t'vfO\' 5 kJov 2R Who Did Shakespeare? A Whodunit for Lawyers CLE Calendar 1998 Update: Hazardous Waste •s\,ccccding As a \\'oman Arh·oeate: of Events Superfund and Hrownlields A N:~tiun:~l Galht'ring. by John Land McDavid Redevelopment. !"viC School of Law/ ABA Satdli1e April 22 MC School of l.aw/AI J-i\BA. Seminnr. 925-7173 Lawyers have a ~pecial interest in Seventeenth Earl of Oxford (1550- controversy. The ]ale Gertrude C. i\'Iississippi l.ahor & EmploJment 925-7171 the works of Shakespeare. Some even 1604). Of this f()ursome, both l'rancis Ford, wife of long-time member Law. believe Shakespeare was written by a Hac()n and Edward De Verc were Aaron Ford, wrote a hook in 1964, NBI. 71.'i-tD5-7909 A1ay 12 lawyer. lawyers. titled A Rose by Any Nanll', thai al Clean Wah~1· Act. Because \vrillen and spoken words Bacon, adrnitkd lo the bar age advanced an argumem in favor or AJiri! 23 MC School of Law/ABA Satclli1c are the tools-irHrade of the legal pro 21, served as English solicitor general, DeVere. (The Gertrude C. Ford Annual Spring Employl~c Benefits fession, some lawyers consider a auorney general and other high legal Foundation recently dona1ed twenty Law & J>radice llfldatc. Seminar. knowledge of Shakespeare-along with posts. DeVere obtained his legal edit million dollars to Ole !"vi iss 1oward a MC School of L;tw/ALI-ABA CJ25-7!TI the King James Version of the Biblc calion al"tcr receiving degrees from performing arts center.) Y25-717?o AJay 15 e~scnlial knowledge for the practice ol" Cambridge ami Oxford Universities Now comes the Interne! to both li1- 2nd Annual Will & l'robatc Apri/24 law. Besides acquiring knowledge of while still in his 1ecns. Both stndicd crally and figura1ivcly propel the con· 1998 Tax Clinic, The 1\lississippi Seminar. the English language. lawyers also law at Gray's Inn. troversy iulo the 21'' century. Today, Bar Taxation Section. UM-CLE. 60!-232-721-:2 have a keen interest in Shakespeare Even television and other 20"'ccn simply by typing in search words, 948-4471 because his plays and sonncls contilin lury electronic distn1ctions lwve no1 "shakespeare who wrote," 1he modern /vloy /9 so many accnratc rckrell(.:Cs In 1hc slillctlthc li1erary debate. Consider the inquirer easily can locate numerous April 24 HCBA Calendar l\lississippi Forcdmmrc and law, lawyer~. and law cuurts. February 1959 issue of1he Anterican websiles devoted lo all sides of the l\'lississippi Oil & Gas Law Institute Repossession. of Events While you rnay know Shakespeare. Bar Association Journal, in which argument. Tenth Triennial Seminar N HI. 71."-i-SJ'i-7909 you may not be aw~tre of tlw coulro Chicago lawyer Richard Bentley Por those who still prefer 1hc print Crownc Plaza HoteL 948-1800 April 21 May 20 vcrsy surrounding the authorship of argued in favor of Marlowe, DeVere, ed page, three hooks are recommend llCHA l\.Jembcrship Meeting. April 24 Annual Spring Estate !'Ianning his works. Even if you arc, do you and Bacon. ed. One is John Michell's aforemcn·· Noon. Capital Club Supreme Court Update featuring Practice Update. care? If you care, do you care Ycry Bentley's opinion provoked pas lioned \VIro Wmlc Shakespl'ure?. The Charles Whitehead. tvlC School of l.aw/AU-ABA. May 7 much"! sionntc and learned responses from others arc Charlton Ogburn's J1w lllVI--('LE. 601-2:12-7282 925-717:1 Law Week Dinnc1: Doubts thai plays and sonne1s of o1hcts in the leg;tl profession who sup Mysterioru William Shake.\"fH'arc "An Evening Honoring the "Shakespeare" were not written by ported Sltakcspeare of Stratford-on- ( 19R4) and Joseph Sohran's Alias April 2R 1'vfay 21 Judiciary" William Shakespeare of S1ratfon1-on Avon. So many articles and leiters Slrake.IJU'are ( 1997). Workplace Harussmcnt Litigation Planning fm·l>istl"ihutions from 6:30. Primos Northgate Avon have existed for more than 150 poured in from all sides thai a single So, if you're tired of reading fic Update: Claims Based on Sex, Race Qualified Plans and IHAs. years. These have hecn shared by such hardcover edition eventually was tional ddcr.:tivc mysteries and watch & Disability. MC School of Law/ALI-ABA. June 16 leading figures as Ralph Waldo required to contain them all. Titled ing the crime-of-lhc~weck on televi ,\11(' School ofLaw/1\/J-ABA. 925-7173 IICBA Membership Meeting:. Emerson, Walt Whitman, l"vtark Twain, "Shakespeare Cross-Examination,'' sion talk shows, why no! consider 925-7173 Noon. Capita! C!uh May 22 Sigmund Freud, Orson Wells, and II. the compilation required a second wha1 Michell call.~ a "perfect mystery, A1ay I Mississippi Tort Jmnmnity. August /8 L. Menchcn. printing. dangerously addictive." Who knows, 3rd Annual Debt Collection The ivlississippi Bar HCBA Mcmhcr.~hip Meeting:. In fact, Shakespeare's accuracy in Even the Hinds County Har has you just might come to care very Seminar. l-itigation/General Practice Sec1ion. Noon. Capital Club legal re!Crences has caused some !o something of a relationship to the nnrch nbout "who wrote UM-CIJ!. 601-232-7282 948-4471 suggest that his writings nnrst he the producl of a trained lawyer. In a 1096 hook entitled Who \Vmle Shaki'.IJH'are? .lolnr Michell quotes the VicttJrian-era l.onl Chancellor, Lord President's Column Campbell. as saying the Shakespeare's conlinuerl.fiwn tmxe I law is "inherent and infallible." HCBA A spring social is being plarmed fqr and the Board of Direcwrs. Thanks to According 1o Michell, Lord Campbell late April or early May. It would he nice each of you for all your hard work! State Court Practice Seminar: Mississippi College added: "'While novelists and drama to have a joint event with the Central Thanks also 10 Past President Harris lists arc constantly making mistakes as "A Day with the Judges" School of Law Mississippi division of !he Magnolia Collier tt)r his guidance and helping to the law of marriage, of wills and Bar Association nnd we hope to do just Upcoming CI,E Seminars inheritance, to Shakespeare's hand. A special !hank.~ goes to HCBA Six Hours of CLE 1hat. De1ai!s will he provided as soon as law ... there can he neither demurrer, Executive Director, l'il! Evans, without (One Hour of Ethics) Bask Bankruptcy Seminar arrangements are complete, whom it would no! he possible to per MS Sports Hall of Fame bill of exception, or· writ of error." Orr a final no1c, thank you for allow form this job. We arc so very fortunate Jackson, Mi~sissippi Other than Shakespeare of Friday, May 1, 1998 ing me to serve the HCBA this pas! 10 have Pat and (hope when you gel an Thursday, May 28, 1998 Stratford-on-Avon ( 1564-161 6), lead year. I've tried hard In help meet the ing c;mdidates for the title of Greatest opportunity that you will express your For information, call Pat Evan~ at 969-6097 6 hours ofCLE Credit objectives of our organiza1ion- to serve Writer in the English Language appreciation to her. Thanks also to the lawycrs,jmlges and public in our I hour Ethics include Sir Francis Bacon (1561- those of you who have given an encour membership area. The real work, how. 1626). Chri~topher Marlowe (1564- aging word from time to time to nre and For Information, Please Call: ever, was performed by the 1593), and Edward DeVere, the the other HCBA Bmtrd rllCrllbcrs. (601) 925+7173 Committees, tile Commi1tee Chairmen,
2 ' \ On Computing In Joel Howell Electronic tiling is coming, sooner rathct· than later. In lkccmher, Microsoft, CH()ICE copies or pleadings, orders, and other service by certified mail, messenger, lufonnation Systems, PC DOC'S, and documeuts electronically filed, either overnight delivery services and fac HCBA Election Results Focus Systems
----····--·· 4 ··----- People's Law School Committee Law Schools Release Class of '97 Employment Data ''Y Dm•id L. Trewolfa
The Mississippi College School of Law and University of EMPI,(WMENT AREAS lvtississippi [ .aw Center have released a variety of informa Mississippi College University of Mi~sissippi tive stal istics about postgraduate employment of each School of l.aw School of Law school's Cla~s of 19~)7. This data is not fully available until O'k <1t least six month<: after graduation because of student New England (CT, ME, 1% involvement with bar examinations and job interviews. cl-hc MA, NH, Rl, VT) following breakdown, arranged by percentage or students Middle Atlantic 1'Jh Wk employed in specific practit:e areas, applies to 121 law grad (NJ, NY Pi\) uates of l'vtississippi {~ollcge and 139 graduates of Ok Miss l'k comprising the Clnss of !997 (graduates from December East Norlh Central 7% l996through August 1997): (IL, IN, MI. OR, WI) West North Central 2cy,, I 'k (lA, KS, MN, MO, Mississippi College University of NE, ND, SJ)) School of Law i\1ississippi School of Law South Athwtic (DE, DC, I Wi!> Private \'radicc (J57o FL, CiA, MD, NC, Business & Industry (/;i- SC, VA, WV) R4.5% (]ovcrn1nent X% East South Central 60% (AL. KY, l\,tS, TN) Several of tlw COII/1/Jiftr'l' nwmhcrs 1\'ho .w:n·er! on the /9YR Peopk 's I Jt\1' .\'dwof Committee uw: (seated) h'/izahetfl Haine. Judicial Clerksl1i1} 16'/h Chairman Johnllewgan, \lice Clwirman Mitz.i /Jea.\'i' Paige, John f.'fynt, (standing) John McCtdfouch, Michael!larltlllf;, West South Central X% 6.5'/r} <1'/,J lc:mcst1ityfor and JJcanne Mosfev. Public Interest (AR, 1./\, OK, TX) ,,, Military (JAG) 2 ,. Mountain (AZ, CO, lD, 2'!(, 1'lr} Professional Affiliations: LL.M. 5'/!J MT, NV, NM, IJT, WY) l'ft, FORENSIC Audio Engineering Society, Unidentified 7% Pacific (AK, CA, Ill, ]'}{, Acoustical Society of America, or Non-l.cgall'rofession OR, WA) TAPE SERVICES American College of Forensic Examiners, American Board of forensic Examiners(Diplomate), Perhaps of more interest, the mediau starting salary for International Association for Identification, The majority of those e11tering private practice arc work graduates entering private practice and business is $41 ,000, ENHANCEMENT of Poor Quality National Association of Criminal Defense Lawyers, ing in firms comprised of two to ten lawyers. mul Jix those entering the government arena is $31,000. The Recordings: Background noises reduced, voices Technical Advisory Service for Attorneys Moreover, 3'/r.- rrom MC and 7'lo from Ole Miss have median judicial clerkship salary is $34,145. Law firm made more inlelligible, etc. become solo practitioners. Those in government employment salaries range from a !ow nf S2r1-,000 to a high of $RO,OOO. include positions as assistant district attorney, public defend QUALIFIED AS AN EXPERT Considering the national trend toward private firm and AUTHENTICATION of Questioned Recordings: er and with the Department of Human Services. Graduates INSTATE AND corporate personnel rcductious in a tightening marketplace Tapes tested for editing, tampering, originality. etc. working in business arc employed by hanks, accounting FEDERAL COURTS for law graduates, the above statistics reflect highly upon the firms, ti!le companies and a sports marketing agcney. Those product generated by Mi<:sissippi's law schools. Career COURTROOM PRESENTATIONS: gr<~duate CV. References, & seeking advanced degrees are in medical school, Services Directors Joyce Whittington of Ole Mis~ and Peggy Evidence recorded onto Compact Disc and or digital computer Fee Schedule Available school, and tnx LLM. program~. One Ole Miss graduate has Brown of Missi~sippi College arc again to be applauded for system for immediate recall and playback of any selection. Upon Request earned a f11ll LL.M. fellowship at Kuushu University in success in finding quality employment for their students. Fukuoka, Japan. The JAG Corps members arc currently sta The Hinds County Bar Association extends its congratula CONSULTATION on Audio and Tape-Related matter tioned in the United States with the U.S. Army and Air tions and best wishes to 1hc 1997 graduates and cordially Also Porce. invites for membership those who have located in the PRIVATE INVES17GATIONSc Although these graduates have primarily located in AUDIO & VIDEO TAPE COPYING & EDITING: Jaekson area. From any format to any format. including Standard Cassette. \.·ticrocassette. Surveillance, !Vtississippi and other Deep South staks, the following is a countermeasures, more detailed analysis of their geographic locations based MiniCassette, OAT, CD. l'vliniDisc, VHS. S·VHS. VHS·C 8mm. Hi-8, Beta. and others. computer-tela ted evidence upon guidelines of the National Association of Law JAMES A. GRIFFIN Placement: (601) 353-7405 • Fax (601) 353-7217
7 ' \ HCHA Committee Preference Survey
Committees arc vita! to the programs und activities of the I fCBA. Committee elfcctivcne~s depends on the selection of inter ested. experienced and capable members. Bar committee work is an excellent way to do your part to promote the profession. Committees meet regularly, and a free lunch is provided. Please assist us by completing the questionnaire and returning it hy May I, 19'Jfl. Mark A. Chinn l'resident-l~lect
I. l am interested 111 serving on the following committees (indicated in order of preference):
i\ltcrnativc f)isputc Resolution l-ibrary Services
Bench & Bar Rdations Long Range Planning Black l.awyer Involvement Mcn1bership
Budget & Finance Ncwslcllcr Editorial 13oard
People's Law Schoo!
Child Advocacy Program
Ouch! ______Cnntinui ng Legal Education Small hrm l'ractin~ Look Closely At What You Pick (loJf Tournament Women in thc Prol"cssion Or You Could Easily Get Stuck. Law Related Education Suggested new commillees: !.ega! Economics
Everybody knows you get what you pay for. So when _____ Legal Problems of Homeless you're looking at malpractice insurance companies, measure more than just the cost. Protect yourself now with American 2. I am will in~ to chair the following committee:
National Lawyers Insurance ReciprocaL We're the company ------~-~--~- . that provides malpractice insurance coverage exclusively to lawyers.
We insure more than 10,000 lawyers. Let us show you 3. l offer these suggestions to make the IICHA more the advantages that convinced them. Call our marketing effective: department at 888-262-2104 for more information. Endorsed by the Hinds County Bar Association ami the University of Mississippi Law Alumni Chapter
---~~~ ------,., . AMERICAN ~ NAf!ONAL Name __ Firm/Agency __ ;(\., LAWYERS -~-~~~------",fiNSURANCE Address __ _ RECIPROCAL City______Stale ______Zip Ris!? Retention Group Telephone (Business), ______(Residence) __
jl.'fai! to: Patricia Evans, Executi\"e Din:ctor
9 February Membership Meeting Winner Lawyers Must Regain a Place of Honor hy Richard M. Gardella t\ pope once sought out an obscure parish pric~t to hear for nur honesty and integrity, not our dcvcrn~.:ss and in/hl the pontiff\ nmfcssion. An aghast church bureaucrat won encc. dered why the pope chose such a Jowly confc\sor. The wise Lincoln saw honesty as much a part of a lawyer\ stock· Church kader cxplai1Jed: "Because I wanted to relllind that in-trade as time and study. A judge before whom Lincoln priest of who he is." li·equently practiced said of the former rail-~plitter: "lllC I think it is time to remind lawyers of who they arc as pro framework of his mental and moral being was honesty, nnd a fessionals. wrong cause was poorly defended by him." It was a lawyer, with the help of other lawyers, who wrote When I was a cub reporter, I interviewed a IO."i·ycar-old the Declaration of lnckpendence- the single mn~t important former slave. When J a\kcd hiHI what advice he would offer dot-"llment in human f~<.:cdom 's nrscnal. And it was ;t bwy~.:r to people who wanted to Jive such a long life, I got no who Inter Jed this nation in a civil war and gave his life to ad\'ice, only wisdom. He snapped: "I don't !live advice. If prove that the words of that I kclnration meant wlta! they you give people the advice they want to hear, it won't help said. them. If )'(l\1 give them the advice they need, they'll hate It is also important to note that nearly two-third~ of this you for it." country's presidents have hcen lawyers. As lawyers, we cannot afford the luxury of that wisdom. None of !his should be surprising. Lawyers arc n:ntral to \Vc have to give the best advice we can, even if it makes our the operation of our dcnwcratic republic and the freedom it clients unhappy. We lllust keep our eye on problem-solving. offers its citizens. We should he the peacemakers. Alexis DcTocqueville. a young French magistrate whn But most important, despite a hu·gcly unfair public image, became famous as an observer of early American life, was we must not despair. We must be true to our profession. not an unabashed 10 II ·~"":______Jackson: Half Full or Half Empty ... One Year Later HCBA Legal Economics Committee by C(/pfain !:'qui(\' Report f~{ this Year's Actit•ities After several ycMs' absence, an Association of Legal Administrators It wa<> exactly one year ago that a Johnson, the City Council ignores the mayor during a City Council meeting. a frequent speaker on Internet applica column entitled, JACKSON: I !ALY advice of its own high-prieed consul Item: Somewhere 011t of all of this icono<•nll survey of the l linds County al the Old Capitol fnn on October 28, tion to busincsscs and professions. FULL OR HAl-l' t\MPTY? appeared tant (:).'i0,!B7to date) and voles the the oxymoronic term ·'black on black • 'I was completed under the leader JY97. Ikon Office Solutions presented John Land McDavid was program ill this spilCC. At the time, May J 997 contract down4-3 despite the fad that racism" is coined as a companion to of Jim Neeld, IV, who caused the a program on imaging equipment and chainnan. lllllllicipal elections were looming. Capital Cablcvision agrees to exceed the overused term "racially motivat~ techniques for the law oflicc . .Jim :~:;~:~~:,':"';~ to be broadened and Barry K. Joncs wrote an excellent The prospects for bringing an end to the City's targets for nlinnrity con ed." ij The survey was conducted Nedd, IV represented the Committee article on "'Preservation and the antics of the Jackson City Council tracts. Nn [ fistory Channel, no ESI>N- ltcm:.Iackson 's population hemor , the accounting finn of Grantham. in arranging this lllccling. Disposition of Client 1-'iles by 2, no fiber optics in sight; only an while cucrgit-ing municipal govern rhage continue; its tax ba<;e qcadily iRamtnll., Arrington --·········~- --·· ..... --·· ---- Trip Barnes Mike Moore, Attorney General of Mississippi to be Guest Speaker ORDER NOW! ' I Attends ABA at "An Evening Honoring the .Judiciary" TJ/E MJS.\'JSS/PPI JURY: LAW AND PRACTICE covers every conceiv Institute i'vlike Moore, iuvolved in child protertion and juve Oschner Award Relating: Smoking able issue involving Mississippi state court juries in civil a!lll criminn! cases. Attorney General nile justice issues. After fighting for :md llca\th by The Alton Osdmcr with citation to over l,OOO Missi~sippi Snpremc Court cases, by atlorncy John Joining some 250 other emerging of the State of two years, he was successful in get Medica! Foundation for his leader Cl. Corlew of Jackson, Mississippi. lc\ldcrs or 1\lwycr organinttiom fro!ll Mississippi, will ting a law p NRWSUi.TI'ER WHTORIAL UOA RD Special Guests: Richard ll·l"nlague Lin ------ Hinds County Har Association, Inc. 151 E. Uri rf!th Strcct Jackson, MS 3'J201 FlllSTCLASS ------~···· ··~ ·~ .. ~~~~····· -~~~~--- HINDS COUNTY BAR ASSOCIATION I MAKING OUR CASE FOR A BETTER COMMUNITY AlJGlJST 199S ·~----- -~--- Hinds County Lawyers Honored by Carol West Ya know, !like lawyer~. !like Keith Parsons of the lirrn of Watkins The Young Law yen; Division of The lawyers a lot I got reminded in Ludlam Winter & Stennis received the Mis~issippi Bar was equally laudatmy Sandestin of one of the chief rea~(llls "Mississippi Volunteer ],awyers Project of the service of llinds C01mty lawyers. why I like lawyers. l.awyers help peo President's Award." 1-le was recognized Mall Pcsm:ll of Phelps Dunbar took the ple. Lawyers even help people who are for his cl"forts in creating MSCORP, a "Outstandi11g Young Lawyer Award.'' not their clients. Hinds County lawyers pro-bono project which is co-sponsored The ''President's Special Award'' was arc e~peciHIIy good at this. by the Business Law Section of The shared by I ..cAnn Mcn:er of Butler The sm1 was hot in Destin and there Mississippi Bar; the ~:lississippi Snow O'tvlara Stevens & Cannadn and were not any bargains at th~: litclory out Volunteer I ,awycrs Project and the Frances Corley I"ynch, who has not kt rnall, so I went to the meetings. Mississippi <:enter for Nonprofits. been gone from Hinds County long Before long, I stal1ed noticing a patt~:rn MSCORI' provides business and COJ1)o enough to Jose our claim on her. Both as llinds County lawyers were consis rate legal services to non-profit charita of these women lawyers were recog tently recognized by their peers for out· ble and community corporations with nizl'tl ror their work with children and standing sen' icc to our community and limited funds by matching. such organi the law. YLD's "Liberty Bell Award" our profession. Keep reading and sec if zatioJlS with members of the Business went to Hinds County non-lawyer Sue you don't agree with me. Law Section who provide services in I lathorn, also for her work with chil The moM obvious Hinds County their area of practice on a pro-bono drcu. lawyer giving unstintingly of his time basis. Keith is general counsel and for Tomic Greene was rccogni7cd by was Reuben Anderson, nutgoing mer secretary of the Mis<;issippi Center the "Women in the Profession Com Mississippi Bar President. Lots of hill ror Nonprofits, an organi~atinn he mittee" for her service as a female able hours were sacrificed by Phelps helped to create to ~trcngthcn the non- lawyer in the Mississippi l_cgislature. Dunbar in al!owing him to provide prolit sector in Mississippi. Cmllimwd 011 !'age 2 energetic and wise leadership for our stale lawyers group. No one could dispute the appropri ateness of bestowing the Har's June Membership Meeting "Lifetime Achievement Award" on William t,: Winter. pa1tner in the finn of Watkins Ludlam Winter & Stennis. I won't waste time listing Uovemor Winter's yua]i tications for such an award. Ir you gr<:w up in Mississippi, you already know. If you did not, ask someone who did. Sharing the Bar's ··Distinguished Service Award" were Harold D. Miller, Jr. and Thomas h. Williams, both of the firm of Buller Snow ()'Mara Stevens & Cumada. Hal, a former IIC'BA President, is probably the strongest voice in Mississippi for Al!crnative Dispute Resolution; Tommy is also ;\ recmd crowd at the June Memben>hip MectinR heard Univen·ity ofMississippi I.aw heavily involved with this elfmt. Both Pn~(essorand {1)1)8-99 President o[Jhe Missi.l".l"ippi !Jm; Guthrie T Ahhott (center). of these fine lawyers arc well known for I ICUA Pre.1·ident Alark A. Chinn has plwmed this bar year /o fi)CI/S on pmf"essionali.lm. their work with their churches and for and Abbort's talk addn'ssed this issue. Ahhott is pir·ttm:d with Chinn and Harris II. the improvement of our community. Hames, Ill, HCUA f'n'sident-Eiect/Vicc President. HINDS COUNTY BAR ASSOCIATION LUNCHEON MEETING August 18, 1998 12:00 Noon Capital Club Lunch $10.00 CLE$5.00 Fonner Supreme Court Justice .James L. Robertson will present the CLE program, "l)rofessionalism - Problems in the Profession" Con/inned fi·om {'II (!I' I HCBA Calendar Election Results Leadership Meadowbrook Mart Announces 1998- 99 Program fiiftecn Jnckson lawyers achieved by Captain Equity their 50-Year Anniversary of memhcr of Events ship in The Missi~sippi Bar. This stellar Robert C. Grenfell won the special Over the past decade or so, we here *"Registered Voter (voting in actual intoxicated hillbilly look-a-likes to group includes: Samuel Emest August IR election for the position of Secretary in the Metro area have witnessed the elections not required) scare the children. Birdsong, Jr., Richard C. Bradley II, HCBA Membership 1\-kctin~ and maturation of an innovative communi * Not a member of the Kroth Treasurer and has joined the HCBA ~ Rdircd Fifth Circuit Judge Charles One Hour Ethics CLE. '~ Not a regular follower ofWWF Tentative 1998 99 Topics Bo;ml. ty development concept aim.:J a! Clark, Grover C. Clark, Jr., James NomL Capital Club grooming a cadre of educated and Wrestling or listener to Talk Hadio and Speakers William Cocke, Jr., Judge William informed t:itizcn kadcrs. Leadership between the hours of midnight and Topic: "\Vhy Oon 't }fm r;ct Your l.ozy Dewitt C\Jictnan, Alfred Nicols Cri~lcr, Auxust 28 Jackson, which was modeled aflcr 4:00 A.tvL Bull Out Of That Uecfiner Ami Get A Retired Mississippi Supreme Cmnt I:ICBAIJYL Golf Tournamcul. Law Firm Updates similar programs in Atlanta, Nashville * Not a graduate of other Metro lliMh l'ayinx Executive 1-'ositiol! A Chief Justice Dan M. Lee, W. Baldwin Noon. Decrl"icld Country Club and other progressive southern cities, lxadcrship Programs {Negotiable) Lloyd, Roland D. Marble, E. Dou Challenge To Underemployed sought to !nmsccnd the racial divide * $J5 Initiation Fee Atiss issippians" Moore, John H. Price, Jr., Sidney A. October 20 by bringing black and white profes Spcakl~r: Gov. Kirk hmlice Robinson, Jr., Tom B. Scott, Jr., ;md HCBA Mcmbershil> i\ileeting and About Leadership Baker, Donelson, Bearman & sionals togctlK~r for an intensive, year Earl Raymond Wilson. Reading these One Hour Ethics CJ ,E. Caldwell has announced that attorney long program of education and social Meadowbrook Mart (i\lfrrn ···----·------··· 2 Robertson to Present the August Cl;E Program On Computing At the August lundwon meeting, by .Joel Howell James L. (Jimmy) Robertson will pre sent the CLE program after lunch. He Doubtless you've heard about year prompt set the dale and time to !ion disk to your hard drive, which can will address the topic, 2000 problems. How docs thi~ concern December 3 I, 1999 at 11 :59, then turn be llseful if youuccd to change your "Professionalism- Problems in tlw you and your PC? Here arc a few the PC oO', Wail a few minutes, then setup. Profession." thoughts for guidance. turn it hack on. If it reports that the Once Windows 98 is installed a full Mr. Robertson is a shareholder in Years ago when RAM was expen date is January I, 2000, you're home installation c;ut he as much as 250 meg. the Jaw finn of \Vise Carter Child & sive, CPUs slow, .and hard drive expen free; otherwise, best read tltrther. However, you can give it extra room hy Caraway in Jackson. A native of sive, program coding had far more !im Another way of testing is to set your converting to the f<"AT32 file system. A Greenville, Mississippi, he graduated itations than today. A simple but dl"ec compnter's dntc ahcr Janumy I, 2000. couple of articles ago, consideration from the University of Mississippi tivc programming:. trick was to delete Turn the computer olf, then turn it back was given !o partition size and clusters. with a B.A. degree in 1962, and frorH the first two digits hom date items, on, and sec if it maintains the date Simply put, li/\T32 supports a smaller Harvard University with a J.D. degree thus making "193 I," "81." That foun input. If not, there's likely a problem duster size than the old IW!'l6 system, in 1965. He subsequently engaged in dation !cd to what we call today Year your system clock. which results in less wasted disk space. the private practice of law for eighteen 2000 (Y2K) problems. There arc also automated programs You can quickly determine if it's years, first in Greenville and thereafter Computers that arc not Y2K-com to check Y2K compliance. Visit worth your while to do so hy browsing in Oxford, Mississippi. www.RighTimc.com and download the net to www.microsoft.com/win Jimmy Robcr/,\"011 (center) is pictured utihe Ull/lllllfmeeting (4 the Missi.nippi nar plimll, at J2:00 a.m. on January I, From 1983 until I 992, Mr. 2000, therefore bdicve it's 12:00 a.m. Test2000.Zip. Unzip the file and read dows98/info/fat32.htm and download in Sande.\"/ in, Florida, chaffing wirh ( hJi) HCBA nwmba Jolm B. Clark r~(J(I(:kson Robertson served as Ju~tice on the Test2{XJ0Jxt, which will give you the the !IAT.n utility. Double clicking on am! (right) Court oj"Apperd1· Judge Jim Herring (!(Conlon. 1900. The mml probable result is a Supreme Court of Mississippi, and he system crash. protocol. If you arc using Windows the Fa02.exc file will extract il con authored a number of important opin Visiting Pr(JICssor of Law at Fordham American Bar Association, The A popular my!.h is that only main (who isn't by now?), go to a MSDOS tents, which you then can run on each ions while on the Court. He served as University. He is the author of numer Mississippi Bar, the Hinds County Bar frame computers may have Y2K prob prompt, then run test2000.cxe. It will hard drive on your system. For exam either an adjunct or a fu!l-timc ous publications in scholarly and pro Association, the American Law kms. Actually, Intcl-hased PC's an..~ at conduct a series of comprehensive tests ple, on a one gig hard drive. moving Professor of r.aw at the lJnivcrsity or fessional journals and is a frequent Institute, the American Judicature risk if they have older BIOS (basic and give you the verdict in short order. hom F. ~~------···~~·· .. ~ ···~ ~~~ ~··~··~~~·~···~~····~~ . 4 Ribbon Cutting at the Eudora Welty, Library On May 27th, a ribbon cutting was held at the new !ega! research computer installation located in the Eudora Welty Branch of the Jackson/Hinds County Library on North State S!rcct. John McCul!ouch, 1997-98/'re~ident of the HCHA, presided at the ceremony. Jn .June of 1997, the Hinds County Boanl of Supervisors approved the recommendations of the HCHA Library Committee for ~: ·, this computer iustalhttion and authorized the cxpcJJditurc of approximately $85,000 from the I linds County I .ibrary Fund (derived from court costs in the county) to pun;hasc the requisite equipment and hire a pmt-tilllc la{v librarian, with an additional $20,000 for the ftrst year's expected maintemmce costs. There arc four computer work terminals and a CD-ROM network in a central location im the main floor of the Welty f_lbrary Library patrons (including lawyers) arc able to research the law through various CD-ROM soun::es and access the Internet at the new "hig!Hech" law collection. Shown below arc some scenes limn the ribbon cutting ceremony. OUch! Look Closely At What You Pick Or You Could Easily Get Stuck. Jhe ne1r fcgalt<'Search computer installation at the Pcgr:y /Jobson Calhoun, !Jind.1· Counl\' Superrisor repre Fudom Wdly Lihrwy. sellfin,; Oislric/3, and Ueorxc s·. Smith, !Jistrio 5 SufH'ITi.I'Ot; attewlcd the ceremony. Everybody knows you get what you pay for. So when you 1re looking at malpractice insurance companies, measure more than just the cost. Protect yourself now with American National Lawyers Insurance Reciprocal. We're the company that provides malpractice insurance coverage exclusively to lawyers. We insure more than I 0,000 lawyers. Let us show you the advantages that convinced them. Call our marketing department at 888-262-2104 for more information. (From left} IICHA Uhrwy Commiflcc Clwirmm Fulton 11wmpson and J John AkCullouch ptr.\·entcd a plaque cmmnenwrating D-udy Wilson (fefi), the lilnwy \ Automalion /he orcosimllo 1Harian Francis while l'eytonl'm.IJH'I¥' Coonlinatm; anrl ,Hawinc Mollson, JICHA Uhrmy and Geotge Smith looked on. Commillce kJemiH'I; {11-o\'idNllhc experlleclmical adl'ir'ejiJr rlw projed. 7 6 ----- February Bar Exam Results GOLF OUTING JUST FOR LAWYERS The Mi~si~sippi Board or Bar con~ists of one and one-half days of Since 1984. all applicants for initial (All Lawyers and Judges In Hinds, Rankin & Madison Arc Eligible) Admissions has announced the results essay examinations. one hnlf day of admission to practice iu Mississippi of the J'vlississippi Bar Examination pcrttmnance type tests, and the om> must he graduates of law schools administered on February 23-2S, 1998. (lay Mu!tistate Bar l~xamination, approved by the American Bar A total orfirty-thn:e applicants which is administered simultaneously Association. 'fhe Mississippi College 6th Annual achieved passing results on the three in approximately forty-six states. School of Law and the University or day February Bar Exam. Fifty-one or Allorneys from other states eligible for Mississippi arc the only 1\B/\ these were certified for udmission; two reciprocal admission must take a one approved law schools located in HINDS COUNTY BAR ASSOCIATION/ cannot be admittcJ until they have or tW(Hiay essay examination on sub· Mississippi. passed the Multistatc Professional jects relevant to practice in JACKSON YOUNG LAWYERS Responsibility Ex Narnc ______·----~----- ______Your Handicap ______ Address ______Team Members Handicap Hinds County Lawyers Running for Court of Appeals, ------Circuit and Chancery Posts ------Several attorneys in the Hinds Greenwood, and Judge Greg trict 2, however. !here is a race among County area will he running for judi Hinkehein of Jackson is being ehal Henry C. Clay, Ill, Tomie T. Green, E. Phone ------cial office in the November J, 1998, lcng.ed hy Joe I "ec of Jackson. J. Russell. and Picter Tceuwissen, all "'Each competing ''4"sornc mu~t have a combined handicup of at lcasl 40 or more with only l member having a h;mdicap of 10 or k~s. General Election. fn the Court of All the Chancery Judges in Hinds, of Jackson. Circuit Judge L. Breland Appeals races, Judge Mary Libby Madison, and Rankin Counties are Hilburn of Jackson is being challenged Send registration and checks payable to: Hinds County Bar Association, c/o Debra Allen, 206 W. Pearl St., Payne of Pearl and Judge I .cslie unopposed. Circuit Judge Swan by Dale Sehwindamau of Raymond in Suite 1411, Jackson, MS 39201. For more infonnati(m call, Dehra at 353-0001. Southwick of Jackson arc unoppn~ed Yerger and Circuit Judge James E. Subdistrict 4. for their positions. Judge Jim Herring Graves. Jr. of Jackson have no opposi of Canton will face Tyree Irving of tion in their subdistricts. In Subdis------Hinds Countians Enjoy the Annual. Meeting of HCBA and Magnolia Bar Association Social The Mississippi Bar at Sandestin, l<'lorida The IICBA and the Magnolia Bar Association hosted a Spring Social in late May at Hal & Mal's. Music was provided by T &T Connections. The event was spomorcd in part by American Nationitl Lawyers Insurance Reciprocal. First Ltulr t>hrllis Anderson Jwdjim a/the wuuuilnwet~ /Ia! ivliller and J(nnmy Williams pmudlr display their ing with l~l:'r h-usband, t John McCullouch Rhonda Coopn; Mm-k Chinn mtd Su.\ml John McCullow:h, Diann /.opcr with J\NUR, Mortlw ;\shfer 1.\ imortos. and Bill /vlothi.wm with Fox-fo')lerelf. - fimwes Corley 1._\'/lch, !<:{!, recipienl 1~( 1he Y..mng rawyns 50-n•ar JJar nwmhcrs Dan 11:r· am! John Price n:fehrote the Di1•ision 's President :v Special All'art!, is pir·ttm'd with Mall occasion with their win•s, Mary Alice fee, h:fi, and Nomu1 Pesnell, n:nta rccipiellf o{thc Outstanding X"mng /Ji\\'yer /'rice, right. Award, and rrmmc Jicka, right, member ofthe hoard r~( the YUJ. ... More from the Annual Meeting of The Bar at Sandestin, }<'lorida John !'rice, right, toasts his 50 years o}Bar membership with l:(u·! Wilson, right. mwther 50-year Bar nwmbe1; enjoys the 1"'mis \Vi/l.l:on aml!.oui.\: \\htwm, ./1:. J{1ther and son fmvrers, are Rcti1nl Supreme Gmrf .hntia !Jan tet', h:ft, is shmrn l'isitin~ j/"it·ml Hilly Cmk1: r1111111a( luncheon with his 1r({e Martha_ shown 1rith /"ranees \Vat.wm. \l"ith !.inda Thompson and Jimnr\' Robertson. II 10 ------~--~~~--~---- Cl HlNDS COUNTY BAR ASSOCIATION n OFFICF.RS· MarkAXhhm HCBA President Mark A. Chinn's Pre,id<'>lf llairiH !{ Harn.::s, llf Reminder: \f,-r Pn'silfmt ----~------ Hinds County Bar Association, Inc. l.'i I E. Ciriffith Strcc! ,,;,,P.S. ;:,:" l'o\l~'ge ""l' Jackson, MS 39201 PAill jack;on, ,\IS l'rrmit#070 ------FIRST CLASS HINDS COUNTY BAR ASSOCIATION MAKING OUR CASE FOR A BETTER COMMUNITY DECEMBER 1998 "What We Do To Each Other" Unfortunately, we face "ordeal" quite before a discovery rkadlinc. Then, sev President's often. [•:xamplcs nm the gamut from eral weeks later, we received deposition uncooperative scheduling to bar com notices ror six depositions on the 24th. Column plaints and law suits. I'd like to discuss 25th and 26th. all sent without prior by Mark A. some of the things I'd like to sec notice. lllis lawyer hit us from both sides. ! lc wouldn't cooperate when we Chinn stopped in our bar. llncooperative Scheduling. Many tried to accommodate him, and then he lawyers schedule hearings and deposi- failed to show us the same consideration. Law Practice Is lhlnl Enough. tions without checking with opposing Nasty l.ettcrs. l.awyers who arc Litigation is already as tough as it Gltl counsel. This is a waste. All lawyers working on a case together seem to have geL Why do we make it tougher oJJ know that judges routinely grant contin a habit or sending lengthy, nasty letters ourselves? Our clients arc involved in uances where there are legitimate con to each other. I admit that I sometimes tht: toughest circutnstanccs of their llicts. Nolicing something without prior fall into this trap myself. Why do we do lives. Many of my clients will say to agreement creates an U!l!ltte~sary chain !his? I undcr~tand that sometimes things me, "You have my life in your hands." of wasteful, stressful and timc~consum need to be dncumcntcd. hut when is the They arc scared. They fear ruin. ing events, ending in hearing~ on last time a lawyer persuaded another Our system is :tdvcrsarial. mntions for continuance. lawyer tn capitulate with a nasty lcHer? "Adversary" is defined as contention. On the other side or the coin arc [ su~pcet almost never. opposition and rc~istmtcc. Bcr~ian1in lawyers who take advantage of an (would like \0 sec lawyers talking Sells writes in his honk, The Smd I!{ the attempt at cooperative scheduling. over the phone and addressing their Law, that our advcrsarial system is These lawyers just can't find room in concerns hone~tly and not hiding behind predicated on the belief that ''iftwo their schcduks for the next three a stamp or the fax machine. If you have sides each do their best to win a t:nsc months. In one recent case, we called to send a nasty lcucr, then do it, hut why then the be~! case will win most of the the opposing lawyer well in advance for not call the other lawyer first and let time." lie notes that in the Middle dates for a deposition. He wasn't avail him know it is coming and why. That Ages, it was not uncommon to have liti able until the "30th." just two weeks Comimwd on page 4 gants subjected to trial by ordeaL ----- But even though our system is 1998-99 HCBA Board advcrsarial ami the issues our clients face arc serious, do we really want to create "ordeab" for each other. Is that what our advcrsm)' system is all about'! I don't believe it is. In my experience, the best trials have had no cm!flict hclwcen the lrmyers. As a matter of fact, they have had no objections and the maximum number of stipulations possible. Exhibits were prcmarked and 11grecd to. The cooperation between lawyers led to a fair "contest" of the ideas and positions. The contest was not between the lawyers or the parties. It was a contlict of ideas. 'I11c judges in these trials have also S('tvinr: as the 199R-99 !finds Coumy Bar Association qljlccrs and [)irectors an: (scal considered them to be the best of tri<1ls ed) Robert C Gret!fdl, Secn·tw}·-Tn•asurer; Mark A. Chinn, President; John M. <1nd thanked the lawyers and the liti McColloudt, l'ast President; Harris If. Barnes, Ill, Vice PtesidctU a11d Prcsidellf-lo'lect; gants. l believe such trials arc what our (standinx) Directors: Samuel C. Kelt_)~ Meade W Mitchell, !Janid P Jordon, J/1, John forefathers contemplated. E Uiule, .It:, John /_and Mc/Jal'id. Not pict111¥'d is Susan R. 'l:<;imorlos, /)/rector HINDS COUNTY BAR ASSOCIATION LUNCHEON MEETING I>cccmbcr 15, 1998 12:00 Noon Capital Club Lunch $10.00 cu: $5.00 CLE Presentation by .Judge Henry T. Wingate, United States District .Judg:c ~-----~- ,}tiiiiWI)' 29 A Letter To Santa CLE Calendar Strategies in Handling DUI from Captain Equity Help Wanted of Events Cases in MS. Lorman Business Center, Inc. Mr. Santa Claus unannounced and we wanted some John Grisham- A toy manufactured JamWI}' Political cartoonist. If interested, 21 715~?SJ3<3940 Santa's Workshop Industries LLC real fun around the trce ... nah! home and a copy of his newest best send sample cartoon to Editor, ABA Center for CLE Satellite One North pole seller- The Trailer. February I 1 Chelsea Clinton- following the IICBA News, c/o Pat Evans, Seminar: 1999 Update: The Arctic Circle example of our Governor, please allow .Jnurnalists Who Resent The Fact AHA Center for CLE Satellite Northern llemisphere Executive Director, !51 E. Griffith Clean Water Act. the first daughter to lose her memory That Governmental Orticials Seminar: Employee Benefits Planet Earth Street, Jackson, MS 3920 I. MC School of Law. 925-7173 of the past year. Don't Fly Conunercinl On Slate Change for 1999. Re: Captain Equitv's Chri,l'/f//0.'> hst Governor Ford ice- Santa, give him Business- A trip ou the state plane to ](111/J{ll)' 27 MC School of Law. 925-7173 back his memory (selective as it might the howl game of their choice. HCBA Calendar MS Sales and Use Tax for Dear Santa: February 12 he) along with a sense of irony for his Former Vice President Quayle- A of Events Manufacturers. You probably don't remember nK. stocking. Mr. Potato Head ScL NBI 7 I 5-8]5-7909 Fifth Annual Real Estate !last wrote to yon back in the late All Clinton Administration Officials Newt (;ingrich- He's already gotten De('ember I 5 Transactions. Januwy 28 50's. That was when I was still a kid Who Testified Hcfore the Starr what he deserves. HCHA Membership Meeting UM~CLE. 601-232· 72R2 and long hcfore l was called Captain MMA Winter Seminar. Grund Jury- Their attorney's fees. Eddie Briggs. 1\ "no deal will be and One Hour Ethics CLE. Hut Topics in School I ,aw in MS. Equity. Although my Mom always UM~CLE~ 601-232-72X2 assured me that you have ways of Linda Tripp- A friendship ring with refused" trade of his Mercury Cougar Noon. Capital Club Lorman Business Center, Inc. 715~ the inscription- Thanks for your trust Program Car with the X-2 dealer AHA Center for CLE Satellite keeping up with everybody, not to Fehrua1y 16 R33-3940 mention knowing who has been - Ml)J]ica license plate for a career in wrestling Seminar: '1\vo Mergers & JICHA Membership Meeting naughty and nice over the past year, Ken Starr- A $45 million pre-paid and a new home in Minnesota so Acquisitions Mini Courses: maybe he can be elected Govemor and One Hour Ethics CLE. I've taken the liberty of e"mailing my phone card to finance a four year (1) Protecting theM & A Deal; Social Security number just in case somewhere. Noon. Capital Club Advertisers Wanted career counseling phone conversation (2) Financial & Accounting I'm not in your data base under this with Linda Tripp. Oh, and (almost Mike Moore - More press coverage April 20 name. !Icy, if anybody is going to forgot~ please bring plenty of blank and a compressed head in political Provision in Acquisition If you or your firm or company HCBA Membership Meeting Agreements. have a vcr.sion of Windows 9X that tape and batteries for Linda's stocking. cartoons. wish to place an ad in this newslet works, it has to be you. Right? and One Hour Ethics CLE. Councilman Armstrong And His Ronnie Musgrove- A pack of Camels MC School of Law. 925-7173 ter, please notify the Executive Well, Santa, unlike most of our Son Artie- Two holiday branfly to plant in Mike Moore's orflcc. Noon. Capital C!uh politicians, this is not a self serving Director, Pat Evans, at 969~6097, snifters. This gift idea was inspired by Jetter seeking expensive presents (or in Every Individual On My Christmas May 6 for rate information and contract. the old aphorism that goes something their case, a fat campaign contribu List (except John Grisham) A hook ))inner Honoring the Judiciary. like this- "The family who drinks tion) for myscl[ Rather, I want to deal that loses tons of money for 6:30p.m. Primos Northgatc marked cognac together, stays togeth~ make sure that all the children, or least greedy publishers seeking to exploit er ~in the same federal minimum people who act like children, get what celebrities and/or anybody connected security facility," or something to that they deserve this Christmas. with the Starr Investigation. effect. Now if you were a conservative The American People- Campaign Republican, I would expect you to The FIH (Assuming Councilmen finance reform and a stocking full of advise me to get a job and buy my At·mstrong and Stokes turn out to bad reviews for books ghost written own presents. However, based on the he correct in their conspiracy lheury for celebrities and/or anybody con LEFOLDT &co., PA. fact that, unlike most of om elected suspicions ) - A three day rental of nected with the Starr Investigation. (;ERTIFIED PUBLIC MX:OUNTt\N'l-S officials, you have come through so Men In Black, The X-Piles Movie aJld Well Santa, there it is. AJJd if it often in the past, J would like to anything by Oliver Stone. wouldn't be too much trouble, I could believe you arc a vintage FDR New Magnolia Venture Capital really usc some industrial strength hip Deal Democrat. I sort of see you as a Corporation- Oversight and felony hoots in anticipation of next year's cross between a white-whiskered, red convictions. statewide elections. nosed Tip O'Neill and ajo!\y AI Gore LITIGATION CONSULTING The Mississippi Department of with gifts for everyone, or at the very Hopint; On The 24th. Economic Development - A copy of least, a sleigh full of goodies that are Captain Equity All of our experience is directly relevant to your need filr professional The Ghost of Christmas Past better heavily subsidized or subject to a cxceHcncc fl:om your accounting experts. Our services include expert witness known around the Sillers Building as modest co-p11y. t<:ditor's Note: ShortiJ hcfore press The ln~titute For Technology testimony at depositions and trials, trial assistance relating to opposing experts, Santa, I have thought a lot about time, we recei\'ed this rather Development. consult·ation on litigation options ~md approaches, support during the dis my list and have tried to come up with remarkable letter with ll Northpole covc·ry process, damage analysis and review, investigative auditing, f(lrCclsting an appropriate gift for each person on The King Edward Hotel- A viable Return Address. of economic losses, tl·aud audits, asset searches and tracing offunds. it. See what you tl1iJ1k. idea for redevelopment tlwt exclude~ anything having to do with puhlic Dear Captain Hquity, President Clinton and Hillary funds, technology and oversight hy the Clinton~ Each other. And in the event Just got your letter. First of all, Mississippi Department of lkonomic they aren't spending Christmas togeth yes, l remember you well from the Development. Hey, how about the er, an alternative gift idea would be: 50's, You might recall those switches unthinkable, Santa- A hotel! and ashes I left in rcwgnition of that 52HO Galaxie Drive • Post Office Box 13409 • Jackson, MS 39236·3409 • (601) 9R2·159l President Clinton and Monica rather unfortunate fourth grade prank 145 B Z..tain Srn:ct • Post Otricc Box 263 a Biloxi, MS ;i9533 • (601) 4;i5·790;i Lewinsky - Each Other, And if for Farish Street- Gas lights, blues and gospel music, and restaurants. some reason the First Lmly popped in Cominucd un page 6 ---~·~~~·· -~--~.~------ 2 President~\' Column counsel and embarrass hin1 in froul of I'm talking alxn1t makin!_! sure that On Computing the judge. One lawyer said to the judge ' ~lienls and others do not pursue Conlhmcd Jimn pogc I in the middle of a trial, "Well, if Mr. improper and frivolous means to inter by .Joel Howell way, you will have documented your Chinn had prepared his ca~e properly, fere with the other p:uty's right to have a position without creating more trouble. he would ...." The ~amc lawyer in lawyer. Unless \Oillcthing extreme is How good arc your Internet ~carch operators usc a default word count of si tc ( www.l"JCaucoup.com/cngi ncs.hll11l) llndcrmining the CJpposin,!! CounseL another case told lhejudge that it was done, I think you'll sec this tactic skills? If you go hack to the beginning len, but the Lycos proximity NEAR gives acces~ to more than a thousand In a couple of cases recently, (have had lawyers like llle who were responsible i"JCcOmc the rule in litigation imtead of of West law, you will doubtless remem engine searches for terms within twcn search engines, and wilL among rnany lawyers file suits and have my clients for the neg:1tive public opinion of the the exception. ber various uses of proximity scarchc~ ly-fivt: words of each other. other things, allow yo\llo perform mul served with pnx:css without warning or justice system. Some of you might he As I look around at our Bar and sec with Boolean operators. We'll begin There arc other variations on this ti pte engine searches. notice to me, cvt:nthough the opposing tickled by these commenb, hut the truth !he lawyers that 1\l"c universally respect with a brief look at that, a~ wdl as theme, bm most search engines have Another resource that you should cotmsd had been working with me to nf the matter is that the judge who had ed, l don't sec a single one of them that some advanced options. not yet reached the natural language check into is PACER (Public Access to sdlk the cast:. This type of eonduct is to listen to this garbage felt it was an isn't a consummate gentlcmau or lady. I Depending upon your initial log-in capahilitir:s of \Vest law. Wildcards will Court Electronic Records}, a11 electronic completely unnecessary and can cause obstmction to what he had to decide. (I don't ~ec n single well-respected lawyer site to the lnlcmel, you may have sev wmk well. The asterisk, for example, bulletin hoard system established for the client cm!l"idencc prnblc1ns. wn~n't tuo happy about it either.) that engages in unncces<;my tactics. eral search engines available. While substitutes for any wnrd endings; thus, federal system. It also includes the Not only is it unnecessary. it also Earwigging. There is an increase in As a matter of fact, 1hc best lawyers l there arc many out there. here arc some "them* "matches "theory,'' "theorem." Southern and Northern federal and can lead to liLTimony in the litigation. the amount of carwigging going on. face are so doggone nice that you won of the best: and "!heorctical." bankruptcy courts in Missi~sippi. Quite a number of jurisdictions arc available. \Vhcn two lawyers arc working with Orders arc being submitted to judges der what they have up their sleeves. • AltaVista (altavista.digital.com), In addition, virtually every search Potentially availahlc information each other, there should be a level of without opposing counsel being present Their ctnuteous ways do not intcr/Crc which has exceptional indexing; engine ha~ either advanced search depends upon the court iuvolvcd, but good faith which would call t~1r honest Unnecessary restraining orders arc with their representation of the cliclll. • Excite (www.cxcile.com), which has options or a help button. Many search may include casc-by.casc listing of par conmumicalion about the status of the being obtained. The fastest way to They are successful. They have every excellent overall content; engines are also case sensitive. so be tics and at!orneys, case-related informa case, instead of Pearl Harbor tactics. undermine the public's faith in the judi~ one's respect and they try cases well. • Hothot (www.hotbot.com); careful with your capitalization. If you l"y your tion (action, ;1d damnum. etc), chronol For the person who enjoys the smprise cia] system is forjudgHlCllt to be passetl But never do they cause unneccs~ary • Infoscck (www.infoseck.com), which wnnlto intensi web searches. ogy of event.~. claims registry, types of attack, remember how America without thc·other side being pre~ent. stress or grief to opposing counsel. is good fur busines-; news; Sf"lClld some time browsing in documents filed, and case status. Some responded to Pearl Harbor; it became a Attacking Opposing Counsel. Bar Look around and sec if you don't • Lycos (www.lycos.nnn), a good www.tdnet.com/products/ courts require spct:ialized softwnrc, rallying cry instead or a serious defCat. complaints, law suits and threats or crim make the same oh~ervation. I don't pre place for chat and games: scarchuscr.html. some provide toll-free numbers_ There Discovery. Our discovery laws allow inal prosecution against opposing coun tend to fall in that category of litigator. • Northcm Light Another help comes from automat is no registration fcc; the cost is sixty the parties to get at just about whatever sel arc on the rise. II is not uncommon Hut I have my eye on how they conduct (www.nlscarch.cnm), which is tops in ed search robots which allow you to cents ($0.60) per minute, hilled quarter they w:mt. The Fe{lcral Rules require now f(Jr a litigant to try just about any themselves, and I am trying to conduct technology; and make the same search periodically. ly. For more detailed information, cal! cmnplcte disclosure. Why, then, do we thing to get back at an opposing lawyer. myself in a way which would make ·Yahoo (www.yahoo.com), the origi URI~-Minder maintains a weh robot 800-676-6!-:56. require each other to jump through all These a!lcmpts arc almost always frivo them proud. nal directory. that will periodicnlly reacquire a web kinds or hurdles to get what we're going lous and motivated by revenge. That is one of the reasons the HCIIA page to check changes in content You One good way to limit a search is to get anyway? All it docs is cost people Responsible lawyers must put a stop has initiated a l'nJfcssionalism Award. can secure a copy of this from Questions or comments? Drop nte an the use of the Boolean AND operator. money and annoy the judges. lo this. l"m11ol talking about protecting So all of us will have examples of how www.nctminrtcom/ URl, email at 76616,1020 @compuservc.com. Some search engines use the plus sign II is not unusual for me to get dis each other from legitimate complaint. it is best done. minder/URL--minder.html. or better yet, wchmaslcr(alhindsbar.com. instead of the word AND. Any decent covery with objections to every single The TracerLock rohot sends search search engine will let you search by question, nnd then the ~tatemenl, queries to the Alta Vista engine. You putting a phrase in quotations "as if it '"Without waiving the objection, our can initiate a search by going to were a single word," but you gain answer IS. ," In a recent case, I www.peacetlre.org/tracerl.ock and greater tlexib!Jity with an AND opera received answers which said wituesses establishing an account. Informant lets tor. For example, "apple and oranges" and documents for trial would he pro you set up periodic searches of Lycos, will he treated a~ a search for one vided when known. Then, just two AltaVista, lnfoScck or Excite at inter word, but apples AND oranges \Vccks before a discovery deadline, the vals of three, seven, fourteen, thirty or retrieves documents that contain both person li~tcd more than forty-five wit sixty days. This search can be set up words. nesse\, most of whom we !earned had by going to the Informant web silt: Other proximity search operators never been conti~etcd. At trial, the same located at informant.dartmouth.cdu/. allow you to shnrpen the t~JctiS even lawyer called only three witnesses. Hna!ly, subject-specific search more. AltaVista provides a NEAR The same lawyer threatened to stop engines look only to specialized data operator that allows you to search for every single deposition that we took. In bases. Scarch.com. t~)r example, has terms in dose proximity, similar to the another case, the opposing lawyer more than five hundred suhjcct-spccific old Wcstlaw operators_ Most NEAR objected to almost every single ques search engines. The Beaucoup! web tion. At nne point, the ohjcctions got so ------long that nobody remembered the ques The 1:nost problems 11.-'C[Ujre the t ion when the objection was finished. (lif~ctJt The best lawyers f have ever seen most 111110Vabve responses. \\'tleltllle\hadowsottitk rarely interfere like that with another pmhku1s loom. a Wlk(lW An atlorucy wishing to determine (attached hcrCio as Appendix l) and January/! ."cbruary 1996 edition of nw what the Mississippi Rules of made enforceable by the Defendant~ in lHississippi hl\\'l"Cr published a restated Professional Conduct provide with this ac1ion, are unconstitutional and version of Rule 7 consistent with Judge rc~pcclto legal services information unenforceable, as applied to Plaintiffs Barbour's judgment. (attorney advertising) who consults the and others similarly situated, and as the If you do not have a copy of this edi 1996, J 997 or I 99H editions of Official Comments to those same Rules tion of 11u: Missi.1·sippi f .awyer llvail Mississippi Rules r4' Court, ,\'wte mul indicate the Rules are to be construed a~ able, you may conform the \Vc~t Ciroup Fcdcmf, published by West Group (for applied." publication of Rule 7 to the linal judg merly West Pnbli~hing Company), will The publisher's note is accurate as ment hy deleting Rules 7.1(hl and (d), be misinformed. The West Group puh the opinion oflhe court, issued by Rules 7.2 (a), (h), (d), (c), (f), (g), (h), lication prints Rule 7, "Information Judge Barbour after a bench trial, held (j) and (1), and Rule 7.6 (entire) togetiKr Abml! Legal Services,'' in its entirety Rule 7 in its enlircty unconstitutional with all comments related to the deleted (Rules 7.lthrough 7.7, inclusive), as and unentim:cab!c bcnmse or substan mlcs. In restating Rule 7 The Mixs promulgated by the Mississippi tive reasons as to some pnt1s nnd pmce issippi Lowycr re-lettered the subrulcs Supreme Court on June 22, 1994, along dural reason~ as to others. The publish in Rules 7 .I and 7.2 so that tlK letter with a "Publisher\ Note" reading: er's note is misleading, however, as it designations withiuthcse two rules arc In Schwartz v. Welch, 890 FSupp. gives the impression that no part of not consistent wilh the West Group pub 565 (S.D. Miss. June 20, 1995), the Rule 7 is now in Jim:e and efl"cct. This linllion. Unitnl States District Cmu1 for the is not the case . The Mississippi Supreme Court has Southern District of Mississippi held: The !ina! judgment dated September requested The Mississippi Bar to submit OUch! "IT IS THEREF TilE MISSIS.'-UPPI JURY: LAW ;iNJJ l'RACTICH covers every eon on your teacher featuring the lef"l over National Lawyers Insurance Reciprocal. We're the company t:eivab!c issue involving Mississippi stutc court juries in civil and criminal tumip greens. As I recall, it was uot that provides malpractice insurance coverage exclusively to cases. with citation to over 1,000 Mississippi Supreme (~our! cases, by 11tlor unlike your suggestion of having the Lt. ncy John G. Corlew of Jackson, Mississippi. Ciovcmor plant cigarettes in the lawyers. Allomey General's Office (funny as that ... destined to hccome rhe courtroom hihie in Mississippi. might be). However, I was pleased to We insure more than l 0,000 lawyers. Let us show you -Will Denton, trial attorney, Biloxi, Mississippi sec thM thill!:,'S had straightened out !i1r you umil you got this column and start the advantages that convinced them. Call our marketing SYSTEM111"1CJURY SW.RCTION IN MISSISSIPPI: A PRACTICAL ed writing snippy things about assorted department at 888-262-2104 for more information. A.l'PROACil, by 'I\tpelo, Mississippi, forensic consultant, Dr. Joe Edward public ligures. Though it is laudable Morris, tells you how to usc the services of a jury consultant and nlso how to that you 011ly asked fm one present, that usc the techniques of a jury consultant to assist in putting the best possible is not nearly enough where you are con Eudorsed by the Hinds County Bar Association jury in the box for your client. cemcd. lli:cl strongly that you too and the University of Mississippi Law Alumni Chapter should get what you deserve. That is ... it corrics this pnJIT.\"S as dose to a science us possihle. why I am giving you the same thing the --Bill Liston, !rial attorney, Winona, Mississippi elves picked out for the President- a two week vacation ,, 7 Highway Eats \ President's Update I by The Road Lawyer by Mark A. Chinn I WelL the re~ponse was great I Relationship Training. We arc off you have an inlcrc~1 in ~erving as au pute with a lawyer in a case, or nvcr a thanks, r.::aders! Even the ground with our attempt to put rcb instructor or in pulling one of thcsc pro fcc, or over a firm breakup, plea~c cal! Cnptain Equity unbuttoned his tionship training in the Inca! senior high grams in your local school, please let upon Tom to assist you with resolution starched collar :md came down classes. You may n.·mcmhcr that we arc me know. tvly phone mm1hcr is 366- of the problem. from his editorial1wdium to pmmoting a pwgram called "Partners."' ·1410. Hy the way, if you do this, you Golf'l'oumamcnt, The !ina! congratulate this old toothpick Thi~ 1s a videntaped program ~pon wi!l have an absolute ball with the :\ccounting is in on the golf tournament. totin' hoy on the entertainment sornl by the ABA Family Law Section. kkb!! I have. The net profit was almost S7,000. This aspect of the first column. I! provides 10 classroom discussion l.awyer Jlisputc Resolution is a record. lmpot1antly. none of the Several folks wrote in to topks for high sd10ol seniors designed Committee. I have created a special, ad profit came from tournament fees. We share gourmantic experiences to teach them about how to be better hoe committee to handle disputes charge you only wh:l! it costs. All of the at revolving tables. It seems spou~cs. [Is mission is to head off the between lawyers. \Vc do not have such profit came from sponsorships. Our everyone loves the food on natioual problem with divorce bcl"orc an animal in the state or local bars. Tom m:~ior ~ponsors were: First Anwrkan those big, groaning Jazy-susans the marriage ever starts. Crockett, Jr., has agreed to chair this Title, Pinnacle Trust, ANLJU., and at the Mendenhall Hotel. l Jackson Academy graciously agreed committee.! have written all of the Lcgg Mason. These major sponsors recently took two out-of-state to serve as the guinea pig for us. We local trial and appellate judges, slate have our deep appreciation. 1 hope you lawyers there, and they were have conducted four sessions with three and federal. and advised them or this will each say a word of thanks to these enchanted by the 1950s atmos classes Clf .Jackson Academy seniors. If committee. If you are involved in a dis- sponsors when you have a chance. phere·- as if you were visiting in the home of the proprietor, looking at all his framed fmnily and school football-star pho~ .Judge Henry T. Wingate To Present December CLE Program tngraphs before the meal· and the gregariousness of the other Judge Henry T. Wingate was born late practice and appeared often in state wise stranl!crs around the table 51 JJCXt to CliffColbeJt Chevrolet at the Speaking of catfish, I rcct~ntly January 6, 1947, in Jackson, and tedcral comts on civil matters. who were ~ager t(l offer their opinions stopped at Catfish I Iaven on l Iighway intcrscclion of Highways 51 nnd 8. The Mississippi. He attended Brinkley In January 19XO, Judge Wingate left about the best hadxx:ue and catfish hot plate lunch was pretty good, and I 49 North in Pocahontas on my way Junior-Senior High School where he let the Attorney General's Oftke and places nearby. (ls it just me, or has what back !i·om the Odtu. I really prefer my brought home some fine andouille tered in baseball and basketball. He was began employment as State District we cat become second only to football sausage from the butcher shop part of catfi~h l"ricd whole on the hone, and sckctcd for the Stale AJ!-Star Attorney for Hinds and Yazoo Counties. as the most often discussed aspect of the !Jdi. The sausage was frozen at they know how to do that so the fish is Basketball TCam and was elected co In charge of the prosecution of violent life?) The fried chicken and chicken pot really juicy and flavorful. Fortunately, I the Ddi, so it made the trip home in captain. crimes (capital murder, murder. robbery, pic and biscuits ami more than a dozen rcstric.tcd mysclf to the standard order the car okay. Judge Wingate attended Grinnell rape, kidnapping, etc.), Judge Wingate vegetables served !"rom the center of the and not the '"All U Can Fat" or I might ·nlC ladies at the courthouse recom College in (irinnel!, Iowa, where he appeared regularly in trials before table were splendid, and we all got our mended the Deli over Miss Clara's Care not have made it home. majored in philosophy. He was CCHilJY juries. ten dollars worth without question. Driving through Yazoo City 1 won which I think I'll try next lime. Miss tain of the varsity basketball team and Next, Judge Wingate accepted My Mendenhall group first attended Clara "s is just ollthe Sl!twre on Maiu dered about a good place to stop for very active in college organi:tations, employment with the United States a deposition at the beautifully rencwat Street, up from the Thrill Shop which food there. Any recommendations? especially theatre. He graduated in 1969 Attorney's Office for the Southern cd, neoclassical-revival Sin1pson Anyone had the hot tamales from the looked appealing and across Main with a B.A. degree. Judge Wingate District of Mississippi. As an Assistant County Comthousc. We walked shack on Highway 49 as it goes Strcct from the architecturally wonder acquired his J.D. degree from Yale Law United States Attorney, he prosecuted upstairs to the big comiroom and hcanl through town? ful old Masonic Temple. I hear Jakt: & School and was admitted to the State !he major crimes, and his duties our voices echo off its polished wooden A1~other place that serves a good cat Ribs on Highway 8, not far from the Bar of Mississippi in 1973. involved cxtcusive trial work. floors and old-fashioned balcony in intcrxtate, is a good place for harbccuc, fish lunch if you only want one nicely From July 1973 until September Judge Wingate's teaching experience High School, Clinton, r..·tississippi. spite of our dclihcmtely hushed tones. but I haven't stopped there yet. fried fillet is the Ajax CalC on the 1976, Judge Wingate served as is considerable. He was an adjunct pro Judge Wingate was recommended to You have to think about To Kill a S4uare in Oxford. The tartar sauce is I'm headed to southcm casino coun Lieutenant with the Judge Advocate fessor at Mississippi College School of the federal bench in December l9B4 Mockingbird and expect to sec Gregory try soon the Mississippi Gulf Coast. tasty with a twang of some different Gencml's Corps, United States Navy, at I ,aw; an adjunct profcs~or at Jackson and appointed by the President in Peck walk in while you're there. I Iow about son\e recommendations? spice. CI11c cornbread is line, as arc all the Naval Legal Services Office in State University; lecturer on the nation- October 1985, alkr coufinnation hy the Second favorite to the Mendenhall I'm looking for quality rather than the the vegetables and a creditable chicken Norfolk, Virginia. He was assigned al faculty of National College of United States Scnatc. At 3S years of Hotel is Walnut Hills in Vicksburg. It's quantity advertised on the billboards, as pot pic. principally to the Criminal Division District Attorneys (NCDAA); lecturer age, Judge Wingate became the on Adams Strcct near the corner of Clay my girlfriend is threatening me with You lwvc to circle the Square a cou where he prosecuted on behalf of the with the Mississippi Judicial College; youngest and first black federal judge Street and just south about a block from that 110 sugar. uo cornhr.::ad, no white ple of times on foot window shopping government and also represented mili lecturer with the Mississippi ever appointed in the history of thc back of the Warren County hrcad, no baked potato, no gravy kind after a lunch there. Which is not hard to tary accused before all military courts. Prosecutors' Co!lcge; and lecturer for Mississippi. Courthouse. It's an old ]JlluSe that still of a hell that she lives in unless f trim do as the shops seem to he changing In October 1976. Judge Wingate the lVIississippi State Bar Review. Since his appointment to the federal retains the 4uality of a boarding housc every week. Elliott's Jewelers are clos down the wai~tline a bit. joined the stafT of the Attorney General An avid racquetball player, Judge bench, Judge Wingate has served on in spite of the bar that's been added, and I ..ct me hear Ji·om you on slot ing their doors for good. The Ca11ers for the State of Mississippi. f lc was var Wingate has won a mm1her of stale numerous hoards and committees, and the food is quite good. Schedule your machine cats (and any other sugges who own the place are grinning hom iously assigned tn the Criminal championships in tllC spmt. lie is also a Judge Wingate has received many hon courthouse work in the mornings, tion~). Write me in care of Pat Hvans, ear to car while looking forward to a life Appellate Division, the State Court league howlcr and a serious runner. ors and recognitions. On May \9. !986, because after lunch you need a nap. without the restrictions imposed by a HCBA Executive Director, 151 E. Division, and to the Federal Litigation Judge Wingate is married to Turner Grinnell College bestowed upon him a There once was a fine round table six-day-a-week family retail business. Grifllth Street, Jackson, MS 39201, or Division. Pursuant to these assignments, Arnila (Ward), a formcr state racquet coveted honorary Doctor of l.aws establishment in Brookhaven, but I While in Grenada not long ago, I had e-mail me at hindsbar.com. he handled an extensive criminal appcl- hall champion, who teaches at Clinton degree. haven't been there in ye;u·s. Does any lunch nt the Deli Express on I lighway one know it" it is still in business'! 9 An Editorial To Share ,John C. Tredennick, .Jr. ' \ liCBA President Milrk Chinn has told me the same thing. David to the substantive points hut ducked asked that we reprint tm editorial to Aspen leaf (not his real name) was a the invective. Except at the end. l lq share with our members from John bar leader, ethics lecturer and one of asked, "Is it always your practice to C. Tretlennit•k, Jr., of/Jellvt!l; Editor the nicest people around. Except in lit write such snippy leHcrs?" of the ABA:~ Law Practice igation. He and his associate had a No sooner had I faxed nty response Management Section, that appeared reputation as Rambo litigators who than I began to hear rumbles coming 011 the Editor's Page of the October would do whatever it took to win and from farther down 17th Street. My fax 1998 publication, Law Practice made every case "personal." was humming and spilling out smoke. Management. Mr Tredennick has I didn't get two weeks into the case Four pages of even worse invective graciou.~ly agreetl to allow u.~ to share before the guns stnrted pointing at me. led up to the crescendo: "l A!V1 NOT this with you: I found myselr staring at a three-page SNIPPY!" letter from opposing counsel accusing We couldn't stop laughing. It is "I Am Not Snippy!" me of !yiug, stenling and violating the hard to declare oneself "not snippy" Boy Scouts of i\mcricn oath. He was with a straight face, especially after When my partner asked me to join even tougher on my mother. As my fm1r pages of snip. My reply began, her on the case, she warned: "This is blood reached a boil, I began dictating "David, this leiter was even snippier the nastiest pair of lawyers l have ever a reply. You want mean? l can do than the lasL.." and went on politely dealt with. Every letter contains a From left, m-Ilker H.ftflers, nob GrCI!{ell, and llmkie flail. mean. from there. string of insults. I've been through two Then the thought hit me: I'm just That was all it took. He cooled sanctions battles already and they arc playing into their hands. Whatever I down, and future conHnunications threatening grievance procccdiugs October Membership Meeting send hack will end np on the judge's were entirely different. We finished against me personally." dc~k and I'll be the one trying to the ca~c without blo~1dshcd Hntl on All this for a commercial case? But explain my behavior. So I started speaking terms. Like professionals. when I began askiug around, others again. This time, I responded politely ----~~-----~ HCBA Past Presidents Vie For State Bar Leadership Richmd T "Dick" Bennett, who of the Mississippi Bar Poundation. in I YY8. its Pro Bono I ,awyer Award. served as HCBi\ President IYK1- 1984, Dick has also chaired and served on Ben has served twice as president of the and Ben .f. Piazza, Jr.. who served as several Hinds County Bar Association Mississippi School Board Association HCBA President 1!)93- 1994, have Committees. Over the past 33 years. Council of School Board Attorneys and been HOminatcd to run for President Dick has p1imarily devoted his praetice is a past president of the Mississippi Elect of the Mississippi Hac to bankruptcy law, commercial litiga Community College Attorneys Dick is a member of Rennett, tion, arbitration and mediation. Association. Ben has served as editor Lot!erhos, Sulser & Wilson, P. A In Ben is a shareholder in the firm of of the HCBA News. addition to serving as president of the Watkins, Ludlam, Winter & Stennis, Ballots will be mailed by the Miss Hinds County Bar Association, he has P. A. Ben has also chaired and served issippi Bar to aU members in good served as president of the Mississippi on several I-JCBA committees and is a standing in January 1999. l;or a nmre Chapter of the Federal Har Association Fellow of the Mississippi Bar detailed biography of each of lllcse line Mississippi Court ofAppeals Judge Mmy Libby Payne was thP .\pcaker at the October and president of the Mississippi l;oundation. In 1996, he received the candidates, sec page 30 of the October llinrls Cou/1/y Bor Association Membership Meeting. 1/er pn'.\·entatimtwa.\· "Is Sexual Bankruptcy Conference. He is a Fellow IfCBA Outstanding Service Award and P)9R edition o01w Mississippi Lawyer. llara.I'.I'IIU'I/1 an /;{!tical \liolation?" She is picttm'd with HCBA President Mark A. ··~---~---- Chinn (/elf) and IJCBA Secretary-Trea.\'11/l!r Robert C. G!nifell. Hinds County Bar Association's Professionalism Award -~ -- . ··~~~-···· -~-··~ - ~ The Hinds County Bar Association The recipient must have consistently set for receipt of such nominations. Habitat For Humanity Needs Your Help has l~S!ablished professionalism as a demonstrated adherence to professional HCBA attorneys arc invited to submit principal theme of the Association this standards of practice, ethics, integrity, the name and address or suit<~h!c candi by Nina Redding year. In keeping with this theme, a civility and courtesy; have encouraged dates to the HCHA either by regular Ownership of a Habitat home means newly renovated Habitat House, Habitat vices in connection with title work. Professionalism Award has been creat respect for, and avoided abuse of. the mail at 151 East Griffith Street, stability, pride. self-esteem and security needs: Habitat greatly appreciates all of the ed, which will be awarded annually to Jaw and its pmccdurcs, participants, and Jackson, MS 3920! or by e-mail at for the family who has contributed • An The Nominations Commitke, chaired by Ruma Haque, is pleased to announce the following I ICllA members have graciously agreed to nm for oflice for the year 1999-2000. The nominees for the three positions to be fillet! are: Secretar.v·Trcasurer Patricia Bennett Robert Gibbs Director - Post I Rhonda Cooper Lcyscr Hayes Director - Post 2 Mark Franklin Stuart Kruger The Association's bylaws provide that any other member of the HCBA may he nominated by petition signed by not fewer than 20 members in good standing nnd filed with the ~ccrctm)'-trcasurcr on or before January 15. A ballot and biographical sketch of each no111irll'C will be mailed to each mem ber in good standing during the month of h:bruary. For htrthcr information, please call Pat Evans at <)69-6097. Hinds County Bar Association, Inc. First Cia'> ~lai! 151 E. Griffith Street tJ.S.I'o1!age Jackson, MS 39201 PAID Jark\on, ~IS l'rrmi! #{>70 FIRST CLASS --- ,,, ______, ___, '------HINDS COUNTY BAR ASSOCIATION CJ MAKING OUR CASE FOR A BETTER COMMUNITY FERRUARY 1998 .,,.,,, __ , ___ .....,,_ ------last will is wril!en or that last piece of Such is the case with the host of advice is given to our lust client at the lawyers mentioned in the article on President's end of our careers, how will each of Habitat For Humanity in the last issue us be remembered in terms of being a of the Newsletter and the lawyers Column lawyer? How will we he remembered mentioned in the article on Stcwpot in M. by our clients, our fellow lawyers, our this current issue. lam also sure there community, :md our family? Do you arc hundreds of other stories that we like your personal answer to that will never hear about; stories of where fn my October column, I asked for question? If so, that's great. If not, it's IICBA lawyers have helped those in examples of lawyers who exhibited not too late to change the answer! need without ever getting or wanting ttuc professionalism. Included on On a related note, I want to revisit a dime for doing so. For all the had page 6 of this Newsletter is a lcltcr a subject that l have mentioned in a press lawyers receive, we are not the from John Clark in which he tells of past column community service. "sorry Jot" c;ome portray us to be. his respect ami adr)liratil)n for Joe H. Giving of our Lime, talent and advice Sure, there arc some bad apples, and Daniel. It is a wonderful personal trib is what we as lawyers do. Most of the sure, we can improve our public ute to Mr. Daniel and can serve as a time we get paid for it. However, we image. Hut all in all, it's a wonderful reminder to each of us of what profes all know lawyers who will give their way to make a living and a tremcn" sionalism in being a lawyer can really time, talent and advice without dous way to make a difference in the mean. When that last case is tried, expecting anything at all in return. lives of others. that last Litle opinion is rendered, that HCBABoard 1997-98 HCUA BOARD Serving as Hinds County Bar Association Officers and Directors fhr 1997~98 are: (seated) Mark A. Chinn, Vice-President and President-Elect; .John M. McCullouch, President; T. Harris Collier, III, I'ast President; (standing) Directors, Samuel C. Kelly, Susan R. Tsimortos, Daniel P. Jordan, HI, Lynn P. Risley and Margnret H. Williams. Not pictured are Harris H. Barnes, III, Secretary-'J'I:easurer, and William R. Wright, Director. ------______<:;--,y ------~---~----~ ,A,pri/21 Captain Equity's 1998 Legislative Agenda CLE Calendar HCBA Calendar IICBA Mcmhership Meeting. of Events of Events Noon. Capital Club By Captain Equity It's a brand new year which can unpaid nwing Cioodwill Ambassadors. closer scrutiny yet, it becomes obvious May 7 Februmy 19 Fehrumy 17 only mean one thing. Those funloving As such, every citizen could use the and clear that a crew of seafaring fire Dinner Honoring the Judiciar_y. How to Value the Personal Injury HCUA Membership Meeting. doers collectively known as the ~tate jet without fear of criticism. Of ants could sail a Harrow, albeit seawor 6:30p.m. Primos Northgate Case: Negotiating Strategies & Noon. Capital Cluh Mississippi Lcgis-latmc are hack. course, government oflicials would thy rubber duck into the artificial canal Settlement TcdmitJU('S. Asphalt lobbyists, shrimp whole~alers. have priority. This priority dass of en route to the Mississippi and eventu MC School of Law/ABA Satellite. /vi arch 24 and Capital City watering holes arc Goodwill Ambassadors would be ally on to the South China Sea. Yes 925-7173 People's Law Sdwol. only a few of the many who anticipate denominated- government oH!ci;tls. taxpayers, navigable after all. Based 7:00p.m. Community Room-The a new legislative session the way a All other ambassadors, who would on the lmv's original intent, it becomes h'hruary 20 Clarion-Ledger seven year old Iouks forward to the have second priority, would he knowll clear that buikling on a navigable Handling H Pct·sonallnjury Case frum Start to Finish. State fair. Count Captain Equity in as- Idiots. As a practical matter, the waterway is indeed the touch<>tone. UM-CIF 601-232-7282 March 31 that number as well. Whether it is government officials would prohnhly That being the case, the propmcd new People's [,aw Schon!. humor, irony, or even an outside shot end up leading more ·'delegations" if l ------L_------~~- "·- ~ 2 J Volunteer Lawyers Serve at SteWpot The Neighborhood txgal Clinic is Project, the Hinds County Bar especially gmtifying to see lawyers providing legal services four days 11 Referral Service, or to lawyers known like these volunteers devoting their month to the homeless and others who to handle that kind of case. time to provide free services for those eat the free noon meal at Stewpot on Mike Knapp, who has participated who cannot alford a lawyer. West Capitol Street Phyllis Thornton, as a volunteer lawyer in the Clinic for "The Hinds County Bar Director of the Mississippi Pro Bono almost a year, says that he finds the As~ociation 's Legal Problems of the Project, coordinates the Clinic. work satisfying and rewarding. He has Homeless Cornrnittce is also actively Regular lawyer participants are Mike encountered a number of problems of recruiting area lawyers to participate Knapp, Glen Waddle, Jim McCafferty, persons ~ccking Social Security or SSJ in this program and has been pleased and Chris Holt. who have no identification, assisting with the response" said Brooks Clinic volunteer lawyers go to them in obtaining necessary documen Buchanan, Chainnan. Stewpot during the noon hour one day tation to establish their ages and to Additional volunteer lawyers arc a week, providing teg All of our experience is directly relevant to your need fix profCssional ,., . AMERICAN excellence tl·om your accounting experts. Our services include expert witness ~NATIONAL testimony at depositions and trials, trial assistance relating to opposing experts, consultation on litigation options and approaches, support during the dis ~ LAWYERS covery process, damage analysis and review, investigative auditing, forecasting ",_r!NSURANCE of economic losses, fi·aud audits, asset· searches and tracing of funds. RECIPROCAL Risk Retention Group 5280 Ga!axic Drive • Post Ofticc Box 13409 • Jackson, MS 39236-3409 • ( 60 I) 982·1591 145 B ,\L1in .Street • Posr Office Box 263 • Biloxi, 1-lS 3'J5:13 • (60!) 435-7903 ·········-·······------4 5 Lawyer's Lawyer ' \ On Computing By Joel Howell Dear John: Joe tried many cases i11 many Mississippi Bar Association, and his ll's here I (or at lcasL it should be, of any sii:C ~an be partitioned into t:~lllr!s in Mississippi, both state and early selection as a Pd\uw of the by the time you read this). Invoke your what's known as logical drive space. I have had the October 1997 issue federaL llc was a true craftsman in the American College ol"Triall.awycrs. browser of choice. forget the www and For a drive of any given size, there is nf the IICBA newsletter taped to my courtroom. I once heard a court We all adopt role models, con the http and the I I aud .iust type: also n given cluster size, which is the credenza since reading your reporter describe his work as like sciously or unconsciously. I have hindshar.conL And there you have it, minimum site needed to store any file. President's ('olumn therein. watching a master mason build a hrick come to realize that my professional or at least you'll get the under con t>.'lorc specifically, for a DOS!Windows My n()mination for a lawyer's w:11!-brick by brick, he constrw:tcd his life has consisted of an attempt to struction barrier. 95 hard drive of hom one to two giga lawyer is the founding partner of our case before the fact finder. emulate several figures, the most This is very much a work in bytes in size, the minimum duster size firm, now rctin:d, Joe H. DanieL I first Even more outstanding than Joe's prominent one being Joe H. Daniel. progress, and your input will be very is 32kb, which therefore is the small heard Mr. Daniel's name in Man:h, trial abilities, however, was his com helpful. The intewctive chat and dis est file size on the drive. This means 1967, when I a~kcd my then-boss, mitment to professionalism. I never Sincerely yours, cussion area prohahly won't be active lhnt even if you have a very small Jilc, U.S. Circuit Judge J.P. Coleman, who saw Joe denwnstratc rudeness to any yet, but suggestions for areas to be it will still take up 32kb on your drive, in his opinion was the best trial lawyer one-neither court, juror, witness, fd· DANIEl. COKER II ORTON & included should be sent along. The an obvious resultant waste of spm:e. in Mississippi. After a moment's low lawyer, nor employee. BELL Hinds County bar roster should he llowevcr, the software technology Mississippi College rcl1cction, he replied that he thought Interestingly, his respect for witness available, and there will, hopefully, be expands with the hardware advances. School ofLaw Joe Daniel held that position. I applied and counsel actually added to his abil something for the Lawyer Referral so there is a solution. While Windows to Mr. Daniel for a job the next ity as an interrogator, rather than Q~Cf~ Service. 95 allows drive partitioning, it is rela Saturday, and have never regretted that detracting from it {J John B. Clark Other suggestions h;wc included tively inelegant. Third-party utilities, Upcoming CLE Seminars application, nor had any reastm to Joe's status a~ a Bar lcade!' was evi making available unpuh!i~hcd County, such as Powcr()uest's Partition Magic doubt the accuracy of Judge denced by his election us Prc~ident of Circuit, and Chancery opinions. The do a far better job. Moreover, if you Auunal Labor and Employcmnt Coleman's opinion. the Hinds County Bar and later of the possibili!ies are unlimited, and we usc OS- based partitioning, any change Law Seminar look forward to your thoughts. in partition size conupts the data in Thursday, February 12, I 998 RAM prices continue to drop. the partition, rCtjuiring you first to Old Capitol Inn, Jackson, MS Don't cveu think about a Windows 95 save the data, n:fonnat and partition 6 hours of CLE Credit system without at least 32 meg, and the dtive, and restore the data, which more is better (usc 16 meg SIMMS or isn't exactly an afternoon stroll in the larger to make adding on later easier). park.Partition Magic, on the other Annual Business J,aw Seminar Professional Affiliations: Portable storage gets bigger and hand, will not corrupt the data, and The New UCC. An Update of the Recent and !'ending Ch:mgtc•s to the FORENSIC Audio Engineering Society, better. Iomega, always a pioneer, now with a rcsultantly smaller partition, tJniform Commercial Code Acoustical Society of America, has the Zipl'lus (which works on results in less wasted space. If you Thur.~day, March 19, 199R TAPE SERVICES American College of Forensic Examiners, either a parallel or SCSI porl) a small take the same two gig drive just dis MS Sports Hall of Fame, Jackson, MS American Board of Forensic Examiners (Diplomate), er power supply, faMcr through-put, cussed and partition it into two one gig 6 hours of CLE Credit International Association for Identification, and uses good old 100 meg Zip Disks. partitions, the required cluster size is ENHANCEMENT of Poor Quality National Association of Criminal Defense Lawyers, They have ,1\so intJwluccd a 2GB Jaz only 16kb, obviously il more economic Recordings: Background noises reduced. voices Technical Advisory Service for Attorneys drive, backward compatible with the use of available resources. Mississippi College Law School io,; now made more intelligible, etc. old I CJB drives, :and 8.7 meg/second Whew! I'm going back to some a viewing site for nationally broadcast CLE Semin;u·s. transfer rate (unless you usc a real thing easy, like Front Page 98, whi\:h QUALIFIED AS AN EXPERT Upcoming satellite seminars include: AUTHENTICATION of Questioned Recordings: screamer, that's Faster than your exist Microsoft has jlJst sent in for the web INSTATE AND lit pes tested for editing. tampering. originality. etc. ing hard drive). site. See you there! FEDERAL COURTS Annual Winter Estate Planning Speaking of hmd drives, prices arc Questions or comments? Drop me Practice Update dropping there, too. You can get 101\ an e-mail at 76616,1020@com, COURTROOM PRESENTATIONS: CV. References, & Wednesday, Febnmry 4, 1998 Evidence recorded onto Compact Disc and or digital computer Fee Schedule Available drives for less than a hundred dollars a puscrvc.com, or better yet, wcbmas Employee Benefits Changes for 1998 system for immediate recall and playback of any selection. UPfJn Request gigabyte, something no one in his tcr(il> bi ndsbar.com. right mind would have even dreamed Thursday, Fcbnwry 12. 199il ahout a few years ago. CONSULTATION on Audio and Tape-Related matter How to Value the l'ersnnal Injury Case: Also Those bigger hard drives bring a new level of complexity to iitorage. PRIVATE JNVFSTIGATIONS: Negotiating Strategic~ and AUDIO & VIDEO TAPE COPYING & EDITING: Anybody out there familiar with dus From any formal to any format, including Standard Cassette, Mierocassette. Surveillance, Settlement Techniques ter siz.es? (If so, let me know and you Thursday, February 19, 19'))) .\liniCassette. OAT, CD, lvtiniDisc. VHS, S·VHS, VI-IS·C, 8nun. Hi·8. Beta. and others. countermeasures, computer-related can write the next column!) This is to evidence give you a quick look at the tip of the For Information, Please Call: iceberg. (There's a lot more detail on (601) 925-7173 JAMES A. GRIFFIN this in Jerry Pournel!c's column in the (601) 353-7405 • Fax {601) 353-7217 February Byte.) Most any hard drive ~--- ~~~~~~~ ~·· .. -~~~-~--- ~---~~~~ ------~~----~ ····~···---- 7 ~--~~--- ~-- ~--~------~----~~ ~--~~- Hinds Chancery · Captain Equity's Houston .J. Patton, County .Judge Ex Parte Procedures nmlinuedfmm page 3 not simulate the effect by having Ex Parte matters are handled in the state purchase the old Patio Cluh Judge Houston .L Patton is Hinds Judge Patton's suggestions to remember that if a lawyer asks a ques Chancery Court in Hinds County in WEDNESDAY: Judge Robinson and the Sun & Sand ba;;ement restau County's senior County Judge. He has lawyers at trial nrc to know your case, tion on cross-examination and gets a Jackson on Mondays through - call and set rant and har. But don't stop there. served as Cmmty Judge since 1989 be prepared, and don't be argumenta responsive answer, the lawyer is stuck time with Carol Thursdays from 9:00AM untilll:30 Purchase of The George Street and as senior county judge since 1995. tive. Respect jurors as intelligent. with the answer. Judge Patton is not AM. Ex t'artc sign-np procedures arc: English or Grocery, Creehalcs Restaurant and the Judge Patton grew up in the Tlmgaloo They will be interested in yourc:tsc if going to strike the auswer. Paulelte Myers, Dock would consolidate constituent community. He mceived his tmder you will let them be interested, In non A llHljor problem with respect to Court graduate degree at Fresno Stale in jury trials, Judge Patton allows a judi Youth Court work is not having suftl MONDAY: Judge Wise Administrators services while providing needed de California and his law degree at cious u~e of leading questions on cicnt facilities in the county for either sign up with (%X-652l) facto ollice space at a fraction of what Southern University Law School in direct examination in order to speed short or long-term housing ofjuvc Courtroom Clerk last year's hill would have cost. nites. A Youth Court judge has very Richard Turner Certainly, these arc not the only Baton Rouge. up the trial. when you arrive THURSDAY: Judge Singletary deserving pieces of lcgisla!ion, only Judge Patton's regular weekly Judge Patton allows lawyers to con~ limited alternatives in dealing with in Courtroom 4 - call and set the most pressing. In the name of schedule is Monday mornings hearing duct voir dire as long as the lawyer is juvenile problems. There is going to time with hi;; humor, irony or :Ul outside shot at motions, Monday afternoons trials; not being repetitive or not trying to he a new juvenile facility constructed Court Reporter, good government, lam realist it: Tuesday mornings trials and Tuesday give an opening statement. However, in South Jackson which will house the TUFSDAY: Judge Owens Ruth Olcnski enough to know that far more foolish afternoons preliminary hearings; he is strict on time limits on dosing Youth Court, counseling services, and call and set time (96H-6547) measures willactua!ly he signed into Wednesday !rials; Thursdays and argument, "because by the end of the detention facilities. There will be 95 with Court law- hut the optimist in me remains Fridays at Youth Court. Judge Patton trial, everybody is ready to go on and beds for juveniles in the new facility, a Administrator handles all eminent domain cases. In get through." significant increase from the 25 beds '!Crrcm:c Miles HUDAY: No Ex Parte. hopeful. Youth CoUJ1, he handles detention, On objections, Judge Patton wants in the present facility. (973-5542) shelter, and dispositional hearings. the objecting lawyer to state the basis In his civic life, Judge Patton has Based on his experiences in for the objection and then the protTer·· served as President of the Murrah debriefing jurors after trials, Judge ing lawyer to provide a short response Mustang Booster Cluh since 198H. Ht: Patton is convinced that jurors do I is before the Court rules on the objec is a leader in the Tuesday Forum to ten to the testimony and pay attention tion. If there is going to he extended Save Our Sons in the Georgetown area to the evidence. Jurors complain fre argument on the objection, or the of inner"city Jackson. This program Chinn & Law Library Hours quently of lawyers beating a point to objection involves something that the offers mentoring, tutoring, and field Associates, PLLC death. Jurors notice a lawyer's jury should not hear, Judge Patton's trips to youth residing in that area of demeanor; they do not like overbear practice is to excuse the jury rather town, with an emphasis on encourag JANUARY 8TH-MAY 6TH, 1998 ing, condescending and argumentative than to conduct bench conferences. ing the development of reading and Would you like to be a part of a lawyers. Judge Patton reminds lawyers to math skills. legal team that is offering unique Regular Library Hours and unparalleled service? Chinn & Associates, PJJ.C is looking for an Monday- Thursday 7:30a.m.- midnight attorney to join our team in the Friday 7:30 n.m.- 9:00p.m. practice of domestic relations with Saturday 9:00a.m.- 9:00p.m. clients whose marital assets arc one Sunday 2:00p.m,- midnight Committee Spotlight: People's Law School million dollars or more. We have a cutting edge domestic relations Exceptions: Spring Rreak-March 6th-March 14th, t998 team that provides unprecedented Monday- Friday 7:30a.m.- 5:00p.m. The IICBA People's Law School held in the Community Room of The April 14- Divorce/Family Law and service in legal, financinl and psy Saturday 9:00a.m.- 5:00p.m. Committee, chaired hy John Henegan, Clarion-Ledger. The cost is $5 for Consumer Protet:tion chological counseling. If you arc Sunday 2:00p.m, -5:00p.m is finalizing its plans for the 1998 individual sessions and $15 for all Serving on the People's Law service oriented, enjoy working in a People's Law School. This is the rom. School Committee are: Mitzi Dease state-of-the-art environment, and Paige, vice chair; Harris H. Barnes, Exam Schedule: April22nd-March 6th, 1998 eighth year for this program, a public The People's Law School is want to join a progressive team, for education project of the har. Co-spon designed to answer everyday legal HI, board liaison; Luke M. Dove, Jr.; Monday- Friday 7:30a.m. -midnight ward your vitae to: soring is The Clarion-Ledger and the questions. The topics include: Elizabeth Baine; R. Keith Foreman; Saturday 9:00a.m.- midnight school is financially assisted by the March 24 ~An Overview of the Richard M. Fountain; Ernest Taylor; Sunday noon- midnight Mark A. Chinn Interest on Lawyers Trust Accounts Mississippi Judicial System and Docs William R. Townsend, Jr.; Michael Chinn & Associales, PLLC Program of The Mississippi Bar the Court System (both Criminal and Hartung; Deanne Mosley; James D. For more information please call 925-7120. Foundation, Inc. Civil) Work Bell; John Flynt; Peter I,. Doran; Post Office Box 13483 Subject to change without prior notice. The 7:00 to Sl:OO p.m. classes will March 31- Employment Issues aud Kimberly Howland; and Will Wilkins. Jackson, MS 39236 be four Tuesday nights, March 24, Personal Injury/Insurance April 7- March 31, Apri\7 and April 14, and Rea! Estate Law and Wills & Estates ~ ______j ------~~~- - 9 ~c_' _____ Christmas Social 1997 l HCBI\ mcmbeJ s and guests enjoyed the DcccmheJ 4th Chir::.tmas Social at the Mississippi Bar Center. Harris and Margaret Collier, Scott 1-Icm!ehcn Mike Gieger, John Flynt, Ben Williams Mark Franklin, John McCullouch, Judge Leslie Jay Travis, Judge Linda Thompson, Jimmy Robertson Southwick Reuben Anderson, Dan Hise, Rod Clement Lee Hetherington, Michelle Partridge, Mike Maloney Joany and ,l;mmy Ymmg, Leonard Van Slykc ,,, ,J Judge Robert Gibbs, Shane Langston, John McCullouch H) " ;=::--=-----=-======~ ------Hinds County Bar Association 0 HINDS COUNTY BARASiiOCIATION D OFFICERS Jol!ll ~(?tf<:L'ulk>i>dl Jackson Young Lawyers Association, Inc. Pres/dear_ Mmk A. Chinn _ Hce l're. Special Guests: --- NR\vSLETfl':k Elllrt)RI;{~, IWARri 1\idoan! Mon\~gue - -Ll'iWi'/1,. TOOmP.>on. Hinds, Madison & Rankin County : Ediwr , ' ', · - ("<.I·Fdit"r ' , . il;,f)' fl. h)'I'CJI .. & JaiJW> L Rob<;.riwn State Federal Judges D:c;;tc;~·~z;!a MJ/1 C. Henef ------ Hinds County Bar Association, Inc. 15 I E. Griffith Street Jackson, MS 39201 FIRST CLASS ,---~~~··~~---~· ~- ~~-~~ [ HINDS COUNTY BAR ASSOCIATION ---~-· -~- ·- MAKING OUR CASE FOR A BETTER COMMUNITY l - JlJNE 199H ceive ourselves and our e1~oyrnent ami informal social settings to interact, satisfaction in our work. (t has every socialit.e and learn. Finally, I have President's thing to do with how our friends, fami asked lhc Profcssionnlism Committee Column ly and the public perceive us. Finally, to iuvcstigate the possihility of creat by Mark A. and most importantly, it has everything ing a "Pro!Cssionalism Institute" to do with how our system orjustice which would serve as a repository for Chinn works. And that has everything to do information, a center for training, a with our freedom. sponsor of educational programs and a keeper of the high standards of profes What a thrill it is to be siHing in the Professionalism has been talked sionalism of this great Association. chair of President of the IIinds Cou!l!y about for years by mauy people, but Trip has said that he wnnts profes 13ar Association! I have always we don't feel we eantalk about it sionalism to be the theme for his year regarded this Association as one of the enough. We're going to deal with the too. Thus we foresee a consistent push finest I hav~: ever been iuvnlved with. topic of prokssionalism in every one And members of this Associatiou, you of our meetings, and we are going to from our bar in this dircction.We have arc not only the fiucstlawycrs and structure our programs and service expanded our number of luncheon meetings during the year from five to people in the world, you arc abo my around it. friends. In this article, I want to We have established a special ad six. Each meeting will contain a pro acknowledge the efforts of John hot: commillcc called "The fessionalism presentation which com McCuHouch, discuss our theme for the Prokssionali~m Committee." I have plies with requirements for an "ethics hour" of continuing legal education. next year and lay out some of our asked Trip Hames to chair this com This means that by virtue of your plans. mittee with the help of Vice Chair, John McCullouch served us well as Leyser Morris. The Professionalism Hinds County Bar membership, yon can obtain one halt" of your yearly President. [lc approached the office Committee will coordinate the profes CLE requirement for a nominal cmt with a conviction rarely seen. lie was sionalism topics for our meetings. ($5 per session) while losing essen intent on increasing our numbers and The CommiHee might explore a tially no time from your office. We he did. Our membership roll is its professional ism code of conduct for know this will be a special benefit to highest ever. lie was imc11t 011 incrcas" the HCBA. They will also look at all lawyers, particularly small firm ing attendance at our luncheon meet estahlishing a Hinds County Bar "Inn practitioners, who depend on their ings, and he did. A !I of our meetings of Court," the purpose or which will be time in the office for their every dollar. this past year were packed. lie was to bring judges and lawyers together in intent on facilitati11g fellowship, and (~~(!n!jlll!~-1-~'.~1 p:1g~' _~- he did. He made special arrangements for us to sit at small tables at our meet April Membership Meeting ings so we could talk. lie also brought us several excellent social functions, the last of which wns a precedent set ting cooperative effort of the Hind~ County and Magnolia Bars. I've known John since our days together at Ole Miss Law School. He was a leader ami a consummate gen tleman then, and he is now. Thank you, John! Our theme this year will be "Professionalism,'" which is also the theme for the American Bar Association. Professionulism strikes at the very core of our profession. It has everything to do with how we per- with speaket; Ot: Ross LdgttZXll ~~(Decision Quest. Jfe is pictun'ill President John McCu/lmwh umll'mgram Commiffcc !Hember (eslic !Joho, .. ~~···~·~~·· ····~~·------~ HINDS COUNTY UAR ASSOCIATION LUNCHEON MEETING .June 16, 1998 12:00 Noon Capital Club Lunch $10.00 cu:$s.oo Professor Guthrie 'f. Abbott will present the CLE pl-ogram "What is Professionalism'!" ----~---- ,/uly 30<) I (ktoher 20 -- CLE by the Hour. , HCHA Membership Meeting and -l FNEJ Shall Rise Again: A Report from the Front CLE Calendar UM-CLE. 601-232-7282 One llour Rthics (:I.E. by Captain E{tuity of Events Noon. Capital Club The recent story in Th(' Northside pushed through an edict banning all junkie~. Just after dark. foreign-made December 15 June 19 Sun concerning the set:cssion of fast food within the city limits. It was luxury cars would bring the nutrition HCHA Membership Meeting and Winning Negotiatiom. HCBA Calendar Northeast Jackson from the City was the drive-through window equivalent ally challenged !o a staging area at the UM-('LE. 601 -232-72X2 One Hnur Ethics CLE. just too good to pass up. So, with of the creation of Pakistan and the Sam's Club meal and produce depart~ of Events Noon. Capital Club apologies to Shdby Foote and Paul Stale of Israel a!! nt the expense of mcnt. A group of guides would then June 24 Harvey, here is the rest or the story. Wendy\ 1f_u:o Bell and Popcye's. Thus lead the escapees to the Bomcs ond Insurance Law Update. Februwy 16 It slaried innocently enough. it was no surprise that the first armed Noble Coffee Bar or the lobby of I .orman Business Center. 7 !5-833- IICIIA Memhel'ship Meeting and Frustration with the City Council in conflict would be the Battle of High Rommw\ Macaroni Grill where they 3940 One Hom· Ethics CLE. Law Firm Updates general and the cable tv negotiations Street. would wait for a chance at freedom. Noon. Capital Club in particular prompted someo!le to do Mayor Harvey "Honest Abc" As the last light at North !'ark Mall ./UIIC }{), )u{y f. Ju/y 7, a little legal research on the plausibili Johnson immediately issued a call for clicked off, hordes of KFC addicts July 8, July 9, July /0 April 20 ty of Northeast Jackson pulling out of help from the likes of Dave Thomas, would make a dash to ti·ecdom across Computer Kindergarten. HCBA Membership Mcctinl!; and Auomcy-Medialors Institute is iVIissis<;ippi's Capital City. And then AI Copeland and the National Fast County I ,ine Road to the fast food The Missi~sippi Bar. 948-447! One Hour Ethics CLE. pleased to advise that the following came the Convention and Visitors Food Workers ol" America. Not only equivalent of Canada- Ridgeland, Noon. Capil ...... -·------2 J President's Colnmn ' I HCBA Members Serve Science Network continued from page I Several members oft he Hinds tics will be designed to foster an envi Jackson's municipal planetarium. Our Jlrst program will feature Guff one <)four meeting presentations. Our Ben Piazza has agreed to chair our County Bar Association arc among the ronment for creativity on the part of Immediate objectives include expand~ Abbott, the President of The Black J,awyer Participation Long Range Planning Cornmilke. We leaders of a new organin1tion designed both !earners and teachers." The net ing Studellf Spa("e S'tatirm to four addi Mississippi Har, who will discttss the Committee, chaired by Dorian Turner started the long-range planning to create better science education work conceived and funded the cur tional sites within the stale and cstab, meaning of professionalism. Trip and Rhonda Cooper, will also sponsor process this past year, and we plan to opportunities for Mississippi students rent planetarium feature, entitled "The lishing year-round operations for that Leyser, Terry Wallace and Barry Jones a program on recruiting and retaining continue this year with hopes of the Mi~sissippi Science Network, Inc. King's Astronomers," which discusses program. The network also seeks to will be handling these meetings for us. minority lawyers. I will also ask the n;ddining our mission and creating a Its 20-mcmbcr board of directors science in the lime of King l..m1is XIV l!nk the state's existing science centers We're going to try some special Black l,awyer Pnrticipatinn dear vision of our Association's indudcs Barry K. Jones (Wise, Carter, of France, and the unique contribu and formal education providers elec projects for the community. Since I Committee to address at least one future. Should we set our sights on Child and Caraway) and William tions which his astronomers made to tronically for better service to students am a family lawyer. I sec needs for the social issue, such as the plight of the staff, <1 building and proper equip Winter (Watkins. Ludlam, Winter and our understanding of the cosmos. and educators across the stale. family which we can address. Susan homeless in our area. ment? Should we expand our service Stennis). The new organization repre Jones led the board for three years Toward that end, Jones now heads the TsitnoJtos has department at 888-262-2104 for more information. ~~·····--····-·~ Endorsed by the Hinds County Bar Association and the University of Mississippi Law Alumni Chapter New Legal Research Computer Installation by Linda A. Thompson The Hinds County Bar Association Last June, the Board of Supervisors There arc four computer work ter .., . AMERICAN is pleased to announce that the legal approved the recommendations of the minals and a CD-ROM network in a 1\: NATIONAL rcscnrcb computer installation at the IJCHA Libmry Cormnittce for this central location on the main tloor of Eudora Welty Branch of the computer installation and authorized the Welty 1_ihrary. Library patrons will ,r LAWYERS Jackson/1-linds County Jjbrary 011 the expenditure of approximately he able to research the law through North State Street is now complete $85.000 from the Hinds County various CD-Rom sources and access " INSURANCE and ready for public usc. Library Futtds to purchase the requi~ the Internet at the new "higlHech" law RECIPROCAL A ribbon cull in~ was held on May site equipment and hire a part-time collection. 27th to herald tlJC IlCW law research law librarian, with an additional Risk Retention Group station. 1997-98 President John $20,000 for the first year's mainte McCul!ouch represented the HCBA at nance. The Library Fund is derived the ceremony. from court costs. -- --·- --······--·.--- 10 II Reception for Judge Gibbs On Computing ' \ by .Joel Howell ;\ large number of attorney~, judges ami friemls honored Judge Robert Gibbs at a reception sponsored by tile ( linds County Bar Windows 98 is eoming the end of your system and works i11 conjunction able from the /"vticrosoft Web site. Association on March 27. June. Js it time, to upgrade? Again? with the new system file checker, the You should also be aware that For those who went through the system configuration utility, and the Windows 98 is just another stop on the considerable ortlcal of upgrading to registry cheekcr. 11Jadway to the unification of Windows Windows 9.'i, the good news is that Now, consider your upgrade NT and DOS/Win3.1/\VFWCi/\Vin95, this upgrade may not he ucarly as options. If you arc still running etc. NT 5.0 at this point is to he Constitution-wrenching. Before look Windows 3.1, Windows for release in the second quarter of next ing at some of the nuts and bolts WorkGroup 1.11, or, perish the year, though that is subject to the though, let's take a look at what thought, some older version of DOS, uswtl delays in major Microsoft Windows 96 is and is 110t. Mierosnn, has no holy wrilthat man implclllCntati(mS. First of a!!, the kernd has been dates your upgrading. Obviously, Given all this there is no simple tweaked, meaning that you will he however, if you buy new equipment, it answer, hut the foregoing should give able to boot and shut down quicker will havt' Win(~ows 98 on it. you a brief glance at the tip of the icc than Windows 95. Second, your appli Moreover, your old AT and XT, berg. For more information, visit the cations should launeh faster, thanks to machines urc not going to run forever. Microsoft web site. You will also a new disk dehagmcntation utility Nevertheless, that does not mean that enjoy the June Byte and PC World with enhanced disk optimization. you may Hot elect In stand pat. articles on Windows 98, These technologies arc said to wmk If you arc running Win 3.1 or By the way, as this is wriucn (c. together synergistically, so that, in wrwo, y("JU can upgrade directly to May !5), the scheduled release date about one month, a eombination of Windows 98 without taking the intcr for98 is still June 25, but Microsoft La Feme EdneJ; Michael Rhodes, Tess Melton Mark Chinn, Linda Thompson, Jimmy l?obertson, Dean disk cleanup, disk dcfragmcntation, mcdialc step of moving first to and the Justice Ocpartrnent continue a Ricflord llurt and realignment of applications shoultl Windows 95, Windows 95 was and is high level di;Jiogue over the incorpo optimize Windows 98\ performance. decidedly more stable tlwn the Win ration of the Internet Explorer browser Windows 9H also has some new 1. I /WI'WG implementation, and that in the operating system. features. Chief among these is a additional peace of mind may well he Windows update feature that. will let worth the upgrade, Remember those 400 Mllz systems you surf the Internet to sec if the latest If you arc already using Windows thnt I noted would be out by the end of patches to the operating systems have 95, the step up to 98 will be a kinder this year? Surprise! You can buy them been in~talled. It also includes FAT32. and gentler upgrade, httt the system now. which was already present in the later enhanecmcnts and new features arc versions of Windows 95 and uses not the generational step that took V/c continue to rellne the web site, slllallcr clusters to make more disk place from Win 3.1/WFWO to Win95. and arc looking for more content. space available. (For more on dusters, In fact, a fair portion of what Win98 Please drop by hindsbar.com and leave sec my article a couple of issues ago.) docs is simply incorporate the features questions or comments for wcbmas- There is also a new systenl infor found in OSR2, the later release ver t er@ hi ndsbar.com. mation tool that provides quite a bit of sion of Win95, ;ts well as the service information about what is running on packs and patches already download- Richard Roberts, John McCullouch, /fenry Clay Agreements to Arbitrate Future Disputes Now Enforceable by .John Land McDavid Prior to IP Timbnlands Operating In 1981 the Mississippi Legislature ject matter of the suit, a ninety-nine Company, Ud. el al. \', Dcmniss created a statlllory cxteeptionto the year lease on approximately 140,000 Corpomtion, e! a!.. No, 96~CA-00140- common law rule for contracts having acres of Mississippi timber land, was SCT, 1998 WL 149395 (Miss. April to do with building and construction also subject to the Federal Arbitration 2,!998), Mississippi followed the and for certain professional services Act of 1947. 9ll.S.C. §§ 1-307 common law rule that agreements to relating to building and construction. (19%). arbitrate future disputes arc voidable Miss, Code Ann. §§ Il-l 5-101 to 143 This decision is a complete reversal at will by either party ill any time (Supp. 1997). of long standing. law and will now before a valid award is made. Jones 1'. In If' Timberlands, thc Mississippi make enforceable arbitration or other Harris, 59 Miss, 214 (188 I); Standard Supreme Court expressly overruled dispute resolution provisions in & Supply Co. !'. Mississippi Steel & the above line of cases. The eourt stal presently existing contracts. The deci Iron Co., 3X So. 2d 488 (Miss. 1949); ed, [t]his Court will respect the right sion also allows Mississippi attorneys Machine Prods. Co. l'. l'mirie rocol of an individual or an entity to :1gree to include, with the cnnridcncc of Lodf;e. No. 1538 oflnt'l A.u"n in advance of a dispute to arbitration enforceability, such provisions in Judge Gihh.1·, Debra Gibbs, John lHcCullouch Machini.l"t, AFL-CIO, 94 So. 2d 344 or other alternative dispute rcsohl future agreements. l.ukc Dol'c, Rebecca Wi},'fi'S, Judge Gibbs, Cl(ff Hodge (Miss. !957). tion." The court also held that the sub- ·················----- 12 ~~~--~~ Hinds County Bar Association Budget 1998-99 New Public Defender Act h)' .James L. Robertson Income Uudget Lnv Office Survey 500 Law Week Dinner 6,5(H) ANLIR $4,000 l,awycr Referral 1,000 In the 199R Session. the The genesis of the new Act goes Crimimd Justice 'Dtsk Force of The CLE 2,600 Management Scryiccs 21,500 i\:Jississippi Legislature pas~ed and back to I 062, if not before. ln that Missi~sippi 1 Bar began a similar study. Grants ($5,000 97/9R) 5,000 Members Socials 3,000 Uov .. Fordice signed into law Senate year the Supreme Court of the United The Task Force and the MJASC Interest Earned 2,500 Membership l,uncheons 5,300 hill 2219, known as the Mississippi Slates in Gideon 1'. Wainwright held Suhconnnillec worked closely togeth Law Finn Survey I ,000 Miscellaneous 500 Statewide Public Defender System that nil persons charged with l'clonies er thereafter. In November of 1993, Law Week Dinner 4,500 Newslcllcr 10,000 Act of 199fi. had the right to counsel and, if such the Task Force engaged the services of Lawyer Referral 1,000 Peoples I ,aw School 1,000 When fully impkrnentcd. the new persons were indigettt, they had lo he Tht: Spangcnhcrg Gronp of West Membership Dues 64,500 Postngc 6,500 Act will establish a state-funded dis provide~! counsel at state expense. The Newton, Massachusetts. to come to Membership r.unchcon J!ees 4,200 Printing & Supplies 4,500 trict defender's office for each circuit Legislature imposed this state respon Mississippi and study the state of indi~ Miscellaneous ISO court district. The District Defender sibility on the counties, an unfunded gent dcl'cnsc here. The Spangenberg: Newsletter Ads 2,000 Projects: PAIRS 500 will to a large extent he the counter mandate in loday's political jargon. Group is a nationally recognized Peoples Law School I ,000 Parenting Classes 500 part of the District Attorney. The new For years, the appointed counsel research and consulting firm which Tburnanlcnt-Golf 14,000 Professionalism Institute 500 Act contemplates that tht: District system in Mississippi has operated on has assisted over half the states in the Total Income $106,450 Symposium on Family 500 Dcft:nlkr will have ~~- ~~~~~~~~~ 14 .., An Evening Honoring The Judiciary GOLF OUTING JUST FOR'tAWYERS 1\n Evening Honoring the Jtldiciary on May 7, sponsored by the Hinds County Bar Association and the Jackson Young l.awycrs, was tltc largest attended in the five year history of the cve11t. Held at Primos Northgatc, the Keynote Speaker was (All Lawyers and Judges In Hinds, Rankin & Madison Arc Eligible) Missis:;ippi Attorney General Mike Moore. The HCBA and the JYL wish to thank Trustmnrk National Bank for sponsoring the reception before the dinner and 1\tlississippi Valley Ti(]c Company for providing the Bowers. The HCBA presented its Outstanding Service Award to John C. rlcnegan and its Pro Bono Publico Award to Ben J. Piana, 6th Annual Jr. Recipients of the JYf. Awanls were David F Maron, Outstanding Service, and Jane Wallace Mcynardie, Pro Bono Publico. HINDS COUNTY BAR ASSOCIATION/ JACKSON YOUNG LAWYERS GOLF TOURNAMENT Friday, August 2S, 1998 Shotgun Tee Off: 1 :30 p.m. Hamburger Buffet 12:00 noon Deerfield Golf Course Jolm McCullouch mul Jolm 1/enq;an .fohn McOtllouch l/11(/ Mark Chinn All proceeds from the tournament will r;o to the MISSISSIPPI VOLUNTEER LAWYERS PROJECT 4 Person Scramble* Limit 116 Persons COST ONLY $85 Per Player includes Lunch and Post~Tournament Cocktail Pa•·ty ------ REGISTRATION FORM Justice Willimn H't1lh~1; }1:, Auorwy General Mike Moore, and Jolm Nh:Cullouch DI'AI)LINE AUGUST 17, 1998 Your Handicap--~----~ ~-----~ Address ______~ Team Members Handicap Phone ____ ~~---··----- "'Euch competing "4"somc must have a ~.:omhincd handicap of at least 40 or llll)f<' with only I mcmhcr having a handicap of !0 or le~s. Send registration and checks payable to: Hinds County Bat Association, c/o Dehra Allen, 206 W. Pearl St., Suite 1411, Jackson, MS 3920 I. For more intormat1nn call, Debra at353000 I~ ~··~······~ ··~ ··~~ ··~~~~~.~~ --J 17 "' ------·---- ····---~- Initiative To Slam Punitive Damages MC Law Dean Accepts Position Wi~4 The ABA by Elizabeth Featherston During his deanship, the law school the ["vJissis~ippi Supreme Court At the end of seven years as dean, SLAM (Swp Lawsuit Abuse) on could he only one award in one case mentioned. ha~ continued 10 gain regional and J. Richard I furl will step down from Adviwry Committee on Rules and has i\:lay 8, 199X, filed an initiative pro for the "same act, decision, omission The initiative by its terms would national recognition through the schol served as Secretary-Treasurer of the his ndministrativc position at posal with the Secrct!ll")' of State or C(lHrse of conduct." Apparently any apply to all pending civil actions in Mississippi College School of Law to arship and law reform work of the fac Charles Clark Inn of the American which would by constitutional amend award for punitive damages auywhcrc which trial or retrial had not been become the Deputy Consultant on ulty, the successes of its moot court Inns of c:ourt. lk is a mcntbcr of the ment tlrastically limit the availability would provide immunity in commenced, providing retroactive Legal Education to the Amcrit:an Bar teams in inter-law school competi Board of Advocates for the Baylor of punitive damages in the State of Mississippi against any further award immunity from punitive damag(~S Association, ciTcdivc July I. In this tions. and the outstanding placement University Library System. Mississippi and dramntically increase 4. Then: could he no award for' claims in at least some pending position, he will assist Dean .James P. of its graduates. Under Dean Hurt's In 1997, Dan M. Lee, then Chid the burden of prollf. If the group col punitive damages in any products case actions. White, long-time Consultant on Legal leadership, the law school established Justice of the Mississippi Supreme lects the required signatures. the initia if the aspect of the product that camcd Additionallt, the present provision~ Education, with the accrcditatiou its fir~! Board (lf Visitors, an advisory Court, presented !Jurt with the 1997 tive wi!! be on the hal lot in November the plaintitr's h;rnn was in compliance of S11-1-65 expressly exempt contract reviews of the I NO ABA approved law hoard composed of judges, practicing Chief Justice Award. This honor goes 199l), with: and libel and slander actious from its schools, applications for approval by members of the bar, and outstanding to a member of the Mississippi llar The initiative incorporates and rais· (a) Any federal statute in effect ill provisions. The proposed iuitiativc new law schoob, and requests for business leaders, which has a~sisted who ha~ a distinguished record of pub cs to constillltional status much of the time or production; makes no such exception. Punitive approval of new programs by cstab~ the Jaw :.chool ill its deliberations lic service and has advanced the credi prl~sent law on punitive damages, (b) Any administrative regulation damages in cases of slander or libel, !ishcd law schoob. about inlportan! !lcvclopJnental issues bility and image of the legal profes i11corporating the bifurcated procedure deregulation or any federal agency where economic damages may be par Additionally, Hurt will meet regu such as relocalion. sion in Mississippi, of* 1 !-1-65. and the present limitation with responsibility to regulate safety ticularly difficult to prove, would fall larly with the Standards Review In 1997, the Mississippi legislature Dean Hmt and his 1:1mily will move on claims t~1r punitive damages ti:Jr or the product; under the punitive dmnagcs limit as Committee, Accreditation Committee, passed aud the Governor signed into to Indianapolis, Indiana. where the sellers of producfs. (c) 1\ny approval or t-crtification would h;ld faith actions. and the Council of the Set:! ion of law a hill which will allow the Stale to Consultant's Office is located on the It would dramatically change made by an agency of the federal gov Since punitive damages by dcfini~ Legal Education and Admissious to purchase the existing law school prop Indiana University-Purdue University, Mississippi Jaw and provide substan ernment before the product was mar tion should only he awarded in cases the Bar of the American Bar erty to add to the Capitol Complex. Indianapolis campus. /)can I furl's tial immunity to punitive damages in keted; of egregious misconduct. by 1imiting Association. As Deputy Consullant, he This action paved the way for lhe Jaw wife, Jan. is currently a member of the the following ways: (d) Any state or local statute, ordi the award of punilivc damages to five will also serve as the ABA's liaison school to acquire a new home, a deci Clinton Public School Board. and she I. The burden of proof would, be nance, regulation or agency t'crtifica times one plaintiff's economic dam with the United States Department of sion which should he finalized heforo: chairs the Deacons of Northside "beyond a reasonable doubt." tion. ages and removing any consideration Education which rccognit_cs the the end of the year. llap!isl Church. The Hurts have three 2. Damages would be limited to The only exception to this prohibi of the financial benefit to the defen Council as the official accrediting In addition to his responsibilities at daughters. Rosanna. age 14, Elitahcth, five times economic damages or tion on punitive damages would be if dant of its egregious conduct, the ini agency for Jaw schools. the law school, Dean Hurt has chaired age II, and Margaret, age 6, $250,000 regardless of any pecuniary the plaintiff proved the defendant tiative, if 1x1ssed, would strip bench! to a defendant ari~ing from the knowingly and in violation of federal Mississippi juries of any meaningful wrnr1gru1 conduct. or state regulations misrepresented ability to punish outrageous conduct ORimR NOW! 3. In products cases, (except if new information required to he submitted in proportion lo the total harm done or evidence demonstrated beyond a rea~ to the agency or bribed an official of a in a manner that could deter the defen sonahlc doubt that further punitive federal agency to obtain an approval. dant or others. TilE M/S,\'/SS/l'PIJURY: lAW AND PRACTICE covers every con damages should be awnn!cd, there Hribiug a stale or local official is not ceivable issue involving Mississippi state coun juries in civil and criminal cases, with citation to over I ,000 Mississippi Supreme Court cases, by atfor ncy John 0. Corlew of Jackson, Mississippi. .destined to become /he court mom hihle in Mississippi. To the Hinds County Bar Association Sixth Annual Will Denton, trial attorney, Biloxi, Mississippi Golf Tournament Sl'STEMATICJURY SW,UCTION IN MISSISS/l'J>l; A PRACTICAt Mississippi The People\ f..aw School was so enjoyable and informative. AI'l'ROACH, hy Tupelo, Mississippi, J"orcnsic consultant, Dr. Joe Edward College Thank you. Scheduled !VI orris, tells you how to use the sen• ices of a jury consultant and also how to School of Law The HCllA/.Iackson Young usc the teclmiques of a jury consultant to assist in putting the best possible l.aw Library Hout·s I have written The Clarion Ledger. I hope it will hit the "Letter to /_awyers Golf Tournament bas been jury in the box for your client. the Editor" column. More citizens should know about and attend scheduled for friday, August 28, at this school each year. I do hope you arc not like my doctor about Deerfield County Club. This will be ... il !'arries this pmcess a.\' dose to a .1·cience as possiMe. the sixth year for the project. Last --Bill Lisron. !rial aHorney, Winona, Mississippi Tues., May 26, 1998- whom I bragged so much, it is difficult to get in to sec him. year's tournament contributed $4,000 Fri., Aug.l4, 199X to the J'vtississippi Lawyers Volunteer AVAILAllLE FROM: SCRANTON PUBIJS!IlNCi LLC Appreciation is fleeting; however, the data I picked up in these Project. P. 0. BOX 23444 Mon.-Thur. 7:30 a.m.-9:00p.m. sessions will stay with Me the balance of my lifetime. The The event is being planned hy JACKSON, MS 39225 [!riday 7:30 a.m.,6:00 p.m. speakers were so good! committee mernhers: Snmrt Kruger, Saturd:ty 9:00 a.rn.-5:00 p.m. Chairman; Debra Allen, Stephen The Mississippi Jury: Law And Practice $125 Sunday 2:00 p.m.-6:00p.m. Sincerely, Carmody, 1\-•lark Chinn, Harris Collier, Systematic Jury Selection in Mississippi 575 Kenny Urifl1s, Mike Maloney, Ken Miller, Keith Obert and Ben l'iana. Both volumes $160 For Information, Please Call: · Betty Wentworth (601) 925-7120 { Pickens, Mississippi Subjn·f tu {"hangc wiChuuC prior notie~. J MAll, THIS AD & YOUR CtiJ-:C'K, OR JUST A Cf!ECK, TODAY ------=====- L____-..... Cl HINDS COUNTY BAR ASSOCIATION [] OFFICERS April Membership Meeting Winner Mw\.: 1\. Ch\nn 1'1>';/Jcil/ llan-idl. fi<\rioc.o, I!! .Wu Prcsidou ilnd l'wsidei!I-HI~n Jolon M. McCo!!rmch l'Mfi'k.lidmf mRilc-rriRs Su~n R- ·n;iiMiilQ," Po-;; I SmimCJ C Kelly_~ l'c>st 2 __ lnhn (_and McDavid ·--l'o;t J JOhn E.-Wadc,.-Jr. ~ l'o.'t 4 Dtollkl J~ 1ot\lan --l'w.)·i NEWs'Lr:-inm: ElllTORIAI; flOARti JJ;.d(i A'T!Wf•p~_OO _ Rkhilr ------~ --~------·· \ Hinds County Bar Association, Jm·. J 51 E. Griffith Street Jackson, MS 39201 FIRST CLASS [_ ___j HINDS COUNTY BAR ASSOCIATION MAKING OUR CASE FOR A BETTER COMMUNITY OCTOBER l99S ------President's Mt". Shestack states that "a trne adversarial society, respects profe~sional will implement these individuals and encourages a Column values in practice consistently and balanced, rational solution to disputes. by Mark A. holistically." ABA Journal, ''Taking !d. (1/ 73. .lust how important is civility? Is it Chinn Professionalism Seriously," p. 70, Vol. f-:4, August JI.)(J8. really i\ point of concern that we, ao; Our year of In this Article, l would like to lawyers and judges, should be profcssionalisn1 has hrictly address the issue of civility. courteous and respectful of each hcgw1. As you Mr. Shestack says this about civility: other"! Is this something that our ABA know, we plan to emphasize In the context of professionalism, and om Hinds County Bar, as well as professionalism all year. We have !civility I cover~ not only surface hundreds of other associations, slHmld scheduled six meetings this year. politeness or courteous treatment of conccm ourselves with"! You bet your instead of the convcntionHI five, and opponents. Civility has a much deeper life it is. Civility·-· the way we treat we arc going to have a CJ .E program meaning, one that tran~ccnds cosmetic cuch other····· strikes at the very at each mcding. This lJJC ye::~r. '•, , •' INSURANCE COMPANY S280 (labxic Dri\'C • Post Oflicc Box 1340Y • Jackson, MS 39236 3409 • ( ...... ------· 7 6 ····------······-I ' '' 1998 Golf Tournament The Sixth Annual HCBA Golf Tournament was held August2Xth at Colonial Country Club. partie )ts have praised the event as the best ever. Stuart Kruger chaired the Tournament Committee, and thanks arc due him and the other members, i\.1Jike Maloney, vice chair, Mark Chinn, HCBA President and Board liaison, Debra Allen, Kenny Griffis, Harris Collier, Ben Piazza, Steve Carmody, Ken Miller, and Keith Obert. Special thanks go to Pat Evans, HCBA Executive Director. A substantial portion of the proceeds of the tournament go to the Mississippi Volunteer I ,awycrs Project. Here are some scenes from the event: ' Commi!tec Member.\· -Ken !Hi !let; /)chbie Allen, Stew' Carmod_)\ Kenny Gr{([i.1· Pat Fl'ans, Ed Perry, Jim Mozingo, Fhylfis Thornton, Ben Piazza 7/w Winners Lance SIC\'Cf/S, ,'}'rae_\ _,{/, r:ric. 3en, Ken Miller Margaret Collie!; Tina Ginn, Commillee Memher llarris Collier {)1'/,hie Allen, /Jar/cue Rallard, Nancy !vfcMurmy, Pam (,'rmlcr Committee Members -Hen Piaz.za,, . Chimo .art Knt.~er, Chairman; Mike Maloney, Viu• Chairman -- ' ------··· -· .. --····--··· ····---· ··-·-- Highway Eats ' I Davis to Head State Public Defender System by The Road Lawyer Hinds County Bar member ivl. together with an appeals office based Beth Davis has been named Executive in Jackson. Director of the Mississippi Public Davis has served us Chief Deputy Defender System, effective September Public Defender in Hinds County !5, 191JX. since January of !()92. For two-and The System was authorized by the a-half years before that she was I .egislature at the 1998 Session hy Director and Chief Defender for the S.B. 2239that became clfcctive on City of Jackson. July I, 199X. The program will he Davis staiN] that she was "honored guided hy a nine-person C'ommis\ion. ami challenged" to be the first Commission Chairman James L. Executive Direc!Or. "I am absolutely J{ohertsnn announced that Davis was committed to dcvoling the time, ener selected !"rom some 40 applications gy and hard work nece~sary for the for the top post in the new sy~tem. implementation or a .successful Davis will a~~ist the Cnmmis~iou in statewide public defender system." developing a phase-in program and Temporarily, Davis' office is presenting it at the 10991cgislativc housed in the Administrative Olfice sessiou. Ultimately the Commission of the Courts on Nonh State Street in projects a District Defcmkr and ~taff Jw.:kson. in each or the 22 circuit court districts, Highway Eats column, but I have had some good Mac serves a supcnor plate lunch. ("rmlilmcd.fiom page 10 food there. Down on the Public Square Recently I had sliced roast pork Join is Sweet Basil's, the closest lunch spot with a mustard and lemon sauce, string Highway 0 south of Highway g2, ncar A swell lunch place Winona is !-ky, all you deposition dolls and biscuits and eggs, ami should the eggs in to the courthouse, in the place where beans, broccoli with cheese sauce, the hospital. The lmlTct with two meats Mrs. Nix's on what may be old dudes, how about some help! After he snamblcd or fried? Which reminds the Bankery once was. The fare is sweet potato casserole with marshmal me, I'm partial to Bogard's at the and six vegetables and homemade rolls Highway R2. '1\Jrn south li·om new nagging at Captain Equity for about pasta, salads, and sandwiches, with an lows on top like Mother used to make, had been put away when l arrived, but Highway 82 at the West Winona sign ten years to go back to restaurant Chevron station on Highway 49 just fwlian flare, and a tlilfercnt plate lunch divine homemade yeast rolls, and the Philly cheese steak po-hoy and and drive a block or so tmtil you sec review, he told me to go do my own south of Collins (fried egg slipped and pasta dish featured each day. The platonic coconut cake with real boiled inside that bullcry angel biscuit) and spicy fries were mighty fine. the concrete planl on the right. Across column and leave him alone. portions arc generous and the bread is icing. All this for $S.OO plus tax, and It seems Mr. Mitchell's mother the street in a little blonde brick build So, fine, let him haw: his precious the Texnco truck stop at the Coffeeville fresh baked. I heard the owner say she the table was set with white doth nap makes fried fruit pies from scratch ing with au American flag out front is citified goat cheese and mcrlot I spend exit off 1-55 (scrambled). That Texaco used to be chef at the Macaroni Grill in kin and tablecloth. each day, and that half circle of folded the cafC. There's no sign at all, e.xcept a my days on the-road checking records place has commendable fried yard Memphis. And it's right in the same I said [ need help if this is to be a over thin pastry stuffed with peaches hand-leHercd one announcing "No and talking to witnesses, and I dun'! walker, too. He there early in the day vicinity as the Collector Antiques aml regular feature. Let me hear some chat melted in my mouth. Manna from shirt No shoes No service." have time to worry about what the City for the eggs and biscuits. Things, owned by Dot Broome, wife of from you. Comact TRL in care of heaven couldn't have been that good. The plate lunch includes one meat Council is doing in Jacksou, much less A couple of weeks ago l had to Ba!esvillc attorney Bob Broome. wcbmastcr(iiJhindsbar.com. or write Just like grandma used to make, and from four choices and three vegetables sampling foreign dishes like sushi and work in the courthouse in Walthall, Out on Highway 5! where it crosses me in care of the IICBA News Editor, Mrs. Mitchell sort ot" looked like from lett that itlcludcd hominy and polenta at the local fiuc dining Mississippi. Ever been there? Even Highway 6 arc two credible lunchcrics. 151 E. Griffith Street, with some sug grandma. With tea, it was ull just rutabagas, things not often featured in establishments. What I care about is know where it is? Not Walthall County Bogie's Deli is noted for its special gestions of highwny cats you've $6.0!-1. the gourmet food journals. Then there enjoyiug life a little while fighting off and Tylertown Walthall, the county coffee, sweet rolls, and bagels, but I'm enjoyed recently. Afterwards, while your food is were cornbread wedges, tea, and starvation and the wiles of other scat of Webster County. Don't blink usually there for a salad or sandwich But, I'm warning you, anything settling in on your rihs, stop by the banana pudding. In the aggregate it lawyers on the back roads of this state. between Eupora and Calhoun City, or with top quality cold cuts and cheese starting with "Me" or "KFC'' is !Jllt Euporium uptown on North Dunn was plenty of food for me, but I I'm talking about real country cook you'll miss it. The courthouse is the all(! delicious house dressing with acceptable. Let's talk about barbecue only substantial appearing stmcture in Street to browse the collectibles. noticed the portions were considerably ing,, not tht~ pla~tic and styrofoam fran Greek herbs on it. and corn !llltlfins and revolving tables. Didn't see any genuine antiques among smaller than usual. f understood when chise stuff. 1 want eateries where they town other than the water tower. The Across Highway 51 is Bonnie And what about that newest category the dmt catchers you might want to 1 learned the pric-e of the meal: $3.00, think Sugar Busters urr..: vacuum post office is out hack perched ou the Mac's, a classier joint than what you for us Mississippians - casino food? side hill ... looks like a converted, go on to Anticipation Antiques in tax included. I guess a real hungry jock cleaHers and T-Factor is a carpenter'~ of a would expect in Panola County. It has !'lease avoid all medical terms, like Winona, at the Intersection or could order two plates. tool, and you need to !cave your coat white~ washed outhouse with a flag. an awning at the entrance and a bar "cholesterol." Save those for the doc llighways 82 and 51. Foodwise, Batesville has almost and tic in the car. Nearest food is in Eupora. I had a inside with a big city look. Bonnie tors' depositions. 1_ike which truck stop has the best lunch to brag about at Mitchell's, on gotten too la-tc-dah to be in this Continued Oltpage II 10 " Update from the Preside"t Interview with Dean Sid Moller By Mark A. Chinn Uy Carol West As most of you arc aware, after sorted out my options t~nd t~lso GolfTourn:unent: The golf goal of placing the Partners program and Rhonda Cooper, is looking at more than ~even years as dean of the pondered how maybe I should have tournament went very well. Many in rive schools. Mdissn Gardner has clothes for the homeless and Mississippi College School of Law, .1. listened to my daddy's advice on people felt it was the best ever. agreed to help. Is there anyone else disadv:mtagcd to go on employment Richard Hurt resigned his deanship picking a college m;~jor. I had always Accolades must go to the tournament out th(:rC who is interested'! Please Jet interviews. We arc teaming with the and tonk a leave (}f absence from hi~ been interested in labor maHcrs and Chairman Stuart Kruger and his com us know. Jackson Urban League on this faculty appointment to become the was advised by an LSU professor that mittee, with special commendation to l'rufcssiunalism Institute: l.ouis project. Wear.:: also looking at ways American l~nr Association's Deputy Cornel! was the place to go for that Ben PiaZJ.a, who garnered a record Baine has agreed to chair a to help raise money for l.uthcr Ott Consultant ou Legal Education. MC discipline. So, after my stint with nmnber of hole sponsors. We committee to establish a ami his ambitious homeless plans. President Dr. ! lowell Todd tapped Georgia-Pacific, off I went to Ithaca, estimate we will be able to contribute Professionalism Institute. The Continuing Education: The Professor Sid Moller to serve as imer New York. more than $6,000 to the Volunteer Institute would collect infonnation Contim1ing Education Committee, im dean to guide the law school until a \Vest: What prompted you to come l,awyers Project. on professionalism and assist groups chaired by Barry .Iones, has some new dean has been named. back to the South al"!cr living North of Judges Meeting: llndcr the with professionalism education. exciting plans. They arc looking at a Seeking an "cxclusivc'"artic!e for the Mason-Dixon line for almost two leadership of Robert Ciibbs, a first Cudc of Civility: The ABA has l"rce seminar for IICBA members in the I finds County Bnr Newsletter, I (lecadcs"! ever mct:ling of I finds County trial adopted a Code of Civility and the spring. This would mean !hat, in tonk off my mortarboard, put on my i\-lollel': One reason was family. I judges was held on August 24 at the distributed it to !01.~al bars for combination with our luncheon Cl ,E "Carol West-Ace Reporter" cap, am blessed with a really close family. Capital Club. EvCI)'OllC was ]Jieascd consideration. The HCBA Board is programs, you could get all of your lucked my press credentials in my With the exception of one of my West: Dr. Todd uamcd the Dean with the meeting. We discussed the considering this code and welcomes CLE through the HCBA for free. pocket and took tbc elevator down to ~istcrs who Jives in Arizona, all of the Search Commillcc at the beginning of need to put technology in our court comments on whether such a code Louis Baine is looking into a CLE the firM Jloor Dnm's Suite to inter crew lives in Louisiana, Texas, and Fall Semester. He picked Dr. Debbie rooms and the need to puhlici.t:e the should he adopted awl how we trip in the winter tl.l a warm climate. view Dean Moller ahout future of the Mississippi. As my OWJI children Norris, Dean of the Graduate Schoo!, necessity ofjmy service. Everyone should go ubout it. If anyone is interested in these plans. law school. began to get a bit older, I wanted them a~ chair. Representing the l.aw School agreed that other meetings should he Black Lawyer Partidpation: The please call Louis or Garry. West: Sid, I mean, Dean l\·1oller, to be closer to their gramlparems, faculty and staff arc: Peggy Brown held. Black I ,awyer Participation you"vc been teaching at \·1CSOL since cousins, aunts and uncles: plus, I felt (law sdmol coordinator of student l'rnfessionalism Award: ']'he Commiltcc, headed by Dorian Turner 191-\9. You ~crvcd the law school as ~onJC responsibilities 111ysdf toward service~). Mary Mahoney (direelor of IICBA Board has adopted the plan of Associate Dean in 1994--96. the family. Also, and this may have the law library), Associate Dean Scull the Prot"cssionalism Ounmittcc Immediately bdore joining our been the most important factor, it Norberg and Professors "l'crry J.'razier, faculty. you taught at the University of headed by Lnrry Franck to make a ORDER NOW! seemed to me that the door opening Phillip Mcintosh, and Shirley .Iones_ professionalism award. John Wyoming Sehoul d"l.aw. Didn't you down here at the time it did 1\'as au The committee has strong alumni rep practice in Denver and l. J4 ················----- ············-- t{Qrs d'oe(J~ves) --. Opel) bar ~o costorl)es, --please! Guests welcorl)e ... ··-···-····· ..... ----- Hinds County Uar Association, Inc. Fi..,t Cia'>~' _\t~il !5! E. Griffith Street ll.S. Po\!agc Jackson, MS 3ntll PA!f} J;wk;~Jn, \LS l'mni!#~70 FIRST CLASS