December 2022

Volume XLVI, Issue 12

In This Issue...

Ann's Article...........................Page 2

CLEs......................................Page 4

Mentoring Moment.................Page 6

Young Lawyers......................Page 7

Significant Decisions.............Page 8

SAVLP...................................Page 9

Member Spotlight..................Page 10

In the News...........................Page 12

Mobile Bar Foundation..........Page 13

Birthdays...............................Page 16

Over the past year serving as your MBA President, I have repeatedly been impressed by the quality and commitment of our members, officers, and staff, who work so hard to continue the MBA’s long tradition of outstanding service.

The MBA is fortunate to have Executive Director Ann Sirmon, who may be the most organized person I have ever known. She and Jeffrie Morgan do a phenomenal job keeping our association running smoothly. The MBA is also fortunate to have past presidents who remain very active with our bar. I have reached out to many of them for advice, and they have always been willing to help. The Executive Committee, Committee Chairs, and Section Chairs were outstanding, devoting untold amounts of time and energy to make the MBA better for us all. I very much enjoyed working with them.

The December Holiday Luncheon and Membership Appreciation Social is scheduled for Friday, December 9, beginning at 11:00 a.m. at the Battle House. Champagne, eggnog (my favorite), mimosas, and wine will be served. Please help us support the WKRG Toy Drive by bringing a toy to donate. At 12:00 p.m., the luncheon will begin.

At the luncheon, the Mobile Bar Foundation will present awards to several deserving organizations in our local area. In addition, I will pass the President’s gavel to the 2023 MBA President, Forrest Latta. Serving with Forrest over the past few years has been a great experience. He will do a fantastic job leading our organization.

In closing, it has been a tremendous honor serving as your MBA President. Thank you all for the opportunity, and I look forward to continuing to serve the MBA in any way that may be needed.

During the meeting we will:

• Honor Mobile Bar Past Presidents
• Present Mobile Bar Foundation Grants
• Present South Alabama Volunteer Lawyer Awards
• Pass the gavel to Mobile Bar Association 2023 President Forrest S. Latta
• Toy Drive - We will collect unwrapped, new toys for the Toys for Tots Toy Drive. Toys for Tots will be on-site to collect the toys.

Our sponsor for the luncheon is Bellingrath Gardens.

During the month of December, families will gather in kitchens and dining rooms, on front porches, and in back yards. We will give thanks for the bounty and gifts we will receive through the efforts of those 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 that prepare it for all 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 everyone else who provides 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, Brian Murphy. 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 all of us. As a family, we work together, offer an encouraging word, problem-solve, and listen to each other. Let’s keep our legal community family close and approach everything we do with gratitude and resolve. The new year is not far away. Thank you for a great 2022! I look forward to the many opportunities that will greet us in 2023.

Reminders:

• We are collecting toys for Toys for Tots through Friday, December 9, 2022. You can drop them off at MBA Headquarters or at the December Holiday Luncheon.
• No Bench and Bar. Consider attending the Alabama State Bar Midyear Conference. It will be held in Mobile January 18 – 20, 2023. The Mobile Bar Association and the Baldwin County Bar Association are hosting several events for both conferences. A link to more information on the conference is included in this Bar bulletin.
• Don’t forget to register in advance for upcoming events so we will be prepared for you.
• 2023 Membership Dues invoices will be emailed to members the first week in January. Please be on the lookout for them.

Ann Forbes Sirmon

Executive Director

Mobile Bar Association

During the month of December, we are collecting unwrapped, new toys. The toys will be donated to Toys for Tots and given to children in our community to make sure every child has a gift underneath the tree. NOTE: Toys for Tots will be on-site at the Membership Holiday Luncheon to collect the toys.

Where to drop off: MBA headquarters at 150 Government Street, Suite 1000-A, OR at the MBA Membership Holiday Luncheon.

Deadline date to drop off: Friday, December 9, 2022.

The Mobile Bar Association and the Baldwin County Bar Association are hosting several events for both conferences. You must be registered for either conference to attend.

Sponsorships are available! For more information on sponsorships, please contact Raymond Bell at rbell@maynardcooper.com.

ADVANCE REGISTRATION DEADLINE IS TUESDAY, NOVEMBER 29, AT NOON.

Workers Compensation Section Lunch and Learn

Monday, December 5, 2022 | 12:00 - 1:00 p.m.

Available CLE Credits: 1.0 | Cost: $18.00, with lunch

LOCATION: ATHELSTAN CLUB

The speaker for the Lunch and Learn is Jack Gibbons. He will present a series of puzzling questions for open discussion. Please join us for a lively debate, a good lunch, and an hour of CLE credit.

Advance registration deadline is Friday, December 2, 2022.

MENTORING MOMENT

By Greg Vaughan, Mentoring Committee Member

I’ve spent a lot of time around more senior lawyers and judges through my involvement in the Bar’s mentoring program. This collection of articles is some of what I have learned there – and some of what I’ve learned along the way.

(Questions, comments, or some good vibes: please e-mail them to gev@holstonvaughan.com)

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Find value in challenging cases and, in time, find forgiveness.

If you litigate, you’re going to have your share of disagreements with other lawyers. If it gets personal or out of bounds, what’s the best way to move forward after the conclusion of the case? Is holding on to the resentment doing you any good—or is it harming you? Do you really have a good reason to disparage that lawyer to others—and what does that reveal about you? I’m familiar with these questions. They’re familiar because I’ve asked them myself (numerous times), and the answers have never justified longstanding feelings of resentment or provided just cause to put down or criticize my colleagues.

Remember last month’s article where Pete espoused “outcome determinative” wisdom in my construction case? Well, in that case it’s safe to say opposing counsel and I did not get along—at all. It was a rough ride, and I harbored resentment longer than I should have. Was it justified? No, it was not. Regardless, how did I move past the resentment? The answer: the passage of time, some reflection on lessons learned, and forgiveness.   

I’ve read a good bit about finding value in challenging situations—and it’s proven to be a helpful mindset for me. I believe the same can be said about finding value in challenging cases. Reflect after the case is over—have coffee (at Serda’s 😊) with a colleague or mentor—and the lessons of the case will surface. Perhaps you need work on being more patient and less emotional. Or maybe you lost your focus and went down one too many rabbit trails. Or, in times of conflict, you might lack discipline in your words and make comments you later regret. These are lessons I have learned (over and over). Take stock of your case lessons and commit to improving your skill set.   

Most important is the act of forgiveness. Accept that hurtful conduct in our cases is oftentimes unintentional. And if it’s not, forgive anyway. Accept that there might be someone other than opposing counsel who needs your grace. The person I needed to forgive most was me. Sometimes I forget that this is the “practice” of law—and it’s a practice where my skills and approach evolve and should improve over time. Mistakes happen, and they will continue to happen. I have done and said things I regret. I have tried (key word) to move past them, to forgive myself, and to not be a repeat offender. Your last case does not have to define you; you can move forward in a better way. Make a covenant with yourself to improve, and maybe share your case lessons with others.

Back to that construction case where we had a difficult lawyer (mostly this author). Well, opposing counsel and I now have lunch occasionally, share a few laughs at social events, and refer cases to each other. We’re now friends—and that’s so much better than the alternative. How did that happen? Time, reflection, and forgiveness.

YOUNG LAWYERS SECTION

By Johana Gerheim, Young Lawyers Section Chair

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In Matherly v. The Citizens Bank, Nos. 1210396, SC-2022-0520, and SC-2022-0520 (Ala. October 28, 2022), the Supreme Court held that a non-assenting spouse’s homestead interest in real property would not prevent alienation of such property so long as the value of the homestead exceeded the statutory threshold value of $5,000 and such statutory value was paid to the non-assenting spouse upon alienation. Although the appellant argued that her husband’s execution of a mortgage for the homestead property without the appellant’s assent effectively voided the mortgage pursuant to Ala. Code § 6-10-3, the Supreme Court affirmed the holding of the Coffee County Circuit Court that, pursuant to Ala. Code § 6-10-40, the appellant’s homestead interest was worth a statutory value of $5,000 and alienation of the homestead was valid so long as the non-assenting spouse received this statutory value when the value of the alienated homestead exceeded $5,000.

In Ex parte Byrd, No. 1210155 (Ala. November 10, 2022), the Supreme Court held that a warrantless search of the defendant’s jacket, which produced a pill bottle containing synthetic marijuana, was justified as the search was conducted during a medical emergency initiated when the defendant telephoned 911 due to chest pains. Despite the defendant’s ultimate refusal to go with the medical personnel to a hospital, the Court held that the medical emergency did not end upon such refusal and that the search of defendant’s jacket to ascertain the defendant’s current medications was conducted pursuant to such emergency.  

In T&J White, LLC v. Williams, No. SC-2022-0480 (Ala. November 10, 2022), the Supreme Court held that counsel’s threat to object to jury instructions did not amount to an objection to jury instructions. Before the jury retired for deliberations, defendant’s counsel made a statement that was “just clarification so that [the jurors] don’t go back there and make any mistakes. ... I just want to make sure that they have to do a negligence verdict or a wantonness verdict and that they can’t come back with negligence and wantonness. ... I just want to make sure that I’ve got it on the record I will have an objection if they return both a negligence and a wantonness verdict.” The Court held, however, that counsel’s “clarification” and conditional promise to object in the future did not constitute a valid objection under Ala. R. Civ. P. 51, which must be brought “before the jury retires to consider its verdict, stating the matter objected to and the grounds of the objection.”

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The South Alabama Volunteer Lawyers Program thanks the following volunteers for their service in 2022:

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By Tiffany Ray, Bar Bulletin Editor

For some of us, the holiday season offers a needed reminder of what’s most important—family, faith, charity, service. For MBA member Rachele Reis, living out her core values is a daily practice. 

Reis, 32, spends her days providing legal representation to low-income Alabamians as a staff attorney with Legal Services Alabama. After hours, she works part time as a shelter advocate for Penelope House, a Mobile nonprofit that provides temporary housing and services to domestic violence survivors and their children. 

Recently, she has taken on a new project: “Alpha,” a free weekly program at St. Catherine of Siena Catholic Church intended to bring people together for honest conversations about life, faith, and meaning. 

Reis says Alpha is not a class exactly, but a place to come with questions, where every viewpoint is respected. Specifically, it's a series of Wednesday evening gatherings that typically include a video followed by an open discussion. Weekly topics include big-picture questions such as, "Is there more to life than this?" and "Who is God?" Organizers contribute dishes each week for a potluck dinner. Because St. Catherine's has a large Hispanic population, Alpha sessions are offered in English and Spanish-the two groups dine together bus separate for discussion.

Developed by the Church of England, the program is intended to be non-denominational. Anyone is welcome, regardless of their religious beliefs—or non-beliefs. “We’re not trying to change anybody’s mind,” Reis says. “It’s just, let’s talk about this topic.”

Reis, a member of the senior leadership team at St. Catherine’s, helped launch the program last year at the behest of Father Fred Boni, St. Catherine’s parish priest. Reis says early participation skewed heavily toward St. Catherine’s congregants, but attendance is diversifying as word gets out. “We’ve had people who’ve never been to church, who used to go, who always go, attend,” she says. 

Reis has long had a dual passion for theology and service. A McGill-Toolen grad, Reis earned a bachelor’s degree in theology from Boston College—a Jesuit school—in 2012 with minors in math, history, and classics. She studied law at Washington and Lee University and has been practicing what her mom likes to call “she-wants-to-go-to-Heaven law” in Legal Services’ Mobile office since 2016. At Penelope House, Reis is not a lawyer, but rather, a different kind of advocate, working nights and weekends to take crisis calls, handle intake, and make sure residents’ needs are met. Reis says Alpha aligns with her other interests because it offers “a way to have an encounter with Jesus.” As she says, “if there is a way to help people, then why not?”

The next Alpha session is scheduled to begin on Wednesday, January 18, 2023. For information on the program, check the St. Catherine’s website at www.stcatherinemobile.org or contact Reis at racheleareis@gmail.com.

If you have a suggestion for a future Spotlight, contact Bulletin Editor Tiffany Ray at tiffany@taylormartino.com.

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THE MOBILE BAR ASSOCIATION ANNOUNCES

2023 SLATE OF OFFICERS VOTED ON AND APPROVED

During the November Membership Luncheon, the 2023 Slate of Officers were voted on and approved by the members present. Congratulations! The Officers will take office on January 1, 2023.

They are:

President-Elect - Raymond L. Bell, Jr.

Vice President - Judge Judson W. Wells

Secretary - Gordon G. Armstrong, III

Assistant Treasurer - Brian C. Smithweck

Automatic rolling up Officers are:

President - Forrest S. Latta

Treasurer - Mary Margaret K. Bailey

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 10, 2022.

ACTIVE MEMBERSHIP

• Jonathan P. Davis, graduated from The University of Tennessee School of Law in 2022, admitted to the Alabama State Bar in 2022, and is employed with Adams and Reese LLP.
• Emma Parson Goodloe, graduated from Cumberland School of Law in 2022, admitted to the Alabama State Bar in 2022, and is employed with Burr Forman LLP.
• William Grete, graduated from Cumberland School of Law in 1987, admitted to the Alabama State Bar in 1987, and is employed with USA Health.
• Ivan E. Ingram, graduated from Jones School of Law in 2017, admitted to the Alabama State Bar in 2020, and is employed with Galloway, Wettermark, Ruten.
• Rachel Lane Jernigan, graduated from Cumberland School of Law in 2022, admitted to the Alabama State Bar in 2022, and is employed with Greene & Phillips.
• John E. McKnight, graduated from Cumberland School of Law in 2012, admitted to the Alabama State Bar in 2012, and is a solo practitioner.

ASSOCIATE MEMBERSHIP

• James Allen, graduated from Birmingham School of Law in 2016, admitted to the Alabama State Bar in 2017, and is employed with Francis Hoit Hollinger.

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DIED: Retired MBA Member Sydney R. Prince, III, died on October 19, 2022. Born in Washington, DC, Sydney graduated from Princeton University and the University of Virginia School of Law and served a two-year stint in the U.S. Army stationed in Boston, Massachusetts, during the Korean War. Having vacationed in Point Clear as a child, Sydney made it a goal to live on the Alabama Gulf Coast. After law school, he moved to Mobile, where he practiced for 40 years, primarily in litigation defense. Sydney loved fishing and golf. He served as President of the Country Club of Mobile and President of OOM. Sydney is survived by his wife, three children, and four grandchildren.

KUDOS: MBA Member Karlos Finley was chosen to serve as the first Executive Director of the newly formed Africatown Redevelopment Corp. (“ARC”). In 2021, the Alabama Legislature created ARC as a public corporation with the primary goal of revitalizing housing in Africatown by constructing new affordable single-family homes and obtaining and rehabilitating vacant houses. Congratulations, Karlos!

DIED: Forrest Crowell Wilson, Jr., father of MBA Member Forrest “Skip” Crowell Wilson, III, died on November 1, 2022. A native of Mobile, Forrest graduated from University Military School before earning his B.S. in Business Administration from the University of Alabama in 1958. He and his father owned Forrest Wilson Monuments, Inc., in Mobile, where Forrest worked until his retirement in 1999. With his beautiful bass-baritone, Forrest sang for many weddings, performed church solos, and sang with the Mobile Opera for 45 years. He starred in the first musical performed by the Joe Jefferson Players, Cole Porter’s “Kiss Me Kate.” Forrest is survived by his wife of 64 years, three children, seven grandchildren, and two great-grandsons.

DIED: The mother of MBA Members Judge Linda Collins Jensen and Patrick Collins, Thelma Namias Collins, died on October 27, 2022. Thelma is also the widow of longtime Mobile City Attorney Fred G. Collins and the mother-in-law of MBA Member Glenn Davidson. Thelma and her husband were among the founding members of St. Dominic’s Church and Parish on Burma Road and remained faithful members for the remainder of their lives. Affectionately known as “Grandmuh” to her numerous grandchildren and great-grandchildren, Thelma’s life could be summarized as follows: “Well done, good and faithful servant ... Enter into the joy of your master.” Matthew 25:21. She is survived by her eight children, seventeen grandchildren, and six great-grandchildren.

Armbrecht Jackson LLP was ranked in the U.S. News & World Report and Best Lawyers list in the Mobile, Alabama, market in 24 practice areas, with 19 receiving a Tier 1 ranking.

Herlihy Family Law is pleased to announce that Anna Eden is joining the firm as an associate attorney. Anna has worked as Hon. Michael Sherman's law clerk since October 2021, and our team is excited to have her on board. Anna can be reached at 251-432-7909 or anna@herlihyfamilylaw.com.

DOWNTOWN OFFICE SPACE FOR LEASE: Beautiful, spacious office in a historic home in the beautiful DeTonti Square neighborhood. Plentiful onsite parking, including an EV charging space, available conference room, waiting area, and kitchenette. Receptionist onsite. Internet provided. A block from the Federal and Bankruptcy Courthouses. Perfect for a solo or out of town firm desiring Mobile presence. 205 N. Conception St.  Contact HENRY BREWSTER at 251-338-0630 or hbrewster@brewsterlaw.net.

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 AMELIA EASTERLING (amelia@evanscrowe.com) or EVANS CROWE (crowe@evanscrowe.com) at 431-6011.

Respected Law Firm located in Riverview Plaza in the heart of downtown Mobile has space available for an immediate, direct sublease. This is a perfect opportunity for any small business or professional firm seeking space in a prominent building with great views and amenities. If interested, please reach out to Ray LoCicero @ 504.596.4149 for more information.

Beautiful affordable office space in midtown Dauphin Street for rent. Located 5 minutes from Mobile Government Plaza. Plenty of parking, conference room, full kitchen. Please contact Buzz Jordan, 251-421-1056.

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For the past 28 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 and the administration of justice, and to promote our profession’s dedication to our local community. Last year, we provided grant allocations to eight area non-profit agencies that directly impacted over 6,000 families 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, visit 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 9, at the Battle House Hotel. During that luncheon the Mobile Bar Foundation will proudly present our 2022 grant allocations to area non-profit agencies.

Thank you again for your continued support of the Mobile Bar Foundation. We are 28 years strong because of YOU!

Sincerely,

Windy Bitzer

Mobile Bar Foundation, President

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Event: Mobile County Probate Court Appointed Lawyer Training Seminar

Date: Friday, December 9, 2022

Location: Government Plaza Auditorium

Time: 9:00 a.m. - 4:05 p.m.

CLE Credit: 5.3 hours

For more information: Contact Melissa King by phone at 251.574.6008 or by email at mking@probate.mobilecountyal.gov.

Mobile Bar Association has on file the 2022 Survey of Florida Law CDs. If you are interested in checking them out to get MCLE credit, please contact Jeffrie Morgan at Mobile Bar Headquarters by phone at 251.433.9790 or by email at jmorgan@mobilebarassociation.com. 

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Listed below are members who celebrate a birthday in December.

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STAY CONNECTED