November 2022

Volume XLVI, Issue11

In This Issue...

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

Committee Preference...........Page 3

CLEs......................................Page 4

Mentoring Moment.................Page 6

Lawyer Assistance.................Page 7

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

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

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

50 Year Lawyers...................Page 12

In the News...........................Page 17

Mobile Bar Foundation..........Page 18

Birthdays...............................Page 20

In last month’s bulletin, I shared some information about the Mobile Bar Strategic Planning Committee.  President-Elect Forrest Latta and MBA Executive Director Ann Sirmon have spent considerable time getting this project going, and I am pleased to report that the committee has been assembled and its members are ready to get to work.  The committee members are:

• Evan Allen (Beasley Allen)
• Weathers Bolt (Starnes Davis Florie)
• Hon. Spiro Cheriogotis (Mobile County District Court)
• Kasee Heisterhagen (U.S. Attorney’s Office)
• Alison Herlihy (Herlihy Family Law)
• Jenna Jayjohn (Cunningham Bounds)
• Victoria Shoots (Adams and Reese)
• Robert Shreve (Burr Forman)
• Brie Zarzour (Phelps Dunbar)

In addition, ex-officio members are Forrest Latta, Raymond Bell, Judson Wells, Ann Sirmon, and yours truly.  I am thankful for each member who has agreed to serve and look forward to seeing the results of their efforts.

Because Veteran’s Day falls on a Friday, this month’s membership luncheon will be held on THURSDAY, November 10, at the Battle House.  At the luncheon, we will recognize the members of our Bar who have served in the military.  Immediate Past President Charlie Potts started this last year, and it was well received, so we would like to make it an annual tradition.  This year, President-Elect Forrest Latta will “Call the Roll.”  In order for an MBA member to be recognized, their MBA profile must reflect their military service, so please be sure to verify and, if needed, update your information on the MBA website and help us verify other MBA members’ profiles as well.

The November luncheon is also our Remembrance Day, when we remember, honor, and pay respects to those MBA members who have passed away over the past year.  Former MBA Presidents Kathy Miller and Mark Newell, as always, have done a remarkable job preparing remembrances for members who have passed.  Those whom we will remember are Michael Lawrence Lapeyrouse, Lloyd Bratton Rainey, Jr., James Eugene Hasser, Jr., Palmer Clarkson Hamilton, J. Don Foster, James Gordon House, Jr., Richard Gregory Watts, Joseph Jerome Boswell, Judge Arlie Barber (Bob) Sherling, Charles B. Bailey, Jr., Lyman F. Holland, Jr., Donald E. Brutkiewicz, Jr., and William Maynard Heard, Jr.

I look forward to seeing you there.

During the meeting:

• We will remember Mobile Bar members who  have passed away over the last year. They are: Charles B. Bailey, Jr., Donald E. Brutkiewicz, Jr., J. Don Foster, James Eugene Hasser, Jr., James Gordon House, Jr., Joseph Jerome Boswell, Judge Arlie Barber (Bob) Sherling, Jr., Lloyd Bratton Rainey, III, Lyman F. Holland, Jr., Michael Lawrence Lapeyrouse, Palmer Clarkson Hamilton, Richard Gregory Watts, and William Maynard Heard, Jr.
• 2nd Year! We will Call the Roll of those current members of the MBA, lawyers and judges alike, who have served in all branches of the military. Make sure your profile on the website is up to date.
• We will vote on the 2023 Slate of Officers.
• We will collect blankets for the Volunteers of America Southeast and FOX10 News - 10 Sharing Gifts Initiative.

Our sponsor for the luncheon is Tom James Clothier.

November is a time for people to give thanks for their blessings.  If you think for a moment, there is so much to be thankful for… your family, your health, your faith, your job, just to name a few.  And speaking of jobs, I’m starting my fourth year as Executive Director of the Mobile Bar Association.  I’m thankful for the opportunity to work for and represent the oldest Bar Association in the State of Alabama.

During our October Membership Luncheon, we recognized our members who have practiced law for 50 years.  They are: Conrad P. Armbrecht, II, Mack B. Binion, III, A. Danner Frazer, Jr., Edward Massey, Jr., Kenneth E. Niemeyer, William C. Roedder, Jr., Benjamen T. Rowe, and Edward S. Sledge, III.  What a great group!  I really enjoyed hearing about their many accomplishments.  Thank you for your many years of service to your clients and the community.  We have included a brief description of their accomplishments in this issue of the Bar Bulletin so you can learn more about them.  Be sure to check it out.

I’m also thankful for our members who serve on our various committees and sections.  We appreciate your dedication and commitment to the association and the legal profession.  We can’t do it without you!  And speaking of dedication, we recently recognized Alex Zoghby for his 14 years of service executing our annual new-member orientation program.  Thank you!  Your leadership and service are truly inspiring.

Lastly, I give thanks to each of YOU!  November 4 is Love Your Lawyer Day.  The day was created in 2001 by attorney Nader Anise to celebrate the valuable contributions made by attorneys in their communities.  The good that lawyers do on a daily basis is often forgotten.  Thank you for all the long hours, and your dedication to helping your clients, the Mobile Bar Association, and our community to ensure justice prevails. 

Happy Thanksgiving!  Remember, be a blessing and give thanks.

DONATE!

During the month of November, we are collecting new blankets. The blankets will be donated to the Volunteers of America Southeast and FOX10 News - 10 Sharing Gifts Initiative. The blankets will be given to the homeless. 

Where to drop off: MBA headquarters at 150 Government Street, Suite 1000-A, or at the November Membership Luncheon.

Deadline date to drop off: Monday, November 24, 2022.

The Mobile Bar Association offers opportunities for you to volunteer on several committees. As a committee member, you can connect with other attorneys, contribute to the legal community, and make an impact. It's time to start considering whether/how you would like to volunteer on one or more of the MBA's Committees for 2023.To join a committee, complete the preference form below.

DEADLINE TO COMPLETE: THURSDAY, NOVEMBER 10, 2022.

Make an impact! Get involved! Volunteer with the Mobile Bar Association!

ADVANCE REGISTRATION DEADLINE IS TUESDAY, NOVEMBER 1, AT NOON.

ADVANCE REGISTRATION DEADLINE IS TUESDAY, NOVEMBER 15, AT NOON.

ADVANCE REGISTRATION DEADLINE IS TUESDAY, NOVEMBER 29, AT NOON.

MENTORING MOMENT

By Greg Vaughan, Mentoring Committee Member

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—and I’d like to share them with you.

(If you have questions, comments, or more mentoring tips: please e-mail them to gev@holstonvaughan.com.)

Is the dispute outcome determinative?  If not, move on and regain focus on your case.

I credit this tip to my mentor, Pete Mackey.  

About 10 years ago, Pete and I co-counseled a large construction collection case.  We litigated the case for about 3 years, culminating in a week-long trial.  There were numerous disputes, most of them discovery-related. Things got so bad that the trial judge (although I’m not sure he would admit this) appointed a special master to deal with the rainforests we were killing on a regular basis.

Pete joined the fun after about the first year of the case.  It didn’t take long for him to sit down with me for a coffee at Serda’s and ask the question, “Is this dispute outcome determinative?”  I had never heard this phrase.  All I knew was the other side was “wrong” and I was “right,” and the judge/special master should know about the injustice that was occurring.  Looking back, I was not as “right” as I thought—and they were not as “wrong” as I wanted to believe.  I’m guilty, more often than I care to admit, of letting my emotions seep into certain cases.  Resist this—and do better than I have done.

Nevertheless, what Pete said eventually started to resonate.  “Is this dispute outcome determinative?”  In other words, does the issue on the table ultimately impact the course of the case?  If so, advocate to the best of your ability.  If not, move on and regain focus on your case.  Once I started to implement this concept, that case and the others I was litigating became more streamlined—and less sloppy and “whiny.”

How do you get to this happy place in litigation?  I have a few suggestions: At the beginning of a case, pull the jury instructions for the case and study the plaintiff’s burden.  Put that in a memo that travels with you as you take depositions.  Let this guide you as you navigate the discovery process–it will make your efforts more precise.  Early on, you can also prepare a plaintiff’s (or defendant’s) motion for summary judgment and use it in the same way as the jury instruction memo.  

Give our judges reason to celebrate by implementing this concept.  The good creatures of the rainforests will also be thankful.

Lastly, I’m forever grateful for my good friend Pete.  He’s invested his time to improve my practice on more occasions than I can count, and he’s volunteered at countless mentoring program CLE’s.  He’s truly a “lawyer’s lawyer.”

LAWYER ASSISTANCE

By Ben Kearns, Lawyer Assistance Committee Member

Brain Health for Lawyers, with Dr. John Cox

We really only need four body parts to practice law: our eyes, hands, mouth, and brain.  So, taking care of those parts is very, very important.  The brain is perhaps the most interesting of the four.  In fact, it may be the most interesting organ in the human body.  It is our executive center.  It is where the mind and soul reside.  It contains the mystery of conscious thought.  If in some unfortunate moment we are, say, hit by a falling object, consciousness is suddenly snuffed out.  So it makes sense that we would protect our brain like precious treasure.  As lawyers, our brains are our livelihood.

I recently had the chance to ask neurologist Dr. John Cox about how lawyers can maintain a healthy brain and what we can do daily to promote brain health, with an eye toward performance and longevity.  He was gracious enough to answer my questions:

Ben:  Dr. Cox, thanks for talking with me!  Most people don’t have goals and practices for keeping a healthy brain. Why is it important for lawyers, who live high-stress lifestyles, to focus on brain health?

Dr. Cox: There is physical brain health and psychological health; in many ways these go hand in hand.  A structurally healthy brain will perform better and cope more effectively than one that is not.  There is this concept of “reserve” where you’re are not always functioning at maximum capacity, similar to a computer not using all its RAM at once.  This is meant to allow for coping with additional tasks or external stressors.  Young healthy brains have more physiologic reserve than unhealthy ones.  Taking care of the main source of your value as a professional (e.g., the ability to think, reason, and reflect) should be priority #1.

Ben: What diet is recommended for high producers to keep a healthy brain, with an eye toward preventing stroke and dementia?

Dr. Cox: There is no data for nutritional supplements such as multivitamins or high dose vitamins.  A Mediterranean-style diet is typically recommended for neurovascular health and stroke prevention.  This means centering meals on whole grains, vegetables, fruits, and nuts and using olive oil rather than butter for fat, with small portions of lean grilled meats and fish.  Red meat is only eaten occasionally.  There is little supporting evidence to recommend any specific diet for dementia prevention.  There is an association between both adherence to a Mediterranean-style diet and high omega 3 intake and lower rates of dementia, however, there is no clear mechanism for this and it may simply reflect better overall health in these individuals.  There is also an association between low to moderate alcohol consumption, particularly wine, and lower rates of dementia and slower cognitive decline in those with dementia.  There is of course a dose-dependent effect here, where heavy drinkers decline significantly faster.

Ben:  Is there research that shows that exercise is good for the brain? If so, what kind, how much, and how often?

Dr. Cox: Regular physical activity has essentially no downside and benefits nearly every organ system.  Although there is no clear direct mechanistic link between exercise and brain health, there is an inverse association between components of a healthy lifestyle (including physical activity) and dementia.  Multiple hypotheses exist as to why this is the case.  The vascular hypothesis contends that physical activity reduces dementia risk by reducing the risk of stroke and cardiovascular disease; the stress hypothesis suggests that active individuals have reduced stress and anxiety, better sleep, and improved emotional states, leading to better cognition and lower dementia and stroke risk.  There is also data associating regular exercise with immediate improved cognitive function where 45-60 minutes of daily, moderate-intensity aerobic exercise improved performance on cognitive testing.

Ben: What role does stress play in neurological health? Does the brain decline over long periods of high stress? How worried should we be and what can we do to change this?

Dr. Cox: Professional stress is unavoidable, but if you are not handling stress appropriately you will not be performing at your best.  Some stress is beneficial, this concept of “eustress,” which is motivating to an individual—e.g., if there is no deadline, do you get the work done?  When deadlines accumulate and motivation turns into anxiety, however, performance declines, as you are using up your physiologic reserve to focus on the anxiety-producing stimulus rather than as extra capacity for when a problem is more complex than initially thought or another curveball is thrown your way.  You are then less flexible and less adaptable.  Chronic stress/anxiety states are strongly associated with cardiovascular disease and stroke, not to mention negatively impacting mental health.  Coping with stress in an effective manner is a large part of an overall strategy to modify risk factors for cardiac and cerebrovascular disease.

Ben:  You hear a lot about meditation, prayer, mindfulness, positivity, and other stress-reduction methods. Should high-producing professionals be using any of these methods? Which ones do you like?

Dr. Cox: I think that anything you can use to center yourself and “reset” is helpful, whether it is hobbies, exercise, spending time with family.  Individuals in high-stress jobs tend to feel like they can never step away, but it is important to disconnect.  Exercise is meditative for many people, not to mention its physiologic benefits.  Meditation is a good way to break the anxiety cycle of “worry begets worry” where individuals who are stressing about work begin to ruminate from one problem to another, which only builds anxiety and does not solve the issues.  Meditation is a way to break that cycle by emptying your thoughts and focusing on breathing, or nothingness. Mindfulness is another concept I like which allows you to identify/label thoughts and emotions and where they are coming from.  Some can do this innately, some need to be guided.  Either way, being able to figure out what the internal or external source of stress is in the first place (which is not always obvious) is the first step in managing it.

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YOUNG LAWYERS SECTION

By Johana Gerheim, Young Lawyers Section Chair

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In Ex Parte Jones, No. 1210194 (Ala. September 16, 2022), the Supreme Court abrogated a line of prior rulings and held that willful escape from a work-release program is punishable under the felony-escape statutes in the Alabama Criminal Code. 

In Blackburn v. Shire U.S., Inc., No. 1210140 (Ala. September 30, 2022), the Supreme Court held that nothing in Alabama’s learned-intermediary doctrine prevents a party from asserting a claim alleging that a failure to provide adequate monitoring instructions violates a pharmaceutical company’s duty to warn.  Answering two questions certified from the United States Court of Appeals for the Eleventh Circuit (Case No. 20-12258), the Supreme Court additionally held that, as a natural extension of its first answer, a plaintiff may establish causation based on a pharmaceutical company’s inadequate instructions by showing that his or her physician would have adopted a different course of testing or mitigation, even if the physician would have ultimately prescribed the same drug. 

In Cathedral of Faith Baptist Church, Inc., v. Moulton, No. SC-2022-0447 (Ala. September 23, 2022), the Supreme Court held that the ten-year statute of limitations applicable to actions for the recovery of lands or the possession thereof provided by Ala. Code § 6-2-33(2) applied to declaratory judgment actions regarding the validity of a warranty deed.  Although the action in question, alleging a forged deed, had been brought some five years after the two-year statutory period applicable to fraud claims, the Supreme Court reversed the trial court’s dismissal because the aforementioned ten-year statute had not yet run. 

In a matter of first impression, the Supreme Court held in Lem Harris Rainwater Family Trust v. Rainwater, No. 1210106 (Ala. September 30, 2022), that a party’s failure to timely appeal an order enforcing a settlement agreement did not thereafter preclude the party from challenging the settlement agreement on remand or on appeal.  According to the Court, the fact that a party was entitled to file an interlocutory appeal based on the granting of an injunction (Ala. R. App. P. 4(a)(1)(A)) did not require such party to file an interlocutory appeal in order to avoid later preclusion of issues that could have been raised in such an appeal.

In Williamson v. Watson, No. 1200859 (September 30, 2022), the Supreme Court held that a court does not acquire personal jurisdiction over a defendant in one case simply because the court has exercised jurisdiction over that defendant in a different case.  Despite the fact that the appellant had perfected service on two business partners in a July 2014 Jefferson County Circuit Court action, such service did not constitute service or allow the Court to acquire personal jurisdiction over the same two defendants in a separately filed January 2014 action where the defendants were not added as parties until after the applicable statute of limitations had run.

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The SAVLP is feeling especially thankful during this season of gratitude for the generosity of the Mobile legal community. With the help of donors and volunteers, SAVLP matches low-income clients with volunteer attorneys who provide help with a range of common legal needs, including disaster-claims assistance, guardianships for the care of loved ones, foreclosure prevention, ensuring landlords maintain livable dwellings, and addressing legal barriers to employment and housing.

The SAVLP provides critical services to Alabama families—but we can’t do it without your help. You are the fuel that has propelled us forward since 1985.

We appreciate the many attorneys who accepted or closed a case in the third quarter of 2022: Ron Andress, Christopher Bales, Dorothy Barker, Billy Bedsole, Jaime Betbeze, Stephanie Booth, Knox Boteler, Henry Brewster, Craig Campbell, Lewis Carter, Annette Carwie, Meegan Colclough, Luke Coley, Jonathan Festa, Barry Friedman, Ben Harris III, Michael Holberg, Jennifer Holifield, Scott Hunter, Sid Jackson, Jack Janecky, Clay Lanham, Peter Mackey, Barney March, Matthew McDonald, Michael McNair, William Menas, Buster Middlebrooks, Brooks Milling, Jack O'Dowd, Allyson Pearce, Austin Prestwood, Jim Robertson, Ian Rosenthal, Jason Smith, Hendrik Snow, Tyler Thull, David Trice, David Vaughn, Jessica Welch, and Anna Williams.

And a special thanks to Gil Laden and Barney March for speaking to families of Augusta Evans School students at the October Parenting Day.

Currently, we are in the midst of our annual Private Bar Campaign. SAVLP has always relied on the generosity of private donors for a portion of its annual budget. That generosity is especially important today, in the wake of the Covid-19 pandemic, which severely curtailed our regular fundraising activities. Inflation and other recent challenges affect us all, and we recognize that you, your family, and your firm may also be buffeted by the economic tide. But a donation in any amount will help. 

If you would like to contribute, you may give online at www.savlp.org/donate or by sending a check to SAVLP at 118 N. Royal Street, Suite 402, Mobile, AL, 36602.   

If you cannot donate, please consider volunteering your time instead, taking a case for representation or participating in a legal advice clinic. You may volunteer as an individual or as a firm.



As always, thank you for your support of SAVLP. We appreciate all that you do for our community.

Thank you to all our volunteers!

By Charlie Potts, Nominating Committee Chair

The following Mobile Bar Association members have been nominated as officers for 2023. They were presented to the membership during the October Membership Luncheon on Friday, October 14, 2022, and will be voted on during the November Remembrance Luncheon scheduled for Thursday, November 10, 2022.

The 2023 Slate of Officers is:

President-Elect: Raymond L. Bell, Jr.

Vice President: Judge Judson W. Wells, Sr.

Secretary: Gordon G. Armstrong, III

Assistant Treasurer: Brian K. Smithweck

Pursuant to the MBA by-laws, our current President-Elect, Forrest S. Latta, automatically elevates to the position of President and Mary Margaret K. Bailey, our current Assistant Treasurer, automatically elevates to Treasurer. 

Thank you to the members of the Nominating Committee who participated in the consideration of these nominees. If you have any questions, please email me at cpotts@briskman-binion.com.

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CONRAD (CONNIE) P. ARMBRECHT

Connie received his undergraduate degree from the University of the South, Sewanee, Tennessee, in 1967, and his Juris Doctor degree from the University of Alabama School of Law in 1971. He was admitted to the Alabama State Bar in 1972.

In 1971, Connie started his career with Armbrecht Jackson. He retired from the firm in 2021.  His areas of practice were oil, gas, and mineral law.

He has served on the Interstate Oil and Gas Compact Commission Legal Committee; the Alabama Oil and Gas Study Committee, a standing committee of the Alabama Legislature; and the Coalbed Methane Association of Alabama, and he has chaired the Oil, Gas, and Mineral Law Section for the Alabama State Bar.



Connie has been married to his wife, Gigi, for 51 years and is the father of two children and grandfather of five.

MACK BRUNER BINION

Mack received his undergraduate degree from Springhill College in 1969 and his Juris Doctor degree from the University of Alabama School of Law in 1972. He was admitted to the Alabama State Bar in 1972.

After active duty as a First Lieutenant in the Air Defense Artillery (U.S. Army), Mack served as General Counsel to the Medical Association for the State of Alabama. In 1975, Mack returned to Mobile, where he has maintained a civil litigation practice. In 1988, Mack and Donald Briskman founded Briskman & Binion, P.C., where Mack and Donald continue to practice.

Mack has served in various positions within the Mobile Bar Association. For example, he has served on the Executive Committee, chaired the Lawyers Assistance Committee, and been involved with our Civil Practice Sections. He has also served in various positions with the Alabama State Bar, such as the Lawyers Assistance Committee and the Board of Directors of the Lawyers Assistance Foundation.

Mack and his wife, Judy, have been married for 48 years. Mack is the father of two children and grandfather of four.

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A.  DANNER FRAZER

Danner received his undergraduate degree from the University of Virginia in 1966 and his Juris Doctor degree from the University of Alabama School of Law in 1972. He was admitted to the Alabama State Bar in 1972.

Danner was an Infantry Officer with the United States Marine Corps from August 1966 to August 1969. He received a Purple Heart for his service in Vietnam in 1967.

Danner began practicing law in Mobile in 1972 with Armbrecht, Jackson, Demouy, Crowe, Holmes & Reeves. Since 1990 he has practiced with Frazer, Greene, Upchurch & Baker, L.L.C., where he maintains a civil trial and appellate practice.

Danner has served as President of the American Board of Trial Advocates, Alabama Chapter, President of the Alabama Defense Lawyers Association, and on the Judicial Nominating Commission for Mobile County. With the Mobile Bar Association, he has served on the Executive Committee, Grievance Committee, Fee Dispute Committee, and Professional Relations Committee and has been involved with our Civil Practice Sections.

RALPH EDWARD (ED) MASSEY, JR.

Ed received his undergraduate degree from the University of Alabama in 1969 and his Juris Doctor degree from the University of Alabama School of Law in 1972. He was admitted to the Alabama State Bar in 1972.

Ed has practiced law with Clay, Massey & Associates and its predecessor firms for 50 years. He was appointed Associate District Judge for Mobile County and Associate Municipal Judge for the City of Mobile. His areas of practice are personal injury, maritime, fraud, and insurance bad faith.

Ed has served in various positions within the Mobile Bar Association, such as the Grievance Committee, Lawyer Assistance Committee, Legislative Committee, and Public Relations Committee and has been involved with our Civil Practice Sections. He has served as on the Board of Trustees for the University of Mobile since 1988.



Ed and his wife, Sally, have been married for 53 years. Ed is the father of three children and grandfather of six.

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KENNETH E. NIEMEYER

Ken received his undergraduate degree from the University of Virginia in 1969 and his Juris Doctor degree from the University of Alabama School of Law in 1972. He was admitted to the Alabama State Bar in 1972. Ken’s other academic achievements include the National Trust School at Northwestern University (1975 Graduate), the Stonier School of Banking (1991 Graduate), and Oxford University-Comparative Legal Systems (1993 Graduate).

Ken started his career with the First National Bank of Mobile Trust Department (now Regions Bank) in 1972 and retired from the bank in 2017.

Ken has also served as President of the Southern Trust School and the Trust Division of the Alabama Bankers Association.

WILLIAM (BILL) C. ROEDDER, JR.

Bill received his undergraduate degree from the University of Alabama in 1968 and his Juris Doctor degree from the Cumberland School of Law in 1972. He was admitted to the Alabama State Bar in 1972.

Bill began his career in 1972 as a law clerk for Chief Justice Howell Heflin of the Alabama Supreme Court. From 1973 to June 1997, he practiced with Hand Arendall. Since 1997 he has practiced with McDowell Knight Roedder & Sledge, LLC, where he maintains a civil trial and appellate practice.

He has served as President of the Federation of Defense and Corporation Counsel, President of the Lawyers for Civil Justice, and a Board Member of the Defense Research Institute. 

Bill has served in various positions within the Mobile Bar Association, including the Executive Committee, Grievance Committee, and Fee Dispute Committee and has been involved with our ADR, Bankruptcy, and Civil Practice Sections.



Bill has been married to his wife, Gwin, for 53 years and is the father of two children and grandfather of four.

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BENJAMEN (BEN) T. ROWE

Ben received his undergraduate degree from the University of Alabama in 1967 and his Juris Doctor degree from the University of Alabama School of Law in 1972. He was admitted to the Alabama State Bar in 1972. During his time at the University of Alabama, he was a member of Jasons, Omicron Delta Kappa, the Order of the Coif, and the Managing Board of the Alabama Law Review. 

Ben began practicing law in Mobile in 1972 with the Hand Arendall firm. He has since practiced with several other firms, including Cabaniss Johnston and, presently, Phelps Dunbar, where he maintains a litigation practice.

He has served as President of the Mobile Bar Association (2006) and the Paul Brock Inn of Court and has served on the Board of Bar Commissioners and on the Board of the Alabama Bar Foundation. 

Ben has been married to his wife, Ann, for 54 years and is the father of three children, grandfather of six, and great-grandfather of one.

EDWARD (ED) S. SLEDGE, III

Ed received his undergraduate degree from the University of Alabama in 1969 and his Juris Doctor degree from the University of Alabama School of Law in 1972. He was admitted to the Alabama State Bar in 1972.

Ed began practicing law in Mobile in 1972 with Galilee, Denniston and Edington. From 1976 to June 1997, he practiced with Hand Arendall. Since 1997 he has practiced with McDowell Knight Roedder & Sledge, LLC, where his areas of practice are aviation, products liability, construction, professional liability, class actions/complex litigation, and communications/media.

Ed has served on the Board of Directors of the Alabama Defense Lawyers Association, the Executive Board of the International Association of Defense Counsel, and the Steering Committee for the Defense Research Institute.

He has served on the Mobile Bar Association’s Public Relations Committee and has been involved with our Civil Practice Sections.



Ed has been married to his wife, Nancy, for 52 years and is the father of three children and grandfather of nine.

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The following applicants were approved for membership by the Mobile Bar Association Executive Committee. They were welcomed into the Mobile Bar Association on Friday, October 14, 2022.

ACTIVE MEMBERSHIP

• Haley Carter, graduated from University of Alabama School of Law in 2022, admitted to the Alabama State Bar in 2022, and is employed with Coale, Dukes, Kirkpatrick & Crowley, P.C.
• Madeleine M. Downing, graduated from Washington & Lee School of Law in 2019, admitted to the Alabama State Bar in 2019, and is employed with Burr & Forman, L.L.P.
• Tyler J. Flowers, graduated from Cumberland School of Law in 2022, admitted to the Alabama State Bar in 2022, and is employed with Cunningham Bounds, LLC
• Jordan D. Hawk, graduated from Cumberland School of Law in 2021, admitted to the Alabama State Bar in 2021, and is employed with Phelps Dunbar LLC
• Michael Jackson, graduated from Jones School of Law in 2018, admitted to the Alabama State Bar in 2018, and is employed with the University of South Alabama
• Jon W. Macklem, graduated from the University of Alabama School of Law in 2005, admitted to the Alabama State Bar in 2005, and is employed with Cooper Group of Companies
• Cecile G. Nicolson, graduated from Cumberland School of Law in 2022, admitted to the Alabama State Bar in 2022, and is employed with Jones Walker LLP
• Francisco A. Pecci, graduated from Cumberland School of Law in 2022, admitted to the Alabama State Bar in 2022, and is employed with Phelps Dunbar LLP
• Taylor S. Pecci, graduated from Cumberland School of Law in 2022, admitted to the Alabama State Bar in 2022, and is employed with Ball, Ball, Matthews & Novak, PA
• Stewart Thames, IV, graduated from William & Mary School of Law in 2022, admitted to the Alabama State Bar in 2022, and is employed with Maynard, Cooper & Gale, P.C.
• Thomas M. Thorneycroft, graduated from Cumberland School of Law in 2020, admitted to the Alabama State Bar in 2022, and is employed with Greene & Phillips
• Rachel S. Williams, graduated from Cumberland School of Law in 2021, admitted to the Alabama State Bar in 2022, and is employed with the 13^th Judicial Circuit Court

ASSOCIATE MEMBERSHIP

• Terri Lovell, graduated from the Jones School of Law in 1995, admitted to the Alabama State Bar in 1996, and is employed with the Alabama State Bar

ADJUNCT MEMBERSHIP

• Michelle E. Henken, is employed with the US District Court, Southern District of Alabama

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KUDOS:  On October 13, 2022, the U.S. District Court for the Southern District of Alabama, in conjunction with the Federal Defender Organization and Defender Services Training Branch, hosted a luncheon at the Battle House in appreciation of the CJA panel attorneys who represent indigent criminal defendants in federal court.  Four attorneys were honored as CJA Attorneys of the Year for the years 2020-2022.  Pictured here with MBA Member Magistrate Judge Bradley Murray are: MBA Member Arthur Madden (2022), Mobile lawyer Jan Jones (2021) and MBA Member Fred Helmsing, Jr. (2020).  Not pictured is MBA Member Gordon Armstrong, III (2022).  Thank you for your extraordinary service!

DIED: On October 2, 2022, Mary Lou Meaher, wife of retired MBA Member Augustine “Gus” Meaher, III, died unexpectedly yet peacefully.  A native of New Orleans, Mary Lou grew up in El Dorado, Arkansas.  After graduating from Arkansas State University, she earned a master’s degree in political science from the College of William and Mary and a master’s degree in library science from Emory University. Mary Lou was an avid preservationist known for her meticulous care of her historic home, which she shared with the community.  She loved Mardi Gras, especially parading, and was a member of several mystic societies.  Mary Lou served the community through volunteer work for the Junior League of Mobile, Bellingrath Gardens, Tulane University, and UMS-Wright Preparatory School.  She is survived by her husband of forty-nine (49) years and their six (6) children.

The attorneys of Cunningham Bounds are pleased to announce Tyler Flowers has joined the firm as an Associate. 

The attorneys of Hand Arendall Harrison Sale are proud to announce Sean Dudley has joined the firm’s business section as counsel.

The attorneys of Frazer Greene LLC are proud to announce Douglas Brent Baker recently became a member of the International Academy of Trial Lawyers.

DOWNTOWN OFFICE SPACE FOR LEASE: Beautiful, spacious office in a historic home in the beautiful DeTonti Square neighborhood. Plentiful onsite parking, including an EV charging space, available conference room, waiting area, and kitchenette. 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.

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.

PRIME MID-TOWN LOCATION AT 121 NORTH LAFAYETTE STREET FOR SALE. Beautiful, spacious office in a historic home with adequate on-site parking and a large storage garage. Perfect for at least two attorneys and staff. Direct access to Springhill Avenue, Dauphin and Government Streets. Office furnishings available if desired. For more information, call Norman Weaver, Berkshire & Hathaway Cooper & Co. 251.442.5570.

DOWNTOWN OFFICE SPACE:  209 N. JOACHIM STREET IN HISTORIC DETONTI SQUARE. Available: One large office upstairs, one large office downstairs, and one small office downstairs, including secretarial space.  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 AMELIA EASTERLING (amelia@evanscrowe.com) or EVANS CROWE (crowe@evanscrowe.com) at 251-431-6011. 

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Event: Mobile County Probate Court Appointed Lawyer Training Seminar

Date: Friday, December 9, 2022

Location: Government Plaza Auditorium

Time: 9:00 a.m. - 4:05 p.m.

CLE Credit: 5.3 hours

For more information: Contact Melissa King by phone at 251.574.6008 or by email at mking@probate.mobilecountyal.gov.

Mobile Bar Association has on file the 2022 Survey of Florida Law CDs. If you are interested in checking them out to get MCLE credit, please contact Jeffrie Morgan at Mobile Bar Headquarters by phone at 251.433.9790 or by email at jmorgan@mobilebarassociation.com. 

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Listed below are members who celebrate a birthday in November.

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