Forrest S. Latta, President

January 2023

Volume XLVII, Issue 1

In This Issue...

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

Mentoring Moment.................Page 10

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

Young Lawyers.......................Page 11

Women Lawyers.....................Page 11

Vernon Crawford....................Page 11

SAVLP....................................Page 12

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

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

Birthdays................................Page 17

  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

One of my proudest memories is from 1983, opening a letter from the Membership Committee Chairman, Tom Galloway, Jr., approving my application to join the Mobile Bar Association. It meant so much to me that, forty years later, I still have that letter. What an honor it is to serve you.

For those who don’t know me, I am a Dothan native. A Troy football fan and member of the school’s Board of Trustees. An avid gardener with a particular passion for camellias. A terrible golfer. A former radio deejay in several states. A ham radio nerd. A past Boys State Governor. An English major who enjoys literature, poetry, and history. A married father of two grown sons in Nashville and Atlanta. And a 40-year practitioner who started in the typewriter days and still loves his work.

We all owe Brian Murphy a debt of thanks for doing a magnificent job as President last year. Fortunately, he remains on the Executive Committee to make sure we don’t drop the ball!

Please mark your calendar for Friday morning, January 13, to attend our Association’s annual meeting. It will be in the Jury Assembly Room of the beautiful United States Courthouse. The Chief Judges of our State and Federal courts will report on trends that affect your practice.

The following week, January 17 - 19, we have the special honor of hosting the combined meetings of the Alabama Judicial Conference and the Alabama State Bar. Judges from across Alabama will be here, along with most of the State Bar leadership. I hope you will take part in helping make this event successful—even if just by greeting our guests on the sidewalk. Let’s send them home knowing why Mobile is a great place to practice law. Details are elsewhere in this bulletin.

I like to brag on our people, and this month let me say a few words about our 2023 leadership team. They are outstanding.

Ann Sirmon, Executive Director, serves on the Alabama Commission on Higher Education, which oversees our state’s colleges and universities. She also is a former President of the University of South Alabama National Alumni Association and has held other leadership roles. Raymond Bell, our President-elect, is a former Chairman of the Alabama Ethics Commission and serves on the five-member executive committee of a major law firm. Judson Wells, Vice-President, was a long-serving District Judge and is a former President of the University of Alabama National Alumni Association. Gordon Armstrong, Secretary, is a leader in our Criminal Practice Section and a past Chairman of the Young Lawyers Section. Mary Margaret Bailey, Treasurer, is a former President of the Alabama Bar Foundation and our local Inn of Court.

We also have an all-star lineup of State Bar Commissioners and Committee/Section Chairs, whom we will say more about in the coming months.

Come to our January 13 meeting. Let’s spend some time together.

Forrest S. Latta

Mobile Bar Association, 2023 President

Happy New Year!  As you prepare for 2023, consider these three key words … purpose, planning, and action. These three words have been good motivators for me since I started with the Mobile Bar Association more than four years ago, and I return to them again as I prepare for 2023. As you purposely plan for 2023, it’s important to write down your goals and then make a plan.  This gives your planning purpose, which leads to action.

As you plan for 2023, I ask you to have the MBA on your list for several action items:



MEMBERSHIP DUES: It’s time to pay your membership dues for 2023. An invoice will be emailed to you this week. Be sure to check your email inbox for the notification.

WEBSITE PROFILE: Make sure your membership information is current on the MBA website. If you have not yet logged in to the website, a profile has been made for you, as well as a username and password. If you have any questions, please contact us for more information.

FIND A LAWYER: We will continue to offer our web-based lawyer referral program. According to Google Analytics, it is the most-trafficked area on our website. On average, the website overall receives 364 searches per month by individuals looking for a lawyer. Our Find a Lawyer program receives 226 searches per month. In addition, we continue to receive 5+ calls a day/100+ a month from people in the community seeking assistance from an attorney. If you would like to participate in the Find a Lawyer program or need more information on how the program works, please let me know.

The MBA website and Find a Lawyer program are excellent resources for the community. We are the first stop for someone looking specifically for an attorney practicing in Mobile County or for someone who needs a lawyer and doesn’t have one. Only Mobile Bar members are viewed on the website. Please consider becoming a member or renewing your membership with the Mobile Bar Association to take advantage of this valuable member benefit.

CAREER CENTER: We will continue to offer our new Career Center feature on the website. We will no longer keep resumes for paralegals or legal assistance on file, nor will we maintain a static page on the website for law firms to list job openings for associates. Instead, the new Mobile Bar Association Career Center will be an interactive resource to connect qualified legal professionals with career opportunities. Whether you’re searching for jobs or finding candidates, the Mobile Bar Association Career Center will offer a wealth of resources to help you achieve your career goals. 

As always, thank you for your support of the Mobile Bar Association. We are ready for 2023 and look forward to seeing you. Our success depends on our members’ time, talent, and resources. Without you, we cannot achieve the MBA mission of elevating the legal profession to the highest possible standard, providing quality professional development, and cultivating networking opportunities to encourage a spirit of goodwill among members.  

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.

Ann Forbes Sirmon

Executive Director

Mobile Bar Association

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.

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 December 28, 2022:

Gold

Alabama State Bar

Burr Forman LLP

Long & Long

Silver

Bronze

Frazer Greene LLC

Partner

DeLashmet & Marchand, P.C.

Druhan Tyler, LLC

Hedge Copeland, P.C.

Friends

Alex Zoghby

Burns, Cunningham & Mackey, PC

Luther Collier Hodges & Cash, LLP

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.

We had a large crowd at the Membership Appreciation Social. Thank you for joining us AND thank you for donating new, unwrapped toys for Toys for Tots. It was our largest toy donation to date.

Pictured L to R: Justice Sarah Stewart and Forrest Latta.

Pictured L to R: Pierce Ostwalt, Anne Marovich, Rudy Munnerlyn, Blake Hudson, and Anna Eden.

Pictured L to R: Mark Newell, Pete Mackey, and Judge Brandy Hambright.

We welcomed a large crowd at the Holiday Luncheon. Thank you for joining us!

During the Holiday luncheon. Pictured L to R: Jessica Milling, Cat Kirkland, Forrest Latta, Windy Bitzer, Brian Murphy, Raymond Bell, and Scott Hetrick.

Pictured here are MBA Past Presidents. Front Row, L to R: Beth Rouse, Donald Briskman, Sam Stockman, Kathy Miller, Judge Henry Callaway, and Brian Murphy. Second Row, L to R: Mark Newell, Jim Yance, Skip Finkbohner, Pete Mackey, and Charlie Potts.

Pictured here is MBA 2022 President Brian Murphy passing the gavel to MBA 2023 President Forrest Latta.

-7-

-8-

-9-

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)



***

Random tips to improve your performance in Court.

Early in my career, I struggled with nervousness before the Court. I couldn’t seem to harness my focus and clearly communicate my thoughts. Years later, the nerves are still there (though not quite as bad), but I’ve picked up a few tips that have been helpful.

I credit these suggestions to Judge Jill Phillips, who has generously given her time to countless mentoring program CLEs. She advises that the most successful lawyers who practice before her are organized and prepared and exercise brevity in their written submissions and oral arguments. When arguing a motion in her Court (or before any judge), it is good practice to organize your argument along the lines of: “Judge, there are 3 reasons why you should grant our motion: reason #1, reason, #2, and reason #3. As to reason #1 (concisely argue the reason); as to reason #2 (concisely argue the reason); … and so forth. If your submission has several exhibits, a courtesy copy of the motion (with tabbed exhibits) can be a big help for you and the judge. If you’re trying a case (no matter the size), a well-organized trial notebook (for you and the judge) is always a great idea. Some of these suggestions obviously take more of your time, but the process of preparing for your appearance before the court will force you to become more familiar with your case and your arguments, and the court will take notice of your efforts.

The next tips are somewhat obvious, but I’ve failed to follow them a time or two. When the judge is speaking, be quiet and listen carefully. Don’t talk over or interrupt any judge—let them finish before adding your comments. When they are speaking about your case, recognize the value of their remarks and respond and react accordingly. And if it’s clearly going your way, please be quiet unless the court asks you a question.

Lastly, get to know the judges outside the courthouse. There are plenty of opportunities to socialize with our judges through our bar association. Take advantage and attend bar luncheons on a regular basis. In advance of your first appearance before a judge, stop by their office and briefly introduce yourself. Remember, our judges were once where you are—working hard to earn a living before the courts. All of them, I’m sure, will appreciate your effort to introduce yourself. And don’t forget a simple “hello” when you see them outside the courthouse.

In Drinkard v. Perry, Nos. SC-2022-0700, SC-2022-0701 (Ala. December 2, 2022), the Supreme Court held that the Probate Court of Choctaw County lacked subject matter jurisdiction over the probate of a last will and testament when the estate administration for the decedent had previously been removed from Probate to Circuit Court. The Court further held that potential purchasers under a real estate sales contract for property owned by the estate did not have sufficient interest in the estate to intervene, as the right to purchase under the contract had expired without consummation of the sale nearly two years prior to the purchasers’ motion to intervene.

In Ex parte Sunset Digital Communications, Inc., No. SC-2022-0422 (Ala. December 2, 2022), the Supreme Court held that the enforcement of an outbound forum selection clause (where parties specifically agree to trial outside the State of Alabama in the event of a dispute) was mandatory. Despite the clause containing discretionary language (“may be instituted in the federal courts of the United States of America or the courts of the Commonwealth of Virginia”), the Court held that such language could not be viewed in isolation and that subsequent language submitting the parties to the exclusive jurisdiction of the outbound jurisdictions was controlling.

-10-

YOUNG LAWYERS SECTION

By John Leech Young Lawyers Section President

WOMEN LAWYERS

By Tiffany Ray, Women Lawyers President

The MBA Women Lawyers is pleased to announce its 2023 Executive Board:

President: Tiffany Ray 

Vice-President: Christine Burns-Brown

Treasurer: Ginger Poynter 

Secretary: Kelly Adams 

Historian: Taylor Johnson

Trailblazer Committee: Valynda Jerome Williams, Jennifer Jayjohn, Margaret Enfinger, and Emily Killion

Stay tuned for announcements of our 2023 events! If you’d like to join Women Lawyers, contact Tiffany Ray at 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.

-11-

SAVLP recognized the achievements of two remarkable volunteers in December: Hart Benton of McDowell Knight Roedder & Sledge, LLC, and Jessica McDill of Chason & Chason, PC. Their pro bono contributions were honored at the MBA holiday luncheon and the Baldwin County Bar Association’s holiday party.

Hart was presented the Ben Kilborn MBA Volunteer Lawyer of the Year Award, an annual honor presented to an attorney who demonstrates exceptional commitment to volunteer legal services, whether by volunteering significant numbers of hours to pro bono service or going above and beyond to assist a particular client. Hart excelled in both regards. Among his contributions to SAVLP over the past year, Hart closed two cases that each involved an extensive amount of work. Recognizing the impact the legal issues had on his clients’ lives, Hart invested considerable time and energy into these cases and reached a successful resolution for both clients.

Jessica received the Margaret F. Demeranville Award. Meg Demeranville was a longtime SAVLP board member who devoted huge amounts of time and attention to people in need because she believed access to justice was a right, not a privilege. The award was created in her honor to recognize lawyers whose commitment to equal justice and pro bono service reflects Meg’s own. Jessica demonstrates such commitment in her volunteer work with SAVLP. Last year, she accepted a pro bono case helping a client navigate a complicated situation and exhausted every possible avenue to obtain relief for her client. Jessica’s dedication and persistence resulted in a very favorable outcome for the client.

Congratulations again to Hart and Jessica, and thanks to all who dedicate time to providing pro bono legal services!

Upcoming Events:

Thursday, January 12: Mobile County Courthouse Advice Clinic

Friday, January 20: Wills for Heroes, Thomasville Police Department

Friday, January 27: Project Homeless Connect, The Grounds, Mobile

If you would like to volunteer, please e-mail us at ariana@savlp.org.

From the MBA Holiday luncheon. Pictured L to R: Ransome Hare, Heather Hornsby, Morgan Hofferber, Hart Benton, and Hart’s dad, Tom Benton.

From the MBA Holiday luncheon. Pictured L to R: Cliff Nelson, Hart Benton, Jessica Milling, and Ariana Moore.

From the Baldwin Bar Holiday party. Pictured L to R: Ariana Moore, Jessica McDill, and Jessica Milling.

-12-

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 9, 2022.

ACTIVE MEMBERSHIP

• Jessica J. Cotton, graduated from Faulkner School of Law in 2018, admitted to the Alabama State Bar in 2018, and is a solo practitioner.
• Maxie T. Walters, graduated From Georgetown University Law Center in 2021, admitted to the Alabama State Bar in 2021, and is employed with Dearman Law Firm.

DIED: MBA Members Kirk Mattei and Blair Mattei lost their sweet daughter Anne Bennett on November 30, 2022. In her brief time on earth, Anne’s smile shined bright. She will forever remind her family of God’s grace and love. Please keep the Mattei family in your prayers.

DIED: Mary Olivia (Kindig) Wells, mother of MBA Member Judson Wells, died on November 28, 2022. A native of Evergreen, Alabama, Olivia graduated from Auburn University in three years. In 1960, she married her husband of 62 years and they moved to Birmingham. Olivia taught at All Saints Episcopal School while raising her family and continuing her education. She completed a master’s degree with a 4.0 GPA at Samford University and joined its faculty as a professor of English. Olivia went on to have a distinguished career at Southern Progress Corporation, retiring as Copy Chief for Oxmoor House, Southern Progress’ book division. An avid reader and lover of stories, she served on the Board of Directors of the Vestavia Hills Library Foundation and led “Ms. Olivia’s Evening Reads Book Club.” Olivia served her church as a volunteer with The Joseph Ministry, a member of the Executive Board of the United Methodist Women, and a teacher of Disciple Bible Study. She is survived by her husband, three children, and four grandchildren.

The Bankruptcy Section of the Mobile Bar Association will have meetings at noon in the jury assembly room at the United States District Court building in 2023 on February 7^th, May 16^th, August 8^th, and November 14^th per Herman Padgett, 2023 Section Chairperson.

Tobias & Comer Law has announced that attorney Lacey D. Smith recently joined the firm.

DOWNTOWN OFFICE SPACE FOR LEASE:  Beautiful, spacious office in an 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.

Law office for sale in the Government Street/Loop area. Perfect space for two or three lawyers plus support staff. Office furniture for sale as well. If interested, please contact Cameron Weavil at (251) 438-6000 or cameronweavil@gmail.com. 

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.

-13-

Front Row, L to R: Beth Springle – Big Brothers Big Sisters of South Alabama, Elizabeth Walter – CASA Mobile, Valynda Jerome-Williams - Legal Services, Windy Bitzer – President, Mobile Bar Foundation, Shirley McKinney – Assistance League of Mobile, Linda Paragone – LinVin, and Vinny Paragone – LinVin.

Second Row, L to R: Rachele Reis – Legal Services, Ashley Burroughs - Dwell Mobile, Jeri Stroade – Dwell Mobile, Nancy Secor – Assistance League of Mobile, Michelle Wise – Assistance League of Mobile, and Sarah Nell Leman - Dwell Mobile.

On Friday, December 9, 2022, the Mobile Bar Foundation’s President, Windy Bitzer, presented grants totaling $45,000 during the Mobile Bar Association’s Annual Holiday Luncheon. Agencies who were awarded grants are: Assistance League of Mobile, Big Brothers Big Sisters of South Alabama, CASA Mobile, Dwell Mobile, Legal Services Alabama, LinVin, Salvation Army, South Alabama Volunteer Lawyers Program, and Via Center for management of the Volunteer Guardian Program.

President Bitzer stated, “Since 1995, the Mobile Bar Foundation has been able to award over $1.1 million in grants to local agencies. Thanks to all my colleagues at the Mobile Bar Association and Foundation who enable this to happen each year. Also, thank you to our grant recipients for the work they are doing in the community.”

-14-

-15-

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

-16-

Listed below are members who celebrate a birthday in January.

-17-

STAY CONNECTED