Raymond L. Bell, Jr., President

August 2024

Volume XLVIII, Issue 8

In This Issue...

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

CLEs.......................................Page 6

Lawyer Assistance..................Page 8

Mentoring................................Page 9

Young Lawyers........................Page 10

Women Lawyers......................Page 11

VZC Bar...................................Page 11

From the Court.........................Page 13

In the News..............................Page 14

Mobile Bar Foundation.............Page 16

Birthdays..................................Page 21

  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

As we wind down the summer and shift toward the start of school, football, and slightly cooler weather, we cannot help but be bombarded by the ads, articles, posts, and campaigning for Office of the President of the United States. Since we have no choice but to hear about who our next president should be, I wanted to take a second and brag about how many past presidents were also lawyers. That’s right, I am again bragging on lawyers and how we have always contributed to our country and communities.

To date, more than half of our country’s Commanders in Chief have been lawyers. Twenty-five of the 46, to be exact, and if you think that’s impressive, we’ve also had two law school dropouts serve in the highest seat in the nation.

So why have we had so many lawyer presidents? I would say that lawyers are the best at everything we do, and that more often than not, the citizens of this country trusted one of us to do the most important job. Others would probably say—and I would have to also agree—that we have had so many lawyer presidents because great lawyers possess the skills to hold difficult positions and the ability to be leaders. From our first president lawyer, John Adams, to our last, Barack Obama, each has been celebrated for their ability to assemble strong administrations, to lead with their intellect, to problem-solve, and to communicate persuasively.

Of course, there have been great non-lawyer presidents, but until we are outnumbered in holding the top position in the Oval Office, we can brag on having more members of our great profession lead the world’s strongest nation than any other, and we can proudly say that this country would not be as great as it is without the work of lawyers.

Ethics in the legal profession are not limited to what is required by the rules for lawyers. Ethics includes broader moral principles that are placed on lawyers by the profession and our society. Said plainly, ethics is knowing what one has to do and what is the right thing to do.

Lately, there has been an emphasis on civility in the profession, and I don’t think you can talk about it and not include ethics in the conversation. The practice of law presents challenges in both areas daily. While it can be uncomfortable discussing incivility and unethical behavior, only by having meaningful dialogue can we educate ourselves and others on how to avoid them and how to improve our conduct as lawyers.

Lawyers are the driving force in upholding the rule of law and adhering to ethical principles. Ethics within the legal profession serve as a compass to guide lawyers in their actions among peers and to maintain professionalism. It is our duty, and it is necessary in upholding justice and societal trust.

Our primary duties in the area of ethics include being honest, keeping matters confidential, avoiding conflicts of interest, and maintaining competence in our areas of law and our duties to the court. There are no exceptions. We as lawyers must do all we can to face challenges to ethics within our profession and practices. It is important that each of us maintain public trust in the law, work diligently to represent our clients, and uphold the integrity of our legal system.

We must never prioritize profit or a pay-day over ethics, breach any confidences, act in conflict with our clients, be less than totally honest, or lack in candor in anything presented to the courts. Additionally, we must not do anything to deteriorate the public trust in the profession or the legal system. 

Mark your calendars: Our next membership luncheon will be held on August 9. In addition, the Mobile Bar Foundation Fundraiser with Danny Sheridan will be on August 22. You do not want to miss Danny’s game-day predictions, one-liners, and jokes.

Let’s Do More! As we near the beginning of a new school year, we need to be thinking about the kids who need assistance with back-to-school items. I am out of the purchasing-uniforms, book-bags, and school-supplies stages of parenthood, but I remember them oh so well.

This month I am asking all of us to think about the families who need our help getting their kids back to school with everything they need. There are several ways to help. Various churches and other organizations are conducting school-supply drives, and many stores and businesses have drop boxes. These well-deserving families will appreciate our help getting the kids ready for another school year.

As always, I remain...

Sincerely,

Raymond L. Bell, Jr.

Mobile Bar Association, 2024 President

Thank you to our sponsor!

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It Just Means More.

That is the statement describing this year’s upcoming football season. Texas and Oklahoma join the SEC. Saban no longer at Alabama. Lots of coaching-staff changes. I am sure this and more will be shared by Danny Sheridan during the Mobile Bar Foundation 30^th Anniversary Game Day Predictions Dinner fundraiser scheduled for Thursday, August 22, 2024, at the Battle House Hotel. Even though he is not speaking at the traditional Mobile Bar Association membership luncheon, Danny will still be sharing his predictions on the upcoming college and professional football season with us, just as he has for 38 consecutive years. YEA! As always, we greatly appreciate his flexibility and support!

That statement, It Just Means More, can also relate back to the Mobile Bar Foundation.

In 1994, nine members of the Mobile Bar Association, many of them past presidents, came together to form the Mobile Bar Foundation. The purpose of forming the foundation was to offer a charitable giving arm for the Mobile Bar Association. The mission of the Mobile Bar Foundation is to support programs and services which improve the legal system, promote the administration of justice, and foster the betterment of the legal profession and the Mobile community.

Thirty years later, because of YOU, the Mobile Bar Foundation continues its efforts toward this mission. Through the years, Mobile Bar Association members have donated to the foundation in a variety of ways: paying MBA membership dues, memorializing or honoring members, year-end giving, and including the Foundation in wills. Because of your giving spirit, the Mobile Bar Foundation has granted over $1.1 million dollars in aid to more than 80 nonprofit agencies and initiatives in Mobile County. WOW! Thank you!

Your donations and support to the Mobile Bar Foundation – It Just Means More! It’s not just one person; it is all of us collectively coming together for a cause. The stage is set for Thursday, August 22, 2024. We just need YOU!

Click here to register and/or sponsor the Mobile Bar Foundation 30th Anniversary Game Day Predictions Dinner fundraiser.

Make a donation to the Mobile Bar Foundation.

Onward,

P. Ann Forbes

Mobile Bar Association, Executive Director

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UPCOMING CLEs

Bankruptcy Section Meeting

Tuesday, August 20, 2024 | 12:00 - 1:00 p.m.

Available CLE Credits: 1.0

To register, contact Herman Padgett by email at hdpadgett@hermandpadgett.com.

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ONDEMAND CLEs

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LAWYER ASSISTANCE

By Ben Kearns, Lawyer Assistance Committee Chair

An Interview with Psychologist Dr. Rachel Fry on

Burnout in the Legal Profession

Burnout is on the rise in the legal profession. Lawyers are often high achievers, which makes them more susceptible to experiencing burnout. It often begins in a seemingly harmless way—with enthusiasm towards your work. Lawyers often have high ambition, which can be a positive trait that supports career growth, but this inner drive, in excess, can also be stifling and lead to burnout.

1.        What are the symptoms of stress-induced burnout? 

Burnout develops over time. It is the result of high ambition, working too hard, and/or trying to manage work demands without the resources to do it effectively. At first, you might find yourself putting more energy into work and spending more time at the office. Over time, you may find that you can't disconnect from work. You might feel disengaged from your work. You might feel exhausted (even after a lot of rest). You might find yourself neglecting your needs—not sleeping, withdrawing from family and friends, not exercising, and putting clients’ needs above your own. If you don't notice these early symptoms, you can find yourself feeling stuck, depressed, and unsure of the next steps to take.

2.        How does stress produce symptoms of burnout?

Prolonged stress results in burnout as it creates higher-than-normal levels of cortisol in our bodies. When cortisol levels remain high for too long, the body responds by downshifting cortisol production, leaving our amygdala unable to communicate with the hypothalamus and inhibiting our normal fight-or-flight response (i.e., resiliency) that helps us effectively manage work/life demands. 

3.        How do we prevent burnout before it starts?

All of us respond to stress in different ways so it’s important to understand your personal stress. Completing a leadership assessment such as DISC (“Dominance, Influence, Steadiness, and Compliance”) can clarify how you operate in normal and stressful situations and define what conditions you need to thrive. Knowing your values and where you need to set boundaries can also help prevent burnout. It’s also important to create buffers to burnout such as leaving the office early when you can, finding time to exercise, engaging in hobbies, and connecting with friends and family.

4.        What happens if we do not stop burnout before it starts?

We can operate at a high level before our bodies start to send signals that all is not okay. If we aren't aware of the symptoms and don't have the skills to manage burnout, we can quickly end up in a bad place. You might notice yourself withdrawing, spending a lot of time at the office (and not always being productive), disengaged, and clinically depressed. At its worst, burnout can leave you feeling stuck, disengaged, and unable to problem-solve, which can lead to worse outcomes over time. 

5.        What advice can you offer on recovery?

Experiencing burnout is not always a bad thing. Sometimes, we have to experience burnout symptoms to know what we’d like to work on and how we want our lives to be. I often tell people, especially lawyers, that sometimes burnout can be helpful in helping you prioritize a healthy lifestyle and developing a better understanding of what boundaries you need to set to ensure you’re able to perform at your highest level.

If you’re experiencing burnout, it’s important to reach out to a friend or family member. Don't wait. Ask them what they’ve noticed and take the time to listen. Ask them to help you stay accountable in disconnecting from work.  

In some cases, you might need to work with a professional. If you’re starting to notice burnout or you are in full burnout mode, a psychologist, counselor, or performance coach can help you create a game plan, develop effective coping strategies, and help you build a system that works for you.

Meet Dr. Rachel Fry

Dr. Fry has a Bachelor of Arts degree from Samford University and a master's degree and Ph.D. in Clinical Psychology from the University of Alabama. She has nearly two decades of experience in psychology, and she specializes in personal and professional coaching for associate attorneys, partners, and legal teams.

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MENTORING MOMENT

By David Trice, Mentoring Committee Co-Chair

   The Mentorship Advantage

As a lawyer, you have an opportunity to immerse yourself in a demanding work environment. All of us, regardless of experience, must face new challenges to continue to grow professionally. Despite these challenges, a select few of our membership have been practicing for 50 years or more. I’d be remiss if I didn’t recognize how extraordinary it is to have some very experienced lawyers among us. I’m sure each of these semi-centenarians has been both a mentee and a mentor at some point in their careers.

All young lawyers need a mentor or two who are a good fit for them. The key is knowing what advantage you are looking for. Maybe you’re looking for an expert in your practice area or perhaps a well-connected lawyer in the community. Both are equally important. Once you’ve found a good fit, then develop that mentorship over time. Your mentor will want to see results, regardless of whether you work for him or her. Having a demanding mentor is a good thing; try to keep that in mind. Over the years, you may find that a mentor will not be as readily available as they used to be. Even then, you’re learning how to get things done without their supervision.

As I embark on my tenth year in practice, I’m grateful for all the mentors I’ve had during that time. If I could go back, I would do it all over again. The reason? It's the people I’ve been fortunate enough to meet and work with. You never know where you might find that mentorship advantage, so get out there and shake some hands!

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YOUNG LAWYERS SECTION

By Amanda Herren, Young Lawyers President

Thank you to everyone who participated in the MBA Young Lawyers 2024 Trivia Tournament! We had a great turnout. Congratulations to our winners: 1^st Place- Veritext; 2^nd Place- Probate Court; 3^rd Place- Ball, Ball, Matthews & Novak, P.C. Thank you to Veritext for sponsoring our event and to Armbrecht Jackson for sponsoring the social following the tournament. 

We are excited to continue our monthly gatherings with our judges. Beverages with the Bench is an opportunity for MBA young lawyers to enjoy a drink after work with members of our bench. Please join us Wednesday, August 7, 2024, at POST from 5:30-6:30 p.m. We hope to see you there. This event is sponsored by Tobias & Comer Law, LLC, and we are grateful for their support. 

I want to encourage all MBA Young Lawyers to attend the Mobile Bar Foundation fundraiser dinner on August 22, 2024. Please see the Mobile Bar Association website for ticket information.

Join us for our August social! The event will be on Thursday, August 29, 2024, from 5:30-7:30 p.m. and is sponsored by ProLegal. Location TBD.

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WOMEN LAWYERS

By Ginger Poynter, Women Lawyers President

Our August Meet & Greet will take place on Tuesday, August 13, 2024, starting at 5:30 p.m. at Red or White located at 1104 Dauphin St., Mobile, AL 36604.

VERNON Z. CRAWFORD BAY AREA BAR ASSOCIATION

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The Civil Discourse and Difficult Decisions program that the Federal Courthouse offers to the community is in need of attorneys to volunteer for several programs. 

The dates are:

08/20/2024 McGill-Toolen (have 1, need 4)

09/17/2024 Big Brothers and Big Sisters (have 4 Bigs, need 1 Big)

11/19/2024 Bayshore Christian (need 5)

12/17/2024 Barton Academy for Advanced World Studies (need 5)

01/21/2025 Not yet booked (need 5)

02/18/2025 UMS (have 1, need 4)

03/18/2025 Not yet booked (need 5)

05/20/2025 Not yet booked (need 5)

If you are interested in assisting with the program, please contact Melissa Rankin, Community Outreach, Education, and Training, directly by phone at 251-441-6757 or by email at melissa_rankin@alsp.uscourts.gov. If you have not participated in the program in the past, you will have to attend a short orientation session prior to a program.

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DIED: MBA Member Thomas Julian Motes died on July 10, 2024. Born in Sylacauga, Alabama, Julian graduated from Sylacauga High School, then Auburn University and the University of Alabama School of Law. After clerking for Alabama Supreme Court Justice C.C. “Bo” Torbert, Jr., Julian relocated to Mobile to begin a rewarding legal career, spanning from 1984 until his 2022 retirement, with the firm that became Dentons Sirote. He was a member of the Paul Brock Inn of Court and served as its President in 2017. His passion for the law was surpassed only by his zeal for Auburn football. Julian also enjoyed fishing and bird watching, especially while turkey hunting. After his retirement, Julian served St. Mark Methodist Church as chairman of the Staff Parish Relations Committee, a board member of the Early Learning Center, a member of the Finance Board, and a member of the Leadership Board, and he drove the church bus on Sunday mornings. He is survived by his wife and two children.

DIED: Melia Fay Saliba, wife of retired MBA Member Judge William (Bill) Saliba, died on May 28, 2024. Melia, known as “Mimi” to family and close friends, was born in Blytheville, Arkansas, and had been a resident of Mobile since 1964. She worked with Judge Saliba as a bookkeeper in his law practice and was active in the community. Mimi served in the Mobile Jayceettes, as a Brownie and Girl Scout leader, a member of the Lebanese American Club, and through the Mobile Exchange Club. She was dedicated to St. Paul’s Episcopal School, where she was an active member of the Altar and St. Catherine’s guilds. She enjoyed travel, her grandchildren, and cooking. Mimi is survived by her husband of 64 years, two daughters, and two grandsons.

DIED: Mother of MBA Member Mary Stone, Mary Agnes (Cooper) Parks, died on July 3, 2024. Mrs. Parks was a resident of Montgomery, Alabama. She was a member of Delta Sigma Theta Sorority, a sisterhood of predominantly Black, college-educated women founded in 1913. Delta focuses on serving the Black community while developing the leadership potential of its members. Mrs. Parks’ loved ones continue to cherish her memory.

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Amendment 408 to the Alabama Constitution provides for the Mobile Bar Association to conduct the election of Alabama State Bar members to the Mobile County Judicial Nominating Commission. The Mobile County Judicial Nominating Commission, Place 2 position will expire on January 15, 2025. The Executive Committee of the Mobile Bar Association will begin the election process soon to fill the position. To be considered, you must be a member of the Alabama State Bar who is regularly licensed and qualified to practice law in Alabama and who resides in the territorial jurisdiction of the Circuit Court of Mobile County, Alabama. The Mobile County Judicial Nominating Commission, Place 2 term begins January 16, 2025, and ends January 15, 2031. If you are interested in serving on the Mobile County Judicial Nominating Commission, please contact Steve Nicholas by email at sln@cunninghambounds.com by Thursday, August 1, 2024.

Mark P. Eiland, JD, LLM, has established the boutique estate planning firm of Heircraft Planning LLC. The focus of the firm’s practice will be estate planning, business succession planning, and mediation of disputes involving wills and trusts. The firm will serve clients in Alabama and Florida.

David Trice has opened a law firm, Trice Law Group, LLC. He will specialize in business law and litigation, probate and estates, and healthcare law. His new office is located at 50C Greeno Road, Ste. C-5, Fairhope, AL 36532.  

DOWNTOWN OFFICE SPACE AVAILABLE: Located at The Commerce Building, 118 N. Royal Street, Suite 804. One or possibly two large offices available to share space and expenses with well-established lawyer. On-site parking, conference room, law library, waiting area, internet, WiFi, color copier/scanner, fax machine, close to courthouses. Room for one or two legal assistants. If interested, contact Michael R. Holberg at 251-432-8863, mholberg@micro-comm.com.

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PLEASE CONSIDER MAKING A TAX-DEDUCTIBLE DONATION TO THE

MOBILE BAR FOUNDATION



Name: ____________________________________________________________________________________

Address: __________________________________________________________________________________

Phone: _______________________________________ E-Mail: _____________________________________

YES, I want to make a donation to the Mobile Bar Foundation -

In honor/memory of: ______________________________________________________________________

Acknowledgement sent to:

Name ____________________________________________________________________________________

Address: __________________________________________________________________________________

YES, I want to become a member of the Mobile Bar Foundation -

__ Life Member ($5000, can be paid in up to 5 annual installments)

__ Associate Member ($100 or more annually)

__ Regular Active Member of MBA ($25 - $99 annually)

__ I would like more information on including the Foundation in my estate planning.

I donate my gift of: $__________

Check: __________ (Please make checks payable to the Mobile Bar Foundation)

*Credit Card: Visa/Mastercard# ____________________________________________________________

Signature: ______________________________________________ Exp: ___________________________

Mail to: Mobile Bar Foundation, P.O. Drawer 2005, Mobile, AL 36652



* All credit card transactions will incur a $2.00 processing fee.

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The Delano Palughi Chapter of the St. Thomas More Society will sponsor the Annual Red Mass Celebration on Friday, October 4, 2024, at 12:00 PM at the Cathedral of the Immaculate Conception. A brief reception will be held following the Mass. Your support and attendance is greatly appreciated.

If you have any questions, please contact Greg McAtee at 251.689.4536.

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Who: Alabama Coastal Foundation

What: Wetlands Compliance Workshops

When: Thursday, August 8

Where: Weeks Bay Resource Center,11525 U.S. Hwy. 98, Fairhope

AND

When: Tuesday, August 20

Where: Mobile Area Association of Realtors, 2827 Airport Blvd., Mobile

Available CLE Credit Hours: 3.0

CLICK HERE FOR MORE INFORMATION!

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Listed below are members who celebrate a birthday in August:

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STAY CONNECTED