MOBILE BAR ASSOCIATION MONTHLY BULLETIN
Jean M. Powers, President
Mobile Bar Association
Volume XLVII Issue 9 - September 2018

In This Issue...
Browsing With Barbara . . .. . . .page 2
Lawyers In The News . . . . . . . .page 3
Continuing Legal Education . . .page 10

2018 OFFICERS
President
JEAN M. POWERS
President Elect
MARK A. NEWELL
Vice President
GEORGE W. “SKIP” FINKBOHNER, III
Secretary
K. MORGAN HOFFERBER
Treasurer
CHRISTOPHER B. ESTES
Assistant Treasurer
CHARLES E. “CHIP” TAIT
Executive Director
BARBARA C. RHODES
Editor
FERRELL S. ANDERS
President's Message
We all have favorite legal movies! What are yours? Submit a list of your top five (or more) to TAnderson@MobileBarAssociation.com by September 30, 2018. At the October Bar meeting on October 19, 2018, a winning list will be selected at random for a door prize. You must be present to win. On page two are two lists from the “ABA Journal” ranking the top twenty –five, legal movies. The lists were compiled ten years apart, in 2008 and 2018. As you might expect, many movies made both lists. I was surprised at the number of movies of which I had never heard ( “Breaker Morant” ?). Moreover, I take serious issue with any such list that does not rank “To Kill A Mockingbird” in the top five: 2018’s tenth place is just wrong!
Reasonable minds can differ, so I am interested to hear from any of you who can defend the 2008 list’s inclusion of “Chicago;” my reaction to its selection was incredulity. Other glaring errors were the 2008 list’s failure to include “Legally Blonde” and the 2018 list’s omission of “Miracle on 34 th Street.”  A surprising omission from both lists is “Body Heat” (1981), in which the pivotal plot point is based on the Rule Against Perpetuities. If that sounds dull, “Body Heat” stars Kathleen Turner, William Hurt and a steamy, hot Florida summer.
While I disagree with its number one ranking on the 2018 list, “Spotlight” is a solid legal movie based on the true story of investigations into sexual abuse crimes and cover-ups in the Catholic Church. It is tough to watch but worth the effort.  “Michael Clayton,” 2018’s number twenty - five is an engaging and suspenseful movie that many lawyers missed.
Lawyers frequently struggle with legal movies that do not ring true.  “Lincoln Lawyer” (2018’s number five) was an enjoyable watch but I was not buying what Matthew McConaughey was selling.  “Erin Brockovich” made both lists, at numbers nine and eighteen, proving yet again that everyone pulls for the underdog. I was pleased to see that my favorite legal movie also made both lists.  “My Cousin Vinny” always makes me laugh and its tight plot keeps the viewer on her toes! With so many titles on both lists that I have not watched, I will get busy.
PROGRAM
There will not be a Luncheon Meeting this month
The next luncheon will be Friday, October 19, 2018
11:45 am at the Admiral Hotel
LAWYERS AND LEGAL MOVIES
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    THE 32 ND ANNUAL DANNY SHERIDAN LUNCHEON IN AUGUST WAS A RESOUNDING SUCCESS – LOTS OF MBA MEMBERS, LOTS OF DISTINGUISHED VISITORS, LOTS OF LAUGHTER AND GOOD FOOD. ONCE AGAIN DANNY EARNED HIS EXHORBITANT FEE (HA HA) AND I DO BELIEVE A GOOD TIME WAS HAD BY ALL!
   The BENCH & BAR COMMITTEE , JUDGE LANG FLOYD CHAIRMAN , is finalizing plans for the 30 th Conference, December 7, 2018 at Marriott’s Grand Hotel in Point Clear, AL. A panel discussion addressing Legal Advertising and the Courtroom ; THE HON. W. SCOTT DONALDSON will present an Evidence Update ; judge/lawyer panel discussion to cover State/Federal Court Motion Practice and finally, a panel discussion addressing Pet Peeves with both lawyers and judges participating! Take a moment to mark your calendar right now so you don’t miss this great event!
   A woman went to a lawyer and said she wanted a divorce. The lawyer got out his note pad, and proceeded to ask her some questions.
        “Do you have any grounds?” he inquired.
        “Oh, yes,” she replied. “About three-quarters of an acre.”
        The lawyer paused for a moment, then queried, “Do you have a grudge?”
        “No,” the woman answered quickly. “But we do have a lovely carport.”
         Again the lawyer paused and then asked, “Does he beat you up?”
         “No, I get up before he does every morning,” the woman reported.
         Finally the lawyer blurted, “Lady, why do you want to divorce your husband?”
         “It’s because,” she explained, “that man can’t carry on an intelligent conversation.”
                                              --Brent Barlow in Salt Lake City Desert News
BORN:  MBA member JOHN BROWNING and wife Margaret Sue welcomed their second daughter, Katherine Jane Browning, on June 14, 2018. Katherine is the niece of MBA member FRED HELMSING and granddaughter of late MBA member FRED HELMSING, SR.  Congratulations to all, including big sister Margaret!
DIED:  MBA member ALEX LANKFORD died in Mobile on July 28, 2018, at the age of 91. Alex was raised in Gadsden, Alabama, and served in the U. S. Navy after high school. He graduated from Vanderbilt University in 1950, and received his LL.B from the University of Alabama School of Law in 1952. Alex practiced law in Mobile for over 60 years as a maritime attorney at Hand, Arendall. He was President of the Mobile Bar Association in 2000, and was active in many civic and professional organizations, including the Alabama Deep Sea Fishing Rodeo and YMCA Big Brothers and Big Sisters. He was an avid gardener, tennis player, runner and outdoorsman. He was a long time active member of Springhill Presbyterian Church. He is survived by his wife of 66 years; three children (including Mobile lawyer ALEX LANKFORD, IV ); nine grandchildren, and many friends.
DIED:  Retired MBA member WILLIAM H. “BILLY” ARMBRECHT died on July 28, 2018, at the age of 89. He was born in Mobile and, after graduating from Murphy High School, he went on to the University of Alabama, where he graduated with highest honors. He then went on to receive his JD degree from the University of Alabama School of Law. After graduation, he joined the U.S. Army (reserves) JAG Corps. He then followed in the footsteps of his father and grandfather, by joining the firm that his grandfather founded, which is now known as Armbrecht, Jackson, LLP. Billy was a highly regarded business lawyer, who retired in 1996 after practicing for 40 years. He will be remembered for his sharp wit and sense of humor. He is survived by his wife of 67 years, three children, ten grandchildren, and 5 siblings, including MBA member CONNIE ARMBRECHT.  
DIED:  Mary Chitty, mother of Mobile Lawyer WANDA COCHRAN (and mother-in-law of MBA member ARTHUR MADDEN) died on August 6, 2018 at the age of 94. She was trained as a hair dresser and owned the Florida Street Beauty Salon in Mobile until her retirement. She enjoyed bowling, dominoes, fishing, and keeping up with family members. She is survived by two children, four grandchildren, and many other relatives and friends.
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   Labor Day, celebrated this year on September 3, 2018, is fast approaching. “Back in the day” when schools started their new academic years after Labor Day, it meant the end of summer vacation, among other things. Now, when most schools have been in session for 2 or more weeks by Labor Day, although it no longer signals the end of summer, Labor Day continues to pay homage to the American worker. Beginning in the late 1880s, the original intent of Labor Day was to pay tribute to the contributions that workers have made, and continue to make, to our great country . "Labor Day differs in every essential way from the other holidays of the year in any country," said Samuel Gompers, founder and longtime president of the American Federation of Labor. "All other holidays are in a more or less degree connected with conflicts and battles of man's prowess over man, of strife and discord for greed and power, of glories achieved by one nation over another. Labor Day...is devoted to no man, living or dead, to no sect, race, or nation."
    Why the history lesson? It is intended to remind all of us that even though it may seem counter-intuitive to rest on a day entitled “Labor”, it is a day of rest and meant to spend celebrating with our families. But this year, not only celebrate the American workers who built and sustain this great country, but this year also reflect on the fact that we live in the greatest country in the world. Happy Labor Day from the MBAWL!
    It is never too late to join the MBA Women Lawyers and there is no better way to make new friends, network with colleagues, and simply to have fun! Contact me for more information at ruth.lichtenfeld@gmail.com .
Mobile/Baldwin County Focus Session
According to Taze Shepard, Moderator for the State Bar Focus Session in Spanish Fort, there were forty-three attendees, including two judges, two first-year lawyers, two local bar presidents and several bar Commissioners. Our State Bar president, Sam Irby of Fairhope, was very pleased.
YOUNG LAWYERS
Kate Browning DeKeyser, President
The YOUNG LAWYERS would like to thank everyone who was able to join them for a wonderful August meeting at EL PAPI . It was a great venue and a lot of fun.

The September meeting will be hosted by CUNNINGHAM BOUNDS on Thursday, September 20th, at RUTH'S CHRIS STEAKHOUSE . We look forward to seeing everyone on September 20th!

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 ).
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ANNUAL RED MASS CELEBRATION
THE DELANO PALUGHI CHAPTER of the St. Thomas More Society will sponsor the ANNUAL RED MASS CELEBRATION on Friday, October 5, 2018, 12 o’clock noon at the Cathedral of the Immaculate Conception brief reception will be held following the Mass. Your support and attendance will be deeply appreciated. If you have any questions, please contact GREG MCATEE at 251/661-9399.
DIVERSITY & INCLUSION COMMITTEE

During months that the DIVERSITY & INCLUSION COMMITTEE doesn't have anything on the calendar to celebrate, the Committee has decided to incorporate a "Did You Know?" column. This column will address different Diversity & Inclusion tidbits that may be interesting. It is our goal to share facts that may even be unique to our own community. To get everyone in the MBA involved, the Committee wants to encourage our bar members to send any fun facts for consideration into this column. They may send this to the COMMITTEE CHAIR, SUNTREASE WILLIAMS-MAYNARD , at  s.williams08@yahoo.com .
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ANNOUNCEMENTS
Associate Attorney Opening A.V. rated business and defense litigation firm with offices in Mobile, Pensacola, and Biloxi, seeking Associate Attorney for Mobile location. Experience in Civil Litigation preferred but not required. 
Competitive compensation and benefits. Qualified candidates must be Alabama Bar members in good standing; members of both AL and FL Bar preferred. Please submit resume to Norma Bradley (e-mail: nbradley@lchclaw.com  or fax: 251-694-9392).

A Baldwin County business is seeking to contract with an attorney with 5-7 years of significant experience in Alabama real property law. Experience with the review and/or preparation of abstracts of title, title commitments, deeds and related documentation is required. Additional experience in real property transactions is desired. This position offers excellent earning potential ($150,000 or more in the first year) and flexibility. Applicants must be licensed to practice law in Alabama. Interested candidates should send a resume to PO Box 127, Bay Minette, AL 36507. All inquiries will be treated in strict confidence.

D OWNTOWN 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 MBA Public Service Committee is in the process of launching “A Case for Kids: An initiative sponsored by the Mobile Bar Association to provide suitcases to children in foster care.” We are currently in search of a climate controlled space (8x8) in which to store donated luggage awaiting distribution. It would be a huge plus if donors were able to ship directly to the location. If you would be willing to donate this space, please contact Melissa Lindquist King lindquistking@live.com
 
DOWNTOWN OFFICE SPACE AVAILABLE:  209 N. Joachim Street in historic DeTonti Square. Available: one large office, one smaller 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 ( mary@evanscrowe.com ) or EVANS CROWE ( crowe@evanscrowe.com )

Please join to celebrate Stevenson Klotz’s new mobile office. Tuesday, September 18 th from 4pm to 6pm at 205 N. Conceptions St. Refreshments and appetizers will be served.

Rod Cate of Hand Arendall Harrison Sale , LLC has recently self-published a book entitled “Get Back Up” . A memoir on how to not allow a devastating life-changing event ruin your quest for a great life. It is available on Amazon.

POSITION ANNOUNCEMENT:  Senior Assistant City Attorney (Civil Division) Deadline to Apply: September 10, 2018. The City of Mobile’s Legal Department is seeking applications for an experienced attorney for a Senior Assistant City Attorneys (SACA) vacancy to serve in the Civil Division. Minimum Qualifications: Applicants must possess a J.D. degree, be an active member of the bar (Alabama), have at least three years post-JD experience in the legal field. The ideal candidate will be comfortable appearing in both State and Federal Courts. A strong civil litigation background would also be preferred. Candidates should also possess superior leadership skills, outstanding oral and written communication skills, exceptional legal research ability; strong interpersonal skills, fair and sound judgment; dedication; interest in public service; and the organizational ability to handle a large caseload. Salary Range: $90,000 to $100,000. Submit resumes, writing samples and cover letters to Rebecca Barfield at barfield@cityofmobile.org .
 
POSITION ANNOUNCEMENT:  Senior Assistant City Attorney (Criminal Division) Deadline to Apply: September 10, 2018. The City of Mobile’s Legal Department is seeking applications from an experienced litigator for a Senior Assistant City Attorney (SACA) vacancy to serve in the Criminal Division.
Minimum Qualifications: Applicants must possess a J.D. degree, be an active member of the bar (Alabama), have at least three years post-JD experience in the legal field, possess superior leadership and supervisory skills, outstanding oral and written communication skills as well as strong interpersonal skills, exhibit good judgment and function with minimal guidance in a highly demanding environment. Salary Range: $90,000 to $100,000. Submit resumes, writing samples and cover letters to Rebecca Barfield at barfield@cityofmobile.org .
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     In Ex Parte Brookwood Health Services, Inc. , No. 1170054 (Ala., June 22, 2018), the Supreme Court granted a writ of mandamus holding that an added party to an action was due to be dismissed because the amended complaint was not properly served on the party within either the statute of limitations or 120 days after filing of the original complaint.

     In a case of apparent first impression, the Court of Civil Appeals in J.S. v. S.S ., No. 2160806 (Ala. Civ. App., June 29, 2018), held that while the death of a party to a divorce pending an appeal did not cause an abatement of the case (unlike the death of a party prior to a judgment on divorce), nevertheless the death of the party pending appeal rendered moot the obligation of the surviving spouse to pay periodic alimony because, by definition, the obligation to pay periodic alimony ceases upon the death of the other party.

     In a case that one concurring justice indicated should never have been filed, the Supreme Court in G.R.L.C. Trust v. Garrison Decatur Crossings, LLC, No. 1170315 (Ala., June 15, 2018), held that a memorandum of lease recorded pursuant to Ala. Code § 35-4-51.1 without the Exhibit A legal description could be reformed to include the legal description because the evidence substantiated that the absence of the legal description was an inadvertent clerical error and, thus, resulted from a mutual mistake of the parties.

    In a case of first impression, the Court of Civil Appeals in Norfolk Southern Railway Co. v. Williams , No. 2160823 (Ala. Civ. App., June 15, 2018), held that when a general verdict was awarded in an employment liability case in which lost wages were requested, an unspecified portion of the award in favor fo the plaintiff must be assumed to reflect lost wages and that, furthermore, under the Railroad Retirement Tax Act, 26 U.S.C. § 3201, et seq., and in light of these circumstances, all of the award had to be held subject to employment taxes. Accordingly, the Court held that the employer was justified in satisfying the judgment by subtracting from the total amount of the judgment the amount of employment taxes due on the judgment.
NEW MEMBERS
NATHAN L. BURROW
DeLashmet & Marchand, P.C.

DAVID D. ANTHONY
Armbrecht Jackson, LLP

AMANDA D. SUMMERLIN
Taylor Martino, P.C.

JESSICA BRADI-LEE CATLIN
Mobile County D.A.’s Office
 
THOMAS HART BENTON, III
McDowell Knight Roedder & Sledge, L.L.C.
 
DANIEL THORNTON SEAWELL
Austill, Lewis, Pipkin & Maddox, P.C.


JEFFREY BEAVERSTOCK JOINS OTHER BURR & FORMAN
ALUMS IN JUDICIAL APPOINTMENT
Mobile partner, Jeffrey Beaverstock was recently appointed as a U.S. District Judge for the Southern District of Alabama. He was sworn in on Friday, August 3rd by Chief U.S. District Judge Kristi Dubose. Jeffrey joins other Burr & Forman alums who have gone on to become federal judges including Bess Creswell, also from Mobile, appointed just a few months ago as the United States Bankruptcy Judge for the Middle District of Alabama as well as Jason Woodard, appointed as a United States Bankruptcy Judge for the Northern District of Mississippi, and James J. Robinson, appointed as a United States Bankruptcy Judge for the Northern District of Alabama. 
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TRI THE GULF
October 20, 2018
Volunteer Information
 
Organized by the Mobile Bar Foundation, the Tri The Gulf is a “sprint” triathlon held on Dauphin Island, Alabama. A triathlon is a multi-sport competition involving completion of 3 continuous and sequential endurance sports: swimming, bicycling and running. Triathletes compete for the best overall course completion time. 
 
Volunteers are needed for the following:
  • Registration
  • Distribution of water and food at athlete rest points
  • Counting athletes departing and arriving at certain points
  • Assistance with traffic
*****Parents or guardians must sign consent-release forms for minor-aged volunteers*****

Volunteers may wear clothing identifying another organization.
 
All volunteers are provided a t-shirt and are invited to attend the after-the-event party at the Isle Dauphine Club facilities on Dauphin Island for FREE.
 
All volunteers assisting with registration should be at the Isle Dauphine Club no later than 5:30 a.m. All volunteers assisting with the swim, bicycle and run courses should be on Dauphin Island no later than 6:15 a.m. (note that traffic on the Dauphin Island Bridge becomes restricted at 6:30 a.m.)
 
The Mobile Bar Foundation is a 501( c)(3) (charitable) entity. All proceeds of the triathlon benefit charitable and civic endeavors in the Mobile-Southwest Alabama area, such as:
Adoption Rocks!, the Assistance League Mobile, Big Brothers Big Sisters of South Alabama, Boys & Girls Clubs of South Alabama, the Drug Education Council, The Learning Tree, Legal Services of Alabama, the South Alabama Volunteer Lawyer Program, the Re-Entry Assistance Program, and the Mobile Volunteer Guardian Program.
 
Upon request, the Mobile Bar Foundation will provide written confirmation of time expended by volunteers assisting with the triathlon.
 
For more information concerning the triathlon, or to register as a volunteer, please see our web site: www.trithegulf.com or check us out on FaceBook at www.facebook.com/trithegulf . You can also email Andrew Browning, Volunteer Coordinator, at trithegulfvolunteer@gmail.com .
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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
MOBILE BAR FOUNDATION
  A Donation has been made to the Mobile Bar Foundation
 
IN MEMORY OF
ALEX F. LANKFORD, III
By: George W. Finkbohner, Jr.
ALEX F. LANKFORD, III
By: Sam and Ann Crosby
 
ZEBULON “Zeb” M.P. INGE, JR .
By: Sam and Ann Crosby
SEPTEMBER 2018 CALENDAR OF EVENTS
SEPTEMBER 3 MONDAY
HOLIDAY – Labor Day

SEPTEMBER 13 THURSDAY
Inn of Court Meeting
The Battle House
Renaissance Mobile Hotel

SEPTEMBER 13 THURSDAY
MBA Executive
Committee Meeting,
12 o’clock noon, Athelstan Club
SEPTEMBER 17 MONDAY
MBA Worker’s Comp Section
Luncheon Meeting/CLE,
Athelstan Club

SEPTEMBER 27 THURSDAY
MBA Grievance
Committee Meeting,
12 o’clock noon, Athelstan Club

OCTOBER 5 THURSDAY
RED MASS
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2018 CONTINUING LEGAL EDUCATION
 
Friday, September 21, 2018
“FUNDAMENTALS OF TRIAL PRACTICE CLE”
The Admiral Hotel, Mobile, AL
8:00 am – 5:00 pm
8.0 MCLE Hours Credits (including 1.0 Ethics Credit)
Free to all attorneys licensed 8 years or less

Friday, September 28, 2018
“ANNUAL FAMILY LAW STARS ACROSS THE BAY”
The Admiral Hotel, Mobile, AL
8:00 am – 5:00 pm
8.0 MCLE Hours Credits (including 1.0 Ethics Credit)
Registration Fee: $200 MBA Members - $225 Non-MBA Members - Add $25 for same day registration

OCTOBER - DATE TBA
“ANNUAL NEW LAWYER ORIENTATION”
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, October 19, 2108
“ANNUAL SOUTH ALABAMA VOLUNTEER LAWYERS PROGRAM SEMINAR”
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
 
Friday, November 9, 2018
“CLE BY THE HOUR”
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
“INTRODUCTION TO THE BASICS OF COLLABORATIVE PRACTICE”
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
“ANNUAL BENCH AND BAR CONFERENCE”
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)
1:00 – 6:00 pm
Cocktail Party to follow - Watch email for more details
 
Friday, December 14, 2018
“CRIMINAL LAW” BY-THE-HOUR
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
Mobile Bar Association | 251-433-9790 | mobilebarassociation.com