Alabama Lawyer

2y ago
34 Views
3 Downloads
5.12 MB
76 Pages
Last View : 1m ago
Last Download : 2m ago
Upload by : Abram Andresen
Transcription

T h eAlabama LawyerJULY 2021 VoLUme 82, NUmber 4 Alabama Municipal Law 101(A Primer on the Basics)A Primer on the AlabamaOpen Meetings ActAlabama Local GovernmentProcurement Law BasicsMunicipal Liability Cap onDamages and UIM InsurancePage 244Page 251Page 258Page 262M U N I C I PA L A N D L O C A L G O V E R N M E N T E D I T I O N

T h eAlabama LawyerJULY 2021 VoLUme 82, NUmber 4c o L U m N sPresident’s Page232Executive Director’s Report236Important Notices237Editor’s Corner242a r T i c L e sEnd of an EraBy Justice Michael F. Bolin239MU N I C I PA L A N D LOC A L GOV ER N MEN T A RTI C LESAlabama Municipal Law 101 (A Primer on the Basics)By Lorelei A. Lein, Teneé R.J. Frazier, and H. Robert Johnston244A Primer on the Alabama Open Meetings ActBy Mark S. Boardman and Wilson P. Boardman251Alabama Local Government Procurement Law BasicsBy Morgan G. Arrington258Municipal Liability Cap on Damages and UIM InsuranceBy Angela C. Taylor262Private Judging: A Means for Expediting Justice for LitigantsBy Eileen L. Harris26630 Faces of Pro Bono: Part 4 of 6269Legislative Wrap-Up276Memorials283Opinions of theGeneral Counsel284The Appellate Corner288About Members,Among Firms298W. Gregory Ward, Lanett.Chair and Editorwgward@mindspring.comLinda G. Flippo, Birmingham.Associate Editorlflippo@whitearnolddowd.comWilson F. Green, Tuscaloosa .Associate Editorwgreen@fleenorgreen.comJonathan C. Hill (Rudy), Montgomery.Associate abamaStateBarflickr.com/AlabamaStateBarAlabama LawyerF e a T U r eDisciplinary Notices273TheOn The CoverHistoric railroad station inDecatur, Alabamawww.alabar.org 229

a d Ve r T i se r sABA Retirement Funds.233Alabama Academy ofAttorney Mediators.247Alabama Court Reporting, Inc.227Alabama Legal & InvestigativeServices, Inc.243Attorneys Insurance MutualOf the South.226Cain & Associates Engineers.240Cognito.235Davis Direct.297J. Forrester DeBuys, III.241Fidelity Fiduciary Co. LLC.289The Finklea Group, Inc.238Insurance Specialists, Inc.300LawPay.228National Academy ofDistinguished Neutrals.231Schreiber DisputeResolution Inc.275Vargas Vocational Consulting.295Veritext Legal Solutions.299ALABAMA STATE BAR STAFF415 Dexter AvenueMontgomery, AL 36104(334) 269-1515 (800) 354-6154www.alabar.orgADMINISTRATIONTerri Lovell.Executive DirectorMichelle Shaw .Executive AssistantMelissa Warnke.Director of CommunicationsMegan Hughes .Content/Outreach ManagerHunter Harris .Information Systems ManagerMatt Mara .Building and Security SuperintendentMargaret Murphy .Director of PublicationsADMISSIONS & ATTORNEY LICENSINGSonia Douglas.Administrative AssistantAngie Fuqua.Administrative AssistantMorgan Lott.Administrative AssistantCathy Sue McCurry .Administrative AssistantCENTER FOR PROFESSIONALRESPONSIBILITYRoman Shaul .General CounselMelissa Lawson .Paralegal to General CounselJeremy McIntire .Deputy Chief General CounselMark Moody .Assistant General CounselDawynrico McCain.Paralegal/InvestigatorStacey Moseley.Disciplinary ClerkLaurie Blazer .CSF CoordinatorJulie Lee .ReceptionistETHICS DIVISIONTripp Vickers.Ethics CounselAutumn Caudell .Assistant Ethics CounselPROGRAMSRobyn Bernier.Administrative AssistantACCOUNTING/TRAVELMerinda Hall.Director of FinanceKristi Neal .Financial AssistantLAWYER ASSISTANCE PROGRAMJeremy Rakes.Director of Lawyer Assistance Program(334) 269-1515 (334) 834-7576Shannon Knight .Case ManagerJoycelyn Hill.Administrative AssistantLAWYER REFERRAL SERVICEJohn Dunn .LRS RepresentativeRECEPTIONISTTheAlabama LawyerThe Alabama LawyerGRAPHIC DESIGNThe Alabama LawyerPRINTINGBOard Of EdiTOrs: Marc J. Ayers, Birmingham Robert C. Crocker, Cullman Aaron L. Dettling,Birmingham Jesse P. Evans, III, Birmingham LindaG. Flippo, Birmingham Kira Y. Fonteneau, Birmingham Lloyd W. Gathings, II, Birmingham Gregory H.Hawley, Birmingham K. Dee Hutsler, III, Birmingham Sarah S. Johnston, Montgomery Jacob J. Key, Lanett Margaret H. Loveman, Birmingham Allen P.Mendenhall, Montgomery Keith S. Miller, Montgomery Anil A. Mujumdar, Birmingham Sherrie L.Phillips, Montgomery Christopher E. Sanders,Prattville Allison O. Skinner, Birmingham Marc A.Starrett, Montgomery David G. Wirtes, Jr., Mobile Barr D. Younker, Jr., Montgomery230 July 2021Stephanie Oglesby.ReceptionistVOLUNTEER LAWYERS PROGRAMLinda Lund .Director of Volunteer Lawyers ProgramHilaire Armstrong.Pro Bono Clinic CoordinatorDebbie Harper.Intake ClerkOFFICERS AND EXECUTIVE COUNSELRobert G. Methvin, Jr., Birmingham.PresidentTazewell T. Shepard, III, Huntsville .President-ElectChristina D. Crow, Union Springs .Past PresidentC. Gibson Vance, Montgomery.Vice PresidentLeon Hampton, Jr., Montgomery .Ex Officio MemberJeffrey L. Bowling, Russellville.Executive CouncilDiandra S. Debrosse, Birmingham .Executive CouncilR. Clifford Mendheim, Dothan .Executive CouncilBOard Of Bar COmmissiOnErs1st Circuit, Halron W. Turner, Chatom 2nd Circuit, J. LeviNichols, Luverne 3rd Circuit, Elizabeth C. Smithart, UnionSprings 4th Circuit, Jana R. Garner, Selma 5th Circuit, LarryW. Morris, Alex City 6th Circuit, Place No. 1, Terri O. Tompkins, Tuscaloosa Place No. 2, Scott B. Holmes, Tuscaloosa 7th Circuit, William H. Broome, Jr., Anniston 8th Circuit,David W. Langston, Decatur 9th Circuit, Dana J. Grimes, Ft.Payne 10th Circuit, Place No. 1, James M. Terrell, Birmingham Place No. 2, John A. Smyth, Birmingham Place No. 3,Barry A. Ragsdale, Birmingham Place No. 4, S. FreddyRubio, Birmingham Place No. 5, LaBella S. McCallum,Birmingham Place No. 6, Michael D. Ermert, Birmingham Place No. 7, Allison O. Skinner, Birmingham Place No. 8,Brannon J. Buck, Birmingham Place No. 9, Erik S. Heninger,Birmingham Bessemer Cut-off, Kenneth Moore, Bessemer 11th Circuit, Leigh Anne Landis, Florence 12th Circuit, Carmen F. Howell, Enterprise 13th Circuit, Place No. 1, R. EdwinLamberth, Mobile Place No. 2, Frederick G. Helmsing, Jr.,Mobile Place No. 3, William R. Lancaster, Mobile PlaceNo. 4, Bryan E. Comer, Mobile Place No. 5, James Rebarchak, Mobile 14th Circuit, Charles C. Tatum, Jr., Jasper 15thCircuit, Place No. 1, George R. Parker, Montgomery PlaceNo. 2, Pat Sefton, Montgomery Place No. 3, Joel D. Connally, Montgomery Place No. 4, C. Gibson Vance, Montgomery Place No. 5, Felicia A. Long, Montgomery PlaceNo. 6, J. David Martin, Montgomery 16th Circuit, Bradley W.Cornett, Gadsden 17th Circuit, T. Thomas Perry, Jr., Demopolis 18th Circuit, Place No. 1, Clay R. Carr, Chelsea Place No.2, Mark S. Boardman, Chelsea Place No. 3, Anne MalatiaGlass, Birmingham 19th Circuit, Tina S. Moon, Prattville 20th Circuit, R. Cliff Mendheim, Dothan 21st Circuit, J. Kirkman Garrett, Brewton 22nd Circuit, Manish H. Patel, Andalusia 23rd Circuit, Place No. 1, J. Mark Debro, Huntsville Place No. 2, John A. Brinkley, Jr., Huntsville Place No. 3, Rebekah K. McKinney, Huntsville Place No. 4, M. Clay Martin,Huntsville 24th Circuit, Amanda W. Porter, Fayette 25th Circuit, Chrissy L. Riddle, Haleyville 26th Circuit, F. PatrickLoftin, Phenix City 27th Circuit, Clint L. Maze, Arab 28thCircuit, Place No. 1, J. Lynn Perry, Gulf Shores Place No. 2,J. Langford Floyd, Fairhope 29th Circuit, Sarah Clark Bowers,Sylacauga 30th Circuit, John W. Rea, Pell City 31st Circuit,D. Edgar Black, Muscle Shoals 32nd Circuit, Jason P. Knight,Cullman 33rd Circuit, Robert H. Brogden, Ozark 34th Circuit,Jeffrey L. Bowling, Russellville 35th Circuit, W. RobertMcMillan, Monroeville 36th Circuit, Christy W. Graham,Moulton 37th Circuit, Andrew D. Stanley, Opelika 38th Circuit, Deborah L. Dunsmore, Scottsboro 39th Circuit, DonaldB. Mansell, Athens 40th Circuit, Mallory B. Whitley, Rockford 41st Circuit, Brett A. King, Locust ForkaT-LargE BOard mEmBErsDiandra S. Debrosse, Birmingham Raymond L. Bell, Jr.,Mobile Latisha R. Davis, Chattanooga Judge Charles Price, II,Birmingham Karen Laneaux, Montgomery Kira Y. Fonteneau,Birmingham Jeanne Dowdle Rizzardi, Huntsville Richard M.Kemmer, Jr., Centreville John T. Stamps, III, Bessemer HollyL. Sawyer, DothanThe Alabama Lawyer (USPS 743-090) is published six times ayear by the Alabama State Bar, 415 Dexter Avenue, Montgomery,Alabama 36104. Periodicals postage paid at Montgomery, Alabama and additional mailing offices. POSTMASTER: Send address changes to The Alabama Lawyer, P.O. Box 4156,Montgomery, AL 36103-4156.The Alabama Lawyer is the official publication of the AlabamaState Bar. Views and conclusions expressed in articles herein arethose of the authors, not necessarily those of the board of editors,officers or board of commissioners of the Alabama State Bar. Advertising rates will be furnished upon request. Advertising copy iscarefully reviewed and must receive approval from the Office ofGeneral Counsel, but publication herein does not necessarily implyendorsement of any product or service offered. The AlabamaLawyer reserves the right to reject any advertisement. Copyright2021. The Alabama State Bar. All rights reserved.

Alabama LawyerThewww.alabar.org 231

Robert G. Methvin, Jr.rgm@mtattorneys.comP r e s i d e N T ’ sP a g eTheAlabama Lawyera Year of challenges broughtopportunities for success232 July 2021Those who know me well know that ioften speak of life lessons taught by myparents, who unfortunately are nolonger with us. my dad, affectionatelyknown in eufaula as “big bob,” loved various sayings and quotes, which we compiled in a short book. my friends callthem “big bobisms.” one of his favoritesand mine is “your attitude, not your aptitude, determines your altitude.” my momalso taught my siblings and me that wecould accomplish anything if we workedhard and never quit. armed with my parents’ guiding wisdom and the help ofour amazing bar leadership, we wereable to successfully navigate and overcome the challenges presented this year.i started my presidency with threemain initiatives: unity, diversity, and inclusion; helping the legal professionadapt to a new norm; and lawyer publicrelations with an emphasis on pro bonoservice. i express my appreciation to allof the people who helped lead these initiatives; without them, we would nothave accomplished so much.Three dedicated task forces, the Presidential council on Unity and diversity ledby cassandra adams, hilaire armstrong,and ricardo Woods; the coVid-19 TaskForce led by Tom Perry, Jeanne rizzardi,and clay martin; and the coVid-19bench and bar Task Force led by christycrow, melody eagan, and circuit Judge

to leave her retirement to take on therole of interim executive director. afterbeing without an executive director forapproximately four months, ellen immediately got our ship moving in theright direction. her management styleand people skills are second to none. ihave learned a lot from my friend,ellen, and i am immensely grateful forall of her hard work.on april 23, the board of bar commissioners, at the recommendation ofthe executive director search TaskForce, unanimously chose Judge Terribozeman Lovell to lead the alabamastate bar. Judge Lovell is the first female executive director of our organization. Prior to her hiring, she servedas the presiding circuit judge in thesecond judicial circuit, which consistsAlabama Lawyerprogram allowing attorneys to obtainall of their required hours for free. because of its popularity (over 3,000lawyers completed more than 20,000hours with the program last year), thisvaluable member benefit is also available this year. other cost-saving measures that we implemented this yearincluded lowering the annual dues to 300, reevaluating how to efficientlyand cost-effectively operate the statebar, and increasing the number ofmember benefits.Just when i began getting comfortable with our progress on these initiatives, another unexpected thinghappened: we began searching for anew executive director. during thisprocess, former montgomery countydistrict attorney ellen brooks agreedTheJim hughey, guided us through theseturbulent times.as discussed in my last article, thebar honored one of the greatest civilrights leaders of our history, Fred gray,and will soon break ground on theFred gray courtyard adjacent to thestate bar building. We sponsored thefree “Unity matters” cLe series whichaddressed diversity and unity issues.i am also very proud of the coVid-19bench & bar Task Force’s work inpreparing a Zoom virtual hearinghandbook and creating a plan to safelyre-start jury trials.1 The outstandingstaff at the alabama state bar continues to update a very useful coVid-19resource page on the bar’s website.2as part of our adaption to workingremotely, we started a virtual cLewww.alabar.org 233

P r e s i d e N T ’ sP a g e(Continued from page 233)TheAlabama Lawyerof butler, crenshaw, and Lowndescounties. i am ecstatic to welcomeJudge Lovell and look forward to hergreat leadership in the years to come.i am grateful to our Lawyer Public relations Task Force led by sara Williams,george Parker, and mike ermert forspreading the positive message aboutlawyers to the public. due to the hardwork of this task force, we have beenable to give presentations to numerouscivic organizations throughout thestate about the importance of thecourt system and the legal professionin alabama. our goal is to present thismessage in every alabama county bythe time this article reaches you. We234 July 2021have received overwhelmingly positivefeedback for this presentation, whichshowcases the billions of dollars thatalabama lawyers and the court systemcontribute to our state’s economy eachyear, highlights the leadership oflawyers in charitable and civic causes,and educates the public about the tensof millions of dollars in pro bono lawyertime that is donated each year.This is starting to feel like one ofthose award speeches where they giveyou less than a minute to thank thehundreds of people who helped makethe award possible. Please know that iam grateful to every single bar memberwho assisted us this year. i salute all ofyou who continue to make our motto,“Lawyers render service,” a realitythrough volunteer contributions toyour community and profession. as areminder, Lawyers render service isalso the name of our newly-formed501(c)(3) charity designed to provide financial help to attorneys experiencingserious life-changing events.3i specifically recognize my executivecouncil for all of their hard work, advice,and willingness to support the goodideas and cast aside the not-so-good:gibson Vance, christy crowe, diandradebrosse, Taze shepard, cliff mendheim, Jeff bowling, roman shaul, ellenbrooks, Leon hampton, and evan allen.

Endnotes1. This handbook provides information on how to useZoom, including introducing exhibits and evidence attrial, and can be downloaded from tual-hearinghandbook-for-alabama-lawyers/.2. Alabama State Bar COVID-19 Updates, AlABAmA STATe aviruscovid-19-safety-measures/.3. You can find out more information about this charityat bama Lawyerhas truly been the highlight of my legalcareer. although we faced many challenges and much uncertainty, we wereable to effectuate lasting, positivechange because of the incredible teameffort, great attitude, and hard work ofour bar staff, executive council, bar commissioners, and you, our members. sThechristy, gibson, and roman–i appreciate all of your advice and guidancethis past year. You were selfless withyour time and were largely responsiblefor helping keep this ship afloat duringour time of transition, especially whenwe were without an executive director.i am excited to pass the torch to Tazewho will soon be installed as the 146thpresident of our state bar. Taze and ihave worked very well together thispast year, and i am excited to see theimplementation of his great ideas. i alsocongratulate gibson, our presidentelect-designate, who will serve afterTaze.i cannot close without thanking mywife, Lee, and my wonderful daughters,hope, Kate, and Laine, for their dailysupport and willingness to adapt to myschedule this past year. i am also grateful for the encouragement and supportthat i received from my law firm. and iwould be remiss not to thank both ourincredible bar staff for providing greatservice to all of our members andmichelle shaw for her professional assistance to me. a special thanks to gregWard and those at The Alabama Lawyerfor their patience (i am zero for six ingetting my articles to them by thedeadline). i am grateful for the talents ofcourtney gipson and Jimbo Terrell whohelped edit each article i have written.Finally, to the bar commissioners,thank you for your hard work and support throughout this year. This was ayear of transition with many long virtual meetings, and yet we were stillable to accomplish our objectives. social distancing frequently required usto confront tough issues and reach difficult decisions without the normalcomradery of lunch and social eventsthat we have enjoyed in the past. as aresult of your professionalism, we wereable to obtain consensus on almostevery major issue presented, even following spirited discussion and debate.Thanks again to each of you for yourleadership and your patience this year.i am humbled and honored to haveserved as the 145th president of the alabama state bar. serving as your presidentwww.alabar.org 235

e x e c U T i V eTerri Lovellterri.lovell@alabar.orgd i r e c T o r ’ sr e P o r Topen doorsWhen one door closes,another opens; but weoften look so long andTheAlabama Lawyerso regretfully upon theclosed door that we donot see the one whichhas opened for us.–alexander graham bell236 July 2021i always knew that at the end of myjudicial career another door would open.but never in my search for purpose anddirection did i dream that my new opendoor would be an opportunity to servelawyers and to help direct the future ofour legal profession. To say that i amhumbled to be entrusted to serve as yournext executive director would be anunderstatement. many lawyers andfriends have asked me if i am sad to beleaving the bench. after serving the stateof alabama and the second Judicialcircuit for the past 24 years, i haverealized that being a judge has beenmore than a privilege, it has been aclassroom to learn how to problem-solve,collaborate, learn, and grow. Listeningand learning from lawyers and judges formy entire life, i sincerely have a desire togive back to those men and women whohave influenced me.i am, as we all are, where i am todaybecause of the influencers in my life. asthe doors of opportunity and the actualdoors reopen after a year of virtualmeetings and closed offices andcourtrooms, i want you to rememberthat not only do you add value to ourlegal community, but you are also aninfluencer in your family, in yourcommunity, and over everyone you meetand serve. sometimes it takes fresh eyesto remind you of your importance.as you can imagine, engaging withlawyers across the state has been thehighlight of my first days in office. Youhave turned the challenges of the pastyear into something positive, and thatinspires me to create and envision waysthat the alabama state bar can comealongside you and serve you better. Thereis no doubt that our members are theheartbeat of the alabama state bar, andmy priority is to ensure that all lawyers inalabama are engaged, equipped, andempowered for this great work.it is an honor to be a lawyer.opportunities are just behind the opendoor. Please join with me as we enterthe open doors to serve our professionwith excellence.s

i m P o r T a N TN o T i c e s Harold albritton Pro BonoLeadership award notice of and Opportunity forComment on amendments toThe rules of the United statesCourt of appeals for theEleventh CircuitTheThe harold albritton Pro bono Leadership award seeks to identify and honor individual lawyers who through their leadership and commitment have enhanced thehuman dignity of others by improving pro bono legal services to our state’s poor anddisadvantaged. The award will be presented in october, which is officially designatedPro bono month.To nominate an individual for this award, submit no more than two single-spacedpages that provide specific, concrete examples of the nominee’s performance of asmany of the following criteria as apply:1. demonstrated dedication to the development and delivery of legal services to persons of limited means or low-income communities through a pro bono program;2. contributed significant work toward developing innovative approaches to delivery of volunteer legal services;3. Participated in an activity that resulted in satisfying previously unmet needs orin extending services to underserved segments of the population; or4. successfully achieved legislation or rule changes that contributed substantiallyto legal services to persons of limited means or low-income communities.Alabama Lawyerharold albritton Pro bonoLeadership awardwww.alabar.org 237

i m P o r T a N TN o T i c e s(Continued from page 237)To the extent appropriate, include in the award criterianarrative a description of any bar activities applicable to theabove criteria.To be considered for the award, nominations must besubmitted by august 1. For more information about thenomination process, contact Linda Lund at (334) 269-1515or linda.lund@alabar.org.TheAlabama LawyerNotice of andopportunity forcomment onamendments to therules of the Unitedstates court ofappeals for theeleventh circuitPursuant to 28 U.s.c. § 2071(b), notice and opportunity forcomment is hereby given of proposed amendments to therules of the United states court of appeals for the eleventhcircuit. The public comment period is from august 4 toseptember 3, 2021.a copy of the proposed amendments may be obtainedon and after august 4, 2021 from the court’s website sions. acopy may also be obtained without charge from the officeof the clerk, U.s. court of appeals for the eleventh circuit,56 Forsyth st., N.W., atlanta 30303. Phone (404) 335-6100.comments on the proposed amendments may besubmitted in writing to the clerk at the above address orat ons,by 5:00 p.m. eT on september 3, 2021.s238 July 2021Design and Marketing ServicesLogosTrade Show ExhibitsWebsitesPublication DesignBrochuresMedia KitsProduct CatalogsBillboardsPrint AdsP.O.P. DisplaysProduct PackagingProfessional PortfoliosSales Support Material300 North Dean Road, Suite 5-193 Auburn, AL 36830334.799.7843 gavin@taplink.com

End of an Erawhen Bilee Cauley retired as the reporter of decisions on December31, 2020. Tasked with ensuring thatthe opinions of our appellate courtsare accurately reported, the reporteralso serves in a less publicized roleas the courts’ legal editor, advisingthe justices, judges, and their staffson the proper use of grammar andpunctuation, editing court rules andamendments thereto, and last, butprobably most importantly, offeringinput and advice on drafts of opinions. Needless to say, it is a job thatrequires the complete trust of themembers of the courts, which BileeTheThe Alabama appellate courts recentlyexperienced the end of an eraearned–along with their respect andfriendship.Bilee was appointed as thecourts’ first assistant reporter of decisions in 1989, and she assumedthe mantle of reporter of decisions,one of only four over the course ofthe last century in 2001. She wasthe first woman to hold the position. During her nearly 20-yeartenure as reporter, Bilee oversawthe publication of 164 volumes ofthe Alabama Reporter.No doubt, we could fill up an entire volume of The Alabama Lawyerwith fond remembrances of Bileeand her service, but I hope a fewwords from several friends and former colleagues will suffice to showwhat she has meant to the courts andhow much she will be missed.Alabama LawyerBy Justice Michael F. Bolinwww.alabar.org 239

As former Associate JusticeChamp Lyons observes, “[t]hetask of serving as the SupremeProofreader for Supreme CourtJustices, a class of people notknown for their reticence or lackof self-confidence, is not an easyone. It takes a very gentle touchwhile wielding a skilled, sharppen. Bilee is blessed with both talents. I can remember her soft andcheerful presence and the cautiousquestion, ‘Is that really what youmean to say?’ More often than notthe answer was, ‘Not really.’ Astronger opinion would result. Icould go on, but I am becoming abit apprehensive over the prospectof her smiling to herself as shemuses over my choice of words enroute to pursuit of perhaps a betterway to express these thoughts.”Describing one of his first interactions with Bilee after reviewingCONSTRUCTION& ENGINEERINGEXPERTSForensic engineering andinvestigative inspections:Commercial Industrial ResidentialOur specialists have Testifying Expertise Construction delay damages Construction defects Acceleration of schedule Structural issues Foundations, settlement Stucco & EIFS Electrical issues Mechanical Systems Roofing problemsTheAlabama Lawyer Flooding & Retention Ponds Engineering Standard of Care issues Radio & Television TowersCain and AssociatesEngineers & Constructors, Inc.Contact: Hal K. Cain, Principal EngineerHalkcain@aol.com251.473.7781 251.689.8975www.hkcain.com240 July 2021her editorial comments, former Associate Justice Bernard Harwoodfondly recalls, “I argued for a relaxation of the formal rules ofgrammar and syntax . I can’t recall these years later the actual details of the calmly reasoned tutorialBilee gave me on why the revisionsshe’d made should be adopted, butshe won me over completely withher great command of proper English composition and establishedrules of grammar and punctuation,all so diplomatically explained. Icame over the years to appreciatethat every change she suggestedserved to make the meaning clearerand more grammatically coherent.She never proposed anything toalter the sense or effect of an opinion, but she sure knew how to revise in a way that got the wordingjust right. She was a marvelous resource for the Court for clear andcorrect expression.”Former Associate Justice TomWoodall recalls Bilee’s skills andpersonality similarly: “The reporter must polish and refine anopinion of the Court without affecting the substance of the opinion or unduly irritating its author.Bilee was always able to accomplish this daunting task with kindness and good humor. Althoughshe had to be a critical reader,Bilee never criticized an opinion.Instead, through just the right mixture of corrections, comments,suggestions, questions, and discussions, she improved every opinionshe reviewed. By doing so, Bileeobviously enhanced the quality ofthe Court’s work product and, inthe process, made us all betterwriters. Bilee, thank you for beingour editor and, at the same time,becoming a friend.”Perhaps, though, Jean Brown,commissioner of the Alabama Department of Senior Services and aformer associate justice, sums upBilee’s unique contributions mostsuccinctly: “I was acutely awarethat, in some ways, our decisionswere like paintings–once we released them and the opinion became final, there was no goingback to improve a brush strokehere or there. Bilee made us alllook like accomplished artists.”I would be remiss if I did notadd that I concur completely andwholeheartedly with the abovecomments and opinions of JusticesLyons, Harwood, Woodall, andBrown with regard to Bilee. Herabilities, intellect, and integritypale only in comparison to herkind and gentle nature.I first met Bilee in January 2005as a new justice on the court. Ibegan my tenure by assuming thatI knew everything and would becompletely self-sufficient as anauthor of opinions. Although I wassurrounded by quality lawyers, Idecided that I would research andwrite my first opinion on my own.So I began and finished my workafter a couple of weeks. After circulating it and obtaining the votesof a majority of the court, I submitted it to my judicial assistant toprepare it for release. A few dayslater, she gave it back to me with,as she put it, some “suggestedBilee changes” for my review. Ilooked at my opinion, and I don’tthink that there was a single paragraph without pencilled-in, squiggly, and unintelligible punctuationmarks and suggestion

T h e A l a b a m a L a w y e r 230 July 2021 The Alabama Lawyer GRAPHIC DESIGN The Alabama Lawyer PRINTING BOard Of Bar COmmissiOnErs 1st Circuit, Halron W. Turner, Chatom 2ndCircuit, J. Levi Nichols, Luverne 3rdCircuit, Elizabeth C. Smithart, Union Springs 4thCircuit, Jana R. Garner, Selma 5thCircuit, Larry W. Morris, Alex City 6thCircuit, Place No.

Related Documents:

The Lawyer Referral Service does not have free attorneys. How Does the Lawyer Referral Service Work? When you call the Lawyer Referral Service's toll free number (1-800-392-5660) you will be asked to briefly state your problem. All information will be held in the strictest confidence. After listening to your problem, the Lawyer Referral .

3) You can also hire a lawyer for ongoing representation. Rocket Lawyer On Call attorneys generally offer Rocket Lawyer members 40% off their normal rate. Alternatively, you can speak to your Rocket Lawyer customer representative or call us at (877) 881-0947. We'll contact you within one business day and connect you to a local lawyer.

3) You can also hire a lawyer for ongoing representation. Rocket Lawyer On Call attorneys generally offer Rocket Lawyer members 40% off their normal rate. Alternatively, you can speak to your Rocket Lawyer customer representative or call us at (877) 881-0947. We'll contact you within one business day and connect you to a local lawyer.

Lawyer,P .OB ox 4156MntgmeryAL 30-The Alabama Lawyer is the official publication of the Alabama State Bar. Views and conclusions expressed in articles herein are those of the authors, not necessarily those of the board of editors, officers or board of commissioners of the Alabama State Bar. Ad-vert ising rates will be furnished upon request.

David Rountree, Alabama Public Service Commission david.rountree@psc.alabama.gov (334) 242-5194 Mac Sadler, Alabama Department of Revenue mac.sadler@revenue.alabama.gov (334) 242-1498 DeLois Thigpen, Alabama Executive Budget Office delois.thigpen@budget.alabama.gov (334) 242-7245 Tammy Wallace, Alabama State Board

ALABAMA-GENERAL Frontier Claims in the Lower South comp by Richard S. Lackey, 1977 (HPL) ALABAMA-GENERAL History of Alabama and Dictionary of Alabama Biography. Vol. 1. By Thomas M. Owen. Reprint Co. Pub. 1978 (H.P.L.) ALABAMA-GENERAL History of Alabama and Dictionary of Alabama Biography. Vol. II. By Thomas M. Owen. Reprint Co. Pub. 1978 (H.P.L.)

Here, Dare sees the lawyer as the instrument of the institution of law. Postema disagrees: 'The lawyer must recognise that the institution acts only through the voluntary activities of the lawyer and client. The lawyer is not the instrument of the institution, rather the institution is the instrument of the client and the client engages the .

Introduction Description logics (DLs) are a prominent family of logic-based formalisms for the representation of and reasoning about conceptual knowledge (Baader et al. 2003). In DLs, concepts are used to describe classes of individuals sharing common properties. For example, the following concept de-scribes the class of all parents with only happy children: Personu has-child.Personu has .