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JULY 1991 Volume52, Number4 Pubillhld MYen &.mes• YN'" {lhe w,,enm issueis a lllr O"°'°')' '°""'Il>f The-= State Ba, , PO . Box 4158 , Momoome,y,Alabama 36101 . ON THE COVER: Attendeesof the 1991 AlabamaState Bar Annual Meeting can Pllono /205) 269 1515 FAX (205)269· 1501 expect informativesessions, enterlllining events and beautifulsunsets. Plwo bv J, II( Cu/er.Jr .. Hontgomuv Aootn A, Hutf3k11_ ...... ~·~·· .. -·~·--- Edito, SusanShlt0ci\ OctPAOf• ...... Assodate Editor Matg•ta1 Mu,phy,,.,,...... ManaglngEdito r INSIDE THIS ISSUE: lo a,CIol CdilOf'e The Needfor Tax Reform in Ala.bama Gft;O!J H Ha#lty, o.tffliln01'111,,,• W . Gteg WNd, Ult!t!S • Kelltl8 NonnM, MQ!llgOm,Wy• Jonn J, Ccifem;in, J,,. Oll'ff'!> By C.C. Torbert,Jr ...... 189 lf'IGha,n• Ho11 ~ Mlddo) , Mo,11Q0,1.. ,y •Carol H. Sww¥t. Then eedfor t ax reformremains a critical matterof legislatl~ concern. 8mlin;fllffl,....-,c.ioo • "'"' MclnlY'•eon,,,,,,_, Blrmlngh;int • cr.,y...... ,.,..._ ~.. M*l• • ,\nclrP P C.m DOe!I. a,,m.,..Ql\ar"t• w Sc:uf• Sexual Harassment In the Workplace a.,-.. " •°"'°"City • ~ A. .a.. e..:•v.m · MICN4f l Aootm, ~ • Cl
Bu MarthaHa"is ...... 208 Hcl'IWH-.,ld~ l l.~1•r - ~ Ph~'- Aoama,Ji , Opllke Pq,~ LegalAulstant s - A Crowing Role in the Practice of Law In Alabama -Jofln A Owtna, TIIICllloou -~Vioe·prnclel'I R,egiNICIT Hlm,w Monlgomety -"-- - Bu Kathleen A. Rasmussen ...... 2 14 BolNI of Co,m,l •~ n•t1 The use of paralegals has seen dramatic gra1
Mmlni>cndYtSIII \"""" frfflNII. Cht,)l Mwal.- !uiftor , l"d:i Cl&$$..ch C.0.0.J~ . k«l.a.ctoto.... --·--- • 3""' ~ w~ v ~.. - Jt .. ,_,... • 40l'I Oto:.11.Aobltt J TMI.Aclddotd. r,,. AlilNnw u.,,w. ttSSNOCION81) . N CIC'#oal~ cc ei. ~ .._ e. . iii~..,,.,.. urnes• ,,_ m N rJ'lt MIOrMl,I la*)'tf' ¥ ~ ~ ""* a Y'N' k,r $1) OI JM.!ltr)I , (1M bl, u.rctl, Ml)i, ,Mi , $eclletnNt . ~bl, VIIWS COl:d.:liio..& IMl9I-. ~ dir.ac,,y tdftion>. ttld ano OIi ,_, In Ole UnlMOSU,_ and $20 p.r ,-111~ Int in w1idN h«N\.,. lt'OM nol ~ flOM of boltd of IO!lOl'I, otllc«l Of OOltd txp>NNd of N-.nt'ICWI. lhl ot COl'.1w1iet:IClll>U\'llled St•I• ty N Aiel)llm1 Si.1• B.et, •15 DtJ'lWA\'ll'IIVt , IB Qlllhf "**"'1\1111 0., ~~ S-.a» Ba, membttl 'KM'I TheAIIOrl'IN ,.._,.,. n Ptl'1 Cl!Shelf amual di.* ~ . Allb,11'113111)1SillQlt.i..,.•tS3 , duslm;'! , iow#d The.N.oam. talll)W do rtCIIY• the eotion P1ymtr11, 115 ot ltllt oon ~ tot °"'"'MlttlCl'lbM not d/t«toty ot d.lU po•l&OII, IOIIN ,c,utnal e,ld S 15 lor Ile d~ Sec• lie u.,.., II pM Ol lhlir
178/Ju ly 1991 THEALABAMA LAWYER THE AUBAMA LAWYER July 1991/ 179 PRESIDENT'SPAGE
s my )>earas your presidentdraws lo an end, I ask Court Restructuring has obtained endorsements from the you to indulgeme with some personalreflections. state's appellatecourts and the board of bar commissioners As Paul Harveyputs it. ··Overmy shoulder,a back for its legislativeproposals, a.nd a bill will be introduced.The IJward glance." board of commissionershas approvedand recommendedto Whala year! the supreme court a mediationsystem designedby the Task After a lifetime or being exposed to the law. 30 years or Forceon Alternati\teMethods of DisputeReso lution. In addi practicinglaw and a longtimei nvolvementin various aspects tion, the Impaired LawyersCommittee has obtainedappr oval or organized bar activities, this brought it all together. ! have for its new PALSprogram lo assist lawyersin overcoming the had the opportunityto see our professionspread out in all of ravagesof substanceabuse. Then, we have seen the flourish its many forms-from the country lawyerto the big city prac• ing or completed projects. a shining example of which is titioner; lawyersin sole practice,members of largefirms, cor· AttorneysI nsuranceMutual (AIM).our highly successfulcap porate counsel, law professors,judges, and lawyersworking ti\'e professionalliability insurance company which wasorga for the Covtmment: male and female, black and white; tax nized two ye.arsago through the effortsof the InsurancePro- lawyers.civil trial lawyers,prosecutors, grams Committee. Theseare just a few criminal defense lawyers, real estate examples or the important work being lawyers, divorce lawyers. collection carried out by our many committ= and lawyers. business counselors, and pro task forces. bono lawyersmaking legalservices avail During the year. unforeseendevelop able to the poor. And the view has been ments, such as the introduction in the thrilling. Legislatureof a bill to totally restructure The year really began at the 1990 and drastically change lhe state's work· Annual MeetingIn Mobile with the Sat ers' comrensation laws,have created the urday morning breakfastfor committees need lo respond quickly through new and task forces.r or four days,a coupleof volunteers. Lawyers have unselfishly months earlier. I had worked at bar answered the call. A project which has headquarterswith the staff on the diffi· been going on the entire year has been cult task of making approximately400 our much-needed building expansion. appointments from a list of 700 volun Fund raising has taken me throughout teers. Lookingout O\U the tables where the slate. l wish that I could report a O\"er40 groupS""'re discussinllplans for completed campaign, but I cannot. the coming year, I connected faces with Hon . w. Harold Albritton, Ill While we have made a big start, we still names and fell a growingsense of excite- have a way lo go lo reach our goal for ment. needed funds. I urge every member to So much of the bar's work is done by our committeesand makea pledgeto help with this cause. task forces. In late August, we held a training session for A real highlightof Lheyear for me has been my association committeeand task force chairpersons, as well as for section with the members of the board of bar commissioners.Repre chairpersons and new commissioners. The meetingwas held senting everyju dicial circuit and every possible opinion on In Tuscaloosa, lasted a full day, was beautifully organizedby everyp ossible subject, U1is diversegroup of men and women Keith Norman. director of programs, and was very well sets policyand lakes officialaction on behalf of the slate bar. attended. as well as conducting hearings as members of disciplinary ft has been rewardingto view this committee work in its panels.They havt servedtirelessly and well. 113riOUSstages. The board'sExecutive Council has been diligentin "'orking Some work is just beginning.such as that of our new Task betwttn board meetings, in coming to Montgomerythe day Forceon MinorityOpportunity and Participation.Building on before each board meeting lo discll.\Sall matters requiring the foundationlaid this >-ear,this task forcewill firmlyestab action, and in providingcounsel LOthe presidenLThe mem lish in the years ahead that the AlabamaState &r seeksand bers are past President Alva Caine, President-elect Phil welcomesthe activeparticipa tion of all of its members. Adams, Vice-president John Owens, Joe Cassady. Broox Other projectsare in the intermediatestage. For example, Holmes, and Tim Dillard. We spent a planning weekend the Committeeon Accessto LegalServices has organizedthe together. along with staff, al the beginning of the bar year. VolunteerLawyers Program, hashired a statewidecoordina· and they ha,ie continuedlo give dedicatedservice throughout tor and is ready to launch this new effort lo providepro bono the year. legalservices t o the poor. A downsideof this work is u,ebar's disciplinaryfunction. I t After three years of work, the Task Force on Appellate (C<,11/inued011 page 182)
180 I July 1991 THEALABAMA u\WYER Cumberland Thanks You!
The Cumberlnnd Institute for Continuing Legal Education is Indebted to the man~lobama attorneys and judges who contributed thclr time and expertise as speakers, program · rsons , plruming committee members, and advisory board members during the 1990-1991 acad c yi?ar. We gratefull y acknowledge the contnoutions of the following individuals to the success of our CLE programs:
Robm H. Adams A. H. Gaede, Jr. J. Reese Murray, lD •mes P. Alexander Thomas R. Camble S..ndm W. Murvln • Hodge Alves, ID W. Lewis Carri$011, Jr• Bat S. Nettles !K. Rick Alvis llclh H. Gerwin David M. O'Brien Sus,m B. Andenon Richard H. C"ill &rbllra F. Olschnc,r Douglas T. Arendall J. Keith Givens Lewis W. Page, Jr. Slcphcn R. Arnold JudijC John C. Godbold A. JooPeddy D. !..<:onAshford David R. Codofsky J. Hunter Phillips. Ul judge Joo G. &rnard Harold H. Goings Dl'borah A. PiclcMs L. Burton Bam._..,DI J. William Goodloe, Jr. Thoma.t K. Potter, Ill James C. Bart.on, Jr. Hobart Crooms, Jr. Scott A. Powell Walter W. Bates S. Revelle Gwyn Phillip B. Price Jere L. 6caslcy John E. Hagefstrnllon, Jr. WIIJlom E. Pritchord , HI Char les A. J. Beavers, Jr. WUUnm H. Halbrooks Marion A. Quina , Jr. l.cc R. Benton J•mes 0 . Haloy Bruce A. Rawls T. Br3CIBishop Oark R. Hammond L Drew Redden Duncan B. Blair Juditc Arthu.r J. Han.. , Jr. J. Mlchad Rediker Virginia Boliek A. C.,., Hardegree , m Robert P. Reynolds l THE AL\13,\MALAWYER July 1991 / 181 The Investiture of the Honorable WilliamHarold Albritton, III as Judge of the UnitedStates District Court for the MiddleDistrict of Alabama Hon. Myron H. Thompson, presiding judge of the United Wife Jane Albritton holding the Bible and son Harold 11/brit Stales District Court for the Middle District of Alabama, ton, IV administering the oath of office introducing members of the Albrillon family :..~ • / ...... c· _,. ... ~,~ • .... i;,, ~ ... ~.,, • "-II ~ - ~ • ct ' ., • ( ~ ,, • ...... Jane Albriflon assisting in the robing ceremony as sons Tom and Ben Albritton watch Representativesof the federal and state judiciary Senior Judge and former ASB President Truman Hobbs wel comes Judge Albriflon lo the bench. From left to righl, front Bar Commissioner Ab Powell of Andalusia, lifelong friend of row, are Judges Albrillon. Thompson and Frank M. Johnson, Judge Albrilton's, recounting highlights of Albrif/on's illustri Jr. Back row are Judges E.B. Hal/om , Jr., Hobbs and Robert ous legal career E. Varner 182 / July 1991 THEALABAMA LAWYER PRESIDENT 'S PAGE me to serve out my term. This is what I provenability, we will be in good hands. Continuedfrom poge180 wanted to do. and. although unusual, it lt has been an interesting year, too. is not prohibitedfor a judge to serve as for my faithful secretary, Cindy Cook, is sad to see dishonor brought on our barpresident , so I readilyaccepted. whosejuggling or schedules,soothin g of mtire professionby the actionsor a rela Regardingthe judgeship,I must share impatient clients, making, changing tive few. But this happens, and since it with all of you some feelings which I and changingagain of reservations,lak docs, it has been good to see the highly have expressed recently lo several ing of dictation from various airports competent manner in which our disci lawyersand judges. I have receivedcon and hotels, tracking me down at remote plinarystaff. directed by generalcounsel gratulalions from a number of persons locations, handling drawers full of files, Bob Norris, and our Disciplh,ary Com on my "elevation" lo the bench. While I and putting up with it all behind a big missionand panelswork. We policeour understand that our Judicial system smile will alwaysbe remembered. ownvery well. does reQuire a certain degree of separa I thank my partners, John Givhan, Yourpresident representsyou at vari tion from and respect for the office of Rick Clifton and Hal Albritton, and our ous meetings around the country, and judge in order for the system to func associate, Bill Alverson, for their under this has been most rewarding. The tion properly, I assure you that I do not standing, their filling in for me in my Alabama State Bar is held in high re feel persona lly "elevated". A change frequent absences, and their generous gard in national legal circles. Through from lawyerto judge is a lateraltransfer. willingnessto accept my preoccupation attending meellngs of the National The lawyerand the judge each performs with the bar in what turned out to be Councilof Bar Presidentsin Chicagoand equally essential functions in our sys my last year of practicewith them. Seattle. lhe Southern Conferenceof Bar tem. We first are lawyers,and, of that, I Special thanks, which cannot be Presidents at The Greenbriar, and lhe am deeplyproud. expressedadequately, lo Jane, my wife, ABAAnnual Pro Bono Conference in As this is being wrillen, we are on the ad,,jsor and travelling buddy,who kept Philadelphia, I was able to bring back eve of our 1991annual meeting and the our bags packed,went e\'erywhere with much information which has been end of my servicelo you. V.'hena person me, and wouldbe embarrassed if I tried helpful in numerous programs. For has been as deeply involved in some to tell you all of the many things that tunately, the bar makes family life thing as Is required in serving as stale she did lo help me serve as your presi easier for its president by providing for bar president, it Is hard to think of turn dent. the president's spouse to also make ing looseand walking away. I am fortu And, finally, for allowing me to serve such trips. Jane and I both thank you for nate in that this Is made easier for me as presidentof this bar which I love, for this. by the knowledge that matters will now the high honor and for the sheer fun of ll has been a pleasure to visit with a be in the capable hands of Phil Adams. this past year. I thank you, my brothers few of the local bars around the stale. With Phil's extensivebar experienceand and sisters at the bar. • This Includedspeaking to the Birming. ham Bar Associationand attending its famous Christmas Party. making a pre sentation on the buildingtXJ)anSion and a plea for funds to the MobileBar Associ CORRECTIONS! ation, and attending the annual LawDay Please make these corrections fn your copy ol the luncheons of the bars in Montgomery 1990-91 Alabama Bar Directory. and Tuscaloosa.I only regret that I was unableto acceptmore such invitations. The telephone number of the Mobile firm of McAlght, J•ckaon, A specialtreat for me ,,as speaking to Dorm•n, Myrick & Moore was listed incorrectly. The correct number the twoc lasses of admittees to lhe bar. Is (205) 432-3444. The eager facesof the soon-to-be lawyers and the prC1udfaces of their families Please note that Elmer E. White, Ill , who was listed as an oul'Of werea pure tonic for me as I sharedwith state attorney with the Louisiana firm of Kullm•n , lnm•n, Bee, them my thoughts on what it meant to Downing & B•nta , actually works in the firm's Birminghamoffic e. His be a laW)'tlr. address should be listed as 3125 Independence Drive. Suite 102, I canreport to you without reservation Homewood, Alabama 35209 Phone (205) 871·5858 that this bar is setwd well by its staff of employees_Led by executive director The Bobb County branch office of the Tuscaloosa firm of McElvy • ReggieHamner , they are highly compe Ford was omitted. Offices are located at 1 17 Court Square West. Cen tmt. hardworkingand dedicatedlo their treville. Alabama 35042 . and the maolongaddress ,s P 0 . Box 517, Cen mission.Working with them has been a treville, Alabama 35042. Phone (205) 926-9796 . pleasure. When 1>rcsidentBush nominated me Thom•• R, Olaen , of the Orlando firm of Olaen • Olaen , was for a federal Judgeship near the end of omllled. He ,s a 1989 admittee to the bar, and his office is located at my term, I was pleasedand flattered for 2518 Edgewater Drive, Orlando, Florida 32804. Phone (407) 423-55131. the board o( bar commissioners to ask Tl 1£ ALABAMA1.AWYP.R July 1991 / 183 EXECUTIVEDIRECTOR'S REPORT THE PLATEI S BEING PASSED he fundraising effort to pay for the expansion of in the same batch contained a pledge from a newer member of state bar headquarters began in earnest six months the bar who, only a year before, had lost an entire practice ago. At this writing, we are near the one-third mark (including the physical office) in a natural disaster. And, yet II of our goal of $3.5 million. At the end of May( this another sent S20 wiU1 a note expressinga sincere willingness column must be written two months prior to publication). we and desire to do more, but candidly admitted circumstances had received$ 1,l 15.060 in pledges and contributions. This fig. simply made a larger gift impossibleat the time. Each of these ure is both encouragingand disappointing. responses was thrilling, and for several weeks, each day's mail The total pledged is significant, but an was encouraging . Recently, there have analysis of the pledge sources gives pause been fewerand fewerpledges. for concern. This bar - your bar - now In the beginning, we determined to try has 9,400 active members; however, only and raise these funds by appealing to the 1,519 of them have made a pledgeor con members of the bar - as lawyers and tribution to the building fund. This figure judges - who have benefited from our includes J,298 individuals and 59 firm profession and continue to do so. pledges which encompass another 22 l Our bar association, on any scale, can individuals. These 1,519 persons. to date. measure up to any in the other 50 juris have pledged$471,659. dictions. This is a direct result of the wis The remaining $643,400pledge d thus dom oi those who rounded this association far represents 28 gifts to dedicate specific in 1879and those who have nurtured it in areas within the new building. These gifts the last 112 years. We would never have range from $10,000 to a single pledge of achieved the success we enjoy today if $150,000 '"hich allows dedication or the those who came before us had not cared new board of commissioner's meeting deeplyfor this profession.It is our time to room. In most instances, these donors care. have made an additional individual pledge Reginald T. Hamn er Please use the enclosed pledge card and of $300 per lawyer when the original give something to this effort. If you can pledgewas in a firm name. not give. or choose not to give, please When this campaign was undertaken. perhaps too optimisti indicateon the card and return it to bar headquarters. cally, it was anticipated that a significant majority in the bar Volunteers are attempting to contact every member of the would pledge the suggested S300 amount, payable over a bar from whom no response is received. Please save a fellow three-year period. Not unrealistically. it was also assumed lawyer a phone call, visit or letter in behalf of your needed some simply could not pledgeth is amount right now, but that response. every. lawyer would wish to make some contribution toward Your bar needs your help - please do not make it grovel. this effort at some time during the rundraising. The first The new building can serve this professionwe ll into the next return envelope we receivedcontained a Sl,000 check from a century. Let those who follow us see that we cared enough to longtime member and supporter of the bar. Another envelope "put in a little bit" when the plate was passed. • HENDERSON PRIVATE INVESTIGATIONS MATRIMONIAL/DOME .STI C SUR VEILLANC E TRAFFIC ACCIDENT RECONS TRUCTION • lnoepth Reid Reports • Photographic Evldance • CourtroomTes timony ALBERT MED INA CONFIDENTIAL• DISCREET 7""""'~~e.,w,,,.,r I "R~ LICENSED • BONDED P.O. BOX55391 [352 5 5] 991 -0044 P O SOX1 (332 MONl GO~FtV ALABAMA36117 C205) 2n .1929 Digita l beeper I ...... 521- 3029 184 / July 1991 THE ALABAMALAWYER , , ...... ,· . . : Ca ll your VeloBind representative today. NO RCO D ATA SERVICES 272 Snow Drive,Su ite 103 • Birmingham,Alabama 35209 Tammy Belcher, VeloBindr eprese,uarive (205) 942-0635 THE ALABAMALAWYER July 1991/ 185 BAR BRIEFS Mobile cacy during the an assistant United States attorney for att om eys May 1991 term. the Southern District of Alabamaand is to teach The Institute al chief of the Organized Crime Drug En Mobile attor lows Emory to forcementTask Force and the f'inancial neys Willie J. invite distin LitigationUn it. Huntley, Jr. and guished litiga E.T. Rolison, Jr. tors to spend were selected to time in residence House joins teach trial advo- and interact with Washington firm HUfttl ov cacy al Emory Rolfson law students and Hogan & Hartson, Washington,O .C.'s University Law faculty. oldest major law fir m, announced School in Atlanta.They were lecturers Huntley practices with the firm of recently that W. Mike Housejoine d the in the National Institute for Trial Advo- Crosby, Saad & Beebe. P.C. Rolison is firm as a partner, in the firm's Washing. ton office. House came to Hogan & Hartson from lhe Washington firm of Shaw, Pittman, Potts & Trowbridge. Firsttime ever in Birmingham Prior to moving to Washington in 1980, House wasa member of the Mont gomery firm of Odom, Argo & Enslen from 1976-79. He also served as presi EXPERTS dent of the AlabamaState Bar's Young Lawyers' Section, chairperson of the AlabamaCiti,.ms Conference for a New Constitutionand director of the Citizens &HEARSAY:Conference on AlabamaState Courts. He is a 1971 graduate of U1eUniversi WH1ITEVERY TRIAL LAWYER MUST KNOW ty of Alabama's School of Law and a 1968gradua te of AuburnUniversity. ComeMar the nations most dynamicand entertaining CLE lecturer Feld receives Meador Award L.B. l'eld, of the Birmingham firm of FaustE Rossi McCord, Feld & Hoffman,P.C .. was the 1991 recipient of the University of "l LEARNEDMORE ABOUT AlabamaSc hool of Law's Benchand Bar EXPERTS& HEARSAYIN THIS ONEDAY THAN I DIDIN Outstanding Alumnus Daniel Meador ALLOF LAWSCHOOL." Award.l'e ld was recogniz.ed at the law Minflt:(Jpo/is/tJJ,,wue school's annual Law Week AwardsCer emonyfor his outstandingservice to the Friday,September 6, 1991 lawschool. RadissonHotel F'orlhe past 15 years,he has servedas Binningham,Alabarna a lecturer in taxation (1976·81) and a visiting associateprofessor of law (l 981• Cumberland 83), and currently serves as an adjunct professor of law (1983-91). f'eld is a 1972graduate of the University'sSc hool of Lawand receivedhis master's of law degree in taxation from New YorkU ni· versityin 1973. He teaches in the jur is doctor and master's of laws in taxationprog rams. • 186 / July 1991 THEALABAMA LAWYER Earn up to a full year's CLE credit" In lust one week! Meet us on Peachtree Street for the legal event of the year - the ABA 1991Annual Meeting. Aug. 8· 15 In Atlanta . More than 2.000 ABA special events. educational programs and meetings are planned in this city of sophistication and historic grandeur- localed nearyou! Reverend Andrew Young, fonner mayor of Atlanta and fonner U.S. ambassador to the United Nations , U.S. Supreme Court Justice Sandra Day O'Connor and NAACP Executive Di rector Benjamin L. Hooks are just some of the hundreds of distinguished guests scheduled to speak during the 1991 Annual Meeting. Earn up to a full year's CLE credit• In just one week , keep up with the latest developments In your specialized field , learn how lO manage your office more effec tively and make new contacts! For an advance registration form and deta ils on travel arrangements, contact the ASA Meetings and Travel Department today. 312/988-5870. HousingDeadline: July 11• AdvanceRegistration Deadline: July 18 THE ALABAMALA WYER July 1991 / 187 LEGISLATIVEWRAP-UP By ROBERTL. McCURLEY,JR. Green• N1tlN1s Tax Nforrn R•apportlonment Louis G. Greene,director of the Leg. The AlabamaCommission on Taxand The permanentLegislative Committee islative Reference Service since 1970, Fiscal Policy Reformhas drafted seven on Reapportionmentheld eight public retired April I, 1991after over 20 years bills and a package of constitutional hearings around the stale, ending on of sel"'lce. Greene was responsible for amendments to carry out the commis congressional reapporlionmenL Since seeingl hal between2,000 a nd 3,000blll s sion's recommendations. Professor Jim Congressmust be reapportionedbefore and resolutionswere prepared fo r Legis Bryce,University of AlabamaSchool of the 1992elecllons. many legislatorsare lators each year. A 1950graduate or the Law,coordinated lhe draftingof legisla· urging quick passageof a congressional Universityor Alabama School of Law, tion for the commission.These bills will reapportionmentplan either in the last Greene will be honored this month at substantially amend or totally rewrite days or the regular session or for the the AlabamaStale Bar Annual Meeting Governor lo call a special session for in GulfShores. reapportionment. The Legislaturealso must reapportion itself. but it is not Attgular S.ulon-1991 requiredt o do so beforeits next election With the Legislaturehalf over. l,400 in 1991. bills had been Introducedbut only 11 of them have passed both houses oi lhe Bar l•glalatlon Legislature and been signed into law. The AlabamaState Bar is vitallyinter Major legislation still wailingto be acted ested in a bill to Increasethe bar exami on al the halfwaypoint were the appro nalion fee $25 per year, up to a maxi priation bills for education and the gen mum or S400 (H-492. S-314). Another eral fund, restriction of abortions, revi bar-endorsedproposa l would provide for sion of lhe worker's compensationlaw nonp;1r\isanelection of judges (see May (H-587), prison reform, and education 1991Alabama Lawver). reform. Personal Nlpres•ntative the existing st.ltuteson: ad valoremtax; powers end fffs 11-L corporate franchise tax; individualand TheAlabama Law Institute, as a part of Mc:Cutiey, Jr . -L~' 188 /July 1991 THEALABAMA LAWYER By C.C.TORBERT, JR. have had the pleasure of serv- tions who file their corporate charters in locate without taiccons iderations being 1ng as chairperson of the Alaoomaare taxed differentlyfrom those the dominant factor. Finally, a system AlabamaCommission on Tax who file their organizational papers in that is effecli\,-ewill raise sufficient rev Dand Fiscal Policy Reform, other states. Peoplewho ownreal estate enue to provideessential public services. which wasc reated by the AlabamaLegis are wed differentlyfrom thosewho own The commissiondiscO\-ered and adopt lature' last i-earand directed to study the stock$ and bonds. Our tax base is too ed a central theme which underliesall or state's tax and fiscal policy structure'. narrow.which results in high tax rates. our recommendations:broaden the tax Members or the commission' served This article is meant to educateAlabama baseand lowerthe tax rate. without compensation. We met often, practitioners on the proposalsset forth almost weekly, and held public hearings in the report of the commission, lo PERSONALAND CORPORATE across the stale. ~;achmember came to explaintheir underlying rationaleand, it A, Income t•x the table with varied and extensiveexpe is hoped, to engender support for the The Alabamn tax on individual and rience In government, law, education, changesoutlined in our report. corporate income should parallel as labor, agribusiness,large and small busi closely as possible the federal income tax ness, forestry, and academia. The com RATIONALESFOR CHANCE law using federal adjusted gross income mission did nol reach its conclusion At the outset, the commissiondecided and the standard federaldeductions and without debale or discussion. But on a framew-orkfor its approach to fun personalexemptions. There would be no beyond all other considerations. far damentalchange or Alabama's tax policy. deduction for federalincome taxes paid. removedfr om politicso r conservativeor First. the commissiondecided to make Whiletaxpaye rs no longerwill be able to liberal philosophies,we rewgnized that its decisions and recommendationswith itemize their deductions on the state Alabamahas ii tax system that is simply out regard Lothe ease or difficulty of le-.-elor deduct the federalincome tax as and fundamentallyunfair . enacting them into law. Second, the is currently done.the new systemis sul> DescribingAlabama 's current scheme commissiondecided lo make recommen stanlially more simplifiedthan the old. or taxationas a ·system" is almost a con dations that would be revenue-neutral, The tax \\'OUldbe at a flat rate whereby tradiction in terms. because a ·system" thereby leavingdecisions about increas the present marginal rate or 5 percent implies that there is order. consistency ing or decre.,slngrevenue to those elect would be loweredto a Rat rate between and harmony. Taxationi n Alabamadoes ed lo make such decisions. Third, the 3.8 percent to 4.2 percent Lo be revenue not currently posses.~any of these quali commission adoptedsever al basicprinci neulral. The state return would be sim ties. Our overallsystem or taxation lacks ples on which to base its recommenda plified and could be filed on a single coordination. It is regressive.complex. tions: fairness, simplicity, neutralityand sheet. In computing both the individual dlfncult to comply with, and hard to effectiveness. and corporate income taxes, it would be administer and enforce. Our sales lax Fairness requires that taxpayers in necessaryto subtract Interesto n federal imp05esa taicon foodfor babiesbut does similar situations be treated similarly obligations(because Alabama is prohibit not tax food (or cows. Businesscorpora- and that taxpa.y!rswho are less fortunate ed from taxingsuch interest)and to sub bear less of the tax burden than those tract refunds of Alabamaincome taxes who are more fortunate . Simplicity (which are currentl)•included in federal C.C. T-rt, Jr . makesi t easyfor taxp,a}oersto undersund adjustedgross income). Likewise,inte r CC Torilen. Jr a lo · and complywith the tax law. Simplicity est on obligationsfrom other stale and nw chllifl',ISliCe d. cne A1'bll'NlSc.irxeme also makes it easier for businesses lo local(!Ol,-emments \\'OUld be addedto the Court, CSa pann,er-, the incorporate the Laxsystem into their federaladjusted gross income. firm d Maynard, long-term business plan and makes iL Currently,a family of four is subjectto Coo,)er Fner$00 A Gale easier for the st.alet o administer.A sys. Alabama income lax if it makes over In 111 Mon.tgcn;ery lem lhal is neutral allows taxpayersto $4.400a year. A familyor four owes no o,r,ce decide how lo conduct business,what to federal income tax until it e.arns over invest in, what to consume and where to $15,000 a year. The commission would THEALABAMA LAWYER July 1991/ 189 rectify this disparity. Under our recom al services. Exemptions now allowed on would also be adjusted to maintain rev mendations, approximately 115,000 low an ad hoc basis for certain entities and enue neutrality and the current home income families will be removed from types of property wou Id be restated in stead exemptio n would be raise d to the tax rolls. thereby increasing the pro terms of objective categories. Excluded $40.000 lo provide an equivalent tax gressiv ity of income taxes. With the from the transactions taxes would be exemptionas before the change. greater simplicity comes a general low purchases by federal, state and local gov "Current use"' valuation of property ering of administrative costs by the state ernments, and items that ultimately will also needs changing. The commission and a decrease in taxpayers' cost of be subject to the sales tax. Machinery recommends a system of "actua l use" understanding and complying with the purchased for productiveuse in industry valuat ion for all property, including tax code (taxpayers currently must would be exempt from the taxes. homes, farms and timberlands. In each understand and adhere lo two separate As with the individual and corporate case the ·'actual use" value would be systems). income ta., revisions, this reform of the determined not by a formula, bul by sales tax broadens the tax base and evaluating market sales of similar prop B, Transaction taxes avoids the regressivity present in the erty used for those purposes. We also Although they account for 27 percent current system. F'urthermore , the recommend that any property using the of state revenues, sales taxes, use taxes reform would simplify the tax system. actual use valuation be subject to recap and lodging and lease taxes are regres thereby increasing compliance by tax ture of laxes for the previous five years sive, unfair and complex under the cur payers and reducing administrative costs when the use changes. rent system. Today, those families who since it would be clear what entities and Under the current system, landowners necessarily spend a large part of their properties are subject to the ta.x.While are taxed on land. but property such as incomes for food and other necessities the political debate promises lo be stocksan d bonds goes virtually untaxed. are hit particularly hard. Because the heightened. it is necessary for Alabama The commissionr ecommends a property present income tax base is so narrow, all to implement these changes if it wishes tax on such intangibles held by individu· consumers must pay a high rate. to have a truly fair and simple ta., sys als. This would be taxed at a low rate, Becauseof the number of exemptionsin tem. with perhaps a $100,000 exemption to Alabama, an increase in revenue requires allow average persons reasonable sav an even greater increase in the tax rate C. Property taxes ings. With the assessment al 100 percent than would occur if the tax base were In 1988, the average properly tax paid of the value of the property, and its more broadly defined. As revenue needs per person in the United States was application to all property, regardless of increase, an even greater increase in tax $538. In Florida, it was $537.In Georgia. whether it is owned or rented, business rates will be needed under the current it was $396. In Tennessee, it was $272. or residential, farm land or land used in system to achieve the revenue required: In Mississippi,it was $266. In Alabama, business, the property tax system would this aggravates an already Inequitable it was S132. Alabama's property tax is achieve equal status among all property system. the lowest in the nation and is complex owners and simplicity for the system as a We recommend that the sales tax base in its structure and its administration. whole. Homes, farms and forest land be broadened to include services, in There is a lower tax rate for homes, would be subject to an increase in the addition to the sale of tangible goods. farms and forest lands. and a higher rate property tax while the taxes on commer and that the sales tax rate be reduced for utilit ies and commercial property, cial property will remain substantia lly from 4 to 3 percent. The new system but there is no rational justification for unchanged. Any decrease in taxes on would subject all services to the sales the disparity. utility property could be translated into tax. This would include repair services, Utility property is assessed at 30 per lower utility rates. personal care services, construction. cent , but the higher taxes are simply c-0mputerprogramming , and profession- passed on to the consumers in the form D. Business taxes of higher utility bills. The classification Our current tax system does not treat system makes the property tax base similar businesses alike and is far too exceedingly narrow. Homes make up 50 complex. The state shou ld rely more RichardWilson percent of the total value, fam1s another heavily on corporate earnings and prof 10 percent and timberla nd 6 percent. its, rather than the franchise tax, the & Associates Therefore, 66 percent of the value is in shares tax, the financia l ins titution the lowest assessmentclassification. excise tax, or the insurance premium Registered We recommend that all property be tax. to generate revenue from corpora Professional assessed at JOOpercent of its value. All tions and other business entities. value should be treated alike. That is fair We recommend that the corporate Court Reporters and simple . Because the assessment franchise tax remain in place. but with a 1 7 Mildred Street ratios will be changed, the millage rate dramat ically different structure and a Montgomery, Alabama 36104 will be rolled back to be revenue neutral. much lower rate. All corporations and F'or the state property tax. this would limited partnerships would pay on the 264-6433 mean a new millage rate of on ly 1.1 basis of capital employed in the state. mills rather than 6.5 mills. Local rates which includes the par value of stock. 190 I July 1991 THE ALABAMALAWYER capitaland earnedsurplus and corporate emment; (2) repeal all earmarking;and Counties and municipalities also debt (with appropriate provisions for (3) require that all appropriations for would be able to call referendato adjust financial institution deposits).A corpo state functionsbe equally subjectto pro property millage rates. This will allow rate taxpayerwould be able to combine ration. lhe citi1.ensto approveor disapproveof the corporatefranch ise tax return with The constitutionalamendment provid the particular referendum.Further, local the income tax return. and the mini ing for budget isolationsimply has not governments would be limited to mum franchisetax wouldbe Increasedto worked. We recommendits repeal and proposing additional millage only once $250 for all corporatlons and limited the implementat ion ol a provision e-.-erythree years. partnerships. requiring the governor to submit his Q. The current hodgepodge Aside from the restructuring of the budget recommendationsto the Legisla Todaywe havea hodgepodgesystem of corporatefranchise tax, both the annual ture 30 daysbefore the beginningof the taxation.There are too many irrational permit fee and the shares tax would be regularsession of lhe Legislature. exemptions; the tax base ls excessively eliminated. The shares tax would no nnrrowand tax rates are too regressive. longer be neededwith the restructuring F. Localgovernn,entlssues In short , Alabama's lax system has of the franchisetax and the proposedtax F'inally, the commissionstates that all becomeobsolete and unfair. The system on Intangiblesthat would include a tax local gO\>emmentssh ould be allo\\'ed to that we recommendwill makea tremen· of such shares. imPQRsales taxes. To retain simplicity dous differencein Improvingour system Since financial institutions are cur and reduce compliance problems, hO\Y· or taxationin Alabama. • rently payingexcise tax rather than cor ever. the commissionrecommends that porate Incometax, the commission pro localgovern mentsnot beallo1~ed to vary Footnotes p<>sesto repeal such excise tax and tax from the state tax base . The broadertax I 1990 Ala_ ACl$7 34 ("W'°""" May 3, 1990} financial institutions under the corpo· baseproposed in the commission's rec l TIit Camm= mode 111rOQOrt 10 a IOint- d N Alallama leg,tiaJutt an Jlnrory 9 t9'.I! rate incometax structure. They require ommendations would allow local gov 3 ~-- CC T-jt .larTesC derive exclusionof interest on federalobliga ernments to greater revenue. but w,,... s, 0-- . - p - · Roy tions from the tax bast, and the corpo local governm ents would also be J Cr-. o, w-, 0 Gunltll'.Rd< Mariey , tax Ma.ck J Og1en ; Jame, H Santora. William M rate income structure would be largely required to share sales information &lougmor;o, K""'1 J \Yard Don\Ya ,.,,, , o, Levi offsetby the disallowanceof interestand with the state. Walkltld Joe Wiffi.amton: Incl LOUISJ Wittie other expenses allocable lo lax-exempt Interest. Consistency and simplicity would be achievedby the integrationof financialinstitutions into the corporate incometax base. While insurance premium taxes are Phoenix Preschool the best means for taxing insurance Education Centers, Inc. companies, uniformity among foreign Gree-nsbofo, North Carolina and domestic companies can only be achieved by a uniform rnlc structure has acquire THE At.ASAMALAWYER July 1991/ 191 ABOUTMEMBERS, AMONG FIRMS Street, P.O. Box 916, Mobile, Alabama Officesare located in Mobileand Birm ABOUT MEMBERS 36601.Phone (205) 432-1421. ingham.Alabama and Pensacola.Plorida. Robert K. Long, formerly assistant The firm of Ruehton, Stakely, Alter more than 56 years, Joseph J. district attorney for Morgan County. Johna ton & Carrell, P.A. announces Levin has retired from the aclive prac announces the opening or his office at that Jeffrey W. Blitz has joined as a tice or law. Beginningin October 1934, the Old BankBui lding, 616 Lawrence member.omccs area located t 184 Com· he pracliced law conlinuously in Mont Street. P.O. Box 356, Moulton.A labama merce Street, Montgomery, Alabama gomery until retiring April 30. 1991. His 35650-0356. Phone (205)974-5800. 36104.Phone (205)834-8480. mailing address is P.O. Box 1492, Mont· J . Edmund Odum, Jr. announces gomery.Alabama 36102. The firm of Lee & Sullh>an the relocation of his offices to 2911 announces the relocationof its office to lllAl'y L)llln Cla.rlr has relocateil her Cahaba Road, Birmingham, Alabama 500 Park Place Tower,2001 Park Place office to Park Central E.xecutiveCenter, 35223.Phone(205)879-1324. North, Birmingham, Alabama 35203, 610 Thimble Shoals Boulevard, Suite Dennla Abbott , formerly with the and the changeof its name to Lee, Sul · 303-B, Newport News. Virginia 23606. firm of Brodowski& AbboU.announces llvan & Malhi•. Phone (205)323-1061. Phone (804) 873-3201. the relocation of his officesto 908 Mer· The firm of Lon1t1hore, Nabmuno L. Scott John aon announces the chants Walk,Suite A, Huntsville,Alaba · & Quinn announces the relocation of relocation of his Montgomeryoffice to ma 3580I. Phone (205) 534-4585. Its offices to New South Federal Build 25 Washington Avenue, Montgomery. ing, 2100 First Avenue,North, Suite 300, Alabama.The mailingaddress is P.O Box Birmingham, Alabama 35203. Phone 1547, Monlgomery36102. Phone (205) AMONG FIRMS (205)323 ·8504.The nrm also announces 834-1100. that Ceorge N. Davies, formerly coun· Michael S. McNalr announces the Vowell & Meelhelm, P.C. an sel to the UnitedMine Workers of Ameri relocation of his ofnce to 2152 Airport nounces that D. Bruce Petway , for ca. has becomeassociated with the firm. Boulevard.Suite 105, Mobile,Alabama merly with Emond & Vines, became Pittman, Hooke, Marth , Dutton & 36606.Phone (205)450 -0111. associatedwith the firm May L Offices HoUJ,, P.C. announces that Jeffffy C. Scott L, Speake announces the are located al 1900 SouthTrust Tower. Klrby has been made a partner in the removalof his officeto 700 CampStreet, Birmingham. Alabama 35203-3200. firm, with oflicu located at 800 Park New Orleans, Louisiana 70130. Phone Phone (205) 252-2500. Place Tower, 2001 Park Place North. (504) 523-9500. Burn, & Mackey-announces that Birmingham, Alabama 35203. Phone William l. Crubb, II announces the William M. Cunningham , Jr • . for (205) 322-8880. relocationof his officeto 120 North Ran merly of Sintz. Campbell, Duke. Taylor Thoma• A. Woodall and Michael B. dolph Avenue, Eufaula,Alabama 36027. & Cunningham,has joined the firm, and Maddox announce the opening of Phone (205)687 -9007. the name of the firm will be Burns , Woodall & Maddox, P.C.. with offices Robert P. Barclln , assistant United Cunningham & Mackey. Officesare loc:.,tedat Chase Commerce Park, 3821 Stillc.sattorney, announces his transfer located at 50 St. Emanuel Street, P.O. Lorna noatl, Suite 101, Birmingham. within lhe l)epartment of Justice , Box 1583, Mobile, Alabama 36633. Alabama35244. Phone (205)733-9455. from the Northern Districto f Alabamato Phone(205)432-0612. Velgu & Cox announces that L. the Middle District of Florida, in the Robert Hugh Kirksey and John Sharon Egbert hll5 hecome associated criminal divisionin Fort Myers.His new Earl Paluul announce the formation with the Orm,with officeslocated at 125 address is the United States Attorney's of Kirm y & Paluzzi , with offices al West Main Street, Suite 300. Dothan. Office, The Barnett Centre, Suite 701. Alabama36301. Phone (205) 671-0289. P.O. Box 166, 222 Tuscaloosa Avenue. 2000 Main Street, Port Myers. Florida Carrollton. Alabama3544 7 . Phone (205) The firm of Johnaton, Johnston & 33901.Phone (205)331 .noo. 367-2126. Moore announces that David Vance Cregor y J . McKay announces a Luca, has become a partner in the firm change of address lo 350 Park Place Barria & Harri s, P.C. announces and Cynthia K. Thompson has Tower. Birmingham. Alabama 35203. the relocation o( its offices to 507 becomean associateof the firm. ColumbusStreet, Montgomery.Alabama Phone (205)324 -1400. The firm of Carpenter &: Clcliere 36104.Phone (205J265 -0251. Richard D. Home , formerly a part announces that H, Al Scott has become ner in Hess. Atchison & Horne, is now Barker & Jan eck;y announces that an associate of Lhe firm, with offices practicing as Richard D. Borne, Charle, J. Pott• and Lynn Etheridge locateda l 555 S. Perry Street, Suite 320, Attor11ey,at -Law, One South Royal Hare havebecome members of the firm. Montgomery,A labama36104. 192 /July 199l THEALABAMA LAWYER The firm of Miller, Hamilton , firm. Offices are located at 1900 Daniel Mobile, Alabama 36609. Phone (205) Snider & Odom announces that M. Building, P.O. Box 10008, Birmingham , 344-8181. Kathryn Knight has become a member Alabama 35202-0008. Phone (205) 324- Blanchard, Calloway & Campbell, of the firm and Mark J. Tenhundfeld 4000. P.C. announces that Alex W. Jackson , and Christopher Kern have become former assistant general counsel for the associated with the firm. The firm also Smith, Spires & Peddy announces Alabama State Bar, has become a mem announces that James B. Newell, Jr. the removal of their offices to 505 North ber of the firm, and that the firm name and Hugh H. Smith have become of 20th Street, Suite 650 F'inancial Center, has been changed to Blanchard, Cal counsel to the firm. Officesare located in Bir m ingham, Alabama 35203-2662 . loway , Campbell & Jackson, P .C. Mobile and Montgomery, Alabama and Phone (205) 251-5885. Offices are located at 505 South Perry Washington, D.C. The firm of Cherry , Givens, Tarver, St reet , P.O. Box 746 , Mon tgomery , Peters, Lockett & Diaz, P.C. an Donna Wesson Smalley announces Alabama 36101-0746. Phone (205) 269- nounces that Joseph D. Lane, J. Far that Mark D. Morrow has relocated his 9691, 265-8671. rest Taylor and Terry C. Key have practice to her office at Courthouse joined the firm as associates in the firm's Robison & Belser, P.A. announces Plaza, 600 Lurleen Wallace Boulevard, Dothan office, located at 125 West Main that Robert F. Northcutt has joined South, Suite 180, Tuscaloosa, Alabama Street, 36301. Phone (205) 793-1555. the firm. Offices are located at 210 Com 35401. Phone (205) 758-5576. merce Street . Montgo mery, Alabama John J, Smith and John Joseph 36104. Phone (205) 834-7000. Morris, Smith, Siniard, Cloud & Smith , Jr. or the Birmingham firm of Fees, P.C. announces the change or the Smith & Smit h anno unce the reloca Manley & Traeger announces that firm name to Morris, Smith, Siniard, tion of Lheir offices to 618 South 38th Taylor T. Perry, Jr. , formerly an asso & Cloud, Fees Conchin, P.C. and that Street, Birmingham, Alabama 35222. ciate of the firm, has become a member Cary V. Conchin has relocated his Phone (205) 251-0818. of the firm,and that the firm name has office and become a partner or the firm. been changed to Manley, Traeger & Offices are located at 521 Madison The firm of Richardson, Daniell , Perey . Offices are located at 111 South Stree t, Second Floor, Huntsville, Alaba· Spear & Upton , P.C. announces that Walnut Avenue, Demopolis , Alabama. ma. Phone (205) 534-0065. J. Flint Liddon, m has become associ The mailing addriss is P.O. Box 590, ated with the firm. Offices are located at Demopo lis, 36732-0590. Phone (205) The firm of Bradley, Arant, Rose & 11 10 Montlimar Drive, Suite 400, 289-1384. • White announces that John D. Wal · son, III, Jay D. St. Clair, Patricia Trott Mandt, and Ralph H. Yeilding have become pa rtn ers in the (irm. The Offices are located in Birmingham and Prepare simple or complex wills in Huntsville, Alabama. Alabama mi11111es with Altomeys 'Computer Net· work software. 77,e State-specific Berkowitz, Lefkovits, Isom & w· Ll rary programs ask multiple-choice tmdfill Kushner announces the relocation or its i11-the -b/a11kquestions, then compose offices to 1600 SouthTrust Tower, Birm tailored docttmems which can be edit ingham, Alabama 35203. Phone (205) Expe stems ed with your IBM-compatible word 328-0480. To~mble processing software. Userfriendly, no co1111nandsto learn. The firm of Sherwinter & Tokars, Docl@Jlents P.C. announces that J. Glenn McElroy The Wills Ubrnry's widevariety or provisions includ es: has become a partner in the firm. Offices are located in Atlanta and Dunwoody, • Separate di sposit ion.~of • Gn1nting and exercise of • Mar ital deduction truslS personal effects and realty po"-ersof appoin11oen1 with QTIP provisions Georgia. • Cash bequests • Credit equiva lcocy trusts • Purchase of annuities • Other types of dispositio ns. Redstone Federal Credit Uni.on an ·r he prograni s also prepare: nounces tha t Elena A. Lovoy has • Livingwill declarations • Fanlilyu ee affidavitS • Exccu1ion chcckliscs become associated with the credit un ion • PoY. THE ALABAJl1ALA WYER July 1991 / 193 By E. WRAYSMITH and SHIRLEYDARBY HOWEU exual harassment is driving Who has standing proceduresof the competitiveser Miss Daisy crazy. and she under Title VII? vice; wantsyour help. MissDaisy is T1tle VII of the Civil Rights Act of 5. any bona fide private member· one of an increasingnumber 1964,42 U.S.C.§2000(e) el seq•• stands ship club (other than a labor orga. of Americanwomen in the marketplace readyto affordrelief, but only to certain nization)which is exemptfrom lax· who find that they are indeed dancing victims of sexual harassment in the ation; with W9lves.She is as mad asDolly in ·•9 workplace.For TitleVII to be applicable, 6. an employerwith respect to the lo 5", and she is not goingto take it any the plaintiffmust allegeand prove that employment of aliens outside any more. Youwonder, could it be thal her the emplOyeris an organizationemplO}' state; boss is just moonstruck?This is not a ing 15or more employeesfor eachwork 7. a religious institute or society movie.It is real life.What do you do? ing day for a minimum of 20 calendar with respect to the employmentof For plaintiff'scounsel. a sexualharass weeks or the year. (42 U.S.C.2000[el individualsof a particular religion ment case often posesa daunting diffi. §701.) The common law definition or to performwork connected with the culty not generallypresent in mote Ira· employee is retained by the act; thus, carryingon of its actMties. ditional causes of action. Manycourts non-workingdirectors of a corporation wresUeon an unconsciouslevel with the and independentcontractors may not be Assuming that the plaintiff was employed by an employer that comes feelingthat sexualharas.,;nient is a rela counted when determiningthe number within the purviewof Title VII,section tivelyinnocuous manifestation of "natu of persons employedby the defendant 703(a) of the act will regulate the ral sexual attraction ... " Tomkins u. employer.The act definesemployer as emplQYer'sconduct, making it unlawful: PSE & C Co., 568 F.2d 1044{3rd Cir. any person In an "industry affecting 1977). commerce".The act exemptsthe follow 1. to failor refuseto hire or to dis Thus. the conscientious plaintiffs ing employersfrom its provisions: charge any individual, or other counselwill bear the burden of educat wise to discriminate against any ing the court as to the true nature of I. the United States: individualwith respect to his com sexual harassment and its debilitating 2. a corporation wholly owned by pensation,terms. conditions,or tffecl upon its victims, as well as the lhe Government of the United privilegesof employmentbecause burden of overcomingany tnitial intel StateSi of such individual's race, color, lectual reluctanceof the court to grant 3. an Indian tribe; religion,sex, or nationalorigin, or relief. Hensonv. City of Dundee,682 4. any departmentor agencyof the 2. limit. segregate,or classifyhis F.2d897, (11thCir. 1982). District of Columbiasubject to the employees or applicants for 194 / July 1991 THEALABAMA LAWYER employment In any way which subjected to unwelcomed homosexual sexual, but because the demands are would deprive or tend to deprive advances by a male supervisor. District made or only one sex, and continued any individual of employment Judge Hobbs of the Middle District or employment or advancement is predi opportunities or otherwise ad Alabamaheld unequiYOCallythat homo cated upon the employee's acquies versely affect his status as an sexual harassment states a violation of ce.nee. empl<>)'er.because of such individ Title VII.Jovner u. AM Cooper Tr= Plaintiffs counsel will prefer the ual's race, color. religion, sex or porlalion. 597 F. Supp. 537 (N.D.Ala .. client to have a Quid Pro Quo scenario national origin. (emphasis sup 1983)aff'd 749 P.2d732 (1984). because the lines of demarcation are plied.) more demonstrable and exact. For Doea the plaintiff really exnmple,an otherwisequalified employ Who Is the successful have a caaa? ee was demoted.or was not promotedas plaintiff likely to be? Title Vil now recoghizes two distinct expected,or was discharged because of Is lhere a profile of the successful forms of sexual harassment: Quid Pro sex. The benchmark or the Quid Pro plaintiff In Tille VII actions? Sexual Quo and llosli la EnvlronmenL Quo is the loss of a tangible benefit. harassment is a long-standingsocio logi a. Quid Pro Quo discrimination in Huebschen. supra, the plaintiff, a cal phenomenon. and its victims are ln this form of sexual harassment, an male, had a consensual sexual relation everywhere. Most often, however. the employer or a supervising employee ship with his female supervisor. The victim is a \\'Oman.The woman may be predicates job benefits or continued plaintiff terminated the relationship young or old, beautiful or not, highly employment upon acquiescence by the over the objectionof the femalesupervi educated or tlhterate, married or employeeto his sexual demands. When sor. Shortly thereafter, the ex-paramour unmarried. The suc;caslul plaintiffma)• tenninat,on. either actual or construc supervisor demoted Huebschen. The ha,-egratified the desires of her tormen tive, follows.the EEOC guidelines (29 court held that Huebschen had borne tor. or she may ha,-e refused. Research CRF §1604.1 I) state the employer is his burden of provingthat his refusalto of Title VII cases does reveal. howeVi?r. strictly liable "whether the specificacts continue the sexual relationship moti that it is a recent divorceeor a woman complainedof were authorized or even vated the decision to demote him. who is in the process of divorcewho is forbiddenby the employerand whether Huebschon is a classic Quid Pro Quo. the recipient of such sexual harassment. the employer knew or should have (Huebschanwas reversed based upon a and plaintlfrs counsel would be well knownof their occurrence." claim predicated upon 42 U.S.C. 1983. advised to take seriously complaints To estllbllshQuid Pro Quo discrimina Considerationswith regard to §1983 are froma client so situated. tion, the successful plaintiff must show beyondthe scope or this article.) While such complaints have been that: An interesting case that departs from comparatively rare among men, the I. the plaintiffbelongs to a protect the Quid Pro Quo norm is Toscano v. plaintiffmay. in fact, be a man who has Himmo. 570 ~-. Supp. I 197 (D.C. Del. ed group; been sexuallyinopportuned by a female 1983).Toscano maintained that she was 2. the plaintiff was subjected to supervisor. (See Huebschm v. Depart not consideredfor a promotion because unwelcomedsexual harassment; me,,t of HoollhQnd Soci/11 Servi=, 547 that position had been wrongfull)• 3. lhe harassment was because of F. Supp. 1168 (D.C. Wis. 19821.) The awardedto a woman who was having an sex: plaintiff may also be a man who was affair with the supeNisor of that depart 4. the harassment affectedtangible aspects of plaintifrs compensation ment. Toscano never claimed to have E. Wray been troubled by sexual demandsby the Sm ith or other terms. conditions or privi E.W1a-y Smith !1 an supervisor. The court found violation legesor employment;and a 11ssx:ia?ewi1h the Monl· of Title VII. citing 29 C.l'.R.§1604.l l(g): 000*'! Nrmol Webb. 5. Respondeat Superior: the Where employment opportunities or Crumpton. MaGregc,, employer is strictly liable for its Dovls& N!.ey benefitsare granted becauseof any indi supervisor's sexually discriminating vidual's submission to the employer's or harassing conduct which results advances or requests for sexual favors. In the loss or a tangiblejob beneflL (emphasis supplied.) Cummings v. the employer may be held liable for unlawful sex discrimination against Walsh Construction Co.. 561 P. other personswho were qualifiedfor but Supp.872 (S.D.Georgia, 1983): and 6. jurisdictional requirements have denied that QppOrtunityor benefiL F'or stllrl ey Dart:,y other traditional Quid Pro Quo cases, Howe ll been meL Shnoy Dart,y- nas see Hom u. Duke Homes, Division of DNn • pclessa ct Quid Pro Quo is the most easil)•rec Windsor Mobile Homes, Inc., 755 F.2d i.n.,y1;,wa,Jonos ognizable manifestation of sexual 604 (1985), and Cr/1igv. Y&Y Snacks. Sc:noo!cl lllw at Fau!r nerUrwer$ity since harassment. Mostof the successfulsexu Inc.. 121 F.2d77(1983). 198:l She also 1..,1 al harassment cases invoh•eLhis form of b. Hostile Environment """''"" IO1he I.loo!• harassment. Sexual harassment of this Olscrintlnallon gomory!inn ol Elizabeth AdchtonShe wasactmll· sort is discrimination because of sex, Women's political groups claim thal te<:1to o, aotlce'" 1ea 1 not necessarilybeC11use lhe demands are the adoption by the court of the hostile THEALABAMA IAW YER July 1991 / 195 environment theory of sex discrimina more than once. The branch manager, 5. the employer had actual or con tion const itu ted the first time that however, did not condition her contin· structive notice , and railed to take women have identified. establishedand ued employmentor advancementupon prompt remedialac tion. defined a legal wrong. MacKinnon , her acquiescenceto his demands. The offenses most oftencomp lained of Introd uct ion, Symposium: Sexual Justice Rehnquist, in delivering the by women in hostile environment cases Harassment, JOCa p. U.L. Rev.i (1981). opinion of the Court,o pined: include vulgar and sexually explicitlan In Meritor Savings Bank v. Vinson, 477 ;'Tille VII is violated where sexual guage and unwelcomed touching of U.S. 57, 91 L.Ed 2d 49, I 06 S.Ct. 239 advances,remarks. and other verbal their breasts and buttocks by male (]986), the first hostile environment and non-verbal conduct created a employees. Proof of incidents of such case to reach the United States Supreme substantially discriminatory work behavior goes to the weight of the evi Court, the plaintiff, a bank teller, testi environment, regardlessof whether dence, but is not conclusiveof the issue. fied in an 11-day bench trial that her the complaining employeelost any The plaintiffmust prove that the harass branch manager invited her to dinner, tangible job benefitsas a result." ment is so pervasive as to render the then suggestedthat they go to a motel To establish a prima facie case, the workplacediscriminatory. In Robson v. to have sexua.lrel ations. She maintained plaintiff must allege and prove: Eva's Supermarket, Inc., 538 F.Supp. that she at first refused,but out of what l. the plaintiff is a member of a pro 857 (N.D. Ohio, 1982), the plaintiff she describedas fear of losing her job. tected class: testified in depositionthat her supervi later acquiesced to his demands. The 2. the plaintiCf was subjected to sor requested U1at she wear tight jeans branch managerth ereafter made repeat unwelcomed sexual harassment, which to work so that he could "watch her ed demands for sexual favors,usually a t she (or he) did not solicitor incite; walk." She furth er testified that he the branch. She estimated that she had 3. the harassment was "because of leered at her body, felt the back of her intercourse with him on 40 or 50 occa sex": blouseto see if she wore a bra, squeezed sions over the next several years. The 4. the harassment affected a term, her arm. and told her that he wanted manager allegedly fondled her in the condition. or privilege of employment, her to be afraid of him. The Court presence of other employees, followed creating an abusive working environ denied the defendant'smotion for sum her into the women's restroom and ment, which affectedher psychological mary judgment holding that such alle e>.'Posed himself. and forciblyraped her well-being; gations were sufficientt o state a hostile The Alaba ma State Bar · Sponsored Insuran ce Pr ograms * FAMTLv TERM Lim features benefits for both eligible membe rs, spouses, children and employees . * MAJORM£01cAL lNsuRANCEprovides benefits for both eligible individual s and firms of3 or more up to $1,000,000. * Hosrrr/\1,. INDEMNITY pays daily benefits up to 500 days with a maxim um of $200 per day. Acceptance Guaran teed to eligible members under age 60 who are either working or attending school full-time. * MEo1cARESurrLEMENT helps pay bills Medicar e covers only partially ; also some bills Medicare doe sn' t pay at all. • DISA!lO..tTY INCOME features "Y our Own Specialty" definition of disability . * OFFICE OVERHEAD EXPE NSE reimburses your eligib le business expenses . Benefit levels to $10,000 per month available to eligible member s under age 60 who are engaged in full-time practice and not on full-time duty with any of the armed forces. ,------(d etach and mail)------, I Fo r addition al informa tion contact ALABAMA STATE BAR I I Insuran ce Speci ali sts, Inc. Please send mel nlormationa bout the AssociationG roup Plan checked: I I Suite 135 ( ) Family Term Life I J Medicaie Supplement I · R d I JHospita l Indemnity ( J Disability lnoomo I I 2970 B ran d ywme oa I I Major Medical Insurance ( 1Office Overhead Expense I Atlanta, Georgia 30341 I I l -404-458 -880 l Name I I 1-800-241-77 53 Toll Free Number Address I I 1-800-458 -7246 Fax Number Cit /Slate/Zi I I (Representatives located statewide) y P I L------Business Telephone ------Birthdate- _____----- _ ~ 196 /July l 991 THE ALABAMALA WYER environment cause of action pursuant appropriate federal district court within true reason, but merely a pretext. to Title VU. 90 days after receipt of the Right to Sue McDonald Douglas Corporation u. In Morgan u. Hertz Corpora/ion, 542 notice. Green, 411 U.S. 792, 36 L.Ed 2d 668, 93 F. Supp. 123 (W.O.T enn., 1981). Dis S.Ct. 1817 (1973). trict Judge .McRaewent so far as to Burden of proof and defenses In a typical sexual harassment case, enjoin the speech of the agents and In a prima facie case, if employment defense counsel is not without an arse employees of Hertz, restraining them discrim ination is proven, the burden nal of potent ial defenses, all of which from making further "sexuallyindecent" shifts to the defendant to articulate should be considered. The following is a comments to female employees. Judge some legitimate, non-discriminatory "laundry list" of common defenses: McRaeopines, "By this the Court means reason for the employee's rejection . I. the sexual demands or advances remarks such as 'Did you get any this Should the defendant carry this burden, never happened; weekend?' " (But see contra Seo/I v. the plaintiff then must prove by a pre 2. the sexual advances or demands Sears, Roebuck and Co., 605 f'.Supp. ponderance of the evidencethat the rea were without employment conse 1047 (D.C. 111.,1985) citing Kantz u. son offeredby the defendant was not the quences; Dole, 709 F.2d 251, 254 (4th Cir. 1983) "... Ti lle Vll is not a clean language act and it does not require employers to BCX>KSBXGROVER Se McLEOD extirpate all signs of centuries-old preju Civil Actions at Lawin Alabama,Second Edition S69 . 00 dices.") xxxx.ii, 686 Pagee (inelud•• pix;ket part•) It should be noted that strict liability Civil Actions at Law in Alaba,ma, 1990 pockot parts 27.50 for the employer is not mandated in 206 pages hos ti le environment cases. The burden Equitable Remedies and ExtraordinaryWrits 60 . 00 is placed upon the plaint iff to prove in Alabama actua l or constructive notice by xxxlil, 528 p~g•• (i ncludes poc ket parte) the employer. For provocative perspec Equitable Remedies AOd Extraordinary Wri ts 30 , 00 tives on this issue, see Between the Boss in Alabama, 1990 poc ket parts and a Hard Place: A Consideration of 261 page• Meritor Savings Bank, PSB u. Vinson Trial Practice and Procedurein Alabama 65 . 00 and the law of Se.ma/ Harassment, 67 xx.xvii, S8 4 pages {includoa pocket pa ,rte) B.U.L. Rev.445 (1987) and The Supreme Trial Practice and Procedure in Alabama 25.00 Court - Leading Cases, 100 Harv. L. 1988 pocket pa~t•, 171 ~9•• Rev. I, 280 (1986). Worker·s Compensation for On-the-JobIoiuries 69.00 in Alobamn xxx, 3S0 page• Jurisdictional requirements The Ghost Of the Chimera and The Stowaway - A 19-95 In a Title VII case, a charge must be Ghost-Ship Submarine St ,ory; and Picture of Midway filed with the EEOCwithin 180 days of Island 1942 -4 3. Both are lntri9"Uin9 •nd intertvi ne. the alleged discriminatory conduct. In The Sultan ' 8 Gold· ,. World wa.rII submarine remove• 19 , 95 the case of an ongoing violation, an the Sultan of Brunel · • goldJ a part i • pil fered by crew me.fflberaend later is found by• einninghu:i individual may file a charge at any time faaily, who uaea it to tound an lndu•trial ompire. while the discriminatoryconduct is con Sub Duty . KcLood·• inti.J)&t• story of aerviee in 19 , 95 tinuing, but must file no later than 180 world W•r II combat aublllarinea. Thia may bet .he days after the last alleged act of discrim best aubmarine book of the war. ination-usua Ily when a woman has The Trials of [at. an Illustrious Membtrof 19 . 95 been fired or has left the job as a result the Criminal Bar . A 11erie11 of i ntr iguing trial• of Fat, a colorful 8iC'ffl.ingham criminal lawyer. There or the harassment. •re delightful characterization•, cou.rt.rooao dra&aa, A Right to Sue notice will be issued by details about nightlife, plus mystery. EEOC at one of three junctures in the The Bottom Stories . 21 l n·ter e•ting ator i •• a.bout 19.95 administrative process: Alabltlfla'• dus ty coal ffli ne ca~•· Kany are cl•••lc•. I. at the request of the charging party after 180 days have elapsed but before ORDER FROM: the completion by EEOCof its adminis Mancheste .r Press, P. O. Box 550102, Birmingham, AL 35205 trative processes; PR0VID8 YOUR: 2. after a finding of no probable cause; or 3. after a finding of probable cause, failure of conciliation and a determina CITY, STATE, ZIP:. ______tion that the case will not be litigated by CHECK ENCLOSED: ____ _ CREDIT CARO I : the EEOCas a party plaintiff. EXPIRATIONDAT'.'s-,------A complaint mus t be filed in the THE ALABAMALAWYER July 1991 / 197 3. the employer lacked notice or dis admissible evidence In a sexual harass use. Alabamaessentia lly recognizes the criminatory conduct (Hostile Environ ment causeor action.) definition of intrusion upon seclusion ment); adopted by Restatement (Second) of 4. the sexual advances or demands State claims Torts 652b (1987).The court recognizes were not unwelcomed (The Woman The plaintiffenhances the opportunity ·the right of a person to be free from Scorneddefense): to re~-er a more substantialsum for his unwarranted publicity" or "the unwar 5. the emplQ>-erlook prompL remedi or her litigation pains when also alleging ranted appropriation or exploitation of al action: a pendent state claim. Depending upon one's personality, the publicizing or 6. the actions taken with respect to the nature of the har.usmenl suffered. one's private affairswi th which the pub- plainli(f were taken for legitimate pur lhe plaintiffmay also allege assault, bat 1ic has no legitimate concern. or the poses nol related to sexual discrimina tery, Intentional infliction or emotional wrongful intrusion into one's private tion. distress and/o r invasion or privacy. activities in such manner as Lo outrage Somewhat surpri sing is the fact that or cause mental suffering, shame or Available relief invasion or privacy has proven to be so humiliation to n person of ordinary sen Title Vil is remedial as opposed to strong a claim for relief nationwide for sibilities.'' In Phillips, the court sus punitive. llelief is limited to injunctive harassment victims. Invasion of privacy tained an award of $25,000 to a woman relief, job reinstatement, promotion, is discu.ssedin detail in Phillipsv. Smoll in Alabamawho had been subjected to a back wages, and reasonable attorneys' ev Moinleno11CJ1Seroices, Inc., 711 F.2d series or questions by her employer fees.As one might quickly deduce, it is 1524(I Ith Cir. 1983). regarding her sexual relalioll$hip with entirely plausible for plaintiffs counsel The court held that in Alabama,inva her husband. Plaintiffs counsel is urged to recover more in attorney's fees than sion or pri\'acy consists or four distinct in light or Phillips to search the client's the plaintiffis awarded.Title Vil is vigor wrongs:(I) the intrusion upon the plain case for invasions of privacy that may ously criticized for offering so little to tiffs physical solitude or seclusion, (2) have accompanied other harassing the plaintiffwho often subjectsh erself to publicity which violates the ordinary behavior. legal proceedingsas humiliating as those decencies. (3) putting the plaintiff in a Insurance involved in a rape prosecution. On Vin false, but not necessarily defamatory Both the plaintiff and the defendant supra, the court held that the plain position in the public eye and (4) the son, should consider the possibility that in tiff's mode or dress, her lifestyle and appropriatio n or some element of a surance coverage exists. Insurance cov- "expressed sexual fantasies" were ali plaintiff's personality for commercial WE SAVE YOUR LaserPrinter Toner TIME ... am ell !'lowlcll•t researchassistance CartridgesRecharged l, avu1l:iblcwhen you need it. 0on, 1lvow L E G A L wuhout the ntcC!>Si!yor :iddingti full-time as...ocin1eor awayyour toner Research oruidges... lhcy clerk. canbe rc!Ulcd mmyllmes- Wi1hnccess 10 the S1:11t 1..l1w Llbrnrynod We, Llaw. we a sub611n1lal provide fas1and efficient .crvicc. For deadline work. we savings. c:m deliver lnl'onnatlon 10 you vi:, common carrier. Fcderut Express. or FAX. FumettLeg:tl R esearchcu.mine, 1he,s,ues thoroughly throughquality research.brier wrilingnm! nnutysis. Our r:ites are S35.00per hour. w11h• three hour minimum. RAYCO TONERS For Research Assistance contac t: Saral, Kath ryn Farn ell ~724 St. Dominic: Place • Mobile, AL 36693 (800) 26-1,201t • (205) 666-6893 112 Moore Buildi ng Crt "t tl(jtlls 011 other Jq,serprl11tcr supplies , tool Montgomery, AL 36104 Call (205) 277-7937 198 / July 1991 THE ALABAMALAWYEll erage provides a deep pocket for the Concl us ion plaintiffand a source to pay the defense How wide is Lhedivergence between Prepare closing expense for Lhedefendant. The typical Everyman'sview of appropriate sexual documents in comprehensiveliability policy specificaJ. conduct and that of Everywoman?Prob· ly excludesdiscrimination. The inquiry ably it is greater than we like to think. 15 minutes on is not o.oeral this poinLMost businesses Thal problem is one of factual inlerpre your PC with the resourcesto employ15 or more l.ition. The law has provided remedies employeeswlll also obtain an excess lia· that have allowedrelief in many cases. Computer -Generated bi lily policy or what the insurance Whether an employee is sexually Closing Documents & induslr)• sometimes refers lo as an harassed is generallyan objectivedeter Titl e Insurance Forms "umbrella" policy. mination focusing upon the conduct of $895 While it is true thal the excesslia bility the defendant rather than the plaintiffs policy will often follow from the primary reaction lo il. Could it be that the coverageand thereforeexc lude lhis cov ''objective standard"is reallya male stan Let ProForm help you by performing ALL calculations erage or will providea specifice xclusion dard, since mosl federal judges are related to the closing because for sexualharassment or discrimination. male.s?(See the dissent,Rabidue v. Osce It automaticallyrecalculates the coverageis availablein the insurance ola Ref'mingCo .. 805 F.2d 611 (6th Cir. whenany changesare made. industry and is often purchased. If it 1986(.) Programmedwith standard exists in the excess liability policy, the But woulda femalestandard be differ ALTA title Insurancepolicy coveragewlll "drop down" and pick up ent, or If so. any more equitable?It is a fonns and designed with the lhis exposure on a primary basis with problemwith which the courtswill con· fleXlblhty to create your own IO THEALABAMA LAWYER July 1991/ 199 BUILDINGALABAMA'S COURTHOUSES BALDWIN COUNTY, BAY MINETTE, and DAPHNE COURTHOUSES By SAMUEi,A. RUMORE. JR. The following continues a history of Alabama 's county courthouses the ir origins and some of the people who contributed lo their growth. The Alabama Lawyer plans lo run one county's story in each issue of the mag azine. If you have any photographs of early or present courthouses, please for ward them to: Samuel A. Rumore. Jr., Miglionico & Rumore, 1230 Brown Marx Tower, Birmingham , Alabama 35203. aldwin County is the largest county in area in the State of Alabama. It is also one of Lhe largest counties in the B•ldwln County Cou:rthou.se EllUnited States easl of the Mississippi River. ln fact, it is larger than the entire served in Congress from 1789 to 1799, exceed $2,000. The legislation further state of RhodeIsland. and in the Senate from 1799 until his provided that the courthouse and jai I at The county was established December death in 1807. Since many of the early McIntosh Bluff should be sold and that 21. 1809 as a part of the Mississippi Ter settlers in Baldwin County came from Lhe proceeds derived from the sale ritory. Only two other counties in pres Georgia,it was fitting that the county be should be equallyd ividedamong Mobile. ent-day Alabama are older. These are named for the recently deceasedGeorgia Monroe and Baldwin counties to be Washington County, created in 1800, senator and public servant. applied to county purposes. and MadisonCo unty, created in 1808. Early records show that the first court The town of Blakely was founded in Baldwin County was named for Abra in BaldwinCounty was held at McIntosh 1813 by Josiah Blake ly and othe r ham Baldwin ()754-1807), a native of Bluff on March 4, 1811. This place on entrepreneurs from New England, and C-Onnecticut who graduated from Yale in the Tombigbee River had served as the was a thriving pOrt and trading center. 1772. Baldwin became a minister and county seat of Washington County from It was located on the Tensaw River. served as a chaplain in the Continental 1800 to 1805. When the southern part of It is reported that the first trials in Army with the rank of colonel. After the Washington County was included in the Blakely took place before a courthouse Revolutionary War, he moved to Savan new Baldwin County, it became a coun was ever constructed. Court was held nah, Georgia and was admitted to the ty seat once again. outdoors under the trees. The presiding bar. Alabama was admitted to the Union judge sat in the fork of a large live oak In 1785, Baldwinbegan an active and on December 14, 1819. The next year, called the "Jury Oak... This setting was illustrious political career when he on December 16, 1820, the boundary an interesting forum for a trial. Howev became a member of the Georgi a lines of Baldwin County were changed er. a short distance away was another Assembly,and also the C-Ongressof the by the Alabama Legislature, and the large live oak. It was called the "Hang Confederation.He helped found the col town of Blakely was designated as the ing Tree''. It is not known how many lege that became the University of Geor new county seal. This legislation estab times sentences were carried out al the gia. In 1787, he was a member of the lished a commission which was autho site, but both trees are prominently Constitutional Convention and a signer rized lo secure land and erect a court marked today at the Historic Blakely of the United States Constitution. He house and jail. The total cost could not State Park. In its heyday.Blakely riva led 20 0 I July 1991 THEALABAMA LAWYER well as the new county seat. II served BaldwinCounty in that capacity for 33 )'tal'$ , On February 5, 1901. the Alabama Legislature passed another bill, this time moving the county seat from Daphne to Bay Minette. It wa s felt that Bay Minettewas more centrally localed to the population centers in 13aldwin County, and the new railroad that was bunt through Bay Minette would make this town more accessible. A corner stone was laid July 4, 1901for the new court.house amid a great celebration in BayMinette. The information marker at the Bald win County courthouse notes that F.M. Dobsonwas the contractor for the new building. and Lockwood& Smith were the architects . By October, the new Daph"" Courthouse courthouse was completed. Everything was ready for the transfer of the county Mobileas a significantcity . At one lime, was setUed as early as 1817. By 1638. seat to Bay Minette except the county over 5,000 people lived and worked the community had grown quite pros records . The residents of Daphne there. However,>·ellow feve r epidemics perous as a resort. Captain William refused to give up their courthouse and in 1822. 1826and 1828 made Blakelya Howardbu_iit a bayfront hotel that year would nol releasethe county records. less than desirable location in which to which soon becamethe center for social Several stories survive concerning live. By Lhe mid-1830s, Blakely no me in the community. His wife decided how the recordswer e movedto the new longer posed a threat to Mobile'sdomi that this beautiful area needed a name courthouse. In one story, agroup of citi nant pincein the area. zens from Bay Minette had fabricated a The site o( Blakely is still significant fictitious crime and this caused the for another reason_It was here that the I ' sheriff and his deputy to leave town to last great CivilWar infantry battle took pur1uean imaginarykiller. The records place on April 9. 1865. This battle is -l ; of the countywere then taken. interesting becauseit is one that should . ' Another story relates that the group never have been fought at all. General ••' .., from Bay Minette requested the sherlfl Leehad surrendered by 2 p.m. on April -" 1 lo lock up certain prisoners. They were 9, but communication lines had been F actually steel workers ,vho were oble lo disrupted and word or the surrender s dismantle the bars of the jaiI from the I ' ,. could not immediately reach Alabama. I ~ r -L inside, and then they carried out the The great assault at Blakelybegan about r,t. county recordsto waitingwagons. 5:45 p.m. Over40,000 men took part in ~.. - 1::.-~:..· Anotherversioa states that the sheriff this battle. The action is not considered saw the delegation from Bay Minette, particularly noteworthy to historians as and he immediately left for Mobile to are other battles or similar size because obtain an injunction to stop their it took place so late in the war. The site befitting its natural beauty. Since the action. He returned in the afternoon of the battle and the town were placed town was full or laurel lrees, she sug with n writ just as the last wagonloaded on the National Register of Hisloric gested Lhename orDaphne. Daphne was with records, furniture and the Creal Places on June 25. 1974. The county the nymph who was transrormedinto a Seal of Baldwin County topped a hill seal officially remained at Blakely until laurel tree by the Creeksungod, Apollo. headed for the new county seat. A mural 1868.Today the trees and brick founda, After the decline or Blakely, the legis on the wall of the Bay Minette post Lionsare all that remain of the now dead lature moved the county seat down the office,painted in 1939 by a WPAartist. town. The only remnants of the old eastern shore of MobileBay to Daphne. depictedthe removalscene. courthouse in Blakelyare an outline of A courthouse and jail were constructed Efforts were made by the citizens of bricks and a depression in the ground in 1868.An earlyphoto shows the build Daphne to regain their courthouse, and where the building once stood. Howev ing to have beena two,storybrick struc a case even went to the Alabama er, the memory of Blakelyis preserved ture with a portico topped by an obser Supreme Court. But Bay Minette won through the HistoricBlakel y State PJrk. vation balcony. Daphne began a steady the legal battle and the counly seat has The area around present-day Daphne growth as a Limbera nd lumber town as remainedthere ever since. THEALABAMA LAWYER July 19911201 The Daphne Courlhouse later was ABA commission gives association used as an educational center. Prom 1910 to 1937, the Daphne Normal mixed rating on advancing School operated in the abandoned women in leadership courthouseand j ail buildings.Pollowing this service, the old courthouse was While women's membership in lhe American Bat Association and its usedas a dormitory facility for defense components Is keeping pace with women as a proportion of the profes workers employed in Mobile during sion, women continue to tag in leadership posulons World War II. Pinally, the 90-year-old Women have made gains in the highest levels of leadership of the structurewas rnzed in 1958. association as a whole, though ln association-w,delevels the gains have The courthouseat Bay Minette con not caught up with the relative population of women among lawyers. structed in 190I was built in the When analysts focused on leadership at the level of ABA sections and Richardsonianllomanesque sty le. It \\'llS divisions, membership by women again reflected !he Increased number a two-story brick structure dominated of women lawyers, but there was no measurable Increase of women in by a soaring central clock tower. This leadership slots Sections and divisions are semi-autonomous member basicbuilding hasseived as lhe Baldwin ship components formed around areas of legal prachce. age or occupa CountyCourthouse in BayMinette since tional setting. the Limeof its construction. These assessments were distributed 1n March to association leaders In 1955, the building wassubstantial!>• by the ASA Commisstonon Women in Iha Professtoni n the commission's remodeledand e,cpanded.The roof line second Goal IX Report Card. It compares cu11entstatistics with those for was lowered,and lhe outer walls were August 1988 enlargedto form a modem rectangular Goal IX, adopted by Iha ABA in 1986, directs the ASA to "promote lull structurt. Martin J. Lide \\'llS the archi and equal participat,on in the profession by minorities and women· and tect for the 1955conversion and G.W. to "develop and encourage initiatives that will ensure full and equal par Hallmark& Sons1vere contractors. ticipation for minorities and women in bar association activities.' In 1988, another significant restora· lion and additionwas completed for the 8aldwinCo unty Courthouse.T he interi or was substantially altered and addi tions were made on both sides. Fridge Construction Company,Inc. of Ocean Springs, Mississippiwas lhe contractor for this latest renovation of the 1901 courthouse.Renis 0. Jones. Jr. of Pear LANDTECH8 6 son, Humphries,Jones Architects, Inc. of Montgomerywas the architect The Real Estate Settlement System finalcontract price was Sl ,825.000. • ForLAser or Matrix Printers The author /honks Probate Judge Horry D'Oliue. Circuit Judge Thomas 8. • HUD I Automatic Calculations Nor/on. Jr. and Baldwin County allor • Checks & Escrow Accounting ney Samuel N. Crosby, author of 11JJl. BaldwinCquntu fl!'Och and Bar, for • Word Processor· Spell Check their assistance. Policies & Commitments Deeds & Mortgages • Data BaseReporting (SQL) Samue l A. • On Site Training Available _..__JIRumore., J r. •• gr-.e ...... u,,.. $1,495.00 _ .. _Dwno ....,.... u._ .. __--oil.OwHo- os..... lound"'!I LAND TECH Alot>WTI4S1o:e6afs CORPORATION (407) 833-0454 F.....,.Law Sec1JM ano • In cxactice'" 8'tn'lin0- ham with the firm ol 303Cuarunty Building• t20 South Olive Avenue • West Potm Beach,FL 33401 Mtgllo,,lco& RumoroRumota Mlf\!K u the t,a, COtM"ll1'0f'I01 !01 tho 1011'1Cl, cu!t, plaoe number '""' 202 /Ju ly 1991 THE Al.ASAMAl.<\WYER HONOR ROLL BetweenApril 16 and May28, 1991, PhilipA. Geddes GlennAllan Parker the followinga/lomeys made John MackGreen James HiramPatrenos. Jr. pledgesto the AlabamaSlate Bar BuildingFund. Their names will be ThomasM. Haas LawrenceWilliam Patlet'30n includedon a u!a/1in /he portion of PaulMorris Harden JacobCalvin Perdue , Jr. the buildi11glisting all conldbu WilliamG. Hause TaylorThomas Perry, Jr. lioris. Theirpledges are acknowl edgedwith gralefulappreciation . James CordonHouse, Jr. FrancisPayne Ralph (Fora list of/hose making pledges GeorgeH ouston Howard,U MaxeyJ. Roberts prior toApri/16. Harold Howell Sidney OwensRoebuck , Jr. pleasesee previousissues of TheAlabama lawugr.\ Jotm RobertMutson Stanley Dagnal Rowe John F. Janecky KayWebb Savage RoyMa rvin Johnson, m LeonMerrnt Shirley PatriciaArthur Anderson ClydeEugene Jones CordonGriffin Sikes Jerry Dewitt Baker ThomasE. Kincaid CharlesA- Stakely,Jr . KennethE. Beason.Jr. Joseph N. Langan RichardEdward Waldrop AndrewWyatt Bolt. II GradyO liver Lanier,lfl NathanGraydon Watkins.Jr. MichaelE. Brodowski WillardW . Livingston Russell L. Burdell FrancisPatrick Lofiln FitzhughA. Burttram DonaldDewitt Lusk &!IWttnApril 16 and May28. 1991, Willis WayneBush Joe A-Macon the follOUlingfirms madepledges lo John AndrewCaddell, Jr. the buildingfund. TheirllOJ1les will Anne LollarMaddox auobe includedon a wall in /ht MarkStephen Carter FrederickBall Matthews newbuilding. listing all contribu RandallMcAndrew Cheshire Frank H. Mcl'ldden tors. Theirpledges are aclmowl John EuellCochran. Jr. edgedwith gralefulapprl!Ciation. Joe W. Morgan, Jr. (Porthose conlribulingbefore April HewittL . Conwill John HarrisMorrow 16. pleasesee previousissues of BarreC. Dumas James MarkMurphy TheAlabama lawyer I DanDumont AaronWilliam NeJson RayfordL. Etherton. Jr. GraydonL Newman,Jr. Copeland& Copeland RalphA- Ferguson,Jr. James BlairNewman Eyster, Key, Tubb, Weaver& Roth GregoryMarcus Friedlander MarvinThomas Ormond Pal'30ns& Eberhart KennethL. Funderburk EdwinC. Page,Jr. Schmilt & Harper TMEALABAMA LAWYER July 1991/ 203 I OPPORTUNITIES The following programs have been approvedby the Alabama Mandatory Continuing legal Education Commissionfor CLE credit. For informationregarding other availableapproved programs , con/act Diane Weldon, adminislraliue assistant for pro grams, at (205)269-1515, and a completeCLE calendar will be mailed to you. JULY 31-AUGUST 3 15 THURSDAY JULY Civil Procedure Worlcthop Boundary Law In Alabama Orlando, Walt DisneyVillage Montgomery ResortVi llas NationalBus iness Institute, Inc. 16 TUESDAY TennesseeBar Association Credits:6.0 I Cost:S108 Advanced Real Estate Law Credits:9.0 I Cost:$195 (715) 835-8525 in Alabama (800)643-6993 Birmingham NationalB usiness Institute, Inc. 16 FRIDAY SlOS Credits:6.0 I Cost: Boundary Law in Alabama ('715)835-8525 AUGUST Mobile NaLlonal Businessl nstitute, Inc. 1·3 Credits:6.0 I Cost: $108 17 WEDNESDAY Northeas t Bankruptcy (715)835-8525 Advanced Real Estate Law Law Institute In Alabama Boston, Marriott Motel Huntsville Institutes on BankruptcyLaw National Business Institute. Inc. Credits:J 6.4 I Cost: $595 SEPTEMBER Credits:6.0 I Cost:SJ08 (404) 535-7722 (715) 835-8525 5-6 Annual Re>1iewSeminar &THURSDAY Memphis, ConventionCenter 18·21 Eide; Law TennesseeLaw Institute Annual Convention Mobile Credits:12.0 I Cost:S275 Alabama State Bar National Business Institute, Inc. (615) 544-3000 Orange Beach,P erdido BeachHilton Credits:6.0 I Cost:$108 (205)269 -1515 (715) 835-8525 6 FRIDAY lllot.ion Pra ctic e 22MONDAY 9 FRIDAY Birmingham Alabama Sales and Use Tax AlabamaBar Institute for CLE Birmingham Elder Law Montgomery Credits:6' .0 National Business Institute, Inc. NationalBusiness Institu te, Inc. (205) 348-6230 Credits:6.0 I Cost $108 Credits:6.0 I Cost:$108 (715) 835-8525 (715)835-8525 EXJ)erts &: HeaffilYl What E>1eryTrial Lawyer 23 TUESDAY 13 TUESDAY Must Know Alabama Sales and Use Tax Elder Law Birmingham, RadissonH otel Birmingham Huntsville CumberlandI nstitute for CLE NationalB usiness Institute, Inc. National BusinessI nstitute.. Inc. (205)870-2391 Credits: 6.0 I Cost:$108 Credits:6.0 I Cost:$108 (715) 835-8525 (715) 835-8525 11·13 Bond Attorneys Workshop UCC Review: Representing Banks 14 WEDNESDAY Chicago,Marriott Hotel in Commercial Law Casu Elder Law NationalAssociat ion of CumberlandSchoo l or Law Huntsville Bond Lawyers Birmingham NationalBusiness l nstitute, Inc. Credits:12 .0 I Cost: $235 CumberlandI nstitute for CLE Credits:6.0 I Cost $108 (312)920-0160 (205)8 70-2391 (715) 835-8525 204/ July 1991 THE ALABAMALAWYER 13 FRIDAY Collection s Birmingham AlabamaBar Institute for CLE Don't Risk A Valuation Credits:6 .0 (205)348-6230 Penalty . Introduce Partnerships WynfreyHotel , Birmingham Your Clients to Business Cumberland Institute for CLE (205) 870-2391 Valuation Services. John H. Davis Ill, PhD, MAI, SRPA, ASA, president of Business 19 THURSDAY Valuation ServicesI nc., is the only designatedASA BusinessVal Real E1tate Law uation appraiser in Alabama. BusinessValuation Serv ices provides Montgomery consultation by the hour,appraisa l reports and expen:test imony Alabama Bar Institute for CLE in Credits:6.0 casesof: (205) 348-6230 D Estatep lanning D Bankruptcyproceed ings D Estatesettle ment D Mergersor acquisitions 20 FRIDAY D Marital dissolutions D Buy-sellagree ments Real Estate Law D Recapitalizations D Dissident stockholder suits Birmingham D Employeestock ownership Alabama Bar Institute for CLE plans Credits: 6.0 (205)348 -6230 Contact John H. Davis ill , PhD, MAI, SRPA, ASA 4 Office Park Circle • Suite 305 • Birmingham, Alabama 35223 Bask Practice In Probate Court P.O. Box 530733 • Birmingham, Alabama 35253 Edna Merle CarrawayCen ter, (205) 870-1026 Birmingham CumberlandI nstitute for CLE (205)870-239 1 20-21 Adwanced Family Law Guntersville,Guntersville State Park Alabama Bar Institute for CLE Credits: 6.0 (205)348-6230 24TUESDAY Counselin ll Small Buslneee Owners on Death , Dlsablli t;y, Diworce and Disagre ement CumberlandSc hool of Law, Birmingham Cumberland Institute for CLE (205)870-239 1 27 FRI DAY WIii Drafl lnll Birmingham Alabama Bar Institute for CLE Credits: 6.0 (205)348 -6230 Offering Solid Tru st Service Since 1901 JamesG . Hawthorne,Jr . . ExecutiveVice President Americans with Disabilities Act Harbert Center, Birmingham Cumberland Institute for CLE IllUNION BANK& TRUST COMPANY (205)870 -2391 • 60 COMMERCE STREE:TI MONTGOMERY, AIABAMAI 205-240-2265/ M EMBERfl) IC THE ALABAMALAWY ER July 1991I 205 AlabamaState Bar 1991 AWARDOF MERIT The Board of Commissioners of the AlabamaS tate Bar voted unanimously to name Joe C. Cassady of Enterprise and LewisW. Page, Jr. of Birmingham the recipientsof its 1991Awa rd of Merit. The awardis given to those individuals who render Outstanding and Constructive Service to the legal professioni n Alabama Cassadywas recognizedfor 12 years of serviceas a bar commissioner from the 12th JudicialCi rcuit (1979-91), vice-presidentof the Alabama State Bar (1984-85), chairperson of the Disciplinary Commission (1982-94) and a charter trustee of the AlabamaLaw Foundation (1987-91). Page was originallyappointed a member of the Permanent CodeCommission in 1984 and served as vice-chairpersonduring the term of Wilbur Silbermanas chairperson. Pagewas named chairpersonof the commissioni n 1988 and has served in that capacityeve r since. He is recognizedfor his dil.igencein sheparding the Rules of ProfessionalConduct that were adoptedJanuary 1, 1991 by the Supreme Court of Alabama. 206 / July 1991 THE ALABAMALAWYER AlabamaState Bar AWARDOF MERIT RECIPIENTS 1973 Prime Osborn,III L.Tennent Lee, Ill Jacksonville, Florida (deceased) CamilleW. Cook Huntsville, Alabama University, Alabama 1977 1984 Timothy M. Conway James L. North Harold F. Herring Birmingham.Alabama (deceased) Birmingham,A labama Huntsville, Alabama 1974 William B. Hairston,Jr. Robert A. Huffaker Birmingham,A labama HowellT. Heflin Montgomery,Alabama Tuscumbia,A labama Walter Knabe 1985 Montgomery,Alabama (deceased) A. Ste,vart O'Bannon DavidBoyd F'lorence,Alabama RobertP . Denniston Montgomery,Ala bama Mobile,A labama RobertM . Hill, Jr. 1986 F'lorence, Alabama 1978 HenryT. Henzel Joseph F. Johnston WilliamF. McDonnell Birmingham, Alabama Birmingham.Alabama Sheffield, Alabama Robert Potts ConradM. Fowler 1979 University,A labama Columbiana, Alabama M. Leigh Harrison Cary C. Huckaby M. Leigh HarriS-On University.Alabama Huntsville, Alabama University, Alabama 1980 1987 Carl Bear J. MarkWh ite RowenaCrocker T eague Montgomery,A labama Birmingham,Alabama Birmingham,A labama RonnieG. F'lippo James S. Ward EdwardM. Patterson F'lorence,Alabama Birmingham,Alabama Montgomery, Alabama M. RolandNach man, Jr. 1988 Montgomery,A labama Joseph D. Phelps .Montgomery.Alabama RoyCrawford Wm.Michael House Birmingham, Alabama NorborneC. Stone, Jr. Montgomery,A labama BayMinett e, Alabama John B. Scott, Jr. 1975 Montgomery,Alabama 1981 David Ellwanger WilburC. Silberman AlabamaPub lic TelevisionNe twork California Birmingham,Alabama WilliamN . Clark CharlesY. Cameron MaryLyn Pike Texas(deceased) Birmingham.A labama Washington,D. C. Robert P. Bradley (Montgomery& Tuscaloosa, 1976 Montgomery.Alabama Alabama) J. 0. Sentell 1982 RichardS. Manley Montgomery,Alabama (deceased) Demopolis,Alabama Dr. DavidMathews William D. Scruggs,Jr. Port Payne, Alabama 1989 GeorgeP. Howard AlbertP. Brewer Weh,mpka,Alabama 1983 Birmingham, Alabama EdwinG. Page, Jr. N. Lee Cooper DennisN. Balske Evergreen,Alabama Birmingham, Alabama Montgomery,Alabama THEALABAMA LAWYER July 1991/ 207 Slovak Lawyers Hit Alabama JANA&JANA By MARTHAHARR IS Since the fall of 1990, interns in Washington, several Alabama lawyers D.C. to undergo a four have assisted in a task week legal and cultural force to bring lawyers orientation session. Mo from Czechoslovakia to bile law firms have divid this state for an intern ed the responsibility of ship program. Immigra hosting and teachingJana tion rest rict ions made during he.r stay. She will obtaini ng work visas attend the annual meet impossible and served ing or the AlabamaState only to slow down the Bara l Perdido this month project. However, after and will live with a Mobile months of negotiations, family during her stay. the first Slovak lawyer, Only eight lawyersfrom Jana Janovicova, arrived Russia and Eastern Eu· in Mobile in March. rope have been chosen for Efforts to make her in this ABA internship be ternship a reality result cause host-sponsors were ed in a second project, difficult to locate. Alaba which brought another ma can be proud o( its Slovak lawyer to Mobile leadership in providing in June. such a wonderful oppor F'rom March to June , tun ity and promoting Jana, a 26-year-old la,,,yer le//: JanaJan0<1/co,,a ; r(qht: JanaJh1,orciktJ 208 / July 1991 THE ALABAMALAWYER YOUNGLAWYERS ' SECTION By PERCYBADHAM Alabama young lawyers are on the move! This articleis dedicatedto the localyoung lawyer organizations throughout Alabamathat are making a differencein their communities. ILis hard to believethat this bar year cers and members of the Executive Below are a few of the accomplish· hascome lo a close.It certainlyhas been Committee for all their hard work and menls and specific individuals who an honor and a privilege to serveas presi· dedicationthis year. In addition.I thank made them possible: dent of the Alabama State Bar Young the families, law nrms and employers Lawyers'Sec tion. I think we have had a who have offered support for the YLS Youth Judi c ia l Prog ram great year and have taken some impor and made it possiblefor us to do what Charlie Anderson did another out· tant strides ror the YLS.I thank the om- neededto be done lhis :;tar. standing job organizing and running our Youth Judicial Program lhis year. Thi5 program, which we co-spon5or Thefollowing are the officersand membersof the with the YMCA,consists of local high ExecutiveCommillee and their employersor firms: school students participalingin a mock trial program cuJminaling in a JAMES H. ANDERSON BARRYA. RAGSDALE statewide competition in Montgomery. Immediatepast presidl!llt Sirote, Permull We had some new schools involvedlhis Beers.A nderson. Jackson ROBERTJ . RUSS~:LL.JR. year, and lhe exciting final rounds were &Smith Soie practitionu n tremendoussuccess . KEITII B. NORMAN JAMEST. SASSER Prt!Sident-elect Simmons.Brunson Sandestln seminar AlabamaState Bar & McCain Hal West and Prank Woodson truly SIDNF.YW. JACKSON. ID STEPHENW. SHAW outdid themselvesthis year! The semi Secretary Reddin,Mill$ & Clark nar at the beach was one o( the best Jack.son& Taylor ever. From the speakers to lhe golf AMYASLAYDEN tournament to the social events, every U:$ HAYES,Ill Sole practitioner thing was perfect. I also thank the fol• Treasurer JAYS MITH lowingsponsors who made our seminar Mellon, Espy.W illiams & Hayes Cooper.Mitch, Craw ford. possible: CIIARLESL . ANDERSON Kuyke1,dall& Whatley Pamell , Crum & AnderS()n,PJ\. • Beasley, Wilson.A llen, Mendelsohn ALf'REDF. SMITH.JR. & Jemison. P.C., who sponsored re ROBERTR. BAUGH Maynard,Cooper, Fritrson freshments during Saturday morning Sirote, PermuU &Gale,P.C. breaks; REBECCASHOWS BRYAN IYltLIAM0. WALTON,Ill • First American Title Insurance Kinder-CareLeaming Walker.Hill, Adams, Company, who sponsored the ~·riday Centers,I nc. Umbach& Meadows aftemoon beach party; LAURAL. CRUM HALW EST • Pittman, Hooks, Marsh, Dutton & Hill, Hill, Carter. Franco, Cabaniss, Johnston, Gardner, Cole & Black llollls, P.C., who sponsored the Satur Dumas & O'Neal day night cocktail partyand band party: D.TAYLOR FL OWERS DUANEA. WILSON • Foshee & Turner, who sponsored Lewis,Brackin & Flowers Tanner & Guin. P.C. the Saturday afternoon beach party at FREDD. GRA"Y. JR. ERNESTP. WOODSON the Eltphant Walk: Gra>'·Langford. Sapp & McGowan Turner. Onderdonk GEORGEWARREN LAIRD. Ill & Kimbrough • Cunningham , Bounds, Yance, Crowder & Brown. who sp0nsored the Stephens& Laird ALYCESPRUELL Fridaynight cocktailparty; and FRANK8 . POTI'S Universityof AlabamaLaw Potts & Young School Development • Tille Insurance Companyand Pirst Alabama Bank, who sponsored the golf tournament. THEALABAMA LAWYER Juiy 1991/ 209 Spring admissions ceremony Involvement In the Young We also implemented a new program Many thanks are in order for Alyce Lawyers ' Division of the which will start next fall involving a Spruell who plannedher first admissions American Bar Association panel of young lawyers to speak at the ceremony this spring. The ceremony The Alabama YLS has been very various law schoolsto discuss the practi went smoothly. and the luncheon was involved in the YLDof the ABA.We have cal aspects and demands of the practice superb. We welcomeour newest young a number of members on various ABA of law. It is hoped this traveling road lawyersi nto the practice. YLDcommittees and have attended sev show wiII better educate law students eral of their meetings.We were fortunate about what to expectwhen they graduate Statewide meeting to have the ir president-e lect, Pam and begintheir practiceof law. of local affiliates Roberts, accept our invitat ion to the All in all, it has As1 reported in the last issue, we held, Sandestin seminar. She addressed the been a fun and for the first time this year, a statewide attendees and met with the YLSExecu exciting year. I meeting of the state officersand Execu tive Committee.We hope to continueour appreciate the tive Committee and the officersof each of involvementwith the ABAYLD. opportunity to the local affiliatesthroughout the stale. serve as presi This meeting provided an excellent Pre-law programs dent and all the forum for exchanging ideas and dis Thanks to Alyce Spruell,we sent a let support I have cussing young lawyer needs. It is hoped ter to all of the graduating law students received. Let's this cooperationand communicationwill at the various law schools welcoming keepup the good continuea nd be beneficiallo all. them to the practice of law and the YLS. Percy Badham workI • LAWYERSIN THE FAMILY Virginia8. Lockhart Aaron Seo/I Roebuck WallerCallon (1991) John MichaelJared Glenn Parker(/991) (1991)and Danny C. (199/) and Sidney 0. and Jimmy S. Callon ( 1991) and Debbie and James Allan Parker l,ockhart (1976) Roebuck, Jr. ( 1986) (1968) Umhey Jared ( 1983) (1934) admillooand admillee and husband admillee and brother admillee and brother admilltMand wife father vi..~·"- ;1! t rr .. 1'- ,1lex F. lankford /1991) Jeffrey TroinhltmBrock ChristopherC . Speaks CheryleOl!.lane Motley Anita lee Kelly (199.// and Alex F. Lankford,Ill (1991)and Joseph ( 1991),Francis W. Speaks (1991)and Thomas and 11.Lewis Cillis/1976) (1952) Bethune Nix, Jr. (1950) ( 1950)and FrancisW. DanielMotley (1984) admillee and uncle admillee and father otlmillee and uncle Speaks, Jr. (1985)adm,1- admillee and husband tee, brotherand father 210 / July 1991 THE ALABAMALAWYER ALABAMA STATE BAR SPRING · 1991 · ADMITTEES AlexanderNnanna Agil iga Jane AddalineCobb Donald MauriceJackson Dothan,Alabama Challanooga,Tennessee Coosada,Alabama StanleyCarter Allen JamesWinfield -Scott Couch MichaelWayne Jackson Annis/on,Alabama Nashville,Tennessee Manon,Alabama MichaelKirk Alston DavidNewton Cutl:hen John MichaelJared, Sr. Challanooga,Tennessee Birmingham,Alol>amo Elba.Afabama KeithAusbom James John Dalley Frank SteeleJones Montgomery,Alabama Mobile,Alabama Tallahassee,Florido HamiahinderSingh Bagga Sherrie WoodcockOewease AnitaLee Kelly Binningham,Alabama Mo!Jile,Alabama Troy,A labama PhilippaMcC lellan Bainbridge Annette EliZ11bethDooley TerryGlen l{ey New YorkCity, New Yo;k Birmingham.Alabama Dothan.Alabama Joseph Alan Bannister VirginiaLyn Durham LeighAnn King Nl?W York City. New York Birmingham,Alabama Birminghom.Alabama Hill>oardJefferson Beans, Ill LindaWheat Fi eld Joseph DavidLane Marion.Alabama Wichila.Kmuas Ashford.Alabama VickiAnn Bell StanleyEdward Field AlexllllderFillmore Lankford, IV HW1/suille,Alabama Wichita,Kansas Mo!Jllo.Alabama WilliamGregory Biddle MarkBruce Flake TheodoreA lfred Lawson,II l(no.wille,Ten nessee Huntsville,Alabama Birmin.qham,Alabama Jame$Jefferson Bradford RandalSimpson Ford VirginiaBarbara Lockhart Montgomery,Alabama Tuscaloosa, Alabama Birmingham,Alabama MicheleGraham Bradford James Paul Frey, Jr. ThomasChristopher Logan Gadsden,Alabama Vestavia.Afa/)ama .klck$on.Mississippi PhyllisLowery Brantley CaraMelenyzer C..llagher Darlttt Lucy Montgomery,Alabama Allan/a,Georgia Mobile,Alabama WilliamLeon Brantley TheodoreAleck Culiu John ElginMcCulley Bay Minette, Alabama Fairfield, Alabamo Montevallo,Alabama JeffreyTrainham Brock BernardEdouard Harcourt GeraldA llen McGill Montgomery,Alabama Montgomery,Jl/abama Pensacola,Flo rida BawdyJerome Brown DavidJerome Harrison Julia Sams McIntyre /llontgomery,Alabama Montgomery.Alabama Birmingham,Alabama SamuelMark Burr JeffreyJoseph Hartley Sara KatherineMcKenzie Bim1ingham.Alabama Washington.D. C. Birmingham.Alabama RickeyDarryl B}Td Lamar TravisI lawkins JeffreyRex McLaughlin Birmingham,Alabama Birmingham,Alabama Birminghom,Alabama Alisa Jean Caldwell Susan Scott Hayes MargaretMorrow McLeod Tallassee.Alabama Birmingham,Alabama Nobile,Alabama WallerBritt Calton ThomasChr istian Herren,J r. l THf':ALABAMA LAWYER July 1991/ 211 ALABAMA STATE BAR SPRING · 1991 · ADMITTEES LisaAnn Narrell RobertWayne Ruth H. MarieHall Thornton NewOrleans, Louisiana Huntsville,Alabama Nunlsville,Alabama CharlottaNorby Dennis RichardSandlin ChaliceTucker Travis Atlanta,Georgia Monlgomery,Alabama Birmingham,Alabama John LawrenceOlszewsk i Kyle DavidSawyer AlbertJohnson Tr ousdale, II Tuscaloosa,Alabama Montgomery,Alabama Huntsville,Alabama GlennAllan Parker Jean McElvaineSeay Share!Lynn Va.nsandl Montgomery,Alabama Equality, Alabama Chattanooga,Tennessee ThomasBrown Pau lk, Jr. DavidLewis Se lby, II Vangelinelone Volpe! Montgomery,Alabama Birmingham,Alabama Greensboro,Alabama ChristopherMatthew Petras SybilDen ise Sharpley WilliamClayton Wallace Montgomery, Alabama Pelham,Alabama GulfShores, Alabama BruceAndrew Pickens, Jr. Michae.lMorris Sh ipper RobertCharles Ward, Jr. New YorkC ity, New York Birmingham, Alabama Montgomery,Alabama ThomasEric Ponder PerryG lenn Shuttlesworth,Jr. KennethA lan Watson Montgomery.Alabama Birmingham,Alabama Mobile,Alabo_ma David GeraldPoston RolandLewis Sledge JeffreyTayl or Webb Anniston,Alabama Valley,Alabama Jackson,Mississippi KatherineAnne Quinby DonnaSue Smith GayM orris Weber Birmingham,Alabama Columbus,Mississippi Kenilworth,f//inois DavidLee Rawl s ChristopherGowan S peaks Milton James Westry Bim,ingham,A labama Clanton,Alabama Mobile,Alabama LaurenceByron Reid ThomasEzra Sport MarvinWayne Wiggins Birmingham,Alabama Montgomery, Alabama Montgomery,Alabama Thurston Howard Reynolds, 11 WilliamHylton Starnes DwightHughett Williams,Jr. Mantgomery,Alabama Huntsville,Alabama Montgomery,Alabama RobertErnest Rigrish RonaldChester Sykstus JulieMelissa Wilson Atlanta,Georgia Moody,Alabama Montgomery,Alabama AaronScott Roebuck JamesMarcus Tayl or SidneyHarper Wright, m Bessemer, Alabama Tuscaloosa,Alabama Dothan,Alabama PatriciaR Hart ogers John F'arreslTaylor AlexAndrew Yarbrough Selma,Alabama MidlandCity, Alabama Birmingham,Alabama John McKainRolfe, Jr. GeraldAlan Te mpleton HabibOllah Yazdtchi Birmingham,Alabama Birmingham,Alabama Montgomery,Alabama DavidWilliam Rooks Lyn.naeFrancine Thand iwe Birmingham,Alabama Atlanta,Geo rgia PaulineThompson Ruggles ElizabethCobb Thomas Birmingham,Alabama wxley, Alabama Statistics of Interest - February 1991 Bar Exam Number sitting for exam...... 79 Certificationpercentages : • Universityo f Alabama...... 73 percent Numbercertified to supreme court ...... 104 • Cumberland School of l..aw...... 63 percent Certlficationrate ...... 58 p ercent • BirminghamSchool of Law...... 1 8 percent • Jones LawInstitute ...... 58 percent • Miles Collegeof Law...... -0-percent 212 /July 1991 THE ALABAMALAWYER LEGALASSISTANTS: A GrowingRole in the Practice of Lawin Alabama By KATHLEEN A. RASMUSSEN n acknowledging the importance of a legal assis As the practice of law approaches tant's role, the American Bar Association has pro the 21st century, lawyersare duced a formal definition for this profession: "1\ legal D assistant is a person .. . who is employed by a law office . .. in a capacity or function which involves the perfor faced with complex legal issues mance, under the ultimate direction and supervision of an attorney, of speciricallyde legated substantive legal work. which not only in court but in their own work, for the most part, requires a sufficient knowledge oi legal concepts that, absent such assistance, the attorney would law offices.Increased caseloads, perform the task."' Legal assisants have also been defined as "a distinguishable technical office innovationsrang group of persons who assist attorneys in the delivery of legal services. Through formal education, training and experience, ing from computerizedlitigation legal assistants have knowledge and expertise regarding the legal system and substantive and procedural law which qualify support packages to WESTLAW them to do work of a legal nature under U1e supervision of an attorney."' and LEXIS®legal researchtools, Legal assistants initiate and complete a variety of assign ments. In many litigation firms in both civil and criminal and needs of clients for quality cases, legal assistants are utilized extensively. They conduct the initial client interviews,ga ther necessaryev identiary docu legalservices at competitive ments (police reports, medical records, birth and death certifi cates, income tax and bank statements, etc.) to build the case prices all combine to pressure file, stamp and index these documents, interview witnesses, and photograph and videotapescenes . They also attend dep0si lawyersinto operatingmore effec Lions and summarize transcrip ts. attend court sessions to assist with evidence and witnesses and to take notes, prepare tive, efficient and profitablelaw exhibits and trial notebooks, research statutory and case law, draft pleadings. motions and orders, and relay questions and practices. answers between the attorney and the clients. In firms which do not primarily engage in litigation, legal assistants are utilized to draft wills, trusts and other estate planning and administration documents, track estate matters Tohelp accomplishthese goals, through probate, draft contracts and agreements, conduct title searches, gather abstracts of title and other real estate docu lawyersare increasingthe use of ments for closings, research and shepardize statutory and case law. and write legal memoranda. Some corporate legal depart legal assistants to perform not ments employ legal assistants to perform specialized work solelyfor the re-~peclivecorpo ration's business interests. only routine case assignments but A few legal assistants perform law librarian-type duties in addition to their legal assistant work, such as updating pocket also specializedtasks. parts and looseleaf service updates, previewing, ordering and cataloging books, establishing and maintaining a working rela tio nship with publishers. and maintain ing informat ion 214 / July 1991 THE ALABAMALAW YER retrievalsystems for the law firm's collectionof publications. 3. graduation from a course o( study for legal assistants. briefsand previouslycompleted research projects. other than those previouslyset forth. plus not less than six Altom~ ran \'isualiu the benefitsthat a law furn wWreap months of in-housetraining as a legalassistant; when legalassistants are properlyutiliud. 1..egalassistants ran 4. a baccalaureatedegree in any field,plus not less than six relieveatlom~ of many duties that onlyattomeys would oth months in-housetraining as a legal assistant; erwisepe rform.Th e results of this are that attorneys ha\!em ore 5. a minimum of three years of law-related experience under free tit me as hey become the supeNisor over mundane work the supeNision of an attorney, Including at least six months or performedby the legal assistant. In-house training as a legal assistant; This additionalfree time will allowattorneys the opportunity 6. two years of in-houset rainingas a legal assistant;or to broaden their client base, devotemore efforttoward profes· 7. successful completion of the Certified Legal Assistant s1onaldevelopment. and manage lht firm's businessaffairs in examinationof NALA.' more detail. As for supervisingthe legal assistant's work. the Asof 1990,at least 16 collrgesin Alabamaprovide legal ass:is, attorney'sdele .gation of caseassignments to the legal assistant tant trainingprograms. These vary in the type of training they alwaysshould allow the attorney latitude to monitor routine provideto students, but each must meet general standardsof case proceedingsas neededwhi le he or she workson the more admission,curriculum and facilitiesin order to maintain the technicaland complicatedissues involved in a particular case. academicaccreditation requi rements that the accrediting body Someatto rneysand clients might feelt hat work performed by bestows.' Two of the programs in Alabama are accredited by the a legal assistant renders work of a lesserq uality. The work per A6A.T hey are located at Auburn Universitya t Montgomery and formedb)• compete nt legal assistantsca n render quality results Samford University. to the client.Work shou ld alwaysbe supeNisedby an attorney. The titles of courses offered in a legal assistllnt education with the attorney ultimately responsiblefo r the entire work program are much the same as those courses in a law school productregardless of who performsthe tasksinvolved in a case. student studies. Sevtral use the sametextbooks. and many of Clients ran benefit further by paying lower legal fees. The the programs'adjunct facultyare practicingattorneys. hours workedby legal assistantsshould bill out al a lowerrate Moreand more, legal assistantseither graduate from a for than a.n attorney.Also, clients can obtllininformation from the mal collegeprogram or completea certificate programin a for legalassistant when the attorneyIs not available.The legal assis mal education setting, Onceh ired,legal assis tants generallya re lllnl can relayq uestions and answers betweent he attorne)'and trained further by the em1>loyinga ttorney on the duties to ~ clients, whichsa ves time and allows the attorney freedom from assigned and how supcNisoryd etails will be handled. In the being lied lo the telephone when other matters deseNe atten alternative, a law firm employeecan receive "legal assistant" tion. type training from an employing attorney and then gain In Alabama,quality work results are further assured by the employmentstatus as a legal assistant when such in-house fact that the work of a legalassistant is Includedunder the 80\'· trainingis complete.without attending a formalizedprogram. ern,ng umbrellaof lht AlabamaState Bar's Rulesof Professional ConducLThe ethicalguidelines on confi~ntiality.conflicts of Employment and salaries interest and the unauthorized practice of law apply Lo legal Some law firms followa procedurewhereby their legalassis, assistantsvia Rule 5.3. The need for clarityin emplo)•ment posi tants are assignedto work for a group of attorneyson whatever tions as printed on business cards apply via Rule 7.6. These casesth e attorneysacccpL Othe r iaw offices employ legal assis· ensure that the legal assislant's conduct and work product are tants in strictly specialized areas of law, such as in real eslMe, compatible with the attorney's professionalob ligations to the corporate or estate planning practices. Sole practitioners often client. and ultimatelybecome the attorney'swork pr oducL use legalass istants to performa variety of tasks involvedl in he operation of a one-altorneylaw office,such as not only legal Education ass:istllntduties but generaloffice duties and ·go-for"work. Educationstandards for legal assistantswere drafted by the Kyle Barrentine,a legal assistant employedfor six year$al NationalAssociali<>n of Legal Assistants. Inc. in 1984.NALA is a the Birminghamfirm of Cabaniss,Johnston, Gardner.Dumas national organizationfor legal assislllntswhich was originally & O'Neal.mainly performs!Asks fo r the firm's senior partner incorporatedin 1975to giveprofessional recognition to the use and four additional attorneys, all of whom specializein labor or legal assislllntsin the deliveryof legal services,an d to pro, law. Barrenti ne's mote the professional development and continuing legal educa work cen ters on lion for legal assistants throughout the United States.' federaI cases con KJllhleen A. • The educationstandar ds adoptedby NALAr eflect the mini cerning civil rights Resmu•••n mum educationalqualifications and law-relatedwork history and Title VU. age Katnlotn A Ru• t1"I.ISMnII I O,ldlJIII• neededlo preparea personseeking employment as a legalassls discrimination, .,...... ,__,Vil tanL Theyare: union arbitrations """"_...,.. legal ...... C> 1. graduation from an ADA-approvedprogram of study for and \\'ajle-and-hour Ofll!' She 1111.,_, a legalassistants; disputes. 1egol a...... ,t 1or 2. gradUlllionfrom a courseof studyfor legalassistants which Hisduties consist sever, )'Nrl Shi •• employed ll\' tno is institutionally accredited but not ABA-approved, and which mainlyo f obtaining AlabamaOop1rtmon1 requires not less than the equivalent of 60 semester hours o( flies from the vari· otE-leond classroomstudy; ous federal agen- com~nllv Alta1r11inme LegaJ Sootlon TMEALABA MA LAWYER July 1991/ 215 attention to the fact that the potential to grow both nnancially and professionally adds a lot to a legal assistant's Jong-term STARTING SALARIES commitment to the firm and the legal profession. LeaAnn Adams, a legal assistant with the Montgomeryfirm • E of Beers, Anderson. Jackson & Smith, conducted a statewide 26 1- - -!'~ r"-,§ i -- i employment and salary survey in 1990. Her survey results exhibited that in four of Alabama's largest cities (Huntsville, Birmingham,Montgomery and Mobile),the starting salaries for legal assistants rdnged from as low as $8,400 in Huntsvilleto a high of $25,000 in Birmingham. Experienced legal assistants polled are currently earning salariesas low as $12,500in Mobile and as high as $40,000 in Birmingham. The average salaries currently paid to those surveyed are $31,125 in Birmingham. S24,633in Huntsville.$23 ,342 in Montgomery and $16.225 in BRMINGl-t,t,M HUNTSVILLE J11obile.• - LO\V - .A/ER.AGE IE) HIGH Surveys indicated that the legal assistant profession has an extreme))• high turnover rate. The average tenure of a legal assistant at a law firm is three years. Manylegal assistants com cies, summarizing documents into statistical charts and plain about low pay coupled with the lack of proper utilization exhibits, and drafting documents concerning the removal of from their supervising attorneys, boring and unchallenging cases to federal court. At trial. Barrentine tracks witnesses' statements and testimony throughout the duration of a case. and he maintains the exhibits and notes on expert witnesses. CURRENT SALARIES Occasionally,he shepardizes, checks cites and performs legal l!O~--~------~ research for casebr iefs. - Barrentine admits that he probably has more contact with the clients than do some of his supe1vising attorneys, but he also must be careful that clients and opposing counsel do not mistake him (or an attorney, a common error with new clients. AlthoughBirmingham has more readilyaccepted the concept of the legal assistant as a productive member of the legal team than have other locales in Alabama.Barrentine envisions the legal assistant professioni n general as an area for tremendous future growth. But he believes that many legal assistants are not currently utilized to their maximumpotential. He observes, B:RM N(lHAM HUNlSV'ILLE "Legal assistants need to be utilized more effectively. They should be allowed to do more than what is involved in the tradi - LOW - .'1/ERAGE CJ HIGH tional role of a legal support staff member. I perform whatever work is necessary to free up the time of the lawyersto do what work and the lack of a developingcareer path in this profession. they are trained for, to do what they are paid for and to do what Such complaints often result in the legal assistant's actually they want to do: practice Jaw.I must also developand maintain leaving the legal r1eld for another line of work. And, as of last a good relationship with the clients, treating them as I would year. very few legal assistants employed in large law firms want to betreated by performingin the most efficientand eco planned to remain in their positionsas a long-term occupation nomical manner." al objective.This can be attributed to job burnout.' Renee Chisholm, a legal assistant with Johnstone, Adams, Bailey,Gordon & Harris in Mobile, has been a legal assistant for Professional associations ten years and is one of seven legal assistants employedby that Professionallega l assistant associations have formed in the firm. She works mainly on cases involvinginsurance and prod past several years on the national, state and local levels. These ucts liability from the defense standpoint. Her duties include include the NationalAssociation of LegalAssistants. I nc., which drafting all types of litigation documents, conducting investiga has 67 state and local afliliates nationwide; Professional Legal tive interviews and photographing scenes. She summar izes Assistants,Inc.; the AlabamaAssociat ion of Legal Assistants;the deposition and medical records. At trial, she maintains lhe LegalAssistant Society of Southern Institute (in Birmingham); exhibits. trial notes and documents and keeps track of the wit the MontgomeryCounty Bar Association's LegalAssistant Sec nesses so that they appear al the proper court at the proper tion: and the MobileAssociation of Legal Assistants.There is time. She also teaches "hands-on" legal assistant courses at the even a National Federation of Paralegal Associationsin Deer Universityof South Alabama. field, Jllinois, which acts as an umbrella organizations for other Chisholm points out that while employing legal assistants to legalassistant organizations.The Ame.rican Bar Associationand perform case assignments at a lower hourly rate keepsdown the the AmericanTria l LawyersAssoc iation also have membership cost of rendering legal services to the client. attorneys must pay categoriesfor legal assistants. 216 / July 1991 THE ALABAMALAWYER grown to approximately75 members.Their purposein joining PARALEGALBILLING RATES together was to encourageprofessionalism and ethics, to dewl op professioneducation among membersin the legalassistant ,ao,--~~~,~~~~~~~~~~~~--. field,and to establishgood fellowship between the association's i membersand the Mobilelegal community. The membersmeet 80 on a monthly basis to hear prominent speakersaddress legal r• matters and communityissues. Says Bradley." Lawyersshould give paralegals progressive responsibilities and encourage developmentof initiativeand newsk,lls." Freelancing rreelance legal assistants are emerging as an alternative to the hiring or a full-time permanent staff legal assistant Free lancinga llows legal assistants the Oexibility lo work for differ 9RMN0t1AM l-il.1'4TSVILLE MCIEILE MONTOOMEAY ent law firms on a temporarybasis, and lawyersth e freedomto hire legal assistantsonly when the need arises. Freelancel egal - I.DH - NER>GE i=J ttt>< assistants often have advanced experienceIn the legal field which allows them lo specialize in certain areas or the law Membershipin lheseorganizations helpS define a legala.!Sis· while they are employed on a temporary basis. and which tanl's job into a career. It teaches professionalism,ethics and allows lawyersto operate a lucratr.-ebusiness on a ruU-time responsibility"'ithin the field,and gi11eslegal a.!Sistantsa net· basis. work or colleaguesfrom which to gain knowlegeand insight Someadvantages or hiring freelanceleglll assistants include into the specialtyareas or a law practice.Many legal assistants case efficiency,saving time and cost effectiveness.Freelance use associationmembership as an opportunityto gain continu· legalassistants can be ulilized onlywhen the caseloaddeman ds ing legal educationvia association-sponsored seminars.work · iL Hiringa temporarylegal assis tant to take the over1lowwork shops,publications and videotapes. offor the full-time legal assistant on staff willa llow the tasksto ALthe state level.t he AlabamaAssociati on or LegalAssistants be accomplishedin the same amount or ti me. AJso, lawyers wases tablished in 1982. Lynn Reynolds, AALA's current presi employing freelance legal assistants do not have to pay for their dent and a legal as.sislant with Sirote & Permutt in Blrming. job benefits, SocialSecurity , unemployment insuranceor year ham, estimates that the statewidememb ership is presently2 15 end bonuses. membersand rapidlygrowing. R eynoldsunderscores organiza tional membershipbecause, as she says, "A networkingsystem is really Important to a practicinglegal a.!Sistanl."AALA pro videsthat for its members.Education in the form or quarterly Affordable Term Life Insurance seminars held on a wide variety or topics is another benefit from Cook & Associates But, she adds,"In order to maintain a sense o( professionalism, Comparethese low non ,,moker onnual rate$ lor non there should be a system or certificationor licensingfor legal decreas,og, yearly renewabkt term msuronce; assistantson a nationalscale. The profession is growingso fast, MALE AGES $250,000 $500 .000 $1 ,000,000 LO and this \\'Ouldbe a way for attorneys verify if a leglllassis • 248.00 4S5.00 845.00 tant is in fact a (properlytrained) legal assistant ." 25 4S5.00 845.00 In Montgomery,the Montgomery County Bar Association 30 2•8 .00 3S 255.00 460.00 875.00 established its legal assistant section in the ran or 1987.T his 40 298.00 545.00 l ,045.00 section currently has approximately 50 members, and has 45 348.00 645.00 l .245.00 watched its membership double in the four years or its exis· so 430.00 8 10.00 1,575.00 tence. Vicki Glassroth.the section's first presidentand leg~I a ss 600.00 t, 150.00 2,25S.00 assistant with the AlabamaState Bar. states. "The section's 60 875.00 l .700.00 3,3S5.00 originalpurpose was to establish communicationsbetween the 6S 1.525.00 3,000.00 5.955. 00 legal assistants and the attorneys to spread awarenessor the legal a.!Sistanrsfunction. Nowit is not only a mechanismto Renewable to age 100 Femal THEALABAMA LAWYER July 1991/ 217 Of course, the downsideof freelancing includes the potential The Alabama State Personnel Department established the for a conflict of interest and nonavailability to work on speciric legal assistant job dassiMcationin 1985.This open register has cases or tasks when a legal assistant takes case assignments been growing with names of eligible legal assistants, but few from more than one attorney or law firm. In addition, there is state agencies are establishing the job classificationwithin their potential for the attorney's Jack of control and supervisionover in-house legal omces and hiring off of this register. A fewwhich the assignment, which could lead to the appearance of the legal have done so include the Alabama College System, the State assistant's unauthori,..edpractice of Jawsince the work would be Department of Education and lhe Department of Economicand performedoutside of the attorney's office.• CommunityAffairs . In Alabama,several freelance legal assistant businesses have Legal assistants in state government perform many of the opened. In Birmingham, Patricia Comer operates Comer & same duties of their counterparts in private sector law firms. Associates,offering services in the areas of litigation support, However, state government legal assistants are called upon to bankruptcy and deposition summaries. Attorney Suzanne research federal and state laws and monitor compI ianc e with Willoughbyope ned LECAL-EEStwo and a half years ago after these Jaws, draft proposed legislationand track it through com observinghow successfulthe freelance legalassisant business is mittees and debates, and process State Board of Adjustment in NewYork. claims against the agency, attend hearings before federal and On the average,about eight legal assistants apply each day to slate administrative boards, and draft the agency's policiesand freelance for LECAL-EES.Willoughby gives each applicant a procedures manual. skills test by which they demonstrate to her their levels of legal knowledgeand expertise.Though LECAJ..-EES places temporary Educational programs legal secretariesat a steady pace, she has yet to place her first The Bureau or Labor Statistics cites the legal assistant field as legal assistantinto a temporary position. Willoughbyattributes one of the most rapidly growing job classifications,at the pre this phenomenon to the need for employers to be educated on sent rate of 104 percent each year.• Schools offering legal assis how legal assistants can be properly utilized. tant programs appear to be sprouting up everywhere.I n larger Montgomeryand Mobile have recently seen freelance legal cities such as Atlanta, schools are saturating the market with assistants open up for bus iness, too. One of the new legal assistant programs, which in turn saturate the market entreprenuers is DebbieSellers, who was a legal secretary profi with graduates seeking employment and big paychecks. In cient in medical and business litigation. After graduating from Montgomery,a city of 200.000, there are currently six schools her legal assistant program, she found her new talents unwel offering legal assistant programs. The supply of legal assistants comed in the job market. So she opened her business in Mont is definitely exceedingthe demand. gomery, specializing in the areas of family practice and litiga Whal are the ways an attorney can ascertain how well quali tion. She says. "'Attorneysin Motngomery are scared of legal fied an applicant is for the legal assistant position offered?First, assistants. But don't be threatened by the fact that we are verify that the legal assistant training program 1\/hichthe appli trained to do what we do. Let us do our job. and !el us help cant attended actually exists. Call the school to see what courses you." are taught in the program and confirm that the applicant did graduate. Second, comparison shop. Legal assistant programs Government legal offices accredited by the ABAmeet strict standards and put forth a Until recently, legal assistants have been employedmostly in quaJity program good enough to carry the ABA's seal of private sector law firms and c.orporate in-house legal depart approval.Other programs not accredited by the ABAm ight not ments. Public sector utilization of legal assistants was, for the meet these standards. Third, determine whether you want the most part, slow to gain acceptance. Nowt hat it has caught the legalassistant you hire to be a "certified legal assistant''. attention of government Jawoffices, momentum is gaining. The federal government's Civil Service Register contains a "Parale Certification gal Specialist"classification, and employmentis availablein dis What exactly is certification for legal assistants? The National trict officesof the United Slates Attorney, as well as other feder· Associationof Legal Assistants, Inc. has a recognized national al agencies. The armed forces utilize active duty legal assistants voluntary certification program for legal assistants that has in their on-base Judge AdvocateGeneral 's offices. been proven to be slatisticaUy reliable. This exam recognizesa high level or standard of professional excellence in the legal field. TELEPHONE EQUIPMENT The two-daycertified legal assistant exam covers the areas of communication skills,judgment and analytical abilities. ethics. Buy • Sell· Install• Repair human relations. legal terminology and research, and the AT&T , BELL, ITT, EXECUTONE, etc. American legal system. In addition, four sub-tests are given in • 5 Button Merlin. $150 • the specialty areas of litigation, probate and estate planning, One Year Warren Tl real estate, criminal law. bankruptcy, contracts, corporate Jaw, and administrative Jaw.NAJ..A has been administering this exam 1-800-239-5655 since 1976. Once a legal assistant passes this exam, the designation" CLA" ff,\ WARRENTELECOM , INC. may be used by that person, but the certification must be Hwy . 280 E. Childersburg \U renewed every five years and a required number of continuing 218/July 1991 THEAI.ABAMA LA WYER sonnel (secretaries. messengers, librarians, janitors, etc.) per PARALEGALTASK FREQUENCY form labor which contributes to the work product for which an attorney bills the client. COMBINATION The attorney-client privilege and the work product rule are currently under reviewby an Arizonastate appellateco urt as to how they apply to legal assistants. In the case of Dawsonv. Phoenix Children's Hospital, No. 88-24894 (Maricopa County Superior Ct.. Ariz. 1988), the trial court decided that a legal assistant's memorandum, which was based on interviews with Of l1EJI 1)..1 the defendant employeesand written to her supervising attor "" .. ney, was discoverableby the plaintiff even though the court rec OOlAT R\INS 51 ognized that the memorandumwas considered to be work prod PAOlWE, .3 uct. and even though previouslaw would seem to dictate other· wise. Federal legal precedent set in, among other cases, Zenith OOAPOAAJE J, O l EOA&.~ESEAACM 1. 2 Radio C-Orporationv. Radio Corporationof America, 121 F. Supp. 792 (D.C. Del. 1954), and AdmiralInsurance Company v. UnitedStates District Court, 881 f'. 2d 1486 (9th Cir. 1989), argues U1eop posing viewpoint." In Zenith, the attorney-client privilege in a patent case was legal education hours must be accumulated each year for the determined to extend to an attorney's subordinates" who habit "CLA" designalionto remain in effect. ually report to and are under the personal supervision of the Certification or some other form or licensing appears to be attorney through whom the privilege passes." 121 I'. Supp. at the wave or the future for legal assistants. It serves several pur 794. Although the concept or legal assistants was not yet born poses. It is yet another way that legal assistants tM demon in 1954 when Zendh was decided,th is decision would certainly strate their knowledge and expertise in the legal field. It is applyto the 1990concep t under which legalass istants operate. another way that legal assistants can exhibit their commitment In the Admiralcase, the attorney-client privilegewas deter to proressional development and gain an edge over their com mined to be a "privilege" which "protects communicat ions petitors for jobs in the legal field." Says Suzanne Willoughby or betweencl ient and counsel to encourage the client to be forth LEGAL-EES,'1,icens ing is a necessity. It is as important to the coming with his attorney so that appropriate legal advicecan be legal assistant as the bar exam is to the attorney." offered.'' This was not to be confused with U1e work product rule which "is not a privilege but a qualified immunity protect Case law ing from discoverydocuments and tangible things prepared by As legal assistants have progressedi n developing their profes a party or his representativein anticipation of litigation." 881 F. sion, so, too, have issues arisen as a result or their widespread 2d at 1494. Though Dawsoni s on appeal in the Arizona state use. Nationwide, recent case law has emerged to further define court system, all litigationattorneys and legal assistants should and qualiry the bounds within which legal assistants can work be attuned to the final decision as it will potentiallyaffect case throughout the country. discoverythroughou t the nation if a legal assistant's work prod· The United States Supreme Court in Missouri v. Jenkins by uct is sought by opposingcounsel. Agyei, 109 S. Ct. (1989),recogn ized legal assistants' proression Conflictsof interest and the sanctity of confidentialinforma alism, work contributions and cost effectivenessi n delivering tion as they pertain to non-lawyer personnel have been featured legal services to clients. In this case, the court allowed the legal in KapcoManufacturing Compan.1/ , Inc. v. C&OEnterprises , assistants' time to be recoveredas separate compensationin the Inc., 637 P. Supp. 1231 (N.D. Ill. 1985)and Williamsv . Trans attorney fee award. at prevailingr elevant market rates for their WorldAi rlines. Inc.. 588 F. Supp. 1037 (W.D. Mo. 1984). In services. these cases, non-lawyerpersonnel "switchedsides " in the midst This separate legal assistant fee issue was challenged under of contested litigation, raising the question of whether the new the Civil Rights Attorneys Fees AwardsAct or 1976 (42 U.S.C. firm of employment should be disqualified from representing §1988). The Supreme Court upheld a rederal district judgment the clients involvedin the litigation. to award the prevailing parties with attorney fees based on the Kapco involved a non-lawyer leaving the employment of the attorney's work product. The court found that, "§ 1988 cannot plaintiffs counsel and going to work for the defendant's coun have been meant to compensateonly work performedpersonal sel. Here, the court ruled that no disqualificationof the defen ly by members of the bar,'' but must also take into account the dant's counsel was necessary,as the non-lawyerdid not disclose work of legal assistants and the like. confidential informationpertain ing to the plaintiffs case to her In the Kansas City metropolitan area, attorneys follow the new employer. practice of billing the work of legal assistants separately.So the Williams involved a non-lawyer who conducted personnel court allowedthe attorney fee to include separate compensation investigations and prepared various documents for the TWA for legal assistants, law clerks and recent law school graduates legal department on discriminationcharges brought against the at prevailing market rates under the attorney fee award. This airlines. When the non-lawyerwas furloughedby TWA,she pur separate compensationis fully in accord with §1988.Th e court sued her own discrimination claim against them and utilized reasoned that these personnel, along with other law officeper- the same attorneys ,sith whom she had been adversarieson dis- THEALABAMA LAWYER July 1991 / 219 cri mination cases while she was tants, or in the form of an attorney such cards.''u employed with TWA.The court ordered whose main duty is to manage the work 5. State bar associations adopting that the attorneys hired to pursue her Oowingto the legal assistants when sev codes of ethics for legal assistants. The dlscriminalion claim must disqualify eral are employedby the law firm. National Associationof Legal Assistants, themselves because, ''The fairness and 2. A billing procedure for legal assis· Inc. has adopted canons of ethics lo integrity of the judicial process and tants known as ''value billing." This is an guide practicing legal assistants in their TWA'slegitimate interest in a trial free idea wherein law firms bill by the task or daily duties. As the legal assistant profes from the risk that confidential informa· legal product rather than billing by the sion continues to grow and the parame tion has been unfair ly used against it hour for the legal assistant's time spent ters expand for their proper utilization, outweighs plaintiffs' interest in being working on a case. In value billing, the the need might well arise for individual represented by this particular law firm." value of the work product does nol state bar associations lo govern the ethi 588 F. Supp. at 1046. Thus, legal assis equate to the time invested in perform cal aspects of the legal assistant profes tants and their supervis ing attorneys ing the tasks. Instead. the work is billed sion just as they do for practicing attor· must use the ultimate care on the disclo at a fixed price based on its value to the neys. sure of confidential information when a client. The client benefits because there legal assistant changes places of employ is a limited price to the legal work being Conclusion ment within the legal profession. performed, and the law firm benefits The legal assistant profession can be a The ABAhas reasoned that normal law because it can perform work at com challenging career for those with a love office operations expose employees to petive market rates for who le Lasks of the law. The job requires a good edu confidential information. This obligates rather than for individual hours. Less cation, a capacity to learn quickly on the attorneys to exercisecare in the selection time is spent keeping track of those bill· job and an inquisitive nature. While and proper training of their employees to able hours, which, in tum, leads to less other states are currently more liberal preserve the sanctity of client confi bookkeepingheadaches. than Alabama in the use and treatment dences and secrets. Therefore, the legal 3. Licensing or certification require· of legal assistants. that should change assistant. the previous employing attor ments for legal assistants. With so many with time. The trend is clearly toward ney and the present employing attorney programs graduating a record number of great future growth in this field nation· al'e all responsible for protecting the legal assistants, the licensure and cerLifi· wide.And, as goes the nation, so, eventu· clients· confidences and secrets. This cation process will help to contro l the ally. goes Alabama. • may include establishing a screening legal assistant population much like the process to separate legal assistants from bar exam works to control the attorney Footnotes cases they worked on in their previous population. Licensure and certification 1. AtMrlcan Bar ~tlon StandingCommittee on employment." will be ways to control the qua!i ty of edu· Legal Assist.a.ms, Po51UonPaper on lhe OVestlon cation by confirming that education pro ol.LlcM~re Of Cerllf.cation ( 1986) The future grams are teaching the lega I assistant 2 National Association ol Legal Asslstan1s.Inc .. Model Standards and GUKfel!nes,for Ut!llzationol What does the futur e hold for legal students the necessary skills in order for Legal Assis1an1s. Anootat9d, 2..J (1990} assistants? The profession will undoubt them to enter the job market, and will be 3. Nalion,a1 Associahon ot Legal A1>Si$tan1s, Inc., edly see some new innovations, includ a way to maintain the level of profession ·careeret,,,,.,1c1e· , 6 (Jail 1990~ ing: alism needed to be successful once they d. td., 50 J. The increasing use of legal assistant are in that job. The nationwide certifica 5 legal Ptofe.ssional 1990 School Directory. $1 (J9fl./F&b 1990) managers. This can lake either the form tion exam for legal assistants will gain in 6 LA. Adams. Para!egali;! Art Ana:IV$4ol Ubll;atloo of a legal assistant who has been promot prominence. (1990) ed to the position of "managing parale 4. Listing legal assistants on law office 7. R. Granat. EHectrveUtillzarlon ol Legal Assisi.ants: gal'' over the other la1voffice legal assis· letterheads and business cards. The ABA Tho Pollllcal and Economic Realltles, ·LegaJ now allows la1voffices to list lhe names Ass 220 I July 1991 THEALABAMA L<\WYER DISCIPLINARY NOTICE TO; Greg Robert Yates REPORT FROM. Alabama State Bar RE: Order to Show Cause, CLE 91-43 Transfer Guntersville lawyer John Wallace Slames has been trans Notice ,s hereby grven to Greg Robert Yates , ano,ney, whose last known address ,s U S Banlwpt · ferred to disability inactive status pursuant to Rule 27. Rules cy Coun, 225 Recla< Place, # 12E. New V0 THEALAB AMA LAWYER July 1991 / 221 RECENTD ECISIONS By DAVIDB. BYRNE,JR., and WILBURC. SILBERMAN " ... To constitute a seizure of during a case's presentation to the trier UNITED STATES the person, just as to constitute of fact and may, therefore. be quantita SUPREME COURT an arrest-the qu intesse ntial tively assessed in the context of other 'seizure of the persons ' under evidence presented in order to deter Pourlh Amendment ju rispru mine whether the admission is harmless Officer 's pursuit of j uvenil e dence- there must be either the beyond a reasonabledoubt. suspect does not amount to application of physical iorce, Justices White, Marshall, Blackmun seizure within Fourth howevers light, or whether that is and Stevens objected stridently to the Amendm e nt absent, submission to an officer's ruling that some illegal confessions may U.S. California v. Hodari D .. 59 LW 'show of authority' to restrain the be "harmless error". Specifically, Justice 4335 (April 23. 1991). Is a juvenile who subject's liberty." Byron R. Whitecritica lly noted: fleesat the sight of a policeofficer and is In this case, no physical force was A confession is like no other evi chased "seized" for Fourth Amendment applied since H.D.was untouched by the dence ... and that the Court's purposes beforeactually being caught or police officer before he dropped the decision overrules a vast body of submitting lo the police show of author drugs. Moreover. assuming tha t the precedent ... and ... dislodges ity? The United Stales Supreme Court police officer's pursu it const ituted a one of the fundamental tenets of said no in a seven-to-two decision. ·show of authority". enjoining H.D. lo our criminal justice system In California v. H.D. , a group of hall, the juvenile did not comply with coerced confessionscan never be youths , includ ing H.D., fled at the that injunction. and therefore, was not condoned. approach of an unmarked police car on seized until he was tackled. Thus. the an Oakland, California street. One of the cocaine abandoned while he was run officers, who was wearing a jacket with Non -minor ity defendants ning was not the fruit of a seizure. "police" embossed on its front, chased have standing to raise M.D. \.\lhen H.D.. ,vho had been looking Batson challenges behind him as he ran, glanced forward, Coerced confes sions - Powers 11. Ohio. No. 89-5011 (April I, he saw the police officerand tossed away harmless erro r? 1991). Are white defendants entitled to a piece of crack cocaine. The police offi U.S. Arizona v. Fulminate. 59 LW new trials if convicted by a jury from cer tack led him and recovered the 4235 (March 26, 1991). May coerced which blacks were excluded because of cocaine. confessionswrong ly used as evidencein their race? The Supreme Court said yes The state court of appeals ruled that a criminal trial sometimes be deemed in a seven-to-twodecision . H.D. had been seized when he saw the harmless error? The Supreme Court, in Writing for the major ity, Justice police officer running toward him, that a five-to-four decision, answered yes. f 222 / July J99l THE ALABAMALAWYER tor's racially discriminatory use of criminal's second or subsequent habeas court for a hearing on the Batson ques peremptory strikes against African corpus petition. tion. Speciflcally, Justice Shores Armrican,-enire members, the Supreme It is this writer's opinion that Nc obsen'td: Court has effectively reversed recent Cleskey serves as a preface to the Su Thal lhe failure of tTial counsel decisions by the Alabama appellate preme Court's efforts lo restrict federal lo make a timely Batson objec courts which have held that Batson post convictionrelief lo one turn of the llon lo a prima facie case of could not be raised by defendants who wheel. purposeful discrimination by the are not of the same race as the excluded State In the jury selection pro juror. See Ex part Bankhead, No. 89· cess through its use of perempto J179(Aln, 1991). SUPREME COURT ry challenges is presumpliue/11 OF ALABAMA prejudicial to a defendant. (em· Abuse of great writ phasisadded.) McCleskegv. Zant. 59 U.S. LW4288 (April16, 1991). Is "deliberateabandon Failure to m.ake Batson ment" the standard for Judgingwhether motion raise s colorable Pro secutor's comment on a federal habeas corpus petition repre Strickland clalm , I.e ., lneffec• def e ndant 's silence yield s sents an abuse of the writ? 1'heSupreme tive assistance of counsel rever sal Courl answered no in a six-to-three Yelder v. State, 25 Alli! 1239(January Williamsv. State, 25 ABR(Janunry 11 , opinion. 11, 1991).ln a case of first impressionin 1991). WIiiiamswas convicted of first In an effort to rebut McCleskey's Alabama, Yelder argued that he was degree rape and sentencedto life Impris allb, defense at his 1978 Georgia mur denied effecli~ assistanceof counsel in onment without parole. His conviction der trial, the State called Offie Evans, that his trial lawyer did not object. was affirmed by the court of cnminal the occupant of the jail cell next to under Batson o. Kentucky. 476 U.S. 79 appeals. The supreme court granted the defendant's, who testified that Mc (1986), to the State's use of its peremp Williams'writ of certiorari to determine Cleskey had admitted to and boasted tory challengeslo strike 17 of 18 black if, in his closing argument to the jury, about the killing. On the basis of this jurors. the prosecutor made an Impermissible evidence,the jury convicted Mccleskey The legal standard for determining a comment on Williams' failure lo testify. and sentencedhim to death. claim for ineffectiveass istance of coun The closingargu ment reflectsthe follow After the Georgia Supreme Court sel as set forth In Stricklandv. Washing ing: affirmed,McCleskey filed an unsuccw ton, 466 U.S. 668 (1984). requires that Bythe State: ful petition for state habeas corpus relief the defendantmust show: Mr. Belcher: - He is charged with alleging, inter alia. that his statements First, that counsel's performancewas rape. He hasn't told }'Ouhe didn't do IL lo Evanswere elicitedin a situation cre deficienL This requires showing that He hasn't told you-He gave a ated by the State to induce him to l11llke counsel made errors so serious that statement- incriminating statements without the counsel was not functioning as the /tfr. Johnson: We object to Lhat. lie assistance of counsel, in violation of "counsel guaranteed the defendant by keeps going on about that. That is nol Massiahv. UnitedStates , 377 U.S. 20J. the Sixth Amendment". Second, the admissible. McCleskey then filed his nrst federal defendant musl show that the deficient Mr. Belcher:H e did give a statement. habeas petition which did 110/rnlse a performance prejudiced the defense. Hewaived his right - Massiahclaim, and a second slate peti This requires showing that counsel's During the hearingon the motion for tion, both of which were ultimately errors 11-ereso serious as to deprivethe new trial, the prosecutordenied that he unsuccessful. defendant of a fair trial, a trial whose commentedon Williams'failure to testi Finally,the defendantfiled his second result is reliable. Unless a defendant fy. Instead, he contended that he was federalhabeas petition in 1987 basing a makes both showings.it cannot be said only trying to point out lo the jury that Massiah challenge on a 21-page state that Lheconviction or death sentence Williams had made a statement to the ment that the cellmate, Evans, had resulted from a breakdownin the adver police wherein he stated that he had made to police h~o weeks before the sary process that renders the result Intercourse with the victim but claimed trial. unreliable. that It wasconse nsual. Led by Justice Anthony Kennedy,the Justice Shores,writing for the majori Both the Alabamaand United Slates Court held lhat McCleskey's failure to ty, agreed with Judge Bowen's dissent conslilutionsprohibit a prosecutorfrom raise his Massiahclaim in his first feder that it is nece5$llryto create an addition making a comment to the Jury on the al habeaspetition constituted an abuse al category under the "presumedpreju defendant'ssilence. Griffm v. Califomio. of the writ The Court instead adopted diced" exception to Strickta11d.Accord 380 U.S. 609 (1965): Ex parte Yarber. for the "abuseof the writ" doctrine, the ingly. the supreme court reversed that 3;5 So.2d1231 (Ala. 19i9). To guarantee same ·cause and prejudice" standard p0rtion of the judgment of the court of the enforcementof that prohibition,the used in determining whether an appeal criminal appeals' Ondinglhat counsel's Afabal11llLegislature provided in §12-21- must be dismissed for a procedural failureto raise Batsonin the selectionof 220 lhat: default.The new standard makes It easi the venire raised a colorableStrickland ... If U1edis trict attorney makesany er to attack, as abusive, a convicted claim andremanded the case to the trial commenl concerning the defendant's THEALABAMA LAWYER July 1991/ 223 failure to testify, a new Lrial must be point, holding that downstream pay granted on motion filed within 30 days ALABAMA COURT OF ments made by the parent corporation from entry of the judgment. CRIMINAL APPEALS on the obligations of its subsidiarywere The Alabama Supreme Court. led by ' vulnerable as fraudu lent transfers. Justice Almon, applied their recent Lenders have been aware for some time decision in Ex parte Wilson,__ So.2d Right to pre sent that subsidiary's payments pursuant to __ (Ala. 1990). The supreme court, in def ense the guaranty of its parent or a sibling reversing Wilson's conviction. critically Nichols v. Stole, 5 Div. 560 (March 1, corporation were very much subject to noted: 1991). ln Nichols. the court of criminal attack. appeals reversed the defendant's convic In the instant case, the parent filed The State's argument tha t the tion because of prosecutorial interfer bankruptcy after making payments on comment was a pennissible refer ence with the defendant's pretrial inves the debt of the subsidiary arising from ence to the taped statement com tigation and preparation. the purchase of a corporate jet. The pay pletely overloo ks the obvious Prior to trial, a prosecutor senl wit ments by the parent had not caused the inference available to the jury nesses expected to be subpoenaed for subsidiary to become solvent. In particu that the defendant did not take testimony a letter containing the follow lar, the court held that the payments the stand so as to contradict or ing language: made by the parent to the lender had amplify his statement. Given the "Between now and the time of trial, created no equity in the jet for the par context of the rebuttal, it is diffi. you may be contacted by an attorney ent, which itself was a corporate shell. cult to imagine a more specific representi ng the defendant. He may Because the parent received no benefit comment on Wilson's failure to ask you for an oral statement, written from the payments. they were due to be testify, notwithstanding the dis statement, or tape-recorded statement. avoided as a fraudulent transfer. In trict attorney's later atte mpt to Should th is occur. you may refuse to essence, there was no ·•reasonably equiv limit the comment to a reference discuss the case with him if you wish. alent value nowing to the parent corpo to the taped statement. Should you decide to discuss the case, ration". As in Wilson.Justic e Almon concluded you may require that someone from the that the prosecutor's statement was a District Attorney's Office be present or direct comment on the defendant's fail that any discussionta ke place in the Dis Subordinat ion ure to testifywhich required reversal. trict Attorney'sOffice ." of claim One witness testified that he Matierof Fabricator's,In c.. 21 B.C.D. decided not to talk with defense 809 (5th Cir., 1991).A sole stockholder counsel without the presence of a corporate creditor entered into an of an employee of the District agreement with debtor corporation to 224 / July 1991 THE ALABAMALAWYER lemco Gypsum, Inc., 911 F.2d 1553 . In re Harrell, 754 F'.2d 902, 906-07, also apply in Alabama. The mortgage (11th Cir. 1990). (11th Cir. 1985), rejecting the minority had a dragne t clause allow ing it to view which allows courts to examine the pertain to future advances. The ques party's present financial condition in tion became whet her it applied to a Exceptions to determining whether the obligation is guaranty later made by the debtor, and discharge - alimony currently necessary for maintenance or finally execution of a consolidated note and support support. In other words, "what was, is". by the debtor within 90 days of In in re Paul Chris Gianakas, 917 P or an excellent discussion of discharge bankruptcy. F.2d 759, 23 C.B.C.2d 1510, the Third ability of obligations under a divorce The court , in holding agains t the Circuit affirmed lower court decisions decree, see In re Delaine, 56 B.R. 460 lender, stated that as the mortgage holding that an obligation of the hus (Bankr. N.D. Ala. 1986). rec ited that a fut ure adva nce was band to pay a second mortgage is in the secured by the mortgage only if the doc nature of alimony, maintenance or sup uments relating to the transaction con port and, thus, not subject to the auto Dragnet clause - tained specific wording that they were matic stay of §362 of the Bankruptcy future advance to be secured by the mortgage, the Code. The divorce decree provided, clause in mortgage dragnet clause would not encompass among other items of support, that the In re William Robert Rude, 122 B.R. these future advances. The court stated husband would assume and pay U1e sec 533 (Bankr. E.D. Wis. 1990). Although that any dragnet clause is likely to be ond mortgage on the former home of this is a Wisconsin case, the reader viewed with disfavor by the courts and the parties which was conveyed to the may be of the opinion tha t it could must be closelysc rutinized. • wife. The wife continued to live in the home with four children of the parties. The court stated that one must look behind the labels attached to obligations under a settlement agreement to deter mine whether the obligation was in the nature of alimony, maintenance or sup port. This determination is a question of federal and not state law, but the deter HELPING mination dependsu pon the intent of the parties at the time of the settlement agreement. This case cites many prior cases, including a Pennsylvania case of NESSES Buccino v. Buccino in which 15 factors were set out to aid in making the deter mination. There also was ment ioned, among others, the 11th Circuit case of FOR David a. Byrne, Jr. David B. Byrne, Jr .• Js a g,aduate of ttKIUn 1vet• For 50 years attorneys. mortgagelende rs, builders and sity al Alabama. where he receivedboth his realtors have called on us to help closeon their real estate uncler.gracfua:e and law oegrecs.He fs a metn transactions-commercial or residential. ber o4 lhe Montgomery Some say it's becausewe 're prompt. Others say it's f'tm of Robison& Bclsor and oo•,ers thee1i minal becausewe 're dependable.J'vlo st, however, say it's because portionof 1he THE ALABAMALAWYER July 1991/ 225 • M·E·M·O·R·l·A·L·S • 23 ytars until 1984,when he became · of counsel". In recognition of his extraordinary talents, Perry Hubbardwas elected in 1972as a Fellowof the AmericanCol lege of Trial Lawyers.He also served his rellow attorneys and our state as a member or the Advisory Committeeto the Fifth Circuit Court of Appealson Appellatellules; a member of the Advi PERRY HUBBARD sory Committeeto the Supreme Court HARRYH. HADEN of Alabama on Appellate Rules: past Whereas.Honorable Perry Hubbard presidentof the TuscaloosaCounty Bar IVhereas, lfarry H. Haden died in died March 11. 1991;and Association; past chairperson of the Huntsville, Alabamaon the third dayof Wherws, the TuscaloosaCounty Bar AlabamaState Bar Practiceand Proce April 1991, and since his last retire Association desires to remember his dure Section;and through his substan· ment ha.sbeen a member or this Asso name and lo recognizehis substantial lial involvement in local community ciation;and contributionslo our profession,as well activities, such as the Young Men's Whereas.he was born in Berkeley. as Loour state and our community; Christian1\ssociation. California.and arter graduating from Now, therefore. be it known,that the During his 46 years of practice, EnglewoodI ligh School in California, said Perry Hubbardwas b orn on March Perry Hubbard was admitted to prac he movedwith his parents to Virginia, 17, 192 1, ln Tarrant , Alabama. He tice before nil of the state and federal and in 1931,artcr two years of study in receiveda B.S.d egree from the Univer courts In the Stale of Alabama,as well the Departmentof Lawat the Universi sity of Al~bama In 1943 and was a as the United States Supreme Court ty or Virginia, successfully passedthe member of Bela Camma Sigma. He and the Fifth and Eleventh circuit bar examination and began the prac went on to receive an LL.B degree courts of appeal. He distinguished tice of law in Fluvanna County, Vir from the Universityof AlabamaSchool himself all over our slate as a skillful. ginia; and of law in 1945and was a member of aggressive trial and appellate lawyer Whereas.he served in the United the Farrah Orderor Jurisprudence. who not only recognized. but believed States Army Ordnance Departmentin Perry Hubbard was admitted to the in, the conceptthat the practiceof law Africa. Italy and the UnitedStates dur Bar of the State of Alabama in 1945 is a profession, not simplya business. ing WorldWar II, attaining the rank of and began practice with the firm of He was a warm and true gentleman to major;and Spain, Daviu. Gillon & Crooms in his colleagues at the bar and always Whereas, in 1946, he was awarded Birmingham. In 1948, he came to adhered lo the highest ethical and an LL.B.degree from the Universityof Tuscaloosato teach at the law school intellectual standards. He was proud Virginia, and thereafter became a where he taught al various limes over lhat his clients included not only the member of the facultyof the Schoolo f a period of 43 years such courses as very wealthy and power(ul, but also Lawof lhe University of Alabama;and will, trial and appellate procedure, those with meager resources who had Whereas,in 1948, he was granted a common law pleading, equity pleading suffered redressablewrongs. He loved leaveor absenceto do graduate work at and, most recently, appellateadvocacy the law and was a "lawyer'slawyer" in the University or Virginia and was and a seminar in class actions. At one everysense of that phrase. Our profes awardedthe LL.M.degree; and time, Perry Hubbardheld the distinc sion has suffered a great loss in his Whereas, Professor Haden has tion of havingtaught everymember of passing. taught appro~imately 14 different the Alabama Supreme Court and he Although the death of Perry Hub courses at lhe law school. but always wa.salways a positi.oeinfluence on all of bard will leave a void, both personally considered taxation as his specialty; his students. and professionally, which will not easi and In 1953. Perry Hubbard became ly be filled. we, at the same time , ll'hl!r 226 /July 1991 Tl It: ALABAMALAWYER on the faculty of the School of Lawof the University of Virginia Law School DabneyH oefler;and the Universityof Alabamain Septem during the summer of 1949;and Whereas, Professor Haden has been ber 1962,and in addition to his teach Whereas,Professor Haden has pub blessed with three grandchildren and ing duties servedon the UniversityRe Iished numerous law review articles, rive great-grandchildren; and search Committee, was chairperson of book reviews and a textbook, Funda Whereas,he has been an outspoken the lawschool Self-Studyand Planning mentals of FederalTaxation ; and advocate for ad valorem tax reform in Committee,and was a member of nu Whereas,after his retirement from the State of Alabamaand was dedicat merous organizations, including the the School of Lawat the University of ed to bis professionof teaching;and Tax Council of the Association of Alabama, Professor Haden was desig Whereas,the LawSchool of the Uni American Law Schools , Executive nated ProfessorEmeritus; and versity of Alabamaand the bar of the Committeeof the NationalAssociation Whereas.Professor Haden served on State of Alabamah ave had the benefit of Tax Administrators, Committee on the law faculty of the Stetson Universi or ProfessorHaden 's knowledge of the State and LocalTaxation of the Ameri ty School of Lawlocated in St. Peters law and his superlative qualities as a can Bar Association,Board of Directors burg, Florida on two occasions for teacher for over 20 years; and of the Alabama Credit Union, Boardof eight years and held the Distinguished Whereas, it is in grateful memory Bar Examiners of the Alabama State Professor of Law Chair at MercerUn i and appreciation for all of his contri Bar, State Planning and Industrial versity LawSchool in Macon, Georgia butions to his fellowman and especial Development Board, and the Alabama for three years; and ly to his professionand to the bar of and Virginia state bars; and Whereas,upon his last retirement, the State of Alabamathat this resolu Whereas,in addition to his services Professor Haden and his beloved tion is adopted. on the faculty or the School of Lawat wife, the former Mary V. Johnson, John W. Evans the University of Alabama, Professor made their home in Huntsv ille, President,Huntsville-Madison Hadenserved as a visiting professorat Alabama to be near their only child, CountyBar Association BARNES,JOHN RANDOLPH HUGHES,JAMES LEWIS, J R. Florence Birmingham Admitted: 1950 Admilled: 1940 Died: January 29, 1991 Died: December 30, 1990 CANNON,EDMUND R. McMINN, THEODOREDAVID, SR. Camden Cullman Admitted: 1952 Admilled: 1954 Died: April 10, 1991 Died:Apr iI 2, 1991 FARMER,CARL SEXTUS MILLER, GEORGEWAYNE Dothan Gadsden Admilled: 1929 Admilled: 1947 Died: March 26, 1991 Died:March 18, 1991 FOWLER,TALBERT BASS, J R. ROBERTSON,JOHN STEVEN Dothan Anniston Admilled: 1958 Admitted: 1988 Died: March 31, 1991 Died:March 26, 1991 HATHCOCK,DOUGLAS WILBURN SPEIGHT,JOHN JOSHUA Huntsville Dothan Admitted: 1981 Admilled: 1913 Died:May 3, 1991 Died:July 24, 1954 HUEY,THOMAS E ., J R. WILLIAMS, RALPHROGER Birmingham Tuscaloosa Admil/ed: 1933 Admilled: 1952 Died:March 11, 1991 Died: May 19, 1991 THE ALABAMALAWYER July 1991/ 227 Consultant's Comer The followingis a rwiew of and commentaryon an officeautomation issue Iha/ has curre11/importance lo the legal cr,mmunilg, preparedbu the office aulomalion c:onsu/lonllo the stale bar. Paul Bornstein, whosev iews are no/ necessarily those of the stale bar. This ls the 20th article in our "Consullonl's Comer" series. Wer vould like lo hear from gou, both in cri tique of the articlewrit/en and suggl!iilionsof topicsfor future articles. Smell- and medium-sized at the expenseor the other equallycriti· developmenLAl the six-monthanniver· firm checkup cal issues.Gross profit, total income less sary, and at least annually thereafter. As more and more large llrms experi the cost of delivering the service, ls each associateshould be offereda well ence growlh difficully. the altendanl often used as a yardstick to measure thought-out crit ique or his work and layoffs and reduced expectations For profitability. lt is a 1,oor measure. The givenan opportunityto comment on the aspiring partners, il appears lhat lhe simple acl of promoting all your associ work environment, the quality of men· small- and medium-sized firms will be ates to partner will cause a dramatic toring, staff support, etc. The punchline all lhe more attractive to the existing decrease in expense, since associates' to a revue should alwaysbe a statement partners and associates. as well as lo salaries are expenses while partners ' that the associateis (or is not) on track newly admitted members. Therefore. draws are not. You can have a 65 per toward principalstatus (or partnership). you are becomingmore attractive; make cent grossprofit, iFyou wish, and still be If not. what needs to be done to get back sure the attraction is more than skin dangerouslyunprofitable. on track should be offered. deep. Considera checkup lhal looks at Profitability is better measured by the issues most critical to small- and average fee income per lawyerper year. Growth and business dev elop. medium-sized firms: profitability, asso H your utilization(ratio of billablehours ment ciate development. growth and business to total hours) Is high, 80 percent or This Is another area where 1>artners development. more, and if your realization (ratio of somet Imes hide their heads In the sand. effectiverate to budgeted rate) is high, hoping Lhe issue will go away. It will Profitability 90 percent or so, then you are (and will not. fa-en iFyou have no growth plans. This almost always is the key issue be) profitable.True. averagefee income, you must develop10 to 15 percent new with law firms. Regrettably,many firms as a measure of profitability,seems to business every year to compensate for spend too much time worryingabout it. ignore the issue or expenses.but it has "leakage". the loss or existing clients been my experiencethat for those firms through death, moving away or choos· having a budget, the expenses actually ing another provider.The key question track with 4 percent of budgeL Indeed, Is most partners' minds is, ''Wherewill Ad vance to J11ris- an expense budget can be said to be self. this new business come From?" Good a new level of law office correcting. news! A detailed study of firms with a11tomati on. viable business development plans yield The future In law Associate dev e lopment ed the rather astounding discoverythat office automatlon Is This is the least appreciatedresponsi 80 percent of new businesscame from a unfolding and Juris bilityof small-and medium-sizedfirms. firm's existingclient base. has emergedas the If }'OU ignore or undervaluethe impor· Doyour clients know 1!1'1!1'!/lhing}'OU leader In full-featured tance or this. 11ouwill be trainmg vour do. or do they presume you are special software for future compelitio11.Do not presumethat ists, lrke doctors, and do only what you today's advanced your a.ssociatesare "happy".Ask! Each iniJiallyd id ror them? It is your respon technology systems. associate,e\len iF there is only one in the sibilityto see that your clients are aware Juris offers Timekeeping and firm, should have a road map of progres of Lhe firm's total service offerings. Bllllng, Management Reporting, sion to partnershipor principal status. Remindyour clients of everyone'sprac Trus t Accountin g, and mon,, ILshou ld set goals.by year. from first tice skills.not just yours. Join us in the pursuit or excel· year associate status to partnership lcnce. Write or call your Juris threshold. There should be annual Summary Authorized Dealertoday . expectationsfor billablehours. effective Everything mentioned above, from rate. efficiency in legal research and revenue enhancement to associate maturity in the nrt of writing. Progres· developmentto businessplanning, takes sively, you may wish to add require Lime,and that leads to the lasl tldbiLBe ments for supervising younger associ excellent time managers, 1vhich re ates, project management and business quires scrupulous timekeepers. • 228 /July 1991 THE ALABAMALAWYER Request for Consulting Services Office AutomationConsulting Program SCHEDULE OF FEES, TERMS AND CONDfflONS Finn Size* Duratlon .. Fee Avg. Cost/lawyer I I day $ 500.00 $500.00 2-3 2 days $1,000.00 $400.00 4-5 3days $1,500.00 $333.00 6-7 4 days $2,000.00 $307.00 8-10 5days $2,500.00 $277.00 Over 10 $250.00 'Number o( l•wy,,rsonly (excl uding QI <:DUnsd) • •Durationrefers lo Im plann Address------City ______ZIP___ _ Telephone#______Contact person ______TtiUe______Number of lawyers__ paralegals__ secretaries__ others __ Officesin other cities?______ ITS PRACTICE PracticeAreas (%1 Litigation Maritime Corporate Real Estate Collections Est.ale Planning Labor Tax Banking Number of cllenls handled annually Number of matters presently open______Number of matters handled annually How often do you bill? EQUIPMENT Word processingeq uipment (if any) ------031.l processing equipment (if any)------Dictationequipment (if any)______Capyequipment (if any) ______Telephoneequipment ______ PROGRAM % of emphasis desired Admin.Aud it WP l'letds Analysis DP NeedsAnalysis .__ _ Preferredlime (I) W/E ------(2) W/E ------Mail this request for service to the Alabama Stale Bar for scheduling. Send lo the nttentlon of Margaret Boone,execulive ossistant, AlabamaStale Bar, P.O. Box 671, Montgomery, Alabama 36101. THEALABAMA LA WYER July 1991/ 229 CLASSIFIED NOTICES RATES: M ember&: 2 free l1$tlr,gspet bar membl!f per ca!enda, yea, EXCEPTror · p()Sllion wanted'"Of ·pos11JOnotfeted· lisung5- $35 per insen.of'Iof SOWOfdS Of less. $.50 per ac.ldil.lOnalword , N onmembers: S3Spet lnsenlon or SOwo1ds et loss,S .50 pet additioool word. ClasS1f1-0d copya nd paylTl9r11must be receivedaccor ding to the tOlfow!ng pubfrstungschedu t.e· Sept·embe.r '91 Issue - deadflneJo ly 31: Novem.b&r '91 issue - deadlineSeptembet 30 No deadfinee xtensions wdl bo mado. SMd classlf!od copy and payment,payab!@ 10 TheAlabama Lay.ye,, to: Alat>amaLa~ Classifieds. cJoMargaret M U1phy, P 0 . Box 4156, Momgomery. Alatwna 36101 months. All new jobs each Issue. Pub FOR SALE ment, 1953-64: Code ol Alabama. 1975, Vol. 1-23and Index, Vol. 24-25; Amencan lished since 1979 Fed era l Reports , For Sale: Save 50 percent on your law Jurisprudence. Proof of Facts, Vols. 1· 11 1010 Vermont Avenue, N.W. , books . Call Nallonal law Resource, and General Index ; Walker B. Jones 1406-AB, Washington , D.C. 20005 . America's largest law book dealer. Huge Alabama Practice & Forms: Bender's Uni Phone (202) 393-3311. Visa/MC. Inventories. Low prices. Excellent quality form Commercial Code Service. Vol 1· Your satisfaction absolutely guaranteed. 1A, 1B. Vol. 2. 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The journals can For Sale: Southern Reporter, Vol. 1·200: SERVICES be sent at the less expensive "library Southern Reporter 2nd Series. Vol. 1-237: rate· Alabama Reporter, Vol. 286-295, October Service: Medical rnalpractlce and per term-1978; Alabama Reporter, Vol. 331 sonal injury, record review and invesllga· tlon . Peggy Smith Anderson, So.2d-Vol. 485 So.2d: Alabama Appellate POSITIONS OFFERED Courts Reports, Vol . 46-57; Alabama Health Care Consultants , can pro Position Offered: Attorney jobs , vide a detailed report on the strengths Digest, Vol. 1·21 : Shepard's Alabama national or federal legal employment Citations: Supplement. 1972; Appellant and weaknesses of your medical record. report. Highly regarded monthly detailed and Southern Reports, Case Edition Part Medical research outlining the standard listing ol hundreds of attorney and law 2, 1972; Supreme Coun Reports. Case of care and assistance in obtaining related jobs with the U.S. Government Edition . 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Service: Wrongful death , personal Montgomery , Alabama 36109. Standard lee lor wtmen valua11on In· 1n1ury Expert actuaries will teslofy to Phone (205) 272 -2353. court 1est1mony for hourly tea Call value ol k>sl luwre earnings ,n wrongful David Godofakv, C&B Consulting deatn and P8f$0n&I1n1ury cases Fellows Service: Legal research help Expen· Group , a Corroon & Black compa. of Soc1e1yof Actuaries Experienced 1n enced anorney , member of Alabama ny , 1927 1 st Avenue, North, Birm• court Can as&ISI In design of structured SeateBar since 1977 Access lo state law Ingham , Alabama 35203. Phone settlement Call David Godofskv, library WESTLAW availa ble. Prompt (205) 323-7000 . C&B Consulting Group, a Corroon dead line sea rches . We do UCC-1 & Bla c k company , 1927 1st searches . $35/hour. Sarah Kathryn Service: Allanta, Georgia co-cou nsel. Avenue, North , Birmingham, Farnell, 112 Moore Building, Do you need a Georgia lawyer as CO· Alabama 35203. Phone (205) 323 · Montgomery , Alabama 36104. counsel tor plaintiff's personal Injury 7000. Ph on e (205 1 277-7937. No represen case? I havo 15 years· experience and talfon is mad• about the qua/ilg of the legal limn my pracuce 10 personal 1n1uryend Service : Traf11c engineer consul· Sffl!iceslo ~ p<'fform.ao , the expertiseof WOlke Servlce : Exam,nauon ol questioned documen!S Handwn1ang.iypewntirog and relaced exam1na11ons lnlernalionally coun-quahfied expe,1w,1ness Diplomaie , NON-STANDARD Amorocan Board of Forensic Documenc Examiners. Member. American Soc,ecyo f FORM FEE IMPOSED Questioned Documen t Examiners . the lnlernatlonal Assoc,allon for ldent1fica- On July 1, 1991, the Alabama Secretary of Slate slopped accepting , 11on, ihe British Forensic Science Sociel)I the 5"xe· financing statement forms and the e·x 10· UCC-1 1 reques t and the National Assoclalion of Criminal Dofense Lawyers. Retired Chief Docu· for Informa tion as the standard for filing In Alabama menl Examiner , USA Ct Laboralor ies For the past year, the Secretary of State Unlfo1m Commercial Code Han a Mayer Oldfon, 218 Merry. section has been accepting both size forms without charging the mont Drive , Augusta , Georgia S2 non-stand aid form tee. 30907. Pho ne (404) 8&o-4267. Service: Cerlllied forensic documenc The newly approved standaid forms for filing are 1he e·x10· LJCC.1 examner. BS . M S .• graaua1eol urwer financing statement, e·x 10· UCC-3 statement for continuation, partial s,Cy-basedresident school in document release. assignment, amendment or term,nallon : e·x10· UCC-E examinalion Published nal/internaL Sev· extension form , and the 5"x8' UCC· 11 requesl for information form enteen years· trial experience 1n stare and federal courts ol Alabama. Forgery, Any othe r size forms will considered non-standa rd and will require alcerallons and document authenllcoty exam1na1lons In non-cri minal matler s. the additional $2 fee when submitted to lhe UCC o ffice for filing . American Academy Forensic Sciences. American Board Forensic Documen l Examiners.A merican Society Questioned Document Examiners Lamar Miller , P .O. Box 55405, Birmingham , U.S. DEPARTMENT OF HOUSING AND Alab11m1135255. Phone (205) 988- URBAN DEVELOPMENT 4158. BIRMINGHAM , ALABAMA Service: Secur,11osexpert wuness Wdl Pan-ume Attorney Position Available Up to 32 hours pet week . testdy 10 SUl!abthtyand chumong.Fif1een flexible hours. other legal wor k Is not permuted. years· exponence '" secunlies tius,ness Salary Range· 31.11610 44,348 (pro-rated) Arb111a1orfor Nauonal Association of For mote 1nrorma1ion and a copy of Veeancy AnflQUncemoo1 contact Securoly Dealers. American Arb11ration RobertMoo re. Chlel CounHI Assocla1ion, American Slack Exchange U.S. Oept. ol HUO Can ass1s1In coun or arburation heanng 600 Beacon Pkwy W., Sulla 300 Member Nallonat Forensic Center B,rmingham. Alabama 35209-3141.C Chuck Schlldheuer, Gulf Shores {205) 290-7633 lnvest .ment Co., Inc., Gulf Shores, MUD IS AN EQUAL OPPORTUN ITY EMPLOY ER Alabama . Phone (205) 968-819 1. • TME ALABAMA LAWYER July J991 / 231 ALABAMASTATE BAR EXPO '91 Hilton Exhibition Hall Thunday, July 18z 8:30 a.m. - 4:30 p.m. iliillt) ·ll·lii Friday, Julyl9: 8:30 a.m. - 4:30 p.m. L·\\\ PRAcnCE Saturday, July 20: 8:30 a.m. -1:00 p.m. Grand Prize Drawing : Exhibitor Listing An IBMP SI wilh color monitor, printer and Booth Number Edllbltor softwarepackage will be givenaway to some lucky I ...... LEXIS• visitor to lhe AlabamaState Bar EXPO'9 1. Visi 4 ...... Lanier Worldwide , Inc. tors who havetheir exhibithall passesvalidated at a minimumof 15 booths then will depositthem 6 ...... AC3Computer Center in the registration barrel as they leavethe hall 7 ...... BirminghamPublishing Company and have an opportunity to win the computeras 13 ...... The NetworkConnection well as other prizes.The drawingwill be held Sat 14 ...... Atto rneys LnsuranceMutu al of Alabama,In c. urday morning during the businesssession. 15...... Management Advis ory Services You must be present to win. 16 ...... DataTech, Inc. 17 ...... The MichieCompa ny Other Prizes: 18 ...... West Publishing Compa ny PCABA/ne t" 19...... ABNnet , The LawyersNetwo rk IBM-basedcommunication software package 20 ...... Parksid e of Alabama with MicrosoftWindow & mouse 21...... The Alabama LegalDirectory Sponsor: !NETCompany of America 31 ...... Lawyers Cooperat ive Publishing Set 1991 Consumerand BorrowerProtection 32 ...... ValCom Computer Center Sponsor: LawyersCooperative Publishing 33 ...... Commerce Clearing House U.S.Master Tux Guide on Disk(1991 ) 34 ...... Spectra Image Systems Sponsor: CommerceClearing House 35 ...... Insuran ce Specialists,Inc. LANIER 1111.. U\\)Cr.l CooperJtl\'l'Publishing ._ ..------/8\TheLaw)'t{'s N~ ----• - -- INSURANCE SPEC IAL I STS. rNC. LEXI~~ - West ==Publishing II., Company ~~ ~ Tl IE Nf.TWORK CONNECTION PARKSIDE Lodgr of Alabama.111, . ... '"''"· ··· .., ..,,...... , ...... Amer,ca' s Computer Center 232 / July 1991 THI~ALABAMA LA wn;R REGISTER · TODAY! ALABAMA STATE BAR 1991 IS DIFFERENT! ANNUALMEETING IT'S THE BEACH! • Group Breakfasts 18-21, 1991 • Alumni Luncheons • AlabamaL aw Institute • Sand, Sun & Saltwater • Fishing, Coif & Tennis and more! learn tacticsfor using technology to increasethe productivity and efficiencyfor your practice. Discoverhow lawyers employ the latest document assembly,database spreadsheet and substantive applicationsin their work. learn the latest in technologysystems and how to decidewhat is right for you. GOLFTOURNAMENT Frida)', July 19, 1991 / Perdido GoUClub •••••••••• • Pield limited to 72 player~• Bnsedon handicaps •••••••••• • Men play from men's lees:ladies play fromladies' tees. •••••••••• • Teamsestablished by committee • Each pfayer drives;p layers select best drive and so on until ball is holedouL TECHNOLOGY ALABAMASTATE BAR EXPO ---- INTiffi Thursday , Friday. & Satu rday Hilton Exhibition Hall LAWPRACTICE REFRE SHMENTS • PRIZES Registration available throu gh July 12, 1991. PERDIDOBEACH HILTO N For more information concerning registration , ORANGEBEACH call (205) 269 -15 15. ALABAMA REPORTER - (i;=5 r I w=~. Hr. GeorgetlcCor•lck Dent, III Suprpa,eCourt of A(ab~e• 445 Dext~r Ave, Nont90111tryAl 36130