pro bono: lending a helping hand - State Bar Of Georgia

1J U N E 2 0 0 0LEGISLATIVE WRAP-UP • SPRING MTG. • NEW CIVIL CASE FINDINGS FORM

pro bono: lendinga helping hand

2 G E O R G I A B A R J O U R N A L

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Editorial Board

WILLIAM WALL SAPP, Editor-in-Chief

JENNIFER M. DAVIS, Managing Editor

LYN K. ARMSTRONGERIKA C. BIRG

CHARLES M. CORK IIIO. WAYNE ELLERBEE

GEORGE W. FRYHOFER IIIMICHAEL JABLONSKI

ANNE R. JACOBSMICHELLE W. JOHNSON

SARAJANE N. LOVEW. FRAY MCCORMICK

CHARLES R. ADAMS III, A DVISORTHEODORE H. DAVIS JR., ADVISOR

Officers of the State Bar of Georgia(ex officio members)

RUDOLPH N. PATTERSON, MACONPresident

GEORGE E. MUNDY, CEDARTOWNPresident-elect

JAMES B. FRANKLIN , STATESBOROSecretary

JAMES B. DURHAM, BRUNSWICKTreasurer

WILLIAM E. CANNON JR., ALBANYImmediate Past President

JOSEPH W. DENT, ALBANYYLD President

KENDALL S. BUTTERWORTH, ATLANTAYLD President-elect

ROSS J. ADAMS, ATLANTAYLD Immediate Past President

Editors Emeritus • (ex officio members)

THEODORE H. DAVIS JR., 1997-1999L. BRETT LOCKWOOD, 1995-1997STEPHANIE B. MANIS, 1993-1995WILLIAM L. BOST JR., 1991-1993

CHARLES R. ADAMS III, 1989-1991L. DALE OWENS, 1987-1989

DONNA G. BARWICK, 1986-1987JAMES C. GAULDEN JR., 1985-1986JERRY B. BLACKSTOCK, 1984-1985STEVEN M. COLLINS, 1982-1984WALTER M. GRANT, 1979-1982STEPHEN E. RAVILLE , 1977-1979ROBERT H. WALLING , 1975-1977

Communications Committee

WILLIAM E. CANNON JR., ALBANYChairperson

DENNIS C. O’BRIEN, MARIETTAVice-Chairperson

Staff

JENNIFER M. DAVISDirector of Communications

NIKKI HETTINGERCommunications Coordinator

D. SCOTT MURRAYMARISA ANNE PAGNATTARO

AMELIA TOY RUDOLPHJOHN M. SIKES JR.JOHN SPANGLER IIIJERRE B. SWANN JR.

DIANE BETH WEINBERGPAMELA Y. WHITE-COLBERT

J. MICHAEL WIGGINS

On the Cover: This issue is dedicated to lawyers — like Atticus Finch —who ensure access to justice for all regardless of socio-economic status.

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interest to the State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should be10 to 12 pages, double-spaced (including endnotes) and on letter-size paper. Citations should conform to AUNIFORM SYSTEM OF CITATION (16th ed. 1996). Please address unsolicited manuscripts to: WilliamWall Sapp, Editor-in-Chief, Alston & Bird, One Atlantic Center, 1201 W. Peachtree St, Atlanta, GA 30309-3424. Authors will be notified of the Editorial Board’s decision following its next meeting.

The Georgia Bar Journal welcomes the submission of news about local and circuit bar associationhappenings, Bar members, law firms and topics of interest to attorneys in Georgia. Please send news releasesand other information to: Jennifer M. Davis, Managing Editor, 800 The Hurt Building, 50 Hurt Plaza, At-lanta, Georgia 30303; phone: (404) 527-8736.

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Publisher’s StatementThe Georgia Bar Journal (SSN-1085-1437) is published six times per year (bi-monthly) by the State

Bar of Georgia, 800 The Hurt Building, 50 Hurt Plaza, Atlanta, Georgia 30303-2934. © State Bar of Georgia2000. One copy of each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 tonon-members. Single copies: $6. Periodicals postage paid in Atlanta, Georgia. Opinions and conclusionsexpressed in articles herein are those of the authors and not necessarily those of the Editorial Board, Commu-nications Committee, Officers or Board of Governors of the State Bar of Georgia. Advertising rate card willbe furnished upon request. Publishing of an advertisement does not imply endorsement of any product orservice offered. POSTMASTER: Send address changes to same address.

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If you have a disability which requires printed materials in alternateformats, please contact the ADA coordinator at (404) 527-8700 or (800)334-6865.CAROLINE SIRMON

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June 2000 • Vol. 5 No. 6


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T a b l e o f C o n t e n t s

JUNE 2000 VOL. 5 NO. 6

Pro BonoOur Duty and Responsibility

By Gov. Roy Barnes8

Chief Justice Robert Benham and Community Service

10Pro Bono 2000: A BridgeOver Troubled Waters

By W. Terence Walsh12

Taking a Second Look at Pro BonoBy Esther F. Lardent

16Juvenile Court Success Stories About

Children and Families: What a WelcomeChange in the News

By Judge Sharon N. Hill20

Airmen Gain Access to Georgia CourtsBy Col. Fraser B. Jones Jr.

24Is This Any of Your Business?

By Mike Monahan26

The Grandparents ProjectBy Stephen Gottlieb and Karen Steanson

28Paralegals and Pro Bono

By Laurie R. Mansell30

Pro Bono Honor Roll32

Section NewsSection Leaders Hold Retreat

50Computer Law Section Aids

Tech Corps Atlanta51

Who’s Where52

From the Attorney General53

Book ReviewPostcards From a Disturbing Time

Reviewed by Janet E. Hill54

Lawyer Assistance Program55

Lawyer Discipline56

In Memoriam57

Bench & BarSupreme Court Meets at High School

59Tribute to Retiring Appellate Court Judge

William McMurry Jr.60

ProfessionalismSign Up for Professionalism Orientations

61Notices

Proposed FAO No. 98-R7Motion to Amend Bar RulesProposed FAO No. 98-R6

Board of Governors Meeting Attendance62

CLE Calendar72

Classifieds82

Ad Index82

FeaturesNew Data Information Form NowRequired for all Civil Case Filings

By Jerry Garland36

2000 General Assembly SessionSuccessful for BarBy Mark Middleton

38Conference Highlights Benefits

& Challenges of New Technology forMedia and the Courts

By Nikki Hettinger40

Board of Governors Meets in MaconBy Jennifer M. Davis

42

DepartmentsFrom the President

Remembering the Law is a ProfessionBy Rudolph N. Patterson

6From the Director

Emeritus Members Keep ServingThrough Pro BonoBy Cliff Brashier

7From the YLD President

YLD Providing a Chance to ServeBy Joseph W. Dent

46YLD News

Lawyers Come Out As a Group to MakeChange in the Community

By Damon E. Elmore48


By Rudolph N. Patterson

REMEMBERING THE LAWIS A PROFESSION

As the practice of law contin-ues to evolve, we must notlose sight of the needs of

those less fortunate. This issue of theJournal focuses on the importance ofpreserving access to justice for allAmericans regardless of socioeco-nomic status. I can only wonder howthe underprivileged will fare shouldwe as lawyers open our doors tomulti-disciplinary practice, side-by-side practice or whatever arrange-ment that might be adopted that puts“the business of law” — which islargely motivated by monetary gain— ahead of “the profession of law.”

It may be that Judge WilliamWilson from the U.S. District Court ofArkansas explained it best in the lastissue of the Georgia Bar Journal:

The citizens of this country puttheir property, their livelihood,their hopes, their dreams andsometimes their freedom andeven their lives in the hands ofthese stalwart lawyers.

I do not believe it is farfetchedto say that these lawyers are, indeedthe trustees of liberty. But this is soonly if we look beyond the mechan-ics of drafting a will, drawing acomplaint, putting the witness onthe stand, and the like. We must,among other things, steep ourselves

in the history of our Constitution,especially the Bill of Rights andmost of the other amendments. Ibelieve that it was Learned Hand,the great jurist of two generationsago, who wrote something to theeffect that we will not have ourrights and privileges in Americabecause our Constitution is writ-ten on a certain type of parchment,and preserved carefully at ournation’s capital. We will havethese rights and liberties only aslong as they exist in the hearts andminds of the people.

Is the financial gain in becominga “one stop shopping law firm” ashort term step towards achievingfinancial success at the expense ofthe profession known as the practiceof law? Is it the opportunity toexchange financial gain for theprivileges we take for granted thatnow come with the practice of law?Does the majority of the public reallywant to give up their long standinglegal rights, which have been createdby common law and professionalregulation — i.e., confidentiality,attorney-client privilege, absoluteloyalty to the client as long as thecause is ethical? Will lawyers besupervised and controlled by non-lawyers? Will multi-disciplinary orside-by-side advocates try to limitthis type of practice to the financialworld? If the practice of law is infact to become a business effort only,should the personal injury lawyer,malpractice lawyer, family lawyer,bankruptcy lawyer, real estate lawyerand all other lawyers in activepractice be allowed to seek out non-attorney “partners” who can increase

the bottom line? Should the object ofthe practice of law be to let everyonemake more money with “one stopshopping”? Have we served thepublic by allowing the practice oflaw to become only a piece of thebusiness world? If we sacrifice ourclients’ legal rights for the sake of amulti-disciplinary or side-by-sidepractice, what have we done tofuture generations of Americans?

If we adopt the concept of law as abusiness and forfeit the privileges thatmake it a profession, will we stillbelieve that all citizens should haveaccess to the judicial system? Will westill donate our time to pro bonoservice to make that access a reality?

I wish Bibb Superior CourtJudge Oscar Long, who swore me inas a lawyer in 1962, was still alive.Maybe he could analyze theseproblems and explain how theycompare to the ideas he shared withus at the swearing-in ceremony:

The practice of law is a privi-lege and a jealous mistress. Totalloyalty to a client is demandedand it is not your option to decidethe guilt or innocence of your cli-ent. If the Lord will protect youfrom your friends and relativesyou can handle your enemies.

The practice of law is a privi-leged profession. It is not a busi-ness. If you want to make a lot ofmoney go into business ratherthan be a practicing attorney.

Keep your hands off yourclient’s money.

Would Judge Long’s charge andexplanation be any different today?

I hope that as each of us studiesand advocates our respective side ofthese issues we will remember whatJudge Long said and BenjaminFranklin meant when he said: “Theythat can give up an essential libertyto obtain a little temporary safety,deserve neither liberty nor safety.” U

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EMERITUS MEMBERS KEEP

SERVING THROUGH PRO BONO

By Cliff Brashier

The State Bar has a member-ship class known as “emeri-tus.” It is an honorary, retire-

ment status for members who are atleast 70 years old and have beenadmitted to the practice of law inGeorgia for 25 or more years. Those

members pay no dues and have noCLE requirements, but they may notpractice law while in that status.

Harold Russell, a friend andmentor to me, called several yearsago to suggest that the practiceprohibition in the emeritus rule kepthim and other emeritus membersfrom continuing their commitment tohandling pro bono cases. He was, asusual, correct. Today, the emeritusmembership rule contains an impor-tant exception to allow pro bonoservice by retired attorneys.

A few years later, in 1997,Harold Russell passed away after along, distinguished legal career. But

“his” amendment to the emeritus ruleand his commitment to pro bonoservice live on to inspire all of us toenrich our professional lives bymaking our system of justice avail-able to all.

To the thousands of Georgialawyers, both past and present, whohonor us all through their pro bonoservice, their character, dedication, andhighest standards of professionalism,the State Bar of Georgia proudlyexpresses its thanks and gratitude.

Your comments regarding mycolumn are welcome. If you havesuggestions or information to share,please call me. Also, the State Bar ofGeorgia serves you and the public.Your ideas about how we canenhance that service are alwaysappreciated. My telephone numbersare (800) 334-6865 (toll free), (404)527-8755 (direct dial), (404) 527-8717(fax), and (770) 988-8080 (home). U

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At one time the practice of law was not a rightbut a matter of grace of the sovereign. Inaccepting that grace, lawyers accepted a dutyto represent, for free if necessary, people who

could not afford their services.Somehow in modern life we have forgotten this basic

premise. Very few law school graduates today havedecided to represent poor people in landlord-tenant casesor Social Security claims or to practice criminal law. Thereasons are many: the pay is low, the hours are long, theclients are far from glamorous. With some large Atlantafirms paying $100,000 plus for securities, tax, corporateand intellectual property associates, who in their rightmind would want to represent someone being kicked outof their apartment or a criminal who is odds on guiltyanyway?

Well, the answer is we all have a duty to representthem.

P R O B O N O

Our Duty andResponsibility

By Gov. Roy E. Barnes

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Far too man y people face the possibilityof an un just outcome because theymust attempt to n avigate an oftencomplicated legal system without theben efit of competen t coun sel.

Our legal system is one of the main reasons for ourgreatness as a nation. But the cold hard reality is that fartoo many people face the possibility of an unjust outcomebecause they must attemptto navigate an oftencomplicated legal systemwithout the benefit ofcompetent counsel.

Why? Because compe-tent lawyers engaged in thecorporate practice don’twant to get involved. Theydon’t have time. They havetoo many hours to bill.They have ever-increasingbills to pay. It wouldn’thelp their reputation. Itmight hurt their career.

None of those reasonsare new.

Twenty-six years ago ayoung African-Americanman stood in the middle ofthe road and stopped a cardriven by a 17-year-oldwhite girl, the daughter ofa Steward of the localMethodist Church. Theyoung man had never beenin trouble before, but hewas arrested and chargedwith rape. He confessed onthe spot and again at thepolice station after signingevery waiver of rightsknown to man.

Judge Luther Hames, atough-minded formerdistrict attorney, appointeda young lawyer who hadjust left the DA’s office to defend the young black mancharged with rape.

When the young lawyer found out about his appoint-ment, he went to see the judge. He had left his job as aprosecutor to run for office, he explained, and he was inthe middle of his first campaign. It wasn’t good politics,the young lawyer said, to defend a rapist, especially ablack one, in the middle of an election. And, he told thejudge, he’s guilty anyway.

Judge Hames slowly rose from behind his desk andtold that lawyer that the defendant might be guilty, andthe next hundred after him might be guilty. But there was

someone out there he would represent one day who wouldbe innocent. And if he prejudged them all, then he wouldnever be able to tell the difference. Judge Hames then

reminded him that thesystem of justice whichseparates us from lawlesssocieties only works wheneveryone receives compe-tent representation.

Finally, in a near-fatalblow to the younglawyer’s self-confidenceand self-esteem, JudgeHames told him thatperhaps he should recon-sider whether he reallywanted to be a lawyer ornot.

I was that younglawyer, and I representedthat young man. He wentto the penitentiary, and hismother wept in my arms atthe conclusion of the case.

There are not enoughjudges like Luther Hames,who expect every lawyerto do his duty withoutexcuses — to protect thehelpless and representeven the guilty, not topervert justice, but toguarantee it.

This issue of theGeorgia Bar Journal isfilled with examples oflawyers who have dedi-cated their lives to helpingthose who do not have avoice in our society. We

should study the example they set carefully and use thisas an opportunity to reflect on whether we have met theobligations of a lawyer.

Every lawyer has certain duties that are the price youmust pay for the grace to practice this glorious profession:

You must speak when others remain silent.You must demand fairness when others seek expediency.You must confront injustice when others seek comfort.You must question when others seek silence.This is what it means to be a lawyer. U

Roy E. Barnes is Governor of Georgia.

Photo by Richard T. Bryant


P R O B O N O

Since his appointment to the Court of Appealsby Governor Joe Frank Harris in April of1984, the Honorable Robert Benham hasconstantly and consistently reminded the legalcommunity of its responsibilities and opportu-

nities in community service and service to the profession.After becoming Georgia’s 26th Chief Justice in 1995,Chief Justice Benham, time after time, has returned to thisfamiliar theme. In a law school commencement addressnot long after assuming leadership of the Court, ChiefJustice Benham addressed certain priorities:

We could talk about the nuances of the law. We couldtalk about emerging issues in constitutional law. ButI want to talk about something I think is a little more

Chief Justice RobertBenham’s Commitment toServing the Community

important today, and it’s interfacing with life, down-loading some basic principles and going on-line withyour own family. . . . So I want to talk to you aboutusing the law to build up your community. I want totalk to you about community service, sacrifice, therole of the law and the relationship with your ownfamily.

He concluded his remarks in the same vein: “So, onthis Graduation Day as you prepare to become lawyers, Ileave you with these words . . . of [a] poet, who said:

Do not live, just to make a living,Rather live to make a life.For the true measure of succeeding

Editor’s Note: When interviewed for this issue, Chief Justice Benham added enthusiastically, “I am very pleased tosee the official publication of our State Bar dedicating an entire issue to pro bono service. I thank the Editor-in-Chiefand Associate Editors for their vision and am grateful to the authors for their participation. At this time of rapidlyescalating attorney starting salaries and in the midst of the lateral hiring phenomenon, it is essential that we lawyersremain true to the commitments that make our profession so special: we help neighbors in need and make equalaccess to the civil and criminal justice systems more than a worthy aspiration.”

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Is the service you give in the strife.For all you’ll have left when your soul crosses the bar,Is the good you have done for othersAs you journey near and far.”

In April, 1996, The Chief Justice, on behalf of theSupreme Court, chose the occasion of the Court’s 150th

anniversary to present Amicus Curiae awards to distin-

guished members of the Bar. These community leaderswere formally recognized by the Court, their peers, andthe legal profession at a special ceremony during theCourt’s Sesquicentennial celebration. In connection withthis presentation, Chief Justice Benham answered thefollowing questions on community and professionalservice:

Q. What prompted you to focus on encouraginglawyers and firms to engage in community serviceprojects?

A. As I was working with my son in my woodwork-ing shop building birdhouses for Habit for Humanity, Irealized how much enjoyment I get out of working withmy son on community projects. As the saws were buzzingand the wood chips were flying and as the sawdust roseup from my son’s sanding, I saw a birdhouse take form.As we worked, I reflected on my quarter of a century atthe Bar. The legal profession has been good to my family,but life has been good to us too. It was then that I realizedthat I go to the Court to make a living, but I go to mywoodworking shop to make a life.

So many young lawyers are spending countless hourshoning their skills as lawyers and missing out on the joy

of being involved in community activities. They fail torealize that their profession, the law, was designed toimprove the quality of life. Life was never designed toimprove the law. With this thought in mind, I decided toencourage lawyers to become involved in communityservice because it will help not only to improve theircommunity, but also it will help to improve the quality oftheir own life.

Q. Who do you believe benefits most from volunteer-ing within the community – the giver or the receiver?

A. Not only does the community benefit fromcommunity service, the lawyers will also benefit in seeingthe community improved; and they can have a real feelingof satisfaction in knowing that they played a meaningfulpart in the improvement.

The Chief Justice has been a frequent speaker atmeetings of community groups. In one such appearance,the Chief Justice surprised some in attendance by stress-ing that, while careers are important, they are not asimportant as making a life and one’s community better:“I’ll share with you what is on my mother’s tombstone —‘Blessed is she who serves her God, sacrifices for herfamily and shares with her neighbors.’”

To make not only the community but also oneselfbetter, Chief Justice Benham urged those present to giveback through charity and community programs such asworking with children or in nursing homes.

In 1998, to encourage community service, ChiefJustice Benham and the Chief Justice’s Committee on

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I decided to en courage lawyers tobecome in volved in commun ityservice because it will help n ot on lyto improve their commun ity, but alsoit will help to improve the quality oftheir own life.

— Chief Justice Robert Ben ham


Pro Bono 2000: A Bridge Over

Troubled WatersBy W. Terence Walsh

Consider, if you will, a RodSerlingesque extraordinary meeting ofthe law partnership, Bendini, Lambert& Locke.1 While outside it was asparkling spring Saturday morningand fine strands of filtered sunlightrefracted off the morning dew, inside

the prospect of uncharacteristic frugality hung heavy overthe reluctant participants. The diplomatic managingpartner opened the meeting with some innocuous reportingthat served only to increase rampant anxiety about thecentral purpose of the meeting. “With all due respect, let’sget on with it,” advanced one partner. “We might as wellstart examining options in an effort to find out how the

P R O B O N O

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heck we’re going to pay for it,” said another. By “it” wasmeant the absolutely unprecedented seismic explosion inassociate compensation. While the epicenter of the quakewas the Silicon Valley, its effect rippled inexorablyeastward, exploding compensation levels in all legalcommunities in its path.

The managing partner, knowing that a significant hitto per partner income might relegate him to hostagestatus, began to throw out other possibilities. Therefollowed an examination of the expense budget, thepossibility of raising hourly rates, and other ways tobroaden the revenue base. In the course of these discus-sions, the partnership unwittingly divided physically intothree groups: the bean counters, the humanists, and“others.” When the subject of reducing certain perks fromthe expense budget was raised, the first group, in afashion akin to a Euripidian chorus of Johnny Cochran’s,in unison said:

Someone else needs to pay;It’s always the better way.

Later, the partners discussed raising hourly rates asecond time in a 24-month period. Not surprisingly, theconsensus was to conduct a new, anti-trust sensitivesurvey of selected firms’ rates. Meanwhile, the beancounters opined with vehemence:

With our providential powerWe will goose the billable hours!Gotta jack the timeTo boost the bottom line.

As soon as the topic of bringing in new laterals wassuggested — this prospect being rendered more remotedue to the fact that there were few firms that Bendini hadnot previously victimized — the chorus responded:

Associate pain, we gainLet the partners be sustained!

As the humanists, first, and then the others wereirritated by this rhythmic rhetoric, the managing partner,trying to restore a semblance of order, suggested, “Let’slook at our inventory of business to see where we’respending our time. Maybe there are efficiencies to begained there.” After concluding that certain transactionalwork was not yielding the desired realization and thatsome contingency-basis litigation had been busts andwere to be avoided in the future, the brooding group wasstartled by the excited utterance of the head bean counter,Lance deBoyle, whose vexing voice pierced the delibera-

tions: “I’ve got it! Look there, in the non-billable timekeeping. In the aggregate, last year we devoted over fivepercent of our otherwise billable time to pro bono legalwork. The value of that time approximates our projectedrevenue shortfall, so all we have to do is convert pro bonotime to billable and our financial model regains momen-tum. We will have reduced a fiscal mountain to a merebump in the road!”

Until then, the humanists had held back while thenumber crunchers had the floor. At this point, however, amature, plainspoken partner, Atticus, known for hisunconditional and compassionate dedication to numerouspro bono efforts, rose with dignity and said, “Our probono commitment is this law firm’s soul, its essence. Italways has been and, especially in times like this whenour financial plan is sorely challenged, must be absolutelyinsulated from such pressures. Reducing service to ourcommunity and our profession cannot be an option.” Asignificant number of partners concurred, creating a clearimpasse. The managing partner appointed a committee tostudy the situation and report back immediately.

This article suggests that the current national climatein law office economics casts the above dynamics in highrelief, thereby affording us an opportunity and, perhaps,the necessity to reconsider and reaffirm the “why” of probono service.2

Why Do It?I believe that, to be a complete lawyer, one must have

a deep and abiding passion for justice. Isn’t that why mostof us went to law school in the first place? In privatepractice, this fervor must be tempered by one’s billableworkload. Yet, the fire is always burning. It is not anephemeral commitment that one switches on and off. Itcan’t be relegated to hypothetical but non-existent sparetime. In my experience, poor people do not get arrested ordispossessed at convenient times. When the need presentsitself, other professional and personal workloads arejuggled in the pursuit of justice. For those of us in civilpractice, constitutional issues involving life and death areinfrequent visitors. In such a practice, it is easy to experi-ence a full (i.e. totally consumed) life, but is it a fulfilledlife? And, if not, where is fulfillment found?

It is Invigorating and Satisfying.Judge Harry Edwards, in a provocative article pub-

lished almost 10 years ago, stated, “A person who de-ploys his or her doctrinal skill without concern for thepublic interest is merely a good legal technician — not agood lawyer.”3 It is in pro bono service that true enrich-ment of one’s professional life occurs. As Will Rogers

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said, “A man makes a living by what he gets — he makesa life by what he gives.”4 Justice Oliver Wendell Holmes,speaking to some Harvard undergraduates about the legalprofession after describing many mundane aspects of thepractice, concluded by stating the following:

What is all this to my soul? ... How can the laboriousstudy of a dry and technical system, the greedy watchfor clients and practice of shopkeepers’ arts, the man-nerless conflicts over often-sordid interests, make out alife? . . . If a man has the soul of an idealist he will make— I do not say find — his world ideal. . . . [H]e maywreak himself upon life, may drink the bitter cup ofheroism, may wear his heart outafter the unattainable.5

It is a Way to Express DeeplyFelt Religious and EthicalCommitments.

The word “ethical” in thiscase refers to “ethos,” or moralcharacter, as opposed to theCanons 1, 2, 8 interpretations. Ido not believe ethical rules arewhat induce pro bono service (see below). I know best theChristian faith, but I feel certain that counterpart preceptsare contained in Buddhism, Islam, and Judaism. InChristianity, love of God and neighbor are inextricablyintertwined, as evidenced by the two great command-ments described in Matthew6 and The Good Samaritanparable in Luke.7

As the consciousness of our relationship to God de-velops, the sense of solidarity with our fellow men[and women] increases. This sense of solidarity withthe neighbor should serve as an impetus for Chris-tians to develop and manifest qualities such as jus-tice, impartiality, unselfishness, . . . sincerity, . . . andbenevolence.8

That we should find pro bono service uplifting,meaningful, and self-esteem building in a religious orethical context is entirely consistent with Lincoln’sreference, in his First Inaugural Address, to “the betterangels of our nature.”9 In a lighter vein, Georgia’slegendary Chief Justice Logan Bleckley referred to moralcharacter in a legal context with his tongue-in-cheekdescription of the proper treatment of debt: “Blessed isthe man that pays. The practice of paying promptly, andto the last cent, tends to the cultivation of one of the mostexcellent traits of human character. If debtors wereguided by their own true interests, on an enlarged scale,

they would be even more clamorous to pay than creditorsare to receive.”10

I believe that our better angels and our own trueinterests are nourished and sustained by pro bono serviceand, thus, we gain self-esteem and satisfaction from suchcontributions.

It Meets a Demonstrated Community Need.The extent to which the need for legal services,

particularly among the poor, are unmet varies from sourceto source, but it is significant regardless of the method ofmeasurement.11 Most lawyers subsist as a consequence ofthe health of their legal communities. While trying to

attract new clients is not anappropriate goal of pro bonoservice, it may well be a conse-quence. Certainly, indigentcitizens’ access to the justicesystem has a direct bearing oncommunity health. Also, byenlisting segments of the bar inpro bono service, we canleverage our discrete resourcesand have a greater impact. As

Mark Twain said, “To be good is noble; but to showothers how to be good is nobler and no trouble.”12

It Affords Leadership Opportunities.It is axiomatic that in all law firms, regardless of size,

there are only so many opportunities for leadership and,thus, if a lawyer is determined to pursue his or herleadership aspirations only in the law firm context, thatlawyer will often become frustrated. On the other hand,the need for leadership in the pro bono community isinfinite and can be limited only by our collective inertia.

It Affords Opportunities for Training and ClientContact.

In this highly specialized legal environment, younglawyers often encounter training that consists more ofobserving than actually doing. Yet, beginning lawyerscrave client contact and the ability to have their “own”cases. Through pro bono opportunities, lawyers canimprove communication skills,13 gain trial experience,14

broaden their legal perspective,15 and experience eye-opening direct contact with poverty-related problems.16

It is Good for Recruiting New Lawyers.Recent law school graduates, uninitiated in the

pressures of the billable practice of law, are disposed to


Pro bon o activities are n otspare time, an cillary activities;rather, they defin e who we, aslawyers, are.


P R O B O N O

In Georgia, as in many areas around the nation, thelate 1970s and early 1980s was a time of greatinnovation and growth for pro bono service. It wasa time when many organized pro bono programswere created as a result of 1) growing interest in

and support for volunteer legal services, and 2) height-ened demand for legal assistance by the poor, due tocutbacks in federal funding.

Chan ges in Our MidstSince that “heyday” of pro bono activity, the legal

profession has grown and changed dramatically. Lawyerspractice in a greater variety of settings, yet at the sametime they have become more specialized. The legaleconomy has experienced roller coaster-like ups anddowns. Laws have become more complex and pervasive.

And technology has emerged as a pivotal player in thelegal arena. These are all factors that many of us couldnot have imagined even 20 years ago.

The delivery of legal services to the poor has alsochanged dramatically and become more complex in theprocess. Downturns in federal funding have led to theemergence of Interest on Lawyers Trust Accounts(IOLTA) and other non-federal funding sources. Withthese developments have come broad restrictions on thework that publicly funded legal services programs mayundertake. Specialized legal service providers that focustheir efforts on a single legal issue or segment of thepopulation have proliferated. The use of technology andnew approaches to client service have also impacted legalservices, spawning greater reliance on pro se mecha-nisms, hotlines, and online provision of information andmaterials.

Taking a SecondLook At Pro Bono

By Esther F. Lardent

17J U N E 2 0 0 0

Litigation

Family

Law

Policy

Advocacy

Business

RealEstate

Housing

The most dramatic changes of the past 20 years,however, have been the public policy shifts that have sofundamentally impacted the lives of low-income persons.These changes have literally transformed the lives ofthose least capable of adapting easily to change — thepoor, the elderly and children. These public policy shiftsinclude the following: 1) the devolution of many pro-grams from the federal to the state level, 2) the transitionfrom welfare to a work-based system of temporaryassistance for poor families, 3) far greater restrictions onimmigrants’ benefits and rights and on the ability of thisfast-growing segment of the population to access thecourts to challenge those policies, 4) severe curbs onprisoners lawsuits, 5) fundamental shifts in the directionof housing and health care programs for the poor, and 6)more limited access by death row inmates to habeascorpus review.

In n ovation is the Key to SuccessIn acknowledging this upheaval and rapid and

profound change, it is important to ask how pro bonolegal assistance can and should adapt in response to thesechanges. I cannot claim more than passing familiaritywith Georgia’s pro bono programs. On a national basis,however, it appears that most pro bono programs have,for the most part, remained relatively static over the past20 years. They enroll about the same percentage of thetotal attorney population, conduct intake, screen and placematters in much the same way that they have traditionallydone so, focus on the same types of cases and activitiesthat they have in the past, and maintain similar structuresand staffing patterns.

Some programs, of course, have been innovators. InGeorgia, Atlanta Volunteer Lawyers was one of the first


BUSI

NESS

pro bono programs to establish a Web site. The AtlantaLegal Aid Society’s Fellowship program has enlistedmore law firms than many other cities in the nation. TheAlanta Bar Association’s Truancy Intervention Project isan early example of the growing trend toward holistic (i.e.interdisciplinary) services for low income persons andfamilies. And the Georgia Bar’s ABC program is aleading example of the new trend of involving non-litigation lawyers in providing transactional/businessassistance to nonprofit groups that serve low-incomeindividuals and communities.

In light of the heightened need today for pro bonoassistance, it is absolutely essential that pro bono pro-grams and their supporters step up the pace of innovationand reshape their goals andservices, so that they canrespond effectively to thelegal problems emergingfrom a new and changedenvironment.

A. Widening ServicePriorities

For the most part, probono programs todaymaintain a very narrowsubstantive focus. Accord-ing to the Legal ServicesCorporation, for example,59.6 percent of cases closed by pro bono programs in1996 involved family law matters. The percentage ofhousing and public benefits matters closed by pro bonolawyers in that same year actually decreased somewhat.

While domestic relations problems are obviously veryimportant, they are not, contrary to conventional wisdom,the area of greatest unmet need among low-income per-

sons. The American Bar Association’s Compre-hensive Legal Needs Survey,

conducted in 1993,showed clearly

that otherproblemareas —

such ashousing, health,

employment,finance and con-

sumer issues, andcommunity/regional

problems — generated moreneed for legal services than

family law matters.

Even more notable was the fact that, while there wasa greater need for legal assistance in a variety of non-family matters, there was also far less likelihood thatthose with non-family law problems would locate legalhelp. The ABA study found that while more than threequarters of those with a family law problem actually gotthe legal assistance they needed, 70 to 90 percent of low-income households with non-family law problems failedto get such assistance.

The findings of a Georgia legal needs study con-ducted in conjunction with the ABA study are strikinglysimilar. The three greatest areas of legal need among low-income households in Georgia were consumer andfinance, housing, and community and regional problems.

Family law (includingdivorce, adoption, guardian-ship, domestic violence,etc.) was a distant fourth.

Some find these surveyresults untrustworthy,noting that many, perhapsthe vast majority, of thosewho contact legal servicesand pro bono programs insearch of assistance seekhelp for family and domes-tic relations problems. Thisclient demand, however,reflects only legal needs

that are easily recognized as such by low-income persons.Everyone, no matter how inexperienced in the law andthe legal system, knows that they need legal assistancewhen they are seeking a divorce or child custody matter.All too often, as the ABA studies show, low-incomefamilies — facing eviction, lack of access to health care,denial of public benefits, or consumer fraud — are notaware that the law offers a remedy for their problem. Andeven when they recognize their need for legal assistance,the study results demonstrate that they almost never find asource of desperately needed help.

Since the 1993 ABA and Georgia studies, the legalproblems of low-income households have changed evenmore dramatically. In this era of welfare-to-work employ-ment, issues undoubtedly loom large in the lives of poorpersons. Problems like lack of transportation and afford-able childcare have greater impact. Increasingly, taxissues, such as the Earned Income Tax Credit, and a highincidence of audits among low-income taxpayers havebecome more prevalent and more important.

Family law matters continue to be important. Mypoint is that it is essential, particularly in helping low-income families make the transition from welfare to

While there was a greater n eed forlegal assistan ce in a variety of n on -family matters, there was also farless likelihood that those with n on -family law problems would locatelegal help.

19J U N E 2 0 0 0

POLICY

ADVOCACY

work, that other, even more frequently experienced — yetinfrequently addressed — legal problems also receive thesupport of pro bono lawyers.

Widen in g the Ran ge of ServicesMany pro bono programs also continue to call upon a

narrow range of lawyer advocacy skills — typicallylitigation and advice and brief counsel. However, newproblems and changing times demand different strategiesand skills. The good news is that those skills are oftenavailable in abundance among private practitioners. Thebad news is that often, pro bono programs simply do noteffectively tap into those skills because they are focusedon litigation cases and brief advice clinics. How elsecould pro bono attorneys contribute? Here are a fewexamples:

� � Business and transactional pro bono. There is agrowing awareness that helping to build stronger non-profit institutions, particularly community groups, canultimately help low-income persons directly. In larger lawfirms as many as half of all the lawyers may be non-litigators who have specialized skills and expertise thatthese nonprofit groups need. In the past, non-litigatorswere often either encouraged to undertake litigation workor were underutilized. Asking a senior tax or corporateexpert to draft by-laws or seek tax-exempt status is likeasking a 20-year litigator to take on an uncontesteddivorce.

What can non-litigators do? They can handle thecomplex financing, real estate, and zoning issues involvedin the development of an affordable housing project or theimprovement or creation of tenant ownership of existinghousing. They can work with community groups to site agrocery store, mall, or major employer in economicallydepressed communities. They can help small nonprofitscomply with an increasingly complex set of complianceand accountability requirements. They can work with acoalition of neighborhood groups to promote smallbusinesses that aid low-income persons — low-costchildcare providers, laundromats, computer skills trainingcompanies, rural food cooperatives, and so much more.

� � Policy advocacy. Attorneys for major corporateclients often address systemic concerns or recurringproblems by either proposing new legislation or changingexisting onerous laws. Many firms now have a publicpolicy expert or department, working with the executiveand legislative branches and with administrative agencies,to rework or reinterpret existing policies, laws andregulations to benefit their clients’ interests. Now thatLegal Services Corporation-funded programs are, for themost part, unable to undertake this type of advocacy, pro

bono programs can fill the gap byproviding assistance.

For example, probono attorneys canrepresent a groupof low-incomeparents whosegoal is to usestate revenues(whether tobaccosettlement funds, statesurpluses or unused federalwelfare-to-work money) to subsidize childcare costs ofpoor families. They can assist a community group seekingto mitigate the environmental impact of new highwayconstruction in their neighborhood. They can work with awelfare rights organization to alter regulations that oftenunfairly result in denial of public benefits.

� � Research projects. Lawyers who do not choose tolitigate can benefit the lives of many low-income personsby using their research skills to undertake legal or factualresearch on issues of great import to the poor. Researchprojects in other parts of the country have involved issuessuch as the disproportionate tax burden on workingfamilies in one jurisdiction, the inadequacies of the fostercare program in another, and the need to equalize publicschool funding in a third state.

� � Unbundled legal services. Increasingly, courts,lawyers, and legal services providers have realized thatthere is a “third way” between providing the full range ofrepresentation and turning clients away. Unbundled legalservices often involves assisting the growing number ofpro se litigants by providing carefully agreed to limitedlegal advice, guidance and services at points in the matterwhere an attorney’s involvement can be most useful. Forexample, in a jurisdiction that accommodates pro selitigants in uncontested divorces, those litigants may stillseek out lawyers to draft their financial and propertyagreements. By using pro bono attorneys to provide morethan simple advice, but less than full representation,programs can maximize attorney time while acknowledg-ing the growing interest among clients in becoming morefully involved in their legal matters.

Other non-litigation skills that can and should betapped include tailored community education and disputeresolution. These activities, as well as those featuredabove, are regularly undertaken by lawyers in privatepractice on behalf of their paying clients. They could andshould be accessible to poor persons as well.



P R O B O N O

In troduction

From reports of school shootings to shoplifting

scams, the media is saturated with news storiesof children committing shocking crimes. We asa community are saddened and stunned bythese reports and are left seeking answers to

the heartfelt questions: How can we as a community stopthe harm before it starts? How can we prevent the cre-ation of another victim? How can we change these youngpeoples’ lives for the better?

While there is no absolutely infallible predictor offuture delinquent behavior, a number of studies havefocused on school failure as a starting point.1 Accordingto these studies, “the children most at risk [for seriousdelinquency] are those who by age ten have learningdifficulties in school, especially in reading, and who face

JUVENILE COURT SUCCESS STORIES ABOUTCHILDREN AND FAMILIES

What a WelcomeChange in the News

By Judge Sharon N. Hill

significant stresses at home . . . that weaken familybonds.”2

If these studies are correct, then addressing theeducational neglect of young children and the truancy ofolder children should be the first order of business of anyJuvenile Court. Since 1991, the Fulton County JuvenileCourt has done just that, put the focus on the front end ofdelinquent behavior rather than on the back end, in aneffort to slow the creation of more victims in our commu-nity and in an effort to help children and their families getback on the right track. This article discusses an ex-tremely effective program that the court is using toaccomplish these goals and provides some real-worldexamples of how the program is improving the lives ofthose families that it touches.

21J U N E 2 0 0 0

Truan cy In terven tion ProjectThe program is known as the Truancy Intervention

Project (TIP), which is a joint effort of the Fulton CountyJuvenile Court and the Atlanta Bar Association, and isnow in its ninth year. Since the first child was served in1992, TIP has helped more than 1,200 children. Of thechildren served before January 1, 2000, more than 70percent have not returned to Juvenile Court for anyreason.

TIP serves two types of children: (1) Children 11years old oryoungerwho are notgoing toschoolbecause oftheirparents’neglect oftheireducation.This type ofchild issufferingfrom what isknown as“educationalneglect,”which is aform ofdeprivation;and (2)children 12years old orolder whoare skippingschoolwithout theirparents’knowledge or approval. This type of child is involved in“truancy,” which is a status offense.

A. Educational NeglectSometimes, Educational Neglect cases are easy to

resolve. For example, in a scenario seen many times over,Sarah,3 a low-income, working mother who lacked bothhealth insurance and transportation, decided that she hadno choice but to keep her six-year-old4 child, Emily,home from first grade because Emily suffers fromasthma. Sarah thought that if she sent Emily to school andshe suffered an asthma attack, then Sarah would be

unable to come to the school to pick Emily up when theschool called. Sarah was also convinced that the schoolwould then call the Fulton County Department of Familyand Child Services (DFACS) and report Sarah’s neglect.However, the outcome of Sarah’s case was much morepositive than Sarah imagined once TIP became involved.

First, a TIP Probation Officer, a DFACS caseworkerand a Volunteer Attorney Guardian Ad Litem (GAL) wereassigned to the case. Sarah was represented by a court-appointed attorney and received assistance in applying forPeachCare for Kids. With this low cost health insurance,5

Emily received treatment for her asthma. Once thetreatment was in place, and once Sarah

understood that she must letthe school know

each timeEmilyhad to

missschool

due toillness,

Emily’sunexcused

absencesdiminished

dramatically.The educational

neglect wasresolved, much to

Emily’s delight,because she loves

school, and much tothe relief of Sarah, who

had been at her wit’s endworrying over her.

In another recent case,Ben, an eight-year-old, had

missed 33 days from schoolwithout any legitimate

excuse. In investigating thecase, the TIP Probation Officer

learned that Ben’s mother, Destiny, had been pregnantduring much of the time that the child was missing schooland eventually delivered a baby girl who tested positivefor cocaine. Before the hearing, the volunteer attorneyGAL, the TIP Probation Officer and the DFACS case-worker conferred with Destiny and her attorney. Destinyagreed to accept help in overcoming her cocaine addic-tion. At the court hearing, Destiny was placed under aprotective order and was required to attend and completea drug treatment program. Not only did the mother


complete the program successfully, she also completed ajob placement program through DFACS and obtainedfull-time employment with the employer that had offeredthe job training. Destiny also attended school conferencesas required by her protective order and insured that Benhad perfect attendance for the remainder of the school year.That case was closed satisfactorily after only seven months.

B. TruancyWhile the court is handling increasingly more Educa-

tional Neglect cases, the bulk of the TIP caseload contin-ues to be Truancy cases involving students from age 12 to16 years. Some Truancy petitions allege as few as 15unexcused absences fromschool, while othersallege more than 100. Avolunteer attorney isassigned to represent thechild in court on truancymatters. Many times,particularly in thosecases with high absentee-ism, the child admits tothe truancy. The main jobof the volunteer attorneyat that point is to repre-sent the child in disposi-tion and to assist thechild in carrying out therequirements of hiscourt-ordered supervi-sion.

If a volunteer attorney suspects, however, that thechild’s truancy is due to an underlying problem, such asan undiagnosed learning disability or the parent’s failureto maintain stable housing for the child, the volunteerattorney may seek to continue disposition to put certainresources or alternative plans in place. One importantresource is the court’s Educational Advocate program,wherein attorneys trained in the federal and state specialeducational laws are paid from a grant to help behavior orlearning disabled children obtain the special educationservices they need in the public school setting.

If lack of stability is the problem, the volunteerattorney, along with the TIP Probation Officer, maysuggest to the parent an alternative plan: that the parenttransfer temporary legal guardianship over the child to astable relative to allow the child to go to school while theparent works on restoring stability to the home. If thechild takes advantage of these opportunities by going toschool regularly, even after having missed so muchschool in the past, then it is possible that the truancy case

either will not be sustained or will be closed quickly afteradjudication, once everyone is confident that the prob-lems have been resolved.

In a recent truancy case, David, a 15-year-old, cameto the court’s attention because he had missed 71 days ofschool without excuse, and had been in school only 18days by the time a school social worker had filed thetruancy petition. In the previous school year, David hadmissed 99 days of school. He was a special educationstudent who was known by the school to be a “virtualnonreader,” but who was required to attend ninth gradespecial education classes in literature/composition, math,biology, political science and occupational planning.

Being a “virtual non-reader,” David wasdestined for failure undersuch a curriculum;therefore, the reason forhis truancy was not amystery to the court. Acombination of courtinsistence and theappointment of aneducational advocatehelped to change David’seducational life.

Now, David has aschedule of the followingclasses: FunctionalEnglish, FunctionalMath, Pre-Vocational

Skills, Personal Management, JROTC, and OccupationalPlanning. At his most recent review hearing, the courtlearned that, since the implementation of this new sched-ule, his attendance has improved significantly. He hasalso had two internships: in the first, he worked in a banksorting checks by check number, and in the second, heworked as an assistant in a nursing home. The young manreportedly enjoyed both employment experiences andeven liked wearing a suit (provided by the school) whenhe worked at the bank. The educational advocate, along withthe volunteer attorney, have reported that the school’s goalin the functional reading and math program is for David toachieve a third or fourth grade level so that he can reademployment “want ads” and complete job applications. Thatparticular court hearing ended with David smiling broadlyand his mother having real hope for the future.

C. Educational Neglect and Truancy in theSame Family

There are times when the court addresses both aneducational neglect problem and a truancy problem at the

On e importan t resource is the court’sEducation al Advocate program, whereinattorn eys train ed in the federal an dstate special education al laws are paidfrom a gran t to help behavior orlearn in g disabled children obtain thespecial education services they n eed inthe public school settin g.

23J U N E 2 0 0 0

same time in the same family. Recently, Ally, an eight-year-old child, came to the court’s attention when she hadmissed 24 days of school and was tardy almost every daythat she did come to school. The child had a poor historyof attendance dating back to kindergarten. Because of hermother’s suspected substance abuse problem, the familywas referred to DFACS for help. The mother was placedunder a protective order to cooperate with DFACS and tosend Ally to school.

A few weeks later, the school social worker filed aTruancy petition on Ally’s 14-year-old sister, Jessie. Thevolunteer attorney who served as the Guardian ad Litemin the educational neglect case for Ally volunteered againto serve as the attorney for Jessie. Jessie had missed 44days from school without excuse. After a hearing, shewas placed under court supervision to monitor her schoolattendance. Jessie was also evaluated by the Child &Adolescent Psychiatry Clinic at Grady Hospital andthereafter began individual therapy.

Meanwhile, it became clear to the professionalsinvolved in the two cases that Ally and Jessie’s motherwas indeed abusing illegal drugs. She was tested byDFACS. The results of the test were positive for cocaine.DFACS then placed her in an outpatient substance abusetreatment program, which she attended regularly. With themother’s permission, Jessie moved in with a family friendwhile the mother worked on straightening out her ownlife.

The outcome of this double case was positive: withJessie and Ally’s mother in treatment, Ally’s schoolattendance improved significantly and her tardinessdropped dramatically. Jessie’s school attendance im-proved significantly as well.

Con clusionThe Truancy Intervention Project has been tremen-

dously successful in Fulton County, but it is not meant tobe kept a secret. In fact, an adaptation of TIP has beensuccessfully utilized by Judges Robert Rodatus andStephen Franzen in Gwinnett County. Discussions areunderway to share the TIP model in other jurisdictions.The tax-exempt legal entity that supports TIP, which isknown as Kids In Need of Dreams, Inc., has created apresentation that it shares with other counties to showhow the program can work in any environment. One ofthe founders of TIP, Terry Walsh of the law firm Alston &Bird, has remarked that a primary goal for TIP now is to“export” the concept throughout Georgia. Walsh ob-served: “Unfortunately, no one has a monopoly on schoolfailure,” whether the schools are in urban, suburban orrural areas.

Likewise, school success is something everyonewants. While school failure can lead to teen pregnancy,delinquency, victimization and unsafe communities,school success can lead to productive lives and a power-ful measure of happiness, outcomes of which everyone inthe community can be proud. Programs like TIP canmake a real difference in a child’s life, a parent’s life andthe volunteer attorney’s life. Pro bono efforts like TIP area credit to the attorneys who serve in them and to thecommunities in which they are offered. To learn moreabout how to start a Truancy Intervention Project in yourcounty’s Juvenile Court, please contact JessicaPennington, Executive Director, Kids In Need Of DreamsInc. at (404) 584-9500 or Terry Walsh at (404) 881-7161. U

Associate Judge Sharon N. Hill was appointed by former Chief Judge

Glenda Hatchett of the Fulton County Juvenile Court in 1997. Prior to

her appointment, she practiced at Sutherland, Asbill & Brennan,

Troutman, Sanders, and was a staff attorney at Atlanta Legal Aid Soci-

ety. She received her B.A. degree from Williams College in 1981 and her

J.D./MBA from Emory in 1985. In addition to her other duties, she hears

all cases assigned to the Truancy Intervention Project.

Judge Hill extends a special “thank you” to TIP Probation Officers Penny

Wright and Harry Hudson for contributing case examples for use in this

article.

En dn otes1. THE DEVELOPING PERSON THROUGH THE LIFE SPAN, Berger, 4th

ed. (1998), at 454 (citing Kupersmidt, J. B., Coie, J. D.(1990): Preadolescent peer status, aggression, and school ad-justment as predictors of externalization problems in adoles-cence, Child Development, 61, 1350-62; Moffitt, Terrie E.(1993): The neuropsychology of conduct disorder, Develop-ment and Psychopathology, 5, 135-51; Sampson, Robert J., &Laub [sic], John N. (1993): Crime in the making: Pathwaysand turning points through life, Cambridge, MA: HarvardUniversity Press.).

2. Id., (emphasis in original).3. Please note the names and situations described in this article

are not actual names and situations, but are merely based oncases we have seen.

4. The Compulsory School Attendance Law (O.C.G.A. § 20-2-690.1) also attaches to “[a]ll children enrolled for 20 schooldays or more in the public schools of [Georgia] prior to theirseventh birthday . . . .” O.C.G.A. § 20-2-150(c).

5. PeachCare for Kids is health insurance for the children of theworking poor. The premiums are only $7.50 per month perchild and not more than $15.00 per month per family regard-less of the number of children in the family. Children underage 6 are covered free of charge. Applications can be ob-tained by calling toll-free 1-877-GA PEACH (1-877-427-3224).


On November 30, 1999, Major GeneralWilliam Moorman, Judge AdvocateGeneral for the United States Air Force,gave approval for Robins Air Force Baseto conduct a test program allowing Air

Force attorneys to represent military personnel and theirfamilies in civil court. The test program, called theExpanded Legal Assistance Program or ELAP, marks awatershed for the Air Force Judge Advocate General’sDepartment. It is the first time Air Force attorneys havebeen permitted to enter appearances in connection withprivate civil litigation involving individual militaryclients in judicial or administrative proceedings.

The Air Force has long had a program to providelegal advice on personal, civil legal problems to airmen,military family members and military retirees. Eligibleclients receive wide-ranging legal services includingassistance with wills, living wills, powers of attorney,notary services, dependent care issues, Soldiers’ andSailors’ Civil Relief Act issues, veterans’ reemploymentrights, casualty affairs, landlord-tenant and lease issues,and tax matters. However, until ELAP, Air Force attor-neys were prohibited from representing their clients in a

Airmen Gain AccessTo Georgia Courts

By Colonel Fraser B. Jones Jr.

state court or administrative proceeding.ELAP is a program that promotes equal access to

justice. It is intended to make state courts accessible tomilitary members who would otherwise have difficultyobtaining legal representation. In doing so, ELAP helpsensure that important legal matters confronting its juniorenlisted personnel are not ignored. For those whoseeconomic situation affords them the least access toGeorgia’s court system, ELAP affords equal representa-tion, and thereby greater opportunity.

Active-duty members serving in the grade of E-4(senior airman) or below, their immediate family members,and active-duty members who qualified for earned incomecredit on their last federal income tax return will be eligibleto receive legal services under ELAP. In developing eligibil-ity guidelines, the Robins Air Force Base Legal Officelooked to the financial guidelines followed by the GeorgiaLegal Services Program. Approximately 18 percent of thenearly 5,000 clients seen by the Robins Air Force BaseLegal Office each year fall within this range.

Phyllis J. Holmen, Executive Director of the GeorgiaLegal Services Program, has indicated that her agency’sregional offices often receive requests for assistance from

P R O B O N O

25J U N E 2 0 0 0

members of the military or their families; and, whileLegal Services provides what help they can, their re-sources are not enough to totally meet this need. TheRobins Air Force Base program should help to fill thatvoid. With the approval of Robins Air Force Base as theAir Force’s test base for ELAP, the authority to providegreater and better representation for the most financiallyvulnerable service members has been enhanced.

The types of civil court actions that will be handledunder ELAP have been narrowed to those best suited to

the needs of military clients and the Air Force, in light ofthe resources available to support the program. Air Forceattorneys will be authorized to represent clients in land-lord-tenant, breach of contract and consumer affairs casesin Magistrate Court; guardianships, probate and adminis-tration of estates, application for years’ support in ProbateCourt; and uncontested adoptions, name changes, legiti-mations, and paternity actions in Superior Court. ELAPdoes not extend to representation of clients in any form ofcriminal proceedings, divorce cases, or personal injuryactions. All cases will be handled by civilian attorneysemployed by the Air Force at Robins Air Force Base whoare members of the State Bar of Georgia.

In January, representatives from the Robins Air ForceBase Legal Office met with Houston County judges andrepresentatives of the Houston County bar including Hon.George F. Nunn, Chief Judge of the Houston CountySuperior Court; Hon. Janice Spires, Judge of the HoustonCounty Probate Court; Hon. David M. Pierce, ChiefJudge of the Houston County Magistrate Court; Hon.Brenda H. Morton, Judge of the Houston County Magis-trate Court; H.J. Walker III, President of the HoustonCounty Bar Association; Michael E. Monohan, Director,

The Pro Bono Project, State Bar of Georgia; and JudyDavenport, Domestic Relations Coordinator, GeorgiaLegal Services Corporation, to discuss ELAP. The RobinsAir Force Base program received the unanimous supportof everyone who attended the meeting.

The value of the program was clearly demonstrated inthe first case handled by the Robins Air Force Base LegalOffice. The case involved a military family with a child bornout of wedlock in a Western state. The family desired tolegitimize the child but needed the appropriate court order

authorizing a change in the child’s birth certificate. DebbyStone of the Robins Air Force Base Legal Office handledthe matter through an uncontested legitimation action in theHouston County Superior Court. The filing was quicklyaccomplished and the court order followed promptlythereafter. The military family was extremely appreciative ofStone’s representation in that matter.

The Robins Air Force Base Legal Office is genuinelyexcited by the opportunity to lead the way in developingnew and better legal services for the active-duty men andwomen of the United States Air Force. U

Colonel Fraser B. Jones Jr. is currently assigned as the Staff Judge Ad-

vocate of the Warner Robins Air Logistics Center, which is the largest

industrial complex in the State of Georgia. His principal responsibilities

include supervising a staff of 38 attorneys and paralegals who provide

legal support for all Air Force operations there. Colonel Jones is a 1976

honors graduate (economics) from Michigan State University, and a 1979

graduate (J.D.) of New York Law School. He received his commission

under the Air Force Direct Appointment Program in April 1980. Colo-

nel Jones earned a masters of law degree in labor law as an Air Force

Institute of Technology student in 1989, graduating from the Georgetown

University Law Center with distinction.

The authority to provide greater an d better represen tation for the mostfin an cially vuln erable service members has been en han ced.


There are about a million people in Georgialiving at or below the federal poverty guidelines, most living not in theshadows of Atlanta’sskyscrapers but in our

smaller cities and towns. They have theirshare of landlord/tenant and consumerproblems. Domestic violence remainsentrenched. The aim of civil legalservices and coordinated pro bonoprograms is to meet these most criticalpersonal legal needs of low-incomeGeorgians. Until recently, the pro bonocommunity has overlooked anotherpressing need: community economicdevelopment. Business lawyers can helpbuild communities by volunteering to belawyers for the poor, handling legalmatters associated with economicdevelopment and microenterprise efforts.

Georgia’s nonprofit sector is healthyand growing. According to the Georgia

P R O B O N O

Is This Any of YourBusiness?

By Mike Monahan

Nonprofit Resource Center, Georgia is home to 14,155active charitable organizations.1 Georgia’s nonprofit

community is comprised of arts organi-zations, child care, health and educationprograms – the full range of commu-nity-centered activities. The top one-third in terms of organization budget isdistributed over 138 of Georgia’s 159counties with over one-half located inmetro Atlanta alone.2 . Thus, rural areasof Georgia lag behind the rest of thestate in nonprofit activity that drawsoutside capital, improves the commu-nity, and increases work and entrepre-neurial opportunities. Lawyers in ruralGeorgia and in Atlanta can, however,make a difference and correct thatsituation.

In 1997, the State Bar of Georgiacreated the A Business CommitmentCommittee. The goal of this committeeis to encourage business lawyers to

Cora Johnson and her DollProject were helped by the ABCCommittee.

27J U N E 2 0 0 0

volunteer their time by handling legal matters for emerg-ing or existing nonprofit businesses serving the poor, orfor microenterprise efforts within the low-income com-munity. The Committee works hand-in-hand with GeorgiaLegal Services in an effort called the “ABC Project,”which matches volunteer lawyers and community-basedgroups. Numerous community-based organizations haveemerged recently in response to state and federal welfarereform initiatives. Many of these groups will seek non-profit organizational status, but because of their nature,many existing Georgia nonprofit organizations andemerging organizations lack the resources to obtainnecessary legal counsel. Many more are unaware thatthey may have a legal issue. Many nonprofit organiza-tions, rushed into creation, need legal audits and adviceon corporate restructuring. Volunteer lawyers handle suchmatters as incorporation, tax exemption, real propertyissues and contracts, as well as just about any legal issuearising in the business context.

The Georgia ABC Project is a model pilot project of

the American Bar Association Section on Business Lawand uses all volunteer lawyers, from solo practitioners tolawyers from small, medium and large firms. Through astructured, coordinated pro bono program like the ABCProject, business lawyers can provide assistance toindividuals that otherwise may not be able to afford legalcounsel. To volunteer, please contact the State Bar ProBono Project at (800) 334-6865 or via e-mail [email protected]. U

Mike Monahan is the Director of the State Bar Pro Bono Project. The

Pro Bono Project’s mission is to involve volunteer lawyers in the coordi-

nated delivery of legal services. He works with the Bar’s Access to Jus-

tice Committee and the A Business Commitment Committee.

En dn otes1. Snapshots: Georgia Nonprofits, NONPROFIT GEORGIA (Non-

profit Resource Center, Atlanta, Georgia) Winter 2000, at 6.2. Id. at 8.

S. Ga. Medationpickup 4/00 p7


Currently, more than 1.5 million children inthe United States are being raised by theirgrandparents. Whether it is because theirparents are addicted to drugs, are abusive,or are hospitalized, these children have

found security and a stable home only by living with theirgrandparents. Such family arrangements, however, faceproblems that are often difficult to overcome. Fortunately,in Georgia, the Grandparents Project—which providespro bono legal services to “skipped-generation” fami-lies—is available to lend a helping hand.

This article discusses the problems facing “skipped-generation” families, explains how the GrandparentsProject got its start, and discusses the impact the Projecthas had to date.

The Problems Associated with“Skipped-Gen eration ” Families

However loving grandparents may be, the addition ofa rambunctious toddler or a growing adolescent to a

The GrandparentsProject

A Pro Bono Collaboration Between The AtlantaLegal Aid Society and Kilpatrick Stockton

By Steven Gottlieb and Karen Steanson

“retired” household can be both a financial and anemotional strain on the entire family. The voraciousappetite of a fourteen-year-old boy, who guzzles down aquart of milk without taking a breath, can devastate asmall Social Security income. Many grandparents wholive on fixed incomes have been forced to stretch theirlimited means to feed, shelter, and clothe several children,as well as themselves, sometimes over a period of years.Furthermore, children who come to their grandparentsunder traumatic circumstances often need special psycho-logical counseling or physical treatment to overcome theirrough beginnings in life, and such treatments can becostly.

In addition, the legal relationship of the “skipped-generation” family is often unclear or vulnerable. In manycases grandparents lack the legal authority to make deci-sions about the children’s educational and medical needs.And, if legal protections are not in place, there is always thefear that the abusive, unfit parent may try to remove theirchild without warning from the grandparents.

P R O B O N O

29J U N E 2 0 0 0

The Gran dparen ts Project is BornFor several years, lawyers at the Atlanta Legal Aid

Society’s Senior Citizens Law Project, which focuses onthe problems faced by people over 60, had noticed anincreasing number of grandparents who were strugglingto care for their grandchildren. Government censusdata—which showed that the number of children beingraised by their grandparents increased by one-thirdbetween 1990 and 1994—convinced these lawyers thattheir observations were not anecdotal. The data alsoshowed that more of these families live in the South thanin all otherareas of thecountrycombined.

To help itsclients whohad taken onthe responsi-bility ofcaring fortheir grand-children, theAtlanta LegalAid Societycreated theGrandparentsProject toprovide themlegal assis-tance. TheProject startedon a part-timebasis throughthe SeniorCitizens LawProject. In1998, supportfrom severallocal founda-tions allowed the Grandparents Project to be assigned afull-time attorney, Monoka Venters, who not only handledcases herself, but developed a corps of volunteer attor-neys trained to take cases that she had screened.

The project was really able to blossom after RichardA. Horder, a partner at Kilpatrick Stockton, persuaded hisfirm to adopt the Project as a major pro bono commit-ment. The firm sponsored three training sessions thatwere conducted by Ms. Venters during the first year of theprogram for volunteer attorneys. The 24 attorneys thatgraduated from these sessions include six attorneys from

Georgia Legal Services Program, who will handle adop-tions in other Georgia cities.

The focus of the training is to teach the volunteerattorneys about adoption, custody orders, and guardian-ship procedures. By using these tools, the volunteers canhelp their clients formalize their family relationship.

The Positive Impact of theGran dparen ts Project

Through adoption, many grandchildren becomeeligible for financial support and continued Medicaid

through theState AdoptionAssistanceProgram.Instead ofTemporaryAid to NeedyFamiliesbenefits,which are$150 permonth for onechild, $235 permonth for two,and $280 permonth forthree, Adop-tion Assis-tance providesa monthlystipend of over$340 per child.If the grand-parent isreceivingSocial Secu-rity retirementbenefits, thechildren can

become eligible for Social Security benefits, too. In atypical case where three children are adopted, the familyincome can increase from under $1,000 to over $2,000 amonth. This, of course, can have a dramatic impact on thefinancial security of the family.

Through adoption, a “skipped-generation” family canalso gain emotional security. Until the grandparents adopttheir grandchild, the grandchild’s parent can alwaysdemand that the grandchild be returned to them. This can

Willie Mae Parker with her granddaughters, Ciara Monae Tyler and Jazma Parker,a “new” family formed with the help of the Atlanta Legal Aid Society.



P R O B O N O

The question is often asked by both paralegalsand attorneys – what can paralegals do toassist with the delivery of pro bono legalservices? The answer to that question islimited only by statute.

The best way for a paralegal to become involved withpro bono activities is to join a local paralegal association.The National Federation of Paralegal Associations Inc.(NFPA), which has 56 member associations and repre-sents over 17,000 paralegals nationwide, is the oldest andlargest national paralegal association in the United States.Many NFPA member associations have formal pro bonoprograms and pro bono chairs who can provide paralegalswith extensive information on organized pro bono pro-grams in the local community. Contact information forlocal NFPA paralegal associations and additional infor-mation on the NFPA Pro Bono Program may be found atwww.paralegals.org.

If there is not a paralegal association in the local area,paralegals should contact the local bar association or locallegal aid office for more information on becominginvolved in a pro bono program. Many paralegals alsoparticipate in pro bono activities as part of an employer-

Paralegals andPro Bono

By Laurie R. Mansell

sponsored pro bono program.The majority of paralegals who participate in pro

bono activities assist in the area of family law. Thisincludes, for example, assisting with preparation ofprotection from abuse complaints, determining financialeligibility for pro se litigants, supervising a court-orderedparent-child visitation or acting as a court-appointedspecial advocate for children. The assistance of paralegalsin the family law pro bono area has become crucial toproviding access to justice for many low-income indi-viduals. These more traditional pro bono activities alsohave gained recognition for paralegals and the professionwith bar associations and the judiciary.

The ABA Comprehensive Legal Needs Study,however, estimates that while 59 percent of pro bonoinvolvement focuses on family law, there are great unmetlegal needs in housing, health, employment, community/regional problems and finance/consumer problems. Andparalegals are responding by participating in many otherpro bono activities as well.

In Maryland, for example, paralegals are trained asadvocates who may appear before district justices onbehalf of indigent clients in landlord-tenant disputes.

31J U N E 2 0 0 0

Paralegals in Connecticut, working in cooperation withthe local utility company, assist low-income individualsin obtaining reduced-cost utilities. Other paralegals inNew York act as precinct captains for school districts thatare teaching students about good citizenship and thevoting process.

Still otherparalegals helpresidents ofhomeless shelterssort out legalproblems throughintake interview-ing and screening,assist at AIDSclinics or nursinghomes with thepreparation ofwills and otherestate documents,work with smallbudget nonprofitorganizations tohelp them incorpo-rate, assist new orstruggling artistswith intellectualproperty matters,perform legalresearch on behalfof legal clinics thatservice mentally illclients, or com-plete often incom-prehensiblepaperwork atimmigrationclinics.

Paralegals alsobecome involvedwith case investi-gation and moni-toring, coordination and development of legal educationclinics and the development and maintenance of manualsand training references. And, too, environmental andcitizens groups utilize the skills of paralegals on a probono basis, as do bankruptcy clinics and organizationssuch as holocaust survivors and the American CivilLiberties Union.

Of course, as mentioned earlier, imagination istempered by statute even when it comes to the delivery ofpro bono legal services. Paralegals always must be aware

of unauthorized practice of law statutes in whicheverjurisdiction they are participating in pro bono activities.

That being said, however, pro bono is an area whereparalegals have the greatest opportunities for an expandedrole. Pro bono resources are often scarce and the need sooverwhelming that paralegal participation is welcomed

and additionalresponsibilitiesoften assigned.

Whether aparalegal wants tobranch out andlearn about a newarea of the lawthrough pro bonotraining providedby pro bonoproviders or localparalegal associa-tions, or enhanceskills and opportu-nities in a currentpractice area, probono activities canbe the avenue toprofessionalgrowth and recog-nition, whileserving those in thecommunity thatmight not other-wise have access tothe justice system.

For moreinformationregarding NFPA,its history andpositions onvarious issues, seeStatement onIssues Affecting theParalegal Profes-

sion, which can be found in electronic format at:www.paralegals.org or contact: NFPA at P.O. Box 33108,Kansas City, MO 64114-0108. (816) 941-4000. Fax:(816) 941-2725 or [email protected]. U

Laurie R. Mansell, RP, is the NFPA Pro Bono Coordinator and the recipi-

ent of the 1999 Pro Bono Award sponsored by The Affiliates and NFPA.

She is the immediate past president of the Pittsburgh Paralegal Associa-

tion, where she currently serves as the NFPA Primary Representative.


Georgia LegalServicesProgram

AbbevilleDavid MorganAlbany(Sponsored by The

Dougherty CircuitBar Association)

Eugene Black, Jr.Valerie Brown-

WilliamsWilliam CannonGreg ClarkCawthon CusterSamuel EngramWilliam ErwinGregory FullertonWalter KelleyRodney KeysMichael S. Meyer von

BremenBritt PriddyRalph ScoccimaroAlmaFrank GonzalezAlpharettaDaniel MitnickAmericusCecelia CooperBenjamin F. Easterlin, IVGeorge R. Ellis, Jr.AshburnStephen IvieAthensBrian CarneyStan DurdenJames R. GrayJames S. GrimesBarry IrwinJohn KuprisBen ParkerGeorge PetersWilliam SotterAtlantaJeremy ArkinPamela AtkinsWilliam DyerAlysa FreemanAmy GrovesMichael LambrosFelix MoringVicky NorridBruce WalkerAugustaJeffrey S. BowmanGeorge D. BushJ. Patrick ClaiborneLisa L. ClarkeJean ColohanDouglas J. Flanagan

Pro Bono Honor RollThe Pro Bono Project of the State Bar of Georgia salutes the following attorneys, who demonstrated theircommitment to equal access to justice by volunteering their time to represent the indigent in civil probono programs during 1999.

Benjamin KayLeon LarkeJohn B. LongJennifer McKinzieWilliam J. MarcumRichard T. PachecoEvita A. PaschallMarilyn ProtzellerCatherine V. RyanBarnesvilleTamara JacobsBrunswickRobert Flay CabinessDenise S. EssermanPatrick J. FetterNewell M. Hamilton, Jr.Kristi E. HarrisonEugene HighsmithKaren M. KriderEllen M. MayoueSteven L. MorganHolle Weiss-FriedmanJames A. Yancey, Jr.BufordMarion Ellington, Jr.CalhounBarry BentonCarrolltonMichael FlinnCharles PinkardChristopher ScottGreg ShadrixAllen Trapp, Jr.CartersvilleKelley DialDon EvansChristina StahlCedartownBillie CraneChattanooga, TNCharles G. Wright, Jr.ColquittDanny GriffinColumbus (Sponsored by TheColumbus BarAssociation)

William AreyJacob BeilGary O. BruceJoyce BusseyLeslie P. CohnLarae A. DixonWilliam A. EdwardsWalter L. FortsonKimberly C. HarrisMaxine HardyKenneth M. Henson, Jr.Ronald S. IddinsRobert K. ImperialGary L. JohnsonThomas C. Kearns

Ernest Kirk, IITony KitchenClay D. LandElizabeth McBrideBemon G McBride, IIIAshley Cooper

McKennaJohn R. Mobley, IIElizabeth S. MorganDonald W. Morgan, Jr.Ted D. MorganWilliam Nash, IIJohn H. Nix, IIIJohn P. PartinWilliam C. PoundHouser PughPedro QuezadaAlan F. Rothschild, Jr.William RumerRonald W. SelfAngela SellersJ. Mark ShelnuttLarry L. TaylorHillman ToombsWilliam TuckerJoseph W. WileyDorothy WilliamsRobert D. WilsonRichard B.

Zimmerman, Jr.Conyers(Sponsored by The

Rockdale CountyBar Association)

Nancy BillsWilliam LavignoJohn MartinAlbert MyersJohn NixPaul OelandRichard SchlueterMichael WaldropCordeleClifford HarpeCorneliaJames R. AcreyCovingtonRonnie CowanJohn DegoniaReed EdmondsonDonald KellyMario NinfoMichael WalkerCummingThomas P. KnoxDahlonegaDean GrindleDallasJudy Shurling

Dalton(Sponsored by TheConasauga BarAssociation)

J. Raymond BatesScott CunninghamTommy GoddardRobert D. JenkinsM. Cindy MorrisMatthew ThamesKaren Luffman WebbDanielsvilleLane FitzpatrickDale PerryDawsonWilbur Gamble, IIIDonaldsonvilleWilliam ShinglerDouglasClyde W. RoyalsDouglasvilleLeonard DanleyVictoria EmbsEllene WelshDublinRocky AdamsJacquelyn SandersEastmanJohn P. HarringtonElbertonPatricia S. BryantJohn M. ClarkEllenwoodBetty Williams-KirbyEllijayRobert M. RayFayettevilleMichael MaxwellLeonard PresbergFitzgeraldRobert Chasteen, Jr.Fort OglethorpeSteven G. MooreGainesvillePalmer AnsleySusan D. BrownThomas M. CalkinsMichael R. CasperWilliam HardmanCatherine H. HicksTroy MillikanFred V. WestberryChristopher W. WillisGriffinTim CramerDon TaliaferroHartwellJoanna B. HannahHiramDonald DonovanRandall Williams

JeffersonJoseph H. BoothDonna S. GoldenWalter B. HarveyThomas E.

McCormackJesupGrady W. HenryW. Jefferson HiresAlvin J. LeaphartLaFayetteWilliam Davis HentzLaGrangeDavid Alan FowlerLee R. HastyLuther W. JonesRicardo G. SamperFrank ThorntonLakelandMolly Suzanne

MathisJohn W. Strickland, Jr.LawrencevilleRandall F. ForesterDon GaskillLeesburgWilliam Oakes, IILouisvilleH. Brannen BargeronMacon(Sponsored by The

Macon BarAssociation)

Danny AkinNancy AtkinsonJames AvantThomas BohanPamela Boylan-HillJosephine Bryant-

JonesMichael CarpenterBrian CauseyPaul ChristianCharles Cork, IIIDonna CulpepperKaren DanielsShelley DavidsonRobert O. DavisJeanna FennellDiane FlynnAndrew S. FosterRobert FricksMiguel GarciaKathleen HallKevin HallJeffrey B. HansonSarah HarrisThomas W. HermanRoxanne HinsonThomas HinsonThomas JarrielMary Katz

Richard KatzJohn FlandersKennedy

A. G. KnowlesAllen LawsonHubert LoveinRobert Malone, IIIWilliam MatosKirby R. MooreDarryl MortonWayne MoseleyStacey NesterAnn parmanRudolph PattersonWilliam D. PhillipsSandra J. PopsonJason PriebeBradley PylesJohn ReevesRobert A. B. ReichertRhonda Roell-TaylorEd Sell, IIIRobbin Shipp-MatosMargrett H. SkinnerJohn StraussSusan TeagueRichard ThorntonBryan TillerJoy WebsterCarl WestmorelandShannon WilliamsMaxwell WoodsJeff YazinskiMariettaRachael CrowMartinezStephen H. HaglerSusan M. ReimerMaysvilleJohn KnightMilledgevilleAngela Emersonthomas O’DonnellWayne RogersMonroeCharles DayMelanie MetcalfMonticelloTimothy LamMoultrieJon Vincent ForehandMickey EugeneWaller

NewnanJonathan HickmanIke HudsonRobin MayerDoris OrleckPeachtree CityLisa RichardsonPearsonWilliam A. King

33J U N E 2 0 0 0

Powder SpringsJames HindmonRinggoldLawrence StaggRome(Sponsored by TheRome BarAssociation)

Paul Ray CadleTimothy CrouchFloyd FarlessVirginia HarmanRegina WilsonSandersvilleThomas J. O’DonnellSavannah(Sponsored by TheSavannah BarAssociation)

Kathleen Aderhold’Norman C. AndersonSolomon A. AmusanNancy AskewKaren Dove BarrLangston T. Bass, Jr.Thomas R. BateskiCharles W. BellJames B. Blackburn, Jr.Frank P. BrannenRobert B. Brannen, Jr.Dana F. BraunKenneth “Chip” Cail, Jr.Dolly ChisholmAmy Lee CopelandDorothy W.Courington

Clarence Cuthpert, Jr.Brian DalyCharles M. DalzielRichard M. DardenRobert J. DuffyGwendolyn Fortson-Waring

Joseph M. GannamJ. Hamrick Gnann, Jr.Charles C. GrileRichard J. HarrisArvo H. HenifinJohn M. Hewson, IIIWilliam F. Hinesley, IIIEdward HughesLeamon R. HollidayKathleen HorneGeorge M. HubbardWilliam T. HudsonMartin S. JackelG. Terry JacksonLester B. Johnson, IIIJ. Stephen LewisCharles V. LonconMalcolm MackenzieJanna MartinAlbert MazoChristine T.McDonnell

Richard C. MetzBurton F. MetzgerShari S. Miltiades

Diane MorrellGary Michael

NewberryPatrick T. O’ConnorVirginia E. PattersonPatricia T. PaulJanice PowellKran RiddleChristopher RouseMichael G. SchiavoneWilliam W.

Shearouse, Jr.Robert B. SimontonChristian J.

Steinmetz, IIIKevin J. StreetBridget D. SwingLeonard M. TrostenJ. Soctt VaughanJanice WahlJ. Reid Williamson, IIIWillie T. Yancy, IISnellvilleDanny LudwigSt. MarysHarold R. MorozJohn S. MyersStockbridgeMichelle Boyd ClarkSummervilleAlbert C. PalmourSylvaniaEvelyn S. HubbardThomastonAlan ConnellBen T. Smith, Jr.Don SnowThomasvilleRoyal A. McGrawJohn G. RunyanTiftonBetty Walker-LanierToccoaRussell W. SmithWillie J. Woodruff, Jr.ValdostaKimberly BallardJohn R. BennettPauline Carter

CouncilLaverne Lewis

GaskinsPatricia McCorvey

KarrasVernita Laverne LeeFloyd MoonJames Gostin

Tunison, Jr.VidaliaSarah Tipton-DownieWarner RobinsWilliam John CampDanielle HynesGail RobinsonKeith SalmonCharles TaylorRandy Wynn

Wayne YanceyDiane M. ZimmermanWashingtonM. V. BookerWatkinsvillePatrick BeallJames M. GreenWaycrossRebecca R. CrowleyMartin H. EavesWilliam R. Little, IIIHuey W. SpearmanJohn D. Staggs, Jr.Talethia R. WeekleyWinderJohn D. RussellWoodbineCatherine M.DiLorenzo

Attorneys WhoVolunteered

through the ProBono Project in

1999

AlbanyEugene C. Black, Jr.Joseph W. DentWillie C. WeaverAthensDonarell Green, IVAtlantaBradley T. AdlerJ. Michael BrownCaren Elayne CloudPatrick C. DiCarloJ. Allen DoughertyMelvin DrukmanMichael A. EdmundsAlysa FreemanScott F. FriedlanderJohn HanuszDouglas A.Henderson

Shelley HildebrandGilbert HolzerRobert S. HuestisE. Jewelle JohnsonStephen KaplanMaribeth KijowskiKaren Lautz KroppMichael LaScalaSherry NealDavid E. OlesErik H. OlsonYinka OmoleJennifer PotterJames RayisStacey ClarissaRobinson

Phillip B. RussellTacita A. Mikel ScottAndrew SurdykowskiBrian S. TatumE. Y. TeagueLauren E. WagnerBruce Walker

Bettina YipAugustaA. J. Kilpatrick, IIKipler S. LamarSamantha G. SteffenA. Stephenson

WallaceAvondale EstatesAnne P. MaynardBirmingham, ALEden Brown GainesBrunswickR. Flay CabinessRobert M.

CunninghamCartersvilleDeborah OwensChattanooga, TNTammy Owens

CombsCollege ParkDelisa WilliamsConyersKim KingDaltonRobert D. JenkinsEast PointValerie AdamsFayettevilleLeonard PresbergGainesvilleMarcia A. CookFred V. WestberryHawkinsvilleDavid VenableKennesawA. B. ClementsLawrencevilleHarold M. HubbardLithia SpringsRory StarkeyMaconE. Angela EmersonJohn D. ReevesMariettaRachel L. CrowManjunath GokareMartinezSuzanne GuidoNorcrossGlenn E. CooperBret T. ThrasherRoswellPamela AtkinsSmyrnaChaundra D. LewisStone MountainJamie HollimonToni G. McDowellSwainsboroKathy S. PalmerTallahassee, FLMichael CavanaughTiftonLarry B. MimsTuckerRobert L. Osteen

ValdostaKimberly M. BallardVidaliaD. Duston Tapley, Jr.WatkinsvilleBryndis RobertsWaynesboroJerry M. Daniel

AtlantaVolunteerLawyers

Foundation

AlpharettaElyse AussenbergStephen F. DermerTara McNaullBrad SchoenfeldAtlantaAlfred B. Adams IIIAmy K. AlcokeJan AllenCarsten AltingPrecious AndersonMoore

W. ChristopherArbery

Lisa ArentJulie ArpKathrine ArringtonSusan ArringtonWilliam R. Asbell, Jr.Mike AthansSonia F. AudaG. William Austin IIIAndrea L. BaileyEmily S. BairMark A. BakerLisa L. BallentinePatricia T. BarmeyerRobert BarnabySidney BarrettAngela BattersonNancy BaughanStanley BaumPaige BeadlingR. Daniel BealeKenneth BehrmanJeff BergAmy BergeronBetty Green BermanChristopher BerneyKaren BernsteinJ. Stephen BerryKenya D. BerryMatthew BerryLisa Radtke BlissSimon H. BloomBridget BobickJeffrey B. BogartTeresa ThebautBonder

Rachel BoringRon BoyterPhillip A. BradleyWayne N. Bradley

Jeffrey O. BramlettLisa BranchAlison BrantleyRichard H. BrodyMichael E. BrooksBettina BrownFrank O. BrownIvory T. BrownTimothy W. BrownW. Jeffrey BrownJames S. BruceJohn Patterson

BrumbaughAllen BuckleyCarol L. BuffumCarin BurgessLisa S. BurnettKaye W. BurwellAnnarita McGovern

BusbeeKathlynn L. ButlerTorris ButterfieldDean CallowayCourtney C. CampStephen L. CampSally CannonDavid S. CarteeJay CastleKathryn CaterDavid L. CatesDoug ChalmersHenry ChalmersSusan ChiapettaBetsy ChoderHan C. ChoiJeremy E. CitronCharlotte K. ClarkJ. Keith Coates, Jr.Larissa M. CochronJason H. CoffmanWalter CohenMark ColeSean J. ColemanKatrenia R. CollinsJoyce ColmarCharlotte CombreMarissa G. ConnorsDouglas CookDonald L. Cook, Jr.Robert E. CoppsMarsha D. CourtrightCeleste CreswellSteve CurtisJohn J. DaltonLauren DanielsonDavid DardenLinda DayWilliam de GolianShelli N. de RoosGeorge R. DeanPatrick DeeringBruce DelMonicoCarolina Den Brok-

PerezJennifer DeSimoneFrank A. DeVincentAudra A. Dial

Pro Bono Honor Roll


Nikola R. DjuricRich DolderAlex J. DolhancykArt DombyLeigh DowdenMelvin DrukmanMichael DubusJohn A. EarlesSterling P. EavesDeborah EbelKurt D. EbersbachC.T. Ejisoby-NwosuDonald J. EllisRobert A. ElsnerMarian ExallNeil D. FalisGuanming FangRebecca D. FarberJoe FarrellCharles E. FeussClaire FishmanDavid FosheeAnne FranklinElizabeth Frazier-MayScott E. FriedlanderToni FriessEric J. FrischKaren D. FultzRichard GaalemaRichard GameAdam R. GaslowitzGeorge GeeslinCarol GeigerDavid GheganTiffany GilbertJenny GillonMonica K. GilroyNeil GinnRebecca GodbeyM. Debra GoldDavid GoldenJulia GonzalezDale R. F. GoodmanAndrea GoodrichSchuyla GoodsonJoseph J. GottliebJamie GravesPaul GrecoRegan GreeneNancy Levy

GrossmanCheri A. GrosvenorAmy E. GrovesAndrew C. HallChristopher B. HallRoger B. HandbergCarrie A. HanlonJohn HarbinSarah HardySteven W. HardyPeter HasbrouckStewart HaskinsD. Tully HazellMark HebbelnMary Beth HebertCharlie HennSteven J. HewitsonAnne H. Hicks

Holly HillScott HilsenLydia Mitchell HiltonAllen I. HirschMichael HobbsKimberly HolladayWilliam HolleyJames L. HollisJames E. Holmes, Jr.Dorsey E. HopsonDonald S. HoraceSusan HousenMarc HowardMonica HowardSusan HowickJennifer HuberDan HuffLawrence T.Humphrey

Deborah J. HunterEmily HunterSusan A. HurstNicole M. ImamshahErika N. JacksonGregory JacobsMary JamesRobert E. James IIAnne JarrettAlan R. JenkinsDerek W. JohansonJulye JohnsCharis JohnsonDavid JohnsonDavid V. JohnsonJames JohnsonJonathan JohnsonMichael JohnsonNancy JohnsonTracie JohnsonWill JohnsonAndrea Cantrell JonesLaura JonesLewis B. JonesTracye JonesSeth S. KatzLisa Katz GolodSandra KayeJames H. KeatenKurt KegelLeslie KehoeStephen V. KernRandy KesslerDawn Elizabeth KingJoyce E. KitchensDena R. KlopfensteinD. Keith KnightNaho KobayashiMartha J. KuckleburgJeanney M. KutnerTom LacyPatrick LailJudy LamJohn LamberskiFrank LandgraffWalter LandowHolly B. LanfordW. Scott LaseterNancy F. Lawler

Allegra LawrenceStanley LefcoMichael LeffKimberly LermanAmy LettersJonathan R. LevineRachel LevySarah A. LewisStephen E. LewisScott LiebschutzEdward H. Lindsey, Jr.Ramie Cay LittleRebecca LittletonDavid W. LiuJay E. LoebAlysia LongJames LongTammi S. LongJ. Anthony LoveWillie LovettSarah N. LoweDeborah LubinSusan L. LudiJoseph M. LweinskiCatherine G. LynchAnita LynnCharles W. LyonsDana K. MaineRussell MainesDennis ManganielloJoana P.L. MangumJessica MargolisDavid MarkusJohn T. MarshallShawn MartinSylvia MartinAdrienne MartingLori MarysculkMichael L. MasonRobert B. MatlockWilliam W. MaycockJulie MayfieldJohn C. MayoueDouglas J. McAlpineEmily McBurneyBrendan McCarthyKathie G. McClureRosemarie

McConnellCharles M. McDaniel, Jr.Dan McDevittKenneth P. McDuffieP. Joseph McGeeCarl McGeheeAmy C. McLeanRick McMurtryPaul Mercer, Jr.Chad I. MichaelsonB. Rose MillerGreg MillerJanice MillerPaula R. MillerJohn B. Miller, Jr.Christopher B.

MillnerChristine L. H.

MitchellM. Todd Mitchem

Jenny K. MittelmanKenneth L. MooneyLatonya MooreJennifer MorganMelinda MosleyRob MuethingCatherine MunsonJennifer MurphyNirupa L. NarayanMike NationsJesus NerioElizabeth H. NoeRichard M. NolenJulie T. NorthupMary Ann B. OakleyCeley OgawaUgo OkaforDavid OlesChristopher D.Olmstead

Teresa OuAndy PachmanBenjamin C. PargmanTracy ParsonsRussell PattersonPeter J. Pawlak, Jr.Jacqueline L. PayneCraig K. PendergrastRalph PeralesJoseph PerrottaRobert G. Petix, Jr.Michel PhillipsCharles R. PickeringHolly PiersonKeith A. PittmanJeffery PlowmanEvan PontzRobert C. PortScott M. PorterCarol B. PowellBenjamin H. PruettLouis PughNancy RafuseMichelle B. RapoportRayne RastyBrooks RathetDavid K. RayMichael T. ReynoldsMike RhimTom RhodesRichard RiceWilliam M. RichNicole A. RichardsonKimberly HoustonRidley

Mike RingTina ShadixRoddenbery

Beth E. RogersRupal Naik RomeroPam RoperTeresa WynnRoseborough

Chip RowanThomas SampsonThomas G. Sampson IITed ScartzKenneth H. Schatten

Richard W.Schiffman, Jr.

David SchoenbergMary Jo SchradeBarry SchwarzKevin A. SebertSalmon ShamadJohnathan H. ShortDebra Siert ClineJoel L. SilvermanAngela SimpsonClayton SinclairHoward P. SlomkaHeather SlovenskyAlvah O. SmithLynette Eddy SmithRachel SniderDavid A. SoofianMatthew SoursLee Ann SparksJesse J. SpikesThomas A. SpillmanJohn C. SpinradRobert E. StanleyKeisha SteedBruce SteinfeldDavid N. SternCarla StroblJ. David StubinsDonald L. Swift, IIIJames TabbLaura TallaksenMary W. TapperBrian S. TatumEric J. TaylorJeffrey Michael

TaylorScott E. TaylorRenee TedrickDavid ThatcherTravis ThayerRuby J. ThomasAndrew M.

ThompsonJames R. ThompsonWilliam C. ThompsonThurmond C. Brooks IIIStephanie E. TillmanTorin TogutRusty TolleyJeffrey J. ToneyJennifer TourialPamela L. TremayneLisa TrippCheryl TurnerRenata TurnerJohn G. ValenteShelly ValenteRichard K. Valldejuli, Jr.Jeannine M. Van der

LindenTravis VanceFrank VirginMichael T. VoytekAmy R. WalkerBetty WalkerKent WalkerTom Walker

Connie WaltersKimberly A. WardenJonathan WareJody WarnerJames WashburnKathryn E. WatsonDennis J. WebbE. Adam WebbDavid WebsterDaniel WeedeBeryl WeinerAlice WeinsteinAmy L. WeisbeckerRob WellonTom WestburyFrank N. WhiteKaren D. WildauSusan WilkersonDavid H. WilliamsKaren BrownWilliams

Michael WilliamsJohn Williams, Jr.Chandra P. WilsonDebra WilsonJoseph M. WinterSandra DeniseWitherspoon

Timothy W. WolfeJanet L. WomackW. Swain WoodJohn F. WoodhamLaura WoodsonAngelyn M. WrightScott WrightLela M. YoungLeslie ZacksJeffery ZitronCollege ParkFred EadyDecaturTeresa GarciaStephen M. GibbsYvonne HawksWendell HenryRebecca HoeltingDeborah JohnsonStephanie RiversDonna Rowe-HiblerKatrina V. ShoemakerDavid R. TrippeDoravilleCoral RobinsonDouglasvilleMichelle GozanskyDuluthHolly A. TrenamEllenwoodSharon AdamsJonesboroRichard GenirbergLawrencevilleTyleis DavidsonMariettaKathy LandisBruce R. SteinfeldStephen Worrall

Pro Bono Honor Roll

35J U N E 2 0 0 0

NorcrossJo Ann HolmesPeachtree CityMark OldenburgRoswellLauren AlexanderSean DunnNina J. EdidinMargaret C. GibsonPatricia Sue GloverRobert D. JohnsonJanis L. RosserEileen ThomasStone MountainBeverly L. BullBridgette DawsonRobert W. Hughes, Jr.Terry L. RossSabrina R. ScottTuckerJ. Henry NormanTahira PirainoTimothy J. SantelliWoodstockKathleen A. Kerr

Clayton CountyClayton CountyClayton CountyClayton CountyClayton CountyPro BonoPro BonoPro BonoPro BonoPro BonoProjectProjectProjectProjectProject

AtlantaGary FlackCollege ParkChristine A. VandrossDecaturMatthew CollinsAndrew WilliamsEast PointGlen E. AshmanWillie G. DavisKaren RobinsonScott Walters, Jr.Forest ParkEmily GeorgeSylvia GoldmanJonesboroEmmett J. Arnold, IVAllen W. BodifordBarbara BrileyJohnny CastonedaNan DeeganBilly J. DixonMonroe FergusonPam FergusonDon FosterSteven FreyRichard GenirbergLeslie GreshamDarrell L. HopsonGlen B. Icard, Jr.Randall L. KeenLarry M. MelnickBryon MorganJerry L. PatrickGloria ReedDarrnell ReynoldsMargot RobertsAverty T. Salter, Jr.Arlene Sanders

Lee SextonRonald E. SmithKevin W. SpargerJanet M. TaylorPandora TerryLouise ThomasJoseph M. ToddDavid WalkerHarold WattsJan WattsWilliam W. WestStephen WhiteKeith WoodFred ZimmermanMcDonoughFaye W. HayesMorrowCarl AdcockGreg HechtRiverdaleSandra E. McMillianHillman J. Toombs

DeKalbVolunteerLawyers

Foundation

(Sponsored by theDeKalb BarAssociation)

AtlantaStanley M. BaumKenya D. BerryArthur D. CastleberryR. Peter CatlinJerry CuccinelloDavid E. DandaMelvin DrukmanRichard FarnsworthGeorge R. FerenceGary FlackJeff FlynnD. Joseph GirardotScott HalpernEdwin L. HamiltonCharles F. HicksMary J. HuberJohn Hulsey, Jr.T. Wayne MarshallJames D. McGuireCharles M. MedlinDaniel N. MeyerCharles M. MedlinDaniel N. MeyerAnne H. OrrTahira P. PirainoBeth E. RogersAlbert R. SacksLois D. ShinglerRandie H. SiegelTheodore A. SpeakerBrian S. TatumAnthony ZezimaAvondale EstatesJoe A. WeeksDecaturL. Katherine AdamsRichard S. Alembik

Susan Rebecca BaileyHerman D. BakerChandler R. BridgesPrince A. Brumfield, Jr.Mark G. BurnetteJoAnn D. CollinsJohn P. Cross, IICarl AnthonyCunningham

Teresa M. GarciaStephen M. GibbsDonald HillsmanLaura C. HorlockWilliam T. Hudson, Jr.Kathy E. JarmanMary Brock KerrLawrence R. LandryFredrick C. McLamLarry A. PankeyTeddy R. PriceCarl A. PulsBette ElaineRosenzveig

Michael R. SheppardElliott A. ShoenthalM. T. SimmonsDonald CharlesSuessmith, Jr.

W. Jason UchitelMary WaltonWhiteman

William G. WitcherLawrencevilleRonnie K. BatchelorLithoniaLisa A. PatrickScottdaleGerard D. HegstromSnellvilleWilliam ClintonRhodes

Stone MountainRandy Joan CominsDana M. Harris-Abraham

N. Wallace KellemanTuckerWilliam H. ArroyoCynthia L. HortonWilliam L. SkinnerSandra W. ThorntonMarvin Zion

Georgia LawCenter on

Homelessnessand Poverty

AlpharettaDan MitnickAtlantaRussell S. BondsLance ChernowKatrenia CollinsThomas A. CoxRobert DowThomas A. FarnenLisa Foster

Bruce GaynesJeffrey GolombJohn GreerTucker P. GuerryVictor HaleyChristian HenryCharles B. JonesTim KlobForrest MoradAlice MurtosWilliam G. RothchildWilliam R. WildmanBrad WolffDecaturJames FeagleNewnanRobin MayerSmyrnaGracy Barksdale

GwinnettCounty Pro Bono

Project

AtlantaFranklin D. Hughes, Jr.David C. WillBufordRoger J. BauerMarion E. Ellington, Jr.Dianne FrixStan SunderlandDecaturTeresa M. GarciaDuluthMary A. PrebulaLawrencevilleChristopher T. AdamsBarbara B. BishopJerry A. DanielsChet DettlingerLarry L. DuttweilerTracy MasonJoseph C.

McLaughlinMark MerrittSteven M. ReillyMacklyn A. Smith, Sr.Scott SpoonerNelson H. TurnerMargaret G.

WashburnLawrence Lee

WashburnJack WilsonLilburnAnne Marie LugoLithoniaRobert L. Mack, Jr.NorcrossRichard A. CampbellClark and WashingtonGlenn E. CooperLeighton DemingFred StokesLarry H. TatumSnellvilleCharles P. Giallanza

Clint RhodesStone MountainSteven R. AshbyRobert W. Hughes, Jr.N. Wallace Kelleman

Truancy Intervention

Project

(Sponsored by theAtlanta BarAssociation)

AtlantaC. Michael AbbottBenjamin BangMary BentonE. Thomas Branch, Jr.Samuel BrannanJames BrantleySusan BronstonGigi BuggBrian BurgoonRebecca BurnaughKristen CarpenterRebecca ChristianLynette ClarkRobin ClarkMarsha CourtrightTraci Green CourvilleRufus Dorsey, IVHoratio EdmondsonN. Sandy EpsteinDeborah Gale EvansJerolyn Webb FerrariEdward T. FloydDavid ForbesFannie GilliamPatricia GorhamSherri GravesRuth GreenbergJeff HandlerAlicia HeadBradley HeardChad HendersonOwen HillSusan HimmerOni HolleyTheresa HoodAshley HufftLori HughesRobyn IceAngela Payne JamesMarcell JohnsonEvan W. JonesDawn KingJeanney KutnerRebecca LamberthBob LeeJames LongSusan LudiGib MalmDavid MarminsNatalie MaysMark McCartyReagan McClellanDon MizeGeorge Mori

Neal NewmanPatrise Perkins-

HookerTed PoundMike RaeberJames Rambeau, Jr.Beth SandersRobert StanleyNichole StarrHolly StevensErin StoneRichard StorrsBeth TobermanTed VickTerry WalshRosalind WatkinsBeryl WeinerAmy WeisbeckerShirley WhiteIngrid WhittaerVicki WileyValarie WilliamsKristen WoodVertis WorshamKaren WorthingtonChuck YoungAvondale EstatesSusie KezhCollege ParkDeNorris HeardMoore-Moses IbekweConyersMary KorreDecaturTiffany BoulwareRuby ThomasEast PointValerie AdamsEllenwoodBetty Williams-KirbySharon YoungForest ParkSylvia GoldmanLithoniaRobert MackMariettaMark YunNorcrossBill FletcherJeff MuellerRoswellLois WilsonStone MountainShirley White

Pro Bono Honor Roll


F E A T U R E S

ASSEMBLY PASSES BILL 176

New Data Information Form NowRequired for all Civil Case Filings

By Jerry Garland

EFFECTIVE JULY 1, PLAINTIFFattorneys (or individuals in a pro seaction) will need to complete anadditional form when filing a civilaction or final judgement in aGeorgia superior or state court. Thisis in accordance with Senate Bill176, passed by the GeorgiaGeneral Assembly during the2000 legislative session,which provides fora Civil Filingsand

Dispositions Information Systemrequiring that one of four applicableforms be submitted to the court clerkwhenever a civil case is filed.

The four new forms, which maybe obtained from the superior andstate court clerks or which may bedownloaded from the State Bar ofGeorgia Web site at www.gabar.org/datainfo.htm are: General Civil Case

Filing Information form,

Domestic Relations Case FilingInformation form, General CivilCase Final Disposition form, andDomestic Relations Case FinalDisposition form. In creating theforms, the General Assemblyadopted much of the informationcontained in the Report and Recom-mendations of the 1997-1998 CourtFilings Committee, a special com-mittee created by the State Bar of

Georgia.One of these formsmust be completed

37J U N E 2 0 0 0

The collected data will provide the courts with adatabase of civil action s for case profiles,workload distribution , case coun ts, an d tort data.

in its entirety and submitted to theclerk for every civil case beginningJuly 1. This task should provevirtually effortless for attorneys,however, sinceeach one-page formcontains easy-to-follow directionsand, for the mostpart, may becompleted bysimply placingcheckmarks next tothe applicable information items.The court clerks will provide formsfor pro se plaintiffs.

The superior and state courtclerks will be responsible for routingthis information through the GeorgiaSuperior Court Clerks CooperativeAuthority to the Georgia CourtsAutomation Commission (GCAC).According to Superior Court Judge

Hilton Fuller, chair of the Commis-sion, the collected data will providethe courts with a database of civilactions for case profiles, workload

distribution, case counts, and tortdata. The GCAC will collect,compile, and process the data toprovide reports to the AdministrativeOffice of the Courts for their dis-semination to the judicial agencies,the executive branch agencies asappropriate, and to the GeneralAssembly as requested.

As court automation evolves and

becomes more widespread, themanual processes required by thisand other applications will eventu-ally be performed electronically,

demandinglittle or noeffort on thepart of thefiling attorney.Until then, thesuccess of thisproject de-pends on the

timely and complete cooperation ofeach individual involved. For moreinformation on this subject, go towww.state.ga.us/courts and click onthe Georgia Courts AutomationCommission home page. U

Jerry Garland is the project manager for the

Georgia Courts Automation Commission.

house ad

DavidJoelnew


By Mark Middleton

IN AN ELECTION YEAR WHERElegislators concentrated on educationreform, the State Bar managed tohave a very successful legislativesession in which all of the Board ofGovernors’ legislative proposalswere passed into law. The GeneralAssembly passed State Bar endorsedbills establishing a procedure forcollecting court filing data, revisingthe corporate code, allowing forwaiver of service of process, creatinga state-funded juvenile court, andrequiring Superior Court Clerks tomaintain printed copies of the realestate index. The legislature alsoappropriated extraordinary increasesin state funding for the Court Ap-pointed Special Advocates (CASA)Program, the Indigent DefenseCouncil, Georgia Appellate andEducational Resource Center, andcontinued funding for the Victims ofDomestic Violence Program.

2000 LegislativeAccomplishmen ts

Court Filing Data BaseS.B. 176 creates a procedure for

collecting civil and criminal casefiling data on a statewide basis. Thisinitiative will allow the Bar andpolicy makers to obtain reliable datato consider in matters relating to thepractice of law. The Bar’s legislativerepresentatives spent a tremendousamount of time in the negotiation ofthis bill. The Bar is pleased that,under the bill, the collected databelongs to the public and will be

2000 General Assembly Successful for Baravailable for the benefit of thepublic.

The Bar owes a debt of gratitudeto Senator Clay Land (R-Columbus),who authored the bill and workeddiligently with the parties to accom-plish this important goal. Severalmembers of the legislature, includingSenate Judiciary Chairman ReneKemp (D-Hinesville) and HouseJudiciary Chairman Jim Martin (D-Atlanta), were instrumental inmaking this idea a reality. “The Baris particularly thankful to SpeakerTom Murphy and Lt. Governor MarkTaylor for their support of the bill,”said Bar President RudolphPatterson. (See article on this projecton page 36.)

State-Funded Juvenile CourtThe Bar recommendation to

create a state-funded juvenile courtin every jurisdiction was passed andfunded by the General Assembly.Effective October 1, 2000, newjuvenile courts will be created andthe judgeships funded at 85 percentof the superior court salaries. Thisinitiative will provide improvedservice in areas that do not have adesignated juvenile court judge andbudgetary relief to counties thatalready maintain separate juvenilecourt judges.

Corporate Code RevisionIn recent years, the Corporate &

Banking Law Section has been veryproactive in bringing recommenda-tions to improve the practice of lawin the corporate area. This year’seffort resulted in the passage of S.B.397, authored by Sen. Mike Egan (R-

Atlanta). This bill is an extremelyimportant revision to the corporatecode for those Georgia publiccompanies that seek to protectthemselves from hostile takeovers.The bill clarifies the law regardingthe use of so-called “poison pill”provisions by corporations.

Corporate and Banking LawSection Sub-Committee Chair RichBrody was intimately involved in thepresentation of these highly technicalissues to the House Judiciary Com-mittee and the Senate SpecialJudiciary Committee. RepresentativeRobert Reichert (D-Macon) andSenate Special Judiciary ChairmanEgan carried the bill on the floor ofeach chamber. “The passage of thisbill shows the value of the Bar’sbipartisan approach,” said TomBoller, the Bar’s legislative represen-tative. “We were able to achieveunanimous passage through bothchambers of the legislature.”

Real Property Section InitiativeThe Real Property Law Section

initiated H.B. 597, authored by AllenHammontree (R-Cohutta). This billrequires superior court clerks tomaintain printed copies of thegrantor/grantee index, even if theycomputerize the filing system. Thisprovision protects against computersystem failures and addressesquestions over accuracy and avail-ability of records.

Waiver of ServiceH.B. 708, authored by Tom

Bordeaux (D-Savannah), basicallyconforms service of process proce-dures to the federal rule. Under this

F E A T U R E S

39J U N E 2 0 0 0

bill, a plaintiff can initiate a lawsuitby sending the defendant a waiver ofservice notice rather than serving thedefendant directly. The measure,which balances the rights of defen-dants and plaintiffs, is designed tolower the costs of service . Themeasure was initiated by the Bar’sJudicial Procedure & AdministrativeCommittee.

Funding of Bar Endorsed InitiativesIn an extremely competitive

funding process, the General Assem-bly appropriated new funding forseveral State Bar initiatives. CASAreceived a total increase of $490,000in the FY 2000 Supplement Budgetand the FY 2001 Budget. CASA’s totalfunding is approximately $1.2 million.“CASA is well respected for theirsupport of children,” said Jim Durham,chair of the Bar’s Advisory Committeefor Legislation (ACL), “We areextremely grateful for this generoussupport from the legislature.”

The Georgia Indigent DefenseCouncil received increased fundingof $240,000 for FY 2000, and anadditional $550,000 for FY 2001.The State will now fund approxi-mately $5 million for the IndigentDefense Council and the Multi-County Public Defender’s Office.

The Georgia Appellate ResourceCenter received the entire $200,000increase that it had requested. TheResource Center now receives a totalof $700,000 for its continued opera-tion. “These are enormous percent-age increases in these programs,”said Boller. “We owe a specialthanks to Senator Greg Hecht (D-Jonesboro) and Representative LarrySmith (D-Jackson), chairs of theirrespective Judicial AppropriationSubcommittees, for their support ofthe Bar’s funding initiatives.”

Other Bar VictoriesThe Bar also opposed several

bills that affected the practice of law.

In particular, the Bar opposed S.B.19, which would have allowed non-lawyers to file garnishment plead-ings on behalf of corporations. Thebill passed the Senate in 1999, butdid not move beyond committee inthe House. The Bar also opposed atitle insurance bill that would haveallowed lawyers to be regulated byvarious members of the executivebranch rather than by the SupremeCourt. The Bar traditionally defendsthe authority of the Supreme Court toregulate matters pertaining to thegovernance of attorneys and thepractice of law.

Bar Section LegislationTracking Program

The Bar continues to rely on itsBar Section Legislative TrackingProgram, in which its substantive lawsections and individual membersmonitor bills of importance to the Barduring the legislative session. About30 sections and committees partici-pated in the Bar Section Program.Also, numerous bills were sent out tothe sections for review and comment.

A special word of thanks goesout to all Bar members who providedtimely responses to the legislativerepresentatives regarding issuesaffecting the practice of law. Inparticular, Bill Dodson of the RealProperty Law Section providedtimely advice and expertise on thetitle insurance bill and another billamending a previous Bar initiativerestricting liens on the property ofpublic officials.

Lawyer InvolvementThe 2000 Session brought

reminders of the sacrifices that Barmembers make in order to serve inthe General Assembly. Several keyBar members, citing personal andprofessional concerns, are retiringfrom the legislature. We thank theselawyers for their public service.Respected lawyers such as Mike

Egan, Clay Land, and Dan Ponderwill be difficult to replace.

At a time when first-year associ-ate salaries soar beyond $100,000,our lawyer/legislators serve full-timefor three months for about $16,000.In spite of the public perception tothe contrary, election to office doesnot necessarily bring perks andprivileges. Many legislators struggleto simply make ends meet. In fact,most lawyer members practice law atnight and on weekends during thesession in order to maintain theirlegal practices while they serve.

The Bar’s extraordinary legisla-tive success over the past severalyears may seem routine to casualobservers of the legislative process.However, this ability to influence thelaws and policies that affect thepractice of law does not come easily.This privilege exists because lawyersfrom all over this state answer thecall to public service. In campaigns,candidates are often attacked forbeing lawyers. Yet, when difficultissues are addressed in the GeneralAssembly, lawyer/legislators areoften looked to by their colleagues toprovide clarity and guidance.

In this election year, everymember of the Bar should find waysto support our colleagues and friendswho step into the arena of public life.The Bar members in the legislatureare as diverse as the state itself. So,whether it’s making a financialcontribution, putting up yard signs,or running a race, we in the Bar canand should find candidates tosupport. The State Bar and our statewill be the beneficiaries. U

The State Bar legislative representatives are

Tom Boller, Rusty Sewell, Wanda Segars, and

Mark Middleton. Please contact them at (404)

872-2373 or (770) 825-0808 for further legis-

lative information, or visit the State Bar’s Web

site at www.gabar.org. Bar members can track

bills through the GeorgiaNet Web site, found

at www.ganet.org/services/leg.


By Nikki Hettinger

LAWYERS, JUDGES, REPORT-ers and other law and mediaprofessionals attendedinformative lectures andparticipated in candid discus-sions at the 2000 Georgia BarMedia and Judiciary Confer-ence, held April 28 in At-lanta. The conference themewas News and the Courts inthe New Century; a Primerfor Judges, Journalists andLawyers on Emerging Issues& the Law. Panelists includedsuch leading authorities intheir fields as executives ofCNN, the Online JournalismReview and several televisionstations, as well as local newsanchors, editors from theAtlanta Journal-Constitutionand Fulton County DailyReport, and a number ofdistinguished judges andattorneys.

Georgia E-TourThe first presentation of

the day, titled Open Govern-ment: Current InternetAccess Issues and PossibleLegislative Topics, took theaudience on a guided tour throughthe GeorgiaNet Authority Web site(www.ganet.org), which provideselectronic access to a slew of publicinformation. GeorgiaNet’s TomBostick addressed the inevitablesecurity and privacy issues associ-ated with any Internet project. Hereferred to the State as the “custo-dian” of its public information. Assuch, he said, it should (and does, in

Conference Highlights Benefits & Challengesof New Technology for Media & the Courts

Georgia’s case) take the necessaryprecautions against data tampering.Bostick also mentioned GeorgiaNet’s

future plans for an “E-Georgia” Website, which will enable first-timebusiness owners to submit all theinformation required by the differentstate agencies online in one simplestep.

A Hypothetical SituationAt the second session, Covering

Government and the Courts: A Fred

Friendly Discussion, interlocutor JimRawls read aloud a hypotheticalscenario, then asked panelists to

explain what their reactionswould be to particular situa-tions. All the questions dealtwith the relationship betweenmedia and the law, and theanswers offered reporters andattorneys insight into eachother’s thought processeswhile on the job. MikeCavendar, News Director forWGNX/CBS in Atlanta,summed up the views of theentire panel on the subjectwhen he said that the interac-tion between media and thelaw “has to be an arm’s lengthrelationship” because there is“too much potential forcompromise.”

Silver Gavel AwardsThe Fred Friendly Discus-

sion was followed by smallbreakout groups, whichexpounded upon the subjectfor an hour before breaking forlunch and the presentation ofthe 2000 Silver Gavel Awards.The Silver Gavel competitionaccords statewide recognitionto published material and

radio and television broadcasts thatfulfill one or more of the following:

1. Foster greater public under-standing of the inherentvalues of our legal andjudicial system;

2. Inform and educate citizensas to the role of the law, thecourts, law enforcementagencies, and the legalprofession in today’s society;

Silver Gavel award winners, above: (l-r) Brad Aaron,Flagpole Magazine; Susanna Capelouto, Peach StatePublic Radio; Joe Oreskovich, WATC-TV; and SandyHodson, Augusta Chronicle. Below, Channel 5’sRandy Travis (right) leads a breakout group in dis-cussion, along with Mike Mears.

41J U N E 2 0 0 0

3. Disclose practices andprocedures in need ofcorrection or improvement;and/or

4. Encourage and promotelocal and state legislativeefforts to update and mod-ernize our laws, courts andlaw enforcement agencies.

This years’ win n ers were:Daily Newspapers Under 20,000Circulation

Forsyth County NewsCumming, Georgia“Legal Group Raises Questions

about Searches”Written by Colby Jones

Daily Newspapers Over 20,000Circulation

The Augusta ChronicleAugusta, GeorgiaSeries of articles covering the

legal systemWritten by Sandy Hodson

Weekly Newspapers Over 3,000Circulation

Flagpole MagazineAthens, Georgia“The Toughest Love”Written by Brad Aaron

Television: Commercial, Education& Cable Stations

WATC-TV Channel 57Norcross, GeorgiaThe Gravedigger ShowHosted by Joe Oreskovich

Radio: Programs Produced byStations in Top 5 Metro Areas

Peach State Public RadioAtlanta, Georgia“University of Georgia

Admissions Policy”Reported by Susanna Capelouto

All but one of the honoreesattended the luncheon, and awards

were presented by State Bar Presi-dent Rudolph N. Patterson.

Mon key See, Mon key DoDoes Breaking and Saturation

Coverage of Violent News EventsSpawn Violence in Real Life? Thetitle of the first afternoon session putforward a timely and challengingquestion, which panelists tackledhead on.

“Fear of crime continues toclimb, even as the actual crime rategoes down,” said Arthur Kellerman,M.D., M.P.H., Chairman of theDepartment of Emergency Medicineand Director of the Center of Emer-gency Control at Emory Universityin Atlanta. Judge James G. Bodifordof the Cobb Superior Court echoedthis belief that our perception ofcrime is not necessarily based onfact. He explained that he cannot citeone case over which he has presidedthat can be tied directly to a mediaevent. Yet, he still has a “sense” thatmedia coverage contributes to hiscase load, particularly when youngpeople are involved. Rick Davis,Executive Vice President of CNNNews Standards and Practices,expressed a similar sentiment, sayinghe and his staff are “sensitive to thecopy cat issue, even though we don’tknow if there is one.” The presentersreferred to several recent violentevents including the Columbine highschool tragedy and the accidentaldeaths of Lady Diana and John F.Kennedy Jr.

All the News that’sFit to Click

“An industrial revolution istaking place before our eyes,” saidLarry Pryor, Executive Editor ofOnline Journalism Review, a publi-cation of the University of SouthernCalifornia’s Annenberg School ofJournalism. He and the other panel-

ists of the last session, InternetTopic: Shifting Paradigms, ShiftingEthics: Is the Internet MakingJournalistic Standards Obsolete?examined how the advent of news onthe Web has blurred the lines be-tween information and commercial-ism. The use of buy buttons, thejuxtaposition of news and editorialcontent, and the corporate underwrit-ing of heath care and other Web siteswere among the topics discussed.

The Bar Media and JudiciaryConference was presented by theICLE and sponsored by variousmedia organizations. Attendeesearned up to 5.5 CLE hours includ-ing one ethics hour and one profes-sionalism hour. U

Nikki Hettinger is the communications coordi-

nator for the State Bar of Georgia.

Dan turnerBuilderspickup 4/00p73


F E A T U R E S

By Jennifer M. Davis

THE BOARD OF GOVERNORSgathered in President Rudolph N.Patterson’s hometown of Macon,Georgia, for its Spring Meeting heldMarch 24-26, 2000. The event washeld in conjunction with Macon’sworld famous Cherry BlossomFestival, and the city was burstingwith colorful pink blooms from its230,000 Yoshino cherry trees.

Halls of FameWhile there were numerous

committee and board meetings plus asection leaders retreat on Fridayafternoon, the convention officiallyopened that evening with a receptionat the Georgia Sports Hall of Fame.The educational and interactiveexhibits showcased heroes from thestate’s top high school, collegiate,professional and amateur athleticfields.

President-elect George Mundywas astonished to find his signatureon a football from his old highschool team, the 1963 state cham-pion Cedartown Bulldogs. AndSecretary Jimmy Franklin’s wife,Fay Foy, spotted her father in a photofrom the 1932-33 conference cham-pionship basketball team fromGeorgia Southern. They were ingood company with notables likehome run king Hank Aaron andfootball legend Fran Tarkentonbehind the glass too.

The Sports Hall of Fame was a hit

for all ages, especially the interactivegames on the upper level. Lawyers andtheir guests drove a race car, kickedfield goals, shot free throws in abasketball cage, tested their agility on abalance beam, and announced thefamous “Sid Bream slide” into hometo take the Braves from worst to first.

It was hard to pull the “big kids”away to walk across the street fordinner at the Georgia Music Hall ofFame. But once everyone hadindulged in a delectable Southernspread of barbeque, ribs and more,the crowd realized the Music Hall ofFame was just as fun and interestingas the neighboring sports shrine.

Life size buildings representing arhythm and blues revue, vintagevinyl record store, Coca-Coladrugstore, country café, backstagealley, and gospel theater invitedvisitors to enjoy a vast collection ofmemorabilia and musical selectionsfrom each genre. The exhibitsincluded historical perspectives onthe multitude of artists whose impacthas spanned the globe, includingOtis Redding, Johnny Mercer, REM,Lena Horne, Chet Atkins, the B-52’s,James Brown, Alan Jackson, theAllmann Brothers and Little Richard.

Active DuesIn creased $25

The Board of Governors con-vened for its 173rd meeting onSaturday morning, while spouses andguests enjoyed the Mulberry StreetArts and Crafts Show.

The most important item onevery spring meeting agenda issetting the dues for the upcomingyear. Treasurer Jim Durham pre-sented a proposal to increase thelicense fees by $25 for active mem-bers, which ultimately passed byunanimous voice vote. Dues foractive members had been at $150 forfive years. Durham explained thatover the past seven to eight years,the Bar has grown from 7-8 percentwith the budget growing around$450,000 annually. On the otherhand, with about 900 memberspassing the bar each year, ourrevenue is only $135,000. Needlessto say, the income generated by newmembers is not meeting our financialgrowth.

Durham added that the prospectivemove to the new Bar Center in 2001may offer the greatest financialopportunity, since we will have139,000 sq. ft. in leasable space.However, there are too many un-knowns at this point to bank on thatprojected income; especially since wewill offer law related entities a reducedrental rate as incentive to move in.

The Finance and ProgramsCommittees are holding growth thisyear by budgeting an increase of onlysix percent. As President RudolphPatterson explained, “We need topreserve the financial integrity of theBar and bite the bullet before we facea dire financial crisis.”

Durham also reported the Bar ismoving $300,000 to a restrictiveoperating reserve so it can not be

BUSINESS AND PLEASURE DURING CHERRY BLOSSOM FESTIVAL

Board of Governors Meets in Macon

43J U N E 2 0 0 0

spent without first seeking approvalfrom the Board of Governors. Headded that the Bar is also looking foralternative sources of funding andnon-dues revenue.

Even with the $25 increase toactive dues, the State Bar of Georgiaremains among the lowest dues inthe country, although we are theninth largest bar.

Lawyer Disciplin eThe Board also continued its

review of the disciplinary process,which began with a completeoverhaul proposed to the SupremeCourt of Georgia in May 1999. TheSupreme Court has not yet ruled onthe proposed changes to the rules ofprofessional conduct; although, they

did hold public hearings about theproposal this past April. The pro-posed rules were published in theApril 1999 edition of the Journal andare available online atwww.gabar.org/ga_bar/prc.html.

At this meeting, the Board brokeinto small groups to discuss confi-dentiality within the lawyer disci-pline process (Rule 4-221). The

1. President Rudolph Patterson (left) talks with MDP Committee Chair andPast President Linda Klein (right) and Mercer professor Chris Wells, whoserves as reporter for the MDP Committee. 2. St. Joseph’s Catholic Churchwas one stop on the historical tour. 3. At the Sports Hall of Fame, Boardmember David Darden calls the famous “Sid Bream slide” into home plate

to take the Braves to the World Se-ries. 4. (l-r) Supreme Court JusticesGeorge Carley and Hugh Thompsonpoint out historical landmarks on thegrounds of the Hay House. 5. TheMacon Bar Presidents welcomed ev-eryone to their hometown: CubbedgeSnow, who served from 1974-75, vis-its with his wife, Edyth, and Margaretand Rudolph Patterson.

1

3

2

4 5


Disciplinary Rules & ProcedureCommittee is studying this issue andwill ultimately make a recommenda-tion to the Board to amend thecurrent rule.

Jury ReformJudge Ben W. Studdard III, chair

of the Court Futures Committee,presented his group’s recommenda-tions regarding jury reform in civiltrials. The committee worked on theproposal for two years in response tothe public’s eroding confidence inthe justice system, which increas-ingly involves accusations of inad-equate verdicts.

Judge Studdard reported, “Therecommended reforms, we believe,will improve the ability of our trialjuries to perform the difficult taskgiven them: understanding the lawand the evidence to arrive at a trueverdict.”

The reforms include the follow-ing: 1) Have counsel give a mini-opening statement prior to voir dire.2) Allow use of juror notes duringdeliberation. 3) Provide the jury withwritten copies of preliminary instruc-tions and the final charge. 4) Givethe final charge to the jury prior toclosing argument. 5) Strive to fullyanswer deliberating juror’s questionsand meet their requests. 6) Encour-age the parties to civil cases toconsent to use 6-person juries.7) Upon prior consent of counsel,allow alternate jurors to participatein jury deliberations, but not to vote.8) Upon prior agreement of counsel,allow civil juries to proceed with lessthan a full panel when one memberis disqualified or dismissed.

The State Bar’s Board of Gover-nors endorsed these eight reforms forcirculation to superior and state courtjudges as a pilot program. Thesereforms will be available for use byan individual judge on a voluntarybasis for a 12-month period. Judges

will be asked to obtain feedbackfrom jurors and counsel which willbe given to the committee for study.Ultimately, the committee hopes toformulate changes which will beadopted statewide.

The goal is threefold: to addresspublic perception that juries are notable to deal with cases and render

proper verdicts; to increase thesatisfaction of those who serve onjuries; and to improve jurors’ abilityto do their jobs.

CLE Chan gesWith the concept of reform at

hand, Immediate Past PresidentWilliam E. Cannon Jr. — who alsoserves as chairperson of the Board ofTrustees for the Institute of Continu-ing Legal Education (ICLE) andserves on the Commission onContinuing Lawyer Competency(CCLC) — announced upcomingchanges to the current CLE structurein Georgia.

Beginning January 1, 2001,Georgia lawyers will be able toobtain their CLE in new ways

according to the following regulationpassed by the CCLC:

In addition to traditional ap-proved continuing legal educa-tion activities attended live andin-person by groups of attor-neys, distance learning deliveryformats are acceptable providedthey are designed specifically asorganized programs of learningand meet the other accreditationstandards set out in these Rulesand Regulations. These distancelearning CLE activities may beattended by an individual attor-ney with no minimum numberof attendees needed to receiveapproved MCLE credit, butmust comply with the In-House/Self Study CLE Regulation 5 toRule 8-106(B). Examples ofqualifying distance learning for-mats include: live CLE activi-ties presented via video or au-dio replays of live CLE activi-ties; on-line computer CLE ac-tivities, CD-ROM and DVD in-teractive CLE activities; andwritten correspondence CLEcourses. When attended by anindividual attorney, the distancelearning activity constitutesSelf-Study CLE. Examples ofnon-qualifying educational ac-tivities that are encouraged ona non-MCLE approved creditbasis include: reading cases andadvance sheets, legal research,internet chat groups, observa-tions of trial and jury duty.

In response to the new rules,ICLE plans to enhance its courseofferings by broadcasting seminars,both live and recorded, via their Website. Look for more details aboutthese CLE changes in an upcomingissue.

“The recommen dedreforms, we believe,will improve the abilityof our trial juries toperform the difficulttask given them:un derstan din g the lawan d the eviden ce toarrive a true verdict.”— Judge Ben Studdard

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Other Busin essOther highlights from the Board

meeting include:� Legislative Representative Tom

Boller reported on the outcomeof the legislative session (seearticle on page 38).

� A new Elder Law Section wascreated.

� Several proposals to amend thecurrent Board of Governorsapportionment were reviewed.

� Susan Cole of Macon wasappointed to the Chief Justice’sCommission on Professionalism.

Historical PerspectiveFollowing the Board of Gover-

nors meeting, many of the attendeestook a historical tour of Macon. With5,500 individual structures in 11historic districts listed on the Na-tional Register of Historic Places,Macon has more acreage listed onthis prestigious Register than anyother city in the South.

Among the many sites on thetour was the Hay House, an ItalianRenaissance Revival mansion, builtin the 1850s. When constructed, ithad hot and cold running water, threebathrooms, an intercom system,central heat, and an advanced

ventilating system. The resplendenthome boasts 18,000 square feet and24 rooms, complete with hiddendoors, which were used during theCivil War to hide money.

The tour featured other stops inthe historic district including St.Joseph’s Catholic Church, an exem-plary display of Romanesque Neo-Gothic style architecture withstriking Bavarian stained glass andexquisite Italian marble carvings,statues and altars.

The day concluded with areception that evening; then every-one headed outdoors to relish theCherry Blossom Festival StreetParty. U

1. (l-r) Board member Drew Whalen visits with Jack Flynt, who was presi-dent of the Bar from 1954-55, when it was a voluntary organization. 2. Gen-eral Counsel Bill Smith leads a breakout group discussion regarding confi-dentiality in the lawyer discipline process. 3. President Rudolph Pattersonand his wife, Margaret, show off their hometown’s Georgia Music Hall ofFame. 4. Bringing some Scottish flair to the Sports Hall of Fame were: (l-r)Past President Hal Daniel and Executive Committee member Rob Reinhardt.5. Judge Ben Studdard discussed proposed jury reform. 6. Enjoying the in-teractive games at the Sports Hall of Fame were: (l-r) YLD President JoeDent and YLD Past President and current Board member Henry Walker.

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YLD PROVIDING ACHANCE TO SERVE

By Joseph W. Dent

One message I have beenpreaching this past year isthat the YLD provides an

opportunity to participate in commu-nity service for all lawyers regardlessof age. Although, by definition, amember of the YLD is any lawyer inthe State of Georgia who has notreached the age of 36 or who hasbeen in practice less than three years(soon to be changed to less than fiveyears), a lawyer does not have to bea definitional YLDer to participate inthe many projects of the Division.

I like to believe that all lawyersrecognize their obligation to beactive in the community. Whether itis through pro bono work or throughparticipating in hometown serviceprojects, to be a complete lawyer, Ibelieve community service is a must.

The YLD is the service arm ofthe Bar. Our stated mission is toprovide service to the members andthe public. However, the YLD’smission is truly a mission of theentire Bar. Therefore, it is importantfor members of the “Big Bar” toremember the YLD is working forthe entire Bar. Whether it is support-ing an associate in your firm orparticipating in a project of a com-mittee, the support of the “Big Bar”is imperative for the YLD to fulfillits mission. Without the “Big Bar’s”

support, the YLD could not continuethe many excellent projects designedto serve to the Bar and the public.

A classic example of Big Barparticipation in a YLD project is theGreat Day of Service. I talked aboutGreat Day of Service from the day Itook office. As I leave office, I canonly say thank you to the manyyoung lawyers who helped organizethe community service projects, and

thank you to all of the lawyers andjudges who participated.

The Great Day of Service is aclassic example of how the YLDworks for the “Big Bar” to providean opportunity for all members toparticipate in community service as agroup. Hopefully, all lawyers arecivic-minded and involved in acommunity organization in one formor fashion. However, the Bar as agroup does not have that manyopportunities to participate incommunity service. The Great Day

of Service is a group project forlawyers, and to all those who partici-pated this year, “Big Bar” and YLDalike, thank you.

Another classic example of how“Big Bar” participation is importantto the YLD is our Elder Law Com-mittee. The Elder Law Committeehas existed for several years, andmany of its current members wereYLDers who organized the originalcommittee, but have since “agedout.” But because of their practicearea, they stayed active in thecommittee, and the roster has more“Big Bar” members than YLDers.As a result, a new State Bar ElderLaw Section was created, and it willhave its first organizational meetingduring the Annual Meeting. Becauseof the YLD committee and thecontinued participation of thosemembers of the committee who“aged out,” a new section is beingcreated to serve a valid legal need.Now, through the joint efforts of theElder Law Section and the YLDElder Law Committee, senior legalneeds will be fulfilled. Many thanksto those on the Elder Law Committeewho continued to participate after“aging out” and who will continue towork with the YLD Elder LawCommittee to provide a valid serviceto the public.

These are just two examples ofhow the YLD provides serviceopportunities for all lawyers. Ourmission is to provide service to theBar and the public, but the YLDrecognizes that, in fulfilling itsmission, every member of the Barshould have an opportunity to serve.As the 2000-2001 year begins, eagercommittee chairs and committeemembers will begin to plan projectsfor the year. To all members of theBar, I simply ask that you keep awatchful eye open for a project thatinterests you, join the YLD regard-less of your age, and fulfill yourobligation to serve. U

Whether it issupportin g an associatein your firm orparticipatin g in aproject of a committee,the support of the “BigBar” is imperative forthe YLD to fulfill itsmission .

47J U N E 2 0 0 0

lois law new full bw


By Damon E. Elmore

ON APRIL 29, LAWYERS ANDfriends of the bar all across Georgiaparticipated in the Young LawyersDivision’s Annual Great Day ofService. The event, celebrating it’s5th year, was successful and made apositive impact on several Georgiacommunities, thanks to the effortsand hard work of Georgia lawyerslike you.

The event, affectionately knownas GDS, was designed to allowlawyers in the State Bar to partici-pate in a community service projectthat is germane to the community inwhich the attorney lives and prac-tices. It specifically reflects thededication and commitment ofGeorgia’s lawyers to the broad needsof the public.

Lawyers who participated in citiesand areas like Atlanta, Macon, Savan-nah, Marietta, Decatur/DeKalbCounty, Albany, Columbus and manymore, volunteered their time, anddonated some of their money toprovide services such as minorconstruction and renovation, parkbeautification, group support andfund-raising. Additionally, the projectallowed for the further development ofinter-bar relations as several voluntaryand local bars, including the AtlantaCouncil of Young Lawyers, donatedtheir time and talent.

The GDS was the brainchild ofconcerned young lawyers who sought

Lawyers Come Out As a Group toMake Change in the Community

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Y L D N E W S

to help the community, as well asenhance and improve the reputation oflawyers across the state. What sepa-rates the GDS from any other commu-nity service project is the fact that it isdone across the entire state on onespecific day. And it has a dual mission,

as proclaimed by YLD President JoeDent, of “allowing attorneys of allages to give back to the community,and to show the public that, together asa bar, we are actively involved involunteer work.” GDS also serves asan introduction and springboard toregular community service as volun-teers are encouraged to follow-up laterwith their respective projects.

This year, the project attractedseveral “VIP” volunteers as numer-ous members of the bench partici-pated in their local projects inAlbany, Columbus and Marietta. In

Atlanta, support and lunch wereprovided by City CouncilmemberMichael Bond.

Recently, members of the stateGDS Committee — including YLDPresident Joe Dent, GDS chairper-son Damon E. Elmore, GDS North-ern Region co-chair Beth Guerra,and GDS Southern Region co-chairSharell Lewis — were invited by theAmerican Bar Association to partici-pate in the Spring Affiliate OutreachProject of the ABA Young LawyersDivision in Washington, D.C. There,the GDS was presented to otherABA affiliates with the hope that theother states and local bars wouldadopt a project similar to thetrailblazing efforts in Georgia. Likethe GDS project itself, the seminarwas a success as members of boththe Lousiana and South Carolinabars have already expressed interestin hosting a similar event in theirstates.

The YLD is committed toaffecting change in Georgia throughservice to and for the Bar. The GDSproject has evolved over the past fiveyears where it focused on 10 com-munities, to targeting 16. Next year,it is anticipated to grow even larger.If you did not participate this year,be sure to watch for news related tothe project for 2001. U

Damon E. Elmore is the Great Day of Service

chair and can be reached at (404) 239-1150

for more information about next year’s event.

GDS allows “attorn eysof all ages to give backto the commun ity, an dto show the public that,together as a bar, weare actively in volved involun teer work.”-- YLD Presiden t Joe Den t

49J U N E 2 0 0 0

Scenes from the YLD Great Day ofService: 1. Marietta Detention Cen-ter beautification. 2. Christmas inApril, Albany. 3. Habitat for Human-ity, Columbus. 4. The Tifton Bar As-sociation participated in cleaning updebris from a downtown vacant lot.Representing the group were (l-r) LonKemeness, Render Herad, MikeBurke, Joseph Carter, Ben Gratz,Harvey Davis, Bill NeSmith, ChrisCella, Bob Richbourg (holdingdaughter Quinn), Tommy Pittman,Tony Cella and Jo Gray. Not pictured:Nan Shivone and Dawson Mortonfrom GLSP. 5. Atlanta Park beautifi-cation.

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ANNUALLY, SECTION LEADERScome together for a half-day orienta-tion during the State Bar’s Board ofGovernors weekend in March. Thisyear it was held in Macon at theCrowne Plaza.

Section s Spon soredAn n ual Meetin g Even ts

Twenty-one sections sponsoredthe elaborate Opening Reception,which began the State Bar’s AnnualMeeting this year. They also held avariety of breakfasts, luncheons,receptions, and CLE events. Lookfor photos from these variousSection activities in the next issue.

Section Web SitesLook for more immediate

postings to Section pages in the newbar year, as the State Bar’s Web sitewill be brought in-house.

New Section FormedThe State Bar has a new Section:

the Elder Law Section is chaired byEleanor Crosby. A monthly luncheonlecture series is planned as well asCLE seminars and a newsletter thatwill keep members apprised ofemerging topics in the area of elderlaw.

Corporate & Ban kin gSection Chan ges Name

The Section will now be calledthe “Business Law Section.”

— Lesley T. Smith, Section Liaison

Section Leaders Hold Annual Retreat/Orientation

Scenes from theSection Leaders Ori-entation: 1. Pictured(l-r) are Jeff Kuesterof the Computer LawSection with BillDodson, incomingChair of the RealProperty Law Sec-tion. 2. Alan StuckeyClarke, Chair of theEntertainment &Sports Law Section.3. Denny Galis of theADR Law Section.

Time to Join a Section forthe New Bar Year

Consult Your 2000-2001 DuesNotice and sign up today.

51J U N E 2 0 0 0

THE COMPUTER LAW SECTION of the State Bar ofGeorgia supports Tech Corps Georgia, an Atlanta-community program that puts computers and training atthe hands of teachers and families.

About Tech Corps GeorgiaTech Corps Georgia, established in 1993, is a charter

affiliate of the national TECH CORPS volunteer organi-zation. Tech Corps Georgia’s core program is the “Tech-nology Education Program.” The purpose of the programis to help bridge the technology gap for K-12 teachers,students and parents living and working in poor commu-nities where access to technology and the Internet is stillvery limited.Since 1993:� Over 800 donated computers have been refurbished

by TCGA technical volunteers.� 475 teachers from over 40 Metro Atlanta area schools

have received computers and training.� 100 low-income families with school-age children

have received computers and training.� TCGA volunteers have helped wire more than 15

Atlanta area inner city schools for Internet accessthrough its participation in the nationally sponsoredNetDay program.The four major components of the Technology

Education Program include: 1) equipment refurbishment;2) computer for teachers training; 3) family technologytraining classes; and 4) volunteer training.

How Can You Help?Tech Corps Georgia needs:

1. Financial Support: Tech Corps Georgia is a non-profit organization. Donations may be mailed to theaddress at the end of this article;

2. Computer Equipment: 486s and higher, printers,monitors, keyboards, mice and modems. Tech Corpsprovides the licensed software for the computers, sono need to find the installation discs for that oldcomputer. Donations need to be delivered to TechCorps Georgia’s main office in East Point, Georgia(at the “Buggy Works” near the East Point MartaStation); and

3. Volunteers: Tech Corps Georgia recruits technicalvolunteers to refurbish donated equipment, to trainstudents in basic and advanced computer skills, tomaintain the network system and the Web site, and toprovide technical support to clients while they arelearning.

Computer Law Section Aids Tech Corps GeorgiaFollowing is the experience of one Computer

Law Section member who helped build donatedcomputers and provided training for lower incomefamilies and teachers at Tech Corps Georgia.

WHAT IMPRESSED ME THE MOST WAS HOWmuch we have come to take for granted the power ofthese boxes — we pull our hair out if we get stuck onan old PC that won’t load a graphics-intensive WWWsite in a flash.

I found it so tremendously rewarding to watch thethrill on the faces of the women when their machinesresponded to their input. It was all so new and fasci-nating to some of them — from being able to putwallpaper on the desktop that was a color they liked,to seeing a screen saver kick in for the first time, tobeing able to manipulate and format text in their firstword processing document.

I am also frankly amazed at how much value TechCorps is able to provide to their customers. One-hundred dollars gets them a refurbished 486 PC with aVGA monitor, pre-loaded with this New Deal soft-ware (that does just about anything they’ll ever reallyneed at home and a lot they would need in the transi-tion to an office environment), and then 10 hours oftraining starting with “Here’s the power button.”

Given how thoroughly computer literate lawyersare these days, and seeing how thrilled Sharon was tobe able to progress more quickly with “spotters” togive individual help to students, I heartily recommendthat the State Bar take this on as a bar-wide serviceproject so that one of these days, Tech Corp might beable to count on a different handful of people droppingin every Saturday to facilitate the basic training class(and whatever else is needed, obviously). Seriously, ifwe could maintain an ongoing “sign up” and dole outthe volunteers over time, even three spotters in thatclass (we had five) on a given Saturday would make amajor impact. Thanks for the opportunity,

— Christopher R. StovallAndersen, Davidson & Tate, P.C., Lawrenceville

For further information, contact:Chris Miller, Executive DirectorTech Corps Georgia1514 East Cleveland Ave., Suite 100East Point, GA 30344(404) 768-9990www.techcorpsga.org U


In Atlan taC. Wilson DuBose, formerly of

Schnader Harrison Segal & LewisLLP, has joined H. James Winklerand Jeffrey R. Davis to formWinkler, DuBose & Davis LLCwith offices in Atlanta and Madison(see listing under Madison).

Powell, Goldstein, Frazer &Murphy LLP has named twoattorneys as new partners and oneattorney as counsel. Named to thepartnership were Linzy O. Scott III ,of Atlanta and Sara Kay Wheeler ofAtlanta. Deborah Renee Kurzweilof Atlanta was named as counsel.Also, Georges A. Hoffman hasjoined the Atlanta office in the firm’sinternational and immigrationpractices. Visit their Web site atwww.pgfm.com.

Mary A. Prebula PC announcesthat Dennis L. Johnson has becomeassociated with the firm, located at3483 Satellite Boulevard, N.W., Suite200, The Crescent Building, Duluth,GA 30096-5800; (770) 495-9090.

Macey, Wilensky, Cohen,Wittner & Kessler LLP announcesthat Richard C. Litwin has beenpromoted to partner of the 50-year-old law firm. Litwin practices in theareas of tax controversies and taxlitigation, with particular emphasison state and local taxation andbankruptcy taxation.

Casey, Gilson & Williams PCis pleased to announce that the firm’sname changed to Casey, Gilson,Williams & Shingler PC , as ofMarch 1, 2000, as the firm celebratesits 10th Anniversary. George P.Shingler, former Deputy AttorneyGeneral for the State of Georgia,

joined the firm in July 1997. Thefirm’s offices will remain at 31stFloor, Six Concourse Parkway,Atlanta, GA 30328; (770) 512-0300.Visit the firm’s Web site atwww.caseygilson.com.

Huntington & Williams an-nounces that S. Tammy Pearson hasbeen elected partner in the firm’sAtlanta office. The firm, founded in1901, has more than 680 attorneysserving clients in 80 countries from15 offices around the world.

Davis, Matthews & Quigley PCannounces that Robert D. Boyd hasjoined the firm as a shareholder.Boyd will continue his practice inthe area of family law. The firm islocated at 3400 Peachtree Road,N.E., 14th Floor, Lenox Towers II,Atlanta, GA 30326; (404) 261-3900,Fax (404) 261-0159.

Schnader Harrison Segal &Lewis, LLP is proud to announcethat Allen N. Bradley has joined thefirm’s Atlanta office as a partner.Also, Joseph R. Delgado Jr., hasjoined as an associate. Founded in1935, Schnader Harrison is a 300-lawyer firm with a national andinternational practice. Visit the firm’sWeb site at www.schnader.com.

Foltz Martin LLC has electedHalsey G. Knapp Jr. as a memberand named Michael D. Robl as anassociate of the 12-lawyer firm.Knapp’s specialty areas includetechnology and business litigation;Robl has experience in business,creditor’s rights and banking litigation.

The international law firmGreenberg Traurig LLP has namedattorney Jess Rosen as a newshareholder in the firm’s Atlantaoffice. Rosen had been an associate

in the firm’s entertainment practice.Greenberg Traurig is a full-serviceinternational law firm with nearly600 attorneys practicing in 18 cities.Visit the firm’s Web site atwww.gtlaw.com.

Victor Roberts, Theodore A.Erck, and Edwin J. Schklar arepleased to announce the formation ofRoberts, Erck & Schklar. Theoffice is located at 945 East PacesFerry Road, Suite 2220, ResurgensPlaza, Atlanta, GA 30326; (404)888-0100.

Altman, Kritzer & Levick PCtakes pleasure in announcing thatDavid B. Kurzweil and James R.Sacca have become members of thefirm and will lead the firm’s practicein the areas of bankruptcy, creditor’srights and financial restructuring.Visit the firm’s Web site atwww.akl.com.

Morris Manning & Martin,LLP is proud to announce thefollowing new additions and promo-tions: James Walker IV and JohnHarris join the firm as partners.George Hibbs and KristenMcGuffey are promoted to partner.The following attorneys join the firmas of counsel: David Hansen(mergers and acquisitions), JeffJoyce (mergers and acquisitions),Mike Mehrman (intellectualproperty), Ann Moceyunas (technol-ogy group), Susan Spenser (corpo-rate securities) and Terresa Tarpley(corporate securites). Nineteenassociates join the firm: BrianAnderson (intellectual property),Lorie Boe (technology group),Kevin Broyles (corporate technol-ogy), David Cicero (corporatesecurities), John Doughty (intellec-

53J U N E 2 0 0 0

tual property), James Fisher (corpo-rate technology), Matthew Gries(corporate securities), David Hagy(commercial litigation), RobHoskyn (litigation group), RobertJoseph (corporate securities),Andrew Kaiser (corporatesecurites), Larry Kunin (intellectualproperty), Heath Linsky (corporatesecurities), Bill McDaniel (corporatesecurites), Colleen O’Brien (corpo-rate securites), Heather Sample(real estate group), Leslie Sherman(labor & employment), GerryWilliams (corporate securities),Sandra Young (creditor’s rights &bankruptcy). Visit the firm’s Website at www.mmmlaw.com.

In ColumbusThe firm of Hatcher, Stubbs,

Land, Hollis & Rothschild an-nounces that Gregory S. Ellingtonhas been named partner. The firm’soffice is located at 233 12th Street,Suite 500 Corporate Center, Colum-bus, GA 31901; (706) 324-0201.

In MariettaDawson & Huddleston an-

nounces Jason R. Manton andJason L. Nohr have joined the firmas associates. Both Manton andNohr will help continue the firm’spractice in securities arbitration,products liability, medical malprac-tice, and personal injury. Visit thefirm’s Web site atwww.dawsonhuddleston.com.

In MadisonH. James Winkler and Jeffrey

R. Davis of Winkler & Davis LLCannounce that C. Wilson DuBose hasjoined them as a partner, and the newfirm will be known as Winkler,DuBose & Davis LLC. DuBoseformerly was managing partner of theAtlanta office of Schnader Harrison

Attorney GeneralThurbert Baker

Official Opin ion sNo official

opinions wereissued in the monthof February.

Un officialOpin ion s

Governor.The Governor’spower to vetoindividual appropriations does notinclude the power to reduce anappropriation. (2/11/2000 No.U2000-2)

Juvenile courts. Local legisla-tion is not necessary to establish ajuvenile court for Liberty Countyalone, but the powers of the juvenilecourt cannot be restricted to only thatcounty. (2/21/2000 No. U2000-3)

Open Records Act. The billingand payment records of publicemployees and officials to a munici-pally owned and operated publicutility system are subject to disclo-sure under the Georgia OpenRecords Act, barring the properapplication of any exception. Addi-tionally, any special treatment ofthose public officials by such utilitiesmay need to be disclosed under theEthics in Government Act and thefailure to do so could subject therecipients to legal action. (2/25/2000No. U2000-4) U

CreativeLegal Re-sourcepickup 4/00 p55

Segal & Lewis LLP. While he willprincipally practice in Madison, hewill also maintain an Atlanta office at2800 SunTrust Plaza, Atlanta, GA30308-3252; (404) 215-8109. TheMadison office is located at 300Hancock St., P.O. Box 671, Madison30650; (706) 342-7900; fax (706)342-0011. Visit the firm’s Web site atwww.wddlaw.com. U


POSTCARDS FROM ADISTURBING TIME

James Allen, Hilton Als, Congressman John Lewis,and Leon F. Litwack, Without Sanctuary: LynchingPhotography in America, Twin Palms Publishers 209pages $60

Reviewed by Janet E. Hill

WITHOUT SANCTUARY EXPLORES THE AMERICANphenomenon of “lynching postcards,” once popular butoutlawed in 1908. Using these postcards as a focal point,the authors have painstakingly documented the personalhistory of the lynching victims, describing the eventswhich led to their deaths, as well as depicting the harshreality of their tortures and deaths. As horrific as thedescriptions may be, the spectators’ joy and pride at theirparticipation in the lynch-ings reflected in the post-cards are even more disturb-ing. The mobs’ eyes andexpressions have no senseof shame or fear of havingbroken a law. Indeed, thereis an air of glee about thespectators as they gather,often with their children, towitness vigilante “justice.”

Readers will be haunted by the postcard inscriptions,such as: “Well, John — This is a token of a great day wehad in Dallas, March 3rd, a negro was hung for an assaulton a three year old girl. I saw this on my noon hour. I wasvery much in the bunch. You can see the negro hangingon a telephone pole.”

Another particularly disturbing card shows thecharred corpse of Jesse Washington, a mentally retardedseventeen-year-old boy, who was convicted, after fourminutes of deliberations, of murder-ing the white woman on whose farmhe worked. After all . . . he had“confessed.” The authors recountwhat happened next: he was takenfrom the courtroom, beaten anddragged through town, castrated, hisears and fingers cut off; the moblowered him repeatedly into a ragingfire, to the shouts of the crowd, until

he was totally charred; then, to make an example of him,his corpse was hung on public display in front of theblacksmith shop in a nearby town that had a large blackpopulation. The postcard’s (grammatically insufficient)inscription reads: “This is the Barbecue we had last nightmy picture is to the left with a cross over it your son Joe.”

Reading this book may make readers feel sick andunclean. The images and stories still crowd thisreviewer’s mind: a nine-year-old commenting “I haveseen a man hanged, now I wish I could see one burn”;Mary Turner, eight months pregnant, being lynched formaking unwise remarks about her husband’s execution;her unborn child being stomped to death by the mob; andSame Hose’s severed knuckles being displayed in thewindow of an Atlanta grocery store. In his Foreword to

Without Sanctuary, Con-gressman John Lewis asks:“What is it in the humanpsyche that would drive aperson to commit such actsof violence against theirfellow citizens?” The bookcannot answer this ques-tion. Perhaps no one reallycan.

My one criticism of this book is its emphasis on theSouth’s history of lynching. As Ida B. Wells stated in1909, “Time was when lynching appeared to be sectional,but now it is national — a blight upon our nation, mock-ing our laws and disgracing our Christianity.” Nowhere inthe commentary is there any discussion of lynchingoutside the South, even though the photographs andstories are not limited to Southern atrocities. Indeed, onlyhalf of the lynchings depicted in the book are in theConfederate states, with the remaining having taken place

in Ohio, Indiana, Illinois, Minnesotaand other states.

Unfortunately, lynchings andother hate crimes are not geographi-cally or culturally limited. Theevening news brings us constantreminders of humans’ capacity tohate. Despite that flaw, this book leftthis reviewer determined to continuewhat Ida B. Wells described as the

Editor’s Note: Photographs fromWithout Sanctuary: LynchingPhotography in America are onexhibit at the New-York HistoricalSociety (2 West 77th Street atCentral Park West) through July9, 2000.

The images an d stories still crowd thisreviewer’s min d: a n in e-year-oldcommen tin g “I have seen a man han ged,n ow I wish I could see on e burn .”

55J U N E 2 0 0 0

“work of making the ‘law of the land’ effective andsupreme upon every foot of American soil — a shield tothe innocent; and to the guilty, punishment swift andsure.” Indeed, such determination is the ultimate goal ofthe authors:

It is my hope that Without Sanctuary will inspire us,the living, and as yet unborn generations, to be morecompassionate, loving, and caring. We must preventanything like this from ever happening again. (Congress-man John Lewis, Foreword, Without Sanctuary)

The authors should be commended for their profes-sional presentation of such graphic and disturbing materi-als, which will both attract and repulse the reader. Theyshould also be congratulated for contributing the photo-graphs and postcards to Robert W. Woodruff Library’sSpecial Collection, Emory University, where they areonly available to researchers by appointment, therebyremoving this potential “collectible” from the marketplace.

Janet E. Hill is a partner in the firm of Nelson, Hill, Lord & Beasley,

LLP, a plaintiffs’ civil rights and employment litigation law firm with

offices in Athens and Decatur. Hill is also Vice-President of the National

Employment Lawyers Association. She graduated from the UGA School

of Law in 1982 and has been practicing employment law since that time.

Duly NotedCivil Rights in the United States, 2 vols. Eds. Waldo E.Martin, Jr. and Patricia SullivanMacmillan Reference $250

The goal of this two-volume reference compendiumis to make information about the civil rights struggleavailable to “a wide audience in a highly accessibleformat.” In addition to supplying an informative overviewof civil rights and entries on well-known figures such asBooker T. Washington and Martin Luther King, Jr., thebooks conceptualize civil rights as “evolving out of many,often diverse, sources and moments” in American history.As such, information is provided about leaders, writers,activists and artists from a number of contexts, including:Gay and Lesbian Rights, the Woman Suffrage Movement,the Chinese Americans Citizens Alliance, the ChicanoMovement, and the Native American Movement. As anoutgrowth of a series of NEH Summer Institutes atHarvard University’s W.E.B. Du Bois Institute on Teach-ing the History of the Civil Rights Movement, this setprovides valuable insights into the ongoing civil rightsstruggles in the United States. U

Alcohol/Drug Abuse an d Men tal Health Hotlin eIf you are a lawyer and have a personal problem that is causing you significant concern, the Lawyer Assistance Program

(LAP) can help. Please feel free to call the LAP directly at (800) 327-9631 or one of the volunteer lawyers listed below. All callsare confidential. We simply want to help you.

Area Committee Contact PhoneAlbany ............................................................................... H. Stewart Brown ................................................................................. (912) 432-1131Athens ................................................................................ Ross McConnell ................................................................................... (706) 359-7760Atlanta ............................................................................... Melissa McMorries ............................................................................... (404) 522-4700Florida ............................................................................... Patrick Reily ......................................................................................... (850) 267-1192Atlanta ............................................................................... Henry Troutman ................................................................................... (770) 980-0690Atlanta ............................................................................... Brad Marsh ........................................................................................... (404) 876-2700Atlanta/Decatur ................................................................. Ed Furr .................................................................................................. (404) 231-5991Atlanta/Jonesboro .............................................................. Charles Driebe ...................................................................................... (404) 355-5488Cornelia ............................................................................. Steven C. Adams .................................................................................. (706) 778-8600Fayetteville ........................................................................ Glen Howell ......................................................................................... (770) 460-5250Hazelhurst .......................................................................... Luman Earle ......................................................................................... (912) 375-5620Macon ................................................................................ Bob Daniel ............................................................................................ (912) 741-0072Macon ................................................................................ Bob Berlin ............................................................................................ (912) 745-7931Norcross ............................................................................ Phil McCurdy ....................................................................................... (770) 662-0760Rome ................................................................................. Bob Henry ............................................................................................ (706) 234-9442Savannah ........................................................................... Tom Edenfield ...................................................................................... (912) 234-1568Valdosta ............................................................................. John Bennett ......................................................................................... (912) 242-0314Waycross ........................................................................... Judge Ben Smith ................................................................................... (912) 285-8040Waynesboro ....................................................................... Jerry Daniel .......................................................................................... (706) 554-5522


DISCIPLINE NOTICES (March 10 - April 26, 2000)

DisbarredJohn J. SowaAtlanta, GeorgiaJohn J. Sowa (State Bar No. 668595)voluntarily surrendered his license topractice law in the State of Georgia.The Supreme Court accepted Sowa’ssurrender by order dated March 13,2000. Sowa pled guilty to 27 countsof mail fraud, and was disbarredbased on these felony convictions.

Suspen dedConstance Pinson HeardStone Mountain, GeorgiaOn March 13, 2000, the SupremeCourt suspended Constance PinsonHeard (State Bar No. 342190) fromthe practice of law for six months torun concurrently with a six-monthsuspension previously imposed.

Heard was retained to represent aclient in a divorce proceeding. Theclient paid Heard $750, along withcourt filing fees. She never filed thedivorce action and refused to accountfor the disposition of the client’sfunds.

Review Pan el Repriman dR. Gawyn MitchellColumbus, MississippiR. Gawyn Mitchell (State Bar No.513420) petitioned the SupremeCourt for voluntary discipline. TheCourt accepted Mitchell’s petition onMarch 10, 2000, and ordered him toreceive a Review Panel reprimand. Aresident of Mississippi retained aMississippi attorney, who was notadmitted in Georgia, to represent himin divorce proceedings. The Missis-sippi attorney associated Mitchell,

who gave legal advice and signedand filed pleadings as Georgiacounsel. Although Mitchell is anactive member of the Mississippibar, he has been an inactive memberof the State Bar of Georgia since1990, and was therefore practicing inGeorgia in violation of the BarRules.

In terim Suspen sion sUnder State Bar Disciplinary Rule 4-204.3(d), a lawyer who receives aNotice of Investigation and fails tofile an adequate response with theInvestigative Panel may be sus-pended from the practice of law untilan adequate response is filed. SinceMarch 10, 2000, five lawyers havebeen suspended for violating thisRule. U

house ad

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The Lawyers Foundation of Georgia Inc. sponsors activities to promote charitable, scientific and educational purposesfor the public, law students and lawyers. Memorial contributions may be sent to the Lawyers Foundation of GeorgiaInc., 800 The Hurt Building, 50 Hurt Plaza, Atlanta, Georgia 30303, stating in whose memory they are made. The

Foundation will notify the family of the deceased of the gift and the name of the donor. Contributions are tax deductible.

Abram, Morris B. Admitted 1940Geneva, Switzerland Died March 2000

Carr, Terry A. Admitted 1982Morrow Died March 2000

Hunt, Edwin F. Admitted 1959Atlanta Died March 2000

Johnston, McCready Admitted 1949St. Simons

Lumpkin Jr., Frank G. Admitted 1935Columbus Died March 2000

Monsky, E. H. Admitted 1949Decatur Died March 2000

Moore, Elizabeth Felton Admitted 1993Toccoa Died April 2000

Mostiler, Johnny Baxter Admitted 1972Griffin Died April 2000

Pinkston, Frank C. Admitted 1947Macon Died March 2000

Pond, Lawrence J. Admitted 1985Norcross Died April 2000

Reese, Arthur C. Admitted 1975Lawrenceville Died 2000

Regan, James Ignatius Admitted 1994Atlanta Died March 2000

Schlosberg, Myra Joy Admitted 1997Marietta Died December 1999

Sterne, Edwin L. Admitted 1929Atlanta March 2000

Sumner, Walter Edwin Admitted 1976Atlanta Died March 2000

Watson, Jess H. Admitted 1941Gainesville Died March 2000

Wilson Jr., Alexander E. Admitted 1931Atlanta Died April 2000

The Lawyers Foundation of Georgia will soon be

furnishing the Georgia Bar Journal with Memorials

Pages to honor deceased members of the State Bar of

Georgia. These pages will include information about the

individual’s accomplishments. For information about

placing a memorial, please contact the Lawyers Founda-

tion at 404-526-8617 or 800 The Hurt Building, 50 Hurt

Plaza, Atlanta, GA 30303.

Honor Colleagues With A Memorial


ATLANTA ATTORNEY GARYD. Zweifel has been elected memberof the Board of Directors of theNational Guardianship Association(NGA). Founded in 1988, NGA iscomprised of more than 500 indi-viduals in public and private, for-profit and not-for-profit agencies andorganizations. It provides memberswith education and training as wellas the opportunity to network and

help set a national agenda to ensurestandards of excellence for personsserving as guardians.

The Greater AtlantaHadassah’s Attorney’s Councilpresented Judge Phyllis Kravitch ofthe 11th Circuit of the United StatesCircuit of Appeals with its firstTrailblazer Award during a dinnerheld in her honor on May 3 inAtlanta. The evening’s program,

titled, “The Four P’s of Success:Presentation, Power, Politics &Policy,” was presented by JudgeJoyce Bihary of the U.S. BankruptcyCourt; Connie Glaser, author of“Swim with the Dolphins”; JudgeStephanie Manis of the SuperiorCourt of Fulton County; and KarenWildau, partner of Powell, Goldstein,Frazier & Murphy LLC. Hadassah,the Women’s Zionist Organization ofAmerica, is the largest Jewishvolunteer women’s organization inthe U.S. Its programs include healtheducation; community volunteerprojects; social action and advocacy;Jewish education and research; andpartnerships with Israel. Hadassahalso supports health care, educationand youth institutions, and reforesta-tion and parks projects in Israel. TheGreater Atlanta Hadassah has existedfor more than 80 years.

F. Sheffield Hale, a partner inthe business practice group of theAtlanta firm Kilpatrick StocktonLLP, was elected chairman of theGeorgia Trust for Historic Preser-vation during the Trust’s AnnualMeeting held on April 1 in Colum-bus. Hale joined the Board ofTrustees of the Georgia Trust in 1995and has served as First Vice-Chair-man since 1998, the year the Trustnamed him Volunteer of the Year.Hale has served as chairman of St.Jude’s Recovery Center and theRhodes Hall Board of Governors,and on the boards of The AtlantaHistorical Society, The HistoricOakland Foundation, The AtlantaPreservation Center and The JoelChandler Harris Association. He isalso a member of the 1996 class ofLeadership Atlanta and the 1999class of Leadership Georgia.

Holland and Knight , one ofthe ten largest law firms in the U.S.,is the first firm to be honored by theUnited Way of America (UWA)for corporate community involve-ment. The firm received the Sum-mit Award as part of the UWA’sannual Spirit of America Programfor members of its National Corpo-rate Leadership program. Hollandand Knight contributes time equalto three percent of its total billablehours to pro bono work, whichaverages to about 50 hours perlawyer per year – a value of ap-proximately $7 million. Addition-ally, the firm has a CommunityServices Team and a CharitableFoundation, which focus on probono and other community serviceissues.

The national law firm of Alston& Bird LLP was recently nomi-nated by BellSouth for the Com-puter World Smithsonian Awardin recognition of its role in a “firstof its kind” federal bankruptcycase, in which the firm petitionedfor and received ground-breakingpermission to serve process to adefendant via electronic mail

Focus on Firms(please see Service of Process by E-mail in the February 2000 issue ofthe Georgia Bar Journal). Eachyear, the Computer WorldSmithsonian Awards Programpresents to the Smithsonian Institu-tion a group of outstanding users ofinformation technology who havehelped revolutionize the way wecommunicate, conduct business,govern our lives and learn about theworld. J. William Boone andJeffrey J. Swart, members of theAlston & Bird team involved in thecase, were presented with aSmithsonian medallion on behalf ofthe firm at a special ceremony heldon April 3 at the Smithsonian inWashington, DC. Once nominated,firms submit their case studies.They are then designated “Laure-ates” under the Computer WorldSmithsonian Awards Program andare honored by having their casestudies included in the SmithsonianInstitution’s Permanent ResearchCollection. Within each of theprogram’s ten categories, oneLaureate will receive the ComputerWorld Smithsonian Award for thatcategory.

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Also, Kilpatrick Stockton partnerC. Ray Mullins was appointed bythe 11th Circuit Court of Appeals asthe new Bankruptcy Judge for theU.S. Bankruptcy Court for theNorthern District of Georgia.

Another Kilpatrick Stocktonattorney, J. Stephen Shi, is among39 of the firm’s lawyers to berecognized in the Eighth Edition ofThe Best Lawyers in America 1999-2000. Inclusion in this publication isconsidered a singular honor, as it is acompilation of the top lawyers in thenation as selected by their peers andcompetitors. Lawyers throughout thestate were asked to rate the clinicalabilities of other lawyers in theirrespective practice areas, and onlythose attorneys who earned theconsensus support of their peerswere included. The survey was

On April 11, 2000, the Supreme Court of Georgia heard oral argument at D.M. Therrell High School inAtlanta. Porter v. State was an appeal from a murder conviction and Wade v. Wade involved child custodyissues. This marked the first time in Georgia and possibly only the second time in U.S. history that any StateSupreme Court has heard oral argument at a high school.

Therrell students were an integral part of the process. Student preparation for the Supreme Court’s visitbegan in January 2000. Therrell teachers and administrators structured the entire semester around issuesassociated with the Court’s visit. Therrell students received short briefs of the cases and literature about theSupreme Court and the judicial process. Students participated in court-related projects in Law and Govern-ment classes as well as Social Studies, Art, History, Speech and Drama.

The Supreme Court, the Atlanta Bar Association, the Atlanta School Board, the State Bar of Georgia, theAtlanta Bar Association and the staff of Therrell High School worked together to create an enriching experi-ence for everyone involved.

Supreme Court Convenes at Local High School

executed by Woodward/White Inc.Shi is a partner in the EnvironmentalPractice Group’s Atlanta office, withextensive experience in virtually allaspects of environmental law.

Judge Thomas B. Wells waselected Chief Judge of the UnitedStates Tax Court for a two-yearterm that began June 1. Wells is amember of the American BarAssociation’s Tax Section and of theState Bar of Georgia, where heserved on the Board of Governorsand the Board of Editors of theGeorgia State Bar Journal. Wellsreceived his J.D. from EmoryUniversity Law School in 1973, andhis Masters of Law in Taxation fromNew York University Law School in1978.

Thomas L. West III wasrecently elected president-elect of

the American Translators Associa-tion for a two-year term. Westpracticed international and corporatelaw for five years with the Atlantafirm of Alston & Bird before found-ing Intermark Language Services, anAtlanta-based provider of transla-tions to lawyers, bankers and ac-countants around the world. He isalso the author of the Spanish-English Dictionary of Law andBusiness. West is a graduate of theUniversity of Virginia School of Lawand holds a bachelor’s degree inFrench, summa cum laude, from theUniversity of Mississippi as well as amaster’s in German from VanderbiltUniversity. U


A SPECIAL SESSION OF THECourt of Appeals of Georgia held onMonday, April 3, 2000, paid touch-ing tribute to retiring Presiding Judgeand Former Chief Judge WilliamLeRoy McMurray Jr.

The number of family members,colleagues and friends of McMurraywho turned out for theevent exceeded thecapacity of Room 617 ofthe State Judicial Build-ing in Atlanta, and asecond room was set upto allow viewing of theproceedings viateleprompter. In keepingwith the Court’s long-standing tradition, thetribute culminated withthe unveiling of a portraitof McMurray, painted byartist George Mandus,which will be hung in theCourt of Appeals court-room alongside portraitsof other appellate retir-ees.

The two-hour presentation was apoignant one throughout, beginningwith the invocation by Dr. R. PageFulgham, pastor of the Sylvan HillsBaptist Church in Atlanta, duringwhich he explained that McMurray“chose early on to serve God ratherthan man.” Distinguished presentersincluded Governor Roy E. Barnes,who referred to McMurray as a “truegentleman.” This sentiment wasreiterated time and again by suchlong-time acquaintances ofMcMurray as Former GovernorGeorge D. Busbee (who first ap-pointed McMurray to the Court),Supreme Court Justice George H.Carley, Attorney General Thurbert E.

Words of Wisdom, Inspiration Mark Tributeto Retiring Appellate Court Judge

Baker, and Court of Appeals ChiefJudge Edward H. Johnson, whopresided over the morning’s proceed-ings.

The speakers provided glimpsesinto McMurray’s extraordinary life,from his military service duringWorld War II and the Korean con-

flict, to his work with the FederalBureau of Investigation (where hemet his wife) and, of course, hisbrilliant legal career.

He has written or participated in13,500 published opinions, a recordthat, according to Justice Carley,“may never be surpassed.” He wasreelected to the Court of Appealswithout opposition an unprecedentedfive times where, according toFormer Supreme Court Justice HardyGregory, Jr., he has “presided not asa tyrant but as a servant.” In 1979, hebecame Presiding Judge, a title heheld for a record 20 years. Andthroughout, he earned the admirationand respect of his colleagues,

including Attorney General Baker,who said of McMurray, “He hasserved this state with honor andintegrity for almost a quarter of acentury.”

Cordele attorney Guy VelpoeRoberts Jr., was so overwhelmedwith emotion that he opted to have

his speech presented byDr. John F. Gibson, aretired Baptist ministerfrom Macon. AndMcMurray himself chosenot to step up to thepodium but rather hadBrother Daniel D.Tamburo, Jr., lay lectorand commentator inMichigan as well asMcMurray’s brother-in-law, read aloud his verymoving, written responseto the occasion. “It is along, long way fromSouth Georgia to thishallowed place,” saidTamburo, readingMcMurray’s words.

“Each of you is a very special personto me . . . you honor me by yourpresence.” McMurray’s speechcredited “the will and grace of God”for his accomplishments and saidabout the tribute, “I am humbled.” Inparting, he offered words to live by:“If you are seeking inner peace inyour life, then be nice to one another. . . be able to say, before you go tosleep, ‘I hold no animosity’.”

McMurray’s retirement waseffective March 31, 2000, but he willgo on to serve as Senior AppellateCourt Judge. U

— Nikki Hettinger

Retiring Judge William LeRoy McMurray Jr. is congratulatedby Bar President Rudolph Patterson and his wife, Rosemary,upon his retirement.

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2000 Law School Orien tation son Profession alismAttorn ey Volun teer Form

Full Name (Mr./Ms.) ______________________________

Nickname: _____________________________________

Address: ______________________________________

_____________________________________________

_____________________________________________

Telephone: _________________ Fax: _______________

Area(s) of Practice: ______________________________

Year Admitted to the Georgia Bar: ___________________

Bar#: _________________________________________

Reason for Volunteering: __________________________

_____________________________________________

_____________________________________________

Law schools Date Time Reception/Lunch

Emory I* August 25, 2000 10 a.m.-noon Noon-1 p.m.Emory II* October, 2000 TBAEmory III* February, 2001 TBA

Georgia State August 15, 2000 3:15-5:15 p.m. 5:15-6 p.m.John Marshall August 15, 2000 10 a.m.-noon TBAMercer August 18, 2000 2-4 p.m. 4- 5 p.m.

UGA August 14, 2000 2-4 p.m. 4 -5 p.m.

*Emory has expanded its Orientation to three sessions.

Please return to:State Bar Committee on Professionalism

Attn.: Terie Latala800 The Hurt Building

50 Hurt PlazaAtlanta, Georgia 30303

phone (404) 527-8768; fax (404) 527-8711

Sign Up For Orientationson ProfessionalismTHE ORIENTATIONS ON PROFESSIONALISMconducted by the State Bar Committee on Professional-ism and the Chief Justice’s Commission on Professional-ism at each of the state’s law schools have become apermanent part of the orientation process for entering lawstudents. The Committee is now seeking lawyers andjudges to volunteer from across the state to return to youralma maters or to any of the schools to help give backpart of what the profession has given you by dedicating ahalf-day of your time this August to introduce the conceptof professionalism to first-year students. U

Insurance Special-ists new


N O T I C E S

Secon d Publication ofProposed Formal AdvisoryOpin ion Request No. 98-R7

Members of the State Bar ofGeorgia are hereby NOTIFIED thatthe Formal Advisory Opinion Boardhas made a final determination thatthe following Proposed FormalAdvisory Opinion should be issued.(As a result of comments receivedfrom members of the State Bar andfor purposes of clarification, theFormal Advisory Opinion Board hasadded language to the fifth paragraphof the OPINION section of theProposed Opinion. The added lan-guage is underlined.) Pursuant to theprovisions of Rule 4-403(d) ofChapter 4 of the Rules and Regula-tions of the State Bar of Georgia, thisproposed opinion will be filed withthe Supreme Court of Georgia on orafter June 19, 2000. Any objection orcomment to this Proposed FormalAdvisory Opinion must be filed withthe Supreme Court within twenty (20)days of the filing of the ProposedFormal Advisory Opinion and shouldmake reference to the request numberof the proposed opinion.

Proposed Formal AdvisoryOpin ion Request No. 98R7

QUESTION PRESENTED:May a Georgia attorney contract with

a client for a non-refundable retainer?

Second Publication of ProposedFormal Advisory Opinion

SUMMARY ANSWER:A Georgia attorney may not

contract with a client for a non-refundable special retainer. Generally,there are two forms of retaineragreements with clients: generalretainers (also known as “true”retainers) and special retainers. It isimportant to distinguish betweenthese two forms in answering thequestion presented. A non-refundablespecial retainer, as opposed to ageneral retainer, is a contract forspecific services by an attorney paidin advance by the client and notrefundable to the client regardless ofwhether the services have beenprovided. As such a non-refundablespecial retainer violates Standard 23obligating an attorney to promptlyrefund all unearned monies uponwithdrawal by the attorney, includingwithdrawal prompted by the client,and also violates the client’s absoluteright to terminate a representationwithout penalty. In addition, in thatnon-refundable retainers permitpayment for services that have notbeen provided, such retainers neces-sarily violate Standard 31 prohibitingany “fee in excess of a reasonablefee”.

This prohibition on non-refund-able special retainers does not pro-hibit general retainers. Generalretainers are not advance paymentsfor specific services to be providedbut are, instead, payment for theavailability of an attorney withoutregard to specific services to be

provided. General retainers are acommitment by an attorney to aparticular client, thus disqualifyingthe attorney from representations inconflict with that client, and are fullyearned at the time of contracting.

Nor does the prohibition on non-refundable retainers prohibit anattorney from designating by contractpoints in a representation at whichspecific advance fees payments willhave been earned, so long as this isdone in good faith and not as anattempt to penalize a client fortermination of the representation orotherwise avoid the requirements ofStandard 23. All such fee arrange-ments are, of course, subject toStandard 31.

OPINION:In answering the question pre-

sented, it is necessary to clearlydistinguish between general andspecial retainers. General retainersare agreements providing for theavailability of an attorney to a clientfor services without regard to specificservices to be provided. Generalretainers require no future acts by theattorney, only continued availability.By the act of committing himself orherself to be available to the client forfuture representation, should the needfor such arise, and thus disqualifyinghimself or herself from representa-tions in conflict with this client, theattorney has earned the monies paidunder a general retainer. Clients mayrecover such fees only upon proof of

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acts by the attorney inconsistent withthe commitment. Specifically, if aclient terminates a general retainer, nofees paid for the general retainer needbe returned to the client for such feeshave been fully earned.

Special retainers are agreementsproviding for the advance payment offees for specified services to beprovided. This is true regardless ofthe manner of determining theamount of the fee or the terminologyused to designate the fee, e.g., hourlyfee, percentage fee, flat fee, fixed fee,minimum fee, advance fee, or prepaidfee.

In FORMAL ADVISORY OPINION 91-2(FAO 91-2), we said:

“Terminology as to the varioustypes of fee arrangements doesnot alter the fact that the lawyeris a fiduciary. Therefore, thelawyer’s duties as to fees shouldbe uniform and governed by thesame rules regardless of the par-ticular fee arrangement. Thoseduties are . . .: 1.)To have a clearunderstanding with the client asto the details of the fee arrange-ment prior to undertaking therepresentation, preferably inwriting; 2.)To return to the cli-ent any unearned portion of a fee;3.)To accept the client’s dis-missal of him or her (with orwithout cause) without imposingany penalty on the client for thedismissal; 4.)Comply with theprovisions of Standard 31 as toreasonableness of the fee.”

Also, citing In the Matter ofCollins, 246 Ga. 325 (1980), we said,in the same Formal Advisory Opin-ion:

“The law is well settled that a cli-ent can dismiss a lawyer for anyreason or for no reason, and thelawyer has a duty to return anyunearned portion of the fee.”1

Non-refundable special retainers,as we have defined them above,would be contracts to violate theethical duties and law specificallyaddressed in FAO 91-2. As such theywould be in violation of Standard 232

and Standard 31 and are not permittedin Georgia. Since FAO 91-2 wasissued, the Supreme Court of Georgiahas confirmed that non-refundableretainers, i.e., contracts for specificservices by an attorney paid inadvance by the client and not refund-able to the client regardless ofwhether the services have beenprovided, are in violation of theclient’s absolute right to terminatewithout penalty and, therefore, inviolation of the ethical obligations anattorney has as a fiduciary of a client.See, AFLAC, Inc. v. Williams, 264 Ga.351 (1994). In so doing, the Courtfollowed the lead of Matter ofCooperman, 83 N.Y. 2d 465 (1994),by specifically referring to theanalysis upon which that opinion wasbased. See, AFLAC, Inc. v. Williams,264 Ga. 351, 353 fn 3, citingBrickman & Cunningham, Nonre-fundable Retainers: ImpermissibleUnder Fiduciary, Statutory, andContract Law, 57 FORDHAM L. REV.146, 156-57 (1988) for the proposi-tion that most non-refundable retain-ers are unethical and illegal.

This ethical and legal prohibitionon non-refundable retainers, however,does not prohibit Georgia attorneysfrom designating by contract, pointsin the representation at which specificadvance fees will have been earned solong as this is done in good faith andnot as an attempt to penalize a clientfor termination of the representation.See, Fogarty v. State, 270 Ga 609(1999). And, of course, the prohibi-tion described here does not call in toquestion the use of flat fees, minimumfees, or any other form of specialretainer or advance fee payment solong as such fees are not made non-refundable upon withdrawal by the

attorney including withdrawalprompted by the client. Nor need anattorney place any fees into a trustaccount absent special circumstancesnecessary to protect the interest of theclient. See Georgia Formal AdvisoryOpinion 91-2. Finally, there is nothingin this opinion that prohibits anattorney from contracting for largefees for excellent work done quickly.When the contracted for work is done,however quickly it may have beendone, the fee is earned and there is noissue as to its non-refundability. Thereis nothing in the prohibition on non-refundable fees that requires the valueof an attorney’s services to be mea-sured by the time spent. Instead, allfee arrangements are subject toStandard 31, which provides that thereasonableness of a fee shall bedetermined as follows:

A fee is clearly excessive when,after a review of the facts, a law-yer of ordinary prudence wouldbe left with a definite and firmconviction that the fee is in ex-cess of a reasonable fee. Factorsto be considered as guides in de-termining the reasonableness ofa fee include the following:

(1) The time and labor required,the novelty and difficulty ofthe questions involved, andthe skill requisite to performthe legal service properly.

(2) The likelihood, if apparent tothe client, that the acceptanceof the particular employmentwill preclude other employ-ment by the lawyer.

(3) The fee customarily chargedin the locality for similarlegal services.

(4) The amount involved and theresults obtained.

(5) The time limitations imposed



On or after the 30th day of June 2000, the State Barof Georgia will file a Motion to Amend the Rules andRegulations for the Organization and Government of theState Bar of Georgia (hereinafter referred to as “Rules”).

It is hereby certified by the undersigned that thefollowing is the verbatim text of the proposed amend-ments as approved by the Board of Governors of the StateBar of Georgia. Any member of the State Bar of Georgiadesiring to object to these proposed Rules is remindedthat he or she may only do so in the manner provided byRule 5-102, Ga. Ct. and Bar Rules, pp. 11-1 et seq.

This statement and the following verbatim text areintended to comply with the notice requirements of BarRule 5-101.

IN THE SUPREME COURTSTATE OF GEORGIA

IN RE: STATE BAR OF GEORGIARules and Regulationsfor its Organizationand GovernmentMOTION TO AMEND 00-1

MOTION TO AMEND RULES AND REGULATIONSOF THE STATE BAR OF GEORGIA

The State Bar of Georgia, pursuant to authorizationand direction of its Board of Governors in a regularmeeting held on March 25, 2000, and upon concurrenceof its Executive Committee and Committee on Organiza-tion of the State Bar, presents to the Court his Motion toAmend the Rules and Regulations for the Organizationand Government of the State Bar of Georgia as set forthin an Order of this Court dated December 6, 1963 (219Ga. 873), as amended by subsequent Orders, Ga. Ct. andBar Rules, pp. 11-1 et seq., and respectfully moves thatthe Rules and Regulations of the State Bar be amendedfurther in the following respects:

Notice of Motion to AmendState Bar Rules

I. Amendments to Part I, Creation and Organization,Chapter 5, Finance

It is proposed that Part I, Creation and Organization,Chapter 5, Finance be amended by deleting the strickenportions and by inserting the boldfaced italicized phrasesas follows:

CHAPTER 5FINANCE

Rule 1-501. License Fees.(a) Annual license fees for membership in the State

Bar shall be due and payable on July 1 of each year. Uponthe failure of a member to pay the license fee by Septem-ber 1, the member shall cease to be a member in goodstanding. When such license fees and late fees for thecurrent and prior years have been paid, the member shallautomatically be reinstated to the status of member ingood standing, except as provided in section (b) of thisRule.

(b) In the event a member of the State Bar of Georgiais delinquent without reasonable cause in the payment oflicense fees for a period of one (1) year, the member hismembership in the State Bar of Georgia shall be terminatedautomatically suspended, and he shall not practice law inthis state. He The suspended member may thereafterreinstate lift such suspension of membership only uponthe successful completion of the Georgia Bar Examinationall of the following terms and conditions:

(i) payment of all outstanding dues, assessments,late fees, reinstatement fees, and any and allpenalties due and owing before or accruing afterthe suspension of membership;

(ii) provide the membership section of the State Barthe following:

(A) a certificate from the Office of GeneralCounsel of the State Bar that the suspendedmember is not presently subject to any disci-

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plinary procedure;

(B) a certificate from the Commission on Con-tinuing Lawyer Competency that the sus-pended member is current on all requirementsfor continuing legal education;

(C) a determination of fitness from the Boardto Determine Fitness of Bar Applicants;

(iii) payment to the State Bar of a non-waivablereinstatement fee as follows:

(A) $150.00 for the first reinstatement paidwithin the first year of suspension, plus$150.00 for each year of suspension thereaf-ter up to a total of five years;

(B) $250.00 for the second reinstatement paidwithin the first year of suspension, plus$250.00 for each year of suspension thereaf-ter up to a total of five years;

(C) $500.00 for the third reinstatement paidwithin the first year of suspension, plus$500.00 for each year of suspension thereaf-ter up to a total of five years; or

(D) $750.00 for each subsequent reinstate-ment paid within the first year of suspension,plus $750.00 for each year of suspensionthereafter up to a total of five years.

The yearly increase in the reinstatement feeshall become due and owing in its entirety uponthe first day of each next fiscal year and shallnot be prorated for any fraction of the fiscalyear in which it is actually paid.

(c) A member suspended for a license fee delin-quency for a total of five years in succession shall beimmediately terminated as a member without furtheraction on the part of the State Bar. The terminatedmember shall not be entitled to a hearing as set out insection (d) below. The terminated member shall berequired to apply for membership to the Office of BarAdmissions for readmission to the State Bar. Uponcompletion of the requirements for readmission, theterminated member shall be required to pay the totalreinstatement fee due under subsection (b)(iii) aboveplus an additional $750.00 as a readmission fee to theState Bar.

(d) Prior to terminating suspending membership for a

license fee delinquency, the State Bar shall send bycertified mail a notice thereof to the last known address ofthe member as contained in the official membershiprecords. It shall specify the years for which the license feeis delinquent and state that either the fee and all penaltiesrelated thereto are paid within sixty (60) days or a hearingto establish reasonable cause is requested within sixty(60) days, the membership shall terminate be suspended.

If a hearing is requested, it shall be held at State BarHeadquarters within ninety (90) days of receipt of therequest by the Executive Committee. Notice of time andplace of the hearing shall be mailed at least ten (10) daysin advance. The party cited may be represented bycounsel. Witnesses shall be sworn; and, if requested bythe party cited, a complete electronic record or a tran-script shall be made of all proceedings and testimony. Theexpense of the record shall be paid by the party request-ing it and a copy thereof shall be furnished to the Execu-tive Committee. The presiding member or special mastershall have the authority to rule on all motions, objections,and other matters presented in connection with theGeorgia Rules of Civil Procedure, and the practice in thetrial of civil cases. The party cited may not be required totestify over his or her objection.

The Executive Committee shall (1) make findings offact and conclusions of law and shall determine whetherthe party cited was delinquent in violation of this Rule 1-501; and (2) upon a finding of delinquency shall deter-mine whether there was reasonable cause for the delin-quency. Financial hardship short of adjudicated bank-ruptcy shall not constitute reasonable cause. A copy ofthe findings and the determination shall be sent to theparty cited. If it is determined that no delinquency hasoccurred, the matter shall be dismissed. If it is determinedthat delinquency has occurred but that there was reason-able cause therefor, the matter shall be deferred for one(1) year at which time the matter will be reconsidered. Ifit is determined that delinquency has occurred withoutreasonable cause therefor, the membership shall terminatebe suspended immediately upon such determination. Anappropriate notice of termination suspension shall be sentto the clerks of all Georgia courts and shall be publishedin an official publication of the State Bar of Georgia.Alleged errors of law in the proceedings or findings of theExecutive Committee or its delegate shall be reviewed bythe Supreme Court. The Executive Committee maydelegate to a special master any or all of its responsibili-ties and authority with respect to terminating suspendingmembership for license fee delinquency in which eventthe special master shall make a report to the Committeeof its findings for its approval or disapproval.

After a finding of delinquency, a copy of the finding


shall be served upon the Respondent attorney. TheRespondent attorney may file with the Court any writtenexceptions (supported by the written argument) saidRespondent may have to the findings of the ExecutiveCommittee. All such exceptions shall be filed with theClerk of the Supreme Court and served on the ExecutiveCommittee by service on the General Counsel withintwenty (20) days of the date that the findings were servedon the Respondent attorney. Upon the filing of exceptionsby the Respondent attorney, the Executive Committeeshall within twenty (20) days of said filing, file a report ofits findings and the complete record and transcript ofevidence with the Clerk of the Supreme Court. The Courtmay grant extensions of time for filing in appropriatecases. Findings of fact by the Executive Committee shallbe conclusive if supported by any evidence. The Courtmay grant oral argument on any exception filed with itupon application for such argument by the Respondentattorney or the Executive Committee. The Court shallpromptly consider the report of the Executive Committee,exceptions thereto, and the responses filed by any party tosuch exceptions, if any, and enter its judgement. A copy

of the Court’s judgement shall be transmitted to theExecutive Committee and to the Respondent attorney bythe Court.

Within thirty (30) days after a final judgement whichterminates suspends membership, the terminated sus-pended member shall, under the supervision of theSupreme Court, notify all clients of said terminatedsuspended member’s inability to represent them and ofthe necessity for promptly retaining new counsel, andshall take all actions necessary to protect the interests ofsaid terminated suspended member’s clients. Should theterminated suspended member fail to notify said clientsor fail to protect their interests as herein required, theSupreme Court, upon its motion, or upon the motion ofthe State Bar of Georgia, and after ten (10) days’ notice tothe terminated suspended member and proof of failure tonotify or protect said clients, may hold the terminatedsuspended member in contempt and order that a memberor members of the State Bar of Georgia take charge of thefiles and records of said terminated suspended memberand proceed to notify all clients and take such steps asseem indicated to protect their interests. Any member ofthe State Bar of Georgia appointed by the Supreme Courtto take charge of the files and records of the terminatedsuspended member under these Rules shall not be permit-ted to disclose any information contained in the files andrecords in his or her care without the consent of the clientto whom such file or record relates, except as clearlynecessary to carry out the order of the court.

(e) Any member terminated solely for license feedelinquency after January 1, 1997 shall be eligible toapply for reinstatement on the same terms and condi-tions and in the same manner as a member suspendedfor license fee delinquency may apply for lifting ofsuspension pursuant to (b) above.

Rule 1-501.1. License Fees — Late Fee.Any member who has not paid his or her license fee

on or before August 1 shall be penalized in the amount ofseventy-five dollars ($75.00). Any member who isdelinquent in his or her license fee on or after January 1of each year shall be penalized in the additional amountof one hundred dollars ($100) for a total of one hundredseventy-five dollars ($175).

Rule 1-502. Amount of License Fees.The amount of such license fees for active members

shall not exceed $250.00, and shall annually be fixed bythe Board of Governors for the ensuing year; provided,however, that except in the case of an emergency, suchannual dues shall not be increased in any one year bymore than $25.00 over those set for the next preceding

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year. The annual license fees for inactive members shallbe in an amount not to exceed one-half (1/2) of those setfor active members. Subject to the above limitations,license fees may be fixed in differing amounts for differ-ent classifications of active and inactive membership, asmay be established in the bylaws.

Rule 1-502.1. Fees for Associates.The amount of fees for associates as provided in Rule

1-206 shall be fixed by the Board of Governors at anamount less than the amount prescribed for active mem-bers pursuant to Rule 1-502, but for such amount as willreasonably cover the cost of the publications furnished;provided, however, law student association fees may befixed at a nominal level.

Rule 1-503. Disbursements.The Board of Governors shall have the power to

direct the disbursement of funds of the State Bar ofGeorgia. No officer named herein and no member of theBoard of Governors shall receive any compensation forhis or her services except that the Board of Governorsmay provide for the reimbursement of the actual andnecessary expenses incurred by officers in the dischargeof their duties.

Rule 1-504. Bonds.Every person having the duty or right to receive or

disburse the funds of the State Bar of Georgia shall berequired to furnish bond conditioned on his or her faithfulperformance with such security as the bylaws or theBoard of Governors may require.

Rule 1-505. Audit.The Board of Governors shall annually cause an audit

of the financial affairs of the State Bar of Georgia to bemade, and the bylaws shall provide for the communica-tion of the findings thereof to themembership.

Rule 1-506. Clients’ Security FundAssessment.

(a) The State Bar of Georgia isauthorized to assess each member ofthe State Bar of Georgia a fee of$100.00. This $100.00 fee may bepaid in minimum annual installmentsof $20.00 for a period of five (5)years. Each new member of the StateBar will also be assessed a similaramount payable in a similar mannerupon admission to the State Bar of

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Georgia. This fee shall be used only to fund the Clients’Security Fund and shall be in addition to the annuallicense fee as provided in Rule 1-501 through Rule 1-502.

(b) The Clients’ Security Fund assessment shall bedue and payable in $20.00 installments on July 1 of eachyear until the balance of $100.00 is paid. The failure of amember to pay the minimum annual installments shallsubject the member to the same penalty provisions,including late fees and termination suspension of mem-bership, as pertain to the failure to pay the annual licensefee as set forth in Bar Rules 1-501 and 1-501.1.

Rule 1-507. Bar Facility Assessment.(a) The State Bar is authorized to assess each member

of the State Bar a fee of $200.00. This $200.00 fee maybe paid in minimum annual installments of $50.00 for aperiod of four (4) years. This fee shall be used to pur-chase, maintain, and operate a facility for the State Baroffices and shall be in addition to the annual license fee asprovided in Rule 1-501 through Rule 1-502 and theClients’ Security Fund Assessment as provided in Rule 1-506.

(b) The Bar Facility assessment shall be due andpayable in $50.00 installments on July 1 of each yearuntil the balance of $200.00 is paid. For members admit-ted to the State Bar prior to July 1, 1997, such install-ments shall begin on July 1, 1997. For newly admittedmembers of the Bar, such installments shall begin when anew member is admitted to the State Bar. The failure of amember to pay the minimum annual installments shallsubject the member to the same penalty provisions,including late fees and termination suspension of mem-bership, as pertain to the failure to pay the annual licensefee as set forth in Bar Rules 1-501 and 1-501.1. U


Supreme Court IssuesFormal Advisory Opinion

During the month of January2000, the Supreme Court of Georgiaissued a formal advisory opinion thatwas proposed by the Formal AdvisoryOpinion Board. Following is the fulltext of the opinion issued by thecourt.

STATE BAR OF GEORGIAISSUED BY THE SUPREMECOURT OF GEORGIAON JANUARY 21, 2000

Formal Advisory Opin ionNo. 00-1 (Proposed FormalAdvisory Opin ion No. 98-R6)QUESTION PRESENTED:

When the City Council controlsthe salary and benefits of the mem-bers of the Police Department, may acouncilperson, who is an attorney,represent criminal defendants inmatters where the police exercisediscretion in determining thecharges?

SUMMARY ANSWER:Representation of a criminal

defendant in municipal court by amember of the City Council wherethe City Council controls salary andbenefits for the police does notviolate any Standards and does notsubject an attorney to discipline. Inany circumstance where it may createan appearance of impropriety,however, it should be avoided.

OPINION:We have previously addressed a

related question, that is, the ethicalpropriety of an attorney/city councilmember representing private clientsbefore city-appointed judges whenthe council is involved in appointingjudges. Formal Advisory OpinionNo. 89-2. That opinion recognizedthat no Standards were applicable,but upon consideration of Directory

Rule 8-101(a)(2), concluded that asan ethical matter, the attorney shouldremove himself to avoid creating theappearance of impropriety.

Directory Rule 8-101-1(a)(2)provides: “A lawyer who hold publicoffice shall not ... use his publicposition to influence, or attempt toinfluence, a tribunal to act in favor ofhimself or a client...” It is notdirectly applicable here, because theconcern is not with influence upon atribunal, but rather with influenceupon a law enforcement officer.Where the law enforcement officerworks with the prosecutor and hassignificant impact on the exercise ofprosecutorial discretion, however,any improper influence may affectthe tribunal by affecting the chargespresented to the tribunal.

This opinion addresses itself to asituation where the City Councilmember votes on salary and benefitsfor the police. Particularly in smallmunicipalities, this situation couldgive rise to a perception that a policeofficer’s judgment might be affected.For example, a police officer mightbe reluctant to oppose a request thathe recommend lesser charges or thedismissal of charges when therequest comes from a councilmember representing the accused. AsFormal Advisory Opinion No. 89-2explains, situations like the one athand give rise to inherent influencewhich is present even if the attorney

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who is also a City Council memberattempts to avoid using that positionto influence the proceedings.

Directory Rule 9-101, “AvoidingEven the Appearance of Impropri-ety”, is also implicated in thissituation. Directory Rule 9-101provides in section C that “A lawyershall not state or imply that he is ableto influence improperly or uponirrelevant grounds any tribunal,legislative body, or public official.”As a general matter, a police officeris a public official. See White v.

West 1/2 “building blocks 4Cpickup 4/00 p71

Fireman’s Fund Ins. Co., 233 Ga.919 (1975); Sauls v. State, 220 Ga.App. 115 (1996). But see O.C.G.A.§45-5-6. Where a police officerexercises discretion as to the pros-ecution of criminal charges, thepolice officer is a public officialwithin the meaning of DirectoryRule 9-101. Pursuant to DirectoryRule 9-101, therefore, an attorneyshould not represent a criminaldefendant where an inference ofimproper influence can reasonablybe drawn.

This opinion, as did FormalAdvisory Opinion No. 89-2, “offersethical advice based on the appli-cable ethical regulations.” Therepresentation discussed, if engagedin, would not per se violate anyStandard and would not subject theattorney to discipline. We also notethat the ethical concerns raised bythis representation are personal to theattorney and would not be imputed toother members of the law firm. U


6-99(Fri) 6-99(Sat) 8/99 11-99 1-00 3/00Savannah Savannah Amelia Brasstown Atlanta Macon• • • • • Ross Adams• • • • • • Anthony B. Askew• • • • • William Steven Askew

• • Thurbert E. Baker• • • • • • Donna Barwick

• • • • • William D. Barwick• • • • • Robert L. Beard, Jr.n/a • • J. Lane Bearden

• • • • James D. Benefield III• • • • • Barbara B. Bishop

• • • Joseph A. Boone• • • • • Wayne B. Bradley• • • • • • Jeffrey O. Bramlett• • • • Sam L. Brannen

• • e e James C. Brim, Jr.n/a • • • • • William K. Brokern/a n/a • • • • James Michael Brown

• • • • Thomas R. Burnside, Jr.n/a • • • • S. Kendall Butterworth• • • • • • William E. Cannon, Jr.• • • • • • Edward E. Carriere, Jr.• • • • • • Paul Todd Carroll, III• • • • • • Bryan M. Cavan• • • • • • Thomas C. Chambers, III

• • • F. L. Champion, Jr.• • • • • John A. Chandler• • • • • Joseph D. Cooley, III• • • • • Delia T. Crouch• • • • • William D. Cunningham• • • • • William V. Custer, IV• • • • • David P. Darden• • • • • • Dwight J. Davis• • • • • • Joseph W. Dent• • • • • Ernest De Pascale, Jr.

• • • • Foy R. Devine• • • • • • Charles J. Driebe• • • • • C. Wilson DuBose• • • • • • James B. Durham• • • • • • Myles E. Eastwood• • • • • Gerald M. Edenfield• • • J. Franklin Edenfield• • • • • O. Wayne Ellerbee

• • • • Michael V. Elsberry• • • • • J. Daniel Falligant• • • • e e B. Lawrence Fowler• • • • • • James B. Franklin• • • • • Gregory L. Fullerton• • • • • Gregory A. Futch

• • • • H. Emily George• • • • • • Adele P. Grubbsn/a • • • • • Robert R. Gunn, II• • • • • • John P. Harrington

• • • • • Walter C. Hartridgen/a • • • • Steven A. Hathorn• • • • • James A. Hawkins• • • • • Joseph J. Hennesy, Jr.• • • • • • Phyllis J. Holmen• • • • Roy B. Huff• • • • Donald W. Huskins• • • • • • Robert D. Ingram• • • • • James Irvin• • • • • e Rachel K. Iverson• • • • • Michael R. Jones, Sr.• • • • • • William Alan Jordann/a • • • • • J. Benjamin Kay, IIIn/a • • • Dow (Kip) N. Kirkpatrick• • • • William P. Langdale, Jr.e • • e • Earle F. Lasseter

• • • • J. Alvin Leaphart• • • • Francis Marion Lewis

• • • • • • David S. Lipscomb

Board of Governors Meeting Attendance6-99(Fri) 6-99(Sat) 8/99 11-99 1-00 3/00Savannah Savannah Amelia Brasstown Atlanta Macon• • • • • • Hubert C. Lovein• • • • • • Leland M. Malchown/a • • • • • Edwin Marger• • • • • H. Fielder Martin• • • • • • C. Truitt Martin, Jr.n/a • • • • Johnny W. Mason, Jr.

• • • William C. McCalley• • • • • • William C. McCracken• • • • • Ellen McElyea

• • • • Joseph Dennis McGovern• • • • Larry M. Melnick

• • • C. Patrick Milford• • • • J. Brown Moseley

• • • • • A. L. Mullins• • • • • • George E. Mundy• • • • • • Aasia Mustakeem

• • • John A. Nix• • • • • • Dennis C. O’Brien• • • • • Bonnie C. Oliver• • • • • • Rudolph N. Patterson

• • Matthew H. Patton• • • Carson Dane Perkins

• • Patrise Perkins-Hooker• • • • • • J. Robert Persons

• • • • • R. Chris Phelps• • • • John C. Pridgen• • • • Thomas J. Ratcliffe, Jr.

• • • • • • George Robert Reinhardt• • • Jeffrey P. Richards

n/a • • • • • Robert V. Rodatus• • • • e Tina Shadix Roddenbery• • • • • Joseph Roseborough• • • • • William C. Rumern/a • • • • • Dennis C. Sanders• • • • Thomas G. Sampsonn/a • • • • Robert L. Shannon, Jr.• • • • • • Michael M. Sheffieldn/a • • • • • Kenneth L. Shigley• • • • • • M.T. Simmons, Jr.• • • • • e Lamar W. Sizemore, Jr.

• • • • • William L. Skinnern/a • • • • • Philip C. Smith• • • • R. Rucker Smith• • • • S. David Smithn/a n/a • • • • Hugh D. Sosebee• • • • • • Huey Spearman

• • • • • Lawrence A. Stagg• • • • John Stell

• e • Frank B. Strickland• • • • Richard C. Sutton

• • • • • Jeffrey B. Talley• • • • • • John J. Tarleton• • • • • S. Lester Tate, III• • • • • • Henry C. Tharpe, Jr.• • • • • • Dwight L. Thomas

• • Edward D. Tolley• • • • • • Christopher A. Townley

• • • • Carl A. Veline, Jr.• • • • Joseph L. Waldrep

• • • • • J. Henry Walker• J. Tracy Ward• George W. Weaver

• • • • • • N. Harvey Weitz• • • A. J. Welch

• • • • Andrew J. Whalen, III• • • • • James L. Wiggins

• • • Wiliam N. Withrow, Jr.• • • Gerald P. Word

• • • • • Anne Workman• • • • Gordon R. Zeese

• • • Marvin H. Zion

• - attended; e - excused; blank- did not attend; n/a - not on Board; For a list of the Board of Governors by circuit, see the Directory pg. 9.

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CLE/Ethics/Professionalism/Trial PracticeNote: Due to space limitations, onlyseminars held in Georgia are listed.

July2000

14NATIONAL BUSINESS INSTITUTEEmployee Handbooks in Georgia:

Drafting & Enforcing Sound ProceduresAtlanta, GA

3.0/0.0/0.0/0.016

NATIONAL CRIMINAL DEFENSE COLLEGETrial Practice Institutes 2000

Atlanta, GA76.0/12.0/2.0/0.0

18NATIONAL BUSINESS INSTITUTECommercial Lending in Georgia

Atlanta, GA6.0/0.5/0.0/0.0

19NATIONAL BUSINESS INSTITUE

Health Law in GeorgiaAtlanta, GA

6.0/0.5/0.0/0.0

20NATIONAL BUSINESS INSTITUTE

Advanced Construction Law in GeorgiaAtlanta, GA

6.0/0.5/0.0/0.021

NATIONAL BUSINESS INSTITUTEChild Support & Enforcement In Georgia

Atlanta, GA6.0/0.5/0.0/0.0

23ICLE

Fiduciary Law InstituteSt. Simon’s, GA

12.0/1.0/1.0/3.025

NATIONAL BUSINESS INSTITUTEEffective Planning for the Small Estate

in GeorgiaAtlanta, GA

3.0/0.0/0.0/0.028

PROFESSIONAL EDUCATION SYSTEMSAn Intensive Introduction to Law, Tax &

FormationAtlanta, GA

6.9/0.8/0.0/0.0NATIONAL BUSINESS INSTITUTE

The Law of the InternetAtlanta, GA

6.0/1.0/0.0/0.0LORMAN BUSINESS CENTER

Workers’ Compensation in GeorgiaMacon, GA

6.0/0.0/0.0/0.0

August2000


A Practical Guide to Estate Administra-tion in Georgia

Atlanta, GA6.7/0.5/0.0/0.0


Workers’ Compensation Hearing GeorgiaAtlanta, GA

6.0/0.5/0.0/0.09

NATIONAL BUSINESS INSTITUTESelecting & Terminating Employees in

GeorgiaAtlanta, GA

6.0/0.0/0.0/0.011

ICLEEnvironmental Law Institute

Jekyll Island, GA8.0/1.0/1.0/3.0

PROFESSIONAL EDUCATIONGeneral Fiduciary Income Tax Workshop

Atlanta, GA6.7/0.0/0.0/0.0

LORMAN BUSINESS CENTEROrganization & Operation

Atlanta, GA6.7/0.0/0.0/0.0

25GEORGIA INDIGENT DEFENSE COUNCILStatewide Criminal Defense Training

(Advanced)Athens, GA

6.0/0.0/0.0/4.0

September2000

7GEORGIA INDIGENT DEFENSE COUNCIL

New Lawyer TrainingAtlanta, GA

12.5/0.0/0.0/12.518

SOUTHERN FEDERAL TAX INSTITUTE35th Annual Southern Federal Tax

InstituteAtlanta, GA

35.0/1.0/1.0/0.0

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Ga Legal Servicesnew

by the client or by thecircumstances.

(6) The nature and length ofthe professional relation-ship with the client.

(7) The experience, reputa-tion, and ability of thelawyer or lawyersperforming the services.

(8) Whether the fee is fixedor contingent.

En dn otes1. Georgia Formal Advisory Opin-

ion 91-2.2. See also, ABA Model Rule of

Professional Conduct 1.16(d),“Upon termination of representa-tion, a lawyer shall take steps tothe extent reasonably practicableto protect a client’s interests, suchas . . . refunding any advance pay-ment of fees that has not beenearned.” Georgia is now in theprocess of considering adoption ofa version of the ABA ModelRules of Professional Conductincluding Model Rule 1.16(d). Asnoted in this Opinion Model Rule1.16(d) is consistent with the cur-rent ethical obligations of Georgialawyers

Con tin ued from Page 63


Rethin kin g In take, CasePlacemen t, an d CaseHan dlin g

At many pro bono programs, themajority of staff/administrative timeis spent in recruiting potentialvolunteers, screening possible casesfor placement, and placing individualcases with individual attorneys. Thecurrent system has its strengths, butit is highly time-intensive, particu-larly when the cases to be placed arerelatively simple matters that will notrequire a substantial investment ofvolunteer attorney time. How can probono programs reconfigure theiroperations to minimize staff time andmaximize volunteer participation?Creative approaches include, but arenot limited to, the following:

� � Self-contained volunteerprojects. One important technique toreduce staff administrative time is totransfer infrastructure responsibilitiesto legal employers and institutionsand other collections of attorneysthat not only provide access to manylawyers but also have administrativeand other capacities. Atlanta hasbeen at the forefront of this innova-tion. The Children’s SSI project, inwhich the Atlanta office of Nelson,Mullins partnered with AtlantaVolunteer Lawyers to provideoutreach and screening, is an excel-lent example of such a project, as isthe Atlanta Bar’s Truancy Interven-tion Project, in which Alston & BirdLLP has played a leading role.

However, these projects need notbe limited to large firm participation.In other states, law school alumniassociations, bar sections, or lawyerswho belong to a particular religiousgroup or institution have bandedtogether to design, sponsor, adminis-ter and staff their own projects,freeing up the pro bono staff for

more sophisticated training, supportand mentoring work.

� � Ending intake as we know it.Rather than spending a great deal ofstaff or volunteer time screeninglow-income clients who are seekinglegal assistance, some programs arenow relying on others to perform thattime-consuming function, trainingsocial workers, physicians’ assis-tants, nurses’ aides and others whospend a great deal of their timereaching out and working with low-income families to conduct effectivescreening of legal issues. Not only isthis a time-saver for pro bonoprogram and legal services staff, italso builds stronger ties with socialservices providers and often leads tothe identification of previouslyunrecognized legal problems,because the social service staff isoften more attuned and adept at“getting the full story.”

� � Ending recruitment as weknow it. Traditionally, pro bonoprograms have recruited attorneys on aone-on-one basis to participate in probono work and have viewed onlythose lawyers officially signed up withthe program as potential volunteers.This is both an artificially narrow anda highly time-consuming approach torecruitment and placement. Someprograms now use faxes and e-mail tocontact a subset of all practicinglawyers (not simply those who haveaffirmatively “joined” the program)regarding clients who need counsel.Since attorneys are often impelled todo pro bono work because they aremoved or excited about the facts of aparticular case, programs that reachout broadly report placement rates ashigh (or even higher) than the rates ofcase placement among officiallyrecruited volunteers.

� � Holistic delivery (and goingwhere the clients are). For manylow-income clients, resolving theirpresenting legal problem withoutaddressing other issues often results

in only short-term relief. Representa-tion of a child in a juvenile mattermay be somewhat futile if thatjuvenile returns to a highly dysfunc-tional family. Obtaining SSI benefitsfor a sick child, while a beneficialoutcome, may only address one facetof a family’s even more pressingconcerns about the child’s develop-ment. A number of programs in-creasingly recognize the importanceof providing legal assistance in thecontext of a constellation of broaderservices — medical, financial,counseling, etc. — to insure betteroutcomes and better lives for poorfamilies. Increasingly, this alsomeans that, rather than waiting forclients to come to their offices withproblems, these programs go wherepeople needing help can be found —elderly day care centers and housing,hospitals, social service centers.

� � Technology. Technology is avitally important tool in promotinginnovative approaches to pro bonoservice. As noted above, the use of e-mail to solicit pro bono attorneys canhelp programs to substantiallyincrease volunteer participation.Listservs can help in the manage-ment of self-contained and self-administered volunteer projects.Programs now use television/computerlinks to serve clients in remote ruralareas, cutting down on the travel timethat often drastically limited access tolegal assistance in those areas, andmaking staff and volunteer attorneysfrom more populous parts of the stateavailable to serve poor people in areaswith few or no lawyers. In one city, allUnited Way-funded programs —including legal services — are nowlinked electronically so that they canmore easily provide complimentaryinterdisciplinary services to theircommon clients.


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Con clusionPro bono services currently offer

an important but somewhat limitedlegal resource for low-incomepersons. When viewed in a morecreative fashion, pro bono — byleveraging every possible lawyer,aligning with other service providers,and offering a wide range of legalskills — can become a source oflong-term, effective solutions toproblems faced by the poor. If thenation’s full-time advocates in legalservices and pro bono programsbegin to view themselves not as theprimary case handlers, but rather asstrategists and resource managers

Morningstar new

who engage and support a largercommunity of advocates, includingprivate lawyers, community groups,social services providers, and evengovernment agencies, we can trulymake justice for all a reality. U

Esther F. Lardent is president and chief oper-

ating officer of The Pro Bono Institute. She is

immediate past Chair of the American Bar

Association’s Consortium on Legal Services

and the Public, and currently serves on the

ABA’s Board of Governors. Lardent received

her undergraduate degree, magna cum laude,

from Brown University, and her law degree

from the University of Chicago.

Author’s Note: This article is based, in part,

on an earlier article by the same author that

appeared under the title Reinventing Pro Bono

in the November 1999 issue of the Cornerstone,

a newsletter published by the National Legal

Aid and Defender Association. For further in-

formation about the Pro Bono Institute, please

contact the PBI Web site at www.probono

inst.org.


Professionalism created a community service award to bepresented to a lawyer from each of Georgia’s ten judicialcircuits. In making these awards, the Chief Justicedemonstrated his conviction that such service is a corner-stone of professionalism inthe law. “I want lawyers tofocus on their roles incommunity service,” he said.“Sometimes they get soinvolved with the professionthat they don’t see it as partof a bigger picture.

People are so involvedwith their professions that ittakes them away from theircommunity,” he continued.“If I decide I won’t attendmy son’s Eagle Scoutceremony to put in anotherhour at the office, in tenyears’ time I won’t remember much about the case, butmy son will remember I wasn’t there. When your son getsa merit badge or an autistic child is able to lift a bite offood to [her] mouth — those are important occasions foryou.”

Further, the Chief Justice cited his own experiences,including volunteering for Habitat for Humanity andparticipating in numerous church and community pro-grams, as a source of great personal satisfaction. Beyondhis personal benefit, the Chief Justice stressed that his probono work is “designed to enrich the community andoffer tools for addressing problems. I have a vestedinterest – the more problems the community can solve,the fewer problems they’ll be bringing to court.”

Chief Justice Benham has sharedhis philosophy and personal experiencewith members of the Georgia GeneralAssembly:

We are also proud of all of our legisla-tors, and we are proud of our lawyerlegislators — those who have givenof their time, energy, effort, and ser-vice to their fellow human beings. Asthe new legislators assume their roles,I want to remind you of something mydad told me when I was twelve. Simplemessage: he sat us down, my twobrothers and me, and said, “This iswhat it takes to live in this family: you

will serve your God, you will sacrifice for your fam-ily, you will share with your neighbors, and you willperform public service if called upon to do so.”

He concluded the 1999 State of the Judiciary addressby reciting a poem from an unknown author containing a

familiar theme:

I have not lived in vain ifI’ve lit some spark ofhope in some helplesssoul or helped somestruggling brother or sis-ter lift a heavy load.

If I have shed a light in adarkened hour then Ihave not lived in vain.

If we’ve erred as all menand women have and dis-pleased the God from

whence we came, but heard him say thou are for-given, then our prayers have not been in vain.We put our heart and soul within our labor.We didn’t strive to reach the hall of fame.We labored among the meek and the lowly.We’ve seen our fruits, our work has not been in vain. U

Chief Justice Robert Benham — who received a B.S. degree from Tuskegee

University in 1967, J.D. from University of Georgia in 1970, and LLM

from University of Virginia in 1989 — served on the Court of Appeals

from 1984 to 1989 when he was appointed to the Supreme Court by

Governor Joe Frank Harris. He has served as the 26th Chief Justice

since 1995.


“If I decide I won ’t atten d my son ’sEagle Scout ceremon y to put inan other hour at the office, in tenyears’ time I won ’t remember muchabout the case, but my son willremember I wasn ’t there.” — Chief Justice Robert Ben ham

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The overall in crease in in come forthe 126 children in these 49 familieswas $42,525 per mon th — or overhalf a million dollars in the course ofa year.

put an enormous strain on grandparents and grandchildrenalike. Furthermore, once grandparents adopt their grand-children, they then have the legal authority to makedecisions concerning theirmedical care and education.

The GrandparentsProject also helps relativesother than grandparents withadoptions when they arecaring for children who arenot their birth children. Forexample, one client, Dor-othy, who was 26, had takencare of her brother andsisters almost all of her life.Their parents had a longhistory of alcohol and drug abuse. Their father died nineyears ago, and their mother died five years ago of AIDS.Dorothy’s youngest sister is HIV-positive and requiresextra care, and Dorothy is the mother of four children ofher own. The household income was under $1,000 amonth from a combination of welfare, Social Securitydisability payments, and child support.

By adopting her siblings Dorothy gained the stablelegal relationship that she needed to make medical andeducational decisions for them, as well as the financialhelp they needed to pay for school clothes and otheressentials. After adoption the family will get over $1,000in Georgia’s Adoption Assistance alone. The SocialSecurity Disability payments and other support willcontinue, and the adopted children will get to keep theirMedicaid benefits. Best of all, each child has a stable,secure, and permanent home.

The Grandparents Project’s first full year was veryproductive. From July 1, 1998 through June 30, 1999,Venters placed 31 cases involving 77 children withvolunteer attorneys, mostly from Kilpatrick Stockton. Anadditional 18 cases involving 49 children were ready tobe placed as those cases were completed. Another 76clients were provided counsel and advice about otheroptions besides adoption; some of these clients, while noteligible for adoption now, could well be eligible in thefuture.

Con clusionWhat does this mean to the clients and to the commu-

nity? It means increased stability for 49 new families. Asthe volunteer attorneys completed these adoptions, eachchild began to receive adoption assistance. The overall

Con tin ued from Page 29 increase in income for the 126 children in these 49families was $42,525 per month — or over half a milliondollars in the course of a year. With this money, thegrandparents paid for decent housing, good food, cloth-ing, and educational and cultural enrichment.

The work of RickHorder and the speciallytrained volunteer attorneysat Kilpatrick Stocktonsignificantly enhanced theresources of the Grandpar-ents Project and allowed itto create secure and endur-ing homes for neglected,sometimes abused children.For its contribution to theGrandparents Project,Kilpatrick Stockton won the

1999 William B. Spann Award from the State Bar ofGeorgia for leadership in the field of pro bono legalservices. U

Steve Gottlieb has been Executive Director of the Atlanta Legal Aid So-

ciety since 1980. In addition to the Grandparents Project, he has created

many programs that address special legal problems and vulnerable popu-

lations, for example, the AIDS Legal Project, the Fundraising Project,

and the Georgia Senior Legal Hotline. He graduated from Hamilton

College and received his law degree from the University of Pennsylva-

nia Law School.

Karen Steanson has been Director of Development of the Atlanta Legal

Aid Society since August 1998. Her responsibilities include management

of the recent campaign for the Society’s Endowment Fund (raising over

$1 million in outright gifts and deferred commitments from individuals)

and the Annual Bar Campaign, communications, foundation proposals,

and special events-such as the celebration of the Society’s 75th Anniver-

sary throughout 1999. She graduated from Stetson University and earned

a Ph.D. in English literature and an MBA from Yale University.

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engage in pro bono service. There is empirical data tosupport the proposition that recruitment is enhanced by awell supported, structured, user-friendly firm pro bonoprogram and that firms with such programs command arecruiting advantage.17

It Allows us to Meet our Ethical Duty as Lawyers.This is listed where it is because, as stated above, I

don’t believe this is a terribly meaningful factor. We allknow the ethics rules relating to our profession and eitherappreciate the duty and contribute or rationalize our wayaround it. I do not believe that you can legislate, impose,or require morality.

Con clusionNow — while we are under the duress of trying to

fund astronomical associate starting salaries — is perhapsthe best time to review why lawyers engage in pro bonoservice and to recommit to it. This is so because thereshould be no relationship between lawyers’ essential corevalues and the periodic negative economics of lawpractice.

Pro bono activities are not spare time, ancillaryactivities; rather, they define who we, as lawyers, are. Theyare nuclear priorities on the road to fundamental fairnessand equal justice, a road that we, as custodians of thejustice system, are uniquely qualified to walk. Our commit-ment to walk this road and serve our neighbor must neverbe compromised by the swirling winds of economicchange.

I am happy to report that the Bendini committeeappointed by the Managing Partner rejected LancedeBoyle’s recommendation, leaving its commitment to probono activities intact, and otherwise found funding forassociate salary increases. And Atticus, smiling slightly, leftthe office early, picked up Scout and Jem and took them to theannual Legal Aid picnic. U

W. Terence Walsh is a partner in the Alston & Bird trial and appellate

practice and intellectual property litigation practice groups, a Past Presi-

dent of the Atlanta Bar Association and the Younger Lawyers Division of

the State Bar, and he served on the State Bar Board of Governors from

1979-99. He received his A.B. degree from Brown University in 1965

and his J.D. from Emory in 1970. Walsh currently chairs the State Bar

Committee on Children and the Courts.

En dn otes1. Bendini, Lambert & Locke is the law firm in the popular

John Grisham novel The Firm.2. This article is not going to quibble over the definition of “pro

bono,” accepting the definition of the Law Firm Pro BonoChallenge with a frequently stated preference for an expan-sion thereof to include more activities and thereby encourageservice on a broader scale, nor will this article enter into thethicket of mandatory pro bono, a non sequitur to this author.Rather, this article will posit that there are numerous and en-during bases for pro bono service and that these transcend thevagaries of financial markets and extraordinary economicenvironments.

3. Harry T. Edwards, The Growing Disjunction Between LegalEducation and the Legal Profession, 91 MICH. L. REV. 34, 66(1992).

4. Memorandum from Annemarie Stoll, Theater Operations As-sistant, Fisher Theater, Detroit, Michigan to Heather K.Gerken, Editor-in-Chief, Michigan Law Review 1 (June 8,1993).

5. OLIVER WENDELL HOLMES, The Profession of the Law, in COL-LECTED LEGAL PAPERS 29, 29-30 (1920).

6. Matthew 22:37-40.7. Luke 10-25-37.8. Nitza Milagros Escalera, A Christian Lawyer’s Mandate to

Provide Pro Bono Publico Service, 66 Fordham L. Rev. 1393,1399 (1998) (footnotes omitted).

9. President Abraham Lincoln, First Inaugural Address (Mar. 4,1861).

10. Robert v. Tift, 60 Ga. 566, 571 (1878) (emphasis added).11. Ester F. Lardent, Mandatory Pro Bono: in Civil Cases: The

Wrong Answer to the Right Question, 49 MD. L. REV. 78(1990); see also Richard C. Baldwin, “Rethinking Profession-alism” – And Then Living It!, 41 EMORY L. J. 433 (1992).

12. MARK TWAIN, FOLLOWING THE EQUATOR (1897).13. Jennifer Gerarda Brown, Rethinking “The Practice of Law,”

41 EMORY L.J. 451 (1992).14. Deborah L. Rhode, Cultures of Commitment: Pro Bono for

Lawyers and Law Students, 67 FORDHAM L. REV. 2415 (1999).15. Debra Burke, et al., Pro Bono Publico: Issues and Implica-

tions, 26 LOY. U. CHI. L.J. 61 (1994).16. Rhode, supra, note 13, at 2417.17. Burke, et al., supra, note 14, at 62.



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