Forrest S. Latta, President

October 2023

Volume XLVII, Issue 10

In This Issue...

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

Committee Preference Form..Page 3

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

Lawyer Assistance..................Page 9

Mentoring Moment..................Page 10

Young Lawyers........................Page 11

Women Lawyers......................Page 12

VZC Bar...................................Page 12

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

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

From the Court........................Page 15

Mobile Bar Foundation............Page 16

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

  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

President’s Message

Please be present for this month’s MBA luncheon on Friday, October 13, when we honor our fifty-year lawyers. Some big names are on the list, great lawyers who have been pacesetters for a generation. MBA Past-President Michael Upchurch will offer remarks. A report from the Nominating Committee also will be announced.

Let me recognize MBA Executive Director Ann Sirmon for her five-year employment anniversary this month. Ann is the backbone of our Association and keeps things running smoothly. Our Executive Committee presented Ann with a gift card from her favorite local restaurant during its September meeting. The next time you see Ann, please thank her for all she does for us.

I wish you could have seen the big smiles as U.S. Magistrate Judge Brad Murray, strumming his guitar, led a crowded courtroom in singing “This Land is Your Land” during a U.S. Citizenship Naturalization Ceremony last month. The happy faces of each new American citizen (36 people from 16 nations) would warm your heart.  U.S. Magistrate Judge Katherine Nelson presided, and Mobile Bar Foundation President Karlos Finley joined me in offering remarks. I was glad to see an entire local high school senior class in attendance.

Hon. Wesley Pipes, Presiding Judge of the Mobile Circuit Court, informs me that he has made arrangements to install a dedicated Wi-Fi network for lawyers only in the Mobile County Courthouse. This will be a great convenience for lawyers who have a trial or extended court business. We extend our appreciation to Judge Pipes. Details are forthcoming.

Our thanks also to USA President Jo Bonner, as well as Circuit Judge Mike Windom (a USA Trustee), General Counsel Kristin Dukes, and the Justices of the Alabama Supreme Court for holding a public oral argument here last month. The case, which involved a fascinating life-sciences issue, was argued by four of our finest advocates, David Wirtes, Trip Smalley, Chris Hines, and Austin Mulherin. If you missed it, the Court now has a YouTube channel that can be accessed on the Alabama Supreme Court website.

Congratulations to Richard Gaal on being appointed to serve in the ABA House of Delegates. Our state has 16 delegates, but Mobile has been unrepresented for many years—until now. This is good news for our Association; I hope we will have more ABA delegates in the future. We may not always agree with certain positions adopted by the ABA, but it is a major influence, and we need to be ably represented.

Mark your calendar for October 26, when our CLE Committee, under the leadership of Celia Collins and Clay Rossi, have planned an excellent half-day Bench & Bar Conference at the Renaissance Riverview Plaza Hotel. Check for details in this Bulletin—and many thanks to our sponsors.  

Invest in yourself



You are missing out if you are not active in our MBA sections and committees. You soon will receive a survey to join or re-up for next year, regardless of whether you have joined in the past. Once the surveys are returned, MBA President-Elect Raymond Bell will review them to appoint leaders for the coming year. MBA sections and committees are where key connections are made, as well as business referrals. I can assure you, it is time well spent.

Did you know we also have an outward-looking MBA committee (the Bar Relations Committee under Chairman Andy Rutens) whose mission is to identify and assist MBA members in being placed in key state and national bar positions? The MBA needs to be represented in every leading bar organization, including state bar committees, Supreme Court standing committees, government commissions, and even the Alabama Legislature, to name a few. 

Why it matters

We all benefit when MBA members are “out front” in organizations where decisions are made affecting our profession.  Our people are our greatest asset, and one of the best things we can do for ourselves as Mobile lawyers is to brag on our members to others. I would put our lawyers up against anyone in the nation. It pains me when a party to a business deal or lawsuit hires a non-local lawyer. Unless we are visible, however, we risk being overlooked. 

Visibility and public perception are key factors in lawyer hiring, and our bar’s overall reputation is also a component.  You build value - both for yourself and our Association - when you are active and prominent in key state/national organizations. It also impresses people when they hear us brag on our colleagues. But there are many important bar organizations in which we are absent. Increased visibility is one of our Association’s goals, and the best way to do that is through our people.



Being active in MBA sections/committees, and even beyond, is a great way to add value to your professional portfolio. Please remember to fill out the survey this month!

Forrest S. Latta

Mobile Bar Association, 2023 President

During the meeting:

• Recognize 50-year lawyers: Judge John F. Butler, John T. Crowder, Jr., Charles H. Dodson, Jr., Lee L. Hale, Theodore L. Hall, Christopher G. Hume, III, Gregory L. Leatherbury, Jr., Walter R. Meigs, Ronald A. Snider, and James A. Yance
• Announce Slate of Officers for 2024
• Last day to drop off items for canned food drive
• Speaker is Michael Upchurch

Sponsor for the October Luncheon is Thomson Reuters

ADVANCE REGISTRATION DEADLINE IS MONDAY, OCTOBER 9, 2023.

Happy October! It has been great getting out and about and seeing everyone, especially with the cooler and less humid days. We’ve had great participation at all our September events; thank you for your support! 

I’d like to continue to devote my monthly article to offering some helpful reminders. They are:

To get the MBA Member Rate: Please sign in to your profile before registering for an event. If you are a member of Mobile Bar, you already have a profile on the website that you can sign into with your username and password. You can reset your password at any time. If you do not know your log-in credentials, please contact MBA headquarters, as we are happy to assist. Also, make sure your legal assistant has access to your log-in credentials.

Update your MBA Profile: Your log-in credentials also give you access to update your member profile at any time. Please help us by keeping your information - employment, phone number, email, and professional & personal addresses - as up to date as possible. We maintain the website with more than 1,100 member records, on a daily basis, so your assistance is greatly appreciated.

New Office Location: Don’t forget! We are no longer in the LeVert building. We are across the street at 150 Government Street, Suite 1000A.

MBA Membership Directory: You can view the MBA Membership Directory two ways:

1. By logging into your profile on the website, or 2. If not logged into your profile, go to the tab marked “For the Public,” select “Member Directory,” and type in a name.

Tip: I recommend typing in just the person’s last name, because if the person goes by his/her middle name, the profile is not going to show up.

Bench and Bar: Please join us for Bench and Bar slated for Thursday, October 26, 2023, at the Riverview Plaza Hotel. This year’s event is a scaled-down version of the annual CLE, but it will continue to provide lawyers and judges practicing in Mobile County with quality continuing legal education, as well as opportunities to network with fellow attorneys. Registration is now live!

Firm sponsorships are also available. Click here for more information and to register!

Reporting CLEs to the Alabama State Bar: The Alabama State Bar’s CLE portal is currently being updated. This means that we have not been able to report your CLEs to the Alabama State Bar since August 17. The CLE portal should be live sometime in October. As soon as it is available, we will report your CLEs. We ask for your patience, as we currently have seven CLEs yet to be reported.

Thank you for your continued support! Look forward to seeing you soon. Happy Halloween!

Onward,

Ann

P. Ann Forbes Sirmon

Mobile Bar Association, Executive Director

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 2024. To join a committee, complete the preference form below.

DEADLINE TO COMPLETE: FRIDAY, NOVEMBER 10, 2023.

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

DONATE!

We are collecting canned or other non-perishable food items for Feeding the Gulf Coast. We are accepting:

• Canned meats (tuna, chicken, etc.)
• Peanut butter
• Canned vegetables
• Fruits, canned or boxed
• Canned meals (soup, macaroni & cheese, etc.)
• Dried or canned beans, pasta, rice, and cereal

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

Deadline date to drop off items: Friday, October 13, 2023.

Dale Carnegie is offering Mobile Bar Association members a discounted rate to assist in all personal and professional development endeavors.

They have two courses to consider:

1.  High Impact Presentation Course. This two-day course is based on developing public speaking skills to inspire large audiences, motivate executives and team members, represent your organization, or simply control a meeting. It focuses on structuring an effective presentation that builds credibility and engages your audience, while clearly and persuasively conveying your message.

2.    Dale Carnegie Course. This is a nine-week course that meets one night per week for three hours. The training covers the areas of leadership, effective communication, managing stress and worry, and self-confidence.

Mobile Bar members can take the Dale Carnegie Course starting on October 10 at the Mobile Chamber of Commerce at the discounted price of $1,600. The next High Impact Presentation Course is scheduled for October 4-5 and is being offered at the same discounted rate.

If you are interested in attending or would like more information, please contact Mary Vander Sewell by email at mary.vander.sewell@dalecarnegie.com.

ADVANCE REGISTRATION DEADLINE IS FRIDAY, SEPTEMBER 29, 2023.

Probate Section Meeting/Lunch and Learn

Wednesday, October 25, 2023 | 12:00 - 1:00 p.m.

Available CLE Credits: 1.0 | Cost: $18 (lunch cost)

LOCATION: ATHELSTAN CLUB

Advance registration deadline is Monday, October 23, 2023.

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ADVANCE REGISTRATION DEADLINE IS MONDAY, OCTOBER 23, 2023.

EARLY BIRD REGISTRATION DEADLINE IS OCTOBER 23, 2023.

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LAWYER ASSISTANCE

By Michael Smith, Lawyer Assistance Committee Member

I have been tasked with writing about one of the most taboo of all subjects—suicide. It’s no secret among lawyers that the practice of law can be a grind. Superimpose family problems, financial problems, client problems, anxiety, depression, and the pressure of the adversarial process, and there has to be relief. Many times, we seek to self-medicate through alcohol and substance abuse. Ultimately, we may consider suicide, or develop suicidal ideations.

In his blog, “Simon Gray on Surviving Suicide,” Mr. Gray writes:

Suicide is often the culmination of a number of factors that present the person with a one-way-fits-all solution—that death is the only and the best way out. From the person’s point of view, it’s a logical decision based on illogical reasoning, thoughts, and emotions. I have experienced such intense suicidal thoughts that the prospect of ending life that very night got me through the mental anguish of the day. The thought of suicide almost gave me comfort and relief that I would soon find peace.

One night, these thoughts became so strong that I took an overdose. I went to sleep that night content and almost happy that the pain and almost unbearable anguish was at an end. … it obviously didn’t work. I woke up the next morning feeling very drugged up—but alive, nonetheless. It was a turning point in my life. It felt like a fresh beginning.

…

I was lucky. Many are not. A person may feel isolated by their situation and unable to express their suicidal thoughts to partners, family, or healthcare professionals. By talking to someone, the illogical thoughts and feelings can be diluted and given perspective. Communication can help turn an anguished and exhausted mind into the amazing problem-solving machine we all possess. If you solve one problem, then you can solve another and another. If you solve enough problems, then life can look very different.

Communication with a health professional can lead to medicative support or to professional talking therapies. It can help people get through the dark days and even darker nights. Talking can ease the mental pain. It can make us realize that we are not alone, and that other people have similar thoughts and problems. Talking can help people realize that suicide is not the solution. Life is the solution.

I have been in Simon’s position before, and what he is saying rings particularly true for me. Once you let yourself turn down the path that looks at suicide as a viable solution to problems, you are walking on dangerous ground. The adage that “suicide is a permanent solution to a temporary problem” may sound trite, but it is true. Suicide is never a solution, and no one has to suffer alone.

Alabama lawyers are fortunate: When we recognize that we are dealing with problems we can’t handle on our own, the Alabama Lawyers Assistance Program is available to help. I think there is a belief among lawyers that they will do anything to stay away from the State Bar because we associate anything Bar-related with the Disciplinary Committee. The ALAP is not related to, nor does it act in concert with, the Disciplinary Committee.

The ALAP is not a snitch. The program is designed to help lawyers deal with issues such as substance abuse, alcohol abuse, and mental health issues that the lawyers cannot handle on their own. When a lawyer voluntarily enrolls in the ALAP and agrees to follow the program outlined—usually tailored for that lawyer’s particular situation—the Bar is not made aware of that lawyer’s participation.

The ALAP’s mission is to help lawyers, judges, and law students struggling with addiction and/or mental health issues. They are there to help, and participation is voluntary and confidential.



The Alabama Lawyer Assistance Program can be reached at (334) 517-2238 or (334) 517-2216, or through a 24-hour hotline at (334) 224-6920. The national suicide hotline's new number is 988. You can also reach me (Michael Smith) at (251) 454-4827.

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MENTORING MOMENT

By Greg Vaughan, Mentoring Committee Member

Let’s talk – about You

This job brings its share of challenges; add the rest of your life to the mix, and you’ve got more than a plateful. How do you keep moving forward in a positive direction?

My law school classmate (and dear friend) and fellow MBA member Martin Poynter is one of a kind. Martin is focused on self-care. Just about every year, he hits the Appalachian Trail for a month (give or take) and recharges. He plans his work schedule such that he can literally take a hike. And he makes no apologies—to anyone—for his time in the mountains. He’s told me that you learn a lot about yourself when you carry everything you need to survive on your back, and your well-being is completely dependent on your own decisions (what to pack, where to camp, weather gear, etc.). Preparation is required. To survive for a month on the trail, you must be in good physical condition and eat a well-balanced diet. Martin puts in the time beforehand (eating right and exercising throughout the year). His recharge time in nature (i.e, an extended hike) is necessary for him to succeed as a lawyer. When he’s not on the trail, Martin handles challenging cases in Probate Court, including the mental health docket.

What’s my excuse for not getting lost in nature or getting serious about physical fitness and my diet? I don’t have a good one. Maybe you can encourage me—and, just maybe, I can encourage you. We need to prioritize “self-care.” Not billable hours, not making partner, not the endless “to do” list, and not the bottom line. Don’t make apologies for taking that “active” vacation or joining that gym and taking longer-than-usual lunch breaks so you can get your workouts in (or coming in at 9 a.m. because you were at the gym). Don’t feel guilty about taking care of yourself in whatever way you deem appropriate: You know what works. You can and should make yourself a priority.   

The Mobile Bar has a Wellness Committee. I encourage you to look them up—and maybe take one of the Committee’s periodic hikes led by my good friend Martin. He’ll greet you with a smile and tell you, as much as you’d like to hear, about the foliage along the trail, the different species of critters you may encounter, and whatever is making that hissing noise 😊… .   

***

I’ve spent a lot of time around lawyers and judges through my involvement in the bar’s mentoring program. This collection of articles is some of what I have learned there – and some of what I’ve learned along the way.

If you have any questions, comments, or would like to suggest some future topics, please send me an e-mail at: greg@vaughanpoe.com or call 251-432-8883.

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YOUNG LAWYERS SECTION

By John Leech, Young Lawyers President

Young Lawyers was able to raise $4,500 for Camp Rapahope during this year’s Trivia Tournament. This would not have been possible without the support of all of our local sponsors and partners, and the members of the Mobile Bar Association. Thank you all for your continued support of these fundraising events for our community. 

The October YL Social will take place on October 19, 2023, at 5:30 p.m. at The Haberdasher (113 Dauphin St.). It is being sponsored by Mobile Bay Reporting. We look forward to seeing everyone there.

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WOMEN LAWYERS

By Tiffany Ray, Women Lawyers President

The MBA Women Lawyers will host a fall social on Tuesday, October 10, at The Cheese Cottage. The event starts at 5:30 p.m. We hope to see you there! For any questions about the social or joining MBAWL, contact me at tiffany@taylormartino.com.

VERNON Z. CRAWFORD BAY AREA BAR ASSOCIATION

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In Elizabeth Cummings Hill v. Martinson, No. SC-2023-0182 (Ala. September 15, 2023), the Supreme Court held that a motion from attorneys seeking payment of legal fees was untimely and barred pursuant to Ala. R. Civ. P. 59. Reversing the Probate Court of Madison County, the Supreme Court held that the attorneys’ “motion to reconsider” the probate court’s original order denying attorney’s fees was a motion to alter, amend, or vacate a final judgment pursuant to Rule 59. Because the attorneys’ Rule 59 motion was filed more than thirty days after entry of the original order, it was untimely and the probate court’s order granting the motion was therefore void.

In Smith v. Smith, No. SC-2023-0264 (Ala. September 15, 2023), the Supreme Court reversed and remanded a Talladega Circuit Court judgment quieting title to real property in an ejectment action due to the claimant’s failure to add the heirs-at-law of an interested estate as necessary parties. Although the estate itself was a named party, and the appellants had failed to raise the issue of necessary and indispensable parties at trial, the Supreme Court acknowledged that the failure to add necessary and indispensable parties can be raised for the first time on appeal by a party or by the appellate court ex mero motu, and subsequently held that the heirs of the estate were, at minimum, necessary parties as each had an interest in the property that was the subject matter of the action.

In Cooper v. Durham, No. SC-2022-0965 (Ala. August 25, 2023), the Supreme Court reaffirmed a long line of cases holding that the proper measure of damages for breach of a contract for the sale of land is the difference between the contract price and the market value at the time of the breach. In a lengthy footnote contained in its opinion, the Court also reaffirmed recent holdings, including Matherly v. Citizen’s Bank, Nos. 1210396, SC-2022-0520, and SC-2022-0520 (Ala. October 28, 2022) (see December 2022 MBA Bar Bulletin Significant Decisions), standing for the proposition that a non-assenting spouse’s homestead interest in real property would not prevent alienation of such property so long as the value of the homestead exceeded the statutory threshold value of $5,000 and such statutory value was paid to the non-assenting spouse upon alienation.

In Espinosa v. Chamblin, No. SC-2022-1034 (Ala. August 25, 2023), the Supreme Court held that a tax sale was void for failure to give appropriate notice as required under Ala. Code § 40-10-1, et seq. Although the Court held that taxes had been validly assessed to the prior owner of the property pursuant to Ala. Code § 40-7-1 after such prior owner had conveyed the property to a new owner, the Court ultimately held the tax sale void because the publication notice of sale was in the name of the prior owner, depriving the new "true" owner of requisite statutory notice. 

In Smith v. Stowe, Nos. SC-2023-0198 and SC-2023-0200 (Ala. September 15, 2023), the Supreme Court held that the owner of a landlocked parcel of real property had established an easement by prescription over a farm road on the adjacent parcel of land. Despite the fact that the landlocked parcel owner had neither asked permission to use the farm road nor ever been denied permission to use the road (generally constituting mere permissive use), the Supreme Court held that the presumption of permissive use was overcome by the additional fact that the landlocked parcel owner’s use of the farm road was the only means of vehicular ingress and egress to her property, effectively charging the adjacent landowner with presumptive knowledge that the use of his or her property was under a claim of right.

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It’s time to Celebrate Pro Bono! Every October, the Alabama State Bar sponsors a coordinated statewide effort to showcase the important contributions of pro bono lawyers to Alabama communities, and to our system of justice. October also is a time to encourage participation in the Volunteer Lawyers Program. As a volunteer, you can make a difference in your clients’ lives. Thank you to the Mobile Bar Association, to the South Alabama attorneys who have participated in Celebrate Pro Bono events over the last 14 years, and to all who have taken on (and continue to take on) pro bono cases. Your clients, your community, and the SAVLP staff appreciate all that you do.

In August and September, SAVLP held clinics at the Mobile County Courthouse, Sybil Smith Family Village, Prodisee Pantry, the Christian Service Center, and the Daphne Police Department (Wills for Heroes). Many thanks to the following attorneys who volunteered at one of these events: Christina Bolin, Paige Ellis, Erin Fleming, Jennifer Holifield, Brooke Kelly, Brenton McWilliams, Rose Metzger, Mary Pilcher, Gaby Reeves, Blake Richardson, Hendrik Snow, Joseph Thetford, Jr., Bill Watts, Michael Wing, and Tut Wynne.

The Celebrate Pro Bono Task Force is offering a month of free CLEs as part of the October event. For information or to register, click here.

Did you know pro bono work through SAVLP qualifies for CLE credit? Attorneys can receive an hour of CLE credit for every six hours of pro bono service—see below. Please submit pro bono hours worked through September 30 to office@savlp.org by October 15.

SAVLP provides critical services to Alabama families. We need your help to keep it going. Please consider donating online at www.savlp.org/donate or sending a check to SAVLP at 118 N. Royal Street, Suite 402, Mobile, AL 36602.

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FROM THE CITY OF MOBILE CITY COUNCIL

FROM DOMESTIC RELATIONS COURT

The Ex Parte Order and the Final Order in Protection from Abuse have been changed effective September 1, 2023.

Click here to view Ex Parte Order.

Click here to view Protection from Abuse Order.

The Gulf Coast Family Center’s monitored exchange and supervised visitation program has relocated to 3100 Cottage Hill Road, Building 2, Suite 202, Mobile, AL 36606.

Cunningham Bounds is proud to announce the opening of our office in Atlanta, GA. We have joined with the Atlanta law firm of Moraitakis and Kushel.

Hand Arendall Harrison Sale LLC is pleased to announce that J. Craig Campbell joined the International Association of Defense Counsel.



USFN – America’s Mortgage Banking Attorneys is pleased to announce the addition of McPhail Sanchez, LLC, as a law firm member in Alabama with affiliates in Mississippi and Tennessee.

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The Delano Palughi Chapter of the St. Thomas More Society will sponsor the Annual Red Mass Celebration on Friday, October 6, 2023, at 12:00 PM at the Cathedral of the Immaculate Conception. A brief reception will be held following the Mass. Your support and attendance are greatly appreciated.

If you have any questions, please contact Greg McAtee at (251) 689-4536.

What: Annual Judge Harry J. Wilters, Jr., Lecture

When: Wednesday, November 1, at 7:00 PM

Where: University of South Alabama MacQueen Alumni Center | 100 Alumni Drive, Mobile, AL 36608

Cost: Free and open to the public

Available CLE Credit Hours: 1.0

How to register: No registration required.

What: 2023 SABRE Analytics Summit 

When: Thursday, November 16, 2023, 8:00 a.m. - 3:00 p.m.

Where: University of South Alabama MacQueen Alumni Center, 100 Alumni Drive, Mobile, AL 36608

Cost: $189 Early Bird; $229 General Admission

Available CLE Credit Hours: 5.0 + 1.0 ethics

How to register: Click here for more information and to register.

What: Mobile County Probate Court’s Appointed Lawyer Training

When: Thursday, December 14, 2023

Where: Mobile County Probate Court

Available CLE Credit Hours: 5.3 + .5 ethics

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

Listed below are members who celebrate a birthday in October.

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STAY CONNECTED