Raymond L. Bell, Jr., President

May 2024

Volume XLVIII, Issue 5

In This Issue...

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

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

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

Law Day..................................Page 7

Lawyer Assistance..................Page 7

Mentoring................................Page 8

Young Lawyers........................Page 9

Women Lawyers......................Page 10

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

Significant Decisions...............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

May is Mental Health Awareness Month and, without a doubt, our work typically involves long hours and the complex issues that can take a toll on the mental well-being of any lawyer. In addition to meeting the demands of our cases and working with our colleagues and the courts, we are responsible for maintaining a high level of professionalism and living up to the expectations of our clients and the public. It’s no wonder so many of us experience high levels of stress and anxiety.

According to a recent study, lawyers are prone to mental health issues, including anxiety, depression, and substance abuse. The data from the nationwide study indicate that lawyers generally experience elevated levels of stress and, specifically, 28% experience depression, 19% experience anxiety, 21% abuse alcohol, and 11% abuse drugs. These statistics are startling; we have to do better. 

A few tips for supporting your mental health as a lawyer include the following:

• Be (or get) physically healthy.       
• Align your life and work.
• Continue to learn and develop.
• Know when to say no.
• Know your capacity.
• Network in your areas of work.
• Be self-aware.
• Seek help early and as often as needed.

May is also the month in which we celebrate Mother’s Day. This special holiday recognizes and celebrates motherhood and mothers and their positive contributions to their families and society. To all of the mothers, especially the mothers who are lawyers, thank you for all you do. Happy Mother’s Day!

The Mobile Bar Association and legal communities throughout the United States celebrate today, May 1, as Law Day. This special day began on February 5, 1958, when President Eisenhower proclaimed May 1 of each year to be Law Day. This proclamation would later be codified on April 7, 1961.

According to 36 U.S.C § 113, “Law Day” is a special day of celebration by the people of the United States (1) in appreciation of their liberties and reaffirmation of their loyalty to the United States, and of their rededication to the ideas of equality and justice under law in their relations with each other and with other countries; and (2) for the cultivation of the respect for law that is so vital to the democratic way of life.

Law Day is an opportunity to honor the principles of our government under law; many legal communities will adopt themes in recognition of the day. The American Bar Association chose the theme “Voices of Democracy” to recognize that, in democracies, the people rule. The theme also encourages honest and civil discussions on issues, voting, and that our government shall remain responsive to the wishes of the people. I support and believe in all of the this. Happy Law Day! 

Mark your calendars and plan to attend the Mobile Bar Association Law Day Luncheon on Friday, May 10. Also, the Young Lawyers section will host its annual golf tournament on Friday, May 17. Additionally, the MBA Mentoring Committee will host a Career Crossroads CLE on May 21. Your attendance and participation at these events will be greatly appreciated.

Let’s Do More! This month, as the leaves are in bloom and the days are getting longer, I am encouraging us to enjoy spring and prepare for summer giving. During the summer many of us will be traveling, vacationing, and spending time with our families. Unfortunately, that will not be the case for many others and, like always, the less fortunate need our help.

As you can imagine, many volunteer-heavy organizations experience a decrease in participation and charitable giving as personal summer travel and spending increase. Therefore, while we are making our fun plans for June, July, and August let us remember that others will continue to need our time and resources during the summer.

As always, I remain...

Sincerely,

Raymond L. Bell, Jr.

Mobile Bar Association, 2024 President

To consummate 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 Burton Craige Distinguished Professor of Jurisprudence at the University of North Carolina - Chapel Hill and Resident Scholar at the National Constitution Center. 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 May! The month of May is always busy for the Mobile Bar Association: We celebrate Law Day, it is Mental Health Awareness Month, and, on a more personal level, we have graduations, Mother’s Day, and other springtime celebrations.

First, let’s talk about Law Day. In 1957, American Bar Association President Charles S. Rhyne envisioned a special day for celebrating the legal system. In 1958, President Dwight D. Eisenhower established Law Day as a national day dedicated to the principles of government under law. Then, in 1961, Congress designated May 1 as the official date for celebrating Law Day. The annual event recognizes the role of law in our society and offers an opportunity to cultivate a deeper understanding of the legal profession. In the years since Law Day was established, Law Day programs have spread to countries around the globe.

Every year, Law Day is centered on a theme. This year’s theme is Voices of Democracy. I’m happy to report that we received approximately 170 student submissions in three categories for our Law Day art and essay contests. I look forward to meeting and celebrating the recipients of the art and essay contest awards and the Liberty Bell Award recipient during our membership luncheon on Friday, May 10. We will display the 1st, 2nd, and 3rd place contest entries at the luncheon. Afterwards, we will place the entries in our display cases on the 8th floor of Government Plaza on the courthouse side.

May is also Mental Health Awareness Month. Established in 1949, the designation is intended to increase awareness of and educate the public about mental illness and mental health. Studies show that attorneys are suffering from depression, anxiety, and other mental health issues at higher rates than professionals in other industries. With this in mind, the Mobile Bar Association strives to put this topic at the forefront and be a resource for our membership.

Our Lawyer Assistance Committee does a great job of bringing awareness to this topic and providing resources. The committee has written a variety of articles in past Bar Bulletins to remind us that we are not alone. Additionally, we have a Lawyer Assistance page on the Mobile Bar Association website that provides a variety of resources. The page may be found under For Lawyers; it is loaded with local, state, and national resources to assist with addiction or mental health issues. What a great resource!

Thank you for your dedication to the legal profession. Thank you for keeping our traditions alive. Thank you for being a member of the Mobile Bar Association. Please let me know if there is anything we can do for you. I can be reached by email at aforbes@mobilebarassociation.com or by phone at 251.433.9790.

Your reminders for May:

• Many thanks to all members who have paid their MBA membership dues. If you have not, please make sure your dues are up to date.
• Make your reservation for the Law Day Membership Luncheon by Monday, May 6, so we will be prepared for you.
• Click Here to check out our Lawyer Assistance page on the website.
• The MBA office will be closed on Monday, May 27, in observance of Memorial Day.
• To all the mothers and grandmothers – Happy Mother’s Day!

P. Ann Forbes

Mobile Bar Association, Executive Director

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UPCOMING CLEs

Probate Section Lunch and Learn

Thursday, May 2, 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.

Mentoring Committee presents

Career Crossroads

Tuesday, May 21, 2024 | 12:00 - 1:00 p.m.

Available CLE Credits: 1.0

Cost: Practicing 10 years or less - MBA Member - Free and Non MBA Member - $20.00

Practicing 11 years or more - MBA Member - $25.00 and Non MBA Member - $35.00

LOCATION: FEDERAL COURTHOUSE | JURY ASSEMBLY ROOM

The MBA Mentoring Committee invites you to join us as we discuss how lawyers can successfully navigate changing their careers and exploring new practice areas. Our panelists will discuss their own career changes, how their work experience has led them to their current positions, and new opportunities and challenges that come when you are at a Career Crossroads. 

Panelists:  Kristy Waldron, Burr & Forman; Gaillard Ladd, U.S. Attorney's Office, Southern District of Alabama; Michael Chambers, University of South Alabama Office of Research and Economic Development; David Allen, Damrich & Allen

Moderators: Koby Kirkland & David Trice, Mentoring Committee Co-chairs

ADVANCE REGISTRATION DEADLINE IS FRIDAY, MAY 17, 2024.

ONDEMAND CLEs

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2024 LAW DAY

By Cat Kirkland, Law Day Chair

The month of May is upon us, and with it, our annual Law Day activities. The 2024 Law Day theme, Voices of Democracy, celebrates democracy, voting, and free and fair elections.  The Bar recognizes Law Day through a variety of community outreach and educational programs. 

I have served as chair of the Law Day committee for the past several years. The lead-up to Law Day can be a bit of a herculean effort (involving many important volunteers, named below): developing and running a student contest, researching and identifying the Liberty Bell Award recipient, planning a special judicial event for students, and counting RSVPs for the Law Day luncheon. 

However, each year as I approach May I am reminded of all the wonderful reasons I feel called to participate with this committee. For example, this year, we asked our middle and high school students to examine the importance of voting and provide an opinion on how voter turnout could be improved. We also asked our elementary students to discuss voting and draw a picture demonstrating voting or what a good leader means to them. The submissions are inspiring, thoughtful, and (especially with the young children) sometimes hilarious. These students make me so hopeful for our future! Similarly, reviewing Liberty Bell nominations and helping plan the Judicial Event with our judges reminds me of the important role we each play in our democracy both in our professional and personal capacities. 

To meet our contest winners and see their amazing entries, please make plans to join us at  our annual Law Day luncheon on May 10. 



Finally, I want to sincerely thank and recognize Raymond Bell, Ann Forbes, Jeffrie Morgan, and all the attorney Law Day Committee members, especially Weathers Bolt, Ann Chapman, Beth Liles, SuntreaseWilliams-Maynard, Maxine Walters, and Alex Wood, for all their help and support. My husband and fellow attorney Koby Kirkland is always on hand, too, to help in any way. The MBA’s robust Law Day celebration is only possible due to their volunteerism and hard work.

LAWYER ASSISTANCE

By Ben Kearns, Lawyer Assistance Chair

What is the Alabama Lawyer’s Assistance Program?

Attorneys, judges, and law students face unique challenges. The legal profession has inherent difficulties that are not present in other careers. The pressure to perform is evident from the first day of law school all the way to retirement. As a result, it is not surprising that lawyers face higher rates of substance abuse and mental health challenges than in any other field and much higher rates than those of the general population.

As a result of our increased levels of stress, there is an obvious need to address the difficulties faced by legal professionals. The Alabama State Bar offers help with this through the Alabama Lawyer Assistance Program (ALAP). It is a free program provided to all students, attorneys, and judges.

ALAP is a confidential and voluntary program. Each participant’s identity is held in strict confidence and is not disclosed to anyone at the State Bar or to any employer, law school, admissions department, the Office of General Counsel, or any other entity. Anonymity is as important to us as it is to you.

ALAP does not provide counseling. We assess individual needs and make referrals and recommendations based on specific circumstances. The approach we take varies based on progression, acuity, issue, etc. We only refer participants to counselors and programs that have experience working with legal professionals. As I have already mentioned, there are unique stressors that are not present in other occupations, and it is important to work with someone who understands those. However, we do provide monitoring and resources within the program, including mentoring and support groups solely for legal professionals.

We are always here to help you. If you are struggling or you know someone who is, please reach out for help. If you contact us regarding a friend or colleague, your identity is held in strict confidence. We never disclose who our callers are. You may be the only person who is willing to help that person. We can also provide tips and suggestions, and answer questions for you without getting involved if that is your preference. Regardless of what, or how, assistance is needed, ALAP is here for you.

Jeremy Rakes, MSW, Director

Alabama Lawyer Assistance Program

jeremy.rakes@alabar.org

334-224-6920

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MENTORING MOMENT

By Clay Rossi, Mentoring Committee Member

One of my all-time favorite anecdotes comes from legendary television executive Roone Arledge, whose successes include Monday Night Football and ABC’s coverage of NCAA football (inaugurated on September 17, 1960, with the Alabama Crimson Tide’s 21–6 victory over the Georgia Bulldogs). Arledge’s famous standard reply when asked a question concerning the television business was, “The answer to all your questions is money.” That witticism is wisdom not only in the media, but in the law as well.

But there is a notable exception to Roone’s Rule. There are 168 hours in a week. You can always get financing, but there is no way to alter those 168 hours. Time is a zero-sum game.

We can’t create time; it can only be invested—or wasted. In Shakespeare’s infrequently read and even-less-often seen Richard II, King Richard laments, “I wasted time and now doth time waste me.”  

All this to say, time management is a fundamental and under-emphasized skill for any lawyer. One of the easiest ways to begin to gain a foothold over your time is the Urgent-Important Matrix attributed to President Dwight D. Eisenhower:

The chart calls for important and urgent tasks (crises, deadlines, or pressing issues) to be done immediately and tasks that are urgent but not important to be handed off. Important but non-urgent tasks can be huge distractions but, because they are not urgent, they should be scheduled to be dealt with later. And finally, the things that seek our time, but which are neither important nor urgent, need to be gotten rid of.

The Eisenhower matrix will serve you well not only as sorting through your email inbox but in every corner of your life. Learn it and put those 168 hours to work for you.

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YOUNG LAWYERS SECTION

By Amanda Herren, Young Lawyers President

Thank you to those who attended Beverages with the Bench on April 16—we had a great turnout! Special thanks to Damrich & Allen for sponsoring this event. Please make plans to join us next time!

The May YL Social/Golf Tournament Kickoff Party will be held May 16 from 5:30-7:30 PM at the Cedar Street Social Club and will include musical guests The Symone French Trio. Summer law clerks are welcome to attend. This event is sponsored by Taylor Martino. We are grateful for their support of MBA Young Lawyers and their sponsorship of this party each year.

Our annual golf tournament will be held on May 17 at the Spring Hill College Golf Course. This year, our tournament will benefit Fostering Together Gulf Coast. Fostering Together connects the resources and generosity of local communities with the needs of children in foster care, as well as the foster and adoptive families caring for them in the Alabama Gulf Coast region. We are excited to support this worthy cause. 

We still have room for more teams, and there are still sponsorship opportunities available. If you would like to enter a team or donate, please contact Garrett Zoghby at garrett.zoghby@arlaw.com or Robert Alexander at rca@ajlaw.com. Summer law clerks are also welcome to participate in the tournament.

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WOMEN LAWYERS

By Ginger Poynter, Women Lawyers President

Thanks to all who attended our Spring Social in April! 

Our 12^th annual Trailblazer Tea celebrating Alabama Circuit Court Judge Vicki 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 are available. The deadline for inclusion on the invitation is May 15, 2024. To become a sponsor, or to RSVP to attend, contact me at gpoynterlaw@gmail.com or Samantha Gunnoe at sng@helmsinglaw.com.

And, if you haven’t paid your 2024 dues or you’d like to join, email me at gpoynterlaw@gmail.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 recently met with a group of seniors at Williamson High School to discuss the importance of voting and provide materials on voter registration. A good time was had by all.

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All small claim cases for 2024 may be eligible for the new pilot On-line Dispute Resolution program (ODR). The program was developed by the Administrative Office of Courts to assist with negotiations for small claims cases with one defendant and one plaintiff. The process is initiated by the defendant. Upon being served, the defendant is given instructions if they wish to participate in ODR. If the defendant chooses to participate, the attorney who filed the small claims case (or any pro se plaintiff) will be notified by their registered email. Check your emails for more information from the Administrative Office of Courts. The ODR process could eliminate any court appearance for both parties.

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In Alavaest, LLC v. Harris, No. SC-2023-0414 (Ala. April 12, 2024), the Supreme Court remanded a real estate foreclosure redemption matter due to the redemptioner’s failure to join a potentially necessary and indispensable party pursuant to Ala. R. Civ. P. 19. While recognizing that it would ultimately be the duty of the trial court to determine whether the foreclosing mortgagee, who had not been added to the proceedings by the redeeming mortgagor, was indispensable to the action, the Supreme Court primarily noted that no attempt had previously been made to add such party and remanded the cause for the trial court to order the addition of such party.

In Ex parte The Alabama-West Florida Conference of the United Methodist Church, Inc., and the General Council on Finance and Administration of the United Methodist Church, SC-2023-0385 (Ala. April 12, 2024), the Supreme Court denied a petition for writ of mandamus to dismiss an action on the claimed grounds of lack of subject matter jurisdiction due to the Establishment and Free Exercise clauses of the First Amendment. Applying the “neutral principles doctrine” that has been adopted by the State of Alabama, the main opinion given by the Court* explained that the underlying declaratory judgment action regarding the respective rights of a petitioning local congregation and respondent regional body of the United Methodist Church as to certain real property did not ask the Court to resolve underlying controversies of religious doctrine or ecclesiastical matters, but could rather be resolved applying neutral principles of law to the matter presented. 

*Note: This matter involved the recusal of four Justices, two separate concurring opinions, and the appointment of two judges from the Court of Civil Appeals.

In Ex parte State Farm Mutual Automobile Insurance Company, No. SC-2023-0528, the Supreme Court granted a petition for writ of mandamus to dismiss an underinsured motorist claim on the grounds that the complaint was brought after expiration of the statute of limitations period for filing. Although a claim was brought after the injured party had obtained a settlement with the underinsured motorist, the Court held that the underinsured motorist statute (Ala. Code § 32-7-23) does not require that a plaintiff obtain a judgment against the defendant driver before seeking recovery against the plaintiff's insurer under a policy providing uninsured/underinsured-motorist coverage. Rather, the statute’s requirement that an insured be “legally entitled to recover damages” means that the insured must be able to establish fault on the part of the uninsured motorist, which gives rise to damages, and must be able to prove the extent of those damages. The Court therefore concluded that the insured’s cause of action against the insurer to obtain recovery under the underinsured motorist policy accrued, and the six-year limitations period began to run, from the date of motor vehicle accident.

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KUDOS: On April 12, 2024, MBA Members Merceria Ludgood and Henry Brewster were recipients of the Center for Fair Housing’s Inaugural Justice Leadership Awards. The Center for Fair Housing, Inc., is a full-service fair housing center with a mission to advocate for, enforce, and educate the community on fair housing rights and related laws to ensure access to opportunity an promote heathy and inclusive committees. We can be proud that two of the four honorees are members of our bar! Henry was integral in the Center’s creation; Merceria has been a longtime supporter of affordable housing initiatives and community revitalization efforts. Congratulations, Henry and Merceria!

DIED: Retired District Court Judge and MBA Member Charles Noel McKnight died on March 28, 2024. Born in Philadelphia, Pennsylvania, Charlie graduated from Monsignor Bonner Catholic High School. After high school, he served four years in the Air Force while earning his bachelor’s degree in accounting from Spring Hill College. He earned his JD at Cumberland Law School, after which he started a private practice in family and criminal law in Mobile. He served the remainder of his career as a Mobile County District Court Judge. Charlie was an avid Alabama fan who loved deep-sea fishing and talking politics. He is survived by his wife, five children, six grandchildren, and two great-grandchildren.

DIED: MBA Member Yancy “Bay” Davis Lott, Jr., died on April 4, 2024. A native Mobilian, Bay was a letterman and Captain of the first University of Alabama swim team. He was later inducted into the University of Alabama Sports Hall of Fame. Bay was an avid outdoorsman and loved to entertain at his beach house. He practiced law in Mobile for many years. Bay is survived by his wife of nearly 40 years, four children, and three grandchildren.

DIED: MBA Member Glen Porter Brock, Jr., died on April 8, 2024, at his home in West Mobile. A native Mobilian, Porter graduated from University Military School (now UMS-Wright) in 1955 and Auburn University in 1959. He was in the ROTC at Auburn and later served as a Captain in the U.S. Army. Porter earned his JD from the University of Alabama School of Law in 1963 and his LLM in Taxation from New York University Law School in 1964. He devoted his entire career practicing in the Tax, Trust & Estate, and Estate Planning practices at the law firm now known as Hand Arendall Harrison Sale. He was a Fellow of the American College of Tax Counsel and a Fellow of the American College of Trust and Estate Counsel (ACTEC), as well as a past president of the Tax Section of the Alabama Bar Association. Porter is survived by his wife of 63 years, two children, and two grandchildren.



DIED: Retired Circuit Court Judge and MBA Member Robert Herschel Smith died on April 8, 2024. Born in Mobile, Robert graduated from Murphy High School and earned a degree in Business and Economics from Birmingham-Southern College. At the University of Alabama School of Law, he was a member of the Farrah Society and the Alabama Law Review. He practiced law in Mobile before being appointed to serve as a Mobile County Circuit Court Judge in 2006. He retired from the bench in 2018. Robert is survived by his wife of 57 years, three daughters, and two grandchildren. He is also the brother-in-law of retired MBA Member Bill Sisson.

Eaton Barnard announces the re-opening of his private practice, Eaton Barnard, PC. His new office and mailing address is 316 South Sage Ave., Suite A, Mobile, AL. 36606, Telephone: (251) 604-0400, Email: eaton@ebarnardlaw.com.

Trying to locate the will for Levinna Johnson Brown. DOB: 04/09/1941, Place of Birth: Butler, AL, DOD: 07/21/2020, Place of Death: Thomasville, AL. The will would have been prepared around 2018. If you have any information, please contact Todd R. or Emma C. Pierce by phone at (850) 496-4100 or (334) 456-4884.

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PLEASE CONSIDER MAKING A TAX DEDUCTIBLE DONATION TO THE

MOBILE BAR FOUNDATION



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Listed below are members who celebrate a birthday in May:

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