Bulletin Fall 2021

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Bulletin BIRMINGHAM BAR ASSOCIATION

What’s Your Side-Gig? Members share what other interests drive them in their free time. 24

Vol. 42, Issue 3 | Fall 2021

Members Who Motivate Us See how Joyce Vance and Richard Riley pursue justice and spend their time outside of work. 26



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Message from the

Executive Director Thank you for taking a few minutes out of your busy schedule to read the fall issue of the BBA’s Bulletin magazine. We use this space for showcasing the great work of our members — for hearing your voices and seeing your faces. Because we were able to host events over the summer, this issue is Jennifer with Pooja Chawla. primarily devoted to sharing pictures of our members enjoying those events. This magazine also strives to reflect the BBA’s values: professionalism, respect, unity, equity, public service, camaraderie, fellowship and integrity. If you have news or a story that is in keeping with the mission and values of the BBA, please share it with me. I hope that you enjoy all of the great things that accompany the fall season . . . cooler weather, football, tailgating and making plans for the holidays. Between the busyness of your fall schedule, please make time to attend some of our upcoming events. You can find out what’s going on at this link: https:// birminghambar.org/events/event_list.asp See you soon! Jennifer M. Buettner Executive Director

Published for the Birmingham Bar Association by Starnes Media

2021 Officers of the BBA H. Lanier Brown II, President Allison O’Neal Skinner, President-Elect Marcus M. Maples, Secretary/Treasurer Andrew S. Nix, Immediate Past President Jennifer M. Buettner, Executive Director

2021 BBA Executive Committee Robert E. Battle Rebecca A. Beers Pooja Chawla Starr T. Drum J. Price Evans IV

Hope S. Marshall D.G. Pantazis Jr. Ryan P. Robichaux Sharon D. Stuart Leslie A. Wright

Frances Ross Nolan, ADR Section Mary Frances Fallaw, Bankruptcy/Commercial Law Section Norman M. Orr, Business Law Section G. Lauren Breland, Criminal Justice Section Michael F. Walker, Federal Practice Section Joi L. Travis, Probate Section W. Alan Duke Jr., Solo Practice/Small Firm Section Tina Lam, Women Lawyers Section Edward J. Berry, Workers Compensation Section Al F. Teel, Young Lawyers Section Ruby B. Jackson, Magic City Bar James M. Terrell, ASB Commissioner

Birmingham Bar Association 2021 Second Avenue North Birmingham, AL 35203 205-251-8006 birminghambar.org jbuettner@birminghambar.org To advertise in the Bulletin, contact Dan Starnes at dan@starnesmedia.com. For information about this publication and/or advertising rates, call 205-617-9609. Starnes Media produces seven monthly newspapers in the Birmingham metro area: 280 Living, Cahaba Sun (Trussville), Homewood Star, Hoover Sun, Iron City Ink (downtown Birmingham), Vestavia Voice and Village Living (Mountain Brook). Starnes Media also produces chamber membership directories, quality-of-life magazines and business marketing materials. Starnes Media. All rights reserved.

Jennifer Buettner, Beth McElroy, Christi Graham, Leslie Barineau, Judge Caryl Privett.

Reproduction or use of editorial or graphic content without prior permission is prohibited.

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In This Issue 08 President’s Message

14 Social Events

Our Sections and Committees are bringing value to our members.

24 What’s Your Side-Gig?

32 School Supplies Drive

We are grateful to all BBA and Magic City Bar Association members who donated money or supplies to our drive.

36 Better Together I am proud to be a lawyer and consider it a privilege to be able to represent and advocate for my clients.

12 BBA Skeet Shoot These members have hobbies that could be a second career.

26 Members Who Motivate Us

We can contribute to good causes from home and/or virtually, but being able to do so in person just feels so much better.

38 Why They Volunteer VLB volunteers share the satisfaction they feel by making a difference in the community. Thanks to BBA member Price Evans, we recently enjoyed the return of a 26-year tradition of holding a skeet shoot.

See how Joyce Vance and Richard Riley pursue justice and spend their time outside of work.

40 Upcoming CLEs 42 Attorneys in the News

On the cover: The Birmingham Barons face the Chattanooga Lookouts in a Minor League Baseball game at Regions Field in downtown Birmingham on Aug. 11. Photo by Erin Nelson.

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From the President I am proud to be a lawyer and consider it a privilege to be able to represent and advocate for my clients. I enjoy the strategizing, the continual learning and the problem-solving that are integral to being a lawyer. I appreciate and uphold the highest standards of professionalism, integrity and respect demanded by our ethical code. But one of the things that I value most about my career as an attorney is the opportunity to work with and get to know each of you — all of the lawyers and judges who I am pleased to call my colleagues. Interacting with lawyers and judges is one of the things that I am enjoying most during my tenure as President of the BBA. Each of you is an important part of our legal community, and I appreciate all that you do for your clients, for the Bench and the Bar, and for the Birmingham community. At the BBA, we plan events and programs based on what we believe lawyers want. It is with you in mind that we have hosted a number of unique events and programs that I hope you have been able to enjoy. ► On May 6, we celebrated Law Day 2021 with guest speaker Attorney Fred Gray in conversation with long-time BBA member and Past President Bill Clark. Attorney Gray discussed the Law Day theme, “The Rule of Law,” describing his tireless work of using the legal system to “demolish segregation in all of its forms.” If you missed the live version of our program, you can watch it by visiting this link on our website: https://birminghambar.org/ page/oral_history ► Teaming up with the Magic City Bar Association, the BBA’s Birmingham Connection Committee hosted a highly successful School Supplies Drive. Together with the MCBA, we raised about $5,000 in supplies and funds and were able

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Birmingham Bar Association President Lanier Brown. to provide items to every second grade student in the Birmingham City School System. Thank you to Sidney Jackson, MCBA’s President this year, for partnering with us on this project. Thank you to everyone who donated. Our very generous members helped make this community outreach project such a success. We have recognized you on pages 34-35 of this issue. ► In conjunction with the School Supplies Drive, we jointly hosted a summer

social in the courtyard along with the Magic City Bar Association. This was a way to thank you for participating in the drive. We were honored to have District Attorney Danny Carr, whose Helping Families Initiative distributed the school supplies that we collected. In addition, Terri Lovell, the Alabama State Bar’s new executive director, attended to support our efforts and to get to know some of the lawyers practicing in the largest judicial district in the state.

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From left: Roderick van Daniel, Merika Coleman, Judge Sherri Friday and Lanier.

District Attorney Danny Carr, above, and BBA President Lanier Brown, top, with some of the results of this year’s enormously successful school supplies drive. Throughout the summer, we hosted smaller social events to keep our members engaged and connected, taking advantage of our beautiful courtyard or Zoom to maintain a pandemic-safe environment. Some of these networking opportunities included the following: ► Our In-House Committee hosted a highly interactive virtual networking event, with Committee Chairs Al Vance, Ruby Jackson and Erica Sheffield leading a lively get-to-know conversation

FALL 2021

with a group of BBA members who work in corporate settings. All attendees were able to go to Homewood Bagel Company (a hotspot owned by two local lawyers) for free coffee and bagels, compliments of the BBA. ► Court Liaison Committee Chairs David Fawal and Matt Moneyham coordinated a meet-up in the BBA courtyard for committee members to get together in person and enjoy drinks, snacks and fellowship. ► Because our first Virtual Coffee with the Judges was so popular, Rebecca Beers and Karli Guyther, two members of the Court Liaison Committee, organized a second Virtual Coffee with guest judges Presiding Judge Elisabeth French, Judge Marshell Hatcher, Judge Janine Hunt Hilliard, Judge Jim Hughey, Judge Javan Patton and Judge Chuck Price. Free coffee and bagels were available for attendees to pick up and enjoy while spending social time with judges and colleagues in Zoom breakout rooms. ► BBA member Price Evans organized and held the annual Skeet Shoot, a time-honored tradition that, for the past 26 years, has been held the morning of the BBA’s annual picnic. Even though we could not host the picnic this year, Price returned the Skeet Shoot to us, bringing

back a sense of normalcy to our Bar year. Thank you Price and everyone who participated! ► Pooja Chawla, Tom Walker and Richard Whitaker, Chairs of the Mentoring Program Committee, hosted a lively and fun social in the courtyard for all mentors and mentees who are participating in the Mentoring Program this year. ► The Probate Section has held two Virtual Coffee with the Judges events, both of which were organized by Section Social Chair Amy Osborne and very well attended. Joi Travis is chairing the Probate Section this year and has accomplished a number of other important initiatives, including starting a Section listserve, providing special treats for the Probate Court staff on several occasions, leading regular meetings of the Section’s Board, and Cinco de Mayo lunch. ► The Workers Compensation Section held a networking social in the BBA courtyard complete with jambalaya, beignets and a spectacular jazz band — all organized by Ed Berry, this year’s Section Chair. The event was so much fun that people walking by the courtyard on their way to dinner stopped in to enjoy the band! ► Members of the Business Law Section, chaired by Norman Orr, gathered

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at the new local wine bar, Aviné, to enjoy wine, cocktails and charcuterie while socializing with colleagues. This was a great spot for Section members to catch up outside of the office. ► The Young Lawyers Section’s 13th annual Golf Tournament and Social had to be postponed to avoid thunderstorms, but it went off without a hitch on the new date, and Section Chair Al Teel has more events planned for Section members this year. ► In addition to hosting its monthly CLEs, the Solo and Small Firm Section, with Alan Duke serving as Chair this year, held a Member Drive and Social at Monday Night Brewing. ► Criminal Justice Section Chair Lauren Breland organized a morning of volunteering at the Community Food Bank of Central Alabama, which was so much fun that the Section plans to make it a more regular event for its members. ► Tina Lam has led this year’s Women Lawyers Section in numerous events and programs, most recently a Zoom Game Night Social. In addition, the Section was pleased to be able to award funds to the Family Court in support of its programs to help kids whose families are transitioning through the court. The BBA has also continued to provide quality CLEs for our members to learn and grow in their practices. There are too many to describe here, so I will highlight some of the standouts: ► The Federal Practice Section hosted a virtual panel discussion of U.S. District Court Judges in a CLE entitled “Northern District Stories from the Pandemic and the Eventual Return to Normal: An Update from the Federal Bench.” Moderated by Section Chair Michael Walker, the CLE featured Chief Judge Scott Coogler, Judge Annemarie Axon, Judge Liles Burke and Judge Anna Manasco sharing their experiences with court proceedings during the pandemic and describing what lawyers might expect in the near future. ► The Probate Section and the Women Lawyers Section teamed up to provide their members a very informative CLE on general matters in Probate Court with experts in this field, Cedrick Coleman and Shannon Dye.

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Law Day: A Conversation With Legendary Attorney Fred Gray was May 6. ► A recent Criminal Justice Section CLE with guest panelists Judge Maria Fortune, Judge Alaric May, Judge Shanta Owens and Judge Stephen Wallace focused on do’s and don’ts in circuit and district Criminal Courts. ► Attorney Kameron Buckner led an extremely informative and interesting CLE on representing market influencers and provided guidance on issues ranging from contract negotiation to protection of intellectual property. You can take this and other BBA CLEs on our on-demand CLE platform at: https://bhba.vocalmeet.com/ home/ ► We provided education on financial fraud for our members featuring Assistant U.S. Attorney Robin Mark, Georgia Hendrick of Regions Bank, and Immediate Past President Andrew Nix. ► Michelle Clemon of the Clemon Consulting Group led an excellent

discussion on Title IX’s impact in women’s athletics with Katreshia Louis-Varrett, who is on the frontline of Title IX issues as the senior associate athletics director for UAB, and Arthur Bryant, who is a pre-eminent Title IX attorney representing clients across the country to ensure that colleges and universities are complying with the requirements of the law. As the summer winds down, I know that your law practice is becoming busier and that family and other personal commitments are filling up your days more and more. So thank you for taking the time to review this issue of the Bulletin magazine to see what the BBA has been up to. I hope to see you at all of our upcoming events. In the meantime, I am always available to receive your suggestions and ideas. If you would like to share your input or feedback, please contact me.

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BBA Skeet Shoot to benefit the Birmingham Bar Foundation Thanks to BBA member Price Evans, we enjoyed the return of a 26-year tradition of holding a skeet shoot on the second Friday of June. The event raises funds for the Birmingham Bar Foundation, and the Foundation uses the money to award grants to local nonprofit organizations engaged in legal-related projects (pages 22-23 of this issue highlight these grant awards).

2021 Skeet Shoot participants.

Price Evans, Martin Evans, Spin Spires and David Campbell.

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Ross Kinder, Bobby LeMoine and Judge Bill Cole.

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David Donahue, Josh Jones and Frank Cuccio.

The Skeet Shoot veterans.

Jack Neal and Loring Jones.

Kelly May, Trey Perdue, Spin Spires and Stan Cash.

David Campbell, Judge Bill Cole, Bobby LeMoine, Martin Evans and Jackson Neal.

Thank you to sponsor Simmons Sporting Goods! FALL 2021

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Our Sections and Committees are bringing value to our members Mentoring Committee Summer Social

Pooja Chawla, Judge Sherri Friday and Allison Skinner.

Will Delahay, Pooja Chawla, Jon Lewis, Allison Skinner and Roderick van Daniel.

Leaders and participants in the 2021 Mentoring Program.

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Criminal Justice Section Volunteer Morning

Section Chair Lauren Breland and Kandice Pickett.

Luckie Milad sorts food supplies.

FALL 2021

Ashley Ogles sorts cake mixes, a popular donation item.

Criminal Justice Section volunteers.

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Women Lawyers Section Board Social and Grant Presentation

Jequette Noland presents the check.

Ms. Shaniqua Hunter from the Family Court thanks the Women Lawyers Section.

The Women Lawyers Section awarded funds to the Family Court for its programs that help kids.

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Jequette Noland, Shaniqua Hunter, Section Chair Tina Lam and Abby van Alstyne.

Sylvion Moss and Judge Javan Patton.

FALL 2021

Jequette Noland and Shannon Dye.

Maibeth Porter, Rachel Friedman and Linda Friedman.

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Abby van Alstyne and Lauren Shine.

Kevin Berry, Leslie Barineau and John Civils.

Workers Compensation Section Social

The Daniel Carr Jr. Jazz Band (Ed Berry not pictured).

Kevin Berry, Tracy Cary, Section Chair Ed Berry and Stephen Palmer.

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Other BBA Events

Court Liaison Committee Social.

Elizabeth Smithart, Judge Brendette Green, Augusta Dowd, Judge Marshell Hatcher and Hope Marshall at the State Bar Annual Meeting.

Future Leaders Forum Class 12.

Birmingham Bar Foundation Courtyard Social.

Jimbo Terrell and Ed Berry.

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FALL 2021

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What’s your side-gig? All of our Birmingham Bar Association members are so much more than lawyers. Your lives are filled with family, friends, clients and community service, but you also have a variety of hobbies, talents and interests. Many of you could make a living in an alternate career such as restaurant critic, baker, artist, athlete, musician or stock trader. The members featured here have busy, successful legal practices but also find time to pursue other interests that they are passionate about. Ed Berry

MY MUSIC CAREER HAS COMPLIMENTED MY LEGAL CAREER What started as a kid in the basement bathroom squeaking on a sax has turned into a 35-year pursuit of music. I’ve been blessed over the years to play in many bands in the Birmingham area and to study with many great jazz musicians of the late 20th century from Alabama. Through apprenticeships with them, I grew musically to compose and record several albums of my own, including “David and Goliath,” which can be purchased on iTunes under Edward J. Berry and Harmony. I initially thought that law and jazz were polar opposites, but I have found over my career that the improvisational spirit of jazz is a great complement to law. Always be prepared, but, when you don't know what to do, improvise!

Neena Speer

REALIZING A CHILDHOOD GOAL OF STARTING A NONPROFIT TO HELP KIDS Step 1-2-3 Mentor for Life Initiative, a nonprofit mentoring program that I founded and lead, provides business skills, academic resources and extracurricular activities for K-12 students. I drafted the Step 1-2-3 business mentoring plan when I was just 8 years old and launched the program at age 23 as a 3L at the University of Alabama School of Law. The organization started with field trips with NASA to see “Hidden Figures” and board funding. Only five years later, Step 1-2-3 has obtained funding from sponsors like Magic City Bar Association (2020) and AT&T of Alabama (2021) to support the second annual Step 1-2-3 virtual STEM camp, encouraging low-income families and international students from South Africa to attend to learn about STEM, IP Law and Leadership Skills. I am proud to see my childhood plan become a reality and am eager to see how much Step 1-2-3 Mentor for Life can grow and how many more students our programs can impact.

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David Horton

SHARING MY LOVE OF SPORTS IN A SERIES OF PODCASTS I host a sports podcast called “The Fanatic Esquires” with my law school buddy, fellow esquire and co-host Patrick Burglass. Denzel Okinedo, who works as an associate at Burr Forman, deserves credit for the start of “The Fanatic Esquires” because he brought up the idea of Patrick and me doing a podcast when he was talking to us in the hallway of Cumberland School of Law in our final year of law school. Patrick and I are huge sports fanatics. We talk about, provide analysis on and make predictions on the major news and events in college football, the NFL, the NBA, college basketball, the MLB and golf on “The Fanatic Esquires.” June 2021 was the 10th episode of the podcast, and Patrick and I have a lot of fun recording the podcast episodes. “The Fanatic Esquires” is on Apple Podcasts, Spotify, Google Podcasts, Amazon Music, iHeartRadio, Pandora, TuneIn+ Alexa and wherever you listen to your podcasts. #OnlySportsTalk.

Jenna Bedsole

EMMY-NOMINATED FILMMAKER In 2015, I volunteered with the Alabama State Bar to create a three-minute film on Nina Miglionico, an inductee into the Alabama Lawyers Hall of Fame. I got a bit carried away: that three-minute film turned into a 56-minute documentary that premiered at the Sidewalk Film Festival. I have since written, produced and directed three other documentary films. Two of my documentaries were nominated for Southeast Emmys, including the film I wrote, directed and produced that celebrated the 100th Anniversary of the 19th Amendment. All of them have been shown on Alabama Public Television and in many other venues. Making documentaries is something I really enjoy. Some people run marathons; I create documentary films.

Dr. Roderick Van Daniel

THE ENERGY AND EXCITEMENT OF BEING AN ACTOR I had to really think about which side gig to address. I have numerous side gigs. However, the most interesting one is that I am an actor. I began acting in 2017 when I moved to Boston. I had the opportunity to work on “Daddy’s Home 2.” I have not looked back since that point until the pandemic slowed me down. My first significant principal role as an actor was being featured in the movie called “Deposit,” which was released in 2020 on Tubi TV, Amazon Prime and the Roku Channel. My character was named Ricky, and I was a police/detective. I was the hero in this movie; I saved the main character’s life at the end. Also, I have worked as an actor in “Law & Order: SVU,” “Blue Bloods,” “Ray Donovan,” “Power,” “Castle Rock,” “Miss Virginia,” “Luke Cage” and others. I have worked in multiple cities as an actor, such as New York City, Boston, Washington, D.C., Atlanta, Baltimore, Memphis and more. I love the energy and the creative community within the acting world. Being an actor and a lawyer are both intertwined to me in that both arenas have to captivate an audience — as an actor, it’s the audience, and as an attorney, it’s the jury. It is interesting when you are on the set of a film and you are working with the likes of Denzel Washington, Ice-T, Mariska Hargitay, Lela Loren, Tom Selleck, Andre Holland, Rosie O’Donnell, John Cena, Will Ferrell, Mark Wahlberg and Mel Gibson. The energy level is phenomenal. It makes me want to continue to grow in the industry. Maybe one day, I will get a starring role as a lawyer. Only time will tell.

FALL 2021

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Members Who Motivate Us Learn how these two BBA members are pursuing justice and furthering the rule of law ... and a little about their lives outside of the law. Joyce Vance

Members Who Motivate Us Joyce served as the U.S. Attorney for the Northern District of Alabama from 2009-17, where she was responsible for overseeing all federal criminal investigations and prosecutions in north Alabama, all affirmative and defensive civil litigation on behalf of the government and all federal criminal and civil appeals. Before being unanimously confirmed by the Senate to assume the role of U.S. Attorney, Joyce was an Assistant U.S. Attorney in Birmingham for 18 years. Currently, students at the University of Alabama School of Law are fortunate to call Joyce “Professor Vance.” In addition, national news outlets frequently call upon Joyce to provide legal commentary on legal matters that are making news. Joyce and her husband, Judge Bob Vance, have four kids, Robert, Teddy, Ellie and Ollie. You can follow Joyce on Twitter, @JoyceWhiteVance.

Above: Joyce with former U.S. Attorney General Eric Holder. Below left: Joyce and Bella. Below right: Joyce and Judge Bob Vance on vacation.

Q: You have accomplished so much throughout your legal career. What are two accomplishments that are the most meaningful to you? A: Well, I’d have to say my kids and my

marriage, but if we’re talking professional here, I would say that the outreach we did while I was U.S. Attorney to communities that had not always had a close relationship with the Department of Justice — including the Muslim community, people who had previously been in prison, dreamers, LGBTQ folks and others — really mattered a lot to me. The ability to seek justice is something that should belong to everyone, and I hope we made it more possible. Second, I am so honored to have the chance at the University of Alabama

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School of Law to share my experiences as a lawyer with my students. Having the chance to play a role in equipping the next generation of lawyers with the tools they need to serve our community means a great deal to me.

Q: What do you appreciate most about working with other lawyers? A: Over the last few years, I’ve especially

come to appreciate working with lawyers who, even when we disagree on the best approach, have a common commitment to the Constitution and the rule of law. And of course, the bad lawyer jokes!

Q: Who has been your professional role model? A: Former Alabama Justice Janie Shores

was one of my early role models. She was smart, she worked hard until she got things right, and she spoke truth to power.

Q: What do you enjoy most about your role as a legal news commentator? A: I spent 25 years as a federal prosecutor

and, honestly, I don’t think anyone ever stopped me on the street and asked, “How does the grand jury work?” The current interest in our legal system and the chance to explain it to folks who are not lawyers is one of the most gratifying parts of being a legal analyst. I also really appreciate the opportunity to stay in touch and work with former DOJ colleagues.

Above: Joyce on the set of MSNBC, where she is a regular legal commentator. Below left: Joyce’s dream career is a knitter ... if there is such a career. Below right: Joyce with Pickles.

Q: What book are you currently reading? A: I’m reading Richard Delgado and Jean

Stefancic’s (my UA colleagues) primer on critical race theory. With all the controversy swirling around critical race theory right now, I’m trying to make sure I understand the basics so I can sort through what people are arguing about.

Q: If you weren’t a lawyer, what career would you pursue? A: Is professional knitter a career? If not

that, I have been really happy both as a practicing lawyer and as an academic and I don’t think I would change a thing.

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Q: What is your favorite vacation spot and why? A: This is such a hard question, so I’m

going to hedge a little bit and say any place I can get out in nature and hike or be on the water. Favorite spots include Maine, Montana and Iceland.

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Richard Riley An appellate attorney his entire career, Richard was invited to practice at Marsh, Rickard & Bryan, P.C. in 2016. Recently, he was awarded the Appellate Advocacy Award by the Pound Civil Justice Institute, which is given to attorneys who have been instrumental in securing a final appellate court decision that is pivotal to matters such as access to justice, the right to trial by jury, civil rights and others. The award recognizes Richard’s work on the legal team for Aubrey Williams, a Birmingham man who was shot twice by a Birmingham City Police Officer. Williams’ legal team brought an action under 42 U.S.C. § 1983 and Alabama law, alleging that Williams was maliciously prosecuted on the charges of attempted murder. The officers moved for summary judgment on the grounds of qualified immunity and state-agent immunity, but Magistrate Judge Ott denied that motion and the Eleventh Circuit upheld the denial. On appeal, Richard argued that the “any crime” rule (which provides immunity from false-arrest claims if probable cause existed to arrest the suspect for any crime) does not apply to § 1983 malicious prosecution claims (Williams v. Aguirre, 965 F.3d 1147 (11th Cir. 2020)). The Eleventh Circuit’s ruling resolved a conflict in circuit court precedent. More information about the case can be found at: https://www.facebook.com/ MarshRickardBryan/. Richard and his wife Kristy have two kids, Scarlett (13) and William (9).

Q: Congratulations on receiving the 2021 Appellate Advocacy Award from the Pound Civil Justice Institute. Tell us what that award means to you? A: I am very proud to have received this award, but I want to emphasize our ability to secure a victory at the appellate level was based on the terrific work of David Marsh, Rip Andrews and Alan Lasseter at the trial court phase. So it was a team effort — Alan had the primary relationship with Aubrey and obtained all the good deposition testimony; Rip worked up the expert side of the case; and David

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Members Who Motivate Us

Above: Richard with his family: wife Kristy, son William and daughter Scarlett. Below left: The holidays with the Riley family. Below right: Richard with William and Scarlett.

masterfully negotiated a settlement. Receiving the award is meaningful because it sends a message to police officers and municipalities that they will be held accountable for abusive tactics in their law enforcement activities. In addition, the Eleventh Circuit’s decision indicated that the dashcam video presented by the defense in the case had been manipulated and that “someone was lying.” I was fortunate to have had the opportunity to work on a case about police misconduct,

a topic that is being debated in the halls of Congress right now.

Q: Why did you choose a career focused on appellate work? A: I started my legal career handling

appellate cases because I realized early on that I did not like the conflict inherent in trial work. I can be a zealous advocate, but I am not wired for the adversarial aspects of cross-examination, so the research, writing

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Above left: A Halloween family portrait. Above center: Richard and his family enjoy vacationing in places that are rich with history. Above right: Richard enjoys running in his spare time. Below: Richard, William and Scarlett on vacation. and litigation strategy involved in appellate work fits my personality much better than trial work. But I really enjoy being part of a team, so I made the move from being a solo appellate attorney to Marsh Rickard, where the appellate lawyers are involved in almost all of the firm’s cases. For me, the enjoyable part of appellate work is finding out what the law is for a particular situation — namely, putting the law together with the facts of our case to explain what the outcome should be based on the history and goal of the law. Appellate advocacy sometimes yields a result that will live beyond me.

Q: What is it about lawyers that you think the public misunderstands? A: Non-lawyers generally have

misconceptions of the law itself, so they don’t understand what lawyers do. Many people believe the law is black and white and that lawyers exist to manipulate the black and white. I think lawyers need to do a better job of explaining that much of the law is in the gray, and that there are nuances and complexities involved in every legal situation. If non-lawyers understood that there are no simple, concise answers, they might have a better impression of lawyers.

Q: Outside of the legal profession, FALL 2021

who do you most admire? A: I admire people who have courage to

do the right thing in the face of pressure or when no one is watching. Also, I am drawn to people who can overcome injustices, like Aubrey Williams, who was wrongly convicted and falsely incarcerated for years. Since his release, he has reclaimed his life and moved forward admirably.

Q: What books are you reading? A: I finished “The Splendid and the Vile,”

a Churchill biography, a couple of months ago. I’m in the middle of the fourth “Game of Thrones” book right now, “A Feast of

Crows,” but I love the classics. I just finished “Lonesome Dove.” Also, I read with my kids. William and I just finished “Mrs. Frisby and the Rats of Nimh,” and we are working on “The Ickabog” by J.K. Rowling.

Q: What is your favorite vacation spot and why? A: My family and I love vacations where we can learn more about history and be outside, so we visit museums and old buildings. We recently went to New Orleans and Washington, D.C., and we hope to go to Boston after we can get William a COVID-19 vaccine.

31


BBA, MCBA team up to host school supplies drive We are grateful to all Birmingham Bar Association and Magic City Bar Association members who donated money or supplies to our school supplies drive. With your help, we raised approximately $5,000 in funds and supplies, and we were able to provide crayons, markers, pencils, glue sticks and other items to every second grade child in the Birmingham City School System.

The supplies are ready for pick-up by Birmingham elementary school principals.

BHM Connection Committee Co-Chair Breauna Peterson with D.A. Danny Carr.

Danny Carr, second from left, with school administrators.

32

HFI’s Brittany Daniels with BHM Connection Committee Co-Chair Joi Travis.

Ashley Smith, Brittany Daniels, Jasmine Allen (Helping Families Initiative) with BBA members Abby van Alstyne and Georgia Haggerty.

BIRMINGHAM BAR BULLETIN


MCBA President Sidney Jackson, Travis McCormick, Kelli Ewing and Ruby Jackson.

Ruby Jackson, Stacy Moon, Anne Marovich and ASB Executive Director Terri Lovell.

Melissa Sherer, Danny Carr, Terri Lovell and Jeremy Sherer.

We partnered with District Attorney Danny Carr and the Helping Families Initiative, led by Melissa Sherer, to distribute these much needed items to administrators at each Birmingham elementary school.

Danny Carr, Judge Marshell Hatcher and MCBA President Sidney Jackson.

Chris Christie, Danny Carr, Leila Watson and John Lentine.

Ruby Jackson, Melissa Sherer, Alexis Jackson and Breauna Peterson.

Terri Lovell, Jennifer Buettner, Danny Carr and Melissa Sherer.

Nicki Lawsen, Anne Marovich, John Lentine and Stacy Moon.

Jeremy Sherer, Melissa Sherer and Breauna Peterson.

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I N G H A M B M R A R I B I C C I T Y B A G R M A

Thank You for Donating to the School Supplies Drive Shirley Allen Jessica Atkinson Ernest Bates Rebecca Beers Thomas Bowron Lauren Breland Lanier Brown Stephanie Burch Caitlyn Burchfield Jake Burchfield Kathryn Bushby Caron Byrd Devan Byrd Laura Cato Beth Chambers Rhonda Chambers Lindsey Cochran Kathy Collier Rhonda Cooper Bailee Curtis

34

Lacey Danley Rick DiGiorgio Kristi Dowdy Starr Drum Judge Anne Durward Linda Flippo Ronald Gault Courtney Gipson Benjamin Goldman Christi Graham Daniel Grattan Georgia Haggerty Judge Madeline Haikala Hare Wynn Judge Marshell Hatcher Angela Henderson Stephen Hunt Jr. Ben Hayley Ruby Jackson Sidney Jackson

BIRMINGHAM BAR BULLETIN


I N G H A M B M R A R I B I C C I T Y B A G R M A

We raised over $5,000 in Funds and supplies Margaret Johnson-Cornelius Margaret Jones Robert Jones Leigh Kaylor Jayna Lamar John Lentine Jon Lewis Terri Lovell Anne Marovich Hope Marshall Molli Masaniai April Mason Travis McCormick Beth McElroy Virginia McKibbens Candis McGowan Bob Methvin Tanisia Moore Jack Neal Bernard Nomberg

FALL 2021

Breauna Peterson Deborah Pickens Adam Pittman Frances Quick Mary Raley David Ringelstein Jeffrey Rogers Ramona Russell Devona Segrest Marnie Shook Susan Silvernail Allison Skinner Debbie Smith Crystal Smitherman Jimbo Terrell Joi Travis Joyce Vance Leila Watson Lois Woodward Leslie Wright Abby van Alstyne

35


Better

Above: MCBA members volunteered at the “Women Under Construction” clinic.

Together By President Sidney Jackson As some of you may have seen over the course of this year, our Magic City Bar Association’s 2021 theme is “Onward. Upward. Together.” I cannot emphasize “Together” more. Indeed, many of us began to slowly get back together, in-person, after being vaccinated. More people were out and about without masks. It seemed — dare I say — almost normal. It was wonderful to see the faces of friends, family and colleagues who, in some instances, we had not seen in over a year. It was wonderful to see peoples’ mask-less faces in general. However, there were still many people who refused (and still refuse) to get vaccinated. Because of the concern in our community about the vaccinations, the Magic City Bar Association (“MCBA”) organized a panel of brilliant young doctors for a

36

Above: MCBA Town Hall on COVID-19. virtual Town Hall to discuss the importance of taking the COVID-19 vaccine and to directly answer any questions our community members may have about

the vaccinations. The Town Hall was a success. The doctors spoke candidly. Many questions were answered, and several of our audience members signed up to

BIRMINGHAM BAR BULLETIN


be vaccinated immediately following the program. Because more people were being vaccinated across the country, we saw mask mandates and social restrictions slowly being lifted for those who received “the shots.” The MCBA was thrilled to begin scheduling more in-person events for our membership and events to help our community. In June, the MCBA teamed up with “Women Under Construction” to provide free wills and POAs to members of our community. Our MCBA volunteer attorneys drafted well over 50 wills and POAs for Birmingham residents at the Oxmoor Valley Community Center. We accomplished this awesome day of service together. Additionally, the MCBA and Birmingham Bar Association teamed up with District Attorney Carr and the Jefferson County DA’s Office for the back-to-school School Supplies Drive to help local families. We were excited to co-host a happy hour social with the BBA to further support the backto-school drive. The afternoon was filled with laughter, cheer, fellowship, excellent live music (thank you, Ed Berry and

bandmates!) and, most importantly, raising funds and supplies for the local families. Together, we made the event a success. As the summer comes to an end, we must also say our goodbyes to our summer law clerks as they begin returning to campus. Each year, the MCBA holds its Annual Law Clerk Reception for all summer law clerks in the Birmingham area. It is one of our most popular events. Although we could not have it last year, we had it this year on the rooftop of Wiggins Childs Pantazis Fisher & Goldfarb LLC during the first week of August. The event is an excellent way to show our law students that we support them. It is also perfect for networking and getting to know future colleagues of the Bar. We enjoyed seeing many of you there to greet and celebrate our summer law clerks together! We realize that it still has not returned to “normal” as it relates to COVID-19 and social guidelines. In fact, the COVID19 variants, including Delta, have been causing renewed fear. We encourage our colleagues to get vaccinated unless their individual health condition will not allow

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FALL 2021

it. The few times we have been able to get out and be social were all for good causes. Sure, we can contribute to good causes from home and/or virtually, but being able to do so in person just feels so much better. I cannot wait to see each and every one of you, in person, sometime soon. Onward. Upward. Together.

Sidney Jackson is the 2021 President of the Magic City Bar Association

If you are not a member of the MCBA, I invite you to join us! Please visit our website at magiccitybarassociation.org.

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Why they volunteer VLB volunteers share the satisfaction of making a difference in the community.

Amanda Cutshall Goozee

Susan McAlister

Melinda Guillaume

When asked what keeps them coming back, volunteers for Volunteer Lawyers Birmingham (VLB) talk about their passion for the clients, the chance to step outside their daily practices and help in different areas of the law, and a professional obligation to share their skills with those who could not otherwise afford an attorney. Many also talk about a sense of personal connection with the clients they help. “A lot of clients are feeling beaten down or defeated for one reason or another, and by just having confidence there is someone who is able to help them, I get the sense that’s what they need,” says Amanda Cutshall Goozee, an attorney with Carr Allison. Goozee recalls meeting a woman who was living in Section 8 housing and had to move out after a tree fell on the house in a storm. She and her children had nowhere to

go because her landlord would not return her deposit until 60 days had passed. The client desperately needed the money to pay a deposit for new housing. “I was able to get on the phone that day and talk to them, and by the end of the day, there was a check ready for her to pick up. Just having a lawyer on the phone helped expedite the process so she and her kids could get into a new home,” Goozee says. “That felt good. I knew that day I was able to help somebody out in a tangible way.” Susan McAlister, who volunteers every week with the Domestic Relations Help Desk, shares the story of a client who represents the essence of why McAlister keeps volunteering. “Her husband moved to another state and wasn’t giving them any money. She was working to support herself and three kids with a low-paying job, and when I met her, she was facing an unlawful detainer,”

McAlister explains. “I don’t think she was even hoping to get any money from him. But now it looks like we’re going to get some child support. She is so strong, she inspires me. If I played a little part in helping her get back on her feet, that’s huge to me.” Melinda Guillaume, who also volunteers every week at the Domestic Relations Help Desk, says she has missed meeting with clients in person but is glad for the ability to continue helping them throughout the pandemic. “The clients who stand out the most to me are the ones who live in abusive relationships and come to VLB for help,” she says. “So many of our clients express how grateful they are that VLB is able to provide assistance to them that will enable them to navigate the divorce process and provide them with information and guidance they need to make life decisions.”

So many of our clients express how grateful they are that VLB is able to provide assistance to them that will enable them to . . . make life decisions.

38

MELINDA GUILLAUME

BIRMINGHAM BAR BULLETIN


Marc Cavadel shares experience of first-time volunteering during the pandemic. For attorney Marc Cavadel, who signed up to volunteer for VLB after retiring from Protective Life at the end of 2020, virtual Help Desk volunteering is the only way he’s known, and he’s done it with great success. One of his first assignments quickly morphed into an extended-representation case, which was fine with him. “There was a client who was an independent contractor, didn’t make a lot of money, and she felt she was shortchanged on some of the work she had been doing for several months,” he remembers. “I was asked to look at it and at least advise her on filing a small claim, but once I had consulted with her, it was clear her claim had merit. But I knew it would take a lot more than just an hour on a phone call.” Cavadel spent nearly 15 hours over two months working on the case. He ultimately negotiated a settlement that was very

I didn’t really do anything that she could not have done for herself had she not been in this situation with an imbalance of power.

Marc Cavadel favorable to the client. “The other party has an attorney, and she was totally overpowered. What she really needed was someone to stand toe-to-toe with this more powerful entity. That’s one of the things that intrigues me. I didn’t really do anything that she could not have

MARC CAVADEL

done for herself had she not been in this situation with an imbalance of power.” Cavadel adds he was able to do all of this remotely, although he decided at the end to deliver the check in person. “That was very rewarding.” To volunteer with VLB, please contact Michelle Horn Brown at mbrown@ vlbham.org or 205-623-0901.

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Upcoming CLE Opportunities Save these dates and watch for announcements about the remaining BBA CLE programs in 2021: Sept. 10: Real Estate (Commercial Leasing) Sept. 24: Appellate Advocacy Oct. 1: Veteran’s Benefits and Social Security Disability Nov. 2: Attorney Wellness Nov. 4: Employment Law Nov. 18: DUI, Traffic Court and Expungements: Part 2 Dec. 1: Constitutional Law: Access To Justice Dec. 14: Insider Trading Photo by Erin Nelson.

Dec. 16: Ethical Considerations: Converting Leads/ Marketing

Visit birminghambar.org for additional information on all programs.

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Attorneys in the News

Hooks

Wilkinson

Weinberg Wheeler Hudgins Gunn & Dial is pleased to welcome partner Jonathan Hooks and associate Ethan Wilkinson to the firm’s growing Birmingham office.

Johnson

McKitt

Claire Johnson and Shalyn McKitt have recently joined Balch & Bingham’s Birmingham office. Ms. Johnson joins as a member of the Environmental & Natural Resources Practice, and Ms. McKitt joins as a member of the Litigation Practice, with a focus on health care litigation. Huie, Fernambucq & Stewart LLP announces that Bret Thompson has joined the firm as a lateral hire, practicing in the areas of product liability, transpor- Thompson tation and insurance coverage and defense. Southern University Law Center student Crystal Armstrong has become the first

42

recipient of Lightfoot, Franklin & White’s new annual Diversity Scholarship. The firm awarded Ms. Armstrong a $10,000 scholarship and a summer clerkship in the Birmingham office. Bradley Arant Boult Cummings LLP announces that Partner Ryan P. Robichaux has been elected as an Alabama State Bar commissioner for the 10th Judicial Circuit. Mr. Robichaux began his three-year term July 1.

a two-year term.

Armstrong

Robichaux

Smith

Dominick Feld Hyde proudly announces that Ragsdale Barry A. Ragsdale has joined the firm as a shareholder in the Litigation group. Bressler, Amery & Ross, P.C., announces that Beth Graham has rejoined the firm as an associate after her judicial clerkship with the Honorable Corey L. Maze, U.S. District Court. Walter F. McArdle, with Spain & Gillon LLC, was named as the co-chair of the Commercial Fraud Committee of the American Bankruptcy Institute for

Balch & Bingham is honored to announce that David Boyd, a partner in both the firm’s Birmingham and Mont- Boyd gomery offices, was elected the sixth president of the Alabama Law Institute.

McArdle

Doty

Carol Ann Smith and Christopher Doty announce the formation of Smith & Doty, P.C., where they will specialize in complex business, employment, construction and civil litigation. The firm has moved to a new office located at 2700 U.S. 280, Suite 203W, Birmingham, AL 35223. Jenna M. Bedsole was recently elected to Managing Shareholder of Baker Donelson’s Birmingham Office. Ms. Bedsole will maintain her legal practice, Bedsole which is focused on representing employers in a broad range of employment matters. Laura Winston, a Corporate Real Estate attorney at Alabama Power Company, recently received her professional

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Dentons Sirote Bringing the world to Alabama by connecting you to more talent in more locations than any other law firm – from Birmingham to Barcelona and beyond. Local. National. Global. Wherever you need us. Dentons, the law firm of the future is here. dentons.com/sirote © 2021 Dentons. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. Please see dentons.com for Legal Notices.


Attorneys in the News certification from the Diversity, Equity and Inclusion program at Cornell University. She is also the founder of Law Wellness, a wellness coaching community for lawyers.

training and development that will prepare them for a career in litigation. This summer, the firm welcomed Julie Potts, a student at The University of Alabama School of Law, to the program in its Birmingham office.

Winston

Hollis, Wright & Clay, P.C., welcomes new attorney Craig Shirley to the firm. McGlinchey Stafford announces Shirley the launch of Uplift, the firm’s newly reimagined women’s initiative. Uplift will be a forum for McGlinchey’s women attorneys to convene, engage, empower and advocate for each other in their work, in leadership, in their communities and across the legal profession and industries the firm serves. Fish Nelson & Holden is pleased to announce that Ashleigh Woodham has rejoined the firm as an associate attorney. Her litigation practice will continue to focus on workers’ compensation and employer liability.

Woodham

RumbergerKirk’s 2021 Summer Associate Program offers law students who Potts are entering their final year of law school the hands-on

44

Lightfoot, Franklin & White LLC is proud to welcome its inaugural class for the 2021 Lightfoot Trial Academy: Greta Chen, Mary Catherine Cook, Olivia Fenderson, Stephen Galloway, Natalia Malinowski, Roop Patel and Tomás Rios. R. Wendell Sheffield, managing partner of Sheffield & Lentine, P.C., has been awarded the Roderick Beddow Sr. Lifetime Achievement Award by Sheffield the Alabama Criminal Defense Lawyers Association for his extraordinary service to the ACDLA and the criminal defense bar. Balch & Bingham’s Ed Haden, a Partner in the firm’s Birmingham office, recently authored “Alabama Appellate Practice,” a 450-page book published by CLE Alabama.

world’s largest law firm, to launch Dentons Sirote, positioning the firm as the first global law firm in Alabama. Bressler, Amery & Ross, P.C., is honored to announce that Birmingham office Managing Principal Josh Jones has been appointed to serve for a third year as Jones co-chair of the American Bar Association Litigation Section’s Audio Content Committee. Baker Donelson was recognized by Seramount (formerly Working Mother Media) as one of the “Best Law Firms for Women” for the fifth consecutive year.

Hooks

Haden

Sheffield & Lentine, P.C., is pleased to announce that John C. (“JC”) Lentine has joined the firm as an associate. Lentine

Sirote has now officially combined with Dentons, the

Kennedy

The Alabama Defense Lawyers Association recently held its 57th Annual Membership Meeting and Elections, confirming a new slate of officers, Still including Stephen W. Still Jr. of Starnes Davis Florie LLP in the position of President-Elect, Jonathan M. Hooks of Weinberg Wheeler Hudgins Gunn & Dial in the position of Secretary-Treasurer and Hannah Torbert Kennedy of Wade S. Anderson & Associates in the position of Young Lawyers

BIRMINGHAM BAR BULLETIN


Section (YLS) President. The multi-regional firm McGlinchey Stafford announces that it has updated the structure of its governing committees and formed a new executive Policy Committee. Birmingham attorney Christopher Couch has been named to the new Policy Committee, which will focus on helping the firm evolve to capitalize on opportunities in business and legal landscape. The Alabama Defense Lawyers Association welcomes M. Jansen Voss of Christian & Small LLP to its Board of Directors to serve a threeyear term ending

Voss

in 2024.

Andress

Mallory C. Koger, J. Tanner Lusk, Jackson Olsen, Carson S. Phillips, William Stoll, Sarahanne Y. Vaughan, Mary Katherine White and Sydney H. Willmann.

Sipes

Burr & Forman is pleased to announce the addition of D. Keith Andress and Jade E. Sipes to the firm’s Commercial Litigation Practice Group. Keith joins the firm as partner and Jade joins as counsel.

Blake Harper has joined Baker Donelson as an associate attorney in the corporate practice group.

Bradley Arant Boult Cummings LLP welcomes 13 new associate attorneys to its Birmingham office: Sarah A. Baldwin, Sarah Gunn, Hirshel M. Hall, Katie A. Humphries, Demi A. Kampakis,

Harper

HAVE NEWS TO SHARE? Please send the information and a headshot to Alexis Jackson at ajackson@birminghambar.org.

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FALL 2021

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