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GB Journal Oct99 trialtrial Techniquestechniques PREMISES LIABILITY • COMPULSORYOCTOBER CROSS-CLAIMS 1999 • SUMMER MEETING1 West (redefining citation)- new- 4C full 2 GEORGIA BAR JOURNAL Editorial Board WILLIAM WALL SAPP, Editor-in-Chief JENNIFER M. DAVIS, Managing Editor LYN K. ARMSTRONG DIANE BETH MELKIN ERIKA C. BIRG D. SCOTT MURRAY CHARLES M. CORK III MARISA A NNE PAGNATTARO October 1999 • Vol. 5 No. 2 O. WAYNE ELLERBEE AMELIA TOY RUDOLPH GEORGE W. FRYHOFER III JOHN M. SIKES JR. MICHAEL JABLONSKI JOHN SPANGLER III ANNE R. JACOBS JERRE B. SWANN JR. On the Cover: This issue takes a look at litigation, offering techniques to MICHELLE W. JOHNSON PAMELA Y. W HITE-COLBERT aid your performance in the courtroom. Photo by Richard T. Bryant. SARAJANE N. LOVE J. MICHAEL WIGGINS QUICK DIAL W. FRAY MCCORMICK CHARLES R. ADAMS III, ADVISOR Attorney Discipline ............... (800) 334-6865 ext. 720 (404) 527-8720 THEODORE HARRIS DAV I S JR., ADVISOR Consumer Assistance Program ...................................... (404) 527-8759 Conference Room Reservations ..................................... (404) 527-8712 Officers of the State Bar of Georgia Fee Arbitration ............................................................... (404) 527-8750 (ex officio members) Continuing Legal Education Transcripts ....................... (404) 527-8710 Diversity Program ......................................................... (404) 527-8754 RUDOLPH N. PATTERSON, MACON ETHICS Hotline .................................. (800) 682-9806 (404) 527-8741 President Georgia Bar Foundation/IOLTA .................................... (404) 527-8766 GEORGE E. MUNDY, CEDARTOWN Georgia Bar Journal ..................................................... (404) 527-8736 President-elect Lawyer Assistance Program ................ (770) 612-1122 (800) 327-9631 JAMES B. FRANKLIN, STATESBORO Law Practice Management ............................................. (404) 527-8773 Secretary Membership Records .................................................... (404) 527-8777 Meetings Information .................................................... (404) 527-8790 JAMES B. DURHAM, BRUNSWICK Treasurer Pro Bono Project ........................................................... (404) 527-8763 Professionalism .............................................................. (404) 527-8793 WILLIAM E. CANNON JR., ALBANY Sections .......................................................................... (404) 527-8774 Immediate Past President Unauthorized Practice of Law ....................................... (404) 527-8743 JOSEPH W. DENT, ALBANY Young Lawyers Division ............................................... (404) 527-8778 YLD President KENDALL S. BUTTERWORTH, ATLANTA HEADQUARTERS YLD President-elect 800 The Hurt Building • 50 Hurt Plaza • Atlanta, GA 30303-2934 ROSS J. ADAMS, ATLANTA (800) 334-6865 (404) 527-8700 FAX (404) 527-8717 YLD Immediate Past President Visit us on the Internet at www.gabar.org Editors Emeritus • (ex officio members) South Georgia Office THEODORE H. DAVIS JR., 1997-1999 244 E. Second St. (31794) • P.O. Box 1390 • Tifton, GA 31793-1390 L. BRETT LOCKWOOD, 1995-1997 (800) 330-0446 (912) 387-0446 STEPHANIE B. MANIS, 1993-1995 FAX (912) 382-7435 WILLIAM L. BOST JR., 1991-1993 Manuscript Submissions CHARLES R. ADAMS III, 1989-1991 The Georgia Bar Journal welcomes the submission of unsolicited legal manuscripts on topics of L. DALE OWENS, 1987-1989 interest to the State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should be DONNA G. B ARWICK, 1986-1987 10 to 12 pages, double-spaced (including endnotes) and on letter-size paper. Citations should conform to A UNIFORM SYSTEM OF CITATION (16th ed. 1996). Please address unsolicited manuscripts to: William Wall JAMES C. GAULDEN JR., 1985-1986 Sapp, Editor-in-Chief, Alston & Bird, One Atlantic Center, 1201 W. Peachtree St, Atlanta, GA 30309-3424. ERRY LACKSTOCK Authors will be notified of the Editorial Board’s decision following its next meeting. J B. B , 1984-1985 The Georgia Bar Journal welcomes the submission of news about local and circuit bar association STEVEN M. COLLINS, 1982-1984 happenings, Bar members, law firms and topics of interest to attorneys in Georgia. Please send news releases and other information to: Jennifer M. Davis, Managing Editor, 800 The Hurt Building, 50 Hurt Plaza, Atlanta, WALTER M. GRANT, 1979-1982 Georgia 30303; phone: (404) 527-8736. STEPHEN E. RAVILLE, 1977-1979 Layout and Design by Lenz Design & Communications, Inc. 119 E. Court Sq. #201, Decatur, Georgia ROBERT H. WALLING, 1975-1977 Publisher’s Statement Communications Committee The Georgia Bar Journal (SSN-0016-8416) is published six times per year (bi-monthly) by the State Bar of Georgia, 800 The Hurt Building, 50 Hurt Plaza, Atlanta, Georgia 30303-2934. © State Bar of Georgia WILLIAM E. CANNON JR., ALBANY 1999. One copy of each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to Chairperson non-members. Single copies: $6. Periodicals postage paid in Atlanta, Georgia. Opinions and conclusions expressed in articles herein are those of the authors and not necessarily those of the Editorial Board, Commu- DENNIS C. O’BRIEN, MARIETTA nications Committee, Officers or Board of Governors of the State Bar of Georgia. Advertising rate card will Vice-Chairperson be furnished upon request. Publishing of an advertisement does not imply endorsement of any product or service offered. POSTMASTER: Send address changes to same address. Staff JENNIFER M. DAV I S Disabilities Director of Communications If you have a disability which requires printed materials in alter- NIKKI HETTINGER CAROLINE SIRMON nate formats, please contact the ADA coordinator at (404) 527-8700 or Communications Coordinator Internet Coordinator (800) 334-6865. AMY MORLEY Administrative Assistant OCTOBER 1999 3 Lexis Nexis (It’s all about..) new 4C 4 GEORGIA BAR JOURNAL OCTOBER 1999 VOL. 5 NO. 2 Table of Contents Section News Litigation 69 Who’s Where Beginning and Ending: Build a Solid 70 Opening and Closing By Carrie L. Christie From the Attorney General 9 71 Cross-Examining Witnesses Book Reviews By S. Lester Tate III The Trial Lawyer’s Art 16 Reviewed by Robyn Ice Sosebee 72 Chronology: A Thinking Tool for Trial Success Professionalism GSU Holds Professionalism Orientation By Greg Krehel By Nikki Hettinger 22 40 74 Computer Animation: The Litigator’s In Memoriam Legal Ally By Carole Cox-Korn 76 28 Features Georgia Trial Reporter 77 Contempt of Court: A Lynching that Board of Governors Convenes in Amelia Sparked a Century of Federalism Island for Summer Meeting Bench & Bar in the U.S. Courts By Jennifer M. Davis 78 By Mark Curriden and Leroy Phillips 60 Law School News 32 ABA Honors Georgians During 1999 79 Annual Meeting in Atlanta Lawyer Discipline Legal Articles 64 80 NCCUSL Adopts Uniform Computer Law Practice Managment The Defense Attorney’s Ethical Response Information Transaction Act Still Not Networked? Why Not? to Ineffective Assistance of Counsel Claims 67 By Terri Olson By Michael Mears 82 40 Lawyer Assistance Program Compulsory Cross-Claims? Departments 83 By Luke A. Kill 48 From The President Notices What Have You Done for You Lately? Motion to Amend State Bar Rules Premises Liability for Criminal Attacks: By Rudolph N. Patterson Proposed Superior Court Rules Changes Same Crimes, New Law 6 By Gilbert H. Deitch Proposed Formal Advisory Opinions 54 From The Director Board of Governors Meeting Attendance The Winds of Change Continue to Blow Financial Institutions Approved as By Cliff Brashier Depositories for Attorney Trust Accounts 7 84 From the YLD President CLE Calendar Another Chance For YLD to Take a Bow 95 By Joseph W. Dent 68 Classifieds OCTOBER 1999 98 5 who received the Margaret Brent Award in recognition of her triumph WHAT HAVE YOU DONE over tremendous personal obstacles to become a leader and visionary for women in the profession. She is a FOR YOU LATELY? perfect example for all of us as to how we can take our own talents and the “tip of the iceberg.” use them to rise above our hardships Following that experience, I was or perceived station in life. Also Judge invited to attend the Georgia Indigent Phyllis Kravitch and Judge Dorothy Defense Council’s (GIDC) annual Beasley were honored with separate awards ceremony that honored three awards applauding their accomplish- outstanding individuals. Supreme ments and the trails they have blazed Court Justice Norman Fletcher was for women in the justice system presented the Harold G. Clarke Equal throughout their exemplary careers. By Rudolph N. Patterson Justice Award, in recognition of his As I have traveled and spoken at long-term commitment to the ensur- various meetings in the last three “Remember that my boy,” he rested is ing equal justice for all Georgians. months, the silence about what lawyers hand on my shoulder. “The wood with which Judge Glenda Hatchett, who recently are doing for their communities is we work has strength, it has beauty, it has retired as Chief Judge of the Fulton almost deafening. The local news resilience! If it is treated well, it will last many, County Juvenile Court, received the media of all types is either not aware of many years! If you build, build well. No job Gideon’s Trumpet Award for being a or chooses not to acknowledge the must be slackly done, no good material used strong and vocal advocate of juvenile tremendous amount of time and energy badly. There is beauty in building, but build to justice-recognizing the need for
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