Birmingham Bar Association Bulletin Fall 2025 by Starnes Media

Message from the Executive Director

Happy Fall, everyone! With this issue of the Bulletin, we highlight the popular Spring and Summer events hosted by the Birmingham Bar Association. Enjoy photos from the Annual Picnic, the Skeet Shoot, and other events. We’ve also featured informative articles from your ADR and Business Law Sections, the Fee Dispute Arbitration Committee, the Grievance Committee, and the Membership Committee.

I also want to share some exciting news! The BBA is busy working with MemberCentral to implement a brand new system that will make managing your BBA membership much easier — everything from updating your profiles and renewing your memberships to joining sections and registering for CLEs and events – the new system will greatly improve the services that the BBA is able to provide its members. The goal is to go live with MemberCentral in October 2025, so please watch for updates.

I’m also excited to invite you all to the BBA’s 140th Anniversary Celebration being hosted on September 25 at the Birmingham Botanical Gardens — please register to get your tickets now!

The BBA is here to serve its members, so please share with us any ideas you have to help improve the Bar’s services. Please also send us any stories or news you have so we can continue to highlight our amazing members (you can always call me or email me at jwilson@ birminghambar.org). Finally, please check the Bar calendar often at birminghambar.org/events/event_list.asp to learn of all the upcoming programs and events that we have planned for our members.

Thanks for reading, and I look forward to seeing you soon!

Jim H. Wilson Executive Director

President Robert “Bob” Battle

President-Elect

Rebecca Beers

Secretary-Treasurer Pooja Chawla

Immediate Past President Sharon Stuart

Executive Director Jim H. Wilson

EXECUTIVE COMMITTEE

Stanley Blackmon

Anna Carroll

David Fawal

Sidney Jackson

Katie Kimbrell

Julie McMakin

Virginia Miller

Janine Smith

Jennifer Tombrello Cohn

Laura Winston

Emily McClendon, A.D.R. Section

Andrew Cicero, Bankruptcy/Commercial Law Section

Monica Graveline, Business Law Section

Michelle Spiker, Criminal Justice Section

Adam Plant, Federal Practice Section

Lindsey Eastwood, Probate Section

Gregory Ritchey, Solo/Small Firm Section

Hon. Tanita Cain, Women Lawyers Section

Chris Dorough, Workers’ Compensation Section

Denzel Okinedo, Young Lawyers Section

Richard Rice, Magic City Bar Association

Lisha L. Graham, ASB Commissioner

BIRMINGHAM BAR ASSOCIATION

2001 Park Place North, Suite 430, Birmingham, AL 35203 205-251-8006

birminghambar.org jwilson@birminghambar.org

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Enjoying the Picnic with BBA President Bob Battle.

From the President

Birmingham Bar membership is important for our profession. It helps build camaraderie and civility within our legal community. Through the BBA, our members establish connections within the legal community and expand their professional and personal networks.

That’s why one of my goals this year is to expand our BBA community by providing programs, events, and CLEs that are relevant to the many interests within our Bar. Here are some highlights of the outstanding programs and events we’ve had so far this year and a preview of the exciting things we have planned for the remainder of 2025:

This summer, we officially kicked off our new Member Benefits program, providing BBA members the opportunity to utilize their Bar cards to access exclusive discounts at local restaurants and retailers, including Sol y Luna, Hot & Hot Fish Club, Burning Tree BBQ, and Red or White. We are excited about this new program and are looking forward to adding more partners in the coming months.

In June, more than 400 BBA members attended our Annual Picnic with good friends, food, and plenty of cold drinks. Many thanks to the Entertainment Committee for its tireless work, excellent cooking, and superb hospitality! The Annual Picnic is always the second Friday of June, so please go ahead and mark your calendars for June 12, 2026.

Also in June, we welcomed BBA members and summer associates working at local firms to Presiding Judge French’s Courtroom for Coffee with the Judges, generously hosted by Bradley Arant Boult Cummings, Maynard Nexsen, and Balch & Bingham. Then, we ended the summer with Coffee with the Judges hosted by the Birmingham area federal courts and enjoyed coffee, breakfast, and camaraderie with bankruptcy, magistrate, and district judges from the Northern District of Alabama, our local Eleventh Circuit Court of Appeals judges, and local lawyers of all experience levels.

The BBA was proud to join with the

Birmingham Bar Foundation and the Magic City Bar Association in continuing to support the Birmingham community by partnering with Jefferson County District Attorney Danny Carr’s Helping Families Initiative and sponsoring the annual School Supplies Drive to benefit 2nd grade students in the Birmingham City Schools. The BBA also partnered with Legal Services Alabama, led by Pro Bono Manager Lisa Singer, to facilitate an interactive Poverty Simulation Program for more than 70 lawyers and summer law clerks.

BBA Sections were busy this summer putting on events to connect, entertain, and educate their members. Here are highlights of just a few of the Section events offered this summer:

► The Solo/Small Firm Section, chaired by Greg Ritchey, hosted its annual Cornhole Tournament at Cahaba Brewing and its end-of-summer party at Vestavia Bowl. It also partnered with the Federal Practice Section and Probate Section to present two luncheon CLEs featuring some of our State

and Federal Court judges, including Judge Jameria Moore , retired Judge Carole Smitherman, Judge Staci Cornelius, and retired Judge Scott Coogler

► The Business Section , chaired by Monica Graveline, enjoyed a wine tasting at Finch Fine Wines and co-hosted a networking social at Bradley with the In-house/ Corporate Committee, chaired by Ruby Jackson

► The Probate Section , chaired by Lindsey Eastwood, hosted a Coffee with the Probate Judges, provided in-person GAL training, and celebrated a “Christmas in July” event for Jefferson County Probate Court staff.

► The Criminal Justice Section , chaired by Michelle Spiker, presented a CLE Public Defender panel featuring Federal Public Defender Kevin L. Butler, sponsored Coffee with the Criminal Judges, and hosted a Barons Night at Regions Field.

► The Women Lawyers Section , chaired by Judge Tanita Cain , hosted a memorial reception honoring the late Judy

From left: Adam Plant, Harlan Winn, Peter Burke, and Bob Battle.

Crittenden, one of the section’s founding members, presented a CLE on “Leading in High Heels – Tips on Professional and Personal Growth for Women” CLE featuring Judge Martha Reeves Cook and UA Law Assistant Dean Cassandra Adams, and hosted a “Women and Wellness” day featuring a CLE and a spa day at Ross Bridge.

► The Federal Practice Section, chaired by Adam Plant, sponsored a Barons game social with the federal judges and hosted two “‘Cue and A” small group luncheon CLEs with judges and personnel from the Northern District, including Clerk of Court Greer Lynch and U.S. Magistrate Judges John H. England III and Nick Danella

► In addition to several social and CLE events, the Young Lawyers Section, chaired by Denzel Okinedo , partnered with 10 other young professional organizations to host a ground-breaking new event—“Beyond the Desk: A Networking Happy Hour for Young Professionals in Birmingham” at Up-Down Arcade Bar—drawing more than 300 attendees from diverse professional groups throughout metropolitan Birmingham.

We also have a full slate of great opportunities in store for BBA members this fall:

First, on September 25, the BBA will celebrate its 140th Anniversary at the Birmingham Botanical Gardens with appetizers and cocktails from some of Birmingham’s finest restaurants and live music by Eric Essix. The event is free to BBA members. We will have a short program honoring the BBA’s past Presidents as well as all law firms and organizations that have achieved 100% BBA membership this year. We hope you’ll help us increase BBA membership by ensuring your firm or organization reaches the 100% mark. Please contact Jim Wilson at jwilson@birminghambar.org or Alexis Jackson at ajackson@birminghambar.org for more details.

Also, the BBA Future Leaders Forum will welcome seven BBA members to its 2025 class: Will Hall , Nancy Gracen Klein , Kintisha Matthews , Shelby Morris , Olivia Perdue, Varian Shaw, and Jennifer Townsend. These future leaders of our Bar will enjoy top-notch programming and

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President Bob Battle addressing members at the Coffee with the Federal Judges.

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learn about service opportunities in our Bar and the community, while developing lasting relationships and honing their professional and practice skills.

We will continue to host Coffees with the Judges on September 12, October 10, and November 14—all to be held in Presiding Judge Elisabeth French’s Courtroom. We hope you will join us for these coffees throughout the remainder of the year. They are great opportunities for fellowship, networking, delicious food, and of course door prizes.

I hope you will also join your fellow Bar members at these upcoming events this fall:

► September 4 – The Alabama State Bar is hosting a 50-year member luncheon at Ross Bridge.

► September 11 – Presiding Judge Elisabeth French and Courtney French are hosting a “French Quarters” Social, a reception for members of the BBA’s Young Lawyers Section, BBA Leadership, and state and federal judges from the Birmingham metro area.

► September 16 – The BBA’s Birmingham Connection Committee, chaired by D.G. Pantazis and Leanna Pittard, and

the Court Liaison Committee, chaired by the Honorable Tamara Harris Johnson, John Bolus, and David Fawal, have partnered with the Magic City Bar Association and the Alabama Lawyers Association to host a program at the historic Carver Theatre honoring survivors of the 16th Street Baptist Church bombing. This free event will be open to the public. It will include a panel discussion with Bishop James Lowe and Lisa McNair, to be moderated by Gail Pugh Gratton Greene, and a panel discussion with lawyers who prosecuted and defended the criminal cases arising from the bombing, including former Senator Doug Jones, former Alabama Attorney General Bill Baxley, John Robbins and David Simpson. The panel will be moderated by MCBA President Jonathan F. Austin. These two outstanding panel discussions will be followed by a reception. We look for to this unique opportunity to learn from our City’s history and look forward to its future. CLE credit is available.

► October 16 – The BBA will host its Third Annual Students Today/Lawyers Tomorrow Trial Competition at the Jefferson County Courthouse, where high school students from across the Birmingham City Schools who have been coached, guided, and mentored by local firms and

BBA members will have opportunity to participate in a mock trial competition judged by our local state court judges and held in real courtrooms.

► October 29 – the BBA is hosting a cocktail reception at Galley and Garden for lawyers who have been BBA members for 50 years or more.

► November 12 – the BBA is hosting a luncheon honoring our Birmingham Bar military veterans and active military members, generously hosted by Baker Donelson.

► December 12 – following a limited campaign period, the BBA will vote on its 2026 slate of officers and hold its Annual Meeting Judge French’s courtroom, and we will close the year with our biggest and best Holiday Party, which will be returning to the Holy Trinity + Holy Cross Greek Orthodox Cathedral this year.

These amazing upcoming events are just the tip of the iceberg of what’s to come to close out this year. Please be sure to check the BBA’s calendar for more events and CLE programs led by our sections and committees. I hope you will take advantage of all the opportunities for education and networking that the BBA has to offer this fall. I look forward to seeing you at future BBA events.

Above: Bob Battle and Mallory Morgan.

Left: Rebecca Beers, Bob Battle, and Steve Shaw.

Annual Picnic 2025

The Annual Picnic marked the exciting kickoff to the Summer season, offering a perfect opportunity for friends to reconnect over delicious food, laughter, and festive cheer. A heartfelt thank you to the BBA Entertainment Committee for organizing another spectacular gathering. We invite all members to join in this cherished tradition!

Fun, Competition, and a Cause

The Birmingham Bar Association’s annual Skeet Shoot, hosted by Price Evans, took place on June 13 at the Southern Skeet & Trap Club. Shooters of all experience levels—from first-timers to seasoned pros — came together for a day of friendly competition and connection. Proceeds from the BBA’s Skeet Shoot benefit the Birmingham Bar Foundation, supporting its mission and programs. The event was generously sponsored by Simmons Sporting Goods of Bessemer. Congratulations to Attorney Martin Price for claiming victory once again, and kudos to everyone who participated!

Andrew Salser and his son, Liam.

Hon. Bill Cole, Alan Stabler, and Walt Terry.

Our favorite girl, Molly (Walt Terry’s pup).

Hon. Bill Cole taking aim.

Price Evans, Martin Evans, and Jackson Neal.

This year’s trophies.

Serving the Underserved

The Jefferson County District Court Mediation Program

By HON. MARTHA REEVES COOK and EILEEN HARRIS

On July 19, 2025, the Alabama State Bar presented the 2025 Group Pro Bono Award to the Jefferson County District Court Mediation Program. Originally established in August 2000 and revitalized by Judge Shera C. Grant and Judge Martha Reeves Cook in 2020, this program embodies a powerful truth: Justice should be accessible to all, regardless of legal representation or socio-economic circumstances.

While mediation is often discussed and used in high-profile business disputes, personal injury cases, and complex domestic matters, it is equally — if not more — impactful in smaller, emotionally charged disputes involving unrepresented neighbors, customers, small business owners, and family members. These cases may not attract headlines, but they deeply affect the lives of those involved. The use of mediation in these lower profile, smaller damages cases can provide a meaningful path toward resolution, dignity, and healing for the parties.

Often, unrepresented parties must navigate a legal system which feels foreign and inaccessible. They may not understand courtroom procedures, how to prove damages, or how to separate television portrayals of justice from the realities of

ENDNOTES

civil litigation. As a result, many feel overwhelmed or disempowered before they ever step foot into the courtroom.

The Jefferson County District Court Mediation Program helps bridge this gap by offering pro bono mediation facilitated by trained volunteers. The program ensures that everyone — regardless of legal knowledge or financial resources — has an opportunity to be heard. Mediation allows individuals to share their stories, express their grievances, and work toward a resolution in a confidential setting which prioritizes empathy and understanding over rigid rules and procedure. Although not all cases settle, many participants leave mediation feeling validated, heard, and less emotionally burdened. Even those who proceed to trial often do so with greater clarity and

emotional calm, improving their experience within the court system.

In 2024, volunteer mediators donated more than 100 hours of pro bono service through the program, handling 50 cases with a commendable 52% settlement rate.1

The recognition of the Jefferson County Mediation Program by the Alabama State Bar reaffirms what lawyers already know –when we meet people where they are with patience, professionalism, and a passion for justice, we create a court system which truly serves everyone.

Hon. Martha Reeves Cook is a Jefferson County District Court Judge and Eileen Harris is the Executive Director of the Alabama Center for Dispute Resolution.

1. The program is deeply grateful to its volunteer mediator coordinators, Randy Gibson and Brian Hayes, who have played an integral role in the program’s success.

Randy Gibson, Hon. Martha Reeves Cook, and Brian Hayes.

A word with the Business Law Section

Can outside legal consultation protect against accusations of wrongdoing?

Evolving standards suggest businesses should reassess their use of outside counsel

By DANIEL MARTIN, ESQ.

A business that receives an outside counsel’s legal opinion that it then relies on in good-faith can assert an “adviceof-counsel” defense to combat accusations of intentional wrongdoing, including allegedly criminal conduct. This adviceof-counsel defense has roots in early common law and is driven by the idea that a defendant who acts in good faith reliance on legal advice should not be

Endnotes

liable for wrongdoing. But there is a rub: a business or individual who invokes the advice-of-counsel defense often must waive attorney-client privilege for more than just the isolated piece of advice. Because of the potential downsides of waiving privilege, sometimes it is better not to assert the advice-of-counsel defense even when armed with legal advice that the conduct was allowed. And of course, there are various legitimate reasons why a business may not even seek an outside counsel’s specific opinion about the appropriateness of certain activity (such as a well-founded belief that the conduct is okay).

But what about the common situation where a business accused of wrongdoing has routinely kept outside counsel apprised of its affairs and decision-making but not asked outside counsel to provide a specific opinion about whether the conduct at issue was permissible? Or where the business did receive an opinion

that the conduct was permissible, but asserting advice-of-counsel would be unwise given the waiver of privilege issues mentioned above?

It is logical that having outside counsel heavily involved in the general decision-making and conduct of the business is a helpful defense to accusations of intentional wrongdoing. The general notion behind the defense is that a business intending to engage in bad conduct is unlikely to invite outside counsel to regularly monitor the company’s decision-making process and development of business plans. Though some courts have refused to allow parties to assert an involvement of counsel defense, a recent federal court opinion allowed it and provided a helpful analysis that suggests if a business properly lays the groundwork, and does not seek to overstate the defense to the point of implying adviceof-counsel, then there is a reasonable chance of being able to use and benefit

1 United States v. Weinstein, No. 24-128, 2025 U.S. Dist. LEXIS 22905, at *24-27 (D. N.J. Feb. 9, 2025) (holding that evidence regarding the presence of an attorney was permissible as long as the Defendant did not put “undue focus on the attorney’s presence or otherwise suggest that [he] relied on counsel’s advice) (relying in part on Howard v. SEC, 376 F.3d 1136, 1147 (D.C. Cir. 2004) and SEC v. Present, 2017 U.S. Dist. LEXIS 120351 (D. Mass. Jul. 31, 2017)).

2 This is not to say that outside counsel would necessarily need to review all such underlying communications and documents, just that they have access to them so they can choose to review them when they think it is necessary to do so.

3 See, for example, United States v. Chin, 2025 U.S. Dist. LEXIS 28273, at *3 (D. Mass. Feb. 18, 2025).

from evidence of involvement of counsel.1

Considering the reasoning supporting the viability of an involvement of counsel defense, there arise a few takeaways that businesses should consider.

First, the relative strength of the involvement of counsel defense in a particular case is likely to correlate to the extent of the outside counsel’s actual involvement. Generally speaking, it is reasonable to assume that the more frequently the outside counsel is involved and the more comprehensive and specific information that is given to outside counsel, the more persuasive the “involvement defense” will be. This suggests it is worth evaluating whether certain routine involvement of outside counsel should be adjusted to improve its availability as a defense. For instance, it might be worth increasing the frequency that outside counsel is updated on decision-making with respect to entering into new types of activities and ensuring that outside counsel is given access to the communications and corporate documents that underlie those

decision-making developments.2

Second, if your business would like to have involvement of counsel available as a defense, be aware of conduct that could be used to counter such a defense. As an example, if critical pieces of information about the actions in question are specifically walled off or otherwise unavailable to outside counsel, opposing counsel could argue that the defense is inapplicable, or even that heavily involving counsel in many things while simultaneously keeping that critical information from them shows the business was aware that the actions were inappropriate. As another example, if outside counsel raises questions such as wanting more information and those questions are rejected or simply go unanswered, it could likewise be used to suggest that the company knew certain conduct was a problem and kept it from outside counsel for fear of being told to stop the conduct.

Third, though asserting involvement of counsel does not necessarily result in a privilege waiver like asserting an

advice-of-counsel defense typically does, it is important to note that some courts have taken the position that introducing evidence of involvement of counsel to show a lack of wrongful intent could waive privilege.3

The bottom line is that involvement of counsel is an interesting concept worth discussing with your attorneys to see if it might be advisable to make some adjustments to your routine use of outside counsel in a way that maximizes your chances of being able to use the defense in the future.

2025 SCHOOL SUPPLIES DRIVE

Thank you so much for donating!

Craig Alexander

Averie Armstead

William Athanas

R. Bruce Barze, Jr.

Jennifer Bates

Bob E. Battle

Anderson Blackmon

Caitlyn Burchfield

Robin L. Burrell

Gregory Cade

Jordan Cade

Hon. Tanita Cain

Anna M. Carroll

Steve Casey

Rhonda Chambers

Pooja Chawla

Megan Cheek

Jay Clark

Benjamin Cohn

Kathleen Collier

Criminal Justice Section

Cathy Daniel

Tracy Davis

Charles Denaburg

Angela Denton

Christopher Doty

Ahrian Dudley

John Durward

Jequette Edmonson Noland

Todd Engelhardt

Tamera Erskine

Mark Ezell

Heather Fann

Enique Gimenez

Christine Goldman

Gregory Fann Turner, LLC

Georgia Haggerty

Hon. Madeline Haikala

Thomas Hale

Gigi Hayes

Haynes & Haynes, P.C.

Chris Hamer

Elizabeth Hutchins

Ruby Jackson

Sidney Jackson

Jack Johnson

Hon. Tamara Harris Johnson

Leigh Kaylor

Katie Kimbrell

Allison Krist

Thank you for donating to the School Supplies Drive

Jon E. Lewis

Lightfoot, Franklin & White LLC

Hope Marshall

Beth McElroy

Kevin McKie

Glory McLaughlin

Robert Methvin

Jeffery Miller

Virginia Miller

Texys Morris

Michael Morris

Sylvion Moss

Amy Myers

George Neal

LaBrenda Norman

Lana A. Olson

Dennis Pantazis

John Parker

Matthew Penfield

Trey Perdue

Leanna Pittard

Zayda Powell

Gabe Quistorff

Jonathan Raulston

Hollie Reed

Greg S. Ritchey

Jim Roberts

Brandy Robertson

Leslie W. Rubio

Lisa Singer

Allison Skinner

Angie Smith

Michelle Spiker

James Terrell

Jennifer Tombrello Cohn

Tyrone Townsend

Abby van Alstyne

Leila Watson

Meade Whitaker

Traci & Greg Wiggins

Laura Winston

Edward K. Wood

Mike Yarbro

Sutton Yeilding

We are grateful to everyone who donated money or supplies to our 2025 School Supplies Drive. If you donated and don't see your name listed, please contact ajackson@birminghambar.org.

Join the BBA’s Social Events!

From networking mixers to leisure-focused gatherings, there’s something for everyone — come find your next favorite event!

Thank you to Judge

Sterling

Stephanie Mays with Maynard Nexsen Summer Clerks.

Sylvion Moss and Greg Kennemer getting serious at the Solo Small Firm Section’s Cornhole Tournament.

BBA Young Lawyers Section held a networking social with some of Birmingham’s best and brightest young professionals.

Hon. UW Clemon, Jon C. Goldfarb, Jay St. Clair, and Stephanie May led an amazing panel after the Lilly Ledbetter Film event. BBA members enjoyed a morning of Coffee with the Judges.

DeRamus and Daniel Johnstone.

Elisabeth French and the Judges of The Tenth Judicial Circuit for allowing the BBA and MCBA to contribute to a lovely reception honoring Justice Bill Lewis.

Congratulations to the BBA’s Women Lawyers Section for winning this year’s Bocce Ball Tournament!

Thank you to the Birmingham Connection Committee and BBA volunteers for sorting canned goods at the Community Foodbank.

Abby van Alsytne at the Community Foodbank.

Immediate Past President Sharon Stuart with Ruby and Sidney Jackson and family.

The BBA held a well attended showing of ‘Lilly’ at Sidewalk Film Center and Cinema.

Jennifer Bates, Monica Graveline, Christi Graham, Kim Giesler, Christian Feldman, and Douglas Kauffman.

Bob Battle, Rebecca Beers, and Sharonda Childs Fancher.

Eric Fancher, Janelle Evans, and Mary Parrish McCraken.

A word with the BBA Committees: Fee Arbitration

A pragmatic process for fee disputes between attorneys and/or between attorneys and their clients

In the event of disputes concerning legal fees, whether between attorneys or between attorneys and their clients, the Birmingham Bar Association offers a structured and confidential arbitration process at no cost. This impartial forum is designed to facilitate fair and efficient resolution of fee-related conflicts, while upholding professional integrity and preserving working relationships. The following outlines the key features and procedures of the Fee Dispute Arbitration Process.

WHAT IS FEE DISPUTE ARBITRATION?

The Birmingham Bar Association's (“BBA”) Fee Dispute Arbitration Committee serves as a neutral third party to resolve disputes regarding the reasonableness of attorney fees between attorneys and/or between attorneys and their clients. This voluntary process allows parties to present their cases before a panel of experienced legal professionals who can render binding decisions on fee-related matters.

The Committee focuses on three key questions: whether a fee agreement exists, whether the attorney performed the agreed-upon services, and whether the fee charged is consistent with the agreement or fair under the circumstances. Importantly, this process is not designed to critique legal strategy or consider disciplinary matters— those issues fall under the Alabama State Bar's jurisdiction.

COMMITTEE JURISDICTION AND ELIGIBILITY

Only disputes that satisfy the following requirements will be eligible for review by the Fee Arbitration Committee:

1. Proper Filing: At least one party must have signed and submitted a suitable

written complaint form to the Executive Director of the BBA.

2. Complete Documentation: All parties must have completed all applicable forms approved by the Committee.

3. Written Consent: All parties must have signed a written consent to arbitration and returned it to the Executive Director.

4. Applicable Jurisdiction: The dispute must have a sufficient nexus with Jefferson County, Alabama and must have arisen between attorneys or between clients and their attorneys.

The Committee will not consider several categories of disputes, and the BBA reserves the right to decline referrals for various reasons. The Committee cannot review cases where a court, appellate court, or federal or state administrative agency has mandatory or discretionary power to fix fees, except upon formal written request from the court or agency. Similarly, the Committee typically excludes undecided matters pending in court or before administrative agencies. However, two exceptions exist: when there is a formal written request from the court or agency or when all parties agree in writing to seek a court order suspending the matter pending arbitration and to file the arbitration award as a final judgment.

The Committee also maintains a minimum threshold, declining to hear disputes involving less than $1,000 in total controversy, including fees, costs, and expenses. Additionally, matters involving pending malpractice claims or lawsuits against the attorney are excluded, as are cases involving pending litigation or arbitration where both client and attorney are named parties. Criminal proceedings arising from

the attorney's conduct also fall outside the Committee's jurisdiction. Furthermore, time limitations apply—disputes cannot be initiated more than two years after the attorney-client relationship terminated or more than two years after final billing was received by the client, whichever is later.

Finally, the BBA reserves broad discretionary authority to exclude any other matter deemed insufficient or inappropriate for arbitration. The Committee also retains the right to suspend or terminate jurisdiction over any dispute after it has been referred if any of these excluding factors subsequently arise.

THE ARBITRATION PROCESS

The arbitration process begins when either party involved in a fee dispute between attorneys and/or between attorneys and their clients initiates the process by completing a dispute form available on the BBA's website. The initiating party must serve a copy on the opposing party, who then has 21 days to respond. Both parties must sign consent forms acknowledging that the arbitration decision will be final and binding with no right of appeal.

The Committee Chair and Co-Chair select a panel of three to five members for each case, including at least one attorney with expertise in the relevant practice area when possible. Panel members undergo conflict checks to ensure impartiality, and the parties are notified once the panel is finalized. The process involves multiple rounds of document submission. Initially, parties must provide fee agreements or engagement letters, invoices and billing records, payment documentation, and relevant correspondence about the dispute. Additional documents may be requested, and pre-hearing submissions including position summaries and witness lists are required 10 days before the hearing.

Hearings are typically scheduled within 120 days of receiving all materials. The process follows a structured format beginning with opening statements from both parties, followed by the client's presentation of evidence and witnesses, then the attorney's presentation of evidence and witnesses,

Chair: Bradley J. Cain, Esq.

Co-chair: Charity M. Davis, Esq.

and concluding with client rebuttal and panel questions and examination. The hearing is conducted under modified Alabama Rules of Civil Procedure and Evidence, with the Panel Chair maintaining control over proceedings. Parties may be represented by counsel, though attorney participation is limited to opening and closing statements.

PANEL AUTHORITY AND REMEDIES

After deliberation, the panel renders a decision by majority vote. Available remedies include monetary awards requiring one party to pay the other, equitable relief such as performance requirements, orders directing third parties to release contested funds, termination of attorney liens and return of client property, and other relief deemed necessary and appropriate by the panel.

BENEFITS OF THE PROCESS

The arbitration process offers several advantages over traditional litigation. Cost-effectiveness represents a primary benefit, as arbitration typically costs significantly less than court proceedings, with no attorney fees recoverable as part of the award except in enforcement actions. The process also provides significant speed advantages, designed for completion within 120 days, much faster than typical court timelines.

The expertise of panel members adds substantial value, as panels include attorneys with relevant practice area experience

who understand the complexities of legal fee structures. Confidentiality protection ensures that all proceedings remain confidential, protecting both parties' privacy and professional reputations. Finally, the binding nature of awards provides closure and finality without the uncertainty of appeals.

IMPORTANT CONSIDERATIONS

Before initiating arbitration, parties should be aware of several important aspects of the process. While participation is voluntary, the process becomes binding once both parties provide their consent, and decisions issued by the Panel are final and not subject to appeal. The Committee and its participants are afforded immunity comparable to judicial immunity. Additionally, the process is designed to encourage settlement discussions at any point during the proceedings.

The parties’ written agreement to submit their dispute to binding arbitration under this process constitutes a legally binding contract under the laws of the State of Alabama. Panel awards carry the force and effect of a judgment and may be enforced in a court of competent jurisdiction, if necessary. If the non-prevailing party fails to comply with the award within the time and manner specified, the prevailing party may seek judicial enforcement. In such an event, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable attorneys’ fees, costs, and expenses incurred in connection with the

enforcement action.

CONCLUSION

The BBA's Fee Dispute Arbitration Process represents a mature, well-structured approach to resolving fee disputes between attorneys and/or between attorneys and their clients. By providing an efficient, confidential, and expert-driven forum, the process serves the interests of both the legal profession and the clients it serves. For parties facing fee disputes between attorneys and/or between attorneys and their clients, this arbitration process offers a practical alternative that can preserve relationships while ensuring fair resolution of financial disagreements. The process reflects the legal profession's commitment to self-regulation and client service while maintaining the high standards expected in professional relationships.

Those interested in using this service can find dispute forms and additional information on the BBA's website at www.birminghambar.org.

This article is based on the Birmingham Bar Association Fee Dispute Arbitration Process effective February 21, 2020. Procedures and requirements may be subject to change. Parties considering arbitration should consult the current version of the process documentation.

Fee Disputes Committee leadership for 2025 includes Chair Bradley J. Cain and Co-Chair Charity M. Davis.

A word with the BBA Committees: Grievance

The Grievance Committee serves as the investigative arm of the Alabama State Bar charged with investigating grievances filed against lawyers. The Committee consists of a Chair (currently Stevan Goozee, Esq.), Co-Chair (currently R. Scott Williams, Esq.) and three “Groups” of lawyers randomly assigned to investigate complaints deemed colorable enough to warrant more than a cursory review by the Office of General Counsel. Each year, the BBA President selects and appoints attorneys to serve staggered three-year terms as investigators. Each group consists of about 13 lawyers.

When a grievance is assigned to the BBA Grievance Committee, the Chair forwards it to one of the Group Chairs to appoint an investigator. That investigator vets the charges by talking to the parties involved, examining documents, interviewing

witnesses, etc., with the goal of finding whether there is “probable cause” that a violation of the Alabama Rules Of Professional Conduct has occurred. At the conclusion, the assigned lawyer reports findings to the Group, which then votes on probable cause as to any allegations. Upon a finding of probable cause, the Group reviews the lawyer’s disciplinary history and makes

recommendations to the BBA Executive Committee. The investigator then reports findings to the Executive Committee, which votes on those findings and recommendations and forwards them to the State Bar for action.

Another role of the Grievance Committee is reviewing petitions for reinstatement filed by lawyers who have been suspended or disbarred. When this happens, the Co-Chair assigns the petition to a panel of three investigators to investigate the request and make recommendations to the State Bar.

As a frequent member of this Committee throughout my nearly 40 years in the BBA, and the current Chair, I can honestly say I am proud and impressed with the diligence, thoroughness and dedication the Grievance Committee embraces in its responsibility to maintain the integrity of our profession.

Affordable, Quality Legal Education

Chair: Stevan Goozee, Esq.

Co-chair: R. Scott Williams, Esq.

A word with the BBA Committees: Membership

The primary focus of the Membership Committee this year is increasing BBA membership, specifically through retention of existing members and bringing back members who have allowed their memberships to lapse during the last one to three years, as well as focusing on events and services to make it more likely for new lawyers to join the BBA.

To achieve these objectives, we have created two subcommittees. The first is focusing on identifying members who have failed to renew their memberships during the last three years and assigning committee members to reach out directly to these members. This has already resulted in multiple renewals from members who had inadvertently allowed their memberships to lapse.

A second subcommittee is focusing on programs to integrate new lawyers into the BBA. They are working on several initiatives, including a mentorship program, increasing membership presence at mandatory activities including swearing-in services and mandatory CLEs, as well as informational packets for prospective members.

A third subcommittee has focused on assessing and recommending the new software system for the BBA that will substantially streamline the application and renewal process and provide greater options for communicating with BBA members and providing content based on practice area and specific interests.

Jonathan Raulston Chairs the 2025 Membership Committee with Tempe Smith serving as Co-Chair.

BBA Committees offer opportunities for leadership, the chance to connect with other attorneys, and a way to contribute to the legal community. We hope you will join a committee in 2025!

To learn more, go to birminghambar. org/page/about_ committees.

Diana S. Knight, CPA, CVA

Jeff W. Maze, CPA, MA

• Income tax planning and compliance

• Audit, compilation and review services

• Estate tax planning and compliance

• Business valuations

• Tax compliance–non-profit organizations

• Trustee and elder care services

• Employee benefit plan audits

Two Chase Corporate Drive, Suite 40 Birmingham, Alabama 35244 sovereigncpa.com

Chair: Jonathan Raulston, Esq.

Co-chair: Tempe Smith, Esq.

Empathy Through Experience

Legal Services Alabama brings Poverty Simulation to Birmingham’s legal community

Legal Services Alabama (LSA) was excited to partner with the Birmingham Bar Association and Volunteer Lawyers Birmingham to bring this interactive program to Birmingham’s legal community and its next generation of lawyers. The Poverty Simulation is an interactive, role-playing exercise geared toward better understanding the problems of poverty and the complex issues with which our clients wrestle daily and where attendees are tasked with surviving a “month” with the identity and resources of low-income individuals and families.

Participants during the July 22 simulation engaged with various community institutions, organizations, and entities trying to make ends meet, while avoiding the pitfalls associated with poverty. The participants had to navigate obstacles like managing transportation and childcare while getting to work on time; affording utilities, groceries, and medicine on a fixed, limited income; and avoiding eviction at all costs. Thanks to the generosity of the Black Belt Community Foundation, LSA has a licensed copy of the Community Action Poverty Simulation and organizes these learning opportunities around the state for LSA staff, its community partners, and others in the legal profession.

A special “thank you” to BAO for allowing LSA to use its space to host this year’s program and to all the participants.

EXPERIENCE SMALL BITES FROM SOME OF THE CITY’S FINEST RESTAURANTS, SIGNATURE COCKTAILS, AND LIVE MUSIC FROM ERIC ESSIX.

PLEASE NOTE: THIS IS A TICKETED EVENT BUT IS FREE FOR ALL BBA MEMBERS; $50 FOR NON-MEMBERS . TO REGISTER & GET YOUR TICKET OR TO PURCHASE TICKETS , PLEASE VISIT: HTTPS://BBA140CELEBRATION.SWELL.GIVES/

SCAN THE QR CODE TO PURCHASE YOUR TICKETS

WHEN: THURSDAY SEPTEMBER 25, 2025, 5:00 TO 7:30 PM WHERE: BIRMINGHAM BOTANICAL GARDENS

ANNUAL HOLIDAY PARTY

We invite all BBA members to join us!

Friday, December 12 | 5:00 PM

Holy

307 19th Street South Birmingham, AL 35233

Tu The COMMUNITY

MAY 9, 2025 - A CELEBRATION OF FELLOWS

Thank you to all who came out to celebrate our 30th Anniversary as well as those esteemed colleagues who were inducted as Fellows and Life Fellows. The 2025 Michael D. Emert Excellence Award was present to William N. "Bill" Clark for his unwavering dedication to the legal profession.

Thank you to our presenting sponsor Hand Arendall Harrison Sale!

Life Fellows Class of 2025

2025 Ermert Excellence Award winner Bill Clark and wife, Faye

Co-Chairs Allison Skinner and Leslie Barineau with keynote speaker Chief Justice Sarah Stewart

Fellows Class of 2025 Fellows Class of 2024

Balch & Bingham

Bradley Carr Allison

BRONZE

Alabama Power Foundation

Butler Snow

McCallum Hoaglund McCallum White Arnold & Dowd

Baker Donselson

Cory Watson Lightfoot Starnes

Gregory Fann Turner

Ken Perry Law Firm Polsinelli

Wallace Jordan

Dentons Sirote

Bressler

Christian & Small

Morgan & Morgan Protective Life Foundation BRONZE

Marsh Rickard Bryan Maynard Nexsen

MCBA to Honor Judicial Leaders, Award Scholarships & Raise $100,000

By JOHNATHAN F. AUSTIN, ESQ.

The Magic City Bar Association (MCBA) 2025 Annual Scholarship Banquet, set for November, has three distinct objectives. Honor three distinguished judicial leaders, empower future attorneys through scholarships, and raise $100,000 in support of minority law students. An evening dedicated to celebrating excellence in the legal profession and uplifting the next generation, this year’s theme is “Advancing Justice, Inspiring Leaders.”

The spotlight will fall on three judicial leaders whose vision, courage, and unwavering commitment have profoundly shaped Birmingham’s legal and civic fabric. Their work exemplifies the ideals the MCBA holds dear, serving justice with integrity, uplifting the community, and inspiring leadership. While these distinguished individuals remain unnamed for now, we look forward to unveiling their identities as the banquet draws near.

The scholarship application window opened for driven students pursuing legal and allied disciplines in August, inviting them to submit their aspirations and achievements. This fall, we are methodically reviewing submissions and look forward to recognizing five exceptional recipients whose promise and passion reflect MCBA’s mission to advance justice through leadership. Their names will be revealed at the November banquet.

These scholarship awards not only ease the path to academic achievement but also affirm MCBA’s commitment to shaping future leaders who will carry forward the torch of justice. MCBA’s scholarship program supports minority law students attending Alabama’s five law schools: Birmingham School of Law, Cumberland School of Law at Samford University, Jones School of Law, Miles Law School, and the University of Alabama School of Law.

With its blend of recognition,

inspiration, and investment in the future, the 2025 banquet promises to be more than a celebration. It’s a call to action for the entire community to stand together in building a more just and equitable tomorrow. To explore collaboration, volunteer, or pledge banquet support, reach out at contact@magiccitybarassociation.org or call (205) 538-1367.

STANDING ROOM ONLY

The reception to honor the appointment of the Honorable Bill Wayne Lewis Jr. to the Alabama Supreme Court drew a standing-room-only crowd. It took place in the courtroom of Presiding Judge

Elisabeth French on July 24, 2025, and the judges of the Tenth Judicial Circuit were in full regalia. With more than 100 guests, we are grateful to everyone who attended and helped make the event both memorable and meaningful. The reception reflected a collaborative partnership between the MCBA and BBA.

Johnathan F. Austin, Esq., is the 2025 President of the Magic City Bar Association. His administration focuses on the theme “Advancing Justice, Inspiring Leaders,” emphasizing social - justice partnerships, scholarship expansion, and professional development for the next generation of Alabama lawyers.

Johnathan F. Austin, Esq. is a Public Interest Attorney and the 2025 President of the Magic City Bar Association.

Justice Lewis & MCBA Executive Committee (l-to-r): Attorneys Richard Rice, Devan Byrd, Johnathan F. Austin, and Chris Burrell.

Memorial Scholarship Fund

We invite you to honor the life of a colleague or loved one through a gift to the Birmingham Bar Association Memorial Scholarship Fund. Your tax-deductible donation helps provide scholarships to law students at Birmingham School of Law, Cumberland School of Law, Miles Law School, and The University of Alabama School of Law. We are grateful to the following generous donors for supporting this important scholarship program and helping carry on a legacy of justice through the next generation of attorneys: Donations may be sent to the Birmingham Bar Foundation (P.O. Box 1905, Birmingham, AL 35201). For more information, please contact Jim H. Wilson at jwilson@birminghambar.org or Mandy Peterson-Tice, Executive Director of the Birmingham Bar Foundation, at mandy.peterson@bbf.org.

In memory of David William Amaral

► Carolyn and Jerry Powell

In memory of R. Michael Booker

► Carolyn and Jerry Powell

In memory of Keith Brashier

► Massey, Stotser & Nichols

In memory of Britt Coleman

► John Adams

► J. David Dresher

► Carolyn and Jerry Powell

In memory of Ernest Cory

► Barineau & Barineau

► Robin L. Burrell

► Massey, Stotser & Nichols

In memory of Judith Crittenden

► Carolyn and Jerry Powell

In memory of Daniel Crowson

► Massey, Stotser & Nichols

In memory of Gerard Durward

► Barineau & Barineau

► Robin L. Burrell

► Jon E. Lewis

► Massey, Stotser & Nichols

► Leila Watson

In memory of David Eubank

► Robin L. Burrell

In memory of Jesse Price Evans, III

► Horace Buttram

► Michael Odom

In memory of Robert Paul Fann

► Barineau & Barineau

► Carolyn and Jerry Powell

In memory of Charles William Gorham

► Barineau & Barineau

► Robin L. Burrell

► Massey, Stotser & Nichols

► Carolyn and Jerry Powell

In memory of Robert “Squire” Guin

► Robin L. Burrell

► William M. Dawson

In memory of Hobart McWhorter

► J. David Dresher

In memory of DeWayne Neal Morris

► Carolyn and Jerry Powell

In memory of James Julius Odom, Jr.

► Carolyn and Jerry Powell

In memory of James Frederick Powell

► Carolyn and Jerry Powell

In memory of Lisa Robinson

► Massey, Stotser & Nichols

In memory of James Theodore (Ted) Stuckenschneider, II

► Carolyn and Jerry Powell

► The Honorable Tom King, Jr.

BBA Announces New Member Benefits

The BBA is excited to announce new benefits for its members: discounts at four of your favortie Birmingham “hot spots.”

Hot and Hot Fish Club is located at 2901 2 Avenue South #110, Birmingham, AL 35233. You can find the menu and operating hours at https://www.hotandhotfishclub.com/ nd

Exclusions: This discount does not apply to taxes or gratuity (tips).

Reservations required for dinner. Walkins welcome at the cocktail bar.

*Must present valid BBA Membership card to receive discount.

Sol y Luna is now offering a 15% discount on food and drinks for Birmingham Bar Members and one guest!

Here's what you need to know:

o Discount: 15% off your total bill (food and drinks).

o Eligibility: Valid for the BBA member and one guest.

o Exclusions: This discount does not apply to taxes or gratuity (tips).

Sol y Luna is located at 920 Lane Parke Ct, Mountain Brook, AL 35223. You can find the menu and operating hours at https://www.solylunabham.com/.

Burning Tree Smokehouse is now offering a 10% discount on food and drinks for Birmingham Bar Members and one guest!

Here’s what you need to know:

Discount: 10% off your total bill (food and drinks)

Eligibility: Valid for BBA member and one guest

Exclusions: This discount does not apply to taxes or gratuities (tips).

Burning Tree Smokehouse is located at 3090 3 Avenue South, Birmingham, AL 35233. rd

Learn more about Burning Tree Smokehouse by following it on Instagram: https://www.instagram.com/burningtreesmokehouse/

How to Redeem these Benefits:

Simply present your valid BBA Membership Card when you pay your bill. PLEASE NOTE: You must be an active member of the BBA to enjoy these benefits.

INSTRUCTIONS ON RETRIEVAL OF BBA BAR CARDS:

Sign into your BBA profile at https://birminghambar.org/login.aspx. and click on “Manage Profile.”

Under “Information & Settings,” click on “Membership Card.” Your BBA Membership Card with a QR Code will automatically open so you can print it or download a .pdf file to save to your mobile device. If you need assistance retrieving your Bar card, please contact Alexis Jackson at ajackson@birminghambar.org.

Attorneys in the News

The BBA’s Federal Practice Section hosted a well-attended social at the Birmingham Barons game on Wednesday night, joined by several NDAL judges, their clerks, and spouses. Judge Corey L. Maze threw out the ceremonial first pitch, and attendees enjoyed a fun and relaxed evening in the party suite.

David Horton, attorney at Cloud & Willis, LLC, received the 2024–2025 Rotaract Distinguished Service Award. The Rotaract Club of Birmingham presented the award at its Annual Meeting held on June 12th. This honor recognizes outstanding contributions and service to the community.

Burr & Forman pledged $150,000 to support the construction of the Path Makers Legacy Plaza at The University of Alabama School of Law. Plans for the plaza were first introduced in 2023 as a part of a 50th anniversary commemoration celebrating the first Black graduates at Alabama Law. The plaza will be an ADA-accessible, outdoor space where students can gather and the Law School can host events for alumni, visiting scholars, and friends in the community.

Lightfoot, Franklin & White LLC welcomed 17 summer clerks for its 2025 program. These first- and second-year law students from four law schools spent six weeks in the Birmingham office, gaining litigation experience. The 2025 class included: University of Alabama School of Law: Davis Boland, Jackson Clancy, Kiana Dorsey, Sarah Frances Jackson, Hope Methvin, Abby Vandiver, Andrew Weisenfeld, Preston Antes, Sarah Beth Corona, Martha Ernest, Kimberly Short Cumberland School of Law : Malik Howard, Robert Dickinson, Sloane Saxon University of Virginia School of Law: Sam Guerrero, Bess Martin ► Washington & Lee University School of Law: Tanner Hines

Kane Burnette has been hired as a shareholder in Maynard Nexsen PC’s public finance group.

Heninger Garrison Davis (HGD) is pleased to announce that W. Lee Gresham III assumed the role of Managing Partner, effective June 1, 2025. This leadership transition reflects the firm’s commitment to continuity, excellence, and client-centered service.

Lightfoot, Franklin & White LLC is pleased to announce that Amie A. Vague has been named as the firm’s hiring partner. In this role, Vague will lead the firm’s recruiting and hiring programs and oversee the professional development of new lawyers, directly shaping the future of the firm.

Bradley Arant Boult Cummings LLP partner William C. Athanas has been selected as a Fellow of the Litigation Counsel of America (LCA), making him one of only seven Alabama-based Fellows in the country. He will be formally inducted with the new Fellows at the 2025 LCA Conference, taking place October 22-24, 2025, in Laguna Niguel, California.

Massey, Stotser & Nichols is delighted to announce the addition of attorney Daniel J. Wisniewski, who joins the firm as a partner in the governmental representation and business law practices. Having most recently served in the Office of the Attorney General for the State of Alabama, Daniel primarily represents municipalities and individuals involved in civil litigation and serves in an advisory capacity.

Bradley Arant

Boult Cummings LLP is pleased to announce that Marc James Ayers, a partner in the firm’s Birmingham office, has been elected as a Fellow of the American Bar Foundation (ABF). The

ABF Fellows are a global honorary society of attorneys, judges, law faculty, and legal scholars whose public and private careers

Daniel J. Wisniewski

Marc Ayers

Judge Corey L. Maze

William C. Athanas Amie A. Vague

Kane Burnette

David Horton

W. Lee Gresham III

have demonstrated dedication to the highest principles of the legal profession and to the welfare of the communities.

Lisha Graham , Jackson Neal , Curtis Seal and Lana Bell proudly announce the opening of Graham Neal Seal & Bell, LLC, a new law firm specializing in civil and complex litigation, insurance defense, business disputes, and construction law. The firm’s office is located at 880 Montclair Road, Suite 450, Birmingham AL 35213.

Lightfoot, Franklin & White LLC recently welcomed its fifth annual Lightfoot Academy class — nine college seniors and incoming law students who participated in a weeklong pre-law program beginning June 9. This year’s participants were: Samir Abouhaidar, Walter Dyal, Laylah Kirksey, Lilly Noble, Jayla Oliver, and Claire Roberts — all from The University of Alabama; Angela Jacobs, The University of Georgia; Nicole Renzulli, The University of Southern California;

and Val Fesenko , The University of Toronto and incoming student at Washington & Lee School of Law.

Struggling

to align your people strategy with your business strategy?

Ogletree Deakins is pleased to announce that James Pennington has been named a 2026 Birmingham Labor Law – Management “Lawyer of the Year” by Best Lawyers®. James is a founding member of the Birmingham office of Ogletree Deakins, and he has more than three decades of experience representing employers in diverse labor and employment law matters.

THERE’S A SOLUTION FOR THAT

THERE’S A SOLUTION FOR THAT

Members of a high-performing team go above and beyond because their role, team, manager and culture engages and inspires them.

THERE’S A SOLUTION FOR THAT

Members of a high-performing team go above and beyond because their role, team, manager and culture engages and inspires them.

In order to have a high performing team, not only must you have the right people in the right roles, but you must also know how to manage them in the way in which they will respond.

Members of a high-performing team go above and beyond because their role, team, manager and culture engages and inspires them.

In order to have a high performing team, not only must you have the right people in the right roles, but you must also know how to manage them in the way in which they will respond.

Members of a high-performing team go above and beyond because their role, team, manager and culture engages and inspires them.

In order to have a high performing team, not only must you have the right people in the right roles, but you must also know how to manage them in the way in which they will respond.

We unleash the power of behavioral analytics to allow you to achieve both of these objectives. Then, we transfer the knowledge to you and allow you to build a winning-culture with ongoing support.

In order to have a high performing team, not only must you have the people in the right roles, but you must also know how to manage them in the way in which they will respond.

In order to have a high performing team, not only must you have the right people in the right roles, but you must also know how to manage them in the way in which they will respond.

We unleash the power of behavioral analytics to allow you to achieve both of these objectives. Then, we transfer the knowledge to you and allow you to build a winning-culture with ongoing support.

unleash the power of behavioral analytics to allow you to achieve both of these objectives. Then, we transfer the knowledge to you and allow you to build a winning-culture with ongoing support.

We unleash the power of behavioral analytics to allow you to achieve both of these objectives. Then, we transfer the knowledge to you and allow you to build a winning-culture with ongoing support.

Cvstrategy.com

Lana Bell Lisha Graham

Jackson Neal Curtis Seal

James Pennington