Raymond L. Bell, Jr., President

March 2024

Volume XLVIII, Issue 3

In This Issue...

March Luncheon.....................Page 2

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

CLEs.......................................Page 6

Law Day..................................Page 7

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

Women Lawyers......................Page 9

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

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

In the News..............................Page 12

Mobile Bar Foundation.............Page 13

Birthdays..................................Page 16

  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’m pleased with how our year has begun. As you may have heard me say often, and has been said by previous presidents, the MBA accomplishes much of its work through the selfless service of its committees. I am grateful to all who have agreed to serve as a chair: Archives, Charlie Potts; Bar Relations, Forrest Latta; Bulletin, Tiffany Ray; CLE, Celia Collins and Clay Rossi; Diversity and Inclusion, Maxine Walters; Entertainment, Garrett Zoghby; Fee Dispute, Josh Friedman; Grievance, Cooper Thurber; Law Day, Catherine Kirkland; Law Library, Brian Murphy; Lawyer Assistance, Ben Kearns; Lawyer Wellness, Martin Poynter and Alison Herlihy; Mentoring, David Trice and Koby Kirkland, Professional Relations, Hon. Jill Phillips and Stoney Chavers; Public Service, Catherine Spann; and Resolutions, Kathy Miller and Mark Newell. If you are interested in serving on any of the committees, please contact the committee chair or Ann Forbes, our Executive Director.

We all must do what is necessary to protect the legal profession and its reputation, and rid it of incivility. Although this isn’t a new objective, we have to continue to address it and keep it top of mind.

Lately, I’ve read multiple articles about civility—or the lack of it—among lawyers and within the practice of law. There is no doubt that this is a real problem, though the reasons for the rise of this unprofessional behavior may vary. But regardless of what may be prompting such behavior, now is the time for each of us to recommit to civility.

In a broad context, civility is conducting oneself in a manner that is decent. But we are lawyers and professionals, so we must do more than just be decent. To me this means conducting ourselves in such a manner that respects the law and the profession. We should be able to disagree, criticize one another’s positions, and effectively represent our clients while remaining civil. There is no reason to, nor should we, tolerate anything less.

What does incivility cost us? According to the articles I’ve read, incivility causes stress, can be unhealthy both mentally and physically, and can lead to alcohol and substance abuse. In addition to negatively affecting our personal well-being, it hurts us all professionally. Reported consequences of uncivil behavior between lawyers include matters not being handled efficiently, increased costs to clients, and the deterioration of public confidence in lawyers and our profession.

A former U.S. Supreme Court Justice once wrote, “More civility and greater professionalism can only enhance the pleasure lawyers find in practice, increase the effectiveness of our system of justice, and improve the public’s perception of lawyers.” This statement speaks volumes. Imagine how fulfilling being a lawyer would be if we all strove to make our interactions with each other, the courts, and our clients pleasurable, and our roles and work were recognized as meaningful to the community. It will take the work of all of us to rid our profession of incivility. Let’s make it happen!

What have I been doing? In my first article I shared that increasing membership is one of my top priorities as President. Over the past several weeks I’ve been reaching out to lawyers who are not members to see if they would consider either joining or rejoining. If you know someone who is not a member, give them a call and see if they would be interested in membership. We want all of our lawyers to be a part of the MBA.

Thank you, Ann! If you didn’t attend the Mardi Gras party at the MBA headquarters, you missed a great event. Thanks to Ann and her team, the party was a family-friendly, fun event. All who attended had a good time, enjoyed the food and music, and were able to catch the parade twice. I look forward to this event again next year.

Let’s Do More! This month I am encouraging each of us to evaluate our charitable giving. Charitable giving is on a decline nationally, and yet there are so many worthwhile organizations serving thousands in need. Ultimately, this is a personal choice and your level of giving is up to you, but I wanted to remind us all to think of those less fortunate.

As always, I remain...

Raymond L. Bell, Jr.

Mobile Bar Association, 2024 President

This month’s luncheon will include a program tailored to young lawyers in the MBA featuring a panel of several past presidents, along with current President Raymond Bell. Panel participants will discuss issues prevalent among young lawyers, provide advice on how to grow your practice, encourage involvement in the MBA, and tell a few stories about their experiences as lawyers in Mobile. Please make every effort to attend. Plus, you will receive one-hour of CLE credit for attending!

So we are prepared for you, please register by Monday, March 18, 2024.

The sponsor for the March Membership Luncheon is Veritext.

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Volunteer (vol·un·teer), vi.– To offer to enter into any service of one’s own free will.

You never know when your actions of giving back are going to inspire others or impact the Mobile Bar Association. It reminds me of a quote from Michael Jordan, who said, “Earn your leadership every day.”

The Mobile Bar Association has many ways for you to give back to the legal profession. You can give a little or a LOT.

One of the ways you can give back is participating in the Civil Discourse and Difficult Decisions program run by the U.S. District Court, Southern District of Alabama. The program brings high school and college students into the federal courthouse for legal proceedings that arise from situations in which law-abiding young people can find themselves. The program is a hearing and not a mock trial. The activity gives the participants experience with civil discourse skills and complex decision making. The program requires volunteer attorneys to participate one on one with the students. The attorneys can either work as a coach with the students to help prepare them as student attorneys for the oral arguments portion, or they can coach the juror students to discuss the facts and come to a decision at the end of the program.

In the most recent session, a group of attorneys assisted with a Civil Discourse and Difficult Decisions program with the students of UMS-Wright's AP Government Class. After the session, Melissa Rankin, who serves as U.S. District Court Community Outreach, Education, and Training consultant, received the following note from the group.

Thank you again for taking time yesterday to work with our students as part of the CD3 program. We debriefed this morning, and they all thought the experience was very worthwhile, interesting, and thought-provoking. They remarked about the different areas of law you all represented and how that opened their minds to the many different ways one could practice law. They liked the interaction with you, Judge Murray, and each other. One said that after she left her brain felt tired from all the deep thinking she was doing. Another said that even if they weren't planning to be a lawyer, this was still good practice for being an active citizen. From a student's lips to God's ears! 

I truly appreciate your time, expertise, and dedication to this next generation of America's leaders.

Sincerely yours,

Pete Wilson

AP Gov't teacher and chaperone

Powerful! Whether you volunteer through the MBA’s committees and sections, South Alabama Volunteer Lawyers Program, or through the Civil Discourse and Difficult Decisions program, YOU are making an impact! You are being a leader within the legal profession. Your words, actions, and deeds are far-reaching. The Mobile Bar Association is YOUR association. Thank you for getting involved and volunteering. If you’re not involved, please consider participating. Again, we have lots of opportunities. You can give a little or a LOT. Regardless, the most important thing is to connect…learn…and serve. It does the body and soul good!

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. We are listening.

P.S. – If you would like more information about participating in the Civil Discourse and Difficult Decisions program, please email Melissa at melissa_rankin@alsp.uscourts.gov.

P. Ann Forbes

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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UPCOMING CLEs

Workers Compensation Section Lunch and Learn

Monday, March 11, 2024 | 12:00 - 1:00 p.m.

Available CLE Credits: 1.0 | Cost: $18.00, with lunch

LOCATION: ATHELSTAN CLUB

TOPIC: Speaker Boyd Miller will review important recent appellate workers compensation decisions. Please join us for a lively debate, a good lunch, and an hour of CLE credit. 

Advance registration deadline is Friday, March 8, 2024.

To RSVP or for questions: email Boyd Miller at rbmadr@icloud.com.

ONDEMAND CLEs

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YOUNG LAWYERS SECTION

By Amanda Herren, Young Lawyers President

Kick off March Madness with us at our March social! The event will be held Thursday, March 21, 2024, from 5:30-7:30 p.m. at the Outsider. It’s sponsored by ProLegal, and we greatly appreciate their support.   

I want to encourage all young lawyers to attend the March bar luncheon on Friday, March 22, at the Battle House. This month’s luncheon will include a program tailored to young lawyers in the MBA featuring a panel of several past presidents, along with current President Raymond Bell. Panel participants will discuss issues prevalent among young lawyers, provide advice on how to grow your practice, encourage involvement in MBA, and tell a few stories about their experiences as lawyers in Mobile. Please make every effort to attend. Plus, you receive one-hour of CLE credit for attending!

Save the date! Our annual golf tournament will be held on Friday, May 17, 2024, at the Spring Hill College Golf Course. This year, our tournament will benefit Fostering Together Gulf Coast, an organization that connects the resources and generosity of the community with the needs of children in foster care and the foster and adoptive families caring for them in the Alabama Gulf Coast region. We are excited to support this worthy cause. Should you wish to enter a team or donate, please contact Garrett Zoghby at garrett.zoghby@arlaw.com or Robert Alexander at rca@ajlaw.com.

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WOMEN LAWYERS

By Ginger Poynter, Women Lawyers President

Our March lunch meeting is scheduled for Tuesday, March 12, beginning at 11:45 a.m. at Wintzell's Oyster House, 605 Dauphin Street in downtown.  

Beasley Allen is sponsoring our Lunch & Learn event. Rebecca Gilliland of Beasley Allen will discuss Class Action cases, and Jessi Haynes of Beasley Allen will discuss Qui Tam cases. The luncheon is free, and one hour of CLE credit will be available.

The lunch is open to everyone but please RSVP to Ginger Poynter at gpoynterlaw@gmail.com by Friday, March 8, 2024.

We are also soliciting nominations for our 2024 Trailblazer Tea scheduled for Wednesday, June 12, 2024. If you know a great lawyer who has blazed a trail for women in the legal profession, please email me at gpoynterlaw@gmail.com. Nominations are due by Friday, March 15, 2024. 

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In Ex parte Triad of Alabama, LLC, No. SC-2023-0395 (Ala. January 26, 2026), the Supreme Court held that a hospital was entitled to immunity pursuant to the so-called “Alabama COVID-19 Immunity Act” (Ala. Code § 6-5-790 et seq.) against certain negligence claims brought against it. Although the claims in the underlying action were based on the plaintiff allegedly tripping on the edge of a concrete ramp in the “Infusion Entry” of the hospital, the Court held that the plaintiff’s alleged egress through such entry point after having received treatment at the hospital for Covid fell within the plain language meaning of the statute’s immunity grant for health emergency claims which are “any claim that arises from or is related to Coronavirus.”

In LePage v. Center for Reproductive Medicine, P.C., Nos. SC-2022-0515 and SC-2022-0579 (Ala. February 16, 2024), the Supreme Court held that the Wrongful Death of a Minor Act (Ala. Code § 6-5-391) is applicable to “any unborn child,” including frozen embryos kept in a “cryogenic nursery.”

In Zackery v. Water Works and Sewer Board of the City of Gadsden, No. 2023-0530 (Ala. February 23, 2024), the Supreme Court held that certain confidential settlement agreements entered into by a public water board were not subject to immediate disclosure under the Open Records Act (Ala. Code § § 36-12-40 et seq.). Although the parties agreed that the settlement agreements were subject to the Open Records Act as public records, the Court held that the trial court had not exceeded its discretion in determining that an exception to the Open Records Act was present, namely that it was in the public interest to delay disclosure of the settlement agreements until after completion of the bidding process for a public project to which the settlement proceeds would be applied.

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SAVLP would like to recognize members of South Alabama’s legal community who stepped up to provide needed legal help to some of the region’s most vulnerable residents during the 10th annual Project Homeless Connect. The January event, staged by Housing First, Inc., is a service fair for Mobile and Baldwin County residents who are experiencing homelessness. It brings together health care providers, attorneys, law enforcement/court personnel, faith-based organizations, businesses, government agencies, and other nonprofits to provide necessary services at no cost to clients. Attendees have onsite access to legal assistance, dental and vision screenings, housing assistance, and vital resources (food stamps, state IDs, and more). SAVLP coordinates legal services for the event.

Many thanks to the Mobile Municipal and District Court judges and staff, and the attorneys who volunteered their time to make a meaningful difference in the lives of people in our community:

Mobile Municipal Court: Hon. Carvine Adams, Presiding Judge; Hon. Shelbonnie Coleman-Hall, Judge; Hon. Jeff Perloff, Judge; Chelsea Kendrick, City Prosecutor; Grant Gibson, City Prosecutor; Melyssa Nixon, City Paralegal; Elizabeth Kennemore, City Probation; Cheryl Baker, Clerk; Brian Taylor, Bailiff; Nick Urbin, City IT; Kenya Turner, Administrative Assistant; and Debbie McGowin, Director of Courts.

Mobile County District Court: Hon. Spiro Cheriogotis, District Court Judge; Sharla Knox, Circuit Clerk; Michelle Patronas, District Criminal Supervisor; and Chris McDonough, Assistant District Attorney.

Attorneys: Henry Brewster, Annette Carwie, Lewis Carter, Jamie Connolly, Claire Dailey, Benjamin Dickens, Greg Eldridge, Scott Hawk, Jan Jones, Gil Laden, Michael Linder, Pete Mackey, Mark Murphree, Cody Poe, Liam Scully, Ryan Seanor, Henry Seawell, Hendrik Snow, Judy Steele, Brooke Thomas, Zach Weaver, and Michael Wing. We also recognize the Hon. George Hardesty, District Court Judge (Ret.) who volunteered at the event.

Interested in volunteering at an SAVLP 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 March 14, April 11, May 9, June 10, July 18, August 15, September 12, October 10, November 14, and December 12. Go to https://form.jotform.com/233374478244159 to sign up for a 2024 shift.

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MARDI GRAS SOCIAL

A good time was had by all at our recent Mardi Gras Social, held at Mobile Bar headquarters. Make plans to join us in 2024!

Enjoying the parade on Royal Street.

Maxine Walters and Rhyann Chambliss at the Mardi Gras social.

Enjoying the band in the courtyard at Mobile Bar headquarters.

Retired MBA Member Cynthia Ann Cargile McMeans died on December 24, 2023. A native Mobilian, Cynthia attended Westlawn Elementary, Sidney Phillips Junior High School, and Murphy High School. She graduated magna cum laude from the University of South Alabama and earned her J.D. from the University of Alabama School of Law. Cynthia practiced law in Mobile with the firm of Brown, Hudgens, Richardson and later opened her own practice in Gulf Shores and Daphne. She earned her Master of Education degree at the University of South Alabama and taught at Daphne High School before retiring. Cynthia had an insatiable appetite for books, politics, history, and genealogy. She was predeceased by her husband and is survived by her son and two grandchildren. Cynthia is also survived by the following members of her family by marriage: three children, eight grandchildren, and six great-grandchildren.

KUDOS: MBA Member Judge Shelbonnie Hall will be inducted into the Alabama Lawyers Association (ALA) Hall of Fame on March 7, 2024. The ALA Hall of Fame honors lawyers who have been licensed to practice law for at least 25 years and have made significant contributions to the cause of justice. Congratulations, Judge Hall!

Outside Chief Legal LLC proudly announces that the firm, as well as one of its attorneys, were honored by inclusion in the 2024 editions of Best Law Firms and Best Lawyers in America. Outside Chief Legal (OCL) was named to the list in the area of Corporate Law.

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PLEASE CONSIDER MAKING A TAX DEDUCTIBLE DONATION TO THE

MOBILE BAR FOUNDATION



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Listed below are members who celebrate a birthday in March.

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STAY CONNECTED