Mark A. Newell, President
April 2019
Volume XLVIII, Issue 4

 In This Issue...
Ann's Article.........................Page 2
150th Sponsors......................Page 3
Mentoring Program.................Page 4
Women Lawyers....................Page 5
Lawyers Helping Lawyers.........Page 6
SAVLP................................Page 7
Law Day..............................Page 8
Young Lawyers......................Page 9
In the News.........................Page 9
Significant Decisions..............Page 10
Announcements...................Page 11
Mobile Bar Foundation...........Page 12
Upcoming Events..................Page 13
Birthdays...........................Page 14
President - MARK A. NEWELL
Secretary - MARY STONE
Treasurer - CHARLES E. “CHIP” TAIT
Assistant Treasurer - J. ROBERT "ROBBIE" TURNIPSEED
Executive Director - ANN F. SIRMON
President's Message

“It’s been quite a party, ain’t it?” – Gus McCrae to Captain Call, Lonesome Dove

It was quite a party, wasn’t it?  Our speakers, former U.S. Attorney General Jeff Sessions, and Eleventh Circuit Judge Bill Pryor, were educational and entertaining.  The reception at the Crystal Ballroom was fun, especially the trips down memory lane from our toastmasters and 50-year practitioners. Thank you to all who attended and especially thanks to all our sponsors who helped us put on our sesquicentennial event.

But it’s not over yet; there is still much to do.  The Naturalization Ceremony is May 3 rd at Battleship Park, and if you have never attended this before, you should; it will make you proud.  Law Day is just around the corner, and we spotlight service activities on May 7 th with our annual helpline, sponsored by Eiland and Ritchie.  Our annual summer social event is at Moe’s in June. Beginning in August, the MBA is hosting the Alabama Justice Exhibit, a selection of scenes and events from some of the most significant trials in history from around the state.  And don’t miss out on the many CLE and mentoring opportunities we offer coming up along the way.

At the risk of making my Auburn friends mad, I’ll borrow a 2010 quote from a famous college football coach:  “I want everybody here to know, this is not the end.  This is the beginning.” 
Ann's Article
April is National Volunteer Month in the United States.  It is an opportunity to honor all the volunteers in our communities as well as encourage volunteerism throughout the month. April became National Volunteer Month as part of President George H. W. Bush’s 1000 Points of Light campaign in 1991.

Volunteerism is at the core of the Mobile Bar Association.  We could not function without YOU.  Our volunteer opportunities come in all shapes and sizes.  Whether you answer the phones for Law Day, become a committee member, or serve as President of the Mobile Bar Association, you each play a very important role.  The time, talents, and expertise of our volunteers provide support to the long-term growth of the association as well as the greater law profession.

It has been proven that volunteering, even in simple ways, can help improve your health and happiness.

Here are six benefits of volunteering:
1.    Connection with others and the law community
2.    Good for your mind and body
3.    Advancement of your career
4.    Learning new skills
5.    Gaining a new perspective
6.    Brings fun and fulfillment to your life

We hope that volunteering with the Mobile Bar Association brings benefits to your life.  We want you to enjoy your service, meet others in your community, and make each project better than you way you found it.  

A BIG thank you to YOU!  We celebrate and appreciate all our volunteers with the Mobile Bar Association. You are making a difference in our community.  If you are not volunteering with Mobile Bar, please consider joining the fun.   We would love to have you.
By: Greg Vaughan, Alison Herlihy, Dottie Barker, and Winston Grow

The Mentoring Committee of the Mobile Bar Association is proud to announce their Group Mentoring/Lunch and Learn as well as Fundamentals; an all-day CLE.

Group Mentoring/Lunch and Learn is a discussion led by a panel of four experienced lawyers with interaction from the newer lawyer participants.  All participants obtain two hours of CLE credit and lunch is provided. During the lunch break, we encourage experienced lawyers to meet and network with the newer lawyers.  There is no cost for Mobile Bar members with 12 years of experience or less.  For Mobile Bar members with 13 years or more experience the rates are $50 for members and $75 for non-members. For same day registration; add $25.

Group Mentoring/Lunch and Learn will be offered three times in 2019. The meeting will be held at The Admiral Hotel from 11:00 a.m. to 1:00 p.m. Here are the upcoming dates and topics:

  • April 19 - Marketing Your Practice in the Digital Age (i.e., Work Smarter, Not Harder)
  • May 24 - Discovery Requests, Responses and Disputes (including Ethics issues)
  • June 21 - Professionalism and Communication Underlying Client Retention, Fee Agreements, Receivables/Collection

Fundamentals is an all-day CLE, offering 8 hours of credit.  Mobile Bar members with 12 years of experience or less can attend for $25. We welcome all other Mobile Bar members and non-members to join us, and standard CLE rates apply. 

This year’s Fundamentals will be held on September 27, 2019 . The meeting will be held at The Admiral Hotel from 8:00 a.m. to 5:00 p.m.. The topic is A Mock Trial from Opening Statement to Closing Argument . More information will be provided as we get closer to the event.
The Mentoring programs are sponsored by:
Coffee with the Court
The Mentoring Committee is offering a new program for 2019 called Coffee with the Court .  The concept is to provide a forum for our members to get to know our local judges over a cup of coffee.  At each session, two judges will present on the topic: My Top 5 Practice Pointers for Newer Lawyers in my Courtroom . All participants receive one hour of CLE credit, as well as coffee and bagels.  There is no cost for Mobile Bar members with 12 years of experience or less.  We welcome all other Mobile Bar members and non-members to join us, and standard CLE rates are charged.  Space will be limited. We are asking everyone to register in advance.  

This program will be offered six times in 2019 from 7:30 a.m. to 8:30 a.m. at The Admiral Hotel in the Cove Room. It is a small meeting room on the first floor near the restaurant. Again, we are asking everyone to REGISTER IN ADVANCE .

Here are the following dates:
  • Thursday, April 11 - with U. S. District Court Judge Beaverstock & Judge Murray
  • Thursday, July 11 - Judges TBA
  • Thursday, August 8 - Judges TBA
  • Thursday, September 12 - Judges TBA
  • Thursday, November 7 - Judges TBA
By Kasee S. Heisterhagen, Secretary
For their April monthly meeting, the MBA Women Lawyers will host a Happy Hour at Red or White in Midtown on Thursday, April 11 at 5:30 p.m. 

SAVE THE DATE – The  MBA Women Lawyers Annual Trailblazer’s Tea will take place on  Tuesday, May 14, 2019 at the Battle House Hotel Chrystal Ballroom . This award recognizes a woman who has made a significant and lasting contribution to the advancement of women lawyers. Prior recipients of this prestigious honor include:

  • Helen J. Alford
  • Merceria L. Ludgood
  • Frank Fields Smith
  • Honorable Callie V.S. Granade
  • Beth Marietta-Lyons
  • Honorable Margaret A. Mahoney
  • Celia J. Collins
  • Shirley Justice
  • M. Kathleen Miller

We look forward to recognizing the 2019 Trailblazer of the Year with you! For information on tickets or sponsorships, please contact Morgan Hofferber at
Committee Update
By Mitchell Lattof, Sr., Chair
During the past five years, the MBA Archives & History Committee has been pleased to interview eleven active participants in the MBA. We previously mentioned our initial interview with Robert Denniston and Thomas Haas, completed in 2014.

Since that time, we interviewed attorneys Donald Brutkiewicz Sr., Thomas Galloway Sr., and John Tyson, Sr. (2015); attorney Robert Edington (2016); attorney Frankie Fields Smith (2017); attorneys Broox Holmes, Judge Edward McDermott, and Billy Bedsole, and former Executive Director of the Mobile Bar Association Barbara Rhodes (2018), who discussed her 38 years of involvement with the lawyers of the Mobile Bar Association. All of these interviews have been placed by the MBA Executive Committee on a special  YouTube playlist.

Each of our interview participants has added to the history of the MBA in their discussions of their lives and participation in the Mobile Bar Association. This month, I will discuss the 2015 interview of Donald Brutkiewicz, Sr. Don was an Assistant District Attorney for many years under Carl Booth, a former Mobile County District Attorney. He tells us of his experiences with both the Circuit and Inferior Courts of Mobile County, Alabama, including the occasions he was ordered jailed by both Circuit and Inferior Court Judges for alleged contempt. He even employed attorney Harry Seale to appeal his Circuit court conviction and was successful in getting his citation for contempt set aside. I believe it will be worth your time to listen to this very interesting interview of Mr. Brutkiewicz Sr., and the other interviews our Committee recorded to discover how things worked in the Mobile Bar Association in the past.
By Ruth Lichtenfeld, Chair
Practicing law can be very stressful. While a certain level of stress is beneficial, chronic or unrelenting stress can lead to anxiety and/or depression. These behavioral health issues are more common in the legal profession than lawyers are comfortable admitting. According to a study reported in the Journal of Addiction Medicine, twenty percent of lawyers who participated in a survey screened positive for “hazardous, harmful, and potentially alcohol-dependent drinking.”Even higher percentages of participants reported high levels of stress, anxiety, and/or depression. The risk of alcohol abuse and dependence increases when these issues become overwhelming.

There is a reluctance among lawyers struggling with alcohol abuse or dependence to reach out for help because of a fear of negative stigma or jeopardizing their Bar licenses. Actually, there are a myriad of ways to get help that are not only confidential, but which may provide help before the lawyer’s Bar license is at risk. Among these are resources of the Alabama State Bar Association and the American Bar Association. But in addition, there is an under-utilized resource in Mobile that is not connected with the Alabama State Bar or the Mobile Bar Association. It is a group of lawyers helping lawyers.
Approximately fifteen years ago, several attorneys from Mobile and Baldwin Counties formed the group Lawyers in Recovery (LIR).  LIR meetings are modeled on the Steps and Traditions of Alcoholics Anonymous (AA) and participants pledge and place substantial emphasis on anonymity.  Every LIR meeting starts with the recitation -“Who you see in a LIR Meeting, What you hear in an LIR meeting - Stays in the LIR Meeting.”  Further, LIR is not aligned with, nor does it report to, any other group or entity (i.e., the Alabama State Bar or the Mobile Bar Association, or any committees of those organizations).  To the contrary, and as stated in its Preamble (which is read at every meeting) - “LIR is a fellowship of lawyers who share their experience, strength and hope with each other to hopefully solve their common problems and help others to recover from alcoholism, addiction, depression or similar conditions.”  LIR meetings are designed to last one hour and start promptly at 5:30 p.m. on the first and third Thursdays of every month at 205 Church Street, Mobile.  If anyone would like additional information on LIR meetings, they can anonymously call the Mobile Bar Association office for referral to a LIR member who will also keep all communications confidential.
LAW DAY 2019
Calendar of Events
By Morgan S. Hofferber, Chair

As Law Day is celebrated nationwide each year, the Mobile Bar Association plans, facilitates, and attends many events commemorating this special occasion. This year’s Law Day theme is “Free Speech, Free Press, Free Society.” Please mark your calendars with the upcoming deadlines and events associated with 2019 Law Day. 

April 19, 2019  – Deadline for Liberty Bell Award Nominations

The MBA has, for many years, recognized members of the Mobile community whose service has strengthened the American system of freedom under law. Established more than 30 years ago by the American Bar Association, the award is given to an outstanding citizen, particularly a non-lawyer, who by their service has (1) promoted a better understanding of the Constitution, (2) encouraged respect for the law and the courts, (3) stimulated a deeper sense of individual responsibility, (4) contributed to the effective functioning of our government, and/or (5) fostered a better understanding and appreciation of the rule of law.

  • Past recipients have included Mr. Joseph H. Langan, Ms. Mary S. Zoghby, Ms. Johnnie Sue Watts, Archbishop Oscar Lipscomb, Judge Michael E. Zoghby, Mr. John U. O’Brien, Dr. Yvonne Kennedy, Judge Jon F. Butler, Judge W. Brevard Hand, Mr. T. Massey Bedsole, Mr. Bob Grip, Judge Rosemary Chambers, Mr. John P. O’Brien, Mobile Sheriff Sam Cochran, Mr. James D. Sears, Judge Don Davis, Dr. William P. Taylor, Judge Henry A. Calloway, III, Mrs. Nann Worel, Dr. Bernard Eichold, Mr. Raymond O. Brazell, Ms. Casi Callaway, Mr. Patrick Guyton, Officer Steven Green, Mrs. Doris Littleton, Mr. Ken Megginson, Mr. Reggie Copeland, Corporal Michael Grandquest, Mr. Charles R. Diard, Jr., and last year’s recipient, Officer Justin Billa.
  • The Liberty Bell Award will be presented at the MBA Law Day Luncheon on Friday, May 17, 2019 at 11:45 a.m. at The Admiral Hotel. Nomination forms can be obtained from Ann Sirmon and/or on the MBA’s website. Please submit all nominations to Ann Sirmon at asirmon@mobilebarassociation.comon or before April 19, 2019.

May 3, 2019 Naturalization Ceremony 
·      11:00 a.m. at U.S.S. Alabama Battleship Memorial Park
·      The Honorable Jeffrey U. Beaverstock, Presiding
·      Guest Speaker: Congressman Bradley Byrne

May 7, 2019  – Law Day Helpline - 6:00 a.m. – 1:00 p.m. at Local 15 TV.  
  • We need volunteers to staff the phone lines during this annual Law Day Helpline. If you would like to volunteer for a time slot, please contact Tammy Anderson at
  • A special thanks to Eiland & Ritchie for sponsoring the Helpline.

May 17, 2019  – Law Day Luncheon - 11:45 a.m. at The Admiral Hotel
  • Please join us for the annual MBA Law Day Luncheon. The Liberty Bell Award will be presented to a well-deserving citizen, Law Day essay contest winners will be announced and awarded, and a speech will be given by a guest speaker.
By Weathers Bolt, Young Lawyers President:

The  YOUNG LAWYERS would like to thank  RENASANT BANK for a great March meeting at  EXCHANGE 202.  Renasant Bank was a new host this year, and we are grateful for their support.
The April meeting will be hosted by  BURR & FORMAN, LLP  on April 18, 2019 at  THE CHEESE COTTAGE , located at 650 St. Louis St.Mobile, AL, 36602. We look forward to seeing everyone on April 18th.  
We are currently working to improve our ability to communicate with the Bar. We have an active Facebook group ( Mobile Bar Association Young Lawyers ) and have recently started an Instagram account ( @Mobile_Young_Lawyers ). Please follow us to stay up to date on Young Lawyers events. We will also continue to send e-mails. If you are not receiving Young Lawyers e-mails and would like to, please e-mail me ( ), Vice-President Catherine Spann ( ), or Treasurer Blake Richardson ( ).
DIED: MBA Member  Thomas “Corky” Ollinger, Jr. , father-in-law of MBA Member  Erick Bussey , passed away on March 10, 2019.   Corky graduated from Murphy High School, Auburn University, and the University of Alabama School of Law.  He enjoyed friends, fellowship, painting, reading, volunteering, golf and tennis during his very active and fulfilled life.  He is survived by his wife, two daughters, two sisters, and one nephew.

BORN: MBA members  Alex Garrett and  Willis Garrett welcomed son Christopher Matthew Garrett on February 27, 2019.  Christopher joins big brother James.
In  Camacho v. Camacho , No. 2170998 (Ala. Civ. App., February 15, 2019), the Court of Civil Appeals held that because it was impossible to follow the trial court’s calculations as to what the husband had or had not paid, the trial court’s award of back alimony but no back child support was due to be reversed.
Building on a line of cases holding that one cannot sue a person already dead, the Court of Civil Appeals in Kelton v. Caldwell , No. 2170660 (Ala. Civ. App., February 15, 2019), held that a trial court lacked any subject matter jurisdiction to proceed in a matter in which the defendant had died prior to the filing of the lawsuit.

Distinguishing the case of  Frosolono v. Johnson , 198 So. 3d 514 (Ala. Civ. App. 2015), the Court of Civil Appeals in Littleton v. Wells , No. 2170948 (Ala. Civ. App., February 22, 2019), held that a trial court’s order determining a boundary line but requiring submission of a survey to accurately describe that line was nonetheless a final judgment capable of supporting an appeal.  On the merits, the appellate court held that even though the trial court had found in favor of one side without entering specific findings, the judgment be reversed in favor of the other side on the ground that the other side had presented incontrovertible evidence that it had adversely possessed the property in question.
Association of Legal Administrators – Mobile Chapter will hold its 2019 Managing Partners Breakfast. 
Guest Speaker: The Voice of Alabama Football and NASCAR Announcer – Eli Gold.
Date:  Tuesday April 30 th Time:  8:00 a.m. to 9:30 a.m.
Location:  Battle House Hotel – Moonlight Ballroom
Cost:  $40.00 includes Breakfast Buffet
Open to all attorneys and judges
RSVP: To Patty Risher:
 Or mail your check, made payable to Mobile Chapter ALA to: Patty Risher, Frazer Greene LLC, P.O. Box 1686, Mobile, AL 36633

Ronda Hendricks Loper is looking for the last will & testament of her father,  Sydney Ronald Hendricks . He died on August 5, 2009. If you have any information, her cell # is 251-605-3523. Feel free to leave a message. 

Burr & Forman announces the addition of associate  Blake Richardson to the Transportation & Maritime practice group in the firm’s Mobile office.  Richardson focuses his practice on insurance defense litigation, including motor vehicle/trucking defense, construction litigation and products liability defense.

Available: One large office room. Within walking distance of federal courts. 
Amenities: Receptionist, Polycom telephone, Internet, WIFI, Email, large color copier/scanner, street parking, lobby, and kitchen. Contact:  James M. Byrd at 251-438-2973. 

DOWNTOWN OFFICE SPACE AVAILABLE: Great location, two blocks from the courthouse in historic Church Street area. One large office downstairs and space for your secretary. Parking available. Conference room and kitchen. Within walking distance of our courthouse. Established firm.
If interested, please e-mail .

OFFICE FURNITURE FOR SALE: Cherry executive  attorney desk (leather top) & large credenza.


Alex F. Lankford, III
By: U S. Attorney's Office

James V. Roberts, Jr.
By: Honorable and Mrs. Judson Wells, Sr.
Please consider making a tax deductible donation to the Mobile Bar Foundation:

Name: ____________________________________________________________________________________
Address: __________________________________________________________________________________
Phone: _______________________________________ E-Mail: _____________________________________
YES, I want to make a donation to the Mobile Bar Foundation -
In honor/memory of: ______________________________________________________________________
Acknowledgement sent to:

Name ____________________________________________________________________________________
Address: __________________________________________________________________________________
YES, I want to become a member of the Mobile Bar Foundation -

__ Life member ($5000, can be paid in up to 5 annual installments
__ Sustaining Member ($100 or more annually)
__ Regular Member ($50 - $99 annually)
__ Member of MBA practicing 5 years or less ($25 - $99)
__ I would like more information on including the Foundation in my estate planning

I donate my gift of: $__________

Check: __________ (Please make checks payable to the Mobile Bar Foundation)
*Credit Card: Visa/Mastercard# __________________________________________________________________
Signature: _________________________________________________ Exp: ______________________________

Mail to: Mobile Bar Foundation, P.O. Drawer 2005, Mobile, AL 36652

* All credit card transactions will incur a $2.00 processing fee.
Upcoming Continuing Legal Education Opportunities
Mentoring Committee hosting Coffee with the Court
Discussion: Top 5 Practice Pointers for New Lawyers in our Court Room
Thursday, April 11, 2019
7:30 – 8:30 AM | 1.0 hour of CLE available credit
The Admiral Hotel
251 Government Street  |  Mobile, Alabama 36602

Mobile Bar Probate Section
Lunch and Learn - Updates from Probate Court
Thursday, April 18, 2019
12:00 PM – 1:00 PM | 1.0 CLE available credits
T. P. Crockmiers
250 Dauphin Street | Mobile, AL 36602

Mentoring Committee Lunch and Learn
Topic: Marketing your Practice in the Digital Age (i.e., Work Smarter, Not Harder)
Friday, April 19, 2019
11:00 AM – 1:00 PM | 2.0 CLE available credits
The Admiral Hotel
251 Government Street | Mobile, AL 36602
Thursday - April 11
Coffee with the Court hosted by Mentoring Committee
The Admiral Hotel

Thursday - April 11
Executive Committee Meeting
 The Athelstan Club

Friday - March 15
MBA Bulletin Articles Due
Thursday - April 18
Grievance Committee Meeting
The Athelstan Club

Thursday - April 18
Probate Section Lunch and Learn
T. P. Crockmiers

Friday - April 19
Mentoring Committee Lunch and Learn:
Marketing your Practice in the Digital Age
The Admiral Hotel

Listed below are members that are celebrating birthdays in April:
James Hunter Adams
Wesley Haas Blacksher
William P. Blanton
Joshua Benjamin Boone
Nathanie Austin Bosio
James Knox Boteler, III
David A. Boyett
Kasie M. Braswell
Jeanna Davis Chappell
Brennan Ross Clifton
Wanda J. Cochran
F. Luke Coley, Jr.
Andrew J. Crane
M. Donald Davis, Jr.
T. Jefferson Deen, III
Mignon M. DeLashmet
Daniel Asa Dennis, IV
Kristin Daniels Dukes
C. Mark Erwin
Cheryl Denise Eubanks
Jonathan Gerald Festa
Melissa Posey Furman
Walter Rody Gewin
Missty C. Gray
James Nathaniel Guin
Ashley S. Harris
Anthony Michael Hoffman
Russell Dean Johnson
Taylor Barr Johnson
Shirley M. Justice
Kathleen Cobb Kaufman
Colin Edward Kemmerly
Sujin Kim
Mary Carol Ladd
S. Gaillard Ladd, Jr.
Melissa Marie Lindquist-King
Thomas Matthew Loper
Jeffrey Lynn Luther
Robert P. MacKenzie, III
Philip Daniel Mahoney
Daniel L. McCleave
Anne Laurie Smith McClurkin
Jonathan Edward McConnell
William Christopher McDonough
Jason Daniel Miller
Patrick Glenn Montgomery
P. Russel Myles
Patrick L. Nelson
Terrie Seal Owens
John Day Peake, III
Linda Perry
John Casey Pipes
Lloyd Bratton Rainey, III
James Rebarchak
Sandra G. Robinson
Thomas Michael Rockwell
Edward Powell Rowan
Jeffrey Patrick Setterstrom
Bob Sherling
Michael David Sherman
James Dale Smith
Hendrik S. Snow
Domingo Soto
Sarah Hicks Stewart
Charles E. Tait
Jeremy Patrick Taylor
Joseph Dimmick Thetford, Jr.
Desmond Vaughn Tobias
Roger Wayne Varner
Kimberly C. Walker
Patrick J. Ward
William W. Watts, III
Margaret Younce Williams
Forrest C.Wilson, III
Mobile Bar Association | 251-433-9790 |