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Muy2000 On th, eol.wr Cruising into Perdido Bay from the Gulf of t>leKico, r1e4r the $ite of the AI~lmma Slate !.Iar', annual meeting. The ASH is going back to Ihe Perdido Beach flesort in Ora nile Beach for this yea r'. muting. July 1"- 16. (Set tht InstTIIn this lul,lC of tht LowJl~'" for mort Ir(Ormlllkml) - Photograph b,l'au/ Crawford, JD

IN THIS ISSUE PROt'lll: LARRY WAI)t' MORRIS .. ,., ... , .•......•. ,", •••• ,., ••. PROl'OSt:O AMf.NDMt:NT OF RULE VI,

154

HUlES COVERNING AD~nSS10N TO TltE A1JJw.1A STATE BAR , ••• ,",., •• ,

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SoLICITATION By Am OnU:RNN>lE Is STILL SOLICITATION BIIJ, AnthO'l1!lMcLoin ........................•• ,"',.,., " , •••

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A CUIDE TO MECHANICS' LIENS IN ALAflN.1A 13y Keith C. KOll/ock ..........................•....•••.. .• ..••

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PubliShed $OVO!'I II~. III ~~, 11~ June (nuD 1& a bar dlrectOf)' edition) by the Alabama Sl8te Bar,

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Executive Director's neporl 156

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Bar Briefs 166

About t-1embers, AmOllg Firms

161

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Legislative Wrap -Up

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Building Alabama's Courthouses

114

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Classified Notices

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ne of (he bor'uses of being a slate bar pruident is meeting and getting to know the president.! of bars in other statu and metropolitan areas. As presi· dent-elect and president, [ have attended three meetings of the Nlltional Conference of llar l>residents, held in con·

junction with the annual and mid-year met:tiniU of the AMerican 8.u A!sociation. Our stale bar is also a memo

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ber in the Southern Conference of Bar President.!, a reglOMI organization comprised of all of the southern st.ltes with Kansas, Missouri. Oklahoma, West Virginia. and 1>1aryiand electing to join with us. Three 5m2! (North Carolina. Virginia and West Vil1l:inia) in the Southern Conference have two organized bar aMQCiations (l.Ilified and voluntary) as members of tht: $<luthern Conference. [n addition to caUCU$t5 and social events during lhe Nlltionill Conference meetings, the Southern Conference holds an 11nn1..Lll.1 meeting in Oclobet' of tach ytltr with one of Ihe member states serving as host in alternating years. f-lissouri hosted the 1998 meeting in Branson and Thnnessee hosted the 2000 meeting in Memphis. I have really enjoyed attending these events lind becoming good friends with b<lr le.ad· ers in olher states. My predecessors in offict have aJllold mt that J would really enjoy auending thf Southern Conference functions and that has celUinly proved to be the case, In August of last )'eM, I re1:eived a letter (rom W, Cregory King of the Louisville (KY) BIIr Association, proposing Ihe (or· mation of II group of fellow b<lr presidents randomly selected, spread out geographi· Co'IlIyacross the United States. who woold be willing to share their president's page ideas with one another. I agretd 10 be II participant in this Ilwlng arrangement. Illw been interestlng for me to note that Iht problerru and issues of Ihe organized bar in Alabama are not unique (rom those in larger and smaller organized bars around the country, both voluntary and unified, I thought that I would 5hare

some of these articles with)'Ol.l. The president of the Mississippi Statt Bar, James O. Dukes of Gulfport. writes about professlollallsm ' tId Cf)/(r!fJlality in his October 1999 me$Sllge: "I am a firm beJiever Ihat respect is nol something which one demands. it is somethin" which must be eamed. And. generally speaking, it must be tamed individu· ally. lawyer by lawyer, until Yo't grad. ually change Ihe public's perctption or us. There is a Sllying in politics thaI political campaigns arc not won wholesale, Ihey !lre won retail. In other words, advertising is great, but pel"$()O·to-person contact wins campaigns. The.same principle applie$ to the public's perception o( lawyers. 11\e public's percepti<ln will not be Improved wholeMle: it must be iml)rovtd relliil. one to one. "Unfortunately. the convtl';!;e of that is not necessaril)' true. Very often the public's perctplion of us as a profession can be StWrely dam· aged wholesale. It onb' takes one or two bild apples to give us all a black eye. One lawyer who mis.1ppropri· ates the funds of a client or who fails to dili"enUy and properl), reprw:nl a client can tarnish the entire pro-fession in tht eyes of the public. Ooe lawyer using unfair bclles or failing to keep his word can vastly diminish the joy of law practice (or all of the other lawyers with whom he deals. We must jealously protect our profession against those who would steal the honor and $itisfact ion that it should bring to all of us, whether those persons be ou/stdl! of or with· in our profeuion-our detractors or our own trllr1sgressON." In his March 2000 article, "Just l3ecJlllse You're Par/moid Doesn't Mean They Are Not Out to Get You," Joe Crosthwait of the OklahOfT\ll State !lar talk!; about choll9U olld herlta~. lie writes:

"While certainly the law itself has changed dramatically over the past 250 years. the institution we call 'the law' has changed very litlle. Until relatively recently. lawyers have been the unique provider of leg,,1 services, in and out of court. and have been the few to possess the 'mys· tery' of the law through law book$ lmd the like and to have, if you will. the key to the courlhouu. "But, like the rest of the world, the legal profe5slon and the administration of justice are in the eye of a strategic inflection pOint. IIrritallr il no longrr destiny. We Irt in an age of revolution fro m which we will emerge dil' tinctly, and perhaps unrecollniu bly. dif(erenl . IJut will we be the ones 10 lead and define that change? Or are we 1I;0lng down the !lime road ns Ihe medical profession? " If the law were just another company. or just another industry about to become obsolete. it WQuld matter little in the overall order of things what. if lmything, we do. But the law is not just another business or industry. It is the foundation u[)On which our entire society and our system of justice and enlightened self.government are founded. Il'Ideed, wi thout us this change would likely never hllve occurredl The risk of which I spellk is not about our liveHhoods and our businesses, though they are clearly In jeOp;lrdy. The great peril 11 that If WI u n· not IUl'\llve ". an 'InduIII')" and u a pro(elJion, then Ihe underlying core \'alutland the Rule of Law are themn h'es al stake." Crcg King of the Louisville Bnr writes :Woul m elltorilrg in his February 2000 column: "The value derived from lhe purest of mentorinll; rela· tionships is abo notlimjted to sharpened professional skills or increastd financial gain. The highest lind best of such relationships, rather, have their own intrinsic value. One's professional succe», especially early on, is so much more meaningful and enjoyable when shared with anoth· er. Not just with I spouse or best friend, but with a respected mentor. Someone who has inVi:sted his or her own time and talents in both the participant and the result. Someone who has been down the same road before, who can personally appreciate thl! challenges and di(flculties you have faced. and who takes sincere pride in your accomplishment, Someone you can mark profes· slonlll lime with, whose respect and acceptance you value, and whose support and companionship mnke the journey not or'lly t(lltrable, but enjoyable. ''Whlle the role of mentor is nol to be confused with that of family member or eierllY, the relationship can. at Umes, naturally and appropriately involY! personal, life is.sues as ~ 11 . Most attome-jS face similar dtmand$ and bear like burdens, More ontn than not we art paid to handle, indeed UYe with. other people', problems. At the Silme time. we musl b,llance the time-consuming demands of Inw practice with home and persol1lll responsibilities. In dOing $0, from whom better to learn thlln a trusted mentor who has already Spel\t )'tars slrulUlling with those same challenges?" The president of the Oela....'IIre State Bar, Donald F. Parsons, Jr., addresses the issues of speclalizatioll arid Pf'O bo"o SM!/~s in his January 2000 article:

"A byproduct of our burgwning legal system IS increased specialization. As a bar IlSsociation, we haVi: responded to that by creating 23 different sections which focu., on everything from corporate law to environmental law to workers' compensation. Within J. few years, most of you will fcellhe effects of specialization, Your practlcu will narrow to two or three specific areas lind you will find yourself Interacting alm05t exciusiYely with a rela· tiYeI)' small group of the $arne attorneys and courts. For me. like many olher Iklaware attorneys, hO~Yer, partie· ipation in various sections and committees of the Delaware State Bar Assoclntiol'l hM provided opportuni. tiu to work closely with numerous lawyers and judAes on issucs of importance to all Delawareans. The s.1me opportunities are open to you, I therefore encouragt each of you to join onc or more sections and let the bar asso· ciation help you avoid becoming pigeon·holed in some small corner of the legal profeuion. "J'here Is one lll'ea where wt need your help immedialel)', i,e.. in meeting the leg.11 service needs of indigent tllents. The provision of such 11:,nd5-on, pro bono leWil service Is a professional obligation of every lawyer in this State. Ilegrellably, leu than 50 percent ollklaware attorneys are enrolled as pro bono volunteers with Dela\\'3rt Volunteer LeilAl Services. The excuses Ilre l'Iurllcrous, and ofttn relate in some way to specialir.ation. The areas of greatest ncfll for pro bono legal $frvices do not coincide wilh the normal practice areas of m05t [)cla....'are attoTntyli."

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Andrew S, J-Ibncrl, presidenl of the Houston B.'\ r Auociation, makes some interesting obserwltions in his year-tnd article (or 1999, ''The More Some Things Change, The More Some Things Remain the Same," lie observes: "The facts are clear and they are fairly undisputed, Despite e-mail, faxes, cellular phones, video-conferencing and all the wonderful technology that is leadin!!: our society into the 21st century, some lawyers seem determined to fall into the tKIme trap~ and mistakes that have plagued our profession for the last fifty years. As a profession we all get labeled II! 'ambulltrlce chasers' lind ~tereo typed by the unethical conduct of a very small minority. Every year Bar leaders call for new initiatives to improve the image of the legal profession, and the results of such campaigns are never quanliflable. r have no iron·clad solutions, but I do have a strong feeling that if each of us puts into our own practices the effort that is put forth on these largercampaiR:ns, the impact would be greater. ;'M Uli$ celltury comes to a clol\C, let us all add a couple of professiorul resolutions in addition to those to eat !es.~ and exercise more. u:t us promise to do what we can as individuals to raise Ule irllage of lhe profe~sion and remerllbeTthat the tasiest place to do that is in our own office. Put thM technology to work, Return those phone c.'\lIs to clients. Return those e·mails. Mnke time to help out that less fortunate person who has asked for help at the Houston Vollanteer l.awyers Program or at )'Qur church or syna· gOJlue. If each of us docs his or her share, we can make the 21st tentury one in which the public may realize the good that lawyers do in our communitie$, regardles.~ of the profession of our partners. We mayor may not be able to affect the big pkture and detenninl!: who gets to set the rul ~s for the legal profession in Ule 21st century, but we c.ln surely deal with those issues we face on a dally basis." This was also the theme of Johrl Brady of the Kllrlsa5 City Metropolitan Bar in his January 2000 mestKIge entitled "A New Mill ennium, An Old Profession," John makes the follow· ing comments: "I have only been practicing for 20 years, Yet, I have wit· nessed significant dl<lnges in almost every facet of the profession of law. 'twenty ye~rs aJ{o a new lawyer who entered the private practice of law was not immediately concerned with hi~ or h~r potential for L'1Itnlually producing busincss. When starting a career, a new lawyer just wanted to learn how to be the best lawyer he or she possibly could. Today, because of competition, advertising and oUler changes, you must be a good lawyer and a lawyer who can produce and maintain profitable busi ne~, lWenty )'Cal'S ago it was unusual for lawyers to change firms, or for firms to dissolve or for so many new fi rms to start up. 'l'oday, I look forward to receiving the new Bar Directory eilch year so that I can find out where many of my colleagues now practice. Twenty yC1l1'S ago, we did not have e-mail, faxes, personal computers at our de.~k, detail scheduling orders and pretrial C(lnfercllces or Rule 26, but wt did havt: all of the regional reporters In hllrd copy as opposed to on-line form, ''The changes that have occurred in the practice of law in the past two decades were mostly inevitable, They wtre mainly brought about by societal changes. Furthennore, to

a large Cxhmt the changcs have been good. Undoubt~'(!ly, Mn more changes to the legal p rofe.~ion and lhe practice of law will occur in Ule ncar future. The debate over multi· disciplinary practice i~ raging. It is already here in Kllnw City. [t has the potential to change the practice of law dra· m~tic.1IJy, [t will be interesting to see where ....'e are as a profession in the year 20 10." ~'inally, t had a rather unique experience with a fellow SouthHn bar prnidenl. Edith Osman, president of The Florida llar, lives and practice~ in Miami which [ seriously question as being a Southern city. I~dith is a native New Yorker who ha~ maintained her Yankee :!.ccent. We first mel at the Southern Conference of Bar Presidents in Branson, Missouri, when she sat next to my wife and 100 at dinner, I'm not sure if it was the noise, the cocktail hour th:!.t preceded the dinner or our respective distinctive regional language barriers, but we had a rather difficult time communicating with each other that evening. Edith notes our initial meeting in the president's arlicle as follows: "For years I've heard stories from my predecessors about the Southern Conference of Bar Presidents. I was il'ltrigued. I looked forward to juining thi ~ group when I became president of The Florida Bar. Last year, I finally received my first invitation to the conference. I was invited to spend four days in Br:!.nson, Miuouri. Branson, Missouri? My big city instincts went into high gear: I anticipated a relaxing- make that boring- four days, Like most people who stereotype. I was flat wrong. '" sat down to dinner that first evening beside the President of the Alahama Bar. As we began our conversa· tion, [ was struck by the fact that I was having great diffi· culty understanding what he was saying-an unusual predicament for a per~on who prides herself on Ihe ability to speak five lal'lguages. I was slruck by the juxtaposition of me, a native New Yorker amidst this predominantly male group of bar Ilresldents from Louisiana, Georgia, Texas, TenneMee, Alabama, West Virginia ...! [t reminded me of my early ~' I orida llilr work, when [ began meeting and working with attorneys from all around the state. Back then, I was introduced to people with names like Rul, "Iam, Skip and Major, many nicknames that were at flrst foreign to me ... until I grew to love and respect them. "Just as they had in ~'IOrid.l, the goographiClI and accent bound.1Ties that [ fou nd in Br.mson c.1me tumblinJl down. ! met men with Southern drawls who fought fex integrution and women from antebellum homes who !)Crsuaded rlcighbors to hire AfrIcan-Americans, house immigrants and learned to llPI)rcciate people from all religions. I discovered that Southern manners often masked Southern courage. Unlike my 'politically correct' friends from Miami. when these folks fought for civil rights, Uley were ostracized by neighbors, not honored at black tie dinners, !loved the con· ference in Branson and couldn't wilit to be invited back,~ Edith is a great person and we have had a l(lt or fu n kiddinp: each other about our communication skills or lack thereof. Do schools offer "ll rook lyne~e"!IS a fo reign language? If $0, I need to sign up. Space does not permit me to share other fine articles with you (rom the other members of our "consortium." •

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Larry Wade Morris Pursuant to me Alabama State Bar's rules governing the election of presidem·el9ct, the following biographical sketch is provided of Larry Wade Morris. Morris was the sale qualifying candidate for the position of president-elect of the Alabama State Bar for the 2000200 1 term, and will assume the presidency in July 200 1. arry Wade Morris has been a member or the Alabama StMe Bar since 1968. ~I e was born in AlexMder City, Alabama and attended the public schools in Ihe city ot Montgomery, where he graduated from Robert 1<:. Lee High School. He is II gr<lduate of Auburn University and the Univcrsity of Alabama School of Law. Whi!e at the University of Alabama, Larry Morris served ~ pr(:$ident of the student bar, In 19T.l, he seMd as the president of the Young Lawyers' Section of the Alabama State !lar. In 1974, he was elected to the Alabimn legislature, where he served until 1978. While in the legislature, Morris Wil3 named the outJtandinll freshma n legislator by the Alabama Prcu AMociation. Morris is a member of the Univtrsity of Alabama Law School F'oundation and lhe Leadership Committee for th t College of Arts and Sciences allhe University of Alabama, He is also a member of the American Boord of TtiaJ Advocates and a paJ! president or the Alabama TrialuW)cl"$ Association, He formerly sCMd on the Task Force (or Judicial gleetionl (or the ASS and is

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EXECUTIVE DIRECTOR'S R EPORT 11.11 Keith J). NormUIl

Looking Back at 60 Years of Alabama's Legal Profession, Part IV: The 198051990s

Ke ith B. Norm.n

he 1980s beg;m with future bM

President WilLam D. Scruggs. Jr. of Forl l'ayne and future (ederal judge Lynwood Smith of l-luntsvi1le co-clkliring it special bar committee studying a mandatory prQRram of continuing legal education for Alaooma lawyers. [n early 1980, the Supreme court heard arguments from the ~I..'te bar's Committee on Legal Education 'lnd Admission to the Bar that the admission Tulu should be amended allowing (mly graduates of accredited law schools to sit for the bar exam. The findings of 11 demographic

study of AlaoolT\3 lawyers, conducted in 1978, were published in ThetUabamu IA/I)!!'!'-. The survey, the first since 1965, TMilled that the a\~rage lawyer's age was 37. Tht aW!rage ag拢 in the 1965 Slirvey had been <13. The survey showed that. 70 percCrl! of lhe lawy~rs Wert: in private practice, with 75 ptrcent of them practicing alone or in a finn of five or less. The statewide median income for llartncrs wa.~ $44,000: for sole practitioners It was $25,000, The average hourly rate was $5 1. Disciplinary notices appeared, for the first time, in the January 1980 issue of the Lawyt!r. SUtt bar President Oakley Melton Jr. reported in his "President's Plllic" of the May Lawyer that the ~iC had withdrawn 111 qucslionnllire aimed ~t investigating state bars across the country. Five AJabamll l!M'ycrs beC1lme federal district court judges (oil owing Aprit I, They were E,8. Haltom, Jr. of Florence. Robert B. Propst of Anniston and U,W, Clcmmon of Hinningham, for the Northern District. In the Middle District, they were Truman M. Hobbs of Montgomery and Myron H. Thompson of Dothan. [n May. the llQard of 8M Commissioners vottd to recommend to the supreme court !hill contlnuing leg.,1 education be mandatory. Btcau~e of limited spilce at Ix,r headquarters to house additional staff, the AJab.tma State Bar Foundation purchased a building on Perry Street in Montgomery. The I'erry

Street building became the location of the Center for Professionaillesponsibility. "Pre~erving Professional Values in the l.A!gaJ Services Marketpl~ce," by Senator 1路lowell Hemn, Ilddrt$.~ed concerns about the legal profession becomingleS5 of a proression and more of ~ bu~iness. Newly installed bar President E.T. Brown highlighted several matters in his September "Presidenl"s Page," including renewed efforts by the ~jC to investigate state bar'! ~ing a 'wlunlary Questionnaire" which the FTC reported it might resort to, instelld of a compulsory process to compel ans ....~r'!. He Illsa mentioned that the bar's U]lL Committee hlld flied ~ quo warranto action ltgainstthe Coffee County Abstract Com])tIny. William 8. lIair$ton presented his talk. ''The State Bar of Alabama J::nters its Second Century," at the annual meeting in Jul),. The investiture of Oscar W. Adam5. Jr. as the fir'!t blllck jU$tice on the AlaNma Supreme Court took place in October. lhe Montgomery County i3..1r Association received the ABA路s hiBhe~t award in 1980, the Award of Merit for ~rall Excellence. The IIrticle, "The Alabama Judici,,1 College," by director Thelma Braswell, appeared in the January 1981 luue of Tilt! Alabama lAwyer, The article CXI)laincd the mission and the work ohhe college. Duke Nordlinger Stern's article, "Avoiding Malpractice Claims," ..... as the first article by a law firm consullilnt appearing in the IAwyt!f. AIllbama became the tenth state to have MCLE with the 5upreme court's adoption of MCLE rules whkh would become effective January I, 1982. Wiltillm D. Scruggs, Jr. became the MCLE Commission路s first chair, n,e supreme court Itranted Binningham, Jon~ and Miles lilW schools a period of four years from June 1981 to become accredited, With the passage of the Administrative Procedul"(:$ Act in 1981, Aillbama became the 50th state to do so. D()Ckct fee$ {or the Fair Trial Tax fund were increased during the regular session of the 1981 $0 that tht

hourly rate for appointed counsel could be raised. The Increue was iKComplished in large measure b芦:ause of efforb of the Committee on Indigent DtfelUt. chaired by William N. Clark of Birmingham. Harold V. Hughston of 'fuseumbia. who became state bar president in July. died In November. Vice路president BrOOK G. Garrett of Brewton. who was serving as vice-president. was installed as president. Opinions of the Mate bar general counsel became a regular feature beginning with the January 1982 issue of the I..awYm'. J.O. Sentell retirtd as cltrk of the supreme court in June, and Dorothy Norwood wu named acting clerk. The October iuue of the lAlWJ/0' ....路as the lut iuue edited by Mr. Sentell. Montgomery 11IwyH Robert A. Huffaker was named 3J the new editor. ChanJ{es in the format and frequency of the m1lj:lil?:ine were announced. The Eleventh Circuit Court of Appeals began operations in IXtober 1982 as the country's rlewesl tircuil. Hontgomerian John C. Godbold. who hi'ld previously served as chief Judge of the old Fifth Circuit, be~me the new circuit's (irst chief judge and the only per$On to serve as chief judge of two circuits. Other AlabJmians on the court

included judges Robert S. Vance and "'rank M. Johnson, Jr. The January 1983 iuue of the WWy0' featured state bar President Norborne C. Stone of Bay ft1inette on ils cover. The magazine's new fOTmolt included the "Presldel'lt's Page," the "Se<;ret.'ry路s Heport" (which was later ch.lnged to Ihe "Executive Director's Report"), an article by the president of the young lawyers' section (beginning with J. 11lOmas King of Birmingham) and ~Legjslative Wrapup" by Hobert L. McCurley. director of the Alabama Law Institute. The (irst article in the January iuue was by future supreme court justice and regular contributor Champ Lyons, Jr. The stale bar and the unified Judicial system ofAlabama wert joint recipicl'Ill of the: ABA'$ prestigious Law Day Public Strvice Award for 1982. '11e bar's Law Day Committee had been chaired by Bessemer Districl Court Judge and future Alabama Supreme Court member Ralph D. Cook and aHomey Melinda Waters of Mobile. In July of that )'tar. Tuskellee lawyer ~'rtd D. Gray Ixcame the first African American member of the Bo,ard of Bar Commiuioners. William B. Hairston. Jr. d Birmingham was elected bar president and Edmon

ftlcKinley 01 Thonwville became president of the YLS. Camille W. Cook, profu$Or of Law and director of the Alabama Bar Institute for ContinuinJ{ l.egal ~;ducaUon sinct 1972. rtaived an award of special merit from u~ American Law Institute in recognition of her contributions and long service to CLE. Harold Herring of Huntsville was r"'lmed by state bar President Bill Hairston as chair of a task force to analyze a proposed nC'.... COl'Istitulion. Robert C. ~:sdale of Birmingham was I'I.D.mtd a.s the new clerk of the supreme court. The January 1984 "rresident's l'age~ highlighted the uruuccusful cfforb of the slate bar to get a license fte bill through the legislature II.ffecUng the bar's ability to fund several programs. il'lcludinJ{ a "hot-line" for the bar'S akohol and drug abuse program. President Hairston also noted thallegislntlon was pending in Congres.s giving the f'TC authority to regulate the legal profes.sion. An article by Robert A. Martin of the Administrative Office of CourU reported that the appel. late court workload had tripled in 12 years. The March issue of the wwyer was devoted to alcoholism and drug abuse awareness and efforb of the bar', la!k

M,u 2000

1 1 ~1

force to help lawyers facinglhe di5(!ase of IIddicliOl'l. Mobile fll,ti~ Major General Hugh 1. Clausen bel:ame judge IIdvoc.11f! general o( th~ United States Army and Birmingham n&live Major General noberl w. Norris became deputy judge advocate general of the United States Air Force. Ceneral Norris WQuld later become Judge Advocate General of the Air Porce. Upon retirement fr(rn the Air Porce 5e~ r~1 years laler. Ceneral Norri~ was named the bar's third general counsel. Legal secretary Olive Branford Green of Birmingham was profiled in the Lawyer. Her career spanned more than 75 years with the Londt)ll, Yancey firm. The bar's Committee on Governance was appointed to stud)' reapportionment of the Board of Oar Commissioners and the method of electing the wr's president-elect. The committee was chaired by Cary C. Huckaby of Iluntsville. Walter R. Byars of Montgomer'y WM elected M ~\1J.te bar president (or the 1984- 1985 bar year. f{obert T. r.leadow5 of Opelika was the YLS president. Judge Frank M. J ohn~on, Jr. was announced as the recipient of the 1984 Devitt Distinguished Service to Justice Award.

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Pormer supreme court clerk and Alabama l.owyer editor J.O. Sentell died in Jllnu;ny 198.11. "A General Practitioner's IntroducUon to Plltents lind 'lrade Sttret Law: A Primer OIl hltcllcctual Properly," was the first of a tbree.pa.rt series written by University of Alabmnll Law School J>rofessor and future supreme court Justice Harold See. James L. North of Birmingham was elected bar president in July and J. l3em(lrrl Brannan. Jr. became president of the vtS. I~rcd I). Gray of lU~keget W:L~ II'L~tal led 11$ pre~ident of the National Bar AsSOCiation. The first bar directory edition of The Alabama Lawyer was published in 1985. "An Urgent Plea for Help From the Alabama State Bar," in the January 1986 Lowyer by Dennis N. Balske. chair of the bar's Indigent Defense Committee. highlighted the growing crisis of Alabama's increasing death r~ inmate population. Chief Juslice Torbert and Birmingh..lm lawyer N. Lee Coott!r werf! both re-elected to the board of directors of the American Judicature Society. AlllbIIl'r'Ul lawyer Eric Bruggink was confirmed as a judge of the United States Courl of Claims in Washington, D.C. in AprH 1986. Lynn Hobertson Jackson was elect路 ed to the Bo.lrd of Bar Commissioners for the 'I'hird Judicial Circuit filing the unexpired term of gufaula altorney Gorm.ln H ou~ton whQwas appointed to the supreme courl-1ackson became the first wumiln to strw on the commission. The commis.搂ion IIpprOl'Cd the rccommendlltion of the b.1r's Task rorce on IOLTA (interest on lawyer,' trust aC<:OUll L~) to create an IOLTA program in Alabama. Paul Bornstein of Office Technology Associates in Atlanta became the bllr's endorsed office automation consultant. Due to an extremely difficult professional liability mllTket that had lasted several years. the BO-lrd of Bar Commissioners voted to fund a fClIsibility study of the state bar starting II c.lptiVt! profe$liional liability insurllnce company for Alab:.ma lawyers. The state bar purclwed iLS first computer in 1986 znd began the process of computerizi ng all bar record3. Abar governance bill wa5 passed by the legislature adding representatives on the Boord of Bar Commissioners for (rrban areas and providing for the election of presi. dent-clcct by mail b,dlot. Incoming bar President William D. Scruggs, Jr. of n. Payne described tht major issues facing

the bar as the "four dragons at the door," They were: tort reform: developing stan路 dards for specialiZoltion: lawyer advertising; and the lack of a reliable professional liability market. Claire A. Black of lUsealoosa became prdidcnl (If the YLS. In December. Ule Board of Bar Commissioners adopled the fiT1t ru le~ governing election of the president-elect and commissioners. Chief Justice Torbert was elected chair of the Board of Directors of the State hrstice Institute and president of the C(luncil of Chief JustiCC5 in 1987. "A SUT\lCY of Alab.1ma LaW}'eTs: 1986." conducted by the Capslone POll, indicated that II perccnt of the bar members were female and I percent were African American. The median ~ge WI!.S 38 and the median income was $55.000. The survey also revealed that 72 percent of the bar members were in private practice lind the average hourly mte was $75. In f.lay 1987, the supreme court adopted rules est.lblishing mandatory contributions to II dient security fund and an [OLTA program. The state bar became the 25th unified bar with mandatory contributlOr)8 to a cHeJII security fund and the 40th state to establish lin IOLTA program. William Morrow, longtime b.lr counsel, retired in 1987. Ben H. Hllrris. Jr. of Mobile became state bar president and his law partner, Charles Mixon, bec.lme president of the vLS. ~'onner Governor Albert P. Brewer was appointed by President Harris to chair a task force to consider and offer recommendations about the growing problem involving the representaliorl of persons on dellth row. The Boord of Bar CommiS$ioners approved a survey of bar members llboul the possible formation of /I captive professionalliability insurance company. "Oullding Alabama's Courthouses." by fu ture oor President S.lmuel A. Rumore of Bi rmingham, became a regular fea ture in the lAwyer in 1988. J was hired in May as the director of programs to fol low Mary Lyn Pike who resigned to accept a position with the American lTial Lawyers Association In Washington. D.C. The Capital Representation Resource Center was created to help in the arett of capital litigation, Attorneys' Insurance Mutual of Alabama was incorporated and the effort to capitalize the company commenced in July 1988. Gary C. Huckaby of Iluntsville II.$sumed tht presidency of the

bar and N. Gunter Guy of Hontgomery became president of the YLS. Judge Sam C. Pointer, Jr., chief judge of the Federal Court for the Northern District, received the Francis Rawle Award for Outstanding Achievement in Po'I·Admi~ion l.egal Education. Former state bar President Sonny Hornsby of Thllasee became thl! 26th chief justice with his investiture in JamJ,!ry 1989, The article, "A Survey of Alabama Law I'ertaining to Closing ArI:lUl'n~nts," by Benjamin T, R()\.\.'e and future Attorney Ceneral William It Pryor. Jr., appeared in the Januiuy LowfIL>r. By hlte spnng 1989, Alf\\ became capitalized with mort than $2,000,0000 capital, permilling the company to break escrow and begin \\,.Iting p!)lides. Uniform Guidelines for AUorney ~'ee [)eclarations, as prqlOscd by the Indigent Jkfense Committee, \\'Cre approved by the Bo.1rd of Bar Commissioners. Alva C. Caine of Birmingh.1m became state bar president in July 1989 and James H. Anderson of Montgomery was the YLS president. The Thsk Force on I)O$$ible Restructuring of the Appellate Courts issued ill final report. Chair/!d by Bert

Nettles, the task force recommended that the supreme court betome a certiorari court with reach·down jurisdiction, sitting (!IllKllle without panels or divisions. The report also remm~nded that the distinction between tm intermediate criminal and civil couru be maintained with the civil appeals court expmlded from three 10 12 members, The first Americiln Inns or Court in Alabama was chartered in October 1939 in HOlltgomcry. The Montgomery ch.1pter became the 9200 chaptEr in the nation and ill first president was Circuit Judge Joseph Phelps. The year ended 00 a ~ and tragic nole In Decembtr with the bombing death of Judge Robert Vance at his home in Birmingham. The Jilnuary 1990 issue of the !..aUfyet' reported thaI in less than II year, AIH had written more than $1,000,000 in premltuns for pr()fessiona1liabilily insurance. Although the st.:l.te b.u'slasl midyear meeting had been held irl 1985, a special midyear meeting was held in February 1990 In Birmingham to celebrate the Bicentennial of the Bill of Rights. U.S. Supreme Court Justice Anthony Kennedy was Ihe principal speaker for the Mnt. A

three-part series of articles written by members of the Commillu on Access to Ltgal Sel'Yicu analyzed the rm nlly completed legal needs SUM)' 1uding 10 the creation 0( the Volunteer (.a\\ytrs 1)Y(ijlram. Lfe Cooper of Birmingham was nominated to ChaiT the ABA lIouse of Delegates in Febl'\1ary 1990 and presided from I~ebruary 1991 through August 1992. Molli/! Jord/ln retired in IIpril1990 as clerk of the court of criminal appeals. Lane W. Hlmn was named as the court's new clerk. The Communications Law Section beame the bar's 14th section. W. Harold Albritton, 11/ of Andalusia was elected state hilr president for the 1991 1992 barytar. Walker Percy 13adham, III of Birmingh.1m became president or the YLS. Standards for Delay Reduction became effective Oclober I and ground was broken on II nLOW $3,500,000 addition to state bar headquarters. In December 1990, the board of Bar Commis.sioners adopted II resolution recommending that judges be chosen by non-partisan ballot. The RtlJes ol Prot'es.sional Conduct became effective January I , 1991 , replacing the Code ofItorllSdotwi R~ibilil!/. The state bar's Volunteer

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l..:awyers Program commented operation with the hiring of 11$ first director, lawyer Melinda Waten. IMonn of the Workers' CompClU31ion laws was one of Ule iwes that dominated the 1991 legislative session. The state bar opposed efforts to remove workers' compensation claims from the court system to an administra· tive system. Circuit Jlldge I.eslie C. Johnson of Florence became the new director of Ule AOC following the depar· lure o( Allell Thplcy who resisned to ltad the Sentencing Institute. State bar President Harold Albritton was nppointtd and confirmed as a federal judge (or the Middle District of Alabama. He continued to serve as bar president for the remain· ing portion of his term. By March 1991 , more th,ln $1.000,000 had been raised In pledSes and contributions (or the s1.lte oor building c.unp.lign. Pormer chief jus· tice Bo Torbert. chllir of the A11lb.1Tl1<1 Commission on 'nut ,lnd f iscal Policy Ite(orm created by the legislature. authored the article, ''The Need for Thx Iteform in Alabama. ~ Phillip E. Adams, Jr. of Opelika beCMle state bar president for the 1991·1992 bar year and I became president of the VLS. Former sl.1te bar I)resident Cary C. Huckaby joined the ABA Board of Governors. The 1992 leRislalive session witnessed the p.u5age of IegiSllltion permitting the state b<lr to sell annual licenses which previously hlld been sold by probate judges or count)' license commissioners and provided (or a two-step incre.ue in the license fee to $250. Workers' compen· sation reforms were reviewed by the legis. lature and fiMUy pamd late in lhe ses· sion. State bar president Phil Adams testi· fied before a hruse committee opposing a pl'OflO$Cd tax on professional services. "Nt'W Righl\ for the Disabled. ~ by John W. H argr~, was the first article to appear In The Alabama l.bwye1' dealing with Ule Americans with Disability Act. The Civil Righu Act of 1991 was discussed in an article by R. Taylor Abbot, Jr. The supreme court approved new pro hoc vice rules in f.1arch, effective October I, 1991. The Thsk Force on Professionalism rec· ommended Pro/'essioMJism training for nt'W admlttees, II Code of Professional Courtesy and a l..:awyer's Creed. The Hoard of IlM Commissioners adopted the task force's recommend:llions. Montgomery lawyer Hichard E Allen. chair of the DiSil5ter Response Thsk F'orce, ouUined " ""

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the bar's disaster response ptans in his July 1992 article in the lAu.:ver. Clarence M. Small, Jr. of Birmingham became state bar president and Sidney W. Jackson 0( Mobile becAme president 0( the YLS. The rules for civil court mediation became effective on August 1. At the start o( 1993, Oliver Gilmore was named the new director of the AOC, replacing Judge Leslie Johnson. who resigned to becomf director of the Mis:;i$5ippi Judicial College. Norma JCIlIl Robbil1$, admissions secretary since 1979, retired. The May 1993 issue of the lAWyer WM devoted to Mrican American lawyers in Alabama In the July issue, state bar President Clarence Small wrote an open letter to Governor James E. F'olsom, Jr.. encour~glng him to implement meaningful education and tax reform for the betterment of Aillbamll. At the annual meetin~ in July, the first Kids' Chance Scholarships were awarded. James R. Seale of MontS/ornery became bolr president and I.es liayes, abo of Montgomery, was president o( the VLS. The Alabama State Bar hosted the 25th annivemry meeting o( the Southern Conference of Bar PresidenLs in Point Clear in September 1993. Thai fall, U,e new judicial building was ready (or ()Ccu· pancy and the Amtrak train derailment occurred outside Saraland, allowing the state bar to utilize its disaster response plan to deal with parachute lawyen. The N(')\.itmb(:r issl.lt of the IAWfI4/r highlight· ed the careers of nille woman legal pio· neers. including M....de "leClure Kelly, lhe first woman Ia.....yer aodmiUed in AlaOOma. Also in Nwembu. Birmingham lawyer LaVeeda Morgan BaUle WM nominated by President Clinton .md confirmed as a member of the l..egal Servicu Board of i)irectors. The Alabama State Bar nules of Speciali7.lltion became effective January I, 1994. The supreme court abolished the "five·time" rule, thereby giving individuals an unlimited nurnl:>fr of time.s to \.lke the bar exam. The Committee on Judicial Selection released a. supplemtnlll] report recommending \IOllJ"Itary limiLs on judicial campaign oontroutions. The state bar's Quality of !..ife SUI'\Ie)' indicated that overall job satisfaction among Alabama's lawyers .....as very hi;l, unlike 1l105t other bar survey~ which indicated a high level or dissa.tisfaction. The Alab.lma SUpreme Court Commiuion on Dispute Resolution

WM c.reated in July. Also, by July 1994. organiz.ations approved as «rtifying agt:ncia included the Amerinn IJankruptcy Board 0( Certification. Commercial I..:aw l..eague and the NatioMJ Boord of Thal Advocacy. IJroox C. Holmes of Mobile was named b<1T president and Hal West 0( Binningham became president of the vt.S. Reggie Hamner retired as executive direc· tor after 25 yean and I was named to succeed him on October I, 1994. The t..one:. Range Planning T:uk ~'orce recommended a Iong.range plllll for the bar which was adopted by the Boord of nar Commissioners. Lawyers' Co-op was announced as the official publisher 0( the Code (or the state, errectiYe the (ollowing October (1995). replacing the Michie Comp.lny. In October, Susan Andres joined Ule bar 5111ff as the first full-time commu· nicatiolU director and gd Patterson rejoined the b<lr st.1ff a.\ the new director of programs and activities. [n December, lhe Board of Bar Commissioners paued a resolution Co1l1ing for a Third Citizens' Conferen« to be headed by former CoYemor Albert Brev.oer Md retired supreme court JU5ti« Oscar Adams. ~'or 1994, the. Alabama taw Foundation ""''ard· td more than $800,000 in grants. Birminghllm lawyer Charles A. II~II became chair o( the AliA's Section of L..'tbor and ~:mploymenl l ..lw in 1995. Mobile IlrItive Mercer!a Ludgood, fom\~ r director or the Legal Sel\'ices Corporation of Alabama, was &elected 115 director of program services at Legal Services Corporation in Washington, D.C. The state bar's first ';Road Show~ visited local bars in the spring of 1995. Bar President Broox Holmes convened the first Summit on tht Profusion in March with repre5en· tatives from all bar groups and judlles' associatiol\S participatinll. nobert W. Norris retired as the b<lr's general coun$(!l and As5istant General Counsel Tony "fcLain became the b<lr's fourth general counseL John A. Qw.ens d'T\JJcaloosa ....·as bar president for the 1995·1996 bar year and Buddy Smith of Birmingham .....as the president of the n .s. Extensive revision to (h( Ethics Act became eff~tive October 1. F'rank W. Cregory becamt the new director of the AOC In the filII of 1995. F'ederal District Judge Seybol,Irn Lynne was honored in F'ebrual'y 1996 for having sel'VCd more than 60 years on the bench, 50 of them as II federal Judg~. The federal courthouse in Decatur wu named in his

honor. The Code of Ethics for f'.1edialors bcc.1me effective M.1rch I. Fred I), Cray was named a recipient of one of the ABA's Spi rit of Excellence Award~, recognizing the contrlbutions of lawyers of color to the legal profe.$$ion. The state btlf went on·line in July 1996. at /Lww.alabar.arg. In the firstconlesled raced for president· elect usinA mail ballots, S. I)agnal ltowe defeated Lynn R. Jack5on. Warren B. Lightfoot of l3irmillgh<lm WM bar president for the 1996-1997 bar ye<lr and Andy Birchfie ld of Hontgomery was the YLS president. Lee Coopo:r became the $ecOl'ld Alabamian to serve as president of the ABA, beginning in August 1996. The Alabllmll u/wyer continued to fea ture articles on a wide range of topics, includ· ing sexual harassment, co·employee lia· bility. EHISA and punitive damages. Law firm billing practices continued 10 come under increasing $Cruliny <15 suggested by an article entitled, "The Elhics of Time-Based Billing By Attorneys." written by WIlHam C. Rou. William H. Pryor, Jr, was appointed attorney general in early 1997 to fill the unexpired term of Jeff Sessions who was elected to the United States Senate, By March of 1997, the bar's Client Security Fund had paid more lhan $2 14,000 in claims since 1989. The bar'~ video, '"r(l Serve the 11.lblic;' was distributed to ~ lIloc:al b.1r associations. The bar's Law Office HanaAement As~istance Program became Op!lr;.tiOI'l IlI with the hiring of lawyer Laura Calloway to be the progl'lIm's first director. The annual state bar meeHl'lg was held in Montgomery for the fi rst time in 30 ye.m. Dag Howe of HlInlSville beClime Ihe bar's president and Robert Hedge of Mobile was the yt.S president. In Januat)', 1998, the article. "Net Ethics Concerns Regarding I~-M ail and World Wide Web U$. by Attorneys," highlighted Ole Increasing use of the Internet by lawyers, President !lag Howe convened the second Summit on the I'rofe~~ion in April. The article, "Enjoying Ole 'Payofr for All Your Hard Work- Personal Money Management for LaW)ICrs," recognized tile need (or lawyers to consider their own financial well-being. Natwal disasters struck Elba (floodilll), Birmingham (lornad()(:~), arId the g\rlf area (hurricane) in the spring and fall ()f 1998. The st.1te bar cooperated wlth loal b.1TS and Legal Services to help with the legal prob1cm$ of those affected by the disasters. The

indigent defense bill. supported by the bar to increase the hourly fees (or appointed lawyers. was pocket vetoed by Covernor Jam ~$. Victor H. l..ott of Mobile became bar president and C()rdon Armstrong, also of Mobile, was president of the YLS. 13.11' member Earle F. I.ds.seter was elected treasurer of the ABAIn August 1998. liis term would begin in August 1999, "A Survey of Alabama Lawyers: 1998," revealed that 57 percent of Alabama lawyers were 41 )lC<\rs or older and that the median income was between $70,000 and $90,000. The survey indicated that 20 percent of the members were (eml1e and 3 percent were Mrican Americ.'ln. Seventy-five percerlt of the lawyel'$ hlld access to the Internet and 77 percent had used computerized legal research in the last year. The average hourly rllte was $129, The Alabama Law;en /Wistance Program became operational in September with the hiring of Jeanne Marie I..eslie as the program director, Alabama joined 38 other sl<ltes with similar programs. The lega! milestone marker url\lCiled outside the bar building in December 1998 became the third milestone marker. In January 1999, the ~lII te bar's membership tol.11OO more than 12,000. The build·out of the third floor of the bar building was completed, adding needed space for bar programs and a slate·of·lhe· "rt video conference filCility, l.awyers from the Republic of Kazakhstan visited the state bar to learn about the functioning of a bar lIS$(ICiation in March 1999. 13.1r member Teresa Cannady of Albertville had been a technical advi$Or a.\sisting in Knzakhslan as a part of the ABA's Central Eastern European Initiative in countries of the former Soviet Union. Asecond, more in.depth visit several months lliter resulted in the state bar and the SouOlern KiI1~lkhstan Association o( Lawyers becoming parlners. On April 15th, the M obil ~ l3;ar A»ociation celebrated its 130th anniversary as the l<tth oldest bar association in the country. The 251h armiw:rsary of the p~c of the Judicial Article was recognized In the May 1999 Alabama Lawyer with a series of articles. In June, Governor Siegelman allowed House Bill 53 to become law, thereby increa.sing the hourly fees for attorneys appointed to represent cri minal defend\lnl$ \lnd e<lualizing the pay among cir· cuit and district judges by "bolishing local

supplements. Wade Jol. BaxIC)' of Dothan became bar presidentlll'ld Thomm; Albritton of Andalusia was el~cted YI.5 prn ident, Lee C. Bradley. Jr. of Birmingham died at the age of 102, after a long and remarkable legal career. Judge ~'rank M. Johnson, Jr. died after a distin· guished and storied judicial career. The Women'$ Law Section hetame Ihe newest section of Ule bar and Justice Hugh Maddox was elected to the Bmrd of l'r'ustees of the American Inns of Court. Alabama"s JOth Judicial Circuit and the Federal Court for the Middle District of Alilbama adopted Standards for Professional Conduct. The standards had been worked on jointly by the Alabama l'rial l..awyers Association ilnd the Alab.1ma Ikfcnse l..w,ryers Association. Through the efforts of the state Imr's Hinority Participation Task r/}rce, the fi rst SulVCy of Alabama's minority attorneys was conducted during 1999 arId the results published in the November LAwyer. The survey's findings provide imporiant insights relating to the atti· tudes and perceptions of Alabama's minority lawyers about the state bar and A!abama'5 !clt11 profession. •

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MEMORIALS Richard C. Barineau ichard C. Barineau, better known to us as "Dick,~ was called by his maker to his eternal reward on August 26, 1999. Dick was ~'e liloved by his family and friends, including his wife. Leslie, and his children ilnd grandchildren, He struggled valiantly against the distase which ultimately took hisli(e, never losing his personal commitment to his family, his profession, his willingness to learn and clIptrience new aspecu of life, and his passions in Ufc, Including acting wIth the Canterbury Players at Canterbury Hethodist Church,

sailing and golr. Dick Barineau established a reputation as a person of intcllrily nnd dignity and di~tinl!uished himself in all aspeclJ of community and professional life, and earned the respect of his fellow lawyers and all who knl'W him. In addition to the innumerable h051 of friends who

mourned hi! PlIuing, he left behind a loyal and devoted wife. Leslie IQmsey lJarinuu. a son. Richard AleKander BlIrineau; daughters Deborah Barinuu Simpson and her hu.sband, John; Jennifer Barlneau Bandy and her husband. David; Patricia Barineau May. and her hu!band. Patrick: a sister. Nancy Barineau Bush. and her husband. Roger; and ten grandchildren. While we recognize that Dick was one of tht fc:w of whom it could be said the void created by his pa55ing will never be filled, we lire left with the inspiration that was created by hi~ I(fe here on earth. We pause and renect on his life which was 50 important to our own. mindful that such renection can do no less thbl contribute to a beller tomorrow for each of us. - S. Shall Sump/", pr,sldetlt Birmit/gham Nur A$$(}(;lu(/ot/

Andrew Hendrix Knight ndrew Hcndrht Knight of Birmingham died on December 2. A 1999 at tht age of 95. Hank was born in Columbus, Georgia on September 18, 19()4. and grew up in Columbus and Birminghflm. He received an A.B. degree in 1929 from Howard College (now Samford University) and was awarded his I...I...B. in 1930 from Harvard I..aw School. Hank began his distinguished career as an attorney in 1930 when he joined R. DuPont Thompson in BIrmingham. He practiced law at Thompson & Knight from 1930 until March 194 1. when he joined the legal department of Tennessee Coal, Iron and Railroad Company. He rOK in rank to general aHorney and maintained Ihis position when TCI WaJ purchased by United States Steel Corporation In 1953. Hank remai ned with United Stales Steet Corporation and headed its Fairfield office until he retired. Hank W/IS an outJtanding member of the Binningham community. tllklng a leadership role in almost every civic endeavor in the city. He was n member of the Jcffwon Couilly Board of

EduCJIlion from 1940 until 1951, and served as iu president in 19.44-45. He was president of the Birmingham Junior Chamber of Commerce. and was a director and vice-prÂŤident (0 the Birmingham Rotary Club. where he advanced the club's motto, ~selVices befoTt Hlf.~ Ue was a leader in the Birmingham and Alabama chambtrs of commerce and was extremely active with the Boy Scouu, Red Crou, Community Chest. and the Jefferson County United Appul. He was also a board member of lhe Binningham Symphony Association, the Binningha.m Civic ()ptra Association. the Salvation Army and Judson College. I-lank w.u a lovinA and devoted husband and fll lht:r. lie is sUlVived by his wife. Julia: their children, Andrew Roy and Stephen: and four Arandchildren. Hank will be remembered by his family. friends and colleagues, not only fo r his profes. sional Dnd civic IIccomplishmenls. bUllllso for his sense of humor. compassion. selOe55ness and intelJrlt-y. - S. Shall Sumplea, p,-,,/denl Hlr",it/ghu", Hur Auociut/vIf

T. Julian Skinner, Jr. Julian Skinner, Jr. of Bi rmingham died on Februlll'Y 25, T â&#x20AC;˘ 1999 at the age of 87. Julian born on January 10. 1912 and grc:w up in Bessemer. He received an A.B. degree from WaJ

the University 0( Alabama and WaJ awarded a bachelor of laws degree in 19231rom the University of Alabama School of I..aw. Upon graduation. Julian practiced law in both Be$.$Cmer and Jasper, Alabama. where he practiced with the firm of Bankhead, Skinner & Kilgore. After leaving Jasper. Julian retumed to Birmingham to continue his practice with Alabama Ily-Products Corporation. !-Ie exemplified the best qualities of a member 0{ the legal pro(es..~on and was dedlc.'lted to his firm and clienh.

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Julian was a loving and devoted husband, (IIti'ICr, grnndfllther and grcllt.grandfather and a loyal friend. !-Ie is MllVivcd by his wife. Rubyt Walkcr Skinner; his children. Marjorie Skinner f.1ullins and T. Julian Skinner, Ill: his grandchildren, Thomas J. Skinner. IV, Mary Mulling Penton and Joseph Reid Skinner: and his great-grandchildren. Thomas Julian Skinner, Vand Katherine Hollon Skinner. Julian will be remembered by his family. friends and colleagues not ollly for his professiOnal accomplishments. but also (or his dediCJItion and integrity. - S. ShUll Slimp/IS, pnsidet/t HI"rt/lfghutn &r AlSoclltit)n

Judge Thomas E. Thrift, Sr. homas E. Thrift of Birmingham died July 30, 1999 al the T age of 99. He was born in Clay County. Alabama near Ashland on Janml)' 4, 1900 and grew up in there. Judge Thrift 5uved in lht United Statts Navy (or two years; he was a member of Sigma tnlta Chi fraternity. Judge Thrift reteivcd

his law degree in 1927 from the Birmingham School of Law, where he later taught. Judge Thrift practiced law in Birmingham lind ther' with the U.S. Department of Agriculture. He returned to Birmingham where he Qeume II judge silting on the Jefferson County Court of Common Claims. He retired 30 ytars l~lcr in December 1975 at the 3"e of 75.

Judge Thrift WIU a loving lind devoted husband, father, son.

brother, and a loyal friend. He was active In Ihe ,,'jr$\ Christian Church where he taught the men's Sunday School tlau, Later, he was active in lhe Eastlake United r-lethodist Church. Ue i~ ~urvived by his daughter, Louise Thrift. and his son. Thom..! E. Thrift, Jr. Judge Thrift will be remembered b), his f.. mll)'. friends and colleagues not onl), for his professional ~ccompli5hments but 111$0 for his .~e nse of humor. compassion. selflessness. honest)' and Intl:grit)'. -

S, Shug Sumpfes, presldellt 81mrillgham Bar A$5odutirm

Alan D. Levine 19~,

n f.larch 2, Alan D, Levine of Birmingham died. O Alan n..tive of Uirmingham and attended gr..mmar school and high school in f.lounlain Brook and Jefferson WOl$ iI

Count)', Alab.una. lie received his undergraduate ilnd law degrees from the Univtrsily of Alabama, After graduation from the University of Alabama School of Law in 1967. Alan began his legal n reer ;u an ;usociale with Ihe firm composed of his (ather, Nanud Levine, the llIte Honorable Clifford Fulford, Lewis Cwaltn)' and Max C. Pope, Sr. Shortly thereafter. Alan interrupted his p,i\ctice for further tduc.'ltion at New York University School of Law where he w;u ..warded his UJ.l in laution. He then returned 10 the firm of Levine, Fulford and Pope to continue his practice of law. After the de.llth of his fat her, Alan spent the balance ofhis career;u a sole practitioner in the field of creditor representation

and collection. Ikcaust of this, he became a r,xlure in Ihe bankruptcy courts for the Northern District of A1ab,1lna, as was his rather. Alan developed a gre.,t expertise in the rtpre$enl..tion of 5eCUred and unstcured creditors In b.'Inkruptcy c;uesof ..l1 kinds. He was a long-lime member of the Birmingham B.. r Association and an acknowledged leader In the field of creditor representation both in the civil COUTU of this state .. nd in the bankruptcy court. !-Ie h~ ..vt$ as survivors his wife, Susan Roth Levine of Birmingham; his daughter, Eve Levine Borkenhagen, of Atlanta. Ceorgi.. : his son, Snit Levine, residing in Auckland, New Zealand: his molher, Julia S. Levine; and his brother, Richard L. Levine, D.D.S. of Birminsham. -

S. Shag Sump/Ils, president Blnnlngham Bar A$sociution

John F. Mandt ~~

ohn Mandl of Birminghlun died on January 12, 2000 at JJanual')' the age of 43. John was born in Kingston, New York on 2, 1957 and grew up in Huntsville. Alabama. lie received a bachelor's degree In 1979 from Ihe University of Alabama and w:u awarded his Juris Doctorate in 1982 from the University of Alabama School of Law. While in law school he served ;u editor-i n-chief of the Alabama lAw Review, WM an M. Lee Uarrbon Scholar and earned membership In the Order of the Coif. John JOined Balch & Bingham 1.1.1' as an associate upon his graduation from law school and became a partner in the firm in 1989. lie prac t ic~d with Balch & Bingham throughout his entire career in the arells of corporate and project finance, mergers and acquisitions, and securities regulation and was

recognized n:ltionall), as an authorit)' in the Mea d ..nlltru5t counseling, compliance, and appellate litlgat!on. He exemplified the best qualilie! of a member of the legal profeSSional ~nd was dedicated 10 his firm and Its clients. Joh n was also a loving and devoted husb .. nd, fathe r, son and brother and .. loyal friend. He is survived by his wife, Patricia '!'rott Mandt: their children, Jennifer, I)avid and ~l aggie Mandt; his parents, Rich .. rd and Jeanne r-landt; and his brothers. I~ichard and David Mandt. John will be: remembered by his famll),. friends and colleagues not only for his professional accomplishments, but also for his sense of humor, compassion, selnusness and integrity. -

S. Shug Sflmpfes, pnsidtmt. Blrm/"ghum BUf tUsociution .. AY :H>OO I ..U

Henry Bascom Steagall II enl'}' SteagaJl Il was born in H Abbeville. Henry County, Alabama on September 4, 1922. He 11

was the youngest child of Orlando Murvin Steagall and Susan Koonce Steagall. He attended the public lichools of Henry County and after hi ~ grllduation from high school, he attended Auburn Univnsity.

During his tenure In college he enlisted in Ole United Sta.les Navy and spent over three years serving his country in World War 11. Mler his military seNice, he returned to Auburn and fin 路 ished his undergraduate degree. Upon hi搂 returrl to Auburn, he mel and married Frances Harvey Rector and they began their journey of 52 years together, In the (all of 1948, he began the study of law al the University of Alabama School of Law !lnd grildllaled in 1951. Afler graduating (rom law school. they moved to Ozark to begin the practice of law, In 1954 he ran for and won a seal in the Alabama legislature Ilnd ~e rved the people of Dale County in that capacity until 1970, when he decided not to $eek re-election and to return to the full-time practice of law. His friend , Ceorge C. Wallace, was re-elected iI.S Governor of A[abltmll in 197<1 and persuaded Henry to join his administration as executive ~ecrelary. He served the people of Alabama during that administration and ailain in a later Wallace administration lIS finMce director. [n 1986, he was a~pojnted to the Alabama Supreme Court and remained On the court until his retirement in 1995, One of his most cherished opportunilies was his appoint-

ment to the Auburn University Board of 1'ruslees in 1970. Prom his position as presidentpro tempore of the board, he was able to accomplish many things for his alma mater, One of his highest priorities while on lhe board wu to ensure that the unive r~ i tY'$ luiti on remilined as low as possible in order that families from all walk$ of life could afford to send their children to Auburn to be educated. He was awarded an honorary doctor of laws degree in Augu.$t 1996. Putting his long and successful legal, political and judicial career in perspective, it is important to recognize the unique' ness of that career, in that few people have evtr $crved in all three branches of government. There can be few public career.s lhat approach Justice Steagall's: officer in the U.S. Navy during World War II: 16 years on the board of trustees of one of the flagship universities in the state; 16 years in the Alabama legislature; dght year.s in lhe highest levels of the executive branch; 27 years practicing law; and nine years on the highest appellate court in the state of Alabama. The high honors, accorYIpHshmenl~ and honorable CMeer do not completely capture the true character of the man. He was a man of impeccable integtity, character ~ nd wi ~om. t-lany sought his advice and counsel and few left without some greater understanding of the correct path to follow. "here are some among our fellow Aillbamians who do not know the extent of Justice Steagall's influence and accompli~hmcnl.$ but the passing of this Quiet, unasiUming and modest man on November 20, 1999 was a greit loss to the leglll profes~ion, hi$ friends. his family and this state. - lIe"'1IH.

St~gall,

III

Ozark

Thomas D. McDonald homas McDonald, a member of the HuntsvilleT Madison County Bar Association, was born May 16, 1916 and died Septenlber 4, 1999. Tom graduated from Huntsville I).

High School In 1936, obtained a bachelor's of science degree from George Peabody College in 1940 and graduated (rom the University of Alabama School of Law in 19<18. He served his country by volunteering for military service in June 1941. serving in the United States Infantry. In 1948, Tom began iI 50-year period of service to the legal community, which culminated with the presentation to him of the Alabama State Bar's award recognizing 50 yellrS of legal service, during which he .served as a judge in the Cenera.! Se~sions Court of Madison County, as city attorney for the cities of r.ladison and New 1路lope and as president of the Madison County Bar Association. Tom was an active member of his church, serving as a trustee, elder and Sunday School teacher at Central Presbyterian Church, and an active contributor to his com. .... MAyaOOO

munity, devoting time to numerous civic and charitable organizations, including the advisory bQ,lrd oflhe Salvation Army, the Lions Club, the American l egion and the Huntsvi lle Civic Club Council. [n addition to his professional and community participlItion, Tom contributed to the cultural life of the community through the exhibition of his artwork and through his actIve participation in and support of the Huntsville Art League and other organizations across north Alabama thai promoted and ~uPt)()rltd the art~. After mMy years or pro fes~i onal , public and community servic~. Tom r.1cDonald still maintained a courteous, (riendly and respectful demeanor with all who knew him. The I-Iuntsville-Madison County Bar Association suffered the loss of a valued member who contributed unselfishly to Ihe association, the profession and his community, - Charles C. Roblt/sotl, presldlmt 1I1111tfl1l11e-MQdiso1l COIllIfV Bar AssoclQiIon

Judge B. G. Robison, Jr. udge B. C. Robison, Jr" retired Pickens County district Judge, plissed away on Jilnuary 1, 1999 at the age of 87. I~oblson had a long and inleresting career, both in lhe practice of law and In public service. The 50n of Judge B. C. Robison, Sr" an attorney al1d probate judge of I'ickens County from 1917 to 1953, and Virginia 1-lilI Robison, Judge RobisonwlI5bom'\priI 15, 1911 . A graduate of fo1arion Instilute and the Univtuily of Alab.:lma, he began the study of law at the Univtrsity before World War II , bu\left to serve his country during the war in lhe United States Navy. He served with Ihe Seal>ets in Alask:!, then in troop con"",y escort duly in the Atlantic and r.1edlterrancan. being d i~chilrged with lhe rank of lieutenant,

JJudge

NSN I~ ,

in 1945.

After the war, he finished IlIw school at the University of Alabama and went Into private practice, fi rst with his father in the firm o( Patlon, Patton & Robison, and lhen with Dare PaUon, in Carrollton, Alaban\3, where he lived hi, entire Ufe, After Hr, PaUon', retirement, Judge nobison continued in solo practice, During this time he served one term in the Alabama State Senllte, (rom 1963 to 1967, He also selVtd on the initial Tenn-Tom Waterway Development Authority boord.

In 1972, he was elected judge o( the newly created Court of Ceneral Seuions, a courl of general jurisdiction. and served in that position until the e5labli$hment of the Unified Judicial System. whereupon, in 1977, he became Pickens County's first district judge, lie was re-elected to the later office in 1980 and 5eMd in that capacity until his retirement in Januuy 1987, Judge Robison was a Yellow Dog Democrat. and a man who doggedly stuck to his convictions. Mrs. Lois nobison, the judge's widow, described him th usly: MA family man, devoted to family, country and church, and to the Oemocralic Party. lie studied over serious matters at length, but whtn he mllde LIp his mind he stood his ground," ~"iercely independent, he had a great capacity (or recall, and was a wonderful sloryteller, He was a member of Carrollton Presbyterian Church. He leaves surviving him, in addition to Mrs. 1.015, three itepchildren, Honnle, his and Ira, and many relatives and (riends. Memories of Judge Robison will be cherished (or years to come by those who knew him. limon" them the members of the "ickens County Bar Association. by whom this tributt is rupectfully submitted, - Judg~ 7bm Woodard P/ek~ns Coutltll District Court

Cumpbflll, Woodley Clark, Jr. '''olligomerg

Osborne, Richurd IAwls

Admitted: /977 Died: February / 7, 20(}()

Eutaw Admitted: /975 Died: October 30, 1999

II",." WIlliam Crumpto" Alexander City Mmifled: 1931 Died: Augusl25, 1999

So/mOil, Mlchoft JOS(lph CulfShoroJ Admitted: !;ep/e/llb4!r 8, 1955 Died: Auyu$I29, /999

lIunlJODd, Victor C., II/ Hackensack, New jersC!,II

1u/, lIarTJI R. Oirmhlghum Admifled: 1947 Died: NO/J/!mlxlr 15, /999

Admitted: 1960 Died: FelJruary 13. 1999 MeDomlld/, Flolld T. Mobile

Admitted: 1939 Died: luly8. 1999 Moore, Coorge Joseph

Mobile

Admitted: 1948 Died: lui" 8, 1999

Mlls/nger, Jilll LH MOll/gomerll

Admitted: 1987 Died: December 24, 1999 Oll~r,

John PercIIJUI Dadcuille Admiflcd: 1948 Died: July 27, 1999

7Pb. J. Arnold Florence Admitted: 1938 Died: September 28, 1999 Wilkillsotl , Joseph Da/Jld Birmillgham

Admilled: 1949 Died: August 1999

.... y

~ooo, 1o~

BAR BRIEFS He and his wife have three children. Their $on and daugh· ter-i n·law, Derek ,md Shllnnon

Simp~(tr'l,

lire also

Iliwyer~.

Derek practices with his father in the firm of Simpson, Simp~on

Williston. Shannon prllcticcs with lhe fi rm of

Wilmer, Cales,

~'ohre ll

& Kelley.

In addition to painting, Fred has researched and wrillen several historical articles . • J. ])lI ul Com pton, Jr., a Ill!.rh'IC:r wit h lhe

~rm

of 13rlldley

Arant Rose & While LLP. has been named ch~ir of the American Bar Association Forum on Affordable Housing llfld Community Development Law. • In February, Cumberland School of Law, Simford held iL~ fi rst annual Women in Law Reunion. Q\l(!r II

Unl\ltr5i ~,

period, Cumocrland's women graduatC$ had the opportunity to renew friendships, share ideas and strategies for professional development, and meet and mentor the next generation of Cumberland 11IW)'frs. Three female graduMes were recognized for their contributions. including Alabama Stale Bar member Martha Jane Patton, who is head of the Legal Aid Sociely of Birmingham. Patlon was a founding member of the women's sections of the Birmingham Bar Association and the ASS. • t....,o-d:!y

/Au;ger.urlul F)-wi Ss'rIlpj(R1 <n1il his ,d(r. ''rWII. u..ilh hiJ puinling "/'rn;aA...,I, • gfllli'll to 1M AS/J

• l-IuntsviUe lawyer and artist F",d 8. Simpson recently pre· Ine Alabama Stale Bar with copies of two of his paintings. Fred, who was ~dm illed 10 the state bar in 1965, is well·known

~enli:d

in the Huntsville (Ire" (or his artwork featu ring local lawyers.

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• 110 IoIAV"OO

ABOUT M EMBERS , AMONG FIRMS

Due 10 the hugt Increase In noUces for "About MemMu. Amona fo' lrm.," The A/ahllma LowUur will no longer publish addresses and telephone num bers unle.. the allnouocemenl re tain to th e ope ning or addl"ll u change of II

Orm or 1010 pracUce. " ltaU: continue 10 n nd In name , mVor . ddrell changu to the Alab.ma Slate Bar MemlK!nhlp Departmen1. al (334) 26 1·6310 (fall) Qr 1'.0 . 801( 671. Montgomery 36 101 .

About Member. Joel S. Rogers, III announces the opening of his office lit 1622 7th Street. North. Suile 130, Clanton, :15045. Phone (205) 755·7880. June Wang IIMounctS the opening of her o({jce M 200 Clinton Avenue, Suite 608, Huntsville. 35801, Phone (256)

534·7788. Dina Grlmea announces the opening of her omce at 505 Alabtlmtl Avenue, Southwest, Fort Payne. 35968. Phone (256)997-9729. Jerry W. Schoe! announces the openin" o( his omce, The Schael Law ,"' Inn. at Mountain Brook Center. Suite 160. East, 2700 lIighway 280. South. BirminRham, 35223. Phone (205) 278· 664" . A.W. noll announces the opening of an additional office at2 14 16th Street, North, Ikmmer. Phone (205) 428·0668. Among Firms

Robert P. Reynold., I'.C. announces that Uobert I). Reynold. has joined the firm as a partner and that Jack,on E. Duncan, Ill. hil$ become 11 partner. The firm name has changed to Reynold• . Reynolds &. Duncan, I).C. tlelm. ing. Sima It Lu ch announces lhat the firm name has been ch.mged to

lIelm. lng, Luch. Uerion". Newman &. Roult. John T. Duku has become a member of the firm and Ru ntll C. Uuffkln has become associilted with the firm, Ilind Artndall. L..L..C. i1nnounces that Brannon D. Mthany has become a member o( the firm and that William II. Reece. Heather H. Crumpton, Ginger I). Gaddy, W. Craig Ihml1ton, AJII'on L. J)elllln". Geoffrey K. Gilvin. and Norman M. Stockman have become associates of the fi rm, Owtn. &. Almond, L,L.P, announces that Ann. Northington Hutcheson hM become a partner of the firm. Maddox. Au.UII, Pumer &. Lewl•• P.C. announces that K, Donald Simms has joined the fi rm as a shareholde r, W. Gregory Biddie announces the fo r· mation of The Diddle Law Firm, L.L.C. Omces are located at 20 15 First Avtnue, North. Suite 405, Birmingham, 35203. Phone (205) 458· 11 00. lIali. Conerly, Mudd &. DoMg. P.C. announces thilt K. Phillip Luke has become a shareholder and Brett J, Thompaon has become an ilnociate of the firm. Gregory K. Morg.n announces the formation of Morga n & Au oclstea and that Jtre Co lI ~y, Jr. ha, become assocj· ated with the fi rm. o rrlCcs are located at 2108 Executive Park Drive, Opelika, 36801. Phone (334) 7>19·5570. Olen & Nichola, P.e. announces that the firm name has be~n changed to Nichol.. & Copeland P.C. and that S. Ru utll Copeland hi!! joined the fi rm. Offices are now located at 166 Covernment Street, Suite 200, Mobile.

36602. Allilon, MI)', Alvis. Fuhrmtlsler & Kimbrough, L.L.C. announces that Laurie 80ston Sharp has become a partner in the firm and that Janlne M. 8umll has become associated with the

firm. The firm name has betn changed to AlII.on, May, AIIII•• Fuhnnelster. Kimbrough & Sharp. L..L.C. tlatcher, Sl ubb~, Land, Holli. &. Roth. chlld announces that Gregory S. Ellington has become a partner of the firm. John Gregory Carwle and Richard W. FuqulY announce the {ormation of Carwle & fuquay, P.C. Offices llre located at 11 11 Dau phin Street, Mobile. 3660>1 . Phone (334) 433·8383. Lloyd. Schreiber & Gray, P.C. announces that the firm name hM changed 10 Lloyd. G,.y &. Whllehesd, P,C. and that LaUI'll C. Nettlu has become a shareholder with the fi rm.

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SIIWl fljl JNu:lw/Ju tn'(JlI"bl~ j'lt /mIiIlS II M"III· U~rr NlltK'(J,k It'sl,,". 011' pr/ell' Inc/mit 11)/11"" $U/J/lQrt filii/ frYt l'I"/IIltt / 0' OIlt foil ~<lr.

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Patton, Latham, Legge & Cole announces that B. Chadwick WI ~e hllS become associated with the firm. Wallon. deGraf{enrl ed, lIardln & Tyra, L.L.P. announces that John Fo~ter Tyra has joined the firm as partner. First Amerlu.n TIUe Insurance Company announces that Donna J. Snider has been appointed state counsel and that Daniel P. Rouer has been appointed as auociate state counsel. Hare, lIalr & While, P.C. announces that Stephanie While Schmidt has become Qf counsel and the firm nllme has been changed to Hare, Hair & Clement, r.C. Corley. Moncus & Ward. I>.C. announces that Kenneth Joe WII~on. Jr. has joined the firm as an associate. noll. Cooper & Up~haw IH'InO u r'lCe~ that Kelll 1I0gue·Mauro has joined the firm as It partner. Brackin & McGriff, P.C. announces that Stephen P. John~on hllJ Joi ned the firm as an associate.

Tracy C. Wooden announces Ihe fo r· mation of Wooden, Ra)" Fultun & Scarborough, P.C. Offices are loc<ltcd at 737 Market Street. Suite 620, Chattanooga, Tenmssee, 37402. I'hone (423) 756·9972. Ul'lIdle)' Arant Rose & White LLP announces Ihat Ruu ell M. Cunningham , Urian n. "Inton, Joel M, Kuthnert, T. Grego'}' Peterson, Gregory II. R ~vtra, Jamf. V. Stewart. Stacey A. Thurman, and Chad C. Waite" have become as~ociated with the fi rm and thal Ben Erdrclch has joined the firm .

Guilford Capital Corporation Hnnounces that John S. Bowman, Jr. is now selVing as vice·president of <Icquisi· lions. John. ton, Barton, I'rodor & Powell, 1..1,.1'. ilnnOllOces thilt M. Jerreuon Starling. III, Randlll I). McClanahan <Ir'l d Helen Kathryn Downs have become parlncr~ of th~ firm.

noliiday & Auociatu announces that M. Brian Slaughter and Celu te Pallon Armatrung have joined the firm. Leitman, Siegal & Payne, P.C. announces that W. lial Parr18h, Jr. has become associated with the firm . Abita, Baxter, Parker & lIall, P.C. announces that D. Milburn Grou, Jr. has become associated with the firm.

McKoon, 81111ngl. Gold & Presley. P.C. announces that Ke\in L. Featherston has become a member and , hareholder of lhe fi rm. Edwardl & Edwards announces that the firm name hIlS been changed to Edward. & Edward•• P.C. Evan" Jonu & Reynolds, P.C. announcC5 that William Lee Hom has joined the firm . Adams, Splve)' & Adam., L,L.C. announces that Lynn Robert. on Jackson and G. Thomas Jackson will be of couns(!1 to Ihe firm. •

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11111

LEGISLATIVE WRAP- U p By I(obert L. McCurley, Jr.

he Alwma legislature, at its halfway mark. is operat· ing vel')' peacefully and in a professional manner. The Senate had before it approximately 500 bills, while lhe I-louse had approximately 700 under consideration. The l,,,lw Institute's legal counsel to the Senate Judiciary is attorney l.aVeeda Morgan Battle. frOr'll Blrmlnghilm. Por more (hlln 20 years the Institute has provided leg1l1 counsel 10 the !-louse and Sen~te Judiciary. For the first time, in the history of our state, each commit· tee of the Iioust of nepresentatives is staffed with legal coun· sel who are as follows: House Judiciuy............................. Pam Higgins. MO!\tgom~ry BOMds and Commissions .................................... I>am lliggins Local Covernmcnl.. ................... FJynn Mozingo. ~I ontgomery StMe Government ............................................ ~'Iynn Mozingo Commerce .................................. .steve ~1arshall. Guntersville Banking and Insurance .....................................Steve Marshall Iiealth ...........................................Mary Ellen l..amar. Decatur Agriculture. Forulry & ............................... Mary Ellen Lamar Natural Itesourcc! Education ...................................... .John Ad:lnlS. ~1 0ntgomc:ry Elections ..... ~ ............................ Beth Moscarelli, Montgomery Inlernal Affair! ................................ Bob ~lcC url ey. 'fuscaloosa. Marketing .......................................................... Bob McCurlcy Ways and ~1 elns. General Fund ......... 1..egislative PiKal Office Way! and Me~n!, Educalion ............... Legislative ~'iKal Office

Mugen and Contolldatlon or Bu,lne.. Entitlu pWed both house~ of the ICllislature and will become effective October I. 2000. This will provide a convenient and simple way for the different types of business entities fo r profit to convert or merge with tllch other. This bill was sponsored by senators Roger Bedford, Sieve French and J. 1. Waggoner, and Ilcprcscntative Bill Fuller. The legislature also has under consideration two other matters drafted by the Alabama Law Institute: The Uniform Principal and Income Act and the Uniform Determination of Death Act, The legislature is considering a moratorium on the death penalty as well u chanllinilihe form of the death penalty to include death by lethal injection. Alab.1ma is one of two sUltes 11m! provides electrocution M the sole means of carrying out its death penally. There are several family law bills being considered concern· ing standards on custody and lhe creation of a family court in each county. County officials' minimum pay was increased. L,klng into account the size of the counties. For counties O\IeT 200.000 persons the officials receive no increase since local legislation determines their pay. Sheriffs' minimum P.1Ywl1l be $50,000. The amount of pay increase (or county commissioners and judges of probate will increase 15, 17 or 20 percent, depending on the size of lhe county.

(Continued on page 172)

Pro Bono Award Nominations The Alabama S18te Bar Comlnlttoo on VoluntOOIlawyer Programs (fDrnlElfiy tho Committee on Aceess 10 legal Servicesl. IS seeklOQ f"lClI'mnatlOOS for tho Alabanu S18te Bar Pro Bono Award. Nomll\illlons fonns C<If1 be otxair.ed by conlllCting Llndl L Lund. diraclor LawyaR Program Alahma SI.II Bar P.O. Box 611 Montgomery. AL 36101 (33412S9--1515 Vol~ntaar

The Alabal't\il State Bor Pro Bono Award recognlllls the outstanding jJ(O bono affons of at!orM",'S. low films and lew studenu in the state, The award CfltIlrio Includos but is not limited to tho following: the totaillumber of pm bono hours or complexity of cases handled. impact of tho pro bono work and benefit for the poor. palllcular expense l)rovided or tile porticul81 nead satisfied. successful recrUitment 01 other otto mays for 11'0 bono represematlon. and provon comml tman\\o dalil'Ory of quality lagal sONicos \0 thO poor and 10 prOViding aquol acCOS! to legal seNices Nomination mult ba poslmarXad by May 15, 2000 and includa a complatad Alabama Stata Blr Pro Bono Award. Prollram nominllion ftnn 10 b. con,id,,,d by the commltt ••.

170 "'loY 2000

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Tax assessors, tax collectors, revenue commissioners and licen$C commiuionus will receiw an increase, not to exceed $10,000 ptr ye:.r. There <He some counties thaI must vote to receive the raises, while others muSI vote nol to receive them. These raises will take effect October I, 2000, AI!I() on thaI date probate fees, under Alabama Codlt Secllon 12-19-90, will increMe to provide funds for these raises. The legislature IIgain i ~ seriously considering a revision of Alabama's Constitution, This year the primary focus has been on Article I, "Declaration of m ghts.~ The current 39 sections have been reduced to 19, deleting antiquated sections. Al50, Article II, which delin· eates state and county boundaries, hM been modernh:cd. It's anticipated that over the next several years Ihe l egl~ lature will review the 17 articles of the Constitulion to modernize Alabama's almost 100-year-old Constitution. These efforts lire Spe.'lr· headed by Representative Jack Venable,

chairman of the House Rules Committee. from Thllwee, Alabama. The Law Institute currently has several committees working on major revisions: I, Su,lne .. Entitle...This committee is reviewing eight forms of business entities in Alabama to determine areas that are in common. The fi rst Item standardized was merger and consolidation. This will provide a consistent prO(edure in such items as filing, etc .. leaving the Identity of the entity inlact. 2. Uniform Prudent In\'ealor Act- This Uniform Act hM !>ten passed in 3J statu in the IMt two years. Alabama's review will not be completed until nu l year, 3. Article 9·Uni(orm Commercial Code~Artici e 9 is under review, This is a very extensive revision of Alabama's current secured transaclions law. This revision will be under study for at le1l$l another year.

1n$lilule committees were reviewing the Uniform Public ~; mJ1loyee I'ension Fund Acl and Alabama's ~; m inent Domain Law. Both studin have been suspended without any bills being recommended. For more information about the Institute or any of its projo!Cts, contact Bob McCurley, director, Aillbamll Lllw institute, p. O.l3ox 861425, 'fuscaloosa 35486,00 13; fax (205) 348-84 11: phone (205) 348-7411: or U'lLw.law.ua.l!dll/uli. •

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B UILDING ALABAMA' s C OURTHOUSES By S,1muel A. Rumore, Jr.

Tht rou /h sIlk; of th' IfYJl COj,rlhcwu 011 Sdlumav ofll!77l(}()"', A;!tllflfl. 19:J5. TIr.. (Umlffj It.flu .."'''' t(J b. ulTtclW ~ Ihfll'eu Rillflr Retkllfl/OfJmell{ /'rQ)«1 111m, ll5Sembllld /0 !/!tI1'II hOO! Ihlt f~rullJOW'tmi111 /IJW

i/Oing 10 bug {h~ir marvinul "mds (",Ii h,:lp them g;l1 kllu lum/s. This II!{JS Ihil "/J;!lJr Fom,' prQ}«l, which in l fl4J WIn ullldll1 uS Ih~ "u(l~u$ oICilmp R",;/q:r.

alo County

Dale County Established : 1824

111e folloUJitlg continues a history of Alabama 's county courthouses-

'heir or~qins and some of'he people who contributed to Iheir growth. If ./IOU

have any photographs of early

or pre.~enl courthouses, please for-

ward them 10: Samuel A Rumore, Jr., M(qlionicc & Rumore, 1230

Brown Marx Tower. Birmingham, Alabama .15203. 174

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~1ICID

am Dale wa~ one of the mo~t ((llorful and intriguing characters In the early history of Aillbamll. [ Ie WIIS a frontier scout and Indian fi ghter. and ha~ been called the "Daniel Boone" of Alabama. Dille WilS oom in Itockbridge County. Virginia in 1772. His family moved to Ceorgia in J 784. Both of his parents died there a few years later. AI the age of 16. Dale became the support lind guJtrdi~ n of hi$ ~evtn YQunger brothers and ~Istcn_ He farmed the rllmily homestead. lie al~o joined the local militia and ~cL'\lcd in the border wars against U\e Creek Indians. After this connicl he became a trader with the Indians in Ceorgia. Because of his large size he was known to the Ind ians iLS "Big SOLm." Around 1810, Dale moved to what WQuld become Clarke County in the future ~tale of Alabama. When the Creek Indian War erupted, he vol unteered his

services <IS a scoul and a fighte r. On Ja.nua.ry 12, 1813, he lind three comrades In a canoe attacked a canoe with nine Jr\dinn wnrrior!. [n rtrl\lIrkablc hand·to-hand combat with rine~ being used as clubs and with spectators on ooth river banks, Dale and his men "dis· patched" the wilrriors. This famous canoe fi ght made Sam Dale a fo lk hero among the early Alabama settlers. Dale moved to Monroe County and in 1817, due to his popularity, he served as a delegate to the convention that divided the Miulssippi Territcry. In 1818, he campaigned with Andrew lack.!on In the Seminole War. He became n member of the Alabama Territorial Legislature, the first Alabama Constitutional Convention and the first Alabilma Stille LegislahLfe. He seL'\led in the legislature a total of eight terms between 1819 and 1830. While a member of the Alabama [.J!gl~latu re. his col-

1915 路 "". Cottln/,ro!, {l/anume1lIIl'!U rkdl-

roltd ' II,rll;l6. /9/0.!Q Ihi$ pictul"il U'QS M~r (him 1910 路 and with 00 .'I!hldtl ollutr thu1I mu/~ und u.ougon . 1IfOOOb(p Wo"" 1920

leagun honored him by creating a county on December 22, 1824 and giv. ing It his name. They also bestowed on him tht rank of Brigadier General whenever he might be called into active service with lhe stile militia. In 1830 Dale moved to Perry County. Alabama and in 1831 he settled in Lauderdale County. Mississippi. Ilis fellow citizens there recognized his abili路 ties and elected him to the MissiSSippi Legislature in 1836. He died at [)aleville, Mississippi on May 23, 1841. The State of Mississippi also recognized General Sam Dale by naming a county in his honor. The eastern portion of Dale Co~mty, Alabama.was fOrmtrly a part of Uenry County and the western portion had been a part of Covington County. Shortly before Ihe new county W<lS established, the citizens of Ilenry COUnly had built a courthouse at their county seat town of I~ichmond. Richmond was \ler)' close 10 lhe county line of the newly crealed Dale County. but il remained in Henry County. l.ocal residents petitioned the legislature to put Hkhmond in VOIle County by movIng lhe county boundary four miles to the east. The legislature complied on January 4, 1826 and Richmond became a part of Dale County. Richmond has the distinction of being the first county seal of Henry

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County lind. due to the boundllry change, the first county ~ell t of Dlile County as well. On JanWlry II , 1826 the legislature passed an act requiring Henry and Dale counties to levy a tax, Ihe proceeds or which were to be uKd exclusivtly to pay Robert Irwin and

I>elatiah Whitehurst for building the courthouse and jaillocllted at nichmond. Irwin is remembered (or playing a signifiCllnt role in the development o( Irwinton which later became known as Eufaula. Whitehurst had been selected to be the first probate judge of

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Dale County: however, because Richmond, where his house was located, was nol initially located in Dale County, he had to dedine this appoint. ment. He did become the first poslmllSter of Richmond on July 10, 1826. On Dccenlbcr 20, 1827 the Alabama Legislature mandated lhatlhe Circuit Court of Dale County would continue to be held allhe "old coutlhouse" built by Irwin and Whitehurst until II new $ile could be chosen near the geogra phical center of lhe county. On December 27, 1827 the legislature appointed five com路 ml ~sioners to choose the si te: Isaac Ledbetter, Obediah Dick, Lewis Ilutchinsun, Samuel Pearson, and the judge o( the Ccunty CO\,lrl. The commissioners were directed to contract (or lhe constructlon of Ilppropriate public buildings and to supervise the conlr."lCtor who submitted the lowest bid. On JanuilYY 26, ]829 the legislature required that circuit court be held at Ihe house o( Creede Collins. which .....as located approximately two miles west of the present Daleville near Claybank Creek. Finally, the commi$Sioners chose a permanent si te near "Kimmey's Sto re.~ They laId out a squMe, and public buildings were built around it. The town bel:ame known as Dale Courthouse and later Daleville. The contral:tor (or the courlhouse was Hampton Parrish, who constructed a l(lg blLilding with one door on the easl side and another door on the $outh. Daleville was offi cially

designated the county seat o( Dale County on June 15, 1830. Daleville received its first post office OIl March 3, 1830, and John M. Kimmey was mimed firsl postmaster, Among the early business establishments in Daleville ",,'ere those belonging to John S. Ledbetter,

James M. L.ong ."Ind William Pouncey. In (act, the second courthouse in Daleville WIl$ Pouncey's stOre. This buildirig w<IS purchased by U1C county and m~d to the I:ourthouse square in 1837. On December 29, 1841 the Alabllmll Legislature I:rellted Coffee County (rom

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HU t R\ rOLJ NT Y WA~ CRt:An:u IlU u,~U( ;, !/ll" ,'·WlU (->\1.1111'1,1.1 fiR,,: I·ROI;·dl. Ilill'.1. II!.IIJ rUURT I'" liO~lr"" ':>\J·:U 't.l [I t,R'" III(,II~"!I.!' \'/A .~ u:n:('Tf:u I~' I/I.'.~ 'Uk till',' {'{II ~I'\' 1\1 rlU:I\T ION OF II,\U. 'O(;NTY ( 1.... 111'>4 t" ROM ,,'I,TI.I(~ I',\IU' '11 IU: NIO' ('Ol.\ I 'J ,I NI, II TlfI." L,\~Ii~ It E.\UI1UI ,,'.; II EMO r ,\l . 'I 1'111 1! ~ ""ln rOll~ j ) \ ~:.\T Tn r OIl,MIIIA ~ ilL'. 111:;,11 '01 ~:'I \ W,\\ ,llTII("UI.I:II Tv I.t:I 0\ T.\\ III 111.1' 1'1\ ROII'II IIIW I'" ,\NO I'E! ,\11.\11 W lllll-:IIUII" '-Ok Mill ,,,\I. '\ {OUltnUJU~r \ ~ n /,\ 11. .\'1' kl(ll Mu"n

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the western portion of Dale. Prior to bein", divided, Dale Coun!'y wru; almosl $qullre-shaped. and it contained approxImately 1,990 squ~re miles. The legislature neatly divided the county into two nearly equal rectangular-shaped areas. each with approximately 1.000 square miles. The act which est.'Iblished Coffee Counly also created 11 fi~-membt:r commission to select a new centrallylocated site for lhe county scat of D~le County, because Dlleville was only :Ibout six miles from the flew county Hne. The members of the commission were Barney Watford. James Arthur. Thomas Andrews. James C. Ward, and Captain Hendrix. The geographical ctnter of the newlyconfigured Dale County was loc:lted approximately thret miles west of the old "Block House~ located on the Choctawhalchee River near the junction of it.!; east and west branches. 'tWo commissioners cho5e the upper or southeast side of the river while two chose the norlhwest or lower side for the cQunty seat location. Comnlissioner Andrews cast the deciding vtlte. Even though he lived west of the river. he chose the hillside location easl of the river. On Febnmry 9. 18431he Alabam.'l Legisl<llure officially designllied this place il5 the county seat for Dale County and g.'lVe it the name "Newton~ after a prominent local family. On August 25, 1843 Newton rtcei\'ed its fint post office, The citizens of Newton soon buill a wooden courthouse on the town square, with dimensions of 30 by 40 (eel. It h..d

il courtroom on the fint noor with the county offices placed on the second noor. In 1857 a larger courthouse WI\! built under the di rection of Judge Abel Echols, with county offices on the lower level and a courtroom upstairs. Circuit Judge John Gill Shorter, latH to become Governor of Alabama, held court on several occasions in Newton. During the Civil War, Newton was II. center (or recruiting soldieu for the Confederate Army. In Narch 1865, the town was attacked by a grollp of north· ern irr~gu laT! h ~ad~d by Jos~ph Sanders. These 34 deserters approached lhe public square but were repulsed by eight members of the Home Guard. the local militia, who killed one and wound· ed two others. The town of Newlon was spared from further attacks, Mler the war, a stro~ movement ~gan for the creation o( a new county from the lower third of Co((ee and Dale counties. Both Coffee and Dale were approximately 43 miles long from north to south. The vill:lge of Genevil in Coffee County was approximately 30 mi l ~~ distance (rom the county seat o( Elb1l. Ilesidents of Dale County near the Florid.l border were similarly distant (rom Newton. Thus, the localion of courthouses in both counties Will inconvenient to citil(m in the southern part o( tach. On December 28. 1868 the Alabama ugislature remedied this situation by cre<lting G~nC\'a County (rom the southern portions of Coffee and O<lle, This action set In motion an ef(ort 10 remove Ihe Dale County Courthouse (rom Newton.

When Geneva County was created, Newton was left approximately (our miles south of the geographic center of the reduced Dale County. I{uidents near to the center began an effort to move the courthouse north to their area. The controversy became more intense in the spring or 1869 when on March 22, the 'A"OOden courthouse at Newlon burned with the 10M of all county records, deeds. estate files and lawsuit files. 11 was never proven. but many believed that supporlcu of a new courthouse at Ozark set lhe fi re that destroyed this courthouse. On January 13, 1870 the Alabama Legislature called fo r an election to determine the location of the county stat. The county commissioners had suggested a ballot with Newton, Ozark and tht geographical center of the county. Since Otark was only about two miles away from the geographical cenler, the vote WM held between Newton and Ozark only. On January 30, 1870 Ozark was selected as the county scat by the m<ljority of Dale County citizens, The promoters o( the town of Newton, howe\'i!r. did not give up without a fight. They filed a court action seeking a writ of mandamus staling that the election had been conducted illegal· Iy. This writ WM denied but the contro· versy continued, Finally, one year later. on January 31, 1871, the legislature declared that the election was legal and that the m<ljority of Dale County voters chose to move the courthouse, The town of Newton still uists. It continued to serve as a port for river M ...

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bo.tlt~ until 1890 WhCI'I the rllilrQad came. However, it~ population tOO<l), is much smaller than the count)' seat town of Ozark. :-4ewton lost its importance to Dale County in the election of

1870,

Ozark traces its roots back to two o( the earliest settlers in Dale County, John Merrick, Sr. nnd Jr. The elder Merrick, a Rcvolutionary War veteran, opened a ~to re where he 'di$pCnsed spirits," Because of U)e many reptilcs in thi~ <lrca of Alabama. his wares could be justified as a nccegsar'}' antidote. Merrick pro~ pered lind the area around his store became known as Nerrick·s. In 1837, his son also opened a store which sold liquors and he likewise prospered. In 1840, John Merrick, Jr. ~came colonel of the county militia.

Marlw, al N~WIOtt · Ihfrd rounr, Sf'IlI

Other businesses came to the area, including a cotton gin. a blacksmith shop and a woodworking plant. The tlrst post o((ice was established on June 7. 1843, The official name designated b)' the post office department and given to the place that had formeri), been known M Merrick's was Woodshop. In 1855. Elijah T. Mallhews bec.lme the postm~ster ~t Woodshop. He s(IAgested a new name (or the post office and IOwn. I-Ie had read II book On the history of the Ozark Indians of Arkansas and Missouri :lfld petitioned the post office department for the nllme Ozark. a corruption of Ule French "aUK Arks" which means "in the country of the Arkansa." Arkansa was the tribal name for these Indians. fhe post o(fice department approved the new name in 1859. ~'ollowi ng the county seat election of 1870, the Dille Count)' commissioners mllde plllns to ~urvel' a court squ:.re. The count)' purchased 70 acres approxi. mlltel)' one·hllif mile south or the origi. nal or "old Ozark" settlement. Asqullre was platted at 198 feet on a side, The survey was completed on May 6, 1870. ShorU)' after the completed survey. the

Nr!wlfnl mufltfr

count)' constructed a white (rame build· inll: with <I picket fence as the CO(lrthouse. The contractor was Ik W. L. Mi11ig.ln. The AI"bama Legislature incorporated Ozark 011 (ktobc:r 27, 1870. The small. two-story courthouse 5CMd Dale County until it WM destroyed by a nre on November 27, 1884. Like the Newlon courthouse nre of 15 years previousl)', all county records were destro)'ed. Also, there was suspicion that arsonists from Newton were respon:;ible fOr the fire. An effort Willi mlldc by Newton at this time to regain the courthQuse, The attempt failed wilel\ the legisiliture, on February 2, 1885, authorized Dale CourlIy to issue bonds for the construc· tion o( a brick courthouse al Ozark. The count)' contracted with builder H. M.1)!e of Elba, Alabama. The con· tract price (or the new O~ark court· house was $5,780. Pending the con· struction of iI new courtho u~e in 1885, courts were held in " I"rge wooden building 01\ whllt was called "the Case), corne r~ of the courthouse square. In 190 I, the county commission deter· mined that the 1885 courthouse was inadequate for the needs of Dale count)'. Two proposals were then made. One was for a branch courthouse to be buill at Newton. Newton was still an import<lnt tQWn and its citil.t!ns still remcmbered the dIl),s when it w:u the county seat. The other propo:ollli Wll$ to bulld a lllrge and mfljestic courthouse in Ozark. On Pebruary 20, 1901 an article in The Sou/hem Star newsp;lper reported that the Alabama Senate had approved

the proposal (or i\ branch cou rthouse at Newton, because Semltor Walter Acree. who introduced the branch courthollse bill, was the sole senator (rom the area and he was u noppo~ed, Thc Alabama House, however, with Ilepre5entative William Carner from Dale County, chose to conduct a public hearing on the matter. The ar~umenlS were relaled in The Soulhem Star as follows: '·I.ast Thursday a hearing was given the people of Dale County before the commit· tet on counties and county boundaries, having Sel'llltor Acree's branch court bill in charllf. Tht branch court (or Newton was represented by Senator Acree and O. C, Doster, Esq., while !host who opposed the measure were repl'C$Cnted before lhe

committee by Representative Gamer, Judge Carmichael. and M. Sollie, Esq. "The bill was discussed al length by both sides and the committee a(ter hearin~ all of the evidence gave an almO$\ unanimous adverse report on Senator Acree's bill, which settles the qUl!Slion 50 (ar as this session of the Ltgisillture is COr\(erned.

"Senator Acree was unopposed in the Sen"te but when the measure came over to the lIouse II met strenuous oPl)Qslllon from ,.1r. Carner. Dale's HCJlresentativc, who succeeded in defeating the measure with ~ase." The branch courthouse issue for Dale County never resurfaced. As an aside, it is interesting to note that during this

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decade, a 5imilar effort was begun in neighboring Coffee County to estab· lish a branch courthouse away from the county seat of t:lba at Enterprise, This campa!gl1 succL'tdcd in 1907 and even to this day Coffee County has two court· house!. The other propo$3i fo r DOlle County in 1901 was to raze the existing court· house and build a bigger, grander and more majestic rew structure. On September 25, 1901 the county entered into a contract for the new courthouse with M. T. l.ewman &. Company of Louisville, Kentucky. The architect was A. J. Bryan & Company of New Orleans. This w.me team designed ,md built the Monroe County Courthouse in 1903 lind the Houston County Courthouse In

1905. Lt:wman also built the Autauga County Courthouse in 1906. The 1901 Dale County Courthouse was constructed of red brick. II was two sto· ries in height, had fou r entrance·ways. and had it clock tower, with four faces, at the northeast corner of the building. The structure pos.semd dements o( anum· ber o( architectural .styles including f.1edieval turrel$, ROlMnesque window and door openin~. and a Gothic clock tower. It is best described 115 eclectic. This courthouse cost $42.500 in 1901. It was built in compliance with the standards of the day. but no toilet facill · lies were included in the building's design. In 1938, through a Public Works Administration grant. four rcslrO(lms were added in OIn IIttachment

on the southern side o( the building. Drinking fountains were also ins tOIl ltd at that time. Another significant evtnt for Dale County look place in 1901 at Ihe state constitutional convention. One of the provisions included In the new constitu· tion allowed for the creation of a new county in the southeast corner of Alabama. This !lew coullty could be formed from territory taken from Henry, Geneva and DOlle counties. 01\ February 9, 1903 the Alabama Legislature passed the act creating Houston County. The lower part of Henry County, an tastern segment of Geneva, and the entire ~ranhandle~ from Dale- the area south of the little ChQ(;tawh",tchee River- were combined to form the new county. Dale County gave up approximately 80 square miles to crente Alabama's 671h county. Through the years. the 1901 court· house was a much·beloved landmark and public building (or Ille people of Dale County. Many citizens were out· raged when in 1952 Ihe county com· mission painted the red bricks white in order to stop e.xlensi\lf, w~ter damage. Thi$ action siAniflcantly changed the "lookHof the courthouse. Finally, by 1965, the County Commission determined that the courthouse wa.~ t()() expensive to maintain OInd they made the decision to rel)lace it. [..DCal preser· vationists. such as Dorothy McGee Wells, sought to save the courthouse building and have it turned into 01 museum. But their effortJ failed and the historic building came down. On December 20. 1965 the County Commission approw:d Ihe plans of Dothan :.rchitects Allen Waid lind Robert Holmes for a new 38.000·squarefoot building consisting of three stories and a basement. The commlsslOilers appointed a Dale County Building Authority consisting of Coleman Carrett, chairm:m. Sam J. Carroll. Jr. and f.lartin Price. who by August 17, 1967 had arranged for a $650,000 bond issue to [lilY for the building. The bonds were. to be paid back by a two and one· half mill ad INllorem tax that WII5 already in eMistence and no longer pledged to retire any other debt. Hadison Construction Company. a general contractor from Ozark. was low bidder on the project. By April 1968, the

U\H .,.

\I\U\M) , SI ,IIl ..•................................. • • ,.•• ON LOCATION A

(

I .~~~~~~ • • • ,

••••••

Perdido Beach Resort Hotel Reservation Request To . . . . lUI: fOIl rKaIYI ttII .....tMII teOII m.,,.. MIIIt l'ellfftro- 1'00II" !at. HIlI ...... 20lI0. Requests after tl1l1 date will be Ilonorad based on availability and regular flit&! wlll.J)I)Iy,

TlI: HOTR RUERVATIOII FORM MUST ACCOM'lIV YOUR..uAL MEET118 RfGlSTRlTlDl FORM. PLEASE PRINT NAME ___________________________________________________________ ADDRESS

CllY_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___

STATe,_ _ ZIP CODE _____

FIRM ________________________________________ DAY TELEPHONE _________ ARRIVAL DAYIOATE,_________________________ DEPARTURE OAY/DATE ________________

NUMBER OF ADULTS _____ NUMBER OF CHILDREN ______________

NUMBER OF ROOMS,_______

Children stay Iree In parents' room. Rates are lor slnglll or double OCCllpancy. Add StD 10/ each addilional adult In room, nwe 1$ a $10 charge lor &lIch rollaway bed or crib,

CHECK TtiE ROOM RATE PAEfERRED: Cl Standard: $145 0 Gull Iront: $165 (limited number: Ill'll come, Ilrst served) CHECK PREFERRED ROOM TYPE:

o Double D Sm~nll

o Kino (Limited number IIlsI come, Ilrst served) o Non-$lllOIdno (UmHed number Ilrs! come, Ilrs! served)

" ' - IIIIfy hotel 01 . , lPKiaI ..... lilt I"", III .... b COIIftIwI tilt. ,..... tt.,.....e, II/epoI/t ....1ttl _ 1II1/1t'l .... , . / I ,...1rM, f'llMl llltIOll .... tMct Dr """"' .....,"".,...""It RnlIIlfIfUt,"

--=

Please bill my credit card:

o VISA

MaslerCard

tI Amer1can Express t:! Diner's Club

cane Blanche

0 Discowr Expiration Date _ __

card No,

Cardholder's Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Pl£ASI: MAlE teEClS PAYAIlE TO PERDIDO lEACH RESORT. Do not send currency, CAJlCEUAl10I ~C": Should cancellation ol llliS reServation be rlecessary, there wltl be no penalty pro~lded Ihe reservations oMlce Is notilled no later tllan 4:00 p,m.. Ihr~ (3) days prior 10 your arrival day. Should cancellallon occur alter this lime, or 111M hotel 15nOI notllled 01 cancellation, the deposit will not be relunded. Wilen canoe'ln\), please reeord your canceltatlon numbor. In the event you need to check oul prJor to your conllrmad depanure dale, please noilly lhe roson pdor 10 or al cheek·ln. Allor cllock-In, there will be an eally departure 'ee 01 SO percent or 1M dairy rate, CMcII-ln tIMt t.4:OO p.lII. Check-out 11l1li11 Il00II.

lIMNTHHW. MOTEL HIEIIVATMHIS All sessions or lilt annual rneetlflll will be held althe Perdido Beach Resort. Additional accomodallons are available In Iho Irea and reservalions sooulll be made DIAECTlY WITH THE HOTELS. Avallal>le hOlliS IOelude; The Island House Hotel. 1-800·264·2642

Seachase: 1·800·523-2409

Alabama State Bar Annual Meeting 2000 / Advance Registration

PLEASE PRINT NAME (as ~ou wish it to appear all name badge) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Check ulegorles llIal apply: 0 Bar Commlsslollflf 0 Past PrHidenl 0 Local Sar Pruldenl 0 JusllcelJUdge

FIRM AooRE5' _ _ _ _ _ _ __

OFFICE PHONE _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

CITY _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

STAT<.'_ _ ZIP'_ _ SPOUSEIGUESTNAME _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Please Indicate any dietary restrictions: 0 VegetBrian 0 Other --:--::--::--::--::--::-::-:::-:--:::-:-:-:-_--::::::-::---::::::-:-:::_ Please ~nd Inlorma!lon per1alnlng to services lor tile disabled. What Is the nature 01 the disability: 0 Auditory 0 Visual 0 Mobility

REGISTRATION FEES (Advance Registration)

8y JIIIII

o Alabama State Bar Mombors .............................. ,......... "" ............... "... o Full-lime Judges ..............................................,....... " .. ""................. o Atlorneysadrnltlod tOlhe bar 5 yea rs or 1m .... "''',,......................... o Non路Member (does not apply to spouselj)uesl of regISlf1,nll ..............

Att,r JUIII 80

f ...

5220.00

$ _ __ S _ __

$180.00 ............... $ 90.00 ............. " $ 90.00 ...... " ... "., $280.00

...............

$1 10.00 $110.00 $300.00

TOTAL REGISTRATIOI FEES ...........

OPTIONAL EVENT TICKETS FRIDAY, AllY 14, 2000

$ _ __ $ _ __

$ _ __

Mo. 01 nchu

Bench & Bar LunCheon .. .".................................. . Family Be,ch 8ultel ....... ...."....,,, .................................................. FlalurlnQ'fIt Plrd/do Beach ReSOft's "fresh calch" SlJ8I00d bUffet (cas/! /禄r) Chlldrer's Buffet (Children 11 and underl ................................................. PLAYBILLI Perlormance (Clarence Dallowl .................................................

0$20.00 each ............. . 0$35.00 each ..............

1_1_-

0$ 400each ..... , .....

1_-

Ho Charge

$ATURO.\Y, JUlY 15, 2000 Christian leoal Society Breakln!.. ................. . Farrah Order 01 Jurlsprudence/Order ollhe Coli Breaklas!... .. ....................... Jones School 01 law Alumni BrealClast .........................................................

0$12,00 each .. 0$15.00 each .. 0$10.00 each ............. .

1_1,_1,_ -

Birmingham School 01 law Alumni Breakfast .............................................. . Membership lunchoon and Annual Business Meeting ................................. .. Anellloon Family Matinee ....................................................................." ... ". University 01 Alabama School 01 law Alumni Rocepllon ...... "",, ................ ,," Cumberland School 01 Law Alumni Recepllon ................................ ,............ ,,'

0$10,00 each ............ .. 0$20,00 each ............. .

1_-

o No Charge o $25.00 each

............. .

0 $20.00 each ............ .. TOTAL EVEMT TiCKETS ................................... .. TOTAL FEES TO ACCOMPAJlY FORM .............. ..

Aptlfoprlatl PQIIIInl mutt I ccompl n, ,..1"1111101 form .

1,_ -

1_-

:== 1_ -

Payment by check or credit card i$ requested. CheckS lor reglstratlonltlckels sholJld be made Illyable to the Alabama State Bar. 0 MasterCard 0 American Express Card No. ExpIration I).ate _ _ _ _ _ __

Please bill my credit card: 0 VISA CardholDer'S Signature

Mill .... ,IlrItIOft fonn I cIMet to: 2000 Annual Meeting, Alabama State Bar. P,O. Box 671. Montgomery, Al36101. Advance rtOlslraUoo IOlms MUST IE RECElVED 10 LATER THAN ME 30, 2000. Cancellations wllh lull refunds may be ,eqt.l8$led Ih,olJllh noon. Fridiy, July 7, 2000

KIDS' CHANCE GOLF SCRAMBLE Saturday, July 15, 2000 • 12:30 P.M. Shotaun Start • Lost Key CoW Club Make your own golf hiStory by laking a starring role allhe De2.utilulloSI Key Gall Club. Irs even more rewarding than an Oscar when you know that you're helping make a dillerence in ayoung person's life. Sign up lor your partin the 6th Annual Kids' Chance Gall Scramble. The Kids' Cilance SchOlarship FUlld provides scholarships for elildren who have had a parent kltled or permanenlly and total· Iy disabled i1 an on-the-Iob Injury. Kids' Chance was established in 1992 by the Workers' Compensation Section. $ludMls from 20 counties Ihrougl1oul Ihe slale are attending college or tectmltal school wl1h holp trom Kids' Chance this year. II you are unable to play in tho tournament, please consider sponsoring a hole. The Worker'S' Compensation Secllon appreCiates your support. Fred Fotlrelt, chair

GOLF SCRAMBLE ENTRY fORM

Name ______________________________________________________ Address ___________________________________________________

_ _ _ _ _ _ _ _ _ _ _ _ _ __

ZJPCOdo ___ Siale Olllce Tolephone ______________ __ Home Telephono _____ _ _ _ ___ Member Club ___ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Cl~

U5GA ______________________ Handicap Index _ ___

GHJN Number

Individual Player

$100

Hole SponsorShip •...•.•.•.... , .... , ........ . ........•. , ..... .

$250

Hole Sponsorship & I Player Siol ....•. , .•... ,.,........ . •.• ,., .•

$300

Hole Sponsorship & 4 Player Siois ........ . . . ...... , .... .. ........ .

1500

TOTAL ENCLOSED

Approprlat. pafIIIlnl mull accompany r.glstratlon torm. Pl.... mat:. cltecks payabll 10: kiDS' CHAlliCE SCHOlARSHIP FUND. Payment by check or credit c<lrd Is requested Mall check and registration lorm to: 2000 Annual Mee1lng Got! Scramble. Alabama Siale Bar. p, O. 80x 671, Montgomery. Al3610t

Please bill my credit card' 0 VISA

U MasterCanl

card No.

Cardllolder's Signature ______________ If you do nOI have a toam. you will be paIred with another player. For lurtl1er Information. contact Tracy Daniel aI800-354-6154.

Expiration Date ______

TICKETS, PLEASE! AdmIct Regilntlo.. Advance reglstrallon Is encouraged to efficiently manage the meeting and as a cost savings to registrants. Registration forms should be completed by each lawyer and judge planning 10 anend and returned with (he appropriate registralitllAicket lees to the ALABAMA STATE BAA. The registration lee Includes admission to section eLf programs lecture oullines and registration materials. Meal alld ImlCtion tickets may be purchased ill an addi1lonal chartlO as hdic3ted on ttle regiStmtion form.

ATTIlE BOX OFFICE R,gist,..!lon Houri All annual meeting registrants should pick up their name badges. Ilckets and other materials althe registration desk located In the exhibit hall during these hours: 4:00 p.m.' 6:00 p.m. Thursday. July 13 7:30 a.m ' 5:00 p.m. Friday, July 14

7:30 a,m . • 4:00 p.m. Saturday, July 15

GOLFTOURNAMENT The 6th Annual Kids' Chance Golt Scramble will be held on Saturday, July 15. Teams will be selecte{! Ilasea on hanOlcaps (max: 18). There will be a shotgun start at 12;30 p.m. Box lunch~s will be provided atlhe course.

• Fll1t 75 registrants will receiw a copy 01 In SNrch of Anlcus Finch by Mike Papantonio, list price $24.95. • First 250 registrants will receive a copy 01 Reel Justice: The Courtroom Goes to thl Movies by Michael R. Aslmow. list price $14.95.

IN THESPOTLIGHT LEGAL EXPO 200CI The LEGAL EXPO 2000 will be hold In the ho\ol's o<hiblt hall and leature the products and services 01 various legal vondors. EXPO hours are 8;00 a.m.-5;00 p.m. on Friday and 8:00 a.m.·4:00 p.m. on Saturday. Visit the vendors and register to wIn prizes, Including the Grande Prizel The Grande Prize drawing witt be held Saturday during the Membership Luncheon and Annual Business Meetng.

LIGHTS! CAMERA! CLE! Alabama laWjers have the opportunity to receive numerous hours of ClE credit-all at one convenient time and place.

COSTUMES Business or beach casual wear is appropriate lor al events.

PERDIDO BEACH RESORT This worl'-class resort locate' on tho glorious gulf shoros 01 Alab.1ma oHe" special amenities that include lighted tennis courts, Indoor/outdoor swimming pools, exercise room, sailing and IIshlng Charters, and Hable cat rental. ChampionShip g011 courses and oullet malls are nearby. The resort Is located In Orange 8each, Alabama. eight miles east 01 Highway 59 South on Highway 182, Ills just 30 minutes Irom Pensacola ana within ~asy access to 1·10 and 1-65. HOTEL flESERVATlOICS Hotel reservations ara to be made through Iho ALABAMA STATE BAR ollice and MUST accompany your annual mooting roglSlration lorm. A hotel reservation form Is Included with registration materials.

and crafts, volleyball, nature walks. and pirates' treasure hunt, Perdido Pals Is for children of registered resort guasts only and space Is limited. Ills recommended that you pre· register your child by calling Guest Services at 1·800·634·8001. eKl. 103,

CHECK·IN,lCHECK·OlfT Check·ln time at tho Perdido Beach Reson Is 4:00 p.m. arid check-oul time Is noon.

BABY·SlnING SERVICES Additional baby·s~lIng services are available through licensed services, Siners will care lor children In Ihelr parents' room, Approximate cost for one child Is $30 for four hours. however 1000Svary according to number of children, hours kept, Ole. and are subJect 10 change. Contact the lollowlng services directly to make arrangements: Nanny's care (334) 986·8200 01 My Favoril9 Nanny (888) 660-0345.

PEROIDI PAlS This popular children's program Is oNe red dally excepl Sunday lor ages five · 11 years. ActIVities Include: getaCQualnled games, swimming, beach aod pool actlv~jes , sand casUe building, cartoons, movlijS and popcom, ans

TENTATIVE SHOOTING SCHEDULE 2:30 11.111 •• 3:30 p.m.

IIlIISIlIY. JlIY 13.2I11III 2:00 p.m•• 4:00 p.m. 4;00 p.... . 5:00 p,m.

4..00 p.lII. · I!OO p.m. 6:30 p.m. r~o.\Y. JIlY 14.2000 7:30 '.m.. 11:45 I.m.

BOARD OF BAR COMMISSIONERS'

ALABAMA LAW INSTITUTE

COUNCIL MEETING

MEETING

4:15\1.111 •• 4:45 p.m.

MCLE COMMISSION MEETING DISCIPLINARV COMMISSION

HEALTH LAW SECTION BUSINESS MEfliNG

4:15 p.m•• 5:30 p,m.

PRO BONO RECEPTION

6:30 p.m. · 1;00 p.m.

ANNUAL MEMBERSHIP RECEPTION

MEETING EARLY ANNUAL MEETING REGISTRATION BOARD OF BAR COMMISSIONERS' DINNER

ALABAMA LAW FOUNDATION TRUSTEES' BREAKFAST

7:30 un . • 5:00 p.m. 8:00 I.m.• 5:00 p.m. 9:15 I.m.· 9:30 I.m.

ANNUAL MEETING REGISTRATION LEGAL EXPO 2000 DP1:NINGSESSION • Welcome: The State 01the Bar • Alaruma Lawyers AssistaflCll Program: An (MJrvlew 11:30 I.m. ·10:4S '.m. PLENARY SESSION • Reel La~rs ilfl(i Real Law 11 :00 I.m. · lIoon FAMILY LAW SECTION MEETING • Dom~1iC RIIL1tionS UpdMe DISABILITIES LAW SECTION MEETING • Social S8curlty Upda~ • 5p«/a1 Educarlon Ltw Update • AOA U/XUte WORKERS' COMPENSATION SECTION MEETING • Upddte 01/ C8S8 LaW' Workm ' COfl1(J1nSAti()ll' 2f)()IJ ATTORNEYS INSURANCE MUTUAL OF ALABAMA, INC ANNUAL MEETING 11:00 I.m. ·12:15 p.lII. LITIGATION SECTION MEETING • Alb/lration Nuts & Bolts· From SelfJCt/on as an Arb/1m/or to Post·Award Remedies BUSINESS LAW /I. CORPORATE COUNSEL JOINT SECTION MEETING • Privacy: It's Not Just AboutS,x Anymom/ - An updale on tM Gromm, Leach & Billey Atland relll/ed fedornland sWe J/JfJ/slalion and reQuldllon 12:111 ' .m. ·1:30 p.m. BENCH AND BAR LUNCHEON Speaker: Hon. William R. Wilson. Jr Un~ed Sta!~ Olstrlct Coun Judge Uttle Rock, Arkansas 2:00 p.m.• 4:10 , .m. WORKSHOP A: Small Firm TechnOlogy S~lIls 2:00 p.m.· 4:15 p.m. KEYNOTE PLENARY SESSION PLAYBILL! "ImPlMh Jus/icf Douglas/' 2:00 p.m. • 4:111 p.m. WORKSHOP B: Practical Skills

• Law--Th8 BlsIcs

• Fea1urlng Pe!(l1OO Beach Resorl'$ "frllSh catch" Seafood 8u"el (l3sh baI) 8:30 p.m,

PLAYBILL! "C/artlflC! [)arrow: CrirrMs, C8u~s and IllS Courtroom!"

S.lIUIIIl\Y. JIlY 15.2000 COFFEE FOR ALL REGISTRANTS REGISTRATION AISE & SHINEelE fOR EARLY BIRDS WORKSHOP A: Trial Skills WORKSHOP B: Altornatlve Dispute Rllsolulion BREAKFASTS • Farrah Order 01 JurlsprU{lence: Order 01 the Coli • Christian Legal Soc~ty • JOfles School 01Law Alumni • Blrmlngllam School 01 Law Alumni • Past Presidents . n" A/db8ma I.a.."",Boord 01 Ed~ol'$ 1:00 I,m. • 4:011 p.m. LEGAL EXPO 2000 9:00 I.m. ·10:00 I.m. WOMEN'S SECTION MEETING 8:00 1.111. ·11:00 I.m. ELDER LAW SECTION MEETING 10:00 1,111, · lUIO I.m. REAL PROP1:RTY. PROBATE /I. TRUST LAW SECTION MEETING ADMINISTRATIVE LAW SECTION MEETING ENVIRONMENTAL LAW SECTION BUSINESS MEETING 11:151.111. ' Moon KEYNOTE PLENARY SESSION "In &arch 01 Artlcus FinchA Rood M/IP" 12:15 p.m. · 2:15 p,m. MEMBERSHIP LUNCHEON ANO ANNUAL BUSINESS MEETING 12:30 p.m. · 5:30 p.m. KIDS' CHANCE GOLF TOURNA~ENT 2:45 '.m.• 3:45 p.m. AFTERNOON MATINEE FOR THE ENTIRE FAMILY • Featuring " To Kill A Mock/nDblrd" 5:00 p.m.• 7:00 p.m. ALUMNI RECEPTIONS University 01 Alabama SchOOl 01 Law 5:30 p.l'II •• 7:30 , .m. Cumberland School 01 Law OPTIONAL NIGHT ON THE TOW'j

7:30 I.m.• 1:00 •• m. 7:30 I.m•• 4:110 p.m. 7:30 8:30 I.m.

'.m ..

StlND.lY..IIIY 16. 2000 8:00 I.m. ·11:00 1.1'11.

LEGAL EXPO 2000 8:30 1.1'11. - 1:15 1.1'11. CONTINENTAL BREAKFAST 1:38 1.111. · 10:15 I.m. ECUMENICAL WORSHIP SERVICE 10:30 I.m. - 11:00 I.m. BOARO OF BAR COMMISSIONERS' MEETING

"REEL LAWYERS & REAL LAW" "IN SEARCH OF ATIICUS FINCH" "IMPEACH JUSTICE DOUGLAS" "TO KILL A MOCKINGBIRD" "CLARENCE DARROW: CRIMES, CAUSES & THE COURTROOM!"

old structure was remov~d lind construction of the ntw courthou~e MglIn. During the construction period, couru were held in the old ~ Dale Armory" since the loc;.,1National Cuard had moved to a new facility on U.S, High .....ay 231 , On MIlY 4, 1969 the new courthouse WflS dedicated, with Governor Albert Brewer I1S the main speaker fo r the event. The county offices wer~ locat ed on the first noor of the building while the courtroom and county law library were located on the third noor. The ~ nlire second noor was left unfinished In 1969, but by 19$3 this noor housed two more courtrooms and omees for judges and court staft The building was constructed of brick and concrete. It is of modern design. Outside the courthouse. to maintain its

roots to the past, lhe Dale County Commiuion preserved the brass bell from the former courthouse clock low~r. This bell had seMd the county for 66 years. The historic bell was rededicated on December 9, 1974 , • The author gratefully admowledges tl/e interest and Qss/stance of retired juclge (llid (lutl/or Val L. McCc/./ for his sU,Qgestions IJnd (or lise of the historic photographs. The author also (lclmow/edfl4!s assistallce (rom Dale Co/Illty his·

Snell, 1968; flistoric Markers (or Dale County-Coullty &Gts & Courthouses, prepared by the Dale County Historical Society, Val I.. ~tcCee, president. 5pring 1979; The Origill$ of Fort Rucker, Val I.. ~1 cGee, 1987: Claybonk Memories, A II/story O(Dale County, Alobama, Val I., McCee. 1989,

S.mu. I .... "umo..., Jr. s.nw~ ~, Jt

Sourc ••: ~~rly History 0{ Soulheast AJabama,~ W. L. Andrews, articles written In 1899 and published in The Alabama I1istorlcal Quart~/y, vol. X, \)"ges 99· 132. 1948: FOrgoU0l 'n'mls, A History of Dalo CoUll/II A/olxJ//1Q 1824-

1966, Pred S. Watson, edited by William R,

.... ---_.. --... ","""'1' 01l1li 1..WooeI~ 01 ~

torlall Cra!1 Richardson al/d Montgomery o/tomey ~rrll OT'QUJll.

"""

School d Law He

AIIDIomI Sta~ 611'1 FIO'I'IiIv Uiw Stmion and Ia

'rI practk;o In

BIt~ WIlI'IItof 'lfm O! MIg4lorOoo & RI.onorI. R..nIorto......cl .. 1III ~ oommInIooer lor Ihl101h CIfWII. pUle, fU!\I)Of Iou<. aod . . . mtmt/tf O! ~ AWbl/r .. 1.1")'ff Ed~Orililloltd He 11 II1II c.-",nl PIOtlOtnt"~l O! llie ttal" 011l1l<I ~I beccmI jlfHIdanIln July 2000 He II • tVllft<I COlOnIIIn ". LInII.a SlaiN NrrYoJ IIHMw JAQ CorPI'

The Law Office Management

Assistance Program TIle law OffIce Management AssJstan<e Progmm (LOMA~ Is a dear1ng·house for InformaUon on illi aspects of Ule opeliltlon and management of the fl'IOdem law offke, For ITIOI"e lnformilllon or to ~ conndentlal assistance with """ _ _ Ions ronta<I: 11111 kll ill ()!(It. Cooltl* C6uriItouH kil'll1 tMu'fd ~ T/rnuQRu_rl!l'J5)

Marnr lor hlJlaric c()mlhOlI$ll kll

Laura A. Calloway, LOMAP Director The Alabama State Bar P. O. Box 671 • 415 Dexter Avenue Montgomery, AL 36101 (334) 269-1515, ext 116 Icalloway@alabar,org

..... v 2COC I 10 .

War Stories The Alalxlma Lawver is looking for "war stories~ to publish in upcoming iS5ues, humorous tales and anecdotes about Alabama lawyers ilnd judges. Obviously, for such stories to be published, they must be (a) true, (b) amusing

and (e) tasteful . Send your reminiscences to: Thl! Alubuma Lawllor. P.O. Box " 156, Montgomery 36 10 1. Be lIurtl to Indude your name. add reu and. daytime telephone num ber, In clle we nted to conlacl

The Loc:Illl<lf Award of Achievement recognizes local bar associations for their ou15t,mding contributions to thei r communities. Awards will be pre· sented at the Alnooma Sl1ltc Bar's Annual Meeting in Jul)' at Orange neach. Local bar associations compete for thue awards based on lheir siu. The three categories aTt large. medium and small bar associations. The following criteria will be used to judge the contutanlJ for each category: • The degree of participation by the individual bar in advandnll pro· gram$ to benefilthe community: • The quality and extent of the Impact of the bar'~ participation on the citizens in that community; and • The degree of enhancement to the bar's im"Re in the commullity, To be considered ror thl. awarn, l()Cal bar anoclatlon. mU8t complete and 8ubnl it an awarn llppUcaUon by June I , 2000. An award application may be obtained by callinR or writinll: the direc· tor of programs at the state bar, Ed I'auerson, (BOO) 354-6 154 Of (334) 269-1515, ext 161, P,O, Ilox 67 1. folontgomery, 36\O \. •

you.

D Members: $25 each 1 TO 5 COPIES $20 each 6 OR MORE COPIES Non-members: $60 each ORDERS MUST BE PRE·PAID

Build your own network Expand your professional contacts. Increase your expertise. Share ideas. As a member of the State Bar, you can choose to join one or more of the 1apractice sections that focus on a par路 area of substantive law. You can request an appointment to any of 25 committees or task forces that are involved with significant issues facing the bar in Alabama and across the nation. I

Whether you are just building a practice or enjoy a thriving established law career, you can benefit from ClE programs. newsletters and meeting on a regular basis with colleagues who share your interests. Check out the ASS's Web site at www.alabar.orgfora complete listing of sections as well as an on路 line committee preference form. Additional section membership information is available at 1334)269路 1515, extension 305.

Keeping Alabama Lawyers Connected. ALABAMA

BAR

To Serve the Profession

MAY ,000 I

,a,

........ Join the Volunteer Lawyers Program and receive the ~B8S lc Issues 01 Law" manual on a 3-112" disk, free. This manual covers nine ~bread-and-bulter" areas of the law, Including adoption; bankruptcy; collections IIIlgallon:

divorce, custody and post-divorce: guardian and conservator by court appointment; mortgage foreclosure; powers of attorney; and will drafting. To j01n, simply complete the form below and mall to: Volunteer Lawyers Program. Alabama Siale Bar, P.O, Box 671 , Montgomery, Alabama 36101 . Upon receipt of your enrollment form, the VLP will mail to you the MBasle Issues 01 Law~ disk .

----,------------------------------------------,Enrollment Form Alabama Slate Bar Volunteer Lawyers Program P.O. Box 671 , Monlgcrnery. Alabama 36 101 Phone (334) 269- 1515, &XI. 301 · Fax (334) 261·6310 · www.8Isbsr.org

Name Address

Signature

Telephone/Fax Numbor

I will .ccept two c ••• ,.'.".1. In the 'ollowlng .,.•• :

o Adoption/Legitimatlons

o Family Law o Probate

Cl Sankruptcy 0 ~eaJ Property

Where you need me

Get on the list of very Important people. Enroll today/!

' ........, :woo

Proposed Amendment of Rule VI,

Rules Governing Admission to the Alabama State Bar The lJ<xmj of Bar Examiners ofthe Alabama Slate Bar. with 'he COllcum-'ru:t! of 'he Ikxlro of Bar Comm/ssi()TIt:TS. has recommended to the suprtlme COurt an amendment ofRule VI, Rules Gooeming Mmission to the Alabama Slate &r. The court has orrkml Ihal notice of Ihis proposed urmmdmml 00 giwn bll publica. tioll in The AlaooTlUl Lawyer. TIU! lext of Rule VI 0$ il would read anef this urrl(mdlllt'11' f()llows Ihisllf)fiCi!. The court will rect!ilN coml7ll"'/s regarding Ihis propos4!d amendmenl lhrough December /, 2000. Comments must be in wrilhlfl ond filed uilh Robert C. f:sdule,

clerk, Supreme Court ofAlabama, Judicial lJuiMillg, 300 Oi'xler AtlenIiC. Monlgomerll. Attlbama 36104-3741.

- George Earl Smith Reporter of Decisions Alabama Appellate Courts

Rule VI. Board Of Bar Examiners A. Creltlon of Board. In accordance with the provisions of Act 436 of lht' Legislature orAlabama of 1949, approvtd Augu5t 23, 1949 (Section

34·3·2, Code ofAlabama, 1975), there is hereby created a Ooard of Examiners on admission to the Alalxlma State. Bar, which Board shall hereafter be duignated and known as the Board of Bar ElUlminers, B. Compo. illon of 8oant. Unless a dif· ferent number is set by the Hoard of Commissioners of the Alabama Slatt Bllr, the Board of Bar Examlnm sh<l.1I comist of thirteen (13) members who are residents of the State of Alalxlma, and who are licensed attorneys of the Bar of this State, One elIaminer shall be designated by the Boord of Commissioners as OIairman of the Board of 13M ElUlmlners. but shall luwt 110 CX<l. mining responsibilities. In Heu of eXllmining respomlbililies, the Chairman shall sUJlj!rvl lt and direct the activities of the Hoard of Bar Examiners within such rules as art promulgated for the Board of Bar Examiners. The Chairman shall be compensated as are all other examin· ers. The Board of Bar EJliamlnm shall hold offi ce at the pleasure of the Hoard of Commissioners of the Alabama State Bar and may be removtd from office with or without cause by a majority vote of those pre· sent at any meeting of the Board of

Commissioners where a quorum is present. However, no examiner ma)' serve more than four (4) consecutive ~ar5. after October. 1976. without the prior approval of the Board of Bar Commissioners. C. Selection o( Examlnen. The Advisor)' Committee to Ihe Board of Bar ~:xaminers, appointed by the President of the Alabama State Oar, shall serve as a nominating commit· tee to nominate persons for member· ship on the Board of flar Examiners. Such nominations shall be made in consultation with the Chli rman of the Hoard of Bar Examiners and the Secretary of lhe Alabama State Bar. O. Vacandu and Removal From Ofnce. Any vacancy on the Boord of Bar Examinm shall be filled by lhe Board of Commissioners m lhe Alabama State Bar. Interim appoinlmentJ for no more than one elIam may be made by the Chairman with the "pproval of the ~:xec uti~ Committee of lhe Board or Bar Commi~ion c rs . E. Compenullon o( Members. Each member of the Board of Bar Examiners shall re<:eive as compen~ · tion such sums as shall be established from time to time by the Board of

CommiSliOlltrs. In addition thereto. examiners shall be reimbursed (or reMonable and necessary travelin.!! and othH e~penses Inddent to the discharge of their duties. Thc.se expensu shall include bookl. poJtage. stationery, supplies. printing n.nd other expenditures in the discharge 0{ their duties. The members of such Board shall submit statements (or their compel\$lltion and expenses on fornu provided b)' the Secretary. F. OrgJnltltlon and Authority of the Bond. The Board o( Oar E""miners shall be chaired by the Chllirman who ClInnot succeed himself in office. The Secretary of the Alabama State Oar shllil selVe as Secretary ex·officio.

A quorum (or ally meeling shall con· sisl of seven (7) members. Avule of Ihe majority of the Boord of Bar Examiners present at any meeting shall constitute Ihe action of said Bvard. The Boord of liar Examiners shall examine such applicants fo r admis· sion to the Bar of Alabama as may be certified to the Boord under these rules and sh.1I1 perform such other duties as may be required of them by the Board of Commissioners of the Alabama Sta:e IJar. C. TIme Ind Place of Mutlngs. The Boord of Bar Examiners shall hold meetings for the purpoJe of examining applicants for admission to the Oar at least twice each yellr as pro· vided in Hule VI,N. All the members ofthe Bo..lrd are not required to be In attendance throughout the e~lImlnb ' lion; provided, however, that lhe Chairman shall arran.lle for the aUendance 0( such members as are necusary fo r the efficient adminis· tration ofthf examlnllIlon. The Board of Bar t;~aminers shall hold such other meetings as lire necessary to fulfill its funclion. The Board shall meet at the call of the Chairman or a majority of the Board o( Bar Examiners. n . 8 ar Examlnl Uon Subjects. (J) Academic Iklr Examination.

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.... V ;N)O(I

(a) Alabama Essay Examination. The Board of Bar Examiners will conduct an essay exami· nation on subjects not covered by the l'>1ultislate Bar Examination or the Multistale Essay f:~minati o n , These subjects may include impor. tant topics of state law a5 well M federal taxation. At leMt twelve (12) months in advance of the first administration of the Alabama Es$ll.y Examination. the Board of Oar Examiners shall prepare and distribute to all students in Alabama law schools (indi· vidually (lr through lhe schools) ~nd the deans of all Alabamb 11Iw schools a detailed outline of the topics which arc subjcctto being included elO the Al<lb..'!ma Essay Examination. The Alabama Essay E~amination shall not ~xceed three and one·half houn in length. (b) Multistate Bar Examination (sometimes referred to M "MBE"). This portion of lhe examination will cover the following subjects: Contracts. Torts. Real Property, Evidence, Criminlll l.aw, and Constitutional Law. (c) Multistatt Essay Examination. This portion of the examina· tion will cover such of the fol · lowing subject.s lIS the Board of Bar Examiners may deter· mine: Agfncy and Partnership, Commercial Paper, Connict of Laws, Corporations, I)ecedenu' E:slates, t'amily Law, Federal Civil Procedure, Sales, Secured Tran$lIclions, Trust and Future Interests. (d) Multistate Performance Test. This portil)n of the examination will consist (If two 90· minute telU covering the fol· lowing skills: problem solving, legal analysis and reasoning, factual analysis, commu· nication, organization and

management of ~ legal tMk, and recognizing and resolving ethical dilemmM. (2) l.egal f.·lhles. The Multistate Professional Responsibility ElUlmlnation (MPRE, see Rule Vl.fo1) prepared by the National Conference of Bar Elt3miners sh311 be used M the uaminlllion on Legal Ethics and Professional Responsibility, An applicant musl paMl both the Academic Bar Exa'Tlination and the Ethics Examination 10 be cer· tified as II successful candidate. I. " repuallon, Conduc:t . nd Gnding

or EXlmlnations. (1)

PrclHJrafiotJ 01 Exuminations. The IJoard of Bar Exominm ~hall be responsible (or preparation of the Alabama Essay Examination, under such guidelines as shall be estllblished by the Board with the approval of the Boord of Commissioners. The Multi8Ulte IIl1r ElUlminlllion, the fotullistate Essay Examination, and the Multistate Performance Test will be prepartd b)' the National Conference of Bar ~:xaminers, which ihall determine lheir contenU.

(2) Conduct olBxaminolions. The Bo.'1rd of llar Ex.1m,ners sh<ill have the right, power lind authority to adopt rules not inconsistent with the laws of the SUlIt. of AlM):lma, or the orders of the Supreme Court or the Bo.lrd o( Bar Commissioners gO\~rni ng the control, melhods and details of conducting such ex..lminations, The Secretary of the Alilbama State HaT, at the time he issues to an applieant the certificate herein above provided for, shall issue to the applicant also II card contain· ing a persoMI di!t!ngulshing number, the pUrp<)Ie and use of which shall be carelully expillined to the applicant. and shall preserve a duplicate thereof tn this office. In standing the examination. the appliant ~ not 5i.!!n hiSlher

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name to or upon al\Y paper or doc· ument, or otherwise identify hi:Vher examinatfon answers than by said mJmbtr, and is hereby for· bidden to disclose this number to any member of tht Board or to any other person whomsoever. If any applicant violates this requirement in any particular, the appli. cant's elWTlination pal>erJ shall not be considered by the Iloard of Bar f-;xamilltl'S, and if it be discovered that such disclosure: was made the applic.lnt shllil be subject to disciplinary aclion for deceit and mimprestntation. This requirement shalllllt/lin be c.lllcd to lIle attention of the appllc.1nl by the Board of Bar Examiners before he/she is ]>ermilted to begin the examination.

of Bar Examiners. The Board of Bar Examiners shall regrade all the answers of any applicant whose initial combined score. computed as set forth in Rule VUO), is 125, 126 or 127. respective applicants to identify them. the Hoard of 8ar Examinel1 shall certify final grades to the Secretary of the Alabama State Bar no later than April 15th following a February examination. and September 15th following a July examination. The Secretary shall make a per· m,ment record in the Secretary's office of the grades attained by each examin€e in each subject, and ~hall inform each examinee whether the tXllminee h,u passed or failed the uar1'linlllion.

It is the express purpose hereof to provide a method whereby the Board of Bilr Examiners, in pass· Ing upon the sufficiency of answers to questions propounded by it, shall be unacquainted with the identity of the person whose answers It is passing upon.

(3) Grading of £Xaminotiolls. EUIlY and performance test questions will test the applicant's ability to reason logically. to analyze DCCU.... tely le(;ll problems, to demonst .... te a knowledge of the funda· n'ental principles of law and their application, and to perform basic legal tasks. The grade of Ihe paper shall be measured by the reason· ing power shown as well n.~ by the correctness or incorrectness of the answers. Answers to Muilisillte Ess.ly Examination questions shall be analy~ed and graded using the model answers provided by the National Conference of Bar Examiners and according to gen· eral principles of law. Answers to Alabama Essay Examination ques· tions shall be anal)'ted and graded using the model answers prepared b)o the Boord of Bar Examiners and according to Alabama or fed· erallaw as appropriate. Essay and performance test ques· tions will be scored by the Board , . . .... , 70M

An examinee who fails the acade· mic portion of the bar examina· tion will be furnished the following information at the time of notification cJ the fai lure: his or her Multistate Bar Examination $Caled score, the grade made on each essay question and perfor· mllnce test, and his or her high. est combined score. Within sixty (60) days after the anllouncement of the results, a failing examinee shall be entitled to examille his or her own papers in the State aar Headquarters for the purpose of ascertaining that grades were transcribed correctly. and upon payment of 55.00 per secliOr1 of '1Il}' e~5ay examination or performance test, the exami· nee will be entitled to receive a copy of the question(s), and of his or her answer(s). and of the model answer(s) and to examine at the State Bar Headquarters the three top papers on that particu, lar examination. J. Ru ult. (J)

or ExamlnlllUon •.

&sic Rule. Raw scores on the wrillen portioll~ of the Acadtmic Bar Examination shall be w~ight.

ed so that tht Alabama Essay l':K.ilmination questions are worth 40% of the lotal 'Mitten score. the (\tultistate Essay Examination Questions worth 4()%. and the Mullistate Performance Test queslions worth 20%. The total weighted raw written 5GOre shall be scaled to the MilE using the two methods for scaling bar examination scores approved by the NatiOllal Conference of Bar Examiners. (Methods: 1. Equi. percentile; 2. Standard Deviation.) The applicant's scaled written test score 5hall be expressed on the MilE ranllt of scores (0.200) and shall be com· blned with Ule applicant's scaled MilE score. The srnled written test. score and the scaled MilE score shall contribute equally to the combined score. 50 that the ovtrall contribution of the respec· tive components of the Academic Bar Examination will be as fol lows: MBE: 50116: Alabama E$5Ily Examinlltion: 20%; Multistate Ewy Examination: 20116: Multistate Performance Test: 10116. An applicant who achieves a combined score of 128.000 or above by either of the two meth· ods passes the academic portion of the bon examination. Scores which are not who'e numbers shall be truncated to the next lowelt whole number. (2) Transfer of MOE Score. An applicant who, after July I . 1984, has

taken and passed a bar examina· tion in another jurisdiction. who has been admitted to practice in thai jurisdiction. and who made an MOE scated score of 140 or above will be excused from taking the MB~: . The transferred score will be valid for a period of twen· ty months after taking the MUt:. The applicant's transftrred MBE $Core will be combined with the applicant's written test score according to the basic rule. The applicant shall have the option to take all sections 0( the bar examination and the scores will be combined under the basic rule.

(3) Curryowr of /tim; Score. An appli.

twelve (12) montN in advance of the first administration of the Alabama Essay Examination, the Board of Bar Examiners shall preil<lre and distribute to all students in Alabama law schools (individullily or through the schools) and the deans of all Alabam.l law schools an informaUon booklet on the Alabama £May Examinlltlon. This booklet shall include II description of the Examination, including a state· ment of its purpose and the areas of law \0 be c(N(:red; Ihe instructions which will accompany the Examination when administered; and the subject matter Of topic outline required by Rule VUl.(I)(a). Followinglhe first administration of the Examination. the information booklet shall be reviled also to Include the questions and correslx>nd· ing model answers from the flrst administration. The Board of Bar EXlIminm shall ~reafter update the information bookl~t at such times as it deems appropriflte. and shall include therein reprtscntative $ample questions and corresponding model answers from prior ntlmlnlstrations. The Board shall routinely disttibute the booklet to all applicants. and shall gent rally make the booklet available upon request. Areasonable fee. to be determined by the Hoard of Bar t:;xaminers with the concurrence of the Board of Bar Commissioners, may be charged to requesting parties.

cant who, a.'ler Juty 1, 19M. has llIken and failed the bar examina· tion but wilo made an MBE scaled score of 140 or above will be excused from taking the MOE. The MOE scaled score will be carried over for any fu ture examination for which the examinee is ellgible within a period of twenty months after taking the eMlier bar exami· nalion. :lIld will be combined with the applicant's written test score according to the basic rule. The applicant shall have the option to take all S(ctions 01 the b:lr examination and the scoru will be combined under the ba5ic rule. (4) Garryowr of Written 1Cst Score.

An applicant who, after July I. 1984, has laken and failed the bar examination. but who made a written test score which is equiv· alent to or greater than an Mrn: scaled score of 140, as deter· mined in accordance WiUI lhe basic rule, will be excused from lakin" the stctions of the bar examination which contribute to the wriUen lest score. The written test score will be carried over fo r any futu re bar examination for which the examinee is eligible within a period of twenty months after taking the earlier bar exami· nation. and will be combined with the applicant's MBE score according to the basic rule. applicant shilll have the option to take all sections of the bar examlllllUon and the scores will be combincd Ul1der the basic rule.

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(5) Time of flection/o Transfer or

Corrv Over Scortl. Elections regarding the trllnsfer from another juri5diction of lin MBE score, or the carry·~r of an MBE SCOre or written test score from a prcviou5 Alabama examination. must be made at lhe time any application is filed. K. Acall 10 Tnfom aUon Regarding

Alabama EliI,)' Examination. At least

Acceu to Information Regarding Other E:xaminaUonJ. The Board Of Bar Examiners shall make available to applicants sample and informatiOnlll materials that will acquaint applicanls with the general content and format of the Multistale B.lr f:x.lminalion, the Multistate Essay Examination, and the fotulUstate Perfomunce Test. This requirement may be met by routinely distributing to all applicanlS the infor· malion booklets on these ex.1mlnll· tions published by tht National Conference of Bar t:xaminers, and by advising RllPlicants o(the Ilvi\!lability through the National Conference of Bar ~:xaminers oi.s.lmple questions and analyses. A reasonable fee. to be determined by the Boord of Bar EKiUTliners with the concurrence of

the Board of Bar Commissioners. may be charged to parties who request lnfomution outside the routine distri· bution to applicants. M. Multistate Profeulonal Ru ponslbiUty Examination. Before admission to the Bar. each applicant mwt have success· fully passed the Hultistate Proiessional Ruponsibility Examination ( MJ>I~E). To complete successfully the MPnE. the applicant m(ISI have achieved a scaled score of at least 75 u that score is determined by the testing authority. Successful completion of the t>1PI~E by an applicant at any tlme v.ithin the tW'Clve·monlh (12) period prior to the taking of the Academic Bar Examination will be accepted and such succe$Sf(11completlon may be carried over for a period of twenty (20) months from the time that the first Academic Bar Examination is taken, if such Academic Bar ~;xamlnatkm is not passed. If an applicant has passed the Academic Bar Examination. but has not successfully completed the MPRE, he shall have a period of twenly (20) months from the date of the Academic Bar Examination in which to successfully complete the t>lI'RE.

Complete application matt rials for tesling, as W'C II as all other corre· spondence, inquiries. and requests concerning application malerillls and the administration and processing of the National Conference of Bar Examiners' Multistate Professional Responsibility Examination (MilnE), should be directed to: National Conference of llar Examiners foll'HE Applicalion Departnlent P.O. Box 4001 Iowa City, Iowa 52243 (319) 337·1304 N.

TIme of Bar Ex.mln.tlora. The examination will be given on Monday, 1'lIesday, and Wednesday of that week in Februal')' and July in whIch the MBt:; examInation is admInistered. The Alabama ~:uay t:xamlnation will be on Monday, the Multistate Performance Test and the MultlstMe Essay Examination on Thcsday. and the Multistate llar Examination on Wednesday. • loin

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In today's world of lawyering, one of th e most troubling problems concerning the practice of law, as well as the image of the profession, is solicitation . Lawyers are constantly complaining that solicitation is rampant and is depriving lawyers who don't "run" cases of clients. Potential clients are increasingly complaining to the bar of unwanted personal contact by lawyers or th eir "investigators ." How can we stem the tide of ever-increasing "ambulance chasing" which everyone. both lawyer and nonlawyer, complains about, but is very reluctant to get involved in by filing a formal written grievance? The United States Supreme Court has determined that contact by mail or advertising by a lawyer is permissible, but may be subject to regulation or control by a disciplinary agency. The Alabama Supreme Court and the Disciplinary Commission of the Alabama State Bar have visited the issue of solicitation in opinions rendered by 8y oJ. Anthony Mclain G&n9fal Coonsel, AII'JOBma SlafB 88r

those respective bodies.

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What the Alabama Supreme Court Has Said \\'hilt many believe that solicitation IS II relatively new problem, the Alabama Supreme Court, in II 1956 case, held thai, M There can, of (ourK, be no justification for ambulance chasing. It cannot be too strongly condemned,"' The court reaffirmed the

la~r's

five .year suspension (or

soliciting clients involved with four accidents in which per· sons were killed or injured. Some 16 years laler, while revening Ihe lawyer's suspen· sion for alleged solicitation, the court accepted the bar's argument lhat ..... [Tlhe rule against sol icitation should be enforced strictly.''! The following ycar, the court reviewed the appeal of a lawyer charged with fnlling to Incl\Jde the required di$cl"imer in the lawyer's advertisement. with failing to file II cop), of the advertisement with the bar as required b)' the Coda of Professional ResPOIlSibllltJl, and of engaging in privllte practice under a misleading name at the time of the published advertiument! Referring to the United Stales Supreme Court opinion in /Joles u. Slate 80r of Arizona. "33 U.S. 350. 97 S.C!. 2691 , 53 L.Ed.2d 810 (1977). tht court affirmed tht right of the bar to restrain advertising that Is deceptlYe or misleading.' Then. in 1996. the court dealt with Ihe philosophical basis for rules governing advertising and solicitation when a laW)'er had a flower wrealh delivered to a funeral home whtre the body of /I small child who suffocated in a daycare van was located.' Attached to the wreath was a letter of condolence approved b)' the lawyer who folded the letter and placed It in an envelope along with a coP)' of a bro<:hure describing his firm 's scrvices. The hlW)'er argued that his conduct constituted "direct mall" solicitation and wu therefore permissible pursuant to case law of the United States Supreme Court and opinions of the DisclpHnary Commission of the Alabama Slate

Pl•••• not. : The Inlonnallon conlalned in Ihis year's AlnliDma 80r OifBClorywili be current as 01 April I. 20XI. AnV membership changos m&do after that dale w ill not be reflected in this yeats directory. Please mail all changes lor next year's directory {2001) to: Alabama Stata Bar. Membership Dept., P.O. Sox 671 . MootgornElfY 36101 ; lax to 1334) 261 ·6310; or a·mail to msGalabarorg.

MAY '000

Bar. In rejecting this contention, the court held, "The (acts in this case do not concern 'direct mail' or even the 'mail' at a.1I .... The court (urther opined that the rule prohibiting solicitation ~ .. .i5 clear as to its purpose and spirit. and Ithe laW)'trl clearly violated the purpose and spirit of the rule."" In upholding the lawyer's \'ft'O-)'ear suspension b)' the Disciplinary Board. the court held thllt the laW)'tr's conduct adverscly reflected upon his fitness 10 practice law and demonstrated a.n indifference to the purpose and spirit of the rule.... M .. .

The Disciplinary Commission Speaks Out In light of the efforts of certain la",),cr' to engage in advertising and marketing of their legal services. the Disciplinary Commission has been requested on numerOliS occasions to provide ethical guidance under the former CQ(re of Professional Responsibifilll and the present Alabama Rules of Professional Ccnducl. In one request, the lawyer inquired as to whether he could contact potential class members in a medical malpractice action b)' wa)' of direct mall.' The Commission determined that 5uch contact was permissible b)' mail. but not in pel'$On. The Commission further directed compliance with th05e other provisions of the Code of Professional R/!$vonsibility concerning advertising and solicitation. e.g., filing reql,liremenls, disclaimer, etc. In another matter, the Commission was asked to asse.55 the prOpo$td activity of a laW)'er who had departed from a law firm and who wanted 10 contact clients he had represented while a member of the former firm ." The Commission concluded that ab$ent intentional interference or fraud. the laW)'tr could contact the clientll unleu the client objected. The Disciplinary Commbsion has also determined that.: (I) a 1~W)'er may not u~e his pllTticipation in another bu~ine$s. occupation. or profession as a "feeder" for his law practicej ll (2) a lawyer may not engage In In -per~on solicitation of pretenl or past cliellU for "new" areas of legal work." An olt-reque~ll-d opinion deals with the 'Welcome Wagon" concept u11H1.ed in certaIn communlt!e.\. The specific issue addressed to the Disciplinary Commission was whether a ta~ r could enter Into a sponsorship contract with 'Welcome Wagon" whereb)' new residents in the communit)' would be called upon b)o II member of ' Welcome Wagon~ who would give to the new resident II pjlcket of information which would include the lawyer's firm brochure, business card, or other material supplied by the lawyer to "Welcome Wagon." In rtViewillg this p~ scheme, the Commission concluded that such 'Io'OUld constitute in.person solicitation b)o a third part}' on bernlf 01 the lawyer."

Who's On First? Can Lawyer Ima Goodie 1Woshots. who shudders at the thought of being known as a "TV Lawyer," pay the advtrtising budget of La.....yer Needsa Help who will in tum rerer all ~big fee cases to Ima? No, sir!" The Disciplinary Commi»ion tw. H

also determined lhal a law firm's inclusion in a firm brochure

of past settlement or damages a.wards creates an unjustifiable expectation in the mind of Ihe reader (prospective elient?) seeking legal representation,ll The obvious solicitation is readily defined. Out the creativity of lawyers sometimes creates an appe:v/lr\ce of Wlicitation where none may h3Ye occurred. Consider the pl3inliffs lawyer involved in II products liability or bad faith case who writes to other c1icntalc u5 tome u/poll cyho lde r~ or the corp()rale defend;,"! in an effort to obtain "p<!tlcrn and practice" witnesses, In response thereto, certliin of these may now feel that they have alike claim, nnd end up hiring the contllcling lawyer, Most W(luld view this as solicitation because, but for the contact, no lav.),er-cllent relationship would have occurred. If the lawyer complies with lhe rules governing advertising as they relate to direct mail solicitation, no prob· lem. If the lawyer does not, then there Is II problem. f.1any also Question thou instances where n non-lawyer ~si gn$ up" a client on behalf of the la~r. with the dient never meeting the lawyer In mosl instances unlillhe matter actually proceeds to a court hearing or is settled. Such activity Wa.$ condemned by the Alabama Supreme Court in Dauis u. Alubamo Stute Iklr, 676 So,2d 306, 309 (Ala. 1996). The court rejected the I/lwyers' contention thlltthey were the victims of a "witch-hllnl" conducted by the bllT because the bar did nol approve of the firm's advertising practIces, [n upholding the discipline of a 60·day suspension (or each of the two lawyers inY(l[ved. the court stated, "We uphold the discipline imposed upon thue attorneys. but we /Ire not upholding It because they advertised: rather, we uphold it because the adve rli ~ lng Wt1$ misleading in thalthe attorneys did not provide what they hnd said Ihey would provide."

thereby giving the ddendant advnnce notice. Believe it or not $Orne of thest defendants then evade selVice. In order to allow this profession to maintain i15 right to stlf.police, lawyers owe It to tht profusion to stem the tidt or unwarrllnled, prohibited solicitation. l..awyers also owe il to the public to refrain from unwanted intrusion into their personal affai rs. The Alabnma Supreme Court has reasoned that, "False and mls[eading advertising by attorneys can, and probably h,)5, greatly harmed lhe public's perception oi lh ~ legal profession, al a time when the public's confidence has diminished. lndeed, lhe vast majority of those in the legal profes· sian think advertising is hnrmfu[ to the imnge of attorneys."" Whallhen can be saId about solicitntion? Wh[le the lwl) matters, adVertising and solicitation, are oblliously not one in the same, many times the public nnds an offens[vt lone in both which causes the two to be grouped logether for discussion purposes. And while a prophylactic ban on lawyer advtrtising is unconstitutional. the nrguments supportive of adYfr!ising can hardly be !aid to apply to solicilnllon. Champerty, ambulance chasi ng and barratry are all can· demned and unacceptable to both Ihe public lind the profession. But how do Wf, as a profession, explain our leu lhan adequate measures to prevent these from occurril1l1 We must take affirmative steps to elim[nMe these problems from the legal landscape, and plant seeds of trust and profe,siol\lliism, thereby ensuring the public's right to be SlIfe from unwel· comed advancu and intrusions of those who seek to ply their trade in these ways. • Endnot ••

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Let Go My Case-O! Lawyers contlnut to complain that other IIlW)'frs are "stealing~ their cases. l..awyers complain that their own clients receive direct mail solicitation letters offering legal selVices, evcn in situiltions where the recipient is already being repre· sented. Some even complain that those who offer defense strvices to those being sued in district or circuit court 3re so tea[ous in Iheir mailouts that the sued parties onen receive the direct mail solicitation letter before selViee Is perfected,

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By Christopher Lyle Mcilwain , {M

"'AY 2000

•

itle VII imp4)$t5 a duty on

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ered employer:s to stop sexual harwment of employees by

supervisors, co..cmployees and even third parties such M clients or cus. tamers. Coules lJ. Sundar IJrands, Inc" 164 f:3d 1361. 1366 (111h CiT. 1999),

Violation or Ih;lt duty can result in very large judgments against an employer. The most cost-effective method (or employtrS to deal with potentialljability for sexual haranmenl is to avoid lawsuits in the lirst place without compTO+ rni sing or unduly prejudicing the

employer's normal operations. In this fashion, the employer can not only dodll;e Ihe financial penalties associated with this type of litigation, but also the bad publicity that may accompany the lawsuit. Therefore, in the spirit of David Letterman, you <Ire hereby offered Ihe "Top Ten" ways of avoiding sexual harassment lillbility (drum roll. please):

Don't Wait for Fonnal Complaints Before Taking Action to Stop Harassment An employer must elercise reasonable care to prevent and promplly correct any sexually harassing behavior. The employer's duty to take corrective action is necessarily triAgered when the employer "knows" about the harassment. This knowledge may be hcqui red not only through o((jcial complain15 by victims, but alS(l lhrough uno((jcial complaints or reports of persons other than the victim. See, e.g., Dees v. Johnson Conlrols World Servia-s, 1M.• supra ,

Conduct Pre-employment Backifround Investigations It Is important (or an employer to make a reasonable investigation of the prior employment tI( all applicanlS (or employment durinll the hiring process to determine whether they have previously committed inappropriate bl:h;lYior. This will help cull some of the "bad boys" and will also provide II defense to state law claims (or "negligent hiring" that are often appended to sexual harassment lawsuilS. See. e.g., Portera v. Winll-l)ixle 01 MOlllgomerg. Inc., 996

F. SuPP. 141 8, 1438 (M.D. Ala. 1998).

In addition, an employer has an obligation to exercise a reasClnable level or vigilance. Sp/UfJgfl v. $honeg'$, Inc., 97 ~~3d 488. 491 (11th Cir, 1996) and it will be said to have Kconstructive knowledge~ of sexual harassment where lhe clrcunu tanc.es art luch thM it should have known of the harassment. See, e.g.. t/ampallus, 163 F.ld, 1251, fn. 24 (harassment was open IUld pervasive): Faragher, 118 S.CL 2284 (discussing caw where the president or owner of the employer is the harasser. or where they or high-echelon officials or an e mplo~r organization hllve actual knowledge of Ihe hara.ssment) . Therefore, an employer should encourage off employeu - not Just victllm- to report incidents of harassm~nt they may witne.u or evtn ones about which they hear rumors. Then it should take corrective action whether a com· plaint has been made or not.

Adopt a Written Sexual Harassment Policy EspedllUy where an employer's operations are far nung, upper management mlly not become IlWllre that sexual harassment is occurring. In those cases, a problem may fester until it cannot be controlled short of the litigation proceu. An early warning s),stem can aid the employer by allowing it to take action to resolve problems before they reach thai degree o( seriousness, Therefore. every employer should adopt a written sexual haraS!iment poliCy which strongly opposes sexual harassment, encourages all employees to report incidents of sexual harassment. and describes an effectivt procedure fo r making complaints bypass the harasser and go directly to a specific representative or lhe emplo)er. For a good example of such a poliCy, see Modray v. Publix SfI/Xlr Norkels. IlIc..

30 F.Supp.2d 1371 . fn. 2 (S.D.Fla. 1998). This policy must be disseminated to all employees. Faragher II. Cily of {JQC(J Ralon, 521\ U.S. 775. 118 S.Ct. 2275, '<II L.Ed.2d 662 (1998) (cit)' fail ed 10 disseminate its policy within the department where the victim was employed); Nuri I!. IWe, Inc .. 13 F,Supp.2d 1296 !M.O. Ala. 1998) (employer's motion (or summary judgment denied whert vic. tim claimed Ihat her failure to use com· plaint procedure was due to her lack of awareness of the policy). II it advisable to have all employees sill:n a verification of receipt of Ihe policy. If Ihe employer:w!opu and dissemiNtes an effective sexual harassment policy and procedure. it may be entilled to assert an M AY >000 I ' 00

affinnative defense to liability under 'nlle VII. In Furagher /I, Cilll of8ocu Rolcpl, supra , and !Jurling/on huiwlrics, 'IlC., II. Ellerth , 524 U,s. 742. 11 8 S.Ct. 1257, 141 L.Ed.2d 633 (1 998), the Supreme Court held that a victim of sexuoal harassment by a supervisor who fails to utilize the oomplaint procedure cannot impose vicarious liability under T1tle VII on her employer unless the employer otherwise fai led to exercise rcasonlille care to prevent lind correct promptly sexual harMSment of that victim, or lI\less the victim has also suffered some other tangible, adverse emplO)'ll1ent actlOr\. This affirmalivc defense has betn vcry effective in defending these types of cases, See, e,g., Coo/ef /I. Sundor Brands, IIIC., $upm (affirming summary judgment for emplQyilr on this basis); Musso'l 1.1. The SchoollJoard of Dade Co., 36 RSupp.2d 1354, 1359 (S.D. Fla, 1999)(samc): /lfllddill u. GTE of l-'IOri(/(I, Inc" 3J F.Supp.2d 1027, 1032-33 (M.O, t'la. 1999)(&3mc). See also, MudroV /I. Pub/it Super /tfllrkets, Inc., supra (same: victim complained to management per-

sonncl but failed to complain to th05e management persoMel desiSlnated by the policy to rcc('ivt complain15).

Never Discourage a Complairit or Report About Sexual Harassment Any employee who has a good faith, objecliue!U reasonable belief that sexual harassment is occulTi ng has a legal right to take action to stop iI, including

Free Report Shows Lawyers How to Get More Clients Calir.- Wh~ do som~ IIWYCIl 1"1 ri~h " 'hi1c OIhc,., sINgle 10 pay lheir billl? "hc IM_t. kWniina 10 IIlOme)', o.vid 1-1. W..-d. has noIhinl 10 do with lileni. WII\:1I1 ion, hard work. 01' even hoek. ~TM I,w~cll who mlkc 1M

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bt;lIcr law~ert,'· I'c 1liiy., ~Tllcy have si mply Ic.-ncd 11I)w 10 nlltket thdr Jcrvi~.'· A luccenr ll l toh JlflI~l ltiOOl:r who ooee struggled 10 1I"11ICI dicnl:l, Ward ctcditll hit IUmlllU\lnd 10 I n:rCfTllI mulo:II"1 .y.lem he developed

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iitn:am of !leW ellenl$, looluh Iller month,~ .... Iler yeu. ·'11 feel. Irt •• 10 ~ to the office every d.y knowing the ph-one will rlnl and new businen will be on tile li!\C." Ward has laught hi, n:fcm.1 3Y8lcm 10 ovcr 2,'00 lawyers ,",'orldwide •• nd hi, writlen a IIClW n:pon, " 110"1' T . Ge t Mo n: Clluh In A Month 'I'hln Vau No... Gtt All l'flr! ~ which ",Veils hc)w any 11W)'C1 can IlJe Ihls 'yltem to

"I _nt from dead broke and ,ei more cllentll IIld Incn:uc drownlnl In debt 10 cllmlnll their inc:omc. $JOO,OOO I year, practlcilly AI"blmI I'wycll cln ICI I ovcmlJlht, ~ he nyt, F KEI: copy of Ihi. n:porl by M!»l lawye,.. depend on clllln, 1.800.!I62... 627, • 24reAl" al •• he oote$, but ru)t one hOllr Ii-ee n:cor~d ~sSlile. Of In 100 use. I n:Aln'B1~y$lt!m, vlsl\ini W . r~'~ web 11t~. '· Without • 'yllem, refiom.l, hili):I/\o\·ww,davit! .... rd . tum

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reporting or complaining about the conduct. An employee abo has a right to file an EEOC charge, give lutimony, and M$ist or participate in any manner in an investigation, procteding or hearing. 42 U.S.C. 2oo0e-3(a): C/oocr u. Tota! System Services, Inc" 176 t~3d 1346 (11th Ci r. 1999)(employee did not have objectively reasonable belief). Any adverse action llgnlnsllhe employee because of her exercise of those rights gives rise to a cause of action for relaliation even if the conduct in question is not ultimately found 10 have risen to the level of actionable seJual harassmenl. Sul/ilJ(Jn u. No/iollol HQ/Jrood PcJ~9I!r C()rp., F.3d (11th Cir. 1999), instead of retaliatin" a~inst one who complains, oomplnints and reports of sex· ual hllt'tlSSmenl should be encouraged so that the employer may nip potentlal lawsuits in the bud by ending any improper conduct. They should also be taken !l:ri· oU51yand no attempt should be made to treal them in a humorow mllnner, Generalized fear of pottntial yetalialion is not sufficient justificalion fo r a

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victim's failure to utilize an employer's complaint procedl.lre. Jones u. USA Ptltroleum Corp., supra. However, where lin employu has a track record of punishing or ignoring complainants, 11 victim may be excused from following the procedure. This will result 11'1 a lou o( the "failure to complain" defen5t recagoited in Faragher and 6llcrth.

Policy Sexual harassment law has many parallels to the laws relating to workplace safety. As in the CMe of workplace injuries, Title VII imposes duUes on employel1 to exercise reasonable care 10 prevent and correct promptly the clluse of the interrerence with Illl employee's safe performance Qf her duties. Faragher, liS S.Ct., 2293. III part Q( their risk management programs. many prudent employers have periodic 5afety meetings with their employees to educate them on the enlployer's policies and procedures regarding safety so thllt accidentli and resulting ]jUgation can be avoided. Althou¢l some aJurtli havt held thaI an employer has no duty under Tille VII to conduct training se55ions regarding sexual harassment,.hmes fl. USA Atlrolcum Corp.• 20 F.$upp. 2d 1379, 1386 (S.D. Ca. 1998), it i5 MIMble that slich a duty may be imposed by state law based on the concept of ncsligent training or supelVision. See generally, Portera II. Willll Dixie 01Monif/Omttry, IIIc., 996 ~~Supp.14 1 8,

1438 (M.D. Ala. 1998). Moreover, so many decisions refer favorably to training programs that one must assume that at least subconsciously their txlncnn ",1$ a positive Impact on judges and juriu who are considering the reasonableness of an employer's acts and omiu ions. See, t.g., Masson u. The School Board of Dade Co., supra at 1358.

Therefore, an emplO'/er who is serious about eliminating sexual harassnlent ;md avoiding liability would be wise to conduct al least annual training sessions 10 emphasize the key poinls of the employer's sexual hMiUSmen\ policy. II is also not a bad Idea to erect posters In the work pi(J((: reflecti ng that policy as was done in Noddin u. crt: of Fiorillo, Inc .. supra.

Encourage Emp!oyees to Follow the "Preacher" Test III part of i15 sexual harassment prevention program, an employer must educllte il$ employees reg.1rding the types of behavior which arc unaccept· able in lhe workplace. Unfortunately the law does not provide a bright line test (or determining whether conduct is actionable hO$tile environment sexual harassment. Be(ore a jury renders its verdict. how don one know whether conduct is suffiCiently "severe" or "pervnive Mto alter the con· ditions of Ihe victim'S employment and create an ~abusive " working environment? Meri/or Sllu. IJorJr u. Vinson. 477 U.S. 57, 67, 106 S.Ct. 2399, 2405, 91 L.Ed.2d 49 (1986). See ~l50.lIumS II. Porkan S/ls., IIIC" 510 U.S. 17,21, 114

S.C!. 367, 370, 126 L.Ed.2d 295 (1993)(holding Ihat the harusmenl musl be bolh subjectiVely and objectively "o((ensive~). As a resull of Ihe nebulous applicable standards, courts and Juries seem to apply their own standards 0( decency in judginS the conduct of an alleged harasser. See, e.g.. Nur; u. IWe. Inc .. 13 F.Supp. 2d 1296, 1302 (totD. Ala. 1998)("lIere, the jury apparently found thllt Nuri', supervisor crossed the line of decency.M). Given this, il is often difficult to hllrmonir.e the results In cases which appc;lr to involve materially simi· lar facu. For example, in Mtndozu u. IJordCII, hlC.. 158 ~:3d 1171. 1175 (11th Cir. 1998), it panel of the Eltventh Circuit reversed it direcled verdicl in favor o( an employer where lhe relevant evidence was as fQllows: "ro1endor.a's testimony. esscntially unrebuued. wa$ that her $upervisor, Olin Pllge-the highest ranking execu· tive at Borden's Hillmi facility- 'constantly' followed her around lhe office and the hallways of the Borden's planl. staring at her and looking her up and down in a sexually suggestive manner. Me ndo~a also testified thaI. on two occasions Page stlred at her groin area and made a sniffinJi sound, ~ nd IInother time, rubbed his hip against hm, while touching her shoulder. Mendoza also a.s.serts that Page made inappropriate comments. noling lhllt he once told her, 'I'm getting fired up' when she came into his offi ce." /d. However, on reheadns Iffl bane the court set aside lhe panel decision, holdinllthat the conduct was below Ihe "baseline of acliQnable conduct.~ Mendota II. fJordl.'I1. Inc., _

....3<L-.,

_ (11th Cir. Nov. 16, 1999). !'rudent risk avoidance strategy would. thert fore. dlclatt that an employer require its employeC$ to utilite the "Preacher Test" In connectlon with workplace relalions: ''If)lOu would not do It in (ronl of )'OUr preacher. don't do it in froni of an employee of lhe opposite sex." Unless one's preacher is ClintoneAque, thiAshould eliminate the typical factual fodder of haraumcnl lawsuits such as polting of nude photos, sexual banter and jokes, (requent use o( (oul or sexually degrading language. and phySical horseplay. ,."',

~QIIOI

.0 1

Promptly and ThoroughlY Investigate AU Complaints Re~orts or Other E\Ildence of Sex· ual Harassment Once an employer learn~ o( ~exu .. 1 harassment, it should immediately iniliate an invcstigllLLon of the rct evllfll

facLs. This invesligation is required regardless of the apparent merits of the claim and regardless of lhe position of the alleged harasser. It should also be cond(I(:led even if the <llleged victim desi res otherwise. Delay will not only look bad to a jury, but the memories of witne5~e$ will be woue ,lilt! key documentary evidence may be lost or destroyed. The investigation should be conducted under the guidance of an attorney experienced in these malters. It should be thorough and fair. It should be can· ducted by lin invesligator trained in the principles of sexual harassment law. Beginning with the victim, the empl(lyer $hOuld try to find out all of the details- what, when, where, who-and the ident ity of anyone who may have witnessed the incidcn~. Supervisors of the harasser and coworkers of the \'ictim are particularly important sources of information as

well as potential witnesses in any ensuIng litigation. Find out what they know and what lIley do not know. To ensure accurllcy, the statements should be taken individually and separately rather than en masse. If possible, each statement should be recorded. Any re l ev~ nt documentation, such as video $e~urity tapes, lett ers, pictures, e-m.. iI me~sages. ex pen~e re po rl~ and time records (showing who was on duty Mtlle tir'l'lClX't rticular !ncidcr'l ts are claimed to have occurred), should be coUected and safeguarded. While the investigation is ongoing, caution the alleged harasser against Tetaliilling against or even contacting the alleged victim or potential witnesses. It is especially important that the harasser not be allOwed to scare or coach victims or witnesses. If necessary, the harMser $hould be put on paid leave until the investigation is completed. Investigations of this type can rarely be conducted on a totally confidential basis. It is important, however, that the relevant facts De disclosed only to those who have a "need to know". Among other things, disclosure of "facts" to ptTsons outside this circle mllY~ive rise to liabi lity fo r defa mation if the facts turn out to be false. Compare, Afkins

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Simplo log:c, Inc., P. O. Box 110, Allgood, AL35013 fox: 205-274-0178 II-mail : aimpl.@ole!co.nol SOI"lWAA! SOLUTIONS tMD! SIMPl.! SINe! 199 1

Ford Sales, Inc., II. Royster. 560 So.2d 197 {Ala. 1990)(am rmins judgment against employer (or $1 5~.OOO where facts derived (rom i n~$ tigation of theft were disclosed to persom who did not need to know thost facts as a pari of a p ro~r inve~ligllli()f\) with Stock/It.V IJ. AT&T Information Systems, Inc., 687 ~:S upp . 764 (E.D.N.Y. 1988)(grllntlng summary judgment for employer where the employer investigated an anonymous complaint regarding sexual h~rassment and made a report of the investigation to executives involved in investiltating or disciplinlnA: the harasser, ~vc n though the facts later became the subject of offi ce gossip). After the investigation is completed-and it should be completed promptly-the employer must l1nalyze the evidence and try to determine whether a jury will find that harassment has occurred or not. As in any case this me~ns focusing on the objective. verifiable fa ch ~nd the t redibili\y of the witnesses.

Take Remedial

As!.

t the

O::!sers All in the case of a safety violation or other workplace hazard. if the investigation determines that there is reasonable cause to believe that harassment hilS octurred, the employer has a duly to Llke aclion reasonably calcul~ led to stop the offendinA: conduct and prevent its reoccurrence. This action may range from a warning or reprimand all the way to termination, Including sensitivity training, counseling. suspension. involuntary transfer and fina ncial pel\'llties. The precise action taken ought to lake into account th~ pervasiveneM and seriousness of the miscQnducl. Any recommendations on punishment made by leilal

counsel should be made Vtrb3lly to top management Or in such a manner that the attorney-dient privilege can be pre· served. To ensure closure. the "yictim" and lhe "h<lr<lsser" should be Informed of lhe employer's ultimate conclusion and ils decision regarding remedial action. iloth should be informed that no retaliation of the victim will be tolerated. If punishment short of diKharge is imposed. the employer should periodically monitor the harauer's behavior <lnd follow up with the yletim 10 make sure that the harassing conduct has ended and that no retaliation (reprimands; selective discipline: negative evaluations) 1\;15 ()(curred or been threatened. If eithtr has occurred, the employer W(/uld be well advised to immediately terminate the harasser. I{, on the other hand. lhe victim gives false assurances lhal all is well. the employer is not responsible unless it has reason to know otherwise. Coales II. $ulJdor JJrallds, IIIC., supra.

Scrutinize All Ad\lerse, Tangible Employment Action Against

Employees to Detennine If Sexual Harassment Might Be the Actual Moti\lation for the Employment Decision Where a harassing supervisor takes adverse, tangible empl~nt action against the victim, the employer loses iU "failure to complain" a{firmaliye defense In su~rvisor 5e!Iual harassment cases.I-'(JraghIJr, 118 S.C\., 2293; Hllarlll. l IBS.Ct., 2270: Kelley II. IJ't.lrfeg, 29 F.Supp.2d 1304. 1310 (M.D. Ala. 1998)(denying employer's motion for summary judgment whert the super· visorlharasser had also fired the vicUm). Thngible employment action is a dc:cision which requires an "o(ficilll act" of the employer and which inmcts direct economic harm. /:,'lIer/h, 11 8 S.Ct., 2269. The Supreme Court has held that it includes such things as firing, denial of a raise. demotions, failing to promote, reassignment with signil'lcanlly different responsibilities. undesirable reassignments, lind decisions causing a significant change in benefits. Ellerlll. 118 S.Ct" 2268, 2284; Paragher, 118 S.Ct., 2293. The EleVfnth Circuit has noted that the phrase al50 includes "unwanted" reassignment. IMs u. Johnson COlltrols World Services, IIIC"

168 t:3d 417, 422 (1999).

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One very important unsettled question Is whether a constructive discharge COf'I-

slitotes tangible employment action. Because it doe~ not reQ\lire an "official acl" of the employer, one could argue thai it does not. MoreOVer. recognizinJ{ constructiVf diKhargc: l1S tllngiblc employment action in this context would allow victims to simply quit before first allowing employtr5 the opportunity to corrtct Ihe situation. Acrord,Jorws II. USA Ptltroleum CQrp., sliwa .

ElIlpioyeu can partially alleYlate the problem pre$entcd by tangible employment action by utilizing a procedure whereby important tangible employment decisions art m:idt. by someone or some group of persons outslJe an affected employee's line of supervision (and, therefore, hopefully outside the OIffccted employee's zone of jX)tentJal haraucrs) after an independent Invcsti· gation. The F.leventh Circuit has held that an employer cannot be held liable for II supervlsor's $Cxual har/lSSment of an employee who fails to utilite a com· plaint procedure. i!fXm if the victim is also the recipient of tangible adverse employment action. if the dl'tI$lon 10 lake thallangible employment actlon was made by someone olher Ihall the harasser aft er an independent inVfstiga. tion. /lumpallas u. Milli-Circulls LAb, ir'lc., 163 F.3d 1236 (11th Cir. 1998). C(" Slim/1Soll u. Cily Ql'Tuscaloow,

~:3d_

(II th Cir. 1999)(employet dbcharged by civil service board after administrative hearing). If the independent investigatlon-which should include a meeting with the affecl· ed employee-reveals evidence of sexual hari\S5menl, adverse employment action llga!"st the victim should be suspended. If no such evidence comes to th~ attention

Forensic Psychiatrist (IOBEHT II. WHAY MI> .. 1Il 1- 850- 668-1488 Office Bnd Fax .... .,

~O'DI

100

of the decision maker, the cnlploytr will be shielded fro m liability despite the adverse action unwittingly taken against the victim, Uampallas, 163 E3d, 1250 (''Thus.lthe decision maker! was not 'on notice'that (the harasser1 could be .scht;!ming agninsl Ithe victim1 b.'lSed on (the victim'51 SEx.IThe victim], although sh~ had the opportunity to do so, failed to inform Ith~ decision makul of her rei:!· tionship with (the harasser] and of the informalion she possessed lhat would have put (the decision makerl on notice thai [the Iwasser'sl threat m,l)' have been motivated by a discriminatory animus:') At the very least, all employees whose employment is terminated voluntarily or involuntarily shou ld undergo an exit interview which would include qun tiOI1$ designed to elld! inform:!tion regarding any negative experiences while employed, If evidence of sexual harassment is revealed, the emilloyer can consider reinstatement. If the employee does nOl proffer any evidence of se;(ual harass-

ment, this omission can be used as evidellce in any lb.ter litigatlOTl,

Document, Document, Document As the old saying goes, "If you can't prove it, it did not happm" 11 is, therefore, critkalthat an employer be able 10 prove thM it used r~a son(lb l e C<lre to prevent and eliminate sexual harassment. This would include the abmty to document that it hu followed e:!ch of the suggestions outlined above.

~'o r example, notes regarding pre· employment background investigations of applicaills should be Tc:lained. Each employee should be requirc:d to sign an acknowledgment of their receipt of the sexual harassment policy. They should also sign allendance sheets regarding haraS$ment·related training sessions. Instances in which the complaint procedure hll$ been utilized and Ihe t hrOnology of all ensuing investigations should be recorded. The findings of the investigation and the extent of rem~dial action should also be documented. •

Ch,l. toph. , Lyl. McUw. ln CtvI,1OP/'4t 1.)'Ie Mc11w8" " l)IetiOeN !III(! • ,hIo,!Ihc1Id<r< In Itlo Tu.<:CIIOQaI fl,m 01 Hubbard , SmUll,

Elrowtltr. PC HI

Mcllwlln. lIrake lleid '" ,~I(I.fI

A 111 11177

II"'" m. UnlYtrslry 01 AlabDma and • J.D. In 1980 Irom I/Ie IJMtfIrtlly 01 rlJat)6Mfj &:I\00I • Cow

Here's a business proposition trom Avis i>eeause you're a member 01 Alabama Stl\te Bar. \Ik']l give you ~ry sped al discounts at participating AvIs !oc~tlo ns. For example, you are eligible lor 20% orr our Avis Assoclalion Sf!lcct Dally mtes and 5%on promotlonol rotes. And you can ex]*Ct the most prOlesslOilal service In the Indust/)( J3ccause Avis cars come with Avis poople,0lid trylr18 harder Is what they do tKost.So make it )'Our business to take advarHage of all the m(moor benellts thai Avis has wailing for yUu.JU$1 show yUur Avis Member Savings Card or Asoodalion Member.;hip 10 card at lime of Il?nlal. llor more iniormaiion or reservations,call Avis at 1-800-698-5685.And be sure to menlion your Avis Worldwide Discount (AWD) mlmber. .-\530100.

_1.H$!\f!-.i_r~"" "" ", c., =~:::c",c:::=-------------------------------

ARBITRATION AGREEMENTS

ARBITRATION AGREEMENT.§.

The Coruumer's Perspective Advantages and disadvantages to the consumer of mand',·1 tory bi nding arbi tration, including the defini tion of tration and an arbitration agreement, the costs involved, what to expect in an arbitration and what consumers need to know in today's marketplace.

The ,

s Perspective

Consum~r

ALABAMA STATE BAR

Publications Order Form The Alabama Slate BOIr ~ pteased to make llVililable to individuJl attorneys,

firms and local bit OIssociOltiom, at ~ only, a SCfies of brochures on a variety of Il>gal topics of intcrcsl. to the ger.ctal public. Bctow is a CUJreI1t listing of public InformaUol) brochures available fl(ll1l the Alaooma Stale Sar (Of distribution by local oot associations, under established guidelines.

Brochures

I:::==-

To Serve the Public $ 10.00 per 100 Qly. _ _ S _ _ __ .. •details of bolt public service programs highlighted in the TO SERVE TNE PUBLIC video presentation.

Law As A Career

$ 10.00

100

Qly. _ _ S _ _ _ __

... opponunlties and challeng(.'S of a law career lodJY

$10.00 ~r 100 Qty. _ _ S _ _ __ ... a summOlry of basic informOllion on common legal questions and procedures for Ihc general public

Lawyers and Legal Fees

L.ut Will & restelmen' $10.00 pcr 100 ... covers \lSPCCts of estate planning and the importance of ho1\ling II wi ll

Q ty. _

$ _ _ __

Legal Aspects of DivOrce

Qty. _ _

S _ _ __

$10.00 pt!r 100

... offers OI)lions and choices involvL'CI In divorce

Consumer Finance or HBuying 011 Time" $ 10.00 fler 100 Qty. _ _ S _.,--::-__ ... outllnes iml)Qrlanl CI;msideralions and provides ,ldvice on financial mattcl'5 affecting Ihe individual or f.uni ty

Mediation ... Allother Method (or Rcso/villg Disputes

$ 10.00 pcr 100

Qty. _ _ S _ _ __

... provid(5 an overview of Ihe mediation l)rOCCSS In question-and.answer form ~ A,rbitr."ti""Agrcemen's

$10.00 per 100 ... ;, nswcl'5 qllestions on arbltr.l lion from the COl1$umer's l;lCr~I"x.."C t ivc.

Acrylic 8raciUlre Stand $5.00 each ... indlvidual sland Iml)rlnlcd with individual, firm or bar assoclallon !lame fOr One stilnd per brochure is rccomnllmd{'(1.

=======.

Name to imprint On stand : _ __ _ _ _

lise

Qly. _ _ S _ _ _ __ Qty. _ _ S .,--_ _ _ _ (II distribution points

Suhtotal $

Malting Address Shipping & Handling $ 5.00 TOTAL S P ease remit CHECK OR MONEY ORDER MA De PA YA IJI.E '10 n 'IEALABAMA STATE BA H. for the amount listed on the TOTAL line .11'1(1 fOlw.ml it with this order form to: Susarr Andres, Dil'L'Clor of Communications, Alab.1m" State Bar, P.O. Box 67 1, MlJntgomery, AL J& I 0 1

MAY 'o~

201

By Keith C. Kanlack his article will address the definition of a mechanic's lien; the use of a mechanic's lien by il general contractor, subcontractor or materl.. 15ullplier engaged in the con· struction induslr)' in AI.. bama; .. nd the legal proces.s associated with creating arK! enforcing a mechanic's lien in AI.. bama. This article is based OIl Alrtbama statutol')' law regarding mechaniC$' liens and various cases interpreting this law. The Alabama O:xk specifically Dddrwes mechaniC!' lieru in §f 35-11 ·210 through 35·11 ·234./\ mechanic's lien is the gtlleric!\llme for a lien 011 real property in favor of a person or entity furnishing labor or materials for the erection of buildings or lnai<ing improvements on fWl property.' \\!hen a mechanic's lien 15 filed by a JX!1'S01l or entity, the mechanic'llien creates a legal encumbrance on the subject real property which ITl<IY neRalively affect the property owner or other Interest holders in the subject real property such II.S a flnanciallrutitutlon.

:102 """' :11)110

Tht basic theory behind a mechanic', lien is lhilt one should not be able to enjoy the benefits of another's \\I(lrk or goods provided without compcn.'I<Iting the other for those benefits.' Mechanics' liens are applicable to construction prOjects in which the owner Is flOt a publiC entity such a.~ a municipality, the State o( /\Iabama or the United States govemment.' F"r the most p.1rt. construction projects in which the Q'Nner Is a gov. ernmental entity require that the general contractor post payment and performance bonds to provide (or payment to per· $Ons providing labor or materiab to II public project.' Defore pr(ICtedinR. it is important to note that the utiliza· tlon of a nlechank's lien may be just one leRaI remedy at the disposal of a contractor or supplier who has not been paid by an owner or general contractor. lIor example, II contractor or a supplier may haWl other legal remedies at their disposal such as breach of contract. A mechanic', lien claimant has the right to bring other yalid legal claims the cinimallt may have againsl the subject defendant(s), in addition to a lega! action to enforce a mechanic's lien. A/uoom(1 Co(/1.1 § 35- 11 ·210 defines the two types o( mechan· ics' lieru potentially available. The type o( medWlic's lien ayailable to a claimant dtpends primarily on the contractual relationship betwten the claimant and the owner. A 'full price" mechanic's lien claimant has tht: ability to file a m«hanic's lien in the (ull amount of ill contract willi the owner. An "unpaid b.1lllnce~ mechanic's lien claimant has a litn right as well. but only (or <lITIOunt o( the unpaid balance due {rom the owner to the g<.mml CO'I/raetor, Cenerally spenking. a general contr:tctor has the abilUy to file a "(ull price" mechanlc's lien; a ~ulx;on tractor hM the right to file an "unpaid balance" mechanic'~ lien: .. m.1lcrial supplier n.wing a direct contractual relationship with an owner haslhe ability to file a "(ul1 price" mechanic's lien; and a material supplier to a prime contractor or a subcontractor has the right to file an ~ unpaid balance" mechan'c's lien,1 Nevertheless. a materi.. 1supplier may 201$0 hiM the ability to file a "(ull pritt" mtchnnic's lien. Under Alabama Coc/1.1 § 35· 11 .21O,a m..terial supplier may provide notice to the owner that the supplier will be delivering material at a specified price which will be used in the construction project. This "I?re--lien notice" musl be given before the supplier delivcl1the mllleri.. 1 to the general contractor or 5utx:ontractor, Oncf such "pre.lien notice" is giYen by II material supplier. it may crtate the ability to file a "full price" mechanic's lien, unless the owner objecll before the material is used by informing the supplier that it will not be responsible for the full price of the subject materi"Is, Ofien such "pre.lien notice is not giytn by material sup· pliers due to the sel\Sitivity of the CU$t"mer relationship betv.-een the suppller and ill direct customer. In Alllbama mechanics' liens are created by specific statutes. Therefore. anyone seeking to enforce a mechllnic's lien musl strictly comply with the terms of the Alalmmll f.1echanics' J.iens Statules,' lWeI')' general contrllctor, sUDcontractor and material supplier must adhere to the following statutorily proscribed legal procedure In order to create a legally enforceable mechanic's lien. M

Provide notice to the owner Contr!lctors having II direct contractual relationship with the owner are classified M ~originaJ

conlract on~

by the

A/abama Code.' In II construclton context, the genet.. 1contractor is often the only construction·related entity that has a direct relationship with the owner. An orlginlll contractor does not have to provide notice to the owner of the bllsls of the original contractor's mechanic's lien.' Material suppliers who have not med a "pre-lien not ice" as discussed above and subcontractOr! musl give written notice to the owner Ihat II mechanic's IItn Is claimed,:md such nolice must set forth the amount claimed, (or what, and (rom whom the amount clai med is owed.' Apotential mechanic's lien claimant should also consider providing this notice to the genual contractOr and the financial institution lending money for the construction project, jf applicable. This notice allows the owner and lendinil: institut ion to take the appropriate n.ction to ensure lhllt the pot'ential mechanic's lien claimants are paid,

File a Verified Statement of Lien After providing notice, if applicable, a mechanic's lien claimant must file a Verified Statement of Lien in the probate court in th county where the subject reat property is located. The Verifi d Statement of Lien must contain the-amount of til clai"W't's monctilJY demand anq III description of Uu: ubJed real ~roperly. 1t AMborn« Code § jStl \.213 Contatllll a form ~ may be u~ed as the V ·fled Statemen of Lien, The. Verified Statement of Lien ust be fil t d by a'1 "oriJtlnal contractor" (tYI)iC:llitlhe IIlncral cOlilrador) wit~in six months aitfr the last item of work or ffirterla} h~ becn furn lshed,'1 Mal1rial suppliers who have not !!:IYeI'\ the "pre-lien noticc· and 5ubcontractors have fou r months lifter \h I1l5t item of ....,ork 0 material has been furnished to fiI~ the Vfrified StaU!mcnt o( l.icnr"15, s..-eSlwrroiJ Q, CMw Co.• 182 50,48 (Ala. 19 ).

F' ~ a lawsuit to obtain.Pi

ehf9rceabJe mechanic's1ien In. suit must be nJed in Ihe.wunt)' in which the 5\lbjecl real propert)' is loatcd wiUlin six n \onth.~ "lifter the maturity of the entire indebtedne55."'"'20. SeI.' lila, CMe § 35-1 1-21 1 (1!175). A debt is mature when it accl\lu $0 as to be due and payable_" ~Iowever, the. p.1rties to a contract may expressly st.1te <I time _ _w"hen the entire indcbtedness matures." The defendants in a INSuit must-include the owner 01 the subject real propert)t and any ptl'lon(s) rC5ponsible for the debt. and should also include U\e (r.omcr's lender. if applkable... clai\Th,nt may also name othcr peT'$OTU who claim a 1$11 elre,t in tile Innd 3.!i defen· dants In orUer allow the court to termine the priority of the interest holdel'l in Ihe subject real p rQ]>!:rt)', '1 Before commencing the meehehic'. lien process, "cl"inmn! 5h~lild have a clear basIs to hold a defend/lilt I1Jilile fur nonpayment to cia man!. If the mechanic's lien proceu i~

commenced with malice by the claimant, the claimant may be liablf (or damages incurred by the defendants, Depending on the circumstances of the particular case, the most common defenses to a mechanic's licn lawsuit are as follows: The claimant did not strictly adhere to the statutory requirements associated with prosecuting mechanIcs' liens: the debt is not owed to the claimant: the claimant breached the subject contract or there was no enforceable contract to give rise to the mechanic's lien; and the claimant executed II "lien waiver." The fact Ihat a claimllr'lt is an unlicensed contractor may also be used as a defensc 10 a mechanic's lien lawsuit,1I A succeuful mechanic's licn claimant obtains a 1~"" lJy enforceable [nterest in the: subjeet real property which can be foreclosed upon such that the subject propert)' may ~ sold 10 $iltisfy the mechanic's lien claimant's Judgment." For example. a mechanIc's lien has priority OYer all other liens, mortgages or encumbrances created 5ubsequent to the commencement of work on the building or other improYements on the 5ubject real property.- In addition, the mere commencement or the proceS511ssociated with creatin!!: an enrorceable mechanic's lien cr.-ates con~ 'derabl e prC$5urc on the owner lind other poten· tially responsible parties to ensure that the claimant'5 legiti· mate demands life InvC:Sliglited lind satisfied. • Endnot •• ,

~,,~C«II .5

2, 8M

~,on.~.

l 5 (l IMO 3 400.

Supply Co. . 14 80.211 151 , ...... 1$013) WId~' TIlt ...... In

27&.) . :27(1jd}(1

1, 11""'1 (lIn

5 8M. . .;.,ty'W, eoct.'~ .. •el l D7l!);AlI .5 365 JIo."'~ (",.!l 1I03),

_ ""

lumbltCo.~

~. B~Jj1~L_&SIJA";II1C"" NUIO N t60 ~135- 11-118(ID7Sl

, 1~3)

7.-.a..

: ~ M, ' 0 AJ,I,

:l6-1I-1 ' 3 (ID76) ,

II Ala. ,:Zlil

1:16-11.215(11175).

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COdt f 3&-11-2:20 1 1 1115~) •• ,.,:o":~~~ 14 -Ho...",.,..,.".,MtQ..Co. , 1 ~ .. (AJ. 1865)

,:I·tVa· I'

~II

co., I82.S>i)48 (Ale ' 9:18)

ut. 3M oentraily IJI)I FlIw Bldg. StWY Co. , ~

~. JM /MdlfO" Co., Irw!., 232 So. 2d 6ot:l (AAo. 11170). U,.,. ~ 571 So, 2d 11 III (Alii Im) , 8.tu.y Morfpllg. Co. . ~. 0cX1bht Frio Lumb<rr Co., 00(i So au '38 (AlII Iml

IT.s..AI~ ~§:l6-11·223(1975)

18. 8M JIoM InWIIrW" Hut'o(/ItIy ()(/ Co. , 5>«1 So. 2d 3(17 '9." AI4 n ·220(11I75)

c., ..

..10.

!"" 1l1li9)

A/a' coo.f35· I H I1 (19751.

"'.Ith C . K. "t.ok KeIIh C KrU!;Io. pt"~ """" .... ,.,., <II SIr.- " ......... PC 1n .... 1Iirn\.. ~,,. , aIIa HI tIOIcJt. A WId If! M II A In:m". ~ <II I 'b+'W, IWIn ~ ID II:hOgI "" " . ~ 01 '"'*'- SctIOOI 01 Law, ". _ • ~ u "V DOI1I;I unotrwf"rtef wIh The T_ 1OI1 WI(I Tho C III A ~ ~ In

1IIr~ WId AIIanI'

.... 1000 I

2'0)

:federal:l~ !Jlelae/ :lor ~nocenl Jpouse.§': New Opportunities under the IRS Restructuring and Reform Act of 1998 By John 8. liof7Jer e ms Restrucl\Jring and Reform Act of 1998 (P, I.. 105-206) greatly expands the relief given to taxpayers who arc financially victimized by their spouse's actlon ~ in the filing of joinl returns. The expanded relief is bolh substantive and procedural. Now taxpayers and thei r representatives h,wc much greater nexibility in choosing their remedies and a much greater chance of prevailing on their choices. f7T rll I J ...1116 J~rf)ble", For m,InY )'tars 1I married taxpayer who sought the benefits of lower rales by willingly filing a joint return some. times discovered that the other side of Ihe coin, joint and &tverlll lillbility (or the truces, produced unexpected harsh results, More onen than nOt. by the time deficiencies were a.uerted by the Internal Revenue Service or unp.1ld taxes on lhe retorn became severely delinquent, the taxpayers were no longer married iand had connicting nnanclallntercsts. even worse, the spouse who once had the greater Income and IlUel& had fall en on hard times financially. disappeared or even died. Thus, one spouse. usually the wife, who earned little of the income and had the least financial resources, and the least knowledge about either, bort the burden of paying lhe truces. I.R.C. f 6013{eH 1986) provided inne>cent spouses some relief from joint and sevtral linbility for lax deficiencies. However, relief .....as not e."lSily obtained, To Qualify, Ihe spouse seeking relid had to show thai there was a substantial understatement of tax attributable 10 .... un

2000

~grossl)' errQr)COuS" iterm of tht other spouse on the return; that, in signing the return, he or she did not know or have reason to know of Ule subsl..lnlilll underslatement: and tlult under all the facts and circumstances, it would have been

inequitable to hold the innocent SPOUH

liable for the deficiency involving the substantial undel'$tiltement. The

~gros.sly

erronoous test was il difficult hurdle in deductions. eredit$ iUld bases. because tht itfm h<ld to have '10 basis in law or fact, rather than merely beIng disallow-

"equitable relict' where innocent spQuse relief and separate liability are not avail· able, including rellcffroln underpayments of tID! properly shown on a return. The statute adds direct Thx Court review of Service denials of innocenl spoU$C relief and separate liability etections and gives the court the ability to restrain collection durinll the review.

IIble. To be "Subslanlilal," an understate· ment had to be greal~r than $500, except thot if it were attributable to a deduction,

credit or basis, lherewere Income testJ for the innocenlspouse to mect. TIlc income testJ arguably discriminated against lower iocolTlt taxpayers. TIle test for "knowledge of the understatement" was not the same in rvery court and there was no statutOI)' provision for par· tilll rcUd based on linited knowledge o( the other spouse's affAirs. Likewise. what was "inequitable" seemed to vary from court 10 court and from decision to deci· slon. Perhaps worst d all, there was no relief from liability for an amount reported on a return, but not paid.

AI"

()

J rew J..uw Congress repealed § 6013(e) effective for allliabililies ari5ing aner July 22, 1998, and liabilities nisin« before thai date that were unpaid as of thai date. Congress added new Code § 6015 thai liberalizes the requirements for inno· cent spouse relief; adds a post· return fiI· ing, separate liability election; and gives the IRS discretionary authority to grant

rr d r JIYJ{/ilioltu/ J,,,,ocml UpOIllIt! (7) £> .JI.II/'·O/ uzpflIuki

Under § GO I5(b) Lradition:tllnnocent spouse relief is now aval1able to all uflderstatcmentJ of tax attributable to erroneous return items of the other spouse. No longer must the understate. ment bt ~$ub$tanliaI M nor must the return items be M grO$$lyM erroneous. Consequently, relid may be sought (rom an undersllltement resulting from a math error as defined in § 62 13(11). Chief Counsel Notice (35)( 1)5-000 (Oct. 5, 1999). The reQuesllng spouse must sWI establish that when the return was signed, he or she did not know, and had no reason to know, that there was an understatement of tax. I.R.C. § 6015{b)(1)(C). The old criteria used to detennine knowledge and reason to know still apply: for Examrle, conlrol over finances, actions of the other spouse, reliance on profeMiollll1 adviserslretum prep.:lrer5, edueatlonlllltveb, involvement in the activit)! giving rise 1"0 erroneO\IS item, and changes in lifestyle during the period covered b)llhe under· &tlltcment.,x'f! Sfi!I}(!tlS IJ. Commissioner, 872 F.2d 1499, 1505 (IIth Cir, 1989),

~~~~~~~=~.=.~----------~----~~--------------~----------

l1~r. if the claiming spouse can show thllt he or she. did not know the exte"t of the understatement, relief can be obtained on a proportionate basis for the portion of the undcntatement for which the requisite lack of knowledge or reason to know was lacking. !.R.C. § 6015{b)(2). There is still the requirement that "taking into account all the facts and circumstances, it is inequitable to hold the (requesting spouselliable for the defidency. ~ I.R.C. § 6OJ5(b){1 HO). Inequity 15 st1ll b;ued on factors such as significant Dencfit from the undmtate· ment (other than norn,al support), economic hardship if relief Is not granted, abuse. and current marital status. See Aude u. Commissiofler. 74 T.C.M.{CCII) 993. 1001 (1997).

c!"pa,.(zlo J!t'at,1,'l'l Blee/jo'l For divorced and separated taxpayers. Congreu added a new, vtry attractivt option to obtain re:ief from the effects of filing II joint return, the Up.1rate liability election of f 6015(c). Now these taxpayers mlly elect to limit their liability to the deficiency arising from Itcm5 that would have been allocated to the electing taxpayer If he or she had filed II separate return. Inequity is not II factor and knowledge is tC$$ or a problem. Note the separate liability eltelion relates only to II deficiency on the return. The election is nOI an opportunity to file lin after-thefact separate return. An individual is eligible for the election If. at the time of the election. the taxpayer is no lonller married to or is legally s~ parated from the peT$()n with whom the joint !'tturn was filed. or was not a member of the SAmt household with that person during the 12-month period endinJ{ on the date of tile election. I.R.C. § 60 15(c)(:I). t~o r eH· gibility purposes. II widowed individual is treated as no longer married. I-!.It Conf. t~ep . No. 105-599, 105th Cong.. 2d Sus. 252. n. 16 (1998). There are rules to prevent collusion between diyorcing spouses who might be tempted to tramfer assets to lhe SpoU5t with Ihe lesser liability. If the Service "demo n~t rate5" thai assets were transferred between individuals fili ng a joi nl return 11$ p1Irt of a fraudulent stheme, the election is invalid. Joint and stvtralliabilityapplles. I.R.C. § 6015(c)(3){A)(ii). Similarly, the liability

of an otherwise qualil)ing spouse wi11 bt Increased by the value of any ~di s qualified II$sel~ transferred to lhal individual. I.R.C. § 60 15(c)(4). A~d i5qul1li (jed asset" is property transferred when the principal purpose of the transfer was the aYOidance of tax, including its payment. Atransfer of proptrty within one year of the issuance of a revenue agent's report is presumed to havt btel'l madt princip.,lIy for avoidance. The presumption i5 refutable. The presumption does not apply 10 transfers incident to divorce or separllte maintenance. Knowledge can be a dangerous thing when making a separate liability election. but not nearly 50 dangerous 11$ in the traditional innocent spoust case. To defeat the election, the Service must "demonstrate" (presumlbly by a preportdcrance of the tyidencellhat the elector had "Ilctual knowledge" at lhe time lhe return was signed of "any item giving rise to II de(jclel'l CY (or portion thereoO which is not allocable to such individ· ual.~ l.R.C. f 60 15(c)(3)(C). ~Actual knowledge" is a stricler standard for the Service to meet than the "had reason to know" standard used in trbdi!ional innocent spouse relief. [n other words. "actua[ knowled/le" must De proven and cannot be inferred from indications that a spouse had reasons to know. The Conference Committee Report indicates that the ~actual knowledge" required is knowledge that "an item on a return is incorrect." nOl nlerely knowledge of the underlying transaction. I-I.R. Conf. Rep. No. 105·599, 105th Cong., 2d Seu. 253 (1998). At. a practical ma.tler. the Service may havt a \lery difficult time proving the elector's state of mind, absentadmis· 5ions to the contrary or "incriminating" documentation. Actual knowledge will not inv~lIdate an election if the individ· ual with actual knowledge establishc.s that such Individual signed the return under dureu. To i1Iu~tt:ltt the basic nIle, suppose joint filers H arK! Weach report $100.000 in salary. Whas a p.1rt·time business from which she had reportable income of S25,000. of which she only reported SIO,OOO. The Service proves that 1-[ actually knew of in additional S5.OOO In Income from the business. W will be liable (or tM (ull deficiency because the unre.,orted IOcome is fully allocable to her. H will be liable for;J. deficiency based on the S5,000 of which

he had actual knowledge. The Service can collect the tax on the $5.000 from either spouse, but the talC on the additional SIO.OOO in unreported income can only De collected from W. The failure of one SpOuse to elect results in fulll1abillty for the non-electing spouse as the other spouse's election Is personal to that Indh'idual. Thus. if one spouse elecl5 separate liability, the other spouse should. too. Indeed, elections should usually be fli ed automatlC/llly by both parties if neitiler is "innocent." [n any event. the separate liability election is destined to become a critical part of lhe negotiations in a financial settlement of divorcing spouses with a significant tax problem. Allocations range from the simple to the complicated. See Utc. f 6015(d). The electing spouse bears tht burden of proof in estllblishing the portion of tile deficiency allocable to him or her. I.R.C. § 60 15(c)(2). Thus, records are critical and may be a problem when they are in the hands of an estranged spouse. In genel'lll, the eleclingspouu's liability for a deficiency is limited to the portion of the deficiency altribulIlble to items 11110cable to thal Spouu. Allocations of Items are generally made as if tile I1Xpayers had filed uparate returns. I.R.C. f 60 15(d)(3)(A). Income items are a.llocat· cd to the spouse who tamed lIle wages or saillry or who owned the blUinC$$ or investment tilM produced the income. Income from a jointly owned business or invu tment should be all ocat~d equally between each spouse, unless there is clear and convincing evldence supporting a different allocation. To Illustrate the basic rule, suppose 1·1had income of SI00.000. but only reported $90.000. W had Income of $80.000 and took an unal· lowable deduction of S20.000. If H elects separate liability, hb liability is limited to 33.3 percent of the deficiency (SIO.ooo + ($10.000+$20.000)1. If Welects separate liability. her liability Is limited to 66.6 percent of the liability. Where the deficiency results from a denial of a deduction or credit. the defi · dency I! allocated to the spouse 10 whom the deduction or credit is allocat· cd. All business deductions should be allocated according to the ov.11ership of the busineu. Persortal deductions should be allocated equally bttween each spouse, absent evidence that a dU-

ferent al1ocatior'l is aPl)rOI)riate, Por example, a valuation overstatement on a charitable contribution would be allocable to the owner of the property. Miscellaneous itemized deductions will be allocated to a $pouse, even to the extent such deductions are disallowed because Uley do not exceed the two percent noor of § 67(a). flspouse's liability is limited to the amount of income or tax that is t1l1oca!· ed to the spouse and offsel by the erroneous deduction or credit, l.R,C. § 60 15(dH3)(B), The balance is alloc,lted to the other spouse. Examples in the CoMnence CommiUee Iteport illustrate this rule. Suppose that W had a ~alary of $100,000 and H had self-employment income of $30,000. A $20,000 deduction allocated to H i5 disallowed. The result· ing S5,600 deficiency is allocated in proportion to the items giving rise to lhe deficiency, l3eu.use the only item giving rise to the deficiency is allocable to H and because he had sufficient income to (lff$CI the deduction, the enti re deficiency is allocated tr> him. lIowever, ,Ill item othelWise allocable to one SI)!)USe will be allocated to the other spouse to the extent that the item created a tax bene· fit on the joint return of the other filer, In our example, if H had re ported only S15,OOO in self.employment income. the income offset limitation rule applies, The disallowed $20,000 deduction entirely offsets the $15,000 of Ifs reported incom~. Th/: remaining S5,OOO of the disallowed deduction offsets part of W's income. The liability for the deficiency is divided proportionately to the amount of income offset. Thus, H is liable ror 75 percent of the defiCiency ($ 15,000 + S20,OOO); w, for 25 percent (S5,000 + $20,000), St'r! H,1t Conf, Ilep, No. \05-599, 1001h ConA"., 2d Sess. 252254 (19981. Exceplion~ to the basic rulcs eM complicate matten. See LltC. § 6015(d)(2), (4) and (5). If a deficiency is auributllble to the disallowance of 11 credit or a tax other lhan the Income tax or alternati~e minimum tax and the credit or tax is allocated to one spouse. the deficiency (or portion of it) is allocated to th,,1 individual. In other words, this type of deficiency i5 considered firs t Thus, in the preceding ex"mple, any understatement of ~e!f-employment tax included in the total deficiency 200 Mn 2000

would be first allocated to H nnd the remainder of the defkiency allocated proportionately between H and W, Any provisions of the law diSllllowing a deduction or credit because a separate return is filed are disregarded. If iI child's liability is included on a joint r~turn , either filer's separate liability i~ computed without ICQard to th:l! liability and then the liability Is allocated appropriately between the SpOU 8~. The Service may provide for a different man· ncr of allocation if it establishes that an allocation is appropriate due to the fraud of one or both fi lers. Whether this must be done by a mere preponderance of evidence or by cltar and convincing evidence, as in a civil fraud case, is not known. l'olXpaycn should argue the higher burden. ~'inally, allocations of items are to be made without regard to community properti' laws.

157",1061. :fl.t./

Equitable relief is ~Iso a new remedy for aggrieved spouses. Section 6015(1) provides that under rules prescribed by the Service, the SeNce mllY, in ils discrelion, relieve an individual of liability if, '"laking into account all Ule facts and circumstances, it is ine~uitable to hold the individual Hable (or any unpaid tax or any defiCiency (or any pQ'lion of either) and such relief is not available to the individ· ual" under the innocent spouse provisions or the separilte liability provisions. If the Service d()es not grant relief under th~ innocent ~pouse or separilte liability provisions, it will autom:itically con~ider relief under section 6015(1); a scpMate request is not needed, Pub, 971 (Rev, Dec. 1998). Aspouse who filed separate returns in community property states may also obtain relief under section 66(c) using the equitable relief criteria. Because relief can be now given to an undl!.17"J(J.IlInt.'nl of tax (Lu shown on the return, but not p.lid). § 60 15(1) is the most profound of Ih~ rule ch:lnge$ In thi$ area. The legislative history indicates that Congress intended fQr lhe Service to grant equitable relief when a requesting spouse "does not know. and had no rea· son to know, thilt funds intended for the payment of the tax were instead taken by the other spouse for such othcr spouse's benefit," but ~lso indic.~ttd they intended such authority be ustd where "taking

into acc(lunl alllhe facts and circumstances, II is inequitable to hold an indlvidual liable for all or part of any unpaid tax or defiCiency arising from Ii joint return." H.R. Conf. Rep. No. 105.599, 1051h Cong.. 2d Sess, 254 (1998). The Service's response to § 6015(1) is Rev, Proc, 2000· 15, I.R.B. 2000-5 (Jan. 18, 2000). The nevenue Procedure prescribes threshold conditions for any request for equitable relief 10 be gr:lrlted. They are: I , The requesting spouse filed a joint return. 2. Relief i~ not aV<lilable under § 60 15(b) Or (c). 3, The relief is requested within two years of the Service's first collection activity after July 22, 1998. -1. The liability remain$ unp~id. 5. No assets were transferred between spouses 115 part of a fraudulent scheme. 6. No "disqualified assets" were transferred to requesting spouse. See l.R.C. § 6015(c)(4)(B). 7. The requesting spouse did not file the return with fraudulent intent. If all threshold conditions are met, the requesting spouse may be relieved I)f all or pari of the liability, if laking into account all the facts and circumst<lllces, the Service dct~rmines that it would be inequitable to hold the requesting spouse liable. The nevenue I'rocedurt then describes a set of circumstances under which equitable relief will ordinarily be granted for unpaid taxes reported on a joint return (not a deficiency). tn other words, inequitability i$ ordinarily pre5umed if all the condition~ exist. Th~ required conditions arc: 1. At the time the relief is requested, Ihe requesting spouse is no longer married 10, or is leltllily .~e p;iraled frorn, the non-requesting spouse, or has not been a member of the same household during the preceding 12·month peri· od. This is the same test found in the separate liability provisions, where a widow is deemed "no longer married." 2, At (he time the feluni was filed, the requesting spouse had no knowledge or reason to know that the tax would not be paid. The reque5ting spo(lse mu.~t establish thal it was reasonable

to belitvt lhatlhe other spouse would pay lhe reported liability. If the requesting spouse had the requisite knowledge or r('lISon to know as to a portion of the liability, that Sllouse Ciln still get relief as to the other portion. 3. The requesting spouse will suffer OCOIlQmic hard!hip if relief i! nol granted. "F.conomic hardship" meal\! the tupayer will be unable to pay his or her "reasonable basic living expenses" (not 10 include an arnuenl or lu~uriou~ mndard of living). Sec Theas. Reg. § 301.6343. I(b)(4). neUe( wlll be granted only to the extent of the liability shown on the return prior to an)' adjustment and only to the extent the unpaid liability is alloCable to the non-requesting spouse. If one of the conditions fo r presumptive relief cannot be met. equitable relid (in whole or in part) can stili be granted where under all the circum· stances it \o\'OUld be inequitable to hold the requesting spouse liable for all or part of the unpaid liability. These provi· sions also apply to a deficiency on the return. The ltevenue I'rocedure pro· vides a list of factors to consider in granting equitable relief, which list is not exhaustive. Pmitive factors support· ing relief are; 1. The requesting spouse is widowed (not specificlilly listed) or separated or divorced from the non-requesting spouse. 2. The requesting spouse would suffer economic hardship (see above) If relid is not granted. 3. The requesting !poust was abused (short of duress to file a jOint return) by the nOll-requesting spouse. 4. The requesting ~poU5e did not know or have rea.wn to know thllt liability would not be paki or lacked similar knowledge of items giving rise to a deficiency. 5. The non.requesting spouse had a legal obligation pursuant to a divorce decree or aA:reement to pay the outstanding liability, unless at the time tht decree or agreement was entered into. the requesting5pouse knew or had rellSon to know that the non· requesting spou!t would not pay the liability.

6. The liability for which relief is sought is .rolely attributable to the non.requesting spouse. Negative fact or5 are: 1. The unpaid liability is attributable to the requesting spouse. 2. The rttjuesting spouse knew or had reason to know that the tiIJI would not be paid at the time the return was filed or had such knowledge of the item giving rise to the deficiency. This is an "eKtremely strong factor" <l1I<linst relief. but not fa tal. Relief can still be obtained in "limited situa· tlons.~ IThese situations are not defined or illustrated in the Revenue. Procedure. It is hoped tha e9re ious economic hllrdship, coupj with dear fllull on the..p!r! prthe ther SI)OUSe, wll! ItvofJ-~~f'~I~~~ there 15 ~m kn9w1t(lIlIl. ~~ 3. The requestln ~ jlit!!.ifiQl:nlly benefited (be)'qf ~ nqr~1 sUllporO from the unpaid lIabll lty, see :;,.,. ~~:;. neg.I.GO 13·5(b). 4 . There will be 1)0 economic hardship If relief is not grantl.'d. 5. The requesting SPOU5C has made a good faith effort to comply with fed eral income tax laws In the )'tars fol · lowing the tax year to which the relief relates. 6. The requesting spouse h;1S a legal obligation pursuant to II divorce decree or agreement to pay the liability.

:Jt1!"'IJlIJ 0/ Claim :JJ"",'ah All denials of the relief sought under, 6015 are administratively revi .......·ahle by tile Appeals Divi5ioo. $toe Pub. 556 (Hev. Feb. 1999). If a joint filer is denied the innocent SllOu$(! relief or the 5Cp;lrate lia· bility sought from the Service. the denied spouse may petition the 'nix Court for review. Set J.R.C. , 6015/e): T.C. rules 320 and 321 . A petition must be filed within the 9O·day period b.!g;'/JIfng on the elale (not the day after) on which the .seIVice rnlIils by registered or certified ma.illl notice to such individual or iu determination of relief available to the individual. (This determinatiOn should not be con· fused with at nolice of dtfdency or 9O-day leller iuued in a deficiency case pursu.lnl to I.R.C.' 6213). A petition l1\lIy also be filed at any time after the d.l1e which is six

months after the date the ~e ltClionK (rt(fUcst) is filed with the Service and before the close of the 9().(by period. If a decision of the Thx Court in any prior proct{!ding for the ~me taxable year has become finlil. ~uch dcci$ion shall be conclusive. except with respect to the Qualification for sectiorl 60 15 relief th.lt Wll$ not an issue in the prior proceeding. I.R.C. § 6015(e)(3)(8). The exception reg."lr<ling qualificatioo dots not apply if tile taxpayer meaningfully p;lrticiPlited In the prior pr()(;ceding. Lack ormeaningful (XlrticiPlilion clln provide II taxpayer with a second "bite at the applt." Suppose a tax(XlYer participatl.'d in II 1997 hearing 00 her innocent spouse st.atus under old § 6013(e); lost tile iuue because the court dettrmined sheshol.lld huoo /a1()f/JIl (but did not actually know) about tilt under· ~Itcment: and, the tax remained unpaid o July 22. 1998 (when § 6015 became I~' ). Since there is no actual knowledge. the taxpayer can IlOW pursue a sep.uate liability election undtr' 6015(c). ~'or 6015(c) pUrpose$. she did not Kmeaning. nll1y participate" in the prior hearing because the se(Xlrate liability dection was not available al thai lime. See Ewm /I. CommwiOllcr, 99·2 U.S.T.C. , SO,6().1 (5th Cir. 1999) (unpublished opinion); cf. Priv. Ur. Rul. 2()()()()6()40 (Oct. 26, 1999). Absent jeopardy, no levy or collection suit may be bellun or prosecuted until the expiration of the 90·day appeal peri. od or until the Th~ Court decision has become final. The Th~ Court and other federal courts may enjoin collection actions in violation of this rule.. I.RC. § 6015('1(11("1. Note that 11. taxpayer can alwllY5 raise a' 6015 (b) and (c) iuue in I Thx Court deficiency case. without having med an administrative request with the Service. The Service hM concluded that a taxpayer.debtor (but not a non-debtor spouse) can requul' 60 15(b) and (c) relief in the bankruptcy courts under B.C. t 505(a)(I) M part of a ~determina lion by the bankruptcy court of any unpaid tax liability of the deblor.fl Debtors do not have to follow the administrative Ilrocedures of sectioll 60 15 prior to seeking relier in the bank· ruptcy court. Priv. Ltr. Rul. 200006013 (Oct. 26. 1999). Crediu and refurlds art permitted with respect to innocent spouse claims and equitable relief claims, but not separate. MA ... 20'0 I 207

liability claims. However. a taxpayer can only bring a suit for refund with respect to an innocent spouse issue. To do 50, a timely administrative refund claim must h1J.Vi: been made and the tax paid in full. Andrt!w$ 0. Unilt>d States, 99· 1 U.S.T.C. '50,359 (N.D. Ohio 1999). If a taxptlytr brings a refund suit. the Tax Court lo~e~ jurisdiction of a section 6015 action filed by the taxpayer to lhe extenllhe I)islrict Court or Court of Federal Claims acquires jurisdiction over the 5<lme tax· able years. The refvnd court then acquires jurisdiction over the innocent $pouMl i$$uc$. I.R.C. 60 15(e)(3)(C). There is no statutory provision fo r [111)' court review of equitable relief claim~ under § 60 15((). See Priv. Ur. Ru1. 199929019 (Apr. 21. 1999):Mirao. United States, 99·2 U.S.T.C, '50,760 (Bankr. M.D.I'a.1999) (no review under the Administrative Procedures Act, 5 U.S. § 701 et $f.q. (1988)); but $W. P".'IIch /I. Vnitf.d Statcs, 24 IlR. 369 (Bllnkr. N.D. Ohio. 1999) (review ,,"ulhodly mumcd without discussion).

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property belonging to that spouse. Pub. 971 (QSlA) (Rev. Dec. 1998). Although

Ihe !'iling of a nolice of lien only against the requestinll spouse is not covered in lhe Service's inst ructions, compuling the stlltute dille from the d3te of the noUct fillng is advisable. The Service Is required to provide the non-requesting spouse an opportunity to participtlle in any administrative pro· ceeding involving innocent spouse or separate liability elections. I.HC, § 6015(g)(2). Thx Court Hule 325 provides that the Commissioner shall seTYe nolice of the nlinS of a pelltion fOr review on the "other individu~1 filing the return." The other Individual may then file a notice of intel'\lenUon with the court not later than 60 days alter sel'\lice of the notice by the Commissioner. An opportunity to intervene and participate rnay not be available to a non-debtor spouse in the bankruptcy court.5. ~ Priv. Ltr. nul. 200006013 (Oct. 26,1999). The potential inYQlvcment of the other SPOU5t! furthe r highlighl!lthe need to callsider connict of interest problems before proceeding 10 represent both ~pouse$ In the tAx mlllier. T.D. Cir. 230 § 10.29 (31 C.r.R. Part 10).

Administrative claims under §§ 6015(bJ, (c) and (0 should be filed on 'T I7l rr Form 8857 (Request for Innocent Jew J~,.acl"ce Jipll Spouse Relief), although the·ServiCe' Remember that a spouse can get will consider claim);::in any form that relief from jOi nt and several liability by contain the necesSil~ information. A proving that the j9~1 return was not in statement must ~~\al!.ached to ~'orJll f,l(;t "joint" beca,s~it was signed tinder 8857 explaining hY the tax!hlyer quali. !;Qcrcion ~UJcss or because of fraud, fies fo r relld. OnWone form ne~d be...:., or l>ecause. it was sighed for him or her nled fo r multiple years, even though the without her authori(y. See SIImlcy u. types of rellef sought should be clearly Comm/ssiol1l!1j 8M.C. 634 (198.1). stated for each year. Forms 8857 nre Thu ~ the possibilities of coercion, filed with the Sel'\lice employee dealing duress, frau((and an unauthorized sig. with the taxpayer's case (for examllle.';'-~nllture should De eXllmined as lllhresh· revenue officer, revenue agent, appeals old matter, prior 10 proceeding to Ihe o(ficer. etc.): th~ person named in a relief found in § 6015. This approach is notice of deficiency (90·day letter); or, if particularly altractive when the aggriev. neither situation applies, the cd spO(lse would have had no tax liabili· Cincinnati, Ohio Service Center. ty if he or she had proceeded separately. Reque~lS mlly be fil ed II.t any stllge of There seems to bt 1"10 Impediment to tile examination or collection proceu. asking for relief under both § 6015(b) However. they must be filed not Illter and § 6015(c) Simultaneously. This than two years after the Service's !'irst might be advantageous, fo r example, attempt after July 22, 1998 to collect when a spouse seeks a refund of prior the tax from the requesting spouse. An payments (not allowable in separate !iaattempt to collect is an actual notice of bility elections). butlhere is still a baileV)', sei1~ure or judicial suit or claim ance due and the facts supporting sepa· thai puts the requesting spouse on rate liability are stronger lhan they are notice that the Service intends to colfor innocent spouse. lect the joint tfiX Iiltbility from speCific Regardless of the new ()pportun i lie~

under new § 6015, taxpayers and their representatives have to be concerned aooullhe lime involved in getting the Service to act on an administrative request for relief. I'resently, there are aoout 46,000 pendinll reQuests, a huge backlog, and one that the Congress might not have anticipated. Unleu the request is made during lin audit or during its administrative appeal. it will be processed through the Cincinnati Service Center. The author is advised that requests take six to 12 months to clear centrali7.ed processing in the Cincinnati Service Center. When a request reaches the field for examination, investigation may take another four to six weeks. Given these time frames, some taxptlyers with immediate financial di(ficulties may want 10 look seriously at other means of relief such as offers in compromise (likely to take abotlt six months or less 10 process) or, in the worst-case scenario. bankruptcy. Offers may be particularly attractive $ince they may now be granted on the basis of "economic hardship." See Trcas. neg. § 301.7 122· IT(b)(4).

C01U;/'JIlr'OIl The 1998 Act provides tllXpayers who were victimized by their spouses wilh more alternatives and improved chances for relief. The equitable relief provisions will be particularly helpful since they also apply to underpayments of tax 5hown on return$. On the whole, the S~TYice's rules for Ilranting equitable relief stem rC:II~(H'Ilible. How n(:xibl~ the courts and lhe Sc:rvlce will be In the application of the new rules remains to be seen. •

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DISCIPLINARY NOTICES

Notices • I'ununn! to Hule 25. Alabama Rilles of /)iscill/illary Proce(luro,

Vln.on WilBon Jaye, whose whereabouts are unknown. is hereby notified tt,l\! an Order of Indefinite Suspension entered by the United Slale Court of Appeab for the Eleventh Circuil has been received by lhe Disciplinary Boord of the Alab..1ma Stale Bar. Vinson Wil50n Jaye is he reby ordered to file a written response wi th the ])isciplinary Board within 28 days (rom publication of this notice containing any clllim predi. cated upon Ihe grounds set forth in lh1Ta"Tllph (d) of Rule 25, A.R.D.P.,

Relnatetement. • The DiSciplinary Board, !'anel ll , upon

hcarlng the petition (or rein·

st'llemcnl of Mobile lawyer V.der AI l'enninJ{lon, ordered that Pennington be reinstated to the practice of law e[fettive February 15, 2000. The boord's order was adopted by the Suprtmt Court of Alabama by order dated March 3, 2000. (Prior public diSCipline considered: one interim suspension effeclivt 12191 and one three·year suspension e((ec· live 1192,) [ASS I'el. No, 93.04[ • Effective September 16, 1999, attor. ney Lisa Ann Read of Birmingham has been reinstated to the practice of

thai the imposition of the identical discipline in this state would be unwarranted and his rell50ns there· for, Failure to file a response within 28 days will result in the impositlon of discipline in accordJnce with the Rules of DiSCiplinary Procedure. • Paul Martin ,,' Genter, Jr., whose whereabouts are unknown, must answer the Alabllma State 8"r'5 for· mal disciplinary chuges within 28 days of May IS, 200[1, or thereafter, the charges contllined therein shall be deemed admitted and llpprollriale discipline shall be imposed ilj:[ilinst him in ASB No. 99.184(A) before the Disciplinary 8()ard of the Alabamil State Bar.

law in the Slbte o( Alabama. She was sU5pended on August 16,1999 (or noncompliance with the 1999 Client Security F(md AsseMment requi re· ment of the Alabama State 8ar, Suspensions

• Effective February 7,2000, attorney Joan Charlene McLtndon of Conway, Arkansu has been suspended from the practice o( law in the State of Ailibama (or noncompliance with the 1999 Client Security Fund Assessment !lules. • Alexander City a\lorney J. Richard Waten, Jr. wa~ 5uspended from Ihe practice of law in the Slate of

• Richard Jade Spurlin . whose whertllOOuu lire unknown, must answer the Alabama Statt lIar '~ formal discil>lillllry charges wllh 28 day~ of May 15,2000. or therenfter, the charges contained therein shall be deemed lIdmilied and appropri· ate discipline shall be imP<lsed aRainst him in ASH No. 00·02(1\) before the Disciplinary Bo.lrd of the Alabama State 11M. • Thomu Allen Wingo, Jr" whose wht:realxlUU are unknown, must appear before the Disciplinary l300rd ()( the Alabama Stllte Bar (or a hellring scheduled for l UlU: 21, 2000, at 9:00 a,m., 11\ the Alabama State Bar in fo10ntgomery. IASB n05. 96-356(1\) & 97.087(A}i

Alabama for a period of three years, effective March 2, 2000, by order of the Alabllma Supreme Court. The supreme court entered its order based upon the decision of the Disciplinary Board, Panel II, of the Alabal1li\ State Bar. tn ASS No, 98173(A). the respondent attorney was found guilty of violalin!! rules 1.3, 1.4(a), 1.15(a), 1.16(d), 8.4(a)(b) and (d), Alabama Rules of Professional Conduct. In thaI case, the respon· dent allorney ",'as nllmed txecutor of an estate. During the course of seNing as executor of the eslllte, the respondent attorney failed to take any action on behalf of the estate and failed or refused to communicate MAY ..",.,

,.,,,,

with beneficiaries regarding the status of the matter. In addition. evidence india.ted that the respondent allorney mhappropriated estate funds and when called upon to reno der an accounting of said funds, failed or refused to do so. Eventually. the respondent altorney was removed as executor of the estate and in excess of 528,000 of tstllle fund s remain unaccounted for. • In AS]] No. 98-5 I (A), the respondent attorney was found guilty of viola!in" rules 1,5(0.8, I (b) and 804(c). Alabama Ruies of Professional Conduct. The respondentllttorney had been appointed as defense counsel by the Circuit Court of ThllapooSll County. During the course of the proceedings, it wa5 discovered that the respondtnt attorney had, in addi· tion to submitting an attorney fee declaration, received additional payment from the defendant and/or his (amily. During lhe course of disciplinary proceedings, the respondent attorney failed or refused to respond 10 rep~aled requests fo r informlllion from a disciplinary authority regard. Ing the malter. lASH nos, 98·5I(A) and 98· 173(All • t:ffcctive ~'eb ruary 11 , 2000, lltlorney William M. Butler of Northport hu been suspended from the practice of Illw In the Sliltt of Alabamll for noncompliance with the 1998 f\1andatory Continuirlg legal Education require. menls of the Alabama State llar, • Effective ~'ebruary II , 2000, allorney Paul Martin F(M!rsl~r. Jr" of f\10bile has been sU$pendcd from the prac· tice of law In the State of Alabama for noncompliance with the 1998 Handatory Continuing I.egal t:ducation requirements of the Alabama State Bar. • Effective February II, 2000, attorney William Lee Ilanbcry of Florenct has been suspended from the practice of law In Ihe State of Alabama for non· compliance with the 1998 MllIldatoty Continuing l.egal Education requirements of the Alabama Stille Bar, ~'O

MA' 200 0

•

~;ffective

December 28. 1999, attorney Jacob C. S"nel1. Jr. of Carrboro, North Carolina has been suspended from the practice of law in the State of Alabama for noncompll3llcC with the 1998 Mandatory Continuing ugal Education requirements of the Alabama State Bar.

• Birmingh<tm attorney Mark Dwyer McKnight was interimly suspended from the practice of Inw in the State of Alab.1lYlll purswlJ1l to nule 20(a), Alabama Itules of Disciplinary Procedure. by order of the Disciplinary Commission of the Alabama State Bar cl.1ted January 24, 2000.I I~ule 20(01); ASB Pet. No, 00·01 1 • Birminghllm allorncy Edward Eugene Angwin was suspended (rom the practice of law in the State of Alabama (or a period of 91 days. effective January 19, 2000. by order of the Alabama Supreme Court. The supreme court entered its order based on Ihe dec.sion of lhe D i ~ci p1inary Commission of the Alabama Slate Bar. In three o( (our sep.lrale grievances filed against Angwin, the cOl11llainants alleged that Angwin und ~rtook to repruent them in variou! perwnal injury case!, After undertaking the repre· sentation. Angwin did lillie or no work in each case lind failed or rcrused to respond to his cllentJ' requests for infollnation regarding the status of their C.1Se5, In one ca.St, although Angwin filed suit on behlllf of the client, he took no further

action in the mailer ~nd the action was dismissed (or failure to prose· cute. The fou rth grie\'ance involved Ihe respondent altorney's fa ilure to purchase iln occupational license for the 1998·99 license year, During the course of the investigJtion of the grievances, the respondent attorney failed or refused to respond to numerous requesls for information from a discipli nary lIuthorlty, • On August 27, 1999, Angwin submit· ted II conditionlll guilty plea in ASB nos. 98.204(A), 98.22(A) ~nd 98· 332(A) to violating Rule 8.1fbI, Naooma Rules of Pro.'ess/Ollal Conduct. and in CSI' No. 99·893(A) to a violation o( Hule 8.4(a). A,H,P'C, Angwin's conditionilillulity plea was accepted by the l)i$ci~ l inary Commi$$ion. Pursuant to Ihe terms of the plea. the Discip'inary CommiuiOIl imposed a 91-day sus· pension. The imposition of said sus· pension Wl\! suspende,J :md held in abeyance pending AntNin's SUCCt$$(ul completion of two yellrs' llroba. tion. Thereaner, Angwin fail ed to comply with the terms and conditions of probation and flliled to rupond to a subsequent order to show [duse why his probation should not be revoked by the Disciplinary Commission. Based upon Angwin's failure to respoml to the order to show cause, the O isci~ lina ry Commission revoked Angwin's pro· bation and placed into effect his 91day suspension. IASO nos. 98·2M(A). 98-228(A) and 98.332(A) and CSP No. 99·893(AlI •

Hooked on Alcohol or Drugs?

You don't have to be. The Alabama Lawyer Assistance Program can help, Calls are strictly confidential. Phone 13341 834-7576 or 13341 395-0B07 124-hour pagerl. Jeanne Marie leslie. program director

~~~.~.~..~_~,~'""==,c-~::::::::::::::::::::::::::::::::::::~~~~~~~~

YOUNG LAWYERS' SECTION By Thomus H. A/brittol/, Yl.S president

The Young Lawyers Want Your Cell Phones

ming the weekend of March 10· 11, 2000. the Young Lawyers' Section of the Alab<lma State BM hO$led its second AOI', or "AmUate Outreach Project," in Birmingham at the Embassy Suitn Hotel. The AOP is a workshop, coordinated through the Executive Committee of the VLS, that is offered to the leadership of local young

\l\W)'cr groups, or

"affilia lu.~

through -

out Alabama. The AOP encourages communication between the local a(fiHates and the Executive Committee of Ihe sinh: YLS. 'rhe workshop also provides an opportunity (or locill young lawyer leaden to share idca5 for fund -raising and service projects with their fellow you ng lawyers throughout Ihe slale.

Thom •• B. Albritton

This year, rfprcunlaUves from Birmingha.m, Mobile, '!\Jscllioosa, fo10ntgomery, lind Andalusill attended the meeting, Speakers included: Sam Itumore, president.elect of the state bar: Chrll Glenol , president of the Uirmingham YL$; Walter G, Chavers, president of the Mobile YL$: and Joe Dent, president of the Georgia Young 1..1wyers' Section. The AOI' Wi\5 a huge succus duc to the orgimization and

hard work of Bl'llnnon Bud: of Birmingham, Thanks. IJrannon, For the lirst time, the Alabama State Bar YLS and the sll11e affiliates are workinll together 00 a joint service project. The ASH YO\Ing 1.(IW)'m· Sectioo will col· lect cellular phones 10 donatt to the Alabama Ctnter for Ootntstic Violence. The center has IIgreed to coordinate with cellular phone service providers in the slate to allow the phones to be used by victims of domestic violence to Cllll 91 1. free of charge. if lhe), find themselves in an imminentl)' dangerous situation. Once we collect the phones, the center then will distribute them to battered women's shdters throughout the slate. who, in lum, will distribute the phones to victims In their arca. Again. Ihis project will scrve victims of domestic violence throughout lhe state 0( Alabama and will cost IMm nothing. We appreciate lion), htlp)'Ou can give us to make this first·time project a. success. If the), have not contacted you alread)', a YLS representative in )'O ur arta will be in touch soon to $Glidt your help. In the meantime, if you have an), QU e5lions, call me ilt (334) 222-3177, or )'Our hxal YLS reprtSentative. •

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Coming Soon To A Desktop Near You: The Alabama State Bats New & Improved Web site! Everything you need from the ASB witt soon be just a few clicks away. You have told us how much you use the features now on our site. Soon you witt find a lot of great new ways to connect, including: • eatler navigation. on-line reglltraUon for the annual meeting· up-to-the-minute update• • • committee preference form • • mOlt current Information on meeting. and membenhip •

Coming This Spring to a Screen Near YOU ..• The New Look of www.alabar.org

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ALABAM A

STATE

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2000-2001 Committee and Task Force Preference Form A M"WlI!C. from SIIIII RUDlon', !'Cfsld(' III·Elrtt I f xlflllt! a/l jlll'ilaliml 10 (III "film",,,, Sf/lIt: liar ""II/bon 10 1'(/{IIIII"er lar stlr~/c, Oil II SIlI/' Imr cu mmilllJlIJ or Illsk lore,. III Illy 1/10', ,IIall 2S yl1/1r1 0/ IIIII' prl/eli" , SfJm , of 11111 bt11i1 jrllllld., J " 01" /lind, "'ertl ",, , I/Oi llK bar cII",,,,III,,

wojters, Pit as, btJ actil'f/ ill 1/111( local bar (ll'$ociatiollSfirfl. 1'1" >' mled your /;III I! mId tille/lis, IQO. IJllt If )'ou &ell a SlllIe committttl u( tWlk fore , that f t ally {lI/trtSIS you, Ilit flUl lwolI' by comp/ttt/IIN ,1Iis /orlll. SI(lfl bar IlrojU/J ('WQf~, Ira~,1 or olh" out.o!.t/U/'OjJiCl 1;"" c/III/III;/"""tS. \'011111""1/ yo u or, will/ilK 10 b, a particilMilllg tamll/itifll lll",I' btlr. I /InCouNlglI 11",r sen -jell (lnd YOl'f iI/pm/or / " wrtiHu' IJrojlClS.

AI)POINTMENT REQUEST . Terms begin August

1,2000 tllld expire July, 200 1. Indicate YOUf lop two preferences from the lisl by marking ! or 2 beside the preferred colllmittee (e) or tusk force (If). __ Aceess CO Lcgfll

Servi ~-es

Indigent DefenSc (c)

(e)

__ !tI(,IxUllfl ulwyer, Bditorilll BOIlI1I (c) __ !tIOlx1l/1l1

Insumnce Prognum (c)

Lnwyu. Bur Directory (e)

Intra llench·B3r Communiedl ions (If)

__ A.itemotive Mcthods of Dispute ResolutiOn (c) _

Bench & Bllr Reilltions (If)

Lawyer Referrnl (e)

__ l.aw),er Public Relations, Information. Media (c)

__ Characler & Fitness (e)

__ Utwycrs Helping Lawyefll (e)

__ Client Sc<;urity Fund (e)

__ Legal Service.\ Funding (tl)

__ Correcdonul Institutions &. Jlroccdol'es(c)

__ Militllry Law (e)

Fee

[)i ~pute

Resolution (e)

_ _ Minorit)' Phr1ici]lllt ion & Opportunily (tf)

History & Archives (e)

Solo & Snllll1 Firm Pmctitioncrs (c) __ UnAuthori zcd Practice of I..uw (e)

L.cglil Services Funding (II)

BACKGROUND INFORMATION

Nllme: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Arm: ______________________________________________________________ Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _(Strcet or 11,0. Il ox) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _(City, Stlte. Z IP) Telephone: (officc) _ __ _ _ _ _ _ _ e-mail: _ _ _ _ _ _ _ _ _ _ faC $imile _ _ _ _ _ _ __

Year or odmiuion 10 bur:

D Check if new uddrcs~

Ilow mudl time {Ire yuu wllllnj:llu SIIl!lId 011 II cOlllmlttee or Insk ron:l!'f

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16+ houni per month

5 hours per month

6-15 hours pcr monlh

occasional contribulion

INSTRUCTIONS FOR SUBM ISSION COllY this fom l from Ihis WiliQII of The Allllxmlll UIWYU, ar.d mail it to AIIII>IIn1ll Stllte 611r. AttentlOIl : I'ro~ rlt llls, 1',0. 80x 67 1, Mont~ollu: ry, Alilimmll 36101·0671 , send by '"('.'ihnllc. (334) 26 1·6310, or go 10 ..........ofo/wr.org lind complete the form on·line lind send it. We musl ~ive your fonn 1lI1 !lr l!don: June. J5, 2000 to consider you for II contmittee or hlSk force appointment. Plellse remember that the vtlctl ncies tlvailnblc for e:lch cOlllmittee nnd tllsk force are extremely limited as most eOnlmillce nppoinlmellts are fil led on IIlhrcc-yenf ralnlion basis.

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CLASSIFIED NOTICES

Rates: Members: Two frae IIsUngs 01 50 words or less per bar member per calendar year EXCEPT lor "poSition wanted" or ~posltlon offered" IIsl lngs-S35 per Insertion 01 50 words or less, $.50 per additional word:

Nonmembers: 535 per Insertion of 50 words or less, $.50 per additional word, Classified copy and payment mUSI be received according to the following publiShing schedule: May 2000 is!ue-deadline March 15,2000: July 2000 Issl.Ie-deadline May 15. 2000. No deadline axlenslons wltl be made. Send classll ad copy and paymenl , payable to The Alabama Lawyer, to: Alabama Lawyer Classified" cia Shannon Elliott , P.O. Box 4156, Montgomery, Alabama 36101.

SERVICES CRIMINAUCIVIL APPEALS BRIEFS:

Licensed Alabama allornay with 15 yesrt' experlel'lC8 In Issue Identillca· lion, research and preparation 01 stata and lodor81 appollata brials lor the Alabama appellate courts, the Eleventh Circuit Court of Appeals and the U.S. Supreme Court. Kathloen B. Moms, 100 Commerce Stroot, Suite 900, MontijOrTl6ry. 36104. Phone (334) 264-6466. E·mail: MOR076 0aol.com. No representation is made thai/he quality of lega/services to be perfofm&d is greater than the quality 01 Iogal services to be perform6CI by other lawyers. AABITAATORIMEDtATOA: Oulck, cost-effGCtlve methods 01 settling claims, disputes Of litlgatlon. Certified mediator and Irbllmtor, mombel' 01 too Alabama State Bar since t 986. Any type 01 dlspule, Including contract, per· SOIlllllnJury, Inbor/omploymont, com· merclal, proclUClS liability, property damage, and domestic rolatlons. Call John B. Bough at (256) 768-0724. No rapfflsentarlon Is made that the quality 01 legsl ~s !o be performed Is gr8lJt8f than Ihe quality of I6gaI Nfvices to be p6fformecJ by other 1BW)'ltfS. HANDWRITING EXPEATIFOAENSIC DOCUMENT EXAMINER: ABFDE car· tmod, Forme rl)' Chief, Questioned DOC1Jments DI~lslon , U.S. Army Crlmlnel InvOSllg8tlon Labora tory. AmerlC8n Society 01Questioned Documont Examlnors. American Academy 01 Forensic Sciences. Civil ~

...... y ooao

and criminal cases acceptod. Farrell Shiver, Shiver & Nelson Document Invaatlgallon Laboratory, t903 Lilac Ridge Drive, Woodstock. Georgia, 30 189. Phone (770) 517·6008. • TRAFFIC ACCIDENT RECONSTRUCTION; Evaluation 01 highway oaslgn, ThiS engineer lUIs rec:onstrl.lCted OIIOr 3,000 accldenll In 20 slates on hlghll'OYS, slreell, ralt· roads 8nd highway construction lOn9S Involving trucks, vans, cars, podestrl· ans, and ferm Implements, Computer anlmetlon end CAD dr&wlnga proparad to Itluatf$ te hIs oplilions. Over 42 yeElrS' engIneering experience. ReglsUlred professional engineer and fult ACTAR cartlficatlon. Contact John T. Batas, P.E., toll -free (800) 299·5950, FORENSIC DOCUMENT EXAMINATIONS: Seventeen years' torenslc document ell8mlnations; 27 years' total foron sic experience. Rellrltd sonlor documents ollemlnor and dlsclptfne coordinator, Alabama Department of Foranslc Scloncas. Member, QuestlonMi Document Section-American Acadomy 01 ForensIc Sciences Southeestern Association 01 Forensic Document Examiners; Soothern A$$OClatlon of Forensic Scientists: Atabama Stala Association 01 Forensic Sciences (pasl presiclent). Cont8C1 Richard A. Roper, Ph.D.. 7956 V8ugtTI Road. 1141 . Montgomery 38111. Phone (334) 2602552. Fax (334) 260·7929. E·mall: r/chroperOaoJ.com. LEGAL RESEAACH AND WAITING: Ellperlenced Alabama aUornoy (tormer

law clerk to l&<I8ral Judge and Law Rov//lw copy &dltor) providing research and writing servtces 8t reasonable retes. Emergency service available. Homewood, Alabama, (205) 879·8595, No reprosonlltr/ol'lls mad6 tha//he qUflllty 01 /eg{li urvlc6s /0 be {HI" fom1f1d Is fires tor than tie qus/rlyof legal services /0 be performed by other /swyers. LEGAL DRAFTING, EDITING AND TRANSLATION: Fluen~y bilingual (English and French) lawyor. Membor ollhe Quobec and Alabama State bar associations. Ton year" experience in drafting prOCuroment contract. and sortware license agreements. Also ellporlenced In streamlining legal doc· umen/s and In translation. Resume and fee schedule available on request. Cont8ct Mete Turgeon Smith, Selma, Phone (334) 875·5t 13. No mpr8S6n/a· tiQn Is m9cJe lhat 1116 qusllty of IlIgal services 10 be performtld Is grea/or than the qU8lity of 1ef}81 services /0 be performed by other lawyers. ELECTRICAL EXPERT WITNESS: Twonty-tour years' In the electrical Industry. Member 01 BOCA, CABO, IAEI. ICBO, SBCCI, OSHA·authorized (nstrue/or, LPI-certilled I ghting protec· tlon. NtCEr certified. Master et9Ctri' cianlcontrac/or In 39 Slates. Fee basis only, Contact Sleven J. Owen, elGCtri· cal consultent. PhOne (205) 987,2502. F8X (205) 982-96t3. STRUCTURAL ENGINEER AND CONSTRUCTION MANAGER: Registered professional engineer In Alabama, MiSSissippi and Louisiana.

M,S.C.E., with 28 years' experience In process chemical plants, refineries, power plants, tood plants, commercial buildings, and residential housing. EKperlence with toundatlon end struc· turallallures lor ,",suranee claims. Will perform computer animation lor telled structures. EKpertenctd testitylng exper1 for diHlcult construction ctalml Involving multiple contractors, construction manager and consulting engineer. Contact Hal C. Cain, Mobile, (334) 66 1· 2605. Web slle: www.hkcaln.com. DUVDRE EXPERT WITNESS: EKpert wiln8SS in the 101 owing areas: Driving undor the In!luonce, drug recognition, standard field sobriety tests. Opera 1101'1 and malnt8l'lance 01 breath-testing devices by a Iormer police officer (retired) and a nallonallnstructor lor the National Hlg~way Safety Tramc Administration, A so an Instructor lor brea th-testing de-lices. Charles E. Smith (C,E.S, Consuttlng. Inc.). Phone (56t) 266-516t . Filii (561) 286·6132 or e-malt! D/JICONSULOaol.com. CN and lees sent upon request, INSURANCE EXPERT WITNESS: Fee-only expert witness, Twenly years' experience In risk management Insur· ance consulllng. Pre-liRng evaluation, deposition and trisl. Policy coverage, captives, excess, deductibles-, 8811 Insurance, agency operations, direct writers, propclrty loIS preparation, Member S.R.M.C. Contact Douglas F. Miller, Employers' Risk Management. Phone (205) 995.()OO2, Birmingham or WATS (800) 462·5602. DOCUMENT EXAMINER: Examination 01questioned docuMents. Certified Iorenslc handwrltno and document uamlner. Thlrty·throe years' experl· ence In all forens-Ie document prob· lems. Formerly, chlol quostloned document analyst, USA Criminal Investigation Laboratories. Dlplomale (cerlilied)- ABFDE, Member: ASaOE: tAl : SAOFE: NACDL. Resume and toe schedule on request. HEIns Mayer Gldlon, 218 Marrymonl Drive, Augulle, Georgia 30901. Phone (106) 660·4261. FORENSIC OOCUMENT EXAMINER : Handwriting. typewriting, allated documenls, medical recorde, wills. contr&ctor., doeds, ChOCkS, anonymous latters. Court·quallliod. '!Wanly yaElrs' alCperle~a, Cartilled: American Bo&rd of Document EKamlners. Mamber:

American Society 01 Questioned Document Examiners, American Academy 01 Forensic Sclences, Soulhaastern Association 01 Forenllc Document Examiners. Criminal and civil matters. CarMy & Hammond FOI'an11c Document laboratory, 4018 Biltmore Woods Coun, Buford (Atlanla), Georgia 30519. Phona (no) 61 4·4440, NEED A CREOIBLE EXPERT: PEG, Inc. (Professional Engineering Group) can provide eKPBrla lor youl ElWI'Iples: biomedical and blomechanlcal; bollding laliUles: construction aa tety and related codes: highway and transporlation accidents end problema: OSHA Issuas: slips. Irlps and lells: product liability: environmental: varioul other areas, Call or wrlle: PEG, Inc., 950 22nd SIreet. North, Suite 632, Birmingham, 35203. Phone (205) 456·8485. E-mail!

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POSITIONS OFFERED ATTORNEY POSITIONS: Many 01 the bestlirmsln Blrmlnghtlm, Mobile, Huntsville, Atlanta . NaShville. and other dtles &cross Ihe South are seeking good lawyers with experience In the 101· lowing areas: corporale, lillgatlon, feal estate, tax. Intellectul'l property, ERISA, labor alld employment Assocl&te and partner level positions are av&il&ble. All inquirlas ara strictly conlldentlal. Please contacl Richard G. Brock, eSQ" at Aeymt&ch, Inc. Phone (205) 81 1·3223, Fax (205) 61 1-3224. E·mall: rlchardOscymtecJ1.COffl. ATTORNEY JOBS: The nation's" I fob·huntlng bollotln for allorneys Is now online al AIIOfnoyJobsOIlIln8,com. Subscribe online or call us: ' ·800·296· 9611 . Extensive Web site preHnll tnousanda of attorney and law· related jobs nationwide and abroad at all levels 01 experience In public (federal , Slate end lOcal) and private sectors. Sponsored by Wesl GfOUp. • EMPLOYMENT ATTORNEY NEEDED: Huntsville IIrm seeks 8lIperienced employment practlcesmuman resources counsellor national praetlce (InCluding ol,J tslde general COunst'lllOr rapid growth PEO businesses.) WOrk Includes coordlnallng national 1!llgatlon.

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ycmrl of experlenc~ in rClcllI'ch IIruJ writinl I have the time neccnary for !be .ua· laint!u, unlnLerrupteu relc.llLl'cb 10 often nceued to win • cu.. Wb en your cue iI fully ruulebed you can roproHnl your eHent with moro confl. uence WId bc.l belter proPIlCC<J In court. I am available for SOOtl runrc b quntion. or leng!bicr briefs. M~ talC is S35.00 per bour, Klllh ~r1 I1 ~ S. W",,<J P. O. Dox 59011)4 Blrml R&!I1lI'rl. AL 35159 (20'>941- 1496

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Excellent compensatlonibene lUs. Apply confidentially to Leo & Associates, 200 Randolph Avenue , Hunl sville, 3580 1. Fax (256) 539·6024. AnORNEY PO SITION: Small, aggres· slve, plalntlH-orlenled law tlrm seeks assocltlte tlltorney wit h good commUnlC$l lon , kilts. Experlence In pel"BOn$1 Injury and ban knJp1cy pre1erred b\Jt not required. Trial experience prelerred but not necessary. SalSiry and benelita commensurate with experience. Reply to: Managing Psrtner, P.O. BoK 548, Anniston, 36202.

KNOWL E DGE. E XP E RI E NC E. INT EG RITY. Ma~ lmlzlng Iha .alurn on .aal utale Invutmanl l lor bu ya,. , ta lla.1 lind tandan reqllt.1II .aund Jlldgmanl and .I.k manaU l menl axpertlaa, One of Ihe bul w/lya to aueeeed la 10 In,ial on a valu~llon expart whO" II mambar of the App.olaol Inllilute, Ihe wQ.rd', mOlt t"" I, d "'utho.ily gn raDr 1111010 IIpprpllol. You'III'8Cognl za our mamba•• by th e dnlgnaUonl IIfta r Ihili. nll",n _

MAl , SRPA. SRA. Stand ing behind th alli lalla,. 111'8 Superior Knowl .dga, Documllnlad Experlenca, Uncomproml.lng Inllg.lly. Mamb.... of tha Appralllli Inl i li uta I:llrry thle high dagraa 01 p...... "lgnlllll m with Ihalr dOllgnllUgna. Yell . hould raqulre It for yOu. flnMelll1 pn;>tOl:tign ond palll:lI of mind.

APPRAISAL

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Por thll nama. of d1JIIlgI1(l!od t>ppr1Il,o.. or for mora Informll!1on on thl! Alai)llma Chepror of l he J\ppraISllllnstilule, CIIIU205· 669·1719. lax 205·669·U 20. a.mall mlDk:hoptOI:lQl.c:Qm or vI,11 www. ala~i)II ma.c:om.

TAX PARTNER: The Mon tgomory oll'co 01 Sirole & Permutl, P.C., s major Alabama law !lrm, Is sooklng a lax parl ner to work In the areas ot genera! laxa· tlon , general b\Jslness law, corporato, partnership and limited lIaOllity company taw, t8J(-exempt orgenlzatlons, health C$re lew, and estale planning and

Position Available Circuit Mediator, United States Court of Appeal s for the Eleventh JudIcial Circuit Ths avaltable position Is located In Miami, Florida. Tho Incumbent will prosido al mlKllallons In soloel ad clvlt appoals. Tho primary purpose 01 the modlatlon Is 10 sotllo 8ppel'lls I'Ind ellmlne.le them Irom the court's docket. Duties Include leading diSGusslons ol lhe procedural and eubstantlve 1I;lgal Issves Involved, conduding economic analyses 01 an app eal's seillemeni valuo, and pfobl!'tg lor oach par ty'a Inlorosl In an ollorl 10 holp tho partlos crOOIO and e>cplofe option s 10 con tinued litigation. To quall!y, on applicant mu st havo exceptional leg..' skill s and 8lCp erlenco end slg nlflcanl training and experience In m ediation. For full requirements and appllcstlon procedurel, contact Cheryl Vellel l, personnel speciali st , al (404 ) 335-6202. Starling salary Is $75,000 10 $99,000 (CL 3 1), doponding upon oxporlonco. Appl ica tions will bo accepted untilihe position Is fllted. It Is antlclpal fW tha t the succe!lsl ut C$ndldate will commence hi' or her duties at Ihe court In JUne 2000.

administration. A qualified candidate wilh a minimum 01 sevEln yeara of expsrlonca In Iho araas tlsted above Is pralo(rod. Plea so contact Robart SaS&8r at P.O. Drawor 4539, Montgomery, 361034539. Phone (334 ) 26 1·3430.

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FOR LEASE/RENT BIRMtNGHAM OFFICE: Office sj){lce lor lawyer In the hl$lorlc Title Building located at 300 N. 2 1st Street, Birmingham, 35203. Very targe olllce. Directly across Irom YMCA. Utilities, con loronco room, copy machine, lax machine, elc. Call Parry Shu ttlesworth at (205) 254 -9200. SOUTHSIDE OFFICE: FIve PoInts, Southslclo law 011100 avallablo !of solo altornoy(s). 111 7 22nd Stroot. South. Birmingham. From $425 lor a windoW oUlco. "Vlrluar office or "Cot'poratolmago" also avallablo lor lhoso needing IImltod conference room time, Aooopllonist and other ancillary services provldod, Free parlling and utitiUos Includod, Call Tom PIooff, eSCI, Ilt (205) 939-0000, GULF SHORES/FORT MORGANJ DAUPHIN ISLAND: Houses on gutl. "TWo-, three- Ilnd lour-bedroom, $teep 6-10, lully furnished. Call (205) 6786139 or lex (205) 678·61 42. HOMEWOOD OFFICE: Homewood office or suite 01offices available. Furnished office can be provided, two conference rooms, library, copier, lax, voice mall. recaption, lui break room, lile slorago. rree parking, join ihroo othor attorneys, groal tocatlon to stsrl or build a practice. Localod at: 2E1OS Crsstent Avonu8, Phono (205) 679-2999, •

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