow. Sentences of similar length give lighten the voice and soften the tone. the reader. rise to a monotone voice. Repetition can also increase power of the voice. Punctuation Word Choice The defendant suggested the deal. The 5Punctuation creates pauses and alters 1An important part of legal writing is defendant negotiated the contract’s terms. the cadence of text. Punctuation helps the using the legally needed words for the writer create short sentences and allows The defendant signed the contract. The context. But the choice of words also drafting long sentences that can be fol- defendant then breached the contract. creates a voice and injects a tone. Using lowed and understood. Punctuation also contractions or even slang can conjure a The repetition of “the defendant” at the helps create a rhythm to the text by using more causal interaction. For instance, the beginning of each sentence adds weight commas, colons and semicolons. In other following may appear in an inter-office to make the tone pointed. words, punctuation can be used to alter memo about the strategy as to which ar- both voice and tone. guments to include in a trial brief. Even at its simplest, punctuation can The court won’t see the connection Pronouns radically change tone. Consider the dif- between the arguments unless we paint 3Depending upon the context, legal ference punctuation makes in how these the complete picture of why we need writing can use first or second person. two words sound: this discovery. The use of first person singular “I” helps Thanks. the audience identify with the writer. The contractions, personification of the Thanks! court with the word “see,” and the phrase I want to outline the options to consider “paint the complete picture,” make the how best to resolve this issue. text informal and conversational. Other Likewise, the first-person plural “we” Takeaways tools, such as slang or colloquialisms, can brings the reader into the role of acting When you are writing your next docu- also make a text more conversational, but with writer. The second person “you” ment, whether contract, complaint or let- they can also lose the reader. For instance, talks directly to the reader. ter, think about sound, and maybe even not everyone knows the meaning of the We should discuss what you would like read the text aloud. What does it sound phrase “batting a thousand.” to do next. like? Is that sound appropriate for the The tone of the sentence above, how- document and its audience? Too many uses of “you” can make the text ever, wouldn’t sound appropriate in the Voice and tone will influence how the read dictatorial. But used selectively, the trial brief. It requires a more formal tone, reader engages with the text and what the pronouns “we” and “you” foster a connec- such as: “So this Court can understand reader recalls from the text. Varying voice tion between writer and reader. the three reasons why plaintiff needs this and tone is not a gimmick, but rather a At times, first person and second per- discovery, plaintiff begins with a detailed technique that can enhance the goal of son sound too casual. A brief should never explanation of the events that led to this a document. l use “you” to refer to “the Court.” Likewise, dispute.” Stating in the brief “Because the a brief should never use “I” to refer to a Court won’t see the connection between party the author represents. Pronouns the three reasons why we need the dis- David Hricik is a professor can affect the sound of legal writing. covery without the complete picture” of law at Mercer University does not sound right—at all. School of Law who has written several books and Jargon and Legal Terminology more than a dozen articles. The Legal Writing Program at Mercer Sentence Constructions 4Legal jargon can make text sound authoritative or convoluted. Depend- continues to be recognized as one of Think about how you speak. What 2 ing on the audience, a writer may need the nation’s top legal writing programs. is the average length of your sentences? to use specific legal terminology, such as Do you have interrupters and internal Karen J. Sneddon is a when writing to a court or writing to in- clauses? Writing that mimics our speech professor of law at Mercer house counsel about a client’s matter. In patterns can sound more authentic. We University School of Law. contrast, when writing to a non-lawyer can also alter the voice and tone by alter- client, the use of the same amount of legal ing the sentence constructions. Short de-

2019 AUGUST 85 GBJ | Professionalism Page

In 1988, under the leadership of Jus- Chief Justice’s tice Thomas O. Marshall and Justice Harold G. Clark, Georgia was the first state to consider the issue of attorney Commission on professionalism in a systemic manner. Many states then followed suit. In 1989, Professionalism Issues the Supreme Court of Georgia created Georgia’s Chief Justice’s Commission Revised Professionalism on Professionalism (the Commission). Its purpose was then, and is now, to en- CLE Guidelines sure that the practice of law in Georgia remains a high calling, enlisted in the service not only of the client, but of the public good as well. A Lawyer’s Creed and Applying for professionalism CLE credit is now easier, simpler and faster as the Aspirational Statements on Profession- a result of the revised Professionalism CLE Guidelines and online portal. alism were created to encourage Geor- BY KARLISE Y. GRIER AND LESLIE E. STEWART gia lawyers to engage in self-reflection about the justifications of the practice GETTYIMAGES.COM/YURIZ

86 GEORGIA BAR JOURNAL of law in our society and to consider the Melton generously provided invaluable the practice of law.”6 Applying for pro- implications of those justifications for feedback and guidance when needed. fessionalism CLE credit to ensure that their conduct.1 To that end, the manda- Countless versions of proposed this “ultimate hallmark” is nurtured and tory continuing legal education (CLE) guidelines were exchanged between encouraged is now easier, simpler and rules require all active Georgia lawyers the working group and Commission faster as a result of the revised Profes- to complete one hour of professionalism members. After discussions at Commis- sionalism CLE Guidelines and online por- CLE each year. sion meetings and thoughtful reflection tal. For more information on the revised From the inception of the program about comments from stakeholders on guidelines and the new portal, please visit until June 30, 2019, the former profes- various drafts of the proposed guide- cjcpga.org/professionalism-cle-guidelines sionalism CLE guidelines remained in lines, the Commission approved the or contact the Commission at 404-225- force with only minor modifications; revised Professionalism CLE Guidelines 5040. It is our hope that the changes will those guidelines, along with appendices, at its May 3 meeting. As a result, the assist both CLE sponsors and individual consisted of 86 pages. In 2018, a CLE Commission believes that CLE spon- attorneys who are seeking professional- working group of the Commission un- sors and individual attorneys now have ism CLE credit. l dertook the project of reviewing and re- a set of guidelines that provide clarity to vising the guidelines. Numerous meetings everyone seeking professionalism CLE of the working group took place under credit. The revised Professionalism Karlise Y. Grier the leadership of Commission Member CLE Guidelines took effect on July 1 Executive Director Rebecca Grist, solicitor general, Macon- and are available on the CJCP website.2 Chief Justice’s Commission on Professionalism Bibb County, who served as the chair. One of the most noteworthy addi- [email protected] Prof. Patrick E. Longan, William Au- tions to the revised Professionalism CLE gustus Bootle Chair in Professionalism Guidelines is found in Rule 6, which cre- Leslie E. Stewart and Ethics, Mercer University School of ates a narrow exception for CLE train- Contract Attorney Law, served as the scribe. Longan, who ings on substantive law. Under Rule 6, Chief Justice’s Commission has written extensively about legal pro- if a substantive law CLE presentation is on Professionalism fessionalism, was instrumental in taking a held for the purpose of training lawyers to fresh look at the guidelines. His scholarly enable those lawyers to perform pro bono viewpoint enabled him to radically con- services, professionalism CLE credit may Endnotes dense and simplify the guidelines into a be available. This addition responds to the 1. See Chief Justice’s Commission on six-page written document. During the Commission’s charge to examine ways of Professionalism, Lawyer’s Creed at Lines process, Longan graciously provided making the system of justice more acces- 43-44, http://cjcpga.org/wp-content/ several drafts of the proposed guidelines sible to the public.3 uploads/2018/08/2-Lawyers- until the Commission reached a final The application process for profes- CreedAspStatement-v-2013-Line- Number-v6-5-18.pdf (last visited July 12, consensus on the language of the guide- sionalism CLE credit is also in the midst 2019). lines. Supreme Court of Georgia Justice of change. The former procedure re- 2. See Chief Justice’s Commission on Sarah Hawkins Warren’s thoughtful quired sponsors to apply twice: once to Professionalism, Professionalism comments and help in building consen- the Commission on Continuing Lawyer CLE Guidelines, http://cjcpga.org/ sus were invaluable contributions to the Competency (CCLC) and again to the professionalism-cle-guidelines (last work. Additional members included Ad- Commission. Understandably, confusion visited July 12, 2019). woa Ghartey-Tagoe Seymour, assistant ensued, but technology has come to the 3. See Bar Rule 9-102 (B) (2). general counsel, Cox Enterprises, Inc., rescue. Going forward, CLE sponsors 4. See State Bar of Georgia, CCLC Forms and R. Kyle Williams, partner, Williams will apply just once for all types of credit and Fees, CLE Sponsor Information, Teusink, LLC. Both Seymour and Wil- through an online portal developed by http://www.georgiabar.org/CLEPortal liams added constructive feedback based CCLC under the leadership of Director (last visited July 12, 2019). 5. The Commission will next work with the on their perspective as busy practicing DeeDee Worley.4, 5 CCLC on a portal for individual attorneys lawyers who have helped plan and who In creating the Commission, the Su- seeking credit, including professionalism have attended professionalism programs. preme Court of Georgia recognized pro- credit, for a CLE activity. In addition, Chief Justice Harold D. fessionalism as the “ultimate hallmark of 6. See Bar Rule 9-101.

2019 AUGUST 87 GBJ | In Memoriam

In Memoriam honors those SAM W. CHAWKIN JAMES R. MCKAY CARL H. SWICKERATH members of the State Bar of Atlanta, Georgia Rossville, Georgia Gulfport, Mississippi Georgia who have passed Emory University School Woodrow Wilson College Chicago’s John Marshall away. As we reflect upon the of Law (1974) of Law (1984) Law School (1979) memory of these members, we Admitted 1974 Admitted 1984 Admitted 1984 are mindful of the contribu- Died May 2019 Died April 2019 Died June 2019 tions they made to the Bar. JAMES J. FASON III JOCELYN MARIE MOORE KARA LYNN THOMPSON Each generation of lawyers is Kennesaw, Georgia Athens, Georgia Atlanta, Georgia indebted to the one that Mercer University Walter Tulane University School Georgetown University precedes it. Each of us is the F. George School of Law of Law (2010) Law Center (1999) recipient of the benefits of the (1986) Admitted 2010 Admitted 1999 learning, dedication, zeal and Admitted 1986 Died June 2019 Died June 2019 standard of professional Died May 2019 responsibility that those who G. CAREY NELSON III JAMES B. WALL have gone before us have WILLIAM M. FLEMING JR. Cartersville, Georgia Augusta, Georgia contributed to the practice of Augusta, Georgia Stetson University University of Georgia law. We are saddened that they University of Georgia College of Law (1977) School of Law (1974) are no longer in our midst, but School of Law (1950) Admitted 1977 Admitted 1974 Admitted 1950 Died March 2019 privileged to have known them Died May 2019 Died March 2019 and to have shared their JOHN ALFRED ROBERTS THOMAS RAY BLACO friendship over the years. FRANCIS N. FORD Gainesville, Georgia WARDELL Eatonton, Georgia Atlanta’s John Marshall Atlanta, Georgia University of Georgia Law School (1991) Harvard Law School (1966) RUPERT M. BARKOFF School of Law (1989) Admitted 1991 Admitted 1995 Atlanta, Georgia Admitted 1989 Died June 2019 Died June 2019 University of Michigan Died June 2019 Law School (1973) ROBERT T. RUSSELL DONALD E. WILKES JR. Admitted 1973 W. RUSSELL HAMILTON III Roswell, Georgia Athens, Georgia Died June 2019 Port Saint Lucie, Florida Woodrow Wilson College University of Florida Levin Mercer University Walter of Law (1956) College of Law (1969) JOHN F. BEASLEY SR. F. George School of Law Admitted 1956 Admitted 1972 Fair Play, South Carolina (1975) Died May 2019 Died June 2019 Emory University School Admitted 1975 of Law (1963) Died November 2018 RAYMOND MONROE BARRY HOPKINS WOOD Admitted 1963 SCHWARTZ Douglasville, Georgia Died April 2019 MICHAEL R. HORTEN Atlanta, Georgia Woodrow Wilson College Smyrna, Georgia Emory University School of Law (1987) KAREN B. BRAGMAN Columbia University Law of Law (1953) Admitted 1988 Atlanta, Georgia School (1971) Admitted 1952 Died March 2019 Wayne State University Admitted 1975 Died March 2019 Law School (1979) Died March 2019 JAMES M. WOOTAN Admitted 1983 BARRY L. STEINBERG Macon, Georgia Died May 2019 ROLF ANTHONY JONES Augusta, Georgia Mercer University Walter Jonesboro, Georgia University of Georgia F. George School of Law PRICE HUGH CARROLL North Carolina Central School of Law (1977) (1969) Carrollton, Georgia University School of Law Admitted 1977 Admitted 1969 Emory University School (1996) Died June 2019 Died April 2019 of Law (2003) Admitted 1996 Admitted 2003 Died May 2019 J. DOUGLAS STEWART RICHARD L. WYATT JR. Died December 2018 Gainesville, Georgia Washington, D.C. RICHARD T. KLINGLER Emory University School Emory University School CATHERINE BARBARA Chattanooga, Tennessee of Law (1962) of Law (1979) CHAPMAN Southern Illinois Admitted 1962 Admitted 1979 Tallahassee, Florida University School of Law Died May 2019 Died November 2018 Florida State University (1978) College of Law (1998) Admitted 1982 Admitted 2001 Died February 2019 Died May 2019

88 GEORGIA BAR JOURNAL 2019 AUGUST 89 OBITUARIES

Jon Douglas Stewart, 80, passed away in May. He Donald Eugene Wilkes Jr., 74, passed away in was born in Chicopee, Georgia, on Sept. 8, 1938. He June in Olympia, Washington. Wilkes was born in received his B.A. from Emory University in 1960 Daytona Beach, Florida, the son of Donald Eugene and his LL.B. from Emory University School of Law Wilkes Sr. and Betty Frances Verdi DeSimone. in 1962. Wilkes received his B.A. in history from the Uni- After his admission to the bar in 1962, Stewart was versity of Florida in 1965 and his J.D. from the Uni- an active partner for 50 years in the firm of Stewart, Melvin & Frost versity of Florida Levin College of Law in 1969. Following law in Gainesville, Georgia. His excellence as an advocate for his clients school, Wilkes clerked for Hon. Ben Krentzman, U.S. District Judge earned him the honor of “Georgia Super Lawyer.” in the Tampa Division of the U.S. District Court for the Middle Stewart’s vast involvement and service to the both the State Bar District of Florida. In one of Wilkes’ greatest achievements, he of Georgia and the American Bar Association exhibited a commit- assisted Judge Krentzman in researching and writing orders in a ment to professionalism and service. Stewart served as the president nationally-renowned case that would desegregate the public schools of the State Bar of Georgia (1981-82) and as president and vice- in and around Tampa, and would see the governor of Florida held president for the Board of Trustees of the Georgia Bar Founda- in contempt for defying the court. tion (1983-93). In 1992, in recognition of his service, professional- Beginning in 1971, at the age of 27, Wilkes became a law profes- ism and integrity, Stewart received one of the State Bar’s highest sor at the University of Georgia School of Law in Athens and taught accolades, the Distinguished Service Award, and in 2018, he was for more than 40 years. In 2013, he was made a Professor of Law awarded the Thomas O. Marshall Professionalism Award. Emeritus and remained so until his death. Stewart served in the House of Delegates of the American Bar In addition to teaching, Wilkes authored more than 325 published Association for many years, as well as serving a three-year term works, including books, law review articles, historical accounts, book representing the Sixth District on the Board of Governors of that reviews and, most significantly, two treatises on habeus corpus, in organization. He is Life Fellow of the American Bar Foundation. which he remains one of the world’s leading authorities. He also As a member of the Gainesville Kiwanis Club, Stewart was conducted extensive research and was published on other topics of awarded the Workhorse Award. He was a regular and active par- historical and legal significance, including the trials at Nuremburg, ticipant in local theater and musical productions and was actively in- the Dreyfus Affair, the Leo Frank case, the Glorious Revolution, 4th volved in the First United Methodist Church of Gainesville, teach- Amendment protections against illegal searches and seizures, the John ing various Sunday School classes, singing in the choir and serving F. Kennedy assassination and the evils of fascism and the Nazis. as chairman of the church’s administrative board and a member of Outside of the law school, Wilkes was an advocate for human the building committee. In addition, Stewart was one of the primary rights in the community and marched in protest against war, cor- reasons for the success of the Georgia Court-Appointed Special Ad- ruption, inequality, police brutality and the death penalty. He wrote vocate Program, both statewide and local. He was also a member of articles for local papers to challenge abuses of power by the state, the Chattahoochee Country Club. l and he was a regular speaker at the Athens Human Rights Festival. l

In Memoriam In Memory of Chief Justice In Memory of J. Douglas Stewart Contributions to P. Harris Hines Tanya and Stanley Applebaum Robert and Maggie Brinson Robert and Maggie Brinson the Georgia Bar Kristine Brown Foundation In Memory of C. Truitt Martin Jr. Paula Frederick Dunn Stapleton Denny C. Galis Charles Lester Jr. In Memory of Samuel A. Murray Jr. Thomas and Alice Ann Mundy Mr. and Mrs. Wade H. Coleman Patrick T. O’Connor *Unless otherwise directed The State Bar of Georgia by the donor, In Memoriam Donna C. Willard contributions will be used In Memory of Marvin “M.T.” Simmons for the Fellows program of Robert and Maggie Brinson the Georgia Bar Foundation.

88 GEORGIA BAR JOURNAL 2019 AUGUST 89 GBJ | CLE Calendar

AUGUST

15 ICLE: Green Lights and Red Flags: 13 ICLE: Social Media and the Law Rules of the Road for Business Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 18 ICLE: Advanced Storytelling 16 ICLE: Nuts and Bolts of Family Law and Persuasion Skills for Lawyers Savannah, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 16 ICLE: Administrative Law for Attorneys 19 ICLE: Nuts and Bolts of Family Law Atlanta, Ga. | 6 CLE Atlanta, Ga., and via satellite in Savannah and Tifton, Ga.| 6 CLE 20 ICLE: Group Mentoring Atlanta, Ga. | 0 CLE 20 ICLE: Fighting the Good Fight Atlanta, Ga. | 6 CLE 23 ICLE: Jury Trials in Divorce Atlanta, Ga. | 7.5 CLE 20 ICLE: Medical Malpractice Bootcamp Atlanta, Ga. | 6 CLE 29 ICLE: Trial of Leo Frank Marietta, Ga. | 2.5 CLE 26–27 ICLE: Solo and Small Firm Institute Atlanta, Ga., and via satellite in Savannah 30–31 ICLE: Urgent Legal Matters and Tifton, Ga. | 12 CLE Jekyll Island, Ga. | 12 CLE

SEPTEMBER OCTOBER

5 ICLE: Nursing Home Litigation 3 ICLE: Zoning Law Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 5-6 ICLE: Truck Wreck Cases 3–5 ICLE: Workers’ Compensation Law Institute Atlanta, Ga. | 12 CLE Jekyll Island, Ga. | 12 CLE 5–7 ICLE: Intellectual Property Institute 4 ICLE: Class Action Amelia Island, Fla. | 6 CLE Atlanta, Ga. | 6 CLE 6 ICLE: Punitive Damages 4 ICLE: Premises Liability Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 12 ICLE: RICO (Racketeer Influenced 10 ICLE: Title Standards and Corrupt Organization Act) Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 10 ICLE: VA Accreditation 12 ICLE: Secrets to a Successful Plaintiff’s Atlanta, Ga. | 6 CLE Personal Injury Practice Atlanta, Ga. | 6.5 CLE 11 ICLE: 15th Annual Family Law Seminar Augusta, Ga. | 6 CLE 13 ICLE: Georgia Appellate Practice Atlanta, Ga. | 6 CLE

90 GEORGIA BAR JOURNAL 2019 AUGUST 91 Note: To verify a course that you do not see listed, please call the CLE Department at 404- 527-8710. Also, ICLE seminars only list total CLE hours. For a breakdown, call 678-529-6688. For ICLE seminar locations, please visit www.gabar.org.

11 ICLE: Advanced Health Law Atlanta, Ga. | 6 CLE 17 ICLE: 5th Annual Not Your Everyday Custody Case Atlanta, Ga. | 6 CLE 17 ICLE: U.S. Supreme Court Update Atlanta, Ga. | 6 CLE 18 ICLE: 34th Privacy and Technology Law Institute Atlanta, Ga. | 8 CLE 22 ICLE: Beginning Lawyers Program Replay Atlanta, Ga., and via satellite in Savannah and Tifton, Ga. | 6 CLE 23 ICLE: Family Immigration Law Atlanta, Ga. | 6 CLE 24 ICLE: Succeeding in Family Law Hearings and Trials LABOR DAY WEEKEND Atlanta, Ga. | 6 CLE 25 ICLE: Securities Litigation and Regulatory INSTITUTE Practice Atlanta, Ga. | 6 CLE 25 ICLE: Basic Fiduciary Law 101 Aug. 30-31 | Urgent Legal Matters | 12/1/2/6 Macon, Ga. | 6 CLE ICLE: 25 Civil Prosecutions of DUI and Dram Attorneys in attendance will earn Shop Cases in Georgia Atlanta, Ga. | 6 CLE 12 CLE hours including 1 ethics hour, 2 professionalism hours and 6 trial hours. 31 ICLE: Expert Testimony in Georgia Atlanta, Ga. | 6 CLE

For information and to register, visit www.gabar.org/ICLEcourses.

90 GEORGIA BAR JOURNAL 2019 AUGUST 91 GBJ | Notices

Notice of Motion to Amend the Rules and Regulations of the State Bar of Georgia

No earlier than 30 days after June 13, 2019, the publication date of this Notice, the State Bar of Georgia will file a Motion to Amend the Rules and Regulations for the Organization and Government of the State Bar of Georgia (Motion 2019-2) pursuant to the order of the Supreme Court of Georgia dated December 6, 1963, (219 Ga. 873) and amended by subsequent orders, and published in the State Bar of Georgia Handbook (www.gabar.org/barrules/). The exact text of the proposed amendments can be found on the State Bar of Georgia’s website at www.gabar.org/motiontoamend/ CAP. 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, Georgia 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 of Court of Appeals for the Eleventh Circuit, 56 Forsyth St. NW, the United States Court of Appeals for the Eleventh Circuit. The Atlanta, Georgia 30303 (phone: 404-335-6100). public comment period is from Aug. 6 to Sept. 6, 2019. 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 Aug. 6, 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 Sept. 6, 2019.

92 GEORGIA BAR JOURNAL Notice of Motion to Amend the Rules and Regulations of the State Bar of Georgia

No earlier than Aug. 12, 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 2019-3) pursuant to the order of the Supreme Court of Georgia dated December 6, 1963 (219 Ga. 873) and amended by subsequent orders, and published in the State Bar of Georgia Handbook (www.gabar.org/barrules/). The exact text of the proposed amendments can be found on the State Bar of Georgia’s website at www.gabar.org/ motiontoamend/JDPP. 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, Georgia 30303

Jeffrey R. Davis Executive Director State Bar of Georgia

2019 AUGUST 93 Do Outside Your Comfort Zone.

“Ninety percent of the people I interact with every day are lawyers. Pro bono work ex- pands my thinking and sharpens my creativity – valuable skills in routine practice and in life. It also broadens my capacity to navigate issues outside of my practice areas. I use those skills to help people who need legal assistance but cannot afford it. I receive much in return from these experiences.” — Alexandria Reyes, Esq., Volunteer with Kids in Need of Defense (KIND); ACLU of Georgia; Latin American Association

The cause of justice requires an army of volunteers. Answer the call. Do Pro Bono. Because You Can.

#volunteerstatebarga duejusticedo50.org

*Rule 6.1 Voluntary Pro Bono Public Service: A lawyer should aspire to render at least (50) hours of pro bono publico legal services per year… In addition, a lawyer should voluntarily contribute financial support to organizations that provide legal services to persons of limited means. No reporting rules or requirements may be imposed without specific permission of the Supreme Court granted through amendments to these Rules. There is no disciplinary penalty for a violation of this Rule. SUICIDE AWARENESS & PREVENTION

The State Bar of Georgia’s suicide awareness campaign has a dual purpose, directed toward lawyers and judges who are suffering from anxiety and depression and may be at risk for suicide, as well as all Bar members, who need to recognize the severity of the problem and be able to identify warning signs among our colleagues.

LEARN MORE AT: www.gabar.org/suicideawareness

ATTORNEY COACHES ARE NEEDED FOR HIGH SCHOOL TEAMS THROUGHOUT GEORGIA Serve as a mentor to a team in your area and make a positive impact in your community. CLE credit is available for coaching a mock trial team! For more information on coaching a team, contact the mock trial office before Sept. 27 at 404-527-8779 or [email protected] | www.georgiamocktrial.org Volunteer forms and a list of teams statewide who are in need of coaching assistance may be found under the Volunteer section of the mock trial website.

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2019 AUGUST 95 GBJ | Classified Resources

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Has Georgia’s Department of Behavioral Health and De- Audience for velopmental Disabilities or Department of Community Health through the GMCF denied your client IDD waiver funding due to diagnostic ineligibility? The denial decision may be errone- Your Services? ous. Perhaps consultation is worth seeking from a licensed psy- Advertisers are discovering a fact well chologist with specialized expertise and decades of experience in- known to Georgia lawyers. If you have volving thousands of IDD eligibility determinations. IDD waiver funding supports those with specific severe developmental dis- something to communicate to the abilities: intellectual disability, autism, cerebral palsy, epilepsy, lawyers in the state, be sure that it is TBI, and some others. Contact Dr. Joseph Dix at 470-307-6784 published in the Georgia Bar Journal. or [email protected]. Initial discussion of your case is free.

Position Wanted Contact Ashley Stollar at 404-527-8792 or [email protected]. PI Associate Attorney-Personal Injury Law Firm is seeking junior associates and experienced associates in the Jackson- ville and Gainesville, FL area with 0-5 years of PI experience for entry level personal injury position. Energetic self-starters with great written and verbal communication skills is a must. Military Veterans given preference but not required. If you are highly motivated to do great lawyering for your clients, aren’t afraid to pay your dues and want excellent professional development and earnings potential, then send detailed cover letter (explaining your desire to represent the injured and your willingness to pay your dues) along with resume AND references to [email protected]. Compensation commensurate with experience. If you are not serious about your legal career and willing to pay your dues, then do not apply.

Advertisers ETHICS DILEMMA? Index Lawyers who would like to discuss an ethics dilemma 1 Member Benefits, Inc. with a member of the Office of the General Counsel staff should contact the Ethics Helpline at 404-527- 81 Morgan & Morgan 8741, 800-682-9806 or log in to www.gabar.org and Business Trial Group submit your question by email. 69 Warren R. Hinds, P.C.

96 GEORGIA BAR JOURNAL it’s time to JOIN A STATE BAR SECTION

The State Bar of Georgia’s 51 sections provide newsletters, programs and the chance to exchange ideas with other practitioners. Section dues are very affordable, from $10- $35. Join one {or more} today by visiting www.gabar.org > Member Login > Section Membership > Join Sections. Questions? Email Sections Director Mary Jo Sullivan at [email protected]. We want to hear from you.

What are your thoughts about the legal profession in Georgia

What’s one thing the Bar could do to make the practice of law easier for you

Let us now wat ou tin. Email [email protected] with #ShapeTheBar as the subject line or send us feedback via social media with the tag #ShapeTheBar.