Raymond L. Bell, Jr., President

September 2024

Volume XLVIII, Issue 9

In This Issue...

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

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

Lawyer Assistance..................Page 9

Professional Relations............Page 10

Young Lawyers........................Page 11

VZC Bar...................................Page 12

SAVLP......................................Page 13

Announcements.......................Page 15

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

Summer is in the books, and I hope each of your families had an enjoyable break filled with memorable vacations and good times. I also hope that each family enjoyed the first days of school for the little ones and college move-ins for those who have embarked on the next chapter of life.

I want to thank State Representative Matt Simpson for serving as our featured guest at our last membership meeting. His remarks regarding the Legislature and his efforts to reform state ethics laws were interesting and informative. Thank you, Matt, and I hope you will visit with us again.

I also want to give a special thank you to Danny Sheridan. This year’s Mobile Bar Foundation fundraiser was successful, and Danny’s participation was a huge part of it. I also want to thank Ann Forbes and the committee that put on the great event. I saw the hard work of these folks, and they deserve a show of appreciation from both the Bar and the foundation.  

The only constant in life is change. This is particularly true in the legal profession, and lawyers who fail to embrace this fact will be left behind. I recently read a few articles on the continued “Uberization” of the practice of law and other professions, and I was amazed to learn how some lawyers are practicing—and how receptive clients are to a “new day” of seeking and procuring representation, especially from solo practitioners and small law firms. 

Years ago, conducting business without a face-to-face transaction was almost unheard of. You wanted to look the sales representative in the eye. You wanted to see whom you were doing business with. You wanted to go to a place of business. You also would not dare purchase a home or rent an apartment without a walk-through or purchase a car without “kicking the tires.”

So why are some lawyers adapting to the changes and others remaining resistant? Let us take the latter first. Lawyers are inherently risk averse. When we seek the best solutions, we focus on what can go wrong and depend on precedent. Many of us are reluctant to try different ways to find the right outcome. On the other end of the spectrum, however, lawyers are embracing change and are excelling.

Why are they excelling? They are utilizing technology, responding to how consumers are doing business, and adapting to the drivers of change that come from outside the legal profession. They do not need the traditional office help or atmosphere. Clients do not expect it. Emails replaced the letter, and now a text is an acceptable communication. Smartphones, tablets, apps, and gadgets are the new essential tools. What happens in the office? Not client meetings or document review or signings. Business is handled remotely, and documents are executed through software. The attorney-client relationship from start to finish may never include a handshake.

The future is clear. Those reluctant to change in a continuing Uber-like environment will be left behind, and those who adapt to the ever-evolving ways of practicing with technology and the ways clients are willing to be represented will continue to excel.

Mark your calendars: Our next membership luncheon will be held Friday, October 11.

Let’s Do More! Unfortunately, politics has always been somewhat nasty, and the latter days of an election season can bring out the worst in the form of opinions, debates, and conversations. Let’s remember that everyone has the right to his or her opinion, and the right to express it.

This month I am asking all of us to respect the views of others, remain civil in all communications, and work together to avoid division. We all love our country and want what is best for all.



As always, I remain...

Sincerely,

Raymond L. Bell, Jr.

Mobile Bar Association, 2024 President

During the meeting:

• Recognize 50-year lawyers: J. Hodge Alves, III; James W. Bodiford, Jr.; Thomas F. Garth; Edward G. Hawkins; Maxey J. Roberts; William A. Robinson; Thomas S. Rue; Daniel G. Sayers; Patrick H. Sims; Stephen R. Windom
• Announce Slate of Officers for 2025
• We will be collecting canned goods for local food pantries.
• Speaker is Judge Ben Brooks

ADVANCE REGISTRATION DEADLINE IS MONDAY, OCTOBER 7, 2024.

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Wow! What a busy August! It has been great getting out and about and seeing everyone. Many thanks for your support of the Mobile Bar Foundation’s 30^th Anniversary Dinner fundraiser. Our featured speaker was Danny Sheridan, and I enjoyed hearing about the upcoming college football season. 

As we all know, September marks the start of a busy season that will continue through the remainder of the year. In recognition of the coming busyness, I’d like to devote this month’s article to offering some helpful reminders. They are:

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. You have a username and password for signing in. 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. Please help us by keeping your information as up to date as possible. We are maintaining a website and more than 1,100 member records on a daily basis, so your assistance is greatly appreciated.

New Office Location: Don’t forget! We are no longer in the LeVert building. We are across the street at 150 Government Street, Suite 1000A.

MBA Membership Directory: You can view the MBA Membership Directory two ways.

(1) Log into your profile on the website, or, (2) if not logged into your profile, go to the tab marked “For the Public,” select “Member Directory,” and type in a name. Tip: I recommend just typing in the person’s last name, because if the person goes by his/her middle name, it is not going to show up.

It is also CLE season. Please consider attending one or several of our upcoming CLEs. The committee has done a great job of diversifying the CLEs being offered throughout year. The schedule through the rest of the year is listed below. One CLE to note: We will continue with our Bench and Bar Roundtable Luncheon. It is the perfect opportunity for you join us, along with your young associates, to get one-on-one time with our judges outside the courtroom.

Thanks again for all your support!



Onward,

P. Ann Forbes

Mobile Bar Association, Executive Director

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COLLECTING CANNED GOODS

DONATE!

We are collecting canned or other non-perishable food items for local food pantries. We are accepting:

• Canned meats (tuna, chicken, etc.)
• Peanut butter
• Canned vegetables
• Fruits, canned or boxed
• Canned meals (soup, macaroni & cheese, etc.)
• Dried or canned beans, pasta, rice, and cereal

Where to drop off: MBA headquarters at 150 Government Street, Suite 1000-A,

or the October Membership Luncheon.

Deadline date to drop off items: Thursday, October 31, 2024.

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SEPTEMBER CLEs

Workers Compensation Section Lunch and Learn

Monday, September 9, 2024 | 12:00 - 1:00 PM

Available CLE Credits: 1.0 | Cost: $18.00 (lunch)

Location: Athelstan Club

Speaker Cheryl Eubanks will give an overview of the Ombudsman Program.

To register, contact Boyd Miller by email at rbmadr@icloud.com.

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In-House Section Lunch and Learn

Tuesday, September 17, 2024 | 12:00 - 1:00 PM

Available CLE Credits: 1.0 | Cost: self-pay for lunch

Location: Blue Gill Restaurant

Speaker Windy Bitzer from Hand Arendall Harrison Sale will present an employee law update.

To register, contact Jeffrie Morgan by email at jmorgan@mobilebarassociation.com.

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CLEs FOR OCTOBER - DECEMBER

ON-DEMAND CLEs

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LAWYER ASSISTANCE

By Michael Smith, Lawyer Assistance Committee Member

The Alabama Lawyers Assistance Program

The Alabama State Bar saw a need to create a stand-alone, strictly confidential program to assist lawyers, law students, and judges who need help with overwhelming circumstances. The Alabama Lawyers Assistance Program (ALAP) is working to fill this need. The program is not only designed to provide assistance to individuals with addiction issues but can also provide help in areas such as mental health, cognitive impairment, and burnout. The program will also provide advocacy support where needed.

While ALAP is a program of the Alabama State Bar, it preserves the anonymity of participants and does not disclose information to other departments within the State Bar. There is no risk to your admission to the Bar, or to maintaining your license as a practicing attorney.

ALAP is a voluntary program; there is no professional risk involved in participating, and no pressure to do so. It can be daunting to reach out for help; ALAP provides encouragement.

ALAP staff members recognize that each individual and each experience is different, and their approach varies accordingly from person to person. After an initial assessment, an ALAP staff member will create a plan that has been shown to have the most effective outcome. Their philosophy is based on the individual’s needs, and their recommendations are grounded in best practices.

Who do they help?

Attorneys, law students, and judges.

ALAP knows that the practice of law is extremely demanding and requires a great deal to be successful. The stresses of practicing law can lead to depression, anxiety, substance abuse, burnout, suicidality, and many other problems. If left unchecked, personal problems will most likely transition into professional struggles, which could lead to disciplinary action. ALAP wants to provide assistance to avoid that progression.

In some cases, problematic behaviors and impaired judgement already have led to a bar complaint or disciplinary action. ALAP can help with that, too. It can work with attorneys and become an advocate, speaking to the participant’s efforts to overcome problematic behaviors and their demonstrated progress.

How does ALAP help?

Through mentorship: ALAP has an appointed committee of volunteer attorneys and judges who serve as mentors.

Through monitoring, though not all ALAP clients will need this approach. This option provides accountability when substance use or dependence is involved. It is also helpful if someone is facing disciplinary issues. It allows ALAP to advocate for the participant and show growth in recovery.

ALAP also offers in-person lawyer support groups in some areas as well as virtual recovery and wellness meetings.

Law students also may participate in the program. ALAP can help law students navigate their journey through law school by providing healthy coping mechanisms and support.

Through advocacy, ALAP can provide much needed help for its participants. It can provide support to law students facing Character and Fitness hearings, as well as attorneys and judges who are facing disciplinary hearings—if they are fully compliant with the ALAP's recommendations.

If you or someone you know needs help in one of more of these areas, please contact the Alabama Lawyers Assistance Program at (334) 224-6920 or (334) 517-2216.

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PROFESSIONAL RELATIONS COMMITTEE

By Stoney Chavers, Professional Relations Committee Co-Chair

The Mobile Bar Professional Relations Committee, led by Co-Chairs Stoney Chavers and Judge Jill Phillips, serves as a liaison between the Mobile Bar Association and members of other professions, such as medical, accounting, and banking. The Committee works to mediate any differences that may arise and be otherwise available to assist in fostering a climate of goodwill between the professions.

MBA members have expressed frustration with the exponential fee increases to conduct medical depositions. These fees impact case value and typically are paid directly to the physician as supplemental income.

Below is a listing of fees from different physicians that were reported by Mobile Bar Association members:

This issue is not new. In 1986, the Mobile Bar Association and the Medical Society of Mobile County prepared and adopted the Interprofessional Code of Cooperation. Most Mobile County attorneys and physicians with whom we spoke were not even aware of the existence of the Code.  

The Interprofessional Code of Cooperation suggested parameters for medical deposition fees, record retrieval costs (Code of Alabama (1975) 12-21-6.1), disputes, scheduling, hardships, etc. Regarding compensation for a doctor’s deposition, it was recommended that such fees be “fair and reasonable….” incorporating numerous variables. However, the Code is a professional courtesy recommendation and is not enforceable. 

Beginning in 2022, the Mobile Bar Association Professional Relations Committee met with the similarly designated committee members from the Medical Society of Mobile County. Both organizations have discussed and submitted revisions to the Interprofessional Code of Cooperation that are currently under review by both committees.

Regarding a standardized fee system, the three physicians on the Medical Society Committee were unfamiliar with costs charged by doctors in personal injury cases. The Medical Society of Mobile County has not addressed the fee structure with its membership, and costs remains discretionary with the individual doctors. There is little incentive for physicians to conform to the Interprofessional Code of Cooperation, much less regulate charges, absent judicial intervention.

To further the discussion, the Mobile Bar Association Professional Relations Committee has reached out to physicians with The Alabama Orthopedic Center and The Orthopedic Group to get their feedback on the Interprofessional Code of Cooperation and current doctor fee structure. Our committee is also soliciting input on the fee issue from our local bench, as well as The Birmingham and Huntsville Bar Associations.

If you would like to share your feedback, please contact me by phone at 251-432-4070 or by email at stoney@fclegal.com. Any communications will be confidential.

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YOUNG LAWYERS SECTION

By Amanda Herren, Young Lawyers President

Our officers presented Fostering Together with the money raised on its behalf at our 2024 YL Golf Tournament. Thank you to all of our sponsors and participants! This year was a great success—we donated $15,000! 

Join us for our September Social. The event will be on September 26 from 5:30-7:30 p.m. at Haberdasher. We hope to see you there.

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VERNON Z. CRAWFORD BAY AREA BAR ASSOCIATION

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Thanks to the following attorneys who accepted or closed cases in June and July:

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. To sign up for a shift, click SAVLP Limited Legal Advice Clinic Volunteer Registration.

If you would rather donate a few hours to meet clients at the SAVLP office, please email ariana@savlp.org to schedule a date. We are trying to fill shifts in September, October, and November. 

You make a difference when you volunteer. Here are some comments from recent clients:

“My attorney… was so kind (and) concerned….He explained everything to me… understood what I need(ed) and why….I could not have had a better person to help me.”

“The Volunteer Lawyers Program is a wonderful program. I highly recommend it to others. The lawyer was very helpful. He answered all my questions (and) made sure I understood.”

We hope to see you at an upcoming clinic!

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MEMBER SPOTLIGHT

BEN FORD

It Takes a Little to be Big: Ben Ford’s

Experience as a Big Brother

For Little Brother Timarcus and Big Brother Ben Ford, an attorney with Armbrecht Jackson, LLP, spending time together comes naturally. The two have been matched for more than six years and have done everything from trick-or-treating to Mardi Gras parades and bike riding together.

Although Timarcus said he values their various outings together, he admits his favorite pastime with Ben is to simply have a conversation. “I just like the fact that I can be very open and talk to him and he listens,” he said. “He answers me in a way that he knows that I understand and never judges me. He really accepts me for who I am, and he has never asked me to change.”

Katrina Evans, who serves as the Match Specialist for the duo, can attest to their one-of-a-kind relationship. “Kids don't need superheroes; they need someone to take the time to understand them and see the potential that is not so obvious sometimes,” she said. “Ben took the time to not only understand Timarcus but to create a safe space for him to figure out that it's okay to be your unique self.”

According to both Ben and Timarcus, their relationship - which has spanned the course of elementary school, middle school, COVID-19 and now high school - is one they do not take for granted.

“Timarcus is an intelligent, successful young man with a bright future. While I cannot be certain, I tend to think that I have contributed to that, and that makes me proud. It also makes me feel a bit guilty, too, because I have done nothing extraordinary. On the contrary, I have barely lifted a finger,” Ben said. “That is the beauty of BBBS. So little is required. I tell prospective Bigs that BBBS has to be the most striking example of a “small investment, big return” scenario there is. I cannot emphasize that enough. Show up + spend time = kids improve. I will continue to support Timarcus and be there for him for so long as he needs me. And, honestly, I hope he will always need me.”

Big Brothers Big Sisters of the Central Gulf Coast (BBBSCGC) is the largest one-to-one mentoring organization in south Alabama and Mississippi, serving more than 600 children and 1,800 people annually across seven counties. Its mission is to create and support one-to-one mentoring relationships that ignite the power and promise of youth. The group enlists adult volunteers, “Bigs,” and match them with “Littles,” children between the ages of six and 15 who would benefit the most from having a Big. The purpose of the BBBS program is to give children a caring and supportive adult mentor who has been thoroughly screened and trained and who will guide them to success, hold them accountable, and help them reach their full potential.

See more of their story here: https://youtu.be/N1jdImh_KfA?si=b39fmUQz9UpLo0hf

Visit centralgulfbbbs.org or email Kelly at kelly@centralgulfbbbs.org to learn how you can get involved today!

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The following applicants applied and were approved for membership by the Mobile Bar Association Executive Committee. They were welcomed into the Mobile Bar Association on Friday, August 9, 2024.

ACTIVE MEMBERSHIP

• Robert A. Arnwine, graduated from the University of Alabama School of Law in 2008, admitted to the Alabama State Bar in 2009, and is employed with Morgan & Morgan Alabama, PLLC.
• Melvin H. Dixon, Jr., graduated from Jones School of Law in 2023, admitted to the Alabama State Bar in 2023, and is employed with Dixon, Moreno, & Associates, PLLC.
• LaSheryl Dotch, graduated from Jones School of Law in 2015, admitted to the Alabama State Bar in 2017, and is employed with The Esquiress LLC.
• Luke Kiszla, graduated from the University of Alabama School of Law in 2018, admitted to the Alabama State Bar in 2018, and is employed with Mobile Baykeeper.
• Laurel Hinote Thorpe, graduated from the University of Houston Law Center in 2008, admitted to the Alabama State Bar in 2008, and is employed with Hand Arendall Harrison Sale.
• Spencer E. Walker, graduated from Cumberland School of Law in 2016, admitted to the Alabama State Bar in 2016, and is employed with Hand Arendall Harrison Sale.

Are you and/or your legal assistant in need of a Government Plaza ID Badge? If the answer is “YES," then the Mobile Bar Association is your first stop to acquire your ID Badge. Each badge is $50. For more information, please contact the Mobile Bar Association by phone at 251-433-9790 or email at info@mobilebarassociation.com to start the process.

Hand Arendall Harrison Sale is happy to announce Spencer Walker has joined the firm’s Mobile office. He can be reached by phone at 251-432-5511 or by email at swalker@handfirm.com.

Outside Chief Legal LLC is delighted to announce the addition of attorney Ben Kilborn to its legal team. He can be reached by phone at 877-917-5656 or by email at bkilborn@outsidechieflegal.com.

Outside Chief Legal LLC is delighted to announce the addition of attorney William (Bill) Lancaster to its legal team. He can be reached by phone at 877-917-5656 or by email at blancaster@outsidechieflegal.com.

Outside Chief Legal LLC (OCL) is excited to announce the firm has moved to a new location in the heart of Downtown Mobile located at 56 S. Conception Street, Mobile, AL 36602.

Josh Briskman of Briskman Law Firm announces he will be relocating his office as of September 1, 2024. The new location is 150 Government Street, Suite 1004, Mobile, AL 36602. The new phone number is 251-486-1298 and new email address is law@briskmanlawfirm.com.

Armbrecht Jackson LLP is proud to announce that 14 of its attorneys have been named in The Best Lawyers in America 2025: Clifford C. Brady, Scott G. Brown, Gregory P. Bru, Edward A. Dean, Tamela E. Esham, Benjamin Y. Ford, Duane A. Graham, M. Kathleen Miller, Mark A. Newell, Thomas P. Oldweiler, Steven C. Pearson, Bryan D. Smith, J. Robert Turnipseed, and Norman E. Waldrop, Jr. Also, David D. Anthony was named to The Best Lawyers in America: Ones to Watch list.

Cunningham Bounds is pleased to announce that nine of its attorneys have been named to the 2024 Lawdragon 500 Leading Plaintiff Consumer Lawyers list: Dave Wirtes, Toby Brown, Skip Finkbohner, Steve Nicholas, Glenn Kushel, David Cain, Billy Bonner, Robert Mitchell, and Lucy Tufts.

For Sale: Historic building in immediate proximity to Government Plaza and courts at 205 Church Street. The building dates back to 1844 and is an ideal location for a law firm. 

Please contact Jeremy Milling at 251-421-0919 or Jeremy@Millingre.com for further information.

For Sale: Law office building for sale and available on Monday, September 16, 2024. The address is 1250 Dauphin Street. The building has 2,955 +/- square feet, on-site parking, and Historic Development Commission plaque. For more information, contact Joe Thetford at jt@thetfordlegal.com.

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On Thursday, August 22, 2024, the Mobile Bar Foundation celebrated its 30th anniversary fundraiser. There was a great crowd, silent auction, and the speaker was Sports Prognosticator Danny Sheridan sharing his predictions on the upcoming college and professional football season.

A special thank you to the sponsors listed below for sponsoring the event. Also, thank you to the Mobile County lawyers and judges for their continued support in helping the Mobile Bar Foundation make a measurable impact in our community.

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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.

Presented by Lexus of Mobile / Springhill Toyota, the inaugural Mobile County District Attorney's Office Foundation "FORE!" Justice Golf Classic will take place Thursday, September 19, 2024, at Robert Trent Jones Magnolia Grove! Breakfast and Lunch included, Raffle Items, Door Prizes, Putting Contest, Longest Drive, Closest to the Pin - and much more! Team Registration and Sponsorship Opportunities are attached and can be found here: https://www.ticketsignup.io/TicketEvent/MCDAGolfClassic

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Listed below are members who celebrate a birthday in September:

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STAY CONNECTED