Raymond L. Bell, Jr., President

January 2024

Volume XLVIII, Issue 1

In This Issue...

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

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

Mentoring Matters...................Page 7

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

Women Lawyers......................Page 8

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

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

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

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

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

  2024 OFFICERS

President - Raymond L. Bell, Jr.

President Elect - Judge Judson W. Wells, Sr.

Vice President - Mary Margaret K. Bailey

Secretary - Jenna J. York

Treasurer - Brian K. Smithweck

Asst. Treasurer - Gordon G. Armstrong, III

Executive Director - Ann Forbes Sirmon

Editor - Tiffany Ray

President’s Message

To say that I am excited to have the opportunity to serve as the President of the Mobile Bar Association would be an understatement. For almost 25 years, I’ve enjoyed the privilege of being a lawyer, and for most of that time, I have been a member of this association. I have seen firsthand the value of this organization to the many lawyers it serves, as well as its value to the greater Mobile area community. I am honored to serve as President, and I look forward to the year ahead and all of the things we will achieve together.

The Mobile Bar Association has long benefitted from the leadership of outstanding lawyers, and I thank all of the past presidents for their hard work and service. I want to particularly thank Forrest Latta for his leadership last year. Forrest led the MBA with grace and dignity. I also want to thank in advance the other members of this year’s leadership team. I look forward to serving with President-Elect Judson Wells, Vice President Mary Margaret Bailey, Secretary Jenna York, Treasurer Brian Smithweck, Assistant Treasurer Gordon Armstrong, our enthusiastic and innovative Executive Director, Ann Forbes Sirmon, and the many others who will be working with the Bar.

January is a time to reflect on the prior year and set goals for the year ahead. I am excited about what is to come in 2024, and it is my hope that all of our members will have a prosperous year filled with collegiality, service to one another, and service to our community.

The MBA is great because it has great members! With greater membership and participation, we will continue to grow our service to the legal community and to the community at large.

My number one goal this year is to increase the membership of our association and the participation of our members in all of our many committees and activities. During this year, we will undertake initiatives to increase membership and will seek the support of all attorneys in these endeavors. We want members and participation from all law firms, large and small, solo practitioners, and lawyers from every practice area. Increasing our membership will increase our ability to continue to make a difference in our community.

Another goal for this year is increasing attendance at MBA functions and finding other opportunities for lawyers to get together. There is no substitute for personal connections. The people you really know are usually the people you like and like to deal with. Also, there are so many new lawyers that many of us haven’t had a chance to meet in person over the last few years of limited meetings and functions.

A third—and probably the most important—goal for the year is attorney wellness. We are better lawyers, spouses, parents, family members, and friends if we are healthy and maintain balanced lives. Unfortunately, far too many of our colleagues are dealing with the pressures of our occupation through the abuse of alcohol and substances and are unable to properly manage stress and anxiety. This year we will focus on helping lawyers in this area by keeping this topic front and center and making sure everyone knows there are resources available to help.



Let’s do more! What I mean by this is self-explanatory. Let’s do more to be better individually and to help others. Each month in this newsletter I plan to offer a “let’s do more” suggestion. This month do more for your health. Start the new year off with individual goals to be a healthier you. You are at your best when you are most healthy, and the better you are for you, the better you can be for others.

Please mark your calendar and plan to attend the Mobile Bar Association’s Annual Meeting on Friday, January 12, 2024, starting at 8:00 a.m. in the ceremonial courtroom of the Mobile County Courthouse. In addition to hearing about the upcoming year at the Bar, you will have the chance to receive firsthand updates on trending topics from judges from both the state and federal courts. Doors will open at 7:30 a.m. to accommodate same-day registrations. Light breakfast refreshments will be provided prior to the meeting. I hope to see as many of you as possible in attendance.

Again, I am honored to serve as President, and I look forward to the year ahead and all of the things we will achieve together. As always, I remain…

Sincerely,

Raymond L. Bell, Jr.

Mobile Bar Association, 2024 President

Happy New Year!  As you prepare for 2024, consider these three key words: purpose, planning, and action. These three words have been good motivators for me throughout my working career, and I return to them again as I prepare for 2024. As the new year begins, I encourage you to write down your goals and then make a plan, as this gives you purpose, which leads to action.

As you plan for 2024, 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 2024. An invoice will be emailed to you this week. Be sure to check your email inbox for the notification. Please note, the Executive Committee voted to increase membership dues starting in 2024. The increase will be reflected on the membership dues invoice you receive.

• 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 10+ 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 can be 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 Career Center feature on the website. We no longer keep resumes for paralegals or legal assistants on file, nor will we maintain a static page on the website for law firms to list job openings for associates. Instead, the Mobile Bar Association Career Center is an interactive resource connecting qualified legal professionals with career opportunities. Whether you’re searching for a job or job candidates, the Mobile Bar Association Career Center offers 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 2024 and look forward to seeing you at our events. Our success depends on our members’ time, talent, and resources. Without you, we cannot achieve the MBA mission of promoting and maintaining the highest ethical standards of the legal profession, providing professional development and networking opportunities for members, serving the legal needs of the greater Mobile community, and fostering a culture of good will and civility among our 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.

Happy New Year!

Ann

P. Ann Forbes Sirmon

Mobile Bar Association, Executive Director

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Membership Dues are due no later than Sunday, March 31, 2024. 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. Please note: the Executive Committee voted to increase membership dues starting in 2024. The increase will be reflected on the membership dues invoice you receive.

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.

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By Raymond L. Bell, Jr., MBA President

The Mobile Bar Association’s mission includes promoting and maintaining the highest ethical standards of the legal profession; providing development and networking opportunities for its members; and serving the legal needs of the greater Mobile community. These core components of our mission are longstanding and will remain integral in our new strategic plan.

During the past year, many of you participated in developing, and provided valuable feedback for, the 2024 – 2027 strategic plan for the MBA. The hard work of the committee and so many others has produced a plan to drive change within our bar association. The forward-focused vision includes developing and promoting our brand; promoting and increasing quality engagement with existing members; ensuring the fiscal health of the bar; and increasing and creating true opportunities for all lawyers to participate and lead. The thoughtful and extensive process of taking a comprehensive look at where and who we are today and where and what we want to be in the future was well worth it. I look forward to seeing the implementation of the plan. 

So what’s next? Now is the time for all of us to pitch in and help execute the plan. To get started, I invite all members of the bar to visit the MBA’s website and read the strategic plan. After reading it, figure out how you can help and give us your ideas. With all of us working together to implement the plan, we are sure to reach our ultimate goal of continuing to improve our association for the benefit of the legal profession and our community.

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MENTORING MATTERS

By Greg Vaughan, Mentoring Committee Member

Resolve to keep practicing.

I want to begin by thanking so many of you who have written, called, or spoken to me at a bar event about this series of articles. To know that they have been of some benefit to you makes this lawyer feel good.

As we enter the new year, let’s consider your goals for 2024. Are you where you want to be right now in your practice? In your life? If not, you can make a change (or begin to make incremental progress) to get where you want to be. Don’t know where you want to end up? Don’t fret; steady progress often reveals the way.

My suggestion for you in 2024: Resolve to keep practicing. You’ve heard the phrase “Practice of Law.” I don’t know its origin, but I know what it means to me. In our profession, constant and steady improvement is expected, if not necessary. Perfection is not required. Don’t be too hard on yourself. Just continue to make constant positive movement forward. Same thing for your life and personal matters. Steady improvement, not perfection, will take you where you need to be. But, no matter what, keep practicing and do not give up. 

Here are a few suggestions to help you fashion your goals for 2024:

Practice development

It doesn’t matter if you are associate #100 in a firm of 100 lawyers or a solo practitioner, you must build your own practice. Working exclusively for another lawyer’s clients is not an ideal long-term plan. If you want autonomy and some leverage, having your own clients and your own referral sources can’t hurt. How to build your practice: Write and speak in the area of law that is of interest to you. Write an article for a bar newsletter or another industry publication. Then, speak on the topic at a bar function or chamber meeting, or host your own lunch-and-learn. It can be that simple. But you’ve got to get started. So, why not start in 2024?      

Physical fitness and proper diet

To succeed, you must be healthy. To be healthy, exercise and a proper diet is a must. Exercising more consistently is a personal goal for me, so I’m going to try to develop a better plan in 2024. Group classes have helped somewhat by providing accountability—you meet friends, and they just expect you to show up to each class (and if you don’t, and you’re like me, you just feel guilty 😊). If you’re struggling to get back in the physical fitness mix, I recommend joining a class that appeals to you and getting started. You can adjust from there, if needed. And proper diet—well, that can depend on your age and overall health. At the suggestion of my friend and MBA member Russ Copeland, I consulted with a nutritionist (Ken Hanie) about a year ago. It was affordable, and the benefits have been worthwhile. Ken helped me understand the value of eating the right foods at the right times in the right amounts, and I have a better idea of what foods I need to perform at my best—and what foods will do the opposite.  

Time with your people

This may be my top priority in 2024. I have people who matter a lot to me: my kids, my parents, my siblings, friends I consider family. Time with these people is therapeutic. Travel and trips and making memories is what we enjoy. How do I plan to keep doing the things I love with the people I love? More discipline in my practice. I need to review my calendar more often and plan my weeks and months with more accuracy. I need to delegate tasks to my team to ensure that I am performing lawyer/mediator work and earning lawyer/mediator pay for my time. Doing work that does not result in compensation will require more time to earn a living. And more time to earn a living equals less time with my people. 

So, now you have a few topics to consider. Take out a 5x6 card and jot down some ideas for 2024. Or, have coffee with a trusted friend or mentor and discuss your goals. You can build the practice and life you want, you just have to keep “practicing” and make a plan. Make 2024 your year. On a personal note, please know I wish you all the very best this holiday season—and I hope to see you around.

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I’ve spent a lot of time around 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.

If you have any questions, comments, or would like to suggest some future topics, please send me an e-mail at: greg@vaughanpoe.com or call 251-432-8883.       

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YOUNG LAWYERS SECTION

By Amanda Herren, Young Lawyers President

The MBA Young Lawyers will host our first social of the year Thursday, January 18, at Haberdasher from 5:30 p.m. to 7:30 p.m. This month’s sponsor is Veritext. We hope to see you there!

WOMEN LAWYERS

By Ginger Poynter, Women Lawyers President

Is it just me, or did 2023 fly by? I want to thank everyone who helped make 2023 our best year yet. We tripled our membership, hosted an amazing Trailblazer Tea, and sponsored several CLE lunches and happy hours. Tiffany Ray did an amazing job leading our organization last year, and I have some big shoes to fill.

Please join us on January 9 at 5:30 p.m. at Haberdasher on Dauphin Street for our first get-together of the year, and if you’d like to get involved, please feel free to email me at gpoynterlaw@gmail.com. Dues are $35.00 and checks should be made out to MBAWL, P.O. Box 770, Mobile, AL 36633. 

Finally, welcome to the other members of our 2024 Board:

Vice President: Kelly Adams

Treasurer: Rachele Reis

Secretary: McRae Young

Immediate Past President: Tiffany Ray

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Probate Court Email Notification Service – Launched 12/27/23

We are pleased to share that, beginning December 27, 2023, attorneys in Mobile County Probate Court cases WHO HAVE REGISTERED TO FILE PLEADINGS ELECTRONICALLY IN THE COURT will receive an email from the Court advising of upcoming hearings and compliances set in the Court’s Benchmark Case Management System. Notices will outline hearings and compliances that are due within 11 days, with a follow-up reminder at the five-day mark. Notices will be sent from the Court’s donotreply@probate.mobilecountyal.gov email address, which is not a monitored email account. The subject of the email will read, in part, “Probate Court Notification Service”, with case number and associated date/time details for hearings and compliances in the body of the email. Please ensure that your email system is set up to allow emails from the Court's donotreply@probate.mobilecountyal.gov email address.

It should also be noted that, unlike the AlaCourt system, when a pleading is electronically filed in the Benchmark Case Management System, a copy of the pleading is NOT electronically transmitted to other lawyers or parties in interest in the case. Accordingly, the filing lawyer MUST transmit the pleading to all other lawyers of record and pro se parties in accordance with the Alabama Rules of Civil Procedure.

New Alabama Adoption Forms Are Now Available in the Probate Court’s Electronic Form Bank

The Alabama Legislature has adopted a revised Alabama Minor Adoption Code and an Alabama Adult Adoption Code. These new codes became effective on January 1, 2024. The Alabama Law Institute and Alabama Probate Judges Association have prepared the new, approved forms to be utilized in conjunction with the new adoption codes. These forms should be used in pending adoption cases as of the effective date. The new forms are available in a PDF fillable format on the Court’s website in the Court’s electronic form bank. Lawyers may access the fillable adoption forms via the Court’s Benchmark website. Upon login to Benchmark with attorney-access credentials, navigate to the “Links” section on the left side of the site menu. The links page will direct lawyers to an option for “Judicial Forms” where the directories for the Minor and Adult Adoption fillable forms may be found.



If any lawyer needs assistance in registering in the Court’s electronic system, please contact the Court’s IT Administrator, Miranda Phelps, at 251.574.6090 or mphelps@probate.mobilecountyal.gov.

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In Walden v. Disciplinary Board of Alabama State Bar, No. SC-2023-0507 (Ala. December 8, 2023), the Supreme Court affirmed the dismissal of a complaint against the State Bar for lack of jurisdiction and additionally sanctioned a pro se litigant for vexatious litigation. Noting that it had the inherent power to protect against repetitious and frivolous filings that result in an abuse of the judicial process, and that a part of its responsibility is to see that judicial resources are allocated in a way that promotes the interest of justice, the Supreme Court precluded the pro se litigant (who had twice unsuccessfully challenged his disbarment) from bringing the matter before the Court again without representation from a member in good standing with the State Bar.

In Brickhouse Capital, LLC v. Coastal Cryo AL, LLC, and Andres L. Santa, No. SC-2023-0459 (Ala. December 15, 2023), the Supreme Court held that a party could not support a claim for fraudulent inducement to enter into an electronic transaction as a matter of law. The Court initially provided that it is well settled Alabama law that a claim for fraudulent inducement requires reasonable reliance by the plaintiff, normally including a duty to read the contract before signing. Because there was no evidence indicating that the plaintiff had ever read the contract or understood its terms, the Court held as a matter of law that the plaintiff could not satisfy the elements of a claim for fraudulent inducement because the there was no reasonable reliance on the part of the plaintiff. The Court additionally declined to change or alter its approach to the elements of such claims when an electronic contract or transaction was involved, as the present transaction was executed over the online platform Docusign.

In In re Omni Healthcare Financial, LLC, No. SC-2023-0027 (Ala. December 15, 2023), the Supreme Court held that an out-of-state, non-party to suit could not be held in contempt of court for failing to comply with a non-party subpoena. Reversing the Dale County Circuit Court, the Supreme Court held that, because the defendants in the underlying action failed to abide by the North Carolina Uniform Interstate Depositions and Discovery Act and submit the foreign subpoena to the clerk of the applicable North Carolina court as provided in such act, the non-party had no duty to respond to the subpoena and could not therefore be held in contempt pursuant to Ala. R. Civ. P. 37(b) for failing to do so.

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I’d like to start 2024 with a personal note from one of our longtime volunteers, Jennifer Holifield of Speegle, Hoffman, Holman & Holifield, LLC. I hope her words will inspire you all to devote a few hours of your time to volunteering with the SAVLP. I’d also like to thank some of our most recent volunteers for a successful Wills for Heroes clinic, and I’ve provided links to volunteer openings throughout the new year—please see below for details.

A Volunteer’s Perspective, by Jennifer Holifield

I have had the extraordinary privilege of volunteering with SAVLP for nearly all my career. If you are hesitant about signing up as volunteer lawyer, I suggest joining the panel of lawyers that participate in SAVLP’s monthly limited-advice clinic for several important reasons. 

First: The clinic is an excellent introduction to volunteer lawyering. It allows you to interact with your neighbors in the community who are in desperate need of legal guidance, which you can easily provide. Sometimes it takes nothing more than a very simple piece of advice to completely change an outcome for someone with no other avenue of assistance. The experience is always immensely rewarding to me. Like many attorneys, I am extremely blessed. This small contribution of my time is a way to pay forward my good fortune, and being able to help people in my community is a blessing in itself. 

Second: As a practical matter, it can be daunting to take on a case for free. You worry you won’t be able to devote adequate time and effort to the case, or that your paid work will suffer. While these fears are likely unfounded, participating in the clinic is a method of volunteer lawyering that easily eliminates these concerns. The time you commit to the advice clinic is a set and known quantity. You agree to provide two (2) hours of time on a specific date, and once the clinic is over, your commitment is complete. Volunteering for just two hours, two to four times a year, will have no negative impact on your practice or your paying clients.

Third: You may be concerned that your legal knowledge is not sufficiently broad to allow you to provide appropriate help to the varied clients in the clinic. But this is an incorrect assumption. Advice-clinic lawyers have two roles: They provide advice where they are able, and they help SAVLP staff screen legal issues for further services. SAVLP staff will never ask you to provide advice on a legal matter if you are uncomfortable doing so. And most clients only need access to basic legal knowledge. For example, I often advise clients on how to fill out the small-claims complaint form and walk them through what to expect so they can handle their own small-claims court case. However, when a client has a legal issue that I am uncomfortable providing advice on, the SAVLP staff works with me to determine whether there is another lawyer at the clinic that day who can provide advice or whether that client should be assigned an SAVLP lawyer for assistance. Regardless of the legal issue, you will inevitably have more legal knowledge than the client you are assisting, so providing even limited advice about how to proceed is a world of help to many.

Fourth: The advice clinic also provides you with an opportunity to meet attorneys that you may not otherwise have the opportunity to interact with. Not only have I received valuable legal education from these lawyers, but this networking opportunity is a cherry on top of an overall beneficial experience.

I have never regretted a single shift in the advice clinic. Each time I have volunteered, I have felt that I made an impact on at least one client who came to the clinic feeling rudderless. If you are apprehensive about participating in the advice clinic, I urge you to try it just once. It is easy to dismiss opportunities to volunteer because we feel too busy, but the SAVLP clinic requires minimal time and every attorney can help. The SAVLP staff makes volunteering so easy, it is almost criminal not to do it.

Wills for Heroes:

First responders put themselves in harm’s way to serve their communities. The Wills for Heroes project gives legal professionals a way to thank these brave men and women for their work and sacrifices. Many thanks to Maynard Nexsen and volunteers Jaime Betbeze, Mary Anna Brand, Ron Davis, Jacki Diard, Brad Reasonover, Tom Sharp, and Stewart Thames for sponsoring a successful Wills for Heroes clinic at the Mobile County Sheriff’s Department in November. As one volunteer said, “It was a great opportunity to get involved with the South Alabama Volunteer Lawyers Program and in the Mobile community as a whole. It was also a privilege to meet members of our local law enforcement and play a small part in helping them prepare for the future.” Thanks to Maynard Nexsen, 15 first responders left the clinic with estate planning documents in hand.

Pictured L to R: Ron Davis, Stewart Thames, Jaime Betbeze, Ariana Moore, and Brad Reasonover

Pictured L to R: Jaime Betbeze, Mary Anna Brand, Jacki Diard, Heather Sands, and Tom Sharp

How to help:

Interested in volunteering at an advice clinic?  Here are some ways to help out:

We need attorney volunteers for our annual Project Homeless Connect clinic on January 26. 

Click here to register and volunteer during the 2024 Project Homeless Connect

We’ve also scheduled advice clinics at the Mobile County Courthouse throughout the year. They’ll take place on the 4th floor from 1:00pm-3:00pm on January 11, February 8, March 14, April 11, May 9, June 10, July 18, August 15, September 12, October 10, November 14, and December 12.  

Click here to register and volunteer during the 2024 Limited Legal Advice Clinic

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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.

Pictured L to R: Judge Brandy Hambright, Brian Murphy, and Cooper Thurber.

Pictured L to R: Forrest Latta, Cat Kirkland, Katie Willis, and Ricardo Wood.

Pictured L to R: David Trice, Mark Newell, and Gordon Armstrong.

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

Pictured L to R: Forrest Latta and Raymond Bell. Forrest - Thanks for a great 2023!

Forrest Latta addressing the audience during the December Holiday Luncheon.

Pictured L to R: Forrest Latta and Raymond Bell. Passing of the gavel.

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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 8, 2023.

ACTIVE MEMBERS:

• Douglas L. Bridges, graduated from Columbia Law School in 2003, admitted to the Alabama State Bar in 2021, and is employed with Adams IP Law.
• Kayla Graben, graduated from Cumberland School of Law in 2014, admitted to the Alabama State Bar in 2014, and is employed with Davis, Davis & Associates, P.C.
• Josh Hembree, graduated from Jones School of Law in 2015, admitted to the Alabama State Bar in 2015, and is a solo practitioner.
• Robert D. Johnston, III, graduated from Cumberland School of Law in 2023, admitted to the Alabama State Bar in 2023, and is employed with Pierce Ledyard Johnston, PC.
• Kathryn M. Willis, graduated from the University of Georgia School of Law in 2002, admitted to the Alabama State Bar in 2002, and is employed with Burr & Forman.

BORN: MBA Member Madeleine Maury Sherman and husband Cayce welcomed their son, Peter Cayce Sherman, III, on December 20, 2023. Peter weighed a healthy 8 pounds, 15 ounces and measured 21 inches in length. Congratulations, Madeleine Maury and Cayce and welcome, Peter!

Last Will & Testament search: Jennifer Knapp from Mobile, AL. She passed away on October 30, 2023 in Mobile, AL. Please contact Kay Trattles by phone at 251-986-6352 or by email at KayTrattles@maryssheltergulfcoast.org.

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On Friday, December 8, 2023, the Mobile Bar Foundation’s President, Karlos Finley, presented grants totaling $45,000 during the Mobile Bar Association’s Annual Holiday Luncheon. Agencies who were awarded grants are: Assistance League of Mobile, Dwell Mobile, Legal Services Alabama, LinVin, Mobile Interfaith, South Alabama Volunteer Lawyers Program, Veterans Court, and Via Center for management of the Volunteer Guardian Program.

President Finley 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.”

In memory of: Michael Druhan

Donation made by: Deena Tyler

In memory of: Billy C. Bedsole

Donation made by: Caine O'Rear, III

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Listed below are members who celebrate a birthday in January.

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STAY CONNECTED