Mary Margaret Bailey, President

January 2026

Volume LX, Issue 1

In This Issue...

January State of the Bar..........Page 2

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

OnDemand CLEs.....................Page 9

Mentoring Matters....................Page 10

Young Lawyers.........................Page 12

Women Lawyers......................Page 13

Significant Decisions................Page 14

SAVLP......................................Page 15

Lawyers in the News................Page 17

Announcements.......................Page 18

Mobile Bar Foundation.............Page 19

Birthdays..................................Page 24

  2025 OFFICERS

President - Mary Margaret K. Bailey

President-Elect - Sidney W. Jackson, III

Vice President - Gordon G. Armstrong, III

Secretary - Jennifer L. Susman

Treasurer - David D. Anthony

Asst. Treasurer - Christopher L. Nixon

Executive Director - Ann Forbes

Editor - Michael D. Strasavich

President’s Message

Make the Most of Your Membership: The Importance of a Local Bar Association

Thank you for the honor and privilege of serving as President of your bar association for the next year. I am fortunate to be taking over at a time when the Mobile Bar Association is in good shape, thanks to the hard work of last year’s President, Judson Wells, and others who preceded him. Our membership numbers are up, we’re financially sound, and we’ve made changes to better meet the needs of our membership. As Judson explained in last month’s column, we’ll soon receive the recommendations of a bar consultant hired last year to review the association’s operations and governance. My main task as President will be to work with our Executive Committee to act on those recommendations. We are constantly striving to make the MBA the best that it can be.

Local bar associations are important. The lawyers here in the Mobile area need a robust and productive association to protect their professional interests and provide necessary resources. We belong to a community of local lawyers, and the MBA serves as our community center – a place where legal professionals in all practice areas, experience levels, and personal backgrounds can find fellowship, support, and a sense of belonging. Membership presents an avenue not only for professional development but also for community engagement, learning, and the pursuit of shared goals.

As an MBA member, you benefit from the association’s support apparatus – bar staff, leaders, and other members who you can draw on for advice and help in navigating the legal profession. Various bar events provide networking opportunities with local lawyers and judges that lead to stronger professional relationships. You have access to quality programs designed to assist members professionally, financially, and personally. For instance, the MBA provides assistance with recruiting efforts through job listings in its Career Center, as well as support and resources for those dealing with health issues such as burnout, depression, and substance use disorders.

We accomplish more by joining together. Our professional association can look at the big picture and put resources and time into addressing issues of common concern. We all benefit when the MBA does things that help maintain a vibrant legal community in Mobile. This might include encouraging local students to attend law school and return here to practice; creating a welcoming and inclusive environment for new lawyers; enhancing the public perception of lawyers by highlighting their positive impact within the community; encouraging an overall culture of civility and professionalism; and facilitating communication between the local bar and bench – a prime example of this last one being the upcoming "State of the Bar" program at the membership meeting on Friday, January 16.

The MBA is here to serve its members, but it cannot succeed in a vacuum. Each of us has a role to play. Maintaining your membership is important, but being a part of the MBA is about more than just paying your dues; it’s also about active engagement. Your input and participation are vital. Let your bar leaders know what you want and expect from the Mobile Bar Association. You can send a confidential email to me at mmb@frazergreene.com with ideas on how the MBA can improve and help you meet the challenges you face in your practice.

We all have a stake in making the Mobile Bar Association the best that it can be. The benefits of membership are numerous, as will be highlighted in my upcoming columns, but it’s up to us to leverage those benefits.

Sincerely,

Mary Margaret Bailey

Mobile Bar Association, 2026 President

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During the meeting, we will welcome new members, share a few announcements, and hear from our guest speakers.

• U.S. District Court, Southern District of Alabama - Presiding Judge Jeffrey Beaverstock
• U.S. Bankruptcy Court for the Southern District of Alabama - Judge Jerry Oldshue
• 13th Judicial Circuit Court of Alabama - Presiding Circuit Judge Wesley Pipes
• 13th Judicial Circuit Court of Alabama - Presiding District Judge Zack Moore
• Mobile County Probate Court - Judge Mark Erwin
• Mobile Bar Association 2026 President - Mary Margaret Bailey
• Mobile Bar Association 2026 Grievance Committee Chair - Cooper Thurber

So we may be prepared for you, please register by Tuesday, January 13, 2026.

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“New year, new goals, new opportunities to become an even better version of yourself.”

            Rip Miller

Happy New Year! As you prepare for 2026, 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 2026. As the new year begins, I encourage you to write down your goals and then decide, as this gives you purpose, which leads to action.



As you plan for 2026, 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 2026. An invoice will be emailed to you this week. Be sure to check your email inbox for the notification.

MOBILE BAR FOUNDATION DONATION: When you receive your 2026 membership dues invoice, it will include a $25.00 donation to the Mobile Bar Foundation. The funds received from this donation help the Foundation to provide grants to area non-profits such as South Alabama Volunteer Lawyers Program, Legal Services, Mobile County Veterans Court, and Via Center for management of the Volunteer Guardian Program. If you do not want to make the donation, please contact us at MBA headquarters, and we will update your 2026 membership dues invoice.

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 or need assistance logging in to the website, please contact us by phone at 251-433-9790 for more information.

FIND A LAWYER: We will continue to offer our web-based lawyer referral program. According to Google Analytics, it is one of the highest trafficked pages 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 218 searches per month. In addition, we continue to receive 20+ calls a week/100+ calls 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 Association 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 do 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 2026 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 goodwill 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 aforbes@mobilebarassociation.com.

Onward,

P. Ann Forbes

Mobile Bar Association, Executive Director

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IT'S TIME TO RENEW YOUR 2026 MBA MEMBERSHIP DUES!

Like last year, your dues statement will be emailed to you. It should be received the first full week of January. 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.

Also, when you receive your 2026 membership dues invoice, it will include a $25.00 donation to the Mobile Bar Foundation. The funds received from this donation help the Foundation to provide grants to area non-profits such as South Alabama Volunteer Lawyers Program, Legal Services, Mobile County Veterans Court, and Via Center for management of the Volunteer Guardian Program. If you do not want to make the donation, please contact us at MBA headquarters, and we will update your 2026 membership dues invoice.

Membership Dues are due no later than Tuesday, March 31, 2026.

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. Again, if you have any questions, please do not hesitate to give us a call at 251.433.9790.

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SAVE THE DATE!

Registration will be available soon!

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ON-DEMAND CLES

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MENTORING MATTERS

By Greg Vaughan, Mentoring Committee Member

A Lawyer’s Judge



The start of a new year is a great time to embrace a second chance — to hit the reset button and try to do better. This article is about a time when a circuit judge gave me exactly that opportunity.

About fifteen years ago, I was litigating a construction collection case. We were involved in a discovery dispute, and I came to court ready for “battle,” or at least what I thought the practice of law required. I don’t remember the exact words I used during my argument, but I’m quite confident my tone was off-base. I likely made an accusatory comment about opposing counsel — not the best way to frame a discovery dispute.

Our trial judge recessed the courtroom and asked counsel to meet in chambers. Once there, the judge — in the most judicious way possible — explained that both my tone and the substance of my argument fell well below the standards of her courtroom. I’m sure additional guidance was offered, but the message was clear: I needed to improve my level of professionalism.

She could have made those remarks in a crowded courtroom. She could have made an example out of me and sent a message to the rest of the bar in her courtroom. Had she done so, it would have been a devastating blow to the self-esteem of a young lawyer. She knew that — and she chose a better way.

A lawyer’s judge is what you need (and better hope you get) when you are an overconfident, inexperienced attorney who still has much to learn. A lawyer’s judge corrects when correction is necessary, but does so with purpose, discretion, and respect for the profession.



That is the kind of judge I was fortunate enough to appear before fifteen years ago, and I have been thankful for that exchange ever since. The lesson stayed with me long after the case ended — not just about courtroom conduct, but about the responsibility we all share to uphold the dignity of the profession.

That judge was our very own Chief Justice Sarah Stewart, someone who models professionalism, mentorship, and grace, and whose example reminds us that correction, when delivered thoughtfully, can shape a lawyer’s career for the better.

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YOUNG LAWYERS

By Rachel Holt, Young Lawyers President

As we look ahead to all that 2026 has to offer, I’m thrilled about what’s in store for our Young Lawyers Section. This past year we had great turnout at events and added members to our Section, and we’re building on that momentum with an exciting lineup of events and opportunities to network. Our calendar for 2026 will be released shortly, so keep an eye out. We’re planning programs that focus on professional development, networking, and — just as importantly — connecting with one another outside the courtroom.

I’m also happy to share that Beverages with the Bench will continue in 2026. This has been one of our most-complimented events, offering a unique and informal opportunity to engage with members of the judiciary. We look forward to bringing you more of these meaningful conversations.

If you’re interested in getting involved, we’d love to hear from you. Whether you’d like to sponsor an event, help with planning, or simply make sure you’re on our mailing list, please feel free to email me directly. I can be reached at rholt@greenephillips.com. YL thrives because of member participation, and there’s a place for everyone who wants to contribute.



We have a great year ahead, and I’m excited to continue working together to strengthen our community, support one another, and make the most of everything our YL and the MBA has to offer. Thank you for being part of it — I look forward to seeing you at our upcoming events.

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WOMEN LAWYERS

By Rachele Reis, Women Lawyers President

Happy New Year from MBAWL!

We are looking forward to a wonderful 2026, again featuring Happy Hours, CLEs, and our annual Trailblazer Tea. If you have been part of MBAWL in the past, we hope you continue your membership. And if you have not been part of MBAWL before, we welcome you to join in 2026! Membership dues are $40.00. Please contact us at mbawomenlawyers@gmail.com for more information about membership.

Our first event will be a Happy Hour Social for current and prospective members on Tuesday, January 13, 2026, at 5:30 p.m. at Post (571 Dauphin St, Mobile, AL 36602). We hope to see you there!

Save the date for our first CLE lunch of the year, which will be held on Tuesday, February 10, 2026. More details to come.

A huge and heartfelt thanks to everyone who helped us sponsor a family at Penelope House for Christmas! Thanks to your generosity, we were able to provide a mother and her three children with everything on their wish list!

Your 2026 MBAWL Board members are:

President: Rachele Reis

Vice President: McRae Young

Treasurer: Samantha Gunnoe

Communications: Maxine Walters

Trailblazer Chair: Ashton Lattof

If you have questions, wish to sponsor an event, teach a CLE, or make any suggestions, please email us at mbawomenlawyers@gmail.com. You can also find us on Facebook as MBA Women Lawyers.

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In Ex parte Best Choice Roofing Alabama, LLC, No. SC-2025-0541 (Ala. November 26, 2025), the Supreme Court held that an outbound venue clause was enforceable, despite a party’s assertion that they were lacked the requisite business acumen and were “unsophisticated people of very modest means.” According to the Court, when an individual executes and delivers a contract, the fact that he or she is acting in an individual capacity, in and of itself, does not equate to lacking the business acumen to question the inclusion of a clause in the contract. The Court then held that the party opposing the venue clause did not otherwise sufficiently demonstrate that they lacked the requisite business acumen in support of a showing that the outbound venue clause was unfair because it had either been obtained through fraud, undue influence, overweening bargaining power, or unreasonable enforcement based on inconvenience.

In Hixon v. Premier Medical Group, Inc., No. SC-2025-0368 (Ala. December 12, 2025), the Supreme Court held that a defendant health care provider was entitled to summary judgment as to claims of respondeat superior when the claims against a doctor on which the respondeat superior claim was based were dismissed with prejudice. Although the doctor’s dismissal was based on the two year statute of limitations provided by the Alabama Medical Liability Act (AMLA), the Court reaffirmed previous jurisprudence that a principal cannot be vicariously liable after a dismissal with prejudice of the claims against the agent in the same suit unless in conjunction with the dismissal with prejudice the parties entered into a settlement or pro tanto agreement that expressly reserved the claimant's right to pursue claims against the principal. No such reservation was made in the present case.

In Ex parte Coosa Valley Medical Center, Nos. SC-2024-0767, SC-2024-0770 (Ala. December 12, 2025), the Supreme Court held that a plaintiff had unduly delayed in amending a complaint under the Alabama Medical Liability Act (AMLA). In granting the defendant’s Petition for a Writ of Mandamus to require that the trial court strike the first amended complaint, the Supreme Court specifically noted that the plaintiff waited over 2 years after the filing of the original complaint, and over 7 weeks after the close of fact discovery, to amend plaintiff's complaint to include new alleged acts and omissions of the named defendants. This delay was not consistent with Ala. Code § 6-5-551 of the AMLA, which requires, inter alia, that “[t]he plaintiff shall amend his complaint timely upon ascertainment of new or different acts or omissions upon which his claim is based. . .”.

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The South Alabama Volunteer Lawyers Program

Recognizes the Following Attorneys for Their

Extraordinary Service in 2025

Ben Kilborn Mobile Bar Association Lawyers of the Year

Mary Carol Ladd

Vanessa Y. Romero

Joseph D. Steadman, Jr.

Margaret F. Demeranville Award

James M. Guffy, Jr.

Contact heather@savlp.org to sign up for the following January volunteer opportunities:

• Thursday, January 8, 2026 - Mobile County Limited Legal Advice Clinic at the Mobile County Courthouse (1:00 pm - 3:00 pm)
• Thursday, January 15, 2026 - Baldwin County Limited Legal Advice Clinic at Prodisee Pantry (1:00 pm - 3:00 pm)
• Friday, January 23, 2026 - Project Homeless Connect at The Grounds (multiple shifts of two to three hours available between 8:00 am - 2:00 pm)

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HIGHLIGHTS FROM THE HOLIDAY LUNCHEON

We welcomed a large crowd at the Member Appreciation Social and Holiday luncheon. Thank you for joining us!

Pictured L to R: Judge Mark Erwin, Greg Carwie, and Mark Newell.

MBA Past Presidents.

Pictured L to R: Scott Hawk, Raymond Bell, Judge George Zoghby.

2025 MBA President Judge Judson Wells addressing the audience during the Holiday Luncheon.

2026 MBA President Mary Margaret Bailey taking the oath of office during the Holiday Luncheon. The oath of office was administered by Circuit Court Judge Jill Phillips.

Pictured L to R: 2026 MBA President Mary Margaret Bailey and 2025 MBA President Judge Judson Wells.

Judson - Thanks for a great year!

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DIED: Retired MBA Member Edwin Jerome (Jerry) Curran, Jr., died on November 23, 2025, at the age of 93. He was a lifelong Mobilian except for the years spent earning his undergraduate and law degrees at the University of Alabama. He also served with the U.S. Army in Germany. Jerry practiced law with the firm that came to be known as Vickers, Riis, Murray & Curran, now Maynard Nexsen, until a few months shy of his 90^th birthday. Jerry loved spending time at his family home in Point Clear and serving his church of eighty (80) years, Government Street Presbyterian Church. He was a long-time Board Member of the Mulherin Home, which provides residential care for those with congenital developmental disabilities, and he was deeply fond of the organization and its residents. Jerry was predeceased by his first wife of almost fifty (50) years. He is survived by his second wife, three (3) children, eight (8) grandchildren, and two (2) great-grandchildren.

DIED: Retired MBA Member Daniel Lee McCleave died on December 11, 2025. Dan grew up in New Jersey, the son of a Methodist minister. He earned a broadcast journalism degree from American University in Washington, DC after a stint at a San Francisco commune. Dan met his wife of forty-eight (48) years, MBA Member Nicki Patterson, at Saint Louis University School of Law. In 1978, he moved to Mobile (Nicki’s hometown) and practiced law here until his retirement in 2020. Dan’s practice focused on helping the downtrodden: criminal defense, discrimination law, and immigration. Early in his career, Dan successfully challenged Alabama’s law requiring a married woman to register to vote under her husband’s surname. See State v. Taylor, 415 So. 2d 1043 (Ala. 1982). He retired from the firm of McCleave, Denson, & Shields, LLC. Dan loved music and serving the community. He led mission-building trips to Mayan Communities in Mexico, helped the homeless, and gave legendary hugs. Dan is survived by his wife Nicki, four (4) sons, a granddaughter, and a step-grandson.

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Jordan W. Gerheim, distinguished attorney at Outside Chief Legal LLC, has been named to the 2025 Mid-South Super Lawyers® list, an honor reserved for those who demonstrate exceptional leadership and expertise within the legal profession. 

STONE CROSBY, P.C. is pleased to announce that WILLIAM J. BABB recently joined the firm as an associate.  Mr. Babb earned his bachelor’s degree from the University of Alabama and his J.D. from the University of Alabama School of Law. 

Cunningham Bounds is pleased to announce that attorney Carmen Chambers recently  joined the firm. Carmen brings a distinguished academic background, proven courtroom skill, and a deep commitment to client advocacy to her new role representing injured individuals and families across Alabama.

Are you and/or your legal assistant in need of a Government Plaza ID Badge? If the answer is “YES," then the Mobile Bar Association is your first stop to acquire your ID Badge. Each badge is $50. For more information, please contact the Mobile Bar Association by phone at 251-433-9790 or email at info@mobilebarassociation.com to start the process.

Office space for rent at 407 Conti Street also known as the Ezell House. Includes private parking and walking distance from all courthouses. Rent: $750 per month. For more information, contact Bradley Ezell by phone at 251-432-7900.

For Sale: Six framed Old English Indentures (1739 - 1876, vellum and parchment), starting at $300. Please contact Jay Weber by phone at 251-343-8198 or by email at jweber@jblhomes.com.

Office space for lease at 1751 Dauphin Street. Includes 5 private offices and a dedicated parking lot. Contact alison@herlihyfamilylaw.com for more information.

Office space for lease on Downtowner Blvd. It has 1,200 square feet with four office spaces and two restrooms. For more information, contact Matt Cummings by phone at 251-476-6000 or by email at matt@cummingsassoc.com.

EXCELLENT MIDTOWN OFFICE SPACE: Nice, affordable offices for rent in Midtown at the Loop. Located on Government St. next to Little Flower Catholic School. Plenty of free parking. The space includes 1-3 offices as well as a reception area, bathroom, and kitchenette. A conference room is also available. Contact Mike McNair by office phone at 251-450-0111, by cell at 251-510-3223, or by email at msm@mcnairlawyer.com.

FOR SALE: Attractive historical home (1890) located in Church Street East Historical District; 154 S. Lawrence Street; law office presently; 6 rooms; 1 and 1/2 baths; kitchen; residential/business; some office furnishings available; on street parking; gated parking in back of home; walking distance to courthouse. Contact Virginia Haas by phone at 251-433-0027 or by email at: vwhaas7@gmail.com.

FOR SALE: Law Office or Professional Office Building for Sale at 2408 Government Street. Corner Lot with free parking. Property set up for 3 lawyers but easily could fit up to 4 lawyers. Four offices, kitchen and living room/sitting area, conference room, library, 2 bathrooms. Contact Dan Sayers by phone at 251-422-0888 or by email at danielsayers44@gmail.com.

FOR SALE: Historic Building in immediate proximity to Government Plaza and courts at 205 Church Street. The building dates back to 1844 and is an ideal location for a law firm. For further information, please contact Jeremy Milling by phone at 251-694-5050 or by email at Jeremy@Millingre.com.

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 Evans Crowe by phone at 251-431-6011 or by email at crowe@evanscrowe.com.

Legal office space for rent: 1111 Dauphin Street. Contact Buzz Jordan for more information by phone at 251-421-1056 or by email at buzz@rossandjordan.com.

DOWNTOWN OFFICE SPACE AVAILABLE: The Commerce Building, 118 N. Royal Street, Suite 804. One large office available to share space and expenses with well-established lawyers. On-site parking, conference room, law library, waiting area, internet, WiFi, color copier/scanner, fax machine, adept paralegal, close to courthouses. Room for another legal assistant if need be. If interested, contact Michael R. Holberg by phone at 251-432-8863 or by email at mholberg@micro-comm.com, or Camille R. Ford by phone at 251-361-2100 or by phone at camille@thefordlawfirmllc.com.

FOR SALE: Beautiful, spacious house/legal office in historic DeTonti Square neighborhood. Currently fully leased out to legal and other tenants. Plentiful onsite parking with EV charging station. Available conference room, waiting area, kitchenette, and fiber-optic internet connected. One block from the Federal and Bankruptcy Courthouses.  Available now. 205 N. Conception St. Contact Henry Brewster by phone at 251-338-0630 or by email at hbrewster@brewsterlaw.net.

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On Friday, December 12, 2025, the Mobile Bar Foundation presented grants totaling $25,000 during the Mobile Bar Association’s Annual Holiday Luncheon. Agencies who were awarded grants are: Heart of Mobile Service League, Legal Services Alabama, LinVin Scholarship Foundation, Mobile County Veterans Court, South Alabama Volunteer Lawyers Program, and Via Center for management of the Volunteer Guardian Program.

Since 1995, the Mobile Bar Foundation has awarded over $1.1 million in grants to local agencies. Many thanks to all who have enabled the Mobile Bar Foundation to make this happen each year. Also, thank you to our grant recipients for the work they are doing in the community.

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What: Inn of Court

When: Thursday, January 15, 2026

Where: Renaissance Mobile Riverview Plaza Hotel | Harbor Room

Time: 5:30 p.m.

Contact: Evan Parrott by email at eparrott@maynardnexsen.com

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Listed below are members who celebrate a birthday in January.

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STAY CONNECTED