Forrest S. Latta, President

February 2023

Volume XLVII, Issue 2

In This Issue...

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

2023 Chairs............................Page 7

Mentoring Moment.................Page 8

Young Lawyers.......................Page 9

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

Vernon Crawford.....................Page 9

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

Member Spotlight....................Page 11

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

Mobile Bar Foundation............Page 14

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

  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

We remembered the life of Judge Jim Patterson during our annual “State of the Bar” meeting this past month. A summary of my President’s Report from that meeting is available here. I appreciated all the reports from our Chief Judges. 

A personal thanks to each of you and your firms who financially helped the MBA co-host the combined Alabama Judicial Conference and ASB Mid-Winter Meeting on January 19 and 20. Over 450 judges and bar leaders from across Alabama attended—more than twice the number expected! A list is printed below of each of you who helped sponsor. You bring honor to our Association. We are all tied together.

If you are not already part of an MBA section or committee, please join (or re-join). That is the best way to enjoy fellowship, stay current, find mentors/mentees, gain respect, and support the Bar. I have asked Ann Sirmon to list in this newsletter all the sections and committees and each chairperson, along with instructions for signing up. Let me also encourage you to attend the Mardi Gras social, which is being held on February 9 in lieu of our monthly meeting. Registration is required so we have a head count.

Good career decisions depend on good information, and we constantly must keep an eye on the “big picture” of how things are trending in our profession. 

Some of you may recall the brilliant lawyer J. Edward Thornton. My first memory of “Mr. Ed” is from a Law Library Committee meeting in Winter 1985. We were in the jury room of Judge McDermott’s courtroom in the old courthouse. West Publishing had offered us a free Westlaw terminal—something most lawyers had not yet seen. But first we had to sign a legal contract for usage, and the Committee was tasked by Judge McRae with deciding whether to accept the terminal. I still remember Mr. Ed’s words because I was so surprised when he asked, “Why on earth do we need one of those gadgets when we already have this wonderful card catalogue?” (They did have a great card catalogue).

Mr. Thornton was a Harvard lawyer, former State Bar President, and frequent appointee as a Special Justice on the Alabama Supreme Court who still holds the record for most articles published in the Alabama Lawyer. Not to mention, he was a past MBA President and a 30-year editor of this newsletter. He, along with his Oxford-educated partner Nick McGowin, owned a first-rate law library on the 7th floor of the Merchants Bank Building. In other words, Thornton & McGowin were giants. Nobody foresaw the effect technology would have on the legal profession. The Internet was science fiction, to say nothing of email, smart phones, and Zoom meetings.

Flash forward to now. Your MBA leaders are keeping an eye on the future. Our bar association is already outstanding, but we are not resting on our laurels. We have appointed a Strategic Planning Committee with some of our best young minds, tasked with looking ahead. Do we even need a bar association? What kind of association do they want to be involved in? How can the MBA help lawyers succeed? The goal is not to break something that is working, but to evolve with the times.

A number of things are happening in Alabama and beyond that may affect us as individuals and as an association. Attempts are underway to allow non-lawyer ownership of law practices, as with other professions. Certain legal work is converging in larger cities. Business consolidations and banking mergers have influenced many firms. Computers with artifical intelligence software (ChatGPT) can already pass the bar exam. Click here to read more.

But maybe the most important trend in the Mobile Bar is demographic. Look at this chart of Alabama State Bar members by birth year:

A lawyer born in 1973 (at the peak of this curve) will turn 50 years old this year. And while this data is statewide, the slope in Mobile is even sharper. The next two decades are critical. As bar members retire, there will be fewer young lawyers to replace them. Fewer dues-paying MBA members. Fewer lawyers to handle the important work of our courts. Who will do the work?

To me, this chart signals a great opportunity for today’s younger lawyers who are willing to be exceptional. You can be king of the hill. However, it also means we need to think about our association’s business model. And we may need to think about ways to attract more lawyers to the Mobile area.

More on these topics in coming months.

By the way—that Westlaw offer? We voted to accept it. Ironically, Mr. Ed became one of my greatest mentors. And his wonderful law library now sits across the hall from my office door. Every now and then I go in there and use the books, which are still stamped “Thornton & McGowin” inside. A reminder of how our profession is constantly evolving.

See you at the Mardi Gras social on February 9!

Forrest

Forrest S. Latta

Mobile Bar Association, 2023 President

A big thank you to all the sponsors listed below for supporting our events during the mid-year meetings for both the Alabama State Bar and the Alabama District and Circuit Court Judges. It was the first time either meeting has been held in Mobile and we wanted to give everyone a warm South Alabama welcome. We were able to showcase Mobile through a goodie bag for each participant and a Mardi Gras-themed social at the History Museum of Mobile. Here are a few photos from the events. Thanks again!

See you at our family-friendly Mardi Gras social on Thursday, February 9. Laissez les bons temps rouler!

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.

P. Ann Forbes Sirmon

Executive Director

Mobile Bar Association

A huge thank you to our sponsors for helping us make our events for the Alabama State Bar and Alabama Circuit and District Judges Mid-Year Meetings a success! Our sponsor list as of January 19, 2023:

Gold

Armbrecht Jackson LLP

Beasley Allen

Burr Forman LLP

Citrin Law Firm

Cunningham Bounds, LLC

Long & Long, PC

Maynard Cooper & Gale PC

Morgan & Morgan

Taylor Martino, P.C.

Silver

Moore Law Firm

Bronze

Caldwell, Wenzell and Asthana

Frazer Greene LLC

Hand Arendall Harrison Sale

McDowell Knight Roedder & Sledge

Tobias Comer

Partner

Braswell Murphy, LLC

Carr Allison

Daniel Upton Anderson Law & Busby

DeLashmet & Marchand, P.C.

Druhan Tyler, LLC

Gordon Armstrong

Greene & Phillips

Hedge Copeland, P.C.

Holtsford Gilliland Higgins Hitson & Howard, P.C.

Irby & Heard

Johnstone Adams

Jones Walker

Speegle, Hoffman, Holman & Holifield, LLC

Starnes Davis Florie, LLP

Friends

Alex Zoghby

Boteler Richardson Wolfe

Burns, Cunningham & Mackey, PC

Floyd Mediation

Galloway Wetermark

Gilmore Law Firm

Luther, Collier, Hodges & Cash, LLP 

Maloney-Lyons

It’s time to renew your 2023 membership with the MBA.

They are due no later than Friday, March 31, 2023.

Like last year, your dues statement will be emailed to you. From the email, you can print the invoice and pay by check OR you can pay by credit card online. You do not have to log in to your profile on the website to pay online.

Whether you are a new or renewing member, THANK YOU for your support and your commitment to elevating the legal profession to the highest possible standard. If you have any questions, please do not hesitate to give us a call at 251.433.9790.

Listed below are the Committee and Section Chairs for 2023. Thank you for your willingness to serve the Mobile Bar Association. For those of you who serve on committees, your chair will be in touch in the coming days regarding activities for the year. For those of you involved with a section, your chair will be in contact through out the year regarding activities and CLEs. To find out which committees or sections you are involved with, log in to the website. They are listed on your profile under the Group tab.

If you are interested in serving on a committee or section and you haven't signed up yet, click here to sign up for a committee. Click here to sign up for a section.

Committee Chairs

Archives - Charlie Potts

Bar Relations - Andy Rutens

Bulletin - Tiffany Ray

Continuing Legal Education - Celia Collins and Clay Rossi

Diversity and Inclusion - Christine Harding Hart

Entertainment - Garrett Zoghby

Fee Dispute - Danny Barlar

Grievance - Cooper Thurber

Law Day - Cat Kirkland

Law Library - Chris Estes

Lawyer Assistance - Ben Kearns

Lawyer Wellness - Alison Herlihy and Krissy McCulloch

Mentoring - David Trice and Koby Kirkland

Nominating - Brian Murphy

Professional Relations - Stoney Chavers and Judge Jill Phillips

Public Service - Catherine Spann

Resolutions - Kathy Miller and Mark Newell

Section Chairs



Admiralty - John Kavanagh

Alternate Dispute Resolution - Bill Lancaster

Bankruptcy - Herman Padgett

Civil Practice, Federal Court - Henry Morrissette

Civil Practice, State & County Courts - Desi Tobias

Criminal Practice - Derrick Williams

Domestic Relations - Lee Holland

In-House Counsel - Julia Shreve

Probate - Deena Tyler

Social Security - Laura Holland

Workers Compensation - Boyd Miller

Young Lawyers - John Leech

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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 greg@vaughanpoe.com)

***

A good way to start a new year – set a goal to write and speak

If you want to succeed in this profession, becoming a subject matter expert is a key component. How do you get there? Two words: write and speak.

I credit this next tip to a few lawyers who have built their practice not with gimmicks but with honest hard work: MBA Members Desi Tobias and Bryan Comer. They speak regularly at local continuing education programs, write articles within their practice areas, and give back to our profession through involvement in their local and state bar associations. They walk the walk.  So if you’re a young lawyer looking for a role model, do what these guys do.

Let’s talk about the first component: writing. Where are you right now and what area are you practicing in? You’ve probably got a brief or two that you can use as a good start for an article in one of your practice areas. Take time after your work day to complete a well-researched article. Ask for peer review before publishing. If your article can be published in a legal periodical and/or a trade publication, all the better. If it can’t, put it on your firm website or on your Facebook page. Writing your article accomplishes two things: (1) you become more versed in your practice area, and (2) when you publish your work, others know what you do. Remember, business can come from two sources: referring lawyers and members of the public or trade organizations. You can’t expect referrals from these sources if they don’t know what you do. Circulate your article to the right audience and you will see results.   

The next component, speaking, is just as important. Once you’ve written, find an audience where you can present your article. The Mobile Bar’s CLE committee (and mentoring program) needs quality speakers—as does the South Alabama Volunteer Lawyers Program (for its annual CLE). There are also several chambers of commerce in South Alabama (not just the Mobile Chamber) that need guest speakers. Or go big and check out the Alabama or American Bar associations and their many practice area sections, which have regular meetings/seminars where speakers are needed.    

Set a goal to rise to the top 10% in your practice area—and get there by following this simple formula: write and speak. Don’t take my word for it; just look around this Bar at the lawyers who have done well and you will find that they have taken this path.

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YOUNG LAWYERS SECTION

By John Leech Young Lawyers Section President

Young Lawyers would like to thank Andy Citrin Injury Attorneys for hosting the January Social at their new offices in Mobile. The event took place on January 26^th and we hope everyone who was able to attend had a great time!

Please mark your calendars for our Mardi Gras Social on February 9th at 5:30 PM at the Athelstan Club. We look forward to seeing everyone there! 

Planning for the annual Young Lawyers Golf Tournament is underway, and we are looking for any young lawyers who are interested in helping. This event is a wonderful way for our Bar to give back to the community (and for us all to have a good time while doing it), and year after year the tremendous efforts of our members makes this event a growing success. If you are interested in getting involved, please contact Golf Tournament Committee Chair Will Killion at wkillion@hglawpc.com.

In the same vein, the Golf Tournament can only be successful with the participation and support of our local attorneys and firms. Young Lawyers is greatly appreciative of all of the support the Bar provides for this event each year. For details on entering a team or becoming a sponsor, please contact Will Killion.

We are looking forward to an exciting year!

WOMEN LAWYERS

By Tiffany Ray, Women Lawyers President

Planning has begun for this year’s Trailblazer Tea, and MBAWL is seeking nominations for our 2023 honoree. The annual event celebrates amazing women lawyers who have overcome obstacles, broken down barriers, and blazed a path for future generations of attorneys. Recent Trailblazer honorees include Celia Collins, Shirley Justice, M. Kathleen Miller, Nicki Patterson, and Justice Sarah Stewart. Nominations are solicited from Bar members, and an honoree is selected by a committee of judges and attorneys. Please send your nominations to tiffany@taylormartino.com.

VERNON Z. CRAWFORD BAY AREA BAR ASSOCIATION

By LaWanda O'Bannon, Past President

Please join the Vernon Z. Crawford Bay Area Bar Association for our biannual Mardi Gras CLE conference, Carnival CLE: Second-lining into the Future & Beyond, from 2/17/23 – 2/19/23.

For information on the conference or to register, click here.

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In Davis v. City of Montevallo, No. 1210016 (Ala. January 13, 2023), the Supreme Court held that the terms of an employee handbook constituted a contract that had been breached by an employer upon its termination of an employee. While the Court reaffirmed previous holdings that an employee handbook is generally not a contract for employment, and even though the handbook contained explicit language to that effect, the Court held that the handbook contained discharge procedures that were objectively sufficiently specific to constitute an offer to create a unilateral contract.  

In Madasu v. Shoals Radiology Associates, P.C., No. 1210334 (Ala. December 22, 2022), the Supreme Court held that a radiologist who allegedly misinterpreted a CT scan at a medical center was not acting in the line and scope of his employment with a particular physicians group, and that such group could not therefore be held vicariously liable pursuant to respondeat superior. The Court noted that, while respondeat superior may attach when alleged tortious acts are in furtherance of the business of the employer, the practice group in question did not have an agreement with the medical center; the radiologist was neither paid by nor working at the direction of the practice group during his shifts at the medical center; and the mere fact that an employee’s independently motivated action happened to result in an incidental benefit to the employer was not enough to trigger respondeat superior liability. 

In Erskine v. Guin, Nos. 1200401, 1210153 (Ala. January 6, 2023), the Supreme Court held that a probate court’s order purporting to award guardian/conservator fees and attorney fees to a temporary guardian and conservator was not a final judgment that was immediately appealable. While the Court recognized that final settlements are generally appealable as final judgments pursuant to Ala. Code § 12-22-21(5), the Court had previously ruled in a separate action (Ex parte Bashinsky, 319 So. 3d 1240 (Ala. 2020)) that the probate court’s order appointing the temporary guardian and conservator was void and reasoned that, if no valid conservatorship had ever been created, there could be no final settlement of the same.

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By Tiffany Ray, Bar Bulletin Editor

A decade ago, lacrosse barely existed in Mobile, but its popularity has grown exponentially in recent years thanks in large part to the dedication of volunteers like Harrison Willis. Harrison, a partner at Cloud, Willis & Ellis, LLC, played lacrosse as a kid and took up coaching in Birmingham in 2003. He was enlisted as a coach for the Port City’s youth recreational team, the Mobile Machine (formerly the Mobile Mavericks), when he relocated here with his family in 2014.

Back then, lacrosse attracted only a trickle of local families. Today, teams are available for boys and girls of all ages. The Mobile Machine, part of the Northern Gulf Lacrosse Alliance, fields K-8th-grade teams for boys. UMS-Wright Preparatory School and St. Paul’s Episcopal School both offer high school teams. 

Harrison says he loves lacrosse because it’s fast, it has the athleticism of sports like football, basketball, soccer, and it’s inclusive. “It’s a game that lends itself to other body types,” Harrison says. “Everyone can play.”

Like a lot of people, Harrison is an Alabamian by marriage. Harrison was born in Lexington, Virginia, and later moved with his family to Chattanooga, Tennessee. He studied history at Rhodes College in Memphis and completed his law degree at Cumberland. While there, he met his wife, Katy, a University of Georgia School of Law graduate who is a partner at Burr Forman. Harrison clerked for a federal bankruptcy judge in Virginia and joined the Virginia bar, but then relocated with Katy to Birmingham, where he established a bankruptcy practice.

In Birmingham, Harrison discovered a burgeoning lacrosse community. He began volunteering to coach youth recreational teams in 2003. Within a few months of his arrival in Mobile in 2014, a neighbor discovered Harrison’s coaching background and enlisted his help.

As a lacrosse coach for more than 16 years, Harrison has watched some of his young players go on to compete at the high school and college levels. He’s also watched his son, Burns, take up lacrosse. Burns is gearing up to join the team at UMS.

Although he’s worked with kids of all ages, Harrison says teams at the kindergarten-through-fourth-grade levels are the most fun to coach. “I learn more from them than they learn from me,” he says. 

Harrison Willis (pictured at right with his son, Burns) has been coaching lacrosse for more than 16 years.

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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 Friday, December 13, 2023.

ACTIVE MEMBERS

• Matthew B. Carruth, graduated from Cumberland School of Law in 2021, admitted to the Alabama State Bar in 2021, and is employed with Legal Services Alabama.
• Page Pulliam, graduated from the University of Alabama School of Law in 2007, admitted to the Alabama State Bar in 2008, and is a solo practitioner.
• Katy N. Sipper, graduated from Jones School of Law in 2012, admitted to the Alabama State Bar in 2012, and is employed with Carr Allison.
• Philip G. Smith, graduated from the Mississippi College School of Law in 2005, admitted to the Alabama State Bar in 2021, and is a solo practitioner.

ASSOCIATE MEMBERS

• Judge J. W. Cole, graduated from the University of Alabama School of Law in 1992, admitted to the Alabama State Bar in 1992, and is employed with the Alabama Court of Criminal Appeals.
• Gary Geisler, graduated from the University of Mississippi School of Law in 1976, licensed to practice law in Illinois and Mississippi in 1976, and is a solo practitioner.

DIED:  MBA member and Mobile County Circuit Court Judge the Honorable Jim Patterson died on January 10, 2023. Jim graduated from UMS and Samford University and was commissioned a U.S. Naval Officer in 1983. As a naval aviator, Jim earned many military decorations and had the distinction of being a pilot on the longest over-water medevac in U.S. naval helicopter history. After retiring as a lieutenant commander (LCDR), Jim graduated from Cumberland School of Law. He enjoyed golf and the Mobile Yacht Club. Jim was known for his quick wit and servant’s heart. His children were his pride and joy, and his favorite job was being a dad. He was a member of mystic societies and numerous civic and social organizations. He is survived by his wife and two children.

DIED: On December 17, 2023, Charles Henry McCardle, Jr., father of MBA member Jonathan McCardle, died unexpectedly. A graduate of Shaw High School and the University of South Alabama, Charlie retired from pharmaceutical sales, a career he loved. He was a loving, good, and kind son to his mother, an exceptional father to Jonathan, and a loving husband to Jan. He loved spending time with his three rescue dogs: Murphy, Sophie, and Nellie. Charlie is survived by his mother, son, and former wife.

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• Don Davis, Mobile County Judge of Probate, announces the filling of two administrative positions effective February 1, 2023. These moves were necessitated by the departure of Chief of Staff Chuck South, who resigned his post with the Court in order to return to the private practice of law. The new Chief of Staff will be Melissa Lindquist King, Esq. Joining the Court as the new Judicial Division Chief will be Susan Powers, Esq. 

• During Mardi Gras season, when a parade is scheduled, the Circuit Clerk’s Offices will close at 4:30 PM.

• Click here to view a press release from the Mobile County Judicial Commission.

DOWNTOWN OFFICE SPACE: 209 N. JOACHIM STREET IN HISTORIC DETONTI SQUARE. Available: One large office upstairs (16’ 6” x 22’ x 16’ 3”), one large office downstairs (12’ 10” x 17’, two single windows), and one small office downstairs (12’ 10” x 12’), 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.

Frazer Greene is proud to announce the hiring of Jarrod White as a partner attorney.

Armbrecht Jackson LLP is proud to announce the hiring of David Kirkwood Palmer Jr. as an associate attorney.

Beasley Allen announces Rebecca Gilliland and Wyatt Montgomery as principals of the firm.

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

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Listed below are members who celebrate a birthday in February.

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