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IN THIS ISSUE 1998 SPRING A1mm~: ~:s ................ ,." .................. 222 t.AWY~:RS AssiST DlsAsn:H VICTIMS , , . , ..•..... , , .• , , . , , .•. , . , .... 228 SU~t ~lIT ON THE PI10 ~'&SSION: STOR~1 CI.OUDS CATI tERINC ON TH t: HORIZON, .230

AI,TEHNATIVE Dlsl'l1ll: R~:SOUJTION ARTICI.ES: ALABAMA SUPR~;Mt: COURT COW'IISS10N ON i)ISr'l1n·; RESQUmON ••••..•236

Tm: ALABAMA C.:NTEll Fon DISPlrn: Ih:SOLUTION, INC• .... . .. . " , , . , .237 t>11::1)L\TION Co~ms Of' ACE IN Al,..\!W1A ., ••• " ••••.•••• , ..... ," .239 MAKING PEACf. IN AI.AIWoIA ••.••.••••••••• • ••.• • ••...• • •••..•244

f'ACII.tTATlvt: Mt:mATION OR EVALUATI\!f. MWIATION: t.1,w YOUH CIIOICE B.: A Wise ONt: ." . . ,.,", ..

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REPORT ON MEDIATION PILOT PlWJt:cr OF TilE MONTGOMt:RY COUNTY FAMU.Y COURT ••... ' •••. , ••••..••. • •. ,250 Rlnxs ON TIlE AtAHA.'IA STAn: 1],\" Ih:SOWI'ION m' V,,:E DIsrorr.s •• , ••• 251

Ln: COUNTY DtS1I!1CT COURT VOWNTEER MEDIATOn I'nm PnOJECT . , ••. 254 COYEnNOR SIGNS EXWfl'IVJo; OllOt:R ENCOURAGINC USE OF MEDIATION UY STATE ACt:NClt:s , •..••••.•••...••••••••••• 255

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TItf: M ONTCO~It:1f{ Co~IMUNITY DlsP\1Il: RESOumON PRQCRAN .......• 256 UNIVl-;RSllY m' AJ.\lWL\ SCI[OOI. or ~IV ••..••... , •...• , , •..••••. 257 TI[t: INSTITUTt; roo DISPUTE Rr.soI.lfl'ION AT JONES SCI 1001. 011 1..A1V .•.. ,257 AOIl AT CUfomEIlt.'.ND SCHOOL O~' ~w OF SANFORD UNlVERSI'1"I' •••• , •• ,258 ENVlRQNfoIENTAJ. I..AW SECTION INITlAn:s CO~IM UNI'1"I' SERVICE I1wJECT ..•259 AI.AUAMA ACADEMY (W A1iORNi'; Y r.1t;I)IATOHS '·loI.OS FIRST M EETINC . , ..•260

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PRESIDENT'S PAGE I)y IJag Rowe

his is final report to you as pres路 ident of the ALlbama Stale Dar. T Past I'resident 8111 " alulon my

As quipped nt

this juncture in his term. "II motion for adjournment is timely and in order,"

However. before the gavel sounds and the curlain comes down, r want to share with you .some 0( my thOUllhl.5 and observations from the last 12 months.

Fir$t, [ e~ pres$ my profound lind si n-

cere thilnks to Ihe II l mo~t 12,000 membeu of the Alabama State Ullf for the honor and privile,e of serving as your president. As demanding, time.consum路 ing and sometime, frustrating as it has been. 1 will forever be grateful to you for this unique privi lege to !eM a pro.

"Motion for Adjournment"

Detl Rowe

. ao

JUlV 'GGO

fess ion that has bfcn 50 good to me.

One of the greatest pmonal benefits of my bar service over the las\ ten yeaTS has been the endlJring fricndship$ with so m.my lawyers who are giving th~ir time and lalenb Minessly and often without :!deQuate r~cognition or th:!nks to benefit this bar and our profession.

These chlllnpion! 0( our ptofc~5ion arc young and old, block und white, male and female. They come from the plain. lIff's bar and the defense bar, from solo practices lind large tim\!, and from !mall towns and big cities, They have 1111 found common ground at the Alabama State Bar, and they share a belief that Ollr prof~asion and our communities can be betler if we each lake our place at the table and then work together. n,e cr(-dit for this year's IIccomplishmenlJ goes to Ihel\t committed members, our bIIr staff, our commissioncrs, and my pteOece.uors ~ president I will highlight a few of these acoompli!hmenlJ: Public Ima". of Pro.... lon The image of our profession continlies to be il major (oncem of lawyers. In previous MPresidenl's Pages" and in my remarks to law studen15, 10 new ildmitleu and 10 local blT associations I h.ave stre!M!d the personal responsibilities of e:lch lawyer arid the need for rcnewcd

commitment to integrity, civility and service. In December 1997, in the interest of enhilrlCed profess onillism, Ihe Bo.1rd of !lilT Com mis~ ionc r~ recOmmendel.! to Ihe Alilbilma Supreme Court the adoplion of fltCl.E Rule 9 that would rcquire each nev.' admillee to the bar to undergo at least six hOUri or (rUining In profeuiOllllhsm within the first yellr after admission, In the ensuing monlhs Ihe training materinls halle been prepared and Ihe bar staff and the EthlCl Eduaallon Committee are poi5ed to Implement this important initiative as $O()n as it is approved by the Alabama Supreme COllrl.

The profession's image continues to be improlled by Ihe growth ~ nd ~ucces~ of the 1m's aWOlrd-wi nni ng f1nrlner~ hip I)rogram in which "lawyer "adopls" a single elementary etass and Ollcr the school )'far spends ten hOUri in that classroom (armed with lesson plans dcvel~d by the Americlln Bar Association) prolliding (ncouragement , instruction nnd n role model, Ile.llizing that the dedine in professionalism (and the result1nl{ dama~e to our profession's image) call only be re\'er5ed if Ollr )'Qunl{ liIW)'ers are an integral part of the "solutions," Ihis year the Commb~ioners apprO\l(!d a joint recommendation of tht Voung l.awy\lU ' Sectiun, the Solo nnd Small 111rm I'I'l\ctitioner8 COlllmittee and Ihe Committee on l.ocallhr Actlvltle. lind Servlcu for Ihe establishment of II statewide mentoring program, With the rapid growth of the ranks of lawyers and with over two-thirds of our practicing members either solos or In small firms, we belielle thaI our traditions of civility, professionalism and high ethical 51'1Ildards eM besl be paS5ed 10 succeeding "cneratiOTIs of Inwyers if each of us will sacriflc~ a litlle of our t me to mentor II young lawytr, (Conlinued 011 fJ(lgc 2(0)

Cumlberland School of Law Continunng Legal Educatnon The Cumberland School of Law at Sum ford University is indebted to Ihe m:LI1YAlabama auomeys and judges who contributed thei r lime and expert ise 10 planning and speaki ng at our educat ional seminars during the 19971998 academic year. We gratefully acknowledge the contribut ions of the fo llowi ng indi viduals 10 the success of our CLE programs.

M, CIIlY Alspaugh Orrin K. Ames, III Harold I. Apolinsky D. Leon Ashford

Dace S. Auffcnorde Lcsllc R. l3urincau Michael K. Beard 1路lon. Thomtls B. Bennett T . Brad Bishop

Lee Borden Karon O. Bowdrc

Deborah S. Oradell Altx:rI P. Brewer I. Ripon Britton, Jr. Richard J. Brockman Richard IZ. Browning

Jennifer M. Ousby Timothy A. Bush Hon. Jack Caddell

Mary Lynn Campisi W. Todd Carlisle Richard P. Carmody Rhonda PIUS Chnmbcrs John S. Clvils. Jr. John J. Colcman, III Edward O. Concrly !)ellne K. Corliss David M. Cowan Judi !h S. Crittenden Robert T. Cunningham. Jr. Richard E. Davis Thomas A. Davb Marcel L. Dcbruge Annesley 1路1. DeGari s Susan D. Doughton

Charles II. Durhnm III Tom Dutton Ann Z. Ellion Les Sturdivant Ennis R . Graham Esdall: Gregg D. Everett I [on. Sonny Ferguson. Jr. Frederick L. Fohrell Steven W. Ford LeiSh Ann Forstmon Anthony N. Fox Sherri T. Freeman Beth II. Gerwin Senator Doug Ohec R. Marcus Givhan Robert J. Goodwin Mac B. Greaves David J. Guin James B. Gunther. Jr. Madeline 11 . Uaika[n W. Mc oHum Halcomb O. Lee I-Iamilton.l ll l"I on. Arthur J. lI anes Froncis I-I. Ilare, Jr. Larry W. I-Iarper Rick E. lI arris J. Mark fl art JcfrcryJ. I[:mley Robert J. J ledge StcphclI D, I [ellinger Gregory N. I [opkins Clay 1I0rnsby Edwm E. Humphreys NornulT1 Jetmundsen. Jr. Robin Wmdham Jones

Jasper P. Juliano Leon Kelly, Jr. Hon. Robert G. Kcndall John T. Kirk Michncl D. Knight Robert W . Lee. Jr. John A. Lentine Thomns C. Logon Michael ll . Maddox lion. Morgnret A. Mahoney Dr. Doniel C. Morson Eugene D. Martenson Steven A. Martino Warren C. MllIhcws Daniel L. McCleave Bruce J. McKee J. Anthony McLain D. Todd McLeroy Thomas 1. Methvin Hon. Tllmara O. Mitchell Patricia N. Moore Mac M. Moorer Anne R. Moses Stanley J. Murphy P. Russel Myles Gcorge M. Neal Sleven L. Nicholns 'labor It Novak, Jr. Thomas L. Oliver II Michael R. Pennington Andrew j . Polls Thomas M. Powell Phillip I). Price, Sr. Patricia J. PrHchcl\ Hon. T. Michael Putnam

C. Michael Quinn Charles E. Richardson, III Christian E. Roberson Bruce F. Rogers Robert I} . Rubin Robert H. Rutherford, Jr. Lisa J. Slmrp Elizabeth H. Shaw John W. Sheffield Barber Sherling, Jr. WIlbur G. Silberman Kenneth O. SilOOn lion . James S. Sledge WIlliam G. Somervlllc III Willinm B. Stewart Anne R. Strickland lI enry C. Strickland Joseph W. Strickland James G. Swift Jo Alison Taylor I-Ion. William C. Thompson I-Ion. P. Wayne Thorn W. Lee Thuston WI lliam 1'. 1'raylor. III Ann G. Walthall Howard P. Wal thatl John F. Whitakcr John P. Whittington Robert L. Williams lion. 1'homas A. Woodall Michael A. Worel Jay A. York Anne R. Yuengert

President's Page

(Conti/wcd from fXI.'·g-'-/~9" 8)'------

Although We know that our profession cannot buy a good public image (we must earn it) and that we live in a society domimled by mass media. which often ignore ou r profession's value and contributions while exaggerating Our individulll nlld colltctive f~i1 urC5. television and radio are undeni· "bly valuable tools in influencing and sh:lping publiC opinion. With this purpose, the Board of Bar Commissioners entered into a contract this yellr with the Aillbllma Brolldcaslen Auoclalion under which the bu would buy $50.000 in television and radio spots and the broadcasters ""ould "match it by at least four 10 one." Sy Ihe httest estimales, we believe that (or O(lr investment we will receive by year-end a~ much as 5300,000 in air time.

Member Service.

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launched last year is now (ll!ly operational under the dhection of ils full ·time director, attorney lAul'll Callaway.

LOr-1AP providc~ inv~luable con$ulting selVices and a Bbrary of m.1terials to solos nnd 5011111 firms on topics rallging from how to start a new firm to comput· er programs for today'! law office, The Ailibamb LIIW)'eu A~ ~ I ~ tllnce Program (Ala. l'als) has continued to improve and expand its selVices to lawyers experiencing impairment from alcohol or other substance dependency through educiltion, advice, intclV('ntiOIi and referral selVice~. The Commissioners approved the hiring for that program of /I pllrl-time director to coordinate and mallage the Ala·Pals Program in coordination with the l.lIW)'c r~ IIt lp]ng LIIw)'eu (omm!llee of the Alabama State Bar. At a time when the oor is increasingly polarized and factionalized, the ASli is attempting to unify our oor and to foster a realization of wh.1t we h,l\I(: in common and how much we can accomplish if we "pull" to~cthe r. To l'tilt end. on HilY 14th we convened lhe 1998 Summit On The l">rofeuion with representatives attending fT(Jm the Alliban"" Trillll..llwyers Association. the AlabJrlkl Defense I..Ilwyers rusociation, the District Attorneys Association. the Crinlinlll Lawyers Association. Women in the Profession Committee, lhe Alabama ]...1wyers Association, and our appellilte courls and variOlLS judges associations. At this meeting. common issues f(lcing our profession were discussed. While this meeting led to no simple solutions, there was clear consens~l$ as to the need for a W(lrking relationship that could lead to resolution.

limd ~~~in ~nh~nced Our public image) by providing disaster response.

Members of our bbr. working in cooper, ation with local bars in Coffee, !'ike.

Hontgomery and Jefferson counties. provided pro oono legal selVices to victims of the flood in Elba and the tornado in Birmingham, Leal.tetlve Actlvltl •• OIIT member$ ilnd stllff al the ASH were active this year supporting needed legisl'ltion. Most critically, because the allorneyS representing indigent defen · dants in criminal c.ues have not had II fee incrense since 1981, the bar aggressively pushed passage of 11 ,8. 458. sponsored by lawyerl1egislators Demetrius Newton, Ken Culn, ~l arce ] lJIack and ~l lke ltogeu , and its senate counterpart. S.B. 431. snonsored by lawyer/senator Itodger $mllherman . which would have raised the hourly rale5 10 555 ~r hour in court or Out of courL To our delight. the bill p<ls~cd on the last day of the recenl legislative su51(11\. Unfortunately. probably due to SOllle last·minute misinformation as to the cost of this fee increne to the general fund (as well as the fact thlit this is an election year). Covernor James pock. et vetoed the bill. Allhough underst<mdably disaPllOinted. the ASIJ staff and supporters are encou raged by the legislative S(lnport of this bill and pl,lIl to re-i ntroduce it in the next regular or special session. Also at thaltime. the bar willllgain ~ uppo ri it! proposed Bamlry Act . which will make it a crime for lawyers lind !\(lIl-lawyetS to IIleg:!lIy solicit cases.

T••k Force.

Public S.rvlce The Fee Disl)ute Mediation program. which was laullche(l]ast year, is now fully operational statewide. This valu· able program provides 1I voluntary. non· judicial mechanism for resolution of fee disputes between lawyers and clients.

This mediation process doubtless will resolve milny disputes o\l tsid~ the baT'S disciplinary proceS$ and provide resolutiOn to emotionlll1y charged issues that create cnormous adverse Ilublic senti· ment fo r our profession when they are unresolved.

Earlier this year. ou r state bar also provided valuable selVicesto the state

8ecause the primary (unci ions of the bar relate to admissions and discipline and because it h~s been several years since these ASB resllOnsibililies have been critically studied Qr mat e r i~lIy modified. I appointed a Ta~k Force on Adm15ll10n~ chaired by attorney Robert Polb . prt~idcnl of the University of North Alabama. and a Task Force 011 Lawyer ])iscipline, chaired by Past I'residel\t Phil Adbl"8.

This year the Task Force on Lawyer Discipline has studied the entire disci· plinary process and will. in the early fall. milke its recommendnlions relative to such specific issues as:

Forms of discipline, c.onfidentiality and funding: (2) Approving, mor\ltoring nnd evaluating local grievance cOrl1millees; (3) Possible uliliUltion of adminIstrative law judges: and (4) J>ossible show tau~e proceedinAs for immediate suspension of lawyers who fail to respond to a grievance, We anticip.lte receiving the task force's report and recommendation in late 5ummer.

The Task Force on Admissions is focusinll on how 10 deal with the signif. icantly {ncreased number of applicants and the resulting undue burden on our !>;ar examiners. Thrs task force is consid· ering new testing products, such as the f'.lult1state Performance Test (H PT) and Multistllte Essay E~amlnation (m: ~: ) , currently used by several other states, to maintain the high Quality of the b.u examination while alleviating some of the tesl drafting duties of the bar examiners. We anticipate receiving this tbsk force's report and recommendations in late summer.

Because of the slashed funding {or Legal Service5 (with resulting cuts in ilS staffing and services) I appointed a Ulird t:t!!k force to study possible alternative funding for thi~ vllluable agency in Alabama. Chaired by past preSidents Sonny Hornsby and Ben lIamll, this task force is expected to complete Its analysis and make its funding recom· mendations berore the end of the year, (I)

B.r Survey ~'rom the Out~t this year, we realized that the state bar cannot adequately represent the dlver.;e interests of our membe r~ if we do nol know your con· cernAand circumstarlces. With thaI per· spective, the state bar has engaged Southern Opinion Huurch to conduct an extensive SUM)' of our members relMin" to adequacy o{ training, pay scales, income levels, applicable fee rates, technology needs and usage. specialties. bar services, etc. If you are among the more than 600 lawyers who wtre rarldor'llJy chosen to be surveyed, 1 urge)'Ou to complete YOllr Question· naire thoughtfully and conscientlously because the results of that survey will benefit our members in important

career decisions and your state bar in planning its ser'l.'ices, activities and programming.

Other Actlvltl••• nd Progr.m.

Of course, there haw been numerous other services, initia\i\es and programs (and, yes, some failures) of the AS8 this year. While I wi ll not try to describe such ~ct ivitles, J do exprU5 my sincere lhanks and abiding gratitude to so many who have v.'Orked tireleS5ly and unselfishly for our profe55ion and this bM. ~'i rst, I thank our txecutive di rec· tor, Keit h Norman, for his kindness, support and insight. I ill5() recognize and IIPpropriately praise the entire staff at the Ilate bar for their enthusiasm, ability and dedication.' am especially gratdulto my Executive Council and to the Board of Bar Commissioners for their commitmcnt and wisdom. and I heartily salute them (or a job well done.

AI~, 1exprus my sincere apprecia. tion and everlasting gn.titude to the members of my firm, Burr & FOnnan LI.I). fo r their unwavering encourage· ment and support. Serving 115 president of the Alabama State Bu consume! enormous blocks of time and I am indebted to my partners for affording me the privilcgc of this service. Special thrlllks also go to my office co·workers. )'am Morrlng. San. Chu tham ilnd Dot Bn nch\!, who have tirelessly shared (and oRen tarried) lhe load.

I cannot begin to adequately thank my wife, Mellsu , and my children.

Anna and Dag, Jr.. for their supllort lind p;lticnce. In {act, if it hid not been for the confidence and enthu!iastic encouragement of Melissa, I v.ould have with· drawn my candidacy for this position when it rC(lui red II contested election, In closing, I hopc you share my pride in this bar's accomplishments and my confidence In the future of our profu· sion, There remain. howeV(!r, ominous signs and serious challenges for our profe$5ion and this bar. I llIll fortified by my belief that my successor, Vic LoU, has the temperament, experience and wisdom 10 provide innovative leader· ship. 1 urge you to offer him your coop· eration and auistance.

Thank you ~ much for permiUing me to serve as your Ilresidcrlt. The experience o{ working for you, and with you. I will treasure for the rest of my life.

•

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EXECUTIVE DIRECTOR'S REPORT fly Keith 11. Norman

Looking Back on ADR at the Alabama State Bar

lternative Dispute nesol ution had itJ liMe b.!Ir btginnings in the early 19805. Nick Gaede of Birmingham chaired an ADR task force and was fol· 1000d by Wayl'l e A$hbte of Mobile.

Since my arrival at the bar in 1988, t have had the pleasure of working with and observing the leadership of five dedicated people. Rodney Max, Noah

A

Funderbu rg, Mlnh. 1I Tim berlakt. Bill and Siewn Ileneneld. who

Co l e m ~ n.

have led Ihe imponant work of this bllr group. Over the past decade, much has been achieved by the dedicated and hard.working I/lWYus of this committee

who have strived to advance ADR in Alabama. In this article, [attempt to recap some of the significant accom· plishments of this vitat bar committee over the COUTSC of the last ten )'e~T$.

1988·1889 Bar V•• r The AI)I{ Thsk Forcl! was chaired by Rooney Max. The Luk force had the fol· lowing scope and purpose: 1. To study and develop a mediation mooel in Alabama; 2. Consider divorce mediation; 3, Consider court procedures in court annexed Aon: lind 4. Consider proposals for Ihe legislature to implement arbitration procedures in Alabama.

The task force was divided into medi· ation and arbitration subcommittees,

~02

JULY lOUD

The task force spent m<»( of the bar )'tar working on an acceptable draft of a proposed arbitration act to replace the orillinal arbitration act adopttd by the Alabam.. Legisl:.ture in 190 1. The Bo;ard of Bar Commissioners approved the rec· Ommended legislation offe red by the task force although tile arbitration leg.

Islalion was newr introduced during the 1989 legisl&ti\'e session.

Work also began on uniform mediation guideline:;, Other issues studied by the task force included medi<llion in minor neighborhood disputes, labor dispules, domestic relatiom dispute$ and complex personal injury and commercial suits.

1889·1990 B.r V•• r Rooney Max continued as chllir and the task force's purpose and scope remained unchanged. Ouring this time. the task force drafted amendments to I~ul e 16 of the Alabama Rules of Civil l>rocedure to provide for the voluntary use of extrajudicial proctdures to resolve disputes and drafted accompanying Civil Courl "',>dialion Rules. These dr"ru were IIpprOV(:d at the recommendation of the task force by the Boord of Ibr Commissiorleu and senl lo lhe supreme court for 11& consideration.

1890·1891 B.r V•• r Noah Funderburg of Tuscilioosa became lhe chair of the AOR Task Force. two changes wert made in the

task force's purpose and seope. In addition to the previous charges, two additional charges ....'ere ;tdded: I. To consider tht feasibility of a statewide system of dispute resolulion through tile U5e of privately retained judges and reti red judges: 2,

ao' To publicize and educ;t!e the bar on

altern.'ltive dispute rewlution mechanisms and the benefits of alternative mean5 of dispute resolution including the development of CLE programs on alternative di!pute resolution.

Toward Ihese ends, lhe task force published a series of articles which appeared in The A!o/)(lmo Lawver magazine that detailed different forms of alternative dispute resolution. The lask force also developed several CL~: programs fo r bilr members on medialion alld other forms of ADH. 1991-1982 Sar V•• r

Nooh Funderburg continued as chai r of the task forct. The amendment to Rule 16 and the mediation rules were ildopted by Ihe supreme court, becoming effective August I, 1992_f'.1cdiation tr;tining was held at the state bar's 1992 Annual Meeting. The mediation training was conducted by the Center (or Oispute Settlements of Washington, D_C. The purpose and Kope o( the committee's activitics remained virtually unchanlled from Ihe previous year.

1992.1993 B.r V•• r

Marshall Tim~r1ake of Birmingham was appointl!d chair. Although the scope and purpose of the task force remained the same, the task (orce undc:rlook II number of new initiatives in furtherinll lhe task force's ch2rge, Included wc:re: efforts to encourage local bar associations to establish ADR programs: con· tinuing responsibility for statewide educational activities f()r lawyers: assistIng the Feder,,1 District Court (or the Northerll District of Alabama in implementing (orms of ADR in its local pro· cedures: developing corporate ADn programs: and helping plan, in conjunction with the state court judges' midwinter conference, an all.day progrllm on A])R. III :tddition, the task (orce undertook to organize a formal ADH center to coordinate all future ADn activities in the

state. The Boord of Bar Commiu ionen ildopted the recommendation of the task force to establish and house a Center for Dispute Rerolution at the state bar headqvaTten. The task (orce also published a book, AllematilXl Dispute Resolution Procedures ill Alabama with Mediafi(m Model.

1993-1994 B.r V•• r

Marshall Timberlake continued as chair of lhe task force, The scope of the tll5k force Wil5 e;.rpanded to devel otll ~ gis­ lation to implement a statewide ADH program and 5eek fundin g (or such program a5 well a.~ continued development o( a statewide Center for Dispute Resolution. In addition, the Boord o( Bar Commiuloners approved the task force 's recommendlllion for the supreme court to create a perrmlllel\t commiuion on ADR, On July I. 1994, Ihe supreme court adopted rules creating the Alabama Supreme Court Commission on OisP\lte l~e50I ution , The Center for Dispute nesolution become full y operational in August 1994 with a grant (rOll\ the Alabama l.aw Foundation and the hiring o( a part-lime director, Judy Keegan, The Boord of Bar Commiuionus IIpproYtd the rteom· mendation thal the task force become a standing commiltee of the bar.

1894·1995 B.r V. .r

Bill Coleman of Montgomery was appointed chai r of the comrllittee. The committee oversaw the operation of the Cen(tr for l)ispute Re~lu tion as well !IS continued to sponsor ....orkshops, semi· na r~ :lIld other educiltlonal programs acrO!.S the state. The committee drafted a code of ethics for mediators which .....as submilled to the Alabama Supreme Court. bsues of privilege for mediators (both liability and testimonial) were studied. Two nonprofit corporations were created to provide for the continued supervision and fu nding of the Center fo r Dispute I~esolu tion , The committee continued to work on II family law mediation project.

1995-1996 Bar V•• ,

Bill Coleman continued as chair of the committee. Funding was obtained for the Alabama Supreme Court Commiuion on Disputt Resotution.

The committee continued work on

developing a program for implementation in the area of domestic relations as well as rtcommencing work on a model arbitration act (or Alabama. Publicity, education ~ n d training for Alabama lawyers and judges continued as n focus of the committee and the Center (or Dispute Resolution. Interim mediator standards and registration ~ rocedu re5 were recommended as minimum $Iandards (or approval by the Alabama Supreme Court, The committee began considering community-based medilltion programs as well state administratiw: law ADR procedures, 1996-1997 Bar V••r

Steven I~c ndield of BirmIngham became chair of the committee. The committee CQlltLllued the previous work of the committee. Tcstlmoni .. 1 privilege legislation was introduced and passed.

The committee continued tu ciOAe work with the Alabama Center fo r Dispule I~eso li.a tion, as well as the AI~bama Supreme Court Commission on Dispute nesolution.

1997-1998 Bar V•• r

Stevell Benefield continued as chair of the committee. The Governor, at the recommendation ofthe committee, the Alab.. ma Center fo r Dispute Resol\ltioll and general counsel (or various $Iale agencies, signed an E;.rccutive Order encouraging state agencies to consider u5ing mediation to resolve disputes.

The fi rst printed edition of the Alabama Mcdi(ltor Rosier oo;:ame avail· able in June 1998, and the second edilion of }1II(!nltltiw l)ispute ResolutiolJ Procedures h' Alabama 'Pith Mcdiatioll Model wilt be available shortly.

AOR in Alabama has flourished bec.luse of the vision of the leaders of the ADI~ commiltu and the dediClition of the many lawyers who have served on Ihls committee, We can all be I)roud of what has been accomplished in such a short period of time, Alabaml's AOR program continues to thrive and grow in an orderly fashion. It has grown not out of necessity but as a .....ay to offer clients anothtr way to help them resolve their dispute~. Throullh ADR. we are beller st ewllfd~ o( the public's trust in helping them to resolve their d!sputes in peaceful .....ays.

• ~u~y

''''''''20l

ABOUT MEMBERS, AMONG FIRMS

About Member.

Alli80Tl Manhall Wright announc~s a change of address to J 17 Edgewood

private practice. Iii! office Is lOCated at 505 S. Perry Street, f.1ontgomery, 36104.

I l i~ rnalling address is P.O. Box 4100.

36103, Phone (334) 263-4 105,

Boulevllrd. Birmingham, 35209.

Plllrlcia Y. Comer ilIl1l0lLnCeS the

reloc.ltion of her office to The Massey Building. Suite 201. 290 21st St reet.

North, BirminAh<lm, 35203. Phone

(205) 250-7670.

Gill')' C. Young announces the rcloca· lion of his office to 2107 Fifth Avenue.

North, Suite 100, Birmingham, 35203.

Phone (205) 328·7546.

Richard W. Dell announces ~ change of address to 3000 l~i ve rcha5e Galleria, Suile 950, Birmingham. 35244. Ph(Jne (2051 985-3557_ Randy S. Arno ld

aMOUr'lCe~

the rel o-

cation of his office 10 100 W. Church Street, P.O. Box 1181, T'toy. 36081· 1\81. Phone (334) 670-9700.

Kt lll F. McDaniel announces the opening of her o(fice at 207 Montgomery Street. Suite 414, Bell Building, 1'>'lontgomery. 36 104. Phone (334) 269·5585.

Melinda l.ee Maddox .mnounces the relocation of her office to 109 Saint Jo~eph Street. Suite 106, Brewton, 36426. The mailing address is 1'.0. Box 1350.36427, Phone (334) 867·3377.

Andrew 1'>1. Skier. formerly deputy dis· trict attorney for tile Fifteenth Judicial Ci rcuit. announce.~ lhat he is entering

_I

"!liS""_

TlwAI"I>IHI",I""'l!<'r

J. William ~I aye r. formerly chief deputy district attorney (or the rirteenth Judicial Circuit, announces lIml he is entering private practice. I-lis omce is loc~led (It 3006 Jasmine I~oad.

Montgomery, 36111. Phone (334) 26905 11. !'!Ieade Frierson, III , formerly of the predecc$$or to MII)111!.rd, Cooptr & Gale. P.C.. IInnouncu the opening of his office :It 3940 Montclair Road. Suite 209. Birmingham. The mailing address is P.O. Box 130969.35213·0969. Phone (205) 879·9455, Itobble J. !'rlest. formerly of Priest & Dilvis. (lnnOllnCeS the openi ng of her omce locilted 1\t 412 S. Court Street, Shoals Office Building. Sui te 304, Florence. 35630.

Among Firms

The Social Security Admini' tnllon Office of Hearings ~ nd AIlIK!aI5 1I1lr\ounces thllt St~n S. Smith hIlS joined lIS slaf( attorney. Officl!5 are 10000led at Equitable Center. 15J5 1'oydras Street.

Suite 1600, New Oriellns. l.ouisiana 701 12. Phone (504) 589·2418.

Femll S. Andm, David A. Boydt, III and J. David Undy, Jr. annuuncc the formation of Anden. Uoyel\ & Brady, P.C. Offices arc located al3800

AirparllJoulevard. One Maison Bu!lding. Suite 303, !'!Iobile, 36608.

Phone (334)344·0880.

Hawthorne & Uawlhorne. I..L C. announces thilt C. Cib50n Vance h llS become a partner. The firm name has changed to l1awlhorne. Ihwlhorne & Vance. L..L..C. Offices IIrf located at the Bell Building. Suite 11 M, 207 Montgomery Street, Montgomery, 36104. Phone (334) 269·50 ]0.

Walston. Wells. Anderson & Bains, l..l.P. annou nces that Julia " ou

Cooper has become a partner. J)avid n.

Rlngelslein, II . Mlua I'. C(lltemond, J. David Moore and Erin O. Urookli have become associates. Offices are located ~t the ~·in(l.I\C ial Center. 505 20th Street, North. Suite 500, Blrminghilm.

35203. Phone (205) 25 1·9600, Ted 1.. MMn, formerly or Ted L. Mann, p,e. lInd David M. Cowan. (or· merly a member of Heninger, Burge & Vargo, announce the formil!ion of Mann & Cowall. I'.C. Offices are located a12000·A South Bridge Parkway, Suite 523. Birmingham, 35209. Phon~ (2051 879-9661. llare, lIair & White ar'lnounces that Allan Sidney Jones has become an asso· ciate. Offices hnve relocated to 1901 Sixth Avenue. North, AmSouth/Harbert Plaza, Suile 1500, Birmingham. 35203, Phone (205) 322·3040.

Callell, Iloward, Knab~ & Cuhb ~.

I'.A. ilnnour\CU thill C. Clay Torbert.

III hilS become II member. Dr)lan K.

1)N!scoll . Richard It Allen and nlchard II . /llarks halle become associates.

Offices art located at 57 Adams Avenue. folontgomery. 361G4. Phone (334) 241 ·

8000.

8all, Hall, Mallhewl & Novak, P.A, announces the relocation of their o((ices to 2000 Intm lMe Park Drive, Suite 204, MontgOOlery, 36109-54 13, The ltIailinll addrm will remain P.O. Box 2148, 36102·2148, Phone (334) 387·7680.

J ohn~ lon e,

Adams, Halley, Gordon &

llam., L.L,C. annDunces the OIX!l1 ing of the Baldwi n County office located at 104 Hand Avenue, 11.1y Minette. Charln C. Simpson. III and Lawrence J. SeUn have become members, lind Urock B. GonhlO and J, Connor Owen', Jr. have become of COIlrlsel in the Mobile o(fices located at 104 St. r rnncis Strtet. 8th Floor, t-lobile.

Andrew T. Cllrin ~n noutlces the reloClItion of his offices to 29000 High.....ay 98, Summit Building A, Suite 202, Daphne.

36526, George A. Martin. Jr. h.'\S beron'le an associate. Phone (334) 626·n66.

Caroline A.E. Smith announces she has taken a position as a trial attorney for the United Statu Depart ment of JUl tice, civil division. commercial liti· gation branch, federal claims. f~de ral circuit section. The mailing address i5 11 00 L Street , Northwest. WashinAton, D.C. 20530. Phone (202) 307·101I. Kell), Gallop Oavldson, forme rly of Webb & Eley. and Nelin a B. Thumas, formerly of James R. folcKoon. Jr.• hIlve joined Nlncy J. Dayi•. The J'irm name is Ollvls, Thomll8 & Oavld80n , Offices are located al324 E. Magnolia Avenue, Auburn. 36830.I'hone (334) 821· 1908, Schmlll & Harpllr announces that John C. Smith has become a shareholder. The J'irm's new name Is Sthmllt. lIarper & Smith, Offi ces are located at 213 11.1rnett Boulevard, P.O. Box 780608, Thllas5ee. 36078. Phone (334) 283·6855.

Flte, Davll. Atkin,on, Guyton & Oentley. P.C. announces thllt J. l)aryl 8url, Mark E. Ihmmille and It Scott

lIunl hnve become associates. Office$ are located lit 118 Military Street.

South, lIamiiton, 35570. Phone (205) 9'1 1·7878. Other offices are located at 735 U.S. Highway 43, Soulh, WinJ'ield.

35594. Phone (205) 487-4848.

Anne R. j\lolu and Patric.ill Y. Comer announce th~'Y arc sharing offi en al The Massey Buildin". Suite 201, 2901 21st Street. North, Dirmin~m. 35203.

Phone (205) 322-5232. (Moses) and (205) 250·7610, (Comer).

Peter Johnson Davia, formerly of Priesl & Davis. announcu Ihe opening of Oavi. Law ."Irm, located at 412 South Court. Suite 411 , Florence, 35630. Phone (256) 764·3322.

Jamu Steven Clem. formnl)' of Lucas.

Alvis & Wash. P.C" has 1'f1OCUl-d to tke Southeulem lAp ] Groull, located ot 1920 ll untington Ifood. Birmingham.

35209. Phone (205) 870·5704.

Terry Bullard and Tnnt Bullard of Bullard & Bullllrd ilnnounce that Gene Silencer has joined <15 a [)Mtner. The new name is Bullard. Bullard & pencer, Offices ate located at 21 I W. Main St reet, Suite II. P.O. Box 398, Dothan, 3630'1. Phone (334) 193·5665.

!'Iltman. Hooh . Dutton &: 1I0llis.

P.C. announces that !'alle A. I'oer.chkt has joined the firm. Other members are W. Lee I'iltman. Ken lloolu. Tom Dullon. L. Andrew 1I01lJ •• Jr.. Jeff!"e)' C. Kirby. Ralph Bohanan , Jr., Chris T, lIcllunli. Adam I'. /llord. Keith T. 8elt.

Jr.. Uobert !'otter. Leigh King Forstman. Chril lollher A. I'rice. and Michael C. Bradley, Offices are lot.'Ited at 11 00 Park Place Tower, BIrmingham.

35203. Phone (205) 322·8880.

RandalllJ. James, P.C. announces that Larry O. Daniel. Jr. has become an associate. Offices are locllted lit 611 S. Lawrence Street, f\lontgomery.

36104. Phone (334) 262·0500. /lllchael B. Bryan announces that he has become senior vice·p resident and general counsel of Hrlndlee /llollntllln Telephone Comp:l.O)' and executive vice-president of Brindlee Investmenl Partnership. I...L.C. Tht mailing address is 1'.0, Box 684, 11 3 S. Main Street. Arab. 35016. PhOllC (256) 586· 0803. Bryan has ceased the public prac· tice of law and closed his office located 1112 Office Park. 615 Cullman Road, Arab.

11011 , Mc Kcn~Ie . lIolt & /lluu leman announces a nllme change to Holt.

I\luu leml n & 11011. Members of the firm are Donald E. Iioit. J. Hen 1I01t, Lindsey j\lu u lemlln Ihvli, and Hiliph .; . 11011 , and Melinda A. ~l orlfan has become an msociille. Offi cn are locat· cd at 216 l)r. llicks 8oulevard, West, Florence. 35630, Phone (256) 766· 0503.

Chulta E. nobin. on. r.c. announces that Charita E. RobIn son .

Jr, has become a partner. The Mille has changed to HobinBon & /toblnson, I).C. Offices are located at 6th Avenue·Court Street , West, P,O, Box 370, Ashville.

35953. Phone (205) 594·5133.

I'atrick C. Davidson, fomedy with Walker. Hill, Adams, Umbach, Meadows & Walton, has taken a new rosition as corporate counse l with Prict 011. Inc, The mailing address is P.O. Orawer 210249, Montgomery, 36 121 -0249.

Phone (334) 277·0943.

Sirote & l'emlUtI anoounct!l that Run ell (drter Gache' has joined the fi rm.

OfrICeS lire louted at 2222 Arlington Avenue. South, Birmingh;lm. lS205. The mailing addreS$ is f'.O. Box 55727, 3525557'27. Phone (205) 933·7 111.

Maddox. Austill &. Parmer. !'.C. announces that M. Juon f\h:Culloch has become an associate. Offices are loc<lted at 2204 Lnkeshore Drive. Suite 215, Birmingham. 35209. Phone (205) 870·3761.

I'ano n ~ & Eberll/mU nnnounces the reloc.,tion of il$ offices to 820 Franklin Street, Iluntsville, 35801. The mailing "ddress remains P.O. !lox 534, Huntsville, 35804. I)hone (256)533· 2172,

Stone, Cn nadt & Crosby. P.C. announces that 1... 8r1an Chunn has become a shareholder and that Karen L. Thcker and JameJ Centry have

• become asS()(iales, Offices are located in Bay "linette, Daphne and Foley, S imon DOOO\'IIII, L. U', has relocated

offlccs to 1150 Financia l Center, 505 N. 20th Street. Birmingham, 35203. Phone (205) 324·2727.

Thorn ... Melnl & Cillis, P,C. announces that Jame. l.. Riche)' is of coullsel. Offices are located at 505 20lh Street, North, 1035 Flnllncilll Center,

Birm ingham, 35203·2605. Phone (205)

328-79 15, Stephen L. Johnlon anl1(luncts he hM joined Orion Con. ultlng. Inc.

Offices are located at the Penn CCllter West. Building Three, Suite 41 1, Pittsburgh, 15276. Phone (41 2) 788·

8355.

Vicker., Riia, MulTl,Y & Cumn.

L.L,C. announces that M, Kalh'I')IYI Knight has become II member. Offices are located at the negions Bank Building, Eighth Floor. 100 Saint ~'rancis Street, !,>lobile, 36602·3<108.

Phone (334) 432-9772.

Drew, Edt! & famham , L..L..J). announces that I1I')'ant C. Spttd. II and j\1. Krill! Wallace have joined the firm.

Offices are located at 880 W. Peachtree Street. P.O. BOl 7600, Atlanta, Georgia 30357-0600. Phone (404 ) 885· 1400.

C. J)avld Stubb., Wu le)' M. Jo-rye and Cenld O. Sill. announce the rormation of Stubbl. Silli &. F'!')'e. r.c. Offices arc located at 224 J Street, Anniston. 36207.

The mailing address is P.O. Box 2023, 36202. Phone 1256) 236-3600. lIunUn. Ethel't!dge &. Dowling announces that Sth'en C. Curti. has become an associate. The office is located at 185 N. 01tes Street. Dothan, 36303. The mailing address is P.O. Sox 1193,36302. Phone (334) 793·3377.

Siellhen LAnd J'olcDavld 3nnouncu the formation of J'olayo. McDavid.

P.L.L.C. Office; are locatcd 011 100 N. l..amar. Suite 200, Oxford, MiSSissippi 38655. I'hone (60 1) 236·0055.

Zimmennan &. ROlhschlld. L.L.C. announces that it hM relocated to 608 '1Hl

J ULY Hmo

S. I-Iull Street. r-lontgomery. 36104.

Phone (334) 262·2400.

Albrillon8. Clifton &. Alverton. P.C. announces lhal Jullt Sorrells Moody has become a sharcholder and the new firm nllme is A1brillon •. Clifton. AI\'eyson &.

Moody. P.C. Offices 1ft localed at 109 Opp Awnut. P.O. Drawer 880. Andalusia.

36420. Phone (334) 222·3 177.

Croulln. Slaten &: O'Connor, P.C. annOunces that Joseph l.enn RyalRhilS Joined the fi rm. Offict5 art IOCllted lit 207 Montgomel')' Street, Sullt 900.

Montgomery. 3610( Phone (334) 262-

8882.

Allen Tippy &: Alllochttu announcts its Ill.OW name. Offices nre relocated to 5905 Airllort Boulevard. Suite I-I, Mobile. 36608. Phone (334) 344-1220.

Dogg. &. lIilt announces 11\.11 Amy J. lIayel has joined the firm. The mailing address is P.O. Box 597, Clanton, 35046.

Phone (205) 755-1>638.

Lightfoot, l-' ranklln &: While, L..L..C. announces that William II. Brooh.

Sal'll Anne forti. M1dellne II. 1I1loia and J. Danks Sewell, III have become partners. The firm ~Iso announces that Suzanne Alldl'l!dge, Ivan C. Cooper, Uta W. Daniel. Anne Siku lIoms"y, and Stephen J. Rowe have become associates. Offien are located at 505 20th Street. North. 300 Financial Center, Birmingham, 35203. Phone (205) 581 ·0700.

1\I1b' &: Phlllp.ll announces a change of address to 1015 Montl imar Drive, Suite \3· 1, Mobile, 36609. The m.1iling address and phone nu m~ r remain the Sltme.

Chel')'l Blume Sbhl nnd John W. Stahl announce tht {ormation of Stahl &. Stahl. Offices art located at 1009 23rd Avenue, Suite A, Tuscaloosa, 35401. Phone (205) 345·9500.

Itlchud S. Jaffe. I'.C. announces II name change to Jaffe , Strickland.

Beal ley &. Orenn... (',C. O{f1ces are located at The Alexander l'louse, 2320 Arlington Avtnuc. Birmingham. 35205.

Phone (205) 930-9800.

T. Rhell Smith, f>.A. ;lIinouncC$ that Chri. lopher P. Janu has joined the finn.

Offices are located 011 714 N. Spring Street. P.O. Box 1713, Pensacola, 32598171 3. Phone (850) 438·1220.

Hell &: Nunnally. t'.L..te. has changed Its name to Uel~ Nunnall)' &: Martin. p.L.L.C. The firm announces that Don T. O'Uannon has joined as a principal and Heverly A. Whitley hll$ been named iI principal, and that Eric J. Golle and J'liark T. Oowney have become associnles. Offices are located at 1400 One HcKinncy Plllla. 3232 r-1cKinney Avenue, Oalla..s, 75204-2429. I'hone (214) 740-1400.

Jamu R. SturdiVAnt announces he Is no longer with the firm or l.i ~ht fOOI. ~'ranklin & Wh ite, L..L.C, lie has opened his practice. located al 300 21st St reet.

North. Suite 200, Tille Iluilding, Birmingham, 35203. Phone (205) 254-

0053.

Hobert J. Vane)' and William Z. Messer announce the fol'l1\lltion o( Vule)' &. ~I ener. t..L.I'. Offices are located at 229 S. McDonough Street. Montgomery, 36 104. Phone (334) 834· 7770.

Compton &: An odate•• L.I.. I'. a.nnounces a change of addrtss to 2000 ]'owers Ferry Road, Suite 200, HlirittUi. Georgia 30067·9442. Phone (770) 9880104.

Swift , Currie. McGhee &: 111m, 1,.L..p. announces Ihat Laura Jones FI'tnch has joined the firlll. Offices are located at 1355 Peachtree Streel, N.B ..

Suite 300, Atlantll. Georgia 30309.

Phone (404) 874-8800.

Feml1 S. Anden. DaYld A. H(lyell.

III and J. Oayld Brady. Jr. announce the rormation of Anderl, Hoyett &: Unod)'. P,C. Offices are located a.t 3800 Airport Boulevard, One Maison Building. Suite 303, Mobile, 36608.

Phone (334) 344-0880.

Vlclor T. Ilud.on and WlllIllnI W. Walt •• III IInllc)urice the formation of Uud50n &: WatU. L..L..P. Offices afe 10011ed al305 State Street Hobile. 36603. The m.1i1ing address i~ P.O. I~x 989. Mobile.

36601. Phone (334) 432·7200.

Richard C. Brock, formerl), an usod· ate with Armbrecht. Jackson, Demou)" Crowe, Holmes & Ref.'Ves, has become the director of attorne), rtcruitinll with Amlcu. Ltgal Starnnll. Inc. O((icts are located at 2340 Woodcrtsl Place. Suite 210, Birmingham. 35209. Phone (205) 870·3330, extension 102.

Michele C. Bradfom announces she has bun appointed to serve as backup judge for Cadsden', City Court. !"let offi ce is located lit 518·A Walnut Street, Cadsden. 35901. Phone (256) 549·0090.

Luker. Cole &. Auuclatu, L.L,C. announces that Jamu W. Woolley hM joined M an associate. O((icn are locat· cd ilt 2205 Morris ,\lIeiluc. Birmingham.

35203. Phone (205)251 .6666.

Robert K. Oawson announces Iht relocatioll of his offi ce to 1225 I Street.

N,W., Suile 500. Washingtoo, D,C. 20005. and the formati on of Dawson &.

Au oc!ales. Inc. Phone (202) 312·2005.

located at 710 N. 20th Sireet. Room 600, Cit)' l'lall, Birmingham, 35203·2290.

Phone (205) 254·2369.

Pierce, I.edyard. LaUa &; Wilden. r.c. announce$ that 'f'n,cy S. Guice has become lin associate. Offices are loca.ttd r1t 41 N. Beltline, Suite 400, Colonial Bank Centre. f>1 0bile, 36608, Phone (334) 344·5151.

Roge .... )'oung. Woliliein & Hughes.

L.I..C. announces lh<lt Donna Illin Madison has become an nuociate, Offices tire 10000ted at 1304 Qulntard Allenue, Anniston, 36201. Phone (256) 235-2240, Gl1u:e &. Shaw announces tha.t Julie L. Wills has become an associate. Offices are located at 108 N. Jefferson Street.

HuntslliIle, 35801. Phone (256) 534-0491. l'IUman. Manut l, Thompson &; Perry announces thallhe Birmingham office has been permanently closed, New offices are located at 314 Magnoli~ Avenue. ]llln~mll Cil)" 32401. The mail·

ing address is 1'.0, Box 710.32402, PhOne (850) 784·9000.

John. ton &. Conwell. L.L.C. announces that Arthur Lee "Illrtln. Jr. has joined lhe firm. Offices are located al 800 Shades Creek Ilarkwa)" Suite 325, Birmi nghnm. 35209. Phone (205) 414· 1200. lJIackbum. "Ialont)' &; Schuppert.

L.t.C. announces lhal II, WaUace IlIiuani. '" has become an associate.

Offices nrc located llt 20 1 2nd Allenue, S.E" 1'.0, Box 1469, Decatur. 35602.

Ib.tcher. Stubb •• Land. Hollis &.

Rothschild announces lhat C. "Iorrb "llIlIIn. Theodore 0. Morgan lind Teri Yancey Callahan haV(! become partners of Ihe firm and that W. Fr.ly .\fcCormkk and Orndley H. COt1tM!dge have become lI55OCiates. Offices are loc:ated lit 233 12th Slrttt. Suite 500, Corporate Ctnter, Columbus, Ceorgia 31901. Phone (706) 324·0201.

•

Sexton &. Jones, P.C. announces that William Z. Cullen has joined the firm, O((ices are located at 3021 I,()rna Road.

Suite 310, Birmingham. 35216. I)hone (205) 823·5515.

Laird &. Wiley. I'.C. announces that Ru uell 8. Robertson has become an associate, Officts are iQC.lted at 1700 Fifth Avenue. JIISpeJ". 35501. Phone (205) 22 1·5601.

Woodley C. Campbell ilnd W. C(lrk Campbell. Jr. announce. the relocation of Campbell &. Campbell to 422Q Carmichael Court. North, MOlltgomery, 36 106. The mailing address remains P,O, Box 5018. 3610J. l'hone (334) 396·0232.

T. Ol\'id Wu ton has become II pMt· ncr in Ihe fi rm of Campbell &; Labudde.

L.L.C.. changing the fi rm's na.me to Camtlbell, Labudde &. Weslon. L.L.C. OmCts are located in The Bell Building, 207 Montgomery Street, Suite 1000, f>1ontgomery, 36104, llhone (334) 2654477, Other offices are located in Anniston and Thlladtga.

A L R §

labama awycl'H

cscarch CI'V1CC

A St'r .. ice of The U"i .. uI;(r 01 AI.I...unA SdlOOJ or Law LibrA"Y

ALRS provides the fOllowIng researth servlees:

• •

Proparation 01Research Memos State & Federat Case Law Searches • Stoto & Federal Statute Searches • Slate & Federal Regulation Searches WESTLAW Searches • Leglstatlve Histories • • Cite Checkl~Shrsrdlzlng • DIALOG/ME LIN Searches • Newspa~r Searches • Intemet arches • Photocopy ServIce Alabama larzers Research Service University of tabama School 01 Law Post Office Box 870383 Tuscaloosa, Alabama 35487·0383 Phone: (205) 348·0300 Fax: (lOS) 348·1112 E-mail: ALRS OLAW,UA.EOU

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no. ~ I..Iwy.-"I A _ s..w;., 10

Jamu O. Love aI1l10Uncr:~ he has accepted a po6itioo with the City of Uirmlngham Law Otpartment. Offiware

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by III ..... l1li .... SChOOl III ... " _ _ 1'01 N "'~ :v:~. I_lion ~*1 by.... . 11 9 1IOf,

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'0'0'201

BAR BRIEFS

• Joe C. Cauady. Crtgory S. Cu.lmano, Keith

n. Nonnl n. Kennd h

C. Randall. and William O. Scruggs were recently ejected Fellows of the Americ,m BM

~·Oundllt lo !\.

The Fellows

is an honorilry orgllnLzation of attor· neys, judges and law professors whose prorcssiOt\III. plIblic Ilnd private careers have demonstnted outstanding dedication to the welfare of their communitiU lind to the highest principles of lhe

legal profession.

Established in 1955,Ihc Fellow§ encourage and support the rC5c1lrch program of the American Bar Foundation.

./oftc. ~

• Joe C. CaSiady of Enterprise is of counsel to the fi rm of Cassady, Fuller &: "1I15h. C..ssad} hM been a member of the Alabama State Bar Boord of Bar Comm i ~~ione rs since 1979 and Is 11 past vice-president or the state bu (1984· 85), lie is .. pa~ t president of the Alabamfl Defense I..a.wytrs Association (1985.86).

• Grego!')' S. CUl iOlano of Ga.dsden is of counsel to lhe firm of Floyd. Keener, Cusimilno & Roberu, P.C. Cusimano is a p.ut president of lhe Etowah County Young Lawyf!rs' Associfltion (1973·74), a past preslder't of lhe Etowah County Bar Association (1980·8 1), and a past president of the Alabama Trial L.lwyers AUQCifltion (1985·86), • Keith 8 , Norman of ~10ntlJom ery is the execut ive di rector of lhe Alabama State Bar. He it a past chair of the American Bar ,u5OCiation's Committee on Pre·Law Counseling in the Young Lawyers' Division ( 1989· 90). l1e is II past president of the Alabllma State ~Dn

~ULY

' .00

Keith IJ. Ncnnim

---

Bar's Young Lawyers' Section (1991 .92) and a past chair of the Montgomery County 111r Association's YLS (1987·88), • Kenneth C. "andall of 1\Jscaloosa is the dean of tht University of Alabama School of Law. Dean Randall is a member of the American Bar AsJociation, the Alabflma State Har and the

1\Jscnloosa County BiIT Association, I-Ie is the chair of the American Bar /\SsodilUon's Technology Committee in the Leg<ll ~;ducaliOr\ and Admissions to the Bar Section, Il member of the ABA's Law School Administration Committee.

Ilnd a member of the Association of AmcrlC3n Law Schools' Libr(l.ry and Technology Committee.

• William O. $(ru,,8 of Fort Payne is of counsel to the firm of Scruggs, Jordan & Dodd, P.A. ScruAAS served as president of the Alablllt'\ll State Oar from 1986·87.

He is a past chair of the Continuing Legal Educatiorl Comrlli~sion (]9SI·86), the Committee on Discipline. and the Committee on Profc5.!Iiona1ism.

• In addition, t'oo'O members of the AI:.b:una Siale Bar, Hlchard Bound8, a member of Cunningham, Bounds, Yrulce, Crowder & Brown in J'>1obile, and L, VIIAthl£ Stllbln, a member of Walston, Stabler. W~l1s, Anderson &; Bains in Birmingham, w~re honored as Life Fellows of the Americ:.n H:.r Foundation at the 42nd Annual Muting of the Fellows, • 1~llrl e f: Lau d er, Hpartrler in lhe flrm of Pope, J'>lcGlamry. Kiij)alrick & Morrison, was recently nominated 10 become treasurer-elect of the American Bar Association. Lasseter's nomination will be presented fo r election to the ABA House of delegate~ during the 1998 ABA Annual f.leetlng in Toronto In Aull:ust.

The ABA is the world's larltcst voluntary profcsslonIlI1lS5oci.ltlon, with member· ship In 1991 more than 392,000 (346,00{) of those being lawm). l.as5eter previou.dy served u a member of the Judge Advocate Ceneral's Corps, He is a member of lhe boards of governors of the Slate liar of Ceorgi/l and the Alabmna Trial Lawyers Auociation, ilOd is a member of the Alabama State Ilar and District of Columbia IUlr.

He is II gradulite of Auburn University and the University of Alabama.

• Nine members of the Thliapoosli Count)' Hnr Au odallon were recently honored for their year5 of service. The), were: Sim Wl1banks of Alexander City, who began Ilracticing law in 1936; Tom F. ,'oung of Alellanc.ler Ci t)', 1938; I~uth S, Sullivan of Camp HIli. 1955; John Tom Ih dnt)' of Alexander Cit)'. 1960; Charlet C. Reynoldl, Sr. of Alexander City. 1953; J ~n n i~ Lee Kelley of Alexander City, 1970; Churlu n, AdDlr, Jr. of Dadeville, 1948; John p, Dillon, IV of Alexander City, 1954: and John P. Oll\'er of Blue Creek, 194 .

Also, omcers elected (or th~ 1998 bar >oear are: Tom F, Young, Jr" president: rtlarlc Allen Trtadwell, III , vice-president; ,md Jeulca Kirk. secretary-treasurer. •

F OR

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MEMORIALS Wiley Phillip Henderson

W

BentOn: and three grandchildren, Wiley Phillll\ ilenderson, III . Elizabeth D. Henderson and Jmhua M, Henderson.

- Charles It Godwin I'resldent. Esca.mbla County Bar AuoclllUon

iley Phillip J Jendcrson P<lsr.ed IIwayon October 16. 1997 <It the age of 7 J in his home in Flomaton, Eseambill Count)'. Alabama.

Wiley Phillip Henderson "'iIS a lifelong resident of Flomaton. He f<l rned his bachelor's degree in commerce and business "dminislr<ltion and his Juris Doctorate from the University of Alabama. I-Ie was

11 There,l$, the 'tallapoosa Coun!y Ibr

admitted to the 1\1011).1111<1 State Bar on June [3. 1955. lIe sClVed as a nut lieutenant in the United St.ltes Air Foret in

m~mo!)' of Charles Crady Reynolds, Sr.• a di$li nguish~ member of this a.uodalion,

the Judge Advocate Ccneral'~ Corp~. III' was engagt-d in lhe private prOlctice of J~w

Charles Grady Reynolds, Sr. WW Association wbhes to honor the

who died on F'ridlly. March 6. 1998. lind Ihe ,,:uodaliOr\, desiring to remember his name "00 recognize his contributions to in his hometown of Flomat()(l from 1957 our profeS5ion and til this community: until ]9fi5 when he was appointed to the rlO'n" therefore, be it remembered. office of District Attorney 0( Escambia Charles Grady Re~'I1Old5, Sr" kl'l(M" to Count)'. where he served for more than 21 all of us as "Charlie: was raised in years. Upon his retirement in Janullry Chambers County, Alabama and graduat1987. the Alabama Senate passed II resolued from Valley Iligh School. /-Ie later lion of commend.l tion (or his exemplary Illiended Auburn UIlIIICrsity ~nd gradIJ41!service to f:scambia County. cd from tilt University of Alabama School He was a member of the I::scambia of t..1W in 1953, ChaTr~s Crady Reynolds.

County Bar AsliOtiation. Alabamil State Sr. $4:rvcd two terms in the Aillbam,a SllIle Oar, American Bar AssOCiation. National i.egistalure. being the youngest member District Attorneys A$$ociatiotl, Alabama ever cletled to the I k)1I$e of DI~lrict Attorneys Auociatlon. Imd Phi Ileprcsel\t.1ti~. l ie began his law pracAlpha Delta Law Fraternity. He WM a tice in UU'lttt. Alabama and later nlOlled Master fot ason. 32 Degree Scolli ~ h his praclice to Alexandu Cily and became night , Noble of the Mystic Shrine, a general practitioner in the fullest sense.

Escambia Courty Shrine Club, and the Dtlring his laUer years he devoled much Fraternal Order of Police and was listed of his practice to the ~'edera l UilnkruPlcy in \I/ho's Who of America. He served on Court. lie was also a member of the ~'irst the Advisory Board of Directors of the U. ' plis!

Church in Alex.clI1(ler Cily, United Bank. He was an aircraft pilot Alabama.

I-Ie was Iltenadous advocate and at one lime held il temporary flight who was firm and effident in his repreinstructor's rating. lie WOlS a longtime !ll!rlIOItion of clients but, as all grcat men, member of tht First Baptist Church of he \I'as COIlSt.1ntly aware 01 the impor_ Flomaton and In 1981 was ordained as a lance of courtesy. Charlu Crady deacon In his church.

Reynolds. Sr. \I'as re(Ognized by Ihe Wiley. who I\'JS loved and respected Thlillpoosll County ~r Association on by lhe members of the bench and bar of Jllnuary 22, 1998 for his lelldership, many Escambill County lind the citizens ~'ears vi exemplary service to the public whom he served, is survived by one and excellence in the leg.ll proft'5/!iion. brother. AUen Ilenderson, Jr.; his wife, He W II$ never too busy to t<lke time 10 Willneila; one son. Wiley Phillip offer <lssistllnce 1 0 those who were in J lendcl'$On. Jr.; thrce daughters. Rachel need. whether clients O r acquai nl,u\Ce5.

Ilenderson Bickerstaff. Chllriotle It was evident in ellch day of his life that Ilenderson and Victoria Henderson a,o

~UlY . ~ o.

cour\tSy and consideration wtre his outstanding traib and which will be mi55ed the most by thost with whom he associated.

Mr. l~eYnolds was a dLwted father and family man, leavinA sUMJing him his wife, Bennie R ~ynOld5: two son.~ and II daughter·in·law. Charles G. Reynolds. Jr., <I local allornty. and wife, P<ltty I~eynol d$. and Michael Hcynolds: three daughters and tl\'O sons·in-Iaw. Carol It f.l ir'II\\Or\ and husband. Jtques f.l iramon: Rene It fo1ason: and Hita It Harris and husband, Dr. Lewis Harri5: and ~n grandchildren. Bridgett Miramon, Breit Miramon. Blake fo1 iramon. Brock fo1iramOll, Brooke MirilrTlOn, Elana Heynolds, and Mar5ha Mason. lie is survived by his thr« brothers and sisters-i n-law, Hugh O. neynotds and wife Donna Heynotd!; mil Heynolds and wife Jackie Reynolds and Donald Heynold5 and wife Judy Ileynolds.

NO'n', therefore, be it resolved, by the ThII:II)()()$3 County &.r AMocilltion on the 16th day of March 1998, thai the As.sociation mourru the !)Wing of Charles Crady Reynolds, Sr. and acknowl. edges his long and honor~ble service to the aMOCialion. his profession and the community and that this resolution be offered as a memorial to his family.

- TOni F'. Young, Jr. Pre. lden!. Tallapoou County Bar An ociation

a.

Eugene M. Zeidman Eugene M. Zeidman, age 93. of BirmIngham. died lit his home on Friday 17, 1998, Funeral 5erviceswere February 19, 1998, al Temple Belh-gl cemete!),. '\n attorney and longtime leader in Birmingham's Jewish community, Zeidman is survived by his son, Philip ~: Zeidman of Washington, D.C: his dlluQhlH, Adele Z. Silver of Clevelllnd.

Ohio: fi ve grandchildrtn. Johnathan, Michliel lind SMah Silver, lind Beuy and Jennifer Zeidman; two great.grandchil.

dren. II i5 wife of 57 yean. Ida Fisher Zeldm:lrl. and a grandson. John Fisher Zeidman. predeceased him.

Zeidman was born in St. Joseph. f.1 lssouri and the fam ily moved to Birmi ngham during his early childhood. A graduate of Phillips lligh School. Ihe University of Alabama and its Irtw 5chool. he beglln the I,ractice of law with A. Lto Oberdorfer. In the teeth of the Depression. he struck out on his own. ~'or the nul five de<:ades. he was emntially a sole practitioner and coun· selor for his busineu clients and thei r families.

Born and married Into f'jmilies com· mitted to Judaism and Zionism. ,.lr.

Zeidman made th()se values his own. He wa5 an eager and skilled debMer in hil1h school and college, and throughout his !ife untiringly used his talenu to advocate fo r synagogue and community projccU, for Ihe rescue of European Jews, lUld fo r the establishment of Ihe State of Israel. He served as chai rman or presi. dent of severalle""ish organi ~lli ons, among them The United Jewish Fund and Temple Beth-E1. One of his great joys .....as the honor his synagogue ann\l' ally offered him. to assume a ceremonial role In the religious service of Yom Kippur. the holies1 day in the Jewish calendar.

- Ph illip F. Zeidman Washlnglon. D.C.

John Thomas Black John T homll~ Black died Oclober 31.

1997. Jay. as he was unive r~'ll y known, was born in Crossyille. Alabama in 1916, Ihe son of HillilJrd Brown Illack and Victoria Weathington Black.

After graduating from tht Univtnity of Alabama, he taught school bridly in DeKal b Counly and then enlisted in the U.S. Army.

Jay was a paratrooper in World War II and made Ihe glider landing at I).day and IMer Ihe jump across the Rh ine.

After Ihe ...:ar. he graduated from the University of Alllb'lJl1a School of Law and commenced pri\'lIle practice in Fort Payne. Shortly thereafter, he was

reellll ~d 10 aclivt d\lly for the Korean conniel and sClV£d as the exccutive offi· cer of 18711'1 Regimental Combat Team (Airborne), Ilnd the 3251h. l ie retired as /I full colonel in Ihe Army reserves.

After returning from the Korean war. he was elecled Ci rcuit Soliciior. (now di~t r ict attorney) of the Ninth Judicial Ci rcuil which included DeKalb. Jackson and Cherokee counties. lie was a prQ5ecutor from Ihe old school and was fearless almost lolht point of recklessness. His ability on cross·examination was lengendary.

Before the day of youthful offender sta· tus Imd diversion. Jay dl smimd many cases when the youngorfender enlisted in the regular Army.

A relative of Hugo Black, lilY PTose· cuted a number of ~' h le-on-black crimes and in spile of Ihest high profile cases. continved to be re-elected during the 19605 and '705. He often stated lhal he did not believe in civi l righls. but he just did not like criminals. Jay was one of the Intended victims of HUAh Olis Bynum who did bomb Judge Loy Campbell. Those events are deJCribed in lAU DoI.L'TI With /Jogs.

After his retirement lIS diSlrict altor' ney. he was chairman of the board of ~'i rst Federal Bank and was instrumenlal in the expansion oflhe DeSoto Country Club. Jay then moved to Florida and died after ~ brief illness al the age of 81.

He is survived by his wife. Jean Black: his daughter. Elb.abclh Black Auman; his son·in·law, William Auman, a lawyer in Chllrlotte, Norlh Carolin.,; and his nephew. William D. Scruggs, an attorney in Fori Payne.

- W.D. Scrultgl IJlyne. Alabama

Whercllll. following law school, Taylor joined Ihe FBI and c.lme to Gadsden in 1947 M Ihe IIgent In charge of a four· county IIrell, lind in 1950 enlered the insurance business. in which he remained for 45 yellrs; lind Whereas. Taylor was a stlong believer in commun ity and church life through· out his years, serving as a member and officer of numerous organiUltions Including the Gadsden R OI~ry Club, American Red Cross, Cadsden Association of Life Underwriters. and many others. and as an active member and former senior warden and vestry member of the Episcop<ll Church of the Holy Comfo rter; and Whereas, Taylor lIardy was admired and respected by his large circle of clienls and friends. and was known to e51.'11e planning 11IW)'ers liS an authority on wills and trusts with particular emphasis on the use of life insurance in the fo rmulation of estate plans: and WherellS, Thylor Hardy was a gentle· man of grace lind dignity who is missed by his fellow IlIwyers and mourned by his loving family. including his wife of 58 years, Ethel CIIrter Hard;-: his son. ~:.

Thylor llardy. a member of Ihe Alal).,ma State Bar; and his daughter. Sidney I-Iardy Powers: and five grandchildren.

Now. therefore. be it resolved by Ule Etow:th County Bar Association that it mourns the death and honors the memory of ib friend.W. Thylor t-Iardy, and be it further rt.Solved Ihat this resolution be spread upon the minutes of this a~· cialion and thai copics be forv.'arded to members of the W. l'dylor Hudy family.

- W. R08COC Johnson . III I'ru lden!. Etowah Counly Rar Auodation

W. Taylor Hardy

Walter Bruce Henley

Whereas. Ihe Etowah Courlly Bar has lost one of Its senior members, W. 1'<Iyloy Hudy, 10 dealh on t>1:l.Tc:h 25. 1998, in Cadsden: lind Whereas. Thylor lIardy graduated from ,.lontevallo lI igh School and earned undergraduate and la ..... degrees from Ihe University of Alabama; and

Walter Ii. Henley, age 72. II I/lwyer in Northl)Qrl and TuscalooSD since 1954. died April 25, 1998 at his home In Northport. He had battled (~nce r for mort than four years.

110m on II south Alabama farm near Rome in Covington County. Ilenley served in the NallY during World War II.

A5~oci lltion

~UlY

. ODO 12 ••

Fallowing the war, Henley completed pre.law studies al Springhill Coilege in Hobile and received his law degree (rom the University of Alabama in 1952, Although defeated in a race for circuit judge In 1958. he was apPQinled to the circuit court in 1964 by former Covcmor George Wallilce to fill an unexpi red terril.

He was a membu of Ll'lJ! American Bar A~i\Odation, the Alabama SUllc Bar :1I1d the Tu$CIlIOO.\il.llllr A~socilltion.

Henley developed land ncar L.lke Thsca loosa and north 'fuscaJoosll coun ty including Spencer's Cove. North Riviera, North lliver Shores, I'll. Laurel and Barberwood.

He was.l member of the Ilo.1Td of Education of the Binninghilm [)iocese of the Ciltholic Chllrch in the 19805. He $olnl:l in the choir of the Holy Spirit C"lholic Church where he wa.~ a member. III.' W(U alitO a menlber of Llu~ Knights of Columbus.

Survivors include his friend, Dot Lucas; two dau~htc r5, Terry j'lenley WooslC)l of Montgomery and Sioux l'IenlC)l Campbell of f>1:lrielta , Ceorgia; two sons, Haymond

Henley or Douglasville, Georgia and Walt Henley of Binningham: eight grandchildren and one greal路gr;mdson. He is also sUlvived by his brother. Bill Godwin of PleaS<1nt Home and two ~isters, Mllrtiel Matthews of CrO\le Hill and Susie Willimns of t.lobi le.

- A. K. Cllllllhlln Tu scaloosa, Alabama

Hugh Edward Rozelle Hugh Edwllrd Rozelle pllssed aWIlY on ;'1arch 2, 1998 at the llge of 82 in Voley, Alabama after a lengthy illness, Judge Hozelle was born in Ashlimd.

Clay County, Alabama. He resided in Atmore, Alab<.1fTlil for more thnn 50 ye~rs and lived nart-timeln Cilif $horf!s .

Alab..lma. With the encouragement of his uncle, H\lgo Blm.:k. ~'\QCll1te ju~ t ice, United State Supreme Court. he earned hIs ulldergraduate degree at Natiotull University in Washi ngton, D.C, nnd his Juris Docturate from George Washington University, Mer law .school. he \\.'Qrked on

the staff of 8cnator Lister Hitl. He $erved in the United StMCS Army in Eurol)('. during World War II. lie was tnllaged in L1le private practice of law in Almore, Alabal'lkl bcgiMing in 1948. He also senled as district court judge (or 16 years before retiring in 1981. After his retire路 ment. Judge Rozelle practiced law in Honroeville and Atmore until late 1997.

He was a member of the Esc.lmbia County Bar Association, the Alabama State Oar and numerous other prQfe~路 sionalllnd civic orgallizations. lie was also a member of the Finl United Htthodist Church ill Atl'llore, Alabamll, Jlugh. who "'as loved and respected by the member5 of the bench lind bllr of Escllmbla Cou nty IIlld the citizens whom he served, is survil'ed by one brother, Albert Lee Rozelle, olle sister.

Audrey Iliddle: his wife, Mary Jane Rozelle; one son. Hugh Edward I~ozelle, Jr,: and hvo grandchildren, Lee Itozelle and Ashley fl ozelle.

- Charle ~ R, Godwin CommllU loner, 2hl Clrl!uit. Atmore

Edwin I.. Davl3

rut JoneA

Onnond Somerville

Troy t\dmiruu/: /94 0 Died: Mag 13, /998

Monfgomerll Admitted: 1981 Died: Mardl.1l, 1.998

WarriOr Admilll.>d: 19!i3 Died: Apdl 19, 1998

lrondaie Admilled: 1926 Died: March 21, 1998

noderlck Beddow, Jr.

Woodford Wyndham Dinning

William Bryan McClure, Jr.

Alfred Gaatnn Swedlsw

f)(I/I(lS, TI!X(I.I' Admitted: 1.972 Dled: N(ly 4, 1,998

11irmil1.Qhorll Admllled: 19.19 })led: J(JI/Uary 6, 1.998

J. COll ilor OWell$, Jr.

James INward Thornburgh

/)ay MilleUe Admitted: 1951 /)ieri: ft/urr;h 13, 1.9,98

liirmill.qham Admilled: 1,982 })ll!d; Morclll6, /998

Chnrle. Cl'lIdy Ileynold" Sr.

William O. Walton. Jr.

Alexander City Mmflled: 1953 Oil-'ll.' March 6, 1998

fAra.lletre At/milled: 1,952 Dil!d: March 22, 1998

David L. n08enAu, Jr.

Cary Wayne Wuton

Arhells Mmil/ed: 1925 Died: March 13. 1.9.98

lVardor Admilll!d: 197:) Died.' May 1, 1998

Ralph Wyatt Adhnll

Birmingham Admilletl: 1950 Died: Moy 13, 1998

George Alexander Black

Demopolis Mmifted: 1941 Dil!d: May I , /.998

ee,/CV(/

Emily B. G/luenhehner

Admir((!t/: 1952 Died: Decqmber 19, /997

Montgomery Mlllilfer!: (974 Died: Ilpril28, 19.98

John p, Buck, Jr. Northport Admitted: 194,9 Dii,'(/: Jal/(l(Iry 24. 1998 Wllli~m

MkhlleJ Clarke

lIai'dy W. 'TliIytor Gadsden Mmitte(l: 1942 !)led: March 25, 1998

Nobile

Charle. A. L, Johnstone, Jr.

Admitred: 1950 Di('(/: January 25, .199$

lJirmillgham Mmiffct/: 1934 Dicd: />I(lreh 3. 1998

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BUILDING ALABAMA'S COURTHOUSES Ily Samuel A. Rumore, Jr.

rcnshaw County

early Alabama piont'er whose movt to Alab.'lm;t C.\rt\t ill the)'eM 01 statehood.

Anderson Crenshaw WII5 born in Ihe renshaw Count}' W;IS trClltcd duting

the period of C Alabama history. It did n{)t exist during l~eco n5truction

Crenshaw County Established: 1866

The following continues a history of Alabama's county courthQusestheir origins and some of (he people

who contributed 10 their growth. If you have dt/y photographs of early

or present courthouses, please forw(mi them to: Samuel A. Rumore, Jr., Migliol1ico&Rumore. 1230 Brown M(lrx 1bwer, Birmingham,

;\labama 35203.

214

~UlY

111110

Newberry Dist rict of SOllih Carolina on May 22,

1783. It Is reported Iha\ he wa5 the fint graduate of the Soulh Carolina College at Columbia that became the Uni\'efsity of South Carolina. lie studitd

the Civil War and J\O major battles or even small skirmishes took place in the territory that would become Crenshaw law and began a law pratt ce in 1809. By County. Union trOOJls did POI" through 1812 he was a member of the South the area once near present-day Carolina legislature. In 1819 Crenshaw Honorlwille. The only losses came from movc~ to the c"pital city of Alabama at the pantries lind smokehouuslhat were Cahnoo and practiccd law there, raided, But many of the 50ns of Ihis Wh ~n Alab:lmll Dccllnlc 11 state in land failed to return home (rom Ihe 1819 there wcre five judicial circuits. In W3l'. The establishment of a ntw county those days the ci rcuit judges meeting as in this area provided the residerllJ a a body ser. . ed as the Supreme Court of fresh start in their st ru~le against the Alabama. When a sixth jldicial circuil hardships of Iteconstructlon. was createti in 1821. Antier$On Crenshaw County Is 1\ SOl:,!! wedge of Crenshaw became that circuit jutillc. lie land in south central Alabama that is also bec<lme the sixth member of thc squeezcd t>et ....'een Pike County on the Alabama Supreme Cour\. Hc scrved as a u.st. IJulJer County on the west, Montgomery County on the north. and Covington County on the south. It is also bordered by l.owndes County on the northwest and Coffee County on the 50utheast. This primarily rural and agricultural coun ty ~xttnd~ approximiltely 40 miles north to south and 18 miles tastto west.

The land for Crenshaw County was carved Qut of IIJ su rround路 ing neighbors. t}Ccept ror Montgomery COllnty, by lhe Heconstruction Leglsillture, The legislature eSlilblished Crenshaw County on N()IIcmber 24. 1866. AllhoU5lh the county only dales b.lck to the ~ COUlrl, CourlhouM - COfllpN11fi Mat 18981md l~econ5truction Era, iL~ nnmcsake, Jc.moI;~ MoJV 1955 Jud5lc Anderson Crensh.1w.....路35 111\

mtmbtr of Ihe supreme courl until 1832 when a scpantle supreme cou rt was cre· ated, consisting cI three judge! with six-year term!.

Though he " 'll$ "de moted ~ from the supreme court.

Crenshilw remained as a d rcui l JudRe until 18.19. In that yellr. a chanJ!e In 1\labllmli law gave him another opportunity to serve Ihe people of Alabama.

In the originlll Constitution of AI~bama. the legislature was given Ihe power "to establish a court or courls of chancery with original and appellatejurisdk.

19/ilj Cf:IllrthollStl tion. " The Constitution 11150 stated that "until the establishment of such court or courts. the $<lid jurisdiction Shllil be vested in the j ud~u of the ci rcuit courts respectively." On January I. 1823. a body of rules governing proceedings in chancery suil!! went into effect. t-IoweV(r. in the early days of Alabama there "'ere few eqUity tYI~ actions and so all such p roceeding~ continued in the va riou ~ circuli courts.

On Jnnuary 26, 1839, the legislnture recogni~ed lhe need for separate chancery courts and established two chancery divi· sions consisling of three distrkll each. One division covered north Alabama and Ihe other division included sollth Alabama.

All equity powers were withdrawn (rom the ci rcui t courls and placed in the courts of ch.mcery. The Legislature c l cc t ~d the two chancellors-one to serve the northern division and Ihe other to $erve the wuthern. The first chancellor for the southern division was Judge Anderson Crenshaw.

The chancery system expanded (Mr lhe years. A middle division WIIS created in 1842. The three divisions conl.lined 40 chlmcery di~t r iclS. lJy 1887 II fou rth division was created and the divisioT\$ werc re·designated north elu t ~ rn , northwestern. southeastern and southwestern. Oue to the growlh in the Birmingham area .mother division known as the northern divi· sion was created in 1895. On August 16. 1915 the l.egislature abolished the separllte 5ystem or chancery courls and the last ch~n cellors lert omce In 1917. Equity jurisdiction W/IS Irans· ferred to the newly eSlablished system o( ci rcuit courts.

Anderson Crenshaw remained a5 a chancellor (or the southern division until his death in But ler County. Alabama on AUl:lu~t 31, 1847.l3esides his work ll$ II jurist. he was a prominent plllnter in Buller County. Alon~ with many of the cnrly pioneers. he settled on the ridge which Is Ihe highest elevation or that county. His home ncar Ule Manningham community was built betw~en 1838 and 1840. II still slands today and is owned by his d~scendants. Several of his offsprinll became prominent in their own right.

A son, Walter H. Crcn5haw, served in the Alllbllnlll llouse of Hepresentatives (rom 1838lo I84 1. (rom 1847 to 1849, and from 1861 to 1865. He was Sptaker of the House of Hepresenlative:; during the Civil War. I-Ie also serwd in the

l\lab::lIna Senate from 1851 to 1855 and became presiding offi· cer of the Senate in 1865. 1115 brother. Tholl'lb-s C. Crenshaw. served In the House of nepresentatiV(1 from 186510 1867. It \\"a5 allhls time that the new CO(lIlty of Crenshaw ',\'iIS crealed.

The Alabama Legislature was certainly justified In honoring Anderson Crenshaw. olle of the first persons to hold the o(flce of ~upre me cou rt justice. circuit judge and chancellor in the Slate of Alabilma. I I~ver. his prospects (or being honored were ~iilnifi cantly enhanced In 1866 when one o( his sons was in the I louse. another son "'as in the Senilte, and Senator Crenshaw. who h:ld Deen Speaker or Ihe Ilouse during the pre\'ious four yean. WIIS ilt that time presiding over the upper chamber. HOIIOr$ will fi nd those with prominent progeny.

The legislation crealing Crenshaw County called for an election on lhe fi rst Monday in t'olarch. 1867. Fiw commissioners. relix Jordan, George W. ThaAAard, Thomas Mahone. J, O. Chapman. and Adllm Benbow, werc named in lhe IIt t to tonduct an election for county officers and fo r the selection of a county seat. They were also aUlhorl:l:ed to build a sllitllble courthouse and jail.

1\vQ communities vied for the position of county seat: lIarber'S CrOS5ro.lds and Fuller's Crossroads. The former slle is located on present-day state road 10 Iwo miles west of U. S. Highway 33 1. The latter is located at the junction o( presentday county ro.ld 50 and U. S. Highway 331. BarDer's Crossroads won the election. This community WiI$ named (or a local (amily.

Soon after Barber's Crossroads Decame county ~ t. Ihe cltilenry changed its nlllllC. Barber's Cros5ro.~d~ became the town tI Rutledge. The Hutlcdge fllmily had sent a number of sons otf to the recent war. A.V. nulled.!!c served in the Confedera te Army ilnd surrendered at Appomaltoll. 1-1 15 brother, Henry. was II captain and commanding offi cer of Company C in the 591h Alabluna Infantry Ilegiment. He WIIS killed at the Battle of Drewry's Bluff in Vi rglnill. The town of I~ u tledlle WIIS named (or this fallen hero.

A post office WIIS eslablished at Hulledge in 1867. The 10000'n "/1.5 incorporated in 187 1. It was never a Inrgc place. wil h a

population in 1890 of 314, Its population in 1990 was onl), 473. No description exists of the courthouse at I~utledge.

In the years prior to the Ciyil War. two rllilroad lines were sur\-,eyed throullh the area thai would become Crenshaw County. How~yer. the rail roods were not completed until the late 1880s. The)' became important for hauling limber. lumber, collon, com. fertilizer. and other supplies, Th~ dew:lopment of the railroads directl)' led to a new Crenshaw counl), seal.

Around 1886 a group of Montgomery men beg.1n bu)'ing up land in Crenshaw County for a railroad. These businessmen formed a corporation with the intention of slarting a lown.

Stockholders oflhe corporation included Dr. f.1.P. LeCrand. r-1.P, LeCrand, Jr" S. 0, Ilubbard and Ceorge A. Folmar.

Folmar became manager of the corporation and he hired a )'ounll man, lO, ~n lell (the father of the former clerk of the supreme court. 1.0. Stntell. lr" who was also editor of The Alabama wwyu from 196710 1982), to survey 40 acres ,md la), out ~treelJ :md avenues.

When the inc[)rporators sought the name for their corporation, locllilegend states that they chos~ Ihe n:une of Dr. LeCrrmd's wife (or their inspiration. MT5. ,.1. 1'. LeCrand, Sr.. was Louisa Jonn LeCr,lOd. The im;:orpOraton also noled the lush and Yerdant foliage Ihrough which they planned to run a railroad. By combinin" the " L.ou ~ for Louisa L.eGrand and "Verne" for the "reen countryside, the corporation .....as named the L.uyerne Land Company. The tov.'n which followed Decame Luyerne.

I.uverne !In..ow in imporllillce as Ihe rllilroad Arew. A post office ..... M e~tab, ished in 1887. The town .....as incorporated on February 6. 1891. The incorporators hi\d great plans for Luycrne becauu lhe incorporation documents described Ihe town limits as one mile each way. north. south, east and .....est, from the "courthouse square" as laid out by Ihe I.uverne Land Compan)', This langua[le should have given warning 10 the county seat town of I~ulledge of I.Uyern~ '5 intentions because there was no courthousc in l.uyerne.

In 1892 the legislature pau~d a local act calling for an election where the citizens of Crenshaw County "'Ould choose whether 10 mO\e their courlhouse to Luverne or leI it remain in Hutledge. The election took place on the third t-10nday in January 1893, Those who favored moving the county scat 10 Luyerne won the electIon. One of the conditions written inlo the election law wa$ thllt if Luverne cllptured the vote, Ihe to ..... n would h.lYc 10 con· slrucl a suitable courthouse without any expense to the coun· ty. Section 8 of Ihe act aUlhoril:ed the mayOr and council of the town to borrow up 10 $25,000 to build a courthouse, Work

'.mu.1 A, Rumo,., Jr. SIitruII A grlldoAllII 01

fYn;:n. Jt '-. ~1It ~ 01 NoIr1I o.m. ....a Ihd l.W.WIliIy 01 AIIIliIIN SerW gI Law i"-.......:l _ Jo.n:IinII ~ 01 ,.. ~ 6I¥o!t r...-y Law $oeI(:wI a'ld ,-., j)/ao_., IM"IIQI." _l1li""01 ~ '" f\.rtoo9 I'\m;ft _ _ fie 1IloO ~ b''' lOll

e.n

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began immediattly and on June 5, 1893. the county commis· sion ordered all records removed from the old courthouse at Rutledge to Ihe newly built one at Luverne.

The first Luyerne cou rthouse was constructed on the site where two later courthouses wo\ild be built. In 1897 this cour· thouse burned. The fi re started in lhe northellstjury room ullstairs. Fortunately a firep roofYauit had been installed in the probate office and all mortgages, notes and deeds were saYed. The circuit clerk's office was a complete loss with no books or records retained. All records of the register in chancery ....'ere lost.

In 1898 the county replaced its courthouse w,th a ma$~iYc t..... o story brick 5tructure. This courthouse contained interest· iog architectural elements including corners crowned with pyramidal roofs and patterned brickwork. The pre·eminent fealure of the courthou~ was ils soaring clock lower lopped by 11 dome and cupola, This building clearly dominllled downtown LUYerne and its localion in the courlhouse square placed it in the center of activity. Unfortunately. by the 19505. the county needed more space and additions to the courthouse were impractical. The benutiful old building was ra~ed and the third cOllrthouse:lt I.uverne W115 built on the same site.

The 1955 courthoust! was designed by architect Carl Ilerbert Lancaster, Jr. of ,.IOrltgomery, J. W. Sulliyan of Montgomery .....as project superintendent for Jones & Hardy ContraclOrs of Montevallo, The building is of modern duign, cost approxi. mately $:162,000, and .....as heralded by the citizClls (If Crenshaw County as 8 great step toward progress, Warren Lightfoot. a native o( Luverne and former Alabama Stale nar president. worked as a yO\1Il1j man on the construction of this courthouse, The buildinA contains 38, 170 squllre feet. 1\ was built of blond brick with Alab.lma limestone fllcng, Sculptured panels on eithcr side of the entrance commemo· rate the county's contributions to IIgriculture, Industry and freedom. These P<lncb were created b)' sculptor Georges Bridges of I\irmingham. Mil link to its past through its for· mer cou rthouse. the county incorporated the mechanism from Ihe old courthouse clock into the new building.

The cou rthouse consists of two main floors and a basement.

IlS air·conditioning was a welcomed feature in 1955, TIle central facade consislJ primaril)' of glass. The building also COil· tllin! marble trim.

In Ihe fo)'er of the courthouse is an hisloriclll skelch on Crenshaw County written by J. 0, Sentel!, Jr. It is inscribed on the Willi in gold leaf letters. 'rhe inscription begll1S: "This county .....as created NOYember 2<1. 1866. by men ofyision who $IIW and met the need for good government, trueju51ice and a sound econo my". ~ It ends with this (jlling conclusion: "Crensha..... County, deYt'loping in the spirit of the men who created 11. now faces the day of new achie\'CmeT't with courage, ~teadfllstrless, bnd faith."

•

R.terenc •• : 'L\NiIM 01 1111 f'avlmenl .

~ ..

A 1""""0", MonI"""*YAd¥IrtiW,

Se\I_ li. 1931, ' M E.. ~ HItIot)' or CftI'4I\IOw Co\roIy ' JaI R 5JIor1, I)'PIICI ~"'" 1851. I~ l1'li_ ww..... UghdooI Match 25 19911 TeItChDN " 1 _ E~ StriItR. MIIfd1:H1, 19911

Samford UniversaL), CumlbeR·land School of Law

Contananing Legal EJucataollJl F aU 1998 ScheJule September

II

18

2' October

2

Developments and Trends in Health Care Law 1998 · Birmingham Consumer Finance Litigation - Binninghnrn Is Your Client Covered? Insuruncc Cla ims and Conflicts· Bimlingham

30

9th Annual Bankruptcy Law Seminar· Birmingham Automobile Accident Litigation - Binninghllm Representing Businesses in Alabama - Birmingham Basic Lnwyering Skills - Blrnlirlghnm A Day in Discovery featuring Jam es /fI, }.feE/hail ey. Birminghnm

November

6 13 20

Advanced Domestic Relations· Birmingham 12th Annual Workers'Compenslllion Seminar - Birmingham EJlpcrt Testimony with E(iw(lrd j . /lIIwfllke/rieti· Binninghnm

December

4 4

Recent Developments for thc Civil Litiglltor. Mobile Recent Developments for the Civil Litigator. Binningham Employment Law, Including Scxual li arassment - Birmingham Pro-Act ive Mediation/Arbitration· Birmingham CLE By The Hour - DirminjAham

9

16 22·23

10 18 30·31

Brochures describing the specific topics to be addressed with a list ing of the speakers for each of the seminars will be mailed approximately six weeks prior 10 the sem inar. If for any reason you do not reccivc n brochure for a particular seminar, write Cumberland CLE, Box 292275, 800 Lakeshore Drive, Birmingham, AL 35229-2275, ore311870-2391or ]-800-888-7454 . Additional programs may be added to the schedule.

Samford University it Qn Equal Opporl unily IruaifUlion and welcomes applications ror employmenl and eduCitional progl1lffiS (rom all individuals regardless ofTace. color, sex, disability, or n31ional or ethnic origin.

OPINIONS OF' THE GENERAL COUNSEL By 1. Alllhony Mcwin. f/Cl1em/ COI./I1se/

In kHplrtg with III. them. of thi, Iuuf! of The Alabama LaW)'tr. ASB GelIUtl/ Counstt TOIIII MclAin hos ,ubdiluted hi' "'gular column with quelt/otlll 1111 has yÂŤ.h~d "9(11"/;119 medlul/uII,

Q.

A. Q. Mediation

Q&A

A. Q. A.

2'.

~u.y

, ....

I 11m an attorney who just completed mediallon trulning. I would like to illClude on my $1;1lionery and business cMds "mediation .seMCe5 available."

Doe! this require the disclaimer?

Q.

A.

No. it does not require the disctll1mer.

[ wou ld like to include a statement in my Yellow Pages ad that my la.... nrm supporlsl ne concept o{mediation. Do I need the discillimer? l es, the di!daimtr needs to be:

includt:d in the ad.

Does confi dentiality Hule 1.6 apply to mediation?

Yes. if the mediator is an allorney. Additionally. Rule 11 of the Civil Cou rt Mediation Rules and Rule 6 of the Alabama Cooe of Ethics for fo1edilllors impose similar requirements for all medilltof$, whether lawyers or non.lawyers.

Q.

A.

May II lawyer include a fee dispute ~rbi t ration clause in his/her employment contract with /I client?

Yes. if the client understands the ramifications of ~me (contingent-cootin[l~ ncy feel.

As ~ retired judQe with a specia l membcrshir, I would like to know if stlVing as an eliTly neutral evaluatOl' constitutes tht private practice of Iilw.

Based on the definition of early neutral eval uation as found in the /\ Iabama AOR Handbook, selVing as an tviluator does not constitute the private practice of law lind you may. therefore, p,IrticipOIte in the process a5 an ellaluator while holding a special mcmbcnhip license in lh t Alabama Stale Bar. â&#x20AC;˘

TlI.m _ _ U...., If STIJIIM II ClIIfICT lISe .... m '.111111 TIl CAl tim

law

Disc~

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• A/all.""" Com' Pj'AJlJlNls D«'iJi~tlJ fromJillllwry 1965 IV SrJllrm/Hor 1969 • AllJlHmm Corm cfCivil A/lpt<lu ON/sum, slurt 1969 • A/.I/:r;mlll COM ;fCri"' i,,~1 API/frlil DrrisiollS lililt 1969

if yOl/lre seriolls abollt fi fldillg the best electrollic

&j ALA.BAMA STATE BAR

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Alabama Stadents are Winners on Law Day An Al aburna hlOh school sludenl irom Muscle Shoals has made it "two in II row" with her second wlIlnin[l l aw Doy essay ill a ~ many yaMs Sarah Boasloy is tho first place wlnnor mlhe high school division of the 1998 Low Day stotewlde essay contest spon50md by lha Alabama Sleln8sr, an honor she elsa received last vear Sarah joins students from aerass the state III recei vlIl{lleCoomllOn-ond Ullitod

States SevlIlgs 8onds-as winners 01the essay and poster contests All onnual natlOll'Nide eveot celebrated 0f1 Mav I, Law Day's purpose IS to raise publIC awareness of Amellcan law and justICe and lIs valuable I~t on each citizen's hfa. Fer 41 years, Law Day has oHcred a special thanc~ 101' tile legal profession [0 work WIth studBnts and citizens.

The theme for thi s year's Law Day was "Celebrate Your Freedom."

This year's winners include: Poster Conlest, Grad". K路3 FII~I

PIece路 Andy Goldman, MonrOOVllla EI8fI'Iftt\taIY

Essay Contest. Grades 7- 9 FirSI Plac&-M1C1\iIII1 McCrocken. CIlerOIOll HIgh Sch)ol

Second PliIC&-8ryson Dabney, Mornoevrlla Elemenlary

Second PI(tC&-8rooke Carson, Cherol ea High School

Ihlrd PI~t&-U1k(lSh' 3 Thames. MOIIr08Yllle Elementary

Third PIac&-- NICholas Tumer, carroll High School, O/lllk

Hanornble MlInllOn (tle)-SttlV(ln StrICkland lind Consia Grace, Monroevilio Elementary

Hooorilbio MunliOtNU$trn BOIIOl'l. Cwrokoc Hi gh School

Postor Conlost. Grados 4--6 First PllKn-S~lIIh McOanlsl. lotltan Va lley School, Sylaeauoa Second Ploee-JaM'! JenkinS, &cel PublIC School

Essay Conlosl. Grados 10-12 FUll Pillet-Sarah Beaslev, Muscle Shoals Hig h School (Th!S JlIhtIIII1COfI(1 fila!' thaI S8mh has woo IrlSI p/~ rn 1/10 O!>S8y COfIws/IJ

Second PlIlCe-B,IJd Hunter, Canoll High School.

Dw~

Thud PI~It-Hllidry Wrnl~'. IndIan Valley School, Sylacauga

Th,rt! Place-Renee Mak~kt,1IoO Jones HIOh School. Madl5Ol'l

fklnombIo Men:ioo (t,orO;Md WOOd. Bem btlIoIotton School, MontgOlTlBlV:

Hororablt MentIOn (treK:Md o.outUcl1e, 8ob.Jones Hoqh ScI'芦lI. Madison; Mike Sttnson, Bob Jones High School, and Br8fKla Shirlev, Canoll High School, DMll

Jal" MtClull!1_ H~II路Kenl School. Btrmtngham, and J)son Zvl"ra, Indian Valley School, Svlatauoa

First, second and third place winners received U.S. Savings Bonds, Honorable mention winners, as well as all par11cipa1ing schools throughout the S!alo, received certificates of rocognition for 1heir participation

010 JUlY.O . .

Governor Fails to Sign Indigent Defense Bill Governor Fob Jamos foiled to sign House Bill 458, killing ellorts tD inc reese compensation fOI indlgont dB/ansa counsel. H B 458 would havo lI'lCrease{j the current compon$lllion of $20 per hour out-of-court and $40 por hOlJf in-Cour1. lest IrIC/Basad in 1981 , to II Ifal 555 pelr hour The increased cost Bssociatod wrt!l HB 458 WOtJld have been Wlllied by a 528 incre<lS8 In jlldlcial docket le8s. laWfGI'.legislator Demelriu l Newton of Bilmmgham sponsored H8 458 and Similar 1&{I151811on dUring p!'BVIOUS seSSionS lBw(er.leg.

Islalors Marcil Black 01 Tuscumbia, Ken (jilin of Carbon HIli and Mike ROllert of Anniston were co·sponSOrs dunng thiS leg s(allve

session On the Semite side, lieutenant Governor Don Slellolmlln,laWY8r·hlQ1Slators Pat Lindley of Bulier, ROller B/ldlord of A~ss8I1ville, Wendell Mitchell of luverne, Don Hilla of Cullman. and Rodger Smlthermlln of Birmingham. among others. were in$lrume~lel in helping H B 458 retel~e favorable action in the Senate CounIlO$$ la.vyers. Iflclllding bar commissiOOQfS and lodgeS. made ulephooo calls. wrote leuo" and VISited legislators 10 enrourage suptlO{1lor Ihi! ~ leglslalJon. Despite the gDVefnor'S decl$IOOllDt 10 sign H B 458. an efforl Will be made 10 pass similer legislation during the 1999 session

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of the AI;rtJall1;1 State B;rr,

Il1slIr~l1ce

151 ha s been ins urmg ProfeSSional Association members since 1959.

Sole Praclilioners. Families • Recent Graduatos $3,000.000 m<1KlmUm per person Cho ice 01 dedllctlbtclI ilnd coinsur.:mcc Cove r s hospltall1:ltlon, Inpatient and outpatwnt mcdic<11 CMe An optio nal maternity rider avai l able o n liome plan!!

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HIDO I 201

STATISTICS OF INTEREST FEBRUARY 1998 BAR EXAM Number si tt ing for exam . ... . . . . . ... . ..... ,.,", .. ,.,", .. , .......... . ............

344

Number certified to Supreme Cou rt of Alabama ... , , . , . , , , , , , , , ...•. , . . • . . . . . . . . . . . . . . .

189

Certification ratc· . , ....... . . . ... . . . . . .........••...• , . , .• , , . , • . . . . • . . . . .

54.9 percent

Certification Percentages:

University of Alabama School of Law. , .. , . , , ..• . ..••... •• , . , . • ... ••... •• . ... , Cumberland School of Law .... , .. , , . , .... , ......•....•.... • .. . .•..........

Birmingham School of Law .... , ... , , , , , . , , . , . . . . • . . . . • . . • . . . ....... .

Jones School of Law .... . ..... , .... , , , , . , , . , . , .. , . . . . . . . . . . .

. • . . .....

Miles College of L.l.W , . .. ............ , . , , , , , • , •• , . , .•.••..... • • .• . • • .••...

-/m:ludes only those sllccessfully passillg bar exam am/ MPRE

222

~uu

l OQII

77.4 66.7 38.6 62.2 0.0

percent percent percent percent percent

Alabama State Bar 1998 Spring Admittees /\m u. Sarah ,\nrlru Astrid

ArnlilronJl. Jeremy W~ynt Autry. Edw<lrd Thomas ~4\'er"J, Kclilc Su:tllt.nc Ui lley. David Lance Ib lle)" James Timothy U. ld, Geo(fr~y Se&n

lIarlHle, l enifer

~' cCoTd

lIanlol. Joseph tU .5

Ut dllood. David All m II~ n.on . llmmie Clay lr.

BenlQn. Vicloria Ilrnduson fit l'lUlrom, Runt ll t:dwin RIlly. Stephen fot~h"ne 8IadullOn. UIYt~ Ih.:nke Finch Ulackwell. D~wn I>IJrie Quinn lIIake. Geo rMe Henry III UI!zu rd. Henry Wallace III lJotlln, Vincent J~ph Uri" •. Pamela E. Rrown Urookl. Beverly J~ce l.ow~ IJryl nt, John St~phm Uundy. N~reida Renae Dewberry Ullnln, AlcxJndcr lI uT(h. L,1urle Ann Richardson Ilurt, YIIll'ltk~ Chartt Chlpler. Brttt Stephen Clark, ~d Strinllltilow Clark. John Edward Jr. Clark. Simn non Rellell Sims Clem. HOlier C&rry Cockrcll, William f'wl ck 11 Cooper. l.ouisa Dawn Cooll. Brandon Shane Coppedge, Ilradley Ryan Con!ery. Franklin Wayne Crt lll, Timothy Oru Crumblf)'. IluMen Wilson Curti •. 1 1 0~ l>tnis( Iblllel. i"my Orville Jr. Ouby. Shirley D~wn MUl tr Dave nport. Patrick fiubtrt DIY. James 1.c'W.lynf Dun. Karen Sulli\'lI\ DickinlQn. Clay Chllpm"n [)Ixo n. I leather KelVlY Dodd . Leigh Perrin Rigby 1J1Jn ~ ld l (ln , Michael Alldrl'W DQnl ldlon. !(yan Arthony OTl ke. NaQmi Graer Dunn. Angela Ren« Wlckrrt Eady. Nl\1)Cy ~Iarilyn LIOn EdmQnd•• Charles Ilullh Sr.

Edward •• Matthew Timothy Eldrldgf, Ilulh Merrill 1:-:111011. ~:Wf;1I I-Ierm:m Jr.

EnteU.. no, Marshall flngelo Elco. Paul Douglas t: \'l nl , Robert Patrick

Fu toao. James Jacob t'!Oyrl, Steven Patrick Furlado. lJavid Jeffrey Gaffn ey. Shannon Marlla ret Gtntle. Mickey Joe Chee. \'Jendy Marschtllc Gorman. I.c ll~ DlIIard Go.nell. Scott Wayne COli. Mnrk Dl\vld Grabam. Jamu ]'J\111fI GTlham, Willinln Grellory CTlngu. Patricia Tolbert Iiall Gray. Wai tti' l.ee []I Grune. Jam" David Jr. Crc:ene. Lua Carol Crlffin. Kimbtrl~ I'~ige " ~rnll . Jubal Lee IbnllltQn. Mary Ann lI. mnck, nQber\ AIM lIanan. M lnd~ Lellih Brlld(Qrd lIardl. Qn. Ed...md l..ewis lI .rd~, William ~:dltlt Jr. lIam •• Joan f.l nfie lIam l, Vincent I'BUI lIartw[tk. 1)y,'B in OeNeal fl ftI'Vi:)'. Craig Roy Ihtchn. Tony Nell Hawkin •• Shirley Jun Thompson lIu d. ThQmas Wayne IlInOlt. ThQmu WOOdrow HQbble. Whitney J."Ul~e lIodge. Cather;n~ RuShnl1l lIoITIIILllr. S:lI\df~ DIMlne !'Mker !lolllnili worth. John Rlc hnrd )1'. llooptr. John Scott lIop~r. />Iark Timothy 110m , AUwin ~;arl IV llu bbtrt. JonathQn Fairley lIughn. Lola Deanne lI unl. JlInine Elef\ll I]unler. Jeffrey Guy lIu'Iter. JQhl) Michael I]u rler. James Oa.ssttt Jr. Jaeklon. Natasha 1)enniu Jlck,on. William ~'relierkk John.o n. I~ather Denise Jonn. Derrick Allen

Jonn . J'atrlck Rurrl,J$ 11I Jovlngl. Samu el Anthony Kuly, Chesle r Mart in Kyo.rd. H OTa(C Waynf Le, Quan Son Titn t.t rr. rd, C:TC~Ory Warren 1.«1111. Alber! Day 111 l.ewl ,. C.

S~ln l

l.e wl l. Oamon \'Jya tt Lon" Chandn !.Intt te Lowell. Carol />lark Luck. Tiernan \'Jilson III ,I1-.1ort. Michael f.lnrk .I1. rlt, Hhonda .I1ay. Allcn \'Jayne Jr. .I1hY' , Alliso n Michele Il rown ~lcCaJ n . Kevin folark Hd).nlel. Sondra Kay Jackson Hdlullh. James lJurke Hdl ullh. Timothy Charles Hdn tyrt. Thonw Robin HlxQn. ChmtQpher Allan Moffell, TtrrUl Klly Moncu•. Catherine DWlIl /II oney. Samuel C hri ~toph er /IIon·b. JQhn Clyde 111 MO)YI'. Courtney Adele Schlotmtr M~I'J. letitia Lynn Ne l.Qn, Robert Francis Ne umann. Mkhclle ~ Newman. LIIwrcnce Crimes Olin. Llnd~ I'ankey. Chr istQpher Allm I'l n , h. Joseph Ed",,~fI.l Jr. I't nn. RQnald \'Jaynt Pt rdue. Allen F.ulltne Jr. I'hllllp•• Ala ne 1>tIQI'U Adcox Phllllpl, Ilyron Whitfiel d Jr. 1'lIll1lpI. John Wendell Jr. t'ippin. JQn.,thilll Willinm Edw.lrds I'(lwell. Jonph Edward I'n:hal, HQnza Jan Ferdinand Ilnct. Cathleen Indira 1'l)IOr. CarQline ThOffia!Qn Rec h. JQhMlltl Thomas II Rtevu. Crady Andrew Reminllton, Amlc Ilarptr McDaniel Rlcharda.on, J\rlene Marie "'!nret,'11 Rickman. Lesley Ann lilck., Rodtlty Scott RobeI'l l. Sluart I)cwanc 1i0be rt l, William Michael

Koblnl on . Jeffrey Charlu Hoblnlon. l'olichael Wayne Robln.on. Thnya aark Ro.ler, Craig Nell S. nd~ ..., Riehllrd Oeo.'IIn Sllldldllc, I!us.sell lI-on Schul~ l'lI,

Scrullll l,

Robul I:IIM:

Rev~rly mllllwnt tl~

Selwyn. lloberl Ih11el Shrru . Chris topher Alan Sigmon. Emtsto DtAndre Smedl ey. Valerie f.lurry Smiley. IUren Lea Smllh. Aimee Michele Cobb Smith. DaVid Laurmce Smith. f.lfir lcnh He nce SrnUh. Scott Burnett Smllh. Sylvtster S. Spencer. James Victor III SI. IHnlJ. Janet AI'ne Starling. Ma riQn Jefftl'$On III Sudduth, f.!ose l.ee Jr. Sullivan, Joel l""t III Sulll,·. n. ~IQlly ~I cDnnolLllh Thelia. Matthew Wl ltQn Thomll. Jamu NQ"man Thomllion. lamtl 8rtnt Thomplon. f'hiliJl Alitn Thomton. bmt' C'\IIrlu 'J'nylof. O~vid llenjJmin 'furk. Harold I'reit(ln Underwood. Cynth;~ Van lIu klrk. [)avld Wynllu1 VIne•• Stewart t:arl Velarde, Casandra [)\'. ~n Walktr. LIIura Chri~t i ne Walkn. LeQn Oavld III Wart. Ml\rth~ ~'ran(e$ Warrtn, Charlu lid",ln Jr. WallQn. CYlllhin [)tnilc WeldQn. Bell ndli ArvI Whibb•• John IJoI\()to!an Whitehead. Ch rist09he r Kyle WhitmIre, StMn ~lTIIIr II Wllku. James l.c'Wb II Wllliaml, Ha rris Alllluslu$ Bell Wllllaml. ThomM CrB l1i Wlil on, Joan Elizabeth Wood ha m. John Michael Wooten. NicholM Ikath Wright. Emil franCIS Jr. Yoder. l..ollise \Vhitncy

111lil.,.., 1.m!1V lfol!M! (J998)

:;mlth (I'J66) odmlllfW (tud ",,..1,,

)u~J.I),

uoo

IImrJIlllsllUO' H/iwml, III (1998)

and 111'1", 11'ol/uat 81,uan/, Jr (I96li)

)/JtliJ",II,ml 'hI/ian/ (191M), Conprl'SSmall Earl ~' IIdlwn/ (lUll) and "'l:Iill II,I/Ion/,smith (1993) at/mil/IV, futh.T路ill taw tmd siSfn,m law

udmfllftl rmd ruthrr

/.AU'I'I'IICII Grimn Nnwum (1998), GrUJIdQI. L ""<'Um,m (19&1) und (,'rujI<kNI

II' Grit! Gruh<Jm (I998A .hmn P. G'II"'''71. III (19!N1A ./um"./! GrrJlIIJm, Jr.

C. Nru_m (199.1) u(/m;II...., (,,1m', alill brolh ....

(lW} Imt/ll iIIlilm). IjnllOft, Sr. (l9(j())

W'wmilll'<!S, father 111111 flnmdilltlwr

St"'~'1

I. Whit",i,..., 1/ (/!/,9/J), /lotIt L, &mgh,)r. (984) aJUI )/Ums IV, Smi/h (1968)

MllldVIJ Ilmum (199H) 11M 1-..'11# f), 1/"1lt1U (1.915)

mfmo'tlCil, It'7.(,lIher aM 'mcf~

(Idmlll(~'

wid huslNmd

~'t""'ilrl

b'o l'a'I('I (19911/ alld C. GlbJO/I \'allN (1992) III/lilli/fl' ",,,/ Cf)~,11I

Courll.." S. "'fJ/Il" (l99II) und Dallid S, "'over (1997) u<fmiliH flI!d hUJoomJ

LI\Jlk.... (1m)

ChrislQp/ltr LI'M /Mad (1m) und .IIl5.-ph n. 1t'hllrMMl (l914)

S/51''''I,I11d udmill~

uilmi/l""muJ ("I fl..,.

n..,." ,m LV. 1.IICk, fII t 199IJ1, o,cur 11<1/' (/9'/8), A.sh1eJl HIL'<!S /199.Y) umI f'rllrkk 11<1111 (1997)

IJilrfP! II' PhllhfJ1 (1998) und

udmllll.'I! <1Ird CO/WIll

wmilllYt und (al"""';".luu'

Suruh Attdrftr M II/d Amt, (1998) and "'011/111'" Arm.. Amts. III (981)

Nkk 1Iu1ll11gfUwlh, If, (l9[M) ,md I. Rick lIoIlmgSU'iP'lh (1978)

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14II! LllI/k", (191$/) und 0..'"

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THE GENERAL IS FIGHTING MAD! Lt. Gen. Robert Johnston, USMC Ret., Chlel 01 Stat! 01 Opera lion Desert Storm , Is lighting mad, He'l joined MOA's bamt to l ave IIvel , The gtntral knows the enemy IIle-th reatenlng dlseasel.

L'it:loriu 1/. iJ.." /OI! (/!J9IJ) <11'" Wil", R I I;., ~, (/955) wJmillN ,/tid (lltf/(:r

Join the gen,raL Volun teer to help MOA, Call your lOcal MOA olflce or 1-800-FIGHTMD, _

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Here's II buslnw proposition lrom Avis because you're II member of AlAbAmA Stat~ Bar.'M!:路UgM1)'OU very special discounts al panicipating Avis location!. Rlr ~mple.)'OU are eligible for 20% off our Avis Msociatioo $elect Dally rates and 5% off promotional rates.

And you can expect the rIlO$I professional scMce In the indUSlr)!

BecaU$e AYb (<11$ come with Avis people, and tl)'ing harder is what they do be5t So millie it )'Our busine$$IOtake advant~e 01aU the member benefits th~t AYb hilS waiting for you,JuS! show your Avis Member Savings Card or A.s:>ociation Membership lD card at lime 01 rental.For more illiormation or reservations,call Avis at 1-800-698-5685.Alld 00 sure to mention your Avis Worldwide Oiscoun! (AWO) t1\lInber. A5.10 100.

It you're IIOt. insurod with tho Altol'lleys' Advnn t.uge Profosslonal LlublUty Insurance PI'ogl'n.m", you should obJoot to your c urrent. Insurer on the toUowlng growuls :

1, YOu may be paying too much lor your llabUity coverage,

2, You may not have the broad coverag'e you really need ,

A

ltorneYR' Ad vlUltage Prof088lonaJ Liability intlIH'l:LJ108 o rrors brood

oovomge... u p to ' 10 mUllon In limits, Program bononl.l:l in clude :

Plus you'll n'lOOlvO II.

• Firat Dollllr Dere n lle

froo copy of Tlle

• CIahlll EIqlenlie til AddItion to

LlablUty Lholt.

• Rl ll k Mlmapllumt Prol'ram

• Full Prior Aot. Covera,e AVIlUab l e

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Don't delay! f'o l' morc InformAtion , In ol ud lng a nO<lbUgallon quotation, call lOday.

(ExooUnnt), XI.

QUilrter H Our ,

the new61ett.er for AttornoYII' AdvlLI1tnll8 inllured.6 tha t oon UI.hul u80fu l, practical Info r mallon 011 wa,yft 1.0 mll.na ge risk In yOIIl' I)raotioo.

•

ProfOllllonal Liability Inluralloo, Ino. 300 DtlI ... wa ... Avenue . P,O. Box 228'7

IPLJI

WlImlflgton, DE 19Q99

P,'Ojestt'olllll Liability Imlll'tl1/cf!, Inc,

1-800-441-9385 Fnx : 1· 800·'7 H!.34 1 1

www.l uLS.pll.oom/lll.wyers.htmL

Anomeys'

NeE.

"Advanfage ' l'rot_ lolla} LJablil ly CoY.r..011 ""'l'Ofllb lll' T'I!,...

Lawyers Assist Disaster Victims na little (eM than a month, Alabama was struck by two natural diwters. In f.larch, nood watcu ravaged Elba and surrounding arm in south Alabama. In April, powerful tornadoes struck Jefferson County lind tv.'O other counties, leay-

I

lng a IS·mile p.'Ilh of death and destruction. In both instances.

Alabama la~1'$ UIl$tlfiShly VOlurlteertd their services to assist

the victims of theM! disasters. The (ree assistance !liven by th«e l,w.I),ers has made it easier for the victims to cope with the clCtreme hardships innieted upon them by these storms.

Joe ."lI.ulk of 1\0)'. bar commissioner (or the 12th Judicial Circuit. and nobtrt Brogden of (}t.lrk. bolT commissioner for the 3.1rd Judicial Circuit. played an a(ti\lf role in the flood victim assistance effort. Pike County atioml.'Ys Uoberl C. Faircloth, Thlld YlIncey. Jr., Lan')' Jamll and J)on Dickert volunteered at the t}iwter 1~eaM:ry Center in Elba. l'aul \'oung. Jr. from Enterprise volunteereQ, as did Chad Tindol of Montgomery, to help answer QUestions from nood viclims visiting the center, The Alabama State Ihr set up a statewide free legal help.line, r-1embers of the ~t ontgomtl)' County nar Association playcQ a role in assisting nood victims by taking referrals from the Legai lleipline operated through the state b.u. Mike Jacuon, Montgomery County Bar Association presIdent, and Dawn lIoward, MeBA's executive director, played a key rolc a$ well, The following lawyers agreed to h,,"dle calls of victims who called the Helpline: Jason A Shamblin Angela l I:llnbrOl4 Kalil McDaIlltl tyneue Gayle DaVId Marlin Claig Woosley Robert C, Ward, Jr

DaYld Wible Nikki Roll!sdlild Narcy Sluan Mike I(,nland DaVId Zll!WIIfIrll\llll Snll S Ooolh C FrankHn Srowderl, III

Judy B Van Hml Charles Halllim EInI Reese

Daniel Wllght Kyle MaulnQlle Mill Hamson

~I cll nda Willen, executive director o{ Legal Services Corporation of Alabama, and LSCA staff attorneys Lany Gardella and Hili Muscr. u ....-ell as p.-.ralegal Roaella Crowell. helped conduct training for lawyers handling assigned cases, !.SCA staff members wcre also on site at the Disaster necovery Center to help ans....-er victims questions, )-'red Enslen, chair of the Real Property, I'roOOte and Trust Law Section, took /In acti~ rolt in tht volunteer training, The SllCCes.5 of the re.~ponH was aided by tht efforts of KIm Oliver, director of the Volunteer Lawyers Program, and CrY!a ChlimblUI, Vl.P assistant.

The quick and cff1cienl .....ork of Mike Freem~n and Candace McGowlln had the Birmingham Bar Msocilltion diSllster response effort in full gfal' within dll)'S (ollowing the strike of the deadly lornadoes, In addition Lo organizin8the progrilm,

Mike and Candace organized volunt.eer training ....;th the full aid and support of the Alabama Stale Bar and the Birmingham Bar A$socilliion and its leadership, particularly BBA president Stlh1l Heninger, Ken Cain, director of the Legal Services Corporation of Metro Birmingham, iU ....'ell as t}ei>orah JenkinJ, director o( lht Birmingham Volunteer Lawyers Projtct, took an active role in the tornado victims assistance tffort. IJtlh Cannlchael. exec· utive director of the Ulrmingham Bar, and the bar's capable staff, Dana Thomu, Mary Nell McGough Ilnd TIl Grahanl, han· died intake. screening and referrlll of the mnny victims who contacted the bar for assistance. The {ollowing lawyers J)<1rtici· JJ.1ted in the tornndo victim!' assistMce program: Torn S RopIlf Lauren E W&gtI(lr Doug frradmin MIChael D McKrbben Bryant A. 'MlItmlrl, Jr Laur, C NeWBI MiIfY lynn CamPIsi Ross N Cohen A H Geede, Jr Elilsooth Hutchms Linda S Lehe ~atflcl8 N Moore J MIIIotly Salmon J Ouch Bowdle Gr~Hyde

Roy F K'"g, Jr AmI! W Mitchell Jenna McCammon Sidnoy C Summey Nal1C'/ C Hughos

Chfford W Hard'!

Wilham A. Sholt, Jr J Ross Forman S Allon 8a~8f GrtgOl'( S Ruchey Amy Stuadlm8n TnPll GallOWay Amy M\'Ifs Jim Archibald Jodie Smith Mary Lynn BaI8$ Tim luprnacc;i Fred Hellier Barba,. Lucbn Marthe ~ Pal10n SammyeO Kok Ra~ Nochol1 Goorgl8 Rob8fson Brlllin T Coleman Goorgo Harris

BerlllPKomb

DeWay1l1l Pope

Douglas M,WhortIll Anne Reilly Mom Brllee A, Rawls J Wilham Rose, Jr

Jim SlUrdlvanl Glooo Waldro!l lima Gia1t11ll

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AQbmGram TIm Dillard LeeAoo Pounds Mike Ermert K"" "'"'

Mactcllh WlIgnon Robert R 1Crac~, James S lloyd Arlr.e Hornlby Herb Sparks Russ Camlbcll BranlIOIl Buck Sitrdy Mulllni DIMy MWlmn Cardaca ~III

Ralph Yilldng 8f18rl Wililiml PeI8f Wriglt ScOIl Beard William Sanerville, III 000 B Lon~, Jr HelM KaHTyn Down, Richard BrOCkman JohnLCoIe

Undoubtedly, there art lawyers who do not appear above but who have in some way Or another assisted uictims of these two disasters. We c.'ln be: proud of the way Ihe legal profession re~ponded by helping the victims of the noods ,md tornadOl:~ with their legal needs, The spirit of service renected by those who responded to the Cil lI of the victims of these di5a~te r5 exemp1l0es the highest ideals of Ihe legal profc55ion.

•

ASH Disaster Response Team Volunteer lawye~ from the Birminllham liar l\.s.\OCilltion and the Alabama State Bar n:cently provided (ree legal aJvice and inform(l\ion to victims of Ihe tornildoes that struck Jefferson COllnly and surrounding nrca.~. Disaster victims CQ uid clIll the Birmingham liar and be referred to volunteer lawyers who al'lswm!d their legal questions ;md ilddre~ed their legal concerns.

Blrminltham attorneys Caodnce t-lcCowin and fo1ike Freeman (below), who headed up the effort, inspecllhe disaster site.

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PROFE SS IO N

Storm Clouds Gathering on the Horizon In 1'1"),, A$13 Prc~hJ c nl Dag Howe c;tlled lollclhcr various Icl\dcu in the legal profession 10 identify and diS<:\I~s possihle ominous developments affecting Iht: legal profession. Those or/!lIninli ons invited to rarticiP<1tc in the summit included the Alahama 1.aV.'YCT5 Msociation. Women in the Prof~ulon Commitle~ of lhe stale bar. the AI"bama Trial Lawyer!!

Association. the District i\ttorncys A5s0cialion. the Alabllnlll D\:(ense Lawyers Association, :lIld the Alllb<lllla Criminal Defense [..t\wyers Association. Leaders of the four largest local bolr associations were al$O invited.

EilCh representlltive allendin" the summit was ll$ked \0 lis\ the most important issues facinglhe profession and the JIJ~颅 tice system. Top issues of concern turned out to be judicial selectiOn/campai"n conduct/politici1.ation of Ihe judki;u),; professiotl~ li s m/civilitylfa c t ionaliz"tion of the I>rofes$ion; :md public perception (,If the profc$sion and public confitil:nce in the justice system. Fifteen specific ~uggestion5 were estllblishcd. from initiating joint effort to pll$5 non路partiSiUl cll'Ctiol1 ICRisilltion to increasin,ll continuing IC/otIlI education 10 14 hours with IwO of Iho~e conccntrlltin,ll on professionalism and ethics to promotinll: professionalism within the bilr membership and decreasing factionaliziltion.

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"I invite you to join in our efforts to ensure that this bar serves aU its members: plaintiff's lav.-yers and defense la.vyers. male lawyers and female lawyers, city lawyers and 'country' lawyers, big firm lalNVers and solo Icwyers.

There is a place at the table for us all."

Th e S irote & Pe nllult Me di ati on Ce nt e rs THANK THE MEMBERS OF T HE ALABAMA BA R FOR TI;E OPP RTUN ITY OF ASSISTI NG YOU IN MEDIATIONS TI路IROUGHOUT THE CON TI NU ING TO

TATE. W E LOOK F RWARD TO

ERVE YOU AND Y UR CLI EN TS IN

THE TRULY NEUTRAL BUT ACTI VE STYLE FOR WHICI路I WE HAVE BE OME KNOWN, FROM SIMPLE TWO- PARTY DI SPUTES TO CO MPLEX MULT I-PARTY LITI GAT ION.

Rodm~y A. M !I.~ , Ch.. lrnUIn Sfrolr 6- Pnmun MMIII/Ion P,IJ{'i(r C;ro~p

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SIInmd M H,II

Donald M WI1ghl

Willi;lIn H. Mclkrmou

J Mition D.:r.vls

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Ed....ard M Frknd, III

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11111

LEGISLATIVE

WRAP-Up

By Robert L. McCurley, Jr.

Legislation 01 interest to lawyers ,,;wed in the last tU.ys of the Legislature may be retrieved by bill numbtr from the Internet at: www.Legisli\lure.ttale.al.uuaearehablelnl lrumcnWI998nlUUlII For bills pa5se~ early in the 1998 Regular Session of the Legislature see AMxlI/III 1,.{/wJ/ur, May 1998 lit page 170. Since that time the (allowing IICts of [ntereslto lawyers have betO.,l!!

Act 98-297 IHB·261 Immunltv from Civil Llabllltv

Providu immunity from civil liability for medical profes· sionals who provide services without cotllptnSlltion at free medical clinics.

law:

Act 98·299 IHB·642J Roth IRAs Amends Section 40· 18·25 relating to Income 1\xatlon of

Act 98·182 (58-4581 LGul Tn Slmpllllc.Uon

f;states and Trusts to conform Alabama's Income 1':1)1 treat· ment of 1It\ accounts with the new fede ral HHoth" and "Educationill " 11tN;.

Act of 1998

Bill provlde~ (or II uniform system of municipal ilnd county tax<ltion that wot.ld authorize municipal and cOunty govern· ments to levy taxes which paraliel the StOlte! Sales Use Tax and Lodging ThlI, except for the rale of tax and the filing.

Act 99.301 IHB-42J Chief Clerka

Circuit clerks' lind dist rict clerks' com~nsat ion amends Alabama Code Section 12· I7·82 to increast the salary of cir· cuit and district clerks, effective January 18. 1999.

Act 98·256 158·921 Abandoned Vehlcl •• on

Public Ptop.rty Amends Alabama Code Section 32·13·3 which II110ws for the towing of abandoned motor W'hicles and their sale at a public auction after giving notice to the owner, any lien holders and at leilst ten days notict: in tht paper,

Act 98·370 (SB·5241 DHR Termination of Parent., Right.

Provides that the Department of I-iunlan I{esources may fil e a petition to lerminale tht parental rights of parents where the parent has murdered another child, abandoned the child. or committed a felony assault on the child.

Act 98·279 IHB.222) Codification Bill

This Act officially mukes the Acts of 1997 a p.nt of tht Code of Alabama.

Act 98·371 (SB.535) Reporting Child Abu . .

Act 98·291 IHB.7291 Immunity Volunteer Fire Departments

The Department of I,tuman Resources may instlgMe legal action for the ClIre or treatment of a child when neceUII!')' to prevent itrious harm to a child and 10 provide m~dical treat· men t even when contrary to the PolYent's religious beliefs,

Provides fo r civil ilmmmity for those persons donati ng fi re control equ ipment 10 Ihe Alab.. ma Forest!')' Commission (or use by volunteer fi re departments.

Act 98·372 ISB·536) Foster Care Amends Sections 12- 15·6 and 65 to provide that within 12

Act 98·295 (HB.e3i) and Act 98·365 (SB·3321 Judges' Retirement

Supreme court Judges, Judges of Ihe cou rts of appcn l$, dr· cuil court judgu. district court judges and probate judges ma)' elect to retire after 24 years and purchase one n tra year of urvlet and retire at any age.

Rob.rl L .

McCurley, Jr. ~ , L McCvrIty, J( ~!fIe doo'KIOI' 01,..

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months of the placement of a child in foster care. the court ordering placement must hold a permanency hearing to determine when the child will be returned to its parents or placed for adoption.

Act 88-391 (HB.19) Moment of Silence

Provides that at the opening of school evcry day. In each public school and classroom, the teacher in charge shall con· duct a brief period of Quiet rcncction o( not mori: than 60 sec· onds with the p.articipation of eve!')' Ilupil in the cllIssroom.

Act 98·409 (SB.604) Religious Freedom Con.tltutlona' Amendment Act

Establishes the Alabama Religious Freedom Amendment prohibiting the burdening of freedom of religion unle~s the govern· ment demo" ~trates that it has II compellin" in tere~t in doing so in the interesls it's achieved by the least restrictive means and provides a claim or defense in relief again,St the g<)\'Cmmenl.

Act 88-487 15B.807) Obsconlty

Regulates "adult only" video stores. lWlult bookstores. adult movie houses, ooult-only entertainment. and sale of obscene material. Actions COmmenced by filing a complaint and a prelimi. nary injunction or tempor:!ry ttllraining order m.l)' be granted.

where they are going to live to the attorney general, Department of Public SafelY, district attorney anJ sheriff of lhe COunty where the sex offender intends to reside. In £:\ICty

Act 88·468 (51·74) Minimum Income Tax

Thresholds

Amend5 Sect ions 40· 18·27 and 73 to Incre:ue lhe minimum individual s\tlte income tax tiling thresholds to 51.875 for 11 single mer and $3,750 (or joint file rs, Prollides that upon cerIific:.tion by lin employee to an employer that the employee incurred no income tax liability (or the preceding Humble year and anticipates none in the current ycar, the employer will not be requlrtd to dtduct or withhold any tax upon the payment of wages to lhe employee_

EXPERT SERVICES FOR LAWYERS

Act 90-470 IHB.901 Forfeltu... of Vehlc'.

Amends Alabama Code Section 30·6· 19 In which a motor vehicle uriven by IlI}erllOn who is drilling while hi5lher drivers license or uTilling prillilege has been canceleu, suspended (IT rcv(lked fo r any reason, may be ~e i zed or forfeited.

Act 90-471 IHB.114, Mutu.IS.rvlce.

Contract.

Authorizes COl.onties anu municipalities to enter into written agreemenu with each other to perform any service common to all contracting partic$ and would establish the require. ments creating the contracts.

Act 90-409 (SB·06) Community Notlflc.tlon Act for Sex Offender.

If 11 sex offender decides that he or she will reside within the 5tilte, then the offender must give fille days wriltenn(ltice of

• Eltpert Witness Testimony

• Litigation Support Progrum and Project Manngernent Highest lind Best Use or u md Asset und In vestment Decision Making

-

Acquisition/Disposition • Pension rund Investment Consuhing

Ii")' lIRa. CIUl

.205."m.1I'hi 1 "",~, Clt.1! ..205""1 ·1)10 C-r Go*-. u. ell! . .lO:S.l5:wm 11_), Onohom, ClIII. ., .lO:S''7101loo 510 ... Onohom, CIUI .. .lOS.1T1 ·1IM o..rk'o 1'oniJ,h, ClU! ..... 205 .~I.l267

ThnIIlaoI. CIUI .•1QU·JO.9ot9o' 1\doI 5/100..,., CM .. ". ,lOS'»:' 7x-J J_liM 5~,_. III, CRfl ,J0 .• 7U1/:11 I~ """"11, CItE

. .205.Ul.1I696

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EIGI·rrH EDITION, 1997

ALABAMA DIVORCE, ALIMONY AND CHILD CUSTODY HORNBOOK

by

THIRD EDI'nON, 1998 Pocket Part

ALABAMA LAW OFFICE PRACfICE DESKBOOK Robert L McCurley, Jr,

by Penny A. Davia

.nd Robert L. McCurley, Jr. IIAlI orders must be PRe PAID. Make checks payable to LAWYERS EDUCATIONAL PRESS, U not h llsfl ed you may return within 10 days for a FULL RETURN,

LAWYERS EDUCATIONAL PRESS r ost Offlu Box 861287 TUKaloosa. AL 35486-0013 NAM~'

__________________

~ ADDR BS ,

____________________________________

Please send me ___ caplet of ALABAMA LAW OFFICE PRACTICE DESKBOOK, 8th ed.itlon. 1997 at 583.00 tac h ($75,00 plus $8.00 lax, postage and handling).

Please lend me ___ copies of ALABAMA DIVORCE., ALIMONY AND CHILD CUSTODY HO RNBOOK. 3td edition, with current Pocket Part, at $89.00 each ($80.00 plus $9.00 lax, pos tage and handling),

case where a criminal sex offender is released, the offende.r must reside a minimum of 30 days at the address they stated in their declaration unless they receive written approval from the sheriff of the county or chief of police, before changing their address. Also provides for 11 community notification n~r to bt distributed to residents, schools and daycare eenters within a speCified distant from the declared residence.

Act 98-494 (H8-432) Criminal Littering Amends Alab..1ma Code Section 131\·7·29 for criminal litter· ing to provide a fine for the first conviction which increases the minimum fin~ from $100 to $250 and the second sub$!!· quent conviction a minimum of $500.

Act 98-a08 (H8.1821 Un.mployment Comp.n ••tlon An individual filing any clnlrm for unemployment must dis· close whether or not they owe child support.

Act 98·609 (S8·310) Abandon.d Vehicle on Privet. Property Amends Alabama Code Section~ 32· 13·1 and 2 to 51}!!ci(y Ihilt the owner o( private pro!}Crly may declare a vehicle ab..1ndoncd under certain cirC'Jmstances when it relllliins on properly main· t.1inW by the p ro~rty owner. 11 re(luires the pro~ rly owner 10 give notice o( decbration of abandonment to the owner of the vehicle when it renl<lins on the property for 30 d:lys, Act 98.618 (HB.2041 R.al Estat. Broker Ag .... m.nt.

Amends Sections 34·27·81 and 82 so that a real estate bro-

2U JULy .....

ki!r or 5111e5 person does not have to prOVide a writl~n disclo· sure agreement fo rm to a business entity.

Tort R.form None of the bills pending on tort reform passed the l.egislature, See Nobumu IAlt'lIer. NUll 1998.

Sarratry Bill proposed by th ~ Alabama State Bar 10 prohibit unlawful practice by non·licen$!!d attorneys or thou whO$( lic~nst has expired did not pass.

F.lr 1\-'al F•• (HB-458) To increase fees for attorneys representing indigent defen· dants to $55 per hour in and out of court and raising the max. imum allowed, passed both houses o( the I.egislature on the l1J.st day of the session but the Covernor did not sign it, there· by leaving the current 198 1 law in effect.

Annual Institute Me.tlng

The Alab.lma l.nw Institute's annual mee.ting will be held at 2:30 p.m. on Thursday, July 9, 1998 at the Perdido neach nuort.

Orange lleach, Alabarn.1 (during the Alabm1W1 S tat~ B.lr Meeting).

For more informlltion concernins the Institute contact Bob McCurley, director, Alllbama LIlw Institute, P.O. Box 861425, Tuscaloosa. Alabl1ll111 35486·0013, fax (205) 348·8411, phone (205)348·7411.

• Instit ute lIome I'age • www.law.ua.edufall

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" The WWVl1r's CrtteJ Wl1S so ;mpl'f!!uice-il remlffded tIl , or what II/owver 1$ supposed to be . .. ..

·;It mo/((ls me proud IIglll" to be II Illw/Jer." - 1.AWVEHS' CO~I~I ENTS ON Tltf: VIDt:O " I did" 'I

rtlulize how mUIIN progNlIIIS IJOU hud 10 help the pubtlC'. "

.. 1I0w C'UII 0111' llC'huo/ purtidpull1

i" IIQIII' pUI'/IIel'/lhlp PI'OfII'OIII""

" It WO$ UII fI.tCt1l1efll 11/(100 ... with 101$ of helpflll ;1Ironllul;01l."

nit: PUBLIC'S COMMt;NTS ON Tilt: VII>EO

HOW CAN YOU DO YOUR PART? • Mike ,ure I'0ur blf IlIoclltlon .811 till IIldeo II '0011 " pOlllbl • .

• Til". ' 11'", opportullity to . how thl, p"'..ntatlon In rour community. from tchool' to churchM to clllie groUPllnd organiution ..

• "I'0U hllllill" Illrelldl' IIOlunt.,red, ch.ck YES b.low to lIolunt.er to prelln' th . p1Og,./II111 1'0'" .,.. wh.n ,.qullt.d. Th. n tal( the frNm to ASB COMMUNICATION'It /334) 26 7·6370.

TO St'RV'; TilE PUBLIC is a complete public 5el"Jice yideo presentation that includes tm eight·minute yidco. a handbook of speech points and detailed informational brochures (or the audience. Designed (or use in spt!aking to ciy1c arId community groups, including Khools. every local bar association in the state received at least one free copy of the yideo present."Ilion and 300 brochures. Highlighted programs include Lawytr IMerral Service. Alternatiye Dispute Resolution Ctnter. Law Week, Dru" Awareness I'rojecls and Sdlool Partnership Programs. Using guidelinet arId rnformlltion IlroYided to them. Lto Ticheli Productions of Birmingham worked wilh a sub-commillee o( the Lawyu Public Relations Committee on shooting, editing and fio.11 production of the video. The ASO Board o( Bar Commissioners enthusill5tical1y funded and supported the enti re project. f'i\le days of shooting in cent ral locations enabled diversity in scenes and opportunities for over 60 lawyers and/or fi rms to participate. Designed fo r use during the upcoming three to five years, the yideo also allows editing of 30· and 60 ·~cond segmenl$ for radio and television announcements as put of a long-range public relations plan.

ObjectiYe5 o( the Lawyer Public Relations Committee project were to; I) highlight public sel"Jice programs and resources of the stale bar, (ocusing on lhe public as the true Mneficiary of our legal system; 2) fealure real Alabama lawyers in\l()lved in their communities to present a positive message about the legal profession in Alabama, and 3) make it easy fo r indiyidual attorneys to Inke this mesSl'Ige oullOtheir communities.

The key to the success of Ihe program lics with each individual bar member. If the video Is r\OI seen by the public, Qu r efforts wi ll h'IVC been fo r n,lughli The clw{{ange IIOW is for A/ab(lll1a al/ome!ls po.~ilioo inlage. ·olle III/llyer al a time. "

10 use Ihis presenlftlion in each of IIt(lir coli/mUll/lies 10 hefp CfCale Ihal

FOR FURTII ER INFO ltl'o IATION. CONTACT comtUNICATIONS. AlJ\IJMIA STATE BAit AT (334) 269· 1515. 1·800':154·6154 , OR CfJ1II"'@(1/(1h(1r.()rg. __ YES, 1will \IOlunteer to assist in presenting the ASB TO SERVE TilE PUBI.IC yideo to dyic, school a.nd community groups in my area.

NMtE'_ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ BAR ASSOCIATION' _ _ __ _ __

ALTERNATIVE

DISPUTE

RESOLUTION

Alabama Supreme Court Commission on Dispute Resolution

By William D. Coleman, chai" Montgomery n energetic Supreme Courl Commission on Dispute Resolution hal been hard at work (or (ou r years in an errort to create a model ADI{ program in Alabama. This ilrtide will provide a brief history o( the commission, dcscribe its membcrship composition, and advise o( its duties lind on-Qoing errorts for the orderly development of ADI~ In the 5tat(:.

A

"oint P.tltlon In 1-1a)'1994, the State Circuit Court Judges Association, the State District Court Judges Association and the Aluooma State Bar fil ed a joint petition with the Supreme COlIT\ o( AJilb;lm.1 requesting the creation of a Suprtme Court Commission on Oispute Resolution. A5 grounds ror the petition. the petitiOfH::T5 recognized tholt the judicial application of AOR principles hIld become inslitution... 1i~d on a noltionaJ scale and that the tmplementation of ADR was being develoPf(! in the Alabama court system through I()C;II initiative and local structuring, particularly in the more populated areas, But the petitioners urged that a commission was needed to provide 11 permanent. central and authoritative body to develop ani implement Ann effectively in the state, Comml •• lon Ea'ebllah.d The ~up reme ((Juri rC5P<mded promptly lmd aftl rmlllivcty to the joint petition. [n June 1994. it entered an order tffec· live July I. 1994 that granted the petition and crealed a brood·based, 19-mem· bey Alabama Supreme Court Commission on Dispute Resolution. The membership of the commission consists of one associate justice of the supreme tourt. one judge of the court of civil appeals, t....,o circuit court judges, two district court judges, three member$ of the Alabama Stale liar. and seven members appointed, one each, by the Govemor, Lieutenant Governor, SP<'aker of the I-louse, Attorney Ceneral. Alab:mlll

'lfial Lawyers Association, Alabilllla l)c(ensc L.awyers Association, and Alabama t.... wyers Association.

Additional ly. three members nrc designated, at Illrge. by the commission to afford diverse representation, i.e., representing groups such as l,lw schools. con· sumer IJroups. husineM groups, labor gro\.JpS, social service agencies, and the like. The direttor of the Administrative Office of Courts and the executive director of tht Alabama Stale Bar M!M: as liai· son members of the commission. The commission meets at !eMt quarterly, alld members stl'\le withoot compensation.

Dutl •• and R••pon.lbilltl •• The commission is charged in Ihe order with instituting necessary guidelines (or the orderly progre55 o( ADlI programs and procedurt.li in the state court systems: supervi.ing the Center (or Dispute Ilesolution; developing training prOCedurc$, q\mlificiltion criteria and standards of conduct for mediators and other ADH neutr<llsj rn.lintaining st.ltistic.,1data to l....aluate tht effectiveness of !\[)Il in Alabama: addressing (undinlJ needs (or implementing ADR: initiating and coordinating community.based A[)f~ programs: and providing advice and recommendations to the Alabama Sllpreme Court on alt matters related to alterna· tive dispute resolution in the state.

On-GoIng Work I;If Comml •• lon An article about the Alabama Center for Dispute Resolution in this ADR issue rtflecu much of the v.'(Irk 0{ the commission. In addition to iu oversight of the center, other on·going !lCtivities o( the commission include:

• .studying the current civil court medita· tion niles (or the purpose o( proposing appropriate revisions; • receivi ng and actinlJ upon applica. tions (or mini-grants to provide (unding fo r Implementing ADR programs: • considering revisions 10 the current interim standards (or mediator registration with the center: • conslderinlJ the adoption of minimum standards (or arbitrators all a prerequi. site (or registration with the center; • coordJl\3ting ptogl'lll11S to educate the Judiciary. stale b.-.r and the public on the nle.1115. methods ;lI'Id benefiU of ADIl: • studying the need for. and creation of. a public issue dispute resolution entity; • workin!! with the Administrative Office of CourlS to tlevelop and i11plel1'll:nt programs to oblllin ~ta tistlc:at data to evaluate on a continuing basi~ the effectiveneu or ADR in tht state; and • studying and proposinlJ procedures for implementation of medialJOn or otl~ r ADR procedures In district courts.

Addi\ion:.tly. the commiuion will con!lnue to monitor the work of the Falnily L.~w Thsk Force. which was created in 1997 by the commission and is com· posed o( the family court judges, domestic relations lllwyers and oUler profes.

5ionllls, This task force will study, dew:lop lind report to the commission recom· mendations for statewide implementalion of a meditation program in the areil o( domestic rcl:.tions. Currently, it is conducting a pitot program in the Montgomery County Famil), Court.

Sugg••tlon. Solicited Comments and suggestions about any IISpect of the work o( tht commission are solicited. Please send them to the commission in CMe of the Alabama Center (or Dispute Resolution located at the state bar buildinlJ, •

-n~~~~==~"~==~----------------------------------------------

ALTERNATIVE

DISPUTE

RESOLUTION

The Alabama Center for Dispute Resolution, Inc.

By Judith M. Keegun, director area. Since then, this special ADfl issue has been on my mind, Alab.,mIl di~putc rc:solution has developed 10 formidable dimensIons during the last four years. In 1997, Ihe center received over 684 requests for written information, and we know we IlJd about that nlllny Mlditi(ln.1J calls we ....oere able to field witho\ll mailing information. We have gone from one mediation trainin$l course a year in AlabalT'l:110 about 30 courses, (rom a few trained medilltol'i to almost 300 on the Alabama Mediiltor Roster. And, because there is a nUd, ....'e arc forming a slale arbitrator rOSier. Current center funding now cornu by way of the Alabama Supreme Court Commission on Dispute Resolution and the Alabama Supreme Court.

The center has been instrumental in developing brochures. education[ll materials, and television ilnd radio !pols promoting mediation. /uthe center director. J make presentations at clubs, churches, state and l!)Cal bar as.wciations, judges' meetings, schools. law schools, professional organizations, and universities, I have give!'! m':lI1Y radio. leltvilion, newspa· per and magazine interviews about alternative dispute resolution. lind the prewlltion and ~arly ruolution of connicl.

emarkably, it has been fou r years 5in~e the Alabama Center (or Dispute Ifc50lution begiln its ,,"'ork, and I was the fo rtunate one selected to help laul'lch it.

1\ allslarled when Judge Joseph Phelps. whom we miss, introduced me to lli1l Coleman III Capell. I-Ioward,

R Knabe

«Cobbs In Montgomery.

Shortly thereafter, I .....as invited by mil Judi/hM. N~ to meet with hin, l'>1arshall Timberlake and Keith Normln at the Alllbama Stalt Bar to InteIVic..... for the new A[)11 Center consultlmt l)Osition. To fund tht nrst years the ceilier's opc111t10n. Ihe state bar Commillee on Alternative r.1ethods of Dispute Ilesolullon had applied for, and receivcd, a grant from the Alabama Law Pounlialion. The center would operate under the supervisioll of the Ilcwly created Alabama Supreme Court Commission on Dispute Resolution. and the bar would provide an office. It was during that first visit that I saw Th41 Alabama l.owger prominently di5playtd in lhe bar's reception

or

nve. yc~ r

W !Cholflr1hlps, 1(Q:lllo illi

fI

r,lI~~'\1

miMI $16.5 million, the: L~w

School

mtlre thn ll $2),2 million rrhrmrilv III enduwment fur

~l Lldc:nt

fllcully support.

the IKivocllcy IlfOllm rn, lecture

5<!;ries, tedmology, lind the law li brnry.

Oth~1 ,«tnl Kcomplilhmcntlill AIMbama'. onlv

public I~w .c1IC01I"dudt,

• no.llnll dlllinrul~u~d 1r""111U(h M JudI'!' H ~ "l' F.dWArds, DiIUKloi Coh.mblll, who (lave 1M HUi<! I.. BllICk I.«tur~: U.S. Suplcn.c Co.... , Justice Antonln Sc~lill. who witlliYC Iht 1m AllHluon L«lut: IcMdmt ~on lll lUtlonftl law nUlhurlty Ron~ld Rolund~. who WIlt vl,l t ln Sprlnll 1m: Mn d Proftuo l l.u Bdlm~ytr of the Ynlc u.w School, who will /lIve the !)n'llel J, MtildOl Lecl ure III 5pllnlll9'19 . 9,)% or 1997 Bfndu~tcll)llJ,sed the i\1~b:lm~ Stl.le 1~1t CXIl In in July 11)<)7 • "'lnlntr 1II000lmn umbll$hcd In FlilxHHg, Swluerllu\d • 1.1•. M.l n Tllxnlloll prOjrunl IlIuihl by 1"lcIMtly\: dltlnnce Ica lllins

It'Chnoloti:y In the 1997 CIIIM employed • ",,,ion'llpIIICI( Diubllhy lrutllule c~~rcd • plMed nnl In Ihe 19911 N.llun~1 o...~."reJn l);onkrUI'I<:y MOO( Coull

· 98% otlludcnu l£I .... u~lln'

uw

cOI"l'tthlun In New YOlk • fOUl tUmi pll\Cw nlll In rt,lonal IIdvoc...::y cOITII'tI;r;(In, '" 19?1w98 • 1>11",1»1"" vld\1mil: fnl 1997 w~1 o~rl 7()')(" nnr 011 h... hl~1 ,e.1 In the I.',~mt rr

• nppo;nil.'ll D.lYhll:l'ildn th\' He vlll Chah.

In

the rwe",dy Olnlr nnd Steven Ilobbs 10

ALTERNATIVE

DISPUTE

Arlene l~ichard!On. my 115sistl\nl since September 1997, has joined me in Ihls ....,ork.

At the center, we network with state offices of dispute resolution around the country, and support federal AOIt initia· tives. For example, we trained EEOC employees in mediation during 1997. and holVe mtl with the Air Force ADR director from the Pentagon to eslllblish the foundation (or a future meeting bNwttfl stale omees of dispute resolution and feder· al agenc), offices of dispute resolution, We recently partnered with the Alabama Department of Public Health (or a national teleconference on preventing youth violence, and helped to developed consmsus among the leadership at Alabama agencies for Execulivt'! Order 42, signed by the Governor on March 18. 1998, that encourages Ihe use of mediation in state administrative agencies.

The center has trained teachers in conflict resolution, Il$ well as attorneys lind citizen volunteers in both mediation and the AllIbllma Code of Ethics for Medintors. As of Ma), 1998. we hilve three court mediation pilot programs up and running, and lire looking forward to making the programs ilnd their results availnble to other interested Alabama courts.

The Montgomery Community Dispute Resolution Center is off to a great stllrl in neighborhood mediation. An article on that program appears in this issue. Other states arc tailing U$ 00:aU!IC lhey ha\'e heard about the cooperative bench and b.1r

RESOLUTION

ADR effort in Aillbama, and our mediation public awareness promotions, and wanl to know how we did it. Annually, the center publishes the roster of mediatol'$, with updates on lhe Web site.

At WY.w.alabamaAOItorg)'Ou can find mediators in your county by clicking on an Alabama map. learn when the nextlraining courses in mediation and arbitration are scheduled. find out about f'l3tional conferences, learn about the I"test sland.'ltd! for Alabama mediators. hypcrlink to other ADR $1lC$. and pick up the latest ADH news. Additionally, the center has been publieited natiorl<ll1y, and has published through iu dlmtor and commission in state :Ind I'IOItiol\o1l publicalions.

What a privilege it has been fo r me to meet and work with ~ marly great Alabama ADI~ leaders, mediators and arbitra· tors in pursuing the center's (10111 to "de~ lop, implement.

Ildmini$ter. IIssist and manage alternative dispute resolution (ADn) prograrm in the courts, neighborhoods. educational facilities and government agencies within the State of Alabama." Thanks for nil )'our support!

Vlslllls at wlllw. alabumaAOH,org.

•

Federal Court Mediation Circuit Coart United St8les Court of Appeals lor Ihe EI8V9(llh CircUli 56 forsyth Strellt. NW Alianla, GA 30303 Three mediatOfs OR siall atlhe Court of Appeals in the CIfl::Ult Medmlion Ollice To 5Chec:kJ1e medi8tJon 01' fOl' mformallofll404)335-6260

Acldemy 01 Family Medielon WNW medl610rs.org Allbaml Clnll r lor Dil PUIl Resolution WNW alabamaADR.org Amlrlcan Arbitration An oclltion WNWadr.org Amarlcan Bar Anociltion Section 01 Dlsputa Rn olulion WNW.abanol.orgJdisPule Au otilliion 01 Family Conciliation Courts WNW.afccnotorg CPR Insiliute lor Dispule ReaoMion WNW cpradr.org Fede,.t Medlallon & Conciliation Service WNWlmes gov Pe.Clmaker Mlnlstrlts www poacamakormioistrills.org Nlli.n. llnatltutt lor Dispule Rnolutlon WNW OIdr.Ofg Society lor Proltnlon. lsln Dlsputt Rnolution WNW.spidr,org

U.S. Ols"icl Courts US DIStlict Court for the NortherR DlstJlct of Alabama 1729 Fifth AvenllQ. NOllh Birmingham, AL 35201 The Nonhern Disifici has 811 ADR plan and panel 0' neutrals To Obioilllln IIppliclilion 10 be on thtl panel and 0 COP'! olihOiI Loca/ Rules and AOR P1Ur1 (which includes panel QlJ1IllflcCltl(lns). wrile 01 call the clerk's olflce 12051731·1700 U.S District Couri for Ihe Mlddlo DISlrlct of Alabama Ulliled StatllS Courthouse 15 Lee Strool Montgomery. AL 36104 Tho Middle OistrlCt currently r;Ioos oot have II formal AOA plan. bul uses magistrates to do mediations Clork's olllet!: 1334) 223·7308 US DiSlrict COUll for Ihe Southern District of Alab<lma Ulliled Stales Courthouso 113 SI. Josep/1 SUellt Mobile. Al36602 The Southern Dlstnct has an ADA piliR and II nautra1 pane! To obtBlO a COIl'( 01 the plan and an applICation fer the panel (with panel quahhca\JOflS)Wflle or call tile clerk's office al (134) fm.2371 ,

ALTERNATIVE

DISPUTE

RESOLUTION

Mediation Comes of Age in Alabama /3,11 I?odney A. Max, Sirote & Permult, P.C.• Birmil1gham, Alabama

Introduction

he yellr 1996 represented the first yellr that Ule concept 01 mediation

T

in Alabanu ""'ali regulated not only by rules of court (which have been in

effect since 1992 in slate COurL~, and since 1993 in the Unittd States district courts). but also by statute and code o( ethics. The s!lIlute and code have been implemented, not to hamper mediation, to the contrary. tile)' arc meant to encourage Ihe use 0( this non.bindin!! voluntary procedure and at the SMlt linle mninlllin the high integrity of the process.

The Statute

On April 23. 1996. Covtrnor rob James signed into law Act 96·5 15 known as the Mandatory Mediation Act. The Act makes mediation mandatory prlor to trial under certain ci rcum· SllInccs and imposes s.lncti on~ for fallute to mediate, It requires that medialion bt mandatory in three instances: (1) At any timtwhere all parties agree, (2) Upon motion by any party. TIle ""rty asking for mediation shall pay the cost o( medilltion, except attorncy fees, unless otherwise agreed.

(3) [1'1 the event no party requestJ mediation, the trial court may, Ort itJ own mlXion. order mediation.

The trial court may a110cate the costs of mediation. except attorney fees, among the parties.

It is Im{)Ortllnt to understand the para· meters of these I11,;)nd.,tu. t'ir~t, the agreement referr(d 10 in subsection I has no time re.sttiction; thus, it may be entered inlo althe lime oftM existing dispute or prior to the existing dispute. In other WQrds, the parties may enter into a contractual relationship thal specifies an agrecmcnllo meeiate, which will. at tile time of a dispute, make mediation mandatory. In the absence 01 an agreement. one party n\lly n?:Quest mediation, and to lhe extent that they arc willing to pay (or it, 5aid mediation is l't\IIndlJtory, Thus. mediation is required by either bilateral (Sllb-

SttIlon I) or uniI"teral bubsection 2) actions of the parties.

Alternativtly, in the abS(!nce of a bilateral or unilateral stipulation, lhe court may order the parties to mediation (subsection 3).

It must be emphasized that there is a dj(fer~nce betwun "nmndlltoJ'y" !uld "bindinl( mediation, Hediation Is not binding. While it ma.~ be mandatory, that mandate merely requires the parties to come to the mediation table and altelllpt to discuss their i55tJ~s in good faith and negotiate ",tlcr~ appropriate. It does not rCQui re partiellto nejlotiate beyond their good faith evaluation of their relative positions.

It is suggested that if a party 10 a mand.lled mediation comes to the good faith opinion that me.:liation is inappropri"te, a protective mrltion to vacate lh~ mediation should be nled, If the mediation is not otherwise vacated, the parties arc required to attene the mediation, Subsection (c) of Act %·515 authorizes the court to apply $anclion5 if a party fails to mediate as required by the Act. Act 96-515 also SCI$ forth parameters in which mediation shall not be ordered: (I) In a I)elition for an order for protection pursuant to Th ~ Protection from Abuse Act. Section 30-5-1 through Section 30-5-10 01 the Code of Alabama 1975 or in any other petition for an order for protection where domestic violence is alleged. (Subsection d).

(2) In a proceeding concerning the CU$tady or visitation of" child, if an order (or protection is In effect or lhe court finds that domestic violence has occurrW. (Subsection e).

(3) [n an aclion involving child support, adult prottctivt! services or

chile protective services wherein the Department of l~uman Resources is a party to said action.

(Subsect ion h).

Where a mediator receives a referral for mediation, he/she is required to Kreen for the occurrence of domestic or family violence between the parties, Where such domestic violence exists, the mediation sh;lll occl,lronly if: ({)(I) M~diation is requested by lhe victim of the a!lelted domestic or family violence: ({)(2) Mediation is prov ded by a certified mediator who 1$ trained in domestic lind family violence in a specialized manner that protects the 5afety of the victIm: and ({)(3) The victim is permitted to have in IIltend;lIlce lit mediation a supporting person of his or her choice, Including but not limited to an attorney or athocate.

AI_b_m_ Code of Ethic. for M.dl_tor.

On March I, 1996, the supreme cou rt adopted Ihe Alab<lma Code of Ethics (or Hediators. Thi~ Code applies to: (I) ~1ediation of case5 pending in courts of tm State of Alabama: and (2) MediatiOn cond\lcted by persons whose name5 are listed on Ihe rostcr of mediators maintained by the Alabama Center for Dispute Ilesolution.

The Code establishes ;'S tandards~ which require lht integril). impartiality and professional competence of all mediators (StaJldard \ , Ceneral(a)).

They require a mediator not accept any ~nltaltement or undertake any lIet that would compromise the me~iator'l Integrity. They require mediators to maintain professional skill" to include but not limited to the follo-Ning: (A) Staying informed of end abiding by 1111 statutes, rules and adminis· JU~V

,Qun I 2'0

ALTERNATIVE

(ralive orden relevant to the practice of mediation: and (8) negularly engaging in educational activities promoting professional growth.

Code of Ethics for r.lcdiatoY$, Standard [1,)12)

The Stnndurds also requi re that a mediator shall b~ candid, accurate and (ully responsive to a court concerning the mediator', q\llllilications, avaIlabIlIty, and other matters pertinent to his or her being u ltcltd to mediate. (Code of ~:Ihic$

for Mediators, Standard 2) The Standards make explicit lhe par·

ties' right to decide the rettOlulion of their dispute:

STANOAHO 4. SELF·OETERNINAT10N (a) Parties' right 10 decide. A medintor shall assist the parties in

reaching an informed and voluntary agreement. Sllbstantive decisions made during mediation are to be made voluntarily by the par· ties, (b) Prohibition of Coercion. A media· tor shall not coerce or unfairly infl(lence a P<lrty Into enleril'l!!

Into il settlement agreemcl'li. (c) l'>1isrepreuntalion Prohibited. A mediator shall nol intel'lliol'lllily misrepreunt material facts or dr· cumstances in the course of a mediation. (d) Ualanced I)rocess. A mediator shall promote II balanced proce" lind shall encourage lhe pilrties 10 participate in the mediation proceedings in a non'lIdvtrsarial manner. (e) nesponsibility to Non· ParticiP1lting Parties, A medilltor may promote consideralion of the interest of perMlns who may be affected by an agreement resulting from the mediation process and who are not represented in the mediation process.

Theu Standards reiterate the impar· tialit)', conflict of interest and confiden· tiality requirements as set (orth in Ihe Medlatlon nulcs The Standards. howe ...• er. define the limits Of II r'r\edill\or'~ offering of professional ad ...ice.

STANDARD 7. PlmFESSIONAL AJ)VICE

DISPUTE

RESOLUTION

(a) Generally. A mtdiator shall not provide informHion the mediator is not qualified by training or uperience to P!'ovide, (bl Independent Ltgal Advice, When a mediator believes a party does not understllnd or appreCillte how a potential agreement reached Ihrou~h the mediation proce5S rna)' ad ...ersely affect the party'~ legal rights or obligations. the mediator should ad ...ise Ihe partie. ipantto seek irdependentlegal advice. (c) Absent Party. If one of the parties is unable to palticlpllle in the mediiltion proceu for psychologiclil or physicill reasons, a mediator should postpone or cancel mediation until such tim!: 115 all parti!:s lire IIble to participate, (d) Personal or Professional Opinion, A mediator discuss possible outcomes of a allie, but a mediator may not offer a personal or professional Opinion reg.uding the likelihood of any specific outcome except in the presence of Ille attorney for the PMt)' to whom the opinion is Jli ...cn.

The Standards also pro...ide. amon~ olher things, for p.ua11eters of mediiltion fees and pro bono services (Standilrd 81 and training and education (Standard 9),

ma,

Why Mediate?

The bar and bench are to be highly commended for establishing responsible laws, rules, and high ethical and profes· sional stalldards whieh are intended to Insure the integrit)' of the mediation process. WI13t the litlgaling partiu and their cou nsel must decide is- why medi· ate?

The best way to appreciate the ...alue of mediation is to understand both the process and to weigh the alternati...es to the process. l'> tedia\ion is an opportullitll for both (or all) sides of a dispute to fairl)', can· didly. and objecti\'CI)' evaluate their positions with the aid of a third-P\lrly neutral- the mediator- for the purpOse of I1chie... ing resolution. The process Is "'01· untnry-e ...en if ordered by Ihe cou rt (once in mediillion, the proce5ll may be terrninaled at the will of either side).

The process is non-binding. (No party is committed to a posilion or course: of action unless '\fld until the partiH reach an agreement: il is only III the time an agreernent is achil....ed that the p<lrties lire boul'ld.) The proceu is confidential.

(This is the hallmark of the mediation process- never will rmy p<lrt)', their 3ttorney or the mediator be called upon or will be allowed to utler statements, positions, or actionslhat occurred within the mediation process. The only exception is if 011 the parties agree to Io'ai\'e the confidentiality rrquirement.j The mediator is someone ch()$('n by the parties or the court who is impartial. knowll'dgeable. trusted lind qualified in brln~ing conOlcting parties together. The medi3tor rcpresel1ls the interest of reso· lution, not by being a dcci5ion-maker of right or wrong. but by being il facilitator (lind if necesM!,)" an architect) of Ihe parties' competing interests. The mlodi,.· tor must be a good listener. 1·Ie/she must be a person who undel'$tands the court. jury andlor other venue in whieh the dis· pute will otherwise be heard. The media· tor must eam Ihe resJ)«t of the parties and their attorneys so that if II/i!II can e~tabli~h a "ballpark o( resolution." he/she will be able 10 bring the parties to "home plate."

The value of mediation tan best be understood by comparing illo the alter· nlltive venue of the courtroom. At the courthouse, the P\lrties art looking to a third part)'-<l judge or six to 12 jurors (depending on federal or stale court/-to make a decision for thern. The only con· trol any party has o...er these decision maken is Ihe power of persuaSion, The jurors do not ~ellhe Olll){)rtunity to haw dialogue with Ihe Ilartlcs or ask questions of their l)Osilions. The jury process. as treasured as it is, limits the means by which the jury receives facls for deliberation: formal rules of evi· dence obtained through direct examina· tion and cross eJ(amination, redirect and re-cross examination untillhe altorn!.'ys have exhausted each witne" with issues deemed to be important to the litigants.

Then ilfter closing arQuments of counsel and jury inwuctlons from the judge, the jurors recess to a pri ...ate room wht'.re. out~ide the control of everyone, they attempt to come 10 a reMllution-<l ...erdict.

-

ALTERNATIVE

Now. Itt uS rtlltct on the jury's deci· sian-milking precess. First, while the parties "pick" their attorneys or their mediator, lhey do not "pick" their jury, The jury is established by II proem whereby each side requests II limited number of potential jurors to be struck from the jury pool. PlaintifCs counsel striku pottntilll jurors who have inter· ests in common with the defendant, and the ddcndanl '$ counselstrikcs potential

DISPUTE

RESOLUTION

If thesc disinterested jurors can reach resolution through a verdict. should nol the part ies be ab'e to do the same through a mediation resolution? The key to success in mediation is the .. bility (or opportunity) or the parties .. nd their counsel to fairly, candidly and objtC"tiveiy weigh the alternative- what is .. rea.wnable verdict range with these facts. with these partics, in this court, 8

before this judge and a rep re5e ntat i~ group or jurors? Through the knowlcdAc and experience of Iht allorncY$ and the mediator, and with the aid of other known, similar precedenlial CMes, a reasonable verdict range can be estab· lished-the "ballpark," And through the trmtcd skill of the mediator. 8 reasonIIble settlement can be aci'ieYfd- "home plale."

jurors who have interests In common

with phlinliff.

The result of this limited 5trikinll procc" is that the parties are left with those jurors who are least undesirable 10 all ilnd least in common with either side. Not only are the rcrn:.i ningjurors the Ic,IsI interesled in the pMlies. they usually do not know each other. SO!nf arc older. some )ounger; some educnted. 50me not; some working, MIme unemployed or retired: some li\'tl in Ihe west PIIrl of lown. some are from the east. north or soulh parI of lown; some are of one race, flhnic origin or faith. and some nrc from others.

00 they (ilirly represent the community? Yes, as fairly as the IcgalllrOCC$$ can guarantee, But, are they better qualified to take Ihe resoluliorl oul of Iht control of the parties? No, not unlcu the partie$ are unable 10 compromise their differences, Let us lI1)!\lyl.~ what a jury must do 10 come to II. decision. All of them musl agree unanimously on a ~rdict. These disinterested poorle. (rom their uncom· mon background! and different points of view (their ooly commonality is their lack of commonality "'lith the parties)_ must all agree on one resulL This is by 110 means nulon'41Iic. ~1 0re limes Ihan not. it lakes hours. if nol days. before Lhey re<lch urlanimilY. Some may align wilh the plaintiff: some mlIy align \\.;th the defendant: and some may just want to talk about it. \\'helher for defer.tant or (or plaintiff and whether (or $100 or $1.000,000, they must eYcntUlllly all agree.

There is no qutsliol1 thnl the jUry process requires romllromise among all jurors. If not, the case wUl end in a mistrial. and the parties will h:we 10 try their case again until they finally get II group of jurors who can work together, com pror~i5l! and agree unanimously on 8 resolution-thl! Jury's verdict.

T he most difficult pmblems l'eCJuu:e the l1'OS~

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ALTERNATIVE Will com prom se be nccuSllry?

Absolutely. but no leS! than that in which tht jury engage in reaching a verdict. It is necessary (or the parties to

agree on the "rightfulness" of the others' position? No. but what 15 neceu.uy is (or each party to listen and understllml lhe other ~idc's pO$ition so-with·

out n eces~l\ril)' lIgrecing--elich clln (airly and cllndidly evaluate the prospec ts

or

resolution.

DI ... ctlng the Medl.tlon Proc •••

The mediator will begin the proceu with a brief introduction. He/she will allow the partic5 10 introduce them-

selves and their representatives. The mediator will introduce him~ l flher~elf and will (uliy, yet simply. explain how the mediation will pruceed. Depending

on the mediator :and the u perienct of tht parties, there will be a comparison of the dispute reiolution alternatives, as discussed above. The medi .. tor will elllphuite the nted for patience and good listening. Finally, the mediator wlli outline and explain the different aspects of mediation- from opening statement to caucoses to the mediation agreement.

Next. the attorneys from each side willnrticulate their po~lIions in opening st.ltemcnts. This is a crucial stage of the mediation. It is a:$ cruci .. 1as the open· ing statement in tri..1(where statistics reveallibout 85 percent of the decision· making occurs). 1-I000'ever, it is crucial in medlMion fora different reason.

In the mediation opening statement. counsel will have. for the first and per· haps only time, the right and the oppor· tunity to speak with th~ oppo~in~ PM' ties. The only other contad with the opposition Is In fo rmal discovery or In cross·examination in the trial of the

"".Direct Itlltcml'll\S to (and eye contact with) the opposing p.. rlies can drive home more than one side's version of the c..se. It can be used to display deter· nlined advocacy. while exhibiting an openness to fair and reasonable com· promise. It can ~Iso be u$ed to emphh· size one's strenJlths and acknowledlle or diffuse Ilpp.lrent \\'cakne~~d. It elln be used to display elll ll~thy "nd compas· sion where appropriate. It can be used

DISPUTE

RESOLUTION

to visualize liability and d.1mages through the use of viJeos. photographs, reporu and itemized charu. Tht pre· parednns of the p;irtJes and their coun· scI at lhe mediation .... ill convey the message of a similar prep..1redness should trial be neces5I\ry.

Upon completion cJ the opening statement. the caucm stage bellins.

Private ca\Jcusu ~re meetlnilS of Ihe parties outside the presence of tht opposing partin. ' Thtre are three types of private caucuus; I . Prh'llte party ClIUClJI with the mediator Here the mediator will visit with each party and hi$lherlilS counsel. These vis· its will be for the Ihrtc:fold purpose of (iI) communicating the opponent's posi. tion and offer; (b) confi dentially evaluat· ing the strengths and wea knesses of that party'S positions: lInd (e) receiving and transmitt ing thai party's responses and counteroffer to the opponent. [( is tht mediator's duty and obllga. tion to keep confidential those lISpeclS of the caucus which ut designattd a~ confidential. l.ikewiu. it is the mtdia· tor'S duty and obligation to convincing.

Iy and ardently. yet t!ctfully. transmit poi nts iI party requests 10 be communi· cated. Accordingly. the mediator plays iI dunl role M n "pils to r~ 1 confidant" lind a "designated advocate" (or each pllrty as Ihe communications go back ilnd forth tov.'ard the goal of re$Olutlon.

2. A Itcond private caucul II a IllTty· counsel caucus.

I-Iere the p..1rty and'or hislher attorney request the right 10 meet ouuide the presence of the medi~tor. This is normal and expected. It allows the client and his/her attorney the right of privacy to re,cs{<lblish their di rtcliOIl in the nego· tiatinJl procus. Thm:lfter, they will reo invite the medilltor to Join them lind shllre the desired response ror lhe medi. ator to t<lke to the other side. The medi· ator will give 1111 P'lrt es and their coun· sci the time and room to caucus togeth. er privately so as to remain comfort<lble with each other and with the process.

3. The t.hir<l type of private (l UCUS Is the attorney caucus.

Here the medi<ltor or ei ther of the nttorneys reque5ts a private meetinll IImong counsel. Such iI caucus will occur outside the pmence of all pllrties.

This type of caucus is usually necessary where legal issues, factulll issues or sim· ply mediation hurdles need to be: con· fronted lind dealt with by and among the attorneys and Ihe Illed!aior.

The parties ~hould be to d aoout all thrH types of caucuses before they occur. [n this Wily, the parlies will know what to e~ l)eCI and will not Jlel suspi. cious of the process. For the mediiltion to succeed. ooth the parties .. nd thei r attorneys must trust lind be comfortable with the proceM. Conclu.lon to Mediation

A. The "Iediation Agreen'enl It i$ the goldel\ rule of mediation that any resolution should be reduced to writing and signed by the PlIrties and Iheir attorneys. Th i~ agreement don not require (orma lity of all det<li led terms and conditions. So l(Jng as the attorneys are familiar with the customs and practices of releases lind dismissals. it i$ sufficient to state: I. The defendants shall pay plaintiff the sum of S within day$ from the dMe of this Agreement.

2. The defendant's counsel shall prepare II complete release 10 be reviewed ilnd nllprovcd by plaintirrs counscl after which pillinliff shllil execute said release.

3. The alxwe.styled case shllil be dis· missed with prejudice, tach party to bear hi5lherlits own CO$ts.

4. The costs of the medial on shall be divided equally betwecn plaintiff (one·half) and defendllnt ~one·haIO .

D~ted:

If there are specific te r m~ wil hin Ihe release thM hnve been negotiated (confi. dentiality, indemni!ication. waiver of subrogation rights. etc.l. these should be: enumerated. If there arc any other aspects or the resolution that have been negotiated. these too should be included.

Each party should Ilet a copy of the agreement. and the mediator should retlli n the original.

B. Post·Mediation Negotiations Often, the resolut ion cannot be achieved in the mediation session. bul

ALTERNATIVE the parties dearly indicate their own

desire to continue the process, Before the mediation seuion is concluded, the parlin and Ihe mediator should altre on

iI

time frame lI·jthin which to com-

plete the resolution. There is always the tendency 10 mOVf onto other casts.

I l owev~r, neither Ihe attorneys nor the medilltor should ~lIow Ihe negotiations to "get stale,"

While the medl.1lor has no authority

to insist on additional

n~gotiation$,

helshe can continue to ir'lquire of the

p;arties lind encoLrage additional move· ment. The mediator can, with consent of counsel, help by communicating with other levels of a party's authority when they are not present at the rnedilltion.

J( resol ution can be reached after the mcdiiltion session, the mediator should conn rm Ihe lerms and conditions by letter to each of the attorneys or the designated ","Irly representative. If reso· lution cannot be reached. the medialor should send a letter of termination to each of the attorneys or tht duignllled party representatives.

DISPUTE

RESOLUTION

C. I~eporl to the Court The rules require tl'e court to be "dvised of the conclusion of the media· tlon. This report is limited to disclosure of the success or the failure of the mediation. If 5ucces~ful. the report should stnte that the attorne~s of record will be forwarding the appropriate dismiSSIlI documents within the nexl fr:w days. If unsuccessful. the Tepert should 5tale that the parties arc prtpared to move forward with litigation. Where Ilppropri· ate. the report may stlite that the attorneys performed most professionally in working toward resolution of the elise while representing the best interests of their clients. This helps to take CIIre of ethical considerations should they Inler be brought into Q\Jesti(ln.

Each attorney or POlity. if unrepre· sented. should get a copy of Ihis report.

been warmly received- by attorneys. thtir clients, and Ihe courts. As guardians of the process, Ihe bench and bar must endeavor 10 assume the highest standards of ethical consider· ations in encou ra~iJlg and utilizing mediation as an alternative dispute resolution mech:mlsm.

Since its implementation. mediation has exPtlnded to all areas of our leglll profmion. It is being drafted into "IJreements ilS widely as it is being vol· untarily entered into between disputing parties. Our bench ilnd b.u have estab· Ii~hed high ~tandard5 of ethical consid· eralions so:u to enable our profession and the publiC to have conl1dcnce in Ihe process. !'>1ediation i~ truly an alterna· tive dispute resolution concept whose lime has come, _

"e'lection In writing on mediation in 1996, 1 stated: In the two and a half years since its implementation mediation has

1

Endnote.

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~ULY

,Glil, 243

ALTERNATIVE

DISPUTE

RESOLUTION

Making Peace in Alabama

By Glenn C. Waddell, re,r;iona/ directo" Southeast f?egion, Peacemaker Ministries

I

n the December 1996 edition of the Alabama State UaT N)D£NDliN, IW1) attorneys debated the Qlll:$tion, " Wh ~ l is the major problem with the leg,,1 profession?'" In his

"counterpoint. William folcCowin observed that historically "lawyers ~re looked up to as facilitators and mcdilltOr! of disputes. Lawyers WHe the onu who took II dispute and set· tied It," While it is rar 100 easy to blame attorneys for all or ri

the real and imagined problems in our legal system, I'>IT.

HcCowln's statement strikes at the heart of whllt mallylawycrs ducribe as their primary

1'1'1011\11111011 fo r practicing law. flfte r all, whal can De more satisfying to an attorney than setlling a client's dispute and solving their prob. lems? Imagine not only solvinJ{ the substantive l~ues in a dis· pute, but helping to reconcile the parties' relationship-whether it is a marriage. friend$hip or bU$iness relationship_ In his 1982 HrPQrt on the State of the Judiciary, Chief Justice Warren Burger wns careful not to lay the blame for our nation'S litigation explo· sion squarely at the (eel of the legal pro· fession. He aceurately observed:

""---

Ont reason our courU have become over· burdened is that Americans are increasing· Iy turning to the courts (or relief from a range of pe r~nll l diwe:ssea and anxieties.

Ilemediu (or personal wrongs that once were considered the responsibilities of institutions other than the courts are n~ boldly asserted as "Iellal entitlements."

The courts have been expected to m( the wid created by the decline 01 church, family, and neighborhood unity.!

Stated more simply, our churches, families and neillhborhoods have los! much of the abilit)' they previously had to prevent dispute!. or at least to resolve conflicu outside tht courtroom. To be sure, the problem extends fOir deeper into our society than a simple increase in IitiRation. l..ocaland national media routinely report on minor conflicls escalating into $Cumes, riots and ev!:!" murder. Ilow can we, as attorneys. help our c()mmunities reclaim the ability to make peace? I"or the m:my Aillbamllllttorneys Involved in local churches. a related questlon is how can we integrate our faith more effectively into the practice of taw?l As rePQrted elsewhere in this issue. there are a number of ongoing initiatives designed to promote dispute resolution

throughout the state, One exciting initiative is thc recent announcement by Peacemaker Ministries that it will Ol)tn its first ·ever regional office in Birmingham this summer.

Peacemaker r-linistries, which has held a number of seminars here in Alabama over tht past few years. was established under the auspices of the Christian upl Societ)' in 1982, Tht ministry is dedicated to teaching practical concepts of peacemaking through seminars. developi ng edLlcational resources, traini ng, lind mediating and arbit rating famIly, busmess, church and Ieg-l l disputes.

The peacemakln" principles taught and ulili;.;ed by Peacemaker M lni~lries, known as Christian Conciliation, improve on the typical mediation process by looking nol just al the resolullon of a claim. but also at the restoration of the relationship of Ihe parties. Parties are required to participate actively in II process that explores Ihe b.'tckground of the problems and searches for soluti()ns. Solutions are not based solely on who ha~ Ihe "deepest pocket," but on universal concepts of nonesty, respOnsibility, justice and concern fo r the other parly. Resolution of per· sonal issues are frequently just as il'l'lportllr"ll as the financial issue which ostensibly framed the original dispute, Peacemaker r-l inislries offers a conciliator train· ing program ("CTP"), and a number of AlalNma attorneys have partlcipaled in lhe e Tr. In fact. the primary reason Peacemaker t-1 iniSlries selected Alabama for its fi rst rellional office Is the high level of interest In the state and the leWl1 community in Christian Conciliation, Por more informntion about the CTP or Peacemaker Ministries generally, take a look lit the ministry's Web page (www.J)tacemakerminlslries.org) or contactlhe ministry at 1537 Avenue 0, Suite 352, Billings, Monttlilil 59102.

• Endnot••

Sr. •• a.. ADOENOU/.! (o..:.mt.t

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ALTERNATIVE

DISPUTE

RESOLUTION

13.11 Scoll N. Hughes, assistant professor of latV and director of clinical education, the University of Alabama School of Law sking attorne)'5 to describe mediation ;5 like asking a group

A

of lIisually imp.lircd Individuah

to define an elephant ; each define~ the pachyderm based on the pnrl they hold

in their hand and tach is certain thllt tilt)' know the 'lrue" animal. '''1''11edia.

lion' is a term used in an 'extraordinary \'ariety or ways,'" Corluquently. attor·

neys and parlies often do not know whllt to expect,'

This conundrum is no more apparent lhan in the fu rious debate between the proponentJ of facilitative and evaluati\1: mediation.' Since the ,....'0 styles are very different in their approachu to lind underlying assumptions about media· tion, it is important that attorneys fully understand each in order to adequately counsel their clients when deciding on the use of mediation and the selection of an approprillte ",ediator. As a disclosure of l)ersonal bill!, I am an unrepentant apologist for facilitative mediation and an ardent opponent of evalWltive medi:ation. With that in mind, I will attempt to be as objective as possible in my 1111111ysi$ of these two styles of mediat ion.

The F.cllltatlv./Ev.lu.Uv. Deb.t.

In fadlilative mediation, which i5 seen by its supporters as the traditional or "pure" mediation,' the role of the .411

~UL"

IODn

r"" illoW"'" 1","'/1"

mediator is to M5ist the disputing parties in evaluating thtir ovm slluations instead of evalualing the disputes (or them.' The pllrties pHtici]ln\e In prob. lem-solving activities in a mllnncr that featurn party choiet,' The principal mission is to clarify &nd to enhance commurlication bet~en the parties in order to help them decide what to do.'

The faci litative mfdiator does not give advice, legal or otherwise; dot's not provide opinions on the relative value of a parties case or indiVidual iS5ues within the matter; and doe! not make predictions on the possible outcome of the action should the parties fai l to reach agreement :and procted to litigation or arbitration.'

Facilitative mediation is based upon three fundlimentlil 1l.uUmlltions: first, the disputants lire rellsonably Intelligent and potentially abte to work with each other if placed in a neutral and safe environment, Second, the parties, :aftrr being properly counseled by their altor· ne)'s are, M capable of understllndirlg their sit\Jations better thlln the medilltor and, pe r hap~, better lhlln their lawyers.'" And, third, the clients. "can develop better solutions than an), mediMor might create.~" In evalullti\'e med alion, the mediator docs what the facilitative mediator does not: she may give advice, make M~U-

menu, propose fair and workable resolutions to one or more issues, pres.s the ~rtieJ \0 accept a p.lrticular resolution, and stllie opinions, including opinlOJI$ on the likely O\Jicomc. 1J This manner of dispute resolution has sc\eral other labels: neutralt.....aluation (or, early neutral evaluation depending UI)()n its tim· ing), .wttlement conference, and settlement-oriented mediation, Evaluative medi:llion ruts upon two fundamen tal premises: nrst. parties .....ant llnd need the mediator to provide guidance on the law and the relative merits and values of their re5pt(tive positions, and second, the mediator. "is qualified to give such guida.nce b)' virtue of training, experience, and objectivity." II An Ilnillysis of the relative merits and demerits of the t.....o processes runs par· aile I to a more generalized view of altern.1tive dispute resolution, Evaluative mtdialion is seen as morc adver~rial than facilitative mediation, The former is thought to De more distributive, where the emphasis is on deciding how much of the pie each gets, while the later is thought to be more integrative where the emphasis is on expanding the size of the pie lind IIlIowlng each side to SIt! more. In evaluative mediation the parties lend to focus on positions, ar8"'ments and compromise, while in radii·

--

ALTERNATIVE

talive mediation the parties focus on interesl$, win-win 5Olulio05. and collaboration.'1 Although it is true that In all medllllions the ",'rlies make the final decision, one crucial difference between Ihe two 5t~le$ of mediation is the source of options and po\cllIial sol utions 10 Ihe dispute, In facilitative medi<ltion, these come (rom the plrties themselves, while in evaluative mediation, Ihe parties look to the medialor lor the ans\\'cr to their problems.

The academic debate over the two styles coalesced after II 1994 article by Len Hiskin u and II follow-up piece two year. later," In this turf bailie over the hea rillond soul of mediation. the proponents of facilitative mediiltton decry Ihat the facililll ti'/c definition ",,',1$ origi. nally intended to be the definition for "all" of mediation and not ju~t 11 portion of it. EvalUlitive mediation is an oxymoron because. by definition the mediator should not interject her own \'aluu into the dispute between the parUu.M On th~ other hand. the term faci litative mediation i5 redundant because the mediator's role is to be facilitative Y Evaluative medi3tion "is both conceptu. ally differcnt from. and operationally inconsistent with, the values and goals chllracteristically:ucribed to the mediation process."" " 1~1Iediali on 15 not a process designed for having an expert apply somc ed ernal criteria to asse!.1 the strengths and weaknesses of the parties' cases:" but is a process for ori· enting the partie:! toward each other.Th'o principal criticisms of evaluative mediation Indudf the parties" 1055 of sel f determination and the mediator's loss of impartiality." Fir$t. "Ithough Ihe pnrlies in mediation al"'ay~ retain the ultimate authority to setlle or not. critics assert thllt the ability to fMhion a resolution based upon their own needs and interests may be compromised by a natural tendency to rely on the ideas. options. opinions and predictions (rom the mediator who is a person with expertise and authority. However, the medi3l0r brlnQ$ only apparent and not actual expertlse. 'rhe parties (with the help of their attorneys) have greater expertise than t.he mediator. ThilY have Jjved wi th the dispute for months. if not )lean, have slept on it, sW(!ated oyer it.

DISPUTE

RESOLUTION

and cried about it. The mediator has. at most. a few hours of exposure to the dispute and cannot be expected to know more th .. n the p.lrtiel.

Second. any opinions or valuations threaten the mediator's impartiality.

Any opinion or evalu~ t !on will favor one side and disfavor the other. Thl: natural tendenc)l of those whose "ox is being gored" by a mediDtoroplnlon is to discount its validity and to attribute it to mediator bias. Such circumstances could severely threattn the mediator's ability to fl,mction.

On the other hand. evaluative media· tion falls within the generally defined limits of mediation.Dln one of the seminal texts in the field. Chris Moore defines mediation liS:

mel'll of issues in disputt."

The rub in the whole debate. then. i$ the nature and the breadth of the term. "assis\'" Should the mediator just usist in a way that guarantees complete se lfdetermination? Or. does this assistance eKlend to opinions about the mcrits of each partiu elise?

Proponents of cva lual ive mediation assert the desire of the J)<uties (or help in ullderstanding the law and how Iheir cases are impacted by the law. Furlher. the Kexpert" mediator can help the parties to determine what is fa ir '0 thaI neither leaves Ihe table on,y to find out later that they "got taken."

Understanding how the law mi~hl vindicate their rights and avoiding an unf,lir result are two legitimate interests of p3rtl~ 5 10 medilltion .

Proponents of racllitative mediation respolld thllt parties bargain under the shadow of the law. not within the con· trol of it. Although the law rna}' ha\'e some iml)3(t on the final rt'Olution. mediation a1l0\\'5 parties to fashion a set-

. . .the intervention into a dispute or negotiation by M acceptable.

Impartial. and neutral third party who Iw no authoritative decision· making power to lJS.u." disputing parties in voluntari ,y reow:hlng Ih(!ir own mutuall)lacccl'table settle·

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tlernen! which comports with the law,

disregards the law or resides somewhere in between, but whith meets Ihe unique nceds of Ihe p;lrtic$ to the

di~putc.

Any

scltlemtnl may I"lralld the relief tha i

would be fash iol~d by II court or not, as lhe case may be. Use of eVIl[Ulltive medialion with its emphasis on comparing the cale to potential outcomes in litiga. tion or to the mediator's expert "uidelines of similar cases, opponents belil'VC. would tend to circumscribe the crea li\~ ability of the parties to resolve the mal· ler in II manner ",-hith nieeL~ their Interests, but which might be ouuide the

realm of normnl courl-fashioned relief.

Unfortunately, since [libeling is also

defining, the structure of the deoote has been too compartmentalized resultin" in /I (Illsc dichotomy between the terms."

Facilitative and eYalulItive mediation are not sep.uate and distinct Ciltcllories. No mediator is purely facilitative. ~:ven thc staunchest facilililti\'e mediator will. from time 10 time. utilize tools which can be considered evaluati\'e. Even a decision to rai$t an i$$ue or ask /I question can be seen:lS evOlluative in nature.

Nor is an evaluative mediator without facilitlltive tools which Me used to create a neutralnnd safe environment for the parties to discUMalternative solutions.

Further. many evaluative mediators will not immediately jump into rendering opinions lind evaluillions \mtil the app!'()priate atmosphere has been developed.

Instead of looking at the two as scp<lrate lind distinct orientations, it is more pro· ductive to look at the tWO :t5 resting lit the opposite ends of II continuum.Choosing _ Medl_tlon StV'.

Assuming thai medi(l[ors tend towilrd one end of the cont inuum or the other. how do you and you client choose the OIllllropriate style for the mediation?

What (oIlO\l's is a short list of considerations. none of which is abwlute or con· trolling. but only suggestive. At the end of the discussion of tach considerOltion I have a added perAOnal comment intended to generate some renection on the two medial Ion ~tyles.

What role does your client want or need 10 tllay In the settlement proeeu?

The place of the client in mediation is 141 JUlV,,,. .

DISPUTE

RESOLUTION

fundamental to the d stinction betv.«n the two alternative arpraaches. l>oes your client want 10 luve a part in creal· ing her own solutions or does she wish to lake it less active role during media· lion? ~'acililative mclliation COllis upon the partic$to create options. explore aitern'Itives. brainstorm pouibi lilies and think ""erally to (ashion a resolution to the dispute. In facilitative mediation. the emllhasis is on self-dtterminatlon. ]fyour client does not desi re to actiYfly participate or 1lppears to lack the ability to do so.t~en evaluati\'e mediation may be in order. With this model. p;uties may take a more passive role, merely having to respond 10 the opinions, valuation$ and predictions of the medil\tor and the posi tions of the othcr parties. In evaluative mediation. the emphMis In on sdtiement.

Since eval uat ive mediation looks more like litigation than facilitative mediation, lawyers appear to (allOr the former over the lalte'. It is only natural for this prejudice to occur. The principles behind evaluative methods are familiar. comfortable and tested while the principle$ behind facilitat ive methods arc new, different and untried.

Eval\mliv~ method~ ~rc easy. even enticing whUe fOlcllitative nlethods are difficult and require some risk-taking.

Attorneys' predisposition for evaluative mediation may not be shared by their clients. Attorneys have to guard against disregarding or underestimating their client's need for a self·determinativt process or thei r ability to participate meaningfully in facilitative medlllIion. an adequa t~ pT()xy ror the that exist? Since evaluative mediation COl lis Upol' the mediator to render opinions on the value o( cases and to possibly predict the outcome or a dispute at trial, the rotural medium of such discussions is money. "IIQUI much ,viii/gel if I go 10 oourlr ~1tI"ul is my rose worlhr Pe rhap~ evaluativt mediation may provide the best fit if money is the sole issue or the bargllining will be purely distributive (dividing the pie) as opposed to integra!i..c (expanding the !ize of the Ilie), <IS in some contract cases or In simille personal injury or property damage casu.

18

m on ~y

Il robl~m ~

With most cases, though. money is a poor proxy for the Issues which the parties bring to the table. Would an apology be in order? Docs you r client need to vent? How important Is il that you r client get to tell her side (/ the story, whether it be 10 Ihe medj~l or or to the ol her side? Will you client not $Ieell at night unless they receive even the slightest recoAnltion of their plight from Ihe other side? Does pain and suffering play ~ major role in you r client's dally life? 15 AOllle sense or closun key to helping your client mo\'e on? If any of these question~ ring true, evaluative mediation and its use of money to solve most ills may not benefit ~our client.

On the other hand, (adtltat lve mcdiation can provide the environment and the facilitative mediator c~ n provide the e ncou ra~ement fo r the parties to eltplore these questions.

Too many attorneys cannot. or chose not. to see the extent to which these issul'S ptrmtate their clients' needs.

Although the money is always nice and sometimes crucial. pure pocketbook justice does liUle. If nothing, to resolve these other mallers. The idea of money is frequently trumped by tnue other concerns in the mind of the client.

When these issues surface, facilitative mediiltion will provide the best chances of resolving all of the Issues and not ;U$t the monetary one.

Ja the dispute . ultepllble 10 collabonIhil, win·wln . olullons? Do opportunities exist for the parties to eltpand the pie instead of focusing merely on how much o( the pie each will receive?

Expanding the pie is the epitome of facilitative mediolion. Are there things thaI one side can do or provide which have greatn value for the plaintiff than the defend.mt? Art there services or goods thOlt the drfendant ClIO provide more cheaply than the plaintiff can purchase? Facilit/llive mediation provides the opportunity to create ingenious combinations of options for resolution, none o( which may have bten apparent to the parties beforehand.

While this ciln occur In evaluative mediation, the orientlltion of this style reduces the OPtlOrtUlllty for such cre· ativily to lake place. Evaluative media.

ALTERNATIVE

lion is one-dimensional. It frequently relits upon the ~)'menl of money as

the only medium of exchange. If the only th ing thaI the defendant can do is pay money. the size of the pie is irrelevant. Each additional dollar for one side is one le u dollar fo r the othct.

I( U\i ~ i~

the case, perhaps eva luative mediation mllYbe beneficial However, attorneys must avoid auto-

matically dismissing any gi'v-en case as merely a distributive dispute. Even in insurance defense cases possibilities llllIy arise. Does Ihe plaintiff have special needs which can be provided (or I'.'ilh II low-cost annuity? Can an apology be tied 10 II memorial donation to a church or chll rlt y? In busineSS-la-business cases. what synergistic PQssibilitles exist between the I)artics? ~'aci litalive mediation, with Its focus on interests and collaborative problem-solving, Is best situated to explore the myriad possibilities which may develop.

What I, the nature of the relation· ship? Do the parties have an ongoing relationship or is this 11 one·time inci· dent in which the p.lrtics were, and will continue LO be, strangers? If there is ,1 relatiol15hlp, fa ci litative mediiltion. with its collaborative and intnut·based ori· entation, will beller help the parties to repair the relMionshlp. "'ork that is cru· cial to iKllidify any reiKllulion of the dispute. A typical elCllmple .....ould be an employer·employEe dispute where the employee still .....orks for the employer or a contTilctual dispute bet....oeen two companies that h~ve continuing busi· neu rclat ion~. I~elatedly, if the parties are stuck in a relationship aR<linst their will. such ll~ 11 divorced couple with continuing child cU$tody and visitation dealings. facilitative mediation is beller situated to provide an environment for the parties to learn dispute re:K)lulion skills by witnessing the skills modeled by the mediator and by actually rtiKllving their own dispute in a safe, hands· on manner.

I'!owever, disputing strangers may see morc benefit from an evaluative model.

This may be especially true in ilutomo· bile persolll1l injury Cll.~es in which the de{endant is represented at mediation by an insurance adjuster.

DISPUTE

RESOLUTION

Caveat: Even where it appears IhM no current relationship exists, Ihue may be a lot of baggage (rom II prior rellllionship with which lhe parties need to deal. For instllllce, in a medical mal · prilctice ~cl ion involving the formCf family doctor, both sides may have sig. nincant personal issues other thnn the pure monetary compens,llion, This may be true for the doctor, 415 well. even though the insurance company will pily any settlement and. since doctors are not experience-ratOO. lny loss will nol affect the premiums. If this 15 the cau. faeilitative mediation can provide a sig. nincant opportunity for healing 10 begi n.

Picking a Mediator Since mediation styles differ from mediator t(l mediator. ;15k each potent ial mediator to generally describer his or her style. Then. proceed to Illore specif. ic qUi'stions: Will you ~val ua t e m)' client's case? If so. under what ci rcumstances will you provide ~ uch evalua· tion? 1)0 you consider yourself II faeilila tive or an evaluative mediator? Without breaching lmy conndences, can )'ou describe a few situations in which you felt your style of mediation worked well?

Conclusion Each attorney should (ully underslllnd potential mediator styles and fully explore the facilitatiwlevilluat ive choice with the clienl before the client makes a decision aboul how to proceed. When it comes to choosing a form of medi ..tion or mediator. make 5ur~ that your client can see the "whole elephant," lind not just depend on the portion thllt you may be holding at the time. to make their decision, _ LN P U-, ~ T""T.., ~ wr., MdllKItt SMuIcI HOI E....... " .. 2.- AI. $I U. l.. ~

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JUL. "'DI

2~D

ALTERNATIVE

DISPUTE

RESOLUTION

Report on Mediation Pilot Project of the Montgomery County Family Court By }Ionorable Richard N. Dorrough, Montgomery County Cireuil Courl n AUAust 1997. the folontgomery County family Court received fundinA from Ihe Alabama Supreme Court Commiuion on l)isllUIC I~esolution for a mediation pilot project. whcrcb~ all new dillQrce c.. us and modifications concerning custody. visitation ilnd post·majority education issues woultl be $ubject to referral fo r mediation. A mediation Ilotke is issued in NICh subject c<lSe and If no objection 15 filed to mediation. an order of mandatory medll\tloll is entered after approximately len days. Pnrties who C.111 show Ihat the)' are unllble to PllY for mediation may seek a waiver and mediators can be paid up to $250 fo r services under the project from project funds.

AlthoUllh the grant ",<IS .. pproved in August 1997. it took until ilpproxim<ltely November 1997. to start the progrilm in earnest. Currenlly. 26 medi<ltors are approved under the pro· grilm project and all three of the (Ilmily court judgu arc undinA mediation notkes and orders o( mediation when appropriate. Cenerally. the response by P'lrtics and the bar has been good. h~r. it initially appears that eduClilion concerning mediation and ~ncou ragement without mand:!ting mediation may be the best approach for family lall.' cases.

Between November 1997 and April 1998, objections to mandatory mediation were filed in approximately 40 percent of the cases. with the primary objections being to the cost of mediation (e\'en in light of the waiver provisions) and nota· tion that the parties are already working toward a settlement

I

with counsel and thnl mediation would apP"D.r to be u!lntcessary. A few aUorney$ routinely object to mediation. but the majority a.re open to lhe same lind apparently are analyzing their cases on II. case.by.case balis.

Or cases ordered to mandatory mediation. approximately one·half haVf resulted in a mediation agreement and settlement: in the other one· half cases, either no report has been flied by the medliltor (prlmllrily due to Ihe parties' (ail· ure to make arran.llemenls for mediation) or a notice of non-

or

sett lement has been received.

Cont rary to e~pcctatlon$, in the majority of cases where mediation occurs, the parties are appllrcntly IlUlkilll:! direct arrangements for payment of mediation fees. Only a f~ requests for waiver of mediation fees have been rccelvcd and olllya handful of requests ha\lf been processed (or pilot fund payment to mediators. It may also be that a number of mediators are utili~ing project mediations as their required pro bono services.

The fo10ntgomery Count)' Family Court is also participating in Dpilot mediation project for visitation access i~ues in pater· nity actions. Under this program a fUnd'P.lid mediator is pre· sent at docket calls, or otherwise available for appointment, to medi3te iMUes of visitation in child support enforcement tlnd paternity acli005. It is hoped tllal this project will be expanded to address other issues in the near future and it ~ppea r$ to be beneficial to clients who arc generally pro .<.If. •

LEGAL DIRECTORIES AVAILABLE FOR THE COUNTIES OF: BALDWfN - $15 B[RMINGHAM/JEFFERSON - $15 DALLAS/BIBB/HALE/WlLCOXlPERRY - $10 MOBILE - $15 TUSCALOOSAIB IBBIF AVETTE/GREENE/HALE /PICKENS/SUMTER - $10

ALABAMA AssocIATION OF LEGAL SECRETARJES<!l A av.t.l1UO Sf11.11 ASSlXt.A T'IOH Of TMI ~liO~ AslcoA'TlI::IN CP L.raAL SLor......

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TO ORDER CONTACT: JANE McGILL, 3708 FIRST ST., MOBILE, AL 36605 334-433-9697/334-433-9698 FAX

ALTERNATIVE

DISPUTE

RESOLUTION

Rules on the Alabama State Bar Resolution of Fee Disputes

By Rodney A. Max, Sil'ole & Permult, Rei WiIIi(1ln W. Scm(/erS0I1, Jr., Lanier, Ford, SlIauer & Payne,' and Judith M. I(eegan, Aiabamci Center fo r Dispute Inc,

I

n 1996, the AIliblITT'llI State liar

Boord of Rar Commissionus llpproved nules on the Resolution of Fee Disputes, TheK Rules dr:vi~e II program by which the Alabama State Bar Committee all Fee Dispute Resolution Is 10 administer a program for rcsolvinil disputes between lawyers ami their clients (Rule 101 Committee l.

The expressed purpose of Ihe program is sci forth in the preamble as foll ows: The purpo.~ of Ihi.f program is

to p1'Oliide u simple und COlll~' nilml non.jlllliciul mech(mism for the resolution of dispul2S IMlu.V!i!1l fawyers and clif!1lfs 0IJ(!f' fees.

" artlclpat!on In the IlrogTllm is completely voluntary. Unless both p~rt ies by written consent i1J1ree to mediation andlor arbltrbtion by the Committee. the Committee has no grounds for Jurisdiction to involve itself with the dispute.

Jurisdiction of the commilt« is pred· Icated upon the pttitioning party providing evidence that he or she h,lS made a good faith effort to resolvt tht di$· pute. Mditionally. tht program is not desiJlned to resolve fcc disputes between Inwyers (where Joint services have been rendered). and is not to be used to resolve disputes between lawyeu in connection with their involvement in a parlneuhip or other business entity.

The preamble provides that parties who conunt to use the fee dispute pro· gram must first attempt to achieve a jointly agreed upon resolution through non·binding mediation. If the parties are unable to rellch Illl agreement through mediation. then binding arbi · tration mllY be requested by either side.

While mediation by dc{inition is non· biniJinl!. arbitratiorl by expressed defini· tion in Ihe nules i~ binding. Thus, to

concluded (Ilute 102).

Committee membership con· sist! of lawyers licemed to practice I..w in the Stale of AI.. bama, with five or more years of experience and who have been trained in media· tion andlor arbitrlltion. The lawyers have been chosen so as to properly rep· resent "a broad spectrum o( the Bar from the standpoint o( firm organitation, geography and types of practice.

The 30 lawyers are divided into three groups of ten lawyers representing the Northem, r-liddlc and Southern dis· trlcu.

In addition. the Hules pl"O'/ldc for an executive board (llule 103) consisting of six members, one o( wh01l1 is Ihe chlli r of the committee. The executive bo.u d is charged with the rcsl}()nsibllity of lWerseeing Ihe work of the committee, reviewing recommendations (or dis· missal of complaints, and developing forms to implement the procedure pre· $Cribtd herein, lind may formulate Rules of procedure not inconsistent with these Rules.

Ilule 104 defineslhe jurisdiction of the committee as fonaws: The Committee shall have juris. diction {)\Ifr any di5llllreemeni between lawyers and clients lWer fees not otherwise precluded by the limitations set forth in nule 104 or H

the extent thlll III"! IIrbitrlltion award is obt.. intd. it is e l"! forcea~le under the gentral Arbitration l~ule5 of the Stale of Alabama.

The Committee on Fee Dispute Ilesolution consists of no more than 36 members to be appointed by the presi. dent o( the Alabama State Bar (Hule 102), The initial committee has been selected and consists of 30 members with staggered terms 01 up to three years. Thereafter, each member ser\'e5 for 11 period of three years. The Hules Ilrovide that if & mCmber'$ term expires while engaged in 11 mediation Or arbitrll· tion. hislher term shall be extended until the media.tion or ~rbitration is

~Ul¥

' 0.0 ,

n.

ALTERNATIVE 105. The fee in question. whether p.1id or unpllid. must be chllrgcd for legal services rendered by a lawyer who i~ or who was at the time of the rendition of Ihe seMel! licensed to practice law in the Slate of AI"b,ama. The services or charges in question must havt betn perfomled either in lhe Slate of Alabama or from an office located in the State of Alabama. AI lhe

lime the legal services in question wue performed there must exist or ha\'e existed an express or implied cont ract establishing an attorneydienl relationship.

Rule IQ<1 txpres51y excludes committeejurisdiclion over disputes in which

it

court has Jurisdiction to fix the fce by st~ l ule or other 11Iw; disputes which involvI! servlccs which may connllu\e 11. violation of lhe Rules of Proft!ssIOrla/ Condllct: and disputes in which Ihe full amount of all terms have already been liKed or approved by order of a court.

Additionally, the dispute must not be the subject of litigation in a court o( reco,rd at the time the petition for mediation o,r arbitration is filed, and the dispute must no,t be the subject of an arbi· tration more than two years following the date o,n which the controversy arose (if Ihe date is disputed, it shall be determined in the same manner as the commencement of /I. c.'\use of action on the underlying contract) Fee complaints are processed according to Hule 105. HeQuests (or Committee consideration of fee disputes shall be submitted in writing on forms approved by the committee and addressed to the Alabama St.lte Bar Committee on Fee Dispute Ilesolution.

415 Dexter Avenue. f'.lontllomery.

Alaban);, 36104. or m"i led 10 the Alabama State Bar. Commillee on fee Dispute Itesolution, P.O, Box 611. f'. lontgomery. AlabatTk,\ 36101-0611.

Rule 105 e~prmly states that a (ee dispute may be referred to the commi ttee by the Alabama State Bar Center for i'ro(es.sional Responsibility, the Disciplinary Commission of the Alabama State !laT. local bar association griev.mce committees, or any attorney or client. Any fet disputes submitted to the Committce. other than from the Alabama State Bar Center for

DISPUTE

RESOLUTION

Professional I~espomibility or the Disciplinary Commission of the Alabama State Bar. are first SEnt to the general counsel of the Alabama State Bar for review o( potential Code o( Professional Respomibility violation$, J( Ihe gentra] counsel dt:termines thlll the pHilion is appropriate, it is processed by the cOllllnitlee PUTsuMt to the nules.

A complaint should state wilh clarity and brevity the facts, the ~titioner'l position. the identity of both the client and the attorney (together with their addresses). a list of names and addresses of thoSE persons who are affected by the outcome, and a statement as to what "000 faith effort the petitioner hM made to resolve lhe ~i5pute.

Once the petition is received by the committee, it will be 1I$~igned ~ number lind forwarded to th ~ chairman of the committee who will a.ssign It to a member within the di ~tr ic t (rom Wllich the complaint arises, A letter of explanation of the process will be sent by the chairman to the client and <lttorney, together with a copy of the I~ules.

The assigned men·ber is required to review the complain: and obta in additional information to assurejurbdiction IJIlder the Rules, Thi5 preliminary review will consist oj a determination as to whether or not an attorney/client rtlationship existed and whethtr (ees were paid and servicts v..'tre rendered under ~n expressed or implied conlr~ct. [f the committee member determines that there are no jurisdictional grounds for the complaint, htishe shall prepare a brief written report selling forth the fucLs Hnd recommendiltion for submission to the executive committee which will make u final decision as to whether or not to npprove or dis.'ppr(lve th~ committee member'l recommendation.

If the executive commiUce dis.1pproves of the commiucc mtmbcr's recommen· dation. the complaint will be reassigned to a new member, If the executive boord concurs in the assigned member', recommendation. the matter is closed and the complainant so advised, If the committee member determines that the complaint meets the jurisdictional prerequisites. he/she will recom· mend that the parties consider mediation and will send U~m a form to exprcssly consent to the process. Upon

receipt of an a(firmative ~spon5e by both parties, mediation shall take place under Rule [06 in the (01 owing manner: I. Medi(llion will be convened within 30 days pursuant to the Alabama Civil Court Mediation Rules, 2. Each party shall have a ~rson or representative present with authority to sell Ie Ihe dispute.

3. If resolved, a wrillen agreement setting forth the terms and conditions o( the resolution shall be prep;lred and signed by all parties.

4. If unresolved, written nolice shall be sent by the committee member declarinillhe mediation process ilt an end.

Consistent with the Alabama Civil Couri Medialion Ihlles, confidentiality of the proceeding~ Is mandatory. [n I\ddition, !t is eXllreuly stated that "~II conferences and discussiolls which occur in connection with mediation conducted pursuant to thl5 process shall be deemed settlement discussions. nnd noth ing said or disclosed. nor any document produced, which is not otherwise independently discoverable, shall be offered or received as evidence or used for impeachment or for any othtr purpose at any current or future arbitration or litigation."

Rule 107 prescribes the arbitration process, If mediation is ulUuccfssful. the committee member or the committee chalrnUJ.n asks the parties to consider binding arbitration. and if the parties are interested, they are givtn the opportunity to expres.s their consent in writing by a form provided by the committee, This consent form includes a notice that the arbitration will be handled pursuant to the procedures set out ill § 6-6- 1el.t(ffj..

CQ(le of Ala/xtma. The nulc further slates thM the .\Tbitrlltor selected shall not be the s.1me t)C!rsoll who krved as mediator.

If the parties do not wIsh to consent to the brbilration, the committee member has "no obligation to MSist the adverse party in finding legal representation, and no obligation to serve without fee as an expert witness in any subs£Quent litiga. tion which the attorney or the client may institute to resolve the di$pule.~ If the parlies do consent to binding arbitration. one commillet member is selecttd to decide ally controversy less

ALTERNATIVE than $2.500. In any conlr()\lersy of $2.500 or more. ~ilhtr party may request thllt lhe arbitration hearing be

conducted by a p;lnc[ of three arbitra· tors. Panel members are selected by the chilir of the committee, who will designate which of the three arbitrators shall be chair of Ihe panel. Each member choM!n must disclose to the committee chllir :my reasons why he/she cannot ethically Or cOnsciously serve on the panel (due 10 a conniel or otherwise), Should II member decline, Ihe commit· tee ch/lIT shall $clrct;m digible com· mittee memher with the mandate to "rotate selection of panel members in an equitable manner.~ The Rule providu for the absence and replacement of arbilrlltors al the discretion of lhe chllir of the panel and/or the chllir of the committee, Partie5 may elect to waive oral hearing and may submit their contentions in writing to loe lrbilrator(s). To the extent that an or",1hraring is requested , lhe arbitrator(s) are vested with all the power~ lind dulic$ as granted and imposed upon neutral arbitrator(s) by the Code of Alabama 1975 § 6·6-1 ct sCQ. The arbitrator(s) will hold 11 hearin" within 45 days after receipt or Ihe lIuignment and Will render lin award within 15 days after the clOSing or lhe hearing. In the event of an Ilrbitration panel. II decision is binding if agreed upon by the majority. Written notice of the hearing is mal!e by registered or certified mail no Ius than 14 days before the hearing. Each party will be requested to file it stllll'mcnt of the (acts It least $even days before the hearing. nule 107 defines "party" as IInY party who has ellecuted a consent to binding Ilrbitrlltion with the understanding Ihtlt if a person has railed to consent to binding arbitration. they shall nOI be entilied to notice and shall not be eligible to participate in the. hearing.

At the arbitration hearinA:. the parti~ are entitled to present evidence and cross· examine witnesses, ~~ach party has a right to be represented by an ;.tlorney, The Hules eJl:prCSll1' prohibit any tx parte communications between party and arbitrator, The arbitrator or panel is entitled to rule on admiuioo and udusion of evi· dence and quesliol\$ of procedure. and is

DISPUTE

RESOLUTION

to exerci$C pc:l\\-'ers relating to tile conduct or the hearing as \t is set (orth in the Code of Alab.llT\i1 1975 § 6-6·1 11/ seq, The arbitrator or panel may request opening statements and prescribe the order of proof, The normal order of proceedings shall be the same as in a tri.:l1 with the petitioner first presenting his or her claim, In any event, 1111 parties shall be afforded full :lIld equal opportunity for the presellilltion of any m.,teriill evidence or felev.lIlt proofs. The standard of proof to be used by the arilitrator(.) In determining iU uI!I ahall be by . pre. ponderance of the eo.idenct.

AlIlestimony shall be !liven under lldministered by the arbitrator (or when n panel. by the chair of the l>anel).

If either p..1rty to the arbitration, having been duly notified, fails to appear, the arbitrator or panel may hellr lind determine the contrOvtTSy upon the evidence produced not withstanding the fallure to appear, and the arbitrators may enter a binding (lw:Hd, TIle decision or th(' arbitrator or panel is expressed in a written award siA:ned by all of them, To the extent that there is a o~ l h,

diMen!. it shall be separate!}' si!lued, but the award shal1 be binding if signed by th(' mi\iority of the arbitrators, (Itule 108) An arbit rator or panelill/l)' grant any remedy of relief, incl\lding a direction for speCific performance, "However, no arbi· trator shall have the authority to enter an aWi\rd ConI1;U')IIO Ihe terms of an executed written contract between the ""rties except on tile grounds of fraud, accident, mistake, or as being contrary to the laws of Ihis State governing contracls,~ In essence. the arbittator(s) shall follow the terms of the contract unless those terms lre vitiated by proof 01 fraud, accident, mistake or mntravelltion 0( statute or common law, Upon ronclwion 0( Ihe arbitration and execution of the award, the chair of the Pimel is required to forw..rd the aWilrd, together with the entire fi le 1.0 the ch.lir of the committee woo, on behalf of the "'lml, will seM a signed tOp'l of the aYo'<1rd on each part)' to the arbitration, either personally, registered or certified mail, Acopy of the aYo'ard is also to be nJed with the Alabama State Bar. Certainly, the parties may settle their dispute during the tourse of the arbitration by submitting a written consent 0( all par· ties in a wriltm stttlement ,",,'ard which

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ALTERNATIVE is to be communicated lIS set forth above (to the arbitrator or panel chair who will thereafter fo",,'aro it to the chair 01 the committee as hereinabove stated).

The award dces not need (0 be in II form, but is to se t forth the remedy consislent with the i55U£5 pre-

p.1rli(ulllf

sented. The awar(,l shOuld not divulge

,Iny matters or conmlunicalions between attorney and client which remilin conl'ldenlilll or privileged, and

may asseu payment of expenses related to the proceedings (but not fees to the

arbitrators or counsel).

I{ule 109 mandates thaI U,C "arbitration shall be gMrned by the substantive laws of the Stale of Alabama without regard to connie!s of law rules and by the arbitration law of the Federal Arbitration Act (Tille 9, United St .. tes Code), and judl/menl upOn the ilward rendered by the Mbitrator may be entered in i!ny court having juriMiictlon Ihereof,~ Accordingly, the a.....ard may be enforced as prOllided by the general arbilration laws of the State of Alabama.

I( the l'Iward determines that Ihe allOrney is not entitled to a fee, the attorney will: A. Terminate aU claim or interest against the client in respect to the subject miltler of the "rbitnltion:

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Thmlinate all rillht to retain possession of documents, rtrords or other property of the client pcrt..lining to the subjetl matter of the i!rbitration: and C. Termlnllte all rlgM to oppose substi· tution of counsel in any pending liti· gation pertninhl' to the subject mattcr of the arbitration.

If UIC award is in favor of the attorney. the award will th Ihe amount of enti· tlement and payment will: A, Constitute a complete satisfaction of all claims and interest againslthe client in Ihe subject matter of the arbitration: S. Tcrminate all figM of Ihe allOrney to retain ponession of any documents, record~ or other property of the client pertaining to the subject mat· ter or the arbitration; lind C. Terminate fill right of the (lilorney 10 oppose substitut ion of any allorney who may be partlcipatinQ: in any pending litigation pertaining 10 the subje<:t matter of Ihe arbitration.

If the aWMd is in ra\l()r of the client and requires a refurd, the payment of the amount identified will constitute a complete $<Itisfaction of all eiaims and interests of the dient against the altor· ney in respect to the subject maller of the arbitration.

Ij.

Under Rule 11 0, confidentiality is expressly mandated, Specifically: With lhe exception of the award itself, all records, documents, files, proceedings. and hearings pertaining to arbitration or mediation of any dispute under these l~ulu in which both the complainant and Ihe attorney have agreed to be bound by the result, ~hall not be Opened to the pubHc or any per$On 1l00lrwolvtd in the dispute without a wrillen consent of both parties to the nrbitrat.ioo or Illfdiation.

1-1OY.'e\'er, the Committee may reve:.1 confidential information in those circumstances in which the Office of Ceneral Counsel of tht Alabill1lil Stale Bnr Isauthori1.ed to do so by Rule 30 <>f the RU/f.'$ of DiscliJ/ilwry Procedure.

This abovc synopsis is not as l1luch an interpretation of the Rules, as it is a recitation and review of them, $0 that mel~,ber~ of the oor are a,~are that the program i! available and are familiar with the procedures. The eMecutive committee, together with Ihe committee itself, is encouraged to review these Hules for the purpose of lthieving consistency, clarification and equitable resu lts.

•

Lee County District Court Volunteer Mediator Pilot Project

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ALTERNATIVE

DISPUTE

RESOLUTION

Governor Signs Executive Order Encouraging Use of Mediation by State Agencies

n Harch 18, 1998, Proclamation Day, Governor f'ob James signe:l Executive Order Number 42 encouraging stale agencies to stud)', d~lop and implement appropriate mediation procedures within their agencies. The executive order was the result of a collaborative effort by the Alabama State Bar Committee on Alternative 1>lethods of Di ~pu t e Re50lution (ADn) Subcommittee on State Administrative Law ADlt chaired by Karen Laf.loreaux Bryan.

P,E. l.af>loreaux & Associates. Inc.: Judith M. Keeg.1n, director.

Alabamll Center for Dispute Resolution, [nc.: Olivia Jenkins, office of lIentr,,1 counsel. Alabama DCpJrtmcnt of ~;nvirOlll'ne nlal M,lnllllement: 0. James Coodwyn, Jr., chief legal counsel, Albbama Department of Conservation and Natural Hesources; lim L. "1ysingcr, deputy general counsel.

Alabama I)epartm~nt of Public Health: Ilobert L. f>1cCurley, Jr.. director. Alabamll Law Institute: Tracy S. McCooey, attorney. Alabama Slate Employees Msociation; H. Frank Ussery, legal cQunsel, and Richard N. Meadows, chief administrative I!lw judge. Alabama I'ersonnei DepMtment: A. Lee Miller III. general counsel. Alabama Department of Finance; Troy H. King, deputy executive secretary. State of Alabama Covernor's Office: and Justice Champ Lyons.lr" Supreme Court of Alabama.

With the executiJe order in place. stage agencies now have the en(Ourallemen ~ of the executive branch to seek mediation training for agency penonnel and to identify ways of u~ing

O

mediation in the workpillce in pre- and post-Ii 11gb/Ion situations.

Sleven A. Benefield. the chair of the state bar Committee on AI)II, lauded the partnership effort. Slating, "The consen5U~ found by all of the parties interested in £xecutive Order 42 is an example of the positille results that can be created by encouraging parties to discuss matters with ,In attitude and willingness to reach agreement rllther than being adllersaries.

Executille Order 42 will provide the Imlletus for state agencies to work creatillely to fi nd agreement with the cili2en5 of Alabama and within ilnd ilmong the agenciu themselves instelld of autom~ti ca lly ilppro<1ching di((erellc~$ with an adversarial altitude. The efficiency lind sllllings generated by 5\Jch lin effort could be staggering. All of thO$/! who participated in the process are 10 be commended. It is arother example of lawyers. in both Ilrill<1tc practice and gOllernment sel'\lic€:, sel'\ling the public."

A task force is being formed to facilitate and coordinate the study and implementation of mediation in state atministrative agencies and officu. "larshall Timberlake and Karen t.a,.10reaux Bryan will head that task force. Additional membeu will include representatives of state agencies.

On the SlIme day, Governor James made an initial contribution of S100.000 to the recently formed Alabama Dispute Re5()lution Foundation. Accepting the check v.'ere "1arsh:!.11 Timberlake and Frank Lankford.

• JU~ylt""':U

ALTERNATIVE

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RESOLUTION

The Montgomery Community Dispute Resolution Program 11,11 Malcobn N. Carmichael, Balch & Bingham, Monl,qomerll urinQ 1997, Leadership J'>1ontgomery, Inc. sponsored the formation of the Hontgomery Community Dispute Resolution Program ("J'>tCDR"j. a community·based alternMive dispJle resolution program located In Montgomery. t>1odeled in part after the l)ispute Settlement Center of Durham, North Caroli na, the f.lonlllOmery program trained its first all·\'Olunteer communit)' mediators during August 1997. A 20·holJr, two-and-a-half dll)' block of intensive lraining Wi!.S provided by II trainer (rom the Dispute Settlement Center of I)\lrhnm.

Mel)ll accepts rcfcmls of community disputes (rom the Montgomery area al large. There is no charge for community mediation 5crvicc$ provided thfough the program by its vol· unteer mediators. rourteen volunteer mediators became part of the initial core mediator group, Program volunteer mediators for community disputes are not required to be attorneys.

The mediators represent a variety of educational, work lind cultural backgrounds and renec! the demoAraphic m3keup of

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Address TrackIng Sorvlce Class Member Data Base Mnlntonance

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the community 115 II whole. Of the 14 initial volunteer media· tors, only one is a la\'J)'fr.

The purpose of folCDR is to reduce destructive conOlct and offer const rl,lctive processes for resolving differences and disputes referred to t>1CDR between individuals. groups and organizations;n the community. Typical community disputes may invQlve issues OVH neighborhood parking. boundaries and uses. neighborhood relationshi ps, harassment. animal mlisance. dl!turblng the peace and noise, or strife imong coworkers. (riends or other connicls where maintaining a posi· tive relationship is a critical (actor. Public issue di~pute~ may also be dcalt with through a community mediation program.

Cases referred to MCOH are initially ~c ree ned by the program director. If determined appropriate for community mediation, the program director will a~5ign tach C.l$C as promptly M possible to vol unteer mediators. Each Mc on case is assigned to t""o volunteer rnedi~tors. Normally ~ mediation is scheduled within two weeks of its referral to the program, The fint mediation of a case referred to t>ICDR was completed on August 27, 1997. By Apdl 15, 1998 77 cases had been referred to t>ICDR. Of those cases, 73 were deemed appropriate for mediation. Fifty mediations have been conducted or $cheduled for medi8tion by April 15, 1998, Written or verbal agreemenU resu lted in 97 percent of those cases where mediations have al ready taken place, The community disputes mediated IhrouAh MC DI~ Include property. neighbor-to-neighbor. harassment, disorderly conduct. and relaliOtlshipicomm\Jnication issues. In some cases warrants had already been issued but were dismissed by the parties as a result of the mediation.

The fol ()n dL"Veloped a comprehemive program mamaal, includin" contraeu by which the disputllnl& agree 10 participat~ in the I11(!dillliOf'i and lIbide by the f.1CI)R confidentiality mlu.

The mam.JOII also includes (orm mediation al!reements which are completed and signed by the parties during the course of the medi8tion. Ethical guidelines (or the mediators arc ;llso included.

The t>ICI)Il inlends to be a model (or other towns in the state ",'ith respect to community mediation programs.

Additional information regarding MCDI~ may bt obtained from the program director. John Dow. at P.O. 80x 24144 1. t>lontgomery, Alabama 36 124· 1441. or (334) 395-9871.

The t>1CD I~ has already alleviated some of the criminal court docket in Ihe t>lonlgomery community. It is further providing members of tht community with a process by which persons in conniet may seek 10 resolve that conOlct themselves. t>tCJ)n mediators are afforded the unique opportunity to demonstrate to citizens problem resolution and communication skills and methods that would otherwise not be available to the community. Those skills and methods m",y also be applied by citizens themselves in addre~ing other conflicts.

•

--ALTERNATIVE

University of Alabama School of Law

By Scott Hughes, director orClinic(1I Education he University of Alahnma offers II three-credit-hour survey CC),lrse in AJlematiw: Dispute 1(l:solulion. Since demllnd for the CQur$C hlls increased mor/: than six·fold. ADl~ may be: offered each semester for lit Icasl three more semester:!. This simullll ionbased course emphasizes integra. tive negotilltior skills. faclHlalive medilltion and communioalion styles while sUll lcaving time to discuss Ihooretic111 and ethical iSSUC5 which abound in ADlt The students team by planning for and conductin!!: a variety of role·play. inlt exercises. renectinJl on the results of the elercist5. and then writing about thei r experiencu.

T

This "learning loop~ helps rein. force the ski lls and values which

are crucial to all forms of volun. tary dispute rewlution. Finally, near the end of the semester, the students are gmuped into teams for the design ~ nd analysis of II mediation simul/ltion, l3ecause o( the increased inter. est in this topic. ! will be team· tuchinlt this course with skilled negotiators and mediators (rom the comrnur\it) in order to maint<Jin clo$e cont~c t with the students. l am also working on plans (or a mediation clinic to give inter_ ested stlldents a hands-on expo• sure to mediation,

1

I

DISPUTE

RESOLUTION

The Institute for Dispute Resolution at Jones School of Law By /(elmeth R Dunham, ADR director, Jones School of Low, Faul!t.l1er Un;versily

n February 19, 1998, J one~ School of Law ho:ued the Second Annual AJabanu Conference on Dispute I~esolution. The keynote speak. er (or the second con(l'fenCe WIlS N. Lee Cooper, immediate pas! president of the American Bar Association, Following Mr. Cooper's keynote address about the IXlsit ive effects of mediation on the dai ly practice of law, the participants were "ble to choose (rom a \ariety of topical cl"ssts in the ADR field. The (acuity for the $econd col'lference included nu merous local, nation"l:and international luminaries in the field o( dispute resolu. tion, The Second Annual Jones School of Law f.1edlation Award was presented to Birmingham altorn<y and medi/ltor Marshall Timberlake.

The approach taken regarding ADR at Jones School of Law is two-fol d.

Practical skills semintll'5 will be offered on II regulM basis to al ow lawyers and other professionals to enhance their A DI~ skills, and elective curriculum Courses will be offered to law students.

10nu School of Law will offer several ~emlna r courses in medl'ltion ~nd nego-

O

tiation in the coming1llonths. These courses will be taught by instructors who are certified profeSSionals in their neld, The curriculum course offerings will be expanded in the nearfuture to include arbitration, negotiation, and interviewing and counseling. in addition to the prnenl course offerings. The fu ture pl,ms include a certificate program in A ))J~ (or professionals, llI'Id eventually an J.J..M program in ADR. The In~ tit u t e for Dispute Resolution at Jones School of Law has as its stated goal to be the best ADn training facility in the Southeast. TIle Institute is com. mitted to 1llaintaining the h ghest qual . ity programs and courses available in the ADR neld, I\'hile keeping the cost or these programs at an affordable 1C\'eI, For more information abo!!t program availability "nd upcoming seminars at JOnts School of Law, contact Kenneth ~~ Dunham, AJ)R director, or M ~ l i$$Ol IlIIyer. assi5t"nt to the director, Institute (or Dispute nesolution, Jone! School of Law, f-'aulkner Univtrsity, 5345 Atlanl.'l Ilighway, Montgomery, Alalnma 36109, or call (334) 260·610 J. •

Richard Wilson & Associates Reg istered Professional Court Reporters 804 S. Perry Street Montgomery, Alabama 36 104

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ALTERNATIVE

DISPUTE

RESOLUTION

ADR at Cumberland School of Law of Samford University

By Henry C, Strickland. Professor of Law Cumberland School of Law, Samford Universi/.IJ Itcrnativt Di$pute nesoiution was taught at Cumberl~nd School of Law even before the subject

A

be<:ame II well·known and important pari of law praclice in Alabama. Today, ADR is an importallt parI of the cur-

riculum. The subject is now a part of many traditionlll COuTSes, including civil procedure. conlractJ, domestic rel"Uons, and others. In addition, Cumberland offeu a growing number of specialized courses and extra-curricular opportunities relating to ADit AOn instruction al Cumberland cu rrently is built Ground an elective course entitled "Alt ernative Dispute Il eso luli o n, ~ which is offered every semester. This course surve)'s the many p rocess~s available to resolve disputes and examines both the dynamics and legal implications of those processes. It exam· Ines negotiation. mediation and arbitration as ~II as such other processes as the minitrial. summary jury trial, med/arb, and others. It also provides students the opportunity to con·

D, Dale 'TYler.. ,f ounder of Tyler, E. ton, Morg(,,", Nichols & Pritchett Court Reporters, alea on January 28, 1998, He was our mentor; aear friena ana partner, Oale was the ~ rst Registered Professional Court Reporter In the state of Alabama, an expert in his ~eld , and was always armea with a lawgh, a helping hand and a wa rm , caring heart. we will miss him deeply I OOn Eoton Gary Morgan LOuro Nichols Goil Pritchett Mlk~ lowery Teres(] 7\.I' Clultt !){Ina SCott SUson rr~'l(l away Paige PO..,gh SCott Faith Roy Mayo Xiong VCllIl.CIWtry Miriam SttwOl1 fltanor Pickett Mlch~le l.tt Anll Kines

duel mock negotiations and mediations. Other courses relat· ing to AJ)H that are currently in the calalogue or being devel· oped for the 1998·99 academic )'far are legal interviewing, counseling and negotiation: a mediation semil\1r; and a semi· nar on faith·based conciliation, offered In conjunction with Samford's Beeson Divinity School.

Cumberland also provides students opportunities to devel· op negotiation skills in several negotiation competitions, The school holds intramural negotiation competition! each spring and summer modeled on the ABA Niltionill Ne~otl ati on Com[lCtition. In these competitions, students conduct mock negotiiltions, complete with confidential information and instructions from thetr clienls. These M:ssions are judged and critiqued by experienced lawyer·negotiators in the Birmingham area and by faculty. Cumberland also has been active in the ABA's National Negotiation Competition, hosting the regional competition regul/ltly arId fielding teams each year. Like its trial teams, Cumberland'S negotiation teams have been very successful. This )lear's team, for example, won the Southeast Ilegional held in Virginlll lind went on to place third in the country at the national fina ls.

Curnberlnnd will alter and expand its ADH instruction in the next yeilr or two ilS part of a complete review of the cur· riculum now being planned. Details of Ihe changes must awailthe completion Of that "roce», but they likely will include additional specialized courses on such $ubjeclS as negotiation, medialion and arbitration. The faculty also intends to explore programs lhat will offer additionOlI experiential trOlinlng In the ADR area, including cxtemships OInd perhaps in\lOlvement in some form of mediMion clinic, With iu current programs and these changes, Cumberland will continue its tradition of strong skills training not only in the area of trial advocacy but also in ADR, •

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ALTERNATIVE

DISPUTE

RESOLUTION

Environmental Law Section Initiates Community Service Project he Environmental Law Section of the Alabama State Bar has taken an active role

T

in the community by

developing and instigat. ing an ongOing mtdittlion-oriented service project aimed at hiilh school and college-aged )'Oung men and women in

Alaboma, The section initiated ils project in celebration of ftI....,bm u/Cirl Srout 7I1I<¥1238 Earth Day, conducting its flul environmental mediation scenario on April 21 with law students in an Alternative Dispute nuolution class taught by Profeuor Stolt II. Hughes at the UniVfrsity of Alabama School of Law. On April 28, graduate and undergraduate students in Or. C. Hobson Bryan. Jr.'5 Environment and Society chw used Ihe scenario for their final elw of lhe umeSltr M /I way of demon~t rating what they h~d learned throughout the semester.

In M~y. two Senior Girl Scout Troops. Troop 238 co·led by Nancy Lambert Brown ~nd Belty Hardee. and Troop 343 led

by Linda Steeves. initiated a program o( study utilizing the Environmental Law Section's mediation role·play scenario to demonstrate their conmet resolution skills (or achievement o( the Cirl Scout Cold Award. the highest award granted a Girl Scoul.

Byron Bart Slawson. a practicing attorney from Birmingham, Alabama, and K;mm Bry,m. vice-pre5ident of P.E. LaMoreaux & Associates. Inc. (PEIJ\), an environmental consulting firm, ~crve as co·chairs of garth Day activities for the Environmental Law Seellon. They developed the Aeript for the sconllrio which involves the Siting request (or a Concentrated Animal Feed Operatiol) (CAFO) by Pigs R Us, a fictional corporation. in I'ennyleu County, a fictional county. rots. Bryan, a practicing attorney.mediator. has led the media· tion role-plays (or Ihe Environmental Law Section.

The Environmental l.aw Section o( lhe Alabama State Sar plans to conduct role-play Kenario5 throughout the year in elementary Khool. high Khool :md college classes around the slate. The projecl provides an opportunity fo r members of the Jlection to become involved in community service work and to learn more about mediation and CAFQs. Anyone interested in participating in or conducting a roleplay activity in conjunction with the Environmel)(al Law Section should call Kartn Bryan at (205) 752·5543 (1\IKaloos.a) or Bart Slawson at (205) 870· 1997 (Birmingham).

• JUly ...... '

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ALTERNATIVE

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RESOLUTION

M.w ...G.IJc/im.

SMlbd Utilr.tWty JItr:JM

Brewer and Cole:

Alabam a Constitutional L aw 2nd edition

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Alabama Academy of Attorney Mediators Holds First Meeting he first meeting of the Alabama Academy of Attorney Mediators

T

was held on May 7 at the office of its president, Charles

Oenaburg of Najjar Donaburg, P.C. in Birmingham, Alabama .

The Alabama Academy of Attorney Mediators is a nonprofit organiza-

tion that was formed this year for tho purpose of supporting and promoting attorney-mediators who are committed to using mediation as a method of alternative dispute resolution.

Members of the Academy are among the most experienced ananeymediators in Alabama. The Academv's membership is open to Alabama attorney-mediators who are sponSOfOO by three members 01 the Academy and who have practiced at least ten vears, completed 20 hours of 'nediation training. and corducted teo mediations in the precedilYil two years.

•

ALTERNATIVE

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RESOLUTION

ASH School Partnership Program he Al/lbnm,l Slate n",r'5 ,ucce»ful school program, now in place or being started in 14 Alabama counties. is actively involving 5l u~n t5 in coolliet resolution. The Honl"OmCIj' County Bar Association served as the pilot proJiram sponsor in 1996, using the American liar ru.sodalion's "I'm the !'coplt-It 's

T

partner~hip

about citizenship and you" curriculum. I{csolvlng conmct.~. One of four topics included in the mater· ial. is ont: of the most popular <lmon.!! 11lwycrs :lIld

IC/lchers in the prO!ointm. Conflict resolution being taught in the classroom is featured prominently in

the ASB public service . . ideo prcscnt"lion "TO SEHVE THE PUBLJC" and in the excerpts used (or a 30·second public 1m.1ge st.llc:widt: radio and tele· vision caml)"ligr begun in 1998.

Peer Mediation In Alabama Schools

,.,<Xl,f()f' Cwtllj MiIlJI.! .')(hooI Jlw.'!/J IX.rrklpalli in J}tU' mt!diuliotl lro/Untll. tltl'OlJ4lr u miflJ1/fllfI11i'twlI 1M AlabwTl(l SIJ,1I'm1tl Coorl Commiuiot. on 1)kp{/1~ lkfoIu/kM. Tluhting of 11M si.u}mll ~w «JtIIIIKIM "" Allttol/oNl/ 0/1"" l!utI/Il:i11i: /k1l•..,./JuW1dS lJ.rwII.

With so much at stake, whom will ou trust with your next valuation?

Expen VllulllOn iii cntbl ror)'Oll .nd )'OU r ditntJ. Wha~r your n«d., rKI OIhtr I'Ilu"lO" IlnIICfillor\er In AlIiMlIIII hu Don Minyard'. combination of cxptrtbe and C'l'tdtntltl ..

1Ii.)'eII"" of l~h13.t Auburn IIId Slmt'onl UnwO'IltleJ h.ve siven ~im l he ability IOcxpll.ln oomplcx nNltlclalluutl In I nllUlner '1I)'011e ~I)(II;IIIUy j uron-

• 1'11.0 in Accountancy • AccrMitcd in BUlincu V.llla tion (one: only c:l;ht ln "1~lJII nul,)

or

• Ce rtified Pu blic Accoun tant

can undcnlRlld. Tnm you r next ~J I LLRtlo"

• C:crt ific:d !'raud tJium lncr

to Oon

Fonn,le Accollnlln. {

M iny~ rd

1111,1 hi, ICPln.

• UI~t\on SIIPpilI'1

• l'rIIud txJmll\l.llon

• tlcptrl Wi t _

• C\)nJu lt l~

• IlulirlCU Valll.l lon

Minyard and Associates, P.C. CPA Accrtditcd in Busine&l Valuation l.\o!Ibrr o'.mcMln ,,\.hl ~K 01 CeMII'ird I'lltoIlc ~IMIa, .uw.... S«id1 01 Ctl1ilWd P'UblIc: ~nlMIa, A»Orialbl 01 Cnllfled rn~ tumlrom

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~UlY

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~a l

Attorneys: Buy Extras for Your Staffl

1998 [B3~[RS, [Q)o~~cr@[RS,U~~

are in!

Members $25 each 1 TO 5 COPIES $20 each 6

OR MORE COPIES

Non-members $60 each OItOERS MUST BE PRE- PAI D

Mail check to: Ala b a m a B a r' Directory • P.O. Box 4156 • Montgomery, A L 3 6101

n

l...QNSUMER ':F!NANCE BUYING TIME

GAL ~PECTS of -DIVORCE

OR ON

... ollt/illes im/>OT'ram aslleCI$ of buyilJR on credir and principal kinds of COIlSW!1(.'t' credit /)kms lIna [rnJl~

... offeys oPlions and choices hwo/wd ;11 aiV01'ce

Alabama State Bar Publications Order Form The AI<lb;ullJ Slate Bnr is plc(l~cd [0 m.lke ilVilil .. blc 10 inclivldu1l1 illtorncys, firms ill1rlloCil l bar ilssocialiolls, al <:()~l only, a series of broch(rres on J ""fiely of legallopics of inlefest to th e gener,,) public.

Below is a (urrent liSTing of public informntion brOc!1\rrcs available from the Alabilma SlalC Har for distribution by loclli bar ,1 ~!IOCialion5, under est.lbllshcd guidelines.

Brochures L.'JW

As A Career

$ 10.00 Ilcr 100

Ql y. _ _ $ _ __

_

... OPllOrtuni lics and chnlicllKcs of 11 law career lodJY.

L.lwyers .1nd Lega' Fces ... il

$ 10.00 per 100 Qly. _ _ $, _ _ __ summary of basic information on common legal Questions and proccdur<'S for the seneral public

Last Will & Testament

$ 10.00 pcr 100

Qly. _ _ $ _ _ __

... covers aspects of e~tate planning and the importance of h<lVing II will

Legal Aspects of Divorce .. . offers options

$ 10.00 per 100

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,lIld choices involved in dIvorce

Consumer Finance or "Buying on Time"

... o utlines important consi derations and provides advice on fin,lIlciai maller~ affecting the individual or family

Medi.'Jtion ... Another Method

$ 10.00 I~r 100

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(or Resolving Disputes ... provides an overview of the mediation process in <luestion.J nd.answer form

$5.00 each Qly. _ _ $ -::-_ _ __ Acr ylic Urochurc Stand ... lndividUiII 51.1n<l imprinted with indivlduJI, (ifm or bilf associalion name for use at d istribution points.

One stand per brochure i\ re<:omrncndcd, Name 10 imprint nn stand: _ _ _ _ _ _ _ _ __ _ __ _ SuhtotoliS _ _ _ __ Mailing Address Shipping & H.lrldlingS 5.00 TOTALS _ __

"lease remit O I[CK OR MONEY ONf)EN MAf)E PAYABLE TO

_

n IE AI.AHAMA STATE BAR

for the amoun t IlslCod on the TO TAL line and fo rward it with this o rder form to : SUS-'In H . Alldrcs, Din..'ctor of Communications, AI,lbama Stilte Bar, P.O. Box 671 , Montgomery, AL 3(,10 1, (JJ 4) 269路 1515

~UlV

t o,"

2113

In-State Mediation Training (Approved for CLE credit and Alabama Center for Dispute Resolu tion roster registrat ion)

July 13-15 Birmingham

Mediat ion PrO~81JS & tho Skill. of Conflict Re solution LltiQotion Alternatives. Inc.

may Smith:

CLE

The following Iis/,1n.Q is a random sampling oIin·s/ale programs (lpprrJUf..'d for (7'(!(/il

by Iha A/aoonlO Mam/olory eLf.: CommissiolJ OIl/he win/il1g dwdlbw t1a1(1 for this issue of The Ailloomll Ul\\')'er. Mal/u other ill-s((lie programs, as well a.( programs lIationwide, are contillually OOli'l.fl evo/ullteti allll IIPPrrJlI(.'(/. All aro kkmlified b!l.~p(m$(}r, /ocoli(Jll, ciate and specillfly area, for (I oomplete b:\·til/g, contact the /IIeLE CiJmmissioll office 01 (334) 269·1515, (!;(/. 156 or 1$8, or .I1Q1.1 may lIiew a complele listing of current. lIPprOO(.'(/ programs a/ www.a!t1oor.org.

18001 ADR-FIRM • (SSB) ADRCLE3 22 Hours July 16- 18 Montgomery

Medlntlon Process & tho Skill, of Conflict Re solution litigation Ahernatives. Inc nrcy Smith:

(BOO) ADR·FIRM • (888) ADRCLE3 22 Hours July 20-22

Mobile M ediat ion

Procon & th/il Sklll!l of Confli ct Resolution Lit igation Alternallves, Inc.

ITroy Smith: (8001 ADR·FIRM • (8881 AORCLE3 22 Hours August 5·9 Montgomery Divorce Modlatlon School for DI5pute Resolution

(lemoine P ereal (404) 37304457

40 Hours OUT· OF·STATE

July 16·20 Atlan lEl Divorce Medilltlon Atlantll Divorce Medifltors IElilaOOth Manley)

(800) 862-1425 40 Hours Note: To dille, all courses except those noted have been approved by the Centar. Please check the Interim Mediator Standards nnd ~eg l 5 tratlon Procodures to meke suro course hOurs listed will sa tiS fy the 16{)istrallon reQlJlraments. For &ddltionel ou t-of-stllte training, including C(X.Jfses In At lanta, GeQfgla, can the Alabama Cemor for Dispule ResoMlon 81 13341 2690409

2G4 JULY ""'0

OPPORTUNITIES

AUGUST

JULY

"E((ectlve Sign Regulations for Small and Nldslze CUies Birmingham University of Norlh Alabama CLE credits: 6.0 Cost: $149 (205) 760-4862 IS

Trying the Automobile Injury Case III Alabama Hobile Hadisson Admiral Semmes Hotel National BU5i ne~ Institute CLI:: credits: 6.0 Cost $179 (71 5) 835-8525 17

Trying the Automobile Injury elise III Alabama Monlgomcry Covernor's HOUSf National Blisine~ Instit!)tc CLE credits: 6.0 Cos\: $179

17151835·8525 lIuyen and Sellers Deware: A Culde to Buying or SeiUng an AI~bama lIuJlint8s Huntsvil le Lorman Business Center. Inc. CLE credits: 6.0 Cost: $169 (71 5) 833·3940 21

Recent Developments In Insurance t..w

IJirminghlltll Lorman Business Center, Inc. CI.E credits: 6.0 Cost: $169 (71 5) 833·3940

5·" Divorce & Child CU8tody Medilltlon Trnining Montllomery School for Dispute He~ol uti on CLE credits: 40.0 Cost: $985 (404)299. 1128 7

'>raetical AlIpec\! of Defending the DUI & I)UI Accident Doth;m SB I Professional Development SCr'llinllrs CLE credits: 6.0 (800) 826·768 1

12 Praclical A~pecl~ IJf Ddending the n Ul & DUI Accidenl Birmingham SB1 Professional Oevelo\)rlltnt Sc:minars CLE credits: 6,0 (800) 826·7681 13

Domulic Violc:nce Bench ]'I1:I.n1l31 Trnining Seminar Montgomery Alabllmll Judicial College CLE credits: 5.3 (334) 242·0300

"

Practical AJlpt!cIJl of Ilefendh\g the DUI & DUI Accident Mobi le SBI Professional Development Seminllrs CU; credits: 6,0 (SOO) 826-768 1

Alabama Bar Institute for Continuing legal Education The University of Alabama School of law Alabama State Bar

Upcoming ABICLE Seminars

A B I

C L E

For the most recent CLE calendar updates visit our web site at www.abicle.org or phone (205)348-6230, or 800-627-6514.

AUGUST

12

Guardian Ad litem Training: presented in cooperation with Cumberland School of law and the Alabama Administrative Office of Courts. An Intera ctive broadcast from The University of Alabama School of law to : Auburn , Birmingham , Eufaula, Florence , Huntsville, Montg omery , Mobile, Tuscaloosa

SEPTEMBER

11 18 25

Elder Law

Birmingham

Criminal Defense

Birmingham

Family Law Practice

Birmingham

Depositions

Birmingham

Tort law

Birmingham

Insurance Law

Birmingham

Mediation

Birmingham

Family Law Retreat

Gulf Shores

Trial Skills

Birmingham

Real Estate l aw

Birmingham

Bankruptcy Practice

Birmingham

Jury Selection

Birmingham

OCTOBER

NOVEMBER

2 9 16 23 30-31 30 6 13 19

RECENT DECISIONS By tWbur G. Silberman

Bankruptcy United Stat •• Supreme Court d.el ..... that treble damag ••

allowed In 'raud c ••• not dl.· chargeable Cohen/I. Oil /..a Cruz. 118 S.Ct. 1212,

March 24. 1993.32 BCD 400. Prior to bllr\kruplCy, the debtor Owr)Cd rcsl de n-

U'I] properties in Hoboken, New Jersey.

The city rent control administrator (ound the debtor was overcharging his tenants, and ordered the debtor to mllke a refund. The debtor did not comply, but med a chapler 7 seeking to discharge his debl. The tenants fited an adversary proceeding contending the debt WilS not discharlle"ble under §523(a)(2)(Al, Under the New Jersey Consumer Fraud Act, th!: lenill"l\$ sought and wcre allowed trfblc damages by the bankruptcy court. All lower courts, including the Thinl Circuit affirmed. 13ccause of a spliLin Ihe ci rcuits. the United States Supreme CourL accepted the case.

inliffirming the lower courts' holdings, it approved the Eleventh Circuit decision of In re St. l..aurent. 99 1 ~~2d 672 (11th Cir. 1993). Justice O'Connor opined that a straightforwa rd reading of the section clearly excepted from discharge "~ny debe fo r money, property, seTvices or credit which had been fraudulently obtained. including treble dilmages assessed by re'Lson of fraud. Justice O'Connor wrote lhal a "debt" is defi ned ail a "!illbility on II cllLim" lind a "c1l1im" is defined OIS ~ "right to p~ymenl" which has been held to be "nothing more nor leu thar) IIr) enforceable obligation" and lhOlt the Code section in question imposes no limitatior, on the extent to which a debt arising from fraud is excepted from discha rge. The debLor argued that the Code section eJO:cepted only that portion of the award for damages corresponding to the value of the property obtained t h ro~rgh (r:.ud. The Cou rt rejected such by stating Lhat. as used in the Code. debt is construed a~ b resutt of LI)e fr:.ud lind. if Congress wished Lo limit the fraud exception to

that which would be considered as restitution, Congress would h;lVe made this unmisLakenty clear.

CQ,'II'1F.NT: As the Supreme Court did not change the Eleventh Ci rcuit holdinA of some five yeil r~. Ihis d~s not chang~ the law in the Eleventh Circuit that punitive: damage~ cilr\not be discharged under the Bankruptcy Code's exceptions.

When Is reposses.ed automobile property 01 estate?

Eleventh Circuit answers question

III re U!wis. 137 E3d 1280: 32 BCD 488 (11th Cir. Mar. 25. 19981. In AUgllS\ 1992, t;lgin Lewis bought a used car from Ilati Motors on an installment plan which g"mted to scller a $Cc\lrity intcrest in the automobile, Lewis failed to milke the October p<lyment. Therelrfter. he and hi~ wife filed a chbpLcr 13 in the Northern District of AJaoomb. wh1ch case was dis· lnii\$ed on March 28, 1993. all June 2.

1993, after receiving notice of the dismissal. the seller repossessed the vehicle.

Notice Proposed Rule of Juvenile Procedure ("Juvenile Conference Committees" ) The Alabtma Supreme Court's Advisory Committoo on Autos of Jwenile Procedure has recemmended to Ihe court Ihe adoplon of a new rule that woold

a~thorile

jvvenile court judges Ie establish "juvenile conference comminoes" The court has ordllred that notJco of this

proposed rule be given by publication in Southern Reponer Advance Sheets. The proposed rule provrdes that rn cef\ilin situatIOns a juve, nile case wi I be felerrod to the juvenile conference committee. which will

e~a l uete

the case. recommend 10 the lu~enite court Judge sanc-

tions to be Imposed. end monitor the luvenile's progress. This proposed rule appears in an advance sheet dated on or eboul May 2B. 1998.

The court will receive comments regarding this proposed rule Ihrou~ September 2. 1998.

- Georgll Elrl Smith, Reporter of Decisions, Alabama Appeltale Court s

111'0 dlYS ~ller. the Lewise5 filed a second ch.llltfr 13 listing the automobile as an :u.stl llnd o(ferinR to pay.62 on the dollar for the outjl,l11ding secured balance. The ~el1er refused to return the aulomobile, The Lewises then filed a turnover pet ilion in the b.lnkruptcy tourt, The b.lnkmptcy court, holding lhe automobile to be proptrty of the estate, ordered its retum to the debtors, along with compensatory :!Od punitive d.ltnageS. ~nd attornl.'y's fee~. The district court revened on the "roulld that debtors only hlld the right of redemption, which W:I~ nol prorcrty of Ihe estillI.', The I.ewi$ts apptilled 10 the Eleventh Circuit, arguing that leg.ll title was retllined in the repossessed automobile under Alaooll'\ll Illwas.sct forth in the UCC. ln addition, they argued Ih.lt they h.ld a statutory right 10 redeem the Yehi· cle. In ol)[)()sition, Hlill f.10101'll (the 5Cl1er) contended thllt under the Alab:una lilwof conversion, the Le\olises lost title and the right to possession 01 the vehicle upon their default. Hall further contcnckd it had no uuty to return the vehicle to the debtors, as their cmDtcr 13 plM did not clllI for rej),lymcnt of the totlll OULSllInding securcu I)'llance plus expenses, The Ek'VCnth Circuil. in rI_'Vicwing the Bankruptcy Code, helu th.,t ~ "turllO\'er" ;s ordered only if three primary requirenlents are met: (I) the property must be "property of the tsLtte.~ (2) at the time of (iling lhe petition, the debtor must b.we iI righl to use, sell or lease the properly, and (3) upon request, the court mU5t ensure th.1t Ihe other party's interest In tile property is adcquntely protected. In determining the all5\l'eT to (IJ above. the Court held U\llithe question of debtors' interest being "property Of the cstate is a (ederal quesllon, but thllt the nature and CJlistence o( the debtors' ri~hlto property is determined by state Inw, The Court found Ihat the Northern District o( Alnb.llTla's M

Wilbur 0 , IUIMo,"",n

bankruptcy and district COUiU are split on this iuue, but that the Alaooffill Supreme Court UI'\elluivocably holds that a Illaintiff must haV\': both title to, and a right o( 1)().~~cS$ion in. alleRedly converted property to succeed in a conversion Ilclion, This IIk'W 1l:i5 been confirrneJ by the Fiflh Circuit in the 1991 C3!\e of Thompson v, Forr/ Noror Cttdit Co" 550 F2d 256, The Court coocluded that when the l.ewi5t$ filed their second chapttr 13, they uid not retain any (l\I'nership interest in the repo.~5e$sed ilutomobile. It then determined, following a recent 1~leventh Circuit case per(aining 10 rcal property {III I'I! Smith, 85 F.3d 1555 (11th Cir, 1996), the same princ;p'e should apply to persOI\ll1 property in hokling that the stlllutory right of redemption becomes property of the estllle ,II the beginning of the case, \-IOIoI'ever, nftn having s.,id this, it held that e\!Cn if 15421.1) o( the Banknlptcy Code requires that the p~ erty be tumed O'o'er to the estate, aHirmalive steps must be taken I)ursuant to state law, 10 con\'ert the dormant right to redeem into a meaningful ownership inlere.~t. thus requiring the trustee (debtor herein) 10 tender all obligations plus eJ(l~n5es in order to exercise the right of redemptiQn undtr the Alllooma Code, In Lewis. only .62 on the doll/lr ,,"'3$ proposed in tiM! plan, CI(arly the estate had not chosen to txerc~ il5 right 01 redemption as it failed to offer full pay.ment, The Court further ~l.~ted that debtors (ailed in another requirement by not proposing adequate protection. In conclusion, the EICVfntl- Circuit held that under the (acts, the ~bart right of redemption~ failed to render the vehicle "property of the estale~ under 154 l(a)(1) lind subject to turnover under 1542(3),

apply in Ihe future to uifferent selS of facts, Why did the opinion conclulk with a mention 0( adequate prOledion ,,"'hen the court already indicated that under Alablmmlnw, (ulllltlYlllent of the obllga. tion plu~ expeu$Cs \\.'(I~dd be required? Did the mentior\ of adequate protection imply that the court would consider a plan allowing full paymen~ O\,er a period of lime, prOllided U\llt adequate protection wn5 offered? Is this what W3$ nM!anl by inviting comparison to the Si.dh Circuit BAP, case of III ro Elliott, 214 B.1t 153 (1991), where the Ohio statute on redemption mirrored that of AIIlb.1n\ll. bul which plan PTiwided for payment over its life. As Elliott ui$4;U5Se$ the district court opinion in In fI! 1.i!ll'ls. 21 I !lIt 970 (N,I), Ala,I991), 11 review of the /:,'Iliott opinion sl)()uld prove helpful, CVfn thou!th in ooneluding il5 favorable opinion In behalf of the debtor, it held "M 1I'e hnve uetermined , , , under Ohio law. absolute HilI.' ownership cI\llngc5 onlv after tht proper(y passemd by the secured creditor is di5JlO$ed of pursuant to applicable state law," •

\IF.I)\<:AI./ IIF.~TA I. IIAI.PIIACI'ICF. F.XI't:lITS

COMr.mNT: A complete rending is sug· gested to determine how thIs case will

r.rm or

wwr-'

WIboJl 0 sa-".,.,. gi.,. ~ QotdOrl, SoIDermltl ~ .lIen<Ied s.rnIorCl Ur'M<toIy IItId IhII ~ AIIIbIw'TIIIf'(! ..,ned "" 1M

or

CIfOro. lrom !he u.w..iI'/'i ~ OIllIw 1'10 _ _ h IwjotfI.lPlCY deC_

JULY , rnll I OIlJ

Q

DISCIPLINARY N OTICE

Notlc •• • JlImu Cllnnon, Jr.. whose whereabouts are

unknown, must answer the Alabama State Bar's (ormal disciplinary charges within 28 days of July 15, J998. or thereat'ter, the charges

contained therein shall be deemed admitted and appropriate discipline shall be imposed against him in ASB No. 97· 304(A) before the Disciplinary IJoard of the Alabama State Bar. IASIl No. 97-304(AlJ • William Fel!!( Mathews, whose whereabouts are unknown, must answer the Alabama Stille Bar's formal disciplinary charges within 28 days of July 15, 1998. or thereil(ler, Ihe charges coni.lined therein shall be deemed admitted and appropriate discipline shall be imposed a~linst him in ASB No. 98·344(A) before the Di~dplinary Board of the Alabama Still!!: 11M. [ASB No. 98-:3<l4(A)[

Disability • On ro1arch 24. 1998. Panel IV of the Disciplinary Ilo:lrd signed an order pl:lcing Tallassee altorney Charles B. Pier'l ezzlI on di Sllbility in<lctive status pursuant to his request and Rule 2.7 of the Hules of Disciplinary Procedure.

[Rule 27: Pet. No. 98·001[ Reln'tat.ment' • On I~cbruary 13. 1998. C<ldsdcn illtomey John Edwanl CunnlnJlham wa5 reinstated il~ iln al\omey authorir,ed 10 praclice law ir'l the COurts of Alilb.'1r'1la. [Rule 28: Pet. No. 97-0021

• Birmingham attorney Unlce l-el..a.ud Jaffce was reinst<lted to the practice of law by order of the Disciplinary Boord of the Alabam,1 Stale Bar effect ice May 19, 1998. Wet. No. 97-091 DI,bArm.nla • !~<lirfield lawycr Yolanda Nevell·Johnson was disbarrcd from the prllctlce of 1I1w in the Stille of AI:lbanla by order of the SU\lreme Court of Ailibama, effective rota}, 8. 1998. Johnson's disbarment was based upon findings by the Disciplinary Board of the Alab.1ma State Bar that she violated the follow· ing Ihlles of Professional Conduct: 1.1 ICompetencel, 1.3 IDiligence[. 1.4(a) [Communicationl. 1.6(a) IConfidentiality or InformiltiQn. J.l 6(d) (Declining or Terminating Ilepresentationl and 8.4(a) (d) & (III [Misconduct[. [ASB Nos. 96-2 !0(A), 96-231(AI. 97-148(A) & 97-320(A)[

• Gadsden altorney Jeffrey I)on/lld P T\ICI! was disbarred from the practice of law by order of the Supreme Court of ,an

~UlY

. 000n

Alabamn. effective Mllrch 17. 1998. Pruett w~s convicted of conspiracy and bank fraud in the United States District Court for the Northern District of Alabamll. [flule No. 23(a)(2): Pet. No. 98-01 [ Suspensions • On Mllrch 20. 1998. the Disciplinary CommiJ5ion of the Alabama State Bar Interlmly suspended Montgomery lawyer Daniel Reeae Farnell, Jr. from the prrlctice of law.Utule No. 20(A): Pet. No. 98·0051

• Effective Jo'ebrU'lry 6. 1998, rolobile a\lorney ChDrlu Timothy Koch hns been $u~pent.led frOIll lhe practice of law in the Slate of Alabama for nOnCOIIII)Ii:lIlce with the Mtlnd:ltory Continuing Legal EduClIlioll nul~ s of the Alabama State Bar.ICLE No. 97.08[ • Mobile allomey Charlcs Timothy Koch wn5 interimly suspcnt.l~d from Ihe pr;u;tlcc of law by order of the DisciplinilT)' Comm i ~~ion of the Atabamn State Il:Ir. effective Mny 1:1.

1998.[I~ule No. 20(a): Pel. No. 98-07) Public ReprImands • On MMch 20. 1998, Huntsville lawyer Cllrter Allin Robln80n received a public reprimand without ~eneral publication fo r vioilltinil Ilules 1.3 and 1.4(n), Alabnmn Rules of Professional Conduct. This discipline was imposed by the Disciplinary Co mmL~sion of the Alabama SI~te nar after fill(ling th<ll Robinson willfully ncglectC(j ~ I ~gil ll'fllltte r entrusted to him by a client ilnd fail ed to resf)Ond to reason· able requests for infonmtion frolll the client IlDout the matter IASB No. 95-1621

• On March 20, 1998, lIunt$ville lawyer Sheila Kay ~'ace mlre received a public rcprim.md with gener,,! pub!k"Hon fOr having viol:lte(j !lule 1.4. Al,lblllnll Hulu of Profesjionili Conduct. This discipline WIIS imposed by the Disclplinary Commission ~fter fin(jing that Facemire fai led to communielite with 11 client regarding the ~tlllus of II mllIter despite repeated requests (or information regarding the status of the m:!tter by the client. [ASB No. 97·89[ • On Nllrch 20, 1998. Mobile I~wyer Paul Nartin ~"~r~ t~ r. Jr. received a public repri mand without general publication for violating rules 1.3. 1.4(a) and 1.16(d) of the Rules o( Professional Conduct. Foerster WI'I.S paid to Jnndle lin uncontested divorce. The documents were si~ned by the husblmd and wife. but never filed. Between January 1995, and October 1996. foersler kept assuring the complainant

(the wife) Illal the documentJ were filed. and awailinilihe judge's sillnature. The complltinant called the court, and Icarned otherwi5e. The complaimlllt asked (or a refund, ilnd Foerster allreed. At, of March 20, 1998. no refund had been made.IASB No. 97·00\8(AJJ • On r.1t1rch 20. 1998, r.1obile lawyer John Wayne 800ne received a public reprimand without general publication, The Disciplinary Commiuion found lhal during the pending of a divorce case. Boone communicated directly with his client's wife, knowing that she was represented by counsel. Boone called her to Iry and arrange ChrislmlU visit:llion for his client This ex parle contact violnted Ihile 4.2 of the nules of Profeulonal Conduct because Boone dld not have the OPI)()sing counsel's prior consent.iASB No. 97·

1871MI • Dothan attomey Michael Jo,ellh Gamble receiwd a public reprimand without lIeneral publication on March 20. 1998.

The I)!~ci plinary Commission of the Alabama State Bar had imposed discipline on Camble in the form of a privllle reprinmnd for having communicated by letter directly with tin individual that Gamble klll.'W to be represented by counsel.

Camble refused to accept the private reprilTh1nd and demanded formal chargu against him be heard by the Disciplinary Boord of the Alabama State lloU. At the hearing before the Disciplinary Boord. Gamble testified under oath thOit the letter was mailed in response to an unsolicited

telephone C:lit placed 10 hi$ office by the recipient of the leiter. The recipient of the letter al50 testified at the hear· ing and stilted under oath that he had never placed such a telephone cali to Gamble's office. The Discipli nary Hoard determined that the discipline Impo~ed upon Camble should be increased from a private reprimand to a public reprimand without general publication. lASS No. 95·

0961AII • Hirmingham attorney William Sherrill Crowt on received iI public reprimand without general publication on May 15, 1998. Crowson was retained to represent II plaintiff in the Circuit Courl of Calhoun County, III11bamll. Prior to trial Crowron and his cl)-counsel withdrew from tht case.

HoweV(!r, neither Crowson nor his co-counsel notified their clIent hI writing or filed and received permission of the trial judge to withdraw. Crowson's failure to communicate to his clierlt the facl of his withdrawal and the rtasons therefore violates Rule 1.4(b), Alabama Rules of I'rofessional Conduct. which requi res a lawyer to explain II matter to the extent rellSonably necessary to pemlil the clienllo make informed declsion$ reg.1rding Ihe re presen· t,1Iion. Furthermore, Crowson's failure to appear fo r Irial, not having filed a motion to withdraw a~ cOunsel and receiving permission from the tril'll court to withdraw. vioIlltes Rule I. 16(d). A,R,I'.C .. which requires upon termination of rcpre5entation that a lawyer take steps to the extent rca50nably practicable 10 prolecllhe client's interests. lASH

Papantonlo explllln8

how neither OQrence DfIITow nor Attlcus Finch

reJembied 1M 'Ingle-dimensional, linear-thinking IIttomey thn teem. to be almost cllch6 and epidemic in the '90&.

They were not abridged versiON of lawyefl.

Their endless eftOrt to underttand and QPpredote the world ouulde the (our walls of their offices provlded balance to their lives.

They both worked hard to acquire a type of enliahtened wiadom that improved their lives and the live, d people they Itrved.

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CLASSIFIED N OTICES

Aates: Members: Two free tlsllngs 01 50 words or less per bar member per calendar year eXCEPT lor ~po$l !lon want· ed" or ·posltlon offered" 1181Ing8- $35 per Insertion of 50 words or less, $.50 per additional word: Nonmembers: $35 per Insertion of 50 word s or less, $.50 per additional word. Classi fied copy and payment must be received according to th e following publishing schedule:

Ju ly '98 Issue-deadline May 15, 1998: September '98 Issue-deadline July 15, 1998.

No deadline extensions will be made.

Send classified copy and payment, payable to The Alabama Lawyer, to: Alabama Lawyer Classlfleds, clo Alta Gray, P.O. Bo)( 415S, Montgomery, Alabama 36101.

SERVICES TRAFFIC ACCIOENT

RECONSTRUCTION & EVALUATION OF HIGHWAV DESIGN : This engln&8r has reconslructod over 3.000 accldonts In 20 states 00 highways, stroots, railroads and highway construcHon zones Involving trucks. vans. cars. pedostrlans. and larm Implements. Computer animations and CAD drawings prepar6d to Illustrate his opinions. Over 42 years' engineering e~perlence. Reglsteroo protesslonal engineer and lull ACTAA cortll!catlon. John T. Bales, P:E., 101l1r&8 1-

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FORENSIC DOCUMENT EXAMINER: Handwriting, typev.'rltlng, alt8(od dOCu menls, meclk:al rocords, willS, contracts, doecls. checI<s, anonymous lellers.

Cou f1.quolilled. Ei!lhtoen yoars' €I_pori· eoce, CertlllOO: Arrerlcan Board 01 Foronslc Document Exemlners.

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INSURANCE EXPERT WITNESS: Douglas F, Miller. Employers' Risk & Insurance Management, Indepaodant riSk mil!'ltlger, Fee oosls only, e~ pof1 witness, Eighteen yeers' In risk ma!'ltlgement Insurance con 91.1 ~lng, policy a!'ltlly· sis. asslst$nce 10 your corpoill1e clients.

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Certified lor8l"lsic handwritin g and dOCumenl examiner. Thirty years' oxpor!8r)OO In all 'oror)slc documer'lt problems. Formerly, Chlo! Ouoslioned Document Analyst, USA Criminal Invostlgatlon labOratories, Dlplomato (certIlIOd)-ABFDE. Member: ASOOE: IAI, SAFOE: NACOL. Resumo and lae schedulo upon raquasl Hans Mayor Gldlan, 218 Morrymont Drive, Augusta, Georgia 30907. Phone (706) 860· 4267, EXPERT WITNESS: Prolosslo!'ltll anglneer and aUorney with a practice 01 e_pert testimony In constructlOll, salely, highway and Structural doslgn, Thirty· 11\18 yeers' a_perlenee In hlgllWey, rail· food, commercial buildings and powor plant construction, Call or writo for resume. loas: Lamer T, Hawkins, Medical FOfum Building, 950 22nd Street, NOf1h, Suite 632, Birmingham, Alabama 35203. Phone (205) 4588485. No ropresent8l1ott Is made that the quality of the legal SQrvlcas 10 be performed Is gr8lllor Ihlll1 (he qualll)' 01 legal sorv/cas performed by (he other

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MEDICAL REVIEW: Save Time And Money. Let UB orge.nlta end summsrl:le your client's medical records. II you need an expert review we have the board cerllned physician you need.

Twelve yetHI' moolCIII review experl· ence working lor you. Call Expert Resourcea. PhOne (614) 475-- 1260 DEVELOPMENTAL DISABILITIES; Expert teetlmony provldod relolOO to the administration of ~rama lOr porsona with mental ratardation or dovelopr'nel"ltal dlsabi!itlea. Partcular omphasls on the propriety of po leies, procodures and Individual treatmet1t In Institutional and community lIVIng 88ftlnos rei8tDd to risk management and oomp/Iance with state and federal regul{l~S. Phone (316) 22\·64 I S. William A, Lybargor, Ph.D. DOCUMENT EXAMINER: Certified Forensic Documenl Examiner, Chlel doCument examIner. AI{looma Deparlment 01 Forensic Sciences, rellred. American Board of Forensic Document Examinef$, American Academy 01 Forensic Sciences, American Society 01 Questlonod Document Examll'lijf'$. Over 20 years' experience In state and laderal courts In Alabama. Lamar Miller, 11420 N. Kendall Drive, Suite 206·A, Miami, FlOrida 33176. In Birmingham, phone (205) 988·4156. In Miami, phOne (305) 274·4469. Fax (305) 596-2618.

HANDWRITING EXPERT/FORENSIC DOCUMENT EXAMINER: ABFOE certllied; past Pl'esldent, Southeastern Association 04 Forensic: Document Examlr"\8f'$; American AcatlOmy 01 Forensic Sciences tallow. Federal court qlJ8~fled. Nineteen yell'" experience, eM! and criminal. Handwriting comparl· son, forgery detection, delectlon 01 altered medical rllCOftl8 and other docu· ments. L. Keith Nelson, Stone Mountain, Georgia. Phone (770) 879·7224, FORENSIC DOCUMENT EXAMINATIONS AND HANDWRITING IDENTIFICATION: Richard A. Roper, Ph,D.. 27 years' Forensic Experience, 17 yeors' Quoslloned Documenl

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Phone (205) 941·1496, No !9pfBsents' ffon

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Alabama 35502. Attention: A.S. LITIGATION ATIORNEY: l.arge Mobile IIrm soeklng corporale and IItI· gatlon assoc atas wllh two to four yoars' oxperlence. Top academic credentials required. Salary competitive.

Send InqvJrtes to Attention: Hiring Partner. P.O. Box 48. Mobile, Alabama

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ATTORNEYS WANTED: O\Jt91ending Attorneys needed In all practice IIorO$S and alall exponance levels. O\Jr clients Include the tq) Ilrms and companies In the Southeast and across the I'I$tlon.

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ATIORNEY POSITIONS: LafQ8. AI/rated, lull &efVlcG regionallirm Is seeking the IotlQv.lng atlorneys lor Immediate placement In Its Mobile, Alabama o!llca: commerctailltigator IIcen8e<lln Alflbflma (12+ yoars' experience), commerclal transactlonal lawyer practicing In Mob Ie (2+ years' experience), and a Je.wyer (S+ yea,.' experience).

Send conlidential resume to OHica Manaoer, P.O. Bolt '348, MQblla, Alflbams 36633.

ATIORNEY POSITION: Plslntllf'a firm In Mobile la &Beklng 10 amploy a lawyer 10 COfIducl rasaarch and brial Writing. Parmanant position With full benefita. salary negollabla. two to

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Send resumes to OUIce Maneger, P.O, Box 894. Mobile, Alabama 36601 .

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ATIORNEY POSITION: The Alabama Deperlment of Rehabilitation Services Is seeking applications Irom !llIornays IIcen8e<lln Alabama to 8Iallthe olfice created by Alabama Act _98-255 to provide Information to the publIC on the rights lind re5ponalbmlles under the Americans Mh Oisabillties Act. Limited lunding may require that Ihls be a part-time po$ltlon. Applicants ShOuld have experience and knowledge In disability law and ralated 188l.1e,. SUbmit a res ume and brlel essay 011 how you would lullillthe requirements 01Act '98-255 by September t. 1998 to: AORS Legal OIllce. 2129 E. South Boulevard.

Montgomery, Alabama 36 t t t . ADRS and the AttQrney General's Olllces are equ81 opportunity employers and do not discriminate In omploymant practice, on the basis 01 race, sex, creed. national origin. relglon. aoe or disability. this Inlormatlon Is available In an alternate formal upon request.

ATTORNEY POSITION: Small practice seeks associate wl1h three to live yaara'lltigation a~p&rl&nce . Areas 01 concenlration should Inciude real estate. medical rT'alpraetlce, wrongful dealh and Iraud. Please submit

resume In confidence ro P.O. Box 1096, TlIskegee, Alabama 36087.

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MISCELLANEOUS • LEG AL ASSISTANT CERTIFICATE: The Samtord Unlvarslt'f 01 Paralegal Education announces Its Legal Assistant Certilicate Program. The program tl'lkes one year to complete lor students with a prior degree. For students with no prlot degree, they may complete one concurrently. The program Is approved by the American Bar Associa ti on. For more Information. call (205) 870-2783, or write to S.U. Box 2200. Birmingham, Alabama 35229. The next term begins August 3, 1998.

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