Birmingham Bar Association Bulletin Spring 2023

Message from the Executive Director

Published for the Birmingham Bar Association by Starnes Media

2023 Officers of the BBA

Marcus M. Maples, President

Sharon D. Stuart, President-Elect

Ashley R. Peinhardt, Secretary/Treasurer

Allison O. Skinner, Immediate Past President

Jennifer B. Bates, Executive Director

2023 BBA Executive Committee

Robert E. Battle

Rebecca A. Beers

Anna M. Carroll

Pooja Chawla

A. David Fawal

Welcome to 2023! It’s going to be a great year for the Birmingham Bar Association and you, our members.

It is true that your Bar is undergoing some changes this year. First, our dear, dear friend and colleague, Dana Thomas, has retired.

We miss Dana tremendously, but please know how much she enjoyed working with all of you and how grateful she is for your friendship and kindness throughout her more than 40 year career.

Dana is now enjoying time with her family, including her husband, mother, children and grandchildren. If you know Dana, you know that devoting more time to her family gives her the greatest joy in life.

The other major change for the BBA is our move to a new office space. We look forward to welcoming you to our new space very soon. As soon as we get settled, we will invite you all over to see your new home.

Thank you for your membership! We are looking forward to a bright future for the BBA!

Jennifer B. Bates Executive Director

Susan N. Han

Tina Lam

Virginia E. Miller

Ryan P. Robichaux

Janine L. Smith

Tripp Watson

Judge John E. Ott, ADR Section

Andrew J. Shaver, Bankruptcy/Commercial Law Section

Katie M. Kimbrell, Business Law Section

Paige West, Criminal Justice Section

Robin B. Mark, Federal Practice Section

C. Burton Dunn Jr., Probate Section

Leslie W. Rubio, Solo/Small Firm Section

Sylvion S. Moss, Women Lawyers Section

William Hassinger, Workers Compensation Section

Stanley Blackmon, Young Lawyers Section

Christopher Burrell, Magic City Bar Association

Sigfredo Rubio, ASB Commissioner

Birmingham Bar Association

P.O. Box 37

Birmingham, AL 35201 205-251-8006

birminghambar.org

jbuettner@birminghambar.org

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Dana Thomas with Alyssa Prater, Jennifer Bates and Nick Callahan at the 2018 Picnic.

YOU COULD BE MAKING MORE MONEY. WE CAN HELP.

LET’S TALK ABOUT THIS GUY

From the President

Serving as the President of the

Birmingham Bar Association is the one of the highest honors of my professional career. When my tenure is complete, I want this year to be remembered as one that established a new initiative designed to increase the number of persons of color who are successful in obtaining a law degree. In addition, I want you to remember this year as one where the BBA assisted you with significant career growth, got you more involved with BBA programs, and gave you greater opportunities to serve the community.

I am so pleased that you are joining me in these endeavors, and I am eager to work alongside you as we all serve our clients and our communities. Here is a bit of what is in store for you this year.

STUDENTS TODAY | LAWYERS TOMORROW

Through my Presidency, the Birmingham Bar Association is launching a new initiative called Students Today | Lawyers Tomorrow that will serve as a pipeline program to give students in Birmingham City Schools the opportunity to pursue a legal education.

So much great work has been done by law firms and individual lawyers to break down barriers for persons of color to become lawyers, but there is still much progress to be made. My new Students Today | Lawyers Tomorrow initiative is a collaborative and engaging way to further these existing efforts. Partnering with law firms and Judges, we will create a pipeline that enables a wider range of students to realize the goal of becoming a lawyer.

Over the past few months, I have been building a mock trial program in coordination with the Birmingham City Schools, the Courts, and a number of law firms. In particular, Bradley, Cory Watson, Hare Wynn Newell & Newton,

Heninger Garrison & Davis, and Lightfoot

Franklin & White have pledged support for this effort by agreeing to adopt a school and send lawyers into classrooms to prepare students for a mock trial competition. In addition, the Tenth Judicial Circuit and the U.S. District Court for the Northern District have agreed to hold mock trial competitions in their courtrooms.

I hope you will want to play a role in this program as we move toward making the legal profession more accessible for all students who want to pursue a law degree and who need guidance on how to enter the legal field. Join me in this initiative and we will raise up a generation of lawyers who will protect their communities, grow their communities’ resources, and generate innovation in ways that have yet to be seen.

BBA ACTIVITIES CENTERED OUR MEMBERS

While I am very excited about the Students

Today, Lawyers Tomorrow initiative and its promise for the future of our profession, I am equally committed to ensuring that you, our members, have a high quality experience as Birmingham Bar members. We will continue to offer a wide array of benefits that will enhance your practice and help you succeed in your legal career.

To begin, members will have the ability to earn well over their 12 hours of CLE credit for free this year. Please be on the lookout for email updates about CLEs and continue to check the BBA calendar for live in-person and Zoom CLEs on a range of topics.

As a lawyer, building networks and strengthening relationships with colleagues is essential to having a successful career. The BBA offers a number of ways for you to connect with other lawyers and Judges — people you already know and others who are new to you.

Above: Marcus with his family at the Annual Meeting.

Left: Marcus with Judge John England.

For example, in January and February, we hosted our Coffee with the Judges events where members socialized while enjoying coffee and breakfast. Events like these make us better at our jobs because we gain a stronger working relationship with our colleagues and a greater respect for one another. We will have more Coffees as the year progresses and I hope

you will attend them regularly.

Likewise, our Happy Hour Social events provide a setting conducive to networking and building professional relationships. If having coffee and breakfast in the courtroom is a good way to get to know your colleagues, then enjoying a beer or glass of wine with your peers at a local brewery or bar is an equally

Everything You Imagined Your Office Could Be.

valuable way to connect.

We are also continuing our Get to Know Birmingham series because it was such a popular program, and we want BBA members to be knowledgeable about and emersed in our community. The first of our Get to Know Birmingham events was a celebration of Black History Month at Abroms-Engel Institute for

Marcus with BBA Veterans Mike Edwards, Sam Rumore and Judge John Carroll.

Marcus and Kwoya Maples with Judge Brown and his wife, Betty, Gaile Gratton Greene and her husband, Reginald.

Visual Arts on UAB’s campus where we toured two amazing art exhibits. In late February, we visited Innovation Depot where we learned what’s going on there and at The Switch, the city’s newest entrepreneurial hub. In April, we will visit The Women’s Foundation to learn how this organization is promoting economic development by accelerating opportunities for women in our community.

On May 3, we will host our annual Law Day celebration, this year focusing on the theme of Cornerstones of Democracy: Civics, Civility and Collaboration. I have asked Judge Chuck Price and Price Evans to serve as the chairs of 2023 Law Day, and they are planning two signature events that you won’t want to miss.

I want to encourage you to join one or more of the BBA’s Sections this year. Our Sections are led by exceptionally talented and devoted members, and I am very proud to have the privilege of working with them. Participating in a Section is an excellent way to develop your network, make long-term friendships, take on leadership roles, earn CLE credit, serve the community, and enjoy so many more benefits. This year’s Section Chairs are:

► Judge John Ott – ADR Section

► Andrew Shaver – Bankruptcy and Commercial Law Section

► Katie Kimbrell – Business Law Section

► Paige West – Criminal Justice Section

► Robin Mark – Federal Practice Section

► Burton Dunn – Probate Section

► Leslie Rubio – Solo/Small Firm Section

► William Hassinger – Workers’ Compensation Section

►

Please reach out to these BBA leaders and let them know that you want to get involved. Also, we have a number of Committees that are planning great programs and events for our members. The leaders of our Committees are featured on pages 18-22 of this issue. Joining a Committee is a great way to stay involved even when you do not have much time to commit.

WHAT KEEPS ME GOING

Before wrapping up, I want to introduce you to my family, since they are such an important part of my life. Pictured on page 8 are my wife, Kwoya, and my daughters, Eden, Vivienne and Maya. They are the energizing force behind all that I do, and they keep me going during hectic work days.

Thank you for your membership in the BBA. I hope you will get involved and stay involved throughout the year and into the future. Your membership will be a rewarding and fulfilling experience.

I look forward to seeing you this year.

► Sylvion Moss – Women Lawyers Section

Stanley Blackmon – Young Lawyers Section

Left: Marcus with Kevin Patton

Above: Executive Committee members. Below: MCBA President Joel Caldwell, Allison Skinner, Marcus Maples.

Upchurch Watson White & Max Mediation Group

» Philip Reich served as Presiding Circuit Judge for over 20 years and presided over more than 25,000 cases, including over 500 jury trials.

» He graduated from the University of Alabama School of Law and practiced law, focusing on litigation, for 15 years.

» Philip has been a registered mediator with the state since 2009 and has mediated cases involving partnerships, corporations, construction claims, real estate disputes, estate and will contests, products liability, personal injury, and many other matters.

Get to Know These Birmingham Bar Association Members

Get to Know the recipients of the Birmingham Bar Association’s 2022 Lifetime Achievement Award and L. Burton Barnes III Public Service Award

Get to Know BBA Member Linda A. Friedman

In 2022, Linda A. Friedman was selected to receive the Birmingham Bar Association’s Lifetime Achievement Award for her service to the Bar, her service to the community, state and nation, and her professional achievements as a practicing attorney. Linda’s achievements are remarkable and we want you to get to know her in these pages.

Q: What do you believe are your most significant accomplishments in life?

A: I am fortunate to have built a meaningful and fulfilling life in Birmingham, through my career, family and community involvement, given that my husband and I are Yankees, without any Alabama family, friends or other connections when we moved to Birmingham in the mid 1970s. My first job here was a one-year clerkship with Judge Sam C. Pointer, Jr. After the clerkship, I had opportunities to join law firms in New York and Atlanta where I had clerked during law school. Although Birmingham initially seemed like an insular place where

success depended on a person’s family and friends who attended the same schools and churches, Doug and I found that many people here welcomed us and helped us build our own network socially and in business.

Although we came here as outsiders, I was invited to join the firm that was then Bradley Arant Rose & White, where I worked for more than 44 years, and Doug, over time, developed connections and legal experience that allowed him to develop his own law practice and eventually establish the law firm where our daughter Jessica now works and manages.

But all of this led to what I consider the most significant accomplishment, which was successfully raising our daughters Jessica and Rachel, despite the lack of any family here. Because of our short commute, we were able to work, attend their school functions, and be together as a family for dinners and evenings.

In my career, my most significant accomplishment may be having been at the ground level of the formation of an

intellectual property practice team at Bradley which has grown to a group of lawyers, now in several states, who offer the full scope of IP services, including litigation. I credit my former partner, Thad G. Long, for mentoring me and for his foresight at a time when clients and referring lawyers looked to Washington, D.C. and Atlanta for patent, copyright, trademark and related intellectual property expertise. My own practice thrived with support from my firm and from Thad, in particular, and with assistance from other attorneys and paralegals who allowed our firm to offer the full scope of IP work.

Q: During the early years of your career, what was one of your most significant challenges?

A: It was challenging to be a female attorney at a time when there were few role models. But it was particularly challenging to be a mother, wife and dedicated attorney at the same time, without any family in Birmingham to lean on. At Bradley, I was not the first female attorney, but I was the first female attorney to appear in court.

Fortunately, my judicial clerkship gave me at least some familiarity with court practice, and as a young practicing attorney I had the benefit of experienced male trial lawyers who mentored me.

In addition to being the first female attorney at my firm to go to court, I was also the first female partner (and, I think, the first female attorney at the firm) to become a mother while working. So, at the same time that I was learning how to care for a baby (whose grandparents and other relatives were far away) and how to sustain my career without compromising quality, I also had to do so in a community which was not used to seeing, or to accepting, women who continued their law careers after motherhood.

Q: Who was the most influential person in your life when you were just starting out as an attorney?

A: Thad Long, with whom I tried my first trademark case, was most influential in my development as a young attorney as well as in later years. I was and continue to be in awe of the breadth and depth of Thad’s knowledge (historical, scientific, legal, you name it), his unmatched legal writing skills, his fearlessness in confronting and overcoming challenges, and his generosity — a modern Renaissance man. I was also fortunate to learn from exceptional trial lawyers Jimmy Gewin and Warren Lightfoot, whom I admired for their civility and even comradery with other lawyers, including opposing counsel, in addition to their exceptional litigation skills.

Also as a young attorney I came to know my former partner Tom Carruthers, at a time when young attorneys were

given assignments in diverse areas, rather than being channeled immediately into a specific practice area. I worked with Tom on corporate matters, such as acquisitions and a complex tax matter, before I began concentrating on other areas of law, but Tom continued to be in my corner throughout my career. I have been and remain grateful for his generous support and guidance over many years.

Q: What are a couple of your favorite books?

A: I enjoy historical fiction and novels that are autobiographical or semiautobiographical and whose authors overcome challenges in different countries or times. For example, David McCullough’s “Truman” and Ron Chernow’s “Alexander Hamilton” tell inspiring stories of extraordinary challenges faced by these men and teach lessons — about character, personal values, politics, our government and the rule of law, for example — that are worth remembering in today’s world.

Also among my favorite are “Wild Swans: Three Daughters of China,” by Jung Chang, and “Reading Lolita in Tehran” by Azar Nafisi. “Wild Swans” is the family history and autobiography of Jung Chang, through several decades in the 20th Century, including the horrors of the Great Leap Forward. In “Reading Lolita,” Nafisi relates her experience living in Tehran after she was expelled from her faculty position at the University of Tehran for refusing to wear the veil. She invited seven of her students to continue their studies at her home, where they read literature that was prohibited by the morality police. Both books demonstrate

the authors’ resilience in the face of tyranny. Sadly, the books’ stories are timeless, as China and Iran continue to oppress women and others by their control of citizens’ everyday lives. But the lessons of courage and inspiration both books instill are timeless too.

Q: Where is the best place you have ever traveled?

A: My favorite business trips were trips to China, as part of a delegation of the American Law Foundation in 2006, and a later trip to Hong Kong with the International Trademark Association. In the 2006 trip, we met with Chinese government officials, U.S. embassy officials, local attorneys, local judges, law school students, law faculty and practicing attorneys. The mission was to discuss common interest in and support for the Rule of Law. I doubt such a trip would be allowed today. The Hong Kong trip allowed me to explore Hong Kong, before the recent crackdown under Xi Jinping. I was able to visit as a tourist and also to meet with Chinese attorneys with whom I had developed business relations over a period of years, as we were working for common clients.

The best personal travel was a family trip to Australia when Doug and I celebrated our 25th wedding anniversary. It was very special to spend so much time with our daughters, Jessica and Rachel, in such a beautiful country, visiting several cities, with a side trip to Kangaroo Island, a train ride across the mainland, and boating/swimming at the Great Barrier Reef. I am ready for a return trip and don’t want to wait for our 50th anniversary.

Get to Know BBA Member Leila H. Watson

BBA’s 2017 President, Leila H. Watson, is well-known for her service to the community and to the legal profession. For her commitment and dedication to the community, Leila received the Birmingham Bar Association’s L. Burton Barnes III Public Service Award. This award recognizes a member who has demonstrated exemplary service to the public through participation in charitable, service, and community organizations and who has sacrificed time and effort for the betterment of others. So many people have experienced Leila’s generosity and giving spirit, and we are proud to feature her in the following article.

Q: What do you believe are your most significant accomplishments in life?

A: I love being a lawyer. I love being in the courtroom. I love doing the work to find answers in the law. Knowledge of the law is power — power to help, power to change.

I stumbled, almost accidentally, into the profession. I did not know what a lawyer was. I was a student social worker in Wisconsin when I was assigned the home study for a little 5-year-old boy with delayed development. I met the little boy and his mother in their tiny home in the middle of nowhere. She had five children and the closest washing machine was 30 minutes away; she spent hours every week just doing the laundry. It seemed like there was no time to do anything

else for her children except wash clothes, so one of my recommendations was to buy her a washer and dryer. When we met, she gave me an envelope of papers from “the lawyer.” As it turned out, the little boy’s status made him a class member in a major lawsuit. I did not fully understand the legal documents in the envelope, but it was clear to me that the lawyer who sent those papers was going to accomplish more for this little boy than I could hope for, even if I got the washer and dryer. I took the LSAT a year later so I could go to law school and be like that lawyer.

Sometimes, after making a noble decision, you make a series of very poor decisions and end up in a train wreck of your own design. Law school was a battle, and I was absolutely unprepared. I made so many terrible decisions with worse consequences during those three years that I think it was a small miracle that I graduated. The low point was when my advisor asked if I would consider dropping out. However, I did graduate from the University of Maryland and I passed the bar exams in Maryland and Alabama and earned my law license and became the lawyer I wanted to be.

Q: During the early years of your career, what was one of your most significant challenges?

A: In 1983, Alabama was not an easy

market for a Japanese-American female lawyer from The North, with no credentials and no connections. I used the only connection I had to get hired as law clerk to Justice Janie Shores, and after that one-year clerkship, I peddled myself to every law firm and institution in Birmingham. I was unafraid to apply for associate positions with even the largest and most prestigious firms. The results were underwhelming. I had not anticipated how difficult it would be for someone like me to get a job as an attorney in Birmingham. I was hired finally by David Cromwell Johnson to help him write a book on defending drug cases and do criminal defense work. After a few years, I switched to the civil side of the practice led by Ernie Cory, who is my law partner today. Back then, most of our cases were in Jefferson County and north Alabama. At one point, I picked up a grade crossing case outside Laurel, Mississippi. My client was a truck driver who had been hit by a freight train. I did the investigation and learned there were no Asians and few Black people in Jones County, Mississippi, and I fretted about filing this case and trying it. I tried to give the case to David Johnson. He refused. He told me never forget what I looked like, and always be willing to work harder than the lawyer sitting at the other table, and I would be fine.

He was right. This is advice that I have passed on to many other lawyers.

Q: Tell us about one of the many organizations that you are currently involved with.

A: If a child is not reading at grade level in first grade, the child will likely not read at grade level in third grade, and if the child is not reading at grade level in third grade, it is likely that this child will not graduate from high school. It is equally likely that this child will earn half what a high school graduate will earn, and more likely that this child will end up in prison.

I was given these statistics while serving on the board at Childcare Resources. It made me an advocate for quality pre-K education for all Alabama four-year-old children. I have continued this advocacy through the Alabama School Readiness Alliance (ASRA) Pre-K Task Force.

Alabama knows how to fix the problem. The solution is free high quality pre-K for all four-year-olds. Our pre-K program has been recognized as best in the nation every year for 16 years. We simply need to fund the program. The Legislature has incrementally increased funding and hence, accessibility to the programs every year. But even with these contributions, the classes are only available to half of Alabama’s four-year-olds. Getting the other half into the classes is my passion.

Q: Who was the most influential

person in your life when you were just starting out as an attorney?

A: David Cromwell Johnson and Ernie Cory were my first supervising attorneys and they convinced me to take cases on unfamiliar subjects and showed me how to learn enough to handle the cases. They asked me to do insurance fraud cases and hired an insurance agent to teach me about selling insurance policies. They asked me to do medical malpractice cases and hired a nurse to teach me how to organize and read a medical record, and to spot conflicts in the record. They asked me to do truck accidents and hired a truck driver to show me how to drive a truck. They were always going to give me all the tools I needed to handle the cases.

Retired Judge Charles Crowder was the finest lawyer I ever worked with in the courtroom. I used to say he taught me lots about trying cases, but not because he was a good teacher. He was just a great advocate of young lawyers and the law.

Q: What are a couple of your favorite books?

A: I read for enjoyment — I relish the way the written word invokes images and moving pictures. I like to read well-written works, especially those based on historical events. I look for the Pulitzer Prize winners, Oprah’s Book Club recommendations, and the books reviewed by the New

York Times, because I figure those books have already been selected by the experts as the best. Generally, I have not been disappointed. Lately, I finished “Trees” by Percival Everett, several of Colson Whitehead’s novels, “Migrations” by McConaghy, and “A Gentleman in Moscow.” I also love to read children’s books to children and have a growing list of favorites.

Q: Where is the best place you have ever traveled?

A: Florence, Italy. Robert was a design architect and everywhere we traveled, we had to look at buildings and art museums. When we first married, I did not care about either. When the children were born, he took them to the Birmingham Museum of Art and all the art museums in every city we visited. We went out of our way to visit “important” architectural buildings. His enthusiasm caught on. The culmination was in 2015 when we all traveled to Florence to see the Duomo, the statue of David, The Birth of Venus, and so many others. The excitement to see in person these great works of art and architecture, and to stand close enough to see every detail, was not lost on me. It was the fulfillment of a dream for Robert, and it was worth it to me to be there to share the moment.

Celebrating 2022 and Looking Ahead to 2023

Every year, on the second Friday of December, the Birmingham Bar Association hosts our Annual Membership Meeting where we look back on the many accomplishments of that year and look ahead to the key initiatives of the coming year.

At the Annual Meeting, we learn the much-anticipated results of the Executive Committee election, and we hear from the leaders of the Birmingham Bar Association, Volunteer Lawyers Birmingham, the Legal Aid Society of Birmingham, the Birmingham Bar Foundation, the Alabama State Bar, and the Tenth Judicial Circuit.

BBA Presidents Andrew Nix, A.J. Joseph, Allison Skinner, Marcus Maples

President Marcus Maples addresses the Annual Meeting attendees.

2022 President Allison Skinner passing the gavel to 2023 President Marcus Maples.

Volunteer Lawyers Birmingham Board member Kathy Collier and Executive Director Graham Hewitt.

Each year, the Holiday Party follows the Annual Meeting, and it is always a lively celebration with friends and colleagues as we head into the season of festivities.

We hope you were able to attend these two traditional, very enjoyable events that are hallmarks of our Bar Association!

Some of the Judges who attended the Annual Meeting.

Birmingham Bar Foundation’s 2022 President Andrew Salser passes the gavel to 2023 President Christi Graham.

Above: Colleen Carr with her delicious, famous grape leaves.

Below: Behind the scenes at the Holiday Party.

Left: Owen Roberts and Norm Winston.

Below: Sam Rumore, Judge John Carroll, Jack Natter.

2023 Committee Chairs

Fee Dispute Arbitration Committee

David Nomberg

Tinisha Glenn

John Bahakel

Court Liaison Committee

Rebecca Beers

Judge Tamara Harris Johnson

Matt Teague

Grievance Committee

Group Chairs

CLE Committee

Clay Williams

Myra McAbee

Maurine EvansTiara HudsonTom Sinclair

Erik Heninger Chair

Lisha Graham Co-Chair

Domestic Relations & Family Law Committee

Mentoring Program Committee

Richard Whitaker

Pooja Chawla

Meredith Carpenter

J.R. Thomas

Judge Ruby Davis

Birmingham Connection Committee

Breauna Johnson

Ruby Jackson

Emily McClendon

Health & Wellness Committee

Lynn Hogewood

D.G. Pantazis

Joi Travis

Twala Grant Wallace

What was your favorite vacation?

It is always special to feature our members in the pages of the Bulletin magazine. This issue, we wanted to get you thinking about vacations — what have been your favorite get-aways. You can gain inspiration from these members to help plan your own upcoming trip.

Candace Embry

My husband surprised me with a trip to Paris for my birthday. It was particularly meaningful because I had not been to Paris since I had done a high school exchange program there. I brushed up on my French to prepare for the visit and upon arrival my French persona took off! We visited all of the usual suspects: the Louvre, Musée d’Orsay, L’arc de Triomphe, Sacré Coeur, Versailles, and of course the Eiffel Tower. We took a walking tour of the city and learned about the histories of Black Americans in Paris, walked the Seine River at night, took a wine tasting course, and navigated the subway well enough to uncover some great restaurants off the beaten path. It was a perfect trip — “Paris is always a good idea.”

Tanita Cain

I have so many favorite vacations as I love to travel. The trip that forever plays rewind in my mind is Dubai. There was so much to see and it was impossible to see it all in 7-10 days. Dubai is a city and emirate in the United Arab Emirates (UAE) known for its ultramodern architecture and luxury shopping. I was fascinated with the culture. They are proud to say that they are an emirate with reports of no crime. Exploring the Dubai Mall, Burj Khalifa and the Dubai Fountain were a few highlights of the trip. I can’t go without telling people to stay in the Palms if you want to be on the water. I had so much fun just learning the culture and visiting the Grand Mosque, Arabian Desert Safari, the underwater Aquarium, Dubai Museums, and the Gold Souk.

Gustavo Heudebert

Not the most exciting answer, but a few years ago I dedicated Spring Break to reading all of The Wheel of Time while on the beach in the Dominican Republic. Seeing as that’s 14 books, I didn’t succeed. But making the attempt was a delight!

Br ett Holsombeck

Every summer, my wife, Taylor, and I take a family vacation to Rosemary Beach, Florida. We have fallen in love with this small beach community and everything that it has to offer. The design of the community places everything within a short walk from your front door — pristine beaches, amazing restaurants, and a bustling town square full of things to do. In years past, Taylor and I would spend all day on the beach relaxing while taking in the sun and waves before hitting one of our favorite restaurants, such as Pescado or Cowgirl Kitchen. Nowadays, we enjoy seeing the excitement of our twin toddlers, Charlotte and Henry, as they take in all that Rosemary Beach has to offer. I look forward to future summer getaways in Rosemary Beach and building lasting memories there with my family.

Miya Moore

My first international trip to Sydney and Cairns, Australia will always hold a special place in my heart. From snorkeling the Great Barrier Reef, visiting the historic Three Sisters rock formation, to feeding Kangaroos. This visit overseas also included the most beautiful winery tour and sights of the Sydney Opera House. This experience introduced me to my now love for traveling and will always be one of my favorite memories.

Sarah Beth Sanders

My husband, Nathan, and I enjoyed a great trip to New York City this past fall along with our son, Grayson. We made a pit stop in Philadelphia to visit with my sister and explore all of the historical sites there and then continued on to NYC via train. New York has always been one of my favorite cities. I visited almost annually growing up whether to see family or just explore the city. My husband (and our son) had never been, so it was a great time getting to show him all the cool spots and places to eat. We stayed in Times Square and explored all the famous landmarks in the remnants of Hurricane Ian. While it was rainy, it was still the same city that never sleeps that I have grown to love. It was a great trip to remember!

Time To Reconnect Magic City Bar Association President’s Message

As 2022 has concluded and a new year begins, Magic City Bar Association is excited about continuing to fulfill one of its main principles — service to the community. One of the ways that the Association serves the community is through the Annual Magic City Bar Scholarship Banquet where scholarships are provided to very deserving law students in the area. This past November, we had our first in-person scholarship banquet in two years! The turnout was tremendous, and it was great to see old and new colleagues as well as friends for such a notable occasion. Magic City Bar Association is grateful to all our banquet sponsors who helped us award scholarships to so many deserving law students. We also received a keynote address from Birmingham’s very own, Mayor Randall Woodfin.

In further news, Magic City Bar Association along with the Volunteer Lawyers of Birmingham is pleased to announce an expungement clinic for members of our community. Alabama Power Foundation provided the Association with a $50,000 grant to help members of the community remove previous indiscretions that may exist on their records. This grant will help members of our community get a clean slate, so they can have a brighter future. Our first expungement clinic training session for volunteers was held on Jan. 26. The Magic City Bar Association will have expungement clinics throughout 2023 with the tentative dates being Feb. 24, June 9 and Nov. 3.

I could not conclude this update without acknowledging Rev. Martin Luther King, Jr. Day which occurred on Jan. 16 and what his legacy means for the Birmingham community. Birmingham was a central location for the Civil

Joel Caldwell,

Rights Movement, and it took people of great character to step out in faith while facing outward persecution and racial injustice. Dr. King once said, “The time is always right to do what is right.” I encourage everyone reading this to stay committed to doing what is right and helping others. The seeds that we plant today will surely reap a harvest in the future. The reality is hatred never wins. Violence never wins. But the values of hope, faith and love will always triumph. Magic City Bar Association looks

forward to reconnecting with everyone this year, and please stay tuned for other exciting events that the Association has planned.

2023 MCBA President

The Power of Pro Bono

How Volunteer Lawyers Birmingham Members Make a Difference

Tasha Jones* came to Volunteer Lawyers Birmingham (VLB) with a particularly thorny legal problem. She and her partner were expecting their second child when her partner passed away suddenly. After she gave birth, she applied for the child to receive Social Security survivor’s benefits but was denied when the deceased’s next of kin refused to consent to a DNA test that could verify paternity.

“Had the mother indicated on the birth certificate that they were married, there would have been no problem,” says Bill Dawson, who has been volunteering for VLB for years and agreed to take Jones’ case. “But she was truthful, and without DNA verification of paternity, her application for coverage was denied.”

The case did not fall into any of VLB’s traditional areas of legal help, but Dawson is not one to shy away from a challenge.

“Growing up in Ensley and seeing discrimination based on wealth being such a part of society, I knew the importance of fighting for what’s fair,” he says. “Fifty-three years as a lawyer having seen poor people mistreated by the justice system, I agreed to try to correct her problem.”

filing fees and costs for the DNA test at the lab in North Carolina.

outcomes they likely couldn’t on their own.

Efforts

for relief through Social

Security and Family Court had been denied.

In order to get access to the DNA from the coroner’s office for a paternity test, Dawson filed a suit in Circuit Court for declaratory relief against the coroner’s office. Relief was granted by Circuit Judge Marshell Hatcher under the court’s general equity jurisdiction. The DNA test was performed, and a lab finally certified paternity, paving the way for Social Security to provide coverage for the child as well as back benefits.

It was a hard-won case with a happy ending, providing an additional if modest amount of income for a young mother now raising two children on her own. As the client was indigent, Dawson advanced the

Though it took months longer than a traditional VLB Help Desk client engagement, Dawson says he was confident he could achieve a positive outcome for the client and felt it was a worthy use of his legal experience. “When you get involved in a legal matter that can and should be corrected, there is an obligation to see it through,” he says. “Here, I knew of no other source of legal help for her. I trusted the Circuit Court to order the release of the DNA sample if I filed a suit. Now the child will receive medical coverage and survivor’s benefits for which he is entitled.”

For the clients VLB accepts — low-income residents of Jefferson County who cannot afford to pay for legal help — lawyers like Dawson provide a lifeline. Volunteers donate their time and talents for a variety of reasons, but most describe the experience as a rewarding way to give back, knowing they help people achieve

For Shannon Floyd, pro bono work is an extension of her deeply held faith. “This work is my therapy,” says Floyd, who serves VLB and other organizations through her nonprofit, Agnus Dei, Inc. and was one of 2022’s most active volunteers.

“I am not a perfect person, as anyone knows who’s been around me for long,” she says. “However, I have learned that if I am to be true to the canons of my faith, I must act out of an inward posture of humility, sincere love, truth, and genuine kindness with the aim that God will use my abilities to help enrich others’ lives.”

She credits her commitment to bringing a “do-unto-others” approach with helping her achieve outcomes for clients that often exceed expectations.

In one case, a client named Alisha Parks* was facing a breach of contract suit with her lease. The landlord was demanding more than $7,000. After Parks

Shannon Floyd

Bill Dawson

presented evidence to prove elements of her case, Floyd proposed they offer to settle for a reduced amount. The client said it was still more than she could afford, so Floyd agreed to offer what her client believed she could pay.

“I never dreamed the plaintiff, represented by a large Birmingham firm, would agree,” Floyd says. “I was as excited as Alisha when her offer was accepted. I remember praying before I made the offer, ‘Lord, I don’t believe this offer will be accepted, but I choose to give you an opportunity to work.’ The plaintiff’s attorney was very reasonable and I think realized that given the facts of the case and the documents Alisha was able to produce during negotiations, a trial wouldn’t be good for his client.”

In another case, client Erica Scott* had dual issues with her rental home—charges listed on a Notice of Noncompliance she believed to be incorrect, and habitability issues that had gone unaddressed for months. After Floyd sent a letter outlining the errors on Scott’s account and requesting numerous repairs to the home, the response was immediate.

“The property broker was very helpful in this case and truly cared about the client,” Floyd says. “She conceded the balance was wrong on the Notice of Noncompliance and adjusted her account. She also made all the needed repairs and some additional repairs the client had not even requested.”

“I consider this to be a reminder of the power in ‘right asking,’” Floyd says.

“We as lawyers deal with difficult people, difficult situations, and difficult circumstances that are often not in our favor. We must intentionally remind ourselves of the power of asking others in the sincere spirit, tone, and manner we like to be asked. There is tremendous power in using this truth in negotiating. In our line of work, it is often a challenge to believe this, but after 20 years of practicing law, I know it to be true.”

If you would like to volunteer, please contact VLB Volunteer Coordinator Michelle Horn Brown at mbrown@ vlbham.org, or call us at 205-250-5198, ext. 1.

*Names have been changed to protect clients’ privacy.

Legal Aid Society

Legal Aid Society of Birmingham celebrated the holidays and spread lots of cheer.

Can you keep a secret? Well, Santa is an attorney, with the Legal Aid Society of Birmingham. When he’s not overseeing the making of toys at the North Pole, he is representing youth in the Jefferson County Family Court Birmingham Division under the alias of John Bodie.

Legal Aid Board of Trustees’ members joined the LAS staff at Ghost Train Brewing Co. to kick off the holiday season. We also welcomed family members and BBA staff members as special guests. This well-loved Legal Aid Society tradition was fun and festive.

Thank you! Thank you! Thank you! Legal Aid held its first toys and toiletries drive for its clients in foster care. The GALs and Dolls (& action figures) Toy Drive benefited clients up to age 12. The Toiletries for Teens Drive was for clients 13 and older. Thanks to your generosity, 111 teens received gift bags with toiletries and 81 children received a doll or action figure. Pictured are Staff Attorneys Courtney Reed Gordon and Traci Slaton preparing goodie bags for their clients.

The Birmingham Bar Foundation Celebrates a Great Finish to 2022 Bar

Foundation Co-Hosts Appellate Courts for Oral Arguments

On Nov, 10, the Birmingham Bar Foundation partnered with Cumberland School of Law to bring the Justices of the Supreme Court of Alabama and the Judges of the Alabama Court of Criminal Appeals to Birmingham to hold oral arguments live and in person. The planning committee was chaired by Ashley Peinhardt and so many members helped out with the event to make it a success, including Buddy Cox, Enslen L. Crowe, Lacey Danley, Christie Dowling, Georgia Haggerty, Robin

Mark, Beth McElroy, Candis McGowan, Virginia Miller, Tanisia Moore, Judge Teresa Pulliam, Judge Chuck Price, Marlena Shipp, and Sharon Stuart.

The Alabama Court of Criminal Appeals heard William Darby v. State of Alabama and the Supreme Court heard Ex parte Lester Lee Thomas. Prior to the event, Birmingham Bar members volunteered to visit local high schools to discuss the procedural history and issues in each of the cases to be argued. Fourteen high

schools attended and brought an estimated 900 students to watch the event. Some students were only able to attend because of generous donations from the United States District Court of the Northern District of Alabama and the Foundation to cover most of the cost of their transportation. With support from the Court, the Foundation gave $800 to Ramsay High School, $807 to Sylacauga High School, $530 to Tarrant High School, and $350 to Green Acres Middle School for transportation to watch

the oral arguments.

The Foundation’s 2022 president, Andrew Salser, was among those giving opening remarks and welcoming students, attorneys, and members of the public to the event. The arguments were lively and thought provoking as were the casual conversations at the post-arguments luncheon with the Justices and Judges.

Of the event, one high school teacher and recent law school graduate, stated, “Students appeared to enjoy delving into the specifics of each case and voicing their opinions from a prosecutorial and/ or a defensive lens. After listening to the arguments and discussing information presented, students appeared to understand how critical research and facts are during court proceedings.”

One of the school’s students wrote, “Being able to sit in a crowd and watch lawyers going back and forth about a

case is very interesting. It did make me sit and wonder and think about maybe giving that specific career a chance.”

Dean Blake Hudson stated his gratitude for “the partnership with the courts and the Birmingham Bar Foundation for helping [Cumberland] provide this opportunity to [its] students.”

If you would like to be involved in planning and hosting the 2023 Appellate Courts Oral Arguments Program, please reach out to Cindy Anderson, Executive Director, Birmingham Bar Foundation at 334-477-1403 or cindy.anderson@ bbfound.org.

BAR FOUNDATION GETS A NEW EXECUTIVE DIRECTOR

In November, the Birmingham Bar Foundation hired Cindy Anderson as its new executive director. Cindy is a licensed attorney with her JD from the Marshall-Wythe School of Law at the

College of William & Mary and her dual specialty LLM in Administrative Law and Government Contracting from the Army’s Judge Advocate General’s School. She spent twenty-two years in the Army, beginning her career as a helicopter maintenance test-pilot, flying Blackhawk and Huey helicopters.

Cindy is married to Richard Anderson who teaches history, government, and econ at Vestavia High School. He is also Head Coach for the Cross Country, Indoor Track, and Outdoor Track teams there. They have three children, two daughters who are grown and a son they adopted after he spent almost three years in their home as their foster child. Their oldest, Cassie, is a Special Advisor to Secretary Mayorkas at the Department of Homeland Security. Katie is a history teacher and volleyball coach at Wetumpka High School. Kayden is in third grade in Vestavia City Schools.

Memorial Scholarship Fund

We invite you to honor the life of a colleague or loved one through a gift to the Birmingham Bar Association Memorial Scholarship Fund. Your tax-deductible gift is used to award scholarships to second-year and third-year law students at Birmingham School of Law, Cumberland School of Law, Miles Law School and The University of Alabama School of Law.

Donations may be sent to the Birmingham Bar Foundation, P.O. Box 37, Birmingham, Alabama 35201. For more information, please contact Jennifer Bates at jbuettner@birminghambar.org.

We are thankful to the following generous donors for supporting this important scholarship program and carrying on a legacy of justice in future attorneys:

In memory of Gould Harrison Kitchens Blair

Jerry Powell

In memory of Carin Burford BBA Workers Compensation Section

In memory of James Martyn Fernambucq

Robin Burrell

In memory of Rubin H. Harbin

Jerry Powell

In memory of William Dallas Hasty Jr.

Jerry Powell

In memory of George Hugh Jones

Jerry Powell

In memory of Robert Jones Jr. The Honorable Tom King Jr.

In memory of Frank Edward Lankford Jr. George M. Neal Jr.

In memory of Eugene DeArmit “De” Martenson

Jerry Powell

In memory of Jack Bernard McNamee

Jerry Powell

In memory of Lewis Wendell Page Jr. The Honorable Tom King Jr.

Jerry Powell

In memory of Peter “Pedro” Printz

Jerry Powell

In memory of Ellis Leon Sanders

Jerry Powell

In memory of Clifford Morris Spencer Jr. The Honorable Tom King Jr.

Stancil Starnes

In memory of David Winn Stephenson Massey, Stotser & Nichols

In memory of Charles James Sullivan III

Jerry Powell

In memory of Rose Wilson

Robin Burrell

Attorneys in the News

Nomberg Law

Firm Partner David P. Nomberg has been elected to serve as Secretary of the Workers’ Injury Law and Advocacy Group. David is the first Alabama lawyer to serve as an officer of WILG.

Patrick M. Lavette and D. Craig Cleckler of Davenport Lavette & Cleckler PC is pleased to announce the relocation of its office to: 135 Gemini Circle, Suite 212, Birmingham, AL 35209. The phone number remains (205) 988-4038.

Bradley Arant Boult Cummings LLP announces that Partner David Pugh was elected as 2023 Secretary on the Associated Builders and Contractors Executive Committee at ABC’s annual meeting. At-

torney Pugh’s term as Secretary will run concurrently with his remaining year as Southeast Region Vice Chair.

Balch & Bingham LLP has added five Associates to its Birmingham office. They are Nicholas Elliot Brown, John Collier, Christy Boardman Kuklinski, Samantha Renshaw and Lindsey Yerby

Huie is pleased to announce that Curtis Graves has joined the firm as an Associ-

Nomberg

Pugh Brown

Kuklinski Renshaw Collier

Yerby

ate attorney in the automotive litigation and product liability practice groups.

Gaines Gault Hendrix, P.C. announces that Shelley Lewis, Marc Jaskolka, and David Wilson have been named Shareholders in the firm. Sam Rotenstreich, Jake Norwood, and Taylor Johnson joined as Associates.

Jackson Lewis PC has added Lynlee Wells Palmer as Principal specializing in labor and employment law.

The law firm of Smith, Spires, Peddy, Hamilton & Coleman, P.C. is delighted to share that Leslie J. Minor and Taylor T. “Tripp” Perry III have joined the firm as Associates. The firm’s offices are located at 3500 Colonnade Parkway, Suite 350, Birmingham, Alabama 35253.

Burr & Forman LLP is pleased to announce the addition of Mallory Morgan Combest as Counsel and Robert B. Adams, Joseph Barnello, Ashton G. Brock, Chloe E. Champion, Callie S. Leopard and Catherine C. Turner as Associates.

Bradley Arant Boult Cummings LLP is pleased to announce that the firm has launched the blog Eye on Enforcement, which focuses on the latest trends in government investigations and enforcement activity.

Jodie Smith, Shareholder with Maynard Cooper & Gale LLP, has been elected president of the National Association of Bond Lawyers.

Heninger Garrison Davis is proud to announce that both Jeanie S. Sleadd and Anna M. Carroll have become Partners of the firm.

Adams Jr., Stanley E. Blackmon, J. Daniel Feltham Jr., Jake M. Gipson, Carolyne Jones Hess, and Nicole B. Jones

R. Champ Crocker was elected District Attorney of the 32nd Judicial Circuit in Cullman County and assumed office in January.

Bradley Arant Boult Cummings LLP is pleased to announce that attorney Danny Feltham has been selected to the Alabama State Bar’s 2022-2023 Leadership Forum.

Bradley Arant Boult Cummings LLP announces that 6 of the firm’s attorneys have been elevated to Partner: J. Mark

Balch & Bingham LLP is pleased to welcome Irving Jones and Michael Taunton into the firm’s partnership.

Michael Catalano, an attorney with more than 20 years of experience in various in-house leadership roles, has joined Baker Donelson as Of Counsel in the firm's corporate group.

Sleadd Carroll

Adams Blackmon

Feltman Gipson

Hess Jones Jones Taunton

Rotenstreich Wilson

Johnson Norwood

Lewis Jaskolka

Feltham Palmer Graves

Beasley Allen is pleased to announce that Ryan Duplechin has been named Principal.

Christian & Small is pleased to announce that the firm has elevated Shauncey H. Ridgeway and Priscilla K. Williams to Partners.

Birmingham-based Prosper recently added Stephanie H. Mays – a shareholder in Maynard Cooper & Gale LLP's labor and employment practice - to its board of directors. As a director, Mays will help Prosper continue to align existing initiatives, supplement them with select new opportunities, and scale an inclusive economy in Birmingham.

Compton Jones Dresher LLP has elected Hayes Arendall, a real estate attorney, to the role of Partner in the firm.

Lightfoot, Franklin & White LLC has elected Amie A. Vague to the firm’s partnership. Vague has a varied practice that includes work on trial and appellate matters involving product liability, medical malpractice, professional liability, commercial litigation, employment law and white-collar criminal defense and corporate investigations.

Miller, Christie & Kinney, PC is pleased to announce that Madison N. Vacarella has joined the firm as an Associate.

Jon Lewis, Partner in Lewis & Feldman LLC, has been inducted into the National Academy of Distinguished Neutrals, Alabama Chapter.

Bressler, Amery & Ross is pleased to announce that Donald F. Winningham III has been promoted to Principal. Mr. Winningham is a litigator in the firm's financial institutions and insurance practice groups.

Webster, Henry, Bradwell, Cohan, Speagle & DeShazo, P.C. announces that David S. Terry has been elected as a Shareholder.

Lorrie L. Hargrove has been named Principal with Bressler Amery & Ross PC, and Michael C. Guarino has been named Counsel.

Catalano

Williams Ridgeway

Duplechin

Winningham Mays

Arendall Terry

Vague Vacarella

Hargrove Guarino