VOL. LVIV SPRING 2013 NO. 3

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MOOT COURT COMPETITION SUCCESS

APPELLATE/MOOT • Zehmer Workers’ Compensation REGIONAL CHAMPIONSHIPS COURT COMPETITIONS Moot Court Competition 2011 • ABA Representation in Sean Brown, Sam Gregory, Mediation Competition 2011 NATIONAL CHAMPIONSHIPS & Amanda Myers Laura Hogan & Sarah Beth Ritchey • Andrews Kurth Moot Court National • Vale Interschool Championship 2011 Corporate Competition 2008 Tim Anzenberger, Erin Bachman, TRIAL COMPETITIONS Clay Baldwin & Ryan Revere & Neil Wilson NATIONAL FINALISTS • Duberstein National • St. John’s National Civil Rights • Rendigs National Products Bankruptcy Moot Court Trial Competition 2010 Liability Moot Court Competition 2008 Zachary Busey & Katherine Competition 2011 Cliff ord Ammons, Kelly Knudsen Erin Bachman & Megan Potts Hollingsworth, & Amy Strickland NATIONAL SEMIFINALISTS • Duberstein National • Stetson National Pre-Trial Bankruptcy Moot Court Advocacy Competition Competition 2008 ADR COMPETITIONS 2010 Jonathon Bissette, Tray Hairston, Brian Burns, Jamie Manley, & Ashley Nader NATIONAL FINALISTS • ABA Representation in Michael Saltaformaggio, & Seth Th ompson NATIONAL FINALISTS Arbitration Competition 2008 2012 • National Moot Court 2 teams Taylor Cheeseman, Sam Gregory, Competition 2009 Jessica Bates, Marc Bryant, Paige Rogers, & Justin Warren Krissy Casey, Levy Leatherman, Matthew McDade, Mason & Constance Brewster Montgomery, Jessica Pitts, Taylor Polk, Ryan Revere, NATIONAL SEMIFINALISTS & Sarah Beth Wilson AWARDS • Wagner National Labor • 10 Best Brief Awards & Employment Law Moot NATIONAL SEMIFINALISTS • 11 Best Oralist Awards Court Competition 2011 • ABA Representation in Sue Ann Bernard & Mediation Competition 2011 Matthew McCluer J.D. Cooley & Carrie McCormick

mississippi college school of law |  e. griffith street | jackson, ms  | .. | www.law.mc.edu PRESIDENT Lem G. Adams, Brandon PRESIDENT-ELECT Guy W. Mitchell, III 2nd VICE PRESIDENT Jennifer Hall, Jackson

IMMEDIATE PAST PRESIDENT VOL. LVIV SPRING 2013 NO. 3 Hugh Keating, Gulfport BOARD OF COMMISSIONERS Peter Abide, Biloxi Cheryn N Baker, Brandon Features James A Bobo, Brandon Rick O. Burson, Laurel Protecting Client Confidences through the Removal of Metadata Gene M. Coxwell, Jr., Brandon By Ronald C. Morton and Adam Kilgore 12 Frank J Dantone Jr., Greenville Thomas W Dawson, Oxford La’Verne Edney, Jackson Material Matters: Curating a Record on Appeal J A Gipson, Jackson By Michael Bentley and David Neil McCarty 20 Jason D. Herring, Tupelo James E Holland, Horn Lake Making a List, Checking It Twice: The Mississippi Rules E. Nick Kramer, Quitman John A. Howell, Picayune of Appellate Procedure Year - In - Review 2012 Douglas E. Levanway, Jackson W B Lewis, Natchez By Matthew Reid Krell 22 Lawrence M Magdovitz II, Clarksdale James L Martin, Ridgeland How to be Your Own Appellate Counsel at Trial 26 Justin T McCaughn, Newton By Bob Frey Carlos E Moore, Grenada H B Mullen, Pascagoula The Appellate Practice Section 29 Mary A Nichols, Gulfport Jack G Price, McComb By John C. Henegan Tim L. Rutland, Hazlehurst Robert W Sneed, Jackson Fulfilling the Need for Legislative History: Brannon P. Southerland, Vicksburg John R. Tullos, Raleigh The Legislative History Project Charles E Winfield, Starkville By Stephen Parks 30 Patrick H Zachary, Hattiesburg YOUNG LAWYERS DIVISION Convention Registration 55-71 President Rachel Pierce, Tupelo President-Elect Julie Gresham, Biloxi Departments ABA DELEGATES W.C. (Cham) Trotter, III, Belzoni President’s Message 7 Charles J. Swayze, Jr., Oxford EXECUTIVE DIRECTOR Leadership Forum 8 Larry Houchins, Jackson Law Day Art Contest Winners 36 EDITOR Amanda Green Alexander, Jackson Final Disciplinary Actions 41 MANAGING EDITOR Melanie Henry, Jackson 20th Anniversary of Court Reform Legislation 44 ADVERTISING MANAGER Krissa Dobbins Easley, Jackson Young Lawyers Division News 45 Spring 2013 New Admittees 47 The Mississippi Lawyer is published quarterly by The Mississippi Bar, 643 North State Street, P.O. Box 2168, New “Lawyers in the Family” 48 Jackson, Mississippi 39225. Telephone (601) 948-4471. High School Mock Trial Competition 50 Publication of advertising does not imply endorsement of products, services or statements made concerning them. All advertising copy is subject to approval. The Editor In Memoriam 72 reserves the right to reject advertising. Lawyers Helping Lawyers 74 Manuscripts are welcome and preparation instructions may be obtained on request. The right is reserved to select CLE Calendar 75 materials to be published. Material accepted for publica- tion becomes property of The Mississippi Bar. Professional Announcements 76 Statement of opinions appearing herein are those of the authors and are not necessarily that of the Editor, Officers Classified Advertising 78 or Board of Commissioners of The Mississippi Bar. This issue of the magazine features articles provided by the new Appellate Practice Section of The Mississippi Bar.

The Mississippi Lawyer Spring 2013 5 CAREER OPPORTUNITY

UNITED STATES DISTRICT COURT Southern District of Mississippi

POSITION POSITION OVERVIEW CLERK OF COURT The U. S. District Court for the Southern District of Mississippi is seeking a senior level executive with expertise as an administrator to serve as the Clerk of Court. The Clerk of Court is appointed by the Court’s Board of Judges and has overall management authority and responsibility for the non-judicial components of the court. As the Court’s chief administrative officer, the Clerk works closely LOCATION with the Chief Judge in assuring that the administrative and operational needs Jackson, Mississippi of the Court are effectively and efficiently met. The Clerk is responsible for providing administrative support services in the areas of human resources, systems technology, space and facilities, records management, civil and criminal case load management, budget and court staff management. The Clerk serves as the Court’s liaison and works cooperatively with federal and local SALARY/TARGET government agencies, bar groups, media representatives and the public. The JSP 16/17 -- $133,389 - $165,300 Clerk serves at the pleasure of the Court and is responsible for performing the statutory duties of the office of the Clerk pursuant to 28 U.S.C. §751. The position becomes available on January 13, 2014.

POSITION AVAILABLE Qualifications: This position requires a bachelor’s degree in business, court administration or January 13, 2014 other related field from an accredited college or university, and a related graduate degree is preferred. A minimum of ten (10) years of progressively Prior to the official start date, the responsible administrative experience in public service, law or business, which selected candidate will be employed provides a thorough understanding of organizational, procedural, and human as the “interim clerk” for a limited resource aspects in managing an organization, is also required. At least three (3) period, with the current Clerk of years of experience must have been in a position of substantial management Court, in order to familiarize responsibility. Preference will be given to candidates who have an operational knowledge of the courts and experience in financial management, space and him/herself with court staff and facilities management, human resources management, oversight of information operations. technology and responsibility for long and short range planning. Active practice of law in the public or private sector may substitute for the management or administrative experience requirement. Education experience may substitute APPLICATION for general experience. CLOSING DATE Salary and Benefits: Applications will be received through The Clerk of Court compensation classification is a level JSP 16-17 ($133,735 to July 22, 2013. $165,300), depending on experience and qualifications. Federal benefits such as paid leave, retirement, health insurance and life insurance are provided.

Security Requirements: The office of Clerk of Court is defined as a “High-Sensitive” position and the selected candidate must successfully complete an FBI background investigation. ANNOUNCEMENT MSSD 2013-1 How to apply: Qualified persons are invited to submit a cover letter discussing the applicant’s interest in the position and a comprehensive resume of qualifications, education and employment experience. Also required is a completed Application for Judicial Branch Federal Employment (Form AO 78) – available at www.uscourts.gov . A detailed position announcement may be obtained on the court’s website, www.mssd.uscourts.gov .

Farewell hen I took the oath as your pres- upgrades in computer hardware and soft- in encouraging our representatives in ident in July of last year there ware. Nevertheless, judicial funding con- Washington to fix this problem. Wwere a number of issues facing tinues to be inadequate and this problem There are other issues that face our our association. Our law schools were has not gone away. profession and our association but you can graduating more new lawyers than there In visiting with my fellow bar presi- take comfort in the fact that your incom- were jobs available. Nationwide last year dents around the country I’ve heard of ing leadership is equipped to handle the almost half of the graduates did not find reports where some state courts are having job. One of the benefits that have come law related employment within six months to cut back to four days a week and layoff our way this year is getting to know and of graduation. In this day of lap tops, court clerks, law clerks and bailiffs. work with Guy and Susan Mitchell. scanners and on-line research a lawyer can While our state courts in Mississippi have Marcia and I have come to love these two enter the market for relatively low cost. not suffered this fate we as members of the friends and as you get to know them you Accordingly, an increasing number of new bar need to be vigilant in our support of will share our appreciation for them. I graduates are going solo or in partnership the funding efforts of our Chief Justice. often say that if in describing Guy with a classmate while being burdened by Frankly, to me it is unbecoming for our Mitchell is used the lexicon of baseball I’d a large student loan debt. While I firmly Chief Justice to have to go before legisla- say Guy can hit for power and average, has believe there is always a need for good tive committees and join in a scrum with a good glove and a strong arm, can steal a hardworking competent lawyers, a young other state agencies over funding. As a base and is a good clubhouse guy. Guy solo without a mentor or other support separate branch of government which con- Mitchell will do a fabulous job as our faces a difficult headwind which can sumes less than 1% of our state budget yet President. cause many problems for himself and his presides over the rule of law which in As I close out my year as President I clients. After a year as your president I essence empowers the other two branches, want my fellow lawyers to know that I can tell you this problem has not gone the judiciary should not have to depend appreciate the opportunity that you have away. upon the legislative and executive branch given me to serve our profession and I This year our law schools are accept- to pay its bills. As participants in our sys- hope that in some way I’ve left our associ- ing fewer students in part due to a reduc- tem of laws we need to work toward ation in as good a condition as I found it. tion in applicants and also due to self reforming the mechanism for judicial I will forever remember the new friends imposed restraint. In the near term the funding so that our courts can continue to I’ve made and the old acquaintances I’ve number of graduates should reduce but it do the work for which they are designed renewed and the joy I’ve experienced in is uncertain whether the job market will without having to participate in political this honorable office. I wish nothing but improve. As established attorneys we maneuvering. the best for all of you in the future. ■ should seek out our younger brethren to On this same subject, I recently attend- Regards, lend them a hand as they struggle to ed the Fifth Circuit Judicial Conference in Lem achieve what we have obtained in our pro- Fort Worth and learned that our Federal fessional careers and the Bar should con- Courts are being victimized by the tinue to seek to provide the infrastructure Sequester to the point that in just a few necessary to be a valuable resource for the short months they will not be able to young lawyers. maintain the staff to provide the current Another issue that faced us last year is level of service. Since the law requires the matter of judicial funding. Many criminal trials be conducted within pre- states are facing loss of revenues as a scribed time lines, the criminal docket will result of the economic downturn over the have to take precedence over civil trials. last five years and as a result legislatures Federal probation personnel will necessar- have taken drastic measures to cut fund- ily be adversely impacted to the point were ing. In Mississippi our legislature has the federal probation program may not be faced similar revenue issues. However, able to adequately handle the number of because of the tireless efforts of our Chief cases. To say it succinctly, our federal Justice and the Bar’s Government court system is going to be detrimentally Relations Director, Jimmie Reynolds in impacted by Sequester. On a recent trip to cooperation with our legislative leaders, Washington Guy Mitchell and I met with the Courts have received funding to keep members of our congressional delegation the courthouse doors open. This year the and this topic was the front and center legislature approved a budget that will issue we discussed. Again, we as lawyers Lem Adams allow the Courts to maintain the current have a vested interest in our federal courts President of The Mississippi Bar level of employees and provide needed being funded adequately. Please join me 2012-2013

The Mississippi Lawyer Spring 2013 7 The Mississippi Bar 2013

Participants of the Mississippi Bar 2013 Leadership Forum are from left: (front row) Kendra Lowrey, Taylor A. Heck, Clay Gunn, Denita N. Smith, Dellwyn K. Smith; (back row) William “Brad” Palmertree, Wendy H. Ellard, Graham P. Carner, Krissy M. Casey, Brant Ryan, J. Seth McCoy, Clifton “Cliff” Michael Decker, Shundral Hobson, J. Matthew “Matt” Eichelberger, Jacinta A. Hall, Jeremy P. McNinch. Not pictured: Haley M. Brown, Jennifer Watts Redditt, Andrew J. Stubbs, and Stephen P. Wilson. Participants

Haley M. Brown, Starkville Jacinta A. Hall, Jackson Jennifer Watts Redditt, Oxford Krissy M. Casey, Tupelo Taylor Allison Heck, Jackson Brant Ryan, Ridgeland Graham P. Carner, Jackson Shundral Hobson, Gulfport Dellwyn K. Smith, Jackson Clifton “Cliff ” Michael Decker, Jackson Kendra Lowrey, Lumberton Denita N. Smith, Jackson J. Matthew “Matt” Eichelberger, Jackson J. Seth McCoy, Jackson Andrew J. Stubbs, Ridgeland Wendy Huff Ellard, Jackson Jeremy P. McNinch, Pass Christian Stephen P. Wilson, Meridian Clay Gunn, Jackson William “Brad” B. Palmertree, Hernando

8 Spring 2013 The Mississippi Lawyer Leadership Forum Class

Past Bar President Cham Trotter spoke Past Bar President Nina Stubblefield “Business Ethics” was addressed by on “Professionalism and Public Percep- Tollison discussed, “Values Matter.” Brenda Redfern. tions.”

“The Professional & Ethical Implications of Impairment” was the topic of Chip York Craig, Jr. Past Bar President, talked General Counsel of the MS Bar, Adam Glaze, Executive Director of the Lawyers about “Civility and Values.” Kilgore, discussed “The Lawyer’s Creed.” & Judges Assistance Program

Senator Briggs Hopson addressed the Senator Sally Doty spoke to the group. Representative Robert Johnson addressed class. the Leadershp Forum.

The Mississippi Lawyer Spring 2013 9 The Mississippi Bar 2013

Patti Gandy Martin Willoughby, addressed the class COO of Butler Snow as the Director of Advisory, was the mod- the Legal Aid Office erator for “A New of Mission First. Breed of Leader.”

Bonnie Allen, the Development The public service program of the Tiffany Graves, General Counsel Director for the Mississippi Center MS Bar, High School Mock Trial and Executive Director of MVLP, for Justice, addressed the class on Competition, was addressed by spoke about “Mississippi Volunteer the MS Center for Justice. Jeremy McNinch, 2011-2012 Jack- Lawyers Project” and the MS Bar’s son Regional Chair. “Wills for Heroes” project.

Access to Justice “Mississippi College Executive Director School of Law and Pro Davetta Lee gave Bono Initiatives” was an update on addressed by Dean Jim “Access to Justice.” Rosenblatt.

10 Spring 2013 The Mississippi Lawyer Leadership Forum Class

Mississippi Bar Foundation President-Elect Steve Rosenblatt spoke about “Another Perspective” and Rebecca Wiggs, 2012 Past MS Bar President Reuben Anderson addressed the class on Lawyer Citizenship Award recipient, spoke about “Community “Leadership in Organizations” and Governor William Winter Involvement.” spoke on “The Measure of Our Days.”

Pictured with Governor William Winter, right, is MS Bar MS Bar President Lem Adams, who spoke on “Over a Century of Executive Director Larry Houchins, who gave the “Charge” to Service to the Members & the Public”, and Martin Willoughby, the Leadership Forum class. who spoke on “Leadership.”

Mississippi Court of Appeals Judge Chief Justice William Waller addressed Chad Russell, Past President of the Jimmy Maxwell gave a talk on the class at the Carroll Gartin Justice Young Lawyers Division, spoke on “Professional Development and Being building. “Young Lawyers Division – Celebrating Involved.” 75 Years.”

The Mississippi Lawyer Spring 2013 11 ProtectingProtecting ClieClien throughthrough thethe ReRemm

n November 29, 2012, the Board of Bar Commissioners for The Mississippi Bar approved Mississippi Formal Ethics Opinion No. 259, advising Mississippi lawyers of their con- Oduct and obligations regarding metadata. Metadata is hidden data contained in most document creation date, names of authors, computer files and ranges from such benign and other similar information about the file. information as the date the file was created, However, metadata may also include less to possibly critically secret information as benign information, such as user comments, client comments or attorney notes contained prior versions or changes to the document, within a file. It is this latter group of poten- and remnants of previously deleted text. tially harmful information that resulted in One simple definition of metadata is “infor- Opinion No.259. Mississippi is the 17th mation about information.” A more precise state to publish a formal ethics opinion on definition is provided by the Sedona confer- metadata. While most states’ positions fall ence, a legal think tank consisting of judges, squarely on one of two sides on the issue, attorneys, and others experienced in elec- either prohibiting all uses of metadata or tronic discovery matters: permitting the unlimited search for hidden data within documents, Mississippi’s more Medadata: Data typically stored elec- balanced approach permits the use of meta- tronically that describes characteristics data for its intended purposes, without open- of ESI [electronically stored informa- ing documents to unintended mining for tion], found in different places in differ- inadvertently disclosed information. ent forms. Can be supplied by applica- Formal Opinion No.259 serves to both alert tions, users or the file system. Metadata Mississippi practitioners of their duties to can describe how, when and by whom protect client confidences, even when such ESI was collected, created, accessed, protection may be less than obvious, yet also modified and how it is formatted. Can precludes deceptive practices of those who be altered intentionally or inadvertently. may seek to gain an unfair advantage due to Certain metadata can be extracted when an opponent’s lack of technical sophistica- native files are processed for litigation. tion. Some of the metadata, such as file dates and sizes, can easily be seen by users; What is “Metadata?” other metadata can be hidden or embed- Lawyers engaged in the modern law ded and unavailable to computer users practice routinely make use of electronic who are not technically adept. Metadata documents and image transmission, often as is generally not reproduced in full form email with attachments in either their native when a document is printed to paper or application file format or Adobe Portable electronic image. 3 Document Format (PDF). Almost all elec- tronic documents include data that is not Another definition, provided by the readily visible when viewed on a computer Federal Judicial Center, defines “metadata” screen or as a printed document. This hidden as “information about a particular data set or data is called “metadata.” One purpose of document which describes how, when, and this hidden data controls such mundane functions as typeface, font size, italics, bold, Continued on page 14

12 Spring 2013 The Mississippi Lawyer enntt ConfidencesConfidences mmovaloval ofof MetadataMetadata

By Ronald C. Morton, LL.M., CELA11 and Adam Kilgore22

The Mississippi Lawyer Spring 2013 13 Protecting Client Confidences through the Removal of Metadata by whom the data set or document was protection of confidential information. A lawyer shall not reveal information collected, created, accessed, or modified; Rule 1.6 of the Mississippi Rules of relating to the representation of a its size; and how it is formatted. Some Professional Conduct (“MRPC”) express- client, unless the client gives metadata, such as file dates and sizes can ly prohibits lawyers from revealing client informed consent. be easily seen by users; other metadata confidences. In order to ensure this funda- can be hidden from users but are still mental tenet of client confidentiality is Obviously, supplying a document to available to the operating system of the not breached, a lawyer must know some- the opposing side or possibly worse, to the program used to process the data set or thing about the information that may be public at large, which contains earlier document.”4 tagging along with electronic documents revisions or hidden internal notes or com- he may be transmitting to others. ments to the document, carries a high risk Why Should Lawyers Care About Lawyers have a duty to avoid disclo- of a non-permitted disclosure. For exam- Metadata? sure of information which may be harmful ple, an MS Word file of a 2004 lawsuit A fundamental principle of legal pro- to the client. MRPC 1.6 provides: against DaimlerChrysler and AutoZone fessional responsibility is the lawyer’s by the SCO Group, a holder of some Linix OS patents revealed that the initial target of that lawsuit was actually Bank of America, but that the bank was removed shortly before suit was filed and replaced with the named defendants. The metada- ta contained in this same document like- wise revealed venue shopping between earlier drafts, and numerous internal notes and comments among counsel regarding strategy.5 Other horror stories exist regarding metadata. In 2005, a seemingly anony- mous electronic document was circulated regarding then Supreme Court nominee Samuel A. Alito, Jr. that referred to his “anti-civil rights and anti-immigrant rul- ings.” The document’s metadata, showing the names of the authors and date of cre- ation, revealed that the memo was drafted by two members of the Democratic National Committee. In another instance, a law firm partner had assigned work to an associate and later claimed that he had authored it. Because the document had not been scrubbed for metadata, the client was able to determine that the associate had done the large majority of the work Even the most challenging and that they should not have been billed at the “partner rate.”6 economic times are no match The disclosure of metadata can, at a minimum, be extremely embarrassing for for strength and stability. counsel, but has the very real risk of sig- nificantly greater harm to clients. Strength and Stability for Over a Century Consider, for example, a final settlement agreement draft circulated to opposing counsel which contains internal com- ments between attorney and his client revealing their impressions of an appro- priate settlement range, or comments about whether certain provisions were important or not. Every lawyer must be cognizant about the danger of transferring

Underwriters in the Old Republic Title Insurance Group, Inc. are: such electronic documents in their native Old Republic National Title Insurance Company, Mississippi Valley Title Insurance Company and American Guaranty Title Insurance Company. format. Such information is not limited to documents either, as one recent high pro-

14 Spring 2013 The Mississippi Lawyer Protecting Client Confidences through the Removal of Metadata file example reveals. While the White To Mine or Not to Mine – That is the lawyer receiving an electronic document House’s late-night announcement refused Question should not try to obtain information from to disclose specific information on the Those states answering the second metadata that the lawyer knows or should precise time of the raid on Osama Bin question of whether an attorney may ethi- know is not intended for the receiving Laden’s compound, the digital image of cally actively search for or “mine” meta- lawyer.”10 The Florida Bar went further in the President and senior administration data from electronic documents they stating that a recipient lawyer was under observing the raid in the situation room receive from another party fall into two an obligation “not to try to obtain from reveals the precise time that the image was camps. metadata information relating to the repre- taken, more than 6 hours earlier.7 sentation of the sender’s client that the Mining Prohibited recipient knows or should know is not The Questions Presented to the Alabama, Arizona, Florida, New intended for the recipient.”11 Ethics Committee Hampshire, and New York all have con- The Alabama Bar, in a 2007 opinion, Given the dramatic consequences of cluded that applicable rules of profession- followed New York and Florida in its con- an inadvertent disclosure of hidden infor- al conduct prohibit a recipient lawyer from clusion that “the receiving lawyer also has mation, in 2007 the Mississippi Bar’s searching for metadata in electronic docu- an ethical obligation to refrain from min- Ethics Committee was presented with two ments.9 The conclusions of these Bar asso- ing an electronic document.”12 Alabama questions facing Mississippi lawyers: ciations are based upon the respective based its result on “the strong public poli- rules of professional conduct protecting cy in favor of preserving confidentiality as 1) Does an attorney have an affirma- confidential client information, and which the foundation of the lawyer client rela- tive duty to take reasonable precau- prohibit lawyers from engaging in conduct tionship.” The New Hampshire Bar tions to insure that confidential meta- which is “deceitful, dishonest, or prejudi- Association ethics committee likewise data is not inadvertently or inappropri- cial to the administration of justice.” concluded that intentional mining of data ately disclosed? Likewise implicated are the rules requir- by a recipient lawyer is unethical. New 2) Is it unethical for an attorney to ing respect for the rights of others. These Hampshire based this conclusion on an mine metadata from an electronic doc- opinions also share a conclusion that implied obligation on the receiving lawyer ument that he or she receives from lawyers who purposefully search for meta- to refrain from revealing information that another party? data are unjustifiably attempting to intrude the lawyer knows has been inadvertently on a confidential relationship between sent, citing Rule 4.4(b). Specifically, it These two questions led the Ethics lawyer and client, or otherwise gain from was the committee’s conclusion is that Committee, and eventually the Board of the work product or mental impressions of every circumstance of metadata contain- Bar Commissioners, to a place where both a sending lawyer, and further conclude ing client confidences is by its very nature legal ethics and technology converge. The that this type of conduct is dishonest, inherently known by the recipients to have first obstacle was for the Ethics deceitful, and prejudicial to the adminis- been “inadvertently sent”, because no Committee to comprehend the question, tration of justice. lawyer would ever knowingly send confi- “what is metadata?” Armed with the The first significant bar opinion on the dential information in violation of rule assistance of two committee members subject, New York Bar Ethics Opinion 749 1.6. This reasoning “dictates a conclusion with technology backgrounds, the (2001), relied primarily upon a lawyer’s that receipt of confidential information in Committee became informed with the ethical duty to refrain from dishonest, the form of metadata is the result of inad- technological components of the issue and fraudulent, or deceitful conduct. In that vertence, just as receipt of attorney notes was able to consider the question within opinion, the New York Bar Ethics stapled to draft documents would neces- the context of the Mississippi Rules of Committee concluded that “lawyers may sarily be the result of inadvertence. As a Professional Conduct. As is typically the not ethically use available technology to result, rule 4.4(b) imposes an obligation case when an ethics opinion request is surreptitiously examine and trace e-mail on the receiving lawyer to refrain from submitted, there was not a rule or prior and other electronic documents.” That reviewing the metadata.”13 “The commit- ethics opinion from Mississippi on point. committee concluded that “the strong tee believed that purposefully seeking to From there, the Committee looked at policies in favor of confidentiality out- unearth confidential information embed- ethics opinions from other states. At least weighs what might be seen as the compet- ded in metadata attached to a document 16 other states, together with the American ing principles of zealous representa- provided by opposing counsel implicates Bar Association, have rendered metadata tion....no such balance need be struck here the broad principles underlying the rules, ethics opinions. because it is a deliberate act by the receiv- including the strong public policy in favor On the first question regarding a ing lawyer, not carelessness on the part of of maintaining confidentiality.”14 lawyer’s duty to protect against revealing the sending lawyer, that would lead to the client confidences in metadata, every state disclosure of the client confidences and Mining is Permitted to date addressing the issue has opined secrets.” See also, New York Bar Ethics In contrast to the above cited jurisdic- that lawyers have a duty to exercise rea- Opinion 782 (2004) (“lawyer recipients tions’ prohibition against lawyer mining of sonable care when transmitting electronic also have an obligation not to exploit an metadata, the other jurisdictions address- documents to ensure that they do not dis- inadvertent or unauthorized transmission ing the subject, and the ABA’s own opin- close client confidences.8 of client confidences or secrets.”). ion, adopted a view permitting such Florida likewise concluded that “a Continued on next page

The Mississippi Lawyer Spring 2013 15 Protecting Client Confidences through the Removal of Metadata

metadata includes privileged or confiden- tial information.”18

Mississippi’s Approach It was against this backdrop that the Ethics Committee of the Mississippi Bar engaged in careful study and healthy debate regarding its members’ obligations and conduct regarding this issue. What are our obligations as attorneys as it relates to technology? Are we required to be technologically competent under Rule 1.1, MRPC, which states that “competent representation requires the legal knowl- edge, skill, thoroughness and preparation reasonably necessary for the representa- tion”? Does our duty of confidentiality as set forth in Rule 1.6, MRPC, require us to take steps to protect confidential informa- tion from being inadvertently disclosed? Eventually, the Ethics Committee con- cluded that both the sending and receiving attorney have obligations as to confiden- tial metadata. An opinion was carefully drafted and submitted to the Board of Bar Commissioners for consideration and searches without limit, placing the entire metadata without first ascertaining approval. Just as had taken place at the burden of preventing disclosure solely on whether the sender intended to disclose to Ethics Committee level, there was signifi- the shoulders of the sending lawyer. [the defendant].”16 Colorado also adopted cant discussion among the Bar Colorado, Maryland, Oregon, Vermont, this more liberal view, concluding that Commissioners as to the merit of such an Washington, and Wisconsin each take the since legitimate uses for metadata exist, opinion and the same obstacle was pre- view that the absence of a specific rule on all uses of metadata are justified. “There sented as before; what is metadata and the subject prohibiting the conduct of is nothing inherently deceitful or surrepti- what are attorney’s ethical obligations? metadata mining makes the conduct per- tious about searching for metadata.” That This discussion led to it being returned to missible. For example, recognizing that belief, combined with the absence of any the Ethics Committee for further consider- “metadata is ubiquitous in electronic doc- specific rules prohibit in such searching, ation. uments” and that the model rules “do not lead to Colorado’s conclusion that there is While the Committee considered the contain any specific prohibition against a no prohibition against any uses of metada- Ethics Opinion request and other related lawyer for viewing and using embedded ta, including mining. issues, there was further development in information and electronic documents,” other states as to a lawyer’s duties as it the American Bar Association opined that Don’t Look if You Know Disclosure relates to metadata as well as a formal the only ethical obligation was that of the was an Accident opinion issued by the American Bar sending lawyer to exercise reasonable care A third “hybrid” approach seems to Association. Taking into account the new not to send such confidential information. have been adopted by the District of developments, the proposed ethics opinion “A lawyer who is concerned about the pos- Columbia, which concluded “a receiving was revised and again presented to the sibility of sending, producing, or provid- lawyer is prohibited from reviewing Board of Bar Commissioners, where it ing to opposing counsel a document that Metadata sent by an adversary only where unanimously passed, resulting in Missis- contains or might contain metadata, or he has actual knowledge that the meta- sippi Formal Ethics Opinion No. 259. who wishes to take some action to reduce data was inadvertently sent.” 17 “[W]e Much care has been given to the cre- or remove the potentially harmful conse- believe that mere uncertainty by the ation of this opinion, as has its implica- quences of its dissemination, may be able receiving lawyer as to the inadvertence of tions on Mississippi attorneys. The to limit the likelihood of its transmission the sender does not trigger an ethical obli- Opinion passed in December of 2012, but by “scrubbing” metadata from documents gation of a receiving lawyer to refrain it’s “launch” was intentionally delayed to or by sending a different version of the from reviewing the metadata... Where allow time for the Bar’s website to be document without the embedded informa- there is such actual prior knowledge... the redesigned and to include a video section tion.” 15 receiving lawyer’s ethical duty of honesty for Bar members to view to aid them in Maryland likewise concluded that requires that he refrain from reviewing the fulfilling their ethical obligations as set “there is no ethical violation if the recipi- metadata until he has consulted with the forth in the opinion.19 Lawyers in ent attorney... reviews or makes use of sending lawyer to determine whether the Mississippi now have clear guidance

16 Spring 2013 The Mississippi Lawyer Protecting Client Confidences through the Removal of Metadata regarding the professional expectations of an exhaustive moral or ethical code, but their trash at night. The law is a profes- their own conduct, and the expectations of rather provide a framework for the ethical sion, not a mere trade, and as such has their peers, with respect to hidden metada- practice of law. associated with it a general expectation of ta: The basic concepts of fairness and honesty, integrity, mutual courtesy, and 1. A lawyer must take reasonable decency also dictate that lawyers conduct professionalism not shared by the public at steps to ensure that confidential themselves as professionals. The large. Mining documents in an attempt to information is not disclosed through Lawyers’ Creed20 directly addresses our discover client confidences or attorney the transmittal of digital documents professional obligations to clients, to strategies is inconsistent with such profes- or other file types. opposing parties and their counsel, to the sionalism. Lawyers should be able to rea- courts, to our colleagues in the practice of sonably assume that their opponent will 2. While a lawyer can use metadata law, to the profession and to the public. A not intentionally seek to discover confi- intended to be seen and used with- common theme throughout the Lawyer’s dential information to use against their out special measures, he may not Creed is our obligation to “fairness” and clients by such surreptitious methods as purposefully search a document for “integrity” as well as our obligation “to document mining. such hidden information in an effort seek the common good through effective Likewise, all lawyers have an obliga- to obtain information not intended and ethical representation” of our clients. tion to protect against the disclosure of to be disclosed. Intentionally searching a document for confidential information. While Rule 1.6 otherwise hidden information not reason- recognizes the obligation to keep client The basis for the first conclusion is ably expected to have been sent knowing- confidences as a fundamental hallmark of self evident. Rule 1.6 prohibits the disclo- ly by opponent is not “decent” or “ethical” the legal profession, and places that duty sure of client confidences. The fact that behavior. Rather, it is behavior more close- of non-disclosure upon the representing changing technology now makes protec- ly resembling sneaking a peak at an oppo- lawyer, Rule 4.4 (b) serves as a recogni- tion of those confidences less obvious nent’s notes during a deposition break, tion that this obligation is not limited sole- does nothing to reduce or eliminate our placing a glass against a wall when an ly to the client’s own attorney. Rule 4.4 duty as lawyers to protect our client’s opponent confers with his client in an (b)’s obligations is placed directly upon a secrets. Our ethical obligation as protector attempt to learn the contents of their priv- recipient lawyer who becomes the inad- of client secrets is clear, and this duty ileged discussion, or rummaging through Continued on next page extends to our understanding of the opera- tion of the technology that we utilize. The basis for the prohibition of against mining, however, may be less obvious. Professionalism is a Shared Duty. Support for Opinion No. 259 can be drawn from Mississippi Ethics Opinion No. 253, which, while not addressing metadata, did address the attorney’s ethical obligations when the attorney receives unintended attorney-client communication between opposing counsel and their client. The rea- soning and basis for that opinion apply to the metadata question as well. In that opin- ion, the Committee recognized a lawyer’s obligation to “act in a manner that pro- motes public confidence in the integrity and efficiency of the legal system and the legal profession.” As is also the case in the metadata question, the committee noted in Opinion No. 253 the absence of any spe- cific rule of professional conduct directly addressing the issue presented, but nonetheless concluded that rule 8.4 (d) “places an obligation upon every lawyer to take steps to preserve the attorney-client privilege in order to effect the orderly administration of justice.” That obligation extends to an inadvertent lawyer recipient of such communication. Similarly, the “scope” of the rules of professional con- duct note that the rules are not intended as

The Mississippi Lawyer Spring 2013 17 Protecting Client Confidences through the Removal of Metadata vertent or unintended recipient of confi- made by reviewers of a document, dates exist for addressing the issue, most of dential information, and charges him with and other properties of a document and which involve only a modest investment of other responsibilities to protect the attor- features in Word, Excel, Word Perfect and money and time. Given the ease of ney-client privilege, by informing the other programs. 21 addressing the issue, and the impact of opponent of the disclosure. The imple- Admittedly, much of the information failing to address the issue, simply doing mentation of this rule in 2005 recognized passed on from metadata is harmless or nothing and ignoring the issue is an that the protection of the attorney-client irrelevant. The date and time when certain unnecessary risk, and if it results in the privilege is a shared responsibility, and changes were made to a document tend to disclosure of client confidences, is a vio- obligates both sides to a duty to protect the not be an issue, until that is, it is… lation of the lawyer’s professional obliga- privilege. Although rule 4.4 (b) stops short Metadata can reveal information in the tions. of limiting a lawyers further review or use form of prior language in earlier drafts of of the inadvertently received document, by a document (which may be usable as Discovery Documents Distinguished requiring only that the receiving lawyer admissions), changes to language made by In answering the above two inquiries, notify the sender, the rule nonetheless cre- lawyers or clients that can reveal strategy the Committee distinguishes between (a) ates duties upon the recipient in further- or settlement ranges or authority, com- metadata contained in electronic docu- ance of protecting the privilege. Implicit ments to the document that reveal client ments provided in response to discovery in this obligation is a further obligation of views or concerns, date of creation (which requests or pursuant to a subpoena, as a recipient lawyer not to intentionally look can be relevant as evidence), who opposed to (b) electronic documents vol- for any information that may have been reviewed the document (also potentially untarily provided by opposing counsel in inadvertently sent, such as metadata. evidence), the identity or matters handled the course of litigation. This opinion is Finally, Rule 8.4 (c) and (d), MRPC, for prior clients (ever cut and paste a doc- limited to the latter circumstance only, and provides “it is professional misconduct for ument from another matter? It may con- specifically does not address electronic a lawyer to... engage in conduct involving tain the other client’s confidential infor- materials subject to discovery or subpoena dishonesty, fraud, deceit or misrepresenta- mation), attorney-client privileged matters under applicable court rules. In the dis- tion; engage in conduct that is prejudicial and work product material (which can risk covery context, where a party inadvertent- to the administration of justice;..” When a waiver), and, information related to Rule ly discloses material believed to be privi- lawyer “mines” an opponent’s metadata, 1.6, MRPC, which the lawyer is ethically leged or work product and provides notice he has engaged in conduct involving dis- bound to protect against disclosure.22 to opposing counsel of the inadvertent dis- honesty, fraud, deceit or misrepresenta- As a practical matter, the Mississippi closure, the recipient has a duty to prompt- tion. While Rule 8.4 (c) is implicated only Practitioner may employ the numerous ly return, destroy, or sequester the infor- when the receiving lawyer intentionally steps to protect from the inadvertent dis- mation and not to use or disclose informa- seeks to uncover or mine the metadata, as closure of confidential information tion until the privilege or work product opposed to accidental discovery through through metadata. Sophisticated propri- claim has been resolved. legitimate uses of the data previously dis- etary software, such as Payne Group’s cussed in this opinion, mining is clearly Metadata Assistant exists for the sole pur- Conclusion prohibited by this Rule. pose of removing metadata from As has already been alluded to, meta- Just as before with the Ethics Microsoft Office documents.23 However, a data takes many different forms, depend- Committee and then the Board of Bar far simpler approach may simply be to ing on the application being used. For Commissioners, each Mississippi lawyer print out a hard copy of the document to example, the metadata in spreadsheets is now charged with understanding, “What be sent and then simply scan and email the includes the formulas used to compute a is metadata?” and “How to I prevent pass- document as a PDF, or simply send it via displayed set of numbers. Metadata in ing it along?” fax. Alternatively, a lawyer can print a word processing programs like Word and document to his PDF driver and send the WordPerfect can include prior versions of Practical Steps for Removing Metadata resulting document via email. To be fur- documents, prior proposed or rejected Metadata is not new. It has been in ther cautious, the lawyer may include an document changes, and even user com- existence since computers first began in additional step before sending the docu- ments. This is, of course, far from an order to organize data and keep a time ment of searching for and removing meta- exhaustive list of metadata risks. Insofar stamp on when it was created. There are data using features built into the Adobe as technology is bound to progresses, the precursors to metadata in history, includ- Acrobat software. A third approach is various types of metadata will certainly ing watermarks embedded in paper or cur- simply to utilize the metadata removal fea- change over time. As lawyers, our time- rency and even library cards with records tures built into modern wordprocessing honored obligation to protect our clients’ of the patrons using a book. In both his- software. Ever since Office 2004, secrets must progress with the technology. torical examples, one can see where some- Microsoft has built into its office suite the This opinion is not a substitute for a thing came from and to some extent, ability to natively detect and remove meta- lawyer’s technical due diligence on the where it went from there. Metadata in data from word documents with a couple metadata issue, or intended to be a course electronic documents today does much of of simple mouse clicks. For a live demon- on the methods of controlling metadata. the same. Some current technological stration of these and other metadata The task of educating The Mississippi Bar examples of metadata include changes removal techniques, visit http://msbar.org/ on such technical matters is beyond the made in edited documents, comments scrubmetadata.aspx. Multiple approaches scope of this opinion and this Committee.

18 Spring 2013 The Mississippi Lawyer Protecting Client Confidences through the Removal of Metadata

Each lawyer bears the responsibility to a Pocket Guide for Judges 20 - 25 (Federal 10 Florida Bar Ethics Opinion 06 — 02 (2006). sufficiently educate himself as to the pres- Judicial Center 2007). 11 Florida Bar Ethics Opinion 06 — 02 (2006). ence, risks, and means of controlling inad- 5 Stephen Skankland and Scott Ard, Hidden Text 12 Alabama Bar Ethics Opinion 2007 — 02 (2007). vertent disclosure of confidential informa- Shows SCO Prepped Lawuit Against BofA, http://news.cnet.com/Hidden-text-shows-SCO- 13 New Hampshire Ethics Opinion 2008 — 2009/4. tion through metadata within his practice. prepped-lawsuit-against-BofA/2100-7344_3- 14 Id. ■ 5170073.html (March 4, 2004). 15 ABA Ethics Opinion of 6 — 442 (2006). ______6 John T. Rouse, Have you Heard of Electronci 16 Maryland Bar ethics opinion 2007 — 09 (2007). 1 Ronald Morton is a Certified Elder Law Discovery and Metadata?, http://apps.american- 17 District of Columbia Bar Ethics Opinion at 341 Attorney by the National Elder Law Foundation bar.org/litigation/committees/consumer/arti- (2007)(emphasis added). and practices exclusively in the areas of Estate cles/winter2011-electronically-stored-informa- Planning and Administration, Asset Protection tion-metadata.html (February 1, 2009). 18 District of Columbia Bar Ethics Opinion 341 Planning, Medicaid and Public Benefits (2007). Planning, and Special Needs Trusts. He is cur- 7 Know Your Files, What the Situation Room 19 http://msbar.org/scrubmetadata.aspx rently Chairman of the Ethics Committee, and REALLY Shows . . ., http://www.knowyour- former Chairman of the Technology Committee. files.com/2011/05/what-the-situation-room-real- 20 The Mississippi Bar, A Lawyer’s Creed, He is an adjunct faculty member at Mississippi ly-shows (March 5, 2011). http://www.msbar.org/ethics-discipline/profes- College School of Law where he teaches Elder 8 See e.g., Alabama Ethics Opinion No. 2007 — sionalism/lawyers-creed.aspx (accessed Apr. 16, Law. 02; Arizona Ethics Opinion No. 7 — 03; 2011). 2 Adam Kilgore is General Counsel for The Colorado Ethics Opinion 119 (2008); District of 21 Niki Kuckes, CLE Presentation, Practicing Law Mississippi Bar where his duties include review- Columbia Ethics Opinion 341 (2007); Florida Ethically in the Digital Age: The Ethical Lawyer ing all Bar complaints, conducting investigations Ethics Opinion of 6 — 2; Maryland Ethics Encounters Twitter, Facebook, “Metadata,” and regarding Bar complaints, prosecuting attorney Opinion 2007 — 09; New Hampshire Ethics the “Cloud” (Rhode Island August 2012)(copy discipline cases, handling appeals before the Opinion 2008 — 2009/4; N.Y.C. Lawyers on file with the Rhode Island Bar Association). Association Ethics Op. No. 738 (2008); New Supreme Court of Mississippi, and serving as 22 Id. Bar liaison for the Board of Bar Commissioners, York State Ethics Opinion 782 (2004). 23 http://www.payneconsulting.com/products Committee on Professional Responsibility, and 9 Alabama ethics opinion are of 2000 7X02; the Ethics Committee. Arizona ethics opinion is 7 — 3; Florida ethics 3 The Sedona Conference Glossary: E-Discovery opinion of 6 — 2; New Hampshire ethics opin- and Digital Information Management (2nd ed.) ion 2008 — 2009/4; New York city lawyers December 2007. Association ethics Op. number 738 (2008); New York State ethics opinion 782 (2004) 4 Managing Discovery of Electronic Information:

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The Mississippi Lawyer Spring 2013 19 Material Matters: Curating a Record on Appeal

he record is an undervalued cog in the intricate machinery of appeals. Without a basis in the record for reversing a rul- ing by the trial court, the appellant may not prevail on Tappeal. The appellee also has an interest in seeing approach. Yet there is an inherent tension that the designated record puts the trial to that cautious approach. As the court’s rulings in proper context. Comment to Rule 10 notes, “[t]he purpose Mississippi Rule of Appellate Procedure of the Rule is to permit and encourage par- 10 determines the content of the record for ties to include in the record on appeal only purposes of appeal, but it is far from an those matters material to the issues on “automatic” rule. As litigation becomes appeal.” (emphasis added). As a result, more complex, curating a record for a the Supreme Court has expressly “con- clean and thorough review by the appeals demned” the practice of overbroad desig- court is increasingly important. nation as unnecessary, expensive, and As a matter of law, if the information wasteful process of designating the whole was not in the record below, it will not be record if it is not germane to the issues on considered on appeal. “Mississippi appel- appeal. Comment, MRAP 10. late courts may not consider information In providing a “warning” to the Bar, that is outside the record.” Hardy v. Brock, the Supreme Court noted that it was 826 So.2d 71, 76 (Miss. 2002). “The trial “aware that many appealing attorneys rou- court’s rulings are presumed correct, and tinely designate the entire course of trial this presumption will prevail unless the proceedings for transcription, wholly with- record shows otherwise.” Id. out regard to the nature of the issues to be Likewise, trying to jam in new infor- raised on appeal.” Byrd v. F-S Prestress, mation on appeal will fail. In one case, the Inc., 464 So. 2d 63, 69 (Miss. 1985) Supreme Court agreed with a party that it (emphasis added). “The time has come for was improper to consider portions of a this practice to stop,” the Court admon- transcript on appeal when they “were not ished, noting that they “have repeatedly part of the record in the chancery court, urged the parties to an appeal and their and therefore not considered by the chan- counsel to reduce the bulk of transcripts.” cellor when ruling on the summary judg- Id. As officers of the court, appellate ment motions . . . .” KBL Properties, LLC attorneys have a duty to heed this warning, v. Bellin, 900 So.2d 1160, 1163 (Miss. for the benefit of both the appellate court, 2005). The Court was clear that the appeal not to mention the trial court clerk that would be limited to the record presented to must devote its resources to compiling the the trial court. Id. at 1164. record, and their clients. The standard response from many liti- Voluminous records do not only tax the gators when reviewing these cases is to Court’s patience, they can tax a client’s overcompensate by designating the entire pocketbook. The price per page of tran- record on appeal, the transcripts of every scription of a trial or hearing is $2.40, By Michael Bentley and hearing and all of the clerk’s papers and which can add up quickly over the course David Neil McCarty exhibits. In some cases, and for some of a case or multi-day trial. See Appendix clients, this may be the preferred III(I) to MRAP; MRAP 11((b)(1) (esti-

20 Spring 2013 The Mississippi Lawyer Material Matters: Curating a Record on Appeal mate per day is $300.00). The record also approach is not suited for most appeals, it actually considered by the court, but was takes time to compile by the trial court can save all parties significant time and not included in the clerk’s papers (e.g., a clerk. An overbroad designation can cost costs if employed in the right case. summary judgment or other motion brief). your client thousands of dollars and delay It is important to note, as the comment A winning record starts with an effec- an appeal for weeks or months while the to Rule 10 explains, that briefs submitted tive trial court presentation that musters a clerk and court reporter are gathering to the trial court, whether or not those persuasive case, while preserving poten- unnecessary exhibits and transcriptions. briefs are filed with the clerk, “do not nor- tial errors for an appeal if necessary. If In the nearly 30 years since Byrd, mally belong in the record on appeal.” that record does not make it to the which was rendered only four years after Briefs should be specifically designated as Supreme Court, all the efforts in the trial the adoption of the Rules of Civil items to be included in the record if they court may be lost. With diligence and a Procedure, records have continued to careful eye towards the Rules, an attorney swell. Yet a massive record may inadver- can help further their client’s interests by tently “hide” the information necessary to Rule 10(d) permits the selecting and editing a record. ■ resolve a key issue on appeal. Missis- ______sippi’s appellate courts decide more cases parties to file an Michael J. Bentley is an associate with today than they ever have. According to “Agreed Statement as the Bradley Arant Boult Cummings, LLP, of the most recent statistics, the Mississippi Record on Appeal” in lieu Jackson, where he focuses his practice on Supreme Court tendered rulings in 186 appeals and general litigation. He cur- cases and other matters in 2012, and the of a traditional record. rently serves as the Vice-Chair of the Court of Appeals handed down nearly 500 Appellate Section. He formerly served as rulings. As a result, the appellate courts a law clerk to Judge Leslie Southwick of simply do not have the resources or per- were not filed. The inclusion of briefs the Fifth Circuit Court of Appeals. He has sonnel necessary to sift through extensive may be necessary to show that certain also served as an adjunct professor of records in every one of those appeals. legal arguments were presented to the trial legal writing at Mississippi College Even precise record citations may not be court in cases where the motion itself, and School of Law, where he was graduated effective if the documents to which you the trial court’s order on the motion, do not summa cum laude. hope to draw the court’s attention are scat- reflect the full vetting of the particular tered throughout thousands of excess issue, as it occurred in the trial court. The David McCarty is a solo practitioner at pages. inclusion of trial court briefs may be par- David Neil McCarty Law Firm, PLLC, of While Rule 10 governs the designation ticularly important when appealing a sum- Jackson, where he focuses his practice on of the record on appeal, it leaves the con- mary judgment order. civil and criminal appeals. He has suc- tent of the record largely to the discretion Finally, attorneys should note that cessfully represented clients in a dozen of the attorney. The record must include a record-designation is not an opportunity to reported cases at the Mississippi Supreme certified copy of the clerk’s docket sheet. insert new evidence, arguments, exhibits, Court, Court of Appeals, and the Fifth It should also include the final judgment authorities, or the like into the materials to Circuit. He currently serves as the or other order of the court that has been be considered by the reviewing court. Secretary of the Appellate Section. He for- appealed. Beyond that, the record need Only papers or exhibits “filed in the trial merly served as a law clerk to then only include items in the trial court’s case court” may be included in the record on Presiding Justice James E. Graves, Jr., of file that are necessary to an understanding appeal. (Rule 10 may permit a party to the Mississippi Supreme Court, now of the of the errors that the party intends to raise include “unfiled” items in the narrow Fifth Circuit, and former Presiding Justice on appeal. If an appellant decides to des- instance where the item to be included was Oliver E. Diaz, Jr. ignate something less than the entire record, he must provide a “statement of issues” so that the appellee may determine whether there are additional parts of the record that should be designated. If the LACOSTELACOSTE appellee requests additions to the record, the appellant must bear the expense of ARCHITECTARCHITECT compiling those additions unless he CONSTRUCTION • PREMISES LIABILITY obtains an order from the trial court shift- ing the costs to the appellee. Rule 10(d) permits the parties to file JAY LACOSTE an “Agreed Statement as the Record on Appeal” in lieu of a traditional record. 2349 TWIN LAKES CIRCLE 601 981-2853 This seldom-used approach can be effec- tive in single-error or other straightfor- JACKSON, MS 39211 [email protected] ward or non-contentious cases. While this

The Mississippi Lawyer Spring 2013 21 Making a List, Checking it Twice: The Mississippi Rules of Appellate Procedure Year-in-Review 2012 he Rules of Appellate Procedure don’t just matter for those attorneys who practice before the Supreme Court and the Court of Appeals; they apply to proceedings in circuit court, when that court acts on appeal from the TWorker’s Compensation Commission.2

They also apply when a chancery court there is no review of such a dismissal,9 the acts on appeal from administrative effect of the new standard may be mini- actions.3 Thus, understanding how the mal, if the Court elects to ignore it. courts interpret the Rules of Appellate The August order amended Rules 6, Procedure isn’t important only to those of 28, and 42.10 The changes to Rule 6(b)(1) us who find ourselves writing to the were technical.11 The Court then renum- courts in the Gartin Justice Building, but bered Rule 6(b)(2) as Rule 6(c)(1) and also to those who practice in worker’s added a paragraph providing for a thirty- compensation, in land use, and in any day stay of an appeal where a non-indi- court of limited jurisdiction, such as coun- gent defendant has not waived their right ty or justice courts. Even zoning decisions to counsel.12 The Court then added Rule are subject not to review under trial rules, 6(c)(2), which provides procedural safe- but rather are subject to appellate review. guards to ensure that defendants who wish The Mississippi Supreme Court to proceed pro se are not deprived of their approved certain amendments to the right to counsel without an intelligent and Mississippi Rules of Appellate Procedure competent waiver.13 as of July 1 and August 2, 2012.4 The July With regard to Rule 28, the Court order amended Rule 17(f), governing the adopted a new Rule 28(b), affording crim- certiorari process of obtaining Supreme inal appellants the right to file a pro se Court review of decisions of the Court of brief to raise issues in the record that their Appeals.5 The change merely established counsel elected not to raise.14 The remain- the standard whereby the Supreme Court der of Rule 28 was renumbered appropri- can, sua sponte, dismiss a grant of certio- ately. In amending Rule 46, the Court rari as improvidently granted.6 Whereas merely adopted the provisions of the new the former rule read, “Prior to final dispo- Rule 6(c)(2) into the process of permitting sition, the Supreme Court may, on its own withdrawal of appellate counsel.15 motion, find that the petition for certiorari The Supreme Court and Court of was improvidently granted and may dis- Appeals decided twenty-nine cases in miss the certiorari proceeding,”7 the new 2012 wherein they cited the Rules of rule states “Prior to final disposition, the Appellate Procedure. Of those, twelve Supreme Court may, on its own motion, involved actual interpretations of the find that the petition for certiorari was Rules.16 The Supreme Court decided two improvidently granted [sic] there is no cases, while the Court of Appeals decided By Matthew Reid Krell1 need for further review and may dismiss ten. the certiorari proceeding.”8 However, because Rule 17(f) also provides that

22 Spring 2013 The Mississippi Lawyer Making a List, Checking it Twice: The Mississippi Rules of Appellate Procedure

Mississippi Supreme Court Cases reversing itself did not constitute clear Commission, No. 2011-CC-01484-COA Driver Pipeline Co. v. Williams contradiction, because the Court of (Miss. App. Sept. 18, 2012). Transport Co., No. 2011-IA-00771-SCT Appeals is not the ultimate authority on Blackwell v. Howard Industries, (Oct. 25, 2012): In this interlocutory law in Mississippi.26 Inc., No. 2010-WC-01516-COA (Miss. appeal, the Court first noted that contrary Cuevas v. Ladner, 86 So.3d 936 App. Jan. 24, 2012): This trio of cases to the plain text of the Rules of Appellate (Miss. App. 2012): The court ruled that reiterate and expand on the requirement in Procedure, that the interlocutory appeal where an affidavit asserted lack of actual Rule 2(a)(2) that a party that has failed to of a motion to compel arbitration was notice of the entry of judgment, and the comply with the Rules of Appellate governed by Rule 4, rather than Rule 5, only prejudice that would result to Procedure be sent a notice of deficiency thus extending the time period to appeal appellee was the cost of defending an and granted fourteen days to cure their those orders by nine days.17 It further appeal, that the appellant had made a deficiency. In all three cases, the Court of ruled that a timely motion for reconsider- showing sufficient to justify reopening Appeals reversed decisions of lower ation under Mississippi Rule of Civil the time for appeal under Rule 4(h).27 In courts that cut off opportunities for relief. Procedure 60 qualified as a “post-trial addition, the Court ruled that no showing Adams dealt with a chancellor’s dismissal motion” under Rule 4(d), which restarts of excusable neglect was required, as of an appeal from an administrative the time for filing a notice of appeal under under Rule 4(g).28 Judge Carlton dissent- agency’s decision.33 In that case, the Court Rule 4(a) at the date the trial court rules ed, arguing that the record supported the first noted that it was well-settled that on the post-trial motion.18 chancellor’s refusal to reopen the time for chancery courts sitting as appellate courts 5K Farms, Inc. v. Mississippi appeal because there was a conflict in the used the Rules of Appellate Procedure. It Department of Revenue, No. 2009-CT- evidence regarding whether counsel then noted that failure to comply with 01787-SCT (May 10, 2012): The received notice.29 Rule 2(a)(2) is a due-process violation Supreme Court granted certiorari in this Deutsche Bank National Trust Co. that renders the judgment void,34 and case to resolve whether the pre-trial bond v. Brechtel, 81 So.3d 277 (Miss. App. reversed a chancellor’s dismissal of an requirement of Miss. Code §§ 27-77-5 2012): The denial of a motion for default appeal from the Oil & Gas Board.35 and 27-77-7 were procedural or jurisdic- judgment is not a final, appealable order Wade presented a similar issue, tional.19 It concluded that appeals from under Rule 4(a).30 Instead, those appeals involving the appeal of a disciplinary administrative-agency decisions are not are interlocutory and must be pursued decision of the Mississippi Real Estate subject to the Mississippi Rules of Civil under Rule 5.31 Judge Carlton dissented, Commission.36 After missing a court- Procedure, and that those appeals are sub- arguing that in this particular case, where ordered deadline to submit an appellant’s stantively different from appeals from only a single issue of law lay between the brief by nearly seven months, the Hinds lower courts.20 The Court held that impos- parties, that the denial of default judg- County Circuit Court dismissed the ing a bond requirement instituted a juris- ment acted as a declaratory judgment appellant’s appeal.37 The Court of Appeals dictional bar rather than a procedural one, resolving the only issue between the par- reversed, finding that the circuit clerk had and the Legislature had acted constitu- ties which would be a final, appealable not provided a notice of deficiency and tionally in doing so.21 judgment.32 fourteen days to cure.38 Williams v. Claiborne County Blackwell shows that the mandate of Mississippi Court of Appeals Decisions School District, 80 So.3d 883 (Miss. Rule 2(a)(2) is continuing, and that every Ladd v. State, 87 So.3d 1108 (Miss. App. 2012): This case dealt with when a attempt of an appellant to conform with App. 2012): The Court of Appeals applied matter is ripe for appeal. In this dispute the Rules triggers a new duty under Rule the “plain-error doctrine” in Rule over a right-of-way, the plaintiff school 2(a)(2). In that case, the appellant 28(a)(3), which allows that although “no district sought damages, on which the received a Rule 2(a)(2) notice of deficien- issue not distinctly identified shall be chancellor did not rule. Because the cy for failure to file a brief.39 They then argued by counsel, except upon request of chancellor did not resolve all of the issues timely filed a brief, but their brief did not the court, . . . the court may, at its option, between the parties, the Court of Appeals comply with the requirements of Rule notice a plain error not identified or dis- ruled that the judgment was not final. 28(a).40 The appellee then filed a motion tinctly specified.”22 The Court used that The Court did note two mechanisms for to dismiss for failure to comply with Rule doctrine to reverse a conviction for bur- bringing an appeal prior to a final judg- 28(a), which the Jones County Circuit glary that was procedurally barred from ment – a Rule 54(b) motion for partial Court granted.41 The Court of Appeals review.23 Writing in dissent, Judge final judgment, or a Rule 5 petition for reversed, noting that “[a]n appellee’s Roberts concluded that the Court’s appli- interlocutory appeal. Because the parties motion to dismiss cannot be substituted cation of the plain-error doctrine was con- used neither method for perfecting the for an official notice of deficiencies from trary to United States Supreme Court appellate court’s jurisdiction, the Court of the court clerk.”42 Thus, the Court con- precedent.24 Concluding that the confu- Appeals dismissed the appeal. cluded that the dismissal was premature sion in the Court of Appeals’ precedent Adams v. Mississippi State Oil & absent a second Rule 2(a)(2) notice of meant that the Court’s finding of error Gas Board, 80 So.3d 869 (Miss. App. deficiency, and reversed. could not be “plain,”25 Judge Roberts also 2012) would have held that the Court of Appeals Wade v. Mississippi Real Estate Continued on next page

The Mississippi Lawyer Spring 2013 23 Making a List, Checking it Twice: The Mississippi Rules of Appellate Procedure

Butler v. Dolgencorp, Inc., 2011- party must correct any deficiencies with- time provided meant that “the appeal may WC-00808-COA (Miss. App. Dec. 4, in fourteen days to avoid dismissal by the be dismissed on motion of appellee.”52 2012): This case represents the outside clerk.”47 Because the circuit court had Thus, the prescribed procedure, as illus- limits of an appellant’s ability to recover ruled on the merits, affirming the trated by this case, for dismissing an from a timing error through Rule 2(a)(2). Commission’s decision, the protection appeal for failure to prosecute, is as fol- In this case, the circuit court granted an from dismissal provided by Rule 2(a)(2) lows: appellant an additional sixty days to file a was irrelevant. 1) The trial court clerk files the record brief, then ruled on the merits, affirming Thadison v. Universal Lighting on appeal with the appropriate the Worker’s Compensation Commis- Technologies, 77 So.3d 551 (Miss. App. appellate court.53 sion’s decision.43 The appellant argued 2012): This case outlines the proper pro- 54 that before any decision was rendered, she cedure for dismissing an appeal for fail- 2) Forty days pass. should have been sent a notice of defi- ure to prosecute. The Lincoln County 3) The appellate court clerk issues a ciency and afforded fourteen additional Circuit Court dismissed this appeal from notice of deficiency describing the days.44 The Court of Appeals affirmed. the Worker’s Compensation Commission, appellant’s failure to comply with The record indicated that the appellant and the Court of Appeals affirmed.48 The the Rules of Appellate Procedure.55 had received a Rule 2(a)(2) notice of defi- circuit clerk had issued a Rule 2(a)(2) 4) Fourteen days pass.56 ciency regarding her failure to file a notice of deficiency for failure to file an brief.45 The Court of Appeals ruled that appellant’s brief ninety-two days after the 5) Either the clerk dismisses the the appellant was not entitled to a second record was filed.49 Twenty days later, the appeal, or the court dismisses the 57 notice of deficiency on the same deficien- appellee filed a motion to dismiss.50 appeal on appellee’s motion. cy.46 More importantly, the Court of Forty-two days after that, the appellant There is a potential problem in these Appeals ruled that “Rule 2(a)(2) does not finally filed their brief.51 The circuit court cases, in that they do not appear to fully state that the circuit court must wait four- dismissed, and the Court of Appeals harmonize the penalty for failure to pros- teen days before deciding the case on the affirmed, holding that Rule 31(d) provid- ecute under Rule 31(d) with the process merits; it simply states that the defaulting ed that the failure to file a brief within the for a clerk’s dismissal under Rule 2(a)(2).

24 Spring 2013 The Mississippi Lawyer Making a List, Checking it Twice: The Mississippi Rules of Appellate Procedure

In fact, Blackwell explicitly stated that a checklists handy.” Failing to touch a par- 27 Cuevas, 86 So.3d at 939-40. motion to dismiss for failure to file a brief ticular base can lead to dismissal of your 28 Id. at 940. cannot replace the process under Rule appeal, or can lead to a reversal for failure 29 Id. at 941-42 (Roberts, J., dissenting). 2(a)(2), which appears to read out the to provide appropriate procedural safe- 30 Deutsche Bank, 81 So.3d at 279. Rule 31(d) penalty.58 The case quoted in guards. Make sure that every requirement 31 Id. at 280. Blackwell did not address the issue of of the Rules is complied with, and your 32 Id. at 281 (Carlton, J., dissenting). Rule 31(d)’s penalties for failure to file a clients are much more likely to receive 33 Adams, 80 So.3d at 870. brief, but instead dealt with a failure to favorable results on appeal. Hiring a ded- 34 Id. at 872-73. designate a record on appeal under Rule icated appellate counsel will certainly 35 Id. at 873. 59 11(b)(1). At some point, the Supreme help with this, but simple attention to 36 Wade, No. 2011-CC-01484-COA, at ¶ 2. Court will have to resolve this.60 detail will usually suffice. ■ 37 Id. at ¶¶ 3-4. Balius v. Gaines, 2010-CP-01243- ______38 Id. at/ ¶ COA (August 7, 2012):61 The Court of 1 Matthew Reid Krell practices law in Southaven, 39 Blackwell, 2010-WC-01516-COA, at ¶ 4. Appeals awarded attorney’s fees under specializing in appeals, labor and employment Rule 38, providing for fee awards in friv- law, and alternative dispute resolution. He is a 40 Id. at ¶¶ 4-5. olous appeals, where an appellant alleged member of Temple Israel synagogue in 41 Id. at ¶ 5. Memphis, where he serves as a volunteer CLE that a chancellor had abused their discre- 42 Id. at ¶ 11 (internal citations and quotations coordinator. Reid lives in Horn Lake with the omitted). tion when he refused to recuse himself.62 two cats, Titus and Lavinia, who run the house 43 Butler, 2011-WC-00808-COA, at ¶ 8. The only problem was that the chancellor and deign to let him pay the bills. had recused months before the appeal was 2 Thadison v. Univ. Lighting Tech., 77 So.3d 551, 44 Id. at ¶ 20. filed, and the appellant did not challenge 553 (Miss. App. 2012). 45 Id. at ¶ 8. the adverse ruling they received from the 3 Adams v. Miss. State Oil & Gas Bd., 80 So.3d 46 See id. at ¶ 20 (“Additionally, even if 63 869, 870 (Miss. App. 2012). [Appellant] was entitled to fourteen days under replacement chancellor. In addition, the Rule 2(a)(2), she failed to file a brief within 64 4 The Court entered two amending orders, hence chancellor had warned the appellant that the two effective dates. fourteen days after she received notice.”). their conduct was potentially sanction- 5 In re: Mississippi Rules of Appellate Procedure, 47 Id. 65 able. Thus, even though the appellant No. 89-R-99027-SCT (Miss. June 13, 2012). 48 Thadison, 77 So.3d at 552. was pro se, the Court found that they had 6 Id. 49 Id. at 553; see also Miss. R. App. P. 31(b) (serv- sufficient notice to know that their con- 7 Miss. R. App. P. 17(f) (amended 2012). ice and filing of appellant’s brief is required duct was sanctionable, and were not pro- “within forty days after the date the record is 8 In re: Mississippi Rules of Appellate Procedure, filed.”) tected by the Litigation Accountability note 5 supra (emphasis added). 66 50 Thadison, 77 So.3d at 553. Act’s saving clause for pro se litigants. 9 Miss. R. App. P. 17(f). 51 Id. Therefore, the appellant “clearly knew 10 It also made technical changes to Rules 22, 29, that [their] appeal was without substantial 31, and 32. 52 Id. (quoting Miss. R. App. P. 31(d)). justification,”67 and the Court of Appeals 11 In re: Mississippi Rules of Appellate Procedure, 53 Miss. R. App. P. 11(c). awarded attorney’s fees. No. 89-R-99027-SCT (July 24, 2012). 54 Miss. R. App. P. 31(b). 12 Id. 55 Miss. R. App. P. 2(a)(2). Conclusion 13 Id. 56 Id. 2012 was a year where the courts 14 Id. 57 Miss. R. App. P. 31(d). appear to have greatly clarified timing 15 Id. 58 Blackwell, note 39 supra, at ¶ 11 (quoting Va n issues under the Rules of Appellate 16 Search replication method: Search Google Meter v. Alford, 774 So.2d 430, 432 (Miss. Procedure. In addition, they reaffirmed Scholar for “Mississippi Rules of Appellate 2000)). the principle that circuit judges, chancel- Procedure,” limited by date to 2012 only, limit- 59 Van Meter v. Alford, 774 So.2d 430, 432 (Miss. ed by court to Mississippi courts only. Thirty- 2000). lors, and clerks must know the Rules of one results returned, two being the orders Appellate Procedure for those cases 60 The Supreme Court denied certiorari in amending the Rules. Remaining cases reviewed Blackwell on September 19, 2012. Blackwell, where they sit as intermediate appellate by author for saliency. Any errors that remain 2010-CT-01516-SCT (Sept. 19, 2012). are my own. courts. Attorneys should be prepared to 61 The author notes that this case came down on bring that issue to the attention of judges 17 Driver Pipeline, at ¶¶ 6-7; compare Miss. R. his twenty-ninth birthday. This doesn’t really and clerks when it is necessary. In addi- App. P. 4(a) and Miss. R. App. P. 5(a). mean anything, but he likes his birthday. tion, while Rule 2(a)(2) provides signifi- 18 Id. at ¶¶ 7-8. 62 Balius, 2010-CP-01243-COA, at ¶ 9. cant protection from dismissal for failure 19 5K Farms, at ¶ 1. 63 Id. at ¶¶ 9-11. to prosecute, that protection is not 20 Id. at ¶¶ 24-27. 64 And the replacement chancellor. absolute, and certain processes will cut 21 Id. at ¶ 30. 65 Balius, note , at ¶ 11. off further review notwithstanding the 22 Miss. R. App. P. 28(a)(3). failure to comply with Rule 2(a)(2). 23 Ladd, 87 So.3d at 1113-14. Ultimately, the major lesson to take from 24 Id. at 1119. 2012, with regard to the Rules of 25 Id. at 1119-20. Appellate Procedure, has to be “keep your 26 Id. at 1120.

The Mississippi Lawyer Spring 2013 25 How to be Your Own Appellate Counsel at Trial

ppellate lawyers will tell you that many cases justify the extra cost of having an appellate lawyer involved long before a Anotice of appeal is filed. And they are right. But trial lawyers have zone-avoiding-problems-during- been trying cases without appellate jury-selection-in-the-age-of-bat- lawyers for a long time, and it remains son/. At an absolute minimum, trial true that many cases don’t justify the extra counsel should keep notes on, and cost. Having said that, it is equally true be prepared to explain, the thinking that any case worth taking to trial that jus- and motivation behind each of her tifies a little forethought about a possible peremptory challenges. appeal. What follows is a list of com- monly overlooked trial matters that can • Jury selection (continued): In order make or break an appeal. to challenge on appeal a trial court’s refusal to strike a juror for cause, • The pretrial order: Most federal pre- you should, in addition to objecting: trial orders contain a recitation that (1) use a peremptory challenge on the pleadings are amended “to con- that juror; (2) use up all of your other form with” the pretrial order. This is peremptory challenges; and (3) iden- not mere boilerplate. Any claim or tify for the record the other juror on defense omitted from the pretrial whom you would have used that order is no longer a part of the case, peremptory, and why. This excellent regardless of how often, or well, it point is just one of many in an excel- was pled. Conversely, any claim or lent article, T. Crooks, “Preserving defense in the pretrial order is now in Error in Federal Court: Making Sure the case, regardless of whether it was You Get Your Second Chance on ever previously pled. If the pretrial Appeal,” on the web at http://www. order’s statement of issues is unsatis- 1215.org/lawnotes/lawnotes/pre- factory to you, you need to make a serv2.htm record of that fact, preferably in the • In limine motions: An in limine order itself. motion may not be sufficient by itself to preserve error. If your • Jury selection: Trial counsel needs motion is denied, you should renew to have at least a passing familiarity your objection to the evidence or with Batson, which addresses the argument that was the subject of that frequently-encountered issue of motion at the time that the evidence peremptory strikes that are, or are is offered, or the argument made. alleged to be, racially motivated. An excellent article is S. Overland’s “Let the record reflect”: There are all “The Shrinking Strike Zone: sorts of things that go on at trial, which Avoiding Problems During Jury might be grounds for appeal, that your Selection in the Age of Batson,” on Court Reporter is not obliged to take By Bob Frey1 the web at http://www.thejuryexpert down. Discussions in chambers; and, in .com/2010/05/the-shrinking-strike- some courtrooms, bench conferences,

26 Spring 2013 The Mississippi Lawyer How to be Your Own Appellate Counsel at Trial voir dire, opening statement, the charge to Trial by consent: There are often object, the Judge may later find that the the jury, and/or closing argument. If any- good strategic reasons to refrain from irrelevant evidence had the effect of plac- thing is said during the course of a trial ing a new issue before the jury, and that that you may want to mention on appeal, your failure to object amounted to trial of you must, when back on the record, The appellate court will the new issue by consent.” describe for the record what was said. ordinarily not consider grounds Offering and proffering: Keep a list You don’t have to use the pompous- for objection, however of your exhibits, and periodically check to sounding phrase “Let the record reflect,” be sure that you have seen to it that each but you do have to get it in the record. meritorious, that were not one was marked and received by the Likewise, when a deposition is read to the mentioned at trial. Clerk; that each one was offered; and that Jury, many Court Reporters will simply each one was either admitted or refused record “Deposition of Smith read to the by the Judge. Also, know, in advance, the Jury.” The best course here is to offer the objecting to irrelevant evidence. Be law in your jurisdiction about proffers of transcript of the Smith deposition; unless aware, however, that if the other side you do so, the appellate court will have no offers irrelevant evidence, and you don’t Continued on next page idea what the Jury heard from witness Smith. “Let the record reflect” (continued): The same is true of things other than words: the fact that one juror is sleeping, and another is texting; the fact that con- struction next door is making it difficult BUILDING ON 50 YEARS for some of the jurors to hear the witness; OF SERVICE TO THE the fact that a member of the audience LEGAL COMMUNITY. appears to be signaling one of the jurors; the possibilities are endless. You must ask the Judge for appropriate relief, and, when doing so, describe the problem for the record in reasonable detail.

• Opening statement: Everyone knows that, ordinarily, you must make a contemporaneous objection to any- thing – argument, evidence, proce- dure, or anything else – if you want to be able to complain about it on appeal. Yet there are countless appellate decisions refusing to reverse for improper argument on the simple ground that no contempo- The ABA RETIREMENT FUNDS PROGRAM is proud raneous objection was made. Either to celebrate its 50th year of providing comprehensive appellate lawyers are complaining, and affordable retirement plans exclusively to the legal on appeal, about arguments that real- community. Your membership has made the Program a ly weren’t objectionable, or trial success. Thank You. Find out what thousands of Program lawyers are overly reluctant to inter- member firms already know about saving for retirement. rupt opening statements and closing arguments. If the fear is that the Call an ABA Retirement Funds Program Regional Representative today! Judge will be displeased, find a cou- (866) 812-1510 I www.abaretirement.com I [email protected] ple of cases in advance, one on what kind of argument is improper, and one in which lack of objection doomed the appellate point, have them handy, and use them to show The Program is available through The Mississippi Bar as a member benefit. This communication shall not constitute an offer to sell or the solicitation of an offer the Judge, politely, that your objec- to buy, or a request of the recipient to indicate an interest in, and is not a recommendation of any security. tion was well-founded and neces- Securities offered through ING Financial Advisers, LLC (Member SIPC). The ABA Retirement Funds Program and ING Financial Advisers, LLC, are separate, unaffiliated companies and are not responsible for one another’s products sary. and services. CN0311-8581-0415

The Mississippi Lawyer Spring 2013 27 How to be Your Own Appellate Counsel at Trial testimony: must it be word for word, from ney questioned a witness “about The form of the verdict: Be aware of the witness? Or will a summary of the [Defendant’s] statements concerning the the “two issue” problem. Briefly stated, anticipated testimony, given by the children’s need for ‘psychiatric care.’” how should an appellate court rule where lawyer, suffice? If you rely on the latter, Rather than object to relevance, the State the case went to the jury on two or more be certain that you describe the anticipat- waited for re-direct, and was able to elic- theories of liability; the jury returned a ed testimony fully and completely for the it testimony suggesting that Defendant general verdict; and at least one, but not record. all, of the theories that went to the jury Objections: Everyone knows that could not properly support a judgment? these must be contemporaneous, and spe- Reverse, because the verdict might have cific. The appellate court will ordinarily “Opening the door”: been on the defective theory? Or affirm, not consider grounds for objection, how- because the verdict just as easily might ever meritorious, that were not mentioned The cases on this subject have been on the non-defective theory? If at trial. To this we add only: (a) make sure are remarkably robust. the law in your jurisdiction is the latter, that the Judge rules (remarkably, some and you are representing the defendant, Judges avoid doing so when possible); That is to say, appellate you will almost certainly want to ask for and (b) better late than never. If you courts routinely affirm special interrogatories. See generally T.R. failed to make a contemporaneous objec- Gunn & C. T. Cone, “The Two-Issue Rule tion, make one as soon as it occurs to you. trial judges who admitted and Itemized Verdicts,” on the web at The contemporaneous-objection rule is https://www.floridabar.org/divcom/jn designed to give the trial judge a fair evidence that would have /jnjournal01.nsf/Author/71CFE3FD0F06 opportunity to do right, and there will be been irrelevant but for 364385256ADB005D6316. Special inter- circumstances when she can do this after rogatories are also required, in at least the fact. the fact that the other some jurisdictions, for the application of Requests for curative instructions: side had previously caps on non-economic damages, and per- Appellate courts, taken as a whole, seem haps in other instances as well. You may to have great faith in the power of cura- “opened the door.” not get them, but you must at least ask for tive instructions – greater, at any rate, them, on the record, specifying exactly than most trial lawyers probably have. If how you would have them worded. you simply ask for “a curative instruc- When the big case comes along, by all tion,” or make some other similarly non- was guilty of molesting yet another child. means get an appellate lawyer on the specific request, you may get an instruc- Defendant complained on appeal, but the team, the sooner the better. But for the tion, but it may be a mush-milk instruc- Court dismissed the point. The other cases, a little advance thought about tion. It won’t do you any good at trial, but Defendant had, said the Crenshaw court, an appeal will be well worth your time. ■ the appellate court may hold that it did. If “opened the door,” and the other side was ______you really need an instruction, you need a entitled to explore the point. Id. at 133. 1 Bob is an appellate lawyer and commercial litiga- strong one. You need an instruction that Keep a copy of Crenshaw in your trial tor in the Ridgeland office of Butler Snow you drafted. Ask the Judge for a short notebook, and use it to explain why the O’Mara Stevens & Cannada, PLLC. A 1984 grad- recess, if necessary, to hammer out the Judge should admit your otherwise-irrel- uate of Vanderbilt Law school, his appellate cases include Double Quick, Inc. v. Lymas, 50 So. 3d wording. And if the Judge doesn’t give evant rebuttal evidence. 292 (Miss. 2010) (premises liability) (reversing your suggested instruction, politely make The charge to the Jury: You spent judgment entered on $4m jury verdict); U-Save a record of it. hours in the charge conference, speci- Auto Rental of Am. Inc. v. Furlo, 2010 U.S. App. “Opening the door”: The cases on this fically objecting to the other side’s erro- LEXIS 4955 (5th Cir.) (franchise agreement) (affirming defense judgment for attorney’s fees subject are remarkably robust. That is to neous instructions, tendering your correct entered on arbitration award); Jordan v. say, appellate courts routinely affirm trial instructions, and getting rulings on all of Burlington N. Santa Fe R.R. Co., 2009 Tenn. App. judges who admitted evidence that would your points. Well and good. But you LEXIS 8, cert. den., 2010 U.S. LEXIS 3472 have been irrelevant but for the fact that can’t relax during the actual reading of (FELA) (affirming judgment entered on $4m jury the other side had previously “opened the the charge. You should instead have, in verdict). door.” So, for example, in Crenshaw v. hand, a copy of the instructions in pre- State, 520 So. 2d 131 (Miss. 1988), a cisely the form that the Judge has stated child molestation case, the defense he plans to use. Silently read along with “attempted to show that his actions the Judge, word for word. If the Judge toward [the victim] and her sisters were has added anything, or left anything out, taken out of concern that they were and if you conclude that the variation is becoming sexually advanced due to their material, you must speak up before the parents lack of responsibility, and as a Jury retires. In so doing, state for the result the children needed psychiatric record precisely how the as-given charge care.” In support of this theory, his attor- varied from the written version.

28 Spring 2013 The Mississippi Lawyer The Appellate Practice Section – the “newbie of the State Bar”

he Appellate Practice Section was formed to “promote the skill- ful, efficient, and effective practice of appellate law and oral Tadvocacy before our state and federal courts.” As frequently described by René Garner, The other officers and executive commit- the “newbie of the State Bar” will host its tee members of the Section, who also act first annual meeting Friday, July 12, at as liaisons to the Committees are Michael 10:15 a.m., at the 2013 State Bar Bentley, Vice-Chair; David McCarty, Convention. Secretary; and Todd Butler, Amy Honorable Carl Stewart of Shreveport, Champagne, and Margaret Cupples, Louisiana, recently invested Chief Judge Executive Committee members. of the United States Court of Appeals for Over 40 practitioners attended the the Fifth Circuit, will be the Section’s April 5 event, with Michael Bentley adept- keynote speaker for the July 12 meeting. ly moderating the day-long program. Chief Judge Stewart’s address about Fifth Besides those members of the state judici- Circuit appellate practice will be a fitting ary who participated, the other speakers trative agencies, to criminal and post-con- complement to the Section’s first program and their topics were: Margaret Cupples – viction appeals, is encouraged to join this on April 5, where Justices Ann Lamar and effective appellate briefs; Jeffrey A. Section, which is open to all members of Leslie King of the State Supreme Court Klingfuss – legal ethics; George Luter - the State Bar. Annual dues are only $15 and Chief Judge Joe Lee and Judge James administrative appeals; Luther Munford - and your State Bar annual statement will Maxwell of the State Court of Appeals state and federal appellate jurisdiction; have a check-the-box option for joining. offered their insights about state appellate Bill Purdy – how not to argue an appeal; We hope that you will take be able to come practice. and Honorable Vikram Chandhok – the to Sandestin and listen on July 12 to Chief Since its formation, the Section, sup- Settlement Conference Program for the Judge Stewart of the Fifth Circuit, who ported by the good cheer, dry wit, and U.S. Fifth Circuit Court of Appeals. The spoke to the Capital Area Bar Association unflagging efforts of René Garner of the program was held at the State Supreme several years ago and is an engaging pub- State Bar, has been extremely active. In Court Building, with Chief Judge Lee lic speaker and learn more about the work addition to its April 5 program, which was leading an instructive tour of the appellate of the Section during the past year. ■ ably organized by David Bridges, Chair of court’s new facilities. The State Supreme the CLE planning committee, the Section Court’s building is named in honor of ______has several other committees that are Carroll Gartin, a former Lieutenant 1 John C. Henegan is Chair of the Appellate Practice addressing a full menu of subjects and Governor who passed away in 1966 in the Section of the State Bar. In 1976-1977, he was a law clerk to Honorable Charles Clark, Circuit services. midst of a distinguished career of public Judge of the United States Court of Appeals for the These other committees and their service to the State. Fifth Circuit, before its division into the Fifth and chairs are: Administrative Agency The role of the appellate lawyer is to Eleventh Circuits, and in 1981-1984, he was Chief Appellate Practice - George Luter; Civil take a trial court’s interlocutory order or of Staff to Honorable William F. Winter, Governor of Mississippi. John is a member of Butler, Snow, Appellate Practice - Brad Clanton; final judgment or an administrative O’Mara, Stevens, & Cannada PLLC, which he Criminal Appellate Practice - Justin Cook; agency’s order, explain what led to the rul- joined in 1984, and he is in its Appellate and Appellate Rules Study - Luther Munford; ing, and argue why it should be upheld or Commercial Litigation Practice Groups. Membership - Collins Wohner; Pro Bono reversed, and to do so in a clear, concise Appellate Practice - Will Bardwell; State and cogent way. Anyone interested in any By John C. Henegan1 Law School Appellate Practice - Scotty aspect of appellate work - from civil Welch; and Publications - Becky Hawkins. appeals, including appeals from adminis-

The Mississippi Lawyer Spring 2013 29 Fulfilling the Need for Legislative History: The Legislative History Project Introduction he recent 2012 session of the Mississippi Legislature saw many hot topics debated on the floor of the House and Senate. Many of those hot topics such as the requirement that abortion doctors seek admitting privileges at a local Thospital ended up being litigated.

As the 2013 legislative session moves for- islative history may go through numerous ward, it is likely even more pieces of legis- changes throughout the entire process, but, lation will end up in court. When legisla- generally, one interested in the history of a tion ends up in court, it is beneficial to the federal statute may access these materials legal community to have resources avail- either online themselves or with the assis- able that shed light on the intent behind the tance of a law librarian. Locating these legislation. However, Mississippians face items for an individual state, however, is an a lack of available resources. In an effort entirely different matter. to remedy this situation, the Mississippi The four major sources of federal leg- College Law Library has created the islative history cannot be adequately and Legislative History Project which is the efficiently applied to the several states, subject of this article. especially the state of Mississippi. Well- respected legal research scholar William I. Lack of Legislative History Manz goes so far as to definitively say it Materials in Mississippi “is not … possible to determine legislative intent from the available documents” pro- “Does not exist.”2 “Much less adequate vided by the Mississippi Legislature.6 This … frustrating.”3 “Difficult or impossible is the case for many reasons. Legislative to find.”4 “Not easy.”5 This is just a sam- debates are not preserved. The House and pling of descriptions legal research schol- Senate Journals only contain information ars have used in referring to any attempt at related to attendance, votes, and language locating legislative history materials of of offered bills and amendments. With state statutes. Each state varies widely in these limitations, Mississippians may the materials it provides in the paper trail research legislative history in a piecemeal of legislative documents that constitute fashion, with the potential value of legisla- legislative history so what may work in tive intent lost. one state normally will not work in anoth- Anyone with an internet connection er. may access the individual bills introduced Those unfamiliar with state specific in the Mississippi Legislature. All intro- legal research may find this surprising duced measures, as well as any amend- given the wealth of information provided ments, are posted on the Legislature’s Web on the federal level. First year law students site, going as far back as the 1997 Regular are generally taught the four major sources Session. While the print editions of the of federal legislative history as being indi- House and Senate Journals are considered By Stephen Parks vidual bills, committee hearings, floor to “contain the complete history of bills of and Jay Liles1 debates, and committee reports and how to their respective houses,” they provide fair- locate them. Each source of federal leg- ly little.7 Listing by date of consideration

30 Spring 2013 The Mississippi Lawyer Fulfilling the Need for Legislative History: The Legislative History Project the measure number, its short title, all While the major sources of federal to provide such a resource. The Library action taken, and any vote total, the legislative history are easily obtained worked to create a prototype Web site Journals provide nothing further into any online or through a law library, a citizen of throughout the spring and summer of 2012 insight as to what might be the intent Mississippi is unable to apply the same as the Legislature met for its Regular behind any piece of legislation. process of compiling legislative history Session. Recording the live feed each day, Committee hearings of the Mississippi documents on a state level. The state the Library staff then segmented each Legislature are not recorded or broadcast Legislature of Mississippi would do well video into individual clips that have been live via webcast. If one wishes to be to examine the lack of materials available associated with an individual bill or reso- informed of what occurs in a committee to librarians, legal practitioners, and the lution. The end result is a free Web site hearing it would be necessary to attend the general citizenry wishing to examine the where an individual may access videos of hearing in person. On the federal level, legislative history of the numerous items debate on individual bills utilizing various committee hearings generally consist of signed into law each year. search functions. the testimony and statements of experts To use the Project, an individual may and other interested parties that are typi- II. Introducing the Legislative simply access the Web site at cally reduced to writing and made avail- History Project law.mc.edu/legislature. The Library is able to the public. However, Missis- proud of the hard work put into connecting sippians are unable to access any similar The live video feed provided by the video clips to individual bills as this materials from their state legislatures. Mississippi Legislature is indeed benefi- option is not offered by any other state leg- Floor debate is one aspect of legisla- cial. It is a vast improvement over having islative video archive. The Project cur- tive history Mississippians may access. no live video feed at all. However, live rently has two methods of searching for However, they must access it by watching feed without the availably of an archive individual bill clips. the floor debate live either in the galleries cannot meet the needs of today’s busy cit- The first method of searching for an of the House and Senate or via live web- izens. Not everyone has the time to access individual bill or resolution is by selecting cast. The Legislature at this time does not the Legislature’s Web site each day at the the “Full Bill Listing” under either the archive any recordings of floor debates. appointed hour and watch the day’s pro- 2012 or 2013 Session. The Full Bill By providing no archive or written record ceedings of the House or Senate. It is also Listing provides users a listing of all bills the Mississippi Legislature does a disserv- difficult for those in the legal and library debated on the House and Senate floor ice to its citizens who are unable to wit- fields to look back at actions already taken with which the Project has available video. ness the live debate. As a tool of legisla- in an effort to derive some sense of intent The list provides the bill number, the bill’s tive history, floor debate is not the most behind legislative action with the lack of short title, and the bill’s principal author. definitive source as members may amend materials available as already discussed. To view the videos for any particular bill, or supplement their words and actions at a The Legislature appears in no hurry to the user can simply click on the bill num- later time. However, floor debate does correct this by way of an archive whereby ber. Once on the page of the bill, the user offer citizens a window into the actions of Mississippians could access video of the is provided with all videos associated with their government, and the state of Legislature’s daily proceedings. The Mis- that bill. Videos may include initial debate Mississippi is to be commended for at sissippi College Law Library has decided Continued on next page least providing its citizens a live webcast. The fourth major source of federal leg- islative history, the Committee Report, is “generally considered to be the most authoritative” of all legislative history documents.8 On the federal level, a com- mittee report usually contains the commit- tee’s reasons for recommending the bill to the full Legislature for passage. The report may also provide a section-by-sec- tion analysis of the bill and the views of any dissenting committee members. Applied to the Mississippi Legislature, however, the committee report is nothing more than a description of textual changes made to bills. Neither the views of com- mittee members nor an analysis of the bill and its intent is provided. Furthermore, the Mississippi Legislature only issues Image: Once inside the full bill listing, a user may access the videos of a certain bill by committee reports from conference com- clicking on the bill number and may access the author’s legislative page by clicking on mittees. the author’s name.

The Mississippi Lawyer Spring 2013 31 Fulfilling the Need for Legislative History: The Legislative History Project

and votes, motions to reconsider, adoption of committee reports, etc. If any action was taken on the floor of the House and Senate on an individual bill, video will be found in the Library’s archive so long as its recording software captured that day’s proceedings. Also provided on this page is a link to the Legislature’s bill history page where the user may access the his- torical summary of the bill as well as the text of the bill and any amendments and committee substitutes. The second method of searching for videos allows users to key in certain search categories for a narrower listing of Image: On the bill search page here, the word “tax” has been typed into the description bills. Rather than having to scroll through box to retrieve only bills and videos pertaining to “tax.” a list of all bills for the entire 2012 or 2013 Regular Session, the user may simply search using keywords. The first category to search by is the bill number itself. From a dropdown menu, the user may select the abbreviation of the measure and then type in a number. The second cate- gory to search by is principal author. A search using this category will retrieve all bills with videos authored by the individ- ual’s name. The third and final search cat- egory is the bill description. The descrip- tion field searches the short titles of all bills for any keyword the user inputs. After performing a search, the user can then move forward to an individual bill’s page where he or she may access the videos as well as the Legislature’s page of Image: A search for “tax” in the bill description box yields these results. Here, the user historical summary and bill text. of the Project can then click on the bill number to access further information on the bill The Library’s Project is set up this way as well as all videos. for many reasons. Most people will not wish to sit and view a full day video of House or Senate debate. Recognizing this fact, the Library has made it easier for the individual wishing to view video of debate only on certain bills. Tying each individ- ual video clip to a bill along with links to the bill’s history, the Library has simpli- fied the process for the user and has placed this important aspect of govern- ment information at the user’s fingertips.

Conclusion

The Law Library has begun to announce the availability of the Legislative History Project to the public. This Project will be one-of-a-kind as no Image: Once on an individual bill’s page, the user may then access the Legislature’s his- other state legislative archive segments tory page by clicking on “Full Bill History Link” and may watch all videos that have been daily recordings into small clips attached associated with that individual bill. to the numerous bills debated throughout

32 Spring 2013 The Mississippi Lawyer Fulfilling the Need for Legislative History: The Legislative History Project the legislative session. Admittedly the LITIGATION & MEDIATION SUPPORT state of Mississippi could provide its own archive of full day videos with greater ON REAL ESTATE ISSUES technology and usability like other states have done. However, the state has yet to do so. The Mississippi College Law Library is willing to step in and provide this service. ■ ______1 Stephen Parks is the Research, Instructional Real Estate Appraisers & Mediation Consultants Services and Circulation Librarian at the 100 Years Combined Experience Mississippi College Law Library and is a member of The Mississippi Bar. Jay Liles is a second year law student at MS College Law School. Joe W. Parker, MAI, CRE Curtis A. Gentry, IV, MAI 2 Harry Bitner & Miles Price, Effective Legal Edward W. Dinan, MAI, CRE Elizabeth S. West, MAI, CRE Research 73 (3d ed. 1969). J. Neil Parker 3 Morris Cohen, Robert Berring & Kent Olson, How to Find the Law 257 (9th ed. 1989). Services: Litigation Support, Expert Witness, Legal Strategy, Mediation and 4 Morris Cohen & Kent Olson, Legal Research 217 Mediation Support, Appraisals, Acquisition, Disposition, Arbitration, (8th ed. 2000). Alternative Dispute Resolution, Asset Management, Strategic Positioning, 5 Christina Kunz Et Al., The Process of Legal Corporate Real Estate, Eminent Domain, Environmental, Government (State, Research 259 (6th ed. 2004). Municipal, Federal), Investment Strategy, Investment Management, Market 6 William H. Manz, Guide to State Legislation, Legislative History, and Administrative Materials Studies, Site Location, Conservation Easements, Feasibility Analysis 220 (7th ed. 2008). 641 Lakeland East Drive, Jackson, MS 39232 7 Lynn Hellebust & Kristen Hellebust, State 660 Katherine Drive, Jackson, MS 39232 Legislative Sourcebook 286 (2012). 601-664-2422601-664-2422 1-800-759-1849 1-800-759-1849 Fax 601-664-1605 8 Amy Sloan, Basic Legal Research 223 (5th ed. Fax 601-66401605 2012). www.appraisalresearch.net

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The Mississippi Lawyer Spring 2013 33 Mississippi Rules Annotated

recently published by the Litigation Section of

and T HE M ISSISSIPPI B AR

PROCEDURAL RULES EVIDENCE RULES RULES OF APPELLATE PROCEDURE

Mississippi Rules Annotated is the most comprehensive compilation of case annotations for the civil procedure, evi- dence and appellate court rules available on the market. Annotations are arranged topically, making it easier to pin- point cases that discuss a particular portion of a rule. Cost: $135.00 plus shipping and handling per book. If you are in the Jackson area, you may save the shipping and han- dling fee by picking up copies at MLi Press, 151 E. Griffith Street in Jackson. If you are a member of the Litigation/General Practice Section of The Mississippi Bar, you will receive a $15.00 dis- count, and your book will cost $120.00 plus shipping and handling.

Mississippi Rules Annotated Order Form Name ______Firm ______Street Address ______MAIL PICK-UP City ______State ____ Zip ______Mail request and check Purchase your book at to: the Mississippi College Telephone______Fax ______MLi Press School of Law P. O. Box 1127 151 E. Griffith St. E-mail ______Jackson, MS 39205 Jackson, MS 39201 (save the S&H fee) ❑ Enclosed is my check. ______copies @ $135.00/book = $______Make check payable to (MS Bar Litigation/General Practice members only pay $120.00/book.) MLi Press Plus shipping & handling +______$10 for 1 book $15 for 2-4 books ❑ $22 for 5-10 books Charge my order to: $40 for 11-20 books Total = $______❑ Visa ❑ MasterCard Mail to: FAX INTERNET Account No. MS Rules Annotated Fax request to MLi Press at: Order on-line: Exp. Date Security Code P.O. Box 1127 601-925-7114 www.law.mc.edu/publications Jackson, MS 39201 Signature or Fax: 601-925-7114

Mississippi Students Grades K-12 Celebrated

Kinderga rten – Second Place Blake Ramos Waveland Elementary Kinderga rten – First Place Meredith Mauffray Waveland Elementary

Law Day was May 1, and this year The Mississippi Bar conducted its’ annual statewide Law Day Art Contest. Flyers were sent to every public and private school (K-12) in Mississippi. The Bar received over 700 entries from 28 differ- ent schools in 18 counties. First, second and third place were awarded at each school and then the judges chose a first and second place from each grade for statewide winners. There were also First Grade – First Place Division Winners and an Overall Best in Emma Constant Show. Winning students from each First Grade – Second Place Waveland Elementary school received certificates, and overall Amber Asher winners’ work was on display at the Highland Bluff Elementary Mississippi State Capitol Building during Law Week April 29th-May3rd and show- cased in this issue of The Mississippi Lawyer magazine. Congratulations to all the students for their great work!

Second Grade – First Place Second Grade – Second Place Kaleaha Dailey Nathan Werne Waveland Elementary Christ Covenant School

36 Spring 2013 The Mississippi Lawyer Law Week 2013 Through an Art Contest

Third Grade – Second Place Pablo Lopez Third Grade – First Place Waynesboro Elementary School Sadie Pohl North Bay Elementary

Fourth Grade – First Place Keegan Pickering Fifth Grade – First Place Seminary Elementary Amanda F. Barnett Marshall Academy Overall Division Winner Grades 1st-6th

Fourth Grade – Second Place Sarah Margaret Wilder Clinton Christian Academy

Fifth Grade – Second Place Sixth Grade – First Place Kaylee Collins Peyton Stephenson East Rankin Academy Marshall Academy

The Mississippi Lawyer Spring 2013 37 The Theme for Law Day 2013 was

Sixth Grade – Second Place Alyx Caylee Oliver Petal Upper Elementary

Sixth Grade – Honorable Mention Hannah Whitney East Rankin Academy

Sixth Grade – Honorable Mention Marcus Herron Powell Middle School Seventh Grade – First Place Avery Merritt Clinton Christian Academy Seventh Grade – Second Place Daley Bell Bay Waveland Middle School

Ninth Grade – First Place Eighth Grade – First Place Eighth Grade – Second Place Katie Maddox Kaylila Pasha Stephen Fowler Clinton Christian Academy Lamar M/H School Madison-Ridgeland Academy Overall Division Winner Grades 7th-9th

38 Spring 2013 The Mississippi Lawyer “Realizing the Dream: Equality for All”

Tenth Grade – Second Place Evan Woods Tenth Grade – First Place Madison-Ridgeland Academy Blake Barham Ninth Grade – Second Place Lamar M/H School Melina Wilson Overall Division Winner Grades 10th-12th Saltillo High School Best in Show

Eleventh Grade – Second Place Tenth Grade – Honorable Mention Hannah Weeks Germantown High School Bria Williams Eleventh Grade – First Place Clinton Christian Academy Tracey Nguyen Perry Central High School Best Overall Drawing

Eleventh Grade – Honorable Mention Twelfth Grade – First Place Twelfth Grade – Second Place Paige Gibson Lisa Malloy Mitch Phillips Lamar M/H School Lamar M/H School Madison-Ridgeland Academy

The Mississippi Lawyer Spring 2013 39 HORNE FRAUD, FORENSIC & LITIGATION SERVICES

6KRZQFORFNZLVH IURPEDFNOHIW

Edward T. Simmons, CPA/ABV, CVA, CFE, CFF

Robert H. Alexander, CPA/ABV, ASA, CFF

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Lori T. Liddell, CPA/ABV, CFE

Paul E. Foster, CPA, CFE

Jessica R. Cormier, CPA

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© HORNE LLP 2012 Final Disciplinary Actions

Disbarments, Suspensions, Inactive being terminated and also failed to surren- also alleged a lack of communication. Disability Status and Irrevocable der client property upon his termination. Resignations The Tribunal found that Mr. Pittman had In imposing discipline, the Complaint failed to respond to each of the four (4) Tribunal also took into account that Mr. Michael J. Brown of Brandon, Informal (Bar) Complaints, despite Taylor had been the subject of prior disci- Mississippi. A Complaint Tribunal numerous demands and that he had pline, including a Public Reprimand for Disbarred Mr. Brown in Cause No. 2011- engaged in conduct prejudicial to the similar rules violations. B-885 by agreed order for violations of administration of justice. Rules 1.8(e), 1.15, 4.3, 8.1(a) and 8.4 (a), James B. Galloway of Madison, (c) and (d), MRPC. Mr. Brown was also In imposing the suspension, the Mississippi. The Supreme Court of previously disbarred in Cause No. 2012- Complaint Tribunal also took into account Mississippi accepted Mr. Galloway’s BD-540. that Mr. Pittman had been the subject of Irrevocable Resignation from the prac- prior discipline. Mr. Pittman must apply tice of law under Rule 10.5 of the Rules of Matthew D. Lansford of Ocean Springs, for reinstatement with the Supreme Court Discipline for the Mississippi State Bar Mississippi. A Complaint Tribunal under Rule 12 of the Rules of Discipline (MRD). Mr. Galloway is not eligible to Disbarred Mr. Lansford in Cause No. for the Mississippi State Bar (MRD) apply for reinstatement. 2012-B-530 for violations of Rules 1.2(a), before being eligible to return to the prac- Public Reprimands 1.3, 1.4(a), 1.5(a), 1.15(a), 1.16(d), 8.1(b) tice of law. and 8.4 (a), (c) and d), MRPC. Jeffrey Lynn Ellis of Pascagoula, S. David Pickett of Columbus, Mississippi. The Committee on Three (3) separate Informal (Bar) Mississippi. A Complaint Tribunal Professional Responsibility imposed a Complaints were filed against Mr. Suspended Mr. Pickett for six (6) months Public Reprimand in Docket No. 11- Lansford. Two of the Informal (Bar) in Cause No. 2012-B-1013 for violations 274-1 for violations of Rules 1.2, 1.3, 1.4, Complaints were filed by clients. In one, of Rules 1.2(a), 1.3, 1.4(a), 1.5(a), 1.16(a) 1.16, 8.1(b) and 8.4(a) and (d), MRPC. the client alleged that Mr. Lansford failed and (d), 8.1(b), and 8.4 (a) and (d), MRPC. to attend a hearing. In the second, the Mr. Ellis was hired by a client to handle a client alleged that he failed to pursue his Seven (7) separate Informal (Bar) personal injury action arising out of a domestic relations matter in a timely man- Complaints were filed against Mr. Pickett motor vehicle accident. The last corre- ner, which led the client to hire another by clients. Mr. Pickett had been hired to spondence the client received from Mr. attorney to handle the matter. In the third handle eight separate legal matters, four Ellis was from 2009. Mr. Ellis later Informal (Bar) Complaint, an attorney for involving bankruptcy and four divorces. moved to Pascagoula, Mississippi without an estate alleged that Mr. Lansford had Each of the Informal (Bar) Complaints informing his client. The client later con- been sent a settlement check that required alleged that Mr. Pickett had undertaken tacted Mr. Ellis to retrieve his client file, his signature and that instead of endorsing the representation, but failed to complete but Mr. Ellis did not return the client’s it and returning it as required, Mr. the work; had neglected their case; had telephone calls. After an Informal (Bar) Lansford cashed the check, converting the failed to adequately communicate; that the Complaint was filed, Mr. Ellis did not file client or third party funds to his own use. legal fees paid were unreasonable; and that a response and failed to appear at a prop- he had failed to withdraw from the repre- erly noticed Investigatory Hearing as Mr. Lansford must apply for reinstatement sentation and also failed to return client directed by the Committee on Professional with the Supreme Court under Rule 12, property. Of the seven Informal (Bar) Responsibility. MRD, before being eligible to return to the Complaints filed, Mr. Pickett failed to file practice of law. responses to all but one of them. Each of Paul Forrest Craig of Memphis, Adam Pittman of Oxford, Mississippi. these allegations was admitted by Mr. Tennessee. The Committee on A Complaint Tribunal Suspended Mr. Pickett. Professional Responsibility imposed a Public Reprimand upon a non- Pittman for one (1) year in Cause Nos. In imposing the suspension, the Mississippi attorney in Docket No. 11- 2011-B-931 and 2012-B-193 for viola- Complaint Tribunal also took into account 090-1 for violation of Rule 5.5(a), MRPC. tions of Rules 1.2(a), 1.3, 1.4, 1.5, 1.16(a) that Mr. Pickett had been the subject of and (d), 8.1(b), and 8.4 (a) and (d) of the prior discipline. Mr. Pickett must apply A client initially hired a Mississippi attor- Mississippi Rules of Professional Conduct for reinstatement with the Supreme Court ney, who is now deceased, to pursue a (MRPC). under Rule 12, MRD, before being eligible claim against a city under 42 U.S.C. Four (4) separate Informal (Bar) to return to the practice of law. §1983. This attorney associated the Labovitz Law Firm to assist with the case Complaints were filed against Mr. Pittman Stanley L. Taylor of Natchez, in October of 2006. Mr. Craig was the by clients, each alleging that Mr. Pittman Mississippi. A Complaint Tribunal responsible “attorney” at the Labovitz had started, but not completed work on Suspended Mr. Taylor for 180 days in Law Firm on the case. Mr. Craig is a their underlying legal matter, neglected Cause No. 2012-B-1106 for violations of Tennessee attorney, but is not licensed to their legal matter and failed to keep them Rules 1.2(a), 1.3, 1.4(a), 1.5, 1.16(a) and practice law in Mississippi. No one adequately informed as to the status of (d), 8.1(b) and 8.4 (a) and (d), MRPC. their case. In addition, the Complaint informed the client that Mr. Craig was not Tribunal found that Mr. Pittman’s legal Two (2) separate Informal (Bar) a Mississippi licensed attorney and his fees were unreasonable because of his fail- Complaints were filed against Mr. Taylor sole contact at the Labovitz Law Firm was ure to bring three of the matters to conclu- by clients. One alleged that Mr. Taylor Mr. Craig. The client met with Mr. Craig sion. Likewise, the Tribunal found that failed to handle a bankruptcy after receiv- multiple times at the Labovitz Law Firm Mr. Pittman failed to withdraw from the ing full payment and would not communi- while Mr. Craig drafted the complaint. representation of three of the clients after cate about the status of the case. Another Continued on next page

The Mississippi Lawyer Spring 2013 41 Final Disciplinary Actions

The client also spoke with Mr. Craig at the William R. Wheeler of Tupelo, ing that amount of money over that period Labovitz Law Firm monthly regarding his Mississippi. The Committee on of time if they had taken any of the steps case leading up to the filing of the com- Professional Responsibility imposed a that are now in place to properly monitor plaint. Public Reprimand in Docket No. 11- clients’ money entrusted to the firm 434-2 for violation of Rules 1.15 and through their LTA. A complaint was filed on the client’s 5.3(b), MRPC. behalf in the United States District Court Rule 5.3(b), MRPC, requires lawyers with for the Northern District of Mississippi on James R. Franks of Tupelo, Mississippi. direct supervisory authority over non- November 21, 2007, but no summons was The Committee on Professional lawyers to take reasonable steps to ensure issued until September 8, 2008. The Responsibility imposed a Public the conduct of non-lawyer personnel is defendants in the case moved to dismiss Reprimand in Docket No. 11-433-2 for compatible with the professional obliga- the case for untimely service. Mr. Craig violation of Rules 1.15 and 5.3(b), MRPC. tions of the lawyer. prepared a response to motion at the request of Mr. Labovitz. The case was dis- On November 21, 2011, law partners Mr. In this case, Mr. Wheeler and Mr. Franks missed and the client filed an informal Wheeler and Mr. Franks, through counsel, took immediate remedial steps to protect [Bar] complaint against Mr. Craig. voluntarily self-reported their possible missing client money. Moreover, they misconduct regarding their law firm’s for- implemented reforms in their lawyer trust On November 17, 2007, the Unauthorized mer office manager, Wendy Hellums account procedures to prevent future Practice of Law Committee of The (“Ms. Hellums”). Mr. Wheeler and Mr. defalcations. Fortunately, Mr. Wheeler Mississippi Bar issued a cease and desist Franks discovered Ms. Hellums had and Mr. Franks had the means to cover the letter to Mr. Craig after its investigation embezzled funds from the firm’s Lawyer missing funds. However, the fact remains revealed Mr. Craig had engaged in the Trust Account (“LTA”) over an almost that their clients’ trust monies were at risk unauthorized practice of law in another four year period from 2007 through 2011. and subject to potential loss had those Labovitz Law Firm matter. Mr. Craig means not existed. claimed that the client’s case is the only Mississippi case he continued to perform When the lawyers discovered Ms. The Committee has carefully considered legal work on after receiving the cease and Hellums’ defalcation, they terminated Ms. the aggravating and mitigating factors pre- desist letter. Hellums’ employment, began an investiga- sented in this case. In addition to the tion of the extent of the defalcation, and increased scrutiny associated with viola- Rule 5.5(a), MPRC, prohibits a lawyer referred Ms. Hellums to the appropriate tions of Rule 1.15, the primary aggravat- from engaging in the unauthorized prac- law enforcement personnel. With the help ing factor to be considered is that Ms. tice of law. Mississippi law defines the of the firm’s accountant, the lawyers were Hellums’ embezzlement took place over unauthorized practice of law as any exer- able to determine how much money of an almost four year period. The mitigating cise of intelligent choice in advising each clients’ funds had been stolen. factors involved include that the attorneys someone of his legal rights and duties. Additionally, the lawyers promptly self-reported the misconduct, fully and Darby v. Miss. Bd. Bar Admissions, 185 replaced the stolen funds with their own completely disclosed the misconduct, and So. 2d 648 (Miss. 1966). The practice of personal funds. Each client has now been undertook immediate steps to make clients law can be “as little as advising a person of made whole. Further, the firm has imple- whole and to prevent future, similar inci- his legal rights or exercising discretion in mented new procedures to better protect dents. Considering the aggravating and drafting documents.” In re Williamson client funds from possible defalcation in mitigating factors, the Committee found and Miller, 838 So. 2d 226 (Miss. 2003). the future. the appropriate discipline to be imposed Mr. Craig is not and never has been admit- was a Public Reprimand. ted to practice law in Mississippi. Mr. Rule 1.15 of the Mississippi Rules of Craig drafted pleadings and advised a Professional Conduct (“MRPC”) requires Private Reprimands client with regards to his Mississippi liti- a lawyer to properly maintain a LTA. Each The Committee on Professional gation. Mr. Craig was previously advised individual lawyer bears the responsibility Responsibility imposed a Private by the Bar’s UPL Committee on for maintaining the funds entrusted to the Reprimand against an attorney in Docket November 19, 2007, to cease and desist lawyer. The duties to properly maintain an No. 11-184-1 for violation of Rules 1.1, from those activities that constituted the LTA cannot be delegated to another lawyer 1.5(a) and (b), 1.9(a), and 1.16(d), MRPC. unauthorized practice of law in or non-lawyer. Traditionally, the Courts have applied a very high level of scrutiny Mississippi. Mr. Craig’s activities persist- A client filed an informal [Bar] complaint to violations involving Rule 1.15. For ed in his handling of the client’s case for at against an attorney alleging that she did example, the Mississippi Supreme Court least another year after the cease and not properly assimilate documents in has stated that mishandling client funds is desist demand. Mr. Craig has engaged in response to a grand jury subpoena, did not “the cardinal sin” of lawyering. Haimes v. the unauthorized practice of law in viola- return his file when her representation in Miss. Bar, 601 So. 2d 851, 854 (Miss. tion of Rule 5.5(a). the criminal investigation was terminated 1992). Rule 1.15 does not impose any and later entered an appearance on behalf Mr. Labovitz was also the subject of disci- requirement that the lawyer possess any of his co-defendant in the trial that result- pline for this same matter, receiving a thir- intent to violate the rule. ed from that investigation. The attorney ty (30) day suspension from a Complaint was hired to represent the client in a fed- Tribunal in Cause No. 2012-B-1233 for In this case, the Committee noted that Ms. eral criminal investigation. At the begin- violations of Rules 1.2(a), 1.3, 1.4(a), Hellums took funds from the lawyer trust ning of the representation, the attorney 1.16(d), 5.3(b) and (c), 5.5(b) and 8.4(a) account over a period of almost four years. directed the client to deliver a number of and (d), MRPC. Mr. Wheeler and Mr. Franks should have known that their office manager was tak- documents to his co-defendants’ attorney with no knowledge of what information

42 Spring 2013 The Mississippi Lawyer Final Disciplinary Actions those documents contained. It became charged in the locality. Additionally, Rule Ethics Committee. Rule 1.8(e)(2)(b), clear later in the investigation that these 1.5(b) requires a lawyer to communicate MRPC. Advances under this subsection documents contained incriminating evi- the basis or rate of the fee to the client, that total less than $1,500 still must be dence against the co-defendant. A federal preferably in writing, before or within a reported to the Bar’s Ethics Committee grand jury subpoena was then issued to reasonable time after commencing the within seven (7) days of the advance. Id. the client. The client compiled a number representation. While the attorneys did not advance funds of electronic documents onto a DVD and to their client until more than sixty (60) sent them to the attorney to prepare the Rule 1.9(a) prohibits a lawyer who has days had elapsed, the attorneys did not subpoena response. The attorney did not formerly represented a client from repre- report any of the advances to the Ethics review the electronic documents prior to senting another in the same or a substan- Committee. Further, the attorneys did not sending the DVD to the government as his tially related matter in which that person’s obtain approval from the Ethics response to the subpoena. The attorney interests are materially adverse to the Committee to advance in excess of $1,500 also failed to obtain the paper documents interest of the former client unless the for- to his client. she directed the client to deliver to the co- mer client consents after consultation. defendant’s attorney in order to prepare a The Committee on Professional Rule 1.16(d) requires a lawyer to take complete subpoena response. Responsibility imposed a Private steps to protect a client’s interest upon ter- Reprimand against an attorney in Docket The client and the attorney also disputed mination of the representation such as giv- No. 11-441-2 for violation of Rule 1.4, the hourly rate to which they agreed. The ing the client reasonable notice, returning MRPC. client claimed he agreed to pay an hourly papers and property and refunding any rate of $175. The attorney claimed the co- advance payment not earned. A client filed an informal [Bar] complaint defendant’s attorney arranged for the against an attorney alleging that the attor- The Committee on Professional client to pay an hourly rate of $350. There ney would not respond to requests for Responsibility imposed a Private was no written engagement contract. The information about the status of his legal Reprimand against a Mississippi attorney attorney’s customary hourly rate was matter. The attorney acknowledged he in Docket No. 11-508-2 for violation of $150. The client paid the attorney a total needed to be more responsive to his Rule 1.8(e), MRPC. of $10,000 during the representation. The clients. The attorney previously received an informal admonition for his violation attorney’s itemization of services indicates The Committee on Professional of Rule 1.4, of the Mississippi Rules of she spent a total of 16.75 hours in her rep- Responsibility imposed a Private Professional Conduct in 2011. resentation of the client, equating to an Reprimand against an Alabama attorney effective hourly rate of $597. in Docket No. 11-509-2 for violation of Rule 1.4(a), MRPC, requires a lawyer to Rule 1.8(e), MRPC. The client later terminated the attorney’s keep a client reasonably informed about the status of the matter and promptly com- representation and retained a new attorney. A Mississippi attorney and an Alabama ply with reasonable requests for informa- The attorney was unresponsive to requests attorney admitted pro hac vice represented tion. from the client and his new attorney to a client in a Mississippi personal injury return his file. The attorney also failed to lawsuit. Almost three months into the rep- The Committee on Professional refund any portion of the fee paid by the resentation, the attorneys’ firm provided Responsibility imposed a Private client that she did not earn. their client financial assistance to help Reprimand against an attorney in Docket meet their basic needs until the client qual- After terminating the attorney, the client No. 12-081-1 for violation of Rule 5.5(a), ified for social security disability. The entered into an agreement with the gov- MRPC. firm provided the client a monthly loan of ernment to provided testimony adverse to $500 over this time period totaling $6,750. A party opposite filed an Informal [Bar] his co-defendant at trial. The attorney The firm also paid utility and pharmacy Complaint against a Mississippi attorney later entered an appearance as local coun- bills on behalf of the client in the amount alleging that he engaged in the unautho- sel for the co-defendant. The attorney did of $4,632.53. The attorneys did not report rized practice of law in Florida. The not obtain and made no attempt to obtain any of the advances to the Ethics Mississippi attorney is not licensed to the client’s consent prior to entering her Committee of the Mississippi Bar, nor did practice in Florida. The Mississippi attor- appearance for the co-defendant. they seek approval from the Committee to ney sent correspondence on behalf of his On the basis of the informal [Bar] com- advance any funds in excess of $1,500. client to a Florida attorney regarding a plaint, the Committee found that the attor- contract dispute. His letter indicated he Rule 1.8(e), MRPC, provides a lawyer ney’s conduct constitutes a violation of maintained a law office in Florida. The shall not provide financial assistance to a Rules 1.1, 1.5(a) and (b), 1.9(a), and Florida Bar found that the Mississippi client for repayment upon the successful 1.16(d), MRPC. attorney engaged in the unauthorized completion of the matter other than litiga- practice of law. Rule 1.1, MRPC, requires a lawyer to pro- tion expenses, or reasonable and necessary vide competent representation which medical and/or living expenses, if the Rule 5.5(a), MRPC, prohibits a lawyer encompasses possessing the requisite client is under dire and necessitous cir- from practicing law in a jurisdiction where legal knowledge, skill, thoroughness and cumstances. An advance of reasonable doing so violates the regulation of the ■ preparation reasonably necessary for the and necessary medical and/or living legal profession in that jurisdiction. representation. expenses may not be made until sixty (60) days after the client has signed an engage- Rule 1.5(a), MRPC, requires a fee to be ment contract, cannot include the promise reasonable. Factors include the time and of future payments and must not exceed labor required and the fee customarily $1,500 without prior approval of the Bar’s

The Mississippi Lawyer Spring 2013 43 20th Year Anniversary of Court Reform Legislation

Signing Ceremony for Historic 1993 Court Reform Act Pictured left to right seated: Chief Justice Armis Hawkins, Governor Kirk Fordice and Presiding Justice Dan Lee. Pictured left to right standing: Representative John Reeves, Mississippi Bar President Grady Tollison, Jr., Senator Rob Smith, Justice C.R. McRae, Justice Edwin Lloyd Pittman, Presiding Justice Lenore Prather, Justice Jim Smith, Justice Fred Banks, Jr., Justice Michael Sullivan and Representative Mike Mills.

Twenty years ago, the Commission on the Courts in the 21st with this office, a Mississippi Judicial Advisory Study Century initiated their recommendations for the future of the Committee was created to provide needed counsel on both mat- Mississippi courts. The Commission developed a three phase ters of judicial and administrative policy. The second key way plan. First, the problems and future needs of the Mississippi was the creation of the Court of Appeals, which would relieve the courts needed to be identified. Second, a designated subcommit- Supreme Court of its duty to review cases with routine error. In tee would propose and discuss solutions to those identified needs addition to this creation, the Commission desired accountability and problems. And third, the Commission would reach agree- for the time standards for appellate decisions. In the desire for ment on the subcommittee’s proposed solutions. The Legislation better efficiency, the legislation provided funding for additional that followed in April of 1993 continued to mark the clerks, legal research assistants and secretaries for the Courts. Commission’s achievements even now, twenty years later. Finally, the fourth change was a salary initiative to attract and That Legislation, Senate Bill 2620 and House Bill 548, retain highly qualified judges. The House Bill 548 provided a attempted to change the courts in four key ways. First, they cre- two step increase in salary for Mississippi judges. ated an Administration Office of the Courts whose purpose was This legislation from the Commission transformed the to assist in the non-judical business of the court. These persons Mississippi Court system to better function with efficiency, would work with all clerks to ensure that all statistical caseload accountability, and quality as it faced the 21st century. It excelled and other information would be compiled and published. Along then, and these changes continue to assist the Courts today.

44 Spring 2013 The Mississippi Lawyer Young Lawyers Division News

sippi in general over the last year. From in what has proven to be both an enjoy- the Mock Trial Competition to the Prison able and fulfilling position. Dogs program, YLD members have given I am excited, too, about the upcoming Rachel Pierce Waide their time and talents to good causes Mississippi Bar Convention. You are Young Lawyers Division President across the State of Mississippi. I am hon- invited to join us for the YLD General 2012-2013 ored and privileged to have played a small Assembly on Friday, July 12, 2013, at 8 role in those worthwhile projects. Our a.m. Guest speaker Marshall Ramsey membership did exhaustive work in many will not only address the crowd, but he As I prepare to end my year of service areas, and I look forward to watching will also be on hand after delivering his as president of the Young Lawyers those efforts continue under the capable remarks to autograph copies of his new Division, I am excited about the YLD’s leadership of Julie Jarrell Gresham next book, Fried Chicken & Wine. During that contributions to our Bar and to Missis- year. Thank you for allowing me to serve meeting, we will conduct a brief business session and will recognize Alison Baker as this year’s Outstanding Young Lawyer. I look forward to seeing you there! ■ Marshall Ramsey Guest Speaker

at the 77th Annual General Assembly of the Young Lawyers Division 8:00 - 9:00 a.m. • Friday, July 12, 2013 Sandestin Hilton, Sandestin, Florida

The Mississippi Lawyer Spring 2013 45 Spring 2013 Bar Admissions Ceremony Sponsored by the Young Lawyers Division

Program participants administering the oath to practice law in Mississippi included (front row), Judge J. Dewayne Thomas, representing Hinds County Chancery Court; Lemuel G. Adams III, President of The Mississippi Bar; Mary Largent Purvis, Chair, YLD Bar Admissions Ceremony Committee; Rachel Pierce Waide, President of the Young Lawyers Division of The Mississippi Bar; The Reverend Shannon Manning, St. James’ Episcopal Church; (second row), Judge Michael T. Parker, representing the US District Courts for the Northern and Southern Districts of Mississippi; Dean James H. Rosenblatt, Mississippi College School of Law; Judge James E. Graves, Jr., representing MEDIATION the US Court of Appeals for the Fifth Circuit; Judge Smith Murphey, Member, Board of Bar Admissions; Dean Richard Gershon, University of Mississippi Law School; and ARBITRATION Chief Justice William L. Waller, Jr., representing the Supreme Court.

JACK F. DUNBAR

Graduate, Harvard Law School Program of Instruction for Lawyers, Mediation

Included by vote of peers in The Best Lawyers in America, in the specialty, Alternative Dispute Resolution

HOLCOMB DUNBAR LAW FIRM P.O. Box 707 Oxford, MS 38655 Phone: 662-238-7515 The Spring Bar Admissions Ceremony sponsored by the Young Lawyers Division was held Thursday, April 25, 2013 at the Gartin Justice Building in the Supreme Court en banc e-mail: [email protected] courtroom. Representing the Young Lawyers Division Bar Admission Ceremony Committee were Matt Eichelberger; Christy Malatesta; Kimberly Banks; Tiffany Graves; Mary Largent Purvis, Chair; April Ladner; and Barbara Meeks.

46 Spring 2013 The Mississippi Lawyer Spring 2013 New Admittees

Christa LaDonna Alexander Price Darby Henley Elizabeth Irene Sawyer Katherine Marquis Anderson William James Hill III Joseph Anthony Scalia II Jeffrey Braden Arnold Drury Sumner Holland Eric Winder Sella Michael Allen Attaway, Jr. Whitney Elaine Holliday Brad Alan Smith Navketan Kaur Aujla Louis Anthony Huber III Christopher Edward Smith Brigg Hails Austin Stella Michelle Hurtt Tiffany Elizabeth Speegle Mary Elizabeth Turner Baxter Kevin M. Jordan Yvette Louise Stelly Ashlee Drake Berry April Hendricks Killcreas Lequisha Angenette Stevenson Laci McCullouch Bonner Spencer Harrison Larche Tracey Lynn Stokes Travis Robe Burke David Turner Long Michele Elizabeth Taylor Scott Charles Campbell Zachary Andrew Madison Benjamin Dodd Thornton Taylor Charles Cheeseman Vincent Michael Mazzone Adam Frazier Thrash Donna Marie Chesteen Kimberly Denice McCray Bridget Renea Todd Andrew Austin Clark Michael Bolton McDermott, Jr. Michael David Troendle Daniel Glen Cossey Kathryn Clarice McDonald Slates Collins Veazey Jennifer Ann Curry Kevin O’Neil McKinley Charles Emil Vercelli, Jr. Shuntal Sancia Dean Van Douglas McMahan Mickey Jansen Voss Sarah Lynn Dickey Natalie Ki-Andra McSwain Paul Mason Wages Melody Hurdle Eagan Julian Dennard Miller Louis Collins Walker John Aaron Earnhardt Paul Green Millsaps, Jr. Gregory Joseph Walsh Bradley Wayne Eskins Gabriel Montalvo Iesha LaToya Warmack Katy Elizabeth Fulgham William Westley Mutziger Evan Joseph Weems John Stone Golwen Natosha Elaine Myers Robert Kasey Wells Heather Nicole Goodlett Denita Willette Neal Samuel Lee Wilkins Michael Lee Grace Charles Alfred Neff Justin Glyien Williams Jeffrey Matthew Graves Steven Nicholas Newton Robert Davis Williams Barron Cruz Gray David Anthony Pickler Sarah Ann Williamson Sean Frederick Hampton Meredith Anne Price Ashley Catherine Wright Hartwell Virginia Harris Andrew John Reish Rebecca Taff Wright Patrick Brantley Henderson Russell Edward Reviere Jason Cole Zemek

The Mississippi Lawyer Spring 2013 47 New “Lawyers in the Family”

Price Henley, left, of Hazelhurst, is wel- William Westley Mutziger, right, of Judge Edward C. Prisock, right, (admit- comed by his father Brand Henley (admit- Meridian, is congratulated by his father- ted 1965) greets his son-in-law Zachary ted 1978) of Jackson. in-law Larry Thomas Richardson (admit- Madison of Louisville. ted 1979) of Clinton.

Sarah Ann Williamson, center, is welcomed by her father Robert Williamson, right, (admitted 1982), her mother Jonell Beeler, left, Julian D. Miller, center, of Jackson is greeted by his brother, right, (admitted 1982) all from Jackson and not pictured, her grandfa- Melvin D. Miller, II of Winstonville (admitted 2011) and his cousin ther Retired Chancellor Dennis M. Baker, of Batesville, (admitted Kimalon S. Campbell of Flowood (admitted 1999). 1953).

Dale Danks, Jr., right, (admitted 1964) welcomes his niece Ashley Rebecca Wright, left, is congratulated by her father Charles C. Wright, both from Jackson. Wright (admitted 1976) both from Meridian.

48 Spring 2013 The Mississippi Lawyer New “Lawyers in the Family”

Yvette Stelly, right, of Pass Christian, is Adam F. Thrash, right, is congratulated by Christa L. Alexander, center, of Bay welcomed by her father Herbert J, Stelly, his father Gary D. Thrash (admitted 1974) Springs, is welcomed by her aunt Mary A. Sr., of Long Beach (admitted 1963). both from Jackson. Nichols, right, (admitted 1990), of Biloxi and her uncle Mark Mayfield, left, (admit- ted 1981) of Jackson.

Judge Margaret Carey-McCray, left, of Greenville, Laci McCullouch Bonner, center left, is welcomed by her husband Zach (admitted 1986) greets her niece Kimberly McCray Bonner, center right, (admitted 2009), her father John McCullouch, left, of of Metcalfe. Ridgeland, (admitted 1979) and her brother Brad McCullouch, right, of Jackson, (admitted 2001).

Ashlee Drake Berry, left, of Ankeny, IA is greet- ed by her aunt, Elise B. Munn, right, of Hazelhurst (admitted 1993) and not pictured, Jeffrey M. Graves, center right, of Jackson is welcomed by his father Judge James her husband Lee W. Berry IV of Clarksville, TN E. Graves, Jr., left, (admitted 1980), his sister-in-law, Tiffany Graves, center left, (admitted 2008) who is currently deployed with (admitted 2007), his brother James E. Graves III, right, (admitted 2006), and his the Army in Afghanistan. brother Christopher Graves, not pictured, (admitted 2003) all from Jackson.

The Mississippi Lawyer Spring 2013 49 LAW-RELATED EDUCATION

2013 Mississippi High Sch

Sacred Heart Catholic School Team 1 displays the First Place gavel they were awarded during the 30th Annual High School Mock Trial Competition. Pictured with their teacher sponsor, Paul VanZandt, and their attorney coaches (left to right) Don Hinton, Carey Varnado, Katherine Howie, and Sarah Snow.

n Saturday, March 2, in the Supreme Court en banc courtroom, Sacred Heart Catholic School Team 1 finished in first place Oand went on to represent Mississippi in the 2013 National High School Mock Trial Competition held May 9-11 in Indianapolis, Indiana. Distinguished members of the Bar judged the statewide final round. These judges included Rachel Pierce Waide, President of the Young Lawyers Division of The Mississippi Bar; David Marion, President of the Capital Area Bar Association; Stephanie Jones, prior Chair of the Statewide Mock Trial Committee; Judge Lamar Pickard, Circuit Judge of the 22nd Circuit Court District; and Robert Gibbs served as the presiding judge again this year. He has presided at the Statewide Mock Trials for nearly 20 years. Forty-three teams from around the state participated in three regional competitions, which were held in January and February in Gulfport, Jackson and Oxford. From those teams, 20 teams advanced to the statewide competition held on March 1-2 at the Hinds County Courthouse and Chancery Courthouse in Jackson. Long Beach High School Team 2 earned the second place trophy gavel, coached by Brad Rath. The following schools earned the remainder of the top six positions. MSMS Team 1, third place, coached by Scott Colom; Jackson Prep Team 1, fourth place, coached by Crane The final round judges included (left to right) Rachel Pierce Kipp, Lewis Bell, Drew Malone and Joe Roberts; Sacred Heart Waide, President of the Young Lawyers Division of The Catholic School Team 2, fifth place, coached by Don Hinton, Carey Mississippi Bar; David Maron, President of the Capital Varnado, Sarah Snow and Katherine Howie; and MSMS Team 2, sixth Area Bar Association; Robert Gibbs, serving as the presid- place, coached by Scott Colom. The Mississippi Bar High School ing judge for the 20th year; Judge Lamar Pickard, Circuit Mock Trial Competition is sponsored and coordinated by the Young Judge of the 22nd Circuit Court District; and Stephanie Lawyers Division of The Mississippi Bar. ■ Jones, prior Chair of the Statewide Mock Trial Committee.

50 Spring 2013 The Mississippi Lawyer UPDATE ool Mock Trial Competition

The Mississippi Lawyer Spring 2013 51 Mississippi Attorneys Who Served As Team Coaches During The Mississippi 2013 High School Mock Trial Competition

David Harris ...... Biloxi Mike Baxter ...... Ridgeland Biloxi High School MRA John A Meynardie ...... Gulfport Katie Trundt...... Canton Biloxi High School MRA Woody Breeland...... Brookhaven Scott Colom ...... Columbus Brookhaven High School MSMS Evan Lundy ...... Flowood Dave Rozier ...... Oxford Christian Home Educator’s Connection Oxford High School Milton Carroll McCardle ...... Hazlehurst Keith Pearson...... Oxford Copiah Academy Oxford High School Daniel W. Kitchens...... Crystal Springs Justin Cluck...... Holly Springs Copiah Academy Potts Camp High School Jacqueline Meek ...... Eupora Don Hinton ...... Hattiesburg Eupora High School Sacred Heart Catholic School Judge Debbra Halford...... Meadville Carey R Varnado...... Hattiesburg Franklin County High School Sacred Heart Catholic School Cherie R. Wade...... Pascagoula Sarah Snow ...... Hattiesburg Gautier High School Sacred Heart Catholic School Mary Clay Morgan ...... Jackson Katherine L Howie ...... Hattiesburg Jackson Academy Sacred Heart Catholic School Brad Reeves...... Jackson Francis Larkin ...... Tupelo Jackson Academy Saltillo High School Crane Kipp...... Jackson Blake Teller...... Vicksburg Jackson Prep St. Aloysius High School Lewis Bell...... Jackson Le Brown ...... Vicksburg Jackson Prep St. Aloysius High School Drew Malone ...... Ridgeland Sheryl Bey ...... Jackson Jackson Prep St. Andrew’s Episcopal School Joe Roberts ...... Jackson Tammye Brown...... Jackson Jackson Prep St. Andrew’s Episcopal School Leo Carmody ...... Oxford James Shelson...... Jackson Lafayette High School St. Andrew’s Episcopal School Allyson L Nelson...... Oxford Shaunte’ Washington ...... Jackson Lafayette High School St. Joseph Catholic School Stephen Wilson...... Meridian Judge Jennifer T Schloegel...... Gulfport Lamar School St. Patrick Catholic High School Kacey Bailey...... Meridian Pepper A Pearson...... Gulfport Lamar School St. Patrick Catholic High School Brad Rath...... Long Beach Lauren R McCrory ...... Biloxi Long Beach St. Patrick Catholic High School Rogen Chhabra ...... Jackson Elena L Guida...... Gulfport Madison Central St. Patrick Catholic High School Staci A O’Neal ...... Madison Wendell James ...... Bay Springs Madison Central Sylva-Bay Academy Anthony L. Farese...... Ashland Cory M. Williamson ...... Oxford Marshall Academy Water Valley High School Phillip K. Knecht ...... Holly Springs Robert D Schultze...... Oxford Marshall Academy Water Valley High School

52 Spring 2013 The Mississippi Lawyer Special Thanks to Mississippi Attorney Judges for 2013 Statewide & Regional Mock Trial Competition

he Mississippi Bar Young Jenessa Hicks ...... Oxford Sumeka Thomas...... Okolona Rita Jones ...... Choctaw Lawyers Division would Heather Hudson ...... Greenville Betsy Turley ...... Jackson Stephanie Jones...... Jackson Tlike to thank the following Elizabeth Hyde...... Oxford Kathlyn Van Buskirk....Pascagoula Virginia Jones ...... Jackson members of The Mississippi Bar Jamie Jacks...... Cleveland Glen Waddle...... Jackson Joseph Kelly...... Liberty for their efforts as attorney judges Andy Johnson ...... Jackson Lee Watt...... Jackson Sterling Kidd...... Jackson during the 2013 High School J D Johnson...... Oxford Josh Wiener...... Ridgeland Brace Knox ...... Starkville Mock Trial Competition. Jim Johnstone ...... Pontotoc Kelly Williams...... Madison Reid Krell...... Horn Lake John Kavanagh...... Mobile Mike Williams...... Greenville Will Manuel ...... Jackson Regional Judges Hugh Keating...... Gulfport Herb Wilson...... Gulfport David Maron ...... Jackson Jason Alexander...... Cleveland Gina Kelley ...... Aberdeen Mark Woods...... Oxford Alex Martin...... Jackson Dewey Arthur...... Brandon Sterling Kidd...... Jackson Charles Yow...... Oxford Brooke Martin...... Jackson Mimi Arthur...... Jackson Matt Kittrell...... Biloxi Catoria Martin...... Jackson Jessica Ayers ...... Jackson Parker Kline ...... Aberdeen Statewide Judges John Martin...... Canton Cheryn Baker...... Jackson Reid Krell...... Horn Lake Alicia Ainsworth...... Pearl Carrie McCormick...... Jackson Matt Baldridge...... Flowood Joanna Kuhn ...... Jackson Jason Alexander...... Cleveland Judge Mike McPhail ...Hattiesburg Jessica Bates ...... Pascagoula Bill LaBarre ...... Jackson Cody Bailey ...... Jackson Sue Merchant ...... Jackson Dave Bell...... Oxford Christy Malatesta ...... Jackson Cheryn Baker...... Jackson Doug Miracle ...... Jackson Thomas Bellinder...... Jackson Jacob Malatesta ...... Flowood Matt Baldridge...... Flowood Anita Modak-Truran .....Ridgeland Michael Bentley...... Jackson Will Manuel ...... Jackson Ed Bean ...... McComb John Mooney ...... Madison Jeff Bertucci...... Biloxi David Maron ...... Jackson Thomas Bellinder...... Jackson Laura Moore ...... Jackson David Brisolara ...... Long Beach Brooke Martin...... Jackson Parker Berry...... Ridgeland Jessica Murray ...... Jackson Phil Broadhead...... University John Martin...... Canton Lindsey Boyd ...... Jackson Kim Nailor ...... Vicksburg Eric Brown...... Jackson Jonathan Masters...... Oxford Bryan Buckley ...... Canton Mary Nichols...... Gulfport Zach Busey ...... Jackson Drew Mauldin ...... Aberdeen Barry Campbell...... Jackson Lanny Pace...... Jackson David Caldwell ...... Jackson Courtney McAlexander...... Oxford Graham Carner...... Jackson Martin Perkins...... Jackson Graham Carner...... Jackson Michael McCabe...... Gulfport Beau Cole...... Jackson Judge Lamar Pickard....Hazlehurst Tom Carpenter ...... Gulfport Will McIntosh ...... University Brent Cole...... Jackson Evelyn Portie...... Brandon Mike Carr ...... Cleveland Chan McLeod ...... Jackson Betsy Cotton ...... Yazoo City Judge Melvin Priester ...... Jackson Kristopher Carter ...Ocean Springs Sue Merchant ...... Jackson Marcy Croft...... Jackson Melvin Priester...... Jackson Krissy Casey...... Tupelo Jeffrey Mitchell...... Tupelo Nakimuli Davis ...... Jackson Jeff Rimes ...... Ridgeland Judge Jim Chaney ...... Vicksburg Laura Moore ...... Jackson Paul Davis ...... Ridgeland Spencer Ritchie...... Jackson John Christopher ...... Ridgeland Jody Owens...... Jackson Laura Dixon ...... Ridgeland Ellen Robb ...... Ridgeland Ashlee Cole ...... Pascagoula James Parrett...... Oxford Carter Dobbs...... Jackson Dean James H Rosenblatt .Jackson Betsy Cotton ...... Yazoo City Lindsay Peak...... Gulfport Dan Duggan...... Brandon Vicki Rundlett...... Clinton Marcy Croft...... Jackson Bryan Petty ...... Ramer, TN La’Verne Edney ...... Jackson Brant Ryan ...... Ridgeland Richard Davis...... Eupora Richard Pietrowski ...... Biloxi Wendy Ellard ...... Jackson Chad Shook...... Hattiesburg John Dawson...... Gulfport Crymes Pittman ...... Jackson Amanda Evans ...... Meridian Vicki Slater...... Madison Israel Denham ...... Ocean Springs Evelyn Portie...... Brandon Stephanie Evans...... Jackson Francis Springer...... Madison Carter Dobbs...... Jackson Melvin Priester...... Jackson Bailey Fair...... Jackson Stephen Stamboulieh ....Ridgeland Dan Duggan...... Brandon Amanda Proctor ...... Jackson Louis Frascogna...... Jackson Austin Stewart...... Jackson Bill Eckert...... Metairie George Read...... Oxford David Frazier ...... Pascagoula Frannie Strayham...... Mandeville Wendy Ellard ...... Jackson Sarah Reese ...... Biloxi Robert Gibbs...... Jackson Toni Terrett...... Vicksburg Tanya Ellis ...... Jackson Spencer Ritchie...... Jackson Chip Glaze ...... Jackson Betsy Turley ...... Jackson Jeremy England...... Ocean Springs Jason Savarese ...... Gulfport Laura Goodson...... Jackson Rachel Pierce Waide...... Tupelo Amanda Evans ...... Meridian Aafram Sellers ...... Jackson Tiffany Grove ...... Ridgeland Robert Walker ...... Jackson Stephanie Evans ...... Ridgeland Chris Shaw...... Jackson Alicia Hall...... Jackson Sara Ward...... Jackson Bailey Fair...... Jackson Julie Skipper ...... Jackson Jacinta Hall ...... Jackson Lee Watt...... Jackson Luke Fisher ...... Oxford Tiffany Speegle ...... Oxford Jennifer Hall...... Jackson Scotty Welch ...... Jackson Elliott Flaggs...... Vicksburg Francis Springer...... Madison Ryan Hall ...... Jackson Josh Wiener...... Ridgeland David Frazier ...... Pascagoula Alice Stamps...... Jackson Seth Hall...... Ridgeland Rebecca Wiggs...... Jackson Hale Freeland...... Oxford Amy Strickland ...... Jackson Reginald Harrion ...... Jackson Kelly Williams...... Madison Alicia Hall...... Jackson Forrest Stringfellow...... Clinton Emily Haxton...... Jackson Laina Woodard...... Madison Ryan Hall ...... Jackson Tom Taff ...... Vicksburg Brent Hazzard ...... Jackson J.D. Woodcock...... Jackson Macy Hanson ...... Jackson Michael Tarleton ...... Ridgeland Ashley Hendricks...... Jackson Gretchen Zmitrovich...... Jackson Reginald Harrion ...... Jackson Bethany Tarpley ...... Jackson Tricia Herlihy...... Jackson Ashley Hendreth ...... Ridgeland Christine Tatum...... Oxford Janice Jackson...... Jackson Adria Hertwig ...... Jackson Lindsay Thomas...... Jackson Andy Johnson ...... Jackson

The Mississippi Lawyer Spring 2013 53 JAMES A. KOERBER BRIAN SCHMITTLING ROBERT D. KING, JR., CPA/ABV, CVA, CFE, CFF CPA/ABV, CVA, CFE, CFF CPA/ABV, CVA, CFE • Business Valuation Services • Lost Profits Analysis Valuations • Calculation of Damages • Personal Injury/Wrongful Death • Forensic Accounting • Shareholder Disputes • Intangible Asset Valuations • Family Law Services 103 Madison Plaza • Hattiesburg, MS 39402 • Toll Free 888.655.8282 • www.koerbercompany.com 24 YEARS Since 1989, the advisors at Medley & Brown have provided Mississippi families with sound, consistent management of their investment assets. We are proud of our record of care and performance, and invite you to learn more at

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54 Spring 2013 The Mississippi Lawyer

REGISTRATION FEES for Annual Meeting and Summer School

25TH ANNUAL CANCELLATIONS & REFUNDS SUMMER SCHOOL FOR LAWYERS The Mississippi Bar will accept only written requests 12 CLE HOURS (ETHICS INCLUDED) for refund of registration fees by either mail or fax JULY 8 – 10, 2013 to Nikki McIntyre, The Mississippi Bar, P.O. Box 2168, LINKSIDE CONFERENCE CENTER Jackson, MS 39225-2168, Fax # 601-355-8635 or by e-mail to [email protected]. The date of cancella- The Mississippi Bar and the Mississippi Association tion is the date received by the Bar offi ce in Jackson. for Justice will jointly sponsor the Summer School for The following refund schedule has been established: Lawyers. The program will feature a variety of topics CANCELLATIONS RECEIVED ON OR BEFORE JUNE 28: of interest to trial lawyers and general practitioners Full refund, less $50 administrative charge. throughout the state. The Summer School for Lawyers offers an excellent opportunity for lawyers to improve CANCELLATIONS RECEIVED JULY 1 - JULY 13: their skills and obtain 12 hours of approved continuing 50% refund. legal education, while enjoying the recreational Due to hotel advance guarantee requirements, there will be no refund for optional ticketed events facilities offered at Sandestin. The program will the week of July 8-13. provide participants with useful information, including a bound set of reference materials. This seminar will CANCELLATIONS RECEIVED AFTER MEETING DATES: include credits to meet the 12-hour mandatory CLE No refund. requirement in Mississippi for FY 2012-2013. ACCOMMODATIONS The registration fee is $370 for attorneys and $160 for Bar members staying at the SANDESTIN BEACH Judges whose registration is received no later than HILTON must make reservations DIRECTLY WITH THE June 14, 2013. After June 14, the registration fee HOTEL BY PHONE OR ONLINE. is $395 for attorneys and $185 for Judges. The SANDESTIN RESORT registration fee will cover attendance at all sessions, Registrants staying at the must make reservations BY USING THE ENCLOSED FORM OR handout materials, and coffee breaks. BOOKING ONLINE. Please read carefully to avoid any confusion and/or 2013 ANNUAL MEETING disappointment. JULY 10 – 13, 2013 1. If staying at the Sandestin Beach Hilton, call SANDESTIN HILTON 1-800-367-1271 Monday – Friday, 8:00 am – 7:00 pm to make your hotel arrangements. The The 108th Annual Meeting of The Mississippi Bar will Mississippi Bar Annual Meeting code is BAR or be held on July 10 – 13, 2013, at the Sandestin Beach go online at sandestinbeachhilton.com. Hilton and Sandestin Golf and Beach Resort in Destin, 2. If staying at the Sandestin Golf & Beach Resort, Florida. Registration will cover attendance at all forward the enclosed Housing Request Form to: general, educational and business sessions, as well as Sandestin Golf and Beach Resort, 9300 Emerald admission to the Welcome Reception on Wednesday, Coast Parkway, Destin, FL 32550 July 10 and President’s Reception on Friday, July or fax (850) 267-8221 or book online: 12. Entry in all sporting events and attendance at all http://www.sandestin.com/22O32Q.aspx. social events will require participants to be registered 3. If staying at another property, please list on the for The Mississippi Bar Annual Meeting. Bar’s registration form on page 19. The registration fee is $410 per attorney (includes 4. At the end of each week, the Hilton & Resort spouse/guest) and $285 for Judges (includes spouse/ will forward to The Mississippi Bar a list of guest) whose registration is received no later than all reservations. The Bar will check room June 14, 2013. After June 14, the registration fee is reservations against meeting registrations to $450 for attorneys and $310 for Judges. confi rm that members are registered to attend the (All government lawyers will receive a 10% discount Summer School and/or Annual Meeting. on registration fees). IF A MEETING REGISTRATION IS NOT RECEIVED BY THE BAR WITHIN 10 DAYS OF NOTIFICATION OF ROOM RES- ERVATION, THE ROOM RESERVATION WILL BE REMOVED The enclosed registration form for FROM THE BAR’S BLOCK, AS THIS SPACE IS RESERVED ONLY FOR THOSE MEMBERS ATTENDING BAR MEETINGS. Summer School and/or Annual Meeting must be returned to The Mississippi Bar. 5. The Bar’s room block deadline is Friday, June 14, 2013, at both the Hilton and Resort. After the Registration fees must accompany Bar’s room block is released on June 14, 2013. the registration form. THE BAR CANNOT GUARANTEE ROOM AVAILABILITY. CONVENTION RATES WILL NOT BE AVAILABLE. Make checks payable to The Mississippi Bar. 6. The hotel or resort will send an individual For further information about Summer School confi rmation to each guest. This confi rmation or Annual Meeting registration, please call will contain information regarding check-in time, Nikki McIntyre at The Mississippi Bar at cancellation policy, etc. Bar staff cannot make 601-355-4619 or email [email protected]. room reservations, but can answer general questions. Specifi c questions should be directed 4 to the hotel or resort. 25th Annual SUMMER SCHOOL ANNUAL MEETING SUMMER SCHOOL FOR LAWYERS Agenda at a Glance LINKSIDE CONFERENCE CENTER

MONDAY, JULY 8, 2013 TUESDAY, JULY 9, 2013

8:00-9:00 A.M. Mississippi Appeals: 10:10-11:10 A.M. 3rd SESSION OF CONCURRENT WORKSHOPS Peeling the Onion From the Inside WORKSHOP 3A Judge T. Kenneth Griffi s, Jr., JACKSON BP Oil Spill and Claims Process Update 9:00-10:00 A.M. Life After Learmonth: The Current Case for and Steve W. Mullins, OCEAN SPRINGS Against Non-Economic Damages Cap WORKSHOP 3B David W. Baria, BAY ST. LOUIS Arrested Development(s): Roy A. Smith, Jr., JACKSON Hot Topics in Criminal Law & Procedure Aafram Y. Sellers, JACKSON 10:15-11:15 A.M. What’s Your Co-Pay? The Cost of the Affordable Care Act to Employers, States, Hospitals, WORKSHOP 3C Patients and Taxpayers Doing Well by Doing Good: Professional Honorable Haley R. Barbour, RIDGELAND Development through Pro Bono Service Patti C. Gandy, JACKSON 10:45 A.M.-12:00 P.M Premises Liability: Tiffany M. Graves, JACKSON Advocacy in an Atmosphere of Violence University of MS Pro Bono Initiative Representative Christopher J. Latimer, COLUMBUS WORKSHOP 3D Rocky F. Wilkins, JACKSON Alienation of Affection: The Area 51 of Family Law TUESDAY, JULY 9, 2013 Melissa A. Malouf, JACKSON 11:15 A.M.-12:15 P.M. 4th SESSION OF CONCURRENT WORKSHOPS 8:00-9:00 A.M. 1st SESSION OF CONCURRENT WORKSHOPS WORKSHOP 4A WORKSHOP 1A BP Oil Spill and Claims Process Update Do’s and Don’ts of Federal Court Practiceice Steve W. Mullins, OCEAN SPRINGS U. S. Magistrate Judge Linda R. Anderson,n, WORKSHOP 4B JACKSON Arrested Development(s): WORKSHOP 1B Hot Topics in Criminal Law & Procedure What’s New in Mississippi Worker’s Aafram Y. Sellers, JACKSON Compensation Law WORKSHOP 4C Rogen K. Chhabra, JACKSON Doing Well by Doing Good: Professional Jennie S. H. Pitts, JACKSON Development through Pro Bono Service WORKSHOP 1C Patti C. Gandy, JACKSON Everything You Wanted to Know About Mineral Tiffany M. Graves, JACKSON Leasing but Were Afraid to Ask University of MS Pro Bono Initiative Representative Stan T. Ingram, JACKSON WORKSHOP 4D WORKSHOP 1D Alienation of Affection: The Area 51 of Family Law Get Smart: What Litigators Need to Know About the Melissa A. Malouf, JACKSON Strengthening Medicare & Repaying Taxpayers Act George F. Hollowell, Jr., GREENVILLE WEDNESDAY, JULY 10, 2013

9:05-10:05 A.M. 2nd SESSION OF CONCURRENT WORKSHOPS 8:00-9:00 A.M. The Diminishing Jury Trial Phenomena and What WORKSHOP 2A it Means to the Mississippi Practitioner Do’s and Don’ts of Federal Court Practice Richard T. (Flip) Phillips, BATESVILLE U.S. Magistrate Judge Linda R. Anderson, JACKSON John G. Wheeler, TUPELO WORKSHOP 2B 9:00-10:00 A.M. Check Your Guns at the Door, Or Not: What’s New in Mississippi Worker’s Current Issues in 2nd Amendment Law Compensation Law J. Will Manuel, JACKSON Rogen K. Chhabra, JACKSON M. Reed Martz, OXFORD Jennie S. H. Pitts, JACKSON WORKSHOP 2C 10:15-11:15 A.M. Smokin’ Hot Models: Everything You Wanted to Know About Mineral Mississippi’s New Plain Language Model Jury Leasing but Were Afraid to Ask Instructions, Hot Off the Press Stan T. Ingram, JACKSON Guthrie T. Abbott, OXFORD WORKSHOP 2D Ramel L. Cotton, JACKSON James D. Holland, JACKSON Get Smart: What Litigators Need to Know About the Carole E. Murphey, BATESVILLE Strengthening Medicare & Repaying Taxpayers Act George F. Hollowell, Jr., GREENVILLE 11:15 A.M.-12:15 P.M. Ethics: Name That Sanction! – Understanding the Factors Used in Imposing Discipline in a Game Show Setting – Round 2 Adam B. Kilgore, MADISON Melissa Selman Martin, JACKSON 2013 SUMMER SCHOOL FOR LAWYERS COMMITTEE: • Mitchell Driskell (CHAIR), OXFORD • • Graham Carner, JACKSON • Rogen Chhabra, JACKSON • • Meade Mitchell, RIDGELAND • Troy Odom, BRANDON • 5 Annual Meeting AGENDA AT A GLANCE

WEDNESDAY, JULY 10, 2013 FRIDAY, JULY 12, 2013

12:00 - 7:00 P.M. Lawyers’ Marketplace 7:15 - 8:15 A.M. Legal Runaround 1 Mile Fun Run and 5K Run 12:00 - 8:00 P.M. Registration Desk Open SPONSORED IN PART BY THE MISSISSIPPI BAR FOUNDATION 6:30 - 8:00 P.M. Welcome Reception Visit with friends and enjoy delicious 7:30 A.M. - 1:00 P.M. Registration Desk Open food and an open bar. 7:45 A.M. Friends of Bill W. Open Meeting KIDS’ PARTY SPONORED IN PART BY: BANK PLUS PHOTOBOOTH SPONSORED BY KOERBER COMPANY 8:00 - 9:00 A.M. Breakfast: • MS Chapter American Board of THURSDAY, JULY 11, 2013 Trial Advocates Meeting 8:30 - 9:30 A.M. Breakfast: 7:30 A.M. - 1:00 P.M. Registration Desk Open • Fifty-Year Anniversary Lawyers

7:45 A.M. Friends of Bill W. Open Meeting 8:00 A.M. - 12:30 P.M. Lawyers’ Marketplace

8:00 A.M. - 12:30 P.M. Lawyers’ Marketplace 8:00 - 9:00 A.M. Young Lawyers Division General Assembly

8:00 - 9:00 A.M. Breakfasts: 8:30 - 9:15 A.M. Kite Decorating • Christian Legal Society Breakfast 9:15-10:15 A.M. Annual Business Session • Fellows of the Young Lawyers 9:30 - 10:30 A.M. Kite Flying Contest 9:00 - 10:00 A.M. Appellate, Circuit, Chancery and 10:15 A.M. - 11:15 P.M. CLE Session County Judges Conference PRESENTED BY LJAP

9:30 - 10:30 A.M. Sandcastle/Sand Sculpture Contest 10:15 A.M. - 12:15 P.M. Ethics CLE Session

10:00 - 11:00 A.M. “Behind the Stained Glass” Class 10:15 A.M. - 12:15 P.M. Section Annual Meetings:

10:00 A.M. - 12:00 P.M. CLE Session – “Making Your Case with a • Workers’ Compensation Better Memory” • Labor & Employment Law • Estates & Trusts and Taxation 10:00 A.M. - 12:00 P.M. Section Annual Meetings: • Family Law • Business Law • SONREEL Section • Health Law • Litigation • Real Property • Intellectual Property • Government Law • Appellate Practice • Prosecutors • Gaming Law 12:15 - 1:30 P.M. Law Alumni Luncheons: • Alternative Dispute Resolution • Mississippi College School of Law • Senior Lawyers • University of Mississippi Law School

10:15 - 11:30 A.M. MS Conference of Judges 2:00 - 3:00 P.M. Dance Class

12:00 - 1:30 P.M. 15th Annual Price-Prather Luncheon 2:00 - 5:00 P.M. Tennis Tournament 3:00 - 5:00 P.M. 1:00 - 6:00 P.M. Golf Tournament Children’s “Build-A-Bear” Party Baytowne Golf Course 6:00 - 7:30 P.M. President’s Reception Enjoy hors d’oeuvres and an open bar. 2:00 - 5:00 P.M. Women’s “Seaside Shopping Adventure” SPONSORED IN PART BY: FOX-EVERETT, INC. 7:30 - 10:00 P.M. The University of Mississippi 2:30 - 4:30 P.M. Bingo Lamar Order Party 5:00 - 6:30 P.M. Young Lawyers Division Board Meeting 8:00 - 10:00 P.M. Family Beach Bash HOSTED AND SPONSORED IN PART BY: THE YOUNG LAWYERS DIVISION OF THE MISSISSIPPI BAR

SATURDAY, JULY 13, 2013 Times of events printed in this brochure are tentative and may change before the 7:30 - 10:00 A.M. Registration Desk Open Annual Meeting. 7:45 A.M. Friends of Bill W. Open Meeting

9:00 - 11:00 A.M. Farewell Brunch & Annual Award Presentations 6 11:00 A.M. Check-Out Time ANNUAL MEETING SCHEDULESUMMER SCHOOL ANNUAL MEETING

WEDNESDAY, JULY 10, 2013 THURSDAY, JULY 11, 2013 Lawyers’ Marketplace Registration & Information Desk Open 12:00 NOON – 7:00 P.M. 7:30 A.M. – 1:00 P.M. Visit with over 20 exhibitors to assist Be sure to come by to register for the convention if you in your practice of law and register you didn’t get a chance to on Wednesday. to win a Treasure Chest full of prizes. Clarion-Ledger Newspapers Registration & Information Desk Open 7:30 A.M. – 9:30 A.M. 12:00 NOON – 8:00 P.M. Copies of the Clarion-Ledger are provided courtesy Come by to get your packet of information, tickets, of the University of Mississippi Law School. and convention favor. Coffee Bar 7:30 A.M. – 9:30 A.M. A Coffee Bar will be provided on the mornings of the meetings. The Coffee Bar is sponsored by Trustmark Bank. Friends of Bill W. Open Meeting 7:45 A.M. AA, ALANON, ACOA, OA & NA Lawyers’ Marketplace 8:00 A.M. – 12:30 P.M. Visit with over 20 exhibitors to assist you in your practice of law and register to win a Treasure Chest full of prizes. Prayer Breakfast 8:00 A.M. – 9:00 A.M. • $25/TICKET

SPONSORED BY THE CHRISTIAN LEGAL SOCIETY Everyone is invited to attend the 21st Annual CLS Prayer Breakfast. Please make your reservations in “Under the Big Top” Welcome Reception advance on the enclosed registration form. 6:30 P.M. – 8:00 P.M.

KIDS’ PARTY SPONSORED IN PART BY BANK PLUS Fellows of the Young Lawyers PHOTO BOOTH SPONSORED BY KOERBER COMPANY Breakfast Meeting It’s time for you and your family to join us for a 8:00 A.M. - 9:00 A.M. circus extravaganza as we go “Under the Big Top.” This year’s Welcome Reception, the fi rst night of Judges’ Conference convention, will be a fun experience with clowns ... 9:00 A.M. – 11:30 A.M. clowns ... and more clowns. The ringmaster will greet you as you enter the party – you won’t Appellate, Circuit, Chancery and County Judge want to miss the excitement of this unsurpassed Conference will meet, followed by the Mississippi entertainment excellence. Conference of Judges. Your registration fee to the Annual Meeting includes admission to this “Under the Big Top” Welcome Reception for the registrant plus one adult guest (age 18 and over). Additional tickets for guests over age 18 are $40 each, and can be purchased when you register or at the Bar’s registration desk. All children are welcome and a special children’s food table will be available. Special surprises await each child upon entering the reception. So come soar with us to new heights and have fun with us as you enter this electrifying adventure “Under the Big Top.” We will see you there!! 7 ANNUAL MEETING SCHEDULE THURSDAY, JULY 11, 2013

Sandcastle / Sand Sculpture Contest “Making Your Case with a Better Memory” 9:30 A.M. – 10:30 A.M. CLE Session Join in the 12th 10:00 A.M. – 12:00 NOON • 2 HOURS CLE annual family As attorneys there is so much to remember, but how or individual do you retain it all? Paul Mellor, who has presented CLE Sandcastle/Sand training to over 35 state Bars on memory improvement, Sculpture Building shows the power behind a trained memory. In this fun Contest. Head on program, you’ll learn the ease for recalling information down to the beach, from a deposition, speaking without notes, and learning register yourself the 6 simple steps for remembering names and faces. or your family, Finally, a program that rids your poor memory of get assigned a misplaced glasses, forgotten names, and statements such spot and start as, “I know it’s here somewhere” to a mind that’s effi cient building! Buckets and reliable. This program dispels the myth that memory and shovels will can’t be improved. It can; easily and effectively. When be provided. 1st, you’re skilled in memory, all your other skills get better. 2nd and 3rd place THE PRESENTER prizes will be Paul Mellor was a fi nalist in the USA awarded in several Memory Championship. During the categories again competition, Mr. Mellor recalled the this year. Let’s names of over 90 people in less than see how creative 15 minutes, recalled the exact order of you can be on the over 100-single digit numbers after a beach! fi ve-minute study, and recalled the exact order of a shuffl ed deck of playing cards after less than a “Behind The Stained Glass” Class three-and-a-half minute review. The author of MEMORY! 10:00 A.M. – 11:00 A.M. • NO CHARGE How to Remember Anything, Mr. Mellor presents highly interactive, informative, and entertaining programs on PRESENTED BY ANDREW YOUNG memory skills to attorneys nationwide. He is also the Come and learn about what author of You’re Almost There about his accomplishment goes into producing beautiful as having run a marathon (26.2 miles) in all 50 states. stained class. You will hear from Andy Young with Pearl River Glass about the Section Annual Meetings background of constructing the 10:00 A.M. – 12:00 NOON art for stained glass windows ● BUSINESS LAW AND REAL PROPERTY JOINT in churches as well as other SECTION ANNUAL MEETING buildings. Andy was awarded 2 HOURS CLE a Governor’s Award for Excellence in the Arts in 2002. “The Impact of the CFPB’s 2013 Regulations on You” A demanding craft, it required much from him as he Loretta Salzano, FRANZEN AND SALZANO, P.C. attempted to master its diffi cult manufacture. It was out ● HEALTH LAW SECTION ANNUAL MEETING of this struggle that Pearl River Glass Studio was born 2 HOURS CLE with a mission to establish a professional studio providing “Health Law Update” state of the art stained glass in Mississippi. Seeing fi rst- hand the origins of the craft of stained glass in Europe ● GOVERNMENT LAW SECTION ANNUAL MEETING as well as examples of modern practice gave him 2 HOURS CLE “Current Issues, Updates and Litigating the confi dence to pursue stained glass as a under the MS Tort Claims Act” life-long career. Pearl River Glass Studio, Katherine S. Kerby, KERBY LAW FIRM, L.L.C. Inc. became an accredited member of the Stained Glass Association of America ● PROSECUTORS SECTION ANNUAL MEETING (SGAA) in 1998 and Andrew Young 2 HOURS CLE recently fi nished his two year term as the “Recent Trends in Drug Enforcement” association’s president. John Harless, MISSISSIPPI BUREAU OF NARCOTICS A beautiful glass bud vase from Pearl River ● GAMING LAW SECTION ANNUAL MEETING Glass Studio will be given away as a door prize at this event! 2 HOURS CLE “Legislative Update: Gaming Law” Richard Bennett, Chair, MISSISSIPPI HOUSE OF REPRESENTATIVES 8 GAMING COMMITTEE ANNUAL MEETING SCHEDULE ANNUAL MEETING THURSDAY, JULY 11, 2013

● ALTERNATIVE DISPUTE RESOLUTION SECTION ANNUAL MEETING Women’s “Seaside Shopping Adventure” 2:00 P.M. – 5:00 P.M. • $25/TICKET 2 HOURS CLE “ADR: A View from the Appellate Bench” You haven’t been shopping and Judge Thomas K. Griffi s, Jr., MISSISSIPPI COURT OF APPEALS sightseeing ‘til you’ve been to Seaside. Come join us on a quick ● SENIOR LAWYERS SECTION ANNUAL MEETING shuttle bus trip to whisk you away 2 HOURS CLE to all Seaside has to offer. The “Navigating Unchartered Waters” colorful architecture of Seaside Joseph R. Meadows, ATTORNEY AT LAW extends beyond its roof lines and materials. Beyond its styles. ● SECTIONS’ RECEPTION 11:45 A.M. – 12:15 P.M. Beyond Charleston, Victorian, Antebellum, or vari- ous Revivals. Yes. All of these details and infl uences All attendees of the Government Law, Prosecutors, comprise the architecture of Seaside. It is the vision Business Law, Real Property, ADR, Gaming Law, of a small town. Much like the old world European Health Law, and Senior Lawyers Section Meetings villages, where a person could stroll anywhere are invited to attend a reception following the she wanted to go for anything she needed. Where section meetings. everything is within easy reach. Where walking is the most popular pastime. Where people linger longer 15th Annual Price-Prather Luncheon in the market to chat. Or stop by front porches for 12:00 NOON – 1:30 P.M. • $35/TICKET afternoon visits. Quaint little shops including gifts, HOSTED BY THE BAR’S specialties, clothing, accessories, arts and furnish- WOMEN IN THE PROFESSION COMMITTEE ings can be found in Seaside - all within walking This 15th annual event named to honor Zelma distance. Your ticket includes transportation and Price, the fi rst female judge in MS, and former Chief refreshments on the bus. After you’ve shopped til Justice Lenore Prather, the fi rst female MS Supreme you’ve dropped, it’s back to Sandestin! Court Chief Justice, promises to be a special event. The Susie Blue Buchanan Award, named for the fi rst Bingo 2:30 P.M. – 4:30 P.M. • NO CHARGE female lawyer licensed to practice before the MS Enjoy the fun of Bingo at The Mississippi Bar Supreme Court, will be presented. All members of Convention. Come enjoy a couple of the Bar are invited to attend this event hosted by the games or stay the entire time as we Bar’s Women in the Profession Committee. play for wonderful prizes. There will be regular bingo, X’s, picture frame Golf Tournament and blackout. Children can attend 1:00 P.M. – 6:00 P.M. • $120/REGISTRATION FEE and will win special prizes. You’ll have a This year’s tournament will be played on the great time as you shout B-I-N-G-O! Sandestin Baytowne Golf Course on Thursday, July 11, 2013. Check-in is from 12:00 to 1:00 p.m. Young Lawyers Division Board Meeting with a “shotgun” start at 1:00 p.m. This year’s 5:00 P.M. – 6:30 P.M. • 1 hour CLE format is a four-man scramble. Green fees, carts, complimentary range balls, refreshments and awards are included in the $120 registration fee. Entries will be accepted and confi rmed on a “fi rst-come, fi rst-served” basis. The deadline for receipt of entries is Tuesday, July 2. Please indicate your handicap on the registration form. You may request a preferred foursome or be placed with other participants by the tournament coordinator. The Sandestin golf staff will handicap teams. Each person listed in your preferred foursome must send in his or her registration form to be included in the tournament. Prizes for this year’s tournament are being provided by LexisNexis. Refreshment sponsor is US Legal Forms. 9 ANNUAL MEETING SCHEDULE FRIDAY, JULY 12, 2013

Young Lawyers Division General Assembly 8:00 A.M. – 9:00 A.M. All attendees of convention are invited to join the Young Lawyers during their 77th Annual General Assembly and hear Marshall Ramsey, author of Fried Chicken & Wine: Short Stories Inspired by Banjo the Dog. Award winning editorial cartoon artist Marshall Ramsey has always been Legal Run-Around / 5K and Fun Run known for having a creative streak but more importantly, 7:15 A.M. – 8:15 A.M. • NO CHARGE he is known for bringing inspiration through laughter. Ramsey connects SPONSORED IN PART BY THE MISSISSIPPI BAR FOUNDATION with his audience using humorous This year’s Legal Run-Around will be a standard 5K stories and leaves them with thought- competitive format. In addition to the 5K Run, there will provoking challenges fi lled with be a 1 Mile Fun Run/Walk. The 1 Mile Fun Run/Walk and hope and encouragement for all 5K Run will depart from the Finz parking lot. Runners aspects of life. A book signing will and walkers of all ages are invited to participate. There be held after the assembly. The is no charge to participate. All participants will receive Outstanding Young Lawyer Award a complimentary tank top. You do not have to register will be presented. Rachel Pierce ahead of time – just come the morning of the event and Waide of Tupelo will pass the gavel have a great time. to incoming Young Lawyers Division President Julie Gresham of Biloxi. Registration and Information Desk Open 7:30 A.M. – 1:00 P.M. Kite Decorating 8:30 A.M. – 9:15 A.M. Come decorate your kite to participate in the kite fl ying Be sure to come by to register for the convention or to contest Friday morning. Kites and markers will be provided get additional tickets for the events. at no charge. Clarion-Ledger Newspapers Kite Flying Contest 9:30 A.M. – 10:30 A.M. 7:30 A.M. – 9:30 A.M. Join the Mississippi Bar’s Kite Flying Contest on the Copies of the Clarion-Ledger beach. Bring your kite which you made in the Kite are provided courtesy of the Decorating class or bring your own. Prizes will be given. University of Mississippi Law School. Come and enjoy the breeze! Coffee Bar Annual Business Session 9:15 A.M. – 10:15 A.M. 7:30 A.M. – 9:30 A.M. The Annual Business Session will include reports from Bar President Lem Adams and President-Elect Guy Mitchell. A Coffee Bar will be provided on the mornings Chief Justice William L. Waller, Jr. will give the annual State of the meetings. The Coffee Bar is sponsored by of the Judiciary Report. Trustmark Bank. Friends of Bill W. Open Meeting 7:45 A.M. AA, ALANON, ACOA, OA & NA Lawyers’ Marketplace 8:00 A.M. – 12:30 P.M. Visit with over 20 exhibitors to assist you Lem Adams Guy Mitchell Chief Justice William L. Waller, Jr. in your practice of law and register to MS BAR PRESIDENT MS BAR PRESIDENT-ELECT MS SUPREME COURT win a Treasure Chest full of prizes. CLE Session – Mississippi Chapter American Board of “Dealing with the Perils of Law Practice” Trial Advocates Breakfast Meeting 10:15 A.M. – 11:15 A.M. 8:00 A.M. – 9:00 A.M. PRESENTED BY THE LAWYERS AND JUDGES ASSISTANCE PROGRAM 1 HOUR OF CLE CREDIT 50-Year Anniversary Members Breakfast Too often, the practice of law lends itself to a life out of 8:30 A.M. – 9:30 A.M. balance. This session is how to recognize, avoid, and/or address these perils. This CLE session will be presented at no charge by the MS Bar’s LJAP program for you to receive 1 10 hour of CLE credit for FY 2012-2013. ANNUAL MEETING SCHEDULE ANNUAL MEETING FRIDAY, JULY 12, 2013

Ethics CLE Session – "Reel Ethics: Mississippi College An Analysis of the Rules of Law Alumni Luncheon Professional Conduct in the Movies" 12:15 P.M. – 1:30 P.M. • $30/TICKET 10:15 A.M. – 12:15 P.M. An informal luncheon for friends and alumni of MCSOL or JSOL will be held during convention. 2 HOURS ETHICS CLE CREDIT Visit with friends and faculty and hear a short Various legal-themed movie scenes will be analyzed presentation from Dean Jim Rosenblatt about the vis-a-vis the Model Rules of Professional Conduct law school. and/or professional responsibility. All members of the Bar are invited to this CLE session. University of Mississippi Jeff Styres, SOUTHERN FARM BUREAU LIFE INSURANCE COMPANY, JACKSON, MS Law Alumni Luncheon 12:15 P.M. – 1:30 P.M. • $30/TICKET Sections Meetings Please join other University of Mississippi law alumni 10:15 A.M. – 12:15 P.M. at the annual luncheon on Friday, July 12. In addition to hearing a report from Dean Richard Gershon, the ● WORKERS’ COMPENSATION AND LABOR & EMPLOYMENT LAWAW 2013 Law Alumnus of the Year will be announced. JOINT SECTION ANNUAL MEETING 2 HOURS CLE Dance Class “Mediation as a Tool for Faster and More Effi cient 2:00 P.M. – 3:00 P.M. • $5 PER PERSON Disposition of Workers’ Compensation Cases” Chadwick L. Shook, SHOOK LAW FIRM You can get your feet movin’ to exciting music! “Employment Law Update” A professional dance trainer, who will be joining Robert Nicholas Norris, WATSON & NORRIS PLLC us new this year, will teach you some basic steps ● ESTATES & TRUSTS AND TAXATION and start you off on the right foot so that you can JOINT SECTION ANNUAL MEETING dance to the music at the President’s Reception on 2 HOURS CLE Friday night. You’ll be dancing like you were a pro! A “Recent Changes and Legislative Proposals for partner is not required for the class. Experience is Reform in Mississippi Trust Law” not required, and we welcome dancers of all ages to William O. Brown, Jr., COPELAND COOK TAYLOR & BUSH Pete J. Cajoleas, REGIONS PRIVATE WEALTH MANAGEMENT this class. Once you get started, you’ll be hooked on the best music and dancin’ around. Sign up today! ● FAMILY LAW SECTION ANNUAL MEETING 2 HOURS CLE “Family Law Update” The “Bob Barnett” Tennis Tournament 2:00 P.M. – 5:00 P.M. • $30/PERSON ● SONREEL SECTION ANNUAL MEETING 2 HOURS CLE The 2013 Men’s and “Natural Resources, Energy, and Environmental Women’s Tennis Law Update” Tournament is ● LITIGATION SECTION ANNUAL MEETING being named in 2 HOURS CLE memory of the “The Fourth Amendment in an Age of DNA, late Bob Barnett, Drones and Dogs” who started this Donald F. Samuel, GARLAND, SAMUEL & LOEB tournament at ● INTELLECTUAL PROPERTY SECTION ANNUAL MEETING convention many 2 HOURS CLE years ago. It will “Immerging Issues in Intellectual Property Law” be held Friday A. Meaghin Burke, UNIVERSITY OF MISSISSIPPI afternoon from ● APPELLATE PRACTICE SECTION ANNUAL MEETING 2:00 to 5:00 p.m. 2 HOURS CLE at the Bayside “Appellate Practice in the Fifth Circuit” Tennis Courts, Chief Judge Carl E. Stewart, Sandestin Resort UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Tennis Center. Partners will Sections’ Bloody Mary Reception be drawn and players will rotate partners after 12:00 P.M. – 12:30 P.M. each match of four games. All participants in All attendees of Labor & Employment Law, Estates the tournament must be Bar members or their and Trusts, Taxation, Family Law, Litigation, SONREEL, spouse/guest registered for the 2013 Annual Intellectual Property, Appellate Practice, and Workers’ Meeting. Register on the enclosed Annual Meeting Compensation Section Meetings are invited to attend Registration form. a reception following the section meetings. 1 ANNUAL MEETING SCHEDULE

FRIDAY, JULY 12, 2013

Children’s “Build-A-Bear” Party 3:00 P.M. – 5:00 P.M. • NO CHARGE Kids will have a blast at this year’s Children’s Party as each child will make a Build-A-Bear animal at the Hilton at no charge. Bears, bunnies, and dogs will be among the furry friends to bring to life. Clothes and shoes for your new animal will be on sale from the Build-A-Bear Workshop staff during the party, so bring a little extra money if you would like to purchase any accessories for your new friend. This will be a kids’ party “where best friends are made.” We’ll also have face painting, foam art, plus many other surprises. Recommended for all children under the age of 12.

President’s “Mississippi Blues” Reception 6:00 P.M. – 7:30 P.M.

SPONSORED IN PART BY FOX/EVERETT, INC. You’re invited to the “House of Blues,” so come down and enjoy some great music during the President’s “Mississippi Blues” Reception. “Come by Here” and visit with the Bar President Lem Adams and his wife, Marcia during the “Power of the Blues.” “As Long as I Have You” why not put on your tap shoes and dance the night away with your “Pride and Joy” to “B B’s Blues.” While you are waiting at the “Cross Road Blues” take a minute to “Slip Away” and enjoy the wonderful hors d’oeuvres and an open bar. If you “Still Got the Blues,” get back to your roots “Down by the Riverside” “For ol’ Times Sake” and revisit the Delta as you listen to these Mississippi Blues artists. Admission into this juke joint is “Easy Come Easy Go” and your Annual Meeting registration includes admission to the Blues Reception for the registrant plus one guest. Invite your friends to “Take a Swing with Me” as additional tickets for other adult guests over 18 can be purchased for $40 each, either on the registration form or at the Bar’s registration desk. Let the past day’s events be “Out of Sight Out of Mind” as you relax “Into the Night” with your friends and family and join us in “Singing the Blues” all evening long.

University of Mississippi Lamar Order Party 7:30 P.M. – 10:00 P.M. Sandestin Hilton Pool Deck

Family Beach Bash 8:00 P.M. – 10:00 P.M.

HOSTED AND SPOSNORED IN PART BY THE YOUNG LAWYERS DIVISION Come have a great time on the beach. Bring your entire family for a crab-hunting contest for the kids! There will even be a Limbo Contest for adults. Prizes will be given! Drinks will be free for children and beer and wine will be available for adults. Come enjoy the fi reworks on the last evening of convention on the beach. 12 ANNUAL MEETING SCHEDULE ANNUAL MEETING

SATURDAY, JULY 13, 2013 Registration & Information Desk Open 7:30 A.M. – 10:00 A.M. Coffee 7:30 A.M. – 9:00 A.M. Coffee will be provided on the mornings of the meetings. Sponsors Clarion-Ledger Newspapers The Mississippi Bar 7:30 A.M. – 9:30 A.M. thanks the following sponsors for their fi nancial Copies of the Clarion-Ledger are provided courtesy of the University of Mississippi Law School. support of the 2013 Annual Meeting. Friends of Bill W. Open Meeting SPONSORS AS OF PUBLICATION DATE ARE: 7:45 A.M. Bank Plus AA, ALANON, ACOA, OA & NA Fox/Everett, Inc. Farewell Brunch and The Koerber Company Annual Award Presentations LexisNexis 9:00 A.M. – 11:00 A.M. • $40/TICKET Mississippi Bar Foundation A delicious brunch will be held on Saturday morning. In addition to recognizing lawyers who have Mississippi Volunteer Lawyers Project been practicing for 50 years as members of the Regions Private Wealth Management Bar, we plan to present Annual Awards, including Distinguished Service Award, Lifetime Achievement Trustmark National Bank Award, and Judicial Excellence Award. Other awards University of Mississippi Law Center being presented are the Chief Justice Award and the Curtis E. Coker Access to Justice Award. Everyone is U.S. Legal Forms encouraged to attend this event. Enjoy one last visit Young Lawyers Division with your friends at convention.

SPECIAL FEATURE OF THE 2013 CONVENTION Horrell Photography Have your family portrait taken on the beach in Sandestin during The Mississippi Bar’s Summer School Monday, July 8th – Saturday, July 13th & Annual Meeting. Call Emma Lou Horrell today to schedule your appointment. Until Friday, July 5th, call the studio at 601-969-1919 or email: [email protected]. After July 5th, call Emma Lou’s cell at 601-946-8940.

SITTING FEES: 1-5 in family or group ...... $150.00 6 or more in family or group $200.00 smaller family groups from same family at same time . . . .$40.00 each group Early morning or late afternoon are the only appointment times available: 7:00 AM, 7:30 AM & 6:45 PM

Images will be emailed to each family.

JJuliel and Mark McLemore's children, James and Harris, taken during the 2012 Bar Convention by Emma Lou Horrell. 13 ACCOMMODATIONS

All accommodations are to be booked directly with the Sandestin Beach Hilton or the Sandestin Beach Resort.

DAILY FROM $275.00

he Sandestin Beach Hilton will serve as headquarters property for the 2013 Annual Meeting. The Bar has reserved a block of rooms att the hotel. Located directly on the beach inside Sandestin Beach Resort, all Hilton rooms are tastefully appointed mini-suites, which include wet bars, small refrigerators and dining areas. Some suites in our block have separate bunk bed areas for children. The Sandestin Hilton offers your choice of luxurious accommodations on Florida’s famed Emerald Coast ... each offering you a spectacular view from a private balcony. Bathrooms include hairdryers and telephones, and each room has high-speed internet access, a dressing area with two vanities and many other in-room amenities.

www.sandestinbeachhilton.com ACCOMMODATIONS

2013. To ensure your To Friday, JuneFriday, 14, accommodations at a s made no later than m the Sandestin Hilton t t 1-800-367-1271 1-800-367-1271 BAR a at the Bar’s group rate, reservations should be be should reservations re rmed departure date. $10 per day BAR BAR

code:

Group Group code: Group preference non-smoking or smoking Indicate Select arrival and departure dates Indicate number of adults and children ●● (Deposits will be recorded at the time reservation is made. A deposit will be refundedif cancellation

of reservation is received seven prior days to ●● Click on Reservations on Click arrival date). arrival ●● t room with parents). available not the Spa in the Tower Emerald Tower, Hilton). the at C ONLINE: O ●●● ReserveR your room online ●●● at www.sandestinbeachhilton.com. www.sandestinbeachhilton.com. at atat Mississippi Bar Meeting Code: name, Your address and telephone number Arrival date and departure date Number of adults and children (No charge for children 17 and under sharing a only are (Bunk-beds bunk-beds need you If Credit card and expiration date If reserving a room at the Sandestin Hilton: PHONE: BY Call the Sandestin Beach Hilton at Monday 8:00 – Friday, a.m. – 7:00 p.m. INFORMATION: THE FOLLOWING WITH BE PREPARED ● ● ● ● ● ● ●● Guest check-in is 4:00 p.m. and guest check-out is 11:00 a.m. The Florida state sales tax (7%)and occupancywill tax (4%) also be added each to guest’sbill. $50 early departure fee for check-out prior confi to for self parking. $20 per day for valet parking.

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s g p ttttttttttttt, sss ssss is nnnn rrr as u ne dining experience ne dining experience ve restaurants, restaurants, ve at Sandcastles, the featuring Brunch in town Sunday best breakfast, for – available andlunch dinner pool the at Barefoots by at Seagar’s Prime Steaks & Seafood & Seafood at Seagar’s Prime Steaks (nightly turn-down service(nightly on request) charge) golf course, etc. (at Gourmet deli fare at Picnix at Picnix Gourmet deli fare andBurgers favorites tropical at Sand at sunset Bar Cocktails fi ultimate The Beach equipment rental maid serviceDaily Daily newspaper delivery guest to rooms Expresscheckout On-property shopping, shuttle to Same-day laundry and valet service Security hours 24 a day parking charge) Valet (at pro shops golf/tennis Four Sea the Shopretail Serenity by W.H. gift Smith shop t to satisfy even the the even satisfy t to bell staff Attentive cuisine continental Casual ● Additional resort amenities guestsavailable to include: On-site amenities include three swimming pools indoor(one pool), children’s pools, whirlpools, and our premier Spa, Salon & Fitness Center ... Serenity by the Sea. Ð Ð Ð Ð ● all on the premises and and all on the premises fi palates... pickiest The Hilton is a full-service resort hotel a full-service resort hotel is Hilton The 24-hourwith service, shops, room fi and ● ● ● ● ● ● ● ● ● ● ● ACCOMMODATIONS AT THE SANDESTIN GOLF & BEACH RESORT

BEACHFRONT SOUTHSIDE BEACHWALK

WESTWINDS BEACHSIDE I/II TIVOLI/PINE RIDGE BEACHWALK Far left – This exquisite beachfront Two towers – far right – With beautiful Overlooking the Baytowne Golf Club, Just a stroll to the beach, dining tower features one, two and three Gulf views, this beachfront high-rise Tivoli’s two and three bedroom and shopping, these two and three bedroom condominiums that afford offers spacious studio, one, two and townhomes and condominiums offer bedroom townhomes are near a Gulf views. Westwinds offers a large three bedroom accommodations. beachside convenience with golf views. picturesque lake. outdoor pool and a deck area. DAILY WEEKLY DAILY WEEKLY DAILY WEEKLY Studio Suite $287 $1868 DAILY WEEKLY 2 bedroom $296 $2072 1 bedroom $343 $2231 1 bedroom $318 $1989 2 bedroom $269 $1729 3 bedroom $389 $2723 2 bedroom $479 $3077 2 bedroom $443 $2775 3 bedroom $366 $2291 3 bedroom loft $414 $2793 3 bedroom $603 $3923 3 bedroom $559 $3500

LE CEIL BAYSIDE

GRAND HARBOUR VANTAGE POINTE Enjoy the luxury of this three bedroom townhome This community of large three bedroom town- Recently renovated, this 175 room bayfront hotel offers community located directly on The Links Course homes is located directly on Choctawhatchee Bay. kitchenettes in every room. The LeCeil is convenient to golf, and overlooking the Baytowne Marina and Choc- DAILY WEEKLY the health club, salon and day spa. tawhatchee Bay. 3 bedroom $308 $1928 DAILY WEEKLY DAILY WEEKLY Guest Room $154 $ 939 3 bedroom $308 $1928 1 Bedroom Suite $202 $ 1263

Economical Alternatives within 2 mile radius of Hilton Sandestin and Resort Marriott Courtyard Sandestin at Grand Blvd (1.32 miles) Tel: (850)-650-7411 • www.marriott.com/hotels Hampton Inn & Suites NORTH SHORE • BAYOU • MAGNOLIA • (2.22 miles) SANDPIPER Tel: (850)-837-7889 • www.hamptoninn.hilton.com Directly on Choctawhatchee Bay and The Links Course, these townhomes offer spacious These two, three and four bedroom villas and Embassy Suites Hotel Destin - Miramar Beach elegance. townhomes are nestled along lakes, fairways and (2.36 miles) DAILY WEEKLY greens. DAILY WEEKLY Tel: (850)-337-7000 • www.embassydestin.com 3 bedroom $308 $1928 2 bedroom $211 $1477 3 bedroom $308 $1928

HARBOUR POINTE FAIRWAYS COTTAGES PLAYERS’ CLUB Spacious two bedroom townhomes overlook These two bedroom cottages and townhomes offer Overlooking Choctawhatchee Bay and The Links Course, The Links Course. golf course or lakefront locations. this fi ve-story, mid-rise offers two bedroom condomini- DAILY WEEKLY DAILY WEEKLY ums convenient to golf and dining. 1 bedroom $173 $1099 1 bedroom $173 $1099 DAILY WEEKLY 2 bedroom $211 $1477 2 bedroom $211 $1477 1 bedroom $173 $1099 2 bedroom $211 $1477 16 ACCOMMODATIONS AT ACCOMMODATIONS THE SANDESTIN GOLF & BEACH RESORT

THE GRAND SANDESTIN he Bar has reserved over 200 rental units at the Sandestin Golf & Beach Resort. The resort boasts a wide variety of accommodations, ranging from the highrise developments on the beach to individual cottages situatedt along the fairways and lagoons. All Sandestin units, except the Bayside Inn, feature fully equipped kitchens and washers and dryers. The types of accommodations and rates are highlighted. Daily rates include daily maid service while weekly rates include maid service three times a week. Please refer to the resort map to determine the location of each development in relation to the rest of the property. Guest check-in is 4:00 p.m. and guest check-out is 11:00 a.m. The room rates quoted are subject to Florida state sales tax (7%) The Grand Sandestin is a 168-unit Southern plantation-style estate featuring a sweeping two-story veranda offering picturesque views of and occupancy tax (4%). At the resort, your room includes the Bay and lush formal gardens. free health club usage, bike rentals, one hour tennis court DAILY WEEKLY time, canoe/ kayak rentals and free access to the beach, Studio $192 $1203 marina and golf theme areas. 1 bedroom $210 $1384 2 bedroom $319 $2049 HOUSING REQUEST FORMS FOR THE 3 bedroom $414 $2593 RESORT MUST BE RECEIVED BY FRIDAY, VILLAGE JUNE 14, 2013.

IF RESERVING A ROOM AT THE SANDESTIN GOLF & BEACH RESORT, MAIL OR FAX THIS FORM TO:

• Sandestin Golf & Beach Resort Group Code: 22O32Q 9300 Emerald Coast Parkway | Destin, FL 32550 | PHONE: 800.320.8115 | FAX: 850.267.8221 OR BOOK ONLINE: http://www.sandestin.com/22O32Q.aspx

NAME The Village of Baytowne Wharf features luxury accommodations and MAILING ADDRESS a unique collection of specialty mer- chants ranging from quaint boutique shops and charming eateries to lively CITY ST ZIP nightclubs.

DAILY WEEKLY PHONE FAX Studio $192 $1203 Please indicate the number of guests who will be staying in your unit: ______ADULTS ______CHILDREN 1 bedroom $210 $1384 2 bedroom $319 $2049 ❑ WE WILL NEED A PORT-A-CRIB (CRIBS MUST BE ORDERED IN ADVANCE) List fi rst, second and third choices for accommodations within the property which you have selected: LUAU TYPE OF ACCOMMODATIONS NO. OF BEDROOMS

1. ______

2. ______

3. ______

Date and Time of Arrival: ______Date of Departure: ______($50 EARLY DEPARTURE FEE FOR CHECK-OUT PRIOR TO CONFIRMED DEPARTURE DATE.)

CONFIRM MY RESERVATION WITH MY CREDIT CARD: (CHECK ONE)

❑ VISA ❑ MASTERCARD ❑ AMEX ❑ DISCOVER ❑ CARTE BLANCHE ❑ DINERS Luau is the newest of Sandestin’s luxury beachside properties. The CREDIT CARD # ______EXPIRATION DATE ______location atop the highest elevation at Sandestin provides excellent views. SIGNATURE ______DAILY WEEKLY No reservations will be accepted if not accompanied by an appropriate credit card guarantee. Two nights Studio $183 $1143 advance deposit is required at the resort to confi rm reservations. A deposit will be refunded if cancellation 1 bedroom $211 $1324 of reservation is received two weeks prior to arrival date for the Resort. 2 bedroom $308 $1928 BAR’S ROOM BLOCK WILL BE DROPPED AS OF FRIDAY, JUNE 14, 2013 3 bedroom $395 $2472 FOR HOST PROPERTY USE ONLY – RESERVATION NUMBER: ______17 ANNUAL MEETING REGISTRATION DESK Commemorative Sun Dish The Mississippi Bar Annual Meeting BY PEARL RIVER GLASS STUDIO Registration Desk will be open from 12 noon until 8:00 p.m. on Wednesday,

July 10, 2013. The Registration Desk righten your day with this year’s Commemorative Sun Dish. This vibrant colored will be located in the Emerald Foyer dish is a 4.5" x 4.5" square created from fused glass and handcrafted by Pearl on the Lobby Level of the Hilton Hotel. River Glass Studio artisans. This beautiful sun and sky scene was designed Registration hours are from 7:30 a.m. – B exclusively for us. Let the cheerful rays of sunlight into your heart and bring beams of 1:00 p.m. Thursday and Friday, and from colors to your world and home. Andrew Young opened Pearl River Glass Studio, one of 7:30 a.m. – 10:00 a.m. on Saturday. the nation’s leading stained glass studios, in 1975 in Jackson. Since opening they have CREDIT CARDS advanced and excelled in techniques that are both time honored The Mississippi Bar will accept credit and innovative and pursue the craft of stained glass and card payments (Mastercard, Visa, fused glass as an art form. The studio produces artwork American Express and Discover) for for homes, businesses and churches throughout registrations and ticketed events. the country. Only a limited number of Sun The Mississippi Bar will accept Dishes are being hand crafted for our cash and checks. Annual Meeting attendees. Each Commemorative HOTEL/RESORT CHECK-IN Sun Dish will sell for $25. Check-in time is 4:00 p.m. This colorful piece will be the at the Hilton Hotel and 4:00 p.m. perfect souvenir to remind you at the Sandestin Resort and the Inn of the sunny days with your family on at Sandestin. If you are staying at the beach in Sandestin at this year’s Annual the Hilton Hotel, enter the Sandestin Meeting. You can’t get this design anywhere but property at the beachside entrance of at this year’s convention so make sure to order yours Highway 98 and proceed to the main today, on the convention registration form, before they entrance of the hotel. If you are staying are all gone. in a Sandestin Resort Condominium, the Resort registration desk is located JUST $25 EACH in the Market shopping area immediately to the west of the beachside entrance to Sandestin.

DRESS Dress for the entire convention is casual.

DIRECTIONS TO SANDESTIN There are several options to choose from when traveling to Destin.

Traveling east on I-10, take the I-110 exit through Pensacola. Follow signs to Highway 98 east then drive east through Fort Walton Beach and Destin to the Sandestin Resort & Conference Center.

Traveling east on I-10, take Florida Highway 85 south to Florida Highway 20 (Niceville). Drive east, turn right onto Highway 293 (Bay Bridge Road), drive south across the Bay Bridge (Niceville) to Highway 98, then drive east to the Sandestin Resort & Conference Center.

18 REGISTRATION FORM guest. guest. DISCOVER $370 $160 $395 $185 $410 $285 $450 $300 ❏ ❏ ❏ ❏ ❏ ❏ ❏ ❏ $ $ ❏ $ 5 EACH 5 EACH $ ______$

$30 EACH EACH $30 $ ______EACH $30 $ ______EACH $30 $ ______$40 EACH $40 EACH $ ______

t plus one adult t plus one adult AMEX ____ @ $35 EACH $ ______EACH ____ @ $35 $ ______EACH ____ @ $120 ____ @ $25 EACH $ ______EACH ____ @ $25 ____ @ $40 EACH $ ______@ $40 EACH ❏ $ ______@ $40 EACH ____ @ $2 ____ @ ____ @ ____ @ ____ @ ____ @ ATTORNEY’S FEE JUDGE’S FEE ATTORNEY’S FEE JUDGE’S FEE ATTORNEY’S FEE JUDGE’S FEE TOTAL ENCLOSED TOTAL EACH ____ @ $25 $ ______ATTORNEY’S FEE JUDGE’S FEE

MASTERCARD MASTERCARD

❏ ❏ ❏ ❏ ❏ ❏ ❏ admission for registran admission for registran ❏

VISA VISA ____ @ EACH $5 $ ______❏ TOTAL DUE TOTAL – PAYMENT METHOD PAYMENT – – MEETING REGISTRATION – OPTIONAL EVENTS & TICKETS – (ADD (ADD 5 & 6)

8 7 5 6 SUMMER 8 – 10 SCHOOL / JULY REGISTRATION ANNUAL10 MEETING – 13 / JULY REGISTRATION BEFORE JUNE 14 BEFORE 14 AFTER JUNE SUBTOTAL REGISTRATION SCHOOL SUMMER JUNE 14 BEFORE AFTER JUNE 14 ANNUAL MEETING REGISTRATION SUBTOTAL Additional tickets for guests over age 18 are $40 each. Additional tickets for guests over age 18 are $40 each. Price-Prather Luncheon Luncheon Price-Prather 11, 12 NOON - 1:30 P.M.) JULY (THURSDAY, Golf Tournament IS: ______MY GOLF HANDICAP ______Shopping Adventure” “Seaside Women’s Alumni Luncheon Law MS College Alumni Luncheon Law MS of Univ. Class Dance Tournament Tennis Tickets Additional Reception President’s P.M.) 12, 6:00 - 7:30 JULY (FRIDAY, Registration fee includes Brunch Farewell Commemorative Sun Dish Sun Commemorative Tickets Additional Reception Welcome 6:30 - 8:00 P.M.) 10, JULY (WEDNESDAY, Registration fee includes Breakfast Prayer ❏ ❏ ❏ ❏

CHECK – PAYABLE TO THE MISSISSIPPI BAR THE MISSISSIPPI TO – PAYABLE CHECK CREDIT CARD ___ STEP STEP ❏ ❏ ______NUMBER: CARD ______ON BACK: ______CODE DATE: EXPIRATION ______NAME: PRINT CARDHOLDER’S on card) it appears (as ______SIGNATURE: CARDHOLDER’S ___ 11, 8-9 A.M.) JULY (THURSDAY, ___ FOURSOME: 11, 1 - 6 P.M.) JULY (THURSDAY, PREFERRED ______11, 2 - 5 P.M.) ___ JULY (THURSDAY, ___ 12, 12:15 - 1:30 P.M.) JULY (FRIDAY, ___ 12, 12:15 - 1:30 P.M.) JULY (FRIDAY, ___ 12, 2 - 3 P.M..) JULY (FRIDAY, ___ 12, 2 - 5 P.M.) JULY (FRIDAY, ___ 9 - 11 A.M.) 13, MEETING OPTIONAL SUBTOTAL EVENTS ANNUAL JULY (SATURDAY, STEP STEP STEP 5B STEP check ___ Only) Registrants Meeting (Annual ___ 5A SPONSOR SPEAKER EXHIBITOR

❏ ❏ ❏ 2013 Annual Meeting Summer and School2013 RESORT

❏ R [email protected] HILTON

❏

E-MAIL:

BAR FOUNDATION FELLOW LOCAL BAR PRESIDENT OFFICER SECTION

______❏ ❏ ❏ (to receive Annual Meeting related mail) related Annual Meeting receive (to ______– HOUSING INFORMATION HOUSING – – BADGE INFORMATION BADGE – – SPOUSE/GUEST INFORMATION BADGE

– REGISTRANT INFORMATION REGISTRANT –

www.msbar.org

: 4 3 2 1 (provide address) The Mississippi Bar

601-355-8635 :

THIS IS MY FIRST MB ANNUAL MEETING MB ANNUAL THIS IS MY FIRST MY SPOUSE IS ALSO AN ATTORNEY

LEGISLATOR LEGISLATOR PRESIDENT BAR PAST COMMISSIONER BAR JUDGE JUDGE OTHER:

MAIL FAX: ONLINE Meeting Registration Meeting 2168 Box P.O. ❏ To secure accommodations, see pages 14-17 in this brochure. 14-17 pages see accommodations, secure To AT: I PLAN ON STAYING WHILE IN DESTIN, STEP STEP ❏ STEP STEP NAME: ______SPOUSE/GUEST CITY: ______STATE: ______❏ ❏ ❏ ❏ STEP STEP NAME: BADGE ______CITY: ______STATE: RIBBONS: FOR CHECK PLEASE ❏ REGISTRANT NAME: REGISTRANT ______# (IF KNOWN) BAR ______FIRM NAME/COMPANY: ______ADDRESS: CITY: ______STATE: ______ZIP: ______PHONE: ______FAX: E-MAIL: ______HOME MAILING ADDRESS: ______STEP STEP ______CHILDREN/GUESTS NAME: ______NAME: CHILDREN/GUESTS CITY: ______STATE: ______AGE ______NAME: CHILDREN/GUESTS CITY: ______STATE: ______AGE ______NAME: CHILDREN/GUESTS CITY: ______STATE: ______AGE Jackson, MS 39225-2168

SUBMIT THE MISSISSIPPI BA MISSISSIPPI THE IN MEMORIAM

Lawrence D. Arrington Sidney Lanier Hurdle Lawrence D. Arrington, 96, of Hattiesburg, died November 10, Sidney Lanier Hurdle, 89, of Holly Springs, died March 9, 2013. 2012. A graduate of the University of Mississippi School of Law, A graduate of the University of Mississippi School of Law, he was he was admitted to practice in 1948. Arrington was a retired admitted to practice in 1949. Hurdle was a native and life-long lawyer and a U.S. Army veteran of World War II. He was a mem- resident of Marshall County. He once served as attorney for the ber of Dixie United Methodist Church and the Masonic Lodge Marshall County Board of Supervisors. He was a veteran and a #397. member of the First Baptist Church of Holly Springs.

Tim David Blalock Wilbert F. Jordan, Jr. Tim David Blalock, 64, of Natchez, died January 17, 2013. A Wilbert F. Jordan, Jr., 62, of Baton Rouge, LA, died March 14, graduate of the University of Mississippi School of Law, he was 2013. A graduate Louisiana State University School of Law, he admitted to practice in 1974. He served a two year mission for the was admitted to practice in 1989. Jordan pursued a career in law Church of Jesus Christ of Latter Day Saints in the New York and and opened his private practice with law partner, Anthony Massachusetts area. He moved to Natchez to clerk with the Bertucci. Subsequently, he pursued his interest in public service District Attorney’s office. He practiced law for 38 years in and worked in the State, city, and parish an as Assistant Attorney Natchez with Calvin Wells and John Tipton. Blalock was a mem- General, Assistant District Attorney, Assistant City Prosecutor and ber of the Kiwannis Club, an adjunct professor of government at Assistant Parish Attorney. He also served as Judge pro tempore in Co-Lin Natchez, a Bishop in the Church of Jesus Christ of Latter Baton Rouge City Court. From 2004 to 2008, he was Assistant Day Saints, a member of the Board of Governors for MS Trial Secretary, Office of Environmental Assessment, Louisiana Lawyers of MS, President of Hospitality International in Atlanta, Department of Environmental Quality (DEQ). He returned to GA and worked with the Boy Scouts of America. work as Assistant City Prosecutor, where he remained until retire- ment in 2010. His professional credentials also included a Thomas Raymond Crews Registered Environmental Manager and a Certified Environmental Auditor. Jordan was on the Board of Directors of Thomas Raymond Crews, 87, of Jackson, died March 30, 2013. A the Association of State and Territorial Solid Waste Management graduate of the University of Mississippi School of Law, he was Officials for EPA’s Region 6. admitted to practice in 1951. He served in the United States Army Air Corps during World War II. He was then called to duty to serve as an Air Force Captain in Korea, after which he returned to Judge James Edmund Kemp farming in Banks, Miss. In 1960, he began his law career at Judge James Edmund Kemp, 88, of Jackson, died April 11, 2013. Alexander & Crews, subsequently with Thompson, Alexander & A graduate of Mississippi College School of Law, he was admit- Crews, and was practicing at Watkins & Eager. He was the former ted to practice in 1953. He served in the Pacific Theater with the president of the Hinds County Bar Association, the Mississippi United States Navy during WWII. He worked in the legal profes- Oil and Gas Lawyers Association, and the Jackson Central Lions sion for 60 years, serving as Commissioner for Mississippi’s Club. He was a charter member and former president of the River Worker’s Compensation Commission, Attorney for the State of Hills Tennis Club. A member of Galloway Memorial United Mississippi’s Insurance Department and as an Administrative Law Methodist Church since 1960, he served as financial commission- Judge for the Social Security Administration. In addition to his er, trustees chairman, and delegate to the annual conference. work in the legal field, Judge Kemp was a member of Hillcrest Baptist Church for almost 60 years, the Level Woods Exchange Archie Lewis Dickson, Jr. Club, and was one of the founders and served as the first Superintendent for Hillcrest Christian School. Archie Lewis Dickson, Jr., 96, of Baton Rouge, LA, died April 3, 2013. A graduate of the University of Mississippi School of Law, he was admitted to practice in 1942. On active duty in World War Lawrence B. Knight, Jr. II, he trained as a tank officer, glider pilot and air intelligence offi- Lawrence B. Knight, Jr., Jr., 73, of Raymond, died March 18, cer. He earned a Purple Heart as a glider pilot. During the second 2013. A graduate of Mississippi College School of Law, he was wave of the D-Day invasion, his glider was shot down at Sainte admitted to practice in 1977. He served 8 years in the United Mere Eglise. He successfully landed his men and equipment in States Air Force. The last 15 years of his career he worked as a spite of his leg wound. He retired as a 1st Lieutenant from the court monitor for Mothers Against Drunk Drivers. Army Air Corps. He lived in Gulfport where he practiced law and was a New York Life insurance agent. He was a member and Elder Ruffin Thomson Lowry of the First Presbyterian Church, the Gulfport Yacht Club, American Legion, National WW II Glider Pilots Association, Ruffin Thomson Lowry, 92, of Lafayette, LA, died March 19, Veterans of Foreign Wars, Great Southern Golf Club, Gulf Coast 2013. A graduate of the University of Mississippi School of Law, Life Underwriters Association and Young Men’s Business Club. he was admitted to practice in 1947. A native of Jackson, MS and a resident of Lafayette for most of his life, Ruffin Lowry attended

72 Spring 2013 The Mississippi Lawyer IN MEMORIAM the Marion Military Institute and served his country as a member practice in 1956. Shaw was a 50 Year Member. He was a member of the United States Air Force during WWII, having received a of Raymond Presbyterian Church. Shaw was a member of the Purple Heart. He was enlisted in 1942 as a Sgt. with the China Experimental Aircraft Association. Burma India Air Force. He moved to Lafayette to work in the oil- field as a landman. He was the owner of Mar-Low Corp. and PE Jessica S. Upshaw Rentals, Inc. and a member of the Lafayette Association of Professional Landmen. Lowry was a member of Ducks Unlimited. Jessica S. Upshaw, 53, of Diamondhead, died March 24, 2013. A He was a member of the Petroleum Club of Lafayette. graduate of the University of Mississippi School of Law, she was admitted to practice in 1984. She practiced law with firms in Winona and on the MS Gulf Coast prior to starting her own law James Martin McCarthy, Sr. practice specializing in worker’s compensation. Elected to serve in James Martin McCarthy, Sr., 75, of Gulfport, died March 9, 2013. the Mississippi House of Representatives in 2004, she represented A graduate of Mississippi College School of Law, he was admit- House District 95, including Hancock and Harrison counties. She ted to practice in 1967. He served his country as a Lieutenant in held various committee assignments and leadership positions dur- the United States Navy and was stationed in Okanawa, Japan. He ing her tenure with the House including Chair of the House con- was a partner in the former law firm of Bryant and Stennis and servation and Water Resources Committee. She was a leader in the retired as manager of contracts and insurance for the Mississippi Mississippi Gulf Coast’s recovery from both Hurricane Katrina Power Company. He was a member of St. James Catholic Church, and the BP Oil Spill. She was active in the Daughters of the the Gulfport Yacht Club and the Men’s Daily Tennis Group of the American Revolution, the Colonial Dames, the P. E. O. Sisterhood, Gulf Coast Tennis Club. During his lifetime, he served as President and Cursillo. Upshaw was a member of First United Methodist of the St. James Parish Council and was a member of the Knights Church in Gulfport. of Columbus, Gulfport Rotary Club, Broadwater Country Club, Bayou Bluff Tennis Club and the Edison Electric Institute. James William Warren, Jr. James William Warren, Jr., 65, of Holly Springs, died March 18, Hushel Lamar Moss 2013. A graduate of the University of Mississippi School of Law, Hushel Lamar Moss, 87, of Raleigh, died March 30, 2013. A grad- he was admitted to practice in 1972. He served as a First and uate of Mississippi College School of Law, he was admitted to Second Lieutenant of the United States Army, Military Police practice in 1975. He served in the United States Navy, Atlantic Corps and as an Armored Calvary Officer and Executive Officer Fleet during World War II. A lifelong cattle and timber farmer, in the Mississippi National Guard. He began practicing law in Moss began his public service career in 1956 as a member of the 1975 at his firm of Warren and Jones. He served as Holly Springs Mississippi State Senate representing Smith and Rankin Counties. Municipal Judge, attorney for the Marshall County Board of He served on the State Building Commission from 1958 to 1960. Supervisors and legal advisor for the Marshall County Sheriff’s He served seven terms as Chancery Clerk of Smith County from Department. He served as an Assistant U.S. Attorney for the 1964 to 1992 and was a two-time president of the Mississippi Northern District of Mississippi and acted as chief of the Asset Chancery Clerks Association. He was a member of many positions Forfeiture Unit, Criminal Division and District Office Security of state and local government, including the East Central Planning Manager. Since retiring from the U.S. Attorney’s Office, he has & Development District, American Legion, and Raleigh Area been an Investigator with the Marshall County Sheriff’s Chamber of Commerce. Moss was a member of the Mississippi Department. He was a member of Christ Episcopal Church, presi- State University Alumni Association, Patron of Excellence. He dent of the Advisory Board for the School of Applied Sciences at was a lifelong member of Raleigh United Methodist Church, he the University of Mississippi, former President of the Holly was a delegate to the Mississippi Annual Conference and an adult Springs Rotary Club and a member of the Oxford Rotary Club and Sunday school teacher for many years. a Paul Harris Fellow. For over 45 years, he served as a volunteer with the Holly Springs Volunteer Fire Department. He was hon- ored by the Ole Miss legal Studies Department with the 2006 Joan Sylvester Ratliff Alumni Meritorious Service Award and the 2007 Outstanding Joan Sylvester Ratliff, 81, of Jackson, died March 23, 2013. A grad- Criminal Justice Alumni. uate of Mississippi College School of Law, she was admitted to practice in 1980. She taught junior and senior high school for sev- Miliford Ambrose Weaver eral years in Jackson. She worked as a Staff Attorney for the United States Department of Veterans Affairs for 25 years. She was a char- Miliford Ambrose Weaver, 84, of Lucedale, died January 31, 2013. ter member of Northminster Baptist Church, where she sang in the A graduate of Mississippi College School of Law, he was admit- choir, served on many committees, and taught Sunday School. ted to practice in 1975. He was a four year veteran of the United States Navy during the Korean Conflict. Weaver served as a hos- pital volunteer for many years at George Regional Hospital, where George Ellis Shaw, Jr. he was named Volunteer of the year in 1988. He was a long time George Ellis Shaw, Jr., 81, of Raymond, died February 12, 2013. A member of Lucedale Golf and Recreation. graduate of Mississippi College School of Law, he was admitted to

The Mississippi Lawyer Spring 2013 73 LAWYERS HELPING LAWYERS Forget Cowbell, We Need More “We” We admitted… We came to believe… …as we understood… – Alcoholics Anonymous “The Big Book”

One of the things people often notice come to the aid of others are also growing interests, but collectively representing the when they first look at the 12 Steps is that from the sharing of another’s burdens. whole. We respond to communities dev- all of them are stated from the perspective It is my deep belief that for all the self- astated by natural disasters. We celebrate of “we”. Those two little letters speak to help, pharmaceutical, and therapeutic the victories, and comfort the defeated. inclusivity, camaraderie, support, encour- interventions available, there is none that We build bridges, communities, and the agement, and power; things that those surpasses the developmental and restora- law. We are the bench and bar in struggling to find recovery desperately tive power of community. Many times in Mississippi; we build a healthy bench and need. Before I lose any of those reading treatment settings, I’ve heard, “If there is bar. this, let me say “We” isn’t important to a problem in me, the solution is in ‘we’”. If you’re standing along, and looking only those in, or trying to find “recov- How true, but again it also holds in the for an opportunity to support others, or ery”. Every time people gather in places broader community. Rarely do we see you need support yourself, take that of worship, attend the Rotary Luncheon, one person effect significant change. seemingly treacherous first step. Reach or the Junior League working lunch, they Certainly we can all point to courageous out; an introductory handshake, a phone honor and celebrate community. Stated individuals throughout history who have call or email to “catch up”, or (dare I say another way, they practice “We”. been the spark for great things. In most it) a Facebook account could be just the An old truism holds that there is cases, however, their individual causes thing to bring you to what you need. If strength in numbers. This becomes survived and flourished, because they you need further assistance, please con- immediately apparent as we observe vol- were able to bring others on board. Then tact me or an LJAP volunteer in your unteers rushing in to help victims after like Arlo Guthrie said, “It’s a movement.” area. the tornado, the bomb blast, or the loss of When World War II paratroopers leapt a dear one. Though the involvement of from planes over Europe they yelled, For Confidential Help others doesn’t necessarily relieve the “Currahee!” Their motto was taken from pain, you can almost see what those vic- the Cherokee language meaning, “We Call The Lawyers and Judges tims feel. At once they seem to shrink stand alone together.” How great is that? Assistance Program. from release and grow with the bolstering It almost sounds like a healthy legal com- force of support. Moreover, those who munity, each standing for their individual 1.800.593.9777

74 Spring 2013 The Mississippi Lawyer CLE Calendar of Events The following live programs have been approved by the Mississippi Commission on Continuing Legal Education. This list is not all-inclusive. For information regarding other programs, including teleconferences and online programs, contact Tracy Graves, CLE Administrator at (601)576-4622 or 1-800-441-8724, or check out our website, www.mssc.state.ms.us. Mississippi now approves online programs for CLE credit. For a list of approved courses, check the Calendar of Events on our website. For information on the approval process for these programs, please see Regulations 3.3 and 4.10 posted under the CLE Rules on our website or contact Tracy Graves at the numbers listed above. JULY 17-18 UM CLE “Summer MS Municipal Attorney’s 25 NBI “Advanced Family Law.” 6.7 credits. 1-5 UM CLE “Study Abroad Vienna, Austria.” Assn CLE.” 6.0 credits (includes ethics). Jackson, MS. Contact 715-835-8525. 12.0 credits (includes ethics). Vienna, Austria, Biloxi, MS, Beau Rivage. Contact 662-915- 25 NBI “The Medicare Super Lien & Other Liens University of Vienna. Contact 662-915-7283. 7283. Simplified.” 6.0 credits (includes ethics). 8-10 MS Bar “25th Annual Summer School for 18 Barristers Educational Services “Recent Gulfport, MS. Contact 715-835-8525. Lawyers.” 12.0 credits (includes ethics). Developments in MS Law.” 6.0 credits 25 MS Bar “2013 Bridge the Gap CLE Seminar.” Destin, FL, Linkside Conference Center, (includes ethics). Hattiesburg, MS. Contact 6.0 credits (includes 3.0 hours of ethics/pro- Sandestin Resort. Contact 601-353-1703, 1-800-874-8556. fessionalism). Jackson, MS, MS Sports Hall Kellie Freeman. 18 NBI “Litigating Government Liability of Fame. Contact 601-355-9226, Rene Garner. Claims.” 6.0 credits (includes ethics). 9 Your DUI Pro “Winning DUI Cases.” 6.0 25-26 UM CLE “CLE by the Hour.” 12.0 credits Jackson, MS. Contact 715-835-8525. (includes ethics). Tupelo, MS. Contact 208- (includes 2.0 ethics). Ridgeland, MS, 340-2933. 18 MC School of Law “CLE Marathon.” 6.0 Embassy Suites. Contact 662-915-7283. credits (includes ethics). Jackson, MS, MC 10 Your DUI Pro “Winning DUI Cases.” 6.0 26 MS Volunteer Lawyers Project “MVLP’s School of Law. Contact 601-925-7107, (includes ethics). Meridian, MS. Contact Annual Family Law CLE. 6.0 credits Tammy Upton. 208-340-2933. (includes ethics). Jackson, MS, MS Bar 18 NBI “Boot Camp: Foreclosures & Loan Center. Contact 601-960-9577. 10 Sterling Education Services, Inc. “Trust Workout Procedures.” 6.0 credits (includes 26 Barristers Educational Services “Recent Planning & Drafting Techniques.” 6.7 credits ethics). Jackson, MS. Contact 715-835-8525. (includes ethics). Jackson, MS. Contact 715- Developments in MS Law.” 6.0 credits 855-0495. 19 MC School of Law “CLE Marathon.” 6.0 (includes ethics). Jackson, MS. Contact 1- credits (includes ethics). Jackson, MS, MC 800-874-8556. 11 Your DUI Pro “Winning DUI Cases.” 6.0 School of Law. Contact 601-925-7107, 26 Prentiss County Bar “Annual Bench & Bar (includes ethics). Gulfport, MS. Contact 208- Tammy Upton. 340-2933. Seminar.” 6.0 credits (includes ethics). 19 UM CLE “Criminal Law Update.” 6.0 credits Pickwick, MS, Pickwick Yacht Club. Contact 11 Barristers Educational Services “Patents, (includes ethics). Biloxi, MS, Beau Rivage. 662-728-2131, Tommy Cadle. Trademarks & Copyrights.” 6.0 credits Contact 662-915-7283. 26 MS Center for Legal Services Corp “MCLS’s (includes ethics). Cleveland, MS. Contact 1- th 800-874-8556. 19 Barristers Educational Services “Family Law 30 Annual CLE Seminar.” 6.0 credits in MS.” 6.0 credits (includes ethics). Jackson, (includes ethics). Hattiesburg, MS, Jackie 12 UM CLE “Supreme Court Fantasy League MS. Contact 1-800-874-8556. Dole Sherrill Community Center. Contact with Sean Carter.” 3.0 credits (includes 601-545-2950, Virginia Hales Brown. ethics). Ridgeland, MS, Embassy Suites. 19 Lorman Business Center “Sales & Use Tax.” Contact 662-915-7283 6.7 credits. Jackson, MS. Contact 715-833- 26 NBI “The Medicare Super Lien & Other Liens 3970. Simplified.” 6.0 credits (includes ethics). 12 UM CLE “Lies, Damn Lies & Legal Jackson, MS. Contact 715-835-8525. Marketing with Sean Carter.” 3.0 credits 22 NBI “Construction Defect Litigation from A- (includes ethics). Ridgeland, MS, Embassy Z.” 6.0 credits (includes ethics). Gulfport, 29 Barristers Educational Services “Basic Wills Suites. Contact 662-915-7283 MS. Contact 715-835-8525. & Trusts Drafting in MS.” 6.0 credits 23 NBI “Construction Defect Litigation from A- (includes ethics). Jackson, MS. Contact 1- 12 Your DUI Pro “Winning DUI Cases.” 6.0 Z.” 6.0 credits (includes ethics). Jackson, 800-874-8556. (includes ethics). Jackson, MS. Contact 208- MS. Contact 715-835-8525. 29 NBI “The Probate Practice from Start to 340-2933. 23 NBI “Ethics & Social Media: What Attorneys Finish.” 6.7 credits (includes ethics). Tupelo, 12 Barristers Educational Services “Famous Need to Know.” 3.0 ethics credits. Jackson, MS. Contact 715-835-8525. Lawyers & Famous Clients.” 6.0 credits MS. Contact 715-835-8525. 26 NBI “Advanced Workers Compensation.” 6.0 (includes ethics). Jackson, MS. Contact 1- credits (includes ethics). Jackson, MS. 800-874-8556. 23 Barristers Educational Services “Recent Developments in MS Law.” 6.0 credits Contact 715-835-8525. 16 Federal Bar Assn / MS Chapter “Southern (includes ethics). Clarksdale, MS. Contact 1- 29-30 UM CLE “Basic Mediation Skills Training.” District Practice & Procedure: Tips from the 800-874-8556. 14.0 credits (includes ethics). Oxford, MS, Bench on Civil and Criminal Practice.” 1.0 23 MS Volunteer Lawyers Project “MVLP & Yerby Conference Center. Contact 662-915- ethics credit. Jackson, MS. Contact 601-925- 7283. 7192. Harrison County Bar Assn & Harrison County Young Lawyers Assn CLE & Legal Clinic. 4.0 29-02 Children’s Advocacy Centers of MS “Child 16 Barristers Educational Services “Recent credits. Gulfport, MS. Contact 601-960- First Forensic Interview & Court Preparation Developments in MS Law.” 6.0 credits 9577. Training,” 18.0 credits. Oxford, MS. Contact (includes ethics). Natchez, MS. Contact 1- 601-940-6183. 800-874-8556. 24 Barristers Educational Services “Recent Developments in MS Law.” 6.0 credits 30 Barristers Educational Services “Basic Wills 17 Barristers Educational Services “The (includes ethics). Oxford, MS. Contact 1- & Trusts Drafting in MS.” 6.0 credits Litigator’s Guide to Technology & Social 800-874-8556. (includes ethics). Oxford, MS. Contact 1- Media.” 6.0 credits (includes ethics). 800-874-8556. Gulfport, MS. Contact 1-800-874-8556. 25 Barristers Educational Services “Recent Developments in MS Law.” 6.0 credits 30 NBI “The Probate Practice from Start to 17 NBI “Boot Camp: Foreclosures & Loan (includes ethics). Starkville, MS. Contact 1- Finish.” 6.7 credits (includes ethics). Workout Procedures.” 6.0 credits (includes 800-874-8556. Jackson, MS. Contact 715-835-8525. ethics). Tupelo, MS. Contact 715-835-8525.

The Mississippi Lawyer Spring 2013 75 BRYAN, NELSON, SCHROEDER, The Law Office of CASTIGLIOLA & BANAHAN, PLLC HICKMAN, GOZA & SPRAGINS, PLLC is pleased to announce that is pleased to announce that JESSICA BANAHAN MCNEEL JASON R. HOLLINGSWORTH has become a member of the firm has become its newest associate

Vincent J. Castigliola, Jr. Of Counsel OXFORD OFFICE John A. Banahan Ernest R. Schroeder 1305 Madison Avenue H. Benjamin Mullen* Post Office Drawer 668 Matthew E. Perkins E.S. Ned Nelson Oxford, Mississippi 38655 Jessica B. McNeel 1928 - 1985 Telephone: 662-234-4000 Betty Caroline Castigliola www.hickmanlaw.com Calen J. Wills John F. Bryan, III 1915 - 1994 MEMPHIS HERNANDO 119 South Main Street, Suite 500 115 West Center Street *also admitted in Alabama Post Office Box 16340 Hernando, Mississippi 38632 Memphis, Tennessee 38186 Office: 901-881-9840 1103 Jackson Avenue Office: 901-881-9840 Post Office Drawer 1529 Pascagoula, Mississippi 39568-1529 MADISON Telephone: 228-762-6631 115 Homestead Drive Facsimile: 228-769-6392 Madison, Mississippi 39110 www.bnscb.com Office: 601-853-1774

The Law Office Of The Law Office Of

JAMES G. MCGEE JR., PLLC JAMES G. MCGEE JR., PLLC

would like to congratulate Is pleased to welcome the addition of

VINCENT MICHAEL MAZZONE VINCENT MICHAEL MAZZONE

for passing the and

Mississippi Bar Examination WILLIAM MATTHEW BURCH

125 South Congress Street, Capital Towers, Suite 1240 125 South Congress Street, Capital Towers, Suite 1240 Jackson, Mississippi 39201 Jackson, Mississippi 39201 Telephone: 601-965-6157 Telephone: 601-965-6157 Facsimile: 601-965-6166 Facsimile: 601-965-6166 www.mcgeetaxlaw.com www.mcgeetaxlaw.com

76 Spring 2013 The Mississippi Lawyer SCOTT CORLEW

is pleased to announce the opening and formation of

CORLEW LAW FIRM

MITCHELL, MCNUTT & SAMS, P.A. SCOTT CORLEW Attorney at Law is pleased to announce 3106 Canty Street Pascagoula, Mississippi 39568 THE HONORABLE DAVID W. HOUSTON, III Post Office Box 808 Telephone: 228-202-5176 former U.S. Bankruptcy Judge, Facsimile: 228-202-5177 Northern District of Mississippi

has joined the firm in its Tupelo office PHELPS DUNBAR LLP

MITCHELL, MCNUTT & SAMS, P.A. is pleased to announce that Attorneys at Law STEVEN BLAKE ADAMS Columbus, Corinth, Oxford and Tupelo, Mississippi and Memphis, Tennessee has joined the firm’s health care practice www.mitchellmcnutt.com in our Tupleo office.

PHELPS DUNBAR LLP One Mississippi Plaza 201 South Spring Street, Seventh Floor Tupelo, Mississippi 38804

Baton Rouge – Gulfport – Houston – Jackson – Mobile New Orleans – Raleigh – Tampa – Tupelo - London

phelpsdunbar.com

MICHAEL L. FONDREN BARNES LAW FIRM, P.A. Attorney at Law

takes pleasure in announcing that is pleased to announce a new associate

JAMES WILLIAMS “WILL” JANOUSH, J.D., LL.M. KATY E. FULGHUM

has become an associate of the firm Auburn at Montgomery, B.A. (2009) Thomas Goode Jones School of Law, J.D. (2012) 5 River Bend Place Suite A 906 Convent Avenue Flowood, Mississippi 39232 Pascagoula, Mississippi 39567 Telephone: 601-981-6336 Telephone: 228-762-5110 Facsimile: 228-769-5110

The Mississippi Lawyer Spring 2013 77 CLASSIFIED ADVERTISING

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Forensic 1109 North 4th Street CONSTRUCTION EXPERT Document Examiners; Amer. Society Ques- Monroe, LA 71201 Over 35 years experience. Completed 100’s tioned Document Examiners. 318-322-0661 of projects. Hands on in every aspect of con- struction. Currently have residential and com- EXPERT WITNESS www.robertgfoley.com mercial construction companies licensed and Premise Liability • Security Negligence Scientific Examination of Handwriting, operating in Mississippi. Will save you time and Police Practices & Policies Typewriting, Ink and Paper Analysis, Dating, money by helping develop your case; Former police chief with more than thirty-five Copies and other Related Document Problems. Consulting, Testimony, Estimating, Cost analy- years of experience in law enforcement, correc- Diplomate: American Board of Forensic sis, Inspections & Investigations. I have a tions and security available for consultation on Document Examiners, Inc. mechanical engineering background. premise liability, security procedures, training Experienced with Member: American Society of Questioned and police practices. Federal and state court Accidents – Deaths, Slip & Fall qualified. Document Examiners Defects & Disputes – Various kinds Robert L. Johnson, MPA American Academy of Forensic Sciences Cost overruns & Over drawn jobs RL Johnson & Associates, LLC Education: BS, MS, MA, J.D. Foundations – Expansive soils, Movements P.O. Box 23122, Jackson, MS 39225 Drainage – Foundation effect 601-982-1177 • [email protected] Qualified and Experienced Expert Witness in Contract Disputes Federal, State, Municipal and Military Water intrusion – mold, rot SENIOR STAFF ATTORNEY Courts. Have worked cases involving The Mississippi Commission on Judicial Perfor- Apartment complexes mance is accepting applications for Senior Staff Certified Pesonal Casinos Attorney. This position is located in Jackson. Property Appraisers Convenience stores Maximum salary is $81,500 plus benefits Churches Certified, Bonded, Insured, and Photo depending upon qualifications and depth of Hospitals Documented Appraisals for Legal require- experience. This position requires membership Hotels in The Mississippi Bar; at least 6 years of prac- ments. Divorce, acquisisions, insurance, bank- Restaurants ruptcy, IRS, courts. Household goods, furni- tice within the State of Mississippi; strong skills Residences in analyzing complaints, directing investigations ture, works of art, vehicles, trucks, vans, boats, Contact: Jodie Morgan and litigation. The successful candidate should guns, antiques, jewelry, airplanes, atv’s, paint- J Morgan Consulting, LLC have a serious interest in judicial and legal ings, rugs, furs, farm equipment, electronics, PO Box 1303 Madison, MS 39130 ethics; be willing to deal with complex situations appliances, restaurants, tractor trailers, business 601 856-2089 [email protected] involving the conduct of judicial officers and inventories, construction, medical. www.jodiemorgan.com must have maintained an exemplary conduct Nick Clark, CAGA REFERENCES AVAILABLE record as an attorney. This position requires 601-317-2536 strong verbal and clear writing skills. It is pre- Statewide Service - Court Approved Turn assets into cash. ferred that the person selected have experience in legislative interaction and public speaking. Clark Auctions can turn your client’s real estate, Candidates may be asked to submit letters of Research, memoranda, briefs by business and personal assets into cash in 30 reference sent directly to the Commission from experienced Mississippi attorney days or less. Professional auctioneer/liquidator the references. Candidates may be asked to See website at gleasonlegalresearch.com is licensed in MS and FL. State wide service. submit releases to the Commission for back- Lawsuits, divorce, buy/sell, estates and bank- ground and bar disciplinary inquiries. Resumes Don Gleason, Sr. ruptcy. Full service. We handle every detail. Phone 662-202-4441 will be accepted until July 31, 2013 and should Nick Clark Auctioneer/Real Estate Email: [email protected] be delivered to: Mississippi Commission on Broker/Appraiser. Website: www.gleasonlegalresearch.com Judicial Performance, 660 North Street, Suite 601-317-2536 www.nickclarkauctions.com 104, Jackson, MS 39202.

78 Spring 2013 The Mississippi Lawyer

Presorted Standard U.S. Postage PAID Jackson, MS P.O. Box 2168 Permit No. 105 Jackson, MS 39225-2168