Forrest S. Latta, President

March 2023

Volume XLVII, Issue 3

In This Issue...

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

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

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

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

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

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

In the News.............................Page 10

Mobile Bar Foundation............Page 11

Birthdays.................................Page 14

  2023 OFFICERS

President - Forrest S. Latta

President Elect - Raymond L. Bell, Jr.

Vice President - Judge Judson W. Wells, Sr.

Secretary - Gordon G. Armstrong, III

Treasurer - Mary Margaret K. Bailey

Asst. Treasurer - Brian K. Smithweck

Executive Director - Ann Forbes Sirmon

Editor - Tiffany Ray

We are more than 60 days into the New Year, so please pay your dues if you have not already done so. We were able to avoid raising the dues rates this year, but the budget is getting tight and your promptness is appreciated.

Who is on the Judicial Nominating Commission? How do they narrow the applicants to three nominees? This process is important to us, to the applicants, and to our community. Our March 3 luncheon speakers will address those questions, as we hear from Charlie Potts, past MBA President and current Commission member, who will be joined by Steve Nicholas, one of our State Bar Commissioners. You’ll be eligible for one hour of ASB-approved CLE credit for attending.

My personal thanks to Judson Wells, MBA Vice President, for scheduling these and other speakers this year. Judson has started a rolling list of speaker prospects to pass along. If you have someone to suggest, drop him a note.

Congratulations to Brian Comer, named to the Governor’s Task Force on workforce development for Mobile and surrounding counties. Brian represents the sectors of Public Safety, Law, Corrections & Security. In a growing community, it is not just industry that needs a qualified labor force.

Our 2023 MBA Section/Committee Chairs met recently to discuss the year ahead. These men and women are the backbone of our association, connecting all the parts. I’d like to thank them for serving, and also thank the following outgoing chairpersons for a job well done:

2022 Section chairs: Paul Beckmann (Admiralty); Evan Parrott (Bankruptcy); Jordan Gerheim (State Court – civil practice); Gordon Armstrong (Criminal Practice); Jean Powers (Probate); and Emily Killion (Women Lawyers). 2022 Committee chairs: Danny Barlar (Grievance); Ann Chapman (Law Day); Moshae Donald (Diversity); Winston Grow (Mentoring); Michael Holberg (Professional Relations); Sid Jackson (Fee Dispute); Edwin Lambeth (Bar Relations); Tom Loper (Public Service); Deborah Mann (CLE); and Beth Rehm (Lawyer Assistance).

Our Mardi Gras Reception on February 9 was outstanding! It was a sellout, which was partly due to the venue, but also to a greater-than-anticipated response—way to go!! We will make bigger plans next year! Kudos to Ann Sirmon who knows how to throw a party! And to John Leech and the Young Lawyers Section for quickly planning an overflow event.

Exceptional Mobile Lawyers

I love seeing our members out in front. In Seattle last summer I had the pleasure of hearing Joe Babington speak to a national audience on expert-witness law. Of course, he and Sid Jackson are two of America’s authorities on this topic, having argued the famous Kumho Tire case in the U.S. Supreme Court. Sid was my legal research instructor in law school and introduced me and others to the now-ancient secrets of Shepherd’s and the Decennial Digest. Joe and Sid are two of our exceptional Mobile lawyers.

Mobile is known for its Hall of Fame athletes, but I would place our lawyers on the same level, and their influence often extends far beyond Mobile. This is easily taken for granted—until you look around and notice how uncommon it is. We saw another example last year with one of our monthly speakers, Robert Windom, who is General Counsel for Apple Computers, and whose parents and uncle are exceptional MBA members themselves.

It reminded me of Mobile lawyer Henry Hitchcock and his family. Some of you have heard of Henry Hitchcock, but you may not know the story of his son Henry Jr., who joined General Sherman on the March to Savannah and later co-founded the American Bar Association. Another son, Ethan, helped create the National Park System.

Our bar association is actually much older than its 1869 incorporation. Henry Hitchcock, a grandson of revolutionary hero Ethan Allen, came to Alabama from Connecticut before statehood. He co-wrote the Alabama Constitution (1819) and held several state offices, including Chief Justice. In private practice he was in high demand, and he invested his earnings in real estate. Within 20 years Hitchcock was one of Alabama’s richest men. In 1836, he virtually self-funded the building of both Barton Academy and Government Street Presbyterian Church, borrowing against his real estate.

Alas, he was over-leveraged when the Banking Panic of 1837 struck, leaving him financially ruined. He died of yellow fever two years later, leaving a wife and children. His widow, penniless, took the children to Tennessee to live with relatives; Henry is buried at Magnolia Cemetery.

Henry’s eldest son, Henry Hitchcock, Jr., was 10 when he left Mobile. He later began a law career in St. Louis. He was a fervent abolitionist who, late in the Civil War, used his family connections with War Secretary Edwin Stanton to gain appointment to the Union Army as an adjutant to General William T. Sherman.

Henry Jr. joined Sherman in Atlanta, and he kept a daily diary of the famous March to the Sea. His diary later was published as a book, “Marching with Sherman.” It is a fascinating account from the perspective of one of Mobile’s native sons who was an eyewitness. Suffice it to say, it offers a similar but somewhat different account than was reported in the Southern press. You historians will find it fascinating.

Henry Jr. returned to St. Louis and became a founding father of the American Bar Association, which he served as President. His brother Ethan Hitchcock, also from Mobile, became a successful diplomat and served as Secretary of the Interior under President Teddy Roosevelt. Ethan also was instrumental in the creation of our National Parks.

Henry Hitchcock’s portrait can be seen at Government Street Presbyterian Church. He would be pleased with Barton Academy’s restoration through the good work of Jaime Betbeze and others.

Brag on your colleagues every chance you get. And please join us for the March 3 meeting. Let’s spend some time together.

Forrest

Forrest S. Latta

Mobile Bar Association, 2023 President

Last month, I had the opportunity to participate in the 2^nd Annual Career Networking Social hosted by the University of South Alabama (USA) National Alumni Association, the Black Alumni Society, and USA Southerners. The event provides currently enrolled students and recent graduates the opportunity to learn about and discuss career opportunities with South Alabama alumni. I really enjoyed talking with students and recent graduates about the legal profession. Several seemed very interested. During the event, Keysha Brown, Director of Community Affairs and City Council Liaison to the Mayor for the City of Mobile, gave a thought-provoking speech about having faith, focusing on what you are good at, and giving it all your passion.

Her message made me reflect on our Mobile legal community. I witness on a daily basis judges, attorneys, and legal staff doing a great job and giving their work 100%. Thank you! It also made me think about the Mobile Bar Association, and how we help our members be better lawyers by providing networking opportunities and continuing education, and keeping members informed of developments in different fields of law and/or courts and career enhancements. We are here to help you focus on what you are good at so you can give it all your passion.

Thank you for being a member of the Mobile Bar Association. Thank you for doing a great job, which helps to elevate the legal profession to the highest possible standard for Mobile County.



We are always interested in hearing your thoughts and ideas about how to improve the Mobile Bar Association and our activities. Please feel free to contact me any time by phone at 251.433.9790 or by email at asirmon@mobilebarassociation.com.

P. Ann Forbes Sirmon

Executive Director

Mobile Bar Association

Thank you again to our sponsors for helping us make our events for the Alabama State Bar and Alabama Circuit and District Judges Mid-Year Meetings a success! Our sponsor list:

Gold

Armbrecht Jackson LLP

Beasley Allen

Burr Forman LLP

Citrin Law Firm

Cunningham Bounds, LLC

Long & Long, PC

Maynard Cooper & Gale PC

Morgan & Morgan

Taylor Martino, P.C.

Silver

Moore Law Firm

Phelps Dunbar

Bronze

Caldwell, Wenzell and Asthana

Frazer Greene LLC

Hand Arendall Harrison Sale

Helmsing Leach Herlong Newman & Rouse

McDowell Knight Roedder & Sledge

Tobias Comer

Partner

Braswell Murphy, LLC

Carr Allison

Daniel Upton Anderson Law & Busby

DeLashmet & Marchand, P.C.

Druhan Tyler, LLC

Gordon Armstrong

Greene & Phillips

Hedge Copeland, P.C.

Holtsford Gilliland Higgins Hitson & Howard, P.C.

Irby & Heard

Johnstone Adams

Jones Walker

Speegle, Hoffman, Holman & Holifield, LLC

Starnes Davis Florie, LLP

Friends

Alex Zoghby

Boteler Richardson Wolfe

Burns, Cunningham & Mackey, PC

Coale Dukes Kirkpatrick & Crowley

Floyd Mediation

Galloway Wetermark

Gilmore Law Firm

Luther, Collier, Hodges & Cash, LLP 

Maloney-Lyons

It’s time to renew your 2023 membership with the MBA.

Submit your dues payment no later than Friday, March 31, 2023.

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.

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.

Workers Compensation Section Lunch and Learn

Monday, March 13, 2023 | 12:00 - 1:00 p.m.

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

LOCATION: ATHELSTAN CLUB

TOPIC: A discussion of important Workers' Compensation decisions in 2022. The discussion will be moderated by Boyd Miller. Please join us for a lively debate, a good lunch, and an hour of CLE credit.

Advance registration deadline is Friday, March 10, 2023.

In-House Counsel Section Lunch and Learn

Wednesday, March 22, 2023 | 12:00 - 1:00 p.m.

Available CLE Credits: 1.0 | Cost: Cost of Lunch

LOCATION: BLUE GILL RESTAURANT

TOPIC: An update on employment law developments. The speaker is Celia Collins of Johnstone Adams. We look forward to seeing everyone there. Please contact Julia Shreve at jshreve@health.southalabama.edu if you have any questions or would like to be added to the group’s email list.

Advance registration deadline is Monday, March 20, 2023.

By Cat Kirkland, Law Day Chair

The Mobile Bar Association is gearing up for its 2023 Law Day Celebration!  Law Day, held annually in May, celebrates the role of law in our society and provides the bar with a great opportunity to talk to our community about the legal profession. This year’s Law Day theme is Cornerstones of Democracy: Civics, Civility, and Collaboration. As in years past, the MBA will host an art and essay contest for K-12 students, a judicial event for contest participants, and, of course, its annual Law Day event with a special speaker and ceremony to honor the Liberty Bell award winner. We need your help to make this year’s event the best ever! Please consider volunteering with the Law Day Committee by emailing Cat Kirkland at ckirkland@burr.com. More information regarding this year’s contest and the nomination process for the Liberty Bell award coming soon!

MENTORING MOMENT

By Greg Vaughan, Mentoring Committee Member

Improving your skillset should be a priority.

Early in my career, I worked for a firm that handled insurance defense matters. Those of you in this boat know how important and time-consuming keeping and billing time can be. Reaching benchmarks results in praise; not reaching them can have you looking elsewhere for employment. What I did not keep track of in those days, but should have, was how much time I spent improving my skillset.

I credit this tip not to a fellow lawyer, but to a motivational speaker I have listened to extensively, the late Jim Rohn. If you’ve never heard Mr. Rohn speak, you can find him on You Tube—and I highly recommend that you do. Mr. Rohn preaches the mantra: “Learn to work harder on yourself than you do on your job. If you work hard on your job you can make a living, but if you work hard on yourself you'll make a fortune.”

Now, I don’t want to give you the impression that I believe you need a “fortune” to be happy (I’ll settle for a “good” living). Rather, what I take from Mr. Rohn’s advice is that you must either be content where you are in your career or be on a path to getting there. So if you’re looking around the office (or out the window, if you’re fortunate enough to have one) and you’re wondering, “Am I going to be happy if I’m still here in five years doing the same thing,” then keep reading.

The amazing thing about our profession is the endless opportunity to build a practice that suits you—with a focus on your strengths. Sometimes, to do that, we need to work on areas that are not currently part of our work day. For example, if your spirit animal is not “brief writer” but you’re stuck doing it anyway, make a game plan to educate yourself, improve your skills, and lean in to your strengths (on your own time, not your employer’s). How do you do that? Here are a few ideas to help get you started:  

• Research and plan your CLE hours. Don’t just load up on hours at the end of the year because you need to hit your 12-hour requirement. Go online and find quality, targeted CLE hours that are of interest to you. Hours that will set your career on the right path—your path. To help you focus on the subject matter, try attending a CLE out of town, far away from the office. If the CLE you’d like to attend is not until October 2023…so what? Book it, book the hotel, and put it on your calendar. Have something to look forward to: Hope is a good thing!

• Find and spend time with a mentor. You don’t have to re-invent the wheel. There are lawyers who have built practices they enjoy—and find fulfilling. These pleasant lawyers do not mind spending time with newer lawyers sharing what they’ve learned. Find and hang out with these people, not lawyers who are trying to “escape.” (Note: Please don’t take offense if you feel like changing professions, but could it be that you just haven’t found the right practice area? For example, maybe you can’t stand being a (fill in your practice area) lawyer but enjoy helping people resolve disputes. Here’s a thought: Why not invest your time in becoming a top-notch mediator? All I’m saying is, take a hard look before throwing in the towel and going negative on us 😊). 

• Write and speak. Once you’ve mapped out your game plan, become a subject matter authority by writing an article and delivering it to the right audience. (Note: See last month’s bulletin for more information on this).

***

I’ve spent a lot of time around more senior 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 or comments, or would like to suggest some future topics, pass along some good vibes, or just meet for coffee to discuss your career, please send me an e-mail at: greg@vaughanpoe.com.

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YOUNG LAWYERS SECTION

By John Leech, Young Lawyers Section President

WOMEN LAWYERS

By Tiffany Ray, Women Lawyers President

Thanks to all who stopped by Cheese Cottage on February 28 for our first event of the year, and thanks to Mobile’s new Juvenile Court Judge, Hon. Linda Collins Jensen, for greeting WL members during the after-work social.

Mark your calendars!  Our next event, a lunchtime CLE, is scheduled for 11:45 a.m. Tuesday, March 14, 2023, at Cafe Del Rio on the Causeway. Other details TBD. Please look out for an email invitation. RSVPs for the luncheon go to Ginger Poynter at gpoynterlaw@gmail.com. If your contact information has changed recently, feel free to contact me at tiffany@taylormartino.com to update our list.

Dues statements are going out now. Membership is $30 for the year. You can pay by cash or check (payable to “MBAWL”) at the March luncheon, or mail your payment to: Mobile Bar Association Women Lawyers, P.O. Box 770, Mobile, AL, 36633.

Also, we are seeking nominations for the MBAWL’s annual Trailblazer Award. Presented annually at the MBAWL Trailblazer Tea, the Trailblazer Award honors an individual who has blazed a path for women in our profession and aided the cause of equity. Anyone can nominate a Trailblazer; honorees are selected by a committee of MBAWL members. If you have someone in mind, let us know!

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The Mobile County Public School System is accepting gently used suits, tuxes, ties, long dresses, shoes, and/or jewelry for their Royal Closet project. All donations will help Mobile Area High School students go to their prom.

Donations are accepted until Friday, March 10, 2023.

Drop off location is Underwood & Riemer, PC, located at 2153 Airport Boulevard

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KUDOS: Five MBA Members were named to Mobile Bay’s 40 under 40 Class of 2023: Taylor Barr Johnson, Emily Killion, Eddie Rowe, David Trice and Jenna Jayjohn York. The 40 under 40 program is designed to recognize the top individuals under the age of 40 who demonstrate leadership, professional excellence and commitment to the Mobile Bay community. Way to make those moves while you are still spry!

BORN: On December 2, 2022, MBA Members Johana Bucci Gerheim and Jordan Gerheim welcomed their son, John George “JG” Gerheim. JG weighed a respectable 8 lbs, 6 oz. Congratulations to the Gerheims!



DIED: MBA Member Robert “Bob” Austin Beckerle died on December 24, 2022. Bob is the husband of MBA Member Vivian Beckerle and father of Mobile lawyer Amy Beckerle Andrews. Born in Wilmington, Delaware, Bob moved to Mobile when his stepfather, a pilot in the Army Air Force, was transferred from Okinawa, Japan. He graduated from Murphy High School, Auburn University Engineering School, and the University of Alabama School of Law. In 1961 he returned to Mobile, where he practiced law for 58 years. He was a strong proponent of separation of church and state. In 2001, he and three other plaintiffs successfully sued the then-sitting Chief Justice of the Alabama Supreme Court, Roy Moore, for an injunction to remove his infamous Ten Commandments monument from the Alabama State Judicial Building in Montgomery. Bob is survived by his wife of more than 50 years, daughter, and two grandchildren.

DIED: On January 16, 2023, MBA Member Ralph Edward “Ed” Massey, Jr., died. Ed is also the father of MBA Member Ralph Edward “Eddie” Massey, III. A native of Chatom, Ed earned both his undergraduate and law degrees from the University of Alabama. He began his legal career in Mobile in 1972 and was recently honored by the MBA for his 50 years of practice. Ed served as a lay leader at Dauphin Way Baptist Church for more than 25 years. Later, he helped to establish Dayspring Baptist Church, where he taught Sunday school and was active in the church’s leadership. Ed is survived by his wife of 53 years, three children, and six grandchildren.

DIED:  Retired MBA Member and Judge Dominick John Matranga died on February 1, 2023. Judge Matranga was educated in the schools of the Mobile Archdiocese, graduating from the McGill Institute in 1954. He served in the U.S. Marine Corps before graduating from the University of Alabama School of Law. He began the private practice of law in Mobile in 1965 and served as a Mobile County District Court Judge for 20 years. After his 1997 retirement, he continued to serve as a supernumerary judge. Judge Matranga was a devout Catholic who served and supported St. Edmund by the Sea and St. Ignatius Catholic Church. He is survived by his wife of 58 years, two children, and three grandchildren.

DIED: Amelia “Mimi” Piser Schwarz Holberg died on February 6, 2023, at the age of 107. Mimi was the widow of deceased MBA Member and past MBA President (1942) Ralph Holberg, Jr. Mimi grew up in her family’s home at Government and Hallett. Her father was in the livery, racing, and circus businesses. As a youngster, Mimi was an award-winning rider. The last surviving member of the Murphy High School Class of 1933, she was a life-long member of Springhill Avenue Temple and Temple Sisterhood. Mimi is survived by her two sons, four grandchildren, and nine great-grandchildren.



DIED: Mother of recently deceased MBA Member Jimmy Hasser and grandmother-in-law of MBA Member Gaillard Ladd, the elegant Peggy Glass Hasser, died on February 10, 2023. A native Mobilian and former Azalea Trail Maid (original class), Peggy graduated from Murphy High School at the age of 16. After attending Montevallo College, she returned to Mobile, where she became an interior decorator with an affinity for 16^th- and 17^th-century antiques. She loved the beach and supported the arts, St. Ignatius Church, and Spring Hill College. She was predeceased by her husband and two sons and is survived by her three grandchildren and ten great-grandchildren.

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Jean Powers is trying to locate the original will of Maxine Reynolds Davis executed on 11.18.2004. It was prepared by Braxton Counts. If anyone has any information, please contact Jean by phone at 251.544.6744 or by email at jean@jeanpowerslaw.net.

The attorneys of Cunningham Bounds are pleased to announce Joseph F. McGowin has joined the firm as an Associate.

Kent McPhail is pleased to announce the name change of the firm from Kent McPhail & Associates, LLC, to McPhail Sanchez, LLC.



Respected Law Firm located in Riverview Plaza in the heart of downtown Mobile has space available for an immediate, direct sublease. This is a perfect opportunity for any small business or professional firm seeking space in a prominent building with great views and amenities. If interested, please reach out to Ray LoCicero @ 504.596.4149 for more information.

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Mobile County Defense Lawyers Association Spring Seminar

Date: Friday, March 3, 2023

Time: 1:00 PM

Location: Government Plaza – Ceremonial Courtroom

Cost: MCDLA Members: Free and MCLDA Non-Members: $50.00

For More Information and to Register: mobileclda@gmail.com

For a full list of upcoming events in 2023, click here and visit our website.

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Listed below are members who celebrate a birthday in March.

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STAY CONNECTED