Bar Conference Facilities Accommodate Members' Needs

106 Pages·2017·5.03 MB·English

February 2017 Volume 22, Number 5
GEORGIA BAR Calculating Economic
Damages in Georgia
Personal Injury and
JOURNA L
Wrongful Death Cases
How Companies Can
Keep Their Sensitive
Information Away
from Adversaries but
Still Cooperate with
Auditors
Leroy Johnson: In the
Center Ring of Change
Writing Matters: Our
10-Year Anniversary
FROM THE EXECUTIVE DIRECTOR
Meeting
Expectations:
Bar Conference
Facilities
Accommodate
Members’ Needs
GEORGIA BAR
JOURNAL
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F E B R U A R Y 2 0 1 7
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SWteipllhiaamni eL .B B. oMsta nJri.s ((11999913--9935)) Jennifer R. Mason MEETINGS INFORMATION pofofsictaegs.e A pdaivde rinti sAintlga nratate, Gcaar.d, awnidll a bded fituironniaslh meda iulipnogn
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222 GGGEEEOOORRRGGGIIIAAA BBBAAARRR JJJOOOUUURRRNNNAAALLL
GEORGIA BAR
JOURNAL
February 2017 | Volume 22 | Number 5
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GBJ | The Features
34 Leroy Johnson:
In the Center Ring of Change
DERRICK ALEXANDER POPE
40 Georgia’s BASICS Program:
A Continuing Testament to Our
Enduring Commitment to Justice
TARA LEE ADYANTHAYA KI
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43 Leveraging State Bar Resources M/ VIT
to Strengthen Resilience CO
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MICHELLE E. WEST O
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46 The State Bar of Georgia HO
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Diversity Program:
CALCULATING
Fueling the Pipeline and Looking
ECONOMIC DAMAGES
to Future Generations of Lawyers
IN GEORGIA PERSONAL
to Lead the Profession
INJURY AND
MARIAN COVER DOCKERY
WRONGFUL DEATH
CASES / 18
Charles L. Baum II, Ph.D.
HOW COMPANIES CAN
KEEP THEIR SENSITIVE
INFORMATION AWAY
The
FROM ADVERSARIES
BUT STILL COOPERATE
Legals
WITH AUDITORS / 26
John Jett and Joshua C. Hess
2017 FEBRUARY 3
74
ILLUSTRATION BY ISTOCK.COM/ LILKAR
GBJ | In Every Issue
5 Editor’s Letter 50 Georgia Lawyer Spotlight 69 Pro Bono Star Story
A Conversation with Michael D. Hurtt
6 From the President
Chief Justice P. Harris Hines Michael Monahan
10 From the YLD President
Jacob E. Daly
14 From the Executive
70 Member Benefi ts
Director
60 Offi ce of the General Counsel How to Search a Case
29 Know Your Bar
Let It Go! in Fastcase 7
54 Bench and Bar
Paula Frederick Sheila Baldwin
61 Attorney Discipline
64 Legal Tech Tips 66 Law Practice Management 72 Writing Matters
76 In Memoriam A Key Resource for Starting Writing Matters:
a Law Practice in Georgia Our 10-Year Anniversary
79 CLE Calendar
Natalie R. Kelly Karen J. Sneddon and David Hricik
81 Notices
104 Classified Resources
68 Pro Bono 74 Professionalism Page
104 Advertisers Index
Due Justice. Do Pro Bono. In a Season of Change,
Michael Monahan and Matthew Porter Emotional Intelligence
and Resilience Count in
the Success Columns
Avarita L. Hanson
4 GEORGIA BAR JOURNAL
EDITOR’S LETTER
February 2017 Volume 22, Number 5
The February Issue JGEOORGIAU BARRNAL CDPWeaarrlmocsnuoagnlgafaeutlsil nI Dnignje uEaGrcteyhoo na rCnogamdisa ei cs
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Journal This issue’s Pro Bono Star Story features
This new year, the has resolved
to continue bringing Bar members quality Michael D. Hurtt, who—with nearly 40 FROM THE EXECUTIVE DIRECTOR
Meeting
and pertinent information. years of pro bono work under his belt—ex- Expectations:
Bar Conference
In the From the President column, Bar plains why “no good deed goes unpunished” Facilities
Accommodate
Members’ Needs
President Pat O’Connor discusses the State does not apply to pro bono work.
Bar’s recent assumption of the ICLE’s ad- We are pleased to offer two legal ar- ON THE COVER
ministrative duties and why the transition ticles for your reference, both of which
STATE BAR CENTER, ATLANTA, GA
is a win-win for Bar members. are packed with practical, state-of-the-law
YLD President Jennifer Mock, in her information. The article “How Companies
From the YLD President column, address- Can Keep Their Sensitive Information
es the scarcity of rural lawyers and recent Away from Adversaries but Still Cooperate
attempts to ameliorate issues posed by the with Auditors” addresses the battle-within-
scarcity. The column highlights one pro- a-battle of keeping confidential informa-
gram in particular—the Succession Plan- tion confidential while also complying with
ning Pilot Program—that seeks to match financial disclosure obligations. For those
seasoned attorneys transitioning out of of us who never have to worry about finan-
full-time practice with newer attorneys cial disclosures, the article also doubles as a VISIT
interested in succeeding to an established good primer on privileged information and gabar.org
law practice. the work-product doctrine.
The Georgia Lawyer Spotlight column Those whose practice involves person-
VIEW ONLINE
continues its series of interviews with in- al injury and general tort law—either on
www.gabar.org/
fluential Bar members. For this issue, Jour- the plaintiff side or the defense side—will
newsandpublications/
nal Editorial Board member Jacob Daly sat find the “Calculating Economic Damages georgiabarjournal/
down with Chief Justice P. Harris Hines of in Georgia Personal Injury and Wrongful
the Supreme Court of Georgia. Chief Jus- Death Cases” article an invaluable reposi-
FOLLOW
tice Hines was appointed to the Court on tory of information on the nuts and bolts
Twitter
July 26, 1995, by Gov. Zell Miller, and was of calculating economic damages.
@StateBarofGA
elected presiding judge on Aug. 15, 2013, in Thank you for reading, and as always, @Georgia/YLD
which capacity he served until sworn in as please let us know what you think.  Facebook
chief justice on Jan. 4, 2017. /statebarofgeorgia
/GeorgiaYLD
Youtube
/StateBarofGeorgia
Flickr
/statebarofgeorgia
/yld
TIM COLLETTI
Editor-in-Chief, Georgia Bar Journal Instagram
[email protected] @statebarofga
2017 FEBRUARY 5
GBJ | From the President
ICLE Transition a Win-
Win for Bar Members
Y
H
P
A
R
G
O
T
O
H
P
S chures, books and publications, food and
E Since 1965, the Institute of Continu-
N
O ing Legal Education (ICLE) has existed beverage, professional speaker expense
Y J
SE as the not-for-profit educational service reimbursement and ICLE overhead. Any
A
Y C for members of the State Bar of Georgia surplus funds are used entirely for the im-
B
TO and, until the end of 2016, was a fully provement of continuing legal education
O
PH self-supporting consortium of the State products and services.
Bar and the law schools at the University All of the institute’s activities are de-
PATRICK T. of Georgia, Emory University, Mercer signed to promote a well organized, prop-
University, Georgia State University and erly planned, and adequately supported
O’CONNOR
Atlanta’s John Marshall Law School. program of continuing legal education
For more than three decades, ICLE by which members of our profession
President
was generously hosted by the University are afforded a means of enhancing skills
State Bar of Georgia
of Georgia. Effective Dec. 31, 2016, the and keeping abreast of developments in
[email protected]
administrative relationship between ICLE the law, and engaging in the study and
and the University of Georgia ended. Un- research of the law, so we as lawyers are
der the prior arrangement, the University able to fulfill our responsibilities to the
handled employee salaries and benefits, profession, the courts and the public.
with ICLE providing reimbursement of Georgia is one of 46 states that require
payroll and program planning costs. mandatory CLE for attorneys admitted
Since the beginning of this year, the to practice in their jurisdictions. Bar Rule
State Bar of Georgia has assumed the ad- 8-101 states, “It is of utmost importance
ministrative duties for ICLE. With much to members of the Bar and to the public
gratitude to all of the law schools in Geor- that attorneys maintain their professional
gia for their support and guidance over competence throughout their active prac-
the years, I see a very positive outlook for tice of the law.”
both ICLE and the State Bar as we make Bar members are required to keep
this transition. abreast of changes in the law by attending
ICLE’s revenue is derived from tuition a minimum of 12 hours of education ses-
charges and the sale of publications. ICLE sions each year. At least one hour must be
receives no revenue from State Bar dues in ethics, one hour must be in profession-
and exists solely to serve the educational alism and, for trial lawyers, three hours
needs of practicing lawyers. Income from of class time must be in litigation. Since
registration fees are allocated toward 1965, the State Bar has helped facilitate
CLE credit reporting, marketing and bro- this process through ICLE.
66 GGEEOORRGGIIAA BBAARR JJOOUURRNNAALL
During fiscal year 2016, the institute OFFICERS’ BLOCK
offered 226 live CLE seminars covering
dozens of practice areas, with approxi-
mately 83 percent of those taking place at
In this issue of the Georgia Bar Journal, we’re sticking with the
the Bar Center headquarters in Atlanta.
traditional February theme. We asked our State Bar of Georgia officers,
When possible, those sessions are simul-
When did you first fall in love with the law?
cast to the Coastal Georgia Office in Sa- “ ”
vannah and/or the South Georgia Office
in Tifton through videoconferencing.
The 16-member Commission for Con-
tinuing Lawyer Competency (CCLC),
which is authorized by the Supreme Court
PATRICK T. O’CONNOR
of Georgia to supervise and administer
President
rules and regulations of the continuing le-
gal education requirements for Bar mem- When I saw Hugh McNatt and Wilton Harrington try
bers, has approved self-study, or “distance a land line dispute in the Superior Court of Wheeler
learning,” as a method of satisfying up to County, with my Uncle J.B. O’Connor sitting as judge,
I knew I was hooked.
six hours of the annual mandate. Approved
self-study formats include live CLE activi-
ties presented via video or audio, replays of
live CLE activities, online CLE activities,
CD-ROM and DVD interactive CLE ac-
tivities, telephone CLE activities and writ- KENNETH B. KEN HODGES III
“ ”
ten correspondence CLE courses. Treasurer
According to former ICLE Interim Ex-
I don’t remember my “first” but it happened
ecutive Director Douglas G. Ashworth,
frequently when I was a prosecutor. It was every time
the institute served a total of 29,023 Bar
a victim hugged me, often times with tears in their
members in FY 2016, with 18,864 attend-
eyes, thanking me for standing up for them. And it
ing live seminars, 8,646 participating on-
continues today when I am able to help clients solve
line and 1,513 utilizing rented DVDs. their problems.
In addition to the majority of CLE
courses offered at one or more of the
State Bar’s offices, other sessions are
scheduled in conjunction with the Bar’s DARRELL L. SUTTON
Annual Meeting or other meetings at Secretary
various locations.
During my first day as a lawyer. Although intangible,
ICLE maintains a good relationship
there was something rewarding about practicing
and works closely with the chairs and
law, a feeling of accomplishment. And I have felt the
executive committee members of each of
same every day since. Nearly all those days have
the Bar’s 48 sections, the Young Lawyers been difficult—in one way or another. But each has
Division (YLD) and its committees to included that same love for the law.
coordinate schedules and hold audience-
appropriate seminars when and where
those groups are meeting. The institute
ROBERT J. BOB KAUFFMAN
also directs independent CLE program “ ”
Immediate Past President
providers to contact and work with Bar
section and YLD leaders to prevent the
As simple as it sounds, I fell in love with the law my
scheduling of competing seminars.
very first week of practicing, as soon as I was able to
In addition to offering conveniently help a client. I’ve loved it every day since. (That first
located sessions for Bar members, ICLE’s paycheck after receiving my first student loan bill
registration fees are the least expensive wasn’t too bad either!)
of any CLE provider, whether for-profit
or not-for-profit, when considering the
average mandatory CLE hourly cost (see
accompanying chart on page 8). This is
2017 FEBRUARY 7
How Do ICLE’s Seminar
Fees Compare to Others?
PROVIDER COST PER PROVIDER COST PER
MCLE HOUR MCLE HOUR
1. ICLE in Georgia $23.33 12. Oklahoma CLE $33.33
2. Florida Bar CLE $27.33 13. Pennsylvania Bar Institute $49.83
3. National Academy for CLE $28.17 14. Colorado CLE $51.50
4. Minnesota CLE $30.00 15. Likeable Lawyer $53.69
5. Texas Bar CLE $31.20 16. National Business Institute $59.83
6. Michigan ICLE $32.50 17. Alabama CLE (U of A Law) $63.17
7. South Carolina Bar CLE $32.50 18. CLE of British Columbia $66.15
8. Missouri Bar CLE $32.71 19. Tennessee Bar Assoc. CLE $70.00
9. Lawline $33.17 20. Practising Law Institute $71.43
10. Wisconsin CLE $33.20 21. West LegalEd Center $99.17
11. Mississippi Bar CLE $33.33 22. Tennessee Comm. on CLE $260.77
This is a simplified comparison figure, to wit: the average cost per fee structure like ICLE. The rates above are for the lowest priced
MCLE hour for other CLE providers, which includes for-profit and seminar per provider that was discovered in our review. These
nonprofit organizations. These figures were derived by comparing figures were compiled in March and April of 2016.
similar programs offered by 21 other providers based on the
information readily available on their websites. All of the rates were For most of the organizations, their registration fee does not include
calculated based on a typical 6-8 hour program (not including continental breakfast, lunch or printed materials. Some also did not
beginning lawyer classes). Many providers have seminars with include the cost of the attendee’s MCLE fees. ICLE registration fees
widely varying registration fees; only one or two seem to have a base include all of those things.
made possible in part by using the Bar tions. Constructive input from participants Bar Presidents Patrise M. Perkins-Hooker,
Center and other State Bar facilities for a through seminar and speaker evaluation Charles L. Ruffin, Kenneth L. Shigley and
majority of programs, which eliminates forms help ICLE and partnering organiza- J. Vincent Cook; YLD officers Jennifer C.
the added charges associated with the tions with the planning and speaker selec- Mock, Nicole C. Leet and John R. B. “Jack”
rental of hotel meeting rooms and audio/ tions for future events. Long; law school representatives Dean Pe-
visual equipment, and utilizing food-and- The continued cooperation and sup- ter B. “Bo” Rutledge and David E. Shipley
beverage caterers whose services are less port of Georgia’s appellate court judges of the University of Georgia, Dean Robert
expensive than those provided at hotels or and Bar leaders also contribute to ICLE’s A. Schapiro and A. James Elliott of Emory
other conference centers. Additional sav- success. Supreme Court justices and University, Dean Daisy Hurst Floyd and
ings are realized by ICLE’s ability to spread Court of Appeals judges often participate Oren Griffin of Mercer University, Roy
out overhead costs among its high volume as speakers or panelists for CLE semi- M. Sobelson and Dr. E. R. “Ray” Lanier of
of programs and passed on to Bar members nars. State Bar officers past and present Georgia State University and Dean Mal-
in the form of reduced registration fees. are among the Georgia lawyers who fill colm L. Morris and Michael Mears (the
Activity feedback is another critical many of the seats on the ICLE Board of board’s vice chair) of Atlanta’s John Mar-
component of ICLE’s commitment to con- Trustees, the institute’s governing body. shall Law School; and other at-large trust-
ducting educational programs of the high- My immediate predecessor as State Bar ees Thomas C. Chambers III, Patricia D.
est quality. ICLE has developed question- president, Robert J. “Bob” Kauffman, is Shewmaker, Geoffrey Allen Alls, Paul V.
naires intended to produce valuable insight the board’s current chair. Other members Balducci, Hon. Rizza O’Connor and John
as to Bar members’ satisfaction with their include current State Bar officers Brian D. W. Timmons Jr.
CLE experiences and whether the sessions “Buck” Rogers, Darrell L. Sutton, Ken- Thanks to ICLE, the continuing legal
meet attorneys’ needs and future expecta- neth B. Hodges III and myself; past State education program in Georgia is a source
8 GEORGIA BAR JOURNAL