President's Message

Tiffany’s Salesman: Do they still really have prizes in Cracker Jack boxes?

 

Paul Varjak: Oh yes.

 

Tiffany’s Salesman: That’s nice to know . . . it gives me a feeling of solidarity, almost of continuity with the past, that sort of thing.

Breakfast at Tiffany’s

 

These words were written by that other famous writer from Monroeville, Truman Capote.  They bring to mind our monthly lunch meetings – we meet in a hotel ballroom, say a prayer and the Pledge of Allegiance, listen to a good speaker, and recognize some important people.  May is Law Day, August is Danny Sheridan, November is Memorial Month.  It gives us a feeling of solidarity, almost of continuity with the past.

 

However, in June we do something different.  We meet at Moe’s Original bar-b-que after work. We have Bar-B-Que, fixins’, and your favorite beverages.  We socialize. Oh sure, you can talk about cases and courtroom battles if you want, I prefer to hear about your hobbies, vacations, children and grandchildren.  We need more of that, based on the size and roar of the crowd at the Battle House celebration in March.  And don’t forget, one of the goals for the founding of the MBA 150 years ago was “the cultivation of friendship among members of the bar.”

 

So please come to Moe’s on June 20th at 5:30 p.m. There might even be a prize inside.

NOTICE OF JUNE MEMBERSHIP SUMMER SOCIAL

Thursday, June 20 at 5:30- 7:00 PM

Moe's Bar B Que Downtown | 701 Spring Hill Avenue

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Happy Summer! It’s that time of year when the days are hot with afternoon showers, the kids are out of school and hopefully you are planning a vacation or thinking about a little bit of a slower pace. For us in the office, we are half-way through the year, and it gives us that perfect time to organize (yes, I’m still spring cleaning) and prepare for remainder of the year.  

 

For the first part of the year, the Mobile Bar Association was very busy. We always start the year with getting our committees up and running. Then, in March we held our 150 ^th Anniversary Celebration. What a great event! It was the perfect opportunity to celebrate our rich history and catch up with colleagues.  Then, last month we had several events to recognize Law Day. Law Day provides an opportunity to understand how law and the legal process protect our liberty, strive to achieve justice and contribute to the freedoms that all Americans share. This year’s Law Day theme is  Free Speech, Free Press, Free Society . Thanks to everyone that assisted and volunteered with Law Day.  All the events were a huge success!  We have included several photos from several of the events to recap. 

 

During the summer, the times will not be slower at the Mobile Bar.  In addition to organizing and preparing for the remainder of the year, we do have a few activities planned for you this summer. The next upcoming event is our Summer Social at Moe’s Downtown. It is scheduled for Thursday, June 20 ^th from 5:30 – 7:00 p.m. There will be great food and music by the Joe Glass Band. Make plans to join us!  It is a free event. Next, we are partnering with the Alabama State Bar Solo & Small Firm Section and Mobile County Probate Court to offer a Probate Practice CLE on June 20 ^th and the Mobile Bar Mentoring Committee is offering a MCLE on Discoveries on June 21 ^st .  Please look for more information on both seminars further down in the bulletin.   

 

Also, we have another event, starting in July, to recognize our 150 ^th Anniversary. In partnership with the Alabama Bicentennial, the Mobile Bar is in bringing the Alabama Justice exhibit.  The exhibit will be on display from July 30 – September 19, 2019, in the Atrium of Government Plaza.  This traveling multi-media exhibition includes ten panels on the cases and faces of Alabama’s role in shaping the Supreme Court of the United States. Please be sure to stop by and see the exhibit.

 

Even though it might be a hot and slower pace, we always have something available for you at the Mobile Bar Association. Thank you again for your dedication to the Mobile Bar Association. I’ve only been your Executive Director for eight months and there is one thing that I witness on a daily basis and that is YOUR commitment and dedication that each of you give to the Mobile Bar Association and the legal profession. If it is volunteering on a committee, donating to a fundraiser or giving of your time and talents, even in small ways, you all give 100%.  Thank you for your commitment. As quoted by Coretta Scott King… “The greatness of a community is most accurately measured by the compassionate actions of its members.” 

 

Enjoy your summer,

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2019 MENTORING PROGRAM

Group Mentoring - June 21

By: Greg Vaughan, Alison Herlihy, Dottie Barker, and Winston Grow

The Mentoring Committee of the Mobile Bar Association is offering their  Group Mentoring/Lunch and Learn.

Group Mentoring/Lunch and Learn  is a discussion led by a panel of four experienced lawyers with interaction from the newer lawyer participants.  All participants obtain two hours of CLE credit and lunch is provided. During the lunch break, we encourage experienced lawyers to meet and network with the newer lawyers.  There is no cost for Mobile Bar members with 12 years of experience or less.  For Mobile Bar members with 13 years or more experience, the rates are $50 for members and $75 for non-members. For same day registration, add $25. 

The next Group Mentoring/Lunch and Learn :

CLICK HERE TO REGISTER.

2019 MENTORING PROGRAM

Coffee with the Court

The Mentoring Committee is offering a new program for 2019 called Coffee with the Court .  The concept is to provide a forum for our members to get to know our local judges over a cup of coffee.  At each session, two to three judges will present on the topic: My Top 5 Practice Pointers for Newer Lawyers in my Courtroom . All participants receive one hour of CLE credit, as well as coffee and bagels.  There is no cost for Mobile Bar members with 12 years of experience or less.  We welcome all other Mobile Bar members and non-members to join us, and standard CLE rates are charged.  Space will be limited. We are asking everyone to register in advance.  

We have five more programs in 2019 from 7:30 a.m. to 8:30 a.m. at The Admiral Hotel in the Cove Room. It is a small meeting room on the first floor near the restaurant. Again, we are asking everyone to REGISTER IN ADVANCE . To register, please call the MBA Headquarters at 251.433.9790.

Here are the following dates:

The Mentoring programs are sponsored by:

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The Mobile Bar Association, Mobile County Probate Court and the Alabama State Bar Solo & Small Firm Section are partnering together to offer Probate Practice CLE seminar.  

Schedule includes:

8:30 - 9:00 AM      REGISTRATION

9:00 - 10:00 AM    PROBATING ESTATES        

                  J. Milton Coxwell, Jr., Esquire | Coxwell & Coxwell, Monroeville, AL 

10:00 - 11:00 AM  CONSERVATORSHIPS/GUARDIANSHIPS 

                  J. Greg Carwie, Esquire (General Conservator of Mobile County) | Sirote & Permutt

11:00 - 11:15 AM    BREAK

11:15 AM - 12:15 PM EMINENT DOMAIN/CONDEMNATION

                   Samuel L. Stockman, Esquire | Stockman & Bedsole, Mobile, AL

12:15 - 1:00 PM     LUNCH

1:00 - 2:00 PM     ADOPTIONS                       

                 David P. Broome, Esquire, Mobile, AL

2:00 - 3:00 PM     COMMITMENTS                       

                 E. Russell "Barney" March, III, Esquire | Johnstone Adams, LLC, Mobile, AL

 

3:00 - 4:00 PM     REAL ESTATE RECORDS AND ISSUES

                   Honorable Harry M. D'Olive, Jr. | Baldwin County Judge of Probate

CLICK HERE TO REGISTER.

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LAW DAY 2019

Thank you for supporting all of our Law Day activities. It was a huge success! Also, a special thank you to the Law Day Chair Morgan Hofferber and the committee for all your help. Great job! 

Thank you to all our sponsors.  They are:

Here is a brief look at some of the Law Day activities:

The NATURALIZATION CEREMONY was held on Friday, May 3, 2019. It was held at the U.S.S. Battleship Memorial Park. Around 19 citizens were naturalized. Thank you to Evan Parrott for charing.The event was hosted by United States District Court of the Southern District of Alabama.

The HELP LINE on WPMI was held on Tuesday, May 7, 2019. This year’s Help Line was sponsored by Eiland and Ritchie and a huge success. This year’s chair for the Help Line was John Kavanagh.  We would like to thank the following attorneys for volunteering their time to answer the telephone.  They are: Michael Wing, Jim Robertson, Jeffrey Sport, Ranse Hare, Jonathan McCardle, Pete Mackey, Alex Zoghby, Kristy Dugan, Mark Newell, Ala Colvin, Gaillard Ladd, Gaby Reeves, Hendrik Snow, Judson Crump, Tim Shephard, Morgan Hofferber, Mike Windom, Kyla Kelim, John Teague, Mike Strasavich, David Anthony, Jean Powers, Henry Brewster, Cindy Powell, Jim Robertson, Craig Campbell and Christine Burns.

The LAW DAY LUNCHEON was held on Friday, May 17, 2019. During the Luncheon we recognized our Middle School Essay Contest winners (pictured below) and awarded our Liberty Bell Award. Thank you for Jessica Milling and Allan Eyrich for co-chairing the Essay Contest and Morgan Hofferber for heading up the Liberty Bell Award. This year’s Liberty Bell Award was posthumously presented to Officer Sean Tuder, Mobile Police Department.

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By Kasee S. Heisterhagen, Secretary

The MBA Women Lawyers held their annual Trailblazer Award Ceremony on May 14, 2019, honoring Nikki Patterson’s storied career as a prosecutor and leader within our legal community.  Thank you to all in attendance, to Morgan Hofferber and Christine Burns for their hard work organizing the event, and a special thank you to the District Attorney’s office for their support of Ms. Patterson!

 

The MBAWL will hold its next meeting at Red or White at 5:30 pm on Thursday, June 20.  We hope you can join us!  If you have any subjects you would like to discuss at a future meeting or an idea for a service project, please email Laura Coker at  [email protected]<mailto:[email protected] > or Kasee Heisterhagen at  [email protected]<mailto:[email protected] >. with your thoughts.

YOUNG LAWYERS

By Weathers Bolt, Young Lawyers President:

The YOUNG LAWYERS would like to thank TURNER COURT REPORTING for a great May meeting at OK BICYCLE SHOP.  Turner Court Reporting always hosts a fantastic meeting, and we appreciate their continued support.

 

The June meeting will be hosted by ARMBRECHT JACKSON on June 13th at THE HABERDASHER in Downtown Mobile. This year’s June meeting will also serve as the Kick-Off for the Young Lawyers Golf Tournament the following day. We look forward to seeing everyone at the Haberdasher.

 

The YOUNG LAWYERS GOLF TOURNAMENT is June 14th at Timber Creek. This year the annual fundraiser will benefit a “Back to School” camp that we are co-hosting with THE HISTORIC AVENUE FOUNDATION and FUSE PROJECT at a local elementary school. With the proceeds, we will buy uniforms and school supplies to directly help children in our local community as they launch into a new school year. For more information on the tournament or sponsorships, please contact Golf Tournament Chair Blake Richardson ( [email protected]<mailto:[email protected] >) or me ( [email protected]<mailto:[email protected] >).

 

Finally, we wish to thank all of the sponsors who generously supported this year’s FUNFEST to benefit St. Mary’s Home. Thanks to their support, we were able to host a day of food and games for the children at St. Mary’s and donate more than $2,500 for supplies and other needs.  

This year’s sponsors were:

For updates and additional information, please follow us on Facebook (Mobile Bar Association Young Lawyers  https://www.facebook.com/groups/97086876767/ ) and Instagram (@Mobile_Young_Lawyers). We will also continue to send e-mails. If you are not receiving Young Lawyers e-mails and would like to, please e-mail me ( [email protected]<mailto:[email protected] >), Vice-President Catherine Spann ( [email protected]<mailto:[email protected] >), or Treasurer Blake Richardson ( [email protected]<mailto:[email protected] >).

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        In Heaven’s Gate Ministries International, Inc. v. Burnett , No. 2180075 (Ala., April 19, 2019), the Court of Civil Appeals reaffirmed the well-known, but sometime forgotten, rule that if no actual controversy exists between the parties, the circuit court lacks jurisdiction to enter a declaratory judgment as to some potential, speculative, future matter.

                                                                                                                        

            In Ex parte Eustace , No. 1171103 (Ala. Civ. App., April 5, 2019), the Court of Civil Appeals held that a trial court judgment, which had found that plaintiffs were entitled to compensatory damages but had not determined the specific amount of those damages, was not a final judgment for purposes of appeal.

 

            Similarly, the Court of Civil Appeals in Denault v. Federal National Mortgage Association and Seterus, Inc. , No. 2170591 (Ala. Civ. App., April 5, 2019), held that a trial court’s order without a specific damage amount was not a final judgment for purposes of appeal.

VERNON Z. CRAWFORD BAR ASSOCIATION

Update

By Suntrease Williams-Maynard, President

1) Members of the Vernon Z. Crawford were ecstatic to once again participate in the Minority Pre-Law Conference hosted by the Women's Section of the Alabama State Bar. This was a great opportunity to expose our local high school students to the legal profession. (See photo above regarding the panelists). Other members were of assistance for other parts of the program. A huge thank you to all for making this another year of success!

 

2) VZC hosted a membership drive. There are many great benefits to your membership. Please consider renewing or inviting someone new to join. Contact President Suntrease Williams-Maynard at  [email protected] regarding the drawing for new members.

 

3) In celebration of our members, the Executive Board of Vernon Z. Crawford Bay Area Bar Association will host a Membership Appreciation Barbecue. Please mark your calendars for Saturday, June 8, 2019. The celebration will take place at the Municipal (Langan) Park. Members, please plan to attend. Families are welcome!

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NOTICE OF NEW ACTIVE MEMBERS

The following lawyers were admitted to the Mobile Bar Association, Friday, May 17, 2019.

 

KELLY JANENE ADAMS  graduated from the University of Houston School Law School in 2004; admitted to the Texas State Bar in 2004; the DC Bar in 2006; the Alabama State Bar in 2018; employed with the US District Court for Judge Terry F. Moorer.

 

NORMAN STUART ROMAN  graduated from the University of D.C., David A.  Clarke School Law School in 2015; admitted to the Alabama State Bar in 2016; employed with Legal Services Alabama. 

 

CHARLES B. ARCHER  graduated from Cumberland School Law School in 2017; admitted to the Alabama State Bar in 2017 employed with Luther, Collier, Hodges & Cash. 

 

CHRISTIAN WILLIAM HARBEN , graduated from Cumberland School of Law in 2018; admitted to the Alabama State Bar in 2018; employed with Jackson & Foster, LLC.

 

JOSEPH DAVIS DAMRICH  graduated from Loyola University in 2015; admitted to the Louisiana State Bar in 2015; Alabama State Bar in 2017; employed with Damrich & Allen.

 

DONALD A. BURTON, JR.  graduated from Jones School of Law in 2013; admitted to the Alabama State Bar in 2014; employed with Municipal Court.

 

EMILY PAGE STEELE  graduated from the University of Alabama School of Law in 2009; admitted to the Alabama State Bar in 2009; employed with Steele Law, LLC.

 

DAVID FITZGERALD STEELE  graduated from the University of Alabama School of Law in 2009; admitted to the Alabama State Bar in 2009; employed with Steele Law, LLC.

 

TIMOTHY DAVID GARNER  graduated from Cumberland School Law School in 1987; admitted to the Alabama State Bar in 1987; employed with Olmstead, Harrell & Garner, LLC.

 

CHARLES ANDREW HARRELL, JR.  graduated from Cumberland School Law School in 1999; admitted to the Alabama State Bar in 1999; employed with Olmstead, Harrell & Garner, LLC.

 

CRAIG D. OLMSTEAD  graduated from Cumberland School Law School in 1985; admitted to the Florida State Bar in 1985; the Alabama State Bar in 1997; employed with Olmstead, Harrell & Garner, LLC.

 

JANET DIANE THORNTON  graduated from Jones School of Law in 2016; admitted to the Alabama State Bar in 2017; employed with the Law Offices of JMAC.

 

DONNA WESSON SMALLEY  graduated from the University of Alabama in 1978; admitted to the Alabama State Bar in 1979; employed with Donna Wesson Smalley, P.C.

 

COY CHRISTOPHER MORGAN graduated from Jones School of Law in 2018; admitted to the Alabama State Bar in 2018; employed with the District Attorney’s Office.

 

WILLIAM F. KLINE  graduated from the University of Alabama School Law School in 2018; admitted to the Alabama State Bar in 2018; employed with Luther, Collier, Hodges & Cash.

 

BRENTON C. MCWILLIAMS  graduated from the University of Alabama in 2012; admitted to the Alabama State Bar in 2012; employed with The Law Office of Brenton C. McWilliams.

NOTICE OF NEW ADJUNCT MEMBERS

The following adjunct members were recently approved by the MBA Executive Committee.

 

BELINDA MAE TAYLOR – L.A. Marsal

VICKI B. ROSELIUS – Donald E. Brutkiewicz, Jr.

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MOBILE BAR ASSOCIATION

Summer Social at Moe's

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DIED:  Kathryn Renea Park Burns, wife of MBA Member  Pete Burns and mother-in-law of MBA Member  Troy Schwant , passed away on April 29, 2019.  Renea graduated with a Bachelor of Science in Nursing from the University of Alabama at Birmingham.  As a nurse, Renea’s work focused on caring for premature infants and performing medical genetics research.  Following the births of her children, Renea worked with her husband Pete’s law firm as a forensic nurse consultant.  She loved boating and fishing on Ono Island, gardening, and tennis. The true focus of her life was her love for her family.  Renea is survived by her husband of 42 years, two children, and five grandchildren.

 

DIED:  MBA Member  Thomas M. Marr, Sr.  died on April 17, 2019.  He was a graduate of the University of Alabama School of Law and served as an Assistant Attorney General for the State of Alabama, a Representative in the Alabama State Legislature, President and Chairman of the Board of Deposit National Bank of Mobile, Director of Central Bank of Mobile, and Director of Mrs. Stratton’s Salads.  He founded DRC, Inc. which provided emergency services during natural disasters.  Tommy was the senior law partner in the firm Marr & Friedlander, P.C. for more than 50 years with his late partner Maury Friedlander.  He was a successful entrepreneur in Baldwin County, having built the first privately-owned sewage treatment plant in Orange Beach and numerous condominium projects. Tommy was a member of Christ United Methodist Church, the Country Club of Mobile, and Sigma Chi Fraternity.  He is survived by his wife of 40 years, his six children, eighteen grandchildren, and eight great-grandchildren.

FEDERAL COURT CIVIL PRACTICE SECTION

Notice

By Mike Strasavich, Chair

The Federal Court Civil Practice Section of the Mobile Bar Association gives notice to the membership that the United States District Court for the Southern District of Alabama has adopted, effective May 13, 2019, a revised and updated Introduction to Discovery Practice in the Southern District of Alabama. This is the first revision to these discovery guidelines since 1998, and reflects various amendments to the Federal Rules of Civil Procedure since that time, including the addition of an entirely new section addressing electronic discovery. The updated Guidelines can be located on the Court’s website, or by clicking on this link.

https://www.alsd.uscourts.gov/sites/alsd/files/Discovery_Practice.pdf

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Gardberg & Kemmerly, P.C.  is pleased to announce  Jennifer Caldwell Bryd has joined the firm. Jennifer’s practice includes representing disabled veterans and their families before the Department of Veterans Affairs. 

 

Please make note of updated address information for:  Marcus McCrory , 50 Saint Emanuel Street, Mobile, AL 36602. 

 

Stone Crosby, P.C. is seeking an associate attorney with excellent academic credentials and experience in civil litigation. The candidate will be responsible for investigating, evaluating and developing litigation matters from client intake through resolution. Applicants must be licensed to practice law in Alabama. The firm offers a competitive compensation package with 401(k) benefits and health insurance. Interested candidates should send a resume to Kathy Willis, 8820 U.S. Highway 90, Daphne, AL 36526 or  [email protected] . All inquiries will be treated with the strictest confidence.  

 

If anyone has any knowledge of the  Last Will and Testament of Richard William Groh , please contact Charles H. Jones, Jr. at 251-438-4445 or  [email protected] .

 

If anyone has any knowledge of the  Last Will and Testament of Frances Elaine Adams Novak Wilson Ahmadi or any combination of those names. It is believed the Will was drafted and executed in 1997. If you have any information, please contact Mary Beth Mantiply, Esq. at 251.625.4040 or marybethmantiply.com. 

 

DOWNTOWN OFFICE SPACE AVAILABLE IMMEDIATELY:  456 Conti St Mobile AL 36602. 

Available: One large office Room. Within walking distance of federal courts. 

Amenities: Receptionist, polycom, telephone, internet, WIFI, email, large color copier/scanner, Street parking, lobby, and kitchen. Contact:  James M. Byrd via phone 251-438-2973.

 

DOWNTOWN OFFICE SPACE AVAILABLE: 350 Church Street, two blocks from the courthouse.

One large office downstairs and space for your secretary. Parking available. Conference room and kitchen. Within walking distance of our courthouse. Established firm. If interested, please e-mail [email protected] .

 

DOWNTOWN OFFICE SPACE AVAILABLE:  209 N. Joachim Street in historic DeTonti Square.  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  MARY MIDDLETON ( [email protected] ) or EVANS CROWE ( [email protected] ) at 431-6011. 

OFFICE SPACE AVAILABLE:  1325 DAUPHIN STREET. Close to courthouses, but in a neighborhood setting. All amenities, including plentiful free parking, a full kitchen and two conference rooms. Contact Mechele Marshall at 251-432-8120 or [email protected] .

PUBLIC NOTICE FOR REAPPOINTMENT OF INCUMBENT MAGISTRATE JUDGE

The current term of office of United States Magistrate Judge Sonja F. Bivins, United States District Court, Southern District of Alabama, is due to expire on February 1, 2020.  The United States District Court is required by law to establish a Panel of citizens to consider the reappointment of the Magistrate Judge to a new eight-year term.

The duties of the position are demanding and wide-ranging and include the following:

(1)     Preside over preliminary proceedings in criminal cases;

(2)     Trial and disposition of some misdemeanor cases;

(3)     Preside over pretrial matters and evidentiary proceedings in civil cases, on delegation from the Judges of the District Court;

(4)     Trial and disposition of civil cases with consent of the litigants; and

(5)     Jury selection in most civil and criminal cases.

Comments from members of the Bar and the public are invited as to whether the incumbent Magistrate Judge should be recommended by the Panel for reappointment by the Court. Comments should be marked “Confidential” and directed to:

Charles R. Diard, Jr., Clerk

U. S. District Court

Southern District of Alabama

155 St. Joseph Street

Mobile, AL 36602

Comments  must be received by close of business September 1, 2019.

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Please consider making a tax deductible donation to the Mobile Bar Foundation:

Name: ____________________________________________________________________________________

Address: __________________________________________________________________________________

Phone: _______________________________________ E-Mail: _____________________________________

YES, I want to make a donation to the Mobile Bar Foundation -

In honor/memory of: ______________________________________________________________________

Acknowledgement sent to:

Name ____________________________________________________________________________________

Address: __________________________________________________________________________________

YES, I want to become a member of the Mobile Bar Foundation -

__ Life member ($5000, can be paid in up to 5 annual installments

__ Sustaining Member ($100 or more annually)

__ Regular Member ($50 - $99 annually)

__ Member of MBA practicing 5 years or less ($25 - $99)

__ I would like more information on including the Foundation in my estate planning

I donate my gift of: $__________

Check: __________ (Please make checks payable to the Mobile Bar Foundation)

*Credit Card: Visa/Mastercard# __________________________________________________________________

Signature: _________________________________________________ Exp: ______________________________

Mail to: Mobile Bar Foundation, P.O. Drawer 2005, Mobile, AL 36652



* All credit card transactions will incur a $2.00 processing fee.

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Alabama State Bar

142nd Annual Meeting

Dates: July 17 - 20, 2019

Location: Marriott's Grand Hotel | Point Clear, AL

For more information and to register. CLICK HERE.

Mobile Bar Association, Mobile County Probate Court and ASB Solo & Small Firm Section

Topic: Probate Practice CLE

Date: Thursday, June 20, 2019

Time: 8:30 am Registration and 9:00 a.m. - 4:00 p.m.

Location: Government Plaza, Auditorium

Cost: $25.00; lunch is included in the fee

For more information and to register. CLICK HERE.

Mentoring Committee Lunch and Learn

Topic: Discovery Request, Responses & Disputes

Date: Friday, June 21, 2019

Time: 1:30 – 3:30 p.m. | 2.0 CLE available credits

Location: The Admiral Hotel | 251 Government Street | Mobile, AL 36602

CLICK HERE TO REGISTER!

CALENDAR OF EVENTS

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Listed below are members that are celebrating birthdays in June:

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