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/lobby Scgnll JudgeCharles Nice­ UnsungAlabama Hero

hero,and most of us ne\'er heardofnim. He put principle over power and p:lid for il \\ith hi~po$ition. And, he did it at least twice in his lifetime.n,a1 person wasJudge NEWJudges should bemd

152 MA\ !OClo 1·he reaction 10 JJrolvnin Alaban111,oJ-aS shifted awayfrom Civil Rights on to "3tisfiedi n thrir life with one cournseous. Jrarnotic ond embarrassing. Poli1icions Vietnam.And Charles Nice was appoilll· carecr-<'1ldingstand. Not JudgeNice. quJcklyllncd up 10 announce tbcir oppo· ooto serveas., Jefferson County Circuit Over lhe course of eight yearsof serv· sition to the Court's decision. The best Judge in 1974. i\ l ot of people would be ice on lhe circuit bench, Judge Nice did political smuegy al the time was 10 be the firsc1 0 condemn the decision, the last 10 condemn the decision und the loudest to do so. Many prominent leaders declared the law invalid and promised not to fol­ low it. 11,us was born Alabama's tradi­ tion of demagogic (un)civii disobedience most singularly practiced in future years by George Wallaceand more recentli• by Roy Moore. l'ortun• tely.then Chief JusticeMoore reaped what he sowed,and his defiane< of a federal court order was (hopefully) a serious setback 10 his political career, one can only pray.Tha i w"sn't necessarily1h e Cl!Se,I.hou gh, ln 1954Alabama. When ii came to Broh'lt, defiance ,vas the only option for a politician who wonted to kttp his job. In 1956,rh e Alabama legis· laturc pushed through a bill to actually shut lhc doors on any 1•hitcschoo l S)'S· tem that followedBrown's mandate and b<:ganadmi tting black students. The law was unconstitutional on its face, bm that didn't stop its passage.' At that lime, we hJd 100 representatives in Montgomery.Ninety-nine or them voted for the bill. One voted against it, and he lost his scat bec.tuseof thar voir. That lone dissenter was Charles Nice.> From all accounrs. Judge Nice was a generally soft-spoken man. h's parricu· larly amazing, therefore. lo rhfok how Th e n'lost difficultproblems requn-ethe 1oudl)' tJ1ntlone ..n ay"1nu.)t h3vl.!rcvcr .. be.rated off the wallsof the Alabama leg· 111,.,"~'"""°"'orlidecades after Brownand his elec­ tion to the Alabamalegi; laturc, Chari<> ; MlSSISSlPPlVAJ..l.EY Tl'l1.E Nice had been vindicated.· rhe Civil '•, • ·' INSURANCECO MPANY Rights and Voting RightsActs had been signed aad put imo effect.S trongholds of hate and oppression like Birmingham and Montgon1e.ry\\'ere- turning the cor­ ner on tolcronce. The country's nttc11tion

I II t .I L A 8 A .\I A I ,\ \\ I' I H 1 5 3 President's

Page Co111i111mlfrom page 153

something few Alabamajudges have ever to transferfro,n his circuit court se,atto th('l11\\'ith thos.e\Vho do not. Ours is a been willing to do. After a jury recom· the family court bench. The legislature he profession thJt requires independence. mended that a convicted killer receivethe s tood up to in the 1950s was back at it The bench is tbe highest callingof our death penalty, he used his own judg­ again.11passed a resolution in 1978CJiti· profession, and therefore demands the ment-as Alabama law nllowcd-and citing Nier for overrulingjury rccom­ most independence of all. substituted n sentence of life in prison. mendarions of dea1h.or course. Judge An Alabama hero died a short time Oh, and he did it four times. Nice was merely followinghis con­ ago, and most of us never heard of him. To help put this courageous srnnd in science-and the law. Perhaps I missed ii. Perhaps his quiet legacycan serve as a context, consider this. Afabama rewrote but I can't recall any simil01resolutions reminderof ,,•hnlis ,..,rong\'lith our sys:.. its capital punishment ht\\' in 1981 to give condemning either Roy Moore for his tern and as an example of ho,\ 1 it can be judges the power 10 substitute their own out-and-out refusal 1.0 follow the law,or made right.' • sentence for the recommendation of a Justice·1o111 Parker for his advocating jury after a capital mu1der conviction. It's 1ha1our Alabama Supreme Cour1j us1ices Endnotes a two-waystreet. If the jury recommends disregard the law. Thussayelh Olief .NSt1ce Nabers ,n his new bc>ot. death, the judge can reduce the sentence Many o( you may disagree with ludge 1heCJso /DI to life in prison. If the jury recommends Nice's decisions on the death penalty, but °"""'"" life, the judge can still impose a death I think we can all admire his courage and 2 TheAcl passedby !he teg.slatura. once rn11fied by!he sentence. Traditionally,judges have fol· independence. Unfortunately,independ ­ peojll9of Alobama. became 1119 Infamous Amendmon1 lowed the recommendation of the jury. ence and courage often stand at odds I l 1lO the Alabama COtl$1dUI 11)11 The purpose ol the But, nearly 80 times between 1981 and ,eith political reality. In my opinion, ~1 W1>10 '°""""" a dualsysl'"" of~ 11011inAlabama . a pmte svstemror l'IIM1 ,Yh11e chil· 2002, an there should be no place for such politics Alabamajudge ignored the rec­ dren;ind a publ~ono for black ch,ldCd in our judiciary. Political pressure can wholesThe rdea was 10 d,,en fil>dt and olilef assets his or her own sentence. Only seven of force good people to sometimes make lrompubic sdlools 10 prtvale sdlools To atton..,tlsh those 80 involvedreducing a death rec· bad decisions; for those who stand on lhcsgoat w,1nou1 legat ,.percus..n under,me law. ommcndation to life in prison. Of those principle-Judge Nice and the many A...-, tt t necessatityhad to etIIO edtJca1/0IILllCler Alabama's consti1uuon 11did so w11h seven, four were done by Charles Nice. independent judges we have on the rhelanguage • Mlthing in 1hisConstrtutron sN!U be He fuced intense criticism over the bench today-must alwaysconsider the con,u,,ed"' r:wmngor recognr,,ng any rlghr 10 edu· decisions,so much that he eventuallybad risk that a politicJ! system will replace cationat p.iblir: e,oo,,se •

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15 4 MAY ?006 Thuslyprototll.'d, our lore!others. 111 lbe same gram1ngn rMjn to educntiM DIpublic e.i.penw Th1t11 Harnsof Oectttur.Stewrut 0'8an!Q1 al Ra.r"rece..t bme,further amerxled the cons.111ution10BIIIOOrae 11rat1an.:iltatlomJht was that If we rest.outthe 11gt1110 Bolorben of OpohkaCould vou llOSSil>lv be1rw grams ol p.,bll\rl~ 1bo amendmentp,tMded might,rcreaso tow Huh?IAl;hco,gh I don'1 know ~ n.;.foo1nole lJ onlyL1ngenuolly related to "'I""'· "'IJI0$$1y!hat no parl!ltl wouldbe requ11l!d to 1i!od • torsure. I '1~'1 !u$lll!Ct th.lt Ruywill not be mentsobout Judge Nice . bulI want'l'OII IO tnow ct,,ldto sd,oolw11h a childol 1he"Ill"""'""" amonglbe IM! ,-1• JwgeNK:e mce,s III hoaVlln oboulll1e Attu:us Firdl Sor:lilmaLaw Foondation ro< 1ho,e 11111onal.and detlarodJuch m 1991by Mon1gome,y J JudgeNlre Will alsolhe only"""°" ,n 1hohouse to lpou1blymooyl of you who doo'J kna,y, the Alabama Cittul1Judgo Geno Roose. somehow roma ins In VOIDaga nSI D feSOIU11onCondC'mnlng !he Unitocl low kullat!on Is o chanrab!eorganirntlon aff llia:ted Alabama'sconstJtohon 1oday And, 11 has seMld 1ho StatesS\.lpreme Coon lo, theBfO'r'on doc1s1on wrth theASS iNlt strim 10make access 10 rusuc. p.,rpos.loc which rl wasIntended P,,..,.,e ,ct,oot, anded!Jcalion In Alabamaa malll'/ havedovolooed Ultllllghoul 1hll rnnn. robbingtho • Al, ... 11- 01he1Alabamll leg11lotur1 who Clhlbrl· A pnm3rysou1cs oJ funding101 Ille Alabama Law p!lbhcschool svstem ol s1udena.loyally and pubic edcouraae and IndependencedunlYJ ddf1CUl1 t1me1 foi.rcat1on11 mteresi on lawyers" uust accountS:. ,uppon Asintended, pwhc 5thool1Ii.we sultered bearpai11cular no1e Ill Augurl 1967, whon Lurleen Bec.Juseol lowinlere>I rates. thmq\, IOLTAtias. ,n 8ccaosB,Amend"""1 111 was concel\'fJd In was!p\'efl'IOI' and George v,as her commanderIn 1ecen1years. -aJed ""'I flnle''" 1helound411on rar:,smand ,lmwod III rts lace 1h11It w.11 rar:ially chief,lhe Walllceollgalthy pu!llle~ a ll!ll111•In 01.ll11y to providegrants u, WOl1ny-""" uonor mo Arr.enwnen,.lhllpro,,,m ,11'11prov,ded ,...,Ul

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l ll l .\ l ,\ R .\ .\f \ I \ U l f- U: 155 President-Elect Profiles

P11rs11n11tto tlze Alabnn zn State Bar's Rules Governingtl,e Electionof the President­ f:'lect,the following biogrnphicnlsketches are provided of Sn11111elN. Crosbynnd }f1111esE. \Vi/lin111s. Crosbyand Willian,s were the qualifying candidatesfor the position of president-electof tl,e Alabarna State Bnrfor tl1e2006-07 ter111, and tlze winner will ass11111etlie presideucyin July2007 .

of /\labamll School of L.,wwhere he was charier member of 1he Auicus Pinch on the MoOICo urt Board and 1he Honor Socie1y. Me has served on a disciplinary Court . Sam spent 11 years in the JAG pand and currently serveson 1he Corps of the Uni1edStares NavalReserve . Alabama Lawyers' Hall of Fame Selection Sam's wife, Ann Simpson Crosby, is Comminee. He is a pasl president of 1he from Tuscaloosn.They mel during their BaldwinCounty Bar Associa1ionand he firs1week as s1udents at the Universityof serves each year as vice-chairman of the Alabama &hool of Law where they both annual Bench & Bar Conference for the graduated, nnd 1hcyhave been married Mobile and BaldwinCoun1y bar associa• for 28 years. Their dt1ugh1cr,Cas on, is in tions. He is a member of the Alabama her third year of law scho<>I. Their son, Law 1n sti1ute. Sam, is in his first year of medic.ii school. Sam is a dire<:torof lhc Unive.rsiiy of Their f,rst grandchild, Marianne, was Alab.tmaLaw School Foundation and born recently to Cason and her husband. serveson the Law &hool Executive Dan Cheely. Committee. He is also on tbc Building Sam Crosby is one of five Alabama ExcellenceCommittee and is a men1berof lawyersln privatepr,iclice who ,vere the Farrah Law Socie1y.In 2001,he and appoinled at Jorge to the Chief Justice's Ann endowed a Library Support Fund. Samuel N. Crosby Commission on Professionalism. Sam is a director of the Mobile chap1er Sam Crosby is in his 281h year of prac· Alabama is the I llh siate 10crcale such a of the Christian LegalSociety and a 1iccwi1h 1hc f,rm of S1onc,G ranade & commi~ion. member of the Alabama /\cadcmy of Crusby, PC. The fim1of 1cn lawyers rep• Sam's book of humorous courl slories, Auomey Mediators. He also has served as rescn1s bo1h plaintiffs and d,-fcnd,tnt~ T/1• Slcepi11gJu ror,was published in 2002 a municjpal judge and has serv,:d on I.he and has offices in Daphne. Foleyand B:,y by 1heAlabama LmvFoundation and has Federal Magistrate Judge Sele<:lion Minette. His practice includes a broad rniscd over $29,000 for Kids' Chance Commillee for tl1e Soulhem Dislric1. rangeof civiJlitigation , transactional scholarships and indigent legal services. Sam Crosby is a pas1director of \,'ork and mcd1ations. He has published nine professional orti· Ecume.nicaJM inistries1Inc., an organiza­ Sam's father's family is orig.inally[rom des s1a1ewidcin Adde11d11111and au1hors tion which aids the poor in Baldwin Stock1on, Alabama in north l~aldwin a monthly column appearing in three Count)', and he has been active in County aod his mother's familyis origi­ Gulf Coast newspa~rs. He also has numerous maritablc and civic organiz.,. nally from Monroe County, Alabama.He served on 1hc edilorial boards of The lions, including the Boy Scouts of graduat£d in 1973 with academic disiinc· Alabama lawyer and Adde11d11111. America, the American Red Crossand tion from 1hc Universityof Virginia. Al Sams erves as a barc otnn,issioncrIron, the Waterfront RescueMission . Virgmia,he was an All-AtlanticCoa. \l Baldwin County and has served on the Sam has led Crown Financial Conference Soccer player, co,cap1.1inof ExecutiveCo uncil and the Long-Range Ministries small group Bible s1udies for Lhemen 's varsitysoccer tC.Vd1n, a nu:n1bcr Planning Task Force of the Alabama Stale 13 years. He plays music at Spanish Fort of the AtlanticCo as1C onference Bar. He is a 1rus1ccof the Alabama State United Mcthodis1Church and Church of AcademicHonor Roll and a Big Broth~r. Bar founda1ion and is both a Life Fellow 1he Apostles EpiscopalChurch in He gradua1edin 1978rrom the University of the Alabama Law Founda1ionand a Daphne. where be is a member.

15 6 1\1AY 2 006 Jim served on the Disciplinary Board now primarilythe defenseof hospitals, from 1993 to 2001, first as a member and doctors and ollter healthcareproviders. then, in 1994, as chaimian of a discipli­ Jimis active in community affairs. He nary panel. Since 200 I, he has served as a is a board member of the Boysand Girls di.sciplimryhearing officer.He has served Clubs of South Cent"ralAlabama and has two rufferent 1erm.sa.s a member of the served as a member of the Advisoryand Mandatory Continuing LegalEducation Steering Commiltee for the Capital Committee for the Alabama State Bar. Campaign. Jim is chairman for the Jim w:1selected to the Board of Montgomery lndigent Defense Trustees for the Alabama law Commission and has been a board mem· Foundation in 2002 and was recently bcr since its formation in I 993. He nlso elected 10serve another thre.:-ycar term. serves as a board member of the He is a Life Fellowof the Alabama Law Montgomery County Community Foundation and a charter member of the Corrections and Punishment Authority. Auicus Finch Society.He is also a mem• Jim is a member of St. James United ber of the Alabama Law Institute. Methodist Church 1vhcrche serves on the Jim's law practicecortSists primarily of administrative cow1cil. litigation.He ,vas first a prosecutor and Jim is married to the former Sharon James E. Williams then a criminal defense lawyer.Jim has Olive (Montgomery) and they have three Jim Williamswas born July20, 1954. in representedboth plaintiffsand defendants children, Blake, Layne Marie aod Prattville,Alabama , and aucnded public in a variety of litigation.His practiceis Clayton. • schools in Autauga County through high school. He obtainLxlhis llS degree from Auburn Unh•ersityin 1976 and grJduawd from Cumbcrl.u1dLaw School in 1979. Jim served as a law clerk to the Honorable Robert Bradleyfor the Alabama Court of Civil Appeals.and then served as an AssistantDistrict Attorney for s53so Montgomery County from 1981 10 1983. A new outft1tot ttlt 21SIcl!llltury ,, ,I modelof economy Jim beganprivate practicein IIJld-lcal efficiency. Montgomerywith the firm of Melton & 0<6""""""""a

Supreme Court of the United Statesand the EleventhCircuit and has tried casesin federalcourt and numer­ ous circuitcourts in the stateof i\labama. Jim has been activein bar octJvittcsat the local und sutc level,as weUas many other proftsSionalorg.,nizations. Jim servedas a B1ac1<...,.,I 'A' cap '*"'" Eiego,'11"""°11'1fff - "111·Pllbld lllockhard·- · -ojgo ...Ul lliacl<~ llp- ll'd 'tiny!,1\61 • CIC twlOet'Mf! self member of the MontgomeryCounty Bar llelo-- alulRIl ed· bU!Jed ollt•l!'OItoli­ lllack OOiJ-IObol Ol - Eralr, 1\ssociationGricvancr C:Ommitu.-c. He, ..,as - oost- "'II 11pcose .$450 em. BlaekBeauty ' '68 """' 11<*1"""""' "' """ electedto serveon llie Boardof Directors ExUbris •79'" TheEsquire • •at• for the MontgomeryCounty Bar Associationin 1988and ,vas electedpresi­ dent in 1993. Jim has also been a member of the Hugh Maddox Inns of Court. Jim was first elected to the ASB Board 6~ .. .. of Bar Commissioners in 1992 and 0 Blumberg5XCelsJ.Q_r800 lAW MART( 529-6278) Fare800 ·--56HI018 www.hlumberv.com served until 200 I and was rc-ckcted to serve another three-year term in 2003.

I II I \ I A U \ ,\I \ t \ H ) I U 157 Executive Director's Re

-~·.. ., .,~~.>' .._'y* ~ .>~ *" ~ ~~ StepsTaken to Address StudentLoan Debt Problem

en yearsago, T first wrote about The committee adopted the following the heavystudent loan debt being recon1mendations in its resolutionto T borne by law school grnduales.In address student loan debt and its derri ­ 1996, 51 pcrc<-ntof those sitting for the mcntal effect upon the quality of life of Februarybar examhad student loan debt Alabamalawyers: that averaged$35,000. 'Ibis past February, Annual presentations by lawyers, although only 35 pecntaken to help address this problem. The Committee oo Quality of Life for Providelaw studenU with financial Lawyersrecently adopted a resolution data to project the monthly student underscoringthe committee'sconcern loan payment upon graduation (based about the high level of student debt on the averagestudent loan debt from being shouldered by new lawyersenter ­ their law schoolsand the current inter­ ing the profession.The comminee's reso­ est rate) as compared to the average lution tracks the problem as highlighted weeklyrake-home pay (based on aver­ in the 2005 Quality of LifeSurvey. age student salariesof recent graduat

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I II I- \ I A ff t\ ,\f r\ I .--\\\. ) I-. R 159 Bar Briefs

Joseph W. Olde.• partner ~rsonncl. The llo.1rtlor whh 1hc Indianapolis Visiior'sprimary job i., 10 lirm of Sommer Barnnrd ""rtvicw;1nd evA1uittc cur· PC. wo, ««nt ly appoin1- riculum, lnJ1ructlon,phy~lc,1I cd by 1hcI Ion. Calr cquipmcm. n..:alnffJin., •nd flmlford, prC>idingjudge JClldcmicmethud>. " ilu•nl for 1heromblned Ch)' of membcn. ,nc .cl«1cd lrom • Indian.polo •nd Mnrion varae1yor $0urcc. (1hc <.:ounty1ud1CJllT)', •>judgt maJ(lrlryof them bcins pro 1empon, for the appointed dirtetly by the Superior C".ounol lll•non Sttttt•ry of Odenl<' for'"" C<>unt,·,C,v,l Dl\·ision. ..:.fir )'<'U tenrul ond arr meant to Cade r«nscd • 8.S. from rcpttscnl A ,..,dt,cm.•· ,cc. 1h<><.i~honf:-ICl>Al lh< 1.11hpraidenl of ~hie, Collcg,:in Rq;ion I\ Sou1hca,1om/Cmbll<'•n h1rtiehl Fmich had Sff\'1dm1\IOCC tht de.th of Alben J. •rrro~1mJld)· 400 lo...11govcrnmmu 11 Sln•n l.u1 NO'cfen,ieDonald Rumsfdd 1111hcil<1.1rd of Vi,110... for the Western Mark W~!Uloncrh," brcn dr,1cd 111 I kmi;pher< In,titulc of Security ,orvc •>~ member of 1he llo.ird(I( (oopcrn1ion (WHINSEC) . WHINSEC 1rustecsfor 1hc No1,on•I Multiple L,locotrd III Port &nnint,, Cr:orgia,md 'i

160 MAY !000 Important Notices

United States District Court Northern District of Alabama In Re: The Matter of the Reappointment Of Robert R. Armstrong, Jr. as a United States Magistrate Judge NOTICE The current tenn of lhe officeor United States MagistrateJudge Rolx,rtR. Armstrong, Jr. at Birmlnglmn, Alabama,iJ due to expire Augusl 8, 2006. The United Sillies Dislrict Court is require

Pro Bono Award Nominations The Alab,maStale Bar Committee on Volunt«r l.awyc:.rProg:r.tnu:/ Atccss 10 Ugal Servicesis ~king nomin~tions for the AlabamaState Bar Pro Bono Award. Nommat(on fonns can be obtruncd bycontacting; Linda L. Lund, director Volunteer lawyers Program AlabamaStole Bar P.O.Box671 Mont.gomery,Alabama 36101 (334) 269-15LS

The AlabamaS~~ BarPro BonoAward recog,,ius the oul.Slllndingpro bona dlons of anor­ ncys.faw finns and lawstudents in !he state.The awardcriteria includes but is not limitedIO the following;the total number of pro bono hours or compltlrityof caseshandled, impact of the pro bona work and benclit ror the poor,particularexJM:rtlse provided or the particularneed 53tisfied. successfulrecruiun~t of otheranorDe)'S for pro bono representation.and provencomm:illllellt to ddh'CI")'of qualitylegnl ser.ia:s to the poor and 10 providingequal aca:ss10 legnl servi= Nomio.1tioosmust be postmarkedhy May15, 2006and includea completedAlabama State llar Pto Bono AwardsProgram Nomination Porm in order to be coruidcredby lhc Committee.

I II I \ l I II \ \I \ l ,\ H ) 1-: H 161 Memorials

EVAi\' AL'STILJ

EvanAustill, a member of the Mobile During the lifetime of his father, his Bar Association,died in Mobile October firm was known as Austill.Austill & 16, 2005 at the age of 70. Aus1illwas a AuS1ill,which developed an outstanding native and lifetime resident of Mobile, reputation in the field of real property and an avid hunter and fisherman wi1h a and mineral rights litigation. gr~alreputation as an outdoorsn1an.He He left surviving him his wife of 41 was a Phi &to Kappa 01 the Universityof years, Ruth SullivanAustill; his daughter, Alabamo,from which he rtceived a bach· Elizabeth Harris of Mobile, and his son, clor's of science degree, and from which Nashvilleattorney EvanAustill, Jr.; his he later was awarded his law degree. brother, Mobile attorney JereAustill, Jr.; He was an active member of various and his sister, Mary Sanford of Opelika, civic and businessorganizations a nd was Alabama,together with two grandchil· also a member of the Coun1ry Club and dren, Austill Harris and Caroline Harris, the A1helstanCl ub of Mobile. and numerous other family members. Austill served with the U.S. Military -Be11Rowe, presidem. Reserveand was retired from 1he reserves MobileBar AJsociatio11 with the rank of major.

] , \ Al E S C 1-1 \ R I F S B A L D O NE , 5 R .

James Charles Daidone, Sr., age 90, joined the firm of Balch & Bingham,for· died Friday,July 22, 2005. He was a merly Marrin, Blakely,Balch & Bingham, devoted and loving husband, father and in Birmingham. He later practiced for a grandfather. Preceding him in death was short 1jmeat his own office. He then Lillian Romeo Daidone.bis wife of 56 joined Bruno's l nc. and was promoted to years. He is survived by his children, general counsel and retired as vice•presi• James C. Baldone,Jr. (Sherry), Francesca dent/corporate secretary. Upon retire• DaidoneAllen (Chris) and Donna mem, he joined the firm of Cicio & Baldone lngmm (Charlie): grandchildren Cicio , PC in Birmingham and was desig· Carl Baldone, Ann Baldone, Franecsca nated of co1t11S

162 MAY 2006 j(JHN A . CADI>ELL John A. Caddell of Oec;itur died dealh. Ht was the senior partner in the Alabama. He served on the board of r-cbruary7, 2006. Mr. Caddell was born loOIIfirm of Harris, Caddell & Shanks, truMce, of t hat institution for a number in Tuscumbia on April 23, 1910. He wos PC. He was an active memb

P \ L' L L FE C (J l' LT ER

Paul Lte Coulter, J longtime member was a retired corporate attorney for Bell include his wife of 42 years, Anne OeH•rt of the Alabama Slllte Bar,passed away South in Birmingham. Mr. Coulter Coulter; two daughters, Carole (Jim) Sunday, No\'embcr 27, 2005 dt his resi­ retired l

CF-11\RLE"i McDo,vrLL CROOK

Charles of law in Montgomery,with the tim, of nc:,v.slcttcrof thr Montgomtry County McDowellCrook. Goodwyn,Smith & Bowman.That firm Bar AssQcialion," He became one of a member of the hec:imeSmith, Bowman,Th•gard, Crook Montgomery'• and Alabama', best Montgomery & Culpepper prior 10 its merger with the l,,wy""'· And one of its best people... ln County Bnr firm of Bulch& Bingham,UP. fnct, if I had tJ1oughtin years )'11S1t o give Association,died l·ollowinghis retirement from the an award for 'Most lntCi;rily,'Crook August I0, 2005 al practice oflaw in 2004, Charlie served as would have been a perennial con- the age of 67. general counsel for the Department of tender ... Charlie's sense of honor shown He was born in Union Springs,J uly 27, Corrections at Governor Riley'srequest. brightly. He elevated his profession." 1938. He receivedhis bachelor'sdeg= FoUowinghis death, BillyAddison, assis­ All lawyerswho dealt with Charlie rec­ from the Universityof Alobamawhere he tnlll gcner,tl counsel for Corrections, ognized that in addition to his strength servedas vice-presidentof the Student wrote of Charlie's tenure with that or chamcicr and integrity, he possessed a Government1\ssoda tion. He rccciVt'dhl~ dcpanment, "What a gem he was and keen intcUcctand had an inoate ability to la>0r1out and analyze the relevant legal Schoolof Lawin 1961,following which he me. He was the epitome of everything issues in any situation. His brirf writing served in the United StalesArmy and that is good about our profession,which $howed a rare combina1ion of clarity, nm1inedthe nmk of cnptain, He receiveda often gets overlooked ... ." conciseness and reasoned legal analysis. masrer'sdegree in taxation from NewYork !lobby Segoll,president of lhe Alnbama -St,rrlingG. Culpepper,Jr .. Universityin I%6 and began the pmct ice Stale Bar, wrote in the Docket,the Momgom.ry

/Ill- .\I \H\\I\ I\\\·}~ 163 Memorials Co11ti1111rdfrom page 163

WI L L IAM A LBERT 0 Vv'ENS, ] R. The LimesloneCounty Bar mourns 1he which he handled every case and the Billis survived by his loving wife,Stella passingofWUliam Alber! Owens.Jr .. doggedlydctem,ined way in which he Ann Owens, as well as three daughters. who died August 26, 2005. reprcscn1td his dienls. In a profession Su,.aneWarren. LeiselS1anford and Blll 1orn November7, 1942 in which unfor1una1clycan 1cnd 10narro,v Sonya Pc!'S<'ll.and two sons, William LimestoneCounty. He graduated from a person's fieldsof in1crcst,Bill bccamt Albert Owens, 111and Thomas W. Athens High School and receivedhis cxci1cdabou1 new dcvclopmemsin agri­ Owens. Billalways glowed when speaking bachelor's degree from Athens College. cuhure, 1cchnologyand politics.He ofhi> grandchildren:Trey Warren,Taylor He worked as a compu1eranal)-sl for alwaysowned 1helntesl "gadge t" and Warren, LarsS1anford, Olivia Persell.and Burroughs before atlending law school. would enthusias1kallys how ii 10every ­ ReaganPersell. He graduated from Cumberland S

] UDGE G EORGE H. T RAWICK JudgeGeorge H . Trawick was born representinghis client's intercsl with and prosecu1orfor the municipal courts October3, 1946in Homewood.He auend­ en1husia.smand dedication: however 1ha1 bo1hOzark and Daleville. cd BirminghamSouthern Collegeand rcprcsentnlionwas accomplishedwith a JudgeTm•ick was electedas Dale gradua1edwitlt a bachelorof amdegree calm and reassuring demeanor and wi1h Coun1yl)istrict Judgein November200-1 from TroyState Unfrcrsi1y,and then dignity and respect for the legal sys1em and took officein January2005. He lo,·ed entered and graduated from Cumberland and its foundation. JudgeTrawic k prac- his work as an attomeyand Judgeas shown Schoolof Lawin Birmingham. 1iced law for over 20 yearsduring which by his dedicationto his profession"'~n During his ureer as a practicing atlor• he served as a member and past presiden1 after he IVtt.Sdiagnostd wilh n 1em1inalill ­ ney, GeorgeTrawick was widelyknown of the Dale Counly Bar Association, ness.He passedaway December 7, 2005. as an auomcy who was committed 10 municipal Judge for 1hr City of Ozark -ll'illiam T. Komirios,Ozark

Bark, David Olof Ogletree, Tom Roscoe Richardson, Reginald Mobile Sylacauga Greensboro Admitted: 1950 Admitted: 196 1 Admitted: 195 1 Died: November 15, 2005 Died: December 13, 2005 Died: October 18, 2005 Bonham, John Dwight Ormond, Marvin Thomas Smith, Virgil McDaniel Montgomery Tuscaloosa Ga3sden Admitted: 1952 Admitted: 1949 Admitted: 1951 Died: February 9, 2006 Died: January 18, 2006 Died: April 7, 2003 Lusk, Donald Dewitt Pruett, Ws.lliamHenry Wooten, George Frederick Birmingham Richardson, TX Charlottesville, VA Admitted: 1968 Admitted: 1953 Admitted: 1937 Died: February 24, 2006 Died: September 27, 2005 Died: January 11, 2006 Madison , John L. Jr., Hon. Reid, Robert Raymond, Jr. Jasper Birmingham Admitted: 1976 Admitted: 1955 Died: February 21, 2006 Died: January 13, 2006

164 MAY l006 Lawyer,Football Coach, Wrestler, Speakerof the House, and Living Legend

H\C/1\/i//\( CA/U/

ullman Coun1y,Alabama. Most Conversations are seldom with 1bm or Alabamalawyers have either Chris.They arc wathTom and Chris. C heard of the county or been Sentences ore often started by Tom and 1hro11ghii on lheir way 10 HuntsviUeor fini.~hedby Chris or started by Chris and Ploroncc.For those who haw n,gul:trly finl~hodby Tom. The)' arc the quintessen­ ~en 10 its courthouse, it is known for the tial "union" ,of busband and wift. L.iwyers "AllSteak Rl'srournn1"which moved inio in smaUand big firms who have squab· new quarters a few years back. Lawyers, bled among themselvesmarvel at how the storekeepersand many of the residents of two alwaysSCthe cw;tomers almost every known husband. ln fuc1,she maybe will­ day is the Cullman two-person and hus­ ing to tum on the light if you giveher band-wife lawyerteam of Tom and ChrJs the chance.She has every reason lo be Drake.Their officesore across the street proud of Tom Droke. from the AllSteak but also • stone's Tom i; now 75 years young. He is throw away from the Cullman County enjoyingthe best years of a storied career Courthouse. that has seen him as a collegefootball lf you have e,·er had any litigation with player,a \'lfe~tlingcoach under.. Bear Tom Drake,you have also had litigation Bryant."a h1,vst udent, n professional with Chris. Youhave also frequently been wrestler,and a state legislatorand spc.-ak• invited to lunch with them n1the All er of 1hcho\Jse under George Wallace. Steak . There is no way that li1igating For an encore, he has spent the la.1143 against the Drakes OlJl be anything other years as a lawyer hclping the rcsidcnu of than civil.You become something like a Cullman and north Alabama. member of thcir fumilyafter 1hcsecond Tom was born in 1930 in Cullman case If 1101during the first. Coun iy. loan·s f:uhcr died when Tom was

I II I- ,, I 1\ II ,\ .\I A I A U r t ll 165 and there he would~ his firstlive prof es . - sional wrc.'Stlingmatch. With a background ~ in collegewrestling while at Otattanooga, ... tJ. p Tom liked what he sawin professional l wrestling.He approacheda promoter while j in Columbus who helpedTom launch hb I prof<$Slonulwrestling career . i, • •• TI1atcareer would take Tom from • I I ' i4 j Atlamu to Mobile and any number of ' I I ,. • • ,,,,. I wrestling arenas thmughout ahe South in • .. , ahe 1950s. I-lewo,Jd continue to climb - back in the wrestling ring, off and on, •- until 1978.He would be known 10 his A-,rarn,p- 1n rhrrDrift» laf!lily ,nclur», kll la,,,;,,. Ktfilbfrl,y Ot.N.ttfl004l- Tcwm,Drata(t!l89J.tomlhk~tl963J, wrestling funs as "The Cullman Comc1." Ow•<

166 MAY 2 0 06 The followingis just a small listingof 6. While sp..-akerof the hous.:,he spon­ sessionin the legislature. 'lom agreed10 the 0 1her accornplishmcnrsof Tom Drake: sored legislation,at the request of s,,rveas the volw1tecrfootball coach for a I. He playedin the Mobile,Alabama then Supreme Court Chief Justice new footballprogram at HollyPond High Senior Bowland was later drafted by C.C. "Bo"Torbert, to build the new School.Whether it w•s afternoonso r the Pinsburgb Steelers,only to be supn:me coon building. nights,Tom could be found givingthese drafted into the UnitedStates Army 7. Drake was one of 1hc sponsors of the kids their first introduction into the game two weeksafter signing o professional JudicialArticle which upgraded 1hc that had me-Jotso much 10 Tom. football contract. judicial systemin Alobama. Just as importontly to this writer. 'lbm Droke never seemed like a foe in the 2. He currently serves on the Board of Two of the Drake d1ildrcnare also courtroom or across the deposition table. Directorsof AttorneysInsurance lawyersin Alabama.Whit practicesin For a young la\'t'yerpra cticing jn the "'big Mutual of Alabama,Inc. which pro­ Birminghambut is also ofc o,msclwith ciry" of Birmingham,Tom IJrake and vide-serrors and omissionscoverage 10 Drake & Drake. Tom II pracrireowit h his Chris b.,came something of adoptave par ­ Alabamalawyers. wifeKimb erly,"just admitted in 2005;'in ents. \Vhen la\vyers in our f-irmin 3. Drake and Senator Bert Bankof Cullman.Daughter Mary FrancesPate is Birminghamwere looking for someone Tuscaloosaassisted in passinga reso­ the chief doctor in [>cdiatricnursing ,11 the 10 ,ravel north 10 Cullman on a legal lution renaming DennyStadfom Universityof Oregon in Portland. matter, J was alwaysquick ro volunteer. A "Bryant-DennyStadium. DaughterC hristy LeeDrake receivedher good meal at the All Steak and kind master'sdegree from Durham University 4. Tom appeared on NBC's"What 's My words and fellowshipwith Tom and in Englandand is completingher doctor­ Chris would soon be in the wailing. • Line."The panel was told that he was ate at J..1mpctcr Uoi\'crsity.Wales. Christy a lawyer,a state legislatorand a has taught Latin. Greek and Hebrewat f.irmer,but they had to guess his WestemOregon University. "sideline." He was unable to stump the So many liveshave bee n touched by Ch1rle1F. C•rr panel who finallyguessed that he was Tom Drake.It is not just the livesof the also a ,.,.estler. Ch.YlelF Cln' is I nat,.. of many clientshe has representedwho have £MWp!1$1J-lie ISI MAIOfi/we · 5. In 2000, he was inducted into the been touched.No better examplecan be hotlerol 1he Cl,1A!l iSIYIfirm HI sncticed13w for 20 ~Wfl 411 [nternational WrestlersHall of Fame found than the high school of HollyPond. 81m,ingtlirn.id Qlfflrltlypr ac· & Mus,,um in Ncwton,Jo,va which Alabama.Alter returning to Cullman 10 tioHIn lflt Moblt11roa f,c,n t.s ofla m Daphne honors professional,Olympic and col­ practicelaw and nee-ding10 spend his legiatewrestlers. hours earninga little O'loneywhile not in

DON'TLEAV [ A Y ARIAOF DISCOVUtY UNEX PLORED ELECTRONIC [VIDENCED ISCOVERYISI IER[ roST 1\Y SO UT H ERN COM PUT ER FORENSICS' (334) 745-5097 I 6()$l ND AV[ IN ti-fl FIM T AM.tJUCAN [email protected] 8ANiCftUILDI NG HARDEVIDENCE FROM HARD DRIVES

I 1-1E A I ,, If A .H ,I l A H Y l· H. 167 The ABA Commission on LawyerAssistance Programs Visits Alabama: ASB Prog a One of The Best in the Country

J:i ti i'.\/ \f1/Ui tf,Jl l

he American BarAssociation's Commission on Lawyer On Thursday January l2, 2006 chethroe-member panel met AssistancePrograms (Cot.AP) was invited 10 with AlabamaSt.11e Bar President-Elect Fournier Joseph Gale T Montgomery to review the Alobama'sLawyer Assistance along with membersof the judiciary,the Hon. Justice Harold See, Program (AIAP) on January 11, 2006.The Col.AP evaluation AlabamaSupreme Coun, the Hon. Sue BellCo bb, Alabama process im'Olvedsending a team of individualsexperienced in Coun of Criminal Appeals.and the Hon. Craig Pittmon, Alabama the field of peer assistancelO

168 MAY ?006 efforts the Alabama UiL committee members have put forth on pending, the revie1."ers,vere in1pres.~d v;ith the receptionn.nd behalf of their colleagues. coopcrnuon they received from nll the individunls involved in The commissioners then met with the Alabama Stace Bar the evaluation process.They e.~presscdthe fuct that the above Admissions Director Dorothy Johnson and Characcer and individuals were willing to spend so much time with the review­ Fitness panel members Gwen Garner. Tom Thagard and Laura ers given their obvious stature and busy schedules is a clear indi­ Crum to discus., how the Al.APservices arc being utilized. cation of the strong support and recognition of the work being Latut in th.c d.3y,th~ mcn1bcn of the Alabama State Bar's done by Al.AP. The CoLAP rcvicwcn also exp~s:ed their gr2ti .. ExecutiveCommiltee, President Bobby Segall,Vice -President tude for the generosity shown by all the participants in the cval­ Tom Methvin. Past Prc.idcnt Douglas McElvy and Extcutivc ua1ioo process. and they did acknowledgethat in a ""'Yshort Director Keith Norman, olw met with the Col.AP reviewers. period of time, the Alahama Lnwrrr AssistanceProgram ha5 The Col.AP reviewerscommended the ASB for deorly ttking the developed into one of the most comprehensive and best admin­ 1997 Col.AP evaluation to heart. Moot of the recommendations istered in the country. I thank the Col.AP nnd the reviewersfor made i,i that report, including implementing a statewide pro­ their commitment to improving the quality of life for all mem­ gram. hiring a full-time director, creating a hot.lineand cstob­ bers of the legal profession and for all the individuals who gra­ lishing a relationship between the Al.APand the disciplinary ciously gnve their time to participant in this evaluation process. I department, have btcn acted on and put into effect.Ali a result conllnuc to be indebted to the members of the Alabama Luwyus of the continued growth, progress nnd expansion of Al.AP. as Hclping l.a,rycrs Committee for their resolve and service to the well as it.

AlabamaLawver Assistance Program Are you wntchingsomeone you care about self-destruetingbecause of alc(lho)or drugs? f,.-c1-erynnc penon whhalcoootL.m , Are Ibey telling you they have it under coo1rol? at le:is1five other liv~ am ncgath•iely olTe

I II I \ I ,t H \ \I \ I I \\ \ I ~ 169 Disciplinary Notices

Notice Kimberly)an• Dearman-Dnvicbon,whoS

Disbarments but told him that he was"g oing on vacation"and that another lawyer Jacksonvilleattorney David Joel would handle the case. Forresteraban­ Forrester wa, disbarred from the prnc­ doned the complainant and his case. tice or Jawin th• State or Alabama Further, Forresterfailed to respond to effectiveJanuary 20, 2006, by order o( numerous requestsfor information the AlabamaSupreme CourL The regardingthe matter during the course supreme court entered its order based of the bar's invest.igntion.Forrester did upon the decision of the Disciplinary not file an answer to the formal Board of the AlabamaSlate Bar. charges.A ddault judgment was In ASBNo. 04-261(A), formal entered against him finding him guilty charges were filed against Forresteron of violating ruks 1.3, l.4(b), l.16(d), July 14, 2005, illeging that in May 8. l(b), 8.4(a), 8.4(c),8.4(d), and 8.4(g), 2004, Forrester,knowing that his sus­ Alabm11nR11/es of Professio11nlQmdurt. ~nsion from the prncticeor law in the In ASBNo. 04-3IS(A), formal charges Slate of Alabamawas imminent, were filedagainst Forrester on July 14, agreed to represent the complainant in 2005,alleging that Forresterwas retained a criminal matter and receiveda to representthe complainantin a bank· $3,650 retainer fee for the represent•· ruptcymatter and pald a $600 retainer. rion. Forresterdid not advise the com­ Thereafter,Forrester did little or no plainant of the pending suspension, work in the matter and abandoned the

170 MAY 2 006 complainantJod his case. Further, of violating rules 1.3, l.·l(h), 1.l6(d), nun1erousrcques1s for infonnation Forrc,;t<.Tfanoo 10 respond 10numerous 8. l(b), 8.4(a),.rnd 8.4(g), /\lt1b1111mRules regardingthe ma11erduring 1hecourse requestsfor infnrmn1io11regarding thr of ProfessimwlC:a11d11rt. of 1he bar's invcs1iga1ion. Forresterdid mal1erduring the course of 1hchar', In ASB No. 05-73(,\), lorrnal charges not file nn answer to the fonn•I inves1ign1ion.Forrcsler did nol filean were filed agamsl Forre>teron July 1-1, chorgt$. A dcfa<1ltjudgment was answer10 the formalcharges. A defuuh 2005,allcgmg 1ha1 on ~larch 23,200.1, entered againsl him finding him guilry 1udgmclllwas c111ered ogains1 tum find· forrcstcr, knowing that hrs suspension ofvioln1ingrules 1.3. IA (b), l.16(d), log him guil1yof violatingrules 1.3, from the practice of law in the St:\lcof 8.1(b), 8.'l(a), and SA(g),Alnbnmn 1.l6(dl, 8.1(bl, 8.4(al, and 8.4(s), Alabamawas imminenl, agreed 10 rep­ Rulesof ProfessionalCo11d11ct. /\/n/)1111111Rules of Profl'SSio11alConduct. resentthe. cornpluinan1 in l1 divorce In ASB No. 05-90(A), form:J charges In ASBNo. 05·19(A), fonnal charge~ mauer ,and receiveda $400 re1aincrfee were tiled ogain51Forrcsicr on July 1·1, were filed against Forres1eron July 14, for 1hr representation. Forresterdid 2005,allcging thnl Forrest« was 2005, alleging1 ha1 Fom:sler ,v,1~ nm ad1•isc the compluinanl of 1hc relained 10 reprcsenl the compl~inan1 rcloined to represcn11hr complainont pending suspension. l'orrcs1eraban ­ in a bankrup1cymatter nod paid a in a bank.rup1cymoucr and paid a doned the compla,nant and his case. $300 re1ainer.Thereafter, Forrester did SSOOretomcr. Thcreafler, Forres1erdid Fur1hcr,Forres ter f.rikd 10 respond to liulc or no work in the mauer, lost 1he li1tk or no work In I he maucr nnd did nol communicat(!,vi1h the con1- plainant abou11he$ 1,Uusof her c.isc. Forrester 1oldthe complnjnaut llm her case had been given to another ,,Hor­ ney becausehe ,,'as ..going on n sum­ mer vacation." Forresterobandoned the complainant and her case. Further, Forresterfoiled to respond 10 numer­ ous requests for infom,allon fCgllrdmg • 1hemoncr during the course of 1hc bar's i11ves1igntion.Forrcs1cr did 001 file Jn answer 10 1hcformal charges. A defouh judgmenl was entered •gainst The Alabama Mandatory CLECommissio n continuallyevaluates him finding him guilty of violaling and approves in-state, as wellas nationwide,programs which are rules 1.3, l.4(b), l. lt,(dJ,8.l(b),8.•l(,1), 8.4(c), and 8.4(g), Aln/11111,nR11/cs of maintained in a computer database.All arc identifiedby sponsor, Profe;simmlCo,ulrirt. location,date and specialtyarea. Pora listingof current CLE 111ASB No. 05-n(A ), furrnalcharges were fJed agnins1Forrester on July 14, opportunities, visit the ASBWeb site, www.nlabnr.org/cle. 2005, alleging1ha1 forrc<1cr was re1ained10 r

1 II I .\ I \ H \ \J \ I \ \\ 1 I H 171 Disciplinary Notices Co111i1111edfrom page 171

complainant'sfile on t\'10 occasion.s, entered Novembe,r24, 2003, with Lhe coun entered ils order based upon the missed appointments and did not effectivedate of the suspension to be decision of Disciplinary Board of the communicate ,vit.hthe cornp1a.inont set by the Alabama Supreme Court. AlabamaState Bar.The board further about the sratus of her case. Forrester Eventually,the effectivedate was set as ordered that Falkenberrymake resti1u- told the complainant that her case had June I, 2004.The evidence proved that 1ion to his client in the amount of been given to another attorney because from November 24, 2003 until the Sl,500. he ,ws "not going to practice ln,"for a effectivedale of suspension, Forrester Formal charges were filed against while." Porrestcr abandoned the com­ continued to accept retainers and pay­ Falkenberryon August 24, 2005, alleg­ plainant and her case. Further, ment for work in exchange for promis• ing that he had been hired to represent Forrester failed to respond 10 numer­ es that he would perform legal work a client in a dispute with his disability ous requests for information regarding on behalf of clients knowing that his insurance carriers. falkenberry was the mailer during the course of 1he suspension from the practice of law paid a $1,500 retainer, after which bar's investigation. Porrester did not had been ordered and that the effective Palkenbcrrywrote two letters request­ file an answer to the formal charges.A date was imminent. IASB nos. 04· ing a waiver of the poLicyprovisions in default judgment was entered against 261( A), 04-318(A), 05-19(A), 05- dispute. Apparendy,after inquiries him finding him guilty of violating 72(A). 05-73(A), and 05-90(A)l from the defendants to Palkenberry rules 1.3, l.4(b), 1.16(d),8.J(b). and \,;ent unans,,..ered)the defendantscon1 .. 8.4(a), AlabamaR11/es of Professio11a/ The Supreme Coun of Alabama adopt­ municatcd directly with Falkcnbe.rry's Co11d11a. ed an order of the Disciplinary client. The client altcmpted to commu­ A hearing 10determine discipline Commission disbarring Mobile a11or­ nicate with Falkenberrywithout suc­ wasconducted by Panel Ill of the ney LeMarcus Alan Malone from the cess.After receivingpayment of the Disciplinary Board on January 17, practice of law in the State of Alabama retainer, Falkcnl>errywrote two letters 2006. Forrester fuiled 10appear al the effectiveDecember 20, 2005. Malone and did no other work in the matter. hearing. During the hearing, I he wasconvicted of a "seriouscrime" as Falkenbcrrydid not respond to the Alabama State Bar established that on defined by Rule 8(c) (2) (a), Alnbnmn defendants or to his client. Further, April 27, 1999, Forrester receiveda pri­ Rulesof DisciplirraryProcedure. On after the grievance was filed with the vate reprimand for failing to promptly April 21, 2005, in the Superior Court slate bar, Falkcnbcrryfailed 10 respond remit funds to a client that were held of California, County of Sacramento, 10 requests for information regarding in trust. The Alabama Staie Bar also Case No. 04 F04865SUP, Malone the mailer during the course of the established that on September 11, entered a plea of nolo contendre,\\l'a -S bar's investigation.Formal charges 200I, Forrester receiveda 9 l-day SUS· convicted of attempted carjacking and were filed in this matter and were per­ pension due to his failure to properly attempted kidnapping, and receiveda sonally served on Falkenberryon train employeesand for engaging in sentence of three years and four September 6, 2005. Falkenberrydid not inappropriatesexual conduct to,"ard months in the custody of the file an ans,ver to the formal cha.rges. clients and employees.The imposition California Department of Corrections. Therefore, on October 12, 2005, a of the suspension was suspended and Malone also foiled to show muse in default judgment was entered against held in abeyance pending a two-year writing within ten days of receipt of him finding him guilty of violating period of probation. On July 2 l, 2003. the commission's order why he should rules 1.3, J.4(a) , I. I 6(d), 8.1(b), and Forrester receiveda private reprimand not be suspended or disbarred pur­ 8.4(a), AlabamaRules of Profcssio11al for willfullyneglecting a legal matter suant 10 Ruic22(a), (2), AlabamaRules Comluct.Falkenberry did not appear on behalf of a client who retained him of DisciplinaryProced11re. I Rule 22(a), for his hearing to determine discipline to file a bankruptcy and paid him the Pet. No. 05-0 I) on January 17, 2006. [ASBNo. 04- requested retainer. Forrester did no l9l (A)I work in the matter. Becausehe violated the Ala/1nmaRules of Professional Co11ductduring his two-year proba­ Suspensions On January 26, 2006, the Supreme tionary period, Forrester's probation Birn1inghamattorney John Croom Coun of Alabama issued an order was revoked and the 91-day suspension f'alhnbcrry was suspended from the adopting the Disciplinary Commission previously ordered on September 11, practice of law io the State of Alabama of the Alabama State Bar's order dated 200I was imposed. The bar also offered for a period of 91 days effective November 22, 2005, suspending evidence establishing that Forrester's January 20, 2006, by order of the Tuscaloosaattorney Byron Todd Ford probation was revokedby order Alabama Supreme Courl. The supreme from the practice of law in Alabama.

172 MAY 2006 The DisciplinaryC ommjssion entered state comptroller.On numerous occa­ December 15, 2005 before the the order based upon Ford's condition­ sions. Ford submitted the attorney fee DisciplinaryBoard . 'fhe board found al guilty plea. J'ord's law licensewas declaration forms and fuiled 10 indicate 1h01Simons failed to comply with a suspended for a period of 12 months 1hat the fees were not to be paid 1.0 him condition which required him to effectjveNovember 4, 2005.Should bu1 10 the lending agency. Ford then obtain ooun~ling from the Alabama Ford be rcinstatcd, he will be placed on converted the funds for his personal Statt Bar's Law Office Practice 24 months probation effectiveth .e dale use. [ASS No. 05-212(A)I AssistanceProgram. The board found of his reins1a1ement.There will be cer­ that on two previous occasions, tain terms Ford will be required to Simons had been reprimanded for meet during his probation. The plea On January 26, 2006, the Supreme similar am of misconduct. Tbeboard and suspension arose ou1 of Ford's Court of Alabama entered an order consideredStandards 8.2 , 9.22(a) and misappropriation of funds be had been adopting the December 15, 2005, order 9.22(e), AlabamaStandards for l111posi11g ad,... oced regarding coun -appoimed issued by Panel V of the Disciplinary Lawyer Disdpli11e,and determined that cases. Ford had cn1credinto fuc1oring Board of the Alabama State Bar sus­ Simons be suspended from the practice agreements wherebyhe was adV11need pending Theodore attorney George of law for a period of 90 days. Upon funds in oourt-appoinlcd cases.After LucasSimons for a period of 90 days. reinstalemcnl, Simons wiUbe placed Ford receivedthe adV110cernents,he Simons failed to comply with the on a two-year probation, subject 10 was 10 indicate that fua by placing a requirements of• September 10, 2004 oondj1ions.Simoos will immediately routing code on the attorney fee decla­ order of the Disciplina.ry Board. enroUin the I:.lwyerAssistance ration forms tha1 he submined to !he Therefore,another hearing was held on Program and Practice Management

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173 Disciplinary Notices Co11tin11,dfrom p,zgc173

AssiJtanu Program . He will also open Public Reprimands HO\','l'\V,the b.tnkruptcycourt found a lnllt account •nd comply with any in fa,-orof 111<,firuanae corpor.uion and Albfflvillcauorncy James Radford and .U rults and rcgula1ioruconcorn ­ concluded that lltrry activelypartici ­ Berry rctti™1 a public reprimand pated in lhr fmuduljob with the FairfieldCity School System,but would assisthim in finding other employment,1wo d3)'1l3tcr, on May 13, 2QO.I.1ht-clim1 sent Biggersa letter lmnimting his kg;iJrcprsnllt ­ tion and m:iucsting• refund. He 1151.td Biggm to send him an itcmiud bill for Mold or Water his scmcesolJld • refundof the umamcd(ta. l'Mdicnt bcg;tn _ Da age? mmtptiog 10 a,nlllCl Biggers.lliggm {aik,d or refusedto fflUm histckphoM s.'rices tfflnd: alls. The clientalso chcdc.cdwilh th< • Detemtinallonol exlelllof dalllage Tralal.. pldes for Adnaeetllloltl bank anddctmnincd that Bit!gttshad • Remedlallonpro1ooo1 development lll'ltStlptiff ud IIRINlatlllll. see ashed the $S,000check on May 12, • Technicalsupport lor complexll1J031lon website to order Trainingmmrials 20(),I. On M,iy28, 2004 , the clJ

174 MAY 2004 later stated to the client that he had made contact with Dunn, Dunn Luverneattorney Charles J. Keuler, Jr. romcd the S5,000for doing ten hours of explained to him that he was having a receiveda public o:primand without legalwork. ·1nc diem later learned that hacd time financiallyand admitted general publication on February 3, BiggersttpttScnted the FairfieldCity owing him a refund. Dunn offered to 2006, for violating rules 1.3 and l.4(b) School Board.l ASBNo. 04 -249(A)) repay him in installments, but failedto A.R.P.C Ktttltt washired 10 represent do so. Prior to earning his feein this a client in a slip-and-fallcase. While matter, Dunn negotiated the com­ repres.:ntingthe client in the .slip-and­ On February 3, 2006, Binni11gham plainant's check and did not keep the fullcase, she wasinjured in an automo· attorney William Norris Dunn rtteivcd funds in a separate accounL bile accident.At some point during the a public reprimand without general Purthennore, Dunn never entered into representation,the client appeared in publication for violating rules I.S(a), a fee agttemcnt with the complainant Kertlcr'soffice in a "somewhat crippled l.4(a), I. l5(a) and l.16(d), A/nlmm11 and could not remember the hourly condition• claimingshe was the victim Ru/e5of Professio11alConduct. Tbc com­ rate to be clutrgcdagainst the com­ of medical malpractice.Kettler advised plainant hired Dunn to repres.:nthim plainant's retainer. Dunn did little or her that, assuming what she had told in a post-divorce matter. The com­ no work in this matter and charged n him was true, her malpractice claim plainant paid Dunn a S3,000fee for dearly excessivefee in violation of Rule had more merit than her slip-and-1\tll this service.Therrofter, the com· l.5(a). Dunn failedto keep bis client case and advised her to consider aban­ plainant and his ex-wiferesolved their reasonablyinformed about the status of doning her slip-and-fallcase in favor dilf

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I II I ! I I /, \ \f I I I ,1 i I ,: 175 CLE Corner

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Anita Hamlett MCLB diredor, Alabama State Bar ow! What a busy few months. your CLEcredits timely in 2006. Thankyou for your patience If you have had the opportunity to talk W through my firstreporting ses­ with my smffmembers. Christina Brewer sion as MCLEdirector at the Alabama and Carol Thornton, you know bow gen­ State Bar.Of the approximately15,000 uine, helpfuland friendlythey arc to our members of the bar, I fee.I like I heard from attorneys.Th .cy have brought it to my 14,876in Decemberalone. Just when l was attention that many Alabamaattorneys beginningto feel popular in my new posi­ are simply unfamiliarwith the MCLE tion, wego t past March 15th and you rules and regulations.Please not e that all would think l havean unlistednumber. I the MCLBru les and regulationsare post· bope that you are finding tbe "Don't ed at www.al11b11r.org/de.lgnorano, of Panic"portion of our Web site helpful, but these rules has not proven to be a viable in the wordsof country music icon R£ba, excusefor the MCLEcommission .. Below "Whyhaven 't I heard from you?"Now is is a list of common myths that our staff the time that we are more available10 work addressedthis complianc.cperiod followed with you; and it is the besttime for you to by explanatioosfrom the actual rule or think about CLEcompliance for 2006. regulation.We hope this will serve asa When [ joined the MCLEstaff in handy referencethis year. September,we immediatelybegan working on an easierway 1 0 track CLEcomplia nce. Myth: I have until January 31 10 Weimp lemented.wha t has humorouslyfor complete my courses. some {not so for others) bt'Cllreferred to as the "pink-slip"process. All individualsw110 Fact: Youhave until December31 to wereidentified as not havingcompleted earn CLE credit. After that time, if you their CLErequirements in early December have not earned your credit, you willbe werc mailedpink notificationforms that d

176 MAY 2006 New auomeys are subject to MCLE Ruic part of a calendar year."you are required If the sponsor did not submit the cours,, 9 and must take a separate six-hour pro­ 10 obtain CLE hours for that )'l'ar. in advance.)'OU hav,, 30 daysafttr a,.,,,.;. fessionalismcourse. "'" to submit the oourse 10 the MCLE Myth: I attended a local bar commissionfor review.Applications for Myf:h: I took 36 hours in 2004, so luncheon where the speaker 6elded ques­ accreditationcan be found at www.alabar. I have met lhe requirements for 2006. tions for nn hour. That should count as orglddApplicarionforAccreditatio1'200S.pdJ one hour of CLEcredit. The application sboul.d be accompa­ Fact: YouClln apply excessgeneral nied by nn agenda of the course includ­ and elhics hours to satisfythe succeeding Fact: CLE presentationsmust b<: ing the faculty members and their cre­ calendar year's MCLErequirements only accompa.nicd by thorough, high-quality, dentials and a processingfee ($50 if sub· (MCLE Regulation3.6). Therefore,you carefullyprepared written materials mitt«! by the sponsor/S25 if by the could only carry over 12 general hours (MCLERegulation 4.1.6 ). The MCLEcom­ attending attorney). Allow30 bwiness (induding a maximum of one hour of missionhas found that short periods of days for a reply 10 this application. NOTE ethics) for the followingyear (2005). questionsand answersare acceptable(a THE IMPORTANTDJ!ADLINES. If you Thereafter,you would lose the remaining rule of thumb \\'Ouldbe about 15 minutes have nlreadyattended a course for CLE hours. per six-hour program). However,programs that was not pre-approved for 2006, includinglengthy question -and-answer pleasesubmit an application as soon as Myth: I can wait until December sectionswith no planned presentationor possible. Untimely applications mny be 29 and purchase all my credits online. written materialswould "raise a redflag " denied. (or additionalreview or denialof credi.t. Fact: No sr.lf-st11dyco11rsesmay be Myth: It is the state bar's rcsponsi· approvedfor CLE credit in Alaboma. Myth: I changed my address on bility to keep up with my CLEhour s and Alwayscheck lhe oourselistings at my transcript; I don't need to check it on scnd me a report annually. """"alabar.orgldeto determineif the the AS.BWeb sire ( www.alabar.o,i:). oourscyou wish t.o take is interactiveand At one time. the bar would Pleasedouble-check any Fact: bas been approved.Additionally, online Fact: send written transcripts a.Mually. oouucs must be oompletedby midnighton address changes on the ASBWeb site to However, now you may accessyour tran ­ December31 , not just purchasedby lhat confirm that the changes you submiu«l script a1 anytime through our Web site at date. It is your responsibilityto make sure with your CLEchanges are reOeckd on www.alabar.org.Since Septtmbcr, most of your oomputeris in workingorder b<,fore your mcmb<,rshipinformation page. If our sponsors are now posting CLE auen­ attempting to takeonline courses.Finally, incorrect, you should e-mail Membership dana: after seminars. Therefore,)'Our )'OUmay not obtninmore than sixMCLE Servi~ at [email protected] inform transcripts arc constantly being updated hours oriline, so you Olllnotexpect to them of any changes. 10 reflect the actual hours you attend obtain all )'OutCLE credits via the Internet. programs. It is your obligation to correct Myth: I attended a seminar in any inaccuraciesin your transcript and 10 My firm is doing a CLE this Birminghamand gnvethem my Social Myth: report any hours that ore not reflectedon summer, so J will get all my CLE hours Security number. ILis up to the sponsor to your transcript to the bar. Youmay send there. make sure that I get credit for attending. changes to MCLE Commission. P.O.Box 67 1, Montgomery, Ahbarna 36l01. Fact: Under MCLERegulation Fact: After. seminar. always check Information on how to file formal 4. 1.14. law firms may not obtain CLEcrttl­ your transcript online within 30 days. reports for 2006 will follow. it for programsunless half the instruction Some sponsorsdo not request CLEcredit is from personsoutside the 6cm. To con­ in Alabama. It is )'OurresponsiblHty to firm chatyou will obtain credit for CLE submit the course if the sponsor does not. Since most of the oon•compliance programs in your firm, makesure the Sponsorsshould submit coursesat least issues have now been resolvedfor 2005, I course is submitted timelyand bas been 30 days prior to the seminar,so you welcomeyour suggestions,comments approvedprior to the saninar date. mould know at the date of the seminar if and gentle, constructiv,, criticisms.I am lhe ooursc has been approvedand for how hopeful that by remaining in oonstant Myth: l don"t need CLEb<:cause I many hours it has been appro\'l'd. DO communication with our members, l can only practiceda few weeksout of the year. NOT EXPECTA SPONSORTO SUBMJT serve you welland be availableto help YOURHOURS IF YOUDID NOT PRO­ ensure that the CLE presented in our Fact: Under MCLE Rfgulation 2.5. VIDE A CORRECTALABAMA STATE state is of the quality that you expect as if you held a regular licenseduring "any BARNUMBER ( YOURASB #). members of the b<,nchand bar. •

177 ALABAMA LAW FOUNDATION Announces 2005 Fellows

t the beginning of each year,the Friday,February 3, 2006, at the Capitol The Fellowsprogram was established Alabama Law Foundation City Club in Montgomery. A gathering in 1995to honor Alabama bar members A announces the lawyersselected to of 164 people enjoyed the evening's who have made significantcontributions join the FellowsProgram. No more than spcakc.r, lbny Barnhart, Tlie Atla1110 to their professionand th.circommunity . one percent of bar members may become Jo11rt1al·OJ1tsrir11tio11sportswriter for Those chosen to become Fellowsarc Pellows;therefore , the selection commit· national collegeathlcLi cs. Tony Barnhart given the opportunity to increase their tee invites into fellowshipan exceptional is alsoknown for h.isThursday night leadership roles th.rough the Alabama group of lawyerswho hove demonstrated ap~rnnces during footballseason on Law Foundation.As leaders in ihc legal their dedication to improving the world "CollegeKickoff Countdown" on Fox community, Fellowsprovide 6nandal around them. Spons Net South, and his Saturday and personal support fort.be Alabama This year's new Fellowswere rccog· ap~rances on "College FootballToday • Law PoundaLion,the charitable arm of nizcd at the annual FellowsDinner on 011 CBS. the AlabamaStai. Bar. •

__ _ ,, __ ""'Ml/Ja/>IJ-.Nllln&tlOC_.. .!w11,11 Coo&. -c.,,,p,, ¥ti S... H,n/tw

Fellowsaccepted into membershipfor 2005: JosephM. 810W11 , Jr, Mobile Broo• G. G1net1,Jr .. Brewton FrankB . McRlglll.HunlSVllle Poilnerin CurMlingham, Bounds.Ciowder, Pannar in Thompson, Ga11et1 & Hu,es Pann01InI.Mier. Faro. S'1avef & Payne &OWi\& BreedllMl Jolin C. Gullahom, AlbefMlle CarylP . Print!. Birmingham Julian D. Butler, Huntsville Pannerin G~llahom& Hale Judge.111\h Juditial Circuil Oo,,n PartnerIn Siro1e & Pem~tt StephenD , Heninger, Birtningllam W. Sl811eilSlames . ijirmiogham RicllanlF. C.lboun , TIO'/ ParmerIn 1-tenlnge,,BU!ge. Vargo & Oavir Panner1nStarnes & Atctunm Part11erinCalhoun. Faulk. Watkins & Fairtloth James J. Jeetiins, Tuscaloo3a CooperC . Thurber. Mobtle Sue Btll Cobb. Molltgomllf'( Parlnelin Phelps,Jenltlns . Glb!Qn& Fowler Partner111 lyons, PIJIOI & Cool< Judge.Alabama Co111t of Cnf\1111111Appeals TIIOIIIIIH . K•111e. Morngome,y w. Lee lllastoa, B1rmmgti.1m CeciliaJ . Collins, Mobile PartnorinRush100, Stake!'(, Jomscon & Gal!8\t Pannorin Burr & Fonnan l'artl1e!,nJohnstooe. Adilll$, Bailey, Gordon & Harris Michael D. Knigld,Mobile .,._ E.Wllll- Monipery JolinH. England, Jr, Tuscaloosa PattnerinMc()qwell, ll(t,ight floedder & Sledge l'Dftnelm Melloo. Espy & Williams Judge. 611)Judicial Clrcult J. AndlonyMclain . Mootgomeiy lieneralCo111sal or tileAlabama Slate ea,

178 MAY 2 00 6 ALABAMALAW FOUNDATION cusFINCH SOCIETY courtsarc t/Jegreat levelers, all menare crented equal . .. 11 Atucus Finch TaK,11 A Al0

In serving the legal needs of the poor and those no one else would represent, Atticus Finch epitomizes the type of professiona l, and person , lawyers strive to be . 11,e Atticus Finch Society's mission is to build an endowment in order to secure the fun,re of the Alabama Law Foundation 's work to make access to justice a reality for all Alabama citizens . The Atticus Finch Society recognizes the need and acknowledges those whose co,m,ge.horror and sense of duty compels them to ,1cl.

WE ARE MAKINO A DIFFERENCE For C/1artcrA lembership Tufomralion Coulacl: Tracy Daniel, ExecutiveDirector I ALABAMA uwFOUNDATION 1.800.354.6154 or 269 . 15 15 I [email protected] www.ALFINC.org BEYOND MERE ETHICS Improving Professionalism the Practice of Law

s the W1tct'g3tcscand.u unfoldtd in the culy 1970., ii rrpui.1ion for pro(ession31wnand lca,cs ij favor.1bleimprcss1M was ckar that many l•W)'l'n Weft lnwl\·,:d. No • rnuh. a wi1hjudges ~nd la~rs ;iii~. Oicnts and opposingcouniel wlll A public hue and cry•"* for ,1rklcr ~ufati on o( notice whclhcr you rcrurn phone mess.age,prompdy . Yourpro ~ At thu time, manythought 1ho1tbr rclalh·clynew ABA fessionalimage will improve i( you circfullyproorrr,d docu· Modd Code of Ptolnoio,.I Rt$polllibllity •ddr<:>!Cdne,rly Jll ments and heed grammar and wage con,·mrion.1. quotlons worth comidering.1 lne Kut11kCommhsl on ronclud· ed that additional ethical standards were needed and the ADA Show respect for everyone adopted the Model Ruleso( Pro(mionnl Conduct in 1983. l!wn o.sethicnJ rules wcrc btlng mlnftcd. the benchand bJr A irue professional demonstrn1es lhc utmost resp« ! for other noted othcc.disrurbingurnds in the behavioroflaW)'CI'$ . The people at all times. "l'ocong raLLil>lc and shal(.,h ,ind; with 1crm"unprofessio nal" c11mcto dc=ll><-bthnvh,rt 1ha1w ere nci· opposing coun.!'l'l")'Oncwill never compromuc your ics not only Ill the judge,~nd dJcd dlans.c.~ uticluoggQIJ • rrwchinp that ordimry nppc)llngcounsel. but 10C\'ffyonc. Ne>'ff ignore §uppon sutTor LUrthem for giantcd, and nn'ff ,~, )'Ourfrustmions on coun law,= Qlll do ID imr- pro(N.\1onahsm. llalI ~ o( suchbch•Yiors will in,.1mblygr1 b,ck 10 the il1det-The legalprof essioncould hatdly fw1ctionwi thout the Master mundane upects of bdp of aiurt rq,onm, couriers,the staffof print ihops, and the practicing law t«hnlcians wbo~ your compu1crsand phoiocop,er,.Tr~, wi1htbc-,.: councsocs that )'OU appr«fa1c. No cthiall rule b viofattd I( you ore lift Or ten mmu~ late them for a d1cnc oppillatmn n. Still. I( ratd111a,hccomcs CU$lunury, it rc0cc1$poorly on )'DU' pro(mionllli,m. Dt\'clop o rrputatlon Remember that professionalism for being on dnM for appointmcnlJ, drposllions, and rourt demands much more than techni ­ appairancn. Ply your court reporter invokes wllh lhr e.unc cclcritywhh whkh you insi.11on ..-rmm1 uf your fM. cal proficiency Judg<"Ialwa)'ll apprcc.fo1c 14~11 who coiqlstcntly (ollowthe A professionalmmt. 11fc.oursc, b e tcchnic•lly compcm11. llut rulesof p10<1cdurc.C,rcfu lly following1hr rolr enhance your t«hnic.al proficiency,hy itself, does not mnkc nn allorn,1'

180 MAV :uo~ profes.sional.ln Clark v. Florida,475 U.S. 1134( 1986),a law stu· Court then concluded that the plaintiffs werr ITCCI,and filed dent got a speedingticket, went to trial prose, and was fined $100. new opinion affirming the judgment. He then atlcmpted to nppcalthe conviction,but failedto observe The Court noted tbat counsel for t.he plaintiffs had advanced the procedural rules for doing so. ln his repeated filings, he relied "a principled argument that the Cou\'.t's initial holdingwas in for suppon on a ~1oridaCoun of Appealscase that had btt n error."• Counsel, however,combi ned the winning argument on reversedby the FloridaSup reme Coun. He evcnrually sought the jury instruction issue with an ccusotion in a brief that review by the U.S.Supreme Coun. arguing that the 55 mph speed memoers of the Court were"scj)ing'iav'd'rab lc"tlcci.s1ons to the limit was unconstitutional.The coun denied the petition wid1out highest bidder.''• In a p~..t.'in opinion, the Court responded opinion. that: ~ .. ·1nen Chief Justice Burger urged that Clark (who had by then ICounsel's I remarks in this regard, as unfounded and com­ been admitted to the Florida bar) be sanctioned for filing a friv­ p~ly unpro(cssional as they are, sadly arc indicative of a olous appeal Burger 11£lledthat Clark had dcn1onstrnted a con­ g trend among some attonteys who feel that an applica­ tempt for the Florida courts and the system of justice by rep~ n for rehearing provides them with a buUypulpit for venting edly ignoring filingckadlin cs and by raising patently fri their frustrations after receivingan adversedecision. Whether claims.Al though Cfocks howed that he wasnot t some attorneys believe il to be necessaryto spew this venom for ficient, Burgu noted the dangers of training ni· the benefit of their unhappy clients or to take the spotlight off cal proficiency "without instilling • sense ' of their own inadequaciesas legal practitioners, such childish responsibility and ethi.as-a bit like giving• small y a loaded behavior is uncivil and beneath the mcn1bersor a professional pistol without instruction as to when and how it is to be used." bar association and it is a dangerous method of appellate advo­ The case of Prudential BallardRt-ally Co. v. Wea herly,792 So. cacy. By couching a rehearing argument in the form of a writ­ 2d 1045 (2000), shows that being right is not the me thing as ten temper tantrum, an attorney can detract from the merits of being professional. In Prudential, the plaintiffs on a jury verdict the argument and do his or her client irreparable harm by fail­ and punitive danmgcs.Th e defendants ap arguing that the ing to maimain the required Levelof professionalism. I.rialcou n erred in fullingto io.structthe jury on the mitigation 796 So. 2d al 1060. of damages.~win:.:~ ,; =• granting the defen- The lessons from Prudential are clear. Even well-reasoned dants a new~ · tthcJring, arguing that and superior arguments may be made in an unprofessional way. the defendants had not pmerwd the jury instruction issue.The No matter how frustrating the situation or how unhappy the

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I II l \ I I I! \ \f I I \ \\ l 1 H. 181 clients,unprofessional behavior in any guise is beneath the dig­ Endnotes nity of the bar. ThcmuO Morgan8111 Rooald O Rownda.ln>f"""1ROI 11e.!lX]IWINhl)' 1(81h ed 2003( Recognize that professionalism 2. Keil/I8 Norman.·1n the Splnt or Poollc Service." S3 AI.T Law 436.43711992) leads to job satisfaction 3 See"General Onie< In ra Standalds lorPro fess,onalc.nci..ct· (M. O Ala. Jan 8, 1999).a"2il;ibl• at W>create an atmosphere that Juslin L Garrett.II Juu111L.Garrtn. IIis aR assoc:iallpn:,klssor oflaw a1 ~ U'IM!,n:1ry·sTharr-Js GoclOlt the public can trust. Professionalismdemands that we sec our­ Jcr,n Schoolol lJtw He II a f(iml!tAr\Mlm d lllrictjtAlge and seno u.alaru:mty ri.. selves as serving others and that we take steps 10 make sure that d,,iSlon. uS °'Pin"""'o l JUll

182 MAY 2006

...... Meeting Highlights Renew. Relax. Rrco1111cct.

Previ w .. • • • • • li('{'l • EARLYBIRO VENDOR PR.EVlEWA NO RECEP'TION SEAN CARTER,HU MORISTA T LAW Wednesday, July 12 from 4 • 6 pm ·aeanlng Up the Stress Mess" In nearly a decade of law practice after graduating from Harvard law Rc.\frcsl1 School, Sean Carter has been dubbed • COFFEE/TEAAN O MUFFINS will be provided by the r - ~· • America's funniest lawyer• by the BIRMINGHAM SCHOOLOF LAW between 8 • 9 am Radio-TV Interview Reporr, and has Thursday, July 13 outside of the Plenary Seulon meeting ~ -- . been described as •1nformauve , room. Insightful. and always amusing .· A much sought-after public speaker and syndicated colum · nln, his weekly legal humor column has appeared In news­ I •" • TEETI ME WITH ISi ALABAMA papers In 30 states as well as countless Web sites . He Is also The ISi Children's Party will be Friday, July 14, on the the author of two books. the acclaimed If It Does Nor Fl~ PUTT PUlT course from noon to 2 pm . Children ages S· 15 Musr You Acquit? and 2002: A Lawpsided Year In Review. are welcome . There will be FREEplua for parents and children . There is no charge for the party, but registration Is 811<>1) required . See registration form on page 5. Contact Rita Gray • SILENT UCTION FUNDRAlSER at (334) 26.9-1515,ext. 305 for more information. Hosted by Attendees of the Membersh ip Buffet will have the opportu · ISi A/ab.Ima,a division of lnsura~ Sp«iaHffl, Inc. nity to bod silently on artistic 11easures, unique products and tempting services .•• and all proceeds will go to a great c,iuse. La11gl1 Beneficianes of this spec\al lundralsing event. which is includ · ed In the admission cost for the reception, are the lawyer THE BOB NOONE SHOW Assistance Foundation, established by the Lawyers Helping Thursday, July 13, at 8:15 pm following the lllwyers Committee of the Alabama State Bar, and the Justice Membership Buffet at 6 pm . Janie L Shores Scholarsh ip Fund, establish ed by the Women's Bob Noone maintains a successful legal prac· Section of the Alabama State Bar. Donations are tax tlce, yet he manages 10 step into the third deductible . person and parody the law life around him In a funny, thoughl ·prOYOking manner which everyone enjoys. For several years he hosted \Vin ...... "Legally Speaking.• a live radio legal Wik show, which pro- • GRANDE PRIZEGETAWAY 2006 : PAMPEREDAT PAlMElTO vided humorous topics for his music. This year's Grande Prl~e Getaway winner will enjoy a Noone has been writing and performing music for over 20 weekend of Low Counlry leisure and sheer re laxatlon years, "1tlrlzlng the realm of the lega l wor ld. Over the years In the beautiful surroundings of The Inn at Palmetto Bluff. he has performed his distinctive brand of musical humor Located in Bluffton , South Carolina, a coa,ta l setting before thouiands. meri ting standing ovations from conven · between Hilton Head and Savannah, Palmetto Bluff tion participants. Recent comments : ·Toe best part of Bob's has achieved wide acclaim for luxurious accommodations, music Is that you don't have 10 be a legal eagle to enjoy It .•. distinctive cuisine and stimulating adventure. but he does provide a needed service to the profession -get · The Getaway Prize includes a three-night stay, complete ttng people 10 laugh at their legal experiences. You crrtainly with a resort amenity pa

• . 2 . Schedttle at a Glance ......

Programs ha ve been designed to ~ am • 10:00 am interest both practitioners who WELCOMEANO OPENING 10:30am • 11:30am ATIORNEYS' INSURANCE occasionally handle partiwlar areas PLENARYSESSION MUTUAL OF ALABAMA of the Jaw, and those who concen· "Cleaning Up the StressM ess" ANNUAL MEETING trate most of their practice In that Sean Carter, Mesa, Arizona area. Presenters reflect the unique M r. Carter draws on his decade of 12: 30 pm • 2.-00pm experienS·free You will enjoy learning as well as Mesa, Arizona legal career. •PnldJce Makes Perfect ... taking advantage of the many Except In the Law" opportu nities for social/zing and 10:00 am· 10:30 am SHn carternow takes a fight-hearted making new friends during your stay COFFEEBREAK look at the practice of law. In this hilar · In Sandestln. Special programs VISITLEGAL E XPO 2006 hws presentation, M r. Carter examines his IS )lears of eJq>erlenceIn the law - Include updates from the Alabama 10:30 am • 11:30 am beginning with his introduction to '8w State Bar Leadership Forum. a panel "Issues in Ethics and Professionalism: Guarding school itt>dcontinuing through his discussion of the progress of minori· •tours of c1uty• laW)'l!f In private AgalnSI Cr= lng the Line• es a ties in the profession and a report and as ln-hocM counsel. In rhis Alabama State Bar practice from the ASB Quality of Life survey. talk. he tacklesLaw School - Torts, "Recent Developments In Contracts and Cellbacy.. . Oh Myl; FamilyLaw, 2006" Law Firm Recultlng - And You Wc>tln esda.y • •Julv . 12 Family Law Section Thought F'tshermenTol d TallTales !; *Broken Records: Law FirmAssociates - Subordinate • ANNUAL MEETING OFFIOALLYOPENS "'-rvation of Error and Conwrtible tndennnd Servan1S; 4.-00pm • 6:00 pm How to Fix a Record on Appeal" Making a LivingIn-house (Provided ANNUAL MEETING REGISTRATION Appellate Law Section You Don't Want to Do a Whole Lot of 4.;00 pm • 6:00 pm • A View from the Bench: •Living*);and BalancingWork and LEGAL EXPO2 006 and EARLYB IRO Access10 Justice" Family and Other Legal Falty Tales. VENDORPREVIEW RECEPTION Volunteer La..y,?IS Program Drawingon his background as a stand· Ho~ d'oeuvres and refreshmen1S Of the Alabama State Bar up comedianand a corporate 18..,.er. he speaksfor e"")'O(N! who has e11et served as you relax and recoMe<:t 10-.30am· 12:30 pm with friends while meeting the "Recent Dewloprnents salbbled on a legal pad. exhibitors at LEGALEXPO 2006 In the Alabama Leglslature• SPEOALPRESENTATIONS 2.-00pm • 4:00 pm Alabama Law Institute • Alabama Law Institute Legislative awards BOARDO F BAR COMMISSIONERS' 11:30 am· 12:30 pm MEETING • A Criminal Defense • ABICLEAward 4 :00 pm · 5:00 pm Law Update , 2006" • Judltlal Award of Merit MClE COMM ISSION MEETING Alabama Criminal Defense • AlabamaState Bar DlSCIPllNARYCO MMISSIONM EETING Lawyers Association Award of Merit "Why Alabama Needs a • Alabama State Bar Thu rs day, .July l !l FalSI!aaims Act" Pro Bono awards Alabama Trial LaW)lelS 7:30 am · 8:45 am Association 2:30 pm • 3:30 pm AlABA MA lAW FOUNDATION "Legal Ethics Update, 2006" • Labor and Employment TRUSTEES'BREAKFAST Officeof General Counsel, Law Update. 2006* 8:00 am • 5:00 pm Alabama State Bar l.ilbor and Employment Law Section ANNUAL MEETINGREGISTRATION ·What's in Your Wallet? • Professionalism Then LEGALEXPO 2006 The Dollars and Sense of and Now: Plaintiff Vi=" 8:00 am • 9:00 am Utllizlng Your Paralegals" *The Duty of Profeulonal COFFEEFrEA/MUFFINS Alabama State Bar and Conduet and Civility In Sponsored by Birmingham Alabama Association of Litigation: Defense View• S

• . 3. Schedttle ai a Glance (Continued from page 3)

'fhun,dny . ,Ju ly t:l "Today's Best Practices1n 12:30 pm • 2:00 pm Law Finn Markeung• WOMEN'S SECTION RECEPTION & 2:30 pm • 4:00 pm The RemsenGroup. Atlanta THEMAUD MCLUREKELLY AWARD • Adventures In Administrative Alabamll Stare SiJr LUNCHEON Law: It's Not For Sissies" 10:30 am • 12:30 pm Women~ s«tion and Admlnisrrarive Law Section "Mult1Medla Depositions Alabama Stare Bar (Reception to follow) and Trial. Using T4'Chnology 2:30 pm • 4:00 pm 4:00 pm • 4:30 pm in the Courtroom to Wlnl" "Seal the Deal: Powerful YOUNG LAWYERS'SECTIO N LegatUnk, 11Merri/I Company· Skills to Get Agreement in BUSINESSM EETING Alabama Negotiation and Mediation• 10:30 nm · Noon A/temotlve Olspure Resolulion 5:00 pm • 6:00 pm Program and Alabama State Bar VlP RECEPTION "The Uniform Probate Code" Honoring Pro Bono Award winners Elder Law Section and Real 5:00 pm • 6:00 pm Property. Probare and Trusr PRESIDENT'S RECEPTION Honoring President Bobby Segall 6:00 pm • 8:00 pm Law Seer/on MEMBERSHIPBUFFET • Justice Delayed, Not Junke and Sandy Segall SIUNT AUCTIONFUN DRAJSER Denit!d' The Prosecutions of 6:00 pm • 7:30 pm (PrO(ftds to bene fit the Lawyer the 16th Strfft Baptist Church • UNIVERSnYOF ALABAMA As5lmlnceFounda tion and the Justice Bombing Case" SCHOOLOF LAW ALUMNI Janie I. si-es Scholarthip Fund) G. Douglas Jones, Birmingham RECEl'TION 8:15 pm WIiiiam J Baxley, Birmingham • CUMBERLAND SCHOOLOF LAW THE 808 NOONES HOW Ala/Mrn11S~ll' Blllr ALUMNI RECEPTION "The Five Things You Cannot 7:30 pm • 9:00 am Fridny . .Ju ly l-1 Change About Law, and DESSERTRECEPTIO N FORA LUMNI Must Accept 10 Be Happy: AND FRIENDSOF THOMAS GOODE Open Forum On Quailty·Of· 7:30 am • 8:45 om JONESSCHOOL OF LAW llfo Issues• EARLY MORNING BREAKFASTS A/abflEN'S PUTTPUTT PA RTY • L.oc.111Bar Aehiew ment Awards Intellectual Property Section TEETIME WITH ISi ALABAMA • Kids' Chance Scholarship "Workers' Compensation Law (Ages5-1 s. free pizza • Grande Prize Drawing Ca$e Update: Employer and l o, parents and children) INSTAU.ATIONO F NEW PRESIDENT Employee Viewpoint· Sponsored by ISi Alabama, Workers' Compe,wrioll Law Secdoll a dMsion of Insurance Speda/Jm Inc., /llofCTOS$,Georgia 11:15 am "Progresso f Minorities in lhe BOARD OF BAR COMM ISSIONERS' Legal Profession. 2006 Update" MEETING Alabama LilW)'t'l1Associarion 12:30 pm and Alabama Srare Bar ANNUAL KIDS' CHANCE "Recent Trend1 In Jury Verdicts" GOLFSCRAMBLE REGISTERTODAY! Alabama DefenseLal'.¥'11 Kelly Plantation Register onlin e at www.alabar.org As1oclarlon

• 4 . KIDS' CHANCE Golf Scramb le ...... Join us for an afternoon of golf at the Kelly Plantation - made even more rewarding by knowing that you are making a difference in a young person's life. Sign up to play in the 13th Annual Kids' Chance Golf Scrambleon Friday, July 14, 2006. The Kids' ChanceScho larship Fund provides scholarshipsfor children who have had a parent killed or permanently and totally disabled In an on-the-job injury. Kids' Chancewas established in 1992 by the ASB Workers' Compensation Section. Since then we have awarded $311,000 in scholarshipsto over 100 students, many of whom would not be able to attend college without our help. If you are unable to play in the tournament, plea.se sponsor a hole. The Workers' Compensation Section appreciates your support. - Wendy Thornton, chair GOLF SCRAMBLE ENTRY FORM Name ______Handicap __ _ Firm______Address______

City ------State _ ZIP Code__ Office Telephone Home Telephone ------E-mail Address ______

Individual Player S150 S __ Pleasemake checkspayab le to: Kids' Chance Scholarship Fund OR pleasebill my credit card:0 VISA O MasterCardO AMEX Hole Sponsorship S350 $ __ Card No.______Hole Sponsorship& 1 Player Slot S375 S __ Hole Sponsorship & 4 Player Slots S600 S __ Expiration Date ------TOTAL ENCLOSED S __ Signature ______If you do not have a team, you will be paired with another player. For more information, contact Tracy Daniel at B00-354-6154 or t [email protected].

••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Tee Time With ISi: Childr en's Putt Putt Party Hosted by ISi Alabama, a division of Insurance Specialists, Inc., Norcross, Georgia Bring the kids for their own "golf scramble" and pizza party. The 151Children's Party will be Friday, July 14, on the PUTI PUTI course from noon to 2 pm. Childre n ages 5-15 are welcome . There will be FREEpizza for parents and children. TEE TIME ENTRY FORM NO CHARGE, BUT REGISTRATION IS REQUIRED Parent's Name______

Child's Name ------­ Child's Name ------Child's Name ------Child's Name------Mailing Address______City ______state _ ZIP Code__

Office Telephone______Home Telephone ------E-mail Address ______Cont act Rita Gray at (334) 269 -1515, ext . 305 f or mor e inform ati on .

. s...... Meeting Registration Form Advance registration forms MUST BE RECEIVEDNO LATERTHAN JUNE 30, 2006. Cancellations with full refund, min us a S25 administrative fee, may be requested th roug h noon, Friday, July 6, 2006. NOTE: In order to claim CLEcredit for the annual meeting. you must be registered for the meeting. PLEASEPRINT . Name (as you wish it to appear on name badge) _----::::------=------, =------­ Check categories that apply: 0 Bar Commissioner O Past President O Local Bar President O Justice/Judge Firm ------Office Telephone ------BusinessAddress ------Cify______State ___ _ ZIP Code __ _ E-mail Address------Spouse/GuestsN ame ______

Child/Children Name(s>·------­ Please indicate any die tary restrictions: 0 Vegetarian O Other ------­ Pleasesend information pertaining to servicesfor the disabled: 0 Aud itory O Visual O Mobility REGISTRATIONFEES (A dvance Registration) (A limited number of reduced registration fee scholarships are available. Contact the Alabama State Bar for details.) ADVANCE REGISTRATION By June 30 After June 30 Fees _ Alabama State Bar Members S240.00 S290.00 s___ _ _ Full-Time Judges s120.oo S155.00 S___ _ _ Attorneys admitted to bar 5 years or less S1 20.00 S155.00 S___ _ _ Non-Member S395.00 S420.00 S___ _ (Does not apply to spouse/guestof registrant or LEGALEXPO 2006 vendors) TOTAL REGISTRATIONFEES S___ _ OPTIONALEVENT TICKETS Thursday, July 13, 2006 No. of Tlckets Cost _ Bench & Bar Luncheon @ S25.00 ea. s___ _ _ Membership Buffet (includes 2 drink tickets) @ SSB.00 ea. s_ _ _ _ _ Special Children's Menu - 1O and under @ S 5.00 ea. s___ _ Friday, July 14, 2006 _ Alabama State Bar 2005 and 2006 Leadership Forum Breakfast @ S17.00 ea. s___ _ _ Christian Legal Sociefy Breakfast @ No Charge _ Farrah Order of Jurisprudence/Order of the Coif Breakfast @ SH .SOea. s__ _ _ Howard University School of Law Alumni Breakfast 0 S17.00 ea. s___ _ _ Universify of Virginia School of Law Alumni Breakfast @ 517.00ea. s___ _ _ Vanderbilt University School of Law Alumn i Breakfa st @ S17.00 ea. s___ _ _ Tulane Unlversify School of Law Alumni Breakfast @ S 17 .00 ea. s___ _ _ The Maud Mclure Kelly Award Luncheon @ S30.00 ea. s___ _ _ Children's Party: Putt Putt & Pizza (PRE-REGISTRATION REQUIRED) @ No Charge (Hosted by ISi Alabama, Insurance Specialists, Inc.) _ President's Reception (Limit two tickets per registrant ) @ No Charge _ Cumberland School of Law Alumn i Reception @ S25.00 ea. s ___ _ _ Universify of Alabama School of Law Alumni Reception @ S25.00 ea. s___ _ _ Jones School of Law Dessert Reception @ No Charge TOTAL EVENTTICKETS FEES s. ___ _ TOTAL FUS TO ACCOMPANYFORM s_ _ _ _ PAYMENTMUST ACCOMPANYREGISTRATION FORM . Checlcsfor Registration/Tic kets should be made payable to the ALABAMA STATEBAR . OR Please bill my credit card: 0 VISA O MasterCard O AM EX Card No. ______Expiration Date Cardho lders Signature ______MAIL REGISTRATIONFORM & PAYMENTTO : 2006 Annual Meeting, Alabama State Bar, P. 0 . Box 671, Montgomery , Al 36101

· 6- Hotel Reservation Form ...... Hilt on Sandestin Beach Golf Resort & Spa

Room Reservations MUST BE MAD E DIRECTLY WITH THE ALABAMA STATE BAR To ensure your accommodations, reservations shou ld be received NO LATER THAN FRIDAY, JUNE 9, 2006 . • •••••••••••••••••••••••••••••••••••••••• RESERVEA CCOMMODATION S FOR (pl ease print o r ty pe):

Firm/Company______

Addre~ ------City ______State __ _ ZIP Code------

Office Telephone------­ E-mail ------Arrival Day/Date ------Departure Day/Date ------

CHECK-IN TIME is 4:00 pm. CHECK-OUT TIME is 11: 00 am. $50 Early Departure Fee for checkout prior to confirmed departure date.

Group Rate: 0 S239 Resort View (per night) Single or Double Occupancy 0 $289 Beach View (per night) Single or Double Occupancy 0 $339 Beach Front (per night) Single or Double Occupancy Above rates do not include 11% Florida safes tax. (Subject to change)

Please Check: 0 King Bed O Two Double Beds (Queen) 0 Smoking 0 Nonsmoking Number of Rooms Required __ Number of Adults __ Number of Children __

ADVANCEDEPOSIT OF ONE NIGHT'S ROOM AND TAX IS REQUIREDTO CONFIRM RESERVATIONS.

Method of Payment: 0 Check Enclosed (made payable to Hilton Sandestin)

0 Type of Credit Card ------Credit Card No.. ______Expiration Date__ _ Name of Credit Card Holder ______

Card Holder's Signature ------­ Deposits will be recorded at the time reservation is made. No charge for children under 17 sharing room with parents. A deposit will be refunded if cancellation of reservation is received 7 days prior to arrival date. NOTE: There is an $8.00 daily parking fee at the Hilton Sandestin. ~l'·:-~

1 - • ...-. PublicationsOrder Form ' ' f'he .\labnma State Bar is pleased to make m ailablc ~ to indi\ idual attornc)S, firms and bar associationl>. ALABM 1A STATE BAR at rosl onl). a series 1,fbrochures on a variet) of legal topic~ of' interest to the 14cncral public. Below is a current listing of public information brochures available for distribution by bar members and local bar associations.

To Serve the Public $10.00 per 100 .. . Bighllghts and details of bar public service programs from the TO SERVE THE PUBLIC video presentation. Law As A Career $10.00 per 100 Qty_$ __ .. . Information on the opportu.nities and challenges of a law career today. Lawyers and Legal Fees $10.00 per 100 Qty_$ __ . .. A summar y of basic legal procedures and common legal questions of the general public. Last Will & Testament $10.00 per 100 Qty _ $ __ ... Aspects of estate planning and the importan ce of having a will. Legal Aspects of Divorce $10.00 per 100 Qty_$ __ ... Offers options and choices involved in divorce. Consumer Finance!"Bttying On Time" $10.00 per 100 Qty __ $ __ _ ... Outlines importan t considerations and provides advice on financial matters. Mediatio11/Resolving Disputes $10.00 per 100 Qty __ $ __ _ ... Ao overview of the mediation process in question-and-answer form. Arbitration Agreements $10.00 per 100 Qty __ $ __ _ .. . Answers questions about arb itration from the consumer's perspective. Advance Health Care Directives $10.00 per 100 Qty __ $ __ _ ... Complete, easy to understand information about health directives in Alabama.

ACRYLIC.BROCHURE S TAND $5.0 0 EACH Qty _ $ __ ... Individual stand imprinted with attorn ey, firm or bar association name for use at brochure distributi on points. One sta nd per brochure is recommended. Nametoimprinton stand : ______MallingAddress= ------

Shipping & Handling $5.00 TOTAL $ ___ _

Please remit CHECK OR MONEY ORDER MADE PAYABLET O THE ALABAMASTATE BAR for U1eamount listed on th e TOTAL line and forward ii with this order form lo: Susan Andres, Director or Communicntions, Alnbamo State Bar, P.O. Box 671, Montgomery, AL 36101 De icit Re ~uction Act o 2005

/il 11///1\\/(I HI //Iii

he Deficit ReductionAct of 2005 (S1932), which wa.s Partial Months of lneligibility :Tbe.DRJ\ signed into l3w February8, 2006, makes extensive prohibits states from rounding down or disregardingony frnc­ T cbongesto severalnreas involvingMedicaid long-term lioaal period of ineligibilitydue to a transfer of assets. care eligibility.MOSt of these ch3ngcsopply to transfers of assets and rran"'ctions, suchas the establishment of a 1rus1 or the pur­ Multiple Transfers: States a re authorized 10 treat chase of an annuity, occurring on or after the date of enactment. multiple transfers in separate months as one transfer by calcu­ The MedicaidAgency will be adopting emergencyrules to com­ lating one penalty period using the total uncompensatedvalue. ply with this statute, but the federal law is already in effect. Notes, Loans and Mortgages: Funds used to purchase promissory notes, loans or mortgagesare considered to Summary of Long-Term Care be transferred for less than fair market value unless the instru­ Eligibility Provisions of the Deficit ment (I ) has an actuariallysound repaymentterm, (2) provides for equal paymentswith no deferral or balloon paymentsand Reduction Act of 2005 (S 1932) (3) prohibits cancellationupon the death of the lender.

Look -Back Period:T heDeficit ReductionAct of Life Estates: The purchase of a life estate L, considered 2005 (DRA)extends the look-back period for all trnnsfersof a transfer uf assets unless 1hepurchaser resides in the home for assets 1060 months. Prior law provided for a 60-month look­ at least one year after the purchase. back period for 1rusts and 36 months for all 0th.er assrts. Change in Beginning Date for Period of Annuities: The purchase of on annuity is considered a lneligibility:T hcpenalty peciod will begin chelater of the tmnsfcrof assets unJe~-sthe annuity n1eecscertain requirements, month after assetsare transferredor the date that the personwould such as being a type described by the Internal RevenueCode , or be eligiblefor Medicaidand otherwisereceiving institutional le,·el being irrevocable and non-assignable,aciuariaUy sound and carebut for the applicationof the penaltyperiod. Under the prior providing for equal payments.with no deferral or bulloon pay­ law,Alabama Medicaid Slllrted the penaltyperiod the month after ments. the o,onth of transfe,,wh ich meam that often the penaltyexpired The purchase of an annuity is also considered a transfer of beforenursing home eligibilitywas needed.Under the ORA,the assets unless the state is named as a ren,ainder beneficiary. penaltyperiod will not srarclo run until the personwould qualify An individual is required 10 discloseon the nursing home for Medicaidand long-termcare, but for the penalty. application and on any recertificationa description of any inter­ est in an annuity of similar financialinstrument held by the Availability of Hardship Exceptions : The individual or community spouse. DRA providesspecific criteria for applying the existing undue hardship exception. It requires notice to recipientsof tl1ecxis ­ Home Equity : bidividualswith home equity exceeding teace of the exception and an appeal process. .ll provides thnt a $500,000 (or $750,000 at chcstore's option) are not eligiblefor nursing home may request tJ,e hardship exceptionwhen author­ Medicaid long-tern, care services,unless a spouse, cb.ildunder ized by the resident or personal representative. 21 or blind or disabledchild is lawfullyresiding in the home. •

I II I \ I \ H \ \t \ I \ \\ I t R. 191

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n December21, 2005, Prcsidcn1Bush signed the Gulf Greene, Hale,Pickens, and Tu.scaloosa.These are the onlyAlabama Opponunity Zone Act of 2005 (''GOZA" or the "Act"), countiesin whlchPresident Bush declared a maJordisaster imm•· 0 just in time to provide sorelrneeded Christmas d,eer lo diatelyfollowing Huniame Katrinaand detmnined that individual areasdevastated by hurricanes Katrina,Rita and Wilma.GOZA is and publicr.deral assistan¢ ,m warran1cdunder the Robtt1.T. n major pie« of legislationpatterned ofter the LibertyZone Act, StaffordDisas1et Rclid and EmergencyJlssis\uncc Act. Although whlchgalvanized th .e reconstructionof NewYork City foUowing = of the baidils olfcttd by C.OZAatt availableonly to public the 9/ I I ter:roriStdisaster. GOZA offers substantia l benefits to and privi11ecn1itits located or opaatlngin lbae OOlllltles,the Aa both publicand privateentities in the areasof Louisiana, doe$furnish an iidditiorialadvance rdunding oppoa luoily to gov­ Mississippiand Alabama which comprisethe Gulf Opportunity ernmentalentities and SOJ(c) 3) wrporatlonslocated duoupout Zoru:(the "GO Zone"). It also providessome significantrelief to the state, as discussedin greaterdcw1 below. governmentalentities and S01(c)(3)corporations located thmughou1the S1111cof Alabama,including areas outside the GO Bonding Authorify for Private Zone.This articlewill address many of the highlightsof this important legislation.The purpose of thisarticle is not to sum­ Projects Within GO Zone marizeor analytieevery aspeci of GOZA.For a thorough expla­ Stection103 of the ~nrcrnalRevenue Code pcrmiti' slate Jnd nation of GOZA.readers sb .ould read the Act i1self11nd1hc rtpc:in localgovernment$ to financegovernment.ti p rojects with tlllt· preparedby the Staffof the Join1Comminer on Thnticin, which exemp1bonds. 'The effect of thul4X exemption is to enable pul>­ om be obmin«I online at www.lwwe.gov/jct/x-88-05.pdf. lic entities to incur substantiallylower bouowins costs tban prt­ va1ecorporations. The sprt'ad between tu.xableand tax-exrmpl rates oo a 20-yearbond historicallyhas rangedbetween ISOto Gulf Opportunity Zone 200 basis point!l.Thai spread willlikely lncttaSC iflong-tern'I \Vilhin Alabama,the GO Zoneconsists of 11counties, including inlcrest ra1c. inettaSc or federal income tax ratts Increase,both Mobile,Baldwin, Washington, Cla.rl

J IJ I \ I I /, I \J \ I I II \ I /; 193 Income on bonds issued to finance focili­ ... l'ERHl'l'S 'l'IIE ensure that property financed with the ties used by a priv(lte entity in its trnde or bonds will remain in the Gulf Opportunity business is generallys ubject to rederal ISSUANCEOF Zone. The term "movable fixtures and income taxation unless the bonds are issued equipment," however, does not include for ccnain spccificallypem, itted purposrs. 'l'A.t-EXE!IP'f HONDS components that arc assembled to con· For example. it is permissible under certain 'l'O FINANCEA BUOAD scruct an industrial plant. GOZA bond circum.1tancesto issue laJC•cxempt industrial proceeds also may not be used 10 finance developmentbonds lo finance small manu­ llANGEOF PIUVA'fE tl,c acquisition or exiscing property unless facturing projects so long as the user of the a minimum of 50 percent of the cost of financed fuciUties is able to comply with fair­ J1ACll,l'l'IES THAT such acquisition financed wit·h bond pro· ly restrictive capital expenditure nales.These PRE\710USLYCOULD cecds is devott in 1.he GO Zone, which amounts lo 52. 174 billion. This volun,e certainly increaseas tJ1e ahem.alivern inin1u1n ta'\:begi ns 10 uff\.-C:l cap 4 ;,pplied 10 the entire GO Zone; there is no pro rata volume more and more middle class ta.,paycrs.C onversely,if the alterna­ cap for individual counties. Finally,no GOZA bonds may be tivemi nin1um tax is everr epeaJOO. 1he nn.ractivcnessof non·M1~r issued to finance a new project after lanuary l , 2011. bonds wiUd ecreasea nd the spread wiUbe eliminated. In addition to che special requirements imposed by GOZA. ic 111cGOZA legislation is significant bccnuse it pcnnill>the is importan t to bear in mind that GOZA bonds rcm,,in subject issuance or tax-exempt bonds to finance a broad range of private 10 all the other taJC-excmpc bond ruilcsgenerally applicable to fucllit.iesth nt prcv[ouslyC'Ould o nly be financed with tnx:ible exempt facility bonds. These rules i ncludc the following: bonds or conventional bank financing. ln an elfon 10 spur the • The substantial user of the financed facilitiesor a person reconstn1clion of Katrina-affected areas. Congress dctennined wbo is "related" Lo such user may not hold the bonds; that the avaifobility of low-cost, tax-exempt financing must be expanded to include, for example. retail fuciliries.ware houses, • The avcrngc maturity of the bonds may not cxccc-d120 per­ cent of the average reioonably expected economic life of the hotels, restaurants. office buildings,and larger manufacturing financed facilities; facilities (without regard tn the C'Jpital expenditure limitations described above).' Tax-exempt GOZA bonds mny be issued to • No more than 25 percent of the net proceeds of the bonds finance the cos1of acqu1rin~ constructing. roconstruc1ing and may be used for the acquisition of land: renovating nonresidentilll realp roperty (including buildings and • No portion of che net proceeds may be used 10 acquire land structural components). public utility property and qualified resi­ for farming purposes (wit], certnin special exceptions for dential rental property nnd to make qualified mortgage loans. The first· lhnc furn1ers )i in1pac1of GOZA on the housing sector, including the additional • No more than two percent of the net proceeds of the bonds bonding authodty 10 finance residential remal projects and make mny be spent on costs of issuance: morcgagcl oans, will be addressed later in this artic.le. See. "New • TEFRA public hearing is requir,ed; Incentives1 0 Rebuild Housing~ below. However,i c is the ability to finance virtually any private, nonresidential project on u tax­ • Federal gunrantee of the bonds is prohibited; exempt basis which represents a radical departure from prior l.1w. • The bonds may not be advance refunded; ,md GOZA bonds should prove to be especiallya ttractive to • The applicable spcnd·down requirements 10 avoid "hc-dgc investors because interest on such bonds will not be subject to hond" treatment arc met. the alternati\'c minimum tax. In thnt respect, GOZA bonds will be treated just like govern111cntal bonds and. thus, will trade ot a lower yield than comparable qualified small issue bonds or other New Incentives to Rebuild Housing excmpc focility bonds. The devastation caused by Hurricane Katrina was particularly GOZA bond proceeds may not be used 10 finnnce movable acute in the housing sector and the Act conlJins substantial tax fixtures and equipm.:nt. The purpo se of this limitation is to incentives designed to rebuild housing in the GO Zone.

194 MAY 1 006 In 1he multi-family housing Jrcna, GOZA bonds lssu,-dto =ow fund to pay principal and intl'rcst until the redemption finona, qu;ilifiedresidential rcmal proj« ts will be subjec1 10more dare, as wellas !he amoun1 required 10 redeemthe bonds on the relucd cligibililyrules- Under prior J.,w,• qualified residenii•I carlics1possible rcdernpnon dale. A refunding of tbis type is rem•I project would require thal (i) 20percent or more or the referred10 as an "adv.1ncerefu nding" becausethe refunding bonds residcnrialu11i1s be occupied by indMdunls wbose income is 50 are being iS>1K'xc redits avail•ble for low­ ing authorh)•,To be eligible under GOZA, u refunding bond issue income projecls in 1he GO Zone may prove to be more than !he mus1be the only other ou1s1anding bond issue wilh r-pandi ng the .wailnbilily of rax-excmpl financing Bonus Depreciation for pri"1llenonrcsidt nlial projects. includinghousing projects. GOZA allows busmesses to clnun a special firs1-year dcpred• ­ GOZAalso providesgovernmental cntilics and nonpro61 corporn­ tion deduction equal 10 SOpe rcent of lhe cosI of new qualified tions with the opportunity to refund existing indebtcdJlesswhich capital invcstmcnlSmode in 1hc GO Zone. This rule is available 01hm,ise could not be refunded. Mo,1long -tcrm. fuced-rate bond only if the in,·es1mcnl property was rror financed with 1he pro­ is.

I II f 1' I \ II \ \I l I \ \\ ) l R 195 --- ,. ------.~-~ - --= i'l' IS ESSEN'l'l,11. 'l'DA'I' A'rl 'OllNE\'S. .. amount of1hc volume c,,p roru spcculu1ivr - ,, . . ~ .. . - -- ... _. '• . - project ond the volume c,1p13 nut aUoca1ed ~IUS'I' DEVEi.OP A \fOIUUNG l{NO\l'IJ1UGE 01~'l'llli : in fullby the end of WIO,then the srn1e . .. . - ...... - . - . -- .. 1 wi.lJlose lhe opportunity 10hike ndvaniagc Gl/1,1 OPPOll'l'IJNl'll' ~f)NE ACTOF 2005 ; of this bonding authorny. '.-a ..... Similarly,1he Riley ulminis1m1ion hu• d«isioou 10nuJ.c rtg.11din11how to ~Ila· In ordcer10 be dig,blc for the bonus dcpr«i•11on, the property ouc the adw.nce refunding ~thonty . Ahhough the purpose nf in question must be either (ii tangible r•op(ny which, under GOZA ,.... 10 provide rclu,f to .irc;u ,tfTttt«I by Hurriane the Modifitd Accru..JCost Rcco,-c,rySystem. 1w an apphablt J,;auin,. the additional ad,'llncc,rfundong authority is •v11lobk, tteO\'ety pt'ftod of 20 )'<'ffior lffl. or (ii) computer software with the go..-emor's•pprov.al. throughout the ,we. Governor that is a,-ai!.abltfor purch.u., by the gcncnl public, sub)('Ctto a Rileymav "ish to u~ a ponion of thts iuthorit) ' to relievethe noncxx:lus1,..,lier=. and has nut bc..n tubstantiillly modifitd, nr state'sG<,ncr.d Fund by rcfundmg outst•nding indcbttdntsj that (iii) w•ta uulity rropa,y, or (iv) crn•in lcil5dlold1mpro,..,. is pa)'llblc out of the suit 's gtncnl r1In,n1al proputy . Sut»1antwly •II of the me o( ,uch school boanis or collegesand uru,ttSJIICJas put of ~ comp« · prop<11ymu" be in the trade or bwlnCS)of the t•xp•y,,r within hcnsn-ctducation initiative.Perhaps the go,-emor nwy d«ide 10 the GO Zone. In addition, 1hconginal u.c of the propcny in the gram •d,oanceIt"funding •uthori1y only 10en1it1C> within the GO Zone must commc:ncewith lhc 1Upa)er (•cc.ordingly, u,cd C.OZone. Or, the governor m•y believe11 is prudent Ill wnhhnld propcny may qualifyso lonll i, the propcny has 001 previously a portion of this au1honty with 1hccxp«:i.11011 th•I lntelJgiblc small bu1lnem,s lo expense up lo administration mny implement Cllnbe ch1ongrd111 any 1imenl public cntitle1.bu,l ­ even if they havi,roraordln•ry invc.tmcnis in one >'t'Jrdue 10 n1rina.This pruvl1 -. a,,nr., dLi>llmsl\lO ~ laa 1.b t,ri.'Y -Id!/ r1tt111« Cf money• bonds and advanu rtfunding bonds.If thr gowmor - llc,iay u,m fotijllrill"1Q ... .. , ..... 1111pmc,j>II -ol-11 ~ dctmnincs 10:alloatc the new money ,-otumc ap on • mictly tall ol - c-. to, cons...-1111P'- fint-wmc. lirst-srrv-tdbasis, w11hou1any rcstric1ionas 10 the siu 2 lu qaol.tp,g ....-...i_,.,. ..._,.,,.,..._ ,,...... ,.. of the proj1.- •he-·- ,- - .. ..., .. _.., .. Mississippio;r Loulsio J111(or" high-profile manuf,ICluringfucility. l'l'll"" Sch>olof tawll!ll!III- • ho Wit • tt.rd,C D,1i.,d Perhapsthe governor willdctermi110 1h"1 th ls bonding authority M!ltawtird I Ml,c1ICau,t a.rd IIWIQNMd'l)lt!pe PM!d II I could br lm!)OrtunlM an inducement tO smoll companies wlUing llrNcr•t 1 0 Juc1otS.m c rtilM•. Jt , ,,1-.d. Us o,.11ic1Cou n NldWn 01111,a111 li'-1ml I~ 111 shJi.••"II thli to locate or expand In undrr•dcvclop

196 MAY JOO~

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MINNESOTA LAWYERS RAISE $400,000 FOR LEGAL SYSTEMS IN THE GULF COAST; LegalServices Alabama Receives $34,000 Donation

/!l \(/ [ [\\.\ \ /'/ 11,111.\'(,

inncsotaSta te Uar Assoc1a1ion MSBAKa1rina Tusk Fora, on Deliveq•or (MSllA) Prrsidcnt Susan M. LegalSc:rviccs subcom mittee) rcccnlly M Holden recent!)'an,,ouuci,d visited LhcKatrina-affected stn tes. During 1ha1MSBA members ha,•c conI ribu1ed 1heir four dnys in 1he Gulf Coast,the s~oo.oooIll rebuild Gulf Coas1legal sys­ MSBAdelegation visited scorm· and l<'Jl1$ danlagcd by Hurriainc Ka1rina. Or OooNew Orleans. to l.cgolServices Alabama :ind 1wo More than three million people were checks cotaling $34,343 have been pre· afTcctedby hurricanes Katrina and Rila. scmcd 10 LS.~. Almos! o million were cvacwucd, mos1to MSBAPresidcn1 Holden, past MS81\ Tcx•s, but many 10 Alabama,Arkansas President Jim llaillie,MSBA staffer and Georgia. In one week in September, Jac<1udincMcG lamcr)' and Minnesota I 5,000 people applied for omcrgency auomcy AbigailTurner (chair of 1he foodstnmps a1 1hc Mobil, Civk Center.

198 MA\ 2006 CITYHALL BAYOULA BA TR E, A L.

-· al d!f-r, $"" Bit A.«oo.ttJOO""'- m ./dnuaryin 1/wo/rcnn;rthof - h1nnll .lllMna-. AISll4pt-t Jim&mil. to-mo~ MSSA/1/rmn., Ta'a/l,gaf S""""' IN'dl1l!/Jln Ja:wll.~ lmltarll fDthe ~Q' t'.ttyal S.,roi,LI 8.Jl!t

/Is of the end of January 2006. there were Program. More than 600 Katrina-related from around the store-so that they could 135,000 households ( 1101 individ uals­ coses have been opened by volunteer come back and keep LSA'slo cal offices households) registered fur FEM/\ assis­ lawyersand l>yLSA staff attorneys since open while I.SA had its own threc-dn)• tance in Alaboma as a result of hurri­ Katrina struck. 'f\vo-third s of these cases CLE to 1rain the rest of iu srafhnd vol­ c.ancsKatrina and Rita. Ninety 1hous.ind arc being handled by I.SA-with 150 unteer auomcys. of tl,ose are in Mobik , with the six, h added to the regular case loads of tlic We know from experience and are highest concentration of FF.MAappli ­ LSA's Mobile offices raff alone. deeply grateful that LheAlabama State cants out of the 369 metro areas 111 the 1'he New YorkSta te Bar hos raised and Barand Alabama Law Foundation, law country current ly reporting applicants sent LSA$10,000 . The ABA Litigation students and volw1teerattorneys will within their bow1daries.The second largest and Antitrust Section members bave con­ alwayshelp oul our coUeagucs and our concentrationis in Birmingham\\tit.h 1he ' ributed hundreds or thousands of dol­ citl1.cnsin n time of need, buc '"e indeed remainderscnttcrcd throughout the state lors to legal services in Louisiana and stnnd in awe or 1hosclawyers and organi­ from north to south and cast to "-est. Mjssissippi and made o $30.000contri ­ zations outside Alabama who are giviag A dozen Disa.i.terResource cen ten , ..•ere bution to LegalServices Alabama's litiga­ of their time and money to us to make opened in Alabama in the momhs fol­ tion fund to be used for K;urioa victims. sure the legal needs of Katrin.1vic1ims lowing Katrina. Alabama State Barand LSAh as received a contribut ion from the are met-no matter where they arc. • Mobile Volunteer Lawyerprogram s American Association of Corporate (VLPs), ugal Services Alabama staff and Counsel and a grant from th< AA.RPto lawyer and law student volunteers staffed help provide legal assis1.1nce to senior tables at every disaster resource cemer in victims of Katrim, . The Florida Bar MelissaPenh ing Alabama most days they were open. Foundation covered all the expenses for Mcll"1Persh 1111is eM!CUtM! Several 1hou sand caUs for disaster legal experienced disaster legal services t min­ directorof legal$ervas assistance have been answered 10 date by ers and focilitntorsfrom Florida to come Alah1rnll.• 11aawldl tl0tll)l"Uf11 orpi, 11tloni:rov,cf uv,bee a,11 the Alabama State Bar VLP/Young to 1\l11ban,a on several occasions and the leoolllitokJw...... La"'Yers' 5<:ction1\ BA -funJed disaster Georgia State Bar waived the registration AJ,bo...,..""'""""' ol line, by LSA'sDisaster Hotline Net,vork fee and opened its own disaster legal - Ka..... and by the Mobile Volunteer Lawyer scrvicrs CLE 10a dozen I.SA anomcys

I II f \ I l H \ \I \ l -\ \\ l I R 199 /;\\///\//\I'll) rc,:.ill. o.sif ii were )"Sterdaylb< occasions dunng 1976-78 when I wilnC$Std"up dos.- o.ndperional" 1he nttd for a uni­ I ,..,mty-based coun tduc.auon program. In the full of 1976. C.C. (Bo ) Torbert Jr. of OpclakAhad bttn cl<'Cltd1he chief jus­ liu of Abbama 10sucettd HO\\cll I tcOin. h was 10be the mpon1ibili1y ofTorbrr1 10 1mplen1enl1hr judicnl n,(onns "hich had been rccc.ntlyJdop1td I') th< Alabama lcgislarun, and public during the 1mun, of Chief J0>1iccI ltnin . As lo~rt put 11 10 me in a couvcrsation. th,s new job 1>fmine w•s Ill h•"• "some1hing 10 do with admmistrution."My 1,'Qfknl the time was in hospilal udminisrrntion 111Opdiku and the new chief justice­ clec1nnd I had previously worked together on ~evcrnl projee1s. In a ln1erconversation, Chid Ju,ticc-l!Je<:1Torbert was 10 o.sk me \0 come with him \0 MontgomeryIn January 1977 and assist him in implementing •nd adminiJtrring the new state coun sys­ tem. I r.c311dearly my r.ply 10Torbert:" I am deeply gra~ful for your f.iith in me, but I •m JU>tnot qualified to m,inagc the mtc courts. I h= nC\tt met • re.ii Ufc1udgt, I.no"' nothing about 1he coons. •nd kno" ,ny little •bout •talc go,-.mmmL"

I then .\SW the chod jusucc-ckc:11 " Ry 1h• w•y, CG1Ctly,-.t,., doesdu, chief iusticr do?" He looked •• me for a momc,nt,and lhtn replied,"You know, I'm JUSlnot surt what 110the chic{ justia, docs. Why don't we go 10sec I lowdl li~Oinin Montgom

200 M A Y ~ 0 II b only in Alabama,bu1 in the nntion. And even 1oduy,oo ur1 ndmin• The classes wiUbe off"ercdboth on weeknights('l\1csday and i.stra1ionremains o relativelynew. yet emergwg. prorrssion. Thursdny) and on Saturdays. This court ndmlnistration certifi­ I wassubsequently to repo.rt 10lhe court profeUS ha,•enever had the judicial collegefundtd at a level ror the program 10rcoch and to seni, the couns at 1heemployee k• ·eL Allen L T1pl1y h has long-wo Jong- been• goal or mine to estublish a uni­ AllonL lac,loylOMII n lho"''"""' ell- ollM s.,...,~ versity-based court ad,ninistrntion progr.im for Alabama and """""'"°"' 1991 JC111l!l '""' 11177oo1991, t""""- U 1his month, Auburn UrnvershyMontgomery (AUM), 1hrough i1s -...,,,d""'11J or...,,1or 1i'e s .. 111 o1 Ato1tama. c1&n,g Conlinuing Education Deparuncnt, 1,•ill panner wi1h me to pro­ - 1>neilllll>oml""'''"*"od ...... -. lll/l,odiul"1lll vide the slate or Alabama with that opponunity. ~·"'----""'"'Ulemodc!1111ttSVf*!1 wnh•ft tM lhll!d Scute1. lu • rauQQf hi, ~- In 'Ole firstphnsc of this program will be a "court aclmmistration ,.. ,,.,, al... nl ""''"" jultl:a"""11>111UM- tilClll!'ft,a, 118· talmedta"JM11ll1r9 wenm a tl(ltiCJial~'- HeII lhe a11hor OI ccrtiJicationprogram ." h will be a,•ailabteto the various coun nimornta lltido:ld ~ roga,~ 1111opemou-and ~ of Ahaml, officialsand employeesand to the general public M lo.rgc. No pre­ jl.

I II I \ l \ fl \ \I \ I \ \\ \ I U 201 T H E H EFLIN - TORBERT JUDICIALBUILDING

Hr Ill '(;I/ ,1/A/l/lO.\

hen 1heSupreme Cour1 of In October I 993, when the new Alabama Alabama,in 1820, held ils first JudicialBuilding was opened, it was 1hc W session of court in Cahaba. firsttim e that the Supreme Court of DallasCoun1y, it mc1in a log house th•t Alabam3,th e coun of criminal appeals, it had ren1edfrom William Pye for S20. the court of civil arpcals. the Supreme When Chier Justice Oray1onNabers Court and State Law Library.and the announced 1heopening of the 2005·2006 AdministrativeOffice of Courts were Term of the Courts of Alabama on housed under one roof. Octol>er3, 2005. he did so in a building ·rhere' "asn o officin1dedica tion cere­ tha1had been featured on 1hecover of• mony held al the time the new building national architeclun,l lighting magazine, was first occupied. or subsequently,but and that had been described in an arucle when the Alabama legislature, in 2004, in that magazine as "lal S0u1hern adopted a rcsolu1i on to name rhe ne,v JudicialBuilding Ithat) conveysa sense judicial building the HcOin-Torberl of authority and stability, as well as Judicial Buildingi nstead of the Alabama organized simplicity in its rich dernil," JudicialBuilding, in honor of the late and that ".. .it's fuir ro s.,y 1hat 1hc fucility former Chief Justice HowellT. Heflin looks more like a C_,apiroland less like a and fom1erChief Justice Clemen! Clay governmentinstitution - ,V"hichis ju.st Torbert, the supreme court thought it what the State of Alabama ordered." appropriate to arrange an official dedica· During the 185 )'CJr.; of the supreme lion of the building. That dedication cer­ court's existenceas an appelfotecourt, the emony was held in the afternoon of cour1 had occupied ollicesl ocated ,ll the October 3, 2005, after the opening-of. seat of the state capitol. Likewise,the inter· court ceren1ony. mediateappclfate court; had alsooccup ied The dedication ceremony was held in officesat the scat of the Mategovernment, the beautiful rotunda of the building, and sometimeswith in the same building. and was a11endedby member. of the

202 MAY 2 0 0 6 Heflin and Torbert liunilies,and many documents that arc on file in the Alabama court. with the solemn sombcrnt$ with past and present government officinls, SupremeCour1 and State LawLibrary. which its judgments are pronounced and membus of the Alabama State Bar,and Basedon fam contained in some of tho~ in line with the practice long ill effect in other persons associated directly or indi­ documents, it appears thnt during the most of the higher couns of the land." recdy with the passageof tl1el egislatJon J 920s, the capitol building became inade­ In 1965, however, the old Judi,ial 1h31a uthorized the construction and quate 10 holJ.I<'all the departments orsllllc BuildJngthat bad been so welcomed by I001rionof the building. Chief Justice government tbcn l001tcdin it, and the courts in 1940 had become woefully Nabers presided at the dedication cere­ Governor BibbGraves, in the late 1920s, inadequate, and according to William C. mony and after some brief remarks about COJnn1issionedn Birming hnmarchitectur· Younger,marshal ,md librarian of the the history of the almost 30-year period a.I firm to prepare a d,-signfor the entire supreme court, the dream of a new judi­ it took to get the new buJlding construct­ capitol complex. That firm subsequently cinl building occurred on an auspicious cd. former Chief JusticeTorbert designed the original building that is now occasion early one morning when expressedhis appreciation10 the legisla­ usedby LheDepartment of Arehivesru,d AssociateJustice Pelham J. Merrill met ture for honoring him in such a special History,and alsodesigned• new building him on the ground floor of the old way,ond to all of those who bad helped for the HlghwayDepartment that was JudicialBuilding and advanced 10 him him in getling legislative authorization 10 located on the south side of Dtxter the idea of building• new building. 111c construct tl1e building. Tom Henin, son Avenuein front of the capitol. The supreme court apparently took immedi­ of l3te Chief Justice Heflin, and • Birminghamarchitectura l firm also ate net i on on Justice Merrill'ssuggestion, Tuscumbloanomcy, made a similar designed the Stale OfficeBuilding thnr is because sbordy thereafter, on Monday, response on behalf of his deceased father. I001tedin front of the capitol and across November I. 1965.the minutes of the The history of the appellate coum of the street from the old Highwuy supreme court kepi by the clerk of the Afobamashows that the supreme court, Deparuneot Building, subsequentlyoccu ­ court show that the supreme court, aftcr the old court of appeals and the current pied by the Department of Public Safety. considering several items on its court of criminal appeals and court of The llim1ingham firm also was respon­ MiscellaneousDocket, adopted a resolu­ civil appeals have alwayshad offices sible for the design and renovJtion of the tion thar stated, in J)'lt1, "rhat il1eJudici:il located nt the seat of the government, but old Judicial Building located on Dexter Building (had] become inadequate for until rhe constmction and occupancy of Avenue, which was a Scottish Rite the present and future needs of the the new judicial building, those courts Temple, and was purchased by the State Supreme Courl and the Court of nnd the justices and judges did not of Alnbamnl n I 938 and remodeled, and. Appeals."a nd that o committee should l,e always occupy the same building. From in JulyI 940. was used by the supreme appointed to address that problem. The 1885 until July 1940,for example, Lhc court, the old court of appeals and the resolution further stnted that then Chief AlabamaSup reme Court occupied office$ at1orneygenenil. The attorney general at JusticeJ. Ed Livingston and then in what is oo,o the cast wing of the slllte that time 1"1S the lnte JusticeThomas S. Presiding Judge Annie Lola Price of the capitol, and in space in the capitol that is L.1wson,and he pla)'l!da IC11dingrole in court of app,e.rlJ ,,,,_ a,;.1-111'<1 Mt< ktb«t r.,, 1/,Ritl,Mn. Hol<.itlltllw,. ing plans for a cornpfete modification of ol Hiilin,,., - Md~J.Wm Jiffi:nIt> tall'IWb li,ing ttwdl!dimt.Qto( "'"""~ ""binrs r/,e/lllf/r,.Tlltll#r.AxJidAl&!/rlltW

I JI I- \ I \ II \ \I \ t \ \\ \ l ~ 20 3 Alabama'sjudicial system. His major project was to get legislation adopted that would completely reform the judicial sys­ tem of the State of Alabama and the rules and procedures by 1,•hichit would oper­ ate. To accomplish this, Hcnin nppointed nu,nerous,on1n1ittces, including a "Committee on Feasibilityof Citi1,cn's Conference,"and 1hat con1111ittccsubse· quently arranged for the convening of what became kno,on as the First Citizens' Conference on State Court,. That Citi1..en1s Conference met in Montgomery on December 8, 9 and 10, 1966, and the confcre<:sat th,11conference represented ., variety of profo~ions and irades from every are., of the •"He.At that Citizem' Conference, the conferees heard a keynote address by Jushce Merr~I and other reno,oncd cxpcns in the field of \\''3.S referredto con'lmittec,the journalof introduced a House Joint Resolution, judicial administration, and at the close the scnate for that session docs not H.J.lt 91, in 1984, "'hich created a Joint of the conference, the conferees i~ucd a reflect that the senate took any further Legislative-JudicialCommittee to study, consensus statement that n1anybelieve action on the bill. develop plans and make recommenda­ was used llS the blueprint for the rcfom1s In the late 1960sand early 1970s.fur• tions for a new judicial building. ,ubscqucntly made in the Alabama ther aucmpts were n1.1deto get legislative Members of 1h31Joint u,gislativc-Judicial Judicial System. approv,11for a new judici,11building. Comminee visited nc1• or recently con­ Regardingthe construction ora ne," Journal>of the legislature ,how th.11bills mucted coun buildings around the judicial building, Heflin appointed a 10 authorii'.Cthe COl1SCn1cliOO o( 3 OC\\" country to get ideas for design and func· "Commillce on New Judicial lluilding" builtlmg were introduced m the 1967 lion roquiremenl$,and when the legisla· that was chaired by Albert P. Brewer.who Regular Session, the 1967 bxtraordinary lure, in 1985. appropriated $250,000 to was then speaker of the Alab.1maHouse S<:ss,onand the 1973 Regular Session. but the Unified Judicial System to hire con­ of Repremnatives. As reported in the The none of thosc bills passed. H. S. 422. that sultant$ a.nd architects who were knowl­ Ala/1a111alawyer. "I that) Commiucc iv.isintroduced in the Regular Session of e-dgeahJein the design and construction unanimou~ly recommendlcdl the sup­ 1973, almost made it through the lcgisl.1- of court buildings. the prospect, for a port of legislation which I would I enable ture. It passed the hou>e and wa• tl1c next new judicial building seemed more the construct ion of a new judicial build­ bill on the calendar for consideration in promising. Those prospects improved ing." and according 10 the report of the the senate on the las, day of the lcgi;Ja­ significruuJywhen the Ciry of New Judicial Building Committe<:.legis­ tive s.,ssion. but the senate adjourned Montgomery. the Alabama State Bar,the lation had already been draftl building were judicial building built and loc-atcdon did not happen. basicullysuspended. and were not Dexter Avenue, rather than "at the l\ bill was introduced in the Alabama r~tarted until Nol'embcr 20, 1981. when extreme end of the capitol complex fac­ House in 1he1966 E.xtrnordin.,rySession the Judicial Study Commission's sub­ ing the cast side of the capitol," as report· of the Legislature by Messrs.Brewer cl 11/, commi11ee,that was chllrgeJ with the ed by the initial state bar's Committee on as H. B. 166 10 authorize Lheco nstruc­ responsibility for studying ihe need for a New Judicial Building appointed in 1965 tion of a new judicial building. Two of new judicial building, recommended the by Howell Heflin. The Dexter location the co-sponsors of H. B.166 were Rep. crc>tfon of a joint legislativecommi11ce \\•asco1nn1ended in an analysisin a local Henry Steagall and Rep. Kenneth Ingram. to make appropriate studies and recom­ newspaper. and by Maury Smith. o •nd both of them would later serve as mendations on the matter. Three years Montgomery attorney "'ho had been associate justices on the supreme court, later, in 1984, ihe Alabama kgislacurc appointed chairman of an J\fabama State after having serwd in other offices of accepted the challenge and became Bar Tnsk Force on Proposed Judicial st:tte governmenL Although 11.8. 166 actively involved in the proccs.. Building. who pointed out in a le11er1h01 passed the house, and was scnt to the Legislativejournals show th.11repre­ many members of the bar supponed put· ,emoteand received its first reading and sentuti,•cs1bm Drake and )Jmes Clark ting the new building on Dexter.

204 M I< Y 2 0 t> 6 The Dexter location was finallyse ttled difficulty,it was subjected 10 extended house leadership 10 force a vote on S. 373 ,vhen the BujJding Commission of the debate and parliamentary moves in the on the last day of the session. In that State of Alabama,on June 17. 1985, house that could have caused its defeat. s;ime article,C hief Justice1orbert uccededto the desiresof those who In fuct, it appeared to many that S.373 expressed his disappointmeot that the f.ivored the Dexter location, and voted would die in the house on the last day of house did not pass the bill the week unanimously"to 'look favorably'at build­ the session, and therefore. would suffer before. Opponents of the biJJin the ing a judidnl center in the Dext"rAven ue the same fate as similar bills had suffered house claimed that support for the bill section of the capitol comp)~." The in 1966 and 1973. In fuct, in a story on was "soft,"and even though "pressure O

~, C 'J' 1 0 ! f ' !)

1 IJ 1: I I .\ H ,\ .\f \ I ,.\ \\ l I R 205 isola1ionresolution adop1edand gming and on July 10, 1990, the sum ofS40 mil· Michaelangelogot his marblt for his the bill amended to guarantee some leg­ lion in bonds was issued, property was masterpieces,instead of marble of less islativerepr=nmtion and over,ight over acquired and conlrncts , ...ere cn1cred into quality. for use in the rotunda of1hc the construction of a new judicial build­ b<:twccnthe authority and Barganier, building. ing. One of the most critical voies Davis& Simsand Gresham, Smith & The new judicial building. since it was occurred when Rep.Alvin Holmes of Partners,architects, a nd Brasfield& opened, has ht-comea favoritespo t for Montgomeryoffered a rnotionin '"-riting Corrie Construction r<'spcctively10 design visitor,, both young and old. Docents that read: "Mr. Speaker.shaU the ma[n and construct the builcling.The authority guide tours of the building and point out question now be put?" That wrillen selccteda site thal wa.sbo11nded on the interesting information about its design motioo by Rep.Holmes was adopted by north by DexterAvenue, on the cast by and the function of the courts loca1cdin an extremourthe Go,•crnorWallace on behalf of its pas­ among the suppliers of some expensive need for a new building, especiallytho se sage, and Mayor l!mory Polmar o.ndthe clements of the building, the authority related to the cost of the new building Cit)' of Montgomery not only provided was able to get Indiana limestone insll'"ad that,verc 1nadt> evc.n be.fore it ,Y"osco n­ suppon for the legislation but also linan­ of pre-casl concrete for the exterior of structed. the question could be asked: cin.tassistance to purchasel ots on \\Thich the building, Honduran mahogany What was the final cost of the building? the building was built. instead or standard walnut for interior According10 Dixon, 1shenthe construc­ Once the bill became law,the Alabama buill-in furniture, and Italian marble tion of the building was completed. on Judicial BuildingAuthority was created. from the Cnrrorn quarry, where time, it was a milliondollars under budget,

206 ,\t A\" l O O 6 . ~ - - -- ~.--...... ~- ... - •------and the cost of construcrion wo.sapproxi ­ 1brbert, set fonh some of those areas of the Montgomery Museum and 11inc Ans , matclyS 117per square foot. When will judicialservie< in its housejoi nt resolu­ the stale Capitol and the newly con­ the building be pa.idfor? Accordingto tion that was signed into law o.sAct 2004- structed Alabama Judidal building in Dixon,the tc-,sebetween the Alabama 59. That resolution designatedthe Montgomery. Judicial BuildingAuthority and the AlabamaJudicial Building as the l-lellin- "Allcl assics in their own fields,they set UnifiedJudicial System provide s that 1brben Judicial Building,and the resolu­ the standard by which all others are after the bonds are paid off in December tion was read in its entirety during the judged. A$kfor a definition of dassic:11 2013,the authority will have the option dedicationceremon ies of the building. and the response will likelycontain to purchase the building in the name of Al lhe conclusion of the dedication words such as timeless,authoritative. the UnifiedJudicial System for SJ,000. ceremonies, those auending were invited excellence and traditional." • Anotherquestion might be asked:Why 10 enjoy a reception in ,he courtyard of wo.sthe name of the judicialbuilding the l-leRln-Torbert Judicial Building, a changedfrom the Alabama Judicial building 1ha1had be<,n described by Hu9bll! eddo• Buildingto the Hellin-Torberl)udicial ElizabethVia Brown in an article in the Mbee~ J.1.Mttu.11!tndIn Jaouor,Di , If dlo­ Building?The Alabamal egislature author­ MomgomcryAdverti ser on October 30, auocillto,... m, the Alatanil' iud it. In• housejoint resolution signed 1993, shortly after the building was first ~-ea,,_ .. .-1 • into law as Act 2004-59, the kgislature opened, as follows: lhwnlyolAt-Schdol....- dop,.,,,"" designatedthe AlabamaJudicial Building "In fashion. it's tl,e basic black dress. law.-Id It a tetitedcdcwd ., the Helin-Torbert Judicial Building," in Literature has l-lomer's 'Odyssey' and "" lhmds.,.,. Air"""' recognitionof and appreciation for the 1 Uiad,' ondin music.the.re are composi­ -...... - ....-u1-...- distinguishedjudicia l serviceand leader­ tions by Bachand Wagner. ln the world c,;,,.,.,-..a/°"""'1-·-Ile...... ""--·' """' - ship of theseo utstanding individuals." The o( art, Michelangelo is a master. --.-. ornAlollomosu..e,,w legislature,in recognizing lhe judicial "£0 architecture, it1s1h e P~rthcnon and f«t8 CllOo,n,[Vin ti'o- servic, of HowellHcllin and C. C. "Bo" the Temple of Poseidon in Gr«ce and

200& Arbitration Training SPONSORED BY THE ALABAMA CENTER POR DISPUTE RESOLUTION

Date: May l5 and 16, 2006

Place: Alabama State Bar, Board Room

Time: 9:00 a.m . - 4:00 p.m. both days

CLE: 12 hours , including one hour of ethics

Cost; $360, includes materials and lunch

Faculty are experienced arbitrators: Jack Clarke, Montgomery, and Cary Singletary, Tampa

Training will cover: The Lawof Arbritration: Arbitrator 's Role and Authority ; Arbitrator 's Pre-Hearing Functions and Duties; Conducting the Hearing; The Award and Post-Award Considerations

For registra tion informa tion call (334) 269-0409 or (334) 269-1515 ext. 111

I 11 I \ I \ H I \/ I I I I\ i I J; 207 Young Lawyers' Section

How n1any We also are org,1niiing a program, "A Lawyeri n Every Oassroom;' that 1,illgive times have lawyersthe opportunity to go into a Wgh school civicsclass io their Gommunltyaod I heard that? speak 10 the students about different.issues And, yrt, l still dive headlong into new from a 13wyer'sperspective. Mitcsh Shah Christ)'Cron, projects without knowing how much and Bob Baileyarc heading up that effort Jinks, D,wiel & Crow PC work I am adding to my pl3tc or how l nnd doing a g.rcatjob. Oue idea is provid· Union Sprini;s am going 10 find time 10get those tasks ing information about the history of vot­ completed. As anyone who has read my ing rights and!providing an opportunit.yto articles over the last few monil,s knows. register 10 vot,c.We are open to other idea• \VC have s-tartcdseveral ne\V' COJnn1ittees so if you arc interested in helping out with and 1 hove been asking for volunlccrs. tl,is program, let me know. We are hoping The good news ... we bave lots of new 10 kkk off the program by going into the Be careful volunteers and some great thlngs going d•ssrooms in the full on. The bad news ... well, there is re-Jlly FinaJI)'• '".iehaYe our annual Young no bad nc,vs. Lawyers'CLE in Destin. This )'Car, it is what We hove some grea11hingsgoing on scheduled for May 19-2(). Lawyersfrom and • lot of people working bard lo make across the staie join together for some things happen. We ha\'e scheduled a great speakers. 'rhis is n good opportuni ­ you ask Young Lawyers' Day of Service for June l) ' 10 offer a r.cwnrdingcontinu ing educa­ l O where )'oung lawyers from across the tion opportunity with great speakers and smt.e will help in their JQC111communil"ies. 10 als.1allow young lnwycrsan opportu­ Under the leadership of Bob Bat.lieand nity 10 network. Many thanks go to for... Brannon Buck, the Conw1uniry Tucker Yance, Craig Mort'in, Norman Outreach Commiuce is helping us live Stockman and Clay Lanham for organiz­ up to our state bar'smotto, n1.,..1,ryers ing this fun and educational evenL Render Service."There will be ,·olw11ccr So, what docs th.is all mean ror me? I've teams in HuntsViUe,Bi.nningham. been attending a lot more meetings than Momgomery and Mobile. Volumeers will normal (fortunately,some ore by telc, serve at homeless and children's shelters, phone). I am stWnot "careful" about what soup kitchens, :icllools,animal shelters, l ask for brotuse J am trying to IIlllkc n nnd others. We will st.art In the morning differencennd J think ser>fo: to those in nnd work through the afternoon. No >-PC· our communit.yaod to other lawyers is a cial skiUsare required. Contact one of cornerstone of our profession.And, I am the following leaders in your metro-area writing Lhisarticle while eating lunch at 10 sign up as a volunteer: my desk. Wish me luck. • HUNTSVILLE ~101\TC,OMERY Page Banks Roman Shaul (256) 536-9008 (334) 269-2343 page@scon/011.c:om ro111m1.s/1aul@ben,l,')'llllw1.c:o111 BIIUvrINGHAM lvlOBILE Jon Macklem Norman Stod,'lllan (205) 795-6588 (25 J) 694-6352 jw,11nckle,[email protected],,, r1S1ook:,[email protected] Jodie Smith (205) 254-1109 [email protected]

208 MAY 200 6 Where Have All 'f/,e I l

Thr l '1 ,I lrm nl n,, \ .1111,luni: LOST L,m-.u ~, fJloi l11trvd lKIJ cm ---·--·"'---...-·---____ --__ LAWYER -·-·-·---.....,...._-----·------.._ ------·---··-­ ARTICLE ------:=..-:-.=.,--~'!.:

Making l•w. lhe Job uf lhc lrgisla1or,presum~ Tothe editor: chat no low ye1cxim or cllOIclcis tin~ law is not The anide "Where l la>uon: Arc UW)'CI'$"wuqudr qu,ili­ l•w uJu.illyinH11\·c, >tarling from scrotch in fu,d for scerviu in law-m,lung bodies~· La")"" J,,,·doping • l1ble,,ncludmg. public soerv· chcydon'1 te.lChl"u at 1.iw.chool. ice. The ptrcupplvof ..,gc advice from proccss-valu•blc ,I.ills,but alw;af' practiced UW)1'1>decline. thrrc alt' a number of :1.hemau,·e under the shadow o("the U>C,"a >el of ailting suppliers ttady to till the gap. Cntainh·. s.,gc faru and ailting Law. advice n not fungible• .lttd the adviceone g& Judgnmu,1 ohj«lhclr a,~, 1hc mcrib of from a large firm p,mnrr I! cltffcrcncthan tb.tt each ad,-crsary'•d.11m . Bui 1he1rdccilu,n •m.oong one S m the ahcm•ti\1' ''"""' 1ha1Krvnnun recogni2o--but record and the argumcms of l.m presenled co the b..,,, point rcm•in, that l•W}-crsJo not ha,·r them by chc l•wycr, The bcs1Jud~•~ >eiu upon • comer on cht 111Jtkel fur 11,1gcadvice." 8 1henorrowe, 1po»1b le re,1dini:of the law and facesto dispnse or• t•"',lrst tbty bc uccusc:dof Sincenl)', "mnking law." /nmr! D. /olmsw11, ID

1111 \I 111\\f\ I \U lfH 209 Legislative Wrap-Up

Rob,rt L McCurley, Jr. Productive Legislature

hen 1hisarticle w:issubmined, HB. 49 (Act 2006 - 216) is the the legisloiure 1,as two-1hirds AlnbrunnUniform Trust Code drafted by of Lheway over and only ten W the Alabama Law Institute. This act will days remained. It appears 10 be one of become effective January I, 2007. See the more productive legislatures in many Alabama l.nwyecome effective for when the mo1or vehicle has been , ub­ all tnxable years nfier l,111unryl. 2005. mergcd in ,vut cr.

210 MAY ?006 hospitals. physiciansand members of the person's immediate SB. 118 {Acr 2006 . 112) amends various sections of the family. CriminalCode relating 10 obscene mnterfalinvolving children 10 further define "mailer" to include DVDs,VCRs and items stored on ._comp u1cr. Already there have been 22 local acts signed into law with Se\' · er.ii hundred others expected 10pass. The Annual Meeting of the Alabama Law lnstitute will be SB. 133 (Acr 2006 · 204) makes it a crime 10 expose u child to• meth lab. held at I0:30 a.m. Thursday,July 13, 2006during the Alabama Stu1eBar Annual Meeting in Destin. Major legislationpassed Major items currently needing only one legislativeday for during the 2006 RegularSes.sion of the legislature will be approval include: reviewed. For more informationabout the lru.1:itutc,coniact Bob McCurley, director,at (205) 348-741 L or visit1v,v,v.ali.sr11re.allls. • HB. 100 revisesTitle 17, which is 1heEicctio11 Codt pre­ pared by lhe Alabama Low)nslitute .

HB. 147 permits warrants executed in one county mny Flob,rtL McCurt,y, Jr, be issued in another coun1y.It is 1101necessary 10 secure a writ· RolleALMc:C.,lrt , Jt • G•cliecul!of11'a_ lJIW... ""1t1111'41.in-l'/ofAl­ 1cnendorsement on the arrest warrant from a judicial officer in l!eNCDM!dhi1~81'11""~l ""' hl U..... 11y 1heseco nd county.

HB. 214 provides that prior 10 the issuing of a pistol licensethe sheriff shall contact availablelocal state and federal criminal his1oryda1a banks 10determine whether the possession of a firearm by the applican1would be a violation of s1a1c or federallaw .

HB. 287 Uniform ResidentialLandlord Tc11an1Act. The UniformResidential Landlord 1'enan1Ac1 , prepared by the Alabama Law Institute, and now af'termodifications made 10 satisfy reallors. passed the House of RepresentativesI 00-0. 1bis (t•flsh I nt ) aqj. l. .Act1ng01' bill needs only one legislativeday. When passed, it will become producing effecttveJ.vWith a mmi ­ effectiveJanuary I, 2007. It gives both hnbitabilit)• rights to ten· mum waste or unnecessary effort. ants and provides a streamlined and dear metliod for evictions for landlords. That'show we defineour readers, HB. 479 amends various seciions of the municipal codt LawyvrsUSA Is !heirone·stop relating to municipal elections 10 provide for provisionalvoting Sho1), withonline and newspaJJer in municipale lections to make n1unidpal clrctions consistent resourcesincluding: with 1he provisional voting for state ~nd federal clec1ions. • Hard-lofind verd icts anil settlements. • Newlegal tlleo

1111 \/ IH\\11 I \\\\IU 211 p1n1ons o the General Counsel

BillingClient for Attorney'sFees, Costs J. AnrhonyM cLain And OtherExpenses

he Disciplinary Commission, in the client. The rulcsuggestS that thu R0- 94--02,add ressed the issues communication occur" before or within T surrounding a lawyer's billing a a reasonabletime after commencing the client for attorney's fees, cosu and other rrprcsentation." J\.R.P.C., 1.5(b). expenses incurred during the representa­ 1l1e comment 10 Rule 1.5 encourages tion of the client. Basically, the that• ... an undctslanding as to the fee DisciplinaryCo mmission's opinion s bould be promptlycstab lished."The adoptedABA Formal Opinion 93-379. lawyer is also gi""n an opponunity at the The instant opinion reaffirms the oulSCtof rep~ro tion to fully discussand DisciplinaryCommission's a doption of address any concerns whi.ch the di

212 MAY ?006 basicatlomey fee, bu1the total amounl With regard 10 (C-3) above, the opinion to his office, the lawyerthen bills each of 10be paid by tbt diem , including cons slates that" ... the in•Y)'Cfis obligedto the clienl filesthe two hours expended in and expensesreimbursed 10 tht lawyer. charge the client no more than the direct court, totaling hours in multiple of the The primary focus of 1hr asscssmen1 cost llSSOciatcdwith the service. .. plus a number of client files prescnlcddueing should be 10 determine whether the total reasonable a.llocation of overhead expens­ that dockeL charges10 the client are reasonable. es directlyns.ervicc. .•~ The obvious reasoning lawyerwould actually be billing more !he lawyerin rcprcs;,ntingthe client can be behind this approadilis that ihe lawyer hours than actually expended by the broken down into two basiccategories: ( l) should not utilize the lawyer-client rela­ lawyer.which would contravene not only Those cosiswhich nre incurredby the tionship,beyond the feesfor professional public policy,but also the R11lesof lawyerwithin the firm iiself,e.g., photo­ services.to "manufuaure" a secondary Profr.ssio11alCo11d11cr. copying.postage, audio and videotapecre­ source of incomeby inflatingco sts and A second situalion involvesa lawyer ations,producing of cxhibilS,and the like; CXJ?"ruesbilled 10a diem. This approach who performs work for one client while and, (2) Costs incurredextern.ii of the law phil0$0pbicallyagrees with Rule I.S's pro­ engagedin an activity for which J,e bills fim1 or outsourcedby 1Mlaw fu:min fur­ hibition againn dearly excessivefees. another clicnLThe classicexample is the ther representationof lbe client,e .g., depo­ Since the basiclawyer's fee isgo,·emed by la"~'cr who fliesfrom one city to another silio0$,production of recordsm,m a lbird a "reasonableness"approach, likewisc,aU for a deposition on behalfof Client A. party, tra,-eland lodging.and the like. feesand cxpcn.

I II I I l I II I \I \ I I I\ \ l U 213 r;- About Members, Among Firms

The Alc1bn111c1Lawy er 110 /o11gerp11blisl,es addresses About Members Hattie E. Kaufman announces the a11dte/eplio11e 1111mbers opening of her practice, and the mailing Linda Marion Baker Allen announces address is P.O.Box 3143, Tuscaloosa, the opening of Linda B.Allen, Attorney 1111/essthe announcement 35·103.Phone (205) 339-1609. at LowU..C. relatesto the ope11i11gof a Zeb Lillie announces the opening of Gro"er Asmusannounces the opening of Zeb Little Law Firm LLCat 700 Second 11ewfirm or solopractice . Crover£.Asmus LLC,with officesat 107 AvenueSW, Cullman 35055. Phone (256) Sa.int FrancisStreet, Suite 1500.Mobile 775-7707or (256) 775-7708. 36602.Phone (25I} 439-7600. Matthew John Mcloun announces the Jonathan A. Blackwellannounces the opening of The Law Officesof Matthew opening ofltis firm with officesat 100-C J.Mcloun U..Cwith officesat 5 L7 Beacon Jeff

214 MAY 200b Laura Sidwell Maki announces her Burgess & Hale l.LC announces th,tl Kimble, John G. Newman, and James I. association wi1h Wade S. Anderson & Victoria Frnnklin·Sisson, Laura Susan Webb. Associoles. Hardin, David I. Veasey uml C. Meador Akins ha,•c Ol'<'II namc'tl mcmhe" of 1hc Cabaniss.Johns1on, Gordner; Dumas & Jeffrey Norn,an Mykkeltvcdt is now firm . O'NeolLLP announces that Carolyn I. associated with Apolinsky IleAssociates DunClloh as b«omc a memberof the 6nn. u..c. Burr& Formanannoun ce) thatne" parlners for the Birmingham officearc Capell & Howard PC announces that Zack k,)lr U nQ'\'I n)Wci a1cd wi1h Az.,r Jo, A. )o

Karen Ashworih Couch announce,, that she is again associated w,th Bank of America. ARE YOU PAYING TOO MUCH Richard Lee Barnes, Laura Lou Barnes FOR LIFE INSURANCE? and Jerome 1·uckcr IJJ huve formed 11ifffl1i!h Onne ln,unano:~,u can r,.m:lwc-.41Tonbhle Ure in.wrnr,cefro m hlghfy nil~ in>Wu.111:eco mp;..nl:~ru il\ll)ld 0 ..,:0,pilyiflll call (1)r It frtt quou: onpollacs mn;,na (ftlm s 100,000 Barnes, Tucker & Barnes PC with offices up Id S2."J1'J0.000Id , umrurcw llb ~-our current hfc or hu,1~1; iniuncn«:

al 8028 Parkway Drive, Leeds3 5094. \\ ~1 ("(lo.1,tl 1fc ln\Unlr!C<'("o oquny Phone (205J 699-5000. Sl..k <290 Wl WO SI.OJS Fleenor, Jr. and Wilson F.Green have (j U) Sl(,lt s1-o s:v sm $S7S SIW Sl.41~ opened the firm's Tu=loos., office. Also, \VClltt 11u«1 Life lnamancc ( 'ClffiJUD)' Rita H. Dixon has joined the firm's SS00.000 Un~I rcm1L;J\dlllt Birmingham office as df counsel. 1\1•11;,S ur.:rJl m'an:,J A.nm1,;1 Premium A(, l. Ju_ JS ,u ,s so ss !,(I Onwotta ·1amtka \Vren is no,,, assot:l· CilO 'SoiS~ )l~C S210 Sl7S SSJS S'llO $1,495 Oil S:?lU m, S?ll$ s~u SUS Sl.250 S':!,020 •tcd with BlucCross nnd BlucShleldof mo l.lXI S.N(I S411Cl S,,QS Sl. 100 Sl.675 $2.?&S Alabama. Drane Insurance Bradley Arant Rose & White llP Carter H. Drane announces 1hntStacey T. Bradford, Jonalhnn II. Head, Jud M. Kuehner! and (800) 203-0365 James V. Stewarl h•vc become partners I llt ltl\.1m1n..~ • Emplo)~ ~ Iii • l~'Gle Jlllmnmll ' J\t1nu1111:1 in 1hc Birmingham office; George R. I ETliSfAX \ UI AOUO II ...... _ ...... 1,.tn, ·- f I•- .... - ,...... 1•1•--.l,a-1,j'Od..--,-...,. Parker has become a parlner in the .... ~llN!:(9 ...... -f-,•.-t....~ ... j-(- \I) .- lftl.-f--C:<\111111i ...._ ...... _,.._..__,_...... ~,...... 111 fl -,;.-,-,--~...... ,._ ..... ~.---_.... •folnN-...U ...... __ ,....""1:-n... ,..,.,...... Monigomery office; and Gregory H. _ ...... ~,.,.,Ilk.Cl ...... - ...... , _ .... 1111w,...... _...... Revera has become a partner with the _ _,.,...... ~,._ ...... ,-n ...... -..,11•-"- Hunisvlllc office.

T II f. ,\ f ,\ 11A .\I . \ I ,\ U )' t R 215 About Members, Amon Firms Co1111n11t,Ifrom pagt 315

Chamblnwith the Etow•h County RothJChildLLP announces th•t Bobby L that David Bowi,nHugh e:$1w jOlntd the Disirict Attorney's Offioc. Scan h•s jo,ntd the firm. firm as a shareholder and lh•t S. Reagan Runucy ;andJen ny Rutledge WIison h••e Adam T. WIiiiamson announces his Omln A. Hkks. Hon. Dominick J. jointd the fin11ilJ .wociates. assooatioo with Ford Lumb

Knowles law Pirm UC announces that OuiS1jc Do.singerKnc:,wle s has We luM: thou11aJ1d1of practlcin&, board certified pl\y81c:io.nexpen witnesses jomtd the firm as • mrmher. in all mt'dicAl 1pedo,tica. &I Tc,timony The LowOOke of Enrl H. Lawson, Jr, &I Opinion Lcucra armounru that Jomes A. Pom, 11h11S &I Review for merit joined the furn M field lcg~I rounscl. Flo~ rn,e rcJerrul1: ""' rate review• Your anti&fnctlonGUARANTEED Med-m11I F:XPFlRTS.tn<: Melissa Charlton Bowen Is now associ­ ~~ ated with Ugnl Services Alubamo in Mon1gomcry.

21 6 MAY 2 000 AMERICAN l•DSl~iitiii=i Lightfoot, Franklin & White UC 1¥1,ere Lawyers Look fo r Lawyers* announce., that Lana K. Alcorn, Kevin E. Oruk, Terry W. McCnrthy and J. Chandler Bailey, 11have become mcm­ Attorney Search bel$ of the finn and William E. Bonner, Mitchell D. Greggs, Brandy R. Owens • Pem1anent Placement (Associate & Partner Level) and C. Meade Rartfield havejoined the firm as associates. • Temporary Placement • F inn Mergers & Acquisitions Qyde Randall Caldwell, Jr. and Michael Stephen McGlothten are oo,~ associated www.America11LegalSearcl1.co111 with McGlothrcn & CaldwcllPC. Birmingham (205) 397-9500 Michael L Wade, Jr. is now associated Nationwide (800) 930-9128 witb Moore & Van Allen PLC. For all M&.Aand Pe.rtne.rLeve.J Jnquiries, contact: RJchord G. Brock, Esq. richrud/1tamoru,anlegaJscan,h.<0m Mork C. Nelson, Joel F. Dorroh and Burt W.Newsome announa, that For eUother inquines, contact: Suzanne Hughes Mills is associated with Bnumon Ford. Esq. branno1t'!J'nmericanlcgalsca,tltcom thcir firm which is now named Nelson, Atlant.J Bum1ngh.im Los Angol&5 Lou1svtllo M13m1 Dorroh & Newsome UC. Nashvtlle New York San Fr.Jnctsco Washington DC I Virginia RoseLucci is now associated witl1Nelson Law LLC.

Shunnon Gnil Morty Goscwebr is now at the Unive1$ityof North TexasSystem with the Office of General Counsel.

Jason Michael Osborn is now associat· cd with Olson & Associatesof NW "NationwiJ,Lcgol su,,,...r Florirui,Inc. Support Search R. Gordon Pate and Julio T. Cochrun announce the fotmation of Pate & • Paralegals Cocnrun LLP Attorneys At Lawand that W. Whitney Seals has become associa1cd • Legal Secretaries with the finn. Officesare located at 400 • Legal Assistants 11tle Building, 300 N. Richard Arrington Jr. Boulevard,Birmioghrun35203. Phone (205) 323-3900. www.ApexLegalSupporl.com

Phelp$. Jenkin$, Gibson & Fowler LLP Birmingham (205) 397-9555 announces that Robert G. Upchurch has Nationwide (800) 930-9 l28 joined the firm as no associate. Ja son Peevy, £ sq. Brnndy Adkins Boone announ«s her jason@'npe.xlcgalsupport.com association with Proassurance.

John Merrill Lee is now associated with Rock-Tenn Company of Norcross.

lilt II \11\\1\ I \\\)IN 21 7 About Members, Amon Firms Ca11111111t,Ifrvm J>ll~>e117

Rumbcrgtt, Kirk& Cafd.,c11K John Edwin Scarq, Jr.b now woci;lt· a.nnouncn th•t Jamo ~-Wa4h .nd Cnlg cd w11hthe Unit\OCUtionwith the U.S. District Court, ,1noounc.b ilut Charl•nna IV.Spc,n«r, Northrrn District of AlabamJ. Chad E. S1cwar1,nd R. Brian Tipton h.l,c become sharrhohkn ,n 1hr firm Ch•rlcs Brinmcld Campbell is now ..__,,icd with the U.S.Smale Subcommitttt on Adminiruari,-. Stnmcs & Atchhon LLP •nnount<> O\·er,ight and the Couru. thJt Bryan G. I l1le. G. Monlu:wK«nJn, ...... ;... Tabor R. Novak. UI, Stephen W.Still. Jr., l.unny Vines & Assoch,tes JonounctS fl . Thomn.s Wdl~ Ill, C. Ramse) Duel. atlOlli'9l di\. th•c Robtrt Page Bruner has joined the """ and William David Smith, Jr. hu,r 1ometl -")'0'-114 ,nv; 1hr firm .. u,socoatc., flrm. .... l..~~t001 1pa bmtoIlg,! iivn A~ Ill"' ID fammy Qcilc Murphy Woolleyis now ~ no111C>f lh,V1 m for ,Ill mi,wlOII­ Mlchoel DousJ•• Bnbbb """' J~1,11cd ,UllOdll<',oincd the firm u of cournd. fwyor dw orfnlr need.,~ U,eywlCllfflt ID,OU. a1cd with S1on,pt< Realty LLC. llboul Ill\ art Webb & £Icy PC annouocrs th.ti rar"""' lllbnw* die IiyPC WhAtlq Drol

Mitchell Mark Mit•y• " now JS.~1<:1Jt G~cy H. H•wlty b.asjoined White, cd mth The uwOffice of John hwcr Arnold, Andrews& Dowd PC as a part· TymPC. nrr ,md sbJrrhohler.

O,micllc Knra Gm:o Jtlltuuncrs hrr Rldu,rd Prnnch Browne annowtas aMdotion with th< United States th,11he 15now u,;ociottd with YKK 1!11nkrupt cy Court . Corporation of Anwric:a. • 2 18 ~t A Y 2 0 C) h l Accurateappraisal and analysis form the bedrock of any successfulbus inessvaluation . Youcan make sure your case is well-groundedby retaining theright valuation professionals.

Workingwith a diversegroup o f industries, companiesand privateparties, we 've builtone of theregion's strongest valuationpractices. Our experience and expertise mean we can swiftlyassess the economics of yoursituation , reducing complextopics to theiressence . Wepresent these cons lusions in a conciseand read ily understandableway - to opposing counsel, clientsor jurors.

Drivingall of thisf orwardis a vigorouscommitment lo responsive, personalizedservice , backedby theresources of thelargest accounting and advisory firm basedin the Southeast.For more on howDixon Hughes can help you build thestrongest case possible , visitus at dixon-hughes.comor callButch WIiiiams at 205.212.5300.

C 200$o.,on Hugllet PUC Cases& Codes

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• .. •••• "CAR-RTLOT •• B-007 Laura Ann Calloway ~72 AlabamaStall! Bar POBox:671 Montgomery AL 36101-0671 1, ,11..1 1.. , 11llll 11, 11,llll,11, ll11l11,l11,lll 11,l 11, lll11, II