MONEY MAGAZINE. FAI. L 1968
That's right. According to Money Magazine, Veribanc and Bank Rate Monitor, Union Bank heads the list as one of the safest, strongest banks in Alabama, and it is ranked among the top 175 "superstar" banks in the nation, based on assets and services. Union Bank. Wf!re strong. Wf!re safe. Bank with the independent bank that lives where you do. Henry A. Leslie - President & CEO
Come Home10 Us. UNION BANK
UNION BANK&1 TRUST co., MONTGOMERY, ALABIJo.1A1MEM BER
•
ALABAMA ... "988
$70.95
A thoroulI'hly up·dated gUide to criminal trilll
practice including pre.trinl practice with attention given to federal oon8titutionallaw.
"988 $ 7 2.95
"988
$ 76.95
The new Second eAtition II responsive to the
If!
acute need of the practitioner to keep abrea8t of
recent law~ and C8&e1 88 well
81
Jo'eclaral lntome
CTP Form8 N OW on DISKS!
Tax considerations. New fo rms ildded p lu!! ex ist ing forml allaTed to renact staw-or· the-art, made more generally BI>plicable, with technical and literary
improvement8.
°'988 $87.95
The new Second "~d i tion fatalns t.he character of the first edition in iUl e mphasis, and, due to the aclvont of tort forml, t reats the conlltitulionality
or
statute. limiting damage •.
THE
} ::.1 HARRISON COMPANY, PUBLISHERS Jl 10 C,olll"ll h'k ' P 0 80. 7600 ' Ho<CfOU, 0"'300" . 1500
1-800-24 1-3061 88· H8
You spend a lot of money updating your office equipment. How much do you spend updating yourself and your office staff?
AT10Nt\L ASSOCIATION p E £ RlfS
Th~ National AMociatlo n of Legul 5«returluls offerinll 47 houl1 of qunHty «luclltlo,\ M it! 3&h Ann UAl Mealng Dnd Educational Conftrcnco; In Birmingha m, Th~ seminars ore open to I'IOnmcmbers of NAlS for $25 ~ach and will be held at (h~ Wynfrcy HeKel at
Riverchllst Galleria.
Place a check mark beaide eac h workshop Ihnt yo u will atte nd:
0 Employee Benefic.: The Other ParI of Your Paycheck 8,00 a,m. to 9:30 lI.m . 0 Toxk TOMS: The Upoand-Comlna: Clalnu or the 9Ot: 8:00 I .m. t (l 9:)0 1l. m. 0 Today', ChurchlStatt Dilt'mma 8:30 J,l.m. to 10:00 l1.m. 0 Ut1llt Plannlna and Preparatio n of 7068 8:30 n.m. to 11 :30 a.m.
0 To Medlalt or Not 10 Mediate 9:30 a.m. 10 12:)0 p.m. 0 OI.tcOVtry Technique. 9:30 lI,m. fO 1Z:30 p.m,
0 Day in the Life of",PcrtOnallnJury ~:OO
p.m. to 3:30 p.m.
0 Lep) Software. Tbe AlOny and the Ecttuy 2:00 p.m. 10 5:00 p.m. 0 Colk<:tive Barpinln" in the LAw Ol6u 2:00 p.m.
[0
5:00 p.m .
0 Unravcllnl the MYllerid of Pall\Qlorv 2:30 p.m.
[0
Sunday, July 16 0 The Chanpn; Face ot PaCt101 Law 9:30
lI .m. Ie)
11:00 A.m.
0 The NUl SltP In Markedol YouneiC 9:30 a.m. to I [:00 a.m. 0 Trial Technique. 9:30 lI.m. to 12:30 p.m.
0 Trwu and Prep.radon of 10411 9:30 l\. m. to 12:30 p. m.
0 Markednl: A Team E{{on 11 :30 a.m. to \:00 p.m.
0 Dilcrimin.don In the Workplace 1:30 p.m. to 3:00 p.m. 0 The Price of Olvloll Nonlepl Advice 1:30 p,m. to 4:30 p.m. Securilld Law for the Non.Allorney 0 1:.30 p. m. to 4:30 p,m.
0 Accident Reeorultuclion ):30 p,m. 10 4:30 p.m. Handlin. O.i1y eriK' in FIlI11i1y Law 0 2:30 p .m. to 4:00 p.m.
4:30 p.m
0 Your Role whh the Expert WltrwM Ma ke c h ~k p.y~ble to NALS nnd r~m it to NALS Hcadqulm e ra, 22 50 EMI ?J Street, Suite 550, Tul8a, OK 74136.
D Yes,
I Wll nt 10
rtgi5t~r for th~ abov~ mark~d 8~minarl,
N.m. _______________________________________ TI,le
For .<kInlOn.1
,~.Im.n".
pl . ..~ . noch • II .. ,
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 EndOKd I. mv eh«k In ,he .moum of $ _____
Add« .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___
o l'Iu.. ch'fae mv 0
VI.. C M..,.rC.rd In ,ho IJl\\IUm of 1' _____ 1
C r.dh C.rd , _ _ _ _ _ _ _ _ _ _ _ _ E.p, Ollt _ __ CliVI S,., ~Zll'
I
C •• dhollk.'. Slgn', ur. ::;;;-;:::-::::=:c;:c-::::::::::;c:;:::",:::;-c:;:::::",,:o::! A SJO h.ndlln~ chlrse will be .... >Kd fen murn.d ( hO\!~."nd ,c)oc,.d c,~dl1 0 1 Cln', I\lend. but plUM: M:M me membmhlplnfo,ml!lon, cI,d ChlliCl' I:) I can', .". nd. bu. plUM: M:nd me Inl'o. mltlon .bout Of h. r educatlon.1 o«orinp. I( yuu h.... Quu, loru o r d... I"" addltl on. LIn(um' . 'ion, pi ..... cOn'oc' ,h .. Educa ,lo n Coordinalor I I ('l 18) ,1\1]-,) 5,,0.
114
The Alabama
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Interfere nce with Business Re lations: Ihe Unified Tort Since Cross v. Lowder Realty by Andrew P. Campbell ............. .. 129
agement from Reing a Burden to Since the Al,l1)Jma Suprclllt! COllrt merged Lawyers or Their Firms-by W. Inge till' torl~ of Inlerference wllh contr.let :Inc! Hill, Jr . .... " . , " , .. , ... 126 intenllonal interference with buslnc~~ relaA tongue·in -cheek parody of law office man,lgemcnt philosophy may be dOS('f to the tru th than we care 10 ,ldmil.
tions inlO ,1 ~inglc lorl concept, Ihere hJS been J molrkt.od increa<;e in litig.llion In Ihis area.
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PoslmaSler: Send addrcslo changes
IN SID E THIS ISSUE PJ('~jdl'n!' ~
I'd!!\.'
EXi.'<:lIllvc Olrl'<;. tor\ RCIKlII About MI'l11hrr~, Arnong Firrn ~ V()U!1S l.lwyef\· x'Ction Ilonof Roll of Anomcy~ I Ol TA lIonor Roll of FlnJn.c, al In~ Ii1Ul ion~
Plot1le
10 The Alab,lma lawyer, P,O . Box
ClE Opl)()l1unitil'~ Building "'t.\b"rl1d'~
41 56, Montgomery, Al 36101.
MClE Nl'w\
I !f, 11 7 120 124 1)2 134 1)5 1J6
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142 148 149 150 15 2 154 156 156 159
160
President's Page The decli ne in bench and bar
do not demand 101allso10t10n. There are abundant ol>lxlrIunltles for Interaction of ucl! htlS Ixocn said about the judges and lawyers that arc not only ap. denll se of professionalism proprlatc bUI oughl 10 be fostered. The .wnong lawyers In recent Judicial conference In the ft!deral syslem years, and there Is no dispute lh.ll this is one such ckt1mple. The conferem;:e subject deserves all of the mtcntlon it hilS provides an ollportunlly for appropriale received. FM less focus has been given, sodJI conlact betwccn Judges lind lawhowever, to Ihe delorior,,'ing rcl::l\ionship yers, and, more 1rl'lI>Oflanl ly, a vehicle 10 between the bench and the bar, a decxchonge Ideas and vlcwpolnt5 about Ihe velopmcn1 wh eh appeat'5 10 be aggravat· courts. Ing the decl1l"o1.! of Ilrofessionalism. In our state courts there simply Is no The greater emphasis bv I~ on the realistic iIYCflUC (or Judges and lawyers 10 advcBarial nature of litigation seems to communicate on a regular ba si~ abol,lt hOM: been mel by an ever.l ncreaslng ad· mutuol problems. I propQS4! thaI we Yers.lri,1I rel,lIionship between judges and establish an annual state judic:ial conIJWyers, both in stille and federal COUflS ference similllr to the federal WSlem. An in Alab.lma. n some courts we now extension of this Idea could be circuit commonly see an unhealthy, and, I beHUCKABY CQnfcroflCes between Ihe Judges and lawlic.~, unnl!(@SSary tension between the yers In the circuits. judge and the lawyers. Another exlsling opportunity is the an· hI my ludgment the ',1U1t for this condition rests with nual meeting of the Slate bar. TwentY"fivc yean ago many both our bench and our bar. Judges rightfully have lost judges allendcd Ihis meeting. Now only a handful of p;ltlence with some lawyers who assert unfounded posi. judges arc (It the bench and bilr luncheon ill annual meetlions for their clients and who are not prepared when ap. ings. Judges ought 10 be on commillccs, arId this year I pe;lring In court . They tire of interminable disputes i1boUI havt! aj)jlOintl-d fIlany of thCfIl for such set'\llce. discovery lind olher procedur;lI I)()lms tha t shQuld be reReal ImprOVt!ment must come in the chambers and solved by i1gfeemen!. II ill>l>cars thatlhc new "hard-ball" courtrooms on a day-Io-day bosls, hoY.'eVCr, ilnd will relaclics praclic~-d by some Illwycrs hil\!(! clluscd a similar quire a rededlcallon of Ihe lawyer to the trildlrlonBI view rcactiOn by judgcs. LawycJ'1, just as VJlidly, are upset aboU! thaI he or ~ h e Is an officer of the court and Ihat It is nOl soll'le judges ......ho deal wllh lowycrs with a demeanor that his or her duty to assert every position the client demands. rJnges from Indifference 10 outrlghl hostiUty. Judges muSI realize that courtesy, Ilnd even friendliness, These conditions have resulted In I'llfl from thc isola· in the courtroom do nOI connote lack of discipline or contion that is incidental to judicial office. Judgcs arc lawyers trol in Ihe case. first, and when they ilssume the bench, they InStantly mUSI Judges and lawyers alike must realize thaI the goal of scvcr, to some extent, Wilrm, collegial relation ships with all rh;11 we do In our court Is to SCI'\Ie the public In the their fellow lawyers. Lawyers must a\/Oid any appear.mce adjudication of their disputes. The system and the rules of imprOpriety thaI might be sU8!lestcd by a dose associa· arc nOI ends wllhln themselves. We mustlry to Ond cohelion with members of Ihe bench . sion and common 8round for the good of the parties. While II Is a necessity to observe the well·known rules Cleady, common courtesy (lnd civility are the e5woce of of conduct for both the judge and the lawyer, Ihe rules the proper Judge-lawyer relationship, •
relations
M
116
May 1989
Executive Director's
Report
This is the year of the Alabama Reunion.
• • •• ••• • •• • ••• •• ••• •• •••• ••• • • • • • • • ••• • • • • • • • • • • • • ••
The Alaoama Reunion.
•
•
•
•
1 9 8 9 ~-=-----
•
•
•
HAMNER
• n interesting inquiry received In early 1989 ..(forded us an opportunity to "invite someone home" ilS I rcscarchLod a significant bit of Alao bama bar history. Let me share wi th you some of our b..lr's history while introducing you to a rcm(lrkable Alabam;t lilwyer, SI)ccial
A
member JF2368.
A chance ca ll from an historian Wilnl1r'8 the name of the lirst black femllie law-
yer admitted
[0
practice in Alabama inl-
!Jated my search. Our records Ix!forc 1923 are sparse, and we continue \0 in·
dex them from that dale to the present. Earlier files are not cros~i ndcxed as 10 race, gender, yeM of admission, etc" but
The Alaba m.1 Lawyer
by pickIng a logical starting point, and with the hell) of some senior members, I eventually CM answer an Inquiry. I knew Mobile a llOrn~y Frnnkie Fields Smith was one of th e senior female bar mcmbers (lnd thought she may have been the first black woman admitted to practice In Alabilmil, in spite of her 191>7 admission dilte. Smith was very helpful while aCknowledging she kncw she was not Alabanla's first black fem ale lawyer. She g..we me a possible nilmQ, but t could lind nothinp, concrete with which 10 answer the (IUestion. I did recall a story I had rc<Kl of a black female I<lwyer 01 distinction from Alaska. I also remembered that she had iln Al abnma connecti on,
though nothing In the arti cle Indicated she had ever been admitted to practice here. Undinmted, I called Iny counterp..lrt wi th the Alaska /jar and in less than two minutes h"d Ihe name of an outstanding black fcmale lawyer in Anchorage. A quick check of our Inactive files nOt only provided the nllswer 10 the Inquiry but pcrmiued us to establish cont.lCI with a vcry special member, Mahala Ashll.'Y Dickerson, a Montgomery Ililtlve 1>OSse5SIns" fascin<uing legal career. Dickerson grildl,lilted, cum I/Jude, from Fisk University where she was inducted into Phi Beta KapP<I after it was admined 10 thilt C.l lllpU S. Shl') was il law school
11 7
classmate of Alabama StJpreme Court Justice OscarW. Ad~ms i1t Howard Univer· sHy and licensed to I)racticc in Alilbilmil upon successful completion of the 1948 bar ellamlna1ion. (Today there are 1,303 ilctive female members of the AI"bamil State 8ar. Eighty-sill of these are black.) Dickerson practiced law In Alabama until 1951 , when she moved to Irtdiar'lapolis, Indiana. She W<lS the second black female to be adrnined in Indiana Md practiced there for dHhl YC.lr5. After get· ting " the Alaska fcW!r " In 1959, she moved there and became Alaska's fir$! black atlorney. She described as a thrilling C/cperiem.:e the homt..'Steading of her own 160 aCrM with a private lake and fabulous mountain view. She became active wi th the National A$sOd(llion of Women Lawyers .. rid served as that organi7.ation's mllional I)resldenl during 1983-84. " Retirement will be lcit up to nature, "
die HlII, a Quaker Center In Pennsylvania. In addition. she Is the nlother of Iril)l!!t
sons. One son is now deceased; her OIh(>r two reside In New York City, where one is a uusinessmiln (Ill(! \tle Olher a (.lmoos bodybuilder who has held the titles of Mr, USA, Mr. AmeriCil. Mr. Universe and Mr. Olympia. The prel13rallon of an Alaska SUI)rCme Court I delo)ed her reSI)()nse, wi th letter, but lhls law-
yer Included a check 10 reactiva te her Alabama State Bar memlx!rshlp. In commenting on the cover of the January Alabama Lawyer I sent her, sh() nOIOO not only the female juror5, but a black female juror in lhe jury box- " Our >l.lte has really malurt,.od immensely." I look forwoard to Mrs. Oickersoo's an· tlCip.1tcd visit home in April 1989 and her I)romlsed vi sit to state bar headquartef5. Such a vi sit will Ix! in the true Alauilnm Reunion 51)lril. •
she writes. She presently Is writing her memoir5, " Delayed Jusl ice (Of Sale," which she hopes to finish this year. Dickerson is on the boMd of dlrector5 of Pen·
Ma ha/.1 ....shley. Oickerson, lefl, lind Reglnold Ham ner outside A/"l)amn SfMe Bar Building .
What Our Work Related Injury Program Means To YOU ••• Industrial Occuplltl_1 Medicine Program •.• Monttomt'lY Rchilbllit.ltlon Hospltal's work
relaled Inlury l)IOIrilm 15 dnlpd to §end poillenll back InlO lhe work fofte 15 soon as possible. It k!he onlycomprehenshle P'OII'.m ollIS kind In !he a~a Any n«d to lind othef ueillrrlent f;w;"11e$ Is comj)telely el!mINled. ThIs Is 001 only • COIlYenlence lOt l)allents.nd f.mlly but also a realtime pylnt ad~anla&e 101 Ins\lrance representatives.attorneys. and mem· be~ 01 allied health proiesslOn$ IlW()lved In the The I0Il1 ol our unlq\le pI'OItriIm Is to help $~ tile r«every process ilnd send poitlents b.ck 10 worIIl\lOfe q\llckly we.rc proud 01 our procrams.our iIiIl«lIthe-an lleUilles .nd our wH ol hlchly tral~
"'It
118
rekablllUlllon I(,lt(lallits. You will lind Monttomery Rehilbl1ltlltlon HospIUlt enthus~11y 1Io'OB.1nc tOWMds our
Montcomery Rehibllltation HaSpIUlI" by the Joint Commission 01'1 IoccredltMIOI\ 01 He.lthcareOfpnlutlons.a
obltCtlYef 01 O¥tfCOll\lIIJI dlwblllty with IbllIty.
r\M1oN1 YOIunlJ/Y 1Wed111nc OIpnlllllon. The hospItal I, al50 acaedlled by lhe CommIssion on At;vedIUltiOl'l 01 Relllbllllil' lion Facilities tC!lRFI.and Is 1\l11y lleensed by
P1easccontact our PfOIrilm dlr«tor If you desIre I\lrther Information Relemls 6- AccredItations Pallents Ife admItted to Montaomery Rehfblllliltlon HospItal throuch referrals from IndMd~~ and fllllilles. physIclloM. community Iospklll. rehabilItatIon Ins\lrllllcCI rtpre Itnt.t~ .• ltomtyC.nc! mcmbtfs 01 allied!health professions.
~Ited
the Alob.1ma DoPllrtmcntoi Publk: Health.
Montgomery Rehabilitation Hospital OVef(OmiHg DiSilbilily Witfl Abilit y '~Nanow UIlt~.
MonlfOl'Mry. ~btrM 16t16
(2051284·7700. 1-800-882-8677 _..,. _ .......... _ . . (01""" ..... I'WI"' ... H .... 1jIo<..... _ _ e....
May 1989
Supreme Court of Alabama
ORDER WHEREAS, the Alabama Slale Bar has (ecommended 10 Ihi ~ Court certain amendments 10 Rule 8, Alab(lma Rules of Disciplinary Enforcemenl;
oed WHEREAS, Ihe Courl has considered those proposed ameodmenlS and deems II OIpproprlOlle 10 make Ihose amendments, II is ORDERED Ihal Rule 8, Alabama Rules of Disciplinary Enforcement, be amended as follows: 1, Rule 8Ib)(2) Is arnended to read liS folla.vs: "(2) Grlcvance Committee's Rccorc15; F.1l1ure to Suomlt Rcpor! Within One Year; U!11t!ral Counsel's Records, Each grievance committee sh(ltl maintain a file for at least si~ ycaf'5 as 10 all charges flied with It or i~l ig.lled by il ilnd shall make the same available to the Gener.. 1Counsel upon 14 d<r,'S' receipt of wrillen requesl by the General Counsel. The failure of any local grievance committee 10 take or recommend OIclion OIgOlln51 an mtorney sha'l in no event be or consl ltute a har 10 Ihe prosocutlon of charges by Ihe Gener.. 1Counsel of the AlabaMa Slale Bar against Ihe attorney for or arising oul of Ihe smoo facts, as Pl'OYided in Rule 8(a) hereof, "In any case where a grlev.:mce commi ttee has 1101 submined Its report of (In investigalion 10 Ihe DIsciplinary Commission within onc
'rhe Alabilm,l Lawyer
(I) ~tIr from Ihe (Llte Ih(l1lhc com· plaint W0l5 received by Ihe B(lr or from Ihe done on which the Investigation was commenced by the grieVilllce commll1ee, whichever was eMlier, the Disciplinary Com· mission shall nOl fy Ihe grievance Committee to submit ilS report within thlny (30) days. and if the reI>ort has nOl been rc<:eivcd within thltty llO) days the Oi5cil)linOlry Commls§lon may order tha t the inves ti g.1tion be 100kcn over by the General Counsel. "the General Counsel shall maintilln a file for (If leOlst six (6) years as to all charges filed with it and investigated by it .. nd shall make the same .wallable to any grievOlnce comml'!L'C within fourteen (14) dayS of the recelpl of a written request by the 8/levance commi ttee, prOYlded, h()Y.'CYCr, Ihat Rule 22 sh.. 11 be observed by Ihe grievance committee, "(Amended effective February
28, 1989.)"
2. Rule 81el is amended to Oldd the following ptIragrOiph: "In Ihose cases where the respondent is found 10 have viola ted the Code of Professional R('sponsibillty, the Di5(iplinary ao.11d shall allow the Slale 8ar and the reo spond(!f1t to be he~1d further on the queSl ion of appropriate di5(ipline In the matter, and Ihe Di Sciplinary
Board shall consider, In setting discipline, any prior violations of the Code of Professional Responslbllily by the responden1. "(Amended effective February 28, 1989.1"
3. The follOWing secl ion i5 added as Rule 8(f): "Expungement of Records. The General Counsel of the Alabama Slate Bar and .. gr!ev,lflce cornrnlltee of a Circuit, County, orChy Bar Assoclalion, which commlucc hos been approved by the Alnb .. ma Slaw BM or Its BO<lrd of Commissioners, may expunge (lny rccords or nI/:!$ relating to or involving any complaint or griev,lnce, which has been dismissed without discipline, by an order of the Disciplinary Commission or by .. pantl of Ihe Di5(iplinary Bo.1rd of the "lab-1ma Stale Bar, and as 10 which at least st!\ICn (7) years has eiOlpse<! since Ihe dille of Ihe ord~r dismissinllihe complaint or gril..'VJnce, "(Added cfk'Ctlvc February 28, 1989.)"
It is further ORDERED Ihat these amendments shall be effecllve this dale. DONE ilnd ORDERED this 28th day of February 1989. Homsby, Cj" and Maddox, Almon, Shores, Houston, Steagall, and Kennedy, j)" concur. •
11.
About Members, Among Firms •
ABOUT MEMBERS J.E. Sllwyer, Jr., formerly of Rowe, ROWt' & Silwycr, P.A" anno unCeS th e relocation of his omce to 11 7 E.1Q Col·
1('8(' Stf('{'\, Enterprise, AI"ham.1 36330, PhOr'l' (205) 347-6447.
•
Rich.1rd Urelb.ul anooun~ th.1t he cng.lgl'(i in th(' praclice of law at lUI3 Third Avt"nue, South, Birmingha m, Alab.1m.1l52l3. His mailing addres~ b P.o. Box 59169, Birmingham. AlAbamA 35259. I'hon(> (205) 251. 27.\6. i~
•
W. C.uscll StCWilrt, re<:t'ntly retired from the U.s. Del)"lrtment of Justice, Tru ~I(O(' in a.lnknJl)tcy. "nnounccs the opcnln~ of hl ~ office at 227-218
U.s.
Frank Nel son Building, Birmingham, Alabilma 35203, ,-..ffL>i;tiV(! March 1, 1969. Phone (205) 328-6845.
•
Kenneth 0. Simon h.1s become an dir('(tOr of Ihe U.S. ~"( uritics and Exc hange Commission's Division of EII(orcclllcnl. I-Il' formerly was .1 br"nch c hief In the Divisicm nf En· forcement, Offices .lre IOC.ll(!d .11 450 51h SIrt'Cl, N.W., W.lshington, D.C. 20549. I'hone (202) 272·2344. a~SIS1tllH
•
leonMd Wertheimer, III , ".C. annOUllces t~e rt"!loc.ltlon of I t ~ OffiCl' to 111 Independence Plazd, Sui te 510, Birminghalll, Alai),un,) 35209. flhu nc (205) 670·9567.
•
Roberl I'. B,uciift, formerly
.1 tru~1
o((iC('r with IImSc'tulh Bank in Birmingham, announces hi ~ appoin tml'nt
il5 an a5~j~tiln' United Stales Allurnt."Y for the North~m Di§tric i of Alaban1.l, civil division, cff('Ctive M.uch I, 1989. Offrc~ , I ~ I()('il ted ~ t Room 200, 1800 Fifth Avenue, NOl1h, Birmingh;lIn, Ala. bam,1 J520J (old fl'(II'«11courthouse). Phone (205) 73 1-17115.
120
Thomas M. Ray, formerly with thc firm of Bhhop, Barry, l'lowe, HllnL'Y & Ryder, San Francisco, C.lllfornia, an· nounce~ that he t... § b<!comL' .1 litig;!lion consultant with Multi·Systems Age ncy, ltd., 175 N. Redwood Drive, Suite 280, San R.;.filel, California 94903. Phone (.115) 492·8894.
•
M. Morl Swaim ,UHIOUntl!~ the opt.'n!ng of his firm. M. Morl Sw,lirn, I'.C" with offices l oc~ ted ot 235 West l .lUI'('I Avenue, Foley, Alabama 3653S. Phone (205) 943·39\l9.
•
Hank Hawki ns hi" clo~ed hi<; Ilri· VJ!t' I)r.lctice of liJW and ilssumed til(> 1)Q$i ti on of director of the Alabam,1 Callital Representiltion Resource Center. I Ie COIn be rea(;ht.cJ at the ~e source Cerltt"!r .It 1'.0 Box 6169, Tuscalom.1, AlalJ.:1m.l 35486. Phol\l' (20S) 348· 9571.
•
Eugene R, Verin arnounet'S the r(!IOC.111011 of his office 10 1813 2nd Avc· nul', N o rth , Bessemer, AIJbama 35020, The nhlilrng addrt'S~ i\ the ~me .1~ the relocation addrt."'<;. PhQll{' (205) 428-1400.
AMONG FIRMS Tomn,)' Vearout .lrlllOUllces the rl.'location of the IJW offices of G. Thomil~ Yearout, P .e. to Su ite 550, New South Feder.,1 Building. 2100 First A\o\:nue, North, Blrmingh.rll1, Ala· bam.l 35203, phone (205) 328·4156, and thilt Aubrey Idf~rSon liollowa¥. Jr., ha~ become a ~soc l.lted wllh tht.! firm .
•
Velgas & Co,,; announces lh,lt Tom Wright, fo rmerly of Reese & Wright,
i~ now associated with the MOntgol'll(:!ry office, located at 671 Soulh Perry Street, Montgonll'ry, Alilbam~ 36104. Phone (205) 832-4500.
•
Whitesell & u.'Wis. P.C• •lnrounces that Calvin M. Whit~ell , Ir., na, become assoclrrted with the firm, Jnd the firm has relOCJlcd Its offlc~ to tht"! Old Scon 5treet Fire 5t<ltiol1, 418 ScOIl StrL>et, Montgomery, AI.1hilll1a 36104. Phone (205) 262-1967.
•
Gobclman & lOve of Jilcko;onvute, Floridil, .u1l1ounc(!~ tha t D.lYid M, Dunl.lp, formerly pr.1C1icin~ with Pittman, Hooks, Marsh, Dutton & Ii olli~ of Birmingham, hll5 Ix'com<> J!o'iOCiilted with the firm .
•
Caban iss. Johnslon , Gardner, Durn;tS & O' Neill 'Innounc(.'5 lhal Sid· ney M. McCr.lddn, 5allluel M. Hill, Willillm H, Pryor, Ir., Anne U. Slone ilnd Vincent 11:. l('tIlllW haw bt'Coml' associ.1tes of the firm. Birmingham 0(fi("e'; .lie located .11 1900 Firiit NiItion,11-50uthern Niltur,ll Bulldin& Birmingham, Alilbilmil 35203. l'hone (205) 252-8800. Mobile offl(~ Me I~ cal(.'d ilt 700 Am50uth CentN, Mobile, AI,lb,lma 36602. Phone (205) 433· 6961.
•
Cassidy & Assoc1i1tt"!S, Inc. an· Ihrrt Roberl K. D,lwson, formerly iw'oci,lte d irector for niltural resources, energy ilnd ~cienc('. offlte of mJnag(.'fTlent and budgct, cxeculiV(' office of Ihe pre~ident, hih joined Ihe noun ce~
(lrm a~ vicE!--presidl."nt for milnagement, with officc\ .11 MetrO'Xlliian
SqU.1rC, Suitt"! 1100, 655 15th StrL'Ct, N.W., Washington, D.C. 20005. Phone (202) 147·0773,
•
MdY 1989
Nettles, 8.-rker, Ja'Rocky & COI)eland ,lnnounces that Bert S. Nettles ha~ withdr,lwn ((om the firm, .1I1d the firm rl.lme h.l~ ~n changed 10 8Mk· cr, lanecky "COI)Clalld. The firm also Jnnounce~ :h", Judson W. Wells has become an .1Ssociale with Ihe film, .lnd lynn Etherld8e H,lre Is Ihe firm's BirminlltlolfTl office ((!Sidenl "IIOrtll.'y. BirmlnghiHr offices .ue loc.lIed al Suite 200, 2001 P,lrk PI.H.e T~r, Blrmingh,'fl1, Alabama 35203. Pholll! (20S) 252-4441. Mobile offices.lre 10CJIed .11 3300 FI~I National 8Jnk Building, P.O. Bo~ 2967, Mobile, Ala· bama 36652. PhOl\e (205) 412·8786.
•
Sp.lin, Gillon, T,lle, Grooms & 81an announces thai Bert S. NcUlt.-s (fo'11I/!rIy a mcmlx>r of lhe Mobile 8M) ha~ joined Ihe firm JS .1 pJrtnel, and Ihe firm's 1I.}n~ h.l~ ch.lnged to Sp.1in, Gil· lon, Crooms, 81.1n & Neules. The firm also j)nnounCe~ thaI Thom.lS M. Eden, III, has been ildllll1t('d into p,lrtni'rshil), and that Mark T. W"&s0ner .me! Gary C. SmiTh have become as!>OCi.lted with the firm. Offices arc loc.lIed in The Zino:,zer Building. 2117 Second A\('!1Lw, North, Biuninghilnl, Alabama 35201 Pholle (205) 328-'1100.
•
DouglJS I. friedman, P.C. announces that Russelle l . Hubb.ud h.u become assodatcd wilh Ill(' firm Jt Suite 535, 200M Sourhbridl\C PMk· Wily, Bi rminghalll, AI"biliTIa 35209. .,hon(' (20S} 879·3033.
•
The firm of MilrkOW, W,lIkcr, Rl't.'VC!O &- AnderS(ln lIInounces that Mlch.lel T. Estep 'lild Ric hJrd C. Coker IMV(' bccomc P;U1nCr<i of Ihc fl llll, ill\d Tommie S. Cardin hilS become associated wUh the firm. Office'; Me located at 805 5. Whealley, Suite 475, Ridgeland, Ml~~ISSippi, .mel Ihe mailinll address i~ f~. Box 13669, Jild.son, Missi~sil>l}i 39236·3669. Phont' (601) 956-8500.
•
Andre' M. Toffel announc("; Ih'll WJde S. Andenon i~ an il~5OCIJte wi th the firm .l!ld .110;0 th~ Qjll'ning of offices a! 80<1 Brown Marx Tower, Birm-
TIH! Alaham" I ,lII-'yer
ingh,11ll, Alabama 35203. Phone (205) 252-7115.
l)Coon of the [~t.lt(· ,lnd Gift 1'KCom· mittee, Ta~ Section, of The '=Ioricla Bilr.
lohn W. Cooper .lnd Terry C. Hutcheson of Cooper & Hutcheson annOUIll_e the remOVil I of their office~ from V,lllL,), l-fC,ld, AI,lhrrm,l, to 20<1 Alilb\tma Avenue, South, fort Payne, AI,lb,lm .. 35967, Phone (205) 6JS· 6201.
The Mobile firm of Johnstone, Adams, Bailey, Gordon & Harris an· 1I0Ul\t;'-~ th,,' Robin Bligh,lm Thetford hns bc<comc " nll'mb{'r of thl' firm. john<;tolle Adam~ .llsa announced thill David R. Pt.'Cler has become a~· soci.lled with the flllll. He ~rvt.·d a~ tillY derk for the lIon. Robtort i V,lnce ilild for the lion. Alex 1: HO'NMd, Jr.
•
•
W.llker, Hill, Ad ~ II\S, Umbac h & Mcrrdows of Opelik,1 Jnd Auburn, AlabJlIla, annOuncc~ that will 0, W.llton, III, has becoml' a mcmbcrof the firm, effectiw )allu.lTY I, 1989. Of· ficc~ Me located at Ihl' Walker Buile!mg, 205 South 91h SUCCI, P.o. Box 2069, Opellk(l, Alabama 36803-2069. Phone (205) 745·6466 in OpcUkJ, 82 1·2600 III Auburn.
•
Harry P. I£lIIg announce< thm lohn W. Norton has jOlllL-d him in !he prac· tiel' of lilW, Jnd also announces ,ht' formation of thc firm tonK & Norton, wilh office!. located at 2E lyric SquoU"c, 1300 Noble Str~t, Anniston, Alabam" )6201. Phone (205) 237·3266.
•
I. Randl\.! McKinney alld Tinl W. fleming annount;c tilt' formJlion of their parmership to he known <IS McKinney & fleming. Office!. arc locall'd .1t P.o. Box 2757, 1574 Gulf Shores P.ukw;ty, Gulf Shot"(";, Alab'lrll.\ 36542. Phonl' (205) 968-4444.
•
1..1nier, Ford, Shaver & Paync, P,C. announCb the relocation ot itS offices to 200~1 Cowl $quiHe, Suite 5000, Huntsville, Alab,lnl.1 3580 1. Phone (20S} 535·1100. The firm al so ,Ill' nounc("i that Rennit S. Mood y bee,lme" partner in the firm Jil,luary 1, 1989, ,md thilt Jeffrey M. BI.,nkenship bcc.llnt> associawd .... ith the firm Novcml)('r 1, 1966.
•
The firm of Shad:leford, f.mior, t"Jlings & EvarK, P.A.• ,lIlnounces thaI WiIIi.1I11 R. l..lne, Ir" h.l~ txocome ,1 ~lwdlOldcr of thc firm. locdK.ocI al 501 EdSt Ki!nnooy Boulev.ml, Suite 1400, T.1mpLI, Flurida ]3601. Hc is vice ch<llr-
•
•
Cary F. Smith, ).M. Boozer, H, Wayne love and Granl A. P.uis ,111nounce th~ formation of IXll"'nershlp in the name of Smith, 8oozer, love & PMis. Offlces.ue 1(X:atcd at th{' Third Floor, AmSouth 8Mi. Building. Anni!.o ton, Alabama. Phone (20S) 237-6080.
•
8roclIJWSId & Abbott announces thlll AmirL'W DOllins is aSSOCiated with the firm, with offlccs located;l' 2304 Memorial P.lrkw.ly, South, HUl1Isvlllc, AlabJnla 35801. Phone (20S) 534. 4571.
•
Cordon, Silberm;ln, Wiggins & Child5 will be nlOVl1l8to <I.ld oecupy· inK two floor; of the SouthTrult ToY.'t.!r in BirminghJI11, AlaballlJ, on April 21. 1989, ,md Terrill W. Sanders wa~ /('ccnlly appointt..ocI a~ KenefJl administfJtor (or Jcffersun Count y Probilte Court.
•
Bolt, lsam, Jackson & Ba ik,)" P.C. announcC'i that Stcllhcn K. \-\UIISlein h.l~ Joined the (jrm as an assod.rtt'. omcc~ Me loct1tcd at 822 leIghton AIICnue, P.e. Bo~ 2066, Anniston, AI,'l· bam;) 36202. Phon(,! (20S) 237·46<11.
•
Jerry D. Baker ,lIld Dwight M. lell, Ir., .1nnOUIlCe Ih(> forrnilhon of iI profe~~ion<ll corporation under Ihe nilm(' of Saller & lell, P.C. The l-twllwHle office I~ located at 102 West Clinton AIICnue, Suite 200, I fUlllSvilie. AlabJl11,l 35801. Phone (205) 533-7176. The Dccatur office is .1t 402 Gordon Drive, 5.W., DCt.ltur, Alabanla 35601. Phone (205) 351·1J03.
•
121
M.trk C. Wllft , formerly a ~soclah:'(1 with Brown. 1'l ud8(ln ~, Rith.ud~ll, P.c., of Mobile. Alab.lma, .lnd Elb:,1belh H. Sh,lw, formerly ICII,II clerk for ludg{' Ilr.l ~toll l. Kittrell. Ir.• of Mobile. Alab.lma. ,Ulnouncc the
formatioll or a p.lrtne~hlp for thc praCtiCe of 10M'. Qfflcc\ arc loe.lted al
63 South RO'{.II S tr~t , Suilc <107. P.O. BOil 2726, Mobile. Alabam.l 36652. phone (205) <131-0100.
•
Polson & Robbins announce~ IhJI G. Douglas k>~ h.lS l)C(olll(' a ml'm-
ber of the firm, and the name of Ihe firm has chJllged 10 Polson, jones & Robbins,,, Profession,,1 Corpor"lion. Qffic('S ;uc loc.llL'ti ill 2001 Pi\rk f'I,lce Tower, SUIte 1005, B rmll,sham. AI.lbamil 35203. Phone (205) 252·1388.
•
The firm of Prince, M ~Guire & Coogler announces Ihal Richard M. Nolen ,lrld jon M. Turner, Jr., have been made p.ulncts of the firm , wilh offices at 2501 Sixth Streel. TUSC.1looSJ. AI;lbanM 35401. Phone (205) 345-tI05.
NOW YOU CAN HAVE IMMEDIATE ACCESS TO
LEGAL INVESTIGATORS THROUGHOUTTHE UNITED STATES
BIRMINGHAM ' DOTHAN
942-7552 793-1288
' HUNTSVILLE
539-7761
' MOBILE
343-3310
' MONTGOMERY
834-7300
"MEMBER N.A.LI. The National Association of Legal lnveslig8/ors
QUAUTY PROFESSIONAL SERVICE
•
Paul M. Harden allJlOunces 'hat Anthony J. 81shop hJ~ become asS()clated wilh ,Il{' firm. with offices 10C<lled al 104 Cou rt Square, Suite 3, EvcrllrC('ll, AI,lb.-un,1 36401. Phone (205) 576-4746. •
July 20, 21, 22 Alabama State Bar Annual Meeting
HUNTSVILLE! ATIENTION ATIORNEYS
•
The firm of 8arnt.'S & Radney, P.c. annoonces Ihal K.lthy E. Segler is noN J s~ia'cd with the firm with offices ill 106 North Cenlrill AV(>nuc, I~o. Drawer 877, Alexander City, Alab.mlil 35010. Phone (205) 329-8438.
AffORDABLE TERM LifE INSURANCE fR OM COOK & ASSOCIATES COmpart 'hU' 'Ow non·.moker Innu.l r.". 'Of non. a.e,easlflg gr.cled premium 1111:
.." .."" ."
....LI. ... al.l
'210,000 117.'0 "7 •• 0 202.10 2U .OO 2U .IO ~n . 'o
142.50 ' ' '.00 I ,ISO .OO
1100,000 .n1.00 .u1.00 UI .OO 400.00 4'0.00 700.00 ',OU.OO 1,700.00 3,000.00
U ,~O, OOO
4' 0. 00 '00. 00 . . 0.00 1140.00 110.00 1,040.00 1 .'~0.00
2,710.00 1,040.00
Reflewable ' 0 age 100. F,m.le f.ll1 .ame U malOl 'Ouf years younger. All c:o\<e'.ge provided by comp,flie. raled ~A-t · by A.M. B•• , Co. For. wrl11." Quola,lofl and policy ducrlptl c'" I. nd )'OUf da', of Olr'" arid amouflt o. co.,.rag, dlllr,d to:
COOK & ASSOCIATES 2970 COTTAGE HILL ROAD · SUITE 201 MOBILE, ALABAMA 36606 (2011,""·1737 ... _
,.~
_ -'clod ..,
O(ero'..c_, Ctm,. ~I""'" JOC_", HOI"'. \.I ..
122
May 1989
Suprem e Court of A labama
ORDER WHEREAS, the AI<lbama State Bar Associ;'Jliol1 has recommended the amendmelH of Rule ), AI(lbama Rules of Disciplin;'Jry Enforcement, by the caddition 01 a new section to deal wi th noncompll~nce with the Alabama State Bar Clien t Security Fund Rules, and WHEREAS, the Court has considered Ihat proposal and deems It appropriate to make the re<:ommcndcd amendment, It Is ORDERED ,h.,.1 effectiYC this date Rule 3, Alabama Ru les of Disciplinary Enforcement, be amended by Ihe addition of the following sec· tion: "(h) Suspension for Noncompliance With the Alabnrnil Swte Bar Cllen! Security Fund Rules. "(1) An "lIorne.,. who, being subject to the "ssessment of it fee pursuant to Rule VIII, Alabama State Bar Client Security Fund RulC'l, fuils to PilY the Ilssessed fee by March 31 of a parti cular year, will be deemed to be not In compliance with the Client Security Fund Rules for that ~ar. "(2) As soon as practical after March 31 of (!,Ich '(I!ilr, there shall be furnished 10 the Secretary of the Alabama State S"r a list of those at· torneys .... ho have fal1«1 to IJaY the assessment for the current calendar year, as required by Rul e VIII, Cllc11I SC!l:urlty Fund Rules.
The Alabama Lawyer
" The Sccre!<uy )hall thereul>on forward thi s list of nUornc.'YS to Ihc chairman of the D isciplinary Commission. "The chilirmill1 of the Disciplinary Commission shall then serve, by certified mall, each attorney whose name appeilrS upon the list with an order to sh(Mt cause, within sixty (60) days i.e., within sixty days from the date of the order), why the i\llorney's Ii. cense should not be suspend(.'(i at the expiration of the Shcty (GO) days. Any such allorncy may within the 60 d~ furnish the Disciplinary Commission wi th an aft'idavit (a) Indicating thmthc anorney has In fact paid the assessmen t for the current calendar year or (b) scn lng forth iI valid excuse (Illness or o ther good cause) for failure 10 comply with Ihtl requiremen1. "At If,e expiration of sixty (60) days from the time of the order to sh(Mt cauS!}, the Disciplinary Commission shall enttlr an order susl)(Inding the law license of each at· toroey whose Il.lnlC ill)peal"5 on the list and who hal not, pursuanl to the th ird par.lgraph of this Rule 3(h}{2}, filed an affidavit Ihat Ihe Dlsciplinilry Comm ission con· siders satisfactory. 'J\! any lime within thirty (30) days after the oraer of 5usl>cnsion, an attorney may file with the Dis-
cip linary Commi ssior\ an affldilvit Indicating th;11 the allorncy has paid the assessment for the curren t year; and, If the Discipli'lary Commission finds the affidavit s.ltlsfac· lOry, it shall as SOOn as practicable enter an ord er rclnst:rtlng the til· torney. ':-\I any lime beyond thirty (301 days from the order of sospenSlon, an attorney seeking rei nstat('mcm may file with the Disciplinary Board an amdavlt tlke that described in the preceding paragraph, bl)t an attornt.>y filing such an af· fidavit must file with that aft'idavit a pelition for reinstatement (see Rule 19, AI"bama Rules of Disciplinary Enforcement). "An Ilttorney may appeal to the Disciplinary Board (rOm an order of suspension or an order denying reinstatement entered by the Disciplinilry COrllr'llI Ssion. ,Additional. Iy, (lny affected nttorney may ill>peal any Betlon of the Disc;lplinary Board to Ihe Supreme COUft In ac· cordam:e with the procedure SCI out In Rule 8(d) o( Ih~ rules. "( Added effective February 28, 1989.)" DONE and ORDEReo this 28th day of Februnry 1989. Ilorn~, C j " and Maddox, Almon, Shor(!s, Houston, Steagall, and Ken· nedy, II., concur, •
Young Lawyers' Section resently, there arc four :lCllve young lawyer "fnllales In Ala·
P
bama which are recognized by
Ihc American Bar Association. The name of each a((iliate and ils I)resi.
dent
Me
IISied below:
Birmingham Bar AssociationYoung Lawyers' Section 109 North 20th Street, 2nd Floor
Birmlilgham, AI<1bama 35203 Phone 25 1·8006 Pres.-Stephen W. Shaw, phone 322·0457 940 First Alabama Bank Building Birmingham, Alabama )5203
Mobile Bar ASSQ(lation- Young
lawyers' Section
P.O. Box 2005
Support (or the AI Olbama 5t.lte Bar YLS, the affiliates of'er it more local· ized service to the young lawyers and the public in their community. For example, the Birmingham YLS recently 5efI t me in'orm<ltio n concern· ing Ihe aCti vities of thdr members. Birmingham YLS su ~ por t5 Fire
House Mission The plight 0' Birmingh;ml'S homeless has prompted ihc Birmingham Bar Young Lawyers' Section to a~s l st the downtown Firehouse Mission . The mission provicks food and shelter for 60 of Birmingham's homeless men . O n Tuesday nightS volunteers from the YLS of the Birmingham Bar Association prepare and serve meats
N . C unter Gu y, Jr. YlS President for the mission's residents. The sec· tion also has started it scholarship enabling deserving men to complete high school or gCl vocational training. The YLS contributed 1500 to this fund, and after eoverilge In ),,"uary
Mobile, Alabama 36652 Phone 4]3.9790 Pres.-Donald C. PMtrldgc, I)hone
342·4762 P.O. Bo~ 16564 Mobile, Alabam<J 36616
Montgomery County Bar Associmion - Voung lawyers' Section P.O. BOle 10402 MontgomClY, Alabilma 36102 I'res .- laur~
A. Calloway, phOflc
262· 1600 1'.0. Box 1<102 Montgomery, Alabama 36 102
.
.',,. ~'
,
West Central Alabama - Young Lawyers' Section do Pres.-G. Warren Laird, Jr. P.O. Box 1493 Jasper, Alabama l5502 Phone 221 ·439l For many of you who are not In· volved In young lawyers' activities, I encourage you to join one of thL'S!! association s. in addition to being a vital
124
Mitch Damsky, left. and 80b McKenzie, partieipallts In the /ilnUJrY '89 Firehouse Mission Progr.".rI
May 1989
from Birmingham's ChllnrlCI 13 News, Cumberland group and a group from Ann b lon called the mission ell· pressing interest In contributing to Ihe scholarship fund . In addilion, a Blrm· Ingham a1t/Jrnuy contribUIW $500 toward Ih(J scholarship fund . On March 23, Ihe secllol1 hcld a plltty at The Pla1.a "nd ask~ ellch l1lWycr anend· Ing to donate a toothbru sh, razor, shaving creilm or a can of deodorant for admltlance. The collecled articles then were donilled to The Firehouse Mission. II
Olher ac tivities The section illsa will be offering frt.'e one-hour seminars specifically gc,ln.'d 10 financial issues concerning women. The fil~1 seminllf w.. s held March 3 ill noon at Ri~s & rcterson and fc;nurcd guesl speaker Wi.f.IllC Luck ffOln Finan· cial PIMlnlng and Review. Luck spoke on financial and retirement planning and Insuri\llce needs 01 women. In April, the YLS hoslt.>d II seminar en-
Avis
rai ses ril les
Effective March 1, 1989, Avis Rent·a· Car Syslem increased its rales. as fOIllM'S: Cal grOUI): A I:l C D E Local dally rales: $36 i39 i41 i43 i4S Local dally rJt1!'i Include 100 free miles per tillY. EJCcess miles will be charged at iJO per mile. There will be an additional $6 per day charge 10 Ihese ralcs ill BostOn, DalillS, DetrOil, I lartford, HOuSton, Philadelphia, Pltbburgh, W.l shlnSton, D.C. and area airports, and Ala ska. All addlttonal $10 per day charge will apl)ly at Manhal1an area airports, and New York arca metropolitan localions, There will be an addl. tional $11 per day charge at Ch icago. These rates ilre not ilViJililble ill l\IGuar· dia, 1Ft( and Newark airports and Man· ha\t.1n !OCJt!Ont during weekends and specified holiday perlod~. All other rilles, discounts and benefits remllin in full effect.
Thc Alabama lawyet
tilled "Credit Pitflllls to Avoid" lind "'!bur Rights Whtm Ordering by Mall .~ A finlll seminar will' be held In MIIY and focus on 1'JX PIJnning for Women :' The officers in 1989 for thc YlS arc SCOl1 Boudreaux- prcsldent; LaBella S. Alvis- presidcllI.c!cc t; Greg BUlgc - vicc·presidl.!nt; Pew Bolvig-S(!(:. rctJry; Tricla Dodson-trcilsurer; Billy B;lIes- assist.1r1t tlCIISurcr. The 1989 Executive BOdrd c:onsisls of Robert Baugh, Virginia Carruthers, Turner William s, Stan Blanton, Fred McCal· lum, Chris King. Tm Donahue, ):uncs Bra(!(ord, Spin Spires, Da vid Proctor, Walter ScOIl, Mi'ch Damsky, John " 'erndon and MiIf(!" Sydnor, Thc Birmingham YLS plans 10 hoSi their annual diM!"!r party wilh ;1 buf· fet and music on May S III Mickey and Mike Turner's home, and their annu,ll Distrid Court Scm nar In Oclober. For the Ihird time, the organization will host iI charity funer.liser In the f.lll for the Alawma Counsel on Epilepsy.
Last year, the groUI) raised $6,000. The fundraiser will feature Ihe popu· Jar "Soul Practitioners, " an all·at· torney band. Also In October, Ihe YlS will work In conjunction wllh the Birmingham Legal Sccrcta!)"s Assocla· tl on to host an annual mock trial for high school studen ts. If there are young lawyers in other arcas of Alabama I nter~ted In developing projecls or becoming a recognized afflllatc, plcase call me or one of the prcsldcnts of Ihe four af· (iliates mentioned. Fronl the activities of the Birmingham group, Ihe oppor· tunities Me plentiful to provide ser· vlees to the IJublic OItlittle or no cost. Also, II quire often can be an enjoyable social eXI)()rience a5 w(lil. we h.lYC Information On m,lny other projects which could be Implemcnted I)y a group of young I"wyers as a public service project in your areil. Questions. comments and IdcilSll1"C alwayS ......:>Icomed, and I look forward to hear· ing from you. •
REMINGTON Private PI Kem~ t s leverOised Buyouts T erm Debt Flnilnclng
Project Anal )'ill A cquisition Financing Debt Restructure Lana
Buslnt'Ss V..hut lon5
E. Seller.
G. Ruffner
Page. Jr,
The Remington Fund, In(. Ventu~ Capital
Na tional Bank d Co mmerce Bu ilding Alobamo l5202/ Telephone (205) 324..n09
Po~1 Offke IJOJ( X)6l!6 / Uirml ngham,
125
Modest Proposals for Preventing the Problems of law Office Management from Being a Burden to lawyers or Their Firms by W, Inse Hill,
Jr,
(with apologies 10 Jonathan Swift·)
The modern prllctilioner Is confronted with innumerable problems of law office management and cndless solicitations for
products (Irld systems Ildverti sed ilS the ultimate solutions for even thc most difficult of these problems. 1\ is no wonder that the Jvcrage lawyer today ((!els be-
sieged, beleaguered and bt!wildered. But a few of the more progressive firms are mq>erlmcnllng with new and ingcniol,l5 tlpproach£!s to old problems, and the benefit of their experiences can bener enable other firms 10 meet the challen!!e5 of the future. This ,,"iele reviews $Orne of the lalest Trends in I""", o((lce manage-
ment, and Ihcn suggests a (,,"VII modest prol>osais (or \hreeof Ihe most prevalent problems confronting the modem law
fi rm : COSt rccO'ICry, distribution of voting right s and compensation.
Cost recovery The increasingly competitive nature of a legal practice and rising ~rhe:.d COliIS make It imperative for the modern firm to charge its clients for as many oul-of·
pockell.'XIli!nses as possible, Recent ad· vances In computer !et hnology have enabled firm s 10 ~r more of Ihese costs Ihon ever before. For e~amplc, most progressive firms now attach COnll)uter ter· minals to facUlties such as copyh\g machines, law reference compu ters and other equipment, Prior to using Ihe equipment, it is necessary to typc in a client and mailer number, and Ihe com· I)ut!!r will automatically chiuge the cos t to the appropria te account. No system is foolproof, though, and '\"Iany charges are lost due to erro rs In typ ng the client and matter number or the use of generic numbers. Although not commonly known, a few of the more InnOV<ltive firms have found Ihilt thf!V can l)rogram the compu ter to admln stcr a sm<lti electric shock whenever an erroneous number or generic number is tYI>c<1inlo the system. To discouragc frequc!'l t abusers, the liyslcm can be programmed to Increase the intensity of the shock wi th cach successive error. !oJtcr one or two r,mdom electrOCutions, most firms using
this system find thatlhcy enjoy 100 per· ccnt coml>llance. A similar system can be 1l\\..lChcd to the telephone for long dista nce calls. When a long distance call is made, the caller simply dials the dienl and mallCr !'lumber along with Ihe telephonc number, and Ihe c,111 is automatically reporled to the computer and charged 10 the appropriilt!} account. This system IS now available with a ri sk/rew.ud fe~ture. Those who prOI:Hlrly use Ihe system clln be rewardl'(l with (I Ulntilii:dng or humorous meSs.1se from one of their favorite celebrities. such as Bo ,"You dialed a perfect 10" Derek, PAtrick ("Come here, I~r00(') Swayze, elin! ("You m~de my day") Eastwood, and Alfred ("Sorry, wrong number" Hi tchcock. The system (lIsa provides ncg:uive reinforcemenl. Recordings of 5f!~n Penn and Don Rickles are avall;"!ble to verbally abuse those who misuse the system I7i dialing bogus client or milller numbers, ilnd (or repeat offenders, the telephone can be programmed to emit ~ shrill siren. MDY 1989
The deafness is limited to one car, and usually Is 01'11)' temporary. Advances In computer technology have greatly ImprCl'JC<l cost recO'lCry systems, and law studenls today should il5pire to Join a modern, efficient and well.managed firm, where they will be expected to produce a client and mattClr number In order to use the copy m.lchine, FAX machine, long distance carrier, owrnlght letter carrier and legal ~earch computer (for the new genera· tion of lawyers who take their law-like everything else-from a television scrccn). Evcn the firm's runner will not run without a dient and mailer number. The possibilities for cost recovery arc limitless, and many firm s are cxperimer\t. 11'18 wi th even more InncwatJve reforms. For example, Ihe following memoran· dum was rt'Cenlly circu lated by the man· agement commhtee of a very prestigious local firm: MEMORANDUM TO: EVI!ryone FROM: TMC DATE: January 12, 1989 RE: New Restroom Procedure "Today we arc changing oor rest· room proct'CIure, and the pr('Vious memorandum on Ihis topic is now in· operatlvc. The new Icstroom procedure sho\.ld be simpler than the previous syslem and Is as follows: a computer terminal will be placed at the el'l1r<1nce of each restroom station, To gain admittance, you should type: 1 + Restroom Still ion Number + (') Client Number (') Matter Number + Itl or 112, as the case may be. "Each sccl'Ct.uy should compile a 'quick list' o( the client and mll11er numbers of fi les for the secretilry and the lawyers i)nd paralegals for w hom !hey work to be kept adjacent to their preferrt-d IllS/room 5101tlon5 for e,lSY access. "In the e\lCllI your visit will not be charged to a dient and matter number or you do 1'101 have the client and mat· ter number twail ..ble to you, an alter· nQlivc to the typln!! procedure noted above is as follows: 1 + Stillion Number + EMERGENCY. If you are unable to type the al>l)fOl)riale number In time, ~u should type after·thefact: 1 + St~t ion Number + ACCI·
The Alabama Lnvyer
DENT. O ur Cl1mputcr wi II promptly disP'ltch a Janitor with a buckel of sand, "The length of the visit, the clien t and matter number and the 51,ltlon from which the visi t was made will be recorded on a computer list, which list must be re<:onciled 1)Cliodically with each visit being charged to either a clienl, the firm Or an Individual, as appropriate. HO'.l'CYCr, please make every effort to use the client and mat· ter numbers when possible. "This new restroom procedure in conjunction with the cost aC;CQunting system is designed to Insure that there is an accurate accounting for each restrOOm visi t ar'ld to eliminate unnecessary restroom ~ishs which are assumed by the firm by default. 'We thank you for your continued sUI>pon." The foregoing iltustrales only a few of the more recent dC\lelopmcnt.s In I"w of· fice COSI re<:<M'!ry. As expenses continue to rise, progressive Ilrms will rt!spond to Ihe challenge by adopting C\lCn male In· novatlvc methods for cost containment and recovery. The future Is bright for those who can reme'l'\bef their client and matter numbers.
Voting rights The distribution of YO!ing lights is another thorny problem facing the mod· em law firm. As the firm continues to grow and lake on new l>artners-' with di· veoo backgrounds and Inter~t s, the problem can become CYen greater. Many firms adhere to the one-man, onC<\lOte princillle, while others allocate votln!! dglllS based Ul>on seniority or other
criteria. But a fair and equllable 'VOting system also should measure haN strongly each film member feels ~boUI each mat· ter brought to iI >,(lte, and the rigid (lnd Inflellble systems now In use fail 10 do
.
,
For this reason, more and more mod·
ern firms are switching to the peppercom
votln8 system. Under this system, each p;lrtner is allocated a specified number of votl'S to be casl during the course of each J><ltlnership year. The number of YOtcs assigned to each partner may be the same, or may be based uj)<)n senior' ity or any other objective criteria. Regard· less of how the allocation of votes is determined, each parttler Is Issued anum· ber of peppercorns equal to his or her number of vo\Cs, Then, whenever an Issue Is pul to a 'VOre, the individual pan· tiers may \IOte hO'NC'lCr nl;Jny pepper_ corns they desire, depending upon how stronBly they feel about the issue. For ex. ample, a partner who feels very Stron!!ly ahout a l>artlcular issue is free to \lOll! all or as many l)Cppercorns as he or she desires, whitl! a pa nnerwho Is neutral may abstain by not \IOting any peppercorns, and thereby So'JV(! Ihe peppercorns for a more Importanl mauel. A partner who Is totally Indiffl!lcnt to office management could sell some or all of his or her peppercorns 10 a mOle aggressive panner, who thereby \'IOuld obl.lin C\lCIl greater YOtln!! l)(M'Cr. Once aU of a partn(!(s peppercorns have been yoted or oth/!rwise disposed of, however, he or she is precluded from YOling OIl any other issues for the remainder of that Ilo1rtnership year, At the end of the partnership yeilr, all of the partners surrender their remaining peppercorns, and Ihe pcJ)J)ercorn s iue then red istributed (or the following year.
W. Inac Hill, Ir" practices 1.1w in Mont·
somcrY, AIJlhlnJ.1, whcro Pfl.'S'lm.lb1y he still is a member Qf the firm 1)( Hill, Hill Carrer, FranlO, Cole & black, P.e.
127
Peppercorns have a long and honored tradllio., In the law; ~ ince fcudal times thcy have been recognized as adc(juole considCrillion 10 SUJ}l>Or1'il lease or other con tract, ,md unquestionably will become even morc v.llued in the fulure. Compensalion II would be an unders talernenllO say th<ll the method of determining compensation of partners Is the most difl'lcult issuc confronting the nlodern law firm. Certainly, there is no Issue which has resulted in more hurt feelings, more Inter. nrm disputes or more brca1wpslhnn that of compensation . In an atlempt to aile\llate Ihese problems, law firms have deviSt.'CI myriads of Ingenious formulas which purport to base compensation on a wide v.lriety of 'obJective' criteria such
as productivity, bill ings, billable time, dient recruitment or ~n l ority, Or some combination of any or all of the foregoing. Frankly, It Is time to admitlhat none of these syslems \YOrk. For Ihis reason, many of the morc inn()VJli\le firm s have switched to the 'money pit' SYS1i~ m of compensation. The system works like this: during the course of Ihe year, each p..lrtner 15 glv<!n Ihe min imum compensation necessary 10 pf(Wide for the bare necessities of life, and all of the firm's excess pronls are invested In an interestbearing account . Atlhc end of the year, whcn thc firm holds ilS annual rClre;l1, aU of Ihe pronts and e~rned Interest arc converted to cash or coins and burloo In a pit . A circle is drawn around the pll, and the partners line up on the outer per-
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lmeter 01 the circle. Each partner Is Issued shO\leI. At Ihe sound of the starling pIMOI, all of the I)<lfln~rs ru sh toward the Pit and retrieve as much of the nrm's I)ro(ils as possible. Each parlner is free to use his or her shovel to dig for profits or as a club to bludgeon the other partnelli. Whoever crawl s oul of the pit with the most money win s. For lilwyers who are not comfOrlable with Ihe money pit syslem In Its pure form, the system can be adjusled 10 account for old-fa shioned criteria such as seniority, productivity (lr (lther fJctors. In Ihc modified syslem, the length ilnd size of the shovel issued 10 each pMncr is adjusted based upon the particular criteria used (i .e., seniority, productivity or whatever). For example. junior p;!rlners or partners on senior stJtus may be Issu('CI a garden spadl;!, ilnd the tOil rJlnmaker may get a steam shCl\o'eI. As it concession to hum.lnitJrian concerns, those who are 100 old and Infin'l'lOO Or whose shovels are 100 small to recO\ll!r any profilS may be i s~ued an 1l1>Pllcatlon forfood stamps. Thl! moncy pit s~tcm substitutes bruises fQr bruised feelings and brokCln bones for broken firm s. No system is perfect, however, ilnd the mOlley pit is so similar 10 many systems now in use that implementation may reqlJire only a few !t,'c hniCill adJustll)cnts. (Coming nC1(1 month: the peppercorn pit \IOllng sylileml il
Conclusion Il ls hol)Cd that these modest propos.lls witl be of St!rvice to the bar. 1..'lW office m<1nagemcnt 15 a 8rl)Y11ng field, with changes occurring daily. To kccl) <1brcasl of current dC\lelopmcnts. ~u may call the law omcc Managemenl HOI Line, 1+ (' J Clicnt Number (I l Matter Number ... (900) LAW TIPS. • 'Sw, ~. Jon.otlWf\ IIb1o'ol1451 . ..... ~ $I P.ukl.\. Oubiln. 1><111..... «1(1.01 i(~'" ond JIIII ~Ic.1 1'-"'- _~ Jo< ~ IdNo wo;h ~ ~ oUOOMI I"IqxKM Jo< "'-n"". rn. CII"""" ~ ""'" ~ loom bftnI •
8"'*" II> "",", , _ , or rile COUIII'I\ lor !11201
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In, bu.1"". Jo< """ ~"" .. The . Ulhot I. _ ItO Ihol _ mIlllrm. dfklo,onl MId _I I ~"'Ifd <..... "l'AOd 10 ~ CUI~ or 'UO(WI!oM, Of II> ~I WII'O'_ or uI PIlI' ~(O<POf.ol"'" .oncI_I.o<...... "10 ~ (0I\'IP0I0fd allMf\IImh'" W<nPOWd d P'O' lftoioNl corpo<oI loo ........ \O (WI ~ 1""'iWm ' he ",I... <ipIoo ~ In Ihl•• 110<:100 owly ..... 11"'. d ,lit Jo<m ~ dol". ~... nd lilt ...c>rd '>IOckhlAA!1" .....,. boi w/). .. ,,1IIIId Jo< . """ ...... .mil II>< 'M)rtl. 'l;orPOlOl H:ln' II< • .....<101100· .....,. be ~U lutfd lor ."hlp" .. ~ lilt (onlo'\! ~ <0 ........ or _ ~ .
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128
Ma y 1989
Interference with Business Relations: the Unified Tort since Gross v. Lowder Realty Dill! to a prlnllns trror,
/I
porrlon o(rh/s ~f/idl!
WdJ
omiucd (rom rhe M/llClr e<lirion, II iJPI}Cilr$
In Irs enrirely In 1111, iuue.
by Andrew P. Campbell
I. Introduc lio n
II. Historica l underpinnings
For almost a cenlury one of the most
faselnming an(l ret difficult areas 0( torI law In Alabama has been that of IntCf' ference with bus ness and conlrilctu,)1 rela/ions. In 1966. the Alabama Supreme Court, in Grou If. Lowder Really. 490 5o.2d 590 (Ala. 1986). rer\dercd the most Important decision In almost a c~n'ury of confusing Jurisprudellce since Ihe court first reco8nized J calise of action for Interference. The court in Gross con· salldaled the pf'CYiousiy sep.l f,lte and dis,inct causes oloctlon of interference with
COnlraC1 and
Inu~rference
with business
to create OJ unified lorl of interferen ce with business or contractual relations. In doing so, the COUll Juempted 10 discard "an OUld1U(..>d and inconsistent body of raw,~ 494 So.2d at S96, all(! crea te cer· ta lmy by Wiling forth specific elemenls necessary to estJbli sh liilbility of a third party for Intenllonal lnl(!rf(!f'Cnce with the business dealln8s or rel ations bcl'I\ICCn I'oYO other Pilrties. Yet, these requlrcmenls Included many of the 5.1me elemenls of the old torts. Accordin81y, the caS<! law Inlor to Gross retilins viability and may be authoritatiYe. While the objcctiYe In Gross may have been to end confusion and Pl'OYide guld. allce, a careful analysis of the new torI'S elements and their application to ~pocific cont(..'X ts ~h()Y.' that great ullcertainly still exists over the pMameters of the torI. Simply I)ut, the court In Cross created ol tht.'Ory of liability which penalizes some aggressive business conduct In J free economy while le8itimizin8 other com· pC!titiYC behavIor without "ny t!Xplanalion of the di((erence. This al1kle will outline the historical antecedents of the unint.'CI tOil, review thc 8cneral prerequlsitc!s for li<lbility established by the Gross court nlld trace their deYClopmentln the last tWO years since Gross. trom thi s analysis, the article will attempt to 1>(0vide some guldanc!;! to the pf\lctitloner
The Alab.1ma Lawyer
In proseculing or defending claims for tortious Interference.
Prior to Gross, tY.O se!IJarate torts exIsted, a \1!ry limited IOrt of Intentional In· terference with ar) C'<isting contract and a much brooder and amorphous 1011 of in· tentional inlerference with business. The tOil of Interference with contrJCl gcneralIy did not exist exccpI where a third P.1rty (1) intentionally or knowinllly Interfered with an exi sting cmploY!lr-employcc relationship or (2) Induced a breach of a le.lsc by coercion or fraud . The underlyIng policy for this strlctllm1tatlon on the tort was found in £f5W'C/I v. Ford, 208 Ala. 101, 9S So. 67 (192 2) wherein the Alabama Supreme (ourt held Ihatthe plaintiff, whose con tract was interfered with, already had Uri availilble remedy In breilch of contract to r(.'Cover his dam. ages. An Iml>ortilnt case illuslratlngthc lort of Interf(!rCn ce whh contract wa s /lJmcs S. Kemper and Co. SOul hcil5t, Ilic. v. (OJ( lind Assoclmes, Inc., 4 34 So.2d 1380 (Ala. 1963). In thm case, the defendant brokef\lge company Induced the emlliar (''e of the 1>lilintiff broker.l8e company to breach his noncompe te agreement wilh his eml>loyer and accept employment wi th the defendant. The defendant also Induced Ihe emplO')eC 10 solicit customers of his former em ployer, another breach of 1,:= erllpl<7r'mcnt i111t(,'ement.
Andrew P. Campod/,
J /Xlrtnef in
The court found tha t the defendant brolc.ef' was liable foI' tOl1ious Interference with contraCt. In direct contrast to this constricted ton, the ton of interference with business enj~ an almost unlimited dcveJo~ ment, applying to a myriad of conlexts. The common law gen!;!sis of the tOft was derived (rom the 19th cen tury I)rlndpl!;! of substantive due process that a person's trade, profession or business W.lS a propert y ri ght protccWd by law from Interfer· ence. The Alabama Supreme Court set forth thi s policy In the case! of Sp;lfks v. McCrary, 47 So. 332, 334 (1908): ~rnhe individual cllll.en, a~ oJ n«essity, ri1u~t be Idl free 10 adopt 5uch nil. Ing. Ilrofts~ion or lrade IS may seem to him m~1 conduciYll 10 Ihat end. Without this rlglll, he cannOt be a free man. This rlllht to chorn.eone's c~llinll Is an essentl"II),'!" oftlla! IIOOny which Is the object of goYelllment to I)rotecl: ilnd it calling. when chostn, I~ a man's 1,r()pe"Y ~nd rillht. In nece<i$My oonsequence. an unliJWful irMlslon of or tnterieteoce wllh the purstit 01 ~s 01 one's trade, pl'Oieulon or business Is a wl'OOS f(x which an action Ires. He Ihal hlndel'$ .mother tn h s trade or a livelihood 1$ liable 10 ~n Klion for ~ hinderinll him ... . H
Th is common I;JW rl8ht Is InCO'l)Oralt>d into article one, section 13 of the Alabama Constitution, which IHov)des that "every person for any In jury done him In hi s lands, goods, person or repu tation should have remedy by due process of law:' See Evans v. Swaim, 245 Ala. 641, 18 So.2d 400 (1944). A stalutory basis is also Ala. Code §6-S·260 (1975) which provides a remedy fOf "unlawful deprivation of or Interference with" one's personality. In at least one case, Mlms v. Cit!zens Bank of Prattyille, 372 Sc.2d 311 (Ala. 19791, the Alabama SUI)reme Court
liIe
B"mmsham fir'" of /.(:l III1<1n . SicSJI, P,lYfl(.' & CJmpbell, P.C., I) a ",a(fUMe 01 8rrmm8holm Southern Col/egt! and the Un/verSIIY of Alab..Jm" School 01 lAw where lie \Y,H a member of Orckr of the Coif aml l ile AI~bilm.l 1..11'1 Rcvlew. lie i$ ch,'irperlOn oi lhc 8u$inCS5 ·T0f/5 Md Anti/rust Sl'<: /ion of the Af,li),:lmll Swe 8,lr .lnd iI member o( the /)0.1(/ 0/ e(/i1o~ of The Ai.lb.lma LawYN.
129
applied This STaTute as a bdsis for inter· ference with bu~inl."SS, holding that a bdnk's unlawful reposSMsion of plaintiffs truck tortiously Interfered with his log. glng business. Prior TOGross, only IWO clemen ts .......ere required fQr a pl"intiff to esmbllsh a IXlma fa cie case of interference with business and shift the burtlen to the defen· dan! . First, thc plainTiff was required to show an Intentional act of afOrmal iYEl in· terference and some consequential harm to the plain!iff's business. E.g.. Purcell Coltl/)ilny; Inc. v. SprisS Enterprises, Inc. , 431 So.2d 515 (Ala. 1983); Ev,1ns v. Swaim, 245 Ala 641 , 16 So.2d 400 (1944). The unlimited scope allhe tol1 was found In its protection al all f,u;:ets 01 the 1)1:lInllff5 trade, profession and busIness and not slm l)ly Its relatiOns with third pmlies. Thus, any dlrcctlnterferena! with the busines$ created a basis for a prima facie claim. Once a prima fade case was established, the burden of proof shifted to the defendMt 10 proo.'C jU5l10c<'llion or pr~ prlety fot Its interference. Early A'abama cases indicated tn.11 the burden of proof was on the plain tiff to show the Interfer· ence was wrongful, improper or unjustified: e.g. SDilrks v. McCt.ltY, supr,l. The principle gradually developed, h(M'CVer, that justificatioo is an afflrmatiYEl ckofcnse to be plead and prOYed by the defendant. Po/YICC, Inc. v. Urah room ProdUCIS, Inc., 439 So.2d 683, 669 (Ala. 1983). As Judge Wisdom held In Thompson v. Al/sUlle In. surance Co., 476 F.2d 746, 748 (S tn Cir. 1973), a seminal Sth Circuit case Inter· preting the tol1: "JU$llIIcation for Interlerence in anOlhllr's businc:S5 is an affirmatiYe defensc and I, no \Xl" of the plalntiWs caSCo It I, enough to allege lind !)rove The conduct in criect leaving the defen. danT to lustily. jf he can." What constituted justification prior to Gron was nCYer fuUy defined. The su~ jeaiyc naMe of this stimdard of propI'iety when applied to competitive acts created Immense problems for defendants, par· ticulflrly sinCe th e SUI)f'Cme court had held that justification waS a (IUeslion of (act to be determined by the jury. Gen· erally, In its cases, the court distinguished inddentoll harm to the plaintiff's business resulting from the natural workings of competition, which wcre permissible,
130
from affirmatiYEl intC!ntlonal aCIS taken out of a motll,'(! to inlure the plaintiff's business, which were tOl1iou$. For ex.lmple, the eool1s held that legiti. m<lte competition for customers or con· tm ets wi th the resu lting efft.'(t of putting tl competitor Out of business was held 10 be suffident justification under Alabama law. Beasley·Benne" Electric Comp.1ny. Inc. If. Gulf CoaS! Chapler. 273 Ala. 32, 33, 134 5o.2d 427 (1961); Criese-TfiJy/or Corp. II. First Nationa/8ank of 8irming. hlJm, 572 F.2d 10391S1h Cir. 1978). AI the same time, the Alabama courtS r~og· nized tha t an otherwise legitimate Justl. nable act of intl.'rference was tortious If it w.n nlotiv.. ted by nulice or III will t~ ward the plalnliff. In such cases, Ihe prillilege WolS lost and the defendant could be held liable. E.g., Byars v. BapI/SI Medical Centers, Inc., 361 5o.2d 350, 3S6 (Ala. 1978); ST. LotIIS·S.F. Rill/way v. \¥.Ide, 607 F.2d 12&, 133 (Sth Cif. 1979). In Byart Ihe defC!ndllrt hospit.. 1 refused 10 allt).Y Ihe plaintiff, a nurse formerly employed by the defendant, on tne hospll .. 1premiSes to work as a private nurse for pallents. The hospital claimed as ils justlncatlon she WilSphysically unable to perform her duties. The plillnllff claiml..od tnal this actu.,) interference was moti· '-"'ted by an earlier $20,000 personal In· jury judgment which she had oblained against the hospital In a slip .. r\<! fall case. The supreme coul1 neld that while the nOSI)it.. 1prcsumably hJd a right to deter· mine whilf nurses could tfeal patients, this privilege W3S IOSllf its motillC was m.. liclous. 361 So.2d at 355-356. likewise, In SI. Louls·S.F. Railway Company, the defendant's physical blocking of its prOperty which interrupted plaintiff's rou te of access to liSquarry was deemed a jury Question on the Issue of justltk a. tion, notwith st<lnding the fact thlll defen· dant was using its own prol>crty. Tnis analySiSOf reviewing motiYEl and Inlent to determillC juscificatlon seeming· Iy made little sense as legitimate com· l>Ctition In a free economy Is rarely motlv.lted simply by a laudatory intent. The p.1radoK ,.. ised by the supreme court's decisions wa s how )cghlm(l\e business behavior, CYen If motillatcd by a desire tl) put a person out of business, could be rendered iIIeg<Il by Impure motives. As of the time 01 GrosS, tt-e nccd for an DbjeclillC standard castind II bright Une between legitimate and II legitimatc busi·
ness conduct was simply absenl from the supreme court's de<:ision;. What was clear, hOYlellCr, was thai it was ycry easy for thc plaintiff to reach the jury simply by sht).Ylng a prima facie case of inler· ference with busIness and resulting economic hMm. By the tlnle C~s was decided, the distinction between Interference with busi· ness and interference with contraci had bt..-come meaningless. Plaintiffs were pleading whill actualJy were claim s for interferen ce with controlcl as claims for Interference with businl."SS because of Its broader rc..ch and Ihe case of proof. See e.g. Mllrlon V. I-/a/l, 429 So.2d 937 (Ata. 1983). As a result, the court. as noted by Chief Justice TOrOOrl in his concurren c~ and dissent In Gross, fC(ognb.oo the need for unification of the two torts: "Unlncmlon of tho two !Orb Is air pmprinle because a corllrackral rclmlon Is hut a species of huslness relaTions In general. It makes linle seme ro have a ~ry libcrdl COlli§(! 01 action with ft'8iIrd to an Interf.!retlCe with a rtl:rtlytly Informal huslness relation yeI have a vetY r...'Strictrl'(! caUSE' of action with regard TO Interference wiTh a mol(! formal retation. Therefore. it $CCml rei~nable to hnvc .. slnille tort that dCDI$ wllh In. tcrfcrt!flctl wlrh all buslnc!& relations. 494 5o.2d 598 111. The unified tort and its elements In Gross, the Supreme Coon's approach was one of compromise. The mao jority expanded the tOI1 of Interference with contr,1C1, incorporatlnll many of the elements of interferl.'nce with business and, at the same time, restrictinglhe Pf'f!IIlously broad tort of Interfmence of busIness. The COurt held that the elements which must be shown 10 ,cc~r on a theory of inlerference are as follows: (l ) the existence of a contr.lct or busl· ness relation; (2) defendant's knowledse of the con· tra ct or business rela tion; (3) Intention.. 1interference by the defel)(/'lnl wi th The con tract or business relation; (4) absence of justJncatlon for 'he defendant'S Interference; and 15) damage to the plaintiff as a result of th e Interference. The first requirement of an existing relationshi l) is \/Cry significant. While not rocognllcd by the bar as a radical change at the time of CreSt thi s fCQ"lrcmenl ac· tually mi'ly represent a substantl .. 1 nar· rowing of thc tort. As noted above, The
May 1989
pre-GIOss dl2Cisions based 00 substanti...e due process procected from inwference a person or entity's right to engage in a profession or business, Including pros. 1X!(livc or potential relation s and not simply existing contracts or relations with third partil!S. For example, In Carrer v. Knapp Motor eO., 243 Ala. 600, II So.2d 383 0943), a defendant's painting and ec· hibit of a white elepham on a ...ehicle sold by plaintiff's automobile deale~hip dlrL"Ctly across irom the deillership lot wa s d~nwd an actiollable Interference with the cump,my's right 10 do business. The court 11'1 GroSS S<!'!mingly narf'OW(!(j thi s (ocus from the broad property right to engage In business to the right to uninterrupted relationships with third parti6, The result of thi s restricted (ocus was shown in Odom Y. /oN(ler Realty. 495 Sc.2d 23 (Aln. 1986). a decision handed down one month lifter Gross. In Odom. the SUI)reme court strictly conStrued the rt.'qulrcntent ri II "eclsling conlr.x:t or bvs. iness relationship which is the subject 01 the alleged interfercnce.N The court in Oc/Qm affirmed a direclCd -.erdict where the plain tiff ill)p(!.lrf..'ll to show thlrd.party Interference wi th it ~ business interests, but could not show an eKISling relationship whi ch wa s the subject of the inter· (erence. In Odam, Lowder Realty purchased Odom's business and as a pan thereof adOnt agreed to obtain a oneyear lease of plemlscs owned by the (MIner, M(lUhew;, and 10 sublease the premises (or that one year to Lowder. l./::Moder Intendl..'c;! i1t the conclusion of the one year 10 directly lease the premiscs from the owner. I-tOWt!Ver, Odom, with· out the knowledge of Lowder, obtained an agreement \\>ith the owner thaI he would not lease the premises 10 Lowder but would Instead lease Ihe premises ag;!in directly to adorn , Lowder contendl.'ll thillthis constituted an alleged In. terference with its business, The trial court granted a directed verdiCl in f3\Or of Ihe defendant Odom on thi s claim. On the al}J>eal. instead of holding that Odom's conduct was permissible coml>Ctition and, hence, Justified, Ihe COurl heJd thilt th l(lck o( iI (orn1;11 business rCl11110nship between lovv'der and the ()Y.'ncr, Mallhews, was filtal to the claim as a mallCr of law. The fact that Lowder was the sublessee of property (PNned by Matthews appJreI'ItJy was not su fficient . The court held as follows:
The Alabama L~wycr
~ are clIne opir¥on that Lowder has faIled 10 PfUo'idc aoy evidence 01 an existing contract or bvsiness relation with Manhews in Ihls case. Without proof of Ihls encntilll elem(.'nt of the C~uSCl of action lor Inlentlonal In· lerfureoce with COn\r,lctu .. 1 or huslnllSs relations. the dlre(1l'd ...erdlct against lOwder on this claim Is warranted.~
Id at 2S. Given Ihe strict interpretation 01 this reQuirement by the coun In Lowder, II Is OPI!1l to question as 10 whether a more generalized interference wi th one's busInes~ interests or with informal or prospective busin~s rel ation shil)S (SCf' Hen. ncs5C'y Y. NCAA, 563 F.2d 1136 [5 th Cir, 19771), Is aCliooable under Alabilmalaw. If the requlrcmtmt is lead literally, it clear· Iy appears Ihat comluc! which Is con· strued as in terference with one's busi· ness, but not wilh an cs tabllshcd relation·
ship with a third party, m~ be elCduded from liability. If so, thi s 'M)Old be ;I substantllli departure from prior decisions and their underlying con§litu!ional basis creating a broader properly right. As to th~ second <lnd third elemen ts of knowing and InlentiQnall'lterierence, the Cross court apparently ret.lined these prcrcqulslles from the old cause of ac· tion of interference with business. This wa s apP<lrent in the recent dl.'Cision of
Bear Creek Enterprises. Inc.
If.
Warrior &-
Culf Na ..... 529 So.2d 959 (Ala. 1988). In that caS(!, the COll ft f(:.'<I((jrmed prior law
(e,g., Ala. Fbwcr Co.
Y.
Thompson, 278
Ala. 367, 176 Sc.2d 525 [196511 thai a third party's rd"usal 10 deal that disrul)ls the plaintiffs business relation, as o~ I~ to an acti~ Interference. is not (1(. tionl1blc. In reaching this result, the court (c;ontinued on page 141)
LOSING YOUR TITLE BE SO Leaving your home isn't eallY. But if you lost your title, that's exactly w hflt you'd have to do. A title must be defended when challenged. With Mississippi Val ley Tille Insumnce protecting against any challenge ~ to your ownership of property. you won't lose your title. ,f.': or have to leave your home! MIs.isslppl Vall., TItt.
SIal, Offial 324 North 21s1 SI.I/Jimrillghflm. AI. 35203 1M F",· I/l]OOI843·J688/11:/t!tu ·II326.0919/A MimltlQln Tifl, c,m(ltllrY
131
Honor Roll of Attorneys
Participating in IOlTA (as of March 31, 1989)
The Alabama Law Foundation, Inc. ;In' nounces that the foliCM'i ng attorneys and
law firms ha\IC been added to those participati ng In the IOLTA I)rogram. The found.uion thanks those l)I]rt/clp..1llng for their suppor!.
BALDWI N Ball , Si mon & Kel'llfficr Brackin & Bear Cooper. Kenneth Ocmpsey-Pearson
Enfinger, Floyd C. Gibson, w. Kenneth Owen, lames R.
SerOggins. lames M. HARBOUR
I'l icks, Deborah Whitmore CALHOUN
LJBudde, Frank McGriff, Wi lliam E., II Merrill , Merrill, Mathews & Allen MOrris, Daniel E.
ClEBURNE
JACKSON
Casey, John S.
Bough, Hoyt Haralson, W.,U"ce VVceks & Weeks
COFFEE
Dowling, John C. Jordlln & Hollingsworth Stokes, Jackson W. Waldrop, Richard Young. 1',1U1 A., Jr. CO LB ERT
Almon, McAlister, Ashe, Baccus & Tanner Beasley, Murray W, Hov,uer, William R. Hunt, James L. Johnson, William T., Jr, Stansell, James H., Jr. Tompkins, James H. CONECUH
Harden, Paul
M,
COVINGTON
Fuller, w. Sidnt?)' Mills, A. Wayne
Parks, Charles L. Underwood, Earl P., Jr. Whluinglon, Joseph E.
Williams, G. Coke CHAMB ERS
Johnson, Caldwcll & McCoy Phillips, Donilld M.
Walii)cc, R. C., Jr. CHEROKEE Davis, Gary E. CLARKE
Adams, Adams & WilK}n Cilmore & Cllmo/e It.-e, Franklin D.
132
DALLAS Blair, Robert R.
Cheshire, J. Patrick Morris, Charles H., III Pitts, Pitts & Thompson OEKAL8
Roger Tate, Patrick H. Killian,
HOUSTON
Mams. Co Bruce Espy, Collier H., Jr. Flowers. Richmond M. Meyers, Paul F. Tollum, Fred M.
JEFFERSON Barker & Bynon Barrett, Charles E.
lJilll les, Kenneth W. Bell, Richard W. Birmingham Arta Legal 5el'vices Corporation Bolen, I... . Ralph Boten, Randall H. Boohaker, Joseph l. Boolh &. Associates
Brackin, linda Brobston &. Brobston Cooper, Mitch, Crawford, Kuykendall &. Whatley Crl\lenden &. Cochran Crookes. Ilaroid R. Denson, William T. Emond & Vines FilZllatrlck, Raymond P., Jr. Formilto, Jn nice G. Frawley, W. Spencer Gilmer, Gwendolyn S,
Gathings, Jo nathan w. Grecn, ArmSlrOng & Bi~n~ Hebson &. Miller Herrin, Eilloll C. Hilliard, Earl F. Hughes, M. Richard Johnson, Mickey l. Johnston, Conwell & Gloor Joiner, J. Michael
King, Dan C, III Ki zer &. Bennin lee, Roger w. leitman, Siegal & Payne
May 1989
leonard, Thomas B., III Lewis, Robert F. l..oY.'C, ). Hilran Maples, Samuel McCall, Winston 8., Jr. McKnight & Wirtes Morgan, Joe W. Nail, Cecil T. Newton, Barnes, Dunning, May & Miller North, James L. Parsons, Douglas Ma<; Powell, Tally &. Frederick Roden &. Hayes Roe &- RoY.-eII Sanford &. BuJlock Shores, Michael C, Stephens, Richmond Thomas, Whit Whitmire, Bryant A , Jr. Wynn, William J. Yearout, G. Thomas LAUDERDALE Cochron, Charles w., til Higginbotham &- Whitten Keller &. Pills O'lJannon &. OBannon Piltlerson &. Jeste( Slusher, Rodney B. Walker &. Musgrove Winborn, R;:lOdy
LEE Davis, Co~ &. Pollard Samford, Denson, Horsley, Pettey, Martin &. Barrett Williams, J. M ich(lel LIMESTONE Mof(att, James E. INoodroo( & W:>odroof LOWNDES Conway, Neva C. MACON Davis, Mlhon C. Russell, WIlliam M ., Ir. MADISON Brinkley, Ford, Chesnut &- Aldridge Butr &. Forman Burlon, H. Coleman Buller, James L. Catron, Clement J., III l'lamilton &. Ry~n Lampley, Joe N.
The Alabama Lawyer
lanier, ford, ShOM!r & Payne Roberts, Audrey l. Robinson, Carter Alan SturdiVjlnt, Jilmes R, MARENCO Burden, Russell Drinkard & Drinkard lOYIrey, L. M. MARSHALL Starnes, John W, MOB ILE Barker, Janecky &. Copeland Ba)(ley, Kent COolie, Helmsing, Lyons, Sims &. leach Coley, F. Luke Diamond &. Hasser Foster, Clifford, III Frierson, Sara Gonas, John S., Jr. Hamlhon, Butler, Riddick, TMlton &. Sulliviln Langan, Michael [l It.'On, Francis E" )r, McCleOM! &. Palle~on Padgett, Herman PcMingtOn, AI Ramsey, Robert S. Sheldon, Richard S. Thiry, Maples &. Bnmson Tonsmiere, George A. Whiddon, A , Holmes Williams, Ronnie L WIlson, Augusta E, MONROE Coxwell &. Co~well MONTCOMERY Allen, lJob E, Argo, Enslen, Holloway &. Sabel Ball, Ball, Ma1thC'N5 & NOV.lk Bull, Maurice S, Bryan, I·toward F. Capouano, Wampold, Prestwood & Sansone COOller &. Coopcr Davis, Terry G, DeYcreaux, Wanda Duke, William S, Fitt palrick, H. T., Jr. foxworth, Billy F. Glillar' & Gillian Hawthorne, Raymond J. Hill, Hill, Carler, Franco, Cole & Black
lawrence, Richard A. long, FrJnk M. Minor, Manasco &. WIse MorrQ'¥V, Romine &. Pca ruin Perry & Perry Pool, Benjamin E. Reynolds, J. Donald Riggs, NeSmith &. Halstrom Smith, Frances H. Walden, GatcwoOO A. Wdlkins, Donald v, Williams, Rick A. INood &. P.lfncll Y:.rbrough &- P,l11erson MORGAN PoY.--eII. Joe B. Powell, MHes T. PERRY BrQ'¥Vn, Kirtley W. RANDOLPH 8uller, Morg.ln RUSSELL Hamilton, Estes &. Carter SHELBY Carson & Steed Mathews, William F, MitChell, W. Eason SUMTER Brewer, William C, Reid, David A, TALLADEGA MeSheridan, Bobble TALLAPOOSA Dillon, J«!lIey & Brown McKnight & Wirtes TUSCA LOOSA Dbeon, Brenda A. Gibson, Dan M. Pearson, Charles E. Searcy, Margie T. 5ogo1 &- Chandler Stephens, Shields & Gunter WALKER Donaldson, Je(( laird &. Wiley WILCOX Cromer, Andrew McLeod, Donald
• 133
Honor Roll
of Financial Institutions TI~
AlnbMlil law FooOOllllorl, tnc. an.
nounces thai thc Iottowing financial institutions are p..lrticlp;uing In Ihe IOLTA
progr.1m. The foundmion th;mks these in· stitutions for their parUclp.1Iion.
Alabama Exc;hallge 8Mk, Tuskegee Alnbama Fed tlfill Savings & lOilrl Association
Allus Bank· AmSoUlh Bank· Auburn National Bank B(lnk Independent, Florence Bank of Albertville Bank of M obile Bank of Prattville Brantley Bi'lnk & lrust Company Cahaba Bank & TluS!
CJmdcn National Bank Cenlfal Bank of the South"
Cenl",1 State Bank, C.,Iera Citilcns Independent Bank Citb:en's FedcrJI S.wlngs Bank
Cillzen's National Bank of Shawmut City Fl'dmal Savi ngs & Loon AS!IOCl:uion Colonial BalIk· Commercial Bank of O:.e:ark
Commercial Bank of Ro..'lllOkc Commercial National Bailie, Demopolis
CommQI1\'o1C,llth NMiol1(l1 Bank Covington Coul1IY U;wk Exch:lngc B'lI1k of Attalla Farmers & Merchants Bnl1k, Arilon Farmers & Merch1ltlts Bank, 1..1Faycue Farmers & Merchants Bank, Olark Farmers & Merchants Bank 0( Russell Counly First Alab.,m.l Ban~· First American Bank, O«':l1ur First American Bank of Pelham First American Federal Savings & loan, HUIll Sll m~
134
First Bank & Trust, GI'OYC 1-1111 Fim Bank of Baldwin County Firs! Citizens Bank, l lJIICrne First Commercial B3nk, Birmingham First Community Bank, Chatom first f(.o(lcral S;lIIlngs &- laM, Gadsden First Fl.'derill S,l\Iings ,s. loan of Bessemer First FedC!fal Sailings & loan of Florence First Federal Sailings [. loan of Russell County First Federi11 Savings Bank, Decatur First MOntgomery Bank First National Bank, Ashland Fi rst National Bank, Br~ton First National Bank, Opelika Firs! Nalional Bank of Atmore First National Bank of Brundidge First National Bank of Columbiana First Nationill Bank of Florence First National Bank of Hamiilon First Niltional Bank of Jasper First National Bank of Scollsboro First National Bank of T"lIadega First National Barlk of UnlOrl Springs First Stille Bank of Bibb County first Stilte Bank of Tuscaloosa Jacobs Bank, ScoUsooro Marlon Bank & TruSI Company Merchants & Planters Bank, MontCllalio Merchants Bank, Jacks(m Monroe County Bank National Bilnk of Commerce, 8irminghilm Peo,llas Bank, Elbil PcoI)les Bank & Trust, Selma Peoples Bank of Cullman County Peoples Indepcndf'r'll Bank, 800l Phenix Girard Bank Pike County Bank Robertson Bilnking Compdny, [kmopolis
Southland Bank, Clayton Southland Bank of Dothan SouthTrust Bank, Auburn SouthTrust Bank, Tuskegee SouthTrust Bank of Alabama SouthTrust B,mk of Andalusia SOuthTrUSt Bank of Ar~b SouthTrust Bllnk of Baldwin CounlY SouthTrust Bank of Calhoun County Southlrust Bank of Cullman SouthTrust Bank of Dothan SouthTrust Bank of Elba Soll1hTrust Bank of E10YJah County 5o\lthTrUSI Bank of Huntsville SouthTrust Bank of Mobile 50uthTrust Bank Ql Montgomery SouthTrust Bank of Olark SouthTrust Bank of the Quad Cities SouthTrUSI Bank of R.Jndolph County SouthTrust Bank of Selma SouthTrust Bank of tll1adega County SouthTrust Bank of TuscalooS<l County Swcct WatCr State Bank The American Bank, Geneva The Bank of Tallassee The ChoctJW Bank of 8utl~r The Citillcns Bank, Enterprise The Citlrens Bank, Mouhorl The Citizens Bank of Villle'!' Head The I-tomc Bank, GunlCl'$lIille The Pcoples Bank, East Ta llassee The flcoplcs Ballk & Trust, CWi:nlli lie The Peoples Stillings Bank, Clanton The Perty County Bank Troy BilIlk & Trust COm,)tlrly Tuske81.'e Federal Silllings & loan Association Union Bank & Trust Coml>any Union State Bank, Birmingham United Security Bank, Butler Winfield State Bank, Winficld ·flnanclal Institutions participating statewide
May 1989
Profile
William Harold Albritton, III, 1989·90 President·elccl, Alabama State Bar William H,lrold Albrillon, III, W,l S oorn In Andalvsia, AI,.bam,., December 19, 1936. He ijrilduoltl..>d from high school 01 Marlon Military Institu te in 1955 as valt>dktOfian of his class and receivt'(j both undergr.)(!uate and taw degrees (ror'fl the University of Atab.,ma. As an unders'aduale at AIOlbOlmOl, Albritton was active in campus Ol((alrs OlS \'/ClillS aCildcmics, He WilSII member of Ihe v,V~i ty (Ieb-"lIe team ;md student legisl;lIvre, served 015 vice PfCsldenl of the Stud(!n\ Governrnent Association and wa s named to ODK and Jasons. He wa s elected to Phi Beta Kappa, was a ml.!mbl.!r 01 Alpha Tau Omega social frillernl ty and received Oln Infanlty commission through
Rore.
Albrinon received his LL.B, in 1960, While In law school he wa s elL'"Cted to Farrah Order of Jurisprudence, 'NilS on the Law Review and was 11 member of Bench & Bar and Phi Delta Phi . foll()I.Ylng law §chool AlbriMn tecelvOO a branch transfer In the U.s' Army to the Judge Mvocatl' General's Corps find served two ycaf5 on active duty, beinl! disch,uged iI~ a caplain, In 1962 Albritton returned to Andalusia where he cIltered his family's law firm, at that time named Albrillons &
Tlte Alabamil Lilwycr
Rankin. The firm has been In con tinuous eKlslence in Andalusi a since II was founded in 1887 by Albrinon's greal· ijrandfathcr, Judgl.! EdwMd T, Albritron, and Harold Albritton became thl.! fourth 8encr.tlion of his family in thl.! fi rm. In 1971-72 his father, Robert B. Albritton, served as president of the Alabama State Bar, His uncle, VVllllam H. Albrltlon, served the bm for se.eral years as a memo ber of the bOOlrd of bar eKilminef5 (101)(,1' tion). and hi s uncle, J. Marvin Albrinon, W.I§ a lhree-term member of the board of commissi onl"!rS, a rcpn.'SCntative to the American Bar Association I-louse of ~l· egates and a member of th e Alabama COU" of the Judiciary. AlbrillOl\ is n(NI senior pa"ner of the firm of Albrinons, Civh,ln & CliflOn. Since ueginning practice In 1962 AI brlnon has been "Clive in the state bar. He served for flY<! ~;us on the eKecuTi~ committee of the Younglawycrs' Section and has been 3 member of numerous comminces and ta)k forces, including Facilities of the StOlte Bar, Prol>Osed New Judlclnl Building, f'ro(l.>sslonallsm, Future of the Profession, Judicial Office, Longrange Planning. and Code 01 Professiorul Responsibility. He was 01 member of the Insurance Programs Committee for several years and served as chairpeoon for th ree years. He n()\.\' Is In his third term as a ml"!mber of the board of commissionerS. I-Ie served on th e board's Executive Commiuee (or three years, nnd wa s vice-president in 1965-66. He wa s a member of the Disciplinary Commission for a threc-year tCtm and n(1W is serving as chairperson of the State Bar·Supreme Court liOlison Committee for the third year. He has been a member of the Council of the Alab~mOl L'lW Institute for SC\ICrill yCars (Ind is on thl.! board of directors of the newly-org.1nlzcd AlaOOmil Capital Representation Resource Celller. Albritton 'NilS presidenl 01 his local bar association in Covington County In 1973.
In 1987 he was elCCted a Fellow In the Americ:.., College of Trial Lawye~ In 1966 he began a term as president of the Atabamll Law School fOUlldation. He was president of the Alalxlma Defense lawyers Association in 1976-77, and holds membership In the American Bar Association, International Associiltion of Defense Counsel and National Associa· tion of R.1llroad Trial Counsel. ThlOugh the years Albrl110n has contributed to conllnulnglc8.11 educatiOn as illt.'"ClUrer and faculty membl.!r al various programs and seminars, including law schools, 5«tl0n meetings, a defense lawyers seminar, the Southeastern Triallnsti. tute, the l-lastings College of Advocacy in San francisco, and the Qcfense Coun· sel Trilll Academy In Boulder, Colorado. Albri1ton has bel:n aClive In his com· munlty through service as presidenl of the Andalusia Jayc('t.'S, ch.lirperson of Ihe Bo..lrd of Zoning AdjUSTments, member of the Community Arts Council, pmsident of the Andalusia Chamber of Com· merce, lind member Olnd president of the Andalusia Rotary Club. He Is an elder and trustee of the FI('j\ Presbyterian Church, and II dill.'Ctor c:J First Alabama BOlnk of CO'.<In8ton County and served for slK years as chairpeoon of the Board of Trustccs of Community Hospilal of Andillusia, Harold AlbriUon has been married since 1958 to the former Jane Romn s H(1W.ud of Tuscumbia, lind they have three sons, The oldest KIn, H,.I, grad. u.1ll'<l from law school al the University of AlaoomOl In 1985 and now Is a J)3rtntOf and frIth-genera tion member of lhe lamily law firm in Andalusia, Bert, a graduate of Auburn University, Is employed by a contracting firm in N'oblle, and Tom is a senior at the UniverSity of AIOlbama. Both Ben and Tom will be entering law school at the University of Alabama in the fall. The Albriuons h:we one grand· daughh!r, Rollins. •
135
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The Alabama Lawyer
13 7
Building Alabama's Courthouses by Silmuel A. Rum ore, Ir.
The following continues " history of Alab.,ma's CQUrlty courthouses-their origins and some o f Ihc peoplt! who carl· IrlLlUlcd to their growth. The Alabama
Ldwyer plans 10 run o ne count y's slory
In each issue of the magazine. If you have a ny photugrJ phS of earl y o r presc nt courthouses, please forward them 10:
FRANKLIN
Silmucl A Rumore, Jr, Miglionlco & Rum ore
1230 Brown
M iWI
Tower
Birmingham. Alabamil 3520]
Franklin County During the War of 1812 Andrew Jack-
son and his men p.used lhrOllSh the !Cirrila ry Ihal tlO\Y Is Franklin County, Ala-
b."Ima. Several of his soldiers were h,,pressed by the beauty of this area, and after the war, they came back to scllie on the land, One 50ch sold ier was Major William Russell.
Russell was a native of North Carolina who hlld lived a ~hor1 time In Franklin County, Tenness(!t'!. I·I(! was the c hief of
scouts, also known as the "Mounted Spies,H In Jackson's army. When he was released from service In 181S, hc canlC back to the hili counlry south of the Ten·
nessee RIYCf shoal .. He built a cabin and trading post. The ~rea was named In his
honor and kn(M'n as Ru ssell V,lllcy. With the arriyal of more senlers th e comml,lnl· ty became Rl,l sseliyllie. The Ala bama Territorial Legi sl ature c reated Franklin County on February 4, 1818. This COl,lnty wa s composed of the lertllory in prescnl-day Fr.mklln and Col· bert COl,lnlles. It was n<lmet! for Ben jamin
A new town c.1l1e<l Ru~'>('lIvmc wa~ In· coq)Qratcd November 27, 18 19, thre<: week s before Alabama becanw ,\ ~ !alt~. It wa s located approxiMiltl'ly three mib west of Milior RU~5~'II'~ fi r,t '<t,ttlcmcm of that n~ml'. The fi~t ~Ih:- W,lS ,twndoned bccad$(' of a mystCflOll'l copldcmic, probably F aIM!.'. O~ l.mu,lry 24, 1820, an election Wd ~ held 110 determine Ihe fir;t COllnty ~at for Frilnktln County. Th(' con t e~t;,n l ~ were Big Spring~ (Tu scumbia), and thl' nt....... Rus~lIvjllt.' I(l(a tcd <11the c.ruw(Jdd~ of Ga ' nl'~ Trace and Ihe J ,lck~n Military Ro; d. Ru ~SC' lIvlll(! \\'01" thi .. election becaJw it w,.~ doser to the cenler of the coJnty, but ,I moalry begJn wllh Tu"Cum· bill whlt-h COl11inucd for decade$. Belwt'<.'n 1821 .1 11d 1848 almost t'\/Cry elehion (or Ihe Legi~ I'llllf(' <:ontillnt.>(1 heated dcb<lte on thl' IQCMion of the
cOlirthou!oC. Tu scumbia grew in ~iz.e and wealth . 11 bec,lme a railroad lOW ~ <lncl wa~ an inJl}orta nl Tennessee Riyt>f ~rl, but Tu <;cumbia Wil~ on Ihl' northern itd8e of the county, and thu\ w,., Il'~~ convenient Ihim Rus~ lIvilil'. In 1848 the legislature pa ~sed ,m 3C,1 calling ior ,lnother election. Th(- voters would choose whether thel - county seal wou ld Slay ,II f!u~~ellville, move to Tu scumbl.l 01 be localed within Ihr('(' milL'S of the gcogr" I)hical rentN of the county. At the firs! election ill Augu~t 1848, Tu<;cumbi,l WitS elimulated. h the ~. .cood el('Clion, RU ~5ellvitie lost. Thu~, " new site wa s choM!n for the courthouse bl,t Ihere wa~ no town of <lr,y ~ llC within Ihr('(' mile~ of Ihe county's 8C08r;lJ)hi~ center. A town h~d 10 be plnnned, ~UI'Vt.'Y<--d ,mel iru;orpof<ltt-d to sa t i~fy the !Il'ographlc rcqutrt!ment ~. It
Fran klin. The first superior court was o rgt1!li zcd the cabi n of W il· lIam Neely on la.YCr Spring C~k. Due ~ I)temb(!t 7, 1818, at
10 lack of space. COl,lrt convened the next day at the home of Michael Dickson in the town of Cold Water, loc.ltcd at
wesent-<lay TuS(;umbla. 138
May 1989
Fmnklln COUnl)' Courrhouse was called Fl';lnkfOrl. The name was coined by combining "Fr;1nklin County" with the term "fort;' for a pioneer struc· ture once existing in the a~a. Frankfo" offiej;1lly seM!<!;1S county seat (rom 1849 to 1679. A brick c()u"house and );111 were built there serving the county through the Cillit War. The Reconstruction Er;1 brought many chJllgcs to Alalxlma. One was the dllll· ~ion of Franklin County. The northern P.lr1 of the COUllty outstripped the south· ern in wcalth, populallon and business actillity, The ma,ority of practicing aUor. nL0y5 IiIlCd In TUSCumbia, and attitudes were different between the Tennessee Vall(.oy poople and the hili people. In response to these cOrlditions, on February 6, 1667, the legislature carved Colbert COUl1ty from Franklin , Tuscumbia beCilrne lhe county seal fOf Ihe new county. This legislillille action causl!(i greal resenlmenl, and Ihe act w,]s relx!aiL'CI lilIer thilt )'C<lr. In 1869 Colbert County was reestablished and Tuscumbia was named lemporJrY cDimly seat, prOllidcd that the IIOter1 apprOYed crea tion of the new county. An elect on wa s held January 6, 1670, and Ihe rf..'Sult confirrnL'(i the estab.lishment of Colbert County. This action ~rely affecled the fulure of Franklin County. In 1860 Franklin County hOld a l>opu1<lIion of 18,627. In 1870, Colbert Counly had a populalion of 12,537, while Franklin County residents numbered or'lly 8,006. The benCH farrnl;'lnu Wi'S localed In Ihe new coun-
The Alabllma Lawyer
ty. And thll crea tion of Colbert County effectlllCly cut off Fmnkl1n COllr'lty from railr03d and rlllCr lransportation. After Ihe dillision, Ihe town of Frankfort was left near the Colbert Counly line and IlO longer centrally locilled. A r'ICW rIlOlle-
ment ~an for rcrn()Y~1 of the cou"· house. Anolher factor COI\sidllred was Ihat Ihe courthouse bu!1dlr'l8 had lleer'l sellCrcly damagf..'(i by II storm and was in iI dilal)idatcd condition A courthouse site election was held in 1879. The con testants Ihis lime wcre Fr3nkfort, Ru ssellllille and the new "center" of the county. Once again the mythical ccnler won. The e""1ctlocation chosen was Ihree miles ncmh of Ihe googr.lphlcal center. II was named Belgreen becaUSe! of the beautiful foUage In Ihc area , This smail r"rming commun ity gr(.'W Into a prosperous smillitown as II served as counly SCill (rom 1879 10 1891. A large wooden building was conSlruct· ed for the courthoosc; no known picture exists of the structufC. Belgreen did nOl prCJIIC to be a satisfac· tory chQice. The railroads Ih.1t came to Franklin County In the 18805 bypassed Belgrcen, and most of Ihe Induw!al growth occurred around Ru ssellllille. On December 4, 1890, the courthouse burned to Ihe ground. There is an Inter· cstlng story suggeSllng 11'1,11 Ihls court· house fire was dellberatel,. set. Residents
The Alabama Wills Library ' I~
\ II OIIIl')'; ( ' Olllplt ll' l Nt'l\\ot k
mulupk-choke ,nd OIMr .~IIIAry documcnl~. qlll!Sl ion<, 1I,1d lhen com· 1. lbratic~ fo r lnler "hus Tru s ts (4931). II nll $c Sil tn (4I}H ). C undo pose Iwltnred doct.tncm5 ,,, mlnuIC). T h\! SI tu (493.5). CUIII'I Helll .: WIIC WU I~ 1.lbrury (CII. 4930) pn'p.:oru ~'m Contrll(tS (4931). omcc t.t\lse Riders pie and ronlpju ",1I1i provklln, f<ll" :<epa(4\1]8). Slur e I.euc klllftS (4939). rAte di~po'llion< of pcr~on~I effc<:1~ Nct L ~lIs~_ (4940). 1. 11II1 1 ~ct ~nd rcally, ca-h ~qUClitS, nllllll' ONLY t'artncu h lp$ (494 6). SCIIP ' ilie', the gnull ln, ,uld e~crd~ rAlion AllrU mr"l~ (49]3). of pO\focn u( 'ppointntcnl. 1I 11~lnuJ S"leJ (4947), and credit equiv.'e nc), tru~u Shurchutdvr8 '\ lIrec ll lcIlIS witll Q11P pruvi<IOII.<, murl. 30·doy (4948). ~te MV l ilabte for IDI deduclion trllSU, charit~ · money back Alablma .t 5200 Clch. ble remainder trUSIS, .nd UpdGl c) arc fret the first guaranlee 0 1 04her dl~prnihions. The IC,Id. ~eur. $10 pet ch'k IhNelifler. lIary csrnlC lII~y be di vided 111111 sat isfact ion IBM OJ" c"lI\p~llbie ~omp\ll er~. cqll~I 01' u'lC"iIu~1 )han" wnh c:lth SJ"IeC,fy , IW or 3 1/2" diJk , C.JL 511arc bein•• 'vcn to one Or more Bernice Wittinm<, (800) 221 .2972 ocnetldlitlU ()Illri~l. or Ir'I P v~Tlety for infofm Rtll;m 011 Ihe..: und olher uf IruSI.~. Trusl~ limy be terminnled prOjrllm' fOl' Alnfj;jlll~. or pltllally dl ~ ltIbuled ~I 'J'C'<:ltit IBC~' or may rOl' the life of lhe OCnl'tlClllty. Altcm~le Mnd .\ ucccnor ~celslor-Le!pl. bcnetldurie, lOlly bc ~pcdncd. The The
progr;,,1'1~ ,,~
r.H -ln·lhc·-bt~nk
$200
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progtlm .l~o prer"rci 11~11I' will dcdlrlllcm •. po ....er~ of Illorney. fAmily Ircc ufl1da"ih , u,., et ~lIm ' mnrles, c~ccullon check1!sts, and
Ioc.
62 While SI. New Yolt. NY tOOl3 (800) 22L _2912 FAX (2 12) 4)1 .:'11 I
139
of Belgreen supposedly heard of iI con· splracy by some people In Russellville to remO'v'l! their courthouse. They stood guard for three weeks, When nothing ham>ened they ceased their vigil thinking that the rumors were false. The vcry next night that the courthouse was left unguarded, it burned. Once again an elcellon W.lS called to decide the site ollhe Franklin County seat, This Iinle the contestants ~rc SeIgteen, Russellville and Isbell . Russellville and Isbell were prosperous townS, Isbell having a slightly IMger populiltlon, and both wanled the courthouse. This was probilbly the most controvcrilal eleclion ever held In Fr'lI1klln County. It was reponed th:it non-resident rallroild workers were brought In irom SheWeld 10 cast votes In the c1ee1lon for Rus scUvi1le. Though the vote W,lS close, and despite the al1egiltions of fr,lud, Russdlvllle once again became the county seal. It hns served the count)' since 1891. Shortly after th s election, a $1 5,000 bond Issue was approvcci for the construction of a courthouse, In November
1892, a brick oounoou>c was completed. An Illustration 01 this building ~als Ihill it w.lS four stories tilll "nd 10P(lt.>d by a clock tower and dome. Sixty yt!afS later, in January 1953, this COurthouse burned in lin early morning fire. ConSlruclion on the present court· house began In 195~, and was com· pleted In March 1955. This new building cosl approximiltely $4&0,000. The archl·
leets were lohnston ilnd Jones of Stark· ville, Mississippi, ,md the contractor was Craig Construction Company of Flor. ence, Alabama. The building is conslructcd of native limestone from nearby Rockv.ood. Renovations and an annex Vt'Cre completed in 1983. The archilocts for this work were lambert ~nd Ezell, and the general contraclor w~s \fokems & Assodil t~ •
Samuel A. Rumore, Jr., is a sradualc of the Un;versl'ty of Notre Dame and the University of Alabama School of Law. He served as founding chairman of the Alaooma Stlll@Bar's Family Law Secllon and Is In pracfict: in Birmingham with the firm of Miglionico &. Rumore.
r - - - H . ALTH CARl! AUDITOR B, INC.
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Alabama Judicial Award of Merit Nominations Nominalions are now being received for tht: Alabaillil Stale Bar Judicial Award of Meril , This aWilfd, cslilbli$hed by Ihc Qo.1rd of bar commi ~s ioners, will be I)r(>scnt(>{i for the firsllime ,11 !he 1989 annual meeting In )uly. In the futufl! It will be :!warded periodically by the board of commissioners, The oward is 10 be given 10 Ih;lt judge, whelher stille or federal, whethl.lr trial or ;lppcllate. who hOls conlributed mOSI to the ilcmlnistralion of juslice in Alab.1rna, Plc~ se submit nominations befo~ lune 15, t989, 10:
CONSUl. TATtve EXPGFlTS TO TMI! MEOICAI.·I.EGAI. COMMUNfTY
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Nominati ng Commit lee Alabama State Bar Judicial Award Merit P.O. Box 67 1 Montgomery, Alabama 36 101
0'
140
CALL HCAI
813-579-8054 1COLlIC1~IIUIlI.Y _""01
P.O . eox 2200"7 BT. PeTERSBURG. F1.33"742
May 1989
MelE News The Mandatory ClE Commission held lis January 27, 1989, meeting at the state bar hCildquiHlCrs. AI Ihis mt..' eting the COmmission: 1. Declined to Sf.]nt an anoflwy's request for extension of Ihe March I, 1989, deadline to make up il ClE dclidency for
1988; 2. Granted thr~ iluorney$' reques(Ji for full Wolivers of the 1988 ClE requirement due 10 health reasons;
3. Declint.'d to grant an attorney's request (or a w;lIW;!r of the late compliance (ee; 4, ""pproYCd an a!lorney's request for s... bstltuled compliance of il single pro-
g/'ilm tlctlvity based on ml..'CIlcal reasons; 5. Granted all mtorrlC!y'S request for II waiver of the lale compliance fee;
6. On :tPl>CClls by two sponSOrs, affirmed the director's originJI decision denying 3ccr(o(Iilalion for the sl>onsors' activities which focused on Investmen t
Attorneys Insurance Mutual of Alabama, Inc. The Board of Directors of AlIorn(.')'S InSurtlll ce Mulual of Alabama, Inc. mel Apri l ), 1989, 10 consider the resulls of the offering of units through March 31, 1989. The board was encouraged by the fact that the company hild over $2.000,000 from subscriptions ilnd com· mitments to subscribe for units from a~ proximately 1,600 ;J:ttorneys. The ~rd was further encouraged by the advice of Its Insurance business consull.lot and lis rclnsurallce broker thill, based on current condi tions In Ihe rei nsurance markel, It would be fea sible for the com,)any to commence operations at the current I(,'YCI of parlicipmion by Alabama il1l0rncys with (In initial capllalh:al lon of $2,000,000 rillner than $2,500.000.
advisors. broker deillclS, financial repelrt-
ing and insurance accounting.
•
Interference with Business Relations (con/illued (rom p..18e /3/) rolled on Reslall.'mcnt (Second) of Tor(s §766 and commen tS wh leh validotc refusals to dear 10 re<lch Its resvlt. Given the court's adoption of the Restatement in Cron and Bear Creek, practitioners should become familiar with Restatement, §§766-767, on interference, and particularly §§766-774, which Identify speci'ic e)(llmples of justification, To the elttelll a j)tlrly can fit its acts wilhln one of these eltllmptes, It may gain accept· ance by the supreme court. With respcctt(l1hc element of lustification, the supreme cou rt creaK'CI moro un· certa inty Ih'ln c"lflly in GlOss. While 1ho courl lisled a.bsence of Justification as OnC of Ihc clements of proof, Ill(! court stated In a footnote thatll was reta.lnlng Ihe prinCiple that justW ca tioo was itn af· firmative de(ense to be plead and prQltied by Ihe defend"n!. 494 So.2d at 597, n. 3. In the same footnote, the court Teilffirmed I)rior law IhM Juslification normally w ou ld be a question (or the jury. The cou rt then adopted the Restatement (Seco nd) of Torts § 767 (1979) balancing tCSt
The Alabama Lawyer
In view of these encourilging factors, the board decided to (ixtend the offering of the unlls umll July )1, 1989, to con· tlnue Ihe effort to raise $2,500,000 from the numerous Alilbama attorneys who have exprcsS(.od till Interest but not ~I subscriOC>d for units. Hoy~r, the board also requested Its 1~1 counsel to invesligate the possibility of amending the terms of the offering for units SO Ihilt the comp.lny can be In a position 10 com· mence business at an earl ier date by "brl!ilkln g escrow" llt the lower level (If 52.000,000. If the offering Is so tlmended, all curren t subscribers for units will be afforded an opportunity to evaluate the temlS 01 the am~ed oIfering and reconsider their obll8ation 10 subscri be 'or units. •
for a jury to determine Justlflcalion based o n 0 consi deration of factori, Including (1) the nature o( thc actor's conduct; (2) the actor's mOllve; (3) th e Interests of the other w ith which thl! actor's conduct interferes; (4) the In te rests souHht to be ad· vanced IJtI lhe actor; (5) the social interests in protecting lhe freedom of action of the actor and the contractual interests of Ihe other; (6) the pI'OltimilY or remoteness of Ihe ilctOr'S conduct to the Inlcr· (erence; lind (7) Ihe ~Ialion$ between the p.1rtles. A critical review of these factors reflects thilt thi s b..llancing le'St of conslderJtlons (1) muddles Ihe law rQ\her ,him giving any certa inty 10 thl! bar and businesses as 10 what constituK'S legitimate business conduct and; (2) may lurn the issue of jU5tifica tlon Into a subjective valut-'-Orlented decision based on a jury's rouHh notions of fairness as opposed to a determination based at least in J)ilrt on some objective crheria. Arguably under Ih ls test, th e most Iml>ortant feature, <IS With the old law, will be 1he Intent or Illotive of Ihe aclor In carryIng out the tllleged Interference lmd not whether the act Itsel f con·
stiMes valid buslnt!ss competi ti on as Olr P(lSe<iIO wrongful bchtlvlof. In su b~qu en t decisions " fter Cross, the Alabama courts have tcndt-'tl to 1)I<lce the burdcn on the plain tiff fO prove absence of Justincation. In Finley v. Bevf!rly Enterprl5CS, Inc., 499 So.2d 1)66 (Ala. 1966), the defendant nursln8 home adopted the policy of not allowing nuf'SC§ whom it had previously dlKharged 10 work as priViue nurses to patients at its facility. While the supreme Court retog' nlzed that Ihis constituted a potential Interference with the relationship, the court held thmthe plalnllff had not "produced a scin tilla of evidence to sho.v thilt there was no jU5tific<ltion for Beverly's policy thaI diKharged Beverly's cmplcrr ees may not re-enter the premises to work as private duly nurses." 499 So.2d <I t 1366, In Blrmlnghdm Television COfp. If. Deramus, 502 So.2d 761 (Ala.Clv.App. 1986),lhe court of civil appeals emphasized thilt plaintiff had failed to prove an absence of justification lor interfering with a former empl(]y'eC tlSsumlng a posi. tion with a competitor. Id, at 76S-66. (COI1l/IlUcd on paSe /47)
141
Recent Decisions by lohn M . MiliinKo Ir., and David 8. Byrne, Ir.
Recent Decisions of the Alabama Court of Criminal Appea ls B.ltson issue-conlinuing problem M.1di)on v. Slate, 1 Div. 200 (December 30, 1988)-Madison 'NilS can· victed of the Cal)ital offense of the murder of 11 IXlIlce officer In violil tion of §13A-5·4I(al(S). Code of Alabamil (1975). The tr al jury recommendc:d that Madison be sentenced to death "" a vote of elcvcn·to-one. The jury's rccommcndat'on was accepted and Inlposed "" tf'e trial judge following a scp.1riltC scnterlcing proceeding. The victim In the case was a white ]>olIce o(f1cer and the defend.1nt a blilCk male. The record rcflects that during the eX<lminalion of Ihe venire, certain white jurors ei ther had relatl\.1!s or frlond s who were associated wllh or employed by the police department andlor sheriff's office. These persons were iefl on the venire while lhe distrlcl attorney's offic~ um ils peremptory Sir kC!llo I'e1'I\Cl'v(! all st.'YCf1 prospective black jurors from the venire. At trial and on appeal, Madison contended th at his rights under the Equal Protection ClilUse were violilled by the 5t;'l\e'S usc of its (l+.!remptory strikes to rem(),l(! all black Jurors from
142
the venire. At trial, defense counsel made a timely objection and requested the trial C001 to require the dlSlfiCl anorney to uticulate some non.<Jiscriminatory reason for the complete exclusion 0( blacks from the jury. Pursuant to the Supreme Cour1's decision In Blllson v. Kemucky, 476 U.S. 79 (1986) and the dcdsion o(the Ala· bama Supreme Coun in Jackson II. Stillt', 516 So.2d 7681Ala. 1986),lhe Intermediate appel ate covrl reo mlmded the case to tile trial court (or II hearing 01'1 the bas 5 of th~ allega· tions made: bot the: df'fendant. Thereafter, the circuit court conducH.>d the hearin8 and returned the case to the Ilppellil!e court. The court o( criminal
Jo"n M. Milling. Jr., is a member of fh@ firm of Hill, HilI, CarlCr; From· co, Cole &. Black In
MontBomery. He
;$
a sraduafe of Spring Hill College and tile University of A/abam,l School of 1..1W. MUnll8 CCJ',lCrs l/1e clvif porrioll of lire decisions.
appeals, in II unanimous decision, rc~rsed Madison's conviction and remanded the case (or new trial. Judge TySOn oullint."CI the rationale of the Supreme Court of Alab,1'Tla's decision in Ex parI(! Jack~on, 516 So.2d 768 (Ala. 1986), by further dt.>fining the criteria which the stale ffiljSI emplOy in the sele<:tion of pro!pccllvc jurors. In Ell parte Branch, 52& So.2d 6091",lil. 1987), the court pointed out the: type and manner of the st.l1e's attorney's questions and stillen'\('J'lts dvrIn8 voir dire. The court of criminal apl>eals held as follows: '~are of the opinion Ihat a prima facie case o( racially discrim inatory strikes was eSI"blisht.'(! under the
David 8. Byrne, Ir., Is a sradualC o( the University o( Alabam.l, where he received both his undergraduale and law degrees. lie Is a member of the Montgomery firm of Robison 8. Belser
and covers the criminal porrlor) of tire decisions.
May 1989
teMimony before the tria l court. The SI;1W then had the burden, through the District ....tlorney's office, of OYer· comins th e presumption by showing IhM liS strikes wcre race-neutral. The District N\orney's general assert ion thaI he did not strike jurors on Ihe basis of r,u:e, bu t on other reasons which appeared 10 us to be superfiCial and shO'N a lack of proper clt.lmlna· Tioo 01 such jurors le~s this Coun no illternatlve but to reverse and remand Thi s cause for it new l rilll because of the eXlllanatlons glwn by the District Attorney ... For Thesc reasons, the defendanT is enTitled to a new Irial:' Speed y trial - applica t ion of Yo
Barker
Wingo Slt~e/e v, SUI/(', 8 Div. 119 (December
30, 1988)-Steele was COrwicwd of kid· rrOlppinll in the second degrt.\(! ;Irld thef' In the first degree. He was given concur· renl sentences of IS years. On aPl)(!al, STeele raised a single apl>ellflte IssueIhe denial of his rlgh, to a speedy tri al. Employing the four·pan !Cst of Barker v. Wingo. 407 U.S. 514 (1972), the Ala· bilma Courl of Criminal Appeal s reversed and rendered Sleele's decision finding Ihal Sleele was denied a speedy trial. In almlying the Barker v. Winsa teSI, Judge BQ\.'.'en m~de the follO'Ning criti cal findings: HA. l.crlgth of Delay: In this case, the right to a SpK>dy trial was actlv.lted when Steele was arrested . /-I,lye5 v. Sl ale, 487 Sa.2d 987, 991 (Ala.crim.App. 1986) ... ThI:! ck>lay in Steele's case (rom the time of arresltO trial wa s approximately thrl!tl yeilrS and nine months. The delay wa s pre· sumptlvely prejudicial and sufficiently lengthy to trlggCf inquiry Into Ihe remaining Barker fa ctors. "8. Reasons (Or the Delay; mhe Stille is under an affirmaliw duty to try an accused within Its jurisdiction with a reilsonable l ime . . . Tay/or v. Stal C, 429 So.2d 11 72, 1174 (Ala.Crlm.App.). cerr. denied, Ala· bama v. Taylor, 464 U.s. 950, 104 s.C!. 366, 78 LEd 2d 326 (198 J) ... AI the hfwlng 00 the speedy trial motion the prOSt.'Culor represenled to the coun that the State 'has stood ready and willing to pr05(lcute the case' since the IndiCtment W<lS returned In August of 1986; that thc C.lSe had first 'come
The Alabama
L~wyer
up on the dQckct in March of 1988 when II W.lS cantimroollntil April of 1988; and that 'lor some reasons thai case might ha-..e fallen through the cr!.l cksln the schedu ling process: The reason for the one-month continuance Is not t.'lCplalned in the record, MOreover, the State did not cycn allempt to explilln Ihe approximale tvvo-year delily between I ~ e arrest and the indictment.
"c. Assert ion oi Right: On five sel> arate occasions, St(.'ele asserted his right to a speedy trial, the first being approximately nine months after his arrest, whi ch wa s a litt le over lwo ~ars before he was even Indlctl>d. Steelc'~ repealed requests put the St.lte on nOl ice that Ihere ~re charges pending against him Ihereby trigger. ing his con stitutional righ, 10 a speedy trlil l. " D. Prejudice: i\n accused 's ri ght to spet-dy trial remain s undimini shed CVl!n when he Is alread y serving a prison sentence: Aaron v. Slale, 497 So.2d 603, 604 (Ala.Crlm.AI)p. 1986) ... .... very signlf cant prejudice was su((cred by the de(cndant ln the loss of the opportunity to have his PrMent 5Cfltence scM'<! con currently with the time he (was alrc,ldy servi ng). There was no allempt on the I'M of Ihe State of Alab.lma to rebu t Steele'S claim of prejudice:' Finally, Judge Bowen reasoned tha t every factor of the balancing test employed under Barker lNeighs against the sta te i1nd in f.wor of Swele. ''The record before this Court shCM's an unreasonable delay withou t Justification or acceptable excuse resulting in ~ctual prejudice."
O ther acts of misconduci constitute p lain error Tabb v. Stilte, 6 D iv. 25 7 (D•.'c(!mber 30, 1988)-Tabb was (ound guilty of the capiMI offense of murder durlns a ra~ In the first degtee. Following a separate sentencing hearing, Tabb wa s SCfltenced to death . PursUilll1 to Rule 451\ , Alabllnm Rules of Appellate Proct-dure, the .... 'abilma Coun of Criminal ApPeals rcvie-wed Ihe record 10 detcrmine whether any error adversely affecled the substanllal righ ts of the defendant. in a unanimous decision, the court found th"t under Ihe cirtum stances, the admission of Ken M ays' testimony indio cating that 'he defendan t had been a drug addict and was attempting 10 'dry ou t' constituted pl"in error, Tabb's con· viction was rev(lfs(''C1 and the case rt.>. manded for new trial. During the presentation of the State's case, Mays, an Investl ga,or for the .... Ia· bama BUTCilU of Invcstlg.1Iion, testified abou t his role in the irwer,t lgalion of the offense. M¥ testifit'<l thai he took a wril· ten stmemcnt (rom Tabb follO'Nlng the admini stra tion of hi s Mlriwda riBhts. L.1ter in the trllll, and just prior to the Stale's resting Its case, the slate recallt.'tI Mays. Mays' second appe.1rilllCe wa s brief lind concemed only another oral statement made to him by 'he defendant.
Q: HAil ri ght, sir. ....sldc frOm Ihe writ· ten narrative thaI V>1l have Introdu ced here o( what he signed about his il C· tivity thai particular day, at the ~ry first of the cal'lVCrsation, follO'N lng your advising TJbb of his constitutional righ t ~, did he make any other oral statement to your' A: "Yes, sir."
AUBURN Ex p e rl Witn ess S e rvi ces Bt.c:hl!;: Slu.c:t • A.IOllloll,../ A"latlol!/Mul •• Elacln)IIIC1 • M.dlnl De"lee FaUaR • COfllplllar S,.I.fII • • Mlc:ro ...... liuud •• BlolII.dlc:.1 5,.' .... ·Ha . . .. M.c:IaI •• hl.ria« • G ••• r.1 1l.,lo •• rl_, • II ...... ud Social Sc:le.c:e.
Dr. Michael S. Morse Dr. Thaddeus A . Roppel (205) 826· 6610
143
'~nd
what was that and 'N()uld )1)U relate the question and answcr that the t'M> of)Ou had 3tthe very first of the diKussiont' [DEFENSE COUNSEll: " You r Honor, I'm gOing to object 10 the question as being repetitive. , ,~ Tl-IE COURT: "Overru l ed .~ Q: "You may answer.' A: "In the conversa tion with Mr, T3bb, he informed me that hf! had lived in Memphis, Tennesst.'e. I askro him wIT)' he wasIn Millport, Alabama, He said he had moved to Alabama, Millport, Alabama, recen tly because he was a drug <!ddlet and to get 0(( of cocaine, He w~s wanling to dry off drugs In his word s." The evidence il l Irl al fCYCillcd no other evidence thilt the appdlllnt took drugs nor 'Nere drugs in-.olvccl ln any Wir-! In the commi ssion of the offense. The defense counsel fillied to objcct lo Ihls testimony, "",d the propriety of the lestlmony was nOI raised In briefs on appeal. Ncycnheless, the court of criminal appeals found that this tcsUmony consti· tu ted plain error which 'probably ildversely affected the substantial rights of the appellant: 'We can find no purpose in the elicitatioo rJ this tesllmony, other Ihan to shON the bad character 01 the OIl> pellant. This evidence was totally IrreleVilnt and immllterial to the Instanl case and could have sUDstantlally prejudiced the appellant, In that II made the jury a-.vare of the fact that the appellant WilS a drug addict:'
Q:
Judge McMillan further reasonl!d thilt Ihe defendant's case was based on his truthfulness, and Ihe stale's Introduction of improper Testimony that was Intended to show the i1ppellant's bad char.lctCf and lack of credibility directly undermined Ihe accused's theory of defense. The predlct.lble result was re-.oersible error and a new trial.
Recent Decisions of the
Supreme Court of AlabamaCivil eivil procedure , , ,
dismissal under Rule 25 (a)(l) acts as rule of repose and is with prejudice II/Ino/s Central Gu/(R,R. Co. v. Price, 22 ABR 437 (December 9, 1988). Price filed an F.E.l.A. action against IlI1nols Central in stille coun. 1hercafler, he died of unrelaled causes. Illinois CentrJl's at· lorney filed a suggestion of death on the record. Price's attorney did not file a motion to subslitute a personal represen til' live for Price within the she·month period, Jnd Illinois Central filed a motion to diSmiss with pre;udice. Thl!' trial court dismissed the adion without preludice, ilnd the supreme COU rt granted a Rule 25(a), A.RAP. appeal. In a case of Initial Impression In Alab.lmil, the Alabama Supreme Court staled Ihal a dismissa l under Rule
25(a)f1), A.R.civ.P., actS as a rule of repose and Is with prejudice as to common law causes of action and Alabama St... tutory causes of aCllon, unless the statute c(('at· Ing the cause of action provIdes otherwise, The sopreme court no:ed, I\oYJever, thaT this Is an F.E.l,A, case and, theret'ore, the slate (ourts defer to lederi'l l,,",. The United Slates Supreme Court also has construed the predecessor of Rule 25(A), F.R,elv,p', as a rule of (('pose. This con· st,uclloo Is consistent with the Alaooma Supreme Court's interpretation of Rule 25(a)(1), Therefore, The resu~ is the same regardless of Whether Ihe federal Of state law al>plles. The dismi ssal should have bc-cn with prejudice.
Contracts , , , public policy dictates against e)(tending third-party beneficiary status to certain informationga lherlng sources Smith v, EquifJX Services, Inc., 22 "'OR 370 (Oecember 2, 1988). Smith filed this action against Mutual Bene~llIfe Insurance and Equifax claiming that she was a thlrd·party beneficiary to a con tract between Muwal and EquifaK. Equifax hired Mutual 10 collcel and transmit requested medical Information to Mutu,,1 to 00 used by it to determine ""hether they would issue a policy of life InsuranCe to her husband, Smith claimed that EquifaK breached Its cootract by a dday in transmitting medical records to Mutual. The lrial Coul1 granted EquifaK's mOlion to
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,4<
May 1989
summary judgment, and thC! supreme court affirmed. The supren\C! COU rl found thatth(! Loylden<:e fililed to establish that the contract between Mutual and Equifilx was for the dlroo benefit of Mr. or Mrs. Smith . The Information WJi not to go to or to be used by them. The supreme Court also noted that as a miltter of public policy, it is desir.lble to promote the furnishing of Information In a busintlss context. The supreme cou rt reasoned that if It held that the person aboot whom the inform~ lion Is requcsted hilS SlaMing as a third· party beneOclary to sue (or breach of the conlr,lCI, then it 'NOuld be undermining that public policy. Insurance . .• loss of consortium in uninsured motorist context discussed \M-?ekli!)' v. Stale Farm Mutual AUlomobile Ins. Co., 23 ABR 64i' Uanuary 6, 1989), Mr. and Mrs. \Ncekley were severely Injured In i1n ;tutomobHe accident with an auwfTlobilc driven by Elder, an uninsured motorist. The \<Vcekleys nled suit against Elder. and their insul<lnce carrier, State Farm, seeking damages for bodl1y injury. Mr, 'Neekley also claimed los5 of consortium of his wife as a result of her Injuries. and Mrs. Weekley claimed loss of consortium of her husband caused by his Injuries. The Week· leys hod lWO policies with State Farm, each providing UM coverage in the amoont of $20,000. State Farm ackna.vl· edged that Ihe Injuries were severe and would justify p..lYfl1ent of the fuJi amount under both poliCies. Consequentl y, State Farm lendered its UM limits to the circuit clerk In payment of Mrs. \rVeekley's in juries, and she accepted the moncy In selliemenl of her claim against Stale Farm. State Farm filed summary ludg· ment against Mr. Weekley on his claim lor loss of consor1ium of his wife, and the court granted the motion, The Issue presented by this appeal is whether a husband may recover any amount for loss ol consortium under his UM policy after his wife has been paid the full amount recoverable under the s.1me 'per person' Hmlts of the policy for 'all damages' resuiting from her 'bodily Injury. In a case 01 first impression In Alab..1ma, the SU!)rt.'fTle court said no. The supreme court noted thill the policy limits of both policies had been pold to The Alabama Law)'!'r
Mrs. Weekley. Therefore, no further recovery may be hOld, bOlse<.l upon a consortium claim, because that claim arises out of the bodily Inlury 10 The injured spouse, and not outof a separaTe bodily Injury to Mr. Weekley, A consortium claim does not conslilUle a claim for bodily Injury. Consequently, the limits of liability for each IX'IWn, arising out of the 'bodily injury' toone person, Include claims for loss of conSOrtium. Trulh-in.lending . , , 1S U.S.c. 1061, el 5Hf., construed Lawson v. Reeves, 22 ABR 348 (Dccember 2, 1988). Plaintiffs purchllsW used automobiles from defendants who did business as Rocket City Auto Sales. The plaintiffs signed a sales comract and a security agreemenl. The contract provided for 47 weekly poymentS lind stated that the nnance charge Is 'zero: and the APR is 'zero.' The plaintiffs conteMed Ihat the contract price Included a hidden Of undisclosed finance charge In viola· tion of IS U.S.C. §1638. The defendants denied that such a eliim for relief exists, and th(! trial coun agreOO with the defendants. The supreme coun reversed. The court held thilt .1 claim for relief exists under the fcdelill Truth-In-lendlng Act for non-disclosure of hidden finance charges when the inS/aliment sales contract does not di sclose an ;tnnual per· centage rJte, but the stilted price exceeds the actual value of the Ill!ms sold . The supreme coon noted thai the buyer is required to p~ by competent evidence the difference betwccn the actual value of Ihe Items sold and the stated salll'$ price. Work(!r's compensation , , , §2 S·S·l1(a) establishe$ what worker's compensation carrier is required to pay 10 employee's attorney Maryland Casualty Co. v. 11((1n, 22 ABR 383 (December 2. 1988). Maryland Casuolty provided worker's compensa· tion insurance fot the deceased em· ployee. His widow and the minor children sought damoges for his death from third parties under §2S-S-11{a), Code of A/hblJm/i (1975) . The plaintiff's attorney settled a third·p.lrty claim substantially in excess of the amount ci Maryland Casualty's lIab111ty under §2S·S.60, but stili it WilS only 20 perc(!nt of its viJlue. The
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• Court Testimony and I.R.S. Experience
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plaintiff's anomcy had ,lone-third conIingency contrilct, ilnd Marylimd CaSua1ty ilgra-d 10 IJay onlHhird of the amounl reimbursed 10 il and one-Ihlrd of Ihe fulure tlabilhy from which II W,lS released as il~ proportionate amounl of Ihe attor. ney fcc under §25·5·11(.,l, Code 01 AIIIb.:lma (1975), The trial courl held Ihat since there was evidence thaI they Il!ceilo1.'d only 20 percenl d lhe value dlhe Case (less Iheir t?lI:pensesl, Maryland Cas.. ualty should receive the same percent of Ihe amOunt It h3d paid and would haY(!
I),lld, less attorney fees, under the Common Fund Doctrine, The supreme court disagreed. The supreme court SI31ed thilt there is a statutorily preKribe<! common fund doctrine imoolved in a third-pMty recovery in tht! worker's compens.ltion context. The plaintlfl\ contingency fee contrOlct with their attorney proYides that the attorney shall receive one-third d all sums recovered. M..uylilnd Cilsuilhy is to pay one-third of all SlA'llS that It recovers from the common furd and one-third of all S~JmS It is reli~ of paying due 10 Ihe common fund. No more than that Is required of It under §25-5-1I(a), Code of Alabama (1975), or any equitable common fund doctrine.
Recent Decisions of the Supreme Court of the United Slates Righi to consult wiln defense during break- Ceders distinguished ~IfY v. Lreke, 57 US LW 4075 (January 10. 1989)-15 a criminal defendant's Sixth Amendment right to coonsel viOlated when, during an interruption in his testimony, he is bilrrCd 'rum conferring with his lawyer' The Suprem(' Court, In a sixto-threl! decision, said no. In Cctkrs v. United 51.11('$, 425 U,s. 80 (1976), the Supreme Coun held that 31rial coon's order dire<:tinga defend,1Il1 not to consult his attorney during an overnight recess, called while the defendant W<l S on Ihe wilne$s stilnd, violated his Sixth Amendment righ t to the assistance of couns('1. The SuprcOle Court, In Pc"y v, l-eekc, considNcd whether the Ceders rule al>l>lles 10 a similar order entered at
Forensic Meteorology & Oceanography NAS II C. RODERTS, JR. CONSU LTANTS, INC. has ovar 40year. experience In lorenslc mOloorology end lorens]coceanograph». W. hnv. a 1\:1;11 01 mature and axptrlenctd se/tntists w.h Impeccabte credentials In all 01 tha atmospheric and ocaanographlcdisdpUnfl$. These nationally rocognlzod pro/esslonals ara capable 01 cordUCIlng InYOtved !ovesllgatlona. reconstructing weather and marine conditons anywherein thaWOl"ld, and ar. tmlnenUy Qualified to appfIl\I" In a:llpan tMtlmony.
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146
New Orkans. I..A 701 16
(504) 581-1688
thc beginning of a IS-minute afternoon recess. AI the conclusion 01 Peny's direct testimony, the trial Judge declilred a 15minute recess and ordered tMt Perry not be illICM'Cd to talk to anyone, including his tawyer, durlnglhe break. In affirming the defendant's conviction, the South Carolina Supreme Coun ruled Ihat Gcdcrs v, Un/red Swtes, SlJpriJ, did not apply because Hnormally counsel is not permitted to confer with his clienl between direct and cross-examination:' Justice SIC\It!ns delivered the opinion of the court which h('[d that the federal Constltulion docs not compel a Irlal Judge to nllow a criminal defendant to confer with his allorney during a brief brenk [n his testimony. The Justice rcasoned that, "It is an empiric31 predicate of our system of justice th~t, quite (Ipart from any que~tion of unelhical 'coaching' cross-cx,'uninatloll of an urlcoun~lccI wltncss, whether the defen· dant or a non.<Jefendant, fo'Ic,.... [ng direct ex.'lmlnatlon is more likely to lead to the diKoYery of truth than is cross-examina· tlon of a witness gi~ time to paVS(! and consult with his lawyer. Thus, although II may be appropri~te to prevent such consultation in individual cases, the trial Judge must nf.Wrthelcss be allowed the discretion to ma[nlain the status quo durIng a brie/" recess In which there Is a v[rtual certa[nty that any cOllJCrsation beIwccn the witness and his lawyer would relale exclUSively to his ongoing testimony:' The court drew a distinCTion between Perry ;1I1d ils rvUng In CederS on the facts. The court (Casoned that, "111C! long inlC!truption In Ceders was of a different character bee.luse the normal consu lta· lion between nl10rncy ;lIld cllen! thm oc· curs during nil overnight recess would encompass mailers that the defe nd"nt docs hiMJ a constitutional right to discuss with his lawyer-such as the ilVai[abillty of other witnesses, trial tactics, or even the possibility of negotiating a plea bargain-and the facl that such discussions wlll lncvltably Include same consider;]· tion 0( the defendan t's ongoing testimony docs nOt compromise the 'caslc righ t in that instance:' The A.'rry case also answered a secood Important question, The coun held that a showing or prejudice Is not an essential component of a violation of the May 1989
Ceders rule, In IIShl of the fundilmen tal Im,)()rl,mCe of the crimin al defendant's constitulional rlghllo be repr(!54;!nted by counsel. Habea s corpus-cxhaustion of stale
remedies Dugger v. Adam5, case no, 87-121 (February 27. 1989)-W,lS a convicted Florida murderer pr'CCludcd from rai sing an issue in his federal habeas COrpuS petilion bec,luse he taBoo to raise il in the
Interference with Busim.'Ss Relations (continued (rom P<lge 141) While the COl.rt in Cro5S left unclear Ihe scope of the justificatIon defense 3nd the evidentiary standards for eslilblishlng it, subsequent cases have shown th{lt wilh Ihe demise of the )(I ntllla rule and the question on the borden of prOOf, justification may be more of an approprlat<l Issue for summ(lry judgment, Sec Finley, supra; DunnivJnj v. Hi-St.1te AulD ParIS, 851 F.2d 1575, (11th Cir. 1988), tndeed, what could develop is an evidentiary siandard akin to federal discrimination claims where (I) Ihe plaintiff has the burden to offer proof of the four olher element$ of actionable Interference; (2) Ihe dclendant then muSI articulate or show some evidence of justincation; 3nd (3) the pl3intlff, In turn, must l)rOVC thai the arlicul3ted ration31e is pretextual for an intl.'f1l or moti¥(l to harm the plaintiffs business. This ~identiary standard would be more consistent with the emphasis 1)laccd by Cllm and Its pedigree
Florida appellate cou rtst The Justices, In a five-to-four dedsiQn, S<lid yes. Dugger had argued successfully before the Eleventh Circuit that his jurors \Yere misled about their role in sentenci ng. a viol3 tion of his Eighth Amendment rights. Justice White, writing for Ihe majority, held thatlhe Eleventh Circuit should flOt hiM: ruled on lhe merils of DUJSger's petltlOIl OC'C3USC Ihe tury in$!ruction Issue
had nOI been argued, r.llsed or preserved In the stale appcllute courlS. Juslice White noted:
on the actol"s mOtive in effecting the alleged Interference, while affordin g real protection to a deft.'fIdant's aggresslYC but lawful acts.
shovvs by clrcumsl3nti<ll evidence thllt other p.1rties p.1rllclp.1ted in an agreemenl to effCCl the inlcrf~e. ld, JI6SI ,
"'The ground for challenglnglhe trial Judge's InSlruC1lonS-11at they \Yere objectionable und(Jr SIMe law-wJs a necesstlry element of the subsequently available (federal) claim arising from a Sup~e C()4.Jrt decision issued after the defendant had exh3usted dl recl appe3ls.N •
V, Conclusion
IV. Conspiracy to interfere The IImll3tions Imposed by Grou al>' parently did not affect the availability of Ihc separate lort claim of conspiracy to interfere wi th bU 5i ne~s or relation s. Prior to Crou, the supreme court held Ihal If two or more p(!r5ons planned or partlclPilte(! in an ocIual lnterl'crcoce, they were liable for the separ.lle tort of conspiracy to interfere. E.S., Purce ll, $IIP',l at 527, Unlike tr.lditional consplr.lCY law the essence of tort w.:JS not the conspiratorial agreemenl bUI the Inlerference carried out as a result of it. Withoul Ihe clements of the underlying tM, I,e" actu31 Inter· ference and damage, the claim failed, Id. The supreme court in Fossett v, Davis, 531 So.2d 849 (Ala. 1966), held thtS claim for conspimcy Is stilI ;wail3ble If a pany eswbllshcs the CrosS clements and
Critics with some Justlflc.lllon have 3rgued that a tort of imerfercnce with business relations not only is too VJgue, but fundamentally inconsistent with an economy rounded on free and vIgorous coml>Clitlon, This difficulty of reconciling a tort o( interference with the comp(!l ltive order in the United States becomes more acute when the dclen<!ant coml>Cthor 15 rC<lulred to prove that his conduct was justified under some undefined subjective standard to be submitted 10 3 Jury. What Is fundilmenlally dear from Gross and Its prodi gy Is Ihl1l the broa<! elements of the new tort sketched out In Cron need subStantial "neshlng ()4.Jt" and clarification, particularly on the justification defense If buslnes!ICS are 10 be afforded the certainty promised, but undelivered, by Cross v. Lowder. •
All The Law On:
DEFENDING THE DRINKING DRIVER IN ALABAMA (Including Jury Charges) Cost $50 00
115 pages order from: John Edmond Mays P.O. Box 655 Decatur, AL 35602
Tilt! Alabama lawyer
14 7
Committees CommillCes and Task Forces work hard in many ilrcas
The har's commluces and task forces have ~rked steadily throughout the ~ar Jnd have much to show (or their dill.
gence. During the months of M,lrch (lnd April, committee and task force chair· persons reported their accomplishments thuSfilr ilnd their 80.115 for the remainder
of the bin )'Car. FollOWing are hlghllghls of some of those reports:
Committee on Access to legal Set· vices rC(IUcst(.'(1 and r(.'Celvcd a grant (rom the Alabama L.."I'N Foundation (ALF) in Ihe i1mQunl 0( S25,000 to flln d [lleg(ll needS SUI\.o1'!y for Alabamil. The survey will take place during 1989. 0lhercommince I>rojects Include coordinating a statewide 'LJwllnc' progr.lm with thc
SouthTrust Banks, NBC·TV aflil1alCs and locill biJr associations In Birmingham, HUnlsviUe, M obile and Montgomery. The committee also has prcl>.1rcd a series of ill'licles M subjects of Interest to senior citizens 10 be mailed to Ihe StiU e'5 daily I'CWSpaPCrs in recogni tion of May as Senior American;' Month.
Task Force on Alabama Rult.'s of hi· donee activities have been plaCed on hold while fhe Mvlsory Committee of the Alabama Supreme Court is drafting proposed rules 01 evidence. Task Force on Aitern ati vl'S to Dispute Resolution spent many hours redrafting Ihe proposed Alnb.1ma Arbitration Act for inlroduction during th is session of the Legislature. The I<Isk force Is also s t ud~ ing the vJrious mediation programs across the state to determine whether a bar-SI)OnSo red media tion I)rogram should be recommended for implementiltion. Character lind Fitness Committee, P.lnel II, met In July 1988. Intervlt.'Wlng she I>.lr applicants. Five of the applicants were approYed a'ld one was declined. The committee also met In February 1989 and interviewed two studen t appli. cantSand one bar applicant. One student applicant was approved and one was
148
continuro for further Investigation. The bm applicant also W.lS apprOYl'd. T.Isk Force on Iht Implic. tions of Compulsory B.r Membership revleoNed the Implic.. tions of Ihe federill district court decision in the Levine v. Supreme COurt of Wisconsin, 679 F. Supp. 1478 (W.O. Wise. 1988), holding that II WIsconsin lawyer was not required 10 be a member of tha t Slllte'S bar as a condWon for practicing law in that state. The task force reviewed Ihe structure of the AI;!· l).lm;! Stilte 8M in light of the l.Cvinc decision .md conciudl'(l thOlt the AlilbOlmOl State Bar WII S slgl,lOcllnt ly different from Wisconsin's bar and probably any other and recommended that the bm not par· Ilcll>3le as amicus cwa" or otherwise In the litigation. CThe district coun's decl· ~iOflln /.cVine h{ls since been reversed by the Seventh Circuit Coun of Appeals.) Committee on Continuit y, Programs
.,rId Priorities has met one time and con-
ducted its business primarily bv correspondence because of the gcographic dispersion of its members. The committee members focused their atlention on three basic mailers: (II maintaining con· tlnuity of programs from year to year In the face of annual changes in the leadership of the the bar; (2) standardization of bar commi ttee report>; and (l) analysis of North C'lfolina'~ Graylyn Conference report 10 deTermine If it con tains recommendations <1nd conclusions u5e(ulto The Alabama Stille Bar. A preli minary rec· omcndatinn will be Ilrellarcd and circulatcO for commen t among committee members, the ba r president and the ex· ecutive director of the 1>..1r. A final draft then will be prepared (or 5\tbmlssion in e.. rly June. Task Force on Facilit ies for the Ala· bama Sl lIle Blir met to determine the present and (uture n(!C(js of Ihe bar and make suggestions to the bar sla(( and ar· chitect retained for the project. The task force will review the architect's drawings of the proposed new .ddlUon to the bar
hcadquaners and make appropriate suggestions, Task Fortf on illiteracy studied the high Incidence of adult illiteracy In the slate and existtng progrJfl'S to decrease adult illiteracy. The tilsk force wiU con· tact local bar associations and encourage each to establish .. standing commi ttee on illiteracy to recruit locdll~rS to become Irl\lO(ved In local literacy programs. The task force also Intends to recom· mend 10 the bomd of bar commissioners the adol)llon of a rt.'SOlutlon calling upon th t.' Alab.1ma Supreme Court, the Admin· Istratlve Office of Courts ~nd all cou rts In Al abama to addreSS this problem through the judicial s~tem. tndigent Defense Committee is con· centrating its e(fons on revamping the in· dlgent defense system in Alabama. The AdmlniMrative Office of Courts has commissioned ABA consuhantBob Spangenberg to prepare a report proposing alternative solutions to the problt"m. The report will be reviewed by a small commit· tee appointed by the bilr, NJC and chief justice, suggC5ting the best legislative propo$i\l to improve the quality of indio gent defense in Alabama 'lnd <;QI~ the underfundlng problem. A proposed liST (or membership on the r(!\'lcw commit· tee has been prepared by HJc. The p~ posed li st will be reviewed by the Indl· gent defense comminee to prcwlde Input to ACC reg.nding other possible memo bers fOr the revil,."W commillt.>e. Task Force on th e Proposed ludidal Building reports that the architectural firm of Barganier, McKee & Sims of Montgomery In association with Gresham, Smilh of Birmingham Is the architect (or the judicial building. The land for the buil<llng site has been l)olrtly acqul rro, Slwral tract s are being negotialed for and other tracts will be the subject of condemnallon. Task Force on the judicial Selection Process has met on three occasions and diseussed the curren t status of litigaTion
Mill' 1989
having Imp"ct on the judicial selection process .lnd studied l>ropo5OO IcgisJatlorl before the legislature Ilr<Wldlng for non· P<lrtiS(ln el(!(tion 01 judges. In the Interim between mC(!tings, a consider,lble num· ber of publl~hed items (rom newspapers and others sources bearing on the mission of the task force were circullllOO to ta sk force members. Although the task force has been assisted In lis study 01 the merit seloction ~rca by a representatiYe of the American Judicature Society, the task force bclllMls that the Implementa. tion of ncn-ilartisan cloctions may offer a more realistic opportunity fOf Improvemenlln the Alabama system at thiS l imc. The lltigatlon Involving the Judicial system has caused Ihe ta sk force \0 I)rocced at a more delibera te pace than (lrst ant iei P<l!L't1. Task Force on Legal Education will visit each of the st.lle's five 1,1W ~hools and meet with Ihe deans, curriculum
chairpersons and other appropriate per· sonnel. In addition. the t\l5k force will obtain catalogs. curriculum and faculty Information and class schedules, as well as informalioll on the library and pl¥ic<l1 resources of each I~ school.
fcrence In September. The commi ttee decided against sponSOl"ing an office equip. ment and service exposition althe 1989 annual state b.lt meeting. but will cor"!' sider sponsoring an exposition at the 1990 meet1ng.
Committee on Professional Economics completed lis performance ('VOlIuation of the bar's endorsed law omce management consultant and concluded Ihat he has provided s..l1isfaclory services to all clienlS in Alaooma who responded to the suI"ye'f. The commi"cc concluded, based on a lack of rCSpon~ to an advertlsemellt appearing in The Alabama Lawyer, that the fOrmation of a Professiona l Economics Section be deferred to permit Ihe commi ttee 10 concentr<11e on other artJas itnd develop more Interest In a section . Also, the commillee will sponser a joint seminar with the Ala· b.1ma Legal AdminlSlr.1tors during its con·
Task Force on Substance Abu~ in S& ciCl y has a subcommillee Investigating the posSibility 01 the b.lr'S producing and sponsoring television spots directed toward the substance abuse problem in a statewide public service campaign. The ta sk force also Is studying establishing it lawyer's speakers bure<lu 10 speak on the legnl consequences of substance abuse. A questionnaire will be millled to Individuals invoJ..,.>dln substance abuse progr,lms across the stille 10 obtain in(ormatlon on how the bar association can most effectively help them. The I.15k (orce's chai fllCrson was 10 speak ill the Gover· nor's Conference on Drug Abuse Awareness held in Monlgomery in April. •
Riding the Circuits
Chambers County Bar Association Picwrcd ,1bove lire, 1('(110 righI, Gres ward, new president of/he Chamben County Bat AJisocm/;on, and Dorwld R, Cleveland, \I;ce-pr~sident of Ihe bar. No/ pictured Is Donald M. Phillips, secrewy!/feasurer of tnc bar.
Shctby c ount y Har Association The Shelby County Bar Association held Its annual mt.'eling in Oecember 1988 and elected officerS fOr 191.19. Of(icers <lre: President: PJlr1c1a Yeager Fuhrmeister. Columbiana Vice-president: John A. Mc8rilyCr, Birmingham Secretary: Stuven R. Sears. Montevallo Treasurer: Henry E. tagman, Birmingham
• The A/abamil Lilwyer
149
Opinions of the General Counsel by Alex W. lackson, assistant Hener.. 1 counSel QUESTION,
...
"The undersigned is .1 licensed atlorney prilcliclns law in .. . Alabama . For che ~$' several years, the allorney has reprl'St.'fItlod an individual doing business as a tire shop (herei"aher the 'Shol)()Wncr'l. ':.\pjlrOXln"ltely fOUr yearS IlKo, tilt! shopownL'I' referred one of hi$ workers 10 the attorney for the IIuq>osc of fellr~ nl'
ing the worker In II di vorce Ilrocclodlng (hcreinilrter the 'worker'), During the coursc of tha t representation, Ihe worker lold the illlorne)' tholl, while moving Ou l of the mario lal home, the worker had injured his bade, The divorce was concluded, and the a Uor~ did no t represent the worker on any su/)s(!quCft (l(casion, At ;Jppro)(im;lIcly the same lime the shopowner and the worker had a dispute and the worker
went 10 lhe sOOs)(M'ner's place of busint'SS, removed his tools. qui! and lold the shopownC't he W<lS going 10 sue him. "The aUorner has represenled Ihe shopowner (In d continuing basis, ,lnd sIIbsequenl 10 the condusion of Ihe divorce, the shopowner notified the aUOrtll'Y that he had been SUl'tl by the worker. The attorney Informed the shopowner thai he w~s unable 10 represent him in Ihat matter bt.' (ause of a connicl of interest, and advised the shollOWner 10 seek olher counsel. "During the course of representation in olher mailers, Ihe shQpowner informed the attorney thilt the laws uit against him by Ihe former worker is a worker's compenSdlIon wit, daiminH that Ihe ex·worker was Injured while employtd by the shopowncr, during and in Ihe course of his employment. The shOIKlwner h,l5 also informed his attorney that the suit is enlirely baseless, and the deposition testimony of the ex· worke r is entirely untrue. The ShOtlOWner alleges th,ll he was present allhe lime of the alleged inlury, and slates thaI the testimony is perjured. "The ethical dilemma faced by Ihe atlOrnl'Y is the worker lold the allornl..,. Ihat his back injury occur rl>d while mo .... ing oul of the marital home. The lawsuills bared Ul)On the self-same injury, and Ihe attorney belil'Yl'5 the worker Is ~r· petrathlH a frllud On the ( (lurt . The information which was given to the attorney by the worker was not releva nt to the domestic relations case, except in$Ofilr 01 5 il was confided to Ihe attorney in the coul'Se of the worker's st"tement thilt he had removed his belongings from the marital home. "M;lY thl! illlorflC), reveal this informlltion Hiven to him In Ihe course of his represe/ltiltion of the worker, and If so, 10 whom should such informillion be dlvulgedl"
150
ANSWER: Discil)ti nary Rule 4·101(A) dcfin~ il d ient's secret as •. , . inf()(mation gJlned In the professional relationship that Ihe I;lient has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrlment,11 to the dient." Disciplinary Rule 4.101(0 proYidcs Ihat " lawyer may n.~al ..... (4) 1;000lidcnl;es or secrets wnen required by law ... or (5) Ihe inlenlion of his dient to com· mit a cri me and the Information neceSs,l ry to prevent the crime:' (emphasis added) Ethical Consideration 4·6 statt.>s that Ihe obllg<l1lon of II lawyer to preserve the confidences and H.'Crets of his clienl continues afler the lerminnl10n of his employment. In Opinion 4-86 Ihe Professional Ethics Commiltee of Ihe Queen CounlY (N .Y.) Bar AsSO(iation opined lhat while •... lhe Code refers only to 'I;rimes', frauds arc considered to be crimes fOr purposes of disclos\ne:' We are of the same OI)Inion . We also are of Ihe Ol)inlon, based upon the filcts (ited by you, Ihatl his fraudulent conduct of Ihe dlen. is condn uing in nature. We feel, therefore, thllt you should apl)roach the die nt and request thllt he Immediately rectify this fraul;! and disconlinue his continuing fril udulenl course oi conduct. 'vVC would fl'Com mend Iha! you advise Ihe cllent lhat should he fall to do so, you will rt.'Veal to the proper au thorities the intention of the dlent 10 C;ommit iI fr;llJd and such Informa· tion as necessary to prCYl!nt the fr.lud .
DISCUSS ION : A lawyer must c~ercise great caution before YOluntilrily Ie\.COIling secrets gained during a professional relationship. H ~r, the Code cannol be construed In such a w;ry as to make an altorney lin unwitting accomplice to a fraud or a crime. In the Instant Cilse Ihe Iilwyer did not learn of the Intention of his former dient to commit iI fraudulent a( t or (ri me du ring the course of his represen tation of tfle dien t, "~r, he did learn the fact upon whkh the (r;lud was based . It wa5 1he subsequer\1 usc of that secret by the client thai constituted fraudulent conduct and It was only upon the t.se of that information Iha' Ihe duty arose for disclosure. T~ ron tinuing nature 0( the fraU(!, the likelihood of harm to Inno«'/It P'lt1les and the probability that the fraud will nol be discovered withoul diSClOsure by the lawyer weigh heavily In our opinion lhal dlsclosU/e under these filcts woukl be per· missible. However, we reiterale that the lawyer should first call upon Ihc dlent himself to dlscorltinuc his friludulent conduct and to rectify any hMm already done. Should Ihe ditmt wluntilrlly take Ihls ;lClion, then we feel II would be InalJpr<;
May 1989
prime for the auorney to make arty disclosure unless ordered to do so by a ,ourl or otherwise required by the provisions of DR 4·101. IRO·89·12J NOTE: Proposed Rule 1.6(b)(1) of the Rules of Professional Conduct, now pending before Ihe Ala1>am.1 Supreme Court and as recently published for ,om· men! through April 28, 1989, if mpted, would change this opinion . The proI)()sed rule allows disclosure to the extent necessary "to prevenllhc cllelll fmr Tl ,0mmlHing II criminal ael tha t the lawyer believes is /ike/'( Io rC5u/t In Imminent dcMh or subsfanlia/ bodily harm.N (em· I)hasis added) •
Dispute Settlers Wanted Arbitration Forunls Inc., 8 nonprofit organiza tion with over 40 years experience in resolving insurance relnted diSputes, is looking for Alabama bar members with demonstrated objectivity 10 serve III arbitra· tors/mediators for our Accident Arbitration/Medintion Forum. As lin arbitratorl medintor, you will be asked to resolve allY insurnnce rei D.led dispute either through binding arbitrntion or advisory mediation. For more information call:
(800) 426·8889
IOlTA Grants Awarded The Alabama Law Foundation has made 'the n~1 grants or tOLTA funds, aw.mling $227,492.50 to 20 applican t ~ Pursuant to the supreme courl ol'der. grants were made in thc ca tegories or legill aid to the [)OO(, imf)rovlns the ad· ministration of lustice, providlnglilw.related education to the publl, i1nd supporting local law libraries. Funds for grallls '.Yere provided through the Intcrest on Lawyers' Trust Accounts (lOLTA) program, which ,,!lows allorneys to convert their pooled client trust ac· countS to NOW ilccounlS. Financial in· stltutlons then forward the Intell,.'$l earned to the AI"b,II11i1 Law Foundiltion. Current· Iy 56 percent of those attorneys eligible to l).lfllclpate In IOLTA are doing so. A lotal of $50.977.50 was diMrihu1Lod 10 local law libraries. The roUowinglibr<'lries received grants: 1. 2. 3. 4. 5. 6. 7.
Colbert County l.aw Libr,uy Barbour County L1w Librilry Montgomery Counly Law Library Genl'Vil County law library Baldwin County Law library Wilcox County Law Library /errerson County law Library a.. H untsvlll~son County library 9. DlIlias COU llty l aw I.Ibrilry 10. L..lWrcnce County law Library 11. Tdllilpoosa County LlW library 12. Dale COl,mty I..lW Ubr<'lry In the ca tegory of improving the ad· miniStration of iustke, $70.000 was dis-
trlbuted . The Court Appointed Juveni le Advoc<'lte (CAJA) program 01 the M..ldi~ CoonlY juvenile court recell.Ui funding to help .ldminister its program, which trains and al)points 'oOlunteers to help ~ the cases of abused and l'Ieglectcd chil· dren through the juveni le court s)'Slem. The Mitigation Program of the Alaooma Prison Project, which performs an investigative function ilt the lrial level for at· torneys al>l>ointed to capital cases, and the Alabama Capit.}1 Rcpresclll.ltiOo Resource Center also recelYCd gr<'lnt5. In helping provide legal aid to the poor, $90,000 was aw<lrded \0 three rl-,(;i· pJents. The Mobile Bar Association received runds fOr its pro bono progt<'ln'l. The AI.lbama 5'.}H~ Bat Committee on Access 10 Legal Services received a grant funding a SUf\ICY to dCtermine the Cl<tent of unmet legal needs of the poor, and legal 5ervkes offices In Alnbllmil reo ccl\l(.'(/ funds. The sum of $16,5 15 WJ5 ;'lw<'lrdl.>d for Iaw-relmoo l.>ducoltion to the publiC. The YMCA!Young Lawyers' Section Youth Judicial Progrdm receiYl.'d il grant to make the progr.}m wolUab/e to more stu. dents, and the Soutlwrn [nvironmental Law Center received {undlng to publish brochures on wetl'Ulds l:r.v. These grants present an example of how JOl.TA funds (Ire being put to use. Ir you afe nOI already puticlpating in IOLTA and would like to, contaci Tr<ley Dilniel at (800)392·5660. •
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W. Palm Beech. FL334O!I
14()71 686·9060
The A/ilbilm/l Lawyer
SMITH·ALSOBROOK & ASSOCIATES BOBBY D. SMITH. B.S.. J.D.. President
P.O. Boll 3064
Openka, Al36803
(205) 749·1544
151
legislative Wrap-up by Robe rt l. McCurley, Jr.
The Alabama Securilics Commission, by resolution adOI)ted October 30, 1986, requestoo thc Atabamil law Institute to conduct an in-depth study of the Alabama Securities ACt, focu sing specifically on the Uniform Securities Act (1985) as adopted by the NllIlonal CorlIcrerlce of COmmissioners on Uniform St'lle laws. The present Alabama SecuriTies Act w.JS enilcted approMimately 30 years ago by thc Alab.1rna Legislature.
various perloolc amendments have been made, but there has IlOt been a comprehensi'.1! study of the securities law until this revision. The InsU!ute subsequently appointed the following to the Securities law Commh tce: l. Burton Barnes, Ill, chairperson Birmingham Manning G. Wa rren, Ill, reporter Tuscaloosa louis H. Anders, Jr. Bi rmingham Carolyn l. Duncan Birmingham Meade Frierson, III Birm ingham Carl l. Gord ay IJIrmh\ghfim Mobile Marshall H., Hnrrls ThomiiS J. Mancuso Montgomery James L North Birmingham Charles C. Pinckney Birmingham Vena C. Samford, Jr. Opelika William j , Ward Birmingham H(lYlard P. Walthall Birmingham C. lmimorc Whitaker Birmln8ham James O. I'ruen, chai rperson, Alabama Securities Commission R. Frank Ussery ilnd successor Robert Rash, dirt'CtOrs, Alabama Securl!le5 Commission SUbsC(IUent to the establishment of the Securities LlW Commlnee, the National Conference of Commissioners on Uniform Stolle Laws withdrew thc Uniform Securities Act (1985) for further siudy. HOoM!\Ier, its effom did generolte conSlfuctlve discussions among members of the NOrth AmeriC(ln Securitles Administrators Association (NASAA) and the American 8ar Association, among others, regard. Ing numerous iswes of coocern In the regulation of securi路 ties matters ~ the states. Because of various proposals developed as a result of those discussions and OOciluse the Securities lnw Commillce perceived that It would be in the public Inll'~t to corHlder till:$(! proposals and SI)C(lnc
152
issues that had arisen in the <1dministration of the Alabam(l ~u r1ties Act, It resolved to proceed with thc study. The nrst coml)lcted draft of the rt.~l sl on dated June 1988 was mailed 10 over 300 individuals, organilatlorl Sand li Ssodations having an Interest In securities law, A second d r"ft is the result of consideration by the committee of recommendations received to the first drllft, The most Significant substantive Ch,l!lges l)rQposed by thc committee include the follQYIing! (I) Transactional exemption from registration: This proposal, at j,/abama Code 搂8-6-11(al(91, 'M)Uld substitute Ihe NpUlchaser" concept for the present "offercc" concept in determining the availability of a statutory exempt on lrom regi5trlltion for offerings of securities to a limited number of Investors. Under the existing law, an offer of securities made to more than ten persons, regardless of hO'N many of !lu.'SC actually purchase the securiti ~, v.'Ould render the I'!>lemption unav'lilable. Under Ihe proposed revision, an offer could be c>l tendt d to morl! than len persons ilnd would be C>lcmpt from rcgl strJtion as long as there were no more than tcn purchasers of thc securities. (2) Marke tplace exemption fro m regis tration: This proposal, at j,/abama Code 搂8-6-10(7), would extend the current exemption of exchange-listed securities to all 5eCurities, whether exchange-listed or tr<tdcd In the over路 che-counter market, which are designated as "n{ltional
Aobell L McCUI!e,I, JI , is lhe d,f8CfO( oIlhft A/abam. Law InsllfU11J BI !he Un/Y&fs1fy ol Alabilma He fIJCfJNfKi '!.Is vneJe1flf8duDIO and law
degf6fls ffom lhe Un/WrsJly
Ma y 1989
TAX
market system" securitics and meet exist· lnH listing criteria of the New York Stock Exchilnge, the American Stock Exchange or NASDAQ/NMS marketJ.
(3) Regulation of If1\Ies lmenl advisers: This proposal ""Ould provide regula tory protoolon to Investors who deal with in· vestmenl advisers. Similar regulation has
oc'Cn enacted by approMimmcly 40 other states to combat frauds estimated 10 be annually In excess of $500,000,000. It would prohibit
II
number of fraudulent
and abosi~ prcKtices and would require reglstr.lIlon simili\f to that already required of brokCfldealers In this Slate. (4) Registration by nolWcalion : This l)fOposa! would eMp;lnd the ;w,lllability of registr<ltlorl by notifi cation, the slmplcst method of registration under the statute. It would become <lVililllble to all exchange-listed and over-the-counter securities wh ich are designated as "nalional mnrkel s~emH securities, In addition to the seasoned issuers for whom the procedure Is now available. (5) ReglJtrlltion by qualification: This ptOposal would eliminate several requirements which pr~clltioners ha\IC vl~ as unnecessary IMpediments to the procedure for fuU registration. The sUggc5ted rcvlslOns Include the eHml no1lion of the bond requirement for issuers and the requlrcmem !lmt ilny applicllrll fOr registra-
tion be a dealer.
1\T E1\ 1( )J\ Y
The Graduate (lL.M.) Tax Pqrom
Emory Uni\'rllity School of law Invite, IIppllcatknl from fu ll' lime lind pllrt.tlme Itudent.. degree lind nOIl.degrer tllndidme. ~lIke. Classes arr Icheduk-d III 5 I'. M. lind 8 1'.10.1. every weekday ~nin8 except Friday. Regularly offered course. include:: III
Advanced Buslnm Planning Advanced Corporme Tax Problem! Corpomte ReorinniulIlOIl' Corporate TIiMatlon Deferred ComP<'lIJmloll Ealme Plonning Exempt Org3nl~:ltlollJ and Private FoundllIioos Income TIIMlltiOO ofTru51J, E!tate5, Gramors. &. Bc:nenclllriel IndivldulIllrv::ome li1Mllllon
ImernlltiOllll1 TIIMlItlon ~rtnenhlp Taxation Real Estate TrMlilCllonl Selected Income TaM Topics Swte nml Multlstme TaxDtion T~M Accounting Met/xxII TIlM Crime. And Penultie. Tax Conuoversies and Procedure Tax Ethia &. Malpl"\ICtlct Tax Rescarch Methods Wealth Transfer TaMlliioo Scholfluhlp B5SiltlIllCe il Ivollable. For more In(ormatlon lind an nppltcmlon. call or write:
Office of Adml"iOlu Emory University School of low AdlinUI, Georgia 30322 (404) 72 7-680 1
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The foregoing represents some of the n"lOre signilicant substantive revisions proposed by Ihe commiTtee. In addition,
John H. Davis III , PhD, MAl, SRPA , A A, prcsidenrofBusiness
the noliee and hCilringl>fovlslons of the statute would be .. mended to conform
Vnlun(iot1 Services Inc.• is the only clcsignac<..-d ASA Business Valuation appmiscr in Alobmna. Business V(lluittion Services provides
with the Alabama Admlni Slr;J!I\IC Procedures Act. •
consultation t", rhe ilOllr, appmisal reports (mel expcn ct'stimony
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o Esrntc planning o Esroce settlement o Murirnl d is,,<olutions o Rccapimlizatioru o Employee stoCk ownership
For more information contacl Bob Me· Curley, din.'<1or, Alab.lma Law Institute, P.a. Box 1425, Tuscaloosa, Alabama 35486, phone (205) 346..]411.
The AliJ/)IIIna Lawyer
in cascso(:
o Bankruptcy proceedings o M Ct"J,.'CfS or acquisitions o Buy-scll agreements o Dissident srockholder suits
plans ConmctJohn H. Davis 111 , PhD, MAl. SRPA , A 4 Office Park Circle ·
A
uite 304 • Binningham, Alabama 35223
P.O. Box 7633A • Birmingham, Alabama 35253 (105)871).1016
153
Bar Briefs Devil! announces first joint winners TO: Alab,ama L"lY'yers FROM: Richard L Holmcs, presiding judge, Coun of Civil Appeals
of the seventh annual award Judgcs with pafJllc1 careers were chosen to recei~ the Scvcnth AMo.11 Ed· ward J. Devin Distinguished Service to Justice AWiUd. $enior Judge Elbert Parr Tunle of the United 51i'llCS Court O( Appeals for the Eleventh CirculI and Judge John MinOr Wisdom oIlhc United Slales Court uf ApllCals for the Fifth Circuit WCft selected by (I commi ttee comprised of Justice Sllndra Day O'Connor of the United States SUI)fCme Court, Chief Judge Wilfred F.;:i nberg of the United SIMCS Court of Appeals (or the Second Circuit, ,md ~ior United Sillies District Judge Edward J. Devil[ of 51. Paul, Minnesota, for whom the award is namOO. Together, Judge Elbtorl PMr Tuttle, who
served sill 3nd one-hll( years as chief ludgc, United Slates Courl of Appeals (or the Fifth Circuit, and Judge John Minor Wi sdom, who scrved as circuit judgc, Unl1l."tl States Court of API)Cals for the Fifth Circuit, guided the court through
I relircd from judicial service April 15, 1989. Itilkc Ihis Opportunity 10 !hilnk the lawyers of this stale for )'Our assistance during my Judicial tenure. The courl of civil ,1ppeills has been, in my judgment, a great institution ;mel with your help will coolinue to render justice in il 51)(.'(.'(ly ilnd efficient n'I:II·II·II~(. Again, I thank you for your many kindn(.'Ssc~ and COurtesIes during my tenure.
154
thc uphcilVill begun with 810\\ln v. 8o..1(d of Education. Judge Tuule is 91 ~,lrs old arxl s1111 acliye as a Judge, authoring an ;wcrilgc )0 opinions per )'CiH. Judge Tunic received his ..... B. 0918) and Ll.B. degrees (192)) (rom Cornell Un l~rslty before beginning Jlong career In Allanla as both a prtlCticing atlomcy (1923-1954) ilnd froer,]1 coun district judge for the Fifth lind EltNenlh circuits. His gllidnn(:c of thc Fifth Cir(:uit during thC! tumultuous years of the ci\lil rlghl S nlCNenlen l is among his mosl noted accompli shments. Judge Wisdom, who turrlS 84 this month, was born In New Orleans, received his A.B. (rom Wash'ngton & lee Uni~rsity ilnd his Ll.B. (rom Tulane L..lW School, and practiced law in New Orlc'lnS from 192910 1957. Nominiltcd to Ihe Fifth CIrcuit In 1957, Judge Wisdom has served as a mcmlJ(!r of the Judicial f)anel on Multi-District LItigation (1968-79), ilnd as the pancl '~ chalq>erson (1975-79). Judge Wisdom is well·known
Picwred above are, left to righ t, Reginald Hamner, executive dlreclor, AI,l/).l m;l St<Jle 8M; American 81lr Anoci.lt/on Presicknrof:lcct L Swn/ey Chauvin, Jr. ; A5B Presldenr· ciCCI Alva Caine; and AI.lA Presidell l Roberl Raven III [he /!/89 Bar Le.1dcrshlp Ins1llUll' In CIJICitBO.
Ma y 1989
for scholarly, Incisive opinions, many of which helped denne civil right s liJW throughout the United St;!tes. The honor, established to rccognl.w extraomirwy public service ~ members of the federal ludif;iary, is named after Ed· W<lrd J. Devin, longtime Chief United Statl'S Distrlct Judge for the District of Minnesota. Presentation of the award will be made to the rtClplems at a time and place to be n.. med later. Previous Devin Aw.lrd winners Include Unltt.'{! States Circuit Judge Albert B. Maris of Philadelphia, PcnnsylvJnla; United Slall!S District Judge Walter E. Hoffman of Norfolk, Virginia; United SIJlcs Circuit Judge Frank M. Johnson, Jr. Montgomery, Alabama; Unitt.'(1Sta1e$ District Judge W'ltuam J. Canlllbcli of ChiCil!!O, Illinoi s; United Stales District Judge Edward T. Gignolll' of Portland, Maine; and most recently, Senior United Statf!S DiStrict Judge Elmo B. Hunter of K.lns.1S City, Missouri. Chief Justice Wolr· ren E. Burger W<lS honorc.'(l by a special "wolrd In 1983, and UnltlXl S\iltes Circuit Judge Edward A. TJmm, W.lshlngton, D.C., w.. s honored posthumously in 1985.
0'
hlgh~t
ethical staM.lms .. ncl excepTion.. 1 recommenclmions from cli shngui shc.'(I jurists and l{lWye~ Byrne praCTices with the "rm of Robi$On & Belser, and Is a member of the Character &- fitness Commince of the state bu Man of the Year Recenliy, Alabama Supreme Court Senior A550ciaTe Justice Hugh Maddox was nami'd Montgomery's 1988 YMCA "Man of the Year:" This recognlrlon is organized wholly by youth of the TrI-Hi-Y and Hi-Y programs. Tnl$ year's selection of Justice M ..ddox wa~ the result of nominaTions by each of 42 Montgomery County-based units.
- The Cour' Briel Jarw.rary 4, 1989
local Rules of Civil Procedure-15th Judicial Circuit On February 6, 1989, certain r«om· mended rules were approYCd unani. mously i1t' the judges o( the ISth Judicial Circuit. A copy of Ihese rules can be oblilined from Dot Wilson, Executive Director, MOntgomery County Bar Association, 30S S. L"wrcnce Strei)t, \o1ontgomery, Alabl'lml'l 36104, (20S) 265-4793.
Chief Justice Hornsby meets with Florida officia ls
lu~tice
Byrne elected Fellow The Americ .. n Bo.lm of Criminal t..1Wo ~rs announces that D.wicl B. Byrne, Jr., of MonTgomery, has been el<!Ctoo as a FC!lIaw in the AmeriCiln 80ard of Crlmlnallawyers, a group of crimin .. 1<l1Tomcys (rom throughouT The United States, Canada and Phillipines. The standards for accel>t.lnCe are ...cry high, which in. cllrde miljor felon~ trial r('(lu)rcmcnts, lhe
l eglsl .. lUre, was officially ((!Cognized before 500 high school students III a ban· quet December S.
Maddox receiving his award
After a six......cek period of presentations eilCh nominee, the p~ of elimination concludes with the scrutiny of each finOllist through exten>ive research and perSOnal inlerviews with the nom lncc's associates, collcilgues and friends. Justice Maddox, who had been Instrumcmalln crea ting the Judiciall'rogr.lm for the YMCA-SI>onsoroo Alab..lll1a Youlh ()11
Alabama's Chief Justice Sonny Hornsby met r«ently with Florida ~rr~r Bob MMinez ilnd the Chief Justice of Florida, Raymond Ehrlich. Hornsby discussed court matters, Including ;u-.cnilc JUSTice, wi th the two Florida omcials at a meeting of lhe Natlona! Conference or Chief Justices In Orlando. •
HUNTSVILLE!
GASTON NICHOLS PROFESSIONAL AUDIO SERV ICES
July 20, 21, 22 Alabama State Bar Annual Meeting
EXPERT WITNESS CONSULTANT
The Alabama Lawyer
TAPES ANALYZED • INTEllI~lSll1TY ENHANCED NOI$[ MEASUREMENTS AND ANALYSES
(205) 59 1·7346
ISS
Memorials of Education for many years and distinguished himself in his service to thOSe bodies, and he enj~ and commandcd the roslX!Ct of hiS fellow lawyers as an ac· complished trial lawyer and advocate. In 1978 he W,lSnamed "Citizen of the Year" in Bay Minette for his work In the com· munity. Blal;kl:>urn possessed and praClin>d the highest standard s of ethIcal cOr\ducl wI thout in any WifY compromisIng his high sense of duty as an adl;1')Cale. Blackbum is survived by his wife, MalY Lou; a daughter, Ann (Mrs Wade) Faulk. ncr of MobJle; a son, Daniel C. BI<lck· burn of BllY Minelle, a member of the Alabama State Bar; and four grMdchlldrcn .
Ralp h Rountree Banks, Jr.-Eul3W Admined: 1948
Dit>d:
F~brvl.1ry
6, 1989
lud en K. Dl.ilc nski- Nl'W Dri tai n, CT Adrnlncd: 1949
Died: September 4, 1989
JAY U. HIAC
KULJI~N
frances Eli zabeth Johnson- Pike R(hlCl
Admilled: 1956 Died:
M~n;:h
1, 1989
Henry Sl'mderS Mims-Huntsvilic Admi tted: 1975
Died: February 14, 1989
Lm y Gilbert Pilgrim- Heflin Admitted: 1979 Died: February S, 1989
Clyde A. Smith, Jr.- Washington, DC Admitted: 1979 Died: April 11, 1989 finis Murlillld Smilh- Andidusiil
Admi1tCO: 1949 Died: April 14, 1989
William Classell Somerville, Ir.BirmIngham Admi tt ed: 1961
Died: December 10, 1988 Ernest Cha rles Willso n- Birmingham
Admitted: 1951 Died: March 14, 1989
156
The legal profession Of A!... bama suffered a great loss Sunday, February 5, 1969, with lhe passing of Jay B. Black· burn after a brief illness. After graduation from the Universi ty of Alab.~mil School of law in 1928, Black· burn returned 10 lJiIY Minette, his lifelong rt'!Sidcn ce, to Prilcti ce lilw. J.ll dis1inguished himtKllf in his pr'Qfession, not only in his hometown and its environs, but on a st<tt(Wlde bMIs. H(! aC(juir(>d a reputa tion of thoroughncss, Intelligcnce, lI:>r\acily rind knowledge of the law. He rctir(,.-'d (rom the practice in 1982, but ncvcr lost interest in his profession or concern for its betterment I'te was active in the legal 1)r'Qfession on both a local and st" te IL'VCI and ac· tive in community and church affilirs. Blackburn was a dcvoted arId conscien· tious member of the Alabama State Bar Board of Commissioners from 1948 to 1971 ilnd served rnaITt' of those years as lirst vice-presiden1. He was, for many yt!ilrs, a pillar of the First Bilptisl Church of Bay Mini.lttc and in 1962 WilSilccorded the high honor and accolade of being named as a deacon emeritus of his church. He rcpreserlltXl 111C' City of Bay Minette and the Baldwin County Board
- Norborne C. SlOne Bay Minette, Alabama
HENRY SANDI RS MIMS WH EREAS, HenlY Sanders Mlms was a member of the Huntsville-MadIson County Bar AssocIation and engaged in the prJctice of law in Huntsville for the past 14 years; and WHEREAS, he left ou r ~ompany prematurely, having Ix.oen bom 41 years ago in Or(......., Mississillpi; and WHERW, he graduated from the Uni· versity of California at IrvIne in June 1971, with 11. bachelor of arts and (rom the Hastings College of the l.Jw, UniYersily of C<l IIfofIlia at San Fmncisco in May 1974; and WHEREAS, upon hi s graduation he wa s named a Reginald Heber Smith FellO'WShip Anomcy by Howard University, Wa shingtOn, ~.C., in 1974 through 1976, serving ilS5tMf anom(.'Y for Legal Services 1)( NOMh-Centrnl Alabama; and WH EREAS, upon the termi nation ofhls fellCMl'Shlp he entered the priv.lte practice of law in Huntsville, Al abama; and
May 1989
WHEREAS, he was active in the community, serving on the board of legal Services of North-Central Alabama (0( three years and as Its I>rcsidcn\ in 1981; was named an election law commissioner for the State of Alab.lma In May 1980; wilS all active supporter of the Huntsville Girl s Club; was an actl..:e member of the Cumberland Presbyterian Church; and served as president of the HuntsvilleMtldison County Young Oemocfilts; and WHEREAS, he received numerous professional distinct ons Including aPl>ointment as special ~Uoml!y general for the Stolte of Alabar"'~ Apri l 20, 1984; was north Alabama representative to the Alabama Lawyers A.socia tion; WJS Mmed Al10rney of the Year In 1980 by the Miles College School of Law; was named as one of the Outstanding Young Men of America In 1977; was named 10 the Alabama Senate Di$lrict Si )!; AdviSQry Commlltee on February 1, 1983; was commended (or outstanding contributions to the legal profession by the Senate of Alabama on May 20, 1985; served as municipal court judge for the City of Hunt-
sville from 1980 un(iI lhe time of his death, municipal COlfl judge fOf the City of Triana from 197'9 unt il the time of hit defllh, municiP\l1 cOUf1 judge for the City of Madison, ci ty .mo'ney (or the City of Hillsboro from 1984 unlilThc time of his deMh, city attomey for the City of North Courtland from the time the ci ty WJ S formed In 1982 ul1111 his death and city attorney for the City of Moulton; and WHEREAS, he was a lOVi ng and d(.o. \IOted husn.lnd to his wife, Gloria, and father to his daughTe~ ~neu.l "','Y, and was protectOr and Jlf(lYider for a number of homeless children Q\o1!r the years whom he Invited into his home and for whom he provided Cilrc and affection; Now, THEREf ORE, BE IT RESOLVED thm in consider,llion of the premises lmd In deference to his family and friends, the Huntsvi ll(.L.MadisOl1 County 8M Association does by these presents CJ(1)ff!SS Its sympathy and condolences; and BE IT FURTHER RESOLVED that a copy of this resolution be sl>tead upon the minutes of this m(.'C!ting of the Huntsville-Madisoo County Bar Associa-
tion and that a copy thereof be forward ed to the family of Henry Sanders Mims, deceased . ADOPTED unanimously by the "tuntsville-Madison CounTy Bar Association Ihis 17th day of February 1989.
- Robert Sellcrs Smith, President Huntsville-Madison County 8111 Associa tion
These notices are published Immediately afler reports of death are received. Biographical Information not appearing in Ihis issue will be published at a later d,lIe if information Is accessible. 'vVc! ask you to promptly report the death of an Alabama illtorney to the Alabama State Bar, and.....e would appreci~te)OUr assistance In providing biographical information for The Alabama Lawyer.
Don't let your Alabama Lawyers get worn, torn or thrown away. Order a binder (or two!) at $10.00 each from: The Alabama Lawyer
P.O. Box 4156 Montgomery, Al36101 or call (205) 269路1515 The Alabama La..vyer
15 7
•
Disciplinary Report
Private Reprimands
Suspension • On JanllJry 5, 1969, lawrence A. Anderson of Ihe Mad. I~n
County Bar was suspt'ndcd indefinitely (or failure to com·
ply with Mand.tory Continuing legal EdUC<llion requiremen ts (or 1987. (ClE 88.011
Public Censures • On January 27, 1989, Mobile lawycr C. Chris10pher Clanton WdS publicly censured (or vlol.ulng Disciplinary Rules '·102(AJ{S), l-102(A)(6), 6-10 1(A) and 7·10I(A)(I) of Ihe COO(} of Professlon.11 Rcsponslbilrly of the Alabama Slale Bar. Clanton WM paid $2,500 by 11 ellen! to represent Ihc client in a civil matter; however, he (.. lied \0 PllrsUC Ihe mJllcr on behalf of his client. (1;1I110n thereby engaged In conduct wcjudicial 10 the admlnlwal on of jU51ice :lnd conduct whi ch (I(!versely refiC!Cwd on his fitness to practlcll 100W by willfully neglecting 11 le8ill miltU:n CnlruStl,<lto him and by (;)illng to ~k the liJWful objectives of h s cllcnt through rc,lSonably aV<lilable means. [ASB No. 07.801 • On I,mu.lry 27, 1989, Livingston lawyN RobNt E. Up· church WJS publicly censured for conduct adversely reflectlns on his fitness 10 pr.ldice law and for having willfully neglected a legill m<1ucr entrusted to him, In violation of the Code of Pro(ess/OfI,ll Re'l'onsibi/;ty oflhe AI.lOOfThl Sidle Bar. Upchurch was the allor~' of record In the al>Peal of a criminal case from the Circuit COLrt of Sumter County, but failed to file a brief or al'fy other plc3cfing on I)t!half of his client with the "'Iabama Court of C,lmlnal ...ppeals. Upchurch also Ignon!d Ihret! ffi<IUCSts from the DiSCiplinary Commission of the ... lab.lff1a State Bar to provide 1m explanation for his conduct In the maller, [ASa No. 68-204J • On Jam~lry 27, 1989, Foley lawyer /lIlian D, Brackin, Jr" was publicly ccnsurl'Cl by the Alabama State Bar for un· professional conduct. Brackin WilS found 10 have been guilty of willful mlSCOllduct and conduct adVl!rsely rcflucting on his fitness to l>rJctice low, In vlolJtlon of the Code of Pro((!ssionai Rcspon5lblllty, Brackin was u 1},Ht1ICr and a mlrlorlly stock· holder In the professional il~soci i1!ion known JS Foster, Brackin & Bohon, P,A" which OI>crJted 01 low l)rJct1ce In Foley, AIJ' bama. Without the knowl(.'tige or consent o( the other slock· holde.;, who ~cre his law I)Mtners, Brackin enlered the law firm's offitc~ 011 the night of l rmuary 20-21, 1986, "nd, with the asslstJnce of Other l>Cr'SOns, surreptitiously rermlYe<l a quan· tity of office C<lu(1)mcnt, office furnishings and law books that belonged to the I)rofesslonal association, IV. .1pproKimately the 5..11lle time, he recei...oo 11 $14,000 check, rel>resCnllns attorocy's fees in d C.l se I'.hlch had been settled, and which WJS due 10 be p.lid to the professional association of Foster, Brackin & Bolton, P. ..... but Brackin deposited this check to a new bJnk account that he opened In his own name. He al50 withdrew almost $32,000 (rom the law (irm's bank account. These ac· tions grew Out of Brackin's decision to le<IvC the law firm, and his inability to reach an agfCCment with his law partne~ as
158
to the financial term s under which he would withdrilW from the law firm. I"'SS No, 86.541
• On January 27, 1989, 01 lawyer WJS p'lvJtely reprl· manded (or having willfully neglected a leg;al m.tter entrusted to him, for having Intentlon,llly failed to seek the lawful 01>jl'dil!eS of a client through rea50nably avaIlable means and for havlng lntentionJlly prejudiced or damaS~ a client durIns the course 01 the professional rclillionship. The law~r was retJined to represent a woman and her husb.lnd in II Chapter 13 bankruptcy proceeding. after which an automobile was repossessed from the clients by the lien holder and sold at auc. tion. Despite having ~n informed of this by the clients, and despite having assurl'Cl the clients that he could recOYer the i1utOmobile throu8h the bankruptcy CQurt, the lilwyer failed to pursue the matter. [ASB No. 88·t61 • On January 27, 1969, a lilWycr was privately reprimand· ed for conduct Jdvcrsely reflecting on his fltn~s to practice law, for willfully neglcctln" a legal maner entrusted to hIm, for Intentional filliure to seek the lawful oblectlves of a clien t lJnd for intentional failure 10 carry out a contr,let of eml}loyment entered into with iI client. The lawyer accepled 11 fcc from ;1 nwrilod CQupl!! to Initiate volunt"ry bankrul)tcy proceedings for thcm, but fJill'll to Initiate the procccding~, to communicate with the clients or to refund the pre·paid fcc, unti l formal chars~ were nle<! against him, Ultimately, the lawyer did refund the prc-I>ald fcc to the clients, through the General Counsel's of(ice, [...58 No, 88·171 • On JanuJry 27, 1989, 01 lawyer WJS prlvJtcly reprimanded for engagIng In conduct il1\.Qlving dishonesty, fraud, deceit, misrepresentation, or willful misconduct; (ailing to maintain dient funds in an Insured depository trust account in the st,lte; and failing tl) malntilin complete rec;ords of ill client funds corning into his possession, N,the client's request, the lawyer sentlhc client bogus billings in the amount of S15,000, for unperformed I<>gal services, The 1.tW~r trilnsferred th~ fund s to a pef'5Ol'lJl out-of-state money market accounl th.1I the lawyer malntillned 10intly with his wife, The lawyer al50 caused bogus entries 10 be made in his law firm bililns records, fJlsely In. dica ting that the $15.000 had been billed Jnd received for legal $Crvices actually performed. Shortly after receiving the $15.000, the lawycr filL>d il billlkruptcy petition for the clien t, but f,li1cd to list or In arly way refer to the $15,000 transfllr In the hankrupt· cy petition or the ilttached schedules, Shortly thmeaflt!r, the lawyer returned the $15,000 to the client, UI)()n the clien t'S requcst. lASS No, 87·203] • On Jillluary 27, 1989, a lawyer was prlvJtely reprimand. I;.'d for several cthlc~ violations, The vlolJtions Included fJiI· ing to communlCiltc to his clienl a sculement offer in a civi l Suit, clldo.;ing his client's name on a settlement drJft without authority and withdrawing disputed funds from his tru st a,· count before the dispute was nn<llly re)Ollo1.'ti With the client. IASB No, 86-15("')]
Disability Inactive Status • lawyer Charles Rayford Nesbitt WJS transferred to disability inactive stalus by the "'Iabama Stote 6~r on JJnuary 27, 1989. (Rule 20(a) No. 89'()I] •
May 1989
Consultant's Corner The fo llowing is a review of and com·
mentary on an office automation Issue that has current irt1l>ortanc(> to the I ~a l community, prepared by the office auto-
mation consuh,lnllo the Slate bar, PilOl Sornstein, whose views ,lre his own, and nOI nccc~saril r thl}se of the stille biU, This is the tenth article in our "Con· sultant's Co rner" series. We would like to ht'lIr from rO ll, both il1 critique of the
article written ~ nd SUKScslions of topics for future Mlicles.
Alabama's model 1a'N Orm ... hold Itl Do not rCJeh (or your bar dlmclory. Serene & ComfOrtable does nOI exis!. II is iI composi te. ilrl amalgam of a number
Hornstein of li,1w firms. Wh,lt emerges is 11 profile
of an urban lilW firm, situated in of aPl)roximalel~ 10,000 lX!ople.
il
city
Organization The days when tWO "good ole boys" formed a practice to share costs is fast disappearing. Today's ~uccessful fi rm not only must h"ve a bu sl l1css dewlopment plan, it must have an energetic fOrm Qf S(:Ivcrnance that motivates each member from day (,lnc to retiremel11.
Th/..· Alabama Lawyt!f
Serene & Comf¢rt~ble Is a p..1rtllership, but an unusual one. There are no associates. Each firm l'l"lCmber begin s <IS a p(lrtncr, whclher right OUI of law school or as a Imeral entry, En try partners are IIdvan ced three l11onth5 average earnings as a dr;r.v against e~pected producUorl, That Is It- no salary, nQ guaram(!es, Ilothing except OPI)Ortunity. The profit distribulion formul!l is !llso r<1 lher unique, First of "II, it is unden.t'lIldable. Se<:ondly, it is undel1tandable. lastly, (you guesS<.>d il). You eam based on hO'N much yOu bill arId collect. No one can d raw more than one bills in a quar· ter. Yes, there is (."fcdit for being arl Origini'l!ing allorr\('Y, bu t the credit dlsappc!al"S CNCr a period of five years. You hJYe to bill to cam, The (jrm currentl\' has five members, and is unlikely 10 grow to more than seven . There (lre three paralegal s, tWQ of whom work 25 hours per week, and ont! of whom 15 fullt imc, but she doubles as a parnlme officc manager. There arc five S(!Cretarl(!S, a rt!ceptlonist, a bookkeeper 1lr1d II l)1lrttlmc runnerlflle clerk. They are all salaried, with a decent benefit pilck· age of life, heillth ilnd di5i1bllity insuran ce, including one-year vestilure In an employer.matched 40tK ,,11In. Not surpri singly, there 15 hIgh productivilY, virtually no turn()'ll(!r arId a lo ng wililing list of applicants. Oirec tion Their firm has a primnry pr<lct!ce area ilnd iln emerging secondary one. rhey do not try to be alllhlng5 to all l>col)ie. True, they will handle ,1n oocaslonal "outof-ar!:!,," malter, such as a divorce for the presiderll of II r'rl<lj(lr client, but they sti ck 10 basics the m<ljority of the time. They hold II retreat once a year, e~· amining theIr assumptions with fresh perspeClive, There are no "sacred cows." They recen tly hilve changed their secondary prJclice area ar'od arc hI the process of working OUI of their previous one. They Pily PMticular aHention to their
yovnger pMtnef5, who often have valuable con temporary kno-.... lcclge about such issues as ;lutomillion or liligallon SUPI>ort. There ilre no secre ts. The firm meets once a Wt!Ck, aftcr hou~, to minimize ex· traneou s discussion. The office mtrnager is a regula,. altendcc. There is an agenda, ooginning wi th a brief l)reSerlliltion of illl new maners, With oJ view toward conflict 1IV(Iidilnce. (Thl!Y have never been sued). Profitabilit y You guessed It ilgalrl ... they ilrc Wofililble. Partners average 200 b11lable hours " month. Last ye~r Ihey grossed slighTly more than a million dollars. After CXI'lCnSeS th ere Wil5 S550,OOO left to di stribute. They did nOt drilW it ilii. They ilre Investing Some of it to acquire the offi ce building they presently occupy.
Future Urban law firms face a particularly dif· ficult challenge in the coming decade. A numlX!r of thcm w ill not m<Jke it. Serene & Com /ort.lble has as good a chance as ,lny arid a l>Clter chllllee than most. Here are the key factor~ ag<lln: Orgilnizil tion- designed to motlvat{! Directi o n- focused SUPl:>ort ~ I<lff-carefully chosen, well· conlpcnsa tr.>tl. loyal to the core,
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Richard Wilson & Associates Registered Professio nal Co urt Reporters 17 Mildred Street Montgo m ery, A labama 36104
264-6433 159
Classified Notices FOR SALE THE LAW800K EXCHANGE, LTD.
Buys and sells :.11 major law booksslate and fcdcrJI- natlonw ld(!, For all
your law book needs, (SOD) 422·6686. Mastercard, Visa & American bprcss acCeptL'CI. fOR SALE: Alii: 2d, 1-100; ALR 3td, \·100; AlR 4th, 1.67; ALR FED, 1·90; AlR 2d later Ca;e Service, 27 \.t)ls; ALR D igest, c urrent; ALR tnde)!. 10 "nnotll'
lions, curren!. I'lease Sllbmit a bid, in writing, for all or 1)<1rl of the above no
later than Ju ne 15, 1989, to Peler S. loffrlon, City AtlornLOY 'S O ff ice, P.O. Hox
306, Huntsville, Alabama 35804. Phone (20S) 5)2·730 1.
SOLE PRACTITIONER retiring- law
books, omce eq.Jipment. furnitu re and furnishings (or ~ Ie. Quaint office building with spacious office 1:l.1rking in Highland Gitfdens iHea available for rent or (or sale. WIU dl scu ~s arr.lllgcmcnts for taking over existing nics. C.,II (20S) 262-0506.
FOR SALE: United Stat(>$ Codu Service, current th rough lUmrtl(!r of 1988, excel· lent condition. Contacl lam~ Marks, P.o. Bo~ 839, Tuscumbia, Alabama 35674. Phone (205) 383·2435. ANTIQUE ALABAMA MAPS, guar,m· teed authentic. Most pre-lOGS, some shOYling location Md eIItent of Indlar\ Innds. Write for list and photos. Sol Mil· ler, P.O. " O~ 1207, Huntsville, Alabama 35807. FOR SALE: Alabama ReporterS, court rules, vol. 356-501; Alaban\:! Reporters, Southern 2nd, \'01 . 334·497. Excellent condition. Contact Mark Pickens. (20S) 870-11 &9. LAW BOOKS: ~Ings to SO percent or more. Federal Reporter 1st, 2nd & SUI>plement, ALRs, CIS, USCA, Southern Reporter 1st, etc All national publica. tlons. Libraries bought and sold nation· wide. Professional Books Service, Darlon, Atlan ta and los Angel ~, Suite 160
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604·105, 4279 KOSM!II Road, At lanta, GA 30342. PhOne (600) 538·41)84. FOR SALE: Drle IBM Mag Carel Selec· trlc In good working condition. Best offer. Phone (205) 424· 1150, or wrile l18 N. 18th 51., Bessemer, Alabama 35020. BIR MING HAM LAWY ER rellrlng itndlor Ilmiling praClice, wishes to sell up-to-d~l1 e Southern Reporter 2nd, Ala· bama Dig(..'St together with six seclions of beautiful oak library shelving. Priced reasonably. Phone (205) 322·6400. FOR SALE/RENT: T.....-o-Story office buildIng at 458 South la-wrcnce StrCi!t, Mont· gomery. One block from the new court· house. Ten large offices, conference room, three I,lrgesecretarial areas, four bathrooms, kilchen area and storage space. Plenty of parking ilnd il bullt·ln phone SY51em. lOOK or 6.00 1)Cf square foot ($2,4001 full sen·ice. 272-3385.
FOR RENT OFFICE SPACE FOR LEASE: Downtown IJlrmlnsham, excellent location, well decorated, recel)tionist, cclephone ser· vice, law library, conference room, kitchen, copier, ample park ing. secretary negotiable or suite w/o s,e<;rctary. Call (205) 25 1·6666 for more infor· nlallon.
POSITIONS OFFEREO ATIORNEY JOBS-National and Fed· er"llt!gal Employment Report: highly regarded mOllthly detail(..>d li Sting of hundroos of atto rney and Iaw-rclall.'d Jobs with U.S. Govcrnmem, other PUDIiclprlv.lIc employers In Washington, D.C., Ihroughout U.S. and abroad. $30-3 monlhs; $53-6 months. Federal Reports, 1010 Vermont Ave., NW, *408';' 8, Washington, D.C. 20005. Phone (202) ] 9]·3311. Visn/MC. MONTGOMERy FIRM sccklnH associate with ~tron g re$l:~rc h (lnd writing skills. Top 25 percent of clas~. Send rt.,sume to P.O. Bo"" t402, Montgomery, Alabama 36102.
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SMALL LAW OFFICE seeks attorney with triill experience 10 handle In· surance defense litigation (or major car· der. Salary commensurate with ex· perience; sreilt henefil$. Send resume in cOrlfitlence to: L1W Firm, 1200 Corporate Drive, Suite 105, MeadOYlbrook Corporate P.lrk, Blrmlnllham, Alai><Im<1 35242.
SERVI CES EXAMINATION OF Q UESTIONED Documents: Handw riting, typew riting and related Cx.1rninlllions. Internmional· Iy court-quallfled e~pert wltnc~s. Diplomate, AmeriGlO Board or Forensic Document Exam iners. Member: Ameri· can Society or Questioned Document ExamineB, the International Assocla· tion for Identification, the British foren· sic Science Society and the National AsSOCiatiOrl ci Criminal Delense Law~ Rctirud Chief Document Ex,l mlner, USA CI LaOOralories. Hans Mayer Gid· iOrl, 21B Merrymont Drive, Augu$la, Georgia 30907. Phone (404) 860·4267. LEGAL RESEARCH HELP: Experienced anorney, member of Alabam~ Stale Bar since 1977. Access to law school and state law libraries. Westlaw availitble. Prompt deadline SC!IVlce. Wedo VCC-I searches, S3S1hoUl. Sarah Kathryn F<lfneU, 112 Moore Building, MOnt· gomery, Alitb,lma 361M. Phone (205) 277..]9] 7, In Jeffel"5Qn and Shelhy counties, call free : ]22-44 19. No represen· "ulon Is made about Ihe (IU,lliry of [he le8al services 10 be performed or the e~perrl5e of tile lawyer performing such service5COMPUTER CO NSULTA NT: Objec. t l\/C, pragmatic advice and expert help with y,Qftl plQCessing. billing. nel\\Orks. etc. A shortcut to productivity without mistakes and hassles. I w II survey needs, recommend hardware and software, find besl I)rlces, Install, cuStomile, Irain und sUI>j)()rt. Bruce R. Glassman (JD, 1972, member Georgia Slate BiH). PhQne (404) 392· 1430. May 1989
Announcing a New Feature to the C T System of Corporate Protection:
Two-Day Federal Express· Delivery
Of Service Of Process ... At No Extra Charge! Fastel', More Efficient Delivery of
allow U5 to quickly trace and monitor any service on its routc to )'Ou ... right in ou r own office!
Process' No mnU eT w hn! Ihc
Immediate Receipt of Important Legal
answcr dntc-
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whether I\ 's days, or
weeki- process received by C T will be lIutomlltlclll1y forwarded 10 C T rcrrcscn ted compani(!S via tW(l -
day f-edcral Express ddivery s(!rvice. AI no nddl· tional cos t to you or your cllenti M llny !lttorneys lind legnl asslstnnts nnvc told us Ihnt this unigue
benefit alone covers thc cost of our ent ire service. [Of course, \.\oc ' tI continue to provide telephone notification on s hort answer dales .. , withou t
ooditlonnl chnrge.) Automatic D'acldng of Every Process Deliveredl Along with two-day
f-ccieraJ Express· deli ... • cry, every C T branch office will be hooked up to the Fed Ex I\lv.'CTship 2'" Computer System. This stale-ol·the-art electronic tracking system will
•
Now when you rippoint C T agent, proccss and other legtll communlctltlons will be in your htlndsfasler, so you and your staff will have more time to ttlke tlpproprinte action. Why More Lawyers Appoint C TI A teum of experienced pro· cess agents. Accurnte, reli· able report and tax informa· tion. Delinquency/ impend· Ing Cllncclilliton notices, where available. And now, two.day delivery of service of process. At no extra charge to you or your client! Isn' t this the right time to appoint C T agent in tvtry state? Want more information? Just contact your local C T Representative today. Or write to:
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A,' on'l • t\U l llln • CII I(.so ClroclnNltl • Ct.wI.",1 • /),0\1.. o.n~or • t;to,lrOl1 • ItO~'l on Itvln. , c • . • 1.1" Anl.l.. Mln .. upolh • New York r'hll.d~lpkl • • r' ho . .. I~ I'ltllbuIIII • r'I."'ffi o... 1'1 • . S. n Pr." c h ~ o • Su ttl. S! I.ouh • W.. llln8lUn W"MlnSlon
!l1r1~
1892
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I flul' flII11 I I ....lInt more informntion. I Send me a ropy of yQU r I I bookle t. Pro/tufonnf C T I Slat utory RtpftJtll tatfOIl I and a no.oblig.,tion quota· I I tlon covering C T repreI I'!ntatlon In __ tllllte •• I I
o
,
FIRM
X66iib» cITY. SOT...TI. liP
Htn . Frink H. Jthn.on , Jr . U. S. Cturi of App.IL./ 11th Ci rc uli P. O. Box 35 Moni9o..ry AL 361~