Forrest S. Latta, President

December 2023

Volume XLVII, Issue 12

In This Issue...

Ann's Article............................Page 3

CLEs.......................................Page 5

Lawyer Assistance..................Page 7

Young Lawyers........................Page 8

Women Lawyers......................Page 9

Significant Decisions................Page 10

SAVLP......................................Page 11

In the News..............................Page 13

Mobile Bar Foundation.............Page 15

Birthdays..................................Page 18

  2023 OFFICERS

President - Forrest S. Latta

President Elect - Raymond L. Bell, Jr.

Vice President - Judge Judson W. Wells, Sr.

Secretary - Gordon G. Armstrong, III

Treasurer - Mary Margaret K. Bailey

Asst. Treasurer - Brian K. Smithweck

Executive Director - Ann Forbes Sirmon

Editor - Tiffany Ray

President’s Message

Mark your calendars for next week, Friday, December 8, to attend our Annual Holiday Luncheon and Social beginning at 11:00 a.m. with eggnog, wine, and bright spirits. (Be sure to register now!) The December luncheon is when we award Mobile Bar Foundation grants, recognize Volunteer Lawyer winners, and honor our Past Presidents.

Register also for the one-day Bench & Bar Conference on December 15 featuring an outstanding CLE program as well as a Judicial Round Table open to all attendees. Our CLE Committee has again done a great job.

I cannot over-stress the importance of the Mobile Bar Foundation, our philanthropic arm. I will have more to say about the Foundation below, but first let me thank current Mobile Bar Foundation President Karlos Finley and the Foundation’s board members: Bryan Comer, John Crowley, Sarah Dorger, Ben Ford, Judge Shelbonnie Hall, Judge Brandy Hambright, Brian Murphy, and Gaby Reeves. John Leech, Raymond Bell, and I serve ex officio. Space does not allow me to list the things Karlos has accomplished for the Foundation this year, but suffice it to say, we all owe him our appreciation.

Congratulations to our new MBA officers for 2024: Raymond Bell (President), Judge Judson Wells (President-Elect), Mary Margaret Bailey (Vice-President); Jenna York (Secretary), Brian Smithweck (Treasurer), and Gordon Armstrong (Assistant Treasurer). Our association is in good hands.

Let me remind everyone that the MBA is a voluntary association. Our roster stands at just over 1,000, and most of those are career members. Each member is important. And each of us would likely agree that the day we became members of this historic association was one of our proudest. Nevertheless, there are a few Mobile attorneys who are not MBA members and whom we would be proud to welcome into our ranks. The MBA is the standard-bearer for our profession locally and offers many valuable benefits. For example, the MBA is the mechanism through which we collectively celebrate one another’s milestones and mourn our losses. Like most professional associations, the MBA has a longstanding tradition of distributing news of members’ achievements and of members’ deaths. People occasionally are disappointed when the MBA does not recognize the passing of non-members. But it is the MBA’s—and most professional associations’—longstanding policy that such benefits accrue to members only. Membership matters. If you know someone who is not already an MBA member, please invite them! We would be honored.

Click here and take a moment to read a summary of the recently adopted Strategic Plan. Thanks again to each committee member who gave time to this endeavor: Evan Allen, Raymond Bell, Weathers Bolt, Brian Murphy, Judge Spiro Cheriogotis, Kasee Heisterhagen, Alison Herlihy, Victoria Shoots, Lewis Shreve, Judson Wells, Jenna York, and Brie Zarzour. Their goal was not to break anything that is working but to identify ways we can better help our members be successful in a changing environment. As expected, there were many good ideas.

A message to our Section and Committee Chairs: Reports are due under the by-laws. This has been an excellent year for Section/Committee activity. We have a Section or Committee for everyone, with opportunities to grow and make connections. If you have not responded to the 2024 Committee Preference form, here is a link: https://mobilebarassociation.com/page/committeeinterest.

I believe I speak for President-Elect Raymond Bell when I say your responses will be appreciated as he considers committee/section appointments for the coming year.

I hope you will sign up for the special Lawyers for Liberty program that will pay you to serve as a poll official during the 2024 election cycle PLUS give you CLE credit. The state seeks one lawyer for each voting precinct (there are 80 precincts in Mobile County) in exchange for 4 hours of CLE credit and payment of $150-200/day. This is an important and noble public service. There are multiple elections next year, starting with the March 5 primary. For more information on the Lawyers for Liberty program, please read page 13 of this issue of the Bar Bulletin.

A quick and easy way to help the MBA? Like and follow the Mobile Bar Association’s social media pages. Our staff does an excellent job with them, and they are an easy way to keep up with and share all the activity and good works of our Association.

As with any non-profit, our Association’s backbone is its Executive Committee, and we have a good one. I personally want to thank these 2023 Executive Committee members: Gordon Armstrong, Mary Margaret Bailey, Raymond Bell, Sarah Dorger, Kristin Dukes, Matt Griffith, Fred Helmsing, Edwin Lamberth, Bill Lancaster, John Leech, Suntrease Maynard-Williams, Jessica Milling, Brian Murphy, Steve Nicholas, Tiffany Ray, Jim Rebarchak, Brian Smithweck, Maxine Walters, and Judge Judson Wells.

Lastly, let me thank our Executive Director, Ann Sirmon, who is an asset to our Association. Ann is one of the most positive, creative, and organized people I have known, and she’s fun to work with. She spends every day thinking up ways to help us.

Modeling Success (Giving)

Some of you know the feeling you get when you rise to speak in a crowded courtroom. Or the honor of arguing before the Supreme Court. Or the excitement of closing a major deal. Or the poignancy of meeting an older couple to hear their final wishes. Perhaps you know the satisfaction of a great court victory. Or filing a powerful brief. Or helping with an adoption. Or your first big verdict, settlement, conviction, or acquittal. These are all measures of success.

Twenty-nine years ago, Richard (Dick) Bounds, a past MBA President and great lawyer, showed us how to model success. It is giving. It was Dick’s idea in 1994 to create the Mobile Bar Foundation, to which he contributed the first major gift. In 2024, we will celebrate the Foundation’s 30th Anniversary. And next week, on December 8, we get to express our members’ generosity by presenting awards to the 2023 Foundation grant winners. And yet, our Association could do so much more.

You don’t have to be rich. Each of you is successful on some level. Many of you—and I confess I have been guilty of this, too—may not have thought much about what the Foundation means for our profession in our community. Let me encourage you, as part of your 2023 year-end planning, to make a financial gift to the Mobile Bar Foundation. Small or large, every donation helps build on the tradition begun by Dick Bounds and carried on by other members over the last 30 years. Growing our Foundation should be a collective goal, and it could easily be the single greatest thing we do together. Let us do it for Dick, for our profession, and for our community. Click here and donate to the Mobile Bar Foundation today!

Serving you as MBA President has been a great honor. I hope to see you on December 8 when we celebrate the season and raise a glass to new President Raymond Bell. Thank you!

Forrest S. Latta

Mobile Bar Association, 2023 President

Join us at 11:00 AM for our annual Membership Appreciation Social. 

Luncheon starts at 12:00 PM.

During the luncheon, we will: 

• Honor Mobile Bar Past Presidents
• Present Mobile Bar Foundation Grants
• Present South Alabama Volunteer Lawyer Awards
• Pass the gavel to the Mobile Bar Association 2024 President Raymond Bell
• Toy Drive - We will collect unwrapped new toys for the Toys for Tots Drive. 



Sponsor for the December Luncheon is Danco/Accupoint Labs.

ADVANCE REGISTRATION DEADLINE IS MONDAY, DECEMBER 4, 2023.

In December, families will gather in kitchens and dining rooms, on front porches, and in back yards. We will give thanks for the bounty we are blessed to receive thanks to the hard work of farmers who took the risk and brought in the harvest—planting, plowing, betting on the weather, and providing a crop that is safe, affordable, and available for our kitchen tables—as well as the hands of our loved ones who prepare this bounty for our benefit.

It reminds me of the Mobile Bar Association. Our MBA family encompasses attorneys, law firms, court personnel, pro bono staff and services, law firm personnel, clients, and others who provide support in some way during the legal process. Our MBA family also includes MBA members who serve on our committees and sections, especially our Executive Committee members and our President, Forrest Latta. Together, they work tirelessly in the best interests of you, the legal profession, and the Mobile Bar Association. I think we would all say our MBA family is important to us. As a family, we work together, offer an encouraging word, problem-solve, and listen to each other. Let’s keep our legal community close and approach everything we do with gratitude and resolve. The new year is not far away. Thank you for your support and a great 2023! I look forward to the many opportunities that will greet us in 2024.

Reminders:

• Toys: We are collecting toys for Toys for Tots through Friday, December 8, 2023. You can drop them off at MBA Headquarters or at the December Holiday Luncheon.
• Bench and Bar: Please join us for Bench and Bar, slated for Friday, December 15, at the Riverview Plaza Hotel. This year’s event is a scaled-down version of the CLE. It will continue to provide lawyers and judges practicing in Mobile County with quality continuing legal education, as well as opportunities to network with fellow attorneys.
• To get the MBA Member Rate: Please sign in to your profile before registering for an event. If you are a member of the Mobile Bar, you already have a profile on the website. For signing in, you have a username and password. You can reset your password at any time. If you do not know your log-in credentials, please contact MBA headquarters, as we are happy to assist. Also, make sure your legal assistant has access to your log-in credentials.
• Update your MBA Profile: Your log-in credentials also give you access to update your member profile at any time. Please help us by keeping your information regarding employment, phone number, email, and professional & personal addresses as up to date as possible. We maintain the website with more than 1,100 member records on a daily basis, so your assistance is greatly appreciated.
• CLEs with MBA: If you have attended a CLE with the Mobile Bar Association during 2023, your credits have been reported to the Alabama State Bar. Please check your profile with the Alabama State Bar to make sure they are posted. If your CLEs are not posted, please contact Jeffrie Morgan by email at jmorgan@mobilebarassociation.com so we can work on fixing the matter.
• 2024 Membership Dues: Invoices will be emailed to members the first week in January. Please be on the lookout for them.

Happy holidays,

Ann

P. Ann Forbes Sirmon

Mobile Bar Association, Executive Director

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Workers Compensation Section Lunch and Learn

Monday, December 4, 2023 | 12:00 - 1:00 p.m.

Available CLE Credits: 1.0 | Cost: $18.00 for lunch or free without

LOCATION: ATHELSTAN CLUB

Speaker Jonathan Sholtis will discuss Ex Parte Publix Hearings in Workers' Compensation cases.

Women Lawyers Lunch and Learn

Tuesday, December 5, 2023 | 11:45 a.m.

Available CLE Credits: 1.0 | Cost: $18.00 for lunch or free without

LOCATION: FEDERAL COURTHOUSE JURY ASSEMBLY ROOM

Topic: Probate Law for the Non-Probate Lawyer, with Mark Erwin and Ginger Poynter. 

RSVP to Tiffany Ray at tiffany@taylormartino.com.

EARLY BIRD REGISTRATION DEADLINE IS

MONDAY, DECEMBER 11, 2023.



JOIN US! GET A JUMP START ON CLES FOR 2024.

During the Bench and Bar Conference, you will have an opportunity to:

• Spend one-on-one time with area judges
• Earn CLE credits: 3.5 General + 1.0 Ethics
• Network with others in the legal profession
• Visit table vendors
• It's our last in-person CLE for 2023!

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THE MOBILE BAR ASSOCIATION ANNOUNCES

2024 SLATE OF OFFICERS VOTED ON AND APPROVED

During the November Membership Luncheon, the 2024 Slate of Officers was voted on and approved by the members present. Congratulations! The officers will take office on January 1, 2024.

They are:

President-Elect - Judge Judson W. Wells

Vice President - Mary Margaret K. Bailey

Secretary - Jenna J. York

Assistant Treasurer - Gordon G. Armstrong, III



Officers automatically rolling up are:

President - Raymond L. Bell, Jr.

Treasurer - Brian C. Smithweck

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LAWYER ASSISTANCE

By Ben Kearns, Lawyer Assistance Chair

Year in Review: New Year’s Resolutions – Dry January – Many Thanks to This Year’s Committee!

An Outline for Those Having Trouble Making New Year’s Resolutions

As you consider your New Year’s resolutions this holiday season, I urge you to put personal well-being at the top of the list. The ABA National Task Force on Lawyer Well-Being stated in its 2017 report that lawyer well-being is part of the ethical duty of competence.

(1) Specifically, it emphasizes that well-being is multidimensional and includes:

1. Engagement in interesting activities;
2. Having close relationships and a sense of belonging;
3. Developing confidence through mastery;
4. Achieving goals that matter to us;
5. Finding meaning and purpose; and
6. Building a sense of autonomy and control, self-acceptance, and personal growth. (2)

If you are having trouble choosing a resolution for 2024, maybe these elements can inspire you to support your duty of competence by prioritizing personal well-being.

Dry January

If drinking less is on your New Year’s resolution list, you can start 2024 strong by taking a month off from alcohol. If you are concerned that you need to become a hermit to avoid drinking for an entire month, rest assured that many people enjoy water and club soda with lime at dinners and networking events. Dry January has become widespread since 2013, and you might find that you are not the only one abstaining when you go out. Whether drinking less is on your list or not, please consider joining the MBA in abstaining from alcohol this January.

Great Year for the MBA Lawyer’s Assistance Committee

Special thanks to this year’s committee, which made significant contributions to lawyer well-being, including a number of very special articles about health and wellness. In particular, I would like to thank Beth Rehm, Hank Caddell, Irvin Grodsky, Michael Smith, and Don Beebe for their help and contributions. We look forward to a very productive 2024!



The MBA Lawyer’s Assistance Program Committee wishes you great health and wellness in the new year!!!

(1) The National Task Force On Lawyer Well-Being, “The Path to Lawyer Well-Being: Practical Recommendations For Positive Change,” August 2017, https://lawyerwellbeing.net/wp-content/uploads/2017/11/Lawyer-Wellbeing-Report.pdf, at 9.

(2) Id. At 10.       

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YOUNG LAWYERS SECTION

By John Leech, Young Lawyers President

The last Young Lawyers Social of 2023 will be held December 7 from 5:30–7:30 PM at The Royal Street Tavern (26 N. Royal St.), sponsored by Rimkus. All lawyers and staff are welcome to attend.

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WOMEN LAWYERS

By Tiffany Ray, Women Lawyers President

Happy holidays! A lot is happening in the MBAWL – here’s the latest:

LAST CLE OF 2023

You are invited to join the MBA Women Lawyers for our final CLE of the year Tuesday, December 5, starting at 11: 45 a.m. 

Mark Erwin, Chief Clerk of the Mobile County Probate Court, and Ginger Poynter will present “Probate Law for the Non-Probate Attorney” in the jury assembly room of the federal courthouse, 155 St. Joseph Street.

The cost is $18 for lunch, or free if you’d prefer to bring your own. The event is eligible for 1 CLE credit. To RSVP, email me at tiffany@taylormartino.com. Hope to see you there!

GET INVOLVED!

Women Lawyers will usher in a new executive board in 2024, and our 2024 Trailblazer Planning Committee will begin work on the MBAWL’s signature event. If you’re interested in joining either the board or the committee, email me at tiffany@taylormartino.com. If you’re not yet a member of MBAWL but would like to join, let me know that, too. The more the merrier!

WHY MBAWL MEMBERSHIP IS IMPORTANT

Arebella Mansfield cut a new path for women in 1869 when she became the first female admitted to a state bar in the United States. But a century later, in 1970, women made up only 3 percent of lawyers nationwide.

A lot has happened since then. For the last quarter century, women have comprised about half of all U.S. law school students, and their enrollment has actually outpaced men’s since 2016. Still, women continue to account for only 22 percent of equity partners in U.S. law firms, according to a recent ABA report. The macro data is clear: although women lawyers have made tremendous strides in our lifetimes, we remain largely excluded from the highest levels of power. There are trails yet to be blazed.

The MBAWL provides a mechanism for women lawyers—and our allies—to meet, build personal and professional relationships, talk about the challenges we’re facing, celebrate our successes, and help out each other.

Founded in the 1970s as an informal meeting group for Mobile’s handful of women lawyers, the MBAWL continues the tradition of supporting women lawyers on a larger scale. Our after-work socials and lunch CLEs have enabled members to make contacts, meet with candidates for local public office, learn, and have fun. Our most popular event, the annual Trailblazer Tea, honors women who have made inroads to achievement that benefit the entire legal community. And next year, MBAWL is planning a new half-day CLE to help members hone their trial skills.

Together, we can increase the number of women in equity partnerships, on the bench, and in leadership positions locally and statewide. We can make the legal profession more inclusive and, in doing so, help our Mobile bar attract new young lawyers and better serve our community.

If you have any questions about membership, feel free to email me at tiffany@taylormartino.com. 

For additional statistics on women in the legal profession, check out these ABA resources:

• https://www.americanbar.org/content/dam/aba/administrative/news/2023/potlp-2023.pdf
• https://www.americanbar.org/content/dam/aba/administrative/women/2023/parenthood-report-2023.pdf
• https://www.supremecourt.gov/visiting/exhibitions/LadyLawyers/Default.aspx

THANK YOUS

I’d like to close out the year with a shout-out to our fantastic 2023 board members—Vice President Christine Burns-Brown, Treasurer Ginger Poynter, Secretary Taylor Johnson, and Historian Kelly Adams—and our diligent Trailblazer Planning Committee: Valynda Jerome-Williams, Margaret Enfinger Pace, Jenna Jayjohn York, and Tiffany Smith. Thanks to all the new member who joined MBAWL this year, and thanks to everyone for coming together to support women in law. I’ve been honored to serve as this year’s MBAWL President, and I look forward to seeing you all next year!

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In Kennedy v. Jessie, No. SC-2022-0982 (Ala. October 27, 2023), the Supreme Court held that a plaintiff mother’s second action against a defendant driver was barred by res judicata. Although the trial court’s previous order dismissing the plaintiff’s claims for want of prosecution had been silent as to whether such dismissal was with or without prejudice, the Supreme Court held that dismissal for want of prosecution under Ala. R. Civ. P. 41(b) operates as an adjudication upon the merits unless otherwise specified in a trial court’s dismissal.

In Price v. Alabama One Credit Union, No. SC-2022-1013 (Ala. October 27, 2023), the Supreme Court held that a plaintiff could not avail himself of the general tolling period available to claims for fraud. According to the Court, and pursuant to Ala. Code § 6-2-3, the limitations period for a fraud claim did not begin to run upon the plaintiff’s actual knowledge of fraud, but rather when the plaintiff was privy to facts which would “provoke inquiry in the mind of a person of reasonable prudence, and which, if followed up, would have led to the discovery of the fraud.” In the present case, this occurred when the plaintiff, who had sold certain business and real property interests believing that the same would be ultimately purchased by a third party, had first discovered irregularities in the transaction and made inquiries regarding the same.

In Perez v. Roman’s Restaurant, L.L.C., No. SC-2023-0338 (Ala. November 9, 2023), the Supreme Court held that an uncle lacked standing to bring an action on behalf of his deceased nephew against a nightclub owner under both the Civil Damages Act (Ala. Code § 6-5-70) and the Dram Shop Act (Ala. Code § 6-5-71). While the uncle argued that he had been left “in charge” of his nephew by his nephew’s father, who had left the United States for Honduras, the Court found that (i) for purposes of the Civil Damages Act, the uncle did not stand in loco parentis of the deceased, who was 19 years old, employed full time, and paying his own rent; and (ii) for purposes of the Dram Shop Act, the uncle presented no evidence that he had lost any means of support from the deceased.

In McMurray Contracting, LLC v. Hardy, No. SC-2023-0287 (Ala. November 3, 2023), the Supreme Court held that a defendant contractor could not compel arbitration pursuant to a contractual arbitration clause. After having an initial motion to compel arbitration denied by the Baldwin County Circuit Court, a defendant contractor reasserted its motion to compel arbitration based on express contractual language in answer to an amended complaint filed by plaintiff homeowners. When the Circuit Court again denied the motion, the defendant contractor appealed to the Supreme Court. According to the Court, and consistent with Ala. R. App. P. 4(d), the initial order denying the motion to compel arbitration was a final, appealable judgment. As more than 42 days had elapsed since such final judgment, the contractor had lost the ability to appeal.

In Hyundai Construction Equipment Americas, Inc. v. Southern Lift Trucks, LLC, No. SC-2023-0109 (Ala. November 13, 2023), the Supreme Court held that a party had not been afforded due process in relation to a contempt petition. Reversing the judgment of the Washington County Circuit Court, the Supreme Court held that a party previously accused of contempt was deprived of due process when the submission of new material allegations to the trial court fewer than thirty (30) minutes before the contempt hearing was allowed. According to the Court, the accused party was not provided sufficient notice of the new allegations to contest them, was not given the opportunity to call witnesses and confront accusers in response to the new allegations, and was not allowed to give testimony relevant to the issues of exculpation or extenuation of the offenses allegedly committed.

In Dixon v. City of Auburn, No. SC-2022-0741 (Ala. October 27, 2023), the Supreme Court held that a homeowner did not possess a pre‑existing, lawfully established right to the non-conforming use of the home’s basement for short-term rentals through platforms including VRBO and Airbnb. As the City’s zoning ordinance had, at all times relevant, presumptively prohibited short-term rentals in neighborhood-conservation districts by not specifically enumerating them as a permitted use, the homeowner had never possessed a lawfully established pre-existing non-conforming use. Further, although the homeowner provided evidence that the City had previously collected lodging taxes on short-term rentals from Airbnb, the Supreme Court held that the City was not equitably estopped from enforcing its zoning ordinance, as the City’s agreement with Airbnb explicitly did not constitute a waiver of the provisions of any other law or ordinance.

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Please join SAVLP in celebrating the 2023 Volunteers of the Year!

This year’s honorees are:

Gilbert B. Laden, Esq., who will receive the Mobile Bar Association Ben Kilborn Volunteer Lawyer of the Year Award and John G. Roach, III, Esq., and Lynn Biles, recipients of the Margaret F. Demeranville Award.

The Ben Kilborn Award recognizes an attorney who shows outstanding commitment to volunteer legal services and whose accomplishments are exceptional. This year, SAVLP celebrates Gil Laden, a decades-long volunteer, for his extraordinary dedication and service. In addition to the valuable pro bono assistance he provided SAVLP clients in 2023, Gil has donated approximately 1,000 hours during his tenure as a SAVLP volunteer. 

The Margaret F. Demeranville Award honors service that reflects a true commitment to equal justice. This year, SAVLP recognizes the remarkable efforts of John Roach, Vice President of the Baldwin County Bar Association, and Lynn Biles, the association’s Executive Director, to connect volunteer attorneys to pro bono opportunities in Baldwin County. Their tireless work enabled SAVLP to greatly expand its services to clients across the Bay.

Thank you and congratulations, Gil, John, and Lynn!

A special thank you to Gil Laden for speaking to families about Social Security issues at the Augusta Evans School’s annual Parenting Day meeting. Stay tuned for opportunities to volunteer with SAVLP at the Augusta Evans Guardianship Clinic in Spring 2024!

The following attorneys accepted or closed cases in the third quarter: J. Daniel Barlar, Jr., Jaime W. Betbeze, Christina M. Bolin, Leigh Margaret Bostic, Knox Boteler, Henry H. Brewster, K. Paul Carbo, Jr., Annette Carwie, Utopia C. Cassady, Meegan B. Colclough, F. Luke Coley, Jr., R. Jason Crane, Judson E. Crump, Ashley S. Day, Forrest B. Drinkwine, Page S. Ellis, Jacqueline Fleming Brown, Charles J. Fleming, Erin Fleming, Benjamin Y. Ford, Lawrence F. Gardella, George C. Gaston, W. Kayla Graben, Jon A. Green, R. Scott Hetrick, Jennifer Holifield, James C. Johnston, Neil C. Johnston, Jr., Andrew M. Jones, Brooke K. Kelly, Joshua G. Kesling, Mary Carol Ladd, Gilbert B. Laden, E. Russell March, III, Kristine McCulloch, Brenton C. McWilliams, Rose Metzger, S. C. Middlebrooks, Henry T. Morrissette, Mary E. Pilcher, Jean M. Powers, Gabrielle Reeves, Blake T. Richardson, Ashley Roach, Thomas M. Rockwell, Daphne R. Rudicell, Mark D. Ryan, Sheila S. Schoen, Steven Sciple, Thomas E. Sharp, II, Clifford C. Sharpe, L. Robert Shreve, Hendrik Snow, Joseph D. Steadman, T. Jeff Stein, Joseph D. Thetford, Jr., David T. Trice, Jr., J. Robert Turnipseed, William W. Watts, III, Jessica L. Welch, Michael A. Wing, and Marion E. Wynne, Jr.

SAVLP provides critical services to Alabama families. We need your help to keep it going. Please consider donating online at www.savlp.org/donate, or by sending a check to SAVLP at 118 N. Royal Street, Suite 402, Mobile, AL, 36602.

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NOTICE FROM MOBILE COUNTY PROBATE COURT

Effective December 1, 2023, publication fees for intestate and testate estates will be paid directly to Call News or Lagniappe. Petitioners will no longer send publication checks to the Probate Court with the petition. Contact Susan Powers, Judicial Division, at 251-574-6008 with questions.

MOBILE COUNTY PROBATE COURT

ANNOUNCING LAWYERS FOR LIBERTY PROGRAM

The Alabama Secretary of State Wes Allen and the Alabama State Bar have partnered to implement a new mandatory continuing legal education (MCLE) opportunity available to Alabama attorneys. This new program is entitled Lawyers for Liberty. The Lawyers for Liberty program allows attorneys to attend poll worker training and serve as poll workers for 4 hours of MCLE credit.

Requirements:

• Complete and submit application by 12/18/2023
• Be appointed by Mobile County Probate Court to serve as a poll worker
• Attend the required poll worker training
• Serve as a poll worker for no less than 8 hours on election day at the polling location designated
• Complete the certification form, have the county probate judge execute his signature, and submit the form to the Alabama State Bar

After completion:

• Receive 4 hours of credit each time the above requirements are met
• Limited to 8 hours of credit per year

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KUDOS: The Vernon Z. Crawford Bay Area Bar Association presented MBA Member and Mobile Municipal Court Judge Shelbonnie Hall with its Lifetime Achievement Award. Known for establishing the first African American law firm in Mobile in 1956, Vernon Z. Crawford tackled school desegregation, discriminatory jury selection, and minority vote dilution during the height of the Civil Rights Movement. Today, the eponymous bar association brings together our community’s lawyers of color. The Lifetime Achievement Award is given annually to a local attorney who has worked to advance equal rights under the law. Congratulations, Judge Hall!

BORN: MBA Members Blair Mattei and Kirk Mattei welcomed daughter Mary “Molly” Blackwell Mattei on October 31, 2023. Molly arrived a few weeks early, weighing a healthy 5 lbs., 5 oz. and measuring 18.5” in length. She joins big sisters Jane and Anne (in heaven). Welcome, Molly!

DIED: MBA Member Faith Ann Nixon died unexpectedly on October 20, 2023, at the age of 46. A native of Saraland, she graduated from The University of Alabama School of Law in 2004. Faith lived on a hobby farm in Stapleton and practiced insurance defense at Carr Allison in Daphne. She loved riding horses and caring for her other farm animals and pets. Faith is survived by her husband and two daughters.

DIED: MBA Member Billy Charles Bedsole died on November 11, 2023, at the age of 83. Born in Jasper, Alabama, Billy moved to Mobile in high school. He attended law school at the University of Alabama, began practicing in 1963, and never retired. He was also a business owner, a coach for over 45 years, an avid runner, and a longtime member of Spring Hill Baptist Church. Billy had an unstoppable passion for helping people in all areas of life. Among his many contributions to our profession, he served on the Judicial Inquiry Commission (“JIC”) beginning in 2011, and as its chair from 2015 until his death. Billy is survived by his wife of 62 years, two children, and five grandchildren. To learn more about Billy Bedsole’s prodigious life, see his 2018 interview on the MBA Archives & History Committee’s You Tube channel: https://www.youtube.com/watch?v=XSPj3zXCD6Y.

DIED: Sherry Clabaugh Daniels died on November 4, 2023. Sherry is the mother of MBA Members Kristin Dukes and Bill Daniels and the mother-in-law of MBA Member Bryan Duhé. Born in Iowa in 1938, Sherry graduated high school as class valedictorian. After graduating from the Methodist-Kahler School of Nursing in Rochester, Minnesota, she worked in the emergency room at the University of Chicago Hospital. After marrying and moving to Mobile, Sherry earned her BSN and MSN from the University of South Alabama and her PhD from the University of Alabama at Birmingham, all while raising her five children and working full time as a nurse. She served on the University of South Alabama’s faculty for 24 years. After retiring from USA with emeritus status, Sherry found time for leisure activities and civic leadership. She was predeceased by her husband of 62 years and is survived by her five children, ten grandchildren, and six great-grandchildren.

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The following applicants were approved for membership by the Mobile Bar Association Executive Committee. They were welcomed into the Mobile Bar Association on Thursday, November 9, 2023.

ACTIVE MEMBERS:

• Chloe L. Dasinger, graduated from Cumberland School of Law in 2023, admitted to the Alabama State Bar in 2023, and is employed with Holtsford Gilliland Hitson Howard Stevens Tuley & Savarese
• Alex K. Gressett, graduated from Cumberland School of Law in 2023, admitted to the Alabama State Bar in 2023, and is employed with Helmsing, Leach, Herlong, Newman & Rouse.
• Callie M. Shearer, graduated from the University of Alabama School of Law in 2023, admitted to the Alabama State Bar in 2023, and is employed with Armbrecht Jackson.
• Robert M. Weinacker, IV, graduated from the University of Alabama School of Law in 2023, admitted to the Alabama State Bar in 2023, and is employed with Phelps Dunbar.

Armbrecht Jackson LLP was recently recognized in the 2024 edition of Best Law Firms by Best Lawyers in 26 practice areas, with 23 receiving a Tier 1 ranking.

Hand Arendall Harrison Sale is pleased to announce Matthew Vaughn has been selected for inclusion into its Top 40 Under 40 Black Lawyers in the state of Alabama by The National Black Lawyers organization.

Cunningham Bounds is pleased to announce Christopher Estes has joined the firm.

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For the past 29 years, members of our Association have played a large part in the success of the Mobile Bar Foundation. We can’t thank you enough for your support over the years.

The Mobile Bar Foundation strives to improve the legal system, promote justice, and support the legal profession's dedication to the Mobile community. Last year, we provided grant allocations to nine area non-profit agencies that directly making a positive impact in Mobile County. Our goal of making a community impact was successful!

Many of you contribute to our annual assessment when paying your membership dues to the Mobile Bar Association and by making contributions to memorialize or honor a loved one or friend. We greatly appreciate your continued support in these ways.

As you and/or your firm prepare for year-end donations, please consider making a tax-deductible gift to the Mobile Bar Foundation. Contributions of any size are greatly appreciated. Donations may be made by credit card or check. To pay by credit card, sign in to the Mobile Bar Association website at www.mobilebarassociation.com, and click on the tab DONATE. If you would like to donate by check, please complete the form below and mail your form and check to Mobile Bar Foundation, 150 Government Street, Suite 1000-A, Mobile, Alabama 36602.

I hope to see you at the Mobile Bar Association’s December Membership Luncheon on Friday, December 8, at the Battle House Hotel. During that luncheon the Mobile Bar Foundation will proudly present our 2023 grant allocations to area non-profit agencies.

Thank you again for your continued support of the Mobile Bar Foundation. We are 29 years strong because of YOU!

Sincerely,

Karlos F. Finley

Mobile Bar Foundation, President

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What: Mobile County Probate Court’s Appointed Lawyer Training

When: Thursday, December 14, 2023

Where: Mobile County Probate Court | Courtroom 1

Available CLE Credit Hours: 5.3 + .5 ethics

How to Register: Click here for more information and to register.

For a full list of upcoming events in 2023, click here to visit our website.

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Listed below are members who celebrate a birthday in December.

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STAY CONNECTED