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
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
Ashley M. Ogles, Criminal Justice Section
Robin B. Mark, Federal Practice Section
C. Burton Dunn Jr., Probate Section
With this Fall issue of the Bulletin, we highlight the popular spring and summer events that we hosted this year, including Law Day, the Annual Picnic, the Skeet Shoot, and other events.
We have held so many events this summer that we don’t have enough pages in the magazine to highlight them all. Be on the lookout for the Annual Report that we plan to publish in December, which will be more comprehensive.
Our members are prominently featured in every issue of the Bulletin. That’s because we appreciate you and all of the incredible work you do not only in your law practice, but also in the community. Thank you for all that you do to make Birmingham a better place to live.
In these pages, we continue to highlight your leadership, camaraderie and active participation, which make our Bar great.
Jennifer B. Bates Executive DirectorLeslie 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
2001 Park Place N, Suite 430 Birmingham, AL 35203 205-251-8006
birminghambar.org
jbuettner@birminghambar.org
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LET’S TALK ABOUT THIS GUY
08 President’s Message
The BBA Entertainment Committee was thrilled to welcome over 500 BBA members to this well-loved summer party.
18 Skeet Shoot
The Birmingham Bar Association has had an event-filled year so far, and I assure you that we have plans for even more great events and programs through the remainder of the year.
12 Law Day
26 BAO Event Review Get to know Birmingham AIDS Outreach.
28 Volunteer Lawyers Birmingham
A 30 year tradition, the event raises money to benefit the Birmingham Bar Foundation.
20 In Memoriam: Judge Anne L. Durward
30 Magic City Bar Association
Thank you for attending our signature event, Law Day 2023, featuring a luncheon CLE at The Florentine and a social at Continental Drift.
15 Annual Picnic
Members of the legal community share memories of Judge Durward.
22 Use of Settlement Counsel in Litigation
24 Why I Became a Lawyer We learn what motivated some of you to become attorneys.
31 Child Support Guidelines
32 Birmingham Bar Foundation
34 Legal Aid Society of Birmingham
36 Memorial Scholarship Donations
38 Attorneys in the News
The Birmingham Bar Association has had an event-filled year so far, and I assure you that we have plans for even more great events and programs through the remainder of the year.
One of my goals for the year is to boost membership in the BBA. Bar membership is important for our community and our profession. We help you to build strong connections in the legal community, which is vital to your practice and your professional success. I believe that the BBA is a valuable resource that you can rely upon to help build your professional and personal networks.
To demonstrate how we fulfill the BBA’s goal of providing value to you, I want to highlight some of our accomplishments so far this year and preview some of the things we have planned for the remainder of the year.
► Annual Picnic: Well over 500 BBA members attended our Annual Picnic this year to kick off the summer with good friends, delicious food, and plenty of cold drinks. This signature BBA event is hosted by our hard-working Entertainment Committee, which is led by the remarkable Nick Callahan. Nick is pictured on page 10 with Henry Taliaferro, who helps make the Picnic a success.
It takes weeks of planning, organizing, and cooking to make this event the tremendous success that it is. I know that you join me in thanking Nick, Henry, and everyone on the Entertainment Committee for such an enjoyable event. The Annual Picnic is always the second Friday of June, so please go ahead and mark your calendar for June 14, 2024 and every second Friday of June thereafter.
► Law Day: In May, we celebrated Law Day 2023. I was pleased to invite Judge Chuck Price and Price Evans to serve as Chairs of Law Day this year, and they planned successful programs and events to highlight the Law Day theme “Cornerstones of Democracy: Civics, Civility, and Collaboration.”
In recognition of this theme, we welcomed over 80 lawyers and Judges to a luncheon at The Florentine with a panel discussion by speakers from The Morgan Project, whose mission is “to teach civil rights and social justice through Birmingham’s history of conflict and courage.” The speakers’ messages were certainly in keeping with
the Law Day theme of civics, civility, and collaboration, and the opportunity for our members to gather together and enjoy a delicious meal also reflected this theme.
Later in the day, we continued the celebration of our profession with specialty cocktails and mocktails at Continental Drift. I enjoyed spending time with many colleagues and friends, and I appreciated getting to know several BBA members that I had not met before. I am grateful for the collegiality, respect, and collaborative spirit of Birmingham attorneys and Judges, and I am incredibly proud to call you my colleagues.
► New Office Open House: It was an honor for me to welcome so many of our members to our new office in early August to see the new home for the BBA, Birmingham Bar Foundation, Legal Aid Society of Birmingham, and Volunteer Lawyers Birmingham. We hope that you visit often and that you feel at home in your new
I am extremely proud that one of the ways the BBA provides value to our members is by affording you many opportunities to hone your leadership skills. We develop attorneys who will lead not only in the profession, but also in the community. Here are some examples of ways that we do that:
► Future Leaders Forum: we are pleased to welcome these 11 BBA members to this year’s class of future leaders: Zander Carrie, Jerry Chapman, Meg Cole, Sydney Everett, Kendall Fann, David Horton, Nicki Lawsen, Emily McClendon, J.R. Thomas, Christopher Weaver, and Carmen Weite
► Law Student Shadow Day: Ruby Jackson
and Breauna Johnson organized a tremendously successful day for law students to spend time with experienced attorneys and learn more about the
profession. Magic City Bar Association President Joel Caldwell and Women Lawyers Section Chair Sylvion Moss partnered with the BBA in hosting
this event, and the three of us delivered remarks about the importance of collegiality and having respect for other attorneys in the practice of law. Thank you to all of the attorneys who participated in the event and contributed their time to helping law students better understand what it is to be a lawyer.
► Section and Committee Leadership: we highlighted our Section Chairs and Committee Chairs in the Summer and Spring issues of the
Bulletin, respectively, so please flip back to those issues to recognize those leaders. As I hope you have experienced, these leaders are planning and executing terrific programs for you to enjoy throughout the entire year. From the Professionalism CLE series hosted by the Court Liaison Committee this year to the fun events around town hosted by the BHM Connection Committee, to the multitude of Section events, there are so many enjoyable ways for you to plug into the BBA. Our Sections and Committees have collectively hosted over 30 CLEs so far this year, and there are many more to come.
In developing our events and programs, I want to be sure that we offer something for every member of our Bar. That’s why, in addition to our signature events, it is significant that we curate a wide variety of smaller, specialized events, such
as Price Evans’ Skeet Shoot, featured on page 18, our BHM Connection Committee’s Get to Know Birmingham events, including the one featured on pages 26-27, the Ice Cream Social at Jeni’s Splendid Ice Cream, pictured here, and the In-House Networking Breakfast and CLE also pictured here.
I am proud that we offer so many opportunities to benefit you in your practices and enhance your professional lives. Here are some of the ways we will do that this fall:
We will host over 30 Zoom and in-person CLE programs on topics ranging from Generative AI to workers compensation to the new Corporate Transparency Act to an update on the
new child support rules, to professionalism in all areas of practice, and many more.
► Get to Know Birmingham events at The Morgan Project and the YWCA
► Coffee with the Judges in September, October and November
► Happy Hour Social
► A luncheon for our Sustaining Members
► A reunion for all 14 of our Future Leaders Forum classes
For details about all of these events and more, please check the BBA’s calendar often online at birminghambar.org/events/event_list.asp.
I want to close with a tremendous thank you to all of our members for your involvement in the BBA! I look forward to seeing you at the many events and programs we have planned for you!
Thank you for attending our signature event – Law Day 2023 – featuring a luncheon CLE at The Florentine and a social at Continental Drift. The May 3 luncheon CLE featured speakers from The Morgan Project discussing the civil rights history of Birmingham and how it is an important part of civics education. That evening we celebrated with specialty cocktails and mocktails and D.J. Justice.
The BBA Entertainment Committee was thrilled to welcome over 500 BBA members to this well-loved summer party. It is a great opportunity to kick off the summer by connecting with friends while enjoying the abundance and indulgences of a cookout. All BBA members are invited and encouraged to be part of this annual tradition, so if you did not make it this year, we hope to see you next year.
No one is exactly sure how long the Skeet Shoot has been a pre-Picnic event, but more than a few attendees attest that they have participated every year since it began about 30 years ago. Thanks to Price Evans, this year nearly 40 BBA members gathered for the early morning shoot, complete with breakfast, tee-shirts, and belt buckles as prizes. The event raises money to benefit the Birmingham Bar Foundation, and it is a great opportunity for telling stories, reliving memories, and welcoming new shooters into the tradition.
The untimely passing of Judge Anne Lamkin Durward leaves a deep and wide void in the Birmingham Bar Association family, and we are deeply saddened by her absence. Judge Durward was involved in the BBA in so many ways: she served as Secretary/Treasurer in 2015, was an Executive Committee member in 2006, 2007 and 2008, was on numerous BBA committees throughout her career, and was an active and engaged member of many Sections, especially the Women Lawyers Section and Solo/Small Firm Section.
Judge Durward was one of the hardest working members of the Entertainment Committee, and she was smiling during every minute of the work. It is still inconceivable that she will not be with us in December to make her famous eggnog and her delicious cookies for the Holiday Party.
We miss Judge Durward’s beautiful and contagious smile, her wise and encouraging words, her clever sense of humor, her dependable friendliness, and her respect for everyone she ever met. We support her devoted husband, John, and greatly appreciate his many contributions to the BBA.
Marcus Maples President, Birmingham Bar Association Birmingham Bar FoundationJudge Anne Durward was integral to the longterm success of the Birmingham Bar Foundation. Judge Durward was an ever-present supporter of the Foundation. She and her devoted husband John attended almost every fundraising event over the years, from Rock the Bar to the Bocce Ball Tournament and Chili Cook-Off. Not only was Judge Durward instrumental in the development of the Fellows Program, but she also later became both a Fellow and Life Fellow. Her leadership and service on the BBF Board of Directors culminated in her tenure as President of the BBF Board.
Judge Durward’s many contributions to the Foundation led to her selection as the 2018 Award of Excellence recipient, which was presented at the annual BBF Fellows Dinner. Judge Durward was an exemplary leader, and we will all miss her warmth, smile, and commitment to the Foundation, the Bar, and greater Birmingham community.
Christi Graham President, Birmingham Bar FoundationWho was the longest serving member of the Legal Aid Society of Birmingham Board of Trustees? That was the running debate between the Honorable Anne Durward and Attorney Charles Tyler Clark. She thought they began at the same time, but Charlie seems to remember her joining the Board while he was already a member. In any case, they each rendered over 25 years of dedicated service to our clients and staff.
Anne served on the Legal Aid Society Board until she was appointed to serve as a Domestic Relations Judge. She held numerous offices and various positions on the LAS Board, serving as Board President in 2003 and then again in 2012. Her commitment to our cause spanned beyond her time on the Board. She continued to offer unwavering support to our viability as a community legal service provider.
Once a member of the LAS family, always a member of the Legal Aid family. Losing Anne leaves an indelible void in our hearts. We will embrace and remember her legacy along with her devoted husband, John Durward, and all who knew and loved Anne.
Kevin Butler President, Legal Aid Society of Birmingham
Volunteer Lawyers Birmingham
Judge Durward was both a former board member and long-time volunteer with Volunteer Lawyers Birmingham before becoming a Domestic Relations Judge. She will be missed but her impact on our program and with our clients will be felt for years to come. I personally witnessed her while on the bench take the time to explain matters thoughtfully and with profound consideration to VLB clients. She had a heart for service and a desire to help those in need. Her career is a testament to what all attorneys should strive to be.
Susan McAlister President, Volunteer Lawyers BirminghamThe Magic City Bar Association wants to offer our condolences to the family of Judge Anne Durward. Judge Durward was such a kind, sweet judge and always offered valuable insight. She constantly offered her time to help with the Magic City Bar Association. She wasn’t just a judge but a friend. MCBA will greatly miss her.
Joel Caldwell President, Magic City Bar AssociationIn the evolving landscape of dispute resolution, lawyers representing parties in court or arbitration are increasingly turning to a unique strategy: the use of settlement counsel. By engaging dedicated settlement counsel to handle negotiation and mediation, legal teams can maintain their focus on advocacy and trial preparation while harnessing the expertise of a specialized professional to navigate the complexities of settlement discussions. This article explores the benefits and uses of hiring settlement counsel in achieving successful dispute resolution.
Engaging settlement counsel allows litigation or arbitration counsel to focus on their core responsibilities—advocacy and trial preparation—without getting sidetracked by the demands of settlement discussions. By delegating the negotiation and mediation process to a specialized settlement counsel, lawyers can ensure that their primary role of vigorously representing their clients’ interests remains uninterrupted. Inevitably, advocates who must don their settlement hats at a crucial point in trial preparation may feel they have lost their edge as trial lawyers. The division of labor provided by engaging settlement counsel facilitates a more efficient and effective approach to resolving disputes. Settlement counsel can operate outside the time constraints of litigation deadlines and constantly assess the case from a broader perspective.
Settlement counsel bring specialized
By entrusting the negotiation process to settlement counsel, lawyers can maintain their focus on advocacy and trial preparation, while benefiting from the expertise, objectivity, and neutrality of a dedicated settlement professional. By leveraging the skills of settlement counsel, parties can enhance the prospects of achieving amicable resolutions, preserving relationships, and effectively managing the overall costs and risks associated with contentious disputes.
expertise in negotiation and mediation techniques to the table. They possess a deep understanding of the dynamics of settlement discussions and the intricacies of reaching favorable resolutions. Their experience and training in negotiation and mediation enable them to navigate complex emotional, legal, and commercial considerations that often arise during negotiations. Settlement counsel can employ proven strategies and creative problem-solving techniques to facilitate productive dialogue and foster mutually beneficial agreements.
Settlement counsel act as independent and neutral parties. They may collaborate with a corporation’s risk management office and determine whether a range of settlement options fits corporate strategy. While still representing their clients’ interests, they are able to pursue resolution unburdened by the emotional or positional aspects that may hinder advocates who are directly representing their clients. The “partisan impartiality” of settlement counsel allows them to approach negotiations with
a fresh perspective, helping to foster open communication and build rapport between parties. This approach enables settlement counsel to identify common interests, explore innovative solutions, and ultimately guide the parties toward a mutually satisfactory resolution.
One significant advantage of hiring settlement counsel, particularly in business litigation or even complex domestic relations matters, is their ability to preserve relationships and safeguard business interests. The adversarial nature of litigation or arbitration often strains professional and personal relationships, making future collaboration challenging. Through settlement counsel, parties can engage in constructive dialogue and find solutions that not only address the current dispute but also maintain business relationships and foster opportunities for future cooperation. Settlement counsel are able to minimize the potential for long-lasting negative effects on the parties’ reputations and business interests.
The use of settlement counsel shares with
collaborative law the opportunity to preserve business relationships. Collaborative lawyers work with their clients in a series of problem-solving meetings in which the focus is resolution, not argument. For this reason, collaborative law is most often used where the parties will benefit from working together in the future. Obvious examples include divorcing parents with young children, developers and contractors, and litigation between businesses and customers, vendors, or suppliers as well as employers and employees. Similarly, settlement counsel can work with the other side to effect a problem-solving atmosphere in the negotiation process and preserve the business relationship.
Settlement counsel tailor their strategies to fit the unique dynamics of each dispute. They work closely with the parties and their legal teams to identify underlying interests, assess risks, and develop creative solutions. This personalized approach
enhances the chances of reaching a settlement that aligns with the parties’ goals and minimizes the overall costs associated with protracted litigation or arbitration.
Settlement counsel recognize the importance of confidentiality and privacy in negotiation and mediation processes. Because settlement counsel represent a party as that party’s “settling lawyer,” the attorney-client privilege attaches to the relationship, ensuring that sensitive information disclosed during settlement discussions remains privileged and protected. Parties are able candidly to express their concerns, explore options, and propose compromises in a safe and confidential environment, fostering trust and encouraging a free exchange of ideas.
Using settlement counsel as a specialized resource in negotiation and mediation offers numerous benefits to legal teams and
Bankruptcy Adversary Proceedings
Business/Commercial Litigation
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Litigation Fraud
Professional Liability
Railroad Accidents
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Registered on the Alabama State Court Mediator Roster
Extensive civil and criminal jury trials to verdict representing both Plaintiffs and Defendants before federal and state juries in multiple state jurisdictions.
Park Place, Birmingham 205.572.4925
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their clients. By entrusting the negotiation process to settlement counsel, lawyers can maintain their focus on advocacy and trial preparation, while benefiting from the expertise, objectivity, and neutrality of a dedicated settlement professional. By leveraging the skills of settlement counsel, parties can enhance the prospects of achieving amicable resolutions, preserving relationships, and effectively managing the overall costs and risks associated with contentious disputes.
I made the decision to become a lawyer in 6th grade when I was assigned as counsel to defend poor “Jack” against theft and murder charges for his actions after climbing the magic beanstalk and entering the home of a rich giant. This mock trial exercise was a pretty big deal at the time, and I was a bit frustrated because I felt the prosecution definitely had the stronger case. On top of that, most of my classmates (soon to be jurors) agreed and had been joking about all of the creative punishments they would decree when Jack was convicted. After stunning my class with my cross of the giant’s wife (who agreed he was big, scary and violent), I was able to convince my 11-year-old peers that Jack acted in self-defense and there were no witnesses to his theft. Among the lessons I learned were that I was able to influence others to evaluate conflict from a differing perspective, that I should look beyond the big picture and study the details, and that I never wanted to be a criminal lawyer.
I decided to become a lawyer in order to make sure that children are protected, and their interests are cared for. My stepsister is a drug addict. At 16 years old, I spent my high school weekends and summers, when not working to pay for my nephews’ groceries and clothes, driving 5 hours to help raise them. My husband and I got married at the age of 20 and shared custody with grandparents while attending college in the evening to make sure that other children were not left in the same situation that my nephews were in with a failed system. As a lawyer, I am now working to protect children by serving as guardian ad litem, registered mediator in domestic relations with domestic violence training, and a member of the family law committee.
We love to hear from BBA’s members, so for this issue of the Bulletin, we learn what motivated some of you to become attorneys. Read about their experiences and reflect on what led you to enter the legal profession.
The reason I wanted to become a lawyer is my family. Not only has my family been my biggest source of encouragement and inspiration to become a lawyer, they were also my first opposing counsel. I grew up arguing with everyone about everything, so after years of practice I thought it would be a fitting career.
I knew that I would be happiest doing something intellectually challenging which has the potential to have a societal impact. Given the diverse array of environments in which lawyers find themselves, this profession seemed to fit the bill, especially litigators. As my exposure to the practice of law increased and my circumstances changed, I drifted away from the thought of being a litigator and found myself representing financial institutions. In this practice, I am able to represent an industry that moves commerce forward, provides valuable services to consumer and commercial clients, and, at least in my case, provides jobs to thousands. For this, I am grateful and hope to be of service for many years to come
Being a lawyer was not my dream at all. My previous careers were research on virology and real estate sales. Working with the Chinese community, I noticed that many Chinese restaurant owners had to have a Chinese-speaking attorney even in New York to review their restaurant lease agreement due to the language barrier. The need for a Chinese-speaking attorney in the State of Alabama made me become a lawyer.
Founded in 1985, BAO (Birmingham AIDS Outreach) was the first nonprofit organization in the state to serve Alabamians with Human Immunodeficiency Virus (HIV). Now operating in its fifth decade, BAO has continually evolved to meet community needs through a broad portfolio of services.
The mission of BAO is to enhance the quality of life for people living with HIV / AIDS, at-risk, affected individuals, and the LGBTQ community through outreach, age-appropriate prevention education, and supportive services. In furtherance of this mission, BAO operates special projects and initiatives including the Magic City Acceptance Center, Magic City Wellness Center, Magic City Research Institute, Magic City Legal Center, and Magic City Acceptance Academy. Each BAO special project and initiative has its own professional staff, scope of work, and role in advancing public health and education. Also in support of the mission, since 2006 BAO has hosted a general practice
in-house pro bono program offering free legal services for indigent and disadvantaged Alabamians impacted by HIV. The
BAO legal team collaborates with partners within the agency and externally across the community in an intersectional approach to
the provision of services. In addition, the BAO legal team routinely hosts pro bono clinics staffed with volunteer attorneys and law students.
BAO’s legal team typically averages 30-40 unique clients with HIV per month and receives 50+ requests or referrals for legal services monthly from new or prior clients. BAO’s HIV case management team serves approximately 900 community members with HIV each month, most of whom are residents of Jefferson County. Individual clients with HIV may request services from our legal team or receive referrals from other BAO programs. The legal team receives a high volume of referrals from a statewide network of social workers and medical providers in infectious disease care and public health beyond Jefferson County. Additionally, many referrals are made by legal colleagues either in pro bono or private practice, as well as within different court systems.
Requests for pro bono legal services commonly involve areas of civil practice
such as public benefits planning (Social Security disability, Medicaid, food stamps, other public assistance programs), Lesbian Gay Bisexual Transgender Queer+ (LGBTQ+) rights, discrimination (employment, housing, insurance), future/estate planning (Last Will and Testament, powers of attorney, advance directive for health care), probate law (probate estate issues, name changes, gender marker changes, restoration of voter rights, guardianships and conservatorships), breaches of privacy and confidentiality, consumer law (debt collection, financial exploitation, identity theft, et cetera), family/domestic relations, prisoner’s rights and select matters of criminal justice pertaining to HIV status or LGBTQ rights.
BAO’s legal team currently consists of two full time pro bono attorneys with a third full time attorney to begin in August 2023. The legal team is assisted by four licensed attorneys on staff whose primary work involves other projects, as well as a number of non-attorney professional staff.
BAO’s legal team is fortunate to be able to host law student interns and externs throughout the academic year.
Stephen D. Rygiel, Esq. (Cumberland 2010) has served as Director of the BAO Legal Program as well as supervising attorney from 2010 to present.
For any questions about BAO and its legal outreach, please contact Stephen at steve@birminghamaidsoutreach.org.
As Volunteer Lawyers Birmingham embarks on its 2024-28 Champions for Justice Campaign, we want to seize the opportunity to remind our supporters what makes their gifts so impactful.
Thanks to your pledges, VLB volunteers and staff are able to reach the most vulnerable members of our community and help build sustainable neighborhoods through free legal assistance. VLB helps people in low-income neighborhoods preserve family assets by participating in a VLB Wills Clinic. Tenants living in unsafe conditions, or facing eviction, receive help to keep a safe roof over their heads. People denied well-paying jobs and decent housing because of a years-old mistake find relief at a VLB Expungement Clinic, and struggling parents who aren’t receiving
child support receive free legal help at the Domestic Relations Court Pro Se docket. During the pandemic, 5,989 low-income individuals and families received free help to survive the unprecedented challenges COVID-19 created.
Without your support, many of these needs would go unmet.
Birmingham law firms, solo practitioners, and businesses are the largest funding source representing Volunteer Lawyers Birmingham. The Champions for Justice campaign is a way for donors to make a five-year pledge to provide ongoing support for all of our programs. It’s also a great way for us to publicly recognize your gifts on our website and other outlets.
“Champions for Justice ensures that VLB will have sustained funding and
continue making an impact for low-income citizens who cannot afford a lawyer in civil matters,” says Susan McAlister, President of VLB’s Board of Directors.
“Today, we’re excited to say that these investments spread even further, as VLB works to build sustainable neighborhoods and remove impediments to employment through our Wills, Homeless, Expungement, and Community Education Clinics. In the area of domestic relations, VLB volunteer lawyers advocate for abuse victims and help clients at Pro Se Dockets.”
Through her service to VLB, McAlister sees the impact firsthand. “I started volunteering with VLB in 2016 and am very honored to serve as President of the VLB Board,” she says. “As any VLB volunteer can tell you, you receive tenfold blessings
When law firms and businesses provide financial support to Volunteer Lawyers Birmingham, it changes livesThanks to PNC and Bradley, VLB provided free legal assistance at a Wills Clinic in Bessemer.
from the time you give. VLB clients often come to us when they are most vulnerable, and being able to bring an understanding of the system, comfort and reassurance to a client is my greatest reward as an attorney.”
As a Champion for Justice, you’ll play a critical role in supporting the growth
of these initiatives and helping to build a stronger Birmingham. The Champions for Justice campaign features five tiers of giving:
► Platinum: $15,000
► Gold: $10,000
► Silver: $5,000
► Bronze Plus: $2,500
► Bronze: $1,000
To pledge, simply fill out the pledge card you received in the mail, visit the Champions page on our website at vlbham.org/ be-a-champion-for-justice Pledge cards are also available by calling 205-250-5198, ext. 1.
Thank you for your support!
Greetings everyone,
This has been a great year and an eventful summer! The MCBA hosted its second expungement clinic at Zion Missionary Baptist Church on June 2nd. Many individuals participated in the clinic, and we played a crucial role in helping them get their backgrounds clean. Thank you to all volunteer attorneys that aided the clinic and helped serve our local community.
On July 20th, we partnered with the BBA and the Women Lawyer Section of the Birmingham Bar to hold the Law Student Shadow Day. This project allowed law students to see what it’s like to work in-house at a Birmingham company or in a law firm environment.
After the Law Student Shadow Day, the MCBA hosted our annual law clerk social at the rooftop of the Kress Building. Both
events were very informative, and it was great to see so many future young lawyers. Finally, please mark your calendars for Thursday, November 16th as MCBA will be hosting its annual Scholarship Banquet at the Harbert Center. The Scholarship Banquet is MCBA’s marquee event every year and guaranteed to be a great time. We’re looking forward to seeing you there!
Sincerely,
Joel Caldwell President, Magic City Bar Association
As divorce attorneys are well aware, Rule 32 of the Alabama Rules of Judicial Administration, which governs child support in Alabama, received a major overhaul last year. The changes apply to cases filed on or after May 1, 2022.1 However, one issue that is frequently encountered in divorce cases was not addressed by the 2022 changes: the recommended child support order in situations in which the parties share equal (or nearly equal) physical custodial time. To address this issue, the Guidelines have been revised once again. As explained in the Committee Comments to the revisions, prior to June 1, 2023, equal (or nearly equal) physical custodial time was often a reason for deviation from the Child Support Guidelines, as such a situation was not contemplated by the Guidelines.2 With the newest revisions of Rule 32, which “apply to all new actions filed or proceedings instituted on or after June 1, 2023,” Rule 32 of the Alabama Rules of Judicial Administration now provide for a recommended child support order in situations in which the parties share equal (or nearly equal) physical custodial time.3 This article reviews and highlights these revisions to Rule 32 of the Alabama Rules of Judicial Administration.
Rules 32(B)(7)(d) and 32(B)(7), which address costs of health insurance for minor children in terms of the Child Support Guidelines, are not changed substantively.4 Rather, the revised versions of Rules 32(B)(7)(d) and 32(B)(7)(e) now mention Form CS-42-S, in addition to Form CS-42.5 Form CS-42-S calculates the Child Support Guidelines in situations in which the parties have equal (or roughly equal) physical custodial time
Form CS-42-S calculates the Child Support Guidelines in situations in which the parties have equal (or roughly equal) physical custodial time per order of the court (whether the order is entered following a trial or is incorporated into a formal agreement between the parties). … Form CS-42 will continue be used except in situations in which the parties have equal (or roughly equal) physical custodial time, per order of the court, in which case Form CS-42-S will be used.
per order of the court (whether the order is entered following a trial or is incorporated into a formal agreement between the parties).6 Forms CS-41, CS-42, and CS-43 remain unchanged; Form CS-42 will continue to be used except in situations in which the parties have equal (or roughly equal) physical custodial time, per order of the court, in which case Form CS-42-S will be used.7 The Committee Comments to the revisions clarify that it is whether custodial time is equally (or roughly equally) divided that is determinative, not what the custodial arrangement is called.8
As revised, Rule 32(C)(7) is titled “Shared 50% physical-custody adjustment (‘SPCA’).”9 The Schedule of Basic Child-Support Obligations remains unchanged.10 However, when parents have equal (or roughly equal) custodial time, this triggers the SPCA, and “[t]he basis child-support obligation on Line 4 of Form CS-42-S shall then be multiplied by
“ ”150%.”11 “The [150%] is used to account for the fact that it costs at least 50% more to raise a child in two households than in one household because of dedicated expenses, such as housing and transportation costs.”12 Work-related childcare and child health insurance costs are then input into Form CS-42-S the same as with Form CS-42.13 After work-related childcare and child health insurance costs are accounted for and each parent receives a credit for one-half of 150% of the Basic Child Support Obligation (Line 5 of Form CS-42-S), the parent with the higher adjusted recommended child support order in Line 13 of Form CS-42-S shall pay to the other parent said amount.14
After application of the SPCA, a parent missing over 14 days of physical custody in the year immediately prior to a petition to modify child support “without sufficient cause” can be held by the court as a material change of circumstances that
warrants a modification of child support.15 If such missed physical custody is found to be willful, the court may award attorney fees and court costs to the other parent.16 Lastly, in regard to the CS-42-S, “the SSR calculation, the $50 minimum child-support requirement, and the provision allowing for a zero-dollar order referenced in Rule 32(C)(5) and (6)” are inapplicable.17
The following provides a comparison of the recommended child support orders between Form CS-42 and Form CS-42-S in two separate hypothetical situations:
► Combined Adjusted Gross Monthly Income: $10,000
► Plaintiff Adjusted Gross Monthly Income: $7,500
► Defendant Adjusted Gross Monthly Income: $2,500
► Work-related child-care costs: $700 (paid by Plaintiff)
► Health-care coverage: $400 (paid by Defendant)
► Number of children: 1
► Recommended Child Support Order per Form CS-42: If the Plaintiff is the Obligor, $691. If the Defendant is the Obligor, $464.
► Recommended Child Support
Order per Form CS-42-S: The Plaintiff would pay the Defendant $558, as the Plaintiff’s Recommended Child Support order amount is larger than the Defendant’s (in this case, the Defendant’s Recommended Child Support Order amount is negative).
In this case, if the Plaintiff is the Obligor as to Form CS-42, the Recommended Child Support Order per Form CS-42-S is $133 less than per Form CS-42.
► Combined Adjusted Gross Monthly Income: $20,000
► Plaintiff Adjusted Gross Monthly Income: $15,000
► Defendant Adjusted Gross Monthly Income: $5,000
► Work-related child-care costs: $800 (paid by Defendant)
► Health-care coverage: $500 (paid by Plaintiff)
► Number of children: 1
► Recommended Child Support Order per Form CS-42: If the Plaintiff is the Obligor, $1,851. If the Defendant is the Obligor, $0.
► Recommended Child Support Order per Form CS-42-S: The Plaintiff would pay the Defendant $1,163, as the Plaintiff’s Recommended Child Support
Order amount is larger than the Defendant’s (in this case, the Defendant’s Recommended Child Support Order amount is negative).
In this case, if the Plaintiff is the Obligor as to Form CS-42, the Recommended Child Support Order per Form CS-42-S is $688 less than per Form CS-42.
While the revised portions of Rule 32 as well as Form CS-42-S appear confusing at first glance, and while their full impact is yet to be seen, they provide much clearer guidance (with less discretion and negotiation) as to Recommended Child Support Orders in situations in which parents share equal (or nearly equal) physical custodial time.
1 Preface Relating to the Scope of Rule 32, Ala. R. Jud. Admin.; Appendix A, January 14, 2022 Order of the Alabama Supreme Court.
2 Committee Comments to Amendments to Rule 32 Effective June 1, 2023; Appendix F, March 3, 2023 Order of the Alabama Supreme Court.
3 Preface Relating to the Scope of Rule 32, Ala. R. Jud. Admin.; Appendix A, March 3, 2023 Order of the Alabama Supreme Court.
4 Ala. R. Jud. Admin. 32(B)(7)(d)-(e); Appendices B-C, March 3, 2023 Order of the Alabama Supreme Court.
5 Ala. R. Jud. Admin. 32(B)(7)(d)-(e); Appendices B-C, March 3, 2023 Order of the Alabama Supreme Court.
6 Ala. R. Jud. Admin. 32(C)(7)(a); Appendices E, G, March 3, 2023 Order of the Alabama Supreme Court; Committee Comments to Amendments to Rule 32 Effective June 1, 2023.
7 Ala. R. Jud. Admin. 32(E), 32(C)(7)(a); Appendices D, E, March 3, 2023 Order of the Alabama Supreme Court.
8 Committee Comments to Amendments to Rule 32 Effective June 1, 2023; Appendix F, March 3, 2023 Order of the Alabama Supreme Court.
9 Ala. R. Jud. Admin. 32(C)(7); Appendix E, March 3, 2023 Order of the Alabama Supreme Court.
10 Ala. R. Jud. Admin. 32(C)(7); Appendix E, March 3, 2023 Order of the Alabama Supreme Court.
11 Ala. R. Jud. Admin. 32(C)(7)(b); Appendix E, March 3, 2023 Order of the Alabama Supreme Court.
12 Committee Comments to Amendments to Rule 32 Effective June 1, 2023; Appendix F, March 3, 2023 Order of the Alabama Supreme Court.
13 Ala. R. Jud. Admin. 32(C)(7)(b); Appendix E, March 3, 2023 Order of the Alabama Supreme Court.
14 Ala. R. Jud. Admin. 32(C)(7)(b); Appendix E, March 3, 2023 Order of the Alabama Supreme Court.
15 Ala. R. Jud. Admin. 32(C)(7)(c); Appendix E, March 3, 2023 Order of the Alabama Supreme Court.
16 Ala. R. Jud. Admin. 32(C)(7)(d); Appendix E, March 3, 2023 Order of the Alabama Supreme Court.
17 Ala. R. Jud. Admin. 32(C)(7)(e); Appendix E, March 3, 2023 Order of the Alabama Supreme Court.
The Bar Foundation donated $1,000 to the Black Law Student Association at the Birmingham School of Law in May. The money was used as prize money for Law Day essay and art contests. The contests were open to area 9th through 12th grade students and the theme was the “Cornerstones of Democracy.”
In her winning essay, Kennedy Allen reminds us that “civics, civility, and collaboration will continue to be crucial in the development of our community as we look to the future. Maintaining our civic engagement, treating one another with respect, and cooperating to find answers will be crucial as we face new problems daily. By doing so, we can become responsible, engaged citizens who contribute to the betterment of our society. If we uphold these ideals, we may create a community that is not only prosperous, but also hospitable to all residents.”
Second-place author Channelle Pritchet gave her take on the same subject. She wrote, “when we work together towards the goals we have in common, understand our rights and responsibilities as citizens, and treat each other with respect and kindness, we can create a positive impact on the community. Collaboration among community members helps to identify and address local issues. Civics education promotes civic engagement and participation in decision-making processes. Additionally, practicing civility fosters a positive and respectful community environment that encourages cooperation and problem-solving.”
Third-place essayist, Maurice Jones, Jr. took a more social approach in his submission. “Effective collaboration can help to build trust and foster a sense of belonging among community members. When individuals work together towards shared goals, they are more likely to develop a sense of shared purpose and camaraderie. This can lead to increased feelings of social connectedness and a greater sense of community identity. In turn, a strong sense of community can lead to increased social
capital, which can help to attract resources and investment to the area, creating a virtuous cycle of growth and development.”
The Bar Foundation also donated $1,000 to the Spain Park Law Academy. It’s Mock Trial team won the state contest, and they raised money to travel to the national
competition to represent Alabama. Your donations helped fund their travel.
The Spain Park Law Academy Mock Trial Team finished 10th in the national competition. It is the highest placement for the event in state history. Their captain, Camila Lopez, won recognition as one of
the Top 10 Outstanding Attorneys. The Foundation Board of Directors is proud of the Mock Trial Team’s achievements!
If you would like to help support other law-related activities in the Birmingham area, please donate to the Bar Foundation
by mailing a check to PO Box 1905, Birmingham, AL 35201 or visiting our website at bbfound.org.
Since 1923, United Way of Central Alabama has been a conduit for change in our area. They fund non-profit organizations that improve the quality of life for children, adolescents, and adults. Thanks to loyal volunteers and dedicated donors, the impact is real and meaningful.
The Legal Aid Society of Birmingham has been a proud member of the UWCA’s local legacy since 2017. In June 2023, at the City Walk BHM, UWCA celebrated 100 years of transforming communities. Legal Aid was among the agencies present to share the good news of how we make a difference in the lives of our clients. The LAS tent at the Centennial Celebration was hosted by Executive Director Jequette A. Edmonson Noland, and Staff Attorneys Courtney Reed Gordon and Sheila Weil.
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 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, 2001 Park Place North, Suite 430, Birmingham, Alabama 35203. For more information, please contact Jennifer Bates at jbuettner@birminghambar.org or Cindy Anderson at cindy.anderson@bbfound.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
Anne Marie Adams
Charles L. Denaburg
Massey, Stotser & Nichols
In memory of Stephen Richard Arnold
Barineau & Barineau
Robin L. Burrell
Massey, Stotser & Nichols
The Honorable Alan King
The Honorable Tom King Jr.
Leila H. Watson
In memory of Jeffrey Burns
Robin L. Burrell
In memory of Tommy Lee Dillard
Massey, Stotser & Nichols
Jerry Powell
Leila H. Watson
In memory of the Honorable
Anne L. Durward
Barineau & Barineau
Jennifer B. Bates
Birmingham School of Law
Bonnie Brown
Robin L. Burrell
R.A. “Sonny” Ferguson
Linda G. Fisher
Christina A. Graham
Georgia A. Haggerty
Alicia K. Haynes
The Honorable Alan King Lightfoot, Franklin & White LLC
Jean Wickstrom Liles
Massey, Stotser & Nichols
Kathryn McDonald
Betty and John McMahon
Celia and Jared Nadler
Harlan I. Prater IV
Mary R. Samuels
Amy and Trent Scofield
Solo/Small Firm Section
Southpace Properties
Linda Verin
Village Garden Club
Caroline E. Walker
Leila H. Watson
In memory of Evelyn B. Held
Robin L. Burrell
In memory of William Wiley Horton
The Honorable Alan King
Jerry Powell
In memory of James Fletcher “Jim” Hughey Jr.
William N. Clark
Edward Hardin Jr.
The Honorable Tom King Jr.
Jerry Powell
In memory of Hewlett Chervis Isom Jr.
William M. Dawson
Charles L. Denaburg
The Honorable Alan King
The Honorable Tom King Jr.
In memory of Kathleen Dineen Johnson
The Honorable Tom King Jr.
Leila H. Watson
In memory of David Richard King
Barineau & Barineau
Jennifer B. Bates
The Honorable Alan King
Letitia Landers King
The Honorable Tom King Jr.
Waldrep, Stewart & Kendrick LLP
In memory of Lester Wayne Kirk
Robin L. Burrell
In memory of Frank Edward Lankford Jr.
Barineau & Barineau
John S. Civils Jr.
Jerry Powell
In memory of Judge John G. “Jack” Lowther
Barineau & Barineau
The Honorable Alan King
In memory of
Hugh A. Locke Jr.
Dawn I. McDonald
In memory of Eugene “De” Martenson
Barineau & Barineau
H. Lanier Brown Jr.
John S. Civils Jr.
In memory of Doris McCardle
Charles L. Denaburg
In memory of Shirley Irene McCarty
Jerry Powell
In memory of Stephen Paul McMunn
Massey, Stotser & Nichols
In memory of Robert Edward Moorer
Barineau & Barineau
The Honorable Tom King Jr.
Jerry Powell
In memory of Gary Robert Seale
Jerry Powell
In memory of Clifford Spencer
The Honorable Alan King
Edward Hardin Jr.
In memory of Lewis Vastine Stabler Jr.
Jerry Powell
In memory of David Winn Stephenson
Massey, Stotser & Nichols
Jerry Powell
In memory of Jerome Tucker
Jerry Powell
Donation to the Bar Aid Trust Fund in memory of the Honorable Anne L. Durward
Rhonda Chambers
Dentons Sirote is pleased to announce that Jack Amster has joined the firm's Trusts, Estates and Wealth Preservation Practice Group as an associate.
and will have plans to participate in the mock trial program at UNA.
Huie Fernambucq & Stewart, LLP is pleased to announce that Jennifer Egbe was selected as a member of the 2023 class of Fellows by the Alabama Law Foundation.
Brockwell Smith LLC proudly announces that Will Hall has joined the firm as an associate.
Monica Graveline was elected Senior Vice President and General Counsel for Alabama Power Company.
Ruby Jackson was elected Assistant Corporate Secretary for Alabama Power Company.
Balch & Bingham LLP has pledged $500,000 to establish the Balch & Bingham Endowed RoundTable in Law and Business at The University of Alabama School of Law. This roundtable is designed to bring together legal scholars, business practitioners, and persons engaged in enterprise to discuss issues, opportunities, and areas of concern at the intersection of law and business.
In its 60th year, the Rotary Club of Shades Valley is pleased to announce attorney Jon E. Lewis as its new President.
Bradley Arant Boult Cummings LLP is pleased to announce that Keith Windle has rejoined the firm as a partner in the Real Estate Practice Group.
Bradley Arant Boult Cummings LLP is happy to announce that partner Anne Marie Seibel has accepted the gavel as the 2023-2024 chair of the American Bar Association Litigation Section.
Burr & Forman LLP announces the addition of Jessica A. Hornbuckle as an associate in their Tort Trial, Insurance and Product Selection practice group.
Bradley Arant Boult Cummings LLP is pleased to announce that Edward S. Sledge IV has received the Richard L. Neumeier Excellence in Service Award from the International Association of Defense Counsel, the preeminent, invitation-only global legal organization for attorneys who represent corporate and insurance interests.
Fish Nelson & Holden, LLC is pleased to announce that Erin Agricola has joined the firm as an associate attorney.
Hyde Carby joins Balch & Bingham LLP as a partner in its Estate Planning and Trusts Practice Group.
Baker Donelson has pledged $10,000 to establish the Baker Donelson Lawyers of Tomorrow Scholarship at the University of North Alabama. The recipient will be a current student or graduate of Birmingham City Schools, will have completed at least one year in the Students Today | Lawyers Tomorrow Program,
Hall Booth Smith is proud to announce the addition of associate Alexander Makarenko to its firm.
Steven P. Gregory of The Gregory Law Firm, P.C. has been admitted to practice in Tennessee, and the firm announces the opening of its new office at 600 Republic Centre, 633 Chestnut Street, Chattanooga, Tennessee 37450.
The Nomberg Law Firm announces that David P. Nomberg has been inducted as a Fellow of the College of Workers’ Compensation Lawyers.
Huie, Fernambucq & Stewart, LLP is pleased to announce that Logan Manthey and Lorel Stano have joined the firm as associate attorneys.
Balch & Bingham is pleased to welcome Clark Watson as he returns to the firm where he will serve as counsel in the Banking & Financial Services and Corporate & Commercial Practices.
