Forrest S. Latta, President

September 2023

Volume XLVII, Issue 9

In This Issue...

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

Committee Preference Form..Page 3

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

From the Court.......................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

In the News.............................Page 15

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

Birthdays.................................Page 19

  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

This month, in lieu of a bar luncheon, we are co-sponsoring the Alabama Supreme Court’s oral arguments on September 19 at the University of South Alabama. It is rare to have one of our three governmental branches sitting in Mobile, and this is an honor. It is impressive to see the Justices and counsel in action. I hope many of you can attend.

Congratulations to Judge Vicki Davis, who became the newest Circuit Judge of the historic Thirteenth Judicial Circuit on August 25. Our thanks to Judge Davis on behalf of the MBA for permitting me to speak at her investiture.

It has been a banner inaugural year for the Corporate Counsel Section under Chairperson Julia Shreve. Their guest speaker last month was Hon. George Simmerman, who recently retired as General Counsel for Huntington-Ingalls, one of our nation’s largest and most important defense contractors. George began with Armbrecht Jackson in 1983 and spent the last 30+ years with H-I, shuttling between here and Virginia. We are proud to have him as an MBA member.



One of our most important and active committees is the Mentoring Committee, led by 2023 Chairpersons David Trice and Koby Kirkland. No matter your experience level, you would have enjoyed their recent well-attended CLE program on mediation techniques featuring two experienced judges and two longtime mediators. Outstanding.

Bar Results this Month

September means bar results will be announced in a few weeks. At a Young Lawyers party in 1983, at the old Zebra Lounge, word spread quickly that our bar results were in the mail. Steve Martino, Mark Newell, Pete Mackey, Michael Upchurch, Phil Philpot and I, along with a motley crew of other newbies, scattered like birds. The following morning many of us literally tracked down our mail carrier to ask for any letter from the Alabama State Bar. A thin letter was good; thick was bad.

Nowadays, bar results are announced in a less dramatic way via the State Bar website. But the moment is still unforgettable for each examinee, as it was for us. Passing the bar exam is a major life achievement and a common bond. About 400 hopefuls will be nervously checking the website in about three weeks! Good luck to each of them.

Back to Business Attire 

Labor Day means it is time to pack away our summer suits. Recently, I saw an article about 100+ Tennessee lawyers who held a “Seersucker Flash Mob” for charity on the final day of court in August. They passed around straw boater hats, filling them with money. It was great PR, the funny kind the public loves. For many years, especially after Atticus Finch became a national role model, seersucker suits were the unofficial emblem of Southern lawyers.

It is hard to picture Atticus in a golf shirt. An unnamed Judge recently said, “Too many lawyers are dressing like their clients.” He didn’t mean courtroom attire. I get it. A few years ago, one of my senior partners said, “You look like the copier man!” It made me think about how lawyers dress, and whether it is just for ourselves.

There is a reason people trust uniforms, whether as a judge, doctor, airline pilot, police officer, or soldier. Like it or not, people make split-second decisions whether to trust us based on our appearance. I won’t belabor the point, but countless studies show that business attire helps enhance our professional image and performance. There are no studies showing that casual attire does so.

I once heard the great Bob Denniston, who was never seen without a coat and tie, say he “didn’t have enough clients” to dress down. Massey Bedsole once said, “Every day is a job interview.” And Ed Thornton, one of the most formal lawyers of our era, often said, “If we don’t act like a profession, pretty soon we won’t be.” Three great lawyers and Bar leaders.

I know not everyone will agree. But it’s back to business attire for me. I need every client I can get.

Forrest S. Latta

Mobile Bar Association, 2023 President

Wow! What a busy August! It has been great getting out and about and seeing everyone. We had a sold-out crowd for the August Membership Luncheon featuring Danny Sheridan as the speaker. Thank you for your support! 

As we all know, September marks the start of a busy season that will continue through the remainder of the year. In recognition of the coming busyness, I’d like to devote this month’s 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 the Mobile Bar, you already have a profile on the website. For signing in, you will have a user name 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. Please help us by keeping your information as up-to-date as possible. We are maintaining a website and 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. You are logged into your profile on the website. 2. Not logged into your profile, go to the tab marked “For the Public,” select “Member Directory,” and type in a name. Tip: I recommend just typing in the person’s last name, because if the person goes by their middle name, they are not going to show up.

Bar Bulletin: Starting in 2024, the monthly Bar Bulletin will change its name to the Legal Eagle. If you have any art suggestions for us, please share with me via email at [email protected] and Bar Bulletin Editor Tiffany Ray via email at [email protected].

Great article to read:

Building a Great Practice: It’s about Relations – Click Here to read.

Look forward to seeing you soon.

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: 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 9-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 10th 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 [email protected].

RSVP BY WEDNESDAY, SEPTEMBER 13, 2023.

We are offering a 15% off coupon for online CLEs during the month of September.

The coupon code for online CLEs is: FALL23

The coupon code is effective September 1 - 30, 2023.

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Workers Compensation Section Lunch and Learn

Monday, September 18, 2023 | 12:00 - 1:00 p.m.

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

LOCATION: ATHELSTAN CLUB

Speaker Jack Gibbons will present a series of puzzling questions for open discussion.

Advance registration deadline is Friday, September 15, 2023.

ADVANCE REGISTRATION DEADLINE IS FRIDAY, SEPTEMBER 15, 2023.

ADVANCE REGISTRATION DEADLINE IS FRIDAY, SEPTEMBER 22, 2023.

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FROM THE COURT

AMENDED NOTARY PUBLIC RULES

There has been a substantial revision of Alabama’s Notary Public Act, effective on 9/1/23. The new Act provides for the use of a statewide application and training for applicants. It also increases the bond amount and specifies criminal and civil liability for notaries public who do not properly perform their duties as such. An outline of the new Act is posted on the Court’s website. Click here to view.

MOBILE COUNTY TO LAUNCH NEW VETERANS

TREATMENT COURT

The Mobile County Circuit Court launched a revamped Veterans Treatment Court on Friday, August 25, 2023, to help veterans involved in the criminal justice system address mental health and substance abuse issues and reduce recidivism.

"Unfortunately, many veterans become entangled in the criminal justice system that relates back to their service to our country; this program will allow our dedicated team to address those unique needs in a coordinated effort to get them back on the right track,” said Mobile County Circuit Judge Michael Windom, who will serve as the lead judge for the program. “We are blessed to live in a community that really values our veterans and their service. This program would not be possible without the strong support of the local Veterans leaders and groups, our District Attorney, the Public Defender’s office, my fellow judges, law enforcement, our local elected officials, and our dedicated team.”

The Mobile County Veterans Treatment Court will offer qualified veterans an opportunity to access community resources in conjunction with existing Veterans Affairs resources. Eligible veterans will participate in a 14-month program consisting of five phases during which an interdisciplinary team will work with them and track their progress. After they complete the program, participants will be acknowledged during a graduation and the underlying criminal charges will be nolle prossed.

“Veterans Support Veterans—We have your Six. In combat we support each other in order to succeed and secure the objective and fulfill our mission,” said Lou Lartigue, retired Army lieutenant colonel and president of the South Alabama Veterans Council. “Today our mission is to move our Veterans forward in life to help them secure their objective: Start anew and make it happen.”

“Our veterans deserve the best possible resources our community has to offer, and I’m so grateful to the Mobile County Circuit Court for creating new opportunities for the men and women who have dedicated their lives to keeping our nation free,” said Congressman Jerry Carl. “I look forward to seeing the Mobile County Veterans Court transform countless lives.”

The first docket of the new Court was held on Friday, August 25, 2023 in Courtroom 6400.

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MENTORING MOMENT

By Greg Vaughan, Mentoring Committee Member

Practice Pointers: Preparing you and your client for mediation.

Mediating cases has become one of my preferred practice areas; helping litigants find peace through resolution provides career satisfaction that is hard to describe. As a lawyer, I’ve had the privilege to work with some of the most talented mediators in our area—mediators who facilitate fair and effective settlements by relating to lawyers and clients alike. If you’ve worked with professionals like Mike Upchurch, Reggie Copeland, Charlie Fleming, Hon. Rich Pearson, Hon. Lang Floyd, and Warren Butler, you know what I’m talking about. They’re the best of the best—and I have no doubt they’ve had a positive impact on my work as a lawyer representing clients in mediations, and now, my work as a mediator.  

The following is a summary of remarks (part one) I presented recently to the Mobile Bar’s Mentoring Program CLE on preparing yourself and your client for an upcoming mediation:

Preparing yourself to mediate

Draft a comprehensive position statement to the mediator that addresses the facts, law, value, and settlement history of your case. Preparing such a comprehensive statement requires careful study of your file—and that’s a good thing. This exercise will help refamiliarize you with the important aspects of your case. Know the finances of your file (fees and expenses owed, estimated fees and expenses if the case does not settle, outstanding liens/subrogation interests). Every client needs to know the financial risk of moving forward, and mediation is a great opportunity for you to reiterate the tremendous financial burden protracted litigation can have on an individual. Need help explaining the risk of moving forward, or not certain as to case value? Find a quality mentor and book a date to “talk shop” at a local coffeehouse (just remember to pick up the tab 😊).       

Lastly, have the right mindset. In years past, I struggled with this. Does it make any sense to get worked up about a low-impact car wreck case, or a mid-range home defect case? No, it does not. When your emotions during mediation (or at any time during the life of your case) get out of whack, it’s time to pause and reflect. Ask yourself which approach conveys confidence and competency: calm and organized, or noisy and un-organized? You know which one. Know your case well, get organized, and watch the improvement in your approach. Calm and organized is in reach—it just takes prep time. 

Preparing your client to mediate

Meet with your client in advance of mediation, face to face. They are stressed, suffering from litigation fatigue, and confused about what happens at a mediation. They need you to put them at ease, and you can do that by telling them what mediation is—and what it is not. I generally begin by telling them what does not happen at a mediation: No one testifies, no one renders a ruling. The mediator is a neutral, and no one is forced to settle their case or any aspect of it—resolving a case in mediation is a voluntary undertaking. It’s an informal settlement conference, with a back and forth similar to a negotiated car purchase.

Risk management is a primary reason you’ve been hired, so find the time to address risk with your client (multiple times, if it’s not resonating). Share your position statement with your client so they know what you’ve reported to the mediator. If your position statement does not address case risk, that’s ok. Just make sure you place your thoughts in an email to your client, as you certainly need to document the potential downside(s)).

Lastly, as it concerns preparing your client, stress that an “open mind” is the best approach. Encourage that they listen to the comments of the mediator. IF there is a settlement, the end result may be less than their bottom line (or more than they were prepared to pay). In the end, a true settlement involves compromise on both sides.    

***

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

If you have any questions, comments, would like to suggest some future topics please send me an e-mail at: [email protected] or call (251) 432-8883.

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YOUNG LAWYERS SECTION

By John Leech, Young Lawyers President

Young Lawyers will have their September Social at Grace on Thursday, September 21, starting at 5:30 PM. This event is being sponsored by ProLegal. All lawyers and staff are encouraged to attend.

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WOMEN LAWYERS

By Tiffany Ray, Women Lawyers President

Thanks to all who attended MBAWL’s August 22 lunch-and-learn CLE, held at the federal courthouse. Carla Crowder, Executive Director of the Alabama Appleseed Center for Law and Justice, visited Mobile to share information about Appleseed’s work on sentencing reform and other issues. Specifically, Carla spotlighted Alabama’s aging prison population and Appleseed’s efforts to seek resentencing to time served for older individuals serving life sentences for nonviolent crimes. Her presentation inspired a lively Q&A.

Appleseed is a Birmingham-based 501(c)(3) organization that advocates for justice and equality for all Alabamians. Their recent work has been profiled in two short documentary films, available here and here. If you’re interested in pro bono work, contact Carla at [email protected].

Next Up: MBAWL will host a September member social—details coming soon. If you’d like to become a member, contact me at [email protected].

VERNON Z. CRAWFORD BAY AREA BAR ASSOCIATION

Thanks to all who stopped by the Vernon Z. Crawford Bay Area Bar Association’s August 22 celebration at Wintzell’s recognizing Mobile County Circuit Court Judge Vicki Davis’ appointment to the bench. And congratulations to Judge Davis!

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In Murray v. Porter, No. SC-2022-1008 (Ala. August 11, 2023), the Supreme Court held that, pursuant to Ala. Code § 6-6-330, the Jefferson County Circuit Court did not have jurisdiction to hear a claim for unlawful detainer. Although neither party had challenged or raised the issue, because the issue of subject matter jurisdiction could not be waived, it was the duty of the Court to consider, ex mero motu, whether the circuit court lacked such jurisdiction. Because the action had not been originally adjudicated in district court, the judgment of the circuit court was void and could therefore not support an appeal.

In Williams v. Mari Properties, LLC, No. SC-2022-0872 (Ala. August 18, 2023), the Supreme Court affirmed the judgment of the Jefferson County Probate Court that the Probate Court lacked jurisdiction over a claim for judicial redemption. As discussed by the Supreme Court, although certain probate courts within the state of Alabama possess limited equity jurisdiction concurrent with circuit courts pursuant to local acts, probate courts are only granted statutory jurisdiction over statutory/administrative redemption actions, not judicial redemption. Because the real property in question had been purchased by the State of Alabama for taxes, the property owner’s only opportunity to exercise her right of statutory/administrative redemption (Ala. Code § 40-10-122) expired when the State subsequently sold its interest in the real property to a private purchaser, leaving the owner only a potential claim for judicial redemption (Ala. Code § 40-10-82, 83).

In a case of first impression, in Mwangi v. Ndegwa, No. SC-2022-0934 (Ala. August 18, 2023), the Supreme Court held that, in determining whether a party to the proceedings in the probate court is “aggrieved” for the purposes of Ala. Code § 12-22-21, “we ask whether the party has claimed a legally protected right or interest in the decedent's estate and whether the probate court’s decision adversely affects that right or interest.” (Emphasis in original). As appellant had claimed a right to administer the decedent’s estate based on her alleged common law marriage to the decedent, the Supreme Court held that the probate court’s ruling that the appellant was not was married by common law to the decedent necessarily deprived her of such claimed right and provided standing for appeal pursuant to Ala. Code § 12-22-21.

In Whaley v. Department of Alabama Veterans of Foreign Wars of United States, No. SC-2022-0850 (Ala. August 18, 2023), the Supreme Court re-enforced recent jurisprudence that electronic bingo is illegal in Alabama and that such illegality will affect potential contractual claims arising therefrom. Despite plaintiffs receiving a jury verdict of over $1.7M in compensatory damages plus $2M in punitive damages at trial for claims of breach of contract, conversion, and fraudulent suppression, the Supreme Court held that plaintiffs ultimately could not maintain such actions, where the underlying contracts on which plaintiffs relied and on which such claims were based were illegal.

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By now, many of you have met SAVLP’s new Pro Bono Manager, Heather D. Sands. Heather attended the Mississippi College School of Law and was admitted to the Alabama State Bar in 2012. She recently served as SAVLP’s Disaster Recovery Project Coordinator. Heather continues to oversee SAVLP’s disaster preparedness and recovery projects, while also coordinating clinics at various sites in Mobile and Baldwin counties. If you or your firm would like to sponsor a clinic or volunteer for one, please contact Heather at [email protected].

SAVLP needs volunteers for probate and real property cases. If you have time to help, please contact [email protected].

Do you have a free morning or afternoon to meet with clients at SAVLP’s office? We can select two or three clients for you to meet with during your shift based on the practice areas you are interested in. You can meet with the clients and simply offer advice, recommend next steps to SAVLP staff, or accept a case (or two!) for representation through SAVLP. Contact Michele at [email protected] to schedule an “in-office” day.

Many thanks to the following attorneys who accepted or closed cases in the second quarter of 2023: Dorothy Barker, Hart Benton, Jaime Betbeze, Edward Blount, Jr., Thomas Boller, Stephanie Booth, Henry Brewster, Craig Campbell, Nash Campbell, Paul Carbo, C. S. Chiepalich, Paul Clinton, Harwell Coale, Jr., Meegan Colclough, Luke Coley, Page Ellis, Benjamin Ford, Donald Friedlander, Richard Fuquay, Thomas Glidewell, Scott Hetrick, Jennifer Holifield, Taft Hughes, Ivan Ingram, Sidney Jackson, Jack Janecky, Adam Jarvis, Mary Carol Ladd, Gilbert Laden, Ruth Lichtenfeld, Peter Mackey, Barney March, Buster Middlebrooks, Brooks Milling, Henry Morrissette, Robert Mudd, Jr., Jack O'Dowd, Jr., Charles Potts, Jean Powers, Ginger Poynter, Jon Roberts, Jr., Ian Rosenthal, Steven Sciple, Liam Scully, III, Clifford Sharpe, Robert Shreve, Lacey Smith, Caleb Smoke, Hendrik Snow, Alex Steadman, Nathan Stewart, David Trice, Jr., Roger Varner, Jr., Patrick Ward, Jessica Welch, Jarrod White, Anna Williams, Michael Wing, and Ricardo Woods.

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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, August 11, 2023.

They are:



• Patrick J. Clarke, graduated from Mercer University School of Law in 1988, admitted to the Alabama State Bar in 2021, and is employed with Burr & Forman LLP.
• Ashley Day, graduated from St. Louis University School of Law in 2010, admitted to the Alabama State Bar in 2021, and is a solo practitioner.
• Tierany B. Hatcher, graduated from Southern University Law Center in 2014, admitted to the Alabama State Bar in 2021, and is a solo practitioner.

DIED: MBA Member Franklin Louis Shuford, Jr., died on July 29, 2023. Frankie joined the U.S. Army National Guard after graduating from Opp High School in 1981. He was injured in basic training and became a quadriplegic at age 18. After spending almost a year in the Memphis VA hospital, Frankie returned to Mobile to attend the University of South Alabama. He graduated with a degree in political science, then earned his law degree at the University of Alabama. In 1992, Frankie opened his law practice in Mobile. He brightened people’s lives and showed them God’s love through his kind, generous spirit. Frankie is survived by his wife of almost 30 years and their son.

DIED: MBA Member Howard Murfee “Spud” Schramm, Jr., died on July 20, 2023. Spud was a graduate of UMS, Washington and Lee University, and the University of Alabama School of Law. A Captain in the U.S. Army, he served at Fort Bragg, North Carolina, and in the Vietnam War. Following discharge, he began permanent employment with the Turner Supply Company, becoming the company’s third president in 1975. Spud was active in Mardi Gras (having reigned as King Felix III in 1968) and a patron of the arts. He is survived by his wife of 50 years, two children, and four granddaughters.

The Mobile Chapter of the Association of Legal Administrators will be compiling its biannual salary survey of law firm staff this month. Please contact Bill Kiszla at [email protected] to get set up to confidentially contribute your staff salary data and to receive survey results at a reduced rate. The salary survey is professionally compiled by Wilkins Miller and is an excellent tool to benchmark salary levels in the Mobile area.

Armbrecht Jackson LLP is proud to announce that 14 of its attorneys have been named in The Best Lawyers in America 2024. They are: Clifford C. Brady, Scott G. Brown, Gregory P. Bru, Edward A. Dean, Tamela E. Esham, Benjamin Y. Ford, Duane A. Graham, M. Kathleen Miller, Mark A. Newell, Thomas P. Oldweiler, Steven C. Pearson, Bryan D. Smith, J. Robert Turnipseed, and Norman E. Waldrop, Jr. Also, David D. Anthony was named to The Best Lawyers in America: Ones to Watch and Norman E. Waldrop, Jr. was honored as 2024 Lawyer of the Year.

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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 is greatly appreciated.

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

Event: University of South Alabama hosting the Alabama Supreme Court for Oral Arguments

Date: Tuesday, September 19, 2023

Location: MacQueen Alumni Center

Time: Starts at 9:30 AM

For more information: Seating is limited. RSVP to [email protected].

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

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Listed below are members who celebrate a birthday in September.

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STAY CONNECTED