Jean M. Powers, President
November 2018
Volume XLVII Issue 11

In This Issue...
Ann's Article......................Page 2
Lawyers In The 3
Continuing Legal Education....Page 9
President - JEAN M. POWERS
President Elect - MARK A. NEWELL
Assistant Treasurer - CHARLES E. “CHIP” TAIT
Executive Director - ANN SIRMON
Health Insurance, Plus Legal Movies – Part Two
Health insurance. These two words commonly evoke several responses: “Ugh”; “Glad we had it when our child was diagnosed”; or, especially since the Affordable Care Act (“ACA”), “It costs more than my mortgage.” Your Mobile Bar Association is investigating an insurance plan for MBA members. An ad hoc committee is looking at the options and benefits to present to the Executive Committee.
Before the ACA, most professionals could easily afford good health insurance. After the ACA became law, good and affordable health insurance became difficult to find. Another effect of the ACA has been that professional associations, such as the MBA, could no longer offer their own health insurance plans. The Huntsville Bar Association does so because it began offering its own plan many years ago. When the ACA became a reality, the Huntsville Bar plan was grandfathered in. Post ACA, the Huntsville plan was such a good option that our Huntsville colleagues were prevailed upon to offer its health insurance plan to all members of the State Bar via an associate membership in the Huntsville Bar Association. The benefits are excellent and many lawyers across Alabama avail themselves of this opportunity. 
Last year, the ACA was amended. Effective October 1, 2018, associations may again offer health insurance plans. We foresee this as a huge member benefit and we will work diligently to make it happen. After a great deal of preliminary work, a meeting was held with representatives of Blue Cross Blue Shield Alabama (“BCBS”) on October 16, 2018. As of the time I write this column, we await a specific rate quote with two options from BCBS. Since the meeting, an ad hoc committee was formed and is comprised of Brian Murphy, Executive Committee member at large; Michael Holberg, Esq., member; Bill Kiszla, Firm Administrator at Ambrecht Jackson; and me. Please contact any or all of us with your thoughts or questions. 
Legal movies, part two. You might recall that in my September comments, we had a little fun with legal movies. To continue the discussion, I asked that you all submit a list of your five favorite legal movies for a random prize drawing at the October monthly luncheon. Thirty – three MBA members submitted their lists! To put this in perspective, in 2017, less than thirty -three members submitted comments to improve the MBA when we solicited that input with our annual committee and section preference form. Either the MBA is perfect as it is, or you all find movies more interesting! 
Our sponsor for the October luncheon was McCoy Outdoors. We all LOVE patronizing McCoy! They donated the random prize gifts – four Yeti Rambler tumblers and a Yeti cooler!!! Members were required to be present to win. I expect that some of you are now very sad to have missed the luncheon. Not only did you miss an informative presentation from Michael Upchurch about his efforts on the State Bar’s task force studying changes to the rules governing lawyer advertising, you missed your chance to win Yetis. Margie Williams, Davis and Fields, took home the Rambler tumblers, and Kristi Dugan, Frazer Greene, is the proud owner of the Yeti cooler. 
The thirty - three submissions were a delight to review and analyze. While clearly, this is not a scientific study; (thirty - three submissions from approximately thirteen hundred members is not a significant response, and the Yeti motivation may have been a factor), the top five lists offered some interesting nuggets. All submissions were timely – we lawyers know our deadlines. Of respondents, twenty – five included “To Kill a Mockingbird” on their list of top five movies. A close second at twenty – four was “My Cousin Vinny.”  Other favorites included: “The Verdict” with fourteen votes; “A Few Good Men” with nine; “Twelve Angry Men” with eight; and “Erin Brockovich” with seven. In my September comments I questioned the inclusion of “Chicago” in the 2008 top twenty – five list of legal movies. But in her submission, Beth McFadden Rouse, our respected colleague and past President of the MBA, ranked “Chicago” as number three. When I asked her about it at the October luncheon, she defended it staunchly. I hereby withdraw my objection to the inclusion of “Chicago” in the 2008 list. Hoping you all enjoyed this foray into popular culture as much as I did.
This month’s program will be
2nd Annual Memorial Resolutions Luncheon
Friday, November 16, 2018 - 11:45 am at the Admiral Hotel
SPEAKER: David A. Bagwell, Esquire

Giving thanks. 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.  As I write this article, I’m starting the third week as Executive Director and I’m thankful for the opportunity to work for and represent the oldest Bar Association in the State of Alabama.
Before I express my thanks, I’m sure many of you are curious about me. I graduated from the University of South Alabama with a degree in Hospitality Management and have earned the certified as a meeting professional designation from the Convention Industry Council. I worked in the association and meeting management field over 20 years. For the last six years, I’ve worked at the Mobile County District Attorney’s Office, managing the Youth and Family Services Department and the BullyBlocker program for the District Attorney. It was an honor to serve the citizens of Mobile County and work and represent the District Attorney’s Office. Outside of work, my hobbies are running, cooking, gardening, fishing and volunteering, especially with Big Brothers Big Sisters. I’ve been married to Danny Sirmon for 30 years and our son Forbes graduated from the University of Alabama in December 2017 and has an exciting career in New York City. 
Now back to giving thanks. One of the ways, I would like to give thanks is to Barbara. The Association is very fortunate. She dedicated the last 38 years to the association and grew it into the successful organization that it is today. In my short time, I’ve learned so much and, as a friend shared, “You have some big shoes to fill.” Yes, I do and I’m looking forward to the challenge. Additionally, I’m thankful for Tammy. She does an amazing job! Her smile, positive attitude, commitment to serving the membership and what she can accomplish in an hour are all quite refreshing and appreciated.  
Last but not least, I give thanks for each of YOU! Thank you for being a member of the Mobile Bar. Thank you for your support and service on our many committees. I look forward to meeting each of you and the great things we will accomplish in the coming years.
Remember, be a blessing and give thanks.

All my best,
Greg Carwie, Chair
The following lawyers were nominated as officers for 2019:
President Elect –George W. “Skip” Finkbohner, III
Vice President – Charles J. Potts
Secretary – Mary Stone
Assistant Treasurer – James Robert Turnipseed
DIED: MBA member MARGARET “MEG” DEMERANVILLE died on October 12, 2018. Meg was a native Mobilian. She graduated from Springhill College and George Washington University with master’s degrees in both Public Health and Public Health Administration. She earned her juris doctor from Cumberland Law School. As a practicing attorney, Meg was active in and an officer of the Volunteer Lawyers’ Program of Mobile, receiving various honors and awards while assisting younger attorneys and persons in need. Meg is survived by her parents, a brother, one nephew, several aunts and uncles, and numerous cousins.
DIED:   LOUISE ELLIS OSWALT , mother of MBA member GUY OSWALT, III died in Mobile on September 25, 2018. She was a native of Mobile and a member of Life Church and the Government Street Presbyterian Church. She traveled around the world on mission trips to Siberia, the Ukraine, Africa and Bangladesh. She is survived by her husband of 48 years, two children, and four grandchildren.
DIED: YVONNE ROSS , stepmother of MBA member JAY ROSS died at her home in Mobile on October 3, 2018. She was a longtime resident of Mobile and member of St. Paul’s Episcopal Church. She taught many students over the years at Murphy and Davidson High Schools. She is survived by two sisters, two stepchildren, four grandchildren and one great-grandchild.
MBA member TYLER COX serves in the Alabama Air National Guard. Tyler is currently serving a year tour with the US Air Forces’ Officer Training School at Maxwell AFB and plans to return to his private practice in Mobile after his tour ends.
After attending the US Air Force Academy, graduating in 1966, MBA member JACK JANECKY went to pilot training and then flew KC-135 Tankers in support of the Vietnam War for several years. After separation from active duty, he served as a liaison office to the Academy for a number of years. See Jack, pictured at right:
Kate Browning DeKeyser, President
The YOUNG LAWYERS would like to thank everyone who was able to join them for a great October meeting and CLE hosted by ANDY CITRIN INJURY LAWYERS at FIVE RIVERS DELTA RESOURCE CENTER . Everyone had a wonderful time and we appreciate the support of Andy Citrin Injury Lawyers very much.
The YOUNG LAWYERS would also like to thank all of the firms that supported our Funfest event for the children of St. Mary's Home. Our generous sponsors are: CARR ALLISON, TOBIAS MCCORMICK and COMER, BURR FORMAN, CUNNINGHAM BOUNDS, MCDOWELL KNIGHT, HAND ARENDALL, BRASWELL MURPHY, ARMBRECHT JACKSON, and THE BOLLER FIRM. The kids at St. Mary's Home had a wonderful day and were very appreciate of our efforts.
The November meeting will be hosted by HAND ARENDALL on Thursday, November 15th, at EUGENE'S MONKEY BAR from 5:30 - 7:30. Eugene's Monkey Bar is located at 15 North Conception Street. We look forward to seeing everyone on November 15th! 
If you are not on the YOUNG LAWYERS e-mail list and would like to be, or if you have any questions, concerns, or comments, please e-mail me ( ), Vice-President, Weathers Bolt , ( ) or treasurer, Catherine Spann ( ).
Mobile Association of Legal Administrators
A 60 Minute Ethics Program:
“Biased? Me? --The Biology and Psychology of Decision-making, and How Lawyers Can Recognize and Improve Interpersonal Skills.”
So much of the practice of law involves decision-making, and convincing others to make better decisions based upon fact rather than emotion. This session is intended to guide lawyers to appreciate how they involuntarily make decision and guide them to recognize and prevent bias, and to know how to effectively communicate with persons whose bias affects others. “Biased? Me? – The Biology and Psychology of Decision Making…” addresses the challenges of decision making and communicating to others, including clients, judges and staff. The presenter uses substantive data in an amusing manner to educate.
Speaker: Claude Decloux, J.D.,
Director of Education, Ethics and State Compliance – LawPay, and speaker focusing on ethics law
One Hour Ethics MCLE
(Certificates for out-of-state CLE credit will be provided)
Wednesday, November 7, 201
12 Noon
Admiral Hotel
Room: Ballroom A, Second Floor
 251 Government St., Mobile AL 36602
COST: Including lunch - $50
Registration after November 2, 2018 - $75
Sponsored By:
In conjunction with the Mobile Bar Association
To register for Biased? Me? – The Biology and Psychology of Decision Making…” please complete the registration form and send check or charge information to:
ALA Mobile Chapter 
P. O. Box 123
Mobile, AL 36601
“Equal justice under law is not merely a caption on the facade of the Supreme Court building; it is perhaps the most inspiring ideal of our society. It is one of the ends for which our entire legal system exists. It is fundamental that justice should be the same, in substance and availability, without regard to economic status.”   - Justice Lewis Powell, Jr.

Providing pro bono assistance to people in need is a long-standing tradition for members of the Mobile Bar Association (MBA). While this past October marked the 10th anniversary of the ABA’s national “Pro Bono Celebration,” the anniversary also allowed the South Alabama Volunteer Lawyers Program to reflect on the MBA’s enduring culture of service. SAVLP got its start more than thirty years ago when Mobile attorneys organized a program to provide free legal representation to low-income Mobile County clients. The program grew with MBA support, becoming the stand-alone 501(c)(3) MBA VLP, and then the SAVLP. The volunteer panel has grown from 34 attorneys in 1987 to more than 800 today. SAVLP lawyers donate hundreds of thousands of dollars in legal services to low-income clients each year and take cases in housing, probate, consumer, contract, family law, and more. They make a difference in countless clients’ lives. SAVLP thanks all the lawyers past and present who have supported the program the MBA launched decades ago. Your commitment is inspiring.
This month attorneys showed their spirit of service at two annual SAVLP events: the AUGUSTA EVANS PRO SE GUARDIANSHIP CLINIC and the SAVLP CLE . At Augusta Evans, ANNETTE CARWIE, WALTER GEWIN, RUSSELL JOHNSON, BARNEY MARCH, and BRENDA PIERCE provided advice and assistance as parents of adult special needs children filled out expedited guardianship petitions. GINGER BEDSOLE , JUDICIAL DIVISION CHIEF OF PROBATE COURT , spoke to parents attending the school’s Fall Parenting Day about guardianship proceedings and Probate Court procedures. PROBATE COURT TEAM LEADER, BRYAN STINE , participated, as did GIL LADEN , who spoke about social security disability matters. Thanks to all of you.
SAVLP’s annual free CLE was held on October 19 th . Thank you to the MBA, our 40 attendees, CLE CHAIR RUSSELL BERGSTROM , and our speakers, FARAH MAJID, MEEGAN COLCLOUGH, and JUDSON CRUMP . Attendees learned the basics of landlord/tenant law, estate documents, and consumer law issues. 
Attorneys who volunteered at a clinic in October:
Pictured L-R attorneys Walter Gewin, Russ Johnson, and Barney March at the Augusta Evans School Pro Se Guardianship Clinic.
This month we said goodbye to our dear friend and colleague, MEG DEMERANVILLE . Meg was a bright light. As a long-time board member and SAVLP volunteer, Meg shared all of herself to better our community by helping those in most need. She accepted case after case and gave hour after hour of her time. Just last month, Meg was featured in our bar article for her service at a WILLS FOR HEROES clinic. She was asked to help out last minute, showed up with a smile, and had convinced half of the other attorneys present that they too should look into the patent bar. Meg will be greatly missed by all of us at SAVLP, not only for her professional skills, but also for her quick wit and kind smile.
*Meg is pictured receiving the 2012 SAVLP Young Attorney of the Year.
DOWNTOWN OFFICE SPACE AVAILABLE:  209 N. Joachim Street in historic DeTonti Square. Available: one large office. Within walking distance of federal courts. Amenities: Receptionist, VOIP telephone, internet, WIFI, email, fax machine, large color copier/scanner, onsite parking, lobby, conference room and kitchen. Contact MARY MIDDLETON ( ) or EVANS CROWE ( ) at 431 6011.

Local attorney DENNIS J. KNIZLEY has been named the CRIMINAL JUSTICE ACT (CJA) ATTORNEY OF THE YEAR FOR 2018 . The announcement was made at a luncheon held on October 5, 2018, at the Battle House Hotel in downtown Mobile. The award is given by the U.S. District Court for the Southern District of Alabama and is designed to recognize an attorney on the Court’s CJA panel of attorneys who has provided outstanding legal representation to indigent federal criminal defendants and has consistently demonstrated the high ideals of professionalism and excellence expected of panel attorneys. Mr. Knizley, who has practiced law in Mobile for nearly forty years, was commended for his distinguished service on the panel. 
In Ex parte Integra Lifesciences Corp. , No. 1170692 (Ala., August 24, 2018), the Supreme Court granted a writ of mandamus requiring dismissal of the plaintiffs’ AEMLD claims alleging that a defective medical devise was implanted because the plaintiffs had sufficient information from which due diligence would have revealed the identities of the proper defendants who had been sued as fictitious parties, thus precluding relation back. However, because the plaintiffs’ breach of warranty claim was subject to a four-year, rather than two-year, statute of limitations, the amended complaint did not have to relate back because it had added the proper defendants within the four-year period.
Similarly, in Ex parte American Sweeping, Inc. , No. 1170461 (Ala., August 31, 2018), the Supreme Court held that where the evidence failed to demonstrate that the plaintiffs had exercised due diligence in identifying the proper name of a fictitious defendant, a later amendment, filed after the statute of limitations had expired, would not relate back.
In a case of first impression, the Supreme Court in Ex parte Byner, No. 1170397 (Ala., August 17, 2018), held that the crime of robbery was necessarily a crime that involved “dishonesty” and that conviction of such a crime would be automatically admissible for impeachment purposes under Rule 609(a)(2) of the Alabama Rules of Evidence. Accordingly, a criminal defendant’s counsel’s failure to object to the admission of the defendant’s prior convictions for robbery was not ineffective assistance of counsel.
Overruling the Court’s prior decision in Hanner v. Metro Bank & Protective Life Insurance Co. , 952 So.2d 1056 (Ala. 2006), the Supreme Court ruled in Nettles v. Rumberger, Kirk & Caldwell, P.C. , No. 1170162 (Ala., August 31, 2018), that when a final judgment has been entered in a case, notwithstanding that this case was consolidated with another case in which a final judgment had not been entered, the final judgment was appealable as of right. In effect, the Court affirmed the notion that two consolidated cases retain their independent character for various purposes. The Court also held that the case in which the appeal was taken was an impermissible duplicate action barred under Ala. Code § 6-5-440 because it substantively duplicated a third-party complaint that had been filed in the other action.
Overruling Ex parte Carter , 395 So. 2d 65 (Ala. 1980), the Supreme Court in Portersville Bay Oyster Co. v. Blankenship, No. 1161101 (Ala., August 29, 2018), held that the lessee of oyster rights in Portersville Bay validly stated an inverse condemnation claim against the State based on the construction of a breakwater and marsh, which allegedly killed oysters through a siltation process.
Thanksgiving. Giving Thanks. Being Thankful. Mirriam-Webster defines thankful as being conscious of benefit received. Similar terms used to express being thankful are blissful, glad, happy, joyful, pleased, delighted, and on and on. No matter which term you use to define being thankful during the month of Thanksgiving, take a moment and truly count your blessings.
The MBA WOMEN LAWYERS held its eighth annual networking event on October 23, 2018. The event was well attended and among the attendees were judges, lawyers, doctors, real estate agents, CPAs, and representatives from a myriad of other professions. This year’s beneficiary is OUR SISTERS’ CLOSET . Formed in 1998 by TERRI KEARNS , OUR SISTERS’ CLOSET has provided services for over 5,000 local residents, including men, women, and teens.  The mission of OUR SISTERS' CLOSET is to increase the self-confidence and job opportunities of disadvantaged women who are job seeking by providing free interview and workplace clothing, and job search support and career advancement training to women, men and teens.
A special thanks to Regions Bank for providing the venue for the event and support services. Other generous sponsors are Cunningham Bounds, Clarity Health, Burr Forman, Prichard Dewberry & Hodges, Stone Crosby, Conrad Barlar & McCulloch, Armbrecht Jackson, Davis & Fields, Johnstone Adams, McDowell Knight, Taylor Martino, P.C., Shane A. Taylor & Associates, Briskman & Binion, Phelps Dunbar, and Hand Arendall. Thank you to all of the sponsors without whom the success of this event would not be possible.
Mark your calendars now for the Annual Bench and Bar Conference on December 7-8, 2018 at the Grand Hotel. The MBA Women Lawyers host a fun and informative seminar during the morning on December 7, 2018. The Bench and Bar has an agenda that is interesting, enjoyable, and provides an opportunity to meet lawyers with whom you may not routinely interact. MAKE PLANS NOW TO ATTEND.
Happy Thanksgiving!
Please Give:

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__ I want to make a donation to the Mobile Bar Foundation:
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Mail to: Mobile Bar Foundation, P.O. Drawer 2005, Mobile, AL 36652
 A Donation has been made to the Mobile Bar Foundation
By: Mr. and Mrs. Caine O'Rear, III
Friday, November 2, 2018
The Admiral Hotel, Mobile, AL
8:00 am – 5:00 pm (lunch included)
8.0 MCLE Hours Credits (including 1.0 Ethics Credit)
Registration Fee: MBA Members $200 all day or $25 per hour
Non-MBA Members $225 all day or $35 per hour - Add $25 for same day registration

Friday, November 16, 2018
The Admiral Hotel, Mobile, AL
1:30 – 4:45 pm
3.0 MCLE Hours Credits, including 1.0 Ethics Credit
Registration Fee: $75 MBA Members, $100 Non-MBA Members - Add $25 for same day registration
Friday, December 7, 2018
Marriott’s Grand Hotel, Point Clear, AL
Women Lawyers Conclave
1.0 hr MCLE credit
10:00 – 11:00 a.m.
Young Lawyers/Judges Luncheon Mixer
1.0 hr MCLE credit
11:00 am – 12:30 pm
Bench and Bar Conference
5.0 hrs MCLE credits (including 1.0 ethics credit)
12:30 – 5:30 pm
Cocktail Party to follow - Watch email for more details
Friday, December 14, 2018
The Admiral Hotel, Mobile, AL
1:30 – 4:45 pm
3.0 MCLE Hours Credits (including 1.0 Ethics Credit)
Pre-Registration Fee: $25 PER HOUR MBA Members, $35 PER HOUR Non-MBA Members - Add $25 for same day registration
MBA Executive Committee Meeting,
12 o’clock noon, Athelstan Club
November Monthly Luncheon Meeting, Admiral Hotel
MBA Grievance Committee Meeting,
12 o’clock noon, Athelstan Club
Mobile Bar Association | 251-433-9790 |