Raymond L. Bell, Jr., President

April 2024

Volume XLVIII, Issue 4

In This Issue...

May Luncheon........................Page 2

Ann's Article............................Page 3

CLEs.......................................Page 5

Law Day..................................Page 6

Mentoring................................Page 7

Young Lawyers........................Page 8

Women Lawyers......................Page 9

VZC Bar...................................Page 9

Significant Decisions...............Page 11

SAVLP......................................Page 12

In the News..............................Page 13

Mobile Bar Foundation.............Page 14

Birthdays..................................Page 18

  2024 OFFICERS

President - Raymond L. Bell, Jr.

President Elect - Judge Judson W. Wells, Sr.

Vice President - Mary Margaret K. Bailey

Secretary - Jenna J. York

Treasurer - Brian K. Smithweck

Asst. Treasurer - Gordon G. Armstrong, III

Executive Director - Ann Forbes

Editor - Tiffany Ray

President’s Message

Four months into the year and all is well. Member engagement is steady, and attendance at bar-related events has been strong. Additionally, membership renewal went well, and this year we have quite a few new members. It is great to know that Mobile-area lawyers see the value in our bar.

I want to give a special thank you to Presiding Judge Pipes and past MBA Presidents Donald Briskman, Kathy Miller, Pete Mackey, and Greg Carwie for their participation in the panel discussion for young lawyers at the March membership luncheon. If you weren’t there, you missed a great discussion that was also pretty entertaining.

I also want to extend a special thank you to our committee chairs and members for the work they are doing. Every committee is active, and the efforts in the programming and events are remarkable.

Like many of you, I constantly read about trends in the legal profession, and lately Artificial Intelligence technology related to the practice of law has been a hot topic. Should we use it? Should we resist it? Is it going to replace lawyers or other members of the legal profession?  

Technology has been triggering the demise of jobs, in whole or in part, for decades. We’ve seen robots replace humans on assembly lines, in factories, and in many other workplaces. We also continue to see other forms of technology, including the Internet, computers, and productivity software, play big roles in the ongoing elimination of certain jobs. So when will technology replace members of the legal profession? It already has, and that trend will continue. So which jobs in the profession are safe? Lawyers!

But what about Artificial Intelligence? When used correctly, AI can be helpful in making data-driven decisions and improving efficiency, but it will never replace lawyers. The technology simply enables computer programs and software to simulate human intelligence and analyze data, codes, images, and other forms of content. It does not create human intelligence, nor can it solve new problems since it relies on existing information. It also can’t perform work on its own for a client. Undoubtedly, AI will be able to perform some tasks better than lawyers, but it will never be able to exercise good judgment in complex legal matters, offer strategic legal guidance, or build trusted relationships with clients. Those tasks historically have been left to us and always will be!

Since becoming President, I have learned so much more about the Mobile Bar Association and the affiliate entities connected to the Bar. One of those is the South Alabama Volunteer Lawyers Program. Sure, I knew several lawyers who provided pro bono representation to assist clients of the program, but I did not know the huge number of lawyers involved, the magnitude of the assistance they provide, or the number of individuals and families receiving needed legal assistance.

I was delighted to learn that each year, hundreds of lawyers volunteer to provide pro bono assistance to more than 1,000 individuals, and that the service area includes not just Mobile County, but Baldwin, Clarke and Washington counties as well. It was also quite pleasant to learn that, as a result of the quality legal services provided by our colleagues, the program has continued to receive its core funding from several well-recognized charitable organizations and the local government. The most impressive things I learned were the frequency and regularity of the in-person clinics, new client screening sessions, and other community events.

The staff and board of directors of the South Alabama Volunteer Lawyers Program are doing an outstanding job of providing excellent “pro bono publico” legal services to low-income members of multiple communities, but they could use the assistance of more lawyers. If you have not considered volunteering, I hope you will pitch in and get involved.

Let’s Do More! This month I am encouraging each of us to donate unwanted or underused personal belongings and household items to shelters, churches, and thrift stores. We all have things we’ve purchased new and never worn or used. We also have items we no longer want, no longer have a use for, or just don’t need. Of course, getting rid of these items tidies up things around the house, but more importantly, it allows us to give back to the community and provide others with free or inexpensive shopping opportunities.

In closing, I want to remind everyone that the committees and sections are a vital part of our bar association. If you are not already a member of a committee or section, please visits the MBA’s website and sign up. There is no better way to engage with your peers and stay on top of the latest developments in your areas of the law.

As always, I remain...

Sincerely,

Raymond L. Bell, Jr.

Mobile Bar Association, 2024 President

To cap off our Law Day celebrations, the Mobile Bar Association will hold a membership luncheon on May 10, 2024. During the luncheon, we will recognize the winners of the art and essay contests, present our Liberty Bell Award, and hear from our keynote speaker, Professor Michael J. Gerhardt, the Samuel Ashe Distinguished Professor of Constitutional Law at the University of North Carolina School of Law in Chapel Hill. Professor Gerhardt, who grew up in Mobile and attended UMS-Wright, is a well-regarded expert on constitutional law, separation of powers, and the legislative process. His recent books are: Lincoln’s Mentors: The Education of a Leader, The Law of Presidential Impeachment: A Guide for the Engaged Citizen, and FDR’s Mentors: Navigating the Path to Greatness. MBA members: make plans to join us. Professor Gerhardt will stay after the luncheon for a book signing.

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Happy April! A few reminders for this month:

• To get the MBA Member Rate: Please sign in to your profile before registering for an event. If you are a member of the Mobile Bar, you already have a profile on the website. For signing in, you have a username and password. You can reset your password at any time. If you do not know your log-in credentials, please contact MBA headquarters, as we are happy to assist. Also, make sure your legal assistant has access to your log-in credentials.
• Update your MBA Profile: Your log-in credentials also give you access to update your member profile at any time. Please help us by keeping your information regarding employment, phone number, email, and professional & personal addresses as up to date as possible. We maintain the website with more than 1,100 member records on a daily basis, so your assistance is greatly appreciated.
• 2024 Membership Dues: As of today, if you have not paid your 2024 Membership Dues, they are not current. Good news is you can still pay your dues today! Thank YOU for being a member of the Mobile Bar Association and helping us to elevate the legal profession to the highest possible standard in Mobile County.

We are always interested in hearing your thoughts and ideas about how to improve the Mobile Bar Association and our activities. Please feel free to contact me any time by phone at 251.433.9790 or by email at aforbes@mobilebarassociation.com.

Happy Spring,

P. Ann Forbes

Mobile Bar Association, Executive Director

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UPCOMING CLEs

Probate Section Lunch and Learn

Friday, April 5, 2024 | 12:00 - 1:00 p.m.

Available CLE Credits: 1.0 | Cost: Free

LOCATION: MOBILE COUNTY PROBATE COURT | COURTROOM 1

TOPIC: Judge Don Davis and Duane Graham will give a probate update, including the Alabama Uniform Multiple Person Bank Account Act and its implications in decedents estate and conservatorship estate cases.

You are welcome to bring your lunch, including a drink, into the courtroom.

Advance registration deadline is Wednesday, April 3, 2024.

ONDEMAND CLEs

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UPCOMING SECTION SOCIAL

In-House Section Social

Tuesday, April 16, 2024 | 5:00 - 6:30 p.m.

LOCATION: The Wingman Brewing Company | 656 Saint Louis St.

2024 LAW DAY

By Cat Kirkland, Law Day Chair

Help the Mobile Bar celebrate Law Day! Law Day is an annual national event celebrating the role of law in our society. Each year, the American Bar Association selects a unique legal theme for Law Day and, in concert with the upcoming presidential election, this year’s theme is Voices of Democracy. For our Mobile Bar, Law Day is an opportunity to provide community outreach and educational programs for children and adults: 

• Student Outreach & Contest: The Bar hosts an art contest for grades K-5 and an essay contest for middle school and high school students. If you have a child in K-12, please encourage them to participate! It is a great way to talk about the importance of voting and our local, state, and national leaders. Contest submissions are due by Friday, April 12.  Contest packets may be found on the MBA website. The Bar also provides attorney speakers to visit local schools and talk about Law Day. Special thanks to Ann Chapman from Starnes Davis Florie for recently speaking to a group of students at St. Ignatius!

• Student Judicial Day Event: For the past three years, the Bar has organized a special Judicial Day event for all students who participate in our Law Day Art and Essay contests. Our state and federal judges have graciously offered to jointly host Judicial Day and this year; the event will be held at the Campbell Courthouse in the Ceremonial Courtroom.  Students, their parents, and teachers are invited to the courthouse to hear from a panel of judges on the Law Day theme, the rule of law, and the importance of voting, and to tour a courtroom. 

• Liberty Bell Award: The Bar also selects an annual Liberty Bell Award recipient. This award is given to an outstanding non-lawyer or community group in the Mobile area whose service has strengthened the American system of freedom under the law. Do you know the perfect candidate for the Liberty Bell Award? Please submit an entry (also found on the MBA website) and recommendation by Friday, April 19. 

• Law Day Luncheon: To cap off our Law Day celebrations, the Mobile Bar Association will hold a membership luncheon on May 10, 2024. During the luncheon, we will recognize the winners of the art and essay contests, present our Liberty Bell Award, and hear from our keynote speaker, Professor Michael J. Gerhardt, the Samuel Ashe Distinguished Professor of Constitutional Law at the University of North Carolina School of Law in Chapel Hill. Professor Gerhardt, who grew up in Mobile and attended UMS-Wright, is a well-regarded expert on constitutional law, separation of powers, and the legislative process. His recent books are: Lincoln’s Mentors: The Education of a Leader, The Law of Presidential Impeachment: A Guide for the Engaged Citizen, and FDR’s Mentors: Navigating the Path to Greatness. MBA members: Make plans to join us. Professor Gerhardt will stay after the luncheon for a book signing.

If you have any questions or would like to help with any of the above, please contact me at ckirkland@burr.com. I hope to see you all at the Law Day luncheon on Friday, May 10, 2024!

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MENTORING MOMENT

By Pete Mackey, Mentoring Committee Member

Marketing on a Budget

A website, or at least a web presence, is clearly the most efficient way to get information to a mass audience. Using it as a tool for attracting business, however, can get pricey quick. For lawyers trying to get their practice established, spending a lot of money on advertising is generally not a realistic choice. There are some online options that require only your time; I’ll discuss those later in this article, but for now let’s focus on some methods that are not only time tested, but might be even more effective today in a world where the overwhelming majority of marketing materials are disseminated through phones or tablets:



1. Network the old-fashioned way. Do a self-inventory. You have time and energy, and you won’t have as much of either in 20 years. Use both. Volunteer. Get involved in civic, religious, recreational, or social organizations. Don’t just join – get involved. Look for speaking opportunities that allow you to talk about some aspect of the law, or anything else that may apply to that group. Don’t ask for their business, just provide helpful information. And remember, there is no need to brag about being a lawyer, but do not be shy about the fact that you are one.
2. Join the Mobile Bar Association, and the Vernon Z. Crawford Bar Association. Get involved in committees and attend bar luncheons. It’s a great way to meet other lawyers, especially those who share a practice area. For very little money, you can attend bar lunches and social affairs for both. If you can’t get at least a few thousand dollars’ worth of business out of doing that, you are probably wearing a Mardi Gras mask and refusing to identify yourself.
3. Whether you want to do trial work or not, get out and introduce yourself in Circuit, District and Probate courts – from the clerks and bailiffs to the judges. And don’t stop there: The Strickland Youth Center and several specialty courts are also under the City’s umbrella. And I haven’t even mentioned Baldwin County yet.
4. Maintain a database of clients, and even prospective clients you could not help. Send out a blast email newsletter every few months that lets them know what you are working on and what you can do for them or their friends and family members in the future.
5. Keep up with your past clients. One EXTREMELY effective way to do so is to send hand-written notes. You should already have a lot of information about them from your earlier representation.
6. If you get a call from someone who has an issue that is out of your wheelhouse, think of another friend who is also just getting started in her practice and make a referral. That is a two-way win.
7. Speaking of friends your age in other practice areas, meet with four or five of them once a month and share ideas, as well as successes and failures.
8. Stay abreast of current legal trends. As a judge I clerked for used to say, “Politicians create new causes of action every legislative session.”

Now let’s go back to online marketing. There are all kinds of free ways to take advantage of the Internet. Get on LinkedIn, join relevant groups, and participate. Sign up for free directories like Avvo and Lawyers.com. Start Facebook and Instagram pages for your practice and keep them filled with relevant content. Make short videos with your smartphone and upload them to your social media sites – it’s more about presence than quality. Start a legal blog and post your thoughts. Study the Google website … and then study it some more.

As you progress, you will find that your business has grown and your available time has shrunk. And that is how it is supposed to work. When that happens, go hire some folks.

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YOUNG LAWYERS SECTION

By Amanda Herren, Young Lawyers President

Thank you to those who attended the March bar luncheon. Our panelists did an excellent job, and we appreciate their participation and wise words. I want to encourage all young lawyers to attend these monthly luncheons.

We are excited to continue our monthly gatherings with our judges. This month’s Beverages with the Bench is an opportunity for MBA young lawyers to enjoy a drink after work with Judge Michael Youngpeter and Judge Jill Phillips of our bench. Please join us Tuesday, April 16 at POST from 5:30-6:30 p.m. This event is sponsored by Damrich & Allen. We hope to see you there.

Our social this month will be at Greer’s on St. Louis Street on Thursday, April 25 from 5:30-7:30 p.m. This event is sponsored by Beasley Allen. We are grateful for their support of MBA Young Lawyers. 

Save the date! The May social/golf tournament pre-party will be held Thursday, May 16 from 5:30-7:30 p.m. This event is sponsored by Taylor Martino. Our annual golf tournament will be held on Friday, May 17, 2024, at the Spring Hill College Golf Course. This year, our tournament will benefit Fostering Together Gulf Coast, an organization that connects the resources and generosity of the community with the needs of children in foster care in the Alabama Gulf Coast region, as well as the foster and adoptive families caring for them. We are excited to support this worthy cause. If you’d like to enter a team or donate, please contact Garrett Zoghby at garrett.zoghby@arlaw.com or Robert Alexander at rca@ajlaw.com.

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WOMEN LAWYERS

By Ginger Poynter, Women Lawyers President

Our April meeting will be a Spring social on Tuesday, April 9 at 5:30 p.m. at POST on Dauphin Street. We hope to see you there! If you haven’t paid your 2024 dues or you’d like to join, you can take care of it at the meeting.

MBAWL is proud to announce this year’s Trailblazer Award honoree is Alabama Circuit Court Judge Vicki Davis! Congratulations, Judge Davis! Our 12^th annual Trailblazer Tea celebrating Judge Davis is scheduled for 11:30 a.m. Wednesday, June 12, in the Crystal Ballroom of the Battle House. Sponsorships are available to help us honor Judge Davis—click here for more information.  

The Trailblazer Tea is an opportunity for the Mobile area legal community to recognize women lawyers who have defeated challenges and blazed a path for future generations of attorneys, and to celebrate women in the law. Each year, MBAWL solicits Trailblazer nominations from members of the Bar, and a committee of MBAWL members selects the Trailblazer Award recipient. Past Trailblazers include Helen J. Alford, Merceria Ludgood, Frankie Fields Smith, Hon. Callie V. S. Granade, Beth Marietta-Lyons, Hon. Margaret A. Mahoney, Celia Collins, Shirley Justice, M. Kathleen Miller, Nicki Patterson, Justice Sarah Stewart, and Judge Sonja Bivins.

Sponsorships reduce the cost of attendance and help us honor our Trailblazer in a meaningful way. We welcome contributions from individuals and firms. The deadline for inclusion on the invitation is Wednesday, May 15, 2024. If you’d like to become a sponsor, contact me at gpoynterlaw@gmail.com or Samantha Gunnoe at sng@helmsinglaw.com.

VERNON Z. CRAWFORD BAY AREA BAR ASSOCIATION

By Maxine Walters, Vernon Z. Crawford Bay Area Bar Association President

The Vernon Z. Crawford Bay Area Bar Association congratulates Judge Shelbonnie Hall, 2024 Alabama Lawyers Association Hall of Fame Inductee. The Hall of Fame Gala took place March 7 in Montgomery. Judge Hall was introduced at the gala by Judge Sonja Bivins.

On March 21, we hosted an Heirs Property CLE at Government Plaza. Guest speaker Victoria Shoots, Coordinating Attorney for Heirs Property at Legal Services Alabama, provided a background on heirs property and its legal framework, as well as legal strategies to avoid heirs property issues.

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Click here to view a copy of an Order of the Supreme Court of Alabama dated Thursday, March 14, 2024, effective immediately, amending Rules 30(c) and (d), Alabama Rules of Civil Procedure (Appendices A and B, respectively,) and adopting the Committee Comments to the Amendment to these Rules (Appendix C).

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In Crowder v. Blevins, No. SC-2024-0445 (Ala. March 22, 2024), the Supreme Court held that the appellant, while properly appealing the trial court’s denial of a 60(b)(4) post-judgment motion, had failed to timely appeal the trial court’s underlying judgment on the merits. Although the appellant had timely filed a motion to vacate the trial court’s judgment on the merits as to the redemption of a tax sale, thereby temporarily tolling the applicable appeal timeline, when such motion was thereafter denied, the appellant did not appeal but instead proceeded to file a separate motion for relief pursuant to Ala. R. Civ. P. 60(b)(4) regarding alleged service issues. According to the Supreme Court, the filing of a 60(b) post-judgment motion was not a substitute for an appeal and would not further suspend the time for filing a notice of appeal. Months later, when the appellant ultimately filed a notice of appeal after his 60(b)(4) motion had been denied, the time for appeal of the underlying judgment on the merits had expired.    

In Birmingham Nursing & Rehab. Ctr., LLC; Vickie Reynolds; & Delilah Lee Griffith v. Johnnie Woods Davis, as personal representative of the Est. of Mattie L. Granger, deceased, No. SC-2023-0433 (Ala. March 22, 2024), the Supreme Court held that, when two co-guardians are appointed for the protection of a ward, they are not required to act jointly when signing an agreement on such ward’s behalf. Although only one of two co-guardians had signed an arbitration agreement with the ward’s nursing home, the Supreme Court held that such guardian acted with actual authority over the ward’s estate, thereby binding the estate to such guardian’s actions.

In Sherman Dallas, Tanyanita Dallas, Chadrick Dallas, Glenda Freeman, & Louis Freeman v. Nicole Hicks, as administrator of the Est. of Willie Louis Hicks, deceased, No. SC-2023-0549 (Ala. Mar. 22, 2024), the Supreme Court held that a decedent’s purported heirs, who did not prove by clear and convincing evidence that they were the decedent’s biological children, were not entitled to intervene in the decedent’s estate, could not compel final settlement of the estate, and were not entitled to a share of the estate. Affirming judgment of the Tallapoosa County Circuit Court, the Supreme Court held that the purported heirs’ limited evidence of recent photographs and a single paternity payment from the state of Ohio were not sufficient to meet the level of clear and convincing, the requisite standard for proving heirship after the decedent’s death. 

In Ex parte 2215 Northport OpCo LLC, No. SC-2023-0635, the Supreme Court held that an administrator ad colligendum, appointed pursuant to Ala. Code § 43-2-47, was not a “personal representative” of an estate entitled to bring a claim pursuant to the Wrongful Death Act, Ala. Code § 6-5-410. Despite the presence of language in an order from the Tuscaloosa County Probate Court appointing a local attorney as an administrator ad colligendum and “personal representative,” the Supreme Court reiterated its long-held position that a personal representative pursuant to the wrongful death statute must either be an executor or administrator who has obtained letters testamentary or letters of administration of a decedent’s estate, respectively.

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Many thanks to the following attorneys who accepted or closed files, met with clients at the SAVLP office, and/or volunteered in January and February:

Interested in volunteering at an advice clinic at the Mobile County Courthouse? We’ll be on the 4th floor from 1:00 p.m.-3:00 p.m. on April 11, May 9, June 10, July 18, August 15, September 12, October 10, November 14, and December 12. Click here to sign up for a 2024 shift.

If you would rather donate a few hours to meet clients at the SAVLP office, please e-mail ariana@savlp.org to schedule a date.

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The following applicants were approved for membership by the Mobile Bar Association Executive Committee. They were welcomed into the Mobile Bar Association on Friday, March 22, 2024.

ACTIVE MEMBERSHIP

• Brooke Kelly, graduated from Jones School of Law in 2006, admitted to the Alabama State Bar in 2006, and is employed with Hernandez & Associates Law Firm.
• Michael L. Odom, graduated from Cumberland School of Law in 1985, admitted to the Alabama State Bar in 1987, and is employed with Legal Services of Alabama.

ASSOCIATE MEMBERSHIP

• Ashton Lattof, graduated from Loyola Law School in 2023, admitted to the Tennessee State Bar in 2023, and is employed with Lattof & Lattof, P.C. Will be sitting for the Alabama State Bar in 2024.

DIED: Jane Diamond Ford, mother of MBA Member Ben Ford, died on March 4, 2024. A native Mobilian, Jane attended Barton Academy before graduating from Murphy High School and Auburn University. She taught at Davidson High School, then devoted herself to raising her sons, but she never stopped teaching. For many years she taught Bible study classes and was the self-proclaimed “chief prayer warrior” at Ashland Place United Methodist Church. Jane spent her life caring for people and animals in need. She acted as a guardian and caretaker for several elderly women suffering from memory-related illnesses; her experience caring for these women eventually led Jane to author a guidebook for navigating the long-term care process. Jane was predeceased by her husband. She is survived by her three sons and seven grandchildren.

KUDOS: MBA Member and Armbrecht Jackson attorney, Kathy Miller, was recently named chair of the Southeastern Admiralty Law Institute (“SEALI”). SEALI is an organization of more than 500 admiralty attorneys and maritime professionals dedicated to providing a forum for admiralty law practitioners in the Southeastern United States. Congratulations, Kathy!

KUDOS: On January 12, 2024, MBA Immediate Past President Forrest Latta was quoted in a New York Times feature on the International Camellia Society’s World Congress in Verbania, Italy. He was interviewed while attending the March 2023 congress as an emissary of the American Camellia Society and Chair of its International Affairs Committee. The article names Forrest and describes him as “a lawyer from Mobile, Ala.” His erudite yet poetic comparison of our state flower with its Italian cousins is a credit to our bar. The article, “Italian Town Hitches Its Wagon to Plants that Bloom (Even in Winter),” click here to access the article.

 

Cunningham Bounds is proud to be recognized in the 2024 edition of Best Lawyers Best Law Firms in Tier 1 for the Mobile, Alabama area. The firm is ranked in the following practice areas: personal injury litigation – plaintiffs, product liability litigation – plaintiffs, construction, bet-the-company, commercial, banking & finance litigation, and appellate practice. Additionally, Cunningham Bounds has 12 attorneys included in the 2024 editions of Best Lawyers in America and Best Lawyers of America: Ones to Watch.

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PLEASE CONSIDER MAKING A TAX DEDUCTIBLE DONATION TO THE

MOBILE BAR FOUNDATION



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Event: The Last Slave Ship by Ben Raines

Date: Thursday, April 4, 2024

Location: Hosted by & held at U.S. District Court, Southern District of Alabama in the Jury Assembly Room

Time: 10:00 a.m. - 11:00 a.m.

Registration: Email your attendance to Melissa Rankin at melissa_rankin@alsp.uscourts.gov by Tuesday, April 2, 2024.

Event: 2024 Minority Pre-Law Conference

Date: Wednesday, April 10, 2024

Hosted: Alabama State Bar Young Lawyers Section and assisted by Vernon Z. Crawford Bay Area Bar Association and the Mobile Bar Association Diversity and Inclusion Committee

Location: U.S. District Court, Southern District of Alabama in the Jury Assembly Room

Time: 8:30 a.m. - 1:00 p.m.

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Listed below are members who celebrate a birthday in April:

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STAY CONNECTED