JOURNAL Accomplishment Mentors Share Expertise for Bar Exam Success

February 2019 Volume 24, Number 4

GEORGIA BAR From the Executive Director—William Alexander: Low in Profile, High in JOURNAL Accomplishment Mentors Share Expertise for Bar Exam Success

A Conversation with Anne W. Lewis

Small Changes, Big Impact

LEGAL A Guide to Disqualification Under Georgia Rules of Professional Conduct 1.6, 1.7 and 1.9 Visit www.gabar.org for the most up-to-date information on committees, members, courts and rules. DON’T ROLL THE DICE ...

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EDITORIAL OFFICERS OF THE QUICK DIAL MANUSCRIPT SUBMISSION BOARD STATE BAR OF GEORGIA ATTORNEY DISCIPLINE The Georgia Bar Journal welcomes the submission of EDITOR-IN-CHIEF PRESIDENT 800-334-6865 ext. 720 unsolicited legal manuscripts on topics of interest Bridgette E. Eckerson Hon. Kenneth B. Hodges III 404-527-8720 to the State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should be MEMBERS PRESIDENT-ELECT CONSUMER ASSISTANCE PROGRAM 10 to 12 pages, double-spaced (including endnotes) Donald P. Boyle Jr. Darrell L. Sutton 404-527-8759 and on letter-size paper. Citations should conform J. Kyle Brooks TREASURER CONFERENCE ROOM RESERVATIONS to A UNIFORM SYSTEM OF CITATION (19th ed. Rickie Lee Brown Jr. Dawn M. Jones 404-419-0155 2010). Please address unsolicited articles to: Bridgette John Clay Bush Eckerson, State Bar of Georgia, Communications Timothy J. Colletti SECRETARY FEE ARBITRATION Department, 104 Marietta St. NW, Suite 100, Atlanta, Angela Ellen Cusimano Elizabeth L. Fite 404-527-8750 GA 30303. Authors will be notified of the Editorial Jacob E. Daly IMMEDIATE PAST PRESIDENT CLE TRANSCRIPTS Board’s decision regarding publication. Jake Evans Brian D. “Buck” Rogers 404-527-8710 Lynn Gavin The Georgia Bar Journal welcomes the submission Megan Turley Hodgkiss YLD PRESIDENT DIVERSITY PROGRAM of news about local and voluntary bar association Eric Hooper Hon. Rizza P. O’Connor 404-527-8754 happenings, Bar members, law firms and topics of interest to attorneys in Georgia. Please send news Amber L. Nickell YLD PRESIDENT-ELECT ETHICS HELPLINE releases and other information to: Sarah I. Coole, Kevin Patrick William T. Davis 800-682-9806 Director of Communications, 104 Marietta St. NW, Kristin M.S. Poland 404-527-8741 Pamela Y. White-Colbert YLD IMMEDIATE PAST PRESIDENT Suite 100, Atlanta, GA 30303; 404-527-8791; Mark W. Wortham Nicole C. Leet GEORGIA BAR FOUNDATION/IOLTA [email protected]. 404-588-2240 DISABILITIES COMMUNICATIONS GEORGIA BAR JOURNAL If you have a disability which requires printed EDITORS EMERITUS COMMITTEE 404-527-8791 materials in alternate formats, please call 404-526- Timothy J. Colletti (2015-17) CO-CHAIR GOVERNMENTAL AFFAIRS 8627 for assistance. Bridgette E. Eckerson (2012-15) Peter C. Canfield 404-526-8608 Robert R. Stubbs (2010-12) PUBLISHER’S STATEMENT Donald P. Boyle Jr. (2007-10) CO-CHAIR ICLE Marcus D. Liner (2004-07) Sonjui L. Kumar 678-529-6688 The Georgia Bar Journal (ISSN-1085-1437) is published Rebecca Ann Hoelting (2002-04) LAWYER ASSISTANCE PROGRAM six times per year (February, April, June, August, Marisa Anne Pagnattaro (2001-02) October, December) by the State Bar of Georgia, COMMUNICATIONS 800-327-9631 D. Scott Murray (2000-01) 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. DEPARTMENT William Wall Sapp (1999-00) LAW PRACTICE MANAGEMENT Copyright State Bar of Georgia 2019. One copy of Theodore H. Davis Jr. (1997-99) DIRECTOR 404-527-8773 each issue is furnished to members as part of their L. Brett Lockwood (1995-97) Sarah I. Coole LAW-RELATED EDUCATION State Bar dues. Subscriptions: $36 to non-members. Single copies: $6. Periodicals postage paid in Atlanta, Stephanie B. Manis (1993-95) ASSISTANT DIRECTOR 404-527-8785 Georgia, and additional mailing offices. Advertising William L. Bost Jr. (1991-93) Jennifer R. Mason Charles R. Adams III (1989-91) MEMBERSHIP rate card will be furnished upon request. Publishing L. Dale Owens (1987-89) COMMUNICATIONS COORDINATOR 404-527-8777 of an advertisement does not imply endorsement of Donna G. Barwick (1986-87) Ashley G. Stollar MEETINGS INFORMATION any product or service offered. POSTMASTER: Send James C. Gaulden Jr. (1985-86) SOCIAL MEDIA COORDINATOR 404-527-8790 address changes to same address. Jerry B. Blackstock (1984-85) Danyale Brown Steven M. Collins (1982-84) PRO BONO RESOURCE CENTER Walter M. Grant (1979-82) 404-527-8763 Stephen E. Raville (1977-79) PROFESSIONALISM 404-225-5040 SECTIONS 404-527-8782 The opinions expressed in the Georgia Bar TRANSITION INTO LAW PRACTICE Journal are those of the authors. The views 404-527-8704 expressed herein are not necessarily those of the UNLICENSED PRACTICE OF LAW State Bar of Georgia, its Board of Governors or 404-527-8743 its Executive Committee. YOUNG LAWYERS DIVISION 404-527-8778

2 GEORGIA BAR JOURNAL GEORGIA BAR JOURNAL February 2019 | Volume 24 | Number 4

GBJ | The Features

24 Mentors Share Expertise for Bar Exam Success LINTON JOHNSON

28 Melton’s Mentoring Moments . . . According to “My Cousin Vinny” MICHELLE E. WEST

32 The State Bar of Georgia Diversity Program Is Here and Here To Serve REBECCA CHRISTIAN SMITH

34 Augusta-Area Attorneys Honored CHRISTOPHER PITTS

36 Marching Toward Women’s History Month: Looking Back and Ahead MICHELLE E. WEST GETTYIMAGES.COM/ULFWITTROCK A GUIDE TO DISQUALIFICATION UNDER GEORGIA RULES OF The PROFESSIONAL CONDUCT 1.6, 1.7 AND 1.9 / 18 Legal Tarek Abdel-aleem and Yussuf A. Aleem

2019 FEBRUARY 3 54

GETTYIMAGES.COM/MASTERZPHOTOIS

GBJ | In Every Issue 40 Georgia Lawyer Spotlight 57 Pro Bono Star Story A Conversation with Denise VanLanduyt 5 Editor’s Letter Anne W. Lewis Laurie Rashidi-Yazd 6 From the President Jacob E. Daly 10 From the YLD President 58 Section News 49 Office of the General Counsel State Bar Construction 14 From the Executive Director How Many Lawyers Does Law Section Building Its it Take . . . ? Membership 44 Bench & Bar Paula Frederick 50 Attorney Discipline 52 Legal Tech Tips 60 Member Benefits 54 Law Practice Management Fastcase 7—Five Things That 66 In Memoriam Reaching Your Business Goals Make It a Great Member Benefit 68 CLE Calendar in 2019 Sheila Baldwin 71 Classified Resources Natalie R. Kelly

72 Advertisers Index 62 Writing Matters 56 Pro Bono Small Changes, Big Impact What’s Your Change Score? Karen J. Sneddon and David Hricik Mike Monahan

64 Professionalism Page Convocation on Professionalism and the Global Community Leslie E. Stewart

4 GEORGIA BAR JOURNAL EDITOR’S LETTER

The February Issue

It’s that time of year again: New Year’s forts to advance women in the legal profes- resolutions. Do any of your resolutions con- sion and support their interests. Notably, cern your law practice? If so, please turn your GAWL just celebrated its 90th anniversary. attention to “Reaching Your Business Goals We have also featured an interview of Anne February 2019 Volume 24, Number 4

GEORGIA BAR From the Executive in 2019” from the Law Practice Management W. Lewis, the general counsel for the Geor- Director—William Alexander: Low in Profile, High in JOURNAL Accomplishment Program, where you can find information on gia Republican Party. She speaks about “the Mentors Share Expertise for Bar Exam Success

A Conversation LPM services, including helpful literature, intersection of law and politics” and how with Anne W. Lewis

Small Changes, technology proficiency and business plan- that has shaped her career, and her perspec- Big Impact ning. Younger lawyers may find useful the tive on Georgia politics, both red and blue. YLD president’s article on the Lawyers for On the President’s Page, Bar President Equal Justice (L4EJ) Program. L4EJ is a com- Ken Hodges discusses the continuing self-

petitive program open to a select group of regulation of the legal profession: including LEGAL A Guide to Disqualification applicants to help new lawyers “gain hands- whether to require Georgia lawyers to carry Under Georgia Rules of Professional Conduct on, real-life experience in representing cli- professional liability insurance, or disclose 1.6, 1.7 and 1.9 ents in need of legal services” (but only if you that they do not carry such insurance; au- 219GBJ_cover.indd 1 2/5/2019 9:51:37 AM ON THE COVER are up for a two-week boot camp followed diting trust accounts; reporting bar viola- GETTYIMAGES.COM/ULFWITTROCK by substantive legal training for 18 months). tions; and mandatory written fee agree- This program serves the dual goal of fur- ments. Hodges invites Georgia lawyers to thering the practice of young lawyers while comment on these issues that will affect expanding the availability of low-cost legal every member. This month’s legal article, VISIT services to those in need. “A Guide to Disqualification Under Geor- Rebecca Christian Smith “re”-introduces gia Rules of Professional Conduct 1.6, 1.7 gabar.org readers to the State Bar of Georgia Diversity and 1.9” by Tarek Abdel-aleem and Yussuf Program. Georgia was one of the first states A. Aleem, will hopefully help you keep in VIEW ONLINE whose Bar association established a steer- mind the issues surrounding conflicts that www.gabar.org/ gabarjournal ing committee on diversity for its members. arise with successive clients. Smith’s article brings the GDP to life, dis- Finally, “Melton’s Mentoring Moments FOLLOW cussing its membership and ever-growing . . . According to ‘My Cousin Vinny’” is a Twitter programs. We have a fascinating feature must read. Chief Justice Harold D. Melton @StateBarofGA @GeorgiaYLD article on William H. Alexander, a Georgia reminisces about his mentoring experiences, @iclega civil rights attorney whose career as an at- which he tells through the lens of that oft- Facebook torney, state legislator, state court judge and quoted and much loved movie. Any lawyer @statebarofgeorgia then superior court judge, is as inspiring as who has seen it will instantly relate to Chief @GeorgiaYLD @iclega it is humbling. Can there be any higher Justice Melton’s personal stories. YouTube praise than to hear that he was “undeterred For those of you whose New Year’s /StateBarofGeorgia in his quest for justice?” resolution is to read the Georgia Bar Journal Flickr In “Marching Toward Women’s History from cover to cover, then we hope you en- /statebarofgeorgia Month,” you can read about the Georgia joy these and all of the other great articles /yld Association for Women Lawyers’ past ef- in this issue! l Instagram @statebarofga @georgiayld LinkedIn /state-bar-of-georgia

BRIDGETTE E. ECKERSON Editor-in-Chief, Georgia Bar Journal [email protected]

2019 FEBRUARY 5 GBJ | From the President

Protecting the Authority to Self-Regulate

Unlike most professions, lawyers have are dissatisfied with their representation. the authority of self-regulation. In fact, Legal professional liability insurance the need to protect the public through a protects the lawyer from the mistakes system of regulation and discipline within that can occur while practicing law and the legal profession was the main reason compensates clients who can prove they the Georgia General Assembly and the were harmed by those mistakes. Supreme Court of Georgia established the A lawyer’s failure to carry malpractice unified State Bar of Georgia 55 years ago. insurance when there is a legitimate claim 2019 BACKLIGHT, INC. WWW.CASTYOURLIGHT.COM © 2019 BACKLIGHT, INC. WWW.CASTYOURLIGHT.COM Hugh M. Dorsey, the first president can result in inadequate compensation of the State Bar of Georgia, said as much to the harmed client, financial ruin for HON. KENNETH B. during his address at the 1964 Annual the lawyer—or both. Going without HODGES III Meeting. “Certainly, the capstone of the such coverage is irresponsible and can State Bar is the power of self-discipline, itself be considered malpractice. When I President which has been sought so long and is was in private law practice, I could not State Bar of Georgia needed so badly,” Dorsey said. “For the have imagined doing so without liability [email protected] first time all of us can, and will, be held to insurance, and I always carried errors answer to the public for the conduct and and omissions insurance. However, character of our profession and here we uninsured lawyers have become a must not, and cannot, fail.” relatively pervasive problem in Georgia, This is an important responsibility that according to malpractice lawyers I have if not handled properly could result in the heard from. At a minimum, it seems to power to self-regulate being removed, me that lawyers should be required to which is why, as president, I established disclose to potential clients whether or a Professional Liability Insurance not they’re carrying insurance. Committee to look into whether we The State Bar’s Executive Committee should require attorneys to maintain legal first discussed the idea of mandatory malpractice insurance, or at least require malpractice insurance for Georgia lawyers, disclosure to their clients and/or the or disclosure thereof, during a retreat last public whether they have such coverage. September. We decided to explore the We all know that lawyers are open to concept and asked General Counsel Paula being sued for malpractice when clients Frederick to provide information for

6 GEORGIA BAR JOURNAL discussion at the November meeting of the OFFICERS’ BLOCK Board of Governors. Paula reported that 23 jurisdictions In this issue of the Georgia Bar Journal, we asked our State Bar of currently require lawyers to disclose Georgia officers, “Which recent development in the legal profession has whether they have malpractice insurance. affected your law practice the most? Or what app do you use that helps Most gather the information through a you in your practice?” check-off on their annual dues or registration statement. The information is most often provided to the public for the HON. KENNETH B. HODGES III benefit of potential clients; in fact, seven President jurisdictions require the lawyer to disclose While not new, the iPad and iPhone allow me to live the information directly to the potential in Albany and practice (and now judge) anywhere. client. Many clients are not aware that The three-hour commute to Atlanta is a great time lawyers in most states are not required to to connect with all I need to talk to, handsfree of have insurance. course, and working remotely affords me a much According to news reports, the State higher quality of life. Bar of California is now debating whether to require all lawyers in that state to carry DARRELL L. SUTTON malpractice insurance coverage. Present- President-Elect ly, only the Idaho and Oregon bars have such a requirement. Using an e-signature app has cut out the back and I have yet to hear a strong argument forth which often comes with obtaining required against requiring mandatory insurance or, signatures. The app has made executing documents at a minimum, disclosure. There is little less cumbersome. When I submit documents for execution, I can instantaneously get the signatures I sympathy over the concern that a lawyer need or sign items while I’m on the go. who does not have liability insurance would be at a disadvantage in getting clients. To those who say they cannot DAWN M. JONES afford the coverage, I would respond that Treasurer defending a malpractice claim without Mandatory eFiling is a welcome development to my active insurance would be far more expensive litigation practice. I will not miss driving to the applicable than the insurance premiums would courthouse, trying to beat traffic and the clerk’s office have been. And without the insurance, closing. Change can be painful, especially as it relates to the client and/or the public would have technology, but eFiling any time, any day, anywhere, is little to no recourse. good for us and for our clients. The Professional Liability Insurance Committee, which is working hard to ELIZABETH L. FITE finalize a proposal for Board of Gover- Secretary nors action next month, includes a diverse group of Bar members in terms of I recently got an iPencil to use with my iPad Pro, and geography and size and scope of practice. it has increased my productivity with the iPad. It’s nice to be able to handwrite notes in documents and We wanted to ensure that we covered the have everything saved in one place. spectrum of representation to take in all points of view. Linley Jones of Atlanta chairs the committee, and Bill Mitchell of Norcross is vice chair. Members include Sally Akins of Savannah, Kimberly Cofer BRIAN D. “BUCK” ROGERS Butler of Savannah, Emerson Carey Jr. of Immediate Past President Atlanta, Bill Clark of the Georgia Trial The SEND button for texts and emails has had a Lawyers Association, Young Lawyers regrettably detrimental effect on civility and has all Division President-Elect Will Davis, Mi- but eliminated attorney down time. It is difficult to chael Frick of Brunswick, Warren Hinds determine the tone of the inherently brief communi- of Roswell, David Lefkowitz of Athens, cation. Further, by having the opportunity to always Christine Mast of Atlanta, Gary Spencer be on call, we often burden ourselves and each other. of Atlanta, Shannon Sprinkle of Atlanta

2019 FEBRUARY 7 In addition to requiring attorneys to carry or at least disclose whether they carry malpractice insurance, there are other potential measures the Bar could consider to strengthen the authority of professional self-regulation to further protect the public.

and Pete Werdesheim of Atlanta. David Commission on Evaluation of Disciplinary with applicable rules of court; and Lipscomb of Lawrenceville is the Execu- Enforcement (the “McKay Commission”), (2) employ sampling techniques to tive Committee liaison. which provided that random audits of law- examine “selected accounts,” unless In addition to requiring attorneys to yer trust accounts be authorized by court discrepancies are found which carry or at least disclose whether they car- rule. The McKay Commission determined indicate a need for a more detailed ry malpractice insurance, there are other that random audits were a proven deter- audit. “Selected accounts” may potential measures the Bar could consider rent to the misuse of money and property include money, securities and other to strengthen the authority of professional in the practice of law and that examination trust assets held by the lawyer or law self-regulation to further protect the pub- of trust accounts by court-designated au- firm; safe deposit boxes and similar lic. Three of these are random audits of ditors provided practitioners with expert devices; deposit records; cancelled trust accounts, a requirement for lawyers and practical assistance in maintaining checks or their equivalent; and any to report violations of the Rules of Profes- necessary records and supporting books other records which pertain to trust sional Conduct by other Bar members and of account. The Model Rule includes the transactions affecting the lawyer’s or offer of settlement insurance. following provisions: law firm’s practice of law. 1. The [highest court of the 4. The examiner shall prepare a written jurisdiction] shall approve report containing the examiner’s Auditing Trust Accounts procedures to randomly select lawyer findings, a copy of which shall be We do not currently have a Random Au- or law firm trust accounts for audit. provided to the audited lawyer or dit of Trust Accounts rule in Georgia, law firm. but we do have a Bar Rule 4-111, which 2. An audit of a lawyer or law firm 5. In the event that the audit report allows the State Disciplinary Board to trust account conducted pursuant asserts deficiencies in the audited conduct an Audit for Cause when the to this rule shall be commenced lawyer’s or law firm’s records or board has evidence suggesting that a by the issuance of an investigative procedures, the lawyer or law firm lawyer is stealing client funds. Before subpoena to compel the production shall, within [10] business days approval of the audit can be granted, of records relating to a lawyer’s after receipt of the report, provide the lawyer shall be given notice that ap- or law firm’s trust accounts. The evidence that the alleged deficiencies proval is being sought and be given an subpoena shall contain a certification are incorrect, or that they have been opportunity to appear and be heard. The that it was issued in compliance with corrected. If corrective action requires sufficiency of the notice and opportunity this rule, that the lawyer or law firm additional time, the lawyer or law firm to be heard shall be left to the sole discre- was selected at random, and that shall apply for an extension of time to tion of the persons giving the approval. there exist no grounds to believe a date certain in which to correct the The State Disciplinary Board must in- that professional misconduct has deficiencies cited in the audit report. form the person being audited that the occurred with respect to the accounts audit is an Audit for Cause. According being audited. The subpoena shall 6. All records produced for an audit to Paula Frederick, the board has never be served at least [10] business days conducted pursuant to this rule shall used this authority. before commencement of the audit. remain confidential, and their contents The American Bar Association has 3. With respect to each audit conducted shall not be disclosed in violation of the developed a Model Rule for Random Au- pursuant to this rule, the examiner shall: client-lawyer privilege. dit of Lawyer Trust Accounts, which is (1) determine whether the lawyer’s 7. Records produced for an audit predicated on the adoption by the ABA of or law firm’s records and accounts conducted pursuant to this rule may Recommendation 16 of the Report of the are being maintained in accordance be disclosed to:

8 GEORGIA BAR JOURNAL (1) the lawyer disciplinary agency rule would not only protect the public there are concerns over whether buying or to a court to the extent disclosure from bad lawyers; it would also protect the insurance violates one of the rules of is necessary for the purposes of the lawyers and law firms from employees professional conduct. I have asked the particular audit; who go bad. Rules Committee to consider providing (2) the lawyer disciplinary agency additional guidance on the matter. for the purposes of a disciplinary proceeding; and Reporting Conduct Violations (3) any other person, including a ABA Rule 8.3 (also known as “the rat Mandatory Written Fee law enforcement agency, with the rule”) provides that “a lawyer who knows Agreements permission of the [highest court of that another lawyer has committed a The Executive Committee has also the jurisdiction]. violation of the Rules of Professional referred the idea of mandatory written 8. A lawyer or law firm shall cooperate Conduct that raises a substantial ques- fee agreements to the Disciplinary Rules in an audit conducted pursuant tion as to that lawyer’s honesty, trust- Committee for consideration. Currently, to this rule, and shall answer all worthiness or fitness as a lawyer in other only contingency fee agreements have questions pertaining thereto, unless respects, shall inform the appropriate to be put in writing. Proponents of the lawyer or law firm claims a professional authority.” expanding that requirement contend that privilege or right which is available The ABA rule also states that a “lawyer if all fee agreements were in writing, there to the lawyer or law firm under who knows that a judge has committed would be less confusion for clients and the applicable state or federal law. A a violation of applicable rules of judicial State Bar would receive fewer grievances lawyer’s or law firm’s failure to conduct that raises a substantial question related to fees. cooperate in an audit conducted as to the judge’s fitness for office shall in- I am not saying that the State Bar pursuant to this rule shall constitute form the appropriate authority.” should enact all of these initiatives. professional misconduct. The rule stipulates that the disclosure But our paramount duty is to serve the of information protected by another rule interests of the public and the justice 9. No lawyer or law firm shall be subject or gained while participating in a lawyers system. We should consider these and all to an audit conducted pursuant to assistance program is not required. other proposals that would improve our this rule more frequently than once system of regulation and discipline. every [three] years. When I was a district attorney, work- The ABA Model Rule proposes a basic Offer of Settlement Insurance ing on a daily basis with law enforcement, I structure and system for a random audit Another item that could be considered is sometimes was put in the unusual position program, including such procedural relatively new to the landscape. Georgia of having to prosecute officers for wrong- safeguards as adequate prior notice is the second state (along with Florida) doing, including a former sheriff who had before the commencement of an audit; where offer of settlement insurance is ordered the assassination of his successor. written audit reports; the opportunity available as a way of protecting clients I knew that the vast majority of the law for an audited lawyer or law firm to from costly results and for lawyers to enforcement community wanted officers respond to an examiner’s report; the safeguard their contingency fees in tort who had broken the law held accountable. preservation of confidentiality of client claims affected by the state’s offer of Likewise, the State Bar cannot be a records; and the frequency of audits judgment statute. protectionist organization. We don’t want conducted by random selection. The insurance is aimed at helping al- to believe there are any “bad apples” out The rule contemplates that assigned leviate the risk of going to trial rather there among our colleagues. But we know agencies will tailor or augment these ba- than accepting a settlement offer. Un- there are those who break the rules and sic procedures to address specific condi- der state law, if the damages awarded at fail to meet professional standards. That tions, needs and concerns which exist in trial are more than 25 percent higher or puts people’s lives and liberties at risk. To their jurisdictions. Certain jurisdictions, lower than the amount offered, the party maintain our authority to self-regulate, for instance, issue an informal notice of that rejected the settlement may be held we must be diligent in disciplining those audit rather than a subpoena. Such local liable for the opposing side’s attorney who tarnish the profession. rules require the assignment of adminis- fees and expenses from the date the offer The State Bar leadership needs to trative responsibility for the jurisdiction’s was declined. hear from our fellow members about random audit program to the lawyer dis- According to a recent article by Greg these and other issues that need to be ciplinary agency, the lawyers’ fund for cli- Land in the Daily Report, lawyers whose addressed. I want to hear your position ent protection or other appropriate court- clients have purchased the policies, which and the rationale for your position designated entity. are unregulated by the Georgia insur- before decisions are made. Feel free While in private practice, I actually ance commissioner but are marketed as to send me your thoughts by email to volunteered to have my law firm enforceable private contracts, said they [email protected] on these or any audited. It is easy to make mistakes. This have worked successfully for them. But other proposals. l

2019 FEBRUARY 9 GBJ | From the YLD President

L4EJ: Helping New Lawyers Help Clients in Need

The beneficiary of this year’s Young and entrepreneurial lawyers who want to Lawyers Division Signature Fundraiser is build innovative practices that “break the Lawyers for Equal Justice, a unique, dual- mold” to provide cost-effective services. purpose program that is not only helping L4EJ participants are chosen through a new Georgia attorneys get their law prac- competitive selection process that in- tices off the ground but also working to cludes a personal statement and inter- close the justice gap in our state. view. L4EJ accepts a group of up to 10 Lawyers for Equal Justice (L4EJ) was es- participants every November and June, tablished as an incubator program to serve with up to 30 participants total in the as a springboard for recent law school grad- 18-month program at any time. uates to start innovative, socially conscious The Lawyers for Equal Justice board and sustainable law practices by providing and staff do not exercise direct or indi- HON. RIZZA P. affordable legal services to underserved, rect supervisory or managerial authority O’CONNOR low- and moderate-income clients. While over the participating attorneys, and the the State Bar’s Law Practice Management program does not share legal fees with Program offers a wealth of resources for the participating attorneys. L4EJ is not YLD President starting a law office, L4EJ provides a way a law firm; rather, it is a community for State Bar of Georgia for new lawyers to gain hands-on, real-life individual, Georgia attorneys committed [email protected] experience in representing clients in need to serving people who otherwise could of legal services. not afford legal representation. Each par- L4EJ provides an 18-month program ticipating attorney operates his or her to help attorneys launch their careers in own distinct and independent practice. a range of practice areas, directly serving No legal representation relationship ex- those in need. Attorneys who apply for ists in any way between L4EJ and any of L4EJ and are selected to participate pay the clients or prospective clients of the a fee and benefit from a collaborative of- participating attorneys and/or between fice environment; a case referral program; any user of this website and L4EJ or any practical resources including advanced of its affiliates. law practice management technology; and L4EJ creates an entrepreneurial career top-notch legal training, mentoring and pipeline by providing each of its partici- business coaching. pants with an office toolbox of resources, According to its website, L4EJ seeks to including office space and software to identify talented, public interest-minded help launch the practices, in addition to

10 GEORGIA BAR JOURNAL training and mentoring. Each class of OFFICERS’ BLOCK participants starts with a two-week boot In this issue of the Georgia Bar Journal, we asked our YLD officers, “Which camp that gives new attorneys the foun- recent development in the legal profession has affected your law practice dation for starting a successful law prac- the most? Or what app do you use that helps you in your practice?” tice. The sessions begin with vision and mission, move to development of innovative and efficient practice systems, cover strategies for effective client communication and conclude with practice skills HON. RIZZA O’CONNOR | YLD President development. The program is engaging, As a magistrate, I am considering several programs to interactive and fun. streamline our criminal warrant process. We currently use Boot camp is just the beginning of the the traditional paper method. I hope to switch to a program that will allow magistrates and police officers the ability to training offered by L4EJ. Throughout communicate via video conferencing and then electronically the year, L4EJ provides substantive le- sign warrants from home or work computers. gal training in two tracks: “Law 101” and “Advanced Legal Topics.” The “Law 101” WILLIAM T. “WILL” DAVIS | YLD President-Elect series gives attorneys a baseline level of I’m an advocate for Our Family Wizard. It allows parties to knowledge in areas that are likely to af- message, post photos and share receipts. All communication fect low- and moderate-income clients, can be saved and monitored. OFW provides evidence of success such as bankruptcy, family law, traffic and failure by the parties for future contempt and modification actions. I recommend it to my clients with kids (or difficult exes). violations and public benefits. In addition to the pro bono tracks, which pro- BERT HUMMEL | YLD Treasurer vide numerous opportunities for hands- on skills development, L4EJ offers skills The recent transition to mandatory eFiling will have a development training on mediation and tremendously positive affect on my law practice and should negotiation, discovery, evidence, witness free up time and resources spent on filing in person. examination and trial preparation. Every attorney also participates in a simulated mediation and trial as part of “Trial Day.” ELISSA B. HAYNES | YLD Secretary The “Advanced Legal Topics” series takes a deeper dive into issues that arise I have personally benefited from Georgia’s mandatory civil in the participating attorneys’ practice eFiling. With a growing insurance defense practice, filing deadlines are critical. Mandatory eFiling makes it easier areas. These trainings have included to quickly review a docket and has helped to cut down on real estate title transfers and foreclosure courier expenses for those last-minute pleadings. defense. And although solo and small- firm attorneys don’t always think of NICOLE C. LEET | YLD Immediate Past President themselves as business owners, business The Westlaw App has a useful offline mode where you can management skills are an essential part “ ” save cases and access them even without service. It saves of success as a solo attorney, L4EJ pro- so much bulk by not having to print out “just in case” cases vides regular training on practice man- you may use but are not your primary support. It’s also very agement, accounting, strategic planning handy to check opposing counsel’s references on the fly. and business development. Training continues through weekly ses- AUDREY B. BERGESON | YLD Newsletter Co-Editor sions covering substantive law, legal skills I love that most document storage programs now also have and practice management. Between boot an app. It’s great to be able to quickly pull up a client file or camp and regular training, L4EJ makes pleading on the go. more than 150 hours of training available to participants each year. Many of the training opportunities are available to any member of the Bar at a reasonable cost. BAYLIE M. FRY | YLD Newsletter Co-Editor Guest trainers from legal services or- I use Workshare Compare frequently in my practice ganizations, law schools and law firms to compare document versions. Not only is it a useful volunteer their time to conduct many of learning tool, but it is also helpful to reflect edits made L4EJ’s training sessions. Mentoring is of- to transaction documents to other counsel involved on a fered to participants through a structured deal. The redline reflecting the changes is produced in .PDF format, which avoids inadvertent edits in the document.

2019 FEBRUARY 11 program that connects participants with electronically. If there is a need for a hear- experienced attorneys who can provide ing, the L4EJ lawyer will be able to repre- assistance on a variety of legal topics, sent the litigant electronically in that rural strategy and practice management issues. Georgia court through the use of video- While receiving valuable legal and conferencing technology, from their of- practice management training, partici- fice in Atlanta or elsewhere. The first test pants in Lawyers for Equal Justice also case will be in my court, the Magistrate gain hands-on experience while helping Court of Toombs County. close Georgia’s justice gap. According to Lawyers for Equal Justice will be the the Brennan Center for Justice, 80 per- beneficiary of this year’s YLD Signature cent of low-income people have trouble Fundraiser. Our goal for this event is to obtaining legal representation or other- bring support to the Remote Represen- wise accessing the civil court system to tation Program in growing it to courts protect their property, family and liveli- all across Georgia. Our aim is to create a hood. Low- and moderate-income house- model where the procedure for remote holds in Georgia experience two to three representation and the equipment needed civil legal needs per year. The vast ma- can be easily and inexpensively duplicated jority of these cases are resolved without by other courts. legal assistance. The Signature Fundraiser will take L4EJ’s program is designed to expand place on Saturday, April 13, at Terminal access to affordable legal services state- West in Atlanta. The event will feature a FIND US wide. Participating attorneys provide casino theme and offer attendees the op- both pro bono and low bono services to portunity to play Las Vegas style games EVERYWHERE low- and moderate-income Georgians— for fun. The evening will also include live ensuring that people who otherwise music and dancing, food and an open bar. online and would not have access to a lawyer are able Complete information will be available in the cloud to receive legal help. soon on the Bar’s website. L4EJ participants accept referrals from There are a number of other ways partner legal services organizations on for Bar members to support the work a pro bono basis. L4EJ works in close of Lawyers for Equal Justice. Attorney partnership with nonprofit legal services mentors are needed to offer help to par- partners to facilitate successful pro bono ticipants in accelerating their profes- representations. Participating attorneys sional development. Mentors attend one are committed to exploring innova- or more Monday mentoring circles with tions in the delivery of legal services to participants, where they answer questions make those services more affordable, and about substantive law and case strategy, therefore more accessible, by leveraging discuss best practices and offer advice on technology, experimenting with differ- practice management and business devel- gabar.org georgiayld.org ent fee models and using limited scope opment. If you would like to help shape georgiamocktrial.org or “unbundled” services. our next generation of lawyers, you can This year, through my signature proj- sign up as a mentor by calling 404-474- facebook.com/ ect, the Remote Representation Pro- 7447 between 9 a.m. and 1 p.m. Monday statebarofgeorgia gram, the YLD is partnering with Law- through Friday. flickr.com/gabar yers for Equal Justice to emphasize the Additionally, if you have a potential use of technology in bringing pro bono client whose income level is such they are youtube.com/ and low bono representation to litigants need of pro bono or low bono services statebarofgeorgia in rural Georgia. or would benefit from arrangements like twitter.com/ Under the Remote Representation sliding-scale rates, fixed fees, payment statebarofga Program, litigants will have the opportu- plans and limited scope services, please nity to hire a lawyer in the L4EJ program. consider referring them to L4EJ. Poten- LinkedIn/ All communication will be handled by tial clients can submit an online request state-bar-of-georgia phone, email or messaging. If a lawyer- at lawyersforequaljustice.org or by calling client relationship is formed, the lawyer 404-474-7447 between 9 a.m. and 1 p.m. will be able to file all court documents Monday through Friday. l

12 GEORGIA BAR JOURNAL 2019 HIGH SCHOOL MOCK TRIAL CHAMPIONSHIP ATHENS | GEORGIA MAY 16-18 | athens2019.nhsmtc.org | [email protected]

The State Bar of Georgia and its Athens Atlanta Young Lawyers Division are excited Athens is approximately to host the 2019 National High School 75 miles northeast of Hartsfield-Jackson Atlanta Mock Trial Championship! International Airport. Athens, “The Classic City,” is a beautiful southern college town and will be a perfect setting for crowning the 2019 National Champion.

VOLUNTEER DONATE > With about 46 teams coming in from all > Our fundraising goal is $200,000. over the country, we will need a lot of help > Sponsorship opportunities are available to make the 2019 Nationals a success. at varying financial levels. > We need lawyers, legal professionals > Donations are tax-deductable if made and community members to serve in a through the State Bar of Georgia variety of roles, including 368 spots on Foundation. judging panels.

2019NHSMTC.indd 1 8/6/2018 11:35:57 AM GBJ | From the Executive Director

William Alexander: Low in Profile, High in Accomplishment

During the Civil Rights Movement of attorney in a 1964 federal lawsuit, Willis v. the 1960s, a number of African-American Pickrick Restaurant, against an Atlanta eat- attorneys in Georgia rose to national ery and its owner, the segregationist future prominence. Donald L. Hollowell and governor of Georgia, Lester Maddox, who Horace T. Ward of Atlanta, C.B. King of refused service to African-Americans. Albany and John H. Ruffin Jr. of Augusta Alexander’s team included more were among those in the public spotlight, famous lawyers such as Constance Baker JEFF DAVIS taking the fight to the courthouse for Motley of New York and Burke Marshall equal access to education, public accom- of Washington, D.C. They brought the Executive Director modations and basic constitutional rights. suit on behalf of three African-American State Bar of Georgia Another name that might be harder to ministers who were denied service by [email protected] find in the history books but is no less icon- Maddox on July 4, 1964, two days after ic as a Georgia civil rights lawyer is that enactment of the Civil Rights Act. A gun- of William H. Alexander, who fearlessly brandishing Maddox reportedly chased challenged segregation and discrimination the ministers out of the restaurant and This is the fourth in as an attorney in the 1950s and 1960s and was accompanied by several of his white a series of articles later as a state legislator and judge in Ful- customers who threatened the ministers highlighting the ton County’s State and Superior Courts. with axe handles. heroic and vital Alexander was born in Macon and According to the University of contributions lawyers graduated from Fort Valley State Uni- Georgia Libraries’ Civil Rights Digital and judges have made versity in 1954. Returning from service in Library, Maddox was one of two Atlanta to the American Civil the Korean War, he was unable to attend business owners who had captured Rights Movement. Georgia’s segregated law schools, so he national attention by refusing to comply matriculated at the University of Michi- with the Civil Rights Act. Maddox gan Law School, earning a J.D. degree, and Moreton Rolleston, owner of the and then Georgetown University Law Heart of Atlanta Motel, had also sued School, earning an L.L.M. degree. to challenge the constitutionality of He began his law practice in Atlanta Section II of the Civil Rights Act, barring and, in his highest profile case, was the lead segregation in all public accommodations

14 GEORGIA BAR JOURNAL PHOTO PROVIDED BY FORT VALLEY STATE UNIVERSITY STATE BY FORT VALLEY PHOTO PROVIDED Judge William Alexander “was a judge’s judge—very meticulous, thoughtful and detail oriented,” according to his former law clerk, Court of Appeals of Georgia Presiding Judge M. Yvette Miller. “He was undeterred in his quest for justice.” on the basis that the practice inhibited to the Georgia House of Representatives. the interstate movements of people and Among the first African-Americans to products. Willis v. Pickrick was the first serve as legislators following passage of case brought under Section II. the Voting Rights Act, Alexander was The Pickrick and Heart of Atlanta cas- known for his work behind the scenes to es were paired and tried before a three- tackle difficult issues. As he had done in judge panel in Atlanta, including Fifth his law practice, he ceded the spotlight to U.S. Circuit Court of Appeals Chief Judge fellow legislators, including Julian Bond. Elbert Tuttle, which upheld the law and “I observed how Bill, in his deliberate ordered both men to admit black patrons way, could explain complex issues and within 20 days. “That victory,” according make them understandable,” Bond said to a Fort Valley State University alumni of Alexander in the Atlanta Journal-Con- spotlight article on Alexander, “set the stitution obituary for Alexander published precedent for the desegregation of all in 2003. “Bill was very principled and se- restaurants in the state.” rious, not at all susceptible to the blan- Maddox’s decision to close the Pickrick rather than submit to integration earned him notoriety and support among civil rights opponents and helped pave the way to his 1966 election as governor, which was decided by the Georgia General As- sembly after neither he nor Republican Among the first African-Americans to serve Bo Callaway received a majority of the as legislators following passage of the Voting popular vote in the General Election. Meanwhile, Rolleston appealed his deci- Rights Act, Alexander was known for his work sion to the Supreme Court, which unani- behind the scenes to tackle difficult issues. mously upheld the lower court’s decision. The same year that Maddox was chosen as governor, Alexander was elected

2019 FEBRUARY 15 “He was the best organized and most accomplished person in the law I ever knew.”—Horace T. Ward (1927-2016)

dishments of special interests. He never Marshall, but he was someone who knew of that clerkship that started me on my raised his voice, but when he spoke, all his Thurgood Marshall and was well thought career. It gave me some really good men- colleagues listened.” of by him.” torship that meant an awful lot then and Alexander represented Fulton County Miller’s mother and father had been still now. He was well thought of by his in the House until 1975. Then he served contemporaries of Alexander during his colleagues, but he was always on to the as a judge for 20 years, first in the Fulton years as a student at Fort Valley State Uni- next project. As his law clerk, I was too. County State Court and later in the versity. She has a special appreciation for We stayed busy. I am proud of my work Fulton County Superior Court until his their commitment to education during for him, and my association with him. He retirement in 1996. a time when colleges and universities in was first class.” In the early 1980s, Alexander hired the South were segregated, saying, “They William H. Alexander died Aug. 17, as his law clerk a young attorney from were all about trying to better themselves 2003, at the age of 72 in Indianapolis, his hometown of Macon, one M. Yvette because they knew the plight of African- Indiana, where his daughter lived. In the Miller, who in 2009 would become the Americans, which required them to do AJC’s obituary published that week, At- first African-American woman sworn in their best and make a positive difference lanta lawyer Kirkland A. McGhee recalled as chief judge of the Court of Appeals of in society.” the judge’s kind and dignified manner in Georgia. Miller, who continues to serve After leaving her post as Alexander’s which he dealt with a young counselor. as a presiding judge on the Court of Ap- law clerk, Miller’s career in the legal pro- “I will always hold a special place in peals, recalls Alexander as a special men- fession and justice system took a meteoric my heart for Judge Alexander,” McGhee tor whose exemplary professional style rise. She worked as an assistant district said. “The very first presentation I made was instrumental in preparing her for a attorney in Fulton County, as senior in- in court was before him. I got tongue- judicial career. house counsel with MARTA, in private tied and could hardly speak. The judge, “He was a judge’s judge—very me- practice in Jesup, as director/judge of the recognizing my nervousness, laid out ticulous, thoughtful and detail oriented,” Appellate Division of the State Board of my argument for me from my brief. Miller said in an interview for this article. Workers’ Compensation, and—follow- Then he asked me to be seated, merci- “I learned an awful lot observing him in ing in Alexander’s footsteps—as a Ful- fully ending my embarrassment. I even the courtroom. He was always on point ton County State Court judge before her won the motion! I laugh at the experi- with the law and also very fair. He was appointment to the Court of Appeals in ence now but remain thankful that he an even-handed person and was not easily 1999. She credits her time with Alexander helped a rookie lawyer get through his excited. He did not get overruled during as a strong influence on her career. first hearing.” my tenure with him on the court.” “He prepared me so well for my career Perhaps the simplest and greatest tribute Miller said Alexander spoke to her only in the judiciary, although at the time I had to Judge Alexander came from Horace T. briefly about his previous work as a civil no idea I would rise to the judiciary,” she Ward (1927-2016) in that same obituary. rights lawyer, or about the Lester Maddox said. “It was that methodical approach Ward, who in 1950 became the first case in particular. Simply, she said, “He of his. On a motions calendar, we might African-American to apply for admission felt like people should do the right thing, have 10-15 cases a day. During a recess, to the University of Georgia Law School and the law should be enforced. He was he would hand me those cases and have and later served as a U.S. District Court undeterred in his quest for justice.” She me write a legal memorandum on how he judge, said of Alexander: “He was the best said his demeanor, which steered toward should rule on the motions. It was chal- organized and most accomplished person focusing on the task at hand and away lenging but interesting, and it became eas- in the law I ever knew.” l from calling attention to himself, served ier over time. Some cases would take me him well as a lawyer, legislator and judge. longer, and I would find out later he had Thanks to Linton Johnson, media consul- “Judge Alexander had such a low-key already ruled on the case. That crushed tant to the Bar, for his assistance in research- personality,” Miller said. “He was not a me, but as his assistants explained, he ing and drafting this article. These articles are grandstander. He was very articulate, would have let me know if he disagreed in support of the Arc of Justice Institute and its but he was not going to be forceful in with my recommendation. It was good Hidden Legal Figures project. For more infor- that articulation. He was not a Thurgood training for me. I am very appreciative mation, visit onthearc.net.

16 GEORGIA BAR JOURNAL 2019 FEBRUARY 17

GBJ | The Legal

A Guide to Disqualification Under Georgia Rules of Professional Conduct 1.6, 1.7 and 1.9

Few guidelines describe the mechanics for disqualification under Georgia law, what factors and relevant case law the practitioner should consider, and the ultimate benefits and potential drawbacks of filing a motion to disqualify. This article attempts to briefly address these issues while simultaneously walking you through this seldom-discussed but ubiquitous occurrence with a carefully selected case study. BY TAREK ABDEL-ALEEM AND YUSSUF A. ALEEM

In 2010, State Bar of Georgia General confidential information to the attorney Counsel Paula Frederick published a short pertaining to the nature of his business article in the Georgia Bar Journal advising relationships with others, relevant work readers that a two-minute phone call with experience, personal and business back- a potential client may constitute a conflict ground, clientele, business and personal and grounds for immediate withdrawal in finances. Your client received a retainer a pending legal matter.1 Few guidelines agreement as well as escrow instructions describe the mechanics for disqualifica- for wiring the retainer via email. For vari- tion under Georgia law, what factors and ous reasons, he never retained that lawyer. relevant case law the practitioner should A few years later, your client gives a consider, and the ultimate benefits and deposition in a different matter only to potential drawbacks of filing a motion to find himself across from that very same disqualify. This article attempts to briefly lawyer he consulted with, in a breach address these issues while simultaneously of contract case in which your client is walking you through this seldom-dis- the plaintiff. Halfway through the de- cussed but ubiquitous occurrence with a position, your client informs you that carefully selected case study. he consulted with opposing counsel years ago and that she is questioning him about information she obtained in Hypothetical confidence. He feels very uncomfortable Assume, as in the Frederick hypotheti- in the proceeding. Your client does not cal, that your client called an attorney and want to proceed with the deposition. spoke to her during an initial consulta- Quickly, you suspend the deposition and tion for approximately one hour. During ask opposing counsel to withdraw. Unsur-

GETTYIMAGES.COM/ULFWITTROCK this consultation, your client divulged prisingly, she emphatically denies your re-

2019 FEBRUARY 19 quest and threatens sanctions if you do not ed the motion for disqualification, find- proceed with the deposition. Your client, ing no prejudice to the opposing party flush in the face and antsy, turns to you for because discovery was not yet complete.4 advice. What do you do? As set forth be- In the instant hypothethical, assume low, you should file a motion to disqualify. approximately 12 months has passed since opposing counsel entered her appearance on the case but your client raised the is- Timeliness sue of disqualification on the same day Under Georgia law, a motion to disqualify during the deposition, after hearing op- should be made with “reasonable prompt- posing counsel’s voice for the first time ness” after a party discovers the facts that since the initial phone consultation. Here, lead to the motion. Four factors are deter- the fact that you immediately alerted both minative of this issue: the court and the opposing counsel to the (1) the length of the delay in light of conflict the same day and filed a motion the circumstances of the particular in less than a week would appear to be case, inclusive of when the movant timely. Importantly, the focus should be learned of the conflict; on when the conflict was discovered. (2) whether the movant was represented by counsel during the delay; Applicable Rules of (3) why the delay occurred; and Professional Conduct (4) whether disqualification would After exploring the issue of timeliness, the result in prejudice to the nonmov- court must consider the potential prejudice ing party.2 to the opposing party if the court were to grant the motion for disqualification.5 Failure to file a motion to disqualify When considering an adverse counsel with reasonable promptness may re- or party’s motion for disqualification on sult in a waiver of the right to oppose the basis of a conflict of interest between continued representation.3 clients, a Georgia court will consider the In Shuttleworth, the litigant seeking adverse party’s essential right to counsel,6 to disqualify the attorney waited eleven the immediate adverse effect,7 the time months after the entry of the attorney and expense of requiring that party to into the case and waited an additional obtain new counsel,8 and whether there seven months before seeking disqualifica- is a violation of the rules which is “suffi- tion, despite knowing of the involvement ciently severe to call in question the fair of the opposing counsel prior to the suit and efficient administration of justice.”9 being filed. The court nonetheless grant- Furthermore, the court explains, “disqualification of chosen counsel should be seen as an extraordinary remedy and should be granted sparingly.”10 Furthermore, Rule 1.6 (a) states: (a) A lawyer shall maintain in confi- Failure to file a motion to disqualify with dence all information gained in the reasonable promptness may result in a waiver professional relationship with a client, including information which the client of the right to oppose continued representation. has requested to be held inviolate or the disclosure of which would be embarrassing or would likely be detrimental to the client, unless the client gives informed consent, except for disclo- sures that are impliedly authorized in order to carry out the representation, or are required by these rules or other law, or by order of the court.

20 GEORGIA BAR JOURNAL Rule 1.7 (a) states: (a) A lawyer shall not represent or

continue to represent a client if there BLC CONSULTING, LLC. is a significant risk that the lawyer’s Betty Riner, ACNS-BC, APRN own interests or the lawyer’s duties (912) 667-2130 phone to another client, a former client, or (912) 898-2401 fax a third person will materially and [email protected] adversely affect the representation of Advanced Practice Clinical Nurse Specialist to review your client’s medical chart for: • Negligence • Failure to adhere to monitoring • Failure to adhere to CMS, the client, except as permitted in (b). parameters The Joint Commission, and • Failure to monitor before, other regulatory guidelines during, or after procedures • Failure to follow through with Rules 1.6 (a) and 1.6 (b) “require[] labs, procedures, medications • Failure to recognize early • Failure to adhere to best warning signs of practice guidelines and • Failure to adhere to state complications in patient a lawyer to maintain in confidence organizational policies practice laws all information gained in the profes- condition sional relationship with a client unless Accepting both plaintiff and defendant cases. the client consents to disclosure after (c) A lawyer who has formerly repre- pear on the new breach of contract mat- consultation.”11 Rule 1.6 (e) states that the sented a client in a matter or whose ter; (2) opposing counsel’s client’s inter- duty of confidentiality survives the termi- present or former firm has formerly est appears adverse because her client is nation of the client-lawyer relationship.12 represented a client in a matter shall a defendant in the new matter and your Although the former client may waive not thereafter: client is the plaintiff; and (3) your client a conflict after the attorney obtains in- revealed confidences to opposing counsel formed consent, in the instant hypotheti- (1) . . . use information relating to regarding the same or similar issues as in cal, opposing counsel neither sought nor the representation to the disadvan- the new breach of contract matter. obtained informed consent from your tage of the former client except as client. Moreover, though the attorney- Rule 1.6 or Rule 3.3 would permit or require with respect to a cli- client relationship terminated when your Materiality client did not accept the retainer arrange- ent, or when the information has As mentioned above, you must prove that ment with opposing counsel, the duty of become generally known; or the interests of your client and the defen- confidentiality survived that termination. (2) . . . reveal information relat- dants represented by opposing counsel are Rule 1.9 governs the rule on successive ing to the representation except as materially adverse.15 In this hypothetical, representation, stating, in part: Rule 1.6 or Rule 3.3 would permit the fact that your client is in court and su- or require with respect to a client. (a) A lawyer who has formerly ing the defendant for breach of contract represented a client in a matter shall Additionally, and as applicable in this clearly demonstrates that the interests of not thereafter represent another scenario, the provisions of Rule 1.7 apply the defendant and your client are materi- person in the same or a substantially to prospective clients as well as to current ally adverse. Under Georgia law, you will related matter in which that person’s clients.13 The same is true of Rule 1.9: also have to show the information ob- interests are materially adverse to the tained by opposing counsel is material to interests of the former client unless Information gained in the profession- the pending litigation.16 As a practical mat- the former gives informed consent, al relationship includes information ter, to show materiality you must ascertain confirmed in writing. gained from a person (prospective cli- what financial and personal information (b) A lawyer shall not knowingly ent) who discusses the possibility of your client communicated to opposing represent a person in the same or a forming a client-lawyer relationship counsel during the phone consultation that substantially related matter in which with respect to a matter. Even when the opposing counsel then used against the a firm with which the lawyer for- no client-lawyer relationship ensues, client in the subsequent litigation, and how merly was associated had previously the restrictions and exceptions of it is material to the existing matter. represented a client: these rules as to use or revelation of To prove that the information divulged the information apply, e.g., Rules 1.9 is material to the pending litigation, you (1) . . . whose interests are materi- 14 ally adverse to that person; and and 1.10. could examine the complaint which was filed in the first suit or other documents (2) . . . about whom the lawyer had Applying the above rules, in this hy- such as a demand letter, or any deposi- acquired information protected by pothetical you can make a persuasive tions. At length, we recommend pulling Rules 1.6 and 1.9 (c), that is mate- argument that: (1) your client was op- both case files and obtaining affidavits rial to the matter; unless the for- posing counsel’s prospective client who from your client and witnesses to show mer client gives informed consent, was never asked for informed consent by materiality. If your client’s business struc- confirmed in writing. opposing counsel such that she could ap- ture, finances and clients were center to

2019 FEBRUARY 21 the first case as outlined in the complaint Calling a Lawyer as a Witness breaches this duty [to decline successive and then resurfaced years later in the sec- in a Pending Case is Disfavored representation] by taking a second client ond matter, a good faith argument can be Rule 3.7 states: if his independent judgment may rea- made that the information divulged was (a) A lawyer shall not act as advocate at sonably be affected; ‘there is no require- 22 material to the pending litigation. a trial in which the lawyer is likely to ment of actual harm.’” As in Humphrey, It is a long-standing principle that an be a necessary witness except where: if opposing counsel, like the prosecutor, attorney cannot use his client’s confi- would be a fact witness in the pending dences against him: “Of course, it is well (1) the testimony relates to an case, even if there weren’t any actual settled, and based upon the very high- uncontested issue; harm, she should be disqualified if she est ethical principles, that an attorney (2) the testimony relates to the served as counsel in both cases. who acquires knowledge of the affairs of nature and value of legal services another pending the relationship of at- rendered in the case; or torney and client between them cannot (3) disqualification of the lawyer Conclusion use such knowledge afterwards to the would work substantial hardship The facts in this hypothetical warrant a detriment of his former client, and that on the client. motion to disqualify as to the opposing an attorney who has been on one side counsel and members of her firm.23 How- (b) A lawyer may act as advocate in a of litigation will not be allowed to take ever, you should always advise your cli- trial in which another lawyer in the a position in subsequent cases where the ents that these motions are only granted lawyer’s firm is likely to be called as a knowledge derived from his former cli- under extreme circumstances and discuss witness unless precluded from doing ent might be used to the prejudice of such the ultimate advantages that disqualifica- so by Rule 1.7 or Rule 1.9. client.”17 In this case, if opposing counsel tion may yield. To prevail, you may have has used your client’s financial informa- Applying Rule 3.7 to the instant case, to file a lengthy brief, with numerous tion and business relationships for the the fact that your client revealed infor- documents and affidavits exhibited there- aid of her client in the new matter, to the mation to opposing counsel during the to, and appear on behalf of your client at a detriment of your client, you will likely phone consultation that is relevant to the lengthy fact-intensive hearing. Therefore, succeed in proving materiality. You can pending breach of contract matter means you should discuss the costs associated show the court that based on the phone that she would likely be subject to a depo- with disqualification versus the potential call, opposing counsel knew what to look sition or subpoenaed as a witness at trial. gains in detail with your client. for in discovery in the pending breach of To bolster your motion to disqualify, Bear in mind, if the nature of the infor- contract matter. Put differently, you sus- you should cite to this occurrence in rela- mation was very personal and confiden- pended the deposition because opposing tion to Rule 3.7 and explain why the case tial, the client will probably instruct you counsel knows on which subjects to push should not continue with opposing coun- to file a motion to disqualify even if it’s harder in discovery because she has inside sel serving as both an advocate and a trial an expensive endeavor and of marginal information. This alone creates an unfair witness. In Humphrey v. State,19 the Court tactical advantage in the litigation. Either advantage to the former client sufficient of Appeals held that the trial court should way, the lawyer cannot take lightly his to warrant disqualification. have disqualified a prosecutor from pros- client’s strong psychological aversion to You must show the court there is a ecuting Humphrey for a DUI charge be- prosecuting or defending his or her rights substantial risk that the confidential in- cause his law partner at his prior firm against a lawyer who knows their intima- formation obtained by opposing counsel had represented Humphrey in a divorce cies; this is why the rules were created. l will materially advance18 the other par- proceeding. One issue in the divorce pro- ties in the pending matter. As alluded to ceeding was Humphrey’s alleged drink- above, this analysis will be case-specific ing habits.20 Because Humphrey’s drink- Tarek Abdel-aleem is a and will rely heavily on documents and ing habits were arguably relevant to the member of Joseph, Aleem & testimony. However, in this case, to pre- prosecution of the DUI charge, the Court Slowik, LLC, and a graduate vail on the material advancement prong, of Appeals held that the trial court should of the University of California, Berkeley, and you should demonstrate to the court that have disqualified the prosecutor because studied law at the University of your client revealed his corporate struc- the matters were “substantially related” California, Davis and the Boston ture, billing mechanics, strategies, finan- even though there was no direct evidence University School of Law. He clerked cial performance of the company and the that the former partners had communi- for the First Circuit Court of Appeals. In business origination strategies during the cated about Humphrey.21 2013, he obtained the largest consultation, which opposing counsel Significantly, it was never alleged that workplace negligence jury verdict in then used to materially advance the posi- the prosecutor used the information the state of Georgia. He is the author tion of her clients in the new breach of known by his law partner because such of “The American Bar Association’s contract matter. allegations are not necessary. “A lawyer Guide to Establishing a Motor Vehicle Accident Practice,” and has authored

22 GEORGIA BAR JOURNAL the ABA’s “Guide to Commercial and another client, a former client, or a third or retained in some small matter, or Trucking Accident Law,” which is person will materially adversely affect by some casual prior employment, he expected to be released later this year. the representation of the client, except as has disqualified himself from taking permitted in (b).”). employment in subsequent matters Yussuf A. Aleem is a 7. Id., quoting Reese v. Ga. Power Co., 191 of importance; yet such is a part of a graduate of Harvard Law Ga. App. 125, 127, 381 S.E.2d 110 (1989) lawyer’s life.”). School and member at (“disqualification has an immediate 14. Georgia Rule of Professional Conduct Joseph, Aleem & Slowik, adverse effect on the client by separating 1.6, Comment [4A]. LLC, where he focuses on him from counsel of his choice, and . . . 15. Georgia Rule of Professional Conduct health care fraud and abuse defense inevitably cause[s] delay.”). 1.7 (a), 1.9. and commercial litigation. Aleem is 8. Id., quoting Bergeron v. Mackler, 623 16. Georgia Rule of Professional Conduct the author of “Small Law Big Success” A.2d 489, 493 (Conn. 1993) (“a client 1.9 (b) (2) (“A lawyer shall not knowingly (Edward Elgar Publishing) and whose attorney is disqualified may suffer represent a person in the same or a “Aleem’s Guide to Healthcare the loss of time and money in finding substantially related matter in which a firm Compliance” (Forthcoming, Edward new counsel and may lose the benefit with which the lawyer formerly was Elgar Publishing). of its long-time counsel’s specialized associated had previously represented a knowledge of its operations.”). client . . . about whom the lawyer had 9. Id. at 463, citing In re Betty G. Robinson, acquired information protected by Rules Endnotes 90 S.W.3d 921, 925 (Tex. App. 2002), 1.6 and 1.9 (c), that is material to the matter 1. Paula Frederick, Potential Client on Line Meehan v. Antonino, 2002 WL .” (emphasis added). 31559712 (Conn. Super. Ct. 2002) 17. Johnson v. Morris, 27 Ga. App. 463, 108 One, 15:6 Ga. Bar J. 52 (2010). 2. Shuttleworth v. Rankin-Shuttleworth (unpub. op.), and Anderson Trucking S.E. 810, 811 (1921). of Ga., LLC, 328 Ga. App. 593, 596, 759 Serv., Inc. v. Gibson, 884 So. 2d 1046 18. Comment 3 to Georgia Rule of S.E.2d 873, 877 (2014), citing Rescigno (Fla. Dist. Ct. App. 2004). Professional Conduct 1.9, states, in part: Id v. Vesali, 306 Ga. App. 610, 613, 703 10. . at 462, citing Anderson Trucking “Matters are “substantially related” S.E.2d 65 (2010). Serv., Inc. v. Gibson, 884 So. 2d 1046, for purposes of this Rule if . . . there 3. Zelda Enters., LLLP v. Guarino, 343 Ga. 1049 (Fla. Dist. Ct. App. 2004) (“Because otherwise is a substantial risk that App 250, 253-54, 806 S.E.2d 211, 214 of the right involved and the hardships confidential information as would (2017). brought about, disqualification of normally have been obtained in the 4. Id. chosen counsel should be seen as an prior representation would materially 5. Id. extraordinary remedy and should be advance the client’s position in the 6. Bernocchi v. Forcucci, 279 Ga. 460, granted sparingly.”). subsequent matter.” 462, 462 614 S.E.2d 775, 778 (2005), 11. In the Matter of Margrett A. Skinner, 292 19. 244 Ga. App. 808, 537 S.E.2d 95 (2000). Id quoting Blumenfeld v. Borenstein, 247 Ga. 640, 641, 740 S.E.2d 171, 172 (2013) 20. . at 810. Id Ga. 406, 408, 276 S.E.2d 607 (1981) (“the (after client terminated the attorney-client 21. . at 810, 811-12. Id right to counsel is an important interest relationship and posted negative reviews of 22. . at 810, quoting In re: Allison, 267 Ga. which requires that any curtailment of attorney on consumer websites, attorney 638, 645 n. 13, 481 S.E.2d 211 (1997). the client’s right to counsel of choice responded with internet posts containing 23. Georgia Rule of Professional Conduct be approached with great caution.”). personal and confidential information 1.10 (a), “Imputed Disqualification,” states Bernocchi involves conflicts arising about the client acquired during the in part: “While lawyers are associated from the simultaneous representation of attorney-client relationship). in a firm, none of them shall knowingly Id clients, but the analysis is the same under 12. . represent a client when any one of them See, e.g. Georgia Rule of Professional Conduct 13. , Tilley v. King, 190 Ga. 421, practicing alone would be prohibited 1.7 (a) (“A lawyer shall not represent or 9 S.E.2d 670 (1940) (“We realize that from doing so by Rule 1.7: Conflict of continue to represent a client if there under the rule laid down an attorney Interest: General Rule, 1.8 (c): Conflict is a significant risk that the lawyer’s will sometimes find, as most of us have, of Interest: Prohibited Transactions, 1.9: own interests or the lawyer’s duties to that by reason of having been employed Former Client or 2.2: Intermediary.” VISIT GABAR.ORG For up-to-date information on committees, members, courts and rules.

2019 FEBRUARY 23 GBJ | Feature

Mentors Share Expertise for Bar Exam Success

In an effort to buck the trend of law school graduates passing the Georgia Bar Examination being on the decline throughout the current decade, Mercer University’s Walter F. George School of Law has, throughout the period of declining scores, offered recent law school graduates identified by their class standing and other factors as “at risk” an innovative mentoring program to help them succeed on the test. BY LINTON JOHNSON

Reflecting a national trend, the per- centage of law school graduates passing the Georgia Bar Examination has been on the decline throughout the current decade. According to the state Office of Bar Admissions, Georgia’s overall pass rate for the July 2018 exam was 61.2 percent, as compared to 79.7 percent just six years earlier. For first-time takers of the exam, the result had dropped from 85.3 percent to 72.9 percent over the same period. In an effort to buck the trend, Mercer University’s Walter F. George School of Law has, throughout the period of declining scores, offered recent law school graduates identified by their class standing and other factors as “at risk” an innovative mentoring program to help them succeed on the test. The sessions are conducted on cam- pus, free of charge, under the volunteer leadership of two Mercer Law alumni and longtime adjunct professors, Macon

(Left to right) Hon. Marc T. Treadwell, Dean Cathy Cox and Manley F. Brown

PHOTO BY LINTON JOHNSON

24 GEORGIA BAR JOURNAL attorney Manley F. Brown of O’Neal & Brown P.C. and U.S. District Court Judge Marc T. Treadwell of the Middle District of Georgia, and a host of experienced Bar members. Before organizing the program, Brown had been mentoring individual students on an informal basis. “Mercer, every once in a while, would call me when they had In the program’s formative years, Brown somebody who they felt like would have difficulty passing the bar,” he said. “They said “seven or eight” students would attend would usually send them to me. One was the sessions at his office over two evenings. a clerk for a judge. She just couldn’t pass the Bar. So they said, ‘Please, will you help “On the second night, we took them to a us out?’ It was then that I realized the val- nice restaurant and had a real nice dinner, ue of one-on-one coaching.” ” A longtime examiner for the Office of he recalled. “They got to talk to us, which Bar Admissions, Brown recalls traveling really uplifted them. Before, they might have to Chicago with then-Justice George H. Carley of the Supreme Court of Georgia felt like, ‘We’re at the bottom of the class; for an annual meeting of the National nobody cares.’ The fact that someone was Conference of Bar Examiners. “At one of those sessions, a young lawyer from Chi- now helping them I think had a remarkable cago came to talk to us about something impact on them. called the Chicago Project. They had a ” problem, which had been sort of aggre- gating; some students in Chicago, for whatever reason, were not able to pass the bar.” The Chicago Project recruited veteran lawyers to coach the students who had difficulty passing the exam. “They had re- rate and he was seeking ideas for how to markable success,” Brown said. “And they improve it. eventually started passing everybody. But “I called him and said, ‘I have an idea the remarkable thing he said about it, about that,’” Brown said. “We talked, and which touched me about it, was the emo- he was very excited about it. He said, ‘I tional support the kids got from someone assure you we will do it.’ I give Gary full taking an interest in them. He thought credit for that. He got really energetic that was worth more than the actual and interested in it. He could see what coaching, teaching them how to write was beginning to develop. That’s how we and that kind of thing. His point was, if got started. I talked with Marc about it, you’re in the bottom of the class, and you and he was all in to trying to do it. We don’t pass, you’re some kind of outcast. A recruited a lot of people who have helped lot of times, people abandon you. Some of us with this.” these were forgotten students, and he said In the program’s formative years, it was an uplifting thing for them.” Brown said “seven or eight” students Brown remembered what he had heard would attend the sessions at his office in Chicago when, years later, he received over two evenings. “On the second night, a group email from Gary J. Simson, who we took them to a nice restaurant and had at the time was the dean of Mercer Law a real nice dinner,” he recalled. “They got and is still on the faculty as a professor to talk to us, which really uplifted them. and Macon Chair in Law. The gist of Sim- Before, they might have felt like, ‘We’re at son’s message was that Mercer, like law the bottom of the class; nobody cares.’ The schools across the nation, was seeing a fact that someone was now helping them I decline in its graduates’ bar exam passage think had a remarkable impact on them.”

2019 FEBRUARY 25 Treadwell said a key to the program’s success has been an emphasis on the bar exam’s essay questions. “Both the Georgia essay questions and now the MPT (Multistate Performance Test) are written by lawyers and graded by lawyers,” he said. “Consequently, what they’re looking for is a lawyer-like response to these questions.”

As the number of students grew over solution or the answer they have reached “Nobody charges them for this re- the years, the sessions moved to class- to the problem. That’s all the bar exam is. source,” Cox said. “They could do all their rooms at the law school. “It’s worked They’re testing whether you can analyze Bar prep online all by themselves, which pretty well,” Brown said. “We haven’t a situation, come up with the answer and sounds great and is convenient. But how personally tried to keep any statistics, and whether you can effectively communicate much do they really do when they’re do- we are normally working with students the answer that you have found.” ing it at home, all by themselves? To come who were at risk, as selected by the fac- Each participant receives a set of writ- to the law school, face to face, with Man- ulty. Even with that, we have been passing tips for answering the essay questions, ley, Judge Treadwell and these other law- ing about 70 to 80 percent of the ones we in which they are urged to “stick to the yers and judges, many of whom have been are working with.” call” of the question and “be concise, use actual Bar examiners, is a world-class re- Treadwell said a key to the program’s direct language, short, direct, simple sen- source to prepare for the bar and get live success has been an emphasis on the bar tences.” Brown said, “The writing is very feedback on your writing and preparation exam’s essay questions. “Both the Georgia important. Bar examiners get tired. Most that just is unparalleled for our students.” essay questions and now the MPT (Mul- of the Bar examiners work all day and try Both Brown, who taught Trial Advoca- tistate Performance Test) are written by to grade papers at night or on weekends. cy at Mercer for 44 years, and Treadwell, lawyers and graded by lawyers,” he said. They want to pick up a paper that’s easy who is in his 20th year of teaching Geor- “Consequently, what they’re looking for to read. If it’s well written, you can grade gia Civil Practice & Procedure, said while is a lawyer-like response to these ques- the thing in less than 10 minutes. But if the law school graduates preparing to take tions. For example, they have to write to you have to concentrate to find what the the Bar are the beneficiaries of the pro- the point. They’re not going to impress answers are, it’s really hard.” gram, the volunteer lawyers and judges the Bar examiners by discussing a subject The program is conducted twice a year get something out of it as well. that’s not raised by the question. It may prior to the February and July Bar exam “The mentors really have had a good show they know something about that dates. The session runs from approxi- time,” Brown said. “It’s enjoyable and sort subject, but again, the Bar examiner is mately 4 to 7 p.m. each of two days. After of a labor of love. It’s not drudgery, and looking at this like a lawyer or a judge, a preliminary discussion of the writing you’re helping them at the same time.” and he or she is looking for a concise, to- tips, participants answer an essay ques- Treadwell added, “I want to emphasize the-point, analytical answer to the question (a Georgia question one day and an just how rewarding it is, not just for the tion that has been posed. MPT question the other). The volunteer students but also for the mentors. As “We really try to get the students to ap- mentors then go over the answers with we’ve gotten older and had younger men- proach this the way a lawyer approaches the participants, point out deficiencies and tors come in, I’ve noticed that they really any issue he or she is facing,” Treadwell recommend improvements. There is also get a lot out of it.” added. “We like to tell them this: no mat- a group discussion about each question. Over the years, Brown and Treadwell ter what their specialty is, lawyers es- The most recent mentoring session have been joined as mentors by former sentially do two things: they figure out drew 27 participants, 22 of whom passed Supreme Court Justice Hardy Gregory, an answer to a problem, whether they’re the Bar. Cathy Cox, the current Mercer Rusty Simpson, Mary Katz, Virgil Ad- drafting a contract or writing a brief or Law dean, calls it “an extra bonus for stu- ams, Judge Tommy Day Wilcox, Stuart whatever it may be, they analyze the prob- dents,” who otherwise might have to rely Walker, James Bantor, Amble Johnson, lem, and they figure out an answer to the on commercial bar preparation courses, Bo Brown, Anna Stangle, Beth Manley, problem; and then they communicate the including online options. Judge Charles H. Weigle, Judge Verda M.

26 GEORGIA BAR JOURNAL Colvin, Christy Curreli, Tom Shaw, Mo- ses Tincher, Warren Plowden and Rob- ert M. Matson. Mercer Law staff members Margaret “Peg” McCann and Evelyn Lopater, along with Mary Donovan, who was at the law school for many years and is now starting a mediation practice in Macon, also deserve a good deal of credit, Brown said. “They dealt with the selection of students to participate,” he said, “selecting the questions and model answers and many other time consuming administrative chores, as well as constant encouragement of the student participants.” Brown said the participants need that encouragement throughout their bar exam preparation process, especially those doing so while simultaneously BY KING & SPALDING PHOTO PROVIDED working at law firms. Richard A. “Doc” Schneider “A lot of the lawyers have no sympathy for these students taking the bar,” he said. program in the future. “It’s a nice partner- alty from their alumni that we have from “If you want to pass the bar, you’ve got to ship between practicing lawyers and law these two gentlemen,” Cox said. “When get up at 8 o’clock in the morning and you students at Mercer,” Schneider said. “We you combine the decades they’ve given to have to study all day. But some lawyers wanted to provide the same mentoring teaching as adjuncts and then coming back have people who have been working for opportunity here that had been offered to do this course—for really no compen- them during law school and are just Dra- in Macon.” sation, just a love for the law, a commit- conian and tell them ‘no you can’t have The mentors Schneider recruited at ment to being good lawyers and to help- any time off.’ It’s shameful they won’t give King & Spalding included Mercer Law ing Mercer Law students—that says more them time off. If you want these people graduates Val Leppert, Billie Pritchard, than anything I could say about what great to pass, give them a chance to study. You Bethany Rezek, Todd Davis, Zach McEn- role models these gentlemen are. can’t work all day and come home and tyre, Paul Quiros, Dwight Davis, Stewart “It’s open to anybody, but we try to study for the bar very effectively. You Haskins and Greg Smith as well as, ac- target more of the at-risk students,” Cox have to study during the day. You need cording to Schneider “graduates of other added. “This past summer, one of the ex- some time to get ready and just to get fine law schools,” including Barry Go- amples they used in the workshop was your mind right. Give them a fair chance heen, Bill Durham, Chad Peterson, Re- almost identical to one of the real ques- to pass the bar.” becca Ojeda, Arthur Fahlbusch and the tions on the Bar exam. Students came in In 2015, the program added a satel- late Simon Rodell. to lunch during the Bar exam and were lite component to accommodate recent Although Mercer Law hosts the men- on cloud nine that they had been through Mercer Law grads who were living toring program, participation is not limit- a very similar hypothetical in the class. or working in the Atlanta area while ed to Mercer students or graduates. “We’ve Manley had no way of knowing that. It preparing to take the bar exam. Judge always been willing to take students in was just the luck of the draw, but it just Treadwell contacted Mercer Law alum- from other schools,” Brown said. “It’s not a shows that the more you get out there nus Richard A. “Doc” Schneider of King closed shop for Mercer. We just happened and study and practice, the odds can be & Spalding LLP and asked him to spear- to be here, and it started out with Mercer with you. We promote it because it’s such head the effort. Schneider was able to students. We can’t take everybody, but we a great resource. Why would you turn recruit a number of his colleagues to can help people as far as we’re able to do it, down something like this?” l serve as mentors, and Rusty Simpson facility-wise with space and having enough traveled from Macon to help lead the people who can help us.” sessions at King & Spalding. Cox expressed her appreciation to Linton Johnson Schneider said the Atlanta sessions, Brown and Treadwell for their leadership Media Consultant which replicated the Macon format, of the program, which she will continue State Bar of Georgia were held annually over a three-year pe- to recommend to Mercer Law students. linton.johnson@ riod, with approximately 20 participants, “I would be shocked to know that any verdictservices.com and he looks forward to continuing the other law schools have the depth of loy-

2019 FEBRUARY 27 GBJ | Feature

Melton’s Mentoring Moments . . . According to “My Cousin Vinny”

The greatest challenge in a mentoring relationship is getting people to listen, really listen. BY MICHELLE E. WEST

Who would have thought that after almost 20 years, “My Cousin Vinny” would continue to have such an impact? This film centers around a murder case defended by Vincent LaGuardia “Vinny” Gambini, an inexperienced lawyer who is the cousin of one of the young defendants. While traveling through rural Ala- bama, the defendants become entangled in a web of misunderstanding and mis- communication. The comedy unfolds in a small southern town as Brooklyn native, Vinny, exhibits through his actions inside and outside of the courtroom, before everyone involved, that he has no prior litigation experience. Indeed this is his first trial. At the beginning of the year, I was afforded the wonderful opportunity to speak with Chief Justice Harold D. Melton concerning his mentoring experiences. With a look of thoughtful contemplation, he expressed that they were somewhat akin to “My Cousin Vinny,” his favorite legal movie. He then asked if I had seen the movie. I had to admit that I had not seen this popular 1990s movie that brought such a reminiscent glow to his face. Im- mediately, I made a mental note to watch

PHOTO PROVIDED BY THE SUPREME COURT OF GEORGIA PHOTO PROVIDED it to establish a clear frame of reference. Chief Justice Harold D. Melton is sworn-in by his mentor, the late Chief Justice P. Harris What followed was an enlightening, Hines, on Sept. 4, 2018. yet practical, conversation on Chief Jus-

28 GEORGIA BAR JOURNAL tice Melton’s Mentoring Moments . . . according to “My Cousin Vinny.” A favorite, yet “telling,” quote from the movie that Chief Justice Melton fondly recalls was the exchange between Vinny and his fiancée Mona Lisa Vito regarding the defense of his newly inherited case: Mona Lisa: “Learn as you go?” You didn’t learn that in law school? Vinny: Nah . . . they teach prec- edents, interpretations . . . you’re supposed to learn procedure from the firm that hires you or you can go to court and watch. Mona Lisa: Have you been doing that? Chief Justice Melton noted that most beginning lawyers are similarly situated when they graduate from law school and are newly admitted to practice. He said that most of the time new lawyers are not aware of the nuts and bolts of practice, the PHOTO BY JODI LEWIS LIPSITZ actual art of practicing. Although Melton Nov. 15, 2018—State Bar of Georgia Transition Into Law Practice Program mentors being was admitted in 1991, he recalls, follow- sworn in at the Mentor Orientation CLE by Hon. Shawn LaGrua. ing his first year of law school, clerking for the late Justice P. Harris Hines and spending much of his time sitting and observing courtroom dynamics. He remembers paying close attention to the in- teractions between lawyers, the judge and courtroom staff. He also witnessed how to recover when a lawyer lost his train of Mentor Oath thought or misplaced an exhibit. His ex- (NOTE: The following oath is based upon the amination of the courtroom activities was oath of an attorney upon admission to the Bar.) his first experience with mentoring. Chief Justice Melton notes that the Transition Into Law Practice Program (TILPP), the State Bar of Georgia’s mentoring program initiated by the Chief Justice’s Commis- “I, , swear or affirm that I will truly sion on Professionalism, seeks to capture these essential experiences through the and honestly, justly and uprightly conduct myself as Mandatory Advocacy Experiences component of its Model Mentoring Plan. a mentor of the State Bar of Georgia Transition Into Chief Justice Melton recalls Hines’ Law Practice Program in accordance with the rules form of intentional mentoring. He remembers Hines always going above and and regulations of the Georgia Supreme Court and the beyond in ensuring that his mentee was doing OK. Chief Justice Melton men- State Bar of Georgia. So help me God.” tioned that it is easy to mentor those that keep in touch, however Hines would reach out to his mentee if he had not heard from him. He would call his mentee to check on him and schedule a time to connect. This nurturing relationship

2019 FEBRUARY 29 was similar to what Vinny described re- Mona Lisa: This could be a sign of GEORGIA BAR garding the encouragement and care he things to come; you win your cases— received from his mentor Judge Malloy. but with “someone else’s help.” Right? JOURNAL You win case after case and then after- Vinny: The whole time the Judge —Judge Malloy—he was smilin’ and wards, you have to go up to someone laughin.’ Afterwards he invited me and say “thank you.” [pause] Oh my to “lunch.” I was so impressed with God—what a . . . nightmare! him—he had this great old Cadillac. Chief Justice Melton remembers a And then he tells me he thinks I’d third experience outside of the legal be a good “litigator.” I didn’t know community where he acted as an infor- what a litigator was. I’d never even mal mentor with Young Life Ministries, thought of being a lawyer. But Judge a worldwide nondenominational Chris- Malloy—he was from Brooklyn too tian organization. He worked with the ur- —he did it, so suddenly it seemed ban school-based program that provided Get possible. I went to law school. He’d youth outreach to Grady High School and help from time to time. Real nice the surrounding neighborhood. It was an Published man, you know? To go out of his organic experience that involved becom- way and do that. He wanted his son ing acquainted with the students and ap- Earn CLE to follow in his footsteps, . . . but he plying specific situational solutions. This became a musician. So when I gradu- opportunity helped him hone the skill of ated, he was so proud of me. employing clear and direct communica- Credit tion with the youth he mentored. Chief Justice Melton’s second most Chief Justice Melton has had many memorable mentoring experience oc- great mentoring opportunities over the curred during his employment with the The Editorial Board of the years. Based on his experiences, he found Attorney General’s Tax Section. The su- Georgia Bar Journal is in regular that the greatest challenge in a mentoring pervisor over the section also became need of scholarly legal relationship is getting people to listen, re- somewhat of a mentor. His experience in articles to print in the Journal. ally listen. Chief Justice Melton considers the attorney general’s office instilled in him the key components of impactful mentor- a greater sense of confidence. He remem- Earn CLE credit, see your ing are remembering why we all went to bers that his supervisor gave him what he name in print and help law school, the notion that we all can do needed and then got out of the way so he the legal community by some good, upholding the professionalism could get his work done. He was encour- submitting an article today! values of treating and valuing others in the aged not to reinvent the wheel but to use same manner we would want for ourselves his resources to assist in the research pro- and, finally, realizing the significance and cess. This meant that, before picking up a strength in our skill set and how it serves book, he should walk down the hall and to assist others with varying issues. TILPP talk to the more experienced lawyers in includes this concept in the Model Men- his section. As alluded to in “My Cousin toring Plan as the program requires the Vinny,” it is unwise to adopt Vinny’s plan mentor and mentee to discuss “A Lawyer’s of attempting to go it alone, as was so ele- Creed” highlighting attorneys’ obligations gantly pointed out by his fiancée in anoth- to others. Submit articles to er one of the movie’s famous exchanges: Sarah I. Coole Chief Justice Melton went on to charac- Director of Communications Mona Lisa: So what’s your problem? terize mentorship as being like discipleship [email protected] | 404-527-8791 I wanted to win my first case 104 Marietta St. NW, Suite 100 Vinny: as it serves to spread awareness of essen- Atlanta, GA 30303 without anybody’s help. tial components of a curriculum, doctrine, Mona Lisa: Well, I guess that plan’s profession and life. However, he really be- moot. lieves that mentoring should be focused in Vinny: Yeah. order to have the greatest value for both 30 GEORGIA BAR JOURNAL the mentor and mentee. Irrespective of a formal or informal pairing, mentors should engage in relational mentorship. The men- A Lawyer’s Creed tor and mentee should discuss why each participant in the mentoring relationship is committed to mentorship. He noted that the goal of mentoring is to be able to look back over the people with whom you have To my clients, I offer faithfulness, competence, diligence, and good shared mentoring experiences and identify judgment. I will strive to represent you as I would want to be represented and to be worthy of your trust. a few whom you have followed throughout their career and brought to a place To the opposing parties and their counsel, I offer fairness, integ- of strength. rity, and civility. I will seek reconciliation and, if we fail, I will Chief Justice Melton’s final tips on strive to make our dispute a dignified one. making memorable mentoring moments To the courts, and other tribunals, and to those who assist them, I are the following: offer respect, candor, and courtesy. I will strive to do honor to the search for justice. Mentors To my colleagues in the practice of law, I offer concern for your welfare. I will strive to make our association a professional friendship. l Show actual interest in your mentee. l Commit to the mentor relationship To the profession, I offer assistance. I will strive to keep our busi- for the long term. ness a profession and our profession a calling in the spirit of public service. l Understand that your mentees will pick up more lessons from To the public and our systems of justice, I offer service. I will observation than lecture. strive to improve the law and our legal system, to make the law and our legal system available to all, and to seek the common good through the representation of my clients. Mentees l Take advantage of the mentoring opportunity. l Show initiative . . . invite your mentor to lunch. l Ask questions about your mentor’s life, and not just the practice. tion, and him reminiscing about his l Do not discount your mentor based mentor, Judge Malloy, changing his life Counseling for Attorneys on your first or second impression; were truly reminiscent of the first years you will be surprised as to what your as a practicing attorney. A focused, in- Depression mentor can offer. tentional mentoring relationship truly Anxiety/Stress adds value to the first year and beyond, After, the opportunity to finally Life Transitions leading to memorable mentoring expe- watch “My Cousin Vinny,” I can now Career Concerns riences that greatly enrich the lives and genuinely relate to why it is one of Couples Counseling careers of new lawyers for a lifetime. l Chief Justice Melton’s favorite legal Relationship Conflicts movies. Although it is a “Hollywood” comedy (filmed in Jasper County, Geor- Michelle E. West Elizabeth Mehlman, J.D., Ph.D. gia), there are lessons woven through- www.AtlantaPsychologist.org Director, Transition Into Law out that could benefit us all. Scenes such Practice Program (404) 874-0937 as Vinny being lectured on procedure, State Bar of Georgia Midtown Atlanta courtroom etiquette and communica- [email protected] 2019 FEBRUARY 31 GBJ | Feature

It is hard to believe that 2018 is over and a new year has begun. Like numer- The State Bar of Georgia ous others, I’ve been thinking about the new year and what I want to accom- Diversity Program Is plish both personally and professionally. After spending a significant portion of Here and Here To Serve 2018 learning about the ins and outs of the Georgia Diversity Program (GDP), speaking with present members, past The State Bar of Georgia Diversity Program has been championing the members, allies and lawyers in the com- cause for a diverse and legal community for more than 26 years. Discover munity about their knowledge and/or more about the program and how it can benefit you and your practice. experience with the GDP, I learned about BY REBECCA CHRISTIAN SMITH the history of GDP, about successful programs and about programs that were not PHOTO PROVIDED BY REBECCA CHRISTIAN SMITH PHOTO PROVIDED Georgia Diversity Program Steering Committee Members at member firm Arnall Golden Gregory, LLP. (Back row, left to right) Charles Huddleston, Michelle Reid, Rebecca Christian Smith, Rick Goerss, Crystal McElrath, James Johnson, Paul Krebs and Chris Cottrell; (front row, left to right) Kathleen Currey and Rhonda Sadler-Collins.

32 GEORGIA BAR JOURNAL as successful as one would have liked. I member organizations serve on GDP’s morning workshop presenter, a panel dis- also learned and continue to learn about Steering Committee. cussion and a luncheon keynote speaker. diversity and inclusion, about the issues that are important to lawyers and about what lawyers would like to see GDP ac- What is the role of the Steering What’s in store for 2019? complish in the future. To my surprise, I Committee? The Steering Committee and GDP’s exec- learned that there are members of the Bar Steering Committee members play a sig- utive director are currently exploring and who either don’t know the role of GDP or nificant leadership role in carrying out planning new programs. There is serious that GDP even exists. As a result, my first the mission of GDP through the pro- interest among the committee and allies to goal for 2019 is to “re”-introduce each and grams produced every year. The Steer- expand the High School Pipeline Program. every Georgia lawyer to the State Bar of ing Committee meets six times per year. We are presently discussing the viability Georgia Diversity Program. Members help to drive content, secure of expanding this program outside of the speakers, sponsor programs and act as metro-Atlanta area. Additionally, we are GDP ambassadors. exploring the opportunity to present a fo- What is the State Bar of rum for diverse women lawyers and their Georgia Diversity Program? allies to discuss how to empower and el- For more than 26 years, the State Bar of What are GDP’s programs? evate diverse women lawyers within their Georgia Diversity Program has champi- Traditionally GDP produces four pro- respective organizations. Lastly, GDP is oned the cause for a diverse and inclu- grams a year. The Business Development given an opportunity to publish articles in sive legal community. Founded in 1993 Symposium occurs in the spring. This the Georgia Bar Journal. This year, the ex- by State Bar Past President Charles T. program provides an opportunity for ecutive director will write articles on sub- Lester Jr. and Hon. Marvin Arrington younger lawyers, senior associates and ju- stantive diversity and inclusion issues. In Sr., their decision to lobby the Bar to nior partners to hear from a diverse panel addition, GDP will reserve three articles to create GDP was bold and set the stan- of seasoned lawyers from across the legal highlight Georgia law firms and organiza- dard. The State Bar of Georgia became spectrum on various topics designed to tions that engage in diversity and inclusion one of the first state bars to embrace provide opportunities for the audience to initiatives within their respective organi- diversity and inclusion by establishing a develop their respective practices, learn zations and for the greater common good. steering committee dedicated to provid- from senior lawyers and network. To have your organization highlighted ing programming on matters involved The High School Pipeline Program is in the Georgia Bar Journal please contact in creating cultures that support diverse a partnership with Atlanta’s John Mar- [email protected]. and inclusive environments in the legal shall Law School and The Leadership In- profession, providing educational op- stitute for Women of Color Attorneys, portunities for members to learn about Inc. The Pipeline Program is GDP’s at- How can I or a firm/organization best practices, and assisting and promot- tempt to introduce 22 high school stu- get involved in GDP? ing diverse lawyers and female lawyers dents to the legal field through daily The best way to learn more about GDP as they rise through the ranks of the writing instruction, mentoring pro- and have all questions answered is to con- profession. At its core, the mission re- grams on different themes including, but tact the executive director or any Steering mains the same: to provide support to, and not limited to, storytelling and presen- Committee member. Additional ways to to promote the inclusion of and advocate for tation techniques, social media etiquette get involved in GDP include attending the advancement of all members of the State and organization skills. The students also events and inviting colleagues, allies, Bar of Georgia regardless of race, national- engage in a writing and oral argument mentors, mentees, sponsors and clients ity, ethnicity, religion, sex, gender identity, competition. Lawyers volunteer to help to attend. Also, consider volunteering sexual orientation, disability or age. prepare the students for the competition. to participate as a panelist, moderator or The Summer Associate Judiciary Re- speaker. Finally, you can get involved by ception is GDP’s third program. For sev- becoming a GDP member or by sponsor- Is GDP a membership eral years Nelson Mullins Riley & Scarbor- ing an event. organization and who can ough, LLP, has generously hosted summer GDP is a service of your State Bar of become a member? associates and members of the judiciary for Georgia and we are here to serve! l Yes, GDP is a membership organiza- an evening networking reception. tion. Individual lawyers, law firms, cor- Finally, the Fall CLE and Luncheon is porations, nonprofit or public interest an opportunity to take a deep dive into an Rebecca Christian Smith organizations, and government agen- issue that is in the forefront of diversity Executive Director cies can be members. Members pay an- and inclusion. Past themes have included State Bar of Georgia Diversity Program nual dues and participate as sponsors, unconscious bias, authentic leadership and [email protected] and representatives from the respective culture building. The program includes a

2019 FEBRUARY 33 GBJ | Feature

Augusta-Area Attorneys Honored

The State Bar of Georgia’s Military Legal Assistance Program and the Military/Veterans Law Section along with the Office of the Staff Judge Advocate at the U.S. Army Cyber Center of Excellence and Fort Gordon recognize attorneys dedicated to helping in-need service members. BY CHRISTOPHER PITTS

l Donna Lorraine Barlett, a former Last year, Fort Gordon and the State Bar of Georgia’s Military Legal Assistance judge advocate general, who has not Program (MLAP) and Military/Veterans only helped the program find attor- Law Section along with the Office of the neys for cases, but has handled many Staff Judge Advocate at the U.S. Army Cy- cases herself. ber Center of Excellence and Fort Gordon l William Emil “Bill” Cassara, active honored eight attorneys for their efforts in member of the Military/Veterans providing legal assistance to service mem- Law Section of the State Bar of Geor- bers and veterans with critical legal needs. gia and current Military Legal Assis- The recognition event was held in the Fort tance Program Committee member, Gordon’s Command Support Center. who has handled many discharge “What an honor it was hosting the recog- upgrade cases through MLAP. nition program with the State Bar of Geor- l Bobby Lee Christine, who has not only gia’s Military Legal Assistance Program. The handled cases through the program, honored attorneys went above and beyond but has also assisted in maintaining a their call of duty devoting countless hours group of attorneys who participate in of representation to local service members the program in the Augusta area. either pro bono or at reduced fee rates,” Col. l J. Patrick “Pat” Claiborne, who has John M. McCabe, staff judge advocate for handled many family law cases the U.S. Army Cyber Center of Excellence through MLAP and has even taken and Fort Gordon, remarked. “As a result of on a complex family law case on a the excellent legal representation provided pro bono basis. by these attorneys through the State Bar of Georgia’s MLAP, the local service members l Shawn Patrick Hammond, who has were provided the ability to focus on a suc- handled numerous family law cases cessful military mission.” through MLAP. The State Bar of Georgia MLAP l Chuck R. Pardue, who served as a Committee Chair M. Jerome “Jay” El- Military Legal Assistance Program more presented awards on behalf of the Committee member for several years, committee to the several outstanding has been vital to the program with lawyers. Patti Elrod-Hill, chair of the assisting service members who do State Bar’s Military/Veterans Law Sec- not live in Georgia but have cases in tion, presented awards and challenge the state—recently assisting a young coins on behalf of the section to the at- military widow with a case shortly torneys being recognized. after the death of her husband. The following attorneys were recog- l Shellana Joanna Welch, who has nized by the Bar’s Military Legal Assis- handled numerous VA benefits cases tance Program and Committee:

through MLAP and has further GETTYIMAGES.COM/ADAMKAZ

34 GEORGIA BAR JOURNAL PHOTOS BY CHRISTOPHER PITTS Jay Elmore and Donna Lorraine Barlett. Col. John M. McCabe and Bobby Lee Christine. Jay Elmore and Pat Claiborne.

assisted MLAP by helping locate volunteer attorneys. l Thomas F. Allgood Jr., who was posthumously recognized for his dedicated service with the program. Allgood was recognized as the “dean” of family law legal assistance for service members and veterans. He was very active in taking MLAP cases, providing direct or indirect help on more than 40 family law cases, all of which he handled pro bono or on a reduced fee. A plaque and challenge coin were presented in his honor to Col. John M. McCabe and Shawn Hammond. Col. John M. McCabe and Chuck Pardue. his brother, Robert Lyn Allgood. Over the past eight years, MLAP has provided pro bono and reduced-fee representation to service members and veterans throughout Georgia. To qualify for pro bono legal assistance, service members must be ranks E-5 or below. The program also connects military retirees and disabled veterans facing financial hardships with attorneys for civil legal matters. Veterans who face issues with VA disability benefits may also qualify where the ability of an attorney to receive a fee for their services is impossible or unlikely. For more information on how to join MLAP or the types of service opportunities currently available, contact Christopher Pitts Col. John M. McCabe and Shellana Welch. Col. John M. McCabe and Lyn Allgood. at 404-527-8765 or [email protected]. l

Christopher Pitts Director, Military Legal Assistance Program State Bar of Georgia

[email protected]

2019 FEBRUARY 35 GBJ | Feature

As we head into Women’s History Month this March, we salute and celebrate Marching Toward women and the contributions they have made throughout the world. However, Women’s History Month: we must also remember to highlight issues that women confront daily. We have celebrated Women’s History Looking Back and Ahead Month in the United States since March of 1987 when the National Women’s As the months rush by during this first quarter of 2019 and we find History Project (now the Women’s His- ourselves at the beginning of March, remember that although there is tory Alliance) petitioned Congress to much to celebrate surrounding the contributions women have made to pass Public Law 100-09 after years of this great nation, there is much work to do in the area of women’s rights. lobbying by groups and individuals. The BY MICHELLE E. WEST Sonoma County California Commission on the Status of Women first observed Women’s History Week in 1978 during PHOTO BY MICHELLE E. WEST Attendees at the 2018 Equal Pay Day event at the Carter Center, hosted by the Georgia Association for Women Lawyers.

36 GEORGIA BAR JOURNAL the week of March 8 in order to corre- spond with International Women’s Day. Visionary women groups and colleges took notice and began work in July 1979 to establish a National Women’s History Week with a two-week-long conference, and one and a half years later, President Jimmy Carter proclaimed National Women’s History Week to commence on March 8, 1980. Thereafter, various schools throughout the United States expanded their celebration to a month, which 14 states adopted by 1986, and Congress adopted in 1987. President Carter’s presidential procla- mation, like all annual presidential proc- lamations made in honor of Women’s History Month, underscores the reason why it is important to take time to recog- PHOTOS BY MICHELLE E. WEST nize women leaders: GAWL members receive a tour of the Georgia State University Library Special Collection and Archives, featuring GAWL’s historical records. “Too often the women were unsung and sometimes their contributions went unnoticed. But the achievements, leadership, courage, strength and love of the women who built America [are] as vital as that of the men whose names we know so well.”

As we march into Women’s History Month, the Georgia Association for Women Lawyers (GAWL) looks back on the actions it took during 2018 to spread awareness of the impact its past presidents and members have had on the organization and legal community. Last March, GAWL kicked off Women’s History month by celebrat- ing the organization’s 90th anniversary. This anniversary marked the opening of GAWL’s collection of historical records at the Georgia State University Library Special Collection and Archives. The collection memorializes many advance- ments made by the organization and its A modicum of GAWL’s archives on display at Georgia State during the 90th anniversary leadership “to enhance the welfare and celebration.

2019 FEBRUARY 37 PHOTO BY LAWRENCE WARING

(Left to right) Alexia Kotsopoulou (Emory Alumni ’02), Ta-Tanisha Perryman, Ed Lee, Karyl Davis, Ioanna Lagoumidou (President of BPW Athens Greece), Gwendolyn Fortson-Waring, Michelle West, Angela Brown, Cherri Shelton, Bruce Fisher and Robin Martinelli at the Greek Court of First Instance. development of women lawyers and to we know it, as well as to observe the Regarding the question of pay dis- support their interests.” continuing modern-day efforts of the parity, there was spirited debate on In furtherance of this mission, in April, women of Greece to achieve equality. whether one existed in Greek society. GAWL worked to raise awareness about Our journey began in Athens, The Athens Bar president commented gender pay disparity. GAWL hosted an which is credited with implementing that the disparity was due to women Equal Pay Day event at the Carter Center the rule of law and being the root of leaving the workforce. He was of the where participants discussed pay dispar- democracy. While Greece has many notion that because the maximum ity from a legislative, financial, legal and bar associations in its different lo- hourly rate for consultation was 88 everyday perspective, and explored strat- calities, we met with the Athens bar euros and lawyers had the ability to egies to assist in closing the gap. GAWL president and women members from negotiate a contractual fee, there was then continued the pay equity conversa- the organization. The governing body no pay disparity as all were free to ne- tion in Greece during the organization’s of the Athens Bar is comprised of 25 gotiate within that framework. On the first international CLE. This compara- board members but includes only one other hand, the women from the Ath- tive international legal journey included woman, although the Bar is 60 per- ens Bar spoke about the importance of a tour of Greek courts, observations of cent female. working to decrease the pay disparity hearings, a discussion with the Athens Most attorneys practice in firms in Greek society. Bar Association on the issue of pay equi- consisting of 1-3 people. We discov- In addition to meeting with ty in Greece and a program with women ered that attorneys are required to members of the bar, we were afforded of the Athens Bar, Business Professional practice in a clerkship akin to an ap- the opportunity to observe the Greek Women’s group and Greek Ministry of prenticeship prior to taking the bar lower court system, the Court of First Gender Equality. exam. The women lawyers with whom Instance, where we observed many Gwendolyn Fortson-Waring describes we met from the Athens Bar and the women judges serving on hearing the international comparative legal Athens Business Professional Wom- panels composed of 2-3 judges. journey in the abridged excerpt below: en’s group shared the challenges they faced practicing law in Greece. Similar As the months rush by during this first The GAWL International CLE in to many women in the United States, quarter of 2019 and we find ourselves at Greece afforded the group an oppor- they are greatly responsible for child the beginning of March, remember that tunity to learn about ancient Greece rearing, maintaining the home and although there is much to celebrate sur- and its contributions to democracy as having a full-time career. rounding the contributions women have

38 GEORGIA BAR JOURNAL PHOTO BY ROBIN MARTINELLI PHOTO BY LAWRENCE WARING

GAWL members visit the Parthenon. GAWL networking event with women of the Athens Bar Association and the Athens Business Professional Women’s Group.

made to this great nation, there is much work to do in the area of women’s rights. Identify what contributions women have made to history about which you would like to educate others, but also determine what causes or issues you can champion to help advance women’s rights nationally and globally. The theme for 2019 Identify what contributions women have Women’s History Month is “Visionary made to history about which you would like Women: Champions of Peace & Nonvio- lence.” Whether you are raising aware- to educate others, but also determine what ness of national or global issues affecting causes or issues you can champion to help women for International Women’s Day on March 8, or raising awareness about advance women’s rights nationally and globally. the gender pay gap that continues to confront women worldwide for Equal Pay Day on April 2, you will be spreading the vision of remarkable women who march for the benefit of all. l

Michelle E. West Director, Transition Into Law Practice Program State Bar of Georgia

[email protected]

2019 FEBRUARY 39 GBJ | Georgia Lawyer Spotlight PHOTO PROVIDED BY ANNE W. LEWIS PHOTO PROVIDED A Conversation with Anne W. Lewis

In this installment of the Georgia Lawyer Spotlight, Editorial Board Member Jacob E. Daly interviews Anne W. Lewis. BY JACOB E. DALY

Tell us how you became involved in politics map in 1995 should look once the federal What is the role of the general counsel for and how you became general counsel for the map was struck down a couple years the Party? Georgia Republican Party? earlier. After that, I started doing projects Over the years, it has grown quite a bit. When I was in law school at Georgia State with Frank on things that the Party In the beginning, it mostly involved in 1988, I clerked for Wilson Strickland needed, although it was a much smaller litigation. For example, one of the first & Benson. Frank Strickland served as business enterprise than it has become. I things I worked on was when David Duke one of the two counsel for the Georgia love politics and the intersection of law sued to be on the presidential ballot in Republican Party. (Frank and Oscar and politics, and so I worked on every Georgia after the Party voted not to put Persons alternately served as general such matter I could. In 2001, much to him on it. Over time, I started reviewing counsel and assistant general counsel, my surprise, I was appointed assistant multi-candidate advertisements to make depending on their work schedules, general counsel. I didn’t know anything sure they did not contain libel and included as I recall.) I went to work for the firm about that, and when I saw Ralph Reed, the correct disclaimers. In recent years, as an associate in 1989, and the 1990s who was the new chairman of the state we have had not as much litigation, but redistricting followed soon thereafter. party, and asked him about it, he said he there have been disagreements with the I worked on the challenge brought to forgot to mention that he had appointed national Party about allocating delegates Cynthia McKinney’s district, which ran me. I served under Randy Evans from and alternates to the national convention. from Atlanta to Augusta to Savannah. 2001 until 2009, when Randy decided to The state Party is a several million dollar We represented the unusual amici step down as general counsel. I took over per year business, so in addition to combination of Newt Gingrich and John as general counsel and have been serving litigation, regulatory issues and national Lewis, who had an idea of how the new in that position ever since. Party matters, I deal with issues that

40 GEORGIA BAR JOURNAL every business has, such as garnishments, personnel matters and the like. I would say that there’s an opportunity to deal with Party issues several days a week.

Who are your political and legal heroes or role models? It’s distressing to me that there is such Frank Strickland is certainly my main incivility in the political process because one political hero and role model. He has taught me, and continues to teach me, so much of my favorite things is to talk to people on about how to be a good lawyer and how to the Democrat side about issues and why they treat other lawyers and litigants. Frank is not interested in getting credit for anything, think what they think. and he is always working behind the scenes for what is in the best interest of the Party. On the other side of the aisle, I have often had disagreements, legally and perhaps philosophically, with Emmet Bondurant, but we’ve been on a lot of cases together. over the state in the next 10 years? I don’t He’s an excellent lawyer, and he got me think so, but I think Georgia is getting to involved in the Georgia Resource Center, be an evenly matched state, and I think which is a nonprofit organization that the reason for that is turnout. Last year provides habeas counsel to death-sentenced showed us when both sides turn out their inmates. I’ve always admired Emmet for his voters, it’s going to be extremely close. It’s dedication to that organization. going to require more and more work to keep it red, and there is a lot of hope that What do you think the lessons of the 2018 that can happen, but we’ll definitely see it election are? more purple in the next decade. If people are motivated enough, they will vote, and whoever gets his or her voters Do you see any parallels between political out, wins. Although I’m happy that so incivility in today’s society and the current many people were motivated to vote, it state of lawyer professionalism? seemed like a great deal of the motivation It’s distressing to me that there is such on both sides was, to some extent, anger incivility in the political process because rather than how are we going to fix our one of my favorite things is to talk to problems. For the Republican Party, the people on the Democrat side about issues ground game must be stronger because and why they think what they think. I the newer registered voters are not neces- think that since I started practicing law sarily automatically assigning themselves there is a little more incivility among to the Republican Party, and I think part lawyers. Some of that I attribute to of that is due to the constant contact they email because it is much easier to write have from the Democrat Party. A related something to somebody than it is to lesson is that we have to do better in terms pick up the phone and call them or meet of registering people to vote, making sure them and talk with them about what the they do vote and making sure that if they problem is. My advice for other lawyers ask for an absentee ballot, they get it and is if you have something very difficult they return it. to discuss with opposing counsel, have a conversation. A conversation puts things What do you think about how Georgia is in perspective that might not come changing politically? Is the state still red, through an email, and it also means you or has it already become purple? Is it on its won’t see your email attached to a motion! way to becoming blue, and if so, when will As my mentor Frank Strickland says, if that happen? you have to write an unpleasant email, I think it’s still red. Is it getting closer to write it and leave it in your drafts folder purple? Yes. Is the blue wave going to take for 24 hours, and maybe you’ll come back

2019 FEBRUARY 41 I’ve loved every minute of being a lawyer, so I don’t ever want to do anything that would prevent me from practicing law.

and decide not to send it. Similarly, it’s constituents at heart. Sometimes there are one day, but we have a great council and easier for people to go to Twitter and difficult political decisions for those peo- mayor, so that’s no time soon. Facebook and write harsh political things, ple to make, but it’s gratifying to watch whereas if they were talking to a neighbor them work through and decide that this is Are you interested in running for office over the fence, they would never say not so good for our people or this is good only if you can still practice law? something like that. for our people. That’s right, because I love everything about practicing law. My grandfather What are the other aspects of your practice I think people like to hear about how high- always talked to me about being a lawyer, that don’t involve politics? achieving people, regardless of gender, and then I had the great fortune of going When I started at Wilson Strickland & balance their professional and personal to Georgia State University to law school. Benson, I did a lot of workers’ compen- commitments since this is such a demanding I had paid my deposit to go to UGA sation defense, which was a great way to profession. What is your secret for because I had gone there for undergrad, THE CONTINGENCY-FEE BUSINESS LITIGATION ATTORNEYS learn litigation because it was much less maintaining a work-life balance? but I took a year off and went to work at overwhelming in terms of time in the Two things come to mind. The first is I SCAD in the daytime and as a bartender courtroom, but you still had to know the have a very supportive family. My husband at night to save money. I had a bunch of rules of civil procedure and the rules of and I have two boys who are 21 and 23, and friends who moved here and encouraged CORY SIMMONS evidence. I also did a lot of school and we have always supported things that the me to try this new law school in Atlanta HAS JOINED OUR ATLANTA OFFICE college law and then started working on others like to do. The second is being in a because, as they put it, “We’re all up here political matters. Today, my practice is fo- firm with partners who I’ve practiced with having a big time.” Little did I know that cused on areas that somehow have to do since I was a clerk in law school. That has law school students weren’t going to have CORY SIMMONS is a business litigator with more than a with the political or quasi-political pro- allowed me to have a balance to work and a big time, but I loved law school. I loved decade of experience protecting victims of construction defects, cess, such as election contest and qualifi- do things like being the classroom mom, go every minute of it, and I’ve been eternally investment fraud, professional malpractice, and insurance cation challenges, redistricting and other to sporting and other events our kids have grateful to Georgia State for giving me voting rights cases. Through the politi- had, and participate in political activities. an excellent education that I could afford. disputes, among others. cal process, I became involved in repre- The theme in our firm has always been that I’ve loved every minute of being a lawyer, senting companies at the Public Service family is the most important thing, and so so I don’t ever want to do anything that We are pleased to welcome Cory to the Business Trial Group Commission, and from my work in vot- do what you need to do for your family first. would prevent me from practicing law. l in Atlanta, where he will continue to grow our contingency-fee ing rights cases, I’ve worked on disputes practice. between governmental entities. I have You said a couple years ago that you had not enjoyed representing governmental enti- ruled out the possibility of running for office Jacob E. Daly is of counsel ties because it gives me the opportunity but that you would consider doing so only with Freeman Mathis & Gary, to work with a client that is composed of after both of your sons graduated from high LLP, in Atlanta and a member [email protected] several people who have been elected to school. That has happened now, so what is of the Georgia Bar Journal public office by their constituents. They your position now on becoming a candidate? Editorial Board. He represents 404.965.1629 191 Peachtree Street NE, Suite 4200, Atlanta, GA 30303 are very nice people to work with, so Even though I have been on a little bit private companies, government entities that’s been very enjoyable for me. It’s dif- of a health adventure for the last several and their employees in personal injury ficult sometimes if you can’t get a majority years, I still would like to run for some- litigation with a focus on defending decision, but I have always found that the thing someday. I am a very fortunate citi- property owners, management governmental entity we’re representing zen of the new city of Tucker. I think I companies and security companies in OFFICES really does have the best interest of the would like to perhaps run for city council premises liability lawsuits. Atlanta | Ft. Lauderdale | Ft. Myers | Jacksonville | Naples | New York | Orlando | Sarasota St. Petersburg | Tallahassee | Tampa | West Palm Beach

42 GEORGIA BAR JOURNAL BusinessTrialGroup.com THE CONTINGENCY-FEE BUSINESS LITIGATION ATTORNEYS CORY SIMMONS HAS JOINED OUR ATLANTA OFFICE

CORY SIMMONS is a business litigator with more than a decade of experience protecting victims of construction defects, investment fraud, professional malpractice, and insurance disputes, among others.

We are pleased to welcome Cory to the Business Trial Group in Atlanta, where he will continue to grow our contingency-fee practice.

[email protected] 404.965.1629 191 Peachtree Street NE, Suite 4200, Atlanta, GA 30303

BusinessTrialGroup.com TO PLACE AN ANNOUNCEMENT Bench Contact Ashley Stollar | [email protected] | 404-527-8792 &Bar

Kudos Cynthia Tolbert contributed a fictional, legal short story, “Mat- tie’s House,” to “Dury Consulting Presents: The Lawyers’ Activ- Taylor English Duma LLP an- ity & Coloring Book.” nounced that the firm received the Construction Lawyers of Society of American Law Firm Award in On the Move October in Banff, Alberta, Cana-

MARK QUILLIAN da. The award recognizes North IN ATLANTA American law firms for excellence Morris, Manning & Martin, LLP, announced the in construction law. election of Simon Malko as managing partner. Partner Natalie N. Mark received the Diver- Malko focuses his practice on appellate litiga- sity Law Institute Diversity Award for her dedi- tion, commercial litigation, litigation, real estate cated efforts to advance, promote, and support litigation, securities litigation and enforcement. diversity and inclusion in the legal industry. The firm is located at 3343 Peachtree Road NE, DIXON Partner Henry M. Quillian III was elected pres- Atlanta, GA 30326; 404-233-7000; www.mmmlaw.com. ident for the Foundation of the Federal Bar Association. The Foundation, the charitable arm of the Federal Bar Association, Nall & Miller announced the addi- promotes and supports legal research and education, advances tion of Quinn C. Bennett and Matt the science of jurisprudence, facilitates the administration of B. Jager as associates. Bennett joins justice and fosters improvements in the practice of federal law. the firm’s trucking and litigation Attorney Harry D. Dixon III was elected as a fellow of the group. Jager joins the medical mal- American Bar Foundation as well as a member of the State practice defense and health care lit- BENNETT JAGER Bar of Georgia Young Lawyers Division Leadership Academy igation group. The firm is located Class of 2019. at 235 Peachtree St. NE, Suite 1500, Atlanta, GA 30303; 678- 522-2200; Fax 404-522-2208; www.nallmiller.com. Gerber & Holder announced that founding attorney Thomas Holder was elected president James-Bates-Brannan-Groover- of the Workers’ Injury Law and Advocacy LLP announced the addition of Group (WILG). WILG is the national non- Bradley Skidmore as partner and profit organization dedicated to representing Taylor Eisenhauer and Tiffany M. the interests of millions of workers and their Weatherholtz as associates. Skid- families who suffer the consequences of work-related inju- more has 25 years of experience ne- SKIDMORE EISENHAUER ries or occupational illnesses. gotiating and litigating real estate and business transactions. Eisenhauer focuses her Hodges, McEachern & King announced that practice on business and corporate transactions. partner T. Kyle King was elected a fellow of the Weatherholtz focuses her practice on financial in- American College of Trust and Estate Counsel stitutions real estate matters. The firm is located at (ACTEC). ACTEC is an organization of peer- 3399 Peachtree Road NE, Suite 1700; Atlanta, GA elected trust and estate lawyers and law professors. WEATHERHOLTZ 30326; 404-997-6020; jamesbatesllp.com.

FisherBroyles, LLP, announced the Morgan Clemons of Aldridge Pite LLP served as addition of Thomas Walker and contributing editor to “Dury Consulting Pres- Beth Stephens as partners. Walker ents: The Lawyers’ Activity & Coloring Book.” focuses his practice on bankruptcy The book is intended to provide relaxing activi- and restructuring, litigation and ties for lawyers and law students to relieve the commercial litigation. Stephens WALKER STEPHENS stress and anxiety associated with law practice focuses her practice on health and and the law school experience. pharmacy law, insurance and litigation. The firm is located at

44 GEORGIA BAR JOURNAL 945 E. Paces Ferry Road NE, Suite 2000, Atlanta, GA 30326; MendenFreimen LLP announced the ap- 866-211-5914; fisherbroyles.com. pointment of Brian M. Annino as senior associate attorney. Annino practices busi- Swift, Currie, McGhee & Hiers, ness law, estate planning, and trust and es- LLP, announced the elevation tate administration. The firm is located at of Jessica M. Phillips, Rebecca E. 5565 Glenridge Connector NE, Suite 850, Strickland and Calvin P. Yaeger to Atlanta, GA 30342; 770-379-1450; mendenfreiman.com. partner, and the addition of Sara

PHILLIPS STRICKLAND Alexandre, Rebecca M. Beane, Av- Kilpatrick Townsend & Stockton ery G. Carter, Clay L. Clifton, Lau- LLP announced the addition of ren Kamensky, Nichole C. Novosel, Jennifer Deal, Michael Morlock, Tara P. Schlairet, Kristen M. Vigi- Hillary Rightler and James Trigg as lant, Ivy R. White and Robert K. partners and Kathryn Ederle as an

Young as associates. Phillips focuses DEAL MORLOCK associate. Deal focuses her practice her practice on commercial litiga- on intellectual property litigation, YAEGER ALEXANDRE tion and coverage issues. Strick- including cases involving trade- land focuses her practice on first marks and trade dress, unfair com- party coverage, premises liability, petition, false advertising, licensing commercial litigation, arson, fraud agreements and internet disputes. and intellectual property. Yaeger Morlock focuses his practice on focuses on automobile and truck- RIGHTLER TRIGG patent litigation, post-grant pro-

BEANE CARTER ing accidents and premises liability, ceedings and patent prosecution. Rightler focus- environmental law and construc- es her practice on white collar criminal defense tion litigation. Alexandre focuses matters. Trigg focuses his practice in the areas of her practice on catastrophic injury copyright, trademark and entertainment law. Ed- and wrongful death, automobile erle focuses her practice on commercial litigation litigation and premises liability. EDERLE and white collar criminal defense. The firm is Beane focuses on commercial liti- located at 1100 Peachtree St. NE, Suite 2800, CLIFTON KAMENSKY gation, construction law and prod- Atlanta, GA 30309; 404-815-6500; Fax 404-815-6555; ucts liability. Carter practices in www.kilpatricktownsend.com. the areas of commercial litigation, automobile litigation and premises Drew Eckl & Farnham announced liability. Clifton focuses his practice the appointment of David L. Rus- on workers’ compensation defense. nak as of counsel, Amanda Myers NOVOSEL SCHLAIRET Kamensky focuses on automobile as a senior associate and Katelyn litigation, construction litigation, Fischer, S. Monique Clark, Shayla

premises liability and wrongful RUSNAK MYERS J. Bivins and Caryn Dreibelbis as death. Novosel joins the work- associates. Rusnak focuses his prac- ers’ compensation practice group. tice on state and federal litigation, Schlairet focuses on workers’ com- risk management and alternative pensation. Vigilant practices in the dispute resolution. Myers’ practice VIGILANT WHITE areas of commercial litigation and focuses on workers’ compensation. insurance coverage. White represents employers, Fischer focuses her practice on civil insurers, self-insureds and third-party administra- FISCHER CLARK litigation defense. Clark focuses on tors. Young practices workers’ compensation and litigation representing employers, employment law. The firm is located at 1355 W. insurance carriers and third party Peachtree St. NE, Suite 300, Atlanta, GA 30309; administrators in workers’ com- YOUNG 404-874-8800; www.swiftcurrie.com. pensation matters. Bivins’ practice is focused on civil and commercial BIVINS DREIBELBIS litigation. Dreibelbis’ practice is focused on workers’ compensation defense. The firm is located at 303 Peachtree St. NE, Suite 3500, Atlanta, GA 30308; 404-885-1400; www.deflaw.com.

2019 FEBRUARY 45 JAMS Mediation, Arbitration and ADR Services Finnegan announced that Kevin D. Rodkey was announced the addition of Hon. William S. Duf- promoted to partner. Rodkey focuses his practice fey to its panel. Duffey retired from the bench of on post-grant review proceedings, including in- the U.S. District Court for the Northern District ter partes review and covered business method of Georgia in July 2018. Prior to his judicial career, review proceedings, patent litigation, appeals, Duffey specialized in complex commercial, banking prosecution, due diligence counseling and trans- and government fraud, and product liability matters. The office is actions. The firm is located at 271 17th St. NW, Suite 1400, located at One Atlantic Center, 1201 W. Peachtree St. NW, Suite Atlanta, GA 30363-6209; 404-653-6484; www.finnegan.com. 2650, Atlanta, GA 30309; 404-588-0900; www.jamsadr.com. Smith, Gambrell & Russell announced that Eversheds Sutherland announced Susan C. Atkinson rejoined the firm as counsel. the election of Darryl F. Smith Atkinson focuses her practice on health care and and Jesse W. Lincoln as part- corporate law. The firm is located at Promenade, ners and the election of Rob Ellis Suite 3100, 1230 Peachtree St. NE, Atlanta, GA and Jenny Worthy as of counsel. 30309; 404-815-3500; www.sgrlaw.com.

SMITH LINCOLN Smith focuses on electric coopera- tives, energy and infrastructure, Barnes & Thornburg announced that John environmental, finance, securities Koenig was elected managing partner. Koenig fo- and corporate governance, public cuses his practice on labor and employment law. finance and public-private partner- The firm is located at 3475 Piedmont Road NE, ships. Lincoln focuses his practice Suite 1700, Atlanta, GA 30305-3327; 404-846- on litigation, construction and di- 1693; Fax 404-264-4033; www.btlaw.com. ELLIS WORTHY versified industrials. Ellis focuses his practice on corporate, securities and corporate governance, Nelson Mullins announced the mergers and acquisitions, and private investment funds. Worth election of Douglas M. Flaum, focuses on real estate and timber and forest products. The firm Dennis Hom, Erin Reeves Mc- is located at 999 Peachtree St. NE, #2300, Atlanta, GA 30309; Ginnis, Joshua F. Reif, Andrew J. 404-853-8000; us.eversheds-sutherland.com. Rosenzweig and Cheryl V. Shaw as partners. Flaum’s practice fo- FLAUM HOM Berman Fink Van Horn P.C. an- cuses on alternative lending and nounced the addition of Ashley M. other non-bank financial services, Bowcott and Katherine M. Silver- banking and financial services, man as associates. Bowcott focuses bankruptcy, creditors’ rights and her practice on business litigation, restructuring, commercial and

BOWCOTT SILVERMAN non-compete/trade secrets, and syndicated lending, creditor rep- employment and real estate litiga- MCGINNIS REIF resentation and real estate capital tion. Silverman’s practice focuses on business litigation, non- markets. Hom focuses his practice compete/trade secrets, and employment and real estate litiga- on litigation, premises liability, tion. The firm is located at 3475 Piedmont Road, Suite 1110, products liability—consumer and Atlanta, GA 30305; 404-261-7711; www.bfvlaw.com. mechanical, products liability— pharmaceuticals and medical de-

Chamberlain Hrdlicka announced ROSENZWEIG SHAW vices, and toxic torts. McGinnis that J. Thompson Turner and Kyle focuses her practice on corporate Winnick joined the firm as associ- governance, public company compliance and counseling, real ates. Turner’s practice area is on estate capital markets, real estate investment trusts, securities corporate, securities and finance, offerings, mergers and acquisitions, investment management, estate and income tax planning, and corporate and securities. Reif focuses his practice on bank- TURNER WINNICK and estate administration. Win- ing and financial services, commercial and syndicated lending, nick focuses his practice on employee benefits and executive real estate and real estate capital markets. Rosenzweig focuses compensation, and labor and employment. The firm is located his practice on commercial litigation and business torts, dispute at 191 Peachtree St. NE, Forty-Sixth Floor, Atlanta, GA 30303; resolution, litigation, premises liability, products liability—con- 404-659-1410; www.chamberlainlaw.com. sumer and mechanical, products liability—pharmaceuticals and medical devices, toxic torts, and consumer product safety, risk prevention and regulatory compliance. Shaw’s practice focuses on commercial and syndicated lending, commercial leasing,

46 GEORGIA BAR JOURNAL executive compensation, ERISA, employee benefits, general counsel services, mergers and acquisitions, schools and universities, state and local government relations, and tax. The firm is located at 201 17th St. NW, Suite 1700, Atlanta, GA 30363; 404-322-6000; www.nelsonmullins.com. Alston & Bird announced the elec- JUDGING PANEL tion of Elizabeth B. Brown, Eliza- beth G. Clark, Pamela H. Councill, VOLUNTEERS NEEDED Jenny A. Hergenrother, Sarah H. Mackenzie, C. Jordan Myers, Nich- FOR 2019 STATE

BROWN CLARK olas J. Roecker, Jason Rottner and Alison D. Waterson as partners. FINALS TOURNAMENT Brown focuses her practice on commercial, litigation, class action and multidistrict litigation, privacy Saturday, March 16 and data security, antitrust, privacy and cybersecurity litigation, Athens-Clarke County COUNCILL HERGENROTHER and health care litigation. Clark’s Courthouse and the practice focuses on litigation and securities litigation. Councill fo- Classic Center, Athens cuses her practice on intellectual property, intellectual property litigation and inter partes, and At least two rounds of HSMT judging MACKENZIE MYERS covered business method review. panel experience or one year Hergenrother’s practice focuses on of HSMT coaching experience litigation, products liability, toxic required to serve at the state level. torts, commercial, class action and multidistrict litigation, and food, CLE credit available for serving on a drug and device/FDA. Mackenzie judging panel. focuses her practice on corporate ROECKER ROTTNER and finance, corporate and busi- Volunteer forms can be found at ness transactions, capital markets and securities, www.georgiamocktrial.org mergers and acquisitions, and private equity. on the “Volunteer” page. Roecker’s practice focuses on finance, corporate debt finance, and corporate and finance. Rottner Contact the Mock Trial Office focuses his practice on litigation, antitrust, class with questions: WATERSON action and multidistrict litigation, commercial, corporate plaintiff’s litigation, insurance litiga- 404-527-8779/800-334-6865 ext. 779 tion and regulation, and industrials and manufacturing. Wa- [email protected] terson’s practice focuses on real estate and REITs, commercial real estate development, sales and acquisitions, corporate and @GeorgiaMockTrial finance enforcement, and workouts and foreclosures. The firm is located at 1201 W. Peachtree St., Suite 4900, Atlanta, GA 30309-3424; 404-881-7000; www.alston.com. @GA_MockTrial

MT_Feb19.indd 1 2/5/2019 4:32:39 PM 2019 FEBRUARY 47 Taylor English Duma LLC an- IN MARIETTA nounced that Teresa Adams, Abernathy Ditzel, LLC, announced L. Craig Dowdy and Kendall Minter it has changed its name to Aberna- joined the firm as partners. Adams thy Ditzel Henrick Bryce, LLC, with focuses her practice on litigation the addition of Jordan Hendrick and and dispute resolution. Dowdy fo- Mark Bryce as partners. Hendrick’s ADAMS DOWDY cuses his practice on corporate and HENDRICK BRYCE practice focuses on family law, pro- business, and litigation and dispute resolution. bate law and personal injury. Bryce Minter’s practice focuses on corporate and busi- focuses his practice on comparative and international family law. ness, intellectual property and entertainment, The firm is located at 319 Atlanta St., Suite 250, Marietta, GA sports and media. The firm is located at 1600 30060; 404-596-4991; www.adfamilymatters.com. Parkwood Circle, Suite 200, Atlanta, GA 30339; MINTER 770-434-6868; www.taylorenglish.com. IN SAVANNAH HunterMaclean announced that Mary C. Bost- IN ALPHARETTA wick joined the firm as an associate. Bostwick Cheeley Law Group, LLC, announced it moved to a new focuses her practice on corporate law. The firm location. The firm is now located at 2500 Old Milton is located at 200 E. Saint Julian St., Savannah, GA Parkway, Suite 200, Alpharetta, GA 30009; 770-814-7001; 31401; 912-236-0261; www.huntermaclean.com. www.cheeleylawgroup.com.

IN BUFORD IN NEW YORK, NEW YORK Chandler, Britt, & Jay, LLC, announced the ad- Eversheds Sutherland announced the appointment of Doyle dition of Dorothy “Dodie” Sachs as an associate. Campbell as of counsel. Campbell focuses his practice on cor- Sachs’ practice focuses on family law issues. The porate, securities and corporate governance, derivatives and firm is located at 4350 S. Lee St., Buford, GA structured products, mergers and acquisitions, private equity 30518; 770-271-2991; cbjblawfirm.com. and private investment funds. The firm is located at The Grace Building, 40th Floor, 1114 Avenue of the Americas, New York, Beck, Zwald & Associates, LLC, announced the addition of NY 10036; 212-389-5000; us.eversheds-sutherland.com. Matthew Aldridge as an associate. Aldridge focuses his practice on civil litigation matters. The firm is located at 2711 Buford Alston & Bird announced the election of Steven Highway, Buford, GA 30518; 678-765-8844; www.bzalaw.com. R. Campbell as partner. Campbell focuses his practice on litigation, commercial, international IN ELLIJAY arbitration and dispute resolution, energy, and The Georgia Public Defender Council an- industrials and manufacturing. The firm is lo- nounced the appointment of Clint Hooker as cated at 90 Park Avenue, 15th Floor, New York, the circuit public defender of the Appalachian NY 10016-1387; 212-210-9400; www.alston.com. Judicial Circuit. The office is located at Gilmer County Courthouse, 1 Broad St., Suite 1, Ellijay, GA 30540; 706-698-7322; www.gapubdef.org.

IN MACON James-Bates-Brannan-Groover- LLP announced the addition of David S. Cromer and Katherine F. Coeyman as associates. Cromer focuses his practice on litigation, insurance defense and financial CROMER COEYMAN institutions. Coeyman focuses her practice on tax, estate planning and corporate matters. The firm is located at 231 Riverside Drive; Macon, GA 31201; 478- 742-4280; jamesbatesllp.com.

48 GEORGIA BAR JOURNAL GBJ | Office of the General Counsel

How Many Lawyers Does it Take . . . ?

BY PAULA FREDERICK

“Help!!!” your partner screams as he provides “[t]o maintain the requisite rummages through the receptionist’s knowledge and skill, a lawyer should desk. “I have a pleading due today and I keep abreast of changes in the law and its don’t know how to file it!” practice, including the benefits and risks “Where’s Darlene?” you ask. “She associated with relevant technology. . . .” always handles the eFiling.” Some ABA members questioned the “Darlene’s on her way to the hospital— need for a comment that singles out a can you believe she went into labor a specific subject matter, and there was month early?” your co-worker replies. vigorous debate about whether the “Perfect timing; she was supposed to change was appropriate. help me finish up some revisions to Proponents pointed out that in order this Answer and get it filed for me this to respond to a discovery request for afternoon. I’m trying to find our bar electronic records, a lawyer must have numbers and passwords—she’s got to some understanding of how email is have them written down somewhere.” collected and stored. To comply with the “Well don’t look at me,” you respond. “I obligation to protect client information, wouldn’t begin to know how to eFile. Dar- a lawyer must understand and guard lene set up my account and I never even against cyber threats. In the end, the asked for the login information! At least we majority of members in the ABA’s House have until midnight to figure it out.” of Delegates were persuaded that the “Do we?” you partner asks. “I thought problems experienced by technologically the deadline for eFiling was 5 p.m., the backward lawyers were serious enough to same as for filing in person.” warrant separate language in the Rules. “Mark! Get over here!” you exclaim as In Georgia, Rule 1.1 is still written you spot your newest associate wandering as though it applies solely to contracts down the hall. “You’re a techie, surely you and torts, and most lawyers don’t think know how to eFile!” about technology when they consider “eFile? What’s that?” your associate asks. competence as a lawyer. That may soon As of Jan. 1, 2019, Georgia law requires change, however. Georgia’s Disciplinary eFiling for new civil cases in the state and Rules & Procedures committee recently superior courts. Every Georgia lawyer voted to add the language in ABA who does business in those courts will Comment 8 to Georgia’s Rules of need to register for eFiling, and the Professional Conduct. The proposal will prudent lawyer will pay close enough proceed to the Board of Governors and attention to be able to file pleadings then to the Supreme Court for approval herself in a pinch. before it becomes final and even then, it In 2012 the American Bar Association will be aspirational and not mandatory revised the Model Rules of Professional in Georgia. l Conduct to inform lawyers about the need to keep up with changes in technology that affect law practice. The Paula Frederick new language is at Rule 1.1, the rule General Counsel that requires competence in providing State Bar of Georgia representation to a client. Comment 8 [email protected] GETTYIMAGES.COM/HIGYOU

2019 FEBRUARY 49 GBJ | Attorney Discipline

Attorney Discipline Summaries

Nov. 9, 2018 through Jan. 15, 2019 BY JESSICA OGLESBY

Disbarments untary discipline filed by Amber C. she otherwise has good character David P. Rachel Saunders (State Bar No. 827587), and and reputation as shown by letters of P.O. Box 857 imposed a 12-month suspension for her support from the legal community; and Mableton, GA 30126 conversion of client funds for personal she is remorseful. On Dec. 10, 2018, the Supreme Court of use which violated Rules 1.15 (I) (c) Georgia disbarred David P. Rachel (State and 1.15 (II) (b) of the Georgia Rules of Samuel Williams Jr. Bar No. 591601). This matter arose from Professional Conduct. 3485 Ellington Way Rachel’s conviction, in the U.S. District In her petition, Saunders explains the Atlanta, GA 30349 Court for the District of Arizona, for circumstances leading up to her misuse On Jan. 7, 2019, the Supreme Court of one count of conspiracy and 12 counts of of the client funds. In 2015, Saunders Georgia accepted a petition for voluntary money laundering. In a prior appearance obtained $26,283.50 in an arbitration discipline from Samuel Williams Jr. of this matter, the Court accepted proceeding on behalf of an incarcerated (State Bar No. 764123), the fourth Rachel’s petition for voluntary discipline, client. She used the portion of the funds appearance of this disciplinary matter suspending him until further order of this to which she was entitled as her fee to before the Court. In the petition for Court, pending his appeal of his federal purchase a car, but the car broke down. voluntary discipline, Williams sought convictions. Rachel acknowledged in his Because Saunders was too embarrassed a suspension of no less than 20 months, petition for voluntary discipline that his to seek help, she converted the client’s nunc pro tunc to the Nov. 1, 2017, convictions constituted a violation of Bar funds for her own personal use to recover date on which he voluntarily ceased Rule 8.4 (a) (2), the maximum sanction from the financial challenges brought on the practice of law. The Special Master for a violation of which is disbarment. by her former abusive relationship. issued a report recommending that the Rachel’s convictions were affirmed by the In mitigation, Saunders stated Court accept Williams’s petition and U.S. Court of Appeals for the Ninth Circuit that the client has been repaid in full; impose a suspension of 20 months, nunc and his petition for certiorari review was she has no prior disciplinary history; pro tunc to Nov. 1, 2017. denied by the U.S. Supreme Court. she cooperated with the disciplinary William’s petition arises from process by submitting a detailed letter his guilty-plea conviction for selling of her misconduct to the Investigative unregistered securities in Alabama, Suspensions Panel member assigned to the case; which, Williams conceded, constituted a Amber C. Saunders her actions were due to extreme violation of Rule 8.4 (a) (2) of the Georgia P.O. Box 7719 emotional distress stemming from Rules of Professional Conduct. Atlanta, GA 30357 domestic violence; she has undergone In mitigation, as stated in an earlier On Dec. 10, 2018, the Supreme Court counseling to rebuild her self-esteem appearance of this matter, In the Mat- of Georgia accepted a petition for vol- to avoid similar problems in the future; ter of Williams, 300 Ga. 781 (798 SE2d

50 GEORGIA BAR JOURNAL 215) (2017), was the near-concurrent Although Williams’s probation end- bankruptcy of Williams’s law firm and ed in April 2017, he remains under the “He who is his own lawyer diagnosis of his wife with metastatic jurisdiction of the Alabama court with has a fool for a client.” breast cancer in the fall of 2009; that respect to payment of restitution. How- he has no prior disciplinary history or ever, while that case is therefore not tru- criminal record; that he served honor- ly dismissed but remains on the court’s ably in the military for 20 years; that administrative docket, the restitution Warren R. Hinds, P.C. “An Attorney’s Attorney” he self-reported his conviction to the ordered—$250 per month against a disciplinary authorities and has been $380,000 obligation—reflects the parties’ • Bar Complaints cooperative; that his failure to register apparent expectation that the obligation • Malpractice Defense the securities was negligent and unin- would not ever be totally fulfilled, and • Ethics Consultation tentional; that his failure to reject or the Special Master concluded that under secure the $380,000 was negligent and Alabama law a restitution default would without a selfish motive; that he is sin- not subject Williams to additional crimi- cerely remorseful; that he has attempted nal sanctions, so the criminal portion of to improve his own understanding of his sentence has concluded. Thus, while the law and to help others avoid the the status of probation is an important mistakes he made; and that he has com- consideration in assessing the appropri- plied with all of the terms of his pro- ate duration of a disciplinary suspension, bation. Williams also asserted that the tying suspension to the restitution ob- nearly four-year delay between his self- ligation in this case could result in the reporting of the violation and the peti- imposition of what would effectively be tion for appointment of a Special Mas- an endless suspension. l ter should be considered in mitigation. Additionally, the Alabama prosecutor 1303 Macy Drive sent a letter to the State Bar of Georgia Jessica Oglesby Roswell, Georgia 30076 saying that Williams was inexperienced Clerk, State Disciplinary Boards Call (770) 993-1414 at the time, distressed because of his State Bar of Georgia wife’s illness and extremely remorseful, www.warrenhindslaw.com [email protected] and that the trial judge concluded that his involvement in the criminal scheme was minimal.

2019 FEBRUARY 51 GBJ | Legal Tech Tips

Legal Tech

Online Mental Health Service TIPS 1www.iprevail.com iPrevail is an online mental health service BY NATALIE R. KELLY providing health assessments and support AND MIKE MONAHAN peer communities and resources. This online cognitive behavioral therapy service program allows users to take assessments; receive a recommended program of support, guidance and tools from peer coaches; and access peer specialists within larger support communities who have experienced similar circumstances. Take an assessment today at www.iprevail.com and get help with anxiety, depression, eating disorders, grief, panic attacks and stress.

PhoneSoap UV Charger 2and Sanitizer www.phonesoap.com Physical health is just as important as mental health and with almost everyone walking around with a mobile device in hand, we must be concerned about germs. Enter the PhoneSoap UV Charger and Sanitizer with UV-C lights which kill germs without using liquid, heat or chemical solutions. The unit also charges your device while cleaning it. Prices for mobile phone units start around $60.

Textexpander 3www.textexpander.com Having to repeatedly type the same blocks of text over and over when writing emails, word processing documents or even time entries can be grueling. Textexpander lets users create and save “snippets” of text which are generated by typing just a few characters. The service has a free trial with Life Hacker individual accounts starting at $3.33/month and Team level subscriptions starting at $7.96/user/month. GETTYIMAGES.COM/GOLLYKIM

52 GEORGIA BAR JOURNAL WhatTheFont! Pet Sitter Apps Testimonial 4www.myfonts.com/WhatTheFont 7Staying late at the office or just find- If you run across a really cool font, but ing out you’ve been booked on Delta for a don’t know what it is, you can upload a client meeting the next day? What’s a pet sample into the WhatTheFont service owner to do? There’s an app to help you to determine which font you’ve encoun- locate a pet sitter or dog walker. Try Rov- tered. The service recognizes PNG or er or DogVacay, for example. The apps JPG only, but boasts “the world’s largest are available free in the AppStore and on collection of fonts.” Their count as of this Google Play. Find a pet sitter or walker, writing is over 130,000 fonts! schedule and pay through the app.

Redaction REQUIRED Declutter Your Life Mike Monahan Director, Pro Bono Resource Center 5Embarrassing law firm headlines 8www.decluttr.com aside, redaction is one technology skill Spring is around the corner. Declut- Noelle Loyal friend and escape artist every lawyer must understand and know ter using, well, Decluttr. Turn your old how to execute in today’s digital world. books, vinyl, gaming software, hardware Services like Adobe’s Acrobat DC and and more into spending cash. DogVacay Nuance PDF help users learn to apply I’m happy to recommend DogVacay. redaction to highlighted areas of text We recently had to board our little and images on pages of PDF documents. Get a Clean House doggie. We used the DogVacay/Rover These PDF services and others like PD- 9While you are out of town and your App to locate a sitter and boarding for Felement share tips on how to use their pet is with a sitter, what better time than a week’s stretch. I typed in our zip code, services. Pair these company instructions to schedule a tidy-up for your house? Try selected the level of service and size with those of the courts or other entities apps like Handy or Merry Maids, avail- of our dog, and immediately received where you are submitting redacted docu- able in the App Store or on Google Play. a list of 35 potential sitters in our zip ments, and you should be able to skip code along with the starting price. The being next on the wall of shame! Don’t app provides reviews as well. Easy! forget the State Bar’s Law Practice Man- Think About Personal Safety agement Program can assist with tech- 10getbsafe.com nology training on redaction, too. Personal safety is a concern for many lawyers. There are SMS services and apps you can use to keep your friends Talk to Your Kids About and family updated on your where- 6Underage Drinking abouts when you travel, meet with cli- www.samhsa.gov/underage-drinking ents or are just out running or social- Don’t be too busy to talk to your chil- izing. Check out an SMS service like dren about difficult subjects. There are Kitestring that lets you set up text alerts apps for that! For example, “Talk. They to yourself and friends when you are on Hear You” helps you learn the do’s and the go. There are safety apps like bSafe don’ts of talking to kids about underage that are available in the App Store or drinking. The app, created by the Sub- on Google Play. Apps like bSafe allow stance Abuse and Mental Health Services you to set up automatic timers, alerts Administration, is free and available for and SOS messages (in addition to your download to your phone. phone’s 911 capability). WWW.PHONESOAP.COM

2019 FEBRUARY 53 GBJ | Law Practice Management

The New Year is zooming by so fast. It seems like just yesterday we were look- Reaching Your Business ing at setting goals for the New Year and here we are in February. The resolutions Goals in 2019 you set (or didn’t) may feel like they have been relegated to the back burner, but it’s never too late to work on your business The practice of law is a business and focusing on it as such is just the goals. Whether you are the lead partner beginning. Your path to better business in 2019 can start with utilizing the in a small boutique firm with visions of services of the Law Practice Management Program. higher profits or a newly-knighted senior associate working for a much larger BY NATALIE R. KELLY contribution to your firm and shooting for partnership, you can receive business GETTYIMAGES.COM/MASTERZPHOTOIS

54 GEORGIA BAR JOURNAL help from the Law Practice Management benefits that can help both professionally Program staff are also keenly aware Program. Lawyers who’ve learned about and personally. To that end, you should of the growing number of external re- the Law Practice Management Program know what your Bar is doing for you to sources which can benefit members. are always intrigued with the number of help you reach your business goals effec- For instance, many of the library items business management resources available tively. Three of our most visible mem- just mentioned are from ABA Publish- to them with just a simple ask. ber benefits include Fastcase—free online ing and can be purchased by Georgia If you don’t know where to start, here’s legal research; Member Benefits, Inc., a lawyers at a discount. Just ask for Geor- a list of key points about the program and comprehensive insurance brokerage ser- gia’s ABA book discount code. Other its services. vice; and CloudLawyers, the enhanced external resources come in the form of membership directory that helps the legal podcasts, blogs, periodicals and public find a lawyer. Vendors who pro- even business management consultants Practice Management vide other benefits to our members can for business development and coaching. Consultations with Legal be located through the Online Vendor The list of products and services expands Technology Assessments Directory or just by talking with a LPM almost daily; the program can help point and Business Planning staff member. Simply knowing what ben- out those to help with your unique busi- The low-cost, confidential management efits are available can be a resource for ness needs. Whether it’s what one needs consultations offered assess your busi- your business. to open a practice after years of working ness needs and provide actionable advice elsewhere or what’s needed for someone to help you make progress in your prac- coming to practice just out of law school tice. The service now requires the com- Resource Library Business Titles to managing the day-to-day activities of pletion of a legal technology assessment Boasting more than 1,500 items, the pro- a thriving practice to closing down and (LTA). While you may initially hesitate gram’s resource library is arguably the retiring, the Law Practice Management at the idea of completing testing modules largest in the country, containing books, Program’s Resource Library is an invalu- and working through training guide an- DVDs and periodicals covering a wide able tool for success. swers to determine proficiency in basic range of practice management and busi- technologies such as word processing, ness topics. We love to recommend re- spreadsheets and PDFs, it’s an important sources that can help members with their Business Planning from the Start part of the process. The LTA uses those individual business decisions. The startup kit “Starting Your Georgia Law results to help change the course of your The library is kept up to date with Practice” is one of the most requested items practice as it relates to overall productiv- newer business-focused titles like: “Smarter by Bar members. Even lawyers who have ity and efficiency as it works to shore up Pricing, Smarter Profit; Legal Upheaval: A been in practice for many years find its in- any deficiencies you or your staff might Guide to Creativity, Collaboration, and formation useful. The program generally have with law firm technologies. Innovation in Law”; “The Early-Career recommends lawyers use this office startup The consultation process focuses on Guide for Attorneys: Starting and Building kit alongside a written business plan to get what’s wrong with the firm’s policies and a Successful Career in Law”; “The Associate your practice off the ground and moving. procedures for management, finances, as Rainmaker: Building Your Business Need help with a business plan? Check out technology and business development. It Brain”; “Accelerating Lawyer Success: The Lawyer’s Guide to Creating a Business works best when Bar members and their How to Make Partner, Stay Healthy, and Plan, a downloadable program that auto- staff fully engage in the process. While Flourish in a Law Firm”; “Legal Project mates creating a law firm business plan, some of the information provided seems Management: Control Costs, Meet available in the library. like common sense knowledge that could Schedules, Manage Risks, and Maintain The practice of law is a business and be picked up anywhere, the customized Sanity, Second Edition”; “Building a Better focusing on it as such is just the beginning. assistance you receive is keenly focused Law Practice: Become a Better Lawyer in Your path to better business in 2019 can on a firm’s very specific concerns and pain Five Minutes a Day”; “The Lawyer’s Guide start with utilizing the services of the points. Firms that take advantage of the to Creating a Business Plan”; and “How Law Practice Management Program. service can easily see gains as they work to to Build and Manage . . . (a practice-area Contact us today for more information continue firm growth, better manage staff series covering Family Law, Personal and assistance. l and resources, and ultimately prosper in Injury, Estate Planning, Entertainment their law practice business. Law, Environmental Law and Real Estate).” Natalie R. Kelly Check one out today and decide whether you want to include the title in your own Director, Law Practice Management Member Benefits Programs library. Just knowing you can build your State Bar of Georgia

The State Bar of Georgia is continually own library by starting here can be a plus [email protected] working to provide our members with for reaching your business goals.

2019 FEBRUARY 55 GBJ | Pro Bono

What’s Your Change Score?

Each of us is a part of the solution that ensures people who need access to a lawyer get a lawyer. Do Justice. Do 50. Be the change. BY MIKE MONAHAN

I don’t know about you, but I’m feeling challenged by changes in my profession that seem to pile up one on another. When I think I am adjusting to one change, one or two more appear. Two decades ago when I started working on pro bono and access to justice issues, the work was pretty much paper driven, involved the use of the telephone or fax machine and a Rolodex. We cold-called lawyers across Georgia asking them to handle divorces, child support cases and bankruptcies. Twenty years ago, we were not shy about detailing the difficulties the clients faced or about the potential ugly outcomes should the client not find a lawyer. The need for critical, basic legal services for low-income households remains overwhelming today. The challenge 20 years ago was finding data about legal needs of the poor and marginalized. Today, we have data, and it presents compelling reasons for change in the way we look at access to justice. Today we talk about pro bono in the language of opportunity. Our Georgia Legal Needs Study,1 published nine years ago, shows that 60 percent of low and moderate-income households experience at least one legal problem each year, yet studies show that the collective civil legal aid effort meets only about 20 percent of the

needs of these low-income Georgians. GETTYIMAGES.COM/TUK69TUK

56 GEORGIA BAR JOURNAL The 2017 Justice Gap Report2 of the PRO BONO STAR STORY Legal Services Corporation found that 86 percent of the civil legal problems DENISE VANLANDUYT reported by low-income Americans re- BY LAURIE RASHIDI-YAZD ceived inadequate or no legal help. Devel- Denise VanLanduyt oping research in Georgia indicates there Founding Partner are currently 1.1 million self-represented VanLanduyt Giles Greer, LLC litigants in Georgia courts. It’s a safe guess that many are self-represented not by choice but by financial circumstance. Fur- ther, the 2016 Justice Index, published by Denise VanLanduyt is a founding lieve we are each called to apply the National Center for Access to Justice, partner of VanLanduyt Giles Greer, our skills to purposes, causes and places Georgia far down the list at No. 36 LLC. She has practiced family individuals beyond our firm doors. out of 50 states and the territory of Puerto law for 15 years and is a frequent So, my helping to forge a partner- Rico.3 Our “Attorney Access” score in the speaker on legal issues impact- ship between Atlanta Legal Aid and Justice Index is just 3.069 out of 100. ing all types of families and Action Ministries who operate the As a lawyer, you should score yourself children. VanLanduyt is a trained Women’s Community Kitchen at in providing access to a legal remedy for mediator and arbitrator for family Grace United Methodist Church people in your community. If out of every disputes. Active in the DeKalb Bar just made sense. Working with Le- 10 people who come to you in a month Association, she helped form and gal Aid to host legal clinics during found the Family Law Section of the Women’s Community Kitchen, who can’t afford your hourly rate or re- the DeKalb Bar Association. She which provides lunch with grace tainer you serve two, do you know what is a past president of the DeKalb and hospitality, fills a void for happens to the eight whom you declined Bar Association and is actively women and children experiencing service? If you do, give yourself 10 points. involved with the Board for the transitions; specifically, with hous- Do you partner with agencies in your DeKalb Volunteer Lawyers Foun- ing. I am proud of my work with community to provide holistic services? dation. VanLanduyt serves on the Legal Aid and am honored to give If so, give yourself another 10 points. Are Atlanta Legal Aid Service Council of my time to help the women and you part of a referral network? 10 points. and is a frequent volunteer. children in our community who are Have you created a plan with your local “As lawyers, we are extremely most in need.”—Denise VanLanduyt fortunate to do what we do. I be- legal aid program for participation in pro bono, advice clinics or online advice? That’s 25 points. Have you completed your “Find a Lawyer” profile on the State Bar of Georgia website? Again, 25 points. Each of us is a part of the solution divorce from start to finish. Yes, our pro Endnotes that ensures people who need access to bono and legal aid programs and their cli- 1. https://www.google.com/url?sa=t&rc a lawyer get a lawyer. Every lawyer has ents would certainly appreciate your help t=j&q=&esrc=s&source=web&cd=1& a professional responsibility to provide with divorces. But pro bono services are ved=2ahUKEwj1ipWXkf_fAhUGGt8 legal services to those who are unable to changing and we hope you have noticed. KHTZTAHAQFjAAegQIChAC&url= pay. Under Georgia Bar Rule 6.1, a lawyer You can also spend two hours on a Friday https%3A%2F%2Fwww.americanbar. org%2Fcontent%2Fdam%2Faba%2 should aspire to render at least 50 hours or Saturday at a free legal advice and brief Fadministrative%2Fdelivery_legal_ of pro bono legal services per year and services clinic near you or you could go visit services%2Fdownloads%2Fgeorgia_ contribute financially to support legal aid your local courthouse law information cen- legal_needs_study.pdf&usg=AOvVaw3P programs. There is nothing new about ter to volunteer. Volunteer on a helpline or 90txDeeDK3qYM5AQABm8 this aspirational goal. What is very dif- train volunteers in your area of expertise. 2. https://www.lsc.gov/media-center/ ferent now is that the aspirational pro Check out our volunteer support publications/2017-justice-gap-report bono goal for lawyers is viewed within sites—GeorgiaAdvocates.org and LegalAid 3. https://justiceindex.org/2016-findings/ a much more expansive access to justice ProBono.org. We’ll show you options. findings/#site-navigation “triage” context in which the organized Due Justice. Do 50. Be the change. l bar, courts, legal aid and nonprofits work together to assure that every person com- Mike Monahan ing into the civil legal system receives an appropriate level of service. Director, Pro Bono Resource Center You may think that pro bono service State Bar of Georgia means you are on the hook to handle a [email protected]

2019 FEBRUARY 57 GBJ | Section News

State Bar Construction Law Section Building Its Membership

In November, the State Bar of Georgia’s Board of Governors approved the creation of a new section, the Construction Law Section. The Journal sat down with three members of the Bar who proposed the section: Peter Crofton, Greg Smith and Darren Rowles. Here is what they say about the section and why you should support it.

GBJ: What is the purpose of the Construction seeking to grow existing ones and seek- Law Section? ing to expand the workforce that powers DARREN: The Construction Law Section these companies. Attorneys across the is a place for Georgia lawyers to meet and state are involved with the construction exchange information relating to construc- that makes this growth possible—from tion issues. Many Georgia lawyers deal new offices in the metro-Atlanta area with construction-related issues as part of to new plants and distribution centers their practice, even if their practices do not in Savannah and Albany. And new live- focus on serving the construction industry. work-play centers are springing up in This section allows all of these lawyers to many communities in the state. The fre- network and exchange information and quency of large projects in the metro area ideas concerning a wide range of construc- and easy access to air travel contributed tion issues. This includes in-house attor- to making Atlanta a hub for construction- neys, attorneys in firms and attorneys with related legal activity. Increasingly, how- government entities. This section will as- ever, lawyers outside of metro-Atlanta, sist attorneys across the state who work on and lawyers with a more generalized construction contracts, disputes or regula- practice than just construction, can bene- tory/compliance issues. fit from information about construction- related legal topics. This section creates a GBJ: Why is there a need for the section for statewide network of attorneys working the State Bar of Georgia? on the same type of issues. GREG: Georgia has many lawyers and specialty groups and firms that practice GBJ: What are some trends and legal issues construction law. In fact, many con- those in the construction industry are facing? sider Georgia to be the birthplace of the PETER: The construction industry is construction law practice. Construction changing rapidly. Skilled and unskilled spending topped $15 billion in Georgia labor and specialty tradespersons last year, not including residential con- such as electricians and plumbers are struction spending. Georgia is aggressive- increasingly in demand as construction

ly seeking new businesses and industries, is ramping up and the supply of skilled GETTYIMAGES.COM/BILLOXFORD

58 GEORGIA BAR JOURNAL Peter M. Crofton is a partner in the Greg K. Smith is counsel in the Construction Darren G. Rowles is an associate in Construction Law Practice of Smith, Gambrell and Government Contracts Practices at the Construction Law, Litigation and & Russell, LLP. Smith, Gambrell & Russell, LLP. Sustainability Practice of Smith, Gambrell & Russell, LLP.

l Work with other state bars to tradespersons dwindles. New materials DARREN: This section is not just for and new equipment such as drones construction attorneys. It will benefit provide educational opportunities to and 3D modeling are changing the way anyone with clients involved in the con- address construction-related issues of projects are built. Fluctuations in material struction industry. This includes own- a cross-border nature; costs remain a concern due to tariffs ers, developers, design-builders, con- l Offer social gatherings for attorneys on imported materials, such as steel. struction managers, general contractors, that allow construction law practi- Infrastructure projects such as roads and subcontractors, suppliers and designers tioners to build relationships that ports are increasingly critical as goods are (architects and engineers). improve civility in the Bar; manufactured and transported across the l Host forums and blogs that allow states, the nation and the world. How will the section assist its members? GBJ: members to share ideas about break- The Construction Law Section PETER: ing topics and issues; and GBJ: Are there issues and trends specific provides a place for the many attorneys to Georgia? involved in these development projects l Provide outreach to underserved participants in the construction GREG: Georgia and neighboring states to access information about construction- such as Florida, South Carolina and related legal issues while building a com- industry, especially Hispanics who Alabama are seeing similar challenges munity of Georgia lawyers who deal with account for approximately 40 percent and opportunities in their construction construction issues, either daily or occa- of the industry. markets. Contractors and laborers often sionally. The section offers its members cross state lines to perform work. Geor- a place to: How does somebody join the section? gia’s ports, roads and railroads are used GBJ: You can join now by visting by manufacturers and retailers across PETER: l Find articles and other resources con- www.gabar.org and logging in to your the country. Cities such as Atlanta, cerning construction topics in Georgia; member profile. You can also join the Charlotte, Birmingham and Miami are l section when you renew your Bar dues. l seeing booming housing markets. As Foster collaboration and network- a result, Georgia lawyers often work ing between lawyers who address with lawyers in our sister states as proj- construction-related issues; Ready to join? Visit www.gabar.org > Member ects are constructed. l Serve as a conduit to the State Bar Login > Section Membership > Join Sections. and the state government concern- Questions? Email [email protected] or Is the section only for construction at- ing statutory or regulatory issues that GBJ: [email protected]. torneys or can anyone join? require attention;

2019 FEBRUARY 59 GBJ | Member Benefits

1 Fastcase 7— Five Things That Make It a Great Member Benefit

Fastcase training classes are offered three times a month at the State 2 Bar of Georgia in Atlanta for Bar members and their staff. Training is available at other locations and in various formats and will be listed on the CLE Course Schedule at www. gabar.org. Please call 404-526-8618 to request onsite classes for local and specialty bar associations. BY SHEILA BALDWIN

Fastcase 7 (FC7) was first introduced to the members of the State Bar of Georgia in Nov. 2016 with the latest version debuting in Oct. of 2018. If you were a first adopter and haven’t recently logged in to the latest version, you may want to give it a second look. I think 3 you’ll find it’s worth investing a little time to discover why it’s been well received by legal technology experts. The FC7 update, referred to as Fastcase 7.3, cleared up some of the kinks and awkward visual displays that hampered ease of use in the beta version. Most of us hate change, but when we take time to look at the big picture, we are often pleased to discover the new look or new way of doing things will serve us well. Hopefully, Fastcase 7 will prove to be one of these happy

60 GEORGIA BAR JOURNAL discoveries. This article introduces some case. To view the timeline with maxi- of my favorite changes, and I hope this mum effectiveness, expand to full screen encourages you to give it a shot. by clicking on the up arrow at the top of the interactive box. Each case in your results list is represented on the timeline Browse Libraries by a circle, the larger the circle, the more Searching data by keywords is a useful and times it’s been cited. The gray circle in- necessary way to find legal materials, but dicates how many times a case has been sometimes it’s good to be able to see stat- cited overall. The blue circle indicates utes or rules by going to the source to view how many times a case has been cited by it in an indexed format. Select Outline in a case in your list of results, thus creat- the toolbar that runs along the top of your ing a super relevant set of cases due to screen from the homepage and then pick the having the same search terms. Forecite jurisdiction by state from the map. A screen cases are those that appear in your results will appear with primary and secondary not in response to your query, but by the materials (see fig. 1). The case opinions are fact that they are most common to all join not indexed but statutes, rules and regula- cases in your results list. The legend on tions will be and will also include archives. the top right side of the timeline allows us you to view any set of these cited cases by clicking on the corresponding term. Bottomless Searching Additionally, Fastcase now flags cases Results now show up in the middle col- that indicate negative history by show- umn after you enter your query and run the ing them as a red circle (see fig. 2). search. They collect and sort by way of rel- evance unless you change to another option available from the Sort By tab on the up- Tutorials per right of your results screen. In the past The Fastcase support page continues to facebook.com/ you had to click through pages to get to the add more teaching aids that are accessible statebarofgeorgia next group of 20 results; now they collect in at any time. The tutorials are especially GeorgiaYLD an endless list. This saves time and makes useful because they explain features in them easier to view because you won’t have short clips which allows you to get right to wait for a page to refresh in the event to the information that you need. The @stateBarofGA you have a poor internet connection. five-minute tutorial “Nuts and Bolts: @georgiaYLD Short Demonstration of Searching,” would be a good one to start with. All History tutorials are accessible from the tutorial flickr.com/ Fastcase 7 holds the most recent 10 searches link under the help menu, located under statebarofgeorgia on the personalized start page. To find ad- the question mark icon on the top right of yld ditional history, click on the refresh clock the page (see fig 3). icon on the toolbar at the top right for ac- If you find you’re not taking advantage cess to each search you have conducted. The of this valuable member benefit, please youtube.com/ tab on the left of the screen also includes sign up for in-person training here at statebarofgeorgia your document history, listing documents the Bar or participate in a webinar by yld such as cases, statutes or rules that have Fastcase experts; CLE credit is available been viewed and not limited to 10 as in for either option. l Fastcase 6. The Favorites tab contains those @statebarofga you choose to save and are also limitless. To @georgiayld rerun the search or open a document, click Sheila Baldwin on the icon on the far right of the item. Member Benefits Coordinator State Bar of Georgia linkedin.com/ [email protected] state-bar-of-georgia Interactive Timeline with Red Bubbles The interactive timeline is a powerful www.gabar.org data visualization tool unique to Fast-

2019 FEBRUARY 61 GBJ | Writing Matters

Expert legal writers take time to In addition, adverbs mask undevel- reflect on the writing process and are oped ideas, analysis or arguments. The Small thoughtful about approaching writing, two adverbs that often signal this are considering how to further enhance and “clearly” and “obviously.” Telling the Changes, refine their legal writing skills. That in- reader a point is “clear” or “obvious” is cludes thinking about the goals of writ- not necessary if it is so. Don’t let adverbs Big Impact ing more efficiently and effectively. This stop you from explaining the steps, the installment of “Writing Matters” shares policies and assertions. seven small changes that will help you Monitoring for adverbs will make reach both goals. your writing more effective. To effi- Making these small changes can ciently do so, search your writing for help you think about the goals “ly” to spot them, and see if you’re letting of writing more efficiently and Monitor Adverbs adverbs get in the way of the best word. effectively. 1An adverb modifies or qualifies a Use adverbs deliberately. BY KAREN J. SNEDDON verb, adjective or other adverb, and they AND DAVID HRICIK often end in “ly.” They are useful, but the general rule of legal writing applies to Favor the Active Voice them: do not use two words when one 2Good writers often caution against will do. Adverbs violate that rule when using the passive voice because it is used to bolster a weak word. He drove viewed as inefficient, weak or potentially quickly through the intersection is fine, but vague. For example, the following He sped through the intersection is better. sentence is written in passive voice: The GETTYIMAGES.COM/AGROBACTER

62 GEORGIA BAR JOURNAL email was written by Nora. Nora performed gether related sentences. A strong para- especially true when writers select tran- the action but only appears at the end of graph includes the information critical to sition words and phrases. Just look over the sentence. In contrast, the sentence the purpose of that paragraph. The first a text you recently created. Does “more- leads with the object of the sentence, sentence of the paragraph, called the the- over” appear repeatedly? Are you a fan of what Nora created. Not only are passive sis sentence, establishes the focus of the “additionally” or “in contrast”? See “how- constructions usually longer, they can paragraph. Each sentence then relates to ever” in every paragraph? be inefficient because our brains favor the thesis sentence by providing relevant Transitions help readers navigate the information presented first and so the reasons, explanations and examples. A text by underscoring how the topics, email, not Nora, is prominent. Nora wrote strong paragraph then concludes with a ideas, concepts, rules, policies and facts the email is a crisp four word sentence that final sentence, called the takeaway sen- relate to each other. Relying on the same leads with the actor, a strong verb, and tence, which may signal the end of an idea transition can lose the reader. So, again, concludes with the object of the action. or connect the paragraph to the look at a page you recently finished to see So review for passive constructions. next paragraph. if you are repeating the same transitions. On occasion, passive voice can be used to Length is not key: there is no “right” If so, find alternatives. emphasize the object of the sentence. Fa- number of sentences, and short para- voring active voice allows you to deliber- graphs are not necessarily strong para- ately use passive voice when passive—not graphs. Rather than adhering to arbitrary Include Key Quotations active voice—is the better choice. rules about the number of sentences 7Language is critical in legal writing. in a paragraph or the number of para- For that reason, legal writers frequently graph breaks per page, review your need to include quotations from stat- Limit “it is” and “there are” paragraphing from the reader’s per- utes or cases, or from documents, such 3Constructions spective of what information should be as transcripts or contracts. Despite the Legal writers should favor strong sentence packaged together. need for and authoritative power of quo- constructions. Two weak sentence con- tations, use them sparingly to achieve structions use “it is” and “there are.” Both the greatest impact. Rather than quote, constructions allow for what is called a de- Vary Sentence Length paraphrase the concept or point. Save layed subject: the subject of the sentence is 5Legal writing can become dense with the quotations for the critical language, introduced late in the sentence. Consider complex ideas presented with increas- and use short, to-the-point quotations the following sentence: It was the committee ingly complex syntax. Those complex not block quotes. who held the meeting. The “it is” construc- sentences can become long and mean- So, again, take a look at something you tion delays the presentation of the actor. dering and so difficult for the reader to just wrote. Are you a slave to quotations? The committee held the meeting or The com- comprehend. Readability and compre- And, above all, beware the bland block mittee met are clearer and shorter. hension studies suggest that most sen- quotation—studies show that readers The “it is” and “there are” constructions tences should be less than 25 words long. actually skip over them! l can also attract unnecessary words and di- Those studies also show that a reader is lute the meaning of sentences. Consider more engaged with text if the sentence the following sentence: It is important to length varies. Karen J. Sneddon is a create strong sentences. The “it is” construc- Good legal writing eliminates long professor of law at Mercer tion delays the presentation of the key constructions and separates dense sen- University School of Law. part of the sentence. Create strong sentenc- tences into multiple sentences. See how es. Legal writers always aim for that goal, you are doing. Select a page you recently and so review your writing for these weak wrote and calculate the average number David Hricik is a professor constructions and eliminate them. of words in each sentence and look for a of law at Mercer University variety of sentence lengths. School of Law who has written several books and more than a dozen articles. Embrace Thoughtful The Legal Writing Program at Mercer 4Paragraphing Use a Variety of Transitions continues to be recognized as one of Paragraphs help writers develop complete 6We all have favorite phrases that re- the nation’s top legal writing programs. analysis and arguments by bundling to- appear throughout our writing. This is

2019 FEBRUARY 63 GBJ | Professionalism Page

Convocation on Professionalism and the Global Community

The purpose of the Convocation was to model professionalism while discussing a high-conflict issue and to demonstrate the ways in which attorneys have implemented “A Lawyer’s Creed” and the “Aspirational Statement” in their work with the global community. BY LESLIE E. STEWART

On Nov. 30, 2018, the Chief Justice’s Commission on Professionalism (the Commission) held its Convocation on Professionalism (the Convocation) at Atlanta’s Porsche Experience Center. This year, the Convocation theme was Professionalism and the Global Commu- nity, which focused on the professionalism values of competence, civility, character, and commitment to the rule of law and the public good. The purpose of the Convocation was to model professionalism while discussing a high-conflict issue and to demonstrate the ways in which attorneys have implemented “A Lawyer’s Creed” and the “Aspirational Statement” in their work with the global community. The event, which was sponsored by Squire Patton Boggs, Miller & Martin PLLC and Alston & Bird LLP, was well- received by the attendees. The speakers included an array of notables and dig- nitaries with ties to Georgia, beginning with Supreme Court of Georgia Chief Justice Harold D. Melton, who urged the attendees to demonstrate professionalism through service to their community,

PHOTO BY DON MORGAN PHOTOGRAPHY a key element of “A Lawyer’s Creed” and Supreme Court of Georgia Chief Justice Harold D. Melton the “Aspirational Statement.”

64 GEORGIA BAR JOURNAL The first panel, “Overview of the The Convocation’s keynote speaker, quent burnout on the part of those work- Global Community in Georgia,” was fa- Randolph “Randy” Evans, U.S. Ambassador ing full time in this area. cilitated by Javier Díaz de León, Consul to Luxembourg, described his humble The final panel of the day, “Ethics, Reg- General of Mexico. Two judges, Hon. beginnings in Georgia and how the values ulatory and Procedural Issues in Interna- Meng H. Lim, Tallapoosa Circuit Su- instilled in him by his family continue to tional Practice,” was facilitated by Shelby perior Court, and Hon. Dax E. Lopez, influence the way in which he deals with R. Grubbs, from Miller & Martin. Along DeKalb County State Court, spoke mov- his professional duties—of treating each with Paula Frederick, general counsel of ingly about how their judicial careers person with respect and dignity. the State Bar of Georgia and Ben Greer have been influenced by their experi- After lunch, the next panel, “What Jr., retired partner at Alston & Bird, the ences of straddling two cultures. Abby Lawyers Need to Know about Labor presenters discussed the competing ethi- Turano, deputy commissioner for Inter- Trafficking,” focused on the darker side cal standards that attorneys must negotiate national Relations, Georgia Department of doing business in the global commu- in international work and the necessity of of Economic Development, explained nity. The moderator, Hon. Richard Sto- adhering to Georgia standards regardless how and why Georgia welcomes foreign ry, judge, U.S. District Court, Northern of cultural or ethical differences. businesses to Georgia. District of Georgia, oversaw a lively The Convocation offered a marvel- The second panel, “A View from Gen- discussion between Norm Brothers, ous opportunity for in-person attendees eral Counsels of Companies Doing In- senior vice president and general coun- to learn about how the principles of pro- ternational Business,” was moderated by sel for UPS; Susan Coppedge, former fessionalism impact our legal work in the Shelby S. Guilbert Jr. from King & Spald- U.S. Ambassador-at-Large, the Office global community. Commission member ing. The panelists, including Angus M. to Monitor and Combat Trafficking in Hon. Carla McMillian, Court of Appeals Haig, senior vice president and general Persons, and senior advisor to the Sec- of Georgia, tweeted throughout the day counsel for Cox Automotive, and Ricardo retary of State (Ret.); and Jay Doyle of at @cjcpga in English and Spanish with Nuñez, senior vice president and general Lewis Brisbois Bisgaard & Smith LLP. the help of Commission member Maria counsel for Schweitzer-Mauduit Interna- This panel focused on the way in which F. Mackay, a Georgia certified interpreter tional, described their challenges and how government and private business have who provided Spanish interpretations of core values affect their roles as interna- collaborated to combat the scourge of the proceedings for McMillian to tweet. tional general counsels. Audrey Boone human trafficking. Commission advisor Jennifer Davis and Tillman, executive vice president and The attendees were then treated to a Commission liaison Dee Dee Worley pro- general counsel for AFLAC, portrayed presentation on “An Overview of Profes- vided invaluable “behind the scenes” staff the challenges and successes of being a sionalism in Immigration Cases” by James assistance for the event throughout the day. woman of color supervising attorneys in McHenry, director of the Executive Office The Commission staff was grateful for the Japan. Joseph Folz, vice president, general for Immigration Review at the Depart- support of the Commission members and counsel and secretary for Porsche Cars ment of Justice, who unpacked the com- other Convocation contributors and plan- North America, shared his experiences plex hearing procedures surrounding this ners who provided invaluable assistance working for a German-based company. timely topic. for this immensely successful Convocation. The third panel, “The Business Pros The second afternoon panel, “Emerg- More information about the Convocation and Cons of Developing a Formal Work- ing Issues and Pro Bono Opportunities and other upcoming Commission events, ing Relationship with an International for Attorneys as a Result of Changes in including the 20th Annual Justice Robert Lawyer or Law Firm,” was facilitated by Immigration Laws,” was moderated by Benham Awards for Community Service, Petrina A. McDaniel from Squire Patton Phil Sandick from Alston & Bird. The is available on the Commission’s website Boggs. Tricia “CK” Hoffler, principal at panelists were Audra Dial from Kilpat- at www.cjcpga.org. l The CK Hoffler Firm, regaled the attend- rick Townsend & Stockton, Jorge Andres ees with her vivid descriptions of being Gavilanes from Kuck Baxter, Monica threatened by automatic gunfire as a re- Khant, executive director of the Geor- Leslie E. Stewart is a child sult of a cultural miscalculation while she gia Asylum and Immigration Network, welfare attorney and has represented an un-named government. and Willis Linton Miller from The Latin served as a Supreme Court Therese Pritchard, from Bryan Cave and American Association. During this panel, Fellow on Georgia’s Cold Case project since March 2009 Robert Tritt, Dentons US LLP, discussed the speakers touched on the need for pro and is also a contractor with the Chief the necessity of retaining competent local bono assistance on these important cases Justice’s Commission on Professionalism. counsel in international cases. due to an upsurge in work and the conse-

2019 FEBRUARY 65 GBJ | In Memoriam

In Memoriam honors those JACK T. BRINKLEY JR. JULE B. GREENE CHRISTINE MARIE MANNO members of the State Bar of Columbus, Georgia Macon, Georgia Blairsville, Georgia Georgia who have passed Mercer University Walter Mercer University Walter California Western School away. As we reflect upon the F. George School of Law F. George School of Law of Law (1996) memory of these members, we (1981) (1950) Admitted 2017 are mindful of the contribu- Admitted 1981 Admitted 1950 Died November 2018 Died November 2018 Died November 2018 tions they made to the Bar. THOMAS BALDWIN Each generation of lawyers is RUSSELL D. COLTON STEPHEN W. IRVING MARTIN JR. indebted to the one that Sandy Springs, Georgia Clarkston, Georgia Macon, Georgia precedes it. Each of us is the Woodrow Wilson College Mercer University Walter Northwestern University recipient of the benefits of the of Law (1962) F. George School of Law Pritzker School of Law learning, dedication, zeal and Admitted 1962 (1979) (1950) standard of professional Died August 2018 Admitted 1979 Admitted 1948 responsibility that those who December 2018 Died April 2018 have gone before us have KELLY O’MALLEY COOGAN contributed to the practice of Atlanta, Georgia DON M. JONES JON B. MCPHAIL law. We are saddened that they Indiana University Loganville, Georgia Alpharetta, Georgia are no longer in our midst, but Maurer School of Law University of Alabama University of Virginia (1994) privileged to have known them School of Law (1961) School of Law (1982) Admitted 1997 Admitted 1972 Admitted 1982 and to have shared their Died December 2018 Died November 2018 Died January 2019 friendship over the years. WILLIAM H. DODSON II BRUCE W. KIRBO MICHAEL JOSEPH MILLER Atlanta, Georgia Bainbridge, Georgia Douglasville, Georgia Emory University School University of Georgia Samford University of Law (1972) School of Law (1951) Cumberland School of Admitted 1972 Admitted 1951 Law (2000) Died January 2019 Died December 2018 Admitted 2000 Died November 2018 ROBERT M. DRAKE JEFFERSON D. KIRBY III WENDELL B. ALCORN JR. Albany, Georgia Pawleys Island, GERALD S. MULLIS Williamsburg, Virginia University of Georgia South Carolina Macon, Georgia University of Houston School of Law (1952) University of Virginia Mercer University Walter (1969) Admitted 1952 School of Law (1964) F. George School of Law Admitted 1975 Died June 2018 Admitted 1968 (1951) Died September 2018 Died December 2018 Admitted 1951 NICHOLAS G. DUMICH Died July 2018 ABRAHAM ALHADEFF Marietta, Georgia RICHARD EARL KRAMER Atlanta, Georgia Samford University Tallahassee, Florida MEYER H. ROSE Atlanta's John Marshall Cumberland School of Stetson University Atlanta, Georgia Law School (1959) Law (1977) College of Law (1986) Woodrow Wilson College Admitted 1961 Admitted 1977 Admitted 1991 of Law (1981) Died April 2018 Died November 2018 Died November 2018 Admitted 1981 Died November 2018 JAMES H. BRATTON JR. ANDREW W. ESTES DARYL G. LECROY Atlanta, Georgia Brasstown, North Carolina Atlanta, Georgia WILLIAM NELSON SEARCY Yale Law School (1956) Emory University School Woodrow Wilson College Savannah, Georgia Admitted 1957 of Law (1968) of Law (1973) University of Georgia Died January 2019 Admitted 1968 Admitted 1973 School of Law (1967) Died November 2018 Died October 2018 Admitted 1967 JOSEPH H. BRILEY Died December 2018 Gray, Georgia CICERO GARNER JR. LYNWOOD A. MADDOX Mercer University Walter Panama City Beach, Atlanta, Georgia J. DAVID SMITH F. George School of Law Florida Atlanta’s John Marshall Clayton, Georgia (1961) University of Georgia Law School (1954) University of Georgia Admitted 1961 School of Law (1961) Admitted 1954 School of Law (1981) Died December 2018 Admitted 1960 Died December 2018 Admitted 1981 Died November 2018 Died December 2018

66 GEORGIA BAR JOURNAL STEPHEN L. THOMPSON Belize City, Belize OBITUARY Emory University School of Law (1979) Admitted 1979 Distinguished real property Fellow Pindar Award recipient and former RPLS Died November 2018 lawyer William H. “Bill” Dodson II, chair Carol Clark remembers Dodson as someone passed away on Jan. 1, 2019, at the who “made practicing law fun. His humor in the RAYMOND EVAN TILLERY JR. age of 71. countless seminars we shared was sparkling, self- Columbus, Georgia Dodson was born in Panama on deprecating and always brought a fresh perspective West Virginia University Sept. 8, 1947, to William H. Dod- to the issue du jour. We sparred often with dispa- College of Law (1990) son and May Elizabeth Dodson. He is survived by rate legal positions but always with mutual respect.” Admitted 1993 Mary Dodson, his wife of more than 40 years. He Another fellow Pindar Award recipient, Marcus Died January 2019 is also survived by his brother, Mark Dodson, and Calloway, remembers Dodson as a leader in the TERESA O’PRY WEINER his sisters, Barbara Dodson, M.D., Claudia (Dee world of commercial real estate who was “respon- Jonesboro, Georgia Dee) Brook and Donna Dodson McTighe. sible for the education of so many people in our Atlanta’s John Marshall Dodson graduated in 1972 from Emory Law industry. His willingness to share his knowledge Law School (1978) School and began his legal career with the firm of has helped create the love we all have for him. His Admitted 1979 Died November 2018 Greene, Smith, Davis & Dodson in Marietta. From passing has caused a void that will never be filled.” 1982 until 1990, he practiced with Cashin & Davis Dodson was renowned for his quotes, which in Atlanta, and with Stephenson & Dodson in Mar- came to be known as “Dodsonisms” and were ietta. Since 1990, Dodson was a principal in the law words he lived by every day. In his real estate firm of Dodson, Feldman & Dorough in Atlanta, practice, he lived by the mantra, “The very first which became Dodson & Feldman, and eventually thing you have to ask is, who owns the dirt? You William H. Dodson, II LLC. He was a member of can’t do anything with it unless you own it, it’s the state bars of Georgia and Florida, the Atlanta just that simple.” He was once heard to remark, Bar Association and the American Bar Association. “I’m sorry your property didn’t close, Joe, but I Over the past 30 years, Dodson has been can’t make a silk purse out of a sow’s ear.” He ob- instrumental in drafting, rewriting, amending served that “if you’re not embarrassing yourself, and improving numerous pieces of legislation in then you are not expanding your experience.” He Georgia, as well as the Georgia Title Standards. advised younger lawyers that “you can’t ever be- He was also a key player in the establishment come a great big oak tree if you are standing in of the Georgia Superior Court Clerks Coopera- the shadow of another oak tree.” And he remind- tive Authority (GSCCCA) and their now-indis- ed himself often: “The only and most important pensable statewide database of title records. In thing I have to sell is my reputation.” 2001, Dodson served as chair of the State Bar’s Dodson had a deep and abiding love for the Real Property Law Section (RPLS), and in 2007 great outdoors. He ran numerous marathons and he was the recipient of the George A. Pindar other races, including 40 Peachtree Road Races. Award, the highest honor given each year by the He was a race car enthusiast during the 1970s and RPLS. The main objective of the Pindar Award, 1980s and held leadership positions with the At- according to the official nominating criteria, is lanta Region of the Sports Car Club of America. to honor a member of the section “who unself- He loved fly fishing and bird hunting and was ishly gives of him or herself for the benefit of a dedicated member of the Burge Club and the the bar.” Chastain Park Conservancy. l

2019 FEBRUARY 67 GBJ | CLE Calendar

FEBRUARY

11-15 ICLE: CLE by the Sea 2019 27 ICLE: Fundamentals of Health Care Law Honolulu, Hawaii | 12 CLE Atlanta, Ga. | 6 CLE 12 ICLE: Personal Injury Law Clinic IV Atlanta, Ga. | 2 CLE 28-MAR 1 ICLE: Truck Wreck Cases Atlanta, Ga. | 6 CLE 13 ICLE: Advanced Securities Law Atlanta, Ga. | 6 CLE 13-14 ICLE: Social Security Institute Atlanta, Ga. | 10 CLE MARCH 14 ICLE: Ancient Foundations 1 ICLE: Banking Law and Modern Equivalents Atlanta, Ga. | 6 CLE Michael C. Carlos Museum 1 ICLE: Georgia Auto Insurance Claims Law Atlanta, Ga. | 2.5 CLE Macon, Ga. | 6 CLE 14 ICLE: Abusive Litigation 6 ICLE: Whistleblower Law Symposium Atlanta, Ga. | 6 CLE Atlanta, Ga. | 7 CLE 15 ICLE: Attorney’s First Aid Kit 7 ICLE: 16th Annual Nonprofit Law Seminar Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 20 ICLE: 27th Annual Product Liability Seminar 8 ICLE: Milich on Evidence Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 21 ICLE: Internet Research 8 ICLE: Trial and Error Athens, Ga. | 6 CLE Atlanta, Ga., and satellite locations | 6 CLE 21 ICLE: Negotiated Corporate Acquisitions 11 ICLE: Crossing the Line Atlanta, Ga. | 6 CLE (You Define the Moment) 22 ICLE: Recognizing Employment Claims Atlanta, Ga. | 3 CLE Savannah, Ga. | 2.5 CLE 12 ICLE: March Group Mentoring 22 ICLE: 26th Annual Criminal Practice Atlanta, Ga., and via satellite in Savannah Kennesaw, Ga. | 6 CLE and Tifton | 0 CLE 22 ICLE: 28th Annual Georgia Bar Media 12 ICLE: Personal Injury Law Clinic V and Judiciary Conference Atlanta, Ga. | 2 CLE Atlanta, Ga. | 6 CLE 12-13 ICLE: 12th Annual Arbitration Institute 26 ICLE: Beginning Lawyers Program Atlanta, Ga. | 7.5 CLE Atlanta, Ga., and via satellite in Savannah 13 ICLE: Negotiation Strategies for Lawyers and Tifton | 6 CLE Atlanta, Ga. | 6 CLE 26 ICLE: Hidden Legal Figures Atlanta, Ga. | 3 CLE

68 GEORGIA BAR JOURNAL 2019 FEBRUARY 69 Note: To verify a course that you do not see listed, please call the CLE Department at 404- 527-8710. Also, ICLE seminars only list total CLE hours. For a breakdown, call 678-529-6688. For ICLE seminar locations, please visit www.gabar.org.

22 ICLE: Professionalism and Ethics Update 13 ICLE: ADR in the Workers’ Compensation Atlanta, Ga., and satellite locations | 3 CLE Arena Atlanta, Ga. | 6 CLE 22 ICLE: Recognizing Employment Claims Martinez, Ga. | 2.5 CLE 13 ICLE: Annual Sports Law Seminar Atlanta, Ga. | 3 CLE 26 ICLE: Beginning Lawyers Program Rebroadcast 14 ICLE: 8th Annual Family Law Issues Atlanta, Ga., and satellite locations | 6 CLE for the Modern Family Atlanta, Ga. | 6 CLE 27 ICLE: 10th Annual Employee Benefits Law Section 14 ICLE: Litigation: Soup to Nuts Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 27 ICLE: Handling Big Cases 14 ICLE: Trial and Error Rebroadcast Atlanta, Ga. | 6 CLE Atlanta, Ga., and satellite locations | 6 CLE 28-30 ICLE: General Practice and Trial Law Institute 15 ICLE: Recognizing Employment Claims St. Simons Island, Ga. | 12 CLE Columbus, Ga. | 2.5 CLE 28 ICLE: Not Your Typical CLE 15 ICLE: Proving Damages Atlanta, Ga., and via satellite in Savannah Atlanta, Ga. | 6 CLE and Tifton | 6 CLE 15 ICLE: Winning Settlement Strategies 28 ICLE: Toxic and Mass Torts Atlanta, Ga. | 6 CLE Atlanta, Ga.| 6 CLE 19 ICLE: Advanced Topics in Franchising 29 ICLE: Entertainment Law Institute and Distribution Atlanta, Ga. | 6 CLE Atlanta, Ga. | 3 CLE 29 ICLE: Thinking Inside the Box 19 ICLE: Business Litigation Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 29 ICLE: Professionalism and Ethics Update 20 ICLE: Secured Lending Rebroadcast Atlanta, Ga. | 6 CLE Greensboro, Ga. | 3 CLE 20 ICLE: Post Judgment Collection Atlanta, Ga. | 6 CLE 21 ICLE: Pushing Buttons Atlanta, Ga. | 6 CLE 21 ICLE: Professional and Ethical Dilemmas in Litigation Atlanta, Ga., and via satellite in Savannah and Tifton | 3 CLE 22 ICLE: Agriculture Law Macon, Ga. | 6 CLE 22 ICLE: Basic Fiduciary Practice Atlanta, Ga., and via satellite in Savannah and Tifton | 6 CLE

68 GEORGIA BAR JOURNAL 2019 FEBRUARY 69 “And Justice for All” State Bar Campaign for the Georgia Legal Services Program® (GLSP)

Ms. Walker’s golden years grew dark when her home became at risk of foreclosure.

Ms. Walker contacted the Georgia Legal Services Program about a foreclosure notice she received despite having receipts for regular loan payments. The GLSP lawyer discovered the loan servicing company was charging Ms. Walker 400% more for homeowner insurance than she could have obtained from the market, and this expense was causing her escrow, and therefore, her monthly payments to rise significantly from the monthly payments she thought she owed. The loan servicing company’s harassing phone calls demanding Ms. Walker to pay different amounts of money made it difficult for her to work effectively with the company to resolve the problem. Ms. Walker stated she had gone without food, lost weight, and endured sleepless nights worrying about keeping her home. The GLSP lawyer was able to stop the foreclosure, get market rate homeowner insurance, stabilize the escrow, and set up bank deductions from Ms. Walker’s bank account to avoid further delinquencies. Please give at www.glsp.org (Click on Donate Now). Thank you for your generosity and support!

2019 “And Justice for All” State Bar Campaign for the Georgia Legal Services Program®

The Georgia Legal Services Program (GLSP) is a 501(c)(3) nonprofit law firm. Gifts to GLSP are tax-deductible to the fullest extent allowed by law. The client story is used with permission. The name and photo does not necessarily represent the actual client.

Ten (10) GLSP offices outside metro Atlanta serve 154 of Georgia’s 159 counties. Your gift makes a difference! GBJ | Classified Resources

Property/Rentals/Office Space Three offices for rent in existing law firm. All utili- ties and furniture with greeter included. $730/mo. month- Prime Buckhead Peachtree Offices for Rent—Brand to-month or $650 on a one-year lease. 2650 Holcomb Bridge new, award-winning, high tech Class A offices on glass in Road, Suite 110, Alpharetta, GA 30022. new Peachtree Tower. Client wow factor. Peachtree views. Concierge service, valet parking, three restaurants, across from Phipps Plaza. Support staff. Share with other former big firm Products/Services lawyers. Referral work with opportunities. Contact: rlmoss@ mossgilmorelaw.com. Appeals, Briefs, Motions; Appellate and Trial Courts, State, Civil and Criminal Cases, Post Sentence Remedies. Georgia Brief Writer and Law researcher. Reasonable rates, We connect lawyers who share office space. List your references upon request. First consultation free. Email inqui- empty law office at www.LawSpaceMatch.com. Advertise in ries to [email protected] or call 404-377-7760. 40,000 zip codes instantly. Rent your law office to lawyers seeking a shared space. Show law office amenities and upload six photos. Search for LawSpace for free. Also, attorneys post Position Wanted their profiles. Prominent, successful Atlanta plaintiff’s personal injury firm seeks attorney for position with meaningful responsibil- Professional single office in Class A space in Sandy ity. This is an excellent financial opportunity with lucrative Springs. Great location off 285/400! Overlooking downtown incentives. Good benefits. Successful candidate will possess Buckhead. Full access to conference room and kitchen, free litigation experience along with strong speaking, writing and fitness center, free covered parking and café. Phone, internet, negotiation skills. All replies strictly confidential. Please send copy machine already set up. Immediate availability. Call Jona- resume to [email protected]. than at 404-983-1279.

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2019 FEBRUARY 71 GEORGIA BAR JOURNAL DIGITAL EDITION

Download and enjoy single issues at www.gabar.org/ newsandpublications/ georgiabarjournal/

February 2019 Volume 24, Number 4

GEORGIA BAR From the Executive Director—William Alexander: Low in Profile, High in JOURNAL Accomplishment Mentors Share Expertise for Bar Exam Success

A Conversation with Anne W. Lewis Small Changes, Are You Big Impact Attracting the Right

LEGAL A Guide to Disqualification Under Georgia Rules of Audience for Professional Conduct 1.6, 1.7 and 1.9

219GBJ_cover.indd 1 2/5/2019 9:51:37 AM Your Services?

Advertisers are discovering a fact well known to Georgia lawyers. If you have Advertisers something to communicate to the Index lawyers in the state, be sure that it is published in the Georgia Bar Journal. 21 BLC Consulting 31 Elizabeth Mehlman, JD, PhD. 1 Member Benefits, Inc.

43 Morgan & Morgan— Contact Ashley Stollar at 404-527-8792 Business Trial Group or [email protected]. 51 Warren R. Hinds, P.C. ILLUSTRATION BY ISTOCK.COM/ALEXANDRAGL1 ILLUSTRATION

72 GEORGIA BAR JOURNAL SERVE THE BAR EARN

CREDITCLE

GEORGIA BAR JOURNAL LEGAL ARTICLES Earn up to six CLE credits for having your legal article 6 published in the Journal. Contact [email protected] for more information.

HIGH SCHOOL MOCK TRIAL Coach a team or judge a trial for the High School Mock 3 Trial program and receive up to three hours of CLE credit. Contact [email protected] for opportunities.

GEORGIA LAWYERS HELPING LAWYERS Volunteer and complete online training to be a peer 2 in the Georgia Lawyers Helping Lawyers program and earn up to two CLE hours during your training. Visit www.georgiaLHL.org for more information. I witnessed one of the famous contributions of Attorney Donald Lee Hollowell - to the Civil Rights Movement the desegregation case of the University of Georgia . When he brilliantly confronted those defending segregation and racism , It was a historic breakthrough , not just for the South, but for the whole nation.

Reverend Otis Moss Jr.

Who needs lawyers? We do. Attorney Donald Lee Hollowell — A heroic presence in the Civil Rights Movement.

ganeedslawyers.org onthearc.net

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