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card H. SIIIW4r1, ~. BesIerner Cur-dt. a-ge M. lfooginboV\lm. 1l6IHrno,. I llh CfCUiI. Roberl L GOoce. FkIfInoI. 1211! ClrwI\. JoIe!lI! E. FI~ , Tto\I. 13Ih CiraIiI, ~ NO. " Wnlty pjpM. "k)bjIt, 13Wl CIreuiI. ~ No. 2, 9tIy C. 1IootoIt. Motlio. 13m ClrM. PIIc8 No 3. CIIn&t O'A ....., III, MobIle. 13th CIn;uk. PlIca NO~ , C. J. CoIN, Mable. I «11 CIr(:u~, PI!IIIp P. N6irIon, .J8ap1i1. 1!>1n ClrcuII, PlIca No. I, Rolle" [), Segd, MonIQOll1ltY. 15Ih 0rM,P.ace No. 2, WiUIdII [), DeYet,.u~ , MonIgomery, 15ih ClrwII. ~ /to. 3......... E. WillI ....... Montgomery. 1M! ClrcU!. Place No. • • ThomuJ. MeIiMn. ~y. 151h QrM. PIIC8 No. e, Otlvld R MOn\Q(Io'IIe'Y. 1&Ih Citeul\, Gtotoe J>, Fora, ~ 11\11 CltcrA 1Ir,4or T, F'IIry, .)f" ~ 18(11 CIn;oIt, Conr.a M. Fo-Met,Jr., ~. lOll! CIrcuh, John HaIIiII.ia<ban, J,., Clanton. 2i)IhCltcull, RuIw A. SmItII, .It., Ooti-.an. 2111Ckult. ChlrIeI R. GodwIn. AtmoN.22M 0rcuiI , EIIl V. JoIlnIon, AndiIIuIItI. 23td ClfCIIil, PIKe NO. I, DOntII So PrI. , H.."...... . 23td Circuli, PIKe No. 2. J>,lflcIc H. 0 ....... Jr.. H.......~, 2~1h CI<wIl. CNrIort A. ~ F.yetII. 2~ Cl<c:uII. OlIve< Ffldtric:l< WoOd, HllmillOn , 2$(11 CIteuiI, HOmIt W. eorntm, J, .. PhIn/lI CiI)'. 27ln CIf(;oit, ..bM C. Gulllharn, AlberMlkt 2IIIh CiraJ~ , E.E. Ba_, 88y Mlntlle, :rgu, Cin:IlII, R. BIIlI!e 1.IJ:Inby, 'IItIIIdIga. :)OIh CIn;:uiI, J. RobIr1 Benn.y. 0ne0ntII. 3111 Clta.lII, WllIIoom K. tWwItIt. Tu.cumbia. 32nd CIrcuit. Roy W. WlhmI. J'.• C~fIIIIIl. 33td CiIM ROberl H . ~. On,k, 3<i1h CitcuI!, ~II , AoQefl. J I.. ~, :)WI OfO.lll, ,I;WI II, Ba'''tIi, III , ~. 3eIn CltWI, CMe 1w\fIoom, MouIIon, ~7(11 ~ J. TI.m l1li"011, 0peWIu0. 38th CloaJ~ , Stephen M. KafltllllM" Scontbato. Qn:uII, Jamn M. CotdIr. J,.. Alheni. 40th CIn:uIL John K. JahnIon, RodIlotd AI~iNI"" UlO)'9f If publr.lltd ""'" ~m.1 • yw~' lor S20 JIll" yw~r In lilt un/tod SI,,,, I n(! ~~ ~r ywlI! o;.lIldG 111. United SIlII.. by liioi AIIb/lm. Sl(olll sa" o.tlcrer A......., MMtOOfNl'Y. At8Wtnrl ~I04 , Slnotl !taU'1 11I 18.00 101 l"- Jou'MI II'o(I $UI$OO lor In. (!It_y, ~ 1'0111111 PIId" Montgomery, AiJbII ...., ..-.cI ~ddollon1l nWllng off~. ..

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368 Alabama Medi .. lion & Arbitrat ion Training

392 Disciplinary Notice

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JJy Vic Lou

e often hear thai Ihe Alabama SllIIe Bar is irrelevant. or Ihal it is viewed in a negalive sense by many of our members because their only contllct hllllilens to be with our diJCiplinary sys· tem. Of course. di5Cipline. and the other regulatory (unctions which the bar pro· vides (admissions. Jl.1CLE). is one of our primary functions by law. but it is cer· tainly not the only reason thill the state bar exist$. In addition 10 our regulatory (unction. the state bar also provides a complete pnnoply of programs and reillted services to Us members. includIng Ihe Volunleer Lawyers Program. law office m':lI\agemenl assistance. insur· ance programs. AbPals. lawyer referral. etc. These programs are intended 10 assist our membership in setting up a success(ul1egal pnctice. insuring agolins! various professional ilnd personal risks. providing access 10 our le~1 system to all of the citi~en5 o( our slate. fostering alternatil'e dispute resolution and so on. and each of these programs is well slllf(ed and over5een by committees of dedicated VtlIUilleers throughout the state. I am confident Ihlll we have one or the top organized bar associations in the country. and I base this on the com· ments and converSltions which I have had with bar leaders from across this nation over the past couple of years at conferences of re8iona l and national bar presidents and bar executives. In fact. as often M not. "'I' art Ilmong the first stllte bars in the nalion 10 address criti· cal issues facing ollr profession nalionally. and many efforts by organized bars to addreu these ismes have been mod-

Increasing Communication Within Our Bar

Vic L.oU

340

NOVUMII"" lOon

eled around programs Initiated right here in AI<lbama. For exnmple. our cur. rent series of videos advertising Ihe Volunteer Lawyers Program. alternative dispute resolution. nnd our Khool partnership program has been copied by many other state and local bar associations as a means of addlessing the tnrnished image of our profession by communicating to the public some of the good things that "'I' do. Under the constant vigilance of our executive direclor. Keith Norman. and Ihe Boord or Rar Commissioners. we are also in very sound financial condition. Many 0( us take this for granted. but not only has this not al ...·a)'$ been the cllse in Alab.lma. it is inneasi nllly becoming a significant issue (or bar associations throughoullhe country. We have made an effort to fulfill our primary functions. regulatory lind programming. in the most efficient man. ner possible and based upon a dues struclure which is one of Ihe lowest among unified bars in the country. We lire now working on II pilln which includes an ;malysis of trends related to our expenditures and continuing "rOWlh of our membership. in an effort to ensure that we avoid any financial difficulties or strains on our budget thllt haw a negativt impact on our services to members, while ensuring Ihat our dues structure rerllain! as low as possible. We must also ensur~ our ability to maintain and repair state bar headquarters while providing the lalest in technical services to our staff ~nd members. including video-conferencing facilities around the state which will allow and

encourage parllcipation In our commit· tee W(lrk, programs and po5Sibly even CI.E (rom the ma,or metropolitan areas within our state without the need (or extensive travel. With all of this said, many, if not most. of our members still look to spe· clalty b.,rs fo r substarllive nourishment and relationships that directly benefit thei r individulll pmctices. I do not mC;ln to sound criticIII of the specllllty bars in ;lny way. To the contrary. one of our pri· mary efforts this )·e:.r will be to signifi. cantly improve the level of communica· tion and interaction between your state bar and the variO\JS special ty bars. including the Alabama Trial Lawyers Association, the Alab<lma Defense Lawyers. the District Attorneys Assoclution. the Criminal Defense Lawyers Association, Alabam~ [..~wyer$ Association, etc. Each of these speciOilty bilTS provides CLE. and other services which are specifi cally designed to meet the needs and interests of their particu. tar membership, and they also allow for camaraderie amongst those who practice in specific areM of law. Similarly, the sections of our state bar provide services tlIilored to their specific memo berships. But we are the umbrella orga· nization, the association which oversees and undertukes the broadest and most basic regu illtion of our profession and which is fu ndamenl1l1 to the existence and success of each of these specially b<lrs. l.as! spring, then·President Dag Rowe called a Summit on the Profusion in t>1ontgomery, to which he invited the lC:lldcrs of all of the specialty bars in this slate, along with the presidents of the ci rcuil and district judges as~ i:l t iQns . Every invitee attended and there was unllnimous ag ~eernen llhal h c:iBhl~ncd communic.ltlon between the state bar and specinlty bars was the order of the day. Heinl! a unified or mand.'\tory bar. it is not appropriate ror the state bar to take positions on divisive issueslnor is it lellal pursuant to Keller us. Siale &r ofCufifomia, 496 U.S, I (l990)J. Ilowevtr, 11 Is appropriate (or the state bar to fllci1itate a resolution of common issues among Its rnembt'r5 lind we clln best do this if we have put into place the communicative infrastructure nec· essary to ensure that we are all talking to eilch other about Issues which have

an impact on our abilities to practice law successfully and serve our common system of justice. For this reason I h:!.~e created a task (orce to be chaired by Greg O"edlovt, who is currently the president of the Alabtlma Trial LaW}'frsAssociation. and asked Creg and his committee to devise a system that ensures routine commu· niCiltion between all of the various specillity b:lTS and the AI:lb,mla State Bar aboul program5, services. issues and legislation of interest to a particular group or alilawycrs in Ihe $tate. We are also trying to improve and better coor· dinate participation by Ihek specially bars in our Annual Meeting. and use the discussions and communication which, I hope, will result as ft means of addressing issues which affect all of us. Please encourage the leadership of nny specinlty bar group or section with which you may be affiliated to partlcl· pate (ully in this effort and the resulling dialogue which can only serve to benefit each lawyer in Alaba1Tli and the public we seek to serve. •

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E XECUTIVE DIRECTOR'S REPORT l1y Keith 11. Nonnun

O\lt stllie bar membership is 11 valuable privilege. Hiwe you ever consid· ered the other benefits, aside from Ihe

oPpOrtunity to practice law, that aCtnu,! to you as a state bar member? With a

new licensing pericd just beginning, thb is fm apprOllrill.le time to di!ICUAS Ihc many benefits avai l~bl e to 1111 bar memo bers who either purchase the OCCUIXl' tionallicense ($250) or a special memo bership (5 125). Thf hosl ofbendils

Bar Membership Has Its Reward$

Ke ith B.

>40

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.000

available to you are worth mlln)' times the fee you pay each year as a state bar member, I will hhthlighl them below. Self.Regulatlon The Alilbama State B:..r is the licenslnll and regulator)' agency for lawyers in this stale, Your fees and dues fund the bar's entire operation. We receive no other funds 10 ful · Iill our public fUilclion. AJ II result. wt have been able 10 r~main a strong. teU· regulated professio'l. Lawyer Image Campaign Our partnership with the Alabamll IhOlldtaster$ AS5OCllltion will be ending soon. AI its tond u$ion, we will have retelved approximatel), $400.000 of radio ami television time focusinR on bar programs and ~itive aspectJ of the profusion thai would olhelWise have retelved little atlentio!l In the media. F•• Medl.tlon Program When a fee dispute arises between 1I11IWyer and Dtlient , this progr/lm provides a trained and experienced a!torne), to mediate the dispute free of tharge to both parties. Practlc. S.ctlons ASB mem· bers can choose to join one or more of the 18 practice sections. M,m), publish newsletters /lnd offa CLE programs. Setllon membership /lffords nct ....,orking opportunities with members sharing simi 1M interests. Ethics Opinions As a service, the Omce of General Counsel will (urnish to

members who need guidante informal ethics opi nion~ over the telephone. Formal ethits opinion or copies of pre· viousl), rendered ethics opinions are available fret of charge u well. Ulwy.,. A••lst.nc. Progrllm n ,is is a n<:w .service 01 the state bar designed to assist lawyers with an alcohol or substante libuse problem. This selVice is confidential and bvailable to ....'OYk with and be a resource for families. M well as p.lrtners of laW)'ers with altohol or sub-stance problems. The COfiidential service tan be actessed by Coll1ing (334) 834-7516. The bar has a number of other pr()o !trams that can help laW)'CTS build their practice or of(cr them substantial Mvirlgs on the products and serv ees tht)' use: UlW Office Mlln•••mant Aulst.nee Program (LOMAP) This is another new service for bar memo bers. LOr-tAPis designed to act as a clear· inghouse (or information on nil aspects of Ihe operation and 1ll<1naltcmcnt of the modern law office. ~'or e,",mple, lawyers can SlIYC time stOlrching (or information on lhe latest in law office tec:hnology by Simply contacting I-OMAII. Lllwyer Refe"lIl S.rvlc. This statewide public seI'Yice program receives oyer 16,000 calls n )'ear. For 18wyers outside Je((erson. Madison and r-1obile tounties (these have their own local referral 5elVicesj, this is a good way to help build a tHent base. Jlarl icipantJ pa)' a $GO annual fee and rna)' tlect up to 15 areas of practice in which to receive referrals. Service members agree to provide the flnt 30 minutes of consultation to the referred client for $25. Subsequent fee arrange· ments 3re agreed upon by Ule dient and attorne),. (Conlilluid 011 page 350)

Executive Director's Report (COll/illlled from /wge 348)

Group Medical, Disability and Term Life Inaurance The ASB endorses several insurance progran'lS through it s pt~,'1 ~dmini strat Q T, Insurance Speci:llist$, Inc. These progrllmsllre co m~tit ive with other similar programs and in many caSH can result in substantial savings. For CKam· pic, II rccent comparison found thllt b 28-year-old with term lire, disability and major medical insurance with lSI saved $1.400 in annual premiums over a comparable insurer's products. A 38-year-old was shown to s<we more than $850. Other mone~'-saving services and prOduCI$ hlClude; Telephone Service With AT&T savings service (or ASB members, you can sflve 5 percent on domestic, international. toll·free and local calling. Car Rental Discount. The AVIS group membership program provides significanl discounts on nation·

wide rentals, with as much as 20 percent SIIvings on seltcl daily ratcs. Office Suppll.s Discount. ASI3 members can save (our to II per· cent off already discounted name brand o(t'ice supplies and products through Pennywise. You can place your order 24 hO(!T5 11day, ~evc l'l days II week and receive fa.~t. frcc delivcry. Airborne Expre •• DI.count. Save M much as five dollars on the next.day delivery of a one·ounce leller over similar services. AI.b.m. DIrectory Every bar member receivu a f",'If copy of lhe b~r directory which contains the listing of all Alabama lawyers, pl us rules and a wea lth of other helpful inforllllltion. An on-line directory iSillso located at the AS!] Web site. www.alabar. Qr.q. Lexl •• N.xl. Group Member.hlp Discount This program allows bar members unlimited access to Alabama case law, stiltutes and more, without "on·line" time limits. (or a low monthly fee , Prof••• lonal Liability In.urance Attorneys Insurance

8,.,

Mutufl l of Alabilma. Inc. (AIM) was established by Ule ASB to provide a morc stable prorcssionalliabilily mHket to its members than had been lhe case with the commercial providers. There are other programs and services inciudil'l/,! u ~e of $tlllC bar coI'lferel'l ce room f:lci lilies: the bar's legi ~lative I'Icwsictter, Alabama Bar Rt'fJOr/(!r (headnoted and (ull·text copies of Alabama Supreme Court decisions): The Alabama LoWlier: lhe ADDI:.'NDUM: CLE seminar schedules: and certificates of good standing, just to name a few that are avail~bl e to bar members either (ree or fo r a small charge. Unfort(J!llltely. there is not enough space to list in detail all the services ilnd programs that are available to you as a ~ tate bllr member. As you eM rC:ldily see. however, the Alabama State Bar provides an array of programs and services to benefit eve ry member or our profession. J(you are not utilizing some or all of these programs, I encourage you to do so. •

n The Stand, Experience Counts••• Smiky-Smitb 6- Bright has the Experience you call COutU On. Experienced In: • Forensic Accounti ng • Expert Witness Testi mony Litigalion SuppOrt Services

Served As Expert Witness In: Quamificatio n of Economic Capacity Loss • Analyses of Fraud Claims in Consumer Financing Tr:msact ion$

• Damage Q uantifications in Automotive Dealersh ip Disputes • Fraud Auditing and Analysis in Busi ness Transactions • Analyses of Damages in Brcach of Contract/ Fraud Claims • Analys¢Sl)fClail1'ls Re: Lost Profits/Lost 8usines$ Opportul'liry

Smiley'-Smjth & Bright cu nmD PUBLIC .tCCQU ~TAN TS

_hi I!.ih'!I' "",li"M

.",~ AI""",,,,,, I./Ju~r

MEMORIALS Gary Lynn Aldridge Ormer AIIIt.mma Stilte Senator Cary F L. Aldridge of llirminAham died July 12. 1998 in a rafting accident in Alaska. He Wll.$ 47. Hc is remembered as /I highly respected lawyer, a Yislonary leader and friend. and a mlln of uncommon compassion and humanity.

Prior to entering law practice in Birmingham, he practiced law in Decatur, and also served as municipal judge of \-lilr15elle, A longtime resident of Hartselle, Cary Wll.$ elected to the Alabama Slate Senate in 1982. repre· senting Morgan and Lawrence counties. During his term, he co-sponsored legis· lalion thai reformed I\lal»ma'5 child abuse and neglect laws. This legislation

became II model for sUtes th roughout the country, and his role in passing the legislation is depicted in ~Adam 's Song," II movie aboullhe abduction of John Walsh's young $On, Adam, The legislation also established the Children's Trust Pund of Alabama which provides funding for child abuse and neglect pre· vention agencies across Alabama. During their l~n -~car celebration. the Children's T'rust Fund published The /)(.'Cy in Ihe Big Forest coloring book in

which Cary is lovingly depicted as a courageous lion who helps $.lve young deer from getting hurt. Following one term in the Senate. Cary left politi C5, choosing to focus more time on the practice of law, In recent years, Cary began painting in his leisure time and quickly became a locally rccollnized artist. Though he created both abstract and representa· tional works, he is best known in lhe art community fOr his abstr.1Cts, which blended diverse n,edillllnd found objects into visually pleasing contemporary pieces that evoke the (etl of the worn, layered life of the city. l lis artistic talent pouessed the richness and breadth of his successful professional and public career, and his works IIrc included in private and corporate col· lections. During lhe 1984 presidential CIIffi· paign, Cary was in charge of the Mondllie-Fetraro camp;lign in Alabama, and also served on a standinR commit· tee of the Democratic National Convention In San Francisco. Active in community and civic work, Ihe Alabama Jaycees named him on of four Alab,'ma Younll "' en in 1985. He was !\limed Outstanding Young ~1 an by the

Haruelle Jayeeu for three consecutive years. A veterlln. Aldridge sel'\lcd wilh the United States Army in Wurlburg, Germany, He received his B.S. degree from the University of Alabama at Huntsville in 1974, and his J,D. degree (rom tht Univer.sity of Alabama School of Law in 1977, He was II member of the First Baptist Church of Hartselle. Cllry is sUl'\lived by his wife. t-1mha White Aldtldge: his mother, Eva l'lowan, Hartselle; sister. Shelby Reeves, Hartselle; brothers, Cwen Morgan, l)eClltur; Larry fo1organ , Addison: and Mickey Aldridge. Flintville, Tennessee. He was preceded in death b~ his father. Malcol m Itaymond Aldridge. and his sister, Sue Harrison. Memorials l'1l.l)P be made to the Gary I... Aldridge fo1cmorial Scholarship Fund, The University of Alabama School of Law. do Andrew P. Campbell, 2000A SouthBridge l'arkv.'ay, Suite 330. Blnningham, Alabama 35209: lhe Children 5 Trw! Fund of Alabama.. 1'.0. Box 4251. folontgomcry, Alllbama 36103; or the Boys and Clrls Club of Morgan Counry, 1'.0. Box 1431, Decatur, Alabilma 35602, - Janel Varnell Hlrnllngham, Alabama

I'lary Lynn Clark

Jlmu -r.ylor lIardln

Cllrrord Walker Nom.

WlIlIam W. Stewart

/-lampton, Virginia AllmitteiJ: 1985 Diel/: July 16, 1998

Montgomery AdmIllL'(/: /942 Died: JUlie 6, 1998

Bimlingham Admillr!d: 1948 Died: July 5, 1998

/-Ion/{!wood Admi((ed: 1950 Died.' August/6. 1998

Rile)' p, Gn!l!n, Jr,

Francia Xavier L,ynch

Worth ", O'Dell

Troy Admitted: 196f) Died: Augml 10. 1998

Birmingham Mmilled: 1995 OiL'fI: JU,.w /4, /998

Bimlingham MmiUIld: 1931 Died: JUlie 3, 1998

Covernor George Corle), Wallace NOrllgomer,

Admitted: 1943 Died: September /3. 1998

HOVt .. U~"

,aun "" '

ABOUT MEMBERS, AMONG FIRMS Due to the huge increase in nolices (or "Abou t Members, Among firms," The Al(lbama ulluycr wit! no longer

publish addres5 changes for firms or individual practices. /III/ill COIIIiIlI/I! to publish annOUllCements of the fo rmlltion of new (irm5 or the opcninA of solo practices, as well M the "ddllion of new associates 01' p;!rlner~. Plea.se continue to send in addrus changes to the membership department of the Alabama State Bar.

About Member.

John T. Rilondo, Jr. announces the opening of his office 1111824 29th Avenue. South, Suite 220, Homewood,

35209. Phone (205) 879·8595. fll ichellc Peny announces the opening of her o(fice at 28250 U,S. High\\IIIY

.I\EI)I(;A 1./ I)E~'I'A I. MAI.I'RACI'ICE EXPEIITS

98, Daphne, 36526. The mailing address is 1'.0. Box 1530. Phone (334) 621 · 1114,

I'Drk\o.·DY, Suite 140, I3irmingham. 35242.

Latccfah Muhammad announces the relociltion of her office to 3805 \\I, Martin Luther King Highway, Tuskegee, 36083. Phone (334) 727·1997, Milton J, Wutl)' announces the reloca· lion of his orfice to 4252 C.mnicilaei lload, Suite 22 1, P.O. Box 230661. Montgomel')', 36123·0661. Phone (334) 271· 1995. Dais)' M. Iioider announces the reloca· tion of her orfice to 1625 Financilll Center. 505 20th Street. North, !lirmingham, 35203·2605. Phone (205) 251 ·2334. Claude E. Pallon announces his res· ignatior' from the Attorney General's Omce and the o~ning of his office lit 305 Main Street. P.O. Box 760. I(eform, 35481. Phone (205) 375·6343.

Thoma~ J. Travers Ilrlr'lO urlce~ his apl)()intment as the associate district counse l {or the Internal Revenue Service office in Portland, Oregon. O(fices are located at 222 S.w. Columbia. Suite 450. 97035. Phone

George II . make. III announces the opening of his office lit 203 Cook Street, Auburn. 36830. Phone (334) 887·3866. Mikt Davis, fornur IISsisLant district attorney. announce5lhe opening of his office at 258 State Street. Mobile, 36603. Phone (334) 432·3555.

C. I'IllIcu:od Full!!r anMunces the relocation of his office to 1990 N. California Boulevard. Suite 540, Walnut Creek. California 94596. Phone (925) 988·9499. Steven I). GrellOT')' announces the opening of his offi ce at 2824 Seventh Street. Tuscaloosa. 3540 1. Phone (205) 758·2824. Cregory will remain of coun· sel to Hichie & Rediker. L,L,C. at 312 N. 23rd Street, Birmingham, 35401, Gary A.C. Backus announces the formalion of Gill')' A.C. Iillckus, L.L.C. Offices are located at 472 S. Lawrence Street, Suite 209. 1'.0, Box 1804, Montgomery. 36102,1804. Phone (334)

265·0800. Among Firma ~'a nn &. Itfa, I~C. an n()unce~ tlklt I'Ilichael 8. Cklom 11..1$ become a member. Oftice~ lire located al22 InverncS$ Cerller

Phone (205) 991 ·5045,

(503)326·3185. Powell, Peek &. Weaver announces that Arthur C, 8run80n. III has become an associate. Offices arc located at 201 E. Tro), Street, Court Square. P.O. Drawer 969. Andal\lsia. 36420. Phone (334) 222-4103. Croulili. S l ~ten &; O'Collllor. P.C. announces lhal Lee I'll. Ituuell. Jr" David \\I, Van Bu, klrk, ~1. Andrew Donald,on, and ~l eH nd a Kaye Camp have become associates, and thallhe firm hil$ r~h)Cilled to 2400 Pre~idel1l.5 Drive. Suile 300, f.l ontgomery. 36116. Phone (3.14) 396-8882 . D~vld II . !'>lar, h. I'.C. announces tl1(1l the firm name has chanlled to /\larsh,

Rickard &. Bryan. P,C. Offices are located 011800 Sh"dc5 Creek Parkway, Suite 600. Birmingham. 35209. Phone (205) 879- 1981. Frete. Nash & Torp)" P.A. announces that Laura L. A nd ~no n ,md Patrick F. Roche have become shnreholdcu. Office~ Me locllled lit 930 S. !-Iarbor City Boulevard, Suite 505. Melbourne. Florida 32901. Phone (407) 9&1-3300. Janccily,

Nllw~ ll ,

Pol". Wilson. Smith

&; /ll R5t~rJlon annour\Ce~

the relocation of omce~ to 14 75 Pinancial Center, 505 N. 20th Street. Birmingham. 35203. Phone (205) 252·4441. !'tIcJ nni8h, Bright & I.ong. P,C. annOunces \hal Tieman W, tuck. III and Jo!eph Edward Parish. Jr. ha\le Joined the firm. Offices are located at 323 Adams Avenue, Montgomery, 36104. Phone (334) 263·0003. Lanier. Fon!. ShaV\!T & PiI,)'I1C, P.C. arlnoullces tllbl !looney C. iAMois has

become a member and Cregory S. t'o 'artin 'lnd Runell L Sandidge h:wt become associates. Offices are 10000tOO at 200 West Side Square. Suite 5000, HuntsVille, 35801. Phone (256) 535·11 00. V1ckert, RII~. 1IfulTll)' & Curran. L,L.C. announces that ~1. Kathryn Knight has become a member. Offices lire located at l~egion5 Bank Building, Eighth Floor, I06Sainl ~·ru.ncis Street. f>10bile. 36602. Phone (334) 432·9772.

O(fices are 10000tOO at 2OOO·ASouthlhidge Parkway. Suite 405, Birmingham. 352Q9. Phone (205) 802·22 14, lIolloway. Eiliou & MOllie), Arthur F, Ray. II. for· mer law clerk to the Iionorllble Willillm R. Cordon of the 15th Judicial Circuit, Hont"omery County, has become associated with the firm. Offices are located at 556 S. Perry Street, Montgomery, 36103, Phone (334) 834·9689. ~ nn olll\ceslhat

Hen. lee. Robertson & Stnwn. I..L.C. announces that Chriltle I). Knowlu has become an awxiate. Offices are located nt 754 Chestnut Street. Cadsden, 3590 I, Phone (256) 543·9790. ~lart l n 8100m, Jeff "' rledman. Joe I..uk and Tommy Danio announce the formation of Friedman. !.eak & Bloom. P.C. Chrl, Zulana•• Mark Saln and Mike BowllnJl are associates. Offices are located at 3800 Colonnade Park\o.'ay,

Kllren To,h announces she has joined 11 111 & lJarlow, !'.C. Offi ces are located lit One International Place, Boston, MasSolchusetts 02 110·2G()7. Phone (6 17) 428·3000. J. Calvin f>1c8ride and Oouglu R. Ihchuu. Jr. have relocated to 225 Grant Street, 5.1:: .. P.O. Box 1661, Decatur, 35602, Phone (256) 350·41 00. Thmnn E. Baddle),. Jr. and Jeffrey P, Mauro, (ormerly 0( Baddley & Crew, P.C. announce the (ormation of Baddle), & Mauro. L.L.C. Offices have relocated to 2545 Il ighiand Avenue. Suite 20 1, Birmingham. 35205. Phone (205) 939· 0090, Webb & Ele)" P.C. announces that .'rank .;. Hank. too, Jr, has become a shareholder. Q(ficu are located at 166 Commerce Street. Suite 300. t'o1ontgornery. 36104 , Phone (334) 262· 1850. Jay Rou, formerly n partner in Held, Friedman, Perloff & It05s, has become a partner in Ituntie)'. Jordan & Auoclalu. P.C. The firm's new name is lI untley, Jordan eft ROil. L.L.C. The mailing ~ddre.u is P.O. BOle 370. Hobile. 36601. Phone (334) 434·0007. Cook', Pest Control announces lhat Joe S idll~ has been promoted to vice· president , l:I~ n era l COllnsel, The mailing address is P.O. Box 669, Decatur. 35602. Phone (256) 355·3285. John A. Unticker. Jr.. formerly of the erllmer Un~icker law finn, anllOUnw the est.\blishment of the Unzicker Law Finn. O(fices are located at 635 W, Carden Street. Pensacola. Florida 32501. 1I01ly C. FUlCO, Christopher J. 1I0u, KrisUn L. Stewart and Stephanie 0. AlelClinder are. 3.S$()Ciates, Phone (850) 432·7864.

T he most difficult prohlems n"ILlu:e tbe

.' MISstSSWPl VALLEVTm..E

" • •. ' INSUItANCl: co.'lI'ANY

Carol Ann Smith and Brenen C. Ely announce the (ortrnlion of Smith &. Ely. NOVf"'O~A

.onn ".,

Suite 650, Birmlngharl\, 352<13. PhOI\(! (205) 278·7000. Allen Tippy &: Auoclates annountes that Can;lllne T. I)ryor hM betOrne an associate. o men are located at 5905 AirpOrt Boulevllrd, Suite II , Mobile. 36608. Phone (334) 344-1220. Calnn, Woltn &. Kin ney, I).C. annou nces Ihat ~1. J a~ o n McCulloch hll$ joined t.he firm as an1l$$QCiate. OmCt5 ar~ located <l. t 22 Inverne5s Center Parkw;IY, Suite 300, Birmingham, 352<12. Phone (205) 980· 5888. Sc h~ l, Ogle, Benton &. Centeno. L.L.P. h M changed il.~ name. The new name is Schoel. Ogle. LHu &. Upshaw. L.L.P. O((jce~ :lre located at the Financinl Center, Suite 600, 505 N. 20th Street. Birmingham, 35203. Phone (205) 521 ·1000,

L.>e R. BimtQn lIr'Id Oougtu J . Centeno, fo rmerly partner~ in Schoel, Ogle. Benton & Centeno, L, L.P.. announce the formlltion of Benton &; Centeno. L.L.I>. Omces are located at 2100 1st Avenue, North, l..andmark Center, Suite 550, lJirmingham. 35203. Phone (205) 218·8000. Wam er, Smith &. lIarrl8. P,L.C. a!\l\ounces Ihal Mlltthew C. Carter hilS joined the firm. Offices are located at 214 N, 6th Street, 1',0, Box 1626, Fort Sm ith, Arkansas 12902·1626. I'hone

(SOl) 782·6041. Kellogg. Saccoccla &. Sigeiman ar\nOtrnces they have relocated. The mailing add ress is 1'.0. Box 941668. Atlanta, Georgia 31 141 ·0668. Phone (110) 220·2465. Luther, Oldenburg &. Rainey, P.C. announces the relocation of its offices to Suite 1000, Riverview plaza, 63 S, Royal Street, !,>lobi le, 36M2. The mail· ing add ress is 1',0, Box 1003,36633. Phone (334) 433·8088. Christopher Lee George, formerly of Lyons. Pipes & Cook. and I.uda n 13. lIodges, fo rmerly of I-Iollingsworth & Associates, have joined the firm ~s aS5odates. Walker, Hill, AdamI, Umbac h, Meadows & Walton anno unce5 that Paige R, Jacklon, fo rmer law clerk to lIonOrable Jacob A. Walker, III , ci rcuit j udl:l~ for Lte County, and 1'1llIUhew W,

White. fo rm~r ly of Nix. Hottsford & Vercelli. have joined the firm as a5soci· ates, Offices are IQCbted at 205 S. Ninth Street. Opeli ka, 36801. Phone (334) 145·6466. Andrew T. Citrin and George A, Martin. Jr. an nOunce the formation of Citri n &. I'Ibrt tn, L.L.C. Offices are located at 29000 Highway 98. Summit Building A. Sui te 202, Dal)hne, 36526. Phone (334) 626·11ti6. Court nay Stall ings Leach, fo rmerly with l'r;rvelers Properly Casualty Company, haS become an associate with the Memphi$ office of Wyatt. Tarrant & Comb•. The mailinQ address is 6075 Poplar Avenue, Suite 650, Memphis, Tennessee 38 11 9. Pho ne (90 1) 531· 1000. Other offices are located in Nashville, Hendersonvi lle lind Kingsport, Tennessee, Kentucky and Indiana, Kendall W. Maddox annou nces that Jennifer Q, Griffi n has become an asso· ci~ t e. Omces are located ~t 300 Office Park Drive. Suite 160, Birmingham, 35223. l'hone (205) 819· 111 8, A. Eric Johnston, Allan M. Trippe ilnd Hayes O. Orown. of Johnston. Trippe & Orown, an nounce their association wilh Walt!!r II . Monroe. 111 unde r the firm nllme Qf M o n~ . Johnllton. Trippe &. Brown. 111111)' O. Yate& has joined as an associate. Offices arc located at 2700 Highway 280, Mountain Brook Center, Suite 220 West, Birmingham. 35223. Phone (205) 819·9220,

The Alabama lJoard of Pardonll and Parolu legal Diy]slr;m, announces that Gl'\'g Griffin has been pror\lottd to attorney 4. lIugh Oayb is return ing as arl IIssistant altOYlle}' general nnd will Joi n ch ief legal counsel Greg Grl mn and deputy Attorney General Steve Slnnon, Offices are located lit 500 Monroe Street. Lurleen B. Wallace Building. ~1 ontgome ry, 36130·2405, I'hone (334) 242·8700. John&ton. Uarton, I)roclor &. Powell. L.L.P. armo u nce~ that Artur G. I) avl~ has become an associate. Offices are located lit 2900 AOlSouthiHllrbert Plaza, 190 1 Sixth Avenue, North. Birminghl'lm. 35203·26 18. Phone 1205) 458·9400, I1rOllks & Hamby, P.C. announces that Jene W. Owenl, Jr, has become a

partner. Offices are located at 618 Azalea Road, Mobile, 36609, Phone (334) 661-41 18. Scott L. McPherson h it~ joined the firm of I1.J. I'IIcPher&on :rnd the new name is j\lcPhenon &. M~ r henon . Offi ces Me located at2 10 Third Avenue, East. Oneonta, 35121. The mailing address is 1'.0. Box 10J6. l'hone (205) 625·3462. Stanley E, Munllcy. forme rl y of & Ford. PC. lII'!nounce1 th~ l the new name is Stanley E. I'Il unacy &. Auoclates. I).C. Offices are located lit 110 East Fifth Street , 1\lscumbia, 35674. The mailing address is P,O, Drawer 409, Rodney O. OlcklnaOl1 con· limles his practice at the same location. Phone (256) 383·5953. Mun ~cy

Inzer. SIi\'e nder, liane, &. Johnson,

PA. announces a change of firm name to Inzcr, !llIrlcy. Johnson &. I'I lcWhortcr. P.A. Lawyers in the firm are W. il08Coe Johnson. III; James C. Inzer, III ; F. 1'I11ehaei Haney; Robert O. McWhorter. Jr.; James W. j\tcG l ~ u ghn; and Elizabeth G. McGlaughn . James C. Inler. Jr. and Jamu C. SUvender con· tinue thei r slalus liS or coulJsel, Offices are located at Compass Bank Building. Second Floor. 601 l1road St reet. Gadsden. The l'Ilbili ll g add ress Is P.O. Drawer 287, 35902·0281. I'hone (256) 546· 1656. H.L. Ferguson, Jr., J. Mitchell (.·ro5t. Jr. and John W. I)odson, fo rmer pari· ner$ in Dominick, Fletchtr, Yeilding, Wood & Lloyd, !l.A. , announce the for· mation of Fcrguaol1. Fro!t. Dodson. L.L.P. L. Ihlnter Compton, Jr. and Katherine C la i ~ Whlle are associates, Offices are located at 11 5 Office Park Drive, Suite 300, Birmingham, 35223. Phone (205) 819·8722.

Coxwell & Coxwell annou nces that Katharine W, Coxwell ha! become II membcr. Offi ce~ are localed all09 E. Claiborne Slreet. Monroe'li lle, 36461 · 0625. The mlliling IIdd res$ is P,O. Box 625. I' hone (334) 515·2146. William R. Ilill , Jr. anI.! J. tlaran Lowe. Jr. an nounce the rdocalion of their offices Lo 504 2nd Avenue. South, P.O. Box I J06, Clanton, 35046. Phone (205)280.3 117. •

ALABAMA STATE BAR Your Alabama State Bar Endorsed Insurance Programs

Health Major Medical. Provides personalized comprehensive covcmgc for members, cmploY芦5,!U1d eligible family members. Underwritten by the eNA [nsumncc Company.

Life Term Life.

Provides group benefits and rales for members, spou$CS, childr1:n and employees. Undcrwriuen by ReliaSulr

Life Insurance Company.

Security Disability Intome. Features "Your Occupation" definition of dbabilily alona with comprehensive benefits and group rales. Underwritten by the Security of America Life Insumnce Company.

All from lSI For more information, contact Insurance Specialists, Inc. concerning your Alabama State Bar endorsed insurance programs.

EST ""

INSURANCE SPECIALISTS, INC. 33 Lenox

I~oint~

Allanllt, GA 30324 (404) 814-0232 (800)241-7753 FAX, (404) 814路0782

BAR BRIEFS

Jm/flll Mkhm11kllmlJl (CI!IIlo!I') mul/amllV

• The fir$\ Africnn-Arnerican chOsen to serve as district judge of Ru~sel1 COurlt)' was ~wom in September 18. Michael Bellamy. (\ Pheni~ City attorney. was appointed by Governor Fob In.me1 to fill the Ullcxpired term or Di~triCI Court Judge George Greene. Greene Wa5 3P1}Oinlcd in July to fill the remainder of Circuit Court Judge Wayne Johnson's term. IJeliamy, a graduate of Tuskegee University, served liS Phenix City's municipal judge for 14 years before resigning in 1996. •

I~arl e

F. Laueter, a partner in the

Columbus. Georltill office of Pope. McClamry, Kilpatrick &. Morrison, t.LP, and a member of Ihe Alabama St.. tc Oar, recerlily becllmc the treliSurcr-clecl or the American Bar Association. He will ~erve one yellr as treasurer-elect before taklnR office as treasurer in ,\ugUSl 1999, As treasurer, Lasseter will be responsible f;"r41 f': 1~II:r for maintaining the financial records of the association, and serve as a member of the ABA Board of Covernors, which ollersees the administration and management of the il$$QCiation, • William C. Wood hOls been elected a director of the 21,OOO-rnerl\bcr Defen$c Research Institute, the nat ion's largest association of civil litigation defense lawyers, He is II p.1Ytner with the Birmingham firm of Norman, Pitzpatrick, Wood & Kendrick, Most of Dil l's 21.000 members are attor· Il'illilffrl C. IfuoJ ney$ in privllte i)r~cti ce who defend corpo· ralions. associalion~. insurance companies.llovernment bod· ie5, and individual5 in damage suits and other cillillitigation. 300

NOY ~ "IIElll 000

• Former United States Senator Howell Uenin will be honored this month with Common Cause Alabam.l'S "Citizen of the Century" award at the nonprofit. nonp.1rtisan good government group'$ Slate meet Ins in Birmingham. He will receive the centennial award for "three decades of publiC sel'Vice, sweeping Alabarna cOllrt reforms while chief justice of the Supreme Court of Alabama and his support for an independent judiciary,"

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• The Environmental Law Section of the Alabama State Bur recently won the 1998 Dispute Ilesolution Simulation Contest sponsored by WiIlamctte Unillersity Center for Dispute Rcsolutlon. The section's Piss R Us mediiltion lICcnario invoilled the ~i ting of a concentrated animal feedlot operation (CAFO) by Pigs I~ Us, a fictional corporation. in Pennyless County, II ficllonIlI county In Alllbllma. III ~dditiorl to the honor of II first-place entry, the section was presented with a check in the llmounl of $500, The mediated role play orlginIlted as part of the f;nlliromnental L.1W Section's Hnnual Earth Day actillities and was a modification of an American Bar As.sO(:i{l\ion Section of Natural nesources, Energy and ~;nllironm ental Law Public T'<lsk ~'() rce Project aboullandfills, The idea to focus on CAFOs was the idea of Bart Slawson, an enllironmental attorney in Birminghanl and co-chair of Ihe Earth Day Committee. SlawSOrl tlrld Co·Chai r Karen Bryan, cOrpor1lte counsel for P.E. LaJ.lorcaux & AssodIltes, illC.ofThscaloosa, were responsible for drafting the role play parts lhat were then utilized by students in the Alternative Disl>ule Resolulion elau taught at the University of Alabama School of Law, the University of Alabama Department of Ceology's Enllironmentllnd Society class and Cirl Seoul troops who were working on connict resolution skills. The Environmental I..aw Section designed the Pigs n Us roleplay to cncourase Alabamians to lIiew complex mu!ti.p.1rly, multi·faceted issues from a lIariety of angles and 10 use consen· sus·building ~kills In solving probICr'T1$. • Robert L, 1'1 cCurley, Jr., director of the Alabama Law Institllte and ltlllldjunct professor of law at the University of Alabama School of Law, was recently elected presi. dent of the Kiw~ni s International f'ound.ltion (KIF) for 1998·99. McC(lrley is a 30-year member of Ihe Kiwanis Club of Greater Th ~cIlIQO~ and II pll$1 gOllcrnor of the Alabama District. Ilc is also a 'nIblet of Rober/ L Honor recipient and a charter mcm~r of McCuril'/l,Jr. the KlF"s 21st Centul')' Heritage Society, and served as a Kiwanis International Trustee from 1987· 1991 and as a Kiwanis International lIice-president from 1991·92. McCurley is a published author, having written 12 books on law and gOllernment, as weU as the 75.year history of Kiwanis in Alabama. He also wriles a reg (liar feature for 71'(1 A/abama /.lIlIJyer. "Legi~lat ille Update." •

How do we improv:e the image of the legal prcofession today?

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U[XJ[E [P)(11J @ILD~ YES, I voluntee r to present or to help schedu le a presentation o( "TO SEIWE THE PUBLI C" lo groups in my area. Contact me to make arrangements I NAME

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BAR ASSOCIATION PHONE OR E-MAll _ _ _ _ _ _ __

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BUILDING ALABAMA's COURTHOUSES By SIImuel A. HumoTe, Jr.

Piko County

Pike County Established: 1821

The following continues a history of Alabama s county courthollsesIheir origins and some of Ihe people

who contribute(/ to their growth. If you have any photographs of(Jarly or present courthouses, please for路

ward 'hem to: Samuel A. /?umore, Jr.. Miglionico & Rumore, 1230 Brown Marx 7bwer. Birmill,q/wm.

Alabama 35203,

[Jarly in search of the source of the niver. In 1806 he cKplored

"lj ~~is5ippi

the helld''''<lleu of the Atkar\jM and fl ed

he story of Pike County in south路 eastern Alabama begins with its n1Lme~1kc. MoSI Americ.l ns have <II le<lsl heard of the alliteratively.titled mounlain in Colortldo, Pike's Pellk. The coun路 ty in Alabama and that landmark in the Hockies are both named fo r the same Americlln hero, Zebulon Montgomery

"~ike.

Pike was born Jalluary 5. 1779. at L<lmberton, New Jersey, He was the son of f>1ajor Zebulon Pike, a Hevolutiorwy War s()Jtlin, Pollowing in his falher's footsteps, young Pi~t volunteered for service in the United States army at the age of 15. Within s i ~ yearg he ro~e to the rank of lieutenant. In 1805, Lieutenanl Pike, who was servi ng on the American frontier. led an exploring

rivers. II was on this expedition that he discoveted the mlljestic mountllin peak which bears his mIme.

Turning south, the party passed thro(lgh Spanish territor/. Pike and his

men were arrested by Spanish troops and taken to Santi! Fe, Later they were ~enl to Chihuahua in Mexico. but severtil months llltcr were allO'Netl to return to the United S tlll ~S by w~y of Tex.'t~ llr\d New Orleans. In 1808 he published the "journal" of hi~ expedition. Pike's adventureJI caught the IIttention of the American public and his name became a household word. Pike received promo路 tions to major in 1808 and colonel in 1812. Wher'l the second war with Creal Britllin broke out. Pike was commissioned 1\ brigadier general. I Ie ted all

Pik, Counl, Courllto.44 11111_ (1/ COOnl, (i,tlelmk1/ Qle6rulloo. 19:11

attack on York. later 10 become Toronto, Canada. The Americans caplured York. but at a great cost. During Ihe course of the baltle a powder magaline exploded. The explosion killed Ceneral Pike. who died April 21. 1813. Ilis dealh was a tragedy felt deeply by his officers and men. and by the American people. t>1embcrs of the Pike fami ly have continued to urve this nation up to the present dlly. Former Congressman Otis Pike of New York clai m~ relationship to Zebulon Pike. Mler leaving Congress in 1918. Pike began writing a syndicated col umn of political commentary that is carried throughout the country. The name of his column is "Pike's Pique." Pike County, Alabama is one often counties in the United StMes named fo r Zebulon Pike. 11 ....35 established by the Alablma Legislature on December 11, 1821 from land t.lken out of f.1ontgomery and Henry

then decided 10 give their lown the shorter and much-easitr-to-write name of 1'I'ay, On December 18. 1821. one dllY after creating Ilike County. the Alabama Ll:!fll ~lature designated Ihe home of Andrew Townsend as Ihc temporary seal of justict. Al the $arne lime, a fivemember commission. consisting of Andrew Townund, Willillm Cox, Jacinth Jackson, J\leXllnder t>1cC;II1. lind [)aniel l..ewis. was appointed 10 seltct II permanent site for the county seat. to cont ract fo r [lublic buildings With Ihe lowest bid· der. and to ClIII upon the county trea· surer for their expenSf5. No IIction was taken by these com· missioners during that first year. A sec· ond five -member commission .....as appointed on [)ecembtr 12, 1822. Alexander 1-1cCIIII and !),uliel Lewis continued to sel"l'e. The three new members were Obadiah Pitts. James Arthur and Edmond Hobdy. Asecond teml>orary stat of justice was established at the

countle~.

There is one more story about Pike's name thilt should be recounted. This story was even chronicled by !tobert Ripley in his "Oelieve It Or Not" ClIrtoon stries. [n the 1830s. aRer Pike County citizens chose a centralized location for their county stilt. the proposal was made to nllme the new county seat Zebulon in honor of Zebulon Pike. Un(orl\,Jnately. the rtcording secretary at the meeting could not write /I ~c r ipt ClIpital Z. No one elst present III the meeling could write a capital Z either. The citi~ens

home of Samuel Smilley. Variant spellings or misspellings have reported his name as Swilley, Sil'illey or Smile),. In any event. the new commission was authorized to select a permanent coun· ty seal, to superintend the building of the courthouse. and to give 20 da)'s notice of their decision at three or more public places in tht county. The commiS5ioners chost Lewisville as the first permanent county scat of Pike County. This town was nanltd (or Daniel Lewis who had built a store and

cabin there and who COincidentally hlld served on both commissions for selecting the site of the county stat. The pronunciation of the town name remained the same but its spelling wu soon chanQed to Louisville, Thert nre no rccord~ dcscribing the (jut permanent Pike County Courthouse, Its eXllct IOClltion is not known, 1-I000'cvtr. it is prullmtd that Louisville was the center of activity for frontier lawyers in the county. Tht lown grew and soon received .....eekly mllil ser· vice. One early resident rccorded in her memoirs that the fi rst sermon she heard in Pike County was In 1822 and \\'as "preached il'l the courthouse at l..ouisville by II local t>1ethociist preacher.~ The first term of circuit court was held in September 1823. neuben Saffold WilS judge. l..ouisville sel"l'ed as count~ seat until 1821. Normally a forme r cOllnty seat town will not lid the opportilnity to serve as a count)' seat again. HO\\'e\'tr. when Barbour County was cruted on December 18, 1832 Loui5ville was placed within the new county boundaries. It was then chosen to be the fiut temp(lrary count)' scat of that county until Clayton hearne the permanent county scat. Thus, it has the distinction or serving il5 the county seat of two dif· fe rent Alabama counties. Pike COlmty citizens chose Monticello lIS the new county seat in 1821. This lown was probabl)' named for Thomas Jefferson's home in Virginia. r-10re than likely this site was selected because It was central to the population of the

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n county at lhe time. Also, this town was located on the old Three Notch Trlli!, II pioneer path blazed by United States soldiers who plnced three notches on the trees used (or markers. This former Indian trail extended (rom 1I0rl Barrancas ill Pensacola to ~'o rl Bilinbridllc southeast of Tuskegee. Then it joined the Federal Road to Fort folitchell in RU5.)clJ County. What did the town of Monticello look like? An 18.11 plM of Monticello exjgts hI Deed Book Aof the Pike County records. 1\ shows thllt in the center of lhe town was It IqUfl TC where II ....'OOden courthOtlse ....'as constructed in 1828. Streets extend. ed (rom lhe sqUire at rhth! angle$, TheM! mitior arteries and p.mlleltinil Slr芦t.l; had the nllmes Washinllton. Jeffcf$(In. I.aFayclle. Ml)r"IlgOl11ery, and MonrO(:. Jail Street pTob:ably led 10 the counly jail. A log cabin school was more than likely IQCJIted on Acadtmy Street. There is evidence that two courthouses were corutructed at Monticello. In 1835 the commiS5ionus (or the town made their only written report to the Pike County Commis"ion concernin" their activities, beginnin" with the establishment of the town. 111is report listed the SIIle of" number o( lou . It also noted cert.lin expenses beginning in 1828. including the (ollowing: $153 paid (or the Mold~ courthouse. $1,687 paid {or the "new M lOO Hov . .. o.n .DnG

((

courthouse, and $399 paid for the jail, The town WILS incorporated in 1835, It ""as a small place. having only 200 resi. dents at the time of Incorporal ion. However. the population swelled whenever court was in session. If a mlln had to appear at COl,lrt, he generally brought his wire .. nd family with him. This was still frontier country and isolMed fa rms were sometimes attacked by I1'I3raudil'lg Indians, Mrs. Ann Love's inn was the popular gathering )!lace during court sessions which became important social events as women (rom all parts o( Ihe counly gathered (or knitting. quilting and gossip. For many o( the women. their nearest neighbors were fTIany miles away and ()Ccluion5to socialize were rarc, Art er the court5e5~IIIIU ended, the inn was generally empty excel)! for an Infre路 quent traveler on horseback. The most significant event 10 t.lke place in Pike Count~ during this period .....as the Hattie of Hodby Bridge. The title is somewhat in~ccu rate because it actually encompaS5eS several encounters which took plac~ between white settlers and Indians in the area on the Pea Rivet in 18.16, The result of thi~ fight ing was that mon of the Indians were killed or captUTOO. Some escaped to Florida and gained refuge with the Seminoles. Historians consider the

encounters at Hodby I1ridge to be the last Indian fighting in Alabama. In 1837 a movement began to select a more geographically centrali ~ed location (or the county scat or Pike County. I.uke It Simmons was elected to the legislature to implement th .. t ..ction. On November 24. 18371hc legislature passed an act appointing a five-member commiS5ion consisting of John Ilarreli. " iram Carter, Barnet Franklin, Samuel T. Owen. and John lIanchey. This com. mis$ion was directed to fi nd a suitable location (or the county st.ll by June 1. 1838. An election would then be called so that the cilb:cns could choo芦 bet",'een "10ntkello and the new site. The commissioners chose Ikn StMd Hill 115 their recommended location ror the courthouse. Deer Stand Hill was a ridge covered wi th vegetation. When seltlers hunted deer in the area, the deer oflen sought shelter Dmong the tall oats on the hill, re5ulUnil in its being given the flame Deer Stil11d I-lill. The land at Deer Stand IliII w..s owned by two men- JOhn Coskrey and John Ilanchey. Both o( them had storn in the arta. !-Ianchey was lll50 a member of the nve-person sile selection commission. Coskrcy and Hllllche)l knew that their ~roperl ies would lIain in yalue j( the county seat came to their land, so they offered the county 30 acres as considuation for selectinlltheir site, The citizens o( Pike County .. ""roved the selection of Oetr Stand J 1111 fo r their count ~ 5e:ll in an election held in August 1838. On October 6, 1838, Coskreydeedtd approximately 15 acres to tht county. On October 8, 1838, Hanchey also deeded approximately 15 acres to Ihe oounty. Much .....ork had to be done in order to build a town on Oeer StMd Hill. The trees and vcllet,ltion had to be cleared. The county surve)'Qr, Robert Smiley, then laid 0(( the courthoU5e squ .. re. Nc)!!, the rest of the 30 acres had to be subdivided into busil'less 1015 al'ld residential lots. Proceeds from the sale of lots ""erc used to construct a courthouse. South of Deer Stand 1路liIl stood three stores that were owned by John Hanchey, John Coskrey ilnd Nathan Soles. The area where they were located .......s c.'Ilied Centervi lle, Once the decision .....as made to move the county seal

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to Deer Stand lIill. these Ihree enlrepreneurs pll1ctd their building$ on rollers and moved them to lhe west side of the new public square. They immediately set Ull business there. The east side or the square was reserved for I<lW offices. Me<lnwhile. back in /l10nlicello. the county sold its old courthouse and public squl!rt. r.1r$.l.(lvC路s cust(lmt rs helped her to raise 5250 for the purchOlse of the building al\d the property, This courthouse was then torn down and the mllterials transported by wagon to the new county seat. There the structure was rebuilt as an inn in 1839. The inn was constructed at the corner of Church and Oak streets. Court sessions were moved from MQnticel10 to the new county seill before the inn was completed. Mr5. Love and her son built temporary shelters fo r use by her bQ.~rders. The kitchel\ was outdoors and she served food camp路 style. Because a courthouse W.'\5 not yet ready. the courts were held in one of the stores that had been rolled over to and positioned at the court sqllare. When the new town was l<lid out. the citizens decided that a new and more dignified name was needed. Centervill e was considered. but not chosen. The reader also knOWS thM Zebulon was

Nurlilr 10CIJ1<>ti /J//~' PlIi~ Coun/II pI/bile MJUorI

302

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TIH AlalNJItIIJ /.<JU'!I'tr

seriously proposed. but no one could write a capitlll Z. So It was also rejected. Finally. the name Ttay \\'as suggested and a]}proved. But why the name "Tl'oy"?

Some historians claim Lhilt Troy was named fo r the ancient city of the same name. Others believe thal a lawyer (rom Troy. New York. working in the office of John Beecher. one of Ihe first lawyer~ in the town and a cousi n of the famou~ northeYl\ preacher Henry Wllrd Beecher, suggested the name of his hometown. II was short and easy to spell. Still oUleTS believe that SlIM representative Luke R. Simmons named the lown in honor of Alexander Troy of Columbus County. North Carolina. Many of the early residents of Pike County came from North Carolina. The rcal reason that Troy has i t~ n.une m'IY be lost in the mist~ of time. In any event, on Dectmber 24. 18.18. the eity of T'l'0)I, Al~bama was o((iciOl1ty recognized by the Alabamll Legislature as the pumnnent county seat of Pike County. A new courthouse was constructed al Troy in 1839. The building was wooden and placed in the cenler (lr the public square which was 160 Yllrds on eilch side. No other ~ tructu res were allowed within the square. The builder of the COu rthOu ~e was Nubtl A. f>l00re. The

county court first met at Troyan June 10, 18.19. Joseph W. TownSCI\d was judge. Pike Counlygrew steadily during the next few decades. In 1840, the population was 10,108. In 1850. it was 15.920. By 1860, it had reached 24,435. Fortunately, the ravages of Ihe Civil \Vilr did 1101 touch Pike County. although mllny mcn from the count)' went off to fight. The most significant occurrence to affe ct Pike Coullty durin8 this era took place in 1866. The I~ecomtruction l-egislhture eSlnblished 13 new counties in Alabama. 'tWo of the counties. Crenshnw and Bullock, were created {rom territory taken (rom Pike. OverniJtht the size of the county shrOlnk by (Ilmost o nl~-th i rd. The p(ljlul(ltion in 1870 was only 17.423. IIcwl"Vcr, Troy WiU still the center of the county and was pQised for a period of growth. The year 1870 proved t() be a most important one in the history of Ttoy and Pike County. The first train arrived in Troyan Monday eveni ng, June 20, 1810. Tile line was completed from Columbus, Ceorgia to Troy. Future expansion was also planmd. It is no mere coil\cidence th,lt a I~nd 路 l ockcd market town like Troy began it5 great period of growth lifter the arrlvl11 of the railroad. Other changes were planned at this time, The old courthouse hnd stood in the public square since 1839 and county o(ficials began the process for relocation. The county com m i~ion purchased a lol and took preliminary steps for the erection of a new courthouse. An editQriOlI in the Troy /IIessengerof January-1 , 187 1, de~cribed tht exisUI'lg cou rth ou~e as old, insecure and badly located. However. a group of local citizens fought fiercely against removing the cou rthouse or making anv changes whatsoever. A meeting held on January 28, 187 1 was reported in tile Messenger of February 9.1871. At this meeting the following resolution passed: "Whereas it is the opinion of the citizens of this county that the courthouse of this county is situated in the most beautiful. suitable, and c(]nvenient part of the cily o{ Ttoy and any removal of the same would of necessity be attended with costs that the count)' is at present llll~ble to s\lstain. therefore be it.

Resolved- That we, II part of the cilltens of Pike Counly, lire opposed to the destruction, sale, or any other disposition that may be made of the courthouse other th;m the disl>ositioll for which it was ortJ{inally Intended; and that we do especia'ly request the commissioners of this county not to I1\Ilke any dispositions of such property by sale or otherwise without consulting the feelings of the vottrs of the county." This group of citizens did not want to move the cou rthouse lind Ihey apparently had the political muscle to stop Ihe county commission. They were able to gel the legislature to paM an IIct prohibiting the ilsse»menl or collection of or the appropriation of iI true on Pike County by its commissioncu (or the erection of 1\ courthouse. This acl is a un ique piece of lellislation specifica lly prohibiting 11 tax thllt would be earmarked (or the purpose of building 11 courthouse. Thus, the issue of relocating the courthouse died. Ilowever. on December 15, 1875, the commission received 11 report advising that repairs hnd \0 bt made to the courthouse. They approved II contract (or $450 to hire Jerre Sanders for paintinll and repairs. The l880s prOYed \0 be another signifi. cant decade in the history of Troy and Pike County. The population of Troy had increased to 3,000. And in 1880, the citl-

zens built a new brick courlhouse on the square. 11oweYer, 3.5 with tht earlier effort to 11lO\'e the courthousc.lhe new courthouse plan had sparked controversy,

A report to lhe county commission from Ihe grand jury in 18791loled that a new courthouse was desptrately needed by the county. The 40·year-(lld wood· en structure had outl ived its use(ulness, The report slated lhal ~ committee shou ld be appoi nted 10 select a ~uitable sile. The editors o( the two ncwsp.,pers in 'fl'oy di ~greed over lhe relOOltion issue. The editor of the Messerlger argued lilal the public square should be cleared and Ihat a courthO\lse should be built on a site next to Ihe counly jail, This prOI>05al would open up the downtown area (or commercial purposes and would give more room for Ihe parking or wagons which would help business. The editor of the EIIQuirer proltsted Ihe sUlU:lcsted relocation site. He believed that if ill courthouse were 10 be erecled, the people should decide its location by ~ vote. His paper favored the square where the courlhouse had always been located. rotr. Ferris. an architect in 'fl'oy, drew plans for the cO\lrthousc lhal were pillced on display at the Pike Counly Bank. After viewing the draw;ng.s, a

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majority of ti t i~ens st rongly favored a n~w building. The $ite $~ I ected remained the old courthouse square. The county entered into a contract with Joseph Minchener, an Englishmrlll, on Pebruary 16. 1880 to build a brick courthouse at a cost o( $15,000. The structure was not to occupy more of the public squart than was absolutely necessary. The old wooden courthouse was pu n;: has~d by Frank am.I Jos~ph f.1Inchener, who tore It dOwrl and used the materials to build an "opera house" on the corner of Walnut and Oak streets. This structure was used fo r mallY years for amateur performances, band concerts, graduation ceremonies, and the like. After the cou rthouse was ra7.ed, temporary offices were housed in a wooden store building. The new square-shaped, lwo-slol)l brick b\lilding was completed in March 188 1. An early photo show~ a ~i mpl e building with a mlkony over the entrarlce. The rooms were heated by firep laces. Another important event for Troy's (uture occurred in lhe la80s. In 1887. the lellislature established a stale teacher's college at Troy. The state agreed to appropriate $3,000 per year for the school if the community wou ld furni sh and e(luip a suitable structure. The city immediately erected " handsome brick building at a cost of $12,000. The school has grown over the years to become 'lToy State University. The last significlillt event of the 1880s was the completion of a second railrOlld line to Troy in 1889, These tracks connected Troy to Montgomery. They helped to make Troy the leading market town of the area. Hy 1898 the population of Pike County e xce ed~d its total b<!fore the 1866 reduction in size. The new courthouse prO\led to be inadequate and rlcedcd expanding, The county authorized expenditures of not more than $10,000, Pour wings were attached. A Neo-Classical f~cade with pediment, portico and arched entrance·way was added. Above the archways was placed the date "1898," which confused later citizens who thought that the courthou~e orlly dattd back 10 that year. In fact the courthouse was an 18805 structure with 1898 renO\lations. On the roof ""'as a cupola containing four clock (aces

lhal allowed the time to be viewed from side~ . The $idewalks ~ round the court sQuare were raved in 1900. This courthou$(: projcct served the county for more th~n half1l century. By the 19505 time had taken its toll . Another new courthouse was needed. Once again. a deh.lte arose over the locat ion of the courthouse. 1'his lime proponents of a parkin" lot fo r the commercial district won out. The new courthouse W(luld be built one block from the public square al the dead end of Church Street. The latest Pike County Courthou~e was conceived when the 1951 Alabama Legislature set up a Pike County Public i3uilding Authority. The Authority was authorized to issue bonds so that public b(li!dings cO\Jld be constr(lcted without the need to rai5e taxes. The cost of the project W<rS p;!id out of general revcnuC$ of thc county on a "rental" b:!si~. Title was conveyed from the Authority to the county aller 30 yeMS. Clwles F. Minch, of the Montgomery architectu ral firm Minch, Kershllw & Crump, designed the structure. S. 1. Curl)l & Company of Alb~ny. Georgia were the cont ractors. The total project cost approximately $400,000 and the courthouse was dedicated on Novembtr 12, 1953. The same architectural firm designed a $240.000 j" iI. which was completed in July HISS. At the courthouse dedication, Probate Judge Alex I3rantley praised the work of cOlltractors, legislators, the l3uilding Authority and others. Lacy I~ose. presi. dent of the I>i ke County Building Authority, presented the keys to the building to Judge Brantley. State Senator Lawrence K. Ander50n of Union Springs. " sponsor of the legislation setting up the Authority, pr"is€d lhis local achieve· ment. I-Ie stated: "Tills building is a monument to the people of Pike County and all other counties, The untiring efforts o( those making this building possible are unprecedented. independently and without the U5\~11 Ilederal aid. the people of this county have accomplished almost the impossible." 1>lr5. Pearl Ilceves, forme r ~heri ff of Pike County. then officially cut the ribbon to open the new building. The newest Pike County Courthouse is a two·story structure with a bilSe· ment. 11 has two wings and is construct· "II

ed of steel. limestone, granite "nd brick. former four-~ided clock tower on the old courthouse was replaced in the rlew building by a clock with one face above the front entrance. The building is topped by a flag pole, After the new courthouse was dedicated, the county commission took bids for th~ demolition and removal of the Old 188011898 structure. Under terms of the COntract. all rnaleri~ 1 and debris was to bt relllO\led within 120 days of acc.eptance. Unfortunately. when the bid ceremony took place on J1lnuary 20,1954, 1lt 10 o'clock a.m., there were 00 bids. Judge Brantley noted that no one w~nted to buy the building at an)! price. He said he received Q\lCrlures for the county to pay someone to tei1r it down, bul thai was \macceptable. This situation was 5Qmewhat rcminisccnt of a I·lenny Youngm.1n one- lin~ r. Instead of "l'dkt my wife. please," the line becomes "Thke my courthou:\C, ple~se." Finrrlly. the coullty received a bid o( $50 which was the highesl and best offer to purchase the building, tear down the structure. and haul off the debris, On AuJtust 12. 1954, the City of Troy aijrted to p(lrchast the court square real estate (rom the county for $40,000. A small gnl"y park W'I$ created in the center of the ~qurrre with the Confederate monument pl:rccd within It. The square Itself was thCIl turned into parking for the centra! business district as had been recommended by the Troy Mcsson9t1r 75 years earlier in 1879. • Th ~

The author acknowledges the historic photographs obt:rincd by Troy allorney Keith Watkins fo r use with this article. SOURCES: 'ReoontIrlJelion In Pikl Couml, f'IIIIT~ Vod M'JI""I'.· Mil ~I. Murphr" ~nd. AJ,twnfr ~I()I/ul Outlll/Hly, )(XII (WInlrit 1960), ~·304.

·fflll\' H"lory 01 Pike C&.1IW Al8b11or\'i1 .• MIIo.rel P_ ~RI""". A/(ItWn(I HlrtoncJII 0t!I'1I"1¥. )( (I~). 26-51; n,fOfJI 0/ Pd</I Coool¥. Altbllmil. Margbr&l "ace Fermer: 1953. an" HondtIId Fifty 'r'I.w in PiII/I

Counly. Aljlc"rrw. '82 r~ r91r. t.WgarOi Pilei F...... 1913, IJ.I_~ PIle .. CIu!Iy. MIl Fr.nk Ron s.ewatt 1918. Hl81Of1c41~' $ov.ri, 1821'1921 , C.,.,!OmIeI ~.br'lion 01 f'IIo;. CounIy. Trov, ~. .",..,. :!O-~. 1921 Arlie,", MCtI~ AO'VII/i-.February I. 1952. February 20. 11152. May $. I~. MllY 2 1 , 1 ~,Apt~ 7. 1 t$3. ~ 12.

11163.

N(7o;embe.

13. 1963. ~ 29. 1953.

.Jenuary 3. 11154, J lr.uary 13. 195ot. Au(IuI! 13. 1954

Arlie" 8n~~'Y

22.

OPINIONS OF THE GENERAL COUNSEL BU J. Anthony Mewin, (.I(!lIl1r(l/ counsel

QUESTION:

Retention of Client Files

"I am seeking /11'1 ethics opinion from the Alab3ma State Bar Association regarding lhe retention, ~to rilge, and the disposing of closed legal mHo "My law fi rm is quickl y depleling its in-house storage capacity. I have been asked to review methods of data storage and retrieval such a5 microfilm. off·site storage, and electronic scanning. Before exploring these options. 1am requesting yOur Msistance in formulating II reasollbble plan that con'lplies with all applicable rules and statutes. "111111aware orlhe requirement to retain a elienfs file for six years after the case has reached ilJ conclusion. How may the fil e be stored? Must the files remain in 'hard copy' (orm or may it be transcribed to another medium? Ple;l!e Identify all statutes, rules of condud rdating to this process, and any other ethiC$ opinions. MOnu a file is dosed, may certain portions of the file be returned to the client? What is an attorney's oblig-1tion regarding lhe Ix>rtion of the file returned to lhe client. After the six years Interval. what is the appropriate method of disposing of II client's file?" DISCUSSION :

A lawytr does not have a general duty to p re~crvt all his files permanently, Howe...er, clients and former clients rea· sonably expect from their lawyer that valuable and useful informatlon in the client's file, and not otherwisc readily available to the client, will not be prematurely and carelessly destroyed. ABA Committee on Ethics and Professional Responsibility. in Formal Opinion 13384 J. Anlhony McLain

(~l arch

14, 1977),

While there are no specific rules In thc Alabama Rules of Professional Conduct regarding Iht lenglh of time a lawyer Is required to retain a closed fil e or the disposition of that file after a lapse of time, the Disc plinary

Commission e5tablished the following guidelines In Formal Opinion 84·91, The answers to the above questions depend on the specific nature of the instrument! contained in the file5 and the particular circumstances in a given factUllI situation. For that rtll5On, the file should be examined and Ihe content$ segregated in the following ClItegories: (I) Documents that are clearly the property of the client and may be of some intrinsic . . alue, whether delivered to the lawyer by the clieflt or prepared by the lawyer ror the client , such as wills, deeds, etc.: (2) documents which have been deli...· ered to the lawyer by the client and which the client would normally expect to be returned to him; (3) documents from any 501lrce which may be of rome future value to the client because o( some future development that mayor may not mate· rialh:e: and (4) documents which fall in neither of the above categories. Documcnts which fall into category I should be retained (or an inclennlte period of time or prl!ferably should be recorded or deposited with a court. Documents falling into categories 2 and 3 should be retained (or a reasonable period of time lit the end of which reasonable attempts should be made to contact the client and deliver the documents to him or her. With regard to time, there is no spe· cific period Ihal constitutes ~ reason · able" time. It depends on the nature of the documents in tht file and the attendant circumstances. Since the file is the property of lhe client It theoretically may be Immediately returned to the client when the legal matler for which the client is being represented Is coneluded. For a variety of reason!, lawyers and law firms usually maintain client files (or some period of time ranging NOV~"'Dln

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more a matter of the lawyer or firm 's policy rather than any externally generated requirement. In establishing this polic)" it would not be unreasonable (or the lawyer or bw fi rm to consider lhe statute of limitations under the Alabama Le~al Services Liabi lity Act is lw(I years ilnd six ye<lr~ for the filin g of formal ch a r~e5 in bar di5cipline matters. (In 50me casc5the tim ~ period may be extended.) Al lhe expiration of the Ileriod of lime eslabllshed by the lawyer or law fi rm for fil e retention, Ihe followi.l!! minimum procedures shou ld be followed (or me disposition, First. the client should be informed o( the disposal plans and given the opportunity of being provided with the file or consenting to its destruction. Jf the clienl Cannol be located by certified mail or newspaper notice. the file should be retained (ora reasonable time (absent unusual circumstances, it is the Commission's view that six years is reasonable) and Ihen destroyed with the exception of those da<:urnenb classified as cate!/I)Ty 1 above. Prior to dewoying IIny client file, the fil e ~ hould be ~crCCl\ ed to ensu re thai permanent type (category I) documents and records nre not destroyed, Thi rd, nn index should be maintained of files destroyed, With regard to storage, fil es may be stored in any (acility in which their confidential integrity is maintained, This may be in the I~wyer's or law firm's o(fice or al some secure off·site location. flny medium t h~1 preserves this intellrily of the doc\Lments in the fil e, whether microfilm or by electronic scanning, is appropriate. • 1"0·93· 101

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L EGISLATIVE WRAP-Up l3y I~obert L. ,.tcCurlty, Jr.

The Alabama taw Institute is currently shldyin" the Uniform Child Custody Jurisdiction and t:nfortemenl Act promulgated by the Commissioners on Uniform State Laws. This I\cl revises the law on Child Custody Ju risdiction in light of federal enactments and alm05\ 30 years of inconsistent stale laws among the 50 states Ihat have adopted the Uniform Child Custooy Jurisdiction Act The Institute began Its study In 1997 with Penny Davis, aS50ciale director of the l...~w Institute, 85 the reporter, and Cordon B~lIey of Anni51on, chairmnll of lhe committee. which is COIl'lIIr1Sed of: Marcel Black of Tuscumbia f.1s. Lynn f-Iwill of Montgomcty

David Cauthen of Declltur William Clark of Birmingham

Jack Floyd of Gadsden Hs. Sammye Kok o( Birminghnm Randall Nichols of I1irmingham Honorable Deborah Paseur of Florence Samuel Rumore of IJirmlnghnm Sue Thompson of Thscaloosa Bryant Whitmire. Jr. of Birmingham ror the first ti'l'lt, this Act will CllUmerale II standard of con· tinuins jurisdiction and clnrify the modification jurisdiction so as to !>t consiltent among all states. Secondly. it brings a urliform procedure 10 the law of in1erstate enforcement. This Act will accomplish for custody and visitation determination~ the same uniformity that. has occurred in the inter~late child support , that Alabama p.1ssed a5 the Uniform Inlerstate Family Support Act in 1997. This is found in A/abama Code §30·3(1l)10 I. and betamc effective in Janubry 1998. In 1980, the fede ral jlovcrnillent enacted the Parental Kidnapping PI'(."Vtntion Act. (PKPA). 28 USC Section IT38(a), to Robert L. Mc Curl ey. Jr. RobeIr L McCurIev. .II' • 1M dor«1OI 0I1h1 NIOIIfIII Llw ,,*~IH " rill ~or

......... ,...~,...~V-·

addrt.u the inlerstMe custody jurisdictior"11 problems thill con· !inued to exist after the adoption of the Unifonn Child Custody Jurisdiction Act. The major aspect5 o( the Unifonn Child Custody }urisdittion and Enforcement Act nre as follows: I. Ilome·Stale I'riority The UCCJEA prioritizes home·state jurisdiction where as previously there were fou r independent bllses or jurisdiclion under UCCJEA. 2. ClllrlOcailon o( Enlugcncy Jurl,dlctlon This Act contains a sep.lrllte section 011 emergency jurisdiction, which addn~~~· es thllt emergenty jurisdiction may be used to proteclthe child on 11 temporary basis unlillhe court issues a perma· nent order, ilnd takes into account domestic $Itulitlon~ in which there has !>ten domestic violence. Thus. a custody determination made under the emergency jurisdiction pro· visiOn is a temporary order. 3. Exdu.l ...e Continuing JuriJdlctlon (or the Stale thai Entered the Decree Currentiy. there has been II divergence of views regllTding simultaneous proceedings when there have been custody orders and Visitation orden. as wtl1 as when it Is necessary to determine whether the slate with tontinuingjurisdiction has relinquished it. This Act addresses these iS5ue5 by providing (or continuing, exclusive jurisdiction in specific situations, t'urthermore, Iht jurisdiction or the home state has been prioritized ~r other jurisdictional base in the same manner o( the Parental Kidnapping Prevtntion Act (PKI)A). 4. SpeciOc.llon of Wh. t Cu. tody J'roceedlnJl8 Are Co...ered The UCCJEA includes a sweeping definition that. with the exception of .. doplion. includes virtually all cases that involve custody of. or vl~ltation with. the child as II "CUS' lolly dctcrmilltl\ion." The Act leavcslhc discretion with t<lch IllIle to determine the IlppliCllbi llty o(tht Act to Indian Ir lbe~. 5. nole of "Best Inl ~l1ll t " This Act elimi nates the term "best inlcru\" in order to tlearly distinguish between the jurisdictional stand:.rds and the substitutive standnds relating to t hild custody and visitation of children. The Act is not intended to be an invit.'l.\ion to DddreS5 the meriu of the custody dispute, or provide an addition.. 1jurisdictional base under the guise of II "best Interesl ~ detcrmination.

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II is expected that this Act will Ix ready for introduction in the regular S£5sion o( the Legislature and will be available (or review by intercslw partin prior to this Introduction in December 1998.

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Other studie! LInder review include Husiness ~ ntities, Principal and Income Act. the Prudcnt Investor Act. and Uniform Public t:mployees Pension Pund. We howe Just completed a revision oflhe Alabama Warrant and Indictment Manual. It is being distributed by lhe Administrative Office of Courts M"ld Office of Prosecution Services. This third t dition \\'35 edited by Tommy Smith. who for the past 24 years has been in lhe District Attorney's Office in Th5alloosa and Bessemer. DurinAthe past year the Alabama Supreme Court has approved amendments to the Alabama Hules of Criminal Procedure, In either the rule or comments to the (ollowing rules: nule 1.4 'Venire" 1018197 ' Authority to Issue March Warrants" 1018197 Rule 3.7 ' Crounds for Issuance of Sea.rch Warrants" Rule 3.8 10/8i97 ' Grounds (or Issuance o( Search Warrant" Rule 3,8

8nM1S Hule 3.9(a) Rule 9.1 (b)(2) Rule 9.2 Hull' 16.6 Hule 18.'1 Rule 19.3 Rule 20.3

"Evidence" 8120198 "Defendllflt's I~i ght to be Present" 10/8/97 "Comrllittee Comments" 10/8197 "Committee Comments" 10/8/97 "Committee Comments" 10/8/97 "Separation. Sequestration and Admonitions to Jurors" 1018197 "Judgment of Acquittar 4128198

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Judicial Award of Merit Nominations Due Tho Board of Bar Commissioners of ,nil Alabama Slate Bar Will receive nominations for tho stBIIi bar's Judicial Award of Merit through March 15, 1999. Nominations shotJld be prllpared and mailed to; Keith B. Norman, Secretary Board 01 Bllf Commissioners

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court. trial or appeliatll. who is determined to havo contributed significantly \0 the administration of justice in Alabama. The recipient is p'osented with II crystal gavel bearing tho state bBr soal and the year of presentation. Nominations aro considerod by a throo路momber committll1l8JlPolntlld by the president of the state bar, which th er'! makes B recommendation to the boord of bar commissioners with respec t to II nominee or whe ther the 6ward should be presented in any given yoar, Nominolions should include a detailed biographical profilo of tho nomlr1 oe end iI narrative outlining the significant contribution(s! the nominee has made to the administration of justice. Nominations may be: supported with loUers 01endorsement,

NOV~MDHII

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By Will Hill Tankersley, Jr. hat haAltard man on the st reet corner cllrrying a sign proclaiming "The End Is Near" hils comp.my, namely, Il1wyers carrying their own siAn proclaiming "Year 2000 is Near," Welcome to the world of ';Year 2000," '1'he ~1 i ll ennium OUR," or, foore succi nelly, "Y2K." Looking ahead to the turn of the millennium. it is becoming more and more appllrcrll th:!.t h.:Irtto,.,·are, sofu.,·are and microprocwors might not be able to handle the new miliennium. 1 The problem is that many computer programs, IKlrticularly ~Iegacy" programs from the 1960s and 1970s, saved computer sp.,-w::e by only having a two,digit year identifier in the fields rtflectinR the d.1te, For example, for the dilte of October 12. 1973, the date identifier would be 10112173 instead 0( 101121197J, The Y2K problem beg.ln as a creative soIUti041 to computer limi· t.,tions back in Ihf 1960:1 and 19705. At th.lllime. compoter men\()I)' w;u vel)' OO$tly. Today's lap lOp with 32 meltS of rapid access memoT)l ("RAM") and one gig.lbyle of mCmOT)I on the hard dri\/;! would h.,ve (ost millions in 1970. Programmers vastly reduced the lill'1Olnlt of information they needed 10 input into the system by simply providing a two·year identiner. The COlue· qucnces of this setmingly innocuous programming decision are profound as we a!1>ro..lch ycar "00." But. as far as the computer system "knows," will the year be 2000, or 1900, zero or some bit of o,lla that (ompli:tely shuls down the computer? Without cor· re<:live action. a compu1er system or microprocessor (ould expe· rience a "hllrd crash" mcanlng th.1t the entire system shuts down: or. IIltematively. the system could experience it "soft crMh" mean· Ing that the <1<.101 blost. corrupted or is unintelligible. Predictions as to the consequences of this problem art becom· ing increasingly alarming. Federal Reservt Ch.,irm.111 Alan CreenslKln has .....arned that the computer problems ;woc.i3ted with lhe Year 2000 (ould hurt the United States' economy. See PortUI1~, ~ Industry Wakes Up To Year 2000 Henace," April 27, 1998. On April 22. 1998. the ms Commissioner. Charles ltossotti. predicted that 90 million taxpayers may not get refunds and that

95 percent of the revenue stream in the United Stat ~s could be jeopardized. The IllS alone has plans to spend $1 billion dollllr~ on solving just their 0".'11 problems with the "Millennium BUlflhat's billion with a "II." Some economists predict that the Year 2000 problem has an over·50 percent chance of cl\U5ing a .....orld· wide recCMion. See ~VSJ. Ncws noundup. p. AI. April 22. 1995. $('11 al$q Washington Post, April 28, 1998. "Year 2000 'Bug' to Cost Firms $50 Dillion" ( ~::d\o.'OIrd X.lndeni, chief accountant at Deul$he Morgan CrenfelJlnc. in New York, New York: "60 per cent chance" of recession starting in 2000 beQuse of complder problems.) On April 28, 1998 Federal RueM I10ard Governor Ed\o.oard W. Kelley, Jr. testified to a United St.,tes Senate panel Ulolt lIle potential problem! associated with the Year 2000 problem y.'ere ~ real and serious,~ Kelley testified that Ole pre.liction that the Year 2000 problcn15 would cause a deep reeeuion "'tre ""fOb... ably it stretch," but that remedial efforu for just the United Stil1es' private sector mighl be roughly $50 billion. See http://www.dogJnb'(cd.uYboarddOCSl1.estimonyll9950428(April 28, 1998lestimony of Federal Heserve Covernor Edward W. Kelley, Jr. ~fore the Committee on Commerce. Science and T'ransportation).' The predictlon5 as to the CQ:lts a$.wc1i1ted with rernedying Ihe Year 2000 /lre mind ·~1inll. Correctinll the "source code" t.11l C051 bet.we~., $1.00 and $1.80 per line. Source code can run in the millions of lines.' Information research nrms have estimated that it will cost $300 bil liollto $600 bilHon for II Will H/II

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worldwide resolution of the Yc;!r 2000 problem, General Motors plans to spend $400 million to $550 million to fix its Year 2000 problelTl5, See Fortune. "Industry Wakes Up to the Year 2000 Mcnace,~ April 21, 1998, Chase 1'-1anhattan bank projects $250 million I1S the Cl)$t of just its own Year 2000 remediation plan, lei. Legal casu associated with the Year 2000 problem are evm more staggering. One information tcchnolOjbr advisory firm estimates thnt litigatlon costs IWOClated wilh the Year 2000 problem will approoch $1 trillion. It!. This amount exceed! by Ihredold the annual direct and indirect costs of all civil litigation in the United States, \\.'hich is estimated to be $300 billior, per yellr.' Although the Year 2000 "bug" has not struck. Ihere 3re already exmnples of what a Year 2000 lawsuit mlly look like. In Michigan, a ~rocery store alieges that it installed II cash register system allowing 115 customers to use a credit card to pay (or grocery store purchases. The grocery store alleges that this cash register system was not "Year 2000 compliant" and that cus. tomers who used credit carili; with an expiration date aRer January 1. 2000 found that when they swiped their cards in the cash register system, the entire cash register ~)'Stem, thllt i$llll checkout lirles, were shut down. TIle groctry store alleges severe loss of business as a result of this problem. ProdUCIJ PafoCIJ Int'f II, Tt:C America Corp.• Michigan, M3comb City Cir. Ct.. 6112/1997 filing date. One mnnufaclurcr (toot wishes to remain anonym~u5) experienced a "Year 2000" production line problem becau$e rts computer system did not recognize Ih/lt 1996 was a leap year. The affected comp.l!ly produced industrial solutions and on January I. 1997. production IlrOllOd to a halt. 13y the time the ~ituation was remedied, lipids had hardened in the pipes, costing the company $1 million to replace. &e Fortulle ~Indll s try Wakes Up To Year 2000 Menace,~ April 27, 1998. • "Oatrlch Siaught.,... In 20001 Mnny exec u Uv~s and mally offi cers nnd directors probably hope that there is a "magic bullet"' that will solve the Year 2000 problem with a "click o( the button, ~ One of the few thinl:tS thM is clear aboullhe Year 2000 problem is that this so-called "magic bullet " is little more than a myth. Those offi. cers and directOrs who have taken a ''wait and see- posture may find themselves In 3n "o~ t rich slaU.llhter," where ofticers and directors who have not taken action to addre55 the prob. lem are deftndanti In shareholder dcrivatiYf lawsuits by angry shareholder! demanding to know why effective action was not taken earlier. Some publicly traded companies have already begun to put Year 2000 disclOJures in their annual reports: If Internal system~ do not correctly recognize date infor. m:r.tion when the year changes to 2000. there could be an adverse Impact on the Company's operaliorls .... There can be no assurance that anot her company's failure to

ensure year 2000 capability would not have an advi:rse effect on the Company. Intel 1997 Annual Report. (Report also states lhat likelihood of potential advcr~ imp.1cl due to problems with intemlll systems or producU sold to customers is remote.) Offlcers)nd directors can btnefit by Mving well~stablished recovery plans Mn If UIO!le plans are ultim.~ t ely rIot effective. See PorI City Sla/a Balik v. Anwriam NatiomJIIJullk, Lanton. Okl... homa 486 F".2d 196 (lOth ~i r, 1973) (both officers and directors excused from corp<)rate fail ure dmnages bcCllUse of good faith diS3stcr recover')' plan), 11

Warning Flag. 1'-tore and more organizations are Joining the bind....'agon for raising the visibility of Year 2000 problems. The Emerging tS$ucs Thsk ~'o rcc ("EITn of the Financial Accounting Standards ilo.1rd ("f'ASB"), which is the rule· maklng body for nccQuntanU. has ~en con~idering how businc55C.'$ should treat (or accounting purposes, the implemer\lation of a Year 2000 . corrective plan, So far, the EITfo' has found that some of those expenses OOve to be expensed or currently deducted. rather tOOn capitalized. See http:/rwww.aicpa.org.membersl y2000/intro/htm, The Internal Revenue Service has also issued guidelines for Year 2000 corrective measures. See IRS Rev. Proc.97.5O, 1997-45 Intemal nevenue Bulletin Nil, 1. The United States Securities and Exchange Commissilln has issued a statement alerting public companies aboulthe pauibilily that lhey may need to disclo* inform.,tion in their anrlual reports and quarterly rePOrl$ ;Ibout Year 2000 problems (http:/Avww..sec.gov/ruleslolherlslbdS.hhn).&.oeCredltU"ion Times. April 29, 1998, www.cutimes.com/y2k1yrll»2998. EYfn some comic sIrips are making light of Ihe potential Year 2000 problem, Micl'O$()ft has announced that even Windows 95 NT has "minor" problems with the Y2K Bug (www.microso(t.com.ithome.topic.year.2k1producVwin95.htm) . Oov.rnm.ntal Action Some oTWInl1..o1tions thill have date·*nsitive information are IlIking the painful steps required to assas and remediale Year 2000 problent~. For example, the Social Security Administration ("SSA") for the federal government recciY(!d an "A" in 1996 for its effort.s to address Ye:ar 2000 probletru. The Social Security Administration got an "A" for its efforts because, In 1989, It w;u the first governmental organiz.1lion 10 begin Year 2000 remedill. tioo efforts. As a result of these nine years 01 effort. the SSI\ had worked through 32 million lines of source code (the computer code that C<ln be rC<ld by humans). but it also reported that it needed another 25() man years 10 correct the probltm. (With 250 p('(Iple working on this problem, that mean5 that the Year 2000 problem would t.1ke one year to remedy.) UnforlulUtely, in

November 1997, SSA reported that it had overlooked Ihe fact that it had to include disability information it received from state governments. This owrslghl added another 32 million lines to the task, Mer nine years of effort, SSA is only half ~'ay through ils remediation. Presmtly. only 35 percent of the federal government's "mission critical" syst~ms have been fixed to handle Y2K. Sce Washill.q/otJ Post, April 28. 1998, "Bug." Potentl.1 Liability Officers and directors of corporations. particularly public companies, are probably the individuals who are most at risk at this time. Alabarntl rccogni%es a cause of action against officers and directors for breach of their fiduciary duty. $L'(!. e.g., fJoVkilll'. Ar/hur Amlel".Sl'l1 & Co.. 639 So.2d 504. 508 (Ala. 1994) (shareholder suit agairut officers and directors of bank based on allelled mism.ulag(tI\cnt. among other things). See also Elgin v. Alfa. 598 So.2d 807. 814 (Ala. 1992) (shareholder derivative nction under I~ule 23.1: di:SCuMion of when prior demand is "futile"). However, officers and directors also have the opportuni· ty to \..'J.ke actions Uml could serve them well in the future agairut a shareholder derivative action or a breach of fiduciary actior\' Vendol'$ of hardware. software and microprocessors may also find then'l$elvts subject to breach of warranty claims: however, there are signIficant legal hurdles which wQl.lld have to be cros.~d, SI)fcifically, whether or not a software license is a "sale o( goods" under the U.C.C.,x'(J c.g.. Advent Systems, Lid. II. Unisgs Corp., 925 F.2d 675 (3d Cir. 1991) (software is:. "good" 50 U.C.C. does apply); but see Co/IQpCO /J. McCrrudie. 826 f: Supp. 855, 868·71 (I).NJ. 1993) (U.C.C. does tJOIlipply to agreements that are predominately for service). One area of potential Year 20Q() problems is "rnicroprocessors" or chips that olTi: imbedded in machinery or e(1.lipment. (Hospitals and common carriers may find them.selvu the unex~cted defendants in legal actions resulting from equ:l'lment failures from microprocessors. Some have wondered whether the avionics syslem$l)f aircraft would suffer (rom a similar danger.) Lega' Thicket More slate governments are taking action relative to Year 2000. For example, Georgia Iw passed legislation that excuses the state 1l0000rnmeni (rom civil liability resulting (rom problems nssocillled with the Year 20:>0 "bUll." The statl.lte excuses the state from lillbility under sovereign immunity. &'6 Georgia Senllte Bill G38 Georgia 144th Gennal Assembly enacted 4/10198. One iuut Is whether " raiding~ your competitor's Y2K remedill lions can constitute tortious interference. Alabama cast authority provides examples of the circumstances under which this kind of "employee poaching" wi ll be permitted. St'(!, e.g., IJirmil1gham Th{(1)/sI01l CQrp. /J. DeRamus, 502 So.2d 76 1. 766 lAla. Civ. App. 1986) (description of essential elements for

cl"im of when inducing employee thereby constit'Jting Intentional interference with contractual rel"tions: enforceable contract. absence of justification and injury). Add tionally, the statute of limitations (or contractual and warranty claims may be deemed to run from the time of sale of equipment. &f.I ~it'COr

Liquors LId. II. eRS 1]lIs;,IeSJ Computers Inc.. 613

N.Y.S. 2d 298 (N.Y. App. I)iv. 1994) (revcrwl of denl,,1 of defend,lIlt's motion (or summary judgment) (delivery or light pcn scanner slarted Ihe rUMing "f the statute of limitations). Insurance coverage presents its own special challenge relative to Y2K problems. Comprehensive General Liability ("CeL") policies may incl ude an exclusion for "expected Injurlef' which arguably would Include the expected coming of the millennium. Business interruption policies may only cover "chanct" or "fortuitous"' events which might not include Ihe nalural cominA of the Year 2000, Whether Y2K problems ShOllld be fixed without charge. as opposed to being fixed by an upgrade for which users must pay money. is the subject of a recent class action law5ult In

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&e also hllp:ll~ecurilics. milberg .comlmw·cg. Vendors will likely argue that industry custom protects them. See, e.g., Thomlls 1/. Print/1m' l,'iruJIlce Corp., 566 So.2d 735 (Ala. 1990) (industry practice is Important on the question of whether the defendant acted in good faith) . 1']oweVfr, industry cuslom i~ 1'101 ;m absolute defense. See. e,g .. The r.). /-looper, 60 F.2d 737. 7"0 (2d Cir. 1932) (iland, J.) ((act that tug boats did not customarily carry a radio was nol a faclor in determining liability). ("Court musl in Ihe end set what is requi red: there are precautions that are so imptrativc that even their universal dimgnrd will not excuse thei r omi~5 ion.") Difficult Solution.

The business solutions for Year 2000 problems are particularly hard to swallow because they do not increase the company's Hbollom lint Mand involve highly technical issues concerning which ofr1cers and directors are often unwilling to haVf dired involvermnt, Additionally, one of the major comnonents of a Year 2000 corrective plan is testinll. which may take at least half of the amount of time req\rired to complete the projetl . Once the .. :tual remediation project is underway and pro· grammers are oosite takin" corr« tiw action, a com.,..ny may find itself particularly vulnerable to ~pooc hingH or Mraiding" of these programmers who are a highly scarce commodity, Companies may find thal the original writers of the software object to modifications or derivative works being made of their softwa re and threaten a copyright infringement ;II;tion a.ll;lin$t the company pu rsuing a remediation effort. There may be some help under the copyright statute (or such a copyright challenge. See 17 U.S.C. 1 11 7 ("it is not an infringement for the owner of a copy of a computer prORral'll to make or autho· rize the making of another copy or adaptation of that computer program provided: ( I ) thai $1.Ich new copy or adaptation is crented as an euentia! step in the utilizntion of the compuler program in conjunction with a machine and that is used in no other manner."1Although courts around the country have nol squarely addressed remediation as to Year 2000 problems in Ihe context of a copyright law question, there are cases interpreting I 117 that go both ways. See Aumes v. IJomw/fi, 47 f.3d 23 (2d Cir. 1995) (modification maintenance of $Ortwart by l ice n ~ee is authorized by § 117), but 5~ /l/A/ Systems Corp. II. Peak Conmu/ilr IIIC, , 99 I E2d 51 I (!)Ih Cir. 1993) (licensee I~ not an "owner of a copy" for section 117 purposes). Even more troubling lITe. probl ems I!.Ssocibled with testing (or possible problems created by microprocusors. It is possi. ble Ihatlhe only way to lest Or rnicroprocessor (or a Year 2000 problem i5 to actually "break optn the box" and test the actual chips and microprocessors in the box, However, by taking this

action. the tester may also void whatever warranties Me associated with that machine. Solutions to solVf the Year 2000 problem can be through a ted iou~ "remediation" effort in which the two-di~i t date iden· tifiers In legacy software Me expanded 10 four. di~i l identifiers, or a "windowing" technique is employed in which the computer is euentially "'ooled" into underslandinglhe Year 2000 because it is told that dales that end in a year from zero to 50 will be deemed to be Year 2000 years which occur uflflr years ending in 51 throURh 99. which wi ll be deemed to be "1900" year dates. Unfortunately, these and olher techniques may not be compatible with one anolher. Therefore, a company that solves its own Year 2000 problems may find that its "'lrt icul~r form of Year 2000 compliance is incompatible ..... ith nnother co mpaJly'~ Year 2000 compliance. V•• r 2000 I. Soon.r Than Vou Think It W35 a common technique for data entry ptlsonnel when

faced with a document that did not have ctrtain "date infor· mation"' in il to simply use the highest number they could which was 1999. This mcam that there may be a "mini -crl;lsh" on January I. I999, Another common "placeholder"' dale is 919199. Nlain. lhese "crashes" (if there are anyl could be hard crashes, meaning that all the equipment shuu down, or they could be $ort crashes in which the effects are much more difficult to discern but no leu real, One of Ihe few certllinties about Year 2000 problems is that 5tep~ can be laken now fo r these problems. The!e steps can Include testing ~ l1 d remediation progr;mlS, inquiries to vendors about Year 2000 questions, lc tt c r~ to busine" partners about lhe exact form of their remediation dforU, and contractual provisions addressing Year 2000 problems fo r future or renewed (ontrl;lcts. For those who casually disrri" Ihe predictions of Year 2000 problems, remember Noah. • Endnot •• I

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oulslandlr'IQ "ICleo program In the public relatIOnS co tegot'(. leo TlcheM ProductIonS Of BIrmingham. p!'oducers 0 1 The video. entered If In the competition, which WO$ IQI,Inded In 1980 10 Showcase and recognize outstanding commerclOb, and IKm and video programs. this yeor lh6fe weI'e 10.000 entries In 150 categOfiel. (The video also received a 1997 Medallion Aword 01 Medtlrom the Public Relations Councl 01 Alabama In the ca tegary 0 1 Speclol Public Relations Effort and wos Included In publk: realIoN progrommlng o ffered at the NaTional AssociatIOn of So! Executive's 1997 Communica tions Section WOrk$hop.) 1he luminary Award, from The National Association 0 1 Bor Executlvos Public Relollonsl Communications Section, Is lOf excel19nce. cr9QtMty and professionalism In ba! communications. The

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his article presents the re$ults of a SUM)' of attorneys in Alabama. In this survey. information was collected concerning (a) the ch aracte r i~t ic5 or Alabamlllawyers; (b) opinions about several issues related 10 lhe legal profes路 sion; (e) allitll(ies concerning topics reillted to the perfor. mance of the Alabama State Bar; (d) Informlltit)n about the administr'ltion and e<:onomics of private law practices in Alabama: and (elthe activities of employed attorneys. The SUIve)' was sponsored by the Alahama SI~le B;.r and was conducted by Southern Opinion Research, a private survey research firm located in ThscaIOO$il, Alabama. In 1986, the slate b:tr commiMioned a similar survey. That study .....11$ conducted by the University of AI"b'lma's Capstone Poll. When pos路 sible. this article will compare the re5ulu of the two surveys. [n the cmrent survey. telephone interviews were completed with a random $i1mple of 400 ir'ldividuills selected from the in路 state membership of the Alabanlll State 1)1Ir. Prior to the interviews. the stMe bar mailed a leiter to the laW)'er5 includ路 ed in the sample. explaining the purpose of the project and asking them to participate in the survey. A Southern Opinion Research interviewer then called the respondent and either (Onducted the interview at that time or scheduled an appointment to conduct the interview. The interviews lasted bet\.\'een 20 and 30 minutes and took place between May II and June 5. 1998. Similar procedures were used to conduct the 1986 survey and. whenever possible. the slime Questions were used. All probability $i1mples contain some sampling e rro r~the extent to which the views of respondents differ (rom the views held by the entire poputaliorl from which the sample was selected. For this survey. one can be 95 percent confidenllhat the results fo r each part of the sample are not more than 5 percent different from that ot the entire population of Alabama attorne)ll. Sampling error is lalller when subgroups of respondenu are examined. SamplinA error does not reneet Ihe innuence of other factors, such a $ question wording, question order, or interviewer effect. which can also influence the results of the survey. Coplu of th~ full ~po rt, includIng addillonal economic, lala!,), lind equipmtl nl inform AtiOn, art available from the Alabama SllIte Bar, P.O. Box 67 1, Montgomery. AlabamR 36101-067 1,

PROFiLE OF RLRBRI'lR RrrORNE':JS-199B In 1998, the typical Alllharrill attorney is II white male in his early 405. l'Ie is married to his (jrsl wife and has one or two children. rhe typical Alabama attorney works In ont of the stale's hHgC$t metropolitan counties and is in Ilrivate practice. f.1 o~t of the IlOvernment employed atlorneys in Aillbllm.. fire working al Iht slMe level. The median annu<ll ~rsonal income of AlaMma htlOrneys is between S70,OO~ and $90,000. Almost aU of lhis Income comes from Illw-rtlaled wQrk. Hore private practice (43 per· cent) lhan "olher" attorneys (23 percent) have reported annual income of more than $100,000. folore than half (57 percent) of those admitttd to lhe bar in 1986 Or before have incomes of morc thlln $100,000. compared to 17 percent of thosc admitted since 19S6. The income of Alabama attorneys has risen In the last decade. In 19861he median income of the stllte's attorneys WIIS between $40,000 lind $60,000, compared to the current $70,000 to $90.000. In 1986, about 17 percent of the staLe's attorneys rellorted lin ilnnual income of $100.000 or more. Today. about four-In-ten Alabama lawyers earn more than $100,000 annuall}!. Similarly. in 1986 only 3 percent of attor-

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1986 RnD 1998

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neys hlld an income of more than $200,000. compMed to 12 percent today. (Figure I) The typical Ailibama lawytr is quite satisfied with his career as a lawyer. On II ten.point "very dissatisfied" to "very satisfied~ scale. Alabama attorneyS give an avtrage response of "7.5." Only about 5 percent of the slate's lawyers express di$$iltisfaclion with their career (i.e, scores Ito 4). while 17 percent rate their career as a "10:' In m~ny rnpects. the typical Alabama attorney today Is very similllr to Whil! WilS found in 1986. There are, however. a few dif(erence~ In the characteristics of Alab..lma lawyers. There are now morc women who are attorneys. III 1998. about one·in-live (18 pttccnt) Alab<ll'rl<llawyers are female, compared to about one-in-ten (II perc~ nt ) In 1986. The proportion of attorneys who are black. however. has remained about the same (J percent in 1986 and 3 percent in 1998), The typical Alabama attorney is also now older th)n was the case in 1986. Then about 37 percent o( laW)'tTS wtre 41 years of age or older, compared to 57 percent currently.

BRR ISSUES Quality of Leg.' Education

About 80 percent of the state's attorneys believe that "Alabama law schools adequately prepare law students to become legal practitioners." Only about 15 percellt say that the state's law schools ate nOllidequalely preparing students to practice law. When asked about specific "lawyer-related skills." respondents are most likely to say that the state's law schools art adequately preparing students in the a rellS o( "Ieg.:alanalysis and reasoning" (89 percent) and "legal research" (87 percent). About ~tvcn - in - tcn respondents say Alnbam~ law schools are adequately preparing students in the areas of "recognizing and resolving ethical dilcmma$" (72 percent) and "problem solving" (68 percent). A smaller number of respondents MY that law students are being adequllltly prepared \Ioith regard to "communication" (60 percent) or "litigation and alternative dispute resolution" (SO percent). Less than half of the respondents believe that Alaoomll law schools are adequately preparing students in the areas of "counuling and advising clientj" (44 percen!), "factual investiglllion~ (35 percent) or "negotiation" (34 percent). Only about one in (OUT (26 per· cent) of the rest>ondents sa}! that law students /He being ade· quately prepared regarding the "org.lnization and milnage· ment of legal work." About 83 percent of Allibama ilUorneys say that the stale's law schools ure "adequlllely impressing upon law 51udents the need to adoplthe value of "striving to provide competent reprtsentation," Simi larly. about three·quarters (75 percent) of the respondents say that the state's law schools do an adequate job in promoting the value of "striving to continue

Dr. Jim Ilovall Or ,11m SllMtllII • 1Ot,,* ~

r~* tII'oCI odIIor

v.no hit -"-" lor '"'

8rlt1Ql (lim .~ ) Hl/fM1 ec:v..KratYIIIIt ~, trot IIMrrOlQl*" Nfws

II/'Id IN 'lIIItaloM ,........ He ... pI(J/9WQt 01 ~........, II IN Ur/'4rIIty 01 AIebemt. From 11183-1987 l'1li wu or:KIireCllOr 0I1t\e CapIIOrW Poll

"oyu.pe~

tOOo ".

individunl prof~sMonnl dcvclopmerlL" Also, most resporldcnts say that Alabama law students are adequately prepared regarding the need to "improve the profession" (65 percent) lind to "promote justice, fairness, and morllli!y" (62 percent). Intern"hlp Requirement

About 71 percent of AI"b<'m~ lawyers f"\IOr "a (orm,,1 internship requirement (or new lawyers." Such a pro"ram would cnsure that new l awye r~ were '"bei ng mentorcd by a veteran practitioner." About 26 percent o( the respondent op po~e an intenlship requi rement. Private practice attorneys (68 percent) are less in favor of an internship requirement than are others (82 percent), Also, abou l66 percent of the attorneys working in one of the stale's major melropolit,ln areas (I.e. Jefferson, !'I1~dison , !'I1obi lc, !'I1onlgomery, or TuscaJooSll Counly) fa\lOr an inlern· ship reQl.d remerll, compared 10 82 percent of "non-metropolilan" al\orncys. Disciplinary Actions

Mosl Alabama l awye r~ believe th"t the state b"r is dOing a good Job inve~tigati rlg and proseculing a hics vioilltiorl~. About 32 percent say that the slate bar is accomplishing this responsibility "very well," These results are slightly better lhan those that were obtained in the 1986 survey. (Figure 2) Hespondents are evenly divided on the decision to "add lay members to the Bar's disciplin<lry panels." About 49 percent approve or the decision, while 48 percent disapprove. Private practice lawyers (45 percent) are less in favor of the decision to add lay members Qf the disciplinary p~n e l than arc other allorncys (63 percent).

FlflU" 3

THE NUrlBER OF HOURS SPENT DOING PRO BON O LEGAL WORK HRS CECRERSEO SLIGHTLY SiNCE

19B5

Non •

F1vu,. 2

THE STATE BAR'S InAGE AS A DISC IPll N RR~ UNIT HRS U'lPRO:JEC SINCE 1986

1998

Continuing Legal Education Programs

1988

• •

B.,

Tho•• who •• Id th . I. p. rlorminp It. dl.alplln.r, ' . 'pan.lbmtt•• ''y. rr w.II " a, w. U" Tho. . who •• Id th . 8., I. p. ,lo,mlnfl It. dl.clplln.ry ,.. pon. lbIlIU•• ''nat v • • y w.lI" Or "not w.1I . t . 11"

Ahout 33 percent or the respondents give an "excellent" r~t · ing to the "overall quality" of the "continuing legal education programs" they attended in Alabama during the las\ several years. An additional 48 percent say that the Qu~ lity of these proilrllms has been "good." In 1986, respondents gave similllr ratinj:lS to the continuing legal education progrdms thcy had :lUended within the stale. When asked about altern/ltlve method~ of presenting continu ing legal educ:.lion programs, respondents indicate that they /lrc most interested in attending traditional "classroom instruction and lecture" programs. About 90 percent or the respondents say that they are interested in enrolling in this lype of program. rewer respondents expressed interest in

attending CLE programs offered through "video cassettes" (56 ~rcent), "s.,tellitt TV networks ~ (55 percent) or "over the Intemet ~ (40 percent). Specialization

Only one·in·three of the slat e's attorneys II.re "aware Ihllt II specinlizlltion plan for AIl.blltll<l lawyers is now in place:' About 58 percent of the respondents are, however, interested In being "certified as a specialist." Non.private practice laW)lfTS (51 percent), and those admit· ted to the state bar before 1988 (5 1 ptrctnt) IIrc leu interest· ed in being certirled as a specialist than are private prilctice (62 percent) or "newer" (66 percent) attorneys. Pro Bono Work

Aboul51 percent of Alab.lma attorneys $ay thilt their employer has "a policy which encourages you to devote time to providing free legal services for low· income individuals. ~ About 39 percent of the respondents say that their organization does not have sllch a policy, while 10 percent are uncertain of their employer'S policy reg.uding pro bono v.lork, Similar results 'Ntrc found in the 1986 survey. Alabama atlor.lty~ provided an average of 65 hours of free legal services during the pa5t year. This figure is affected by the fa ct that somea t lorney~ provide a lar"e number of pro bono hours. The median llmount offree legill service hours provided by Alabama attorneys during the I<l$t year is 27 hours, About 19 ~rcent of lhe respondents (compared to 14 percent in 1986) say that they did no pro bono work during the pasl year, An additional 19 percent provide ten or fewer hours of free lego11 services. (Figure 3) About 84 percent of Alabama llltorneys are aware of the "State Bar's Volunteer l..awyers Prog ram. ~ About 24 percent of the respondent~ $;ly lhat they have Pilrlicipated in the pro· gram. Those who have not p.1Tticipaled in the Volunteer Lawyers I'rogram explilin this decision by citing a lack of time for pro oono work (30 percent) or tht fact that Ihey already are involved in such activities in their local area (20 percent),

Rn""N'STRRT"'N RNn EcnNn""cs 1..11 III II

I 11..11 I

I 11..1

WI IVI II

OF PRliJRTE PRACTICE Compo.ltlon of Law Firms

Private pra.ctice a.ttorneys were asked a number of QUes· lions about their firms. In terms of the number of various types of attorne)'5, the composition of Alabamll. law firms has changed little since 1986. For example, ilbout 38 percent of private practice attorneys lire in organizations with One or more "solo practitioners or proprietors," In 1986, about 40 ptrcent of private practice attorneys were in such organiza· tions, Simililr results ....'(re round when respondents were asked about the m.mber of IIIW)'tTS '\0,'00 art partners or shareholders," ~who are of counsel.~ or ....... ho are associates. w

Compared to 1986 (30 percent), more respondenls (48 percent) now rtport working in an orllanization which employs one or more "non.lawyer administrators," Le5S change is found when respondenlJ Are asked about the employment of "accountll.nts or bookkecl)ers," "stcretaries and , 'erical slaff," or "messengers." F•••

Tht relative importll.nce of factors affecting the fees chargtd by private practice firms has changed little since 1986, About 64 percent of the respondents say that Ihe "amount of time spent on i\ project" is a Wvery important" factor In determin· ing the fees charged by their organiza. tion, An additional 33 percent say that time spent is an "important" facto r in detHmillillg fees. About 40 percent of respondents $ay that the "experience of the lawytr work· lnll on a project" is a. very in'(lOrt.1nt faclor in determining fees. About 40 percent So'y that experience is an important factor. About three·fourths of th~ reSl>onden(5501)l thllt the "custom of the community" and "the ciient's ability to pay" are either very important or Important factors in determining the fces charged by their organillltions. About 60 percent give similar very important or important ratings to the "re5ults accomplished or the size of the scttlement" (63 per· cent), the "preclusion of other work" (59 percent ) or the "novelty of ql.lestions presented" (59 percent). About 42 percent say that they walwilYs·· enter into an "employment contract with a client before performing service," In 1986, about 27 percent of private practice attorneys alv.·ays used an employment contract Some 46 percent of private practice attorneys U1y they "always" keep time records. About 52 percent 5IIylhat they alwilYs "actively use time records to bill clients." About one in five Alabama private practice attorneys say that they never handle a case on a contingency basis, About 17 percent $ay tlk't more than twlf of their cases are handled on a contingency basis. About half (53 perccnt) of the private practice attorneys handling co.ltingency cases $ay that, if they win. they receive, on aver3ge, 33 percent of the award. Aboul II percent receive less than 33 percent of Ihe reward, while about 25 percent receive, on average, lit leilst 40 percent of the reward. Among private practice attorneys who, at least sometimes, use an hourly rate, the average rate charged is $ 129 per hour, while Ihe median rate is $125, About 19 percent charge more than SISO per hour, Only about 14 percent char"e Ius Ihan $100 per hour. In 1986, only 18 percellt of Alabama private prbctlce Mlorney~ charged more than $100 per hour. Ov. rh•• d About one-fifth of private practice attorneys say that "OVcrhead costs~ consumed 50 percent of their organiution's gross income during the Iilst accounting year, An addilional33 per· cent $ay that o~'erhelld costs consumed between 40 and 50 NOVU~lItA

11100 I HO

Filiure 4

Flgu,. G

PEI?CENTRGE OF GROSS INCOME OEVOTED TO OVE~HERO COSTS HRS GONE UP

HOURS WORKED PER WEEK . THEN AND NOW

SO%ormono 41.110%

_1886

... ... .

31-40%

Computerized L.g.1 R •••• rch

percent of their o rganiziltion '~ grO$$ income. Overlll!, over· heild co~h con~uml:d more of privllte practice organizations' income in 19981han II did in 1986. (Figure 4) Tim.

About 73 percent of employed attorneys (i,e, individ\lills currently working as an attorney) say lhilt in 1997, on ilverage, they spent more lhiln 40 hours eilch week doing "professional work and related activities," About 37 percent ~y that they work more than 50 hours a week, on average. on profu . sional work, and 8 percenl reporl working more Ih,'1J1 60 hours ellch week. Overall , the numbct of hours private practice aUorneys rtporl working in 1998 Is about the same as lhat found in 1986. (Figure 5) A~ W<lS lhe COile In 1986. private practice attorneys report that they spend less than hal( of the time consumed by legill mailers Oil litigation activities. Aboul 12 percent (compared to 13 percent in 1986) say thilt alilheir (eg.11 work islaken up with litigation, Office Equipment Aboul nine in ten employed ;l ttorn~ hOi\'(: llCCCU within their org.1ni1.ation to d personal computer (88 percent), a fax machine (88 percent) <lnd a photocopy machine (86 l>ercenl), Most lliso h,lVe <lcce~~ to "elecll'onic or computerized phone systems" (78 percent), "te l ~phone conferencing capabilities" (75 percent). II '·terminal for computerized legal research" (66 percent). II I>ostage meter (60 percent), an "automated answering/call rout· ing" system (56 percent). voice mail (54 percent), ilnd celiulM telephones (54 percent). Mo.sl respor"ldenl$ ~y that their organiz.ation does not hil~ any memory typt.'Writers, word processors, telex machines or video-conferencing cap.~bililles. 3 .. 0

.. ovmMIl~R .008

About 77 percent of the employed attorney respondents say that their o r~ani1..ation used a "computerized legal research service in the pMt year." Priv&te practice attorneys (78 percent) are more likely than others (6 1 percent) to say thill their fi rm had used a computerized legal research service. Simi l<lTly, melropolitiln attorneys (79 percent) are more likely to be in organizations using such services than are others (67 percent). In 1986. le55 lh~n h~lr (42 pacent) 5aid their organiziltion used a computerized legal research service within the past year. Among those report.ing the use of a computerized research service, about 46 percent S<ly that their organization had used the Wc~tlllw service. while 16 percent said the I.EXI S service was used. About 18 percent say their organi7.l1tion used both the Westlaw and LEXIS service, u •• of Internet

About three-quarters of employed Alabama att(lrney$ fo:Iy that they have acccssto the Internet. Of those with access, about 65 percenl say that they h<lve used the Inlerlltl within the past three months. T h(m~ not using the: Internet explain thi ~ by sayin!!: Ihe:y lack information about computers (49 per· cent). or are not interested In u51ng the Internet (17 percent), AmoT'l1! u~ers, mo~t respondents (54 percent) say that they arc mosl likely to use the Internet "at the office" rather than "at home" (28 t)ercent). About one-third (36 percent) S<lY they usc the [nlernet seven or more limes a week. Americ<l On· Line is Ihe most frequently used service to gain <lCtess to the Internet. Amount of Work

f>lost employed Alabama law}'ers say that they (52 percent) and their organization (55 percent) have "about the right amount of work." About 38 percent of Alabama attorneys.say that they have "more work"than they can handle, In 1986.

about 31 percent said they h."ld more work than they could handle. About 8 percent (compared to 7 percent in 1986) say thilt they do not have "enough work" to keep them busy. Simi larly. by a 35·to·6 percent margin. respondents say Ih<lt their org'miowlion has too much rather thlm tl)() litlle work. In 1986. aboul 27 percent of respondent! 5Jlid their organiUltion was Ollerloaded with work.

'Ig~'

ATTENDANCE AT ANNUAL neeTIMGS IS SLIGHTLY DOUN. How many Alebama State Bar Annual Moollngs t'£IlIfl you att&Oded during the IlIst 1M! years?

BRR SERI):CES RND RESPDNS:S:UT1ES Alab.m. St.t. S.r Publlc.Uon. Itespondents are genernlly &alisfied with the publications of the state bar. About 48 percent say thai The Alu/xllll(l [,A/wl/er perrorms "lIery well" in it! efforts to provide "informiltion and !ubslilntive articles of interest to I'ncmbcrs." An additional 48 percent believe that the publication performs this function "adeq~mtely. ~ Respondents gave a similar po!ilive evaluation to The Alabama [.aU'IIUT in Ihe 1986 survey. Anolher publication of Ihe state bar. the ADDENDUM newsleller. is rat(d as "\!try useful" by about 18 percent of thc respondents. An ~dditional65 percent say that theIlOOEN/JU/IIls "solllewiut useful." Only ilbout 8 percent or the respondents say the publication i5 "not useful al all." St.t. S., St.ff Aboul 59 percent of Alabama lawyers say tlul they are "geneT<llIy f~miliar with Ihe state bar slafr and their functions." In 1986. aboul the same number, 63 Ilercent, said Ihey were familiar with the stale bar staff. Attorneys adm!tled 10 the AI/lbMl1l1 bar in 1986 or before (66 percent) Ilre more f~milillr with Ihe 51<11e bar staff than are "newer" Alabama lawyers (5 1 percent). f thOR who ~y they /Ire familiar wilh Ihe slMe bar staff. about 72 percent say the size of the stafr is "about right. Almost ~II (95 percent) of these respondents 5/ly that the staff is "courteous and helpful." Similar resull$ were found in the 1986 survey.

N_. ,,,.

Annual Meetings About II percent of Ihe respondents say that they attended the 1997 Annual Meeting or the Alllbama Siale Bar. In the 1986 5UI'\Iey. Ilbout 17 percent of the respondents said lhat they had attended the previous year's meeting of the slale bar. Simi larly. almost half (47 percent) of the respondents 5/ly Ihat have not lluended any of the last five annual meetings o( the state bar. An addilional 25 percellt have attended only one of Ihe last five annual meetln~. Aboul 3 percent of Ihe respondenls have attended each of the last five annual meetings. In the 1986 survey. about 35 percent of Ihe respondenlli said that they had not Ilttended any of the state bar's annual meetings within the last five year!. (Figure 6) Failure 10 attend /lny of the last fi\!t annual meetings Is higher aflloflg !\On-private practice attorneys (57 percent) and those from non-metrOllOlitan co(mties (54 percent) than it is among private practice (44 percent) or metropolitan (44 per· cent) lawyers. Among lhose who did not attend Ihe 1997 Annual Meeting, about 59 percent $;1;)' their decision was affected by scheduling problems. About 31 percent of these respondents 5/Iy Ihilt

.."

NOM

.." On.

they did not attend th~ meeting because of a "lack or inter· esl." About 18 percent did not attend because of "the location of the meeting.~ Leu than one In ten respondents "lY their decision not to ~Ueod the annual meeting was affected by ~ t he high cost o( attending" (9 percellt). or ~c.aU5e "the meet in!! was not educational enough" (8 percent), or because of a "poor choice of sociHI evenls atlhe meetinll" (2 percent). Overall , the reasons the 1998 respondents gave (or nOI attending the annual meeting were simi lar to those found in the 1986 survey. The exception to this pattern is that more 1998 respondents (31 percent) say that they did not attend because of a "lack ofinteresl." In 1986, about 17 percent of the "non ·allendees~ gave this respon$~. • NOY~Mncn

,g""'l.'

REGISTRATION

FORM

e Bench and Bar

Joint Meeting of

\, )

The State an 'Federal Council Embassy Suites Hotel' Montgomery, Alabama

January 21 -22, 1999 A joint meeting of the Bench and Bar and the State and I~cdera l Council wi ll be held January 21路22, 1999 at the Embassy Suiles I'lole] in Montgomery. The meeti ng is sponsored by the AJ<lbama Judidill College, the Adm inistrative Office of Courts. the Circui t and District Judges Association, and the AI(lbama State Bar. Atotal of8.3 CLE hours has been approved. The $60 registration fee includes lunch on January 21. Tickets to the joint reception at 6 p.m. on January 21 may be purchased for S15 each. Sem inar topics incl ude: "Cou rts Under Attack: Problematic Communication"; "Scheduling Conflicts: Attorney Client Calendar ConOict Resolution Order"; "Discovery in Federal and Slale Courts"; "Federal and Slale Courts-Compilring Issues in Cri mina! Matters"; "Standards of Civil ity in the Alabama Legal Community"; and "Civi l Law and Domestic Helations Law Updates." Nallle:: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Address: _ _ _ _ _ _ __ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Te lc phonc: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

o o D o D o

Enclosed is my regLmation fcc of $60.00 for th is trai ni ng sessio n.

I willlltiend the reception ~I 6:00 p. m. on Januol'Y21, 1999 J will have II guest (s) at $ 15,00 each :II the recepti on, 1 wi l! not aueno the

recept ion. Total ;lnlOunt of check enclosed, Mnke check payable to: AJ CFA

Mnilthe form a nd check by Jllllllary 7, 1999 to: T he Alab::llll:l Judicial College 300 Dexter Ave nue MOllt ~oll1 e r y, Alubillllll 36 104 Sp~lI1 sorcd by lhe-Alnbmna Judiciul College, lhc-Adfllil1i~lralive Office or Cvu!'t~, the Circuit lind Di ~t rict Judge, A~~oci j'IIOf1~ ilIldl he AlllhilJl\iI SI.,lc RM A.,~ocimi()n.

JU N OVE .. n UIl1 990

o YEA! 0 YEA! J\n J\lahama 1Gafu~er ~oes to 1Gonoon Allisoll Alford was one of two recipients of the 1997 Pegasus Trust SdwlafshlJ}.

The Pegasus Trust Scholarship (!(Iab/cs Americun IlIIvvers to studv It'ilh British ww /.or(/s and lJa"isters throughout Great Britain. The scholarship is IIIflde of)(li/oble to mumbers 01 the AmeriCf//f hms 01 Court. ~tlford is (l member of the Ilugh Maddox 11m oreourt, MOlltgomorll, Alabama.

arvelousl Brilliant! Superbl Stupe!'ldOU$! Words simply C"!'Ioot describe the fabulous periences I had on my Pegasus 1'rust Scholllrship.' In the early morning hours ofPebrual)' I, 1997, Jan MIchelson, my fellow Pegasus Scholar, and I arrived in London's Heathrow Airport. via British Airways. The Honorllble Society of the Inner Temple! sent a c." and we were whisked away from the airport to the city. As the sun was rising, I caujlht my first

By Allison I.. Alford

glimpse of London, I will nl!\'er forget the ride into town. TI'\e fog was lilting in the air and smoke was rising from chimneys as Londoners were waking up 10 begin their day. Everything was unfamlliar the buildings, homes, Cllrs, and peopleand so much was passing before my eyes: I felt M though I had stepped into a page in history. I CO\lld not ....·ait to see and cxperitnce everything firsthand, My British hosts arranged a tiny base· ment nllt in tht fashionable I.ondon neighborhood known as Pimllco prior to our arrivlll. Although il WilS Quilt dif· fe rent from my American home In 1>lontgomery. Alabama, the accommoda· tion$ were comparable to those young Barristers and Solicitors might hold. Esther nadclifr. a kind repreltnlative from the Inner Temple Trea!Urer's Office, nnf.l shortly after our arrival and offered to brhlg oV(:r 11 few staple items from lhe local grocer, a~ well as some helpful words of Ildvice on tran5pQrta' tion, shopping and our first ....,ork assignment. After meeting briefly wilh Esther. both Jan and I decidtd to sleep off some of the jet lag from our trip and gather our bearings the next day. The nexl day, I set 0(( readillg every l.ondoncr'$ necessary city map encom· p;15sed in the book calkd "London Ato Z" (pronounced ~A to Zed~). Aller I walked a few blocks. the sub.....ay system, known M "the tube~ or M lhe Underground," .....as

-====-====:..:===-_...:==:. . __. :.__...:'''''~~ted~.•~nd~,~g~o~1

_M~'_'_"_"_"_~_m_'~_'___

my first glimpse of the

TM A/<I6or"", l.-,n

N OV~ "' Or.R

loon "113

people and personalities of London. I learned very quickl), that nl)' Southern ....'ays ....w ld require some adaptation if I wanted to expeneoce m)' time as a Pegasll5 Scholar in true British st),le. 1 was read)' to aCO!pt the challenge and excitedl), prtpar芦i for ttl)' legal and amba$s:tdor expericnces. Si nce 1993. I have worked IlS an aS50路 ciate In" 16路allornc)' litigation lirm in f.10ntgomery, Alalxlma. Allhe firm. I have had a wide and \'aried "insurance de(ense~ practice involving personal injury, medical and legal malpractice, emplo)'ment law, product liability, fraud, and civil rights litigation. As such, I was interested in obselVi ng Barristers' with gcnerlil law prllctices, as wcll as seeing tr.e English Ju ry 5y51ent. 13ecau~e Montgomery hns n rich civil righu heritilge, [ thought it would be wonderful to obselVe and lenrn about the development of civil rights in Englnnd. In addition, having clerked for United States District Judge Harold Albritton, I was engaged with the idea of servinSi as a Ju~lte's f.1arshal. The English Inns of Court did an excellent job accommodating my requests. I was assign芦! to the Chambers of SOIm outstanding Ba.msters and had 11 delightful ....'eck or Marshal ~rvice in 13ri5tol, Englr.nd, In addition, visiu to various couru in and around London wue arranged. and inform.1!ive court experiences extended to Belfast, Northern Ireland. and Edinburgh, Scotl;lTId. The English Icg:.1 system 15 quite different from that of the Arneric:.n Aygtem. One could "Imos! say Ihllt II would be hard 10 imagine that the two legal systems shared a common founda lion. English judges at all levels /He appointed b), al'arllamentary Commillee. Since England has no individual geographical areas such as states. there is likewise no federal and state system; rather, there is Just one s)'stem and bod)' of law, IMI being English I.. w. Although England don not havt .. federal and state court system, the couru function in a si milar respect to American couru, The Royal Courts of Justice, or High Courts, are located in .... loI o"n.II .... 0..

l..ondon. llnd hear more complex and subject-oriented t)'pe mailers. ~'or example. a case sounding in admiralty or commercial law would t)'picall)' be

heard before a High Court judge in l.Dndon rather than a count)' judge in a particular COUllty. There are exceptions. howevtr. and somt actions that fall within the jurisdiction of the Iligh Court mil)' be htard by a High Court judge traveling on circuit or, if the parties agree, a Count),Court judge. A Count)' Court is louted in each I-:nglish count)'. They function much as the

lower local state courts do. hearing local matters and some High Court matters where the partin haw selected a Count)' Court. On the criminal side, there is an elltirel), stparate court s)'!tem, Unlike American trial courts, wh.ch hear both civil and criminal matters. England. (or the most part, separates criminal and civil matters. ~-o r example, a criminal case pending in l..ondon would be heard by a judge speciali~i ng in crime in one of the Crown CourU rather than in a High Court. The Old Baile)' is a (amous Crown Court h.1ndling onl)' serious criminlll mailers, At the County Court lc\'el, howe\lfr, judges hear both civil and crirnhml matters. Both civil and criminal cases are appealed to the Court o( Appeals, which is made liP of 36 members who sit in three-member p.1nels when hearing appeals. An), appeal taken from the Court of Appeals 15 t:.ken to the l'louse of I.ords. One final level of appeal lies in the Privy Council. which hears appeals from England. Wales. Scotland, Northern Ireland. and all of the British Commonwealth countries. On the first official da), of the Kholarship, Pegasus Scholars from the United States, as ....'ell as those from the British Common.....ealth countries, were treMe<!

to 3 tour of the Hol.lu of Lords and the House of Commons. We then wlllched part of" ScottlMlllppeal being argued before the 1·louse of Lords. the British version of the United Statu Supreme Court. A special luncheon hlld been arr"nged (or us In a private conferent;e room in the IloUM! of l.ords, with the Ht. I-Ion. the Lord Coff of Chievly. the Senior Law Lord and equl\'alent to the Chicf Justice of the United States Supreme Court.' After lunch. we were able to observe an appeal from Hans Kong beinJl argued in the Privy Council. The Ilrivy Council handles the al>Peals from the Iiouse of Lords and all of the British Commonwealth countries. II!, luc.k would have it, the Privy Coundl is located next door to No, \0 Downing Street. the British Prime Minister's residence, and we were able to pop over for a treasured photogrllph, During the first month of the scholar· ship, J was assignfd to the Chambers of Brian Doctor of F'ounL,ln Court.' DurinR my assignmellt, I ac.tually shllred t-Ir.I)octors office. He deared off a spot for me 00 the end of his desk. I SIIllhrough all of his telephone calls and meetings. AI first. this practice .....as very uncomfortable. for me, because I WIIS accustomed to a simIle office and privacy. It was somewhat unnerving to hear rotr. Doctor nkike calls to his wife ~nd work on his kitchen rcnovatlons, In addition to handling leglll mailers. After a while, hOWfvtr. I grew accustomed to our 3rrllnllements and SIlw it for what it really wu-a fabulous opportunity! The pr;lCtice of allowing younger n.,rrislers 10 share office space with senior 11Ilrristers is an old one, IUld I believe It offers m:my benefits to the young /lIlrrlster, YounS Barristers observe more experienced Barristers In everydlY activities of the practice of law and learn "up clO$C" how phone calls, meetings with Solicitors or clien15, trial preparalions and virtually evtry fDcet of the praclice of low arc handled. In addition, another ptrson is Immediately available with whom to discuss potential Ideas. All in all, I belieYt it promotes the ethics of the profession. as \IIlt1l as provides 11 great learning tool for Ml)'One involved.

While Interning al Fountain Court, t was primarily involved In an extradition matter between South Africa and England. I assisted rolr, Doctor by conducting research on the extradition statutes in various countries around the world, [Iellrned very q~lkkly that few of the statutory systems are as indexed and cross·referenced as those In America. I then conducted reS4'art.h in the American I~eporter SYJtem and Dises!s to verify the opponent'J authorities and determine if any jurisdiction In America

fbullluin Courl

provided authority to support the position of t-1r. Doctor's client. It Wa5 quilt comforting to find myself in the very familiar American research system, The extradition mailer wu being pre· pared for a trial to commence during the last ....'Cek of my a»ignment at Fountain Court. ~ such. I was able to observe finaltr'al preparations. Since the matter WIlS proceeding wit hout it hlry, as almost all clvilllct1on~ do in England, trial preparations were quite different than thO$C in which I \\'QuId have engaRed. For example, in Alal):lma., during the weeks leading up to trial. I would have been preparing questions (or witnesses, markinR exhibits, prepar· ing witnesscs, dTlIftin~ motions In 11m· ine. prellllrlnll charges for the Jury, drafting jury voir dire, and studying juror information. By contrast. r-lr, Doctor met with Solicitors who wcre familiar with the witnesses and prepared the witnesses for trial. reviewed prior witness statements, prepared a skeleton argument (brieffor the court) and updated bundles of indexed documents lind papers fo r the court. I had the privilege of sitti", alongside t-1r. Doctor during 1M trial of the extradition matter. I will never forgelthe feel ings I experienced as I \\'alked into a

courtroom in the Royal Courts 0( Justice, The wall! v,'ere made of dark wooden panels. An intricate carving of the royal insignia Wa.$ mour'lted on the framework of the judg~ '5 bench above hi~ head. $helYH 1\lld rows of books lined the willis of the courtroom. II looked positillely ancient. I could only imagine lhe countless nOilters oller hundreds of years that had been argued in the room. As I watched the proceedings. I was struck by the level of profe»ionali$m it among the Barristers and Solicitors. and the dd~r cnee to the Court. During lhe week of trial. I noticed (Iuite a Ilumber of differences between the British system alld the American system. First. there is lhe obvious difference in the dress and headdrw of the parties involvtd. JUdS:Cl are referred to U ""1y I.ord" or HYour I.ord$hip.- British Judgl.'5 and Law l.ords art drcsstd in II shortly cut wig with long curls in the back. Depending upon which division of court in which they sit. lhey wear II black robe with different t~' pes and colors of Insignia. Barristers also wear wigs and gowns. The will' of lhe Barristers are di((erenl from those of the judges in that they Ilavt tightly w(II,md tll ri S on Ihe side of Ihe wig. A Ilarrister may wtar one of two typts of robes, depending upon his or her status, The Queen designates" Barri5ter who has rellched the pinnllcle of the profession by bting awarded the honor of "Queen's Counsel" or "Q.C.". Queen's Counsel weHr robes made of si lk, t ilt slightly differently from the more ordinary and pl8in black robes worn by other Barristers. llarristcr5 rectiYinll the "Q.C." designation are often referred to as H5i1ks" btQuse of the silk rol)(!s they wear. Solicitors, on the other hand. wur dllrk suits with plain shirts or blouses lind nOimal headdress." The judge's entrance into the courtroom is announced by two knocks jusl before his or her arrillal. The judge enters the cou rtroom and bows 10 the Uarrislers. who return a simultllneou$

bow. Anyone entering or leaving the courtroom durlng any proceedinll must bow to the judge upon entry lind dep..1rture. Although the formality of the dress and manner of persons inwllled in court proceedi ngs is so mew h~t dry and outdated. it seems to invoke II higher level of professiontllism among lIn who brc involved in court proceedings.'

decision is handed down shortly after the trial condudes. This i5 vtry different from the court practices in Alabama. Unless the trial is by jury. judges typically wait weeks or months hefore reaching a deci510n. One aspect of procedure th3t amazed and barned me was the lack of new technology to record testImony, With the exception of one matter that I observed in the Old Bailey. none of the prOteedings was taken by a court reporter, and only one other was taken down by tapt recorder. The judges maintained trial notebooks in which they took copious notes. This proYided for a high lellel of interest on their part,'15 well 35 an intense understanding of matters before them. During all proceedings, Solicitol'S. who sit on the row in front of or bthlnd their respe<:live l!arrister$, t<lke very detailed notes of the procetdings. In !.he event <In ilPpeal is taken, tht Sollciton must agree on the tenimony presented before the Court to be forwarded to the Appeltate Court. It would appellr, however. lhat this mClhodolog» would Ifave open for dispute certain matten ofwitneS5 t\$timony. While this lTlIIy not create prob· lems in England, in America I am afraid it onen would be virtually impossible for zealous oPpO$inA counstl to agree upon certain important or conlrOversial ~p«ts of II witness's testimony. My time with Brinn Doctor also provided mt with the opportunity to see the English legal aid system. Unlike America. all Solicitors and Barristers are Ptlid an hourly fate, If a litillMt does not haye sufficient funds 10 pursue litig.,tion. or runs out of funds during the protess. he or she Qn apply to the Ltgal Aid Hoard, which in tum makes a decision about whether the litigant's c.ut merits funding. If legal aid is approvtd. the litigant then selects a Solicitor of choice, and the Solicitor then seletts a Barrister, The Solicitors and Barristm are paid their usualnte, n ther thnn a "courtapproved" rate, and the litigant has the right to pick representation of his Or her

"You do not have to say anything, but may harm your defense if you do not mention when questioned something upon which you later rely in court, and anything you say may be given in evidence. " The next most obvious di((erence lies In Ihe amount of time spent on matters befort the Court. Time never appeared to be a concern in the proceedings. The Judges and Law Lords were content to hear all arguments, ask many quutions, lind make sure that they completely understood the 1sSUU before them. ror example. the trial thllt I ob5erved while interning at Pountaln Court was originally scheduled to begin on a Monday. The Barristers feceillf:d word on the prior Thursd<ly that the Judges in charlie of the trial had decided to take a "reading day" 50 that they could fllmi liarize lhemsel\"es with the facts. submitted testimony, and bundles of documents filed by the parties, As tht trial prOteeded oyer the next three days, the par t ie~ directed the Court to relevll"t submitted l'Vidence, discussed legal authorities and spent II substantial amount of tlme answering questions from the Court. Members of the British legal system at all levels are amllzed that the United States Supreme Court, as well as many apPtllate courts in thc federa l and state systems, limits the arllument of the parties to 30 minutes or les$. At the conclusion of the trial, the Court anrlounced thalli would render Its decision the next week. Typically, a

own choosing. If le",ll aid is denied, then somewhat isoillted facility, the lItmQ5the litigant c:m IIppeal this decision. phere was ailTlOSt like U\/It of:! weekend In Mr. Doctor's cue. the litigant hll.d camp. We ate all of our meals together, run out of funds durlr'lg the pr()(eed· attended seminars and group sessions ing5. The Legal Aid Board approved together, and participated in a cabaret and funding for the continuation of the trial "talent show'" production on Saturday level proceedinll;S, which the Htigant evening. Song books were J)"ssed out and ultlmlllely lost. After lOlling at the trial cwr)'One ",ng along. It was much (un and level, the litigant (lpplied for funding to provided a gre:!t opportunity to "et to appeal lhe case. The Boord denied the know the people in atttnd.:mce. litill;anl"s request for appellate funding, An invitation to Cumberland Lodge and the litigant \la.~ appealing Ihis decibrings wilh it the opportunity to auend sion. Apparently, lhe potential success Sund:.y services next door. The residence next door happens to belong to I InH of the merits plays a suostantii\1 role in thi$ decision, The Board ultimMely Queen Elizabeth. the Queen f.10ther. On denied the litigant's request. Since her private estntt there is a small ch.1pel England employs the '" IOMr pays" rule, a where the !toyal Family rell;ularJy attends litigant'$ cosl.$ can be quite expensive, services. The chapd is 51Th111, but beauti· Including :!11orneys' fees and costs for ful. On the Sunday I attended, approxi· bot h the plaintiff and defendanl. mately 30 to 40 people were In \l.ttenAt the end of February. Jan and I pred,1nce, including HRB Queen Elizabeth pared to attend a It"'11 retreat sponsored by the Inner ""'-< < .......... '. ,,,! Thmple. Un(orlurullely, we got off to a slow start httaus<: the London underground lrnnsportation s)'5tcm Wit! closed due to a bomb threaL [)uring my three-month stay in London. bomb threats ....'ere frequent occurrences. Londoners seem to take these kinw of annoyances and inconvenientta in stride and simply adjust by u$ing alternative transl)Qrtatlon. After a orief period, I. too, learned to plan for these potential internLptions. f.lany Alabama legal semi· !\/Irs lITe held in (un·fliled locales at various b;:,LCheS or in the mountaln~. In En~land, the legal seminar \I'as held at an historic buildin", We ....'ere (ortunate enough to join members of the Inner Temple at Cumberland l..od~e in Windsor Great Par~ , not too far from London. Cumberland Lodlte is a for· mer royal residencf, and spe. cial permission mu~t be "iven to use its f'Lcllities. 5 f\J1JW llul/dlngs Since Cumberland Lodlte is a

.- •

II, HU H Prlnce Edw~rd and his girlfriend. and BIUI Queen Eliz.lbcth, the Queen Mother. It \\'ll! Quite an experiencel During the second month of the Pegasus Trust Scholarship, I was wigned to a set of /Jarrislel'S' chambers I)racticinll; criminal law, located lit 5 Paj)er Buildings, I was assigned 10 Oliver Sells, Q.C. While Interning)t 5 Paper Buildings, I was able to obstTve many criminal courts, both inside and outside of London. The opportunity to spend an enlire month in lind around the criminal practice 3110wed me to I:xperience England's jury s)'5tem to tht fullest. As expeded, the criminal practice i5 Quite different from tMt in America. The Crown Prosecution Service (CPS) is the closest equivalent to the American U. S. Attorney or state district attorney's office. CPS acts ILS a Solicitor and is resporuible for liaising the various law enforcement agenCies, as well as eng3Jt· ing a Barrister to prosecute the case. As with civil cases, ,.f<'. criminal barristers practice from both sides o( the Ilench, f or instance, at a morning "bits ~nd piC{:es" (whlll we would rc(er to as a docket 0111 or Kheduling conference), I ooserved ~ Barrister addre~ing two case$ M a prosecutinlt attorney and two case5 a511 defense attorney, This "switch hilting" is quite /I novel concept in America. where it is felt that prosecuting attorney, should be totally committed to prose· cuting wrongful offenders, It is my belief, hO\\'cwr, that the opportu!li!y to both prostCute and defend allows Barristers to e!lgage in a more even·handed approach to the law. During my internship at 5 I~pe r Buildings, I .....as able to observe the selec· tion of scveral Hnglish juries. The 12-person Jut')' is stilllhe funtJ amcntill foundation of the jury con-

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cepl. The selection process, however, p lay~ II much leu important role in the 拢ngllsh system thim it does in America, For example, the first jury which I obselVed being slruck was compleled in a matter of minules. The Judge's Clctk had a large list of index cards which contained names of potential jurors. The names of 12 persons were drawn from this potential panel, and the persons were brought into the cou rtroom .u,d Illnced In the jut')' box. At thaI point, the Clerk called lhe nilme of the first potential juror. If the B<lrristeu or defendants had any objettion to any of the potential jurors, they must have objected within Ii few seconds. or else the perSOn was sworn in as a juror in Ihe case. The Clerk lft'O uld lhen Cllilihe next name On the list. In regard to the potenlial jurors. no prospecti\'e jury listl were circulated in advance of the trial, no juror questionnaires were tomplcted, and certainly no juror con5ul13nl.$ \\'tre involved in the 5elettion process. As expected, not a sin!:!lc objection was made \0 a potenti,,1 juror. and each Ift'M ,U

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quickly sworn in and seated to become a member of the jul')', There are (urther differences in the operation o( the jury, Althou"h the ~at 颅 cd jul')' begins with a panel of 12.lh(! case can continue so long as len jurors are present. In addition. aftcr dtllbera路 lioos begin. the judge can make cerlain decisions with rcg.ud to the jury. For example, if thl: jury has been deliberating for an hour or 1"1\'0 and has not reached a verdict. the judge C/In bring it back in and instruct it thllt a verdict may be accepted (rom ten IlerSOnS, There is no requirement of II "ur.animous" decision. The layout o( the courtroom facilities is also di ffe rent than Ihat of :In American courtroom. Th(! defendant ;s plated in a "dock,~ which is l)'I"Iically located in the center rtar of the courlroom, facing the judge, The dock is usually a box protected (rom the public by some sort of plullc glass or other type o( barrier. The De(ense Barrister may be off to the side, or several rows in (ront o( his or her client. In any event, the defendant does not 51t nexl to his

Solicitor or Barrister. This would appear to be a tremendous disadvantage to the repre$cntllli()n of the defendant. As concerns the "righls' of the accused. there is obviously no such thillg as a Miromla II. Arizona warning. Apparently. England did at one time have a warning similar to that utili zed by American law enforcemenl officers. A need was seen, however, in recent years, to change Ihe fo rmal of the warning, and it now is as follows: ''You do not have to 5<l~ anything, but it may harm your defense if )'Q(I do not mention when questioned somcthinA upon which you later rely in court. and anything you say may be given in evidence." During the trial. the JUT)' is advised as to whether this warning ...'as given to the potential defendant. Law enforce路 ment officns are able to comment on whether the defendllnt was silent or provided some relevanlln(ormation to a potential defense to the crime. The Judge may also comment to the jurors

on the inferences they may draw if the deferldant chose to be silent when questioned or when testifying in court, One final nol<lble difference lies in the Trial Judge's role in jury matters, In i::nglllnd, the Judg( is free to Slrm uplhe le5timony of the trial. A5 indicated above, he or she is responsible fOr ("king copi. ous notes during the tri.11 of matten which he or she perceives to be relevant to II determilkltion In Ihe mauer. A~ a result, the Trial Judge is fref, al the end of the trial, to drilw attention 10 or place emphasis on certain evidence for the jury. Obviously, this riltM Ciln playa very powerful role in the outcome 0{ a case.

housed as a part of the Scott ish court sys· tem. In the librlu'y, Nhocates find a spot at a library table where tht)' C41n spread out papers or do research. In the corridors surrounding Ihe library. all of the AdllOClltcs, for there are only about 350 in aUof Scotland, have a large wooden box in which they receive papers from Solicitors or their clients. Since they do rIot have offices. Advocatu wear betpers or pagers. and if a Solicitor, clerk or other person calls the library, a Ihl(1e is placed. Il11d the~ walk to one of the few public phonu In th ~ library. If they have II large case, [he Advocate may take papers home to work, but by and large. they work out of their box or at their spot ~ t lhe library table, The Scottish Advocates wear Engli~ h style dress, including a robe and wig. Their necktie style of dress is a bit dif· fe rent, For younger Advocates, it is a white bow-tie, and fo r silks. it is a longer style necktie. The Advocates tlllll and Courtroom arc what used to be Scottish Parliament buildings. They have about four trial level courts and three to four rooms to hear Qses before the Court of Appeal. About 20 judges fill the various courtroom fllcillties. ru in the English sy5tem, Appellate judges sit in three or four judge pJnels. f'or criminal ca5e~, the Court of Appeal is the finllllevt l of appe31. In civil cases. how· ever. there is the ability to to the 1·louse of Lords in London. Included in Ule Scottish Court System is the old Parliament 11311 . which is now an empty, wide-ope:n building. Croups of Barristers and Solicitors. or groups of Bllrrislers and clerks, pace up and down the long hall by tradition. A5they pllee down one end of the long hall, they dis· cuss or work out leg.·tl issues. When they reach the end. they simply tum and begin walking back the other way. As I walked into this room. I 50lW large num· bers of people simply p:lCing b.1ck ilnd forth. It scem~ to be II quite effective way 10 discuss a case because no one can ~ rhear a conversation. as people are p3cing back and forth . Typically. approximately 15 young Advocllles joi n the Fac~llty every year. We were presented with .. unique opportunity during our visit, in that one

Advocate WM joining on th ~ day that we .....ere present. The Advoc.ate and (amily members 3re invited to a small service in a room near the Courtrooms. A number of Advocates were present for the ceremony which consisted of a reading about the Individual btllng presented for admiuion. At the conclusion o( the present3lion, Advocates were given the opportunily to make any objection to the new Advocate's admission. After the question i~ Ilut and tim ~ has passed, Advocates stomp the floor as a sign o( apprO\lal. At that time. the Master of Ceremonies leads the procession o( individuals present at the :admission ceremony into lhe middle of an onAoinll court proceeding. The f.1asltr of Ceremonies and Advocate then bang Into the courtroom, 1>J$S lht bar. and present themselves to the Judge. The Master a~ks the Judlle to recognite the new Advocille. The Judge s~an in the new Advoc3le during the middle of lhe

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Ouring March. [was also able to observe proceedings in lhe Scottish court system. Although Scotl:md is under the authority of Cre.1t Uritllin. it has main· tained its own lov.-er level legal system and tenninology. For example. thHe are. no Il,wyers, attorneys or Bllrristers. A member of the legal profession is arl Advocate who is iI member of the Faculty 0{ Advocates, rather than iI bar associa· tion, or an Inn of Court. It appears thlll Scottish Advocates refer to themselves as a ~'aculty because of the colleAii'le atmos· phere in which the)' work. Indeed. they keep "office" in the library. which is

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trial proceeding and the Advocate then dOll! his or her robe and wig. The Judge typically is aware in advance that this will happen and is prep.)red to make a few comments lbout the Advocate, At the conclusion of the Judge's comments, the admi»ion proceeding lC3~S the courtroom. and the Judge resumes with his prior tri31 proceedings. During April.lhe third and final month of my vilit. I int~rned with a set of Barristers practicing civil rights ¥Iork ilL No, 14 Tooks Court. The specialization in Ihe area of civil rights or human rights i5 a very new thing in England. I attended hCllrifllsllnd tr;als concerning family court matters, ilS well as mailers involving the preservation of b,ISic human rights in criminal case5. During a family I:O\l rt trial. the mother decided not 10 take the Jtand or call any witnesses. The Judge decided he wanted to hear from the mother and thus called and quenioned her himself. I was 31so ablt to observe Quite anum· ber of extradition matters in which return to a requesting country was denied on human rights grounds because there Wil5 concern about fair treatment by the requesting country's legal syslem, or about their methods of p\lnishment. The typical route for an appeal in a humln rights CMe would follow a norm,''11 route from the High Court. to Ihe Court of Appeals to the I-louse of

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Lords. At that point. however. there is the possibility of a further ap/W;JI to the European Court of Human I~igh t s. Most of the EllrO/Willl n.1tions are members, and they provide repre5entatlw5 who sit on the Court. The Court of Il uman Rights is l()C.;ltcti in Brussels. Iklgium. Unfortunately, [ did not have an opportunity to :«:e the ellfortement of law at this 1(:\IC1on a firsthand basis. During the month of April, arrange· ments were made for U5 to attend court proceedings in Belfast. Northern Ireland, Upon our arriviJl into Ilelfast. our taxi driver offertd us an unofficial tour of the dty. Since it did not appear

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that Bcl fa~t had an official "tourism bureau," we decided to take our taxi driver up on his offer. He took us around the F~lIs Church !load area where a lot of the Protestant·Catholic fighting has occurred, There were b.lrdcade walls in place with b;lrbed wire at the top. Armed officers in camounage uniforms were placed in various locations throullhoul the area, The policr slatiol\s "Ilere completely barricadtd with bombproof 1I.'3I1s. b;lrl)l!d wire :and sUMillance cameras. It wa5 qui:e a changt from the pl/lces I had seen in my shel· tered American life. Amlllgements had been made for us to observe ongoing courl proceedings. We were able to observe jury selection (or a c.1se about to begin trial in the Crown Court. Jury selectirm in Northern Ireland is sliAhtly different than thalln Enlthllld. The Clerk draw5 the name~ of 20 people who are placed in tht jury box. ~:nch side 11M the right to strike 12 jurors without cause. AI that point. the partiu arc given the opJl(lrtullity to strike 12 more persons (or cause. Once 12 Jurors are settled into the box. the Clerk confirms their names and advises that the first one named in the box is the foreperson o( the jury. During our brief visit. we al$O had the opportunity to observt a portion of a murder trial involving an Irish Republican Army member. Since the trial Involved a member ci the IRA, no jury was present. and wilnesse$ lI.'ere

Ilrotccted from sight by the use of cur· tains surrounding the jl,ll)' box where the witness provided testimony, Obviously, there i$ no right of con· frontation of wilne5Se! in terrorisl cases, The absence of II jl,ll)' in a case such iI5 thi! and the protection of the witness is referred to as the Oiplock System, after I.ord Diplock, who (ilthered the practice. Apparently, at some PQint, it became too haU\rdou5 for the Northern Irish to function ill the Court System either as a witness or a juror. As a result. this system was created so th:lt decisions ilrc made by the judlle rather than a jury lind witnesses are provided with M much protection 35 possible. The final week d the Scholarship was spent "marshaling' for a High Court Judge on Circuit Typically. Il igh Court Judges are located in London and will hear matters in lhtir jurisdiction out on Circuit. much the way our fede ral court judges do within their district. I was assigned to spend II week with The /lonorable "1r. Juslice Neal Bulterfield. who specializes In criminal law. My time on Circuit was in the belluUful city of Bristol. England. Judges in England do not have law clerks to il5sist them ll5 American fed er· al court Judges and many state court judges do, They are, however, provided with a "Clerk" who handles all scheduling, reviews papers. and sCl'Yes many of the functiOns of a law clerk, with the exception of assistance in research. and the drafting of decisions andlor opinions. "Ir. Justice Butterfield's Clerk, Norman Davies, was a most inform"Uw: ami and a delightful individual. The po$ition of Marshal is quite a his· torical one, It originated when folarshals were essentially responsible for the pro· tection of the Judge as he traveled from Circuit to Circuit. These days, hQWCVtr. the High Courl Judges are occasionally allowed the privilege of having II.

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MMshal assist them .... jtb minor matters. Judge Butterfield and Mr. Davies decided to put me to the test. I opened Court with the traditional, "0 Yea, 0 Yea" entr:,"ce. swore in witnesses with my Southern Alabama accent. and said "grace~ at dinner parties during which we entertained local B~rristers and dig· nitaries. The expressions on the fllces of some of the witne5Ses whom I swore In wert quite a treat. They certainly did not expect to be asked to repeat the oath for the English court system from a young, female Alnerican attorney. A thru-story home referred to as "Judge's 1(Hlllings" was my home for the week. Homes like this ue provided for Ilillh Court Judges throughout all of England, "Ir. and "ITS. Tommy, who were in charge of the household and staff, Yo'ere present and 'Nailing to assist with any need5 or requuts. We were treated to a semi·formal breakfast and usually had dinner parties for local counsel and dlgnitilries during the evening. Our tran~portatlon to and from court consisted of a chauffeur-driven Daimler or Jaguar. On the la$t day of my marshall ing experience .....-e traVfled to the city of Swindall where Judge But.terfield handled some llending matlers and met with local Judlles and bllrristers. Aspe· cialluncheon had been arranged (or us with 1115 Honour Judge John fol cN~u"h t and other judicial officers. It was ama~· ing to compare and conlrast the way Judge McNaught /lIld the other judicial officers In Swindon handled cases with the way cases are handled ill Alabama, Although the majority of my time was spent working with the liarristers. Solicitors and Judges to whom I was assigned, I was able, due to my proximl· ty to London's West End, to see many wonderful plllYs and mu~lcilJS. Also. [ was able to spend quite a bit of time sightseeing In LQndon. visiting such places as the British fo1 U5tum, the Nalional Callery. the Tower of London, Westminster Abbey, SI, Paul's Cathedral. and other wonderful and historical sites. Trips were extended to Bath. Oxford, Cambridge, Stratford. Stonehenge. nnd many other lovely cltiu in England.

l'iJi/ I/;/h 1M Nt. 1/00. ThIt /QrI G«f oIChicl'16 II/ /hit Ale NII/Ioonl Cot,ftrl'ffi('W in f'rirralOtI

My experience on the Pcg.1;US Scholarship exceeded every t'.~pectation possible. All of the people with whom I h.ld conlatt were generous both with their time and energy. As I d~cribed my experiences to young local Barristers, they were constantly <Imll.1.ed at the wealth of opportunities that had been

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provided to me TIle I'egasus Scholarship afforded me eve!')' llO$Sible occasion to

see England and the British lego11 system lhat I could have imallincd, It wa.~ Imly a tife·changing experience. • Endnot•• 1

annuaIy, 1M PtoMut n ...., Sc:t!oWIhIp two MttrICtn ~ willi !he 0IlP0frunIty 10 II\I<ty willi EngQh S.rriI_1n London.

VI.,IS 10 COUIIS iI EfIOIIInd, 5ooI1ena_ NOrt""," Ir.rancllr. lleo Ilfl"l/fd " V\lJIo\IJ In,.rv~l.

ClE Opportunities Tha Alalmma ~ anda t llry ClE Commission continually e~aluates and approves in·state. as well as nationwide. programs whrch are maintaine\l in a computer datab<lse All are idenllfie<l by spaniOl', location, dille and specialty area FOf a complete lisMy of current ClE opportunities Of a calendar, contact the MCLE Commission olflCe 8t (334) 269·1515, eXlernlionl56 Of 158. Of you may view II complete liSting of current progr8111S at the st8te bar's Web s~e, wwwBlsbiJrOfg,

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Alabama Mediation and Arbitration Training

~ 0IIr'0IlIflI. Barrill...' oIfIOtI

(Approved for e l E credi t and Alabama Center lor Dispute Resolution roster regis tra:ion)

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November 11 -15 Montgomery Divorce M ediation School lor Dispute Resolution (l emOlne Pierce)

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November 19·2 1 Montgomery M ediation Proce.. 8c the Skills 01 Conflict R.olutlon litigation Alternatives, Inc. (Troy Smith) (800) ADR·FI AM (888) ADRCLE3 22 Hours

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December 7-9 Mobile Mediation Pro<:ess 8c the Skills of Conflict Resolution litigation Alternatives, Inc . (TrOY Smith) (SOO) ADA-FlAM (Saa) ADRClE3 22 Hours December 7-\ \ Montgomery Divorce Mediation Skills Jones School of l aw Prol essors Anthony Miler ~Pepperdlne) and Jennifer Kresge Odaho) (334 ) 26().610 1

December 3·5 Birmingham Mediation Process 8c the Skills 01 Conflict R.olutlon LItigation Alierna t!Ves, Inc. (Troy Smith) (600) ADA·FIAM (888) ADRClE3 22 Hours

40 Hours

Note: To data, all courses except those noted have been approved by the Center. Please check Ihe Interim Mediator Standards and Aeglstra tion Procedures to make sure course hours listed w~1 satisfy the regis\r8tio'l requirements, For addl\lonal out-ol-state training, Including courses in Atlan ta, Georgia, cell the Alabama Center for Dispute Aesolution at 1334J 269-0409

:,~~"""'::=-~::::::::::::::::::::::::::::::::::::::::::::::::::::::::~

-C""K;.....

Notice Notice IS hereby glVOn 10 Charl es Timothy Koch 01 Mobile,

AI(lbllmo tha t he nust respond to the chargos In disciplinary tile

ASB No. 98· 141(A) Within 30 days 'rom the date of this publicotron, NOIIO!l1bor 15. 1998 F811UfO 10 respond shall result in further action by the Office 01 General Coonsel,

lASe No. 98·141(A)1

• On April 17. 1998, Birmingham lawyer Rhonda Nunn was suspended by the Alabama Supreme Court for a period of 120 days. This suspension is effective on MllY 15. 1998, and Is the result of diSCiplinary proceedings held before the [)j~ciplinary Board of the Alabama State Bar. IASB No. 95· 1161 • r..10ntgomery attorney Robert Mitchell Alton. Jr. was inter· imly sU5pended (rom the practice of law by order of the Oisciplinary Commission effective February 13. 1998. Wet. No. 98.01] Public R.prlmands

DI •• blllty

• Birmingham attorney Wule), Thoma. Nelli was transferred to dlMlbility inactive status. pursuant to Rule 27{c). Alabama Rules of Disciplinary Procedure. by order of l'anel lV of the

Disciplinal')' Board of the Alabama Slale Rar effective August 20. 1998. Inuit 27; Pel. No. 97.091 Rolnstatement

• On August 4. 199B, Eul3W lawyer WilHam Sidney Underwood was leinslalet.i on the roll of the Alab,1ma Supreme Court as an attorney authorized to practice law in the courts of Alabama. Wet. No. 97-00 11 Disbarments

•

Hunl 5vi ll ~

"Horney WIlier Ju per I)rke, Jr. consented to disbarment ba~ed upon his felony conviction for Ixmk fraud. By order of the Supreme Cou rt of Alabama, Price's name was stricken from the roll of attorne~ licensed to practice law, effective April 25. 1996. consistent with the surrender· of·license date.tRule 23(a): Pel. No. 97·051

• Pelham lawyer William f.' tUx Mathew. was disbarred from the pract ice of law in the State of Alabama by order of Ihe Supreme Court of Ainbnma. c({cclive May 8. 1998. Mathews' disbarment was oosed 1.I \>on fl ndin.Q$ by the Disciplinary lJoord of th~ AIl.lb-ama State Ba.r that he violated the follow· ing Rules of Professional Conduct 1.3 (Diligence]. 1.4(a) [Communication[. I.IG(d) [J)eclinlng or Terminating Representation1. 8. I(b) IBar Admissions and Disciplinary r.1attersland 8.4 (al (cl & (g) IHisconductl. IASB Nos. 96· 368,97· 11 5 & 97·193) Susp.nslons

• Oirminghllm attorney Carol Ann Hu muuen was interimly suspended from the practice of law by order of the Disciplinary Commi~ion effectIve September 15. 1998. IPe!. No. 98·081

• Birmingham nttorn~y Joe \\'ll8on Morgan. Jr. received II public reprimand without general publication Ptlrsuanl to an order of the disciplinary bo.'\rd of the Alabama State Bar. In 1995. Morgan wa~ employed to handle a crimh..... 1appeal. r.1organ was paid a total of 52,500 for his services. Mler being so employed Norgan failed or refused to file the appeal or to take any other leg.11 aclion on behllif of his client. Another aUorney was appointed by the tri~ 1 court to handle lhe IIppei\1i\nd the attorney did so. In 1996. Horg.,n refunded the client 52.000 of the 52.500 fee Pilid to him. but the remaining amount was not refunded until formal charges were filed against him by the Office of Ceneral Counsel. IASB. No. 96·200(AlI • On September 18. 1998. r.tobile attorney John William I)arku r~ce ived a publlc reprimand wi thout general publica· tion in three separate cllses. The reprimand was a result of PMkcr's having entered a condition411guilty plea in each of the following 1Tl<1lters: In ASH No. 97· 168. the Discipli nary Commissioo found thilt Parker failed to provide competent reprucntation to a client and thlll he fail ed to reasonably communicate with his client during the course of the represcnt41tion. This find · ing WIlS based upon Parker's failure to engage in any mean. ingful discovery, his f~ilure to offer legally sufflcienl expert testimony in response to the defendllnt's motion (or sum· mnry judgment and his failu re to advise the client of the court's adverse ruling. thus denying the client her riitht to appea1. The Commission considered Parker'S agreement to make rHtil\Jtion to this client in excess of $8.000. In ASS No. 97· 125. the Disciplinary Commission round that Pllrker willfully neglected a leglll malter, faild to rell· sonably communicatt with lhe clients during the course of the representation and charged II clearly excessive fee. This finding was based upon Parker's repeated advice to his clients o( the certainty of their legal position when. In (act. their legal position was not as certain as he represented. and his unn~essary delay of the resolution of the matter. while " O"'~"D~1l

'uUQ' JUl

at the Stl me ff:t~

The Law Office Management ~sistance Program The law Offlce Milnilgemen\ Assistance Program (lOMAp) Is a dearlng·hCl.Jse for Information on all a5p«ts of the operntlon al'ld Il'lilnagemcnl of the modem law office, fofmore Informlt1on or to request confidential asslS1ance with your office operations contact: l aura A. (alloway, LOMAP Director The Alabama State Bar

P. O. Box 671.415 Dexter Avenue Montgomery. Al36101 (334) 269-1515, ext. 116 I(alloway@alabar.org

tim~

billing the

clic Jl t~

for Ilddilionall1tlOrnc),',

which he could not document. It is noted lhal the

Disdplinary Commission considered that Parker agreed to mllke tcstitutior\ to lhese clients in exces~ of S12,000. In ASB No 96· 184, the Disciplinary Commission found that I'arker hlld willfull y neglected legal matters ent r(Lsted [0 him, (ailed to reasonilbly communicate with clients and charged clearly excessive fees. In this matter, a grievance was fi led "gainsl Parker by IwO former clilployees which contained a "laundry lisl" of allcgations of misconduct with reference 10 5pecific clicnts' C.'lSC!. A rcvicw of the files sub· mitted by Parker at the request of the Omce of General Counsel revealed lhal he failed to account for time spent and fccs charged in each case, that he failed to reduce con· tingency.fee agreements 10 writing. that he .unended con· tingency fee agreements during the course r:i his representation, and that he failed to communicate with clients regarding the status of their cases. schedu ling appointments or court appearances, In ASH No. 97·246, the Disciplinary Commission found Parker guilty of violating Hule 1.1 5 because of his faHure 10 milintain II tl'\l~l llCCOullt M required by that rule. Parker :tdmitted that. for a signific<lnt period of time. he operated with onl: account and commirlglcd both attorney and client fUilds in th,'l.t account. M discipline in this matler Parker was ordered to be suspended from the practice of law for a period of 91 days, the imposition of that suspension was suspended and Parker was placed on probation for a period of two years. As a condition of probation. Parker agreed to maintilin $25,000 on deposit in trusl in the event of fulurt client c l ~inls and to abide by other conditions of probation as ordered. [ASI3 Nos. 96-1&1, 97-125. 97· 168 & 97·246J •

IMPORTANT! Licenses/Special Membership Dues for 1998-99 All licenses to practico law, as well as spacial memberships, lire sold through the AlabAIllA State BAr heAdquaMers. In mid-Septamber, a dual invoico to bo used by both annua l license holders (lnd spacial members, was mailed to every lawyer currontly in good standing with tho bor. If you are 8ctivuly practicing or anticipate practicing law in Alabama between October 1. 1998 lind September 30, 1999, pl90se be

~u ru

that you purchase an occupationallicensa. Licenses ore $250 for Ihe 1998·99 bor yellr and paymeot should

have blliUl RECEIVED blllWeon Octobor 1 and Octobor 31 in or~or to avoid an automatic 15 parcant penalty ($37.501. Second notices wil NOT be senti An attarn9Ynot9ngolled In th9 private praclic9 of law in AI8bama may pay tha special membership faa of $t2510 be con· sidered a member in good standing. Upon receipt of pa ym ~n t, those who purchase a license wil be mailod Bliconso and a wallot-siza liconSIl for identification purposes. Those 91ecting special membership wi ll ba sent a wallet-size ID cord for both identification and receipt purpOSO$.

If you did not receive an invoice, please notify Diane Weldon, membership services director, at 800·354· 6154 (;n-'18" WATS) or (334)269-1515, ext. 136, IMMEDIATElYI

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IPLl

Wlhnln!Clon, DE 19890

/1')ITI/eUioutll Litlbi/i/y Il/surtllICe, JU(,

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Attorneys'

INSU RANCE.

~dvantage ' Prv'_hmal LUlI>iIlIJ'~"'"

011 ,,__ab,. Ter...

RECENT DECISIONS flU IVt1liam N, IJoo.'f!1I, Jr" Rachel Sunders-Cochran alld Wilbur G, SiI/Jcml(JtI

Recent DecisionsCivil Alabama Supreme Court

enforce. partl••' agreement to arblt,at. alttlough court find. remalnde, of contract nonblndlngj court find. doctrln•• of unconscionability and mutu-

ality remedy Inapplicable to arbitration agreement. Ex parte McNaughton (/ofcNaughtol/

United fleollhcate Senliees, Il1c.) _ So. 2d.-, fob. 196 1708 (All'" August 28, 1998). Plaintiff, upon accepting atwill employment with defendant, /J,

acknowledged receiPt of an e mplo~e handbook. The handbook expressly sial· ed that it wa" non-binding, other than us to the urbi/rillion provisioll COIltaini!(} theftill. Although tht arbitration provision reQuired the plaintiff to sub· mit all emplOYMent.related claims IIg11inst the em~ loyer to arbitration. the employtr retained the right to pursue judicial remedies against the plaint iff, Moreover. the handbook reserved to Ihe employer the right to "II Iter. amend. modify. or reV(lke Ih is [arbitratlon[ poli.

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cy at its sole and abwlute discretion at My time with or without notite." Whcn an employment-related dispute. ,I105e between the plaintiff and the employer. the trial court compelled pillintifrs claim to arbitration Plaintiff l)Ctitloned for II writ of mandamu ~ di recting the circuit court to vacate its order com· pelling arbitration of her claims. In sup· port of her mandamus petition. plaintiff argued that the employee handbook. including the arbitration allreement. wa5 non·binding an ~ . therefore. unen· forceab le. Alternatively. plaintiff argued that the ilrbitration claust was void under the doctrines of uncon&eiOl\llbJII· tyllack of mutuality o( remedy. The court rejected plaintifrs (irst argument. noting that under general contract principles. parties may agree to be bound by certain clauses contained in a standard contract while refusing 10 be bound by other cla~t5 contained in that same contract. The court found that the plaintiff and employ~ r in this case had agreed to be bound by tht arbitration agreement while expressly agreeing thnt they would not be bound by any of the rem3ining terms contained In Ihlll employee handbook. Further. the court found lhat the employer'S provision of at·will court held that the plaintiffs agreement to arbitrate was binding, To hold otherwise. Ihe court concluded. would violate the mandate of {Joe/or 's Associates, /I1C. IJ. Qlsarotto. 517 U.S. 68 1,687 (1996). in which the United States Supreme Court held that. "Congru~ precluded S\.IItes from sin· gling out arbitration provisions fo r sus· pect status, requiring instead that such provisions be placed 'upon lhe same footing as other contracts: The court also rejected plaintiffs claim that the arbitration agreement was void under the dO(:trin(:S of uncon· H

. . MOnIIIO"*Y

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scionability/mutuality of r~mcdy. In MAuing that the arbitration agreement wns unconscionable and lacked mutual· ity of remedy, plaintiff relied heavily upon the case of Nortlleom. l.Id. v. Jamts. 694 So. 2d 1329 (.Il ia. 1997). in which two justices of the court had previously stated. in die/11m: [lIn n case involving a contract of adhesion. if it is not shown that Ihe parly in an inferior bargaining posi· tion had a meaningful choice of agreeing to arbitration or not. and if the sunerior p.uty has reserved to itself the choice of arbitration or litiIUItion. a court may deny the superior PMty'S motion to compel arbitration based on the doctrines of mutuality of remedy and unconscionability. Norillrom. 694 So. 2d a11338. A five-to·

four majority of the court rejected Ihe dictum of NorlhCQm. stating that "[alrbltration is not inherently unconscionable. fol0rtover. becauu arbitra· tion is not a remedy. bula choict as to the forum in which remedies may be sought . the court found the mutuality of remedy doctrine inapplicable 10 Ilgreements to arbitrate. H

AI.b.m. Supreme Court .ddr••••• clrcum.t.nce. under which non.lgn.tory may compel .rbltratlon and propriety 01 cl •••-wlde .rbltratlon proceedings Med Center Cars. Inc.. d/b/a Mer! Cellter Mazda /J. Smith el of.• _ So .

2d - ' fob. 19602 14 ~Ala .. September 4. 1998). In this group or consolidated cases involving claims of conspiracy to violale the Alabama Mini·Code against automobilt dealers and financing companies arising from the plaintiffs' purchast of new vehicles. th~ Alll.bama

Supreme Court IIddrU$ed the ci rcum· stances under which a non·signatory may compel arbitration and whether, in a class action, a t,illl court mlly properly certUy an arbitration sub·class. In affirming tho: trial court's refusal to allow the non·signalories 10 compel arbi· tration, the court noted that the arbltralion allreenlenu filmed only the plaintiffs and the signatory dealers: the agreementJ to arbitrate did not $~ciflcal1y reference third parties nor did they conlain general language thaI could be constnll.>d to reach the claims aMerted 1Ig.1hul nonsignatories. HoreOlltr, the court refu5ed to allow the non·signatories to compel arbitration on the basis of plaintiffs' con· spiracy allegations. The Alabama Suprerne Court held that, based on the language of plaintiffs' complaints. it was unclear whether the claims asserted ~g.'lnst lhe non.signlltories were "inter· twined" with those claim~ ,,""erled ,,"Wlin!! the signatories as required for application of equiuble estoppel. The court found it signifiant that the plaintiffs' claims of corupiracy specifically IIlleged thai ony oombilUltioll oftlefl!/l' {{onfs con.~pired to yiolllle Alabama's f'.lini·Code, an allelUltion that could be fou nd to include only signatories or only non.signMories. Under either of those scenarios. the court noted. the claims asserted against t~ non·signatories would not be intertwined with those asserted against Ult signatories. However. the court recognized that, If the eYldence supported the prOl>osilion thllt signato' ries and non·signatories h.,d conspired together, the trial court could Ihen prop· erly compel the plaintiffs to arbitrate their claims against the non.signatories. Additionally, II significant number of the proposed plaintiff class had signed pre.dispute arbit ration agreements with Ihe defendlmts. Th ~ defendants opposed clus certifi cation on the ground that the existence of thue arbitration agree· ments precluded class treatment, unless the language in t ~ir arbitration aR:ree· menU specifically prOYided for classwide arbitration. OYer lhe defendants' obJections, the trial court cerlified three subclasses, one incllldi ng alll}]aintiff5 who signed arbitration agreements. The Alabama Supreme Court ,,"cknowledged that class·wide arbitra· tion offered certain benefits. such as efficient resolution of common claims

and judicial economy. However, the court rea.soned. allowin.ll class-wide arbitration proceedings, absent an expreS5 prQYision in the arbitration agreement itself, would alter the agree· ment of the parties IlOd contruycne the requirement of section 4 of the Fed~ral Arbitration Act to "rigorously enforce arbitration agreements." Thus, the court reYened the trial court's certification of tm arbit ration mbclau. In so holding. the Alabama Supreme Court adopted the rationale of the Second, Fifth. Sixth, Eighth, Ninth, and t::leYenth circuits.

Overruling prior c ••••• Alabama Supreme Court hold. that, for purpo••• of .upp ....• .Ion claim, .xl.tenc. of duty to dl.clo•• I. alway. que.tlon 0' law tor trial court Sfofe Form Fire & Cas. Co, v. OU'i?II, _ So. 2d _, Ms. 196 1950 (Ala.. August 21. 1998). Plaintiff insured !'I diamond engagement rinllunder a State Farm personal articles policy. She alleged that Slate Farm's agent told her she needed to have the ring appraised "to see how much insur(tnce she need· ed." The ring appraised for $ I ,000 al1d State Parm issued a "replacement cost" policy. The ring was later stolen and plaintiff filed a claim u'lder the policy. seeking to recover the Yalue of the ring. Slate Farm paid plaintiff $898.70, the amount it would ha'le cost State I~arm 10 replace the ring LhrOIlJth its discount 'lendors, as eKpressly authorized under the terms of the policy. Plaint iff sued State Farm and its agent, allegin" they misled her into belieYing that her policy would pay the appraised value of the ring in the event of a los5, and Ihllt they failed to inform her thnt allPYIlisal yal· ues lire often innated, and that State Fllrlll would never pay ~Iaintj (( more than iIJ discounted replacement cost. eYen though her premium was based on an innated appraisal value. The trial judge granted a directed verdict on plaintiffs misrepresentation claims but submitted to the jury the question of whether State Farm had II duty to disclose and whether it had breached thllt duty. The jUry returned a yerdict for plllinUff. llwardin" $1.339 in compen· satory dal'nages and $1,300.000 in pun). tiyt damages.

On OIPpeaJ, the Alabama Supreme Court re'lersed the judgment in favor of plaintiff and rendered a judgment for Stlile ~·a rm. Noting the prior conflict in Alabama's law on this i5~ueJ the court oyerruled the line of COIstS t1ll1t glye to the Jury the resporuibllity (l ( determining whether the defendllrlt had a duty 10 disclose. The court analyzed the various functions of the trial judge and jury and held that, for purposes of a suppression clOIim.the Question of whether II duty to disclose exists is always a question for the trllli court. The court aIm offered suggested reYisions to Alabama I'Dltern Jury Illst ruction 18.08, to further clarify the respective roles of the trial judge and the jury.

Recent DecisionsCriminal

I am priIJilt'f/''(/ and hOllonw 10 IJalie bi!ell ashtd 10 participate in Ihe prepo· ralioll of summories of recent criminal CUM'S for The Alabama l.awyer. Ny objoclillC is to prtS(!1lt os muny impor. Itllli COSl'S as possiblc wifhln fhe Iimilt'CI 5IHIC/J rt'qllircmcnfs of this flllblication. Whlle Ihis formof diffurs from fhal preSl!l1t(.'l1 bl/lxlllid B. Byme. Jr.. t will endt'tloor 10 mail1laill the scholarship and 1!XC/!II1!I1u David has estoblished.

Without question, the crimina] law CMe which has created the most contro· versy most recently is Uniled Siaies v. Singlefon, (No. 97-3 178, Jul ~ 1, 1998, 10th Circuit). There, a three-judge panel held that the federal bribery s,"'tute is

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1IP1)1ia.ble to the government and includes plea agreements between a defendant and i prfÂťeCutor: "We conclude that liS U.S.C.I Â§ 201(c)(2) applies 10 federal prOstcutol'$ who make promists lor leniencyl (or or because of testimonyon bthalf of the government." ThaI decision was vacated and rehellring ClI Ixmc WM granted on July 10. 1998. with oral argument set for November. Ile aware thlll one fede ral district judije for the Southern District of 1;'lorida reached the s.lme conclusion in Unitetl St(fte.~ v. I.owerl/. (No. 97-368-CR-ZLOCII. August 4. 1998), while another fl-deral district judge in the saml: district (omld UUlt such an interpretation works an "obvious ab5u rdity.~ United S{(Iles v. Guillaume. (No. 97-6007-CR. August 3, 1998). I:.:r INlriu Donald Ray Prtlziur. No. 196204 1 (Ala" July 24, 1998).Juslice Almon. Frllzier was convicted of robbery. Ilecounting the dangers inherent in a one-man shOW-uD. the supreme cou rt reversed his conviction because o( an improper pretTi.. 1identific.1tiol\ procedure which occurred at the sherifrs

department between three and (our and one-hour hours afttr lhe crime. The courl found thai there wert no exigent circumSlanceslO justify the one-m,m identification. Ihat Fraaier was not apprehended in dinct night from the community of the crime, that the idenW'lciltion was not made at the scene of the crime. that the witneu's lifc w:u not in ~uch peril M would have required her to make an identification Immediately. and thlll no reason was given for not having a photographic arrny or a true lineup. In finding that the show-up presented a veT)' substantial likelihood of irreparable misidentil'ication. the court noted that the witness did not pay (ul1 attention to the robber and her oppOrtunity to observe w~s neeting. there was little evidence of haw Ihe witness de$cribed the robber" before lhe show-UII lmd her description bdore the show-up wa~ 5ellnl. the will\t~S's Identification ""'as not corroborated by other witnesses or information contained in the report o( the investigating o(l'icer, and while the witness was positive in her idenlifi-

cation she could not slatt a particular reason fo r her certainty. Ex purt.: Alonzo Lgdl!l/ IJIlrgt!U, No. 1970146 (Ala., August 28. 1998). Justice Almon. This is II capital case in which 1Iu: court noted that the fact thai Ihe trial court (ollowed the pattern jury instruction in charging Ihe jury dots not necessarily foreclose error. The courl also heldlhal lhe f"cl th"t the defendant was on prob<ltion under <I suspended sentence (or violating a municipal ordinance could bt an aggravating circumstance. Tht court held that this circumstance was not given undue weight in imposing Ihe death $tntertCt in this case. The court also held that In capitlll cases in which an aggravating circumstance is found to exist. on the basis of the defendant's hllving beell under a sentence of imprisonment fo r violating 11 municipal ordinance that involved the commission of a relatively minor crime. aggrllvating ci rcllms!anc!! should generally be given little weight. Ilowl'Ver. it might be affordl"<l grt:ller weight depending on

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the circumstances especially where lhe defendant ¥I'lIS ullder a sentence of imprisonment fot already having com· mitted a crime against a person whom he lat cr ml.lrdcrcd. Ex parle Chris/'Jphur Lee Price, No. 1970:172 (Ala .. Se~lember 4, 1998). Justice Maddox. The court held, based upon the evidenCf and testimony pre· sented al both lhe supprcssion hearing and at trial, that Ult~ trial court properly overruled the motion to S(lppre55 the defendant's second statement over the object ion that the prosecution did not prove that the defendant WIU Jliven all of his Mirallda rights. The SUllreme court held that a court cannot presume that a suspect ¥I',U advised of all of his "'irolldo rights based solely on testhno.. ny thllt the $usped was "fo1Irandi zed" from a form. The concept of "Mir/mdized-by-T.V." and the filet that knowledge concerning the rights estab· lished in "'Iranda hali become wide· spread do nOI "necessarily establish thaI a court may conclude Ihal law enforce· ment authorities properly advised a SU$peel of his rights ~ imply because an om· cer testifies that the suspect WIIS advi ~d of his 'Mi r,mda rights' from II form." . In the absence of any evidence indicat· ing the contents of lhe form thM was read 10 Price Or explaining Sheriff furner's undersLanding of what rights must be explained 10 a suspect, we afe fo rced to conclude that there was no evidence from which the court could have pfoperly concluded that ['rice was advised of each of the rights established in Miranda before he provided his stalement to Sheriff T\lrner, , , . A court cannot fi ll in an evidentiary gap wilh suspicion or a presumption concerning a witness's knowledge," Kemwlh Glell Thomas v. Siale, No, Cll 93·0823 (Ala.Crim,i\pp" September 4, 1998). Judge Plltterson. For all you ever wanted to know about ineffective wislance of (oumel in a death case, read this 230·page opinion. Ex parle Michael JeffreylAl/d, No. CR 97· 1<1 73 (Ala,CrimApp., July 2. 1998). Presiding Judge Long, In thi~ l)Cst.convlction capital case, the court held that discovery in a post.convictlon proceeding $hould be allowed only when "good (a u $t~ has been shown, and that the extent of that discovery is in the discretion of the trial court. The

IIppliclltion of Rule 16, Aillhama Rules of Criminal Procfllure IQa post-conviction proceeding is "~ rely l i mited .~ f.'x IXlrfe James C. /{ullo, No. CR 97· 1717 (Ala.Crim.App" July 16, 1998) Presiding Judge Long, The defendant was arrested on a chatse of criminal trcspass. After giving 8 statement he was subsequently chalged with sexual abuse In the first degr~e and was IIrre!ted on a warrant white still incarcerated on Ihe tresplI$s , hllrlle. Bec.luse the defendant was not brought before a judge or magi$trate on the abuse charge until 12 days after his arrest. his bail must be set in the minimum recommended amount sel out in Rule 7.2. A.R.Cr.I'. in accordanct with Rule 4.3(bH3), A.ltCr,l', even when the trial judge find s that the mommended nmount is too low. S/all! II. kff Allell S'''1I1C(I , No, CR 96· 128G (Ala.Crfm.App" I\Ujlllst 14 , 1998) Judge Brown. Although the trial court found that the in\1:Slillalors had promised the defendant Ihat in exchange {or his cooperation in locating the missing marijuana, he would not be prosecuted fo r trafficking ill c()Caine, that finding did not wnrrant a dlsmiual of the indictment for trafficking in cocaine. The most the defendant would ~ entitled 10 is the suppression of any Incriminat ing evidence as (0 the eocllint trafficking charge that the State acquired as a rC5ult of ~romi si ng the defendant that hc would not be prose· cuted on thllt charge ifhe assisted in locating the missing marijunna. Roberl Bollle5 II. Cllg of Nobill1, No. CR 97·0466 (Ala,Crim.App., August 14 , 1998) Judge fo1cfoli11an. Over the objcctionSlhatthe ordinance waS unconstitutionally vague and overly broad, the court upheld the const tulionality of a municip.. 1ordin,mee for failing to obey a police offi cer despite the fa cts that the ordinance was not limi ted 10 "lawful" orders 1Ind W1l8 nQt limited to orders regarding "traffic control." Hou'(Jro Thomas Goodwill, Jr. I'. S/a/o, No. CR 96-0574 (Ala,Crim.App"

AuRuSI 14 , 1998) Judge Brown. The implied consent statute is not unconstl· tut ionally vague. Even though sections 32·5· 192 and 32·5A·194 require one to submll 10 a chemical ltsl if lawfully amstcd for driving under the inOuenee, they provide no time fume as to when

the test must be administered. However, common sense dictates that the test ¥I'Ould necesSllrily have to be Riven as soon as practical after the arrest. Any intervening time between the time of the stop and the time of the test does nOt affect admissibility of the results but ralher goes to Ihe weight to be accorded thai evidence.

Recent DecisionsBankruptcy Judg. aenJ.mln Cohen ,.vlew. lew on comproml •• ••ttlement epprov.1 I" re Goldl1l1 Malle Acquisillo/l.f, 22 1 !l.R. <163 (Bktey N,D, Ala. DfC. 19, 1997), On October 25, 1996 Glen MnZH recorded II $250,000 judgment against the debtor, thus causing a lien to atLlCh against the debtor's office building, Debtor filed a chapter II case on December <t, 1996, well within the 90· day I)feferencc period. In ils plan,

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debtor cllissine!! the judgment as unsecured on the them), of avoidance under section 547. Na1;er objected to th~ plan claiming no preference becausc of sollIency of the debtor at the lime of recordins of the judgment lien. A compromise settlement was worked out between the debtor IlI)d judgment creditor. Various objections were tiled to the settlement. and objections were also made to Mazer's clai m. No adllersary proceeding was filed to test the ;Il1eged preference, but the debtor and j\u.lgment creditor filed to approve thc compromise. In hi ~ opinion. Judge Cohen reviewed tht facts and law pursuant to Ihe direcLille of the Eleventh Circui t on approval of comprom ise settlements in III f a Juslill Oaks II. 898 1I.3d 1544 (11 th Ci r. 1990). Judge Cohen first set outlhe fol lowing (our points which the court must consider In determining approval; ( I) probability of successf\1! litig,lt ion, (2) collection difficulties. (3) complexity and expense of Iiti~lt ;on . und (4) pur;!mount interest of cred itors together with deference to their lIiews. Judge Coh ~ n detailed all of th e~e elemtnts. commenting first on the tlroblem of proof on the solvency issue with partieuillt emllhasis on the time and expense Involved in valuations. He viewed col· lection in lhis instance l\S not., problem. but the "best interest of the creditors" was a large concern. He reviewed the facts to show that the general creditors would benefit by the settlement. In 50 doing, he cont rasted the facts with prior caSH, wherein nQ btllefit would accrue to general creditors. In approving the coml)J·(llllise. he held that it was not necessary to litigate the preference issue. as the compromise would prellent Ule expense of that determination.

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Comment: I have reported this casc as I believe that the detailed opi nion by JudJ,lt Cohen can bt referenced b)' the relldcr as II tcxtbook dissertation fo r the Elcllcnth Circuit practitioner on the Question of approval of a compromise settlement. Eleventh Circuit hold. that 11 th Amendment Immunltv wa. waived bV State of Oeorgla when It flied proof of c •• lm III ri! IJurkl!llnd Burke, 146 F.3d

1313. 32 BCD 1147 (11th Cir. 1998), There were two different cases inlloilled in this appeal. In the first case (hereinafter termed the 'Burkes case") the Ceorgia Department of Hellenue (C Dli ). in a chapter 13 c.ue, fil ed an unsecu red priority claim (later determined to be unsecured) fo r $12,437.40 for unpaid income til~es duri nIl 1980-1984. The case was conllerted to ch~pter 7 with the Burkes receilling a general discharge. Neither CDR rIOr the Burkes sought a determin:ltion pte-discharge as to the dischargeability of the laxes. However, thfte months after discharge, CDR demanded payment. The Burkes reopened the case and fil ed an A.P, cilliming lIiolation of the discharge injunction. CDR moved fo r dismis5<ll under authorit)' of the S(!mino/(! Tribe case, 116 S.C!. 111 4 (1996). The bank4 ruplcy court first held thllt con had w~ived sovereign immunity in filing a proof of claim. and then In response to a 1110tiol'l to alter or amerld such hold· ing, determined th~t § 106(a) was enact· cd under the 14th Amendment. Thus, there were two grounds for holding that state sovereign immu nity did not apply. one that the bankruptcy law S\r!}erceded the 11 th Amendment but, if nOI, thaI Ceorgia had waived its immunity. The other case (the "J-Icadricks Cll$C"). althoulI:h not identkal, had the same issues inllollied in that CDR was attempting 10 collttl taxu during pendency of a chapter 13. After the bankruptcy court's ruling against the COlt, which was ll(ti rmed by the District Court. appeal was t~ken to the Elellenth Circuit. The Eleventh Circuit held that the 11 th Amendmenl not only bOlTS $I.lil:; against II state nled by ci ti1.en~ of other ~tatc:s. but also by il.5 own citizens.ll ruled that a

state ma)' waive its immunity or Congre$$, pUl'SulUl( to a lIalid exercise of its j:lO'.I-'er, may abrogate the state's immunity. The courtlhen held that in Ihis c<lse it did not have to determine whether Congress had abrClg;lted the immunity. OOc<luse the filinll: of the proof of claim constituted a wai~ r. (See Gardner II. New Jersey. 61 S.C!. 461 (1947)). The court. after ~o holding, walertd i~ opinion by stating tillit its ruling should be confined to the facts of the instant Cdse because the debtors .sought only to recover the costs and uttorney's fee incurred in enforcing the bankrUI)tcy court's automatic stay and dischllrge injunction. Comment: So after holding that after filIng a proof of claim there is a wiliver of sovereign immunity. the court limited its ruling. Ilor additional law on the subject, It i~ SUlUJcsted \h:ll the endnot~s, which rurnt~h various other Cit.ltions ]lerl<lining to the 'llses. be reviewed. [ am !ltll los'!; to understand why the court felt it should narrow its opinion to the particular facts. It mliy <lS well have used the "(Ie minimis" doctrine if it felt Ihere was not enough inllolved. Eleventh Circuit rewrite. It. rule on "ordinary cour•• of bu.ln ••• " defense In preference c •••• In re A.IY. & Associales, IlIc.. 136 1~.3d

1439 (111h Cir.. 1998), ~'or many yea r~ in the Eleventh Circuit. defendants in preference caSH took con)fort in 111 fO Cruiq OU Co., 785 11.2d 1563 (1986) which held that the resolution of the issue was determined b), the "specific Clients surrounding (debtor'sl payments to Icreditorl. It appeared to be inferred thai the relevant industrlstandard did nol halle to De addressed. Now in the instant case. the 81eventh Circuit aligned itse lf with the majority lIiew that §541(c)(2) requi res pa)'ment not only \0 have been in the u$ual cU5tom between the partit$. but just as !mportantthal it must halle been pursuant to industry standards. The ~: Iellenth Circuit adopted the Sellenth Circuit standard as enunci<lted in T%na Pizza, 3 E3d at 1033 as follows: Irldustry stllndllrds do not serve IlS a litmus test by which the legitimacy of a tr<lnsfer is adjudged, but func-

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264-6433 tlon as h general backdrop against which the specific Iransaction at issue 15 evaluated. "IOJ rdlnary business terms" refers to the range of terms thaI encompasses the practices in which firmls imilar in $Orne gellerall-.'ay to the creditor in Question engage, and that only dealings so idiosyncratic as to fall ouuide lhat broad range should be deemed extraordinary and therdore outiide the scope of subsection C. Comment: My interpretation of the above is that the defendant may not have an unrealistic burden or proor. but must show that the P<1Yment was within the umbrelill generally o( meeting the imluSll')' standards. It remains to be seen how cou ru will rollow the ruling. •

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: ~{;·L·AS·S·IF·I·E·D·N·O·T·I·CE-S ~ Rates : Members: Two free listings of 50 words or less per bar member per calendar year EXCEPT lor ·posltlon wanted" or "position offered" IIstings-$35 per Insertion 0150 words or les$, $.50 per addillonal word: Nonmembers : $35 per Insertion 01 50 words or less, $.50 per additional word. Classified copy and payment must be

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extensions w ill be made. Send classified copy and payment, payable to The Alabama L.swyer, to: Alabsma Lawyer Classlfloos, clo Rita Gray, P.O. Box 4156, Montgomery, Alabama 36101.

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and paper. petrochemical plants, commercial, Mel res!d€ntl{ll, Experience with unusual structural !allures and claims. Computer anilTl8llon lor failed slructures. Nogotlt1te construClIon OOlms. 9nd medlato conslructlon dlsp!Jtes. Contact Hal K cain, MobI~, Phone (334) 661-2605, FORENSIC DOCUMENT EXAMINER; Handwriting, typev.oritlng, altered docu· ments. medical rkOrds, wills, contrBcts, deeds. ctledls. anonymous leUors, Court-qualitled. Elglneen years' oxperl· ence. Certitied: American Boai'd of Forel'lSlc Document Exomlners, Member: American Society of OuestiOr'o9(l Ooeument Examiners. American Acadotn,' 01 Forensic SClances, Southeaslern Association of Forensic Document EXOinlners. Criminal and Civil mailers. Carney & Hammond Forenslc Document Laboratory, 4078 Biltmore Woods Court, Buford (Atlanta) Goorgla 30519, Phone (770) 61 4-4440, FAX (770) 271·4357. INSURANCE EXPERT WITNESS; Douglas F. Miller, Empl0y6rs' Risk & Insurance Management. Fee-only expert witness. Twenty years' In risk management InSlXance consulting. Pre-filing OVlllulltion. deposition, and trial. Policy coverage. cllptives. excess, deductlbles, sail-Insurance, agency operations, direct writers, property loss preparation. Member S.R,M,C, Phone (205) 967-t 166, 6lrmlngham, Alabama or WATS 1·800-462-5602. DOCUMENT EXAMINER: Examination 01 qUEIstlorlOO ($OCuments. Certified

forensic handwriting 11M document eXllmlner. Thirty y&1Ir&' IIxparlence In all lor&nslc documanl problems. Formerly, chief queslioned docun'ent analyst, USA Criminal Investigation Labors tories. OiplOr'l'll'lla (cerlilled)ABFOE. Member: ASODE: IAI,SADFE: NACOL. Resume arid file schedule upon raques\. Hans Mayer Gldlon, 218 Merrymon! Drive. Augusta, Goorgla 30907. Phona (706) 880·4267. SOCIAL SECURITY DISABILITY BRIEFS: Ex peritl~ atlorney will write SocIal Security dlSllbllity appeals briels. 'TWenty-four briefs writlen tor the firm of Davis & Horne of JElCksonville, Florida. Normal ten-(lay turnaround. Emergency services available. $325 per brief. Satlslaction guars.nte&d, References and writing semple available. Contact Jonathan Green, (2051 870-4343. No IfIPrasent$lion is madfJ Ihatthe quality of the legal seNices /0 be performed is graBler than tha QU8lity of legal S8rvic6s performed by other lawyers. • ECONOMIC eXPERT WITNESS: Porsonal Injury: workers' compenS{ltlon: buslnoss loss: agricultural lass: bankruptcy toaslblilly plans: elc.lWenty-alx years as university lactl ty member, 12 yoars' experience as economic expert wltnoss, Momber of Alaooma Slale 6ar. Wiltlam E. Hardy, Jr" Ph.D" J,D. Phone (334) 82 1·0855: Fa x (334) 844-35 19; emall: wllBrdyOIlClilssg.eI.lQum.edIJ. No representation Is meae thlltthe ql,lality of t8gBI services 10 be performed Is f)((lall)r lhan IhlJ quality of legst so,vlc6s performed by othl'" lawyers.

• INSURANCE EXPERT WITNESS: Bad lalth/1raudllnSurs!'\Ce coverage/claims matter$! markoting Issues. Former claims attorney wllh prior sales ~Qc ground available to consult and testify In cases with lito or health Insurance disputes. Experienced In trial testimony. Excellent creder1lals. A.C. Jones. Jr. J.D., CLU, FLMI, Birmingham, Alabama. Phone (205) 988-3210. No ropr8s8nlallon Is mada Ihallhe quality of 19{J1l1 sorvlces 10 b6 porlorm(J(J Is {Jrell/&r lhan the QUBlity of IegSI sorvfces performed by other '-'wy&IS. • DOCUMENT EXAMINER: Cert1!l0d Foronslc Oocument Examiner. Chief doCument examiner. Alabama Department of Forensic Sciences, rellred. Amertcan Board of Forensic Document ExamlnO'rs. American Academy 01 Foransic Sciences. American Society of Questioned Oocument Examinera. Over 20 yealS' experience In st810 and rederal CQur1s In Alabama. Lamar M1IIO'r, 11420 N. Kandall Drlll8, Stite 206-A. Miami. FloriOa 33176. In Birmingham, phone (205)988·4158. In Miami. phone (305) 274-4469. Fax (305) 596·26 18. HANDWRITING EXPERTIFORENSIC DOCUMENT EXAMINER: ABFDE cerllfied: past preslclant. Southeastern Assocla1Jon or Forensic Document E)lomll"lOra; American Academy 01 Forensic: ScIences fellow. Federel court qLl9lllled. Nlnoteen years' experience, Civil and criminaL Handwriting comport· son, lorgory det9dlon. cletectton 01 altered modiCal racords ancI other doCuments. L. Keith Nelson. Stone Mounlain, Georgia. PhOne (770) 879·7224. ELECTRICAL EXPERT WITNESS: Steven J. Owen. electrical consultant, 24 years' In elGCt~1 Industry. Member 01 BOCA. CABO. IAEI, ICBO. SBCCI. OSHA authorized Instructor. LPI certl lied lightning protec1lon. NICET-cerUlied. Master electnclanicontraClor In 39 stalos, Fee·l)asls only. Phone (205) 987·2502: Fax (205) 962-96 13. LEGAL RESEARCH AND WRITING: Attorney (Iormer !&deral law clerk). John Rllonde. _205, 140 Robert

Jemison Drive. Birmingham, 35209. Phone (205) 940-99S3. No ropresenla/lOll Is made 1h8llhe quallly of /8fJal services 10 be performed Is graBlar lhan 1116 q~lity o ( /eglfl sarvic6s perIormMi by olher ISW)'llfS. FORENSIC DOCUMENT eXAMINATIONS: Rlc:h8rd A. Roper, Ptl,D., 1956 Vaughn Road, 114t, Montgomery, AI£lb8ms 361 16, Phone (334) 260-2552, Fax (334) 260·7929. email; richroperOaol.COn1. Sovantoen Y981"8· loten&lc document elC8mif'l8lions: 27 Y981"8' total forensic exper!ence: retired senior cIocuments oxamlner and discipline coordinator, Alobama Deparlment 01 Forensic ScIences: memo bar Questlonecl Documents SoCIIon, Amerlc8n Acaclomy 01 FOf8I'1slc Sciences. Southeastern Assoclatlon 01 Forensic Document ExemiMra: Southem Association 01 Forensic: SdantiSl8: Alabama Slate Association 04 ForanslC Sclencea (past presldontl. SKIP TRACING-LOCATOR: Need to locate somoona? wia!ocate the peJtIOn or no charge/no minimum lee for basic search. 87% s~ss (ato. Nationwide. Conlldentlal. Other at!orney·naackKl &earche8lrec:otUslreportSllnlormalion services In marrt areas lrom our extensive datab.\"isos. Tell us whDt you need. Verily USA. Calltoll-Iroo (888) 2-VERIFY. LEGAL RESEARCH AND WRITING: Research and writing services, includIng brlels, trial memoranda and other documents. Prompt deadline services. Experienced resaarchlr and writer. Licensed Alabama attorney ane! member althe Alabama State Bar since 1979. Kalhorlna S. Weed. P.O. Sox 590104, Birmingham. Alabama 35259. Phone (205) 941 -1496. No r&preSfHlla' tlon

Is mado IMI lho ~81ity of 1e(J8/

services 10 be perlormecf Is greater than Ihe quality of /8gI1/ services performed by OI"or '-'wyers. STRUCTURED SeTTLEMENTS AND LOTTERIES: Inform your cllenlsl Top dollar paid lor lnsul'8nce sol1lements. slrUClUred salllement aMuitlos, busl, ness notes and psrlodK: PElyment eonlraClS. Holp cliantS explore their opllons.

Correction Tho artICle. ·Oflnklng and OrIYl"llIn AIabIrM. TNt Facts. tha Lsws sncI Possible Solutions." flil'lshed III tha ~ ~ 01 "" AI8bNrII ~. IHrooeou~1y ~ted INt me decisioo ollhll AIDtlama Suprtme Co\.on in FMJ Motor ~If V 5,»f1W. 1lB So. 2d I I1 IAIa 19!171 was aulhored by JUS1!C8 Cook. The t!pI!Ib1 was. in liICI. Issued per a.nM!. Call todlly, no obligallon. Your client will receive 8lralghUoJWa(d, reliable service. Hearlland capital Funding. Inc. Phone (800)897-9625. ·Professlonal Annuity Fundlng lor you and your client." Brochures 8\18llilble.

POSITIONS OFFERED ATTORNEV JOBS: Harvartl Law School calls our publicalion. ·Probably Ihe most comprehenslve source 01 nattonwlde and Internatlonel JOb openIngs r8C&lved by our oillce Ilnd ShOuld be the starling point 01 any lob search by lawyera IooIIlng to cha~ jobl" EaCh monthly Issue conlslns 500, 600 current (public/priva te sector) JObS. $45·3 months. $75·6 mont~. Contacl: Legal Employment Report. 1010 Vermont Avenoe NW. Sulla 408·AB, WashIngton. DC 2000S. (800)2969611 . Vlsa/MC/AMEX. Web sl1e: www.8Itorneyjobs.com. CRIMINAL DEFENSE TRIAL LAWVER : The Fedo(al Defender Program, Inc. lor tho Middle District 01 Alabama, In Montgomery. Alabama seeks an experienced, highly I killed crimlnol delense flttorney whOse commitment to Ihe vindication of the constitutional rights 01 our Clients fS absolute. Candidates with laderal crimlneltrlal and appellate experience and e knowladge of the Federal Sentencing Guidelines will have 1he graatast ltkell· hood 01 success. Minorities ane! women are encouraged 10 apply. send 8 currenl resume. 8 list of rel8rances and a cIoscriptJon ot criminal dOtense experience 10: J. Rid"lard Young. esquire. executive director, Fedora! Oolanclers. 201 Monroe Street. Suite

1960,~,

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galion associates with 8 minimum 01

Please, no t~ call. Thi$ posi/Jon

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Positions are lor Florence and Moblte olllces_Send resumes 10 Hiring Partner, 400 Vestavia Parkway, Suite 400, Birmingham, Alabama 352 t 6.

• ATIORNEYS WANTED: Firms throughout Alabama end across the nation are seeking ootSl8nd1ng enorIn the IoIloWIng areas: banking, ERISA, tax. Ip, public IIl'18nce, employmant, Corporate, Ll1lgotlon. Experience 10'1015 trom \'.'<0 to 25·plus yeElrs. Strictly conlkMtntlal. Contact Richard G_Broc:I<, esq, 8t SpecIal Counsel. Phone (205) 870-3330, Extension 102, Fax (205) 870.3337 or .. maO: richardOamlcus-

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LITIGATION ATTORNEY: Small, aogre&Sive. plaintfts-orlent&d firm In ea$! Alabama S&6IlS 8tI experienced general litigatOr with prO'.1ln track r8COfd. Strong communica tion skills and a commitment to excallonce required, Complete bBneflta packa!)!!. Respond In conlldence to: Ma-mglng Partner, p,O, Box 548, Anniston. Alabama 36202,

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L1TtGATION ATIORNEY: Mld.slze defense liIiga1ion Urm Is looking lor a IItlgallon associate with one 10 Ihree yeart' 81CpE1rience and holding an Atabtlma and Florida license, Salary negollabfe. Send resume or teller 01 Interest 10 MSr'laglng Partner, P.O. Box 16 t622. Mobile. Alabama 36616. LITIGATION ATIORNEY: Extremely tost·growlng slatowide IIrm seeks Iltl-

TEN·YEAR PRACTICE: Established ten·year general trial practice near Sandestin Resort Average annual gross $20010:-$250k: $35Otc·$SOOk wllh associale. High visibility on main highway In booming wce tlon area, 2,400 square·loot lurr'll8he<t olllce, library, equlpmenl, computors, notwork, L.ongterm lease avaliable. Will remain counS61 to old transition, $250,000.

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FOR RENT ITALIAN HOUSES: Fr.nc.. Burgundy-grend 17th contury chateau, aboul4,SOO square leel, beaulltully reslOfed and lurnlshed, six bedrooms, steeps 13, lve balhs: W&ekty $1,000 10 $1 ,800. Cla .. lc 18th century F\1Inch farmhou.e, Just restor&d, three bedrooms, sleeps six, two baths, weekly $700 to $900. Both about 1,5 hours lrom Parll, near medl8\lal art center 01 Vezel8y. ITALY. T\.I fCany • 141h c. villa, about 5,000 square leel. tormar monastery, end 01 privete road on organic wine, 011'10 88tate, t7 miles SOOth 01 Florance, rent 88 one to three lI\1lng unllS, three 10 10 bedrooms, S!ao~1 S8'IOn to 27. three to eight baths, pool, garoons, weekly $1,300 to $5,000. Eighteenth C. tarmhOUI8, end 01 privata road on wine. olive estllte, views of San Glmlgnano', mecll8\lal lowers, 30 miles southwesl 01 Ftoronce. lour apartments. sleeps two 10 lI8IIen, or combine lor up to 21, weekly S800 to $1 ,000 Law office of t<en Lawson (Seattle): phone (206) 632-1085_Flix (206) 632-1086. E-mail k8l8w Ou,W(lShlnglon.6du. •

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