Volume XLVII Issue 10 - October 2018
In This Issue...
Browsing With Barbara . . .. .page 2
Lawyers In The News . . .. . .page 3
Continuing Legal Education. ..page 9
Jean M. Powers, President
Mobile Bar Association
President - JEAN M. POWERS
President Elect - MARK A. NEWELL
Vice President -
Assistant Treasurer - CHARLES E. “CHIP” TAIT
Executive Director - BARBARA C. RHODES
BARBARA RHODES, EXECUTIVE DIRECTOR OF THE MOBILE BAR ASSOCIATION for thirty-eight years, is retiring. While her retirement is richly deserved, we hate to see her leave. When Barbara hired on with the MBA in 1980, we had about 450 members in our Association. Today, we boast almost 1,300 members. 
Membership is only one aspect of our growth with Barbara at the helm. When she joined the MBA, the office was in the process of relocating from a room at the Hamilton Butler firm to its current location in the LeVert House nestled between two downtown courthouses. Before this move, all MBA records were maintained by individual MBA officers and passed on to each new administration. 
For almost forty years, Barbara has been the calm, quiet, behind-the-scenes voice that makes the MBA function so well. We were all saddened when she announced her impending retirement but grateful when she agreed to stay until the end of October to help with the transition. Barbara is moving to Chattanooga, Tennessee to be close to her only child, DEBORAH VOLLBERG , and her three grandchildren. Please mark your calendars for the evening of October 25, 2018, and join us at Barbara’s retirement reception to celebrate her many contributions to the MBA. Former MBA President KATHY MILLER has graciously agreed to chair the Celebration Committee. Many others are working in less visible roles to make our farewell to Barbara memorable. I cannot say more now lest I spoil the surprise. We look forward to seeing you there!
We modeled the hiring process for a new ED on that recently used by the Alabama State Bar and the Birmingham Bar Association to replace top-level leaders. As President of the MBA, I named a Search Committee:  MARK NEWELL, MBA President Elect; SKIP FINKBOHNER, MBA VP; SHERRI THOMAS, President of the Vernon Z. Crawford Bar Association; BRENDA PIERCE, MBA member; KRISSY MCCULLOCH, President of Mobile Women Lawyers; JAMES BRANDYBURG, MBA member; BRIAN MURPHY, MBA EC member at large ; and me. We designed a search with the organizational assistance of a search firm, WARREN AVERETT WORKPLACE . We advertised the job opening through an email blast to our members, the MBA website, an Alabama State Bar email blast, ASB website, nonprofit job posting sites, over twenty job or trade websites, and a host of legal or business outlets. Our applicant pool of twenty-one was described as “very strong” by the Warren Averett team – and they should know. Two applicants were from out of state but most were from the Mobile-Baldwin County area. The applicants were a blend of legal professionals (including two lawyers), nonprofit managers, mangers of professional organizations, and business administrators. The Search Committee conducted seven initial interviews, which were about an hour in length. (All seven had to be unscheduled and rescheduled thanks to Hurricane Gordon.) The Committee then held four, shorter, follow-up interviews. Ultimately, the Search Committee made a unanimous recommendation to the Executive Committee that was unanimously accepted. 
The MBA’S NEW EXECUTIVE DIRECTOR is ANN SIRMON . Ann is currently employed with the District Attorney’s Office as Youth and Family Services Director. She comes to us with over twenty years of hands-on experience in association management. Ann also has extensive experience working with nonprofits, and in public relations, fundraising, volunteer development and community outreach. On behalf of the Mobile Bar Association, please join me in welcoming Ann as our new Executive Director!
Well, this will be my final article for the MBA MONTHLY BULLETIN! I must be honest and tell you this has not been the most enjoyable part of this job, with the exception of working with J. ED THORNTON
and FERRELL ANDERS , the only two editors during these years! When I signed on with the MBA it really did not sink in that I would have to write an article for the monthly publication EVERY month nor that I would have to do the “books” (the old fashioned way – posting by hand in a ledger too heavy to pick up). All in all, however, it has been a “sweet ride”. 
There are so many aspects to this job that it would take this entire publication to list them – most of all I have enjoyed meeting and getting to know each and every one of you. It is fitting that the list of new ASB admittees has just been posted which will add a new list of “baby lawyers” to my resume’. I shall miss getting to watch them grow into “real lawyers”.
I will most certainly miss Tammy and our day-to-day activities – she came to work with me part time when she was still in high school and I have watched her grow into a fine young woman, wife and mother and I consider her three children my “ grands”! She is a whiz with the technology and has been with me every step of the way for the last thirty years. She has and will continue to be a real asset to the Bar.
I believe it was my second or third year with the MBA when the Executive Committee sent me to an ABA meeting in New Orleans. The only thing I remember about the meeting is that one of the speakers told the small-bar group that I was a part of.. “it is not your bar association and they are not your lawyers”! Well, I took real exception to that because I was already beginning to feel very personal about this Bar and its members and have said and consider it to be the truth that “it is my Bar and you are my lawyers”!
On a personal note, I am moving to Chattanooga, TN to be close to my only child, Deborah, and the three “grands” - Caroline (third year optometry student at UAB), Adam (second year medical student in California) and Josh (2 nd year university student in Chattanooga) – the two oldest only come home when someone pays their way and the youngest still lives at home – so I will be able to interact with them to some extent (gone are the days of snuggling in the rocker with one of them)! The door to my new home will always be open and I hope if any of you visit Chattanooga you will take a moment to at least give me a call.
Thanks to each and every one of you for helping to make my time here such a joy. I have truly looked forward to coming to work each day and that is because of YOU! I pray the Lord will take care of you and bring you prosperity and happiness.

           I leave you with one last gem of wisdom… I used to be indecisive. Now I’m not so sure.
                        Barbara C. Rhodes
by: Ferrell S. Anders, Editor
This is my love note and thank you note to Barbara Rhodes . I thought for many years that I was the only one she called “sugah”, but learned later that she loves all of the members of the MBA and cares about their wellbeing, both professionally and personally.
It has been an absolute pleasure to work with Barbara, especially in the publication of the monthly Mobile Bar Bulletin for over twenty five years. I appreciate her service to our organization and wish her every happiness as she retires to Chattanooga to be with her family (especially those grand ones). 
                                                         ALL THE BEST BARBARA,
This month’s program will be
Friday, October 19, 2018 - 11:45 am at the Admiral Hotel
Featuring Michael E. Upchurch, Esquire
 Frazer, Greene, Upchurch & Baker, L.L.C.
  “Lawyer Advertising and the Alabama State Bar”  
BORN: MBA member CATHERINE SIMON SPANN and husband JODY SPANN welcomed their first child, VIRGINIA LOUISE “LULU” SPANN , on June 2, 2018. Lulu is the granddaughter of Baldwin County Bar Association member David Simon .

DIED: MAVIS BANKS , mother of retired CIRCUIT JUDGE DON BANKS , died on August 23, 2018. She was a longtime resident of Mobile and worked as a nurse for many years at Mobile Infirmary. She was a member of Dauphin Way Baptist Church. She is survived by three children, a sister, seven grandchildren, 11 great-grandchildren and two great-great grandchildren.
DIED: JOHN MARSHALL MORRISSETTE, JR. , father of MBA member HENRY MORRISSETTE, father-in-law of MBA member PRESTON BOLT, and grandfather of MBA member WEATHERS BOLT, died on September 5, 2018. He was a native of Mobile, and a born salesman who spent 41 years with Waller Brothers Office Supply, retiring as Chairman of the Board. He was an eternal optimist, choosing to see the best in everyone and everything. John was a long time member and served as an Elder of Springhill Presbyterian Church, a past President of the Rotary Club of Mobile and a Paul Harris Fellow. John loved Mardi Gras and was a member of several mystic societies. He had a lifetime love of the water, boats, and spending days hanging out with his friends at the marina. He is survived by his wife of 63 years; four children; ten grandchildren; and one great-grandchild.
DIED: WILLIAM MCNAIR , father of MBA member MICHAEL MCNAIR, died recently. He is survived by his wife, his son, and three grandchildren.
DIED: Cecil Grace Easley Dennis (Sissie) of Mobile, grandmother of MBA members JOSEPH DENNIS AND DANIEL DENNIS, died on September 16, 2018, at the age of 93. She graduated from Murphy High School in 1942, worked at International Paper Company, and co-owned her husband Dan’s drug store. A lifelong champion of hard work, frugality, and perseverance, Sissie taught her family these values at every opportunity. She is survived by her husband, two children, seven grandchildren, five great-grandchildren and two step-great-grandchildren.
DIED:  Friend of the MBA LINDA HADLEY SPENCER died on August 28, 2018. She was a legal secretary for 59 years assisting Robert Edington and Robert Denniston. She was a member of Christ United Methodist Church and is survived by her husband, two daughters, four grandchildren and three great-grandchildren.
ELECTED:    MBA member PATRICK DUNGAN was elected President of the University of Alabama National Alumni Association. He graduated from USA’s College of Arts and Sciences in 2006 and received a J.D. from the University of South Carolina School of Law in 2011. He is an attorney with Adams and Reese, LLP in Mobile. Dungan is also co-owner of AFC Mobile, Mobile's semi-pro men's soccer team. He and his wife, Laurie, also a South alumna, have two children, Jonas and Rowan.
If you have not recently been recognized in our November salute to Veterans, please make yourself known! Contact Sandy Robinson ( sgr@cabaniss.com ) or Kristy Dugan ( kwd@frazergreene.com ) to give us information on your service to our country!
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
Happy Fall! Yes, even though the temperatures are soaring in the 90s as this month’s Bar Bulletin goes to print, it is officially Fall. With Fall comes football, thoughts about cooler weather, and the holidays. With our hectic schedules, it is easy to get so caught up in making future plans that we forget to take a deep breath and just enjoy the moment. I challenge you to stop, look, and listen to what is going on around you at any given time and just fully experience it. Although it does takes practice, it does not take long before fully experiencing the moment becomes habit. Try it!
The MBA Women Lawyers provide numerous opportunities to socialize with old friends, make new ones, network with other women lawyers, and have fun doing all of the above! Mark your calendars now for Tuesday, October 23, 2018. The Eighth Annual Networking Event will be held in the Pharr Room at the RSA Tower starting at 5 p.m. The charge is $20.00 per person and all net proceeds benefit Our Sister’s Closet. Please rsvp to marykristengalanos@gmail.com.
This year, make plans to bring another female lawyer with you to this event. They do not have to be members of the MBA Women Lawyers to attend. We look forward to seeing you!
Kate Browning DeKeyser, President
The  YOUNG LAWYERS  would like to thank everyone who was able to join them for a wonderful September meeting hosted by  CUNNINGHAM BOUNDS  at Ruth's Chris Steakhouse. Everyone had a great time and we appreciate the support of Cunningham Bounds very much.
ANDY CITRIN INJURY LAWYERS  will be hosting a CLE and Young Lawyers Party on October 18 at  FIVE RIVERS DELTA RESOURCE CENTER . The location and times are:
Five Rivers Delta Resource Center
30945 Five Rivers Boulevard
Spanish Fort, AL 36527
Registration : 12:00pm – 12:50pm
CLE : 1:00pm – 5:15pm
Young Lawyers Party : 5:30pm – 10:00pm
We look forward to seeing everyone on the 18th!
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 ( KMB@rebpc.net ), Vice-President, Weathers Bolt , ( wbolt@starneslaw.com ) or treasurer, Catherine Spann ( CSpann@handarendall.com ).

Steve Nicholas was recently elected President of the Alabama Association for Justice (ALAJ) . ALAJ members are plaintiffs’ attorneys who represent consumers and businesses. The mission of ALAJ is “to preserve and protect the constitutional right to a trial by jury guaranteed by the Seventh Amendment to the United States Constitution by ensuring that every person or business harmed or injured by the misconduct or negligence of others can hold wrongdoers accountable in the one room where everyone is equal – the courtroom.”
National Celebration of Pro Bono 10 th Anniversary
2018 marks the 10 th anniversary of the ABA Standing Committee on Pro Bono and Public Service's (The Committee) National Celebration of Pro Bono. The Committee launched “Celebrate Pro Bono” because of the increasing need for pro bono services during harsh economic times and the unprecedented response of attorneys to meet the demand. Every October since 2009, legal organizations across the country have participated in this event. Thanks to the Mobile Bar Association, the Mobile area attorneys who have participated in Celebrate Pro Bono events over the last 10 years and all who have taken (and continue to take) pro bono cases throughout the year. Your clients, your community, and SAVLP appreciate all that you do.
Celebrate Pro Bono Events:
  • October 11th – Limited Legal Advice Clinic – Mobile County Courthouse (1-3 pm)
  • October 15th – Augusta Evans School Guardianship Clinic (9:15 am- noon)
  • October 19th – SAVLP CLE free to all volunteer attorneys (1:30- 4:45 pm)
  • Estate Document Basics- Meegan B. Colclough, Esq.
  • Housing Habitability Basics- Farah A. Majid, Esq.
  • Consumer Law Basics- Judson E. Crump, Esq.
  • October 19th – Join us during the CLE break (approximately 3:30) for a piece of cake as we celebrate the 10th Anniversary of Pro Bono Month!
SAVLP Survey
SAVLP will be emailing a survey to all panel attorneys the first week of December. Please plan to take a few minutes to respond. Your opinion will help us plan for 2019!
Not on our volunteer attorney panel? Registration information is available on our website: www.savlp.org/register

 The SEPTEMBER WILLS FOR HEROES CLINICS were a huge success due to our volunteer attorneys!
Judge Sonja F. Bivins, Courtroom 4A
Friday, November 30, 2018 at 11:00 a.m.
U.S. District Courthouse
155 St. Joseph Street
Mobile, AL 36602
If anyone knows the whereabouts of the Last Will and Testament of Cornelius Wayne Woods who passed away earlier this year please contact Casey Pipes at 251-432-5521 or jcp@helmsinglaw.com .

DOWNTOWN OFFICE SPACE FOR LEASE:  Beautiful, spacious office in an historic home in the beautiful DeTonti Square neighborhood. Plentiful onsite parking, available conference room, waiting area, kitchenette, plus optional space for staff. Receptionist onsite. Internet provided. A block from the Federal and Bankruptcy Courthouses. Perfect for a Solo, or out of town firm desiring Mobile presence. 205 N. Conception St.  Contact HENRY BREWSTER at 251-338-0630 or hbrewster@brewsterlaw.net

DOWNTOWN OFFICE SPACE AVAILABLE: 209 N. Joachim Street in historic DeTonti Square. Within walking distance of federal courts. Amenities: VOIP telephone, internet, WIFI, email, fax machine, large color copier/scanner, onsite parking, lobby, conference room and kitchen. Contact EVANS CROWE at 431 6011 or crowe@evanscrowe.com .

DOWNTOWN OFFICE SPACE AVAILABLE : The Commerce Building, 118 N. Royal Street, Suite 804. One large office available to share space and expenses with 2 other well-established lawyers. On-site parking, conference room, law library, waiting area, secretary, internet, WiFi, color copier/scanner, fax machine, close to courthouses. If interested contact Michael Holberg at 432-8863 or  mholberg@micro-comm.com .

THE BALDWIN COUNTY DISTRICT ATTORNEY’S OFFICE is accepting resumes and applications for Assistant District Attorney positions, recent graduates up to 5 year’ s experience. For more information contact CHIEF ASSISTANT DA TERESA HEINZ .

The Mobile Bar Foundation is taking grant requests through the end of October.
In a case of apparent first impression, the Court of Civil Appeals in Lawler and Cole CPAs, LLC v. Cole ., No. 2170162 (Ala. Civ. App., July 13, 2018), held that because the killing of an accounting firm’s employee was motivated by the animus that her former client had for her for allegedly causing his tax problems, the employee’s murder by the former client was an injury or death resulting from employment and, thus, was compensable.
In another case of first impression, the Supreme Court in Harbin v. Estess , No. 1170209 (Ala., July 27, 2018), held that a claim by an alleged surviving spouse for an omitted spouse share of the estate was not a claim that had to be filed as a creditor’s claim against the estate pursuant to Ala. Code § 35-2-350.
In Ankor Energy, LLC v. Kelly , Case No. 1151269 (Ala., August 24, 2018), the Alabama Supreme Court ruled that a purported “affidavit” obtained from a juror could not be considered in support of a motion for new trial based on alleged juror misconduct because it had not been signed under oath and, therefore, was not competent evidence. The plaintiffs claimed that Ankor and its predecessor were draining oil from underneath their property, even though the Oil and Gas Board determined that the plaintiffs’ property should not be included in the production units for the two wells. Following a jury verdict in favor of Ankor, the plaintiffs moved for a new trial, primarily based on this unsworn “affidavit” from a juror to the effect that she had attempted to look up some oil and gas terms on her cell phone one night. After being signed, the term “Affidavit” and a jurat were added even though the juror had never sworn to the contents of the statement. The juror signed subsequent affidavits indicating that her attempted search yielded little information, that what she found did not cause her to change her opinion in Ankor’s favor, and that she had voted for Ankor in light of the weakness in the plaintiffs’ evidence. Notwithstanding these facts, the trial court denied defendants’ motion to strike the unsworn “affidavit” and proceeded to order a new trial. In reversing the trial court and reinstating the jury verdict, the Supreme Court ruled that because the outcome of the case was not affected by the juror’s conduct, a new trial was not appropriate. Moreover, the Court ruled that the unsworn “affidavit” should have been stricken. It was undisputed that the juror was never placed under oath, did not know that the document she was signing would be labeled an “affidavit,” and that the term “affidavit” and the jurat were not on the document when signed. Because the penalties for perjury could not attend to such a statement if false, the Court determined that it was not an “affidavit” and, thus, was inadmissible.
October 20, 2018

The Tri The Gulf triathlon is October 20th ! Help us to stage a fun event that directly benefits a number of charitable and community-oriented organizations in the Mobile-Baldwin area! The best way to sign up as a volunteer and obtain further information is through the TTG web site  www.trithegulf.com

Volunteers will be provided a great-looking TTG volunteer t-shirt and also an invite to the after-the-event party at the Isle Dauphine Club – to be catered by Whole Foods and Wintzells Oyster House!
Friday, October 19, 2018
The Admiral Hotel, Mobile, AL
1:30 – 4:45 pm
3.0 MCLE Hours Credits
Pre-Registration Fee: FREE to SAVLP members, FREE if you sign up to be a SAVLP member.
$75 for Mobile Bar Association Members, $100 Non-MBA Members

Tuesday, October 30, 2018
Regions Bank Conference Room, Mobile, AL
10:30 am – 4:30 pm
5.0 MCLE Hours Credits, including .5 Ethics
Registration Fee: Free to New Lawyers
Friday, November 9, 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
Please Give:

Name: ___________________________________________________________
Address: _________________________________________________________
Phone: _________________________ E-Mail: __________________________
__ I want to make a donation to the Mobile Bar Foundation:
In honor/memory of: __________________________________________
Acknowledgement to: Name ____________________________________
Address: _____________________________________________________
__ I want to become a member of the Mobile Bar Foundation

__ Life member ($5000, can be paid in up to 5 annual installments
__ Sustaining Member ($100 or more annually)
__ Regular Member ($50 - $99 annually)
__ Member of MBA practicing 5 years or less ($25 - $99)
__ I would like information of information on including the Foundation in my estate planning

__ Check enclosed

__ Bill my credit card $ ____________
Visa/Mastercard/Amex # ___________________________________________
Signature: ___________________________________ Exp: ____________________

Mail to: Mobile Bar Foundation, P.O. Drawer 2005, Mobile, AL 36652
St. Mary’s Home

The Battle House
Renaissance Mobile Hotel

12 o’clock noon, Athelstan Club

Athelstan Club

Admiral Hotel
Dauphin Island
MBA Grievance Committee Meeting,
12 o’clock noon,
Athelstan Club
Mobile Bar Association | 251-433-9790 | mobilebarassociation.com