Raymond L. Bell, Jr., President

June 2024

Volume XLVIII, Issue 6

In This Issue...

Ann's Article............................Page 2

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

Lawyer Assistance..................Page 6

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

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

Women Lawyers......................Page 10

VZC Bar...................................Page 10

From the Court.........................Page 11

Significant Decisions................Page 13

SAVLP......................................Page 14

In the News..............................Page 15

Mobile Bar Foundation.............Page 17

Birthdays..................................Page 21

  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

Editor - Tiffany Ray

President’s Message

I hope everyone’s summer is off to a great start!

The Law Day 2024 activities were exceptional! I want to thank Cat Kirkland and the Law Day Committee for their hard work to make the events successful. I also want to thank the many lawyers who visited our local schools to speak with students and classes on Law Day. Additionally, I want to congratulate the Liberty Bell Award winner, Melissa Rankin, and the multiple student art and essay winners.

This month I want to highlight the Mobile Legal Services Alabama office, more commonly known as “Legal Services.” Don’t tell my law partners, but I think Legal Services is one of the most successful and important law firms in this community. How can I think this? I will tell you. They help the most vulnerable people in our community and do a pretty darn good job of it.

Years ago, I heard someone say, “A true measurement in defining a good community is identifying whether the folks (or groups) with the ability to do so help those who need it most.” We have that in our community, and our Legal Services lawyers and professionals are doing their part. Their advocacy for their clients helps make the Greater Mobile area a better place for all of us. 

The men and women at Legal Services help hundreds of low-income families in our community every month by providing civil and family law representation. If the courthouse is open, they are there fighting to keep people in their homes, opposing collections and repossessions, defending the domestically abused, and assisting the elderly from abuse or being taken advantage of. Outside the courthouse, they conduct community education seminars to help families, veterans, and other groups prevent or address legal issues. They also help with administering disaster and other forms of relief to those who need it.

During its many years in this community, Legal Services has represented hundreds of thousands of vulnerable Mobilians. In 2023 alone, Legal Services successfully resolved 13,684 cases and matters. With this level of success, I could not agree more that Legal Services attorneys and staff “empower individuals and communities, challenge systemic injustices, and build a more just and equitable society for the future.”

Thank you, Legal Services. Keep up the great work!

Last month, in recognition of Mental Health Awareness Month, multiple legal journals published articles about the rising numbers of attorneys struggling with stress, depression, and substance abuse. One article that was particularly intriguing to me discussed a scientific study regarding lawyers developing PTSD as the result of their work. According to the article, lawyers are susceptible to PTSD when they are exposed to matters and details within their cases—specifically, horrific details of events of a traumatic nature, including videos, pictures, and emotional testimony.

I share this information because, like in many other professions, we have colleagues suffering from mental health illnesses, and I want others to keep this issue top of mind not only for self-awareness, but also to be able to help fellow lawyers. If you think you need assistance or know anyone who could benefit from some help, the Lawyer Assistance Committee has launched a dedicated webpage on the Mobile Bar website, and there are many great resources available.

Mark your calendars: On June 12, the Women Lawyers will hold their 12^th annual Trailblazer Tea honoring Judge Vicki Davis, and on June 13, the Vernon Z. Crawford Bay Area Bar Association will conduct its Juneteenth celebration.

Let’s Do More! This month, as outdoor temperatures rise, I am encouraging us to think of others who are less fortunate and are not in a position to handle escalating energy costs to cool their homes. While there are non-profits and programs that help provide funding, they often run out of money before the weather starts to cool. If you can, please donate to the organization of your choice that has a program to help those who will need assistance with high energy bills over the next several months.

As always, I remain...

Sincerely,

Raymond L. Bell, Jr.

Mobile Bar Association, 2024 President

Every June, I enjoy reflecting on our Law Day activities held in May. This year’s events were stellar, as always. Thank you, Law Day Committee and Chairperson Cat Kirkland for your hard work. Everyone on the committee pitched in and made this year’s activities a huge success! As they say, “Teamwork makes the dream work.” Thank you!

Here are some highlights from this year’s Law Day activities:

• We had over 130 student participants in our Law Day art and essay contests. These students came from 13 different schools in Mobile County.
• We had over 60 students and parents attend our Judicial Day event in the Campbell Federal Courthouse Ceremonial Courtroom.
• Several attorneys visited local classrooms to speak to the students about Law Day and the Rule of Law.
• We recognized Melissa Rankin with our Liberty Bell Award honoring her countless hours of work and dedication to the federal court system.
• Last but not least, thank you to those who attended our Law Day luncheon. It was great to see our MBA members, and we appreciate your help in welcoming all our guests. We recognized the winners of the art and essay contests, displayed the art and essay entries, and recognized the Liberty Bell Award winner. Our keynote speaker was Professor Michael Gerhardt, who discussed constitutional law and how it relates to this year’s Law Day theme, Voices of Democracy.

I would also like to reflect on May as Mental Health Awareness Month. As Raymond mentioned in his article, lawyers are more prone to mental health issues, including anxiety, depression, and substance abuse. Data from a nationwide study indicates that lawyers generally experience elevated levels of stress and, specifically, 28% experience depression, 19% experience anxiety, 21% abuse alcohol, and 11% abuse drugs. These statistics are a good reminder to all of us and raise questions you should be asking yourself: Are you physically active? Do you have work/life balance? Are you journaling? Do you continue to learn? Do you know when to say no? Do or will you seek help when needed? These are things we should all work on, not just in May, but every single day. These are things I practice myself on a daily basis and encourage you to do—and do often.

Lastly, save the date of Thursday, August 22, 2024, for the Mobile Bar Foundation

30th Anniversary fundraiser with speaker, Danny Sheridan.

NOTE: Danny Sheridan will NOT be speaking at the MBA August 9th Membership Luncheon.

Have a fun and safe summer!

Onward,

P. Ann Forbes

Mobile Bar Association, Executive Director

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UPCOMING CLEs

Workers Compensation Section Lunch and Learn

Monday, June 10, 2024 | 12:00 - 1:00 p.m.

Available CLE Credits: 1.0 | Cost: Free

LOCATION: Athelstan Club

Speaker Jessi Haynes, Beasley Allen Law Firm, will discuss Retaliatory Discharge cases.

Thank you to Beasley Allen Law Firm for sponsoring the Lunch and Learn.

To register, contact Boyd Miller by email at rbmadj@icloud.com.

ONDEMAND CLEs

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LAWYER ASSISTANCE

By Ben Kearns, Lawyer Assistance Committee Chair

A Doctor Discusses Memory, Focus, and Attention Deficit in High-Functioning Individuals

-A Q&A with Ben Kearns and Dr. Mark Haygood

Is it normal for high-functioning individuals to experience difficulties with memory and focus? What are some of the chief causes?

High-functioning individuals can have trouble with memory and focus. A psychiatrist or other mental health professional can help pinpoint the cause of memory or focus problems. These problems can come from anxiety, depression, ADHD, dementia, and burnout. They are often attributed prematurely to one cause without an appropriate work-up, which is why an evaluation is recommended.

What role does stress and overwork play in negatively affecting memory and focus?

Stress is a symptom of anxiety that can have an impact on memory and focus to varying degrees. As lawyers, work/life balance is difficult, but research shows that overworking and not leaving time for exercise, hobbies, and family are contributors to life discontentment. This kind of discontentment can increase stress and cause concentration problems. Additionally, I will challenge you to sleep at night a minimum of eight hours and skip the naps during the day. When we sleep correctly, our brains move information from short-term to long-term storage and manage emotions better. Additionally, the quality of sleep is affected by both nicotine and alcohol. There tends to be a snowballing effect where stress leads to poor coping strategies which, in turn, lead to more stress. When stress hits during the day, going to bed an hour earlier that night to ensure you get eight hours for the next day can help prevent negative coping.

Many people suggest that “information addiction,” excessive cell phone use, and social media can contribute to attention deficit. Is there any truth to this?

Social media is not an effective tool to extend memory or attention, that’s for sure. As for “addiction,” one theory is that quickly changing images or videos can trigger a dopamine release intermittently, similar to the effect of slot machines. As a general recommendation, limit the use of social media by setting and tracking a time limit (ex: 15 minutes a day). Use the extra time you have on activities that promote information retention.

Can you explain, in layman’s terms, a little bit about brain chemistry and how high stress can cause memory and focus problems?

Your sympathetic nervous system triggers a flight, fight, or freeze response to short-term stress. When the emotional center of the brain is highly activated, attention to the variety of tasks we are all responsible for narrows in order to attend to the immediate need. Your brain automatically prioritizes a higher stress situation, and you will underperform on other tasks. These mechanisms have a clear purpose if a bear is chasing you. The panic response is often alerted in more benign situations, though. Good cognitive therapy can help identify which situations are the bear and which are mental distortions. Additionally, long-term activation of these hormones leads to cortisol dysregulation. Cortisol dysregulation causes decreased cognitive functioning and thus poorer decisionmaking. A healthy reminder for yourself when you are starting to feel stress in your body over a particular situation is to say, “A little emotion helps me make wise decisions, too much can create worse outcomes for myself and others.”

What are some things lawyers can do to improve memory and focus? 

Again, I really want to emphasize sleep. After a cup of coffee, sleep will be disrupted for approximately 14 hours (long after the effect of the caffeine wears off). One cup in the morning, I’d say before 10 a.m., is fine. Also, watch your intake of sugar. People will often say, “I am not diabetic.” But we are all subject to fluctuations in blood glucose that cause lethargy and influence our attention span. As for complimentary therapies, meditation has been shown to increase tolerance of distress. Massachusetts General Hospital offers a program called “Bring Relaxation to Your Life” through the Benson-Henry Institute. This program has shown improvement in stress response among participants with 20 minutes a day for eight weeks. Stress, memory, and focus are intimately connected. The best approach is comprehensive. When it comes to mental health, small changes over time are the best way to achieve well-being.

Dr. Mark Haygood is CEO and a Board Certified Psychiatrist at New South Psychiatry in Mobile and enjoys working in local communities to address mental health needs. He completed medical school at the Edward Via Virginia College of Osteopathic Medicine and completed psychiatric training (residency) at the University of South Alabama. He currently serves as the President of the Alabama Psychiatric Physicians Association and as a participating member of the Membership Committee of the American Psychiatric Association.

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MENTORING MOMENT

By Greg Vaughan, Mentoring Committee Member

Practice Pointers from Mr. Pete Burns

I’m honored to count Pete Burns of Burns, Cunningham and Mackey, P.C., as one of my friends. He’s fair-minded, hard-working, and a zealous advocate. He’s a lawyer’s lawyer. Pete has practiced in this community for nearly 50 years, and he has helped manage his office for nearly the entire time. 

If you could sit with a 50-year lawyer and pick his brain about what it takes to have a successful law practice, why wouldn’t you? I did, and here are some practice pointers from Pete: 

a.       Conduct yourself as if you are going to be a lawyer in this community for a long time.

 i.        Earn a reputation you will be proud of.

 ii.       Lawyers:

• Have long memories
• Gossip
• And sometimes become judges.

b.       Be a lifelong learner.

i.        Study technology.

ii.       Study negotiation.

iii.      Study time management:

• Personal time
• Family time
• Set priorities

c.       Do not procrastinate.

i.        Make a decision about every piece of paper or email that you touch.

d.       Phone habits:

i.        Return your calls.

ii.       Phone a friend:

• Heed the Benjamin Franklin Effect. “He that has once done you a kindness will be more ready to do you another, than he whom you yourself have obliged.” This translates to: To build rapport, don't do a favor, rather ask for one.

iii.      Phone a difficult client out of the blue.

e.       Keep detailed notes of phone calls, conferences, and meetings.  I use a naming format that starts

with the year, month, and day separated by dashes—i.e., “2024-01-09 Meeting with Greg.”

     Litigation pointers:

a.       Case selection: Ask yourself three questions:

i.        Should she win?

ii.       Can she win?

iii.      Will the juice be worth the squeeze?

• How much time will it take and what is the likely recovery range?
• Can you get along with the client?
• Is the subject matter interesting to you?

b.       Determine what you have to prove, or defeat, before taking a case, if possible.

i.       Look at jury charges.

ii.      Think about your closing argument.

c.       Deposition practice:

i.        Make an outline, starting with your goals for the deposition.

ii.       Sequence your questioning:

• Plunder before you burn.
• Ask leading questions of adverse witnesses and parties.
• Ask questions like Kaitlan Collins from CNN (pithy and based on the previous answer).

d.       Trial practice:

i.        Abide by the scheduling order.

ii.       Be authentic.

iii.      Ask the Judge’s bailiff or other courthouse personnel about the Judge’s pet peeves.

What’s this advice worth? Almost priceless, I’d say. My question to you: why not call Pete—or a lawyer like Pete—and develop a mentoring relationship? At a small firm or practicing solo? No problem. Go to a Mobile Bar luncheon and meet other lawyers. You can find a mentor—or even two. Or maybe ask a senior lawyer you worked with on a recent case to mentor you. A lunch or a coffee once every other month is a good start. Trust me: This relationship will pay dividends for you and your mentor. 

***

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, 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

Thank you to everyone who supported the Mobile Bar Young Lawyers annual golf tournament. Special thanks to Taylor Martino Rowan for a wonderful kick-off party and social at Cedar Street. We had a great turnout at the tournament, and the funds raised will help Fostering Together continue its mission of supporting children in foster care and adoptive families in our community. 

We are excited to continue our monthly gatherings with our judges. Beverages with the Bench is an opportunity for MBA young lawyers to enjoy a drink after work with members of our bench. Please join us June 11, 2024, at POST from 5:30-6:30 p.m. We hope to see you there.

Our June Social will be on June 20, 2024, from 5:30-7:30 p.m. Location TBD. This event is sponsored by Mobile Bay Reporting. Law clerks are welcome!

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SAVE THE DATE!

The Mobile Bar Young Lawyers Trivia Tournament is July 12, 2024, from 2-5 p.m. at Moe’s BBQ. This is a great event every year. We will have 1^st place, 2^nd place, and 3^rd place team prizes and door prizes. Our tournament beneficiary this year is The Family Center, a non-profit focused on child abuse prevention and building strong families. Should you wish to donate to this worthy cause or enter a team in this year’s tournament, please contact Amanda Herren, ahh@cunninghambounds.com, Robert Alexander , rca@ajlaw.com, or Rachel Holt, rholt@greenephillips.com. Our July Social is immediately following the tournament from 5:30-7:30 p.m.at Moe’s, sponsored by Armbrecht Jackson. We are grateful for their support. Law clerks are welcome!

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WOMEN LAWYERS

By Ginger Poynter, Women Lawyers President

Women Lawyers

announces

12th Annual Trailblazer Tea

Honoring

Alabama Circuit Court Judge Vicki Davis

Wednesday, June 12, 2024

Battle House Hotel | Moonlight Ballroom

11:30 AM - 1:00 PM

Cost: $25.00 Member | $30.00 Non-Member



SPACE IS LIMITED!

VERNON Z. CRAWFORD BAY AREA BAR ASSOCIATION

By Maxine Walters, Vernon Z. Crawford Bay Area Bar Association President

Vernon Z. Crawford Bay Area Bar Association will be hosting its 3rd Annual Juneteenth Celebration. See details below.

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Due to the increase in the jurisdictional limits of District Court (now at $20k), effective June 1, 2024, the district civil division of the Clerk’s office will be able to place funds from Pro Ami settlements into interest-bearing accounts.

Two requirements for this are:

1. The check must be made payable to and deposited with the clerk of court.
2. The Order Approving the Pro Ami Settlement must direct the funds to be placed in an interest-bearing account.

If both Parties want a court reporter for a Pro Ami Hearing in District Court, you will need to make your own arrangements for one. There are none in District Court.

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In Svenson v. Hester, No. SC-2023-0680 (Ala. May 17, 2024), the Supreme Court held that a malicious prosecution claim could not be maintained due to the existence of probable cause. Although the defendant had pressed charges against the plaintiff for knowingly writing a bad check after the statute of limitations had run, the Court held that whether a prosecution is time-barred is not “a relevant consideration” when charges are filed and that probable cause exists whenever the elements of a crime are facially satisfied. As the lack of probable cause is a necessary element of malicious prosecution, the trial court properly granted summary judgment on the claim and the Supreme Court affirmed. 

Similarly, in Seibert v. Stricklen, SC-2023-0741 (Ala. April 26, 2024), the Supreme Court affirmed summary judgment on a malicious prosecution claim because another necessary element, instigation of the underlying prior judicial proceeding, was not present. Although the defendant had reported plaintiff's behavior to the police, the Court reiterated its long-standing holding that giving information of a crime to officers, or a request that the officers investigate a crime, is not aiding or abetting or instigating a prosecution, unless such information was a misrepresentation of the facts in order to induce action, or there was a suppression of known material facts. As the elements of malicious prosecution include 1) that a prior judicial proceeding was instigated by the defendant 2) without probable cause and 3) with malice; 4) that that prior proceeding was terminated in the plaintiff’s favor; and 5) that the plaintiff suffered damage as a result of that prior proceeding, summary judgment was proper due to the lack of instigation. 

In Jamison v. SNH AL Crimson Tenant, Inc., No. SC-2023-0861 (Ala. May 17, 2024), the Supreme Court reversed a trial court’s judgment compelling arbitration on procedural grounds. Noting that it has repeatedly held that a motion to compel arbitration is analogous to a motion for a summary judgment, the Court ultimately determined that the trial court’s failure to follow the procedures from Ala. R. Civ. P. 56, including the 10-day notice requirement as relating to new evidence, constituted reversible error due to actual prejudice to the non-moving party. 

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Many thanks to the following attorneys who accepted or closed files, met with clients at the SAVLP office, and/or volunteered in March and April:

Interested in volunteering at an advice clinic at the Mobile County Courthouse? We’ll be on the 4^th floor from 1:00 p.m.-3:00 p.m. on June 10, July 18, August 15, September 12, October 10, November 14, and December 12. CLICK HERE to sign up for a 2024 shift.

If you would rather donate a few hours to meet clients at the SAVLP office, please e-mail ariana@savlp.org to schedule a date. We are trying to fill shifts in July, August, and September.

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KUDOS: MBA Member Catherine “Cat” Kirkland was recognized with the Junior League of Mobile’s Active Member of the Year Award at the group’s May 9, 2024, Annual Meeting. The Junior League is an organization of women whose mission is to advance women’s leadership for meaningful community impact through volunteer action, collaboration, and training. As an active member, Cat has chaired as JLM’s Admissions and Recruitment Committee and serves as a Nominating Representative for 2024-2026. Cat is also the wife of MBA Member Koby Kirkland. Congratulations, Cat!

KUDOS: Ana Kathryn Coumanis and Nicholas Coumanis, children of MBA Member Christ Coumanis, have been honored by the Greek Orthodox Metropolis of Atlanta (part of the Greek Orthodox Archdiocese of America) with the Archangel Michael Award. Each parish in the Metropolis of Atlanta annually recognizes one adult and one youth member who set a positive Christian example for everyone they encounter. Rev. Fr. Matthew Carter, Presiding Priest of Annunciation Greek Orthodox Church in Mobile, nominated Ana Kathryn (2023) and Nicholas (2024) based on their regular attendance of services, volunteer work in various ministries, and participation in the sacramental life of the Church. Ana Kathryn and Nicholas are students at St. Michael Catholic High School in Fairhope. Congratulations to the Coumanis Family!

DIED: Norma Faye Scribner Pierce, mother of MBA Member John Pierce and widow of deceased MBA Member Don Pierce, died on April 9, 2024. A native Mobilian, Norma was a graduate of Murphy High School. She earned a Bachelor of Science degree from Blue Mountain College at age 18 and a Master of Science degree in chemistry and math from the University of Alabama at age 21. She taught high school math and science for six years and then raised four children for the next 20 years. She was later awarded a Ph.D. in psychology from the University of South Alabama and practiced clinical psychology for 40 years. For over 30 years, she was an active member of Spring Hill Baptist Church, where she led interdenominational bible studies. Norma is predeceased by her husband of 60 years and survived by her four children, 11 grandchildren, and numerous great-grandchildren.



DIED: On May 14, 2024, David A. Simon, Sr., father of MBA Member Catherine Simon Spann, died following a brief battle with esophageal cancer. Born in Marengo County, Dave moved to Mobile at age five. After graduating from Murphy High School, he went on to college and law school at the University of Alabama. Dave practiced law in Bay Minette for 32 years before relocating his practice to Fairhope. Known as a courtroom lawyer, he practiced mostly family law and criminal defense. He served as President of the Baldwin County Bar Association and Vice President of the Alabama Criminal Defense Lawyers’ Association. Dave loved the Alabama Crimson Tide, fried foods, Coca-Cola, Mardi Gras, and Mobile Bay. The chirp of a cicada alone could make him happy, and when coupled with the song of a whippoorwill, he was in downright ecstasy. Dave is survived by his wife of 42 years, two children, and two grandchildren.

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The following applicants applied and were approved for membership by the Mobile Bar Association Executive Committee. They were welcomed into the Mobile Bar Association on Friday, May 10, 2024.

ACTIVE MEMBERSHIP:

• Colin Al-Greene, graduated from Mitchell Hamline School of Law in 2019, admitted to the Alabama State Bar in 2024, and is employed with Travis Johns Law Firm.
• Garrett Lucey, graduated from the University of Alabama School of Law in 2023, admitted to the Alabama State Bar in 2024, and is employed with Boyett, Brady & Smith, PC.
• Virginia Ann H. Powell, graduated from Vanderbilt University School of Law in 2021, admitted to the Alabama State Bar in 2022, and is employed with Starnes Davis Florie LLP.
• Reynolds C. Sorrell, graduated from Cumberland School of Law in 2022, admitted to the Alabama State Bar in 2024, and is employed with Adams and Reese LLP.
• Clayton Williams graduated from Cumberland Law School in 2020, admitted to the Alabama State Bar in 2020, and is employed with the Mobile County District Attorney’s Office.

A family is trying to locate the will for Levinna Johnson Brown. DOB: 04/09/1941, Place of Birth: Butler, AL, DOD: 07/21/2020, Place of Death: Thomasville, AL. The will would have been prepared around 2018. If you have any information, please contact Todd R. or Emma C. Pierce by phone at (850) 496-4100 or (334) 456-4884.

A family is trying to locate the will for Sara Netterville Lane. DOB: 06/15/1941, Place of Birth: Centerville, MS, DOD: 11/10/2022, Place of Death: Grand Bay, AL. If you have any information, please contact Melanie Ann Lane Rische by email at mirische7@gmail.com or by phone at (228) 369-2262.

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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)

__ Associate Member ($100 or more annually)

__ Regular Active Member of MBA ($25 - $99 annually)

__ 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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Listed below are members who celebrate a birthday in June:

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STAY CONNECTED