D. Brian Murphy, President |
|
April 2022
Volume XLVI, Issue 4
In This Issue...
Ann's Article...........................Page 2
CLEs......................................Page 3
Law Day.................................Page 5
Lawyer Wellness....................Page 5
Young Lawyers......................Page 6
Women Lawyers....................Page 6
Significant Decisions.............Page 8
Member Spotlight..................Page 8
SAVLP...................................Page 9
In the News...........................Page 10
Mobile Bar Foundation..........Page 12
Birthdays...............................Page 14
|
|
2022 OFFICERS
President - D. Brian Murphy
President Elect - Forrest S. Latta
Vice President - Raymond Bell
Secretary - Catherine S. Kirkland
Treasurer - Suntrease Williams-Maynard
Asst. Treasurer - Mary Margaret K. Bailey
Executive Director - Ann F. Sirmon
Editor - Tiffany Ray
|
|
There is no shortage of bad news being reported these days. Whether it is the war in Ukraine, violent crime in our community, inflation, or high gas prices, these issues dominate the airwaves. All of these topics are quite serious and deserve our attention, but I do not believe anyone reads this column looking for my insight on weighty issues of the day. So, rather than commenting on all the negativity, I will discuss some of the good things happening in our community and in the Mobile Bar Association.
The MBA has numerous sections and committees that are very active. Each performs functions and provides services that are beneficial to both our membership and the community as a whole. One of the more rewarding experiences as President has been becoming more involved with all of the sections and committees. It has afforded me the opportunity to interact and strengthen relationships with lawyers with whom I do not normally work in my everyday practice.
I recently attended a very informative Workers Compensation Section meeting led by Chairman Boyd Miller. All members of the WC Section will likely tell you that Boyd does a great job keeping everyone up to date on the latest changes in WC law. It was great to see such an active and engaged group working together to promote all aspects of this field.
I also met with Beth Rehm, who chairs our Lawyer Assistance Committee. Beth, along with last year’s chair, Hank Caddell, and the entire committee have worked hard to educate our members about the various resources available for those who may be struggling with addiction.
Ann Chapman and the Law Day Committee are working very hard to make this year’s Law Day celebration one to remember. Several events are already planned and will be discussed in next month’s bulletin.
Winston Grow and Davis Trice are leading the Mentoring Committee this year. This committee has been very active the past few years. This will no doubt continue under Winston and Davis’ leadership.
This year we asked our judges to serve as judicial liaisons for our sections. These judges will attend section meetings and interact directly with our members at the meetings. This has been very well received by our section chairs as well as the judges. The judicial liaisons are as follows: Judge Beaverstock-Federal Court Civil Practice; Judges Cheriogotis and Pipes-State Court Civil Practice; Judges Zack Moore and Phillips-Criminal Practice; Judge Calloway-Bankruptcy; Judge Honeycutt-Domestic Relations; Judge Windom-Workers Compensation; Judge Hambright-ADR; and Judge Davis-Probate.
As always, please send me any of your comments, concerns, or recommendations. It is my great pleasure to serve you as President and I am committed to making the MBA the best that it can be.
|
|
D. Brian Murphy
Mobile Bar Association, 2022 President
|
|
NO MEMBERSHIP MEETING IN APRIL |
|
You never know when your actions of giving back are going to inspire others or impact the Mobile Bar Association. It makes me think of a quote from Dolly Parton, who said: “If your actions create a legacy that inspires others to dream more, learn more, do more and become more, then, you are an excellent leader.”
Speaking of leadership and volunteerism, this past month, your President-Elect, Forrest Latta, and I had the pleasure of attending the ABA Bar Leadership Institute. The goal of the conference is to guide bar staff and volunteer leaders in their roles as stewards of their respective associations, focusing on bar governance, communications, and leadership. We took a deep dive on such items as creating constructive dialogue, understanding today’s media landscape, mastering your organization’s message, measuring impact, member engagement, and strategic planning. Other huge benefits of the conference were meeting bar leaders from across the U.S. and fostering ongoing relationships with bar leaders within the state of Alabama. It truly was a great learning experience and gave us a global perspective to help us serve MBA members and your changing needs for the next 100 years.
The Mobile Bar Association is YOUR association. Thank you for getting involved and volunteering. If you’re not involved? Please consider. We have lots of ways for you to get involved. You can give a little or a LOT. Regardless, the most important thing is to connect…learn…serve. It does the body and soul good!
We are always interested in hearing your thoughts and ideas about how to improve the Mobile Bar Association and our activities. Please feel free to contact me any time by phone at 251.433.9790 or by email at asirmon@mobilebarassociation.com. We are listening.
|
|
Executive Director
Mobile Bar Association
|
|
Domestic Relations Section CLE
Thursday, April 28, 2022 | 2:00 - 4:00 p.m.
Available CLE Credits: 2.0 | Cost: Free
HELD AT MOBILE GOVERNMENT PLAZA, COURTROOM 2500
During the CLE, Judges Sherman and Honeycutt will explain the recently adopted new Amendments to the Child Support Guidelines by the Supreme Court as well as address other issues impacting the Domestic Relations practice in Mobile.
|
|
UPDATE YOUR MEMBER PROFILE |
|
By Ann Chapman, Law Day Chair |
|
Law Day is coming soon! This year’s Law Day theme is Toward a More Perfect Union: The Constitution in Times of Change. Planning is underway, but we need your help:
-
Are you a parent to a K-12 student?– Please encourage your school-aged children to participate in our Law Day Essay and Art contest. The deadline to enter is Monday, April 4, so get those entries in before Spring Break!
-
Do you know an outstanding community member? – Please consider nominating an individual in the Mobile community whose service has strengthened the American system of freedom under law for the 2022 Liberty Bell Award. The deadline to submit a nomination is Friday, April 15.
For more information on contest and award rules and guidelines, click here to visit the MBA website and/or email Ann Chapman at achapman@starneslaw.com or Ann Sirmon at asirmon@mobilebarassociation.com.
|
|
By Alison Herlihy, Lawyer Wellness Co-Chair |
|
Lawyer Wellness has rescheduled its spring hike to Saturday, April 2, at 1 p.m. at Blakeley State Park. Two options will be available: a beginner-friendly 3-mile hike and an intermediate 6-mile hike. They will be led by MBA member Martin Poynter. Email Alison@herlihyfamilylaw.com if you would like to attend.
|
|
By Johana Gerheim, President |
|
Just a reminder that the May 6, 2022 Young Lawyers Charity Golf Tournament is just around the corner! If you would like to sign up to be a sponsor or enter a team, you can find the sponsorship/team entry form here, or you can email Robert Alexander at ralexander@hglawpc.com for more information. The proceeds from this year’s golf tournament will benefit Big Brothers, Big Sisters of South Alabama.
|
|
By Emily Killion, President |
|
I’m excited for the opportunity to serve as this year’s President. Serving with me on our 2022 Executive Board are:
2022 Executive Board
President - Emily Killion
Vice President - Christine Burns-Brown
Treasurer - Lauren Collinsworth
Secretary - Julia Shreve
Historian - Tiffany Ray
Trailblazer Committee - Tiffany Smith, Ginger Poynter, Margaret Enfinger
APRIL EVENT
Women Lawyers will host a Spring Social at Cheese Cottage starting at 5:30 p.m. on Tuesday, April 19, 2022, to give members a chance to hear from local candidates in the upcoming 2022 election. Hope to see you there!
We are also looking forward to hosting more regular gatherings this year, including monthly happy hours and our annual Trailblazer Tea and Networking Event. Stay tuned!
|
|
CIVIL DISCOURSE AND DIFFICULT DECISIONS |
|
By Judge P. Bradley Murray, U.S. District Court, Southern District of Alabama |
|
On Friday, March 4, 2022, a group of Youth Leadership Mobile high school and college students joined volunteer lawyers from the Mobile Bar Association at the U.S. District Court for an actual courtroom hearing experience on a timely issue. The program, Civil Discourse and Difficult Decisions, is a nationwide federal court initiative designed to provide students with sharpened tools for civil discourse and decision making.
Shortly after their morning arrival, volunteers lead students through a reality-check quiz to test their knowledge of situations that could put them in legal jeopardy. Students then create a civility self-reflection standard intended to prompt self-awareness and govern the civil discussion following the court hearing. During the court hearing, student jurors decide a contemporary Supreme Court case that has been modified with a set of facts applicable to their lives—here, a potentially threatening comment published on social media. Students also act as lawyers on each side of the case.
Volunteers guide the students throughout the half-day process. For our program on March 4, Henry Morrisette, Michael Wing, Judson Crump, Henry Brewster, Kasee Heisterhagen, and Justin Roller were our volunteer lawyers and were key to the successful program. We were fortunate to have more than lawyers on hand as volunteers and they, too, were fantastic: U.S. Probation Officer Melissa Rankin and Courtroom Deputy Maria Payne served as facilitators, and MBA Executive Director Ann Sirmon coordinated the entire effort and provided support.
The Civil Discourse and Difficult Decisions program is a valuable resource for all of us. We intend to conduct the program frequently; a second event already was held on March 22, 2022. Our need for skilled lawyer volunteers will continue, so please join us in the future as we connect with our community youth to help them develop critical communication and decision-making skills.
|
|
In Alabama State Bar v. Kaminski, Nos. 1200073, 1200074, 1200083 and 1200084 (Ala. February 25, 2022), the Supreme Court held that only a public reprimand was warranted as discipline for an attorney and a former district court judge who had concealed their affair while the judge took some actions in cases in which the attorney appeared as counsel of record. Reversing a suspension handed down by the Disciplinary Board of the Alabama State Bar, the Court held that there was generally a lack of evidence of any tangible, concrete injury resulting from the lawyers’ misconduct, and that the Board had additionally erred by not taking into account the imposition of other penalties and discipline as mitigating factors, including the district court judge’s resignation, loss of retirement benefits, and lost opportunity for student loan forgiveness.
In a case of first impression, the Supreme Court held in Stiff v. Equivest Financial, LLC, No. 1200264 (Ala. February 25, 2022), that a tax-sale purchaser was entitled to interest on an excess bid even when the tax sale was ultimately set aside for a reason other than the taxes not being due. According to the Court, despite the fact that the tax sale was void for not following statutorily mandated procedures (Stiff v. Equivest Financial, LLC, 325 So. 3d 738 (Ala. 2020)), the tax sale purchaser was still entitled to interest on its excess bid under Ala. Code § 40-10-76.
In Robert Louis Dill v. Douglas Dill, No. 1200814 (Ala. March 18, 2022), the Supreme Court upheld a will contest that, on its face, was improperly initiated under Alabama statutory law. While noting that generally under Ala. Code § 43-8-199 a will contest may only be commenced directly in a circuit court when the will has already been admitted to probate, the Court deemed such a will contest commenced in the probate court properly filed because the relevant probate court (Jefferson County) possessed concurrent equity jurisdiction.
|
|
Jim Yance, right, took up competitive team roping at 62 and has won numerous awards in competitions across the country. |
|
MBA member Jim Yance stepped away from his full-time law practice in 2003 after three decades with Cunningham, Bounds, Yance, Crowder, and Brown, LLC, as it was then known, to spend more time training horses on his 250-acre ranch in Baldwin County. But eventually he found that, as a longtime attorney and former athlete, he wanted to do something competitive with his horses. He discovered competitive team roping on television one day and was hooked. Yance asked around and found a Baldwin County couple active in team roping and they invited him over to learn. Soon after, he traveled to Texas for formal training at the National Roping Supply Training Center. “I’d never even picked up a rope—that kind of rope—until I was 62,” he says.
Yance entered his first roping competition in Decatur, Texas, in 2010 and won fourth place. The following year, he earned his first U.S. Team Roping Championship “buckle”—the roping equivalent of a trophy or medal—in the South Alabama Team Roping Championship. “I couldn’t get my head through the door the next day I was so excited,” he recalls. Yance has earned a bevy of buckles since then in competitions from Utah to North Carolina, and, at 75, he has no intention of slowing down. Yance opts for “team roping,” in which two riders work together as “header” and “heeler” to rope first the head, then the hind feet, of a hard-running steer.
Yance has always been an outdoorsman: He is an avid hunter and fisherman and is a former member of the boards of the State of Alabama Forever Wild Land Trust, the Alabama Wildlife Federation, the Rocky Mountain Elk Foundation, and Ducks Unlimited. Yance says team roping combines his fondness for horses, competition, and speed, and like most rodeo events, it evolved from the traditional work of ranchers and cowboys. Plus, in the world of team ropers, every day is different: “One day you go out there to rope and everything’s working great. The next time you compete it’s like you got started a week ago and nothing’s working right,” Yance says. “It’s very humbling.”
If you have a suggestion for a future Spotlight, please contact:
|
|
The danger of frost is (hopefully!) behind us in Southwest Alabama and days are growing longer. Before you can say “pollen” it will be graduation time, and we will send another crop of high school seniors out into the world, headed to universities, new jobs, and new adventures. We all know that capable and world-ready young adults don’t just sprout overnight. Each person who walks across the stage in May will be a composite of countless experiences and challenges—some planned, some serendipitous, some tragic, and some uplifting. We also know that, when it comes to nurturing young minds, the earlier we begin the better. And yet, we cannot insulate them from life’s difficulties; we can only hope that the adversities they face make them stronger.
At last year’s United Way Campaign Kickoff in Baldwin County, keynote speaker Andy Andrews discussed his book “The Butterfly Effect” and how our tiniest decisions often turn out to be a causal link in a grand chain of events we cannot even fathom. He wasn’t advocating constant vigilance or bemoaning futile efforts, or even suggesting a right or wrong path (because in many cases the result is not something we may know or even see in our lifetimes). Instead, he was saying that no matter where or how we toil in life, we and our efforts matter. We are connected.
This month we would like to dedicate our page to our 2022 SAVLP Board as well as our February volunteers. These lawyers, and our entire roster of volunteer attorneys, are the constant gardeners of our local judicial system. They tend gardens that aren’t theirs to harvest and sow seeds that they may never see grow into trees but that will provide shade for generations to come.
2022 SAVLP Board of Directors
|
|
March Honor Roll
(Lawyers who accepted cases or worked an advice clinic in previous month.)
Jaime W. Betbeze
Billy Cunningham
Peter F. Burns
J. Craig Campbell
Lewis W. Carter III
William G. Chason
Jacqueline Fleming-Brown
Kyla G. Kelim
Peter S. Mackey
S. C. Middlebrooks
Tyler W. Thull
Jessica L. Welch
Upcoming Events Needing Volunteers:
Thursday, April 14 - Monthly Civil Advice Clinic at the Mobile County Courthouse
Tuesday, April 26 - Augusta Evans School Guardianship Clinic
|
|
There is still time to register your law firm or legal organization to participate in the 2022 Alabama Legal Food Frenzy! If you’re unfamiliar, the Food Frenzy is the Alabama State Bar’s annual fundraiser supporting food banks across the state. This year’s event kicks off April 4 and runs through April 15.
One in four Alabama children struggles with food insecurity, meaning they lack reliable access to enough food for a healthy, active life. And the economic effects of the Covid-19 pandemic have created new pressures for many families. The Food Frenzy gives Alabama’s legal community the opportunity to join together to help meet these needs. In South Alabama, donations will support Feeding the Gulf Coast.
The Food Frenzy is structured as a friendly competition. To participate as a group, click here to sign up your firm, organization, department, or office. Individuals can donate online through April 15, crediting their donation to their law firm or legal organization. When the Frenzy ends, awards for the top fundraisers will be presented by category (sole practitioner, small/medium/large firm, legal organization). The team that raises the most money per employee will win the Attorney General’s Cup.
Last year’s Food Frenzy raised more than $55,000 statewide—a new record. Let’s see if we can do even better this year! If you have any questions about the Food Frenzy, contact Tiffany Ray at tiffany@taylormartino.com.
|
|
Congratulations to MBA members Catherine “Cat” Kirkland and Koby Kirkland on the birth of Claire Kirkland! Claire arrived March 17 at 8 lbs., 4 ounces, and is little sister to Ben, 5, and Sam, 4. Mom and Claire (and the rest of the Kirkland family) are doing well! |
|
The following applicants applied and were approved for membership by the Mobile Bar Association. They were welcomed into the Mobile Bar Association on Friday, March 25, 2022.
-
Matthew C. Butler, graduated from the University of Alabama School of Law in 2011, admitted to the Alabama State Bar in 2011, and is employed with Silver, Voit & Garrett.
-
Andrew Scott Herring, graduated from Cumberland School of Law in 2010, admitted to the Alabama State Bar in 2010, and is employed with the Mobile County District Attorney’s Office.
-
Jay D. King, graduated from the University of Mississippi School of Law in 2000, admitted to the Alabama State Bar in 2021, and is employed with the Law Office of King & King.
-
Jennifer T. King, graduated from the University of Memphis Cecil C. Humphreys School of Law in 2002, admitted to the Alabama State Bar in 2021, and is employed with the Law Office of King & King.
|
|
The United States District Court for the Northern District of Florida is currently accepting applications for a part-time United States magistrate judge position to be resident in the Gainesville division of the court. Additional details regarding the position and the application process are available on the court's website at www.flnd.uscourts.gov or by clicking here. Applications must be received no later than May 13, 2022.
DOWNTOWN OFFICE SPACE: 209 N. JOACHIM STREET IN HISTORIC DETONTI SQUARE. Available: One large office upstairs, one large office downstairs, and one small office downstairs, including secretarial space. Within walking distance of federal courts. Amenities: Receptionist, VOIP telephone, internet, WIFI, email, fax machine, large color copier/scanner, onsite parking, lobby, conference room and kitchen. Contact NICOLE ROBERTS (nicole@evanscrowe.com) or EVANS CROWE (crowe@evanscrowe.com) at 251-431-6011.
Donny Radcliff is pleased to announce the formation of Radcliff Law Firm LLC and will continue his legal career at 113 Ridgelawn Drive East, Mobile, AL 36608. He can be contacted by phone at 251.751.5532, by email dradcliff@radclifflawfirm.com, or through the firm’s website at www.radclifflawfirm.com.
Starnes Davis Florie LLP welcomes attorney Kirby Howard to the firm’s Mobile office. Kirby is a partner with the firm and has been practicing law for over 15 years in Mobile, Alabama.
|
|
SUPPORT THE FOUNDATION THROUGH AMAZONSMILE |
|
Shop at smile.amazon.com and Amazon will donate 0.5% of eligible purchases to the Mobile Bar Foundation with no fees or extra cost to you. Click here to learn more about AmazonSmile.
|
|
MOBILE BAR FOUNDATION DONATION FORM |
|
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.
|
|
Saturday, April 2
Lawyer Wellness Hike
Monday, April 4
Deadline for Law Day Art & Essay Contest Submissions
Thursday, April 7
Executive Committee Meeting
Thursday, April 14
Inn of Court
Friday, April 15
May Bulletin Articles Due
Friday, April 15
Deadline for Liberty Bell Award Nominations
|
|
Tuesday, April 19
Women Lawyers Spring Social
Thursday, April 21
Grievance Committee Meeting
Thursday, April 21
Metro Bar CLE
Thursday, April 28
Domestic Relations Section CLE
Thursday, April 28
Young Lawyers Social
|
|
|
Listed below are members who celebrate a birthday in April. |
|
Wesley Haas Blacksher
Joshua Benjamin Boone
Nathaniel Austin Bosio
Knox Boteler
David A. Boyett
Kasie M. Braswell
Ann Chapman
Wanda J. Cochran
F. Luke Coley, Jr.
Andrew J. Crane
M. Don Davis, Jr.
T. Jeff Deen, III
Mignon M. DeLashmet
Kristin Daniels Dukes
C. Mark Erwin
Jonathan Gerald Festa
Walter Rody Gewin
James Nathaniel Guin
Anthony Michael Hoffman
Christopher G. Hume, III
Russell Dean Johnson
Taylor Barr Johnson
Shirley M. Justice
Kathleen Cobb Kaufman
Colin Edward Kemmerly
Mary Carol Ladd
S. Gaillard Ladd, Jr.
Melissa Marie Lindquist-King
Thomas Matthew Loper
Jeffrey Lynn Luther
William M. Lyon, Jr.
Robert P. MacKenzie, III
Philip Daniel Mahoney
Margaret Ann Mahoney
|
|
Aaron Nicholas Maples
Daniel L. McCleave
Anne Laurie Smith McClurkin
Jonathan Edward McConnell
William Christopher McDonough
Patrick Glenn Montgomery
P. Russell Myles
Daya Naef
Patrick L. Nelson
Terrie Seal Owens
Kathryn Oline Perera
James Rebarchak
Sandra G. Robinson
Thomas Michael Rockwell
Edward Powell Rowan
Jeffrey Patrick Setterstrom
Michael David Sherman
Lindsey O'Dell Simmons
James Dale Smith
Hendrik S. Snow
Domingo Soto
Donald J. Stewart
Sarah Hicks Stewart
Jeremy Patrick Taylor
Joseph Dimmick Thetford, Jr.
Desmond Vaughn Tobias
Lanice L. Turrens
Roger Wayne Varner
Kimberly C. Walker
Patrick J. Ward
William W. Watts, III
Forrest C. Wilson, III
Douglas M. Wilson
|
|
|
|
|
|
|
|
