An Overview of Ultimate Issue Evidence Announcing the Launch of Carl R
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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 THE LEGAL An Overview of Ultimate Issue Evidence Announcing the launch of Carl R. Varnedoe, LLC Focusing on catastrophic injury and death claims CARL R. VARNEDOE, LLC Attorney at Law Client Focused. Results Driven. Value Added. Savannah, Georgia | Toll-Free: (866) 561-5622 | (912) 205-3456 | Fax: (912) 205-3507 | [email protected] Carl Varnedoe Ad_20.indd 1 5/22/2020 2:43:31 PM GEORGIA LAWYERS DESERVE THE BEST. Georgia lawyers deserve the best. ALPS understands lawyers, and their promise to deliver professional, transparent, and fair malpractice insurance is exactly what Georgia law firms deserve. I’d highly recommend ALPS to any Georgia attorney seeking quality insurance for their practice. – Douglas Chandler, Chandler Law, Atlanta, Board Certified Legal Malpractice Attorney, Co-Founder and Executive Committee Member of the State Bar of Georgia Professional Liability Section Georgia law firms can connect directly with ALPS Lead Georgia Business Development Representative, Ben Parks, at [email protected] or (678) 416-5741. Learn more about how ALPS can benefit your firm at www.alpsinsurance.com/georgia 4.8 / 5 JUNE 2020 HEADQUARTERS COASTAL GEORGIA OFFICE SOUTH GEORGIA OFFICE 104 Marietta St. NW, Suite 100 18 E. Bay St. 244 E. Second St. (31794) Atlanta, GA 30303 Savannah, GA 31401-1225 P.O. Box 1390 800-334-6865 | 404-527-8700 877-239-9910 | 912-239-9910 Tifton, GA 31793-1390 Fax 404-527-8717 Fax 912-239-9970 800-330-0446 | 229-387-0446 www.gabar.org Fax 229-382-7435 EDITORIAL BOARD OFFICERS OF THE QUICK DIAL MANUSCRIPT SUBMISSION STATE BAR OF GEORGIA EDITOR-IN-CHIEF ATTORNEY DISCIPLINE The Georgia Bar Journal welcomes the submission of Kristin Poland PRESIDENT 800-334-6865 ext. 720 unsolicited legal manuscripts on topics of interest to Darrell Sutton 404-527-8720 the State Bar of Georgia or written by members of MEMBERS the State Bar of Georgia. Submissions should be 10 Donald P. Boyle Jr. PRESIDENT-ELECT 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 Case Law 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.