September 2022

Volume XLVI, Issue 9

In This Issue...

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

Committee Preference...........Page 2

Canned Food Drive................Page 3

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

Public Service........................Page 6

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

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

Significant Decisions.............Page 9

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

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

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

Never Forget. Just two words, yet they hold such special meaning. The events of September 11, 2001, are forever etched in our minds. Like other pivotal moments in history, such as Pearl Harbor and the assassination of JFK, people old enough to have experienced it remember exactly where they were when they received the news that our world had changed dramatically. As we approach the 21-year anniversary of that tragic Tuesday, I encourage you to take some time to reflect. Remember and honor the people who lost their lives that day; remember and honor the sacrifices so many made in an effort to save others; and remember and honor those who gave so much in the years following 9/11 taking the fight to our attackers. Also reflect on the days and weeks following 9/11, when our country was as united as I have ever seen. There are many lessons to be learned. In the not-too-distant future, we will be practicing law alongside others who were not yet born on that day. Let’s make sure they know, and let us never forget.

There is no membership meeting in September, but there are three CLE opportunities – Civil Law Update on September 8; Workers Compensation Lunch and Learn on September 12; and Basics of Immigration Law on September 14. Also, the Young Lawyers Section will host its monthly social on September 22 at The Outsider. I hope to see you there.

Please join me in welcoming our new part-time Membership Specialist, Jeffrie Morgan. I would love to share a little about her. For 22 years, Jeffrie was an academic resource teacher at McGill-Toolen, assisting students with learning challenges. She was also the senior moderator for 15 years, planning and coordinating senior events throughout the year.

In her free time she enjoys going out with her friends, working puzzles, reading, watching sports—especially college football—and any type of water activity. She spends a great deal of time with her daughter, her son, and their families—especially her two grandsons—and the rest of her large family.

Jeffrie has fit right in at the MBA, working hands-on at our events and always being willing to help! We are very fortunate to have her. Please stop by MBA headquarters and introduce yourself to Jeffrie.

As Brian mentioned in his article, we do not have a membership luncheon in September. However, we are offering several CLE seminars this month. Information on the CLEs is listed in the September bulletin below and on the Community Calendar on our website. Please make plans to join us and support your local bar association.

Don’t forget Thursday, October 6! First, the MBA will hold a New Member Orientation for anyone who has joined since 2019. That’s the last time we were able to hold an orientation due to the COVID-19 pandemic. Then, immediately following the orientation, we will hold a combined event: a New Member Reception and Open House for the recently renovated John Archibald Campbell United States Courthouse. All MBA members are invited to the combined event.

We are always interested in hearing your thoughts and ideas about how to improve the Mobile Bar Association. Please feel free to contact me any time by phone at 251.433.9790 or by email at [email protected].

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!

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, 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: Friday, October 14, 2022.

ADVANCE REGISTRATION DEADLINE IS WEDNESDAY, SEPTEMBER 7, AT NOON.

Workers Compensation Section Lunch and Learn

Monday, September 12, 2022 | 12:00 - 1:00 p.m.

Available CLE Credits: 1.0 | Cost: Free |Sponsored by: Beasley Allen

LOCATION: ATHELSTAN CLUB

The speaker for the Lunch and Learn is Evan Allen with Beasley Allen. Topic is Identifying On-the-Job Product Liability Case When Workers are Injured.

Advance registration deadline is Friday, 9, 2022.

ADVANCE REGISTRATION DEADLINE IS TUESDAY, SEPTEMBER 13, AT NOON.

PUBLIC SERVICE/COMMUNITY OUTREACH

By Tom Loper, Public Service/Community Outreach Chair

The MBA Public Service/Community Outreach Committee has been working with the University of South Alabama on PASSAGE USA, a program that helps adults with intellectual disabilities achieve their goals. The program is seeking internship and employment opportunities for its students—and that’s where we can help.

PASSAGE USA (“Preparing All Students Socially and Academically for Gainful Employment”) is a two-year or four-year postsecondary certificate program for young adults diagnosed with an intellectual disability. Enrolled students take classes at USA and hold on-campus and off-campus jobs. The program is looking to partner with employers inside and outside the university to secure internship/employment opportunities for students.  

Students range in age from 18-28. Most are eligible to participate in a Department of Labor program called SWAPTE (Southwest Alabama Partnership for Training and Employment), which compensates students for their time at work. In addition, students may be accompanied by a peer mentor (a USA student volunteer), who can provide constant on-the-job support where needed.

First-year students develop experience working 6 hours per week between two on-campus placements. In their second year, students are required to work 10 hours per week at an off-campus placement. Third- and fourth-year students must work 15-20 hours per week. 

If you are interested in becoming an internship site or have any questions about the program, please contact Danielle Miller, PASSAGE USA’s Employment Coordinator, at [email protected]. And thank you in advance for supporting this important program!

LAWYER ASSISTANCE

By Hank Caddell, Lawyer Assistance Committee Member

We at Lawyer Assistance are Not Here to Rat You Out!

In recent years, the Lawyer Assistance Committee of the Mobile Bar Association has sought to find ways to help members who may be suffering from stress, depression, addiction, or other problems that may threaten not only their professional careers, but their very lives and personal well-being. Experience has shown that these problems are often compounded by the fact that the attorney has fallen behind in obligations to clients and may have tripped over some of the rules of ethics or professional conduct. In those cases, the lawyer may not seek help from the Bar for fear that doing so would put himself or herself at risk of sanctions, or even disbarment.

This creates a double bind in which the lawyer may spiral into greater and greater trouble! But we on the Lawyer’s Assistance Committee are here to help and are not here to rat you out! Jeremy Rakes (Cell: 334-224-6920), Director of Lawyer’s Assistance for the State Bar Association, has emphasized that he is ready to help lawyers in need and never makes any contact with the staff of the State Bar handling grievance or disciplinary matters. He has gone so far as to say that he spends almost no time in the State Bar office, but rather travels around the state meeting, counseling, and helping attorneys in an informal setting. For Jeremy, the greatest impediment to providing help is the notion that he might bring down upon the attorney the weight of the State Bar’s disciplinary function.

Our local Lawyer Assistance Committee makes the same pledge. We are here to help, not to turn anyone in. This is not to say there isn’t an important interface between the Lawyer Assistance process and the other functions of the State Bar. In many cases, an attorney may be suffering from depression, addiction, etc., because he or she is not tending to business and is in potential jeopardy with the disciplinary process. In such cases, that process will likely come into play at some point.

We are assured by the Alabama State Bar, however, that accepting help and working toward recovery are always important considerations when grievances or disciplinary matters occur. Thus, no matter how bad the situation is, lawyers should embrace the opportunity for help as an important step in the process of working things out. 

Again, our local Lawyer Assistance Committee pledges to offer help and referral in an absolutely confidential manner. Please pass the word to anyone you think might need help, and please look at the Mobile Bar Association’s new lawyer-assistance webpage, which provides extensive sources of help and referral for those who may need it.

Anyone who has lived long enough will tell you that there are likely going to be times when you feel like you have hit rock bottom. For goodness’ sake, be ready to reach out for the kind of help that may make a vital difference.

YOUNG LAWYERS SECTION

By Johana Gerheim, Young Lawyers Section Chair

In Womble v. Moore, No. 1210222 (Ala. August 12, 2022), the Supreme Court held that it did not have jurisdiction to consider the appeal of a motion to set aside judgment, as the motion had not been denied as a matter of law and the appeal was therefore premature. Though more than 90 days had elapsed from the filing of the motion without an order from the trial court, the Supreme Court held that denial by operation of law pursuant to Ala. R. Civ. P. 59.1 did not apply to Rule 60(b) motions to set aside judgment, and the motion remained pending with the trial court. The Court further held that appellants’ appeal of the trial court’s order dismissing their claims was time-barred, as a motion to set aside judgment does not toll the 42-day appeal window pursuant to Ala. R. App. P. 4(a)(3).

In Treadway v. Abernathy, No. SC-2022-0540 (Ala. August 12, 2022), the Supreme Court held that a circuit court has appellate jurisdiction to review the final judgment of a district court in a civil proceeding initiated pursuant to the denial or revocation of a concealed-carry permit. According to the Court, although the applicable statute, Ala. Code § 13A-11-75(a)(3), does not expressly authorize a circuit court to review such a judgment, the general appellate jurisdiction of circuit courts over district courts pursuant to Ala. Code §§ 12-11-30 and 12-12-71 conferred appellate jurisdiction to the circuit court to review final judgments of district courts initiated pursuant to Ala. Code § 13A-11-75(a)(3).

In Ex parte HuffingtonPost.com, Inc., No. 1200871 (Ala. August 12, 2022), the Supreme Court held that the operator of a multimedia current events website retained immunity under the Communications Decency Act (47 U.S.C. § 230) from plaintiff’s claims of invasion of privacy and negligence per se pursuant to the Alabama Adoption Code (Ala. Code § 26-10A-1). Notwithstanding the website’s retention of the ability to check, supervise, approve, remove, and issue retractions of the posts of an unpaid, nonemployee writer; an exclusive, perpetual license to control the publication of the writer’s posts; and the writer holding herself out as an agent of the website, the Court held that the website did not have “actual authority” over the writer and the writer was therefore not an “agent” of the website.

The following applicants were approved for membership by the Mobile Bar Association Executive Committee. They were welcomed into the Mobile Bar Association on Friday, August 12, 2022.

• Thomas R. Finley, graduated from the University of Mississippi School of Law in 2022, admitted to the Alabama State Bar in 2022, and is employed with Lyle Johnson.
• Danielle Ingram, graduated from the Thomas Goode Jones School of Law in 2018, admitted to the Alabama State Bar in 2019, and is employed King Simmons.

BORN: On August 4, 2022, MBA Members Blair Mattei and Kirk Mattei welcomed daughter Anne Bennett Mattei. Anne, 21 inches, 7 pounds, is welcomed by big sister, Jane. Congratulations, Matteis, and welcome, Anne!

KUDOS: The National District Attorneys Association (NDAA) recognized MBA Member and Mobile County District Attorney Ashley Rich as the 2022 recipient of the Jackie Lacey Award for Aspiring Women Prosecutors. Each year, the NDAA gives the award to prosecutors who have distinguished themselves among their peers as they seek justice, hold offenders accountable, and protect the rights of victims. Congratulations, Ashley!

DIED: On July 19, 2022, Retired MBA Member William Maynard Heard, Jr., died at the age of 96.  Bill was a lifelong resident of Mobile and a graduate of Murphy High School.  He served in the U.S. Army during World War II. After graduating from the University of Alabama School of Law, he served as a 1^st Lieutenant in the JAG Corps of the U.S. Air Force during the Korean Conflict.  Bill practiced real estate law in Mobile for many years.  He was a faithful member of Dauphin Way Baptist Church, serving as a deacon and Sunday School teacher as well as on the church legal committee.  Bill was a wonderful storyteller and model-train enthusiast.  He is survived by his wife, two children, stepdaughter, three grandchildren, one step-grandson, and five great-grandchildren.  His son, Ken Heard, is an attorney in Fairhope.

DIED: Michele Adrian McClanahan White, mother of MBA Member Allison Smalley and mother-in-law of MBA Member Trip Smalley, died on July 16, 2022.  Born in Cincinnati, Ohio, Michele spent decades serving others as a nurse at various hospitals in Cincinnati and throughout Kentucky.  She was an avid member of the Christ United Methodist Church in Louisville, where she taught Sunday School and Vacation Bible School.  Michele is survived by her three children and four grandchildren.

DIED: Sue Hamilton Paul, mother of Mobile attorney Susan Paul and mother-in-law of retired MBA Member Mike Smith, died on June 21, 2022. Sue graduated from Sylacauga High School and Birmingham-Southern College. A longtime resident of Tuscaloosa, she was a member of Forest Lake United Methodist Church and the Junior League of Tuscaloosa. Sue considered herself primarily a homemaker, but she was also an avid reader who worked for the Birmingham Public Library and the University of Alabama Library and ultimately retired from the Tuscaloosa Public Library. She was predeceased by her husband and is survived by her two daughters and two granddaughters.

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.

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. An onsite receptionist. 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 [email protected].

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.

Office Location at 56 S. Conception Street is available for rent. Please contact John Brutkiewicz at 251.405.3022 for more details.

The following books are for sale and in very good condition. They are as follows:

1-Partial set of Alabama Reporters. 361-362 So2d through 652-655 So2d, 99 volumes

2-West’s Alabama Digest, as of 1993, 57 volumes. $400.00 or best offer

Contact Ted Hall at [email protected].

Armbrecht Jackson announces 15 of its attorneys have been named in The Best Lawyers in America 2023. They are: Scott G. Brown, Gregory P. Bru, Edward A. Dean, Tamela E. Esham, Benjamin Y. Ford, Duane A. Graham, Timothy A. Heisterhagen, William R. Lancaster, M. Kathleen Miller, Mark A. Newell, Thomas P. Oldweiler, Steven C. Pearson, Bryan D. Smith, J. Robert Turnipseed, and Norman E. Waldrop, Jr. Two attorneys were also selected for inclusion in the 2023 edition of The Best Lawyers in America: Ones to Watch. They are David D. Anthony and Robert S. Walker. Only one lawyer is recognized as the Lawyer of the Year for each specialty and firm location. Armbrecht Jackson LLP is honored to announce the 2023 Lawyer of the Year in the Mobile area: Mark A. Newell for Insurance Law and Norman E. Waldrop, Jr. for Mass Tort Litigation/Class Actions – Defendants; Product Liability Litigation – Defendants.

Listed below are members who celebrate a birthday in September.