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July 2018Lawyer | Volume 79, Number 4 T h e AlabamaJuly 2018Lawyer | Volume 79, Number 4 LLL Alabama Lawyers’ Hall of Fame Efforts to Protect Seniors and Alabama’s Daubert Page 242 Other Vulnerable Adults from Amendment: An Overview of Financial Exploitation The Current State of the Page 246 Law and Resources for the Practitioner Page 254 Invoice Payme t YOUR LOGOO Payment Detail Amount Your Law Firm 1234 Main Street $ 500.00 Anytown, TX 12345 512-555-1234 [email protected] Card Information www.yourlawfirm.com Name on Card Roy Smith Card Number 5555 5555 5555 5555 Exp. PAY ATTORNEY August 2020 EASY FOOR YOURR CLIENTTS, A NO-BRAINERNER FORR YOUR FIRM. SECUREETGFKV ECTF RTQEGUUKPIHQT NCY ƂTOU IOLLTTTAA COMPLIANTCOMPLIANT THE PREFERRED CHOICE For more than a decade, LawPay has been the go-to #RRTQXGF/GODGT $GPGƂV solution for the legal industry. Our simple online payment of 47 STTAAATETE BARSB solution helps lawyers get paid faster. LawPay lets you attach a secure payment link to your email, website, or 6TWUVGFD[ QXGT invoices so that clients can pay with just a click. Our 50,000NCY[GTU solution was developed specifically for law firms, so earned and unearned fees are properly separated and your IOLLTTTAA is always protected from any third-party 2QYGTKPIRC[OGPVU HQT debiting. Simply put, no online payment processor has 30+ TOP PRAACTICE more experience helping lawyers than LawPay. MANAGEMENT SOLUTIONS Contact our legal paymentment experts at Barr-Appr-Approved Member Benefit 877-591-1627 or visit lawwpayy.com/alabar.com/alabar LawPay is a registered ISO of Citizens Bank, N.A. c o l u m N s President’s Page T h e 236 JulyAlabama 2018 | Volume 79, Lawyer Number 4 Important Notices 239 Executive Director’s Report 240 From the Office of General Counsel On The Cover 268 Sunset at Terry Cove, Baldwin County, Alabama. Disciplinary Notices 270 –Submitted by an Alabama State Bar member Memorials 274 FeaTure arTicles Legislative Wrap-Up Alabama Lawyers’ Hall of Fame 280 242 The App ellate Corner Efforts to Protect Seniors and Other 288 Vulnerable Adults from Financial Exploitation By Joshua D. Jones and W. Preston Martin 246 About Members, Among Firms Alabama’s Daubert Amendment: An Overview of the Current 298 State of the Law and Resources for the Practitioner By Terrence W. McCarthy and Brooke G. Malcom 254 Gregory H. Hawley, Birmingham ........................Chair and Editor [email protected] Wilson F. Green, Tuscaloosa ........Co-Chair and Associate Editor, The Leadership Forum: [email protected] Jonathan C. Hill (Rudy), Montgomery........................Vice Chair and Focus on Personal Mindset Intentionality and Awareness Associate Editor, [email protected] By Edward M. Patterson Allison O. Skinner, Birmingham....... Chair and Editor 263 Addendum [email protected] Linda G. Flippo, Birmingham.............. Vice Chair and Addendum Associate Editor, Lawyers Render Service: [email protected] Record Donations for Regional Food Banks By Jeanne Dowdle Rasco 277 facebook.com/AlabamaStateBar BOard Of EdiTOrs: Melanie M. Atha, Birmingham • J. Pratt Austin-Trucks, Wetumpka • Marc J. Ayers, Birmingham • G. Glasco @AlabamaStateBar Baxter, Tuscaloosa • Joseph K. Beach, Atlanta • Jennifer M. Bedsole, Birmingham • D. Edgar Black, Muscle Shoals • Henry L. Cassady, Jr. (Max), Evergreen • W. Lloyd Copeland, Mobile • Joi T. Christoff, Montgomery • Ashley H. DeGaris, Birmingham • Aaron L. Dettling, Hoover • Christie Lyman Dowling, Birmingham • Jesse P. Evans, III, Birmingham • Kira Y. Fonteneau, Birmingham • Sara @AlabamaStateBar Anne Ford, Birmingham • Leigh K. Forstman, Birmingham • Hon. William R. Gordon, Montgomery • Steven P. Gregory, Birmingham • Amy M. Hampton, Alexander City • Sarah S. Johnston, Montgomery • Margaret H. Loveman, Birmingham • Mignon A. Lunsford, Mobile • Jennifer Brooke Marshall, The Woodlands, TX • J. Bradley Medaris, Montgomery • Allen P. Mendenhall, Montgomery • Rachel L. Miller, Montgomery • Anil A. Mujumdar, Birmingham • Blake L. Oliver, Opelika • Rebecca D. Parks, Mobile • William F. youtube.com/TheAlabamaStateBar Patty, Montgomery • Sherrie L. Phillips, Montgomery • Katherine T. Powell, Birmingham • Julie H. Ralph, Baton Rouge • Preston Y. Alabama Lawyer Register, Dothan • Tracy L. Richards, Mobile • Christopher E. Sanders, Montgomery • J. Beren Segarra (Ben), Mobile • Joel P. Smith, Jr., Eufaula • Marc A. Starrett, Montgomery • Mary H. Thompson, Mountain Brook • M. Chad Tindol, Tuscaloosa • Jason B. Tompkins, flickr.com/AlabamaStateBar T h e Birmingham • Henry J. Walker, Jr., Birmingham • Stephen A. Walsh, Birmingham • W. Gregory Ward, Lanett • David G. Wirtes, Jr., Mobile • Barr D. Younker, Jr., Montgomery 233 www.alabar.org OffiCErs and ExECuTivE COunCil adVerTisers Sam W. Irby, Fairhope..................................................President ALABAMA STATE BAR Christina D. Crow, Union Springs.......................President-elect 415 Dexter Avenue Augusta S. Dowd, Birmingham............................Past President Montgomery, AL 36104 Tazewell T. Shepard, Huntsville ..........................Vice President Alabama Court Reporting, Inc.........231 Phillip W. McCallum, Montgomery.............................Secretary (334) 269-1515 • (800) 354-6154 Frederick G. Helmsing, Jr., Mobile .............Ex Officio Member FAX (334) 261-6310 Monet M. Gaines, Montgomery ....................Executive Council Alabama Legal & Investigative Jana Russell Garner, Selma ...........................Executive Council www.alabar.org T. Thomas Perry, Jr., Demopolis....................Executive Council Rachel L. Miller, Montgomery...Young Lawyers’ Section President Services, Inc. ................................238 ALABAMA STATE BAR STAFF Executive Director..............................Phillip W. McCallum BOard Of Bar COmmissiOnErs Administrative Assistant.................Katherine L. Church 1st Circuit, Halron W. Turner, Chatom • 2nd Circuit, J. Levi Nichols, Luverne • 3rd Circuit, Courtney R. Potthoff, Eufaula • University of Alabama LLM ...........237 Communications Coordinator .........................Alex Rice 4th Circuit, Jana Russell Garner, Selma • 5th Circuit, Larry W. Director of Personnel and Operations ..............Diane Locke Morris, Alex City • 6th Circuit, Place No. 1, Terri Olive Tomp- Assistant Executive Director...............Edward M. Patterson kins, Tuscaloosa; Place No. 2, Scott Bradley Holmes, Tuscaloosa Attorneys Insurance • 7th Circuit, William H. Broome, Anniston • 8th Circuit, Emily Administrative Assistant for External Relations L. Baggett, Decatur • 9th Circuit, Dana Grimes, Ft. Payne • 10th Mutual of the South......................230 and Projects ...................................Mary Frances Garner Circuit, Place No. 1, James M. Terrell, Birmingham; Place No. 2, Director of Digital Communications..........J. Eric Anderson John A. Smyth, Birmingham; Place No. 3, Barry A. Ragsdale, Birmingham; Place No. 4, Robert G. Methvin, Jr., Birmingham; Director of Information Technology........Dolan L. Trout Place No. 5, LaBella S. Alvis, Birmingham; Place No. 6, Michael Cain & Associates Engineers........287 Information Systems Manager..............O. Hunter Harris D. Ermert, Birmingham; Place No. 7, Allison O. Skinner, Birm- ingham; Place No. 8, Brannon J. Buck, Birmingham; Place No. 9, Digital Communications Content Manager........................ Erik Stephen Heninger, Birmingham • Bessemer Cutoff, Ken- Director of Publications..................Margaret L. Murphy Coker Forensics............................271 neth Moore, Bessemer • 11th Circuit, Ralph E. Holt, Florence • Director of Admissions and 12th Circuit, Carmen F. Howell, Enterprise • 13th Circuit, Place No. 1, Charles Zackery Moore, Mobile; Place No. 2, Frederick G. Attorney Licensing...................................Justin C. Aday Helmsing, Jr., Mobile; Place No. 3, William R. Lancaster, Mo- Davis Direct......................................283 Administrative Assistants..............................Sonia Douglas bile; Place No. 4, Bryan E. Comer, Mobile; Place No. 5, James Cathy Sue McCurry Rebarchak, Mobile • 14th Circuit, Charles C. Tatum, Jr., Jasper • 15th Circuit, Place No. 1, George R. Parker, Montgomery; Place Katherine Etheredge No. 2, Patrick L.W. Sefton, Montgomery; Place No. 3, J. Flynn J. Forrester DeBuys, III ................287 Director of Finance..........................................Merinda Hall Mozingo, Montgomery; Place No. 4, C. Gibson Vance, Mont- Financial Assistant .........................................Kristi Neal gomery; Place No. 5, Jeffery C. Duffey, Montgomery; Place No. 6, David Martin, Montgomery • 16th Circuit, Bradley W. Cornett, Graphic Arts Director/ Gadsden • 17th Circuit, T. Thomas Perry, Jr., Demopolis • 18th The Finklea Group ...........................296 Building Superintendent .......................Roderick Palmer Circuit, Place No. 1, William Randall May, Birmingham; Place Receptionist ............................................Stephanie Oglesby No. 2, Mark S. Boardman, Chelsea; Place No. 3, Anne Malatia Glass, Birmingham • 19th Circuit, Robert L. Bowers, Jr., Clanton Director of Service Programs .................Laura A. Calloway Freedom Court Reporting................299 • 20th Circuit, R. Cliff Mendheim, Dothan • 21st Circuit, J. Kirk- SP Administrative Assistant ......................Kristi Skipper man Garrett, Brewton • 22nd Circuit, Manish H. Patel, Andalusia Lawyer Referral Service Representative........John Dunn • 23rd Circuit, Place No. 1, Tazewell T. Shepard, Huntsville; Place No. 2,
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