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a amaaw er May 2005 Vol.66, No. 4
ON THE COVER The Grand Hotel Marriott Resort,Go lf Club & Spa, site of the Alabama Stale Bar's 2005 Annual Meeting Upholdinga tradition of graciousSouthern hospitalitysine.! 1847, this extraordinaryPoint Clear hotel resort offersa full range of amenitiesa nd luxuries.See pages 20 1 through 216 in this issuefor convention highlights and registrationforms. and be sure 10 join us there in July!
Al.ASAMA STATEB AR HEADQUARTERS STAFF 415 Dexter Avenu e. Montg
--- ··--No.lM,t--llllllnu<•. C..J -.-. , .. -C>Mstt ~Sl. ... 1511- ,-. ,., l lal ...,_ .. 14 J , 1511C..... -~.bw,J1..._~--,-flot_H _Mo._•11511'-.IIDNo ...~-J l. -~ l~C-,.-No.~S.-F- lobllfP •• t!m°"'4t'lai.b 1..-t w..__"""'-" lr.>C.Uf Mdllll_,_ ,.,,,0ou.T.t,i,rl "'1y .t. 176 About Members , °""""'"11111°"'4-l -- 19111...... t DEPARTMENTS Collly,- 20oilClim\...... ~ -...-., , .. '""" · Amo ng Firms Bioo•G o,,...,_JI. - .. l7nclCmt. ll'anas8. Ah10111, 164 President's Page 111-7.WCm,;Ll'IMtNo l,_C Cin,,11 - 7,l _lb,-~Zl!dC ,n:,.L No Thco1M11,,n. -", lull- PlacoNo Servicelo Clie111s, t!te Public 180 Memorials l. A-J~ Fl,1lnl As Doug McElvy enters nie AlabamaLawyer. Doug, d,>Scribe AL:Wha t feeling have you gonen from your experience so far as the bar presi visiting the local bar groups as to the the final four months as dent. Has it been what you anticipated? state oro ur profession at this time? Doug McElvy:It's really been more OM: Basedon what I've seen, the Legal 2004-05 president of the than I anticipated. One of the things that profession in Alabama is very beahhy I decided 10 do when I was elected was to and robust. We have great lawyersa ll Alabama State Bar, he visil as many of the local bar associations over the stale who care deeply about as I could during my year as presidem. tbeir clients, the quality of services they looks back on the past Thal has probably been one of the most render, the communities they Llve in, and rewarding things I have ever dooc. the legal system. My view is Iha lhe AlabJJm4Sflt r, Bar•.• contiauu to b• a nation11.I laador.· Pic.Wt1.'dobo'III' w1 rhr hoABA 200, Dltm~ law Dayktr;f tfes Aw>tdlo, li>op1.,. •tros, 1mlRh w. . amlcmmy J:Pr,nc,. Ma,,,- ll"'""Y /Jfldl l w Dr(co,ct,;,jr,Af8 PresidentOoug/aJ Mca,y, At.n KOjllt,d.w( ABA l1MJionfr, FWdicfducH r~ Tim!m iT.t.J.1cl 1rqo,,,ery41l tomeyand mmu 'tteeco-dla 1r; itldJ;,ne &l rllJfl. MCillgam 164 MAY 2005 AL:What's been the theme of your adn1inistration? OM: The main focus has been oriented toward our professional responsibilities as lawyers and how the Alabama State Bar con assist our lawyers in fulfilling their duty of service to their clients. the public and tlie profession. The Alabama State Bar does an excellentjob in fulfill ing our regulatory responsibilities and lately we've been asking ourselves how we can bcucr serve the lawyersof Alabama? In fact, one of the questions we're asking "I d.cidH ro lrisit1ts many of tbe local tu,, associationsas I could.· Pte.siderlt A4cflrytraveled rhB state lo rxesen.ttree edliC$ is, if the law of Alabama did not require CU lO/oca1 bar assoc.wti 'Mf andmoot ..w th memlrtsol lheASS . He'$pidureil here wi/h (iadsdetl afZOmti')'S at Pas'ghet6sl t1!!M lawyers co belong co the Alabama State Bar, arc our servicesgood enough that they would want to belong anyway?I one- of ·only a fewin the nation. I know the very early states 10 adopt continuing legal guess that really amounts to two things, bar willcontinue to play an important role education requirements. These arejust a but tliey're interrelated. in the commissionwhich will givesome fewareas. My goal for the state bar is not AL:How have you focused on the pro fonnal structure to addressingp roblems so much national recognition as it is that fessional responsibility of lawyers? associatedwith our legalsystem. the lawyersof Alabama have at their fin OM: ln January 2004,the supreme court ALWhat are the services the bar is pro• gertips the best cutting-edge tools, services adopted a nile that requires every lawyerin viding of whicl, you arc proud! and programs, and that the ASBserve as a Alabama to have one CLEh our annually in OM: The programs and servicesoffered great asset to their professional practice professionalism/ethics.I got the bright idea by the AlabamaS tate Bar to its members and careers.The Casemaker"' project is a that if I offereda freeCLE to fulfillth at a.rebeing followedby the bars of many good example of the quality of serviceswe requirement,then the lawyersin local bar other states. I was at the American Bar are offering 10 Alabama lawyers. associations would come. I've had great AssociationMid-Year Meeting in February AL:Bring us up 10 date on the status of tum-outs when l visit the local bars. I am in S.1hLakea City, nd our programs and the Casemaker project. able to not only talk about professional se.rvices\,•ere be ing shO\\'cased.Our nC\., OM: Casemaker"'is an online research ism/etliiesbut alsot he services the bar membership directory is second-to-none engine scheduled1 0 bei available n May.All offers.The seminar in part emphasizes that and is being copied by many other state Alabamalawyers w ill be able to access one way to counteract the declining public bars for their members. In addition lo C,semaker"'simp ly by going lo the Alabama perception of tlie legal professionis to keep that, the Alabama Stale Bar professional State Bar Websi te at M\Ov.alnbnr.organd the core values of our profession (truth, ism programs, Alabama Lawyers clickingon Casemaker"'.They will have integrity and service) in mind. It also AssistanceProgram, communications available a powerfulresearch tool that is focusesn ot just on core values but also on programs and the Alabama I.aw stllte•of-the-art, has a complete Alabama '"hat the characterof a lawyershould look Foundation programs are receiving and 11thC ircuit library, is equipped with a like in order to fulfill the high calling of the national atlention. At that same ABA cite check mechanismand will be very legal profession. Roteobed ience to the meeting, the AlabamaState Bar receiveda user-friendly.Best of all, there will be no rules of ethics does not make a lawyera national a,"3rdfor uCross That River: accesscharge, a nd Alabamalawye rs will be professional. We all choose whether we will Brown v. Board of Ed11cntio11and the able to accessthe completestate and federal embrace the core values of our profession People Who Lived It." h's been very grati libraries included in over 20 other member and the personalcharacter necessaryto live fying to me 10 see the Alabama State Bar states of LheC,semaker"' Consortiu m. This out those values. The bar has also playeda continue to be recogni1.edas a national will saveAlabama lawye rs hundreds of dol• verya ctive role in working with Chief leader for its programs and services. Jarsa year.All this is coveredin the bar Justice Drayton Nabers on the develop Perhaps many are not aware that the licensefee. ment of his Commissionon AlabamaState Bar has been a national AL: Have you appointed any task forces Professionalism. The legal profession leader for over I 00 years. We passed tl1e during your term! nationallyis devotinga lot of attention and first Codeof EJ/ricswh ich was emulated by OM: Yes. The bar's Long-Range Piao energy 10 tJ,c whole issue of professional the Aine.rican Bar Association and 111any was adopted in 1994, and the goals of is1n)and thec hiefj ustice'scon1 mission is other srates,and then we were one of the that five-yearpla n largely have been 1 II I A I A R .-\ ,\1 A I A \\' )' f. R 165 President's Page Continuedfrom page 16S such o; Jackor funding for educn1ionpro grom, ro, new judges, response 10crhi d~m of the judiciary and several other issu<'S.Thel'e 0s another program 1hntwa., initialed Jan year that should bemen · tioned. AlyceSprudl and Palrick Gni,1!S and lhe,r t•sk force did ao out.standing 10h pumng 1oge1hcrthe wdcnhip Forum. ·n,e forum is an excellent pro gram that trams bwyers lo become lend ers not Just in the bar but also in their co1nn,uni1ics.T hl!'rchas been n great response to thn1p rogram. There nre some gttat young lawyersinvo lved who already arc lendersin their communities. We also hAvt'.w An:hives and History C.ommittecchaired by Ben Spn11ling __ 1 ___ ..... ""' ____ .., _ __ ,, .., __ _ working on the history of the Alab,n1.1 Stale B•r. We ha,oea Quallly of LlJ'c a..- Committee chaired by Matthew White. There arc some sll.ldiesthal show that the ncoomplished. I asked Caine O'Rear nnd Legal Education Rules 10 mukc sure lcgnl profession is by fur the most messfol Ko.rcn Brynn IO head a !ask forc:e1 0 rec 1hey'rcup to date.M I 111cn1ioned, oecup.11ion. J~1wyersarc almoSI four ommend a new five-yearplan for the Alabamnw;u one of lhc fim stole. in the times more likely to have major dcpres, Alab.1maS1a1e Bar. The task force is nation to adopt Mand,uory Continuing sivt'.disorders. One in thre,, lawyerssuf doing •n ou!Stnn 166 MAY ?ODS OM: Accesst o justice has been a con being involved in the legislative process session and is considering a bill to raise cern of mine. Legal Services Alabama is and actually urge lawyersto once again the license fees of attorneys. Why did the doing a great job, but they need more run for public olfice. bar feel the necessity to do that? lawyers and the easiest way 10 approach AL:Speaking of the bar, as we're con OM: The last license increase was in that is through our Volunteer Lawyers ducting this intervie,", the legislature is in 1993.Since I 993, lawyers in Alabama Program. I was glad Gibson Vance, tl,e new president of tlie Montgomery County Bar Association,i s focusing on getting more lawyers involved in the VLP. This is the kind of initiative we need. Mobile does an excellent job with 56 per• cent of their lawyers involved in the pro gram. Many counties have less than 20 percent involve1nent, and I \\lant to chal .. lenge them to get more involved. I have already mentioned the Accessto Justice Task Poree chaired by Sam Stockman. Sam and his task force arc investigating other avenues 10 address access to justice issues, and ro remove barriers and diffi culties facing prose li tigants. Other jur is die1ions,l ike Arizona for example, have instiiuted prose litigation plans, and Sam's task force is considering ,vhether tl1osc types of plans would be appropri ate for Alabama. Melissa Pershing, the new director of Legal Services Alabama, is doing an cxcclltnt job. Unfortunately, her resources are limited, so we're also investigating how we can bener assist her in fulfilling her responsibilities. AL: Are there any other problems you would like to see addressed? OM: In n1y vie,\\ \ 'IC do 1101 have enough lawyers in Alabama's legislative bodies. Out of IOSleg islators in the house, only eight are lawycrs. ln the sen ate, only 11 of the 35 members arc lawyers.I think we need more lawyers in T he 1nost diffi.cultprob lems require the the legislature. I'm not saying all legisla tors need to be la,\iycrs,b ut it \"3.sn1t that most inn.ovative responses. 111.,u thc,,h;id.,.,orot1c1,<1*11• long ago when Alabama's house and sen ate were populated by lawyers. In my view, ff we had more lawyers in our leg islativebo dies, issues like adequate court funding, indigent defense and other problems would be addressed much more efficiently. No other profession is : ~USSISSIPPI VALLEYT ITLE bel1er trained and more equipped in the •• ••• • INSURANCE COMPANY law-making process than the legal profes sion. Historically, we've done a good job of that. As I travel around the state, T 1-S00.8-tJ.1688. "---Y.W,in\1,(0111 emphasize the i1nportanc:cof la,ryers T II E A Lr\ RA .\1 A L A ~\' }' l. R 167 President's Page Co11ti1111ed from page 167 increase.Nobody I've talked 10 will deny consider the services\-\ 'C offer,'"e a re ,vay that their business expenses have aheada of ny other bar association. increased in the last 12 years.And , the AL: Are !here any other matters of bar and OW' staff have been excellent interest to the bar pending before the leg stewards of bar money.The Board of Bar islature this session? Commissioners elected not 10 aeccpl DM: A crisis has developed in our indi reimbursement for themselvesfor some gent defense reimbursement system. The of their expenses incurred on behalf of state comptroller, pursuant to an opinion the bar, saving $•10,000l ast year, because of the attorney general's office, stopped they knew !hat things were tight. As I paying the overhead expensesof lawyers said, we ended up having an SS3,000Joss. appointed 10 represent indigent defen AL: How much is !he licensing fee dants. This is devastating10 !he criminal increase that is being proposed? defense bar that takes appointed cases OM:The license fee increase that is and provides a great service to our stone. being proposed is $50 a year,which will They get S40 an hour for out-of-court raise ii to $300 a year.That's only a $50 lime and S60 an hou,· for in-court time. "Slnu A~rlt• witl l,llflNd,l1Wf'(tl'S tu,,.., bua guatdlng increase over a 12-year period. Over that The state pays lawyers who rake civil ttnd,rotf'Ct.log thf llbertlu• "ffdrights ,w,ram~NI by time, tl,e Consumer Price Index has risen cases $85 an hour. I know that's what AmwiuS loundingdoounMnlS." ~ r ~~ ;tl!fnl1mol a re«inSCLE sembll. ~ r~ lOP/,ll'OC.Qlld 30 percent and our requested dues they're payu1g in condemnation cases "lfle legis/atMIpn;ces,. increase is only 20 percent, so in real dol and perbaps more in some other kinds of lars, Alabama lawyerswill still be paying cases.The lawyerstak ing these crimu1al have paid $250 a year for a license.The less tlian they did in I 993. I think it's appointed cases are not getting paid bar is almost completely supported by important that our lawyersunderstand much for !heir work. In the past they the Licensefee. It's our main source of 1ha1the Alabama State Bar offers more ,,ere allowed to charge moderate over revenue by far. Over Lhela st live years, services than practically any other l.,ar head expenseswhich they were receiving our expenses have been rising at 1herate association in !he country. In fact, !he up until just a couple of weeksago when ofS184,000 a year. Our revenues have only one 1ha1is even dose is !he Oregon !he comptroller said that the state would been increasinga l the rare of S85,000 a State Bar.Thd r minimum dues are $432 no longer reimburse for overhead year.As you can see, Lhatcreated a colli a year,bur they also have a mandatory expenses.So there's a biU right now sion course and, unfortunately, !hat colli legal malpractice insurance requirement pending in the house to allow lawyersto sion occurred in fiscal year 200l /2002 for that raisesthe minia1lu11license fee to coveroverhe ad expenses.There is aJso a.n the bar. Thal year our expenses exceeded over $3,000a year. They are reallythe lndigenl Defense Bill, which provides for revenues by $14,000. The next fiscal year, only other bar in !he country that offers the creation of an Indigent Defense the expensesexceeded revenues by the same services as we do. Alabama Commission for the State of Alabama. $116,000,and 1.ast year it was by $83,000, lawyersare getting a real bargain for what The Indigent Defense Commission con so the bar bas lo have a license fee !hey get from our bar. And, when you cept wiUce ntralize and make uniform !he provision of k-galservices to indigent defendants asweU a s providing central ization of payment issues for attorneys representingindigent defendants.T here are bills pending in both the senate and house calling for the nonpartisan election of judges. Alabama is one of only eight slates which allows for the partisan elec tion of appellate court judges. Many other bills have been introduced which would have an effect 011o ur legal system, such as a bill pending in !he house calling for !he election of the supreme court jus tices by districts. There is a bill whid1 has been introduced in the senate calling for mandatory attorney liability insurance. There are many other bills of interest Lo 168 MAY 200S la,ryers,and we try to followthese as best to their way of government that abhorred est standards of integrity,c haracter and we can. Those are the main bills right rights like those guaranteed by our virtue. 110\", founding documents. The attacks by spe AL:You've got an interesting back, A.L: What's on tap for the remainder of cial interest groups on our jury system grouJld in that you practiced for many your term? and other aspects of our legalsystem years in Tuscaloosaand then moved JOO DM: I'm going to continue speakingal unfortunately are eroding public confi miles awayto Montgomery. How was it local bar a~ociations and civic dubs dence in wbat J bclic,•eis tl1cgreatest to pull up stakes and move? when invited. At the civic clubs, I have legalsystem in the world. These efforts, if DM: Challenging.I was raised in talked about America's rule of law and successful, will have a devastatingeffect. Montgomery, so befog back in the declining respect for our legal This is a mes. cLARE}-'Gll·~"W k ~• fc,,1hr clMllJcm!Aw,1,. 11sp1rat1011 AUTHOR MIKE PAPANTONIO ORDERALL4sgo 1rialAllom ;y VISA.M C."'""' Mde>ECl 1-800-577-9499 J SevillePublishingI P.O.Box12042 I Pensacola,FL32590 I sevillepubHshing.com I HE A I A RA ,\I A I, A \'\' YER 169 President-Elect Profiles Pursuant to the Alabnn1a State Bnr'sRule Governing chc PermoncncS cudyCo mmission for Alabama Courts ( 1977-83). He has also the Election of President served ns chnirmnn of the Environmental l.1w Sccrionor the ASB( 1977). Elect, the following biogra In lhc Birmingham Bar Association. Boots hos ol>obeen very active, serving on numerous comminees (Grievance. phicalsketches are provided Law Day, Budget ond Exteuti\'C)and was president of rhc SBA in 1989.Boots was of FournierJ. Gale,m, clccted as the b•r rrprcsen1Jti,..,on the Jtffmon Coun1yJudicial Nominating and \,V.N.Watson. Gnle Commis 17 0 MAY ioo , urging ofWiUiamD. ( Bill)Scruggs, Rocky Bar Foundation, and in 2002-03, the ASB b«arnc activei n the AlabamaState Bar.He President's 1\,..,ardfor servicesr enderedto servedone ~-caras the barcommissioner the bar. from lhe Ninth JudicialCirc uit (1986-87) During bis time in fort Payne, Rod-y when BillScruggs vacated that seat to serve has been active in many religious,civic asASB president. Upon Rill'sretirement as and community organizations, including a barcommissioner in 1993, Rocky two times as president of the Port Payne returned ro servean additionalten -year Chamber of Commerce, president of the stint as commissionerof the Ninth Judicial DeKalbCounty Arts Cowicil, member of Circuit (1993-2003). LheDeKalb County Economic \.VhiJeserving as barcon1missioner, DevelopmentAut hority, and Sunday Rockyserved in other capacitieswith the School teacher at First United Methodist bar, u1cludingas a member of lhe Executive Church of Fort Payne. Committeeof lhe ASB( 2000-0I ) and as an Rocky represeots both the City of Fort eight-year member of the Disciplinary Payneand DeKalbCounty, and is a quali Olmmission (1994-2000and 2001-03). fied mediator. The last yearof bis service as a bar com· Roc.kyis married 10Donna M. Watson missioner,he served as chaionan of the and they have three children, Alyson, W.N. Watson DisciplinaryCommission (2002-03) . Tamaraand Derek,and two grandchildren, W.N. (Rocky)Watson was born in Legalhonors receivedby Rocky include Libba and Kady. • Tuscaloosaw hile his father was anending selection as a Fellowof the AlabamaState law school after World War II. Rockywas raised in DeKalbCo unty, Alabama where he graduated from the public schools of the City of Fort Payne.After graduating from high school in 1967, Rockyattended Auburn University, where he graduated with honors in 1971.S ubsequent to his graduation from Auburn, Rockyattended the University of Alabama School of Law 011 scholarship, g.raduating in 1974. While attending law school, Rockypar · ticipated in the John A. Campbell Court Board,and served as chairman of the board during the 1973-74 school year. Rockywas also selected 10the Order of the Coif and the Order of Barristers. Additionally,he served on variouss tudent FREEiONE STANDARD CLAUSE fuc:ilitycomm i11ceswhile in law school. {Valuo$9 .501 1fordarptaced at www.blumbdtv.com, Rockyentered the private practice of ~ rcir!he COfl'lpk,le ttleclkil'l of daus88 law with his fother in 1974.W.W. Watson onthe oulfil order totm. had been practicing since 1950 in Fort Black.YIIYjl , 1Y ."c:ap . tJII'$ Payne. Rockyand his father continued to ~ maoogany"""" SOll· wi1hblad< W¥ ~ '°"'ooct ltl)I. t'I\" <3!). llind«wlUlself - --·-.tumededgedurab-.~ndor. bolled 10 om r H E A l A B A ,\I " l A \V r E R 171 Executive Director's Report The AlabamaLawyers By Keith B. Norman Hall of Fame o Mardi 2003, the AlabamaState Bar 3. Honorees must demonstrate a Ufotime Board of Bar Coounissioncrs of achieve1nCJHiand I approved the report of a task force 4. Candidates need some, if not all of Lhc recommending the creation of a hall of followingq ualities to qualify: fume lo honor Alabama lawyers.ASB President Fred Gray appointed the task a. A brcadtl1of achievement rather than a single achievement; force to explore the feasibilityof forming a hall of fame and developingguidelines b. A profound respect for professional for its operation. The task force induded ethi~ the followingmembers: David Bagwell, c. A leadership role in advancing the Fairhope;Gordon Bailey, Anniston; Wade interests of tlie community; and Baxley, Dothan; Linda Braye,Tuskegee; cl. A recognizeda bility to mentor, lead, Camille Cook, Tuscaloosa; Shayana Davis, or to inspire others in the pursuit of Binningham; Robert Gonce, Florence; justice. Judge Vanzetta McPherson, Montgomery; Harry Pr_im,Dothan; Bobby Segall, S. Only deceased lawyerswill be consid• ered. Montgomery; Jock Smitb, Tuskegee;Caro l Ann Smith, Birmingham;and He.nry The commission alsoa pproved the task Williams, J'lirminghrun.Sam Rumore, of force reco1nn1endationabou t the nun,bcr Birmingham,served as d1air and Terry of inductees chosen each year. In the first Brown, of Montgomery, served as vice year,four inductees ,~ere to bese lected. In cbair of the task fon:e.The Alabama subsequent years, three inducteesarc to be LawyersHall of Fame is the second such chosen with lWO of those selectedhaving statewide haUof fa.mein the country, fol been deceasedfor at least two yearsand one lowing the lUinoisState Bar Association having been deccas..-da t least 100ye ars. Academy of Illinois Lawyers. Under tbe guidelinesap proved by the When approving the recommendations commission, a panel of 12 people serves Debt Load for of the task force, the commission adopted as the selection committee. The 12 mem the followingcriteria Logovern the selec bers of the panel are: February 2005 tion of individuals to be included in the J, The dircao r of the Alabama Bar Examinees hnUof fame: Department of History and Archives. Ei11hty-seven, or 56 percei1t, of the 1. Honorees must bave a record of 2. Four persons nam<-dby the J'loardof fifsl•time ex,unio~s taking the e>.1:raordina.ry skill and service to the Bar Commissioners for a term of tJ1rcc February bar exam bad eduGational bar and in the profession of law; yenrs. debt. The averaged ebt was$73.545. 2. Honorees must be Alabama lawyers 3. The inunediate past presideut of the 111is was a ten perooitlncrease over Alabama State Bar. the 3\'Cragedebt for July examinees. who have made extraordinary conLri· butions through the fowat the state, 4. The executivesec retary oft.he Alabama national or international level; State Bar or his designate. 172 MAY 200S ((>H •>) l,~·;' \~ '. ANNIE LO LA PRI CE ALB ERT J OHN F ARRAB 1863• 1944 ' ...... _...... 1903-1972 _.,..,( .:..-"~ .,.__...... o..•• II 11'-lfltL.i..__....,._.....,. U.-Wfl'W\1.tr.t.L \..,.-,Jtlw~ -~"'"-ll'l"(l.lt+4,1 r-a ...... _ •'--' ~ ~ ® ALABAMALAwYl!RS HALL OF FAME Au\BMiA LAWYERS11/\U . 0 1' F/\ME 20!~ 20().1 'i, ARTHUR D AVlS S HORES 1904 . 1996 ~·-""------....~.,,- . ..,_....._____...... -~, ...- ·•"Wal- ALABAMA L/\WYllRS HALI , OF FAME ALARi\MA L"WYERS HAl .L OF FAME • 20().I PRJ-..51:.-vn:DUV TIIF. AJ..AflAMA Sl.\f( 13,.tt S. One pct>0n nominated by the ch,er er nominations. Serving on the first nominauoris. lM committl'e r«0m · ;us1iccof the AlabamaSupronc Coun. seltction committtt wer~ Som Crosby, mended ~nd the commission appro,cd 6. Thrtt persons nominated by e&chuf O..phne; FR I JI I 1 l \ Ii -\ \I .I l \ 1, } J U 17 3 Important Notices Pro Bono Award Nominations The AJ4bamaStat~ Bar Commiuer on Volunt Amendments to Alabama Rules of Appellate Procedure (Secartitle , page217) The Alabama Supreme Court has adopttd •mcndmcnts to Ruic 2l(a), Rule 28, Ruic 31(b), Rulr 32(•) and Cb), Rulr 34(•), Rulr 39 • .ind Rule 40(g), AlabamaR,,/a of Apptllatr Pro«,l11rt,and has adopled I ntw rule, Rule lSA, AlabamaRu/a af Apptllat Local Bar Award of Achievement The Alabama Slate Bar Lncnl Bar Award or Achievcmen1recognizes loca l bar assodn1ions for their outslanding contributions to their communities. Awards willbe presented during the Afob;,maState Bi1r's2005 Annual MectiJlg,July 20-23 at Point Oe11r. Loa! oor associationsrompetc for thC!e•w•rds based on thcir ~rge, medium or small The following criteria wmht used to judge the contestants for each =egorr, The degree of participation by the individual bar in advancing programs 10 benelil the con1n1unity; The quality and exicnl of the impact orthe bar's participation on the dtizc,u in that community; and The dcgrcc of mhanectnents to the b.tr's image in the community. To ht ron,idcred for 1hisawml, Jocalbar associationsmu>t compkte and suhmit an nward application by June I, 2005. For an applicallon,con tact Ed PnttcrloOn,ASB director or pro grams, :it (800) 354-6154 or (33•1) 269-1515, or download one from 1hc ASBWeb si te, www.nhtbar.org. 174 MAY !OOS WHAT ARE YOU LOOKING FOR in• a 401 (k) plan? ALL DOORS LEAD TO THE ... 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WWW.ABAR ET IR E M EN T.COM ABAMIMBERS RETIREMENT .... ----- PROGRAM ALAEAMASTATE BAR f.,r ,i ,~))· of 111'(1 •1.,,p,«11,1.,\\'hh IIIOlt 4.'.01nrk1t:mfunn.itklft, 1111,:luJu1.;~ h.irj,;o..,. 1111! r,q,ct1V1 ,n> IWl o'tlsrreef About Members, Amon Firms Tirc Alt1bl1111a l.tnVyt-T110 longer pul,li. 176 MAY 2 00 5 judge, 30th JudiciJI Circui1,a nd that Goldberg 8cS impson PSC •nnou nces James & Pi1tmnn PC. wi1h officesa t 611 S. Matt Abbott, formerly nn ossodarr with thnt Stephanie L. Morgan-White has Lawrence Strrt l, Mo111gomery. Phone the firm, Alon Furr, formerly of Afon become a partner. (334} 262-0500. Furr PC, and Vnn Davis, rctlriag district Groce, Evans & Mntthews ttnnounces Johnstone, Adnms, Bni.lcy,Gordo n & auorn cy for the 30th Judicial Circuit. that J. Mnrk Debro has become an asso Mnrris LLC announces thot Deborah B. have joined the rirm. ·n,e rirm name has ciate~ Hembree hos joined rhc finn . been chnngcd 10 Church, Mfoor, Abbou, Lightfoot, l'ronklin & White LLC Furr 8cDavis PC. Hand Arendall I.LC announces thar ii h;,s merged wilh the Athens 6rm of announces 1h01 fonn cr Alabama Onrk, Dolru,,Morse, Oncale & Hair PC Sherill, Batu & Block, ilJld that Anne G. Supreme Court Assoda1c Justice J. announa,i that C),,1hia Norman W'illiams 8UrTows •nd Benjamin S. Goldman ha,,. Gorman Houston bas ,0 111ed the firm, !us joined the firm :asan a5.SOciate. joined the lirrn as woci11es. and 1h01 Jacob M. Tubbs, Durick A. Guhu & Stuclccyonnounces a merger Mills and Sanford G. HO<>p<'r~ ,-c Hinson & Hinson PC ~nnounces tha1 with The Codmm Fim,, cmti ng b«o me 1USOCia1cd with the firm. Norma M. Cha,•lm b:as,ofocd the firm Cochrnn, Chtn y, Givens. Smith. Gul3S& llSan ;associ~lr. Allwin E. Horn, IV ond Chomp Lyons, Stuckey PC. Officesar< locared al 2031 UI announce the formilt1on or Lyons & 2nd Avenue, N., Birmingham 35203. Rru,dollB. Jom es and Robert Lester Piumon onnnun(t the fom1Jtion of Phone (205) 322·8866. (Cu,11i1111ed011 pa ge 178) ARE YOU PAYING TOO MUCH FOR LIF'E INSURANCE? CLE n.,,,.p 0.- '""""""' )W CU p I II I , I ,\ ll \ \I •\ l \ H ) J N 177 About Members, Among Firms Contirrud from P"l,'r 177 Hom PC. with offices located at 3300 the new r.m1 name will be Morris Brown. KyleT. Smith, and Craig Martin Cahoba Road, Suite 212, Bim1ingham Hardwick Schneider. S1cphcn1 hove joined the Birmingham 35223. Phone (205) 877-8700. The Nationnl Lcgnl Aid & Defender office. and that Richard L. Morris has MeGloughn & McGloughn LLC Assc,cintionnnnounces 1h01Cn tbecine joined the Huntsville office. .rnnuunccs th,11Michnd O. McGloughn s,.,,nc hos been namc-ddirector of the Starnes & Atchison LLP announces hus joined the fimi ns an assQCiote. Notionnl l)cfondcr Lcndership Initiative. that Alfred 11. Perkins, Jr. hos become n McKinney, Brll!wcll& Hill, LLC Os'etrec. Denkins, Nosh, Smoak & partner. announcesthJl Paul J.Marshall has Stcwa.rtP C annottnce< that Christopher Walston, Wells,And~r son & Birchall joined the firm M ;1t1 associate. W. Deering h•~ joined the firm as of LLP announces thot Barry A. Slllples ms Merrill, Harrison & AdllJllSannounces COUJtsel. i>(,comr~~ted with the firm. that David K. Hogg h;u joined the firm. ~liancc Trust Company onnouncrs Webb & Eley •nnoun«s !hit Scott W. Morris, Conchin & King announces th•t LoneeT. Studdard has joined the Gosnell h;u b«omc .mociated with lhe that Josq,h D. Aiello has joined the fum A!Lutwoffice. finn. Man associ:att. Slrote & Perrnun PC announces that Woh·crine Tube Inc. announces that Jock.son& H~rdwick and Morris & Peter J. Hordin, Jom V1ow Fom, Files www.legalforms-AL.com was designed Dee d especially for small Firms and solo practitioners who Mortg age La st Will & Testa ment are seeking to minimize overhead expenses while WIii Probat e expanding their areas of practice. Est ate Adm in istr atio n Guardianship & • We offer you a selection of Fomi Flies, each of which Con~rvators h lp is a set of related document forms. Power of Attorney Lease & Easement • You have the option of selecting the Form File for Evict io n one category (S29) or the entire Form Flies package tor categories ($99). Corpo rat ion an Ad opt ion • Each Fomi Fite may be previewed and downloaded Criminal Defense for immediate use and reused again and agaln to Criminal Pro sec u1or expedite your practice. Gene ra l Pra ctice T imber Purchase www.legalforms-AL.com Litigation CREATED BY ALABAMA ATIORNEYS FOR ALABAMA AnORNEYS Download 178 MAY 1U OS nvestigative Accounting Due Diligence Securities Mergers & Acq ui si tions 205.326.6630 205. 326 .68 30 • fax Inf o@fore nslc•cp as.net Forensic ICPAs LLC www. to re ns I c •cpa s.net Securities• Due Diligence • Mergers& Acquisitions Suite 1025 Financial Center 505 North 20th Streat Birmingham, AL 35203 Memorials Carr, Davis Duane Smallwood, Gary Stanton Mobile Anniston Admitted: 1979 Admitted: 1974 Died: February 5, 2005 Died : October 7, 2004 Culpepper, Jerry Roger Stephens, Elton Bryson Fyffe Birmingham Admitted: 1996 Admitted: 1936 Died: January 24, 2005 Died: Febru ary 5, 2005 Estrada , Laury Gordon Tonsmeire, George Augustus Alexandria, Virgin ia Mobile Admitted: 1990 Admitted : 1974 Died: November 28, 2004 Died: February 18, 2005 Key, Robert Edward Lee Tunstall, David Morgan Greenville Tuscaloosa Admitted: 1949 Admitted: l 978 Died : February 3, 2005 Died: January 5, 2005 Meador, William Shane Woods, Charl es Lewis Pensacola, Florida Ozark Admitted: 2001 Admitted: 1958 Died: January 24, 2005 Died: February 5, 2005 Newell, Neal Curtis Birmingham Admitted : 1947 Died: January 14, 2005 180 M AY 2005 ASB ONLINE BAR DIRECTORY Looki Someone? The NEW ASB Online bar directory provides you with the most up-to -the minute information on cou rts, elected officials, membership information and mu ch, much more. And, it's only the beginning! With the addition of Casemaker®, the Alabama State Bar presents the new -• "Electronic Suite of Services" to its members. W1,VW.ALABAR.ORGwill quickly become the most valuable resource in your practice. And, it's all free! So, go ah&adan take a look-yo goingto love I II I \ I I 1' -\ \I -\ I -\ I\ l I ~ 18 1 n 1995, the Afobama Lnw Foundation csrnblisbed the 11,eAlabama Low Poundai ion is affiliated wilh the Alabama Fellows progrom to honor Alabama b,ir members who S1a1c Bar and is a ch,1ritablc,tnx~mpt org:tnlzntioncom I have made a &ignificantcontn1>ution to their profession posedof fourseparate progr;,ms including the Fellows,each and their community. Annually,the Nominating Committ~ providing waysfor bwyeN 10b WilliamH . Albritton.Ill , Montgamery ThadG . long. Bi~ WilliamH. Pryor , Jr•• 8'rmlngham SMi0 182 MAY 200 5 REMARKS BY MICHAELS. GRECO President-Elect,American Bar Association to the Fellows of the Alabaina Law Foundation Annual Dinner Capital City Club • Montgom ery, Alabama • January 28, 2005 he American Bar Association-and l believe the organiwd bars in every jurisdiction-are committed to the fair administration of jus T tice. The ABXs motto, ~Defendinglibe rty, Pursuingjustice;" sums it up well. We believe that lawyersarc ethically obligated to make that motto a trutb, and that is our goal every day. I vie\V'the la\,..as an engine for social justice.And la,.,yersare in a unique position to assure true social justice. We work ro establish fuirnessand jus tice, particularly when disputes or problems need the justice system for res olution. There, we have the ability to level the playing field, right wrongs and ensure fairness within the Jaw. ... the purpose But, all 100 often, those who arc poor feel locked out of the justice sys tem. As lawyers,working within the ABAand the Alabama State Bar,we can do something about this situation. We can help ensure that all voices can be heard_ of the law is to We need 10 change the inslitutions and address the pressures within our profession 10 make it possible for more lawyersto help more people who cannot otherwise afford legal services. When \\re, as lawyers,ta ke our oath, we undertakean ethical com1ni1.. ment 10 provide legal assistance to those ,vho need help but cannot afford protect tl1e it. We promote and encourage pro bo110work and public service. Hammurabi wrote 1,700 yearsbefore Christ, in the fir>! writt.cn code o ( law, that tl,ep11rpcse of the lnw is to protecttl,e powerlessfrom tl,epowerful. 1 believe that a noble purpose of being a lawyertod ay continues to be to protect the powerlessfrom powerless fi-omLh e powerful. I believethat the joy of being a lawyer comes from using our legal training to help human beings in need, and to help improve society for the benefit of all, regardle.ssof their economic or social status. The joy comes from doing tl1epowerfitl. well,but also doing good. Serving the public interest and a desire to improvesoc iety is what attracted me to the legal professionas, I am certain, was Lhecase with you in this room. - Hammurabi The ideal of true socialjustice is one that lawyersstrive for each day. TlfE 1\LJ\Bt\.' H t\ Lt\\\'YE R 183 During my tem1 as ABApres ident I will focus on that ideal. I And so, l want to begin a national dialogue on how the prob want to rekindle,to reinvigorate,to reenergizc tbe idealismt1od lem can be solved. 1 do not expect that it can be solved in one public service commitment of our profession-and then nurture year,b ut I d1ink it is critically important that we now commit to it. expandit and preserveit for gene.rations to come. I \Yantto doing something about it. leada ..Re11ais..(',(111cc of idenlis,11 11 in our profession-a recommit When President John P. Ke1111edydec reed that the U.S.would meot to the most noble principlesthat define the legal profession: have a man on the moon by 1969-allhat poim an unfath to provide legal service to assist tl1epoor, disadvantageda nd omable gool-he reminded us that a jo urney of a thousand underprivileged,a nd to perform public service tliat enhances the miles begins with the first step. comn1on good. The main topic of my remarks tonight relates to another long I need your help to do it. journey, and another goal, one whose attainment-unlike our The opportun ity to perform public service and contribute to placing a man on the moon-is long overdue. the public good continues to be the key reasona that uracts You have doubtless heard that inscribed above the doors to young men and women to enter the legal profession. The desire the United States Supreme Court builcLinga rc Lhe words" E11u11/ to make a difference in society has attracted to J11s1iceU11rler law: That eloquent our law schools the best and brightest coUege statement-in this bountiful land full of hope graduates d1ateach generation has to offer. and promise- today is empty rhetoric to fur Younglawyers today begin the practice of ... a Journey too many in our society. Tt is our obliga law expecting to do weU,but also expecting to tion-yours and mine- to breathe life into find reasonable opportunity to perform pub those words. lic service. But, in time, many of them of a tl1ousand It has been reliably documented that become disappointed, because the demands of between 70 and 80 percent of the legal needs their law practice severelylimit the time and of poor people in this nation go unaddressed the opportunities to conlribute to society. year a&er year. !'or vetcra.n lawyers,the pressuresand the n1ilesbegit1s An ABAna tiomvide legal needs study con· pace of tJ1epractice oflaw continue to intrude ducted in 1993,in which I was involved, on the time avnilablefor public service. showed that legal help was not obtained for We must strike a balance in our live.,a nd with tl1e more than 70 percent of the serious legal our practices:,whether in private or goven1- problems encountered by poor people. Tb.is ment practice. The key 10 sitiking that bal is despite all the efforts of legal aid progran,s ance is time-freeing up time-in law firms, first step. and pro bo110lawyers. in governmen t offices. in any se tting ,vb~re o More than ten years ha,•e passed since the lawyer practices Jaw-for lawyers to engage in - John F. Kennedy ABAsurvey, and matters have gotten worse. A pro 00110and public service. And those of us September 2003 1-eportby the District of in bar leadership positions must help the Columbia Bar Poundation estimated that less lawyersof America to find that lime. than ten perce111of the need for civil legal assistanceis being met. I want to make the case with decision-makers in America's law A similar study in Washington state, also released in 2003. offices why it is in the interest of the lawyer.the lawyer'sp lace of found thal 87 percenl of Lhest,ite's low-income households employment, the profession and the American people, that we encounter a civil legal problem each year,and that only 12 per free up time. Time to honor and deliver on the profession's cent of these households are able to obtain assistance from a long-si,,nding commitment to public service: to provide pro lawyer. bonoserv ices to people in need; to participate more fuUyin our Things are only a little better in my state. Massachusetts, communities; and to give fowyersgreater fulfillment in their where we have significant legal services rcsou,·ces. professional lives. We surveyed the legal needs of poor citizens in 1987,a first I have appointed n cListinguishedRenaissru1ce of Idealism in-the-nation study that I chaired, and again in 2002. We fowtd Planning Croup that is looking at nume,·ous iss(1es relat.ingto that the occurrence of civil legal problems among the poor this subject, and next year I intend to appoint a Presidential increased signi6canuy overthat period. By 2002,at least 53 pe.r Commission that will help implement the recommendations ce,11of the poor households in the state had at least one unmet made by the planning group. civil legal need, and only LJ percent of those households The problem of addressing the legal needs of the poor in obtained legal help to resolve those problems. America is bigger than the legal profession can solve by itself. Similar studies were conducted dur ing the last four years in And the problem is that our nation lags far behind other major six other states. Each survey produced similarly cLismalsta tistics. industrialized cowmies of the world in providing meaningful The 2000 Census found a nearly six percent increase iJJpover help to poor people with legal problems. ty in the U.S.,with more than 35 million people living below the 1 84 MAY 200S po,~ny 1hreshold. The numb« of people in need is incn,~ing respond 10 the desperate need of the poor for legal help. We while the resource to provide hclp ""' shrinking. must all join togrther to seek an •dequate appropriation for Despite our bc3t efforts, we have not m•dc signiJican1$lrldes I.SC. to servethe leg:tlneeds of those whom poverty drags down nnd Our courts hove rccogniud that an indlgetll c•ught up in the keeps down. crimln•I justice system-constitutio nnlly- must be provided a The principol nationttl funding source for nil our local legal lowycr before he or she may be imprisoned behind bars of ,1ed. aid programs is th~ federal Legal~rv ices Col'porntion-n pro• llut the same courts have nol yc1grasped thal n lawyer is oftcD gram crcn1edb y President Rkhard Nixon in 1974. This progrnm necessary for an indigent 10 ovoid lifelong imprisonment by the hns never been given odcqunte resources to do its job. >hocklesof poverty or discrimination. The I.SCreached Its highest, but still inadequate, fundlng level Ju 1962,the U.S.S upreme Coun decidrd OidttJ11YS. Wainwright, in 1995 with• $415 million •ppropriation. But opponent Congratulations and thanks to Milton Moss, who recently retired from his position as assistant general couilSelfor the Alabama State Bar. Milton provided ethics counsel to Alabama lawyers,and inves1ig.1ted and prosecuted bar complaints for 14 years. The lawyersof Alabamaowe a debt of gratitude to Milton for his conscientious commitment to our pro fession by his service in the Office of General Counsel. Milton retires to his hobbies of flyingand hunting, and will be sorely missed as a valuable and devoted member of our staff'. Milt cautiously open$ one of nis Mnry nnd Milton Moss and son Chris enjoy barbecue and all the trimmings rcti.emcnt gifts during his "going-away" .u the Smokcht>u>eBBQ restaurant in Millbrook. pnrty Mnrch J 1st. I II I \ I \ Ii \ \1 i I -\ \\ ) 1 R 185 Ncthcl'l11nds, Italy and South Africa.ll'I nnmc only scvcrnl. I believe that I.hetime has come 10 extend Ilic wisdom, the exrlici1ly rccogniu: a right 10 coun$hmon has conducted sums ii up pretty wdl. In hi>co ncurring opinion JuSlitc Cathell extensive studies oflcgnl aid sys1c111s l111er11111ionally. He conclud SBid11\ is: ed th~, '11'of 1999 the leas,gc11,ro11s orher indumial democrncies(France and Gern1.1ny) While I certoinly cm not speakfor the spent :?.Srimes more of their gro» n>11on.il individual Judges of this Coun, 11is my product than the United States did in smiing 3ucl1critical} bdid that there is no judge on this Court the civil legal needs of lower income popula that bclicYcsin his or her heart or mmd. uons; England spent l 7 times mo« of its that JUSIICc I! equJ! bc,twcen the poor and GNP tl1an t.hcU.S. ro provide accessto justicr i111porta11t the rkh-l'Vtn in the tradition-hallowed for its poorer ~pie. The ABAis currcmly halls of our appcllo1eco uns. Each of us conduct.ins research to bring tliesc figures up knows, I believe, 1hai an un-rcprcscnted to dntc, bu1 ll1erc is no reason to believethere assista11ce pare111Involved i n the appellate process in has beenmuch improvement. resptcl 10 custody, visitation, or p.,rcnlal According to Justice Johnson. if 1he U.S. tcnninatlon i,sues, when opposed by com were to match 1he French/German approach, -;houJd 11otb pe1cntcounsel for the opposing porly we would be spending about S 1.6 billion (sometimes opposed by an organ of the onnu.lly on legal sen~ces for the poor. if we 11easuredou Sl•te with its legions of lawyers}, is nor followed 1hc lead of Tony Jlla1i, 1,,o,·cmrocnt, mally no1 •fTordc:dthe eq~ prottction of we would be spending about $IO billion dol the 13ws,i.t., an equal access10 justice 10 lars anmmlly on legal servicu for I he poor. by tl1e which all d1izens are entitled. l believe lhJt Lbctime has con1efor us LO rccogniu,, finally.tll31 a poor person, whether Equolaccess to justice for all in Arncr!cul.s focinNcilher a serious criminal or civil mat· teas1)0011f't1l.an unsung nationol priority,one that should Lcr,must hnve access to counscl ff 1hn1person now fan.Illybe given rightful attention and is 10 rtcdvc Justiu . action by the Administration:and Congr<$S. I.ct me be clear-I am nol t;a!kingabout pro•idiog a l•wycr in every situ.lion where a poor person bc,liC\'CShe or she has b«n I conclude my ttm.ttlu by nuiking two requests of you: aggrlC'\"N.But, in matters where a roor person's family,suste nance, health or housing arc thr.-atcncd by a lcg•I problem, our First, please help me in the next two years in leading• sy51cmo(j us1iccshould provide 1hc necessary legal assistance. resurgence of pro bo110and public service by America's Such criliCllllyimportanL nssistnnce s hould not bt measured lawyers-in leading n Rc,wissn11ccof Idealismin our pro• out by the 1easpoonful. ii should 1101be subject lo long wniling fession. You will l\car more nbou, this from me in the lists, limited cnpacity and narrow legnl nicl priority lists. ll coming months. should be ,wrulable 10 all who qualify. Ytf, there arc significant com a11achcdto • justicr system th•t And second, I ask you to Join me in expanding the rt3ch truly provides legal help to a poor person who facesa serious of Giilto11,so that the eloquent promise of"l:Jj11nlJustiCt problem. And, ya, we are in the miwl of a muggling «onomy. Underc.aw· is a promist 1h~1linally is kepi for the poorest not yet (ully rccoVCTed. and the mOSI vulncr•blc among us. Jlu1e,'cn in times of a slrugglmg C'Ctlnomy,administrnuons 111 Washingtonseek congressional funding in the billions of dollars Th:tnk you for your kind a11c111ionthis C\'cning. And, thank for oLhcr national prioritfos, and Congress sets priorities for the you for nil that you :tnd the Alobama Law Foundatfon do to nation In ils budget decisions. serve our profession nnd lhc public. • 186 MAY ?OQ; The Alabam a State Bar is pleased to make availab le ~ to individual att orn eys, firms and bar associations. ALABAMA STATE BAR at cost only, a series of brochur es on a variety of legal topics of inter est to the general public. Below is a current listing of public information brochures available for distribution by bar members and local bar associations. To Serve the Public $10.00 per 100 ... Highlights and details of bar public service programs from the TO SERVE THE PUBLIC video presentation. $10.00 per 100 Qty _ $ __ ... Information on the opportunities and challenges of a law career today. Lawyers and Legal Fees $10.00 per 100 Qty_$ __ ... A summary of basic legal procedures and common legal questions of the general public. Last Will & Testament $10.00 per 100 Qty_$ _ _ ... Aspects of estate planning and the importance of having a will. Legal Aspects of Divorce $10.00 per 100 Qty_$ __ ... Offers options and choices involved in divorce. Co11s11111erFi11a11ce/"Buyi11g 011 Time" $10.00 per 100 Qty __ $ __ _ ... Outlines important considerations and provides advice on financial matters. Mediation/Resolving Disputes $10.00 per 100 Qty __ $ __ _ ... An overview of the mediation process in question-and-answer form. Arbitratio11Agreements $10.00 per 100 Qty __ $ __ _ ... Answers questions about arbitration from the co.nsumer's perspective. Adva11ceHealth Care Directives $10.00 per 100 Qty __ $ __ _ ... Complete, easy to understand information about health directives in Alabama. ACRYLIC BROCHURE STAND $ S.OOEACH Qty_$ __ ... rndividual stand imprinted with attorney , firm or bar association name for use at brocbm·e distribution points. One stand per brochure is recommended. Name to imprint on stand: ------1\ifailingAddress: ______ Shipping & Handling $ 5.00 TOTAL $ ___ _ Please remit CHECK OR MONEY ORDER MADE PAYABLE TO THE ALABAMA STATE BAR ror the amount listed on U,e TOTAL line and forward it with this order form to: Susan Andres, Director or Communications, Alabama State Bar, P.O. Box 671, Montgomery, AL 36101 - ~ . . . A l. A II A l\l A LA\\' Y t R ASS I ST t\ NC t P RO C. RA l\l - YourPartner Needs Help Hl JI I\ \I \I \Rlf US/Jf he AlabamaLawyer Assistancc otnnccabuse rs or subswncc dependent. Program(Al.AP) has come a long According to the AmericanBar Ass«ia t ion T waysincc It wusfirst implementm (ABA), the correspondingfigure for in 1998.Often, we arc .ul 188 MAY Z OOS Most law finns 3,e aware of me civil procedures (or handling these issues in liabilityassocfat D,1vidM. Wo,•/1/rodg,of llirmingltnm,d,au of 1/1<'-""1'CN J 1'lp111g1-o .. ~-..rs Co1111111trce.l,,;11 bc- prt5l'uting "'D~aling1' 1 i11,P,,rt,u:rs n,id .:\uo, ,otr-1lrttpaired by Alro/10/.S11b,1,111,r Alm,r <1111/Mtma/ Health Prob/mu" /11/.1•21 nt 10:3011.111.,during tlw Al11bn111aS1111r Hnr's Ammn/ Meetit1gi11 Point Clem·( /.5 CUl , ,,.dits). T/1ispro grnut is op,•11'<' oll attt11dcc1s. he ph=c "decpcrung insolvency" has wen on • life o( its own in the wake ha. bc,coinccommon in the bank of several (tdcr~I court dtcisions finding T ruptcy bar's vocabulary o,·er the that oo indcpcndcm cause of action for p~l ~ral )·c.m. The d 190 MAY 2005 451 (Bankr. S.D.N.Y. 2004) (no cause of sought 10 recoverdamages against the for which it can be presumed that any act action for deepening insolvency w1der defunct insurance companies' officer and v1hichextends its existence is beneficial New York law); Coro/esv . Sabey, 79 P.3d directors for conduct that rendered their to ;t." f,r re InvestQr's.F unding Corp.,523 974 (U1ahCt. App. 2003) (rejecting deep con1panies more deeply insolvent. F. Supp. 533. 541 (S.D.N.Y. 1980). c11inginsolvency as cause of action or Schacl,t v. Brown, 711 P.2d 1343(7th Cir.) The deepening insolvencytheory even damages theory under Utah law). (en bane),cert . denied, 104 S.Ct. 508 tuallyspread to the bankruptcy courts. No court has considered whether deep ( 1983); Corcorn11v. Fra11kB. Hall & Co., Numerous bankruptcy trus1cesand credi ening insolvencyis a cognizable cause of Jue., S45 N.Y.S.2d 278,283 (N.Y.App. tors' committees claimed damages against action or a viable measure of damages Div. 1989). Defendants roulinely chal a debtor's officers, directors aDdouts ide under Alabama law. This article surveys lenged the liquidators' standing lo bring advisors for wrongful conduct that caused the development in other jurisdictions of 1h ese claims.They argued that, while thcir companies 10 deteriorate to the the deepening insolvency theory and its creditors or o,vncrs of an insolvent i.nsu.r point where bankruptcy was unavoidable. potential application by Alabama courts. ancc company might be injured by the At first, these efforts met with mixed company becoming more insolvent, the results. Defendants argued that any injury iJlSolventinsurance company itself sus· caused by an insolventcorporation tains no damage by the worsening of its becoming more insolvent was sustained Deepening financial condition. Courts rejected these not by the corporation itself, but by the arguments, finding that a corporation corporation1s shareholders or creditors. Insolvencyas could be damaged uniquely by its deep Becausea bankruptcy trustee may pursue ened insolvencyth rough its increased only tl,ose claimsbelonging to the bank A Theoryof exposure 10 creditor liability. Scl,acht,7 1I rupt corporation and lacks standing to F.2d at 1343. They dismissed the notion pursue claims belonging ro the corpora that the prolongation of a corporalion's lion's shareholders and creditors, delen Damages life beyond insolvency is automaticaUyto dants argued that a trustee could not The deepening insolvency theory was be considereda benefit to the corpora asse rt a dai1n for deepening insolvency first advanced in the 1980sby statutory tion's interests.As one courl observed. damages becausethe corporate entity had liquidators of insurance companies. who "(aj corporation is not a biological entity not been damaged Some courts agreed T II f A I A 8 .\ ,\1 A I ..\ \\ Y f. R 191 wllh lhesc argumcnlS and dismissed the lackedSll111ding lo purwc the dctpcmng plointiffs'deepening lnsc>IV<'llcyclaims. The acceptance insolvencyclaim$. Ftl1ma,1, •. Pnultmial 8t1£/1<~. 122 B.R. On appeal, 1heTomi Circuit C.ourt or 466 (S.D.Fla. 1990};Holla11d v. Artlrur Appcat. reJccted the dcfrnd.inu' argu A111lrnt116-Co.. S71 N.E.2d m of deepening mcni tha1 the committee was attmipting (nt.App.CL 1991).Othrr courU ruled to simply 10 TCCOV 192 MAY 2005 UnitedAll Over Ourland Everywhereyou live in Alabama,you can find a LandAmericareprese ntativenearby. We arewhere you need us, when you need us.As your source for realestate transactionservices, induding title insurance, our representativesare knowledgeable, professionaland respond with foresightand innovation to yourchanging needs. Whetheryour next transaction is complex or simple,call us to experiencethe LandAmericadifference. CommonwealthLand Title Insurance Company g LandAmerica· Lawyerslit le InsuranceCorporation TransnationTitle Insurance Company LandAmericaFinancial Groo~ Inc. • 2200Woodcrest Place, Suite 330, Binn ingham,Al. 35209 Phone:(800) 831-6807 • Fax: (205) 868-1011 • www.landam.com Michael E.Riddle •Vice President Area Manager/Counsel • [email protected] FosterGoodwin ·~Representative • [email protected] Oarl 194 MAY 200 5 claim pied by plait11iffa lternativelyas b=ch of fiduciary du1y cl•1m). lusolvcney,is ,1 new cnusc of uc1ion. TI1c Alabama majority o( courts in othtt jurisdictions have found !hut deepening insolvencyis n Courtsand v.Ud w•)' to .usessdam.,ges in certom Elementsof c1.;es. such as claims fo, brt'i1chof fiduci Deepening ary duty against an msolvcntcorpora tion's officers:,nd dirtctors and fraud and The Deepening negligence claims 11sserte I II I -i I .\ II \ \f \ I I \\ ) I R 195 hard-pressed 10 di!lingulsh which of the officers,ind director• may be ~able for Finding the existenceof a duty owed by Third Circuit Coun of Ap~..ts, the breaching thOl 196 MAY 2110s stewart Virtual Undervvriter q;i Homo I Whars Now Corporate Orc ctory Special No rts I Search I Contact Us indel)Elndent ... • • . . .. a national underwriting ublishlng for current real esta e recording information lielP.you; call: RidiardA. :,Bailey, Sr Michael Webbe~ 'Jr. _. 0"t ..--..- -- '•L . , . 0. VP District"Agency Manager '(800) Ll89'0026 . . .. 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'"GILSBAR CNA CHA11 a registeredservice ma,k Md !lode namewith lhe U.S Ptiktl'lt and 'lrtldlimalk Oflloe Thi P,00,twn ,e!ereacod he1ttln1t unclerwnt1enby one Of mote ot lhCtCNA comparie& Thia lnlonnin1onis lot llusuatlYepwpotn orly and is no1 a conlrad II • lnlonded10 pn:Mde a gimw1I ~ at tnt ~ one, MMCN altered A8J MK-OS-1837 -- --·----1 \ I YOU /\RE \r,IVl'f EO TO ATTENOTI-IE \ AlabamaState ·Bar 2005 .Annual,Meeting Grand Ho\e\ · Point C\ear, A\abatnli Ju\y 20-2'3.200? P\ease RSVP Registration Forms Enclosed - l'n:.•,1Jcnt \ ronl lh\; M ,,wn1/1s \ k ''"'''" I Bar has ,n,·t>I ·n,,filled • Star,.. t ml'ttll "' · Alnbama - n ' 1111111,a . The""""' Good Nei•·•!1n,,"r1n~ )YIII OIia1ruc·~ },,p/>O(lUllillt~ -. and ojftr 1 '" I ·ng ,..,. rac11c, ,,f p/n,UI II~ 1d tnttflO Ill • \'/Jllf '""' p • I 800/s. • re1111,·t"' n tnh""u . roftss1011n l\'1111c . drtig11t1lI II h ,·111,r(I d Hortl •R"'"' •J 10 acetJmp • • dh•Gran prt ,1,,..btsr tool< tlltfamily-Jrir11 • rmidtt ,h,.. Y"" 11 I • vooto o•pl,tl"l' P ) I ""' n~ J • ottn " -·' 10 ·• c d rt/11$III/I • ·itlts . - tm,ktni ," nwarvI ' •r•t a1nruu1·t< , 11n,,bi,u1uon IJ1 .r o,111 \Vt Pa.. 1 , ,v,. • ro• bt oi/II Cit<"· ts 11 ,·ear· s u11lq11t I I pro111ists"' or .r. ct 1•r1111rJ''ort ., • ,}11/11111,rnr, "' ,a per,e ' ,1111,;" re ,nak111Ht , ,, C\•tr. 1 I l,o/)t ,VOii II 11111111wI " lfCll/ 8 /11.1Mc F..I• ,'> ' uf rhebe .1 J. /)(}II/; """ lde111 Pres Stott B11r /\ftr/>i11HO. r, -, '.,11,..,,,,. Setting th1;;Srandar(l for Point Ck"1! Iiote/s 1nd 1< l 'i>bolding2 lr.ldl!Qi of Rr"Joou.,/louthem lk,'f)lr.d,I)· '111Cl, 111,,-,the Gr.md liOlcl ''·'fl'kllt IIL"oun, Gc,I{o,~, & Spa « "" cxtr.iortl,n :uy ""'"' Clc;a l> TEA HOFFMAN, ESQ. Founder and President orLe gal Truinlng C1"1>up, LLC, Nashville,TN The PronctivePractice: Mo,,e YourFin11 ForK'ardl Our speaker hns trninod 1housands orlowycrs in the pa~ sc,•eralye:irs on topics rnnglng from how to improve their busines; develop- ment $lolls 10how to b.,lnncclife and woo,.. She is lhc author of the book, The Pf'0(1 NOTE: 71,t, 111/1/trlo/.,Jar 111/CLE clll.,seswill b, m'tlil· IIOURS <1blen n (1 ro u1JN1t1{tJ11CD 1vlti ch 11,aybe \•ieu·e,Iduri ug 3:30 )1111- 4:30 (1111 1/t, l'l11sslfyrm c/100.,·r 10 bring )vmr lt1/Jiop.A limited Open Fon,m: AlabamaSupreme Court 11,unbnrof u1rltttu1u,01crit1ls u ,i/t be a,·c,ilab/efor 1110.\'I Commission on Proression:ilism ...... 1.0 se111int1r.ta., wt/I. Tlrl., CD replaces the compr./1•1.si,·1 C) 3:30 11111- 5:30 pm \ prim ed lumd/Jook p11bllfl1ed i,, r1ce111y,ars. Pndstmd VOIP- Whu(s II ID Ya? ...... - ...... 2.0 m I ~ncl/J will ht-t11't1ilt1bletit each seminar. )I. FRIDA\, JULY 22, 2005 ~ WEDNESDAY, JlJU 20, 2005 HOURS 9:00 am - Noon I )I. 8:30 am - 4:.1.Spm EthicsRocks ! -··--··-·- ..------...... 3.0 I Basic hsue< of L:iw -··· ..·--·--·-·-············6.0 1:00 pm - 2:00 pm Ci) Q M.1.'>.~Ton Llligalioi>-The Complexuics or :, TllURSDAY,JULY21,2005 Muhi-1>:utyLitigation ...... 1.0 n 9:00 nm - 10:30 nm (I) I:00 11111- 2:30 1un Advocacy in n Oumging World: Chris1innConcilia1ion-Prod ucing Bins ond M11nipul111ionIn the Jury Box ...... 1.5 Surprising Results in ImpossibleCuscs ...... 1 .5 11:00 nm - Noon Trust Lnw and Medicaid ABA S111ndnntsond Guick:line.,for Pro1ec1ionUpdnie--2005 ...... l.5 Indigent Ocfcn,e In CupitnlCases ...... 1.0 The Reviewor Oamngeson Appeal...... 1 .0 I :00 pm - 3:00 pm The Pro:w:ti,·ePractice: Tmdc Secrc1S-Non-Compcti1ion ...__ ...... I .O Move Your Furn Forwnrd! ...... 2.0 WOOia'' Compcn:l.'ltionUpdme-2005 .._ ...... 1.0 2:30 11m- 3:30 pm 10:30am - 12: 30 pm LaW)'efS Leading L,1wye1$- Dealing"11h hnp:liredPartncts and Associ:Jlel; Men1oringIn the Profession...... ____ ,,,...... 1.0 (incl~ 30-minuie busines5meeting).- .....-_ ...... 1..5 3:30 pm - 4:30 pm El«ironic Di=\'CI')' v. Compu1er Forensics: FamilyLaw CoseUpdme-2005 ...... 1.0 Whn1', 1hc Difference? E-Documem Re1e111lon. Pn:scrvmiona nd Sponation...... 2.0 SATURDAY.JUL\' 23, 2005 GmndcCo nvocation ...... 2.0 10:45 am - 12: IS 11111 Reccnl Develop,ncl\l~ in /\ lnbrima 'l'OTAI. HOURS: ...... 37.S Legislmure--2 005: [n,c New Trust Code. NewS....:uri 1l~ Ac1. Ulc-c1ionLaw s) ...... 1.5 ll:30 nm - 12:30 pm ~bnllln Cl.1J LegalElhic< Updatc--2005 ...... - ...... _ .... 1.0 vaJ.lable Crectit-.. 2:15 prn -3: 15 pm !Ve.in~ qQllrs I L.:ibor& Employmen1Lnw Upd.ue-2005 ...... 1.0 l'ledneSdey,~-.. ao IVe.in -<'<~~ • ,6 llolU's Turf Wars: Defense RcmovnlStrategics in Tbu ~-Tb~·· .. l8.s 11ou,.,, Rc~ponscto Plaintiff~·Effons to l'Sde,i,--p,,.,,..._ .. .. 1a Defc:u f<.-derolJurisdietion ,__ ...... 1.0 Thu,.,,,,... ·""IY... -8 hol.lJ's WI --~ ...... J:a.shou Current 15suc.,In Crimm•I Defense ...... 1.0 OdneSd;\yo ...... I ,i fJ l'S 'I'liu-rl... lll.Y.... ,. ' h<>urs 3:31)pm - 4:30 pm -·~....,, ()n1...... • 6 Frtda.i, '""J ...... • O llou 1'8 Emergingt s.,ue., in Todny'sPlaintiff' s Pmctice ....1 .0 0 Satu at,- -...... a.s houz,8 "d.\von1.i,- ...... a.o • ...... «ours _____ ..._..... ,.. .a.o houl'8 ALABAMA STATE BAR 2005 ANNUAL MEETING Grand Hoed • Point Clear. A~ibwm • July 20-23. 2005 SCHEDULEOF E VENTS 4:00 pm • 5:00 pm W~:DN~.:Sll,\\'. JULY 20. 2005 MCLECOMM ISSION MEETING 8:30 um • 4:45 pm I DISCIPLINARYCOMMISSION MEETING Basic Issues of Law S1x1n~1rrdb\· the \(1lunttrr1~11,,·trrs ProRram. TIIURSD ,\\'. n:1.,21, 2005 Undu Lund. director. dlld tit, tl/tlbama 7:30 nm • 8:45 um State IJ11r(6.0 hours Cl b crcdil) ALABAMALAW FOUNDATION 8:30 am· 9:00 nm TRUSTEES'BREAK.FAST REGISTRATION 8:00 am • S:00 1m1 9:15 nm. L0:15nm At'{NUALMEE'nNG REGISTRATION WILLDRAFl1NG 1 8:00 am - 5:00 pm Anne W Mitdk!II.Binning.ham LEGAL EXPO 2005 nod U.XISNllXtS" IO: IS nm-11:JSaro CYBERCONNECTION ESTATEADMINlSTRATION Noncy C. I lughes, Birmin!\hum 9:00 nm • lJ :00 nm COFFEE/RliFRESHMENTS Jl:I S nm· 11:30 am 13RflAK 11:30 nm. U:15 pm THURSDA\, JllLY 21. 200.!- POWEROF ATIORNEY 9:00 nm • IU:30 om J. Andrey. Potls. Bimtinghnm WELCOME 12:JS pm· 1:.15 pm J. J)ougtu.sMcEl vy LUNCH P1\!sldcn1 I: IS pm· 2:30 pm Alab;im11State B11r COI.LEcnONS LITIGATION W McCollum Holcomb. Bim1inghrun Opening Plenary Sess ion 2:30 pm • 3:30 pm ADVOCAC\ IN \ CHANGING WORLD: BANKRUPTCY BIAS AND MANIPULATION IN ru E Stc:phenB. Porterlicld, Binuingbrun JURY ll() X 3:30 11111• 3:45 pm GREGORY S. CUSIMANO. l~Q .. Gndsdcn BRcAK The only ,pcaktr 10n.'Ccive 3:45 pm • 4:45 pm u ,l)Onl:lllc"OU,,1iu11hng DIVORCE.CUSlODY AND POSTDNORCE ovation Ill 1he p.-,1 12 SamJ. Scne,,ac.Bim1ingham annualcom·enu,,n,, Greg Cusimano.one of our own. combines expcn ~nowledge, w1mNESDA Y, JUL\' 20. 2005 p:i.ssion. co1nn,onsense nod c,c;pcricnoc,o, well us humility,'" he 111cklesone ,\-..NL' \ I. ~IEETJ:>;(; Ill· FICI .\I LY OPE;\'S of the cul'l\'nlho11ssue.s. Wh:11 i, huppcnmg'l 1:00 pm - 6:00 pm Why7 With whnt result? Your practice doe, lllAI· ANNUAL MEETING REGISTRATION rer lO the AlnhalllllS1n1c Bar. Greg nlllculutes the 2:00 pm • 4:00 pm problciru n; well as theCIJICIWng t:n:nd$ in JUIY BOARDOF BAR COMMISSIONERS'MEETINO churgesand cvldentinry matter... JUDICIALLIAJSON COMM TTI'EEMEETI NO (1.5 hour,, CLE credit) (Reccp1ion 10follow) L ------10:30 am - 11:00 nm 2003 as chair of Lawyers Helping Lawyers. BREAK-VISIT LEGAL EXPO 2005 nnd the Alabamo S1:11eB:ir's commiucc providing LJoosNroos-CYBER CONNECTION 3SSi WEDNESDAY, JULY20, 2005 10.451m - 12:1Sp11t- 9:Dlam · NoH 1::301111 "4: "5 ,.. llfClNTDEVElOl'folENTS INNRAl,IA IIOR/llNGPU1W!Y SESSlON UGIStATUIIE-2006 EltJlalloct/ !!ASICISSU($ OfWI ll't lMtC.0.. __ NJ. _I.BS 1:38 Ill .. t:m 1111 RBIISlAATT()f/ 11:GG• • Naoa. -Ol~e-.1.a1 .~oc ASASlt,NOAAOS AIIO GllllWlllS IIOOII• 12::30.. 1:1:11.. • 11:15 • ---- fOlll' Timesand titles subject lo ohange. CheckRegistration Desk for final Scheduleol Evenlswith roomasslgnmonts . • • :tlONIS REOUIREO. RGEBUT REGISTRA 6-15 welcome REGISTRATIONFORM _~~i: at 12:15P~ · c:~; !g:lnlo~tlon . Attendeesmeetin thema1 269-1515. extension 3 • Con1aCIRita Gray at (334) uranceSpecialists , Inc. Hostedby ISi ALABAMA, Ins Age- Parent'sName Age_ Child'sN ame Age_ Chlld'sChild'sName-=====-----==Name_ ==Age _ Child'sTelephoneNamee. : - ======~======MailingAdd ress: Golf Scramb le Entry Form Name,~~~------~------ Handicap.__ _ Sta1eAd01essArm__~~~-~~~--~~-- ______ZIPCode, ___ _ _ ~--~---_ Cily~-- - ~~---~~------E·mallAddress.______Home______Telephone ______PUASE USE ONE ENTRY FORM PER PARTICIP ANT lndMduall'laytr •• . .. S1i.,.oo PLEASEM AK.ECHEl:l(S PAYABLE 10 : Hole Sj)onsor,nfp • KIDS' CHANCESCHOLARSHIP FUND . . S35o.oo ORplease bm my creoacard. HOieSPOnsorshlp 4 1 Player S101 • . . • .$350.00 s_ o VISAo Masrereara o AMEXExp1rau011 Dare_ HoleSponso~h lp & 4 P1>yerS101 • . S600.oo s_ CaroNu mber______To1a1Enclosed s_ Cardholde(sS1ona 1ure ------If youdo 11111114'.'I!a taam, rouwill bl Pdfrtd withanother playr,r. For l urlherl nlormalion, coniacrTracy Da nier nr800-354-8154 , Alabama State Bar 2005 Annual Meeting July 20-23. 2005 • Grand Hotel • Point Clear, Alab:unn HOTEL RESERVATION FORM Grand Hotel • Point Clear, Alabam a Room Reservations MUST BE MADE DlRE CT LY WITH THE ALABAMA S1~TE BAR. To ensure your accommodmions,reservations should be received NO LATER THAN WEDNESDAY.JUNE 15. 2005. Pl"* 11:scrvc __ Room(s) ror ___ Pcl'l'On(s} Name______ Company or Farm______ Business Address------Ci1y______S1:11e__ _ ZIP Code ______ Bu~iness Telephone ______&mnil All rcsurva1ionsore accepted on a guaranteed basis only. An ndvnnce deposit of your nrs1nigh t room chorge is rcqulred10 confirm lhi~ rcscrvu1ion,or a credit card guarantee, Rescrvmions received after Jun e IS, ZOOSwill be subjec110 space and tlllc avall:ibilily. CHECK-IN TIME JS 4:00 P.M. CHECK-OUT TIME IS 11 :00 AM. Non-$moking roonis avnilablc upon request based on uvnilnbiliiy. All rates arc subject 10 12 percent reson fee and six pcrcent snles lilX, The reson fee is 001 a ta.X, nnd is not subject 10 exemp1ion. ONE PERSON: 0 S236Bay Vic"' TWO PERSONS: 0 S236 Bay View 0 $216 Reson Vio,w 0 S216 Rcson View Rooms in the main b11ildingare arnilable 011a limited basis, a11dar~ $20 l,ig/11rfor ruorl ,,;.,., a11d$30 1,igl,erfor bay ,,iew tha11the abo•·• rates. •••AVA ILABILIT Y OF BAYSIDE ROOMS IS U MITE D TO A FIRST-REQUEST, FIRST-HONORED BASIS••• Ar ri ml Dute ·r ime Departure Date ______Time __ _ ROOM TYP E REQUEST: 0 King Bed Q Double/Double I O Smoking O Nonsm IF GUARANTEE D BY CRE DIT CARD, PLEASE COMP L~::TETHE FO LLOWING: Plenw check 1ypeor credit card: 0 Americ:-JnExprc.ss O MM1erCard O VISA O DL ROOM GUARANTEE/CANCE LLATION POLICY: Rcscrvntions guruunleed wilh a credi1 can! only mus1 be canceUcdli•e d!lys prior 10 anivnl LO ovoid the credil card being chi,rgcdfir 'SI nighl' s room and lax. Any reservations or no-,hows (includes nrrivnls:if'lcr midnight) will be released ror gc,nernlsale , and will be reins1a1edbased on nvnilnbilily of room.~. PLEASE MAIL TO: 200SAnnua l Meeting, AlobamnS1n1e Bar. P.0. Box 671, Momionl 1 II f r\ 1 \ IJ A \I .\ I r\ \\ \ I Ji 217 A sentcncc has bccn added 10 subsection (b)(3) cbrifying court grants the petition and issuesthe writ of ccniorari. that, if th< court orders answu and briefs in response to a pell· Anorher change to Rule 39 Is 1hat the mpondcnt will not be Lionfor wnt of mandamus. the numbtr of pages of the •ns"'" allowed to 6Je an initial brief •ddrcssing the grounds unl NEW RULE: RULE 25A. ALABAMA 'farJOI" ain-111rlonng Opp 218 MAY 100~ Some Thoughts-For What It's Worth Ooeof lhe majormisconceptions of attorneysfiling cemoran pet1· laX1).With the curreotemphaslS on ethics and i,ofessiooal1sm bythe uons1s the behefthat certiorariis simplyan ·appeal"and , !here· bar andthe )Ud1ciary, evidenced by 1h8 2004 amoodmem to Rule3 of foie, lhat !heycan draft lhe ceniorari petition as if rt is an appellate lhe MandatOJyRules of Comiriu,ngfducal/Oll (MRCE}, requiring at boef Ceniorariis an enu,elydifferent form of reV1ewby the leastone hour of CLE in ethicsor professionalismeach year, 11 is espe supremecou11. For that reason.ii is in lhe best interestor your cially impollllnttocomply with the rules of (llocedure Rule 1 .1. clientt hat youread Rule 39, as boringas !hat mightseem . AlabamaRules of ProfessionalConduct (Alo , fl. Prof.Conduc~. requ ires thata lawyerprovide competent representation 10s clienL"Compelelll 2. AAerror made by numerous attorneys is IOsimply use. as a form,a representationrequires the legalknowladgo, skill, thorooghness and teniOll!ripeudon borrowed from another attorney. This has ledIO the preparationreasooably necessary lor the representation.· Rule1 t. denialof unlllldnumbe~ or petiuons.liecause Ala R Ptal ConductUse of a formpleading. without reading the rule the petitionCIJl]ied did not set out gowmingthe ~ of the acuoofor 1'1111th )QI are representing i,wm and/orfacts. Reuenbel. the den. iHl ITT(optllKllHlllllll in the petition.an arg,.ment !hat the appealsaJllt ~ IS notenough-you 3. If yoohave questions regarding lhe new rules. please call the fllllSIargue one of the supremecourt cleric's office at (334)242-4609 and speak with a groundsin subsection staffanomey . Wecan assistyou w,lh lhesenewly amended rules . "One of the reason:. that I cho:,c BKR Borland Benefield was I felt made arc,suppontd by the rc,conl. that they weren't too big to c:.-ire NEW COMMITTEE COMMENT TO about a company of my :.izc. They RULE S(a) AND (b). STAYS PENDING give me the quality cc,mmunication APPEALS and good work that I need." A Con1mi11ce Commen1has been ndded 10 Ruic 8 which explainsthe course ornet ion to be taken if the nppelhtnl,who • Bo G!'esham bns had a moneyj udgment enteredagainst it, needs lo hnvc Rule Owner 8 suspended. • Pares& ComponcnL\, Inc. Endnotes -11lat ltt tht cose ol s pre,trial _.i l7flhe siata in I crlmlnlllWt tht bml lo, 1•"'41boolb IS 111 1111 \I \If\\/\ I \\\}fR 219 111u1 Ising Ii llt~ )11 e I ral so1 ·111 ,u 11 cl 11t1t1ct, (/Jld 11bco11tract-.,l,11~111 ~ la,11 e,, 1111st 11e11H?Jtt n 1naze oj !itatute,, 1tb11latiu11s a11d c.a-. lcn1doctrines. 220 MAY lO O 5 FEDERALGOVERNMENT CONTRACTING : any Alab.,ma business ln,vyers ject constitute. I 111 A I ,l ,, A " " I " \r r f H 221 This short ari-ide will 1101enab le read amended, applies 10 Oc1>ar1mcntof lluy American Acl (domcstie supply and er. 10 bi:<:omewell -versed In every area of Defense (DOD), National Space und construction material prcrercnccs).11 federalacquisition. At 1hc same rime, this Aeronautics Administr.uiim (NASA)and Another specialprogram outhorizesemcr· arttde will: (a) summariu the governing Co;ut Guard procurements whett the gcncy relier for oontn1c1orsin the intcreSts stalul~ ttgubtioos and policies;(b) agency enters the agreement with funds or na11orulde(en,c. " id 222 MAY 200S agtocy to thr UrutcdSt.uo Coun of goricsor conlrKUllg;comraa maiugc Apprals for the ~rr.al Cirrui1(CAFC)." mmt: and dJU>CS and forms.In addition, Common The conincting agrncy also hasregulatory mos1federal agencies h.we issued regula jurisdiction 10co,uidrr pro1es1s.1• tions supplernenungthe FAR.An example Sp«inl smuics and forums address is lhe DOD FARSupplrn,en1, loa11cd al Challengesin post-awnrdli1iga1ion bc1ween 1h c go,·ern Title 48, O,aplcr 2 ln the C.F.R., nvallnble ment .ind co11trnc1ors.l11c Comract at u">rw.fnrsi1,•.l1ill.11f.111fWrDFAll11.HTM.Federal Disputes,\ct of 1978(CDA) esinblishes Indeed,prncillioncr, h,rnclllng• procure the claims nnd dbpu1esp,ocess for cov ment issueshould bl, familiarwith all ered agencies." Examplesof CDA claims ogencyregulJlioos imp lementing the FAR. Government are contractor dcmunds for monetary Thus. in the U.S.Am1y Corps of Engin~rs. adjustmc:nlS,such :i, for ag 1111 \I \H\\f\ 1-\\\\fR 22 3 Arbitration INING Sponsored by the Alabama Center for Dispute Resolution Date:May 16and 17, 2005 Place: AlabamaState Bar , BoardRoom Time: 9 a.m.-4 p.m. CLE:12 hours , includingone hour of ethics Cost: $350(includes course materials , lunch and a referencebook to use after the course) Facu ty: Jack Clarke, Montgomery,and CarySingletary , Tampa, both experienceda rbitrators Trai ·ng will covera ll the duties andf unctionsof an arbitrator. How lo conduct U,ehea ring process.ma naget heparties an d counsel.m anage the evidenceand ther ecord V. The Arbitrator Makes a Decision: The Award Post-heannglriefs. weighing tie IMdence.form of awatd.,ei,il!dies. lntlll,m awards, ageed awalds Post-AwardConsidarat lons FtJnelousOff'®. conf11mat1onof award. vacating the awatd.cerufy,ng a recOfd.judicial review VI. The Business of Arbitration For Information or ToRegister Call: (334)269 -0409 224 ~I AY lOOS for contntcts.A second exampleis that the clericalor mathematical nustakes,or a any price increasemay not exceedthat of BuyAmeriarn Act, 41 U.S.C.~ lOa-lOd. vendor's nusreading of sp<:cificacioris, but lhe nexl lowesl acceptablebid under the implemented by FARs ubpart 25.1, restricts not mistakesof judgment." When u1e original solicitationfo r offers. the purchaseof suppliesthat are no1 bidder does make its case, remediesfor The key to successin a vendor's obtain domesticend products.The government's mistake include bid correction or with ing relief for a mistake is co documem the achievingthese co Uateral goalsis not neces drawal The burden of proof for bid cor request i.nstrict accordance,..,ith FAR sarilyconsistent wi th obtaining high quality rection under PAR l4.407-3 is"dear and 14.407. This regulation requires the bidder productsor reasonableprices. Accordi ngly, convincingevidence,· on lhe existenceof to submit extensivedocumentation to the vendorsshould not assume ~lat federal the mistake and the bid actually intended, agency, including a filecopy of the bid, tbe government purchasing agentswould seek and a lesser evidentiarystandard pertains original worksheets and a statement the same objectivesas co1n111ercialbuyers. 10b id withdrawal.If bid correction would explainingthe existence of the error, how displaceone or more lower bids, the it occurred and the bid actually intended. Relief Can Be Available movanl must establish both the mistake The bidder may file a claim under the and the bid intended substantially from CDA if the agencydenies relief. For Bidder Mistakes the solicitationand the faceof lhc bid. 111e offer preparation processi s often Lesscommonly, a bidder will allegeafter hectic,a nd prone to n1istakes.because ven award 1ha1ii has made a bid mistake,and Know Your dors commonly racetight deadlinesas they will seek an upward contract price adjust obtaini nfom1ation fron1vario us sources:, ment With a unilateral mistake,me con such as subcontractors.and fill in complex tractor has the difficultburden of showing Contract-And government forn1son the amounts and that the error in the otfer was so apparent quantitiesof proposed goods or services. as to have charged the agency'scontracting Expect Full The regulationsco ntain specificavenues officerwilh notice of the probabilityof the for possiblercliefbase TH f A l A RA ,\I A L ,\ \\ ' )' E R 225 is bound by, its agrttmmt. The lailurc to the agency would be, striC1in conrroa prdimin.try notiet of its intrnt through read or undcntand • contract will not be, enforcement. Agenda do not readily sac appropriate dclinqurncy advisorks,• the • dcl'onw:to ii• cnforcom • BIRMINGHAM • MONTGOMERY • MOBILE • HUNTSVILLE • DOTHAN • comprehens ive training programs for new and experienced mediators MEDIATION www.AlobomoMediotion.com • CLEApprovad s1tu,,tamJ~ • TrooingA10borno Medio1as Since 1995 LITIGATION • TroiilrlgPtogroms Offeted No1ioowlde • CusiotrlZed ln·HouseTraining Avollct>le ~ (4 • Moo1stho TrainingRequirements of 1he Alobcrno Cante,for Dispute lleSOlution (800) ADR-FlllM 228 MAY 10 05 the contractor succ«ch in an appeal and both mililDry•nd civilian. federal expen a court or boud O\'ertums • dtfault tcr ditures would be wholly uncontroll3ble if mination. th• agency'saction will be con· government emplo>'ttShad free rem 10 \'Cried10 the Jcss..Jr,1,tic111C3>1lrC or 3 execute or administer contracts. For tmninndon of the contract for the gov agencies to avoid this chaos. federal crumcnt's convenience." This procedure employees mu.11have actual contracting ResortTo cssentially will transform • fucedprice authority. Mony decisions hold that the agreement- Ih e moot common pricing United S1,11cs m.iy repudiate and render The Protest nrrangen1cn1- in10 a eo~trc inlbu.rscmc.nl voidable unouthorizcd commitments by controct, Jlong with compensation for irs ngents, even if the ngent hnd apparent settlement cosu and • reasonable authority, i.e., the third party reasonably And Disputes allowance for contrnctor profit on but mismkenly concluded that the gov• ogency-occeptedwork, but no, ontidpa crnment has held our the agent as having Process.As tory profit." .au~l •ulhonty." The United States The contnctor·s schedule compliance Supreme Coun explained in fw/m,/ Crop is a necurring difficulty in the pt'rform IMum11u C,,rporu1,0111eMrrril~,. Needed ann- of go"crnmcnt con1raru. The best (A)n}'oneentering into an arrangement The procurement statulrs and rqiula way to O\'OidthesSedin Section I above, tl1e ing date for submission or offers. If the stays within the bounds of his authority," COFC. GAO and the procuring agencies schedule ls unfoir bused on the nnturc of even if"(t )he agent him.self may have hase >lntutory or regulatQry authority to the product or service, or is unduly been unaware of the limitMions on his consider protests on solicitations and rcstri,tive of competition, the vendor authority." source selection decisions, nnd the COPC should question 1he :1gencyabo ut the Aswith most sovernmr nt conlrucl nnd the agency boards of contrncl requirements before 1he dosing dare, or doctrines, the rule of Jctual authority bas appeals ad)udicutcagency/contmctor even6Je a protest, if the government limited exceptions or qualifications. For GOA controvorsics, refuses to amend the soliatation. When cnmple, the offichtlcould h•,.., Fonnal challenge$could be ne=ry die \'endor is .i sm..Ubusiness, and "implied" actual JUlhority, i.e., the f'or• vendor 10 obtdin nc«lcd relief from belie-'<:$that tht dth,uy sd>cdult is authority is •n lnttgr.il pan of the the Government where infonml mtu 11nfuir,the ,·cndor should remind the employtt'• duties." or the co,'ttrullcnt urrs Cuil.Vendors wm find, howcvcr, that agency or FAR 19.202-l(c). This regula could be bound where an authoriud federal ,gencics •rt 1101 pusbo,·cn in tion instructs agencies to ensure that go,•emment official lam ratifies the orig protest .ind disputes litigation. Vendors dclivny .IChedulcsarc as renlistic as pos· inal 1mpropt'f action.• Ruther di3Jl resort also should expect that the opposing St"bler;o thnt snu.11business concerns will to such l'Xceptionsin a protest or dispute, agency coun""I would be spedalisu in bave an cquiul.blcopportunity to com the ,·eodor •hould verify in • tactful the applitl'lblemtutory, regulatory and pete for nil contrJcts thttt they can per· manner beforrhand tbnt 1hegovernment case low d0ctri11es.Another challenge is fonn, consiMcn1with 1hegovernment's employee hos I he authority to net in the that the couns, hoards nnd the GAO wiU interests~ proposed maunc,·. Gcncrnlly,the vendor strictly cuforcc their proccduml rule.<. wiUhave this nssumncc when dealing Accordiugly.vendors should consider with 1he"controcting officer• assigned 10 retaining counsel spedoll,Jng in federal the procurement. The quoted term refers procurrmcnt. •fter having explored all Ensure dthcr to the ,gcncy official authoriud 10 viable options short of suing the actual enterinto. administer or terminatecoo· or prospecuv,, govornment CU$tOmer. DealingsWith tracts or that ollkfal's outhoriud rcpre· In procuremen1 hug:mon, the key to smmti,·rs acting within the SCOpt'of their successwith agencits, 10 include enhanc ddegauon. ~ Otherwise, a party might ing die pro!p«ts of se1tlcmen1,is to Authorized ri.sl I II I I l \ /I \ \f I I \ \\ 1 f U 22 7 where the items implicate national S 228 MAY 200S 30. SeeFAil 49 .607istating procedures for cu re notice 38. Id. at 21;In re Elt0t,ASBCA 52349. 01·2 SCA I theagency must initia1e administtattl/9 orothef andshow cause notice) 31,547.a, 1 55,809. 1e Resourcesonline ASEMAKER ® ALABAMASTATE BAR - ~ T II E :\ I A H ,\ .\1 ~t I A \\' }' I R 229 Legislative Wrap-Up 2005 Regular Session: HalfwayPoint By RobertI. McCur/ey,Jr. I tht writing of 1hisutkk. the SB-I09, is a ron$1ilutional .unendmmt legislatutt .,..,. a1 i1smid-point, h.lnning"same sex marriages." In addition A having mel for IS legislativedays, 10 lhesc 1wobills, only cJ1rcc01hcr bills wi1h 15 10 go. The l•M pos.ible meeting hnve pas.~ both houses.'!'he house has dny is on Monday, May 16, 2005. pns.1ed172 b ills in I 5 dnysand cJ,e senate i\l lhe halfwaym.ark. 1,065bills had hns p,1$Sed29 bills during the 5'lmepcriocl beenintroduced in both hown. Of these. Those of pal'ticul•r intern! to lawyers only Ii,,,hav,, necci,~ final p;,ssoge_The and lhat stand a good ch.me-,of making it most notable one isSB-101,3 "ttVised throughthe lcgislatn,eprocess this )1'\lt are open meetings"ACI by which govemmm the ma;or code rtYisionsdrnlied by the ml bodfosarc rcqulrcd to be open to tbe AlabamaLaw Institute. These arc the lrust public, with cer1uinexceptio ns. Another, C.ode,SB-138 and 118-391.spo nsored hy Legal Professional Liability Coverage for America's Greatest Law Firms Financial Stabilit y • Cove rage For All Firm Size s Optional Monthl y Pay ment Plan Rated " A" by A.M. Best* LEARN and EARN in LAS VEGAS You can Jeem a lot about ethics end eem CLE cre 800-299-4331 ·A.M. Besl Rating Report July 15, 200d 0 2005 by Gl'&IUAmorican Insurance Company . All ,fght1reserved 230 MAY 2 00 S Senator Rodger Smitherman and Elevensentencing reform bills, drafted HB-75 Representative LesleyVance; the Securities by the SentencingCo mmission, are Requirespa id political advertising to Act,SB· 177 and HB· 177, sponsoredby under consideration. Some of thesea re: disclose the source of fw1ding for the Senator Roger Bedford and Representative advertisement. MarcelBla ck; and the Election Code, HB-476 sponsoredby Senator Zeb Littleand Providesfo r voluntary sentencing Stan· dards. HB-99 Representative Ke.nG uin. Allowscounty appointing boards to Other bills of interest 10 lawyersa re: HB-477 appoint alternate inspectors and clerks. HB-45 Providesaccess to juvenile and youth· SB-220 Allo\'/sarres t ,varrants [O be executed ful offender records by judges, prose Requires no nprofit corpo rations mak~ in a county other than the county or cutors, probation officersand court personnel. ing campaign contributio11s to disclose municipality in which it has been the person making donations to the issued. HB-482 nonprofit co rporation. HB-67 Raisesthe fines for felonies and misde· meanors. HB-496 A constitutional amendment ratifying Authorizes uniform voting equipment and confirming local court costs and for use in elections and uniform ballots compensation of co,mty officials. HB-486 Discretionary medical or geriatric to be selected by the sea-etary of state. releaseof inmates. HB-91 HB-528 Next year,the largest elect.ion that ,..,c Concerns\., •orkers' co1npensation and Allowse lection officials to be excused structured settJements. have had in many years will occur,w ith the governor,aU consti tutional officers, from their regular employment. HB-111 the legislature,five supreme court justices and other appellatecou rt justices,probate HB-390 Providing for confidentialityof records Removes the board of registrars from judges.circuit clerks,and sheriffsall being and proceedingsin mediation. under the secretary of state's office. electedin one year.Wi th that in mind, HB-179 there are numerous election reform bills, lncreasts attorneys'a1)nua ] licensefees including a revisionof the entire Tille I 7. l'or l11osewis hing to keep up with the from $250 to $300 per year. This "electioncode revision"is primarily legislation on a daily basis, they may con· toi clear up nconsistencies in Lhe cw·rent suit the Alabama Legislative Information HB-184 law,without making substantivechanges. System, ALJSON@o11/i11e,at: www.alisdb. AIJo-,sthe expuogement of criminal SeveralbiUs arc making tbcir way through legislaturc.state.al.11s/acas/ACASLcgi11.asp. charges for misdemeanors and traffic the legislature10 make substantive For n1orein forma tion, contact Bob offenseswhe re the case was either dis· changes. I ,viUenu merate on only a few. McCurley,d irector, Alabama Law missed or the person found not guilty. Institute, P.O. Box861425, Tuscaloosa HB-25 35486·0013; fax (205) 348·84ll; phone HB-280 Requirescompute r systems monitoring (205) 348-74 11; or visit our Webs ite at Will provide excuses from jury duty election results lO remain online a l all lVlVlv.ali.state.al.us. • ,,,here jury service ,..,ould have an polling places until the polls close at adverse effecton a person's employ· 7:00 p.m. rncnt or havean undo hardshipfor caregivers. HB-60 Prohibits PAC·to·PACtransfers. SB-118 Providesfor expeditedhearings in emi· HB-61 Robert L McCt1rley,Jr . nent do1naincases i n probate court. Providesa utornatic recounts for either AobenlMdlllet . Jr. is,i., ~o l rreAJobomoLaw side when a ballot measure passesby lnslJluta at thelklNBl'S ityof Alalxml. He l«eived his SB-129 less than one·half of one percent. ,r,c!orgoo,art"" law~ from... _, .., Providesfor limited home-rule. 1 H f: A I A 8 tl ,\1 ,..\ L A ~\' \' f: R 231 Opinions of the General Counsel AssociationWith ForeignLawyer or Law By J.A111/Jo11y Mdni11 Firm- What Do the RulesPermit? Question : Answer : Accordi11g I<>yo ur opinion reque?St, The Disciplinary Commission of the your low firm has n growing practice in AlabamoStu te l~nr is of the opinfon that the arei, ofi 111ernn1ionnl trnde in which the Alnb11ma //11/esof Professio11alCo11d 11ct you rcprcsc,111dicnts who transact busi do nol prohibit an Alabama lawyer from nesson n glob.ii scale.To bcucr serve your 1JS.10Ciatingor affi lia1ingwith n foreign clicnlJI.your formwould like 10establish • lawyer to lWist clients of the Alabama network of qu.Jificd lawyersin various lawytr who·'"' in necclof legal services foreignjurisdictions. In order to accom in 1hecounuy in which the forcign plish this ob)«th-c. you propose to enter law,u procticcs. However, any forcign into sever.&!•lllli.ttion •grccmcnts with •norney w llSSOclatcdmust b.-a memb.-r fordgn counsel.Your lcttCT charaetcrius of• recogniud legal profession in the these,proposffl agtfflllents as follows: foreign Jurisd1c1ionin which he or she "Such .1grecmen1Jwould simply be practices and 1hc arrangement must I,., mutual n1oralco1nmitmcnts to in compliance with lhe lowsof Alabama consider using c3d1 other when and lhc lowsof 1hc forcign jurisdiction. our clients have• need overall. No legal commitments would be undertaken, there would be no Discussion : sharing of revenues, and neither The Alnbn11111R11l,1 of Professional affiliate would engage in the prac• Co11duc1conm in no specificprohibition ti<'«!of l11woutside of the jurisdic ag~ins1nn Alnb3mnlnwycr :1SSOCinting a tions in which they are licenm fordgnattorney to assistin the represenlll· We would list the affiliated law tion of clients.Hown-cr. Ruic 5.4 of the firms by name and city on our let· Ru/a ofProfessio,111/ Omtlua docs rcsuiet tcrhad as '•ffili•tcd offias' or by the cxtml to whichon Abb.una lawyer the use of some similarly descrip· may ;woci;iteot olrtllii1 232 MAY 1005 their clien1s1 Alnb~tna lawyers exercise and is liccnsc The software designed by tckCA!iE lawyers for lawyers I\ C11RSOh'A 'lllb 11.C' i+rod11e.l Wo con mako your UncoM••1.0 DfVOtff in Al1CN1m•2 .0 CJUtes: child support and uncontested • c.tll(M'.!•11 d b!fOf~ divorce cases aa easy as 1 ... 2 ... 3 ... • Cs-4 7 • CNd 8uppotllnlCWlfllliorl 9*' • C,$-41• Chlld SilPl)Cll'IObliga,.,.. 1. Enlerthe Casa Information •CS...·Chttl-0- 2. Print lhe Documents 3. FIie with tho Court ·.cs-<3°"""' ...... •W.,.W-4>doo"'*'-·-· ...,-._. ...,...... ar.ld....,il'Aw....1..0~,cs-,,.CN,...... , __ ~-~...... ,.01~A141uzao~.~- w...fll~Orll~f...._,,1111...... _~... __ _ .cs,.a,,a.._...~ ____ • cs,.Q ·CMt ..... 0-.,.,.. R 'IIOf 1, v I :ne and money'? .cs-<>.°"" - - ,.c.,,_..,. Unconlesled Divorce In Al abama 2.0 ...... S595 • W9W~OO., ·-- Child Support In Alabama 2.0 ...... S195 80th PfOdvet•Inc h.•®' FtuJe32 Child Suppo,t Clkutato, ''" l .--= ,o-,,,haiiil-, 1-. -,,- ,-n,-m~ N#iMt, ol U'IQ'jn,l-ti111ddi~ and aflt ab Ci \e· --01,>' k( n•,,• ,, T·~ T IJ (J"' ,1 ' ·1"(! llHTH) (,[) J!0\ 1 (UII complete them 1n mimJlM Tl'.111.proan1m , truly ona 01 !tie- Deel WW8lilm0nt·I $0flwme our oompony hjl& 11Jt11 m1idft · 334·244-2983 Nancy Mar1ln E>tocullvoS.cretary BATIAGLIA LAW OFFICE LogatS6rv1DtHI CorJ)Ol"i,1100 Oolha11. Alnb!IIM 1 II I ~ I I ll -\ \f '1 l \ \\ ) t U 233 Bar Briefs --··AMJ..,-- .. ----~S.,.--9"' Segall PnrLicipaccsIn ABABar 1hr ASA for lorn!, st.tic, nnlional •nd Leadership lns1i1u1e spcdnhy bar associations and foundn· Joining s-0mc 300 01hcr emerging tions, leadersor L1wyerorgonrz.u1 ions from The BU is sponsored by lhe ABA across the country 01the American Bar Standing Commiuec on Bar 1\C1ivilles Association'sB,or leadership Institute and ~rviccs and the ABAOivi,ion for (BU) in Marth, w:u BobbySegall, prcs B.ar~rviccs as part of the .woci•tion's idmt- 234 MAY 1005 - 'I ·-----~------j I ALABAMA STATE BAR I ' 2005-2006 COMMITIEE/ TASK FORCE PREFERENCE FORM I I I ALABAMA STATE BAR MISSION STATEMENT I THE ALABAMA STATE BAR IS DEDICATED TO PROMOTI NG THE PROFESSIONAL RESPONSIB ILITY AND COMP ETENC E OF ITS MEMBERS , IMPROV ING THE ADMIN ISTRATION OF JUS TICE, AND I INCREASING THE PUBLIC UND ERSTANDING OF AND RESPECT FOR THE LAW . I I I INVITATION FOR SERVICE FROM BOBBY SEGA LL , PRESIDENT-ELECT I We want very much in the upcoming year to broaden participation in bar activities. If you would I like to serve our profession in a volunteer capacity, please choose a committee or task force in which you I are interested. The Alabama Bar needs you and will try hard to involve you in an area of your interest. I I We also want your suggestions on how the Alabama Bar can better serve its members and our I profession. Please include your suggestions in the space provided below. I I I I I I APPOINTMENT REQUEST - Terms begi n Au gust 1, 2005 and expire July 2006. Indicate your I top three prefere nces from the list by marking 1, 2 or 3 besi de the preferre d committee (c) or I I task force (tf). I I I _ Alabama Lawyer, Editorial Board (c) _ Insurance Programs (c) _ Alabama Lawyer, Bar Directory (c) _ Lawyer Referral (c) I { _ Alternative Methods of Dispute Resolution (c) _ Lawyer Public Relations & Law Day (c) _ Character & Fitness (c) _ Lawyer Assistance Program (c) I _ Client Security Fund (c) _ Merit Selection (tf) I _ Community Education _ Military Law (c) I I _ Disciplinary Rules & Enforcement (tf) _ Quality of Life I _ Diversity in the Profession (tf) _ Rules Governing Admission (tf) _ Fee Dispute Resolution (c) Solo & Small Firm Practitioners I • _ Judicial Liaison (c) Unauthorized Practice of Law I _ Volunteer Lawyers Programs I I I I BACKGROUND IN FORMATION I Name: ______~ I Firm: ~ I Address: ______(Street or P.O. Box) I ----~------~-----~----(Ci ty, State, Zip) Telephone: (office) ____ _ (e-mail) _____ (facsimile) ______I Year of admission to bar: C check if new address I ~ SUGGESTIONS FOR NEW COMMITIEES OR TASK FORCES: I INSTRUCTIONS FOR SUBMISSION I Please return this form no later than May 7, 2005 to be considered for an appointmen t . by mail to I Programs, P.O. Box 671, Montgomery, AL 36101-0671, by facsimile to 334-261-6310, or by computer to I [email protected] that vacancies on existing committees are extremely limited as most committee I appointments are filled on a three-year rotation basis. If you are appointed to a committee , you will I rece ive an appointment Jetter informing you In June 2005. You may also download this form from our I I Web site,www.alabar.org completed form via e-mail to [email protected] I I ~ .------....- .. Disciplinary Notices Notices to Show Cause Randol Denn llcck, whos,, whcm1bou1s arc unknown, 111usl llnswcrt he Alabama S1n1c flnr's rormol disciplinary Reinstatements J11mcsH ,m ..,y Tipler for a period of J 5 charges within 28 days or Mny months. effee1iveJ•nuary 7. 2005. On December 3, 200-I.Montgomery 15, 2005 or. thereafter, the Tipler is al!Olicrnsed in the states of attorney Dtw11rdJo hn Harrison was allcg,tions contained therein Florida and Califomb- He maintains susptnded rrom the practice oflaw in shall be deemed admiued and an offiu in O.,Stin,Florida. Tipler is the State of Alabam.afor noncompli appropria1c discipline shall be pmcmly suspended from the practice ance with true2003 Mandatory imposed ag.,inst him in ASB o(bw in Alabama, which suspension Continuing LegalEduC\ltion require • No. 04-252(A) by the went into effect on June 18, 2003- menu o( the Alabama State Bar.On DiKiplin•ry Board of the 0n December 5, 2002, Panel m of March 2, 200S. Harrison came into Alabama Stale Bar. the Oisciplin•ry Boord of the Alabama compliance with the MCLE Rules.On Stal< B:orfound Tipler guilty of violat· Dcnnnn Saunders March 18, 2005, the Supreme Coun of ing rules 8.4(d} and 8.4(g), Alabama ~liG!llnboLhnm, whose wherc Alabama mndc emry on the Roll of R11/csof J'rofcssio11nlCo11d11c1 . TI1e nbout.s nrc unkncn.,.n, mu.!it Au orne) 2 3 6 MAY JOOS case management that kd to the prob at Sharp's firm. On January 4, 2003, Public Reprimands lems in the case. lASBNo. CH-l2(A) J. Roberts received• contempt citation On February4, 2005.Gadsden attorney On February 4, 2005, Birminghrun for fulling111 answer post-judgment Russell,\ llnn McGill=ived a public nttomey Laurie lloston Shorp received interrog111orics, about which he knew reprimand ,vithoul gencrnJ public.uion o public reprimand without general nothing. for fuiling10 men civil nctlonon behalf publicntion for violations of n~es 1.3, Roberts hired two other attorneys to of. client b<:ro,·cthe stntute or Limita l.4(o) and 8. l(b ), AlabamaRules of assist him in gelling the judgment set tions rnn. While workingwitl1 h is previ Profmio11alCo11d11rt . Robert Roberts nside,but their altcmpts were unsuc ous employer, McGillallowed the statute hired Shnrp on March 6, 2001 to repre =ful. On October 9. 2003, Roberts or limitations to run without 61ingo ~nt him in a dispute over his business filed a complaint with the Alabama civilaction; failed to notify the client lease. Roberu contended th•t Cromthe State B.1ralleging that Sharp had neg· that he h•d missedthe statute of limilll- lime he hired Sho11puntil July 2002. lected his case and had failed to com 1ions; and misled the dknt .uid his pre she did not kcp him infonmd abou1 municato with him. I le also hired a vious emp~ about the 0$t , viola devdopmcnu in hi$ case,. On July S, laW)'t'rto sue Sharp for log;,Jmalprac tions of rule, 8A(a), 8.4(c) and 8.4(g), 2002. Robens reenvcd a coll Crom tice. An in""1igator from the Afnlx,11111R,1/a of Profe,sionnlOmducr. another lawyera.nd w•s told that a Birmingham Bu Grlev:.nceCommittee The DisciplinaryCommission noted default judgm Yournest egg? Your kids' inheritance? Thinair? Wherewill you find $40,000 a year? Actually. rhe chnnces of your having 10 come up wi~ variety of long-term care insurance options 10 choose that sun, of money are greater cban you might 1hink. I from. Which means you, your fumily and your :tS><:lS $40.000 is the average cost of one yc:tr of can be procecred by • company Alabamians long-tern, c:ire (ond thar number kttps rising). have uusr«! fur more than GS ycan. To learn And smim a show !hat one in live Americ:ins more, call I 888 331-4188 for Gr9up co,·c:rag,: over the oge of 50 will need some sort of infonnacionorall I 8886 51-5462forlndividual long-1erm are in ihe next 12 mondu due roan co,-cragcinformation . Or you can visit us onlinc •cciden, or un Ill! \I \II \\11 I \H \Lil 237 Disciplinary Notices Comi1111cdfrom page237 made one last anempt 10 reach Sharp On Fd>ru.try4, 2005, Birmingham hearing that iftcr th• deposition. $ht by phone. The followingday, Sh•rp attomey Richard LeslieJones receiveda nof ProfesdonalCo11dttcr and sc,t the case for t nal. The Disciplinary Sharp stuting 1h01the resoluhon or the ordered that he receive• public rcpri· Board found that Jones railed1 0 civil matter did not terminate the mand with geneml publication.Jones demonstrate that he performed n •b· grievancecom1nl1Lee's invcstig;,tlon of bcgru1rcprrsenting ldom Woods in a stantivc legal work on the casebetween Roberts' compblnt. This t..._tt 238 MAY 2 005 Hard Evidence From Hard Drives ..,. "'~, ., , .. 7 8 9 I io, ' .... , ~ 5 6 0 '"· Phosnix Data Incorporated 110110001010110 000101011111001 001100110101000 111010101010100 r ComputerForens ics J DataRecovery J Network Support A RaceCannon Company Call 434.249.3282 email: [email protected] online: www.PhoenixDataServices.com Classifieds RATES Boa1d-<:0rtifiedbyACTAA . Phone JohnT. 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