)HEUXDU\9ROXPH1XPEHU A Special Thank You to Georgia’s Lawyer-Legislators What Deserve?do you Choose professional liability coverage with Georgia Lawyers Insurance Program, and you deserve to be Treated Fairly®. With a continuing presence led by Aubrey Smith, based in the greater Atlanta area, you deserve: Respect for your busy schedule. Aubrey and his team care about your practice, providing personalized attention and quick answers to your questions. They know the pulse of law in Georgia. Freedom from letting go of coverage worries. You buy insurance to cover potential claims and deserve to trust your carrier’s financial stability. ProAssurance Casualty Company pays settled claims promptly and is rated A (Excellent) by A.M. Best. Less hassle. Rely on us to provide unparalleled support—from effective risk management to thoughtful claims counsel. Don’t you want to be Treated Fairly®? Think about it. Call Aubrey Smith today at 866.372.3435 for a free, no-obligation quote, or visit galawic.com. Professional Liability Insurance for Lawyers & Law Firms 2007-2011 5DWHG$ ([FHOOHQW E\$0%HVWå3UR$VVXUDQFHFRP 5 Years Running Quick Dial Editorial Board Attorney Discipline 800-334-6865 Editor-in-Chief ext. 720 404-527-8720 Robert R. Stubbs Consumer Assistance Program 404-527-8759 Members Conference Room Reservations 404-419-0155 Robert Henry Beer Christina Virginia Hendrix Fee Arbitration 404-527-8750 Erika Clarke Birg Michelle J. Hirsch CLE Transcripts 404-527-8710 Diversity Program 404-527-8754 Donald P. Boyle Jr. Michael Eric Hooper ETHICS Helpline 800-682-9806 John Clay Bush Hollie G. 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Adams III, 89-91 The Georgia Bar Journal welcomes the submission of unsolic- Rebecca Ann Hoelting, 02-04 L. Dale Owens, 87-89 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 Donna G. Barwick, 86-87 Submissions should be 10 to 12 pages, double-spaced (includ- D. Scott Murray, 00-01 James C. Gaulden Jr., 85-86 ing endnotes) and on letter-size paper. Citations should con- form to A UNIFORM SYSTEM OF CITATION (19th ed. 2010). William Wall Sapp, 99-00 Jerry B. Blackstock, 84-85 Please address unsolicited articles to: Robert R. Stubbs, State Bar of Georgia, Communications Department, 104 Marietta Theodore H. Davis Jr., 97-99 Steven M. Collins, 82-84 St. NW, Suite 100, Atlanta, GA 30303. Authors will be notified L. Brett Lockwood, 95-97 Walter M. Grant, 79-82 of the Editorial Board’s decision regarding publication. Stephanie B. Manis, 93-95 Stephen E. Raville, 77-79 The Georgia Bar Journal welcomes the submission of news about local and circuit bar association happenings, Bar members, law firms and topics of interest to attorneys in Officers of the State Bar of Georgia Georgia. Please send news releases and other informa- Kenneth L. Shigley President tion to: Sarah I. Coole, Director of Communications, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303; phone: Robin Frazer Clark President-Elect 404-527-8791; [email protected]. S. Lester Tate III Immediate Past President Disabilities Charles L. Ruffin Treasurer If you have a disability which requires printed Patrise M. Perkins-Hooker Secretary materials in alternate formats, please contact the ADA coordinator at 404-527-8700 or 800-334-6865. Stephanie Joy Kirijan YLD President Headquarters Jonathan B. Pannell YLD President-Elect 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 Michael G. Geoffroy 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 Jay Cook Co-Chair 244 E. Second St. (31794) P.O. Box 1390 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 2011. 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. 18 February 2012 Volume 17 Number 5 GBJ Legal Departments 26 12 4 From the President The Sophisticated User 10 From the YLD President Defense: It’s Not Just for Drug 38 Bench & Bar Companies Anymore by Andrew M. Thompson 42 Office of the General Counsel 18 44 Lawyer Discipline The Confirmation 48 Law Practice Management Resale Conundrum by Justin Lischak Early 50 Section News and James B. Jordan 52 Member Benefits 54 Writing Matters 42 GBJ Features 56 Professionalism Page 26 58 In Memoriam 2012 State of the 60 CLE Calendar Judiciary Address by Chief Justice Carol Hunstein 66 Notice 71 Classified Resources 32 72 Advertisers Index Military Legal Assistance Program Aid Tops 500 in Two Years by Norman E. Zoller Cover Photo: State Bar President Kenneth L. Shigley pictured 48 with lawyer-legislators in the Georgia General Assembly. (Left to right, bottom row) Rep. Larry O’Neal; Rep. Rich Golick, chairman, House Judiciary (Non-Civil); Speaker of the House David Ralston; Rep. Wendell Willard, chairman, House Judiciary; Rep. Edward Lindsey; Rep. Roger B. Lane, chairman, Legislative & Congressional Reapportionment. (Second row) 56 Sen. Jesse Stone; Sen. Ronald B. Ramsey Sr., chairman, Urban Affairs; Sen. Bill Hamrick, chairman, Senate Judiciary; Kenneth L. Shigley, president, State Bar of Georgia; Sen. Curt Thompson, chairman, Special Judiciary; Sen. Joshua McKoon. (Third row) Sen. John Crosby, chairman, Ethics; Sen. Jason Carter; Sen. Bill Cowsert; Sen. William T. Ligon Jr.; Sen. Charlie Bethel, chairman, Reapportionment and Redistricting. (Fourth row) Rep. Mike Jacobs, chairman, MARTOC; Rep. Mary Margaret Oliver; Rep. Mark Hatfield; Rep. Dar’shun Kendrick; Rep. Doug McKillip; Rep. Elly Dobbs. (Fifth row) Rep. B. J. Pak; Rep. Matt Ramsey; Rep. Dustin Hightower; Rep. Elena Parent; Rep. Stacey Evans; Rep. Andrew J. Welch. (Sixth row) Rep. Alex Atwood; Rep. Doug Collins; Rep. Scott Holcomb; Rep. Jay Powell; Rep. Billy Maddox, chairman, Code Revision; Rep. Christian Coomer. Not pictured: Rep. Stacey Abrams; Rep. Stephen Allison; Rep. Stephanie Stuckey Benfield; Rep. Rick Crawford; Rep. Pam Stephenson; Rep. Tom Weldon; Sen. Judson Hill, chairman, Government Oversight. Cover photo by Peter Stokes Media From the President by Kenneth L. Shigley Independent Courts as Economic Infrastructure third of a century trekking between The centrality of courts in American life is obvious when you drive down a two-lane blacktop into the typi- Georgia courts, first in a single rural cir- cal county seat town. On a square near the intersection of main roads stands a Neoclassical/Greek Revival/ cuit and then more or less statewide, has Colonial/Victorian/Romanesque/Beaux-Arts/Classical A structure built in the 19th or early 20th century. A few made me a minor connoisseur of courthouses, the most burned and were replaced by structures for which surely no architect would claim credit, visible physical infrastructure of the but many old courthouses have “Economic theory been beautifully renovated. In a judicial system. I have tried cases in number of growing counties the generally supports the historic courthouse on the square a courthouse across the street from a has become a museum, replaced by a larger and more efficient “jus- railroad track where cross-examina- idea that high-quality tice center” several blocks away. However, the centrality of the tion was frequently interrupted by courts and judicial courthouse is still marked by the historic placeholder. passing freight trains. In courthous- independence facilitate Before the American Revolution, when power resided with distant es where birds flew through open economic growth.” officials in London, the functions of local bailiffs (who sometimes windows and found perches near acted as judges then rather than security guards), magistrates and justices of the peace— the high courtroom ceiling and in courthouses that would often illiterate and lacking even rudimentary legal train- ing—were carried out in the informal settings of homes, have been a great movie set for “To Kill a Mockingbird.” taverns, churches or meeting halls.