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					JANUARY 2010 • VOL. 71, NO. 1
                                                                                                                                           On the Cover
                                          JANUARY 2010 • VOL. 71, NO. 1

                                                                                              From Power to Service:

     In This Issue                                                                  The Story of Lawyers in Alabama
                                                                            This commemorative book is a detailed chronicle of the
                                                                          profession’s first 200 years in Alabama. Author Pat Boyd
                                                                             Rumore draws on a rich array of sources that bring to
                                                                          life both the internal history of the profession and its role
                                                                          in the legal and political life of the state. Here are stories
                                                                               of the legions of lawyers and judges who successfully
24   ASB Fall 2009 Admittees                                                   faced the challenges of their profession and created a
                                                                                powerful community of shared interests and commit-
                                                                                   ments. The book will be available for purchase in
36   ASB Volunteer Lawyers Program 2009 Honor Roll                               February for $40. Proceeds go to the Alabama Law
                                                                             Foundation and the Bench and Bar Historical Society.

45   The VLP and the Thief
     By Pamela H. Bucy                                                          Departments
46   Book Review: Alabama Appellate Practice Guide                        9         President’s Page
                                                                                    “Thank You, Legal Services!”
     (1st edition, 2009) By Ed Haden
     Reviewed by Judge R. Bernard Harwood                                 13 Executive Director’s
48   What Kind of Bang Am I Getting for                                             The Image of the Legal Profession
                                                                                    and the Weather
     My Buck with the LRS?
     By Renee Avery                                                       15 Important Notices
                                                                                    Notice of Election and Electronic
50   Task Force to Examine Interest in Creating New Federal                         Balloting
                                                                                    Alabama Lawyers’ Hall of Fame
     Court Practice Section                                                         Nomination Form
                                                                                    Judicial Award of Merit
52   ASB Leadership Forum                                                           Amendment of Rules 16, 26, 33(c),
     By Edward M. Patterson                                                         34, 45, and Form 51A, Alabama
                                                                                    Rules of Civil Procedure, and
56   Creation of Commercial Litigation Docket in the                                Adoption of Rule 37(g), Alabama
                                                                                    Rules of Civil Procedure
     Birmingham Division, Tenth Judicial Circuit
     By Presiding Judge J. Scott Vowell                                   17 Memorials
58   Piercing the Corporate Veil:                                         21 Bar Briefs
     When is Too Much Fiction a Bad Thing?                                23 Young Lawyers’ Section
     By Will Hill Tankersley and Kelly Brennan                                      New Admittees, CLE and Pro Bono –
                                                                                    Have We Left Out Anything?
64   Oops, It Happened Again: Inadvertent Disclosure under                79 Opinions of the
     New Federal Rule of Evidence 502                                               General Counsel
     By Wayne Morse, Jr.                                                            Third-Party Auditing of Lawyers’
                                                                                    Billings – Confidentiality Problems
68   Reliance, the Bachelor: Will Experience Answer the Open                        and Interference with Representation

     Questions of Reasonable Reliance?                                    85 Legislative Wrap-Up
                                                                                    The 2010 Legislature Begins
     By Wilson F. Green

75   Twombly and Iqbal: The Effect of the “Plausibility”                  89 Disciplinary Notices
     Pleading Standard on Alabama Litigators                              93 About Members,
     By J. Thomas Richie and Anne Manasco Dionne                                    Among Firms
                                                                                   The Alabama Lawyer                                5
                                               ALABAMA STATE BAR                                                                 Robert A. Huffaker, Montgomery......................................Chair and Editor
                                               415 Dexter Avenue                                                                 Linda G. Flippo, Birmingham ...................Vice Chair and Associate Editor
                                               Montgomery, AL 36104                                                              Brad Carr, Montgomery .......Staff Liaison and Director of Communications
                                               (334) 269-1515 • (800) 354-6154                                                                                                     
                                                                                                                                 Margaret L. Murphy, Montgomery ..............................Staff Liaison and
                                               FAX (334) 261-6310                                                                                                                            Publications Director
                                               Web site:                                                                                                 
                                                                                                                                 Marcia N. Daniel.....................Communications & Publications Assistant
                                               ALABAMA STATE BAR STAFF                                                                                                       
                                               Executive Director ....................................Keith B. Norman            Board of Editors
                                                 Executive Assistant .....................................Diane Locke            Gregory C. Buffalow, Mobile • Russell C. Buffkin, Mobile • Henry L. Cassady, Jr.,
                                                 Network Administrator............................Wayne Hughes                   Fairhope • Greg C. Cook, Birmingham • Katharine A.W. Coxwell, Monroeville •
                                                                                                                                 J. Mark Debro, Huntsville • Patrick C. Finnegan, Mobile • N. Chris Glenos,
                                                 Computer Programmers...........................Dolan L. Trout                   Birmingham • C. Paige Goldman, Birmingham • Wilson F. Green, Tuscaloosa •
                                                                                                            Larry Pratt          Trip Haston, III, Birmingham • Fred G. Helmsing, Jr., Mobile • Anne S. Hornsby,
                                                  Scanning Operator .........................................Kristi Neal         Tuscaloosa • Emily C. Marks, Montgomery • Reta A. McKannan, Huntsville •
                                                                                                                                 Timothy B. McCool, Carrollton • Derek F. Meek, Birmingham • William J. Moore,
                                                  Web Administrator...................................Willie Murphy              Jr., Enterprise • Richard D. Morrison, Montgomery • George R. Parker,
                                               Assistant Executive Director ..............Edward M. Patterson                    Montgomery • Gabrielle E. Reeves, Mobile • Christopher N. Smith, Montgomery
                                                  Administrative Assistants ................................Rita Gray            • John S. Steiner, Birmingham • Chad E. Stewart, Enterprise • James R.

C L E                                                                                                           Marie Updike     Turnipseed, Mobile • Aldos L. Vance, Birmingham • Mark T. Waggoner,
                                                                                                                                 Birmingham • John R. Wallis Birmingham • Tari D. Williams, Tuscaloosa
                                               Director of Regulatory Programs....................Angela Parks
                                                  CLE Administrative Assistant.................Carol Thornton                    Officers
                                                  Regulatory Programs/PHV Assistant ..Cathy Sue McCurry                          Thomas J. Methvin, Montgomery.................................................................President
                                                                                                                                 Alyce M. Spruell, Tuscaloosa.............................................................President-elect

COURSE                                         Director of Communications ................................Brad Carr
                                                  Publications Director ......................Margaret L. Murphy
                                                  Communications and Publications
                                                                                                                                 J. Mark White, Birmingham ...............................................Immediate Past President
                                                                                                                                 Phillip W. McCallum, Birmingham ........................................................Vice President
                                                                                                                                 Keith B. Norman, Montgomery ...................................................................Secretary
                                                                                                                                 Robert N. Bailey, II, Huntsville ..................................Young Lawyers’ Section President

SEARCH                                                Assistant...............................................Marcia N. Daniel
                                               Membership Services Director .........................Mary Corbitt
                                                  Membership Administrative Assistant ..........Emily Farrior
                                                                                                                                 Board of Commissioners
                                                                                                                                 1st Circuit, Ronnie E. Keahey, Grove Hill • 2nd Circuit, Cleveland Poole, Greenville •
                                                                                                                                 3rd Circuit, Christina D. Crow, Union Springs • 4th Circuit, J. Garrison Thompson,
                                               Director of Admissions ........................Dorothy D. Johnson                 Selma • 5th Circuit, Randall S. Haynes, Alexander City • 6th Circuit, Place No. 1, R.
                                                  Admissions Administrative Assistants.....Sonia Douglas                         Cooper Shattuck, Tuscaloosa • Place No. 2, Robert Hays Webb, Tuscaloosa • 7th
The Alabama Mandatory CLE Commission                                                                            Crystal Jones    Circuit, John M. Gruenewald, Anniston • 8th Circuit, Phil D. Mitchell, Decatur • 9th
                                                                                                                                 Circuit, W. N. Watson, Fort Payne • 10th Circuit, Place No. 1, Leslie R. Barineau,
                                               Bookkeeper ......................................................Gale Skinner
                                                                                                                                 Birmingham • Place No. 2, S. Greg Burge, Birmingham • Place No. 3, George M.
continually evaluates and approves in-state,   ASB Foundation Assistant.............................Ann Rittenour                Neal, Jr., Birmingham • Place No. 4, Phillip W. McCallum, Birmingham • Place No.
                                               Graphic Arts Director ...................................Maggie Stuller           5, Augusta S. Dowd, Birmingham • Place No. 6, Maibeth J. Porter, Birmingham •
                                                                                                                                 Place No. 7, Joseph A. Fawal, Birmingham • Place No. 8, Robert E. Moorer,
as well as nationwide, programs which are         Graphic Arts Assistant ..........................Roderick Palmer
                                               Receptionist ............................................Stephanie Oglesby
                                                                                                                                 Birmingham • Place No. 9, James R. Pratt, III, Birmingham • Bessemer Cutoff,
                                                                                                                                 William A. Short, Jr., Bessemer • 11th Circuit, Albert J. Trousdale II, Florence •
                                               Director of Service Programs.................Laura A. Calloway                    12th Circuit, Richard W. Whittaker, Enterprise • 13th Circuit, Place No. 1, Henry A.
maintained in a computer database. All are        SP Administrative Assistant ......................Kristi Skipper               Callaway, III, Mobile • Place No. 2, Walter H. Honeycutt, Mobile • Place No. 3,
                                                                                                                                 Billy C. Bedsole, Mobile • Place No. 4, Juan Ortega, Mobile • Place No. 5, Mary
                                                  Volunteer Lawyers Program Director...........Linda Lund
                                                                                                                                 Margaret Bailey, Mobile • 14th Circuit, James R. Beaird, Jasper • 15th Circuit,
identified by sponsor, location, date and         VLP Assistant .................................Katherine L. Church             Place No. 1, Les Hayes III, Montgomery • Place No. 2, Les Pittman, Montgomery •
                                                  Intake Specialist ....................................Deborah Dickey           Place No. 3, Donald R. Jones, Jr., Montgomery • Place No. 4, J. Cole Portis,
                                                                                                                                 Montgomery • Place No. 5, Sim Penton, Montgomery • Place No. 6, Lee H.
specialty area. For a listing of current CLE      Lawyer Referral Secretary ..........................Renee Avery
                                               Alabama Lawyer Assistance Program
                                                                                                                                 Copeland, Montgomery • 16th Circuit, F. Michael Haney, Gadsden • 17th Circuit, K.
                                                                                                                                 Scott Stapp, Demopolis • 18th Circuit, Place No. 1, Ramona Morrison, Columbiana
                                                  Director ........................Jeanne Marie Leslie (834-7576)                • Place No. 2, Julia C. Kimbrough, Birmingham • 19th Circuit, Brian D. Mann,
opportunities, visit the ASB Web site,            ALAP Administrative Assistant ...........Sandra Clements                       Wetumpka • 20th Circuit, Hamp Baxley, Dothan • 21st Circuit, John L. Jernigan, III,
                                                                                                                                 Brewton • 22nd Circuit, John M. Peek, Andalusia • 23rd Circuit, Place No. 1,
                                                  ALAP Case Manager.............................Shannon Knight                            Alabama Law Foundation, Inc. Director.........Tracy Daniel
                                                                                                                                 Harold Stephens, Huntsville • Place No. 2, L. Thomas Ryan, Jr., Huntsville • Place
                                                                                                                                 No. 3, Richard J.R. Raleigh, Jr., Huntsville • 24th Circuit, J. Dale Lawrence, Jr.,
                                                  ALF Administrative Assistant ..............Sharon McGuire                      Fayette • 25th Circuit, R. Wyatt Howell, Hamilton • 26th Circuit, Kenneth E. White,
                                                                                                                                 III, Phenix City • 27th Circuit, Jerry Wayne Baker, Jr., Albertville • 28th Circuit,
                                               Alabama Center for Dispute Resolution
                                                                                                                                 Place No. 1, Allan R. Chason, Bay Minette • Place No. 2, Marion E. Wynne, Jr.,
                                                  Director ............................Judith M. Keegan (269-0409)               Fairhope • 29th Circuit, Robert L. Rumsey, III, Sylacauga • 30th Circuit, Elizabeth S.
                                                  ADR Assistant ......................................Patsy Shropshire           Parsons, Pell City • 31st Circuit, John M. Kennemer, Tuscumbia • 32nd Circuit,
                                                                                                                                 Jason P. Knight, Cullman • 33rd Circuit, Henry F. Lee, III, Geneva • 34th Circuit,
                                               ALABAMA STATE BAR CENTER FOR                                                      Eddie Beason, Russellville • 35th Circuit, J. Milton Coxwell, Jr., Monroeville • 36th
                                               PROFESSIONAL RESPONSIBILITY STAFF                                                 Circuit, Christopher E. Malcom, Moulton • 37th Circuit, Robert T. Meadows, III,
                                               General Counsel .......................................J. Anthony McLain          Opelika • 38th Circuit, Don Word, Scottsboro • 39th Circuit, Jere C. Trent, Athens •
                                                                                                                                 40th Circuit, David F. Law, Rockford • 41st Circuit, Alexander M. Smith, Oneonta
                                                  Secretary to General Counsel ..............................Julie Lee
                                               Assistant General Counsel ........................Robert E. Lusk, Jr.             At-Large Board Members
                                               Assistant General Counsel ......................Samuel S. Partridge               1. Walter E. McGowan, Tuskegee • 2. Claude E. Hundley III, Huntsville • 3. Deborah
                                               Assistant General Counsel ......................Jeremy W. McIntire                Byrd Walker, Birmingham • 4. Merceria Ludgood, Mobile • 5. Alicia F. Bennett,
                                                                                                                                 Chelsea • 6. LaBarron N. Boone, Montgomery • 7. David K. Howard, Florence •
                                               Complaints Intake Coordinator................................Kim Ellis            8. Kesa Johnston, Roanoke • 9. Kelly T. Lee, Elmore
                                               Disciplinary Clerk ........................................Bonnie Mainor
                                                                                                                                 The Alabama Lawyer (USPS 743-090) is published six times a year by the
                                               Paralegals/Investigators...............................Cheryl L. Rankin           Alabama State Bar, 415 Dexter Avenue, Montgomery, Alabama 36104.
                                                                                                               Carol M. Wright   Periodicals postage paid at Montgomery, Alabama, and additional mailing
                                               Client Security Fund Coordinator .....................Laurie Blazer               offices. POSTMASTER: Send address changes to The Alabama Lawyer, P.O.Box
                                                                                                                                 4156, Montgomery, AL 36103-4156.
                                               Receptionist ....................................................Sherry Langley
                                                                                                                                 The Alabama Lawyer is the official publication of the Alabama State Bar. Views and conclu-
                                                                                                                                 sions expressed in articles herein are those of the authors, not necessarily those of the board
                                                                                                                                 of editors, officers or board of commissioners of the Alabama State Bar. Subscriptions:
                                                                                                                                 Alabama State Bar members receive The Alabama Lawyer as part of their annual dues pay-
                                                                                                                                 ment; $15 of this goes toward subscriptions for The Alabama Lawyer. Advertising rates will                                 The Alabama Lawyer                             The Alabama Lawyer
                                                                                                                                 be furnished upon request. Advertising copy is carefully reviewed and must receive approval
                                                                                                                                 from the Office of General Counsel, but publication herein does not necessarily imply endorse-
                                                                                                                                 ment of any product or service offered. The Alabama Lawyer reserves the right to reject any
                                                 GRAPHIC DESIGN                                     PRINTING
                                                                                                                                 advertisement. Copyright 2010. The Alabama State Bar. All rights reserved.

6         January 2010
                                                                                                                  President’s Page
                                                                                             Thomas J. Methvin

Montgomery area attorneys, paralegals and law students recently donated their time
and talents during the Montgomery County Bar Association’s Legal Advice Clinic, as
part of this year’s Pro Bono Week.

        “Thank You, Legal Services!”
          Estimates show that about 25 percent of Alabama’s population, or
        about 1 million people, live in poverty. In the current economic climate, it
        is likely that these numbers will grow. Research indicates low-income
        Alabama households experience more than 700,000 legal problems per
        year. Common civil problems include consumer and family law issues, as
        well as issues involving housing, health, public benefits and elder law.
          Legal Services Alabama (LSA) is the most important resource avail-
        able to address these needs. LSA is a statewide nonprofit organization
        dedicated to providing access to justice and quality civil legal aid. It oper-
        ates 10 offices throughout the state, in Anniston, Birmingham, Dothan,
        Florence, Huntsville, Mobile, Montgomery, Opelika, Selma, and
        Tuscaloosa. It serves legal needs in all 67 counties in Alabama. LSA helps
        people by providing representation on critical legal matters in judicial
        and administrative forums, and by providing free legal counsel, commu-
        nity education and mediation services.
          The Alabama State Bar has partnered with LSA in our “Mortgage
        Foreclosure Program.” This program was started in 2008 with grants
        from the Access to Justice Commission and the Alabama Civil
        Justice Foundation. The program provides a toll-free hotline for people
        facing home foreclosure and provides them a free lawyer who works at
        LSA. The Mortgage Foreclosure Hotline (877-393-2333) is promoted
        throughout the state with public service announcements on television
        that are sponsored by the Alabama State Bar.

                                                                                         The Alabama Lawyer   9
          President’s Page                                                Continued from page 9

             So far, the hotline has helped more than 3,600 callers.
          We opened over 3,000 mortgage cases and have com-
          pleted over 2,300 of those cases. In addition to helping
          clients, the success of this program creates positive
          publicity for our bar, which provides these much-need-
          ed services.
             The partnership with LSA worked so well that we
          decided to adopt this same model to help with domestic
          violence cases. We received another grant from the
          Access to Justice Commission to hire a lawyer to be
                                                                                          Royal Dumas, Kimberly Ray-Cobb, Pat Sefton, Theressa Harris,
          housed at Legal Services. When we receive domestic                              and Tom Gardner, Jr. are all smiles at the conclusion of a success-
          violence calls to the Alabama State Bar Volunteer                               ful joint endeavor, the monthly legal advice clinic. Dumas and
                                                                                          Sefton are members of the Montgomery County Bar Association
          Lawyers Program (VLP), we attempt to place these                                (MCBA) and Ray-Cobb, Harris and Gardner are on staff at the
          clients with one of our volunteer lawyers. If we cannot                         Montgomery Community Action Agency (MCAA).
          find a volunteer lawyer to help, we send them to the
          Legal Services lawyer who was hired with this grant.                            on the generous contributions of its investors. We must
          This has worked well and allows us to help a lot of hurt-                       help to increase existing funding sources for Legal
          ing people.                                                                     Services Alabama so it can hire more lawyers. We have
             Despite the essential role it plays in our communities,                      already received substantial pledges from Birmingham-
          LSA receives no state funding. Instead, it relies heavily                       area law firms for this. We plan to do a lot more. We

     Quality Paralegal Education                                                        How do I choose a Legal Studies Program?

                                                                                     One way to ensure you receive a quality education is to choose a
                                                                                     program with instruction specific to the skills required for the state.
                                                                                     Secondly, it is important to choose a program with academic standards,
                                                                                     such as those required by the American Bar Association.

                                                                                     Faulkner University’s Legal Studies Program is approved by the
                                                                                     American Bar Association. The Faulkner University Legal Studies
                    A CHR IST IA N U NI VER SIT Y                                    program offers an ABA Approved curriculum exclusively at its
                                                                                     Montgomery campus, with a strong reputation of academic excellence.

                                                                                        How can I get started?
       Our Mission
                                                                                     Legal Study courses are
     The Faulkner University Legal Studies Department seeks to provide               offered at convenient times
     a program that supports its students during their academic and                  that cater to the needs of
     professional careers. Upon graduation, students will be well equipped to        students of all ages. Our
     begin or continue an exciting career as a paralegal.                            faculty is comprised of
                                                                                     experienced practitioners
       What are typical paralegal responsibilities?                                  with outstanding academic
     Paralegals work in many areas of law including litigation, real estate,         credentials. Contact Marci
     corporate, probate and estate planning, intellectual property, family           Johns, J.D., Director of Legal
     law, labor law, and bankruptcy. Paralegals perform tasks such                   Studies today!
     as investigating facts, drafting legal documents, legal research,
     interviewing clients and witnesses, maintaining contact with clients, and       Phone: 800.879.9816
     the maintenance of legal files.                                                 Ext. 7140
       What can I not do as a paralegal?
                                                                                     5345 Atlanta Highway
     A paralegal/legal assistant cannot give legal advice, represent a client in     Montgomery, AL 36109
     court, establish a fee, or accept a case on behalf of an attorney.    

10           January 2010
MCAA CEO Tom Gardner, ASB President Tom Methvin and          Representing the Montgomery County Commission, Ham
MCBA President Pat Sefton taking a break during the          Wilson, Jr. (district one) presents ASB President Tom
November legal advice clinic                                 Methvin, MCBA President Pat Sefton and Royal Dumas,
                                                             chair, MCBA Pro Bono Committee, with the proclamation
are also increasing awareness of the need for access to      announcing Pro Bono Week in Montgomery County.
justice funding among the public, the members of the
bar and the court system. We plan to do a lot more
here also.
  Many people say that a society should be judged by
how it treats the least among it. Lawyers are leaders of
society and have a duty to try to help the less fortunate.
Legal Services does this by providing a gateway to jus-
tice for people in our community. We have the opportu-
nity to raise money for Legal Services Alabama and to
be a part of making Alabama a leader in ensuring true
access to justice for all. Will you help? You can make a
donation at It’s going to
take all of us, working together, to accomplish this. ▲▼▲

                                                                Judge John Carroll, dean of the Cumberland School of Law, pres-
                                                                ents ASB President Tom Methvin with a memento recognizing his
                                                                dedication to improving access to justice in the state.

                                                                  Alabama State Bar President Tom Methvin
                                                                recently addressed 178 first-year law students at
                                                                Cumberland School of Law and was honored by
                                                                the law school for his contributions to improving
                                                                access to justice in Alabama and, specifically, the
                                                                need for increased pro bono work. Methvin has
                                                                been a strong advocate for increasing state fund-
                                                                ing for legal services and has pledged to work
                                                                with the state legislature. He discussed the profes-
                                                                sional responsibility that all lawyers have to pro-
Montgomery Mayor Todd Strange hands ASB President               vide pro bono service that is concomitant with the
Tom Methvin the proclamation from the City, recognizing         privilege of practicing law. Cumberland Dean John
Pro Bono Week. Others who helped organize this volunteer        Carroll presented Methvin with a framed certifi-
effort are MCBA President Patrick Sefton and Pro Bono           cate as part of its 2009 Pro Bono Salute.
Committee Chair Royal Dumas.

                                                                                                      The Alabama Lawyer          11
                                                                                                            Executive Director’s Report
                                                                                        Keith B. Norman

The Image of the Legal
Profession and the Weather
  What in the world does the image of the legal profession have to do
with the weather? Very little except when it comes to complaints. Like
those who complain about the weather and the fact that no one can do a
thing about it, I often hear lawyers complain about the image of the pro-
fession and that no one is doing anything about it. For many years, the
Alabama State Bar has done much to publicize the many positive things
that the legal profession does—including pro bono work, “Wills for
Heroes,” the Advance Directive for Health Care and many other worthy
examples. Through our 12-year partnership with the Alabama
Broadcasters’ Association, we have received nearly $10,000,000 in TV and
radio time statewide to let Alabamians know of the tremendous public
service which the legal profession renders. Yet, with all lawyers do in the
public interest, we never seem to get much traction in raising the profes-
sion’s image.
  One can certainly attribute the legal profession’s low esteem to several
factors, including the fact that lawyers work in an adversarial system, the
complexity of the judicial system’s rules and the exceedingly slow move-
ment of cases or matters through the system which can be very frustrat-
ing to clients and parties alike. But, I believe the fault for our profession’s
image problem lies principally with us, especially when lawyers lambaste
courts for rendering a decision that is not in their favor or denigrate
opposing counsel. These actions are unnecessary and do nothing more
than stain the image of the entire profession. Sadly, this conduct appears
to be on the rise as the monetary and emotional stakes in cases increase.

                                                                                  The Alabama Lawyer   13
     Executive Director’s Report                                                            Continued from page 13

       In April 1992, the Alabama Board of Bar                   To date, over 2,000 Alabama lawyers, or a little more
     Commissioners adopted the Alabama State Bar Code          than 12 percent of the membership, has signed the
     of Professional Courtesy, and the Alabama State Bar       pledge of professionalism to abide by the principles
     Lawyer’s Creed to guide all lawyers in their comport-     enumerated in the Code of Professional Courtesy.
     ment and treatment of fellow lawyers and the judici-        Memphis attorney and former president of the
     ary. The Code has since been incorporated into the        Tennessee Bar Association Bill Haltom writes a regu-
     Alabama Pledge of Professionalism. Although aspi-         lar column for the Tennessee Bar Journal. In the
     rational, the Code and Creed are both bedrock tenets      November 2009 issue, Bill talks about Tennessee
     of professionalism. Among the Code’s 19 precepts          lawyer, statesman and former U.S. Senator Howard
     are the following four which are especially notewor-      Baker being the personification of civility in both his
     thy with regard to a lawyer’s relationship with oppos-    private life and distinguished public career. In particu-
     ing counsel and the court:                                lar, Bill relates a story that Howard Baker tells about
                                                               the advice he received from a man who was a great
       • A lawyer should maintain a cordial and respect-
                                                               lawyer and former U.S. Congressman—Howard
         ful relationship with opposing counsel.
                                                               Baker, Sr., his father. Baker said of this father, “He
       • A lawyer should never intentionally embarrass         taught me that you should always go through
         another lawyer and should avoid personal crit-        life working on the assumption that the other
         icism of another lawyer.                              guy may be right” (emphasis added). Bill observes
       • When each adversarial proceeding ends, a              that this statement “captures the essence of civility.”
         lawyer should shake hands with the fellow             He writes: “It doesn’t mean that you don’t stand up
         lawyer who is the adversary; and the losing           for what you believe. It doesn’t mean you can’t be a
         lawyer should refrain from engaging in any            fierce advocate for your clients and causes. It just
         conduct with engenders disrespect for the             means you go into a conflict with a notion that your
         court, the adversary or the parties.                  opponent may, in fact, be right, and you treat your
                                                               opponent accordingly.”
       • A lawyer should recognize that adversaries
                                                                 This simple notion embodies the civility that both
         should communicate to avoid litigation and
                                                               the Code and the Creed hope to instill in our dealings
         remember their obligation to be courteous to
                                                               with other lawyers and the judiciary. If we can prac-
         each other:
                                                               tice this simple advice in our treatment of our col-
       Similarly, the Creed stresses:                          leagues and the court, we still may not be able to do
                                                               anything about the weather, but we can certainly
       • To the opposing parities and their counsel, I
                                                               change the climate of professionalism and improve
         offer fairness, integrity and civility. I will seek
                                                               the forecast for the legal profession’s image in
         reconciliation and, if we fail, I will strive to
                                                               Alabama.                                              ▲▼▲
         make our dispute a dignified one.

       • To the courts, and other tribunals, and to
         those who assist them, I offer respect, candor
         and courtesy. I will strive to do honor to the        2.
         search for justice.                                   3.

14     January 2010
                                                                                                                  Important notices
                                                                                    Notice of Election and
                                                                                     Electronic Balloting

Notice of Election and                                                               Alabama Lawyers’ Hall
                                                                                       of Fame Nomination

Electronic Balloting                                                                                Form

  Notice is given here pursuant to the Alabama State Bar Rules Governing
Election and Selection of President-elect and Board of Bar Commissioners.           Judicial Award of Merit
  Bar commissioners will be elected by those lawyers with their principal
offices in the following circuits:                                                  Amendment of Rules 16,
 1st Judicial Circuit                        15th Judicial Circuit, Place 1              26, 33(c), 34, 45, and
 3rd Judicial Circuit                        15th Judicial Circuit, Place 3              Form 51A, Alabama
 5th Judicial Circuit                        15th Judicial Circuit, Place 4                    Rules of Civil
 6th Judicial Circuit, Place 1               23rd Judicial Circuit, Place 3                  Procedure, and
 7th Judicial Circuit                        25th Judicial Circuit                  Adoption of Rule 37(g),
 10th Judicial Circuit, Place 3              26th Judicial Circuit                   Alabama Rules of Civil
 10th Judicial Circuit, Place 6              28th Judicial Circuit, Place 1
 13th Judicial Circuit, Place 3              32nd Judicial Circuit
 13th Judicial Circuit, Place 4              37th Judicial Circuit
 14th Judicial Circuit

   Additional commissioners will be elected in these circuits for each 300
members of the state bar with principal offices herein. The new commis-
sioner petitions will be determined by a census on March 1, 2010 and
vacancies certified by the secretary no later than March 15, 2010.
   All subsequent terms will be for three years.
   Nominations may be made by petition bearing the signatures of five
members in good standing with principal offices in the circuit in which
the election will be held or by the candidate’s written declaration of can-
didacy. PDF or fax versions may be sent electronically to the secretary, Either paper or electronic nomination forms
must be received by the secretary no later than 5:00 p.m. on the last
Friday in April (April 23, 2010).
   As soon as practical after May 1, 2010, members will be notified by e-mail
with a link to the Alabama State Bar Web site that includes an electronic
ballot. Members who do not have Internet access should notify the
secretary in writing before May 1 requesting a paper ballot. A single
written request will be sufficient for all elections, including run-offs and con-
tested president-elect races. Ballots must be voted and received by the
Alabama State Bar by 5:00 p.m. on the last Friday in May (May 28, 2010).
Election rules and petitions are available at
At-Large Commissioners
   At-large commissioners will be elected for the following place numbers:
2, 5 and 8.

Alabama Lawyers’ Hall of Fame
Nomination Form
  The Alabama State Bar will receive nominations for the 2009 honorees
of the Alabama Lawyers’ Hall of Fame through March 1, 2010. The two-
page form should be completed and mailed to:
  Samuel A. Rumore
  Alabama Lawyers’ Hall of Fame
  P.O. Box 671
  Montgomery, AL 36101
  In 2000, Terry Brown of Montgomery wrote Sam Rumore, the Alabama
State Bar president at that time, with a suggestion to convert the old
supreme court building into a museum honoring the great lawyers of

                                                                                     The Alabama Lawyer      15
     Important Notices                                        Continued from page 15

     Alabama. Although the concept of a lawyers’ hall of            The Judicial Award of Merit was established in
     fame was studied, a later bar president, Fred Gray,         1987. The award is not necessarily an annual award.
     appointed a task force to implement a hall of fame.         It must be presented to a judge who is not retired,
     The Alabama Lawyers’ Hall of Fame is the culmination        whether state or federal court, trial or appellate, who
     of that idea and many meetings. Previous honorees           is determined to have contributed significantly to the
     include:                                                    administration of justice in Alabama. The recipient is
                                                                 presented with a crystal gavel bearing the state bar
                                                                 seal and the year of presentation.
     John B. Scott (1906–1978)
                                                                    Nominations are considered by a three-member com-
     Vernon Z. Crawford (1919–1985)
                                                                 mittee appointed by the president of the state bar,
     Edward M. Friend, Jr. (1912–1995)
                                                                 which then makes a recommendation to the board of
     Elisha Wolsey Peck (1799–1888)
                                                                 bar commissioners with respect to a nominee or
     2007:                                                       whether the award should be presented in any given
     John Archibald Campbell (1811–1889)                         year.
     Howell T. Heflin (1921–2005)                                   Nominations should include a detailed biographical
     Thomas Goode Jones (1844–1914)                              profile of the nominee and a narrative outlining the
     Patrick W. Richardson (1925–2004)                           significant contribution(s) the nominee has made to
                                                                 the administration of justice. Nominations may be
     2006:                                                       supported with letters of endorsement.
     William Rufus King (1776–1853)
     Thomas Minott Peters (1810–1888)
     John J. Sparkman (1899–1985)
     Robert S. Vance (1931–1989)
     Oscar W. Adams (1925–1997)
                                                                      Amendment of Rules
     William Douglas Arant (1897–1987)
     Hugo L. Black (1886–1971)
                                                                      16, 26, 33(c), 34, 45,
     Harry Toulmin (1766–1823)
                                                                      and Form 51A, Alabama
     Albert John Farrah (1863–1944)
     Frank M. Johnson, Jr. (1918–1999)
                                                                      Rules of Civil Procedure,
     Annie Lola Price (1903–1972)
     Arthur Davis Shores (1904–1996)                                  and Adoption of Rule
       To download a printable nomination form for 2010,
     go to              37(g), Alabama Rules of
                                                                      Civil Procedure
                                                                    The Alabama Supreme Court has amended rules

     Judicial Award of Merit                                     16, 26, 33(c), 34, 45, and Form 51A, Alabama Rules of
                                                                 Civil Procedure, and adopted Rule 37(g), Alabama
       The Board of Bar Commissioners of the Alabama             Rules of Civil Procedure. The amendment and adop-
     State Bar will receive nominations for the state bar’s      tion of these rules are effective February 1, 2010. The
     Judicial Award of Merit through March 15, 2010.             order amending rules 16, 26, 33(c), 34, 45, and Form
     Nominations should be mailed to:                            51A and adopting Rule 37(g) appears in an advance
                                                                 sheet of Southern Reporter dated on or about
       Keith B. Norman                                           December 31, 2009. These comprehensive revisions
       Secretary                                                 are to accommodate the discovery of electronically
       Board of Bar Commissioners                                stored information. The text of these rules can be
       P. O. Box 671                                             found at
       Montgomery, AL 36101-0671                                    —Bilee Cauley, reporter of decisions, Alabama
                                                                 appellate courts                                    ▲▼▲

16     January 2010
J. Gilmer Blackburn
  J. Gilmer Blackburn, a Decatur lawyer who dedicat-
ed his life to his family, his church, his profession, his
community, and to Auburn University, died May 31st                               J. Gilmer Blackburn
in Auburn at the age of 81.
                                                                                     Jackson Wilson
  Born in Opelika on October 21, 1927, he was the                                           Guyton
fourth child of Anderson and Vera Blackburn. Mr. Blackburn attended the
Lee County School in Auburn, Alabama from the first through the 12th                    Robert W. Lee
grades. He was drafted out of high school in 1946 and served in Alaska in
                                                                                 John A. Lockett, Jr.
the Army with the Alaska Communication System in 1947 on the Alcan
Highway.                                                                         Donald N. Spurrier
  He entered Alabama Polytechnic Institute (API), now known as Auburn
University, in 1947. While at API he participated in student activities and
was responsible for the campaign to build the first Auburn Student Union
Building. He was a member of the Spades Honorary Society, Alpha Tau
Omega fraternity and other organizations. He graduated from Auburn in
1950 with a bachelor of science. In 1951, during the Korean Emergency,
he was called back into service as a 2nd Lieutenant serving with the 40th
Tank Battalion, 4th Infantry Division, in Germany. Prior to leaving for
Germany, he and Phyllis Birdsong were married in Albertville in 1951.
  Upon returning from the service in Germany, he and Phyllis entered the
University of Alabama in Tuscaloosa. Mr. Blackburn returned to his studies
at the law school and graduated in 1954. He attended New York University
Law School in 1954 under a Kennison National Fellowship and obtained a
master of laws (in taxation).
  In 1955, he established his law practice in Decatur. He was the first tax
attorney in north Alabama. He also lectured extensively on tax matters
for the University of Alabama Continuing Education Program and other
seminars. He was president of the Morgan County Bar Association, chair
of the ASB Tax Section, member of the Committee on Life Insurance
Companies (Section of Taxation, American Bar Association) and a mem-
ber of the Board of Directors of the Alabama Federal Tax Clinic. He was
the founding attorney and senior counsel of Blackburn, Maloney &
Schuppert LLC.
  In 1962, he was elected commissioner of the City of Decatur and served
as its mayor for two terms, being unopposed in his second term. As
mayor, he was responsible for a major development program called
“Operation New Decatur.” The program was developed to bring Decatur
into the New South. It included urban renewal programs to rebuild the

                                                                              The Alabama Lawyer   17
     Memorials                         Continued from page 17

     downtown area for small family businesses, a new civic
     center (including a city hall, courthouse and federal             Jackson Wilson Guyton
     building), major new plans for city schools, and improve-     “The Person I Admire Most”
     ment of recreation activities with three new parks with         The one I admire most is my dad. I admire him because
     recreation centers, including the nationally recognized       he is just what I want to be. He is intelligent, does not mind
     Aquadome swimming pool. The major concept of the              to do hard work, and he is hard working. My dad cares
     plan, however, was the regional Point Mallard Park,           more about his family than himself and he wants to have a
     including the J. Gilmer Blackburn Aquatic Center incor-       good time. He is also kind and does not [mind] helping
     porating the first wave-activated swimming pool in the        people. He wants to help people. He is fair and just and
     United States, a golf course and other activities. The park   pays attention to what unimportant and important people
     has been recognized by the State of Alabama Tourism           say. And when I grow up I want to be just like my dad.
     Bureau as the number one seasonal park in the state.            —Jeffrey P. Guyton
       Mr. Blackburn was also active with the Auburn Alumni        Age 11
     Association and served as the president of the Morgan           I have only worked and known Mr. Guyton since
     County Auburn Alumni Club and as member of the                January of 2007, but from everything his clients, friends
     Executive Committee and president of the National             and family have said about him, he is the same kind
     Auburn Alumni Association. He was a charter member of         and caring man today as he was 37 years ago when his
     the Auburn University Foundation, serving on its board        son Jeff wrote the above essay for school. Mr. Guyton
     of directors and as vice president, president and chair-      has had a long and wonderful life, personally and pro-
     man of the board, and member emeritus of its board.           fessionally, and it has been truly an honor to have
       He was preceded in death by his parents, his wife of        worked for him and known him.
     48 years, Phyllis Birdsong Blackburn, and his brother,          Mr. Guyton was born in 1926 to John L. and Lallie
     Joe Blackburn. He is survived by his wife, Dorry Ann          Dunbar Guyton who lived in the western section of
     Blackburn; three children, Gay Maloney and husband            Jefferson County. He grew up in Dolomite and later
     Mark, Allison Akins and husband Bobby and Lisa Ayerst         moved to West End where he graduated from high
     and husband Rob; his grandchildren; and the children          school. Mr. Guyton served two years during World War
     of his wife, Trey Johnston and wife Rebecca, Skip             II. After the war, he graduated from the University of
     Johnston and wife Glenda and Dixie Keller and hus-            Alabama in Tuscaloosa with an engineering degree. In
     band Gray; and Dorry Ann’s grandchildren.                     1950 he went to work at US Steel as an industrial engi-
       Gilmer Blackburn was the embodiment of the ideal of         neer, and then later worked in labor relations.
     the lawyer as public servant. He was a visionary for the        He attended Birmingham School of Law and passed
     City of Decatur. Two days after his death, The Decatur        the bar exam in 1957. In 1966, he began practicing with
     Daily editorialized: “That the former mayor was ‘the          Frank B. Parsons and Victor C. Harwood in Fairfield. In
     Father of Point Mallard’ is more than a statement on a        1971, Victor Harwood died and J. Clewis Trucks joined
     plaque at the water park’s entrance. Point Mallard Park       Frank Parsons and Jack Guyton to form Trucks, Parsons
     would not exist but for his efforts. The legacy, though,      & Guyton. In 1984, Frank Parsons and Jack Guyton
     goes beyond a park. He had a vision of Decatur that           began practicing under the name of Parsons & Guyton,
     included industry, but refused to stop there.” Gilmer         and the office has been located at 4507 Gary Avenue in
     Blackburn will be missed, not only by his family and his      Fairfield since 1984.
     colleagues, but also by the citizens of his city.               In 1960, Mr. Guyton married Martha Lou Harless and
       —Mark Daniel Maloney, Decatur                               later they had two children, Jeffrey P. Guyton and

18     January 2010
Tracey G. Cole. Mr. Guyton also has an adorable eight-       deservedly so. While there were accolades, publica-
year-old granddaughter, Katie. Mr. Guyton and his fami-      tions, authorships and honors, Bob’s legal presence
ly have been long-time members of Mountain Brook             was more of an intangible greatness.
Baptist Church. Some people thought that when Mr.              While law was important to Bob, his greatest passion
Guyton’s beloved Martha Lou passed away in 2002 he           was for his family. If he were here today for me to ask
would retire. Not so—it wasn’t until he was physically       him what his greatest accomplishment in life was, I
unable to drive himself to work that he was forced to        know he would answer his two sons, Harrison and
retire this July, at the age of 83.                          Draper. My days of practice with Bob were always filled
  In 2008, the Alabama State Bar recognized Mr.              with stories of carpool adventures, Auburn football
Guyton’s 50 years of service as an attorney. He was a        games and going to the lake house, and all included his
long-standing member of the Fairfield Chamber of             boys. After my girls were born, Bob became not only
Commerce, the Exchange Club, the Birmingham Bar              my legal mentor but also my parenting mentor–a role I
Association and the Alabama State Bar. He had a general      think he preferred! I hope that I can live up to his hopes
practice, but his primary concentration over the last sev-   for me as a lawyer and a mother. I will miss my law
eral years had been in planning and probating estates,       partner, my mentor and my friend. I know I am not
representing landlords and real estate transactions.         alone in missing him.
  Unfortunately, Mr. Guyton passed away September              —Wendy N. Thornton, Birmingham
24, 2009. He touched so many lives with his wit,
warmth and knowledge. He will be truly missed.
  —Jeanne Wood, PLS                                              John A. Lockett, Jr.
                                                               John A. Lockett, Jr., 66, of Selma, died October 31
                                                             after a brief illness. Mr. Lockett is survived by his wife of
Robert W. Lee                                                36 years, Martha Beasley Lockett of Selma; his mother,
  Robert W. Lee, age 55, passed                              Louise D. Lockett of Selma; his sons, John A. Lockett III
away on August 16, 2009. The legal                           (Erin) of Atlanta and Peyton B. Lockett of Birmingham; a
world lost a vital, talented member                          sister, Sue Lockett Lovoy (Steve) of Birmingham; and
of its bar at too early of an age.                           nieces and a nephew.
Those of us fortunate to have had                              Mr. Lockett was born in Selma November 21, 1942.
Bob in our legal lives will miss him for several reasons.    He graduated from A.G. Parrish High School in Selma
He had the uncharacteristic ability to make every            in 1960 and from Birmingham-Southern College in
lawyer, young or old, feel important and worthy of the       1964, where he was a member of Sigma Alpha Epsilon
practice of law. This is a rare talent that speaks volumes   fraternity. He graduated from the University of Alabama
about his character. But, mostly, he made the practice       School of Law in 1967. After serving a short time as an
of law fun. Not many can carry this badge of honor.          assistant attorney general for the State of Alabama, Mr.
  His depth of knowledge of any topic from law to            Lockett returned to Selma where he was engaged in the
medicine to Auburn football, his uncanny ability to nar-     private practice of law for over 40 years, devoting much
row the issues down in a case, his unique ability to find    of his career to assisting the working people of Selma
good in every person and situation, his open personali-      and the surrounding area with their legal affairs. Mr.
ty that made lawyers relish having a case with him, and      Lockett served one term, 1974-1978, as a representative
his natural presence in front of a jury or judge encom-      in the Alabama state legislature representing Dallas and
pass the perfect lawyer that Bob Lee was. Judges             Bibb counties as a Democrat.
respected him, opposing counsel appreciated his can-           He will be missed by his family and all of those who
dor and the plaintiff’s bar honored him, and all             knew him.

                                                                                                 The Alabama Lawyer          19
     Memorials                          Continued from page 19

     Donald N. Spurrier                                             cases for our appellate courts, settling three. Nine dis-
                                                                    putes were mediated by him before they were even
       We remember our friend, media-                               filed in court, and he settled eight of them.
     tor and peacemaker, Donald N.                                       In a recent interview with Jeremiah Hodge for the
     Spurrier. Don, of Spurrier, Rice &                             fall 2009 Alabama Association for Justice Journal,
     Forbes LLP in Huntsville, passed                               Judge Karen Hall said, “That’s why Don Spurrier’s
     away October 27th.                                             such a great mediator, because he’s been around the
       Don was a very successful and                                block.” Hodge replied that Don had a lot of credibility.
     well-loved mediator, and a mem-                                Those who knew him certainly agree. Don will be
     ber of the Alabama State Court Mediator Roster and             missed.                                             ▲▼▲
     the Appellate Court Roster. Last year, he mediated 138              —Judith M. Keegan, director, Alabama Center for
     cases for circuit court, settling 91. He also mediated six     Dispute Resolution

        Cole, John Lewis                          Lamar, Robert Standring, Jr.             Smith, Jason Randolph
        Birmingham                                Montgomery                               Dothan
        Admitted: 1959                            Admitted: 1966                           Admitted: 2001
        Died: October 18, 2009                    Died: October 18, 2009                   Died: October 31, 2009

        Corretti, Douglas Philip                  Lanford, Edward Douglas, Jr.             Snoddy, Thomas Edd
        Birmingham                                Tuscaloosa                               Double Springs
        Admitted: 1948                            Admitted: 1954                           Admitted: 1954
        Died: October 11, 2009                    Died: September 16, 2009                 Died: September 13, 2009

        DeMouy, Marshall Jefferson                Markstein, Daniel Harry, Jr.             Solomon, William Howard
        Mobile                                    Birmingham                               Mandarin, FL
        Admitted: 1950                            Admitted: 1934                           Admitted: 1976
        Died: September 17, 2009                  Died: August 9, 2009                     Died: September 20, 2009

        Garvin, John Calder Jr.                   Pogue, Thomas Leo                        Spurrier, Donald Nelson
        Huntsville                                Tuscaloosa                               Huntsville
        Admitted: 1962                            Admitted: 1964                           Admitted: 1956
        Died: November 22, 2008                   Died: May 21, 2009                       Died: October 27, 2009

        Hicks, Preston Lee                        Seale, Turner Chapman, Jr.               Torbert, Jack Whitfield
        Foley                                     Montgomery                               Gadsden
        Admitted: 1994                            Admitted: 2002                           Admitted: 1950
        Died: September 5, 2009                   Died: October 11, 2009                   Died: May 5, 2009

        Hodgkins, Robert Walker                   Sikes, Stanley Britt
        Birmingham                                Fort Lauderdale, FL
        Admitted: 1953                            Admitted: 1965
        Died: October 8, 2009                     Died: June 17, 2009

        Kenner, Hamilton Gray                     Simpson, James Evans
        Santa Rosa Beach, FL                      Birmingham
        Admitted: 1996                            Admitted: 1957
        Died: April 5, 2009                       Died: March 10, 2009

20     January 2010
                                                                                                         Bar Briefs
• The Alabama Workers’ Comp Blawg was recently selected as a
  LexisNexis Top 25 Blogs for Workers’ Compensation and Workplace
  Issues. Selections were made by the LexisNexis Workers’
  Compensation Law Center staff using feedback from community mem-
  bers and Larson’s National Workers’ Compensation Advisory Board
  members. The blog is owned and maintained by the Birmingham firm
  of FISH NELSON, LLC which handles insurance defense litigation with a
  focus on workers’ compensation matters.

• Robin L. Beardsley and Marcus M.
  Maples of Sirote & Permutt will chair sub-
  committees for the 2009-10 Defense
  Research Institute Young Lawyers’
  Committee. As members of the YL Steering
  Committee, Beardsley will chair the Civility     Beardsley        Maples         Alabama Workers’
  & Professionalism Subcommittee and Maples                                             Comp BlawG
  will serve as vice chair of the Diversity Subcommittee.
                                                                                    Robin L. Beardsley

                                                                                    Marcus M. Maples

                                                                                       Charles Gaines

                                                                                          Wilbor Hust
   Gaines           Hust           Joseph           Saxon           Whatley

                                                                                     Anthony Joseph
• The State Fellows of the American College of Trial Lawyers announce
  that Charles Gaines, Wilbor Hust, Anthony Joseph, John Saxon
                                                                                          John Saxon
  and Joe Whatley have been inducted into the fellowship. The college
  strives to improve the standards of trial practice, the administration of
  justice and the ethics, civility and collegiality of the trial profession.              Joe Whatley

• The Alabama Law Foundation announces that April                                      April Houston
  Houston is the winner of the Justice Janie L. Shores
  Scholarship. The foundation and the Women’s Section of                       William B. McGuire, Jr.
  the Alabama State Bar established the scholarship in
  2006 for female residents attending an Alabama law
                                                                                     Fredrick H. Olsen
  school. The Justice Janie L. Shores scholarship is named
  in honor of the first female Alabama Supreme Court              Houston
  Justice, who was elected in 1974. Houston graduated from
  the University of Alabama at Birmingham in 2005. She currently attends
  the Thomas Goode Jones School of Law School in Montgomery and
  will graduate in May 2010. Houston has served on the editorial board of
  the Faulkner Law Review, was a Camille Armstrong Scholarship recipi-
  ent for spring 2005 and was recognized as a University Scholar.

• Tanner & Guin announces that William B. McGuire, Jr.
  was recently named a fellow in the American Academy
  of Matrimonial Lawyers (AAML). He joins a select group
  of 1,600 attorneys across the U.S. which recognizes the
  nation’s top family law attorneys representing individuals
  in the areas of divorce, annulment, prenuptial and post-
  nuptial agreements; marital settlement agreements, child          McGuire
  custody and visitation; business valuations, property valua-
  tions and division; alimony; and child support.

• Fredrick H. Olsen, a partner in the Public Finance Department of
  Ballard Spahr LLP, has been named a fellow to the American College of
  Bond Counsel. The college recognizes lawyers with reputations among
  their peers for “skill, experience and high standards of professional and
  ethical conduct in the practice of bond law.”                       ▲▼▲

                                                                               The Alabama Lawyer   21
                                                                                                         Young Lawyers’ Section
                              ASB President Tom Methvin with two fall
                              2009 admittees at the October Admissions
                              Ceremony (Photo by Village Photography)
                                                                                  Robert N. Bailey, II
New Admittees, CLE and Pro Bono –                                         

Have We Left Out Anything?
   I am pleased to recognize the members of the executive committee who
will be serving our section this year: Gray Borden (Birmingham), David
Cain (Mobile), Brandon Hughey (Mobile), Shay Lawson (Tuscaloosa),
Hughston Nichols (Birmingham), Clifton Mosteller (Birmingham), Mark
Bledsoe (Huntsville), Nathan Dickson (Union Springs), Hall Eady
(Birmingham), Leslie Ellis (Montgomery), J.R. Gaines (Montgomery),
Katie Hammett (Mobile), Brett Ialacci (Birmingham), Louis Calligas
(Montgomery), Andrew Nix (Birmingham), Rodney Miller (Birmingham),
Jon Patterson (Birmingham), Mitesh Shah (Birmingham), Chris Waller
(Montgomery), Larkin H. Peters (Mobile), Brad Hicks (Bay Minette),
Walton Hickman (Greenville), Sancha Epiphane (Mt. Meigs), Brian
Murphy (Mobile), Chip Tait (Mobile), Nathan Ryan (Sheffield), William
J. Long (Birmingham), and Elizabeth Kanter (Birmingham).
   In October, we hosted the Alabama State Bar Admissions Ceremony for
fall admittees at the Montgomery Performing Arts Center. The MPAC at
the Renaissance Montgomery Hotel and Spa serves as an excellent venue
for this event. Chris Waller, chair of our Admissions Ceremony subcom-
mittee, did an excellent job in making this event successful. Also,
Nathan Dickson, Louis Calligas, Walton Hickman, Kitty Brown,
and Leslie Ellis are recognized for their hard work on this ceremony.
   In November, we hosted our Eighth Annual Iron Bowl CLE, which was
fantastic! We thank Balch & Bingham LLP for allowing the use of their
offices in Birmingham for this seminar. This year’s great lineup of speak-
ers included Shannon D. Hutchings (general counsel, Barber
Companies), Stephen Wallace (Dawson & Wallace LLC), Brian Walding
(Walding LLC) and the Honorable Caryl P. Privet (circuit judge,
Jefferson County). I also recognize Jon Patterson for chairing this event
and Brett Ialacci and Clifton Mosteller for their hard work in making
this seminar a success. For those who missed it this year, please join us
next year for this always fun and rewarding CLE.
   Speaking of great CLE opportunities, it is not too early to book your
calendar for our annual Sandestin seminar May 12th through May 16th,
2010 at the Hilton Sandestin Beach Golf Resort & Spa in Destin.
   Finally, consistent with ASB President Tom Methvin’s goal of increasing
access to justice in Alabama, our YLS Executive Committee has formed a Pro
Bono Subcommittee chaired by William J. Long and Nathan Ryan. This
subcommittee will be an extension of our former FEMA subcommittee that
provided volunteer assistance to natural disaster victims. The Pro Bono
Subcommittee, in addition to assisting natural disaster victims, will also
attempt to boost membership in the Volunteer Lawyers Program in
   If you have any questions about your Young Lawyers’ Section, or to get
more involved with the YLS, please contact me at▲▼▲

                                                                             The Alabama Lawyer     23
                                 A L A B A M A                                               S T AT E                                B A R

          Fall 2009 Admittees
                                                                                                                                      (Photograph by FOUTS COMMERCIAL
                                                                                                                                              PHOTOGRAPHY, Montgomery,

           S T A T I S T I C S                                                               O F                    I N T E R E S T
     Number sitting for exam .............................................................................................................................. 485
     Number certified to Supreme Court of Alabama ......................................................................................... 362
     Certification rate*......................................................................................................................................... 74.6   percent
     Certification Percentages
     University of Alabama School of Law......................................................................................................... 94.5                   percent
     Birmingham School of Law ......................................................................................................................... 44.7             percent
     Cumberland School of Law.......................................................................................................................... 91.4             percent
     Jones School of Law .................................................................................................................................... 84.5       percent
     Miles College of Law...................................................................................................................................       7.1   percent
     *Includes only those successfully passing bar exam and MPRE
     For full exam statistics for the July 2009 exam, go to, click on “Members” and then check out the
     “Admissions” section.

24         January 2010
Alabama State Bar Fall 2009 Admittees
Frelon Abbott III               Alyson Leigh Cantrell           Sarah Kathleen Dunagan        Elizabeth Ann Hamrick
Ruth Frances Alexander          Ruth Suzanne Carlisle           Robert Martin Durham          George Mathews Handey Jr.
Mary Michelle Alexander-Oliver Jonathan Gabriel Carpenter       Nicole Byrd Dyess             Wendy Nicole Hardegree
Timothy Mark Allen              Larry Michael Carr              Sasha Lynn Eastburn           Matthew Rutland Harrison
Sheena Allen                    Jessica Neil Carson             Maria Virginia Echenique      Peter James Harrison
Zachary DeWitt Alsobrook        Anna Ludlum Chambers            Bradley Walter Edmonds        John Matthew Hart
Michael Kingston Amster         Pooja Chawla                    Freddrick Anthony Effinger    Carolyn Jaye Hayes
Laura Catherine Ashburner       Michael Allen Chester           William Andrew Ellis          Patrick Scott Haynes
Jinyoung Bae                    Anne Christine Christensen      Cameron Wayne Ellis           Margaret Jessica Head
Kimberly Irnita Baker           Stephen Chu                     Margaret Leigh Enfinger       Timothy Alan Heisterhagen
John Stewart Baker IV           William Scott Clay              Tobby Ray Evans               April McEachern Helms
Janice Rae Ballard              Laura Lee Clemons               Joel Marshall Everest         Ryan Roebuck Hendley
                                                                                              William Justin Hendrix
Christopher William Basler      Karen Elizabeth Cleveland       William George Fendley
                                                                                              Jennifer Marie Herring
Michael Douglas Beach           Jonathan Christopher Cobb       Austin Lee Fenwick
                                                                                              Olan Scott Hewitt
Joshua Brent Beard              Tammi Sheree Cockrell           Dara D. Fernandez Perez
                                                                                              Sara Robinson Higgins
Frank Austin Branscomb Beavers Marianne Helen Combs             Daniel Joseph Ferretti
                                                                                              Megan Elizabeth Hoggard
James Edwin Beck III            Matthew David Conn              Daniel Stephen Flickinger
                                                                                              Lee Faith Holland
Sarah Elizabeth Bell            Rebecca Ann Cook                Ashley Sheron Fowler
                                                                                              Leslie Anne Hopkins
George Bolin Belohlavek         Timothy Paul Cook               Anna Leigh Fowler
                                                                                              Robert Austin Hornbuckle
Matthew Edward Benak            David John Coombes              Alisha Dawn Franklin
                                                                                              David Lee Horsley
Jennifer Kathleen Benedict      Jamie Elizabeth Coston          Jonathan Blake Friedlander
                                                                                              Brad Alan Howell
Katherine Ann Berkmeier         Christopher Heath Cox           Stephen Matthew Frisby
                                                                                              George Allen Howell
Jessica Lynn Betts              Jessica Robinson Craft          Daniel Scott Fuqua
                                                                                              David Lee Hubbard
Angelia Cherice Biggs           Laurel Marie Crawford           Jeremy Scott Gaddy            Meggan Marie Huggins
Casey Nicole Biggs              Katie Marie Crow                Gregory Allen Garnette        Craig Fowler Hughes
Joel Ray Blankenship            Carla Camille Crowder           James Ralph Garrison III      Wesley Jerome Hunter
James Rodney Bledsoe            Judson Eric Crump               George Carroll Gaston         Stacie Elizabeth Irwin
Daniel Heath Boman              Christopher Jason Cunningham    Charles Ryan Germany          Brandon Terrell Isleib
Lindsey C. Boney IV             Adam Christopher Dauro          James Walter Gibson           Jon Andrew Isom
Megan Bookout                   Robert Jeffrey Davis            Grant William Gibson          Adam Kent Israel
Heather Leigh Friday Boone      Joseph Ladd Davis               Justin Lee Gifford            David Carlton Jamieson
Brad Jacob Booth                Summer Austin Davis             Myung-Sun Caitlyn Goldstein   Patrick Lee Jarrett
Joseph Bryan Boudreaux          Margaret Frances Demeranville   Jeffrey Leonard Goodgame      Marvis Leroy Jenkins
Stephen Douglas Boyd            Ashley Lauren Dismukes          Daniel Joseph Goodman         Malcolm Lee Johnsey Jr.
Teri Christine Breloski         MarkHenry Licuanan Dithmer      Thomas Russell Goree Jr.      Margaret Rose Johnson
Kathryn Lindsay Wade Bridges    Marc Lee Domres                 John David Gray               Jadine Caroline Johnson
Sarah Elizabeth Brown           Jeff David Donaldson            Marchello Dewaun Gray         Stephanie Nicole Johnson
David Tyler Brown               Erin Lynne Donohoe              Cole Robinson Gresham         Justin Lee Jones
Delmar Eugene Buck III          Matthew Ted Dorius              Lucas Wayne Griffin           Emily Ann Jones
George Blanchet Bulls II        Brent Whitmore Dorner           John Eugene Griffin           Abbott Marie Jones
Russell Kane Burnette           Sarah Elizabeth Dorner          Ashley Powell Griffin         Amanda Cauthen Jones
Michelle Nicole Butler          Jeffrey Paul Doss               Preston Wells Griffith III    Jessica Lora Jones
Robert Nash Campbell            Summer Brook Dowdy              Seth Bryant Grissom           Mark Preston Jones
Jeffrey Bartow Cannon Jr.       Christopher Allen Driskill      Eugenia Walker Hamilton       Stephanie Maria Joppeck
Jennifer Gregory Cannon         Charley Michael Drummond        Amy Marie Hampton                     (Continued on page 26

                                                                                              The Alabama Lawyer          25
Alabama State Bar Fall 2009 Admittees                               (Continued from page 25)

Jennifer Michelle Justice    Taylor Sumner Meadows        Kristi Anne Powers                 Ryan Matthew Smith
Christopher Mark Kaminski    Jason Scott Medlin           Richard Allen Powers               Stanley Richard Snyder
Kristofor Wyatt Kavanaugh    Jason Michael Meyerpeter     Austin Smitherman Prestwood        Kasee Garnet Sparks
Robert David Keahey Jr.      Jennifer Suzanne Michaelis   Jeffrey Donald Price               Sidney Bradford Spear
Christine Elizabeth Keifer   Chadrick Wayne Milam         Mary Leslie Price                  Brian Learmond Spellen
Robert Joseph Kelly          Allison Joanne Miller        Ashaunti Veneek Pritchett-Parker   William Tyler Stafford
Patrick Brittain Kenerly     Bradley William Miller       Ashley Fallon Ragsdale             Jennifer Rene’e Stanley
Dustin Wesley Kennemer       Ronald Boa Miller Jr.        Stephanie Michelle Ramsay          Jason Patrick Statum
Byron Woodrow Ketcham III    Megan Eva Miller             Robert William Reed                David Fitzgerald Steele Jr.
Michael Paul Killian         Jacob Allen Millican         Katherine Ellis Reeves             Megan Perkins Stephens
Alan Scott Kirk              David Welles Mitchell        Mitchell Lawrence Reid             Richard Scott Stewart
Kristy Maria Kirkland        Jeremy Wayne Mitchell        Charles Michael Renta III          Clark Vann Stewart
Megan Arys Kirkpatrick       Joshua Dayton Moore          John Daniel Rhames                 Stacey Leigh Strain
Andrew Clair Knowlton        Michael Roberto Morenilla    Latisha Denise Rhodes              William Reid Strickland
Heather Jess Koch            Nicholas Francis Morisani    Kelli Leigh Roberson               Rachel Holland Sullivan
Justin Alexander Lackey      Adam Gregory Mudge           Charles Alton Roberts Jr.          Margaret Emerson Summerford
Rachel Dana LaFleur          Jenna Beth Mullendore        Tina Engram Roberts                Charles Edwin Tait
Michael Graham Lane          Aaron Michael Murphy         Ryan Patrick Robichaux             Clifton Douglas Taylor
Katie Marie Langer           Christopher Roesch Neff      Edward Andra Robinson              Alexandra Stevens Terry
Blair Randolph Lanier        Leroy Dektaveon Nix          Anderson Dewey Robinson            Ashton Lauren Thompson
Hannah Baril Lansdon         Dominique Doan-My Thuy       Jeremiah James Rogers              Ryan David Thompson
John Ernest Lawes            Nong                         Anthony Nino Romano                Scott Ledell Tindle
Mark Alan LeQuire            John Paul Norman             Paul Zev Rothstein                 Brooke Lanier Tinsley
Katherine Elizabeth Lewey    Alfred Dudlow Norris III     Courtney Lee Saad                  Jacquelyn Diane Tomlinson
Lisha Xiao Li                Anna Belle Wilder Norton     Thomas Edward Sanders              Rachelle Elizabeth Toomey
Yue Li                       Justin Craddock Owen         Sia Manta Sanneh                   Rachel Leah Turner
Christopher Shawn Linton     Emily Marie Page             Hunter Campbell Sartin             Melanie Starr Turner
Christopher Lea Lockwood     Ian Spencer Palmer           Stanley Scott Sasser               Elizabeth Eugene Utley
Don Boyden Long III          Jong Won Park                Christina Eloise Morrison          Chad Michael Vacarella
Huel McKinley Love III       Angela Denise Parker         Saunders                           Jared Dale Vaughn
Joseph Trent Lowry           Jennifer Leah Parker         Vincent Francis Saylor             Hallie Bourland Wagner
David Ryan Lynch             Alexandria Parrish           William Jason Scheil               Shelley Elizabeth Wallace
Lana Danette Makemson        Dustin Christopher Paseur    Amy Christine Scott                Jordan David Watson
William Preston Martin       Daniel James Pasky           William Edward Scully III          Teresa Belrose Watson
Jacob Pippin Mauldin         Janet Leigh Pate             Laura Kristen Segers               William Lee Webb
William Thomas Mayfield IV   Robin Elizabeth Pate         Justin Clayton Sellers             Ashley Morgan Welch
Mary Kathryn Maynard         Chandra Dawn Paul            Kristy Diana Shelton               Stephanie Joy Whatley
Diane Stamler McAteer        Sarah Suzanne Payne          Matthew Thomas Simechak            TaJay Everette White
Daniel Evan McBrayer         Matthew Irvin Penfield       Walter Lee Sims                    Allison Eileen White
John William McClurkin       Gregory Reid Peoples         Cory Patrick Sims                  Barry Alan White
Dustin Lee McCown            Cynthia LaShele Perdue       Adam Bradley Smelser               Wesley Kyle Winborn
Maloree Gayle McDonough      Margaret Culp Philips        Rachel Alison Smith                Sarah Beth Windham
Thomas Slate McDorman        Meredith Lackey Phillips     Tiffany Bock Smith                 Adam Sidney Winger
Timothy Michael McFalls      Matthew Tae Phillips         Anna Lynes Smith                   Robert Jordan Wood
Mary Catherine McGowan       Joseph Thomas Pilcher IV     Mark Edward Smith                  Tonya Nichelle Woods
Julie Elizabeth McMakin      Joshua Randall Pipkin        Jennifer Alene Smith               Brandon Jamaal Wooten
Summer Len McWhorter         Robert Coles Pitman          Shawnna Haas Smith                 Christopher William Worshek
Jeremy Brian Meador          Jessica Suzanne Pitts        Ashley Nicole Smith                Larry Young Jr.
Monique Kathleen Meadows     Lakelia Patrice Powell       Teri MaLea Smith                   Christy Lanter Young

 26      January 2010

    James E. Beck, III (2009), T. Bowen Hill, III (1953), William I. Hill, II (1962),           Frelon Abbott, III (2009) and
George L. Beck, Jr. (1966), W. Inge Hill, Jr. (1974), and Robert W. Bradford, Jr. (1975)          Garry W. Abbott (1983)
                  Admittee, cousin, cousin, cousin, uncle, and uncle                                 Admittee and uncle

   Huel McKinley Love, III (2009), Huel M. Love, Jr. (1982), Julie L. Love (1999)             Sara Robinson Higgins (2009) and
                             and Betty C. Love (1965)                                            George D. Robinson (1990)
                    Admittee, father, aunt and grandmother                                           Admittee and father

Anderson D. Robinson (2009), Judge Charles E. Robinson (1965),                John McClurkin (2009), Mac McClurkin (2008) and
     Pete Cobb (1980) and Charles E. Robinson, Jr. (1996)                                 Robert Macrory (1970)
              Admittee, uncle, cousin and cousin                                        Admittee, brother and uncle

                                                                                                  The Alabama Lawyer            27

       Andrew Knowlton (2009) and            Thomas Pilcher (2009), Mary E. Pilcher       Wendy Nicole Hardegree (2009) and
       Gov. Albert P. Brewer (1952)            (1985) and John E. Pilcher (1981)             A. Lee Hardegree, III (1980)
      Admittee and grandfather-in-law              Admittee, aunt and uncle                      Admittee and father

Robert D. Keahey, Jr. (2009), Robert D. Keahey, Sr. (1984), Ronnie E. Keahey (1970),      Amy Christine Scott Wasyluka (2009)
     Lara B. Keahey (2004), Marc Keahey (2005), and Lee B. Williams (1956)               and Timothy Paul Wasyluka, Jr. (2004)
           Admittee, father, uncle, cousin-in-law, cousin, and grandfather                      Admittee and husband

  Clark Vann Stewart (2009), Judge Donald Stewart (1971)               J. Bryan Boudreaux (2009), J. Scott Boudreaux (1980)
                and Scott F. Stewart (1998)                                         and Mike Cleckler (1972)
                Admittee, father and brother                                      Admittee, father and stepfather

 28         January 2010

Ruth Frances Alexander (2009) and                 Janice R. Ballard (2009) and                Walter Lee Sims (2009) and
Richard Goodman Alexander (1975)                    Patrick J. Ballard (1996)                 Judge George N. Sims (1976)
        Admittee and father                          Admittee and husband                         Admittee and father

  George B. Bulls, II (2009), Albert C. Bulls, III (1976),         David Fitzgerald Steele, Jr. (2009), Emily Page Steele (2009)
 Fannie Sampson Bulls (1997) and Linda B. Bulls (2002)                       and David Fitzgerald Steele, Sr. (1982)
          Admittee, uncle, aunt and stepmother                        Husband and wife co-admittees, father/father-in-law

Justin Craddock Owen (2009) and             Heather Leigh Friday Boone (2009) and           Mandy Jones Johnson (2009) and
Clyde Craddock Owen, Jr. (1976)                      Eric J. Friday (2005)                    Adrian D. Johnson (2001)
       Admittee and father                           Admittee and brother                       Admittee and husband

                                                                                                The Alabama Lawyer           29

          Margaret Summerford Gaddy (2009), Jeremy Scott Gaddy (2009),                     Jonathan Friedlander (2009) and
          Alice Tatum Summerford (1980) and E. Clark Summerford (1978)                       Donald A. Friedlander (1967)
      Wife and husband co-admittees, mother/mother-in-law, father/father-in-law                  Admittee and father

     Jacob Allen Millican (2009), Judge William Allen            Tyler Brown (2009), Buddy Brown (1977), Allan Brown (2001)
     Millican (1983) and Shannon L. Millican (1998)                                and Brett Brown (2007)
                Admittee, father and cousin                                  Admittee, father, brother and brother

 Margaret Jessica Head (2009) and                Christopher Lockwood (2009) and        Frank Austin Branscomb Beavers (2009)
      James B. Head (1982)                           Robert Lockwood (1996)               and Charles A. J. Beavers, Jr. (1977)
       Admittee and father                             Admittee and brother                      Admittee and father

30         January 2010

 Joshua Moore (2009) and                   Don Long, III (2009) and              Patrick Brittain Kenerly (2009) and
   William Moore (2001)                     Don Long, Jr. (1966)                     James H. Miller, III (1977)
    Admittee and father                      Admittee and father                     Admittee and father-in-law

 Jon Andrew Isom (2009), C. E. Isom (1967) and                 Casey Biggs (2009), Terrie Scott Biggs (2002) and
              Chervis Isom (1967)                                             Greg Biggs (1985)
          Admittee, father and uncle                                     Admittee, mother and father

 Lee F. Holland (2009) and               William Lee Webb (2009) and               Alexandria Parrish (2009) and
 Lyman F. Holland (1957)                  James Van Wilkins (1981)                      Danny Evans (1975)
 Admittee and grandfather                     Admittee and uncle                       Admittee and husband

                                                                                      The Alabama Lawyer           31

       Joel M. Everest (2009) and                 Sarah Payne (2009) and                  Peter Harrison (2009) and
         Mark J. Everest (1978)                     Jack Payne (1971)                          Jack Neal (1977)
          Admittee and father                       Admittee and father                   Admittee and father-in-law

     David Donaldson (2009), Emily Donaldson (2004) and              Justin Lackey (2009), Gary W. Lackey (1981) and
                   Jeff Donaldson (1968)                                          Patricia Lackey (1998)
                 Admittee, sister and father                                     Admittee, father and aunt

       Paul Rothstein (2009) and               Slate McDorman (2009) and             William George Fendley (2009) and
          Joe Erdberg (1974)                  Clarence McDorman, Jr. (1961)         George Washington Fendley, III (1980)
       Admittee and father-in-law                   Admittee and father                     Admittee and father

32        January 2010

    James Rodney Bledsoe (2009), Barry Bledsoe (1978),             Megan Eva Miller (2009), Dwight Kirk Rice (1983) and
     J. Matt Bledsoe (2005) and J. Mark Bledsoe (2004)                          Bruce Miller Rice (1979)
             Admittee, father, cousin and cousin                              Admittee, cousin and cousin

   Sarah Elizabeth Bell (2009) and               Richard Powers (2009) and                 Anne Christensen (2009) and
       John Clarke Bell (1974)                  Jessica Powers Davis (2006)                 Mark Christensen (1995)
         Admittee and father                         Admittee and sister                      Admittee and spouse

Michael Graham Lane (2009), William K. Lane, III (1992) and        Anna L. Scully (2009), William E. Scully, III (2009) and
                 Richard Dance (1948)                                           William E. Scully, Jr. (1986)
             Admittee, father and grandfather                       Wife and husband co-admittees, father-in-law/father

                                                                                             The Alabama Lawyer               33

          Robert Nash Campbell (2009), Robert C. Campbell, III (1967),           William P. Gray, Jr. (1968) and
Vivian Vines Campbell (1992), David Campbell (1997), and Craig Campbell (2006)      John David Gray (2009)
               Admittee, father, sister-in-law, brother, and brother                Father and new admittee

34      January 2010
                                                      A L A B A M A                S T A T E                  B A R

           Volunteer Lawyers Program
                2009 Honor Roll
AUTAUGA                       Samuel McKerall            Louis Rutland             James C. Ingram, Jr.          Stanley Munsey             Jeffrey C. Robinson
Joe T. Booth, IV              Leonard F. Mikul           Elizabeth C. Smithart     Charles G. Reynolds, Jr.      Rebecca Narmore            P. Vaughan Russell, Sr.
Chip W. Cleveland, II         Barney A. Monaghan                                                                 C. Daniel Rosser, Jr.      Charles H. Sims, III
                                                         BUTLER                    CHEROKEE
Laurel W. Farrar              T. Deven Moore             Timothy O. Craig          Albert L. Shumaker                                       Jan Garrison Thompson
Karen H. Jackson              Mary E. Murchison          Lewis Hamilton                                          Vanessa Leonard            Rick E. Williams, III
Kimberly G. Kervin            Meegan B. Nelson           P. Richard Hartley        Robert L. Bowers, Sr.         COVINGTON                  DEKALB
Nancy M. Kirby                Narissa Nelson             Walton W. Hickman         David B. Karn                 K. Mac Bracewell, Jr.      L. Suzanne Bailey
Karen L. Materna              Charles R. Niven           Forrest C. Rule, Jr.      Andrew T. Mayfield            Corey D. Bryan             James E. Brisendine
Jim T. Norman, III            Thomas B. Norton, Jr.      C. Brandon Sellers, III   Dale Rouse Waid               Michael L. Jones, Jr.      E. Allen Dodd, Jr.
Andy W. Tampling, Jr.         Craig D. Olmstead          Samantha R. Sellers       CHOCTAW                       Eugenia L. Loggins         J. David Dodd
George P. Walthall, Jr.       James D. Patterson         Charlotte M. Tesmer       E. Mark Ezell                 John M. Peek               Dana J. Grimes
BALDWIN                       Chandra D. Paul                                      Timothy C. Hutchinson         Ronald W. Penn             Gary Hartline
Shawn T. Alves                                           Bruce N. Adams            J. Perry Newton               Benton H. Persons, Jr.     Robert K. Jordan
                              Allyson C. Pearce
E. E. Ball                                               Christopher D. Albert     CLARKE                        Allen G. Woodard           Patricia C. Kellett
                              Wendy A. Pierce
Thomas O. Bear                                           Hobart H. Arnold, III     James E. Deshler, II                                     Roger G. Killian
                              Diane M. Porter                                                                    CRENSHAW
Vincent A. Bellucci                                      William H. Broome         Wyman O. Gilmore, Jr.         Wayne Carter               Glenn A. Shedd
                              Mark D. Ryan
Bayless Biles                                            Raymond C. Bryan          G. Marc Keahey                Brandon S. Coots           Patrick H. Tate
                              William E. Scully, Jr.
Julian B. Brackin, Jr.                                   LeRoy Alan Cobb           Robert D. Keahey, Jr.         Jon M. Folmar              John H. Ufford , II
                              David Perry Shepherd
J. E. Bridges, III                                       Brian K. Combs            Robert D. Keahey              William R. King            W. N. Watson
                              Shelia V. Stone
H. Max Cassady, Jr.                                      Richard W. Couch          Ronnie E. Keahey              Arlene Richardson          Robert G. Wilson
                              Ashley E. Swink
R. Paul Cater                                            Charles S. Doster         Hardie B. Kimbrough           CULLMAN
                              Jeremy P. Taylor                                                                                              ELMORE
Allan R. Chason                                          Wendy Ghee Draper         Phillip E. Mason              Shirley A. Brice           D. Jason Britt
                              Whit A. Thomas
John Earle Chason                                        Robert B. Folsom, Jr.     J. Charles McCorquodale, IV   R. Champ Crocker           Bonita J. Caldwell
                              Earl P. Underwood, Jr.
L. Brian Chunn                                           Shawn M. Hill             Joseph C. McCorquodale, III   Stephen Griffith           Carla M. Coffey
                              David Vaughn
Elizabeth A. Citrin                                      Christopher M. Hopkins    Lee B. Williams               Shelbie G. Hankey          Regina B. Edwards
                              Angela L. Walker
James P. Coleman                                         Janet May Hudson          CLAY                          Kathryn A. King            John E. Enslen
                              Sara C. Wallace
Samuel N. Crosby                                         Kenneth Alan Hunt, Jr.    Joseph D. Ficquette           James R. Knight            Jon R. Moody
                              Marion E. Wynne, Jr.
Manley L. Cummins                                        Rochelle D. Hunt          COFFEE                        John Knight                Connie J. Morrow
                              Paul W. Brunson, Jr.
Jim G. Curenton, Jr.                                                               Shannon R. Clark              Greg Nicholas
                              Jimmy S. Calton, Jr.       Charles E. Isom                                                                    John D. Norris
Harry M. D’Olive                                                                   Harry L. Gilder, Jr.          Emily K. Niezer
                              Jimmy S. Calton, Sr.       Carey N. Kirby                                                                     Roderick B. Perdue
Michael A. Dasinger, III                                                           Dwain D. Hartwick             Angela H. Sahurie
                              Walter B. Calton           Jayme L. Kirkland                                                                  ESCAMBIA
Lois Carney Divietro                                                               William J. Moore              Robert A. Sapp, Jr.        James E. Coale
                              Richard A. Harrison, III   Fred Lawton, III
Carolyn M. Dohn                                                                    Letitia L. Myers              Seth B. Thompson           Shirley M. Darby
                              Deborah Hicks              Stephen H. Miller
Naomi G. Drake                                                                     James M. Parker                                          Tobby R. Evans
                              James L. Martin            Shirley A. Millwood                                     DALE
Fred K. Granade                                                                    J. E. Sawyer, Jr.             Joe W. Adams               John L. Jernigan, III
                              Donald J. McKinnon         D. Brent Morrison
Robert L. Hagler, Jr.                                                              Leon Merrill Shirley          Robert H. Brogden          Melinda L. Maddox
                              Courtney Potthoff          Nathaniel D. Owens
Charles W. Ham                                                                     Chad E. Stewart               Jack Corbitt               Everette A. Price, Jr.
                              L. Shane Seaborn           William L. Pfeifer, Jr.
Mary Ann Hampton                                                                   Richard Waldrop               Donna C. Crooks            William R. Stokes, Jr.
                              Joel P. Smith, Jr.         Tina E. Roberts
Jule R. Herbert, Jr.                                                               Richard W. Whittaker          Joseph J. Gallo            Jeffrey A. White
                                                         Polly E. Russell
                              BIBB                                                                               J. David Robinson
J Bradford Boyd Hicks         John Hamilton, Jr.         William D. Senter         COLBERT                                                  ETOWAH
David A. Horton                                                                    Ouida Y. Brown                Robert G. Robison          Myron K. Allenstein
                              Anthony Johnson            Aundrea M. Snyder
George R. Irvine                                                                   Nicole M. Dill                Tammy Lynn Stinson         Rose Marie Allenstein
                              BLOUNT                     Gary Stanko
Richard D. Jensen                                                                  Hartwell Alan Gargis          Everett M. Urech           Michele G. Bradford
                              William A. Ellis, III      Brenda S. Stedham
Harold A. Koons, III                                                               H. Thomas Heflin, Jr.         Joe Walker                 Will H. Clay
                              Steven J. Goldstein        Vaughn M. Stewart, II
Oliver J. Latour, Jr.                                                              Harold V. Hughston, III                                  H. Wayne Copeland
                              Roy M. Johnson, III        Cleophus Thomas, Jr.                                    DALLAS
Jonathon R. Law                                                                    James Hughston                Prince D. Chestnut         Brad W. Cornett
                              Brett A. King              Nancy P. Vernon
Gregory L. Leatherbury, Jr.                                                        William T. Johnson, Jr.       April England              Gregory S. Cusimano
                              Alexander M. Smith         Joseph E. Whittington
Robert Scott Lewis                                                                 Charles Kelley                B. Kincey Green, Jr.       Tameria S. Driskill
                              Ted L. Williams, Jr.       CHAMBERS
Corey B. Lipscomb                                                                  John C. McKelvey              James E. Loris, Jr.        Christopher R. Garner
                              BULLOCK                    Lisa M. Burdette
J. Alan Lipscomb                                                                   Tim W. Milam                  Blanchard L. McLeod, Jr.   Patricia H. T. Granger
                              Bradley S. Braswell        Mark H. Carlton
P. David Matheny                                                                   Terry Mock                    Collins Pettaway Jr.       F. Michael Haney
                              Christina D. Crow          William P. Fuller, Jr.
Jessica M. McDill                                                                  Sheila F. Morgan              John E. Pilcher            Charles C. Hart
                              Lynn W. Jinks, III         Susan K. Harmon

   36           January 2010
Emily P. Hawk                Arne M. Foss                By this honor roll, the                           Jamin W. Hogan            Angela D. Parker
William D. Hudson            Shana N. Gartlan                                                              Rhonda S. Hood            Alexandria Parrish
Daniel B. King               Rafael Gil, III               Alabama State Bar                               Kaye K. Houser            E. Bryan Paul
Thomas A. King               Elizabeth B. Glasgow                                                          Calvin Howard             Suzanne D. Paulson
Christina D. Knowles         Michael R. Goodman
                                                        recognizes the following                           John C. Hubbard           Matthew I. Penfield
Donna F. McCurley            Harry P. Hall, II       lawyers for their participa-                          Sidney J. Hughes          Eric G. Peterson
Philip E. Miles              Steven R. Hamner                                                              Elizabeth H. Huntley      Anthony J. Piazza
Jeffrey P. Montgomery        Tilden J. Haywood         tion in volunteer lawyers                           Kearney D. Hutsler, III   Sean C. Pierce
Krystal G. Padula            J. R. Herring            programs across the state.                           Paul A. Irwin, Jr.        Michelle K. Pieroni
James D. Pruett              Rob I. Hinson                                                                 Wyndall A. Ivey           Denise Blue Poe
Richard A. Rhea              David K. Hogg           Their generous assistance,                            Perry G. Jackson          Andrew James Potts
Michael L. Roberts           Gary A. Hudgins                                                               Derry D. Johnson          Lorraine W. Pringle
John T. Robertson, IV        Dow Huskey
                                                       cooperation and dedica-                             Jennifer H. Johnson       Eric L. Pruitt
James T. Sasser              Daniel F. Johnson          tion have enabled these                            Margaret R. Johnson       LaShaun R. Pryor
David W. Trottier            Lora Lea J. Johnson                                                           Kristofor W. Kavanaugh    Randall D. Quarles
A. Wilson Webb               Patrick B. Jones, III    programs to provide legal                            Christine E. Keifer       Gregory J. Reid
Jonathan M. Welch            Matthew Lamere                                                                Robert J. Kelly           Jennifer H. Reid
William R. Willard, Jr.      Joseph D. Lane
                                                     representation to hundreds                            Robert E. Kirby           Myra C. Roberts
J. Curtis Wright             L. Jan Laney                   of disadvantaged                               Jessica D. Kirk           Brandon N. Robinson
FAYETTE                      Allison Y. Lumbatis                                                           Kelly R. Knight           Lisa C. Robinson
Charles A. Langley           John M. Maddox                   Alabamians.                                  Robert R. Kracke          Edward Kenneth Rosser
J. Dale Lawrence, Jr.        Steve G. McGowan                                                              Joseph C. Kreps           Alyson L. Saad
Louis P. Moore               Peter A. McInish                                                              Linda Sanford Lehe        Ayn Traylor- Sadberry
FRANKLIN                     Linda H. Meadows        Eric C. Andreae              Jonna Miller Denson      Jon E. Lewis              Vincent J. Schillieci, III
Roger H. Bedford, Jr.        Ronald C. Mendheim                                                            Yue Li                    David L. Scott
                                                     Ricardo Aparicio             Kimberly S. DeShazo
GENEVA                       Benjamin E. Meredith    J.H. Aughtman                David D. Dowd, III       Christopher S. Linton     Romaine S. Scott, III
Alfred J. Danner             Paul F. Meyers, II                                                            Thomas M. Little          James V. Seal
                                                     John S. Baker, IV            Carl K. Dowdey , III
Laura A. Dell                Joseph Morris                                                                 Bobby Lott, Jr.           Melinda E. Sellers
                                                     Kimberly I. Baker            Angela Turner Drees
Nicole B. Dyess              Joel M. Nomberg                                                               Champ Lyons, III          Heather R. Sharp
                                                     Mary Lynn Bates              Matthew A. Dunaway
Letta Dillard Gorman         Jake A. Norton                                                                Donna Britt Madison       Amy J. Shields
                                                     Kimberly M. Bawgus           W. Lee Elebash
David J. Harrison            William H. Odum, Jr.                                                          Thomas J. Mahoney, Jr.    Joan B. Singleton
                                                     Charles A. J. Beavers, Jr.   A. Brook Emfinger
Jeffery D. Hatcher           James W. Parkman, III                                                         J. Brannon Maner          Melissa E. Smiley
                                                     Mary C. Beers                Barton B. Evans
David F. Holmes              Russell N. Parrish                                                            T. Sheree Martin          Austin E. Smith
                                                     Erin C. Bell                 Jesse Evens, III
Michael P. Hughes            Nancy S. Pitman                                                               W. Preston Martin         David Smith
                                                     Natalie R. Bolling           Joel M. Everest
John L. Knowles              H. Samuel Prim, III                                                           Fred B. Matthews          Marshall E. Smith, III
                                                     Charles H. Booth, Jr.        Steven D. Eversole
Michael P. Lasseter          Joel W. Ramsey                                                                Deborah A. Mattison       William F. Smith, II
                                                     Alexia B. Borden             Michael B. Fargarson
David W. Rousseau            Shannon A. Rash                                                               Gerald Maxwell            A. Jackson Sperling
                                                     Bradford W. Botes            Joseph A. Fawal
Rachel H. Sullivan           Tommy R. Scarborough                                                          W. Thomas Mayfield, IV    Gregory C. Starkey
                                                     Gordon J. Brady, III         Carmen S. Ferguson
HALE                         Jere C. Segrest         Keith E. Brashier            Sean L. Finan            Bradley Curtis Mayhew     Amelia K. Steindorff
Patrick S. Arrington
                             Rufus Smith, Jr.        E. L. Brobston               Shayla R. Fletcher       M. Kathryn Maynard        J. Ted Stuckenschneider
HENRY                        J. Farrest Taylor                                                             David L. McAlister        Ashley F. Thomas
Samuel C. Money                                      Brian P. Brock               Elizabeth R. Floyd
                             Eric M. Wade            Keith A. Brown               E. Prim Formby           Walter F. McArdle         Thomas E. Thrash
James D. Peterson
                             William B. Wadsworth    Kris D. Burbank              Alan L. Foster           Phillip W. McCallum       Michael D. Tucker
HOUSTON                      J. Kevin Walding                                                              Terrence W. McCarthy      Douglas B. Turnbull
Mark Hampton Baxley                                  Cynthia Vines Butler         Robert P. Fowler
                             Gregory L. Watt         Michelle N. Butler           Patrick W. Franklin      Reginald D. McDaniel      Tyler C. Vail
Wade Baxley
                             Freddie White           Michael E. Bybee             V. Edward Freeman, II    Mary C. McGowan           Michael A. Vercher
Bryan S. Blackwell
                             JACKSON                 Donna K. Byrd                Peter S. Fruin           M. Elizabeth McIntyre     Karen A. Vest
Steven K. Brackin
                             Gregory Scott Berry     Leslie A. Caldwell           A. Brantley Fry          Douglas McWhorter         William B. Ware
Rebecca B. Brown
                             Daryl R. Eustace        Robert Joseph Camp           Clair M. Gammill         D. Tara Middleton         Katrina Washington
Debra H. Buchanan
                             Stephen M. Kennamer     David A. Carn                Robert S. Gargis, II     Rodney E. Miller          Latanisha Watters
William Terry Bullard, Jr.
                             S. Jack Livingston      Jack Carney                  Shannon George           Zachary D. Miller         John G. Watts
W. Terry Bullard
                             Kenneth H. Looney       Dawn S. Carre                Tena M. George           Joy J. Minner             Kenneth E. Watts
Dustin R. Byrd
                             Pamela M. Parker        Kevin E. Clark               Kristel N. Gibbons       Anne W. Mitchell          Gary L. Weaver
Jon Christopher Capps
                             Gerald R. Paulk         William N. Clark             James W. Gibson          Christopher A. Mixon      Andrea L. Weed
Terry M. Carey
                             Finis A. Royal          Katherine A. Collier         Leatha Kay Gilbert       Carolynn H. Moore         Pamela B. Weed
William C. Carn, III
                             Patricia C. Stewart     Gregory C. Cook              William P. Glass, Jr.    Patricia N. Moore         Martin E. Weinberg
Tracy W. Cary
                             William W. Tally        Robert E. Cooper             Robert L. Gorham         Robert E. Moorer          J. Bennett White
Joe M. Chambers
                             Don Word                Robert D. Cornelius          Irene M. Graves          Joe W. Morgan, III        Derry Olive Wilcox
Daniel K. Clark
                             JEFFERSON               Melissa B. Croxton           Bryan A. Grayson         Mari Morrison             Christopher J. Williams
Lori S. Collier
                             Garry W. Abbott                                                               J. Leland Murphree        Ronald D. Williams
J. Michael Conaway                                   John G. Dana                 Daryl P. Harris
                             Cassandra W. Adams                                                            George M. Neal, Jr.       Jenny R. Wilson
Bobbie Crook                                         Dow A. Davidson              Elizabeth Davis Harris
                             Monica Y. Agee                                                                Chris J. Nicholson        Chereka L. Witherspoon
Patrick H. Davenport                                 Kelvin L. Davis              Wallis S. Haynes
                             Leslie M. Allen                                                               J. Edmund Odum, Jr.       Robert W. Wolfe
Jonathan K. Espy                                     Stephen D. Davis, II         Margaret J. Head
                             Richard D. Allen, Jr.                                                         Shane M. Oncale           Fredrick M. Wright
William Feagin                                       Summer A. Davis              George M. Higginbotham
                             Keith S. Anderson                                                             Robert L. Palmer          Richard A. Wright
D. Taylor Flowers                                    Tracy R. Davis               David Jason Hodge

                                                                                                                        The Alabama Lawyer                   37
Christy L. Young            John E. Cochran, Jr.        The Alabama State Bar                                 Brad P. Ryder           James D. Walker
Shemireyah Young            Robert H. Cochran                                                                 Sandra R. D. Segal      Dan T. Warnes
Tiara S. Young              William D. Coleman           and the four organized                               Leslie C. Sharpe        Wade K. Wright
Edward I. Zwilling          Andrew D. Cooper                                                                  Kristy D. Shelton
                            Larry G. Cooper, Jr.
                                                       pro bono programs salute                               Kay G. Siniard
                                                                                                                                      Christina M. Adcock
Glenn Carlyle Noe           Paul R. Cooper                 all private attorneys                              Ronald W. Smith         Gary P. Alidor, Sr.
Audrey O. Strawbridge       William T. Crutchfield                                                            Mark D. Swanson         Matthew J. Bauer
LAUDERDALE                  Patrick C. Davidson           across the state who                                Shelly Thornton         Kimberly L. Bell
Ian M. Berry                                                                                                                          Britten L. Britt
Ernest N. Blasingame, Jr.
                            Nancy Jones Davis           donated some portion of                               Frank S. Ward
                                                                                                                                      Harwell E. Coale, III
                            William David Dawson                                                              C. Rena Webb
Daniel E. Boone             Joseph C. Denison            their time to providing                              Bobbi J. Weeks-Wilson   Lisa Cooper
Ryan G. Brake               W. Don Eddins                                                                     Ashley G. White         Eric B. Cromwell, II
Greg K. Burdine             Thomas M. Eden, III
                                                         free legal assistance to                             Gayle N. Williams       Aurelius E. Crowe
Edward W. Doggett
James R. Engelthaler
                            Ewell H. Elliott, Jr.         low-income persons.                                 MARENGO                 Craig D. Dahle
                            Van C. Gholston                                                                   Thomas H. Boggs, Jr.    Kristin L. Daniels
Michael Fraser Ford         William E. Hardy, Jr.                                                             Russell Burdett         Carl E. Freman
Robert L. Gonce             James K. Haygood, Jr.                                                             William Coplin, Jr.     Barry A. Friedman
Benjamin R. Graves                                    Linda H. W. Henderson      Gabrielle Helix              Woodford Dinning, Jr.   Timothy M. Grogan
                            Patrick Hays, Jr.
James E. Hall, II                                     Tiffany N. Johnson         Tara L. Helms                John M. Gibbs           Brandy B. Hambright
                            Sarah F. Henson
R. Willson Jenkins, Jr.                               Ernestine S. Sapp          Danny D. Henderson           Gregory Griggers        Roy Wallace Harrell, III
                            Tom E. Jones
Gary Jester                                           Brian P. Strength          Mary R. Hill                 Richard S. Manley       Jeffery J. Hartley
                            C. Robin Kelley
Elizabeth G. Messer                                   MADISON                    Steven M. Howie              William S. Poole, Jr.   Christine C. Hernandez
                            Glen D. King
Daryl Wayne Moon                                      James R. Accardi           Michael P. Huff
                            Katherine M. Klos                                                                 Sebie G. Sellers        R. Scott Hetrick
Kim A. Norris                                         Joseph D. Aiello           Claude E. Hundley, III
                            Margaret Ann Mayfield                                                             K. Scott Stapp          Charles A. Hicks
A. Stewart O’Bannon, III                              Allison B. Akins           Benjamin W. Hutton
                            John W. McCollum, Jr.                                                             William A. Ward         Jennifer Holifield
C. David Odem                                         Eric J. Artrip             Jeffrey B. Irby
                            James D. McLaughlin                                                               MARION                  D. Chuck Holtz
Dennis N. Odem                                        Angela S. Ary              Laura D. Jacobs              William H. Atkinson
                            Marrell McNeal                                                                                            William B. Jackson, II
John Stanford Odem                                    John Baggette, Jr.         Amber Y. James               William B. Fite
                            Robert T. Meadows, III                                                                                    Ishmael Jaffree
Joe M. Patterson, Jr.                                 Walter A. Baker            Corey W. Jenkins             J. Tony Glenn
                            Gail Smith Meek                                                                                           Clifford W. Jarrett
Harold G. Peck                                        Page A. Banks              Jerrery A. Johnson           C. Harry Green
                            Brian T. Mosholder                                                                                        Candace L. Johnson
Conrad Pitts                                          Rebekah P. Beal            Michael P. Johnson           Diane Haden Henderson
                            Roben Nutter                                                                                              Gregory R. Jones
Jamy B. Poss                                          Anna Blair                 Sharon A. Johnston           R. Wyatt Howell, Jr.
                            Phyllis F. Parker                                                                                         Kyla G. Kelim
Frank Potts                                           Justin M. Bledsoe          George P. Kobler             J. O. Isom
                            Robert H. Pettey, Jr.                                                                                     Christopher Kern
Cindy S. Schuessler                                   James K. Brabston          Marlene Koch                 A. Wade Leathers
                            Roger W. Pierce                                                                                           Clay A. Lanham
Henry F. Sherrod, III                                 Larry W. Brantley          Winston V. Legge, Jr.        John V. Martine
                            Stephanie Marti Pollard                                                                                   Byron Lassiter
Hilda Trapp Smith                                     William G. Burgess         Lee S. Leggett               Lonnie D. Spann
                            W. Larry Ray                                                                                              Tracie B. Lee-Roberson
Robert F. Smith                                       Clint W. Butler            Robert C. Lockwood           Jeremy L. Streetman
                            Mitzi L. Sears                                                                                            James E. Loris, Jr.
Ricky V. South                                        Frank M. Caprio            Johann R. Manning, Jr.       Oliver F. Wood
                            James Sprayberry                                                                                          Yancey Davis Lott, Jr.
Donald G. Tipper                                      Richard C. Carter, Jr.     Kimberly B. Martin
                            Elaine Thomaston                                                                  MARSHALL                Edward R. March, III
Albert J. Trousdale, II                               Shannon M. Cazzavillan     M. Clay Martin               Christopher F. Abel
                            Philip A. Thompson                                                                                        James H. McDonald, Jr.
Randy D. Whitten                                      Annary A. Cheatham         Ben L. McArthur              Jerry W. Baker, Jr.
                            Cecil Tipton, Jr.                                                                                         Jeffrey Garrett Miller
Douglas Wright                                        Richard E. Chesnut         John B. McDaniel             George M. Barnett
                            Edward F. Tracy                                                                                           Jennifer S. Morgan
Joe H. Yates                                          Donald L. Christian, Jr.   Tina R. McDonald             E. Will Beard
                            Philip O. Tyler                                                                                           Kenneth A. Nixon
Brant Young                                           P. Michael Cole            Reta A. McKannan             Randy Beard
                            Arnold Umbach, Jr.                                                                                        Louis C. Norvell
                                                      Meteasa L. Collins         Christopher M. Messervy      James R. Berry
LAWRENCE                    Clinton L. Wilson                                                                                         Terrie S. Owens
Rod M. Alexander                                      Rochelle A. Conley         Barbara C. Miller            R. Claud Burke
                            LIMESTONE                                                                                                 Melinda J. Parks
Mark A. Dutton                                        Maureen K. Cooper          David E. Mixon               Jimmy F. Carnes
                            Henry W. Blizzard, Jr.                                                                                    J. Day Peake
John D. Kimbrough                                     Edmund A. Crackel, III     George Allen Moore           Norma M. Chaviers
                            Zachary L. Burgreen                                                                                       Mary E. Pilcher
Sean Masterson                                        Suzette E. Daniels         Yancey A. Moore, III         Richard Fricks
                            Stephen G. Campbell                                                                                       Austin S. Prestwood
Harold Speake                                         John M. Debro              Chad A. Morgan               John C. Gullahorn
                            James M. Corder, Jr.                                                                                      Wanda B. Rahman
Mike F. Terry                                         Patricia D. Demos          Grady L. Morgan              Lisa Milner Hancock
                            Aaron N. Ezell                                                                                            Jennifer L. Roselius
H. Jerome Thompson                                    Suzanne C. Dorsett         Rachel Murphy Morgan         Charles Hare, Jr.
                            Dihanne Perez Guilbert                                                                                    Troy T. Schwant
                                                      Bennett R. Driggers, Sr.   Patrick G. Nelson            Jamie P. Logan
LEE                         Claire T. Jones                                                                                           Mary Kathleen W. Steele
Lance E. Abbott                                       Matt T. Dukes              Christopher A. Pankey        Jonathan M. Lusk
                            Byrd R. Latham                                                                                            K. Brandon Strickland
John T. Alley, Jr.                                    Robert C. Gammons          Sandra D. Parker             Louis B. Lusk
                            Harlan D. Mitchell                                                                                        Bryan A. Thames
Billy B. Amason                                       Samuel H. Givhan           J. Clark Pendergrass         John M. Mastin
                            James D. Moffatt                                                                                          Deena R. Tyler
Brian Ashley                                          Rebekah L. Graham          JoAnn M. Perez               Jeff R. McLaughlin
                            Mitchell K. Shelly                                                                                        P. Dean Waite, Jr.
Russell C. Balch                                      Patrick H. Graves, Jr.     Timothy P. Pittman           Joel Shannon Mitchell
                            John M. Totten                                                                                            Leslie Gail Weeks
James Tutt Barrett                                    Kevin C. Gray              Valerie H. Plante            E. Charles Ogden, III
                            Jere C. Trent                                                                                             Shuntavia W. Woods
J. Gary Black                                         Regina Greene              Emily B. Prater              Elisa Smith Rives
                            Brandon C. Wise                                                                                           Jim W. Zeigler
Elizabeth M. Borg                                     Lisa F. Grumbles           Ashley F. Ragsdale           P. David Roadruck
                            MACON                                                                                                     David B. Zimmerman
Beverlye N. Brady           Deborah H. Biggers        Richard L. Guido           Richard R. J. Raleigh, Jr.   Danny Smith
Margaret Y. Brown           Katy Smith Campbell       Andrea M. Hamlett          Gregory H. Revera            Stephen B. Smith        Lynn B. Byrd
Rebecca P. W. Buxton        Bridgett V. Gray          David A. Hatfield          Michael F. Robertson         Steven Vincent Smith    Tonja B. Carter
M. Joanne Camp              Fred D. Gray, Jr.         Kevin D. Heard             L. Thomas Ryan, Jr.          Byron Waldrop           John M. Coxwell, Jr.

   38          January 2010
Katharine A. W. Coxwell     William P. Cobb, II             Organized pro bono                                   Robert Pittman             W. Christopher Waller, Jr.
Lori L. Crawford            Michael J. Cohan                                                                     Jessica S. Pitts           James N. Walter, Jr.
Jeff D. Dyess               Shawn J. Cole               programs make us keenly                                  Gregory M. Pool            Navan Ward, Jr.
Laura R. Grantham           Zachary T. Collins                                                                   Debra Haynes Poole         Robert C. Ward, Jr.
Nicholas Hare, Jr.          Sabrina L. Comer
                                                        aware of the contribution                                J. Cole Portis             Kyle D. Weidman
W. Bob McMillan             Joel D. Connally             and concern of many of                                  Charles Price, II          Helen C. Wells
Donna Lynn Silcox           Roianne H. Conner                                                                    Jeffrey D. Price           Milton J. Westry
Mickey Womble               Pamela G. Cook              our colleagues and remind                                Melissa A. Prickett        Michael L. White
Russell T. Abney
                            W. Chad Cook                  us of our own need to                                  Richard L. Pyper           David J. Wilder
                            Lee H. Copeland                                                                      Catherine H. Richardson    Jesse M. Williams
Samuel Adams                John C. Craft                  serve our community                                   Frank W. Riggs, III        Jim E. Williams
Alyce R. Addison            Michael J. Crow                                                                      Jim A. Rives               Trina Sanders Williams
Mary Alexander-Oliver       Laura L. Crum
                                                         through our profession.                                 Robert D. Rives            E. Ham Wilson, Jr.
Deanie C. Allen             Geraldine R. Daniels         We hope that all lawyers                                Bill H. Robertson, V       A. Kelli Wise
J. Greg Allen               Greg L. Davis                                                                        Mindi C. Robinson          April D. Wise
Charles L. Anderson         William Richard Davis        will someday participate                                Riley W. Roby              E. Frank Woodson, Jr.
D. Mike Andrews             Richard C. Dean, Jr.                                                                 Karen S. Rodgers           James L. Wright
J. Knox Argo                Gail H. Donaldson
                                                          in organized pro bono                                  A. Rothschild              Glenn D. Zimmerman
Shapard D. Ashley           Cathy B. Donohoe             programs so that we can                                 Robert J. Russell, Jr.     MORGAN
Zack M. Azar                Jeffery C. Duffey                                                                    J. Lenn Ryals              James G. Adams, Jr.
J. Evans Bailey             Roy C. Dumas                      recognize their                                    Mark W. Sabel, Jr.         Roy S. Anderson
Ben E. Baker, Jr.           Kendall C. Dunson                                                                    Joseph M. Saloom           Douglas R. Bachuss, Jr.
Charles W. Barfoot          Russell T. Duraski
                                                             contributions too.                                  Robert E. Sasser           Howard M. Belser, III
Judy H. Barganier           Charles W. Edmondson                                                                 J. P. Sawyer               Jeffrey S. Brown
Constance S. Barker         Joana S. Ellis                                                                       William P. Sawyer          Stephen F. Brown
Noel S. Barnes              Frederick T. Enslen , Jr.   John Allen Howard, Jr.     W. Joseph McCorkle, Jr.       Patrick W. L. Sefton       Robert L. Burrell
H. Clay Barnett, III        Paul D. Esco                S. Scott Hoyem             Mickey G. J. McDermott        Bobby Segall               Kelly D. Butler
Jere L. Beasley             R. Graham Esdale, Jr.       J. Lister Hubbard          J. Douglas McElvy             Will B. Sellers            Thomas A. Caddell
Julia A. Beasley            Quindal C. Evans            Joseph L. Hubbard, Jr.     Richardson B. McKenzie, III   L. Landis Sexton           David B. Cauthen , Jr.
James E. Beck, III          Greg B. Everett             R. Austin Huffaker, Jr.    C. Knox McLaney, III          T. Grant Sexton, Jr.       Carl A. Cole, III
Terrie S. Biggs             Hamilton N. Farmer          Robert A. Huffaker         Gloria J. McPherson           Janet L. Shannon           Carl M. Cowart, Jr.
Andy D. Birchfield          Ben H. Farrow               Henry H. Hutchinson, III   Julian L. McPhillips, Jr.     Roman A. Shaul             Julie A. Craft
William R. Blanchard, Jr.   David G. Flack              Allison L. Ingram          LaTasha A. Meadows            C. Winston Sheehan, Jr.    Tina R. Dawes
Donna A. Bland              Michael A. Fritz, Sr.       Michael S. Jackson         Ted G. Meadows                Launice P. Sills           Thomas M. Di Giulian
J. Rodney Bledsoe           Bill H. Fuller, Jr.         Jimmy D. Jacobs            Tyrone C. Means               Spence A. Singleton        Bingham D. Edwards
Bethany L. Bolger           Tim J. F. Gallagher         Marci S. Johns             William Z. Messer             Clifton E. Slaten          Alisha D. Franklin
LaBarron N. Boone           Richard B. Garrett          Adrian D. Johnson          Thomas J. Methvin             Jeffrey W. Smith           Arthur Groover
Britt S. Booth              C. Nelson Gill              L. Scott Johnson, Jr.      W. Dee Miles, III             Jennifer A. Smith          Garland Hall, III
Chris D. Boutwell           Richard H. Gill             James E. Johnston          J. Parker Miller              Maury D. Smith             Stephen V. Hammond
Eric A. Bowen               H. Lewis Gillis             Jamie A. L. Johnston       Brian W. Moore                Sylvester S. Smith         Denise M. Hill
David R. Boyd               Carla Cole Gilmore          Sarah S. Johnston          Stanley A. Moorhouse          W. Roger Smith, III        Thomas J. House
Richard E. Broughton        Chris D. Glover             Donald R. Jones, Jr.       Fernando A. Morgan            C. Franklin Snowden, III   Jerry Knight
E. T. Brown                 Larry A. Golston, Jr.       Nick A. Jones              Rick D. Morrison              Scott M. Speagle           Kevin R. Kusta
Ben E. Bruner               C. Lance Gould              Rhon E. Jones              F. Chadwick Morriss           Charles A. Stakely, Jr.    Mary Ellen Lamar
Judkins M. Bryan            Yong U. Gregg               Richard K. Keith           J. Flynn Mozingo              Angela C. Starr            David W. Langston
Jason E. Burgett            Michael A. Griggs           Susan E. Kennedy           Mark D. Mullins               Chuck A. Stewart, III      Robert E. Long, Jr.
Paul E. Burkett             John Hagood                 T. Cowin Knowles           Robert F. Nelson              Micki Beth Stiller         Barnes F. Lovelace, Jr.
Joseph E. Burkhart          Timothy C. Halstrom         Thomas E. Kondrak          Stephen M. NeSmith            Michael G. Strickland      Jenny McLeroy
Anthony B. Bush             James D. Hamlett            Thomas O. Kotouc           Deborah M. Nickson            Pamela Swan                R. T. McWhorter, Jr.
James A. Byram, Jr.         D. Brent Hargett            Nathan F. Kuykendall       Robert F. Northcutt           Thomas C. Tankersley       William L. Middleton, III
David B. Byrne, III         Alan T. Hargrove, Jr.       Robin G. Laurie            Dorothy F. Norwood            Dana G. Taunton            Phil D. Mitchell, II
Richard F. Calhoun, Jr.     Gerald W. Hartley           Barry C. Leavell           Tabor R. Novak, Jr.           Anwar Taylor               H. M. Nowlin, III
Laura A. Calloway           Frank H. Hawthorne, Jr.     W. Don Letford             P. Leigh O’Dell               J. Carlton Taylor          Gary A. Phillips
Marvin H. Campbell          William S. Haynes           Sandra H. Lewis            Christy L. Olinger            John E. Tomlinson          Joseph W. Propst, II
Malcolm N. Carmichael       Thomas R. Head, III         Donald B. Little           Kim B. Oliver                 Jennifer J. Tompkins       Christy W. Richardson
Gregory A. Carr             J. Cliff Heard              John A. Little             Jobe T. Ott                   C. Clay Torbert, III       Julia S. Roth
Clint C. Carter             David W. Henderson          Edwin K. Livingston        Clyde C. Owen, Jr.            Scarlette M. Tuley         Nicholas Roth
Elizabeth B. Carter         D. Mitch Henry              Ben L. Locklar             Debora E. Palmer              Gina M. Tur-South          Steven Sasser
Gordon T. Carter            Jamie K. Hill               Terry W. Luck, III         B. Diane Paris                Wayne P. Turner            Kenneth Schuppert , Jr.
Mark N. Chambless           Thomas B. Hill, III         B. Saxon Main              J. Ed Parish, Jr.             C. Gibson Vance            Timothy L. Shelton
William R. Chandler         W. Mike Hill, Jr.           Thomas G. Mancuso          George R. Parker              Stewart E. Vance           William E. Shinn, Jr.
John W. Charles, III        M. Guy Holton               Joshua F. Mandell          Kelly F. Pate                 Robert J. Varley           Michael E. Sparkman
Marion D. Chartoff          Ronald A. Holtsford         Emily C. Marks             Simeon F. Penton              J. E. Vickers, III         R. Eric Summerford
Paul A. Clark               Edward A. Hosp              Danielle W. Mason          Michael J. Petersen           George H. Wakefield, Jr.   Kevin D. Teague
Kimberly M. Clenney         Beverly J. Howard           W. Troy Massey             A. Wesley Pitters             J. Dorman Walker, Jr.      J. Glynn Tubb

                                                                                                                              The Alabama Lawyer                   39
Brian M. White             Candice J. Shockley              We also thank the                               James D. Turner          Russell Q. Allison
James D. Whitmire          J. Timothy Smith                                                                 Mary A. Turner           M. Clay Alspaugh
Kenneth R. Widner          Jonathan A. Spann           dedicated lawyers of Legal                           Robert G. Upchurch       LaBella S. Alvis
Ellen C. Wingenter         Gerald A. Templeton                                                              Tyler D. Vann            Wade S. Anderson
                           Harold E. Woodman
                                                        Services Alabama. Their                             William W. Walker, Jr.   D. Keith Andress
James M. Barnes, Jr.       Alex A. Yarbrough           assistance and cooperation                           Raymond E. Ward          Hayes E. Arendall
Kirtley W. Brown                                                                                            Paula W. Watkins         Allan L. Armstrong
Robert D. Bryant           William C. Brewer, III          have enabled these                               R. Hays Webb             W. Michael Atchison
Robert H. Turner           I. Drayton Pruitt              programs to operate                               Rachel L. Webber         Monica Austin-Hatcher
PICKENS                    TALLADEGA                                                                        G. Stephen Wiggins       Kellie Avery-Tubb
William D. King, IV        Cheryl D. Barnett              efficiently without a                             Wayne L. Williams        Nolan E. Awbrey
John A. Russell, III       Shelly L. Barnhart                                                               Tom B. Woodard, IV       Helen D. Ball
PIKE                       Sarah Clark Bowers            duplication of services.                           WALKER                   Michael S. Ballard
Robert C. Faircloth        L.Shaw Gaines                                                                    James R. Beaird          Rodrick J. Barge
Joseph E. Faulk            Gregory S. Graham                                                                James C. Brakefield      Leslie R. Barineau
William Burl Key, III      Trina W. Hammonds           Karen N. Dice             C. Delaine Mountain        Herbie W. Brewer, Jr.    R. Bruce Barze, Jr.
Ruth L. Pawlik             James N. Montgomery, Jr.    Cindy L. Dunn             Clinton D. Mountain, Jr.   Robert Bryan             LaVeeda M. Battle
RANDOLPH                   Michael Anthony O’Brien     Linda C. Dunn             Barry L. Mullins           Tina Louise A. Burgett   Robert E. Battle
Michael S. Jazwinski       Jeanne Dowdle Rasco         Nora E. Elder             Christopher R. Neff        Richard E. Fikes         Robert Baugh
Kesa M. Johnston           William K. Rogers, Jr.      Robin M. Elliott          Jason C. Neff              Patricia A. Frederick    Kimberly M. Bawgus
T. Oliver Kitchens         Erica L. Sheffield          Marshall A. Entelisano    Thomas A. Nettles, IV      Patrick I. Gustin        Michael K. Beard
S. Chad Lee                Barry D. Vaughn             Isaac Espy                Seth A. Newton             Garve W. Ivey, Jr.       Robin L. Beardsley
Steven R. Morris           TALLAPOOSA                  Katie Seals Ferguson      Robert E. Norton           Philip Nelson            Kevin W. Beatty
J. Clay Tinney             Faye H. Edmondson           John T. Fisher, Jr.       J. C. Oldshue, Jr.         Robert F. Richardson     Elizabeth G. Beaube
RUSSELL                    Randall S. Haynes           Gregory S. Frazier        Paige M. Oldshue           Brian S. Royster         Jenna M. Bedsole
L. Joel Collins            Angela J. Hill              Chris L. Frederick        Diane S. Oraif             Jonathan C. Sapp         Mary C. Beers
Jennifer B. Cooley         Jason M. Jackson            Mark S. Gober             John Owens                 Donna W. Smalley         Jennifer Benedict
Peter A. Dumbuya           John Oliver, II             Elizabeth S. Gordon       Edwin L. Parker            Charles Tatum, Jr.       Steven A. Benefield
John David Jones           Robin F. Reynolds           Robbyn A. Gourdouze       W. Cameron Parsons         Steven A. Thomas         Robyn B. Bennitt
Sam E. Loftin, Jr.         Mark Allen Treadwell, III   Wilson F. Green           Robin E. Pate              Mark B. Turner           Edward J. Berry
Dana M. May                Kenneth E. Wright, Jr.      Laura K. Gregory          Kathryn O. Pope            Brett L. Wadsworth       Bill Bensinger
Yvonne R. Rush             TUSCALOOSA                  Anne W. Guthrie           Joe E. Powell              Greg M. Williams         Yvonne N. Beshany
Thomas F. Worthy           James Abernathy, II         Bert Guy                  Laurie Pratt-Johns         Robert Wilson, Jr.       Jack D. Bethay
SAINT CLAIR                Charlye S. Adams            Frances M. Hamner         Jennifer S. Precise                                 Ellis D. Bingham, III
A. Dwight Blair            Stuart D. Albea             R. Bernard Harwood, Jr.   David E. Rains             Harold L. Odom           Joseph S. Bird, III
Erskine Funderburg , Jr.   Cynthia Lee Almond          J. Marland Hayes          Harry M. Renfroe, Jr.      A. Michael Onderdonk     Ulyesa Blackmon
Alan C. Furr               M. Bradley Almond           Josh P. Hayes             Robert R. Reynolds         Stacey L. Thomas         Duncan B. Blair
Maxine Crawford Moses      Michael K. Amster           Walter S. Hayes           W. Bradford Roane, Jr.     E. Tatum Turner          John N. Bolus
Guy C. McCombs, III        David M. Andres             S. Scott Hickman          Jim H. Roberts, Jr.        Halron W. Turner         C. Peter Bolvig
Elizabeth Parsons          L. Foster C. Arnold         Chad L. Hobbs             P. Monica Rodgers          WILCOX                   Elizabeth C. Bone
Randall K. Richardson      A. Colin Barrett            Joseph N. Hocutt, II      Barbara Rogers             Donald M. McLeod         William Booker
Charles E. Robinson, Jr.   C. Park Barton, Jr.         Elizabeth A. Hornsby      Gordon Rosen               Brenda M. Pompey         Charles H. Booth
Fred W. Teague             Nettie C. Blume             Byron E. House            Jenny R. Ryan              WINSTON                  Gray M. Borden
William J. Trussell        Gaines B. Brake                                                                  D. Russell Eason
                                                       David A. Hughes           W. David Ryan, II                                   Karen O. Bowdre
Edwin Van Dall, Jr.        Bryan S. Brinyark                                                                Darlene U. Eason
                                                       John D. Humber            Mark A. Scogin                                      Deloris M. Boykin
Tommie Jean Wilson         H.E. Browder                                                                     Betsy M. Harrison
                                                       James J. Jenkins          Laura K. Segers                                     Haley Bozeman
                           Pam H. Bucy                                                                      Jerry W. Jackson
SHELBY                                                 Albert Jones              R. Cooper Shattuck                                  Michael C. Bradley
Brent L. Callihan          Jane L. Calamusa                                                                 Hobson Manasco, Jr.
                                                       Christopher H. Jones      Patrick O. Sims                                     Gordon J. Brady
Jeffrey M. Chapman         Craig A. Cargile                                                                 B. Grant McNutt
                                                       Thomas M. Jones           James J. Sledge                                     Marcia P. Braswell
Frank Ellis, Jr.           Michael J. Cartee                                                                Jeff A. Mobley
                                                       William A. Jones          James C. Smith                                      Albert P. Brewer
Russell L. England         Susie T. Carver                                                                  Scott Alan Slatton
                                                       Hattie Kaufman            James D. Smith                                      Phillip M. Bridwell
E. Dianne Gamble           Frank M. Cauthen, Jr.       Robert R. Kuehn           Jeffery C. Smith           BIRMINGHAM               Thomas H. Brinkley
Sanford D. Hatton, Jr.     Mary Beth W. Cavert         Othni J. Lathram          Kris D. Sodergren          VOLUNTEER LAWYERS        Brian P. Brock
C. Todd Henderson          Randall M. Cheshire                                                              PROGRAM, INC.
                                                       Shay V. Lawson            Robert M. Spence           John Aaron               Steven M. Brom
Sandy F. Johnson           D. Wayne Childress          Hugh M. Lee               Alyce Manley Spruell                                William H. Brooks
                                                                                                            Scot A. Abney
Jennifer L. Jones          Ginger D. Cockrell          John Lloyd                Shelly H. Standridge                                Courtney B. Brown
                                                                                                            Oscar W. Adams, III
Rachel A. King             J. Sydney Cook, III         Julie L. Love             Dennis Steverson                                    Houston L. Brown
                                                                                                            Robert H. Adams
Erin L. Kline              Rebecca A. Cook             David P. Martin           Edgar Clark Summerford                              Scott S. Brown
                                                                                                            Robin A. Adams
W. Randy May               Michael C. Cornwell         Allen W. May, Jr.         Christopher Thigpen                                 Stephen E. Brown
                                                                                                            Monica Agee
John A. McBrayer           Annette B. Crain            Emily K. McCarson         Katie B. Thompson                                   C. Brandon Browning
                                                                                                            Janell M. Ahnert
John E. Medaris            Laura J. Crissey            John P. McCulsky          Matthew Q. Tompkins                                 Brannon J. Buck
                                                                                                            Craig A. Alexander
E. Farley Moody, II        Silas G. Cross, Jr.         Robert L. McCurley, Jr.   Terri O. Tompkins                                   Thomas W. H. Buck
                                                                                                            Charles W. Allen
Jo Ellen Mudd              Kenneth D. Davis            Edwina E. Miller          Rachelle E. Toomey                                  Pam Bucy
                                                                                                            Elbert S. Allen
P. Shawn Rumsey            Randal K. Davis             Steven W. Money           Jessica V. Tubbs                                    Stephen Bumgarner
                                                                                                            Mitchell G. Allen
Steven Sears               Ron L. Davis                Charles E. Morgan         Brian D. Turner                                     F. Tucker Burge
                                                                                                            Roger C. Allen

   40           January 2010
S. Greg Burge            Richard A. Cusick        Justice for all is more than                       Robert B. Huie             Timothy M. Lupinacci
Warren Burke, Jr.        Henry C. Dailey                                                             Scott Humphrey             George G. Lynn
Carl S. Burkhalter       John G. Dana               just a cliché. It is a time-                     Shannon D. Hutchings       Mark W. Macoy
Charles A. Burkhart      Roy L. Dancybey                                                             J. Frederick Ingram        G. R. Mahmood
Diandra D. Burnley       Walter E. Daniels
                                                   honored ideal to which all                        Russell L. Irby            Brook G. Malcom
Robin Burrell            J. Patrick Darby         lawyers and all Americans                          Chervis Isom               Greer B. Mallette
John H. Burton, Jr.      Kelvin L. Davis                                                             K. Stephen Jackson         J. Brannon Maner
Bruce A. Burttram        Paige M. Davis              aspire. By volunteering                         Sarah B. Jackson           Duncan Y. Manley
Jennifer M. Busby        Shayana B. Davis             your time and skill to                         Stephen C. Jackson         Reid S. Manley
Jason R. Bushby          Summer Davis                                                                Frank S. James, III        Ted L. Mann
Kathryn J. Bushby        William A. Davis, III       provide legal services to                       Karen B. Johns             Kemberli L. Marks
Jim Bussian              William A. Davis, IV                                                        Carl Johnson               Alexander J. Marshall, III
Michelle N. Butler       William M. Dawson
                                                  those who cannot normally                          David W. Johnson           Emory Mauldin
Thomas J. Butler         William L. Deas              obtain them, you are                           Joe Johnson, Jr.           Alaric O. May
William C. Byrd          Tiffany deGruy                                                              Alexander W. Jones         Cynthianther May
Matthew M. Cahill        Paul J. DeMarco              making a significant                           Haskins Jones              Edward E. May, II
Kenneth R. Cain, Jr.     Damon Denney                                                                Loring S. Jones, III       W. Randall May
Angela Cameron           Ann S. Derzis
                                                       contribution toward                           Marcus A. Jones, III       Bradley C. Mayhew
Robert J. Camp           Nancy M. DeVaney         making that ideal a reality.                       Pamela Jones               Susan G. McAlister
J. Russell Campbell      Patricia Diak                                                               Robert A. Jones, Jr.       Walter F. McArdle
Mary L. Campisi          Timothy L. Dillard                                                          William D. Jones, III      Daniel McBrayer
Lois B. Carlisle         Tammy Dobbs                                                                 Lucy W. Jordan              Phillip McCallum
                                                  Karen W. Fox               Scott R. Haller
Nicholas A. Carlisle     David Donahue                                                               Joe Joseph                 Terrence W. McCarthy
                                                  Samuel H. Franklin         Todd N. Hamilton
Terry Carlisle           Luther M. Dorr, Jr.                                                         Paul M. Juliano            Terri D. McClung
                                                  John R. Frawley, Jr.       William E. Hamilton
Richard P. Carmody       Gayle L. Douglas                                                            Kristofor Kavenaugh        Gregg M. McCormick
                                                  Michael D. Freeman         Robert Hancock
Jack Carney              Minerva C. Dowben                                                           Richard Keller             Colleen E. McCullough
                                                  William J. Freeman         Chad Hanson
James Carpenter          Carl K. Dowdey                                                              Douglas L. Key             Laurence J. McDuff
                                                  Douglas I. Friedman        Laura S. Hardin
Clay R. Carr             Christie Dowling                                                            William H. King, III       Jeremy McIntire
                                                  Peter S. Fruin             Edward L. Hardin, Jr.
D. Chris Carson          B. Boozer Downs                                                             Robert E. Kirby            Michael L. McKerley
                                                  Anna B. Fry                Lorrie L. Hargrove
Kay L. Cason             Helen K. Downs                                                              Karen G. Kolaczek          Glory McLaughlin
                                                  Leah Fuller                Christopher Harmon
C. Paul Cavender         Mark Drew                                                                   Jack Kowalski              Jim G. McLaughlin
                                                  Floyd D. Gaines            Hoyt G. Harp
Douglas J. Centeno       C. Ramsey Duck                                                              Robert R. Kracke           Crystal McMeekin
                                                  Lucas B. Gambino           Daniel E. Harrell
Cheryl D. Chapman        John P. Dulin, Jr.                                                          Rachel D. LaFleur          Frank McPhillips
                                                  Robert T. Gardner          C. Meade Hartfield
C. Cathy Catawanich      Carolyn L. Duncan                                                           Cynthia Lamar-Hart         Douglas L. McWhorter
                                                  Tensley Garvich            Cydney Harwood
Pooja Chawla             C. Burton Dunn                                                              Jayna P. Lamar             John E. Medaris
                                                  Anthony G. George          Danita T. Haskins
James S. Christie, Jr.   Charles H. Dunn                                                             Angelina M. Lamlin         Kristin B. Metheny
                                                  Beth Gerwin                Gregory H. Hawley
Kevin E. Clark           Jamie K. Durrett                                                            Robert Lamkin              Eric Miles
                                                  Anna L. Giattina           Robert J. Hayes
Thomas C. Clark, III     Thomas E. Dutton                                                            John M. Laney, Jr.         Cellie W. Miller
                                                  James Gibson               Susan S. Hayes
William N. Clark         John A. Earnhardt                                                           J. Earl Langner            Gerald L. Miller
                                                  Wesley B. Gilchrist        Kenneth Haynes
Neil R. Clement          Robert D. Eckinger                                                          John T. Lanier             Tracy T. Miller
                                                  Enrique J. Gimenez         Wallace Haynes
Holly J. Clemente        Kathryn Eldridge                                                            Bradley W. Lard            William H. Mills
                                                  Dennis E. Goldasich, Jr.   Frances Heidt
Addine M. Clemon         William L. Elebash                                                          Sarah Y. Larson            Matthew C. Minner
                                                  Benjamin S. Goldman        Jack E. Held
William Clemon           Alan F. Enslen                                                              Rachel M. Lary             Anne W. Mitchell
                                                  Carole A. Golinski         Hugh C. Henderson
Brian Cloud              Michael D. Ermert                                                           Nicholas C. Laster         Christopher Mitchell
                                                  Ryan C. Gomany             Stephen D. Heninger
Donald L. Colee          Rebecca C. Eubanks                                                          Kay Laumer                 James L. Mitchell
                                                  J. Jeff Goodman            Kenric W. Herren
C. Clark Collier         Jesse P. Evans                                                              Rejeana Lavender           Tamara O. Mitchell
                                                  Stevan K. Goozee           Todd M. Higey
John D. Collins          Edward J. Everitt                                                           John R. Lavette            James R. Moncus
                                                  James L. Goyer, III        L.F. Hilbers
Adam R. Colvin           Mary F. Fallaw                                                              Stephen P. Leara           Bonnie B. Monroe
                                                  Michael G. Graffeo         Tom Hiley
Gerald D. Colvin, Jr.    David L. Faulkner                                                           Gary W. lee                Bethany W. Moore
                                                  Roderick Graham            Chevene Hill
Patricia Y. Comer        Joseph A. Fawal                                                             Linda S. Lehe              Carolynn H. Moore
                                                  Jeffrey M. Grantham        Kelli Hogue-Mauro
Shannon N. Connor        Daniel A. Feig                                                              Rocco J. Leo               Casey G. Moore
                                                  Bryan A. Grayson           Joshua G. Holden
Christina Cooley         Daniel B. Feldman                                                           James B. Leonardi          Jamie Moore
                                                  Brendette Brown Green      Lee M. Hollis
Ivan B. Cooper           James E. Ferguson, III                                                      William R. Lewis           John G. Morrison
                                                  Charles Greene             Jeffrey E. Holmes
N. Lee Cooper            G. R. Fernambucq                                                            J. Flint Liddon, III       Mariellen Morrison
                                                  Timothy W Gregg            Edward M. Holt
Patrick N. Cooper        William S. Fishburne                                                        Warren B. Lightfoot, Jr.   Randall H. Morrow
                                                  Mitchell Greggs            Marlin B. Hood
Robert E. Cooper         Deborah P. Fisher                                                           Curtis O. Liles, III       William H. Morrow
                                                  Celeste Grenier            Rhonda Hood
Christopher Couch        Linda A. Fiveash                                                            Paul A. Liles              Anne R. Moses
                                                  John E. Grenier            Kimberly A. Homer
J. Timothy Coyle         Suzanne A. Fleming                                                          James S. Lloyd             Charles H. Moses, III
                                                  Matt Grill                 Sanford G. Hooper
Jacob W. Crawford        W. Bains Fleming, III                                                       William B. Lloyd           Mitchell S. Mudano
                                                  Charles T. Grimes          James A. Hoover
Diane H. Crawley         Willie Florence, Sr.                                                        Don B. Long, Jr.           Robert A. Mullins
                                                  Jessica S. Grover          Richard Horsley
Stephanie M. Crenshaw    Charles A. Flowers                                                          James E. Long, Jr.         Michael D. Mulvaney
                                                  Eric Lance Guster          Edward A. Hosp
Wendy B. Crew            Shannon D. Floyd                                                            William L. Longshore       John L. Murphree
                                                  Larry Lee Guthrie          Kaye K. Houser
Charles R. Crowder       Kira Fonteneau                                                              Charles J. Lorant          Grace R. Murphy
                                                  W. Patton Hahn             Sybil C. Howell
Judson E. Crump          William T. Fortune                                                          J. Kris Lowry              Amy K. Myers
                                                  John W. Haley              James F. Hughey
Greg Curran              Alan L. Foster                                                              John G. Lowther            William R. Myers

                                                                                                                   The Alabama Lawyer                   41
Drayton Nabors              Charles M. Quinn         Cynthia P. Smith           Susan G. Wagner            MADISON COUNTY            Kenneth D. Hampton
James P. Naftel             W. Larkin Radney         Daniel B. Smith            William B. Wahlheim        VOLUNTEER LAWYERS         Tom Hayes
Patrick K. Nakamura         India Ramey              David M. Smith             Deborah B. Walker          PROGRAM                   Kevin D. Heard
                                                                                                           Elizabeth Abel
George M. Neal              Rolando Rankin           Gary C. Smith              Henry Walker                                         Mary Ena Heath
                                                                                                           Daniel F. Aldridge
Laura C. Nettles            William A. Ratliff       J. Houston Smith, III      Marion F. Walker                                     Nicholas R. Heatherly
                                                                                                           Jennifer Allen
Susan S. Nettles            Jonathan E. Raulston     Jane C. Smith              Valerie Frye Walker                                  Gabrielle Helix
                                                                                                           Hallie Angelichio
E. Bryan Nichols            Bruce A. Rawls           John W. Smith T            Alison Wallace                                       Tara L. Helms
                                                                                                           Angela S. Ary
Christopher Nicholson       James P. Rea             Kathleeen S. Smith         Michael B. Walls                                     Danny Henderson
                                                                                                           Chad Ayres
Andrew Nix                  C. Lee Reeves            W. Wheeler Smith           James F. Walsh                                       James P. Hess
                                                                                                           Douglas R. Bachuss
James L. Noles              Sandra B. Reiss          William W. Smith           Stephen A. Walsh                                     Rebecca Hill
                                                                                                           John Baggette
Tonita R. Northington       Edward E. Reynolds       John S. Somerset           Hardwick C. Walthall                                 Brooke Hodges
                                                                                                           Walter A. Baker
Christy O’Callaghan         Lynn Reynolds            John Q. Somerville         Dafina C. Ward                                       Jeremiah M. Hodges
                                                                                                           Page Banks
D. Brian O’Dell             Wade Richardson          Paul Spain                 James S. Ward                                        Larry B. House
                                                                                                           Travis Bartee
Madison W. O’Kelley, Jr.    Dagmar W. Rick           Herbert B. Sparks, Jr.     Laura P. Washburn                                    Marcus A. Huff
                                                                                                           J. Brent Beal
M. Beth O’Neill             F. Brady Rigdon          J. Callen Sparrow          Jacqueline B. Washington                             Michael P. Huff
                                                                                                           Rebekah P. Beal
Michael B. Odom             Nefertari S. Rigsby      Brian Spellen              Katrina Washington                                   Claude E. Hundley, III
                                                                                                           Alphonso Beckles
J. Edmund Odum              Ken Riley                Clifford M. Spencer, Jr.   Ashley E. Watkins                                    Jeff Irby
                                                                                                           Vicki Bell
Thomas L. Oliver, II        Ferris S. Ritchey, III   Robert H. Sprain, Jr.      Cynthia D. Watson                                    Laura D. Jacobs
                                                                                                           J. Mark Bledsoe
Justin Otwell               George Ritchey           David Spurlock             Leila H. Watson                                      Amber James
                                                                                                           David Block
David F. Ovson              Jerry Roberson           Stephen W. Stallcup        William Waudby                                       Joseph A. Jimmerson
                                                                                                           James K. Brabston
Lewis W. Page, Jr.          Stuart D. Roberts        William S. Starnes         Katherine A. Weber                                   Carolyn Johnson
                                                                                                           Norman Bradley
Dennis G. Pantazis          Ann C. Robertson         P. Russell Steen           Andrea Weed                                          Deidre Johnson
                                                                                                           Larry W. Brantley
Angela Parker               Ryan P. Robichaux        Amelia Steindorff          H. Thomas Wells                                      Michael Johnson
                                                                                                           Charles H. Brasher, Jr.
Jennifer Parker             Brandon Robinson         Mark A. Stephens           John Welsh                                           Sharon Johnston
                                                                                                           Pamela Briggs
Jeffrey W. Parmer           Gerri W. Robinson        J. Matt Stephenson         Leonard Wertheimer                                   Kimberly Kelley
                                                                                                           John Brinkley
Bruce A. Parsons            Lisa C. Robinson         James L. Stewart           Jonathan S. Wesson                                   Walter Kelley
                                                                                                           Nancy Brower
Nyaa C. Parson-Hudson       Reginold Robinson        Sandra Storm               Linda West                                           Joan-Marie Kettell Dean
                                                                                                           Rob Brown
J. Gary Pate                Ruth Robinson            Garrick L. Stotser         Anita B. Westberry                                   Paul Killian
                                                                                                           Graham Burgess
Kevin W. Patton             Robert Roden             Charlene I. Stovall        James H. Wettermark                                  Chris Kuffner
                                                                                                           L. Justin Burney
Ted Pearson                 Alan T. Rogers           C. Mark Strength           John F. Whitaker                                     Melani C. LaMar
                                                                                                           Clint W. Butler
Melinda L. Peevy            Elizabeth A. Roland      Joseph W. Strickland       G. Gregory White                                     Patrick Lamar
                                                                                                           Shelly Byers
Henry L. Penick             Nicole F. Romano         Christine R. Strong        J. Mark White                                        Marsha Latham
                                                                                                           David J. Canupp
Adam K. Perk                J. William Rose, Jr.     H. Whitfield Strong, Jr.   James H. White                                       Lee S. Leggett
                                                                                                           Clement J. Cartron
C. Jackson Perkins          LaWanda D. Ross          Ted Stuckenschneider       Jere F. White                                        Teresa Lewis
                                                                                                           Patrick Caver
Drew W. Peterson            Bradley B. Rounsaville   Eugene B. Stutts           Bryant A.Whitmire, Jr.                               Morris Lilienthal
                                                                                                           Richard Chesnut
Byron W. Phillips           Steve Rowe               John W. Sudderth           John P. Whittington                                  Robert Lockwood
                                                                                                           Amanda L. Chrisley
Alane A. Phillips           Richard W. Rowell        Sidney C. Summey           Gregory O. Wiggins                                   Wendy Lopez
                                                                                                           Joseph M. Cloud
Wesley L. Phillips          Frank J. Russo           William R. Sylvester       Denise F. Wiginton                                   Larry R. Marsili
                                                                                                           Linda Coats
William M. Phillips         Clayton M. Ryan          John B. Tally              Donald F.Wiginton                                    Kimberly Bessiere Martin
                                                                                                           Rochelle Conley
Anthony J. Piazza           James G. Saad            Robert W. Tapscott, Jr.    Derry O. Wilcox                                      A. Mac Martinson
                                                                                                           Susan Conlon
Sean C. Pierce              S. Shay Samples          Jarred O. Taylor, II       David T. Wiley                                       Doug Martinson, Jr.
                                                                                                           Maureen Cooper
Charles Pickney             J. Michael Savage        Katherine Taylor           Christopher J. Williams                              Ben McArthur
                                                                                                           Ed Crackel
Rachel Pinson               David C. Schwartz        Mary A. Taylor             Leotis Williams                                      Robert H. McCaleb
                                                                                                           George T. Craig
J. Clinton Pittman          David Scott              James Terrell              S. Douglas Williams                                  Latasha L. McCrary
                                                                                                           Amy Creech
James M. Pool               Vanessa Searight         Thomas L. Thagard          T. Craig Williams                                    Tim McFalls
                                                                                                           Amanda L. Chrisley
Maibeth J. Porter           W. James Sears           Ashley Thomas              Doris H. Williford                                   Reta McKannan
                                                                                                           Andrew Dalins
Anthony C. Portera          Thomas L. Selden         Jack R. Thompson, Jr.      Edward B. Willis                                     Jeff McKinney
                                                                                                           Anita Damian
Andrew J. Potts             Kirby Sevier             James J. Thompson          David M. Wilson                                      Rebekah McKinney
                                                                                                           Tammy A. Denson
J. Bradley Powell           J. Banks Sewell          Ronald F. Thompson         Kenneth Joe Wilson                                   L. Thompson McMurtrie
                                                                                                           Patty Demos
Kimberly Till Powell        Stephen L. Sexton        Thomas E. Thrash           Natasha l. Wilson                                    Erika McPherson
                                                                                                           Matthew T. Dukes
Rolessa L. Powell           Michael Shabani          Dana Thrasher              Harlan F. Winn                                       Chris Messervy
                                                                                                           Suzanne Dorsett
Harlan I. Prater            Jacqueline S. Shaia      W. Lee Thuston             Donald W. Winningham                                 Barbara C. Miller
                                                                                                           Bennett Driggers
Marcia W. Pratt             Jackson R. Sharman       Ayn Traylor-Sadberry       Chereka L. Witherspoon                               George Miller
                                                                                                           Isabelle Eaton
Honza J.F. Prchal           J. Martin Sheffield      J. Alan Truitt             Stephanie K. Womack                                  Brian Monroe
                                                                                                           Jay E. Emerson
D. Mark Price               Carolyn R. Shields       Jacob Tubbs                J. Fred Wood, Jr.                                    Chad Morgan
                                                                                                           Earl Forbes
Emily Price                 Wynn Shuford             Jerome Tucker              Lisa L. Woods                                        Shannon Moore
                                                                                                           Michael Forton
James L. Priester           Tanya Shunnara           Minnie L. Tunstall         Frederick M. Wright                                  Lauren Nowak
                                                                                                           Brannon Ford
William S. Pritchard, III   Henry E. Simpson         Anita Terry Tye            Peter M. Wright                                      Christopher A. Pankey
                                                                                                           Robert C. Gammons
David W. Proctor            James E. Simpson         L. Griffin Tyndall         J. Terrell Wynn                                      Robert Patterson
                                                                                                           Dale Gipson
Bennett L. Pugh             Fern Singer              Arnold W. Umbach, III      Suzanne O. Yayman                                    Craig Paulus
                                                                                                           Connie Glass
Kathryn O. Pugh             Clarence M. Small, Jr.   William K. Upshaw          Christopher L. Yeilding                              R. Lynn Pearson, Jr.
                                                                                                           Daniel J. Goodman
Graham R. Pulvere           Phil K. Smartt           Abigail van Alstyne        Larry Young, Jr.                                     Timothy Pittman
                                                                                                           Rebekah L. Graham
Randall D. Quarles          Melissa E. Smiley        Rachel VanNortwick         Tiara S. Young                                       Troy Pierce
                                                                                                           Kevin C. Gray
Frances King Quick          Alfred F. Smith, Jr.     William C. Veal            Lee H. Zell                                          Valerie Plante
                                                                                                           Jim Gunther
Michael C. Quillen          Carol A. Smith           J. Scott Vowell                                                                 JoAnn Perez

   42          January 2010
Timothy Pittman              Katherine B. Arnold            This honor roll reflects                             April Dodd                  John D. Gibbons
Rhonda Plumlee               G. Wayne Ashbee                                                                     Charles H. Dodson, Jr.      Christopher M. Gill
Cecilia Pope                 Kristin T. Ashworth            our efforts to gather the                            Carolyn M. Dohn             W. Michael Gillion
Don Pritchett                Grover Ernst Asmus, II                                                              John W. Donald, Jr.         Walter T. Gilmer, Jr.
Richard J. R. Raleigh, Jr.   Daryl A. Atchison
                                                           names of those who par-                               William A. Donaldson        William B. Givhan
Sreekanth B. Ravi            James E. Atchison             ticipate in organized pro                             Richard T. Dorman           J. W. Goodloe, Jr.
Angela Slate Rawls           Bruce L. Aune                                                                       Thomas P. Doyle             Allen E. Graham
Charles Ray                  Brigg H. Austin                 bono programs. If we                                William M. Doyle            Duane A. Graham
Holly Ray-Kirby              Joseph H. P. Babington        have omitted the name of                              Albert O. Drey              Missty C. Gray
Matthew B. Reeves            Mary M. Bailey                                                                      B. Vaughan Drinkard, Jr.    Lori Grayson
Brian J. Richardson          Melvin Lamar Bailey           any attorney who partici-                             J. Michael Druhan, Jr.      William C. Grayson
Jayson Breck Robinson        Michael E. Ballard                                                                  Bryan G. Duhe’              Jon A. Green
S. Dagnal Rowe               J. Daniel Barlar, Jr.
                                                           pates in an organized pro                             Cullan B. Duke              J. David Greene
Aaron Ryan                   Eaton G. Barnard                bono program, please                                John T. Dukes               Theodore L. Greenspan
L. Thomas Ryan               David L. Barnett                                                                    Barre C. Dumas              Irvin Grodsky
Bradley P. Ryder             Joe E. Basenberg                 send that name and                                 Douglas K. Dunning          Timothy M. Grogan
Teresa Ryder                 D. A. Bass-Frazier                                                                  Robert S. Edington          John Grow
Leslie Sharpe                Matthew J. Bauer
                                                            address to the Alabama                               Grady R. Edmondson          Roger C. Guilian
Andrew Sieja                 P. Kent Baxley                   State Bar Volunteer                                Mark P. Eiland              Virginia W. Haas
Nelson Simmons               Ryan E. Baya                                                                        William Thomas Eiland       Robert L. Hagler, Jr.
Amy Slayden                  John G. Baylor, Jr.            Lawyers Program. P. O.                               Page S. Ellis               Jason K. Hagmaier
George Smith                 Stefany L. Bea Gant                                                                 C. Mark Erwin               Carter R. Hale
Ron Smith                    Robert A. Beckerle
                                                             Box 671, Montgomery                                 Tamela E. Esham             Lee L. Hale, Sr.
Richard Sparkman             Paul T. Beckmann                        36101.                                      Michael T. Estep            Patricia W. Hall
Jason Statum                 Billy C. Bedsole                                                                    Christopher B. Estes        Theodore L. Hall
H. Harold Stephens           Kim L. Bell                                                                         Cheryl D. Eubanks           W. Perry Hall
Mark Swanson                 John T. Bender                                                                      J. Gregory Evans            Lawrence J. Hallett, Jr.
                                                          Gregory C. Buffalow       Walter M. Cook, Jr.
Shelly Thornton              Thomas H. Benton, Jr.                                                               Jim H. Fernandez            Brandy B. Osborne
                                                          Russell C. Buffkin        Angela M. Cooper                                         Hambright
Kenan Timberlake             Russell E. Bergstrom                                                                Gary W. Fillingim
                                                          Lisa Bumpers              Lisa Darnley Cooper                                      David A. Hamby, Jr.
H. Carey Walker, III         Jaime W. Betbeze                                                                    Douglas W. Fink
                                                          Peter F. Burns            Richard E. Corrigan                                      Jubal Hamil
June Wang                    Britt V. Bethea                                                                     George W. Finkbohner, Jr.
                                                          Nancy J. Busey            Keri R. Coumanis                                         William Craig Hamilton
Frank Ward                   Windy Cockrell Bitzer                                                               George W. Finkbohner, III
                                                          Carl N. Butler, Jr.       Braxton C. Counts, III                                   Katie L. Hammett
J. Andrew Watson             Wesley H. Blacksher                                                                 Patrick Finnegan
                                                          M. Warren Butler          J. P. Courtney, III                                      Mary A. Hampton
Jake Watson                  William Blanton                                                                     P. Gray Finney, III
                                                          Henry H. Caddell          Andrew J. Crane                                          Neil L. Hanley
Cynthia Webb                 Edward C. Blount, Jr.                                                               Charles J. Fleming
                                                          Jennifer Caldwell         J. Randall Crane                                         Daniel A. Hannan
James Whitmore               Christina M. Bolin                                                                  Erin Fleming
                                                          Henry A. Callaway, III    Robert J. Crane                                          Michael J. Harbin
Joshua White                 Thomas R. Boller                                                                    Timothy W. Fleming
                                                          Ashley E. Cameron         Stephen G. Crawford                                      Sidney M. Harrell, Jr.
Gayle N. Williams            R. Preston Bolt, Jr.                                                                Ben Ford
                                                          Craig Campbell            Carrie V. Cromey                                         Ashley S. Harris
Thomas Williams              C. Britton Bonner                                                                   Marcus T. Foxx
                                                          Robert C. Campbell, III   Jason Cromey                                             Thomas E. Harrison
Robert Willisson             Kate Bonnici                                                                        Keith B. Franklin
                                                          Kenneth Paul Carbo, Jr.   Eric Cromwell                                            Jeffrey J. Hartley
John Wilmer                  John Wayne Boone                                                                    Ross Frazer
                                                          Lois Carney               John T. Crowder                                          J. Stephen Harvey
Daniel Wilson                Knox Boteler                                                                        Andrew Freeman
                                                          Jerome C. Carter          Aurelius Evans Crowe                                     Peter Havas
Stephen M. Wilson            Edward G. Bowron                                                                    Carl E. Freman
                                                          J. Gregory Carwie         Rudene B. Crowe                                          Edward G. Hawkins
Michael K. Wisner            Ashley Brackin-Bonner                                                               Donald A. Friedlander
                                                          William J. Casey          John J. Crowley, Jr.                                     Wilson M. Hawkins, Jr.
Tonya N. Woods               Marc E. Bradley                                                                     Gregory M. Friedlander
                                                          K. W. Michael Chambers    Blane H. Crutchfield                                     Jeffry Alan Head
David E. Worley              Kasie M. Braswell                                                                   Jonathan B. Friedlander
                                                          Walter G. Chavers         Manley L. Cummins, III                                   Robert J. Hedge
Anthony Zana                 Henry H. Brewster                                                                   Nathan Friedlander
                                                          C.S. Chiepalich           William M. Cunningham, Jr.                               Benjamin Connel Heinz
MOBILE BAR                   Donald M. Briskman                                                                  Barry A. Friedman
                                                          Jennifer P. Clark         James G. Curenton, Jr.                                   Timothy A. Heisterhagen
ASSOCIATION                  S J. Briskman                                                                       Josh D. Friedman
                                                          Andrew C. Clausen         Edwin J. Curran, Jr.                                     Frederick G. Helmsing, Jr.
VOLUNTEER LAWYERS            Britten Britt                                                                       Sarah S. Frierson
                                                          J. Calvin Clay            Dan S. Cushing                                           Frederick G. Helmsing
PROGRAM                      W. Benjamin Broadwater                                                              Richard W. Fuquay
Carvine Adams                                             Lisa Clayton              M. Stephen Dampier                                       Deborah B. Hembree
                             Carin D. Brock                                                                      Richard M. Gaal
Christina N. Adcock                                       William Clifford, III     Glenn L. Davidson                                        Alison B. Herlihy
                             G. Porter Brock, Jr.                                                                Ginger P. Gaddy
Geoffrey D. Alexander                                     James Paul Clinton        Michael M. Davis                                         Warren C. Herlong, Jr.
                             James D. Brooks                                                                     P. Vincent Gaddy
R. Alan Alexander                                         Robert E. Clute, Jr.      Norman H. Davis, Jr.                                     Brenda D. Hetrick
                             David P. Broome                                                                     Thomas O. Gaillard, III
Helen J. Alford                                           Harwell E. Coale, Jr.     Ronald P. Davis                                          R. Scott Hetrick
                             Chad R. Brown                                                                       Jeffry N. Gale
Tonny H. Algood                                           Trey Coale                Brent T. Day                                             Charles A. Hicks
                             Douglas L. Brown                                                                    Norman J. Gale, Jr.
Gary P. Alidor                                            Wanda J. Cochran          John M. Deakle                                           Lucian B. Hodges
                             Joseph Allan Brown                                                                  Robert M. Galloway
J. Hodge Alves, III                                       F. Luke Coley, Jr.        Edward A. Dean                                           Michael R. Holberg
                             Paul D. Brown                                                                       William J. Gamble, Jr.
Donna S. Ames                                             Danny J. Collier, Jr.     T. Jefferson Deen, III                                   Jennifer Holifield
                             Toby D. Brown                                                                       Jonathan P. Gardberg
Orrin K. Ames, III                                        Celia J. Collins          Mignon M. DeLashmet                                      Lyman F. Holland, Jr.
                             Gregory P. Bru                                                                      J. Cecil Gardner
Ferrell S. Anders                                         Gregory S. Combs          Margaret F. Demeranville                                 Frances H. Hollinger
                             Melvin W. Brunson                                                                   J. Marshall Gardner
Douglas L. Anderson                                       Bryan Comer               Robert P. Denniston                                      Ryan P. Holloway
                             Donald E. Brutkiewicz, Jr.                                                          Thomas F. Garth
Tristan R. Armer                                          L. Hunter Compton, Jr.    Scott E. Denson                                          W. Steele Holman, II
                             John C. Brutkiewicz                                                                 Ian F. Gaston
Gordon G. Armstrong, III                                  David S. Conrad           Ross M. Diamond, III                                     Broox G. Holmes
                             Neal A. Buchman                                                                     Christopher L. George

                                                                                                                              The Alabama Lawyer                    43
Richard H. Holston          R. Edwin Lamberth           Deborah D. McGowin        Melinda J. Parks              Benjamen T. Rowe           R. Stevens Terry
D. Charles Holtz            James W. Lampkin, II        William T. McGowin, IV    James Donnie Patterson        Andrew J. Rutens           Steven L. Terry
Richard D. Horne            William R. Lancaster        Robert B. McLaughlin      James T. Patterson            Elias J. Saad              Bryan A. Thames
David A. Horton             Johnny Lane                 Michael S. McNair         Tommy W. Patterson            William H. Saliba          Joseph D. Thetford
J. Gordon House, Jr.        Clay Lanham                 J. Bart McNiel            J. Day Peake, III             Harry V. Satterwhite       Richard L. Thiry
D. Kirby Howard, Jr.        Alex F. Lankford, III       Kent Dyer McPhail         Patrick K. Pendleton          Richard S. Sawyer          Stacey L. Thomas
Stewart L. Howard           Alex F. Lankford, IV        Coleman F. Meador         R. Jeffrey Perloff            Troy T. Schwant            Barry L. Thompson
Victor T. Hudson, II        Oliver J. Latour, Jr.       Augustine Meaher, III     R. John Perry                 Steven Sciple              Ray M. Thompson
Michael G. Huey             Forrest S. Latta            Bill C. Messick           Christopher E. Peters         James D. Sears             Cooper C. Thurber
David Michael Huggins       John L. Lawler              S. C. Middlebrooks        Larkin H. Peters              Henry R. Seawell, IV       Edward R. Tibbetts
W. Gregory Hughes           John N. Leach, Jr.          Adam M. Milam             Abram L. Philips, Jr.         John W. Sharbrough, III    William C. Tidwell, III
Christopher G. Hume, III    Goodman G. Ledyard          Christopher R. Miller     Will G. Phillips              Thomas E. Sharp, III       Desmond V. Tobias
John Michael Hunter         Beth Lee                    Jason D. Miller           Brenda J. Pierce              Clifford C. Sharpe         Desmond B. Toler
Scott W. Hunter             John V. Lee                 Jeffrey G. Miller         Jeffery G. Pierce             Kirk C. Shaw               Michael J. Tonder
Wes Hunter                  Tracie Lee-Roberson         M. Kathleen Miller        Wendy A. Pierce               Michael D. Sherman         Lucy E. Tufts
Willie J. Huntley, Jr.      J. Stephen Legg             Margaret Miller           Virginia Pike                 Richard E. Shields         J. Robert Turnipseed
Harvey A. Hutchinson, III   Francis E. Leon, Jr.        Brooks P. Milling         Mary E. Pilcher               Jonathan E. Sholtis        Deena R. Tyler
Herndon Inge, III           Melissa D. Lerch            Pamela K. Millsaps        J. Jerry Pilgrim              Vanessa Arnold Shoots      John M. Tyson, Sr.
Herndon Inge, Jr.           Melissa Lindquist-King      L. Daniel Mims            J. Casey Pipes                William E. Shreve, Jr.     Michael Upchurch
Brandon D. Jackson          James Loris, Jr.            Jonathan Minchin          S. Wesley Pipes, V            Franklin L. Shuford, Jr.   G. Hamp Uzzelle, III
J. Walton Jackson           Victor H. Lott, Jr.         Joseph J. Minus, Jr.      Wes Pipes                     Patrick H. Sims            Pete J. Vallas
Robert G. Jackson, Jr.      Y. D. Lott, Jr.             Robert L. Mitchell        William E. Pipkin, Jr.        William H. Sisson          Gregory Vaughan
Sidney W. Jackson, III      Darlett Lucy-Dawson         Michael A. Montgomery     Patricia J. Ponder            Jack Smalley, III          David P. Vaughn
William B. Jackson, II      T. Ryan Luna                William D. Montgomery     William C. Poole              Amy B. Smith               Lawrence B. Voit
Alicia M. Jacob             Jeffrey L. Luther           J. Richard Moore          Charles J. Potts              E. Glenn Smith, Jr.        James B. Vollmer
Ishmael Jaffree             Maria Lynda Lyles           Pamela A. Moore           Susan L. Potts                Edward L. D. Smith         Richard W. Vollmer, III
Jack F. Janecky             William M. Lyon, Jr.        Stephen C. Moore          Arthur T. Powell, III         Fran Jones Smith           George M. Walker
Joy A. Jaye                 Peter S. Mackey             Larry C. Moorer           Glen Powers, II               Frankie Fields Smith       Thomas B. Walsh
James D. Jeffries, Jr.      Arthur J. Madden, III       Jack W. Morgan            Jean M. Powers                Jason D. Smith             Patrick J. Ward
Linda Collins Jensen        Melinda Lee Maddox          Jennifer S. Morgan        Barry C. Prine                Lacey Smith                Ernest Eugene Warhurst, Jr.
Candace D. Johnson          Todd C. Mallette            Jake L. Morrison          Caroline T. Pryor             Selma D. L. Smith          Harold William Wasden
James A. Johnson            David Maloney               Henry T. Morrissette      Marion A. Quina, Jr.          Susan Gunnells Smith       LeBreon S. Washington
Richard B. Johnson          Jonathan R. Maples          W. Alexander Moseley      David R. Quittmeyer           William B. Smith           William W. Watts, III
James C. Johnston           E. Russell March, III       T. Julian Motes           L. Bratton Rainey, III        Hendrik Snow               Leslie G. Weeks
Neil C. Johnston            Chad C. Marchand            Robert H. Mudd, Jr.       Julie H. Ralph                Mary Elizabeth Snow        Lawrence M Wettermar
Vivian G. Johnston, III     Beth Marietta-Lyons         D. Brian Murphy           Robert S. Ramsey              Domingo Soto               Holmes Whiddon, Jr.
Vivian G. Johnston, Jr.     Michael E. Mark             Michael T. Murphy         Clay Rankin, III              Scott W. Soutullo          Jarrod J. White
Andrew M. Jones             L. A. Marsal                Jennifer Murray           James Rebarchak               Mark E. Spear              John L. White
Gregory R. Jones            Linda J. Marston-Crawford   Paul Bradley Murray       F. Grey Redditt, Jr.          Jon M. Spechalske          J. George Whitfield, Jr.
Joe Carl Jordan             Craig D. Martin             P. Russell Myles          Mark L. Redditt               Jerome E. Speegle          David J. Wible
Shirley M. Justice          Steven A. Martino           Paul D. Myrick            William H. Reece              John Ronald Spencer        C. Richard Wilkins
Cecily L. Kaffer            R. Edward Massey, Jr.       Meegan Nelson             Gabrielle Reeves              Daniel T. Stabler          Anna M. Williams
Kathleen Cobb Kaufman       R. Edward Massey, III       Mark A. Newell            W. Boyd Reeves                Leon F. Stamp, Jr.         Arthur G. Williams, IV
Kyla Kelim                  Kevin F. Masterson          James B. Newman           Elizabeth D. Rehm             Joseph D. Steadman         Margaret Y. Williams
Colin E. Kemmerly           Joseph M. Matranga          Frances R. Niccolai       Kirkland E. Reid              Mary Steele                Richard R. Williams
Christopher Kern            Robert C. Matthews          Steven L. Nicholas        T. Dwight Reid                Gregory B. Stein           Ronnie L. Williams
Benjamin H. Kilborn, Jr.    Thomas R. McAlpine          Michael C. Niemeyer       Eric B. Reuss                 T. Jeff Stein              Adam T. Williamson
Fred W. Killion, III        Gregory B. McAtee           David A. Nihart           Latisha Rhodes                Donald J. Stewart          Theresa N. Williamson
Fred W. Killion, Jr.        Brian P. McCarthy           Peggy R. Nikolakis        Robert Riccio                 Louisa L. Stockman         Charles S. Willoughby
James W. Killion            Daniel L. McCleave          Jason B. Nimmer           Kenneth J. Riemer             Norman M. Stockman         J. Charles Wilson
Sujin Kim                   Jacqueline M. McConaha      John R. Nix               J. Burruss Riis               Samuel L. Stockman         J. Elizabeth Wilson
James E. Kimbrough, Jr.     Lynn McConnell              Ken A. Nixon              James V. Roberts, Jr.         Bruce B. Stone, Sr.        Michael P. Windom
William A. Kimbrough, Jr.   Jason S. McCormick          Ryan T. Northrup          Edward Luckett Robinson, II   Margaret A. Stone          Michael A. Wing
Rick O. Kingrea             Douglas L. McCoy            Louis C. Norvell          Jay N. Robinson               Sheila V. Stone            Mark C. Wolfe
Richard M. Kirkpatrick      Marcus E. McCrory           Thomas Michael O’Hara     Thomas M. Rockwell            David A. Strassburg, Jr.   Thomas M. Wood
Stephen L. Klimjack         Kristine Mcculloch          Caine O’Rear, III         William C. Roedder, Jr.       Brandon Strickland         Ricardo Woods
Michael D. Knight           James H. McDonald, Jr.      Sonya Ogletree            Jannea S. Rogers              Todd S. Strohmeyer         Shuntavia Woods
Dennis J. Knizley           Matthew C. McDonald         Thomas P. Ollinger, Jr.   Derek S. C. Rose              Carroll H Sullivan         James A. Yance
H. James Koch               Edward B. McDonough, Jr.    Mary Elizabeth Olsen      Jennifer Roselius             Joseph R. Sullivan         Richard D. Yelverton
Frank H. Kruse              Marcus E. McDowell          Juan Ortega               Ian Rosenthal                 Molly M. Sullivan          Jay A. York
Joseph O. Kulakowski        Stova F. McFadden           Brian R. Overstreet       Jay M. Ross                   James W. Tarlton, III      James William Zeigler
Banks C. Ladd               William S. McFadden         Terrie Owens              James B. Rossler              Jeremy P. Taylor           Thomas T. Zieman, Jr.
Mary Carol Ladd             Katherine M. McGinley       Peter J. Palughi, Jr.     Beth M. Rouse                 Richard H. Taylor          Alex W. Zoghby
Gilbert B. Laden            Robert B. McGinley, Jr.     Frank L. Parker, Jr.      Robert H. Rouse               Shane A. Taylor            George M. Zoghby
Paul V. Lagarde             W. Chris McGough            Harold D. Parkman         Edward P. Rowan               Stacie F. Taylor           ▲▼▲

   44          January 2010
  By Pamela H. Bucy

“Two big
extravaganza                                 state to provide, pro bono, up to 20 hours
                                             of legal services per year for those who
                                                                                             was real nice. He sat down and listened
                                                                                             to my problem.”

pizzas!                 She ordered two of
the biggest pizzas from Domino’s and
                                             cannot afford them.2 Offices of Legal
                                             Services Alabama, Inc., located through-
                                             out the state, screen cases that come in to
                                                                                               What does Mr. Monroe think about the
                                                                                             legal system? “It worked. It worked real
paid for them with my checks! On two         determine if those cases are appropriate          What does Mr. Monroe think about the
different nights! She had them delivered     for referral to VLP attorneys. Cases which      collection agency? “They’re still after
to her right around the corner!”             meet the following criteria are eligible for    me! I got a letter a couple of weeks ago,
   Mr. Monroe1 railed as he told me about    referral to the VLP: (1) the case involves      offering to settle the $5,000 for $800. I
the woman who stole his wallet.              certain issues of law3 and (2) the case is      just threw the letter away.”         ▲▼▲
According to Mr. Monroe, the woman, a        simple, straightforward and appears to be
neighbor, stole his wallet the morning       resolvable within 20 hours or less.4 In
                                                                                             1. A pseudonym
after a “roundabout.” This, Mr. Monroe       Alabama, 23 percent of licensed attorneys       2. Individuals qualify as VLP clients if they live below
later learned, was this woman’s scam.        are volunteers in the VLP.5                        the poverty level, which is currently $13,538 gross
Ultimately, the woman was arrested and          Mr. Monroe and Raleigh met at                   income per year for an individual, or $27,563 gross
convicted for the theft of Mr. Monroe’s      Raleigh’s office. Thereafter, Raleigh filed        income per year for a family of four.
wallet, but not until she ran up $5,000 in   an amended answer to the complaint and          3. Adoption–by relatives with consent of natural parents;
                                                                                                Bankruptcy–Chapter 7; Child Support
bills using his credit card checks.          had subpoenas served on the Huntsville             Modification–caller has major change in circumstances;
   Mr. Monroe told me about his case as      Police Department to obtain records con-           Collections–small claims with attorney on other side;
we sat in his small apartment on a tree-     firming the thief’s arrest and conviction          Contracts and Warranties; Custody–by agreement;
shaded street in the blocks of subsidized    for stealing Mr. Monroe’s wallet. Raleigh          Divorce–uncontested parties are separated or defen-
housing in Huntsville. Confined to a         collected all this information and present-        dant’s whereabouts are unknown; Education;
                                                                                                Guardianship of Child–if needed to enter child in school;
wheelchair with diabetes, rheumatoid         ed it to counsel for the collection compa-         Guardianship of Adult–person not of sound mind or
arthritis and a weak heart, Mr. Monroe       ny. The company was not impressed. It              medical condition prevents person from caring for self;
moves easily in his motorized wheelchair     offered, once again, to settle for a signifi-      Home Ownership–deed preparation, pre-foreclosure
through his handicap-modified apartment.     cant payment by Mr. Monroe. Monroe                 negotiation or land dispute; Landlord/Tenant–private
   After the woman ran up the $5,000 in      refused and the case was set for trial.            housing; Legitimations–by consent; Name
                                                                                                Change–adult and minor; Power of Attorney;
bills, creditors began calling Mr. Monroe,      It was a hot summer day in 2008 when            Probate–wills, living wills, small estate administration;
then hounding him and finally threaten-      Mr. Monroe, in his mechanized wheelchair,          Tax; Tort Defense; Visitation Change–by agreement
ing to sue. Soon, Mr. Monroe was served      got off the bus at the Madison County           4. The average VLP case actually takes five and a half
with a copy of a lawsuit filed by a credit   Courthouse and met Raleigh for trial. They         hours to resolve.
collection agency. He submitted a hand-      went to the courtroom to find a crowded         5. If you would like to volunteer for the VLP, go to the
written response explaining that his wal-    docket. When Judge Sherrod called their            Alabama State Bar’s Web site ( and
                                                                                                click on the VLP link.
let had been stolen and the bills were not   case, counsel for the collection company
his. In his wheelchair, Mr. Monroe took a    announced that the company was not pre-
bus downtown to the Madison County           pared to proceed. Counsel for the company                             Pamela H. Bucy is
Courthouse. He appeared in court, as he      had brought no witnesses or documents to                              the Bainbridge-Mims
had been instructed to do. District Court    prove that Mr. Monroe owed anything. Mr.                              Professor of Law at
Judge Lynn Sherrod listened to him and       Monroe testified. He explained once again                             the University of
then recommended that he contact Legal                                                                             Alabama. She has
                                             that his wallet and been stolen and that the
                                                                                                                   served as a member
Services Alabama’s Huntsville office for     bills were not his. Judge Sherrod ordered
                                                                                                                   of the Alabama State
help. He did, which is how he met            judgment for Mr. Monroe. He owed noth-                                Bar Access to Legal
Richard J. R. Raleigh, Jr., his Volunteer    ing. He had won his case.                                             Services Committee,
Lawyers Program attorney.                       What does Mr. Monroe think about                                   as an at-large bar
   Started in 1991, the Alabama State        Rich Raleigh? “He got a lot of satisfac-        commissioner and as vice president of the
Bar’s VLP recruits lawyers throughout the    tion for me. He helped me quite a bit. He       Alabama State Bar.

                                                                                                        The Alabama Lawyer                        45
Book Review

                                                                                           Ed Haden

                    Alabama Appellate
                    Practice Guide
                    (1st edition, 2009)
                    By Ed Haden

                    Reviewed by Judge R. Bernard Harwood

                             he Alabama Appellate Practice          several appendices are readily accessible
                             Guide expertly supplies the long-      through the introductory “Detailed Table
                             standing need of practitioners for     of Contents” and the concluding lengthy
                    an in-depth, yet easily accessible hand-        “plain English” index. The 17 chapters
                    book on Alabama appellate procedure.            comprehensively cover the various areas
                    Authored by Ed Haden, chair of the appel-       of appellate practice in a logically organ-
                    late focus team of Balch & Bingham LLP,         ized order. In addition to fully treating the
                    with the assistance of a group of editors       various steps and stages of appeals and
                    fully knowledgeable in the field, this book     applications for extraordinary writs, sepa-
                    is a splendid resource for any lawyer           rate consideration is given to a variety of
                    undertaking to navigate the often challeng-     ancillary matters; for example, preserving
                    ing pathways of Alabama appellate proce-        error, cross-appeals and applications for
                    dure. It walks the practitioner through         rehearing. There are entire chapters devot-
                    every critical step of an appeal from a final   ed to such nuts-and-bolts subjects as
                    judgment as well as all of the available        appellate motions practice, staying judg-
                    interlocutory appeals, and likewise guides      ments and composition of the record on
                    him or her through the intricacies of peti-     appeal. Less routine areas, such as amicus
                    tions for the writ of mandamus, the writ of     curiae briefs, questions certified to the
                    prohibition and the writ of certiorari.         Alabama Supreme Court by federal courts
                    Recognizing the sometimes daunting com-         and advisory opinions of the justices, are
                    plexities involved in appellate procedures      not neglected, receiving their own separate
                    (often requiring consideration of the inter-    and full treatment.
                    relationships among a variety of statutes,         The chapter on “When, Where and How
                    the Alabama Rules of Appellate                  to Appeal” provides a great road map for
                    Procedure, the Alabama Rules of Civil           avoiding pitfalls in the timing and structure
                    Procedure and opinions of the Alabama           of an appeal, including such particularized
                    Supreme Court and the Alabama Court of          procedures as appeals from probate courts,
                    Civil Appeals), Haden and his group of          the timing of cross-appeals and the compu-
                    editors have gone to great lengths to make      tation of various applicable deadlines. The
                    sure this practice guide is “user-friendly.”    interaction of post-judgment motions and
                    The 273 pages of substantive text and the       appeal timetables is also helpfully

46   January 2010
explored. As an example of how the thoughtful organization of the           spot any gap or material omission. At the very least, this well-
various chapters provides comprehensive coverage of a subject, yet          researched, knowledgeably arranged and most helpfully indexed
enables the reader easily to locate a particular point of interest, con-    work will lead the practitioner carefully and thoroughly through
sider Chapter 3 dealing with “Appellate Review of Interlocutory             all necessary steps of any appellate procedure he or she might
Orders.” First, the various statutes and rules of appellate procedure       need to pursue with respect to a civil case in an Alabama state
which specially authorize appeals from certain interlocutory orders         court. In short, it is a “must have” for any lawyer who might ever
are cataloged and also summarized in a chart which identifies the           become involved in any sort of appeal or extraordinary writ pro-
time for taking each of those types of appeal. There then follows a         ceeding, be that as appellant/petitioner or appellee/respondent.
discussion of the interlocutory appeals permitted from orders certi-           Copies may be obtained for $25 each by visiting
fied as final pursuant to Rule 54(b) of the Alabama Rules of Civil or by con-
Procedure, interlocutory petitions for writs of mandamus or prohi-          tacting Vera Kirk, with Balch & Bingham, at (205) 251-8100. ▲▼▲
bition (including a lengthy listing of the various types of orders
from which mandamus or prohibition review has been allowed)
and the special timing rules that apply to those various procedures.
Thereafter, the requirements for taking a “permissive” appeal under         Judge R. Bernard Harwood, Jr. obtained a degree in commerce and
Rule 5 of the Alabama Rules of Appellate Procedure are covered.             business administration at the University of Alabama and his law
   All relevant aspects of pursuing appellate review are addressed          degree from the university’s School of Law in 1963. He practiced for 28
in the book, from the substantive (what constitutes a “final” judg-         years in Tuscaloosa until 1991, when he was appointed by the governor
ment that will support a regular appeal) to the purely procedural           to the Circuit Court of Tuscaloosa County. He was then elected twice to
(what language must a Rule 54(b) Ala. R. Civ. P. “finality certifica-       that judgeship. In November 2000, he was elected an associate justice
tion” order contain to support an interlocutory appeal). Each chap-         of the Alabama Supreme Court and served in that position from
                                                                            January 2001 to January 2007, when he voluntarily retired to return to
ter contains cross-references to other chapters that should be con-
                                                                            Tuscaloosa. He rejoined his former law firm and the firm resumed its
sidered to obtain a complete understanding of the area under dis-           original name of Rosen Harwood. Judge Harwood is a Fellow of the
cussion, and each concludes with a practical set of “Practice Tips.”        American Bar Foundation, the Alabama Bar Foundation and the
   Although the forward to this guidebook disclaims any intent              American College of Trial Lawyers and is a “Diplomat” of the
that it constitute “a comprehensive treatise that deals with every          American Board of Trial Advocates. He is chair of the Advisory
appellate rule and every question of Alabama appellate procedure            Committee on the Alabama Rules of Evidence and teaches an advanced
that may arise,” my searching survey of its content has failed to           evidence course at the University of Alabama School of Law.

Mr. Haden thanks those pictured below for their contributions to Alabama Appellate Practice Guide.

 Matt Carroll     Tom Casey        Greg Cook       Daniel Harrell   Joe McCorkle     Kelly Pate     Jason Tompkins   Dorman Walker     C. Yielding

                                                                                                              The Alabama Lawyer              47
What Kind of      Am I Getting for
      My Buck with the LRS?

           By Renee Avery,                hy join the Alabama State Bar       ■   The proceeds from the percentage-fee
             LRS secretary                Lawyer Referral Service?                program will be used to fund the serv-
                                          What can I expect for my                ice, increase LRS promotions and net-
                             investment? What can the LRS do for me               working and advertise the service.
                             that I can’t do myself? How many calls           ■   The LRS provides the groundwork to
                             will I have to take before I get an actual           build clientele.
                             client? What kind of client needs to call
                             for a referral? Are the clients that call        ■   The LRS has a targeted marketing plan
                             wanting a free attorney? These are some              to reach the public.
                             of the questions asked by attorneys. We          ■   We are better than a billboard! When
                             have the answers.                                    people call our line, they talk to someone
                                Every attorney from the solo practition-          in person who gives your information to
                             er to the partner in the big firm could ben-         potential clients!
                             efit from the LRS program. Last year, the
                                                                              ■   You receive your referrals via e-mail
                             Alabama State Bar Lawyer Referral
                                                                                  (unless you choose otherwise) within
                             Service received over 9,000 callers
                                                                                  an hour of the potential client calling
                             requesting a referral. Of these 9,000 calls,
                                                                                  the service.
                             approximately 7,000 received a referral.
                                All callers are first screened by LRS staff   ■   We advertise in the Yellow Pages of
                             before a referral is made to an attorney.            almost every county to help you get
                                                                                  potential clients.
                             ■   The LRS provides fast, efficient referrals
                                 via a specially modified database system.    ■   Our rate is only $100 per year! Nowhere
                             ■   Referrals are made using criteria based          else can you spend such a small amount
                                 on area of law and geographic prefer-            of money and get such a great return.
                                 ences to provide a mutually beneficial       ■   You become a part of a great public
                                 match to both the attorney and client.           service program.

48   January 2010
How many referrals will I                            Networking is a huge part of today’s
                                                   society. The LRS is a great way to do
get through the LRS?                               that at an affordable rate. Maybe the
   Do you speak Spanish? Do you practice
                                                   referral wasn’t an instant client, but the
family law? How far are you willing to
                                                   value of your name being out there is
travel? The number of referrals a member
                                                   priceless. Getting the pre-qualified refer-
receives varies widely depending on a
                                                   ral is great for client development and
number of factors. The more flexibility
                                                   retention as well as a public service.
you have usually means more referrals.
                                                     With the tough economic times we are
   Many attorneys are skeptical at the
                                                   facing one must maintain and grow your
type of client they would get from the
                                                   practice by all available means. The most
Lawyer Referral Service. Some think that
                                                   affordable means is the Lawyer Referral
an individual who really needs an attor-
                                                   Service. You may join the service by
ney would be able to find one on his
                                                   calling (800) 354-6154 or going to the
own. The reality is that individuals look
                                                   ASB Web site at, click
for a good source to find someone who
                                                   on “Members” and then visit “Lawyer
can help. The resource they usually go to
                                                   Referral.” Get more bang for your buck–
is the bar association in their state. The
                                                   join the LRS today!                    ▲▼▲
ASB Lawyer Referral Service is an ideal
way to introduce clients to lawyers who                                                              ASB Lawyer
can provide the legal services they need.
   The LRS is changing with these
                                                                            Renee Avery joined
                                                                            the Alabama State
                                                                                                   Referral Service
changing times. We are reaching out for                                     Bar staff as the           The Alabama State Bar Lawyer Referral
clients who can afford legal help, but do                                   Lawyer Referral        Service can provide you with an excellent
not know where to find it in their area.                                    Service secretary in   means of earning a living, so it is hard to
   The LRS is constantly trying new mar-                                    February 2009.         believe that only three percent of Alabama
keting ideas to reach the public who needs                                                         attorneys participate in this service! LRS
to find a lawyer. In the coming year, we                                                           wants you to consider joining.
will be distributing bookmarks to all pub-                                                             The Lawyer Referral Service is not a pro
lic libraries in the state and handing out                                                         bono legal service. Attorneys agree to
marketing information to chambers of                                                               charge no more than $50 for an initial con-
commerce statewide, in addition to speak-                                                          sultation, not to exceed 30 minutes. If, after
ing to numerous senior groups. We will                                                             the consultation, the attorney decides to
continue our Yellow Book ads for almost                                                            accept the case, he or she may then charge
every county across the state.                                                                     his or her normal fees.
                                                                                                       In addition to earning a fee for your serv-
                                                                                                   ice, the greater reward is that you will be
                                                                                                   helping your fellow citizens. Most referral
                                                                                                   clients have never contacted a lawyer before.
                                                                                                   Your counseling may be all that is needed, or
                                                                                                   you may offer further services. No matter
                                                                                                   what the outcome of the initial consultation,
                                                                                                   the next time they or their friends or family
                   Is your firm fully protecting all of its sensitive information?                 need an attorney, they will come to you.
           Does your firm have an information destruction and management policy?                       For more information about the LRS, con-
     Does your firm need a more efficient and cost-effective records management program?           tact the state bar at (800) 354-6154, letting
                                                                                                   the receptionist know that you are an attor-
                    We provide on-site document and media destruction,
                   records management and storage, and media rotation.                             ney interested in becoming a member of the
                                                                                                   Lawyer Referral Service. Annual fees are
             Please call 1-877-60-Shred (74733) to speak with a representative.                    $100, and each member must provide proof
                                                                                                   of professional liability insurance.
    *Mention this ad to receive $20 off your 1st automatic destruction service, a 20% discount
       for one time destruction service or your 1st month records storage free (up to $95)

                                                                                                       The Alabama Lawyer                            49
                    Task Force to Examine
                    Interest in Creating
                    New Federal Court
                    Practice Section
                              labama State Bar President Tom Methvin recently
                              appointed a blue-ribbon task force comprised of federal
                              judges and practitioners to determine the feasibility of
                    forming a new Federal Court Practice Section.
                       “A Federal Court Practice Section would serve as the bar’s
                    liaison to the federal courts, the standing committees of the
                    Federal Judicial Conference, Federal Bar Association chapters
                    throughout Alabama and those members of the state bar interest-
                    ed in federal court practice,” Methvin said.
                       Task Force Chair David B. Byrne, III of Montgomery said
                    the section would strive to foster communications between
                    lawyers and federal judges on matters pertaining to federal court
                    practice; review and offer comment on proposed changes to fed-
                    eral court rules, including local federal court rules, and offer
                    educational programs and publications designed to improve the
                    federal court practice experience of state bar members.
                       “Our main goal is to assist Alabama lawyers in federal court
                    practice and to aid the federal judiciary in its mission to admin-
                    ister justice. The organized bar has a pivotal role to play,”
                    Methvin said.
                       Members of the task force are:
                      David B. Byrne, III, Montgomery, chair
                      Chief Judge Sharon L. Blackburn, U.S. District Court,
                      Northern District of Alabama, Birmingham
                      Mag. Judge (retired) Delores Boyd, Montgomery
                      Henry H. Brewster, Jr., Mobile
                      Judge John L. Carroll, dean, Cumberland School of Law,
                      Judge L. Scott Coogler, U.S. District Court, Northern District
                      of Alabama, Tuscaloosa
                      Judge Kristi K. DuBose, U.S. District Court, Southern District
                      of Alabama, Mobile
                      Jeffrey E. Friedman, Birmingham
                      Chief Judge Mark E. Fuller, U.S. District Court, Middle
                      District of Alabama, Montgomery
                      R. Austin Huffaker, Jr., Montgomery
                      Bob Methvin, Jr., Birmingham
                      Harold Stephens, Huntsville
                       If the criteria for creating a new section is met (at least 50
                    ASB members indicating they would join such an entity and pay
                    annual dues), then the ASB would have 23 substantive law sec-
                    tions, not including the Young Lawyers’ Section.                ▲▼▲

50   January 2010
The Alabama Lawyer   51
                       ASB LEADERSHIP FORUM

                                          FORUM                           By Edward M. Patterson

          n October 30th, the Board of Bar Commissioners
          approved 30 attorneys for participation in Class 6 of the
          2010 Leadership Forum. The Board of Bar
Commissioners also selected Matthew Lee Huffaker as an
honorary posthumous member of Class 6. At the time of his
death August 16th, Lee was a partner at Maynard, Cooper &
Gale PC in Birmingham.
   The application process opened in July and closed on October
2nd. The Selection Committee received 75 applications from
lawyers who have been admitted to practice at least five but not
more than 15 years as of January 1, 2010 based on an appli-
cant’s year of first admission to any state bar. Demonstrated
leadership ability based on past accomplishments and current
engagements, and an understanding of the importance of servant                Tom Warburton (Class 4), Kimberly Powell (Class 2) and Cynthia Ransburg-
leadership as demonstrated in the applicant’s narrative, are the              Brown (Class 4) all of Birmingham, converse prior to Class 5 opening session.
most weighted factors in the selection process. The selection
process is highly competitive so consideration was also given to
applicants who have applied in previous years. Christopher A.
                                                                              Session Dates and Topics
                                                                                Session 6.1–Orientation–“Fundamentals of Leadership,”
Mixon (Class 5) chaired the 10-member Selection Committee.
                                                                              January 28-30, 2010, Marriott Grand Hotel, Point Clear (Thurs.,
Other members included Shawn T. Alves (Class 3), J.
                                                                              Fri. and Sat.)
Chandler Bailey (Class 5), Sandra E. Gregory (Class 4),
                                                                                Session 6.2–“Legislative Process & Economic Development,”
Teresa G. Minor (Class 1), Emily K. Niezer (Class 5), Valerie
                                                                              February 23, 2010, Alabama State Bar, Montgomery and
H. Plante (Class 5), Robert E. Poundstone, IV (Class 5),
                                                                              Hyundai (Tues.)
Erica L. Sheffield (Class 5), and Aldos L. Vance (Class 2).
                                                                                Session 6.3–“Black Belt: Struggles & Triumphs,” March 18,
   The racial and gender diversity of the class exceeds the percent-
                                                                              2010, Kellogg Conference Center, Tuskegee (Thurs.)
ages of the state bar membership as a whole. The 2010 class
                                                                                Session 6.4–“Leadership through Education,” April 22, 2010,
includes 13 females (43 percent), 17 males (57 percent), five
                                                                              Alabama State Bar, Montgomery (Thurs.)
African Americans (17 percent), one other (3 percent), and 24
                                                                                Session 6.5–“Access to Justice,” May 20, 2010, Balch &
Caucasians (80 percent). The average age of the class is 35.9 years.
                                                                              Bingham LLP, Birmingham (Thurs.)
A chart accompanying this article illustrates the applicant demo-
                                                                                Graduation Banquet, Birmingham
graphics for the past six years. Forty-four of the 75 applications
                                                                                The agendas of the first two sessions of the 2010 forum clear-
were from attorneys
                                                                              ly demonstrate the quality of the programming continues to
living in the
                                                                              increase as alumni of the forum take ownership, responsibility
Birmingham area.
                                                                              and pride in furthering the purposes of the Alabama State Bar
Class 6 includes seven
                                                                              Leadership Forum.                                          ▲▼▲
lawyers working in the
public sector, two pub-
lic interest lawyers,                                                                                   Edward M. Patterson is assistant executive
one in-house counsel,                                                                                   director of the Alabama State Bar. He is the
three transactional                                                                                     staff director of the Leadership Forum and is a
lawyers, six plaintiff’s                                                                                recipient of the State Bar Award of Merit.
trial lawyers in a large
firm or solo practice,
two criminal defense       Class 3 alumni Clay Martin, Huntsville, and
lawyers, and nine civil George Parker, Montgomery, get ready to facilitate
defense litigators.        a Class 4 session on Alabama educational issues.

  52        January 2010
                          ASB LEADERSHIP FORUM

                                                                                                                                                                         Applications Class Alter.
                                                                                                                                                        Class 1 (2005)




                                                                                                   LEADERSHIP FORUM APPLICANT DEMOGRAPHICS, 2005-2010




                                                                                                                                                                         Applications Class Alter.
                                                                                                                                                        Class 2 (2006)





Field trip to State Judicial Building in Montgomery

                                                                                                                                                                         Applications Class Alter.

                                                                                                                                                        Class 3 (2007)




John A. Baty                         Jefferson County District Attorney’s Office    Birmingham


Robin L. Beardsley                   Sirote & Permutt PC                            Birmingham
Kevin L. Boucher                     Mobile County Commission                           Mobile
Steven M. Brom                       The Brom Law Firm LLC                          Birmingham

                                                                                                                                                                         Applications Class Alter.
Brian V. Cash                        The Perkins Group LLC                          Birmingham

Joel D. Connally                     attorney at law                                Montgomery

                                                                                                                                                        Class 4 (2008)



Christopher W. Deering               Ogletree Deakins                               Birmingham
Rebecca G. DePalma                   White, Arnold & Dowd                           Birmingham






Nicole S. Diaz                       University of Alabama                           Tuscaloosa
Brandon K. Essig                     Department of Justice                          Montgomery
Glenda D. Gamble                     City of Tuscaloosa                              Tuscaloosa
                                                                                                                                                                         Applications Class Alter.

Monica G. Graveline                  Balch & Bingham LLP                            Birmingham
Brandy O. Hambright                  Hicks, Matranga, Hambright                         Mobile
                                                                                                                                                        Class 5 (2009)

Tyrell F. Jordan                     Balch & Bingham, LLP                           Birmingham
Derrick A. Mills                     Marsh, Rickard & Bryan                         Birmingham



Larry B. Morris                      Starnes & Atchison LLP                         Birmingham
Anil A. Mujumdar                     Haskell Slaughter Young & Rediker              Birmingham
Andrew S. Nix                        Maynard, Cooper & Gale PC                      Birmingham
Jennifer C. Pendergraft              Ogletree Deakins                               Birmingham
                                                                                                                                                                         Applications Class Alter.

William I. Powell                    Lauderdale County District Attorney’s Office      Florence
                                                                                                                                                        Class 6 (2010)



Angela S. Rawls                      Madison County Volunteer Lawyers Program         Huntsville


Hon. Katrina Ross                    State of Alabama–10th Judicial Circuit           Bessemer


Joi C. Scott                         Christian & Small LLP                          Birmingham

Jay E. Stover                        Stover, Stewart & Phillips LLC                    Gadsden
Brian A. Wahl                        Bradley Arant Boult Cummings LLP               Birmingham
                                                                                                                                                                                                     Number of Applicants

Todd B. Watson                       District Attorney’s Office–35th Circuit          Evergreen
                                                                                                                                                                                                                            City: Birmingham

Leslie G. Weeks                      Helmsing, Leach, Herlong, Newman & Rouse           Mobile

William C. White, II                 Parkman, Adams & White                         Birmingham



Tamula R. Yelling                    Constangy, Brooks & Smith LLC                  Birmingham
Cinda R. York                        Regions Financial Corp                         Birmingham

                                                                                                                                                                    The Alabama Lawyer                                                  53
                         ASB LEADERSHIP FORUM

Session 6.1–Orientation                                                                       7:00–9:00 pm:     Dinner
                                                                                                                Guest Speaker: United States Surgeon General Regina Benjamin
“Alabama Needs You to Lead”                                                                                     “Pick Yourself Up, Dust Yourself Off, Start All Over Again:
January 28-30, 2010                                                                                             Perseverance Is at the Heart of Leadership”
Grand Hotel Marriott Resort, Golf Club & Spa, Point Clear
THURSDAY, JANUARY 28, 2009                                                                 SATURDAY, JANUARY 30, 2009
   11:00 am–noon:     Check-in and registration                                               8:30–9:30 am:     Breakfast
   12:00–1:00 pm:     Lunch: Welcome and introductions                                        9:30–10:15 am:    “Finding Common Ground in a Fractious Time”
   1:00–2:00 pm:      “Imagining Alabama in 2020”                                                               Current Mobile Mayor Sam Jones, the first African-American
                      David G. Bronner, CEO of Retirement Systems of America, lays                              elected to that position, discusses the challenge of leading at a
                      out his vision of what Alabama can achieve with strong leader-                            time when political, social and economic divisions often appear
                      ship over the next decade.                                                                to be widening and public discourse is frequently acrimonious.
   2:00–3:00 pm:      “What Is A Leader?”                                                     10:15–11:30 am:   “Practical Leadership Goals for Alabama Lawyers”
                      Allison Cornelius Black, Principal Consultant, BlackBOARD                                 Panel discussion: Four senior lawyers with strong leadership
                      Governance & Leadership Consulting                                                        records discuss lessons learned from taking on leadership roles
   3:00–3:15 pm:      Break                                                                                     inside and outside the law, and give concrete advice about how
                                                                                                                and where younger lawyers should get involved.
   3:15–5:00 pm:      Allison Cornelius Black (continued)
   5:00–5:15 pm:      Wrap-up and Adjourn
                                                                                                                Moderator/speaker John N. Leach, president, Mobile Bar
   6:00–7:30 pm:      Cocktails (a short walk from the hotel)                                                   Association
                      Dinner at the nearby Wash House Restaurant in Fairhope                                    Samuel N. Crosby, ASB past president
FRIDAY, JANUARY 29, 2009                                                                                        William Lee Thuston, managing partner, Burr & Forman
   7:30–8:15 am:      Breakfast                                                               11:30–11:45 am:   Final Remarks: “It’s Your Time to Lead”
   8:15–9:00 am:      “Making Your Vision a Reality”                                                            Edward M. Patterson, assistant executive director, Alabama
                      University of South Alabama’s head football coach, Joey Jones,                            State Bar
                      discusses the creation of USA’s ambitious football program. (This       Noon:             Check-out
                      season is the team’s first.)
   9:00 – 10:00 am:   “Why You Must Lead”
                      Panel discussion concerning the moral and practical reasons
                      why those who have the ability and resources to lead must do
                      so. Possible panelists include:                                      SESSION 6.2–Proposed Agenda
                      Moderator/speaker Michael D. Knight, past president, Mobile          “The Legislative Process and Economic Development”
                      Bar Association, and senior partner, McDowell Knight Roedder &
                      Sledge LLC
                                                                                           Tuesday, February 23, 2010
                      Stephen F. Black, director, Center for Ethics & Social
                                                                                           Alabama State Bar, Montgomery
                      Responsibility, the University of Alabama                               8:00–8:45 am:     Registration and breakfast in Boardroom
                      Kathy Jorgensen, Methodist minister                                     8:45–9:00 am:     Walk from ASB to State House, 8th Fl. Conference Room, Old
                                                                                                                House Chambers Room, State Capitol
                      Major General J. Gary Cooper, U. S. Marine Corp. (retired)
                                                                                              9:00–9:10 am:     Othni J. Lathram, Lara M. Alvis, D. Scott Mitchell, Emily H. Raley
                      Former Alabama Governor Albert Brewer
                                                                                                                Introductions and Legislative Process Overview
   10:00–10:15 am:    Break
                                                                                              9:10–9:40 am:     Representative Marcel Black, “The Committee Process”
   10:15 – 11:00 am: “What’s Holding Alabama Back?”
                                                                                              9:40–10:10 am:    Representative Paul DeMarco, “Becoming a Lawyer-
                      Why does Alabama continue to lag behind other states in some
                      key areas? Wayne Flynt discusses problems with the Alabama
                      constitution, as well as other historic and ongoing impediments         10:10–10:40 am:   Senator Rodger Smitherman, “How the Senate Works”
                      to progress in the state, and suggests ways to overcome those           10:40–10:50 am:   Break
                                                                                              10:50–11:20 am:   Kim Adams and Suzie Edwards, tour of State House
   11:00–12:30 pm:    Lunch
                                                                                              11:20–11:35 am:   Walk from State House back to Alabama State Bar
   12:30–1:15 pm:     “Effective Alabama Leadership in Action: The
                                                                                              11:35–12:05 pm:   Mark White, “How to be an Advocate with the Legislature”
                      Renaissance of Mobile”
                                                                                              12:05–1:00 pm:    Buffet Lunch
                      Mike Dow, Mobile’s mayor from 1989 until 2005, discusses the
                      city’s dramatic revival during his time in office.                      12:15–1:00 pm:    Congressman Artur Davis, “The Federal Legislative Process”
   1:15–2:30 pm:      “The Port of Mobile: A Gateway to the World”                            1:05 pm:          Board touring bus and travel to Hyundai Motor Manufacturing
                                                                                                                Alabama, LLC, Hope Hull
   2:30–4:15 pm:      Tour of Austal shipbuilding facility, manufacturer of military and
                      other large watercrafts                                                 1:25–1:30 pm:     Group photo in HMMA reception area
                      Tour includes assembly bay for the Navy’s Littoral Combat ship          1:30–1:45 pm:     Rick Neal, HMMA general counsel, and Christopher N. Smith,
                      and the $170 million Module Manufacturing Facility which pre-                             “Welcome & Introductions”
                      fabricates ship components for assembly in various vessels.             1:45–3:15 pm:     Tour of Hyundai plant
                      Facility tour followed by presentation by Austal’s President/CEO
                                                                                              3:15–3: 30 pm:    Break
                      Joseph Nall, who will discuss Mobile’s opportunity to become a
                      major shipbuilding center. (As a federal contractor, Austal is a        3: 30–4:15 pm:    Bradley Byrne, “Economic Development in Alabama”
                      secured site and only U.S. citizens may visit. There is a clear-        4:15–4:30pm:      Edward M. Patterson, “Closing Remarks”
                      ance process which takes approximately a month, and requires
                                                                                              4:30 pm:          Return to Alabama State Bar
                      visitors to provide a passport or birth certificate.)
                                                                                              5:00 pm:          Official group photograph
   4:15–5:00 pm:      Bus trip back to Grand Hotel
   6:00–7:00 pm:      Cocktails

  54         January 2010
The Alabama Lawyer   55
                                            By Presiding Judge J. Scott Vowell

        or many years, our Birmingham circuit judges have been         people of Alabama. It was determined that this name for the
        assigned to specific divisions of the court due to the vol-    docket would be more descriptive than “Business Court.”
        ume of litigation filed in Birmingham. We now have 11             The creation of a specialized CLD serves several goals. The
circuit judges in the Civil Division, nine in the Criminal             laws contemplated to be at issue in such cases generally affect
Division, three in Domestic Relations and one in Family Court.         all businesses in the state, and the efficient planning of those
With this degree of specialization, a judicial candidate may           businesses requires greater predictability in assessing the effects
select a judgeship that is assigned to the area of the law in          of potential litigation. The prompt resolution of such claims
which the candidate has expertise. When the judge achieves the         requires developing expertise in those laws and the utilization of
judgeship, he/she will have the opportunity to develop the spe-        specialized case management procedures. Concentrating such
cial skills needed to handle the type of case to which he/she is       litigation in a specialized docket, with one judge presiding, fur-
assigned. We have found that this system serves us well.               thers the goals of predictability and efficiency. Such benefits
   In Birmingham, we have further specialized our court system in      have been recognized by a number of states that have already
establishing “Problem Solving Courts” or “Remediation Courts.”         created specialized business or commercial litigation courts.
The concept of these courts is that the traditional adversarial sys-
tem is not the best method of dealing with some of modern              The committee reached the following
American society’s major problems: drug use, domestic violence         conclusions:
and mental health. In these courts, we use specialists to address         1. The CLD should have a specifically-defined jurisdiction so
the root cause of the defendant’s legal problem. These courts pro-           that parties, attorneys and judges could readily determine
vide alternatives to incarceration and reduce recidivism. Special            whether their cases fit within the defined jurisdiction. Cases
skills are required of the judges in these courts.                           falling within the CLD are described below.
   Another trend in the American legal system is the establish-
                                                                          2. Only those cases properly within the Birmingham
ment of specialized, commercial civil dockets to help expedite
                                                                             Division of the Jefferson County Circuit Court would be
cases arising out of business disputes and other complex litiga-
                                                                             eligible for assignment. Since the presiding judge has the
tion. These dockets have been especially useful in metropolitan
                                                                             authority to assign cases under the Rules of Judicial
areas, such as ours, where business litigation is most prevalent.
                                                                             Administration, no legislation or other formal action
   Chief Justice Sue Bell Cobb asked me to consider the feasi-
                                                                             would be needed to establish this docket in Birmingham.
bility of creating a Business Court in Alabama. I appointed an
                                                                             This would permit an easier implementation of this docket
ad hoc committee, which included Jefferson County Circuit
                                                                             and would allow for the assessment of the docket as a
Judge Robert Vance, retired Supreme Court Justice Ralph
                                                                             pilot program that, if proven to be beneficial, might
Cook, retired Circuit Judge Tennant Smallwood, corporate lit-
                                                                             become a model for the establishment of additional such
igation attorney Drew Sinor, and Alabama Gas Corporation
                                                                             courts in other circuits.
President Dudley Reynolds.
   The committee obtained and considered a great deal of infor-
mation dealing with the formation of a Business Court. The             The committee further agreed to the follow-
committee submitted a report to the chief justice, and she has         ing points pertaining to managing the CLD:
accepted our recommendations.                                            • A party desiring to have a newly-filed case included on the
   The committee concluded that the creation of a specialized              docket must file, in addition to the summons and complaint,
Commercial Litigation Docket (CLD) would be beneficial to the              and the Civil Cover Sheet (form A.R.Civ.P.-93), a verified
  56       January 2010
   document that would make explicit the request for inclusion             7. Commercial class actions and consumer class actions not
   in the docket and an explanation why inclusion is warranted.               based on personal injury or product liability claims.
   Any such request would be forwarded to the presiding judge,             8. Malpractice claims involving a business entity and attor-
   who would determine whether the case should go on the                      neys, accountants, architects or other professionals in con-
   docket. An order to that effect would be directed to the clerk             nection with services rendered to that business.
   of the court, who would then make the necessary arrange-
                                                                           9. Environmental claims and environmental insurance coverage
   ments for assignment.
                                                                              litigation arising out of the acquisition or sale of business.
 • No additional filing fees would be required of a party
                                                                         10. Transactions governed by the Uniform Commercial Code,
   requesting that a case be included in the docket.
                                                                             Ala. Code (1975) § 7-1-1, et seq., provided the amount in
 • Alternatively, if a case is assigned to another judge as part             controversy, exclusive of interest, attorneys’ fees and liti-
   of the circuit’s regular docket, and that judge subsequently              gation expenses, exceeds $50,000.
   and reasonably concludes that the case should be on the
                                                                         11. Any other case in which the presiding judge determines
   CLD, that judge may refer the matter to the presiding judge
                                                                             that any of the following apply:
   for possible re-assignment.
                                                                              (A) that the case may have implications for business and
 • All cases on the CLD would be assigned by the presiding
                                                                                  industry beyond the decision in the particular case;
   judge to Circuit Judge Robert S. Vance, who would handle the
   CLD in addition to his regular caseload. There would be a                  (B) that the case may result in a significant interpretation
   standing designation of another judge to serve as a backup in                  of a statute within the scope of the docket, or
   the event that Judge Vance could not hear a particular case on             (C that there exist other reasons for the proper inclusion
   the docket, or is absent when exigent circumstances arise. Note               in the CLD.
   that it is with gratitude that Judge Vance has volunteered to
   take the responsibility for this docket.
 • Like with all other circuit civil cases, the Birmingham
                                                                       The following types of litigation would
   Differential Case Management Plan would apply.                      not be properly included within the CLD:
                                                                           1. Disputes regarding sales of residential real property or
 • Assignment to the CLD would not affect any party’s right
                                                                              construction of residential dwellings.
   to a jury trial that might otherwise exist.
                                                                           2. Professional malpractice cases arising outside the context
 • Judge Vance would retain the authority to refer a case back
                                                                              of a commercial dispute.
   to the court’s regular docket, with re-assignment to a judge
   at random, if events occurring after a case’s initial filing            3. Cases seeking declaratory judgment as to insurance cover-
   (e.g., a ruling that a proposed class is not properly certifi-             age for personal injury or property damages.
   able) remove the case from the categories of cases properly             4. Individual consumer claims including product liability,
   included in the CLD.                                                       other personal injury or wrongful death cases.
                                                                           5. Individual employment-related claims.
The following cases would be properly                                      6. Individual consumer claims, including product liability.
included within the CLD:                                                  At this time, we do not know the amount of litigation which
  1. Claims arising from allegations of breach of commercial           will be included in the CLD. As we gain experience, we antici-
     contract or of fiduciary duty, fraud, statutory violation aris-   pate refining the descriptions of cases which are properly
     ing out of business dealings (e.g., sales of assets or securi-    assigned to the CLD.
     ties, corporate structuring, partnership, shareholder, joint         We look forward to this attempt to improve the quality of jus-
     venture and other business agreements, trade secrets, and         tice offered by our courts to the Alabama business community.
     restrictive covenants), and all other litigation arising under    We appreciate the cooperation of the Alabama State Bar and
     Ala. Code (1975) § 10-1- 1, et seq.                               welcome your suggestions as the program develops. The pro-
                                                                       gram was expected to begin January 2, 2010. The cases
  2. Actions relating to securities, such as claims arising under
                                                                       assigned to the court will be designated “CLD.”            ▲▼▲
     Ala. Code (1975) § 8-6-1, et seq.
  3. Actions arising from trade secrets or intellectual property
  4. Business torts such as antitrust claims under Ala. Code
     (1975) § 8-10-1, et seq., claims of unfair competition,
     interference with contractual or business relations.              Judge J. Scott Vowell, presiding judge of the Tenth Judicial Circuit, is
                                                                       a graduate of the University of Virginia Law School. Vowell was elected
  5. Claims pertaining to trademarks, names, marks, devises,           to the Jefferson County Circuit Court (Civil Division) in 1994 after
     and labels, under Ala. Code (1975) § 8-12-1, et seq.              practicing law for 30 years. He has been re-elected twice. Vowell has
  6. Transactions involving the development of commercial              served as presiding judge of the circuit since 2003. Judge Vowell also
     real property or complex commercial construction dis-             serves on the Alabama Court of the Judiciary and the Alabama Pattern
     putes.                                                            Jury Instruction Committee.

                                                                                                          The Alabama Lawyer              57
58   January 2010
 Piercing the
Corporate Veil:   When is Too Much Fiction a Bad Thing?
                                       By Will Hill Tankersley and Kelly Brennan

General Rule: Uphold the                                               law has created the corporation.” Id. (quotation marks omitted);
                                                                       see also M & M Wholesale Florist, Inc. v. Emmons, 600 So. 2d
                                                                       998, 999 (Ala. 1992). In virtually every situation where a court
Corporate Identity                                                     is asked to pierce the corporate veil, the court typically observes
                                                                       that such an exercise of judicial power is extraordinary, or is not
   The corporate identity is a useful fiction. Indeed, some would      to be done lightly. See Gilbert v. James Russell Motors, Inc.,
argue that it is a vital fiction in the sense that individuals might   812 So. 2d 1269, 1273 (Ala. Civ. App. 2001) (“extraordinary”);
balk at launching new ventures if it meant their personal assets       Transamerican Properties v. Watkins, 673 So. 2d 422, 425 (Ala.
were readily at risk. In general, the common law has enforced          Civ. App. 1993) (“not … lightly exercised”); M & M Wholesale
the corporate identity unless it is a sham or alter ego of another.    Florist, Inc. v. Emmons, 600 So. 2d 998, 999 (Ala. 1992) (“cor-
This presumption against piercing the corporate veil can be            porate form [ ] not lightly disregarded”); First Health, Inc. v.
overcome by showing fraud or other exceptional circumstances.          Blanton, 585 So. 2d 1331, 1334 (Ala. 1991) (“not … lightly
Given the nature of piercing the corporate veil, such “piercing”       exercised”); cf. Ex parte Thorn, 788 So. 2d 140, 143 (Ala.
is generally a fact intensive exercise of a court’s equitable pow-     2000) (“The doctrine of ‘piercing the corporate veil’ is equitable
ers. The court’s power to reach a determination on “piercing” or       in nature.”). Thus, a presumption is in favor of upholding the
alter ego issues has particular application not only in reaching       corporate veil.
assets behind a sham corporation but also can be important in
patent infringement venue questions. This article sets forth the
general principles for piercing the corporate veil and its applica-
tion under both Alabama law as well as its application to venue
                                                                       General standards for
questions under patent law.
                                                                       piercing the veil
                                                                          The presumption against piercing notwithstanding, courts may
Presumption of validity                                                disregard the corporate form when (1) the corporation is inade-
                                                                       quately capitalized; 2) the corporation is conceived or operated for
   Alabama law upholds the “the corporate identity . . . unless        a fraudulent purpose; (3) the corporation is operated as an instru-
the individual sought to be charged with the corporation’s liabil-     mentality or alter ego of an individual or entity with corporate con-
ity has used the corporate identity as his alter ego.” Chenault v.     trol; or (4) the interests of justice and equity so require. See
Jamison, 578 So. 2d 1059, 1061 (Ala. 1991) (citing Forester &          Southern Sash Sales & Supply Co. v. Wiley, 631 So. 2d 968, 970
Jerue, Inc. v. Daniels, 409 So. 2d 830 (Ala. 1982)). Indeed, in        (Ala. 1994) (“[S]eparate corporate existence will not be recognized
Alabama, “the corporate form is not lightly disregarded, since         where a corporation is so organized and controlled and its business
limited liability is one of the principal purposes for which the       conducted in such a manner as to make it merely an instrumentality
                                                                                                        The Alabama Lawyer             59
of another”); Culp v. Economy Mobile Homes, Inc., 895 So. 2d            Deupree v. Anderson, 505 So. 2d 1218, 1222 (Ala. 1987).1
857, 859-60 (Ala. 2004)(same); Gilbert, 812 So. 2d at 1273 (“The        Depletion of corporate funds also can be used as a basis to disre-
Alabama Supreme Court has set out the following extraordinary           gard the corporate form and pierce the corporate veil:
circumstances in which it would be appropriate to pierce the corpo-
                                                                           The corporate veil may be pierced where a corporation is
rate veil: where the corporation is inadequately capitalized; where
                                                                           set up as a subterfuge, where shareholders do not observe
the corporation is conceived or operated for a fraudulent purpose;
                                                                           the corporate form, where the legal requirements of corpo-
or where the corporation is operated as an instrumentality or alter
                                                                           rate law are not complied with, where the corporation main-
ego of an individual or entity with corporate control.”); M & M
                                                                           tains no corporate records, where the corporation maintains
Wholesale Florist, 600 So. 2d at 999 (same); First Health, 585 So.
                                                                           no bank account, where the corporation has no employees,
2d at 1334 (same); Deupree v. Ruffino, 505 So. 2d 1218 (Ala.
                                                                           where corporate and personal funds are intermingled and
1987) (“A separate corporate existence will not be recognized when
                                                                           corporate funds are used for personal purposes, or where an
a corporation is so organized and controlled and its business so
                                                                           individual drains funds from the corporation.
conducted as to make it a mere instrumentality of another or the
alter ego of the person owning and controlling it. A corporation and    Econ Marketing, Inc. v. Leisure American Resorts, Inc., 664 So.
the individual or individuals owning all its stock and assets can be    2d 869, 870 (Ala. 1995) (emphasis added).
treated as identical, even in the absence of fraud, to prevent injus-
                                                                          1. “Fraud” or “Injustice” To pierce the corporate veil under
tice or inequitable consequences.”).
                                                                             Alabama law, a plaintiff must show either fraud in assert-
   For example, Alabama law has recognized that a corporate
                                                                             ing the corporate existence or must show that recognition
form should be disregarded in certain cases:
                                                                             of the corporate existence will result in injustice or
   A separate corporate existence will not be recognized                     inequitable consequences. (Additionally, mere domination
   when a corporation is so organized and controlled and its                 cannot be enough to pierce the corporate veil; there must
   business so conducted as to make it a mere instrumentality                be the added elements of misuse of control and harm or
   of another or the alter ego of the person owning and con-                 loss resulting from it.) Id. Econ Marketing, Inc. v. Leisure
   trolling it. A corporation and the individual or individuals              American Resorts, Inc., 664 So. 2d 869, 870 (Ala. 1994).
   owning all its stock and assets can be treated as identical,              To establish a fraudulent purpose or to prove that a busi-
   even in the absence of fraud, to prevent injustice or                     ness is being operated as an alter ego, plaintiff must show
   inequitable consequences.                                                 more than just a shareholder’s desire to avoid personal lia-
                                                                             bility for the business’ debts. “To pierce the corporate veil,
                                                                             a plaintiff must show fraud in asserting the corporate exis-
                                                                             tence or must show that recognition of the corporate exis-
                                                                             tence will result in injustice or inequitable consequences.”
                                                                             Simmons v. Clark Equip. Credit Corp., 554 So. 2d 398,
                                                                             400 (Ala. 1989).
                                                                          The Alabama Supreme Court has explained:
                                                                           [A] parent corporation which owns all the stock of a sub-
                                                                           sidiary corporation is not liable for acts of its subsidiary
                                                                           corporation, unless the parent corporation so controls the
                                                                           operation of the subsidiary corporation as to make it a
                                                                           mere adjunct, instrumentality, or alter ego of the parent
                                                                           corporation. Baker v. Hospital Corporation of America,
                                                                           432 So.2d 1281 (Ala. 1983). Furthermore, where one cor-
                                                                           poration controls and dominates another corporation to the
                                                                           extent that the second corporation becomes the mere
                                                                           instrumentality of the first, the dominant corporation
                                                                           becomes liable for those debts or torts of the subservient
                                                                           corporation attributable to an abuse of that control.
                                                                        Duff v. Southern Ry. Co., 496 So. 2d 760, 762 (Ala. 1986). The
                                                                        court has applied a number of factors to determine whether this
                                                                        control exists:
                                                                          (a) The parent corporation owns all or most of the capital
                                                                              stock of the subsidiary.
                                                                          (b) The parent and subsidiary corporations have common
                                                                              directors or officers.
                                                                          (c) The parent corporation finances the subsidiary.
                                                                          (d) The parent corporation subscribes to all the capital stock
                                                                              of the subsidiary or otherwise causes its incorporation.

  60       January 2010
  (e) The subsidiary has grossly inadequate capital.                     liability was the president of the corporation, the corpora-
                                                                         tion was undercapitalized, the individual commingled his
  (f) The parent corporation pays the salaries and other expens-
                                                                         funds with those of the corporation and the individual
      es or losses of the subsidiary.
                                                                         intended to file a petition in bankruptcy for the corpora-
  (g) The subsidiary has substantially no business except with           tion if it did not earn a profit on the project that was the
      the parent corporation or no assets except those conveyed          subject of the lawsuit. The court concluded this despite
      to it by the parent corporation.                                   the fact that the record contained no information regarding
                                                                         the identities of the other officers of the corporation, the
  (h) In the papers of the parent corporation or in the statements
                                                                         number of corporate stockholders or their ownership inter-
      of its officers, the subsidiary is described as a department or
                                                                         ests, or the corporation’s financial information.
      division of the parent corporation, or its business or financial
      responsibility is referred to as the parent corporation’s own.     Ex parte AmSouth Bank, 669 So. 2d 154 (Ala. 1995)–In
                                                                         Ex parte AmSouth Bank, the Alabama Supreme Court
  (i) The parent corporation uses the property of the subsidiary
                                                                         reversed the court of civil appeals’ decision to affirm entry
      as its own.
                                                                         of summary judgment. The court found that the existence
  (j) The directors or executives of the subsidiary do not act           of a material fact precluded entry of judgment on whether
      independently in the interest of the subsidiary but take           the corporate veil should be pierced and held that
      their orders from the parent corporation in the latter’s           AmSouth’s interaction with a certain individual as the cor-
      interest.                                                          poration’s representative did not foreclose piercing, but
                                                                         only militated against it. Moreover, pertinent facts justify-
  (k) The formal legal requirements of the subsidiary are not
                                                                         ing the denial of summary judgment included the fact that
                                                                         the individual was the sole shareholder, sole director and
Id. (The test above was used to determine whether the corporate          sole officer of the corporation; that the corporation had no
form should be disregarded as between a parent and its sub-              financial records, business licenses or bank accounts; that
sidiary. Although not precise to the facts of this case, the factors     the corporation assumed responsibility for the individual’s
used are relevant and should be persuasive.)                             debts for no consideration; and that the individual may
                                                                         have misused the corporate form.
  In Duff, for example, the court held that the following four
factors (plus some other “relevant factors” concerning control)
were enough for the plaintiff’s claims to survive summary judg-
ment and to be sent to the jury on a veil piercing theory: (1)
company A owned all the stock in Company B; (2) an individual
named Garner was an officer of one company and a director of
the other; (3) Company A paid the salaries of Company B’s
workers; (4) that over 99 percent of Company B’s business was
with Company A; and (5) Garner, a director of Company B,
may not have acted independently from Company A. Id. at 763.
  These factors are important for a court to consider, but no sin-
gle factor will determine the outcome, and a court may consider
other factors as well. Furthermore, in part because piercing the
corporate veil is “an equitable doctrine,” Ex parte Thorn, 788
So. 2d 140, 145 (Ala. 2000), there is significant flexibility in the
way it is applied. Therefore, outcomes are difficult to predict,
and a court has significant discretion in applying the factors.
  Additionally, as the cases below demonstrate, a critical find-
ing in most decisions to pierce the corporate veil is some find-
ing of misuse, in the form of fraud, corporate form abuse or
other malfeasance. A combination of elements–such as control,
under-capitalization and equities favoring piercing–may well
justify piercing, but in the absence of wrongdoing, a court will
be less inclined to pierce the corporate veil, even if a party
proves control or the equities favor piercing.

   2. Sample Alabama Cases
   Shelton v. Clements, 2002 WL 161328 (Ala. Civ. App.
   Feb. 1, 2002)–In Shelton, the court of civil appeals upheld
   the trial court’s decision to pierce the corporate veil
   because the evidence supported an alter-ego/instrumentali-
   ty theory. In reaching its conclusion, the court focused on
   evidence that the individual to whom the court attached

                                                                                                      The Alabama Lawyer            61
Southern Sash Sales & Supply Co. v. Wiley, 631 So. 2d              not only did the dominant and subservient corporations
968, 970 (Ala. 1994)–In Southern Sash, the Alabama                 share the same president and same board of directors, the
Supreme Court upheld a jury’s determination that suffi-            dominant corporation purchased goods through the name
cient evidence existed to pierce the corporate veil. The           of the defunct corporation to perform contracts, and the
lawsuit related to certain indebtedness incurred by the            dominant corporation also apparently sought to avoid pay-
“second corporation” that remained unpaid and essentially          ment of the subservient corporation’s debts while benefit-
uncollectible because the second corporation did not have          ing from the use of the goods causing the debts.
any assets. The court found the corporation that purchased
                                                                   Transamerican Properties v. Watkins, 673 So. 2d 422, 425
the second corporation was liable for the second corpora-
                                                                   (Ala. Civ. App. 1993)–The Alabama Court of Civil
tion’s debt in light of evidence that the first corporation
                                                                   Appeals upheld the trial court’s finding that sufficient evi-
took over responsibility of the second corporation’s bank
                                                                   dence existed to justify piercing the corporate veil. The
account, purchased its assets prior to plaintiffs’ effort to
                                                                   court found it was proper to attach individual liability
collect judgment and then operated the second corporation
                                                                   because one individual dominated the two corporate
in a manner virtually identical to how it had been operated
                                                                   defendants named in the action; the corporations were
before the sale.
                                                                   grossly undercapitalized, the plaintiff did not have work-
Econ Marketing, Inc. v. Leisure Am. Resorts, Inc., 664 So.         ers’ compensation insurance to cover employees and nei-
2d 869 (Ala 1994)–In Econ, the Alabama Supreme Court               ther corporation owned any assets to compensate the
reversed the trial court’s decision not to pierce the corpo-       plaintiff for his injury. In upholding the verdict, the
rate veil because there was evidence in the record to sup-         appeals court stated: “While it is true that mere undercapi-
port the conclusion that the subsidiary sought to be               talization or dominance by one person alone would not be
pierced failed to keep complete and correct records of all         enough to pierce the corporate veil, those two factors,
transactions of the corporation and minutes of meetings            when combined with the fact that the corporate form in
(including a record of a transaction between it and the par-       this case was misused and created an injustice or
ent by which the subsidiary was to provide goods and               inequitable consequences, are enough to support the trial
services to other subsidiaries of the parent), and failed to       court’s finding that Pate is personally liable to Watkins for
produce financial records regarding several relationships          workmen’s compensation benefits.”
and financial transactions between the subsidiary, the par-
ent and the sole shareholder.
Deupree v. Ruffino, 505 So. 2d 1218 (Ala. 1987)–The             Reverse Piercing
Alabama Supreme Court affirmed the trial court decision            In some instances, parties may seek to “reverse pierce.”
to pierce the corporate veil because evidence showed that       “Reverse pierce” treats the assets of the LLC as owned by the
the corporation in whose name the business had been             member in order to avoid fraud on creditors. The authors are not
transacted never issued stock, never adopted by-laws,           aware of any Alabama cases that have accepted or rejected an
failed to keep financial records, had no employees, and         attempt to “reverse pierce.” In cases outside of Alabama, courts
the dominant shareholder commingled personal and cor-           have permitted judgment creditors to pierce the corporate veil or
porate funds.                                                   “reverse pierce” the corporate veil of limited liability companies
Kwick Set Components, Inc. v. Davidson Indus., 411 So.          or partnerships where it was clear the judgment debtor was
2d 134 (Ala. 1982)–The Alabama Supreme Court affirmed           using the corporate form to evade judgment creditors. Sample
the trial court’s decision to pierce the corporate veil where   cases include:

62      January 2010
   C.F. Trust, Inc. v. First Flight LTD Partnership, 140 F.            For example, in Minnesota Mining & Mfg. Co. v. Eco Chem.,
   Supp. 2d 628 (E.D. Va. 2001)–The Virginia court permit-           Inc., 757 F.2d 1256 (CAFC 1985), venue was established under
   ted reverse piercing of the corporate veil where a judg-          an alter ego theory based on the following facts:
   ment debtor used his limited partnership interest to evade
                                                                        a. One shareholder owned 80 percent of the company stock;
   creditors. The court was persuaded by the fact that the
   debtor maintained control over the partnership and its dis-          b. Majority shareholder’s spouse possessed all of the company’s
   tributions despite official transfer of control and owner-              know-how;
   ship to another person, and the debtor siphoned business
                                                                        c. There was no meaningful board of directors’ oversight;
   assets for his own personal use and without a business
   purpose.                                                             d. Minority shareholders were not apprised of company
   In re Phillips, 139 P.3d 639 (Colo. 2006)–The court stated              operations;
   that Colorado law allows reverse piercing of the corporate
                                                                        e. Corporate formalities were ignored; and
   veil when justice requires.
   Mallard Automotive Group, Ltd. v. LeClair Management                 f. The majority shareholder and her spouse manipulated the
   Corp., 153 F. Supp. 2d 1211 (D. Nev. 2001)–The Nevada                   company assets in an effort to thwart recovery.
   court held that a party seeking to hold a corporation
                                                                       In any event, with the high cost of patent litigation, being able
   responsible for an individual’s debt under reverse piercing
                                                                     to achieve a venue advantage can be useful to a patent plaintiff.
   does not have to prove that the corporation was a sham,
   but instead only that the corporate form would perpetuate
   fraud or injustice.
   BLD Products, LTC v. Technical Plastics of Oregon, LLC,           Conclusion
   2006 WL 3628062 (D. Or. 2006)–The Oregon court                      Those who seek to pierce the corporate veil have an uphill,
   allowed the corporate veil to be pierced where assets were        but not impossible, struggle ahead of them. Indeed, not piercing
   commingled and the corporate form was disregarded.                the veil could result in a worthless judgment (or a difficult
   Litchfield Asset Management Corp. v. Howell, 799 A. 2d            patent venue). In any event, Alabama practitioners who follow
   298 (Conn. App. 2002)–The Connecticut court found the             the above guidelines may be able to show a court when too
   evidence was sufficient to disregard the corporate form           much corporate fiction is a bad thing.                        ▲▼▲
   and hold limited liability company responsible for the
   debtor’s personal debt where the debtor used company              Endnote
   funds to pay for the debtor’s personal expenses and used          1. That is not to suggest that ownership of a controlling amount, or even all, of the
   corporate funds as her own; the corporation did not pay              shares of a corporation is dispositive on a veil-piercing or alter ego analysis. On the
                                                                        contrary, courts have explained that the “fact that a party owns all or a majority of
   her a salary but paid her expenses directly; the debtor              the stock in a corporation does not alone destroy the corporate entity, nor does the
   owned 97 percent of the stock and all of the stock of the            fact that the corporation is not sufficiently capitalized alone work to defeat the cor-
   second corporation; and both companies operated outside              porate existence.” Shelton v. Clements, No. 2000851, 2002 WL 161328 at *5 (Ala.
                                                                        Civ. App. Feb. 1, 2002); see also Transamerican Properties, 673 So. 2d at 424 (cita-
   of the same office space over the debtor’s garage.                   tions omitted (same); First Health, 585 So. 2d at 1334 (“The mere fact that an individ-
   State Bank of Eden Valley v. Euerle Farms, Inc., 441                 ual or another corporation owns all or a majority of the stock of a corporation does
   N.W.2d 121 (Minn. Ct. App. 1989)–The Minnesota court                 not, of itself, destroy the separate corporate entity.”
   held the family farm was the alter ego of its occupants and
   the corporate veil was properly reverse pierced to reach
   LFC Marketing Group, Inc. v. Loomis, 8 P.3d 841 (Nev.                                          Will Hill Tankersley is a partner at Balch &
   2000)–The Nevada court listed reverse piercing cases and                                       Bingham LLP and is the senior intellectual
   found use of the doctrine was appropriate where a corpora-                                     property litigator. He founded and was the first
   tion is being used to hide assets or secretly conduct busi-                                    chair of the Alabama State Bar Section for
                                                                                                  Intellectual Property. He has over 23 years of
   ness to avoid pre-existing liability of controlling debtor.
                                                                                                  experience and holds a Master’s of Law in IP
                                                                                                  and Antitrust from New York University School

Piercing and Venue in                                                                             of Law. After college and before law school,
                                                                                                  Tankersley served as a regular Army officer in
                                                                                                  the Infantry and Special Forces.
Intellectual Property Cases
   Piercing the corporate veil is often relevant in intellectual
                                                                     Kelly Brennan is a graduate of Tulane University Law School and a part-
property (“IP”) cases, especially patent cases, for the determina-
                                                                     ner in the Birmingham office of Balch & Bingham LLP. She is a 2008
tion of venue. Specifically, 28 U.S.C. § 1400(b) provides: “Any      graduate of the Leadership Forum and serves on the Judicial Liaison and
civil action for patent infringement may be brought in the judi-     the Unauthorized Practice of Law committees. Brennan is a member of the
cial district where the defendant resides, or where the defendant    ASB Litigation Section. She concentrates her practice in the areas of secu-
has committed acts of infringement and has a regular and estab-      rities and banking law, anti-money laundering rules and regulations, UCC
lished place of business.” Accordingly, it is sometimes impor-       Articles 3 and 4, and other state and federal statutes including RICO,
tant to consider the “alter ego” of the company relative to its      FCRA, FDCPA and TILA. Brennan is a Certified Anti-Money Laundering
shareholders.                                                        Specialist (CAMS).

                                                                                                                The Alabama Lawyer                       63
64   January 2010
Oops, It Happened Again:
              Inadvertent Disclosure under
            New Federal Rule of Evidence 502
                                                     By Wayne Morse, Jr.

         ew Federal Rule of Evidence           Intentional Disclosure                           turned over. Rule 502 falls short of pro-
         502 is worthwhile reading for            In short, Rule 502 provides that a waiver     viding sufficient certainty and guidance
         courtroom lawyers because it          of privilege exists with respect to a docu-      on when “fairness” will require a subject-
changes the law regarding waiver of            ment if the party acted intentionally. Fed.      matter waiver. The advisory committee
attorney-client privilege. Rule 502 has        R. Evid. 502(a). Most important, the             notes do not add much guidance, as they
several subsections.                           inquiry into intent under Rule 502(a) con-       state only that “… a party that makes a
                                               cerns a party’s intent to waive the privilege,   selective, misleading presentation that is
   (a) defines the limited circumstances
                                               not its intention to produce a particular        unfair to the adversary opens itself to a
   under which a party’s intentional
                                               document. If a party intentionally waives        more complete and accurate presentation.”
   waiver of the attorney-client or work-
                                               the privilege attaching to a document, the       Until more case law interpretation devel-
   product protections as to one docu-
                                               Rule does not create a broader waiver of all     ops, it will be difficult for a party or its
   ment waives the protections afforded
                                               other documents and information on the           counsel to assess what documents a court
   other documents and information con-
                                               same subject, unless the non-disclosed,          might conclude “ought in fairness” to be
   cerning the same subject-matter;
                                               privileged documents “ought in fairness to       considered waived with other documents.
   (b) creates a “reasonableness” stan-        be considered” with the material that was           Suppose a party intends to waive the
   dard for identifying those instances        turned over. This codification is a change       attorney-client privilege that would other-
   when a party’s inadvertent disclosure       in the presumption of waiver. Previously,        wise protect a corporate internal investiga-
   of a document waives the protections        lawyers and judges considered an inten-          tion report. It is clear that, pursuant to Rule
   attached to that document;                  tional waiver as to a document a waiver as       502(a), production of the report would
                                               to all documents of that subject-matter. The     waive the protections afforded that report.
   (d) and (e) strongly counsel that litiga-
                                               result was often harsh, so judges tended to      What about the many other privileged doc-
   tors use court-approved confidentiality
                                               narrowly construe the subject-matter of the      uments that were created as part of prepar-
   agreements to further avoid uncertain-
                                               disclosed document.                              ing the final report? If management
   ty regarding a waiver and its conse-
                                                  The language of Rule 502(a) and the           reviewed and commented on a draft, would
   quences and to ensure that whatever
                                               advisory committee notes unambiguously           management’s comments remain privi-
   disclosures they make cannot be used
                                               provide that Rule 502’s presumption is           leged? Would management’s comments be
   by non-parties as evidence of waiver;
                                               against subject-matter waivers for even an       waived because “fairness” would dictate
   and in an important federalism devel-
                                               intentional waiver. The notes offer that         that the party receiving the report see
                                               subject-matter waivers should occur only         whether any changes were proposed and
   (f) provides that a federal court’s         in “unusual situations,” when fairness           who proposed them? Is a party making a
   determination of a party’s non-waiver       requires that the non-disclosed material be      “selective” and “misleading” disclosure if
   is binding upon a state proceeding.         considered with the material already             it provides only a final report when man-

                                                                                                         The Alabama Lawyer               65
agement was heavily involved in editing         prevent disclosure” or took “such steps to     sought return of the document and the
the drafts, such that it would be “unfair” to   prevent disclosure” or took such steps, but    volume of discovery produced.
allow production of only the final version?     failed “promptly” to take “reasonable steps       The first decision to address new Rule
   Whether the general rule of subject-         to rectify the error” once the party learned   502 and inadvertent disclosures was
matter waiver applies in cases of inadver-      an inadvertent error was made. Fed. R.         Rhoads Industries, Inc. v. Building
tent disclosure is less settled. Some courts    Evid. 502(b). Subsection (b) allows a party    Materials Corp. of America, 254 F.R.D.
have applied a broad scope of waiver,           who inadvertently disclosed a document to      216 (E.D. Pa. 2008). Rhoads involved a
even if the disclosure was not intentional.     continue to apply the privilege to that doc-   dispute over whether Rhoads’s inadver-
The District of Columbia Circuit found          ument and “claw back” the document pro-        tent disclosure of more than 800 privi-
potential subject-matter waiver where dis-      vided it acted reasonably in preventing dis-   leged documents constituted waiver.
closure of a single document was “human         closure and in rectifying the problem after    Rhoads faced motions to deem certain of
error.”1 The court noted that a waiver          it discovered that an inadvertent disclosure   privilege claims waived, contending that
“extends to all communications related to       took place. Under subsection (b), a broad      the Rhoads was careless, delayed in
the same subject-matter.”                       subject-matter waiver never occurs from        seeking return of the documents and
   Other courts have held that “[i]n a prop-    an inadvertent disclosure.                     failed to produce complete and accurate
er case of inadvertent disclosure, the waiv-       The inadvertent disclosure provisions       privilege logs. Notably, the court pointed
er should cover only the specific document      are at the heart of the cost-saving goals of   to the Advisory Committee Note to Rule
in issue.”2 In a separate decision, a court     Rule 502. The Rule codifies the majority       502, which summarizes the multi-factor
determined that “the general rule that a        judicial rule that an inadvertent disclosure   test utilized by a majority of courts.
disclosure waives not only the specific         only is a potential waiver as to the dis-         Facts the court found favoring Rhoads
communication but also the subject-matter       closed document, not as to the entire sub-     included: the purchase of a special soft-
of it in other communications is not appro-     ject-matter referred to in that document.      ware program for purposes of the litiga-
priate in the case of inadvertent disclosure    Accordingly, the potential damage to a         tion; the trial searches conducted prior to
unless it is obvious a party is attempting to   disclosing party is minimized.                 purchase of the software; the hired techni-
gain an advantage or make offensive or             The claw-back provision adds helpful        cal consultant was experienced with the
unfair use of the disclosure.”3                 guidelines for determining waiver.             Rhoads computer system; search terms uti-
                                                According to the Rule’s notes, courts are      lized; time spent reviewing documents; the
Inadvertent Disclosure                          to consider many factors: (a) the reason-      number of inadvertent disclosures in com-
  If the disclosure is inadvertent, a waiver    ableness of precautions taken; (b) the time    parison to the number of documents pro-
of privilege exists as to a document only if    taken to rectify the error; (c) the scope of   duced; Rhoads’s immediate response to
a party failed to take “reasonable steps to     discovery; (d) the number of documents         defendants’ e-mail that some potentially
                                                reviewed and the time constraints for pro-     privileged documents had been produced;
                                                duction; (e) the extent of disclosure; and     a tight discovery schedule; the invocation
                                                (f) “the overriding issue of fairness.” The    of Federal Rule of Civil Procedure
                                                notes also suggest that a party can help in    26(b)(5)(B) to have the inadvertently pro-
                                                demonstrating that its steps were reason-      duced documents sequestered; the willing-
                                                able by employing “advanced analytical         ness to produce a cleansed hard drive; and
                                                software applications and linguistic tools”    Rhoads’s general compliance with the
                                                in screening for privilege.                    three conditions of Rule 502(b).
                                                   Rule 502 was drafted to reduce the             The court in Rhoads pointed to the fol-
                                                costs of privilege reviews in discovery in     lowing facts in favor of the defendants on
                                                complex cases. Its development is also         the issue of inadvertent disclosure: the lim-
                                                an acknowledgement. Reviewing docu-            ited search terms utilized; Rhoads’s associ-
                                                ments for privileged communications is         ate attorney having no prior experience
                                                expensive, as is motion practice over          doing a privilege review; the document
                                                inadvertently disclosed documents. The         search limited to e-mail address lines as
                                                Rule seeks to address the challenges for       opposed to the e-mail body; the documents
                                                withholding attorney-client communica-         produced which should have been cap-
                                                tions where voluminous electronic docu-        tured even under Rhoads’s search terms;
                                                ments are involved. For Rule 502 to            the reliance solely on a key word search
                                                reduce costs, courts will have to be con-      for purposes of conducting privilege
                                                sistent and predictable and liberally find     review; the Rhoads’s testing of its search;
                                                that disclosures were inadvertent.             the number of inadvertently produced doc-
                                                   District courts have shown some com-        uments; the time taken by Rhoads to
                                                monality in their approaches to inadver-       review; Rhoads’s failure to provide ade-
                                                tently disclosed documents. Analyses have      quate resources for the review; the defen-
                                                been fact-intensive, and most have             dants brought the privilege error to
                                                weighed heavily the “fairness” factor enu-     Rhoads’s attention; the time taken to pro-
                                                merated in Rule 502’s notes.4 Courts also      duce a privilege log; Rhoads’s failure to
                                                tend to focus on how soon the party            offer suggestions to rectify the inadvertent

  66        January 2010
production until after many depositions           not protected by Rule 502(b), among
were taken; and the lack of rigor in              other reasons, because of the delay in
Rhoads’s privilege review.                        reclaiming the documents, and “the vol-
   In its legal analysis of inadvertent dis-      ume of Plaintiff’s discovery was not so
closure, the court took the position that the     large that the email would have been diffi-
first hurdle is to determine whether the          cult for Defendant to identify.”
producing party has “at least minimally              Uncertainties remain even under Rule
complied with the three factors stated in         502. Therefore, lawyers should craft
Rule 502(b), i.e. that the waiver was inad-       agreements regulating the effect of an
vertent, the party took reasonable steps to       intentional waiver or inadvertent disclo-
prevent disclosure, and attempted to recti-       sure and seek an order incorporating those
fy the error.” If the initial three factors are   agreements. Such provisions should be
“minimally complied with” and a dispute           included in consent protective orders
remains regarding “reasonableness,” the           which are routine in civil litigation. By
court proceeds with the traditional five-         agreement, parties may avoid any ambigu-
factor test used in earlier decisions.            ity in Rule 502 regarding inadvertent dis-
   The court found Rhoads had taken steps         closure and substitute a well-defined stan-
to prevent disclosure and to rectify its          dard. Parties may agree that no production
error; however, Rhoads’s efforts, to some         could create a subject-matter waiver, or
extent, were unreasonable. The court
applied the five-factor test, found in favor
                                                  that an inadvertently produced privileged
                                                  document may be clawed back under any
                                                                                                               A Female
of defendants as to the first four factors,
but in favor of Rhoads as to the fifth fac-
                                                  circumstances. Under Rule 502, litigants
                                                  must still proceed with caution in discov-
tor, interest of justice. Denial of the privi-    ery, be diligent in reclaiming privileged
leged documents to defendants was not             documents and seek judicially approved                         Jeanne Marie Leslie, director
prejudicial because defendants had no rea-        agreements at the incipient stages of the                   of the ASB Lawyer Assistance
sonable expectation to privileged commu-          proceeding. However, thoughtful, well-                      Program, was the guest editor for
nications. Rhoads was required to produce         informed practice under Rule 502 should                     the fall 2009 edition of Highlights
certain privileged documents due to its           help control costly electronic discovery                    newsletter, published by the
failure to timely log all of its inadvertently    and privilege reviews meant to protect
                                                                                                              American Bar Association
produced privileged documents. The court          against inadvertent disclosure.
did not analyze this issue under Rule 502,           This article originally appeared in the                  Commission on Lawyer
relying instead on Federal Rule of Civil          American Bar Association’s Pretrial                         Assistance Programs. Leslie
Procedure 26(b)(5).                               Practice & Discovery, volume 17, num-                       assembled a number of articles
   Not surprising is that courts have con-        ber 4, summer 2009. This information or                     focusing on the barriers women
sistently made a threshold determination          any portion thereof may not be copied or                    confront in addressing and
of whether the documents are indeed               disseminated in any form or by any
                                                                                                              accessing addiction treatment.
attorney-client communications. The party         means or downloaded or stored in an
claiming the privilege has the burden of          electronic database or retrieval system                     She even wrote a very frank first-
proving the document contains a commu-            without the express written consent of                      person account, “A Feminine
nication between an attorney and a client,        the American Bar Association.           ▲▼▲                 Perspective,” about her own
constituting legal advice, which was                                                                          struggle with alcohol and drugs.
intended to be and was kept as confiden-          Endnotes                                                    As she wrote, “I know beyond a
tial. The courts’ consideration of this           1. In re Sealed Case, 877 F.2d 976 (D.C.Cir. 1989).
                                                                                                              shadow of a doubt that recovery
threshold issue appears to be informed by         2. Parkway Gallery v. Kittinger/Pennsylvania H. Group,
a concern that a party is not seeking to be          116 F.R.D. 46, 52 (M.D.N.C. 1987).                       is possible. As a professional I
opportunistic and to use Rule 502(b)’s            3. Federal Deposit Ins. Corp. v. Marine Midland Realty      carry this message of recovery to
                                                     Credit Corp., 138 F.R.D. 479 (E.D.Va. 1991).
generous “fairness” factor improperly to                                                                      lawyers, judges and law students
                                                  4. See, e.g., B-Y Water District v. City of Yankton, 2008
obtain return of a document that is not              WL 5188837 (D.S.D. 2008); Reckley v. City of             suffering from alcohol addictions
privileged. In the most recent reported              Springfield, Ohio, 2008 WL 5234356 (S.D.Ohio 2008).      and other mental health disorders.
decision, Clarke v. J. P. Morgan Chase &
                                                                                                              I am truly privileged and hum-
Co., 2009 WL 970940 (S.D. N.Y. Apr. 10,
                                                                               Wayne Morse is a               bled to do this work and I am
2009), the court held that an inadvertently                                    partner at Waldrep
disclosed e-mail was not privileged. The                                                                      grateful every day to be alive.”
                                                                               Stewart & Kendrick,
e-mail, authored by an attorney, was sent                                      LLC. He specializes               If you need help or know some-
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                                                                                                                  The Alabama Lawyer            67
Reliance, the Bachelor:
           Will Experience Answer the Open
           Questions of Reasonable Reliance?
                                                 By Wilson F. Green

    “That is no excuse,” replied                   rownlow, ever the punctilious        idiocy of the controlling legal principle.
                                                   prosecutor, gave sound interpre-     Regardless of what the “rule” is, a wife
       Mr. Brownlow. “You were
                                                   tation to the facts under the con-   does not, in any semblance of reality, act
   present on the occasion of the         trolling law. Although Mr. Bumble had         under a husband’s direction. The rule of
destruction of these trinkets, and        pleaded the “Adam Defense” (it was all        law belies the teaching of experience.
indeed are the more guilty of the         Mrs. Bumble’s idea to pawn that jewelry,         I thought about poor Mr. Bumble a few
                                          so he claimed), Brownlow rejoined that        months ago. I was buying a new cell
   two, in the eye of the law; for
                                          the law supposes–one might say conclu-        phone for my wife, and renewing my
 the law supposes that your wife          sively presumes–that a wife acts under        contract, at a wireless provider’s retail
      acts under your direction.”         her husband’s direction. Mr. Bumble, at       store. After an hour’s wait, my number
                                          once outraged and confounded, then            was called, and the representative led me
   “If the law supposes that,” said       uttered his unforgettable line–“the law is    to a kiosk containing a computer termi-
                                          a[n] ass.”                                    nal (for him) and a credit card scanner
     Mr. Bumble, squeezing his hat
                                             Non-lawyers (some lawyers, too) often      and signature pad (for me). I hurriedly
 emphatically in both hands, “the         quote this mantra about the–er–darker         explained what I wanted (I was already
   law is a ass–a idiot. If that’s the    side of the law when speaking of a legal      late for a meeting). The representative
eye of the law, the law is a bache-       result which defies the perceived equities    handed me the new phone and then made
                                          of a case. What we all usually forget is      the changes to my account on his com-
  lor; and the worst I wish the law
                                          the rest of Mr. Bumble’s statement, and       puter. He explained the terms of the new
 is, that his eye may be opened by        no doubt his most significant words. For      service agreement generally–how many
        experience–by experience.”        Mr. Bumble, the law is an ignorant bach-      lines I would have, how many package
                                          elor who, having never been married,          minutes and the like–and then instructed
  Charles Dickens, Oliver Twist, Ch. 51   does not understand the otherworldly          me to sign the signature pad with the
 68       January 2010
magnetic pen. I looked down, and the          reliance law. Since Foremost Ins. Co. v.       misrepresentation is not conspicuous
blank computer signature pad had a box        Parham, 693 So. 2d 409 (Ala. 1997),            or readily apparent?
for my signature, indicating my agree-        Alabama law has revived the duty
                                                                                           • What if the plaintiff testifies that she
ment to the “Terms of Service.” The only      imposed upon fraud plaintiffs to read
                                                                                             actually read, but could not under-
problem, of course, was that I had no         their contracts. Foremost was designed to
                                                                                             stand, the controlling contractual pro-
“Terms of Service.” I was signing my          “provide a mechanism whereby the trial
new contract, though I had been provided      court c[ould] enter a judgment as a mat-
no contract at all. Eager to leave, I         ter of law in a fraud case where the         • What if there is ambiguity in the con-
signed, grabbed the goods and rushed to       undisputed evidence indicates that the         trolling contractual provision?
my car.                                       party or parties claiming fraud in a par-
                                                                                           • What if the writing which allegedly
  As I fractured a few traffic laws dash-     ticular transaction were fully capable of
                                                                                             contradicts the oral misrepresentation
ing down Highway 82, I began to think         reading and understanding their docu-
                                                                                             is outside the controlling contract–even
about what I had done. I entered into a       ments but nonetheless made a deliberate
                                                                                             if the writing is conspicuous, under-
contract without knowing all–for that         decision to ignore written contract
                                                                                             standable and unambiguous?
matter, any–of its terms. I began asking      terms.” Foremost, 693 So. 2d at 421.
myself questions:                                To my point, then, which is to examine    If any of these conditions are not met,
                                              some (though not all)1 of the unanswered     the question of reasonableness may be
• Did I sign an arbitration agreement?
                                              questions of “reasonable reliance” law       one for the fact-finder, even under the
  (Wait, that’s not a question.)
                                              remaining after almost 13 years of           existing post-Foremost law.
• Did the representative get the service      Foremost–and in the process, to attempt
  package that I requested?                   to synthesize most of the cases dealing
                                              with reasonable reliance issues. With Mr.    1. What to do with
• Am I obligated to pay an activation fee
  on the new phone?
                                              Bumble, we hope that experience–experi-      the inconspicuous
                                              ence which largely comes from devel-         contradiction?
• What about termination fees?                oped fact patterns in future cases–can          Looking over the post-Foremost cases,
                                              teach some valuable lessons in reaching      it is striking that virtually every post-
• What terms don’t I know about?
                                              sound resolutions to those still-unan-       Foremost case has involved a conspicu-
I asked more questions of myself than in      swered questions, which are more plenti-     ous written disclosure which flatly, and
the Talking Heads’ song “Once in a            ful that one might suppose.                  admittedly, contradicted the oral misrep-
Lifetime”–but it included the last ques-
                                                                                           resentation. This is particularly true for
tion from that song: “WHAT HAVE I
                                                                                           the “four horsemen” of universal life
   This, of course, brings us to reasonable
                                              Four                                         insurance cases: Alfa Life Ins. Co. v.
                                                                                           Green, 881 So. 2d 987 (Ala. 2003);
reliance. The fraud law in Alabama
would say that I acted irresponsibly, even    Unanswered                                   Liberty National Life Ins. Co. v. Ingram,
                                                                                           887 So. 2d 224 (Ala. 2004); Baker v.
heedlessly, in signing a contract without
reading its terms. Perhaps that’s so          Questions                                    Metropolitan Life Ins. Co., 907 So. 2d
                                                                                           419 (Ala. 2005); and AmerUS Life Ins.
                                                                                           Co. v. Smith, 5 So. 2d 1200 (Ala. 2008).
(though I would protest that I should not        Foremost and its progeny establish that
be held to a document that I never even                                                    In AmerUS and the other universal life
                                              a fraud plaintiff cannot reasonably rely
received). Mr. Bumble would defend me,                                                     insurance cases, the writings plainly and
                                              on an oral statement which is contradict-
however, arguing that the law has never                                                    clearly disclosed that the scheduled pre-
                                              ed by a conspicuous, understandable,
experienced waiting in a cell phone store                                                  miums might not be sufficient in future
                                              unambiguous, contractual writing. Thus,
for an hour, or being late for a meeting.                                                  years, and that future premiums might
                                              in virtually all of the post-Foremost
Indeed, one could argue that no one with                                                   need to be increased to maintain insur-
                                              cases, including the most recent deci-
experience would adopt such a rule of                                                      ance coverages. The court has never, so
                                              sions in AmerUS Life Ins. Co. v. Smith, 5
law. Have you actually read your cell                                                      far as my review has revealed, faced an
                                              So. 3d 1200 (Ala. 2008) and Cook’s Pest
phone contract? How about your home                                                        argument that a written disclosure was
                                              Control, Inc. v. Rebar, 2009 WL 418074
or car insurance policy? How about your                                                    not conspicuous, though arguably (or
                                              (Ala. Feb. 20, 2009), all four features of
credit card terms and conditions? (If you                                                  even admittedly) contradictory, and that
                                              the contradictory writing–conspicuous,
answered all of these “yes,” you’re                                                        its lack of obviousness in the contradic-
                                              understandable, unambiguous and con-
lying.) And it doesn’t stop with everyday                                                  tion between the writing and the oral mis-
                                              tractual–were either present or, at least,
contracts, either. How many of you have                                                    representation should render the question
                                              not seriously contested. Our supreme
counseled corporate clients–sophisticated                                                  of reasonableness one for the fact-finder.
                                              court has not definitively answered
businesspeople–concerning their rights                                                        Consider an example. Suppose that the
                                              whether judgment as a matter of law is
under a contract which they tell you they                                                  document in issue is lengthy or complex.
                                              appropriate as to reasonable reliance
have never read? I have, and many times.                                                   The oral misrepresentation pertains to a
                                              when one (or more) of those four condi-
   Although experience would suggest a                                                     contract term appearing well into the doc-
                                              tions is not present:
different rule, my point is neither to                                                     ument, but that the controlling contract
revisit nor to question the “duty to read”    • What if the portion of the writing         term’s operation depends upon other inter-
principle under-girding reasonable              which contradicts the alleged oral         play with other sections of the contract
                                                                                                   The Alabama Lawyer             69
                                                      (such as definitions), thus requiring the      Foremost. In Ex parte Alabama Farmers
                                                      reader to cross-reference multiple times to    Cooperative, Inc., 911 So. 2d 696 (Ala.
                                                      ascertain the meaning of the controlling       2004), AFC hired PriceWaterhouse
                                                      contract terms. Or, perhaps, the control-      Coopers LLP (“PWC”) to perform an
                                                      ling contractual provision requires the        internal audit to assess AFC’s liability
                                                      reader to perform one or more mathemati-       under certain long-term leases (which
                                                      cal calculations to determine the financial    were presumably in AFC’s possession),
                                                      impact (in, for example, an annuity con-       which were entered into by a high-rank-
                                                      tract containing a formula for calculating     ing AFC officer who had committed
                                                      an early termination charge). Even with a      malfeasance. PWC issued an audit report
                                                      relatively sophisticated reader, decipher-     opining that AFC had no obligations,
                                                      ing the meaning of such a contract term        even though PWC never reviewed the
                                                      might prove challenging, and actually cal-     underlying leases. AFC relied on the
                                                      culating the financial impact from a for-      report, though a review of the underlying
                                                      mula might be impossible or, at the very       leases (again, presumably in AFC’s pos-
                                                      least, might require considerable expertise    session) would have indicated otherwise.
                                                      beyond the average ken. In the end, the        The court held that AFC could reason-
                                                      contract does not contain a clear and con-     ably rely on the audit report itself, partic-
                                                      cise refutation of the oral misrepresenta-     ularly since PWC was being hired to
                                                      tion, as has been the case in prior reason-    assess the underlying leases themselves.
                                                      able-reliance decisions.                          Admittedly, both Seabol and AFC
                                                         There is some post-Foremost precedent       addressed statute of limitation questions,
                                                      suggesting that the question of reason-        rather than substantive reasonable reliance
                                                      ableness in such circumstances might be        questions. As discussed under question 3,
                                                      one of disputed fact. First, in Ex parte       the conflation of reasonable reliance prin-
                                                      Seabol, (Ala. 2000), the supreme court         ciples and the discovery rule in fraud’s
                                                      established an exception to the applica-       limitations period has created some confu-
                                                      tion of Foremost for what might be             sion in reasonable reliance law. It is also
                                                      called “complex transactions.” The plain-      noteworthy that in AmerUS Life Ins. Co. v.
                                                      tiff in Seabol was a real estate profes-       Smith, 5 So. 3d 1200, 1215 (Ala. 2008),
                                                      sional, claiming fraud in connection with      the court implicitly rejected the plaintiff’s
                                                      the scope of a mortgage on property.           effort at making a “complex transaction”
                                                      Given the plaintiff’s expertise in real        counterargument to the defendant’s unrea-
CONSTRUCTION                                          estate, one would have assumed a more          sonable reliance position. However, the
& ENGINEERING                                         stringent test for reasonableness, since       court in AmerUS specifically noted that
                                                      the plaintiff unmistakably had possession      the plaintiff’s evidence of complexity was
   EXPERTS                                            of the mortgage documents, and since           insufficiently specific to create an issue of
  Forensic engineering and investigative              those documents spelled out clearly what       fact regarding reasonableness. Thus, for
inspection work for Commercial buildings,             property was encumbered, and what              now, Seabol and AFC could support a
    Residential, & Industrial facilities.
                                                      debts the mortgage secured. But the            “complex transaction” exception to
■ Construction delay damages                          court, finding the transaction one in          Foremost in a manner not inconsistent
■ Construction defects                                which the documents were “not so easily        with AmerUS, so long as the complexity
                                                      understood,” held that an exception to         infected the specific matter made the basis
■ Structural issues
                                                      Foremost applied.                              of the oral representation.
■ Foundations, settlement
                                                         The court has never developed the con-
■ Stucco & EIFS                                       tours of Seabol, except to discuss its facts   2. What if plaintiff actually
■ Toxic Sheetrock & Drywall                           and holding, without altering its scope, in
■ Electrical issues                                   two subsequent cases, Potter v. First Real
                                                                                                     tried to read the docu-
■ Plumbing & Piping Problems                          Estate Co., 844 So. 2d 540 (Ala. 2002),        ment, but did not under-
■ Air Conditioning Systems                            and Gilmore v. M & B Realty Co., LLC,          stand the contradiction?
■ Fire & Explosion Assessments
                                                      895 So. 2d 200 (Ala. 2004). But if (as in         Post-Foremost decisions, almost with-
                                                      Seabol) a real estate professional can         out exception, have involved plaintiffs
■ Roofing problems
                                                      claim that a real estate transaction, with     who admittedly did not read their docu-
■ Flooding & Retention Ponds
                                                      which he should be uniquely familiar, is       ments. Indeed, the animating principle
■ Engineering Standard of Care issues                 sufficiently complex as to warrant a           behind the re-adoption of “reasonable
■ Radio & Television Towers                           Foremost exception, such would suggest         reliance” in Foremost was the court’s
Contact: Hal K. Cain, Principal Engineer
                                                      a broader scope of application.                stated desire to jettison the automatic
 Cain and Associates Engineers & Constructors, Inc.      One other case merits mention as pos-       denial of summary judgment commanded •
                                                      sibly creating a “complex transaction” or      under justifiable-reliance law, in situa-
     251.473.7781 • 251.689.8975
                                                      other exception to the operation of            tions where the plaintiffs never read clear

 70         January 2010
documents, and instead blindly trusted                                                          with Foremost. Indeed, the court in
the oral representations to the contrary.                                                       Foremost specifically contemplated that
Where plaintiffs “were fully capable of                                                         the fact-finder would consider “the issue
reading and understanding their docu-                                                           of reliance based on all of the circum-
ments but nonetheless made a deliberate             However, the cases have                     stances surrounding a transaction, includ-
decision to ignore written contract                                                             ing the mental capacity, educational
terms[,]” reliance on oral representations              not considered, or                      background, relative sophistication, and
is inherently unreasonable. Foremost,                answered definitively,                     bargaining power of the parties.”
693 So. 2d at 421.                                                                              Foremost, 693 So. 2d at 421. Mental
   Thus, facing a plaintiff who admittedly
                                                       what happens if the                      capacity would, one assumes, encompass
did not read her documents, the supreme             plaintiff testifies that she                subjective understanding. Finally, recog-
court in post-Foremost cases has looked             actually tried to read the                  nizing a fact issue under these conditions
for one of two additional facts, or fac-                                                        would not undermine the policy,
tors, to determine the reliance issue.                 documents, but for                       espoused in Foremost, that parties read
First, in many post-Foremost cases, the               some reason failed in                     their contracts, because in this hypotheti-
plaintiff has admitted both that she did                                                        cal situation, the plaintiff would have
not read and that, if she had read the doc-
                                                    subjectively understand-                    read her contract. Thus, the plaintiff
uments, she would have understood the                 ing the contradiction                     would have discharged her duty to read.
truth. In those cases, judgment as a mat-              between the written
ter of law has been uniformly granted (a
la the universal life cases). Alternatively,         document and the oral                      3. What if the writing is
if there is no record evidence from plain-              misrepresentation.                      ambiguous?
tiff that she would have understood if she                                                         Foremost and its progeny have dealt
had read the document (or sometimes, in                                                         with unambiguous writings which unmis-
addition to such evidence), the court has                                                       takably, or admittedly, contradict the
then examined the relative sophistication                                                       alleged oral misrepresentation. No case
of the plaintiff, in order to determine                                                         of which I am aware has ever found a
whether the circumstantial evidence indi-                                                       summary judgment issue based on the
cates that she would have understood the         to read or understand the documents, but       “contradictory document” rule of reason-
documents if she had read them.                  for some reason failed in subjectively         able reliance, where the controlling docu-
   However, the cases have not consid-           apprehending the contradiction between         ment was ambiguous, or in any way
ered, or answered definitively, what hap-        the writing and the oral representation.       unclear, on the particular point made the
pens if the plaintiff testifies that she actu-   On the one hand, the plaintiff will have       basis of the fraud claim.
ally tried to read the documents, but for        stated that she tried to read but failed to       Logic would say, of course, that a jury
some reason failed in subjectively under-        understand, and under such circum-             question is present if there is some ques-
standing the contradiction between the           stances, the plaintiff has discharged her      tion as to what the pertinent provisions
written document and the oral misrepre-          Foremost duty to read. On the other hand,      of the controlling writing mean.
sentation. One case tangentially related         there may be circumstantial indicia, or        However, there is some language in
to the point is Gilmore v. M&B Realty            markers, that plaintiff could have under-      AmerUS Life Ins. Co. v. Smith, 5 So. 3d
Co., LLC, 895 So. 2d 200 (Ala. 2004), in         stood the contradiction. Perhaps the plain-    1200 (Ala. 2008), which could be used
which plaintiffs claimed that they intend-       tiff is college-educated, or has experience    by a fraud defendant to argue that even
ed to buy the house they had been                in business affairs–or perhaps the plaintiff   an ambiguous document triggers “inquiry
shown, but the closing documents                 understands the contradiction while sit-       notice,” and that if the plaintiff makes no
showed they were buying a different              ting in a deposition, but for whatever rea-    further inquiry in the face of an ambigu-
house. The court held that the issue of          son did not understand the contradiction       ous writing, the defendant could argue
reasonable reliance was one of fact,             at the time she initially read the docu-       that it is still entitled to judgment as a
because the plaintiffs were first-time           ment. Regardless, the question of reason-      matter of law. Such was not the issue in
home buyers and therefore were not as            ableness in such circumstances would           AmerUS, because the documents in
familiar with transactional documents,           quite possibly be for the jury, in that the    AmerUS were admittedly unambiguous
even though the closing documents                plaintiff’s subjective failure to understand   on the seminal question. Moreover, such
showed clearly that they were buying a           the contradiction would be purely an           a broad reading of “inquiry notice”
different house than they were shown.            issue of the plaintiff’s credibility, a        would likely be a substantial departure
Thus, plaintiffs’ status as first-time home      uniquely factual determination.                from the first principles of Foremost.
buyers proved critical to their creating a          Obviously, the development of an evi-          The problem of how far “inquiry
fact issue as to their “subjective under-        dentiary record will prove critical to fur-    notice” goes is rooted in the intermin-
standing” of the transaction. The circum-        ther development of reasonable reliance        gling of discovery-rule statute of limita-
stantial “markers” of sophistication, in         law in this area. As a general proposition,    tions and substantive reasonable reliance
other words, created a fact issue.               however, we can say that to allow for a        principles, the genesis of which is in
   A fact dispute would probably exist if        jury question under these circumstances        Foremost itself. Though we often forget
the plaintiff can demonstrate that she tried     would not necessarily be inconsistent          it, it is significant that Foremost was

                                                                                                        The Alabama Lawyer            71
actually more a statute of limitations case   sufficient to trigger the running of the         the cost-benefit statement should have
than a reliance case. The Foremost plain-     statute of limitations.                          provoked inquiry or a simple investi-
tiffs, who sued more than two years after        AmerUS Life Ins. Co. v. Smith, 5 So.          gation of the facts by [plaintiff.]
receiving their contract documents, testi-    2d 1200 (Ala. 2008), contains language,          . . . .
fied that they did not read their docu-       though arguably dicta, which could be
ments, but admitted that if they had done     read to extend the concept of “inquiry           Moreover, the testimony . . . does not
so, they would have known the truth.          notice” beyond the statute-of-limitations        resolve the issue whether, as a matter
Though the court returned to the “reason-     world, and into the substantive proof of         of law, a reasonable person, upon
able reliance” standard for proof of sub-     reasonable reliance. Like the other uni-         reading the entire policy and the cost-
stantive fraud, the primary issue was         versal life cases, the plaintiff in AmerUS       benefit statement, would be put on
whether the plaintiffs’ receipt of the doc-   admitted that he did not read his docu-          inquiry as to the consistency of those
uments, coupled with their admission          ments. The documents, moreover, clearly          documents with the previous represen-
that had they read the documents they         contradicted the alleged oral statements.        tations by [the agent]. Of course, if so,
would have understood the truth, trig-        Though the court likely could have               that person is then charged with
gered the running of the statute of limita-   stopped its analysis right there, the court      knowledge of all of the information
tions under the discovery rule. In other      proceeded, stating that the receipt of doc-      that the inquiry would have produced.
words, the issue was whether a reason-        uments contradicting the oral representa-        We conclude that no reasonable per-
able person in the plaintiffs’ position       tion actually triggered a duty to inquire:       son could read the policies and the
should have discovered the fraud.                                                              cost-benefit statement and not be put
                                                 In light of the language of the docu-         on inquiry as to the existence of
   Four years after Foremost, in Auto-
                                                 ments surrounding the insureds’ pur-          inconsistencies, thereby making
Owners Ins. Co. v. Abston, 822 So. 2d
                                                 chase of the life-insurance policies at       reliance on [the agent’s] representa-
1187, 1195 (Ala. 2001), the court accen-
                                                 issue in this case and the conflict           tions unreasonable as a matter of law.
tuated this aspect of the Foremost hold-
                                                 between [the agent’s] alleged misrep-
ing, stating that “[u]nder Foremost, the                                                    AmerUS, 5 So. 3d at 1215-16 (citations
                                                 resentations and the documents pre-
limitations period begins to run when the                                                   omitted). Thus, under AmerUS, a plaintiff
                                                 sented to [plaintiff], it cannot be said
plaintiff was privy to facts which would                                                    who receives an unambiguous document
                                                 that [plaintiff] reasonably relied on
‘provoke inquiry in the mind of a [per-                                                     which flatly contradicts an oral represen-
                                                 [the agent’s] representations. As this
son] of reasonable prudence and which,                                                      tation (a) has a duty to read the document,
                                                 court stated in Torres [v. State Farm
if followed up, would have led to the dis-                                                  and (b) upon apprehension of the incon-
                                                 Fire & Cas. Co., 438 So. 2d 757 (Ala.
covery of the fraud.’” The court quoted                                                     sistency between the writing and the oral
                                                 1983)]: “[T]he right of reliance comes
Wilcutt v. Union Oil Co., 432 So. 2d                                                        statement, has a duty to inquire further.
                                                 with a concomitant duty on the part of
1217, 1219 (Ala. 1983), a pre-Foremost
                                                 the plaintiffs to exercise some meas-         The court’s treatment of the “inquiry
case, in support of this iteration of the
                                                 ure of precaution to safeguard their       notice” concept has not, however, been
statute-of-limitations standard. Thus,
                                                 interests.” 438 So. 2d at 759. The         entirely consistent. Within the past year,
Abston explicitly and pointedly reintro-
                                                 insureds here took no precautions to       the court may have (unintentionally)
duced to the post-Foremost world the
                                                 safeguard their interests. If nothing      revived a pre-Foremost iteration of
concept of “inquiry notice” as being
                                                 else, the language in the policies and     statute of limitations principles in fraud,
                                                                                            which, in turn, would eradicate “inquiry
                                                                                            notice.” In Jones v. Alfa Mut. Ins. Co., 1
                                                                                            So. 3d 23 (Ala. 2008), Alfa argued that
                                                                                            the statute of limitations had expired on a
                                                                                            bad-faith claim, and in support of that
                                                                                            argument analogized to the fraud statute
                                                                                            of limitations. The court’s treatment of
                                                                                            that issue could be read to endorse an
                                                                                            “actual knowledge,” pre-Foremost stan-
                                                                                            dard for triggering the limitations period:
                                                                                               Alfa notes that this court has previously
                                                                                               held that “‘fraud is discoverable as a
                                                                                               matter of law for purposes of the statute
                                                                                               of limitations when one receives docu-
                                                                                               ments which would put one on notice
                                                                                               that the fraud reasonably should be dis-
                                                                                               covered.’” Kelly v. Connecticut Mut.
                                                                                               Life Ins. Co., 628 So. 2d 454, 458 (Ala.
                                                                                               1993) (quoting Hickox v. Stover, 551
                                                                                               So. 2d 259, 262 (Ala. 1989), overruled

  72       January 2010
   on other grounds, Foremost Ins. Co. v.      alleged oral misrepresentation. What to        the contract, even those provided by the
   Parham, 693 So. 2d 409 (Ala. 1997)).        do with Jones, finally, is a “puzzlement”      defendant, if those documents are in fact
   The sentence immediately preceding          (as the King of Siam would say).               outside the contract. Thus, the inconsis-
   the above-quoted sentence from Kelly,                                                      tency: a party cannot have a duty to read
   however, states: “‘The question of          4. What if the contradicto-                    a document that, as a matter of law, the
   when a plaintiff should have discov-                                                       party cannot reasonably rely upon.
   ered fraud should be taken away
                                               ry writing is outside the                         The analysis is even more burdened,
   from the jury and decided as a mat-         contract?                                      moreover, if the controlling contract con-
   ter of law only in cases where the             Several post-Foremost cases have            tains a merger or integration clause. If
   plaintiff actually knew of facts that       inconsistently applied Foremost principles     the contract is intended to be full and
   would have put a reasonable person          to documents outside the contract. On the      complete expressions of the parties’
   on notice of fraud.’” 628 So. 2d at 458     one hand, several of the universal life        agreement, then any writing outside the
   (quoting Hicks v. Globe Life & Acc. Ins.    insurance cases, notably both AmerUS           contract is parol evidence–in the same
   Co., 584 So. 2d 458, 463 (Ala. 1991),       and Baker v. Metropolitan Life Ins. Co.,       way that any oral representations
   overruled on other grounds, Foremost        907 So. 2d 419 (Ala. 2005), appear to          (whether or not they are contradicted by
   Ins. Co., supra); see also Gilmore v. M     involve a mixture of contractual docu-         the extra-contractual writing) are parol
   & B Realty Co., 895 So. 2d 200, 210         ments and non-contractual disclosures or       evidence. In that event, it would seem
   (Ala. 2004) (“‘“[t]he question of when a    schedules, which separately and severally      that the oral representation and the extra-
   party discovered or should have discov-     clearly contradicted the oral representa-      contractual writing would be on even
   ered fraud is generally one for the         tions. However, in neither of these cases      footing–both are parol evidence, and nei-
   jury”’”) (quoting Ex parte Seabol, 782      did the plaintiff argue that the non-con-      ther is dispositive as to the reasonable
   So. 2d 212, 216 (Ala. 2000).                tractual documents should not be consid-       reliance question. The parol-evidence
                                               ered on the reliance issue, because those      status of extra-contractual writings, in the
Jones, 1 So. 3d at 31 (emphasis added).        documents were not contractual in              end, may definitively relegate reliance
The bold-faced language was the lan-           nature, and therefore not binding on the       questions to the fact-finder.
guage rejected in Foremost, language           parties.
which obviated any inquiry requirement.           Interestingly, however, a plaintiff has
While the court in Jones might have            been barred from placing any reasonable
                                                                                                 As its 13-year age and teenage status
intended only to point out a case of per-      reliance on non-contractual written repre-
                                                                                              would suggest, reasonable reliance law is
ceived selective quotation on the part of      sentations, on the basis that only the
                                                                                              a bachelor of limited experience. To Mr.
the arguing litigant (Alfa), the court did     underlying contracts could be reasonably
                                                                                              Bumble’s delight, the experience of addi-
not explicitly disclaim the accuracy of        relied upon. In Alabama Elec. Coop.,
                                                                                              tional cases and fact patterns will
the substantive legal principle.               Inc. v. Bailey’s Construction Co., Inc.,
                                                                                              undoubtedly lead to a more robust, and
  So where does all of this leave us? If a     950 So. 2d 280 (Ala. 2006), Bailey’s
                                                                                              more nuanced, maturity.              ▲▼▲
plaintiff relies on an oral representation     delivered an insurance certificate to AEC
and then is presented with an ambiguous,       indicating that AEC was listed as an
unclear or complex document, does              additional insured on Bailey’s insurance       Endnote
                                                                                              1. This article does not address, for example, the scope
“inquiry notice” compel the plaintiff to       policies. The certificate, however, stated        and (perhaps shifting) contours of the “special rela-
ask more questions? Or, on the other           that it was issued for information purpos-        tionship” exception established in Potter v. First Real
hand, is the duty to inquire triggered only    es only and conferred no rights upon the          Estate Co., Inc., 844 So. 2d 540 (Ala. 2002), as dis-
                                                                                                 cussed at length in AmerUS Life Ins. Co. v. Smith, 5
where the plaintiff receives an oral repre-    certificate holder, and that the certificate      So. 3d 1200 (Ala. 2008).
sentation, then is delivered a document        did not amend, extend or alter the cover-
which flatly, plainly and palpably contra-     age under the policy. AEC did not obtain
dicts the oral representation? Certainly,      copies of the underlying policies. The         Wilson F. Green is a partner at Battle
no Alabama case has held that a duty to        court held that AEC could not reasonably       Fleenor Green Winn & Clemmer LLP in
inquire was triggered upon receipt of a        rely upon the certificate, which was out-      Tuscaloosa. He is a graduate of the
document which was unclear or ambigu-          side the policy contracts, when the            University of Alabama School of Law and
ous on the subject matter of the oral rep-     underlying policies did not confer addi-       served as law clerk to the Hon. Robert B.
resentation. As a matter of policy, a rule     tional insured coverage.                       Propst, United States District Court for the
which would require a plaintiff faced             This presents somewhat of a conun-          Northern District of Alabama. His practice
with an ambiguous document to inquire          drum. One possible reading (a broad one)       has been primarily in the areas of complex
further, after receiving a clear oral repre-   of the universal life cases is that, under     business litigation and class actions, includ-
sentation, would actually encourage the        the Foremost rule, the plaintiff has a duty    ing antitrust. Green is a member of The
drafting of deliberately ambiguous writ-       to read documents outside the contract,        Alabama Lawyer Board of Editors and a
ings–hardly a desirable outcome.               and if those extra-contractual writings        2007 graduate of the Leadership Forum. He
Moreover, on its facts, AmerUS supports        contradict the oral representations, there     is an adjunct professor at the University of
only the proposition that the duty to          is no reasonable reliance. On the other        Alabama School of Law, where he teaches
inquire is triggered upon the receipt of an    hand, AEC holds that the plaintiff cannot      class actions, complex litigation, damages
unambiguous document contradicting the         reasonably rely upon documents outside         and arbitration.

                                                                                                         The Alabama Lawyer                       73
                  Twombly and Iqbal:
 The Effect of the “Plausibility” Pleading Standard on Alabama Litigators
                                    By J. Thomas Richie and Anna Manasco Dionne

Introduction                                                              pleader is entitled to relief.” For more than 50 years, Conley v.
   Two Rule 8s currently apply in courts in Alabama. On the face          Gibson established the authoritative construction of Rule 8. 355
of things, they are indistinguishable. Federal Rule of Civil              U.S. 41, 45–46 (1957). In an opinion by Justice Black, the Court
Procedure 8 and Alabama Rule of Civil Procedure 8 contain iden-           described as “accepted” the “rule that a complaint should not be
tical language defining pleading standards in a complaint: both           dismissed unless it appears beyond doubt that the plaintiff can
require “a short and plain statement of the claim showing that the        prove no set of facts in support of his claim that would entitle him
pleader is entitled to relief.” Compare ALA. R. CIV. P. 8(a) with         to relief.” Id. Although Conley’s complaint that his union breached
FED. R. CIV. P. 8(a)(2). Don’t let the identical language fool you.       its statutory duty to represent all its members “failed to set forth
   The United States Supreme Court recently decided two cases             specific facts to support its general allegations,” the Court reversed
that fundamentally changed the vocabulary, and the reality, of            the dismissal of the complaint because the Federal Rules “do not
notice pleading. These cases–Bell Atlantic Corp. v. Twombly,              require a claimant to set out in detail the facts upon which he bases
550 U.S. 544 (2007), and Ashcroft v. Iqbal, 129 S. Ct. 1937               his claim[,]” and require only that the plaintiff “give the defendant
(2009)–impose a higher burden on plaintiffs’ pleadings, a bur-            fair notice of what the . . . claim is and the grounds upon which it
den of “plausibility” instead of mere “possibility.” As a result,         rests.” Id. at 47. Courts interpreted Conley to suggest that a plain-
defendants in federal court have enjoyed increased success in             tiff’s claim must be dismissed only when his inability to prove any
having claims dismissed before discovery begins.                          set of facts to support it is apparent from the face of the pleading;
   This change has not yet spread to Alabama’s state courts. Despite      in effect, Conley established a “possibility” standard.
the identical language and Alabama’s established preference for              The Court revisited this rule in Twombly, holding that a com-
construing its rules of procedure in line with the federal rules, the     plaint cannot survive a motion to dismiss unless it contains
court of civil appeals has twice declined to adopt the Twombly stan-      “enough facts to state a claim to relief that is plausible on its face.”
dard, waiting for the authoritative word from the Alabama Supreme         550 U.S. 544, 570 (emphasis added). The Court made clear that a
Court. For now, the Alabama and federal rules are diverging.              claim that is merely “conceivable” is insufficient. In an opinion
   This article first examines Twombly and Iqbal to determine exact-      joined by seven justices, the Court reiterated that Rule 8 does not
ly what notice-pleading standard a plaintiff in federal court must sat-   require that “a claimant set out in detail the facts upon which he
isfy. Second, it highlights how this new federal standard differs from    bases his claim,” but nevertheless requires some specificity: “[it]
the Alabama pleading standard. Third, it explores two important           still requires a showing, rather than a blanket assertion, of entitle-
areas of law where the divergent notice pleading standards are par-       ment to relief.” Id. at 556 n.3. The Court stated that “a formulaic
ticularly important for practitioners. Finally, it evaluates the          recitation of the elements of a cause of action will not do” and that
prospects of Twombly and Iqbal reaching Alabama state courts.             “a legal conclusion couched as a factual obligation” is not entitled
                                                                          to a presumption of truth against a motion to dismiss. Id. at 555.
                                                                          Because the complaint of the consumer class that the telephone
Twombly and Iqbal                                                         service providers illegally conspired to restrain trade did not state
   Federal Rule of Civil Procedure 8 requires that a complaint con-       enough factual matter to establish an unlawful agreement, the
tain “a short and plain statement of the claim showing that the           Court ruled that the complaint must be dismissed.
                                                                                                            The Alabama Lawyer               75
   Although Twombly made waves when it was decided, its sig-                The “well-settled” standard adopted by the Alabama Supreme
nificance was not immediately certain. For one, Twombly                  Court comes from Bowling v. Pow, 301 So. 2d 55 (Ala. 1973),
involved allegations of a conspiracy under the Sherman Act: the          in which the court adopted the Conley “no set of facts” rule. So,
Court’s decision could have been cabined to similarly-complex            as matters now stand, Alabama continues to apply the standard
statutory schemes far removed from the daily practice of many            that the United States Supreme Court has rejected.
lawyers. Moreover, the syntactic complexity of the Twombly                  Alabama’s standard is materially broader than the federal
opinion–it is almost impossible to find a quotation that articu-         standard. Indeed, the Alabama Supreme Court has described the
lates a precise pleading standard–made the interpretive task             pleading standard it applies as “the overly broad non-require-
more difficult. How can Twombly change notice pleading if we             ment[ ] of Rule 8.” Davis v. Marshall, 404 So. 2d 642, 645
cannot be sure exactly what Twombly means?                               (Ala. 1981) (dismissing a claim that alleged that the plaintiff
   Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009), put these questions to      was harmed when the defendants committed an “indictable
rest. In Iqbal, the Court stated that Rule 8 does not require            offense”). Not only does Alabama apply the “no-set-of-facts”
“detailed factual allegations, but it demands more than an               test, but it also allows plaintiffs to plead legal conclusions. See,
unadorned, the-defendant-unlawfully-harmed-me accusation.” Id.           e.g., Mitchell v. Mitchell, 506 So. 2d 1009, 1010 (Ala. Civ. App.
at 1949. “The plausibility standard is not akin to a probability         1987) (allowing the pleading of legal conclusions so long as
requirement, but it asks for more than a sheer possibility that a        they put the defendant on notice of the claim). Pleading legal
defendant has acted unlawfully.” Id. The Court clarified that its        conclusions at a high level of abstraction is also acceptable. In
construction did not preclude “extravagantly fanciful” allegations       Knight v. Burns, Kirkley & Williams Constr. Co., Inc., 331 So.
by foreclosing “conclusory” ones. Id. at 1951. The Court articulat-      2d 651 (Ala. 1976), the court held a complaint that alleged that
ed the plausibility standard this way: “A claim has facial plausibili-   the defendant negligently caused the plaintiff’s death was suffi-
ty when the plaintiff pleads factual content that allows the court to    cient to pass Rule 8 muster, even though the complaint did not
draw the reasonable inference that the defendant is liable for the       allege what duty the defendant breached. Id. at 655.
misconduct alleged.” Id. at 1949 (emphasis added). Iqbal then               The Alabama Supreme Court has observed that including too
goes one step further, allowing federal courts to consider alterna-      much detail in a complaint may make it easier for a court to dis-
tive inferences that can be drawn from the factual allegations and       miss the complaint. See Fugazzoto v. Brookwood One, 325 So.
determining the plausibility of the plaintiff’s claims against the       2d 161, 162-63 (Ala. 1976). In Fugazzoto, the court affirmed
backdrop of these other inferences. See id. at 1951-52. Because          the dismissal of a complaint where the plaintiff had not only
Iqbal’s complaint stated a conclusory allegation that the former         alleged that the defendant’s activity would cause a “substantial
Attorney General was a “principal architect” of a policy decision        invasion” of the plaintiff’s property rights, but also alleged
to subject him to harsh conditions on the basis of discriminatory        exactly what form that substantial invasion would take. See id.
factors, and because Iqbal had not alleged facts that made his theo-     Because the specific form of harm alleged–increased
ry that the government harmed him plausible in light of the              traffic–could not support a claim for relief, the court affirmed
innocuous inferences that could be drawn from the same facts, the        the dismissal. Id. The court’s opinion leaves the distinct impres-
Court ruled that the complaint had to be dismissed. See id.              sion that the plaintiff might have prevailed had he limited his
   In short, Iqbal articulates a plausibility rule that applies in       complaint to a general “the defendant will cause a substantial
every case. It also made clear that federal courts can engage            invasion of my property rights” allegation.
their “judicial experience and common sense” to weigh whether               Therein lies the dilemma. Federal courts will dismiss a com-
the non-conclusory facts alleged in the complaint establish a            plaint that merely alleges “you harmed me,” but Alabama courts
plausible claim for relief, given that more probable explanations        implicitly encourage such pleading. Not only do federal and
may exist. Id. at 1950, 1951. (For good measure, the Eleventh            state courts apply different standards, they encourage opposite
Circuit’s opinion in Sinaltrainal v. Coca-Cola Co., 578 F.3d             strategies. State complaints should be short and should lean on
1252 (11th Cir. 2009), lays out how the plausibility standard            legal conclusions to do the work of putting the defendant on
applies in the Eleventh Circuit, quoting heavily from Twombly            notice without saying too much. Because federal complaints
and Iqbal). Although, as always, there remains room for the              must pass plausibility muster, federal plaintiffs must make spe-
Court to clarify its decisions, this much is clear: the possibility      cific and numerous factual allegations to get to discovery.
rule is out. Only claims that contain factual allegations sufficient
to make the claim for relief plausible will survive.                     Why the divergent pleading standards
                                                                         matter: two examples
Alabama Supreme Court has not adopted                                      Two recent developments in federal jurisdiction may make
Plausibility Standard                                                    pleading standards an area of interest. These two areas are the fed-
   As of this writing, the Alabama Court of Civil Appeals has            eral preemption of state law relating to drugs and medical devices
twice been asked to apply the plausibility standard. The court           and the narrowing of removal jurisdiction brought about by
has twice declined. See Crum v. Johns Manville, Inc.–So.                 Lowery v. Alabama Power Co., 483 F.3d 1184 (11th Cir. 2007).
2d–2009 WL 637260 at *2 n.2 (Ala. Civ. App. March 13, 2009);               Preemption: Three recent decisions of the United States Supreme
Thomas v. Williams–So. 2d–2008 WL 4952466 at *1 n.1 (Ala.                Court define when state law may apply to claims brought against
Civ. App. Nov. 21, 2008). The court has stated that it lacks the         drug or device manufacturers that are regulated by federal law. See
authority to adopt the plausibility rule because “we are unable to       Wyeth v. Levine, 129 S. Ct. 1187 (2009); Altria Group, Inc. v. Good,
overrule prior caselaw in order to alter [the] well-settled stan-        129 S. Ct. 538 (2008); Riegel v. Medtronic, Inc., 128 S. Ct. 999
dard of review” that the Alabama Supreme Court has estab-                (2008). These cases allow state-law claims to escape federal pre-
lished. Crum, 2009 WL 637260 at *2 n.2.                                  emption in certain circumstances. As a result, defendants in drug
  76        January 2010
and device cases are less able to remove their cases to federal court     Alabama Rules.”) (emphasis added). As matters now stand, the
based on the existence of a federal question.                             Alabama Supreme Court has already held that federal interpreta-
   The reduced ability to remove drug and device cases is doubly          tions of Rule 8 are persuasive in interpreting Alabama’s Rule 8.
important in light of different pleading standards. Not only can          To reject Twombly, the court will have to devise an independent
plaintiffs take advantage of broader state liability rules and other      explanation that justifies keeping Conley.
advantages of litigating in state court, but state-court plaintiffs, at      Finally, the Twombly majority took pains to avoid overruling
least for now, appear to enjoy a more lenient pleading standard.          Conley v. Gibson outright. Rather, it stressed that the “no-set-of-
Plaintiffs enjoy both procedural and substantive advantages if            facts” test should be “understood in light of the [Conley] opin-
they can tailor their claims to escape federal preemption.                ion’s preceding summary of the complaint’s concrete allegations”
   Lowery: Although the preemption cases are important primarily          and that “the phrase [“no set of facts”] is best forgotten as an
to practitioners in the drug and device bar, the law of removal           incomplete, negative gloss on an accepted pleading standard:
affects nearly all litigators. The Eleventh Circuit’s opinion in          once a claim has been stated adequately, it may be supported by
Lowery has already received considerable attention for its impact         showing any set of facts consistent with the allegations in the
on the removal of diversity cases. In Lowery, the court ruled that        complaint.” Twombly, 550 U.S. at 562–63. Likewise, the Court
defendants must establish the jurisdictional amount in controversy        cited numerous post-Conley decisions that suggested that the “no-
at the time of removal based only on the pleadings and evidence           set-of-facts” test should not be applied literally. See id. at 562.
obtained in the case at issue. 483 F.3d at 1208–11. Naturally, this       The Court’s efforts to reconcile the plausibility standard with
makes it more difficult for defendants to carry their burden of           existing doctrine make it possible for state courts to adopt
proving that the amount in controversy exceeds the jurisdictional         Twombly without rejecting Conley outright. In sum, the Alabama
amount and avail themselves of the plausibility standard that             Supreme Court’s prior statements about federal rules in general
exists in federal court. Together with Twombly, Lowery also por-          and Rule 8 in particular make it likely that the court will adopt
tends a heightened scrutiny on the allegations in a plaintiff’s com-      the plausibility standard at some point, especially if it can do so
plaint in federal court. In that sense, Lowery and Twombly indi-          without having to reject all of the existing jurisprudence.
cate an emerging trend that federal courts will pay closer attention         It would be a significant development for the Alabama
to the contents of a complaint, and that this scrutiny cuts both          Supreme Court to decouple its interpretation of Rule 8 from the
ways. Plaintiffs may have a more difficult task in drafting a com-        federal interpretation of the identical standard. There is, however,
plaint that passes plausibility muster, but defendants will have a        a possible explanation for the Court of Civil Appeals’ reluctance
more difficult time removing cases based on the face of the plead-        to get ahead of the Supreme Court in adopting the plausibility
ings. Having abandoned code pleading in favor of notice pleading          standard. Justice Stevens, dissenting in Twombly, opined that the
in the Federal Rules of Civil Procedure, it may be that the pendu-        rule announced in that case would have the effect of “rewrit[ing]
lum is beginning to swing back in the other direction.                    the Nation’s civil procedure textbooks and call[ing] into doubt the
                                                                          pleading rules of most of its States.” Twombly, 550 U.S. at 579
What next?                                                                (Stevens, J., dissenting). And it is hard to deny that Twombly and
   Clearly, different pleading standards apply in Alabama, and            Iqbal have changed federal civil procedure in a significant way.
the federal rule is meaningfully more stringent than the state            Although there is no guarantee that Alabama Supreme Court will
rule. But will the divergence last? Our best guess is that, ulti-         follow suit, our suspicion is that it will ultimately do so.     ▲▼▲
mately, Alabama will follow or adopt Twombly and Iqbal. The
Alabama rules are modeled on the federal rules, and there is a
longstanding tradition that “[f]ederal cases construing the
Federal Rules of Civil Procedure are persuasive authority in                                    J. Thomas Richie is an associate in the
construing the Alabama Rules of Civil Procedure because the                                     Birmingham office of Bradley Arant Boult
Alabama Rules of Civil Procedure were patterned after the                                       Cummings LLP. Richie, who is a summa cum
Federal Rules of Civil Procedure.” White Sands Group, L.L.C.                                    laude graduate of the Cumberland School of
v. PRS II, LLC, 998 So. 2d 1042, 1056 (Ala. 2008) (citation and                                 Law, clerked for the Honorable R. David
quotation omitted); see also Ex parte Scott, 414 So. 2d 939, 941                                Proctor of the United States District Court for
                                                                                                the Northern District of Alabama. He devotes
(Ala. 1982) (“Due to the similarity of the Alabama and Federal
                                                                                                most of his practice to trial court litigation.
Rules of Civil Procedure, a presumption arises that cases con-
struing the Federal Rules are authority for construction of the
Alabama Rules.”). The persuasive force of the federal interpre-
tation is even stronger when the language of the Alabama rule
mirrors the federal rule. See White Sands, 998 So. 2d at 1056.                                  Anna Manasco Dionne is also an associate in
Here, as we noted at the outset, Federal Rule 8 and Alabama                                     the Birmingham office of Bradley Arant Boult
Rule 8 are identical.                                                                           Cummings LLP. Dionne, whose practice is
                                                                                                primarily appellate, is a graduate of the Yale
   Moreover, the Conley v. Gibson rule is, obviously, a rule
                                                                                                Law School and clerked for the Honorable
Alabama adopted from the federal courts. When adopting that
                                                                                                William H. Pryor, Jr. of the Eleventh Circuit
rule, the Alabama Supreme Court noted that the federal and                                      Court of Appeals. She holds a Ph.D. in politics
state rules imposed identical requirements. See Bowling, 301 So.                                from Oxford University.
2d at 186 (relying on “cases that have passed upon the point
where governed by Federal Rules of Civil Procedure, the same
in all material respects as to the mentioned requirement as the

                                                                                                           The Alabama Lawyer               77
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                                                                                                       Opinions of the general Counsel
                                                                                 J. Anthony McLain

Third-Party Auditing of Lawyers’
Billings–Confidentiality Problems and
Interference with Representation
   The Office of General Counsel has received numerous opinion requests
from attorneys who represent insureds pursuant to an employment
agreement whereby the attorney is paid by the insured’s insurance carri-
er. Some insurance companies have begun to submit to the attorney
billing guidelines and litigation management guidebooks which place cer-
tain restrictions on discovery, the use of experts and other third-party
vendors. The billing guidelines also restrict the lawyers who will be
allowed to work on the files and require pre-approval of time spent on
research, travel and the taking and summarization of depositions. Some
insurance companies also require the attorneys they employ to submit
their bills to a third-party billing review company for their review and
approval. The bills obviously contain descriptions of work done on behalf
of the insureds. In most instances, the insureds have not been consulted
and have not approved the use of the billing guidelines and litigation
management guidebook or the billing review process. The inquiry pre-
sented is whether there is any ethical impropriety in following these pro-
cedures which some insurance companies are attempting to impose.

  It is the opinion of the Disciplinary Commission of the Alabama State
Bar that a lawyer should not permit an insurance company, which pays
the lawyer to render legal services to its insured, to interfere with the

                                                                             The Alabama Lawyer   79
     Opinions of the general counsel                                                              Continued from page 79

     lawyer’s independence of professional judgment in ren-             attorney were hired and paid directly by the insured
     dering such legal services, through the acceptance of              and therefore it imposes upon the attorney the same
     litigation management guidelines which have that                   professional responsibilities that would exist had the
     effect. It is further the opinion of the commission that a         attorney been personally retained by the insured.
     lawyer should not permit the disclosure of information             These responsibilities include ethical and fiduciary
     relating to the representation to a third party, such as a         obligations as well as maintaining the appropriate
     billing auditor, if there is a possibility that waiver of          standard of care in defending the action against the
     confidentiality, the attorney-client privilege or the work-        insured.” 533 So.2d at 199.
     product privilege would occur. The Disciplinary
                                                                     See also, Hazard and Hodes, The Law of Lawyering, 2nd
     Commission expresses no opinion as to whether an
                                                                     Ed. §§ 1.7: 303-304. These authorities conclusively estab-
     attorney may ethically seek the consent of the insured
                                                                     lish the proposition that the insured is the attorney’s pri-
     to disclosure since this turns on the legal question of
                                                                     mary client and it is to the insured that the attorney owes
     whether such disclosure results in waiver of client con-
                                                                     his first duty of loyalty and confidentiality.
     fidentiality. However, the commission cautions attor-
                                                                        Effective January 1, 1991, the Alabama Supreme
     neys to err on the side of non-disclosure if, in the exer-
                                                                     Court promulgated the Rules of Professional Conduct of
     cise of the attorney’s best professional judgment, there
                                                                     the Alabama State Bar. Rule 1.8(f) of the Rules of
     is a reasonable possibility that waiver would result. In
                                                                     Professional Conduct provides as follows:
     other words, if an attorney has any reasonable basis to
     believe that disclosure could result in waiver of client           “Rule 1.8 Conflict of Interest: Prohibited Transactions
     confidentiality, then the attorney should decline to
                                                                       (f) A lawyer shall not accept compensation for
     make such disclosure.
                                                                           representing a client from one other than the
                                                                           client unless:
     DISCUSSION:                                                          (1) the client consents after consultation or the
       The Disciplinary Commission of the Alabama State
                                                                              lawyer is appointed pursuant to an insur-
     Bar has addressed the conflict of interest issues raised
                                                                              ance contract;
     by dual representation of the insurer and the insured in
     several earlier opinions. In one of those, RO-87-146, the            (2) there is no interference with the lawyer’s
     commission concluded as follows:                                         independence of professional judgment or
                                                                              with the client-lawyer relationship; and
        “Although you were retained to represent the
        insured by the insurance company and are paid by                  (3) information relating to representation of a
        the company, your fiduciary duty of loyalty to the                    client is protected as required by Rule 1.6.”
        insured is the same as if he had directly engaged
                                                                       A similar and related prohibition is found in Rule 5.4(c)
        your services himself. See, RO-84-122; Nationwide
                                                                     of the Rules of Professional Conduct which provides as
        Mutual Insurance Company v. Smith, 280 Ala. 343,
        194 So.2d 505 (1966) and Outboard Marine
        Corporation v. Liberty Mutual Insurance Company,                “Rule 5.4 Professional Independence of a Lawyer
        536 F. 2d 730, 7th Cir. (1976). Since the interests of the
                                                                       (c) A lawyer shall not permit a person who recom-
        two clients, the insurance company and the insured,
                                                                           mends, employs, or pays the lawyer to render
        do not fully coincide, the attorney’s duty is first and
                                                                           legal services for another to direct or regulate
        primarily to the insured.”
                                                                           the lawyer’s professional judgment in render-
       Similar conclusions were reached in RO-90-99 and                    ing such legal services.”
     RO-81-533. Additionally, the Alabama Supreme Court
                                                                       The Disciplinary Commission has examined a
     discussed the insurer-insured relationship in Mitchum v.
                                                                     Litigation Management Guidebook which the commis-
     Hudgens, 533 So.2d 194 (Ala. 1988) and confirmed the
                                                                     sion understands to be one example among many of
     Disciplinary Commission’s analysis of that relationship, viz:
                                                                     the procedures which some insurance companies have
        “It must be emphasized that the relationship                 requested attorneys to follow in representing insureds.
        between the insured and attorney is that of attorney         This guidebook contains various provisions and
        and client. That relationship is the same as if the          requirements which are of concern to the commission.

80     January 2010
The guidebook requires a “claims professional,” who,           their bills for representation of the insureds to a third-
in most instances, is a non-lawyer insurance adjuster,         party auditor for review and approval. Not only are the
to “manage” all litigation. An excerpt from the guide-         bills themselves to be submitted to the auditor, but all
book provides as follows:                                      invoices must be accompanied by the most recent
                                                               Initial Case Analysis and Integrated Defense Plan which
  “Accountability for the lawsuit rests with the defense
                                                               contains the defense attorney’s strategy, investigation
  team. This team is composed of the claims profes-
                                                               and disposition plans. Each activity for which the attor-
  sional and the defense attorney. The claims profes-
                                                               ney bills “must be described adequately so that a per-
  sional is charged with fulfilling all the responsibilities
                                                               son unfamiliar with the case may determine what activ-
  enumerated below and is the manager of the litiga-
                                                               ity is being performed.”
                                                                  It is the opinion of the Disciplinary Commission that
   Other responsibilities of the claims professional           disclosure of billing information to a third-party billing
include “evaluation of liability, evaluation of damages,       review company as required by the billing program of
recommendation of discovery and settlement/disposi-            the insurance company may constitute a breach of
tion.” The guidebook requires the claims professional          client confidentiality in violation of rules 1.6 and
and the defense attorney to jointly develop an “Initial        1.8(1)(3) and, if such circumstances exist, such informa-
Case Analysis” and “Integrated Defense Plan” which             tion should not be disclosed without the express con-
are “designed for the claims professional and defense          sent of the insured.
attorney to reach agreement on the case strategy,                 However, the commission also has concerns that sub-
investigation and disposition plan.” Furthermore, the          mission of an attorney’s bill for representation of the
attorney “must secure the consent of the claims profes-        insured to a third party for review and approval not only
sional before more than one attorney may be used at            may constitute a breach of client confidentiality, but
depositions, trials, conferences, or motions.” The             may also result in a waiver of the insured’s right to con-
claims professional must approve “[e)ngaging experts           fidentiality, as well as a waiver of the attorney-client or
(medical and otherwise), preparation of charts and dia-        work-product privileges. While it is not within the
grams, use of detectives, motion pictures and other            purview of an ethics opinion to address the legal issues
extraordinary preparation ….” The Litigation                   of whether and under what circumstances waiver may
Management Guidebook also requires that all research,          result, the fact that waiver is a possibility is a matter of
including computer time, over three hours be pre-              significant ethical concern. A recent opinion of the
approved by the insurance company and restricts depo-          United States First Circuit Court of Appeals, U.S. v.
sition preparation by providing that the “person attend-       Massachusetts Institute of Technology, 129 F.3d 681 (1st
ing the deposition should not spend more time prepar-          Cir. 1997), held that the IRS could obtain billing informa-
ing for the deposition than the deposition lasts.”             tion from MIT’s attorneys, which otherwise would be
   It is the opinion of the Disciplinary Commission of the     protected under the attorney-client privilege and as
Alabama State Bar that many of the requirements of             work product, because MIT had previously provided this
the Litigation Management Guidebook such as                    same information to Defense Department auditors mon-
described above could cause an “interference with the          itoring MIT’s defense contracts. The Court held that the
lawyer’s independence of professional judgment or              disclosure of these documents to the audit agency for-
with the client-lawyer relationship” in violation of Rule      feited any work-product protection and waived the attor-
1.8(1)(2) and also possibly constitute an attempt “to          ney-client privilege. MIT argued that disclosure to the
direct or regulate the lawyer’s professional judgment”
in violation of Rule 5.4(c). The commission is of the
opinion that foremost among an attorney’s ethical obli-
gations is the duty to exercise his or her independent
professional judgment on behalf of a client and nothing
should be permitted to interfere with or restrict the
attorney in fulfilling this obligation.
   An attorney should not allow litigation guidelines, or
any other requirement or restriction imposed by the
insurer, to impair or influence the independent and
unfettered exercise of the attorney’s best professional
judgment in his or her representation of the insured.
   The commission has also examined the insurance
company’s “Billing Program” pursuant to which attor-
neys are required by the insurance company to submit

                                                                                                  The Alabama Lawyer          81
     Opinions of the general counsel                                                           Continued from page 81

     audit agency should be regarded as akin to disclosure to     mission is also aware that this may be a developing area
     those with a common interest or those who, though            of the law which could be affected, or even materially
     separate parties, are similarly aligned in a case or con-    altered, by future decisions. However, while the com-
     sultation, e.g., investigators, experts, codefendants,       mission recognizes that the MIT opinion may not be the
     insurer and insured, patentee and licensee. The Court        definitive judicial determination on this issue, the possi-
     rejected this argument holding that an outside auditor       bility that other courts could follow the 1st Circuit makes
     was not within the “magic circle” of “others” with           it incumbent on every conscientious attorney to err on
     whom information may be shared without loss of the           the side of caution with regard to such disclosures. If
     privilege.                                                   disclosure to a third-party auditor waives confidentiali-
                                                                  ty, the attorney-client privilege or work-product protec-
       “Decisions do tend to mark out, although not with
                                                                  tion, then such disclosure is clearly to the detriment of
       perfect consistency, a small circle of ‘others’ with
                                                                  the insured to whom the defense attorney owes his first
       whom information may be shared without loss of
                                                                  and foremost duty of loyalty. Attorneys who represent
       the privilege (e.g., secretaries, interpreters, counsel
                                                                  the insured pursuant to an employment contract with
       for a cooperating codefendant, a parent present
                                                                  the insurer should err on the side of non-disclosure
       when a child consults a lawyer).
                                                                  when there is any question as to whether disclosure of
       “Although the decisions often describe such situa-         confidential information to a third party could result in
       tions as one in which the client ‘intended’ the disclo-    waiver of the client’s right to confidentiality or privilege.
       sure to remain confidential, the underlying concern is        Furthermore, while a client may ordinarily consent to
       functional: that the lawyer be able to consult with oth-   the disclosure of confidential information, the commis-
       ers needed in the representation and that the client be    sion questions whether an attorney may ethically seek
       allowed to bring closely related persons who are           the client’s consent if disclosure may result in a waiver of
       appropriate, even if not vital, to a consultation. An      the client’s right to confidentiality, the attorney-client
       intent to maintain confidentiality is ordinarily neces-    privilege or the work-product privilege. This concern was
       sary to continue protection, but it is not sufficient.     specifically addressed by the State Bar of North Carolina
                                                                  in Proposed Ethics Opinion 10. The opinion points out
       “On the contrary, where the client chooses to share
                                                                  that “the insured will not generally benefit from the
       communications outside this magic circle, the courts
                                                                  release of any confidential information.” To the contrary,
       have usually refused to extend the privilege.” 119
                                                                  release of such information could work to the detriment
       F.3d at 684.
                                                                  of the insured.
        As indicated above, the question of whether disclo-
                                                                     “The release of such information to a third party
     sure of billing information to a third-party auditor con-
                                                                     may constitute a waiver of the insured’s attorney-
     stitutes a waiver of confidentiality or work product is
                                                                     client or work product privileges. Therefore, in gen-
     essentially a legal, as opposed to ethical, issue which
                                                                     eral, by consenting, the insured agrees to release
     the commission has no jurisdiction to decide. The com-
                                                                     confidential information that could possibly (even if
                                                                     remotely) be prejudicial to her or invade her privacy
                                                                     without any returned benefit.”
                                                                    The North Carolina opinion discusses the comment
                                                                  to Rule 1.7(b) which states that the test of whether an
                                                                  attorney should ask the client to consent is ‘’whether a
                                                                  disinterested lawyer would conclude that the client
                                                                  should not agree.” The opinion concludes as follows:
                                                                     “When the insured could be prejudiced by agreeing
                                                                     and gains nothing, a disinterested lawyer would not
                                                                     conclude that the insured should agree in the absence
                                                                     of some special circumstance. Therefore, the lawyer
                                                                     must reasonably conclude that there is some benefit
                                                                     to the insured to outweigh any reasonable expecta-
                                                                     tion of prejudice, or that the insured cannot be preju-

82     January 2010
  diced by a release of the confidential information,       to its insured, to interfere with the lawyer’s independence
  before the lawyer may seek the informed consent of        of professional judgment in rendering such legal services,
  the insured after adequate consultation.”                 through the acceptance of litigation management guide-
                                                            lines which have that effect. It is further the opinion of the
  In reaching the above-stated conclusions, the
                                                            commission that a lawyer should not permit the disclo-
Disciplinary Commission has examined and considered,
                                                            sure of information relating to the representation to a
in addition to opinion of the North Carolina Bar refer-
                                                            third party, such as a billing auditor, if there is a possibili-
enced above, opinions issued by, or on behalf of, the
                                                            ty that waiver of confidentiality, the attorney-client privi-
bar associations of Florida, Indiana, Kentucky,
                                                            lege or the work-product privilege would occur.
Louisiana, Missouri, Montana, North Carolina,
                                                               The Disciplinary Commission expresses no opinion
Pennsylvania, South Carolina, Utah, Washington, and
                                                            as to whether an attorney may ethically seek the con-
the District of Columbia. All of these opinions appear to
                                                            sent of the insured to disclosure since this turns on the
be consistent with the conclusions and concerns
                                                            legal question of whether such disclosure results in
expressed herein. Only Massachusetts and Nebraska
                                                            waiver of client confidentiality. However, the commis-
have released opinions which, in part, may be inconsis-
                                                            sion cautions attorneys to err on the side of non-disclo-
tent with this opinion, and it appears that the opinions
                                                            sure if, in the exercise of the attorney’s best profession-
from these two states are not official or formal opinions
                                                            al judgment, there is a reasonable possibility that waiv-
of those states’ bar associations.
                                                            er would result. In other words, if an attorney has any
  In summary, and based upon the foregoing, it is the
                                                            reasonable basis to believe that disclosure could result
opinion of the Disciplinary Commission of the Alabama
                                                            in waiver of client confidentiality, then the attorney
State Bar that a lawyer should not permit an insurance
                                                            should decline to make such disclosure.
company, which pays the lawyer to render legal services
                                                               [RO-98-02]                                             ▲▼▲

                                                                                                 The Alabama Lawyer            83
Use the Event Promoter Discount Code, EP1002, to save $150 on registration!
                                                                                                                                    Legislative Wrap-up
                                                                                     Robert L. McCurley, Jr.
                                                                                      For more information about the Institute,
                                                                                       contact Bob McCurley at (205) 348-7411
                                                                                                    or visit

The 2010 Legislature Begins
   On Tuesday, January 12, 2010, the Alabama legislative term began and
continues for 105 calendar days with its last day no later than Monday, April
26, 2010.
   This is a big election year for Alabama. The governor, lt. governor, supreme
court justices, all members of the house and senate, sheriffs, district attorneys,
and all other constitutional offices will be elected. The last day for qualifying
will be April 2, 2009, with the primary election day being Tuesday, June 1,
2009. The primary run-off will be July 13.
   The public often thinks that legislators are predominately lawyers, while, in
fact, fulltime legislators have now become the largest occupational group (at
16.4 percent of the group) in the state legislature. Previously, attorneys were
the largest occupational group but the number of lawyers in state legislatures
has decreased substantially nationwide over the last three decades, from about
25 percent in the 1970s to only 15 percent today. This is up from 2.7 percent
in the ’70s; however, fulltime legislators are still relatively low in Alabama at
5 percent. The third largest group of legislators is retired persons, making up
about 12 percent, both nationally and in Alabama.
   In Alabama, the biggest block of people is those who are business owners
or business employees, making up 26.5 percent of the legislature. Educators,
either in college or K-12, comprise 14.3 percent. Other facts about legislators
are as follows, showing the first number being Alabama and the parentheses
being the national statistic. Ethnically, 77 percent (88 percent) of legislators
are Caucasian, with 23 percent (10 percent) African-American. Gender ratio
is men 88 percent (78 percent) and female 12 percent (88 percent). With
respect to age, the distribution of those 65-plus years old is 36 percent (23
percent), 50 to 64 years 40 percent (49 percent), 35 to 49 years 22 percent (25
percent), and under 34 years 2 percent (3 percent), with the overall average
age of a state legislator in the United States being 56 years old.

                                                                                     The Alabama Lawyer                      85
     Legislative Wrap-Up                                                 Continued from page 85

        For the past two decades, the number of Alabama African-                The previous information was compiled by the National
     American legislators has remained constant with 23 percent of           Conference of State Legislatures and may be found on
     the senate seats and 26 percent of the house seats being filled         their Web site,
     with African-Americans. No other state has a greater percent-              With the elections now eminent, candidates cannot solic-
     age of minority representation in the senate as Alabama (only           it or receive contributions beginning the first day of the
     Mississippi exceeds Alabama with minority legislators in their          legislature–January 12, 2010 (Section 17-5-7(b)(2)).
     house of representatives). This is especially significant nation-       Republican and Democratic parties will end state qualify-
     wide where only 8 percent of state senators and 9 percent of            ing on April 2, 2010.
     state house members are African-Americans.                                 Alabama has no limitation on the number of terms a per-
        There is a higher percentage of lawyers in the southeast             son may serve in the legislature. Sixteen states do have
     who are members of the legislature than nationally:                     such a limit and six more, at one time, had term limits that
     Alabama, 17.1 percent; Florida, 24.1 percent; Georgia,                  have since been repealed. The dean of the senate, Senator
     17.8 percent; Louisiana, 26.4 percent; Kentucky, 21.3 per-              Bobby Denton, first elected in 1978, will be retiring, while
     cent; North Carolina, 19.4 percent; South Carolina 23.8                 the dean of the house, Alvin Holmes, was first elected in
     percent; and Virginia, 30 percent.                                      1974 and is again seeking reelection. Approximately half
        In the Alabama senate, there are 21 Democrats and 14                 of the members of the house have been legislators for less
     Republicans, while in the house of representatives there are            than ten years, while approximately one-third of the senate
     60 Democrats, 44 Republicans and one vacancy. In the sur-               has served for less than ten years.
     rounding states, both Tennessee and Mississippi legisla-                   Nationally, the pay of state legislators varies greatly
     tures are Democratic while Georgia and Florida are con-                 from a low of $100 a year in New Hampshire to a high of
     trolled by the Republicans. The Republicans control both                $116,000 in California. Alabama is in the middle with
     houses of the South Carolina legislature, while both houses             compensation of approximately $47,000. This includes
     of the North Carolina legislature are controlled by                     expenses since their legislative salary of $10 a day was set
     Democrats. All of these are up for election in 2010.                    in the 1901 Constitution.

86     January 2010
Law Institute                                                     Trina S. Williams, Montgomery
                                                                  Sandra Lewis, Montgomery
                                                                  Scott T. McArdle, Montgomery
legislative presence                                              Charles Prince, II, Birmingham
                                                                  Bill Espy, Montgomery
  The Law Institute has proposed for the 2010 legislature         Fred Gray, Sr., Tuskegee
the following acts:                                               William B. Sellers, Montgomery
  Alabama Trademark Act Amendments                                Bob McCurley, Tuscaloosa
  Adult Guardianship Jurisdiction Act                             LaVeeda M. Battle, Birmingham
  Child Abduction Protective Proceedings Act                      Brandi C. Williams, Birmingham
  Residential Mortgage Satisfaction Act
                                                                  Also serving as counsel to the senate are the following
  Summaries of these acts can be found in the September         lawyers:
and November 2009 editions of The Alabama Lawyer.
Copies of these acts and the commentary can be found on           Bill Messer, Montgomery
the Alabama Law Institute’s Web site at       Teresa Norman, Montgomery
  Assisting in the legislature this year are the following        Misha Mullins Whitman, Montgomery
lawyers who serve as counsel to the house of representative’s     LaVeeda Battle, Birmingham
committees:                                                       Pat Rumore, Birmingham
                                                                  Scott T. McArdle, Montgomery
  Bill Messer, Montgomery
  Samuel A. Rumore, Jr., Birmingham                               The institute is also providing 16 interns to the house and
  Al Vance, Birmingham                                          senate during the session. These students must be at least
  Karen Mastin-Laneaux, Montgomery                              juniors in college and will provide constituent services and
  Charlanna W. Spencer, Montgomery                              legislative assistance to members of the legislature. ▲▼▲

                                                                                                    The Alabama Lawyer          87
                                                                                                           Disciplinary Notices



• On September 2, 2009, the Supreme Court of Alabama accepted the
  order entered on August 19, 2009, by Panel I of the Disciplinary Board of
  the Alabama State Bar reinstating Virginia Dewella Emfinger (Hicks)
  to the practice of law, with conditions. Emfinger was suspended for a
  period of one year, effective April 7, 2008. [Rule 28, Pet. No. 09-1605]

• Huntsville attorney James Bant Atwood, Jr. was disbarred from the
  practice of law in Alabama, effective October 9, 2009, by order of the
  Supreme Court of Alabama. The supreme court entered its order based
  upon the decision of the Disciplinary Board of the Alabama State Bar
  accepting Atwood’s consent to disbarment. Atwood admitted that he
  assisted a disbarred attorney in the unauthorized practice of law.
  Atwood also admitted that he knowingly made false statements of
  material fact to the bar during its investigation. [Rule 23(a), Pet. No. 09-
  2216; ASB No. 09-1157]

• Albertville attorney Lawton Dale Fuller was disbarred from the prac-
  tice of law in Alabama, effective July 9, 2009, by order of the Supreme
  Court of Alabama. The supreme court entered its order based upon the
  decision of the Disciplinary Board of the Alabama State Bar accepting
  Fuller’s consent to disbarment. Fuller admitted to improperly convert-
  ing client funds held in his trust account. [Rule 23(a), Pet. No. 09-1814;
  Rule 20(a), Pet. No. 09-1777(A); ASB No. 09-1778(A)]

• Mobile attorney Joseph Gullatte Hunter, III was disbarred from the
  practice of law in Alabama, effective September 3, 2009, by order of the
  Alabama Supreme Court. The supreme court entered its order based
  upon the decision of the Disciplinary Board of the Alabama State Bar
  accepting Hunter’s surrender of his license and consent to disbarment,
  which was based upon his acknowledgement that there were currently
  pending investigations into his ethical conduct as a lawyer that con-

                                                                                 The Alabama Lawyer   89
     Disciplinary Notices                                            Continued from page 89

       cerned alleged violations of rules 1.3, 1.4(a), 1.4(b),           placed on probation for a period of two years, effec-
       1.15, and 8.4(a), (b), (c), (d), and (g), Ala. R. Prof. C.,       tive July 23, 2009. [ASB nos. 04-134(A), 04-189(A), 04-
       and, if proven, would likely result in serious discipline         227(A), 04-228(A), 04-229(A), 04-258(A), 04-266(A), 04-
       by the bar, to include disbarment. [Rule 23, Pet. No.             267(A), 04-268(A), 04-270(A), 04-284(A), 04-286(A), 04-
       09-2098 et al]                                                    316(A), 05-05(A), and 06-134(A)]

     • Montgomery attorney Gary L. Stephens was dis-                   • Phenix City attorney Cecil Kerry Curtis was suspend-
       barred from the practice of law in Alabama by order               ed from the practice of law in Alabama by order of the
       of the Supreme Court of Alabama, effective                        Disciplinary Commission of the Alabama State Bar for
       September 1, 2008, the date of Stephens’s previously-             91 days. The Disciplinary Commission ordered that
       ordered suspension. The supreme court’s order was                 said suspension be held in abeyance and Curtis be
       based upon the decision of the Disciplinary Board of              placed on probation for a period of two years pursuant
       the Alabama State Bar accepting Stephens’s consent                to Rule 8(h), Ala. R. Disc. P. The Disciplinary
       to disbarment. Stephens was suspended September                   Commission accepted Curtis’s conditional guilty plea
       1, 2008 in another matter and admitted that he                    wherein he pled guilty to violations of rules 1.3, 1.4(a),
       engaged in the practice of law after he was suspend-              1.4(b), 3.2, 8.4(a), 8.4(d), and 8.4(g), Ala. R. Prof. C.
       ed. [Rule 23(a), Pet. No. 09-2180; ASB nos. 08-1254(A)            Curtis failed to properly represent his clients before the
       and 09-2175(A)]                                                   United States Bankruptcy Court. [ASB No. 09-1051(A)]

                                                                       • Mobile attorney Joseph Gullatte Hunter, III was
     Suspensions                                                         interimly suspended from the practice of law
     • Evergreen attorney John Gordon Brock was sus-                     Alabama pursuant to rules 8(c) and 20(a), Ala. R. Disc.
       pended from the practice of law in Alabama by order               P. by order of the Disciplinary Commission of the
       of the Alabama Supreme Court for a period of six                  Alabama State Bar, effective June 25, 2009. The
       months, effective October 15, 2009. The supreme                   Disciplinary Commission’s order was based on a peti-
       court entered its order based upon the decision of the            tion filed by the Office of General Counsel evidencing
       Disciplinary Commission of the Alabama State Bar                  that probable cause exists that Hunter has misappro-
       accepting Brock’s conditional guilty plea wherein he              priated and mismanaged client trust funds. [Rule
       pled guilty to a violation of Rule 8.4(b), Ala. R. Prof. C.       20(a), Pet. No. 09-1845]
       Brock was found guilty of perjury in the third degree
       in the Circuit Court of Conecuh County on August 13,            • Birmingham attorney Temo Lopez was suspended
       2009. [Rule 22(a), Pet. No. 09-2137; ASB No. 08-                  from the practice of law in Alabama for 91 days,
       192(A)]                                                           effective September 11, 2009. The 91-day suspension
                                                                         was deferred pending a two-year period of probation.
     • On July 23, 2009, Panel I of the Disciplinary Board of            Lopez admitted that he failed to respond to requests
       the Alabama State Bar entered an order accepting the              for information from a disciplinary authority during
       conditional guilty plea of Florence attorney Basil                the course of an investigation. Upon successful com-
       Timothy Case to violations of Rule 1.4(a), Alabama                pletion of probation, Lopez is to receive a private rep-
       Rules of Professional Conduct, in the below-refer-                rimand for a violation of Rule 8.1(b), Ala. R. Prof. C.
       enced complaints. All of these matters involved a                   As part of the plea agreement, ASB No. 07-82(A)
       general lack of communication by Case with his                    and the Rule 20(a) [summary suspension] files are to
       clients. Case was suspended for a period of 180 days,             be dismissed. [Rule 20(a), Pet. No. 09-1150; ASB nos.
       which suspension will be held in abeyance. He was                 07-82(A) and 09-1053(A)]

90     January 2010
• Prattville attorney Keith Anderson Nelms was sus-           Northcutt admitted to signing the affidavit of a client
 pended from the practice of law in Alabama for three         and fraudulently notarizing the affidavit, violations of
 years by order of the Supreme Court of Alabama,              rules 8.4(a), 8.4(c), 8.4(d) and 8.4(g), Ala. R. Prof. C.;
 effective July 9, 2009. The Supreme Court of Alabama         and in ASB No. 1682(A), Northcutt admitted that he
 based its order on Nelms’s guilty plea for violations        grabbed another attorney by the tie, pushed the attor-
 of rules 1.5(a), 1.15(a) and (g), 5.4(a), 7.1(a), 7.2(c),    ney up against a wall and cursed and threatened the
 and 8.4(c), Alabama Rules of Professional Conduct.           attorney, a violation of Rule 8.4(g), Ala. R. Prof. C.
 Nelms owns and operates Allegro Law, LLC and held            Northcutt agreed to a 91-day suspension. The sus-
 out himself and Allegro Law, LLC as providing legal          pension was held in abeyance and Northcutt was
 services in the field of debt management and debt            placed on three years’ probation by the Disciplinary
 settlement. Nelms undertook to represent more than           Commission. The conditional guilty plea and order
 15,000 clients from across the United States despite         also stated that any subsequent violation of the
 the fact that he was only licensed to practice law in        Alabama Rules of Professional Conduct would be
 Alabama.                                                     considered a violation of the probation and the 91-
   Nelms collected fees for debt settlement services          day suspension would immediately take effect. On or
 from clients prior to the performance of any services        about August 13, 2009, the Office of General Counsel
 on their behalf and prior to those fees actually being       filed a petition to revoke probation based on informa-
 earned. Nelms also routinely paid third-party compa-         tion provided by multiple individuals that Northcutt
 nies and non-lawyers for referrals. In addition, Nelms       had gotten into a verbal altercation with a part-time
 referred his own clients to a non-lawyer-owned com-          assistant district attorney. Northcutt admitted to the
 pany and would share legal fees paid by his clients          verbal altercation. On or about September 9, 2009,
 with the company. Nelms also failed to disclose to           Northcutt consented to the revocation of his proba-
 clients that Americorp, a non-lawyer-owned corpora-          tion and the imposition of the 91-day suspension.
 tion, was handling the majority of all negotiations          [Rule 20(a), Pet. No. 09-1692; ASB nos. 08-194(A), 08-
 and settlements with the creditors of Allegro Law’s          195(A) and 09-1682(A)]
 clients. Additionally, Nelms failed to hold client funds
 in an IOLTA trust account in compliance with Rule           • Montgomery attorney Joe Morgan Reed was sus-
 1.15, Ala. R. Prof. C. [ASB nos. 08-247(A) and 09-           pended from the practice of law in Alabama by order
 1481(A); CSP No. 09-1684(A)]                                 of the Supreme Court of Alabama for 90 days, effec-
                                                              tive October 1, 2009. The supreme court entered its
• Auburn attorney Walter Mark Northcutt was sus-              order based upon the April 30, 2009 order of the
 pended from the practice of law in Alabama for 91            Disciplinary Board of the Alabama State Bar wherein
 days by order of the Supreme Court of Alabama,               Reed was found guilty of violations of rules 1.4(a),
 effective September 11, 2009. The supreme court              1.15(b), 1.15(c), 8.4(a), 8.4(c), and 8.4(g), Ala. R. Prof.
 entered its order in accord with the provisions of the       C. The factual basis of these violations involved
 July 7, 2009 order of the Disciplinary Commission of         Reed’s representation of three clients. In each of
 the Alabama State Bar accepting Northcutt’s condi-           these cases, Reed received settlement funds which he
 tional guilty plea to violations of the Alabama Rules        initially deposited into his trust account. Reed later
 of Professional Conduct. Specifically, in ASB No. 08-        withdrew these funds belonging to the clients and
 194(A), Northcutt admitted that during a deposition          deposited them into his operating account and used
 he cursed and threatened opposing counsel and the            these funds to pay a firm advertising bill. Reed know-
 opposing party with physical harm, a violation of            ingly converted client funds for his own use. [ASB
 Rule 8.4(g), Ala. R. Prof. C.; in ASB No. 09-195(A),         No. 08-85(A)]                                         ▲▼▲

                                                                                                The Alabama Lawyer          91
                                                                                                            About Members, Among Firms
About                                 Richard H. Ramsey, III
                                    announces he has returned to
                                    Dothan to enter private practice.
Members                               Marvin E. Simpson announces
                                                                               Please e-mail
                                                                          announcements to
  Michael A. Griggs announces       the opening of The Simpson                Marcia Daniel
the opening of his firm at 1608-A   Law Office LLC at 2632 19th St.
Gilmer Ave., Tallassee 36078.       N., Hueytown 35023. Phone (205)
Phone (334) 252-1013.               744-1255.

  Shirley A. Millwood announces       Mark E. Smith announces the
                                    opening of The Law Office of        REMINDER: Due to space
the opening of Millwood Law
                                    Mark Edward Smith at 631 S.         constraints, The Alabama
Firm LLC at 80 Spring Branch Dr.,
                                    Perry St., Montgomery 36104.        Lawyer no longer publishes
Ste. E, Alexandria 36250. Phone
                                    Phone (334) 538-0536.               changes of address unless it
(256) 847-3777.
                                                                        relates to the opening of a
                                                                        new firm (not a branch
                                                                        office) or a solo practice.

                                                                        The Alabama Lawyer             93
     About Members, Among Firms                                                      Continued from page 93

     Among Firms                            Harbinger Capital Partners
                                          LLC of New York announces that
                                          John H. Roth has joined as assis-
                                                                                Jill Lolley Vincent has accept-
                                                                              ed an appointment with the Social
                                                                              Security Administration’s
       Adams & Reese LLP
                                          tant fund and compliance counsel.   Office of Disability
     announces that Neeli Gandhi has
                                                                              Adjudication and Review.
     joined as an associate.                Huie, Fernambucq & Stewart
                                          announces that Bart Cannon and        Starnes & Atchison LLP
       Alford, Clausen & McDonald
                                          Jeremy Gaddy have joined as         announces that Cole Gresham,
     LLC announces that Mark A.
                                          associates.                         April M. Helms and Jeremiah J.
     Dowdy and Latisha D. Rhodes
                                                                              Rogers have joined the firm’s
     have joined as associates.
                                            Jones & Davis PC announces        Birmingham office as associates.
       The United States Army             that Steven M. Wyatt has joined
     announces that John W. Miller II                                           Stephens, Millirons, Harrison
                                          as a member and T. Matthew          & Gammons PC announces that
     has been promoted to the rank of     Jones has joined as an associate.
     Brigadier General and has assumed                                        Joshua B. White has become a
                                          The new firm name is Jones,         partner and Matthew R. Harrison
     command of the Judge Advocate        Wyatt, & Davis PC.
     General’s Legal Center and School.                                       has become an associate.

       Baker, Donelson, Bearman,            Lightfoot, Franklin & White         Tanner & Guin LLC announces
     Caldwell & Berkowitz PC              LLC announces that John S.          that Hannah B. Lansdon has
     announces that William R.            Baker, C. Ryan Germany,             joined as an associate.
     Sylvester and C. Bradley             James W. Gibson, Marchello D.         Turner, Webb & Roberts PC
     Cherry have joined the firm’s        Gray, and Ryan P. Robichaux         announces that Laura K. Segers
     Birmingham office.                   have joined as associates.          has joined as an associate.
       Bradley Arant Boult                  Marsh, Rickard & Bryan PC           Britt B. Griggs has become an
     Cummings announces that Laura        announces that David T. Brown       attorney with the United States
     Catherine Ashburner, Kane            has joined as an associate.         Bankruptcy Administrator for
     Burnette, Jonathan C. Cobb,                                              the Middle District of Alabama.
     Anna Manasco Dionne, Jessica           Maynard, Cooper & Gale PC
                                                                                Vickers, Riis, Murray &
     Jones, Charles A. Roberts, Jr.,      announces that Stephen D.
                                                                              Curran LLC announces that Mark
     William Carlos Spaht, and W.         Davis II has joined as an associ-
                                                                              L. Redditt has joined as a mem-
     Justin Hendrix have joined as        ate and Jay Watkins has joined
                                                                              ber and Charles E. Tait has
     associates.                          as a shareholder in the Mobile
                                                                              joined as an associate.
       The Brom Law Firm LLC              office.
     announces that James E.                                                    Wallace, Jordan, Ratliff &
                                            The National Highway Traffic      Brandt LLC announces that
     Roberts has joined as of counsel.
                                          Safety Administration               Wesley K. Winborn has joined as
       Burr & Furman LLP announces        announces the appointment of        an associate.
     that Brent W. Dorner, Lisha X.       Oakley Kevin Vincent as chief
     Li, Anthony N. Romano and            counsel.                             Waller Lansden Dortch &
     Megan P. Stephens have joined                                            Davis LLP announces that William
     as associates.                         Ritchey & Simpson PLLC            Athanas has joined as of counsel.
                                          announces that Howard K. Glick        Wettermark Holland & Keith
       The Edmundson Law Firm
                                          and Steve R. Burford have           announces that Ashley Thomas
     LLC announces that Robert E.
                                          joined as partners and the firm’s   has joined as an associate.
     Hawthorne, III has joined as an
                                          new name is Ritchey, Simpson,
     associate.                                                                 Wilmer & Lee PA announces
                                          Glick & Burford PLLC.
       Friedman, Leak, Dazzio,                                                that Suzanne C. Dorsett has
     Zulanas & Bowling PC                    Smith, Spires & Peddy PC         become a partner and
     announces that Matthew David         announces that C. Michael Renta,    Christopher L. Lockwood has
     Conn has joined as an associate.     III has joined as an associate.     joined as an associate.   ▲▼▲

94     January 2010

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