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SOLID & ~@@@mm@ ~[r@@~ o@@ Automobile Insurance Law by Davenport ©1989 Criminal Offenses & Defenses in Alabama by Ch,arkas, Ch,arkas, & Veigas ©1982 Criminal Trial Practice 2nd Ed. by Ch,arkas ®1988 Criminal Trial Practice Forms 2nd Ed. by Chiarkas ®1988 Divorce, Alimony & Child Custody w / Forms 2nd Ed. by Mccurley & Davis ©1988 Evidence by Schroeder, Hoffman & Thigpen ®1987 Equity 2nd Ed. Ti/ley·s by Hansford©1985 Law of Damages 2nd Ed. by Gamble © 1988 Limitations of Actions & Notice Provisions by Hoff©1984 REVISED/ Workmen's Compensation w/Forms 2nd Ed. by Hood, Hardy & Saad ©1990 EXPANDED! • Including Current Supplement, if applicable e BONUS OFFER Buy any 2 of the above li li es and receive 7 % OFF the TOTAL RETAIL PRICE, or any 3 - 9 % OFF, or any 4- 12 % OFF, or any 5 - 15 % OFF. or any 6 - 20 % OFF THEM HARRISONCOMPANY , PUBLISHERS 3 1 10 Cros sing Park• P O Bo.: 7500 • Norcross . GA 30091 -7 600 90-K9 The Alabama Lawyer The Alabama awyer In VOL 52, NO. 1 JANUARY1991 Brief ON THECOVER - ~ Crv,IR,p Momo,..i. ~•;d ,n Monqjom<,y on "1egrounds ol lhe Soud,em Pt,vertyUlw Center.w•• dod1c.11ed In • P<Jbllcce<emony NO\'ombe< 5. 1989. Th!,do<igne, or 1h• memonal. archltl'C'I Maya Un, dm.cr!~ ii as follows: ..Se r in a Plaz.a:,1he granite sable records 1henarol!S of forty martyrs or 1hc efvll rights move-i11en1and chronlde!+1he his1ory or lhc.•llmes In lfnM thiil mdiate:Il k, 1l'Wlhllnds of a clock~ WtlfCfemersing from th~ r..btt''.\ center nowsevenly .icross1he wble's top over the ln~rlpdons. INSIDE THIS ISSUE- ------------- ­ Modifying Child Custody Decisions Because of Indiscreet Sexual Behavior- Changing Times and an Elusive Standard 3 6 -b y Randall W. Nichols ........................... ... The detl!fminarion of awarding or child cusiody involves difficult decisions. Whal im­ pact should indiscreet sexual behavior have on this decision-making process? Bank Customer Privacy in Alabama 0 -by Bradley R. Byrne ............................... 4 The Inherent right or privacy or a customer's banking transac11onsmay not be as sacred as many believe. Medicare as a Secondary Payer Where Services Are Reimbursable Under A~;mJ~~e ;:!~t!~a'.'. ~-~~a·u·lt· ~~ ·a·n·y· ~i~~'.I'.~.'.~s~~~~~~ .. .... 46 Medic.are has ce11ainsubrogation and equi1able rights ol reimbursement for medical benefits provided by it. Theserights or Medicare should be considered before settlements arc reached wirh insurers. President's Page . 4 CLE Opponunittcs 32 £xecu1weDirector's Repon S Lcglslalive Wrap-up 50 11;,r Briefs . r, Recent Decisions ........ 51 AboutMembers. Among Finns . 10 Opin ions of the General Counsel 57 Building Alabamo's Courthouses •••• 12 Memorials. ..• 60 Dedi cation/Vance Federal Building. 15 DisciplinaryReport ....... 61 Remartcs/Admissions Cetemony 18 Young Lawyers· Section . • . 62 New Adminees 19 ClassifiedNotices 63 Ah1ban1aS 1a1e 8ar Ht.adqui,,rtersStaff P.O. Box 671 • 41S Oc"ter Avenue • Montgomery, Al.tbJmJ 36 10 1 (205) 269- 1St 5 bK\IIM! D1re<:t.or .R•gmald T. Hamn., , 0.E MCll & Commt""' 5«,etary . o;..,. Wcldon OI....,,.,.ol Progr.am, • Koidi B Norman An.:tncial Secre.Llry G~le Skinner E>tecu11veMSimnt . MJrg.,re1 Boone Lowy,,, Referral S.Crei•ry... • Joy Meininger PubUcalions Olrec:101 . , M;ira.,1rttMurphy Crapl,lc Arts SupetVl,or .. M>l)gleS tuller AdmissionsSe<:retMy ..• N0tm• J. Robbins IOLTA Diroctor. Trocy O,nlef M~mberlhipServi c~ All«: Jo Hendrix Rec<Ptlonisi E,..tyn McCulloch AlobamaSt.a .. Bv Cen1erfor Proression.11Responsibilh y nw Abb.llN U-,f't .. P'l~i~ M."W1t,1mn • ',11!11b 1019 South Ptrry Street • Monll!Offlery, Alabo.,., J6104 US per Y"• kl itll"Un!IINJ 5cl 11Ji -,Id l.XI Pllb!dl! ltlC! (205) 269, 1515 \MlltcfSt.ll !~by ltl1tAi.ti.ma St.lcr~. <415Oir\lttAW'­ ~ Mclr'I~. M. J'104 Sfn~ h""°' ~ S1. pl..,. flCll&4C'forN~""' ll'lflSJ.Sbb~ .s.tc.,d, C..,.,.I Counsel Robert W Nonis Admlmsir.uive St.all.• • V,v,iln Freet"l'\ikn ci... cm.t,p,,... • , .... 4V,. Al Assost.antGenorol CO\lnoel•• i Anltiony Md.ain Ruth Slri<kl.lnd POSlmaSler: Sendaddress changes to A»k11n1 General COl!Mcl L Ctlbttt Kendndt; Chetvl Rankin The Alabama lawyer, P.O. Box Aui;i,n1 Ge,,er,11Coun'lel. Millon L MOS$ Boonlr Mainor 4156, Montgomery, AL 3610 1. 2 /anuary 1991 ~LABAMALAWYERS SERVING ABAMALAWYERS President'sPage Pro bono publico: programs. Others feel that this should be For the publi c good considered a requirement of a lawye(s admission to pr&Cticeand that delivery he PtOllidingof freelegal services of free legal services to the poor should to the poor has long been referred be mandatory (or those who are given T to as our profession's highest call­ the privilege or earning a living by prac­ ing. The Alabama State Baris launching ticing law. Yourstate bar has taken a dif­ an excitingnew program that wfll allow ferentapp,oact, , and that brings us to the us to expand such services in an organ­ Alabama State Bar \blunteer Lawyer ized manner, on a statewide basis. It is Program. called the Volunteer Lowyer Program, Our CommiUeeon Accessto Leg;ilSer­ and I want to share some thoughts about vices believes that when the lawyersol It with you. First. a little background. this state are made aware of the great Lawyers, more than any other profes­ needs in this area and given an oppor­ sion, have always been In the forefront tunity to help they wllI wholeheartedly of giving themselves 10 community ser­ respond. Last summer the board or bar vice. Look at civic clubs, United Fund commissionersappro--ed the committee's drives, municipal boards. little League recommendation for a coordinated ap­ and Scouung programs, and numerous pro.1Chto this problem, basedon enlist­ other civic endeavors and you will see ing volunteer lawyers throughout the lawyers, giving freely of their spare time state, and endorsed an application for to help make life beuer for others- IOLTAlunds to hire a state coordinator. Most lawyers are also generous with ALBRlTION The firststep In making this Important their professionaltime ,n cases of need. new program a reality has now been Free legal services to non-profitcorpora- taken. I am happy to announce that with tions or various types a re a common occurrence, and ii IOLTAfund ing. MelindaWaters of Montgomery,a member is rare for a lawyer10 practice very long without develop­ of the state bar, has been hired as the coordinator of the ing a number of "pets" who cannot afford a lawyer but \blunteer LawyerProgram. Her initial task will be to a<ga­ who kna.v where they c.,n go for legal advice, without nize the program on a statewide basis, workingwith exist· charge and without fanfare. Ing local pro bono organizations and developing a Legal Services Corporation provides a network of free structure for delivery of needed services where no local attorneys for the poor throughout the country, including organizationscurren tly exisL Ne,t will come recruitment many hardworkingattorneys in Alabama, paid (or by fed­ o( voluntee,;. eral tax dollars and grant5. Pro bono programs are in exis­ This effort is an excellent example of how diflerent seg­ tence through local bar sponsorship in Mobile, Mont­ ments of our organized bar work together for the public gomery, Huntsville, Birmingham, and Tuscaloosa. good: several years or hard work by n dedicated commit­ It might surprise many or you 10 know, however,tha t a tee resulting in a plan, consideration and approval of the statewide survey conducted In 1989 by a professionalre­ plan by the board of commissioners, and funding made search firm on behalf of the Alabama State Bar Commit­ possible by the directors of the Alabama Law Foundation tee on Accessto LegalServices concluded that there e,usts and lawyerswho ha11emade their trust accounts a pan of In Alabama a vast amount of legal needs of the poor not the bar's IOLTAprogram. being adequately met by our current SY5iem. The survey The success of this new program, of course, will ul­ also found that many of the poor do not even recognize timatelydepend on ~. Excitingin concept. the \blunreer problems ihey are experiencing to be legal problems for Lawye, Program has now ma.-ed Into the organizational which there may be solution. stage.You will be kept fully informed of details as the pro­ Certainly,th e poor will alwaysbe with us, butthat does gra111develops. When the time comes for recruitment of not mean that we should close our eyes1 0 their needs. volunteers I believe that you will want to be a part. And, Some feel that meetingthese needs is primarily a respon­ throughbeing a pan, you will be acceptingthe opportunity sibility of the lederal government and that this should be to make a personal contribution to our profession'shigh­ done by a great new influxof federal money into existing est calling-pro bono pub/ico. • ExecutiveDirector's Report Let's Do It! "The bar can and must render more and a buildingitse lf can solve any of the prob­ improved services to I.he practicing at­ lems that face us.