Birmingham Bar Association Bulletin Winter 2020

Bulletin BIRMINGHAM BAR ASSOCIATION

President Nix’s Message Despite 2020 being a year filled with surprises, the BBA has been able to accomplish so much. 8

Vol. 41, Issue 4 | Winter 2020

Members Who Motivate Us Meet four of our members who are in line to be Section chairs in 2021 and get to know them. 12

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Message from the

Executive Director Even though 2020 was not the year any of us expected it to be, I hope that there were some positive moments for you and that there are promising opportunities on the horizon!

Here is one thing that makes me optimistic for the future: The BBA will be here for you in 2021 and for many years to come.

The leadership of the BBA and I are committed to ensuring that we provide value and benefits to all of our members.

Remember that “Our Vision is Value for You” — regardless of what’s going on in the world around us. We hope that you have experienced that value this year A BBA staff selfie, taken before the and that you plan to take advantage of all pandemic. that we have to offer in 2021!

Many thanks to all of our members who make Birmingham and our Bar great!

Jennifer M. Buettner Executive Director

BIRMINGHAM BAR ASSOCIATION

Published for the Birmingham Bar Association

by Starnes Media

2020 Officers of the BBA Andrew S. Nix, President H. Lanier Brown II, President-Elect Allison O’Neal Skinner, Secretary/Treasurer T. Charles Fry Jr., Immediate Past President Jennifer M. Buettner, Executive Director

2020 BBA Executive Committee Starr T. Drum J. Price Evans IV Robin B. Mark Hope S. Marshall D. G. Pantazis Jr.

Ashley R. Peinhardt Ryan P. Robichaux J. Houston Smith III Sharon D. Stuart Leslie A. Wright

Cedrick D. Coleman, ADR Section Robert C. Keller, Bankruptcy/Commercial Law Section April M. Mason, Business Law Section Texys V. Morris, Criminal Justice Section Stephen J. Bumgarner, Federal Practice Section Brooke A. Everley, Probate Section Kristin Waters Sullivan, Solo Practice/Small Firm Section Maridi T. Huggins, Women Lawyers Section Linda C. Ambrose, Workers Compensation Section Will A. Lattimore, Young Lawyers Section Diandra Debrosse Zimmermann, Magic City Bar Brannon J. Buck, ASB Commissioner

Birmingham Bar Association

2020 Virtual Annual Meeting

2021 Second Avenue North Birmingham, AL 35203 205-251-8006 birminghambar.org jbuettner@birminghambar.org

Friday, December 11 12:00 to 1:00 pm

To advertise in the Bulletin, contact Dan Starnes at dan@starnespublishing.com.

Reasons Not to Miss It: Hear the election results See who won a BBA award Say farewell to President Ni) Learn what President Brown has planned for 2021 And so much more . . .

Don't miss the post-meeting showing of Jenna Bedsole's documentary about women's suffrage in Alabama!

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.

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

04

BIRMINGHAM BAR BULLETIN

In This Issue 08 President’s Message

20 Wellness Perspective Members Tanisia “Tee” Moore and Bernard Nomberg share their healthy living practices.

24 Hopes for 2021

Despite 2020 being a year filled with surprises, challenges and unique obstacles for everyone across the globe, the BBA has been able to accomplish so much, and I attribute that to you, our valued members.

28 Cohabitation Conundrum Caleb Faulkner: A loophole exists in the state statute governing the termination of periodic alimony.

30 The Work Doesn’t Stop

The Birmingham Bar Foundation is still serving the Birmingham Bar Association and our community.

12 Members Who Motivate Us Members share their insights into what they expect and hope for in the coming new year.

26 In Loving Memory

34 Providing Assistance We catch up with VLB volunteer Liz Huntley and salute Champions for Justice supporters.

36 MCBA Going Strong

The Magic City Bar Association hosts voter registration drive and its annual scholarship banquet.

This quarter, we sit down with four of our members who are in line to be Section chairs in 2021 to get to know them and learn more about the lives of our lawyers.

Remembering the life, work and influence of Martha Jane Patton, the former executive director of the Legal Aid Society of Birmingham.

42 Memorial Scholarship Contributions 43 Member Benefits 44 Attorneys in the News

On the cover: A mural depicting unity seen Nov. 2 on the side of My Sister’s Closet in downtown Birmingham. Photo by Erin Nelson.

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BIRMINGHAM BAR BULLETIN

From the President It is hard to believe that my year as Birmingham Bar Association president is coming to a close. Despite 2020 being a year filled with surprises, challenges and unique obstacles for everyone across the globe, the BBA has been able to accomplish so much, and I attribute that to you, our valued members.

It has been my honor to serve as your president through the unprecedented times of 2020, and I have really enjoyed engaging with you over the course of the year — in person, when possible, and virtually.

You may recall that we kicked off 2020 with the motto “Our Vision is Value for You” to reflect my approach to the year. All of you — our members — have been the central focus of my year as president. My goal has Andrew S. Nix been to continue to direct our attention to your needs and your expectations of how the BBA can support you in your professional lives. Throughout the year, we endeavored to provide meaningful tangible and intangible benefits for all of our members. That has not been easy in many cases due to the COVID-19 pandemic, but we have worked hard to deliver the value that we promised to you.

I would like to recap some of the highlights from this year. Before the reality of COVID-19 was upon us all, we offered a number of substantive, in-person events for our members: ► Coffee with the Judges. Remember these events? It seems like years ago that we were able to gather shoulder-to-shoulder in a judge’s courtroom, give side hugs and enjoy a large spread of breakfast food!

In January, we hosted our signature Coffee event in the late Judge Joseph Boohaker’s courtroom, and in February we enjoyed the hospitality of Judge Janine Hunt-Hilliard at the first ever Coffee at the Family Court.

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Andrew Nix with Executive Committee members Brannon Buck, Robin Mark and Sharon Stuart at a pre-pandemic social.

Thank you to Karon Hughley, Owen Roberts and Dontrel Mosley for their support in making these events a success. ► Judge Boohaker’s Retirement Reception. With crowds waiting for over an hour to wish Judge Boohaker well, this was a special day of celebrating a brilliant jurist who was involved with many important causes and who was a good friend and mentor to lawyers throughout the legal community. We surely do miss him. ► The 2020 Membership Forum.

About one week before our city and county officials began contemplating stay-at-home orders to combat the impending pandemic, we hosted the BBA’s annual day-long conference: the Membership Forum. The forum was well-attended and offered BBA members what we would later realize was our last opportunity for many months to gather together with over 200 of our colleagues for fellowship and camaraderie.

As you all know too well, by mid-March,

it was no longer safe to host the types of in-person events that the BBA has brought to you for 135 years, which has admittedly been a huge disappointment. I truly believe, however, that once it is safe to gather in large groups again and we feel comfortable doing so, we will all eagerly reengage in the large-scale events that enable us to develop, foster and cultivate the friendships and business networks that are hallmarks of membership in the BBA. Despite the efforts of the coronavirus to completely derail 2020, the BBA made a number of meaningful contributions to our members, the Birmingham legal community and the community at large throughout the year. Some of the accomplishments that I am most proud of include the following: ► We were honored to partner with the Magic City Bar Association to host two State of the Courts Addresses by Presiding Judge Elisabeth French. Judge French updated the BBA and MCBA memberships on how the courts were responding to the health

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Above left: Address by Presiding Judge Elisabeth French. Above center: Criminal Justice Reform CLE. Above right: Voting Rights CLE. implications of the pandemic. The 10th Judicial Circuit is fortunate to have Judge French in this leadership role as she has guided the courts and Jefferson County’s legal system through this time of crisis. She will certainly excel during times of normalcy as well. ► We have continued to build upon our strong partnership with the Magic City Bar Association through collaborations on a number of other important programs and activities, including the following: ○ A free virtual CLE program titled “How Will the Sports Industry Be Changed

by COVID-19?” ○ A free three-part CLE seminar series focused on women’s issues in celebration of the centennial of the 19th Amendment. ○ A free virtual CLE panel discussion titled “Criminal Justice Reform: Where Are We and Where Are We Going?” ○ A free virtual CLE webinar titled “Voting Rights: A Conversation with Advocates and Academics.” ○ Continued focus on the Magic City Bar Association in each issue of the Bulletin magazine (check out pages 36-38 in this issue).

I want to congratulate and commend my good friend and MCBA President Chris Burrell for the significant accomplishments of the MCBA this year. Chris and his team have been a tremendous asset to the legal community and to all of the citizens of Birmingham, and it has been an honor and privilege to serve as president of the BBA concurrent with Chris’s term as

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Left: Andrew and other BBA members volunteer at a voter registration drive.

president of the MCBA. ► The COVID-19 pandemic provided the opportunity for the BBA to develop a unique relationship with the city of Birmingham through its Birmingham Strong initiatives. Working with Birmingham Strong, we have helped small businesses by providing a wide variety of legal services.

In addition to recruiting volunteer attorneys from among our membership to conduct pro bono reviews of the insurance policies of small businesses, we continued throughout the year to connect some of our members with Birmingham Strong for the purpose of addressing specific legal needs for local businesses and nonprofits that have been most affected by COVID-19. Thank you to the following BBA members for their excellent assistance in these efforts: Jenna

Bedsole, Kathy Collier, Colin Luke, Sean Pierce, Ashley Rhea, Bill Rose, Tripp Watson and Ellise Washington. ► In a continuous series of real-time email communications, the BBA shared important pandemic-related information from the courts, as well as state and local officials in an effort to keep our members informed of directives and orders that impacted their practices and their everyday lives. ► In a year bringing great emphasis to the issue of voting rights, the BBA celebrated democracy in several ways. ○ First, the theme of this year’s Law Day program was “Your Vote, Your Voice, Our Democracy,” and we were pleased to present a program on the 19th Amendment that included the premier showing of BBA member Jenna Bedsole’s superb

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documentary on women’s suffrage in Alabama, “The Fight for the Noblest Democracy.” If you have not yet seen the film, I encourage you to do so. It can be viewed at womenrighttovote100.org. ○ Second, as mentioned above (and as depicted in the flyer on these pages) we hosted a panel discussion on voting rights featuring both activists and academics discussing the importance of protecting the rights of all to vote. ○ Third, a number of our members volunteered at voting-related events that were coordinated by organizations like the MCBA, the NAACP, WokeVote and Support the Vote Alabama.

The Sections of our Bar have been incredibly busy this year providing great value to our members. I would like to thank Maridi Huggins (Women Lawyers Section), Will Lattimore (Young Lawyers Section), Linda Ambrose (Workers Compensation Section), April Mason (Business Law Section), Rob Keller (Bankruptcy & Commercial Law Section), Texys Morris (Criminal Justice Section),

Andrew with Incoming President Lanier Brown.

Kristin Sullivan (Solo & Small Firm Section), Brooke Everley (Probate Section), Stephen Bumgarner (Federal Practice Section) and Cedrick Coleman (ADR Section). These leaders have worked hard this year, pivoting to new and different ways of engaging their members. I am very proud of their accomplishments.

I want to recognize and thank the many judges, in-house general counsels and law firm managing partners and leaders who have led their organizations through 2020. Leadership is difficult in the best of times, and it is an incredibly complex and

enormously demanding responsibility in tumultuous times like those that we have experienced this year. I commend you for continuing to advance your organizations and improve our city and state. Thank you for your professionalism and perseverance.

I leave you in the very capable leadership of BBA President-Elect (soon-to-be President) Lanier Brown. Lanier will be an excellent leader of the BBA, and I wish him much success during his year.

In closing, I want to encourage all of you to remain active and engaged with the BBA. Although the way that we practice and interact with each other locally on a dayto-day basis continues to change, what has not changed and will never change is the importance of being connected, of being a part of this association together, in the good times and most definitely in the challenging times. This connection, I think, is perhaps the most valuable thing that any of us can realize from our BBA membership. I look forward to continuing this connection with all of you for many years to come.

Thank you for allowing me the opportunity to serve the BBA this year.

Congratulations, Birmingham School of Law July 2020 Bar Passers!

LaKedra Armstead Barry Burton Jordan Butler* Shannon Butler* Ray Foushee* Autumn Fritsch Neal Gray* Emily Haskew* Joanna Jones

Hany Khalil Jillian Lewis* Judson Miller* Donald Phipps Emily Pollock* Luke Satterfield* Justin Snyder* Tim Steele* BJ Tingle*

*Denotes first-time bar exam taker.

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Members Who Motivate Us Joi Travis – Probate Section

Members Who Motivate Us

Q. As incoming chair of the Probate Section, please tell us your top two goals for the Section next year?

A. I am excited to become the chair for the

Probate Section next year! While serving, my top two goals for the Probate Section will be to foster and develop probate attorneys while continuing to recruit, maintain and engage members of the Section.

Q. Who have been your professional role models in your career and why?

A. I stand on shoulders of giants such as

Thurgood Marshall, Barbara Jordan, Constance Baker Motley and Johnnie Cochran.

These leaders have paved the way for me to currently do the work and continue the fight for equity and equality.

Throughout my journey to becoming an attorney, there have been multiple people who have provided great professional leadership examples, including Leila Watson, Alex Shunnarah, Eric Guster, Courtney French, Alaric May, Cedrick Coleman, Benita Jenkins, Ruby Davis, Ken Riley and Tyrone Townsend. These attorneys are all leaders who I can look to for guidance or a professional opinion.

Each of them has been very welcoming by allowing opportunities for honest conversation and each has provided valuable insights. This is important to me, as it helps build self-awareness as I evolve as an attorney. Each of these attorneys has shown how diligence and hard work pay off. These professional role models have helped to set a standard in my legal career for accountability and integrity for the practice of law.

Q. If you could pursue a different career, what would it be and why?

A. If I could choose a different career, I

would pursue hospitality management. I would own a chain of boutique hotels that have a restaurant within them for celebrating special occasions. I enjoy traveling, and it would be awesome to have a place

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Left: Attorney Joi Travis. Above: Joi with President Ross at an ASU football game. to host events and special occasions while providing stellar service. I enjoy hosting friends and family for celebrations or just to relax, so owning a chain of hotels would make it easier to have various destinations for travel.

Q. What is your favorite vacation spot and why?

A. My favorite vacation spot is Miami.

I love the beach, the diversity and the entertainment. Miami has great weather, and the beaches are beautiful. They have diverse selections of great food and fabulous shopping options.

Q. What is your favorite comfort food and why?

A. My favorite comfort food is cookies.

I especially love M&M cookies. Cookies are super sweet and make you forget about all things bad. I enjoy M&Ms, so it is just natural that I love M&M cookies.

Q. What is your favorite ’90s jam

and why?

A. My favorite ’90s Jam is En Vogue’s

“Free Your Mind.” I love a great girl group, and I believe En Vogue was made up of some of the most outspoken female artists of the time. Their music inspired and motivated people to be comfortable in their skin and stand up for what they believe in. They also had some of the best outfits during performances and videos!

Q. If you could have dinner with any celebrity, past or present, who would it be and why?

A. If I could have dinner with anyone

it would be Rosa Parks. Rosa Parks and I share a birthday, and I have always admired her story. Rosa worked with the NAACP; I work with the NAACP. Rosa was committed to equality for all; I am committed to equality for all. She was a trailblazer for the civil rights movement by standing up for what she believed in regardless of the consequences. Even though Claudette Colvin was arrested

BIRMINGHAM BAR BULLETIN

From left: Donnetta Washington, Joi and Judge Kechia Davis. for not giving up her seat to a white man on a bus nine months before Ms. Parks, we still pay homage to the efforts of Rosa, Claudette and anyone else during that time who stood up for justice. It would be awesome to hear more about her story and the story of others around her during this time.

Q. Before your year of leading the Probate Section ramps up, how do you plan to relax over the holiday season?

A. I plan to go to Miami!

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Al Teel – Young Lawyers Section

Members Who Motivate Us

Q. As incoming chair of the Young Lawyers Section, please tell us your top two goals for the Section next year?

A. My top goals for the Section next year

are: 1) to collaborate with other Sections within the Bar and other young professional organizations in Birmingham through joint social events, community service, and CLE opportunities; and 2) to provide our members with opportunities to showcase their unique set of talents and passion for community service. As this past year has demonstrated, this younger generation of lawyers is uniquely situated and specially equipped in responding to and leading on pressing issues within our legal community. Finally, overall, I think, in light of the pandemic, next year will be about reuniting our members with one another and increasing membership.

Al Teel, center, with colleagues at a YLS event.

Q. Who have been your

professional role models in your career and why?

A. The person who inspired me to become

a lawyer, Randy Haynes, from my hometown of Alexander City, Alabama, and the person who has raised me from a “pup” at Burr & Forman, Turner Williams. During my time at Burr, Turner has shown me that it is actually possible to be a first-rate trial lawyer and a gentleman as well. I have learned from both of my professional role models the importance of not only being a good lawyer but of being a good person out in the community at-large as well.

Q. If you could pursue a different career, what would it be and why?

A. I truly love being a lawyer, especially

brief-writing and interacting with other lawyers and judges. But, if I could pick anything, I would be a sports journalist/ beat writer, follow a team through a season, and then write a novel about it.

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Q. What is your favorite vacation spot and why?

A. My wife and I are obsessed with all

things English, so London would be my top favorite vacation spot.

Q. What is your favorite comfort food and why?

A. You cannot beat lunch at a local meat-

and-three like Niki’s West. It reminds me of Sunday lunches at my grandmother’s house.

Q. What is your favorite ’90s jam and why?

A. Tough question. I’d have to say that I

never miss an opportunity to lip-sync “This Is How We Do It” by Montell Jordan at a wedding.

Q. If you could have dinner with any celebrity, past or present, who would it be and why?

A. Jerry Seinfeld. Although I would think

he would make jokes or comments about everything from the food to the tip, so

WINTER 2020

Al with his wife, Elizabeth, and son, James.

I would probably not stop laughing the entire time.

Q. Before your year of leading the Young Lawyers Section ramps up, how do you plan to relax over the

holiday season?

A. My wife, son, and I are moving into a

new house, so this holiday season calls for settling in, relaxing and being thankful for everything that this past year has taught us (and celebrating that it is over)!

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Tina Lam – Women Lawyers Section

Members Who Motivate Us

Q. As incoming chair of the Women Lawyers Section, please tell us your top two goals for the Section next year?

A. Due to the pandemic, I want to make

sure that the Women Lawyers Section is helping its members as much as possible through its programming or as a source of support for lawyers during these stressful times. My other goal is to increase membership to make sure that we’re reaching and helping as many women as possible.

Q. Who have been your professional role models in your career and why?

A. Ruth Bader Ginsburg has always been a

role model, but I learned even more about her during the Women Lawyers Section’s recent tracking project on female attorneys in the courtroom. It’s crazy to think she was 1 of 9 women in a class of 500 at Harvard Law. In the current environment, her work is especially important. I do not agree with all of her decisions, but her impact on the legal field for female attorneys and for the lives of women in general are undeniable.

Outside of the legal world, Dr. Lisa Su, CEO of AMD, is an inspiration and role model. As an Asian woman, she has been able to successfully navigate the corporate world, break barriers and lead a Fortune 500 company to new heights. It doesn’t hurt that she’s been named one of the World’s Greatest Leaders.

Q. If you could pursue a different career, what would it be and why?

A. I love traveling, so in a utopian society,

I would love to be a professional travel blogger, experiencing different cultures, meeting new people and basically getting paid to have fun.

Q. What is your favorite vacation spot and why?

A. So far, I would say Iceland. It’s a

beautiful country, the people are so kind, and the topography is so different. I didn’t get to see the Northern Lights while I was 16

Above: Tina Lam with her mom and brother at his graduation. Below: Tina with Hannah Stokes at the Women Lawyers Section’s Pinstripes & Pearls event. of “Savage Love” by Jason Derulo. It’s super fun and upbeat. I was surprised that the original had a bit of a country twang, but you have to hear the remix — it’s even better.

Q. If you could have dinner with any celebrity, past or present, who would it be and why?

A. Princess Diana or Alexander the Great.

there, so I would love to go back.

Q. What is your favorite comfort food and why?

A. I would say ice cream. It just makes

me happy! Any memory with ice cream is usually happy and joyful, and the sugar rush doesn’t hurt either. I know it may sound pretty basic, but my favorite flavor is probably vanilla.

Q. What is your favorite pump-up jam and why?

A. My current obsession is the BTS remix

I think both would have great lessons to share about life and leadership.

Q. Before your year of leading the Women Lawyers Section ramps up, how do you plan to relax over the holiday season?

A. This is usually the time of year that I

get to go visit my family and relax. This year will be a different because of the pandemic, so it will be a smaller family gathering. Usually, we would have some fun activities planned, but this year it will be something more low-key, like watching movies at home and catching up on this crazy year!

BIRMINGHAM BAR BULLETIN

Alan Duke – Solo & Small Firm Section

Members Who Motivate Us

Q. As incoming chair of the Solo & Small Firm Section, what are your top two goals for the Section next year?

A. While we are still stuck in this pandemic,

I would like to implement new ideas for keeping our Section engaged while being socially distanced. I would also like to continue the goal of my predecessor, Kristen Waters Sullivan, to increase the diversity of our Section membership and expand collaboration with other Sections and entities like the Magic City Bar Association.

Q. Who have been your professional role models in your career and why?

A. My main professional role models are

my original bosses in engineering and construction, which was the focus of my education and career before becoming an attorney. From them I learned the importance of a solid work ethic, and why it is important to be both accurate and precise.

Alan Duke, above left, says he’s 98% finished with a buffet cabinet, left, that he built for his wife, Buffy. Above right: Alan and Buffy on vacation in Scotland.

Q. If you could pursue a different career, what would it be and why?

A. I would pursue woodworking. I do it

now as a hobby, and while I have given away pieces as gifts, I have not sold any.

I learned it from my grandfather when I was young, and it allows me to exhibit my creative side, while also engaging my technical and detail-oriented engineering brain. I am most proud of a 10-foot buffet I built for my wife. It’s 98% complete — the metal window paneling in the cabinet doors are all that are left to install.

Q. What is your favorite vacation spot and why?

A. The mountains in Highlands, North

Carolina. I grew up spending time at my grandparents’ mountain house. We would go fishing and hiking and spending time outdoors. To me, the climate is just about perfect there year around.

Q. What is your favorite comfort food and why?

A. Cornbread dressing, because 18

Thanksgiving is the greatest holiday, and I cannot be convinced otherwise. My mom or my mother-in-law are usually the ones making it, and it’s always delicious. I will eat it anytime of year, regardless of the season or the weather.

because in her near century of life she has likely traveled to every place one would want to travel and met countless scholars, dignitaries, heads-of-state and celebrities (including those who would likely also be on a celebrity dinner list).

Q. What is your favorite ’90s jam and why?

A. Anything by Dr. Dre or Tupac or Out-

Q. Before your year of leading the Solo & Small Firm Section ramps up, how do you plan to relax over the holiday season?

A. I just got a bunch of cedar lumber and I

Kast. Probably in that order.

Q. If you could have dinner with any celebrity, past or present, who would it be and why?

A. My choice would be Queen Elizabeth II

am planning on attempting some Japanese joinery techniques in my woodworking. It is extremely difficult, and I will in no way be able to master it, but I am going to make a decent attempt.

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Wellness Perspective: Her View Practicing Self-Care in a Pandemic

By Tanisia “Tee” Moore

Above: Tanisia “Tee” Moore. Below: Tee disconnects to spend time with her son.

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Since March, like most parents, my children have been at home due to the current pandemic. For the most part, it has been lovely spending the extra time with my family. However, I started craving moments to have time alone to recharge, reflect and rest. But these attempts would prove to be futile because if I wasn’t tending to a child, there was a meal to cook, a client matter to handle, or a book that needed to be revised.

Attorneys know first-hand that finding balance is elusive and hard to conceptualize as a rule against perpetuities. Between court hearings, deadlines, depositions, family obligations, church meetings, etc., balance is not usually associated with the legal field. However, it is vital to make self-care a top priority. It is mostly a known fact that substance abuse and mental health issues are rampant in the legal community.

Here are three ways to make time for self-care: ► 1) Set boundaries. With no foreseeable end to this pandemic, it seems that we all are going to be working from home.

While schools are starting to open back, we can’t predict if and when they will have to shut back down if things don’t get under control. That means having to limit how accessible people are to you. Most communication can indeed be said via email. But that still doesn’t mean you have to respond all day and night to an email, a text or even a smoke single. Unless it’s a real emergency, your response can wait until the next business day. I promise the world won’t crash and burn. ► 2) Be intentional. Take time for

BIRMINGHAM BAR BULLETIN

yourself, even if it’s for five minutes. Do it. Honor it. Own it. Time is one thing you can’t get back and is genuinely lost once “taken.” ► 3) Disconnect. One weekend, my best friend turned her phone off and didn’t turn it back on until Sunday evening. I decided to try the same thing. I unplugged from social media and powered my phone off. Without the distractions, I found that I could focus on me.

I spent time with my family and even got to take a nap. Sometimes self-care is getting off social media and not checking your phone notifications every five minutes.

I hope that during this season, you find ways to reconnect with yourself. That you give yourself permission to be well and take care of you. As the flight attendant says, “Place your mask on first before helping another person.” The same applies to our self-care. Make sure to refill your internal cup before pouring it into someone else.

Above: Tee Moore and her family enjoy some together time. Right: Tee spends time with her son.

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WINTER 2020

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Wellness Perspective: His View

Continue Healthy Habits After the Pandemic

By Bernard Nomberg

Above: Bernard Nomberg and his fiancée, CiCi, enjoying life on Smith Lake. Right: Bernard unwinds with a hike.

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The year 2020 is one that not many will soon forget. It is a memorable year in more ways than one, many of which are not positive memories. However, I do have several notable experiences that I will carry into the future. The importance of keeping perspective and maintaining a healthy lifestyle is so important these days.

When the pandemic began this spring, our world forever changed. It did not take long to figure out we were creating a new normal in society, including our law practice at the Nomberg Law Firm.

David (my brother and law partner) and I quickly adapted and improved our evolving virtual law firm policies and procedures, which included much needed breaks for everyone during the day. While most of us now live in an online Zoom world, practicing law this way has taken some real adjustment.

Although our law practice has been paperless and digitally based for several years, the learning curve for practicing online has been a steep one, especially for our clients. Much more patience and understanding has become a must for all of us.

As I have done for many years, I continue twice-a-week hikes in the woods behind my office. What a great way to break up the day, clear my mind and improve my health all at the same time!

Yoga, working out on my front porch and long bike rides have also become normal daily afternoon activities. Continuing to get plenty of rest and eating properly has become even more important. I have also increased my check-ins with family and friends. Phone calls, texts, emails, FaceTime calls — all important communication tools.

The pandemic has unfortunately

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largely been politicized when it comes to social distancing, wearing masks, etc. However, this experience has taught me many things going forward. Not everything in life needs to be as serious as it once was.

What was important might still be so, but by stepping back and looking at the bigger picture, I have been less stressed, particularly when dealing with social media.

I am on social media many hours a day. I have learned to take breaks throughout the day and particularly on the weekends to recharge. (Who doesn’t want to become TikTok famous?) While a good bit of our firm’s marketing is online (I really enjoy handling that aspect of our practice), taking a mental break on a regular basis is a must.

As we head into the holiday season, this is particularly important.

I welcome any of you to join me for a hike in the woods anytime!

Happy Holidays and Happy New Year!

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Bernard has become a TikTok fanatic during the pandemic.

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Looking ahead As 2021 approaches, what are your hopes and expectations for the new year?

The end of 2020 finds many of us eagerly longing to wake up in a vastly different world on Jan. 1, 2021. We all hope that the new year brings good health and stable financial situations for ourselves, our families and everyone in our communities.

In this issue of the Bulletin, we turn to some of our members for their insights into what they expect and hope for in 2021. As for the BBA, we wish each of you a productive, happy, safe and positive new year, and we look forward to continuing to serve YOU, our members, in 2021 and for many years to come. #membership Warren Brooks

HOPES FOR 2021 HAVE BEGUN IN 2020 I hope for many things in 2021, but I wouldn’t count out 2020 just yet. I have always been someone who looks at the glass as half full. Despite all the terrible things that have happened in 2020, the arrival of our second child, Cooper, was a sign to our family that there is still hope for 2020. I believe we just have to shift our focus away from everything that is going wrong in 2020 and instead focus on these small glimmers hope. I think those small moments of hope are what we need to help us finish this year strong and start anew in 2021.

Kerri Page Parker

A VISION OF A BETTER 2021 My hope is that 2021 does not mirror the tragedy and sadness brought to the world in 2020. I hope that the COVID-19 pandemic will have run its course and the world can truly reopen without caution and limits on social gatherings, travel and everyday interactions among people.

I hope for improvement in race relations and people’s perspectives such that Black people and other minorities can truly live freely in America as opposed to being the victims of racially motivated behaviors. I hope that 2021 will be the year I and others see the fulfillment of goals and dreams. I speak that 2021 will be the best that is yet to come.

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Lanier Brown, BBA Incoming President

A PRODUCTIVE POST-PANDEMIC PRESIDENCY Over one year ago when I accepted the nomination to run for president-elect of the BBA, I obviously could not have known that my tenure as president would begin in the midst of a global pandemic. Even though I am stepping into the role of BBA president during times of great uncertainly, I am confident that 2021 will be a year of optimism.

The BBA will continue to be a resource for all of our members and the entire legal community. My hope is that you will maintain your membership in the BBA and join me in making 2021 a success.

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Sylvion Moss

CONTINUING THE POSITIVE HABITS ADOPTED IN 2020 Growth follows challenge, and so my hope and expectation is that the trials of 2020 (and I do not only mean in the virtual courtroom) will lead to healthier perspectives and activities in 2021. My photos over the last seven months reveal people making adjustments, learning from difficulties and taking time to enjoy the outdoors. I anticipate continuing to witness increasing crowds on the mountain bike trails, hiking trails and campsites, as this year has (delightfully) forced us outdoors.

Outdoors we breathe easier and gain perspective, so I not only hope, but also believe, that 2021 will be known as the year we cared more, accepted more and supported one another more. I also expect that we as attorneys and members of the community will carry forward the grace and understanding that has characterized 2020. Oh, and my personal expectation is that I will enhance my two-wheel adventures by learning to ride a motorcycle, which I hope is a healthy activity. ... Peace.

Candis McGowan

LOOKING FORWARD TO THE RETURN OF IN-PERSON GATHERINGS AND TRAVEL ABROAD My hopes and expectations for 2021 are that all of my family, friends and work acquaintances are healthy and happy. 2020 has been such a rough year. Everyone who knows me knows that I am a social person who enjoys visiting with family and friends, hosting Auburn tailgates and traveling. Due to the pandemic, 2020 has prevented us from traveling internationally, hosting tailgates on college campus and holding large social gatherings. It has also prevented the Birmingham Bar Association from having its normal social functions and meetings for the members. I have really missed the in-person meetings and social gatherings.

I am hopeful that a vaccine will be available in 2021 so that we can all get back to practicing law with more in-person meetings and having our normal Bar functions so we can visit with each other. I am also hopeful that we will be able to travel out of the country again, and I look forward to being able to explore other countries and visit with my family and friends! Whatever 2021 brings to us, I know that we will all adapt and learn how to make the best of it.

FALL 2020

John Bahakel

HOPE FOR IN-PERSON SERVICE OF OUR COMMUNITY The life in a solo/small firm practice has allowed for more flexibility in the current health environment. When many businesses/law practices had to curtail practice and/or work from home, I was able to continue to enjoy the ability to work from my regular desk. Interaction with clients changed. Many times clients wanted their situation to take precedence over health conditions and social distancing. Adaptation took place, and the life of the lawyer goes on.

The changes expected in the coming year look promising. Many judges and lawyers are more comfortable with virtual interaction. The time savings of not having to travel to the courthouse or client locations should make us more efficient. I am looking forward to life returning to normal even if that normal is a new normal. A life where we can gather and interact without fear of infection. A rewarding life of serving our community face to face.

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In loving memory of

Martha Jane Patton

Above: Martha Jane Patton and Jequette Edmonson Noland. Right: Martha Jane, a champion of women’s rights. Below: Jequette Noland.

By Jequette A. Edmonson Noland, Executive Director, and Legal Aid Society of Birmingham Employees Martha Jane Patton became executive director of the Legal Aid Society of Birmingham in 1998. In that role, she worked tirelessly and devotedly to help ensure legal representation for juveniles and indigent adults in Jefferson County.

In 2003, her service to the community was recognized with the Birmingham Bar Association L. Burton Barnes III Public Service Award. After 18 years as executive director, Martha Jane retired in 2016 and that same year was the first woman awarded the Lifetime Achievement Award by the Birmingham Bar Association.

Even after her retirement, she remained very active in

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Birmingham and in the legal community.

Martha Jane was a champion of women’s rights. She helped form an Alabama chapter of the Women’s Political Caucus, worked with the Foundation for Women’s Health and was appointed by the governor to a task force on infant mortality in Alabama. Martha Jane was integral to the formation of the

Birmingham Bar Association Women Lawyer’s Section in 1994 and was a board member of the National Conference of Women’s Bar Associations. She was an inspiration to young women interested in activism and a career in law.

Martha Jane Patton passed away on Wednesday, July 29, 2020, following a courageous battle against breast cancer. She was preceded in death by her husband, Lynn Burton Daniel.

She is survived by her two sons, Jonathan and Will. She was a champion of civil rights, an outspoken Birmingham citizen, and a true friend and

neighbor. She will be deeply missed.

OUR FONDEST MEMORIES …

► One of my fondest memories of Martha Jane was when I was assigned to the Birmingham City Jail. It was the anniversary of the date that Dr. Martin Luther King Jr. penned the “Letter from the Birmingham Jail.” She sat in the lobby, just outside of the courtroom magistrate’s office and doors leading to lockup, reading the letter out loud in its entirety. During that same time, a celebrity was

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and she would always listen to even the slightest of concerns.

She was loving, kind, social, smart and politically interested in the betterment of all people.

I loved her and she will forever live in my heart. With gratitude for her having touched my life,

Right: Martha Jane Patton in the Legal Aid library. Above: Martha Jane at her retirement reception. Above right: Martha Jane in the Legal Aid office.

holding a press conference on the sidewalk outside commemorating the anniversary of the letter, as well. When I finished court for the day and was exiting through the lobby, I noticed her sitting there reading the famous letter. The only other person present was a lady who had bonded her loved one from jail and was waiting on their release. I looked outside at the commotion and attention surrounding the celebrity — a person I did not recognize, nor who I could surmise had any connection to the movement or the city. Then I looked at Martha Jane, unmoved by the size of the crowd and unfazed by the lack of attention. To me the true story was going on inside, not outside. Despite

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Amanda Lewis, Staff Attorney

being exhausted from a lengthy docket of clients, I sat and listened until she finished.

She had an audience of two.

There were so many lessons for me to unpack from that day.

But mostly I could not have been more proud of my boss and of what she stood for.

Jequette A. Edmonson Noland, Executive Director ► There are so many great things about Martha Jane that it is hard to come up with a single one! I adored her. She was a smart businesswoman with a heart of gold. Martha Jane worked hard and enjoyed spending time with those of us who worked for her and with her. Her door was always open,

► I have known M.J. since the early ’90s, our introduction coming at Family Court while we were both seeking court-appointed cases. I was a young and gung-ho attorney trying to learn the ropes without making any major mistakes. M.J. was an established attorney practicing in the area of family law.

I remember her giving legal pointers freely and without hesitation to young attorneys like me who were competing for the same cases she was. She was always willing to point us young attorneys in the right direction.

It was at this time that she and I developed our first relationship: mentor to apprentice.

In the years that followed, M.J. and I became friends. I always enjoyed the talks that we had while waiting for our cases to be heard or chatting afterward before heading to the

next courtroom and/or courthouse. We discussed politics, cases, music and family. Our relationship had become a true friendship.

We eventually added a new component to our relationship as M.J. became the executive director at the Legal Aid Society and I became her employee.

She worked hard for Legal Aid and for all Legal Aid employees and clients. She really wanted the best for everyone and was unwilling to settle for anything less. M.J. was a good “boss” and set an example that I tried to emulate every day and with every case.

I am proud to have had M.J. as my mentor, my boss and most importantly my friend. I know that regardless of which relationship we shared, she always wanted to help me and others. Helping others was her goal for as long as I have known her. Every day she achieved that goal. I know that every day I will try to do the same.

Thank you M.J., rest in peace knowing that you made a difference and that your spirit lives on through the many lives you touched.

Lee DuBois, Managing Attorney 27

A loophole to the termination of periodic alimony

By Caleb A. Faulkner Periodic alimony is, in the event of a divorce, the payment of money from one former spouse to the other to be used for maintenance and support.1 Numerous factors should be examined by the court in determining whether to award periodic alimony2, but the main factors are whether one spouse has a need for such support and whether the other spouse has the ability to pay such support3. Once awarded, by statute, periodic alimony is terminable in certain situations: Any decree of divorce providing for periodic payments of alimony shall be modified by the court to provide for the termination of such alimony upon petition of a party to the decree and proof that the spouse receiving such alimony has remarried or that such spouse is living openly or cohabiting with a member of the opposite sex. This provision shall be applicable to any person granted a decree of divorce either prior to April 28, 1978, or thereafter; provided, however, that no payments of alimony already received shall have to be reimbursed.4 This article is focused on the terminating act of “cohabiting with a member of the opposite sex.”5 Prior to 2015, when the above statute was enacted, marriage in Alabama was between a man and a woman only. Two pieces of legislation had been passed in Alabama in an effort to preserve this limitation on marriage: The Alabama Marriage Protection Act (1998)6 and the sanctity of marriage amendment to the Alabama Constitution (2006).7 In January 2015, a decision was handed down from the U.S. District Court, Southern Division of Alabama in Searcy v. Strange that found that both the Alabama Marriage Protection Act and the sanctity of marriage amendment to the Alabama Constitution

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were unconstitutional.8 Five months later, the U.S. Supreme Court issued its decision in Obergefell v.

Hodges, overturning all bans on same-sex marriage in the United States that had been passed by voters.9 This decision resulted in the legalization of same-sex marriage in the United States, including Alabama.

Alabama Code § 30-2-55, regarding the terminating acts for periodic alimony in Alabama, was last modified in 1981, thirty-four (34) years before same-sex marriage became legal in Alabama. Alabama Code § 30-2-55 provides for the termination of periodic alimony in situations of cohabitation with the opposite sex only, presumably because in 1981 marriages between opposite sexes were the only legal marriages in Alabama. Therefore, the intent was presumably for any cohabitation of a romantic nature to terminate periodic alimony. Same-sex marriages are now legal in Alabama, but Alabama Code § 30-2-55 has not been modified or updated by the Alabama Legislature;10 nevertheless, to be clear, § 30-2-55 deals with cohabitation, not marriage.

The result is a loophole that allows individuals to cohabitate with someone of the same sex in a romantic nature without having periodic alimony terminated, even though same-sex marriage is now legal. The Alabama Court of Civil Appeals has held that “[s]ection 30-2-55 cannot reasonably be read as applying to an ex-spouse receiving alimony who is living openly or cohabiting with a member of the same sex.” This decision was issued before the legalization of same-sex marriage in Alabama, but § 30-255 still has not been amended and, as stated above, marriage and cohabitation must be distinguished between.

Granted, many divorce decrees now prohibit staying the night with a member of the opposite sex or the same sex of a romantic nature while the party has custody of his or her minor child, but this prohibition does not apply to the termination of periodic alimony.

Caleb A. Faulkner Two situations can occur that would allow cohabitation of a romantic nature without periodic alimony being terminated.

First, a divorcee receiving periodic alimony following the termination of an opposite-sex marriage could cohabitate with a member of the same sex in a romantic nature. Second, a divorcee receiving periodic alimony following the termination of a same-sex marriage could cohabitate with someone of the same sex in a romantic nature.

Now that same-sex marriage is legal in Alabama, it remains to be seen whether the Alabama Legislature will act and add cohabitation with a member of the same sex in a romantic nature to the list of terminating acts for periodic alimony. For now, though, such cohabitation is a loophole that provides for the cohabitation of a romantic nature without periodic alimony being terminated.

1 See Rick Fernambucq & Gary Pate, Family Law in Alabama: Practice and Procedure §7.02[2] (Matthew Bender, 2020 Ed.) (quoting Thompson v. Thompson, 210 So. 2d 808 (Ala. 1968)).

2 Id. at §7.02 (citing Ala. Code § 30-2-57(d) (1975)).

3 Id. 4 Id. (quoting Ala. Code 30-2-55 (1981)).

5 Id. 6 Id. at §3.01 (citing Ala. Code § 30-1-19 (1998)).

7 Id. at §3.01 (citing Amendment 774 of the Alabama Constitution)).

8 Id. (citing Searcy v. Strange, 81 F. Supp. 3d 1285 (S.D. Ala. 2015)).

9 Id. (citing Obergefell v. Hodges, 135 S. Ct. 1039 (2015)).

10 See generally J.L.M. v. S.A.K., 18 So. 3d 384, 388 (Ala. Civ. App. 2008) (quoting Van Dyck v. Van Dyck, 425 S.E. 2d 853, 854-55 (Ga. 1993) (“If, in fact, the legislature intended the statute to allow modification on the finding of the alimony recipient’s cohabitation with a person of either sex, ... it is the duty of the legislature, rather than the courts, to amend the statute.”) (footnote omitted).

11 J.L.M. v. S.A.K., 18 So. 3d 384, 388 (Ala. Civ. App. 2008).

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The Birmingham Bar Foundation

Serving the Birmingham Bar Association and our community

By William S. “Buddy” Cox III, president of the Birmingham Bar Foundation

Above: President Buddy Cox, Allison Skinner, Chris Christie and Alan Howell at the Vulcan Park & Museum Women’s Suffrage Exhibit. Below: The 2020 Fellows and Life Fellows.

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As you may know, the mission of the Birmingham Bar Foundation is to encourage the philanthropic and educational efforts of the Birmingham Bar Association for the betterment of our community and the promotion of justice. In other words, the Foundation is the philanthropic arm of the Bar and, therefore, its work is important to the Bar, the Birmingham legal community and the public in general.

Here’s an overview of all the Foundation has done this year despite the pandemic: ► The Foundation kicked off the year with a grant in support of the Women’s Suffrage Centennial exhibit at Vulcan Park & Museum. We were proud to be a part of this educational exhibit celebrating the passage of the 19th Amendment. The exhibit is ongoing through January 2021, so make plans to stop by Vulcan to see it. ► In February, we inducted the ninth Class of Fellows and Life Fellows with a well-attended dinner at The Club. The Fellows are dedicated members of the Bar Association who are accomplished in their fields of law and leaders in the legal profession, who are uncompromising in their adherence to ethical standards, who are dedicated to professionalism and civility, and who strive to achieve optimal results for their clients. We are very grateful for this prestigious group of attorneys who enhance our profession. ► Over the summer, we worked with Presiding Judge Elisabeth French to update the handbooks that jurors receive when they appear for jury duty. The handbooks welcome the jurors, thank them for their service and provide useful information about serving on a jury. ► Also during the summer months, we awarded four grants to local projects that are providing civics education or are engaged in legal-related activities: Vulcan

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Left: President Buddy Cox with family and friends at the Fellows Dinner.

Below: A scene from the October Birmingham Bar Foundation virtual mixology fundraiser that benefits the Foundation’s charitable projects.

Park & Museum, Upward Bound Academy, YouthServe and ReadWokeBham Book Club. We are proud to be partnered with these organizations.

► Recently, we were excited to update the Foundation’s logo as shown on these pages. What better time than during the uncertainty pervasive throughout 2020 to press the refresh button and put forward a fresh new face of the Foundation! ► In October, we hosted the foundation’s only fundraiser for 2020, a virtual mixology event that featured two expert mixologists showing attendees how to make three amazing cocktails: the Old Fashioned, a Mai Tai and a Litigation Vacation. They described the history of each cocktail and discussed the how’s and why’s behind each step of the mixing process while attendees enjoyed well-crafted cocktails. Best of all, the money raised through ticket sales provides funds for the Foundation’s charitable projects.

If you missed the virtual fundraiser, it’s not too late. You can participate in our fundraising event any time on-demand by going to this link: https://2020mixology. swell.gives/.

We look forward to returning to more traditional Foundation projects and fundraisers in the near future. In the meantime, thank you for your continued support and have a wonderful holiday season.

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Volunteer Lawyers Birmingham

Attorney Spotlight Lightfoot’s Liz Huntley

Attorney volunteer Elizabeth “Liz” Huntley (Lightfoot).

Huntley is one of the hundreds of attorneys in the community who freely give their time and expertise through VLB to assist low-income clients with civil as well as domestic issues.

‘Why I Volunteer’ Attorney volunteer Elizabeth “Liz” Huntley (Lightfoot) has given new meaning to the term “extended representation” through her tireless work on behalf of Volunteer Lawyers Birmingham clients, including a domestic-abuse survivor whom Huntley represented pro bono for nearly three years.

For Huntley, there is a personal story behind her drive to do whatever it takes where vulnerable families are involved.

Today a formidable civil litigator, Huntley’s childhood was marked by poverty, family upheaval and unthinkable abuse.

“There were many times during my childhood when I could have used an advocate,” said Huntley, who has written a book about her experiences, “More Than a Bird.” “That would not only have been beneficial to my emotional well-being but my safety and basic needs. So it’s very natural for me to want to help people who need a resource.”

VLB: What made you want to become a

lawyer?

Huntley: In middle school, my teachers instructed me to read a lot of biographies — Malcolm X, Rosa Parks, Abraham Lincoln — and I noticed in all these books that whenever anything happened to impact society in such a great way, it happened through the law.

Today we may not have the challenges that we had in the ’50s and ’60s. We are in an era where we defend rights that have been promulgated in the law, versus trying to establish those rights and have them codified and made law. But it doesn’t make our

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profession any less valuable as the change agent that it can be on society. Now instead of something as global as the Civil Rights Act, it may just be that one case at a time of helping a family get through a hard time or making sure a child is with the parent who is going to provide what the child needs.

VLB: What would you tell other attorneys about the importance of pro bono work, particularly domestic cases?

Huntley: Imagine you’re trying to raise your children while dealing with an ex-spouse who’s violent. Your children might be having issues related to all of that

trauma and things that have happened over the course of the marriage, and the tug of war that continues after that. You feel helpless.

To me, it’s unfair that if a woman is in an environment where she has resources, her children will probably have a much more positive outcome even in the same situation. A woman without resources can’t afford representation that’s going to get them through that. So she struggles through, trying to survive, and her children also become victims of it.

Frederick Douglass once said, “It is easier to build strong children than repair

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broken men.” So you have to ask, where do you want to pay for this? If you don’t help that person who’s struggling but wants to do the right thing, what’s going to happen?

We’re going to pay for it somewhere else.

And my choice is to be on the front end.

Let’s be preventative instead of trying to fix broken stuff on the other side.”

Huntley is one of the hundreds of

attorneys in our community who freely give their time and expertise through VLB to assist low-income clients with civil as well as domestic issues. VLB has opportunities ranging from brief counsel and advice sessions to full extended-representation cases. Any help can make a huge difference for an individual who otherwise could not afford legal assistance.

As Huntley puts it, “I have a strong

appreciation for the need for us to jump out there for folks to be able to have the same quality legal representation that others have. As attorneys we should remember the core of what our profession stands for.”

To volunteer with Volunteer Lawyers Birmingham, please contact Michelle Horn Brown at 205-623-0901 or at mbrown@vlbham.org.

Volunteer Lawyers Birmingham salutes our Champions for Justice Thanks to those whose generous annual donations make our work possible Every day that Volunteer Lawyers Birmingham (VLB) provides free legal assistance to low-income residents of Jefferson County, we do so thanks to contributions from our generous donors and attorney volunteers.

Our Champions for Justice supporters give each year so VLB can change lives and restore hope. They make our work possible by helping to pay for the tools, framework, and support needed for our attorney volunteers to concentrate on helping clients with a wide variety of civil and domestic legal issues.

We want to thank all of the Champions for Justice — each of whom has committed to give annually throughout the 2019-23 Champions for Justice campaign — for investing in VLB’s mission along with the future of our clients, their families, and our entire community.

CHAMPIONS FOR JUSTICE, 2019-23 ► $15,000 ○ Baker Donelson ○ Balch & Bingham ○ Bradley ○ Burr & Forman ○ Carr Allison

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○ Maynard Cooper & Gale

► $10,000 ○ Cory Watson ○ Lightfoot Franklin White ○ Mike & Gillian Goodrich Foundation ○ Starnes Davis Florie ► $7,500 ○ Sirote & Permutt ► $5,000 ○ Bressler Amery Ross ○ Jennifer Buettner & Ernest Bates ○ Christian & Small ○ Farris Riley Pitt ○ Freedom/Veritext ○ Hare Wynn Newell & Newton ○ Jones Walker ○ Marsh Rickard & Bryan ○ Tyree Hyche & Dixon ○ White Arnold & Dowd ► $2,500 ○ Butler Snow ○ Cabaniss Johnston Gardner Dumas & O’Neal ○ Methvin Terrell Yancey Stephens & Miller ○ Wallace Jordan Ratliff & Brandt

► $1,000 ○ Adams & Reese ○ Judge John & Susan Carroll ○ Dominick Feld & Hyde ○ Kirk Drennan Law ○ Gentle Turner Sexton & Harbison ○ Jim & Julie Goyer ○ Littler Mendelson ○ Lloyd Gray Whitehead & Monroe ○ Maura & Will Goodwyn ○ Pearce Bevill Leesburg Moore ○ Redden Mills Clark & Shaw ○ Shunnarah Injury Attorneys ○ Waller Lansden Dortch & Davis ○ Warren Averett ○ Williams Elliott & Cohn To donate to Volunteer Lawyers Birmingham, please visit our website at vlbham. org, or contact Executive Director Graham Hewitt at 205-250-5198, ext. 3, or ghewitt@ vlbham.org. During this unprecedented time of the COVID-19 pandemic and its widespread repercussions in the community, our clients need your support more than ever.

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Above: The East team assists a citizen with voter registration during a September drive. Below: West team volunteers pose for a photo.

Magic City Bar Association hosts drive, virtual banquet

By President Chris Burrell The Magic City Bar Association (MCBA) continued an outstanding year by holding two great events that impacted the local and legal communities.

In September, the MCBA held an “East vs. West” Voter Registration and Census Drive. Dubbed “The Battle for Birmingham,” this unique competition was for teams to register citizens to vote, fill out absentee ballots applications and complete the vitally important U.S. Census. The “East” team was stationed at the Piggly Wiggly grocery store in the Eastlake/Woodlawn area and was assisted by volunteers

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from the Magic City Chapter of the Links, Inc. The “West” team was headquartered at the Piggly Wiggly in West End and was a collaboration with the Alabama Lawyers Association, with volunteers from the League of Women Voters.

This fun event ended in a tie for the number of registered voters. The two teams also combined to give out more than 300 absentee voter applications with detailed instructions, and several people completed the census as well.

Above: Members of the West team registers voters. Above left: A few of the East team volunteers.

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In October, the MCBA held its Annual Scholarship Banquet. Due to the ongoing COVID-19 pandemic, the event was “A Virtual Affair” streamed on the internet. The banquet was still quite a success, as almost $20,000 in scholarships were awarded to law students and the event was viewed almost 3,000 times on Facebook and YouTube.

The event started with the Judicial Council celebrating the 100th anniversary of the women’s suffrage movement. Four women’s suffrage trailblazers were honored and shared stories: Hon. Tamara H. Johnson, Hon. Annetta Verin, Hon. Agnes Chappell and the late Hon. Helen Shores Lee. Judge Lee, the first African American female judge in the civil division, was presented by the Hon. Elisabeth French, the first African American female Presiding Judge in the state of Alabama. The honor was accepted by Judge Lee’s son, Attorney Arthur Shores Lee. Next, the program featured a stirring video presentation “Be More,” which is the MCBA’s theme for the year. There were also greetings from, among others, State Bar President Bob Methvin, ALA President Leon Hampton and BBA President Andrew Nix. MCBA President Chris Burrell then gave remarks. Next was a special address from U.S. Congresswoman Terri Sewell, who encouraged the viewers to “make a difference where you are” by following the moral obligation to fight injustices.

Then, Deborah Byrd Walker presented Attorney J. Mason Davis, Jr. with the Medallion of Merit Award and induction into the MCBA’s Hall of Fame. Lastly, President-Elect Sidney Jackson announced the scholarship awards, with at least one scholarship going to a student at each law school in Alabama.

The MCBA is still going as strong as ever and continues to make a tremendous impact!

Above: Women trailblazers honored during the Annual Scholarship Banquet included, at left, Judge Johnson, Judge Verin and Judge Chappell, and the late Hon. Helen Shores Lee, who was presented by Judge French and her son, Attorney Lee, at right. Left: U.S. Congresswoman Terri Sewell. Below left: Attorney J. Mason Davis.

2020 MCBA Scholarship Recipients

2020 MCBA scholarship recipients. Almost $20,000 in scholarships were awarded to law students.

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Sidni Smith (Cumberland) Xavier Thomas (Jones) Aaliyah Locke (Alabama) Rudy Munnerlyn Malik Sanders Tanesha Maiten Tara Scott Chennelle Jones B. J. Savage (BSOL)

3L Award 2L Award 2L Award (Cumberland) (Jones) (Miles) (Birmingham School of Law) (Alabama) Judge Annetta H. Verin Scholarship

$2,500 $2,500 $2,500 $1,000 $1,000 $1,000 $1,000 $1,000 $5,000

BIRMINGHAM BAR BULLETIN

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Memorial Scholarship Contributions The Memorial Scholarship Fund honors the lives and memories of colleagues and loved ones and offers scholarships to law school students. The tax-deductible gifts are used by the Birmingham Bar Association to award scholarships to second-year and third-year law students at Birmingham School of Law, Cumberland School of Law, Miles Law School and the University of Alabama School of Law. We greatly appreciate your donations! Donations may be sent to the Birmingham Bar Foundation, 2021 Second Avenue North, Birmingham, Alabama 35203. For more information, contact Jennifer Buettner at 205-251-8006, ext. 3, or jbuettner@birminghambar.org.

We are thankful to the following generous donors for supporting this important scholarship program and carrying on a legacy of justice through future attorneys: ► In memory of Harold I. Apolinsky ○ Massey, Stotser & Nichols, P.C. ► In memory of Beverly P. Baker ○ Leslie R. Barineau ○ Massey, Stotser & Nichols, P.C. ○ The Honorable Caryl P. Privett ► In memory of The Honorable Joseph L. Boohaker ○ Leslie R. Barineau ○ The Honorable Teresa Pulliam and Max Pulliam ► In memory of Harlan Hobart Grooms Jr. ○ De Martenson ► In memory of David E. Hampe Jr. ○ Leslie R. Barineau ► In memory of William H. Mills ○ William N. Clark ► In memory of Martha Jane Patton ○ Leslie R. Barineau ○ Robin L. Burrell ○ The Honorable Tom King Jr. ○ Massey, Stotser & Nichols, P.C. ○ Alyssa L. Prater ○ The Honorable Caryl P. Privett ○ Leila H. Watson ► In memory of Lee H. Stewart ○ Lewis & Feldman, LLC ○ Massey, Stotser & Nichols, P.C.

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► In memory of The Honorable Gerald S. Topazi Sr. ○ Leslie R. Barineau ○ De Martenson

► In recognition of the retirement of The Honorable John E. Ott ○ The Honorable Tamara O. Mitchell

► In memory of L. Stephen Wright Jr. ○ Leslie R. Barineau ○ Najjar Denaburg, P.C. ○ William N. Clark

BIRMINGHAM BAR BULLETIN

Enjoy these Benefits of Birmingham Bar Association Membership As a member of the Birmingham Bar Association, you have access to discounts and benefits from the following companies. Visit the “BBA Member Discounts� page of our website for details: https://birminghambar.site-ym. com/page/Bar_member_discounts

WINTER 2020

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Attorneys in the News On Aug. 6, Lightfoot, Franklin & White LLC partner Terry McCarthy performed 2,000 push-ups to raise money for Alex’s Lemonade Stand Foundation (ALSF), a pediatric cancer charity. Since 2017, Lightfoot has held McCarthy a downtown lemonade stand to raise money for ALSF, but due to COVID-19, Terry had to come up with a creative idea to raise funds virtually.

His efforts helped raise $30,273 this year, bringing the four-year total to $102,317.

is pleased to announce that Abigail B. Harris is the recipient of the firm’s 2020 Cameron J. Miller Award for Excellence and Community SerHarris vice, as well as the first Jo-Ann Golden Humanitarian Award from the Southeast Region of the National Association of Women in Construction (NAWIC). In addition, Abigail was installed as President of the Greater Birmingham chapter of NAWIC.

for the Alabama Ballet.

Zilahy

Martin

Rip Andrews of Marsh, Rickard & Bryan, P.C., has been elected president of the Alabama Association for Justice.

Ellise Washington was recognized with the Circle of Excellence Award at this year's National Bar Association conference. The award is presented to the attorney who goes above and beyond Washington in service to their community and the Young Lawyer Division, and it comes with an annual endowment of $2,000. Ellise, who serves as the Magic City Bar Association's Member Relations Committee chair, was also elected as the NBA YLD Historian.

Andrews

Bradley Arant Boult Cummings LLP

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Sparks

The law firm of Hare, Wynn, Newell and Newton LLP is pleased to announce a $10,000 contribution to Libby’s Friends, a local nonprofit dedicated to financially supporting Alabama families with special needs children. Jamie Moncus, trial lawyer at Hare Wynn, serves as the board chairman of the firm’s foundation.

Cory Watson Attorneys is proud to welcome a new associate attorney in its Birmingham office, Julianne Zilahy. Julianne is a former professional ballerina

Bradley Arant Boult Cummings LLP welcomes Zachary P. Martin to the firm’s Birmingham office as an associate in the Litigation Practice Group.

At the recent American Bar Association Annual Meeting, Judge Andra D. Sparks, the Presiding Judge of Birmingham Municipal Court, was elected vicechair of the Judicial Division’s National Conference of Specialized Court Judges (NCSCJ).

Judge Charles (Chuck) Price II was elected District 5 representative.

His district covers Alabama, Arkansas, Florida, Mississippi, Missouri and the Virgin Islands.

Baker Donelson has joined the Law Price Firm Antiracism Alliance. This recently formed coalition of more than 200 of the nation’s leading law firms is focused on utilizing private bar resources to assist legal services organizations in furtherance of their missions to dismantle barriers to opportunity in communities of color.

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Attorneys in the News

Hatcher

Judge Marshell Hatcher is the new American Bar Association Judicial Division liaison to the ABA Racial and Ethnic Diversity in the Profession Committee.

In recognition of Child Passenger Safety week at Children’s of Alabama, Hare, Wynn, Newell & Newton LLP contributed $10,000 to the hospital’s car seat program in September 2020.

Chambers

Robertson

Garrett

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Marsh, Rickard & Bryan, P.C. is pleased to announce that Rhonda Chambers has joined the firm as an appellate attorney.

Balch & Bingham is pleased to announce that James M. (Jim) Robertson joins the firm as of counsel in the Intellectual Property and Trademark Practice in Birmingham.

Hill Hill Carter Franco Cole & Black, P.C. is pleased to announce the promotion of Carami

Garrett to her new position as an associate attorney. Carami will join the firm’s education and employment practice groups and work in the firm’s Birmingham office.

Gregory Denny of Powell and Denny P.C. has been elected chair of the Alabama State Bar Board of Legal Specialization.

Edge

Hazelton LLP, located at 1122 Edenton St., Birmingham, Alabama 35242; telephone: 205-879-8722. The firm will specialize in the civil defense of individuals, insurance companies and business entities across numerous industries in many important and varied class and individual actions in the state and federal courts of Alabama, Georgia, Mississippi and Tennessee. More information about the firm is available at my-defense.com.

Hoyt

Huie is pleased to welcome Andrew Edge and Maya Hoyt to the firm as associate attorneys.

Scilabro

Marsh, Rickard & Bryan, P.C. is pleased to announce that Dylan Scilabro has joined the firm as an associate. Dylan is a 2020 graduate of the Cumberland School of Law.

Stockham, Cooper & Potts, P.C. announces that Hugh Harris has joined the firm as a partner.

Miller

Cory Watson Attorneys is proud to share that attorney Lauren Miller was recognized as a Birmingham Business Journal Woman to Watch 2020.

Neal Moore, Jack Young, Setara Foster and Jeremy Hazelton announce the opening of Moore Young Foster &

Hall

Messina

Rosario

Smithart

Lightfoot, Franklin & White LLC is pleased to welcome four new associates to the firm’s Birmingham office: Rebecca K. Hall, Brooke L. Messina, Richard A. Rosario and M. Wesley Smithart.

Burr & Forman LLP wrapped up its annual Pre-Law Program in July, welcoming 33 undergraduate students from across the U.S. to the eLearning class. Despite a challenging year, the firm continued to offer this resource in a virtual format to undergraduate students who are preparing for

BIRMINGHAM BAR BULLETIN

Attorneys in the News law school and ultimately planning for a career in the legal field.

Baker Donelson has achieved Mansfield Certification status after completing a 12-month certification program. The Mansfield Rule Certification measures whether law firms have affirmatively considered women, attorneys of color, LGBTQ+ attorneys and attorneys with disabilities for recruitment roles, governance roles, equity partner promotions, and inclusion in formal pitch presentations to clients.

Burr & Forman LLP announces the addition of seven new associates in the firm’s Birmingham office: Elena Bauer, Gabriell Jeffreys, Ryli Leader, Tucker Martin, Liz Moore, Lindsey Phillips and Corban Snider.

Balch & Bingham is pleased to welcome six new associates to the firm’s

Davis

Hembree

McKee

Tippetts

Wynn

Young

Birmingham office: Anna Davis, Grace Hembree, Emily McKee, Aaron Tippetts, Park Wynn and Blake Young.

The Alabama Defense Lawyers Association held its 56th Annual Membership Meeting and Elections on Aug. 14, 2020, swearing in a new slate of officers and directors at the close of the meeting. The membership meeting was held virtually due to the COVID-19 pandemic. Andrew J. Rutens was confirmed as the 2020-21 president

of the association, while Gerald Swann Jr. assumes the position of president-elect.

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WINTER 2020

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