Birmingham Bar Association Bulletin Summer 2020

Bulletin BIRMINGHAM BAR ASSOCIATION

2020 Membership Forum Thank you for being the most important part of our annual conference. 18

Vol. 41, Issue 02 | Summer 2020

COVID-19 Experience BBA members share their coping strategies during the devastating health care and financial crisis. 24

Message from the

Executive Director Just as we were emerging from winter and ready to enjoy the dynamic social schedule that is ushered in with spring, our lives were radically disrupted by COVID-19 and the unusual and unnatural circumstances Jennifer with Jequette Noland at the Membership Forum. of social distancing.

What is normally a time of year filled with public social gatherings suddenly became a time to stay at home and limit our interaction with other people. A tremendous challenge!

Social distancing has also been a challenge for the Birmingham Bar Association. As you know, the fundamental mission of the BBA is to provide benefits to you, our members, that will help you excel in your law practice.

Ordinarily, many of those benefits are provided through in-person networking events and programs.

Although the BBA has not been able to bring you our traditional faceto-face benefits, we have pivoted to bring you virtual programs and unique communications that are intended to help you professionally and personally.

Some of these are highlighted in President Andrew Nix’s message. We hope these new ways to connect have been beneficial to you.

In this issue of the Bulletin, we focus on how our members have had to adapt and respond as a result of COVID-19. I know that you, too, have a story, and I hope you will consider sharing it with the BBA by sending me an email (jbuettner@birminghambar.org).

Be well, stay strong and reach out to me if the BBA can do anything for you.

Jennifer M. Buettner Executive Director

Published for the Birmingham Bar Association

by Starnes Media

2020 Officers of the BBA Andrew S. Nix, President H. Lanier Brown II, President-Elect Allison O’Neal Skinner, Secretary/Treasurer T. Charles Fry Jr., Immediate Past President Jennifer M. Buettner, Executive Director

2020 BBA Executive Committee Starr T. Drum J. Price Evans IV Robin B. Mark Hope S. Marshall D. G. Pantazis Jr.

Ashley R. Peinhardt Ryan P. Robichaux J. Houston Smith III Sharon D. Stuart Leslie A. Wright

Cedrick D. Coleman, ADR Section Robert C. Keller, Bankruptcy/Commercial Law Section April M. Mason, Business Law Section Texys V. Morris, Criminal Justice Section Stephen J. Bumgarner, Federal Practice Section Brooke A. Everley, Probate Section Kristin Waters Sullivan, Solo Practice/Small Firm Section Maridi T. Huggins, Women Lawyers Section Linda C. Ambrose, Workers Compensation Section Will A. Lattimore, Young Lawyers Section Diandra Debrosse Zimmermann, Magic City Bar Brannon J. Buck, ASB Commissioner

Birmingham Bar Association 2021 Second Avenue North Birmingham, AL 35203 205-251-8006 birminghambar.org jbuettner@birminghambar.org To advertise in the Bulletin, contact Dan Starnes at dan@starnespublishing.com.

For information about this publication and/or advertising rates, call 205-617-9609. Starnes Media produces seven monthly newspapers in the Birmingham metro area: 280 Living, Cahaba Sun (Trussville), Homewood Star, Hoover Sun, Iron City Ink (downtown Birmingham), Vestavia Voice and Village Living (Mountain Brook). Starnes Media also produces chamber membership directories, quality-of-life magazines and business marketing materials.

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BIRMINGHAM BAR BULLETIN

In This Issue 08 President’s Message

16 Members Who Helped During COVID-19

28 Magic City Bar Association

Thank you to our members who helped Birmingham Stay Strong.

18 2020 Membership Forum

Magic City Bar Association Judicial Council hosts community “Lunch and Learn” in February.

30 Foundation Fellows Dinner

A message from Andrew S. Nix, the 2020 Birmingham Bar Association President.

12 Members Who Motivate Us

Hundreds take part in the early March conference filled with educational programs and connecting with other members.

24 COVID-19 Experience

The Birmingham Bar Foundation celebrates and honors its ninth class of Fellows.

34 VLB Offers Virtual Help Addressing the community’s needs continues during pandemic.

36 Law Library The Jefferson County Law Library is ready to assist with materials and research.

Nicole King and Rip Andrews share their pandemic stories and a little bit about their lives.

BBA members share their coping strategies during the devastating health care and financial crisis.

40 Memorial Scholarship Contributions 41 Upcoming CLEs 42 Attorneys in the News

On the cover: A mural at First Avenue North and 39th Street in North Avondale was modified in late April by Marcus Fetch of Red Path Creative to include a face mask, reflecting CDC guidelines of wearing face coverings in public during the COVID-19 pandemic. Photo by Erin Nelson.

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From the President We often see that tough times bring out the best in people, and I believe we are definitely seeing that happening now with the members of the BBA. As I write this message, we remain in the midst of mounting challenges and considerable uncertainty as a result of the COVID-19 pandemic. The pandemic is affecting each of us, professionally and personally, in so many ways. Even so, it is clear that the members of our profession, notably the members of the Birmingham Bar Association, are rising to the occasion, doubling down on our mission as Andrew S. Nix lawyers to serve our clients. Over the past several weeks, I have witnessed countless members of the BBA tackle complicated new legal issues resulting from the pandemic on behalf of their clients, work tirelessly (and often on a volunteer basis) to assist those in our community who have been hit the hardest, and contribute time and effort to the adaptation of how we do our jobs every day — all the while dealing with their own challenges and uncertainty about what lies ahead.

Over the past several weeks, topics and terms such as “PPP loans,” “essential services” and “social distancing” — terms that were not part of our vocabulary when 2020 began — have become subjects of frequent discussion and legal advice. Zoom meetings have become the new standard for “seeing” each other to handle matters from the courtroom to the boardroom (and also to catch up with friends and family for a “Zoom cocktail hour”).

This has all developed very rapidly, and, although most of us are fortunate to have the ability to stay virtually connected, professionally and socially, we all are feeling some sense of separation, isolation

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Andrew with President-Elect Lanier Brown at an ABA conference. and anxiety as we navigate through this experience.

The importance of affiliation with the BBA has been spotlighted as issues facing our members and our profession as a whole have come to the forefront in connection with COVID-19. We have heard from many of our members offering suggestions for how the BBA might be able to help other members or our community, and we have worked very hard to pursue each suggestion as an opportunity for the BBA to be a valuable resource.

PROVIDING BENEFITS

As I have discussed since the beginning of the year, my primary goal for 2020 is to ensure that the BBA provides benefits, tangible and intangible, for all of our members, consistent with our theme for

the year, “Our Vision is Value for You.” Although I definitely did not anticipate COVID-19 when I was charting my 2020 goals last year, the pandemic has given us an opportunity to provide value to our members in the most difficult of times.

At the onset of the pandemic in March, we began implementing a number of virtual initiatives designed to support and connect with all of our members and to help you all support and connect with each other: ► We have maintained and will continue to maintain steady communication to provide you with the latest judicial orders, statewide directives, important notices and other information and, consistent with our ongoing focus on attorney wellness, timely wellness messages. ► We have rolled out a series of free

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Left: Andrew with BBA members at the State Bar Mid-Year Meeting.

Above: Participating in the BBA’s Law Day 2020 Program via Zoom.

virtual CLE programs for our members on a number of relevant topics. These programs have been extremely well received, many maxing out on registration, and all receiving fantastic feedback.

I also want to give a shout-out to the leadership of our BBA sections and committees, who found creative ways to provide value to their members and to keep them involved and engaged in this new environment.

We also worked behind the scenes to advance the interests of our members. For example, as various stay-at-home orders and ordinances were being discussed at the state and local level, the leadership of the BBA advocated strongly, along with the Alabama State Bar and other groups representing the Bench and the Bar, for the inclusion of legal services on the list of “essential services” in those orders and ordinances. The ultimate determination that legal services are, in fact, “essential services” allowed us to continue to serve clients in as efficient and effective manner as possible without compliance concerns.

Another goal for the year is to grow our connection with the community at large and to support the efforts and initiatives of our city government. This goal, too, has been met with significant opportunity through the pandemic.

The BBA has partnered with the City of Birmingham’s Birmingham Strong initiative (bhamstrong.com; #BhamStrong), which is helping small businesses in Birmingham by providing a number of services. At the outset of the pandemic, we recruited attorneys from

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among our membership to conduct pro bono reviews of the insurance policies of small businesses. Even after the initial effort, we have continued to partner with the city, Birmingham Strong and other community partners to identify attorneys who can help address specific legal needs for local businesses and non-profits that have been most affected by COVID-19.

Take a look at page 16 of this issue of the Bulletin to see special recognition of the numerous members of the BBA who have helped out with these projects so far.

MAINTAINING CONNECTION

Unfortunately, we had to cancel or postpone a number of in-person gatherings, which has been disappointing but necessary. However, we found alternate ways to bring some of these events to you. A great example of this was our Law Day 2020 programming. We were really looking forward to a visit from this year’s ABA President, Judy Martinez, for our Law Day celebration, but those plans were among the many that had to be changed (and we hope to reschedule this visit later in the year). We did, however, go forward with a virtual Law Day program to celebrate the centennial of the ratification of the 19th Amendment and Women’s Suffrage. On April 28, BBA members Jenna Bedsole, Leigh King Forstman and Allison Skinner presented to a full Zoom audience an outstanding virtual CLE program on the history of women’s struggle to gain the right to vote. We even had the honor of debuting a fantastic film, “The Fight for the Noblest Democracy,”

written and produced by Jenna Bedsole, about the suffrage movement in Alabama.

I strongly encourage you to see Jenna’s documentary as it is further released.

Thank you to Jenna, Leigh and Allison for helping us celebrate Law Day in such a meaningful way.

On a lower note, it will probably come as no surprise that we have decided to cancel this year’s June Picnic. This is a huge disappointment, but we believe that this is the most prudent course of action and in the best interest of our members’ health and safety. Special thanks to Nick Callahan and the other members of the Entertainment Committee who always work very hard to make this event a great time of fellowship for our members. We look forward to being able to reconvene to enjoy the good food and beverages provided by the Entertainment Committee.

I do want to take a moment to highlight some of the successful in-person events that we were able to host during the first quarter of the year: ► 2020 Membership Forum: On March 6, we hosted our annual daylong conference, the Membership Forum.

The forum was well attended, with more than 200 participants, and we enjoyed timely and engaging programs put on by knowledgeable BBA members.

Attendees also enjoyed hearing messages from Mayor Randall Woodfin, who’s also a BBA member, Rich Bielen, CEO of Protective Life Corporation, and representatives from The World Games 2021, which will now be held in 2022. I am very grateful to all of you who made

BIRMINGHAM BAR BULLETIN

Above: Don Mosley and Judge Janine Hunt-Hilliard at February’s Coffee with the Judges. Right: Andrew speaking at the Membership Forum. the day a success by helping plan the event, presenting at it or attending it. You can check out photos from the event in this issue of the Bulletin. ► Coffee with the Judges in January and February: I am so pleased that we were able to host two of our popular breakfast and social hours in our courthouses. We had a remarkable crowd at the January Coffee in the Presiding Judge’s

courtroom and an equally impressive crowd at our February Coffee, held for the first time at the Family Court.

LOOKING AHEAD

Although I do not know what the future holds or what our “new normal” will look like as a result of COVID-19, what I do know with certainty is that our commitment to our profession and to our

association with each other as lawyers is as important now as it has ever been.

I want to assure you that the BBA is available to you as a resource at all times, but especially during these times of challenge and uncertainty. I hope that you will not hesitate to reach out to me or the BBA staff if we can help you in any way.

We are here for you. Take care and stay safe.

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Members Who Motivate Us We know COVID-19 challenged each of our members in unique and unprecedented ways. In the face of the new hurdles, many of you embraced opportunities to be of service to others who were experiencing more acute hardships.

For this issue of the Bulletin, we highlight two members who helped others through the COVID-19 crisis.

Nicole King is the City Attorney for the City of Birmingham and leads a team of 44 attorneys. During the crisis, she and her team supported the city in its implementation of a response to COVID-19 and its initiatives to help citizens and small businesses. Rip Andrews is a partner at Marsh, Rickard & Bryan where he strives to make a tangible impact on people’s lives. In response to the crisis, he started the Win-Win-Win program.

Nicole King

Members Who Motivate Us

Q. Please talk about some of the work you did to support the city’s response to COVID-19.

A. As the City Attorney for the City of

Birmingham, my highest responsibility is to ensure effective and efficient legal representation for the Mayor, City Council, 32 departments and their divisions and manage the staff of 44 employees who handle all contracts, ordinances, and civil and criminal legal matters for the city.

During the COVID-19 pandemic, Mayor Randall Woodfin has maintained a strong and steady approach to protecting small businesses, residents of the city and city employees. My team and I were on the front line of the mayor’s and the city’s response to COVID-19. Immediately after the first case was identified in Alabama, I led a team of attorneys in my office in identifying legal authority for the City of Birmingham to take measures to control the spread of disease. This work enabled Mayor Woodfin’s March 16 proclamation, declaring a state of emergency for the city, adopting CDC guidelines and limiting the size of gatherings to reduce the spread and impact of COVID-19. Ours was the first such mayoral action in the state.

My team and I also worked closely with Mayor Woodfin on the introduction of a shelter-in-place ordinance and a second mayoral proclamation that reinforced the Jefferson County Health Officer’s order

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Above: City Attorney Nicole King at a Birmingham City Council meeting.

closing all non-essential businesses in the city and further limiting gatherings. The joint efforts of the City Council and the mayor resulted in the first shelter-in-place ordinance in the state, which was later extended and readopted. Each of these proclamations and ordinances required legal research and advice from me and my team to guide the mayor and council. We drafted each of the proclamations and ordinances in response to the changing needs of the city

to manage public health concerns. I also directly advised the City Council on Gov. Kay Ivey’s emergency proclamation relating to open meetings, including matters that can or cannot be considered in a virtual meeting.

Our attorneys and I also supported in the implementation of the Birmingham Strong Fund spearheaded by Dr. Josh Carpenter.

We drafted the contracts and resolutions for consideration and approval by the council.

Q. The mayor and the entire city government worked tirelessly to respond to the crisis. Is there a certain initiative that you are particularly proud of?

A. I am particularly proud of the

Birmingham Strong Fund. The Office of Innovation and Economic Opportunity quickly created a process that ensured

BIRMINGHAM BAR BULLETIN

Above: Nicole with Kerri Page Parker and Jequette Noland. Right: Nicole with her husband and two children. the viability of businesses. More than 245 businesses completed the application for funds, resulting in the creation of 1,412 jobs. It is estimated that the $1.2 million from city dollars and $1.2 million from private dollars helped to stabilize businesses that represent 712 jobs in the local community, while at the same time stimulating the local economy.

My office worked with the Birmingham Business Resource Center (BBRC), an entity that has operated for over 200 years to serve as a lender to small businesses in Birmingham. The BBRC — in a competitive process — reviewed applications and selected businesses to award loans.

Q. You lost two family members during the crisis. Could you share some of the experiences of that tragedy?

A. Due to COVID-19, I lost two cherished members of my family. Both were my mother’s siblings: my aunt, Clarita Stone, and my uncle, Frank Nelson. Both, due to COVID-19, had to be rushed to the hospital unexpectedly. They died within two days of each other. The loss was unimaginable, but not being able to attend their funeral in Mobile due to the social distancing requirements was an absolute nightmare.

I was fortunate to be able to view the funeral by Zoom. It was so sad watching through a computer screen the 10 family members who were able to attend, wearing SUMMER 2020

their masks and sitting 6 feet apart. It is a memory that will forever be etched into my heart.

Q. What were your strategies, personally, for staying physically and mentally healthy through the COVID-19 crisis?

A. One of my important strategies is

maintaining a spiritual balance through prayer. Running for dear life on my treadmill has also helped me to maintain my sanity.

Q. How did you stay connected to family and friends during the time of social distancing?

A. Zoom has become my best friend during

this pandemic. My family is all over: Detroit, Texas, Germany. Zoom has allowed me to see my family all in one place and share in laughter and memories that keep me comforted during this difficult time. My close friends and I also check in weekly through phone calls and text messaging.

I plan to make this a habit even after sheltering in place is over.

Q. What were some of the routine things in your life that you found to be challenging because of social distancing?

A. I have found teleworking and not being

with my team every day to be a challenge.

Also challenging is balancing working from home with taking care of my 1-yearold son and 3-year-old daughter. Thank goodness for my wonderful husband who is also working from home and has cared for the kids when I do go into City Hall for emergency matters and to attend weekly City Council meetings. It has been an entertaining adjustment for him as well.

Not being able to take my children to malls, restaurants or the park has been quite somber. However, being at home with them every day and to see them blossom has been a great joy. I am very creative with coming up with new games to play outside with them, and it has been really awesome to see the imagination and abilities that they have.

Q. Did you read any good books, listen to any noteworthy podcasts, or watch any movies or shows that you would recommend?

A. One of my favorite podcasts is

"Magic City Mondays" about exciting things taking place within the City of Birmingham. Unfortunately, I have not had the opportunity to complete any good books, but I have been reading educational books to my children to help with their time away from daycare. To date, the only television shows that I have watched are "Peppa Pig," "Paw Patrol" and the Baby First Learning Channel.

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Rip Andrews

Members Who Motivate Us

Q. Tell us about the Win-Win-Win Project that you launched at the onset of COVID-19.

A. The Win-Win-Win project is a way to get good, healthy food to our brave health care workers while supporting Birmingham’s beloved local restaurants.

It works like this: First, a health care team leader signs up to request a specific number of meals on a certain date and at a certain mealtime. Then, we locate a local restaurant that can supply the meals and post the restaurant name and total cost on our site. Finally, a generous sponsor signs up and promises to pay for the meal, feeling good about themselves and garnering good will with some health care workers and restaurants. It really is a winwin-win for everyone!

Above left: Rip shares his love of fishing. Above right: Rip poses with his daughters outside of the family's camper. Below: Health care workers at St. Vincent's say thank you for their meals.

Q. What prompted you to start this great project?

A. I am really close with the same group

of friends that I’ve had since I was very little, and we keep in touch over WhatsApp. When this crisis began, one of my friends sent us a link to a program like the Win-Win-Win project that’s happening in San Francisco, and we got to talking about how great a program like that would work here.

We wanted health care workers to have good, local food that was easily accessible that they didn’t have to pay for, and at the same time help support local small businesses who have been hit hard by all this. One of my closest friends from the group, Will Baker, and I both have connections in the health care and restaurant industries, so we began to plan the project. One of the primary ways I got the hospitals involved was through attorneys who represent hospitals that my law firm has previously faced in court.

I’m pretty good friends with a lot of them, and there were so many who were excited to help.

When we got our first sign-ups in March — St. Vincent’s and Watkins Branch, a restaurant in Mountain Brook — we weren’t sure if it was going to run out of steam in a few days or really take off. But

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since then, we’ve had lots of sponsors, a lot of appreciative hospital staff and restaurants continuing to sign up. As of late April, we had provided about 2,500 meals to health care workers, and sponsors have raised nearly $40,000 to cover the cost.

Q. What were your strategies, personally, for staying physically and mentally healthy through the COVID-19 crisis?

A. My wife and I have property on Lake Mitchell. We got a camper when this all started and for a large part have been living out of our camper at the lake.

It has been a very odd experience. This crisis is such an awful tragedy for a lot of people economically and health-wise, but because my family has been able to avoid the health consequences, we have been doing well. My workload is lighter. I’ve

been fishing at the lake. I just finished a novel, and it’s the first I’ve finished since my girls, who are now 6 and 7, were 2 and 3.

My counselor is doing online sessions, and I should probably schedule one because I probably don’t realize exactly what kind of negative effects this is having on me. For now, though, I’m grateful to be spending more time with my family and on other pursuits.

My buddies and I had a conversation about this experience that led us to go from the point of “Here’s an idea,” to “Maybe we can actually do this,” which led to the Win-Win-Win Project. In a weird way, a lot of our day-to-day lives are better because of this, so we are doing something to help the folks who are on the front lines and those who are suffering during this time.

Q. How was your work challenged, and what did you do to overcome those challenges?

A. I’m working from home 99% of the time. We do have people going into the office here and there, but we’re trying to avoid that as much as possible. Marsh Rickard is a litigation firm; courts are physically closed, but the judges are doing a great job keeping things moving as best they can. It’s been nearly impossible to

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healthy respect for teachers. My wife is a part-time college professor, so I knew this was going to be hard, just because of how hard teaching is. If they were a little older it would be a different story, but with kindergartners you have to really hold their hands.

The girls have been having a magical time at Lake Mitchell. They’re able to do things at the lake that they wouldn’t be able to do otherwise in a suburban home.

There’s a bald eagle living in a tree near our dock. The girls can see stars and recognize the Big Dipper. I think, oddly enough, because they’re so young and can’t really understand what’s going on, that they’ll look back on this time with fondness.

Rip poses with his catch. have mediations and depositions, so my overall workload has reduced by 80%.

For now, that’s fine because it’s giving me more time to spend with family and to keep the kids entertained.

Q. What has it been like to have your children at home with you full-time?

A. It’s hard. I’ve always had a very

Q. Did you read any good books, listen to any noteworthy podcasts, or watch any movies or shows that you would recommend?

A. I just finished "The Immortalists" by

Chloe Benjamin and am currently reading "Pachinko" by Min Jin Lee.

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Thank You to these BBA Members

Who Helped Birmingham Stay Strong

They volunteered to provide pro bono legal services in

support of the City's Birmingham Strong initiative

Special Projects: Jenna Bedsole Ellise Washington Tripp Watson Colin Luke Business Insurance Policy Review David Allen Rodney Barganier Taylor Bartlett Bruce Barze Kim Bell Emily Bonds Jimmy Brady John Buck Stephen Bumgarner Hunter Carmichael Kathy Collier Joe Cowan J. Mason Davis Andy D'Entremont David Fawal Danny Feldman Yashiba Glenn-Blanchard Sierra Gray William Gray

Tom Hale James Henry Ruby Jackson Amanda Kisor Stephen Leasure Jon Lewis Margaret Loveman Todd Lowther Leroy Maxwell Bob Methvin Virginia Miller Tony Mollica Carol Montgomery Jameria Moore Andrew Nix Sean Pierce Bill Rose Ashley Scarppetta Steve Sexton

Bart Slawson Richard Smith Spence Taylor Jimbo Terrell Ellise Washington Daniel Weber John Whitaker Greg Yaghmai

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Thank you for attending the 2020 Membership Forum!

Janine Smith and Ashley Peinhardt

Enjoying the programming

BBA Members enjoy the Leadership Breakfast

Scott Garrett and Chris Burrell

Rich Bielen delivers his leadership message

Tom Walker, Judge Bob Vance, Joyce White Vance

Mayor Randall Woodfin and Judge Sherri Friday

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Weathers Veazey and Deidra Mayes

Derry Johnson and Judge Marshell Jackson-Hatcher

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Faces of the Forum

SUMMER 2020

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Forum Panelists Career Transitions: Rip Britton, Alex Ealy, Heather Fann, Kimberly Perkins, Leroy Maxwell

Communications Outside the Courtroom: Judge Bob Vance, Judge Sherri Friday, Judge David Carpenter, Rebecca Beers

Criminal Justice Reform: Jeremy Sherer, Judge Karon Bowdre, Rep. Christopher England, Judge Teresa Pulliam, Judge Stephen Wallace

Birmingham Entrepreneurship: Waymond Jackson, Brittany Summerville, Nicole King, Kim Lee, Nate Schmidt

Civics in 2020: Judge U.W. Clemon, Leigh King Forstman, Earl Hilliard Jr., Judge Javon Patton, Joyce White Vance

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Cybersecurity and Privacy: Gary Warner, Carrie Fowler, Elizabeth Shirley, Lawrence Cappello

Wellness: Champ Crocker, Amy Liscomb, Lynn Hogewood, Susan Han

Gig Economy Workers: Allen Arnold, Emily Hart, Rachel Barlotta

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What was your...

COVID-19 experience?

In this regular feature of the Bulletin magazine, we check in with several BBA members about a topic that all of us can relate to. With the coronavirus pandemic causing everyone across the globe to make radical shifts in the way they live and work, we wanted to hear how our members have coped with this devastating health care and financial crisis. We hope that what they have to share will help you stay positive and might even spark a smile.

Steven Corhern

OUTDOOR TIME WITH FAMILY While working from home was tough, it allowed me to spend more time outside with my family. We enjoyed walking around our neighborhood and along the creek behind the Library in the Forest. Our dog Riley really enjoyed us being at home, too.

Andrea Neeley

QUARANTINING WITH MY SON During the quarantine, I sheltered in place, hand sanitized and tried not to eat everything in sight with my 13-yearold son, Joshua. Nearly daily prayer and occasional exercise was also a part of our lives. This photo is us on a “suicide mission” or what other, more fit moms would call a bike ride around our neighborhood. Josh and I are a great quarantine fit because of our differences: I’m an early riser, but he likes to sleep in, so I get my much-needed quiet time in the a.m.; he’s a binge watcher, but not me, so my Netflix nanny was worth every dime during this time ... judge me — at least you have the credentials. I cannot imagine being asked to stay home with a better person. He’s a silly, sulky, slovenly, male teenage version of me ... it’s awesome! I am certain we will flatten the curve and get healed soon.

George Gaskin

VICTORY OVER THE VIRUS I treated the first couple weeks of social isolation like I treat a snow forecast: by stocking up on Cheetos, Doritos and Cinnamon Toast Crunch. Fortunately, I soon realized that this would be a marathon, not a sprint, so I needed to establish some routines to stay mentally healthy. Most helpful for me was getting outside as much as possible, which was easy to do with the beautiful weather we had during the pandemic. My favorite running race, the Statue to Statue, was canceled, but I ran the course anyway, and my wife and daughter met me at the finish line with a handmade medal. It was my small way to triumph over the virus.

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Rebecca Wright

TACKLING THE CHALLENGES AND EXERCISING COMPASSION This unexpected season of quarantine brought on challenges, yet provided the opportunity to learn new things (who started 2020 thinking they were going to do a virtual mediation or set up weekly practice group calls via Zoom?!). Despite the new challenges we all might have faced at work, I was able to spend more time working on projects around the home, engage in “virtual” facetime with friends and family, explore new walking and hiking trails with my dog and practice yoga at home. Even in this pandemic situation where we seemingly had no control over when things might get back to our own version of “normal,” I reminded myself that I still have control over my ability to generate compassion for those around me or who I may come in contact with — whether that’s from my virtual office or home.

Brandon Prince

ENJOYING FATHERHOOD My wife and I have a newborn baby, so learning to balance work and family during the stayat-home period was especially important for me.

I took on more of the caregiving role for our 2-yearold while my wife cared for the newborn. We were very excited to have our daughter home healthy and safe. But the virus added a new and unexpected layer of stress. This was not an ideal time for having a new baby in the house, but we adapted, and I found that I enjoyed the time at home with my family. Work and family life essentially merged into one. The whole day, including late into the night, were eligible working hours. I worked whenever there was time: i.e., during nap time, bedtime or whenever Elmo was on. I got a lot done at night, and I was daddy daycare the other waking hours. It was exhausting and wonderful all at the same time. Getting back to some version of normal was inevitable, but for the time, I enjoyed taking a step back from the rat race and was thankful that I had the privilege to do so.

SUMMER 2020

Jim Lloyd

LOOKING AHEAD AND LIVING LIFE FORWARD Throughout our shelter in place, my wife Nancy and I tried to take an online yoga class and take a brisk walk every day. Because we live in the heart of wine country in Sonoma County, wine has become a central part of our lives, so we had virtual wine tastings with friends via Zoom or FaceTime several times a week. I am also active in the community by participating on the board of the Petaluma Gap Winegrowers Alliance, and I worked on helping guide California’s newest AVA through this unprecedented event. Our son, daughter and grandchildren, though all less than an hour drive away, also got regular FaceTimes from “Nanny” and “Papa.” And of course, thank goodness for Netflix, Amazon Prime and the National Theatre Live! Cheers!

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Magic City Bar Association Judicial Council Hosts Community Event New Members Make Individual Marks as Well

By Honorable Eugene Verin (Retired) and Chris Burrell In February, the Judicial Council of the Magic City Bar Association hosted a community-wide “Lunch and Learn” at New Rising Star Baptist Church. The free forum was open to the public and included lunch for attendees.

The “Lunch and Learn” offered insight into the workings of the local court system and the history of the Jefferson County African-American Judiciary. The program also included panel discussions on criminal law and family law led by local Jefferson County judges. There were keynote addresses by retired Federal District Judge U. W. Clemon and Presiding Judge of the 10th Judicial Circuit, Judge Elisabeth French. Judge Clemon was the first black judge appointed to the Alabama Federal judiciary. Judge French is the first female Presiding Judge of the 10th Judicial Circuit.

“We wanted to present this forum during Black History Month so that the community could both celebrate the history of local black judges and be more informed about the workings of the local court system,” said Jefferson County Circuit Judge Agnes Chappell, chairperson of the Judicial Council.

While the seasoned members of the Judicial Council served the community, two of the MCBA’s newer members were also making their own mark in the community.

New Corresponding Secretary April Collins of Collins Law LLC held the MCBA’s first “Know Your Rights” Legal Forum. Collins, whose firm handles personal injury cases, said: “It’s a quarterly series to inform the community of their legal rights in various areas of the law.” The

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MCBA Judicial Council

President Chris Burrell delivers his remarks free event focused on criminal law and featured another MCBA member, Victor Revill, as the guest attorney. The remaining forums will feature other attorneys in different practice areas sharing valuable information with the community.

Rodney Dillard, another new face to the MCBA, was the featured speaker at the Birmingham School of Law BLSA chapter Speaker Series. He gave a presentation on “Gaining and Selecting Employment,

Judge Elisabeth French and Judge Houston Brown Choosing a Practice Area and More.”

According to Rodney, his aim was to “prepare law students with a realistic perspective of the job market, networking and bar preparation.” As an associate at Friedman, Dazzio, Zulanas & Bowling PC, Rodney’s practice areas include insurance defense, premises liability and auto liability.

MCBA members, both old and new, got the first quarter of the year off to a great start.

BIRMINGHAM BAR BULLETIN

Family Law Panel: Judges Pamela Wilson Cousins, Patricia Stephens, Janine Hunt-Hilliard

April Collins

Criminal Law Panel: Judges Michael Streety, Stephen Wallace, Katrina Ross and William (Tony) Bell

Rodney Dillard

SUMMER 2020

Victor Revill addresses attendees at the Know Your Rights program

Rodney Dillard at BSOL Speaker Series

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Fellows Dinner 2020 The Birmingham Bar Foundation celebrates and honors its 9th class of Fellows Thank you to all of the Fellows and Life Fellows of the Birmingham Bar Foundation. The Fellows Endowment Program recognizes the notable accomplishments of distinguished members of the Birmingham Bar Association.

Each member of this prestigious group demonstrates a spirit of excellence in his or her field of practice through uncompromising adherence to ethical standards and mores, application of exceptional skills to achieve optimal results for those they serve, and commitment to enhance and enrich the general prestige of our profession.

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BIRMINGHAM BAR BULLETIN

SUMMER 2020

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BIRMINGHAM BAR BULLETIN

SUMMER 2020

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The VLB staff celebrated a great day at Project Homeless Connect in February. More than 20 attorney volunteers came out to assist more than 100 clients, helping them overcome legal issues that prevented them from moving forward with their lives. We look forward to continuing to make a positive impact in our community with the help of our volunteers and supporters. Front row, from left: Interim Executive Director Graham Hewitt, staff attorney Wilson Myers, staff attorney Lisa Singer, intake/closing coordinator Breonna Garrett, service coordinator Vetrica Hill, staff attorney Kimia Moshiri and communications coordinator Rosalind Fournier. Back row,from left: Woodlawn coordinator Jonathan Moore, staff attorney Eric Vinsant, staff attorney Twala Wallace and volunteer coordinator Michelle Brown.

VLB offers virtual help Service in addressing community’s needs continues during pandemic

By Graham Hewitt, Interim Executive Director In mid-March, life as we knew it fell like dominoes. Courts, schools, places of worship, social gathering spots and entire office buildings shut down with instructions for everyone to stay at home until further notice.

The COVID-19 pandemic has impacted everyone. Many of our most vulnerable citizens, however, have experienced the hardships more acutely through lost

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wages, greater health risks and lack of shelter. For others, even the threat of the pandemic did nothing to stop emergencies including domestic violence or loss of housing. Seeing the need to continue services, Volunteer Lawyers Birmingham transitioned quickly to a new Virtual Help Desk Model in order to provide uninterrupted legal assistance to our clients.

Things have changed a lot for our community. Unfortunately, home isn’t a safe place for everyone. During the stay-at-home period, domestic violence and dangerous living conditions escalated,

and we continued to see fallout from the pandemic.

Throughout this time, VLB did not miss a day of service, addressing the legal needs of low-income individuals and families in Jefferson County. Now that we’re moving toward a new normal, we are working harder than ever to help people get back on their feet using all the legal tools and expertise at our disposal.

Our clients need your help. Please contact us today to volunteer or make a contribution: 205-250-5198 or ghewitt@ vlbham.org.

BIRMINGHAM BAR BULLETIN

GETTING TO YES It’s a process. It has

ups

and

downs, twists and turns, brick walls and hidden agendas.

My job as a mediator is to help you get it right and get momentum.

Together we will get two... “YESES.”

Ken Simon Law 2125 Morris Avenue Birmingham, AL 35203

205.379.1029 ken@kensimonlaw.com Visit our site at www.kensimonlaw.com

What? There’s a law library?

By Mandy Haddin, Jefferson County Law Librarian I can’t count the number of times folks have come into the Jefferson County Law Library with a shocked look and exclaimed, “I never knew this was here!”

It’s rather disappointing to hear that, but it’s also very rewarding when that shocked Haddin expression changes into one of elation when they discover what we have to offer.

The Law Library was created in 1885 by the original 19 members of the

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Birmingham Bar Association. Since then, we’ve been collecting and recollecting primary and secondary materials for use by the Bench & Bar and the general public.

We are also a lifeline to other law libraries.

And yes, we have actual books! Some date back to the early 1800s, before statehood.

We even have one from the 1600s! Of

course, we have online materials, too — Westlaw, HeinOnline, and Alacourt — all free to use unless you print.

You can also visit our website, lawlib. jccal.org, and fill out a service request or reserve the conference room. Periodically, we have CLE opportunities, which are free.

Our staff consists of one law librarian (yours truly), and two assistants.

Combined, we have almost 50 years of law library experience. We can help you with your research (but not conduct your research), recommend resources and show you how to use them.

Except in the event of a government -imposed closure order, the Law Library is open Monday through Friday, 8:30 a.m. to 4:30 p.m. on the fifth floor of the Jefferson County Courthouse. When we are open, we hope you will visit, even if it’s just to say hello.

BIRMINGHAM BAR BULLETIN

Seven award-winning community newspapers & a full-service digital agency Sta r nes . med ia

Memorial Scholarship Contributions The Memorial Scholarship Fund honors the lives and memories of colleagues and loved ones and offers scholarships to law school students. The tax-deductible gifts are used by the Birmingham Bar Association to award scholarships to second-year and third-year law students at Birmingham School of Law, Cumberland School of Law, Miles Law School and The University of Alabama School of Law. Donations may be sent to the Birmingham Bar Foundation, 2021 Second Avenue North, Birmingham, Alabama 35203. For more information, contact Jennifer Buettner at 205-251-8006, ext. 3 or jbuettner@birminghambar.org.

We are thankful to the following generous donors for supporting this important scholarship program and carrying on a legacy of justice in future attorneys: ► In memory of Larry K. Anderson ○ Michael E. Riddle ► In memory of Reverend Tommy Chappell ○ Robin L. Burrell ► In memory of Thomas W. Christian ○ Honorable Quentin Q. Brown ► In memory of Norma Clotfelter ○ Robin L. Burrell ► In memory of Robert G. Esdale Sr. ○ Honorable Quentin Q. Brown ► In memory of David E. Hampe Jr. Massey, Stotser & Nichols, PC ► In memory of Francis H. Hare Jr. ○ Honorable Quentin Q. Brown

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► In memory of the Honorable Allwin E. Horn III ○ Honorable Quentin Q. Brown

► In memory of Charles E. Sharp ○ Honorable Tom King Jr. ○ John F. Whitaker

► In memory of Jerry O. Lorant ○ Barineau & Barineau ○ Charles L. Denaburg ○ Massey, Stotser & Nichols, PC ○ De Martenson ○ Vowell & Associates, LLC ○ Leila H. Watson

► In memory of Clarence M. Small Jr. ○ Honorable Quentin Q. Brown

► In memory of William H. Mills ○ Honorable Tom King Jr. ► In memory of Jack B. Porterfield Jr. ○ Honorable Quentin Q. Brown ○ Lee T. Clanton

► In recognition of the retirement of Honorable Joseph L. Boohaker ○ Lewis & Feldman, LLC

Special thanks to Honorable Michael G. Graffeo for awarding cy pres funds to the Memorial Scholarship in his Jan. 31, 2020, Order in CV 07-2297-MGG.

BIRMINGHAM BAR BULLETIN

Upcoming CLE Opportunities

Fourth of July fireworks. Photo by Sydney Cromwell.

During the COVID-19 pandemic and as necessitated by social distancing requirements, the Birmingham Bar Association successfully transitioned away from in-person CLEs to live online programs using a secure Zoom platform.

In light of the uncertainty caused by the pandemic and in the interest of continuing to practice social distancing, we do not know when in-person CLEs will resume. However, the BBA will continue using the live online method of delivering CLEs for as long as needed Please visit the BBA’s online calendar, birminghambar .org/events/event_list.asp, for the latest updates on available programs — whether in person or online. We will also continue to promote these seminars through our weekly email notifications.

Thank you for understanding, and we hope you will join us for one of our many CLEs!

Visit birminghambar.org for additional information.

Enjoy these Benefits of Birmingham Bar Association Membership As a member of the Birmingham Bar Association, you have access to discounts and benefits from the following companies. Visit the “BBA Member Discounts” page of our website for details: birminghambar.org/page/ Bar_member_discounts

SUMMER 2020

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Attorneys in the News Attorney Todd Harvey of Burke Harvey was named one of Birmingham’s Top 50 Over 50 for his civic involvement.

The annual award is presented by Harvey Positive Maturity, one of the region’s oldest nonprofits serving the needs of seniors.

Swift, Currie, McGhee & Hiers LLP announces that partner F. Lane Finch Jr. has been reappointed as chair of DRI’s Insurance Law Committee and Finch was reappointed to DRI’s Insurance Roundtable Steering Committee. DRI is the leading organization of civil defense attorneys and in-house counsel, with more than 25,000 members.

Strong

Harrison

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The Neutral S o l u t i o n , headquar tered in downtown Birmingham, welcomes local attorney Edward B. “Ted” Strong to its group of mediators and arbitrators.

Ogletree Deakins is pleased to announce the promotion of Josh Harrison to shareholder and

amicus curiae brief they wrote pro bono in support of the IMLA’s petition for certiorari in the case Chicago v. Fulton that the U.S. Supreme Court granted on Dec. 18, 2019.

Glenos

Lam

Gray

Scarpetta

Stokes

Carr Allison welcomes three new associates to the firm’s Birmingham office: Laura Lantrip, Ashley C. Scarpetta and Hannah Stokes.

Williams

to welcome four attorneys to the firm’s Birmingham office: Amy Quick Glenos, Sierra Gray, Tina Lam and David “Dave” Carl Williams Jr.

Dugan

Lantrip

Parsley

Partners Scott Burnett Smith and Alexandra Dugan and associate Stephen C. Parsley of Bradley Arant Boult Cummings LLP will receive the Amicus Smith Service Award from the International Municipal Lawyers Association (IMLA) in recognition of the

Huie is pleased to welcome Karen Berhow to the firm as counsel.

A lateral hire with 16 years of defense litigation experience, Karen joins the Berhow firm’s workers compensation, employment litigation and insurance defense practice groups.

McArdle

Walter F. McArdle of Spain & Gillon LLC was named to serve as the Education Director for the Commercial Fraud Committee of the American Bankruptcy

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Wallace, Jordan, Ratliff & Brandt LLC is pleased to announce the addition of Matthew Steven Hale and Ben Bainbridge Robinson as members of the firm.

Maynard Cooper & Gale welcomes La Kiesha Wright Butler to the firm’s correctional litigation group as of counsel. La Kiesha has extensive experience Butler representing clients in the areas of governmental affairs, law enforcement and civil rights litigation.

John J. Geer III, former Assistant U. S .

At t o r n ey for the Middle & Northern Districts of Alabama, has joined Starnes Davis F l o r i e’s B i r m i n gham Geer office as a partner in the white collar, compliance and investigations practice group.

Bradley Arant Boult Cummings LLP is pleased to announce that Nancy Williams Ball has joined the firm’s Birmingham office as a partner in the

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Sharff

trusts and estates practice group, while Rich Sharff has rejoined the firm’s Birmingham office as counsel in the health care practice group.

The Nomberg Law Firm is pleased to announce that David Nomberg is the new Chairman of the Board of Directors of Heart Gallery Alabama.

David has served Nomberg on the board since 2015 and previously served as Vice-Chair and Chair of the Governance Committee.

He will serve a two-year term as Board Chairman.

Mann & Potter P.C. is happy to announce that Corbin Potter has joined as an associate.

Busby

Hugunine

Sirote & Permutt is pleased to announce that Dan Hugunine and Winston Busby in the firm’s Birmingham office and Michelle Levin in the firm’s Levin Huntsville office have all been elected as shareholders of the firm.

William J. Baxley, who served as Alabama’s Attorney General and Lt. Governor, announces the relocation of his law practice. Mr. Baxley Baxley joins his former law partner, Joseph D. Jackson Jr., at the Baxley | Jackson Law Firm located at 300 Vestavia Parkway,

Bradley Arant Boult Cummings Potter LLP is proud to announce that it is celebrating the firm’s 150th anniversary in 2020.

Founded in 1870 in Elyton, Alabama, before moving to Birmingham the following year, Bradley has grown to 10 offices with nearly 550 lawyers in Alabama, Florida, Mississippi, North Carolina, Tennessee, Texas and the District of Columbia.

HAVE NEWS TO SHARE? Please send the information and a headshot to Alyssa Prater at aprater@birminghambar.org.

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