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THE ALABAMA LAWYER Vol. 65, No. 3 I May 2004 On the Cover: Canoeists eajoy a sp1·ingtime morning at the Bilton San destin Beach Golf Resort & Spa, Florida. The 2,4()().acrereson, site of the 2004 AJaban1aS l 138 Profiles: Bobby 0. Segall • Carol Ann Smith • Carol H. Stewart ADVANCING ADR IN ALABAMA: 1994-2004 154 TheseAre A Few of My FavoriteThings By J11di1hM. Keegan 158 The AlabamaSupreme Court Commission on DisputeResolution By Judge Aubrey Ford 160 ADR- PhotoHighlights 163 Reportof CommitteeOn Alternative Methodsof Dispute Resolution- • ADR" UsuallyMeans Mediation By Mary ly1111Bares 166 Harbingersof BadTidings? RecentDecisions From Florida CourtsAffecting Mediation Confidentiality By William A. Ratliff a11dGle1111 G. Waddell 180 The AlabamaAppellate Mediation Program: How and Why It Will Work By Rhonda P. Chambers 186 Efficacy of Post-DivorceMediation and EvaluationServices By Kt,r/ Kirk/mu/, Ph.D. 194 Bankruptcyand Mediation By J. Thomas Corbell 196 Peace EducationThrough Mediation By A1111eIsbell Tiff : rll. 1\ll .\ \ I ,\ J, lU ' >"ER 133 'OIIIA"""" S&MeIN , ,.o.l ex 4151 Man1fClffllrY, AJINIU 36101-4151.PIIOIIII CDl l 2't-t S1l tlOOJ3M-61S4 • www..11.th,:Mf THE _,Allult,laMOn- __o,..n,61itt, ~L....,,.S-.H...... _~LnltG fllA>c>.~ ...,,., StMIU-,,nlra,,,uStl""-""'------,,,_ ALABAMA l.ll'IDlftJ...... t!JDA:m:atmsAs.siimll LAWYER -TC....Jr ...... •1'rfWC.,.Dor-.r. •-A.~-Or, •1"'>J---... ·so.-• -- ·-'-"-II ; f -1:.~- ·-'-lioo&.~ ·-J.""*'t. .. - -·ui-._~fi- 4•• •1:1NaL-._.lr.~ •GloolJ._Ma_ , -.l ...... "*'·-llll-.Gldml •l°""-..~ ·...... t-. S... •Alont ~ Vol. 65, No. 3 ...... Will..,.f llo.tllqo.-- •Jdw>O.S-.-.,.. ,...... ,E --~ · a.i,,,,•e.~ .. llln1wvwn•JovLS.-- ·~ S.1'1,,u.-lio •-0 -Bom,vwn May 2004 OtllOffl WilllmN OIi\. l!,t1""1f-, ___ ..-'miden l J llaugl• M 134 M A Y 200~ Are footprints as foolproof as fingerprints? The Mealey's E-Mail News Report norified the defense arromey of a recent court decision from the highest court in a neighboring sta te. ·1-1ewas surprised ro find the prosecurion's expert witness had also testified in that case. But the court held that footprints from inside a shoe were not a recognized area for expert testimony under the Daubert sta ndard. As the defense attorney continued b.is search of analyt ical sources from Matt hew Bende~ including Moore's Federa.1Practi ce- on the LexisNexis'" services, he quickly found further supportive commentary and analysis. When you need ro go a step beyond cases and codes in your research, use the LexisNexis'· Total Research System-It's how you know. - ™ LexisNexis·· Ir's how you know"' For your free trial" on the LexisN exis Tot.alRes.earch System go to www.lexisnexis.com/freeweekor call sn .810.532A ·n.~ lcc,lllac;m~ 1i1tIll.el ollW" is ~lllllltlbns b lht0.,9*,ffll IIMIQSIQ!QibDdlOhl.o~VolGt .,.,_•llhiftll'e 1g1 311df}'1llllffllhfimll r:J l!lisplOlati:n. ldW:NIl!!lllktkm:Ny ffl ,Onmtl~Olllomel$ ~eottxl.~f!P'e,etlUIN! Rlf~ l!:iliN!illnllhl KllM.. Btntlo\J).. ~tlRIIO °"'*PfOC*lielft. , \tleda'llel'brl!il.fl..,_. Youlin:M ls1!mlmtal lll:bNPI'-1dhlsionOI Roo09*1m lnC. --··--· -02«13lfl.'ml.l!rus,1~0IRdOW..lnC:--"'-""'"F__,All19".cs ,..__ ·MStt'f'O .,_ _,._,,. ,.. I AL6619! Respondto Gideon's Trumpet,and Turn Willi1m N. Cl11k CD Commitmentinto Action < ~ ony ycar.1ngo Inst year. Gid~on " \\'ai11wrfg/11, those who are Indigent defendnnts who arc accused or crime. and 10provide some direction 10 lhe indigcm iii' 372 U.S. 33S (1963) wasdecided by the United 3 F Sllltcs Supreme Com1 with an opinion wrillcn defense sys1cm.One of 1he positive rcsuhs of such nn ;z by Alabamo's own Ju stice Hugo Dlack. Thul decision indigent defense commission would be n clcgrecor C") provided ror coun~cl in ..criouscriminal cases. accountability I hot does 110101 herwise exis1 ,1a1cwidc. ;;; However.the cosc did not provide how counsel was 10 On Febrwu'y26th of Ibis ycnr.lhc Aiab:un3St.~IC Bnr ;ic- be provided, or who wn$to pay for it. During my law hosted the 6n.1Alnhrunn Indigent Defenses, ·mpo,;ium school days in the late '605 and early '70,., public hcld at the Sllllccapi1ol Ed P-atterson. the state w·~ defcndeTpropr.1ms began $pringiog up aroundthe directorof prov,uns. and John Pickens. lhe CXCCUU\'C counuy. although the appointmen1or counsel was the directocor the Alabum11A ppleseed Center for Law and primary method used LOsclcc1 counsel in mosl ,mies. Justice.were the key leadersin the planningnnd imptc Common qucslion, were, wha1type or system ~hould men1n1ionor the progmm.L,wyers, judges. lcgislmor.<, be established. nod who is 10pay for ii? Fony,plus businesspeople. nndreiiresenuuives from Ilic comptrol years Inter. unfonuna1cly. 1hosequestions aro ,!ill lccsoffice, Ilic 11dministmtivcoffice or courts, ond 1hc being asked in mnny slates, including Alnbumn. Governor'soffice were invited.The progromincluded n In 1975.I was nppoinu:dby ASB President Tommy prcsentntionby Bob Spangenbergwho oow is o consull Grea,-es10 be the chairmanof a sllllebarcommilloc on aru foe lhc Amcricru,Bnr Associationand who hasDS 136 MAY 200~ inspiration 10 all present about lhe absolute imponancc of com persons on appeal and in post-convictionproceedings in capital petent counsel. cases. Such an office would also be a resource for training and 1l1e day concluded witl1a panel which included, among others. assis1ru1ce10 appointedcounsel in capital cases. acting Chief JusticeGorman Houston andSena tor Myron Penn The difficulty in locating lawyers willing 10 serve as appointed from Union Springs reviewing what actionsmight be t..1kcnin counse l in cri1nina1cases varies fron1 circuit to circuitin Alabama 10 improvet he Alabnmaindigent defense system. 'The Alabama.At tlie current rates of $40/hour for out-of-coun time generalconse,tsus of those presenta1 1he meetingwas that the place and $6()/hourfor in-court time and office overhead expenses. the Lo strutis theestablishment of a statC\videoversight organization, fee is far from exorbitrull. What Alabama docs not need is any sucb as an IndigentDefense Commission.Pursuit of 1hairocom- reductionof our current payment system. Nevcnhcless, a pan of 1ncndation is currenily in progress. Governor Riley's legislative package this year would eliminate l believelhc day wa.~an excitingone for all concerned.1llere Llieover head expe.nsespr ovided to appointedcowisel. Tiie ASB seemed 10be a renewedcomm itment 10 answering Gitleon's Board of Bar Commissioners un3nimouslypassed a resolution "Clarion C111"to providecompetent cou nsel 1.0 poor people opposing such legislation. App0in1edcounsel receive nothing accused of crime. Al a time wbeo our suuc has recentlyrejected a near tl1e rate paid by the state 10civil lawyers con1rne1edby the plan to inc.rcasc fundingby raising taxes. some would say tha1if state. It would be a tremendous disincentivefor lawyers 10rcpre, our legislature has 10c hoose between funding servicessuch as sem indigent defendants if this small benefit were rescinded. ro.1ds.schools, etc .. and the provisionof adequate indigentdefense For a long time. the Alabama State Bar has been committed 10 services. it is the Jauer which will lose. However.it docs not appear protecting the rights of our citizens accused of crime. It is time 10 that there should be an "cit.heror" decision.When a citiu.n's liber· turn that commitment into action. We are inching closer 10what 1yis at stake. it is absolutely imperative that he or ~heh as compe Justice Black had in mind in Gideon,but we are far from reacb.ing tent counsel.That should not be an oplion. Given the enthusiasm home plate. To the Alabama lawyers who represent poor people and commitmenlwhich seemed present at the recent symposium,I accused of crime. whether public defenders,contrac t counsel or am optimi~ticthat we can rinallymove forwardin Alabama toward assignedcoun.o;cl, I salute you for all you do, ru1dencourage others making significamimprovements in our indigent defense system. 10follow in your footsteps.For those lawyers who have not One of the panel panicipants for the recent symp0sium was heretofore representedindigent dcfendanLs,I encourage you 10 Bryan Stevenson of Montgomery.who is the director of the offer your assistance.That assistancemay come in a variety of Equal Justkc lniliativc, which docs rui outstandingjob in pro· forms. For example. assistanceis needed .in helping 10ed ucate the viding representation for indigem defendants in capital cases. legislatureand the public about how essential it is 10our system of While tl1eSime of Alabama provides appointed counsel for direct justice thm competent counsel is provided for indigent defendants. appeals from death penalty convictions, it provides no resources Ironically.as I was completing my writing of this monLli's or timely legal assistance 10death row inmates in s1a1e pOSL Pro Bono Award Nominations TheAlabama State BarCommittee on VolunteerLawyer Programs. (formerly the Committeeon Accessto LegalServices). is seekingnomi- nationsfor the AlabamaState BarPro BonoAward. Nomination forms can be obtainedby contacting: Linda L Lund,director Volunteer Lawyers Program Alabama State Bar P.0. Box671 Montgomery36101 (334)269-1515 TheASB Pro Bono Award recognizes the outstandingpro bonoefforts of anomeys.law firmsand law students in the state. Theaward cri teria includes.but is not limitedto, the following:the total numberof pro bonohours or complexityof cases handled. impactof the probono worl T II E .\ I . ,\ 8 ..\ \1 -\ I. \ \\ ) " F. R 137 PursuLmt to the Alabama State Bar 's Rule Governing the Election of President Elect, the following biographical sketches are provided of Bobby D. Segall, Carol Ann Smith and Carol H. Stewart. Segall, Smith and Stewart were the qualifying candidates for the position of president-elect of the Alabama State Bar for the 2004-05 term, and the winner will assume the presidency in July 2005. Bobby 0. Segall BOBBY D. SEGALL obby SegaUauencled publi c schools from kinder-. chairs 1he Ta~k Force on Organization and Operation of ganen lhrougbhi gh school in Momgome,y.H e Bar Sections. He also writes a humor column for the B received h.is undcrgn,dua.tedegree from Vanderbill MCBA's publication. TireDocket . University and his law degree from lhe Universityof Other law-related activities include serving as presi Alabama. where he finished6rst in his class. was student dent orlh e Hugh Maddox Chapter of lhe Inns of work editor of lhe law Review. and became a membero f Coun; a member of the board of the University of the Order or the Coif. He also recei"cdan LLM degree Alabama School of Law Foundation; as president of from Harvard.One of his great cxpc,ienees was clerking lhe Montgomery County Trial Lawyers Association; for Judge Frank M. Johnson.Jr. when Judge Johnsonsa t and a member of the Historical Comnliuee and lhe on the UnitedStates Middle Districtbench. Special Disciplinary Panel of lhe U.S. District Coun In private practice. Bobby bas been ,vith Copeland. for !he Middle Dislrict of Alabama He has spoken al Franco for a little over 30 years. Hls professional acLiv numerous CLE seminars and serves on Alabama's ities have focused on Lryiog 10 provide legal services to Mandaio,y CLE Commission. tltc poor. He served on tl1e board of Legal Services Bobby bas been selected as a member of tbe Corporation of Alabama for 27 years. and was presi American Board of Trial Advocates, is a Life Pc.llowof dent of lhe board for six years. This past year. be lhe Alabama Law Foundation, and bas been recognized chaired the Transition Committee that organized the in Be.rtunvyers in America since the publication began. merger among Legal Services Corporation in Alabama, Bobby also has beeo active io a leadership capacity Legal Services of Mc1.ro Birmingham and Legal in many reLigious, charitable and community organi1.a- Services of North Central Alabama. He now serves on 1ions. aod is a participant in Leadership Alabama. the board of lhe newly formed program lha1encom Bobby's law practice has been varied. He bas repre passes tha entire state. Legal Services Alabama. He sented bo~1p laintiffs and defendants in a wide range of also serves on lhe Executive Commiuee of lhe Access litigation, including personal inju,y and wrongful death LO Justice Commission, which is the state planning cases. business aod other complex Litigation cases, entity for all access to justic.e organizations in lhe stale. cmploymcn1cases and civil rights and constitutional Bobby bas been active in bar activities at the local cases. He has represented approximately 75 lawyers on and state levels. He has served as president of tbe personal mailers over lhe years aod bas also represented Montgomery County Bar Association. He has been a numerous j udges. He also bas often represented w1pop state bar commissioner for nine years. and for three of ular client,, i.e., olher than lbe lawyers and judges. those years. including lllis one, has served on the Bobby has been manied 10 Sandy Segall for 28 Executive Council of lhe Slate bar. He also has served years. and !hey have Lwo sons, Joshua. who is in law on numerous s1a1e bar committees and task forces. school al lhc University of Alabama, and Jacob. wbo is including the Task Force on Diversity. He presently a freshman at Tulane. • 138 MAY 200~ Con,I An• Smitll CAROL ANNSMITH nrol Ann Smith has pruc1icedlnw in Alabama Commlncc, and has served t.:m» on many other local since 1977. The daugh1eror n Mc1hodis1min is bar co1111nh1ees.including lhe Execu1iveCo111mi11cc. lhc C uir who served more lhnn n dozen smnll Grievance Comrnlneeand as chair of the Public Service Alnbamo1owns. Cnrol Ann nnendcd school in Camp Commilloc. She is n member of !he BBA's Women's Hill Red Bay. Cherokee.Falkville , AJnbnstcr. Seclion and its Solo and Small Firm s«:tion. Sbe first Inglenook. nnd Florence. She aucnded Binninghrun held elected bar office in lhe early 1980s. serving oo lhe SoUlbemCollege on scholarship, wilh lhe benefit of E.!.ccu1ivcCommiuee of lhe BBA's Youn&Lawyers· the work-study progr.un. and groduntcdnu1gna c um Section, where she served3S chair of the En1cnainmco1 /omit ttnd as a member of Pili Bein Koppa. Commiuee. In 1984. Carol Ann wasclcc1ed president Af1crco ll egc. Carol Ann was first employed wilh lhe of LhcBBA's Young Lawyers' Section. BirminghrunPublic Library as its govcnuncnt docu ln 1995.Carol Ann became lhe firs1woman nominnl menl$llbrurinn. l11ere she became de1ennined 10 pursue ed by 1heBi rmingham Bar Association as11 cn.nclldalc n career in lnw. She aueaded the Universiry of Alabama for ilSpresidency and, on election, became U,cfirs 1 School of I.aw.ngain on scholarship and lhrough work womrwprcsidcm in Lbcassocin1ion·s 110 -yenr hislOl)I. siudy. She served on lhc edi1orialbo.'IJ'd of lhc Alabama '1'hru year. 1hcExecutive Commiucc iook on n lot of law Rt1•/.,.., ood aulhored a published anicle. As a new projoot.s. We decided to sign on wilh a professional work-study swdcnL she was M I II I \ I I U \ \I \ I \ U ) I ll 139 CarolH . Stewart CAROL H. STEWART arol Stewart was bom in Moore.sville, North Ll,eAlabama Stale Bar. odier professionalorganiwtions Carolinn in 1953 and was educated in the nnd n~wyc haritnbleorganizations. She currently is serv C Iredell County public schools. She earned her ing her third thrce-yc:1rterm on the AlabamaSta te Bur bachelor or science in chemistry in 1974 nt the Boord of Bar Commissioners.and in 2000-0I was University or North Carolina al Charlotte. She financed appointedb y then-President Sam Rumore 10 serve on the I00 percent of her college education by working part• ExecutiveCouncil or the 80,,rd. In 2003 she was appoint lime jobs in high school, including driving a school ed to serve on tlie DisciplinaryCommission of thebar , bus, waiting tables and serving as a lifeguard and a lllldhas sen-edon die Manda1oryContinuing Legal chemistry lab assistnnl. Her senior year of college. BducutionCommiss ion since l999. She bas also sen-ed Carol was awarded an internship in the Cbarloue City on the Commiuee on DisciplinaryRu les a11dEnforcemcn1 Crime Laboratory. and after graduating, she worked for for three years and is a member or the Women·s Section the Charlotte City Crime Laboratory, the Mobile City or the state bar. Carol's pasl iuvoJvemcm with the Crime Laboratory, nnd the Alabama Department of Alabama State Bar includesserv ing on die Disciplinary Forensic Sciences as a drug analyst. Board { 1998-2003)and 1hc Character and Fiu1css In 1979,Caro l moved 10 Birminghamand was accept· Commiuec (1994-1998). serving as chair of the Business eelat die CumberfandSchoo l of Law. While at Tons and AntitrustSection in 1991,as well as many com Cumberland. she served as recent decisions editor of the milioos.including the AIC1bamaBar DirectoryComminee C11111ber/a11dLaw Review nnd as Law Day chairman. ( I 992-94), The Alabomo IA111yer edimrial board { 1990- Under her leadership, the program receivedthe ABA 91) and chairman of 1he Law Day Committee (1986). Best Low Day in the Natioa awnrd. Carol receivedher Carol believes that it is very imponant Lltateach J.D.. magna cum laude. from Cumberlandin 1982. Later lawyer gives back to his or her school. She currently dmt year. she was licensed 10practice Jaw in Alabama serves as the Annual Fuod chairperson fot Cumberland and Georgia. ln 1983,Carol graduated with the inaugural School of Law and scn•cson the Dean's Advisory class of the Universityof Alabama at Binningham·s Council. In 2002, Carol served as Ll1c Binningham Ma.~ersin Forensic Sciences program. That sanie year. Cumberland Club president. lo 2003. she was honored she became Licensedto practice law in Florida. n.st he Cumberland School of Law Volunteeror the Year. After graduation from law school. Carol clerked for In oiher professional activities, Carol has served on United States District Judge Sam C. Pointer, Jr. in the the Binningham Bar Foundation BoardD of irectors Northern District of Alabama. After her clerkship, she since 2000, and in 2002 she co-chaired n commiuec joined the firm of Thomas, Taliaferro. Forman. Burr & which raised funds lo retire tl1e no1eon I.he Murray, now known as .Burr & Forman LLP. where she Binningbam Bar Center. Currently, Carol serves as a practices today. Carol's practice is primarily as a gen. group chair of LlteGrievance Commiuce of die eral business torts litigator. hatidling cases for both Birminghnm Bar Association. She ha.s:llso served on plaintiffs and defendants. She has tried cases in many the Executive Committee of Ll1eBinning ham Bar and federal :lnd state courts across the country. Additionally, as Grievance Commiuec chairperson. Comntiucd lll the Carol has a unique niche practice in Llie area of condo dcvelopmem of women to I.heirfull potential in the minium law. In this capacity, she reprcsen111developers law. Carol served on d1eboard of the Women's Section or condominiums. condominium associations and con of the Bim,inglrnm Bar for six years and served ns the dominium unit owners. Carol has published several section's president in 1998. Carol received the articles and papers nnd is a frequent lecturer in the area Birmingham Bar Association's L. Burton Bamcs of condominium law. Award for Public Service in 200 I. Committedt o servingher profession:md giving b:ick to her community, Carol has been meaningfullyi nvolved in (Cominuod 011 page 141) 140 MAY 2004 Continuing Legal Education. an award given annually by the CAROL ANN SMITH Alabama Bar Institute for Continuing Legal Education. (Conti1111edfrom page 139) Carol Ann is active in tbe Birmingham Inns of Court. She is " member or the American Bar Associationand has been selected c~rol Ann chaired the 1984 MentoringCommincc and the 2000 as a Fellow of the AmericanBar Foundation. She is also a Task Force on Bench-BarR elations. Carol Ann is a Fellow or the member of the Federal Circuit Bar Associationand the Defense AlnbnmaL aw Foundation. She is also a memberof the state bar"s Research Institute. Womco's Section. In 2003, Carol Alu1was appointedby lhe Carol Ann has also been active in her com.muoity,as a mem AlabrunaSup reme Coun to serve on its Alabama Panem Jury ber of the KiwanisClub or Birmingham;on the board of man lnsm,ctionsCommittee. agement or the Fourth AvenueYMCA and its Executive Carol Ann also has been active in the Alabama Defense Commi11ee;on the board of managementof the Metro YMCA: LawyersAssocia tion, serving on its board of directors from and on tJ1cboard of managementof the DowntownYMCA. In 1984 to 1987.and as president in 1997.Dur ing Carol Ann's l 997. she was honored by the Birmingham Blll'iness Journal as term as president. ADLA decided to t.ake action 10 promote one or the Top Ten Women in Birmingham. Recently, Carol Ann goodwill between the polari1.cdpla intiff and defense sections or was honored by her beloved alma mater, Binningham Southern the bar. The association drafted a comprehensiveset of volun College. as a DistinguishedAlumna, 2002. tary guidelines for civility and worked with LbeAlabama Tria l Carol Ann is u·oublcdby the public's growingdistrust or lhe lawyers Association to obtain their approvaland suppon. legal sysLemand by its widespreadlack of respect for lawyers. Togelhcr,plaint iff lawyers and defense lawyers obtained the ..The legal system has become tbe fault line where the first signs approval. or adoption. or the guidelines by each or the federal of social change are being folL Our legal system is threatenedby district couns in Alabama. The guidelines were unanimously ~tc great upheavalof trust in public instituLions that this country adopted by the judges or the Tenth Judicial Circuit of Alabama. is undergoing.As the country becomes increasingly divided, tJ1e Beginning in 1979,Carol Ann served for more than ten years legal system and lawyers are easy targetsfor general discontent. I on the ExecutiveComm ittee of lhe Alabama Bar Institute for don't know what can be done on a nationalsca le. but here in ConLinuing Legal Education. She has been a frequent speaker at Alabruna.the stereotypedocs not fit. In ~1isstate , lawyersare th<: legal seminars and has chaired many CLE planning commiuecs. work horses of our communities.of our charities.of our cburches She served as chair or tbc MCLE Committee of the ASS Young and of our synagogues, and of our parenHeacherorgrutlzations. Lawyers' Section during the time the committee was responsi From Boy Scout Explorerposts. to Little Leaguecoaching staffs. ble for plruining the annual "Update" seminars presented by tbe to organizationsopposing hate crimes, 10 shelters for homeless YLS at the state bar's annual meeting. In l 998. Carol Ano was families, Alabamalawyers stand tall. Whateverrole l play in the honored as the recipient of the Walter P. Oewin Award for future of the AlabamaState Bar will be devcted to securing for OutstandingSe rvice to tJ1e Alabama Bench and Bar in Alabamalawyers the respect tJ1eydeserve." • Public Park and RecreationBoard and is a memberof The C AROL H. STEWART Women~s NC:t\YOrk. (Cfmti1111edf,-11111 /J(lge 140) Carol is passionateabout animals and servedon the board or directorsor the GreaterBinninghruu Huma11e Society for five Carol was elected as a Fellowor tl1eAmerican Bar Foundation years. servi11gas its president for two years. She is currently and a fellowof the Alabama State Bar Foundation.In additionto involvedwith tbe foster care program of the Shelby County the Alabama State Bar, she also is a memberof the AlnericanBar HumaneSociety and Alabama AdoptionRescue, Inc., havingfos Association. theStare Bar of Georgiaand The Florida Bar. During te,-edover 200 homelessmother dogs and puppies. Cru·oland Iler ber 2 l years of the active practiceor law, Carol hns panicipatcdon husbandh ave seven dogs, some of which were rescued animals. numerous occasionsas a lecturer for continuinglegal education. Carol is a member of the Leadership BirminghamClass of has been an adjunct professorof law at Cumberland,and bas 1999.and served on the Program Commiuee this year. She is taught forensic sciencesa t UAB. also a member of lhe Project Corporate Leadership Class or Carol is also very involved io community and civic activities. 1989. In 2001, Carol was honored as one of Birmingham'sTop She serves oo the board or directors of Pathways.a shelter for Women and received the Birmi11ghamB11si11ess Journal's Top homeless women and children. nnd participatesas a Big Sister 40 Under 40 Awardin 1991. in the Big Brothers/Big Sisters program. With her husband, In 1986,Ca rol married Lewis ··Rusty" Stewart, who is a prin Rusty. Carol has been a Big Sister since 1995 to a remarkable cipal in the real estate brokerage firm of Soutl1paccProperties. young man named Brint Hardy, wbo will anend Birmingham Rusty has two cbildren. Judson and Kalhrine.Judson. a broker Southern College next year on a baseball scholarship. She is with McGriff Siebels & Williams. an insurancebrokerage firm. also immediatepast president or Hand-in-Pawand currently is married to Buffy Stewan, and they bavc one son, Judson, Jr. serves on the board of tbat organization.H and-in-Paw's pro· Kathrine. a real estate agenr. is married to Mike Messer,who grams use "pct therapy" to help sick 8Jldspecial needs children has two children. Sawyer and Anna, and they live in Staunton, and at-risk youtJ1.In 2003. Carol was honored as the Hand-in Virginia.Carol and her frunilyare active members of tJ1e Paw Board Member of the Ye:ir.She serves on the Bim1ingham CathedralChurch of the Advent • T II 1~ ,\ I. . l n ,\ 11 ,\ L A H' r r.;R 141 Keilh 8. Norman The125th AnnualMeeting: Oneto Remember his year's annual meeting (July 21-24), will be Center) on lbe occasion of their tenth anniversaries. L1J.cst.'11eba.r's 125th. Plans hove been made for Created by Ll1estate bar, lhe Center has made impres •• meeting that will have somclhing for lhe sive strides in the field of dispute resolution in 'rt ·(amilyI The meeting hotel will be !he ever pop- Alabama.The Center has proved 10be a valuable ~ ~ ondestin Hilton. From lhe beautiful Gulf waters resource statewide for promoting mediation and other [{(,&~ell~to an impressive tine-up of plenary speak- methods of dispute resolution. ~ l}"dCLE programs. as well as an array of enjoy- The Center's success these past ten years is due in , e socinl activitiesfthis year'snnnuaJ meeting i s ccr-- large measure LO Ju dy Keegan. who has served as i1s • t am'-¢ ,;nilkamong our best ever. ftrst and only director since 1994.S he has been a tire 'Itere'r10 the.schedule of events included in this less promoter of ADR across the state. Judy's drive ti!;~fl,!fet1labamaLawyer, or visit lhe l,ar's Web nnd creative energies have lead to the development ~t.\f1!•1v,dlabar.org fo r complete details. Whether and implementationof programs for dispu1e resolution · u /llgi~l;r ouline from lhe bar's Web site or use !he in Alabama that have involvedlawyers . laypersons. , , , ' \i',!!~iQnfora) that was mailed to you. registerearly lhe judiciary. schools, communities. the stale and fed so' a'l'y,ouresefVc your spot at Llie I 25th annu,~ eral government. and businesse.~.The Center's body of 'ngl We look forward 10seeing you !here! work, under Judy's able leadership and lhe auspices of !he Commission,desp ite having Ll1esmallest budget of f3 Alabama Center for any s1a1e dispu1e resolution center. bas put our slate in lhe forefront of all staiewide programs. i ute Resolution A greai deal has been accomplished in Alabamathese last ten years in the field of ADR and much remainsto be done. WithJudy Keeganal lbe helm, I am sure that the Center's futurewill be as productiveas i1spast. • IF YOU'RE FRUGAL, CHECK OUT THE RATE. IF YOU'RE A GOLFER, CHECK OUT THE COURSES. IF YOU'RE A FRUGALGOLFER, YOU SHOULD BE ON YOURWAY BY NOW $99 For about dtc ucnc price a.so ther hotels in the Montgomeryill'l'a, you can enjoy 1-hc 11nu~njriesof' a fuur-mr hord. Fron1 the iophisticacionof our n~rbled lobby an.d NIGHT ex«tirive mocring rwnu to the warmth and rdax:2tionof our suitct and brucstroom5, The ~nd, •• C.pitol l-lillolfcn • lcvd of inclm.,cy•nd cl"" wuwiL.blc •t oclicrcompa,.blc hotel<.Andi<'• all locatedon tbe RobcnTrcm JonesGolfTr:,il. For rcscrv.ition,.ail) 334-290-1235 or vl$it www.legcitdsgolfrc~ort.com. FOi'! MOl'tli: INFOJ\M,\"TCQH ON ALAftAMA'!II "OD Cft1' TfU(NT ~OHII'. Co Lr Tit.Al L CALL 1-800•049•.C.444 01'1 Vl81T WWW,RTJGOL.F",C:O,-i, All rtte, •re ba.~d upon 1Vail~l!lty. The Alabamt1 ltMyu no lo11ger publishe s addresses twd telcpho11e ,mmb ers ,wl e.,s Ille an1101111ceme11tr elates 10 the ope11ing t,f a newfin11 or solo practice. P/et,se co111i1111e to send in a111101111cements and/or address changes to the Alabama State Bar Memb er..hip Departme11I, at (334) 261-6310 (fa x) or P.O. Bo.<6 71, Mo11/gomery3 6101. About Members Annhrechl Jackson LLP announces that Sam David Knight and J. Walton Jackson have become Angcln M. Cooper announces the openlng of pnnners. and Benjamin Y. Ford has joined the finn as Cooper Law Firm , Hilton Square Building, 3103 an associate. Airpon Boulevard, Suite 610, Mobile 36606. Phone Bayer Properties Incorpo rated llnoounces that (25 1) 473-8180. Jeffrey M. Pomc.roy has been named vice-president Patrick Harris . fonnerly of Beers & Anderson. and assistant general counsel. announce., the opening of his office at 323 Adams Avenue, Montgomery 36104. Phone (334) 262-2770. Beasley, Allen, Crow, MeUivin, Portis & Miles. PC nnnouoccs that Scarlett e M. Tuley has become n Mnrk l:loffJlUln, fonncrly of Corley. Moncus & shareholder with the finn. Ward. announces Ute opening of his office at 2229 First Berry & Berry a,mounces a nnme change to Berry. Avenue.Nonh , Bim1ingham 35203. Phone (205) 241- Be.rry & Little. 9643. Wesley B. Blacksher nnd Ronald Herrington William R. Payne. fonnerly of Lawton & Associates, announce Ll1c fonna1io11of Blacksher & Herrington, announces the opening of his oflice at 1300 Noble LLC. Offices arc located at 40 I Church Street. Mobile Street, Annisron 36202. Phone (256) 237-3560. 36602. Phone (251) 432-1010. .Jean M. Powe.rs announces Ll1eope ning of her Bohanan & Belt PC anoounces that Morris oflice at ·155 S. Warren Street. Mobile 36602. Phone Lilienthal has joined the frm1 as '111as socime. (25 1) 432-3781. Bradley Aron! Rose & While LLP announces 1ha1 Artlmr F. Ray U announces the opening of The Law Nathan A. Forrester , selected in 2002 to be the first Office of Art .hur F. Ray 11, LLC at 8244 Old Federal solicitor general in the history of the s1me.h as joined Road. Montgomery 36117. Pbonc (334) 396-5719. the linn as counsel. The liiin also announces that Jeffery R. Blackwood, James W. Childs, Jr., Tracy M. Thompson and Lauru Parchman Washburn have Among Firms become partners. Burr & Forman LLP announces that Ashley H. The Alabama Court or Criminal Appeals Hattawa y, Bradley W. Lard , Theodore M. announces that Ben Locklar , fonncrly with Jordan, McDowell, Jr. , K. Brynnce Metheny, and Joel A. Myers & Locklar, is now a staff auomey. Priceh , .Jr. ave become panners. Alford. Clausen & McDonald, LLC announces Ll101 Capell & Boward PC announces that George L. L. Hunter Compton, Jr. has been promoted to partner. Beck, Jr. has j oined the Einn as n member, and Uta! and Juan C. Ortega , Gabrielle Reeves Pringle and J, Mai Lan F. Isler, ,John H. RoU1an d Chad W. Bryan Richard Moore have joined as associates. have joined as associates. 144 M ,\ Y 2004 Clurk Dolan Morse Oncale & Hair Dennis Hughes, Bert S. Nettles, and become a member or the fum. Wi1hthe PC announces that Eric David Bonner Brennan C. Ohme have become mcm· recent death or Robert Burdine , lhe has become associated with the firm. bers, and Kbristi J. Doss and ,John Ii. tlrm n ame is now Sclr, Smith, Burdin e Wendy Brooks Crew & Associates McEniry, rv have become associates. & Kelley. The tirm also announces 1ha1David R. PC announcesthat Sybil Corley Bowell Sirol c & Pcrmoll PC announces 1ha1 Buker has joined the firm of co1111sel. is now a shareholder. and the fim1 name .John R. Baggette, Jr. and .J. Gregory haschanged to Crew & Howell PC. Stephen D. Springer and Stewart G. Carwie have become shareholders. Spring er announce the formation of Gamble, Gamble & Calame LLC Dennis C. Sweet, m and Ricl1ard A. announce. www.legalforms-AL.com was designed Deed especially for small firms and solo practitioners who Mortgage Last WIii & Testament are. seeking to minimize overhead expenses while Will Probate expanding their areas of practice. Estate Administration Guardianship & • We otler you a selection of Form Files, each of which Conservatorship is a us of related document forms. Power of Attorney Lease & Easement • You have the option of selecting the Form File for one category ($29) or the enti re Form Flies package Eviction Corporation for all categories ($99). Adoption • Each Form File may be previewed and downloaded Criminal Defense for immed iate use and reused again and again to Criminal Prosecutor e.xpedlte your practice. General Practice Timber Purchase www.legalforms-AL.com Litigation CREATEDBY ALABAMAAnOANEYS FOR ALABAMAATTORNEYS Download 1' II f; I / . ,I II I I/ I /. ·I II l' Ii H 145 Q Honorable George \.f. Aker.,· The HonorableGeorge M. Akers. United S101CS served ns its chief judge for over 25 years. He w:is one admmisuntivclaw judge. died Tucsd:ly.December 30. of the longest serving chief judges in the U.S. He was 2003in s Montgomeryhospital at lbc::ige of 86. a member or lbc:American, Alab3ma and Florida bar Judge Akers, known as MStony.-a native of associationsand scr>'Cdns a p:,s!presidem of the Dixie Abington.Virginia. scl'\'Cdin the U.S. Anny Air Force Lions Club. during World War D. He wns on A-20 pilot, n twin In addition to hi~ profes 146 MAY 2004 Senator B. Dori Hale Senator B. Doo Hale, a Cullman County lawyer and fonner year and served a iota.I of three terms. During his tenure in Ll1e state senator, died at his home on Thanksgiving Day 2003 at the senate, held key positions in the administrations of Govemor ageof 66. Guy Hunt and Governor Jim Folsom, Jr. Hale was born in Cullman County on October 31, 1937. After Governor Hunt said of Senator Hale, "Don wasn't your typi graduating from West Point Hjgh School in 1956, he enlisted in cal politician. He had friends on both sides of Ll1e aisle and he the United States Air Foree, where he served his country with leaves behind a lifetime of public service that few people can distfoction before receiving an honorable discharge in 1960. match. I could always depend on him, and his dedication to Ms Hale later auendcd Jackson State and then St. Bernard district and bis state won him friends on both sides of Ll1e aisle." College where in 1966 he received a Bachelor of Ans degree in Former Govemor Folsom echoed those sentiments. "I appoint· history. Hale wem on to earn his law degree from Cumberland ed Don Rules chainnan, which by the way is one of Ll1emost School of Law in Birmingham in .1969.Afte r graduation, he powerful chairmanships in the state senate, because we had a job returned to Cullm,1nw here he practiced law with Jamie to do and 1 knew I could count on him to do what needed to be Thompson and Asa Hartwig before being recruited by U.S. done,"Folsom s aid. '1 wasa De1nocratand Don was a Auorncy Wayman Sherrer to serve as an Assistant U.S. Attorney Republican. but we always worked well together. He was an in the Birmingham office. Within two years of his appoint. Hale amazing legislator and an even more ama7jng person. I've never was promoted 10 first Assistant U.S. Anorney and received know of anyone who put more of their heart into Ll1eirjob as a national recognition for bis services from the Department of state senator and he strove every day 10 do the best he could for Justice. the people of Cullman, Morgan and Madison counties.'' In 1975, Hale returned 10 private practice in Cullman, where Hale was particularly devoted to the cause of economic devel he practiced with Roy Williams under the firm name of Hale & opment and worked tirelessly as senator and as Cullman City Williams umil 1980. It was during the early l980s that Hale Auorney to recruit industry 10 nonh Alabama. Shortly after his was hired to serve as city attorney for the City of Cullinan. Hale retirement from public service in 1998, Hale was awarded the would continue to serve in this capacity for almost 20 years and prestigious E.G. Plunkett Visionary Award for his courage, was well recognized by his peers for his keen understanding of vision and dedication to the cause of economic development. municipal law issues. Cullman Mayor Don Green said of Hale, An editorial appearing in the Cu//mt111Times perhaps summa "I always knew him 10 be a very unselfish person. He was also rized the life of Hale best by noting. "He was a man who achieved a very knowledgeable city auomey. He served Cullman and power but didn't abuse i~ who earned respect and didn't betray iL" Cullman County well for many years as a state senator and the Certainlythis was a fiuing uibute 10 a man who devoted bis entire contributions he made will live on for many. many years." life in servfoeto others. In 1986, Hale eniered imo partnership with Greg Nicholas Don Hale is survived by his wife, Verna Hale; three children, under the firm name of Hale & Nicholas. and he began his first Derrick,Tre,'Or and HeatherHal e; and one grandchild, SpencerHale. can1paign for the state senate shortly thereafter. Hale, a lifelong -Greg Nicholas, immedimepasr presidenr, Republican. was elected 10 the Alabama state senate later that Culbnan County Bar A.~·socitlfion Mashburn , Telfair Jam es Bay Millette Admiued: 1936 Died: January 2, 2004 Gullal1om, William Collier, Jr, Miller, Martha Ann Skinner, Stanford Joyner Albe11Ville Montgomery Birminghrun Admiued: 1957 Admitted: 1990 Admjued: 1951 Died: February 15, 2004 Died: February 2. 2004 Died: February 24. 2004 Kelly, Robert Eugene Miller, Paul J ackson, Jr. Watkins, John Frankl in, Jr. Montgomery Phenix City Prauville Admiued: 1958 Admiued: [951 Admiued: 1947 Died: February 29, 2004 Died: June 13, 2003 Died: July 28. 2003 T II le t /. I R I ,I/ l I. I II l /c R 147 Hue/ McKi11levLove Hoel McKinley Love passed from us at his home in Tnlhulegn on lhc e,-ening or Februnry 18. 2004. He was 82 }eall old. He had pmcliccd lnw continuously for o,-er SOyears. and appeared in coun on behnlr or his client for the linnl lime on the dny or has dcnib. Dom in Elmore County, he w,s rolscd in Clay Cou111yand was a graduate or Bibb Graves High .chooL He was a coml>m ,·ctcmn of the Unilcd S1a1esNavy during World War II. u,igned to the 1$1Mw-ine AmphiblOUJ Corp. He sef''Cd for ''three years. six months and 17day~" ,n lhc Pacific111cnter where he fough1in bu11leswhich i11cl11ded Guadalcunnl. Bouganville and the Philippine Islands. Upon his honorable dischnrgc rrom the Navy, he ancndcd the Uni,·ersity of Alabama, where be receh'Cdbis law degree in 1949. He had hoped for a career wuh the Federal Bureau or ln,esligation ond was waiting for his application 10 be processed when he borrowed $ I 4 rrom bis father, bung ou1his shingle and fell in love with the pmc1iccof law. In the five decodes lht11followed. he representedlh0\1$:uld., or clknis with C\'CrfCOl!Ceivnblc legal f'l'Oblem.His lmowlc:dgcor t!M:law wasva.<1. yet no mMterwa, con,idcrcd too mundnnefor hi• ntu:otion.His exploits in thecivil urcnnwere legcndnry.He recently sold bis movie righis to o case rrom tbe 1950sin which he represented u clie111i11 a dispute over the propeny righis 10 a arw:1coritewhich smack her ns it foll from the sky. He wns inS111J men1nlin having lhl11meteorite placed oo permanentdisplay :11lhc UnivtmLyof Alnbam3Museum of NnturnlHistory in Tus<-aloosn. However. bis career as a civil litigator was soon overshad owed by bis prowe~, i1sa criminal dcrcnw attorney. Ht served n.~ counsel for th~ nccuscd in over 300 murder cases. During one high-profllc murder case_ he hnd nn automobile blown out from under him. Hi~ ~kill in 1hc derensc or persons charged as boode<>,,gcrswas well-known.>nd ClU1lcd him the nickname not. that child was destined to become a lawytt. My mother. "Little Jesus"- for if Huel Love co11ldn'1save you. then no one Belly C. Love. Joined my father in the pmc1iccof law m 1965, could. Although his career in criminul luw was primarily in lhe however they rarely tried II case together. As my fo1bcr dercnse of those accused, on several occasions he was nppoin1ed explnincd, "Neiihcr or us can stand n bnck seat driver:· My ns special prosecutor to present the srnte's case in n criminal brother. Hucl M. Love. Jr .. joined my fnthcr's practice io 1982. muucr. His career os both couosclor nod advocate - unpruul In 19S8my sis1cr. D. Leigh Love.joined the lirm. mid in 1999. Jckd. yet in his own eyes his highest :w:hic,-ementin the '"" I joined the furn. In 2003. my brother. Fred F. Ledbetter. Jr.. wils in being elected by his peers lO two terms os an AlnbatnJI joined the practice . One or my rathcr's gt'Clltcstpleasures was in Srntc Bar Commis~ioner. sharing his love or the lnw. He deLightcdi n nurnaring the 11rores As he watched the legal world evolve into specinll1.mio11.h e ~lo11ul development of those of bis chlldrcn who had followed continued to practice his own spcci:1hy-he lping people wilh him to n career in lhe low. nnd never lost hi, patience or became wh>tcver1>roblem they had at the moment. In his eyes. po\'l'ny annoyed nt their endless requests for ns_1lstnnce. wns no sin. Once he decided thnt he could help you, 11made no My rondcst childhood memories arc of him rocking on the difference to him whether you went 10 work in a suit or m o,..,r porch in 1he evening, with my mother. talking about their day. nlls. You would receive the full mcnsurc or his skill whether you Clien,t would often come by, bringing vegetables or preserves hnd paid his foe in cush or with produce. He was Lhc cmbodi or whnicver else they hnd of which they foll he might be in mem of everything thnt is good ruul bouomblc about the pmc need. lf business was to be discussed. then they would step off tice or law. the pon:h together nod walk off 10 3 private comer of the yard. This great countty lawyer w;is also my f.lther.He wa. 52 In "To Kill A Mockingbird:· Harper Lee crcatcd an tdeali7.cd yd!J'Sold mid in the middle or a uial "hen I was bom. By this countty lawyer in the character or An.icus Finch. Bui to me. time he had mastered the on of dashing to the hospiuil nursery Alticus Finch was no Octional charnctcr- hc wns my rnthcr. TI,e during the court's recess(o ficn with the nssistance of n ;tote lessons which my fother 1uugh1.through his own c,-ample. were trooper) 10 welcome nnother child i11101he world. As often ns more nbou1dignity nnd compassion than nny f'lne point or the 148 MAY 2004 Jaw. His measureof his own wealth was in the Jivesof those he Hue) M. Love was a dutiful and loving son LO his mother, had touched. We should all aspire 10sucb riches. Mattie Love Ritch. until her death at the age of I 00 in May During his entire legal career. the door to his officewas always 2003. He is survived by his wife. Betty C. Love; five daughters, open 10 any person with a question or problem. Now, for the first Alice Faye Love, VirginiaPaige Smit11, Carla Ann Love, D. time. tliat door is closed.The papers on his desk remain exactly Leigh Love. and Julie LoveTemp leton: four sons. Hue! M. as he left them on Februat)' I 8. 2004. Each of us has lost some Love, Jr., Fred Franklin Ledbetter,Jr . . John Hugh Love and tlting-a father, a coUeague,a mentor, a friend. His family would Jason Landers Love; one sister. Edna Sue Pius, one nephew, appreciate and cherish any recollections or stories which you feel Huel Pitts; 13 grandchildren; and nine grcat-grandchildtcn. that you can share. You may contact the family through the office -As told by Julie L u,ve, of Julie Love P.C.. P.O.Box 20577. Tuscaloosa35402. wi1hassisw11ce frr>m Hue/ M. love, Jr. U.S. District Judge Edwin L. Nelson Edwin L. Nelson. U.S. District Judge for the Northern Comrniuce on Information Technology and, at the time of his Districtof Alabama. passed away on May I 7. 2003 after over death, was serving the last year of a three-yea,· term as commit 13 years of service as a district judge. followingover I 5 years tee chair. His able and farsighted leadership resulted in a new of service as a magistratejudge on the same court. He was born nationwide case management and electronic case filing system. in E.~s,Brew ton, Alabama on February 10, 1940. as well as greatly improvedsecurity for elecLronic communica Judge Nelson joined the U.S. Navy in 1958 where he served tions without compromisingindivi dual privacy. aboard the destroyer '·U.S.S. Lloyd 1l1omas." After attending Just as Judge Nelson was a lifetimejudge. he was lifetime Lhc Univcrsiry of AJabatnaand Samford University. he received and devoted husband to his "bride" of over 37 years. Linda Jane an LL.B. degree from CumberlandSchoo l of Law, Samford Mayes Nelson, 1he father of their two beloved children, Allison University,in I 969. and Pauick. and doting grandfather of four. Following five years of pn1c1ice in Fort Payne. he began his Strong spiritually and mentally,d ignity and fairness were tltc j udicial life by accepting ao appoinunent on October 17, 1974 haJJmarks of his courtroom and chambers demeanor.Always a as U.S. Magistrate Judge for the Northern Districtof Alabama. souLhcrn gen1Jcn1an with a refinedn 1anncr. Judge Nelson's On Febma.ry9. 1990.he entered active duty a~ DistrictJudge career as federal judge was august and distinguished. He is rollowingh is appoin1men1by President George H. Bush. remembered for his constant pursuit of knowledge, his high Judge Nelson's service in the federal judiciary was no1 limit standards for integrity, his hard work, his dedication to public ed to the court on his sat. He served as president of 1he District service, his wonderful sense of humor, and his love and care for Judges Association for the EleventhCircuit and as a member of bis family, friends and coJJeagues. He is greatly missed. the Judicial Council for the ElcventJ1Circuit. For six years, he -James H. Hancock, senior judge. U.S. Dis1ric1Co11r1, was a member of the Judicial Conference of the U.S. Nonhern Dis1ric1of Alabama. Birminglwm Judge J. Wi{fred Tucker Judge J. Wilfred Tucker. longtimejudge, prosecutorand Cullman. Karen Shedd of Mississippi and Dr. James Tucker of lawyer in Cullman. died December 18, 2003. Florida.The Tucke1'S had seven grandchildren and nine great Judge Tucker was born Pebruat)' 17, 1932. He was admitted grandchildren. 10 Lhc prnctice or Jaw in Alabama in I 955. He served two terms Judge Tucke('s late father. Jack Tucker, was one of the origi as county solicitor of Cullman County, from 1963 10 1971. nal 13 probation officers for Lhe State of Alabama. Jack Tucker Judge 1\1cker was elected district judge in Cullman County and also served as police chief for the City of Cullm:ui. Judge served from I 98 I to I 993. Tucker's brother, Kenneth Tucker, served as probation officer in In addition.Judge Tucker served many yearsa~ a municipal judge Cullman County for 41 years. Judge Tucker's other brother, in the townsof Cullman.Hanceville , GardenCity and HoUyPond. Donald, of Dec.11ur, is a retired NASA engineer. He and his wife. Doris, were married for 47 years and they - Jt1111esR. Knighl, had four children, DcbrnTucker of Cullman. Donna Jacobs of Knight,Grif}i1h, McKe;1zie, Knight. Mc£/,oy & liflle. LJ.P.Cul/111n11 f II I. ,\ L \ IJ \ \I \ t \ 1' ) I. R 149 •11111 Robert L Mccurley, Jr. a, < UniformCommercial Code :a ...0 CD ~ lnbama adopted the Unif011llCommercial sions of 0Ll1er articles must be reflected in an update or r Code in 1965. This Uniform law is the law in Anicle I. ns: all 50 s tates and was drafted by ~1e American Revised Anicle J contains technical. non-substantive (") A Bar Association and the Nntionnl Conference of modifications. such as reordering and renumbering of =~ cii Commissions of Uniform State Laws. sections and adding of gender-neutral terminology. In '::< Alabama's UCC remained vinually unchanged for 30 addition. several mbcr changes rellect an ef:ron 10add ,..c.. yeurs. except for one panial revisionof A1ticle 9 in l 982. greater clarity 10 the general provisions of Article I. The ABAINCCUSLconducted a review of the UCC There are 1wosubstantive provisions dealing with to as.sure that it bad kept pace with modem business ''Good Faith" and "Choice of Law." BoLli of these are practices. As a result, each of tbe articles has been unchanged by this revision and remain tbe same as Studied and revised. Alabama revised iLs 1965UCC Ll1cy have been for 40 years. laws one at a time.begi nning with t.bet\YO ne,v arti· clcs. Article 2A-Leases and Anicle 4A-Funds UCC Article 7- "Documents of Transfers. The Articles have been revised as follows: Alabama initially adopted ~le entire Code in 1965. Trtle" This is the least controversial revision of all the arti UCC- ARTICLES REVISED cles of the Uniform Commercial Code that the Institute I. "General Provisions" Pending 2004 revised. 2. "Sales" Unchanged Article 7 is Ll1e last substantive article of 1l1e Unifonn 2A. "Leases" 1994 Commercial Code 10 be revised since 1965. The pur 3. "Negotiable lnstrumentS" 1996 p0sc of 1he revision is 10 provide a framework for and 4. "Bank Deposits and Collections'· 1996 in recognition of the eleccronic documents of title 4A. ''Funds Transfers" 1993 which became n=ssary due 10 Congress passing the 5. "Letters of Credit" 1998 Electronic Signatures in Global and National 6. "Bulk Sales - Repealed" 1997 Commerce Act or ESJGN in 2000and. subsequently. 7. "Documents of Title" Pending 2004 Alabama passing tbe Uniform Elec1ronicTransactions 8. ''lnveslJJlentSecurities" .1997 Act in 2002. 9. "Secured Transactions" 2002 The purpose of this project was two-fold: (I) 10 pro vide framework for use of electronic documents. and UCC Article 1-"General (2) to update the Article for modern times in ligbt of Slate. federal and in1em:1tional developmems tl1at have Provisions" transpired over Uie last 40 years. This provides defrnitions and general provisions that ll 1is Act typically provides documentation of goods in the absence of conUicting provisions. apply as that have been placed with another pany. either for default rules covering transactions and mauers other storage or for !J'3nsfcrr o another pany. Usually, these wise covered under a differenr anicle of the UCC. are warehouse receipts and bills of lading for truckers With the other pans of the UCC having been revised and shippers. and amended to accommodate changing business prac Technical changes that have been made include: tices and developmen!Sof law, it is necessary that Llie-se I. New definitions of "carrier." "record," "sign" and changes be made and the changes made in the revi- "shipper" in Section 7-102; 15 0 MAY 2004 2. Deletion of references to tariffs or filed classifications given Uniform Trust Code lbe deregulation of the affected industries. See e.g. section HB RepresentativeLeslie Vance 7-103 and 7-309; SB Senator Rodger Smitherman 3. Clarifying tbe rules regarding when a document is nonnego tiable. § 7- 104; 2004 Regular Session 4. Making clear when rules apply just to warehouse receipts or The 2004 Regular Session began February 3rd, and at the bills of lading. thus, eliminating the need for fonner section writing of this article is approximately half over. There arc 7-105: pending 420 senate bills and 620 house bills. With more than 5. Clarifying that particular terms need not be included in J.000 bills having been introduced. on.lytwo local bills have order to have a valid warehouse receipt. Section 7-202: found their way into law. 6. Broadeningthe abiLityof the warehouse to make an effective Copies of Law Institute bills are available on l11elnstilute's Limitationof liability in its ware.housereceipt or storage Web site. www.(l/i.s1a1e.al.11s. agreement in accord with commercia.1practice. Section 7-204: A copy of all legislation may be obtained from the Alabama Legislative Information System online: at 7. Allowing a warehouse lo have a lien on goods covered by a ww,v.alisdb.legislar,,re.sr01e.al.11slacas!ACASlogin.asp storage agreement and cla.rif-ying the priority rules regarding the claim of a warehouse lien as against otber interests. The legislature is scheduled 10 adj ourn this month, May 17th. Section 7-209: For more infonnation.contact Bob McCurley.director, Alab.-una 8. Conlom,ing language usage 10 modem shipping practice. Law Institute. P.O. Box 861425. Tuscaloosa 35486-00I 3. fax Sections 7-301 and 7-302; (205) 348-8411. phone (205) 348-741 I or vis.it our Web site at 9. Clarifying lbe extent of lbe carrier's lien. Section 7-307; w,v1,~ati. state. al. us. • I 0. Adding references 10 Article 2A wben appropriate. See e.g. sections 7-503, 7-504 and 7-509; 11. Clarifying that the warranty made by negotiation or delivery of a document of title should apply only in the case of a vol untary transfer of possession or control of the document. Roben L Mccurley,Jr. llob!l1L MdlJ1e,\Ji.alhld,.,,, ol lhlAJalmwlaw .,.;,uie11lhl li<""""'1alAlalmw .lle Section 7-507; ~ i-s~i:etllll lawckqeesffUll lhe I.JnMnity. 12. Providing greater flexibility to a coun regarding adequate protection against Joss when ordering delivery of the goods or issuance of a substitute document. Section 7-601; and 13. Providing conforming amendments to lhe other Anicles of the Unifonn Commercial Code to accommodaieelectronic Free ReportShows Lawyers documents of title. How to Get More Clients Only the very controversial Article 2, "Sales:' has not been Calif.- Why do some new clienlS this mo nth. you revised. Currently, the Institute is not planning a review of ll,is lawyers geL rich while 01hers 1nay no1..:" he says. Article. Information concerning these bills can be found on lhe struggle 10pay theirbills? A refem1lsysiein. Wardsays . lns1i1u1e's Web site or by obtaining a copy from lbe legislature: The answer, according to can bring in a steady stream of UCC Articl e 1 nuomey. David M. \.Vatd, halt clie nts, month after 111011th, year nothing to do whb talcat. educa afteryear. ffB-217 Sponsor- Representative Cam Ward tion, hn.rd work. or even luck. ..1t feels great to co 1ne to the SB-68 Sponsors-Senators Zeb Little, Roger Bedford, and ''The lawyers who 1nake the office every day knowing the Larry Means big money are not ncccssan1y phone will ring and new busi UCC Article 7 better lawyers... he says. "They ness \vUIbe on the line:· have sin,1>ly learned how to Ward has 1nught his referral HB-252 Sponsor- Repre.~ntative Charles Newton marJ,:ctlheir services." systen1 to over 2,500 lawyers SB-168 Sponsors-Senators Cun Lee,Ted Little, Zeb Little, A successfulsole practitioner worldwide. and has wriuen a Wendell Mitchell, and Rodger Smitherman who struggled to attract clients. ne,v report. ''Bow To Get Ward crediL~ hi~ turnaround to a More Clients In A Month Other Institute-Prepared Bills referral nlarketing systc,n he Than You NO\V Get All Year!" Uniform Secw·ilies Act (pending on the calendar of each developed six yeru,; ago. which reveals bow any lawyer house) .., went fro1ndead broke and can use this systen1to get n10re HB -301 Representative Marcel Black drowning in deb t to can1ing cli ents and increase lheir SB-290 Senators Roger Bedford, Rodger Smilbennan, and Ted $300,000 a year, practically income. Liu le ovenlight," he says. Alabama lawyers can get a Most l:.l"'yers depe 1)d on FREE copy of this re1>0nby Uniform Landlord Tenant Act referrals. he notes, but not one caUing t-S00-562-4627,a 24- HB-274 Representatives Jeff McLaughlin, James Buskey, in I 00 uses a referral sys1e111. hour free.recorded message , or Maroel Black, Merika Coleman, Priscilla Dunn, "Witho ul a system. referrnls visiting \Yard's web site. Demetrius Newton. and ·cra ig Ford arc unpredic table. You may gel hUp: //,,~'W.d.avid,varcl. cont SB-197 Senators Myron Penn and Rodger S,nilbcrman r II le .t I. t II A .\I A , • .A II l E II 151 Birmingham attorney J ack Criswell has been lawyers throughout the country who devote U1e named chairman-elect of the Automobile Law majority of their professional time 10 chepractice or Commiuee of U1cTon, Trial and Insurance Practice teaching of consu'\lclion law. Coleman regularly Section of U1eAmerican Bar Association. His tcnn serves as a mediator or arbitmcor or dis1,uce.sarising as chair will begin in August of this year at the [rom construction projects. ABA's Annual Meeting iJlAtlanta . Criswell has been practicingin Birminghamsince Ernestine S. Sapp. a partner witl1the Tuskegee 1988 and is a gradu<1teof CumberlandSeboo l orl.aw. firm of Gray. L.1ngford.Sapp. McGowan. Gray & Nacl1anson, recently wa.se lected as slate delegate The Alaballla Ce.nter for Dispute Resolutfon has from Alabama to the American Bar Association's been named a recipient or the 2004 Pro Bono and House or Delegates. Her three-year teem begins this Legal Services Dispute Resolution Mi.oi-Granis. ycM at the ABA's Annual Meeting in AugusL Earlier this year, the Jackson County Historical Society hosted a ceremony bonoring U1eJackson Judge Rhonda Jones Rardcsty was recently pre CouJ1ty CourU1ouseand U1eScollsboro trials. sented with U1eClan ton C.J.T.Y.Program's Citizen along with che dedication of a Legal Milesconcs of the Year award. Judge Hardesty was recognized marker. The marker was crecccd in 2003 as a joim for her continued assistance to youU1s in Chilton project of U1eHistorical Society and the Alabama County through the circuit court system. State Bar. Constmcted in 19 11-12. the Jackson County Hunl-"-villeMw,icipal Judge Charles Rode11hauser Courthouse wasthe site of the first or the was presented rccencly wiU1an award from the Scousboro Boys trials. where cwo white women Southern Conference on Language Teaching. Toe accused nine black youths of rnpc in 1931.Arter a award was in recognition of his effons co meet the series or trials, convictions and ovenumed deci neccl1of foreign language speakers who appear in sions. a compromise was reached in 1938. with his court. some of the defendants freed inuncdiacely and oth When lhe City of Huntsville hired Polly Blalock ers released by 1950. as n city prosecutor. Judge Rodenhauser smv a Two landmark United States Supreme Court deci chance to help Spanish speakers. Blalock speaks sions arose directly from the case: Pa11erso11v. nuenl Spanish and hns conversationalskills in Alabama and Norris, .. Alabama. Many consider the French. Italian and Japanese. Scocisborocase and ilS afiermath one or the begin Rodenhauser wrote a list of questions and phrases nings of the civil righL•movement in Alabama. lhacwould help him communicaccwitl 1 Spanish speakers before the bench. Blalock u-anslated the Montgomery attorney William O. Coleman. who list and coached Rodenhauser in che pronunciation serves as managing director or Capell & Howard of the words. Court personnel also auended o PC. has become n Fellow of U1eAmerican College Spanish class conducted by Blalock. ln addition. the of Construction Auomeys. The College is a profes court has n List of imerpreters on call for arraign sional association consisting of approximately J20 ments and trial dockelS. 152 MAY 2004 Dr. Larry O'Neill Putt was recemly named the new cleanof In 01her association news. J. Mark While was elected the Thomas Goode Jones School of Law nt Faulkner president; Lee Thuslon was named president-elect:C ircuit University. Pull has been with the law school since 1999, Judge Robert S. Vance, Jr. received Che2004 Judge serving as associate dean for Academic Affairs nnd Professor Drny1onJomes Award for his dedication in helping new or of Law. He replaces Wendell Mitchell. who will serve as young lawyers: and Martha Jane Pallor, 1-eceivedtbe dean emeritus and professor of law. Pull earned a bachelor's Sanon Barnes Public Service Awardfor her work in various degree in economics and political science at Mississippi organizations including serving as executive director of che State University and a master's oflaw degree aod juris doc Legal Aid Society. tor degree at the Univen;ity of Mississippi. Wals1on.Well s, Anderson & Bains LLP announced recen1Jy Frank M. Bainbridge was recently named the Birmingham that Ronald Levitl, a parmer in the Binningham finn, hns Bar Association's Outstanding Lawyer of the Year. Richard been elec1ed10 1he American College of Tax Counsel. Vincent, chaimrno of lhe BBA's Lawyer of the Year Members must have at least ten years of subsuuuial experi Commillce, presented the awurd. Bainbridge, of Bainbridge. ence in tax and tax-related mauers and demonstrate an Rogers & Smith, started practicing in Binningham in 1956. exceptional degree of professional commitmenl 10 the prac In 1970. he was the BBA's chair of the Unauthorized tice of law tluough active involvement in the Tax Section of Practice of Law Committee when a scandal broke concenting the AJ3A. three disbarred Bimlingbam lawyers who continued to pro Levilljoinecltl1e finn in 1996 toesinblish the !inn's tax mote themselves as licensed attorneys to out-of-state clienL5. prac:1ice.He is li~aedin Best Ulu•yer3·hr A111eriCll in taxation Bainbridge mobilized his conunittce to expose and shut and serves as vice-ehainnauof the ABA Taxation Section's S down the "quickie divorce" racket and said 1wojudges Corporationcommit tee and president of lhe Binningl1nmTax involved in the scandal were removed from office and sent to Forum. He ha.~served as chainnan of the ASB·s Tax Section federal prisoo for maiJ fraud. and os presidem of the FederalTax Clinic. Inc. Levilt also hns Following the scandal. Bainbridge received an award of served as un adjuncl professor of Jaw l'or both The University meri1from the Alabama State Bar, and in 1977, was elected of Alabama School of l..1w's LLM in taxation program aod pre.~idcntof the BBA. CumberlandSchool of Law.te aching panncrsbip taxation. • Hauegou OrderIndexes any way you 411~..want them. uisited theRSB' s UJebsite Latelg? Get the quanlilies you want for the indexesyou need. Flexibleo rderingl Al competi Abo: Tabbies. Ellhlblb labd,. Taa•. Stampu-. Laur lndue, tive prices too. Trust,M edical. U!lgalloo,AlptiabelJCal , RcJnan N!lneral. Table orCoo lllnts, Nume-rse B1umberg5Xcel~q( Numerical letter or legalsilo , bollom or side !ablled \31>.ledge< s to:k; llllJsp rtn:edCl\ bolh sifes.mylar 800 LAWMAR T 800 529,S278 ~ lorClld, -,it blanl() fax 800 561·91118 www.blumbuo,c01n T/11' .4/ . 48,1,1/·1 /. 411 l ' ER 153 A D.V_A.N.. ~ I-J1( G; ,~.D .R. IN ·A· LAB A'tvfA: -199 4- fo !i'4 . --- ..- . These Are A Few of My FavoriteThings fil ' JI D/1 H II A.H.G:\,\' en years have tlown by since ··we communication. We had some great guys" and l fust met in !he Lange bridges. body language and laughs. T Simpson room in I994. It was Later. I helped the faculry who would Marshal l Timberlake, Bill Coleman teach the course in each grade select and Keith Norman. !he new Alabama curriculum and videos. During 1he fol Stale Bar director, and I, tlceing from lowing year, llie Center ho~ted !he Washington.D.C . traffic. They hired me faculty of Lanier High School in to run a Center for Dispute Resolution Montgomery for two days of mediation with a long '"to-do" list outlined in !he training. The Commission has continued Alabama Supreme Coun's order. The to fund peer mediation. Anne Isbell. Center was to be responsible to the Commission member from northern Alabama Supre me Court Commission Alabama. bas taken Ll1atproject on Dispute Resolution (Commission). srntewidc. She hns been assisted in Over !he years. !he Center and Jefferson Coumy by funding secured by Commission have worked on many ven retired Jud ge Geral d Topaz:!, Lt. tures wilh wonderful volu111eers,leaders Governor Lucy Baxley's appointee to and the bar's ADR Commiuee. We have !he Commission. enjoyed making progressiveADR hap· pen in this state. After reviewing ou.r 1995 annual rep0ns and scrapbooks, I picked Public service announcements fea out a few or my favorite things. turing mediation were heard and seen on Alabama .radioand TV thanks to !he 1994 work of Susan Andres , the srntc bar's Judge Joseph Phelps and I began communications director, and !he bar's peer mediation at Chishol.m PR CommiUee and Communication Elementary School in Montgomery. Deparunent's collaboration wi1h the The judge convinced the principal Ihm Center. A pannersbip with the Alabama allowing kids 10 problem solve with tbe Broadcasters Association for ainime help or a fellow student mediator was a made i1 possible 10 bring mediation to good thing. 1 worked with 1hc faculty, the people. You still might catch one of puuing them thtough Jots or kid-type our TV sp0ts in which Commission activities that teach cooperation, brain members Bill Coleman or Capell ActingAl1.tl){J11ta S1,p11:111c Co11n CJi;ej J1,stice storming and problem-solving, such ns Howard and Ste,·cn Benefield of Oon11(1n/1ouston al 11napMll,ue ,ntdiation trainlng bu.ildinga bridge with marshmallows, Chri stian & Small excel in their roles se111iuaroftt.r addressing the panicipa,u:s gumdrops and toothpicks with no verbal ns 1nedialors. 154 MAY 200> ------ADVANCING ADR IN ALABAMA : 1994 - 2004 1996 The state's first Mediation/Settlement Weck occurred du,ing the summer in the 15th Judicial Cireui~ spearheaded by Jud ge Sally Greenhaw. The purpose of the event was to clear tl1edocket of Gnry F.Cnnne,; I Ith Cbr::uitn1edin1or. cond ucts'"' appellate n1edi0Hontraining se111inar a11'1e pending civil cases and 10 provide partic state bar. ipants an opportunityto decide their own cases through mediation. During the "lit· igation truce," witl1a limited docket of Court, Jud ge Lynn Bright began the Commission member, and Judge NLx contested ttials and bearings, trained vol longest running small claims mediation were willing to expcnmcnt.AOC coo rdi unteer mediatorscoordinated by Wes program in the state. It uses volunteer nated tl1e volunteer citizen mediators, and Romine mediated pending civil cases. lawyer mediators and law students to Ken Dunham of Jones Law School and I These truce~wi th mediated settlements mediate at docket calls. It ls adminls· u:ainedth em. This programhas developed arc still a great idea, and I encourage you tcred by Pam Gooden Cook, is fully to include parentingpl ans for divorcing to LI)' one in your own circuit. supported by Judges Peggy Givhan and couples and peer mediatiooin Lee County Lucic McLemore, and is highly suc Schools. Commissionfunding assisted in 1997 cessful. By year's end, Lhc Center's Web both agency and small claims mediation. Alabama's first community mediation site was up and running. The first special issue of 77,eAlabama center was instituted in Montgomery I.Awyerfeaturing ADR was published. through the work and dedication of 1998 Duringth e year, the Alabama Academy Malcolm Carmichael of Balch & This was the year of Attorney Mediators, the first profes Bingham. Developedas a program of the heaven-sent (at sional mediatorassociation , was organi1.cd Leadership Montgomery. in collabora tl1einsistence of and began meeting in Charles tion with the Center, funding came from anomcy Arlene Deoaburg's officein Binningham. the Commission and other organizations. Richanlson) For five years. community mediation Jackie Heartsill 1999 was successful here, using ttained volun joined the Centeras Arbitration in Alabama. Ltainingfor teer mediators. but every year they had n1yexecu tive assis- advocatesand arbitrators. was developed to look for funding to keep the adminis tant.J ackie ,vas Jatkie Htart$il/ by a plan11ing committee (including BiU lrator position.Now. aftera two-year judicial assistant 10 Coleman, Jack Clarke and the author) hiatus.and ,vi1hpartial fundin g, the Honorable Ted Bo-,emanfor 20 and convened by Anita Hamlett and Leadership Montgomeryis sLtugglingto years. Her help has been invaluable.J ackie Steve Emens at ABICLE . This imerac determine how to keep community medi maintainsall the databasesand the tive course was broadcastin eight cities. ation afloat. Additionally. the bar's finances.and keeps the office functioning The EEOC's BinninghamDi strict Office Attorney Client .Fee Dispute perfectly.Exec .utive Orders 42 and 50 presenteda program on the EEOC's Resolution Program, featuring media started agency ADR in Alabama,and the New National ADR lniliati, ·e. I was a tion and arbilfation, kicked off its first Governor's Task Force on State Agency guest speaker, and Commission mcmbe/' year under Rod Max's leadersbip. ADR (TaskFon::e) bega n its work under Debra Leo was as weU. She continues to Currently under the administration of tlie leadership of Marshall Timberlake of be ADR coordinator at EEOC.Th e Rita Gray, the program has had fee dis Balch & Bingham, Karen L. Bryan of Center and the Alabama Crime putes ranging from $50 to $64,000. It is LaMoreaux & Associates and me. Lee Prevention Clearinghouse sp<>nson.>d voluntary, and free to both anorncy and County commencediLs small claims tl,e HarvardH ealtl1tc lcconfen::nceat client. At ~1e Montgomery District mediatioo program.Judge Richard Lane, AUM, "Safe Schools, Safe I II I. \ L \ H \ \I l t l U t /~ I( 155 -- ADVANCING ADR IN ALABAMA : 1994 - 2004 Communities." The Jelf crson County -.'Ol"kon the Gulf orM exico beganthe firstcoun-connc:cted\ ictim Distrkl Court Medi.ution Program got Colloborotion project with p.,rticipants OITenclcrCo nferencing Program in o great sllltl as l' ARE YOU PAYING TOO MUCH FOR LIFE INSURANCE? CLE ThroughOnano hl\HIUIICC' )'OV CM puKba.ko IIIT(lflfab~b(\! IIU;utnllCCfrom hlaf1ly nuc tJ OPPORTUNITIES lnlil.lrtlntc (Ol'nptulJct.. l'o avoid O\'Ct'pll)'ing. c:oll(l'W .I (f\'C (11IOl'Con polidc!ItlU'l&,inl (m1n $1tl(),O()() up IU $2',000,000to COl1lpcll"CWilh )'OUr C:l.lnt'.MIti~ or businc!l!I IM/lall'lllM:( TheAlabama Mandatory ClE \\ctt Couc Lafe1MUIIOCC Company S250JlOOl.cv9S Sl.100 Sl.67' si.ru comple1elisting of current programs at lljll Drane Insurance state bar'sWeb sj,le . Carter H. Drane www.alabar.0111. (800) 203-0365 Lt~ ,._.IICC'· ~-ec 8adt1t • r~ Phttnina· AmwrtliN lr.T LS FAXYO\, I\ QUOTE '-'----~f-G'-" ..... ,..._. ... ,...,, ... 1.. lf ... JI,.,--...... --~ ...... llGOt ...... _ ...... \MIII....._C..,-.. \.11 .._...... ,.__, ._,~, .. ,__, _ _...... t ...... _.."' 1,. • »'t'M...- ...... _.., ...... ,, ...... __•• ,_.,.. ... _.....,.._....,-n,,,1-.,...... , ... .,,...... w•....., . ,...... "'1 _•• ,....., t__,,.,r,,._._...... _._,._.~-.~.. 11,,.,...,..~ ...... _ ...,_ ...... , ...... a., ...... ,1,,_ •• -...... ~ ... ,,...... ,.... _. 156 MAY 2004 ADVANCING ADR IN ALABAMA : 1994 - 2004 state contracts in which Chapter 5, first coordinator trnini.ogoccurred in Florida will teach. Thanks to the Alabama Section 48(6) of the Alabama Fiscnl October 2003.Tite Center hosted over 120 State Bar and Robert Huffaker , editor of Policy and Procedures Maounl is normnl attorneysand judges at AppcUate The Alavama Lawyer. this special ADR ly applied conceming con1rac1s and Board Mediation 'Ir.lining with Gary Canner, is_,;ueis being published. of Adjustment cases. Tori Ad,1ms-Burks, 11th Circuit mediator, as lead 1rainer. John As the tenth year of the Commission AU, of the Attorney General's Office, Wilkerson. clerk of tJ,cCourt of Civil and the Center unfolds,J tl1ankthe and John Wible, general counsel for Appeals, and Rebecca Oats and Celeste supremecoun. for their support,and Public Health , became co-chairs of tl1e Sabel, staff attorneys.were responsible for Justice Sec.ou r Commission member who Alabama State Agency ADR Support teaching how the appellate mediation pro keeps the Court aware of our work. Also, Group (Agency ADR Support Group), gram will work in Alabama.Acting Chief thanks to the Center's Board or Directors sucecs.~or organi1.ationto tltc Task Force. Justice Gonnan Houston sent a letter to Bill Coleman, Noah Funderburg and Additional leadership included Mose aU trial judges in Alabama encouraging Judge Aubrey Ford. I appreciate greatly Stuart, Finance; Jim Goodwyn, them to use mediation. This leuer accom the work of the bar's A.ORCommittc>e Conservation and Natura l Resources; panied a brochure developedby the and Mary Lynn Bates, chair. Much grati Bill BuUer, Medicaid; Carolyn Cemer: Usi11gMediation to Resolve tude to Keith Nom1a11,Ed Patterson, Robinson, Public Health; Doug Disputesi11 Your Court. a primer for Tony Mc.Lain,J ackie Heartsill . and all Lunsford, Personnel; Bryan Morgan, Judges. We owe Rendon DeBray and my coJleagucs at the state bar with ,vhon1 State Military ; and t he author.At the Robert Ward from Rushton Stakely, Md it is a pleasure 10 work. • bar's annual meeting, the Christian Legal membersof the ADR Comminee for tl1e Society awarded me tlie 2002 brochure and leuer suggestion. They con Peacemaker Award. t.'ICledJudge Ford or the Commis~ion who Thi., issue is dedicoted to Marshall spoke with Justice Houston about the idea. Timberlake, wlro died last year. 2003 In one month. tbe brochure and letter were Goven1or Bob Riley issued Executive writtenand mailed. Order 7. as supportedby Commission member and then legal advisor,Troy 2004 Judith M. Keegan King. This order expanded the agency Appellate mediation begao in Januruy, Ji.ldyIC "98n Isa 1986griduate wo1·~1>lacemediation program to include administeredby Michele Walters at the OICatho licllni vot$!ly,Co luttilus Schoolol law i'I \Vashl!lfllOl'I. all agenciestl1at want to panicipate, supreme courL As I write this. Wayne 0 C.After r,acti ci~ IM.-. encouragedmore ADR and collaboration Turner , longtime mediator, bas settled Mal)lord.o .c..-.cl V, rg;,,,,. "" in State agencywork, and requiredeach one of the first appellate mediation ITll\'edto Moolgl:IIBV Wllfl her husband..end has beendie agency.board and commissionto appoint cases. A two-day Arbitrator training direclc,o f theAlaib.ima Centa r an ADR coordinator to work witb tl1e will be hosted by the Center this month. forOisput eAec:o h.rtlonfer tM vea,,.Sbe begatl mecia t. AgencyADR SupportGroup. The re are Seasoned arbitrators Jack Clarke of Ingw, 1985 now 82AD R agency coordinators.The Montgomeryand Cary Singletary of The software designed by ickCA!iE lawyers for lawyers A Cu.R Soft wurc U C Pro We can make your UncontuteNotce 1ftAl~fl\fl 2,0 cr.a 1.-: child support and uncontested • cetul'ie:ateOI otvorce divorce cases as easy as 1... 2... 3 ... • CS-47 • Ctllld StAPPOfllnlorma !IOnS hee1 • CS-41 - Olld Suppo,ri~llor\s 1. Enter the Case Information • CS,.t.2 • Q,ild Suppoll Oui!l&lit'les 2. Print the Documents • CS.-43 • Qlikl Support NolioOOf C¢t1191iftl'lee • Cmtody Allidovlt 3. FIie with the Court • Wage W4hholdingOr det ~•J.""'--s ~ ...... Child Support In Alabllrna 2.0 Gfelllt-S: Cornplnln1lor Divofoo, SUtttmotlt 0, NOtl-R1!9f~ !Od P~rty. ~'C!r •nc1 • Cs.47 • et,Acf$t4>POrt ll'll orm,,slon Sheet Waiver Cl Oelendanl.Oral~. T8Sbm00y ct ~. Se9t,ral)OO • CS- 41 • CllikJ 5'JJ>t;,ottot,lig;, hons Agreement. VmitallonAQ N1omen1. and Decweecl DIYOtee • CS-4.2• ChildSl4IP0rt Guidelines • CS-43· CNld$~ No(Q ol Com~ Ready to save time and money? • Cl.6lod'/A ftid.wrl Unco ntested Divorce in Alabama 2.0 ...... $595 • VIIIQCV/ ie'iheldll!Q()me, • Att~,a,ge Repon Chi ld Support in Alabama 2.0 ...... $195 Both products include our R1,1lo32 Child Support Calculator free! Give Ou1ckCasea tryt To ge1a lree We Ntndle o tremendous n~r ot uncontested divurces nnd MO ablo to demo CD-ROM caJI com1>1etethem in minul.0$. _. This p1ogramis truly 0o0 or tho 1>es11nvottments tn soflwar(IIour company net.:>Ovor made: 334-244-2983 Honey Martin exocuuvo socroto.ty BATIAGLIA LAW OFFICE L sel'VICOS~ 110n Doth.An.AtobamA TIii-. Al.-18.·\ ,\IA I. AU rER 157 The AlabamaSupreme CourtCommission on DisputeResolution Rl' 7 Hf . IIONORABLL Al 'RR£)' f(JRL>. JR lt1tmbt~ ofrhtt Alabama Sriprrmr C 158 MAY 2004 J I PublicationsOrder Form The Alabama State Bar is pleased to make available to individual attorneys, firms and bar associations, ALABAMA SWE BAR at cost only, a series of brochures on a variety of legal topics of interest to the general public . Below is a current listing of public information brochures available for distribution by bar members and local bar associations . To Sen•e the Public $10.00 per 100 ... Highlights and details of bar public ser vice programs from the TO SERVE THE PUBLIC video presentation. Law As A Career $10.00 per 100 Qty _$ __ ... lofom1afjon on the opport unities and challenges of a law career today. Lawyers a11dLegal Fees $10.00 per 100 Qty _ $ __ .. . A sunnnary of basic legal pro cedures and common legal questions of the general public. Last Will & Testament $10.00 per 100 Qty _ $ __ ... Aspects of estate planning and the importance of having a will. Legal Aspects of Divorce $10.00 per 100 Qty_$ __ ... Offers options and choices involved in divorce. Consumer Fi11a11cel"B11ying011 Time" $10.00 per 100 Qty __ $ __ _ .. . Oullines jmportant consideration s and provides advice on fmancial matters. Mediatio11/Resolvi11gDisputes $10.00 per 100 Qty __ $ __ _ ... An overview of the mediation process in question-and-answer form. Arbitration Agreements $10.00 per 100 Qty __ $ __ _ . .. Answers questions about arbitration from the consumer 's perspective. Adva11ceHealth Care Directives $10.00 pei" 100 Qty __ $ __ _ .. . Complete, easy to understand information about health directives in Alabama. ACRYLIC BROCHURE STAND $5. 00EACH Qty_$ __ ... loruvidual stan d imprin ted with attorney , firm or bar association nam e for use at brochur e rustr ibution points. One stand per brochure is Tecommended. Nameto imprint ons tand: ______MailingA ddress: ------ Shipping & Handling $ 5.00 TOTAL $ ___ _ Please remit CHECK OR MONEY ORDER MADE PAYABLE TO THE ALABAMA STATE BAR for the amount I.isled oo the TOTAL line nnd forwa rd it with this order form to: Susan Andres, Director of Communi cations, Alabama Sta te Bar, P.Q. Box 671, Montgomery, AL 36101 ' - - ADVANCING ADR IN ALABAMA : 1994 - 2004 ALABAMA STATE B AR Appellate Mediation Seminar 160 MAY 2004 ADVANCING ADR IN ALABAMA : 1994 - 2004 ADR NEW ADR SUPPORT GROUP COMMI'l'IEE OF THE BAR - //If . ll . 1111111 /. llll'ER 161 WHAT ARE YOU LOOKING FOR in a 401 (k) plan? ALL DOORS LEAD TO TH E .. . th J l~lf 11c [~IR,~ Retir ement Program Jhe ADAMembcn Rctimncm Progn,m 1w been providing rcurcment pbns . 6UCh>5 op your lorm.We provide llrms with • full scrvice $Oluoonthat Includes pl•n ndn1in1,tr31ion. lnves11nc1H n~t(lbllity ,,nd lndcpcndcnl on•lint:lnve..~ unt11tadvice fro111Fin"nclnl Engines4'.1. These S C:tll one of our Pim Consultmts tod>y •• (800) 826-8901 foro fiu <''llluatkm ond cost comp:,t1oonOpe11 tlte door and see tl1cvalue i11Siik. WWW.ABARETIREMENT.COM AaAMIMHH UTIRIMINT PROGRAM ALABAMASTATE BAR ,_ ;t CopJ "'* -cmapnc ... aduiliaic;....,,... ~ lllflOCIICCd•Im lht ~.&a ..... ;t Pbac-.lam. ol i:tlOO')~I. ~1-'ltll _,.., ...1 waam•--•AMJ.kllhm._ ...... Nl ... lllt, • ..... MAG.ll\11~ • _..... ,._... ~· •• _.,....,...... _. wl f...aal ,._.., a...Al a,._.,.r.,cn st ,-,,.Jal ht r--=till f.-, ~ 1. LC. • ltdalJI,-trplallll IIWnllllnl ~ Ir ..rr • ff'.MItlw ,...._... c.armdly '9rlan ... lll'fftl • ...t .-r, The..,..._ ., n•lablr 1hNu.~ 1bt Abhaaa ~ a. • • w!dlrt bmdtt 11~ .. r 1hl• 4f.ltt hOl l...,._at,,tt. ud ts 111M ••t • r«omfllOlllta!Mlft •1th rnprd IV lt\l" KC'Vlllf 1tu1 d ,.,.ul,I« tbl'tl'Ul,h tht l"NclTIII ADVANCING ADR IN ALABAMA : 1994 - 2004 REPORT OF COMMITTEE ON ALTERNATIVE M ETHODS OF DISPUTE RESOLUTION - "ADR" Usually Means Mediation cdin1iontutd nrbitmtion arc 1wo very di1Tcrci11m elh· the term "A.DR"(whic h 1cchnic1tlly includes numerous dispu1c ods of resolvingn dispute. Each is. however, ru11~1er resolution methods) when whnt we meno is "mcdiroion."The M nrulve mo~1od of dispute resolu1ion utili7.cdby the resulting confusion may be ooc reason U1u1the public, nnd even lcgnl profession. Hence. the acronym "ADR~ and the bnr' s some Jawy=. have beenheard 10ol»ervc 1ha1,"Mediruion is n Altcmnthe Methods of Dispute Resolution Comn1ltttt (Ille license 10s1cat; an opinion echoing 1hcsentiment or the anti "ADR Comminl-c"')relate to bolh. As past issues of n,e rubitrntionroad signs lhat (whether or not rair with regard to mt,;. i\/abnm11Ltrwy~r(fott \'01. 62. no. I, Jllllllm)' 2001) and nuffl<'r· Ir.Ilion)clenrly were noi intended 10:Mldre."" mediation. a proc= ous roadside ~igm and bumper stick= ha,'C illustmtcd. signlli· ror r:icililaling ,'Olunllll')'seulcmcnt or disputes. clU\1QOnlrovcny ,unounds Ille subject of arbi1r.11ion.Mcdlntion. While Ille ADR Comrnitiee lllllYnddn:ss allemn1ivemethods on 1heoiher hand. i, widely accepled as n useful tool for resolv or dispute resolution other than mediation or nrbi1rmion.th ese ing disputes with less cost. hcortnehc and lingering resentment arc the 1wo methods thn1ha ve been or lhc mos1 interest and than often accompany a resolution imposed by the coons. Since concern 10lhe bar. and conscquemly 10 1heCOlfllni llce. in recent i1wns formed ns n successor 10 the bar's Task Force Oil years. Wilh respect 10 nrbitmtion. 1he commillcc's npproacb has AJtcr1111tlvc Methods of Dispute Resolution, 1he ADR been one or responding 10 the rcnlhy of incrcllsing nrbilration in Cominillcc has foc:u,cd1110,1 of ils cffons on facilitailng nnd Alnbruna following lhc Unlled Stmcs Supl'cmc Court's decision encouraging lnercn.cd use of medin1ionin the srnte. We often use In Allied-Bruce Termi11ix Ct>l'.1: Dob. 7 II I I I , II \ \I 1 I \ 11 > E R 163 ADVANCING ADR IN ALABAMA : 1994 - 2004 and C11i.,ens8011k 1: Alafalx:o.S39 U.S. 52, 123 S. CL 2037 (2003). This conirnstswith its approach regardingmediation, .ARBITRATION OBJECTIVES which the commiuce cn1husi0Mic:illy odvocmes. Recognizing the po1c111inlfor Increasedu se or nrbitl'(lllonns a tt<11hof U.S. Supreme Coun decisions and the feared impend ing b:,c.ldogof casesIn lltc st111e couns. the Commiucc form~'C Su1m,mc Court Commission on Dispute Resolution (the the nvnilabilityof qunlined, competent. neutrnl nrbitraton.. "Commission") to approachActing Chief Justice Gorman Another subcommillcc is working with the Commission on Houston oboutencouraging th e cou1·1s to mnkc more use of c1hlcnl requirements 1hn1will apply many nrbi1rn1ors incluclcd mcdintion10 resolve pendingcoses. TI1e Co mmiucc nlso workt.'O'Cd ju.,1icesent a lcucr 10all c:in:uitand dislrict coun judges. encl05· by an earlier ADR Comrniuc:e.that \\ould provide nppmpri~lc Ing the bmchure and affimting his beltc( thnt MmediatiooC3ll be proceduralsafeguards when a ca"' is ~bmittcd 10arbi1rn11on. an excellentt0ol 10keep dockets running smoothly.10 l ower including provisions for di~lo,urc or con0icl$ by an nrb11n11or. co,ts. and 10gcncrnlly improve the cfficicni resolution of cnses app 164 MAY 200 4 Driving to Work = 20 minutes Checking Email= 10 minutes Completing a Quick Quote For Your LAWYER'S PROFESSIONAL LIABILITY INSURANCE = 5 minutes www. gils bar. com/ quickquote .~,;, ,l hu,v pro lc,, ,onal \\'C kno\\' vour tin 1L' ,.., v.1lu.1h!c ( :o, n p lc.:tc our onl1nc quick quutc lo rn, to receive J co 1n p .1n,on quote l or , ·our p rolc,,1011.1 1 l1.1hil1tv LOVL'l'Jgc ..~GILSBAR ( :d..,h.ir1 , the cx<.Ju, 1,·c .1dn11n,..,t 1Jtor lor ( "!\.':\..,I .1,vycr, Prolc,..;1onal L1Jhi li1,· l' rogr.1111 1n the ,talc ol :\l,1h.11n,1 'f"h1, par tncr, h tp prov a.1c, excel lent covcrJgc J11<.I ,crv1cc . CNA \li,it ll' 011li11t: .111d t CNA is a regii$1eredseMce mat1cand 1radename with 1heu .s Patenl and TradomarJ.Offi<:o . Tho Pl'OQl'Amreleroooocs he 1/l IIIL/J I II I /I,\// I/ I,\ \IJ <,II\\ c; II \/)[)fl I hile a collection of Alabama Ct1.tttllcmo.4Q() So. 2d 480 (Fla. Dist. opinions on lltbilrnlioncould The Florida CL App. 1984) (holding that there was W c3Sily fill • large wheelbar no legnl basis for a privilege which row, 1hc number of such opinions Picture would prevent a pnny rrom compelling nddrcssing disputes :1risingfrom medin While I.heLimiL ~ of 1hc Alabama media- the testimony of n mcdin1or)! tlon, thus far. is refreshingly small. If 11011conri dcmiality n,le nrc lurgely In 1987. perhaps us n resull of the Lrcnds in our neighboring!.Inlet; tll'e M) ' u111cs1edin Alabama. o hnndful of Florida court's holding in Castd/0110,the Florida indicotion of our future, howc,..,,.there coun opinions have begun 10 probelhc legislature adopted a conlideminlity priv may be trouble on the honton. Only p.m,mcu,rsof the confidcntlnlityof medi ilege applicable to coon-ordered media time will tell whether the storm clouds ations in that Slate. 1'hcst opmions gcncr· tion. The current version of that st:uutc on our sou1hem border will pass us by. 111lyfall into one or both or two cate l'Clldsas follows: lllld, equally imponnnl, whether the gories: (I) = where one or more par siorms will pack any punch if (or when) ties seek 10compel the testimony of I.he Each p:iny involved in n court-ordered medin1ionp ,·occcd cJ1eyhil . mediator; and (2) cases where n pany This ankle will dlSCu$Sseveral recent <0eks to set aside a mediated scuJemcnt ing has a privilege 1n refuse to dis close. and 10 prevent nny person cJeci(ionsissued by Florida couns on the agreement for one of a variety or reasons. present a1 the procccchng from dis· 'ICO(le of conficlentiali1yrclntcd to media While Cfflified and coun-uppoimed dosing. communicu11onsmade tion nnd possible implicnllons of the rea mediators in Aori I II I -\ I. -!. H --\ \I \ I I O ) I: N 167 VANCING ADR IN ALABAMA : 1994 -2004 for mumnlmistake. [11DR /J,k..-.Inc . " A1legationsof Unilateralor /Jmml.,111,111USA of \Ve:;r/t,/111 Bt>acl~ 8 19 So. 2d 971 (Fla. OiSLCt. App. 2002). a Mediator MutualMistake sell<'Iof real propeny arguedthn1 lhc se1- Al least three rcttnl Florida Cl'.ISCS 1Jcmc.,u!lgtcClllent entered imo after the Miscondttct :iddrc,,sthe rug~n1 thn1a mcdilltedsc1- cooclusionor mcdiruionconlllined n Pcrhnp!ithe most signif,can1Florida 1lcmen1agreement should be set aside $600,000 clericalerror. Relyingupon the case addressing a motion 10se1 aside n bccnu;;cthe agreement wns n result or medintlonoonfidcntinlity s~1 1utc quoted medinted se11lemcn1ogrccmcm is nbove,the court noted U1n1"It !herois. or Wrokls·Valf'hille v. V1,/d1//1t.793 So. 2d course, no confidentinli1yas 10 ':in execut 1094 (AIL DisL Ct. App. 200 1). In ed seulcment agreement,"'nnd hl:ld lhnt Va/d1/11e, one pmy mo,'Cdto set aside o 1/icmediation oonfi~ntlalil)' "privilege mediated setdement ogrccmcnton the docs not b3r evidcnoc:I.< IO "h.'u occum,d grounds of coetcion and duress by lbe Ql mcdi111ionunder the f:1e1sof this medintor.Tbc fonn,,r wife testified cnse."DR lakes. 819 So. ot 974. The nt length before a colltl-opr,ointcd seller w:is required10 pmvc on gcncrnl master regarding nllcgcd remand thai the misrnkcwas mutu· misconductby the mcdintor, ul. a hurdle tbc ,'0\111 described as nsscrtlng tbnt he gave her legal "difficult" in ,•icwof the plain advice. stated his opinion M 10 tiff's position. S1milnrly.in tw,w the coun W11Slikely 10 Fddnrnn" Krirc/1,if>.A So. M rule. snid lhnl he would tell 274 (Fla. DiSLCt. App. 2002). the judge that she was 10 the defondnn1's ut,urerfiled n bltlmc if the maucr failed 10 motion 10 set n.,idca se1tlemcn1 settle. nnd gcner:illy pressured agreement reached in media her 10 sign the seulemcn1 tion. arguing Utat 1hcset licmeot agrccmcnL1bc coun conclud amount SCI fonh in th:u ugrec ed that the aUegedconduct, If mentwas intended10 be offset pro~n. would be in violation of bY$40,000 J'l"'Vioufl)'paid IO the Florida's mediation ethics rule;., plaintiff.The oounobsct'\-cd thal Noting that n medimor in n coun "no mention was madeduring medi- ordercd mediation "is. for nll mion or on offset of $40.00010 be lntcntlsl nnd purposes. nn ogcnt or the c.n.' 168 MAY 2004 2004 ANNUAL MEETING ~ ~J-2~ ~r)Ll j-1jfilkoJ_nJ~d~~nfri_ ~lrlhJ ~~f'~.1cJru ~ ~ ~m~•a.~-~ PROGRAM IIlGIIl..IGHTS ----- TbUJ'l>day, July 22 THURSDAY , JULY 22, 2004 STEPHEN A. SALZBURG The TopTm MistakesMade by Trial loUl)v,rs Sccphcn A S.-.1,burg l< lhc Wall.-.cc.md llt.'U:rlf:') Stephen A. Salzburg Woodbury Unk.....,;wProf= at Ccotg,, \l',l.J1ing- Profc;;or of Trial Advocacy, 1on Unn=I)' uw School whcn, he ha> tough, "1nce Utig:,tlon and Professional Rcspon•il>llity 19CJO.Prior to coining to \\'a.~hington.DC .. he \'o'tl, a George Washington Uni\'crsity LawSchool p,c>r.._of bw a1 thc Unhc1'11ll)'nfVirginia for 18 )'l::ln . I le found· W;ishing1on, DC c..-dnnd is the direc1orof:t 111:LSt~rspt'ogrruu in lilig:uion;1nd ( h,1'>ut(' Bench & Bnr Luncheon Speake ,· rNolt11io11tt l. Cc.-orgc\r\'tishingto1l U 11i\'crsity. l·le ha.s otcdiDtctland SCl'\.'Cdas an arbitrator fo,• !I ,\•hit• ,~uic.·1y of disputes in\'olviugpubli c Ho n. I laldunc Robe rt ~fayer ngcnc:ic.>sas h 'e.ll :L~pr"iv~ 1tc litig1111ts. I-le ha111he ld $t"Veralgo "crnu1cn1 Chief Jud ge nppoln1n1cntsinc luding nssod.,u.• indrpcndent cowiscl ill the lr.u,,.. Unittd States Coun of Appenls for the federal Circuit c:.,mr.. im'CStigauou. lkpmy A-< WEDNF.SDAY,JULY 21, 2004 Moderator: • Judicial Award or Merit llmotlw A. Sw.b. Binningb:un • Abbama Scue B.,rAward or M~,it l'llnel11,rs: I :00 pm - 6:00 pm • Abha,n:i ScueB. ir I'm Bon•>Award, .-\XNUALMl:.1:. n sc: Fr.ink ~L Caprio, Hunts,illc 2:30 pm • 3:30 pm REC!Sn,\TION Prutt~L Svw.B inning!,= ( 1.0 hour CU: ) JJ1,e Basicsa,od tht Updntr. 2:00 pm -4:00 pm 'ipo1uttrrd,,, J,11tfltt111a/ All You Wru,tto &,uw About BOARD OF M R COMMISSIONERS' l>ropntyStrtiu11 I.nbor a,,d Emf>l/1)'"'"'Law. MEETING C«OiaJ . Collin.-.Mobile "Bdt . 4 . • - .i.. • • ·Pr,nlio,~Sla lt!ltlff l# 111,d.&al11atio,rs• 5:00 pm · 6:00 pm collM11,•11~fro,n ,..,ur circuit for G. MMtm V.1nTo..'leljr. RECE.PTION nn inromul bn:'.11.fastget-together 8in11111ghtu11 I lonoring \\11JiamN. CL-irk 9:JS BIi.i • ( J:(6 U111 "A/1<1/ogy• President, Alabama Srate Bar CRANDECONVOCA" nON AND I kndQn I). O,•l)rny,M ontgomery 6:00 pm • 7:30 1>m BUSINESSMl::ETINC (2,0 hours CLE) • Unil'crsiiy or Alab:m,:, School "ltnll)••nn,.,d ,'li1,gS,,roice " or l~iwAl umni Reception Sfxm Child/Children'• N:une($l------ r1e..,., indica1eanydieOUJ· rcslriclicnu: 0 \'cgebri:m O Other ------ Pie:""' RESERVE ACCOMMODATIONS FOR (please print or type), Firm/Co mpany ______ Add ress------City ______State __ _ ZIP Code------ BusinessTe lephone------E-mail------ Arrival Day/ Date------Departure Day/ Date------ CHECK-IN TIME is 4:00 pm. CHECK-OUT TIME is 11 :00 run. $50 Early Dep(ifllirtFte for checkoutprior to confirmed1le(x1rturt dau. Croup Rate: 0 $209 Resort View (per night ) Single or Double Occupancy 0 $259 Beach Vic,v (per night) Single or Double Occupancy 0 $309 Scac.hF'ro,n (per night) Single or Double Occupancy Above rates do 1191include $14 per da)\ per roomS Please Check: 0 King Bed O Two Double Beds (Queen) 0 Smoking 0 Nonsmoking Number of Rooms Requfrcd __ Number of Adults __ Number of Children __ ADVANCE DEPOSIT OF ONE NIGH T'S ROOM AND TAX IS REQUIRED TO CONFIRM RESERVATIONS Method of Payment.: 0 Check Enclosed 0 Type of Credit Card------ C,·cdit Carel No.------Expiration Date___ _ Name of Credit Card I-I.older ------Card Holder's Signature ______ Deposits will be recorded at the time rcscrvacioo is made. No charge fo,· children under 17 sba1ing room with parents. A deposit will be refunded if cru,ccllation of reservation is received seven days prior \O arrival date . . 7. ADVANCING ADR IN ALABAMA : 1994 - 2004 Write it down/ Harbingers of Bad Tidings If you are calling the (Cmttlm,~dfromptll(t 168) AlabamaState Bar outside of Montgomery'slocal calling area, please use maicrinl arguably co,·ernd by the confi cxi,tcncc. but also upon ii~ conclusion (800) 354-6154 for all dw11inlityprivilege. In n number of cn.o;es. thni the wife had waived her right to departments other than it uppc:Jlrsihe opposing pnrty either invoke the medi,uion confidcntinlity LawyerReferral Service. wnivcd their right to nsscn lhc privilege privilege. On that luucr issue. tl1efollow or fniled to appeal an ad,Cl'llCruling on ing quote is instructive: If you need to thal objection. For example. lhc coun in \i1/clli11rdiscusses in great dct:ul lhc ond most significant is the contact the Lawyer appcll:inl",allegation~ n:gnrding lhe foci that ns the pany wh<>objected Referral Service, mcdinior·s alleged mi5conduct.while to the settlement b:1.~ on nUcga please be sure to rn:1klngo nly n passing rcfcn:ncc 10the tions of dure'>Snnd imlmidntion. confidcn1inlityprivilege. \laleh/11,,793 Wife availed herself or 1he oppor use (800) 392-5660. So. 2d 1111098: .,ee al.w Tltt Florida Bar tuni1y 10file n wriucn letter to the ,: Fmibtrg. 760 So. 2d 933. 936 (AIL trial Judge and lo 1e,1ifynt the •.. 2000) !di~g. without rcrcrcnceto hearing. However, wilh only her the confidcnli:ilityprivilege. the lestimony ~ide or the story presented. she oro mediator regnrdingconvcrsntions invoked a Stalutorypnvilege to which (]CCurredduring n "qu:isl-medintion preclude testimony or n proffer session"). More commonly. nsin DR from other wi1nc. the Afa/)(11110Civil Court Mediation Rules ment was oral or 1101signed by all parties alleged mediator misconduct Regardless, allows a mediator or parryt o disclose con are Cohenv. Cohen,609 So. 2d 785 (Fla. no maucr how you shake lhcsc Florida fidential mediationinformation on ly Dist. Ct. App. 1992) and Gort/011" Royal cases. 1wovery significant issues fall "when Uiemediator and the parties to the CaribbeanC111ises. Ltd., 641 So. 2d 515 ou1~ 1tfidentiality of U1emediation mediation all agree to the disclosure." (F l.a. Dist. Ct App. 1994). In Cohen,the process and the abili1yof parties 10 com Similarly, in Hudson" Hud.,on,600 So. FourthDistr ict Court of Appeals over pel a mediaLOr10 1es1 ify. While Uic 2d 7 (Fla. DisLCt. App. 1992), tl1e parties tumed a trial court's decision 10enforce an Alllbama Civil Court Mediation Rules 10a divorce proceeding reachedan appar oral seulemcn1agreement reac hed by tl1e provide some pro1ectionon both of these ent oral agreementin a court-ordered parties in a coun-otdcrcd mediation.Tbe fronts. i1would be nice to see !he legisla- mediation.but failed to reduce i110 wri 1- appellatecourt flatly sta1edthat "[a]n oral 1ure provide some sta1u1ory backing in this ing. When 1hehusband failed 10appear for agreementreac hed duringn 1edia1ion is area. AIU1oughUic Alabama legislaiure trial. tl1ewife 1estifiedas 10w hat transpired inadmissable a~ privileged unless it has has considered mediator 1estimonial al the mediationp roceeding and described firs1been reduced 10writing." Cohen,609 inuuun.ityb ills a number of times in 1he the proposedora l agreemen1in dciail.11ie So. 2d a1785 (citing H11dso11);occortl past. 1his statutory protection has noi been wile even had u,e n!Cdimors ign U1eback Modesto.614 So. 2d 517 (affirming the adop1cd. Thai legislation once again is of her hancl-wriuennotes "as a sort of cer trial coun's ruUnglha1 Uic plaintiff would before lhe legisla1ure.thi s lime under the tification that this was what the parties not be allowed 10subpoena the mediator label of Sena1e Bill 191, sponsored by agreed to [at tl1emediation] .'' Hudson.600 lo testify).Cohen re lied upon H11dso11for Senator Rodger Smitherman, along wiLl1 So. 2d at 8. 11ie appellate court smted 1ha1 lhc proposition tha1"(t]hc confidentiality an iclenlicalhouse biU,House Bill 397, the "interjection of the so-c,11led agreemen1 of U1cnegmiations [in mediation]s hall sponsored by Representative Demetriu;; preparedby the wife and 'certified' by the remain inviolateuntil a wriuen ag)'Cement Newton.' At \he time this article was mediator, and \he variou.~te.~timonial rep is executed by 1heparties:· Id. In Gortlo11, being wrincn, Senate Bill 191 was on the resentations of what 1ranspired a1sa id the Fiflh District Court or Appeals held senate calendar for consideration a,1d [mediation] between U1eparties, in10 !he that a inediatedseuleme n1a greement. House Bill 397 was pending in UicHouse trial court viola1es\he spirit and leller of allhough signed by one party and cou11SCI Judiciary Committee. While this legisla the mediations1a 1u1e." Id. at 8-9. The court for both parties. was not binding on the tion will not resolvea ll or1h c issues raised held tl1a1th e "well wa~ poisonedby lhe party who failed 10s ign. Gortlo11,641 So. by the Florida ca~esdiscussed above, it admiS$iOn of the foregoingev idence of tl1e 2d al 517. Because 1he parties '"didnot would be a nice start down U1e !IBlhof ·agreement'and so infec1edUie judgmenl effectua1ca scuJcmcnlagreemelll in accor assuring lhe conlidentialiiy of the media reached that it should be vacated and the dance wilh 1be[Aorida statutory media tion process.T his, surely, is a goal shored maucr tried anew.'' Id. at 9. tion confidentiali1yprivilege swru1e],con by all membersof 1he bar. • fidentiali1y afforded10 1hc parties involved in the mediation must remaininviola te." Endnotes Oral and Id. (citing Mode.sro). 1. Theserules allllir ·111 10 mediation.ordered by the coonsof UlisS1a10 as provided by $1alute 0< by 1he Unsigned AlabameRules of CivilProcedure. (2) In any other Conclusion medJation.sbypat1ies In a pendingcivil action in an Mediated 11,e principles es1ablished and applied Alabamacoun. other 1han the Alabama Suilremo by the Florida courts in the cases dis Courto r AlabamaC 3 11,t....,ol dlrs1.-,...,.. 11111,_ a> -.,.-lll!d br1h11 Al- CMCall Im'!'"-~-Williom A. R..iiff GleonWaddoll Med,auonRullS, • mod1110,!NII notbt Cllfflpolled V.'ill•A "'111ff111 pet1l'II Glitw'IWldlltll • I Plf1IW ,n M1Yproceeding °' judic,al fo111m, 1ndud1ng pro Wldlw11-..1or11w1. Rat111, w!lhW111:u , Jordil\.Rllfiff coedingsbet\veen persona not ponies10 themedia,. & lhncltUC In lkm~ & l!MJtllC In 11,nw,gi'1111 hon,10 testify In rega!d 11>tho m,id,allonor n,g,,,d Ile griiduolOCI'""' tho Hooi..ir.i, ... In ~111'1 .... PJll'I "ll •t>tlfflenl$ made.3Cti0<1' lllit £gcal 178 MAY 2004 • BIRMINGHAM • MONTGOMERY • MOBILE • H UNTSVILLE • DOTHAN • MEDIATION comprehensive training programs for new and experienced mediators Spo11soredby - CLE approved. LITIGATION - Training Alabama mediators since 1995. ~l-1, - Customized in-house training available for your law firm or organization. www.AlabamaMediation.com - Meets the training requirements of the Alabama Center for Dispute Resolution. (800) ADR-FIRM or (800) 237-3476 hy would n pnrty nttcmpt 10 The courts of oppcals in nil fodcrnl settle n cnseth nt has nlrendy circuils hnvc some form or nppcllnic W bcCJ1de cided In the trial court mediation or scnlcmcm program. As or and is on appeal in the Alnbama nppel 2002. 30 s131cshad dispute resolution lntc courts'/ In the past, that question progmni..at 1hcappdl:uc level. The either basnot been mascdbecause then: resuh.sof these progmmsdemoo.,1r.11e thilt was no mechanism m the appcllruerules when lawyc~ and their clients ,enously 10do so or has been ins1inclivclyreject cxnnunewhether appcll:uehugnlJOn mil · ed. Typically.panics hove viewed the ly .el'\·cs their intercstS.n signific:imnum idea of appellate ,en lemelll skepticall)'. ber of the c11Sessettle. Experience sug Everyone involved hns dlffcn:111anolivn, gests 1h01if the pnnies are given the 1ions thal push him or her 1ownrd more opportunity nnd thoughtfully OJ>pronch li1iga1ion in the nppellnlccoun. oppcllnte mcdla1ion. their in1uillve 180 M I\Y ZOO J ADVANCING ADR IN ALABAMA : 1994 - 2004 resistances to settlement on uppcnl can Pre-Mediation begin prcp:uruionof the rccmJ nnd 1mn be overcome.1 Procedures scrip1. It is conu:mpllll.:d1bnt 1hc appellate Afier months orwork by the Supreme process will be s1aycd. 3t the most, for 63 Court Committee on Appcllalt After on a~:,J is lilcd and docketed, days after the iSSUlUlCCof 1hc Older of Mediation . the Alabarn3Supreme Coun the appcl11101and appcllec are required 10 refcrml IQ mcdinuon. ' 3dopted rule. 1 If I t I l II I \I l I l U ) I N 181 ADVANCING ADA IN ALABAMA : 1994 - 2004 nbou1discussions or action, 01a media- appellate le,'CI,a ,cry significant event of il3 concerns. Another molh'lttion may 1ion. These rules will be mic1ly cnfon:ed m the life of a casehas 1yplcall)' Ulken be 10 a,'Oid prcccdenL Sometimes the 10mainiain the in1egri1yof the program. place-,, decision has been reached where existence or an unfa,·ornble precedent is Not considered confidential is the fact one pany bas won and ano1hcrpnny bas more problema1ic for on nppellnn1than 1h01the mediation 100kpince nnd 1he los1 in 1he trial coun. But "winning·· 1hc resuh, and a joim mo1ion 10 vacate bare results of l11e mediation. should be defined os achieving the bes1 lhe lower coun decision mny snlisfy ull results. nU lhings considered. panics. There nrc a number or reasons why The expense of runhcr litigation n1 lhe :ippclla1eoo,'Ct'Sarlcs should be motivat nppella1elevel. and perhllp, on remand Why Mediate ed 10sculc even after they ltavc been m lhc trial coon. may makeii economi 1hroughlhc rigors nnd expense of lrilll. et1l1 0 resolve lhe oonOiCIthrough media A Decided First, without a cryMnlbull. ii Is impossi cion. 1r che appellate coun reviews the ble in Jlreclic1the outcome ornn appeal decided cnse.1be result could be offir Case? wiu1 precision. While 11is possible 10 mnnce of a judgmem. whereas In • se1- In the post, counsel has little opponu ob1ainn reversal of a lower coun deci 1lemen1ii is possible to explore stn1c- nity to di,cuss scukmcnt wi1hooe sion. nn appellant f=s o very difficul1 1uredsculcmcnts based on obility 10 pay ano1hcr n1 1hc appellate le,cl 10 Alabama. chwlcngcJkpeoding oo the 1~ue. appel and convenience. In contrast 10 lhe judg Titc panlcs arc focused on brief prepara lote couns bn,'Climi1cd review powers. ment imposed by a coun, in mediation tion nnd do n!ll io1crac110 1hc,nmc The nvnilnblereversal mn1is1iCJ.c:as1 a 1he ponies can devise a s1ruc1uredse1tle ex1e111:t, 1heydo at the 1rinlco un level. long ,hodow over an apf>elluni'schances. mc111. L11wyersare condi1ioncd 10 view the Only 14.84 perceni or the coses 1hm Finally, oppellnlc litigmion tokes lime. nppelln1eprocess as 1hc 1351step in liti were submiucd on nppeal w the coun of Ar.er proceedings in the 1rinl coun. p:u- gulion nnd not as another opponunity ao civil appeals last 1crmwere reversed. lo tie~ are commonly lmp:1ticn110 get 10 the consider nn amicable scnlcmcnL the Supreme Court or Alabcuna.the odds end of the ro:id. Unfonunatcly. oppellatc EJ '01(,Alabama Supreme Coun nnd 1he AlnbanlflCo un or Civil Onie: October s, 2004 Appeals began !heir confock:n1iol nppcllmcmedia tion program Pince: Alabama State Bar, Bonrd Room in January 2004.TI 1ecouns supplynn approvedli st of unined 'l1111e: 9 a.nt. - 4 p.m. nppcllmeroediaiors 10 panicsordered 10 mediation. CLE: 6ho urs Cos1: $225 Troin,ngPrcrcqwsi1e: A medin10rmusi be CWTCDtlyregis1ercd on the Alnbam:1Strue Coun Medi11wrRosie.- to take lhis nnin Rcgisuation:Call lhe AlnbwnaCenlCC for Dispu1eR e.<0luoon ing. Registrationis limiled. Appcllnlc mediatOISrnllq agree tu 10 n,giqer :mdrecei,,: funher inronn.'llion.Only 3 paninl conduct up 10 IWO pro booo med,ati o-n the ~o~.!g~!~~~·c::· and information on the latest programs and member benefits - book now for your next bar association meeting! It's the ASB ROADSHOW! Contact:Susan Andres Phone: 334-269-1515, ext. 132 E-mail:sandres @alabar.org /Ill II \li\\l\ I \\\)IN. 183 - ADVANCING ADR IN ALABAMA : 1994 - 2004 injury case. In this case. the plaintiff wa, pen;:enL" One year's wonh of post-judg ahead. he will be unnblc 10 focus on nwrudeda SI million jury vccdicLAf1er ment inlett5t would equal $120.000.11,e what might be a reasonable soluuon years of expense nnd litigation. the plain cost of n super.tedeasbond for n $ I mil under lhe cireu1ns1anccs. tllT feels vindicaied Md compensmed by lion dollnrjudgment is approximMely On the other hnnd, the defcndtml mus, the monetary awnrd. In contrasL the $ I 5.000. The prcmfom is annual. A defen consider the reality 1hotlhe appellntc defcndnn1is shocked01 1hc verdicl Md dant wiJJbn,-e 10 pay addWonallegal fees court may rc,oerscthe summary judg its size. "We will appeal Ibis legally and costs 10ils 11110mCy.Thus. by the time menL In lh:11c,..,nt. the dcfendanl will unsuppo11able,'Crdic1 and if oecess.vy the appeal isconeludcd. tbe $1 million have wasted yean1llf liligntion nnd inkc 1hc appeal nil 1hc way to the Unilcd dollar ,crdic1 against an unsuccessful expenses. will focc n jury trial will! i~ Stntcs Supreme Coun ." defenclonl mny involveeconomic conse oddilionol eitpense and will risk losing n1 111eplaintiff races 1he possibility of quences of nnotber$200.000 or more. trial. While 1he defcndom may be confi losing 1he verdic1on appeal. 1f the appel· What abou1cases wheresummary dent that be will su.:«ed on appeal, 1hc late court dctcnnincs tbnt the plaintiff's judgment w:is entered in the dcfen Jointhe VolunteerLawyers Program Today! St111s Vlews ·------I want to join the Volunteerlawyers Program Pro Bono Volunt eer Name~~~~~~~~~~~~~~~~~~~~~~~- At Home PhoneNumber______~ Address~~~~ -~ ----~---- -~ --- -- Ci1y______S1a1e__ Zip.______ D AdoptJon/legnJmbOOS D eon..-1\11include ,ruhiy. a-edil problems. 0 f1rmlyLaw lcalego,y includes ahmortf. defenseof cool!llctact,onsl childsuppon. custody and post-divoite D RealProperty (10 fnc ludedeeds. mongage pruceedlngsJ lo,~losures.e.ictionsl D UncontesledOivortt D l'tob.lus(to includesi• WIii$ aoo 0 DM11te(invoMng alluse) smallestates) "Yes, I volunteer, but not to do your chores." Completeand Fax to the Volunteer LawyersProgr am(334) 261- 6310 184 MAY 200~ ADVANCING ADR IN ALABAMA : 1994 - 2004 ru:bilJ'lllion.thal seldom happensbecause Oocidedca..: Whll ID&i,oct II You're llloiing to 1• II thefflldl111on d IIOl '*'1Ple1lld wilhin 63 days of h orderot ,wfl /Ill \I 1/11\I\ I \U)fR 185 - ADVANCING ADR IN ALABAMA : 1994 - 2004 Efficacy of Post-DivorceMediation And EvaluationServices Bl A \RI AIR/,:/.\\{) Ph [) n the pruHtwo decade.~.allemmJvc dispule resolution in the tics wbo need to be able 10 forge some son or positive bond ronn or divorce mediation has cmCIJ;cdas lhe prevailing for co-parenting. I model for reducing acrimony and ham, M.o;ocfatedwilh lo posHlivorcc C\'alua1ionscrviccs, di,"OOCedpanics :an, coun dh-orcc octions in domcs1k couru (Emery & Wyer. 1987. rcfem,d, oflen by l"flll-( or !heir own dhorcc decree, 10 a nculffll Emery 1994). The current a,-ailablc s1a1is1i~from !he Alabnmn cvnlua1or(much like a pre-d"'Orcc custody cvnluntor) who ev:1l Ccnicr for DispulCResolution rcvcnl thni divorce practitioners ua1esparental c:apaci1yand make., rccommcnda1ion.,to the par- in 1hc"Hcr ,n or Dixie" lag fnr behind their counterpans in 01her 1lcs.their ouomeys and possibly the coun concerning how the pans or the country in terms or 111ilizntionor mediation in the parties are meeting 11nd/or1101 mc:cting the best interests suin domes1icare na (Judy Keegan, di1-ec1or. Alabama Center for dard In their post-divorce pnrcnling relationships. Obviously. 1he Dispu1eResolulion. personal communicnlion. March 20. 2001). conlcnl or these evohmtivc/po;i-divoroe parenting planning ses 111cmajori ty or the research and clin,cal lilern1urein this= sions is not barred from discovery. 111fact. lite possibility of has focused on pre-divorce mediation, This paper focuseson such "feedback" to lite coun In the rorm or restimony is oncn a post-divorce mediation and related cvnJuation services. unique silent "presence" !hat gives 1hcc_..1un1or '1eelh" as nn arm of fomi.~of inlcn'enlion !hat nre dcs:igncd10 promoie lite best the domesticcoon. inu~n:,;"Mandnrd far beyond 1hcoriginal disposition and dc1er Mo.t eourt onk:r.. fc,-post-dh-nn:ccvalunlioo setVices n.1me a minalion of ctmodial and acttSS issues. I II I \ I \ ll t 11/ \ . l 1\ ) I N 187 ADVANCING ADR IN ALABAMA : 1994 - 2004 To those who work regulnrly in domestic Jaw. it will come :is much appreciated 110dvnlued by nil parties, panicularly judges, no surprise 10 bc4r that the legnl end is only the beginning of been.use many frivolous or unnecessary relum lnps to coun are co.p.irenting 3S reorgnniud by the process of divorec. Connicts Pl'C\'tnlCd. in the post-divorec period typically revoll·e around one or more The philosophical nppronchcs and 1cchniquesdescribed in of several areas including unresolved mnri1nlconmc1 issues. Jin· thi~ paper ore based on several basic ossumplions I.hatemnnn 1c gering anger and hun nbout ti11,divorce. connicts wilh or over from the best imeres1sstnndnrd. First. children need both 1holr new partners. or fruitless power struggles that re,o0lvconly prucnl' 10remain lntcrc,1cd. involved nnd oblig:ued 10their nroundeffons to "win" om over the ex-spouse.In Alabama's needs pre-dh'Orce.01 the time of dh-o«c. and throughout the I 51hJudicial Circuit (Mon1gomcryCounty). the domcstle bench period of J>051-dh'Orttadjustment until the death of both par· is rou1inclynn1ic1pa1ing post-divorce ents. Rnreexception, 10this sumdard would include a his1oryof connictunl dispu1c.~by abusefrom a given porenLand 1hc existence of certain psy- 1m,nctively includ· • (. , chologlcnl disorders, if the disorder directly ing provisions to uli- .:J.,l~-4ii results in child cndnngermcnt In suc:h ltzc a specified eoun .~ j }.fl p cases. proceduresof ,upcr- appointed medmlor 10 '/ . · 1•ised visitation or tcnni- , resolve connicts. In ~ 1 nation of pruenlll.lrighl,< addition. lhcsc ~11mc i :, / nrc put into place. judges are also rou1incly ' 1~ A second nssump1loni~ ordering post-divo.rcc • ' , ~ lhru while any particular evnluruionse,vice s for ococ...schedule has couple.~on their docket 10 strengths and wealme>SCll.the help promote fonnntion of success ornny Jl311lculnr pos11ivcparenlins phms and arro11gc1ncn1is far 01orc 10 old in preventi11gunneces dependom on the abi Uty of 1hc sary retum trips 10court. parents to engage in posilivc The court order specifies communication lh110on the per· whether the service required is ccntogc of umc spent in each mcdintion ..;,h annchcdconfiden- home. Processing of divorce is~ues 1lnlhy or post-divorce evaluntion and reduction of 1cnsionand ho11ili- Sllrviceswilh required reponiog 1y bccweenthe parents is a mujor bad:. to the coun. The judge usually also specifies thnt J)(1nies goal of this as;umption. oncn.one splil the cost of 1he service through n retainer. The order also pany is as.kcd10 se1 aside their feel· specifies tha1the couple must nucmpt resolution through media ings as a hurt and inJurcd spouse =ly m 1hcndjustmcnt proce>,, tion prior to returning to the courtro0111. If successful, lhe medi 110dtake on the mantle of positively promoung the role of pAt· nior retreats umil services nre needed ngnin in the ru1urc. The cnt in 1he lives of ~le children. While ~1is often feels like o psy co111emand process or mediation nre confidemial except in ecr chologically unhealthy task of compnitmcntalizmionof rcolings. mln situations where the mediator bcurs of imminent threats of the best interests stundt1rdis the prevailing SLnndnrdin such bodily hnrm to one of the parties or encounters evidence of case<. Love for the children is the most powerful varinble u1.11 someform of child nbuse. While somemcdialOll. such :is mcn- C11nbe used 10 guide a rightfully cmbiucrcd spouseaway rrom 1:11health prores,.ionnls.are mMd:uory reporters or child abuse wrongfully alienating children from die 01hcrparenL (lawyer mediator• do no fall in ~1iscategory). it is recommend Divorced families need 10 heal along the lines or reorgnni,.a ed nsan effec1ive1m 1c1iceto require nil mediation paniclpan1s tion rmhcr lhan desiruction nnd alienntion. Effective pre- and lo sign a release or informed consem ugrecmenl thal specifies pos1-divom, mediation service. 188 MI\Y 200• ADVANCING ADR IN ALABAMA : 1994 - 2004 meaningfolforensic report 10 the court (SltOChak,2001 ). In this has proven to be a rapid. efficient, raiher emotionally removed innovativemodel program,all divorcingcouples with a custody way of communicating that also has the advantage of providing issue begin tl1eprocess with a round tttblccustody conference a permanent record for all parties. The second pillar is that where parties are either routed toward conciliatorysetLlement or good co-parents never undennine the Other parent's image in are referred for a full custody evaluation with results reported to the child's mind. TI1isstep involves taking a proactive the court. Settlement through mediationor conciliation is not pre approach in building the reputation and positive image of the cluded at any point 011 either track. Obviously, formal mediation other parent. must again be carefully diffc,-entiatedfrom custody evaluationor Examples of problematic cases include the embiuercd mom post-divorceevaluation services along the lines of confidentiality. who routinely refused 10 notify lhe child's dad of any school. Strochak(2001 ) has proposeda conceptualmodel of co-parenting leisure or sports events. In addition. she refused L.Oa llow the that include-~four pillars of excellence.This model points out tl1at child 10 notify Dad of any religious or community activities that parents need to realize that. like it or not. tl1eyare in a very longi might have facilitated greater contact. The child in this family tudinal co-parentingrelationship with their ex-spouse. There is no developed a bifurcated existence in which he frequently felt real choice about the mauer. What can be controlled is whether conflicted and guilty about wanting LOspend time with his dad they are functioning at the hostile. biuer end of the continuumor or wanting to share infonnation '·between these worlds." nt the amicable.conciliatory end of the scale. Being stuck in anger Another case violates the second pillar. In U1iscase. Dad rou and bitterness is often initially very understandable.Spouses cer tiuely blamed his daughter's anxiety over tests and public tainly hurt each other in ho.rrendousways. However,remaining in speaking on her mom, who was undergoing 1reauncnt for a the postureof bitternesschronically vio lates the best interests Generalized Anxiety Disorder witl1disc.-ete episodes of panic. standard. This proved to be a typical theme in his interactions with bis SltOCbak's (2001) first pillar is that effective co-parents share daughter. blaming all her "shortcom.ings"on bad genes from infonnation with one another in a regular and timely way. E-mail Mom's side of the family. Both cases required court referral for Anyl icensedAlabama lawyer is invitedto jointhe Women's Section of theAlabama State Bar! Membership dues of $20are being acceptedfor all thoseinterested in becominga part of thesection, aswell as annua l duesfor current members. Mail payments as follows: ASB c/o RitaGray P.O.Box 671 Montgomery36101 Pleasemake checks payable to "TheWomen's Section." Foran applicationo r to updateyou r information.you can download an applicationat www.alabar.org. T II I. I I t 8 t \f 1 / . t \l r E R 189 ADVANCING AOR IN ALABAMA : 1994 - 2004 post-divorce evaluniion services from the judge who had grant· Oiher supponivc. po5ilive examples of refrarning include: "(I) A cd the divorces before any improvement occurrccL divon:c is intended10 sep:1111tc husband and wire.110 1n parent and Thethin! pillar m·olv~ around rebuildingtMI. The lrU!itissue child. (2) Each pa.n,ntshares the responsibilityfor Ilic child. even Is obviouslyoften '"'>' diOicultand mustflow from re:isoning uftcrdi,=. (3) I will pledgeto consult with my ex-spouseabout stic:hIL<, "No manerwh:11 I think of you as a wife/husband.I know decisionsconcerning oor child in the same w11ythat I would coo you too love our cbild/cluldn:n.Md would lay down your life for suit with n businesspanncr . (4) I recogniz.etbru children are cap;i him/them if necessary."Com,equeolly. a bifurcmcd,companmen ble or giving and receivinglove from manypeople . (S) l sec it us n rnliied type of trust cnn be rebuilt (e.g., "l don't tn1s1you a1 oil as ble.~singand heallhy siluotion when others love my child. (6) l\,e o spouse, but I tutvcg,cai U'us1 in you as n parent"). Trust is funher lcnmcd Ihm holding01110 bluemess only buns me mid my child. I regainedin lhe founb plllnr which revolves nroundeach parent will continue 10work on forgiveness.(7) I n.-ali.-.t1h:11 divorce cre ASBLawyer Referral Service The AlabamaState Bar Lawyer Referral Service can provide you with an excellent meansof earninga living, so ii is hardID beli eve thatonly three percent of Alabama attorneysparticipate in this service ! LRSwan1S you to considerjoining . TheLawyer Referral Service is nota probono legal service. Attorneys agree to chargeno more than $25 for an initialconsultation, not to exceed30 minu tes. II,after the consultation,the attorneydecides to acceptthe case, he or she maythen charge his or hernormal fees . Ina dditionto earninga fee foryou r service, the greaterreward is thatyou will be helpingyour fellow citizens. Most referral clien1S have never con111cted a lawyer before. Yourcounseling may be all thatis needed,or youmay offer further services. Nomatter what the outcomeof the initialconsu ltation,t he nexttime t heyor their friendsor familyneed an attorney,they will come to you. Formore information about the LRS, contactthe state barat (800) 354-6154, letting the receptionistknow that you are an attorneyinterested in becominga memberof theLawyer Referral Service . Annualfees are $100, andeach member must provide proofof professionalliability insurance . 190 MARCH 2004 CELEBRATE LA DAY2004 " TO WIN EQUALITY BY LAW: Brown v. Board of Education at 50,, The 2004 LAW DAY produ ction "CROSS THAT RIVER: Brown v. Board of Education & the Peo le Who Lived It" Thursday, May 6 Friday, May 7 Saturda y, May 8 10:00 am 11:00 am 7:00 pm 7:00 pm * 2:00 pm Daytime school performances: $3 Evening performances : $10 (Proceeds go to the Bench & Bar Historical Society) Courtroom of the Alabama Supreme Court 300 Dexter Avenu e, Montgome ry TICKETSARE LIMITED & AVAILABLE ONA FIRST COAfE, FIRST SERVE BASIS •The MONTGOMERY COUNTY BAR ASSOCIATION will be hosting a reception immediately following the Thursday Hay 6 , 2004 , 7 : 00 p . m. perfoDIUmce o f "CROSS TIY FOR TICKET RESER VATIONS & INFORMATION, CONTACT: The Supreme Court Library 800-236-4069 Sponsored by tfie - ADVANCING ADR IN ALABAMA : 1994 - 2004 son to relish in the di,1ance and n1the snme time (2001) mnkcs the point that the child custody e,muntor accept the circurn.1.:ribcdrole or co-p:,renung. can elhicnlly choose 10nav1ga1e no ongoing cu.'1ody Strochak (2001J wggcsis that the:relevant ques- C\•nluarloninto a :1eulcddl\'OtC<:. Anomeys rnrcly pcr 11ons for co-parents 10 osk of lbemscl,-esare: fom1true child custody evaluation, which have become "Whnt can I do 10 funlicr the other pnrem's imnge more the exclusive purview of 1>sychologis1Sbccnusc in Uicchild's miJid'lAnd. how C311 I shUl'Clnfor. of the almost universal components of general mmion in a way tlmi will draw them p\ychologienl l.C5ting.custody-llpeCilic 1ogclhcr -r (p.3). Obviouslythe ~ychologicnl le\ting and collatc-rul mediator must rrnuin neutral 3Dd inien'iewing. Anorneys nre much objeclh'Cthroughout ihe tenure of Uic In dil'c>rcemediarion more likc:Jy10 192 MAY 2004 ADVANCING ADR IN ALABAMA : 1994-2004 ParenraJAlienation Syndrome is an increasingly recognizedsyn References dron1ecaused consciousand unconsciou snessbehav iorson the by 1. Coates,CA 120001.1lre Fvncrions of rhoPaf8f1ting Coordinator. Paper P'"'""ted at pan of one parent designed 10undennine, damage and destroythe thefOLlth International Symposium ol Chifd Custody Eva luations.November 10, affectionof a child coward • given parentalfigure. Wbile this syn 200>. KiBwah,South Carolina. drome is not an official DSM IV diagnosis,like Bauered Woman 2. Oauben• MerrillDew, 61 U.S.LW. 4005, 113 S.Ct. 2786 (1993, Syndrome,it is being increasinglyrecognized by com1sas meeting 3, Eme,y,R. E. (1994t ~ familylleliJticnsl;,, NeH Y"'1<. New YO T II I~ ,\ I. \ H \ \1 l {, \ 1\ l t: R 193 ADVANCING ADR IN ALABAMA : 1994 - 2004 Ill J //10 II\\ < OR/I/ . 17 ADVANCING ADR IN ALABAMA : 1994 - 2004 " ., • -.- - i I -- l I I I I ' 1" I ~ I I he ben.efits of mediation are var Bankruptcy Court for Ule Northern Alal,ama Lawyer will have a full discus ied and well known. They include District orAlabama and resulted in sion concerning the guidelines, policies T a more rapid resolution of dis authority from the Judicial Conference and procedures of tbe Bankruptcy putes, allowing the litigants to remain in of Ule United States for the appointment Mediarion Division and will include control and contribucet o their own reme of a chief deputy bankruptcy ac:hniuis detail$ on what can be mediated in bank dies, a consideration of future needs, an trato r. A primary duty of the bankruptcy ruptcy cases, how tbe litigants may be infonnal atmosphere, and especially a administrator is to conduct mediation ordered to or may voluntarily request the savings of what are often very burden sessions and to organize. develop. coor free mediation, how and where the medi some economic oostS.What better arena dinate and implement the policies. proce ation will be conducted. and what the lit to be economically prudent and save, or dures and practices of the mediation divi igants can expect if they proceed 10 at least not spend, as much as possible sion. mediation. Until then. if you have ques than in a bankruptcy case. The guidelines, policies and proce tions or are interested in a bankruptcy Today, mediation is not limited to tra dures of the mediation division have now mediation, contact the author, Tom ditional areas of practice such as person been established and implemented for Corbett, chief deputy bankruptcy admin al injury.construction. employment and over a year. The Bankruptc y Mediation istrator. al 1800 Fit'lh Avenue, North, domestic relations. Mediation is now Division bas mediated over 125 matters, Suite 132. Binningham 35203, or by available in bankruptcy cases. and best of with approx_imately 90 percent of those phone at (205) 71.4-3838. • all, it is free. TI1eU nited States mediation sessions resulting in settle Bankruptcy Al1orney for the Northern ment. The usefulness and willingness to Distrit t, Southern Division of Alabama use mediation as a tool of resolution in began offc,ing limited infonnal media bankruptcy cases is rapidly gaining J. ThomasCorbett tion services in Bim1ingham on an ad momentu1n. J ThomasQ:wbeu isltle d 11ef hoc basis in late 1998.In light of the Most matters in a bankruptcy case are d!puty~ 1eyallniuM"' positive results and response to the infor- available for mediation.Th ey include, tOJ!he N orthernOiw id ol Alabama.He Is a 1!111117a rlete 1naJ procedure. a n1cdiationdi vision ,vas among other issues, such things as dis of"" u,;,,,,;,y•• AJ ,t.nn established as a fom1al practice section putes concerning claim amounts, viola Sdlodof la-11an:Ia 198SgradJ. within the U.S. Bankruptcy tionsof the automaticstay, pr eference aiaof IhaLhvefs:ll v olAlabilll'4. vh?rehe recet«!d his itgee in Administrator program for the Northern and fraudulent conveyance issues, and ccrJDllUIftnara Im~ maMQl!(n(.lnl'1cm Oistcict of Alabama. dischargeabiLity complaints under 1988IO 1 900.heSM'ed as law clel k to thenOuef Active support of the mediation divi Ba11kruptcy Code Section 523. The 8.riJUOICyJudge GeageS w,;,;..C«b« l WdO ...... a manoainJ:imner ri !bl firmol 9 1ffll3ffl.Kme l'eltei.. mediation is typically held within 60 sion came from the chief judges of the Hal,oy,Jooeo & ca:eiPC. """'laOllg • bar>"'-aoo Eleventh Circuit Court of Appeals, days of the time the mediation is either luinessl ifigation.He i s a registeredmediab:11 wi!h the Federal District Court for Ule ordered by the Court or requested by the Sla1eol AJaooma. Northern District of Alabama and lhe litigruus.An upcoming issue of The T II E ~1 /. A B ·1 .\1 ,\ I. ,l U } /~ R 195 - --- - ~ - - - ., ·D - A 'V A'N CTN G AD R IN AL AB AM A : 199 4 - 2 0 0 4 fl) I\\/ /\HF.II hen connicu begin to dc-"Clopbetween studerus. they :ire gl\-cn the choice of being mcdinled by their peers or !cuing the school adminl~trntionhandle W their problems. Peer mediation cnnblcNt eachers to conccntrn1e on teaclting rothcr 1hnndisciplu1c . nnd, n11hc same time. tenchos students 10 resolve their connicts without lighting. 11develops leadership skills und positive commu11icu1ion skills, builds Peer self-esteem. and often improves acade.mic5. Pnnicip:itingschools rcpon on a,·cragc30 pcn:cnt declinein discipline problemsafter peer mediation bas beal in use for one year or more. Some have al.so~pcrienecd a mediation 196 MAY 20 0 4 I - - ADVANCING ADR IN ALABAMA : 1994 - 2004 I - to nn !\dull They also feel lhat they are more understood by their County. The Commission sponsored peer mediation programs pcctS. Student mediators learn how to ideruify issues that need for six schools in North Alabama in 1997. through a S6.000 n:soMng.By parophruingor reswing what the dispullllltslcll grant to the Community Mediation FoundatlotL They also th,m they idcntify bow the disputants feel and makethe !lllle formed a Peer Mediation Committee to promole the use of mcnts moo, positi,1: by wbstitutlng offcnsh'Cwotds with more peer mediruioo in Alabam3 schools. Commission member J udge posith,: ones.This is bcnclicilllin helping disputants ,,:nt their Richard Lane of Lee Counl)' basbeen rcspon,iblc forCSUlblisbing onger is u snfc wny, ond at the same time, eru,bling them to undcr peermedi ation progJ1llIIS in his county. Another member. Judge stnnd the opponcm\ polnt of view. Students who rue mediated Ce.raid Topazi, bas been instrumenwl In obtaining funding for benefit greatly as the process teaches them that fighting is no1Q programs in Jefferson County. good wny 10resolve co11Jlic1s with their peers. Rather that being Peer mediation is teaching studems peaceful conflict resolu disciplined by rncully they nre given the option of working Olli tions through the use or mediation. It is the bcs1. pro-active way their problem with Uiclr peers in a private, confidential session. 10 address the issue of violence ln the schools. If we are Lo bring The need 10 ·•save focc" in front of your peersis no longer a about change in an ever-increasing violent society, we must do foctor when n dispute occurs. Disputes such as rumors. nnmc it through our youth. They arc open 10 leaming new ways. And, caUing, puning down family ,nc-m~ picking on each other, unlike many adults. !hey rue trainable. t..ct·~work together 10 and boyfriend-girlfriend problems are the typical types of dis get peer mediation progrnms in all Alabama schools. To learn putes mediated. More serious things. such as drugs. alcohol. lllOl'C about peer mediation phone me at (256) 539-2118ore· weapon, nt ~'-1 nnd fighting, we not open for mediation. mail me al [email protected]. • Many time.. the clTcc1of lhe ose of peer mediation carries over into fotnily silu:uions as mediators learn to use the slcills for conOiclSbciwccn siblings. Schools !hat teach students ___Amuilsbtll .,. .,.. peaceful ways 10 resolve conOict are aiding in me reduction of ____ _ violence in the school, home nod community. Camnu,tyMolllOof-, ..... - .... - The Alab am a Supr eme Court Commission on Dispute ~eoa,- ...o.""'-...... so.-.... Resolution hn.~ ~upportcd peer medintion since 1994. Jud y c,e,,.-..., """'I! WIAIO- - Kceg1111, executive director of the Alabama Center for Disput e Rcsolulion , placed one of Ll1c ftrst peer mediation programs in Alabamn nt Chisholm Elementary School in Montgomery I II I l I I U I \/ I I t I\ ) I H 197 J. AnthonyM clain ExParte Communication ProhibitedBetween Guardian Ad Litemand Court Question : litem in the ndjudicntory process is 1101 different from th:u of any other advocate. "I um serving as an appointed guardian ad litcm in n juvenile CllSC.I have not unendcd any fonn31 training "The guardian nd !item .•. i< an officer of or other courses pcrtnining to :in nnomcy·s respon$ibil the coun and is entitled to QIJlUChis itics ns a gumdi:in ad litcm. how= . I have read the client's case ns any other attorney involved guardian nd litem m:inunl prepared for the Childtc11's in the c3se." S.D. v. R.0., 628 So.2d 817, Justice Tusk Forte. I have becomeaware from 0Ll1cr 818 (Aln. Civ.App. 1993) ,o urcc, 1h111ce nain jurisdictions consider it appropriate Addltionally, LlJCst atutory provision which governs the for u gunrclinnud li1emto communicate direclly ru1de~ appointmentand paymentof guardfoosod lircm in juve pane with the courL nile c:!$CS ~prcssly suw,s!hat iris the dury the '1bis is • request for a fonnal opinion on the follow or guanlian ad litc:mro act :,s ad,llCllteror thewnrd. CC 198 MAY 2004 unable 10afford counsel, upon n:ques1.1he eoun righ110 be heard oceording 10 law. and. cxcepi as sh.'111•ppoim counsel10 rcprcscmnod ,wis1 the pru- nulhorized by law, neither initi111cnor eo~ider ex cnis. guardian or custodian.It sl,o/1~ tltt duty of pane communications concerning a pending or the <1/>pointedct1uns•I. <1 s ,111<>fficer of tire coul't and impending proceeding.'' as fJ 11,en,berof 1l1t1IH11 : '" 1•eprese1J1anti assist rl,e While Alnbama nppellme courls have never SJ>ecilic,1Jly part/rs to tire best of his or h•r abilif)t (emphasis nddrc..scdthe issue of ex pnne communication with the coun by supplied) a guardian ad li1em.01.her jurisdictions bavc cxprcs5ly ruled on II Is. lhercfore. the opinion of the Disciplinary Commission this issue and ha\'e held such ex pmte communica1ionlo be elh- 1ha1auomeys who are oppo,n1edguardians ad li1cmI\IC odvo 1callyprohibited See.e .g .. Moorr v. Moo~ 809P .2d 26 l (Wyo. cu1csfor 1hcir wards just ns, nnd in the same mnnner ns. retained 1991): Vta.ey v. Vea,<)•. S60 P.2d 382 (Alaskn 1977): Riley" nuorneys arc ndvocnu:sfor their clients. Accordingly. guardians Erie wckowanna R. Camp<111_v. 119 Misc. 2d 6 19. 463 N.Y.S.2d od litcm are subject co 1.hc S(IJl)Cpr ohibition ognins1 ex pane 986 ( 1983); Delos Stmtos "· Superior Crmrr of l os Angeles communicn1ionwilh Ille court as are all other lawyers involved Co11111)•, 27 Cnl. 3d 677,61 3 P.2d 233 ( 1980). in tho adjudica1oryp rocess. The question of ex pnne communicntion by a guarrlinn ad The prohibition npplia,blc 10auomeys is codified in Rule 3.5 litcm has also been oddrcssed in a U'Caliseon 1hc role of the of 1he Rules of Professiol\31Conduc t which provide$ u follows: guardian ad lilem. '·Ruic 3.5 lmpanilllity and Decorum of 1heTribunal "Thegurudinns arc usually alTordedthe same rights A lawyer shall no1: ns lhc panics' nuomcys (e.g., of making opening s1n1cmentsand closing arguments). Gonrdinns c,1n (a) Seek 10 influence a judge. juror. prospective j uror or no1be called as witnesses. Guardians nd 111cmmay other oJ'fici:llby means prohibi1cd by low: 1101have ex pane communlco1ionswith the judge," (b)Communicu1e ex pane wilh such a person except ns Podell. The Role nf tlrr Guardian Ad Utem. 25 Trial pcnniued by law: ... :• 31, 34 (April 1989). A similar prohibition applicable 10judges is found in the For lhc reasonscited nbo\'t:, it is lhe opinion of the Cnnof13of Judicial Ethics. Conon 3(A).(4) of the Canons of Disciplinllf)' Commission of the Alabama Suuc Bar thnt an Judicial Ethics provides as follows: ntton,ey who serves ns n gut1rdinnad !item n,ay no1have ex "A judge should accord 10every person who is pnno communica1ions with 1he 1rialjudge regardinguny sub- legally intcres1cdin n proceeding. or his lawyer, ruJI s1n111ivciss ue before 1he coun. I R0-2000-02) • GotQuestions? UJe..ue got answers Uisit us online now JIii II \R\\11 I \H)f.R 199 Notice to Show Cause Notice is hereby given to Ray:(ord Lee Etherton, J r., who practiced to O,ange Beach, Alabamaand whose whereaboutsare unknown, that pursuant to an order lo show cause of I.beDisc!J'linary commission of lhe Alabama State Bar, dated Febmary I0. 2004. he has 60 days from the date of this publication 10come into compHancewith lhe MandatoryContinuing Legal Education requirementSfor 2002. Noa-compliancewii.b the MCLE requiremeatSshall result in a suspension of his license. [CLE No. 04..() J J Suspensions In ASB No. 03-140(A), Pauline Mclemore retained Holzbom lo seek Social Security disability On January 30, 2004. the Supreme Coo.rt or Alabama bcneutS. Holzbom gave McLemore money and pro adopted the December22. 2003 order revokingLl 1e vided a place for her lo Uve.M cle more did no1 probation of Sylacaugaanomcy Michael Anthony believe that Holzborn ever filed anythingo n her Give.us, eotered by LbeDisciplinary Board , Panel V. bcbaJI. effective December22. 2003. On July 10, 2003, In ASB No. 03-182(A). in an administrative pro Givens was summarilysuspended from Lbepractice ceeding before the Alabama Home Builders or Jaw. On July 28. 2003. the DisciplinaryBoard LiccnsureBoard , Holzbom represented 10 the acceptedG ivens' conditional guilty plea to six viola adminisrrauvelaw judge lhat his stepfather had died. tions of the Alabama Rules of ProfessionalConducL l..aler. the adminisrrativelaw judge learned lbal The DisciplinaryBoard imposed a one-yearsuspen Holzbom's stepfather had nol died when he read 1he sion. However.the Disciplinary Board suspended the report of discipline in The Alabama Lt1wyer. impositionot' this disciplineand held it in abeyance Holzhornhad used tliis same excuse in a previous pending a lwo-yearprobationary period, subject lO proceeding in another coun. Givens' compliance with a lisl of probationarycondi In ASS No. 03-3!8(A), Jaaice Clemons hired tions. On October 2, 2003, tbe omce of General Holzbom to represent her with an auto accidem. Counsel filed a motion to revoke Givens' probation Holzbom took no action in her case and did not based on his failure 10 comply witl1t he rermsof his respond to her request for infom,ation. probation.On October 16, 2003, lhe Disciplinary In ASB No. 03-287, Charlene Tarwaterr etained Board detem1inedthat an order revokingGivens' Holzbom 10 represent her in a slip-and-follinjury. suspension be withheld for a period of 30 days. dur ing which time Givens could bring himself into com Tiiere was no employmentconrract. Al some poin~ Holzborngave T,1rwa1er$2,000 and indicated il was pliance wiLl1the probationorder. Givens failed to settlementof her claim. Tarwaternever sig ned a bring bi1nsclf into compljance with the prob>1ion release and Holzbom never providedany documenui order. [ASB nos. Ol-304(A),02-J29(A), 03-17(A). lion regardingthe settlement. [ASB nos. 03-108(A). 03,SO(A).03-l 13(A) and 03-171(A)] 03-129(A), 03-140(A),03-182(A), 03-287(A), and On February 13. 2004. the SuprelllCCoun of Alabama 03-3 lS(A)] emered an order adoptingI.he order of I.heAlabama Daphne allomey Michael Elihling McDuffie was Stale Bar DisciplinaryBoard, Panel IV. suspending suspended from the practice of law in 1heSta le or Matthew Travis Holzbom for five years. Holzbom Alabama for a period of 91 days, effective January surrende,:edhi s license nnd accepteda suspensionof 25. 2004 by order of the AlabamaSupreme C-0urL 6,•e years. for violationsof the AlabamaRules or The supreme coun entered itS order based upon the ProfessionalConduct in LbefoUowing compla intS( his decision of the Disciplinary Board or the Alabama suspension wa.1 effectiveFebruary 25, 2004): State Bar. The DiscipHnaryBoard accepted In ASB No. 03-108(A) and 03-139(A). Hol1,bQm McDuffie'scondi tional guilty plea and ordered that was re1ainedto represent Betty James to recover he be suspended from lhe practice of low in lhe State da1nagesinvo lving two auto accidentson a contin of Alabama for a period of 91 days. to run concur gency fee basis. Holzbom would 1ell her tha1he was renLlyin each case. However,the Disciplinary Board working on Lbecases and did advance money lo her. ordered Lbat the 91-doy suspension be suspended and Holiborn never took any action on her claims. held la abeyance pending a two-year probatiooary Holzbom reported his actions 10 the bar and James period, with McDuffiet o serve 30 days of the 91-dny later filed a complaint with U1ebar. suspensio11. 200 MAY 2 00 4 The grievance~contained the same or similar allcgntions • On February 13. 2004. Birmingham auomey Michael Benton that McDuffie had foiled to competently represent clicnb. French received a public n:primru1dwithout general publica wilfully neglected clients· case~.failed to rc:isonably com• tion. French entered a plcn 10 violnllon of the following RuJ,,, municated with clients rcganling their cases. failed to keep qf Pro/t!ssionalC,,ndJtct: Ruic 1.1. dt::ilingwith competence: clients' fund5 separ:ue from bis own funds. failed to refund Rule 1.8(c). dealing with prohibited t.ransactlonswith clients; advance payment of fees. failed 10respond to requcslS for and Rule l.15(b). dealing with the prompt notification of the ,nformation from a disciplinary authority.and engaged in receipt of sculcm¢nt proc:ceds. In or about March 1997. other conduct thnt adversely reflects on his litness 10 practice Martha Vineyardhired French on tt 40 percent contingency lnw. As pan of bis plcn. McDuffie was ordered 10enter o fee agreement to represent hr_rco ncerning ru, injury she professional enhancement program. In addition, McDu01c received in a Big Lots pnrking lot from n ..runaway" shopping was ordered to mnke rcs1l1u1ionin the amount of $2,500. can. The case was settled for $12.000 in March 2000. buL [ASB nos. 02-4 l(A) et nl.J French did ooLnotify Vineyurdol' the sctLlemenl for some time. Also. Vineyard's claim wns ~ubjcct 10 o Medicare lien of almost $ 12.000. Blue Cross could no1 lcgolly wnive tl1is lien. Public Reprimands Vineyard refused to execute the sculcmcnt documents under • On December 5. 2003. fonncr Montgomery anomey .John the circumstances. The defendnnt then had the seltlemcnt Oli, I II I \ I I II \ \I I I I U ) I R 201 Injuries received in an aulomoblle accident in May 2000. On DecemberS. 2003. Binningham auomey Willie L,'On Power.,did li1tleor no work on the cnse, nhhough tile com WUliams,Jr. receh-cda public reprimand with gcneml publi pla,nant conw:ted him sevcrnl tames ond rcceh'Cdupdates cation for violnting rules I.J, l.4(n) and 3.2 of the Alabama regarding lhe status of lhe matter. Powers filed a civil action R,Jes of Professional Co1rd11c1. In early 1998.Ms . Robbie in May 2001. but wns unable lo ob1aanservice on lhe defen· McDonaldcontacted Williams nbou1handling her divorce. She dant. The complainant paid Powers $100 in October 2001 10 wns quoted a total fee of $1.175. Shemade a partial payment hire n processserve r. Powers led lbe complainam to bclic,·e nnd \Vtlli3ms filed lhe divorce complainLS ubsequently. she 1hn1t he complaint had been served. ll owever, the return of wns unable 10 puy nny oddiLlonol fees arid lhc divorce was vol service wus never filed with Ll1e court. On Mnrcb 28, 2002. u111nrily abandoned.The court dismissed the complainl on June Ll1c:court ordered that lhe case would be dismissed u,ilcss 28. 1999. On February 2, 200 I. McDonald paid William, service was obtained wi1hin 28 days. Powers did not inform $1.075 10 initiate divorce proceedingsagain. A second d,vorec lhc complain:uu of the court·s order. and lhc action was sub complnin1was filed on Fcbrunry21 , 2001. Williams100k no sequently dismissed on June .&.2002 . Powers did no1 noufy further action for nine months. McDonald called on a regulnr 1hccomplninant of the dismissal. When 1hccompbtina.ni dis · b.,sis secl.:inga sm1usrcpon bu1 Williamsdid not comm1micu1c co,-cred that the case bad been dlsmi~ . Powers assured the wilh her about the case..William s did not notify McDonald1h01 complainant tha1he would do "'ha1cvcr it look 10rectify the the second complaint bod been dismissed by tlie court on situa1ion,bu1d be id nothing. (ASB No. 03-36(A)J August 28. 2001. Wi1hou1McDonald's knowledge \\ rollinms • Mobile nnomcy Slade Gordon Wntson received n public rep filed o Ll1ird complaint on Sep1cmbcr 20. 2001. Se,•crnlof 1he rlmnnd wilh general publlca1io11on February 13. 2004 for ossocillleddocwnenlS were rejected by lhe court. WUU11msdid violaling rules 1.3 and l.4{a}, A.R.P.C. Wa1son was retained not correct and re-file1he doc1ut 1e111s. McDonald SClllWillinms to represent a client in a maucr concerning the suspension of four leners between Sep1cmbcr200 I and January 2002 his Alabama driver·s license and paid a $500 retainer. expressing her frustration :11his lack orcommunication wilh Approximately one year ln1er.Wa1<0n still had done no won. her. In her last letll:r.$he informed Willinmsthat she would be in lhc m:mcr. During tha1 time, WnL,;ondid 001conununicn1c seeking assist.ancefrom lhc b.v if he did not add,e,,,s herc on w1lhlhe clien1,nor did he respond 10the clien.-s reasonable cerns. On January 17. 2002. McDonald filed a complainl wilh rcqucsis for infonna1ion concerning 1hc maner. Watson also the bnr. After receiving notice of 1hebar compl>int, Williams refused 10 refund the retainer ofter h•ving been rcques1cd10 filed corrected documents nnd s divorce decree wn.su ltimnlcly do so by 1he client. [ASB No. 03-1S(A)] entered on March II. 2002. (ASB No. 02-061) • Legal Professional Liability Coverage for America's Greatest Law Firms Financial Stability• Co verage For AJI Firm Size s Optional J\lonthly Payment Plan Rated "A" by A."l. Best* Apply Online - App In A Snape Visit Us Online www.greatamericanlawyer.com Nick Baldini Professional LiabiHty Division ·AN,, BOMRotlng Ropo<1.J uly 2• . 2003 800-299-4331 4>2003 by Gren:t American Insurance Group. All 1lgh1a reserved. 202 MAY 2 0 04 UnitedAll Over Ourland Everywhere you live in Alabama,you can find a LandAmericarepresentative nearby. Weare where you needus, when you needus . 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