Vol. XXI Fall 2016 No. 1 (L-R) Chairman, William F. “Trey” Underwood, III presents the 2016 Tradition of Excellence Awards at the Section Breakfast June 17th at the Omni Amelia Island Plantation Resort to Judge Michael L. Murphy, Buchanan (judicial); John W. Timmons, Athens (general practice); John A. Dickerson, Toccoa (defense); and William S. Stone, Blakey (plaintiff) MARK YOUR CALENDAR NOW for the 17th Annual GENERAL PRACTICE and TRIAL SECTION INSTITUTE MARCH 16, 17, 18, 2017 to be held at King and Prince Hotel St. Simons Island Chairman: William F. “Trey” Underwood, III GENERAL PRACTICE AND TRIAL SECTION STATE BAR OF GEORGIA Vol. XXI Fall 2016 No. 1 “Georgia’s Largest Law Firm” EDITOR David A. Sleppy ARTICLES EXECUTIVE DIRECTOR n Letter to the Membership from Incoming Chairman Betty Simms Kristine Orr Brown 2 2016/2017 OFFICERS Kristine Orr Brown n Remarks from Outgoing Chair Chairman William F. Trey Underwood, III. 4 Paul W. Painter, III Chairman-Elect Robert S. Register n 2016 Tradition of Excellence Awards Secretary/Treasurer William F. “Trey” Underwood, III John A. Dickerson Immediate Past Chair Introduced by Dennis Cathy 5 2016/2017 BOARD MEMBERS John W. Timmons Carl R. Varendoe Introduced by Jennifer Riley 8 Amy Purvis Holbrook Ivy Cadle Judge Michael L. Murphy Jennifer Riley Introduced by Bill Lundy & Karen Wilkes 13 Dawn M. Jones Judge Chris Edwards William S. Stone Thomas E. Cauthorn Introduced by Jim Butler 18 Senator Blake Tillery Judge Chan Caudell Ray J. Doumar n 2015 Tradition of Excellence Breakfast and Reception 22 Chandler Bridges Danny Griffin n Tortious Misconduct: James “Wick” Cauthorn A narrow exception to the general rule of corporate Kenneth L. Shigley Robert O. Bozeman immunity from liability for slander committed William Parker Sanders by employees Zahra Karinshak Christopher C. Edwards and Erich Schultheiss 24 TRUSTEES n Providing Business Advice to a Albert Fendig, Jr. William F. Underwood, Jr. Healthcare Client can be the Good Deed that Paul M. Hawkins Joe A. Weeks will not go Unpunished John C. Bell, Jr. Mark Dehler John T. Laney, III John W. Timmons J.D. “Randy” Dalbey 34 Robert P. Wilson Sally Akins Thomas Wm. Malone Cathy Harris Helms Paul D. Hermann Jefferson “Cal” Callier Rudolph Patterson S. Lester Tate, III James B. Pilcher Wright Gammon John E. James Myles Eastwood Verlyn C. Baker Mary A. Prebula Calendar Call is the official publication of the General Practice and Trial Section Paul W. Painter, Jr. Adam Malone of the State Bar of Georgia. Statements and opinions expressed in the editorials Joel O. Wooten, Jr. William P. Langdale,III and articles are not necessarily those of the Section of the Bar. Calendar J. Sherrod Taylor Joseph A. Roseborough John M. Hyatt Darren W. Penn Call welcomes the submission of articles on topics of interest to the Section. James H. Webb, Jr. Laura Austin Submissions should be doublespaced, typewritten on letter-size paper, with the Judge Bonnie Oliver Nicholas J. Pieschel article on disk or sent via e-mail together with a bio and picture of the author William L. Lundy, Jr. and forwarded to Editor: David A. Sleppy, 649 Irvin St., P.O. Box #689, Cornelia, GA 30531, [email protected]. Published by Appleby & Associates, Winston, Georgia. 1 LETTER TO THE MEMBERSHIP FROM INCOMING CHAIRPERSON: Kristine Orr Brown Gainesville law practice in 1995, assist individuals who Georgia it was truly a “general” practice. Legal Services (“GLS”) is unable Over the years, he had handled to assist due to the legal matter cases from divorce to zoning involved or the lack of avail- to employment law to person- able resources. Many people al injury, and the list goes on. throughout the State who other- While my practice is now large- wise would not have the oppor- ly specialized in employment tunity to receive legal advice are law, membership in the Gen- helped by the volunteers. This eral Practice and Trial Section is year, Ask-A-Lawyer Day will beneficial for multiple reasons. be held on October 27, 2016 in The Section offers a very strong each of the cities in which GLS seminar schedule concerning has an office, as well as Young trying cases and a variety of Harris and Valdosta. The areas seminars concerning specific of law being covered this year areas of the law. The Section are: records restrictions, family, also offers an annual seminar consumer, and landlord tenant. for those new to the practice During the course of the year, of law. Section membership is I hope to increase membership I am honored to serve as Chair- diverse as to areas of law prac- use of the Section listserv. Like man of the State Bar of Georgia’s ticed and location in the state. me, many members may not General Practice and Trial Sec- Getting to know attorneys from have known that we have a list- tion this year. It has been a true around the state who one might serv because it has not been uti- privilege to serve on this board not otherwise meet through lized. However, I believe such since 2009. I have learned much specialized groups or list-serves a listserv could be helpful to from past Chairmen, fellow provides a great resource when many section members. Joining board members, and Executive one needs to refer a potential cli- this section is very affordable Director Betty Simms, and hope ent or is faced with a situation and the listserv would economi- to continue the Section’s good in one of his or her cases that cally provide access to a wide- works during the current year. is outside that attorney’s nor- ranging group of attorneys for Thank you to Trey Underwood mal practice area(s). The Sec- purposes of advice or referrals. for his excellent leadership last tion provides a great vehicle for Access to attorneys experienced year. The Section membership presenting legislative proposals in so many areas of the law appreciates all the time and en- to the State Bar seeking its sup- is likely not possible through ergy Trey dedicated to ensuring port for legislation. The Section practice specific listserves. The the Sections continued success. also provides an opportunity Board is beginning the process I have benefited greatly for pro bono work through its of creating listserv guidelines from membership in this Sec- yearly Ask-A-Lawyer Day event and updating membership ac- tion. When I joined my father’s in which attorneys volunteer to cess. I look forward to reintro- 2 ducing the listserv upon com- fies the membership’s needs. gentleman. One can learn much pletion of those tasks. I would like to conclude by from such accomplished law- The Board also plans to sub- congratulating this year’s Tradi- yers. I encourage all members mit a survey to the membership tions in Excellence winners, John to attend this event in the future. concerning preferences for the Dickerson, The Honorable Mi- I am looking forward to the annual Trial Institute, includ- chael Murphy, John Timmons, year ahead. Please contact me ing questions regarding location and Bill Stone. It was such a at kbrown@orrbrownandbillips. and the factors considered in pleasure attending the Tradition com or 404.492.8686 if you have any deciding upon attendance. We of Excellence Breakfast at the suggestions or questions regarding hope that the results will better State Bar Annual Convention the Section. enable the Section to plan the In- and getting to hear the wonder- stitute in the way that best satis- ful personal stories about these EVENTS TO WATCH FOR January 6, 2017 The General Practice and Trial Section Mid year Luncheon to be held at the Ritz Carlton Hotel in Buckhead January 13, 2017 Jury Trials Co-Chairs Rob Register and Nick Pieschel March 16-18, 2017 The 17th General Practice and Trial Section Institute to be held at the King and Prince Hotel, St. Simons Island. Chair Trey Underwood 3 William F. Trey Underwood, III Section Chair REMARKS FROM OUTGOING CHAIR Tempus Fugit: The English trans- it can be, and, if you haven’t Excellence Awards to this year’s lation for this Latin phrase is “time participated previously, I would recipients, Judge Michael Murphy, flies.” There is a clock in my house encourage you to participate in this John Timmons, Bill Stone, and which my grandfather built, and worthwhile pro bono project. John Dickerson. The Tradition the clock bears this Latin phrase. Like clockwork, our Section once of Excellence Breakfast is always Tempus fugit aptly describes my again this year sponsored and an inspiring morning. The “war time as the Chair of the General co-sponsored a number of well stories” told by the recipients and Practice and Trial Section. The past attended continuing legal education their introducers always give the year has passed quickly. When seminars. Immediate Past Chair, audience a refreshing stimulation I first became Chair of the Sec- Nick Pieschel put together a great to go back out and continue the tion at last year’s annual meeting, lineup of speakers at this year’s fight for our clients. This year’s I was honored but felt a bit over- General Practice and Trial Section breakfast proved no different. whelmed. Fortunately, our Execu- Institute at Amelia Island. Rob Lastly, I would like to thank my tive Director, Betty Sims, and my Register, our new Secretary/ fellow Board members, Immediate- fellow Board members made the Treasurer, served as Chair of our Past Chair Nick Pieschel, and, of job of chairing the section one of popular Jury Trial seminar once course, Betty Sims, without whom relative ease. again, and the attendance at that our Section could not thrive.