PUBLISHED BY THE ALABAMA STATE BAR€¦ · book was her memoir. Repeatedly in the book she references her belongings being in garbage bags for a move. She re - ferred to feeling as

D E C E M B E R 2 0 1 6

Adoption of the Alabama Rules for Expedited Civil ActionsThe Alabama Supreme Court has adopted the Alabama Rules for Expedited Civil Actions. These rules are effective January 1, 2017. The

order adopting these rules appears in an advance sheet of Southern Reporter dated on or about October 27, 2016. The Alabama Rules forExpedited Civil Actions were drafted in response to Act No. 2012-492, Ala. Acts 2012, codified at § 6-1-3, Ala. Code 1975. The rules create avoluntary process intended to promote the just and efficient determination of the cases to which they apply: Civil actions in the circuitcourt where the damages, inclusive of interest, costs, and attorney fees, do not exceed $50,000. The rules do not apply to actions involv-ing: (1) domestic relations or family law, (2) real-property law, (3) tax law, (4) workers’ compensation claims and (5) claims as to which nomoney damages are sought. The text of these rules can be found at http://www.judicial.alabama.gov, “Quick links–Rule changes.”

–Bilee Cauley, reporter of decisions, Alabama Appellate Courts

IN THIS ISSUE:> Adoption of the Alabama Rules for Expedited Civil

Actions> Cole’s Corner> Rondi Mosteller and DHR Helping Families> Suitcases Can “Lighten the Load” for a Foster Child> Statewide Survey of Attorneys> Helping Families with Special Needs Children> Willow, the Wonder Dog> Retreat Brings Together Local and State Bar Leaders> 2017 Leadership Forum> Important Notices> Judge Tammy Montgomery: Inaugural Recipient of

Susan Bevill Livingston Award> Member Benefits Spotlight> Bar Commissioners Highlights

ADDENDUMP U B L I S H E D B Y T H E A L A B A M A S T A T E B A R

2 ADDENDUM | DECEMBER 2016

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You have been a district and ju-venile court judge since 2009.What has been the most satisfy-ing part of your job, and themost surprising?

I was appointed district and juvenilecourt judge for the 36th Judicial Circuit,effective March 1, 2009, by GovernorBob Riley upon the retirement of theformer district judge. Pursuant to theCode, I had to be on the ballot in thenext election cycle. I ran in November2010 and was elected, and was verygrateful to be unopposed this year.

I would definitely say one of the mostsatisfying parts of my job is doing theadoptions of foster children. That is oneday when everyone is happy. We have al-ready been through the dependency partof the case and often a very hard-foughttermination of parental rights. Those partsof the case are very hard on everyone.When those are over and the necessarytime has passed, the adoptions are filed. Ihave had adoptions where it appearedthe entire extended family came to court.

I used to be hesitant to be in the pic-tures, but now I realize how important itis to the adoptive family to record thatday. Adoption day is for adoptive parentswhat delivery day is for biological par-ents. As we know, parents are parents.

I must add that another rewardingpart is when I work with people who areaddicted to drugs and successfully com-plete a rehabilitation program and re-main clean. When you can see themgain weight and re-establish relation-ships that have been broken for years, itis rewarding. These people are also themost thankful. When you see them ortheir family out in public, they do nothesitate to say that you are the one wholet them, their son, daughter, etc. go torehab. They might also add, “[S]he madehim sit in jail a while before she let himgo. That was the best part–she gave himtime to get his head straight.”

The most surprising thing is truly howwell people respond to my no-nonsensestyle of court. When I became a judge, Itried to remember all those times as alawyer that I thought, “If I ever become ajudge . . . .” I feel like I run a pretty tightship and I think most appreciate it.

We all have sickness and death fromtime to time and that is totally under-standable, but I also try to consider thatI have a hundred people who appearedfor court (by missing work) because awarrant would issue if they did not, so ifI have a sniffle or minor pain, I don’tthink that should close us down.

I do not like continuances for continu-ances sake. I try to resolve all the cases

> C O L E ’ S C O R N E R

Judge Angela Dawson Terry: Protecting the Most VulnerableBy J. Cole Portis, president, Alabama State Bar

In the last issue of theAddendum, President Portis talkedto Legal Services Alabama BoardMember LaVeeda Battle about herbackground and how she becameinvolved in “Access to Justice” forthe citizens of Alabama.In this issue, the author had a

chance to meet with District andJuvenile Court Judge AngelaDawson Terry of the 36th JudicialCircuit in Moulton about her path tothe bench and her experience withthe foster care system in the state.Cole and Joy Portis have served asfoster parents for more than sixyears. They feel blessed to be able tocare and advocate for vulnerablechildren in Alabama. Their chal-lenge to lawyers, who understandthe importance of charity to thosewho need it most, is to be engagedon the front lines of this battle tocare for children who have beenabandoned and orphaned.

ADDENDUM | DECEMBER 2016 3

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that are in a particular setting. I havewhat I consider a pretty normal dresscode, but if you violate it, you are putout of the courtroom until you find suffi-cient clothing or covering. If you havean outburst in court, you have to serveat least 24 hours in jail for contempt.The things that I thought might seal myfate as a “has been” have served to formhow people see me as their judge. Thathas truly been surprising.

As part of your position, youwork with DHR, guardians forchildren and lawyers for inter-ested family members once achild is taken into care by DHR.Why should lawyers who do notpractice in this area of the lawcare about the wellbeing ofthese children?

I regrettably did not practice in thisarea of law with much frequency priorto becoming the district court judge. Idid a lot of domestic relations work, butthat is a totally different animal. In myopinion, the dependency cases are thehardest, both mentally and legally. Theattorneys for the parents often havevery little or nothing with which to workwith. The guardians ad litem knoweverything about the children and,often, that is very tough.

I often tell my lawyers that juvenilecourt is not where you get rich. Many

other areas of law will provide a betterliving, but no other area will stretchthem in their ability and emotions asmuch as juvenile court. Having juvenilecourt as part of one’s practice will makethem a better lawyer in all other areas. Isee hard-fought advocacy in juvenilecourt on a regular basis. I have hadguardians ad litem really press their po-sition with the court because they areadvocating so hard for a child.

Lawyers should care about the fosterchildren because it is a moral, as well as aprofessional, obligation. These childrendeserve every opportunity. They deservethe best attorneys possible. Withoutgoing into statistics of how abused andneglected children often grow to betroubled adults, anyone who does crimi-nal defense work at the higher felonylevel always wants a history of the per-son for mitigation purposes. So muchheartache could be avoided for both thechildren and society if all of our childrenwere properly cared for.

How can our state bar membershelp foster children?

The lawyers in our state can help fosterchildren in many ways. One very goodway would be to attend the training tobecome a certified guardian ad litem.That would give them a very good feel ofthe work and they could determine if it isan area they would like to explore.

They could check with their presidingjuvenile court judges to see if theycould use additional lawyers to repre-sent the parents in the dependencycases. Contrary to popular belief,lawyers are still among the most re-spected people in our state.

If lawyers would advocate for projectssuch as the SuitGrace Initiative, theyhave a very broad reach.

Lawyers are the leaders in their com-munities, churches and civic organiza-tions. They can raise awareness for thesechildren. I learned quickly that peoplewant to help, but in this area they arehesitant because most people assumethe foster children are “taken care of.”When asked how, they cannot answer.

What is the “SuitGrace Initiative”and how has the program affected foster children inLawrence County?

The “SuitGrace Initiative” has beenone of the most rewarding projects ofmy legal career. It is a project to provideage-appropriate luggage with suitablepersonal items and “luxuries” for eachfoster child in our county.

I first started thinking of this projectwhen I attended a conference in thespring of 2015. It was at that conferencethat I was shown the book Three LittleWords by Ashley Rhodes Courter. She wasa former foster child in Florida and thebook was her memoir. Repeatedly in thebook she references her belongingsbeing in garbage bags for a move. She re-ferred to feeling as useless as the items inthe bag. Later in 2015, I was on a panel fora conference and had the opportunity toquestion two ladies in their mid-20s whohad aged out of the foster system inJefferson County. I asked them if a suit-case would have meant very much tothem. My thinking was we do not need toexpend time, energy and resources onthis if it is not consequential to the actualfoster child. One told me she still had thesuitcase and matching cosmetic bag shereceived when she was 13. They con-firmed my thoughts that somehow these

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suitcases add much needed self-esteemand worth to the situation.

The Lawrence County Children’s PolicyCouncil approved the project at ourSeptember meeting. At that time, we had25 foster children in Lawrence County. Acommittee was comprised of Dr. JerryArmor, director of the Policy Council;Corey Williams, director of the LawrenceCounty Department of Human Resources;Shannon Cassidy, a representative fromMental Health; Karen Lang, chief juvenileprobation officer; and StephenBennefield, pastor of the First UnitedMethodist Church in Moulton.

We estimated that $50 per childwould cover the bag and the personalitems to be included. Within a month,we had bags, contributions and com-mitments for all 25 children. Some do-nated the suitcases. Some gave $50.Some took a particular child to providethe bag. Some of the children’s lawyersbecame their suitcase sponsors.

We were interviewed by the localnewspaper, which gave us great public-ity. I spoke to every organization andchurch that requested I come speak. Iwent as a representative of the Policy

Council with the statistics and informa-tion I had on foster care in general andLawrence County foster children in par-ticular. As anyone who works with thefoster system knows, it is fluid. Since ouroriginal list, we have added a teenageboy and an infant girl and had one re-leased from custody to go into statemental health custody.

Our Policy Council was incorporatedas a non-profit in 2012, so it was in anexcellent position to be the umbrella forthis project. As the juvenile court dealswith children otherwise before thecourt, a children’s policy council is tobenefit all children within the particularcounty from 0-19 years of age.

Who is your role model and why?

My role model for my legal career hasbeen Atticus Finch. I know he has some-what fallen out of favor over the last yearor so, but the entire legal process waslaid bare in To Kill a Mockingbird. Anyonewho knows me knows that it is my fa-vorite book and my office bears witnessto this with my numerous copies, photo-graphs and other memorabilia.

Although Atticus was a lawyer, he canbe used as a role model for a judge. Wemust be true to the law and fair to

everyone who comes before us. Wemust stand for what is right, even if it isunpopular. I heard a current Justice ofthe United States Supreme Court saythat the cases that stay with him are theones where his heart goes one way andthe law requires a different result. Theseare by far the hardest cases, but wemust know that if we go with our heart,we would have inconsistent rulings andthe lawyers and litigants would neverknow how to approach their cases. Ihave issued many rulings where I wasnot very popular and, honestly, I did notlike my ruling (nor the winning party),but it was pursuant to the law and it was fair.

I find that people know that LadyJustice is to be blind, but they think onlyas to certain persons. In other words,the poor and downtrodden are to get afair day in court. I fully agree, but so arethe rich and arrogant. Blind is blind. Fairis fair. Atticus was good to the poor, themean, the dirty and the arrogant. I donot claim to have the calm demeanor ofAtticus, but over time, I feel I am devel-oping a judicial demeanor. I still doubtthat if someone spit in my face I wouldhave the fortitude to say I just wished hedid not chew tobacco. <

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I recently sent a letter to allmembers of the Alabama StateBar, letting you know that this isyour bar. In the letter were threeways to contact me:

> Click on the “Better Bar” banneron the home page at www.alabar.org;

> Send an email to me at [email protected]; and

> Call/text me at (334) 451-0856

I want to hear from you. I wantto hear the good and the bad. Iwant to hear praise. I want to hearcriticism. And, mostly, I want to lis-ten to your ideas about how wecan improve our bar!

–JCP

Let Me

Hearfrom You!

Since she was 12 years old, RondiMosteller knew she wanted to bean attorney. As an assistant attor-

ney general with the Department ofHuman Resources, a position she hasserved in for about three years,Mosteller found her calling. She mainlyworks in Montgomery, Autauga, Elmore,Lowndes, Dallas and Macon counties,but can be called to almost anywhere inthe state if needed. After graduatingfrom Thomas Goode Jones School ofLaw, she was in private practice beforeworking for the state. Mosteller lovesguardian ad litem work and has alwaysbeen drawn to children in need.

She sees her main focus with DHR ashelping families work through difficultsituations and serving others not as for-tunate as she. Mosteller is there for thechildren and helps to see what is best forthem in the long term. With reunificationbeing the ultimate goal, she is realistic inknowing that not every situation can re-sult in families remaining together.

The basics of what happens whenDHR “takes” children:

1. A call is made to an intake office toreport abuse or neglect.

2. For pickup, the child must be inimminent danger, and a petition isfiled.

3. A guardian ad litem is appointedimmediately upon a pickuporder’s being issued.

4. A shelter care hearing must beheld within 72 hours of pick up–nodays off for holidays or weekends.

5. An ISP (individual service plan) issuggested if the child is deemeddependent at the shelter carehearing. The ISP sets goals for thefamily and spells out what has tohappen to get DHR out of the pic-ture. The family is usually not ableto meet all the requirements of theISP within those first 30 days, sothe family has 11 months to workon meeting all the goals of the ISP.

6. An adjudicatory hearing is held toshow the dependency of the childto keep the child in the court’s ju-risdiction. There has to be no onewilling and able to care for thechild for the state to be able tokeep the child and place him orher in foster care.

Mosteller would prefer the time periodbe shortened, if permanency can bereached quicker so that the children arenot in the system so long. It takes peopleof courage and compassion, like RondiMosteller, to do the work necessary toprotect and watch over some of our mostvulnerable citizens. She says that the sys-tem works when we all work together.Then, every child will have a home. <

Amy M. Hampton practices with FullerHampton LLC in Alexander City.

> Rondi Mosteller andDHR Helping FamiliesBy Amy M. Hampton


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How important is a suitcase, re-ally? To the thousands of chil-dren in foster care in Alabama, a

suitcase means much more than youthink. It means something to call theirown, a place to put their sometimesmeager belongings for safekeeping andat least one constant thing in their life asthey move from place to place, until,hopefully, finally going home.

Stories of children arriving in fosterhomes at all hours of the day and nightwith the few possessions they had timeto grab stuffed in garbage bags or plas-tic grocery bags are the norm, not theexception. It is dehumanizing to stuffyour entire life into a trash bag.

The Juvenile Court contract attorneys inSt. Clair County decided it was time to dosomething to help our foster children out-side of the courtroom as well as inside ofit. Our project is called the “Lighten theLoad Campaign” and can be found onFacebook at https://www.facebook.com/LightentheLoad2016/. It was slow goingat first, but when the community learnedabout this project, we were humbled bythe response. We asked for donations ofnew, hard-sided, rolling luggage. The ini-tial goal was 99 pieces because that wasthe number of children in foster care in

St. Clair County at the time the projectbegan. We met that goal within a coupleof months and the project will continueindefinitely to serve those childrenbrought into care in the future.

I believe this is a simple, but importantway to provide these children with aphysical necessity and the knowledgethat their community cares about them.Every county bar can do this and we

would be delighted to help you getstarted. As attorneys, it is imperative thatwe assist those who need it most and Ican’t think of a more deserving group ofour attention than foster children. <

Jennifer A. Sellers of Pell City serves aspresident of the St. Clair County BarAssociation.

> SuitcasesCan“LightenThe Load”For aFosterChildBy Jennifer A. Sellers

Statewide Survey of Attorneys!The Alabama State Bar is collaborating with the Alabama Access to JusticeCommission and the Alabama’s five volunteer laywer programs to conduct astatewide survey of all Alabama attorneys. The purpose of the survey is toquantify and recognize the pro bono work done by attorneys, as well as tounderstand the factors that encourage or discourage pro bono service. Pleasebe on the lookout for the survey link which will be emailed in January.

Full pArticipAtion iS encourAged!


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Why Join? Expand your client base Benefit from our

marketing efforts Improve your bottom line

overvieW oF theprogrAm Referrals in all 67

counties Annual fee of $100 Maximum percentage fee

of $250 on fees between$1,000 and $5,000

Professional liability insurance required forparticipation

Sign me up!Download the applica-tion at www.alabar.org/membership/lawyer-referral-service/

or [email protected].

Join the ASBlawyer referralService

After hearing from Jesus that weshould love our neighbor as our-selves, an expert in the law

asked Jesus, “Who is my neighbor?”Jesus then told the story of the GoodSamaritan. As you may recall, aSamaritan, who was despised by theHebrews, was the hero of the storywhen he helped a man who had beenbeaten and left for dead on the side ofthe road. The Samaritan took care of theinjured man and paid his health carebill. How can we use this story to help ushelp our neighbor?

Families with special needs childrenneed our help as individuals and aslawyers. In addition to patience andkindness, what can we do to help thesefamilies?

When working on estate planning for afamily with a special needs child, the at-torney will want to review the currentwills/revocable trusts to ensure thatthere is a special needs trust (sometimesreferred to as a “supplemental needstrust”) in place for the child’s lifetime. Thepurpose in having such a trust is for thechild to continue to be eligible for needs-based governmental and charitable as-sistance and have the trust assets usedonly to pay expenses that would not bepaid by the needs-based resources.Otherwise, the trust could be treated as a

resource. An alternative to having a sepa-rate trust for the child would be to usethe Alabama Family Trust (www.alabamafamilytrust.com), a non-profit pooledtrust. Parents should consider whoshould be named as guardian for theirspecial needs child. Well-draftedAdvance Directives for Health Care andPowers of Attorney will also be a part ofthe mix. Rounding out the estate plan-ning, attorneys should work with theirclients to ensure that the clients haveproperly completed the beneficiary des-ignations for their retirement accountsand life insurance so that these assetswill not pass outright to a special needschild. Attorneys should consider the so-called “trust rules” and income tax conse-quences when retirement benefits arepayable to a trust. Parents may also wantto consider obtaining long-term care in-surance for themselves. Depending onthe situation, the special needs individualmay need to execute their own estateplanning documents.

Providing high quality legal servicesin a caring manner can save familieswith special needs children the hassleand heartache of dealing with lost re-sources. You can help our neighbors. <

Joseph K. Beach practices with SunTrustPrivate Wealth Management in Atlanta.

> Helping Families withSpecial Needs ChildrenBy Joseph K. Beach


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by Canine Companions forIndependence (CCI). CCI is a service dogorganization accredited by AssistanceDogs International. Willow trained fortwo years, knows approximately 40commands and is valued at $50,000. CCIprovided Martin with two weeks of in-tensive training at their campus inOrlando prior to Martin’s working withWillow. As a result, Martin and Willowwere certified as a facility dog team.

Courthouse facility dogs, such asWillow, are there to assist the court inrendering justice with compassion andto provide emotional support to every-one in the justice system. Willow is avail-able for use with any victim and/orwitness regardless of the type of case(criminal or civil) where her presencewould facilitate the fact-finding process.

If you are interested in using Willow orwould like more information, you cancontact Martin at (334) 312-5801 [email protected]. <

Brooke Marshall practices with CB&I inThe Woodlands, Texas.Ayoung girl recently told her new

teacher, “I just want to tellWillow how much she has

helped me.” Willow, a black Labrador-Golden Retriever mix, greeted thisyoung girl when she arrived at ChildProtect Children’s Advocacy Center inMontgomery after the girl was removedfrom her home due to severe abuse andneglect. Willow stood alongside the girlwhen she went for her medical exam.Additionally, Willow played cards bypicking them up off the floor, used hernose to turn the pages of a book andengaged the girl in activities while shewaited for her exam, and Willow eagerlyawaited the girl’s return when the examwas complete.

Willow is a facility dog that works withTamara Martin, a volunteer victim advo-cate in Alabama. Willow was placed withMartin in May 2014 as a CourthouseDog.® Although Willow was trained as aservice dog, she was placed in anagency setting; therefore, she is referredto as a facility dog. Today, Willow hasworked in all phases of the court systemfrom preliminary hearings to sentenc-ings and usually works with 35-40 vic-tims and family members a month.

Willow assists victims and witnessesby lying quietly at their feet while testi-fying in court and grand jury proceed-ings or by accompanying childrenduring forensic interviews and counsel-ing sessions. Willow was bred and raised

> Willow, the Wonder DogBy Brooke Marshall

Willow


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The ASB Local Bar Task Forcechaired by Gibson Vance recentlyhosted its inaugural Local Bar

Retreat in Montgomery on October 27-28. The purpose of the task force is toreach out to local bar associations, in-cluding local minority bars, andstrengthen relationships with these con-stituent groups. As part of its plan of ac-tion, the task force continues to visit localbars to acquaint them with the benefitsof membership and to understand theirconcerns for improvement of our statebar. The Local Bar Retreat advanced thesegoals and was part of President ColePortis’s “Better Bar Initiative,” an outreachto foster communication between themembers and the state bar.

Thirty-two local bar association lead-ers attended the event, and BobMethvin served as program chair. Theprogram kicked off with Acting ChiefJustice Lyn Stuart presenting on the

“State of the Judiciary.” Following theActing Chief Justice, distinguishedspeakers presented on various topics,including a legislative update, ethics lawupdate, diversity and member benefits.Cooper Shattuck, chair of the ExecutiveDirector Search Committee, gave an up-date on the search for the new execu-tive director. There were two interactivesessions, including a round table discus-sion and an open discussion with localleaders and members of the task force.Among the issues discussed were pro-fessionalism, lawyer advertising, thecost of health insurance and mentorshipof young lawyers.

The retreat was a rewarding experi-ence and provided valuable insight intothe current needs of bar members. <

Robert G. Methvin, Jr. practices withMcCallum, Methvin & Terrell PC inBirmingham.

> Retreat Brings TogetherLocal and State Bar LeadersBy Robert G. Methvin, Jr.

Lee County Circuit Clerk Mary Roberson asks a question after one of the sessions.

Fellow speakers Diandra Debrosse andOthni Lathram visit before the retreat starts.

Acting Chief Justice Lyn Stuart, presentingthe “State of the Judiciary”

It’s nice to have so many options!

Thank you very much for planning so

many family activities and making the

meeting so kid friendly. My whole

family had a blast.

All the meetings I attended were great. I enjoyed the subjects offered this year, and enjoyed networking as well.

This was my first time to attend and I brought my whole family.

We have a 3-year old and a 1-year old. We found the whole event very family friendly! Big relief!

Overall, the conference was excellent, well organized, quality speakers and panels and plenty of networking opportunities.

•EVENT SPEC IAL•

ABA Foundation Fellows Dinner

July 13, 2017

Speaker: Dr. Wayne Flynt,Alabama historian

2017ASB Annual

MeetingThe Grand Hotel MarriottResort Golf Club & SpaPoint Clear, Alabama

July 12-15, 2017


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Cassandra W. Adams, Cumberland School of Law, Birmingham

C. Jason Avery, Bradley Arant Boult Cummings LLP, Birmingham

Rachel V. Barlotta, Baker Donelson Bearman Caldwell & Berkowitz PC, Birmingham

Charlie G. Baxley, Hoar Holdings LLC, Birmingham

Valerie J. Brown, Valerie Brown Law LLC, Huntsville

Pooja Chawla, Pooja Chawla PC, Bessemer

R. Patrick Chesnut, Ables, Baxter & Parker PC, Athens

Maggie J. Cornelius, Bradley Arant Boult Cummings LLP, Birmingham

Krystal L. Drummond, Drummond Company, Vestavia

William M. Espy, Melton, Espy & Williams PC, Montgomery

John J. Geer, III, U.S. Attorney’s Office–MDAL, Montgomery

Susan N. Han, Nettles Han Law LLC, Birmingham

Alison D. Hawthorne, Beasley Allen Crow Methvin Portis & Miles PC, Montgomery

Jonathan C. Hill, Bradley Arant Boult Cummings LLP, Montgomery

Michael P. Huff, Maynard Cooper & Gale PC, Huntsville

Jason S. Isbell, Alabama Bankers Association Inc., Montgomery

Amy C. Marshall, Marshall Law LLC, Enterprise

Cheryl H. Oswalt, Sirote & Permutt, Birmingham

Joshua K. Payne, Spotswood Sansom & Sansbury LLC, Birmingham

Ashley N. Penhale, Copeland Franco Screws & Gill PA, Montgomery

Kandice E. Pickett, State of Alabama, Tuscaloosa

Leanna B. Pittard, Blasingame Burch Garrard & Ashley PC, Birmingham

Daniel F. Pruet, Daniel F. Pruet Attorney at Law, Tuscaloosa

Brandy L. Robertson, Heninger Garrison Davis LLC, Birmingham

Adam L. Sanders, Samford & Denson LLP, Opelika

W. Allen Sheehan, Capell & Howard PC, Montgomery

Kristin W. Sullivan, Massey, Stotser & Nichols PC, Birmingham

Jason B. Tompkins, Balch & Bingham LLP, Birmingham

J. Reed Williams, Hyundai Motor Manufacturing Alabama LLC, Montgomery

Soo Seok Yang, Beasley Allen Crow Methvin Portis & Miles PC, Montgomery

Congratulations to the 2017Leadership Forum Class!


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Hire aPrivate Judgeto Hear Any Case in DomesticRelations, Contract, Tort or

Combination of Contract/Tort

FAST • EASY • QUALIFIED,RETIRED ALABAMA CIRCUITJUDGES • APPEALABLE

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Hon. J. Scott [email protected]

(205) 214-7320

> I M P O R T A N T N O T I C E S

Notice of Election and Electronic Balloting

Notice is given here pursuant to theAlabama State Bar Rules GoverningElection and Selection of President-electand Board of Bar Commissioners that theelection of these officers will be held be-ginning Monday, May 15, 2017 and end-ing Friday, May 19, 2017.

On the third Monday in May (May 15,2017), members will be notified by emailwith a link to an electronic ballot.Members who wish to vote by paper bal-lot should notify the secretary in writingon or before the first Friday in May (May5, 2017) requesting a paper ballot. A sin-gle written request will be sufficient forall elections, including run-offs and con-tested president-elect races during thiselection cycle. All ballots (paper andelectronic) must be voted and receivedby the Alabama State Bar by 5 p.m. onthe Friday (May 19, 2017) immediatelyfollowing the opening of the election.

� nomination and election ofpresident-elect

Candidates for the office of president-elect shall be members in good stand-ing of the Alabama State Bar as ofFebruary 1, 2017 and shall possess a cur-rent privilege license or special mem-bership. Candidates must be nominatedby petition of at least 25 Alabama StateBar members in good standing. Suchpetitions must be filed with the secre-tary of the Alabama State Bar no laterthan 5 p.m. on February 1, 2017.

� nomination and election ofBoard of Bar commissioners

Bar commissioners will be elected bythose lawyers with their principal officesin the following circuits:

8th Judicial Circuit10th Judicial Circuit, Place 410th Judicial Circuit, Place 710th Judicial Circuit, Bessemer Cutoff11th Judicial Circuit13th Judicial Circuit, Place 113th Judicial Circuit, Place 515th Judicial Circuit, Place 517th Judicial Circuit18th Judicial Circuit, Place 118th Judicial Circuit, Place 319th Judicial Circuit21st Judicial Circuit22nd Judicial Circuit23rd Judicial Circuit, Place 128th Judicial Circuit, Place 230th Judicial Circuit31st Judicial Circuit33rd Judicial Circuit34th Judicial Circuit35th Judicial Circuit36th Judicial Circuit40th Judicial Circuit41st Judicial Circuit

Additional commissioners will beelected for each 300 members of thestate bar with principal offices therein.New commissioner positions for theseand the remaining circuits will be deter-mined by a census on March 1, 2017and vacancies certified by the secretaryno later than March 15, 2017. All termswill be for three years.

A candidate for commissioner may benominated by petition bearing the signa-tures of five members in good standingwith principal offices in the circuit inwhich the election will be held or by thecandidate’s written declaration of candi-dacy. nomination forms and/or declara-tions of candidacy must be received bythe secretary no later than 5 p.m. onthe last Friday in April (April 28, 2017).



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> I M P O R T A N T N O T I C E S (Continued from page 11)

� election of At-largecommissioners

At-large commissioners will be electedfor the following place numbers: 3, 6 and9. petitions for these positions, whichare elected by the Board of Bar com-missioners, are due by April 1, 2017.

� Submission of nominations

Nomination forms, declaration of can-didacy forms and applications for at-large commissioner positions must besubmitted by the appropriate deadlineand sent to the secretary as follows:

Keith B. Norman SecretaryAlabama State BarP.O. Box 671Montgomery 36101

These forms may also be emailed [email protected] or faxed to (334)261-6310.

It is the candidate’s responsibility toensure the secretary receives the nomi-nation form by the deadline.

Election rules and petitions for all po-sitions are available at www.alabar.org.

Amendment of AlabamaRules of AppellateProcedure and AlabamaRules of DisciplinaryProcedure

In two separate orders, the AlabamaSupreme Court has amended Rule 2(c)and Rule 3(c) and adopted Rule 28A andRule 28B, Alabama Rules of AppellateProcedure, and has amended Rule 8(a) and(b), Rule 10(a) and (b), Rule 17(f), Rule 18,Rule 26(h)(2), Rule 28(e), and Appendix A,Alabama Rules of Disciplinary Procedure.The amendment of these rules is effectiveJanuary 1, 2017. The order amending Rule2(c) and Rule 3(c) and adopting Rule 28A

and Rule 28B, Alabama Rules of AppellateProcedure, and the order amending Rule8(a) and (b), Rule 10(a) and (b), Rule 17(f),Rule 18, Rule 26(h)(2), Rule 28(e), andAppendix A, Alabama Rules of DisciplinaryProcedure, appear in an advance sheet ofSouthern Reporter dated on or aboutOctober 27, 2016.Alabama Rules of Appellate Procedure:

The amendment to Rule 3(c) providesthat the notice of appeal shall specify allparties to the appeal and prohibits theuse of “etc.” or “et al.” to designate multi-ple parties. Rule 28A provides for supple-mental briefs on return to remand andprovides a briefing schedule and lengthrestrictions for such briefs, and Rule 28Bprovides a method for citing new author-ity after a brief has been filed.Alabama Rules of Disciplinary Procedure:

The amendments to Rule 8(a) and (b)clarify that a suspended or disbarred at-torney remains suspended or disbarreduntil the attorney has been reinstated.The amendment to Rule 10(a) providesfor the payment of $300 with the affi-davit filed in response to a notice of non-compliance with MCLE requirements.

The text of these amendments can befound at http://www.judicial.alabama.gov,“Quick links–Rule changes.”–Bilee Cauley, reporter of decisions,

Alabama Appellate Courts

Notice of and OpportunityFor Comment onAmendments to theRules of the U.S. Court ofAppeals for the EleventhCircuit

Pursuant to 28 U.S.C. § 2071(b), noticeand opportunity for comment is herebygiven of proposed amendments to theRules of the U.S. Court of Appeals for theEleventh Circuit. The public comment

period is from December 5, 2016 toJanuary 9, 2017.

A copy of the proposed amendmentsmay be obtained on and after December5, 2016 at http://www.ca11.uscourts.gov/rules/proposed-revisions. A copy may alsobe obtained without charge from theOffice of the Clerk, U.S. Court of Appealsfor the Eleventh Circuit, 56 Forsyth St., NW,Atlanta 30303 (phone 404-335-6100).Comments on the proposed amendmentsmay be submitted in writing to the Clerkat the above address, or electronically athttp://www.ca11.uscourts.gov/rules/proposed-revisions, by January 9, 2017.

ASB Women’s Section–Request for Nominations

The Women’s Section of the AlabamaState Bar is accepting nominations forthe following awards:

� Maud McLure Kelly Award

This award is named for the firstwoman admitted to practice law inAlabama and is presented each year to afemale attorney who has made a lastingimpact on the legal profession and whohas been a great pioneer and leader inAlabama. The Women’s Section is hon-ored to present an award named after awoman whose commitment to women’srights was and continues to be an inspi-ration for all women in the state.Previous recipients include Justice JanieShores (ret.), Miss Alice Lee, Miss NinaMiglionico, Judge Phyllis Nesbitt, MahalaAshley Dickerson, Dean Camille Cook,Jane Dishuck, Louise Turner, FrankieFields Smith, Sara Dominick Clark, CarolJean Smith, Marjorie Fine Knowles, MaryLee Stapp, Ernestine Sapp, Judge CarylPrivett (ret.) and Judge Sharon G. Yates(ret.). The award will be presented at theMaud McLure Kelly Luncheon at the2017 State Bar Annual Meeting.


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� Susan Bevill LivingstonLeadership Award

This is the second year to solicit nomi-nations for this new award for theWomen’s Section in memory of SusanBevill Livingston who practiced at Balch &Bingham. The recipient of this award mustdemonstrate a continual commitment tothose around her as a mentor, sustainedlevel of leadership throughout her careerand commitment to her community inwhich she practices, such as, but not lim-ited to, bar-related activities, communityservice and/or activities which benefitwomen in the legal field and/or in hercommunity. The candidate must be orhave been in good standing with theAlabama State Bar and have at least 10years of cumulative practice in the field oflaw. This award may be given posthu-mously. This award will be presented at aspecial reception. Judge TammyMontgomery is the 2016 award recipient.

� The submission deadline isFebruary 15, 2017.

Please email your nominations toAllison Skinner, chair of the Women’sSection, at [email protected]. Yoursubmission should include the candi-date’s name and contact information,the candidate’s current CV and any let-ters of recommendations. If a nomina-tion intends to use letters ofrecommendation previously submittedin 2016, please note your intentions.

Alabama Lawyers’ Hall of Fame

May is traditionally the month whennew members are inducted into theAlabama Lawyers’ Hall of Fame which islocated at the state judicial building. Theidea for a hall of fame first appeared inthe year 2000 when Montgomery attor-ney Terry Brown wrote state bar

President Sam Rumore with a proposalthat the former supreme court building,adjacent to the state bar building andvacant at that time, should be turnedinto a museum memorializing the manygreat lawyers in the history of the stateof Alabama.

The implementation of the idea of anAlabama Lawyers’ Hall of Fame origi-nated during the term of state barPresident Fred Gray. He appointed a taskforce to study the concept, set up guide-lines and then provide a recommenda-tion to the Board of Bar Commissioners.The committee report was approved in2003 and the first induction took placefor the year 2004. Since then, 55 lawyershave become members of the hall offame. The five newest members were in-ducted May 6, 2016.

A 12-member selection committeeconsisting of the immediate past-presi-dent of the Alabama State Bar, a memberappointed by the chief justice, one mem-ber appointed by each of the three pre-siding federal district court judges ofAlabama, four members appointed bythe Board of Bar Commissioners, the di-rector of the Alabama Department ofArchives and History, the chair of theAlabama Bench and Bar HistoricalSociety and the executive secretary ofthe Alabama State Bar meets annually toconsider the nominees and to make se-lections for induction.

Inductees to the Alabama Lawyers’Hall of Fame must have had a distin-guished career in the law. This could bedemonstrated through many differentforms of achievement–leadership, serv-ice, mentorship, political courage orprofessional success. Each inducteemust have been deceased at least twoyears at the time of their selection. Also,for each year at least one of the in-ductees must have been deceased a

minimum of 100 years to give duerecognition to historic figures as well asthe more recent lawyers of the state.

The selection committee actively so-licits suggestions from members of thebar and the general public for the nomi-nation of inductees. We need nomina-tions of historic figures as well aspresent-day lawyers for consideration.Great lawyers cannot be chosen if theyhave not been nominated. Nominationscan be made throughout the year bydownloading the nomination form fromthe bar’s website and submitting the re-quested information. Plaques commem-orating the inductees are located in thelower rotunda of the judicial buildingand profiles of all inductees are found atwww.alabar.org.

Download an application form athttps://www.alabar.org/assets/uploads/2016/09/ Lawyers-Hall-of-Fame-Nomination-Form-2017-fillable.pdf andmail the completed form to:

Sam RumoreAlabama Lawyers’ Hall of FameP.O. Box 671Montgomery, AL 36101

the deadline for submission ismarch 1, 2017.

Judicial Award of Meritthe Alabama State Bar Board of Bar

commissioners will receive nomina-tions for the state bar’s Judicial Awardof merit through march 15, 2017.Nominations should be mailed to:

Keith B. NormanBoard of Bar CommissionersP.O. Box 671Montgomery, AL 36101-0671



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> I M P O R T A N T N O T I C E S (Continued from page 13)

The Judicial Award of Merit was estab-lished in 1987. The award is not neces-sarily an annual award. It must bepresented to a judge who is not retired,whether state or federal court, trial orappellate, who is determined to havecontributed significantly to the adminis-tration of justice in Alabama. The recipi-ent is presented with a crystal gavelbearing the state bar seal and the yearof presentation.

Nominations are considered by athree-member committee appointed bythe president of the state bar, whichthen makes a recommendation to theboard of bar commissioners with re-spect to a nominee or whether theaward should be presented in any givenyear.

Nominations should include a de-tailed biographical profile of the nomi-nee and a narrative outlining thesignificant contribution(s) the nomineehas made to the administration of jus-tice. Nominations may be supportedwith letters of endorsement.

Local Bar Award ofAchievement

Cole Portis, Alabama State Bar presi-dent, and the ASB Local Bar Task Forcewant you to apply this year! This awardrecognizes local bars for their outstand-ing contributions to their communities.Awards will be presented during theAlabama State Bar’s 2017 AnnualMeeting at the Grand Hotel MarriottResort in Point Clear.

Local bar associations compete forthese awards based on their size–large,medium or small.

The following criteria are used tojudge the applications:

• The degree of participation by theindividual bar in advancing pro-grams to benefit the community;

• The quality and extent of the im-pact of the bar’s participation onthe citizens in that community; and

• The degree of enhancements to thebar’s image in the community.

to be considered for this award,local bar associations must completeand submit an application by Friday,June 2, 2017. Applications may bedownloaded from www.alabar.org orobtained by contacting Mary FrancesGarner at (334) 269-1515 [email protected].

J. Anthony “Tony” McLainProfessionalism Award

The Board of Bar Commissioners of theAlabama State Bar will receive nomina-tions for the J. Anthony “Tony” McLainProfessionalism Award through April 15,2017. Nominations should be preparedon the appropriate nomination form avail-able at www.alabar.org and mailed to:

Keith B. NormanExecutive DirectorAlabama State BarP.O. Box 671Montgomery AL 36101

The purpose of the J. Anthony “Tony”McLain Professionalism Award is tohonor the leadership of Tony McLainand to encourage the emulation of hisdeep devotion to professionalism andservice to the Alabama State Bar by rec-ognizing outstanding, long-term anddistinguished service in the advance-ment of professionalism by living mem-bers of the Alabama State Bar.

Nominations are considered by a five-member committee which makes a rec-ommendation to the Board of BarCommissioners with respect to a nomi-nee or whether the award should bepresented in any given year.

William D. “Bill” Scruggs,Jr. Service To the BarAward

The Board of Bar Commissioners ofthe Alabama State Bar will receive nomi-nations for the William D. “Bill” Scruggs,Jr. Service to the Bar Award throughApril 15, 2017. Nominations should beprepared on the appropriate nomina-tion form available at www.alabar.organd mailed to:

Keith B. NormanExecutive DirectorAlabama State BarP.O. Box 671Montgomery AL 36101

The Bill Scruggs Service to the BarAward was established in 2002 to honorthe memory of and accomplishmentson behalf of the bar of former state barPresident Bill Scruggs. The award is notnecessarily an annual award. It must bepresented in recognition of outstandingand long-term service by living mem-bers of the bar of this state to theAlabama State Bar as an organization.

Nominations are considered by a five-member committee which makes a rec-ommendation to the Board of BarCommissioners with respect to a nomi-nee or whether the award should bepresented in any given year. <

You take care of yourclients, but…

who takescare of ?

Alabama lawyerAssistance program

For informationon the Alabama

Lawyer AssistanceProgram’s Free

and confidentialservices, call

(334) 224-6920.

The Women’s Section has awardedthe inaugural Susan BevillLivingston Leadership Award

(SBLLA) to Judge Tammy Montgomery.The SBLLA was created by the Women’sSection in memory of Susan BevillLivingston, who practiced at Balch &Bingham. The recipient of this award mustdemonstrate a continual commitment tothose around her as a mentor, a sustainedlevel of leadership throughout her careerand a commitment to the community inwhich she practices, and be in goodstanding with the Alabama Bar with atleast 10 years of practice in the field of law.

Judge Tammy Montgomery more thanmet the requirements for the award.Judge Montgomery created and chairsthe Children of the Village Network, anorganization that provides or supports afood bank, scholarship funds, assistanceto victims of domestic violence, a literacy

campaign, an anti-bullying campaignthrough the Fairy Tale Mock Trial, theFatal Vision program and a Brown Bagprogram for senior citizens.

Judge Montgomery’s commitment toher community, especially to youngpeople, and to the law was evident inthe many letters received from leadersin her community, and from those whohave been touched by JudgeMontgomery’s mentorship, leadershipand philanthropy. It was evident fromthe letters of nomination received onJudge Montgomery’s behalf that she is arespected, valued and loved member ofher community. However, an associateof Susan Livingston’s provided the high-est praise when she said, “Susan wouldhave loved her.”

A reception was held in JudgeMontgomery’s honor at Balch & Bingham’sBirmingham office in September. <

> Judge Tammy Montgomery:Inaugural Recipient of Susan BevillLivingston Leadership Award


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ABA TECHSHOWDiscounts Available

Each year, ABA TECHSHOW brings to-gether the most useful legal technologycontinuing legal education with thelargest expo of legal technology prod-ucts and services available anywhere,and an unparalleled opportunity to net-work with other lawyers and legal tech-nology experts. And, each year, theAlabama State Bar makes it easier andcheaper for its members to attend thiscan’t-miss conference by offering a discount.

Mark your calendar for March 15-18,2017 at the Hilton Chicago, and save$150 off the standard registration price.Register by the Early Bird deadline ofJanuary 30 and save an additional $200.Register at www.abatechshow.com anduse discount code EP1715.

EasySoft–Simplify LawPractice

A leading legal software provider formore than 30 years, EasySoft is com-posed of real estate closing and familylaw solutions for solo and small lawfirms. It is available in desktop or cloudversion, all for one affordable price peruser per month.

Thousands of attorneys nationwideuse EasySoft to save time and money, in-crease accuracy and remain compliant.

For more information, visit www.easysoft-usa.com or call (800) 905-7638.

Try the full version of EasySoft free for30 days, and receive a 20 percent dis-count when you sign up (offer applica-ble to new clients only). Be sure to usethe code ALABAR when ordering.

Get Found Online withLocalLawyers

Word-of-mouth referrals are still themost frequent way that lawyers get newclients, but once the client has beengiven your name, he or she usuallywants to check you out online beforecalling for an appointment. And, ifyou’re not online, or your website isn’t inthe first page of search engine results,that call may never come.

LocalLawyers.com is an Internet legalmarketing company, located inBirmingham, which develops city andstatewide lawyer and law firm profilewebsites with lawyer referral capabilitiesand a reputation discovery application.The Alabama State Bar has partneredwith LocalLawyers to provide all ASBmembers with a free, uniform, basic online legal directory listing. In addition,LocalLawyers.com’s Alabama City Networkprovides BirminghamLawyers.com,HuntsvilleLawyers.com, MontgomeryLawyers.com and MobileLawyers.com. Any lawyer whose address falls withinone of these municipalities is also entitled

to a free, basic city listing.In addition to the free listings, ASB

members may purchase extended profiles and other website design andmanagement services. Social mediamanagement is also available. For moreinformation contact Jan Walsh, founderand president, at (888) LAW-0520 [email protected].

Ship and Save up to 50Percent with UPS

Let ASB help improve your bottomline with competitive rates on UPS® ship-ping services. Save up to 34 percent*on a broad portfolio of shipping serv-ices including air, international, groundand freight services. Plus, get 50 per-cent* off UPS Next Day Air®, UPS NextDay Air Saver®, UPS Worldwide Express®

export, UPS Worldwide Saver® exportand UPS Worldwide Expedited® exportshipments for up to four weeks after youenroll.* You can receive these discountseven if you already have a UPS account.Remember, the more you ship, the moreyou can save with UPS. To enroll andstart saving, visit savewithups.com/asbor call 1-800-MEMBERS (800-636-2377), M-F, 8 a.m.–6 p.m. EST.

*Visit savewithups.com/asb for specificservices and discounts. See http://savewithups.com/0assets/charts/Group1.pdffor details on introductory program discounts. <

> M E M B E R B E N E F I T S S P O T L I G H T


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The approved minutes of theSeptember 16, 2016 Board of BarCommissioners Meeting are now avail-able at https://www.alabar.org/assets/uploads/2016/11/09162016-BoardMinutes.pdf.

The following are select highlightsfrom the October 28, 2016 Board of BarCommissioners Meeting:

Amendments to theRules GoverningAdmission to theAlabama State Bar

The board approved four proposedamendments to the Rules GoverningAdmission, including:

(1) Increasing the fee from $50 to $100for postponing the bar exam;

(2) Allowing the bar exam fee to be car-ried forward for one examination only;

(3) Increasing the “shelf life” of the Multi-State Professional ResponsibilityExam (MPRE) to 25 months; and

(4) Permitting a forfeiture of a bar exam

fee if a candidate is not approved bythe Character & Fitness Committeeand is unsuccessful or chooses not toappeal an adverse determination.

The board rejected a proposed amend-ment to remove the requirement that areciprocity candidate certify his/her inten-tion to conduct at least 75 percent of theirpractice in Alabama and have an office inthe state under Rule III (reciprocity).

MCLE Credit for ProBono Work

The board also approved a modificationof the MCLE Rules so that up to 3.0 hoursof MCLE credit can be awarded for probono service (1.0 hour of MCLE credit foreach 6.0 hours of pro bono service ren-dered through a volunteer lawyers pro-gram). Rule 3.9 of the MCLE Requirementsshall be amended as follows:

This requirement may be satisfiedthrough the provision of pro bono legalassistance exclusively through anApproved Pro Bono Provider. For pur-

poses of these rules, an Approved ProBono Provider is a not-for-profit legal aidorganization, bar, or court sponsoring apro bono program that is approved bythe Alabama State Bar as set forth in Rule6.6 of the Alabama Rules of ProfessionalConduct. The MCLE Commission shallaward one hour of MCLE credit for everysix hours of pro bono work completed fora maximum of three MCLE credits in a 12-month period running from October 1st

through September 30th. If less than 6hours of pro bono work is completed be-tween October 1st and September 30thof the reporting year, no MCLE credit shallbe awarded. On October 1 of each year,the Approved Pro Bono Providers shall re-port the name of each attorney whomeets these requirements to the MCLECommission along with the number ofhours of service. Self-reporting shall notbe permitted under this provision. Creditearned through this provision may not beused to complete a deficiency plan or tosatisfy requirements for reinstatement, re-activation or readmission. <

Addendum, official digital newsletter of the Alabama State Bar, is published six times a

year (December, February, April, June, August, October) by the Addendum Board of

Editors, P.O. Box 4156, Montgomery 36101-4156. Contributions from members are wel-

comed and encouraged. Views expressed are those of the authors, not necessarily those

of the board of editors, officers or board of bar commissioners of the ASB. Copyright 2016.

The Alabama State Bar. All rights reserved.

Short articles of general interest are al-ways welcomed from ASB members.All materials submitted for publicationin the Addendum are subject to editingfor style, space and content. Send sub-missions as Word documents to AllisonSkinner, editor, [email protected],or Margaret Murphy, managing editor,[email protected].

> B A R C O M M I S S I O N E R S H I G H L I G H T S

Happy Holidays from the Addendum Editorial Board

and the Alabama State Bar Staff!

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Documents

PUBLISHED BY THE ALABAMA STATE BAR€¦ · book was her memoir. Repeatedly in the book she references her belongings being in garbage bags for a move. She re - ferred to feeling as