June 2020 Volume 25, Number 6

From the President: GEORGIA BAR Addressing COVID-19 Impact on Civil Legal Services

Transitioning into JOURNAL Practicing Law Virtually Member Benefits and the COVID-19 Pandemic

2020 Fiction Competition Winner: The Deal

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EDITORIAL BOARD OFFICERS OF THE QUICK DIAL MANUSCRIPT SUBMISSION STATE BAR OF GEORGIA EDITOR-IN-CHIEF ATTORNEY DISCIPLINE The Georgia Bar Journal welcomes the submission of Kristin Poland PRESIDENT 800-334-6865 ext. 720 unsolicited legal manuscripts on topics of interest to Darrell Sutton 404-527-8720 the State Bar of Georgia or written by members of MEMBERS the State Bar of Georgia. Submissions should be 10 Donald P. Boyle Jr. PRESIDENT-ELECT CLIENT ASSISTANCE PROGRAM to 12 pages, double-spaced (including endnotes) and J. Kyle Brooks Dawn M. Jones 404-527-8759 on letter-size paper. Citations should conform to A Rickie Lee Brown Jr. TREASURER CONFERENCE ROOM RESERVATIONS UNIFORM SYSTEM OF CITATION (19th ed. 2010). John Clay Bush Elizabeth L. Fite 404-419-0155 Please address unsolicited articles to: Kristin Poland, Timothy J. Colletti State Bar of Georgia, Communications Department, Angela Ellen Cusimano SECRETARY FEE ARBITRATION 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. Jacob E. Daly Sarah B. “Sally” Akins 404-527-8750 Authors will be notified of the Editorial Board’s Bridgette E. Eckerson IMMEDIATE PAST PRESIDENT CLE TRANSCRIPTS decision regarding publication. Jake Evans Hon. Kenneth B. Hodges III 404-527-8710 Lynn Gavin The Georgia Bar Journal welcomes the submission Mary Elizabeth Gilchrist YLD PRESIDENT DIVERSITY PROGRAM of news about local and voluntary bar association Megan Turley Hodgkiss Will Davis 404-527-8754 happenings, Bar members, law firms and topics of interest to attorneys in Georgia. Please send news Eric Hooper YLD PRESIDENT-ELECT ETHICS HELPLINE releases and other information to: Sarah I. Coole, Abbey Beth Morrow Bert Hummel 800-682-9806 Director of Communications, 104 Marietta St. NW, Amber L. Nickell 404-527-8741 Kevin Patrick YLD IMMEDIATE PAST PRESIDENT Suite 100, Atlanta, GA 30303; 404-527-8791; Michael Steven Webb Hon. Rizza P. O’Connor GEORGIA BAR FOUNDATION/IOLTA [email protected]. Pamela Y. White-Colbert 404-588-2240 DISABILITIES Mark W. Wortham COMMUNICATIONS GEORGIA BAR JOURNAL If you have a disability which requires printed COMMITTEE 404-527-8791 materials in alternate formats, please call 404-526- EDITORS EMERITUS CO-CHAIR GOVERNMENTAL AFFAIRS 8627 for assistance. Peter C. Canfield 404-526-8608 Bridgette E. Eckerson (2017-19) PUBLISHER’S STATEMENT Timothy J. Colletti (2015-17) CO-CHAIR ICLE Bridgette E. Eckerson (2012-15) Leslie L. Cadle 678-529-6688 The Georgia Bar Journal (ISSN-1085-1437) is Robert R. Stubbs (2010-12) LAWYER ASSISTANCE PROGRAM published six times per year (February, April, June, Donald P. Boyle Jr. (2007-10) August, October, December) by the State Bar of COMMUNICATIONS 800-327-9631 Marcus D. Liner (2004-07) Georgia, 104 Marietta St. NW, Suite 100, Atlanta, DEPARTMENT Rebecca Ann Hoelting (2002-04) LAW PRACTICE MANAGEMENT GA 30303. Copyright State Bar of Georgia 2020. One Marisa Anne Pagnattaro (2001-02) DIRECTOR 404-527-8773 copy of each issue is furnished to members as part D. Scott Murray (2000-01) Sarah I. Coole LAW-RELATED EDUCATION of their State Bar license fees. Subscriptions: $36 to non-members. Single copies: $6. Periodicals postage William Wall Sapp (1999-00) ASSISTANT DIRECTOR 404-527-8785 paid in Atlanta, Georgia, and additional mailing Theodore H. Davis Jr. (1997-99) Jennifer R. Mason L. Brett Lockwood (1995-97) MEMBERSHIP offices. Advertising rate card will be furnished Stephanie B. Manis (1993-95) COMMUNICATIONS COORDINATOR 404-527-8777 upon request. Publishing of an advertisement does William L. Bost Jr. (1991-93) Ashley G. Stollar MEETINGS INFORMATION not imply endorsement of any product or service Charles R. Adams III (1989-91) SOCIAL MEDIA COORDINATOR 404-527-8790 offered. POSTMASTER: Send address changes to L. Dale Owens (1987-89) Danyale Brown same address. Donna G. Barwick (1986-87) PRO BONO RESOURCE CENTER James C. Gaulden Jr. (1985-86) ADMINISTRATIVE ASSISTANT 404-527-8763 Jerry B. Blackstock (1984-85) Amber Rikard PROFESSIONALISM Steven M. Collins (1982-84) 404-225-5040 Walter M. Grant (1979-82) SECTIONS Stephen E. Raville (1977-79) 404-527-8782 The opinions expressed in the Georgia Bar TRANSITION INTO LAW PRACTICE Journal are those of the authors. The views 404-527-8704 expressed herein are not necessarily those of the UNLICENSED PRACTICE OF LAW State Bar of Georgia, its Board of Governors or 404-527-8743 its Executive Committee. YOUNG LAWYERS DIVISION 404-527-8778

2 GEORGIA BAR JOURNAL GEORGIA BAR JOURNAL June 2020 | Volume 25 | Number 6

GBJ | The Features

26 Transitioning into Practicing Law Remotely KELLYN O. MCGEE

28 State Bar of Georgia’s Committee on Professionalism Establishes New Speakers and Writers Bureau TERRICA REDFIELD GANZY

30 2019 Georgia Corporation and Business Organization Developments MICHAEL P. CAREY

36 Fiction Competition Winner: The Deal JOE CARGILE

GETTYIMAGES.COM/POL_1978

AN OVERVIEW OF The ULTIMATE ISSUE EVIDENCE / 18 Legal Brett M. Adams

2020 JUNE 3 26

GETTYIMAGES.COM/CHRISTIAN HORTZ

48 Georgia Lawyer Spotlight 64 Attorney Wellness A Conversation with The Benefits of Counseling GBJ | In Every Issue Steve Berry Megan Murren Rittle Jacob E. Daly 5 Editor’s Letter 6 From the President 66 Writing Matters 54 Office of the General Counsel Getting Good at the New Norm: 10 From the YLD President Pandemic Pandemonium: Writing Briefs and Motions for 14 From the Executive Don’t Forget the Basics Screen Readers Director Paula Frederick David Hricik and Karen J. Sneddon 52 Bench & Bar

56 Attorney Discipline 60 Law Practice Management 68 Professionalism Page 58 Legal Tech Tips Ten Effective Marketing Tips 21st Annual Justice Robert 72 In Memoriam for Uncertain Times Benham Awards for Natalie R. Kelly 74 ICLE Community Service Karlise Y. Grier 76 Classified Resources 62 Member Benefits 76 Advertisers Index Member Benefits and the COVID-19 Pandemic Sheila Baldwin

4 GEORGIA BAR JOURNAL EDITOR’S LETTER

The June Issue

When you last heard from me, we were Food Frenzy for proof. But, as you all know, just a couple of weeks into the COVID-19 there are so many ways this public health pandemic, and there was so much anxi- crisis has impacted our communities, and ety and uncertainty everywhere. Unfor- so much that remains to be done. As Dar- tunately, two months later, the situation rell Sutton points out in this month’s Presi- continues to stretch, and plenty of anxi- dent’s Page, civil legal assistance is and will ety and uncertainty remain. Disappoint- continue to be a growing need for Geor- ments seem to be piling up in my family: gians impacted by COVID-19. I hope Dar- my youngest denied the Pre-K graduation rell’s words inspire everyone to help with ceremony she has been looking forward this critical need. to for the last three years; our summer We have some other great articles to in- ON THE COVER trip to visit family and friends cancelled; form and entertain our readers as well. This GETTYIMAGES.COM/POL_1978 other family members are out of work. edition’s legal article, “An Overview of Ul- Still, my family has much to be thankful timate Issue Evidence,” by Brett M. Adams, for, our health most of all, and there have provides up-to-date information about the been plenty of happy moments had and fun state of the law related to ultimate issue evi- memories made. Yesterday, I took a break dence since the overhaul of Georgia’s evi- VISIT while working from home to paint my dence code in 2013. Also in this issue, I am gabar.org daughters’ nails. Between them, they chose very happy to share with our readers this 12 different colors, because why not? My year’s Fiction Contest winner, “The Deal” VIEW ONLINE vegetable garden this year is shaping up by Joe Cargile. We had a number of fantas- www.gabar.org/journal amazingly well. I’ve even had a little time tic entries for the Bar Journal’s Annual Fic- to start jogging again, at least occasionally. tion Contest this year, and choosing a win- FOLLOW Professionally speaking, I am proud of ner was a difficult process. You are sure to Twitter the work going on in the legal community. be impressed with “The Deal.” @StateBarofGA @GeorgiaYLD Lawyers, and those in support roles We on the Editorial Board and the amaz- @iclega have been so creative and flexible in accom- ing staff at the State Bar of Georgia have put Facebook plishing goals and objectives, and are doing a little of our own creativity and flexibility @statebarofgeorgia their best to promote access to justice for to use to bring you this edition of the Geor- @GeorgiaYLD @iclega those most in need in these unprecedented gia Bar Journal. The process of getting this YouTube times. Legal professionals have risen to the publication to print has been a little differ- /StateBarofGeorgia challenge to help others. Look no further ent, but our content is as great as ever, and Flickr than the amazing outcome of the Legal I thank you for reading. l /statebarofgeorgia /yld Instagram @statebarofga @georgiayld KRISTIN POLAND Editor-in-Chief, Georgia Bar Journal LinkedIn [email protected] /state-bar-of-georgia

2020 JUNE 5 GBJ | From the President

Addressing COVID-19 Impact on Civil Legal Services

This op-ed was previously published on April 23, 2020, in the Daily Report. This reprint has been updated with current information. BY DARRELL SUTTON, RICK RUFOLO, STEVE GOTTLIEB AND PAUL PAINTER

The COVID-19 pandemic continues sessions is a necessary action to protect to take an unprecedented public health the health of citizens who are parties in and economic toll on our state. Most of those proceedings, as well as attorneys, the conditions are known all too well: the judges, court staff and jurors. But it also deaths of more than one thousand of our substantially delays the delivery of justice, fellow Georgians and illness to tens of especially the civil legal needs of low-in- thousands of others, devastating families come Georgians and others suffering the and straining the capacity of our hospitals economic fallout of COVID-19. and other health care providers. With 1.8 Readers of this publication know well DARRELL SUTTON million Georgia workers having filed for that unlike indigent defendants in crimi- unemployment and state government fac- nal cases, citizens facing challenges in the President ing a budget shortfall of at least $1 billion, civil justice system are not guaranteed State Bar of Georgia the impact on the economy is like nothing representation in court. Those who can- [email protected] we’ve seen in our lifetimes. not afford to hire their own lawyer must A less obvious result of the pandem- rely on legal aid organizations that are ic—because, understandably, the public only partly funded by the government, health and economic crises have been the or attorneys who volunteer to take their focus—is its dramatic effect on Georgia’s cases on a free or reduced-fee basis. justice system. In March, Chief Justice For Georgians, the Atlanta Legal Aid Harold Melton declared a statewide ju- Society offers free civil legal assistance to dicial emergency, essentially grinding low-income people in Fulton, DeKalb, the wheels of justice to a temporary halt, Cobb, Gwinnett and Clayton counties. except for matters critical or essential to For Georgians in the state’s other 154 protecting the “health, safety and liberty counties, which are covered by only 30 of individuals.” percent of the state’s attorneys, the Geor- That declaration has twice now been gia Legal Services Program works to close extended, most recently through June 12 the civil justice gap for low-income and and can be expected to remain in effect senior-aged populations. as long as other areas of government are During normal times, these agencies closed. The delay of most in-person court each take on thousands of cases every

6 GEORGIA BAR JOURNAL OFFICERS’ BLOCK

In this issue of the Georgia Bar Journal, we asked our State Bar of Georgia officers, “What are you grateful for now that you took for granted before the COVID-19 pandemic?”

DARRELL SUTTON President Good health, especially knowing the health of so many has been compromised. Friends, family and loved ones, from whom I am now distanced. Things I once considered routine that are now significantly limited: handshakes, hugs and a face-to-face conversation. An acknowledgement that things are hard and the hope that allows us to see beyond difficulty. DAWN M. JONES President-Elect I am more grateful than ever for the ability to gather with family and friends whenever possible, whether it’s cooking out, grabbing dinner at a restaurant or going to the movies. Also, all who know me well know I am a “hugger,” so sheltering in place has been especially challenging. month. New and unanticipated civil legal challenges brought on by COVID-19—in- cluding unemployment, housing and do- ELIZABETH L. FITE mestic abuse issues, to name a few—have Treasurer caused the demand for legal assistance to Absolutely everything whether I took it for granted swell, and that will only continue in the or not, but I’ll keep it light and say YouTube. During weeks and months ahead. the past two months, I’ve used it to find new Like the rest of the legal profession and workouts, figure out how to fix or improve items on much of the business world, Atlanta Legal my seemingly never-ending list of to-dos around the Aid and Georgia Legal Services attorneys house and troubleshoot an issue with my docking and staff have been working remotely station at the office that even impressed my IT guy. during the pandemic and for the most part SARAH B. “SALLY” AKINS have been serving clients by phone and Secretary email. They need continued public support and help from the rest of us in Georgia’s Handshakes, hugs, warm greetings and the luxury of visiting my 87-year-old mother whenever I could. legal community like never before. To address the situation, a task force among the State Bar of Georgia, Atlanta Legal Aid Society and Georgia Legal Ser- vices Program was formed to address issues related to the delivery of civil legal services for low-income Georgians that have aris- HON. KENNETH B. HODGES III en and continue to arise as a result of this Immediate Past President pandemic. A special committee chaired by Having lost friends to the virus, I wish it had never Savannah attorney Paul Painter is fulfilling surfaced. It’s a stark reminder of how fragile life is. the State Bar’s role in the task force. Mem- Sheltering in place is not easy, but the silver lining bers of the committee include Tina Battle, is time with family. I’ve spent much more time at Hon. Josh Bell, Audrey B. Bergeson, Leslie home and not on the road to/from Atlanta. Cadle, Sarah Cipperly, Melissa Cruthirds, Will Davis, Jana J. Edmondson-Cooper,

2020 JUNE 7 Lynn Garson, Steve Gottlieb, Shannon Hinson, Jim Hogan, Tracy Lindsey, Jack Attorneys are encouraged to utilize this Delivery of Legal Services During COVID-19 Pandemic Committee Issues Reporting Form, located at Long, Mike Monahan, Sarah Morris, Rick www.gabar.org/deliverylegalservices. Rufolo, Molly Sutter, Martin Valbuena, Ex- ecutive Committee Liaison Nicki Vaughan and Staff Liaison Natalie Kelly. The committee has reached out to Delivery of Legal Services During lawyers across the state to identify these COVID-19 Pandemic issues. (A sample of the form is to the left Committee Issue Reporting Form and can be completed and submitted at www.gabar.org/deliverylegalservices.) Full Name * The task force is coordinating with the appropriate judicial branch authorities, First Name Last Name local and specialty bar associations, and Bar Number existing State Bar committees, sections Georgia Bar No. and programs to quickly address and de- E-mail ex: [email protected] velop solutions to them. But more is—and will be—needed. The task force will work with the Governor’s To what area(s) does Legal Services Office and General Assembly for contin- this issue relate: Legal Profession ued public support of civil legal services to Legal System enable an effective response to the ongoing Other pandemic and period of recovery ahead. Contributions from private funders To what practice are just as important—if not more so. As area(s) does the issue apply (or is it this article is going to press, Georgia’s general): lawyers have the annual opportunity to contribute to Georgia Legal Services To what geographic area does the issue Program via their license fee statements. apply (if known): And lawyers and laypeople alike can con- tribute to both Atlanta Legal Aid and Briefly state issue Georgia Legal Services via their websites (one sentence): * at www.atlantalegalaid.org and www. glsp.org, respectively. What is the potential Physical Harm/Basic Needs (housing, food, etc.) Substantial and sustained support for harm? * Significant Financial Harm/Basic Civil Rights civil legal aid is essential to our state’s re- Moderate Financial Harm/Other Legal Rights sponse to COVID-19. We already see the Inconvenience need, and we know so much more is com- ing. Increased support from the public What is the current/ Currently Widespread and private sector is the only way Geor- future scope of the Currently Moderate Spread/Future Widespread gia’s legal services providers can meet this problems? * Currently Occasional/Future Moderate Spread Currently Rare/Occasional in the Future need and help guide Georgians through their recovery. l Additional Details

l Darrell Sutton is president of the State Proposed Solution(s) Bar of Georgia. or Method to Solve the Issue l Rick Rufolo is executive director of the Georgia Legal Services Program.

Submit l Steve Gottlieb is executive director of the Atlanta Legal Aid Society.

l Paul Painter is chair of the State Bar of Georgia COVID-19 Response Committee.

8 GEORGIA BAR JOURNAL

GBJ | From the YLD President

The Importance of Quality Mentorship

As a young lawyer, I can attest that one ing an excellent legal practitioner. There of the most valuable services provided by are many practical and professional ‘in- the State Bar of Georgia, as well as some sider’ strategies you need that law school Bar sections and local and specialty bar as- didn’t teach. They can show you how to sociations, is a strong mentorship program. confront the inevitable ethical situations Whether or not a recent law school or conduct crisis management to avoid graduate realizes the benefits of a career career-derailing mistakes. For example, mentor relationship on the day of his or a mentor can help you answer tricky her admission to the Bar, the importance legal questions that you may not feel of having an experienced attorney pro- comfortable asking your direct supervi- vide quality professional guidance in a sor. You also get support dealing with mentor relationship will become appar- demanding clients or navigating tricky WILL DAVIS ent sooner rather than later. intracompany relationships.” According to a Special Counsel blog ar- Wendy R.S. O’Connor, writing for ticle published in 2017, “While your legal The Legal Intelligencer, describes her first YLD President education and internships helped develop experience as a mentee. “My boss decided State Bar of Georgia the necessary technical skills for consis- that I was going to get the case ready for [email protected] tent career advancement and support, it’s trial and second chair it with him. In the important to have a career mentor. space of four months, I learned how to Mentors are more senior lawyers with develop a theory of the case, identify the whom you will form a trust-based profes- evidence that supported it, draft motions sional relationship that facilitates your ca- in limine, select and prepare exhibits for reer growth. They’re committed to help- trial, pick a , argue motions, prepare ing you make all the right moves during experts, cross-examine and— each phase of your career. A mentor helps perhaps the hardest part of all—wait you successfully integrate into a new role for a verdict. What made this experi- and assists you with cultivating a strong ence so transformative was that some- professional network.” one who himself had been thrust into a The blog’s author continues, “Working stressful and difficult situation took the regularly with your mentor also helps you time to teach a young lawyer how to navigate the legal profession in your area, be a lawyer. That included the terrify- as well as enhance your professionalism, ing, but ultimately exhilarating, experi- self-confidence and legal skills. There’s far ence of actually opening my mouth in a more to your professional success than be- courtroom, before a jury and being an

10 GEORGIA BAR JOURNAL OFFICERS’ BLOCK In this issue of the Georgia Bar Journal, we asked our YLD officers, “What are you grateful for now that you took for granted before the COVID-19 pandemic?”

WILL DAVIS | YLD President I hate to say that I took seeing my friends and family “for granted,” but having been separated for more than two months, I now see just how much in-person interaction with the ones that l love truly means. I am ready for some socially distanced backyard BBQs!

BERT HUMMEL | YLD President-Elect Group meetings, social time and daycare.

advocate. That experience changed my ELISSA B. HAYNES | YLD Treasurer professional life.” Throughout the country, the legal Uber Eats, Amazon Prime and the ability to work from home. profession has embraced the value of at- torney mentoring. The American Bar As- sociation’s website indicates that 36 state bars are actively offering a mentoring program for young and new lawyers. RON DANIELS | YLD Secretary “These programs surely assist new at- Being in my car. In my car, I felt safest of all, I could lock torneys to ‘bridge the gap’ between the all my doors. Now I have nowhere to drive. theoretical education they received in law school and the actual, hands-on practice of law,” O’Connor writes, “but perhaps the most valuable type of mentoring is the day-to-day guidance of a seasoned profes- RIZZA O’CONNOR | YLD Immediate Past President sional who has the time and interest in I miss walking into our small-town, local restaurants and nurturing nascent talent. Almost every- seeing people I know. While I have enjoyed sharpening one who has accomplished anything in my cooking skills or supporting local restaurants with this profession can tell at least one story take-out, I cannot wait for the day when we can all finally of an older attorney who furnished that dine inside. kind of support. . . . Being an attorney carries a great deal of responsibility and ASHLEY AKINS | YLD Newsletter Co-Editor stress. None of us knew how to do this How easy and convenient it was to see family and friends. job on day one, and some of us are still I look forward to catching up with everyone in-person in trying to figure it out. All of us would the coming weeks and months, though I will likely still be probably have been grateful for a compe- socially distancing for everyone’s safety. Virtual meetings tent, caring mentor, and those of us who and phone calls with friends are fun, but they do not were lucky enough to find one—even af- measure up to face-to-face hangouts. ter several years in the profession—can AUDREY B. BERGESON | YLD Newsletter Co-Editor testify as to how that experience made us I’m grateful for technology that supports remote work. better attorneys.” Fortunately, our organization had launched a teleworking The commitment of the mentors and policy in February. I was grateful then to skip the commute mentees to spend considerable time with two days per week, and I’m grateful now that the transition each other for discussions on the practice to remote work was made easier by having these policies already in place.

2020 JUNE 11 of law is not an easy one to fulfill for busy l Ethics and professionalism. attorneys. But the benefit for mentees is l Relationships with clients, other immeasurable, and serving as a mentor is lawyers (both in and outside the a great opportunity to “give back” and to firm), the judiciary and the public, participate in a program that rewards both including unrepresented parties. the more experienced member and the less l Professional work habits, or- experienced member—perhaps equally. ganizational skills and practice As Josh Viau, past chair of the Labor management. & Employment Law Section, which runs its own Mentorship Academy, said in a l Economics of practicing law in 2017 Bar Journal article, “The rewards are the relevant practice setting. mutual for the mentor and mentee. As l Responsibility and opportunities a mentor, not only do you get the satis- for pro bono work, bar activities faction of helping a new lawyer find his and community service. or her way, but the enthusiasm of the l Introduction to the local legal younger lawyers is contagious and revi- community. talizing for those of us who have been practicing for some time.” l Specific planning for professional In Georgia, the State Bar’s Transition development and continuing legal Into Law Practice Program, also known education in and outside the firm, as the “Mentoring Program,” is the con- company or organization. tinuing legal education requirement for l Emotional intelligence—financial Always stay all lawyers newly admitted to the State awareness, managing stress and Bar of Georgia, unless they have received wellness tools. connected. an exemption. l Periodic evaluation of the mentor/ According to its website, the core of the beginning lawyer relationship. program is to match beginning lawyers, Launched in early 2006, the Transition after admission to the Bar, with a mentor Into Law Practice Program is now a per- facebook.com/ during their first year of practice. The pro- manent program of the State Bar of Geor- statebarofgeorgia gram is essentially an educational program gia. Additionally, the Chief Justice’s Com- that combines a mentoring component with GeorgiaYLD mission on Professionalism developed a a CLE component that lays the groundwork mentoring program piloted by Georgia for and supports the mentoring component. members of the American Law Institute The purpose of the Transition Into Law in which seasoned lawyers volunteer to Practice Program is to equip every newly serve as mentors for students at Georgia’s admitted member of the State Bar with five law schools. The commission also as- meaningful access to an experienced law- sists the State Bar YLD, the Atlanta Bar yer equipped to teach the practical skills, Association, the Atlanta Jewish Federa- seasoned judgment and sensitivity to ethi- tion, the Cobb County Bar Association, cal and professionalism values necessary to the Georgia Association for Women Law- practice law in a highly competent manner. yers, the Georgia Indigent Defense Coun- The program was developed by, and is oper- cil, and other local and special constituen- ated under the auspices of the Standards of cy bar associations in the implementation the Profession Committee of the Commis- of mentoring programs in which veteran sion on Continuing Lawyer Competency. lawyers make themselves available to At a minimum, the mentoring plan newer lawyers for advice and counsel. must include the following key elements: In our own way, the YLD also provides l Regular contact and meetings be- mentors for our members. While YLD tween the mentor and beginning members cannot routinely be described lawyer. as “seasoned,” it is amazing what some- l Continuing discussions between the one who has been practicing law for five mentor and beginning lawyer on at months can learn from someone who has least the following topics: been practicing for five years.

12 GEORGIA BAR JOURNAL As a newly admitted young lawyer, I tors are always needed regardless of the to make this year’s Food Frenzy the tre- quickly looked up to and learned from length of one’s career. mendous success that it was, and it is an former YLD presidents like Darrell Sut- With the sun now setting on the amazing accomplishment that more than ton, Amy Howell and Damon Elmore as I 2019-20 Bar year, I would like to con- $700,000 was raised in a virtual food began to balance my career with my desire clude this article with a note of appre- drive in a span of two weeks. to become more involved in the State Bar ciation to all who have served in YLD It has been an honor to serve as your of Georgia. All three were willing to take leadership this year, especially during the YLD president this year, and I will miss time out of their busy schedules to meet unprecedented challenges brought on by this role when the 2020-21 Bar Year for coffee or breakfast, and all offered in- the COVID-19 public health emergency begins, but without a doubt, you will credibly reasoned and sound advice when and resulting economic crisis. Thank be served well by YLD President-Elect it came to balancing work and my clients you to all officers, directors and com- Bert Hummel, who will continue to against my potential Bar involvement. mittee chairs for their tireless work in move us forward during this uncertain Similarly, I remain in touch with keeping the momentum of our organiza- time. I am a proud Georgia lawyer, and most managing attorneys from firms tion moving since mid-March. Extra ap- I am proud of the work and opportu- where I previously worked. Although preciation goes to YLD Director Stepha- nities that the State Bar of Georgia I may have transitioned to new firms, nie Wilson for quickly adapting her role provides for its members. Our collec- the professional mentorship connec- and truly being there whenever I needed tive efforts serve to better our state, tions I established while there were anything. I give tremendous thanks to all our communities and our profession, not erased when I moved. I believe that those who donated to the Georgia Legal and my year as YLD president has only having a base of strong mentors that Food Frenzy, but especially to Morgan served to confirm what I already knew have worked with and supported you Lyndall and Veronica Rogusky, co-chairs about the State Bar of Georgia. Thank at all stages of your career is essential of our YLD Legal Food Frenzy Com- you for giving me the opportunity to to continued success as a lawyer. Men- mittee. They worked countless hours serve this year. l

GEORGIA BAR JOURNAL DIGITAL EDITION

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2020 JUNE 13 GBJ | From the Executive Director

Marva Jones Brooks: A Life Spent on the High Road

Growing up in a segregated America of reasons to feel this way. But foremost in the 1950s and 1960s, Marva Jones among them to me is that they were peo- Brooks overcame racial prejudice by prac- ple who lived the life they sang about in ticing a set of protocols her parents in- their songs. stilled in her and her two brothers. Those “My dad, a native of Alabama, was one included “show up on time,” “smile,” “be of the first black men to become a police- the best prepared person in the room” and, man in western Pennsylvania. And thus most of all, “always take the high road.” he was almost a surrogate mayor for his JEFF DAVIS As the first female and African-Ameri- people in a large section of the state. He can attorney for a major U.S. city govern- was an icon to many and taught all of us Executive Director ment and, later, as general counsel for the about integrity, fair play and decency. State Bar of Georgia 1996 Olympic Games Organizing Com- “My mother, a transplanted Georgian, [email protected] mittee, Brooks had a profound influence was one of the most intellectually curi- on the transformation of Atlanta from ous people I have ever known, and the a southern state capital to major inter- entire home was a reflection of that and This is the twelfth national destination and trade center by her Georgia roots. There were books ev- in a series of articles following those childhood instructions erywhere, book club meetings, lunch or highlighting the throughout her trailblazing career. dinner at the home with any interesting heroic and vital The daughter of one of Pennsylva- visitor, and endless trips into Pittsburgh contributions lawyers nia’s first African-American police of- to plays, concerts and museums and and judges have made ficers, Brooks was born and raised in the like.” to the American Civil Pittsburgh. Upon receiving the presti- From the 45 prestigious colleges that Rights Movement. gious Margaret Brent Women Lawyers offered Brooks a full scholarship, she of Achievement Award in 2007, Brooks chose Howard University in Washing- credited her upbringing with paving the ton, D.C. Calling it “the place of my way for her future success. dreams . . . to which I owe an enormous “I feel like I hit the jackpot being born debt,” Brooks said of Howard, “It too into the family of Henry and Mildred was a distinguished family I had longed Gordon Jones and their sons Henry and to become part of, and it surpassed those Duane,” Brooks said. “There are dozens long-held dreams I had about it. How-

14 GEORGIA BAR JOURNAL ard was a place where much was expect- ed from you, not only as a student, but professors constantly made it clear that you were to go forward from there and contribute to the uplift of your people and the world.” Graduating Phi Beta Kappa and magna cum laude from Howard in 1961, Marva Jones married Bill Brooks, and they started their family. In 1965, it was on to Harvard Law School, a place where at the time it was said female law students could be made by faculty mem- bers to feel like they were taking spaces that rightly belonged to men. It was a time of social upheaval and the begin- ning of removing gender barriers in the legal profession.

According to an Atlanta Business Chron- PHOTO FROM FACEBOOK.COM/PEOPLE/MARVA-JONES-BROOKS/1627423396 icle profile of Brooks, out of 525 first-year As the first female and African-American attorney for a major U.S. city govern- law students in Brooks’ class at Harvard, 17 ment and, later, as general counsel for the 1996 Olympic Games Organizing Committee, Brooks had a profound influence on the transformation of or 18 were women and 15 were African- Atlanta from a southern state capital to major international destination and American. Despite her mother’s warnings trade center. to the contrary, Brooks became politically active while in law school, taking part in day had I not had the tremendously good Jackson put Brooks in charge of his anti-war protests in Washington. Trav- fortune to become the lawyer for the late revolutionary initiatives dictating that eling to Mississippi for voter registration Maynard Jackson. He was the legendary companies receiving city contracts had drives and election poll monitoring, she mayor of Atlanta who was elected at the to have a certain number of minority stayed in a “dangerous county” with a fam- age of 35 and blew through Atlanta like employees or an affirmative action plan. ily whose yard had been attacked with a a tsunami with me in his wake, trying to Brooks told the Atlanta Business Chronicle cross burning shortly before her arrival. take care of the legal details.” that for integrating South Africa’s busi- In 1968, after becoming one of the first It signaled a new era in big-city lead- ness sector after apartheid, Nelson Man- African-American women to earn a J.D. ership for both professional women and dela used as a model the Jackson adminis- degree from Harvard, Brooks began her African-Americans. Partially because tration’s successful directives in the “city career with Pfizer’s Law Department in Jackson’s mother and five aunts were all too busy to hate.” New York. She would later move to At- graduates of Spelman College, Brooks “There’s been a spirit in Atlanta that’s lanta and was admitted to the State Bar of said, “Maynard had no problem break- been very progressive,” Brooks said. “For Georgia in 1974. She joined the admin- ing with tradition and appointing me 25 years, there’s been a wonderful rap- istration of Mayor Maynard Jackson, the and other females to positions that had port between the black leadership and first African-American to lead a major only been held by men in every city in the civic leadership.” southern city, and became city attorney America. With the blessing and encour- But it was also Atlanta’s era of miss- in 1980. aging first of Maynard and then Andrew ing and murdered children, a terrorizing “Of course, it goes without saying that Young, when he became mayor, I was killing spree from 1979 through 1981 that anyone fortunate enough to earn a Har- able to hire the largest number of female claimed 29 young African-American lives. vard Law degree should be forever indebt- assistants anywhere, and it is one of the Working in the mayor’s office, Brooks ed to a place that opens so many doors,” delights of my life that they have all gone learned that out of frustration over the un- Brooks said. “There is no doubt, however, to such outstanding careers in the public solved , Atlanta police were consid- that I still would not be standing here to- and private sectors.” ering the use of what she called “question-

2020 JUNE 15 After Atlanta was awarded the Centen- nial Olympic Games, she was named as general counsel of its Organizing Com- mittee. Over the next decade, according to “I grew up in a segregated America, as a the ABA award presentation, “She did fact- finding at Barcelona’s Olympic Games, black girl in the ‘50s and ‘60s. And though I held six years of dawn and midnight plan- had the audacity to hope and dream that I ning meetings and proudly carried the Olympic Torch through her hometown.” could make it in a profession where almost The 1996 Olympics left Atlanta with no nobody looked like me, it took scores of financial burden and even delivered a sur- plus. When her Olympic tasks were done, people along my journey to make that dream Brooks became board chair of the National come true.” —Marva Jones Brooks Conference of Board Examiners. Reflecting on her remarkable career, Brooks said, “I grew up in a segregated America, as a black girl in the ‘50s and ‘60s. And though I had the audacity to hope and dream that I could make it in a profession where almost nobody looked like me, it took scores of people along my able investigative tools.” Despite being a journey to make that dream come true.” young attorney, Brooks laid down the law Overtis Hicks Brantley was hired and for the seasoned police officers: the only mentored by Brooks in Atlanta’s law way that they could protect their case was department in 1983. In 2010, Brantley to inform her every single day of - recalled, “As I navigated my career in solving planning so that she could vet the political arena, I was often guided its legality. by the single thought of ‘what would “When the accused was brought to jus- Marva do?’” tice,” the ABA stated in presenting Brooks Another former Atlanta mayor, Shir- the Margaret Brent Award, “Atlanta police ley Franklin, had known Brooks since were widely praised for outstanding pro- Maynard Jackson’s political campaigns of fessionalism—traceable directly to Marva the 1970s. Franklin, who was the city’s Brooks’ leadership, respect for the law and chief administrative officer when Brooks inviolate commitment to the high road.” was city attorney, told the Atlanta Business When Andrew Young succeeded Jack- Chronicle, “She always looked for ways to son as mayor, Brooks stayed on as city advance public policy that would serve the attorney. In 1987, she was given the as- broadest group of people in the commu- signment of ensuring that every detail of nity, as opposed to just finding the right Atlanta’s bid for the 1996 Olympic Games answer.” Franklin added that Brooks was was on solid legal ground. always “four, five or six steps” ahead of ev- Brooks left for the private sector in eryone else—proof that it always helps to 1990, joining Arnall Golden Gregory take the high road. l LLP, which later established the Marva Jones Brooks Summer Internship in Thanks to Linton Johnson, media consul- her honor. The internship is awarded tant to the Bar, for his assistance in research- to young minority women and men cur- ing and drafting this article. These articles are rently in high school who have shown an in support of the Arc of Justice Institute and its interest in pursuing a legal education and Hidden Legal Figures project. For more infor- becoming attorneys. mation, visit onthearc.net.

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GBJ | The Legal

An Overview of Ultimate Issue Evidence

Attorneys and judges must be clear on the current Rules of Evidence and the case law that interprets them. If not . . . attorneys and judges “risk obtaining reversible evidence rulings from trial courts.” BY BRETT M. ADAMS

On Jan. 1, 2013, Georgia saw an overhaul of its Evidence Code. Georgia adopted, almost wholesale, the Federal Rules of Evidence in that overhaul.1 Many, if not most, of the Rules of Evidence that the majority of lawyers had employed were altered. Some changes were subtle, while others were more drastic. We are now more than seven years out from that Evidence Code, and multiple graduating law school classes have never known anything but the current Evidence Code. Yet, there are still some law- yers in Georgia who have not acquainted themselves with the “new” Code and continue to hold onto the old rules.2 Indeed, it seems at this point silly to call it the “new” Evidence Code after seven years. Judges have also been guilty of not fully applying the cur- rent Code of Evidence.3 It is our obligation, as lawyers and judges, to stay abreast of the Evidence Code. The justices of the Supreme Court of Georgia are clearly becoming

GETTYIMAGES.COM/POL_1978 tired of having attorneys cite case law interpreting

2020 JUNE 19 the former Evidence Code and failing to that go to the ultimate issue. Second, this cite the current Rules of Evidence and article will draw attention to how the Su- the resulting case law progeny. Even the preme Court of Georgia and the Court Court of Appeals of Georgia appears to of Appeals of Georgia have interpreted have, on occasion, inadvertently forgot- § 24-7-704, and what caveats exist in re- ten Justice Nahmias’s cautioned reproach gards to the statute. Finally, this article when it comes to ultimate issue evidence.4 will provide suggestions for attorneys on As Justice Nahmias cautioned in Davis v. how to be aware of ultimate issue opin- State, and as Justice Warren had to repeat ions and inferences and how to avoid pit- in March 2019: falls in objecting to such opinions.

Georgia lawyers do this Court no fa- vors—and risk obtaining reversible Brief History evidence rulings from trial courts— Before 2013, there was no Georgia statu- when they fail to recognize that we are tory rule regarding ultimate issue. Instead, all living in a new evidence world and the rule regarding ultimate issue evidence are required to analyze and apply the came to the Georgia courts by way of the new law. . . . We trust that this short- common law, and was therefore a rule coming will not be repeated in future crafted and altered by the courts. The tra- cases coming to this Court.5 ditional rule regarding ultimate issue was that “a may not express his opin- One such rule that saw a drastic change ion as to an ultimate fact, because to do so is the Ultimate Issue Rule in O.C.G.A. would invade the province of the jury.”7 § 24-7-704, which until 2013 had been Because the rule regarding opinion ev- guided by case law.6 idence relating to the ultimate issue came Ultimate issue evidence answers the from the common law, there were excep- legal or factual issue at stake, such as the tions that had been created and crafted by elements of a crime in or the appellate courts. For example, “Expert liability in a civil suit. The change from opinion on issues to be decid- the former Georgia Evidence Code is so ed by the jury, even the ultimate issue, is drastic that it is important to know what admissible where the conclusion of the the current law says. expert is one which jurors would not or- This article first seeks to lay out what dinarily be able to draw for themselves; O.C.G.A. § 24-7-704 allows and does not i.e., the conclusion is beyond the ken of allow regarding opinions and inferences the average layman.”8 The Supreme Court of Georgia it- self had already started to tear down the walls that excluded opinions and infer- ences on ultimate issue by the time that an Ultimate Issue Rule was codified, and the Court itself considered adopting the federal rule regarding ultimate issue. Ultimate issue evidence answers the legal or As far back as Smith v. State in 1981, the factual issue at stake, such as the elements Supreme Court of Georgia considered its adoption.9 The Court held, “Expert of a crime in criminal law or liability in a opinion testimony on issues to be decid- civil suit. ed by the jury, even the ultimate issue, is admissible where the conclusion of the expert is one which jurors would not or- dinarily be able to draw for themselves; i.e., the conclusion is beyond the ken of the average layman.”10 With the current Code of Evidence, the common law rules relating to ulti- mate issue were put aside in favor of a

20 GEORGIA BAR JOURNAL statutory approach, and attorneys and Ultimate Issue Under the not specifically about the defendant. It judges must look to post-2013 Georgia Current Evidence Code is important to note that a lay witness is cases and federal case law for an under- As stated, the statute is exceedingly broad. still able to testify about whether an act standing in how to interpret the statu- As a result, an opinion or inference, as was intentional or accidental, because the tory rule.11 The current rule, found at long as it is otherwise admissible, is only witness is not an expert. The Supreme O.C.G.A. § 24-7-704 and modeled on objectionable if 1) it is offered in a crimi- Court of Georgia in Mack v. State25 found Federal Rule of Evidence 704,12 is exceed- nal proceeding; 2) it is an that comments in a video by a lay wit- ingly broad. The statute provides: testifying; 3) the opinion or inference ness (the lead detective) about whether relates to whether the accused/defendant a shooting was accidental were allowed (a) Except as provided in subsection (b) had the requisite mental state or condi- under O.C.G.A. § 24-7-704, because said of this Code section, testimony in the tion; and 4) said mental state or condition comments were made by a lay witness and form of an opinion or inference other- is an element of the crime or defense to not an expert.26 wise admissible shall not be objection- the crime.19 These are elements, not fac- There are some important ways that able because it embraces an ultimate tors, that a must consider. The Su- this statute affects attorneys in the court- issue to be decided by the trier of fact. preme Court of Georgia has been literal in room. Identification is an example. Tra- looking at ultimate issue cases. ditionally, identification was considered (b) No expert witness testifying with Hence, the Supreme Court of Georgia within the province of the jury, with a respect to the mental state or condition found in Eller v. State that “[w]hether the few exceptions.27 In Thompson v. State,28 of an accused in a criminal proceeding accused committed an intentional act to the Supreme Court of Georgia upheld shall state an opinion or inference as harm the victim is a different question than testimony from a law enforcement officer to whether the accused did or did not whether someone likely committed an in- when the officer identified the defendant have the mental state or condition tentional act to harm the victim.”20 In Eller, in a surveillance video committing the constituting an element of the crime the Georgia Bureau of Investigation chief crime. The Court found that the detec- charged or of a defense thereto. Such medical examiner, tendered by the state as tive’s statements that “I saw you get into ultimate issues are matters for the trier an expert, testified that the gunshot inju- . . . the truck” and “you actually touched of fact alone.13 ries sustained by the victim were inconsis- right there near the handle at the bottom tent with the Defendant’s claim of accident and I couldn’t tell if you had a screwdriver Although with the enactment of and justification because of the patterns of in your hand or what was in your hand, O.C.G.A. § 24-7-704, a rule has been the wounds, the wounds themselves and but I have to admit you were very good promulgated regarding ultimate issue other forensic evidence.21 at it, you got into that truck within four opinion testimony, many attorneys and The Supreme Court of Georgia found seconds” were “too clever by half, but they judges are apparently unaware of its ex- that, to be objectionable, the opinion has did not violate the ultimate issue rule in istence.14 Further complicating the mat- to be specifically about the defendant’s the new Evidence Code.”29 This is consis- ter is the fact that there are only so many state of mind or condition, not simply tent with the U.S. Court of Appeals for the cases that can fill the Georgia appellate that someone (even though it’s a category Eleventh Circuit’s interpretation, which courts’ dockets, and the Supreme Court into which the defendant naturally falls) has allowed lay witness opinions that the of Georgia has recognized that there re- had that state of mind or condition.22 The person in a tendered photograph was the mains “work to do in interpreting the Court reiterated this strict adherence to defendant.30 Another example is that tes- new Code.”15 With regard to ultimate is- the letter of the statute in Wade v. State, timony regarding the credibility of victims sue, the Supreme Court of Georgia likely holding that a physician expert’s opinion and witnesses does not violate O.C.G.A. does have some work ahead. As of the and a medical examiner’s opinion that the § 24-7-704, when properly phrased.31 date of writing, there are only 22 Georgia victim’s injuries were “nonaccidental” did Section 24-7-704 is, of course, not cases that cite O.C.G.A. § 24-7-704.16 Of not violate § 24-7-704.23 Instead, the two solely relevant to criminal law attorneys. those, only seven refer to the statute to experts’ opinions “concerned the nature of Attorneys who practice civil law and deal state that it is the new relevant statute, the injuries inflicted on the victim, not the with non-criminal matters must also because the case was decided under the mental state of the defendant.”24 Opinion contend with § 24-7-704. Expert opin- “old” rules of evidence, and does not itself evidence on whether the accused com- ion on whether termination is in the best make any rulings affecting § 24-7-704.17 mitted an intentional act to harm is not interests of the child is allowed under Furthermore, of the remaining 15 cases, allowed, because it specifically involves § 24-7-704.32 In the realm of civil litiga- the Court does not reach ultimate issue in the accused (assuming the other elements tion, however, the Court of Appeals of six of them and decides the case on other numbered above are also met). However, Georgia has (lightly) tapped the brakes grounds.18 As a result, only nine Georgia opinion and inferences relating to the in- regarding the broad scope of § 24-7-704. cases provide any information on the ap- in general and whether a person in In Clayton County v. Segrest,33 the court es- pellate courts’ interpretation of O.C.G.A. general likely committed an intentional sentially differentiated between testimony § 24-7-704. act to harm are allowed, because they are regarding fact and testimony regarding le-

2020 JUNE 21 gal standards. The court carefully parsed of the ultimate issue rule does not lower Daubert standard. O.C.G.A. § 24-7-701 § 24-7-704, and ruled that “an expert may the bars so as to admit all opinions.”43 As a governs lay witness opinions, and lay wit- not merely tell the jury what result to result, attorneys and judges should ensure ness opinions must therefore be rationally reach and may not testify to the legal im- that the opinion evidence is “otherwise based upon the perception of the witness, plications of conduct.”34 The federal courts admissible” in the first place.44 O.C.G.A. helpful to the jury in understanding that reach this result as well.35 In essence, al- § 24-7-704 deals with objections on the witness’s testimony or an issue, and not though an expert witness may be able to sole ground of ultimate issue. If there are be within the scope of an expert under invade the province of the jury by giving other grounds or objections to be made, O.C.G.A. § 24-7-702.47 an opinion, it may not invade the province then the evidence or testimony might still In addition, attorneys should pay care- of the judge by giving a legal conclusion.36 be improper to tender and admit. There ful attention to the phrasing of their ques- Although ultimate issue often presents may be, for example, hearsay objections tion and the phrasing of the witness’s an- itself as an outright opinion from a wit- or Confrontation Clause issues to address. swer, because of the concern mentioned ness, O.C.G.A. § 24-7-704 also includes Objections to bolstering and improperly earlier regarding legal conclusions and inferences. Grier v. State37 addressed the attacking the credibility of a witness under standards. There is a marked difference use of inferences in relation to § 24-7-704. O.C.G.A. § 24-6-608 can still lead to the between asking a witness, “‘Did T have Two lay witnesses stated their belief that exclusion of opinion evidence. capacity to make a will?’ . . . [and] ‘Did the defendant must have been the one In addition, all evidence, including T have sufficient mental capacity to who killed the victims, based upon their ultimate issue opinion and inference know the nature and extent of his prop- observation that the defendant was with evidence, must adhere to the most basic erty and the natural objects of his bounty the victims before they were killed and admissibility rules, including O.C.G.A. and to formulate a rational scheme of knew that the defendant had said that he §§ 24-4-401 and 24-4-402 (relevant distribution?’”48 The former would not “offed them boys.” Because the inference evidence), § 24-4-403 (probative value be allowed, as it embraces a legal conclu- was otherwise admissible lay opinion cannot be substantially outweighed by sion, whereas the latter would be admis- under O.C.G.A. § 24-7-701, and because its prejudicial impact) and § 24-4-404 sible under § 24-7-704. In a criminal trial, these were lay witnesses and not experts, (character evidence), and the remaining it would be inadmissible to ask the victim § 24-7-704(b) did not apply to the infer- statutes under Chapter 4 of the Evidence whether the defendant committed armed ence, and the inference was allowed.38 Code. Attorneys can analogize ultimate robbery. It would, however, be admissi- Another example is found in Thornton v. issue opinion and inference evidence to ble to ask the victim whether a defendant State,39 where a detective stated that the that of hearsay. Just because there is an pointed a gun at the victim and took an defendant “was the only person shown exception to the rule against hearsay does item of value from the victim’s immedi- on the video who was standing in a posi- not mean that the statement is admis- ate presence. Carlson’s evidence treatise tion to shoot through the rear driver’s- sible if it violates another rule, such as cautions against asking questions which side window.”40 Because that testimony authentication of a document on which track “the language of an applicable stat- was otherwise admissible under O.C.G.A. the hearsay is found.45 So, too, simply be- ute and use[] terms that have specialized § 24-7-701, it was not barred simply cause opinion testimony is allowed under legal meanings that are more precise than because of the fact that it addressed an § 24-7-704 does not mean that an attor- their lay understanding.”49 For a criminal ultimate issue.41 ney’s or a judge’s analysis stops. Rather, example, Carlson writes that “it would an attorney may make other objections seem to be improper for a mental health to the admission of such evidence. In ad- expert to conclude: ‘The patient did not Practicing Under dition, judges, before ruling on opinion have the mental capacity to be criminal- O.C.G.A. § 24-7-704 and inference evidence that addresses an ly responsible under O.C.G.A. 16-3-2.’ As of this writing, Georgia appellate ultimate issue, should ensure that there However, an expert can describe condi- courts have almost universally allowed the are no other objectionable materials that tions and delusional compulsions suffered ultimate issue opinion or inference under would otherwise bar the testimony. by the patient.”50 Generally speaking, the O.C.G.A. § 24-7-704, with the biggest Furthermore, expert opinions are still problem arises when the question ceases exception being Clayton County v. Segrest. governed by O.C.G.A. §§ 24-7-702 and to ask about facts and instead asks about a It is also apparent from the already-dis- 24-7-703. As a result, the Eleventh Cir- technical and legal term of art that a lay cussed cases, as well as Supreme Court of cuit has found that for an expert opinion juror would not understand. Georgia precedent, that § 24-7-704 should to be admissible under Federal Rule of It is easy to become complacent with be applied literally.42 Evidence 704, it must be helpful to the our knowledge of the Evidence Code. We There are several pitfalls of which at- jury (i.e., relevant under Federal Rule of can often think that we know that some torneys and judges should be mindful. The Evidence 401) and “must be based on ad- rule exists, or some evidence is allowed, Advisory Committee Note for Federal Rule equately explored legal criteria.”46 Expert but not in fact be aware of what the Evi- of Evidence 704 cautions, “The abolition opinions, as always, should still meet the dence Code actually says on the matter.

22 GEORGIA BAR JOURNAL Even worse, simply searching for case law the citizens of Douglas County, he 7. Fordham v. State, 254 Ga. 59, 59, 325 on the topic can prove just as fatal. A search prosecuted felony cases in the Coweta S.E.2d 755, 756 (1985); accord Butler v. of cases citing “ultimate issue” is not going Judicial Circuit, including handling State, 292 Ga. 400, 405, 738 S.E.2d 74, to reveal what the actual law currently is in some of the conflict cases assigned to 80-81 (2013) (citing Axelburg v. State, 294 Ga. App. 612, 616, 669 S.E.2d 439, Georgia regarding that topic. In all issues it from other jurisdictions. Adams has been practicing law since 2015. 444 (2008)). involving the Rules of Evidence, our first 8. Smith v. State, 247 Ga. 612, 619, 277 stop as attorneys and judges should be the S.E.2d 678, 683 (1981); accord, e.g., statute itself and the language of the Geor- Endnotes Metro. Life Ins. Co. v. Saul, 189 Ga. 1, 9, gia General Assembly. 1. 2011 Ga. Laws p. 99. 5 S.E.2d 214, 221 (1939). 2. See, e.g., Smith v. State, 299 Ga. 424, 436, 9. Smith, 247 Ga. at 615, 277 S.E.2d at 680. 788 S.E.2d 433, 442 (2016) (“Although 10. Id. at 619, 277 S.E.2d at 683. The Court The End Result this case was tried under the new added, “This holding is in accord with There are aspects of the Evidence Code Evidence Code, the parties have cited the modern view as exemplified by that elude attorneys in Georgia. We are only cases . . . decided under the old Rules 702, 704 of the Federal Rules of no longer under a new Evidence Code. Evidence Code. Neither party cites Evidence . . . .” 11. Mack v. State, 306 Ga. 607, 609, 832 Instead, we are simply under an Evidence the pertinent provisions of the new S.E.2d 415, 417-18 (2019). Code. That Code of Evidence promulgated Evidence Code, the parallel provisions of the Federal Rules of Evidence, or a single 12. Fed. R. Evid. 704 provides: a rule on how to address testimony and (a) In General—Not Automatically evidence that deals with ultimate issue evi- case interpreting the federal or new state rules.”). See also Davis v. State, 299 Ga. Objectionable. An opinion is not dence. Specifically, an attorney cannot ob- 180, 192, 787 S.E.2d 221, 232 (2016) objectionable just because it embraces an ject to a lay witness opinion on the ground (appellant failed to cite one of the two ultimate issue. that it speaks on an ultimate issue. Further, applicable new Evidence Code sections, (b) Exception. In a criminal case, an an attorney cannot object to an expert wit- prosecutor failed to cite either section, expert witness must not state an opinion ness opinion on the ground that it speaks and both failed to cite case law under about whether the defendant did or did on an ultimate issue unless the opinion 1) new Evidence Code or Federal Rules of not have a mental state or condition is offered in a criminal proceeding; 2) is the Evidence). that constitutes an element of the crime charged or of a defense. Those matters expert witness’s opinion; 3) the opinion or 3. State v. Jones, 297 Ga. 156, 159 are for the trier of fact alone. inference relates to whether the accused/ n.2, 773 S.E.2d 170, 173 n.2 (2015) (“Although the Court of Appeals 13. O.C.G.A. § 24-7-704 (2019). defendant had the requisite mental state or 14. Even in a 2020 decision, the Court of condition; and 4) said mental state or con- recognized the applicability of the new Georgia Evidence Code, it overlooked Appeals in Georgia stated, “We note dition is an element of the crime or defense O.C.G.A. § 24-4-401’s definition of that the State argued at times that the to the crime. Even with this broad scope ‘relevant evidence’ and mistakenly expert could not base his opinion on of allowable ultimate issue opinion, how- applied a definition applicable in cases hearsay evidence or give an opinion that ever, there are still evidentiary bars to the tried prior to the new Code’s effective related to the ultimate issue in the case. admission of such testimony. Namely, any date.”). In this respect, the State was incorrect. other objectionable ground for evidence is 4. See, e.g., Carr v. State, 350 Ga. App. See O.C.G.A. §§ 24-7-703; 24-7-704.” allowable against ultimate issue testimony. 461, 829 S.E.2d 641 (2019) (Court Hambrick v. State, 353 Ga. App. 666, 676 n.9, 2020 Ga. App. LEXIS 31, at Lawyers should turn their focus, generally of Appeals of Georgia failed to cite **20 n.9 (2020), petition for cert. filed, speaking, away from the question of “is O.C.G.A. § 24-7-704, or any case law concerning said statute, and instead (Ga. Mar. 2, 2020). this ultimate issue opinion admissible” to 15. Chrysler Group, LLC v. Walden, 303 “what other objections can I raise to this opted to cite pre-2013 case law regarding ultimate issue), cert. denied, Ga. 358, 358, 812 S.E.2d 244, 247 (2018). opinion testimony.” No. S19C1422, 2020 Ga. LEXIS 15 16. There are other cases that address Attorneys and judges must be clear on (Ga. Jan. 13, 2020). ultimate issue questions, but that do the current Rules of Evidence and the case 5. Davis, 299 Ga. at 192, 787 S.E.2d at not cite the new statute. These cases law that interprets them. If not, as Jus- 232; accord Beck v. State, 305 Ga. 383, involve pre-2013 trials. See, e.g., Batten tice Nahmias has warned, attorneys and 386 n.3, 825 S.E.2d 184, 187 n.3 (2019) v. State, 295 Ga. 442, 761 S.E.2d 70 judges “risk obtaining reversible evidence (quoting Davis). (2014); Dyer v. State, 295 Ga. 173, 758 S.E.2d 301 (2014) (which is specifically rulings from trial courts.”51 l 6. Percell v. State, 346 Ga. App. 219, 224, 816 S.E.2d 344, 350 (2018) (“The new mentioned as being decided under the Evidence Code eliminates the former old Evidence Code in Smith v. State, 302 Ga. 207, 210-11 & n.2, 805 S.E.2d Brett M. Adams is an ultimate issue rule ‘except as to certain 835, 838 & n.2 (2017)); Chandler v. assistant district attorney expert witness testimony’ as set out in State, 320 Ga. App. 516, 740 S.E.2d 256 with the Douglas Judicial O.C.G.A. § 24-7-704 (b)”) (quoting State (2013). There are also cases that refer Circuit, where he prosecutes v. Cooper, 324 Ga. App. 32, 34 n.1, 749 to ultimate issue, but do not actually felony cases. Prior to serving S.E.2d 35, 37 n.1 (2013)).

2020 JUNE 23 address ultimate issue. See, e.g., Smith in light of other evidence of intent, proffered by defendant to bolster his v. State, 342 Ga. App. 656, 662-63, 805 including the victim’s testimony that testimony was inadmissible under Fed. S.E.2d 251, 256-57 (2017) (dealing with Percell intended to strike her vehicle, R. Evid. 608). an expert who testified on an ultimate and the court’s instructions to the 32. In re R.S.T., 345 Ga. App. 300, 309, 812 issue, but only addressing the issue of jury”); Taylor v. State, 334 Ga. App. S.E.2d 614, 622 (2018). the admissibility of the expertness of 12, 13, 778 S.E.2d 26, 27 (2015) (“even 33. 333 Ga. App. 85, 775 S.E.2d 579 (2015) the testimony itself and not whether it assuming for the sake of argument that (physical precedent only). is allowable as an ultimate issue). it was error to allow the testimony, 34. Id. at 91, 775 S.E.2d at 584-85. 17. See Smith v. State, 302 Ga. 207, 805 such error was harmless because 35. See, e.g., Torres v. Cty. of Oakland, 758 S.E.2d 835 (2017); Pyatt v. State, 298 it is highly probable that it did not F.2d 147, 150 (6th Cir. 1985) (quoting Fed. Ga. 742, 784 S.E.2d 759 (2016); Saffold contribute to the verdict in light of R. Evid. 704 advisory committee’s note). v. State, 298 Ga. 643, 784 S.E.2d 365 the overwhelming evidence of guilt, 36. Segrest, 333 Ga. App. at 91, 775 S.E.2d (2016); Walls v. Walls, 291 Ga. 757, including Taylor’s oral and written at 584-85 (citing Montgomery v. Aetna 732 S.E.2d 407 (2012), overruled in admissions to the charged offense.”). Cas. & Sur. Co., 898 F.2d 1537, 1541 part on other grounds by McCarthy v. 19. O.C.G.A. § 24-7-704(b) (2019). The (11th Cir. 1990) (holding, inter alia, that Ashment-McCarthy, 295 Ga. 231, 233 Court of Appeals of Georgia has ruled “the court must be the jury’s only source n.1, 758 S.E.2d 306, 308 n.1 (2014); that “the statute applies to all criminal of law.”)). Gibbs v. State, 340 Ga. App. 723, 798 proceedings, not just those in which 37. 305 Ga. 882, 828 S.E.2d 304 (2019). S.E.2d 308 (2017), aff’d, 303 Ga. 681, a defendant’s competency is at issue.” 38. Id. at 886, 828 S.E.2d at 308. 813 S.E.2d 393 (2018); Wright v. State, Percell, 346 Ga. App. at 224, 816 S.E.2d 39. 307 Ga. 121, 834 S.E.2d 814 (2019). 327 Ga. App. 658, 760 S.E.2d 661 at 350 (citing Eller v. State, 303 Ga. 40. Id. at 123, 834 S.E.2d at 818. (2014); State v. Cooper, 324 Ga. App. 373, 381-82, 811 S.E.2d 299, 307 41. Id. at 128, 834 S.E.2d at 821. 32, 749 S.E.2d 35 (2013). (2018)). 42. See, e.g., N.E. Atlanta Bonding Co. 18. See Morgan v. State, No. S19A1261, 20. Eller, 303 Ga. at 383, 811 S.E.2d at 308. v. State, 308 Ga. App. 573, 577, 707 2020 Ga. LEXIS 102, at *6, 838 S.E.2d 21. Id. at 377, 811 S.E.2d at 304. S.E.2d 921, 925 (2011) (“when we 878 (Ga. Feb. 10, 2020) (“We need not 22. Id. at 383, 811 S.E.2d at 308. search for this [of the General decide, however, whether the exclusion 23. 304 Ga. 5, 10, 815 S.E.2d 875, 881 Assembly], we always must presume of the psychologist’s statement of (2018). that the General Assembly means what opinion was error because, even if 24. Id. at 11, 815 S.E.2d at 881. it says and says what it means”); see it were, any error was harmless and 25. 306 Ga. 607, 832 S.E.2d 415 (2019). also, e.g., Opensided MRI of Atlanta, would not warrant reversal.”); Morton 26. Id. at 609-10, 832 S.E.2d at 418. LLC, v. Chandler, 287 Ga. 406, 407, v. State, 306 Ga. 492, 497, 831 S.E.2d 27. See Smith v. State, 247 Ga. 612, 615, 277 696 S.E.2d 640, 641 (2010) (“When a 740, 746 (2019) (“With regard to S.E.2d 678, 680 (1981) (citing traditional statute contains clear and unambiguous Morton’s O.C.G.A. § 24-7-704 (b) rule). language, such language will be given claim, and pretermitting the question 28. 304 Ga. 146, 816 S.E.2d 646 (2018). its plain meaning and will be applied of whether Sergeant Brandle actually 29. Id. at 153, 816 S.E.2d at 653. accordingly.”). opined as to Morton’s mental state on 30. United States v. Pierce, 136 F.3d 770, 43. Fed. R. Evid. 704 advisory committee’s the drug charges, Morton cannot show 774 (11th Cir. 1998) (analyzing issue note. plain error.”); Taylor v. State, 303 Ga. under Fed. R. Evid. 701). 44. O.C.G.A. § 24-7-704(a) (2019). 225, 228, 811 S.E.2d 286, 290 (2018) 31. Dority v. State, 335 Ga. App. 83, 91, 45. See, e.g., Hungry Wolf/Sugar & Spice, (“Pretermitting whether the statements 780 S.E.2d 129, 139 (2015). In Dority, Inc. v. Langdeau, 338 Ga. App. 750, 753, about which [appellant] complains the State played an interview for the 791 S.E.2d 850, 852 (2016). would have been inadmissible under jury between a detective and defendant, 46. Haney v. Mizell Mem’l Hosp., 744 F.2d either of these statutes [O.C.G.A. wherein the detective “commented 1467, 1474 (11th Cir. 1984). §§ 24-4-403 & 24-7-704], she fails to on the credibility of the victim, gave 47. O.C.G.A. § 24-7-701(a) (2019). prove the third prong of the plain his opinion that M. D. had not been 48. Fed. R. Evid. 704 advisory committee’s error test.”); Hambrick, 353 Ga. App. coached, made comments that invaded note. at 676, 2020 Ga. App. LEXIS 31, the province of the jury, and gave 49. Ronald L. Carlson & Michael Scott at **19-20 (“What the trial court his opinion that something definitely Carlson, Carlson on Evidence: prohibited was the expert’s testimony happened to the child.” Id., 780 S.E.2d Comparing Georgia and Federal Rules about the contents of the police reports at 139. This testimony did not violate (6th ed. 2018) at 423 (citing Nat’l Ass’n [and not on the basis of it going to the O.C.G.A. § 24-7-704. Id. at 93, 780 of the Deaf v. Dist. Hosp. Partners, L.P., ultimate issue].”); Percell v. State, 346 S.E.2d at 140. But see O.C.G.A. § 24-6- 2016 U.S. Dist. LEXIS 13670 (D.D.C. Ga. App. 219, 225, 816 S.E.2d 344, 350 608 (relating to bolstering); see also, Feb. 4, 2016)). (2018) (“Pretermitting whether counsel e.g., United States v. Warner, No. 50. Id. at 426. should have objected to this testimony 1:13-CR-00139-CAP-JFK-1, 2013 U.S. 51. Davis v. State, 299 Ga. 180, 192, 787 for violating O.C.G.A. § 24-7-704 Dist. LEXIS 186862, at *19-25 (N.D. S.E.2d 221, 232 (2016). (b), we find any error to be harmless Ga. Oct. 22, 2013) (polygraph evidence

24 GEORGIA BAR JOURNAL Wherever you are, stay updated at gabar.org. GBJ | Feature

Transitioning into Practicing Law Virtually

The legal profession as a whole has been faced with redefining the parameters by which we work, going from mostly in-person activity to mostly online.

BY KELLYN O. MCGEE GETTYIMAGES.COM/CHRISTIAN HORZ

As the world changed quickly earlier old laws and rules. We all quickly—or A Year From Now, What? this year, so did our profession. On March maybe not so quickly—stepped aboard The unanswerable questions: How will 13, the State Bar’s offices closed for what the learning curve of how to keep legal the practice of law look in a year for those would be an unknown length of time and business going, primarily through video- who now hold provisional licenses and within three days many of the staff began conferencing. Procedures and policies the rest of us? Will some of the changes telecommuting from home. The State were altered to allow courts to hear mo- our executive and judicial bodies have Bar was not alone in its sudden recalibra- tions, mediations to continue, the Board temporarily ordered remain? tion of what “going to the office” meant. of Governors to meet and CLE programs A bill in the Georgia House of Rep- The legal profession as a whole was faced to be offered via online venues. Dead- resentatives allowing the use of remote with redefining the parameters by which lines were extended, the July Bar Exam notarization in certain situations did not we work. rescheduled and provisional licenses pass during the 2019-20 session. Maybe By March 31, the Supreme Court of granted to recent law school graduates. it will during the next session as we see Georgia issued orders declaring a judi- We learned how to conduct legal whether the temporary allowance works. cial state of emergency, amending rules business virtually, particularly within In her article, “‘Wet’ Ink Signatures Re- for the state’s trial and appellate courts, the confines of the Rules of Professional quirements May Fade After Coronavi- temporarily allowing lawyers to earn all Conduct. We know that Alexa (the de- rus,” Melissa Heelan Stanzione, reporter of their CLE hours via online courses vice and our family member) could be for Bloomberg Law, states that “[b]efore and suspending the requirement that an listening and Zoom may be recording. coronavirus, 23 states allowed remote on- attorney must be physically present dur- We were admonished to keep the pro- line notarization. Now, at least 19 states ing real estate transactions. The governor fession professional—yes, judges expect have enacted emergency, short-term issued executive orders allowing remote attorneys to dress and appear properly measures to enable RON.” notarization and attestations, as well as for virtual court, which includes putting The question of allowing electronic mandating statewide sheltering in place. on shirts and perhaps not attending a signatures has also risen. We require In a matter of a few weeks the legal pro- hearing by a pool. By now, though, we “wet” signatures on certain documents fession went from mostly in-person activ- have become (mostly) used to virtually for authenticity and veracity, but that re- ity to mostly online. practicing law and are likely less frustrat- quirement could be reconsidered in some The transition has not been easy, par- ed by the glitches that come with using instances. Stanzione states that the “ben- ticularly when confronted with decades- new-to-us technology. efits of using eSignatures instead of wet

26 GEORGIA BAR JOURNAL signatures in the age of COVID-19 ‘far Bar associations, sections or commit- outweigh the negatives’ [quoting Con- tees can also offer virtual networking nor Jackson, of the national firm Jackson sessions via videoconferencing. In April, LLP]. The wet signature requirement, that Sonja N. Brown, deputy chief assistant Find your a document be signed in-person and with district attorney for DeKalb County, ink, could see its demise as social distanc- taught a virtual Zumba class for five lo- people. ing practices take hold across the globe. . . .” cal and national bar associations. Attor- We will be faced with deciding if the neys can use online platforms not only current relaxed rules are the way forward. to complete their CLE hours but also to Georgia Lawyers Helping Lawyers remain in social—not physical—contact (LHL) is a confidential peer-to-peer with colleagues. From our homes we can program that provides colleagues Mentoring and Networking meet people for tea or cocktails, join them who are suffering from stress, depression, addiction or other Remotely on the mat for yoga or a workout, have a personal issues in their lives, with We might not fully get back to life in the prayer meeting or book club. We might a fellow Bar member to be there, law as it was before March 2020, but we be limited in the physical spaces we go to, listen and help. can find ways to mentor and network with but our sudden embrace of current tech- our colleagues. The connection we expe- nology has revealed numerous creative If you are looking for a peer or rienced during virtual happy hours (with ways to practice law and socialize with are interested in being a peer those backgrounds reminding us of beach- each other. We have all been affected by volunteer, visit www.GeorgiaLHL.org es we long to return to) is also available in this crisis. We can rise out of it together for more information. mentoring relationships. Virtual mentor- while remaining connected. l ing may not be a one-to-one substitute for in-person meetings, but it can enhance a relationship during a time when we can’t Kellyn O. McGee be physically close. “Five-Minute Mentor- Director, Transition Into Law ing” (a question on a specific topic that can Practice Program State Bar of Georgia be answered in a short period of time) re- mains available by texts, calls and video. [email protected]

2020 JUNE 27 GBJ | Feature

State Bar of Georgia’s Committee on Professionalism Establishes New Speakers and Writers Bureau

The State Bar’s Committee on Professionalism and the Chief Justice’s Commission on Professionalism have launched a speakers and writers bureau to encourage research, writing and speaking by Georgia lawyers on issues of professionalism. BY TERRICA REDFIELD GANZY

During orientation for my LLM in Trial Advocacy program at Temple Uni- versity’s Beasley School of Law, we were asked to introduce ourselves to our class- mates. One by one, each of us went to the front of the room and told the group our names, where we worked and other mun- dane details about ourselves. If we man- aged to project our voices, we thought we had done a good job. After everyone had spoken, the pro- gram’s director introduced herself. And it. Was. Glorious. Her movements, her inflection, the story she told about her life left me in awe. I had never witnessed an introduction so powerful. It had not oc- curred to me that something as simple as a personal introduction could leave such a lasting impression. Her demonstration set the tone for the year of study that fol- lowed. We learned to connect with our audience on an emotional level and use our words and delivery to make even seemingly tedious information sing and dance in the minds of listeners. Professionalism is a pillar that helps

GETTYIMAGES.COM/WAVEBREAK uphold the legal profession as a high

28 GEORGIA BAR JOURNAL calling; without professionalism our legal profession falters. It is, therefore, critical to convey ideas about profes- sionalism best practices in a manner that makes attorneys want to sit up and listen. We must leave a lasting impres- Professionalism is a pillar that helps sion. The poet William Carlos Williams said, “It’s not what you say that matters, uphold the legal profession as a high but the manner in which you say it; there calling; without professionalism our legal lies the secret of the ages.” I have found this statement to be true in many con- profession falters. It is, therefore, critical texts, but concerning professionalism, to convey ideas about professionalism the “what” of your communication is as important as the “how.” best practices in a manner that makes To enhance both the quantity and attorneys want to sit up and listen. quality of professionalism research and materials (the what) and the number of presenters capable of effectively convey- ing this information (the how), the State Bar of Georgia’s Committee on Profes- sionalism, with staff support from the Chief Justice’s Commission on Profes- sionalism, is launching a speakers and writers bureau to encourage research, writing and speaking by Georgia lawyers on issues of professionalism. The Speakers and Writers Bureau is ecutive director, Karlise Y. Grier, wants the If you have a passion for promoting pro- the brainchild of Committee on Profes- commission to have an up-to-date multi- fessionalism and want to learn more about sionalism Chair Robert Arrington, man- cultural, multi-generational, multi-practice the Speakers and Writers Bureau, contact aging partner of Arrington | Owoo P.C. and geographically diverse list of potential Karlise Y. Grier at [email protected]. l In August 2019, Arrington formed a sub- professionalism speakers as a resource for committee to lead the Speakers and Writ- attorneys in Georgia who are planning ers Bureau’s design and implementation. events and educational programming. She Terrica Redfield Ganzy is The subcommittee is chaired by Hon. is excited to work with the Committee on the deputy director of the South ern Center for Human Eric Richardson, judge, State Court of Professionalism to identify and develop Rights. She is the current Fulton County. Kevin Patrick, principle this cadre of talented presenters. president of the Georgia and founder of Kevin Patrick Law, and I The Committee on Professionalism will Legal Services Program Board of serve as co-chairs. identify and recruit attorneys who desire to Directors, and member of the Center The new speakers and writers bureau tell stories that resonate, conduct research for Death Penalty Litigation’s board of will accomplish two objectives. The first that enlightens, and write articles that in- directors and the board of directors of objective is to encourage attorneys to re- spire and inform. The commission may the Atlanta Chapter of the Association search and write scholarly articles regard- invite any attorney authors who prepare of Fundraising Professionals. Ganzy is ing professionalism for submission and excellent written material to have their also a member of the State Bar of Georgia’s Committee on consideration by the Georgia Bar Journal names added to the commission’s list of Professionalism and the Georgia and other publications. The second objec- suggested professionalism presenters and Association of Black Women tive is to assist the commission in updating to contribute the author’s written material Attorneys, where she is the vice and developing its lists of suggested profes- to supplement the sample written material president of programs. sionalism speakers. The commission’s ex- currently on the commission’s website.

2020 JUNE 29 GBJ | Feature

This article catalogs decisions handed down in the year 2019 by Georgia state 2019 Georgia and federal courts addressing questions of Georgia corporate and business or- Corporation and ganization law. It includes both deci- sions with significant precedential value Business Organization and others dealing with more mundane questions of law as to which there is little settled authority in Georgia. Even those Case Law Developments cases in which the courts applied well- settled principles serve as a useful indica- This article presents an overview from a survey of Georgia corporate and tion of trends in corporate and business business organization case law developments in 2019. It is not intended as organization disputes. legal advice for any specific person or circumstance, but rather a general The decisions are organized first by treatment of the topics discussed. The views and opinions expressed in this entity type—those specific to business article are those of the author only and not Bryan Cave Leighton Paisner LLP. corporations, limited liability companies BY MICHAEL P. CAREY and partnerships. The remaining sections of the article deal with (1) transactional GETTYIMAGES.COM/WARCHI

30 GEORGIA BAR JOURNAL issues potentially applicable to all forms that there was no evidence from which certiorari to the Supreme Court of Geor- of business organizations, and (2) litiga- the jury could have divided fault among gia has been denied. tion issues that are common to all busi- the defendants. FDIC v. Loudermilk, 930 ness forms, including secondary liability, F.3d 1280 (11th Cir. 2019). Nonprofit Organization Decisions jurisdiction and venue, service of process In Conroy v. Amos, 785 Fed. App. 751 In New Covenant Church, Inc. v. Armstrong, and damages questions. (11th Cir. 2019), the Eleventh Circuit 2019 WL 1934880 (S.D. Ga. May 1, 2019), affirmed the dismissal of a shareholder the Southern District of Georgia enjoined derivative suit on the motion of the cor- two individuals from exercising control Summary poration under O.C.G.A. § 14-2-744, over a church’s property and bank ac- finding that the special litigation com- counts, holding that their exercise of au- Duties and Liabilities of Corporate mittee that recommended dismissal was thority was ultra vires under the church’s Directors, Officers and Employees independent and had conducted a rea- bylaws and the Georgia Nonprofit Code. One of the most closely followed cor- sonable, good faith investigation into The two individuals had claimed that porate governance cases in recent years, the claims. they were acting under the authority of FDIC v. Loudermilk, returned to the ap- the church’s founder and pastor, but the pellate courts in 2019 after a jury found Corporate Stock and Debt— court ruled that the exercise of control the former directors of the Buckhead Contracts, Valuation and Standing over church property was a corporate act Community Bank liable to the FDIC for In McDuffie v. Sautner, 2019 WL 5865929 that had to be authorized by the church’s $5 million in losses the bank suffered due (M.D. Ga. Nov. 8, 2019), the Middle Dis- board of directors. to loans approved by the defendants. A trict of Georgia addressed a dispute be- key question on appeal was whether the tween two groups of shareholders over Limited Liability Company trial court erred by not applying Geor- which group owned a controlling stake Developments gia’s apportionment statute, O.C.G.A. in the company, a question that turned There were several decisions regarding § 51-12-33, which would have divided in part on whether the defendants’ un- fiduciary and contractual duties owed by the judgment among the defendants ac- recorded purchases of stock from other members and managers of LLCs. In TMX cording to their relative fault. The U.S. shareholders could be counted. On a mo- Finance, LLC v. Goldsmith, 352 Ga. App. Court of Appeals for the Eleventh Circuit tion for preliminary injunction, the court 190, 833 S.E.2d 317 (2019), the Court of sought guidance from the Supreme Court sided with the defendants, holding that Appeals of Georgia held that two LLC of Georgia, certifying three questions re- the sellers of the defendants’ stock had members could maintain a direct action garding the impact of the apportionment fully complied with the company’s bylaws against the majority member for breach statute on cases involving corporate by surrendering their stock certificates of fiduciary duty and fraud leading to the board decisions that lead to pecuniary and that any delay in recording the sale dilution of the plaintiffs’ interest. While losses. The Supreme Court of Georgia in the company records did not serve to recognizing that dilution claims are typi- unanimously held that the statute applies invalidate the sale. In another dispute that cally derivative in character, the court to tort cases involving only pecuniary turned on incomplete corporate stock re- found that in this case the plaintiffs had losses, but does not always abrogate the cords, the Court of Appeals of Georgia shown sufficient evidence that they were traditional common law rule imposing held in Laymac v. Kushner, 349 Ga. App. specifically targeted by the defendants joint and several liability on joint tortfea- 727, 824 S.E.2d 768 (2019), that the plain- and therefore suffered a unique injury. sors. Instead, joint and several liability re- tiff was a shareholder in an S corporation In Colquitt v. Buckhead Surgical Associates, mains the rule where the defendants acted notwithstanding his failure to pay for his LLC, 351 Ga. App. 525, 831 S.E.2d 181 in concert, because fault is not divisible shares or to receive share certificates. Re- (2019), the Court of Appeals held that under such circumstances. FDIC v. Louder- versing a ruling from the trial court, the the managers and non-managing mem- milk, 305 Ga. 558, 826 S.E.2d 116 (2019). Court of Appeals found that the parties bers of a medical practice did not violate The Eleventh Circuit interpreted this to had entered into a binding share sub- any fiduciary duty in voting to terminate mean that where fault is indivisible for scription agreement, which established another member. The court reasoned any reason, § 51-12-33 does not apply. It the plaintiff’s ownership of shares even that under O.C.G.A. § 14-11-305 and the therefore affirmed the judgment, finding in the absence of payment. A petition for LLC’s operating agreements, voting was

2020 JUNE 31 not a managerial act but rather a right no fiduciary duties to their members, and Georgia held that a former shareholder that extended to all members. And in that the sale was an arm’s length transac- was barred from suing the company Gryder v. Conley, 352 Ga. App. 891, 836 tion in which the purchaser assumed no and its officers and directors over a S.E.2d 120 (2019), the Court of Appeals fiduciary duty to the seller. merger that cashed out the plaintiff’s held that an informal memorandum of shares. The court held that the plain- understanding between two individuals Partnership Law Developments tiff had failed to exercise its dissenters’ who later formed an LLC was not super- In Jysk Bed’N Linen v. Dutta-Roy, 787 Fed. rights under O.C.G.A. § 14-2-1302, and seded by the LLC’s operating agreement, Appx. 608 (11th Cir. 2019), the Elev- thus forfeited its right to challenge the which did not contain a merger clause and enth Circuit affirmed the grant of sum- merger through a post-merger lawsuit. did not address several key matters cov- mary judgment against a contractor who In 6428 Church Street, LLC v. SM Corrigan, ered by the memorandum. claimed he had formed a partnership with LLC, 352 Ga. App. 437, 834 S.E.2d 603 In Intelligent Investment International a company whose website he built. The (2019), the Court of Appeals affirmed LLC v. Fu, 2019 WL 1281204 (N.D. Ga. court found that the contractor’s evidence a grant of summary judgment in favor Mar. 20, 2019), the Northern District of of a partnership, which consisted of an of an LLC manager who was alleged to Georgia addressed the interesting ques- unsigned and undated written partner- have defrauded two investors into pay- tion of whether interests in LLCs formed ship agreement and a number of emails, ing $1 million into a real estate ven- to purchase and hold commercial real es- was insufficient to establish that a part- ture. The court found that the alleged tate were securities. The court applied the nership existed. In Baker v. GOSI Enterpris- misrepresentations were not actionable longstanding Howey test and determined es, Ltd., 351 Ga. App. 484, 830 S.E. 2d 765 because they dealt strictly with the de- that in this case they were. The LLCs in (2019), the Court of Appeals of Georgia fendant’s future plans and the venture’s question were formed by a real estate held that the plaintiff’s breach of partner- anticipated profits, and there was no broker as part of a fraudulent scheme in ship agreement claims did not relate back, evidence of the defendant’s intent not to which she promised investors that she for purposes of the statute of limitations, perform. Finally, in Division Six Sports, would find properties and manage them to an earlier lawsuit she had filed against Inc. v. Hire Dynamics, LLC, 348 Ga. App. for the LLCs’ benefit. The court focused the same defendant. The court reasoned 347, 822 S.E.2d 841 (2019), the Court of on allegations that the promoter com- that the allegations in the second suit Appeals reversed a trial court order that pletely controlled the operation and mar- were too dissimilar to the plaintiff’s ear- had found that a corporation ratified a keted the LLC interests to foreign inves- lier allegations to be considered a renewal contract executed by one of its employ- tors who had no involvement in running of the prior action. ees. The panel ruled that the plaintiff had any aspect of the venture. not shown ratification as a matter of law In Wright v. Scales 925 Atlanta, LLC, Other Entity Types because there was a question of fact as to 761 Fed. App. 884 (11th Cir. 2019), the In AgSouth Farm Credit ACA v. West, 352 whether anyone whose knowledge could Eleventh Circuit addressed a claim that a Ga. App. 751, 835 S.E.2d 730 (2019), the be imputed to the corporation was aware Georgia LLC was not really an LLC but Court of Appeals of Georgia considered of the contract. rather was operated as a partnership. The whether an agricultural lending associa- court held that even though the princi- tion owes fiduciary duties to its members Litigation Issues pals referred to themselves as “partners,” with respect to the extension of loans the company had been validly formed as to them. The court held that there is no Corporate Form and Standing an LLC and consistently held itself out as categorical fiduciary duty owed by such Infinite Energy, Inc. v. Marietta Natural one, such as by using the LLC name on pay organizations to their members, and that Gas, LLC, 349 Ga. App. 343, 826 S.E.2d stubs and tax forms. In First Southwestern such duties will only arise under special 189 (2019) involved the city of Marietta’s Financial Services, LLC v. Dennis Waters Con- circumstances demonstrating a departure attempt to form an LLC to compete in struction, LLC, 2019 WL 1782123 (S.D. Ga. from the normal relationship between Georgia’s deregulated natural gas market. Apr. 23, 2019), the Southern District of lenders and borrowers. Because the trial The Court of Appeals held that the city’s Georgia held that in a procedure to obtain court had assumed that member-based application was correctly dismissed by a charging order against an LLC member lending associations normally owe fidu- the Georgia Public Service Commission. under O.C.G.A. § 14-11-504(a), it is not ciary duties in denying the association’s Though the case raised an interesting necessary for the plaintiff to serve the LLC motion for summary judgment, the Court question as to whether the Georgia Code itself. Finally, in Delfin Group USA, LLC v. of Appeals vacated the judgment and re- permits municipalities to form LLCs as a Baghdasarian, 2019 WL 1903427 (N.D. manded with directions. general matter, the panel chose to rule on Ga. Mar. 20, 2019), the Northern District a narrower ground: it found that the city’s of Georgia dismissed a breach of fiduciary Transactional Cases charter did not permit the creation of duty lawsuit brought by the seller of an In SDM Investments Group, LLC v. HBN LLCs to carry out public utility functions. LLC interest against its purchaser and the Media, Inc., 353 Ga. App. 281, 836 S.E.2d In Earls v. Aneke, 350 Ga. App. 455, 829 LLC itself. The court held that LLCs owe 193 (2019), the Court of Appeals of S.E.2d 661 (2019), a law firm’s former cli-

32 GEORGIA BAR JOURNAL ent claimed that his engagement agree- WL 2435681 (M.D. Ga. June 11, 2019), ment was unenforceable because the firm the Middle District of Georgia held that was not properly organized. On appeal master limited partnerships are subject from a summary judgment order against to the same citizenship rules as LLCs and the client, the Court of Appeals declined other unincorporated entities for pur- to review the matter because it appeared poses of federal diversity jurisdiction. As that the trial court had not considered a result, a master LP is considered to be a whether the firm, which held itself out as citizen of every state in which one of its Get published. an LLC, could enforce the agreement giv- unit holders resides. In this case, which en that the agreement was not signed by a involved a publicly traded master LP, it Earn CLE credit. member of the LLC. In Whitesell Corpora- meant that the LP was a citizen of all 50 tion v. Electrolux Home Products, Inc., 2019 states and was effectively immune from WL 6219856 (S.D. Ga. Nov. 20, 2019), federal diversity jurisdiction. Enterprise is the Southern District of Georgia held part of a growing trend of federal district that a parent corporation lacked standing courts in Georgia carefully scrutinizing to recover damages allegedly sustained the citizenship of unincorporated enti- by its Canadian affiliate, which was not a ties, sometimes sua sponte. In Maxey v. CM party to the lawsuit or to the contract that Buffington Road LLC, 2019 WL 2080268 formed the basis for the parent compa- (N.D. Ga. Feb. 21, 2019), the Northern ny’s claims. The court explained that the District of Georgia ordered the parties parent had not demonstrated that it had in a removal action to file notices set- standing to sue on behalf of the separately ting forth the citizenship of a defendant incorporated Canadian entity. that was an LLC. Finding the parties’ re- sponses to be insufficiently thorough, the Alter Ego, Piercing the Corporate Veil district court remanded the case. and Other Forms of Secondary Liability A different kind of diversity jurisdic- Two cases addressed principles of succes- tion issue arose in Snadon v. SEW-Euro- sor liability in cases where defendants were drive, Inc., 421 F. Supp. 3d 1360 (N.D. Ga. accused of forming a second company to 2019), in which the Northern District of avoid paying creditors. In Stamey Cattle Georgia denied a motion to remand on Co., LLP v. Wright, 2019 WL 722597 (S.D. the grounds that the plaintiff fraudulent- Ga. Feb. 19, 2019), the Southern District ly joined a corporate officer who had no of Georgia held that a family-owned LLC personal involvement in the events that was liable for the debts of a related family injured the plaintiff. The case illustrates business under the “mere continuation” that where diversity jurisdiction is at is- theory, in which a new entity is formed sue, courts can look beyond the plead- The Editorial Board of the Georgia that is identical as to the “objects, assets, ings and consider evidence (in this case, Bar Journal is in regular need of shareholders, and directors” as a previ- unrebutted affidavit testimony from the scholarly legal articles to print in ous discontinued business. The court also officer) contrary to allegations in the the Journal. Earn CLE credit, see found that the plaintiff could pierce the complaint regarding an officer’s personal your name in print and help the LLC’s veil to hold one of its members indi- involvement in a tort. legal community by submitting vidually liable. In Z-Space, Inc. v. Dantanna’s There were two notable decisions ad- an article today. CNN Center, LLC, 349 Ga. App. 248, 825 dressing personal jurisdiction. In Baker S.E.2d 628 (2019), the Court of Appeals of & Murakami Produce Company LLLP v. Submit articles to: Georgia affirmed an order denying a mo- Weng Farms Inc., 2019 WL 3208372 Sarah I. Coole Director of Communications tion to dismiss alter ego and “mere con- (S.D. Ga. July 16, 2019), the Southern 104 Marietta St. NW, Suite 100, tinuation” claims against two construction District of Georgia held that it could Atlanta, GA 30303 firms, the second of which was formed by exercise personal jurisdiction over an [email protected] | 404-527-8791 the owners of the first firm after a large out-of-state corporate officer. The court judgment was entered against it. applied settled Georgia law rejecting the “fiduciary shield” doctrine. In Weinstein Jurisdiction and Venue Group, Inc. v. O’Neill & Partners, LLC, 2019 In a case of first impression in Georgia, WL 5999275 (N.D. Ga. Nov. 14, 2019), Enterprise Propane Terminals and Storage, the Northern District of Georgia denied LLC v. Sterling Transport Co., Inc., 2019 a law firm’s motion to dismiss for lack of

2020 JUNE 33 personal jurisdiction, holding that it es- lawsuit. The court held that O.C.G.A. turing, Inc., 2019 WL 1438162 (N.D. Ga. tablished minimum contacts with Geor- § 14-2-1520(c) required the plaintiff to 2019), the Northern District of Georgia gia by making plans to start an office mail a copy of the process to an officer of ruled in favor of a Chinese bankruptcy there and hiring the plaintiff to locate the corporation at the address provided administrator who sued the bankrupt Georgia lawyers to work for the office. on the certificate, which the plaintiff had entity’s U.S.-based parent for breach of Finally, the Court of Appeals of Georgia not done. That order has been appealed an intracompany note. addressed a novel venue question in An- to the Eleventh Circuit. drews v. Blue Ridge NH Associates, LLC, 353 Damages and Remedies Ga. App. 75, 836 S.E.2d 197 (2019). The Receivership In Miller v. Lynch, 351 Ga. App. 361, 830 plaintiff sued an LLC in DeKalb County In A&M Hospitalities, LLC v. Alimchandani, S.E.2d 749 (2019), the Court of Appeals one day before the LLC filed its annual 351 Ga. App. 310, 828 S.E.2d 615 (2019), of Georgia held that a minority member registration statement, which moved its the Court of Appeals held that a trial of an LLC could not seek prejudgment registered office to Dawson County. The court’s appointment of a “limited receiv- interest from the LLC’s majority member court rejected the LLC’s argument that the er” for an LLC to conduct an audit and under O.C.G.A. § 13-6-13. The court held change of residency became effective on inspection of the LLC was not an abuse that § 13-6-13 applies only to breach of the date on which the filing was signed, of authority under Georgia’s receivership contract cases, and the plaintiff’s claims which was a few days earlier. Instead, it statutes. The court held that compliance were premised on fiduciary duties im- held that under O.C.G.A. § 14-11-206, with O.C.G.A. § 9-8-4 was not necessary posed by law. an LLC cannot specify an effective date because notwithstanding the trial court’s that predates the date of filing as reflected use of the term “limited receiver,” the real Miscellaneous Litigation in the Secretary of State’s time and date effect of the order was to appoint an audi- Procedural Issues stamp for the document. tor. Finding no abuse of authority under Finally, in Chappuis v. Ortho Sport & Spine O.C.G.A. § 9-7-3, which governs the ap- Physicians Savannah, LLC, 305 Ga. 401, Service of Process pointment of auditors, the panel affirmed. 825 S.E.2d 206 (2019), the Supreme As usual, there were a number of deci- In Nayyar v. Bhatia, 348 Ga. App. 789, 824 Court of Georgia addressed a matter of sions applying the federal and state court S.E.2d 675 (2019), the Court of Appeals first impression under the Civil Practice rules for service of process on a business affirmed the appointment of a receiver Act: when matters in a pleading may be entity. In Cross v. Equityexperts.org, LLC, in a dispute between business partners struck under O.C.G.A. § 9-11-12(f) for 2019 WL 2494599 (N.D. Ga. Apr. 17, where the defendant was alleged to have being “scandalous.” The lengthy opinion 2019), the Northern District of Georgia taken control of the business while his may be of interest to litigants in business held that a company that listed a virtual partner was living out of the country. disputes concerned about the reputation- office as its address was properly served al harm caused by prejudicial statements when a process server hand delivered Bankruptcy Issues made in pleadings. The Court unani- the summons and complaint to a person In Matter of Jimenez, 608 B.R. 322 (Bankr. mously adopted a framework instructing claiming to be in charge of the virtual M.D. Ga. 2019), the Bankruptcy Court trial courts not to strike allegations solely office facility. The defendant’s claims for the Middle District of Georgia dis- because they are prejudicial, but instead that the individual served was not an missed in part a creditor’s petition seek- to weigh the relevance of the allegation employee of the company were found by ing a determination that debts owed by a before considering its prejudicial effect. the court to be irrelevant. In Turfstore. professional corporation and guaranteed The Court also cautioned that striking com, Inc. v. Hall, 348 Ga. App. 398, 823 by its principals were non dischargeable allegations should be done sparingly and S.E.2d 81 (2019), the Court of Appeals under 11 U.S.C. § 523(a)(4) and (6). The that courts should attempt to strike only of Georgia held that the default period court held that the petition failed to state as much language as is necessary. l for a foreign corporation did not begin a claim “for fraud or defalcation in a fi- to run until the corporation actually duciary capacity” because there was no received the summons and complaint, technical trust giving rise to the sort of Michael P. Carey practices which had been misdelivered to a simi- fiduciary duty described in the Bank- corporate, securities and other larly named company. In Burgos v. Sand ruptcy Code. On the other hand, the complex litigation at Bryan Canyon Corp., 2019 WL 4889268 (M.D. court found that the petition could state Cave Leighton Paisner LLP, with a focus on director and Ga. Oct. 3, 2019), the Middle District a claim that the defendants caused will- officer liability issues. Carey is co-author of Georgia held that a plaintiff failed to ful and malicious injury by negotiating a of a chapter on director and officer perfect service against a foreign corpo- sale of the corporation’s assets to a third liability in a book published annually by ration that had obtained a certificate of party in exchange for future employ- the Daily Report, “Georgia Business withdrawal of its authority to do busi- ment. In Suzhou Allpro Certified Public Litigation” (Daily Report 2013). He can be ness in Georgia prior to the filing of the Accountants Co., Ltd. v. Sure Heat Manufac- reached at [email protected].

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ACCEPT MORE PAYMENTS WITH LAWPAY 866-343-2217 | lawpay.com/gabar 2020 JUNE 35 GBJ | Fiction

The Deal

The Editorial Board of the Georgia Bar Journal is proud to present “The Deal,” by Joe Cargile of Thomasville, as the winner of the Journal’s 29th Annual Fiction Writing Competition. BY JOE CARGILE

The purposes of the Fiction Writing Competition are to enhance interest in the Journal, to encourage excellence in writing by members of the Bar and to provide an innovative vehicle for the illustration of the life and work of lawyers. As in years past, this year’s entries reflect- ed a wide range of topics and literary styles. In accordance with the competition’s rules, the Editorial Board selected the winning story through a process of reading each story without knowledge of the author’s identity and then scoring each entry. The story with the highest cumulative score was selected as the winner. The Editorial Board congratulates Cargile and all of the other entrants for their participation and excellent writing.

He closed his eyes. Breathing in and out, he counted each breath. His heart rate began to slow as he worked to calm his mind. His thoughts wandered. They went to his hearing yesterday in Calhoun Coun- ty. His client’s testimony on the stand. “It was bad,” he thought to himself. “I should have prepared him better.” He breathed deeply through his nose and out of his mouth. He thought about his bank account. “Checking has about a thousand or so,” he guessed. “I hope we can make payroll next week.” Back to the breath he went. The hum from the silence grew with each pass- ing second. He could hear his coun- selor’s words in that calming voice say, “When something pops into your mind, bring yourself back to your breath.” His thoughts wandered to Coach Weeks. The obituary appeared in the newspa- per that morning. He mulled the first three lines of the tribute over in his head. It was a quote that appeared in bold italics under a photograph of the coach. The quote was from an interview in 2002. The Panthers had just beaten Brooks County in the sec-

GETTYIMAGES.COM/PEOPLEIMAGES ond round of the playoffs the night of Feb.

36 GEORGIA BAR JOURNAL 15. A reporter from the Americus Times-Re- “Those boys in LA don’t need another practice. He allowed skirmishes between corder caught Coach walking off the court showboater on their roster,” Coach said teammates until punches to the face were from the Panthers’ second-round win. The with a laugh. thrown. He encouraged heated on-court reporter miscounted the number of steals “I’m more of a defensive player rivalries as long as a handshake followed Jake had that night but did not misquote now, Coach,” he said. the competition. He was ruthless in his Coach Weeks. “I’m sure you are, counselor. Stop by criticism and a terror to play for. Then next time you are in town,” Coach said as before dismissing the team each day, he “No one at 18 years old is yet certain who he walked away. would direct everyone to take a knee so they are. This team of 12 young men is no They did not talk about how Jake’s ca- that he could remind everyone that they different. If they figure out who they want reer was going. He did not ask about how have one purpose on this earth. to be before the end of the season, then I Jake’s knee was doing. That 2002 Pan- “The heart of man plans his way, but accomplished what I came here to do.” thers’ team that went on to win state nev- the Lord establishes his steps,” Coach —Melvin Weeks, 2002 er came up. The coach asked about Jake’s would say as he brought the team in for a mom and talked about his granddaugh- huddle. He ministered to his players with Jake leaned back in his chair and put his ter’s new dog. Jake had no idea Coach was all of his soul, and then would break the feet on the desk. He opened his eyes for a sick. They shook hands and parted ways. huddle with, “Panthers on three!” moment and looked at the minute hand It was the last time Jake Collins would see Jake Collins loved basketball. He was on his watch. Three more minutes were his old coach. a slashing guard—excellent ball control, left in the exercise. He closed his eyes, The funeral was that afternoon. Jake quick feet and equally talented at passing and instead of trying to clear his mind, he would attend, as would many of his former with either hand. He ran the court like a tried to remember the last time he saw the teammates. He thought about their days wild man and took the ball to the hoop coach. It had been at least a year. playing for Coach. It felt like yesterday. as much as possible. If you stepped in the When Jake went back to his home- They were the heralded 2002 team. With lane to stop him, Jake would kick it out to town, he avoided eating out. He would his eyes closed, he could hear the sounds of a teammate. If you did not honor his abil- visit his mother and check in with a few the crowd in his old high school gym. He ity to take the ball in with the tall trees, old friends. He chose to leave on Sun- laced his shoes up. He looked at the faces Jake would cut you two points at a time. days before church began and had not of his teammates. He felt the butterflies in He started at point guard for the Panthers set foot in his old high school’s basket- his stomach. He heard the stomping of the his sophomore year and never looked ball gym since 2003. The county school feet on the bleachers and the cheerleaders back. Teams all over Georgia knew Jake and Americus High merged in 2004 to chanting. The smell of popcorn seeped Collins before he was done with his time become Americus-Sumter County High into the locker room as they huddled in high school. At 35, he still held the re- School. The legendary career of his old around Coach for a pregame speech. cords for career points, assists and steals. coach, and the Panthers’ tradition, con- “Come to terms with the fact that you He breathed those memories in deep, tinued in the merger. New banners hung are a team of scrappers,” he would say. and the silence surrounded him. He felt from the rafters. New players joined Coach would get in a player’s face and calm. The desk phone rang. the roster. Jake wanted nothing to do yell, “Get out of this locker room if that “Jesus Christ,” he murmured, before with it. bothers you.” pressing the microphone button. He remembered the last time he saw “You scrap and you claw all night, you “Mr. Collins?” said the receptionist. his coach. It was at a Walmart in Camilla hear me!” “Yes?” he replied. last Christmas. The coach must have been “Nobody wants to play this team be- “Tim Brown with First National Bank, in Mitchell County visiting his daughter cause we fight, scratch and hustle all line two,” she said. and grandkids. Jake was stopping in on four quarters!” “Tell him I’ll call him back,” he said with his way home from a hearing in Thom- “They may be bigger, but you have a sigh. asville. The evening encounter was mere more heart.” “You’ve got it,” she replied. happenstance. Jake hurried through the “They may be faster, but you worked The funeral was at 2 p.m. He would packed store in one of his best suits. Hus- harder this offseason.” leave for Americus around lunch. He tling down an aisle with a bag of dog food “They may hit you out of the gate, but picked up his cellphone and checked slung over his shoulder, Jake nearly ran you won’t back down.” his bank account. It was lower than he straight into the coach. They talked for 10 “You will not quit.” thought. He then clicked open his Out- minutes, and Jake had to run. Then Coach would say, “Bring it in look calendar to review the remainder of “Been busy, Coach,” he remembered men,” and he would pray. his morning’s appointments. saying. There was a rigid dichotomy between –2– “Busy doing what?” Coach huffed. the way Coach would motivate a team and “Busy lawyering until the Lakers de- the way he would pray with it. He would The man walked into the lobby right at cide to pick me up,” he replied. dog cuss you for a missed assignment in 11 a.m. He carried a collapsible folder and

2020 JUNE 37 around her neck. She looked weathered, and she rubbed her forehead as one does, frustrated. The boy still sat quietly next to her, consumed by the game. The law office’s sign loomed outside In Jake’s experience, there are generally two the door, “Barnes & McLean: Serving the Community for Thirty Years,” in blue let- kinds of conversations that kick off the client tering that had faded along with the rest consultation. The first is the kind you would of the building. Below the sign were the lawyers’ names and practice areas. Family expect in the South . . . . The second kind of Law, Criminal Defense, Bankruptcy, Per- conversation is when the client has come sonal Injury, Workmans’ Compensation and Business Law were listed in equally prepared to talk to Jake, well, about Jake. faded letters. Will assumed the worst for the lady in the scarf. He imagined that she was here for the family law services. Cheat- ing husband, absent father and all the other clichés that precipitate a divorce wore a black backpack. A lady sat in an filing crept into Will’s mind. The alco- armchair reading a newspaper, and a little hol abuse, arguments, verbal abuse and boy played on a tablet. The music from money troubles had taken her to the the boy’s device sang and pinged. The edge. She made it through the holidays woman glanced up at him as he walked and the family members visiting from out to the receptionist’s desk, but the boy did of town. She put the Christmas card to- not take his eyes away from his game. gether and posted pictures on social me- “I am here to see Mr. Collins,” the man dia. Will could see their smiling faces and said to the receptionist. her husband’s puffy eyes. She endured. “Can I get your name, please?” she replied. This weekend, though, it all needed to “It is Will Felt, and I have an 11 a.m. end. The marriage reached the tipping appointment scheduled.” point, and she found herself here. Even “Can you remind me what it is about so though it was all in his imagination, Will I can let him know?” she inquired. still wished he could help. “I want to talk to him about a contract.” The sound of the receptionist’s voice The receptionist, Claire Bond, was in broke his train of thought. “Mr. Felt, can you her late twenties. She wore a blue blouse, follow me back to the conference room?” and her gold bracelets bounced as she –3– worked the mouse and the phone. Her dark hair and eyes shined from behind Jake Collins walked into the small con- the desk. From what Will could see, he ference room and extended his hand. “I wanted to keep looking. apologize for being late,” he said as he “I’ll see if he is ready for you,” she took a seat. At 35, Jake was in good physi- said, initially not looking up from her cal shape. He had a full head of hair and computer. When she did, she realized prided himself on dressing sharp. He had Will had been gazing a little longer than a coffee cup in his hand and carefully set it was acceptable. down on the table. His brown eyes stared “Go ahead and grab a seat, and we will at the man for a few seconds waiting for be right out there to get you,” she added Will to speak first. Will stared back at him. with a smile. In Jake’s experience, there are gener- “I’ll grab a seat then, and thank you,” ally two kinds of conversations that kick Will said, with an awkward smile. off the client consultation. The first is the Ten minutes passed, and Will watched kind you would expect in the South. Po- the lady in the armchair. She now had tential clients ask Jake about his family and some paperwork and a clipboard. She where he is from. They want to talk about wore her hair in a bun and had a scarf who referred them to the firm by word of

38 GEORGIA BAR JOURNAL mouth. They want to know if any of Jake’s The last case Jake worked on for Stick “Well, the trooper gets to the window “people” are people that they know. They was a classic. A trooper pulled the guy and barks his standard request for license want to know where he goes to church and over for going 80 MPH on a country and proof of insurance. While Stick is which football team he roots for on Satur- road in Miller County. Stick was driving apparently looking for his license, the day afternoons. They want to get to know a brand new GMC Sierra 3500HD Denali. trooper steps up on the running bar of Jake before discussing a legal issue. If they The trooper gets to the window of the the truck to look inside. He sees a cute approve of Jake, they will pay his fee. truck, pulls Stick out and loads him up. blond sitting in the passenger seat with The second kind of conversation is Speeding, Open Container, DUI, Reckless her jeans unbuttoned and her tank top when the client has come prepared to talk Driving, Possession of Marijuana and At- on backwards. The trooper shines his to Jake, well, about Jake. They have done tempting to Elude were gifted on the spot. flashlight at her blushing face, and then their research on him and oftentimes “He tell you about that case?” Jake asked. spots an orange-colored lace bra on the want him to know it. “I saw you went to “Oh yeah, Stick said you put a little floorboard.” Mercer,” or “Looks like you practice in miracle together for him.” Jake leaned over the table and said in a Florida and Georgia” is sprinkled in to as- “He got lucky,” Jake replied with hushed voice, “Stick told me his passen- sure Jake that they know more about him a smirk. ger was buck naked when the blue lights than he knows about them. “You played Sensing an opportunity to regale his came on.” some ball at Florida State, that’s impres- potential client with a story of victory, Jake stopped to let the scene set in for sive,” some would even say. Jake knows Jake proceeded. young Will Felt. that these potential clients want the upper “First, the state trooper in Jim Strick- “Well, Captain America gets antsy hand. They are prepared and expect him land’s case made a big mistake,” Jake said because Stick is taking time to locate his to be, too. They want to test him before with authority. “He lied in his report license and asks, ‘Have y’all been doing discussing the legal issues involved. about how things went down. I was going some drinking tonight?’” In Jake’s mind, the second kind of initial through the discovery in the case and saw Jake paused and then said, “Will, I’ve conversation indicates a few things. First, it right off. I knew if the solicitor actually handled hundreds of DUI cases in my the person knows more about what they watched the video, he’d have to just toss career and 99 out of 100 clients lie in are looking for in a lawyer. Second, this the case out,” Jake explained. that situation.” person has done their research on the kind “See, Stick did not initially stop when “Jim Strickland is not most people,” of legal help needed, so a more sophisti- the blue lights came on. He starts to slow Will added. cated explanation of what service you can down, but he drives for at least another “Bingo!” Jake chirped. “Jim Strickland provide is necessary. Lastly, this person mile until he comes to a clearing on the is not most people.” might be a pain in the ass to work for. Get side of the road. The trooper sees a pas- Jake took a sip of his coffee and then your fee because they will use every bit of it. senger in the truck moving around, so of leaned back, balancing his weight on the “What can I do for you today, Mr. course, he suspects the worst. He thinks back two legs of the chair. Speaking with Felt?” Jake opened with a smile. the guy is stalling and trying to hide his hands, he reenacted the last bit of “I need to talk to you about some trou- something in the cab,” Jake said, setting the tale. ble I’m in,” Will responded. “See, a buddy the scene. “Once the truck stops, the “These troopers don’t usually have of mine, Jim Strickland, said you helped trooper steps out and puts the spotlight body cams on them like you see on TV. him get out of a DUI last year.” on the back of Stick’s truck.” They capture all of their traffic stops from “I know Jim. He is a good guy,” Jake noticed that his potential cli- a dashcam video,” Jake explained. “You Jake replied. ent was enjoying the story. Will leaned could see on the video that the trooper is Jake Collins knew the guy well. Jim against the table with his forearms. Jake just staring Stick down while he is appar- “Stick” Strickland was a repeat offender. leaned back in the chair and continued. ently fumbling around his truck looking Stick was 6'5" and wiry. He was Califor- “I had gotten the CAD report, so I had for his wallet.” nia hair in Georgia boots. The guy liked the recording of the trooper’s radio call “After some digging around, you hear to party but kept his missteps to misde- into dispatch. He was pissed, and he pro- on the audio that the trooper points out meanors. He always had a little money to ceeds to call for backup like he is about to to our guy that his wallet is splayed out on pay for his legal troubles and came from take down the cartel’s kingpin,” Jake said, the floorboard. Stick thanks the trooper, a good family. adding some theatrics. picks it up to fish out his license and says “How is Stick doing?” Jake asked. “The trooper heads toward the win- with perfect delivery, ‘Well officer, it looks “Living it up as you would expect,” dow of the truck and later testified that like you caught us with our pants down.’” Will replied. “I saw him at an event last he could smell the booze from the tailgate. Will laughed at the story. He was un- weekend, and he was singing your praises Apparently, Stick had put away quite a bit sure what to say and also unsure if it was to a group of 10 or so people.” of moonshine that night, so my guy prob- completely true. “That’s the kind of marketing money ably smelled like a can of gasoline,” Jake “Well, the trooper had no sense of hu- can’t buy,” Jake thought. added with a laugh. mor, and he hauled Stick and his passen-

2020 JUNE 39 GETTYIMAGES.COM/BANKSPHOTOS ger to jail,” Jake continued with a chuckle. was titled “Southwest Georgia’s Newest for much at all. He wondered why this “It took some time, but we worked it out.” Millionaire,” and another read “Under new millionaire was not taking his prob- Jake was pleased with himself. He re- Thirty, Going On Thirty Million.” Jake lem, and money, to a silk-stocking firm membered the case well. He remembered picked each up to examine them. Stand- known for this type of work. Jake’s con- that consultation well. It was Jim Strick- ing in each picture, holding an oversized tract cases were small-time disputes. They land’s third DUI arrest in a span of 18 check, was Will Felt. would involve a tenant’s rental agreement months. At the time, Jake had little hope “Looks like you came into a bit of mon- or a lease to own contract on a mobile that he could work a deal. The trooper was ey, Mr. Felt?” home. If Will Felt was coming into this known to be hard to work with, and the “You could say that,” Will replied. office for advice on a contract tied to his solicitor was new to the job. Jake had told More silence and Jake looked back at newfound millions, he must not have Stick at their first meeting, “I want you to the newspaper articles in front of him. known he was at the wrong place. Jake start wrapping your head around this DUI Sensing an opportunity, he wanted to was not about to tell him, either. going on your record.” think before easing into the rest of their “So, Claire up at our front desk said He remembered Stick responding with, conversation. He read the article over you have a contract you want to talk to “Buddy, you have to learn to sell your ser- from the Florida Times-Union titled “Man me about?” Jake said. vices a little better.” Stick, while paying Plays Lottery for First Time, Wins Big.” “Yeah, I think that’s what you would $7,500, said, “Work that magic, Jake.” “Last night’s Mega Millions Winner call it,” Will replied. “So how did you get him out of it?” has come forward. The Georgia Lottery “Do you have a copy I can take a look Will asked. confirmed that the winner is from Tif- at while you tell me about it?” Jake asked. There was a brief silence, and Jake ton, Georgia. The lucky ticket, bought by “Well, I don’t have a written agree- stretched it. He studied his potential client 26-year-old Will Felt, was the first lottery ment,” Will replied. for a moment. He then folded his hands ticket he ever purchased. The night of the “That’s alright, tell me what it is about,” and said, “Let’s talk about you, Will.” drawing, Felt walked into a Pilot Travel Jake prodded. Center in Cordele, Georgia, to purchase the “Does it matter that the agreement is –4– ticket. He bought it 15 minutes before the not written down?” Will said, sidestep- Will Felt pulled out his collapsible folder drawing. The ticket is worth $30.3 million.” ping the question. and opened it. Out of it came newspaper Jake turned the article over in his “That depends,” Jake replied, hop- clippings. They were from the Albany Her- hands to look over the backside. He did ing he did not need to prepare a spiel on ald, Tallahassee Democrat, Camilla Enter- so as if he were inspecting it to verify its contract formation. prise, Florida Times-Union and Montgomery authenticity. He understood this consul- There was more silence, and Will be- Advertiser. He slid them across the table. tation to be about a contract issue. Barnes gan to collect the newspaper articles on the They were all the same news story. The & McLean was not known for its transac- conference table. He stacked them in his date on each was Jan. 21, 2018. The first tional work. Truthfully, it was not known hands and started filing them back into his

40 GEORGIA BAR JOURNAL collapsible folder. Will was unsure about the Hughston Clinic had ever seen.” listening to the story. his choice at the moment. He looked up at “I am sorry it happened,” Will replied. “The guy starts asking me how much the lawyer as Jake was checking his watch. “It was a long time ago.” further I have to go and where I am com- It was 11:45 a.m. and Jake would need to More silence and Jake glanced at his ing from. He pulls out a cigarette and of- leave the office by 12:30 p.m. to make the watch again. fers me one. I accept it and stand there for funeral. Jake began to grow impatient. “Look, I actually have to make a fu- 10 minutes talking to the guy about my “I saw you play ball at Florida State,” neral for my old basketball coach this bad luck the night before.” Will said. afternoon.” Jake began. “What kind of bad luck?” Jake asked. “Oh yeah?” Jake replied. The sudden “No, I get it,” Will said cutting him off. “I was at a bar with a buddy of mine from change of topic caught him off guard. “I am here today because I need some ad- college. I start talking up a cute bartender “You didn’t start, but you played a ton of vice, and I need it all to be confidential.” that was about to get off her shift. We minutes,” Will continued. “Well, everything you say to me in are buying her shots, and things are going “Which game was it?” Jake asked. this consultation is confidential. It does well. Then the bouncer starts coming by “Y’all were playing Pitt.” not matter if you decide not to hire me to telling me and my buddy to ‘settle it down.’” “That was my sophomore year. I re- handle this contract matter. I can’t speak “I have a feeling I know what happens member that game well,” Jake added about it to anyone outside of my firm un- next,” Jake groaned. with hesitation. less you tell me it’s alright to do so,” Jake “I give the bouncer a little bit back and “FSU got the win,” Will replied. assured him. the next time he comes by, he tosses me,” “Yeah, and we had a really good team Will wondered if Jim Strickland knew Will said with a shrug. “I never went back that year. Lots of seniors on the roster. his latest DUI arrest was being recapped into the bar to grab my card.” We went all the way to the Sweet Sixteen, to potential clients. Then again, he would “Anyways, the guy at the gas station, he so it was fun to be a part of all that.” Jake probably love it. Will assumed that the loans me twenty-five bucks.” said, providing the canned response he door was opened somehow to talk about “Luke loans you twenty-five bucks,” used often. the case. Maybe it was when Jake asked Jake reiterated, to show he was listening. “You went down with a knee injury whether Stick told Will about the case. “Right. At first, I don’t want to ac- right before the game ended,” Will said. Either way, Will was not concerned about cept it, but the guy insists. He tells me, The comment sounded like it was Jim Strickland. What he cared about was ‘Take the money, Will. You are due some spoken underwater. It confirmed what his brother’s advice. luck tonight.’” Jake suspected this potential client al- “The night that I won this money, I did “I thank the guy, and as I am walking ready knew. It made his stomach hurt. He not plan to play the lottery,” Will began. off, he says ‘Hey Will, buy yourself a lot- reached his hand under the table to rub “I pulled into that gas station in Cordele tery ticket with part of that gas money.’” his right knee. It had been 15 years since where I bought the ticket because my car Will takes a moment to let what he that game. The memory still bothered was running on fumes. I was about 40 just told Jake to settle in. This lawyer was him. The knee still bothered him. miles from home. I pull up at the pump only the second person to hear the story “That’s right. There was 1:47 left in the and realize I’d left my debit card at a bar about what took place in Will Felt’s life game. It was a tough night,” Jake said in an in Athens the night before.” that night. He studied Jake’s expression effort to end the conversation on the topic. “That kind of thing happens in Ath- from across the conference table and “I was in middle school at the time, and ens,” Jake added with a smile. continued on. it was my first FSU basketball game,” Will “It’s 9:30 p.m. on a Friday night, and I “I tell the guy that ‘I owe him one’ and said, redirecting the focus of the night to have no checkbook, credit card or cash on start walking into the store.” his perspective. “My older brother played me,” Will explained. “It was embarrassing.” “Pretty common thing to say to some- you in high school, and he thought you “I walk over to a picnic table outside one that helps you out,” Jake replied, try- were the best player he ever played of the convenience store and start calling ing to reassure his potential client. against. He still thinks that you are. You around to family and friends to see if any- “That’s what I thought,” Will said. burned him for 30 points.” one can help me out.” “Well, the guy laughs and says, ‘don’t “I appreciate that,” Jake replied. “Sounds like a good time to play the sweat it, how about you just owe me one “He thinks that if you had not injured lottery,” Jake remarked. in the next life?’” Will said in a somber your knee, you might have played in the “Yeah, well, a guy walks up to me wear- tone. “He then walked toward me, ex- NBA,” Will said with an awkward smile. ing a baseball cap. He tells me his name is tended his hand, and said ‘that a deal?’” “I fractured my tibial plateau and tore Luke and that he overheard my conversa- “What did you say?” Jake asked. my ACL, MCL, LCL and patellar tendon tion on the phone. He tells me he wants to “I told him it was a deal.” that night,” Jake said, injecting harshness in help me out with some gas money.” –5– his tone. “I never played in another basket- As Jake sat there listening, he began to ball game after that night. It was the worst see the issue. Now, he was the one leaning Jake drove east on Highway 280. He sports-related knee injury the surgeon at in, forearms against the conference table, would make the funeral. Passing through

2020 JUNE 41 Preston and Plains, he felt the comfort of returning to familiar terrain. With the windows down in the truck, he breathed in the country air. Rural Georgia is beau- Now Read This: tiful in its own way. The farmland tied to each small town surrounds the roads Summer Reading that lead nowhere in particular. Jake ac- crued countless hours of windshield time Suggestions every year. He rode country highways to the county courthouses all across South- When we asked Georgia lawyers to submit reading summer suggestions, west Georgia. He enjoyed the scenery, we had no idea what lay ahead of us. The COVID-19 crisis has changed and, cell service permitting, it gave him the landscape of the things we take for granted when it comes to work, an opportunity to catch up on phone calls school and leisure. Chances are you won’t be packing up to go to the from the office. beach this summer, but you still might have time for a good read. This afternoon the calls to clients could wait. He reflected on his meeting with Will Felt. It was a first in his career. “A deal with Lucifer himself,” Jake said out loud. The Woman’s Hour He chuckled at the story as he watched the by Elaine Weiss farmland pass by. Submitted by Jocelyn Daniell He knew the growing seasons and rec- “The Woman’s Hour” tells the story of the last state to vote to ognized that farming peanuts, soybeans ratify the 19th Amendment—Tennessee. I am sure each state and other crops was not easy. Difficult, had its struggles with ratification throughout that long pro- yes, but the entire soul goes into the farm- cess during 1919-1920, and the book explains the national er’s work. Jake wanted to put his soul into movement, but it primarily focuses on how Tennessee finally something and feel that purpose in life. got there. It also pointed out that Georgia voted not to ratify. He thought of what he would give to feel Lifelong learning is important; I am glad to periodically delve back into history that connection to his craft that he felt on to appreciate the present. the basketball court. He thought of his clients that he helped file for bankruptcy under Chapter 12 over the years. He re- Furious Hours membered the tears in their eyes as they by Casey Cep decided to close down their farming oper- Submitted by Aziz Parker ations. How many of them would pledge “Furious Hours” follows a trial that was to be Harper their souls in exchange for millions? Lee’s next great book that was never written. It is one-third The cellphone rang. Jake rolled the win- true crime thriller, one-third legal drama and one-third trag- dows back up in his truck and pressed the edy. The book touches on issues in criminal, insurance and answer key on the vehicle’s touch screen. tax law while requiring any lawyer to consider race, justice “This is Jake.” and jury nullification in the South. The book’s focus on de- “Hey, it’s Claire. I wanted to let you fense attorney Tom Radney reveals the real life complications and rewards of know that Mr. Felt made a payment on an attorney in rural Alabama. his account today. He told me you quoted him $30,000 to handle his case. He paid with a personal check.” The Powers That Be “Take it to the bank and make sure it by David Halberstam clears,” Jake said. Submitted by Eric Teusink “I am heading that way now,” This book was published two years before my birth, but I have Claire said. never read anything that has provided me with more insight “I’ll be at this funeral for a bit and might into the current relationship of media and politics. It’s dis- hang around Americus for the evening,” cussions of Roosevelt’s use of radio, Nixon’s relationship Jake said. with the Los Angeles Times and Kennedy’s understanding of “Are you driving back tonight?” television are thought-provoking lenses with which to view she asked. modern politics and social media. Read this book. “I am not sure. I have some people to see over here,” Jake replied.

42 GEORGIA BAR JOURNAL Killers of the Flower Moon: New Jersey, Illinois and Connecticut who contracted radia- The Osage and the Birth tion poisoning from painting watch dials with self-luminous of the FBI paint. Author Kate Moore tells this devastating story from by David Grann the perspectives of the workers themselves. As these young Submitted by Linda Dunikoski women began to develop horrific and deadly diseases dur- This is an excellent book that will keep ing what should have been the prime of their lives, a few you entranced. The Osage Indians of Okla- courageous workers filed suit against the corporations who homa are targeted through marriage in hid the truth about the toxic paint. The women’s bravery and order to obtain the headrights to their oil perseverance led to historic changes in the fields of health fortunes, but it soon turns to murder, and the story of the law physics and occupational disease labor law. men who sought justice.

The Wide Sargasso Sea Scarcity: Why Having Too Little by Jean Rhys Means So Much Submitted by Michael O’Neill by Sendhil Mullainathan and Eldar Shafir The thin but amazing “The Wide Sargas- Submitted by Sarah Babcock so Sea” is a must read for any attorney. Have you ever had a pro bono client who is The author carefully develops the main impossible to reach or who failed to bring character into an insane monster. Since important documents to court and thought the main character is also in “Jane Eyre,” “I would never behave this way!”? “Scarcity: keep that book close by (especially in the Why Having Too Little Means So Much” will wild last chapter!). This is one of those books that purposely show you that you’re wrong—busy attorneys and their pro is silent about many important details that the reader only bono clients are much more alike than we think. “Scarcity” is realizes at the end or after many re-readings. The mostly a quick read with real-life examples that will change how you Caribbean background with the introduction of the word think about pro bono practice and your own workday. “zombie” and with strange flora is the perfect background to this masterpiece.

Inheritance: A Memoir of Genealogy, Paternity, and Love Sacred Duty by Dani Shapiro by Sen. Tom Cotton Submitted by Max Ruthenberg-Marshall Submitted by Duncan Harle Shapiro thought little of sending off her Sen. Tom Cotton grew up on a farm in Ar- DNA test, but the results shocked her. kansas and attended Harvard University Her father—who raised her, loved her and and Harvard School of Law. During law whose Jewish heritage she identified so school, the attacks of 9/11 affected Cot- strongly with—was not her father. At least ton’s thoughts about serving his country not biologically speaking. With her parents having passed in the field of law. He joined the Army after away, Shapiro is left to navigate this mystery on her own three years working as an attorney to pay off his law school and come to terms with why her parents made the choices debt and was eventually selected to serve in the Army’s Old they did. Along the way, she connects with her biological Guard—an elite regiment charged with the responsibility of father, recognizing in him parts of herself that previously watching over the Tomb of the Unknown Soldier, as well as at made her feel like an outsider. Shapiro’s journey explores Arlington National Cemetery. Sen. Cotton gives an in-depth the powerful ties of both love and biology. A perfect read for look of the “sacred” work of these soldiers who honor and any family law attorney. steadfastly remember the lives of those who made the ul- timate sacrifice for their country. This book is a reminder to lawyers that we have a vocation to serve the public—and The Radium Girls that we have a sacred duty not only to our clients, but to the by Kate Moore system of justice that we serve. Submitted by Dr. Megan Hodgkiss Is this book a summery, sit-by-the-pool read? No. But should this non-fiction book be on every attorney’s reading list? Absolutely. “The Radium Girls” follows the lives of female factory workers in 1920s

2020 JUNE 43 “Will I see you this weekend?” He pulled out his cellphone, ensured it Outside of the church, Jake talked to Claire prodded. was on silent, and glanced at the missed familiar faces. Friends that he had not “I haven’t made it that far yet. Let me text message from Claire: “Sorry again seen in years. Teachers from another life. know if the check clears, and I’ll talk to about your coach. Call me if you need Jake lingered as most people loaded up you later.” anything.” He decided to turn it off and into their vehicles to join the procession Twenty minutes later, he pulled into returned it to his pocket. He smiled as he to the graveside. The graveside service, the parking lot of the church. The lot was could hear his counselor’s voice saying, or Rite of Committal, would involve the packed, and he circled around to the side “Be present, Jake.” priest reading a verse or two of Scripture. street to find an open space. Most people The priest stood and walked to his pul- He would allow those family members walking toward the church wore Pan- pit. Father John appeared to be in his ear- to say their last special prayers, and all thers’ blue to honor Coach. Jake wore a ly sixties. His silver hair was neat, and he would watch as the coffin lowered into black suit and dark tie. was clean-shaven. His black robe bore a the ground. Jake did not feel he should in- He slammed the door to his truck and Panthers’ Blue vestment for the occasion. trude on the family’s last moments with hustled in the direction of the church. He The sanctuary was quiet as he readied his the coach. Father John made his way out checked his watch. It was 1:57 p.m. By notes. He looked out at the group and be- of the church and stopped to talk to the Coach’s standards, Jake was late. His cell- gan to tell a story about his first interac- funeral director. Recognizing Jake, he phone vibrated. It was Claire again. tion with Coach Melvin Weeks. then walked in Jake’s direction. “Did you make it by the bank yet?” In his Louisiana accent, the priest ex- “Good afternoon, Father,” Jake said. he asked. plained that when he arrived at the small “Mr. Collins?” He replied with a hand “I am leaving now,” she replied. church in Americus, “It took time for extended. “Did the check clear?” he asked. some of the congregants to come around.” “Yes, sir,” Jake said. “The check was good. Why are you The funeral-goers laughed as the “I appreciate your decision to attend acting strange?” priest continued his self-deprecating today,” the priest said. “I am not acting strange,” he insisted. introduction. “You did a nice job with the coach’s “You had a strange look on your face “Coach visited me four times for con- service. I enjoyed your sermon,” Jake after leaving your last appointment to- fession in the first week,” Father John said with sincerity. day. You have been determined to get this chuckled. “I soon came to realize he was “Thank you,” the priest responded. check deposited. What’s going on with this not just coming to confess, but he was They stood on the front steps of the new case?” she prodded. coming to motivate me to lead this parish.” church, watching the vehicles gather into “Thanks for getting that to the bank, “I enjoyed those talks,” he continued, “I a line behind the hearse. Claire. I have to run,” Jake said. believe many of you in this room received “I received your letter,” Jake said. Jake entered the church through the some of that wisdom, at some time, from “He would have been pleased that you main entrance. The coach was Catholic. the coach.” decided to show up,” Father John replied. It was suited to his rote training meth- Father John then proceeded to give “He asked you to send the letter?” ods, but not compatible with his approach a short sermon. The trial lawyer in Jake Jake asked. to courtside sermons. As predictable and recognized the skill that Father John “That he did.” brutal as the coach’s practices were, his brought to his post. The clergyman spoke “Why?” Jake said, still staring at the preaching was equally unpredictable. The with eloquence and tactfully wove pas- hearse and family as they lifted the casket team never knew what to expect. There sages from the Bible into his sermonette. into the vehicle. were days that Jake felt he stepped into a Jake noticed that Father John’s warm and “I am not certain, but I think Melvin tent revival once Coach finished running welcoming presentation seemed to be Weeks believed he failed you, Mr. Col- the team into the ground. It surprised him well received. Many in attendance had lins,” Father John replied. that Coach was not a devout Baptist. The no use for organized religion. The priest “How? We won a lot of basketball evangelist in Coach Weeks was impres- recognized his opportunity. games together. He helped me get a full sive. More impressive than the tyrant After the sermon, Father John in- ride to an ACC school to play basketball. he often portrayed. The coach drove his vited those in the attendance to receive I thought he would look at my career as players to be men that defined themselves Holy Communion. He explained that the a basketball player with some pride, at as Christians. Jake never questioned it, Catholic Church places certain require- least,” Jake said with frustration. until one day he did. ments on anyone that wishes to receive “As the coach would say, that is not The organ began to play, and the fu- the Eucharist. He said, “I believe that an your only purpose in life,” Father John neral-goers stood. The modest sanctuary open table is what Jesus would want. I said with a smile. was full. The priest, along with the family urge those that loved the coach, and are “The coach would say that,” Jake and acolytes, proceeded down the aisle to not in communion with the Church, to sighed. the front of the church. The traditional still come to the front to receive a bless- The priest turned to look at Jake and put funeral Mass would take close to an hour. ing.” Jake elected not to take part. his hand on his shoulder. The priest was a

44 GEORGIA BAR JOURNAL strong man, and he could feel the intensity of what the priest was prepared to say. “I don’t know you, Mr. Collins. How- ever, I talked for hours with your old coach about his life and work. He was fond of you. You had great potential in the game of basketball. Still, what hap- pened to your athletic career does not give you a reason to turn your back on the Lord. It was a long time ago, but it was part of the plan.” Jake stared back at Father John. He was taken aback by the priest’s sudden forth- rightness. “Like you said, it was a long time ago,” Jake remarked. Father John removed his hand from Jake’s shoulder. “Long time ago or not, you must push on with the battle. Good struggles with evil everyday. It intervenes in our lives.” “You mean the Devil intervenes?” Jake mocked. “That he does. He tempted Jesus in the Wilderness. Do you not believe he would do the same to you?” Father John replied. Jake looked away in silence. The pointed approach taken by the priest was unexpected. Jake would be obli- gated, one way or another, to listen a little longer. “What would you say then to someone that turned his or her back on the Lord?” Jake asked to appease the priest. “I’d tell that person that God did not go anywhere. He has been with you the entire time,” Father John replied. Jake then asked, “What does one do if they have committed themselves to the Devil, then?” The priest raised his eyebrow, then said with his Louisiana drawl, “You are a lawyer, Mr. Collins, correct?” “Yes, sir.” “There is no deal the Devil can ever make with you or me that is binding in the courts above,” the priest replied. “You have a reference for that?” Jake asked, in jest. “There is therefore now no condem- nation to them which are in Christ Jesus, who walk not after the flesh, but after the Spirit. For the law of the Spirit of life in Christ Jesus hath made me free from the law of sin and death,” Father John said

with a serious tone. “Romans 8:1.” GETTYIMAGES.COM/ENROUTEKSM

2020 JUNE 45 “Only asking for a friend,” Jake said brought back memories. Memories un- Outlook calendar to find the number. The again with a smile. earthed by the coach’s departure. “I can’t phone rang twice. As the priest walked away, he turned keep this guy’s money,” Jake thought “Mr. Felt, this is Jake Collins.” to Jake and said, “God uses unexpected to himself. “Evening, Mr. Collins. Did you make people in unexpected places. Don’t ever He dribbled the ball behind his back your coach’s funeral today?” Will asked. forget that, Mr. Collins.” and moved up to take a shot from the “I did. Listen, I want to talk to you faded free-throw line. Jake knew that it about your case.” –6– was time for him to let the game of bas- “Did you see my brother there?” Jake stood in his old driveway, look- ketball go. He had another purpose in life. Will interrupted. ing up at the basketball hoop. The light To move on, he would let the game he “Your brother?” Jake replied, confused. from a floodlight shone down on the loved move on as well. He looked up at “Yeah, he is the new head basketball makeshift court. He dribbled the ball in the hoop in front of him and said to him- coach over there. I know he attended the front of him and tested the bend in his self, “I make this and I keep the cash.” funeral and spoke briefly at the graveside knees. The stiffness in his right knee As a boy, he envisioned taking game- service,” Will replied. gave resistance as Jake imitated his old winning shots all over this old driveway. “The coach had a lot of great people triple threat stance. Putting the ball on The crowd would go wild as time ex- there. I must have missed him, Will,” Jake the ground, he lumbered toward the pired, and Jake would be carried off on said as he connected the dots. basket and executed a smooth lay-in. He the shoulders of his teammates. “My brother was an assistant coach on stepped back behind the flowerpot at The 93 percent career foul shooter left Coach Weeks’ staff during his last season. the corner of the carport and launched it short. I told my brother about what happened to a shot toward the goal. The sweet Jake smiled to himself and picked up me up in Cordele, and he recommended I sound it made as it slid through the net his cellphone. He scrolled through his come to you. I guess the coach always said,

46 GEORGIA BAR JOURNAL GETTYIMAGES.COM/CODYGAMBRELL

‘If Jake Collins is half as good a lawyer as in the waiting room this morning with “Hey, is everything alright?” she said. he was a basketball player, no one will be her son.” “Everything is great,” he replied. “Do able to stop the guy in the courtroom,’” “You don’t have to do that,” Jake insisted. you want to come over to Americus and Will said. “I want to do it,” Will said. meet my mother this weekend?” There was silence as Jake looked “Well, I want you to visit Father John “What prompted this?” she said with out at the night sky. “I believe your here at St. Mary’s in Americus,” Jake began. a laugh. story, Will.” “He will provide you the counsel you need.” “I’ll tell you all about it,” he said. “What “I know you do,” Will replied. “Who is going to provide you with the do you think?” “I can’t keep your money, though,” counsel you need?” Will asked. “I’ll tell you next time I see you,” she Jake said. “I have someone in mind.” said, after a long pause. “I thought you might say that,” They hung up the phone and Jake felt “Bring your church clothes, Claire. We Will groaned. a weight lifted off of his shoulders. It was are staying through Sunday lunch.” l “I could spin some bullshit about the his first step in beginning to practice statute of frauds or tell you that I’ll stay with his soul. He dribbled the basketball on retainer if some guy named Luke files up and down the driveway. He listened as Joe Cargile is in his fifth a lawsuit in Crisp County alleging you the sound echoed off in the distance. He year of practice with had an agreement to split the lottery felt the purpose in his life that used to be Whitehurst, Blackburn & proceeds,” Jake said. “I am not going to tied to the game of basketball fade with Warren in Thomasville, Georgia. He is passionate practice that way anymore, though.” the sounds. He would find a new purpose. about representing clients facing “I appreciate your honesty,” Will He would find a new love. He pulled his criminal defense and personal injury replied. “Keep the money though. Ap- cellphone out and scrolled through the matters. He can be reached at ply it to that woman’s account who was contacts list. The phone rang three times. [email protected].

2020 JUNE 47 GBJ | Attorney Spotlight

A Conversation with Steve Berry

In this installment of the Georgia Lawyer Spotlight, Editorial Board Member Jacob E. Daly interviews attorney and best-selling author Steve Berry. BY JACOB E. DALY PHOTO PROVIDED BY STEVE BERRY PHOTO PROVIDED Steve Berry, at his home in St. Augustine, Florida, with a Tal-Lira, a traditional Maltese clock that he commissioned from a local clockmaker, whose family has been making these clocks since the 18th century. It is one of many items decorating Berry’s home that relate to the subjects of his books.

What was your experience at Mercer law judge, picking a jury. Needless to say, that Ninety-five percent of the fees were by school like? was quite an education. the job, not the hour. Small fees. But Law school was life-changing. I went in they added up with volume. “A lot of with perfect vision and came out wear- What type of practice did you have as a lawyer? a little, instead of a little of a lot,” was ing glasses. I was single as a freshman, I practiced in a small town, a street how I used to put it. married with a child by the third year. I lawyer, handling pretty much whatever was also part of the first class to occupy came through the door. The only ex- Why did you get into politics? How did you the school’s new building (a replica of ceptions were workers comp and bank- like life as an elected official? Independence Hall) up on the hill above ruptcy. I never did either. I stayed in Public service always intrigued me. So, Macon. Back then, law school taught court several days each week. Over 30 in 1988, I ran for the local school board you all about how to think, but almost years I handled thousands of divorces, and won. I served four years then gave nothing about how to actually apply that countless criminal defendants, personal the seat up. In 2000, I ran for the county thinking in the real world. Trial practice injury and every kind of civil litigation commission and won, serving until 2010 classes were then only in their infancy. So imaginable. But I also did the everyday when I resigned before moving from I graduated law school knowing next to stuff. Wills, corporations, real estate Georgia to Florida. I enjoyed being a nothing about how to practice law. Less closings, adoptions, landlord/tenant. county commissioner. I miss it. You can than 60 days later I was standing before a Anything and everything folks needed. make a difference in your community

48 GEORGIA BAR JOURNAL from a position like that. I encourage everyone to dedicate themselves to some sort of public service.

When did you first get bitten by the writing bug? The little voice in my head that told me “I learned the craft of writing amongst the to write (which every writer possesses) chaos of a working law office and constant started in the 1980s, but I ignored it. Finally, in 1990, I sat down and wrote distractions. To this day I still need those my first manuscript. It took a year and it distractions to keep going. Peace and quiet was awful. 170,000 words. That’s a lot of unnecessary words. From 1990 to 2002 drives me crazy.” I wrote eight manuscripts, five were sub- mitted to New York publishing houses, rejected a total of 85 times. It was on the 86th try, 12 years after I started, that I finally was in the right place, at the right time, with the right story, which was “The Amber Room,” published in 2003. Since then there have been 18 more been a big success (it remains my largest published novels. Four are standalones. selling novel). By 2007, I had a backlist Fifteen are in the Cotton Malone series. generating solid sales and a contract for new frontlist. Writing, and book pro- How did you balance practicing law and motions, were taking more and more of writing before you became a full-time novelist? my time. That’s when I did the math and I went in every weekday morning to my determined I was making more writing office and wrote from 7 to 9 a.m. No one than practicing law. So I quit in 2008. It ever saw me write my first dozen or so was utterly terrifying. I sold the office, manuscripts. I was always there alone. my library and all of the furniture and I made sure I worked those two hours, equipment. My clients found other law- Monday to Friday, trying to produce yers. Like Cortez and his ships, there was 1,000 words a day, no matter what. I no going back. Thankfully, the decision learned that if I maintained that pace, I worked out. could have a manuscript done in a year. I realized that if I ever managed to sell one Describe your process for writing a novel of the stories any publisher would want a from the development of an idea for a story book-a-year. So I taught myself the skill. to final publication. During the rest of the work day, if there It’s an 18-month process from start to was time, I would write a little here and finish. It begins six months before the there. At night, before bed, I did my re- writing starts, while I’m working on search for the next day’s work. I learned the book before. I do the preliminary the craft of writing amongst the chaos of research, sketching out the overall plot, a working law office and constant distrac- gathering some of the 300 to 400 books tions. To this day I still need those dis- that will eventually be used as sources tractions to keep going. Peace and quiet and outlining the first 100 pages. Once I drives me crazy. finish the novel I’m working on and turn it in, I immediately start the new one. Was there a particular moment that caused No break. No rest. Just right in. That’s you to decide to stop practicing law and to necessary since I need 12 more months become a full-time novelist? to continue the research and actually It was after “The Alexandria Link,” pub- write it to stay on schedule. My contract lished in 2007. I had five books out then calls for a book-a-year. I try to stay 50 and had achieved a moderate level of suc- pages ahead of myself with outlining, cess. “The Templar Legacy” (2006) had but it never works out. You always write

2020 JUNE 49 faster than you outline. But if I can main- Which one of your books is your favorite or History Matters was born. The most tain that process the book will be done the one you are most proud of? Why? popular choice has been our four-hour within the 12 months. It’s imperative I have to say, I love all 19 of my chil- writing workshop that we teach where on a working commercial fiction writer dren equally. There is no favorite. Each writers, aspiring writers and readers buy that they honor their contract and turn was created in its own right, with its their way in with a contribution. Usu- in their work on time. You’d be surprised own purpose. Each is likewise different, ally, that’s somewhere between $75 and how many don’t. standing on their own, separate from $200. All of the money raised from the the others, offering readers choices. I’ve workshop goes to the particular historical The protagonist in most of your novels is dealt with a wide range of historical pe- project we are there (in that community) a retired government lawyer/intelligence riods from ancient times, to the Middle to support. No expenses or appearance operative, Cotton Malone. Who or what was Ages, to the Cold War, to now. There fees are ever charged. In fact, we pay all your inspiration for creating Cotton? are domestic (American) stories and in- of those ourselves. So far, we’ve taught When I created Cotton in “The Templar ternational tales. Each is a modern day more than 3,000 students. Other ways Legacy” (2006) I incorporated a lot of thriller with an historical hook. Lots of History Matters raises money is through my own personality, which I allowed to action, history, secrets and conspiracies. meet and greets, speaking engagements, stay within him once the character took Something for everyone. But not to wor- galas, receptions, luncheons, dinners, club hold. Cassiopeia Vitt, his love interest, is ry. There is no need to read the 15 Cot- meetings or a cocktail party. In quite a few basically my wife, Elizabeth. Both char- ton Malone books in order. I write them communities these have worked well in acters, though, have changed a lot over so you can pick up the series anywhere conjunction with a workshop, as it allows the course of 15 books. You never want you would like. a broader base for both participation and your characters to remain static. Fictional contributions. “Whatever works for you,” personalities, like real life people, have to What elements of novel writing do you is History Matters’ motto. So far, we’ve grow and evolve. Cotton was born in Co- think lawyers should incorporate into their raised a little over $2 million for some 80 penhagen while I was sitting at a café in legal writing? historical preservations across the coun- Højbro Plads, a popular Danish square, The object of legal writing is to persuade. try and Canada. If anyone wants to know and that’s why he owns a bookshop there. That’s done by saying the same thing over more they can check it out on my website, I also wanted someone with government and over until it sticks. The object of writ- www.steveberry.org. ties and a background that would make ing fiction is to entertain and to say things him, if threatened, formidable. But I also only once. Those skills are quite differ- What do you read for pleasure? Who are needed him to be human, with flaws. I ent. And you never want to incorporate some of your favorite authors? gave him an eidetic memory, since who legal writing into fiction. That’s why my I read mainly history, as I go through wouldn’t like one of those? Back in 2006 first manuscript was 170,000 words long. those 300 to 400 sources I use on every I never conceived that he’d be around 15 I wrote it like a lawyer, saying the same novel. But for fun I’m a thriller junkie. I books later. I was just hoping we could thing over and over. It took me six years love anything by Dan Brown, James Rol- get one book out there with him and to get legal writing out of my head. On lins, Clive Cussler, Joseph Finder, Lee maybe another after that. But he’s sur- the other hand, using techniques from fic- Child, David Baldacci and just about any vived and people have come to like him. tion in legal writing works. Absolutely. It other working thriller writer today. I like That’s truly gratifying. loosens things up. Allows you to develop to pick and choose when I get the time to issues. Set the scene. Tell a story. And read purely for fun. l Do you have a long-term plan for Cotton, or who doesn’t like a good story? For sev- is his fate evolving one book at a time? eral years, I taught a CLE course across I just want him to keep going. And evolve. the country called “Put A Little Fiction Jacob E. Daly is of counsel The Cotton Malone from “The Templar Into Your Legal Writing.” It was fun and, with Freeman Mathis & Gary, Legacy” (2006) is not the same man as de- I hope, informative. LLP, in Atlanta and a member picted in “The Warsaw Protocol “(2020). of the Georgia Bar Journal I try to explore something different in his Tell us about your passion for history and the Editorial Board. He represents personality with each book. That way he’s work of your foundation, History Matters. private companies, government entities constantly expanding. New challenges Money for historic preservation is one of and their employees in personal injury bring to light new traits in his personal- the first things to be cut from any budget. litigation with a focus on defending ity, and it’s fun creating those. His next In 2009, my wife, Elizabeth, and I came property owners, management adventure is “The Kaiser’s Web,” which up with an innovative way to raise money companies and security companies in will hit stores in February 2021. for historic preservation, and that’s when premises liability lawsuits.

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The State Bar of Georgia’s 52 sections provide newsletters, programs and the Expand your chance to exchange ideas with other practitioners. Section dues are very network. affordable, from $10-35. Join one (or more) today by visiting www.gabar.org > Our Programs > Sections. Questions? Contact Sections Director Mary Jo Sullivan at Join a State [email protected]. Bar Section.

2020 JUNE 51 TO PLACE AN ANNOUNCEMENT Bench Contact Amber Rikard | [email protected] | 404-527-8736 &Bar

Kudos John O’Neal was appointed to the Clayton Coun- Hall Booth Smith, P.C., announced ty Board of Commissioners legal department as the addition of Meg Hatfield senior assistant county attorney. O’Neal will Yanacek as partner, Josanne Celes- serve as deputy to the county attorney, supervis- tine as of counsel, and Peter Skaliy, ing three other assistant attorneys and staff. Jack D. Summer and Lauren N.

YANACEK CELESTINE Wortman as associates. Yanacek’s practice focuses on defending acute HunterMaclean announced the retirement of care, skilled nursing, assisted living Andrew H. “Drew” Ernst, who spent his 43-year facilities, pharmacies and health care career at the firm. Drew started his HunterMa- providers at trial and appeal. Celes- clean career four days after graduating from the tine focuses her practice on defend- University of Georgia School of Law in 1977, and ing clients in a wide range of trans- he became a partner in 1981. Through the years, SKALIY SUMMER portation claims. Skaliy’s practice Ernst developed his expertise in environmental law, commer- focuses on workers’ compensation matters. Sum- cial real estate and industrial development, handling complex mer focuses his practice on defending clients in a permitting applications and regulatory compliance with the wide range of general liability matters. Wortman’s EPA and USACE Regulations Laws of the Clean Water Act. practice focuses on workers’ compensation dis- putes. The firm is located at 191 Peachtree St. NE,

WORTMAN Suite 2900, Atlanta, GA 30303; 404-954-5000; Fax On the Move 404-954-5020; www.hallboothsmith.com. IN ATLANTA Parker Poe Adams & Bernstein LLP announced Kessler & Solomiany LLC an- the addition of Alonzo Llorens as counsel. Llo- nounced the addition of Nancy rens’ practice focuses on corporate law and rep- Ingram Jordan as of counsel and resenting clients ranging from startups to For- Molly Teplitzky as an associate. Jor- tune 500 companies. The firm is located at 1075 dan’s practice focuses on family law Peachtree St. NE, Suite 1500, Atlanta, GA 30309;

JORDAN TEPLITZKY appeals and family law. Teplitzky 678-690-5750; Fax 404-869-6972; www.parkerpoe.com. focuses her practice on family law. The firm is located at 101 Marietta St., Suite 3500, Atlanta, GA Matthew Hollingsworth announced the launch 30303; 404-688-8810; Fax 404-681-2205; www.ksfamilylaw.com. of Hollingsworth Injury Law. His practice fo- cuses on plaintiff personal injury and wrong- Smith, Gambrell & Russell, LLP, announced the ful death litigation. The firm is located at 2020 addition of Tori M. Silas as a partner. Silas focuses Howell Mill Road NW, Suite D-338, Atlanta, her practice on technology transactions, cyberse- GA 30318; 770-330-3415; Fax 404-225-3978; curity and data privacy. The firm is located at 1230 www.hollingsworthinjurylaw.com. Peachtree St. NE, Suite 3100, Atlanta, GA 30309; 404-815-3500; Fax 404-815-3509; www.sgrlaw.com. Cohen & Caproni, LLC, announced the addition of Margaret A. Head as a partner. Head focuses Chamberlain, Hrdlicka, White, Williams & her practice on estate planning, probate litigation, Aughtry announced the addition of Jasmin Sev- trust and estate administration, tax planning and erino Hernandez as an attorney. Severino Her- business law. The firm is located at 750 Hammond nandez focuses her practice on trusts and estates, Drive, Building 7, Suite 200, Atlanta, GA 30328; working with private wealth clients to establish 404-252-8080; Fax 404-252-9324; www.cohenandcaproni.com. estate and business succession plans. The firm is located at 191 Peachtree St. NE, 46th Floor, Atlanta, GA 30303; 404-659-1410; Fax 404-659-1852; www.chamberlainlaw.com.

52 GEORGIA BAR JOURNAL Naggiar & Sarif LLC announced the election of William T. Davis to partner. Davis’ practice focuses on all areas of family law, including divorce, child Giving Back to Health Care support, legitimation, custody and adoption. The Workers and First Responders firm is located at One Ameris Center, 3490 Pied- mont Road NE, Suite 1450, Atlanta, GA 30305; 404-816-2004; Fax 404-816-2005; www.nsfamilylawfirm.com. Harris Lowry Manton LLP donated 500 box lunches to Atlanta health care workers and first responders on the front lines of the COVID-19 (coronavirus) crisis in April. IN MACON Over the course of five days, the meals were prepared James-Bates-Brannan-Groover-LLP announced and delivered by Empire State South, a midtown Atlanta the addition of Kathryn Willis as an attorney. restaurant, to various hospitals, police precincts and fire/ Willis’ practice focuses on general litigation and EMS locations throughout downtown and midtown Atlanta. trial, where she represents individuals, busi- “We want to give back to the people in Atlanta who are nesses and local governments in a variety of civil working hard to keep all of us safe during the coronavirus matters including business disputes, employment pandemic,” said Harris Lowry Manton LLP partner Jeff disputes, contractual disputes and probate matters, including Harris. “We also think it’s important to support workers guardianship/conservatorship matters and will/trust disputes. in the service industry who have been hit hard by the The firm is located at 231 Riverside Drive, Macon, GA 31201; economic effects of this public health crisis.” 478-742-4280; Fax 478-742-8720; www.jamesbatesllp.com. Additionally, in Savannah, Harris Lowry Manton joined forces with Nine Line Apparel to donate 1,000 protective Adams Law Firm announced the addition of masks to Savannah-area first responders serving on the Emily R. Wright as an associate. Wright’s practice front lines of the battle against the spread of COVID-19. Organizations receiving the mask donations included the focuses on personal injury, automobile litigation Savannah Fire Department, Savannah Police Department, and general torts. The firm is located at 598 D.T. Chatham EMS, Chatham County Sheriff’s Office and Walton Sr. Way, Macon, GA 31201; 478-238-0231; Chatham County Police Department. Fax 478-216-9188; www.brianadamslaw.com. This donation is part of Nine Line’s new “Masks for Heroes” initiative, a campaign focused on donating IN MARIETTA American-made protective masks to essential workers in Gregory Doyle Calhoun & Rogers the health care, first responder and military communities. LLC announced the addition of D. Harris Lowry Manton LLP is a partner in the Masks for Austin Gillis and Jenna Rubin as Heroes initiative. associates. Gillis and Rubin focus “As first responders, we are facing many challenges their individual practices on rep- during this pandemic, and one of the biggest problems we’re facing is the shortage of personal protective GILLIS RUBIN resenting education clients and advising school systems on em- equipment,” said Savannah Fire Department Chief ployment and special education matters; development and Derek Minard. “With the development of this mask, we oversight of policies and procedures; compliance with federal will be able to help stretch our resources for our various and state rules and regulations; and student matters and dis- agencies. We’re extremely grateful.” l cipline. The firm is located at 49 Atlanta St., Marietta, GA 30060; 770-422-1776; www.gdcrlaw.com.

IN SMRYNA IN WOODSTOCK Sharon Zinns announced the launch of Zinns Law, Stephanie Wilson announced the launch of LLC. Zinns’ practice focuses on asbestos litigation, Stephanie Wilson Family Law, L.L.C. Wilson’s representing mesothelioma and lung cancer vic- practice focuses on divorce and domestic rela- tims in Georgia and throughout the country. The tions matters. The firm is located at 2295 Towne firm is located at 2082 Westwood Road SE, Smyr- Lake Parkway, Suite 116-167, Woodstock, GA na, GA 30080; 404-882-9002; www.zinnslaw.com. 30189; 404-720-2970.

IN CHERRY HILL, NEW JERSEY Freeman Mathis & Gary, LLP, announced the addition of an office in Cherry Hill, New Jersey. The office is located at 3 Executive Campus, Suite 155, Cherry Hill, NJ 08002; 856-324- 8200; www.fmglaw.com.

2020 JUNE 53 GBJ | Office of the General Counsel

Pandemic Pandemonium: Don’t Forget the Basics

BY PAULA FREDERICK

“This is Mindy Jones, you’re handling my is poor communication. A few lessons divorce case,” the voice mail message be- from the CAP playbook: gins. “You said you’d call if we still have to go l First, if a client isn’t certain that you to court next week. I haven’t heard from you got their message, they are going to so I’m assuming we don’t. I sure don’t want to contact you again. And again. And go out if I don’t have to, so please let me know again. Acknowledge communication if you get this message.” promptly, even if it is just to say that You make a note of the call and start you need more time to fully respond. the next message. “Hello? Mr. Jones? I’m not sure you will get this message; I sent you a l Second, let clients, opposing coun- letter last week but didn’t hear back. . .” sel and potential clients know how Next call. “Hi, this is Ann Kramer. I was best to reach you during any period just calling to see if your office is open? I want of time when your physical office is some advice about a possible divorce. . . ” closed. Tell clients what to expect “Why doesn’t anybody just listen to the and give them whatever information outgoing message?” you wonder. Although you can about how the pandemic will you are teleworking right now, your voice affect their legal matter. mail provides all the information a caller l Third, provide information in a needs in order to track you down. And yet variety of formats and places, and the frantic calls keep coming. . . . update it as necessary. Your website Are there special requirements for and Facebook page should have the communicating during a pandemic? same up-to-date information as your Yes! People are anxious, and that anxi- outgoing voice mail message. If you ety extends to their pending legal matter. update your voice mail message but At the same time, lawyers may be check- forget to change the website, clients ing messages less often and devoting less will be unnecessarily confused. time to nonessential matters. Rule 1.4 re- If you have ignored the need to stay quires communication that is appropriate up-to-date on technology, you are no for the circumstances. In the extraordi- doubt regretting it now. But as you adapt nary circumstance of a global pandemic, to new and different ways of working, clients may require more handholding don’t forget the basics—return your cli- than usual. ents’ phone calls! l The Bar’s Client Assistance Program conducts much of its business by tele- phone, so it has continued with business Paula Frederick as usual even when the Bar building has General Counsel been closed. As usual, the number one State Bar of Georgia complaint clients have about their lawyer [email protected]

54 GEORGIA BAR JOURNAL DID YOU KNOW? CHECK IT OUT BAR The Lawyer Assistance Program www.gabar.org/LAP (LAP) and Georgia Lawyers Helping www.georgiaLHL.org Lawyers (LHL) are confidential BENEFITS programs that provide those in the legal profession with help Lawyer Assistance Program in life’s difficulties. Peer-to-peer & Peer Support Program programs and professional counseling are available.

Ethics dilemma?

Lawyers who would like to discuss an ethics dilemma with a member of the Office of the General Counsel staff should contact the Ethics Helpline at 404-527-8741 or toll free at 800-682-9806, or log in to www.gabar.org and submit your question by email.

2020 JUNE 55 GBJ | Attorney Discipline

Attorney Discipline Summaries

March 7, 2020 - April 6, 2020 BY JESSICA OGLESBY

Disbarments failed to file a motion for fees on her cli- vid Taylor (State Bar No. 940522) from ent’s behalf, failed to respond to the mo- the practice of law in Georgia pursuant Marc Celello tion for fees filed by her client’s ex-wife, to a notice of reciprocal discipline under 2870 Peachtree Road, Unit 140 failed to appear at the hearing on the issue Rule 9.4 (b) of the Georgia Rules of Pro- Atlanta, GA 30305 of fees, failed to respond to her client’s re- fessional Conduct. Taylor was disbarred On March 13, 2020, the Supreme quests for information regarding the bal- from the practice of law in Nevada on July Court of Georgia accepted the petition for ance owed from the remaining retainer 5, 2019. The Nevada Court determined voluntary surrender of license for attor- funds, failed to account for the unearned that Taylor misappropriated more than ney Marc Celello (State Bar No. 950497) balance and moved to Maine without $1 million of clients’ funds, commingled following his entry of a guilty plea in the providing contact information. Noriega- personal funds with clients’ funds and U.S. District Court for the Northern Dis- Allen failed to respond to the grievance opened numerous law firms with differ- trict of Georgia to conspiracy to commit or the Notice of Investigation, and the ent trust and operating accounts in order securities fraud in violation of 18 U.S.C. State Disciplinary Board found probable to mislead the Nevada Bar and his clients. § 371. Celello admitted that by this con- cause that she violated Rules 1.2 (a), 1.3, The Nevada Court also determined that viction he violated Rule 8.4 (a) (2) of the 1.4, 1.5, 1.15 (I), 1.15 (II), 1.16 (d) and Taylor entered into litigation-advance- Georgia Rules of Professional Conduct. 3.2 of the Georgia Rules of Professional ment loan agreements on behalf of his cli- The maximum penalty for a violation of Conduct. The maximum sanction for a ents without their knowledge or consent, Rule 8.4 (a) (2) is disbarment. violation of Rules 1.2 (a), 1.3, 1.15 (I) and used the funds for personal and business 1.15 (II) is disbarment, and the maximum expenses, and failed to repay many of the Marta Maria Noriega-Allen sanction for a violation of Rules 1.4, 1.5, loans. Taylor failed to file a response or 48 SHS CN 286 1.16 (d) and 3.2 is a public reprimand. In objection to the imposition of recipro- Augusta, ME 04333 aggravation the Board found the follow- cal discipline, and the State Disciplinary On March 26, 2020, the Supreme ing factors: dishonest or selfish motive, Review Board recommended that the Su- Court of Georgia disbarred attorney multiple offenses, substantial experience preme Court disbar Taylor. Marta Maria Noriega-Allen (State Bar in the practice of law and indifference No. 356678) from the practice of law in to making restitution. In mitigation the Georgia. A client hired Noriega-Allen Matthew A. Dickason Board noted Noriega-Allen’s absence of a 1801 Peachtree St., Suite 155 to represent him in a divorce and paid prior disciplinary record. Atlanta, GA 30309 $29,922.50 in retainer funds. Noriega- On April 6, 2020, the Supreme Court Allen initially provided monthly invoices of Georgia accepted the petition for showing she had earned $12,866 as of Andrew David Taylor 3841 W. Charleston Blvd., Suite 201 voluntary surrender of license for at- September 2014. After the divorce settled Las Vegas, NV 89102 torney Matthew A. Dickason (State Bar in September 2015, the parties agreed to On April 6, 2020, the Supreme Court of No. 220375). In his petition, Dickason have the trial court decide the issue of Georgia disbarred attorney Andrew Da- acknowledged that the State Bar had attorney fees; however, Noriega-Allen

56 GEORGIA BAR JOURNAL received numerous grievances about and costs as described in the Arizona his failure to account for fiduciary funds disciplinary order. “He who is his own lawyer placed in his trust account in connection has a fool for a client.” with various real estate closings. Dicka- son admitted that he failed to account for Review Board Reprimand such funds and that the failure to do so Muhammad Abdul-Warit Abdur-Rahim Warren R. Hinds, P.C. violated Rule 1.15 (I) (c) of the Georgia 860 Johnson Ferry Road NE, Suite 141 “An Attorney’s Attorney” Rules of Professional Conduct, which Atlanta, GA 30342 • Bar Complaints carries the maximum punishment of dis- On April 6, 2020, the Supreme Court • Malpractice Defense barment. The State Bar responded not- of Georgia accepted the petition for vol- • Ethics Consultation ing that there were 20 grievances pend- untary discipline filed by Muhammed Ab- ing against Dickason and asking that the dul-Warit Abdur-Rahim (State Bar No. Court accept the petition. 560822) consenting to a State Disciplinary Review Board reprimand for his disre- spectful and disruptive behavior in a crim- Suspension inal proceeding in which he represented Barry Wayne Rorex himself. Abdur-Rahim was involved in an 177 North Church Ave., Suite 1100 altercation with his father in September Tucson, AZ 85701 2017, and as a result was charged with On April 6, 2020, the Supreme Court family violence battery, third-degree cru- of Georgia suspended the license of Bar- elty to children and disorderly conduct. ry Wayne Rorex (State Bar No. 176530) At his April 2018 arraignment, Abdur- for a period of six months based upon a Rahim was unnecessarily argumentative similar suspension in Arizona. On June with prosecutors, used profanity, failed to 1303 Macy Drive 21, 2017, the Supreme Court of Arizona follow the instructions of the court and Roswell, Georgia 30076 ordered that Rorex be suspended for generally engaged in disruptive behavior. Call (770) 993-1414 six months and one day (retroactive to He conceded that his conduct violated www.warrenhindslaw.com Feb. 24, 2017) with conditions on re- Rule 3.5 (d) of the Georgia Rules of Pro- instatement based upon his violation fessional Conduct which carries a maxi- of disciplinary rules in 2014 and 2015. mum penalty of a public reprimand. In Rorex was found to have abandoned mitigation, Abdur-Rahim said he was the legal matters of three separate cli- suffering from personal and emotional ents, failed to adequately communicate problems at the time of the arraignment with those clients, failed to return the and later sought treatment for these clients’ files or unearned fees, and failed problems as well as apologized to the to respond to the Arizona Bar. In July judge and court staff and disclosed his 2019, the State Bar of Georgia issued a wrongful conduct to the State Bar and notice of reciprocal discipline pursuant State Disciplinary Board. The Supreme to Rule 9.4 (b). Rorex failed to respond Court also noted that Abdur-Rahim For the most up-to-date or file any objection to the reciprocal had no prior disciplinary history, and proceeding, and the State Disciplinary his disrespectful and disruptive conduct information on lawyer Review Board, noting that Rorex had appeared to be an isolated incident, and not yet been reinstated in Arizona, rec- agreed that a Review Board reprimand discipline, visit ommended that he be suspended from was appropriate discipline. l the practice of law in Georgia for six www.gabar.org/ months from the date of the Court’s order. The Court agreed, and ordered Jessica Oglesby recentdiscipline Rorex suspended for six months from Clerk, State Disciplinary Boards the date of the order with reinstatement State Bar of Georgia conditioned on proof of reinstatement in [email protected] Arizona after the payment of restitution

2020 JUNE 57 GBJ | Legal Tech Tips

Legal Tech TIPS

BY NATALIE R. KELLY AND MIKE MONAHAN

GETTYIMAGES.COM/INUENG

Microsoft 365 Remote sizes. Phone service with RingCentral has 1Work Resources been augmented with video and messag- https://bit.ly/2VMCqLq ing service to make for a complete com- Businesses using Microsoft 365 can get munications platform for users. The stan- help with their remote work setup at dard plan is $24.99 per user per month for the link above. Microsoft provides its the messaging, video and phone system 365 business users help with moving combined. The detailed phone call re- to the cloud using Office 365; setting ports are also extremely helpful to firms. up secure virtual offices and device security; and using collaboration, vid- eoconferencing and document sharing tools like Microsoft Teams, OneDrive and SharePoint.

Switching from G Suite Zoom Breakout Rooms 2to Office 365 4Everyone’s “Zooming” these days. https://bit.ly/35gDASA To go further with Zoom, you can or- If you have been a Google G Suite user chestrate even more flexibility as you but have decided to move to the on- conduct online meetings by using the line version of Microsoft’s Office Suite, program’s breakout rooms. Partici- you will need to know how to make pants can navigate to separate sessions the switch. Microsoft provides detailed while the main meeting is taking place, steps just for this at the link above. while Zoom meeting administrators have the ability to move from breakout room to breakout room. Besides being RingCentral useful for subcommittee work during a 3www.ringcentral.com longer meeting, these breakout rooms Known historically for its phone service, are being used for online negotiations RingCentral has created a full communi- during mediation and client confer-

GETTYIMAGES.COM/SUSIE HEDBERG cations hub online for businesses of all ences during depositions.

58 GEORGIA BAR JOURNAL Free Videoconferencing Photos App as Video Editor ure it to have open programs dedicated 5Services (Besides Zoom) 8Who knew you could use the Win- to work on specific tasks. The settings If you are looking for alternatives to dows 10 Photos App to edit video clips? allow you to show the same taskbar as Zoom, you’re in luck. For a limited time, We did not realize how handy this tip your main desktop and choose whether both Adobe and Cisco are offering their was until it was necessary for us to make you want the new desktop’s applications online meeting services, Adobe Con- edits to Zoom recordings, and we didn’t to show if you use the ALT+TAB short- nect and Cisco WebEx, at no cost. Visit have immediate access to the program cut to open active windows. their respective websites to grab an ac- we used in the past. We were forced to count and start meeting online. And, look to our local machine for answers, as with any online videoconferencing and the Windows 10 Photos App de- Testimonial service, be sure to work through all of livered. You can pull in video files and the security and setup options before- edit them using drag and drop and sizing hand to make sure you are conducting a functions to capture exactly what you secure meeting. need in your video.

Curricula Microsoft Word Focus Mode 6www.getcurricula.com 9Focus Mode takes away all menus Curricula is a Georgia-based cyber aware- and places your Word page on a blank ness training company that offers custom- background screen so you can concen- built cyber security awareness training trate only on what is in front of you. This Yolvondra Martin-Brown modules to firms. The modules are de- is useful for drafting and longer writing The Martin Law Group, LLC signed to help users understand and avoid sessions requiring more attention to the cybersecurity risks, and includes modules production of the document. The setting The Many Benefits of RingCentral like the timely COVID-19 phishing tests is found under the View menu’s Immer- Talk about savings! RingCentral’s for remote employees. sive section and can be added to the Sta- plan with “unlimited” features offers tus Bar (area at the bottom displaying the a significant savings compared to page number) for easier access. Bonus tip: competitors. You can make a call Facebook Ads Guide You can right-click on the Status Bar and from your desktop, desktop phone or 7www.facebook.com/ customize it with things like Focus and any mobile device while maintaining business/ads-guide Line Number, too. Note: Focus Mode is a your privacy; plus, RingCentral Facebook has been busy in its business setting only available to Microsoft Office integrates with Office 365 and other resources space. There are a wide ar- 365 subscribers. popular software and has 24/7 ray of useful tools for business owners, customer support. including an especially useful guide for developing ads for Facebook Business Windows Virtual Desktops pages. The individual modules cover ba- 10Working at home may mean you sic setups for ads as well as information do not have the same amount of space, or on marketing to target audiences. The you lose your setup with multiple moni- resources help users with the proper tors. If you need additional space work- format for ad specs such as dimensions, ing from a computer using Windows file sizes and character limits, and with 10, create more with Virtual Desktops. placement for ads on its platforms. Find Users can create a new desktop via the it on the Facebook for Business page at Task View option; just right-click on the link above. the Windows Taskbar. You can config-

2020 JUNE 59 GBJ | Law Practice Management

Ten Effective Marketing Tips for Uncertain Times

In these challenging times, it is important to adjust your marketing strategies to continue to grow your business. The Law Practice Management Program hopes these tips will help you re-imagine your marketing practices. BY NATALIE R. KELLY

Building business during a pandemic tion about what your practice is doing or is is different and challenging. If you are planning to do during this uncertain time. concerned that current or potential cli- Discuss options and share useful resources ents can’t find you now that you are not and information that speaks to situations physically located in your brick and mor- where you may be able to help. Simply tar office, or if your online presence just showing you care and are available as a re- isn’t there yet, the following tips may source can be a great benefit by encourag- help you adjust and find a more effective ing those past clients to keep you at the top approach to marketing your services. of their mind for direct legal services and as a referral to those they know.

Continue to Be Yourself in 1Marketing Offer Multiple Ways to Unless you have launched a new brand- 3Communicate ing campaign or have reinvented yourself Client portals, of which I wrote about in and your practice since the onset of the the February 2020 issue of the Georgia pandemic, continue to be yourself when Bar Journal, and email, texting and even marketing your firm and services. Check DM (direct message) contact are likely to to see if your messaging is still effective by be used more regularly now that we are monitoring your intake level. Of course, practicing social distancing and working the economic hardships are affecting the remotely. Be sure that you are easily ac- numbers, but you can still make sure your cessible through a number of different marketing is reaching your target audi- channels. The variation can be stream- ence and that your message conveying lined for management, making sure you who you are, what your firm does and can be contacted from wherever clients how you can provide a unique service is or potential clients may be. It can mean clear to potential clients. Simply continue new business possibilities reach you more to be yourself. readily than the competition.

Check on Past Clients Keep Your Contact 2One set of contacts you can work from 4Information Front and Center to develop new business is past clients. Plastering your number, email address or

Reach out to them with useful informa- social media handles over your various GETTYIMAGES.COM/MARCHMEENA29

60 GEORGIA BAR JOURNAL marketing channels can direct potential work for others can lead to referral busi- what you have been accomplishing and clients to you faster than ever before. ness you might not otherwise receive. how you can help. Monitor traffic and Don’t make people hunt down informa- use site analytics to spend more time and tion that should be at their fingertips if attention on areas that are gaining more they have an interest in your services. Get to Work in State Bar traction with impressions (numbers of Move contact information to key loca- 7Sections and Committees touches from users from clicking on and tions, and even revisit signature blocks on With so much to do, it takes a village. spending time at the various elements reply emails. You can use contact infor- Villages exist within the State Bar in our within your sites and channels). Get help mation space to broadcast meeting avail- sections and committees. Become active from web developers and marketers as ability with a link to your online calendar; and contribute to the important work of needed to embrace the space where ev- share when your physical office will re- the State Bar through these entities. You erybody is currently going for informa- open; and even communicate when’s the can join a section at any time of the year. tion and to research service options. best time to reach you, generally. Put the Pick one or more that match up to your information in voicemail messages, too. practice interests. Committee members Keep your information up to date and are appointed by the president-elect each Adopt New Networking front and center. year, so you if you have an interest to 10Models serve, communicate it to Bar leadership. With social distancing in place, gather- Learn more about the opportunities to ings and handshakes have been forever Update Your State Bar serve from the State Bar’s website. Your impacted and altered. Adjust by making 5CloudLawyers Profile willingness to serve will be noticed, and new connections differently. Update your Bar members receive free basic enhance- you can network with other attorneys LinkedIn and other social media pro- ments to the State Bar’s Member Directory who may become a referral source for files. Use online social media channels with CloudLawyers. Log into your State your business going forward. to attend virtual happy hours, lunches or Bar membership account and update your other events, and follow up via emails, CloudLawyers profile to reflect your prac- texts, online videoconference meetings tice areas, share your availability to new Reset Your Marketing Budget or phone calls—remember those! Broaden clients and direct members of the public to 8Budgeting during a pandemic is your presence and monitor who you’ve you from the Find a Lawyer option from challenging to say the least. For market- reached. Stay in touch and keep intro- the State Bar’s website. Members can se- ing budgets, it is no less complicated. ducing yourself to others. If you choose lect up to three practice areas; add a profile Begin by making sure you have assessed to reinstitute in-person networking, be photo; opt to show you are accepting new where your marketing spend currently sure to follow health guidelines for social clients; and link your membership email stands, and whether you will be able to distancing during the pandemic. to your profile record for direct contact recoup any refunds based on campaigns Certainly, times have become chal- from the public. Remember that these en- thatnmay not be able to proceed due to lenging. And unless you are working in hancements are free, but you have the op- the pandemic. For ongoing campaigns, practice areas automatically getting busi- tion to purchase an upgrade, which allows be sure to track reach and analyze their ness during the pandemic, you will need for listing unlimited practice areas and effectiveness for determining return on to adjust your marketing strategies. If you other functionalities. investment. Reset the budgets to reflect need assistance beyond any of these tips, new audiences you look to reach or new feel free to reach out to the Law Practice opportunities that may have arisen with Management Program for more informa- Do Pro Bono Work the onset of the pandemic and its impact tion and ideas. l 6During these uncertain times, con- on your target audience. sider giving back through pro bono ser- Natalie R. Kelly vice. Everything you need to get started is available through the State Bar’s Pro Bono Embrace Social Media Director, Law Practice Management Resource Center, as well as Georgia Advo- If you have a social media presence, State Bar of Georgia 9 cates, www.GeorgiaAdvocates.org/GOJC. then use it more for outreach about your [email protected] Navigate there to start volunteering. Your work and activities. Ethically show off

2020 JUNE 61 GBJ | Member Benefits

Member Benefits and the COVID-19 Pandemic

The State Bar of Georgia and its various programs, initiatives and member benefits providers are available to lend support during this time of personal and professional uncertainty. BY SHEILA BALDWIN

The year 2020 began with unusually from the governor, from the courts, from challenging problems as the COVID-19 the president, member resources, CLE in- virus spread across the globe. Georgia’s formation, Office of the General Counsel first cases were reported on March 2, and a running list of cancelled/rescheduled and by mid-March companies were State Bar meetings. The accompanying shutting their doors and setting up work links are dated and refreshed to provide from home procedures where possible. relevant and reliable information. Abruptly shifting work from office to State Bar COVID-19 Resources directs home isn’t easy, particularly with a pro- you to a page full of resources for Georgia fession that’s as complex as the law. The lawyers. Here you can access information State Bar of Georgia and its various pro- and guidance on a wide range of topics grams, initiatives and member benefits presented by local, state and national orga- providers are available to lend support. nizations, in addition to member benefits This article will cover pandemic-related offered by the State Bar and ways to help news and information, where you can those less fortunate. Visit this page to ac- find it and how to get in touch with cess business and financial resources, gen- those who can help. eral office management/working virtually resources, mental health resources, ways to aid Georgia’s legal services organizations COVID-19 Updates & Resources and additional law practice management Our communications team quickly added resources. Information and categories are a robust pandemic resource page to the added as they are made available. Bar website at www.gabar.org, providing easy-to-find information to assist both our members and the public whom we serve. Lawyer Wellness Visit COVID-19 Updates & Resources, Before the coronavirus was part of our located under Recent News from the Bar, daily lives, the State Bar’s Attorney to access both the Updates and Resources Wellness Committee was on the case, pages. The State Bar COVID-19 Updates promoting various health and wellness page has links to important information initiatives under through the Lawyers

organized by categories: public resources, Living Well website. Their key objec- GETTYIMAGES.COM/FRENDER

62 GEORGIA BAR JOURNAL There’s still a great deal of uncertainty as businesses begin to transition back to pre-pandemic routines. The State Bar of Georgia and the companies that provide member benefits will continue to update resources and respond to the needs of our members.

tive is to make sure our members know email [email protected] to learn more. can be found on their COVID-19 resource about resources already in place. As the LPM member benefits coordina- page at www.fastcase.com/covid19/, in- The Lawyer Assistance Program, fea- tor, I have been privileged to work closely cluding data from Littler, Docket Alarm, turing six pre-paid counseling sessions with three companies that have been pro- Bloomberg Law, sixfifty and AILA. per calendar year, is available to all of our viding valuable products and services to members at no cost and completely con- our members for a number of years: Mem- CloudLawyers fidential. Call 800-327-9631. ber Benefits, Inc., Fastcase Legal Research The current public health crisis has re- SOLACE provides a touch point for and CloudLawyers. During this uncertain sulted in an increase in how the public is you or someone in the legal community in time, they have gone beyond their normal utilizing the internet and online services, need of help: just email SOLACE@gabar. offerings by adding value in some special underscoring the importance of pro- org. If it is determined that the need falls way to serve our members better. viding access to legal service providers. within the parameters of the program, the CloudLawyers is a benefit that gives our information will be shared with one of our Member Benefits, Inc. members the power to manage their on- Bar members who will follow up and work Member Benefits, Inc., developed the line presence while helping our Bar create to coordinate/provide assistance. Private Insurance Exchange for State Bar a strong national lawyer search network. Lawyers Helping Lawyers is a volun- of Georgia to provide our members ac- Find a Lawyer is the publicfacing side of teer peer support program created to give cess to the best health, dental and vision the network that serves consumers in an additional tools to members who might insurance, as well as a number of other effort to improve access to legal services benefit from a peer-to-peer conversation products. In response to the COVID-19 while keeping within ethical guidelines. with someone who has experienced a pandemic, they offered all State Bar of CloudLawyers offers a variety of market- similar situation or condition. Georgia members a complimentary sub- ing ideas listed on our attorney resource Visit www.lawyerslivingwell.org for scription to telehealth services though the page. Take a few minutes to enhance information and access to these programs end of May, and are currently offering your existing directory profile by adding a and other wellness initiatives. COVID-19 payment grace period exten- photo and up to three specialty areas from sions upon request. If you are experienc- your Bar account. Need help? Contact ing a qualifying life event and are in need the CloudLawyers help desk at support@ Law Practice Management of health insurance coverage, contact a zeekbeek.com or 844-899-9335. Program and Member Benefits counselor online or call 800-282-8626. There’s still a great deal of uncertainty The Law Practice Management Program as businesses begin to transition back to (LPM) is a member service designed to Fastcase Legal Research pre-pandemic routines. The State Bar of help all Georgia lawyers and their em- Our long-time free legal research partner Georgia and the companies that provide ployees with all aspects of running a has created a COVID-19 resource hub re- member benefits will continue to update successful firm. The Georgia shelter-in- plete with free legislative and government resources and respond to the needs of our place order changed the way attorneys updates and COVID-19 content across members. Stay tuned to the website and do their work, and LPM is particularly leading news media sources. In addition to our social media channels, and feel free well-positioned to help firms adjust and the standard Fastcase webinars, they have to call or email staff with any questions. l succeed while working remotely. We introduced a series of non-CLE approved offer collaboration tools for lawyers, webinars focused on learning more about including a checklist for opening a vir- the COVID-19 pandemic and how it per- Sheila Baldwin tual law office and resources that speak tains to the legal and legal tech industries. Member Benefits Coordinator to working from home. You can explore Access to resources not normally available State Bar of Georgia this resource at www.gabar.org/lpm, or in the State Bar of Georgia subscription [email protected]

2020 JUNE 63 GBJ | Attorney Wellness

The Benefits of Counseling

Attorney Megan Murren Rittle shares how she dealt with anger, grief and shame after a difficult life event by seeking professional counseling, available through the Lawyer Assistance Program.

BY MEGAN MURREN RITTLE GETTYIMAGES.COM/KATARZYNABIALASIEWICZ

As I sat down to write this article, I Georgia lawyer with six counseling ses- right. I avoided telling anyone who did not had been in quarantine for 11 days. Elev- sions per calendar year with an indepen- need to know; I especially wanted to hide en long days, and then Gov. Kemp issued dent, fully-licensed counselor. The ses- my shame from anyone in my firm. I was an executive order extending quarantine sions are provided at no cost to the lawyer afraid that having a life crisis would result for at least 10 more days. and are completely confidential. in work drying up and the end of my ca- The first time I saw the movie “Cast- According to the American Psycho- reer. If I lost my marriage and my career, I away,” I envied Tom Hanks’ character. logical Association, research suggests that felt I would have nothing. What a treat it would be, I thought— therapy effectively decreases patients’ de- During this time, I was second chair solitude; no work; every night is Friday pression, anxiety and related symptoms— on a case in a county several hours away night, and every day is Saturday. I also such as pain, fatigue and nausea. Therapy from my office, so I took a lot of long wholeheartedly believed that I had the has also been found to have a positive effect rides with the senior partner of my firm. mental fortitude to endure four years of on the body’s immune system. Research He was 70 years old and had practiced law solitude. Now, given my current situa- increasingly supports the idea that emo- for nearly 40 years, developing a reputa- tion, I am not so confident. tional and physical health are very closely tion as a hardnosed bulldog who did not Quarantine has shown me a side of linked and that therapy can improve a per- take [insert explicative] from anyone. On myself that I have not seen before. I am son’s overall health status. One major study one of our long rides, he ferreted out that anxious. I am worried. I am irritable. I showed that 50 percent of patients notice- I would shortly be divorced. He offered feel isolated and suffocated at the same ably improved after eight sessions while 75 kind words about the difficulty of mar- time. My wonderful husband, who is the percent of individuals in therapy improved riage and condolences for my feelings, most optimistic person I know, is taking by the end of six months.1 and left it at that. my mood swings in stride and offering Several years ago, I went through a A few weeks later, I found him in the unwavering support, which is adding divorce. Although the divorce was ami- break room of our office eating his lunch guilt to the litany of negative emotions I cable, I was still experiencing a lot of an- when I came in to refill my water bottle. feel, because I think I should be positive ger—with myself, my ex-husband and the He asked me how I was doing. I probably and optimistic. I need help. I can’t do this world (especially all those happy couples said something like, “Oh, I’m just dandy!” alone. I can’t expect my husband to shoul- who seemed to have it all figured out). I Like many in our profession, I am adept der his burdens and mine, too. also experienced grief for the loss of our at cultivating a perception that I’ve got Thankfully, I have a resource and so do marriage and the loss of the life I thought I everything under control. you. The State Bar of Georgia’s Lawyer would have. Worst of all, I felt so ashamed I’ll never forget how he put his fork Assistance Program has a great resource that I had failed at something I thought down, turned and looked at me and said, called Use Your Six, which provides any should have been the one thing I could get “No. How are you doing?”

64 GEORGIA BAR JOURNAL In the silence that followed, my tear from a woman curled up in a comfortable adolescent and family issues, etc. Before ducts betrayed me, and I finally said, “Not armchair with a hot cup of tea. The room embarking on the journey, it is important good. I am angry. And I am sad.” Then, he was relaxing and judgment-free. to do the research and find a good fit. asked me the most important question that On the first visit, the psychologist asked For anyone who reads this, I hope you anyone asked me throughout that entire me a few questions. The purpose of the will consider your own needs. I hope you process, “Are you talking to anyone about questions was to determine whether I was will consider talking to someone (who this?” Seeing an opening for humor (and to experiencing depression, anxiety or any doesn’t have a personal stake in your escape) I told him, “Oh yeah. I talk to my substance abuse issues. I was not; however, cares) to discuss your anxiety and fears, mom and sister every day, ad nauseam.” I was experiencing a lot of anger, shame especially in these uncertain times. I also “That doesn’t count,” he replied. “They and grief. Plus, I had a lot to mentally un- hope that you will consider the people have a stake in it. You need to talk to pack. Over the next year and half, I did a lot around you, especially the people who someone who doesn’t have a stake in it.” of talking, my therapist did a lot of listen- work for you. They may need help but are He then proceeded to tell me about his ing and I learned a lot about myself. afraid of being perceived as weak. They own experiences with counseling and of- I never would have expected the bull- may need your permission, or maybe fered a few referrals. dog senior partner not only to give me per- even your insistence. l A few weeks later, he called me down mission but insist that I seek mental health to his office. Like always, I took my pen help. In fact, I thought that he would have and notepad with me, ready to take on judged me weak, stopped giving me work Megan Murren Rittle is a a new challenge. When I sat down, he and probably found a way to show me the partner at the law firm of asked if I had gone to see a counselor yet. door. Would I have gone if he had not sug- Smith, Welch, Webb and Of course, I had not. He said again that I gested I go, and then insisted I go? No. White, LLC, practicing in the education and general civil needed to go. So, I went back to my office, Counseling was successful for me in litigation groups. She is an and I made my first appointment with a part because I jumped in and participated avid runner and swimmer, and her therapist. It was the best thing that I did fully, but also because my counselor was a favorite food is sushi or ice cream. for myself during that season of life. great fit for me. Like lawyers, every coun- Rittle lives in Atlanta with her Going into counseling, I imagined my- selor has a different style. Most counselors husband, Tom, and their fur babies. self as Betty Draper of “Mad Men,” lying will describe their style on their website or Endnote on a hard chaise, facing a wall, as a strang- will give you a description before you make 1. American Psychological Association. er sat behind me, silently judging. To my an appointment. Many counselors special- (2019). “How to Find Help Through surprise, I got to sit on a comfy couch, ize in certain areas, such as marriage and Seeing a Psychologist.” http://www.apa. with lovely decorative pillows, across divorce, substance abuse, eating disorders, org/helpcenter/therapy.

2020 JUNE 65 GBJ | Writing Matters

Getting Good at the New Norm: Writing Briefs and Motions for Screen Readers

Electronic documents and screen reading will certainly be a part of the new norm on a greater scale than before. Learn about possible concerns, strategies and additional resources on how to get good at what appears to be the new norm. BY DAVID HRICIK AND KAREN J. SNEDDON

In a few past installments of “Writ- sion. Paper readers were more accurate in ing Matters,” we discussed the studies their self-judgments.”3 That difference is that have shown that readers receive in- critical because the reader may not recog- formation differently, and typically less nize that more effort is needed than with efficiently, when reading from a screen reading paper: “people who overestimate than from text on a physical page of pa- their abilities are likely to put in less ef- per.1 Given that the courts have moved to fort. The less effort a person puts into a eFiling, and some have recently banned reading passage, the less they are likely any paper submissions due to the CO- to comprehend. That’s because reading VID-19 pandemic,2 this installment of comprehension, like all learning, isn’t “Writing Matters” summarizes the con- easy and requires work.”4 cerns that may arise when preparing a Other studies show that we look at the brief or motion that will likely be read text differently based upon the medium exclusively by the judge on a screen. This of communication. Specifically, one study installment also describes some strategies showed that for printed text, we read to address those concerns and provides across each line then down the page. For additional resources on how to get good screen-based text, the readers’ eyes fol- at what appears to be the new norm. low an “F” pattern, and the reader reads “a paragraph’s topic sentence fully (and horizontally) with diminishing returns The Known Differences farther down the paragraph.”5 That same Between Paper- and Screen- study showed screen readers—despite the based Communications fact that they have less reading compre- Several studies have analyzed the differ- hension—take less time to read.6 ences between paper- and screen-passed Finally, the tactile experience of paper communications. While the jury is to affects the reader’s retention of the text. some extent still out, the consensus so When reading on paper, readers often far is something that litigators should remember where an argument, idea or consider: “Screen readers consistently authority physically appeared in a paper 7 overestimated their reading comprehen- text. “For instance, we might recall that GETTYIMAGES.COM/ROWENJORDAN

66 GEORGIA BAR JOURNAL the majority opinion stated its holding in l short, strong topic sentences; Program at Mercer is among the best in the nation. the right-hand corner at the top of the l concise summaries of the arguments page below headnote five.” But, “in con- and facts; trast, digital text gives far fewer physical Karen J. Sneddon is a l more meaningful headings and sub- cues to the reader.”8 Thus, the lack of a professor of law at Mercer headings to provide better visual tactile page may mean that the screen University School of Law. roadmaps; reader has less recall of specific ideas, facts or arguments from the text. l more diagrams and pictures, both to assist in comprehension but also to do the work that the reader might Endnotes Improving Screen Writing otherwise be doing in the margins if the text were on paper; 1. Karen Sneddon & David Hricik, Writing Despite the challenges with screen Matters: What e-Filing May Mean to Your reading, we all know that an increas- l fonts such as Century Schoolbook, Writing, Writing Matters, 23 Ga B.J. 79 ing amount of text is read exclusively Garamond and Georgia, because (April 2018); Jennifer Murphy Romig, on screens. In addition to our earlier these serif typefaces make long pas- Writing Matters: Georgia Judges on iPads: installments of “Writing Matters,” there sages easier to read and understand;11 Brief-Writing for the Screen (Part One) are several articles that describe ways 20 Ga. B.J. 58 (April 2015); Jennifer l lists (like this one) with one line per to improve screen-based communica- Murphy Romig, Writing Matters: item; tions.9 The following are compilations of Georgia Judges on iPads: Brief-Writing common suggestions from us and those l additional white space; and for the Screen (Part Two), 20 Ga. B.J. 44 (June 2015). other writers. l left alignment (as opposed to fully 2. E.g., Continued Modifications of The need for a few changes arises from 12 justified) text. Court Operations (Fed. Cir. March the nature of electronic (also called digital) In addition to avoiding these nega- 20, 2020) (available at http://www. texts. For example, because links in text tive aspects of screen-based texts, good cafc.uscourts.gov/sites/default/files/ are often underlined, it is best to avoid us- screen writing requires leveraging tech- rules-of-practice/Administrative- ing underlining as a means to emphasize nology to enhance reading. For example, Orders/AdministrativeOrder- text, opting instead for either italics or ModifiedOperations-03202020.pdf). using “bookmarks” in an Adobe PDF file bold (but not both in the body of a text!). 3. Jill Barshay, Evidence increases for reading allows for easier navigation than with a Similarly, instead of merely putting page on paper instead of screens (Aug. 20, 2019) paper document.13 Likewise, hyperlinking numbers, use the format of “1 of __” pages: (available at https://hechingerreport. to documents (such as trial testimony or a reader of a brief can tell how far into it she org/evidence-increases-for-reading-on- cases cited in the brief) may be a useful is, but that awareness is not apparent from paper-instead-of-screens/). tool—if it is done in a way that does not 4. Id. viewing an electronic file. “With a paper confuse the reader as to how to return to 5. Jakob Nielson, F-Shaped Pattern For document, we sense our approximate loca- the brief itself. Reading Web Content (Apr. 16, 2006). tion in the document: We know, without 6. Id. conscious effort, whether we are near the 7. Ferris Jabr, The Reading Brain in the 10 beginning, the middle, or the end.” Using Conclusion Digital Age: The Science of Paper Versus “1 of __” thus gives context that otherwise Screens, Scientific American (Apr. 11, 2013). As we write this column in mid-April is lacking—and its absence may be distract- 8. Rory Cosgrove, Effect of Digital 2020, it is difficult to see exactly how ing, the reader thinking, “Am I almost Reading and Writing Appellate Briefs different many aspects of life will be as a done yet?” Likewise, footnotes should (Feb. 16, 2018) (available at https:// result of the COVID-19 virus. But, even be avoided because they cause the text to www.carneylaw.com/effect-of-digital- if things returned to the way they were either scroll to the footnote or to jump technology-on-reading-and-writing- at the end of 2019, electronic documents appellate-briefs/) (citing Mary Beth to it, causing disorientation not present and screen reading will certainly be a part Beazley, Writing (and Reading) Appellate with ordinary paper. of the new norm and more likely a greater Briefs in the Digital Age, 15 J. App. Prac. Other strategies arise from the fact that part. We hope this installment of “Writ- & Process 47, 49 (2014)). screen readers spend less time engaging ing Matters” provides you confidence that 9. Id. with or reviewing the text. Again, many 10. Beazley, supra note 8. you will be ready for that challenge. l screen readers follow the “F” pattern, 11. Cosgrove, supra, note 9. and yet believe they are comprehend- 12. Id. 13. Adobe’s instructions on how to create ing more than they actually are and less David Hricik, a professor of bookmarks is available at: https:// than when reading paper. The following law at Mercer University helpx.adobe.com/acrobat/using/page- strategies can be used to overcome this School of Law, has written a thumbnails-bookmarks-pdfs.html. particular shortcoming: number of books and articles. The Legal Writing

2020 JUNE 67 GBJ | Professionalism Page

21st Annual Justice Robert Benham Awards for Community Service

The Chief Justice’s Commission on Professionalism is pleased to recognize lawyers and judges who have made significant contributions to their communities, demonstrating the positive contributions of members of the Bar beyond their legal or official work. BY KARLISE Y. GRIER

When you hear Justice Robert Benham oring lawyers at the 21st Annual Justice (retired) speak about the involvement of Robert Benham Awards for Community lawyers and judges in community service, Service ceremony on March 14 in At- you immediately understand why he says lanta, an event that would give the legal he has “been rabid” about the topic. In community an opportunity to honor an his view, community service is a way of exceptional group of lawyers and judges transforming how the public—and law- who volunteer in numerous ways in yers—views the role of lawyers in our the community. Additionally, attendees society. In 2019, Justice Benham recalled were to hear Justice Benham speak fol- that the Chief Justice’s Commission on lowing his retirement from the Supreme Justice Benham believes Professionalism established the Awards Court of Georgia on March 1, 2020, after that when lawyers for Community Service in his name be- 30 years of service. Unfortunately, due cause “we wanted the community to see to the public health crisis brought about become involved in their lawyers as servants of the community. by the COVID-19 pandemic, the com- communities, lawyers We’ve encouraged lawyers to become in- mission canceled the ceremony in order volved with the boy scouts, the girl scouts, to ensure the health and safety of every- have a better feeling the civic clubs, the business leagues, and one involved. At the time of writing this about the practice of become part and parcel of the commu- article in April, a statewide shelter-in- nity.” When lawyers become involved place order was in effect, and it appeared law and the community in their communities, Justice Benham likely that the order would be extended. has a better feeling believes they have a better feeling about Therefore, the commission had not yet the practice of law, and the community discussed or made plans for a resched- about lawyers. fosters a better feeling about lawyers. uled awards ceremony. Since 1998, the commission has pre- sented the awards to honor Georgia law- yers and judges who have made signifi- Award Recognition cant contributions to their communities While we are currently unable to predict and demonstrate the positive contribu- when a rescheduled awards ceremony will tions of members of the Bar beyond their occur, the commission is moving forward legal or official work. The commission with recognizing these individuals here so planned to continue its tradition of hon- as to provide readers with uplifting and

68 GEORGIA BAR JOURNAL Justice Robert Benham, Supreme Court of Georgia

1990-2020 REPORT BY JOHN DISNEY, THE DAILY PHOTO PROVIDED positive news during this unprecedented time in our lives. The recipients of the 2020 Justice Rob- ert Benham Community Service District THANK YOU TO OUR Awards are Donarell Rhea Green IV, Athens; Hon. Robert Dale Leonard II, Marietta; Rita C. Spalding, Brunswick; SPONSORS Jennifer Leigh Weizenecker, Atlanta; Connie L. Williford, Macon; and Sally Quillian Yates, Atlanta. The Lifetime Achievement Award for Community Service recipients are Thomas William “Tommy” Malone (posthumous- Gold Friend ly), Atlanta, and Jacqueline L. Payne, Mar- GreenbergTraurig Bryan Cave Leighton Paisner ietta. The Lifetime Achievement Award Georgia Defense Lawyers is the highest recognition given by the Silver Association commission and recognizes a lawyer or a Jones Day judge who, in addition to meeting the gen- Kilpatrick Townsend Supporter eral criteria for the Justice Robert Benham King & Spalding Georgia Association of Black Award for Community Service, has also Miller & Martin Women Attorneys demonstrated an extraordinarily long and Squire Patton Boggs Ann Baird Bishop distinguished commitment to volunteer Troutman Sanders participation in the community through- out his or her legal career. Read more Bronze about these two honorees on page 70. Krevolin | Horst

Thanks and Appreciation Numerous members of the legal communi- ty, including judges, lawyers and legal pro- fessionals, volunteered their time and tal-

2020 JUNE 69 ent in advance of the awards ceremony as the commission worked to plan a uniquely special occasion. Those volunteers includ- Lifetime Achievement Award ed members of the Benham Awards Selec- for Community Service tion Committee, chaired by Janet G. Watts; Volunteer Committee Co-Chairs Jena Em- ory and Paula Myrick; Fundraising Com- Thomas William “Tommy” Malone was born and raised in mittee Co-Chairs Adwoa Seymour and R. Albany, Georgia. He was admitted to the Georgia Bar in 1965, Kyle Williams; and Visual Arts Committee prior to receiving his J.D. from Mercer University Walter F. Chair Vannessa Hickey Gales. George School of Law in 1966. Attorney artists Phil Sandick, William Malone was not only well regarded for his courtroom skills but Stiles and Hon. Phinia Aten had commit- also for the countless number of causes he supported with ted to display samples of their artwork at his generosity of time, talent and capital. Malone established the awards ceremony. In addition, 2020 several scholarships during his lifetime, including the Rosser Malone Endowed Scholarship in honor of his father, awarded honoree Rita C. Spalding planned to dis- Nov. 2, 1942 - Oct. 1, 2019 to Mercer Law students with demonstrated financial need and play six posters of murals found through- in good academic standing. He also established the Petrona Underwood Malone out Brunswick. A small group of perform- Scholarship Fund at Shorter College (Shorter University) in honor of his mother, ers from the Atlanta Bar Association’s which provides assistance to students who are in financial need. Bard Show—Norman Barnett, Laurel R. Malone also supported the Shepherd Spine Center, now known as the Shep- Boatright, Abbey Martin and Kevin C. herd Center, and its foundation, on whose board of trustees he served for Wilson—were to provide entertainment many years. Malone was also a long-time supporter of Mercer University, during the ceremony. William J. “Bill” Liss, serving as a member of the University’s Board of Trustees from 2006-17, which special assignment and consumer editor, he chaired from 2015-17. In an interview with G. Steven Henry, Malone was WXIA-TV (NBC), had prepared for a fire- once asked what his motto was, to which he responded, “There is no greater side chat with Justice Benham about pub- reward than being able to make a meaningful difference in the quality of life lic and community service. Hon. Chung of another person.” l Lee and the Korean American Saxophone Band were to play for the after-party. Ap- Jacqueline L. Jacki Payne graduated from University of “ ” proximately 50 additional lawyers and Georgia School of Law in 1980, and has spent almost all of her 38-year legal career as a lawyer for the Atlanta Legal law students had volunteered their ser- Aid Society (ALAS). ALAS Executive Director Steve Gottlieb vices. In addition, Chief Justice Harold wrote about Payne: “One of Jacki’s contributions to Atlanta D. Melton, commission chair, and Justice Legal Aid was to help create the Kinship Care Project, Sarah Hawkins Warren, commission ad- which she now manages. This project helps grandparents visor, provided guidance and leadership and other relatives adopt children they are raising . . . . throughout the planning process, while Jacki recognized the need for this work after seeing the the generosity of numerous sponsors (see number of children being raised by grandparents and page 69) helped ensure the event would other relatives after they had been abandoned, abused or orphaned by AIDS.” be memorable. The commission remains Payne has also spent most of her professional life serving others in her com- deeply grateful to everyone who assisted in munity. Her recent and ongoing service includes serving on the Board of the planning the awards ceremony. Innovative Solutions for Disadvantage and Disability; serving as a former In conclusion, I hope that once it is president and board member of the Marietta Schools Foundation Board; co-founding and serving as a member of the 10 Women of Hope; and leading safe for Georgians to gather in commu- American Cancer Society walk teams. Payne is also currently active at the nity again, we can celebrate together— Episcopal Church of the Incarnation in Atlanta. In the past, Payne taught Sun- and in person—the service of the 2020 day school; served as a Girl Scout leader; served on the PTA at several levels; Benham Award honorees. The com- and served on the Atlanta-Fulton Commission on Children and Youth. Payne mission will post updates regarding any genuinely enjoys serving others and is always looking for ways to help. future plans for the awards ceremony Marietta attorney Carlos Rodriguez’s comment in a letter of support for at www.cjcpga.org. l Payne’s nomination embodies one of the reasons Justice Benham initially wanted to establish the community service awards. Rodriguez observed: “Jacki has been an example and role model to me for how a lawyer with a ser- Karlise Y. Grier vant’s heart should meaningfully contribute to improving our community.” l Executive Director Chief Justice’s Commission on Professionalism [email protected]

70 GEORGIA BAR JOURNAL Justice Robert Benham Award for Community Service: 2020 Honorees

Donarell Rhea Green IV Jennifer Leigh Weizenecker Partnered with the Athens YMCA for more Member, Board of Directors for the Southeast than 12 years training young people to box; Regional UNICEF USA; volunteer founder, contributed to the Athens Tutorial Program UNICEF NextGen Atlanta; chair, NICEF Next- and the Leaders as Readers program; member, Gen Atlanta Steering Committee; volunteer lead Clarke County Mentor Board; member, Athens counsel for two asylum merit hearings in 2019; Child Development Board. volunteer teacher of pre-law classes at Georgia Tech.

Hon. Robert D. Leonard II Connie L. Williford Chair, member, executive committee member, Founder, Mercer University School of Law, Tommy Nobis Center Board of Directors; men- Women Law Students Annual Charity Gala tor, Marietta Mentoring for Leadership; assistant and Auction; chairperson, Childhood Hunger coach, Cobb Youth Football League; head coach, Council for the Middle Georgia Community Allatoona Youth Basketball League; Oregon Park Food Bank; recipient, Legal Food Frenzy Award Baseball Association Board member; participant in the Cobb (2018-19); volunteer and pro bono counsel, Crisis Line & Safe County Superior Court’s “Court 2 You” program. House of Central Georgia; board member and executive com- mittee member, Middle Georgia Access to Justice Project; vol- unteer, All About Animals. Rita C. Spalding Member, Steering Committee of Forward Bruns- wick; volunteer, Community Action Authority, Sally Quillian Yates assisting with Rise Risley, LLC; board member, Co-chair, Board of Trustees of the Council Brunswick Downtown Development Author- on Criminal Justice; board member, Ethics & ity; leader, Downtown Brunswick Mural Project; Compliance Initiative; board member, Project Lay Eucharistic Minister; mentor and coordinator for St. Mark’s Healthy Minds; speaker on suicide prevention; Episcopal Church’s Education for Ministry program; volunteer, established New Beginnings re-entry program; Safe Harbor Children’s Center; former den leader, Boy Scout former coach, Georgia High School Mock Trial program; for- Troop 253; former regional coordinator, Georgia High School mer volunteer, Everybody Wins Atlanta. Mock Trial Competition. *partial list of honoree accomplishments

2020 JUNE 71 GBJ | In Memoriam

In Memoriam honors those FRED S. CLARK SAM POWEL INGLESBY JR. HANDSEL G. MORGAN members of the State Bar of Savannah, Georgia Savannah, Georgia Buford, Georgia Georgia who have passed University of Georgia University of Georgia Atlanta’s John Marshall away. As we reflect upon the School of Law (1961) School of Law (1964) Law School (1950) memory of these members, we Admitted 1960 Admitted 1964 Admitted 1950 are mindful of the contribu- Died March 2020 Died April 2020 Died February 2020 tions they made to the Bar. GEORGE H. CONNELL JR. WILLIAM D. JENNINGS III MAX OLIM Each generation of lawyers is Atlanta, Georgia Augusta, Georgia Atlanta, Georgia indebted to the one that University of Georgia Cumberland School of University of Alabama precedes it. Each of us is the School of Law (1969) Law, Samford University School of Law (1967) recipient of the benefits of the Admitted 1970 (1977) Admitted 1968 learning, dedication, zeal and Died April 2020 Admitted 1978 Died April 2020 standard of professional Died March 2020 responsibility that those who ROWENA ANASTANIA LINDSAY C. ROACH have gone before us have DANIELS LINDA CARTER KING Marietta, Georgia contributed to the practice of Doerun, Georgia Savannah, Georgia University of Georgia law. We are saddened that they Florida A & M University Atlanta’s John Marshall School of Law (1979) are no longer in our midst, but College of Law (2013) Law School (1978) Admitted 1979 Admitted 2015 Admitted 1979 privileged to have known them Died January 2020 Died April 2020 Died April 2020 and to have shared their SHERI CAPES ROBERTS friendship over the years. GORDON LEE DICKENS JR. JACKSON ALLEN Covington, Georgia Evans, Georgia LANCASTER University of Georgia University of Georgia Kennesaw, Georgia School of Law (1992) JACK B. ALBANESE School of Law (1948) Mercer University Walter Admitted 1993 Atlanta, Georgia Admitted 1948 F. George School of Law Died April 2020 Emory University School Died March 2020 (2001) of Law (1972) Admitted 2001 HUGH ROBINSON Admitted 1979 ELIZABETH N. FEAGIN Died November 2019 Marietta, Georgia Died February 2020 Atlanta, Georgia St. John’s University Woodrow Wilson College N. KENT LAWRENCE School of Law (1965) A. QUILLIAN BALDWIN JR. of Law (1968) Athens, Georgia Admitted 1967 LaGrange, Georgia Admitted 1970 Woodrow Wilson College Died March 2020 Mercer University Walter Died March 2020 of Law (1978) F. George School of Law Admitted 1978 JEANETTE S. SCOTT (1969) DAVID H. FRITTS Died March 2020 Athens, Georgia Admitted 1970 Savannah, Georgia Private Study Died March 2020 Emory University School STEVEN W. LUDWICK Admitted 1968 of Law (1950) Atlanta, Georgia Died April 2020 JAMES N. BUTTERWORTH Admitted 1951 Loyola University New Cornelia, Georgia Died March 2020 Orleans College of Law CHARLES W. SMEGAL Mercer University Walter (1968) Dahlonega, Georgia F. George School of Law THOMAS E. GREER Admitted 1974 Woodrow Wilson College (1968) Carrollton, Georgia Died April 2020 of Law (1974) Admitted 1968 University of Georgia Admitted 1974 Died March 2020 School of Law (1975) MAX R. MCGLAMRY Died March 2020 Admitted 1975 Columbus, Georgia ROOSEVELT CARTER II Died March 2020 Mercer University Walter NANCY S. STEPHENSON Albany, Georgia F. George School of Law Albany, Georgia Texas Southern DOUGLAS L. HENRY (1952) University of Georgia University Thurgood Clarkesville, Georgia Admitted 1953 School of Law (1981) Marshall School of Law Georgia State University Died March 2020 Admitted 1981 (1997) College of Law (1986) Died April 2020 Admitted 2000 Admitted 1986 Died March 2020 Died April 2020

72 GEORGIA BAR JOURNAL 2020 JUNE 73 OBITUARY

CARL J. STIMMEL Christopher Alan Townley, 67, Townley served on the State Bar of Georgia’s Townsend, Georgia Emory University School passed away in March in Chicka- Board of Governors, Investigative Panel, and of Law (1973) mauga. Born in Columbus, Ohio, the Disciplinary Rules and Procedures Commit- Admitted 1973 on Aug. 11, 1952, Townley gradu- tee. He was a recipient of the State Bar of Geor- Died March 2020 ated from Tucker High School in gia’s 2019 Chief Justice Thomas O. Marshall Tucker, Georgia, attended Stetson Professionalism Award. BERNARD R. THOMAS SR. Atlanta, Georgia University, and graduated from Mercer Universi- Townley served the Cherokee Presbytery as University of Minnesota ty and Walter F. George School of Law at Mercer moderator and was a ruling elder of the Pres- Law School (1974) University in Macon. He married Sandra Carolyn byterian Church (USA). He was a member of Admitted 1975 Davis, his high school sweetheart, in 1972. Their Chickamauga Presbyterian Church for more Died March 2020 twins, Heather and Shaun, were born in 1977. than 40 years and served as a Sunday School CHRISTOPHER ALAN After law school, Townley worked in the dis- teacher, liturgist, youth group leader, choir TOWNLEY trict attorney’s office in South Georgia before member and treasurer. Chickamauga, Georgia moving to Northwest Georgia in 1978 where Townley loved his family, his God, his com- Mercer University Walter he worked in the district attorney’s office for the munity and the practice of law. He enjoyed spend- F. George School of Law Lookout Mountain Judicial Circuit. Later, he ing time with family, especially his grandchildren, (1977) Admitted 1977 worked at Harriss & Hartman Law Firm, PC, and whom he supported in all their activities. He also Died March 2020 in 1990, started his own practice, which he ran enjoyed traveling, coaching, playing golf and for more than 25 years. In 2018, he was elected working in his yard. l PAUL E. VON NESSEN solicitor general of Walker County State Court. Brisbane, Queensland, Australia University of South Carolina School of Law (1974) Admitted 1975 Died April 2020

WILLIAM C. YOUNGQUIST Atlanta, Georgia Atlanta Law School (1979) Memorial Gifts Admitted 1979 Died March 2020 Memorial Gifts are a meaningful way to honor a loved one. The Georgia Bar Foundation furnishes the Georgia Bar Journal with memorials to honor deceased members of the State Bar of Georgia. Memorial Contributions may be sent to the Georgia Bar Foundation, 104 Marietta St. NW, Suite 610, Atlanta, GA 30303, stating in whose memory they are made. The Foundation will notify the family of the deceased of the gift and the name of the donor. Contributions are tax deductible. Unless otherwise directed by the donor, In Memoriam Contributions will be used for Fellows programs of the Georgia Bar Foundation.

72 GEORGIA BAR JOURNAL 2020 JUNE 73 GBJ | ICLE

The Heat Is On . . . and So Is Summer Online Learning

BY MICHELLE E. WEST

Summer is here, and so is our new pursuing efforts to allow the safe re- normal. Well, at least for now. I know sumption of in-person ICLE programs. that many of you are accustomed to By the time we meet again, we hope to spending parts of your summer attend- have contingencies in place to lessen the ing ICLE programs or away at one of interruption of our calendared program- our institutes. Never fear! Although we ming. However, while we are working are practicing social distancing, we have on fine-tuning the future of continuing online programming available on top- legal education, please take time out this ics that you would normally see at our summer and enjoy programs from our summer institutes and programs. All are online library. l available at www.gabar.org/webcasts. While you continue to sharpen your skills and enhance your knowledge Michelle E. West through ICLE online webcasts, please Director, Institute of Continuing know that ICLE is busy adding new con- Legal Education State Bar of Georgia tent, rescheduling cancelled programs , and scheduling fall and winter programs. [email protected] As we look toward the future, we are

74 GEORGIA BAR JOURNAL ICLE WEBCASTS Below is a list of related topics that correspond with our previously scheduled May through June programs. You can view corresponding webcasts online now, along with all available webcasts, at www.gabar.org/webcasts.

Administrative Law Jury Trials for Divorce for Attorneys Not Your Everyday Custody Case Adoption Law and Practice Premises Liability in Georgia Professionalism and Ethics Attorney First Aid Kit Update Banking Law Real Property Foreclosure Basic Fiduciary Law VA Accreditation Basic Fiduciary Law 201 War Stories XVIII Civil Prosecutions of DUI Whistleblowers’ Symposium & Dram Shop White Collar Crime Commercial Real Estate Construction Law Criminal Practice Drum Majors for Justice Eminent Domain Family Law Seminar Georgia Auto Insurance Claims Law Georgia DUI Update

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