Raymond L. Bell, Jr., President

July 2024

Volume XLVIII, Issue 7

In This Issue...

Ann's Article............................Page 2

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

Lawyer Assistance..................Page 6

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

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

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

VZC Bar...................................Page 10

Significant Decisions................Page 12

SAVLP......................................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

I hope everyone is enjoying their summer!

Before the first firework blast in a couple of days, we should take a minute and reflect on the importance of lawyers and the part they played in the reason for the celebrations. That’s right. Lawyers dominated the group of delegates who convened to create the United States and make what we now enjoy as “the land of the free and the home of the brave."

No other profession played a bigger role leading up to the 56 men gathering in Pennsylvania to execute the Declaration of Independence. Although there were also scholars, businessmen, ministers and others among the Founding Fathers, there were 25 lawyers. In fact, prior to the gathering and adopting of “The unanimous Declaration of the thirteen united States of America,” a committee of five—four of whom were lawyers—drafted the document that memorialized the severing of the colonies’ political ties to Great Britain.

So, as you celebrate and honor the work of the Founding Fathers and the historic date of the Fourth of July, remember: This country would not be as great as it is without the work of lawyers.

The Alabama State Bar meeting in Sandestin was a huge success. Kudos to Past President Brannon Buck for his outstanding service, and congratulations to Tom Perry for being elected President. I also want to recognize Terri Lovell, the Executive Director of the State Bar, and the Bar leadership and staff for all of the hard work that went into making the annual meeting successful.

I encourage all lawyers to plan to attend the annual meeting next year and in years to come. There is no other event that will place you among your colleagues from all over the state and provide you opportunities to enjoy quality educational and entertaining events, fellowship, CLEs, and a good time at the beach.

More than 30 years ago, Alabama State Bar Commissioners approved the current version of the Alabama Lawyers’ Creed, and the last paragraph reads as follows: To the public and our systems of justice, I offer service. I will strive to improve the law and our legal system, to make the law and our legal system available to all, and to seek the common good through the representation of my clients.

The last paragraph of the Creed, just as those preceding it, calls on lawyers to do a lot, including working to make sure the legal system is or can be available to all. When I think of this principle, I am reminded of the old adage, “To whom much is given, much is required,” which has been embedded in the fabric and culture of the legal profession for centuries. This hallmark is essential to our legal system, and the goal of providing access to justice for everyone will remain important.

Every year lawyers across the state dedicate their time, resources and talents to serve the underserved, but despite all the hard work and effort, there is always more that can be done. Therefore, I encourage each of us to do our part.

If you want to help, please join the Alabama State Bar Volunteer Lawyers Program. The program provides opportunities to give back to the community and to make a difference in the lives of the people who utilize the services of the lawyers volunteering.

I have heard from many members of the Mobile Bar Association concerning the new dues amounts and a few of the reasons some lawyers have not yet renewed their membership. I get it. We all have to make decisions regarding our spending and evaluate whether we continue to spend in areas where there have been increases.

I respect any decision to not renew, but I would be remiss if I did not encourage everyone who can attest to the benefits of membership to reach out to fellow lawyers, spread the word of the great work the bar is doing, and ask those who may be reluctant to renew to do so. Membership in our bar is vitally important to sustaining it and its mission and service for decades to come.

Mark your calendars: On July 12 the Mobile Bar Young Lawyers will hold their trivia tournament and monthly social, and 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.

Let’s Do More! It seems like every month I am asking all of us to reach into our wallets or to spend more of our valuable time on others. Not this month. A few weeks ago, I witnessed a conversation that was simply mind-blowing to me. I overheard someone speaking to another in a way that was not only disrespectful but was just outright mean. The basis of this person’s tirade was nothing more than insulting the other about a difference in a belief. I was shocked.

So this month, I am asking all of us to be more tolerant and to respect the rights of others. Everyone is unique and has the right to make choices about what they believe in or choose to do, especially when those decisions do not encroach on the rights and liberties of others. We should all respect the differences in the beliefs and opinions of others. We all can and should be kind and courteous to one another -- even when we totally disagree.

As always, I remain...

Sincerely,

Raymond L. Bell, Jr.

Mobile Bar Association, 2024 President

Happy Summer! There is one event every year in June that is always my favorite: the Women Lawyers Trailblazer Tea. It is a great opportunity to gather as a profession to celebrate and honor a practicing female attorney for her many accomplishments.

This year’s Trailblazer Award recipient was Judge Vicki Davis. Mobile County Commissioner and MBA Member Merceria Ludgood introduced Judge Davis. In her speech, Commissioner Ludgood defined a trailblazer: “They are motivated by a grand desire to leave the world better than they found it. They push past their fears to tackle the unknown. They face their challenges knowing that failure is just a prelude to the next victory. A generosity of spirit, always willing to share their time and expertise.”

Commissioner Ludgood shared, “Judge Davis embodies the spirit of a trailblazer. Her life and career are full of times she left marks as she blazed trails characterized by hard work, excellence, and unimpeachable integrity. Judge Davis gave a speech, more than 20 years ago, to a group of young adults in our community. It was titled, I Dream a World. She opened by stating, ‘Like most of you, the idea I am living in a new millennium has caused me to sit back and take stock of my life. Getting older has compelled me to consider what kind of mark I want to leave on the world. I have had to contemplate how I will be remembered ... the contribution I hope to make.’ She ended the speech with a question first raised by poet Langston Hughes: ‘What happens to a dream deferred? Does it dry up like a raisin in the sun or does it fester like a sore and then run?’ Judge Davis answered, ‘The world I dream of cannot be deferred or delayed for the stakes are too high. This means, that I, indeed we, who dream a different reality for ourselves and our children must act now.’”

Wow! Thank you both Commissioner Ludgood and Judge Davis for your trailblazing spirit in everything you do. You both hold fast to your dreams for yourselves and others. What an inspiration AND great call to action!

Do you consider yourself a trailblazer? What trail do you plan to blaze? It is something to consider.

Save the date of Thursday, August 22, 2024, for the Mobile Bar Foundation 30^th Anniversary fundraiser with speaker, Danny Sheridan. NOTE: Danny Sheridan will NOT be speaking at the MBA August 9^th Membership Luncheon.

Click here for more information and to register for the Foundation’s anniversary event!

Have a fun and safe summer!

Onward,

P. Ann Forbes

Mobile Bar Association, Executive Director

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UPCOMING CLEs

ONDEMAND CLEs

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LAWYER ASSISTANCE

By Beth Rehm, Lawyer Assistance Committee Member

IMPOSTER SYNDROME AND LAWYERS – IS THIS AFFECTING YOU?

What do Supreme Court Justice Sonia Sotomayor, Serena Williams, Tom Hanks, Michelle Obama, Emma Watson, and Tina Fey all have in common (other than being highly regarded and successful)? Each has admitted that at some point in their life they felt like an imposter, or someone who did not deserve the success each achieved.

Until two months ago, I had never heard of “imposter syndrome.” As a former psychology major, I was intrigued as I listened to a lawyer speak about his battles with imposter syndrome throughout his career. Despite his great trial successes and impeccable reputation, he felt like he was a fraud and one day all those around him would realize what a fraud he was. These constant negative thoughts were impacting his life more and more.

In an article from the October 2018 American Bar Association Magazine, imposter syndrome was described as “that feeling of not being smart enough, being terrified of making mistakes, and worried about being exposed as a fraud, despite career attainments or expertise.”

While “imposter syndrome” or “imposter phenomenon” is not a diagnosis itself, regular thoughts of self-doubt can lead to anxiety and depression. Imposter syndrome does not discriminate, but lawyers are especially likely to feel like an imposter at some point in—or even throughout—their careers. 

Think back to the beginning of your career. You were fresh out of law school, had successfully passed the bar exam, and were sitting behind your desk, and you realized you had no idea how to draft a motion, will, etc. It is easy to see how that new lawyer might feel like an imposter. And what about a lawyer at any stage in life who feels like he or she is just “lucky” to have a prestigious law firm to hide behind? The long-term sufferers fall deeper and deeper into what can become depression and/or an anxiety disorder.

The American Bar Association article offers several suggestions for counteracting imposter syndrome, such as looking back to other times in life when you did not believe you could accomplish something but successfully did; thinking of others you admire who have admitted to suffering from imposter syndrome; keeping and reading emails or letters from clients or others that compliment you; or finding a mentor you can trust, or a group of mentors with whom you can share honestly.

Be positive. Try something new you can possibly learn to love (I keep saying I’m going to try pickleball). Don’t let your work take over your life. And realize that when you are thinking negative thoughts about yourself, you should turn them around into something positive. You are not an imposter.

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MENTORING MOMENT

By Frank Woodson, Mentoring Committee Member

MAKING CONNECTIONS

Forging a connection with other lawyers is important to progressing in one’s legal career. Individual attorneys who meet at alumni events or conferences or in other professional settings may later refer work to one another, or perhaps answer questions about an unfamiliar legal subject. In addition, a lawyer you meet at a professional event may end up on the other side of a legal matter, and that prior connection can help you be more effective for your client. Tell other lawyers what type of work you do and do it on a regular basis. They can’t send you a client if they don’t know what you do. Many successful lawyers have large networks and draw on their connections to generate business and most effectively practice law. Whether you’re in litigation or negotiating a business transaction, personal knowledge of your opponent will help move the case or deal along much more easily.  

If you find yourself interacting with a lawyer you don’t know, find a connection. In my experience, “judicial geography” can be easier than you think, and a quick rundown of someone’s work history could reveal a common link between you. Commonalities in practice areas can also forge a bond between attorneys. Making such connections can not only make events more fun but can have a positive impact on an attorney’s career as well.

The Covid experience led many to isolate for a while, and some have continued. Not going out to lunch. Not attending bar association events like luncheons, Young Lawyer socials, Women Lawyers socials, etc. But isolation from other lawyers is not good for business or the bar association. Make up your mind to not only attend these functions but to introduce yourself to other lawyers and find out what they do. Tell them what you do. Come meet the judges you may appear in front of. There is value in making connections. Make it a priority.

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YOUNG LAWYERS SECTION

By Amanda Herren, Young Lawyers President

Thank you to everyone who attended our June Beverages with the Bench. We had a great turnout and look forward to our next gathering in August.

Join us for our annual trivia tournament! The Mobile Bar Young Lawyers Trivia Tournament is set for July 12, 2024, from 2:00-5:00 p.m. at Moe’s BBQ. This is a great event every year. We will have 1^st, 2^nd, and 3^rd place team prizes and door prizes. Our tournament beneficiary this year is The Family Center, a non-profit organization focused on preventing child abuse and building strong family units. Should you wish to donate to this worthy cause or enter a team in this year’s tournament, please contact Amanda Herren at ahh@cunninghambounds.com, Robert Alexander at rca@ajlaw.com, or Rachel Holt at rholt@greenephillips.com.

Our July Social will immediately follow the trivia tournament on July 12 from 5:30-8:00 p.m. at Moe’s and is sponsored by Armbrecht Jackson. Law clerks are welcome!

The MBA Young Lawyers End of Summer Social will be held July 25 at The Outsider from 5:30-7:30 p.m. Law clerks are welcome! This event is sponsored by Helmsing Leach; we are grateful for their continued support. We hope to see you there!

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WOMEN LAWYERS

By Ginger Poynter, Women Lawyers President

Our annual Trailblazer Tea, held June 12 at the Battle House Hotel, was a rousing success! Thank you to everyone who attended to help us honor and celebrate our 2024 Trailblazer, 13th Judicial Circuit Court Judge Vicki Davis. Thanks to all of our sponsors for making the event possible and to the Trailblazer Committee led by Chair Samantha Gunnoe. And most of all, thanks to Mobile County Commissioner Merceria Ludgood for her wonderful introduction and to Judge Davis for blazing a path for women in the legal profession. Also, thanks to MBA Executive Director Ann Forbes for including Commissioner Ludgood's remarks in her monthly column (see above).

Pictured here are members of the Women Lawyers Board of Directors and the 2024 Trailblazer Tea Planning Committee and Recipient. Front Row, L to R: McRae Young, Samantha Gunnoe, Jessica Milling, 2024 Trailblazer Award Recipient Judge Vicki Davis, and Ginger Poynter

Back Row, L to R: Heather Sands, Ashton Lattof, Rachele Reis, and Kelly Adams

Not pictured: Maxine Walters, Keri Coumanis, and Tiffany Ray

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VERNON Z. CRAWFORD BAY AREA BAR ASSOCIATION

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

Thanks to all who attended our Third Annual Juneteenth Celebration - we had a great turnout! I'd like to thank those who made it happen: our Executive Board, our event chair, Judge Freddie Stokes, our sponsor, Beasley Allen, and MBA Diversity & Inclusion Committee Member Frank Woodson. 

Save the Date for our upcoming Mardi Gras CLE on February 28 and March 1. We'll have guest speakers from all over the state covering a range of topics; a scholarship award brunch; and a balcony parade viewing. We are accepting firm and individual sponsors now. Registration will open this fall, so mark your calendars!

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In Coats v. Ayers, No. SC-2023-0134 (Ala. June 14, 2024), the Supreme Court held that a tract of real property was not “landlocked” as required for the landowners to avail themselves of the relief provided in Ala. Code § 18-3-1 of a right-of-way over adjacent land to the nearest public road. Although the land in question was bisected by a river, cutting off much of the land to alternate means of access, the Court held that the statute only allows a party to seek to acquire a right-of-way when “no part” of their “tract or body of land is adjacent or contiguous to any public road or highway.”

In Ex parte Housing Authority of City of Talladega, No. SC-2023-0537 (Ala. May 24, 2024), the Supreme Court held that, under certain circumstances, a landlord owes a duty to protect a tenant from an “open and obvious” danger. While first acknowledging the longstanding rule that a lessor is generally not liable to his lessee upon the lessor’s land for injury caused by a dangerous condition, whether natural or artificial, which existed when the lessee took possession, the Court, citing the First and Second Restatement of Torts, nevertheless held that a landlord owes a duty to protect a tenant, even from an “open and obvious” danger, when such danger exists on a part of the premises over which the landlord retained control and that a tenant is entitled to use as appurtenant to the part leased to him.

In Ex parte McLeroy, No. SC-2023-0636 (Ala. May 31, 2024), the Supreme Court held that a trial court was not only required to grant removal of estate proceedings from a probate court, but was additionally required to remand the case back to the probate court.  In a case of competing statutory clauses within Ala. Code § 13-11-41, the Court held that while the statutorily required elements of a removal petition were present, requiring that “an order of removal must be made by the court,” such petition had been brought after the initiation of final settlement proceedings, thus thereafter requiring the circuit court to remand the case back to the probate court as it had not acquired proper jurisdiction.   

In a case of apparent first impression, the Supreme Court held in Deaton v. South Highland Child Development Center, No. SC-2023-0484 (Ala. June 7, 2024), that a trial court’s simultaneous dismissal and striking of a plaintiff’s second amended complaint constituted a final judgment, despite the fact that the plaintiff thereafter filed a third amended complaint before filing a notice of appeal.  While generally this order of filed pleadings would render the judgment of dismissal nonfinal (Parris v. Prison Health Services, Inc., 991 So. 2d 270, 272-73 (Ala. Civ. App. 2008)), because the trial court simultaneously dismissed and struck the plaintiff’s second amended complaint for undue delay based on the information available or discoverable, the trial court effectively “ordered otherwise” pursuant to Ala. R. Civ. P. 78 and left no pleading which could be amended pursuant to the Rule.

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The following attorneys accepted or closed files, met with clients at the SAVLP office, and/or volunteered in March and April: Scott Soutullo, Joseph Steadman, Janet Thornton, David Trice, Jessica Welch, and Michael Wing.  We apologize for excluding your names from last month’s list.

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

Are you interested in volunteering?

We are looking for attorneys to provide limited legal advice at our Mobile County Courthouse clinics. These take place from 1:00-3:00 p.m. on the second Tuesday of every month. CLICK HERE to sign up for a 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. We are trying to fill shifts in July, August, and September.

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KUDOS: MBA Member M. Warren Butler has been selected to serve as Director of the International Association of Defense Counsel (IADC)’s 50th Annual Trial Academy, to be held at Stanford Law School in Palo Alto, California, from August 2 to August 9, 2024. The Trial Academy is the nation’s preeminent defense trial academy training program and the crown jewel of the IADC.  A career-changing opportunity for lawyers looking to practice fundamental trial skills as well as those seeking to take their advocacy techniques to the next level, the Trial Academy brings together the best IADC members as faculty and the most talented and promising defense lawyers from across the country as students.  What an outstanding accomplishment and honor for one of our own to have been chosen as its director. Congratulations, Warren!

KUDOS: At its June 15, 2024, Annual Meeting, the Alabama Defense Lawyers Association (ADLA) honored MBA Immediate Past President Forrest Latta with the Louise and Ed Livingston Award for his exemplary service and dedication to the ADLA membership over 40 years. Forrest’s role in the vanguard of Alabama’s tort-reform and court-reform efforts of the 1990s and 2000s began with his appointment to the ADLA’s amicus curiae committee in 1993. He wrote briefs in the Alabama and United States Supreme Courts on issues such as punitive damages, tort reform, wrongful death, contributory negligence, dram shop liability, and employee benefits. He traveled the state and nation speaking and writing articles for local and national publications, thereby advancing reforms that shaped Alabama’s current legal landscape. Congratulations, Forrest!

DIED: Wife of Retired MBA Member George McKean, Elizabeth “Betsy” McKean, née Peake, died on May 8, 2024.  Betsy’s brother and nephew are Alabama lawyers John Day Peake, Jr., and John “Day” Peake, III, respectively.  A Mobile native, Betsy attended Mississippi College for Women after graduating from Julius T. Wright School for Girls in 1959.  She married in 1963 and moved to the Eastern Shore, where she raised her two children. Betsy was known for her genial, kind-hearted, and festive nature.  She loved to travel, cook, and entertain and treasured many lifelong friendships. The ladies of her sewing club, affectionately called “stitch and stuff,” were among her closest friends. She worked at Crown & Colony in Fairhope to indulge her passion for antiques and share her knowledge with others. Betsy is survived by her husband of 60 years, two children, and three grandchildren.

DIED: Mother of MBA Member Virginia Haas, Lucy Carolyn Wiggs, died on May 25, 2024. Lucy met her husband at Immaculate Conception High School in Memphis, Tennessee. She spent 16 years as a stay-at-home mother. After that, she obtained her real estate license and worked for Roberts Brothers in Mobile. She also provided bookkeeping services for several businesses.  A lifelong Catholic, Lucy enjoyed the outdoors, sewing, and dancing.  As a baton twirling contest director certified by the National Baton Twirling Association, she was active in the Murphy High School Band boosters and was instrumental in the founding and backing of the first high school band contest in Mobile at Ladd Stadium. Lucy was predeceased by her husband of 50 years and is survived by her daughter and granddaughter.

DIED: Father of MBA Member Greg Bru, William “Billy” Baker Bru, died on May 25, 2024.  A native Mobilian, Billy attended Leinkauf School and Murphy High School. He earned a bachelor’s degree in business administration from Auburn University.  After serving in the U.S. Army during the Berlin crisis, Billy built a long and successful career as an executive in the shipping industry. He and his family traveled the nation and the world in connection with his work. As his contemporaries entered retirement, he began serving the homeless of Mobile as the Executive Director of the Waterfront Rescue Mission, whose premises he considered “holy ground.” Billy is survived by his wife of 64 years, four children, 11 grandchildren, and three great-grandchildren.

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Association of Legal Administrators Mobile Chapter will host its 2024 Managing Partner Breakfast on Tuesday, July. 16, 2024, from 8:00 – 9:30 a.m. at the Battle House Hotel in the Moonlight Ballroom on the second floor. This year’s guest speaker is Cleon Jones. Mr. Jones is an inductee of the New York Mets Hall of Fame, Alabama and Mobile Sports Halls of Fame, and Founder of The Last Out Community Foundation. All attorneys/judges are invited to attend. The cost of a ticket is $45.00. Please RSVP to Patty Risher by email at pdr@frazergreenee.com.

Have you ever considered serving as an officer on the Mobile Bar Association Executive Committee? The nominating committee will be meeting soon to slate the Secretary, Assistant Treasurer, and Vice President officer positions. For the Vice President position, which historically places the nominee in line for MBA President, the nominating committee will consider Mobile, AL firms with 2 – 6 MBA members within their firm. If you are interested in serving as an officer on the 2025 Executive Committee, please contact MBA Executive Director Ann Forbes by Friday, July 26, 2024, by email at aforbes@mobilebarassociation.com.

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.

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PLEASE CONSIDER MAKING A TAX-DEDUCTIBLE DONATION TO THE

MOBILE BAR FOUNDATION



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Acknowledgement sent to:

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

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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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Who: Alabama Coastal Foundation

What: Wetlands Compliance Workshops

When: Thursday, August 8

Where: Weeks Bay Resource Center

AND

When: Tuesday, August 20

Where: Mobile Area Association of Realtors

Available CLE Credit Hours: 3.0

CLICK HERE FOR MORE INFORMATION!

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Listed below are members who celebrate a birthday in July:

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STAY CONNECTED