Birmingham Bar Association Bulletin Fall 2020

Bulletin BIRMINGHAM BAR ASSOCIATION

Members Who Motivate Us Get to know some of the BBA’s criminal justice practitioners. 12

Vol. 41, Issue 3 | Fall 2020

A New Way of Living See how some BBA members are adjusting to their ‘new normal’ pandemic circumstances. 24

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Message from the

Executive Director Thank you for taking a few minutes out of your busy schedule to read this quarter’s issue of the BBA’s Bulletin magazine.

Justice and equity are core elements of the BBA’s mission, and it is with these principles in mind that, in our regular “Members Who Motivate Us” section, we hear from several BBA criminal justice attorneys, honing in on their thoughts about criminal justice system reform.

The collegiality and camaraderie components Jennifer M. Buettner of our mission underlie our dedication of space in each issue of the Bulletin to the Magic City Bar Association, Volunteer Lawyers Birmingham and the Birmingham Bar Foundation to highlight their accomplishments.

The Bulletin is a platform for showcasing the great work of our members — for hearing your voices and seeing your faces.

If you have a story that is in keeping with the mission of the BBA, please share it with me (jbuettner@birminghambar.org).

Be well, stay strong and reach out to me if the BBA can do anything for you.

Jennifer M. Buettner Executive Director

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 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@starnespublishing.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.

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BIRMINGHAM BAR BULLETIN

In This Issue 08 President’s Message

18 Events During COVID-19 Thank you for the work of our Sections, who continue to provide valuable events for you.

21 #HashtagsEverywhere

28 Birmingham Tracking Project New judicial study: Birmingham women attorneys trail behind men in courtroom appearances.

32 Getting Positive Results

A message from Andrew S. Nix, the 2020 Birmingham Bar Association President.

John D. Saxon provides practical tips for taking a virtual deposition.

36 New Executive Director Magic City Bar Association’s work impacts local, virtual and legal communities.

24 New Normal

10 Members Who Motivate Us Jefferson County District Attorney Danny Carr; Deputy Public Defender Tiara Hudson; Wakisha Hazzard of The Hazzard Law Firm LLC; and Richard Jaffe of Jaffe, Hanle, Whisonant & Knight, P.C., share their insights on criminal justice reform and a little bit about their personal lives.

Integral to the VLB since 2014, Graham Hewitt is unanimously confirmed for the lead position.

Colleagues give us a glimpse into their lives to see how they are embracing their new work/life situations during the pandemic.

40 Memorial Scholarship Contributions 41 Member Benefits 42 Attorneys in the News

On the cover: The “Better Together” mural by Rizzo along 19th Street North at the intersection of Third Avenue North. Photo by Erin Nelson.

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From the President “As I write this message, we remain in the midst of mounting challenges and considerable uncertainty as a result of the COVID-19 pandemic ...”

The statement above is the opening line from my message to our membership in our Summer issue of the Bulletin. Unfortunately, the statement is as true today as it was then. COVID-19 continues to spread at an alarming rate and has claimed the lives of hundreds of thousands. The virus continues to wreak havoc on our economy and create challenges and uncertainty in our personal and professional lives.

We have all been Andrew S. Nix impacted by the virus in some way, some of us in more personal and even tragic ways than others.

Please know that the BBA is continuing to do all that we can to support and engage our members as we all navigate this reality together.

It has been so encouraging to me to see the resilience displayed by the members of our profession over the last several months.

BBA members have been unwavering in service to clients through the toughest of times. And, BBA members have continued to find ways to spend time together and support each other, even with “virtually” as the only option.

RECENT PROGRAMS

I will be the first to admit how disappointing it has been to be unable to convene our members in person for the programs and events that we all think of as the very best of the BBA. However, I am proud to highlight in this message a number of BBA-coordinated events, Section activities and Committee programs that we have been able to deliver over the past few months notwithstanding the limitations presented by COVID-19,

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thanks to the time and effort of so many of our members. These programs are great examples of the value and benefits that are available through the BBA, even during a global pandemic, and I hope that many of you were able to participate in them: ► On April 28, we celebrated Law Day 2020 via Zoom, focusing on this year’s theme of voting rights and the centennial of women’s suffrage. Allison Skinner and Leigh King Forstman provided fascinating historical context and discussed the fight that women waged to gain the right to vote, after which we were honored to have Jenna Bedsole debut her exceptionally-done documentary, “The Fight for the Noblest Democracy.” Then, on Aug. 26, we celebrated the “day of” the 100th anniversary of the passage of the 19th Amendment, granting women the right to vote, with another showing of Jenna’s documentary and an informed and interesting dialogue with Judge Tamara Harris Johnson, Devan Byrd, Alex Colvin, Allison Skinner and Joi Travis.

► Partnering with the Magic City Bar Association, MCBA President Chris Burrell and I hosted Presiding Judge Elisabeth French as she delivered a State of the Courts Address on June 17. Judge French covered a wide range of topics associated with the courts and the impact of COVID19 on the courts’ operations. ► The Magic City Bar Association was also our partner in bringing our memberships the sports-focused CLE panel discussion, “How Will the Sports Industry Be Changed by COVID-19?” on June 17. Panelists Russ Campbell, Michelle Clemon, Rick Davis and SEC General Counsel William King discussed the many ways in which both college and professional sports have been and will continue to be impacted by the pandemic. ► We collaborated with the Freshwater Land Trust, a local nonprofit led by BBA member Rusha Smith, to host two virtual CLE programs, “Conservation Easements” on April 29 and “Mitigation Banking” on May 18. These virtual programs had strong

BIRMINGHAM BAR BULLETIN

attendance and conveyed useful information for property and business attorneys as well as environmental enthusiasts. ► In June, in the wake of the tragic and unjust killing of George Floyd, and in solidarity with the call for social justice, we led two walks to see the Black Lives Matter art installation by Railroad Park, as well as the other incredibly inspiring artwork that sprung up all over downtown Birmingham in support of racial equality. As shown in the photo on the next page, we had a good crowd at these events, and everyone enjoyed the camaraderie — even as we adhered to necessary masking protocols. ► At the beginning of the COVID-19 pandemic, the BBA quickly pivoted to offer online content to our members, not only for the benefit of providing free CLE credits, but also to allow our members to connect with one another, even if it was virtually rather than in person. We greatly appreciate all of our panelists for these programs: ○ Ruby Jackson and Jonathan Moody led a discussion among Carrie Fowler, Jessica Kubat and Bill

O’Connor concerning data implications for in-house and corporate attorneys. ○ Our Wellness Committee chairs, Jack Carney and Rebecca Wright, presented a special ethics CLE with speakers Susan Han, Lynn Hogewood, Bernard Nomberg and Donny Donald. ○ Our membership was so interested in the CLE presented by Chris Christie on cybersecurity issues while working remotely that we offered it three times, each with at or near capacity attendance. ○ Also popular was David Lawson’s CLE on artificial intelligence, which had a huge audience. ○ In conjunction with the YWCA of Central Alabama, we hosted a voting rights CLE featuring Joyce White Vance along with other individuals who are working to protect, restore and preserve the right to vote for everyone. ○ Very soon after the stay-at-home orders were issued, Ashley Peinhardt and Marty Van Tassel led a discussion on “What You Need to Know to Conduct and Participate in an Online Mediation with Zoom” for our members who were

interested in safely moving their cases forward despite the suspension of jury trials. ○ Recently, Family Law Committee Chairs April DeLuca, Jacy Fisher and Steven Gregory led a lively and informative virtual dialogue on “Client Myths and Misconceptions in Family Law” for an audience of nearly 50 of attendees who enjoyed the collegiality of the speakers and learned how to dispel some of the misunderstandings about the law that their clients present to them.

SECTIONS STAY CONNECTED

Our Sections have been hard at work providing programming for their members and other ways to stay connected. I want to say a huge thanks to the leadership of our Sections for being real “boots on the ground” in the delivery of value to our members: ► The Workers’ Compensation Section held a virtual CLE on April 23 featuring David McAlister, discussing the settlement of third-party claims with workers’ compensation liens, and then another on May 11 with speaker Bo Kirkpatrick providing an overview of

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the compensability of COVID-19-related claims under workers’ compensation laws.

Section Chair Linda Ambrose has done an exceptional job of keeping the Section informed and involved despite the pandemic. The first two CLE events were so well-received that Linda went on to plan a third virtual CLE with Larry King discussing his research to expose the racial disparities in Jefferson County workers’ compensation awards. ► Judge Stephen Wallace and Chris Daniel presented “Zoom Tips for Better Video Meetings and Court Hearings” for members of the Criminal Justice Section.

This virtual CLE was so popular that it became a recruitment opportunity for the Section, prompting BBA members to join who were not already members of the Section. Texys Morris, chair of the Section, also planned a Section Social for Aug. 13. ► The Young Lawyers Section hosted an online CLE program with speakers Robin Mark, Hal Mooty and Ashley Peinhardt discussing various ways that COVID-19 has affected the practice of law and providing tips for being successful in a new way of practice. Section Chair Will Lattimore has stayed in touch with members through regular communications, including a hilarious video message from Pauly Shore, and Section leadership promoted an opportunity for members to donate to the NAACP Legal Defense Fund in support of racial equality. ► The Women Lawyers Section has also been busy with some unique events and opportunities for Section members, including a wildly successful virtual Membership Drive and Social, organized and led by Judge Brendette Brown Green and Judge Patricia Stephens, at which members and prospective members enjoyed playing Zoom-adapted games and learning more about the women judges of the 10th Judicial Circuit, most of whom attended the event (thank you to the judges!). The Section has also been hosting monthly online socials to keep members connected. Section Chair Maridi Huggins has kept the Section’s leadership motivated and has moved normal Section business forward through monthly online board meetings. ► April Mason, this year’s chair of the Business Law Section, planned a three-part COVID-19 Response Virtual CLE Series

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Participants of our June 20 group walk to the Black Lives Matter art installation by Railroad Park. covering a variety of commercial law topics.

Presenters Jack Kubiszyn, John Pickering and Jeremy Rutherford discussed the impacts of COVID-19 on several general commercial issues. Josh Bennett, John Holmes and India Vincent covered the unique employment-related issues arising out of COVID-19. And, Judge Sims Crawford, Jay Bender and Gene Price examined how bankruptcy and M&A have changed as a result of COVID-19. These three well-attended virtual programs kept Section members connected and involved. ► The Bankruptcy and Commercial Law Section recently hosted a modified version of its annual half-day CLE, which moved to Zoom this year. Speakers Cathy Moore and Jonathan Raulston covered a variety of bankruptcy-related topics, and Alabama State Bar counsel Jeremy McIntire provided attendees with their needed annual ethics credit. In addition to planning this program, Section Chair Robert Keller has kept the business of the Section on track with monthly meetings. ► Federal Practice Section Chair Stephen Bumgarner coordinated the production of an in-depth and informative Q&A session with Chief Judge Scott Coogler entitled “Understanding COVID’s Impact on Current Proceedings in the U.S. District Court for the Northern District of Alabama.”

Posted to the BBA’s YouTube Channel, this

video has had hundreds of views. ► The Solo and Small Firm Section, led this year by Kristin Waters Sullivan, collaborated with the Magic City Bar Association to host #YourProtesterRightsMatter, a Facebook live discussion. Neena Speer moderated a conversation with speakers Kira Fonteneau and Akiesha Anderson about the challenges that protesters face and how to handle those challenges. MCBA President Chris Burrell reports in his article on page 21 of this issue that the program had more than 1,000 views!

I ended my message in the summer issue of the Bulletin with the following: “Although I do not know exactly what the future holds, or exactly what our ‘new normal’ will look like as a result of COVID-19, what I do know with certainty is that our commitment to our profession and to our association with each other as lawyers is as important now than perhaps it has ever been.” This statement, too, remains true today.

Thank you for your commitment to our profession and to the BBA. Each of you is an important part of this community of colleagues, and I hope that you will take full advantage of what your membership in the BBA has to offer.

Please know that we are always eager to receive your suggestions and ideas. We are here for you. Take care and stay safe.

BIRMINGHAM BAR BULLETIN

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Members Who Motivate Us In this issue of our regular “Members Who Motivate Us” feature, we focus our attention on some of the Birmingham Bar Association’s criminal justice attorneys: Danny Carr, Jefferson County District Attorney; Tiara Hudson, Deputy Public Defender; Wakisha Hazzard, The Hazzard Law Firm LLC; and Richard Jaffe, Jaffe, Hanle, Whisonant & Knight, P.C. As we get to know them in these pages, we gain insight into their views of criminal justice reform and notice certain themes about changes to make the justice system more equitable. We thank them for sharing their observations and experiences with us.

Danny Carr

Members Who Motivate Us

Q: Briefly tell us about your work and experience as a criminal justice attorney in Birmingham.

A: I was born and raised in Birmingham

and am the proud recipient of a Birmingham City School System education.

Specifically, I grew up in the Ensley community, which does not always conjure the most positive image in some people’s minds. My neighbors and friends from the Ensley community get kudos for giving me the opportunities that I’ve been given in my life and helping pave the way for me to be in the position that I’m in today.

My entire career has been in the Jefferson County District Attorney’s office, and I worked my way up through the ranks over many years. Under the administration of David Barber and Brandon Falls, I progressed from an early-career DA to a lead prosecutor on thousands of cases. When I became a Division Chief, I assumed supervisory responsibilities, giving me the experience I needed to then move into the role of Chief Deputy District Attorney.

In November 2018, I was elected by the citizens of Jefferson County as the District Attorney and am honored to be serving in this role.

As District Attorney, I believe it is important to educate our public, not just incarcerate. My focus is on ensuring that

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Jefferson County District Attorney Danny Carr with his mother, Regina Carr Hope. the innocent do not suffer and the guilty do not go free, and I am motivated every day to work on reforming the criminal justice system, protecting the community and protecting victims of crime.

Q: What is one area of the criminal justice system where you would like to see reform?

A: There are a number of criminal justice reforms that my office has already implemented with successful results.

One such reform is the expansion of the diversion courts by expanding the types of cases that are eligible to be referred to those courts. In terms of Diversion Courts, we have a Mental Health Court, a Drug Court, a Veterans Court and — our newest

BIRMINGHAM BAR BULLETIN

challenges of social distancing during the COVID-19 pandemic?

A: Currently, our in-office team is running

relative to expungements expand because I believe our community is stronger and crime decreases when you give a second chance to people who got into certain types of trouble when they were young — a time in life when not everyone exercises their best judgment. Having a criminal record is an impediment to getting a good job and other resources that will help them turn their lives around — expungement can help reverse their lives. Also, I am planning to institute a conviction integrity unit where we review cases where there were possible wrongful convictions.

with a skeletal crew of about 10 people.

All of our attorneys and staff are working hard from remote locations to maintain social distancing protocols. We equipped our attorneys with laptops and VPN connections, so they have been able to continue to consult with clients and work with the courts to move their cases forward.

We have a schedule to rotate attorneys and staff in the office at least one day a week. As leader of the DA’s office, it was important for me to ensure that parents with kids who were out of school could work from home most of the week so that they could take care of their families while still doing their jobs.

One of the most enjoyable things I have done during COVID is continue to get out into the community while maintaining social distancing. For example, for birthday parties or other celebrations, I have done “drive-bys” in the District Attorney’s truck with the lights on and given shout outs using the truck’s loudspeaker. Also, I have been the Special Guest Reader on Facebook Live programs for elementary school children where I read a book to the kids. These are all ways that I have continued to be able to build trust in the legal system.

Q: Who are some of your role models in the legal profession?

A: One of my primary legal role models

Q: What is one of your guilty food pleasures?

A: My guilty food pleasure is the actual

Left: Danny engages with the community. Right: Danny reads to elementary school students. one — a Theft Court. The programs in these courts strive to keep certain offenders out of prison and, instead, turn their lives around to be productive citizens.

The late Judge Joseph Boohaker, some of the current judges and I worked together to help implement a risk assessment tool known as the Virginia Pre-trial Release Assessment Act (“VPRA”), which uses a risk-based approach to making bail determinations rather than an approach based on ability to pay money. VPRA helps to alleviate the problem of the indigent not being able to make bail solely because their inability to pay.

Other reforms my office has implemented are focused on increasing the community’s trust in the system and making sure we are accessible to the members of our community. For example, we have expanded the Helping Families Initiative which is a program that is laser focused on eliminating the “pipeline to prison.” The objective is to keep kids in school by connecting their families to the resources and opportunities they need to support their kids’ education. We have also we have hosted food drives and given away school backpacks in underserved communities. We have held a second-chance job fair because we recognize to prevent crime, we need to change the trajectory of individuals’ lives.

I want the citizens of Jefferson County to see our office as part of the community, and I want to prevent crime from occurring, not just punish it.

Right now, I would love to see our laws

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is Judge Houston Brown because he was instrumental in charting a course for me in the beginning of my legal career. Over the years, I have had the good fortune of working with Bill Dawson, David Barber, Randy Dempsey, Doug Davis, Emory Anthony, Judge Clyde Jones, Sen. Roger Smitherman and Judge Carol Smitherman.

All these attorneys took time out with me as a young man and young lawyer which enabled me to master skills required of an effective litigator. More importantly, they taught me the etiquette and professionalism needed to be effective in the courtroom and garner the respect of attorneys and the local Judiciary.

Q: What are your most successful strategies for coping with the

cooking process more than eating anything specific. If you follow me on social media, you will see what meals I enjoy preparing, and you will also see my followers’ reactions to my creations. People tell me that I am an excellent cook, but I cook for the enjoyment of it.

Q: Outside of the legal profession, who do you admire most?

A: Without question, my mom is the person I admire most in the world.

Anything I am is all because of her. As a single parent in a tough neighborhood, she worked tirelessly to ensure that I had opportunities to succeed in life. I say that, when I got elected to the position of District Attorney, she got elected. I give all credit to her and the Lord.

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Tiara Hudson

Members Who Motivate Us on social media. I also help by educating the people in my bubble about the election process as much as possible so they’re not left in the dark picking a name at random.

I want them to look at the person, not the party, and it helps if they can learn about who the candidate really is — who they are behind the flyer.

Q: Briefly tell us about your work and experience as a criminal justice attorney in Birmingham.

A: I describe my job as living my wildest

dreams. I’ve wanted to be a criminal defense lawyer since I was 8 years old watching “Matlock” with my grandma.

When you set your sights on becoming something at age 8, it doesn’t always happen, but here I am.

I went to undergrad at Emory University in Georgia and went to law school at the University of Alabama, but Birmingham, my hometown, kept drawing me back. I started out working for a small law firm, H. L. Penick & Associates. It was law school 2.0. Henry taught me the practice of law, the things they don’t teach you in law school. Once I got my feet under me, I moved on and started working with Eric Guster, who taught me the business side of practicing law.

These jobs were great, but they weren’t full-time criminal defense, which is what I’ve always really wanted to do.

A job opening came up with the Public Defender’s Office, and I went for it. I will have been here for six years in September.

Q: What is one area of the criminal justice system where you would like to see reform?

A: Picking just one is very hard, but I

would have to say pretrial detention. We operate on a system of innocent until proven guilty, but there are people who have to remain in jail before their trial simply because they can’t pay their bond.

If they were rich, they would have paid and been processed and out of there within a couple hours. It is so hard to hear from the people who are stuck there. They say, “If I don’t get out of here, I’ll lose my job,” or “My stuff will get put out on the street,” or “Who will watch my kids?” All this is heightened during COVID-19.

This certainly is not specific to Jefferson County. In fact, our judges and our DA’s office have been great during the pandemic. They have worked with us to avoid making people come to court unnecessarily, to divert people from detention when possible and to get cases

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Q: How have you been coping with the challenges of social distancing during the COVID-19 pandemic?

A: Employees of the Public Defender’s

resolved as soon as possible so that people can get out of jail. It is important to understand that you have to develop working relationships with people to get things done.

Q: Are there any social justice platforms or efforts that are particularly important to you right now?

A: The umbrella term would be racial equality. If people would just treat people fairly, our world would be such a better place. There’s the idea that people in America all have the same opportunity to pull themselves up by their bootstraps, but when you live in a system where people start out at different levels in the rat race, the bootstraps metaphor just doesn’t work.

More specifically, I am an advocate for voting rights. This year is an election year, and we are in the middle of a pandemic.

During some of the primaries, people have had to wait hours and hours in line to vote. Combined with the pandemic, which makes it scary to go out, it is especially important for every vote to be heard.

In Birmingham, the Magic City Bar Association and the local chapter of the NAACP have been holding voting drives, which I have been following and sharing

Office are able to go to the office if we need to, and we go to court as needed, but otherwise we have been working from home since everything shut down in March. Working from home has its moments. Before everything shut down, I was busy with work, my husband and my three kids, who are all very active, and I found myself wanting the chance to just sit down — and then I got my wish.

You would think working from home you would have more time, but you end up working more because it’s all spread out through the day. My soon-to-be 15-yearold has really stepped up by helping with the younger kids when I have to work and my husband is busy.

I have a large family and we’re very social, and it’s been hard not being able to be in the same room with them. My mom hasn’t left the house in four or five months.

We do a lot of Zoom family meetings, and I’ve been doing drive-bys to visit family members just to see their face in person instead of through a screen.

Q: Who are some of your role models in the legal profession?

A: My former boss, Eric Guster, is one of

my role models. He inspires me by being a visionary in so many areas. Outside of his law practice he has a number of ventures.

I also find role models in our criminal judicial bench. I started out as a colleague with some of these folks, and it has been wonderful to see them develop and become judges. I was ahead of Judge Tracie Todd in law school and was her mentor, and now she is on the bench and she has become one of my mentors.

BIRMINGHAM BAR BULLETIN

Wakisha Hazzard

Members Who Motivate Us and the many other acts of violence that have occurred this year alone, the Black Lives Matter movement has been very important to affect change and help end police brutality. Black and brown lives are more affected when it comes to violent interactions with the police. The organized peaceful protests have been important to let people know that we have a voice. We must protest peacefully and, of course, wear a mask and stay safe while doing so.

I believe you can make a stand and get your point across without being violent.

People like Congressman John Lewis, who died in July, really paved the way for social justice. He did so much in his 80 years here on earth and endured a lot of physical, mental and emotional strain to promote social justice reform and equality. As John Lewis stated, “Never ever be afraid to make some noise and get in good trouble, necessary trouble.”

Q: Briefly tell us about your work and experience as a criminal justice attorney in Birmingham.

A: The Hazzard Law Firm LLC was a

vision sparked by injustice within my family. When I was younger, my uncle was wrongfully convicted of a crime that he did not commit. It was his devastating experience within the legal system that spurred my passion to practice in the criminal justice field.

Being an African American female attorney presents its own unique challenges, but they can be overcome by putting God first and working hard. The legal profession is very male dominated.

You must stand firm in what you believe in and not let anyone take advantage of you.

Helping people is the utmost priority at the Hazzard Law Firm. I love to help people, and I love trying cases. In criminal law, not only are you helping clients through a difficult time, but you are also protecting their constitutional rights. Being charged with a crime does not make you guilty, yet being arrested comes with a stigma of guilt that society places on a lot of people who are charged with crimes. I fight for my clients and for equality in the legal system. I let excellence be my brand.

I put in the work and dedication for my client’s cases and achieve great results.

Q: What is one area of the criminal justice system where you would like to see reform?

A: Our drug laws should be reformed.

I think it is unfair that a person can go to prison longer for committing a drug crime than someone who committed a violent crime. I do believe that many of the defendants who I represent for drug charges have drug addictions, and I don’t believe that putting someone in prison for a drug addiction is going to help them find recovery. We should be more focused on addressing the root of the issue than on punishing people by sending them to over-crowded prisons where addiction issues and other such problems, like mental illness, can often become worse and are left unaddressed.

Marijuana laws in particular should be

FALL 2020

reformed. Statistically, medical marijuana is legal in approximately 33 states and recreational use is legal in approximately 11 states. Marijuana does not show the same side effects as other illegal substances such as heroin or methamphetamines. I believe that sentences for many marijuana convictions are too harsh, especially when there are other states that have legalized the substance, are controlling the product and are taxing it just like alcohol.

Q: Are there any social justice platforms or efforts that are particularly important to you right now?

A: I love working with children. I am a

member of the Junior League Birmingham, which partners with other organizations around the city to bring about change and awareness. One of their partners is the YWCA, and in the past I would volunteer at the YWCA teaching children how to be safe, how to ask for help and how to interact with others. We provide them with resources. I am very passionate about youth leadership platforms. The children are our future. The hope is to prepare them well so that when it is time for them to lead, they will be ready.

In light of the death of George Floyd

Q: What are your most successful strategies for coping with the challenges of the COVID-19 pandemic?

A: I have been taking it one day at a time

during the coronavirus pandemic. This is a crisis that we have never experienced before, and there has been a lot of change and many unknowns. I make sure I am keeping myself up mentally and physically to help with the strain of living in this pandemic day-to-day, and I am trying to incorporate things into my life that help me grow my practice and that help me grow as a person.

I read my Bible daily and listen to positive affirmations in the morning to get myself prepared for the day. I make sure I exercise at least five days a week, and I run about 6 miles each day. I’ve been looking up new recipes and reading “The 12 Week Year: Get More Done in 12 Weeks than Others Do in 12 Months.” To stay connected with my family, many of whom are in Georgia, we have weekly Zoom calls to check in with each other and see how everybody is doing. Not being able to go home and see family has been a struggle to a certain extent, but I know that this too shall pass, and we will be together again soon.

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Richard Jaffe

Members Who Motivate Us

Q: Briefly tell us about your work and experience as a criminal justice attorney in Birmingham.

A: After leaving the AG’s office and

Tuscaloosa DA’s office, I have focused on defending serious criminal cases in the state and federal courts, including over 70 death penalty ones and white-collar cases. I am fortunate to have worked with lawyers much smarter than me, and that has fueled whatever success I have achieved.

Our law firm Jaffe, Hanle, Whisonant & Knight represents a perfect example of that because each of the lawyers in it makes me a much better lawyer.

Richard Jaffe with Mayor Randall Woodfin at Sen. Doug Jones’ investiture .

Q: What is one area of the criminal justice system where you would like to see reform?

A: I actually listed 15 needed reforms

in my recent book, “Quest for Justice: Defending the Damned,” 2nd Ed., but if I had to pick one it would be discovery reform. In civil discovery, each side is an open book. Criminal discovery is still hidethe-ball, and that often leads to Brady and prosecutorial misconduct violations and new trials or wrongful convictions. The Jencks Act governing federal trials needs a drastic overhaul so that witness statements can be reviewed well ahead of trial rather than at trial after direct examinations or a few weeks before if we are lucky. In state proceedings, most courts do not require discovery prior to indictment. It is truly unfair to say the least.

Q: Are there any social justice platforms or efforts that are particularly important to you right now?

A: Systemic racism is proven by the

statistically disproportionate number of minorities who are pulled over by law-enforcement on pretextual traffic violations. It affects bail. It affects charging decisions and jury selection even today in spite of the 1986 Supreme Court decision in Batson v. Kentucky.

Few people deny the racial influences on the federal sentencing guidelines or the different probabilities of minorities getting probation or youthful offender treatment,

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We enforce the use of masks and social distancing when we have people in the office. and of course the disparity in America’s prison population. When people of color are not in positions of power, the lens of the criminal justice system distorts it.

Fortunately, that is changing in many places such as the historic elections of Danny Carr and Lynneice Washington as Jefferson County District Attorneys — both former students of mine at Miles Law School — as well as the increasing the number of judges and lawyers of color in our community.

Q: Who are some of your role models in the legal profession?

A: Clarence Darrow, Steve Bright and

Bryan Stevenson. Each of these heroes is a quintessential example of the kind of compassion our criminal justice system and our society is screaming for. I have worked with both Bryan and Steve and have been deeply inspired by both of them.

They have profoundly influenced my career and me as a person.

Q: What are your most successful strategies for coping with the challenges of social distancing during the COVID-19 pandemic?

A: We keep our office door locked, and entry is only available by appointment.

Q: What books have you been reading, podcasts have you been listening to and movies/television shows have you been streaming throughout the COVID-19 crisis?

A: I recently read “Talking to Strangers”

by Malcolm Gladwell. It is a book that delves deeply into our criminal justice system and impacts our concepts and preconceived notions about our interactions with people we do not know.

I also recently read “The Temple Bombing” by Melissa Fay Greene. Though this atrocious bombing occurred in Atlanta in 1958, this book is a timely read.

I have been listening to the “Wrongful Convictions” podcast with Jason Flom as well. It has run for 11 years and has featured notable wrongful convictions. One of my clients who is featured in my book, “Quest for Justice: Defending the Damned,” and I recently appeared in a segment on the podcast, which was broadcast in August.

Q: Outside of the legal profession, who do you admire most?

A: Nelson Mandela. Mandela changed

a nation and the world. Despite 27 years spent as a political prisoner, he never gave up hope — a perfect example of how one person can make a difference.

BIRMINGHAM BAR BULLETIN

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BIRMINGHAM BAR BULLETIN

FALL 2020

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The legal community memorializes and remembers

The Honorable Joseph L. Boohaker

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NAACP Birmingham President Dorothea Crosby

#HashtagsEverywhere Magic City Bar Association impacts local, virtual, legal communities

By Chris Burrell

MCBA President Chris Burrell and NAACP Birmingham President Dorothea Crosby

FALL 2020

MCBA Community Relations Chair Neena Speer and Donna McDade

Due to the ongoing COVID-19 pandemic, the Magic City Bar Association has changed the ways we impact our community. While we continued to impact the local Birmingham community in several ways, with the need for social distancing, we have also utilized social media and the internet to impact the virtual and legal communities.

In response to the events that followed the tragic murder of George Floyd, President Chris Burrell announced that the MCBA had instituted a #ProtestProtectionPlan.

This plan engaged MCBA members to provide pro bono representation or referrals

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Facebook Live #LetsTalkCurfew

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to individuals arrested in protest settings.

The plan also called for future partnerships with responsible organizations to help create organized and effective protests. Members of the MCBA Executive Committee also sent a letter asking for the dismissal of all charges to the mayors of all municipalities in Jefferson County that had arrested protesters.

The MCBA then partnered with the Birmingham NAACP and community volunteers to host a Voter Registration drive at the Crossplex Starbucks in Birmingham’s west side. Among the new registered voters were some older citizens who will vote in their first election this fall.

The MCBA also hosted a series of live virtual discussions. When Mayor Randall Woodfin instituted a citywide curfew in Birmingham, MCBA Community Relations Chair Neena Speer took to Facebook to explain the finer points of the curfew to concerned citizens. The live discussion #LetsTalkCurfew was viewed more than 700 times.

Then, when protests continued to unfold,

FALL 2020

Facebook Live #YourProtesterRightsMatter the MCBA collaborated with the BBA Small Firm/Solo section to hold another live discussion, #YourProtesterRightsMatter. Joining this discussion were Kira Fonteneau and Akiesha Anderson, and it

garnered more than 1,000 views.

The MCBA capped the second quarter by also impacting the legal community with the highly successful “Social Distancing” CLE series. These CLEs, held via Zoom, were offered to the legal community free of charge.

“Diversity and Inclusion in Big Law” featured Marcus Maples, Tim Shelton and Bridget E. Harris, and was moderated by Katrina Brown. “Lights, Camera Action: Marketing Your Firm” featured Gerald Brooks, April Collins and Ruby Davis, while “Lights, Camera, Action: Handling the Media” featured Eric Guster and Neena Speer. “Getting Your Virtual Affairs in Order” featured Judge Tracie Todd and Tiara Hudson, while “Litigation Trends After COVID-19” rounded out the day with Diandra Debrosse Zimmermann and Kira Fonteneau. By the halfway point of the year, the MCBA had offered 8.5 hours of free CLEs to lawyers.

Despite the challenges, the MCBA continued to leave a profound mark in the second quarter of 2020.

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New Normal: How are

you adjusting to the circumstances of your life during the pandemic?

We all may be weary of hearing the term “new normal,” but it accurately describes what most of us are experiencing right now. Whether in our work world or in our personal lives or both, some aspect of our routine has changed, and the change is starting to seem permanent.

Enjoy these glimpses into your colleagues’ lives to see how they are embracing their new life situations. Hopefully, you too have settled into your new circumstances and have found a way to be productive, happy and positive while staying healthy and safe.

Glenda Freeman

TAKING CARE OF CLIENTS AND ZOOMING LIKE A TRUE PROFESSIONAL At the time the pandemic struck, life was very busy for me as president of the Alabama Lawyers Association. I had just returned from a conference in Mobile and was preparing for another conference in Atlanta when things changed. Events were postponed or canceled, and then the Gov. Kay Ivey issued a state of emergency and issued a shelter-in-place order. I moved my office home and continued my work for my clients. I was introduced to Zoom conference calls, Zoom meetings and Zoom parties. Yes, Zoom parties!

I am adjusting well to my new normal. I am working mostly from home. I am Zooming like a real pro, but most importantly, my clients are my top priority in this pandemic. So, let’s continue to wash our hands, social distance and wear our masks.

Jackie Russell

MASTERING ZOOM, SERVING CLIENTS AND MANAGING MY LAW PRACTICE I cannot remember how much I knew about Zoom before the COVID-19 crisis, but I have become quite familiar with it since the pandemic. Zoom has allowed me to remain productive during this unique and unprecedented time. I have continued to service my clients smoothly in this environment of uncertainty being the new normal. I have continued to participate in hearings, CLEs and meetings via the Zoom platform. The feedback clients have given me so far is that of appreciation. They appreciate knowing that their case is not standing still but that actual movement is happening, even if that movement is not in the traditional sense.

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Kim Homer

NEW WAYS TO SPEND TIME WITH MY MOM My mother lives alone in a retirement community that is on lockdown with no visitors, as well as other restrictions for residents, so she is very isolated. We have daily chats via FaceTime on her iPad. I try to work something interesting into the chats each week. We tour my patio garden, bake “together,” look at family photos and enjoy virtual material from the Birmingham Museum of Art. Mom’s favorite activity is when a friend from church connects with us via Zoom each week and leads a guitar sing-a-long just for her!

BIRMINGHAM BAR BULLETIN

Tanisia “Tee” Moore

GRATEFUL FOR MORE TIME WITH MY FAMILY Never in my life did I think I would be living through a pandemic, and yet here we are on what feels like the one-millionth day of sheltering in place. However, during this time I have been able to spend more time with my three kids and my husband. It has been hard because we didn’t get to celebrate certain milestones with our family and close friends. For example, my oldest daughter was supposed to graduate from pre-K, but instead of an in-person event, we had to do a drive through the celebration at her school. We did get a chance to steal away and head to the beach for Father’s Day weekend.

While I look forward to the day when I can hug people again and move freely without anxiety, I do hope that I continue to be intentional with spending time with my little humans and my big human.

Steven Gregory

THE LIFE OF AN ATTORNEY HOBBY FARMER DURING A PANDEMIC This time of year, a green canopy filled with squirrels and birds envelops the office above my garage, which has functioned as my primary workspace for years. In the spring, the flutter of an Eastern Bluebird at a window interrupted me a couple of times a day. From the back windows I can watch for mail delivery to the house and observe neighbors walking their dogs or pushing strollers.

A “virtual office” arrangement for my law firm accepts mail, forwards calls and provides a conference room or office space for mediations, depositions and client meetings.

My solo practice has one employee: me. I don’t even have a legal assistant.

Transitioning to the COVID-19 era has paused in-person client meetings and mediations and forced me to subscribe to and learn to host on Zoom.

Otherwise, my everyday work life hasn’t changed much. Social isolation has compelled me and my wife to spend more frequent long weekends at our north Alabama farm. We’re even more isolated there, but we have books and a new fiber optic internet connection to keep us engaged and innumerable tasks to keep us busy. I’ve planted a small garden for the first time in years, taught myself to repair the screen panels around the back porch and gazebo and trimmed trees along the road and under power lines with a new electric chainsaw. Yes, as a solo lawyer and a hobby farmer, I’m a risk-taker, but not when it comes to a novel human virus.

FALL 2020

Jim Roberts

FLASHBACK TO PLEBE YEAR AT WEST POINT Coping with the coronavirus has been, for me, like Plebe Year at West Point, where your movements were highly regulated, you rarely left the barracks or academic areas, you ate the food they gave you and you developed a sense of humor that got you through all the harassment the upperclassmen dished out. But just when you think you had it bad, you can always find someone who had it worse.

I had a study partner in law school who was a pilot and shot down over Vietnam. Thinking back on his stories of five years in a POW camp made me grateful that we only had to follow the governor’s stay-athome proclamations to cope with the coronavirus.

So, like Plebe Year, it only makes sense to cope with our current difficulties with a sense of humor and the faith that these things, too, shall pass eventually. Best wishes to all, and prayers for our frontline medical folks and for those suffering from the disease.

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New judicial study: Birmingham women attorneys trail behind men in courtroom appearances

By Honorable Elisabeth A. French, Kimberly L. Bell, Maridi Huggins, Smriti Krishnan and Tina Lam When Justice Ruth Bader Ginsburg first enrolled in Harvard Law School, she was invited to a dinner by the Dean of the Law School.1 The dean asked Justice Ginsburg, along with the eight other women in her class, how she justified taking a seat at Harvard Law School from a qualified man.2 Well-aware of the ramifications of her answer, Justice Ginsburg dutifully answered “[m]y husband is a second-year law student, and it’s important for a woman to understand her husband’s work.”3 Her answer underscores how valuable her position was: in 1956, Harvard Law had nine women enrolled and 491 men. In fact, at Harvard Law, there were a total of 34 women students between 1953 and 1955.4 Sixty-one years later in December 2016, there were 55,766 female law students enrolled at accredited law schools compared to 55,059 male law students.5 Change has certainly happened within the classrooms since the 1950s, but that difference has not corresponded to equivalent change in the profession. In 1970, female attorneys made up 4% of the profession, and in 2019, women comprised 38% of lawyers.6 In 2016, the Commercial and Federal Litigation Section’s Task Force on Women’s Initiatives of the New York State Bar Association (NYSBA) performed a groundbreaking, first-ever observational study (New York Study) “to ascertain whether there was, in fact, a disparity in the number of female attorneys versus male attorneys who appear in speaking roles in federal and state courts throughout New York.”7 The NYSBA task force devised and distributed a survey to state and federal judges throughout New York and then compiled the survey results. Published in 2017, the survey

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French

Bell

results found a clear disparity and gender imbalance in the courtroom. Specifically, only approximately 25% female attorneys appeared in commercial and criminal cases, 24% in lead counsel roles and 27.6% in additional counsel roles.8 Upon reviewing the results of this study, in 2018 the Birmingham Bar Association’s Women Lawyers Section (WLS) established its own task force to launch a study to determine whether there was a similar disparity in the courtrooms here.

The Birmingham study, known as the “Women Lawyers Section Observational Tracking Project” (Birmingham Tracking Project) involved tracking female and minority attorney contributions in the courtroom for a four-month period (August through November 2018).9 Twelve judges participated in the Birmingham Tracking Project: four from the Jefferson County, Alabama Circuit Court – Civil Division10 and eight from the United States District Court for the Northern District of Alabama.11 Similar to the New York Study, each judge was given a questionnaire, designed to be an observational study, and was asked to record the gender and race of the attorneys who took the lead, secondary, and nonspeaking roles in all matters in their courtrooms over the four-month period.

Upon the conclusion of the four-month period, the Birmingham WLS task force collected the forms and analyzed the data. More

Huggins

Lam

than 1,100 questionnaires were completed, compared to the 2,800 responses in the New York Study.12

PROJECT’S FINDINGS

Overall, the Birmingham Tracking Project revealed women attorneys made court appearances as lead counsel on average a paltry 21% of the time versus men, who appeared 72% of the time.13 Digging deeper into the numbers, female court appearances as lead counsel decreases from 23.05% for basic status conferences to 19.5% for motion practice to approximately 16% for trials. Of course, that corresponds to male attorneys seeing the opposite, increasing trend as lead counsel.

Specifically, male lead attorneys appeared approximately 71% of the time for both basic status conferences and motion practice, but increased to nearly 78% for trials.

Comparing the results from the Birmingham Tracking Project to the New York Study, female attorneys in New York appear in court as lead counsel approximately 4% more frequently than their counterparts in Alabama. Interestingly, the NYSBA conducted the same study again this year to see if there had been any improvements in female attorney court appearances since the last study three years ago.14 In short, the answer was substantially no. The NYSBA found women lead counsel appearances only increased by approximately 1.4%.15 The New York Study from 2016 also

BIRMINGHAM BAR BULLETIN

revealed females were lead counsel for private parties barely 20% of the time but were twice as likely to appear as lead counsel for public sector clients.16 Three years later when the NYSBA conducted the study again, these statistics remained the same.17 However, the Birmingham Tracking Project’s results did not show this same trend.

Rather, the public/private counsel statistics were consistent with the overall rates of appearances of women and men as lead counsel in court. Specifically, in the private sector, women appeared approximately 20% of the time. Women attorneys appeared on behalf of public sector clients on approximately 22% of occasions. This is somewhat surprising since, as of May 2020, in the Federal Public Defender’s office covering the Northern District of Alabama, there were 14 attorneys total with a 50/50 split of female and male attorneys.18 However, this may be explained by the fact that the Criminal Justice Attorney (CJA) panel is heavily male dominated with only four women attorneys out of a panel of 28 total lawyers.

The Honorable Shira Scheindlin, retired judge of the United States District Court for the Southern District of New York, who worked on the New York Study task force, stated, “The point of our study [and the Birmingham one] is to shine a light on a problem. We firmly believe that without metrics to back up what we suspect is the case, the issue will not be front and center for key players including law firms, in-house legal departments and the judiciary. By gathering these statistics, we are making the case that much more must be done before there is real gender parity in the legal profession.”

NEXT STEPS

The lack of opportunities for women in the courtroom translates into fewer promotions

FALL 2020

later on in their careers. For example, consistent with the results from the New York Study and the Birmingham Tracking Project, a 2019 Survey Report on the Promotion and Retention of Women in Law Firms by the National Association of Women Lawyers showed women comprise approximately 20% of all equity partners despite the fact that 47% of associates are female.19 Similarly, women only account for 20-25% of governance and compensation committee members, office-level managing partners, and practice group leaders. Moreover, females are largely unrepresented as firm managing partners.20 In conclusion, the Birmingham Tracking Project shows that, despite the increasing enrollment of females in law schools across the nation, female attorney roles in Northern Alabama, courtrooms remain limited. As the New York Study’s report stated, “The first step in correcting a problem is to identify it.”21 That is what the Birmingham Tracking Project has demonstrated: there is a problem, namely that more women should be appearing in the courtroom.

While the exact reasons for this diminished capacity in courtrooms is unknown, the WLS is committed to changing gender courtroom dynamics. The next step in correcting this problem is to put forward solutions, and the last step is for those solutions to be implemented. The WLS intends to work toward solving this problem in its future endeavors.

1920s to the 1970s: What Can We Learn From Their Experience About Law and Social Change?, 61 Maine Law Review 1, 25 (2017).

Elizabeth Olson, Women Make Up Majority of U.S. Law Students for First Time, The New York Times (Dec. 16, 2016), https://www.nytimes. com/2016/12/16/business/dealbook/women-majority-of-us-law-students-first-time.html.

5

Id. at 15; American Bar Association - Commission on Women in the Profession, A Current Glance at Women in the Law 2019, https:// www.americanbar.org/content/dam/aba/administrative/women/current_glance_2019.pdf.

6

7 New York Bar Association, Commercial and Federal Litigation Section’s Task Force on Women’s Initiatives, If Not Now, When? Achieving Equality for Women Attorneys in the Courtroom and in ADR (2017), available at https://nysba.org/app/uploads/2017/08/Com-Fed-WomenInitiatives-Report-Amended-1.pdf (last visited June 16, 2020).

See id.; see also Corinne Ramey, Fewer Woman Lawyers Have Top Courtroom Roles in New York, The Wall Street Journal (August 6, 2017), available at https://www.wsj.com/articles/fewer-woman-lawyershave-top-courtroom-roles-in-new-york-1502049664 (last visited June 16, 2020); see also, Hon. Shira A. Scheindlin, Female Lawyers Can Talk, Too, The New York Times (August 8, 2017), available at https:// www.nytimes.com/2017/08/08/opinion/female-lawyers-women-judges. html (last visited June 16, 2020).

8

9 The Birmingham Tracking Project, unlike the New York Study, also collected race data. This article focuses on the gender data; however, an analysis of the race related data and a related article will be published in the near future.

10 According to the Alabama Bar, as of July 6, 2020, there are approximately 5,534 attorneys in Jefferson County with males comprising approximately 66% and females approximately 34%. In the 31 counties in the United States District Court – Northern Division, there are 9,695 attorneys and the breakdown between male and female attorney mirror Jefferson County with 66% males and 34% females.

11 This study would not have been successful without the help and participation of the following judges and their court staff: Honorable Pat Ballard, Honorable Karon Bowdre, Honorable Staci Cornelius, Honorable John England III, Honorable Elisabeth French, Honorable Madeline Haikala, Honorable Jim Hughey III, Honorable Herman Johnson, Jr., Honorable Abdul Kallon, Honorable John Ott, Honorable Javan Patton, and Honorable C. Lynwood Smith, Jr. The participation of the judges and their court staff was remarkable, especially considering their various court caseloads and duties. They went above and beyond to provide this data. We are truly thankful for the support we received.

12

Scheindlin, supra.

Pro se and unknown individuals accounted for approximately 7% of court appearances.

13

14 Hon. Shira A. Scheindlin, Women Still Lag in Courtroom Talk. Here’s Why (May 28, 2020), available at https://www.law.com/newyorklawjournal/2020/05/28/women-still-lag-in-courtroom-talk-hereswhy/ (last visited June 15, 2020); see also Susan DeSantis, Gender Disparity in New York Courtrooms Persists Three Years After Landmark State Bar Association Report Decrying Inequity (May 28, 2020), available at https://nysba.org/gender-disparity-in-new-york-courtrooms-persists-three-years-after-landmark-state-bar-association-report-decrying-inequity/.

15

See id.

16

Scheindlin, Female Lawyers Can Talk, Too, supra.

17

Scheindlin, Women Still Lag in Courtroom Talk. Here’s Why, supra.

The state court judiciary system in Jefferson County is unique compared to other jurisdictions in Alabama. Specifically, the civil and criminal courts are divided into separate divisions. In this study, no state court criminal data was collected. Unlike the state court in Jefferson County, the judges in the United States District Court for the Northern District of Alabama preside over both civil and criminal matters.

18

Interview by Philip Galanes with Ruth Bader Ginsburg, Supreme Court Justice, and Gloria Steinem, Founder, Ms. Magazine, in Washington, D.C. (Nov. 14, 2015), available at https://www.nytimes.com/2015/11/15/ fashion/ruth-bader-ginsburg-and-gloria-steinem-on-the-unending-fight-forwomens-rights.html.

1

19 Destiny Peery, 2019 Survey Report on the Promotion and Retention of Women in Law Firms (2020), available at https://www.nawl.org/page/ nawl-survey (last visited June 22, 2020).

2

Id.

3

Id.

20

Id.

4

Cynthia Grant Bowman, Women in the Legal Profession from the

21

New York Bar Association, supra, at 18.

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FRESHWATER LAND TRUST RECOGNIZES BIRMINGHAM BAR ASSOCIATION MEMBER

JERRY K .

LANNING

FOR HIS OUTSTANDING PRO BONO WORK

THANK YOU FOR DONATING 1,000 ,000 IN PRO BONO SERVICE HOURS "Since Freshwater Land Trust’s inception in 1996, Jerome 'Jerry' K. Lanning has been a fundamental pillar of the organi,ation . Jerry currently serves as Freshwater Land Trust’s Vice President and General Counsel , and, as such, he provides exceptional legal expertise on complicated real estate transactions and nonprofit operations . He has expertly advised the three Executive Directors , and he works closely with our conservation , ac!uisitions , stewardship , and Red Rock Trail staff for an average time dedication of 40-60 hours a month .

Jerry recently reached a milestone when he surpassed one million dollars in pro bono legal work for the organi,ation . On May 6th, Freshwater Land Trust’s Board of Directors passed a Resolution of Appreciation honoring Jerry and recogni,ing this achievement . Jerry’s sustained dedication to Freshwater Land Trust over the past 24 years has contributed tremendously to the overall growth and success of the organi,ation . Simply stated , Freshwater Land Trust would not be where it is today without Jerry, and we are eternally grateful for all he has done for us."

Rusha Smith, Freshwater Land Trust Executive Director

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BIRMINGHAM BAR BULLETIN

Practical tips for taking a virtual deposition

By John D. Saxon A global pandemic has changed our world. As this article goes to press, nearly 5.5 million Americans have tested positive for COVID-19. More than 170,000 Americans have died from the disease.1 We are learning to shelter at home, work from home, educate our kids from home. We wash our hands, socially distance and wear masks.

In a COVID-19 world, where people sheltering or working from home are making in-person proceedings at best, impossible, or, at worst, unsafe, staff meetings are being conducted

by Zoom2, job interviews and board meetings are taking place remotely. Even “virtual cocktail parties” are becoming common place. Likewise, to continue to move cases and conduct discovery, remote depositions are upon us. Courts are conducting virtual hearings, and in Texas, there has even been one virtual jury trial.3 There are, of course, advantages to virtual depositions.

You can depose witnesses who are out of state and unable to travel, or you can conduct a virtual deposition as a means of decreasing the expense of litigation (avoiding travel expense and travel time). Via the mechanism of live video, a virtual deposition provides a real-time link which, if not in person, is at least face-to-face.4 If the world is changing — and it is — and we are going to be deposing by Zoom — and we are — we need to do it right.

This article offers some practical

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suggestions that will help ensure a positive result.

1. Contact your court reporting firm first: Before proceeding any further, assuming you regularly take depositions, contact Saxon your regular court reporting firm. It may have suggestions for virtual depositions, checklists, even a webinar you can take. After familiarizing yourself with Zoom (or other video-conferencing platforms), and following the advice below regarding internet speed, camera angle, lighting, etc., you may want to ask if your court reporting firm would permit you to conduct a test or a demo virtual deposition. Many court reporting firms provide such services.

2. Get Familiar with Zoom: First, and most obviously, you must download Zoom software to your computer, laptop, tablet or smartphone. Through Zoom, you can schedule, host and record video meetings, or simply “leave the driving” to your court reporting firm.

Most people are by now familiar with Zoom due to the number of Zoom staff meetings, board meetings, religious services or on-line instruction, which have resulted in many people becoming regular Zoom users.

It is important to know your basic features such as muting/ unmuting your microphone, gallery view versus speaker view, joining audio/joining video, stopping video, checking the number

of participants and recording.

It is not only important that you know each of these things, but with multiple people in multiple locations on numerous devices, it is important that every participant understand how to use the Zoom platform, make the necessary connections, mute and unmute, etc.

Before the deposition begins, double check that you have your Zoom link and any password.

You can find online “Zoom 101” webinars which will familiarize you with the Zoom platform and how to conduct or participate in a Zoom meeting or deposition.5 3. Check your internet speed: Zoom is a web-video service that requires an internet connection in order to “visually broadcast” each participant to all attendees, be it a meeting or a deposition. Thus, you need optimal connections in all locations to help ensure that there are no service interruptions. Poor internet connections can result in lag, buffering and frozen images.

All you basically need is a computer6 with a webcam and speakers and standard highspeed internet. An ethernet connection is not essential but is generally more reliable than WiFi. Regarding your internet speed, internet service providers are facing increasing bandwidth demand as more people are working from home or staying home using their available

streaming services. This can affect the quality of your deposition, cause delays or cause the deposition to be postponed if your internet speed is inadequate. As most readers know, the main unit for computer data rate is the bit per second (bps).

Zoom can work on as low as 600 Kbps (kilobits per second), but your connection will be better if your internet speed is at least 1.5 Mbps (megabits per second). If you have a problem with internet speed, your options include upgrading your modem or scheduling the remote deposition when bandwidth demand is reduced. One can readily find online numerous suggestions for increasing your internet speed.

Hardwired vs. WiFi: WiFi is easier to interrupt than a hardwired connection, especially if you are taking a deposition from home and other family members are checking email, shopping online, playing video games, streaming movies or even in virtual classes before returning to in-class teaching. A wired connection offers more consistent speed, less buffering and better sound quality. If you can connect your computer to your router by an ethernet cable, you can avoid some of the WiFi problems. You can check your internet speed on sites such as speedtest.net.

4. Camera angle: The best camera angle is head-on and at eye level. You should want the deponent, opposing counsel and court reporter to all view your image straight on, neither looking down on you or, heaven forbid, up your nose. A simple way to ensure a head-on shot is

BIRMINGHAM BAR BULLETIN

Understand the basic features of Zoom, such as muting/unmuting your microphone, gallery view versus speaker view and recording. Photo by MetroCreative. to set your laptop on a stack of law books, or if at home, three or four of your kids’ “Harry Potter” books will do! Before beginning, ask your videographer how he or she is framing the deponent.

If you don’t like something you see, you can request that the videographer alter the framing.

5. Lighting: A virtual deposition is a video deposition, so lighting is important. If there is a window in your room, place your laptop facing the window.

If the light source is behind you, your image could be dark and other participants, particularly the court reporter, will not be able to see you well.

The color hue of light bulbs can also affect your appearance.

It may be worth experimenting to see your image at maximum advantage.

Sitting in front of windows for any period of time means the light can change over the course of the deposition, which can affect camera brightness.

In addition, sitting in front of windows can lead to distractions from passing vehicles, trees swaying in the wind or people cycling, jogging, strolling babies or walking dogs.

6. Audio quality: If you are

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equipped with a laptop with a mic and speakers, you may think you are ready for your virtual deposition. While noise canceling technology in computers is better than it was in earlier years, if you believe you will be taking more than the occasional Zoom deposition, you may want to consider using a headset.

It cuts down on echoing from others on the call, which creates problems for both the deponent you are questioning and the court reporter who needs to hear and take down your every word. A headset ensures the best possible audio.

If you do not use a headset, you may want to consider a lapel mic, which you can plug into your computer. It will amplify your voice to better permit the court reporter to capture your questions or objections.

If audio quality becomes a problem, you can use your telephone for the deposition. Your court reporting firm should offer a dial-in number; dialing in by phone produces the best audio.

Finally, whether you are taking the deposition or putting up the witness, you should keep your mic on at all times. If you mute yourself (for example, you

are putting up the deponent), you may not be able to unmute in order to state an objection on the record before your client has blurted out the answer. One way to solve that problem is to keep a finger near your space bar. If you depress your space bar and hold it down, it unmutes your microphone as long as you are holding it down. Release the space bar and it goes back on mute.

7. Update your deposition notice: Make sure you update your notice language as to the method of recording that it will be via remote video conference.

State and federal rules of civil procedure, while similar or identical in many respects, vary regarding remote depositions.

Alabama Rules of Civil Procedure, Rule 30 (“Depositions Upon Oral Examination”), is silent as to remote depositions.

The Federal Rules of Civil Procedure, however, address remote depositions. Generally, Fed.R. Civ.P. 30(b)(3)(A), Method of Recording, provides, “The party who notices the deposition must state in the notice the method for recording the deposition.

Unless the court orders otherwise, testimony may be recorded by audio, audio-visual or

stenographic means.” Rule 30(b) (4), By Remote Means, provides “The parties may stipulate — or the court may on motion order — that a deposition be taken by telephone or other remote means for the purpose of this rule and Rules 28(a), 37(a)(3), and 37 (b) (1). The deposition takes place where the deponent answers the questions.” There is no companion state court rule expressly addressing remote means of a deposition.

Additional language and stipulations that I have begun adding to my Zoom deposition notices are as follows: “The deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Federal Rules of Civil Procedure. In accordance with Fed.R.Civ.P. 30(b)(4), and in light of the current COVID19 pandemic, the parties have stipulated that this deposition will be taken remotely by video conference and that the oath will be administered remotely by video conference. The deponent, deponent’s counsel, Plaintiff’s counsel, Defendant’s counsel, the court reporter and the videographer will each separately appear by video from various, separate locations and their statements will be audible to all participants. Pursuant to Fed.R. Civ.P. 28 and 30, the deposition will be conducted before a Court Reporter, Notary Public or any other Notary Public or officer authorized by law to take depositions in the State of Alabama, will be taken stenographically and will be recorded by audio and videotape as well as by instant visual display of the testimony. The court reporter will report the deposition from a location separate from the witness and will administer the oath to the witness remotely.

[Insert court reporting firm’s name] will be providing all parties involved with an email

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containing an internet link that will allow them to download and install applicable video conferencing software prior to the deposition. Each party involved will then be able to use its own respective personal computer or other device (with webcam component) to participate in the video conferenced deposition from his, her or its respective homes or offices. Under Fed.R. Civ.P. 30(b)(4), 28 (a), 37 (a)(2), and 37(b)(1), the deposition will be deemed to take place where the deponent answers the questions. The oral examination will continue from day to day until completed.”

Also, given that we put a time and place in our deposition notices, make sure to check the time zones of all participants.

Given that a participant, particularly the deponent, no longer has to be physically present in your conference room during the deposition, if he or she is in a different time zone, make sure that is known by all concerned.

8. Contact opposing counsel: Speak with opposing counsel in advance of your virtual deposition. Let them know it will involve a video platform, who will be the host, when and from whom they will receive a link, and what, if any, constraints or different conditions will apply.

Such a call and ensuing discussion may avoid motion practice and opposing counsel’s response may give rise to language you could include in your notice to lessen the likelihood of pushback. At a minimum, if, for some reason, the court gets involved, doing this may help.

9. Assume you will not start on time: To begin, you, opposing counsel, the deponent and the court reporter (at a minimum) must all be ready.

In my experience, no deposition started until at least 20 minutes after the scheduled start time because someone did not have the link, the password,

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Make sure your cellphone is nearby and that you have the number of your court reporter and opposing counsel. You may need to text them during the deposition (or vice versa). Photo by MetroCreative. didn’t know how to connect to audio or video, had never used Zoom or had some other problem.

If time is a critical factor (not usually, but sometimes), then, like a good Boy Scout: Be Prepared. Occasionally, you will be told, “Mr. X is a busy man, the company’s CFO. He can give you two hours on the 14th, from 2-4 p.m.” Well, then. Time is a factor. Get moving.

10. Speech: In a virtual deposition, you should speak more slowly than you would in a face-to-face deposition. Slower speech allows for better audio quality. The deponent, opposing counsel and, most importantly, the court reporter, will miss fewer words. Don’t be afraid to tell the deponent and/or opposing counsel to slow down if need be.

If you raise your voice, interrupt, speak over others — all of which happen with regularity in a deposition — Zoom may lose a word or two. It creates a challenge for the court reporter to accurately capture what is being said more so than in-person depositions, for which reason you need to speak slowly, clearly and not over each other.

11. Body language/non-verbal communication: Remember that the viewer can see your every move: eating, drinking, scratching, yawning and

fidgeting. While these acts can be observed in a face-to-face deposition, there is a tendency sometimes when we are not face-to-face to be less self-conscious and forget that someone is watching every time we scratch our nose or rub our eyes.

Make sure you sit erect. Your posture is important, and leaning over changes the light in your image. Further, when you look down, it appears as if you are disengaging.

If you move about, you run the risk that your image will pixelate on the screen and possibly disappear. (I was recently in a Zoom meeting where our host moved around and his ears disappeared!)

If it isn’t clear by now, Zoom as a deposition format requires somewhat different skills than an in-person deposition.

12. Attire/appearance: A Zoom deposition is not a phone call, nor is it a “virtual happy hour,” the latest COVID-19 phenomenon. As a lawyer, you know to dress appropriately for a deposition. A virtual deposition is no different. Make sure your client also knows to dress for a virtual deposition just as he or she would for an in-person deposition.

Avoid wearing a shirt or blouse that matches your skin color. For example, for a

Caucasian lawyer, a pale color blouse could blend her face into her clothes. Clothing should be plain, with no patterns, and solid colors are generally best.

13. Beware the two laptop feedback: If there are two laptops in the same location (opposing counsel’s conference room, for example, one for the deponent, one for his counsel) there may be feedback. If there is feedback, you may have to re-ask certain questions to make sure you and the court reporter properly heard the answer.

“I’m sorry, Mr. Smith. Did you say you told Ms. Jones she could, or could not, wear her special shoes as an accommodation for her foot problem?”

Because of the possibility of feedback, and, as a result, a garbled or incorrect transcript, it may be wise to reference that in your introductory ground rules (the language in bold has been added to what I normally say to the deponent in the beginning).

“During the course of this deposition I’m going to be asking you a series of questions.

If I ask you a question you do not understand or, if for any reason, technical or otherwise, you do not hear my question, I want you to stop me and I will rephrase or re-ask, the question. Can we agree on that? And likewise, if you don’t do that, I will assume you heard and understood my question. Fair enough?”

14. Beware the disappearing lawyer (or the deponent who looks away): If opposing counsel’s face suddenly disappears from her screen, she could be picking up the pen she dropped, or she might just be handing her client a coaching note. Be prepared to deal with it accordingly.

Also said, at the outset: “And I assume you understand, Mr. Smith, your lawyer cannot coach you during the deposition, and by coach I mean your attorney cannot lean over

BIRMINGHAM BAR BULLETIN

and whisper the answer in your ear, nor can your attorney pass you a note to help you answer my question. That would be improper. You know that, correct?”

Also beware if the deponent keeps looking away. He might be looking at notes, or signals, from his counsel. Be prepared to ask: “Mr. Smith, you keep looking away, to your left. Is your attorney giving you signals, or answers? You know that is improper.”

15. Check in on your court reporter: When I take a deposition, I concentrate on the deponent — watching his or her body language, nervous habits, non-verbal cues, interaction with opposing counsel. I’m not looking at the court reporter.

In a Zoom deposition, you need to periodically look at the box with your court reporter’s image. In one recent Zoom deposition, I didn’t see her waving her hands to get my attention to tell me to stop because she had lost audio and couldn’t hear me or the deponent. Someone else on the screen told me he thought the court reporter was trying to get my attention. I looked up and she was mouthing the words “I can’t hear you.” I wrote her a note on a notepad to tell her to “Leave Meeting” and then rejoin. When she rejoined, I asked what was the last question she took down. She had missed several minutes of questions and answers! Of course, I recovered previously plowed ground.

You may want to use your record function to have your own recording of the deposition.

Know where your record feature is on your screen.

16. Use of documents/ exhibits: Identify/mark all documents well in advance of the deposition, then scan/email to the court reporter, opposing counsel, and — if possible — the deponent. This approach, while essential for a virtual deposition,

FALL 2020

limits your use of exhibits you had not intended to use. How many of us, based on an answer we received, have retrieved a document, made copies during a break and marked an exhibit we were not planning on using?

Ascertain ahead of time from opposing counsel that the deponent will have a hard copy of each exhibit in front of him/ her. Your court reporter can put a copy on a split screen, but there are practical and technical problems with that approach.

If you plan on projecting images on a television screen you will need an HDMI cable to connect the two devices.

17. Have your mobile phone handy: Make sure your cellphone is nearby and that you have the cell number of your court reporter and opposing counsel. You may need to text them during the deposition (or vice versa).

Court reporter: “Mr. Saxon: I’ve lost audio. I can’t hear you.”

Saxon: “Click on Leave Meeting, then re-join.”

Of course, you will need to leave your mobile device on silent and disable incoming calls and text messages.

18. Use your breaks differently: Use your breaks during the deposition to check with your court reporter regarding both audio and video matters, documents, and the like.

19. Have a clean, work-appropriate background behind you: Everyone will be looking at your face on the screen. Your background should not be distracting or compete for attention.

Given the possible audio problems, you should be located in the quietest place in your office or home. (Cut off those ceiling fans!) And it goes without saying, if you are deposing from home, keep your young children and dogs away.

“Zoom” depositions are here to stay. They are no substitute

for in-person depositions, but they may be about to become the “new normal.”7 If you remember and implement these practical tips, however, you may be able to avoid Zoom depo disaster!

COVID-19 Dashboard by the Center for Systems Science and Engineering (CSSE) at Johns Hopkins University (https://www.medpagetoday.com/infectiousdisease/publichealth/84698, last accessed at 3:30 p.m. CT on 8/17/20).

1

2 Zoom Video Communications, Inc. is an American communications technology company founded in 2011 and headquartered in San Jose, California. It provides videotelephony and online chat services through a peer-to-peer cloud-based software platform and is used for teleconferencing, telecommuting, distance education, and social relations. As Zoom describes itself: “We provide a video-first communications platform that delivers happiness and fundamentally changes how people interact. We connect people through frictionless video, phone, chat, and content sharing and enable face-to-face video experiences for thousands of people in a single meeting across disparate devices and locations. Our cloud-native platform delivers reliable, high-quality video and voice that is easy to use, manage, and deploy; ...

The cornerstone of our platform is Zoom meetings, around which we provide a full suite of products and features designed to give users an easy, reliable, and innovative video-first communications experience.

Users are comprised of both hosts who organize video meetings and the individual attendees who participate in those video meetings.” Zoom Video Communications, Inc., FORM 10-K, U.S. Securities & Exchange Commission, SEC Filing 10-K Annual Report for the Fiscal Year ending January 31, 2020, at 4.

3

In Collin County, Texas, on May 18, 2020, the

nation saw its first virtual jury trial. The jurors heard testimony from their homes. The insurance dispute was presided over by Collin County District Court Senior Judge Keith Dean. Presiding Judge Emily Miskel of Texas’ 470th District Court also participated, to monitor and support the IT functions of the trial. “Texas Court Holds First Jury Trial Via Zoom In Insurance Feud” (https.//www.injurylawyerhouston. com/blog/2020/05).

4 There may well be pressure from insurance companies or corporate clients for attorneys to conduct virtual depositions as a way of keeping down litigation costs.

5 You can investigate Zoom’s own webinars at webinars@zoom.us.

6 If you use a device other than a hardwired computer, make sure before the deposition starts that it is fully charged. It would be wise to have your device connected to a power source during the deposition.

A dead laptop battery during a deposition could be a catastrophe.

7 At least one federal district judge has held that there is no right to an in-person deposition during a pandemic. In David A. Joffe v. King & Spalding, LLP, 1:17-cv-03392, U.S.D.C., S.D. NY, Judge Valerie Caproni denied the motion of the Plaintiff, a former King & Spalding associate, to reconsider her order denying his motion to physically depose former colleagues Meredith Moss and David Fine, holding it would constitute an undue burden to force the attorneys to appear for in-person depositions. “[T]he court sees no reason to increase the danger to the health of the non-party witnesses by requiring in-person depositions and rejects this latest tomfoolery.” Memorandum Opinion and Order, 6/24/20. at 1. Joffe had filed suit against his former employer, claiming the firm retaliated against him for raising ethical concerns about a senior King & Spalding attorney. Id. at 2. Caproni ordered remote depositions, writing that in-person depositions are too dangerous during the COVID-19 pandemic because the deponents would have to travel across state lines, congregate for several hours in a confined space, and then disperse back to their homes.

Id. at 12. Physical depositions are too risky, she wrote, “during these extraordinary times.” Id. at 14-15.

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VLB announces new executive director Graham Hewitt, integral to the Volunteer Lawyers Birmingham team since 2014, receives unanimous confirmation for the lead position Following a nationwide search of candidates, the Volunteer Lawyers Birmingham (VLB) Board of Directors has named Graham Hewitt as the organization’s new Executive Director.

Hewitt took over as Interim Executive Director in November 2019, and the board voted unanimously to confirm him for the lead position in July.

“We all very much appreciate Graham’s excellent performance as Interim Director and are very pleased that he will assume the permanent role,” said Board President Patrick Darby, adding that Graham has done an exemplary job of leading VLB through the challenges of providing uninterrupted service to clients when the COVID-19 pandemic hit our community. “In addition to confirming his leadership and professionalism, Graham has demonstrated unwavering commitment to the program’s mission of providing access to justice for those who otherwise could not afford it.”

Graham grew up in Birmingham, earned his Bachelor of Arts in philosophy from Sewanee and his Juris Doctor from Cumberland School of Law. Prior to joining VLB in 2014, he worked for a children’s advocacy group as part of the Health Action Partnership and developed an online resource database for low-income citizens.

“I am honored to lead Volunteer Lawyers Birmingham and look forward to continuing our mission of helping our low-income community with the support of our amazing staff, board, donors and volunteers,” Graham said.

Graham Hewitt

Check Out VLB’s Virtual Volunteer Opportunities!

Of the many important ways to support those struggling during the COVID-19 pandemic, there is one way you may be uniquely qualified to serve: as a virtual attorney volunteer.

While our in-person Help Desks are suspended for the safety of our clients and volunteers, you can help clients by phone during our virtual Civil Help Desk, held every Tuesday and Thursday 9 a.m. to 1 p.m., or Domestic Relations Help Desk, held Wednesdays 9 a.m. to 1 p.m. (You will only be assigned one or two clients per Help Desk engagement.) To volunteer, email Michelle Horn Brown: mbrown@vlbham.org or call 205.250.5198, ext. 11.

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BIRMINGHAM BAR BULLETIN

Volunteers help VLB client restore financial stability When Tanya* called Volunteer Lawyers Birmingham, her struggle to make ends meet had reached a crisis point. A creditor had taken the aggressive step of garnishing her wages to collect on a debt. The move seemed especially harsh given that, as a grocery store employee, Tanya puts herself in front of the public every day amid the ongoing COVID-19 pandemic. Now her takehome pay was substantially diminished.

“I could have tried to pay the creditor $125 a month,” Tanya said, “but they were getting $140 every week out of my paycheck.”

Balch attorney Gabe Quistorff first spoke with Tanya while volunteering during a VLB Virtual Help Desk and helped her file for exemption for garnishment. When the plaintiff objected, Gabe’s colleague at Balch, Jonathan Hoffman, agreed to represent Tanya in a virtual hearing. He persuaded the opposing counsel to release the garnishment and return all funds already withheld.

With more hearings being held virtually due to the pandemic, attorney volunteers

to figure out a computer glitch.

“Despite the sensation that there’s too much going on and too much to balance right now,” Hoffman adds, “incorporating this into my practice was just as seamless and as fulfilling as any other pro bono case I’ve taken.”

Adds Quistorff, who worked with the client on the initial filing: “At the end of the day, the practice of law is about helping people.

This client’s needs were relatively simple, Hoffman Quistorff but acute. Her case was a winner — she just willing to represent VLB clients in this way needed a lawyer. Over the course of an hour I provide an invaluable service. Hoffman said was able to set her on the path to resolution of in his experience, the transition to serving her legal problem. I was happy for the opporclients remotely has been relatively seamless. tunity to help her in a way that was direct, “In some ways, I think that the virimmediate, and impactful. That’s what keeps tual experience is easier,” he said. “Your me coming back to volunteer with VLB.” last-minute preparation can be focused Tanya said she appreciated the attorneys’ entirely on the issue at hand without any of work to help her get back on more stable the rundown on copies of exhibits, personal financial ground. “I kept hoping there was a notes, etc. It’s all on your computer, so you better way, and it turned out there was,” she says. “I am so grateful for what you guys do.” can access it in the minute. And I’ve yet to *The client’s name is changed to protect see a judge, deponent, opposing counsel, her privacy. etc., who pushes back on taking some time

Diana S. Knight, CPA, CVA Jeff W. Maze, CPA, MA Mary Lou Rutherford, CPA, CBA, MBA

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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. 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 in future attorneys: ► In memory of Wallace Barry Alvis ○ Robin L. Burrell ► In memory of Richard W. Bell ○ Robin L. Burrell ○ Massey, Stotser & Nichols, PC ► In memory of The Honorable Joseph L. Boohaker ○ Birmingham Bar Association Staff ○ Roy J. Brown ○ Robin L. Burrell ○ Cochrun & Seals LLC ○ The Honorable James F. Hughey III ○ The Honorable Tom King Jr. ○ Lewis & Feldman LLC ○ Massey, Stotser & Nichols, PC ○ The Honorable Laura Petro ○ Jerry W. Powell ○ Vowell & Associates LLC ○ Leila H. Watson ○ The Honorable Thomas A. Woodall ► In memory of Robert Henry Bowron Jr. ○ Jerry W. Powell ► In memory of Lewis Mack Carmichael ○ Birmingham Bar Association Staff ○ Robin L. Burrell ○ George M. Neal Jr. ► In memory of Robbie S. Barksdale Carnes ○ Robin L. Burrell ► In memory of Loretha Matt Chappell ○ Robin L. Burrell ► In memory of James Timothy Coyle ○ Jerry W. Powell ► In memory of Nancy J. Dunn ○ Robin L. Burrell

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► In memory of Daniel T. “Ted” Hull ○ Jerry W. Powell

► In memory of The Honorable Gerald S. Topazi Sr. ○ Lewis & Feldman LLC ○ Massey, Stotser & Nichols, PC ○ Jerry W. Powell ○ Leila H. Watson ○ The Honorable Thomas A. Woodall

► In memory of Wilbur “Edward” Lewis ○ Jerry W. Powell

► In memory of Charles Stephen Trimmier ○ Jerry W. Powell

► In memory of Jerry O. Lorant ○ Jerry W. Powell

► In memory of L. Stephen Wright Jr. ○ Robin L. Burrell ○ Massey, Stotser & Nichols, PC ○ Najjar Denaburg, PC

► In memory of Harlan Hobart Grooms Jr. ○ Charles Denaburg ○ Massey, Stotser & Nichols, PC ○ Jerry W. Powell

► In memory of William Hayes Mills ○ Jerry W. Powell ► In memory of Claude McCain “Mac” Moncus ○ Massey, Stotser & Nichols, PC ► In memory of R. Gordon Pate ○ Massey, Stotser & Nichols, PC ○ Leila H. Watson

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

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

FALL 2020

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Attorneys in the News The Honorable Brendette Brown Green and The Honorable David J. Hobdy Jr. were elected to leadership positions within The Judicial Council of the National Bar Green Association. Judge Green, who serves as the chair of the National Membership Committee and who serves on the CLE Committee, was elected Treasurer. Judge Hobdy, Hobdy Jr. who serves on the Membership and CLE Committees, was elected as Historian.

Bell

Kimberly Bell is pleased to announce the opening of her law firm, the Kimberly Bell Law Firm LLC, where she practices in the area of wills, trusts and estates.

Gaines Gault Hendrix, P.C. is pleased to announce that Michael J. Marable has joined the firm as an associate.

Bradley Arant Boult Cummings Marable announces that six of the firm’s attorneys have been appointed to new leadership roles with the American Bar Association Section of Litigation for the 2020-21 bar year: Dylan C. Black, Tiffany J. deGruy, Tiffany

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Graves, Robert Emmett Poundstone IV, Anne Marie Seibel and Ethan T. Tidmore.

Jay Bender, a partner with Bradley Arant Boult Cummings, has been presented with the Alabama Commendation Medal from the Alabama Army National Guard for Bender his work on drafting and helping to secure passage of the “Honoring American Veterans in Extreme Need Act of 2019.”

Balch & Bingham recognizes the addition of Craig D. Lawrence Jr. as a partner in the firm’s Real Estate Practice.

Lawrence

Killebrew

Neal Jr.

Baker Donelson has named Denise W. Killebrew, a shareholder with the firm, as co-chair of the firm’s Real Estate Group.

George M. “Jack” Neal Jr., a shareholder with Sirote & Permutt, was recently elected Chair of the Alabama State Bar Dispute Resolution Section for a oneyear term beginning July 1, 2020.

For the sixth consecutive year, Baker

Donelson has been certified by the Women in Law Empowerment Forum as a Gold Standard Firm.

West

Morris

Cabaniss, Johnston, Gardner, Dumas & O’Neal is pleased to announce that Hal West and George Morris have been elected to serve on the firm’s Management Committee.

Altmann

The Nomberg Law Firm is pleased to announce that Steven D. Altmann has joined the firm.

Steve will lead the firm’s bankruptcy and financial workout practice areas.

Dawkins

Balch & Bingham is pleased to announce James Dawkins as the newest addition to the firm’s Litigation and Intellectual Property Practices.

Berdy

The International Association of Defense Counsel (IADC) has elected Christopher S. Berdy, an attorney at Butler Snow, as a new member of the IADC Board

BIRMINGHAM BAR BULLETIN

of Directors for 2020-21. The IADC is the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests.

Baker Donelson has elected Scott S. Frederick to shareholder. Scott is a member of the firm’s Real Estate Group in Birmingham.

Frederick

Maddox

Robert Maddox, a partner with Bradley Arant Boult Cummings, has been accepted as a Fellow in the American College of Mortgage Attorneys.

Balch & Bingham welcomes Said Jabbour into the firm’s Mergers and Acquisitions Practice, further strengthening the firm’s M&A capabilities in general and in the oil & gas industry particularly.

Alabama State Bar:

Skinner

Harlan I. Prater IV, partner at Lightfoot, Franklin & White, was honored with the J. Anthony “Tony” McLain ProfessionalPrater IV ism Award, which recognizes outstanding, long-term and distinguished service in the advancement of professionalism by living members of the Alabama State Bar.

Jabbour

Bradley Arant Boult Cummings is pleased to announce that Ellene Glenn Winn has been inducted into the 2019 Alabama Lawyers Hall of Fame. A native of Clayton, Alabama, Winn Ellene became the first female partner at Bradley in 1957, when the firm was known as White, Bradley, Arant, All & Rose.

ASB AWARD WINNERS Congratulations to these Birmingham Bar Association members who were recently honored with an award from the

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Allison O’Neal Skinner, Deputy General Counsel for Cadence Bank, was presented with the Award of Merit, which recognizes outstanding constructive service to the legal profession in Alabama.

Haikala

The Judicial Award of Merit was presented to The Honorable Madeline Hughes Haikala, U.S. District Judge, Northern District of Alabama, for her significant contribution to the administration of justice in Alabama.

The Maud McLure Kelly Award, named for the first woman admitted to practice law in Alabama, was presented to Dowd Augusta S. Dowd, a shareholder, Vice President and Managing Lawyer with White, Arnold & Dowd, for being a pioneer and leader within the state and for her lasting impact on the legal profession.

BBA member Christy Crow, whose law firm Jinks, Crow & Dickson is based in

Union Springs, received the Susan Bevill Livingston Award for her continual commitment as a mentor, her sustained level of leadership throughout her career, and her Crow commitment to her community and the entire state.

Brown

Buck

Han

Hornsby

Maples

Terrell

The above Birmingham Bar members were honored with the Alabama State Bar President’s Award and were selected by the ASB President to recognize their exemplary service to the profession: Kitty Rogers Brown, White Arnold & Dowd, Brannon J. Buck, Badham & Buck, Susan N. Han, Nettles Han Law, Emily Hornsby, Morris Haynes, Marcus M. Maples, Baker Donelson, James M. “Jimbo” Terrell, Methvin Terrell.

BIRMINGHAM BAR BULLETIN

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Alex Tovar, CFP® Financial Advisor Office: 205-414-2140 Cell: 205-937-3732 Email: alex.tovar@wfadvisors.com

Suzanne Tovar Managing Director - Investments Office: 205-414-2141 Cell: 205-914-2944 Email: suzanne.tovar@wfadvisors.com

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NOW AVAILABLE Cushman & Wakefield’s 2020 National Legal Sector Benchmark Survey Results – Bright Insight.

COVID-19 has been a global shock and the focus is on recovery, rebuilding, and adoption of best practices to avoid a recurrence and to create safe work environments. Many say future changes are a long overdue legal sector market correction – while some believe that things for the most part will return to the way they were.

Regardless of your firm’s position, Bright Insight delivers facts and figures on potential trends and ideas on the effect on overall operations and business of law in general. Whether your firm is an Am Law 100 firm or a one-off boutique, the results of the survey will provide you with pertinent information and a solid foundation for effective business decision making.

Contact us today to receive a copy of Bright Insight.

205.939.4440 | EGSINC.COM

Legal Sector Advisory Group | ADVISING FOR EXCELLENCE

Right Now, Partnerships are More Important than Ever.

HARE WYNN has more than 130 years of experience and a team of more than 55 lawyers, legal professionals and investigators ready to serve you. By partnering with us, you won’t have to put a hold on other cases or miss out on quality time with your family. As your ally, we’ll bear the burden, and you’ll see the results. With us in your corner, you have everything to gain.

IF YOU’D LIKE TO PARTNER WITH US ON A CASE, GIVE US A CALL

855-359-6555 | REFERRAL@HWNN.COM PARTNERSHIPS THAT GET RESULTS

$40

Verdict – Wrongful Death

$2.8

Verdict – Corporate Fraud

MILLION

BILLION

$11

MILLION .

$310

MILLION

Settlement – Trucking Case

Verdict – Corporate Fraud

$217.7

Verdict – GMO Corn Contamination

$750

Settlement – GMO Rice Contamination

MILLION

MILLION

Our team has significant experience litigating both personal injury and complex cases.

We value our co-counsel relationships and have achieved these results and shared success by partnering with lawyers just like you. To us, it’s not about the size of the case, it’s about achieving justice for our clients and providing an exceptional experience along the way. Team up with us for a partnership that gets results.

$392 MILLION

$1.51

BILLION

Settlement – Whistleblower

Global Settlement – GMO Corn Contamination

BIRMINGHAM 2025 3rd Ave. N., Suite 800 Birmingham, AL 35203 D. Leon Ashford, Managing Partner

Past results are not an indication of future results. Each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, the testimony, and other factors. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

HWNN.COM

TIME AFTER TIME, BIRMINGHAM LAW FIRMS CHOOSE SOUTHPACE TO HANDLE THEIR COMMERCIAL REAL ESTATE NEEDS.

SHOULDN’T WE REPRESENT YOUR FIRM AS WELL? Principals John Lauriello, CCIM, SIOR, CPM William McDavid, CCIM Bryan Holt, CCIM, CRX, CLS 300 Richard Arrington Jr Blvd N Title Building | Suite 900 Birmingham, AL 35203 205.326.2222