Annual Meeting

2013 State Bar of Georgia Annual Meeting

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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 bene t 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 (including 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 information 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. All place if we simply adhered our ‘A’ games, and when it players should conduct themselves in a disciplined manner, to the basic rules of kinder- comes to professionalism, we demonstrating courtesy and sportsmanship at all times, garten, such as sharing, being would do well to incorporate irrespective of how competitive they may be. This is the kind to one another, cleaning spirit of the game of golf.” golf’s lessons of honesty, Likewise, the American jus- up after ourselves, etc. tice system is governed by our integrity and courtesy into our courts, from the U.S. Supreme If I had the opportunity to Court on down. But much of suggest a sequel specifically service to the public and the what lawyers do on a daily for lawyers, its title might be basis is not in the courtroom All I Really Need to Know about justice system.” or under the direct supervi- Professionalism I Learned on the sion of a judge. As officers of Golf Course. As golf stands out the court, we each have a duty from other sports as a “gentleman’s game,” the ideals to self-regulate our daily practices to—as declared in the of professionalism in the practice of law are aimed at Mission Statement of the Chief Justice’s Commission on ensuring our field remains a “high calling” and not Professionalism—”exercise the highest levels of profes- “just a business like any other,” enlisted in the service sional integrity in their relationships with [our] clients, not only of the clients, but of the public good as well. other lawyers, the courts, and the public and to fulfill

4 Georgia Bar Journal [our] obligations to improve the law and the legal system and to ensure access to that system.” At the end of the day... If you apply each component of “A Lawyer’s Creed,” developed by the Chief Justice’s Commission on Who’s Really Watching Professionalism (the Commission), to the ideals of integ- Your Firm’s 401(k)? rity in golf—and vice versa—the similarities between the game and the practice of law are even more striking. And, what is it costing you? To my clients, I offer faithfulness, competence, diligence, and good judgment. I will strive to represent you as I would want to be represented and to be worthy of your trust. Do you remember how hard law school was? Learning how to play golf can be equally difficult. Once you’ve learned the basics, improving your game and maintaining a standard high enough to enjoy playing can be even more challenging. Many times, you’ll feel like quitting. As in practicing law, golf takes a lifetime of hard work, concentration, training and patience to stay at the top of your game. In golf and in our law practices, we are always seeking to improve. Everyone knows Tiger Woods, but do you know who Sean Foley is? Only avid golf fans are aware that Sean Foley happens to be the guy who (at present) teaches YES NO Tiger how to play golf. Yes, Tiger Woods, the world’s Does your firm’s 401(k) feature current No. 1 player, takes golf lessons. So does Rory no out-of-pocket fees? McIlroy and Phil Mickelson. So did Jack Nicklaus and most every great golfer you’ve ever heard of. Does your firm’s 401(k) include Admittedly, the sessions Tiger has with his teacher professional investment fiduciary might not look like the lessons a beginning golfer services? would take from the local club pro. In the ever-elusive pursuit of the perfect golf swing, Tiger and other pro- Is your firm’s 401(k) subject to fessional golfers are in a constant state of fine-tuning quarterly reviews by an independent the near-perfect. board of directors? In the golf grill at Torrey Pines, engraved in the slate above the fireplace, Geoffrey Chaucer is paraphrased: “The lyfe so short, the game so longe to lerne.” The If you answered no to any of these questions, contact the point is that, no matter one’s experience and expertise, ABA Retirement Funds Program by phone (866) 812-1510, we never stop learning, whether in golf or in legal on the web at www.abaretirement.com or by email professionalism, we never stop learning. That is why [email protected] to learn how we keep we are required to take professionalism CLE credits a close watch over your 401(k). on an annual basis. The Commission approves and oversees more than 500 professionalism CLE sessions Please visit the ABA Retirement Funds Booth at the upcoming State Bar of per year and produces the curricula and materials for Georgia Annual Meeting for a free cost comparison and plan evaluation. those sessions. The Commission expanded its focus June 20-23, 2013 • Marriott Resort & Spa, Hilton Head, SC to include judicial professionalism by assisting the Institute of Continuing Judicial Education in developing programs on professionalism for Georgia judges. To the opposing parties and their counsel, I offer fairness, integrity and civility. I will seek reconciliation and, if we fail, I will strive to make our dispute a dignified Who’s Watching Your one. Temper tantrums and other demonstrations of Firm’s 401(k)?

“unsportsmanlike conduct” have no place in the legal The American Bar Association Members/Northern Trust Collective Trust (the “Collective Trust”) has filed a registration statement (including the prospectus therein (the “Prospectus”)) with the Securities and Exchange Commission for the offering of Units representing pro rata beneficial profession, or on the golf course. interests in the collective investment funds established under the Collective Trust. The Collective Trust is a retirement program sponsored by the ABA Retirement Funds in which lawyers and law firms who are members or associates of the American Bar Association, most state and local The great Arnold Palmer tells this story: “In the final bar associations and their employees and employees of certain organizations related to the practice of law are eligible to participate. Copies of the Prospectus may be obtained by calling (866) 812-1510, by visiting the Web site of the ABA Retirement Funds Program at of the Western Pennsylvania Junior when I was 17, I www.abaretirement.com or by writing to ABA Retirement Funds, P.O. Box 5142, Boston, MA 02206-5142. This communication shall not constitute an offer to sell or the solicitation of an offer to buy, or a request of the recipient to indicate an interest in, Units of the Collective Trust, and is not a recommendation with respect to any of the collective investment funds established under the Collective Trust. Nor shall there be any sale of let my putter fly over the gallery after missing a short the Units of the Collective Trust in any state or other jurisdiction in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities laws of any such state or other jurisdiction. The Program is available through the State Bar of Georgia as a putt. I won the match, but when I got in the car with member benefit. However, this does not constitute an offer to purchase, and is in no way a recommendation with respect to, any security that is available through the Program. my parents for the ride home, there were no congratu- C12-0201-010 (2/12) lations, just dead silence. Eventually my father said, ‘If

April 2013 5 ments which, others’ good shots and refrain from often, will go laughing at their bad ones. unnoticed by The R&A says, “All players everyone else.” should conduct themselves in a The top golf- disciplined manner, demonstrating er of the first courtesy and sportsmanship at all half of the 20th times, irrespective of how competi- century was tive they may be. Etiquette is an none other than integral and inextricable part of the Atlanta’s Bobby game, which has come to define Jones. He won golf’s values worldwide.” 13 major cham- As in the practice of law, time pionships and, is a valuable commodity in golf. if not for his Show up promptly for your tee own integrity, time. Maintain an appropriate pace I ever see you throw a club again, would have won another. In the of play, and let faster players play you will never play in another golf first round of the 1925 U.S. Open, through. In short, show consider- tournament.’ That wake-up call Jones was about to hit a shot out ation to others at all times—wheth- stayed with me. I haven’t thrown of the rough on the 11th hole at er on the course, in your office or a club since.” Worcester Country Club near in the courtroom. When in doubt, “Throwing clubs, sulking and Boston. As he took his stance, the refer to the Golden Rule. barking profanity make everyone head of his club brushed against To the profession, I offer assis- uneasy. We all have our moments the grass and caused a slight move- tance. I will strive to keep our busi- of frustration, but the trick is to ment of the ball. No one saw this ness a profession and our profession a vent in an inoffensive way. For except Jones. calling in the spirit of public service. example, I often follow a bad hole After taking the shot, Jones In golf, this is called taking care of by hitting the next tee shot a little informed his playing partner, the course. In the fairway, replace harder—for better or worse.” Walter Hagen, and the USGA offi- your divots. On the green, repair At the end of a round of golf, the cial accompanying their match your ball mark and one more that members of the foursome shake that he was calling a penalty shot someone else failed to fix. After hit- hands with one another, even if on himself. Hagen and the official ting from the sand, rake the bunker someone if your foursome sound- tried to talk him out of it, but he completely. You do these things ly beat you in the round. It hon- insisted he had violated the rules not to help yourself but to leave the ors the game and your opponent. and took the penalty stroke. In course in the same or better condi- Likewise, following a trial, adver- what other sport would a situation tion for the golfers behind you. saries shake hands, regardless of like this take place? Attorneys are called into the pro- the outcome. I have never had a Had Jones carded a 76 in that fession of law to serve others. At the problem shaking the hand of my first round instead of a 77, he recent launch of the second annual able adversary when he or she would have ultimately won the Georgia Legal Food Frenzy to fight has conducted himself or herself championship by one stroke. The hunger, I used Supreme Court of with integrity and professionalism penalty forced him into a playoff, Georgia Justice Robert Benham’s throughout the litigation. It hon- which he lost. Jones was praised recollection that when he was a ors our justice system and your by sports writers for his honesty, little child, each morning at the opponent. As Shakespeare wrote in to which he was reported to have breakfast table, his father would “The Taming of the Shrew,” “do as replied, “You may as well praise a first ask, “What are you going to adversaries do in law, strive might- man for not robbing a bank.” do today?” His next question was ily but eat and drink as friends.” To my colleagues in the practice always, “What are you going to do To the courts, and other tribu- of law, I offer concern for your wel- for someone else today?” nals, and to those who assist them, fare. I will strive to make our associa- To the public and our systems of I offer respect, candor, and courtesy. tion a professional friendship. In golf, justice, I offer service. I will strive to I will strive to do honor to the search for proper etiquette is just as impor- improve the law and our legal system, justice. In other words, play by the tant as competency, and often more to make the law and our legal system rules at all times. The R&A states, so. For example, you remain still available to all, and to seek the common “. . . we are reliant upon our own and silent when your fellow com- good through the representation of my honest adherence to the Rules in petitors are taking their shot. And clients. The raging issue in golf these order to enjoy the game. As a result when on the green, you don’t walk days is over the R&A and USGA’s we are all occasionally forced to call in their putting line between the decision to ban the use of the long a penalty on ourselves for infringe- ball and the hole. You congratulate putters that some players anchor

6 Georgia Bar Journal against their bodies to steady their able profession of which we should always bring our “A” games, and putting stroke, much to the chagrin be proud, a more adequate under- when it comes to professionalism, of many successful players on the standing of our mutual problems, we would do well to incorporate professional tour who use those a keener knowledge of our faults golf’s lessons of honesty, integrity long putters. But regardless of how and our virtues, with a mutual and courtesy into our service to the that matter is resolved, protecting determination to eliminate the for- public and the justice system. and improving the game is the ulti- mer and preserve and enhance the A closing thought: Many of us mate responsibility of those who latter; and finally we will have whose favorite avocation is play- play the game. The same is true for the opportunity of establishing ing golf have no doubt fantasized the legal system. We are, after all, among ourselves a sense of broth- about trading in our day jobs for a in this together. erhood, mutual respect and trust career of fame and fortune on the When making the case for the and through all of this to strive professional tour. But consider that unified State Bar in 1963, Georgia diligently to improve the adminis- the aforementioned Bobby Jones, Bar Association President H. tration of justice in our state.” the most accomplished golfer of Holcombe Perry said, “It has been There is, of course, one huge dif- his era who later co-founded the pointed out that in relation with ference between golf and legal pro- Augusta National Golf Club and the public the Bar has always been fessionalism. Golf is just a game. For the Masters Tournament, never and always will be a unit. The most of us, a good day or a bad day turned professional. actions and sayings of one lawyer on the course won’t be life-altering. In fact, Jones retired from com- reflect credit or discredit on the rest That is not the case in our law prac- petitive golf all together at the age of his professional brethren in the tices. We are responsible for protect- of 28 in favor of his chosen profes- eyes of the public. The interests of ing the rights of our clients. Many sion: Georgia lawyer. all lawyers are inextricably woven times, the outcome of our work can together. Through such an organi- have life-changing consequences. Robin Frazer Clark is the zation, with all lawyers participat- No one is perfect, and winners and president of the State Bar of ing, we will come to have a better losers in the legal system are often Georgia and can be reached at appreciation of the fact that we are determined by circumstances we [email protected]. all members of a great and honor- cannot control. But lawyers must

April 2013 7 From the YLD President

by Jon Pannell

2nd Annual Georgia Legal Food Frenzy

ore than 1 in every 4 Georgia chil- or below 185 percent of the U.S. Poverty Income Guidelines. Thirty-nine percent of the food insecure dren (26.3 percent) live in “food children in Georgia live in households making above the 185 percent of poverty rate and are likely ineligible insecure” households. That comes for federal programs. These families are truly a part of M the “working poor” in today’s economy. to more than 640,000 children The Georgia Food Bank “I encourage all Georgia Association is comprised of under the age of 18. Overall, seven regional food banks located across the state, which Georgia has a 17.4 percent lawyers to participate in the are a part of the Feeding America network. The Atlanta food insecurity rate; nearly 1 2013 Legal Food Frenzy. Your Community Food Bank (metro-Atlanta and northwest in 5 Georgians, or more than donations will not only impact Georgia), The Food Bank of Northeast Georgia (Athens), 1.9 million people. The USDA hunger all over the state but Feeding the Valley (Columbus), Middle Georgia Community defines food insecurity as the will help reduce hunger in Food Bank (Macon), Golden Harvest Food Bank (Augusta), lack of access to nutritionally your own hometown.” Second Harvest of South Georgia (Valdosta/Albany) adequate food resulting from and America’s Second Harvest of Coastal Georgia (Savannah) provide assistance in all the lack of money and other resources. 159 counties of Georgia. Food banks do not distribute food directly to those in need of assistance, but they col- Hunger is not limited to the unemployed and the lect, inspect and inventory food for distribution to more homeless. To be eligible for federal food nutrition than 2,300 partner agencies in Georgia. Partner agencies programs, an applicants’ gross income must fall at include food pantries, youth programs, senior centers,

8 Georgia Bar Journal community kitchens, day care cen- to conflict with final exams). This To learn more about the food ters, night shelters and rehabilita- year the goal is to raise more than drive, please visit www.galegal tion centers. The association distrib- 750,000 pounds of food. Like last foodfrenzy.org. The website has utes more than 90 million pounds year, the timing of this event is very all of the information about the of food throughout Georgia on an important for those battling hunger 2013 Georgia Legal Food Frenzy, annual basis. in our state. The spring is an impor- including links for firms and legal Last year, under the leadership tant time as food banks are prepar- organizations to sign up for the of Attorney General Sam Olens, ing for the critical summer months drive and contact information for the Young Lawyers Division of when there is a spike in demand. the co-chairs of this years event, the State Bar of Georgia teamed Nearly 60 percent of Georgia’s pub- Jessica Nix and Lisa Robinson. up with the Georgia Food Bank lic school students are eligible for After signing up, each firm or Association to launch the inaugu- either a free or reduced lunch each organization will be sent an elec- ral Georgia Legal Food Frenzy. The day, and families of many of these tronic packet that has all the 10-day statewide food drive com- children rely on food bank partner information needed to run a suc- petition challenged Georgia law- agencies to provide a complete, bal- cessful campaign. yers to raise money and donate anced meal when their children are I encourage all Georgia lawyers food to their local food banks. In not in school. to participate in the 2013 Legal 2012, 228 law firms and organiza- Registration for the 2013 Food Frenzy. Your donations will tions signed up for the competition Georgia Legal Food Frenzy began not only impact hunger all over the and helped raise more than 600,000 March 5, and will remain open for state but will help reduce hunger in pounds of food for the Georgia all Georgia attorneys up until the your own hometown. Food Bank Association. first day of the competition. The The second annual Legal Food firm or organization which raises Jon Pannell is the president of Frenzy will take place from April 22 the most food and money, on a per the Young Lawyers Division of - May 3, for all law firms, corporate person basis, will be awarded the the State Bar of Georgia and law departments and legal organi- Attorney General’s Cup. Awards can be reached at jonpannell@ zations. Law schools will compete will also be given to the winners of gpwlawfirm.com. from April 1 - April 12, (so as not several different categories.

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April 2013 9

A Look at the Law

Whose Money Is It Anyway? How Garnishments Are Affected by a Bankruptcy Filing

by David A. Kleber

itigators are typically trained in the art of by, among other methods, a strict statutory process called garnishment.1 A garnishment is an action proving their client’s case in court. There against a third party, the garnishee, who holds money or property belonging to the judgment are extensive motions, complex eviden- debtor or owes a debt to the judgment debtor.2 This L garnishee could be, for example, a bank, a tenant, tiary objections and trial tactics to engage a jury. a customer, or an employer or contractor. Through the garnishment, the creditor may obtain the debt- Lawyers take years to hone these crafts to obtain or’s property, including cash funds, to satisfy the debtor’s obligation under the judgment. The ques- verdicts in favor of their clients. When the trial is tion addressed here is what happens when a judgment debtor files bankruptcy during the pendency over, though, sometimes the case is just beginning. of a garnishment case. The garnishment action begins by the issuance When there is no insurance coverage and no deep- of a summons of garnishment. The summons of garnishment is similar to a civil suit summons. For pocketed defendant to write a prevailing plaintiff a example, a regular civil summons requires a defendant to file an answer to the allegations within 30 check, or when a prevailing defendant is entitled to days or risk entry of a default judgment against it. Similarly, the garnishment summons requires a monetary judgment for attorney’s fees or costs, it the garnishee to file an answer to the allegations within 45 days or risk entry of a default judgment is often necessary to engage in post-judgment litiga- against it.3 Unlike a regular civil summons, though, the garnishment summons also requires the gar- tion to recover a judgment. There are processes and nishee to turn over the judgment debtor’s property it holds, or pay the money it owes to the debtor to procedures under the law to enforce a judgment the creditor instead, in order to pay the debtor’s debt.4 The creditor essentially steps into the shoes and compel payment, but these processes are not of the debtor, with respect to the garnishee, and obtains the rights to the debtor’s property or the always as simple as they appear. Add to them the right to obtain wages or the proceeds of a contract. Rather than the garnishee paying the money or specter of bankruptcy protection, and you may face property directly to the creditor, though, Georgia garnishment procedure requires the garnishee to a real minefield. turn over the property or funds to the court along with its answer, and serve a copy of the answer on Georgia law empowers a judgment creditor to the creditor.5 The court holds the money until it is enforce its judgment and collect the amount owed it disbursed to the proper party as discussed below. In

April 2013 11 this way, the court can oversee the A judgment creditor may also tor who has issued a pre-petition process and ensure due process to seek to obtain a portion of the garnishment action to take affir- the debtor. debtor’s wages an employer owes mative efforts to ensure the gar- Garnishment is considered a to her. Such a right to collect future nishee makes no deductions from quasi in rem proceeding,6 as it is wages is a chose in action. Choses the debtor’s post-petition wages.21 an action against the garnishee in action are not subject to levy This obligation does not extend, and the debtor’s property and not or attachment, and may only be however, to dismissal of the gar- the debtor personally. In fact, the obtained by the filing of a garnishment case, or even to releas- judgment debtor is not actually a nishment. In the case of regular ing the garnishment,22 so long as party to the garnishment action.7 wages, Georgia law provides a the garnishee is notified to stop There is one statutory mechanism process of continuing garnishment deductions under the case. The by which the debtor may become against the debtor’s employer.13 question remains, however, what a party to the garnishment action. As opposed to a single answer about property and money in the She may file a traverse of the cred- due within 45 days of service, the garnishment “pipeline”? What is itor’s affidavit of garnishment.8 A continuing garnishment affects the the legal status of such property traverse is a claim by which the debtor’s wages for 179 days from or wages which have been identi- judgment debtor may challenge service,14 and requires continuing fied by the garnishee as subject to the existence of the judgment or answers from the garnishee.15 In the garnishment, and what if that the amount claimed due thereon, all other respects, the procedures property has been deposited in the or she may plead any other mat- are basically the same as regular registry of the court, or already ter in bar of the judgment except garnishments as discussed above. paid to the creditor? the validity of the judgment. The The process of continuing gar- Because the stay applies only to debtor may become a party in nishment typically runs smoothly, actions against “property of the this way “at any time before judg- according to the strictly defined [debtor’s] estate,” the first relevant ment is entered on the garnishee’s statutory rules, until a debtor files question is whether pre-petition answer or before any money or bankruptcy. Federal bankruptcy wages, which have been deducted other property subject to garnish- law supersedes state garnishment from the debtor’s pay prior to ment is distributed.”9 In this way, law, and puts additional obliga- bankruptcy, are “property of the the debtor’s due process rights tions and restrictions on the process. estate.” The bankruptcy courts are protected. She has the right to First, the filing of the bankruptcy in Georgia are divided on this object and challenge the creditor’s petition invokes an automatic stay question. The Bankruptcy Court rights to the property or funds of all proceedings16 except under for the Middle District of Georgia before the court turns over the some specific exceptions.17 The has repeatedly taken the position property or funds to the creditor. effect of the automatic stay is to that if funds were deducted from If the debtor files a traverse, then hold the debtor’s property, and the the debtor’s pre-petition wages, a hearing must be scheduled with- rights and liabilities of parties in then the funds are not property in 10 days, and “no further sum- conflict with the debtor, in place. of the estate.23 These decisions mons of garnishment may issue At the moment of filing the peti- reasoned that the debtor is not a nor may any money or other prop- tion, everything in relation to legal party to the garnishment case, and erty delivered to the court as sub- actions against the debtor and/or if the wages had been deducted ject to garnishment be disbursed” her property is frozen in time.18 from the debtor’s pay prior to fil- until the hearing is held.10 In other Everyone, including the garnishee ing, then the debtor was already words, if a debtor files a proper and garnishment court, is prohib- deprived of the property at the challenge to the garnishment, then ited from transferring or affecting moment of filing. Because it is the the case is stayed, at least so far any property of the bankruptcy debtor’s interest in property that as the creditor’s rights, until the estate without approval from the comprises the bankruptcy estate, challenge is resolved. The court bankruptcy court.19 Accordingly, if the debtor had no interest in the determines which party has the any garnishment filed after the fil- funds already deducted from her superior legal claim to the property ing of a bankruptcy petition is void pay, then those funds could not be and disburses it accordingly. If no and must be dismissed.20 If a gar- property of the estate. The Middle traverse is filed11 within 15 days nishment is pending prior to the District reasoned, based on state of the garnishee’s answer, then the bankruptcy filing, then it does not law, that the only way a debtor clerk of court must disburse any need to be dismissed. Any wages could assert any interest in the money it has received with the earned by the debtor after filing funds was by filing a traverse. So, garnishee’s answer to the creditor bankruptcy, however, are protect- if no traverse was pending when on his application.12 The garnishee ed, and may not be affected by the the bankruptcy was filed, then the is then relieved of any liability and continuation of the garnishment. debtor could not assert any inter- the case is closed. So, the stay requires the credi- est in the funds.24

12 Georgia Bar Journal The Bankruptcy Court for the The significance of this ques- from her pay? The legal status of Northern District of Georgia has tion is tremendous. The automatic the debtor’s property changes as it reached a different conclusion. bankruptcy stay applies to proper- travels through this process from This court expressly rejected the ty of the debtor’s estate and actions the garnishee to the creditor. First, Middle District’s holding in In re: affecting property of the estate. the service of the summons of gar- Antley,25 reasoning that because a One could argue, then, that if the nishment on the garnishee creates debtor could file a traverse at any funds in the registry of the garnish- a lien on the judgment debtor’s time prior to disbursement of the ment court are not property of the money and/or property in the funds, the debtor had some inter- estate, the automatic stay does not hands of the garnishee as well as est in the undisbursed funds at apply to those funds and the credi- any such property which comes the time of filing her bankruptcy tor is free to request disbursement into the hands of the garnishee petition even if the debtor had not, of the funds as if the bankrupt- from the date of service until the in fact, filed a traverse.26 Because cy had not been filed. A creditor date of the answer.30 In the case the funds were not yet disbursed should be cautioned against this of continuing garnishment, the to the creditor, the debtor had not action, however, without a specific lien attaches also to future wages been fully deprived of her interest comfort order from the bankrupt- earned during the 179-day garnish- in the property. The court ruled cy court. If the bankruptcy judge ment period.31 Procedurally, the that this remaining interest in the disagrees and finds the funds are debtor’s post-garnishment wages property, however small, is suf- ruled as property of the estate, never actually come into the hands ficient to make the funds being then any request for the funds, or of the debtor. The moment the held in the garnishment court attempt to compel the garnishee wages are earned, 25 percent of property of the estate.27 A second to pay funds into the court, could those wages are set aside to the bankruptcy court for the Northern be deemed a willful violation of judgment creditor pursuant to the District of Georgia recently accept- the bankruptcy stay. Such a will- pre-existing garnishment lien.32 In ed and adopted this holding.28 The ful violation could be met with an other words, the creditor does not Bankruptcy Court for the Southern adversary action for damages by seize the wages from the debtor. District of Georgia does not appear the debtor and/or direct sanctions The garnishment seizes the chose to have any published decisions by the bankruptcy court.29 For the in action, or the right to be paid the on this issue. Further, neither the purposes of this article, then, we wages. In essence, when the debtor U.S. Court of Appeals for the 11th will assume that the undisbursed earns wages subject to a continu- Circuit nor the U.S. Supreme Court garnishment deductions are prop- ing garnishment, 25 percent of has any published decisions on this erty of the estate. those wages are earned on behalf issue, and, therefore, there is no It is, however, only the debt- of the creditor, and the garnish- binding precedent in future cases. or’s interest in the funds which ee/employer pays those wages to So, the question whether pre-peti- is property of the estate, and not the creditor. tion deductions paid in to court the property itself. So, what is the That said, the creditor does prior to the bankruptcy are prop- debtor’s interest in the property not obtain the wages in the same erty of the estate remains unsettled. which has already been deducted manner as the debtor would. The

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April 2013 13 As discussed above, when wages are earned by a debtor subject to a continuing garnishment, the creditor’s portion is essentially earned by the creditor at that time. The 90-day preference period, then, runs from the date the wages are earned, irrespective of when the garnishee pays them to the court or when the court pays them to the creditor. In this context, the creditor is not affected by any delay from the garnishee or the court in expediting the disbursement of the actual funds from garnishee to court to creditor. The trustee may only look back 90 days of wages earned. Often, as a practical matter, the funds involved are insufficient for debtor would be paid at regu- to the transfer of the funds, for the trustee to make the effort to file lar intervals, often biweekly, and quite some time before it actually a preference action even if one is often by direct deposit into her receives the funds. authorized. The preference action designated bank account. Instead, In the bankruptcy context, even is an adversarial process requir- the garnishee sets aside the funds disbursement to the creditor does ing time and expenses to file. If pursuant to the lien, and holds not make the transfer irrevoca- the trustee chooses not to act on the funds to accumulate for the ble. Garnishment deductions are a preferential transfer, then the next garnishment answer. The gar- “transfers” within the meaning of debtor may do so directly.38 There nishee pays all such accumulated 11 U.S.C. § 547.34 As such, any gar- are proof requirements, and again, funds to the court every 30-45 nishment deductions made within the time, trouble, and expenses are days with its garnishment answer. 90 days of the bankruptcy filing often not justifiable in light of the Each garnishment answer may may be set aside as a preferential sums involved. In fact, neither the encompass parts of several pay transfer. This power to undo a trustee nor the debtor is even autho- periods. The funds paid in to the garnishment deduction, and put rized to set aside garnished wages court with these answers are then the property back into the hands of if the funds deducted within the accumulated and held by the court the debtor, and thus into the bank- 90-day period total less than $600.39 until the creditor applies for dis- ruptcy estate, is vested in the bank- If the transfer is set aside by the bursement.33 Because this applica- ruptcy trustee.35 If the trustee can bankruptcy court, or the parties con- tion for disbursement occurs any prove that the transfer occurred sent, then the garnishment funds time more than 15 days after the within 90 days, and that it gave a are made property of the estate and garnishment answer is filed, the creditor more than it would have whoever holds the funds, be it the court may be holding funds of received under a chapter 7 liquida- garnishment court or the creditor, several answers at once. All this tion, then the transferred property may be required to send the funds time, the creditor has a lien on the may be recaptured into the estate to the trustee for distribution.40 funds, but not possession of the for administration for the benefit Otherwise, during the pendency money. Because the debtor may of the creditors as a whole. The of the bankruptcy case, any funds file a traverse, or another party creditor may even be compelled in the garnishment court are frozen may file a claim, at any time prior to return money it has received in time pursuant to the automatic to disbursement, the transfer is and spent.36 stay. The rights of the interested not irrevocable until the funds are For the purposes of this 90-day parties, including the creditor’s lien disbursed by the court. Further, window, it is clear that the date of and debtor’s right to file a tra- as a practical matter, some courts the “transfer” is the date the debt- verse, remain in place. The parties do not complete the disburse- or earned the wages.37 When a are simply stayed from asserting ment to the creditor for weeks, continuing garnishment is served such rights during the bankruptcy. or even months, after the applica- on the garnishee, any wages As such, the court is obligated to tion. So, the creditor may be eli- earned by the debtor within 179 hold the garnished funds, subject gible to receive the transfer of the days are immediately set aside to to the creditor’s lien, until the stay funds, and may be legally entitled the creditor pursuant to its lien. is lifted, either by bankruptcy court

14 Georgia Bar Journal order or by operation of law. The ruptcy proceeding and serve the tion. Although the filing of a bank- automatic stay terminates upon clo- creditor.46 The creditor has a con- ruptcy by the debtor interrupts that sure of the bankruptcy case, either stitutional right to object and have process, it does not impose further by dismissal, discharge or a denial a hearing on the matter, but if the obligations on the garnishment of discharge.41 court grants a debtor’s motion to court. The state court need only So if the garnishment seizure is avoid the lien, then the creditor’s stay the case, and hold the pro- not undone by way of a preference garnishment lien is wiped away.47 cess and property status quo, until action, what can happen during In such a scenario, the creditor further order of the bankruptcy the bankruptcy that would impact would no longer have a claim on court or termination of the auto- the garnishment funds? Assuming the funds being held by the gar- matic stay. When the stay is lifted, again that the funds are property of nishment court, and the debtor either by bankruptcy court order the estate, the debtor may exempt may reclaim the funds. However, or operation of law, the garnish- that property from administration any lien avoidance ordered by the ment case picks up where it left by the bankruptcy court.42 If the bankruptcy court is only effective off. If funds remain in the registry debtor has available exemptions, if the case is successfully com- of the court, then a debtor may file then she may exempt the funds pleted and discharged. Any such a traverse to challenge the garnish- from the bankruptcy.43 Such an order would be void, and have ment or obtain possession of the exemption only removes the prop- no effect, if the bankruptcy case is funds, or the funds are subject to erty from the bankruptcy estate, dismissed.48 As such, the debtor, disbursement to the creditor upon and prevents distribution of those even with an order avoiding the its application. funds to the creditors through the creditor’s lien, is not entitled to bankruptcy case. The money itself disbursement of the garnishment David A. Kleber is a remains subject to the creditor’s funds until the case is discharged. board certified lien, which is superior to the debt- The garnishment court should not creditors’ rights or’s interest. Exempting the gar- disburse the garnishment funds, specialist and nished funds does not authorize the then, absent a specific order of managing attorney debtor to obtain the funds from the distribution from the bankruptcy with Bridgers, Peters & garnishment court. Bankruptcy law court, unless and until the bank- Kleber in Decatur. Kleber is past does, however, provide the debtor ruptcy case is discharged. Once the president of the Georgia a method to request the creditor’s bankruptcy case is closed, and the Collectors Association and a lien rights be eliminated to the stay is lifted, the garnishment court frequent speaker on creditors’ extent that the judicial garnishment is free to disburse the funds.49 rights and bankruptcy issues. He lien impairs the debtor’s property So what is the status of the was the 1988 Truman Scholar interest in the exempted funds.44 funds after discharge? The credi- from Georgia. Kleber graduated The debtor may request the bank- tor’s lien rights “pass through” the from the University of Georgia in ruptcy court judicially eliminate the bankruptcy case unless the bank- 1990 as the top graduate in the lien, a process known in the bankruptcy court issues some affirma- criminal justice program and from ruptcy code as lien avoidance. tive order affecting those rights.50 the University of Georgia School The lien avoidance applies to Neither the filing of the bank- of Law in 1993. garnishment proceeds differently ruptcy petition, nor the issuance of than the preference action. The lien a discharge, has any direct impact Endnotes avoidance is limited by the debt- on the creditor’s garnishment lien. 1. O.C.G.A. § 18-4-60 states, “in all or’s available exemptions, but it Only if the debtor exempted the cases where a money judgment has no minimum amount like the garnished funds and obtained an shall have been obtained in a court preference claim. In addition, the order avoiding the creditor’s lien of this state or in a federal court debtor may move to avoid the lien on those funds can the debtor then sitting in this state, the plaintiff shall be entitled to the process on any garnished funds so long as claim the funds in the garnish- of garnishment.” Note, there is a they have not been disbursed to ment court. Otherwise, the funds process by which one may file a 45 the creditor. So, a lien avoidance are subject to disbursement to the garnishment prior to judgment, may affect property held by the creditor upon application pursu- but this situation is beyond the court for more than 90 days, but it ant to O.C.G.A. § 18-4-89.51 scope of this article. cannot reclaim funds already dis- In summary, the state court’s 2. O.C.G.A. § 18-4-20(b) states that, bursed to the creditor, even if such involvement in a garnishment case “all debts owed by the garnishee disbursement was only days prior is simple. It receives the answers to the defendant at the time to the bankruptcy filing. Unlike a and any property filed by the of service of the summons of preference action, in order to seek garnishee, holds hearings on any garnishment upon the garnishee this lien avoidance, the debtor need traverses and then disburses the and all debts accruing from the garnishee to the defendant from only file a motion in the bank- funds to the creditor upon applica-

April 2013 15 the date of service to the date of the issuance or employment that, “[e]xcept as provided in garnishees’ answer shall be subject of process, of a judicial, subsections (c) and (i) of this to process of garnishment; and no administrative, or other action or section, the trustee may avoid payment made by the garnishee proceeding against the debtor . . .; any transfer of an interest of the to the defendant or to his order, (2) the enforcement, against the debtor in property. . .” (emphasis or by any arrangement between debtor or against property of the added). the defendant and the garnishee, estate, of a judgment obtained 36. 11 U.S.C. § 550. after the date of the service of the before the commencement of the 37. Ellenberg v. Gen. Motors summons of garnishment upon the case under this title; [and] Acceptance Corp. (In re: Morton), garnishee, shall defeat the lien of (5) any act to create, perfect, or 44 B.R. 750, 751-52 (Bankr. N.D. such garnishment.” enforce against property of the Ga. 1984); Roberts v. Household 3. O.C.G.A. § 18-4-62; O.C.G.A. debtor any lien to the extent that Finance Corp. of Ga. (In re: § 18-4-90. such lien secures a claim that Roberts), 44 B.R. 752 (Bankr. N.D. 4. O.C.G.A. § 18-4-62; O.C.G.A. arose before the commencement Ga. 1984). § 18-4-84. of the case under this title[.] 38. 11 U.S.C. § 522 (h) provides 5. O.C.G.A. §18-4-62; O.C.G.A. § 18-4- 19. 11 U.S.C. § 541 defines what The debtor may avoid a transfer of 82; O.C.G.A. § 18-4-83; O.C.G.A. § comprises the property of the property of the debtor or recover 18-4-84. estate. a setoff to the extent that the 6. Morris W. Haft & Bros. v. Wells, 20. See, e.g., Borg-Warner Acceptance debtor could have exempted such 93 F.2d 991, 993 (10th Cir. 1937) Corp. v. Hall, 685 F.2d 1306, 1308 property under subsection (g)(1) (citing, inter alia, A. B. Baxter & Co. (11th Cir. 1982). of this section if the trustee had v. Andrews, 131 Ga. 120, 124, 62 21. Buchanan v. First Family Fin. avoided such transfer, if-- S.E. 42, 44 (1908)). Servs. (In re: Buchanan), 273 B.R. (1) such transfer is avoidable by 7. Stone v. Peoples Bank, 127 Ga. 749, 751 (Bankr. M.D. Ga. 2002). the trustee. . . and App. 588, 588-89, 194 S.E.2d 276, 22. Ameron Protective Coatings (2) the trustee does not attempt 277 (1972); Flournoy v. Pate (In re: Div. v. Georgia Steel, Inc. (In re: to avoid such transfer. Antley), 18 B.R. 207, 211 (Bankr. Georgia Steel), 25 B.R. 781, 786 39. 11 U.S.C. § 547; In re: Newell, 71 M.D. Ga. 1982). (Bankr. M.D. Ga. 1982). B.R. 672, 674 (Bankr. M.D. Ga. 8. O.C.G.A. §18-4-93; O.C.G.A. 23. Lord v. Carragher (In re: Lord), 1987). § 18-4-65. 270 B.R. 787, 795 (Bankr. M.D. Ga. 40. 11 U.S.C. § 550. 9. O.C.G.A. § 18-4-93. 1998); In re: Antley, 18 B.R. at 207, 41. 11 U.S.C. § 362 (c). Note this 10. Id. 211-12 (Bankr. M.D. Ga. 1982). section sets forth numerous why 11. A debtor may file a traverse of the 24. In re: Antley, 18 B.R. at 210-11. the stay may be terminated earlier. creditor’s affidavit under O.C.G.A. 25. 18 B.R. 207 (Bankr. M.D. Ga. 1982). 42. 11 U.S.C. § 522. § 18-4-93, a creditor may file a 26. In re: Williams 460 B.R. 915, 917-19 43. In Georgia, O.C.G.A. § 44-13-100 traverse of the garnishee’s answer (Bankr. N.D. Ga. 2011). defines the available bankruptcy under O.C.G.A. § 18-4-86, and any 27. Id. at 919-920. exemptions. other party may file a claim of 28. In re: Johnson, 479 B.R. 159, 170, 44. 11 U.S.C. § 522 (f). superior lien under O.C.G.A. 178 (Bankr. N.D. Ga. 2012). 45. In Re: Johnson, 479 B.R. 159, 170, § 18-4-95. 29. See, e.g., Roche v. Pep Boys, Inc. 171 (Bankr. N.D. Ga. 2012). 12. O.C.G.A. § 18-4-89. (In re: Roche), 361 B.R. 615, 623-24 46. U.S.C.S. Bankruptcy R. 4003(d). 13. O.C.G.A. § 18-4-110. (Bankr. N.D. Ga. 2005). 47. 11 U.S.C. § 522(f)(1)(A). 14. O.C.G.A. § 18-4-111. Note that in Roche, the court 48. 11 U.S.C. § 349 provides, in 15. O.C.G.A. § 18-4-113. held that the creditor’s failure relevant part: 16. 11 U.S.C. § 362. to dismiss the garnishment (b) Unless the court, for cause, 17. For example, under 11 U.S.C. upon the bankruptcy filing orders otherwise, a dismissal of § 362(c)(4), the automatic stay does was sanctionable, but see Judge a case… not apply to a debtor who has had Bonapfel’s explanation as to why (1) reinstates— two or more bankruptcy cases this is incorrect in In re: Johnson, (B) any transfer avoided… dismissed within the preceding supra note 27. and year. 11 U.S.C. § 362(b) lists a 30. Ownby v. Wagner, 64 Ga. App. (C) any lien voided under [11 number of other exemptions 433, 436, 13 S.E.2d 686, 688 (1941); USC § 506(d)]; to the automatic stay, such Shabaz v. Henn 48 Ga. App. 441, (2) vacates any order, judgment, as garnishments for domestic 443-44, 173 S.E. 249, 251(1934). or transfer ordered . . . and support obligations under certain 31. Mathis v. West Cent. Ga. Bank (In (3) revests the property of circumstances. re: Mathis), 256 B.R. 653, 655-56 the estate in the entity in 18. 11 U.S.C. § 362 reads in relevant (Bankr. M.D. Ga. 1996). which such property was part as follows: 32. O.C.G.A. § 18-4-20. vested immediately before the [A] petition filed under section 301, 33. O.C.G.A. § 18-4-89; O.C.G.A. commencement of the case 302, or 303 of this title . . . operates § 18-4-112. under this title. as a stay, applicable to all entities, 34. Evans v. Citi Fin. Servs., Inc. (In 49. 11 U.S.C. § 363(c). of-- re: Evans), 16 B.R. 731, 732 (Bankr. 50. In re: Johnson, 479 B.R. 159, 169-70 (1) the commencement or N.D. Ga. 1982). (bankr. N.D. Ga. 2012). continuation, including the 35. 11 U.S.C. § 547 (b) provides 51. See 11 U.S.C. § 362.

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Georgia Bar Media & Judiciary Conference in Its 22nd Year by Stephanie J. Wilson

or 22 years, judges, attorneys and journal-

ists have gathered to discuss current issues F impacting the First Amendment. This year’s conference focused heavily on the consequences— good and bad—of social media and its use. Whether you use Facebook, Twitter, LinkedIn, YouTube or all of the above, the program provided useful information.

The first session was “Lawyers and Social Media: Promoting Practices and Protecting the Profession.” Hyde Post, Hyde Post Communications, Saint Simons Island, served as moderator. The panelists were Robin Frazer Clark, president, State Bar of Georgia, Robin Frazer Clark PC, Atlanta; Jay Cook, past president (2006-07), State Bar of Georgia, Cook Noell Tolley & Bates LLP, Athens; Toby Bloomberg, director of social integration, Cox Media Group, Atlanta; and Allison Fabella, director of search engine optimization and social media, Primedia, Atlanta. As Fabella told the audience, “Your reputation online is very important.” You can use your website and social media to set you apart from the crowd. But Photos by Stephanie J. Wilson Hon. Robert Leonard, Cobb County Superior Court, responds to a she warned, “Be sure to always look professional, even question during “Judges and Social Media: Harnessing the Beast.” in your personal life.”

18 Georgia Bar Journal The second panel of the day was “Judges and Social Media: Harnessing the Beast” moderated by Ed Bean, editor-in-chief and associate publisher, Daily Report, Atlanta. Hon. Robert Leonard, Cobb County Superior Court, Marietta; Hon. Leslie Spornberger Jones, Municipal Court of Athens-Clarke County, Athens; and Hon. Robert Struble, past member, Judicial Qualifications Commission, Mountain Judicial Circuit Superior Court, Toccoa, served as the panelists. Prior to the next panel a social media survey was distributed to the audience. The survey asked users to complete the following questions: n I am on: n Facebook (69 percent answered yes) n Twitter (43 percent answered yes) President Robin Frazer Clark listens as Past President Jay Cook (2006-07) expresses his views n LinkedIn (65 percent during the “Lawyers and Social Media: Promoting Practices and Protecting the Profession” panel. answered yes) n None of them, ever (18 per- Struble, the more senior of the page, said that when she decided cent answered yes) panelists, who also admitted to to accept a judgeship, she agreed to n I am friends with judges on being a “monk” when it comes “walk the line.” Facebook. (18 percent answered to social media, stated that judg- The third panel, “New Journalists yes) es must avoid the appearance of and Journalism: Opportunities n Would you consider asking a impropriety. When asked if judges and Challenges Facing the Next judge to recuse if he or she was should have social media poli- Generation of Reporters,” allowed friends with an opposing attor- cies for their employees and fam- panelists Sara Ganim, Pulitzer Prize ney on Facebook? (46 percent ily members, Struble said, “Yes. winning reporter, CNN, Atlanta; answered yes) It’s in the code of judicial con- Polina Marinova, former editor- n Where the presiding judge in duct.” He also felt that judges who in-chief, The Red & Black, Athens; a criminal case has accepted are Facebook “friends” with any- Kristen Rasmussen, formerly with the prosecutor assigned to the one appearing in their court should Reporters for the Committee for case as a Facebook “friend,” recuse themselves. Leonard didn’t Freedom of the Press, now Dow would a reasonably prudent go quite that far but did say that Lohnes PLLC, Atlanta; and Tim person fear that he could recusal would be appropriate if a Regan-Porter, director, Center for not get a fair and impartial judge had made commentary on Collaborative Journalism, Mercer trial, so that the defendant’s a case or had communication with University, Macon, to discuss how motion for disqualification a lawyer. new ideas, new rules of engagement should be granted? (46 per- Leonard shared his belief that and a new generation of journalists cent answered yes) campaign contributors, golf bud- are changing the media landscape. dies and fishing buddies are closer Frank LoMonte, Student Press Law The final question was offered friends than those on Facebook. He Center, Arlington, Va., served as in response to an advisory opin- said that Facebook can be a valu- the moderator. ion issued by The Florida Bar in able tool in campaigning. In fact, Many other fresh-faced jour- which judges are not allowed to many judicial candidates create nalists were in the audience accept Facebook “friend” requests special election Facebook pages. and asked questions of the pan- from attorneys who might appear This practice is so prevalent that elists regarding the benefits in their court. They are likewise “you almost have to do it now.” and drawbacks of making the not allowed to accept LinkedIn Jones, who purposefully does transition from print to digital connection requests. not have a personal Facebook media. Marinova shared that

April 2013 19 Thill, CNN, Atlanta, facilitated the discussion. One of the many timely gun-related topics covered by Barrett and Thill was that of gun control. A Glock 17 pistol was among the weapons used by a mentally disturbed George Hennard in the 1995 mass murder at a Luby’s cafeteria in Killen, Texas. Barrett said, “Mass killers— who don’t intend on escaping and living through the incident—are mentally disturbed. Talking about mental illness when discussing gun control is essential.” Following the lunch session, Paul M. Barrett and CNN’s Jessica Thill discuss his book, Glock: The Rise of America’s Gun. Richard Griffiths, CNN, Atlanta, was back again to serve as inter- locutor for a Fred Friendly style panel. In this year’s salacious scenario, Larry Headstrong is a Formula 2 race car driver who is accused of spiking his gas tanks with jet fuel. Headstrong is facing perjury charges and a lifetime ban from racing. All the panelists had a role to play as the story unfold- ed: Shannon McCaffrey, Atlanta Journal-Constitution, Atlanta, was the reporter who broke the story; Vic Reynolds, district attorney, Cobb County, was the DA con- sidering filing charges; Karen Zuker, CNN, Atlanta, was the talk show booker attempting to get Headstrong to sit for an interview; Tom Donahue, Porter Novelli, Atlanta, was the public relations consultant; and Seth Kirschenbaum, Davis Zipperman, Chief Justice Carol Hunstein and Hon. Michael P. Boggs, Court of Appeals of Georgia, commiserate while serving as panelists on “Criminal Justice Reform: The Next Chapter.” Kirschenbaum & Lotito, Atlanta, was the defense attorney trying she, “enjoyed working on a daily journalism/community projects his best to counsel his client. newspaper” but that she realizes in the country and a model for The final session was “Criminal that “that’s not the direction this higher education/media collabo- Justice Reform: The Next Chapter,” industry is headed.” rations in other cities. a follow-up to last year’s “Criminal Regan-Porter discussed the For the lunch session, Paul M. Justice Reform: Opportunities teaching hospital approach that Barrett, author of Glock: The Rise and Obstacles.” Once again, Mike the Center for Collaborative of America’s Gun, was on hand Klein, Georgia Public Policy Journalism has taken on the cam- for a conversation and audience Foundation, Atlanta, moderated pus of Mercer University. Student Q&A about all things to do with the panel discussion. Chief Justice journalists get to shadow sea- guns titled, “Glock, Gun Control Carol Hunstein, Supreme Court of soned journalists from Macon’s and the American Love Affair Georgia; David McDade, district newspaper The Telegraph and from with Firearms.” Barrett is also an attorney, Douglas County; and Rep. Georgia Public Broadcasting gain- adjunct professor at NYU School Wendell Willard (R-Sandy Springs) ing invaluable real-world expe- of Law and an assistant manag- made a reappearance as panelists. rience. Mercer and its partners ing editor and senior writer at Joining them this year were Judge have created one of the largest Bloomberg Businessweek. Jessica Michael P. Boggs, Court of Appeals

20 Georgia Bar Journal of Georgia; and Bill Rankin, Atlanta Both adult and juvenile criminal ent of the Charles L. Weltner Journal-Constitution. justice reform have been hot topics Freedom of Information Award on The panelists presented some in the Legislature this session. As of March 14. Hunstein was chosen staggering statistics: this printing, HB 242, the Juvenile because of her unwavering support Justice bill, passed the Senate by of public access to the courts and a n Georgia has the fourth largest unanimous vote. The bill moves the strong proponent of government prison population in the United state away from a prison-based sys- transparency at all levels. States. tem of juvenile punishment toward This year’s banquet also hon- n One in 13 Georgia citizens is on an increased focus on communi- ored the late Otis Brumby Jr. parole, on probation or in jail. ty-based programs aimed at reha- as an Open Government Hero. For n The annual cost to house an bilitating juvenile offenders and more than 40 years as publisher of adult inmate is $19,000. returning them to the community the Marietta Daily Journal, Brumby, as productive citizens. The adult who died in September, cam- This last figure is why many counterpart, HB 349, also passed the paigned in print and often in court jurists advocate for drug courts, Senate this session. to hold public officials accountable which cost far less per year at For more information about to the state’s sunshine laws. only $4,300. If the figures for adult past, present of future Bar Media & incarceration seem high, consider Judiciary Conferences, please visit Stephanie J. Wilson is those for juveniles: $90,000 per www.gfaf.org/georgia-bar-media- the administrative bed, per year at a detention center. judiciary-conference. assistant in the Bar’s And the recidivism rate? Sixty- * * * * * communications four percent of juveniles will be The Georgia First Amendment department and a re-incarcerated within three years Foundation honored Chief Justice contributing writer for of their release. Carol Hunstein as the 2013 recipi- the Georgia Bar Journal. www.gabar.org the Hardest Working Site on the Web Pay Your Dues  Online Directories  State Bar of Georgia Handbook  Join a Section  Young Lawyers Division  Information and Events  Consumer Pamphlet Series  Check CLE  Vendor Directory  Related Organizations  Fastcase  Cornerstones of Freedom  Conference Center  Public Information  Address Change  Letter of Good Standing  Ethics Make it your Homepage!

April 2013 21 GBJ Feature 2012 Georgia Corporation and Business Organization Case Law Developments

by Thomas S. Richey and Michael P. Carey

This article presents an overview from a survey of Georgia corporate and business organization case law developments in 2012. The full version of the survey, which can be downloaded or printed at http://www.bryancave.com/2012-ga-survey, contains a more in-depth discussion and analysis of each case. This article is not intended as legal advice for any specific person or circumstance, but rather a general treatment of the topics discussed. The views and opinions expressed in this article are those of the authors only and not Bryan Cave LLP. The authors would like to acknowledge and thank Vjollca Prroni, Danielle Parrington, Ann Ferebee and Tiffany McKenzie for their valuable assistance with this article.

his article catalogs decisions dealing with addressed unusual claims of alter ego liability between legal entities. Other cases of special interest involved Georgia corporate and business organiza- shareholder buy-sell agreements, the effect of a no- action clause in a trust indenture on bondholder claims, tion law issues handed down by the Georgia a question whether an attorney-client relationship was T formed between corporate counsel and an officer/ state and federal courts during 2012. The past year saw shareholder, and decisions addressing partnership dissolution issues, LLC derivative action procedure and the only a few cases with significant precedential value, admissibility of expert witness testimony on matters of corporate governance. but, as always, there were decisions addressing ques- The first sections of the survey address decisions specific to entity type—business corporations, nonprofit tions of law for which there is little settled authority. corporations, limited liability companies and partnerships. The rest of the survey deals with issues generally Even those cases in which the courts applied well- applicable to all forms of business organizations: (1) transactional issues and (2) litigation issues, including settled law are instructive for the types of claims and secondary liability, jurisdiction and venue, evidence questions and insurance issues. Finally, we cover some issues that are currently being litigated in corporate of the significant decisions handed down by the Fulton County Business Court during the year 2012. and business organization disputes. Duties and Liabilities of Corporate Highlights include two important decisions in 2012 Directors, Officers and Employees concerning common law claims for nondisclosure in different contexts—to stock purchasers in a private place- Two of the most significant decisions of 2012 ment and in communications with existing sharehold- addressed novel issues relating to corporate disclosure ers. The federal courts handed down multiple rulings duties under Georgia law. In Greenwald v. Odom, 314 in 2012 regarding the effect of the business judgment Ga. App. 46, 723 S.E.2d 305 (2012), the Court of Appeals rule on claims for ordinary negligence in FDIC litigation of Georgia held that alleged oral misrepresentations against former bank directors and officers. Several cases regarding an earnings forecast and a transaction in

22 Georgia Bar Journal progress could give rise to fraud the aftermath of the recent crisis in rule on ordinary negligence claims. and negligent misrepresentation the Georgia banking industry. The The Skow decision is currently on claims, despite the general rule that U.S. District Court for the Northern appeal to the 11th Circuit. In the false representations must relate to District of Georgia issued five sig- Briscoe and Miller cases, the courts existing facts or past events. The nificant decisions in cases brought also denied motions to dismiss the court in Greenwald also held that the by the Federal Deposit Insurance FDIC’s gross negligence claims. investor’s claims were not barred by Corporation (FDIC) as receiver for Miller is particularly noteworthy a merger clause in his subscription failed banks against their former in that the district court suggested documents because a separate “reli- directors and officers. In FDIC v. that the FDIC’s allegations may ance” clause that documented the Skow, No. 11-cv-00111-SCJ (N.D. support a failure of oversight plaintiff’s free access to information Ga. Feb. 27, 2012) the Northern claim against an executive officer was construed to authorize reliance District held that former directors under the principles stated in In re on the oral representations forming of Integrity Bank were not excul- Caremark Int’l Inc. Deriv. Litig., 698 the basis of his claim. In Anderson v. pated from liability to the FDIC by A.2d 959 (Del. Ch. 1996), perhaps Daniel, 314 Ga. App. 394, 724 S.E.2d the bank’s articles of incorporation. the first Georgia court decision that 401 (2012), the Court of Appeals In the same order, the court held has applied Caremark in a Georgia held that communications sent to that the business judgment rule corporate governance case. all shareholders, such as annual insulated the bank’s former direc- In Macke v. Cadillac Jack, Inc., reports and audited financial state- tors from claims based on alleged 316 Ga. App. 744, 730 S.E.2d 462 ments, did not satisfy the “direct ordinary negligence. In FDIC v. (2012), the Court of Appeals held communication” requirement for Blackwell, 2012 WL 3230490 (N.D. that summary judgment in favor plaintiffs seeking to assert a “holder Ga. Aug. 3, 2012), FDIC v. Briscoe, of the defendants was proper in claim” under the principles laid out No. 11-cv-02303-SCJ (N.D. Ga. a case involving an alleged inter- in the Supreme Court of Georgia’s Aug. 14, 2012), FDIC v. Whitley, No. ested party transaction under decision in Holmes v. Grubman, 286 12-cv-00170-WCO (N.D. Ga. Dec. the Georgia Business Corporation Ga. 636 (2010) which permits share- 10, 2012) (O’Kelley, J.), and FDIC Code, because the plaintiff failed holders to assert claims alleging v. Miller, No. 12-cv-00042-WCO to produce evidence showing that that they were misled into retaining (N.D. Ga. Dec. 26, 2012) (O’Kelley, the transaction was unfair, rais- their stock. J.), the district court followed the ing questions about allocating the 2012 yielded several corporate holding in Skow with respect to burden of proof in such cases. governance decisions dealing with the effect of the business judgment In VanRan Communications Services,

April 2013 23 Inc. v. Vanderford, 313 Ga. App. a buyout offer was valid and bind- States (AME) acted as the alter 497, 722 S.E.2d 110 (2012) a peti- ing, and that the purchasing share- ego of Morris Brown College and tion for removal of directors under holder was entitled to delivery of could therefore be held liable for O.C.G.A. §§ 14-2-940 and 14-2-941 the seller’s shares, even though the its debts, holding that a jury could was denied where plaintiff failed parties disputed whether the seller find that AME, despite its lack of to show evidence of alleged fraud had agreed to certain additional an ownership interest, exercised in the preparation of a company’s terms imposed by the purchaser. In control over the college’s affairs. tax returns; a mere discrepancy Wright v. Cofield, 317 Ga. App. 285, In Light for Life, Inc. v. Our Firm between the returns and prelimi- 730 S.E.2d 421 (2012), the Court Foundation for Koreans, Inc., 2012 nary internal reports was held of Appeals of Georgia found that WL 4397421 (M.D. Ga. Sept. 24, insufficient evidence of fraud. The an oral agreement to pay a key 2012), the Middle District held that Court of Appeals held in Grot v. employee a specified percentage a copyright infringement claim Capital One Bank (USA), N.A., 317 of the proceeds from the sale of could go forward against a minis- Ga. App. 786, 732 S.E.2d 305 (2012) a company was sufficiently defi- try’s directors based on allegations that an officer who opened a cred- nite to be enforceable. In Beale v. that the directors personally partic- it card account in the company’s O’Shea, 2012 ___ Ga. App. ___, ipated in the alleged infringement, name was personally liable for the 735 S.E.2d 29 (2012), the Court of and that it was therefore unneces- credit card debt incurred due to lan- Appeals found that a selling share- sary for the plaintiffs to pierce the guage in the cardholder agreement holder offered sufficient evidence, corporate veil. indicating that the defendant had through his own opinion testimony agreed to become individually and as well as that of a venture capital- Limited Liability jointly liable for the debt. Finally, ist involved in financing a buyout Company Developments two decisions reiterated the settled of the company, to create an issue point that a director or officer who of fact that the value of his shares The Court of Appeals addressed directly participates in a tort may was devalued by the corporation’s the demand requirement for deriv- be personally liable to injured third entering into dilutive change of ative actions under the Georgia parties. In Georgia Cash America, control agreements. Limited Liability Company Act Inc. v. Greene, 318 Ga. App. 355, In Akanthos Capital Management, in Pinnacle Benning, LLC v. Clark 734 S.E.2d 67 (2012), the Court of LLC v. CompuCredit Holdings Corp., Realty Capital, LLC, 314 Ga. App. Appeals held that an officer who 677 F.3d 1286 (11th Cir. 2012), the 609, 724 S.E.2d 884 (2012), holding drafted and negotiated certain con- 11th Circuit, applying New York that there is no futility exception to tracts with out-of-state banks that law, held that the “no action” clause the demand requirement for LLCs. formed the basis for liability under in a trust indenture barred cor- The court noted that parallel provi- the Payday Lending Act could be porate noteholders from asserting sions governing derivative actions personally liable under the statute. claims under Georgia’s Uniform for business nonprofit corporations In Collins v. King America Finishing, Fraudulent Transfer Act. Reversing do not allow for futility exceptions. Inc., 2012 WL 5473565 (S.D. Ga. the district court’s decision, the In Seiz Joint Venture, LLC v. Seiz, Nov. 9, 2012) and several related court ruled that the “no-action” 290 Ga. 719, 723 S.E.2d 672 (2012), actions, the U.S. District Court for clause was enforceable against the Supreme Court of Georgia held the Southern District of Georgia UFTA claims and found that no that an LLC could be made party held that an officer was not fraudu- exception applied. to a divorce action involving one lently joined to prevent removal of its members so that one-half of because a potentially valid claim Nonprofit Organization that member’s interest could be could be made that the officer Decisions awarded to the member’s spouse. directed the corporate conduct giv- In Tindall v. H&S Homes, LLC, ing rise to the claim. The Georgia federal district 2012 WL 174824 (M.D. Ga. Jan. 20, courts issued two noteworthy deci- 2012), the district court held that Corporate Stock and sions dealing with the liability of three trusts that indirectly owned Debt—Contracts, religious organizations and their an LLC through its holding com- directors. In GTAS Asset Solutions, pany could not be held liable for a Valuation and Standing LLC v. African Methodist Episcopal judgment against the LLC because The courts dealt with a variety Church, 2012 WL 3637452 (N.D. there was no evidence that the of issues arising from stock trans- Ga. Aug. 22, 2012), the Northern trusts were involved in the opera- actions among shareholders. In District held that there was an issue tion or management of the LLC. Bommer v. Reynolds, 465 Fed. App’x of fact sufficient to defeat sum- On a motion for reconsideration, 876 (11th Cir. 2012), the U.S. Court mary judgment on the question the court vacated its ruling as to of Appeals for the 11th Circuit held of whether the African Methodist one of the trusts based on new evi- that a shareholder’s acceptance of Episcopal Church of the United dence regarding its financial deal-

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  Transactional Cases In Robbins v. Supermarket Equipment Sales, LLC, 290 Ga. 462, 722 S.E.2d 55 (2012), the Supreme Court held that a corporation formed after the foreclosure of a predecessor company had standing to pursue trade secret claims arising from events that occurred before the corporation was formed. In Jiles v. PNC Bank N.A., 2012 WL 3241927 (M.D. Ga. Aug. 7, 2012), the district court held that a holder of a security deed who obtained the deed through a merger with the original deed holder was not required to record an assignment of the deed because the transfer occurred by operation of law. Two federal decisions addressed issues relating to the relationship between corporations and professional service providers. In Abdulla v. Klosinski, 2012 WL 4429179 (S.D. Ga. Sept. 25, 2012), the Southern District held that an attorney who allegedly negotiated a personal guaranty signed by a corporation’s sole shareholder and officer did so in his role as counsel for the corporation, and that the actions undertaken by counsel in representing the corporation did not create an attorney-client relationship with the owner-shareholder. In Hemispherx Biopharma, ings with the LLC. See Tindall v. The U.S. Bankruptcy Court for the Inc. v. Mid-South Capital, Inc., 690 H&S Homes, LLC, 2012 WL 1672898 Northern District of Georgia held F.3d 1216 (11th Cir. 2012), the (M.D. Ga. May 14, 2012). in In re Thadikamalla, 481 B.R. 232 11th Circuit held that an invest- (Bankr. N.D. Ga. 2012), that a lim- ment broker could pursue breach Partnership Law ited liability limited partnership of contract, quantum meruit, and Developments was automatically dissolved after other claims against a corporation the death of its general partner, that allegedly retained it in con- The Supreme Court of Georgia but its existence is not terminat- nection with capital-raising activi- addressed and clarified the ele- ed, and that a bankruptcy trustee ties, notwithstanding that the cor- ments of a wrongful dissolution holding a majority interest in the poration failed to sign the broker’s claim in Jordan v. Moses, 291 Ga. 39, limited partnership was entitled to engagement letter. 727 S.E.2d 460 (2012). Reversing a wind up the partnership’s affairs. 2011 Court of Appeals decision, Finally, the Court of Appeals of Litigation Issues the court held that a partner claim- Georgia held in Wright v. Apartment ing wrongful dissolution is not Investment & Mgmt Co., 315 Ga. Alter Ego, Piercing the required to show that the defen- App. 587, 726 S.E.2d 779 (2012) Corporate Veil and Other dant misappropriated the “new” that an employee may owe fidu- Forms of Secondary Liability prosperity of the partnership; a ciary duties to his employer based There was the usual array of alter wrongful dissolution claim may on the level of autonomy and ego and piercing-the-corporate-veil be based on the misappropriation responsibility given the employee decisions in 2012. None of these of business opportunities in exis- with respect to the management of decisions represents any significant tence at the time of the dissolution. company funds. extension or shift in the law, but

26 Georgia Bar Journal they illustrate the continuing vital- In other cases seeking to extend Bank of America, 844 F. Supp. 2d ity of the doctrine. Three decisions liability to additional parties, the 1267 (N.D. Ga. 2012) that an out-of- addressed the use of veil-piercing Court of Appeals in Koch v. Fred state loan servicer was exempt from and other theories in efforts to trans- Baruchman & Assocs., P.C., 318 Ga. the requirement under O.C.G.A. fer liabilities from one legal entity App. 251, 733 S.E.2d 781 (2012) held § 14-9-902 that foreign limited part- to another. In Bank of the Ozarks v. that a corporate officer was not per- nerships register to do business in DKK Development Co., 315 Ga. App. sonally liable for the corporation’s Georgia. In Stone v. Bank of New 529, 726 S.E.2d 608 (2012), the Court debts incurred during the period York Mellon, N.A., 2012 WL 2285180 of Appeals declined to find that a after the corporation was adminis- (N.D. Ga. June 18, 2012), the dis- failed bank and its holding com- tratively dissolved and prior to its trict court granted an out-of-state pany were alter egos of one another, reinstatement. In Kent v. Mitchell, ___ corporation’s motion to set aside concluding that the plaintiff could Ga. App. ___, 735 S.E.2d 110 (2012), default, finding that the corpora- not set off its debt to the bank the Court of Appeals recognized the tion, which had withdrawn its reg- against its own loan to the holding separateness of a professional corpo- istration to do business in Georgia, company. In Lloyd’s Syndicate No. ration and its principal in the context was not properly served with pro- 5820 d/b/a Cassidy Davis v. AGCO of entering judgment on an arbitra- cess because no copy was deliv- Corp., ___ Ga. App. ___, 734 S.E.2d tion award. The court held that it ered to the corporation as set forth 899 (2012), the court held that evi- was error to enter judgment against under O.C.G.A. § 14-2-1520(c). In dence that failed to prove an alter the individual, since the award Cartel Asset Management, Inc. v. ego relationship could demonstrate itself purported to be against the Altisource Portfolio Solutions, S.A., agency which, in turn, could result professional corporation. 2012 WL 39559 (N.D. Ga. Jan. 6, in imposition of liability. See also In Nalley v. Langdale, ___ Ga. 2012), the district court held that a GTAS Asset Solutions, LLC v. African App. ___, 734 S.E.2d 908 (2012), foreign corporation that had failed Methodist Episcopal Church, 2012 WL (physical precedent only), the to obtain a certificate of author- 3637452 (N.D. Ga. Aug. 22, 2012), Court of Appeals of Georgia ity was properly served under discussed above. found issues of fact with respect O.C.G.A. § 14-2-1510(b) when its In Christopher v. Sinyard, 313 Ga. to a claim against corporation for subsidiaries were served at their App. 866, 723 S.E.2d 78 (2012), allegedly aiding and abetting a principal places of business in the Court of Appeals held that trustee’s breach of fiduciary duty Georgia. In Alpha Nursing Services, purchasers of a newly-built home when it redeemed stock from Inc. v. Vickery, ___ Ga. App. ___, could recover directly from the a trust in which the plaintiffs 732 S.E. 2d 760 (2012), the Court of construction company’s two offi- were beneficiaries. Appeals of Georgia held that venue cers. While no new principle of law was proper in Jackson County pur- is stated in Christopher, the opinion Jurisdiction, Venue and suant to O.C.G.A. § 14-2-510(b)(2), lays out the plaintiffs’ evidence in Service of Process the Georgia Business Corporation considerable detail and provides a In a case that raised “novel Code’s provision for venue in con- useful guide to the sort of facts that jurisdictional issues” arising from tract cases, as to claims against are relevant in a piercing-the-cor- the FDIC’s use of a joint venture a corporation under a rent/buy porate-veil case. In Sun Nurseries, with private entities to collect dis- agreement for office space in that Inc. v. Lake Erma, LLC, 316 Ga. tressed loans, the District Court county because the defendant cor- App. 832, 730 S.E.2d 556 (2012), the for the Middle District of Georgia poration, although not a party to Court of Appeals found that pierc- decided in RES-GA Four, LLC v. the contract, conducted business ing the corporate veil was not war- Avalon Builders of Ga., LLC, 2012 there. It appears from the opinion ranted where an LLC made distri- WL 13544 (M.D. Ga. Jan. 4, 2012) that the court employed alter ego butions to members for purposes that the FDIC’s status as a member principles in reaching its decision. of facilitating a loan for the LLC’s of an LLC that was, in turn, the sole In Carson v. Obor Holding Company, benefit, since the proceeds were member of an LLC who brought LLC, 318 Ga. App. 645, 734 S.E.2d 477 reinvested in the LLC and there suit destroyed diversity jurisdic- (2012), the Court of Appeals declined was no evidence that any of the tion, since the FDIC is not a citizen to enforce a forum selection clause in proceeds were put to personal use. of any state. The court nonetheless an LLC operating agreement that Veil-piercing concepts were also found that it could exercise fed- required actions under the agree- discussed in Atlanta Fiberglass USA, eral question jurisdiction because ment to be brought in Florida, hold- LLC v. KPI Co., 2012 WL 5945151 the dispute was related to a banking that doing so in the case before (N.D. Ga. Nov. 28, 2012), which ruptcy matter involving the defen- it would violate Georgia’s public ruled that officers cannot not be dant’s sole member. policy concerning the enforcement held personally liable for fraudulent In a wrongful foreclosure case, of non-compete agreements. The transfers under the Georgia Uniform the U.S. District Court for the court also declined to apply Florida Fraudulent Transfer Act. Northern District held in Stubbs v. law as the forum selection clause

April 2013 27 specified. In an interesting decision addressing hearsay challenges knowledge as to how the company in WMW, Inc. v. American Honda to the introduction of business kept its records and the timing of Motor Company, Inc., 291 Ga. 683, records. In Angel Business Catalysts, the records in question. 733 S.E.2d 269 (2012), the Supreme LLC v. Bank of the Ozarks, 316 Ga. Court of Georgia questioned the App. 253, 728 S.E.2d 854 (2012), Fidelity Bond Coverage Court of Appeals’ reliance on the the Court of Appeals held that a In Lubin v. Cincinnati Ins. Co., 677 GBCC’s venue rules in determining bank seeking to collect on a note F.3d 1039 (11th Cir. 2012), a fidelity what constitutes a company’s “rel- and guarantees it acquired from bond coverage dispute, the 11th evant market area” for purposes of another bank satisfied the Business Circuit held that a bank holding the Georgia Motor Vehicle Franchise Records Act hearsay exception by company was not insured against Practices Act. producing testimony from its spe- losses allegedly caused by its cial assets manager and custodian banking subsidiary’s employees, Evidence—Expert Testimony of records, who testified regard- interpreting the operative policy on Corporate Governance; ing the delivery of the records to language to restrict the coverage Business Records Act the bank from the original lend- afforded to each insured entity (the Decisions er. In Capital City Developers, LLC holding company and the subsid- In Tindall v. H&S Homes, LLC, v. Bank of North Georgia, ___ Ga. iary) to losses caused by that enti- 2012 WL 3241885 (M.D. Ga. Aug. App. ___, 730 S.E.2d 99 (2012), the ty’s own officers and employees. 7, 2012), the U.S. District Court Court of Appeals held that a bank’s for the Middle District of Georgia summarized statements were not Superior Court of found that a proffered expert on admissible, even though a witness Fulton County Business corporate governance issues was authenticated them and testified to qualified to testify about “good having personal knowledge of how Court Decisions business practices” based on his the summaries were maintained, The Superior Court of Fulton knowledge and experience in busi- because they were generated long County Business Court maintains ness, but could not testify regard- after the transactions being sum- an archive of selected decisions ing Sarbanes-Oxley corporate gov- marized and were not accompa- at http://digitalarchive.gsu.edu/ ernance standards because there nied by the business records on col_businesscourt/. The court was no evidence that Sarbanes- which they were based. In Isbell issued several decisions in 2012 Oxley applies to limited liability v. Credit Nation Lending Service, that bear on Georgia corporations companies, and could not testify LLC, ___ Ga. App. ___, 735 S.E.2d and business organizations law. about the business judgment rule 46 (2012), an automobile auction- Two of the Business Court because he failed to demonstrate eer’s inspection records were held decisions were rendered in pro- familiarity with Georgia’s standard admissible on the basis of testimo- ceedings on remand from appel- of care or its formulation of the ny by the auctioneer’s controller, late rulings discussed above. In business judgment rule. even though he did not personally Greenwald v. Odom, after remand, There were three instruc- perform the inspections, because the Business Court denied the tive Georgia appellate decisions he was able to testify from personal defendants’ motion for summary Consumer Pamphlet Series The State Bar of Georgia’s The following pamphlets are available: Consumer Pamphlet Series Advance Directive for Health Care n Auto is available at cost to Bar Accidents n Bankruptcy n Buying a Home n members, non-Bar members Divorce n How to Be a Good Witness n How to Choose a Lawyer n Juror’s Manual n Lawyers and organizations. Pamphlets and Legal Fees n Legal Careers n Legal Rights of are priced cost plus tax and Nursing Home Residents n Patents, Trademarks shipping. Questions? Call and Copyrights n Selecting a Nursing Home n 404-527-8792. Selecting a Personal Care Home n Wills

Visit www.gabar.org for an order form and more information or email [email protected].

28 Georgia Bar Journal judgment on the issue of loss causation, finding a genuine issue of N D L fact as to whether the company’s Norwitch Document Laboratory failure to meet its allegedly mis- Forgeries - Handwriting - Alterations - Typewriting represented earnings forecast, and Ink Exams - Medical Record Examinations - “Xerox” Forgeries the failure of the allegedly misrepresented proposed transaction to F. Harley Norwitch - Government Examiner, Retired occur, caused the plaintiff’s loss. Court Qualified Scientist - 30+ years. Expert testimony given in The Business Court also granted in excess of four hundred times including Federal and Offshore part and denied in part a motion to exclude the plaintiff’s expert wit- 1 17026 Hamlin Boulevard, Loxahatchee, Florida 33470 ness, allowing the expert to tes- www.questioneddocuments.com tify regarding business matters Telephone: (561) 333-7804 Facsimile: (561) 795-3692 within his expertise but excluding his testimony regarding the spe- Injunction); In re Transcend Services, Action File No. 2010-CV-188721 cific industry as well as corporate Inc. Shareholder Litigation, No. (Fulton Sup. Ct. Feb. 8, 2012 and governance practices and fiduciary 2012-cv-213119 (Fulton Sup. Ct. May 4, 2012). duty concepts. Greenwald v. Odom, Nov. 9, 2012) (Order and Final Finally, in Silverton Financial No. 2008-cv-154834 (Fulton Sup. Judgment). In Benfield v. Wells, the Services, Inc. v. Porter Keadle Moore, Ct. Dec. 21, 2012) (Order on Motion Business Court dismissed a deriva- LLP, No. 2010-cv-194891 (Fulton to Exclude Dr. Sanjai Bhagat and tive action brought by a SunTrust Sup. Ct. July 12, 2012), the court held Defendants’ Motion for Summary shareholder on a motion filed by that knowledge and conduct of offi- Judgment as to the Issue of Loss SunTrust under O.C.G.A. § 14-2- cers and directors can be imputed Causation). In the Macke v. Cadillac 744(a), based on the determination to a corporation even when they are Jack, Inc. litigation, also on remand, by a special litigation committee acting in a dual capacity, but that the Business Court conducted a that the claims lacked merit and an accounting firm cannot defend trial in which the jury found that that a recovery was unlikely. The on the basis of in pari delicto if the plaintiff was entitled to com- Business Court rejected numerous the only allegation of misconduct pensatory damages and attorneys’ challenges to the independence against the officers and directors fees against one of the defendants. of the special litigation commit- is negligence. On a motion to set aside the verdict tee and to the good faith and for attorneys’ fees, the Business reasonableness of its investiga- Thomas S. Richey Court held that there was suffi- tion. Benfield v. Wells, Civil Action concentrates his practice cient evidence of bad faith to sup- File No. 2011CV205554, (Fulton in corporate, securities, port the award under O.C.G.A. Sup. Ct. Oct. 29, 2012) (Order on banking and financial § 13-6-11. Macke v. Cadillac Jack Inc., Defendants’ Motions to Dismiss). litigation and insurance No. 2008-cv-158015 (Fulton Sup. In Shailendra v. Sabadia, the coverage at Bryan Cave Ct. Dec. 3, 2012) (Order on Motion Business Court held that previous LLP. He serves on the Business for Judgment Notwithstanding litigation between the parties relat- the Verdict). ing to certain real estate invest- Section of the State Bar of Georgia’s In Broadway Capital v. Gerdes, the ments as to which the parties had Corporate Code Revision Committee. Business Court denied a motion to been partners did not constitute Richey has published annual surveys enjoin a two-step tender offer and “prior pending” actions because of Georgia corporate and business merger on the basis of alleged dis- the plaintiffs in the present suit organization case law developments closure deficiencies, holding that sought to bring claims under the for the years 2005-2012, copies of Delaware law, which governed the parties’ overarching partnership which are available on request to target company board’s disclosure agreement, which had not been [email protected] duties, did not require the further at issue in the earlier litigation. disclosures regarding the invest- Shailendra v. Sabadia, Civil Action Michael P. Carey ment banker’s trading of company File No. 2011-CV-195621 (Fulton practices corporate, shares and the negotiations lead- Sup. Ct. Feb. 17, 2012). Finally, securities and other ing to the merger. The case settled in O’Brien v. Conza, the Business thereafter, and the Business Court Court held that an equityholders’ complex litigation at entered an order approving the set- agreement between two partners, Bryan Cave LLP, with a tlement. Broadway Capital v. Gerdes, one of whom had passed away, did focus on director and No. 2012-cv-213119 (Fulton Sup. not require the surviving partner officer liability issues. He can be Ct. Apr. 16, 2012) (Order Denying to purchase the deceased partner’s reached at michael.carey@ Plaintiff’s Motion for Interlocutory interest. O’Brien v. Conza, Civil bryancave.com.

April 2013 29 GBJ Feature

Business Development Symposium: Law Partners and In-House Counsel Explain the Art of Business Development

by Marian Cover Dockery

he seventh annual State Bar of Georgia firms including: Douglas Burrell, partner, Drew Eckl & Farnham, LLP; Jonathan Goins, partner, Gonzalez Diversity Program Business Development Saggio & Harlan; Jennifer B. Grippa, shareholder, Miller & Martin PLLC; Chrisna Jones, founding member, The Symposium, sponsored by Alston & Bird, Law Offices of Chrisna D. Jones, LLC; and Sonjui Kumar, T founding member, Kumar, Prabhu, Patel & Banerjee, opened with Part I—Business Development from LLC. The panelists shared tips on developing business with companies, strategies to retain clients and the ben- the Partners’ Perspective on Jan. 27. Part II of the efits of a diverse group of attorneys pitching the firm at the beauty pageant to secure the client. The panelists symposium, Developing Business from the In-House agreed that it helps when the CEO is a champion of diversity in a company. That leadership sets the tone for Counsels’ Perspective, was held on March 7. Partners every manager in the company. Joining business organizations, writing articles, speaking on panels and reach- and in-house counsel presented in separate panel dis- ing out to members of your family, church, clubs and associations can all prove beneficial when attempting to cussions highlighting invaluable strategies on business develop business. Lastly, investing money and time is essential to building business clientele and building and development techniques. maintaining relationships is essential to any practice. The consensus of the panel was that although hard work is In two 90-minute presentations, each of which essential, new attorneys must remember that an attorney offered one CLE credit hour (including one profession- cannot build a book of business by merely working hard alism hour), seasoned partners and in-house counsel in his or her office. provided: do’s and don’ts when drumming up business; tips on how corporations measure diversity when Developing Business from the retaining law firms; strategies partners have adopted to In-House Counsels’ Perspective build relationships and secure business; and advice on retaining clients. Brent Wilson, partner, Elarbee, Thompson, Sapp & Wilson, LLP, moderated the in-house panel consist- Business Development from the ing of: Thomas Best, senior counsel, Home Depot, Inc; Partners’ Perspective Cathy Hampton, chief legal officer, City of Atlanta, Department of Law; Lamis Hossain, lead counsel, para- Christopher J. Chan, partner and member of the intel- gon group, McKesson Technology Solutions; and Patrise lectual property group at Sutherland, moderated a panel Perkins-Hooker, general counsel, Atlanta Beltline, Inc., of experienced partners from solo, midsize and large gave the in-house counsel perspective on best prac-

30 Georgia Bar Journal tices to develop business and the role diversity plays in that process. These experienced counsel echoed the advice shared by the law partner panelists—the three P’s of building a law practice: patience, preparation and performance. It takes time to build relationships, so be patient because it won’t happen overnight. It is essential to be prepared and understand your client’s business; it is mandatory that you work passionately for your client, demonstrate your commitment to the client’s needs, adhere to the client’s budget and don’t let the client outwork you. Meetings with In-House Counsel Photos by Don T. Morgan Partners who participated in Part I of the Business Development Symposium included: Part III of the Symposium will be (left to right) Christopher J. Chan, moderator; Sonjui Kumar, Jonathan Goins, Douglas Burrell, held April 25 at the State Bar from Chrisna Jones and Jennifer B. Grippa. 9:30 a.m. – 3:30 p.m. The final component of the Symposium is one where selected in-house counsel will meet with a diverse group of attorneys one-on-one. The meetings are designed to provide opportunities for these attorneys to introduce themselves to in–house counsel and discuss their experience and expertise for future business opportunities. State Bar members who want “facetime” with in-house counsel can visit the website, www.gabar. org, to complete an application and fill out and submit the online bio form. A nonrefundable $50 administrative fee is charged for those who wish to apply, but there is no guarantee that any attorney will be selected. The participating companies for Part III are the companies represented by panelists in Part II of the Symposium. (Left to right) Cathy Hampton, Marian Cover Dockery, Brent Wilson, Thomas Best, Patrise Perkins-Hooker and Lamis Hossain pose before Part II of the Business Development Symposium Marian Cover where in-house counsel shared their views. Dockery is an attorney with a background in 2013 GDP CALENDAR employment April 25–Business Development Sept. 26 (tentative)–Annual GDP CLE discrimination and the Symposium, Part III and Luncheon executive director of May 28 - June 7–High School Dec. 2013 (date TBD)–GDP Annual the State Bar of Georgia Diversity Pipeline Program Holiday Celebration (members only) Program. For more information on the Diversity Program, go to June 2013 (date TBD)–Summer www.gabar.org. Associates and Judiciary Reception

April 2013 31 GBJ Feature

Meriwether County Courthouse at Greenville The Grand Old Courthouses of Georgia

by Wilber W. Caldwell

reated in 1827, Meriwether County was that in this period 16 brick buildings rose to replace those destroyed. By 1900, the town’s population was above part of the enormous tract west of the 800. In 1901, news of The Central of Georgia’s efforts to purchase The Chattanooga, Rome and Southern reached Flint River that was ceded to the state Greenville. Spirits soared on the speculation that The C Central would extend The Columbus and Rome from of Georgia by the Creek Indians in the 1825 Treaty of Greenville through to Newnan, thus realizing the town’s age-old dream of a railroad from Columbus via Indian Springs. This controversial cession and the land Greenville all the way to Chattanooga. Just as these and other railroad dreams appeared, lotteries that followed opened the floodgates for a wild county leaders in Greenville predictably declared the old courthouse unsafe, and were jealously eye- rush to claim new cotton-growing lands in the western ing J. W. Golucke’s grand new Classical creation in DeKalb County at Decatur. By October of 1901, a part of the state. plan created by Golucke and modeled after his work at Decatur was accepted. A contract for construc- In 1830, Meriwether County counted more than tion was let, the old courthouse was demolished 4,000 residents. By 1840, this number had grown and $30,000 in bonds were authorized and sold. By to more than 14,000. As the county grew, William June of 1902, this grand courthouse began to fill Hitchcock‘s 1832 courthouse rose on the square in Greenville’s tiny square. Greenville. This sturdy brick building would serve for James W. Golucke‘s 1900 DeKalb County Courthouse more than 70 years. In the antebellum period, it stood was perhaps Georgia’s most influential public build- for simple frontier individualism and bore witness to a ing of the era. With the exception of Andrew J. modest prosperity centered on the growing of cotton. Bryan‘s 1895 Stewart County Courthouse at Lumpkin In 1860, the county produced more than 18,000 bales and an 1896 remodeling of the Muscogee County of the staple, fifth among Georgia’s 132 counties. This Courthouse at Columbus, Golucke‘s design at Decatur rich harvest flowed up the old Atlanta and West Point was the first courthouse in Georgia to reflect the Railroad from the depot at Hogansville to Atlanta. pomp of the American Neoclassical Revival. After the In 1885, the narrow gauge rails of the Columbus and wild success of the “Florentine Renaissance” architec- Rome finally made their way from Columbus into ture of the so-called “White City” at Chicago’s 1893 Greenville, a town that had remained a comfortable Columbian Exposition, waves of the new Classicism village of about 500 residents. swept across the country. Great thrusts of modern In the early 1890s, a notable fire and a brutal tornado American Neoclassical styling and an avant Beaux-Arts damaged the old courthouse and swept the town clear Classicism eclipsed the Picturesque and overshadowed of many old wooden buildings. Local historians report the already popular Colonial and Renaissance Revivals

32 Georgia Bar Journal was badly damaged by a fire. Rather than take such calamity as opportunity to construct a modern government building, the citizens of Meriwether rallied to restore the old courthouse. Restoration architect, Ed Neal, of Columbus called the project an “adaptive restoration,” meaning that the exterior of the building would be faithfully restored while the interior would be remodeled and modernized. The results are stunning. The solid stone columns today support hand carved pediments just as they did in 1903. In true Southern fashion, when the New South finally did arrive in Meriwether County, these columns still served to recall the decades of struggle and quandary that were her past.

Excerpted by Wilber W. Caldwell, author of The Courthouse and the Depot, The Architecture of Hope in an Age of Despair, A Narrative Guide to Railroad Expansion and Photo by Wilber W. Caldwell its Impact on Public Architecture The Meriwether County Courthouse at Greenville, built in 1903, James W. Golucke, architect. in Georgia, 1833-1910, (Macon: to create a uniquely American substitute her own symbols, and no Mercer University Press, 2001). Neoclassical Revival which found one had to look far for an appropri- Hardback, 624 pages, 300 photos, no counterpart abroad. Outside of ate replacement. In the Southern 33 maps, 3 appendices, complete the South, all of this architectural mind of 1900, the columns of the index. This book is available for pomp and circumstance was part Old South had come to stand for an $50 from book sellers or for $40 of the national celebration of a idealized era dripping with sweet- from the Mercer University Press new sense of American industrial, ness and light. It was certainly not a at www.mupress.org or call the financial, military and imperialist great distance from the simple ante- Mercer Press at 800-342-0841 might that celebrated the question- bellum forms of Thomas Jefferson inside Georgia or 800-637-2378 able culmination of three decades and Robert Mills to the ornate col- outside Georgia. of greed and unfettered commer- umns of J. W. Golucke’s American cial expansion. To be sure, no such Neoclassical Revival courthouses. celebration seemed appropriate in And it can be no coincidence that the American South. In 1900, the James Golucke always employed region still festered with bitterness, grand porticos in the Greek temple Earn up to 6 CLE credits for ignorance and intransigence, and, form as the centerpiece of his court authoring legal articles and despite the myths of impending buildings. Although he employed having them published. progress, the rural South was still Beaux-Arts ornament with increas- Submit articles to: desperately trapped in a spiral of ing freedom, he always returned to Bridgette Eckerson exploitation and poverty. the great temple-like portico. It was Georgia Bar Journal Still, as James Golucke was soon to a choice that allowed his buildings 104 Marietta St. NW, Suite 100 prove, the South would nonetheless to simultaneously speak two mythi- Atlanta, GA 30303 have her Neoclassical Revival. And cal languages. The modern myth she would have it on her own terms. of the New South teetered on the Contact [email protected] for If the national symbolism attached shaky foundations of the myth of more information or visit the Bar’s to the American Neoclassical the Old South. website, www.gabar.org. Revival was abhorrent to Southern In 1976, James Golucke’s 1903 aesthetes, then the region would Meriwether County Courthouse

April 2013 33 Honor Roll of Contributors 2012 “And Justice for All” State Bar Campaign for the Georgia Legal Services Program®

A Salute to our Supprters! The following donors contributed $150 or more to the campaign from 4/1/2012 – 3/11/2013. Thank you for your generosity and support.

VISIONARIES CIRCLE The Chet Levitt Fund EXECUTIVE CIRCLE Lawler Green Givelber Ryan W. Babcock ($10,000 & Up) for Employment Law ($750 - $1,499) & Prinz, LLC Hubert J. Bell Jr. Rebecca R. Crowley Theodore S. Geiger Anonymous (2) Macon Bar Association and Eleen M. Crowley The Legal Division of The Hunter, Maclean, Exley Joel S. Arogeti Martin Snow, LLP Lilia R. Bell Coca-Cola Company & Dunn, P.C. Hon. James F. Bass Jr. Robert E. McCormack III Beth Boone Mary Allen Lindsey King & Spalding LLP John T. Batson Mercer University John H. Bradley Branan Foundation Middle District of Georgia and Kathryn J. McGarr School of Law Phillip Bradley Sutherland Bankruptcy Law Institute, Inc. Hon. Dorothy T. Beasley Hon. Margaret H. Murphy and Cathy Harper The Wilson Family Willis L. Miller III Phil Bond Gretchen E. Nagy Bryan County Law Library Foundation Paul Hastings LLP James W. Boswell III Elizabeth E. Neely Mr. and Mrs. Aaron L. Andrew M. Scherffius III Jamie M. Brownlee Kenneth S. Nugent, P.C. Buchsbaum PATRON’S CIRCLE Tattnall County Law Library and David G. Russell Hon. Carson D. Perkins Chambless, Higdon, ($5,000 to $9,999) Ms. Nancy Terrill Hon. and Mrs. Edward E. Carriere Tera L. Reese-Beisbier Richardson, Katz Chitwood Harley Harnes LLP and Camp Bacon John A. Chandler Harvey M. and Susan Sachs & Griggs, LLP Patrick J. Flinn Karen R. West James C. Cifelli Salinas Trust Steven M. Collins Hawkins Parnell Thackston Hon. Susan S. Cole Tonia C. Sellers and Committee to Keep Judge & Young LLC PRESIDENT’S CIRCLE Randall A. Constantine Seth G. Weissman Cynthia Wright Philip C. Henry ($1,500 - $2,499) Richard H. Deane Jr. Silver & Archibald, LLP Delia T. Crouch McKenna Long & Aldridge Melinda P. Agee Fulcher Hagler LLP Elizabeth Steele Harold T. Daniel Jr. Foundation, Inc. James A. Clark and Mary David H. Gambrell William A. Trotter III Deryl D. Dantzler Tort and Insurance Practice Jane Robertson Georgia Power David F. Walbert Mark F. Dehler Section of the State Bar Mr. and Mrs. C. Ben Garren Jr. Foundation, Inc. Hon. Charles H. Weigle and Cathy Cox of Georgia Eve B. Klothen Patricia A. Gorham Westmoreland, Patterson, Gregory J. Digel Weissman, Nowack, Curry Michael N. Loebl Hon. James C. Marshall Moseley & Hinson, LLP Dorough & Dorough, LLC & Wilco, P.C. Jenny K. Mittelman and Ms. Camille L. Hope Gregory S. Ellington and William C. Thompson Jones Day LEADERSHIP CIRCLE Emory University School BENEFACTOR’S CIRCLE Jill A. Pryor Stan Jones and ($500 - $749) of Law ($2,500 - $4,999) Strickland Brockington Bobbi Cleveland Joyce R. Abrams Thomas M. Finn Baker, Donelson, Bearman, Lewis LLP Linda A. Klein Addleton Ltd. Co. Hon. Gail C. Flake Caldwell & Berkowitz, PC Weiner, Shearouse, Weitz, and Michael S. Neuren Akin, Webster Fried Rogers Goldberg LLC Bondurant, Mixson Greenberg & Shawe, LLP Lisa J. Krisher & Matson, P.C. Gardner, Willis, Sweat & Elmore, LLP Susan Wells and John P. Batson Thomas J. Anthony & Handelman, LLP W. David Arnold Gretchen P. Garnecho

34 Gautreaux & Adams, LLC Tara L. Adyanthaya William A. Brown Sharon E. Dougherty Earline L. Ham Emmett L. Goodman Jr. Douglas W. Alexander Brownstein Nguyen Bertis E. Downs IV Avarita L. Hanson William S. Goodman Benjamin Allen & Little LLP Clare H. Draper IV William B. Hardegree Hon. Adele P. Grubbs Robert L. Allgood Joseph W. Bryan William M. Dreyer Ernest V. Harris Clinton A. Harkins Paul H. Anderson Jr. E. Clay Bryant Jr. Maria P. Drinkard Jeanne D. Harrison Harris & Liken, LLP Anderson, Walker Robert C. Buck Charles J. Durrance Steven A. Hart James I. Hay & Reichert, LLP Christine P. Bump Willis A. Duvall Walter B. Harvey Wade W. Herring II Douglas G. Andrews Sheryl L. Burke W. Randy Eaddy Elizabeth F. Harwell Phyllis J. Holmen Janet M. Ansorge Bryon S. Burton Edenfield, Cox, Bruce Sally A. Haskins Hon. Sallie R. Jocoy Margaret L. Argent S. Kendall Butterworth & Classens, P.C. Eugene S. Hatcher Forrest B. Johnson William H. Arroyo Ivy N. Cadle R. M. Edmonds J. Madden Hatcher Jr. Elena Kaplan Robert L. Ashe III Maureen A. Cahill William A. Edmundson Franklin D. Hayes Richard and Mary Katz Richard J. Azar Susan A. Cahoon Margaret P. Eisenhauer John C. Heath Patricia M. Killingsworth Bridget B. Bagley Peter C. Canfield Martin J. Elgison Gregory K. Hecht KOHL’S Paige P. Baker Jason J. Carter C. Ronald Ellington Rachael G. Henderson Edward B. Krugman Hon. W. Leon Barfield Fern D. Carty Anne S. Emanuel Robert E. Herndon LaMalva, Geoffroy Patricia T. Barmeyer Joseph P. Carver Hon. Edgar W. Ennis Jr. Theodore M. Hester & Oeland, P.C. The Barnes Law Group, LLC Thomas C. Chambers III Benjamin P. Erlitz G. Lemuel Hewes Law Students from Mercer Sharon C. Barnes Lisa E. Chang Hon. and Mrs. Philip F. Jonathan W. Hewett University School of Law Ansley B. Barton and William W. Buzbee Etheridge Megan J. Hilley Charlie T. Lester Jr. Marshall B. Barton Michael L. Chapman James G. Farris Jr. Thomas H. Hinson II Mercer University School William D. Barwick Socheat Chea Eric R. Fenichel Corey F. Hirokawa of Law (Student Ticket Sales) Rhonda L. Bass John P. Cheeley William H. Ferguson Daniel M. Hirsh Long & Holder, LLP William R. Bassett John D. Christy, Esq. James C. Fleming Frederick S. Hitchcock Long County Law Tina G. Battle Ruth F. Claiborne John H. Fleming Adrienne P. Hobbs Library Fund Henry R. Bauer Jr. Wendi L. Clifton Hon. Robert E. Flournoy III Inman G. Hodges Sally T. Mason David H. Bedingfield John L. Coalson Jr. Daisy H. Floyd Rebecca A. Hoelting Richard C. Mitchell Jacob Beil William B. Cody Timothy W. Floyd Allen M. Hoffman Jr. and Susan Kupferberg Lamont A. Belk Cohen & Caproni, LLC David A. Forehand Jr. Michael J. Hofrichter Nall & Miller LLP Joshua C. Bell Katherine M. Cohen Fox & Smith, LLC L. L. Hogue Mary B. Parks Frank J. Beltran Peter M. Cohen Benjamin E. Fox Melinda C. Holladay John M. Parsons Mary T. Benton Arlene L. Coleman Peter A. Fozzard Philip E. Holladay Jr. Milton L. Petersen Brenda J. Bernstein Committee to Keep Dorothy B. Franzoni Stephen N. Hollomon Kimberly J. Prior James K. Bidgood Jr. Judge Jack Goger J. Randall Frost William H. Hope II Gail S. Pursel Hon. James G. Blanchard Jr. Charles M. Cork III John P. Fry Catherine A. Hora Anderson Jack and Ruth Raisner Theodore Y. Blumoff Steven A. Cornelison Dean Fuchs Kathleen Horne Mr. and Mrs. Albert P. Leslie F. Bond Arturo Corso Murray A. Galin Melissa R. Hourihan Reichert Jr. Cyneetha S. Booker Richard W. Creswell Galloway & Lyndall, LLP Harry C. Howard Teresa W. Roseborough Thomas C. Bordeaux Jr. Rev. John L. Cromartie Jr. Lakeisha T. Gantt Neal H. Howard Alan F. Rothschild Jr. Janel O. Bowles Raymond L. Crowell E. Reid Garrett Ruth A. Hughes J. Ben Shapiro Jr. Timothy W. Boyd R. A. Crumbley Michael G. Geoffroy William H. Hughes Jr. H. Burke Sherwood Hon. William T. Boyett Ruben J. Cruz Richard G. Goerss Hon. Willis B. Hunt Jr. Harvey R. Spiegel David G. Brackett Thomas W. Curvin Steven I. Goldman Charles D. Hurt Jr. Sutton Law Group Belinda A. Brady Charles M. Dalziel Jr. John L. Gornall Jr. Thomas B. Hyman Jr. Thomas W. Talbot Jeffrey O. Bramlett Neal K. Daniel Charles L. Grattan Jennifer N. Ide Evelyn Y. Teague Thomas B. Branch III William T. Daniel Jr. Elise O. Gray Hon. James T. Irvin Michael S. Wakefield Adam B. Brandon Marc E. D’Antonio John W. Greer III J. Scott and Tanya Jacobson Patrick F. Walsh Sam L. Brannen Jr. Peter S. Dardi Antoinette D. Gregory Mary B. James Katherine K. Wood L. Travis Brannon Jr. Gerald Davidson Jr. Hardy Gregory Jr. Frederick W. Johnson Jerome A. Zivan James Brantley A. Kimbrough Davis Charles C. Grile Todd M. Johnson Norman E. Zoller James J. Breen Cedric B. Davis Divida Gude Weyman T. Johnson Jr. Brent M. Bremer Dwight J. Davis Emily G. Gunnells Michael W. Johnston SUSTAINER’S CIRCLE Latoya Brisbane Peter H. Dean Stephen H. Hagler Hon. Cliff Jolliff and Ms. ($250 - $499) John M. Brittingham Jr. Tracey L. Dellacona Stacey A. Haire Elaine Gerke Charles M. Abbott Hon. M. G. Brogdon Joseph W. Dent F. Sheffield Hale Theodore C. Jonas Harold E. Abrams Bill Broker Foy R. Devine Hon. Carolyn C. Hall James C. Jones III Alfred B. Adams III Harry W. Brown Jr. Hon. Neal W. Dickert J. Ellsworth Hall IV Kenneth J. Jones Hon. William P. Adams Kristine “Kris” E. Orr Brown Sally Ann Dorn Rebecca A. Hall Michael R. Jones

35 Pamela M. Jones Brad J. McFall Mary F. Radford Devora Y. Snyder Christopher A. Wray Richard S. Jones James R. McGibbon Michael W. Rafter Jr. Roy M. Sobelson Peter M. Wright Heather K. Karrh Daniel R. McKeithen Lynn Rainey Lesley H. Solomon W. Scott Wright Robert N. Katz Marci W. McKenna John H. Rains IV Kazuma Sonoda Jr. Hon. Gordon R. Zeese Gary M. Kazin Tony Mendoza David N. Rainwater Lawrence S. Sorgen Samuel B. Zeigler Marcus G. Keegan Richard L. Menson Sheila L. Rambeck Robert M. Souther Kathryn M. Zickert Kirk W. Keene John T. Mercer Brad C. Rametta Rita C. Spalding Frances A. Zwenig Michael B. Keene Patricia C. Mescher Marie T. Ransley John I. Spangler III Richard P. Kessler Jr. John B. Miller Jr. Kimberly A. Reddy Steven L. Sparger DONOR’S CIRCLE F. Carlton King Jr. Lester M. Miller Lisa R. Reeves Avital Stadler ($150 - $249) Kevin W. King Terry L. Miller M. Joseph Reitman Jr. Charles T. Staples Rahmah A. Abdulaleem Mr. and Mrs. Dow N. Steven M. Mills Robert B. Remar E. Dunn Stapleton Aaron I. Alembik Kirkpatrick II James E. Millsaps W. Carl Reynolds, P.C. Grant T. Stein Mr. and Mrs. Miles J. Seth D. Kirschenbaum John L. Mixon III Jody M. Rhodes Mason W. Stephenson Alexander William H. Kitchens Daniel P. Monro Robert E. Ridgway III J. Douglas Stewart Thomas C. Alexander Klamon Family Foundation Carlton H. Morse Jr. Lynn M. Roberson Kice H. Stone John J. Almond Jr. Rhonda L. Klein John W. Mrosek David A. Roby Jr. A. Thomas Stubbs Stephen C. Andrews Frank J. Kralicek Heather E. Murphy Rockefeller Law Center Malcolm S. Sutherland Daniel A. Angelo Stanley E. Kreimer Jr. Lesly G. Murray Richard B. Roesel Darrell L. Sutton Amy K. Averill Sid M. Kresses Dorian Murry Gail E. Ronan Stephen B. Swartz Robin N. Bargeron Jennifer A. Kurle Jeffrey D. Nakrin Joseph A. Roseborough David R. Sweat Hon. Patricia D. Barron Sarah B. LaBadie Scott L. Nathan Michael C. Russ Elizabeth V. Tanis Hon. William P. Bartles Benjamin A. Land Terry L. Nevel Cornelia S. Russell John A. Tanner Jr. Donna G. Barwick Hon. John T. Laney III Gwyn P. Newsom Michael J. Rust Timothy P. Terrell Thomas A. Bauer Susan P. Langford Charles L. Newton II Sacred Heart Laura G. Thatcher Gaylen K. Baxter John L. Latham Elizabeth J. Norman Catholic Church Kevin A. Thomas Jessica Beier Thomas P. Lauth Patrick T. O’Connor Mr. and Mrs. Jack L. Christopher A. Townley Paul R. Bennett Nancy F. Lawler Victoria A. O’Connor Sammons Jr. Laura B. Traylor Dhoya Z. Bentley David N. Lefkowitz The Oldenburg Law Firm Mark W. Sanders Jr. Wimberly D. Treadwell David L. Black Guy E. Lescault Mary Margaret Oliver C. Franklin Sayre Philip E. Tribble Sheri L. Bocher Keith D. Leshine Harry A. Osborne Mark Schaefer Thomas W. Tucker Joseph I. Bolling Ralph B. Levy John T. Overocker Neil C. Schemm Jeanie K. Tupper R. David Botts Risa L. Lieberwitz Suzanne R. Pablo Ryan Schneider John M. Vansant Jr. Sandra K. Bowen Keith L. Lindsay Paul W. Painter Jr. and Jennifer Tourial Jorge Vega Nancy F. Bramlett David S. Lipscomb Jonathan B. Pannell Jason R. Schultz Hon. Robert L. Vining Jr. Dianne Brannen Catherine E. Long Leonard J. Panzitta David M. Schwartz Eric M. Wachter Richard O. Brown Mary B. Long Dianne P. Parker Robert C. Schwartz Rose Marie Wade Hon. S. Phillip Brown Virginia L. Looney W. Henry Parkman Charity Scott Joseph N. Walden III Burnette Law, P.C. Rhani M. Lott Lars-Uwe Pera and Evans Harrell Carol Walker Jeanette Burroughs Sarajane Newton Love Clifford C. Perkins Jr. Sell & Melton, L.L.P. Susan M. Walls George E. Butler II Hubert C. Lovein Jr. Patrise M. Perkins-Hooker Shapiro & Swertfeger, LLP Phillip J. Walsh Louis T. Cain Jr. Linda S. Lowe Alan R. Perry Jr. Marta Shelton William F. Ward Elizabeth C. Calhoun J. Rodgers Lunsford III Benjamin S. Persons Edward M. Shoemaker Daniel J. Warren Fred L. Cavalli Charles W. Lykins Jerry G. Peterson Arnold B. Sidman Thomas H. Warren Gail W. Churchill Daniel I. MacIntyre IV Hon. Guy D. Pfeiffer M. T. Simmons Jr. Hon. Margaret G. Washburn Jeffery T. Coleman Macon Young Lawyers Ben B. Philips Ethelyn N. Simpson Joseph D. Weathers John R. Coleman Jr. Division Charles E. Phillips Jr. Joyce F. Sims David A. Webster Committee to Elect Rosser A. Malone Kenneth S. Piernik Hon. Lamar W. Sizemore Jr. Mark Weinstein Rebecca Liles Grist Leonard T. Marcinko W. Warren Plowden Jr. Slappey & Sadd, LLC Ellene Welsh Albert H. Conrad Jr. Hon. Beverly B. Martin Tara Polli Helen S. Smith Nancy J. Whaley Linnis I. Cook Hon. Johnny W. Mason Jr. Warren R. Power Hon. J. D. Smith John A. White Jr. Leslie F. Corbitt Suzanne G. Mason Jeffrey N. Powers John H. Smith Larry J. White Gardner G. Courson Marie E. Massey Elizabeth A. Price Lynette E. Smith Frank B. Wilensky Daniel M. Covino Stuart C. Mathews Alison B. Prout Margaret R. Smith Kristin B. Wilhelm John P. Cowan Caryn R. May Lisa M. Putnam Matthew T. Smith Ronald F. Williams Stephen S. Cowen Wes R. McCart Barbara D. Pye-Tucker Hon. Philip C. Smith Deborah J. Winegard J. Michael Cranford Julian B. McDonnell Jr. Kevin and Marilyn Quail Brian G. Smooke Susan E. Wolf Lynda M. Crouse Kenneth P. McDuffie David A. Rabin Cubbedge Snow Jr. Timothy W. Wolfe Thomas A. Cullinan

36 Mawuli M. Davis Christine A. Koehler David A. Smythe MEMORIAL GIFTS 2012 CAMPAIGN Randall H. Davis James M. Koelemay Jr. Don E. Stephens Hon. Dorothy T. Beasley in COMMITTEE Robert H. Davis Jr. Lawrence A. Kohn David J. Stewart memory of Hon. Stephen Toth Robin Frazer Clark Stephen B. Devereaux John Lamberski Mary J. Stewart Fern D. Carty in memory of President, State Bar of Mary Irene Dickerson Gregory G. Lawton J. Lindsay Stradley Jr. Malcolm and Jewel Carty Georgia William D. Dillon Matthew W. Levin Lori Surmay Wanda Collier in memory Kenneth L. Shigley J. Elisabeth Dobbs Dawn M. Lewis Brett A. Switzer of EOA Shelter Plus Care Immediate Past President, Jason E. Downey Joel I. Liss Michael J. Tafelski Wendy Glasbrenner in State Bar of Georgia Lori B. Duff Rita J. Llop B. Ellen Taylor memory of Doris J. Holmen Cliff Brashier Julie I. Edelson Nicholas A. Lotito G. William Thackston Jr. Judy Perez in memory Executive Director, Lonzy F. Edwards John R. Lovell Robert L. Trivett of Doris J. Holmen State Bar of Georgia Nancy O. Ewing Edwin Marger Richard D. Tunkle A. M. Christina Petrig in Brinda Lovvorn Arthur C. Fahlbusch Jr. George F. Maynard IV Nicki N. Vaughan memory of Doris J. Holmen Director of Membership, Joseph H. Fowler Katherine T. Maynard Robert J. Veal Hon. Lamar W. Sizemore Jr. State Bar of Georgia Alysa B. Freeman Paul B. Mazur Raye A. Viers in memory of Frank C. Jones Judy Hill Robert A. Fricks Richard A. McCall Jeffrey S. Warncke Andrew J. Whalen III in memory Assistant Director Terrica R. Ganzy Max R. McGlamry Mary K. Weeks of Will and Danya Crumbley of Membership, J. Michael Garner Angela K. McGowan Robert G. Wellon State Bar of Georgia Karen Geiger Hon. T. Penn McWhorter Dana M. Wilson IN-KIND GIFTS Cynthia Gibson Jeffery O. Monroe Frank C. Winn Rachael Henderson Georgia Legal Services Neil J. Ginn Muriel B. Montia Christopher C. York Jack Webb Program Board of Directors Wendy Glasbrenner Green Moore III Gertie R. Beauford Hon. Martha K. Glaze Kimberly L. Myers HONORARIUM GIFTS 2012 ASSOCIATES’ Beth Boone Alan B. Gordon, PC Michael T. Nations Hon. Dorothy T. Beasley in CAMPAIGN FOR LEGAL Gwenita M. Brinson Ralph H. Greil Robert T. Neufeld honor of Marta S. Shelton SERVICES Kristine “Kris” E. Orr Brown Ashley B. Guffey Scott P. Newland Wanda Collier in honor Laura Anthony Wanda Collier Shelby S. Guilbert Jr. Benjamin A. Nicholson of the 2nd Chance Arnall Golden Gregory LLP Leonard Danley John R. Haeger John A. Nix Hon. Edgar W. Ennis in Ryan Babcock Terence A. Dicks Jessica J. Hagen Leslie A. Oakes honor of Hon. Howard Simms Daniel C. Beer Gregory S. Ellington Kevin W. Hall James B. Outman Gainesville Northeastern Curtis S. Dornburg Damon Elmore Rebecca A. Haltzel-Haas W. Russell Patterson Jr. Georgia Bar Association in King & Spalding Patrick J. Flinn Joanna B. Hannah Therese C. Piazza honor of Hon. Sidney O. Smith Megan Poitevint Terrica Redfield Ganzy Sarah S. Harris Loretta L. Pinkston Liz Hill in honor Jacqueline Tio C. Ben Garren Jr. Caroline W. Herrington Timothy S. Pollock of Susan Wells Michael Geoffroy Jeffrey F. Hetsko Scott M. Porter Mr. and Mrs. David E. VENDORS Patricia A. Gorham Daniel F. Hinkel R. Nathaniel Rackett III Hudson in honor of Hon. Barracuda Networks Isabelle P. Harper Susan Hirsch Ernest C. Ramsay William M. Fleming ACC Business Wade W. Herring II William E. Hoffmann Jr. Philip M. Rees Hon. Cliff Jolliff and Ms. CDW Elena Kaplan Keith W. Holman Michael S. Reeves Elaine Gerke in honor Cisco Networks Angela Lingard Gautam Huded Sharon H. Reeves of Wendy Glasbrenner Colotraq Gwen Littleton David L. Hudgins Jeffrey P. Richards McKenna Long & Aldridge Digital Concierge Michael N. Loebl Mr. and Mrs. David E. Clinton D. Richardson Foundation, Inc. in honor at She’s Wired Martha Lowe Hudson Joycia C. Ricks of Bill Ide FastNeuron Inc. Mary J. Macon Laura S. Huffman Jon M. Ripans Jack and Ruth Raisner in Frazier Marketing and Design Brad J. McFall Carolyn R. Huggins Timothy D. Roberts honor of Dawson Morton Hewlett Packard Rev. Morris J. McKinney Edward M. Hughes Walter P. Rowe Harvey M. Sachs in honor InfoExpress Dorian Murry Joseph D. Ivey Stephen J. Sasine of Dean Roy Sobelson Microsoft Adelina Nicholls Wayne S. James Savannah Community Stacy Shelton in honor PSTI John W. Pruitt Sr. Lou Ella B. Jenkins Foundation, Inc. of Susan Wells Peachtree Benefits Group Jill Pryor Gwendolyn L. Johnson Robert A. Schapiro Elizabeth Steele in honor PrintTime Gail S. Pursel Harriett E. Jones Stanton J. Shapiro of Robert McCormack RGI Albert P. Reichert Jr. Kristina M. Jones Elise S. Shore Karen R. West in honor StormWood Mark Schaefer, Treasurer Robert J. Kauffman Silvis, Ambrose of Nancy Terril Techbridge H. Burke Sherwood Sr. Nisbet S. Kendrick III & Lindquist, P.C. WomenSource in honor of Unidesk Kazuma Sonoda Jr. Lisa S. Keyes Richard H. Sinkfield Mary Carden, Caitlin McGarr, Vmware Venzella Stowers Chevene B. King Jr. Rita A. Sislen Kelly Ann Miles, Cara Nancy Terrill H. Elizabeth King, PH.D., P.C. Claude M. Sitton Mitchell, Elizabeth Simmons, Tami Cosby Tyler Wilbur B. King Wilson R. Smith David West, Nicki Vaughan Karina Vasquez

37 Ruth White Edward J. Hardin J. Robert Persons Hugh M. Davenport Jaurene K. Janik Tamera M. Woodard Harris & Liken, LLP Steven L. Pottle Thomas C. Dempsey W. Jan Jankowski Phyllis J. Holmen Jill A. Pryor Gregory J. Digel Weyman T. Johnson Jr. Georgia Legal Services Hunter, Maclean, Exley Robert B. Remar Robert N. Dokson Howard H. Johnston Foundation & Dunn, P.C. Udai V. Singh John L. Douglas Jane M. Jordan The Georgia Legal Inglesby, Falligant, Horne, J. Lindsay Stradley Jr. J. Michael Dover Lise S. Kaplan Services Foundation is a Courington & Chisholm, P.C. Patrick F. Walsh Lester Z. Dozier Jr. Mary M. Katz separate 501(c)(3) nonprofit Mary B. James David D. and Dozier Law Firm, LLC Melinda M. Katz organization with a mission to D. Wesley Jordan Melody Wilder Wilson Terri H. Duda Robert N. Katz build an endowment to sustain Paul Kilpatrick Jr. M. Kathryn Durham, J.D., P.C. Lisa Kennedy the work of the Georgia Mr. & Mrs. Lawrence P. OTHER DONORS Randy J. Ebersbach Robbman S. Kiker Legal Services Program for Klamon Anonymous (6) Robert G. Edge Jeff S. Klein generations to come. Linda A. Klein Anthony H. Abbott William A. Erwin Jonathan I. Klein and Michael S. Neuren Bettye E. Ackerman Roslyn S. Falk Alex Kritz Building a Foundation Catherine E. Long Aaron I. Alembik William H. Ferguson Edward B. Krugman for Justice Willis L. Miller III Evan M. Altman Karen J. Fillipp Harry S. Kuniansky The following individuals and Roger E. Murray Peter J. Anderson Thomas M. Finn Steven J. Labovitz law firms are contributors to Gretchen E. Nagy Anthony B. Askew Dean Daisy H. Floyd L. Robert Lake the “Building a Foundation for Kenneth S. Nugent, P.C. Cathy and Bucky Askew Ira L. Foster Kipler S. Lamar Justice Campaign” launched Thomas E. Prior Bruce and Lisa Aydt Samuel A. Fowler Jr. Clifford S. Lancey in 2001 by the Georgia Legal Hon. Mae C. Reeves S. C. Baird Paula J. Frederick Gregory G. Lawton Services Foundation. Mr. Alan F. Rothschild Jr. Michelle R. Barclay Christine A. Freeman Hon. Kelly A. Lee Sanford Salzinger JWP Barnes Gregory L. Fullerton Stanley M. Lefco JUSTICE BUILDERS J. Ben Shapiro Jr. Robert A. Barnes Peter B. Glass Mrs. Esther and Mr. Kristian ($1,000 & Up) Silver & Archibald, LLP Charles H. Battle Jr. Susan H. Glatt Leibfarth Anonymous (3) Hon. Philip C. Smith Hon. T. Jackson Bedford Jr. Hon. Martha K. Glaze Zane P. Leiden Robert L. Allgood Charles W. Surasky Kevin E. Belle Isle Judy Glenn R. O. Lerer Joel S. Arogeti Michael H. Terry William T. Bennett III Yvonne K. Gloster Lightmas & Delk Mr. and Mrs. R. Lawrence Randolph W. Thrower Bentley, Bentley & Bentley Morton J. Gold Jr. Jack N. Lincoln Ashe Jr. William A. Trotter III Harvey G. Berss Alan B. Gordon J. Rodgers Lunsford III Alice H. Ball Thomas W. Tucker Terry C. Bird Kevin R. Gough Herman O. Lyle Joseph R. Bankoff Weissman, Nowack, Martin J. Blank Thomas S. Gray Jr. Edwin Marger Patricia T. Barmeyer Curry & Wilco, P.C. David J. Blevins Divida Gude Andrew H. Marshall The Barnes Law Group, LLC William F. Welch Mr. and Mrs. Charles R. Bliss Stephen H. Hagler H. Fielder Martin James L. Bentley III Derek J. White Marcia W. Borowski Nedom A. Haley Raymond S. Martin Jean Bergmark Diane S. White Edward E. Boshears Christopher Harrigan F. P. Maxson Lynne Borsuk Timothy W. Wolfe Rosemary M. Bowen Kirk E. Harris, Esq. James McBee and Robert Smulian Thomas A. Bowman Jeanne D. Harrison Elizabeth L. McBrearty James W. Boswell III JUSTICE PARTNERS Barbara S. Boyer Alexsander H. Hart Mary F. McCord Bouhan, Williams ($500 - $999) John H. Bradley James A. Hatcher James T. McDonald Jr. & Levy, LLP Anonymous Daryl Braham Karen G. Hazzah Jane S. McElreath Phil Bradley Paul R. Bennett Thomas B. Branch III Gregory K. Hecht Christopher J. McFadden and Cathy Harper Mary Jane Cardwell Dianne Brannen Philip C. Henry James B. McGinnis Jeffrey and Nancy Bramlett Steven M. Collins Brooks Law Firm Mr. and Mrs. Andrew M. McKenney & Jordan James J. Breen Randall A. Constantine The Brown Firm, LLC Hepburn Jr. Hon. Jack M. McLaughlin William A. Brown R. Keegan Federal Jr. George E. Butler II Sharon B. Hermann Merrill & Stone, LLC Aaron L. Buchsbaum John H. Fleming John D. Carey Chris Hester Metropolitan Regional Sheryl L. Burke Kevin B. Getzendanner John R. Carlisle Jeffrey F. Hetsko Information Sysytem Inc. Business Law Section R. William Ide III Thomas D. Carr Charles F. Hicks Michael S. and of the State Bar of Georgia Paul S. Kish Hon. Edward E. Carriere Jr. Jon E. Holmen Peggy Meyer Von Bremen James A. Clark William H. Kitchens Edward B. Claxton III Edward M. Hughes Garna D. Miller and Mary Jane Robertson Leslie and Judy Kemperer James H. Coil III Hon. Carol W. Hunstein Martha A. Miller David H. Cofrin Rita J. Kummer Arlene L. Coleman Cindy Ingram Terry L. Miller Harold T. Daniel Jr. Celeste McCollough Hon. Lawrence A. Cooper Initial Public Offering C. Wingate Mims Benjamin S. Eichholz, P.C. Jenny K. Mittelman Philip B. Cordes Securities Litigation John T. Minor III J. Melvin England and William C. Thompson Hon. John D. Crosby Hon. James T. Irvin R. Carlisle Minter John P. Fry Patrick T. O’Connor Robert M. Cunningham Hon. Phillip Jackson Mitchell & Shapiro, LLP David H. Gambrell The Oldenburg Law Firm John D. Dalbey Jackson & Schiavone Ann Moceyunas

38 H. Bradford Morris Jr. William L. Tucker Daniel R. Tompkins III in National Association of The Georgia Legal Services Diane M. Mosley Leslie W. Uddin honor of Leonard Danley Realtors in memory of Doris Program is a non-profit Jerold L. Murray Frederick D. Underwood Hon. Ronit Z. Walker in honor J. Holmen law firm recognized as a The National Association Jennifer B. Victor of Ann and Vicki Bronfman NAR Legal Affairs in memory 501(c)(3) organization by of Realtors Christopher A. Wagner Hon. Ronit Z. Walker in of Doris J. Holmen the IRS. Gifts to GLSP are NAR Legal Affairs Hon. Ronit Z. Walker honor of Naomi Walker Udai V. Singh in memory tax-deductible to the fullest James A. Neuberger Walker Wilcox Matousek LLP Leigh M. Wilco and Carolyn of Shammi Kapoor extent allowed by law. Charles L. Newton II Ellene Welsh C. Wood in honor State Bar of Georgia in The Georgia Legal Services Rakesh N. Parekh, PC Brian K. Wilcox of Cam McDonald memory of Doris J. Holmen (GLS) Foundation is A. Sidney Parker Mark Wilcox Robert E. Wilson in honor Randolph W. Thrower in recognized as a 501(c)(3) non- Mr. and Mrs. Dianne P. Parker Robert J. Wilder of Phyllis Holmen memory of Margaret M. Thrower profit organization by the IRS. G. Cleveland Payne III, PC Frank B. Wilensky William L. Tucker in memory Hon. George M. Peagler Jr. Paul C. Wilgus MEMORIAL GIFTS of W. M. “Butch” Page Carl S. Pedigo Jr. Norman D. Wilson Anonymous donor in memory Frederick D. Underwood in Cathy Peterson Robert E. Wilson of Larry Foster memory of Doris J. Holmen Hon. Albert M. Pickett William N. Withrow Jr. Anonymous donor Walker Wilcox Matousek LLP Loretta L. Pinkston Leigh M. Wilco in memory of Fred Orr in memory of Doris J. Holmen John L. Plotkin and Carolyn C. Wood Bruce and Lisa Aydt in Mark D. Wilcox in memory Jeffrey N. Powers Brian M. Worstell memory of Doris J. Holmen of Doris J. Holmen Thompson T. Rawls II Hon. Lawrence D. Young Hon. T. Jackson Bedford Jr. in Michael S. Reeves Daniel D. Zegura memory of Lake Rumsey, Esq. Georgia Legal Services Richard B. Roesel Norman E. Zoller Daryl Braham in memory of Foundation James H. Rollins Doris J. Holmen Board of Directors Gifts to the GLS Foundation Charles L. Ruffin HONORARIUM GIFTS Hon. John D. Crosby in Patricia T. Barmeyer are tax-deductible to the fullest David A. Runnion Cathy and Bucky Askew in memory of Henry W. Bostick Lynn Y. Borsuk extent allowed by law. Dorothy W. Russell honor of Phyllis Holmen Karen A. Fillipp in memory James W. Boswell III Phillip B. Sartain Patricia T. Barmeyer in honor of Doris J. Holmen Phil A. Bradley To make a contribution Christopher G. Sawyer of Randolph W. Thrower Paula J. Frederick in memory Paul T. Carroll III Go online at www.glsp.org, or Otis L. Scarbary Alan B. Gordon in honor of Doris J. Holmen Elsie R. “Dolly” Chisholm mail your gift to Georgia Legal Cathy L. Scarver of Judge Warren Davis Judy Glenn in memory James A. “Jock” Clark Services, Development Office, S. Alan Schlact Philip C. Henry in honor of Doris J. Holmen Edward J. Hardin 104 Marietta Street, Suite Bryan D. Scott of Judge Hilton Fuller Christopher Harrigan in Harold T. “Hal” Daniel Jr. 250, Atlanta, Georgia, 30303. Claude F. Scott Jr. Hon. Carol W. Hunstein in memory of Doris J. Holmen Jane M. Jordan Janet C. Scott honor of David Gambrell Chris Hester in memory Mary Mendel Katz Thank you for your support. Martin J. Sendek D. Wesley Jordan in honor of Doris J. Holmen Mickael L. McGlamry Mark A. Shaffer of his parents, the Rev. Don Jon E. Holmen in memory Jonathan Pannel Hon. Marvin H. Shoob Jordan and Mary P. Jordan of Doris J. Holmen Alan F. Rothschild Jr. Ann A. Shuler Lisa Kennedy in honor Linda L. Holmen Polka in Evelyn Y. Teague Silvis, Ambrose & Lindquist, P.C. of Hon. Chris Brasher memory of Doris J. Holmen Thomas W. “Tommy” Tucker Douglas K. Silvis Mrs. Esther and Mr. Kristian Jaurene K. Janik in memory Derek J. White Ethelyn N. Simpson Leibfarth in honor of Jerry of Doris J. Holmen We appreciate our donors John E. Simpson and Naomi Neuwirth Andrew H. Marshall in memory and take great care in George B. Smith Catherine E. Long in honor of CPL Evan Andrew Marshall compiling the Honor Roll Jay I. Solomon of Clay and Elizabeth Long F. P. Maxson in memory of Contributors. If we have David N. Soloway Ann Moceyunas in honor of Doris J. Holmen inadvertently omitted your John D. Sours of David Teske James McBee in memory name, or if your name is Thomas A. Spillman J. Robert Persons in honor of Doris J. Holmen incorrect in the records, we State Bar of Georgia of Phyllis Holmen Metropolitan Regional apologize and encourage you Mason W. Stephenson Charles L. Newton II in honor Information System Inc. in to contact the Development Michael P. Stevens of Ken and Sally Shigley memory of Doris J. Holmen Office at 404-206-5175, Joseph F. Strength S. Alan Schlact in honor of Michael S. and Peggy Meyer so that we can correct our C. Deen Strickland Bernie and Gary Schlact Von Bremen in memory records and acknowledge David R. Sweat and Frank J. Hays of Bill Underwood you properly in the future. Robert E. Talley Janet C. Scott in honor Jenny K. Mittelman and Some donors have requested Jeffrey D. Talmadge of Mary R. Scott William C. Thompson in anonymity. Susan C. Tarnower Jeffrey D. Talmadge in honor memory of Doris J. Holmen G. William Thackston of Jeff Bramlett Diane M. Mosley in memory Daniel R. Tompkins III of Doris J. Holmen

39 Bench & Bar

Kudos bono legal representation through metro-Atlanta > volunteer attorneys to asylum seekers, immigrant victims of human trafficking, domestic violence, sexual assault and other crimes. > Brian D. Burgoon was elected secretary of the University of Florida College of Anderson Knox McKeon Segal Law Alumni Council. He has served on Kilpatrick Townsend & Stockton LLP the Alumni Council since 1997, and as a announced that Yendelela Neely member of its Board of Directors/ Anderson was voted chair of the Executive Committee since 2009. Jumpstart Atlanta Advisory Board. Burgoon is a sole practitioner with The Burgoon Jumpstart helps bridge the educational Law Firm, LLC, in Atlanta, and focuses his practice achievement gap for thousands of pre- on civil and commercial litigation. Dev-Sidhu schoolers living in poverty nationwide. Delivering high quality programming in 19 states, > Warner, Bates, McGough & McGinnis Jumpstart is the only national, supplemental pre- attorney Traci Weiss was named a “Top school program of its kind. Anderson has been 40 Family Lawyer Under 40” in Georgia involved with Jumpstart since 2010. by the American Society of Legal Of counsel Wyck Knox was inducted into Junior Advocates. Warner, Bates, McGough & Achievement’s Central Savannah River Area McGinnis practices exclusively in the (CSRA) Business Hall of Fame. The CSRA Business area of matrimonial and family law. Hall of Fame recognizes and celebrates outstanding individuals whose pursuits in business and philan- > Taylor English Duma announced that thropy inspire young people to become leaders and Eric Fisher was appointed to serve a community advocates. two-year term on the Board of Directors Partner Tina McKeon was the recipient of a 2013 of the Anti-Defamation League (ADL)’s Georgia Bio Community Service Award. Each Southeast regional office. Fisher is a year, Georgia Bio recognizes individuals, compa- member of the firm’s litigation and dis- nies and organizations for significant contributions pute resolution group, handling matters across the to Georgia’s life sciences industry. McKeon serves spectrum of litigation. as a member of the Georgia Bio and Southeast BIO Board of Directors. She has been a leader in helping > Ronnie Mabra took the oath of office in Georgia Bio expand its membership and improve January 2013 as a member of the Georgia its programming over the years. House of Representative for House Pro bono partner Debbie Segal received Georgia District 63. Mabra is a trial lawyer and Asylum & Immigration Network’s (GAIN) presti- founder of the Mabra Firm, LLC, in gious Pro Bono Partner of the Year Award. Segal Atlanta and member of the Fayette received the award in recognition of her work on County Chamber of Commerce. behalf of asylum seekers and immigrant victims of human trafficking, domestic violence and > McGuireWoods LLP announced that sexual assault. Jonathan Shils, a partner with the firm’s Associate Meena Dev-Sidhu was recently real estate practice in Atlanta, was elect- elected co-chair and president of the Board of ed president of the American College of Raksha. Raksha, meaning “protection” in several Real Estate Lawyers (ACREL). ACREL, South Asian languages, is a Georgia-based non- founded in 1978, is a prestigious peer- profit organization for the South Asian commu- selected organization comprised of approximately nity. Raksha’s mission is to promote a stronger and 1,000 real estate lawyers in the United States, includ- healthier South Asian community through confi- ing lawyers in private practice, in-house counsel and dential support services, education and advocacy. academics in the real estate law area. > The Atlanta office of McKenna Long & Aldridge > Alston & Bird, LLP, announced that Kamal Jafarnia LLP was named the 2012 “GAIN Volunteer Law was appointed to the Board of Directors of the Firm of the Year” by the Georgia Asylum and Ashford Hospitality Trust, Inc. Ashford is a self- Immigration Network (GAIN). GAIN provides pro administered real estate investment trust focused on

40 Georgia Bar Journal Bench & Bar

investing in the hospitality industry across all seg- yers, judges, law faculty and legal scholars who have ments and at all levels of the capital structure. Jafarnia been nominated by their peers because of their out- is currently counsel in the financial services and prod- standing achievements in the legal profession. ucts group and a member of the REIT practice group in the New York office of Alston & Bird, LLP. > HunterMaclean announced that partner Chris Phillips > Boyd Collar Nolen & Tuggle, LLC, was inducted into the announced the appointment of found- American Board of ing partner Robert D. Boyd as presi- Trial Advocates (ABOTA). dent of the Georgia Chapter of the ABOTA is a national asso- Phillips Lamar American Academy of Matrimonial ciation of trial lawyers and Lawyers. Boyd, a fellow of the national judges dedicated to the preservation and promotion organization for 20 years, has practiced exclusively of the civil jury trial right provided by the 17th in family law since 1988. Amendment to the U.S. Constitution. ABOTA works to uphold the jury system by educating the > Weissman, Nowack, Curry & Wilco American public about the history and value of the announced that Julie McGhee Howard right to trial by jury. was elected to serve as president-elect Partner Sarah H. Lamar was named co-chair of the of the national Community Associations Georgia Society of Human Resource Management Institute (CAI), the leading advocate (SHRM) Governmental Affairs Committee. The for community associations. In the committee’s mission is to raise awareness of new organization’s 40-year history, she is only the third laws, regulations and legislative initiatives among all attorney from Georgia to hold the role, and she will SHRM chapters throughout Georgia and to engage be only the ninth woman to serve as CAI president. SHRM members in the legislative process. > Burr & Forman LLP announced that Ed > The Nipissing Branch of the Canadian Snow, a partner in the Atlanta office, International Council welcomed was selected as co-chair of the Board of Laverne Lewis Gaskins for a discus- Advisors of Emory University’s sion of “The Intersection of Race and Michael C. Carlos Museum. The muse- the Law: An American Historical um is one of the Southeast’s premier Perspective.” Gaskins is the university ancient art museums with major collections of art attorney at Valdosta State University where she is objects from ancient Egypt, Nubia, Near East, also an adjunct professor who teaches courses on Greece, Rome, ancient Americas, Africa and Asia, trial advocacy and gender, justice and family. as well as a collection of works on paper from the Renaissance to the present. > Judge Patricia Barron, chief magistrate judge of Athens-Clarke County, was > Davis, Matthews & Quigley, P.C., selected by the Athens Area Chamber of announced that shareholder David N. Commerce as its 2013 Athena Award Marple was accepted as a fellow in the recipient. This is an international award American Academy of Matrimonial presented each year to a person who Lawyers (AAML). The AAML was demonstrates excellence in the profession and fur- founded in 1962 by highly regarded thers the goals of other professional women. Barron domestic relations attorneys to provide leadership is the second attorney and first judge to receive this that promotes the highest degree of professionalism award in its 26-year history in Athens. and excellence in the practice of family law. On the Move > Crawford & Company announced that In Atlanta Allen W. Nelson was nominated to > Jones Day named Elena become a fellow of the American Bar Kaplan and Carrie L. Foundation. Nelson serves as Crawford’s Kiedrowski as partners in executive vice president, general coun- the Atlanta office. They sel, corporate secretary and chief admin- were previously associates. istrative officer. Fellows of the American Bar Kaplan, a member of the Kaplan Kiedrowski Foundation form an honorary organization of law- employee benefits practice,

April 2013 41 Bench & Bar

advises employers on providing employee benefits Suite 1900, Atlanta, GA 30363; 404-888-3800; Fax and designing compensation structures in compli- 404-888-3863; www.fordharrison.com. ance with applicable laws, including ERISA and the Internal Revenue Code. Kiedrowski, a member of the > McGuireWoods LLP announced that intellectual property practice, focuses on the enforce- Thomas R. Walker was promoted to ment of trademark rights on the Internet, global partner. Walker practices in the areas brand development and protection, domestic and of restructuring and insolvency and international trademark clearance and prosecution, commercial litigation. The firm is IP due diligence, trademark licensing, and trade located at 1230 Peachtree St. NE, Suite dress and copyright matters. The firm is located at 2100, Atlanta, GA 30309; 404-443-5500; Fax 404- 1420 Peachtree St. NE, Suite 800, Atlanta, GA 30309; 443-5599; www.mcguirewoods.com. 404-521-3939; Fax 404-581-8330; www.jonesday.com. > Parker, Hudson, Rainer & Dobbs LLP > Carlock, Copeland & Stair, announced that Darren E. Gaynor was LLP, announced that John elected to the partnership. Gaynor is a L. Bunyan and Jason W. member of the firm’s litigation practice Hammer were selected to group, and his practice focuses on join the firm’s partnership. defending financial institutions and Bunyan practices in com- other corporations in complex civil litigation. The Bunyan Hammer mercial litigation with a firm is located at 1500 Marquis Two Tower, 285 focus on professional liability and real estate mat- Peachtree Center Ave. NE, Atlanta, GA 30303; 404- ters. Hammer specializes in general liability litiga- 523-5300; Fax 404-522-8409; www.phrd.com. tion. The firm is located at 191 Peachtree St. NE, Suite 3600, Atlanta, GA 30303; 404-522-8220; Fax > Constangy, Brooks & Smith, LLP, 404-523-2345; www.carlockcopeland.com. welcomed Jason Burk as an associate. He has focused his practice on work- > Stanton Law LLC announced that ers’ compensation defense for more Elizabeth Leyda joined the firm as an than five years. The firm is located at associate. Leyda focuses her practice 230 Peachtree St. NW, Suite 2400, advising employers in all aspects of Atlanta, GA 30303; 404-525-8622; Fax 404-525- the employer-employee relationship. 6955; www.constangy.com. The firm is located at 1579 Monroe Drive, Suite F206, Atlanta, GA 30324; 404-881- > Stites & Harbison, PLLC, announced 1288; www.stantonlawllc.com. that Eric J. Breithaupt joined the firm’s Atlanta office as a member of the credi- > Miller & Martin PLLC tors’ rights and bankruptcy service announced that Ashley A. group. His practice focuses on bank- Halfman was promoted to ruptcy and commercial litigation. The member. Halfman advises firm is located at 2800 SunTrust Plaza, 303 Peachtree clients regarding formation, St. NE, Atlanta, GA 30308; 404-739-8800; Fax: 404- structuring and manage- 739-8870; www.stites.com. Taylor Halfman ment of business entities including corporations, limited liability companies > Schiff Hardin LLP announced that John C. Amabile and partnerships. Megan A. Taylor joined the firm joined the office as counsel in the litigation group. as an associate in the litigation department. Taylor Amabile, formerly with Pursley Lowery Meeks LLP represents clients in complex civil litigation. The in Atlanta, is an experienced commercial litigator firm is located at 1170 Peachtree St. NE, Suite 800, who assists companies from a variety of industries Atlanta, GA 30309; 404-962-6100; Fax 404-962-6300; in achieving optimal dispute resolutions. The firm www.millermartin.com. is located at 1201 W. Peachtree St. NW, Suite 2300, Atlanta, GA 30309; 404-437-7000; Fax 404-437-7100; > FordHarrison LLP announced the addition of F. www.schiffhardin.com. Carlton King Jr. as of counsel. King was formerly a partner at FordHarrison and managed its litigation practice for seven years, before forming his own firm in 1994. The firm is located at 271 17th St. NW,

42 Georgia Bar Journal Bench & Bar

> tion, trial and appeal of serious injury and wrongful death damages cases. The firm is located at Perimeter Ridge, 750 Hammond Drive, Building 12, Suite 200, Atlanta, GA 30328; 404-843-1009; Fax 404-843-2009; www.neal-law.com.

Nagy Cancelo Kowalzyk Loya > Hall Booth Smith, P.C., Nelson Mullins Riley & announced that Jo A. Jagor Scarborough LLP announced and Kevin D. Abernethy that Aileen Nagy, Noshay were named partners of Collins Cancelo, Brandee the firm. Jagor’s insurance Kowalzyk, Sarah Loya and defense practice is primari- Jagor Abernethy Steve Park were promoted ly devoted to the defense of Park Starcher to partnership and Byron a variety of medical specialties including all types Starcher was promoted to of counsel. Nagy prac- of physicians, dentists, nurses, optometrists, phar- tices in the areas of corporate, financial services, macists, psychologists and professional engineers. financial institutions and securities law. Cancelo Abernethy’s litigation practice concentrates on high focuses her practice on representing domestic and exposure cases. The firm is located at 191 Peachtree international clients in arbitration proceedings. St. NE, Suite 2900, Atlanta, GA 30303; 404-954-5000; Kowalzyk practices in the areas of pharmaceutical Fax 404-954-5020; www.hallboothsmith.com. and medical device defense, commercial litigation, aviation and product liability. Loya practices gen- > Balch & Bingham LLP eral corporate law. Park practices in the areas of announced that Walter E. finance, corporate and securities law. Starcher prac- Jones and M. Anne tices in the areas of bankruptcy and creditors’ Kaufold-Wiggins were rights. The firm is located at 201 17th St. NW, Suite named partners with the 1700, Atlanta, GA 30363; 404-322-6000; Fax 404-322- firm. Jones’ practice focuses Jones Kaufold-Wiggins 6050; www.nelsonmullins.com. on the representation of financial institutions and other creditors in bank- > Joseph R. Neal Jr., principal and founder of Neal ruptcy cases (all chapters), adversary proceedings Law, announces the opening of his Atlanta law and varying types of litigation. Kaufold-Wiggins’ office. Neal Law is a comprehensive plaintiff’s practice consists of trial and appellate matters, personal injury law firm concentrating in the litiga- including products liability and casualty litigation, How to Place an Announcement in the Bench & Bar column If you are a member of the State Bar of Georgia and WANT TO you have moved, been promoted, hired an associate, taken on a partner or received a promotion or award, we would like to hear from you. Talks, speeches (unless they are of national stature), CLE presentations SEE YOUR and political announcements are not accepted. In addition, the Georgia Bar Journal will not print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers, Chambers USA, Who’s NAME IN Who, etc.). Notices are printed at no cost, must be submitted in writing and are subject to editing. Items are printed as space is available. News releases regarding lawyers who are not members in good standing of the State Bar of Georgia will not be printed. For more information, please contact Stephanie Wilson, PRINT? 404-527-8792 or [email protected].

April 2013 43 Bench & Bar

land use matters, commercial litigation and medical firm is located at One Atlantic Center, Suite 2300, malpractice defense. The firm is located at 30 Ivan 1201 W. Peachtree St. NW, Atlanta, GA 30309; 404- Allen Jr. Blvd. NW, Suite 700, Atlanta, GA 30308; 437-7000; Fax 404-437-7100; www.schiffhardin.com. 404-261-6020; Fax 404-261-3656; www.balch.com. > Davis, Matthews > & Quigley, P.C., announced that Matthew R. Thiry was promoted to share- Thiry Wilson Strong holder with the Burroughs Keene Paulk Von Schuch firm, and J. Chase Wilson and Hayley S. Strong Robert A. Burroughs, Kirk W. Keene, Alan Paulk joined the firm as associates. Thiry practices in the Jr. and Benjamin Von Schuch announced the open- area of business and commercial litigation. Wilson ing of Burroughs, Keene, Paulk, & Von Schuch, practices in the firm’s domestic relations and family LLC. The firm practices in the areas of small busi- law section. Strong practices in the firm’s estate plan- ness law, family law, real estate and tenant/land- ning and probate, corporate law and taxation sec- lord law, bankruptcy, trial and litigation and crimi- tions. The firm is located at 3400 Peachtree Road NE, nal defense. The firm, which also has an office in Suite 1400, Atlanta, GA 30326; 404-261-3900; Fax 404- Lithonia, is located at 2900 Paces Ferry Road SE, 261-0159; www.dmqlaw.com. Building C-2000, Atlanta, GA 30339; 770-432-2100; Fax 770-432-9561; www.bkpvlaw.com. > James Bates Brannan Groover LLP announced that Heather D. Hestley > Morris, Manning & Martin, joined the firm as of counsel. Hestley LLP, announced the addi- practices in the areas of corporate law, tion of Anthony Boggs and business law, real estate law and gov- Gerald V. Thomas II as ernment guaranteed lending (SBA, partners with the firm. USDA). The firm is located at 3399 Peachtree Road Boggs, who was previously NE, Suite 1700, Atlanta, GA 30326; 404-997-6020; Boggs Thomas a partner in Bryan Cave’s Fax 404-997-6021; www.jamesbatesllp.com. Atlanta office, provides tax-related legal services to all the firm’s key practice areas, including real > JAMS announced the addition of Hon. estate, real estate capital markets, international Brenda Hill Cole to its panel. Cole trade, corporate mergers and acquisitions, and tech- serves as an arbitrator, mediator and nology. Thomas works in the tax, corporate, funds special master in a variety of disputes and alternative investments, mergers and acquisi- including business/commercial, class tions, and real estate capital markets practices. The action/mass torts, employment, envi- firm is located at 1600 Atlanta Financial Center, ronmental, personal injury/torts and professional 3343 Peachtree Road NE, Atlanta, GA 30326; 404- liability. The JAMS Atlanta Resolution Center is 233-7000; Fax 404-365-9532; www.mmmlaw.com. located at One Atlantic Center, 1201 W. Peachtree St. NW, Suite 2650, Atlanta, GA 30309; 404-588- > Littler Mendelson, P.C., elevated 0900; Fax 404-588-0905; www.jamsadr.com. Wesley E. Stockard to shareholder. Stockard advises, represents and trains > Sherman & Howard LLC announced management clients on a variety of that John F. Wymer III joined the firm labor and employment matters. The as a member. He concentrates his prac- firm is located at 3344 Peachtree Road tice in the areas of labor law, employ- NE, Suite 1500, Atlanta, GA 30326; 404-233-0330; ment litigation, wage and hour, wrong- Fax 404-233-2361; www.littler.com. ful discharge, and advice, counsel and training. The firm is located at 3399 Peachtree Road > Schiff Hardin LLP announced that Crystal L. NE, Suite 470, Atlanta, GA 30326; 404-567-4415; Fax Conway joined the office as an attorney in the litiga- 404-567-4416; www.shermanhoward.com. tion group. Conway, formerly the staff attorney for the Fulton County Juvenile Court, focuses her practice in appellate work and corporate compliance. The

44 Georgia Bar Journal Bench & Bar

Fulton County Law Week Committee’s “Future Leaders of America” Project Patrick G. Longhi with the “Future Leaders of America” representative of each sponsor to its winning scholarship re- program, part of the Fulton County Law Week Committee cipient at the committee’s annual awards ceremony on May of local bars and the Fulton County courts chaired by Fulton 3, 2013, at the Fulton County Juvenile Court in Atlanta. The Superior Court Judge Gail S. Tusan, invites law firms and $1,600 scholarship includes the student’s airfare, room and others for pledges to sponsor scholarships for worthy high board, tuition and transportation in and around Washington. school students to study national government and politics Joint sponsorships are possible for scholarships that would this summer in Washington, D.C. The scholarships will be in be in the names of both sponsors. For additional information the names of the sponsors, payable directly to Washington or questions, please call 404-256-1600 or email longhilaw@ Workshops, a 501 (c)(3) foundation, and presented by a comcast.net at your earliest convenience.

> Nall & Miller, LLP, announced that companies. Haber joins the firm as senior counsel Clinton F. Fletcher was named part- and is a corporate lawyer focused on financial ner. Fletcher practices in the areas of institutions with a national practice centered on products liability, aviation, premises commercial transactions and bankruptcy law. The liability, motor carrier and business firm is located at 3414 Peachtree Road NE, Suite litigation. The firm is located at 235 1600, Atlanta, GA 30326; 404-577-6000; Fax 404- Peachtree St. NE, Suite 1500, North Tower, 221-6501; www.bakerdonelson.com. Atlanta, GA 30303; 404-522-2200; Fax 404-522- 2208; www.nallmiller.com. > Sheley & Hall, P.C., announced that the firm’s name changed to Sheley, Hall & > Warshauer Law Group, P.C., Williams, P.C., with the addition announced that Darl H. Champion Jr. of David Williams as a part- was promoted to a partner of the firm. ner. Williams’ practice focuses primari- His personal injury practice is primarily ly on transactional real estate with an focused on cases involving automobile emphasis on private equity joint ventures. The firm and trucking accidents, defective prod- is located at 303 Peachtree St. NW, Suite 4440, ucts, medical malpractice and FELA claims. The Atlanta, GA 30308; 404-880-1350; Fax 404-880-1351; firm is located at is located at 3350 Riverwood www.sheleyhall.com. Parkway, Suite 2000, Atlanta, GA 30339; 404-892- 4900; Fax 404-892-1020; www.warlawgroup.com. > Gardner Groff Greenwald & Villanueva PC announced that Clark > Charles N. Pursley Jr., Stephanie Friese Aron and A. D. Wilson was elected partner. Christian F. Torgrimson announced the formation Wilson concentrates his practice in pat- of Pursley Friese Torgrimson. The firm specializes ent and trademark prosecution and in real estate transactions and litigation, including opinion counseling, particularly for acquisition and sale of property services, condem- medical and mechanical device clients. The firm is nation and eminent domain, corporate real estate located at 2018 Powers Ferry Road, Suite 800, services, leasing negotiation and agreements, lend- Atlanta, GA 30339; 770-984-2300; Fax 770-984-0098; ing institution services for real estate financing, real www.gardnergroff.com. property disputes and litigation, transportation, and workouts and foreclosures. The firm is located at > Bryan Cave LLP Promenade II, Suite 1200, 1230 Peachtree St. NE, announced that Atlanta, GA 30309; 404-876-4880; www.pftlegal.com. Mica Germain, Rebekah > Baker, Donelson, Bearman, Caldwell & McCorvey and Berkowitz, PC, announced that Joseph R. Delgado Jessica Wood Germain McCorvey Wood Jr. and Michael S. Haber joined as members of the joined as associ- firm’s business department. Delgado, who joins as ates. Germain joined the firm’s real estate client ser- a shareholder, represents clients in all aspects of vice group. McCorvey works in the firm’s corporate corporate and partnership law and handles a vari- finance and securities client service group. Wood ety of securities issues for both public and private joined the firm’s banking, business and public

April 2013 45 Bench & Bar

finance client service group. The firm is located at In Brunswick One Atlantic Center, 14th Floor, 1201 W. Peachtree > HunterMaclean announced that Will St. NW, Atlanta, GA 30309; 404-572-6600; Fax 404- Gallagher joined the firm as an associ- 572-6999; www.bryancave.com. ate with the corporate and tax practice group, with a focus on estates and > Jana Lauren Harris, formerly of Garland, Samuel trusts. The firm is located at 777 & Loeb, P.C., announced the opening of her private Gloucester St., Suite 400, Brunswick, practice of law, Jana Lauren Harris, LLC. The firm GA 31520; 912-262-5996; Fax 912-279-0586; is located at 3151 Maple Drive NE, Atlanta, GA www.huntermaclean.com. 30305; 404-365-4902. In Columbus In Albany > Don Morgan, P.C., announced that > Jennifer A. Curry joined the firm as an associate. Curry concentrates her practice in areas of trademark registration, business law and commercial litigation. The firm is located at 18 Ninth St., Suite 401, Columbus, GA 31901; 706-221-5286; Fax 706- Lee Durham Orlowski Brock 221-5066; www.donmorganpc.com. Partners Donald W. Lee, Joseph P. Durham Jr., David W. Orlowski and Lauren M. Brock In Gainesville announced the new name of their firm, Lee Durham, > Stow, Garvin & Glenn announced their reloca- LLC. The firm, founded in October 1990, was for- tion to the historic J. Carter house in Gainesville. merly known as Langley & Lee, LLC. In 2012, upon The firm specializes in the areas of workers’ the departure of one of its founders, the firm compensation, social security disability, personal changed its corporate name becoming Lee Durham, injury and mediation. The firm is now located at LLC. The firm is dedicated to continuing the tradi- 657 Main St. SW, Gainesville, GA 30501; 770-534- tion of excellent service to its clients and the com- 5265; Fax 770-534-5266. munity, specializing in health care law, medical malpractice, general trial practice, banking, corpo- In Macon rate law and real estate. The firm is located at 1604 > The Superior Court Clerk’s Office of W. Third Ave., Albany, GA 31707; 229-431-3036; Fax Bibb County announced the appoint- 229-431-2249; www.leedurham.com. ment of Stephanie Woods Miller to the position of chief deputy clerk. Miller In Alpharetta comes to the position after a career in > Meriwether & Tharp, LLC, a divorce and domestic private practice specializing in civil liti- litigation firm, announced that Catherine Knight gation and business development. The clerk’s office Danz, formerly of Boyd Collar and Knight, joined is located at 601 Mulberry St., Room 216, Macon, GA the firm as a senior associate and team leader, 31201; 478-621-6527; Fax 478-621-6033; www.co.bibb. and Amy Latrese Martin joined the firm as an ga.us/superiorcourtclerk/superiorcourtclerk.aspx. associate. The firm is located at 11475 Great Oaks Way, Suite 125, Alpharetta, GA 30022; 678-879- In Marietta 9000; www.mtlawoffice.com. > Justin O’Dell and Leslie O’Neal announced the In Augusta opening of O’Dell & O’Neal > Moses Law Group announced that Attorneys. The firm focuses Courtney L. Bodie joined the firm as an their practice in the areas associate. She practices in the areas of of civil litigation, family/ O’Dell O’Neal business law, probate and estate mat- domestic law, personal inju- ters and intellectual property. The firm ry and probate law. The firm is located at 506 is located at 6 George C. Wilson Ct., Roswell St., Suite 210, Marietta, GA 30060; 770-405- Augusta, GA 30909; 706-860-8030; Fax 855-529-4899; 0164; www.odelloneal.com. www.moseslawgroup.com.

46 Georgia Bar Journal Bench & Bar

Fulton County Launches Veterans Court by Hon. Todd Markle On Nov. 11, 2012, the Superior Court of Fulton County announced the receipt of a $750,000 grant from the Substance Abuse and Mental Health Services Administration to fund and establish a Veterans Court for the residents of Fulton County. The Veterans Expanded Treatment Service (VETS) Program will be a component of the Accountability Court. Fulton County has a long history with such problem-solving courts. Begun in 1997, the drug court in Fulton County is one of Georgia’s old- est. In 2006, the court added a behavioral health division. Judge Doris Downs and Judge Bensonetta Tipton Lane ably lead these two courts that seek to make a difference in the lives of non-violent offenders who are otherwise plagued by substance abuse and mental illness. Through the VETS initiative, the Accountability Court will enhance the treatment alternatives for veterans who have entered the criminal justice system as a result of substance abuse and deteriorating mental health. Eligible veterans will be identified through evidence-based screening and assessments. Rather than proceeding through the traditional court system, they will be diverted into a non-adversarial program that has as its goal the restoration of the health of the defendant/of- fender. They will voluntarily participate in a judicially supervised treatment plan that will be developed by the court, health care professionals and peer mentors from local veteran groups. The court will actively manage and supervise the participants to ensure compliance and successful completion of the program through graduated sanctions in lieu of more traditional punishment. The VETS initiative will also collaborate with the U.S. Department of Veterans Affairs health care networks, the Veterans Benefits Administration and other veterans’ family support organizations. Accountability courts work. A 2010 statewide audit of Georgia’s drug courts found that they reduce recidivism with much less expense. In fact, such courts are often underutilized in jurisdictions where they exist but remain unavailable to many Georgia residents. The experience of Fulton County is similar; that is, drug courts appear to have a dramatic impact in the reduction of crime at a much reduced cost. Fulton County is home to an ever increasing number of returning veterans. Perhaps because of the stress endemic to their past service, many will succumb to alcohol and drug dependency, leading to unemployment, homelessness and worse. There is a need in our community for such a court and we are grateful to receive the grant to allow the establishment of such a program. By offering treatment alternatives specifically tailored to veterans rather than merely incarceration and punishment, we hope to return these offenders to a more productive, law-abiding lifestyle. It is the least we can do for those who have given so much for their country.

> Dana Tucker Davis announced the In Savannah opening of Tucker Davis Law, LLC. > HunterMaclean announced that Davis, previously an associate of Nicholas J. Laybourn was named a Weinstock & Scavo, P.C., and Taylor partner with the firm. His practice areas English Duma LLC, focuses her prac- include medical malpractice, business tice on homeowner association law, litigation, transportation law and prod- community association law, creditors’ rights, busi- ucts liability. The firm is located at 200 ness disputes, restaurant management law and E. Saint Julian St., Savannah, GA 31401; 912-236- debt collection. The firm is located at 2470 Windy 0261; Fax 912-236-4936; www.huntermaclean.com. Hill Road, Suite 327, Marietta, GA 30067; 770-618- 3016; www.tuckerdavislaw.com. In Thomasville > Whelchel & Carlton, LLP, announced that Kyle In Martinez T. Swann joined the firm as an associate. The > Warlick, Tritt, Stebbins & Murray, LLP, announced firm is located at 203 E. Washington St., that Jennifer T. Kerr joined the firm. She practices Thomasville, GA 31792; 229-228-4333; Fax 229-226- in the areas of real estate, wills, trusts and probate, 9170; www.wcgalaw.com. and business law. The firm is located at 119 Davis Road, Martinez, GA 30907; 706-860-7595; Fax 706- 860-7597; www.wtsmlaw.com.

April 2013 47 STOP HERE’S YOUR CHANCE! Your Bar Dues Statement Is Coming To You Soon. When you open your envelope go to LINE E to support the Georgia Legal Services Program with your pledge to be paid later, or your add-on gift! You will help low-income Georgians in 154 counties outside metro-Atlanta with critical civil legal needs. Join the State Bar of Georgia and Georgia Legal Services in fulfilling our nation’s promise of justice for all. Or, make your gift today! Go to www.glsp.org (click on Donate Now).

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Supporting GLSP is not about charity. Supporting GLSP is about supporting justice for all.

The Georgia Legal Services Program (GLSP) is a 501(c)(3) nonprofit law firm. Gifts to GLSP are tax-deductible to the fullest extent allowed by law.

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In Valdosta ness and securities litigation working with clients > Young, Thagard, Hoffman, in the financial products, broker-dealer and bank- Smith, Lawrence & Shenton, ing industries. The firm is located at 1700 Riverview LLP, announced that Leslie Tower, 900 S. Gay St., Knoxville, TN 37902; 865- Kennerly and Brian J. Miller 521-6200; Fax 865-521-6234; www.bassberry.com. were named partners in the firm. They will continue their In Opelika, Ala. Kennerly Miller practice of civil defense litiga- > Constangy, Brooks & Smith, LLP, wel- tion throughout South Georgia. The firm is located at comed attorney Thomas Eden as a 801 Northwood Park Drive, Valdosta, GA 31604; 229- partner. Eden concentrates his practice 242-2520; Fax 229-242-5040; www.youngthagard.com. in a full range of labor and employment law litigation defense and management > Coleman Talley LLP counseling as well as immigration com- announced that L. Lake pliance and training. The firm is located at 3120-D Jordan and C. Hansell Frederick Road, Opelika, AL 36801; 334-246-2900; Watt IV were promoted to Fax 334-521-7017; www.constangy.com. partners of the firm. Jordan’s practice focuses In Washington, D.C. Jordan Watt on real estate, corporate > Venable LLP announced that Sarah transactions, including mergers and acquisitions, Moore Johnson was elected partner. business planning, entity formations, corporate Johnson practices in the tax and wealth governance and state and federal trademark mat- planning group with a focus on estate ters. Watt’s practice focuses in the areas of insur- planning for high net worth clients. The ance defense, tort liability, professional negligence firm is located at 575 7th St. NW, and malpractice, local government and municipal Washington, DC 20004; 202-344-4000; Fax 202-344- law. The firm is located at 910 N. Patterson St., 8300; www.venable.com. Valdosta, GA 31601; 229-242-7562; Fax 229-333- 0885; www.colemantalley.com. In West Palm Beach, Fla. > Ford & Harrison LLP merged with Christine In Beverly Hills, Calif. D. Hanley & Associates. The firm is located at > Kilpatrick Townsend & Stockton LLP 1450 Centrepark Blvd., Suite 325, West Palm announced the opening of a new office. The firm Beach, FL 33401; 561-345-7500; Fax 561-345- is located at 9720 Wilshire Blvd. PH, Beverly 7501; www.fordharrison.com. Hills, CA 90212; 310-248-3830; Fax 310-860-0363; www.kilpatricktownsend.com. In Chicago, Ill. > John A. Thorner is the new executive director/CEO of the 38,000-member Academy of General Dentistry (AGD). Thorner previously served as execu- INVESTIGATIONS BUSINESS NEEDS tive vice president of the American Society of Anesthesiologists and as founding president of the Anesthesia Quality Institute, an organization dedicated to compiling patient safety data. The AGD is located at 211 E. Chicago Ave., Suite 900, Chicago, IL 60611; 888-

243-3368; Fax 312-335-3443; www.agd.org. REAL ESTATE TECHNOLOGY

In Knoxville, Tenn. Locate vendors by name Bass, Berry & Sims PLC announced or the service they provide. > If you have any questions regarding the that Shayne R. Clinton, a former asso- Vendor Directory, please contact ciate in the firm’s Knoxville office, was Sheila Baldwin at [email protected] or 404-526-8618.

elected to membership in the firm. Online Vendor DIRECTORY Clinton focuses his practice on busi-

April 2013 49 Office of the General Counsel

Make Me an Offer by Paula Frederick

“ igCo would love to get this resolved,” you

tell opposing counsel, “but the highest we B can go is $10,000. It’s a fair offer, and you don’t want to try this one—juries in Tightwad County are notoriously stingy.”

“That’s just because they’ve never seen a plaintiff as sympathetic as my client! She’ll have them eating out of her hand,” opposing counsel predicts. “I tell you what—I’ll talk to her, but you know it’ll take $20,000 to fully compensate her.” “We’re not prepared to go that high,” you counter as you and your associate pack up and leave the conference room. “Get back to me when you hear from your client.” Your associate trots to keep up as you head for the car. “Didn’t BigCo authorize us to offer up to 20?” she asks. So—an estimate of what the client might accept by “Yep,” you respond. way of settlement is not a statement of material fact. “So that was all a big lie?” your associate wonders. On the other hand, disciplinary case law makes it clear “No!” you exclaim, shocked and indignant. “That’s that a lawyer may not negotiate and settle a case with- just negotiating! Everybody does it!” out revealing that her client has died or misrepresent Really? How much creative license may a lawyer the amount of insurance coverage available. (See cases take during negotiations? cited in ABA Formal Opinion 06-439.) Obviously Bar Rules prohibit a lawyer from engaging And while the rules give a lawyer leeway to engage in dishonest conduct. On the other hand, negotiation is in “puffing” during negotiations with an opposing a process that involves give and take. It would not work party, there is no tolerance for being less than honest if each party confessed its bottom line and stood firm. with a judge—even when the judge is monitoring pre- The Rules of Professional Conduct try to strike a bal- trial negotiations. ance between the need to recognize the nature of nego- Honesty is still the best policy. When involved tiation while not sanctioning less-than-honest conduct. in negotiation, however, you might want to hedge Rule 4.1 distinguishes posturing in negotiation from your bets. “false statements of material fact,” which are prohib- ited under the rule. Comment 2 provides that “under Paula Frederick is the general counsel for generally accepted conventions in negotiation, certain the State Bar of Georgia and can be types of statements ordinarily are not taken as state- reached at [email protected]. ments of material fact.” It further states “. . . a party’s intentions as to an acceptable settlement of a claim are in this category . . . .”

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Discipline Summaries (January 5, 2013 - February 13, 2013)

by Connie P. Henry

Voluntary Surrender/Disbarments misrepresentations to those clients about the status Benjamin Christopher Free of their funds. Winder, Ga. Admitted to Bar in 1995 Suspensions On Jan. 22, 2013, the Supreme Court of Georgia Tony C. Jones disbarred attorney Benjamin Christopher Free (State Albany, Ga. Bar No. 275160). The following facts are admitted Admitted to Bar in 1984 by default: Free abandoned the legal matters of On Oct. 3, 2011, the Supreme Court of Georgia sus- five clients, including dismissing two actions with- pended attorney Tony C. Jones (State Bar No. 403935) out prejudice and without notifying his clients. He from the practice of law in Georgia for a period of 18 repeatedly failed to respond to his clients’ inquiries months with a condition for reinstatement. On Jan. and misrepresented his actions when he did commu- 7, 2013, the Supreme Court suspended Jones for an nicate with them. One client obtained a fee arbitra- additional six months, for a total of 24 months with tion award that Free has failed to pay. Additionally, conditions, effective as of Oct. 3, 2011. Jones filed Free failed to file sworn responses to the Notices of a petition for voluntary discipline to resolve three Investigation, and in the unsworn responses he did pending grievances. file, he lied or misrepresented the facts regarding Jones was paid $2,500 in a domestic relations mat- the status of several of his clients’ legal matters. In ter, but failed to communicate with his client and aggravation of discipline the Investigative Panel ultimately abandoned the matter to the client’s detri- found that Free acted willfully and dishonestly in ment. In a federal criminal matter, he failed to file a multiple cases and that he received a Review Panel notice of appeal or transcript order form as directed reprimand in 2011 for similar conduct. by the 11th Circuit Court of Appeals and did not respond to a show cause order regarding his dilatory David Alan Friedman conduct in handling the appeal. In the third matter he Louisville, Ky. was paid $1,200 to represent a client in obtaining title Admitted to Bar in 1977 to property that she was awarded in her divorce; as a On Jan. 22, 2013, the Supreme Court of Georgia result, he traveled to Randolph County to review the disbarred attorney David Alan Friedman (State Bar divorce file and land records, communicated with his No. 277550). The Supreme Court of Kentucky perma- client and obtained a hearing date. After the client’s nently disbarred Friedman for failure to account for, ex-husband provided documents showing that he or distribute to his clients, tens of thousands of dol- had conveyed the property to the client as required, lars that they were entitled to receive, and repeated Jones canceled the hearing and notified his client that

52 Georgia Bar Journal the deed records showed that she The following Discipline Summaries were inadvertently left out of the February 2013, owned the property. Volume 18, Issue 5, Georgia Bar Journal. Jones’s reinstatement is condi- tioned on return of $2,500 to his Voluntary Surrender/Disbarments domestic relations client, participa- (Oct. 20, 2012 through Jan. 4, 2013) tion in fee arbitration regarding the Patrick Jeffery Stubbs $1,200 fee and certification from Decatur, Ga. a licensed psychiatrist or clinical Admitted to Bar in 2002 psychologist to the Bar’s Office of On Oct. 29, 2012, the Supreme Court of Georgia disbarred attorney Patrick the General Counsel of his fitness Jeffery Stubbs (State Bar No. 689747). The following facts are deemed admitted by to practice law. default: During 2010 and 2011, Stubbs filed and pursued a civil action on behalf of a client when he knew that his license to practice law had been suspended. On June George D. Houser 3, 2011, opposing counsel notified the court and Stubbs failed to appear at a hearing Smyrna, Ga. on June 6. Shortly thereafter, Stubbs filed a dismissal of the case, without prejudice. Admitted to Bar in 1976 In aggravation, the Investigative Panel considered that Stubbs failed to On Jan. 22, 2013, the Supreme cooperate with the Investigative Panel; that his actions were willful; that a formal Court of Georgia accepted the complaint involving similar misconduct in 2009 is currently pending against petition for voluntary discipline Stubbs; and that Stubbs received an Investigative Panel reprimand in 2008. of George D. Houser (State Bar No. 369225) and ordered that he Joseph Seth Shaw be suspended from the practice of Atlanta, Ga. law pending appeal of his felony Admitted to Bar in 1994 convictions on one count of con- On Nov. 19, 2012, the Supreme Court of Georgia disbarred attorney Joseph Seth spiracy to commit federal health Shaw (State Bar No. 638599). The following facts are deemed admitted by default: care fraud, eight counts of failure to A client paid Shaw $1,500 to defend him in a DUI case. Shaw appeared at the initial account for and pay employee pay- court appearance where the case was bound over to state court. When the client roll taxes, and two counts of failure received notice of the next court date, he could not locate Shaw. Ultimately, the to file personal income taxes. client appeared in court without counsel and the court continued the matter. Shaw did nothing further in the case and did not refund any of the unearned fee. Cassandre M. Galette The State Bar noted in aggravation of discipline that Shaw failed to respond to Decatur, Ga. the Notice of Investigation and that this would be the third instance of discipline. Admitted to Bar in 2005 On Jan. 22, 2013, the Supreme Court of Georgia granted the request ney Benjamin Lanier Bagwell (State of Cassandre M. Galette (State Bar Bar No. 031480), to the practice No. 920625) to suspend her license of law. to practice law pending the outcome of criminal charges against Interim Suspensions her in the Superior Court of Fulton Under State Bar Disciplinary County for allegedly impersonating Rule 4-204.3(d), a lawyer who another in the course of action and receives a Notice of Investigation of violation of oath by public officer. and fails to file an adequate response with the Investigative Reinstatements Granted Panel may be suspended from the Morris P. Fair Jr. practice of law until an adequate Atlanta, Ga. response is filed. Since Jan. 4, 2013, Admitted to Bar 2000 one lawyer has been suspended for On Jan. 7, 2013, the Supreme violating this Rule and none have Court of Georgia reinstated attor- been reinstated. ney Morris P. Fair Jr. (State Bar No. 581019), to the practice of law nunc Connie P. Henry is the pro tunc to Oct. 3, 2012. clerk of the State Disciplinary Board and Benjamin Lanier Bagwell can be reached at Cumming, Ga. [email protected]. Admitted to Bar 1992 On Jan. 22, 2013, the Supreme Court of Georgia reinstated attor-

April 2013 53 Law Practice Management

Accepting the Chair Position for ABA TECHSHOW 2014 by Natalie R. Kelly

uring my 17 years with the State Bar, I

have had the honor of managing many D different jobs that assist our members with their daily office lives. I have likewise had the privilege of working on a national level at the

American Bar Association with additional programs impacting law office management. One of the most exciting achievements from our national level of participation has come to fruition for the Law Practice

Management Program as I become the chair of ABA

TECHSHOW 2014.

So what does this have to do with State Bar of Georgia lawyers? A whole lot! We want to make sure that our members are receiving top-notch access to legal technology information, products and services; and being a leader charged with helping organize one of the leading legal technology conferences in the world is just a starting place for us to help bring this goal about locally. We have been able to secure national speakers on cutting edge legal technology topics, and boast of the in-state relationships we’ve The products and services that we have been exposed developed with some of the top legal technology con- to at ABA TECHSHOW over the years have allowed us sultants in the nation who reside right here in Georgia. to develop invaluable insight into the legal technology

54 Georgia Bar Journal review and selection process for hundreds of firms. Why is legal technology so important? It’s important because it provides members tools to assist them in more efficiently operating firms and legal departments. Technology is that hammer in getting the job of providing legal services done. So, whether members are self-proclaimed techno-dinosaurs or always showing us tips and tricks from the bleeding edge of technology, we know that mastering the know-how of law office technology tools can greatly impact the effectiveness of any legal practice. Why should ABA TECHSHOW be on your radar, and hopefully your calendar, for next year? Because not only do I selfishly want my own cheering section from Georgia in Chicago from March 27-29, but I’d love to have more involvement from State Bar of Georgia members when it comes to the discussion of what tools should be used by lawyers, and what and how legal needs can be met by lawyers using technology. This information and more can come out of the conference. What happens at the ABA TECHSHOW? It is a three-day conference with several hundred legal technology vendors and more than 60 different CLE sessions from top legal technology experts from around the world. A riveting keynote is another highlight. For instance, David Pogue of the New York Times is the keynote presenter for 2013. (Ask me how I got Ben Stein as the keynote for TECHSHOW 2012 the next time you see me.) Daily networking and social activities are packed into the conference, and you are guaranteed to return knowing more than you ever had about legal technology and its serious impact on our profession generally, and your office or department, specifically. Some of the greatest tricks and tips are fired off each day, and this is the place if you want to learn about cloud computing, Mac usage in the law office, solo and small firm technology, litigation technology and a whole lot more. So, I humbly accept my role as chair of ABA TECHSHOW 2014 knowing that the members of the State Bar of Georgia are serious about their role in the advancement of legal technology alongside the practice of law. And more importantly, I am confident of a reply when I ask that you help me during my year as chair by providing feedback and guidance in your and other lawyers’ conversa- tions about technology and the practice of law here in Georgia. I hope to see you in Chicago for ABA TECHSHOW next year!

Natalie R. Kelly is the director of the State Bar of Georgia’s Law Practice Management Program and can be reached at [email protected].

April 2013 55 Section News

Intellectual Property Law Section Hosts Gala Honoring Federal Judges

by Derrick W. Stanley

n March 1, the Intellectual Property

Law Section held the Inaugural Georgia O Intellectual Property Summit Dinner Gala honoring members of the judiciary following the

CLE “Judges’ Panel,” co-sponsored with ICLE. Both events were held at the High Museum of Art.

The afternoon started with the mock trial argument Wart-Hog Wands, Inc. v. T. Fiddle, Inc., Case No. 11-11315, Appeal, from the fictional District of Little Whining, in the fictional 15th Circuit. The panel included: Virginia Carron, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, moderator; Mike Morin, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, arguing on behalf of the appellant; Adam Conrad, King & Spalding, arguing on behalf of appellee; Hon. Raymond C. Clevenger III, U.S. Court of Appeals for the Federal Circuit, presiding; Hon. Sharon Prost, U.S. Court of Appeals for the Federal Circuit, presiding; and Hon. Stanley F. Birch Jr. (Ret.), U.S. Circuit Judge on the 11th Circuit Court of Appeals, presiding.

The case presented involved an appeal to the U.S. Photos by Philip Burrus Court of Appeals for the Federal Circuit from the District of Little Whining. The case laid out two prima- Patent No. 9,876,543 (the ’543 patent). After conducting ry issues: (1) declaratory judgment jurisdiction; and (2) limited discovery on the declaratory judgment issue, induced infringement. The appeal arises from a declara- Wands filed a motion to dismiss the declaratory judg- tory judgment suit filed by T. Fiddle, Inc. (Fiddle) against ment complaint. This motion to dismiss was denied. Wart-Hog Wands, Inc. (Wands). Fiddle sought declara- Wands then filed a cross-complaint/counterclaim alleg- tory judgment that it does not infringe claim 1 of U.S. ing that Fiddle was liable for induced infringement

56 Georgia Bar Journal of the ‘543 patent. After further discovery, the court granted summary judgment in favor of Fiddle on the induced infringement issue. Since Fiddle had not challenged the invalidity of the ‘543 patent, and because the parties stipulated that Fiddle does not directly infringe the ‘543 patent, the case was ripe for appeal. Wands appeals the district court’s order denying its motion to dismiss Fiddle’s declaratory judgment action, and appeals the district court’s order granting Fiddle’s summary judgment motion on the issue of induced infringement. The panel was a huge success and ended in time for a cocktail The judges’ panel argues a mock case in the Hill Auditorium. reception where attendees could mingle and discuss the outcome. There was also an opportunity to enjoy a private viewing of “Frida & Diego: Passion, Politics, and Painting.” This major exhibition of work by Frida Kahlo and Diego Rivera, features some of the best examples of art from two central figures of Mexican modernism. After the cocktail reception and gallery tour, a seated dinner was served and each federal judge in attendance was acknowledged and thanked for making this event possible through their participation. As dinner wound down, the crowd was entertained by the Julian The Julian Lage Trio perform a sound check assisted by Chair Philip Burrus. Lage Trio, consisting of Grammy- nominated virtuoso guitarist Julian Lage, percussionist Tupac Mantilla and bassist Jorge Roeder. THANK YOU With more than 190 in attendance, the evening was a success. The gala is just one example of how sections Sponsors Attending Judges give back to their members by producing quality programming that Platinum Hon. Sharon Prost includes networking with peers, Finnegan Hon. Julie E. Carnes judges, students and celebrities. To King & Spalding Hon. Raymond Clevenger join a section, simply log in to your Hon. J. Clay Fuller account at www.gabar.org and click Gold Hon. Charles Pannell the “Join a Section” link. Atlanta IP Inn of Court Hon. Beverly Martin Ballard Spahr LLP Hon. Amy Totenberg Derrick W. Stanley is Merchant & Gould Hon. William S. Duffey the section liaison for Smith Risely Tempel Santos LLC Hon. Frank M. Hull the State Bar of Georgia Hon. Alan Baverman and can be reached at Silver Hon. Linda T. Walker [email protected]. Alston & Bird LLP Hon. Walter E. Johnson Atlanta Bar Association IP Section

April 2013 57 Member Benefits

Online Research Strategy

by Sheila Baldwin

ttorneys are often not confident in their

online research skills. This may be due A to the fact that there is no easy way to know if you conducted a good search leaving no stone unturned. As a researcher, you are generally searching for a concept rather than a particular phrase or set of words. Because electronic or online research is based on word searching, the approach will be different and require practice. This article will highlight a few techniques that may be helpful in honing your skills in this trial and error process.

The first step is to define the question of law in and phrases, use numbers, citations, amendments and your case and the related issues. Write it down and statutes in your search as well as generic terms such as think of ways these concepts might be expressed in a reversed, remanded and overruled. legal argument. Concepts can be communicated using Fastcase is based on searching documents by key- a variety of words or phrases that can have several word. Boolean logic is the method the system uses to meanings, so try to include enough related words in relate words and concepts. Knowing how a system your search to steer it toward cases on point. An ini- uses Boolean operators is essential to create an effec- tial “natural language” search will quickly find cases tive search. A novice Spanish speaker may be able to you can view that will enable you to become familiar use the language to communicate very basic needs but with the terminology the courts use in discussing your would be ineffective in expressing or discovering pre- particular issue. Search statutes to get ideas on word cise information. A reminder of the Boolean operators choices and legal concepts. Create an annotated list with examples can be seen below the search box for of cases by entering the statutes citation in the query your convenience. box. This is useful because you can filter the highly The main operators are: and, or, not, between two cited cases to the top of the results page and browse words or phrases and the symbols w/n (within a influential cases to discover references that will be number of words), * (root word expander), “ ” (quota- good research material. Don’t limit yourself to words tion marks) and ( ) (parenthesis). These will be famil-

58 Georgia Bar Journal iar as they are commonly used in handbook”) /70 (invalid or illusory you know you are finished with most search engines. In Fastcase, or unenforceable). your research is when you keep the w/n function only uses num- Unlike this example, it is best coming up with the same cases bers and will not search within a to start small by creating a limited after each attempt. One could say sentence or paragraph. The asterisk search query and a wide open it’s more of an art than a science. brings any variation of the root jurisdiction and date range. This Hopefully, you have a better idea word when placed at the stem. will enable you to avoid mistakes on how to do your research. You Parentheses define the order of in the Boolean construction while may also be interested in taking operations; when misplaced or dis- providing a large range of results the Fastcase webinar on this topic. regarded results might vary drasti- from which you can easily nar- The schedule is included on the cally just as in algebra. A search of row. Continue to add terms once calendar of our website with a link (security or pledge) and assignment you see that the initial query pro- to register. Ultimately, as in most will bring results that contain secu- duced no error messages. Browse things, practice makes perfect, or rity and assignment or pledge and through the cases that rate high at least better. Don’t forget to take assignment, while using security or in relevancy to see if you are on advantage of all the help options pledge and assignment without the track. You will probably have available at the Fastcase website, parenthesis results in documents a large pool of results and will www.fastcase.com and feel free that contain security or (pledge and need to add more specifics to your to contact me at 404-526-8618 or assignment). For a complex exam- query and reformulate the way in [email protected] with any com- ple, consider the following query, which you construct it and rerun ments or questions. “arbitration /50 agreement or contract the search. At this point, narrow or clause /70 “employee handbook” /70 to a more specific jurisdiction and Sheila Baldwin is the invalid or illusory or unenforceable. date range and eliminate redun- member benefits This will bring a variety of cases dant words. This is the trial and coordinator of the many which will have no relevan- error part of your research; it may State Bar of Georgia cy. Using parenthesis correctly one take a little time but in the long and can be reached at could construct the query in this run will save having to read extra- [email protected]. manner, ((arbitration /50 (agreement neous cases. A legal research law or contract or clause)) /70 “employee professor told me that the way

We wish to express our sincerest appreciation to those who volunteered to serve as attorney coaches, regional coordinators, presiding judges and scoring evaluators during our state mock trial season. The 2013 State Champion Team is from Middle Georgia Christian Homeschool Association in Macon The State Champion Team will represent Georgia at the National High School Mock Trial Championship in Indianapolis, Ind., on May 10-11. The 2013 Regional Champion & Wildcard Teams are: Lowndes County HS (Region 1 – Albany); Clarke Central HS (Region 2 - Athens); North Springs Charter School (Region 3 – Atlanta); Woodland HS (Region 5 – Cartersville); Union County HS (Region 6 – Dalton); DeKalb School of the Arts (Region 7 – Decatur); Jonesboro HS (Region 8 – Jonesboro); Wesleyan School (Region 9 – Lawrenceville); Middle GA Christian Homeschool Assoc. (Region 10 – Macon); Northview HS (Region 11 – Marietta); Eagle’s Landing HS (Region 12 – McDonough); Bremen HS (Region 13 – Douglasville); Savannah Country Day School (Region 14 – Savannah); Sandy Creek HS (Region 15 – Covington); Grady HS (Region 16 – Atlanta); Christian Home Educators & Encouragement Resources (Region 17 – Cumming); Central HS (Southern Wildcard Team) and Westminster Christian Academy (Northern Wildcard Team) For more information about the program or to make a donation to the state champion team to support their participation at nationals, please contact the mock trial office: 404-527-8779 or toll free 800-334-6865 ext. 779; Email: [email protected]

MT_Apr13.indd 1 3/22/2013 11:28:47 AM April 2013 59 Writing Matters

Using Legal Writing and Research Skills to Win at Summary Judgment by Megan E. Boyd

ummary judgment motions are powerful

tools for civil practitioners. However, the S standard for obtaining summary judgment is high because a grant of summary judgment deprives the non-moving party of the opportunity for a jury trial. Thus, the importance of a party’s motion for summary judgment cannot be understated. Every legal writer should strive to draft a motion that is so clear and persuasive, the judge has no choice but to grant it.

The following techniques will help you draft effective motions for summary judgment. Begin With the End in Mind

Always know what you need to prove (or disprove) before you engage in discovery. Research the applicable statutes, case law and standards prior to sending written discovery or taking depositions. Know the information necessary to prove your client is entitled to summary judgment. For example, in a slip-and-fall case, the plaintiff’s sta- from wanton or willful conduct. Thus, before drafting tus governs the premises owner’s standard of care. If the your motion for summary judgment, you should ascer- plaintiff was a licensee or trespasser, the owner owed tain the reasons why the plaintiff was in the area where no special duty of care and, to show entitlement to sum- the plaintiff slipped. Was the plaintiff a customer in a mary judgment, need only prove the owner refrained store? Was the plaintiff a pharmaceutical rep making an

60 Georgia Bar Journal unsolicited visit to a doctor’s office? Did the plaintiff fall in an area not accessible to the general public? Knowing the answers to these questions is critical to determining the duty of care owed and, ultimately, framing your summary judgment argument. Plan ahead. If, prior to engaging in discovery, you thoroughly research the issues in your case, you will obtain the information you need to file your motion. Statements of Material Facts Should Contain nent say something different. For will assist the trier of fact . . . a example, if the defendant testified witness qualified as an expert . . . Only Facts that he is not sure if he checked may testify thereto in the form of Most jurisdictions require that his rearview mirrors before chang- an opinion or otherwise.” a summary judgment motion be ing lanes, do not suggest to the accompanied by a statement of court that the defendant admitted Fed. R. Evid. 702. material facts. As the name sug- he did not check his mirrors. That gests, a statement of material is not what the defendant said. Finally, make sure that your case facts should contain just that— Your adversary will almost cer- is still “good law.” Don’t make the facts. Legal conclusions disguised tainly point this out to the court, court question whether you were as facts should not be included and you will lose credibility. aware that a case has been over- because they will not be considered ruled, reversed or abrogated. If you by courts. For example, the fol- Be Forthright About cite a case that is no longer “good lowing is a fact: “The plaintiff was Authority law” on at least one point, be sure using the plaintiff’s cell phone to to let the court know that through text a friend at the time of the acci- Good legal writers do not miscite the use of a parenthetical citation. dent.” This sentence, however, is a authority or misrepresent the status For example: legal conclusion: “The conduct of of the law to the court. For example, the plaintiff is the sole, proximate it is inappropriate to suggest to To prevail on motion for summa- cause of the plaintiff’s injuries.” the court that “one not in priv- ry judgment, the moving party Stick to facts, and only facts, in ity of contract with another lacks “must demonstrate that there is your statement of material facts. standing to assert any claims aris- no genuine issue of material fact, ing from violations of the contract.” and that the undisputed facts, Cite to the Record Dominic v. Eurocar Classics, 310 Ga. viewed in the light most favor- and Be Objective App. 825, 828, 714 S.E.2d 388, 391 able to the nonmoving party, (2011). While this statement is a warrant a judgment as a matter Any fact contained in a statement direct quote from Dominic, it is not of law.” O.C.G.A. § 9-11-56(c); of material facts should be support- a complete representation of the Lau’s Corp. v. Haskins, 261 Ga. ed by a citation to evidence in the law. Third party beneficiaries also 491, 405 S.E.2d 474 (1991) (abro- record. Courts generally will refuse have standing to sue for breach of gated on other grounds). to consider fact statements not sup- contract under O.C.G.A. § 9-2-20(b). ported by cites to the record, such Make sure your writing, like your Don’t Forget the as deposition testimony, documents other dealings with the court, is Analysis produced in discovery, responses honest and forthright. to written discovery requests and Additionally, be sure to let the Do not neglect the analysis sec- affidavits. You should not include court know if you have changed tion of your brief. Many lawyers fact statements for which you have a quote. Use ellipses to show you have made the mistake of present- no record support. omitted portions of a quote or ing the applicable statutes and case Keep your facts objective and brackets to show you modified a law (or both) while failing to thor- don’t try to sway the court by quote. For example: oughly analyze and apply the facts “fudging” the facts. If a deponent of the case to the controlling legal said one thing in a deposition, do “[I]f scientific, technical, or authority. Don’t assume the judge not extrapolate to make the depo- other specialized knowledge will make the connection between

April 2013 61 use a spell-check feature and care- fully proofread your motion for typos and grammatical errors? It is much easier to catch errors when proofreading on paper, so print out each document before proofreading. Also, double check that small words are correct—“is” and “it” are common typos, as are “on,” “or” and “of.” Spell-check will not catch these errors. Do these “little things” to ensure your brief is accu- rate and professional. Don’t Sink Your Motion Before You File It

Many courts give parties 30 days after the close of discovery to file motions for summary judgment. the authority cited and the facts ences. Tell the court about them. Some courts, however, shorten that of your case. Be sure your analy- You will strengthen your motion time. Double check to see if the time sis answers important questions, substantially by providing a thor- for filing your motion has been including why the statutes cited ough, convincing analysis. shortened by local rule or court are applicable and support your order. Calendar your summary position, why helpful case law is Make Sure the “Little judgment deadline in advance, and controlling and why unhelpful case Things” Are Correct remember that deadlines in state law is distinguishable. courts and federal courts are often You probably will have to devote While you may still win at sum- different. Courts generally refuse the majority of your brief to outlin- mary judgment if you fail to do to consider motions for summary ing the factual background and the “little things,” a judge is sub- judgment that are not timely filed. controlling authority; however, a stantially less likely to grant sum- Persuasive brief writing is an art, good rule of thumb is to use at mary judgment to a party that lacks not a science, and while nothing least 15-20 percent of your brief credibility. What’s one of the easiest can ensure a successful summary space for analysis. For example, in ways to lose credibility with a judge? judgment motion, these tips can a 20 page brief, at least three to five File sloppy documents. If a lawyer help you improve your writing pages should be devoted to analyz- cannot be bothered to ensure that skills and increase the chance your ing the facts of the case in light of a brief is presented accurately and next motion for summary judg- the cited authority. professionally, how can the judge be ment will be granted. In addition, avoid conclusory sure the lawyer’s substantive repre- statements (e.g. Case X is appli- sentations aren’t sloppy too? Megan E. Boyd is an cable and Case Y is inapplicable.). For example, do the local rules associate attorney at Instead, show the court why Case contain font or margin require- Carlock, Copeland & X is applicable by comparing Case ments or limit the number of pages Stair, LLP, where she X to your case. Do your case and in a summary judgment brief? practices in the areas Case X share similar common facts? Many local rules do. Be sure to of coverage and bad Are policy arguments outlined in check the requirements in the local Case X applicable to your case? If rules before finalizing your motion faith defense, transportation and so, point this out to the court. for summary judgment. trucking law, and construction Also, show the court why Case Similarly, did you double check litigation. She also serves as an Y is inapplicable by contrasting the your citations to ensure both the adjunct professor of law at facts of your case to those of Case case name and citation are correct? Mercer Law School, teaching Y. Was Case Y decided under a Nothing irritates judges and their advanced legal writing courses. In different statute with different lan- clerks more than being unable to her spare time, Boyd maintains a guage? Was Case Y decided under find a case you miscited in your blog on legal writing, Lady (Legal) common law principles but a stat- summary judgment brief. Writer, at http://ladylegalwriter. ute now applies? Don’t assume the Typographical and grammati- blogspot.com/. court will understand these differ- cal errors are distracting. Did you

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2013 Justice Benham Community Service Awards by Avarita L. Hanson

he 14th annual Justice Robert Benham to serve—advising the audience that lawyers are the “healers of society.” Awards for Community Service were pre- David H. Gambrell, senior counsel, Baker Donelson Bearman Caldwell Berkowitz, PC, Atlanta, sented on Feb. 26, before a crowd of more was the recipient of the Lifetime Achievement T Award. Gambrell is a past president (1967-68) of than 250 guests and honorees. The Chief Justice’s the State Bar of Georgia and Atlanta Bar Association (1965-66), as well as a former U.S. Senator. Gambrell Commission on Professionalism (the Commission), in was appointed by President Jimmy Carter and served in Congress from 1971-72. A lawyer for more collaboration with the State Bar of Georgia, honored than 60 years, Gambrell remains actively involved in public and professional affairs with the Buckhead Georgia judges and attorneys for their outstanding com- Coalition, Inc., the Atlanta Legal Aid Society, Inc., The Carter Center, State YMCA of Georgia and munity and public service. The awards were handed out Habitat for Humanity of Atlanta. Hon. Kimberly M. Esmond Adams, Superior in a special ceremony that included personalized video Court of Fulton County, Atlanta, is an outstanding jurist, dynamic leader and public servant. She serves presentations depicting each recipient’s community and through speaking, teaching and leading in the community, her church, sorority, bar associations and public service contributions. other organizations. Since 2009, Adams has spoken before more than 50 audiences while serving on the Chief Justice Carol W. Hunstein welcomed attendees boards of the Atlanta Technical College Foundation, on behalf of the Supreme Court of Georgia after the Georgia Black Women Attorneys Foundation, Boys event was called to order by Avarita L. Hanson, execu- and Girls Club of Metro Atlanta, Restorative Justice tive director of the Commission. State Bar President Board of the Atlanta Municipal Court and Atlanta Robin Frazer Clark welcomed honorees, friends, family Volunteer Lawyers Foundation. An active member members and colleagues. WXIA-TV Business Editor of Cascade United Methodist Church for nearly three and Help Desk Manager William “Bill” Liss intro- decades, she has chaired its witness division, staff duced Justice Robert Benham who brought the charge parish pastor relations committee, served on its trust-

64 Georgia Bar Journal Photos by Don Morgan Photography & Video Friends, family and co-workers from Baker Donelson Bearman Caldwell & Berkowitz, PC, celebrate with David Gambrell. (Front row, left to right) Henry Gambrell, Bonnie Johnson, Past President Linda Klein (1997-98), Luck Gambrell, Past President David Gambrell (1967-68), Chief Justice Carol W. Hunstein, Mary Bell Stolz and Charles Huddleston. (Back row, left to right) Nedom Haley, Michael Smith, Michael Neuren, Ivy Cadle, Jed Beardsley, Bob Brazier, Gary Barnes, Irwin Stolz, Joshua Tropper, H. Fielder Martin, President-Elect Charles L. “Buck” Ruffin and Tee Barnes. ee board and sings with the New of the Southwest Georgia Council of trips and outings. He has uplift- Advent choir and praise team. the Boy Scouts of America, troop ed the arts through leadership Peter J. Anderson, part- leader of Troop 414 and has led a with the Museum of Arts ner, Sutherland, Atlanta, is best youth contingent to Philpmont Scout and Sciences, Fort Hawkins known for his decade of service to Reservation in New Mexico since Preservation Committee, Georgia ServeHAITI, an organization that 2003. He has also served as president Children’s Museum, Georgia originated at Sacred Heart Church of the Dawson Rotary Club, Terrell Sports Hall of Fame, Georgia in Atlanta in the late 1990s. He was County Chamber of Commerce, Music Hall of Fame, Macon Arts a founding member of this group Terrell Heart Association, on Alliance and the Douglas Theater. that bolsters the quality of life for the trustee board of the Deerfield Hon. Robert M. “Mack” residents of the Haitian mountain Windsor School in Albany and is a Crawford, judge, Superior Court, village of Grand-Bois, and has deacon and Sunday school teacher at Griffin Judicial Circuit, Thomaston, served on its board of directors Sherwood Baptist Church. has more than 30 years of public ser- from the start and presently serves J. Michael Cranford, Law vice, including previously serving as its treasurer. He has had lead- Office of J. Michael Cranford, as the director of the Georgia Public ership roles with The Childhood Macon, is one of Bibb County’s Defender Standards Council and as Autism Foundation, Alumni Board most prominent civic leaders. He a member of the Georgia House of of Dickinson College and the has more than 25 years of legal Representatives where he chaired Paideia School Board. experience and 45 years as a suc- the Joint House-Senate Legislative Hon. Joe C. Bishop, Chief judge cessful business owner. He served Oversight Committee on Indigent Superior Court, Pataula Judicial on the Macon City Council from Defense, Public Safety-Judicial Circuit, Dawson, gives his time gen- 1995-99 and 2005-11, working on Appropriations Subcommittee and erously to the Boy Scouts of America, the following committees: pub- on the Judiciary, Agriculture, Public serving as merit badge counselor lic safety, appropriations, public Safety and Appropriations commit- at camps, taking crews to High properties, historic Fort Hawkins tees. Crawford chairs the deacons at Adventure bases around the coun- preservation and terminal sta- Concord Baptist Church and is on try and coaching students to pre- tion oversight. He worked with the Pike County High School FFA pare them for the American Legion the Boy Scouts of America as an Advisory Council. Oratorical Contest. He currently assistant scoutmaster, merit badge Audra Ann Dial, partner, serves as an executive board member counselor and took boys on field Kilpatrick Townsend & Stockton

April 2013 65 (Front row, left to right) Honorees, special guests and emcees: President Robin Frazer Clark, Justice Robert Benham, Chief Justice Carol W. Hunstein, David H. Gambrell, Avarita L. Hanson. (Middle row, left to right) J. Michael Cranford, Audra Ann Dial, Hon. Kimberly M. Esmond Adams, Laura C. Nehf, Hon. Asha F. Jackson, Hon. Maziar Mazloom, Hon. Robert M. Crawford and William “Bill” Liss. (Back row, left to right) Peter J. Anderson, Peter A. Gleichman, Rev. Dexter M. Wimbish and Hon. Joe C. Bishop.

LLP, Atlanta, has directed her Maine where he had been a work- with the Mazloom Law Firm, LLC. leadership and attention largely ing musician and radio reporter A leader in many community orga- to positively affecting children’s while in college and law school. In nizations, Mazloom chaired sev- lives and families from all walks Maine, he lead the education com- eral committees of the American of life facing challenges and cri- mittee and preschool at Temple Cancer Society, was president ses. She was president of the Israel and served as an alumni of the Stonegate Homeowners Junior League of Atlanta through interviewer for Tufts Alumni Association and the Reconnecting which she worked to publicize Admissions Program. Families and Cobb County Library the travesty of child sex traffick- Hon. Asha F. Jackson serves Foundation boards. A mem- ing. She serves on the boards of on the Superior Court of DeKalb ber of the Kiwanis International the Special Olympics of Georgia, County in Decatur. She found- and mentor for the Marietta Atlanta Speech School and Trees ed and served as a leader of the Housing Authority’s At-Risk Kids Atlanta and was on the board of Atlanta Urban League Young Mentoring Program, he serves on the Atlanta Children’s Center. Professionals. By Atlanta may- the boards of the Cobb Landmarks Peter A. Gleichman established oral appointment, Jackson served and Historical Society, Georgia his law practice in Woodstock, and on the Atlanta Coordinating Metropolitan Dance Theatre and combines his conscientious advo- Responsibility Authority to plan the Cobb Alcohol Task Force. He cacy with his community service for redevelopment of blighted is treasurer of the Marietta City and musical endeavors. A mem- Atlanta neighborhoods. With her Schools PTSA Executive Council ber of Congregation Or VeShalom, church, Ray of Hope Ministries, and is a member of the Cobb an Atlanta synagogue, he is deep- she works on various community County Chamber of Commerce. ly involved in the Habitat for projects. She was a big sister, den Laura C. Nehf, sole practitioner, Humanity ministry, serving on the mother, district fundraising cap- is an arts advocate, activist and Cherokee County Habitat board tain and law merit badge coun- supporter in Athens. A board mem- of directors. A past president and selor for the Atlanta Area Boy ber and president of the Athens member of the Canton Rotary Scout Council. She has also chaired Area Arts Council, Nehf helped Club, he has received its honors the National Advisory Board of create a city-wide arts coalition. in every category, while continu- Forever Family, Inc. Under mayoral appointment, she ing to play with the Seacoast Wind Hon. Maziar “Mazi” Mazloom served on the Athens Public Art Ensemble and giving free com- serves as an associate judge of the Task Force that created the Athens munity concerts. Before coming to Municipal Court of Marietta while Cultural Affairs Commission and Atlanta, Gleichman practiced in maintaining his active practice Percent for Art Funding, on which

66 Georgia Bar Journal she continues to serve. She has Coalition of Burned Black Churches. Panell president, Mary McAfee, also been on the boards of the Wimbish works with the Northeast director and volunteers Sam L. Georgia Lawyers for the Arts, Black Leadership Council, found- Brannen Jr., Ivy N. Cadle, Dane P. Friends of the Georgia Museum ed the North Georgia Black and Cooper, Aaron Jones, Brittany Jones of Art, University Women’s Brown Alliance and works with and Jon C. Martin. Other volun- Club and Advisory Board of the youth on environmental con- teers include Colin H. Alexander, Athens Convention and Visitors cerns through the Community Mary McCall Cash and Angela Bureau and now serves on the Bucket Brigade and Ruby Wilkins Hinton. Special gratitude is also statewide Georgia Arts Network. Community Garden in Gainesville. extended to the Commission staff, Active with St. Gregory the Great He is the founding president of the Terie Latala, assistant director, and Episcopal Church, Nehf served as a SCLC Henry County Chapter, a Nneka Harris-Daniel, administra- Stephen Minister. founder of the Georgia State SCLC tive assistant. Rev. Dexter M. Wimbish com- Chapter and a member of the Nominations for the Justice bines work as an attorney and Advisory Committee of the Georgia Robert Benham Community Service provider of diversity management Diversity Council. Awards are always welcome. Look expertise in Madison, while serv- The efforts of many are great- for the call for nominations in the ing as assistant pastor of Greenville ly appreciated in making the fall of 2013 on the State Bar of Baptist Church in his hometown Justice Robert Benham Awards Georgia website, www.gabar.org, of Greensboro. Wimbish has near- for Community Service Program or contact professionalism@cjcpga. ly two decades of personal and a success. Many thanks to the org for information. professional community service members of the selection commit- as an attorney, activist, fundraiser, tee: Janet C. Watts, chair, Lisa E. Avarita L. Hanson is former adjunct professor, father Chang, Mawuli M. Malcolm Davis, the executive director and clergyman. Known for assist- Elizabeth L. Fite, Laverne Lewis of the Chief Justice’s ing African-American churches in Gaskins, Michael D. Hobbs, W. Commission on North Georgia targeted by arson- Seaborn Jones, William J. Liss and Professionalism and ists, he has helped with rebuilding Brenda Carol Youmas. We grate- can be reached at structures and congregations and fully acknowledge the support of [email protected]. with the development the National the Young Lawyers Division: Jon

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61058 GA Bar Journal (2/13) April 2013 67 4 Color, 1/4 Page Vertical Ad ESIRoundtable.indd 1 1/23/2013 4:12:07 PM Trim Area: 3.555" x 4.538" MARSH

61058 GA Bar Ad.indd 1 12/5/12 4:50 PM In Memoriam

n Memoriam honors those members of the State Bar of Georgia who have passed away. As we reflect upon the memory of these members, we are mindful of the contributions they I made to the Bar. Each generation of lawyers is indebted to the one that precedes it. Each of us is the recipient of the benefits of the learning, dedication, zeal and standard of professional responsibility that those who have gone before us have contributed to the practice of law. We are saddened that they are no longer in our midst, but privileged to have known them and to have shared their friendship over the years.

Gerald Warren Abendroth James Morris Flournoy Marsh D. Marsh McDonough, Ga. Atlanta, Ga. College Park, Ga. University of Wisconsin Law Georgia State University College Woodrow Wilson College of Law School (1991) of Law (1987) (1951) Admitted 1994 Admitted 1987 Admitted 1951 Died December 2012 Died February 2013 Died February 2013

Lerone Bennett III Cliffe Lane Gort William H. McNiel Atlanta, Ga. Atlanta, Ga. College Park, Ga. Texas Southern University Emory University School of Law Atlanta Law School (1947) Thurgood Marshall School of Law (1974) Admitted 1947 (1988) Admitted 1974 Died February 2013 Admitted 2005 Died January 2013 Died January 2013 James S. Owens Jr. John A. Helms Atlanta, Ga. George W. Carreker Atlanta, Ga. Mercer University Walter F. Smyrna, Ga. Harvard Law School (1964) George School of Law (1966) Woodrow Wilson College of Law Admitted 1964 Admitted 1969 (1956) Died January 2013 Died February 2013 Admitted 1958 Died February 2013 Regina Smith Jenkins Andrew Ross Pachman Decatur, Ga. Atlanta, Ga. Harold G. Clarke Wayne State University Law Emory University School of Law Forsyth, Ga. School (1978) (1991) University of Georgia School Admitted 1991 Admitted 1991 of Law (1950) Died September 2012 Died March 2013 Admitted 1950 Died February 2013 Harold Jose J. Philip Self Evans, Ga. Macon, Ga. William Henry Cooper Jr. University of Georgia School of University of Georgia School Suwanee, Ga. Law (1966) of Law (1970) Atlanta Law School (1939) Admitted 1966 Admitted 1971 Admitted 1939 Died November 2012 Died October 2012 Died October 2012 Oliver Lee John Patrick Sinnott S. T. Ellis Lithonia, Ga. Valdosta, Ga. McDonough, Ga. Vanderbilt Law School (1975) Northern Kentucky University Atlanta Law School (1950) Admitted 1975 Chase College of Law (1960) Admitted 1950 Died February 2013 Admitted 2000 Died February 2013 Died December 2012

68 Georgia Bar Journal Jack B. Smith awarded the Army Commendation of Trial Lawyers. He was an Decatur, Ga. Ribbon and the Far East Command elder in the Forsyth Presbyterian Emory University School of Law Certificate of Merit for his service. Church and served as commis- (1952) He obtained a law degree from sioner from the Atlanta Presbytery Admitted 1952 the University of Georgia and was to the General Assembly of the Died November 2012 admitted to the Bar in 1950. Clarke Presbyterian Church in the married Nora Gordon of Athens, in United States. Frank Sutton 1952. Early in his career, he found- Clarke was instrumental in creat- Birmingham, Ala. ed Clarke, Haygood and Lynch ing the Chief Justice’s Commission Admitted 1961 and practiced law with his part- on Professionalism, the first Died November 2012 ners, Charlie Haygood and Larry body of its kind in the nation, Lynch, as well as owning and oper- the Georgia Office of Dispute R. L. Swearingen Jr. ating the Monroe Advertiser, the Resolution and the Equality Reynolds, Ga. local newspaper formerly owned Commission. In 1994, he was hon- Mercer University Walter F. by his father. ored with the Lewis F. Powell Jr. George School of Law (1962) In 1961, Clarke was elected to the Award for Professionalism and Admitted 1961 Georgia House of Representatives Ethics, an award given each year Died December 2012 and served a decade in the legisla- by the American Inns of Court to ture. He was a leader of the move- recognize a person who has ren- Thomas J. Waldrop ment to transform the Georgia dered exemplary service to the Atlanta, Ga. Bar Association into the organized legal profession in the areas of Georgia State University College State Bar of Georgia in 1964 and legal excellence, professionalism, of Law (1985) served as president of the State Bar civility and ethics. After his retire- Admitted 1985 in 1976-77. In December of 1979, ment from the Supreme Court, Died February 2013 Justice Clarke was appointed to Clarke joined the law firm of the Supreme Court of Georgia by Troutman Sanders as of counsel Reuben M. Word Gov. George Busbee and served and chaired the firm’s Alternative Carrollton, Ga. as chief justice from 1990-92 and Dispute Resolution group. Emory University School of Law from 1992-94. While serving as This year Clarke was recognized (1950) chief justice in 1992, he tempo- by The Southern Center for Human Admitted 1950 rarily stepped aside to allow his Rights for the 2013 Lifetime Died October 2012 good friend and colleague Charles Achievement Award. Friends and Weltner, who was struggling family take comfort in knowing Former Chief Justice with cancer, the honor of serv- that Clarke’s words, reflections and of the Supreme Court ing his last few months as chief humor can still be shared in his 1995 of Georgia Harold justice. Following the swearing-in book Remembering Forward. He will G. Clarke of Forsyth, ceremony, Chief Justice Weltner forever be remembered as a devot- Ga., passed away in returned to his office to find sta- ed husband, father, grandfather February 2013. Clarke tionery reflecting his new title, and friend. was born Sept. 28, 1927, in Forsyth courtesy of Justice Clarke. to Jack H. and Ruby Lumpkin The consummate Southern Hon. Juanita D. Marsh Clarke. A lifelong resident of gentleman, Clarke will long be of College Park, Ga., Forsyth, Clarke attended Mary remembered for putting others died in February 2013. Persons High School and was an first. Among his many accomplish- Marsh was the daugh- active member and elder of Forsyth ments, Clarke was chairman of ter of E. R. “Bud” and Presbyterian Church where his the Institute of Continuing Legal Jessie Stratton Daniel. father served as minister for more Education and president of the Marsh was born in December 1926 than 30 years. Flint Circuit Bar Association. He and raised in Elberton, in a loving Clarke earned his undergradu- served as a trustee of the Institute family. She graduated first in her ate degree from the University of of Continuing Judicial Education class at Centerville High School Georgia where he was a mem- and chairman of the Judicial and attended the University of ber of Sigma Alpha Epsilon and Council of Georgia. He also served Georgia on scholarship, where she Gridiron Secret Society. He joined on the Board of Directors of the graduated in 1946 with a degree in the U.S. Army during World War American Judicature Society and Home Economics. She loved her II and was assigned to the staff Board of Visitors of the University time at the university and told sto- of the Pacific Stars and Stripes in of Georgia School of Law. He ries of working at the dining hall, Japan where he was the news- was a fellow of the American Bar the bookstore and the dorm for paper’s managing editor. He was Foundation and American College room, board and books. She also

April 2013 69 Let CAP Lend a Helping Hand!

What is the Consumer Assistance Program? What doesn’t CAP do? The State Bar’s Consumer Assistance Program (CAP) helps CAP deals with problems that can be solved without resorting people with questions or problems with Georgia lawyers. When to the disciplinary procedures of the State Bar, that is, filing a someone contacts the State Bar with a problem or complaint, a grievance. CAP does not get involved when someone alleges member of the Consumer Assistance Program staff responds to serious unethical conduct. CAP cannot give legal advice, but the inquiry and attempts to identify the problem. Most problems can provide referrals that meet the consumer’s need utilizing can be resolved by providing information or referrals, calling the its extensive lists of government agencies, referral services lawyer, or suggesting various ways of dealing with the dispute. and nonprofit organizations. A grievance form is sent out when serious unethical conduct may be involved. Are CAP calls confidential? Everything CAP deals with is confidential, except: Does CAP assist attorneys as well as consumers? 1. Where the information clearly shows that the lawyer has Yes. CAP helps lawyers by providing courtesy calls, faxes or misappropriated funds, engaged in criminal conduct, or letters when dissatisfied clients contact the program. intends to engage in criminal conduct in the future; Most problems with clients can be prevented by returning 2. Where the caller files a grievance and the lawyer calls promptly, keeping clients informed about the status of involved wants CAP to share some information with the their cases, explaining billing practices, meeting deadlines, Office of the General Counsel; or and managing a caseload efficiently. 3. A court compels the production of the information. The purpose of the confidentiality rule is to encourage open communication and resolve conflicts informally.

Call the State Bar’s Consumer Assistance Program at 404-527-8759 or 800-334-6865 or visit www.gabar.org/cap. studied at Teachers College, stance abuse. As a result, in the a well-respected and admired civil Columbia University. early 1970s she began to look for trial lawyer and was especially After graduation, she went to treatment options for people with proud of his affiliation with Nall & Statesboro, to work as a home dem- substance abuse and mental health Miller as the sole firm with whom onstration agent. There she met issues. After facing many challeng- he worked, serving as a leader and and later married George Elliott es with her youngest son, and con- mentor for the firm for more than Marsh Sr. in December 1947. They vinced of the need for better care 40 years. moved to Atlanta where George for those afflicted with substance One of Owens’ most remark- worked for H.M. Patterson & Son addiction, Marsh founded Anchor able legacies is that of the trial and later Delta Airlines before his Hospital of College Park in 1986. lawyers he trained and educated death in 1989. Marsh attended law She never stopped working to help throughout his career. Owens school at night, and was admitted individuals and their families deal- generously gave his time to almost to the State Bar of Georgia in 1951. ing with substance abuse and men- every trial academy in Georgia. She taught elementary school in tal health issues. Since 1985 Owens was an invited Atlanta and Fulton County for Marsh never met a stranger and faculty member at The Atlanta many years and had four children. thoroughly enjoyed being with oth- College of Trial Advocacy, the In 1971 she was selected judge ers. She helped countless numbers Emory University School of Law of the City Court of College Park. of people from all walks of life and Trial Techniques Program and the She was always very proud of tried to make a positive difference. Georgia Defense Lawyers Trial being one of the first women Academy, where he also served judges in the state. As judge of James S. “Sandy” as chairman. College Park, she was very active Owens Jr. of Bozeman, In addition to his legal skills, in her profession, helping to write Mont., and Atlanta, Ownes was an accomplished com- the early handbook for Municipal Ga., died in February mercial photographer during the Court judges and serving on the 2013 in Rochester, 1996 Atlanta Olympics and was Judicial Council of Georgia. She Minn. Owens attended featured in numerous magazines was named Ms. South Fulton, and Emory University and graduated and galleries in the West. Owens recognized with many awards from Mercer University Walter F. and his wife moved to Bozeman, and commendations throughout George School of Law in 1966. He Mont., in 2003 where he became her life. also served in the U.S. Air Force. a regular explorer of Yellowstone While serving as judge she saw After joining the Atlanta law firm National Park. first-hand the problems of sub- of Nall & Miller in 1970, he became The Lawyer Assistance Program of the State Bar of Georgia

Stress? Chemical dependency? Family Problems? Mental or Emotional Impairment?

The Lawyer Assistance Program is a free program providing confidential assistance to Bar members whose personal problems may be interfering with their ability to practice law. ETHICS DILEMMA? Lawyers who would like to discuss an ethics dilemma For more information, please call the confidential with a member of the Office of the General Counsel hotline number at staff should contact the Ethics Helpline at 404-527- 8741, 800-682-9806 or log in to www.gabar.org and 800-327-9631 submit your question by email.

April 2013 71 Book Review

The World Class Rainmaker: Raising the Bar in Your Law Practice by Robin M. Hensley and Lance J. LoRusso, 107 pages

reviewed by Robert D. Ingram

“He that won’t be counseled can’t be helped.” — Benjamin Franklin

hether you struggle with procrasti-

nation or you are a workaholic, The W World Class Rainmaker provides you with practical insight on how to take your law practice to the next level. Business development coach, Robin

Hensley, who specializes in assisting attorneys and

CPAs on how to maximize their rainmaking skills and who authored Raising the Bar—Legendary Rainmakers

Share Their Business Development Secrets, has teamed up with successful trial lawyer, Lance LoRusso, to co- author this book. The book includes practice pointers pulled from many resources which, if implemented, will make any lawyer more efficient, productive and successful at managing their law practice and originat- Lawyers Know Little About Business ing business, while still maintaining balance between Most of us are better lawyers than we are business- men and women. Law school does little to prepare their personal and professional lives. lawyers for the task of operating a business, much

72 Georgia Bar Journal less how to originate business. Hensley draws from her many n Balancing professional and The days when lawyers would years of experience as a business personal demands: Balancing graduate from law school, pass development coach and LoRusso the demands of your profes- the bar, hang out a shingle near draws from his trial practice expe- sion with your personal life. the courthouse and watch the cli- rience to provide lawyers, young The book provides practical ents roll in are no more. Whether and old, with strategies and tac- pointers on how to avoid burn- you are a sole practitioner or a tics to aid lawyers in reaching out and how to stay refreshed, partner in a large established law their rainmaking potential. The which includes specific sched- firm, few tasks are more daunt- book tackles many topics that uling for time off, such as an ing or important than rainmak- will help lawyers in developing annual sabbatical. ing. Yet, I am still waiting to meet a game plan to leverage your n Acknowledging staff: a lawyer who received instruc- firm’s time and talent into busi- Recognizing those that contrib- tion and training on how to effec- ness building, including: ute the most to the firm’s suc- tively originate business while in cess by giving them a mean- law school. Accordingly, most of n Goal setting: Taking time to ingful role and acknowledging us stand to benefit from some plan and set realistic goals. their value. coaching or counseling on how n Time priorities: Establishing n Relationship building: to become a rainmaker. The World time priorities to help you avoid Maximizing your new and old Class Rainmaker: Raising the Bar in the “tyranny of the urgent.” relationships through various Your Law Practice gives you the The trap of constantly deal- techniques and strategies. This practical instruction you need to ing with the urgent, such as includes learning when to say do just that. instantly responding to every “no” to the good so that you email and text, to the detriment can say “yes” to the best. It also Changing Legal of accomplishing the important, includes pointers on how to Landscape such as big-picture strategy and effectively utilize sincere and diligent case development. The personal handwritten notes in As a profession, lawyers have book gives practical advice on building relationships. experienced phenomenal growth how to avoid getting caught in n Electronic communications: over the past three decades. The this trap. Leveraging email and electron- number of persons per lawyer in n Work delegation: Increase ic communications and making the United States has dropped con- your productivity through them a friend and asset to your siderably over the past few decades, appropriate delegation of practice, rather than a dreaded currently down to approximate- tasks and the implementa- enemy. ly one lawyer for every 250 resi- tion of techniques that help dents.1 With more lawyers comes you delegate. The book shows Legal and Ethical Issues increased competition and an you why you need to have While Hensley addresses the increase in the willingness of many enough confidence in yourself practical development techniques clients to move their legal business to let the lawyers around you to help build relationships and in an effort to save money and take some risks. “Good part- enhance your rainmaking poten- seek better results. This realiza- ners never put off until tomorrow tial, LoRusso addresses the legal tion has motivated many lawyers what they can get an associate to and ethical issues which inevitably to employ an array of strategies in do today.” — Robert Ingram arise in a law practice such as: an effort to retain and attract legal n Task priority: Committing to business. More and more firms are the practice of tackling your n Delegating tasks, advertising, developing firm bro- worst and most important n Advertising, chures, preparing firm newsletters jobs first. Doing so helps you n Accepting new clients, and hiring marketing consultants. embrace the truth that you n Referring clients, and The bottom line is that, in the mod- cannot escape the responsibil- n Discharging clients. ern legal profession, lawyers need ity of tomorrow by evading it to develop a strategy to attract today. LoRusso also includes helpful legal business. n Meeting pointers: Managing the and practical insight on how to time you spend in meetings. implement the rainmaking strat- World Class Rainmaker They include practical tips and egies while complying with the Topics pointers on how to use meet- Rules of Professional Conduct. ings effectively and efficiently, “The most important thing about and how to avoid allowing the Common Sense having goals is having one.” meetings to become a waste of Some lawyers might argue that — Geoffry F. Abert time and resources. the instruction and tips included

April 2013 73

Trial By Jury: What’s the Big Deal?

“Trial By Jury: What’s the Big Deal?” is an animated presentation for high school civics classes in Georgia to increase court literacy among young people. This presentation was created to be used by high school civics teachers as a tool in fulfilling four specific requirements of the Social Studies Civics and Government performance standards.

This animated presentation reviews the history and importance of trial by jury through a discussion of the Magna Carta, the Star Chamber, the trial of William Penn, the Constitutional Convention in 1787, the Constitution and the Bill of Rights. Also covered in the presentation are how citizens are selected for jury duty, the role of a juror, and the importance of an impartial and diverse jury.

The State Bar of Georgia’s Law-Related Education Program offers several other opportunities for students and teachers to explore the law. Students can participate in Journey Through Justice, a free class tour program at the Bar Center, during which they learn a law lesson and then participate in a mock trial. Teachers can attend free workshops correlated to the Georgia Performance Standards on such topics as the juvenile and criminal justice systems, federal and state courts, and the Bill of Rights. The LRE program also produces the textbook An Introduction to Law in Georgia for use in middle and high school classrooms.

You may view “Trial By Jury: What’s the Big Deal?” at www.gabar.org/ forthepublic/forteachersstudents/lre/ teacherresources. For a free DVD copy, email [email protected] or call 404- 527-8792. For more information on the LRE Program, contact Deborah Craytor at [email protected] or 404-527-8785.

© 2008 by State Bar of Georgia within the book on how to attract professional and personal lives Conclusion clients and grow a law practice through building a sabbatical Hensley and LoRusso do a good are common sense. As a story into their law practice dovetails job in their book of laying out the from one of my partners reveals, well with a recent sermon I heard basic blocking and tackling skills however, common sense to one where the minister used passages needed to become a rainmaker. All lawyer is not necessarily common of scripture to help me realize lawyers eventually discover that sense to another. His story also my workaholic tendencies do when it comes to generating rain, drives home the point made in not always work to my advan- you never “arrive.” When you stop the book about the importance tage. In fact, I’ll never forget the following the fundamentals laid of relationship-building and the admonition during the sermon to out in this book, the rain will soon application of “what goes around find one day each week to inten- turn to drizzle, and eventually will comes around.” tionally “waste” time with God, stop altogether. Stay after it and Years ago my partner was sit- family and friends. Although utilize the tools advocated in The ting in a superior court judge’s sometimes difficult to accept and World Class Rainmaker: Raising the office awaiting a jury verdict while practice, my minister spoke the Bar in Your Law Practice to keep the talking with the judge’s legal truth. Henesly and LoRusso give rain flowing. assistant. In walked a middle-aged practical suggestions on ways lawyer with a look of desperation. to find the balance we all need The quickest way to crush whatever The lawyer, in a panicked voice, to stay refreshed and avoid the laurels you have won is for you to rest explained that he had a consent burnout that is so common within on them. — Unknown order which needed to be present- our profession. ed to the judge on an emergency Robert D. Ingram, basis. The lawyer groveled for a Relationships partner with Moore few moments to the legal assistant The book’s emphasis on maxi- Ingram Johnson & and went to great lengths about mizing old and new relation- Steele, is a past the urgency of his need to have ships to enhance your rainmaking president of the State the order presented immediately potential cannot be overstated. I Bar of Georgia and for execution and entry. As soon have personally observed this play Cobb Bar Association. He is an as the lawyer walked out of the out when a reputable law firm office, the legal assistant took the containing several of my friends accomplished attorney in proposed order and placed it at decided to split up. Several of the commercial and insurance the bottom of a foot high pile of more experienced and capable trial defense litigation matters in documents in the judge’s inbox, lawyers were being compensated state and federal courts and has stating that she would make sure based upon their seniority, expe- served on many committees and the judge would not see the order rience and excellent trial skills. boards in service to the for quite some time. She then When the firm split, however, the profession. He received his explained that the lawyer was nor- clients moved the business to the undergraduate degree from mally a complete jerk and only lawyers who had spent their time Kennesaw College with honors acknowledged her existence when cultivating great relationships and and his law degree from Emory he needed her help. The moral of not with those lawyers who were University School of Law. the story is that legal assistants, more experienced and more capa- and courthouse employees in gen- ble in a courtroom. Watching that eral, can be a lawyer’s best friend play out drove home the point that Endnote or worst enemy. Your behavior clients send business to lawyers 1. See American Bar Association, and interaction with them when they know and like, and not nec- 2011 Total National Lawyer you don’t need their help will essarily to those perceived to be Count, available at: http://www. often determine their response the most experienced or capable. americanbar.org/content/dam/ when you are in desperate need of The bottom line is that he who aba/migrated/marketresearch/ their assistance. has the relationship with the cli- PublicDocuments/total_national_ ent often controls the business. lawyer_counts_1878_2011.xls (last accessed November 30, 2012); Balance Between Relationships and competence are U.S. Census Bureau, National Professional and both necessary to maintain busi- Totals: Vintage 2011, Annual Personal Lives ness, but without relationships, Population Estimate as of July lawyers never get a chance to dem- 1, 2011, available at http:// The portion of the book which onstrate their competence. The www.census.gov/popest/data/ encourages lawyers to re-ener- book focuses on ways to enhance state/totals/2011/tables/NST- gize their rainmaking potential old client relationships while EST2011-01.xls (last accessed by finding balance between their building new ones. November 30, 2012).

April 2013 75 CLE Calendar

April-June APR 12 ICLE MAY 1 ICLE Child Welfare Attorney Training Sports Law Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 3 CLE

APR 18 ICLE MAY 3 ICLE Building Professional Presence Animal Law (Tentative) Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

APR 18 ICLE MAY 3 ICLE Construction Law for the General Dispute Resolution Practitioner Augusta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE MAY 9-11 ICLE APR 19 ICLE Real Property Law Institute Employment Law Amelia Island, Fla. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 12 CLE 6.5 CLE MAY 9 ICLE APR 19 ICLE GABWA Family Law Business Immigration Law Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE MAY 9 ICLE APR 25 ICLE Labor and Employment Law New Tax Laws: What Every Practitioner Tifton, Ga. Needs to Know See www.iclega.org for location Atlanta, Ga. 3 CLE See www.iclega.org for location 6 CLE MAY 9 ICLE Military and Veterans Law APR 26 ICLE Atlanta, Ga. Solo and Small Firm Practice See www.iclega.org for location Atlanta, Ga. 6 CLE See www.iclega.org for location 6 CLE MAY 10 ICLE Georgia DUI Update Atlanta, Ga. See www.iclega.org for location 6 CLE

Note: To verify a course that you do not see listed, please call the CLE Department at 404-527-8710. Also, ICLE seminars only list total CLE hours. For a breakdown, call 800-422-0893.

76 Georgia Bar Journal CLE Calendar

MAY 10 ICLE Entertainment Law Boot Camp JUN 6 ICLE (Tentative) Foreign Corrupt Practices Act Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 3 CLE 6 CLE

MAY 16 ICLE JUN 20 ICLE Basic Fiduciary Practice Selected Video Replays Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

MAY 17 ICLE JUN 21 ICLE Construction Mechanics’ Selected Video Replays and Materialmen’s Liens Atlanta, Ga. Savannah, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE JUN 27-30 ICLE MAY 23 ICLE Georgia Trial Skills Clinic Driver’s License Suspension Athens, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 24 CLE 6 CLE JUN 28-29 ICLE MAY 23-25 ICLE Southeastern Admiralty Law Institute Family Law Institute Savannah, Ga. Destin, Fla. See www.iclega.org for location See www.iclega.org for location 9 CLE 12 CLE Share Ideas. Join a Section Online. Log in to your account at www.gabar.org and select “Join a Section.” Section dues are currently half-off and membership will be valid through June 30.

April 2013 77 Notices

Notice of Motion to Amend the Rules and Regulations of the State Bar of Georgia

No earlier than thirty days after the publication of as set out below; that Georgia Rules of Professional this Notice, the State Bar of Georgia will file a Motion to Conduct 7.5 and 9.4 be amended as set out below; and Amend the Rules and Regulations for the Organization that a new Rule 6.5 be added to the Georgia Rules of and Government of the State Bar of Georgia pursuant Professional Conduct. to Part V, Chapter 1 of said Rules, 2012-2013 State Bar of Georgia Directory and Handbook, p. H-6-7 (hereinafter I. referred to as “Handbook”). I hereby certify that the following is the verbatim Proposed Amendments to Part I, Creation and text of the proposed amendments as approved by the Organization, Chapter 2, Rule 1-202(e) of the Rules Board of Governors of the State Bar of Georgia. Any of the State Bar of Georgia member of the State Bar of Georgia who desires to object to these proposed amendments to the Rules is It is proposed that Rule 1-202(e) regarding Disabled reminded that he or she may only do so in the manner Members in Part I, Chapter 2, of the Rules of the State provided by Rule 5-102, Handbook, p. H-6. Bar of Georgia be amended by deleting the current ver- This Statement and the following verbatim text are sion of the rule and inserting the language set out below: intended to comply with the notice requirements of Rule 5-101, Handbook, p. H-6. (e) Disabled Members. Any member of the State Bar of Georgia who is found to be permanently Cliff Brashier disabled by the Social Security Administration or Executive Director is in the process of applying to the Social Security State Bar of Georgia Administration for such status may retire from the State Bar of Georgia upon petition to and approval by the Executive Committee. Such disabled mem- IN THE SUPREME COURT ber shall hold disabled status and shall annually STATE OF GEORGIA confirm in writing to the Membership Department this disabled status. A disabled member of the State IN RE: STATE BAR OF GEORGIA Bar of Georgia holding disabled status under this Rules and Regulations for its paragraph shall not be privileged to practice law nor Organization and Government be required to pay dues or annual fees. A disabled member may be reinstated to active membership MOTION TO AMEND 2013-1 upon application to the State Bar of Georgia.

MOTION TO AMEND THE RULES AND NEW RULE REGULATIONS OF THE STATE BAR OF GEORGIA (e) Disabled Members. Any member of the State Bar of Georgia may petition the Executive Committee COMES NOW, the State Bar of Georgia, pursuant for disabled status provided the member meets one to the authorization of its Board of Governors at its of the following criteria: midyear meeting on January 12, 2013, and upon the recommendation of its Executive Committee, and pres- (1) the member has been determined to be ents to this Court its Motion to Amend the Rules and permanently disabled by the Social Security Regulations of the State Bar of Georgia as set forth in Administration, or; an Order of this Court dated December 6, 1963 (219 Ga. 873), as amended by subsequent Orders, and published (2) the member is in the process of applying to the at 2012-2013 State Bar of Georgia Directory and Handbook, Social Security Administration for permanent dis- pp. 1-H, et seq., The State Bar respectfully moves that ability status, or; Rule 1-202(e) regarding disabled members be amended

78 Georgia Bar Journal (3) the member has been determined to be permanently disabled or disabled for a period in excess of one year by an insurance company and is receiving payments pursuant to a disability insurance policy, or; Local and Voluntary (4) the member has a signed statement from a medical doctor that the member is permanently disabled or disabled for a period in excess of one year, and Bar Awards unable to practice law.

Upon the Executive Committee’s granting of the member’s petition for disability status, the disabled member shall be treated as an inactive member of the State Bar of Georgia and shall not be privileged to practice law. A member holding disabled status shall not be required to pay dues or annual fees. A disabled member shall continue in such status until the member requests reinstatement by written application to the membership department of the State Bar of Georgia.

II.

Proposed New Rule 6.5 to be placed in Part IV, Chapter 1, Georgia Rules of Professional Conduct

It is proposed that a new Rule 6.5 regarding Nonprofit and Court-Annexed Limited Legal Services Programs be added to Part IV, Chapter 1, of the Georgia Rules of Professional Conduct as set out below: Rule 6.5 Nonprofit and Court-Annexed Limited Legal Services Programs.

(a) A lawyer who, under the auspices of a program sponsored by a nonprofit organization or court, provides short-term limited legal services to a client, normally through a one-time consultation, without Attention all local and expectation by either lawyer or the client that the lawyer will provide continuing representation in the voluntary bars in Georgia, it’s matter and without expectation that the lawyer will time to submit your entries to receive a fee from the client for the services provided: be recognized for all your hard (1) is subject to Rules 1.7 and 1.9(a) only if the lawyer knows that the representation of the client work! The deadline for entry involves a conflict of interest; and this year is May 10, 2013. (2) is subject to Rule 1.10 only if the lawyer knows that another lawyer associated with the lawyer in a law firm is disqualified by Rule 1.7 or 1.9(a) with Visit www.gabar.org for categories respect to the matter. and entry forms. Or contact Stephanie (b) Except as provided by paragraph (a)(2), Rule 1.10 Wilson at [email protected] is inapplicable to a representation governed by this or 404-527-8792. Rule.

(c) The recipient of the consultation authorized under paragraph (a) is, for purposes of Rule 1.9, a former client of the lawyer providing the service, but that

April 2013 79 lawyer’s disqualification is not imputed to lawyers in a short-term limited legal services program will associated with the lawyer for purposes of Rule 1.10. not preclude the lawyer’s firm from undertaking or continuing the representation of a client with inter- The maximum penalty for a violation of this Rule ests adverse to a client being represented under the is a public reprimand. program’s auspices. Nor will the personal disqualification of a lawyer participating in the program be Comment imputed to other lawyers participating in the program. [1] Legal services organizations, courts and various nonprofit organizations have established programs [5] If, after commencing a short-term limited rep- through which lawyers provide short-term limited resentation in accordance with this Rule, a lawyer legal services -- such as consultation clinics for advice undertakes to represent the client in the matter on or help with the completion of legal forms -- that an ongoing basis, Rules 1.7, 1.9(a) and 1.10 become will assist persons to address their legal problems applicable. without further representation by a lawyer. In these programs, such as legal-advice hotlines, advice-only III. clinics or pro se counseling programs, a client-lawyer relationship is established, but there is no expecta- Proposed Amendments to Part IV, Chapter 1, tion that the lawyer’s representation of the client will Georgia Rules of Professional Conduct, Rule 7.5 continue beyond the limited consultation. Such programs are normally operated under circumstances in It is proposed that Rule 7.5 of the Georgia Rules which it is not feasible for a lawyer to systematically of Professional Conduct regarding Firm Names and screen for conflicts of interest as is generally required Letterheads be amended by deleting the struck-through before undertaking a representation. See, e.g., Rules sections as follows: 1.7, 1.9 and 1.10. Rule 7.5 Firm Names and Letterheads [2] A lawyer who provides free short-term limited legal services pursuant to this Rule must secure the (a) A lawyer shall not use a firm name, letterhead client’s informed consent to the limited scope of the or other professional designation that violates Rule representation. See Rule 1.2(c). If a short-term limited 7.1. representation would not be reasonable under the circumstances, the lawyer may offer advice to the (b) A law firm with offices in more than one client but must also advise the client of the need for jurisdiction may use the same name in each jurisdic- further assistance of counsel. Except as provided in tion, but identification of the lawyers in an office of this Rule, the Rules of Professional Conduct, includ- the firm shall indicate the jurisdictional limitations ing Rules 1.6 and 1.9(c), are applicable to the limited on those not licensed to practice in the jurisdiction representation. where the office is located.

[3] Because a lawyer who is representing a client in (c) The name of a lawyer holding public office the circumstances addressed by this Rule ordinar- shall not be used in the name of a law firm, or in ily is not able to check systematically for conflicts communications on its behalf, during any substantial of interest, paragraph (a) requires compliance with period in which the lawyer is not actively and regu- Rules 1.7 or 1.9(a) only if the lawyer knows that the larly practicing with the firm. representation presents a conflict of interest for the lawyer, and with Rule 1.10 only if the lawyer knows (d) Lawyers may state or imply that they practice that another lawyer in the lawyer’s firm is disquali- in a partnership or other organization only when that fied by Rules 1.7 or 1.9(a) in the matter. is the fact.

[4] Because the limited nature of services signifi- (e) A trade name may be used by a lawyer in pri- cantly reduces the risk of conflicts of interest with vate practice if: other matters being handled by the lawyer’s firm, paragraph (b) provides that Rule 1.10 is inapplicable (1) the trade name includes the name of at least to a representation governed by this Rule except one of the lawyers practicing under said name. as provided by paragraph (a)(2). Paragraph (a)(2) A law firm name consisting solely of the name or requires the participating lawyer to comply with names of deceased or retired members of the firm Rule 1.10 when the lawyer knows that the lawyer’s does not have to include the name of an active firm is disqualified by Rules 1.7 or 1.9(a). By virtue member of the firm; and of paragraph (b), however, a lawyer’s participation

80 Georgia Bar Journal (2) the trade name does not imply a connection (e) A trade name may be used by a lawyer in pri- with a government entity, with a public or chari- vate practice if: table legal services organization or any other organization, association or institution or entity, unless (1) the trade name includes the name of at least there is, in fact, a connection. one of the lawyers practicing under said name. A law firm name consisting solely of the name or The maximum penalty for a violation of this Rule names of deceased or retired members of the firm is a public reprimand. does not have to include the name of an active member of the firm; and Comment (2) the trade name does not imply a connection [1] Firm names and letterheads are subject to the with a government entity, with a public or chari- general requirement of all advertising that the com- table legal services organization or any other orga- munication must not be false, fraudulent, deceptive nization, association or institution or entity, unless or misleading. Therefore, lawyers sharing office there is, in fact, a connection. facilities, but who are not in fact partners, may not denominate themselves as, for example, “Smith and The maximum penalty for a violation of this Rule Jones,” for that title suggests partnership in the is a public reprimand. practice of law. Nor may a firm engage in practice in Georgia under more than one name. For example, a Comment firm practicing as A, B and C may not set up a separate office called “ABC Legal Clinic.” [1] Firm names and letterheads are subject to the general requirement of all advertising that the com- [2] Trade names may be used so long as the name munication must not be false, fraudulent, deceptive includes the name of at least one or more of the law- or misleading. Therefore, lawyers sharing office yers actively practicing with the firm. Firm names facilities, but who are not in fact partners, may not consisting entirely of the names of deceased or denominate themselves as, for example, “Smith and retired partners have traditionally been permitted Jones,” for that title suggests partnership in the prac- and have proven a useful means of identification. tice of law. Sub-paragraph (e)(1) permits their continued use as an exception to the requirement that a firm name [2] Trade names may be used so long as the name include the name of at least one active member. includes the name of at least one or more of the lawyers actively practicing with the firm. Firm names If the proposed amendments to the Rule are adopted, consisting entirely of the names of deceased or the amended Rule 7.5 Firm Names and Letterheads retired partners have traditionally been permitted would read as follows: and have proven a useful means of identification. Sub-paragraph (e)(1) permits their continued use as Rule 7.5 Firm Names and Letterheads an exception to the requirement that a firm name include the name of at least one active member. (a) A lawyer shall not use a firm name, letterhead or other professional designation that violates Rule 7.1. IV.

(b) A law firm with offices in more than one Proposed Amendments to Part IV, Chapter 1, jurisdiction may use the same name in each jurisdic- Georgia Rules of Professional Conduct, Rule 9.4(b) tion, but identification of the lawyers in an office of the firm shall indicate the jurisdictional limitations It is proposed that Rule 9.4 of the Georgia Rules on those not licensed to practice in the jurisdiction of Professional Conduct regarding Jurisdiction and where the office is located.

(c) The name of a lawyer holding public office shall not be used in the name of a law firm, or in communications on its behalf, during any substantial The State Bar of Georgia Handbook period in which the lawyer is not actively and regu- larly practicing with the firm. is available online at www.gabar.org/barrules/. (d) Lawyers may state or imply that they practice in a partnership or other organization only when that is the fact.

April 2013 81 Reciprocal Discipline be amended by deleting the (b) Reciprocal Discipline. Upon being suspended struck-through sections and inserting the sections or disbarred in another jurisdiction, a lawyer admit- underlined as follows: ted to practice in Georgia shall promptly inform the Office of the General Counsel of the State Bar of Rule 9.4 Jurisdiction and Reciprocal Discipline Georgia of the discipline. Upon notification from any source that a lawyer within the jurisdiction of the (a) … State Bar of Georgia has been suspended for no less than six months or disbarred in another jurisdiction, (b) Reciprocal Discipline. Upon being suspended the Office of the General Counsel may obtain a certi- or disbarred in another jurisdiction, a lawyer admit- fied copy of the disciplinary order and file it with the ted to practice in Georgia shall promptly inform Clerk of the State Disciplinary Board. Nothing in the the Office of the General Counsel of the State Bar Rule shall prevent a lawyer suspended or disbarred of Georgia of the discipline. Upon notification from in another jurisdiction from filing a petition for vol- any source that a lawyer within the jurisdiction of untary discipline under Rule 4-227. the State Bar of Georgia has been suspended for no less than six months or disbarred in another jurisdic- SO MOVED, this ______day of ______, 2013. tion, the Office of the General Counsel shall may obtain a certified copy of the disciplinary order and Counsel for the State Bar of Georgia file it with the Clerk of the State Disciplinary Board. Robert E. McCormack Nothing in the Rule shall prevent a lawyer suspend- Deputy General Counsel ed or disbarred in another jurisdiction from filing a State Bar No. 485375 petition for voluntary discipline under Rule 4-227. If the proposed amendments to the Rule are adopted, OFFICE OF THE GENERAL COUNSEL the amended Rule 9.5(b) would read as follows: State Bar of Georgia 104 Marietta St. NW, Suite 100 Rule 9.4 Jurisdiction and Reciprocal Discipline Atlanta, Georgia 30303 404-527-8720 (a) …

Proposed Amendments to Uniform Superior Court Rules 8, 17, and 31 At its business meeting on Jan. 24, 2013, the Council Should you have any comments on the proposed of Superior Court Judges approved proposed amend- changes, please submit them in writing to the Council ments to Uniform Superior Court Rules 8, 17 and 31, of Superior Court Judges at 18 Capitol Square, Suite and proposed new rule 48. A copy of the proposed 104, Atlanta, Georgia 30334, or fax them to 404-651- amendments may be found at the Council’s website at 8626. To be considered, comments must be received by www.cscj.org. Monday, July 8, 2013. Notice of and Opportunity for Comment on Amendments to the Rules of the U.S. Court of Appeals for the Eleventh Circuit

Pursuant to 28 U.S.C. § 2071(b), notice and opportu- www.ca11.uscourts.gov. A copy may also be obtained nity for comment is hereby given of proposed amend- without charge from the Office of the Clerk, U.S. Court ments to the Rules of the U.S. Court of Appeals for the of Appeals for the Eleventh Circuit, 56 Forsyth St. Eleventh Circuit. NW, Atlanta, Georgia 30303 [phone: 404-335-6100]. Comments on the proposed amendments may be sub- A copy of the proposed amendments may be obtained mitted in writing to the Clerk at the above address by on and after March 19, 2013, from the court’s website at April 19, 2013.

82 Georgia Bar Journal Classified Resources

Property/Rentals/Office Space SANDY SPRINGS COMMERCE BUILDING, 333 Sandy Springs Cir. NE, Atlanta, GA 30328. Full service building, high-quality tenant profile, great location, well-maintained. (1) Office suites available starting at $595/month; and (2) Law office space sharing available in building currently used by two attorneys. One attorney specializes in transactional law and other attorney specializes in family law. Cost negotiable. Call Ron Winston—404-256-3871

Prime Buckhead location. One or two offices available for sublet immediately. Contact Lauren Larmer Barrett for details—[email protected] or 404-812-0727.

Sandy Springs Law Building for Sale. Beautifully furnished 6579 square foot law building for sale including: two beautiful and spacious conference rooms; law library; two private entrances and reception areas; abun- dant free parking; two file/work rooms; storage room; break room adjacent to kitchen; security system. This brick law building overlooks a pond and is in a great location directly across the street from the North Springs MARTA Station; easy access to I-285 and GA 400; and close to Perimeter Mall, hotels, restaurants, hospitals, etc. Call 770-396-3200 x24 for more information. Practice Assistance Appeals, Briefs–Motions, Appellate & Trial Courts, State, Civil & Criminal Cases, Post Sentence Remedies. Georgia brief writer and law researcher. Over 35 years experience. Reasonable rates. First consultation free. Curtis R. Richardson, attorney; 404- 377-7760 or 404-643-4554; Fax 404-377-7220. Email to Come join us! [email protected].

Handwriting Expert/Forensic Document Examiner. Certified by the American Board of Forensic Document Examiners. Former Chief, Questioned Documents, U.S. Army Crime Laboratory. Member, American Society of Questioned Document Examiners and American Academy of Forensic Sciences. Farrell Shiver, Shiver & Nelson Document Investigation Laboratory, 1903 Lilac Ridge Drive, Woodstock, GA 30189, 770-517-6008.

Forensic Accounting & Litigation Support. CPA since The State Bar is now on Facebook.

1982. Analysis of financial information for commercial www.facebook.com/statebarofgeorgia

April 2013 83 Classified Resources

insurance claims, owner disputes, business litigation, fraud examinations, bankruptcy and nonprofits. Greg DeFoor, CPA, CFE – Cobb County – 678-644-5983 – [email protected].

Security Expert Witness—Premises Liability/ ADVERTISE Negligent Security Expert. Plantiff and Defense. Former Secret Service agent with over 40 years experience covering apartment complexes, condos, res- Are you attracting the right audience taurants, bars, shopping centers, parking lots/garag- for your services? Advertisers are es, buildings, etc. Howard B. Wood, 850-906-0516; www.securcorpinc.com. discovering a fact well known Position Wanted to Georgia lawyers. If you have Personal Injury Attorney—Well-established, success- something to communicate to the ful Atlanta plaintiff’s firm seeking personal injury attorney. Excellent financial opportunity. Collegial, lawyers in the state, be sure that it is professional environment. Great support. Send resume published in the Georgia Bar Journal. to: GBJ at [email protected].

Busy Law Firm Seeks Senior Associate to head Trust Contact Jennifer Mason and Estates Practice Group within our firm. Must have experience in this area of the law. No book of business at 404-527-8761 or required. We are building this practice group from [email protected]. the ground up. Office is located in Fayette County. Compensation is Competitive. Email resume and cover letter to [email protected].

Sole-practitioner attorney with 14 years experience Advertisers Index seeks an associate position with a law firm in North ABA Retirement Funds...... 5 Georgia. Criminal defense and juvenile law are my primary practice areas with some personal injury. Ideal Arthur T. Anthony...... 61 situation is salary-based. Available immediately and BPC Financial...... 63 willing to relocate. I speak some Spanish. 770-893-7273. ESI Roundtable...... 67 Savannah law firm Brennan & Wasden LLP is seeking Georgia Lawyers Insurance Program...... IFC attorneys with 4+ years of experience to assist with its Gilsbar, Inc...... 7 professional liability and business litigation practice Marsh...... 67 groups. Those with deposition and courtroom experience will receive preference. Georgia Bar required. Norwitch Document Laboratory...... 29 Please submit cover letter and resume to Wiley Wasden Old Republic Title Company...... 51 III at [email protected]. SoftPro Corporation...... 55 SunTrust...... 17 Thomson Reuters...... 25, BC University of Alabama School of Law...... 9 Warren R. Hinds, P.C...... 53

84 Georgia Bar Journal 2013 State Bar of Georgia Annual Meeting Marriott Hilton Head Resort & Spa June 20-23 l Hilton Head Island, S.C. Early Bird Cut-off Date: May 24 Hotel Cut-off Date: May 24 Final Cut-off Date: June 7

Meeting Highlights Include: l Opening Night Festival l Social Events l CLE Opportunities l Familiy Acitivies Register Online l Presidential Inaugural Dinner l Programs for Kids & Teens www.gabar.org l Sections & Alumni Events l Exhibits TOM KNOWS TOM CARPENTER THE DIFFERENCE. CITY ATTORNEY’S OFFICE LITTLE ROCK, ARKANSAS “ The WestlawNext search engine makes the difference.”

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