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Annual Meeting 2013 State Bar of Georgia Annual Meeting June 20-23 l Hilton Head Island, S.C. How does your firm face risk? Claims against attorneys are reaching new heights. Are you on solid ground with a professional liability policy that covers your unique needs? Choose what’s best for you and your entire firm while gaining more control over risk. LawyerCare® provides: Company-paid claims expenses—granting your firm up to $5,000/$25,000 outside policy limits Grievance coverage—providing you with immediate assistance of $15,000/$30,000 in addition to policy limits Individual “tail” coverage—giving you the option to cover this risk with additional limits of liability PracticeGuard® disability coverage—helping your firm continue in the event a member becomes disabled Risk management hotline—providing you with immediate information at no additional charge It’s only fair your insurer provides you with protection you can trust. Make your move for firm footing and call today. Call Ben Parks at 866.372.3435 for a free, no-obligation quote. Rated A (Excellent) by A.M. Best LawyerCare.com T urn to smarter tools for legal research. Visualize search results to see the best results Only Fastcase features an interactive map of search results, so you can see the most important cases at a glance. Long lists of text search results (even when sorted well), only show one ranking at a time. Sorting the most relevant case to the top might sort the most cited case to the bottom. Sorting the most cited case to the top might sort the ® most recent case to the bottom. Fastcase’s patent-pending Interactive Timeline view shows all of the search results on a single map, illustrating how the results occur over time, how relevant each case is Smarter by association.based on your search terms, how many Log in at www.gabar.org times each case has been “cited generally” by all other cases, and how many times each case has been cited only by the super-relevant cases within the search result (“cited within” search results). The visual map provides volumes more information than any list of search results – you have to see it to believe it! LTN Free to members of the State Bar of Georgia. #1 2010 Customer Satisfaction Survey Members of the State Bar of Georgia now have access to Fastcase for free. Unlimited search using Fastcase’s smarter legal research tools, unlimited printing, and unlimited reference support, all free to active members of the State Bar of Georgia. Log in at www.gabar.org and click the Fastcase logo. And don’t forget that Fastcase’s free apps for iPhone, Android and iPad connect to your bar account automatically by Mobile Sync. All free as a benet of membership in the State Bar of Georgia. Quick Dial Editorial Board Attorney Discipline 800-334-6865 Editor-in-Chief ext. 720 404-527-8720 Bridgette E. Eckerson Consumer Assistance Program 404-527-8759 Members Conference Room Reservations 404-419-0155 Julia Anderson Michelle J. Hirsch Fee Arbitration 404-527-8750 Robert Henry Beer Michael Eric Hooper CLE Transcripts 404-527-8710 Diversity Program 404-527-8754 Donald P. Boyle Jr. Hollie G. Manheimer ETHICS Helpline 800-682-9806 John Clay Bush Edward Alexander Marshall 404-527-8741 Clayton Owen Carmack Olivia Orza Georgia Bar Foundation/IOLTA 404-588-2240 Georgia Bar Journal 404-527-8791 Catherine Nemetz Clutter Matthew James Pociask Lawyer Assistance Program 800-327-9631 James William Cobb Addison Johnson Schreck Lawyers Foundation of Georgia 404-659-6867 Timothy Jerome Colletti Jack P. Smith III Law Practice Management 404-527-8773 Law-Related Education 404-527-8785 Lynn Gavin Robert R. Stubbs Membership Records 404-527-8777 Adina Greiner Pamela Y. White-Colbert Meetings Information 404-527-8790 Christina Virginia Hendrix Pro Bono Project 404-527-8763 Professionalism 404-225-5040 Sections 404-527-8774 Editors Emeritus Unlicensed Practice of Law 404-527-8743 Robert R. Stubbs, 10-12 William L. Bost Jr., 91-93 Young Lawyers Division 404-527-8778 Donald P. Boyle Jr., 07-10 Charles R. Adams III, 89-91 Manuscript Submissions Marcus D. Liner, 04-07 L. Dale Owens, 87-89 The Georgia Bar Journal welcomes the submission of unsolic- Rebecca Ann Hoelting, 02-04 Donna G. Barwick, 86-87 ited legal manuscripts on topics of interest to the State Bar of Georgia or written by members of the State Bar of Georgia. Marisa Anne Pagnattaro, 01-02 James C. Gaulden Jr., 85-86 Submissions should be 10 to 12 pages, double-spaced (includ- ing endnotes) and on letter-size paper. Citations should con- D. Scott Murray, 00-01 Jerry B. Blackstock, 84-85 form to A UNIFORM SYSTEM OF CITATION (19th ed. 2010). William Wall Sapp, 99-00 Steven M. Collins, 82-84 Please address unsolicited articles to: Bridgette Eckerson, State Bar of Georgia, Communications Department, 104 Marietta Theodore H. Davis Jr., 97-99 Walter M. Grant, 79-82 St. NW, Suite 100, Atlanta, GA 30303. Authors will be notified L. Brett Lockwood, 95-97 Stephen E. Raville, 77-79 of the Editorial Board’s decision regarding publication. Stephanie B. Manis, 93-95 The Georgia Bar Journal welcomes the submission of news about local and circuit bar association happenings, Bar members, law firms and topics of interest to attorneys in Officers of the State Bar of Georgia Georgia. Please send news releases and other informa- tion to: Sarah I. Coole, Director of Communications, 104 Robin Frazer Clark President Marietta St. NW, Suite 100, Atlanta, GA 30303; phone: Charles L. Ruffin President-Elect 404-527-8791; [email protected]. Kenneth L. Shigley Immediate Past President Disabilities Patrise M. Perkins-Hooker Treasurer If you have a disability which requires printed Robert J. Kauffman Secretary materials in alternate formats, please contact the ADA coordinator at 404-527-8700 or 800-334-6865. Jon Pannell YLD President Headquarters Darrell L. Sutton YLD President-Elect 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 Stephanie Joy Kirijan YLD Past President 800-334-6865, 404-527-8700, FAX 404-527-8717 Visit us on the Web at www.gabar.org. Communications Committee South Georgia Office 244 E. Second St. (31794) P.O. Box 1390 Jay Cook Co-Chair Tifton, GA 31793-1390 Robert Ingram Co-Chair 800-330-0446, 229-387-0446, FAX 229-382-7435 Coastal Georgia Office Communications Staff 18 E. Bay St. Sarah I. Coole Director Savannah, GA 31401-1225 877-239-9910, 912-239-9910, FAX 912-239-9970 Jennifer R. Mason Assistant Director Publisher’s Statement Derrick W. Stanley Section Liaison The Georgia Bar Journal (ISSN-1085-1437) is published six times Stephanie J. Wilson Administrative Assistant per year (February, April, June, August, October, December) with a special issue in November by the State Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, Georgia 30303. Copyright State Bar of Georgia 2013. One copy of each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to non-members. Single copies: $6. Periodicals postage paid in Atlanta, Georgia and additional The opinions expressed in the Georgia Bar Journal mailing offices. Opinions and conclusions expressed in articles herein are those of the authors and not necessarily those of the are those of the authors. The views expressed herein Editorial Board, Communications Committee, Officers or Board are not necessarily those of the State Bar of Georgia, of Governors of the State Bar of Georgia. Advertising rate card will be furnished upon request. Publishing of an advertisement its Board of Governors or its Executive Committee. does not imply endorsement of any product or service offered. POSTMASTER: Send address changes to same address. 10 GBJ Legal Departments 22 10 4 From the President Whose Money Is It Anyway? 8 From the YLD President How Garnishments Are Affected 40 Bench & Bar by a Bankruptcy Filing Office of the General by David A. Kleber 50 Counsel GBJ Features 52 Lawyer Discipline 18 54 Law Practice Management 32 Georgia Bar Media 56 Section News & Judiciary Conference 58 Member Benefits in Its 22nd Year 60 Writing Matters by Stephanie J. Wilson 64 Professionalism Page 22 68 In Memoriam 2012 Georgia Corporation 72 Book Review and Business Organization 76 CLE Calendar Case Law Developments by Thomas S. Richey 78 Notices and Michael P. Carey 83 Classified Resources Advertisers Index 56 30 84 Business Development Symposium: Law Partners and In-House Counsel Explain the Art of Business Development by Marian Cover Dockery 32 Meriwether County See details on the 2013 Courthouse at Greenville: Annual Meeting on the 60 The Grand Old Courthouses inside back cover of this of Georgia issue. More information by Wilber W. Caldwell is available online at 34 www.gabar.org. Georgia Legal Services Program “And Justice for All” Honor Roll of Contributors From the President by Robin Frazer Clark Photo by Zach Porter Photography All I Really Know About Professionalism I Learned in Golf ou probably recall Robert Fulghum’s popu- The game of golf is governed jointly by the Royal and Ancient Golf Club (R&A) of St. Andrews, Scotland, lar book, All I Really Need to Know I Learned and the United States Golf Association (USGA). But, as stated in the USGA’s “The Spirit of the Game” docu- in Kindergarten, which was first published ment, “Unlike many sports, golf is played, for the most Y part, without the supervision of a referee or umpire. The in 1988. Its premise was that game relies on the integrity of the individual to show con- the world would be a better “But lawyers must always bring sideration for other players and to abide by the Rules.
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