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JANUARY 2010 • VOL. 71, NO. 1 44726-1 Alabar.Qxd:Layout 1 1/21/10 3:45 PM Page 2 44726-1 AlaBar.qxd:Layout 1 1/21/10 3:45 PM Page 1 JANUARY 2010 • VOL. 71, NO. 1 44726-1 AlaBar.qxd:Layout 1 1/21/10 3:45 PM Page 2 Finding Malpractice Insurance Does Not Have To Be A Trip Through Trouble ,d Waters! - Call AIM. We Tak,e the Bite Out of the Process. Atto :rneys lnsu ranee Mutual Telep hone (205) 980-0009 of Alabama, Inc. Tdl l Free (800) 526- 1246 200 Inverness Parkway FAX (205) 980-9009 Birmingham, Alabama 35242.-4813 '"A• Mutua l l11sllrance Company Orga rnized by and forr Alabama Attorneys" www.AttyslnsMut.com 44726-1 AlaBar.qxd:Layout 1 1/21/10 3:45 PM Page 3 ..... Relax. ALABAMA STATEBAR \i\'ant to kno,, more about he.Llthc \ cragc We can help you choosethe health for indi, idual ? insurance coverage that's right for you f' )f 3 tree quote\ 1s1t isi.,wn '" ·.com or 10 ppl} call I J S 1lcs l)ircct at l 888 I~I 1959 Learn more about the Aetna Advantage plans for Alabama State Bar Membersi Employees, and Eligible Family Members Cl Aetna• tw. a 'Widerange JI 011t Mern~r Anisunce ol affordabt'ehNith in~ plam, Program [MAP) pm'llldes.teiephone a«.es.s iMIIKling .OOVetAg" for c;i-ildren GN)I. 1:0lian~ di n, for comulut1on 11nd lmmllnWltion!l ar.ecowred 100pera«H. r~rr11lsm mmmunit)4J.ervkes 24 ho1.11rs. a da)I:. 1 d~s. a w.eei:. Bi!n!l'lt from na110nalni!'t.'Wad: ol physifians,hospitlits and dentt,ts.. Hea ll :,11 , g~ Lt.tK.1 t HSA (" I I... rJ .l Yourrates an be Youan pa)' for qtiallfied medlcal modified rfrom1he •lme-in whlfh you expenses WithIAJhadv.anta,ged funds.. got )'(MM'quote. h,ow-e<t,1errates from the Plea!!i!'conmlt your indepet1dl!!nm el'fedttH!odate aregtiarilllll!4!d l1!0I:10 finand.11adle'fsor before ,opemingan lnaea.ie for 12 months;In mos.tsliltes. lrl~ or rnaklnQan lnwestmen1.se lec1lon. R~HO ThiseitdusiVIII benefit,. •., 1 I No waiting p8'od to Ava lalJlwto M moon, allows you ·to order arecenprevMttve he (rotrtl~ phrfslc.als.l prnc,ipitjoM b)i phontt C!I' ne, iq 1~ or .amwal ~ G'IN eom c::cwera,ge. ITII ISI ALABAMA 1.11.1--- a di-tiis i r:rn of--- - INSURANCE SPECIALISTS, INC. tff.lt.w , 1.Ae11111Advan~ for incl¥idu.tb, 11111 and lhl- fiffll~ .- underMlllen by A.ecna IJlie We want you to know• lnsvr.!nte Coqian)' K1ly drid/ar thn:iuqtl .-. Dlil.-ol'-1.ldt:eo bl.lriu:E· lnnl .xi Adn.:i Int. (l\emtl. .,,,... l'I K>f1"IIMltn. ~Is NY civ,_ n 1 ~ group ol onit~ m., bt itl'Otblfora l'il"'IMdissw. group itti p111111,l'l'fomlit!orl M!Je(t 0(1\inge. Plans "'l)'IIH,l~,.o lftN!IQJ~Ing, 1-1NhJ1~ pill1I ~n ~ trid ~loot. ~ n Iv off ~h .JPMorg;:i._ Jnnl'tl.!IJONIllirfVtiQ!fl, Jnc.11 wbi · JY d PMo«J ._Olnl h!li. C20DIIMDIII Inc. W!NW.aetna CClffl 44726-1 AlaBar.qxd:Layout 1 1/21/10 3:45 PM Page 4 GLEALABAMA Advancing your practice Regis ,te 1r rnow fo r spr ing se,min1ar9 at , www.CLEa~abama.com Spring 2010 - - - -- - - - Calendar ~ [fJ ] LiveSem inars (I. I) OnlineSeminars JANUARY 2009 Alabama Update.: !Ethics L.Jpdatefrom the 15 Video , Replay of Alabama Update Tust:alaosl Alabama S1Bt-aBar 29 ProfesslonaJlsm S.'ml/ngh;Im 2009 Alabama Update: Tort Law Update FEBRUARY 60 F'ractlce Tips in 60 Minutesf 5 Banking ffirmlngham Assau1tarid Domestic\llo[ence, 12 Pre~ldMt's Day ~ Cress-Examination mWitnesses 19 elder Law Blrm1'0Qham 26 Workers' Compensation Bi:tminglrJm Estate Ta,cRetums MARCH E1hics of E-Disoovery Famlly Law ~ n Imm gration Law 26 Domestic. Practice 8imrlltghaJn How to Swallow an Bephant Managing Email APRIL Overloaa 23 E~Dfscovery Blrmingh8.m Read ng an Insurance Poley Tha Basics MAY RealEstate : Basic LoanCtosings 7/8 City & County Govamment D,mge8eat:.b Show MB the Money: Bills Out, Money ln & 21 ProfesslonaJlsm Bifmingham Accountlr19 for the Bottom Une Special Issues in AdminlstenngEstates Teleseminars Techno logy In Iha Courtroom: Benefits , Bllng & [l J Bloopors JANUARY The Representation of US MilimryMembers by the 13 Trust Admln isbation Civilian Bm 19 Defending Against IAS eoaecUoins,Part 1 Mt.at AppenateCourt Judges Want to See n a 20 Defending l\g)alnst IRS OoDecllons,Pat1 2 BMlef& Hear In Oral Arguments , 21 Ethics in ll'usctand Estate 1Plru1nng 2B Ethics of Workingwill, and Preparing Witnesses Workers; Ccmpensatioo : The Case Fron, Start to Finish Go to CLEalabama.comfo r 24/7 access to over 150 on1ine seminars and a fun listing1of availablel ive seminarsand teteseminars. THE IL!INIVIERSIT Y OF ALABAMA www.CLEalabama.com -SCHOOL OF LAW 44726-1 AlaBar.qxd:Layout 1 1/21/10 3:46 PM Page 5 On the JANUARY 2010 • VOL. 71, NO. 1 Cover From Power to Service: The Story of Lawyers in Alabama This commemorative book is a detailed chronicle of the In This Issue profession’s first 200 years in Alabama. Author Pat Boyd Rumore draws on a rich array of sources that bring to life both the internal history of the profession and its role in the legal and political life of the state. Here are stories of the legions of lawyers and judges who successfully 24 faced the challenges of their profession and created a ASB Fall 2009 Admittees powerful community of shared interests and commit- ments. The book will be available for purchase in 36 ASB Volunteer Lawyers Program 2009 Honor Roll February for $40. Proceeds go to the Alabama Law Foundation and the Bench and Bar Historical Society. 45 The VLP and the Thief By Pamela H. Bucy Departments 46 Book Review: Alabama Appellate Practice Guide 9 President’s Page “Thank You, Legal Services!” (1st edition, 2009) By Ed Haden 13 Reviewed by Judge R. Bernard Harwood Executive Director’s Report 48 What Kind of Bang Am I Getting for The Image of the Legal Profession My Buck with the LRS? and the Weather By Renee Avery 15 Important Notices Notice of Election and Electronic 50 Task Force to Examine Interest in Creating New Federal Balloting Alabama Lawyers’ Hall of Fame Court Practice Section Nomination Form 52 Judicial Award of Merit ASB Leadership Forum Amendment of Rules 16, 26, 33(c), By Edward M. Patterson 34, 45, and Form 51A, Alabama Rules of Civil Procedure, and 56 Creation of Commercial Litigation Docket in the Adoption of Rule 37(g), Alabama Rules of Civil Procedure Birmingham Division, Tenth Judicial Circuit 17 By Presiding Judge J. Scott Vowell Memorials 21 58 Piercing the Corporate Veil: Bar Briefs When is Too Much Fiction a Bad Thing? 23 Young Lawyers’ Section By Will Hill Tankersley and Kelly Brennan New Admittees, CLE and Pro Bono – Have We Left Out Anything? 64 Oops, It Happened Again: Inadvertent Disclosure under 79 Opinions of the New Federal Rule of Evidence 502 General Counsel By Wayne Morse, Jr. Third-Party Auditing of Lawyers’ Billings – Confidentiality Problems 68 Reliance, the Bachelor: Will Experience Answer the Open and Interference with Representation Questions of Reasonable Reliance? 85 Legislative Wrap-Up By Wilson F. Green The 2010 Legislature Begins 89 75 Twombly and Iqbal: The Effect of the “Plausibility” Disciplinary Notices Pleading Standard on Alabama Litigators 93 About Members, By J. Thomas Richie and Anne Manasco Dionne Among Firms The Alabama Lawyer 5 44726-1 AlaBar.qxd:Layout 1 1/21/10 3:46 PM Page 6 Robert A. Huffaker, Montgomery......................................Chair and Editor ALABAMA STATE BAR [email protected] 415 Dexter Avenue Linda G. Flippo, Birmingham ...................Vice Chair and Associate Editor [email protected] Montgomery, AL 36104 Brad Carr, Montgomery.......Staff Liaison and Director of Communications (334) 269-1515 • (800) 354-6154 [email protected] Margaret L. Murphy, Montgomery ..............................Staff Liaison and FAX (334) 261-6310 Publications Director Web site: www.alabar.org [email protected] Marcia N. Daniel.....................Communications & Publications Assistant ALABAMA STATE BAR STAFF [email protected] Executive Director ....................................Keith B. Norman Board of Editors Executive Assistant .....................................Diane Locke Gregory C. Buffalow, Mobile • Russell C. Buffkin, Mobile • Henry L. Cassady, Jr., Network Administrator............................Wayne Hughes Fairhope • Greg C. Cook, Birmingham • Katharine A.W. Coxwell, Monroeville • J. Mark Debro, Huntsville • Patrick C. Finnegan, Mobile • N. Chris Glenos, Computer Programmers...........................Dolan L. Trout Birmingham • C. Paige Goldman, Birmingham • Wilson F. Green, Tuscaloosa • Larry Pratt Trip Haston, III, Birmingham • Fred G. Helmsing, Jr., Mobile • Anne S. Hornsby, Scanning Operator .........................................Kristi Neal Tuscaloosa • Emily C. Marks, Montgomery • Reta A. McKannan, Huntsville • Timothy B. McCool, Carrollton • Derek F. Meek, Birmingham • William J. Moore, Web Administrator...................................Willie Murphy Jr., Enterprise • Richard D. Morrison, Montgomery • George R. Parker, Assistant Executive Director ..............Edward M. Patterson Montgomery • Gabrielle E. Reeves, Mobile • Christopher N. Smith, Montgomery Administrative Assistants ................................Rita Gray • John S. Steiner, Birmingham • Chad E. Stewart, Enterprise • James R. Marie Updike Turnipseed, Mobile • Aldos L. Vance, Birmingham • Mark T. Waggoner, Birmingham • John R. Wallis Birmingham • Tari D. Williams, Tuscaloosa Director of Regulatory Programs....................Angela Parks CLE Administrative Assistant.................Carol Thornton Officers CLE Regulatory Programs/PHV Assistant ..Cathy Sue McCurry Thomas J. Methvin, Montgomery.................................................................President Alyce M. Spruell, Tuscaloosa.............................................................President-elect Director of Communications
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