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Shields and Leslie J. Bryan Georgia’s New Expert 24 New Growth Industry: Racing to Georgia Courts Witness Rule: Daubert & More, page 16. Over Non-Competition Agreements By Donald W. Benson and Stephanie M. Bauer Features 32 Bankruptcy Law Changes Will Affect Business Cases Too: The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 Departments By C. Edward Dobbs and Eric W. Anderson 42 From One Georgia to Another 4 Letters to the Editor By Sarah I. Bartleson 6 From the President 46 Judge Rowland W. Barnes Endowment Fund By Lauren Larmer Barrett 12 From the Executive Director 48 Whose Data Is It Anyway? 14 From the YLD President By Jeffrey C. Morgan 56 Bench & Bar 52 State Bar of Georgia: 60 Office of the General Counsel A Record of Legislative Achievement 62 Lawyer Discipline 64 Law Practice Management 66 South Georgia Office 68 Section News 70 Professionalism Page 75 In Memoriam 76 CLE Calendar 80 Notices 94 Classified Resources 96 Advertisers Index Editorial Board Quick Dial Marcus D. Liner Attorney Discipline (800) 334-6865 ext. 720 Editor-in-Chief (404) 527-8720 Robert Henry Beer Ronald Arthur Lowry Consumer Assistance Program (404) 527-8759 Donald P. Boyle Jr. J. Kevin Moore Conference Room Reservations (404) 527-8712 Fee Arbitration (404) 527-8750 Clayton Owen Carmack E. Peyton Nunez CLE Transcripts (404) 527-8710 Erin Reynolds Chance Stephanie Ann Paulk Diversity Program (404) 527-8754 Charles Madden Cork III Cynthia B. Smith ETHICS Hotline (800) 682-9806 Lynda Carney Crum Mary E. Staley (404) 527-8741 Georgia Bar Foundation/IOLTA (404) 588-2240 Diane Lea DeShazo Robert R. Stubbs Georgia Bar Journal (404) 527-8736 David A. Dodd Thomas W. Thrash Jr. Lawyer Assistance Program (800) 327-9631 Bridgette Elizabeth Eckerson Martin Enrique Valbuena Lawyers Foundation of Georgia (404) 659-6867 Law Practice Management (404) 527-8772 John Michael Gross Kristin H. West Membership Records (404) 527-8777 Jennifer Carpenter Kane Pamela Y. White-Colbert Meetings Information (404) 527-8790 Robert Richard Long IV W. Scott Wright Pro Bono Project (404) 527-8763 Professionalism (404) 225-5040 Executive Committee Liaison Sections (404) 527-8774 Laurel Payne Landon Unauthorized Practice of Law (404) 526-8603 Young Lawyers Division (404) 527-8778 Advisor Rebecca Ann Hoelting Manuscript Submissions The Georgia Bar Journal welcomes the submission of Editors Emeritus unsolicited legal manuscripts on topics of interest to the State Bar of Georgia or written by members of the State Rebecca Ann Hoelting, 02-04 Charles R. Adams III, 89-91 Bar of Georgia. Submissions should be 10 to 12 pages, Marisa Anne Pagnattaro, 01-02 L. Dale Owens, 87-89 double-spaced (including endnotes) and on letter-size paper. Citations should conform to A UNIFORM SYSTEM D. Scott Murray, 00-01 Donna G. Barwick, 86-87 OF CITATION (17th ed. 2000). Please address unsolicited articles to: Marcus David Liner, State Bar of Georgia, William Wall Sapp, 99-00 James C. Gaulden Jr., 85-86 Communications Department, 104 Marietta St. NW, Suite Theodore H. Davis Jr., 97-99 Jerry B. Blackstock, 84-85 100, Atlanta, GA 30303. Authors will be notified of the Editorial Board’s decision regarding publication. L. Brett Lockwood, 95-97 Steven M. Collins, 82-84 The Georgia Bar Journal welcomes the submission of news Stephanie B. Manis, 93-95 Walter M. Grant, 79-82 about local and circuit bar association happenings, Bar William L. Bost Jr., 91-93 Stephen E. Raville, 77-79 members, law firms and topics of interest to attorneys in Georgia. Please send news releases and other information to: C. Tyler Jones, Director of Communications, 104 Officers of the State Bar of Georgia Marietta St. NW, Suite 100, Atlanta, GA 30303; phone: Robert D. Ingram President (404) 527-8736; [email protected]. J. Vincent Cook President-elect Disabilities Gerald M. Edenfield Secretary If you have a disability which requires printed materials in alternate formats, please contact the ADA Bryan M. Caven Treasurer coordinator at (404) 527-8700 or (800) 334-6865. Rob Reinhardt Immediate Past President Damon E. Elmore YLD President Headquarters 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 Jonathan A. Pope YLD President-elect (800) 334-6865, (404) 527-8700, FAX (404) 527-8717 Laurel Payne Landon YLD Past President Visit us on the Internet at www.gabar.org. South Georgia Office Communications Committee 244 E. Second St. (31794) P.O. Box 1390 S. Lester Tate III Chairperson Tifton, GA 31793-1390 (800) 330-0446, (229) 387-0446, FAX (229) 382-7435 S. Kendall Butterworth Co-Vice Chairperson Nancy Jean Whaley Co-Vice Chairperson Publisher’s Statement The Georgia Bar Journal (ISSN-1085-1437) is published six times per year (February, April, June, August, October, Communications Staff December) with a special issue in November by the State C. Tyler Jones Director Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, Sarah I. Bartleson Assistant Director Georgia 30303. © State Bar of Georgia 2005. One copy of each issue is furnished to members as part of their State Bar Johanna B. Merrill Section Liaison dues. Subscriptions: $36 to non-members. Single copies: Jennifer R. Mason Administrative Assistant $6. Periodicals postage paid in Atlanta, Georgia and addi- tional mailing offices. Opinions and conclusions expressed in articles herein are those of the authors and not necessar- ily those of the Editorial Board, Communications Committee, Officers or Board of Governors of the State Bar of Georgia. Advertising rate card will be furnished upon request. Publishing of an advertisement does not imply endorsement of any product or service offered. POSTMAS- TER: Send address changes to same address. Don’t Worry About Editor Attacks on the Legal Profession we believe. And generally we are have been on the Board of the only ones with the guts to do it. We run the government, the Governors for over 30 years, churches, the business world, the and active in Bar affairs for military, etc. Every athletic team has I a lawyer, every art museum, every over 40. I am always amazed and recording studio, you name it. Contrary to popular opinion, letters to the amused at the constant and contin- most of us are well read intellectuals uous concerns voiced by members who will jump into the middle of a fray in a heartbeat. of the Bar, that our profession is The average person will never under attack. understand us and will never like us. No one likes anyone who they We have always been under believe is smarter than they are and attack. There is a line in one of can do no harm. Shakespeare’s plays written over If you want to be popular, be a 400 years ago, “the first thing we doctor, a preacher, or the village need to do is kill all the lawyers.” I idiot. If you want to make a differ- might remind you that after all that ence and walk a long, lonely road, time, we ain’t even on the endan- be a good lawyer. gered species list. Someone in France once said, Let’s face it. We as a profession “Everyone loves justice, but a just are never going to win any popular- man has few friends.” ity contests. We are always in the Don’t worry about it. thick of things. We champion unpopular causes because of what Alvin Leaphart August Bar Journal Arbitration Article I began reading with high 1. Arbitration should be limited hopes, but ended with them because “attorneys comfortable dashed.