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MARCH 2016Lawyer | VOLUME 77, NUMBER 2 THE AlabamaMARCH 2016Lawyer | VOLUME 77, NUMBER 2 L Navigating the Ethical Maze of E-Discovery in Light of the Recent California Bar Ethics Opinion Page 106 L Shifting the Burden: Municipal Workers and Establishing Evident Partiality in Alabama Based Upon a Failure to Disclose Page 118 HowHow Does YourYouro MalprMalpracticeaour ice Insurcta InsurInsurererice TreatTTrreatat YouYou WhenWhen YouYou HaveHavavvee A Claim?laim?CA laim? YouYou ccanan do betterbetter,tterr,, callalc llll AIM todatoday.ayyy.. WWee understand the prpracticeice of lawctathe lawlaw.w.. WeWe wwereere e fformedforormed byy attorb attorattorneysneeyys to serveservvee attorattorneys.s.yne s. Attorneeyys Insurance Mutual TTelepelephone 205-980-0009 of the South® TTololl FFrree 800-526-1246 FFaxax 205-980-9009205 200 Invvererness Parrkwakwaayy Birmingham, Alabama 35242 wwww.Att.AttysInsMut.com cS an fforor A natiopplic Insur“Insur and S Pering rving ar cticingi Attor s Syne Since 1989” Copyyrright 2013 b Attorney s Insuryne ance Mutual of the South® o LoweLowerer ratess onon lilifefe insurance,insurrance, thanthanksnks to you.yoou. All ofllA ofof you.you Now, Alabama State Bar members have access to life insurance at a group rate. Did you know that 67% of Americans say they need lifelife insurance but thinkk it’sit’’ss too expensive?expensive? Well,Well, thanks to our strongstrong membership, we werewere able to use our purchasingpurchasing powerp to get all our members a discounted rate on lifelife insurance. YYouou can get $500,000$50 of coverage for less than $2.50 a day. How do you figurefigure out how much lifelife insurance you need? A good rule of thumb is toto multiply 60% of your income times the number of years until retirement.retirement. So look at your age on the chart below to see some of the differentdifferent types of coverage available to you. Getting lifelife insurance is easier than you think. Just call right now and we’ll get you startedstarted in a few mminutes. BeBenefitnnefit Amounts and QuartQuarterlyerly PremiumsPremiums $250,000 $500,000 $1,000,000 Age Male Female Male Female Male Female 30-34 $28.13 $22.50$54.00$43.20$108.00$86.40$22.50 $54.00 $43.20 $108.00 $86.40 35-39 $43.13 $34.38 $82.80 $66.00 $165.60 $132.00 40-44 $72.50 $57.50 $139.20 $110.40 $278.40 $220.80 45-49 $111.25 $89.38 $213.60 $171.60 $427.20 $343.20 50-54 $171.25 $148.75 $328.80 $285.75 $657.60 $571.20 Rates shown are the quarterly term life premiums for non-smokers. Other payment modes are available. Please call ISI at 1-888-ISI-1959 with any questions. Go to: www.startprotecting.com/C4560wwww.startprotectingng.com/C4560 Explore Plann OOptions • Calculate ratess • AApply online Insurance underwritten by Metropolitan Life Insurance Company, New YYork,ork, NY L0116451652[exp0118][All States][DC] THE MARCHAlabama 2016 | VOLUME Lawyer77, NUMBER 2 COLUMNS President’s Page 88 Executive Director’s Report 92 On The Cover Stalactites in DeSoto Caverns, Childersburg. The App ellate Corner Stalactites are icicle-shaped formations 128 that hang from the ceiling of a cave formed by precipitation of minerals from Memorials water dripping through the cave ceiling. 135 –Photo by Noelle M. Buchannon, The Finklea Group Important Notices 136 FEATURE ARTICLES Legislative Wrap-Up 140 President-Elect Profile Bar Briefs Augusta S. Dowd 142 90 Opinions of the General Counsel The Mobile City Government Case: 144 1975-1982 YLS Update By David A. Bagwell 148 94 About Members, Among Firms Navigating the Ethical Maze of E-Discovery in 150 Light of the Recent California Bar Ethics Opinion By Marcus R. Chatterton and Elizabeth J. Flachsbart Disciplinary Notices 106 152 facebook.com/AlabamaStateBar Shifting the Burden: @AlabamaStateBar Municipal Workers and Establishing Evident Partiality in Alabama Based upon a Failure to Disclose @AlabamaStateBar By Rebecca A. Beers youtube.com/TheAlabamaStateBar 118 Alabama Lawyer flickr.com/AlabamaStateBar T H E www.alabar.org 85 ALABAMA STATE BAR Gregory H. Hawley, Birmingham .......................Chair and Editor ADVERTISERS [email protected] 415 Dexter Avenue Linda G. Flippo, Birmingham ....Vice Chair and Associate Editor Montgomery, AL 36104 [email protected] (334) 269-1515 • (800) 354-6154 Wilson F. Green, Tuscaloosa ......Vice Chair and Associate Editor [email protected] ABA Retirement Funds .........................91 FAX (334) 261-6310 Margaret L. Murphy, Montgomery..................Staff Liaison and www.alabar.org Director of Publications ALABAMA STATE BAR STAFF [email protected] AlaServe, LLC ....................................133 Executive Director ....................................Keith B. Norman Director of Personnel and Operations ..............Diane Locke Robert A. Huffaker, Montgomery ....Chair and Editor, 1983-2010 ASB Foundation Assistant/ Attorneys Insurance Mutual Executive Assistant...................................Ann Rittenour Assistant Executive Director...............Edward M. Patterson BOard Of EdiTOrs of the South ...........................................82 Administrative Assistants for External Relations Melanie M. Atha, Birmingham • Marc J. Ayers, Birmingham • David A. Bag- and Projects ...................................Mary Frances Garner well, Fairhope • Jennifer M. Bedsole, Birmingham • H. Lanier Brown, II, Birmingham • Henry L. (Max) Cassady, Jr., Fairhope • W. Lloyd Copeland, Marcia N. Daniel Mobile • Cason Crosby Cheely, Daphne • Kira Y. Fonteneau, Birmingham • Cain & Associates ...............................105 Director of Digital Communications..........J. Eric Anderson Sara Anne Ford, Birmingham • Amy M. Hampton, Alexander City • Walter E. Director of Information Technology........Dolan L. Trout McGowan, Tuskegee • Rebecca Keith McKinney, Huntsville • Jeffrey R. McLaughlin, Guntersville • James R. Moncus, III, Birmingham • Joi T. Mon- Information Systems Manager..............O. Hunter Harris tiel, Montgomery • Anil A. Mujumdar, Birmingham • Sherrie L. Phillips, Davis Direct.........................................146 Digital Communications Content Manager ......Kelley Lee Montgomery • Katherine T. Powell, Birmingham • Allison O. Skinner, Birm- Director of Publications..................Margaret L. Murphy ingham • Marc A. Starrett, Montgomery • M. Chad Tindol, Tuscaloosa • Jason B. Tompkins, Birmingham • David G. Wirtes, Jr., Mobile Director of Regulatory Programs ....................Angela Parks Membership OffiCErs J. Forrester DeBuys, III.......................105 Administrative Assistant................Cathy Sue McCurry Lee H. Copeland, Montgomery.....................................................President J. Cole Portis, Montgomery..................................................President-elect Regulatory Programs Richard J.R. Raleigh, Jr., Huntsville ...................Immediate Past President Administrative Assistant ........................Doris McDaniel R. Cooper Shattuck, Tuscaloosa ...........................................Vice President The Finklea Group ..............................145 Director of Admissions..................................Justin C. Aday Keith B. Norman, Montgomery ....................................................Secretary Admissions Administrative Assistants .......Crystal Jones S. Hughston Nichols, Birmingham .......Young Lawyers’ Section President Sonia Douglas BOard Of Bar COmmissiOnErs Freedom Court Reporting .......................155 Director of Finance..........................................Merinda Hall 1st Circuit, Halron W. Turner, Chatom • 2nd Circuit, J. Levi Nichols, Lu- Senior Financial Assistant...........................Gale Skinner verne • 3rd Circuit, Christina D. Crow, Union Springs • 4th Circuit, Jana Russell Garner, Selma • 5th Circuit, Charles G. Reynolds, Lanett • 6th Cir- Financial Assistant .........................................Kristi Neal cuit, Place No. 1, Terri Olive Tompkins, Tuscaloosa; Place No. 2, Robert Graphic Arts Director/ Hays Webb, Tuscaloosa • 7th Circuit, William H. Broome, Anniston • 8th Gilsbar Pro ...............................................156 Circuit, Emily L. Baggett, Decatur • 9th Circuit, Dana Jo Grimes, Ft. Building Superintendent .......................Roderick Palmer Payne • 10th Circuit, Place No. 1, Leslie R. Barineau, Birmingham; Place Receptionist ............................................Stephanie Oglesby No. 2, John A. Smyth, Birmingham; Place No. 3, Barry A. Ragsdale, Director of Service Programs .................Laura A. Calloway Birmingham; Place No. 4, Robert G. Methvin, Birmingham; Place No. 5, Augusta S. Dowd, Birmingham; Place No. 6, Teresa G. Minor, Birming- ISI ...............................................................84 SP Administrative Assistant ......................Kristi Skipper ham; Place No. 7, Allison O. Skinner, Birmingham; Place No. 8, Brannon Lawyer Referral Service Representative........John Dunn J. Buck, Birmingham; Place No. 9, Erik Stephen Heninger, Birmingham • Bessemer Cutoff, L. Kenneth Moore, Bessemer • 11th Circuit, Ralph E. Volunteer Lawyers Program Director ................Linda Lund Holt, Florence • 12th Circuit, Thad Yancey, Troy • 13th Circuit, Place No. VLP Assistant .................................Katherine L. Church 1, C. Zackery Moore, Mobile; Place No. 2, Frederick G. Helmsing, Mo- LawPay.......................................................87 bile; Place No. 3, Clay A. Lanham, Mobile; Place No. 4, Juan C. Ortega, Intake Specialists ...................................Deborah Harper Mobile; Place No. 5, James Rebarchak, Mobile • 14th
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