Mark A. Newell, President
May 2019
Volume XLVIII, Issue 5

 In This Issue...
Ann's Article.........................Page 2
Proposed Bylaws....................Page 3
Law Day..............................Page 3
Young Lawyers......................Page 4
Women Lawyers....................Page 4
Mentoring Committee.............Page 5
Lawyers Helping Lawyers.........Page 6
150 Celebration....................Page 7
Significant Decisions..............Page 8
SAVLP................................Page 9
In the News........................Page 10
Announcements...................Page 11
Mobile Bar Foundation...........Page 12
Upcoming Events..................Page 13
Practicing Law 50 Years.........Page 14
Birthdays...........................Page 15
  2019 OFFICERS
President - MARK A. NEWELL
President Elect - GEORGE W. “SKIP” FINKBOHNER, III
Vice President - CHARLES J. "CHARLIE" POTTS
Secretary - MARY STONE
Treasurer - CHARLES E. “CHIP” TAIT
Assistant Treasurer - J. ROBERT "ROBBIE" TURNIPSEED
Executive Director - ANN F. SIRMON
Editor - JULIA J. SHREVE
President's Message

I love Westerns, and one of my favorites is  The Man Who Shot Liberty Valance , starring John Wayne, Jimmy Stewart, Lee Marvin and Vira Miles.  There is an important scene where the people of the territory are voting on a representative to send to Congress.  As they enter the precinct (bar) to vote, three men identify themselves: “Ransom Stoddard, Attorney at Law, Dutton Peabody, Newspaper Editor, and Peter Ericson, U.S. Citizen.”  Ericson presents his freshly sealed certificate confirming his brand-new U.S. Citizenship.  All three enter to vote; each vote counts the same.

This movie has everything we celebrate this month:  the role of free press, the function of town meetings, the right to bear arms, free speech and open debate, the influence of education, the rule of law over criminality, the right to vote, and equal justice under the law for all U.S. citizens.  So many times, we take these rights and freedoms for granted, but May presents an opportune time to reflect, celebrate, and take action on these freedoms. Attend the May 3 rd Naturalization Ceremony at Battleship Park and you will see how important it is to our newest Americans to receive a certificate of U.S. Citizenship. Participate in the Law Day Helpline May 7 th and answer questions to provide assistance to people with real everyday problems.  Volunteer at a school and speak to young people about our Constitution.  Attend the May 17 th monthly MBA meeting and witness the Liberty Bell Award given to the individual who best represents this year’s theme: Free Speech, Free Press, Free Society

The last line of the movie is, “when the legend becomes fact, print the legend.” During our Law Day events, legend and fact become one and the same.

NOTICE OF MAY MEMBERSHIP LUNCHEON
Friday, May 17, 2019 at 11:45 AM
 
The Admiral Hotel
251 Government Street
 
Join us for our Law Day themed Membership Luncheon. Our guest speaker for the meeting is Public Safety Director for the City of Mobile James M. Barber. The posthumous recipient of the Liberty Bell award is Officer Sean P. Tudor. We will also award our Law Day middle school essay contest winners and vote on two bylaw amendments.
  
If you park in the hotel garage, a parking pass will be provided.
Our sponsor for the meeting is Professional Retirement Services, Inc.
To register online, click here .

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Ann's Article
Happy Spring! I know you are ready, just like I am, for the change in weather. I’ve really enjoyed the beautiful weather that we have been blessed with over the last couple of weeks. It is a welcome change from the cloudy and rainy winter. At my house, Spring is also the season for cleaning and organizing. Do you need to clean and organize?  There’s no doubt Spring cleaning can be daunting. Let’s face it. It can sometimes even be annoying. However, it is a necessary task. Out with the old and in with the new.  Once finished, it gives you a sense of renewal and revitalization. 
 
To keep myself organized in my Spring cleaning, I make a list, so it doesn’t seem to be intimidating or the always getting side tracked. Is Spring cleaning on your list?  Cleaning is on our list here at the Mobile Bar Association.  We are making our list and organizing.  As you clean and organize, here are a few items to consider adding to your Spring cleaning list as it relates to the Mobile Bar Association. 
 
  1. Government ID cards – Please remind your new practicing attorneys to visit the Mobile Bar Association and get an application for a Government Plaza Photo ID Card.  The card is $50.00.  The process is simple. Complete the application and submit the $50.00 fee to the Mobile Bar Association.  Then, take your receipt to the Security Office in Government Plaza.  Your photo will be taken and ID card issued; this will give you easier access into Government Plaza. 
  2. Lawyer Referral – If you know of someone that is needing an attorney who can afford to pay a lawyer and does not know how to find one who handles their type of legal problem, the Alabama State Bar offers a Lawyer Referral Service program. Currently, the Mobile Bar Association does not offer a Lawyer Referral Service program.  To contact the Alabama State Bar Lawyer Referral program, call their toll-free number of 1-800-392-5660.
  3. Member Benefit - Blue Cross Blue Shield - As a member of the Mobile Bar Association, you and your staff can participate in our Blue Cross Blue Shield health plan.  Yes, our new member benefit of health insurance is available to your staff.  They can join the Mobile Bar Association as an adjunct member.  The cost of adjunct membership is $35.00, annually.  Once an adjunct member, they are eligible to participate in our health insurance plan. They would have 30 days to apply for the insurance or wait for our March open enrollment period. 
  4. Membership Dues - If you haven’t already, don’t forget to pay your membership dues with the Mobile Bar Association.  We have lots of exciting things happening at the Bar and we want you to join us. Throughout the year, our association provides multiple networking opportunities, professional development and different ways of giving back to our community.  
 
Get moving!  Make your list and a timeline to make the most of your organizing.  Most importantly, make the activity fun and be sure to include the Mobile Bar Association. Happy Spring cleaning! We look forward to seeing you at the May Membership Luncheon.
 
Fondly,
Ann
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Notice of Proposed Amendments to the Bylaws
In accordance with the bylaws, notice is hereby given that the following bylaw amendments will be considered at the regular membership meeting of the Mobile Bar Association on May 17, 2019.  All proposed amendments to the bylaws are in bold and underlined.
 
Amendment 1:
 
Article I – Membership; (b) Election of Active and Associate Members
 
(4)        Election by the Association.  Upon nomination by the Secretary, and upon said nomination being duly seconded, a candidate shall be elected to membership at a regular meeting of the Association at which the candidate is present and upon the candidate’s receipt of a majority vote of those active members present and voting.   A candidate’s absence from the regular meeting where he/she is voted on for membership may be permitted upon approval by the Executive Committee.
 
(6)         Participation in the MBA Insurance Benefit Program.  Upon completion of the requirements contained in paragraph (1) of this section, and payment of dues, candidates for active or associate membership are deemed to be members of the MBA for purposes of participating in the MBA insurance benefit program.  This does not relieve the candidate from complying with the remaining requirements of this section.
 
Amendment 2: 
 
Article I Membership; (a)Classes of Membership; (3) Adjunct Members
 
Adjunct Members.  Persons who are actively engaged in the occupation of a legal assistant in Mobile County as that term is defined in Article  7A 8(b) of these By-Laws shall be eligible for adjunct membership.   In addition, persons who are actively engaged in the legal industry and whose primary occupation involves providing services (court reporters, videographers, etc.) to lawyers in the Mobile area shall be eligible for adjunct membership.   Adjunct members may attain such membership as provided in subdivision (a) of Article 8 of these By-Laws.  Adjunct members may attend any meeting of the Association, except such meetings as may be called for active members only.  Adjunct members shall not be entitled to the floor for discussions nor shall they be entitled to vote or hold office in the Association other than an office in the Legal Assistants Section of the Association.

LAW DAY 2019
Calendar of Events
By Morgan S. Hofferber, Chair

Law Day is celebrated nationwide each year in May. The Mobile Bar Association plans, facilitates, and attends a variety of events commemorating this special occasion. This year's Law Day theme is  Free Speech, Free Press, Free Society

Sponsorship is also available. If you are interested in sponsoring Law Day events, please send emails to Morgan Hofferber at mhofferber@mcdowellknight.com.

Here are Law Day upcoming events and WE NEED YOU!
 
May 3, 2019- Naturalization Ceremony 
  • 11:00 a.m. at U.S.S. Alabama Battleship Memorial Park
  • The Honorable Jeffrey U. Beaverstock, Presiding
  • Guest Speaker: Congressman Bradley Byrne

May 7, 2019 - Law Day Helpline - 6:00 a.m. - 1:00 p.m. at Local 15 TV
  • WE NEED YOU! We need volunteers to staff the phone lines during our annual Law Day Helpline. We need 6 to 8 lawyers for  1 1/2-hour time slots. If you would like to volunteer or find out what time slots are available, please contact Tammy Anderson at tanderson@mobilebarassociation.com.
  • A special thanks to Eiland & Ritchie for sponsoring the Helpline.

May 17, 2019 - Law Day Luncheon  - 11:45 a.m. at The Admiral Hotel
  • Please join us for the annual MBA Law Day Luncheon. Our guest speaker for the meeting is Public Safety Director for the City of Mobile James M. Barber. The posthumous recipient of the Liberty Bell award is Officer Sean P. Tudor. We will also award our Law Day middle school essay contest winners.
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YOUNG LAWYERS
By Weathers Bolt, Young Lawyers President:

  • The May meeting will be hosted by TURNER COURT REPORTING on May 16, 2019 at THE OK BICYCLE SHOP, located at 661 Dauphin St. We look forward to seeing everyone at the Bike Shop.  

  • Thank you also to the lawyers and firms that participated in and sponsored FUNFEST at ST. MARY’S HOME. It is a worthy cause and great way for us to give back to the community.
 
  • Finally, be on the lookout for information on the YOUNG LAWYERS GOLF TOURNAMENT. 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 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 (wbolt@starneslaw.com), Vice-President Catherine Spann (CSpann@handarendall.com), or Treasurer Blake Richardson (brichardson@hglawpc.com).
NOTICE OF NEW ADJUNCT MEMBERS

The following adjunct members were recently approved by the MBA Executive Committee.
 
Terri C. Cordova - Kevin T. Green
Paula A. Griffith - Manley L. Cummins, III
Brandi Nicole Hattenstein - Stein & Pilcher, LLC
Donna E. Henderson– Court Reporter
Joel W. Knain – Crosby Law Firm
Lisa C. Lods – Druhan Tyler, LLC
Kathryn B. Pearson – W. Beatty Pearson, P.C.
Lisa E. Peters – Court Reporter
Tracy L. Seaman – Crosby Law Firm


By Kasee S. Heisterhagen, Secretary
 
The MBA Women Lawyers are proud to announce the  2019 Trailblazer Award Winner is Nicki Patterson ! Ms. Patterson has a storied 25-year career as a prosecutor. Most recently she served as Assistant District Attorney for Mobile County where she was the sole prosecutor for the Child Advocacy Center, fighting for child victims of violent and sexual abuse. Please join us on  Tuesday, May 14th at the  Battle House Crystal Ballroom as we honor this worthy recipient and hear from some of the many people she has influenced over the years! To reserve your seat or table, please contact Morgan S. Hofferber at  mhofferber@mcdowellknight.com

Ms. Patterson joins the following list of Trailblazers recognized by the MBA Women Lawyers:
Helen J. Alford
Merceria L. Ludgood
Frank Fields Smith
Honorable Callie V.S. Granade
Beth Marietta-Lyons
Honorable Margaret A. Mahoney
Celia J. Collins
Shirley Justice
M. Kathleen Miller
Thank you to all who attended our April meeting at Red or White – all in attendance had a great time marketing and sharing some quality time. 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  lcoker@stonecrosby.com or Kasee Heisterhagen at  kasee.heisterhagen@usdoj.gov . with your thoughts.
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2019 MENTORING PROGRAM
By: Greg Vaughan, Alison Herlihy, Dottie Barker, and Winston Grow

The Mentoring Committee of the Mobile Bar Association is proud to announce their Group Mentoring/Lunch and Learn as well as Fundamentals: an all-day CLE.

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.

Group Mentoring/Lunch and Learn will be offered three times in 2019. The meeting will be held at The Admiral Hotel from 11:00 a.m. to 1:00 p.m. Here are the upcoming dates and topics:

  • NEW DATE AND TIME: May 17 - Discovery Requests, Responses and Disputes (including Ethics issues) IT WILL BE HELD AFTER THE MEMBERSHIP LUNCHEON - 1:30 - 3:30 p.m.
  • June 21 - Professionalism and Communication Underlying Client Retention, Fee Agreements, Receivables/Collection

Fundamentals is an all-day CLE, offering 8 hours of credit.  Mobile Bar members with 12 years of experience or less can attend for $25. We welcome all other Mobile Bar members and non-members to join us, and standard CLE rates apply. 

This year’s Fundamentals will be held on September 27, 2019 . The meeting will be held at The Admiral Hotel from 8:00 a.m. to 5:00 p.m. The topic is A Mock Trial from Opening Statement to Closing Argument . More information will be provided as we get closer to the event.
The Mentoring programs are sponsored by:
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 .

Here are the following dates:
  • Thursday, May 9 – Mobile County Circuit Court Judge Brandy Hambright and Mobile County Circuit Court Judge Michael D. Sherman
  • Thursday, July 11 – Baldwin County Circuit Court Judge J. Clark Stankoski and Mobile County Circuit Court Judge S. Wesley Pipes
  • Thursday, August 8 – Mobile County Circuit Court Judge James T. Patterson, Mobile County District Court Judge George N. Hardesty, Jr. and Mobile County District Court George M. Zoghby
  • Thursday, September 12 – Mobile County Circuit Court Judge Michael A. Youngpeter, Mobile County Circuit Court Judge John R. Lockett and Mobile County Circuit Court Judge Jay A. York
  • Thursday, November 7 – United States Bankruptcy Judge Jerry Oldshue, United States Bankruptcy Judge Henry Callaway and Mobile County District Court Judge Joe Basenburg
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LAWYERS HELPING LAWYERS
Lawyers Assistance Committee
By Ruth Lichtenfeld, Chair
 
What is an Alcohol Use Disorder?
Alcoholism, also known as an alcohol use disorder, is a chronic and progressive disease. Individuals with a disorder may not be able to control how much they drink and frequently continue to drink despite serious consequences. Alcohol use disorders can be present when a person is not physically dependent upon alcohol but does exhibit problems with alcohol. It is possible to regain control over your life from alcoholism and there are many resources available for help.
 

Symptoms of Alcohol Use Disorder
An alcohol use disorder may be mild, moderate or severe, depending on the number of symptoms. Symptoms may include:
  • Being unable to limit the amount of alcohol you drink;
  • Feeling a strong need or compulsion to drink;
  • Developing tolerance to alcohol so that you need increasing amounts to feel its effects;
  • Having legal problems or problems with relationships, employment or finances due to drinking;
  • Drinking alone or in secret;
  • Experiencing physical withdrawal symptoms — such as nausea, sweating and shaking — when you don't drink;
  • Not remembering conversations or commitments, sometimes referred to as "blacking out";
  • Making a ritual of having drinks at certain times and becoming annoyed when this ritual is disturbed or questioned;
  • Losing interest in activities and hobbies that used to bring you pleasure;
  • Irritability when your usual drinking time nears, especially if alcohol isn't available;
  • Keeping alcohol in unlikely places at home, at work or in your car;
  • Gulping drinks, ordering doubles, becoming intoxicated intentionally to feel good or drinking to feel "normal”.
 
Treatment of Alcohol Use Disorders
Alcohol use disorders are treatable. Treatment strategies vary, based upon the assessment of a healthcare professional. Treatment may include an intervention, detox, outpatient program or counseling, or residential treatment. In addition, support groups are often quite helpful in the recovery process.
 
How Alcohol Use Disorders Affect Lawyers
As many as one in five lawyers is a problem drinker – twice the national rate. While it’s uncertain why lawyers experience alcohol use disorders at a higher rate, it is clear that alcoholism has devastating effects on a lawyer’s career and personal life.
 
Lawyer assistance programs (LAPs) are here to support lawyers, judges, students and other legal professionals who suffer from alcohol use disorders. (“Alcohol Use Disorders”  reprinted from https://www.americanbar.org/groups/lawyer_assistance/resources/alcohol_abuse_dependence/) .

In case you missed the following information in last month’s Bulletin, approximately 15 years ago several attorneys from Mobile and Baldwin Counties formed the group Lawyers in Recovery (LIR).  LIR meetings are modeled on the Steps and Traditions of Alcoholics Anonymous (AA) and participants pledge and place substantial emphasis on Anonymity. Every LIR Meeting starts with the recitation - “Who you see in a LIR Meeting, What you hear in an LIR Meeting - Stays in the LIR Meeting.”  Further, LIR is not aligned with, nor does it report to any other group or entity, i.e., the Alabama State Bar or the Mobile Bar Association or Committees of those Organizations.  To the contrary, and as stated in its Preamble (which is read at every Meeting) - “LIR is a fellowship of lawyers who share their experience, strength and hope with each other to hopefully solve their common problems and help others to recover from alcoholism, addiction, depression or similar conditions.”  LIR Meetings are designed to last one hour and start promptly at 5:30 p.m. on the 1st and 3rd Thursdays of every month at 205 Church Street, Mobile.   If anyone wants or needs additional information on LIR Meetings they can anonymously call the Mobile Bar Association office at 251-433-9790 and ask for a referral to a LIR Member who will also keep all communications confidential.
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Thanks to everyone that volunteered, sponsored and attended the 150 th Anniversary Celebration on Thursday, March 28, 2019.  It was a huge success!  Here are a few photos from the event.  To view all the photos, click here to visit our Facebook page.
Honorable Jeff Sessions speaking to the crowd at the Federal Courthouse.
Honorable William Pryor speaking to the crowd at the Federal Courthouse.
Azalea Trail Maids greeting attendees at the Federal Courthouse.
Mobile Bar members participating in a second line from the Federal Courthouse to the Battle House Hotel.
Mobile Bar members at the Battle House Hotel celebration.
Mobile Bar members posing for photos. Pictured L to R: Josh Briskman, Celia Collins, Anna Mangham, Judge Pryor, Jeff Sessions and Mary Margaret Bailey.
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In  Ex parte Seriana , No. 1180104 (Ala., March 1, 2019), the Supreme Court granted a writ of mandamus reversing a trial court’s order transferring venue of an action at the request of the defendant on the ground that the venue issue had been waived because it was not asserted in the defendant’s answer nor in a responsive pleading filed before the answer.  The Court noted that the answer to the amended complaint was filed a year after the amended complaint and still did not assert the venue issue.
 
In an apparent case of first impression, the Supreme Court in Merchants Foodservice v. Rice , No. 1170282 (Ala., March 1, 2019), held that the sole fact that an employee in a retaliatory discharge case earned more annually in his new job than he did in the job from which he was terminated did not preclude, as a matter of law, the possibility of his being awarded a claim for loss of future earnings.  As the Court noted, the single fact that he earned more annually did not take into account all relevant factors, such as that he had to work more hours for the new employer.
 
Following up the rationale of several recent cases, the Supreme Court in Jones v. Brewster , No. 1170450 (Ala., March 15, 2019), held in a very comprehensive opinion that the circuit court never acquired jurisdiction over a will contest filed in probate because, even though the contestant timely requested the transfer and the probate court took some steps to effectuate it, the probate court never entered an order granting the transfer.  Because the circuit court lacked jurisdiction, the Supreme Court dismissed the appeal taken by the losing party after a three-day trial.  There are some special concurrences and a dissenting opinion.
 
In a well-written opinion concerning the enforceability of outbound forum selection clauses, the Supreme Court in  Ex parte International Paper Co. , No. 1180144 (Ala., March 1, 2019, upheld the enforceability of a contractual clause requiring litigation to be conducted in Tennessee and even allowed certain non-parties to the agreement to enforce the clause as well.  
 
In an apparent case of first impression, the Court of Civil Appeals in  Ex parte Holm , No. 2180279 (Ala. Civ. App., March 29, 2019), held that a privilege applied as to records between a licensed professional counselor and her patient, even though the patient was a minor and even as to the minor’s parents.  The privilege was statutorily created in Ala. Code § 34-8A-21.  The statute allowing parents access to their child’s records is Ala. Code § 30-3-154, but this statute specifically excludes disclosures that are otherwise prohibited by statute, and the Court concluded that Ala. Code § 34-8A-21 was such a prohibiting statute.
 
The Court of Civil Appeals in  Mays v. Trinity Property Consultants, LLC,  No. 2170867 (Ala. Civ. App., March 8, 2019), held that a defendant in an unlawful detainer/eviction case had not been properly served when the process server knocked on the door one weekday, received no answer, and then posted the notice on the door.  The Court noted that Ala. Code § 35-9A-461 allows service to be made by posting the notice on the door of the residence, but only after no person is found to reside there after “reasonable efforts.”  The Court concluded that the process server’s efforts did not satisfy this requirement

In an unusual case of first impression, the Court of Civil Appeals in  McCarn v. Langan , No. 2171154 (Ala. Civ. App., March 15, 2019), held that when a trial court entered the same judgment twice on two different days, the first entry of that judgment was the one that determined the timing with which an appeal had to be filed.
 
In yet another case of first impression discussing in detail the nature of mortgages under Alabama law, the Supreme Court in  GHB Construction and Development Co. v. West Alabama Bank & Trust,  No. 1170484 (Ala., March 29, 2019), held that a future advance mortgage executed and recorded prior to the making of any loans but with an obligation reflected in the promissory note to make loans was a valid and subsisting mortgage at the time and, thus, primed a materialman’s lien for materials provided after the recording of the mortgage but prior to the making of the initial loan.
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Committee Update
ARCHIVES AND HISTORY
By Mitchell Lattof, Sr., Chair
 
During the past five years, the MBA Archives and History Committee has had the privilege of interviewing eleven outstanding senior attorneys of the Mobile Bar Association who have practiced as attorneys and/or judges for more than 50 years. All of these interviews have been placed by the Mobile Bar Association Executive Committee on a special YouTube playlist which is accessible on its website to both attorneys and the public. 
 
In 2015, we had the privilege of interviewing Thomas Galloway Sr., who was 91 years of age at the time. Tom was admitted to the Mobile Bar Association in 1949, and he had been interviewed several years earlier by Ken Burns as part of a PBS documentary regarding World War II.  
 
I conducted the MBA Archives and History Committee Interview and court reporter Phillip Henderson transcribed it as a favor to the Mobile Bar Association.  While attending Auburn University, Tom’s college education was interrupted by World War II where he served in the European Theater as Platoon Commander. He was a forward observer in the 109th Field Artillery. During the Battle of the Bulge, he was captured and held prisoner in Hammelburg, Germany, and he underwent many hardships while a prisoner of war. He escaped twice. The first time he was re-captured, but the second time he successfully escaped, and was able to reach U.S. Army Forces. After the War, Tom resumed his collegiate and law training, and began a long and successful law practice in Mobile, Alabama. Tom passed away in 2018 at the age of 94. I believe that Tom’s interview is of great interest to our Members, and I encourage you to watch it. Click here to view YouTube playlist. You can also visit the Mobile Bar website to view the interviews on YouTube. The YouTube link to view is located on the Mobile Bar home page at the bottom left-hand corner.
BORN:  MBA Members  Julia Shreve  and  Robert Shreve welcomed daughter Lillian Byrd Shreve on April 13, 2019.  “Lily” is great granddaughter of the late Circuit Judge Robert “Bob” Byrd.  She joins her big brother, Fulton.
 
DIED:  José Roberto Ortega, father of MBA Member Juan Ortega , passed away on April 6, 2019.  Mr. Ortega was born in Guatemala and spent two years at the University of Guatemala where he studied engineering before transferring to the School of Architecture at Auburn University.  He came to Montgomery, Alabama in 1962 and began work with Bond & Bond Architects and later Pearson, Tittle & Narrows, before establishing his own firm, J.R. Ortega, Architect.  He also served as Executive Director of the Alabama Chapter of the American Institute of Architects.  Along with being a local businessman, Mr. Ortega was active in the Montgomery community, volunteering with Dixie Youth Baseball and the Indian Guides program, as well as serving as a Sunday School teacher to elementary-aged children, among other activities.  Mr. Ortega is survived by his wife of 57 years, his three children, eight grandchildren, and numerous nieces and nephews.
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ANNOUNCEMENTS
Investiture Ceremony  for  George M. Zoghby  is scheduled for May 3, 2019 at 10:00 AM.  It will be held in Government Plaza Ceremonial Courtroom.  Reception to follow in the Atrium.

The City of Mobile Legal Department is seeking an Assistant City Attorney with 5 or more years of experience to serve in the Civil Division.  Send letter of interest, resume, law school transcript (with date of birth and social security number redacted), and at least three references to Becky Barfield, at City of Mobile Legal Department, P. O. Box 1827, Mobile, AL 36633-1827,  barfield@cityofmobile.org . Resumes will be accepted until Friday, May 24, 2019.
 
Armbrecht Jackson LLP is pleased to announce  Duane A. Graham has been named Managing Partner.  Duane received his J.D. from the University of Alabama School of Law in 1984 where he was a member of the Order of the Coif and Editor in Chief of the Alabama Law Review.   Duane ’s practice includes trusts and estates, oil and gas law, and real estate.  

Please make note of updated contact information for  Karlos F. Finley
Municipal Judge, City of Mobile, The Finley Firm, P.C. 
507 Church Street, Mobile, Alabama 36602
Phone: (251) 301-6210 and email is  kkf@finleylawpc.com

Wilkins, Bankester, Biles & Wynne, P.A., is pleased to announce that attorney  Jeffry N. Gale has joined the firm.  Jeff  is a graduate of The University of Alabama School of Law and has over 20 years of experience in a variety of practice areas. He is a member of the Mobile and Baldwin County Bar Associations and is registered on the Alabama State Court Mediator Roster. He will be practicing out of both the Bay Minette and Fairhope offices. Mailing Address: P.O. Box 400, Bay Minette, AL 36507; Telephone: (251) 937-7024; Fax: (251) 937-6190; E-mail:  jgale@wbbwlaw.com .
 
For sale: five waiting room/receptionist chairs, blue and burgundy cloth covering with arm rest.  Can buy individually.  Call Greg McAtee at 251-689-4536 for text picture.
 
DOWNTOWN OFFICE SPACE FOR LEASE:  Beautiful, spacious office in an historic home in the beautiful DeTonti Square neighborhood. Plentiful onsite parking, available conference room, waiting area, kitchenette, plus optional space for staff. Receptionist onsite. Internet provided. A block from the Federal and Bankruptcy Courthouses. Perfect for a Solo, or out of town firm desiring Mobile presence. 205 N. Conception St.  Contact  HENRY BREWSTER at  251-338-0630 or  hbrewster@brewsterlaw.net

DOWNTOWN OFFICE SPACE COMING AVAILABLE:  456 Conti Street, 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 at 251-438-2973. 
 
DOWNTOWN OFFICE SPACE AVAILABLE:   209 N. Joachim Street in historic DeTonti Square.  Available: one large office.  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 ( mary@evanscrowe.com ) or EVANS CROWE ( crowe@evanscrowe.com ) at 431 6011.

Alabama Association of Judicial Assistants is seeking sponsorship for their Mid-Winter conference to be conducted in February 2020 in Mobile. Our most recent conference was conducted with a shortfall of $6,685.00. Any questions regarding our specific needs can be sent to Tammy Rieben, Judicial Assistant to Judge J. Clark Stankoski, Legal Education Committee at  tammy.rieben@alacourt.gov or Ellen Cook, Judicial Assistant to Judge C. Joseph Norton, Hospitality/Special Functions Committee,  ellen.cook@alacourt.gov .  
 
The Environmental Law Section of the Alabama State Bar and Section on Natural Resources, Energy and Environmental Law of the Mississippi Bar will hold its 28 th Annual Southeastern Environmental Law and Regulation Conference on June 14, 2019.  It will be held at the Baytowne Conference Center at the Sandestin Golf and Beach Resort in Miramar Beach, Florida.  For more information on this one-day conference, please contact Beacon programs by phone at 205.887.3000 or by email at beacon.programs@aol.com.
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MOBILE BAR FOUNDATION
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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MOBILE BAR ASSOCIATION
Upcoming Continuing Legal Education Opportunities
Mentoring Committee hosting Coffee with the Court
Discussion: Top 5 Practice Pointers for New Lawyers in our Court Room
Thursday, May 9, 2019
7:30 – 8:30 AM | 1.0 hour of CLE available credit
YOU MUST PRE-REGISTER TO ATTEND THIS EVENT!
The Admiral Hotel
251 Government Street  |  Mobile, Alabama 36602

Mobile Bar Workman's Compensation Section
Lunch and Learn
Monday, May 20, 2019
12:00 PM – 1:00 PM | 1.0 CLE available credits
The Athelstan Club
170 St. Francis Street | Mobile, AL 36602

Mentoring Committee Lunch and Learn
Topic: Discovery Request, Responses & Disputes
Friday, May 17, 2019 NEW DATE!
1:30 PM – 3:30 PM | 2.0 CLE available credits
The Admiral Hotel
251 Government Street | Mobile, AL 36602
CALENDAR OF EVENTS
Friday, May 3
Naturalization Ceremony
U.S.S. Battleship Memorial Park

Tuesday, May 7
Law Day Helpline
 WPMI - Local 15 NBC

Thursday, May 9
Coffee with the Court
Hosted by Mentoring Committee
The Admiral Hotel

Thursday, May 9
Executive Committee Meeting
Armbrecht Jackson, LLC

Friday, May 15
MBA Bulletin Articles Due
Friday, May 17
Law Day Membership Luncheon
The Admiral Hotel

Friday - May 17
Mentoring Committee Lunch and Learn:
Discovery Request, Responses and Disputes
The Admiral Hotel

Thursday - May 20
Workman's Compensation Section
Lunch and Learn
The Athelstan Club

Thursday - May 23
Grievance Committee Meeting
The Athelstan Club

Monday, May 27
Mobile Bar Headquarters closed for
Memorial Day



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Join us in congratulating six Mobile Bar members for practicing law for 50 years.
J. Hodge Alves, III
Hodge received his J.D. degree from the University of Virginia School of Law and graduated in 1969.  After college, he served in the Judge Advocate General’s Corps with the U. S. Navy. He then spent one year as the law clerk for the Honorable Daniel H. Thomas in our United States District Court for the Southern District of Alabama.  After his clerkship, Hodge joined Hand Arendall, LLC, where he has remained since 1975.  Hodge’s primary areas of practice have been admiralty and maritime, general litigation, insurance coverage disputes, construction disputes and environmental law, all with emphasis on litigation and dispute resolution.
Orrin K. "Skip" Ames, III
Skip received his J.D.,  cum laude , from the Cumberland School of Law, Samford University in 1969 and his LL.M. degree from Harvard Law School in 1976. During his 50 years of law practice, six years were with the U.S. Army’s Judge Advocate General’s Corps trying courts-martial in Germany and Ft. Ord, California.   Five years were spent teaching law school at the University of Memphis School of Law where he taught Criminal Law, Criminal Procedure, Constitutional Law, and White-Collar Crimes.  He then became in-house counsel for South Central Bell in Birmingham.  In 1984, he entered private practice with the law firm of Hand Arendall in Mobile where he spent 27 years in a civil defense capacity litigating personal injury cases, trucking accidents, insurance coverage matters, and commercial torts.  In 2011, he retired from Hand Arendall and returned to academia with Troy University.  
David L. Barnett
David received his J.D. degree from the University of Alabama Law School and graduated in January 1969. He did a clerked at the Alabama Supreme Court for Justice James Coleman for a year and a half, then came to Mobile and practiced law with Engel and Smith as an Associate. Later, he spent a year and a half with the Public Defender's Office. In January 1973, he began a practice with his friend Carl Booth. Like most young lawyers, he handled lots of cases.  His practice evolved into handling mostly criminal defense cases. 
Ross M. Diamond, III
Ross received his J.D. degree from the University of Alabama Law School and graduated in January 1969.    During his 50 years of practicing law, he has been a solo practitioner.  His litigation experience included maritime injury and wrongful death, FELA railroad injuries, automobile accidents, construction disputes, contract disputes, product liability, real property disputes and a variety of state and federal litigation.  
Judge Robert H. Smith
Judge Smith received his J.D. degree from the University of Alabama Law School and graduated in January 1969. From 1969 – 2006, he practiced law and became partner at Galloway, Smith, Wettermark, and Everest.  From 2006 – 2019, he served as a Circuit Judge, 13th Judicial Circuit, Mobile County. 
J. George Whitfield, Jr.
George received his J.D. from the University of Alabama School of Law and graduated in 1969. He spent one year as a law clerk for the Honorable Daniel H. Thomas in our United States District Court for the Southern District of Alabama.  From 1970 – 1984, he worked for Brown Hudgens where his practice included insurance defense in maritime inland waters and products liability.  Since 1985, he has worked as a solo practioner in the areas of corporation, taxation and estate planning.
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Listed below are members that are celebrating birthdays in May:
David McCormack Allen
Megan Kay Allgood
Blakely Weston Barnes
Donald G. Beebe
Lisa Marsh Box
J. David Brady, Jr.
Donald M. Briskman
Samuel Joshua Briskman
Barbara A. Brown
Mechelle Buksar-Musgrove
Frederick Tristan Bussey
Rodney Reed Cate
Brenda C. Cochran, CP
Laura Strachan Coker
Chelsey Morgan Collins
Richard Ernest Corrigan
Darlene C. Coward
Eric Bice Cromwell, II
Manley L. Cummins, III
Patricia Ann Davis
Lisa Bumpers Deen
Wilbur Pemble DeLashmet
Mawiyah N. Duckworth
Christopher H. Ezell
Meagan Gantt Ferut
Andrew Brent Freeman
Donald Aaron Friedlander
Jeffry N. Gale
Craig Whitfield Goolsby
Thomas Jason Hadley
Susan Zundel Ham
Jeffery J. Hartley
Katie Hammett Hassell
Brandi Nicole Hattenstein
Donna E. Henderson
Brenda Drendel Hetrick
William Christian Hines, III
Ralph G. Holberg, III
Richard Hamner Holston
Victor T. Hudson, II
David Michael Huggins
William David Jester
Richard Brantley Johnson
Abbey Lee Johnston
Christopher Kern
Vincent F. Kilborn, III
Henry James Koch
John N. Leach
Brian Joseph Lockwood
Melissa Jane Long
James Edward Loris, Jr.
Robert E. Lusk
Richard Edward Mather
Caroline G. Mathews
Blair Graffeo Mattei
Gregory B. McAtee
Charles L. (Chuck) Miller, Jr.
Frederick James Moore, III
Stephen C. Moore
T. Julian Motes
Edmond George Naman
Michel Nicrosi
Peggy Ray Nikolakis
Thomas P. Oldweiler
Evan Nicholas Parrott
Philip H. Partridge
E. B. Peebles, III
Lisa E. Peters
Lisa E. Peters
Jill Parrish Phillips
Arthur T. Powell, III
David Tyler Pritchett
Abby Morrow Richardson
John Burruss Riis
Beth McFadden Rouse
Sarah Cross Ryan
Jason Matthew Shelby
Colin Derrick Sherman
Jonathan Edward Sholtis
Irving Silver
Penny Slawkowski
John Ronald Spencer
Daniel Trice Stabler
Elizabeth Stepan
Eucellis Ziness Sullivan
Martha Adrienne Tierney
Earl P. Underwood
Gregory Edward Vaughan
Christopher Blake Vrieze
Jennifer Lynn Wright
Alex W. Zoghby
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Mobile Bar Association | 251-433-9790 | mobilebarassociation.com