Atlanta Injury Lawyer Blog

You probably recall Robert Fulghum’s popular book, All I Really Need to Know I Learned in Kindergarten, which was first published in 1988. Its premise was that the world would be a better place if we simply adhered to the basic rules of kindergarten, such as sharing, being kind to one another, cleaning up after ourselves, etc.

If I had the opportunity to suggest a sequel specifically for lawyers, its title might be All I Really Need to Know about Professionalism I Learned on the Golf Course. As golf stands out from other sports as a “gentleman’s game,” the ideals of professionalism in the practice of law are aimed at ensuring our field remains a “high calling” and not “just a business like any other,” enlisted in the service not only of the clients, but of the public good as well.

The game of golf is governed jointly by the Royal and Ancient Golf Club (R&A) of St. Andrews, Scotland, and the United States Golf Association (USGA). But, as stated in the USGA’s “The Spirit of the Game” document, “Unlike many sports, golf is played, for the most part, without the supervision of a referee or umpire. The game relies on the integrity of the individual to show consideration for other players and to abide by the Rules. All players should conduct themselves in a disciplined manner, demonstrating courtesy and sportsmanship at all times, irrespective of how competitive they may be. This is the spirit of the game of golf.”

Likewise, the American justice system is governed by our courts, from the U.S. Supreme Court on down. But much of what lawyers do on a daily basis is not in the courtroom or under the direct supervision of a judge. As officers of the court, we each have a duty to self-regulate our daily practices to—as declared in the Mission Statement of the Chief Justice’s Commission on Professionalism—”exercise the highest levels of professional integrity in their relationships with [our] clients, other lawyers, the courts, and the public and to fulfill [our] obligations to improve the law and the legal system and to ensure access to that system.”

If you apply each component of “A Lawyer’s Creed,” developed by the Chief Justice’s Commission on Professionalism (the Commission), to the ideals of integrity in golf—and vice versa—the similarities between the game and the practice of law are even more striking.

To my clients, I offer faithfulness, competence, diligence, and good judgment. I will strive to represent you as I would want to be represented and to be worthy of your trust. Do you remember how hard law school was? Learning how to play golf can be equally difficult. Once you’ve learned the basics, improving your game and maintaining a standard high enough to enjoy playing can be even more challenging. Many times, you’ll feel like quitting. As in practicing law, golf takes a lifetime of hard work, concentration, training and patience to stay at the top of your game. In golf and in our law practices, we are always seeking to improve.

Everyone knows Tiger Woods, but do you know who Sean Foley is? Only avid golf fans are aware that Sean Foley happens to be the guy who (at present) teaches Tiger how to play golf. Yes, Tiger Woods, the world’s current No. 1 player, takes golf lessons. So does Rory McIlroy and Phil Mickelson. So did Jack Nicklaus and most every great golfer you’ve ever heard of.

Admittedly, the sessions Tiger has with his teacher might not look like the lessons a beginning golfer would take from the local club pro. In the ever-elusive pursuit of the perfect golf swing, Tiger and other professional golfers are in a constant state of fine-tuning the near-perfect.

In the golf grill at Torrey Pines, engraved in the slate above the fireplace, Geoffrey Chaucer is paraphrased: “The lyfe so short, the game so longe to lerne.” The point is that, no matter one’s experience and expertise, we never stop learning, whether in golf or in legal professionalism, we never stop learning. That is why we are required to take professionalism CLE credits on an annual basis. The Commission approves and oversees more than 500 professionalism CLE sessions per year and produces the curricula and materials for those sessions. The Commission expanded its focus to include judicial professionalism by assisting the Institute of Continuing Judicial Education in developing programs on professionalism for Georgia judges.

To the opposing parties and their counsel, I offer fairness, integrity and civility. I will seek reconciliation and, if we fail, I will strive to make our dispute a dignified one. Temper tantrums and other demonstrations of “unsportsmanlike conduct” have no place in the legal profession, or on the golf course.

The great Arnold Palmer tells this story: “In the final of the Western Pennsylvania Junior when I was 17, I let my putter fly over the gallery after missing a short putt. I won the match, but when I got in the car with my parents for the ride home, there were no congratulations, just dead silence. Eventually my father said, ‘If I ever see you throw a club again, you will never play in another golf tournament.’ That wake-up call stayed with me. I haven’t thrown a club since.”

“Throwing clubs, sulking and barking profanity make everyone uneasy. We all have our moments of frustration, but the trick is to vent in an inoffensive way. For example, I often follow a bad hole by hitting the next tee shot a little harder—for better or worse.”

At the end of a round of golf, the members of the foursome shake hands with one another, even if someone if your foursome soundly beat you in the round. It honors the game and your opponent. Likewise, following a trial, adversaries shake hands, regardless of the outcome. I have never had a problem shaking the hand of my able adversary when he or she has conducted himself or herself with integrity and professionalism throughout the litigation. It honors our justice system and your opponent. As Shakespeare wrote in “The Taming of the Shrew,” “do as adversaries do in law, strive mightily but eat and drink as friends.”

To the courts, and other tribunals, and to those who assist them, I offer respect, candor, and courtesy. I will strive to do honor to the search for justice. In other words, play by the rules at all times. The R&A states, “. . . we are reliant upon our own honest adherence to the Rules in order to enjoy the game. As a result we are all occasionally forced to call a penalty on ourselves for infringements which, often, will go unnoticed by everyone else.”

The top golfer of the first half of the 20th century was none other than Atlanta’s Bobby Jones. He won 13 major championships and, if not for his own integrity, would have won another. In the first round of the 1925 U.S. Open, Jones was about to hit a shot out of the rough on the 11th hole at Worcester Country Club near Boston. As he took his stance, the head of his club brushed against the grass and caused a slight movement of the ball. No one saw this except Jones.

After taking the shot, Jones informed his playing partner, Walter Hagen, and the USGA official accompanying their match that he was calling a penalty shot on himself. Hagen and the official tried to talk him out of it, but he insisted he had violated the rules and took the penalty stroke. In what other sport would a situation like this take place?

Had Jones carded a 76 in that first round instead of a 77, he would have ultimately won the championship by one stroke. The penalty forced him into a playoff, which he lost. Jones was praised by sports writers for his honesty, to which he was reported to have replied, “You may as well praise a man for not robbing a bank.”

To my colleagues in the practice of law, I offer concern for your welfare. I will strive to make our association a professional friendship. In golf, proper etiquette is just as important as competency, and often more so. For example, you remain still and silent when your fellow competitors are taking their shot. And when on the green, you don’t walk in their putting line between the ball and the hole. You congratulate others’ good shots and refrain from laughing at their bad ones.

The R&A says, “All players should conduct themselves in a disciplined manner, demonstrating courtesy and sportsmanship at all times, irrespective of how competitive they may be. Etiquette is an integral and inextricable part of the game, which has come to define golf’s values worldwide.”

As in the practice of law, time is a valuable commodity in golf. Show up promptly for your tee time. Maintain an appropriate pace of play, and let faster players play through. In short, show consideration to others at all times—whether on the course, in your office or in the courtroom. When in doubt, refer to the Golden Rule.

To the profession, I offer assistance. I will strive to keep our business a profession and our profession a calling in the spirit of public service. In golf, this is called taking care of the course. In the fairway, replace your divots. On the green, repair your ball mark and one more that someone else failed to fix. After hitting from the sand, rake the bunker completely. You do these things not to help yourself but to leave the course in the same or better condition for the golfers behind you.

Attorneys are called into the profession of law to serve others. At the recent launch of the second annual Georgia Legal Food Frenzy to fight hunger, I used Supreme Court of Georgia Justice Robert Benham’s recollection that when he was a little child, each morning at the breakfast table, his father would first ask, “What are you going to do today?” His next question was always, “What are you going to do for someone else today?”

To the public and our systems of justice, I offer service. I will strive to improve the law and our legal system, to make the law and our legal system available to all, and to seek the common good through the representation of my clients. The raging issue in golf these days is over the R&A and USGA’s decision to ban the use of the long putters that some players anchor against their bodies to steady their putting stroke, much to the chagrin of many successful players on the professional tour who use those long putters. But regardless of how that matter is resolved, protecting and improving the game is the ultimate responsibility of those who play the game. The same is true for the legal system. We are, after all, in this together.

When making the case for the unified State Bar in 1963, Georgia Bar Association President H. Holcombe Perry said, “It has been pointed out that in relation with the public the Bar has always been and always will be a unit. The actions and sayings of one lawyer reflect credit or discredit on the rest of his professional brethren in the eyes of the public. The interests of all lawyers are inextricably woven together. Through such an organization, with all lawyers participating, we will come to have a better appreciation of the fact that we are all members of a great and honorable profession of which we should be proud, a more adequate understanding of our mutual problems, a keener knowledge of our faults and our virtues, with a mutual determination to eliminate the former and preserve and enhance the latter; and finally we will have the opportunity of establishing among ourselves a sense of brotherhood, mutual respect and trust and through all of this to strive diligently to improve the administration of justice in our state.”

There is, of course, one huge difference between golf and legal professionalism. Golf is just a game. For most of us, a good day or a bad day on the course won’t be life-altering. That is not the case in our law practices. We are responsible for protecting the rights of our clients. Many times, the outcome of our work can have life-changing consequences. No one is perfect, and winners and losers in the legal system are often determined by circumstances we cannot control. But lawyers must always bring our “A” games, and when it comes to professionalism, we would do well to incorporate golf’s lessons of honesty, integrity and courtesy into our service to the public and the justice system.

A closing thought: Many of us whose favorite avocation is playing golf have no doubt fantasized about trading in our day jobs for a career of fame and fortune on the professional tour. But consider that the aforementioned Bobby Jones, the most accomplished golfer of his era who later co-founded the Augusta National Golf Club and the Masters Tournament, never turned professional.

In fact, Jones retired from competitive golf all together at the age of 28 in favor of his chosen profession: Georgia lawyer.

Robin Frazer Clark is the president of the State Bar of Georgia and can be reached at robinclark@gatriallawyers.net.

Here is my last weekly update of the 2013 Georgia General Assembly Session for the State Bar of Georgia, which was extremely successful for the State Bar with the passage of the Juvenile Justice Reform bill and the passage of an amendment making legal malpractice claims nonassignable to third parties. I am very proud of the Bar's Legislative efforts this year, our superb lobbying team, and our new grassroots program. Thank you, also, to all the legislators who gave of their time to represent the citizens of Georgia so selflessly. We appreciate your sacrifice.

Thursday, March 28, marked the last day of the 2013 legislative session, one of the most successful on record for the State Bar of Georgia. This session saw the passage of several major initiatives of the State Bar, highlighted by a comprehensive rewrite of the Juvenile Code.

The passage of Juvenile Justice Code was a major success for the State Bar and most importantly for Georgia’s justice system and for the citizens of our great state. This new approach, focusing away from the old system of youth detention, puts an increased focus on community based programs and counseling with the ultimate goal of returning these troubled youths to our neighborhoods as productive members of society. A major initiate of Gov. Nathan Deal’s Special Council on Criminal Justice Reform, passage of the Juvenile Code was truly a bipartisan effort from the outset and stands to help improve our state for years to come.

Another key initiative of the Bar was the passage of an amendment to OCGA 44-12-24 to prohibit the assignment of legal malpractice claims. The genesis of this issue dealt with the case of Villanueva v. First American Title in which the Supreme Court of Georgia found that malpractice claims are assignable. Despite the two Amicus briefs filed by the Bar arguing the exact opposite, the Court upheld its decision with just a few weeks left in session. With diligent work by our lobbying team and with the help of several key legislators, we were able to find a bill, HB 359, that we could attach an amendment to which would prohibit the assignment of legal malpractice claims. Ultimately, HB 359 received final passage in both chambers, and once signed by the governor, will be the law of the land.

In other Bar news, several key pieces of the State Bar’s 2013 legislative agenda received final passage, while others are being studied by committee and will be taken up in the 2014 legislative session. Below is a brief rundown of our 2013 legislative agenda:
•Funding request for victims of domestic violence and the Appellate Resource Center were included in the final version of the amended FY 2013 budget that passed the House and Senate.
•HB 242, the juvenile code, passed the House and Senate and is awaiting the governor’s signature.
•SB 185, the uniform commercial code article 9, passed both chambers and is awaiting the governor’s signature.
•HB 160, prohibition of transfer fee covenants, passed both chambers and is awaiting the governor’s signature.
•SB 204, the amendment of interlocutory appeal procedure in child custody cases, passed both chambers and is awaiting the governor’s signature.
•HB 161, updating the language used in the oath of bailiffs, passed both chambers and is awaiting the governor’s signature.
•SB 159, modification of the rules against perpetuities, is in the Senate Civil Judiciary Committee and will be considered in the 2014 session.
•HB 654, dealing with testamentary guardianships, is in the House Civil Judiciary Committee and will be considered in the 2014 session.
•HB 685, updating the Uniform Deployed Parents Custody and Visitation Act, is in the House Civil Judiciary Committee and will be considered in the 2014 session.

In other news under the Gold Dome, ethics reform received final passage from both chambers and in so doing revamped the ethical standards under which elected officials and lobbyists must operate. Perhaps the most high profile legislation of the 2013 session, the ethics reform legislation limits lobbyists’ gifts to individual lawmakers at $75 per expenditure. Another key provision was whether or not to make citizens register as a lobbyist should they visit the Capitol to advocate for a particular issue. In the end, lawmakers chose to require registration for paid lobbyists and activists who are reimbursed for more than $250 of expenses a year. Should Gov. Deal ultimately sign the legislation, the new measures will apply to state as well as local lawmakers. In addition, the bill will restore rule-making authority to the state's ethics commissions, an authority it lost several years ago.

In addition, SB 136 received final passage, which lowers the legal blood alcohol level from .10 to .08 while operating a boat. This major piece of Gov. Deal’s 2013 legislative agenda awaits his signature. The legislation was proposed after three high profile deaths of children last summer on Lake Lanier due to boaters driving under the influence.

In budget news, the FY 2014 budget passed on the final day of session in bipartisan fashion. The $19.8 billion spending bill, the only item the general assembly is constitutionally mandated to pass, made cuts to most state agencies for the 2014 fiscal year while increasing funding to Georgia’s Pre-K program and healthcare system.

Much of this year’s legislative success was due to the yeoman’s work put in by our State Bar of Georgia lobbying team. In addition, special thanks must be paid to our State Bar members who joined our grassroots network, spent time at the Capitol attending a Lobby Day and contacted their legislators to let their voices be heard.

A Rising Tide Lifts All Boats,
Robin Frazer Clark
President, State Bar of Georgia
robinclark@gatriallawyers.net

As President of the State Bar of Georgia, I recently had the distinct honor and high privilege of being the keynote speaker for the DeKalb Bar Association's Annual Bench & Bar Dinner at the Emory Conference Center. This year the DeKalb Bar honored Judge Clarence Seeliger, a trailblazer in Civil Rights in DeKalb County, Georgia, with its Pioneer Award. The honor was well deserved. Below are my remarks from the wonderful event.

Remarks at DeKalb County Bar Association Bench & Bar Dinner
March 7, 2013
Robin Frazer Clark ~President, State Bar of Georgia

Thank you, Denise, for that kind introduction and the very nice invitation of the DeKalb County Bar Association, of which I am a card-carrying member, to be with you here tonight. I have tried two cases in DeKalb County already this year and I want everyone to know there is no more friendly and courteous courthouse than Dekalb County and it is always a pleasure to be in court here. Also, DeKalb County enjoys the most diverse bench in the State of Georgia, with seven judges who speak five different languages, one of only two Asian judges in the state, and the only Hispanic. That kind of diversity is certainly something to be proud of. I see many judges here tonight, many long-time friends of mine. You are true public servants and on behalf of the State Bar of GA we greatly appreciate your service to the State of Georgia, to the citizens of GA and to our profession. We know that you take a much reduced pay to serve the State of GA compared to what you would make if you were practicing law in the private sector and we all owe you a debt of gratitude for their public service.
I understand that I am a stand-in for former Justice Leah Sears, who had another engagement that popped up and she couldn’t attend tonight. Justice Sears is a true trailblazer, whom I am going to talk about tonight, and has an incredible personal story. I know I have some big shoes to fill in her absence, which reminds me of a story of a woman who appeared on Oprah years ago. This woman had bought a pair of Oprah’s old shoes at some auction, even though they were the wrong size and way too big. But she bought the shoes because she admired Oprah so much and Oprah was her role model. This woman said that when things would look down for her, when she got really depressed because she didn’t have a job, when she’s wasn’t certain how to take the next step forward, she would go in her closet and stands in Oprah’s shoes, for inspiration. That was in 1997 and now she doesn’t stand in Oprah’s shoes as often because she’s standing on her own. That’s what I feel like I am doing tonight; standing in Justice Sears’ shoes and standing in the shoes of so many other women trailblazers who led cleared the path for me and for you.
Members of the Georgia Bar here tonight need to thank all those trailblazers who cleared the path for us so that we can practice law or work in our businesses with Freedom and enjoy the independence of being a professional. Our Trailblazers cleared the path for us to allow us to have it all, to experience equality in the profession and not to have to apologize for being ourselves. Tonight I want to share some thoughts with you about the extremely important issue of diversity. Let me share with you some amazing trailblazer stories, who have led the charge for racial and gender equality and diversity.

Justice Ruth Bader Ginsburg- She was 1st in her class at Columbia Law School in 1959 but Justice Felix Frankfurter refused to hire her as a clerk, as was the Supreme Court’s tradition, b/c she was a woman. She was a pioneer for gender equality at a time when most people had never even heard of that term. Ginsburg recalls, "My mother told me two things constantly. One was to be a lady, and the other was to be independent.” So she started working for the ACLU, the only place where she could get a job in the early 60’s practicing law and started taking cases in which she could advocate for gender equality.

Sandra Day O’Connor- Justice O'Connor only took two years, instead of the customary three, to complete law school. Along the way, she served on the Stanford Law Review and received membership in the Order of the Coif, a legal honor society. O'Connor graduated third out of a class of 102.
O'Connor faced a difficult job market after leaving Stanford. No law firm in California wanted to hire her and only one offered her a position, and that was as a legal secretary.
And we have our own trailblazers to thank right here in the GA Legal Community.
Judge Adelle Grubbs-Cobb County Superior Court-When she was still a practicing attorney, on Wednesday before Thanksgiving many years ago, she was arguing a divorce case before a Superior Court Judge. It got to be fairly late, near 6:00 p.m. and Judge Grubbs asked that Court adjourn for the day. The trial judge wasn’t going for it, until Judge Grubbs said: “Your honor, you get to go home and relax and wake up tomorrow and enjoy Thanksgiving dinner tomorrow with your family. I get to go home tonight and clean house and polish silverware and get up early tomorrow and cook a turkey and an entire Thanksgiving Dinner after having been in Court all day today.” After that, this particular judge simply quit holding court on the day before a Holiday to be respectful to women lawyers.
Chief Justice Carol Hunstein-1st woman Chief Justice of the GA. Supreme Court. Born into humble circumstances, Carol contracted polio when she was two, survived her first bout of bone cancer at age four, and lost her mother at age 11. Her adolescent years were marked by frequent hospitalizations for cancer. Carol’s father actually discouraged his six children from pursuing an education beyond high school. She married at 17, became a mother at 19, and was abandoned by her husband by age 22. That same year, Carol lost a leg to cancer and was told by doctors she had only a year to live.
Struggling to find work to support herself and her son, Carol soon realized the value of an education. She went to college on a state vocational rehabilitation scholarship and to law school on the Social Security benefits she received after her former husband died. There were times when Carol could not afford to eat. Remarrying before graduating from law school, Carol soon had two daughters.
She opened a private law practice in Decatur in 1977 and, spurred on by a trial judge who repeatedly called her “little lady” in open court, Carol decided to run for the bench. She defeated four men and in 1984 became the first woman elected to the DeKalb County Superior Court. She has served on the Georgia Supreme Court since 1992.
Judge Anne Workman: In a speech given to this august group in 2008 entitled “A Curmudgeon’s View from the Last Century Forward,” Judge Anne Workman wrote:
”The presence and acceptance of women in our profession today tends to make one overlook the lack of presence and the lack of acceptance of women in our profession thirty five years ago not only here but throughout the country. When I graduated from Emory Law School less than ten percent of the class of 1972 – one hundred in number – were women as were less than four per cent of all lawyers in the nation. The downtown law firms would come to the Emory campus for employment interviews with the male students, but they would not interview the women students at all. And Emory allowed that to occur, finally changing this practice a few years after my class graduated. The criminal law students at Emory had always been allowed to do a ‘ride-along’ with the DeKalb police as part of the course until my first year at Emory when we women students were told that we would not be allowed on the ‘ride-along’ ostensibly because the wives of the police officers did not want us in the patrol cars with their husbands for the eight hour shift. It was never made clear to us exactly what they thought we would or could be doing in a patrol car driving around on shift. It was just not suitable. I suppose that we put up with all these policies and others which were worse because we felt we had no other recourse. We were desperate to be there and to become attorneys; we were a only a handful in number; and so we just hunkered down and fought to graduate as high in the class as we could to demonstrate our worth and our commitment to the profession as well as our revenge served cold.”
Judge Workman’s first attempt to get a legal job after law school was fruitless, but she recounted it very humorously. She had always loved criminal law and wanted to be a prosecutor when she graduated from Emory. She approached the district attorney at the time about employment in his office. Judge Workman recalled: “He told me in a very matter of fact manner that there were some places a woman did not belong and that a courtroom was one of them. But that was alright because I could have a baby and he couldn’t. It was not the reasoning I had hoped to hear; but in one way it was helpful as it provided a considerable amount of focus and direction to me to prove him wrong. You take motivation where you find it. It took twelve years, but in 1985 when I was sworn in as a state court judge, I saw him and reminded him of our long-ago conversation. I remarked that I must belong in a courtroom now because it had my name on it.”
Judge Workman was a remarkable woman, lawyer and trailblazer and I consider myself fortunate to have become her friend during the years she served on the State Bar Board of Governors with me.
And it is not just women trailblazers out there to whom we owe a debt of gratitude. There are many progressive men who have helped make the road smooth for those coming behind them.
Justice Robert Benham- Justice Benham distinguished himself as the first African American to win statewide election in Georgia since Reconstruction. In 1989, Justice Benham was further distinguished as the first African American to serve on the Supreme Court of Georgia, following his appointment by Governor Harris.
He also made history both as the first African-American to establish a law practice in his hometown of Cartersville. In what can only be described as something straight out of a movie, when Justice Benham would walk down the street in Cartersville to go to the Bartow Co. Courthouse, many fellow African Americans would come out of their homes and out of their places of work to follow him down the street. The shouts of “Mr. Benham’s going to court, Mr. Benham’s going to court” could be heard as they followed their hero, then “Attorney Benham”, to the courthouse, because they knew Attorney Benham was going there to stand up for the little guy, the underdog.
Justice Benham’s first lesson of service to others probably came at the hands of his mother, who insisted that he shine shoes at the local barber shop.
His mother had this view that if you ever plan to lead people that you must be willing to serve them and there’s no more humbling experience than being down on your knees shining somebody’s shoes. And she says, “If you do that you won’t be full of yourself, you won’t be hording everything.” It reminds me of the lyrics in that U2 song that says “If you want to kiss the sky you better learn how to kneel.”
So Justice Benham as a little boy, with his brothers, shined shoes at Bob Cagle’s barber shop. As I have heard Justice Benham say, “The American Dream is that a black child from Cartersville who shined shoes in a barber shop can grow up and shine in the Halls of Justice.”
Sr. Judge Horace Ward- In 1979, Judge Horace Ward became the first African American federal judge in Georgia, having been nominated by President Jimmy Carter. He had previously served in the Georgia State Senate and as a State Court and Superior Court judge in Fulton County. Since 1993, Judge Ward has served the Northern District of Georgia in senior status. He is also well known in Georgia history from his efforts to gain admission to the then-segregated University of Georgia Law School in the 1950s. For years, the Board of Regents denied Judge Ward admission to the law school, stating that the fact that no black had ever been admitted to the university was merely coincidental. Meanwhile, the Board of Regents decided to "modify" the admissions criteria by requiring that candidates take an entrance exam and that they get two additional letters of recommendation—one from a UGA law school alumnus and the other from the superior court judge in the area where the applicant resided. Judge Ward filed suit against the Board of Regents to gain admission, which, after years of delay, was eventually dismissed on the basis that Judge Ward had “refused” to reapply under the new admissions guidelines (which Ward's attorneys had argued was yet another ploy to keep Ward out). Judge Ward decided not to appeal and attended law school at Northwestern University, from which he graduated in 1959. In what can only be described as poetic justice, Judge Ward was a member of the legal team representing Charlayne Hunter and Hamilton Holmes when they were admitted as the first African American students at UGA, thus ending 175 years of segregation at the university.
And tonight we honor another trailblazer, Judge Clarence Seeliger. Judge Seeliger, as you have heard, was a trailblazer for racial justice and equality. He hired the first African American employee of DeKalb County State Courts and courageously removed the Confederate flag from his courtroom at great personal risk. Judge Seeliger made it clear that no one, not even judges, was above the law. Judge Dr. Martin Luther King, Jr. said, “There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right.” Seeliger’s life embodies that principle and I consider it a privilege and highlight of my year as State Bar President to be speaking tonight, a night in which we honor Judge Seeliger.
I often wonder whether I would have the same courage of Judge Seeliger and Judge Ward and other progressive Americans to stand up against racial inequality had I been an adult during the Civil Rights Movement. I like to think I would have been right there alongside the Freedom Riders, or walking across the William Pettus Bridge, but admittedly, it is daunting to consider risking one’s life for something you believe in. I like to think I would have done that. I suppose the social justice issue that presents itself to me now in my career is that of equality regardless of sexual orientation. I have delivered speeches on this issue, I have walked in the Pride Parade with my husband and two children, and I have even filed for a pardon of a United States Veteran who was court-martialed for being gay. I will continue to fight for social justice for all regardless of sexual orientation…but I’m not risking my life to do so, the way Judge Ward and Judge Seeliger and Justice Benham for racial justice.
Those trailblazers are pretty inspirational aren’t they? There is no question things are different now for many of us than what they were for Justice O’Connor, or Chief Justice Hunstein or even for me for that matter, not only in the legal profession but in all professions and corporate America. Yet, we have constant reminders that we have to do better. For example, during a school’s recent visit to the Journey of Justice, a Bar employee saw a young African –American child looking at the photographs of the Past Presidents on the wall of the 3rd floor with his father who was there on the tour. The employee heard the young child say “There isn’t anyone who looks like us, Dad.” That hurts. We have over 10,000 children walk through that 3rd floor hall every year, and they observe, they notice, and I don’t want anyone of them to go home thinking the State Bar of Georgia doesn’t have a photo of a leader who looks like them.

While our State Bar is comprised of 34 percent women, I am only the second woman President in its history, and I am the only President also to be a mother. In my opinion, diversity of leadership – with proportional representation reflecting the makeup of any organization – is a key to its ongoing health and strength. When the leadership of an organization is truly representative of the membership, the members more readily support the organization and are much more committed to it. I believe diversity in and of itself is a positive desired thing because it allows all points of view to be heard and considered. It makes one stop and reconsider the framework through which you view all issues and makes you actually take a minute and put yourself in someone else’s shoes before reaching any decision.

I just recently saw a new survey from the National Law Journal about women partners in large law firms. It’s not that encouraging. It showed that today about 18.8 % of all partners, equity and non-equity, are women. That is up only 2.8% over the last 10 years. If we just look at women equity partners, that number has been fixed at 15% for the last 20 years. This National Law Journal survey also proved that if a law firm has two tiers of partnership, an equity tier and a non-equity tier, women are more likely to be placed on the non-equity tier than men. The survey showed that women make up 17.6% of equity partners with only the one-tier track but throw in a non-equity tier and the women who are equity partners in firms with both tiers comprise only 14.7% of equity partners. Some say acceptance of women as equals in the legal profession is a matter of culture. That may be…but I feel like it has to be more intentional than that, with women, with minorities, to make our profession more inclusive.
As I told one woman attorney, I am raising the issue of diversity and inclusion now because in 20 years, when my daughter asks me why didn’t I do anything about this back in 2013 when I had the chance, I don’t want to have to answer her “I don’t know why I didn’t do anything.” That is not an acceptable response. Women need to support other women. I am reminded of what a friend of mine who was running a political campaign for a woman who was running for office: “there must be a special place in hell for women who don’t support women.”
As a mother of a 17 year old son and a 15 year old daughter, I am extremely cognizant of the example I set for them professionally and personally. You never know who you might influence. A Young woman at Athens UGA said she was definitely going to law school after hearing my speech to the State Court Judges. In a trial earlier this year in which I represented parents of a 23 year old young woman who had been killed in a car wreck, their other young daughter, in tears at the time, told me after the trial she had decided she wanted to go to law school.
There is simply inherent value in diversity in every endeavor. A diverse environment challenges us to explore ideas and arguments at a deeper level--to see issues from various sides, to rethink our own premises, to achieve the kind of understanding that comes only from testing our own hypotheses against those of people with other views. Such an environment also creates opportunities for people from different backgrounds, with different life experiences, to come to know one another as more than passing acquaintances, and to develop forms of tolerance and mutual respect on which the health of our profession and our justice system depends. Antoine de Saint-Exupery, author of The Little Prince and who was killed in World War II said: “He who is different from me does not impoverish me - he enriches me. Our unity is constituted in something higher than ourselves - in Man... For no man seeks to hear his own echo, or to find his reflection in the glass.”
There is no question we are making strides in Georgia. For example, the State Bar just recently hosted a reception honoring Judge Carla Wong McMillian’s appointment to the Georgia Court of Appeals. It was an historic appointment by Governor Deal in that Judge McMillian is the first Asian Pacific American state appellate judge ever in the Southeast and we congratulate not only Judge McMillian but also Governor Deal. In his wonderful remarks that evening, Judge Al Wong said we must remain vigilant and steadfast in the quest for diversity.
That is so true. But it’s really not enough simply to talk about it. Or complain about it. If you want to realize more diversity in our courts, in our Bar leadership, in our State leadership, you must get involved at the ground level. Last week I moderated a panel on Judicial Diversity at the University of Georgia Law School. Panel Members included Georgia Supreme Court Justice Harold Melton, state Court of Appeals Judge Anne Elizabeth Barnes, Athens-Clarke County Chief Magistrate Judge Patricia Barron. The subject matter was judicial diversity. Justice Melton made the point that for the bench to reflect more diversity, more minorities must get involved on the ground level with various organizations so that when an appointment becomes available, these individuals are already well known.
Justice Melton said:
"One thing we need to talk about is party diversity," said Melton. "I know there's a lot of conversation about that. One conversation is, 'What's the governor going to do?' We need to ask, What are ???we going to do?'"
"There's a lot of discouragement in the African-American community about working with Republicans. I saw that in the governor's office first-hand," Melton said. The only time the governor heard from African-American lawyers or bar associations was when a judgeship came open, he said; meanwhile, other lawyers and organizations had been working to make contacts and establish relationships with the administration.
"So others have been working diligently, and you're at a disadvantage if you take a hands-off approach."
"I'm not saying we should compromise our views," said Melton, "but we should be more involved."
Justice Melton was 100% right. I have told you I am only the second woman President of the State Bar of Georgia, but do you know how many women have run for that office since Linda Klein was the first female president? One. Me. Former Georgia Chief Justice Leah Ward Sears wrote for the Daily Report last year decrying the lack of diversity on the bench. Of 464 judgeships statewide, wrote Sears, about 100 were occupied by women, 53 by African-Americans, and—at that time—one was Asian and one Hispanic. But how many African-Americans and how many Hispanics and Asians put in an application with the JNC? How can we demand the JNC recommend a short list comprised of only minority nominees to the bench if those applicants are totally unknown to the Commission members because they have never been involved in any local bar association, or any political effort? Women and minorities must get involved in professional and political efforts to build those necessary relationships. Women and minorities must offer themselves for the bench and for leadership positions or we will never achieve the diversity we say we want.
Which brings me to my closing thought…and it is often my closing thought in every speech I give…and that is “A Rising Tide Lifts All Boats.” This is literally written on the wall of my office. I believe it and it is that philosophy of mutual good and shared connections that has directed my entire career and my work on behalf of the Georgia State Bar. We are all in this together, and we must encourage one another and cheer each other on. By doing this for others, we will lift up ourselves unknowingly in the process. The more you help someone else the more you help yourself. The less you think of yourself, the smaller your problems become. We must work together to remove barriers to inclusiveness. Each time a barrier is removed in the leadership of our courts, our Legislature, our profession, a door opens to a new generation of potential great trailblazers, which might include the next Horace Ward, the next Sandra Day O’Connor, the next Robert Benham, the next Leah Ward Sears or the next Clarence Seeliger. And that is something to be celebrated.
Thank you again for your support. I hope you will remember that the State Bar of Georgia stands as a beacon to promote the cause of justice, to respect the rule of law and to protect the rights of all citizens of the State of Georgia.
God Bless you and God Bless the Great State of Georgia.
Robin Frazer Clark

REMARKS OF PRESIDENT ROBIN FRAZER CLARK
14TH ANNUAL JUSTICE ROBERT BENHAM COMMUNITY SERVICE AWARDS
STATE BAR OF GEORGIA
FEBRUARY 26, 2013

It was with great pleasure and honor that I delivered remarks last night at the Fourteenth Annual Justice Robert Benham Community Service Awards. These awards honor Georgia Bar members who have selflessly given their time and commitment to make their individual communities better places. They were created and named after one of my heroes, the Honorable Justice Robert Benham. Below are my remarks.
It is my distinct and honor and privilege to welcome you to the 14th Annual Justice Robert Benham Awards for Community Service. This year’s worthy recipients, and countless other Georgia lawyers who volunteer their time and expertise in their communities, bring great honor to our profession. It is our privilege to honor them tonight.
These awards recognize the commitment of Georgia lawyers to volunteerism, encourage all lawyers to become involved in community service, improve the quality of life of those they help and even enrichen the lawyers’ own lives through the satisfaction they derive from helping others. Their work also raises the public image of lawyers.
Tonight is one of the highlights of my year as President of the State Bar, as I am sandwiched between Chief Justice Carol Hunstein, who, as she well knows, is one of my heros and Justice Robert Benham, who is another hero and legendary role model. Since these awards are given in the name of our dear Supreme Court Justice Robert Benham, it is only fitting that we take a moment to reflect on the example of service Justice Benham is for us through his extraordinary life. Justice Benham distinguished himself as the first African American to win statewide election in Georgia since Reconstruction. In 1989, Justice Benham was further distinguished as the first African American to serve on the Supreme Court of Georgia, following his appointment by Governor Harris.
He also made history both as the first African-American to establish a law practice in his hometown of Cartersville. In what can only be described as something straight out of a movie, when Justice Benham would walk down the street in Cartersville to go to the Bartow Co. Courthouse, many fellow African Americans would come out of their homes and out of their places of work to follow him down the street. The shouts of “Mr. Benham’s going to court, Mr. Benham’s going to court” could be heard as they followed their hero, then “Attorney Benham”, to the courthouse, because they knew Attorney Benham was going there to stand up for the little guy, the underdog.
Justice Benham’s first lesson of service to others probably came at the hands of his mother, who insisted that he shine shoes at the local barber shop.
His mother had this view that if you ever plan to lead people that you must be
willing to serve them and there’s no more humbling experience than being down on your knees shining somebody’s shoes. And she says, “If you do that you won’t be full of yourself, you won’t be hording everything.” It reminds me of the lyrics in that U2 song that say “If you want to kiss the sky you better learn how to kneel.”

So Justice Benham as a little boy, with his brothers, shined shoes at Bob Cagle’s barber shop. As I have heard Justice Benham say, “the American Dream is that a black child from Cartersville who shined shoes in a barber shop can grow up and shine in the Halls of Justice.”

In the Kennesaw State University Department of History and Philosophy Summer Hill Oral History Project, Justice Benham described his family’s origins for insistence on service for others. “Family meals were not optional, they were required. A blessing was said at every meal and the children, my two brothers and I were required to say a Bible verse. We could not say the same Bible verse anybody at the table said and we could not use the same Bible verse during that week, and that was required. There was no television on, and we were the only family in the neighborhood who had a television, but you did not watch TV while you were at the family meal and you engaged in discussion. Daddy would always ask, “Well, what are you going to do today?” And then we knew what was coming next, “What are you going to do for somebody else?” That was at every
breakfast.”

Quite a lesson that Justice Benham never forgot. Years later, Dr. Martin Luther King, Jr. would say that life’s most persistent question is “What are you doing for others.” Life’s most persistent question has been the hallmark of Justice Benham’s life. And tonight we honor these lawyers for their commitment to service to others. One of the hallmarks of the profession is law is a recognition that along with the privilege to practice law comes a duty to subordinate financial reward to social responsibility. Tonight’s award recipients have demonstrated their understanding of this and with their public service to their communities have embodied Justice Benham’s example of service. Through this work they are promoting the cause of justice, upholding the rule of law and protecting the rights of all citizens.
I am reminded of the movie “Friday Night Lights” about a Texas high school football team, and every time they broke huddle they yelled in unison “Clear eyes, full hearts, can’t lose!” “Clear eyes, full hearts, can’t lose!”
Congratulations to our award recipients tonight on behalf of the State Bar of Georgia. May God bless you and your families and may God Bless the Great State of Georgia.

Last night I had the great honor and distinct privilege, as President of the State Bar of Georgia, to recognize Judge Carla Wong McMillian, recently appointed by Governor Nathan Deal, as the first Asian Pacific American state appellate judge in the Southeast. This was an historic appointment by Governor Deal and the State Bar of Georgia salutes him, as well, in breaking this barrier for Asian Pacific Americans. I was proud to stand with the Honorable Al Wong, Judge, State Court of DeKalb County and the very first Asian Pacific American state court judge in Georgia, to recognize this nod to the need for vigilance and diversity.

Judge Wong McMillian's colleagues from the Georgia Court of Appeals joined us, as did many members of the Georgia Asian Pacific American Bar Association (GAPABA) who co-sponsored the reception. Thank you also to Thomas Worthy, Governor Deal's Deputy Executive Counsel, for joining us. My remarks from the evening are copied below. It was a wonderful night to celebrate diversity and take pride in the extraordinary appellate bench we have in Georgia. As I said last night, "each time a barrier is removed in the leadership of our courts, a door opens to a new generation of potential judges, which might include the next Thurgood Marshall, the next Sandra Day O’Connor, the next Robert Benham, the next Leah Ward Sears or the next Carla Wong McMillian. And that is something to be celebrated."

Robin Frazer Clark
President, State Bar of Georgia
Reception Honoring Judge Carla Wong McMillian
February 21, 2013

On behalf of the State Bar of Georgia, it is my pleasure to welcome you to the Bar Center this evening, and to thank the Georgia Asian Pacific American Bar Association for co-sponsoring this reception.

Judge Carla Wong McMillian is most deserving of her appointment by Governor Nathan Deal to serve on the Georgia Court of Appeals, considering her 14 years in the legal profession, including her exemplary service as a trial judge in the Fayette County State Court.

A native Georgian born and raised in Augusta, Judge McMillian was the valedictorian of her high school class and graduated with high honors from Duke University, earning degrees in both History and Economics.

She graduated third in her class from the University of Georgia Law School, where she was a Woodruff Scholar and served as president of the Christian Legal Society.

Judge McMillian began her legal career as a federal law clerk for Judge William C. O’Kelley of the U.S. District Court for the Northern District of Georgia.

She later joined Sutherland Asbill & Brennan LLP, where she became a partner in the litigation group. Her practice centered on complex business litigation, including a heavy emphasis on and experience in appellate matters.

Judge McMillian is a frequent speaker on professionalism in the Bar and a mentor for younger lawyers and law students on professionalism issues. She promotes the highest ideals of the legal profession to younger students as well by speaking at local school events, hosting student groups who visit the courthouse and serving as a mock trial competition judge.

We are not only congratulating Judge McMillian this evening. We also salute and thank Governor Deal for making this historic appointment of the first Asian Pacific American state appellate judge ever in the Southeast.

As I said when I took office as only the second female president of the State Bar of Georgia, diversity of leadership is, in my opinion, a key to the ongoing health and strength of any organization, the justice system included.

Diversity allows all points of view to be heard and considered. It makes one stop and reconsider the framework through which you view all issues and makes you actually take a minute and put yourself in someone else’s shoes before reaching any decision.
Diversity builds strength and stamina, which is a Darwinian concept but has proven true throughout all of nature. Nature favors diversity. As author James Ellison said, “The real death of America will come when everyone is alike.”

Each time a barrier is removed in the leadership of our courts, a door opens to a new generation of potential judges, which might include the next Thurgood Marshall, the next Sandra Day O’Connor, the next Robert Benham, the next Leah Ward Sears or the next Carla Wong McMillian. And that is something to be celebrated.

Accepting Governor Deal’s appointment to the Court of Appeals further confirms Judge McMillian’s status as a real trailblazer in Georgia’s justice system. She was the first minority woman elected countywide to any office in Fayette County’s history, as well as being the first Asian American female judge to be elected in Georgia.

It is no wonder, then, that she has received such honors as one of the nation’s “Best Lawyers under 40” by the National Asian Pacific American Bar Association in 2012 and as one of the “Most Powerful and Influential Women in Georgia” by the National Diversity Council in 2010.

Judge McMillian’s acceptance of this nomination is further proof of her status as a trailblazer in Georgia’s justice system. It also demonstrates her continued commitment to public service, which in turn serves to promote the cause of justice, uphold the rule of law and protect the rights of all citizens.

The State Bar of Georgia enjoys a great working relationship with the Court of Appeals, which we look forward to continuing with Judge McMillian for many years to come.

Please join me in congratulating our newest judge on the Georgia Court of Appeals, Judge Carla Wong McMillian.

Yesterday, as President of the State Bar of Georgia, I testified in front of the House Judiciary Committee in support of HB 242 which is a comprehensive Juvenile Justice Reform Act. It includes both Juvenile Criminal Justice reform and a rewrite of the Juvenile Code, which is Title 15 of the Official Code of Georgia. Below are my remarks to the House Judiciary Committee:

REMARKS OF ROBIN FRAZER CLARK TO THE JUDICIARY COMMITTEE OF THE HOUSE OF REPRESENTATIVES OF THE GEORGIA GENERAL ASSEMBLY

I am Robin Frazer Clark and am the President of the State Bar of Georgia, which is made up of nearly 44,000 lawyers, including judges, prosecutors, public defenders, private pratitioners and even Legislators. On behalf of the State Bar of Georgia, let me first thank you as members of the Georgia General Assembly for your dedication to the citizens of Georgia and your personal sacrifice I know each of you make to be here and make a difference. We appreciate you.

Eight years ago, the Juvenile Law Committee of the Young Lawyers Division undertook an ambitious project: to create a model juvenile code that could provide a framework, based in proven best practices and scientific research, for revising Georgia’s juvenile code. In 2004 the Georgia Bar Foundation funded the project for the YLD to create a model juvenile code. The following year, members of the General Assembly passed a resolution calling for an overhaul of the current juvenile code.

In 2006, JUSTGeorgia, a statewide juvenile justice coalition, was formed for the purpose of advocating for changes to the state’s Juvenile Code and the underlying social service systems to better serve Georgia’s children and promote safer communities. The coalition’s founding partners are Georgia Appleseed, the Barton Child Law and Policy Clinic of the Emory University School of Law and Voices for Georgia’s Children.

Two core needs were identified by JUSTGeorgia: to pass an updated Juvenile Code that reflects the best practices and the latest research and scientific findings in the child and adolescent brain development field and to cause policy changes in the social services system that can prevent detention and sustain healthy behaviors outside the juvenile justice system.

JUSTGeorgia began to collect stakeholder feedback in 2007 through a series of town hall meetings around the state and hundreds of personal interviews, the goal being to collect substantive input on how changes to the Juvenile Code could best meet Georgia’s needs. A year later, in 2008, the YLD released its Proposed Model Code. “JUSTGeorgia” began an intensive initiative to gather stakeholder feedback on our work. The Juvenile Law Committee then assisted JUSTGeorgia in incorporating this feedback into the PMC to create a legislative package that would comprehensively reform Georgia’s juvenile code.

The Proposed Model Code was the culmination of four years of best practice research and hard work by our code reporters Juvenile Law Committee member Soledad McGrath, the Honorable Juvenile Court Judge Velma Tilley of Bartow County, and Law Professor Lucy McGough of Louisiana State University. In developing the PMC, the reporters conducted fifty state surveys of juvenile laws and practices; studied scientific research on child development, adolescent brain development, rehabilitation of youthful offenders, and responses to child abuse and neglect; and reviewed recommendations made by experts, such as those at the National Council of Family and Juvenile Court Judges, the ABA Center on Children and the Law, and the National Association of Counsel for Children. This research included stakeholder feedback on Georgia’s current juvenile code through town hall meetings in each of Georgia’s judicial circuits and through personal interviews with hundreds of individual stakeholders conducted by pro bono volunteers from the state’s most prominent law firms. Since the PMC’s release, JUSTGeorgia has worked diligently to educate stakeholders and the community about its contents, and to seek their input on how it could best be adapted to meet Georgia’s needs. Here are just some of the ways in which input was gathered:
• From March – July 2008, JUSTGeorgia held a formal comment period on the PMC, and dozens of individuals and organizations submitted written comments.
• In May 2008, the Juvenile Law Committee hosted a CLE in partnership with ICLE, in which attendees learned about the content of the PMC and participated in discussion groups where they shared their reactions.
• The PMC reporters and the JUSTGeorgia partners have also made dozens of presentations to stakeholder groups including the Prosecuting Attorneys’ Council, the Council of Juvenile Court Judges, and many others.
• At the request of Senator Hamrick, the Carl Vinson Institute of Government at the University of Georgia conducted a series of focus groups with key stakeholder groups including the Department of Human Resources, the Department of Juvenile Justice, the Prosecuting Attorney’s Council, the Council of Juvenile Court Judges, and others.
• JUSTGeorgia held facilitated discussions with key stakeholder groups for issues on which comments from stakeholder groups were in direct conflict with each other in an attempt to reach compromise. These issues included representation of children, designated felonies, and automatic transfer of children to adult court.
The Juvenile Law Committee worked with the JUSTGeorgia partners to incorporate all of this stakeholder feedback into the PMC to create a legislative package that reflects both national best practices and the specific needs of Georgia’s children and the professionals who serve them.

The initiative first appeared before lawmakers in 2009 as Senate Bill 292. The legislation failed to get out of committee during the 2009-10 legislative session, but the Senate Judiciary Committee held about 10 hearings on the proposal, which resulted in valuable public comment and discussion for future consideration and drafting of new legislation.

As a result, the proposed Juvenile Code rewrite came very close to becoming law during the 2012 legislative session. House Bill 641, the Child Protection and Public Safety Act, was introduced by House Judiciary Committee Chairman Wendell Willard and handled in the Senate by then-Judiciary Committee Chairman (and now Superior Court Judge) Bill Hamrick.

HB 641 was approved in the House by a vote of 172-0 on Feb. 29, 2012. It also received unanimous approval by the Senate Judiciary Committee on March 22, 2012, but failed to reach the full Senate for a vote when it stalled in the Senate Rules Committee amid concerns about funding issues.

The Governor’s Criminal Justice Reform Council, which was formed in 2011 and recommended the changes to the adult prison system enacted earlier this year, focused this past year on reforms to Georgia’s juvenile law, which Judge Michael Boggs will describe more fully to you.

HB 242 now before this committee includes this proposed comprehensive update of the state’s 42-year-old Juvenile Justice Code, which includes all of Title 15 Chapter 11 of the Official Code of Georgia.

The State Bar of Georgia has conducted numerous open discussions and informational sessions to vet the Proposed Model Code thoroughly. It is the State Bar’s members who practice juvenile law and represent juveniles, who prosecute juvenile offenders, who are the judges of juvenile courts, who are the court-appointed guardians of juveniles, who will use this new Juvenile Code on a daily basis. These lawyers have vetted HB 242 fully and completely and all who have wished to weigh in have done so or had ample opportunity to do so. Not everyone got everything they wanted in the new proposed model code, which probably means it is a fair and balanced bill. HB 242 represents the best of all input from all stakeholders who use the Juvenile Code on a daily basis and who are, therefore, in the best position to know what the new Code should include. It has been vetted and revetted, iterated and reiterated and cussed and discussed. The State of Georgia needs a new Juvenile Code and HB 242 now before you is a perfect blend of the best of all perspectives. As Scripture says, “it’s all over but the shoutin’.” It just now needs to be passed. On behalf of the 44,000 members of the State Bar of Georgia, we urge favorable consideration by this Committee of HB 242. Thank you again for your efforts to promote the cause of justice, uphold the rule of law and protect the rights of all citizens.

REMARKS TO GAWL GEORGIA ASSOCIATION OF WOMEN LAWYERS, JUDICIAL LUNCHEON-OCTOBER 17, 2012-
ROBIN FRAZER CLARK, PRESIDENT, STATE BAR OF GEORGIA

Thank you, Susan, for that kind introduction and the very nice invitation of the GAWL to be with you here today. I see some dear friends in the audience today, and it’s always nice to have smiling faces in the audience.

It’s wonderful to be with so many judges here today. You are true public servants and on behalf of the State Bar of GA we greatly appreciate your service to the State of Georgia, to the citizens of GA and to our profession. You should know that our judges take a much reduced pay to serve the State of GA compared to what they would make if they were practicing law in the private sector and we all owe them a debt of gratitude for their public service.

The women in leadership here today need to thank all those women who blazed the trail for us so that we can practice law or serve on the Bench with Freedom and enjoy the independence of being a professional and the sheer joy of being a woman. Our Trailblazers cleared the path for us to allow us to have it all, to experience equality in the profession and not to have to apologize for being ourselves, for wanting to have a career and also having a family.
Let me share with you some amazing trailblazer stories.

Justice Ruth Bader Ginsburg-1st in her class at Columbia Law School in 1959 but, breaking with custom, Justice Felix Frankfurter refused to hire her as a clerk b/c she was a woman. She was a pioneer for gender equality at a time when most people had never even heard of that term. Ginsburg recalls, "My mother told me two things constantly. One was to be a lady, and the other was to be independent.” So she started working for the ACLU, the only place where she could get a job in the early 60’s practicing law and started taking cases in which she could advocate for gender equality. Justice Ginsburg’s daughter, Jane Ginsburg, who is now an intellectual property professor at Columbia Law School, said her mother was one of the few mothers back then who worked. Jane recalled: “I remember a friend of mine telling me that her mother said she ‘had to be nice to Jane because Jane’s mommy worked.’ Like I had leprosy or something.” In 1972 Justice Ginsburg founded and became the Director of the Women’s Rights Project of the ACLU and all of her cases involved gender discrimination. Between 1973 and 1979, while running the Women’s Rights Project, teaching law school at Columbia Law School and raising two children, Justice Ginsburg argued six cases before the United States Supreme Court. During this time, at the urging of her secretary, Justice Ginsburg stopped using the words “sex discrimation” in her briefs and oral arguments, in favor of gender discrimination. Her secretary pointed out to her: “Don’t you know that to the audience you are addressing, mostly me of a certain age, the first association with the word sex is not what you’re talking about?”

Sandra Day O’Connor-O'Connor only took two years, instead of the customary three, to complete law school. Along the way, she served on the Stanford Law Review and received membership in the Order of the Coif, a legal honor society. O'Connor graduated third out of a class of 102.
O'Connor faced a difficult job market after leaving Stanford. No law firm in California wanted to hire her and only one offered her a job: as a legal secretary. Justice O’Connor was nominated in 1981 by President Reagan to become the first woman on the United States Supreme Court. Ironically, a senior partner of that firm, William French Smith, helped O'Connor's nomination to the Supreme Court years later as the Attorney General. When Justice O’Connor could not find employment in the private sector as a lawyer, she turned to public service and accepted a job as the deputy county attorney for San Mateo, California. In his book “The Nine: Inside the Secret World of the Supreme Court”, CNN legal analyst Jeffrey Toobin contends that O’Connor has ¬become the most important woman in American history.

And we have our own trailblazers to thank right here in the GA Legal Community.
Judge Adelle Grubbs-Cobb County Superior Court-When she was still a practicing attorney, on Wednesday before Thanksgiving many years ago, she was arguing a divorce case before a male Cobb Superior Court Judge. It got to be fairly late, near 6:00 p.m. and Judge Grubbs asked that Court adjourn for the day. The Judge wasn’t going for it, until Judge Grubbs said: “Your Honor, you get to go home and relax and wake up tomorrow and enjoy Thanksgiving dinner tomorrow that your wife has prepared all day today with your family. I get to go home tonight and clean house and polish silverware and get up early tomorrow and cook a turkey and an entire Thanksgiving Dinner after having been in Court all day today.” The Judge after that simply quit holding court on the day before a Holiday to be respectful to women lawyers.

Chief Justice Carol Hunstein-1st woman Chief Justice of the GA. Supreme Court. Born into humble circumstances, Carol contracted polio when she was two, survived her first bout of bone cancer at age four, and lost her mother at age 11. Her adolescent years were marked by frequent hospitalizations for cancer. Carol’s father discouraged his six children from pursuing an education beyond high school. She married at 17, became a mother at 19, and was abandoned by her husband by age 22. That same year, Carol lost a leg to cancer and was told by doctors she had only a year to live.
Struggling to find work to support herself and her son, Carol soon realized the value of an education. She went to college on a state vocational rehabilitation scholarship and to law school on the Social Security benefits she received after her former husband died. There were times when Carol could not afford to eat. Remarrying before graduating from law school, Carol soon had two daughters.

She opened a private law practice in Decatur in 1977 and spurred on by a county judge who repeatedly called her “little lady” in open court, Carol decided to run for the bench. She defeated four men and in 1984 became the first woman elected to the DeKalb County Superior Court. She has served on the Georgia Supreme Court since 1992.

Judge Anne Barnes-1st woman to win statewide judicial in a contested election without having first been appointed to the bench.

Judge Yvette Miller-1st African American woman to serve as on the GA Court of Appeals and first African American woman to serve as Chief Judge on the GA Court of Appeals.

These women cleared the path for us, branch by branch, briar by briar, until your way in your Profession became a smooth, flat clear path for you.

There is no question things are different now for women than what they were for Justice O’Connor, or Chief Justice Hunstein or even for me for that matter, not only in the legal profession but in all professions and corporate America. Given that this year we mark the 40th Anniversary of Title IX I think there is no doubt that Title IX has played a role in the advancement of women in sports but also in the workplace. This year, for the first time ever, the U.S. Olympic Team consisted of more women than men. It is no wonder then, that 80% of women executives in companies with 100 employees or more played team sports. They say participation in team sports gave them the discipline, the poise and the confidence to succeed in the business world. It bears noting that Title IX doesn’t even mention sports.

Title IX states:
"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance."

Some have noted the true significance those 37 words has been the accompanying increase in opportunities for women off the field -- a level of female empowerment so strong that Bernice "Bunny" Sandler, who helped draft the legislation and now works as a senior scholar for the Women's Research and Education Institute in Washington, D.C. calls the law "the most important step for gender equality since the 19th Amendment gave [women] the right to vote."
Economists have long observed that participation in sports at a young age correlates to higher wages, greater educational attainment and overall professional success in adult life.
I was elated to see that this year for the first time in the club’s history, Augusta National Golf Club added two women as members. I was just bummed it wasn’t me. I think Chairman Payne must have lost my telephone number. And speaking of golf, I had the pleasure of playing golf Friday at the Grove Park Inn Golf Club in Asheville, N.C., on a rather difficult Donald Ross-designed course. Two of men in my foursome were the President of the Maryland State Bar and the Executive Director of the Maryland State Bar. After I shot a 42 on the front nine, these two very nice men began to complain (or whine, really) that I was being given an unfair advantage over them because several of the ladies tees were placed several yards ahead of theirs. One declared that the placement of the red tees was “Title VII run amok” and when the red tees were on the same tee box as the men’s tees, both men loudly proclaimed “Justice!”

It is true that when I was sworn in as the 50th President of the State Bar of Georgia last weekend, I became only the second woman ever to do so. I am proud to embark on the trail blazed by Linda Klein some 15 years ago. Linda continues to be an inspiration in Bar leadership, now at the national level as we have witnesses her ascension up the ABA ladder, presently serving as Chair of the ABA House of Delegates. A few years ago, I was also only the second woman ever elected as President of the Georgia Trial Lawyers Association. That year gave me invaluable leadership experience, leading an association that is heavily male dominated. I am a sole practitioner doing plaintiff’s personal injury work. In the profession of law it is estimated that Nationwide less than 10% of trial lawyers are women, and in GA that % is even smaller. I am my own boss, which I think is just about the best way to practice law. Some of the best advice my father ever gave me was to be independent. He didn’t care what field I went in, or what I studied in college, I just had to be independent. Of course, my dad’s parting advice when I would be heading back to Vanderbilt or Emory Law School after a visit home was always a somber “Trust no man.”

I just recently saw a new survey from the National Law Journal about women partners in large law firms. It’s not that encouraging. It showed that today about 18.8 % of all partners, equity and non-equity, are women. That is up only 2.8% over the last 10 years. If we just look at women equity partners, that number has been fixed at 15% for the last 20 years. This National Law Journal survey also proved that if a law firm has two tiers of partnership, an equity tier and a non-equity tier, women are more likely to be placed on the non-equity tier than men. The survey showed that women make up 17.6% of equity partners with only the one-tier track but throw in a non-equity tier and the women who are equity partners in firms with both tiers comprise only 14.7% of equity partners. It is clear that the non-equity law firm model has become simply a convenient place to store would-be female partners.
Some say acceptance of women as equals in the legal profession is a matter of culture. That may be…but I feel like it has to be more intentional than that. I believe that women must still make every effort to support and include other women because most men will simply not naturally do it.

It is clear that even in the year 2012, not everyone is on the same page. A few weeks ago when I was speaking at a local bar association in South Georgia, when I was introduced, the young lawyer who introduced me said “I hope in this day and age we don’t have to point out that Robin is a woman.” I wish that were true…but I’m not so sure. I think we have to continue to promote diversity within the State Bar, in your workplaces and in the judiciary actively. We shouldn’t proclaim victory over inequality just yet.

Just two weeks ago a professional organization of which I am a member held a seminar out of state. 3 days of lecture and not a single presenter was a woman. When I made note of this to several of my women friends in this organization, many of them thought I was getting my knickers in a twist (as they say in London), i.e., that surely it was just an unintentional slight not to get upset about. I don’t think so. This happened because no one called folks who chaired that seminar out on it.

My point is unless someone calls this behavior out and simply doesn’t stand idly by, it will never be different. As I told one woman attorney, I am raising the issue now because in 20 years, when my daughter asks me why didn’t I do anything about this back in 2012 when I had the chance and the platform, I don’t want to have to answer her “I don’t know why I didn’t do anything.” That is not an acceptable response. Women need to support other women. I am reminded of what a male friend of mine said who was running a political campaign for a woman who was running for statewide office in Georgia: “There must be a special place in hell for women who don’t support women.”

It would be nice if we didn’t have to make an effort at intentional inclusion anymore, but we are kidding ourselves if we think we’re there now. In her recent article in MORE magazine entitled “Why Testosterone is the New Estrogen,” Hanna Rosin notes that researchers often attribute the lack of sisterly solidarity to women’s sense that they are still underdogs, who have to fight for the few spots reserved for them at the top. There is no question that the American idea of who makes a good leader is evolving. In a recent study by Pew Research Center entitled “Men or Women: Who’s the Better Leader?” it was determined that most people felt the qualities inherent in a leader, honesty, intelligence, decisiveness, ambition, compassion and creativity were more found in women than in men, yet a majority of respondents (men and women both) said they thought America simply wasn’t psychologically ready to elect a woman to higher political office, e.g., Vice-President or President of the United States. Julie Gerberding, former director of the Centers for Disease Control and Prevention calls this style of leadership found in women “horizontal leadership” and defines it as the “ability to negotiate, collaborate and walk in someone else’s shoes with emotional empathy.” Important traits in any endeavor.

In my opinion, diversity of leadership – with proportional representation reflecting the makeup of any organization – is a key to that organization’s ongoing health and strength.
While our State Bar is comprised of 34 percent women, I am only the second woman President in its history, and I am the only President also to be a mother. But help is on the way. We are fortunate to have another woman now as an officer, our new Treasurer, Patrise Perkins-Hooker, who served the past year as Secretary. The Young Lawyers Division has done an exemplary job of promoting diversity and inclusion in its leadership. I congratulate Stephanie Kirijan on her efforts in that regard this past year.

When the leadership of an organization is truly representative of the membership, the members more readily support the organization and are much more committed to it. I believe diversity in and of itself is a positive desired thing because it allows all points of view to be heard and considered. It makes one stop and reconsider the framework through which you view all issues and makes you actually take a minute and put yourself in someone else’s shoes before reaching any decision.

Diversity builds strength and stamina, which is a Darwinian concept but has proven true throughout all of nature. I guess this is the one time I can say that Bachelor of Science in Biology from Vanderbilt has paid off. Nature favors diversity.

Therefore, at every opportunity I have promoted diversity and inclusion as President of the State Bar.
For example, until just this April, the ICLE did not have any policy to include diversity on faculty panels of seminars. When I saw the statistics that out of the sixteen hundred or so speakers at ICLE seminars in 2011, only 28 percent were women speakers and only 8 percent were minority speakers, I felt we could and should do better at inclusion in these seminars.
At my request, the ICLE Board in April approved and adopted a Policy on Faculty Diversity, which states in part: “Diversity and Inclusion in the faculty pool on substantive legal issues will enhance the mission of ICLE” and that “Program chairs shall make every effort to implement this policy….”

“Strength lies in differences, not in similarities”
― Stephen R. Covey
Good advice for us to keep in mind.

My Journey
GTLA-Ken Canfield
2nd Women President/GTLA
ATL Bar Litigation Section
State Bar BOG
Ran for Secretary against incumbent
2nd woman President/State Bar of GA

The Importance of mentors-mine have all been men. There weren’t many women trial lawyers around 25 years ago to mentor me when I started practicing law. Men have no idea what it is like to try a case while pregnant and having to use the bathroom every 30 minutes without being able to take a break. Or having to pump your breasts in the Fulton County Courthouse bathroom while waiting on a jury because you are still breastfeeding your child. But they were all progressive men and my champions. Justice Ginsburg in a 2010 ABA Journal article defined such progressive men as “people who think women should have equal chances to do whatever their talent permits them to do.” My mentors realized the need to include women in our endeavors to strengthen our profession. Your mentors can be women. Or you can be a mentor to another woman. It is extremely important to have mentors to show you the way, cheer for you on the sidelines, gut it out with you in the tough times, support you, encourage you and give you a hand up.
Steve Cotter
Larry Jewett
Jimmy Franklin
Jay Cook
Nick Moraitakis

People often ask me how do I do it? How do I maintain my trial practice as a sole practitioner while being President of the State Bar of Georgia, serving as the 2nd Vice President of the Lawyers Club of Atlanta and raising two children? I typically respond that women are the natural Multitaskers, capable of keeping numerous balls up in the air at once. After all, Ginger Rogers did everything Fred Astaire did, just backwards and in high heels! The truth is I have an incredible partner, my husband (he likes to refer to himself these days as “The First Dude”) Bill Clark, who is without question one of the most progressive men I have ever known. Bill has never felt threatened by my success, but has been my biggest fan. Justice Ginsburg felt the same way about her husband, Martin, who always supported her career. Justice Ginsburg said in that 2010 ABA article: “That’s my dream for the world. That a child should have two caring parents who share the joys and often the burdens. It really does take a man who regards his wife as his best friend, his equal, his true partner in life.”

Which raises the issue recently debated in the media of whether women can have it all? To which I enthusiastically say “hell yes.” You’ll recall the article by Anne-Marie Slaughter in the July/August issue of Atlantic Magazine entitled “Why Women Still Can’t Have It All” sparked enormous discussion in the social media. Some agreed with Ms. Slaughter; others thought she had single-handedly set back women’s progress by 100 years. Interestingly, as a result of that article and it’s furor, Ms. Slaughter has secured a deal to have Random House publish a book written by her that expands on the subject, due out in 2014. So maybe Ms. Slaughter will be able to “have it all” after all! I’d certainly like to hear Justice Ginsburg’s or Judge Grubbs thoughts on it. Then Marissa Mayer, the 37 year old CEO of Yahoo, announced she was pregnant and you would have thought it had been announced that the Earth no longer revolved around the sun. It is interesting to note that Ms. Mayer became only the 20th current female CEO of a Fortune 500 company…that’s only 4 percent of Fortune 500 chiefs. But is there any doubt she will have the resources at her disposal to help her raise her child while fulfilling the duties as CEO of Yahoo? Is having it all merely a matter of money?? Anne Marie Slaughter said this about Ms. Mayer: “She’s superhuman, rich and in charge. She isn’t really a realistic role model for hundreds of thousands of women who are trying to figure out how you make it to the top and have a family at the same time.”

So who is right? I believe we have many, many realistic role models in this very room for our younger women who are now trying to make their paths. I began my own law firm while pregnant with my second child and walked out of a very comfortable, reputable law firm without a single client to my name. I did it because I believed in myself and my abilities. I had always been told by my parents I could do anything. My path has been to get involved in my profession at every level and at every opportunity, and it has worked for me. I recommend it to you as one potential path to success, both in your profession and your personal life.

I encourage you to get involved in professional associations or other volunteer work outside your job. Involvement in GAWL is a wonderful choice. You never know who you might influence. Following an address this summer I gave to the State Court Judges in Athens, a young woman at Athens UGA who had simply been helping me with my audio/visual equipment said she had been thinking about attending law school but wasn’t quite sure about it, but now that she heard my speech she had made up her mind and was definitely going to law school. As a mother of an 18 year old son and a 15 year old daughter, I am extremely cognizant of the example I set for them professionally and personally. My daughter, Alex, wrote on Facebook that she thought her mom was an incredible role model. That was better than any victory I could ever achieve in court.

Why is it a good idea to get involved in your profession?

#1 reason-to enrich your life.
No question your life will be better if you really get involved in your world outside of your job and in your professional associations. Throw your energy into something unselfishly that has no logical relation to your practice. Roll up your sleeves and jump in.
I have made friendships with many incredible people whose paths I might never have crossed but for working in the Bar. My life is the richer for it. These people have set an incredible example of service and selflessness for me and I am a better person just for having spent time with them.

Getting involved in the bar and as a mentor makes you more well-rounded and have a balanced life, and that is a desirable thing. The lawyer who is one-dimensional and does nothing other than sleep at night and practice law all day for 12 hours or more a day is a miserable person. There is no balance to her life and trust me, no one wants to be around that woman. They are no fun and simply not pleasant. Ten years from now they’ll regret it.

#2-it enhances your professional life.
These days it is highly unlikely you will stay in the same firm or company your entire career. That is rare today. The person you meet at the next professional meeting may be your partner a year from now. Or may be the person who refers the next big case or client to you. Or the person you work alongside in a committee and become close friends with in 10 ten years is on the bench, or State Bar President. My 3rd year law school mock trial partner is now a judge on the Court of Appeals bench. President Bartlett: “Decisions are made by those who show up.” If you want to have an influence on where the profession of law in Georgia is headed, show up.

#3-It gives you a greater purpose than just yourself.
A person should not only be about making money. It’s too shallow. It’s not satisfactory enough. If all we do is work, we become a boring one-dimensional person. Throw yourself into volunteer work for whatever is your passion. Find your passion. It will be your path to giving back. Luke 12:48 says: Great gifts mean great responsibilities; greater gifts, greater responsibilities! (The Message). Or from the King James Version: “For everyone to whom much is given, from him much will be required; and to whom much has been committed, of him they will ask the more.”
We have a moral duty to help one another. Amy W. Schulman, executive vice-president and general counsel of Pfizer and president and general manager of Pfizer Nutrition, who this summer was awarded the Margaret Brent Women of Achievement Award from the ABA, said she was honored to be granted the award and remarked on the shift in how gender issues are discussed. Instead of addressing the essential problems that create inequity, she observed, women are being characterized as “wanting it all” or demanding more than they need.
“It’s not that we want too much or blindly think we’re entitled to it all, but as long as that is the lens through which we allow the conversation to be conducted … that will be the vehicle for which we will be divided and conquered,” Schulman said.

Which brings me to my closing thought…and it is often my closing thought in every speech I give…and that is “A Rising Tide Lifts All Boats.” This is literally written on the wall of my office. I believe it and it is that philosophy of mutual good and shared connections that has directed my entire career and my work on behalf of the Georgia State Bar. We are all in this together, women even more so, and we must mentor other women and encourage other women and cheer each other on. By doing this for others, we will lift up ourselves unknowingly in the process. The more you help someone else the more you help yourself. The less you think of yourself the smaller your problems become. If you are one of the women who has benefited by someone pulling you through that door of success, it is now your turn to reach back your hand and help a sister through that door. Have we made strides in the last 20 years? Yes, without question. Are we at a point where we can simply declare that our work is done? Undoubtedly, no. We still have work to do. So let’s get to work.

When I was sworn in as President, I had my bible turned to Hebrews 10:22 and I think that passage is appropriate to share with you now: “Let’s see how inventive we can be in encouraging love and helping out…spurring each other on.”

Let’s spur each other on toward our goal…our Profession is depending on us and our children are depending on us. We are a nation of trailblazers, explorers and dreamers. We can have it all in a country that guarantees you the Freedom to try. We can have it all with a profession that gives you the Freedom to write your own story on a clean slate.

Thank you again for your support and good will. I will never ever take it for granted. I hope you will remember in the coming year that the State Bar of GA stands as a beacon to promote the cause of justice, to respect the rule of law and to protect the rights of all citizens of the State of GA.

God Bless you, God Bless the Great State of Georgia.

Robin Frazer Clark

Robin Frazer Clark of Atlanta Installed as 50th President of State Bar of Georgia

June 2, 2012
Contact: Sarah I. Coole or sarahc@gabar.org

Savannah – Robin Frazer Clark of Atlanta was installed as the 50th president of the 43,000-member State Bar of Georgia on June 2 during the organization’s annual meeting. Clark is the second woman to serve as president of the State Bar of Georgia. Chief Justice George H. Carley of the Supreme Court of Georgia administered the oath of office.

Clark is owner and founder of the law firm of Robin Frazer Clark, P.C., and has practiced law for 24 years. She devotes 100 percent of her practice to representing everyday Americans who have been injured through no fault of their own.

She is a past president of the Georgia Trial Lawyers Association, also the second woman to hold that office. Clark is a member of the American Board of Trial Advocates and a member of the Georgia Association of Women Lawyers. She is a past chair of the Atlanta Bar Association Litigation Section. She is treasurer of The Lawyers Club of Atlanta, of which she has been a member for more than 20 years. Clark serves on the Board of Directors of the Civil Justice Foundation and is a member of the American Association for Justice.

Clark has testified extensively before the Georgia General Assembly on issues ranging from the discriminatory effect of caps on damages to the detrimental effect of the proposed elimination of vicarious liability in Georgia. Through her advocacy on behalf of Georgia citizens with the Georgia Legislature, she has built strong relationships with numerous legislators.

Clark received her B.S. in biology from Vanderbilt University in 1985 and her J.D. from Emory University School of Law in 1988.

Clark has appeared on “The Layman’s Lawyer” on Atlanta public television on the issue of products liability and has appeared on “Leyes Cotidianas” (“Everyday Law”) on Georgia Public Television on the issue of harmful reform of Georgia’s civil justice system in 2005. She has served as volunteer counsel for the Carter Center program “Not Even One Child’s Death by a Firearm is Acceptable or Inevitable,” the Georgia Council for the Hearing Impaired and the Atlanta Bar Foundation’s Truancy Intervention Project.

Clark is married to William T. Clark, director of political affairs for the Georgia Trial Lawyers Association. They have two children, Chastain “Chaz,” age 17, and Alexandria “Alex,” age 14. Clark is a member of Glenn Memorial United Methodist Church and is an avid golfer, carrying a 24 handicap.

She moves into her new role as State Bar president having served on the Board of Governors and the Executive Committee, as secretary and, for the past year, as president-elect.

FOR IMMEDIATE RELEASE CONTACT: Sarah I. Coole
June 6, 2011 Director of Communications
404-527-8700; 800-334-6865

Robin Frazer Clark of Atlanta Installed as State Bar of Georgia President-Elect

Atlanta – Robin Frazer Clark of Atlanta was installed as president-elect of the 42,000-member State Bar of Georgia on June 4 during the organization’s annual meeting at Myrtle Beach, S.C. Clark will be sworn in as the 50th president of the State Bar of Georgia in June 2012, becoming only the second woman to hold that office.
A solo practitioner, Clark represents individuals in matters involving personal injury and employment, automobile and tractor-trailer wrecks, premises safety, elevator and escalator cases, product safety, medical malpractice, legal malpractice and sexual harassment.
Clark is a graduate of Vanderbilt University and the Emory University School of Law and was admitted to the Bar in 1988. A past president of the Georgia Trial Lawyers Association, she moves into her new role with the State Bar having served on the Board of Governors, the Executive Committee and, for the past year, as secretary.
###
The State Bar of Georgia, with offices in Atlanta, Savannah and Tifton, was established in 1964 by Georgia’s Supreme Court as the successor to the voluntary Georgia Bar Association, founded in 1884. All lawyers licensed to practice in Georgia belong to the State Bar. Its more than 42,000 members work together to strengthen the constitutional promise of justice for all, promote principles of duty and public service among Georgia’s lawyers, and administer a strict code of legal ethics.

It is with great sadness that I report that we have lost an amazing jurist on the Georgia Appellate Bench, Judge Debra Bernes. Judge Debra Bernes was truly an incredible woman and wonderful judge. Gone too soon. I will miss her and the citizens of the State of Georgia will miss her, because we have lost a compassionate heart and voice on the Georgia Court of Appeals with her passing. My heartfelt thoughts and prayers go out to her husband and family. God Bless You.

Appeals court judge Debra Bernes dies of cancer
ShareThisPrint E-mail By Bill Rankin and Ty Tagami

The Atlanta Journal-Constitution

Georgia Court of Appeals Judge Debra Bernes, a former Cobb County prosecutor who won one of the most unusual elections in state history, died Tuesday after a long bout with cancer.

Georgia Court of Appeals Judge Debra Bernes has died after a battle with cancer.

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Bernes, 54, was first elected to the appellate bench in 2004 and was running unopposed for re-election this fall. Her funeral will be held at 10 a.m. Thursday at Ahavath Achim Synagogue in Atlanta, with her internment to follow at Arlington Memorial Park in Sandy Springs.

Two years ago, Bernes was diagnosed with renal cancer that metastasized throughout her body, family member Bill Hendrick said. She had been hospitalized and given only hours to live over the weekend.

Nancy Ingram Jordan, who worked with Bernes in the Cobb County District Attorney's Office and later as a law partner, called Bernes a remarkable woman.

"She loved her family, loved the rule of law and she is going to be missed terribly," Jordan said.

Bernes had a sharp legal mind and was compassionate about the less fortunate, said Georgia Supreme Court Justice Robert Benham, who first met Bernes almost three decades ago when she was a Cobb prosecutor.

"She was really the kind of citizen we all hope to be; she had strong principles and strong values," Benham said. "She was completely fair-minded."

Bernes won election to the appeals court in a race that generated startling amounts of campaign cash and looked like it would never end.

She ultimately won the crowded race after a recount and then another ordered election because a candidate's name, Howard Mead, had been incorrectly listed as "Thomas Mead" on 481 ballots in Laurens County. She won a runoff against Mead, who raised a record $3.3 million for his unsuccessful campaign, most of it through personal loans.

Bernes, a past president of Cobb's bar association, once chaired the Cobb Chamber of Commerce public safety committee and was a board member for the Jewish Educational Fund and the William Brennen Jewish Home.

Bernes served as a trial prosecutor in the Cobb County District Attorney’s office and later specialized in appeals. She left the DA's office in 2000 and became a private attorney.

Bernes, who earned her undergraduate and law degrees from the University of Florida, was from Atlanta, a 1973 graduate of Grady High School.

She is survived by husband, Gary Lee Bernes, and two adult children, Lane and Matt.

FOR IMMEDIATE RELEASE CONTACT: Sarah I. Coole
June 21, 2010 Director of Communications
404-527-8700; 800-334-6865

Robin Frazer Clark of Atlanta Installed as State Bar of Georgia Secretary

Atlanta – Robin Frazer Clark of Atlanta was installed as secretary of the 41,000-member State Bar of Georgia on June 19 during the organization’s annual meeting at Amelia Island, Fla.
Clark is a graduate of Vanderbilt University and the Emory University School of Law and was admitted to the Bar in 1988. A past president of the Georgia Trial Lawyers Association, she moves into her new role with the State Bar having served on the Board of Governors and the Executive Committee.
###
The State Bar of Georgia, with offices in Atlanta, Savannah and Tifton, was established in 1964 by Georgia’s Supreme Court as the successor to the voluntary Georgia Bar Association, founded in 1884. All lawyers licensed to practice in Georgia belong to the State Bar. Its more than 41,000 members work together to strengthen the constitutional promise of justice for all, promote principles of duty and public service among Georgia’s lawyers, and administer a strict code of legal ethics.

Friday, May 14, 2010
Incumbent unseated in State Bar election
It was the first time in memory that an office holder was challenged
By Janet L. Conley, Associate Editor

In an unprecedented move for a State Bar of Georgia election, Robin Frazer Clark has unseated incumbent C. Wilson DuBose for the job of secretary.

The bar, which released election results this week, reported that Clark, a personal injury lawyer who runs her own firm, garnered 3,552 votes to DuBose's 3,015. DuBose is a litigator focusing primarily on business and construction law with DuBose, Massey, Bair & Evans in Madison, Ga.

Clifton A. Brashier Jr., the bar's executive director, said this is the first challenge to an incumbent officer he can recall in the bar's history. Incumbents are not identified as such on the ballot members use to vote.

Brashier also said that Clark is only the second woman, not including those in the Younger Lawyers Division, to become a bar officer. The first was Linda A. Klein, now with Baker, Donelson, Bearman, Caldwell & Berkowitz, who served as bar president in 1998.

A contested race for the open treasurer's post went to Charles L. "Buck" Ruffin of Baker Donelson in Macon, with 3,536 votes. His opponent, Nancy J. Whaley of Sandy Springs, a standing Chapter 13 trustee, garnered 3,120 votes.

A hotly contested Board of Governors seat for the Atlanta Circuit, Post 16—which had 13 contenders—went to Dawn M. Jones of King & Spalding.

Kenneth L. Shigley of Chambers, Aholt & Rickard was elected president-elect without opposition. The current president-elect, S. Lester Tate III of Akin & Tate in Cartersville, and the rest of the officers and Board of Governors members will move into their new posts at the bar's annual meeting June 18 and 19 at Amelia Island, Fla.

For full election results, visit http://www.gabar.org/news/election_results_2010_state_bar_of_georgia_election/.

In running against an incumbent, Clark not only made bar history, she also sped up the usual process by which lawyers rise to an officer's post. Typically, lawyers serve on the bar's Board of Governors for a number of years before moving to the Executive Committee for several years and then to an officer's post. Clark has served on the Board of Governors, but spent only a year on the Executive Committee prior to running for office. The secretary's post is viewed as being a feeder position for bar presidency.

As DuBose put it, "All these officer positions are simply training positions for people who have a desire to become state bar president. Very few people go out for these positions simply to have these positions be the final destination."

DuBose said he was disappointed at losing the secretary's post, and that he was unsure why he lost.

"Georgia Trial Lawyers Association members probably came out in big numbers," he said. "They always do a good job getting out the vote."

Clark is a past president of GTLA. Her husband, Bill Clark, is political director for the Georgia Trial Lawyers Association and lobbies for the group.

Robin Clark said she believes she won because she traveled the state, campaigning for the post. "I shook literally thousands of lawyers' hands, and people appreciate that, even in a state bar race."

Clark said she took the unusual move of challenging an incumbent because "I felt like we needed to improve relations with the Georgia Legislature immediately. We couldn't wait around for that and I feel like I can deliver that for the state bar. … I have great relationships with a lot of legislators. I have their respect and the state bar needs that."

Clark said she wasn't sure what caused the bar's less-than-ideal relationship with the Legislature.

"The two things that are typically cited by legislators are the … Public Defender Standards Council and the way some folks have gone about trying to promote that or push that, and then the second thing that's typically cited … is the advisory opinion… that basically said if there's a conflict in a public defender's office—which happens all the time—then two public defenders from the same circuit cannot represent the co-defendants in the same case."

That opinion has generated controversy because of concerns over the cost of hiring outside conflict defenders. (An amendment to the Georgia code addressing this problem passed both the House and Senate and is awaiting Gov. Sonny Perdue's signature; see At Issue, page 4, for an opinion piece on this subject.)

DuBose chaired the Public Defender Standards Council from 2007 until

2009, and had previously served as its

vice chairman and as a member of the Supreme Court Commission on Indigent Defense.

"There are many in the bar who believe that its work on indigent defense—which has actually been the work of a few dedicated people like Wilson DuBose—has hurt its relationship with the Legislature," Stephen B. Bright, president and senior counsel at the Southern Center for Human Rights, said in an e-mail message. "Wilson ... learned a great deal about indigent defense and realized that Georgia was falling far short of its constitutional obligation to provide counsel to poor people accused of crimes. ... Now he has been rewarded for his selfless work for a fairer, better criminal justice system by being voted out of office so that the bar can distance itself from indigent defense. This is immensely disappointing."

Clark said she did not see her win as a signal that bar members want the bar to change its approach to indigent defense. "Many members voted for me simply because I got out there and hustled," she said, adding that others chose her because she is a woman, and many know about her relationship with state legislators, honed through her work with GTLA.

The bar needs a good relationship with the Legislature in part to encourage more lawyers to become legislators—there are only 37 now, she said. Incentives such as provisions to ensure that lawyer-legislators can't be called to trial if they're serving at committee meetings, which occur year-round, would be helpful, she said.

Associate Editor Janet L. Conley can be reached at jconley@alm.com

I am honored and humbled to have won the election and to be the next Secretary of the State Bar of Georgia. Thank you to all of you for your support and encouragement. I couldn't have done it without you. I am looking forward to serving you and to moving the State Bar forward.

Thanks for your votes, thanks for your asking your colleagues for their votes, thanks for your continued encouragement and and thanks for your moral support throughout what was a time and energy intensive statewide campaign. As Secretary I will work to protect the interests of the Everyday Georgian, keep the judiciary independent and preserve the Georgia Civil Justice System. I look forward to serving you this upcoming Bar year and please do not hestitate to call me or email me to share any ideas, suggestions or concerns you have about the Bar.

Thanks again. And take it from a trial lawyer: A rising tide lifts all boats!

April 30, 2010

Dear Friends:

First, let me thank you for the hundreds of telephone calls, emails, texts and well wishes you have sent my way to let me know you have already voted for me and that you support me in the race for Secretary of the State Bar. Remember, voting continues through May 3, so if you haven’t voted already there is still time. Campaigning throughout the State of Georgia and shaking literally thousands of hands and meeting thousands of my fellow Bar members has been an extremely rewarding experience for me and I’ll never forget it. Many of you who know me know my motto is “A Rising Tide Lifts All Boats.” This journey has certainly been one of “rising tides” and has made me even prouder to be a Georgia lawyer.

Sharing ideas and the vision with you of building a better Bar has been motivational. I am deeply honored that 32 of the 37 Lawyer-Legislators of the Georgia General Assembly, including the Speaker of the House, the Chairman of the House Civil Judiciary Committee, the Chairman of the House Non-Civil Judiciary Committee, the House Majority Whip and the House Minority Leader, endorsed my candidacy. These are Legislators from both sides of the aisle, who deal with both civil and non-civil issues, who, in their words, know me as an “effective advocate who brings much-needed credibility to discussions under the Gold Dome.” I have their respect, which is absolutely necessary if the State Bar is going to have a seat at the table when the Georgia Legislature is considering legislation that affects our clients and our profession. I will use that respect and standing on behalf of the State Bar if elected Secretary.

The State Bar is bigger than just a single issue. This race is about true leadership. We need our officers of the State Bar to have that skill and diplomacy necessary, with friends and detractors alike, so that we can have an effective voice. We need a leader who is a new face of the State Bar, who inspires and encourages, who motivates and excites, energizes and galvanizes our membership to build the Bar we all want. I respectfully submit I am that leader and humbly ask for your vote for Secretary.

Blessings,

Robin Frazer Clark

Dear Friends:

First, let me thank you for the hundreds of telephone calls, emails, texts and well wishes you have sent my way to let me know you have already voted for me and that you support me in the race for Secretary of the State Bar. Remember, voting continues through May 3, so if you haven’t voted already there is still time. Campaigning throughout the State of Georgia and shaking literally thousands of hands and meeting thousands of my fellow Bar members has been an extremely rewarding experience for me and I’ll never forget it. Many of you who know me know my motto is “A Rising Tide Lifts All Boats.” This journey has certainly been one of “rising tides” and has made me even prouder to be a Georgia lawyer.

Sharing ideas and the vision with you of building a better Bar has been motivational. I am deeply honored that 32 of the 37 Lawyer-Legislators of the Georgia General Assembly, including the Speaker of the House, the Chairman of the House Civil Judiciary Committee, the Chairman of the House Non-Civil Judiciary Committee, the House Majority Whip and the House Minority Leader, endorsed my candidacy. These are Legislators from both sides of the aisle, who deal with both civil and non-civil issues, who, in their words, know me as an “effective advocate who brings much-needed credibility to discussions under the Gold Dome.” I have their respect, which is absolutely necessary if the State Bar is going to have a seat at the table when the Georgia Legislature is considering legislation that affects our clients and our profession. I will use that respect and standing on behalf of the State Bar if elected Secretary.

The State Bar is bigger than just a single issue. This race is about true leadership. We need our officers of the State Bar to have that skill and diplomacy necessary, with friends and detractors alike, so that we can have an effective voice. We need a leader who is a new face of the State Bar, who inspires and encourages, who motivates and excites, energizes and galvanizes our membership to build the Bar we all want. I respectfully submit I am that leader and humbly ask for your vote for Secretary.

Blessings,

Robin Frazer Clark

Dear Friends:

I have traveled the four corners of the State of Georgia during this campaign for Secretary of the State Bar of Georgia, from Bartow County to Dougherty County, from the Blue Ridge Circuit to the Stone Mountain Circuit, and from Macon to Savannah, I have grown ever more proud of our honorable profession and what you do to help the citizens of Georgia every day. I have attended over 30 bar association meetings and events and have shaken the hands
of literally thousands of you in an effort to get to know you, to learn more about your practices and to understand your concerns about the State Bar of Georgia. In fact, you may view many photographs from those campaign stops at my Facebook Group “Lawyers for Robin Frazer Clark for Secretary of the State Bar of Georgia” at
http://www.facebook.com/group.php?gid=238106519911. At all of these events I have welcomed your thoughts and suggestions for building a better Bar. You may always contact me at robinclark@gatriallawyers.net.

As I have come to your communities to meet with you, we have talked candidly about how the State Bar is
perceived by both the public and the Georgia Legislature and the various challenges facing the Bar. I bring to the table for your benefit strong, trusted relationships with many Georgia Legislators-relationships that I have developed while advocating for - and against - numerous pieces of legislation affecting the lives of Georgia citizens. 32 of the 37
Lawyer-Legislators in our General Assembly have endorsed my candidacy for State Bar Secretary because they know how important it is for the State Bar to work with the Legislature from a position of trust and respect; otherwise, our goals of maintaining an independent judiciary, a unified Bar and respect for our profession will be fruitless. The State
Bar of Georgia needs a seat at the table when the Georgia General Assembly undertakes actions that affect our beloved profession. While I certainly have not always agreed with the actions of our Legislature - far from it - I have earned their respect and, if elected to be your State Bar Secretary, I will have a seat at the table on your behalf.
This race is about leadership. If you want to see honors and awards I have received in my 22 years of practicing law in Georgia, I urge you to visit my website: http://www.gatriallawyers.net or my State Bar Webpage
http://gabar.org/news/2010_state_bar_of_georgia_election_information/clark/.

It is time for the next generation of leadership to step up to the plate and take our turn at bat. We have the talent. We have the commitment. We just need to exercise the judgment to know when to take a pitch in the dirt and when to swing with all our might - - always keeping our eye on the ball for the benefit of our clients and for the benefit of you, my fellow members of the Bar. I will strengthen the important relationships between the Bar and Bench and between the Bar and the Legislature. I will not let you down. I respectfully and earnestly ask for your vote to be your next Secretary of the State Bar of Georgia.

With the greatest respect,

Robin Frazer Clark

Robin Frazer Clark
LAW OFFICES OF ROBIN FRAZER CLARK, P.C.
PROMENADE II, SUITE 2323
1230 PEACHTREE STREET, NE
ATLANTA, GEORGIA 30309
PHONE 404.873.3700 FAX 404.876.2555 TOLL FREE 1.877.689.1893
robinclark@gatriallawyers.net www.gatriallawyers.net

ROBIN FRAZER CLARK
for
SECRETARY, STATE BAR OF GEORGIA

Vote April 2 - May 3

Join me on Facebook/Lawyers for Robin Frazer Clark for Secretary of Georgia State Bar
and Follow Me on Twitter/@robinfclark

Follow my blog at: http://www.atlantainjurylawyerblog.com/
and check my website: http://www.gatriallawyers.net/

email me at: robinclark@gatriallawyers.net

• Member, Executive Committee of State Bar of Georgia
• Member, Board of Governors, State Bar of Georgia
• Past Chairperson, Atlanta Bar Association Litigation Section
• Past President, Georgia Trial Lawyers Association
(only second woman president in GTLA’s history)
• Member, American Board of Trial Advocates (ABOTA)
• Member, Georgia Association of Women Lawyers (GAWL)
• Member, Board of Editors, The Verdict
• Sole Practitioner and Owner, Robin Frazer Clark, P.C.
• Member, American Association for Justice (AAJ)

Elect Robin Frazer Clark
Secretary, State Bar of Georgia
Promenade II, Suite 2323
1230 Peachtree Street, N.E.
Atlanta, Georgia 30309
Effective, Proven Leader
Respected Voice at The Capitol
Innovative, Energetic
Dedicated Lawyer for 22 years

Many of you know I am currently in a contested race for Secretary of the State Bar of Georgia. Thus far, I have attended 24 events to campaign for the race. It has been my pleasure touring the State of Georgia and meeting lawyers from the four corners of the state who have every variety of law practice imaginable. Today, I took out a day from campaigning and attended the State of the Judiciary Address delivered today by the Chief Justice of the Georgia Supreme Court, Carol Hunstein, who did an outstanding job. The Chief delivered the address before a Joint Session of the Georgia Senate and the Georgia House of Representatives. The remaining members of the Georgia Supreme Court were present as was the entire Georgia Court of Appeals. Very impressive pomp and circumstance, with the utmost of formalities. But most impressive was Chief Justice Hunstein's poise and substance of her speech. We all should be proud that Carol Hunstein is our Chief Justice.

I am proud to announce my candidacy for the office of Secretary of the State Bar of Georgia. This is an important election because it will determine the direction the State Bar takes in the next few years. I believe my experience working with the Georgia General Assembly as President of the Georgia Trial Lawyers Association, and in the years since then, will greatly help the State Bar's effectiveness with the Legislature, which I believe will be crucial in the coming years.

Below is my letter announcing that I am running for Secretary that I sent to the Executive Committee of the State Bar and to the Board of Governors:

Dear Friends:

After considerable thought and prayer, I have decided to run for Secretary of this great State Bar in 2010. I am running because I believe at this critical time when the State's budget is being drastically cut and threats are constantly being made against the Judicial Branch and our profession, the State Bar needs known and respected leadership representing it at the General Assembly. The gravity of the situation confronting us has caused me to cast comfort and comity aside and answer the call to service that many of our fellow Board of Governors members have asked me to answer.

Among the most essential attributes of a leader of the State Bar is the ability to put forward a “face of the Bar” that is both respected and trusted by the leadership of the Judiciary and the Legislature. This is especially true when some among the Legislature are anything but interested in meeting the needs of the Judiciary, of the legal profession or of those Georgians who are so dependent upon the ability of the judicial system to meet their needs. Simply put, as officers of the court, we owe it to our fellow members of the Bar, and to our respective clients, to elect in each of our leadership positions only those persons who have spent years building bridges with the Legislature and developing productive relationships with those among that branch of government who hold in their hands the fate of our profession and that of our fellow Georgians whom we are privileged to represent. I believe the State Bar needs and deserves a leader who is respected by members of the Legislature, who has a proven track record of working successfully with members from both sides of the aisle to find win-win solutions to very difficult problems. I believe the State Bar of Georgia deserves a leader who knows and understands when it is time to negotiate and when it is time to stand your ground. I believe the State Bar deserves a leader who knows the problems Everyday Georgians are facing daily. I am that person.

I humbly submit that I have the attributes and skills necessary to lead this Bar during this difficult time. I have developed over the years strong relationships with numerous State Senators and State Representatives that help me work from a position of trust and respect with them. This trust and respect will be crucial for the State Bar in the coming years as it must necessarily work with the Georgia General Assembly to protect funding for the Judicial Branch and for all of the programs promoted by the State Bar.

I ask for your support. I ask for your thoughts and suggestions. Also, I ask for your prayers as we go forward together through this election process. I expect this to be a contested race and I welcome a robust and frank discussion of the issues that our State Bar faces and of who should lead our State Bar. Finally, in May I will proudly ask for your vote and the vote of your colleagues for Secretary of the State Bar of Georgia.

Blessings,
Robin Frazer Clark

As a member of the Executive Committee of the State Bar of Georgia, I am proud that our Executive Committee makes a concerted effort to get outside of Atlanta and meet our fellow Georgia Bar members in the four corners of the state. Last week's meeting in Thomasville, Thomas County, Georgia is a prime example of this. We enjoyed lunch first with many members of the local Thomas County Bar , which is part of the Southern Judicial Circuit. We met at Pebble Hill Plantation in Thomasville, which is a lovely location. The President of the Thomas County Bar Association, Christopher Rodd, was our host for the evening and for the tour of the new Thomas County Courthouse, which is not yet open for business but will be a spectacular venue. It is always a treat for me to meet members of the State Bar from across the state, who, but for my involvement in the State Bar of Georgia, I would likely never have the opportunity to meet. The theme that keeps coming through in these meetings in varied locales is this: the lawyers who comprise the State Bar of Georgia are honorable, dedicated leaders of their communities, who care about justice being served, who care about the less fortunate and who care about the criminal and civil judicial systems in Georgia and the stewardship of those two sacred systems. It is my honor to meet and come to know these lawyers and to discuss the issues they face in their communities that are worlds apart from Atlanta.

Below is a letter from Bryan Cavan, President of the State Bar of Georgia, another honorable lawyer, regarding our wonderful meeting in Thomasville.

Letter to the Editor – November 19, 2009
Thomasville Times-Enterprise

State Bar commends Thomasville hospitality

To the Editor:

On behalf of the State Bar of Georgia, I wish to express sincere thanks to President Christopher Rodd and the members of the Thomas County Bar Association for serving as outstanding hosts for the State Bar’s Executive Committee meeting Nov. 12 at Pebble Hill Plantation in Thomasville.

Our Executive Committee meetings throughout the year are held in various locations around Georgia so that State Bar leaders have the opportunity to meet with and hear from local attorneys, judges, legislators and other community leaders. Thanks to the warm hospitality of the local bar association and the people of Thomas County, we enjoyed an exceptional meeting in your community.

All Georgia lawyers can be proud of our colleagues in the Thomas County Bar Association for their tireless dedication toward upholding the constitutional promise of justice for all.

Sincerely,

Bryan M. Cavan
President

FOR IMMEDIATE RELEASE CONTACT: Sarah I. Coole
June 20, 2009 Director of Communications
404-527-8700; 800-334-6865

Robin Frazer Clark Elected to Executive Committee of State Bar of Georgia

Atlanta – Robin Frazer Clark of Atlanta was elected to serve on the Executive Committee of the 40,000-member State Bar of Georgia on June 20 during the organization’s annual meeting at Amelia Island, Fla.
Clark is a graduate of Vanderbilt University and the Emory University School of Law. She is represents the Atlanta Judicial Circuit on the State Bar’s Board of Governors and is also past president of the Georgia Trial Lawyers Association.
The Board of Governors of the State Bar elects six of its members to serve on the Executive Committee with the organization’s officers. The Executive Committee meets monthly and exercises the power of the Board of Governors when the board is not in session.
###
The State Bar of Georgia, with offices in Atlanta, Savannah and Tifton, was established in 1964 by Georgia’s Supreme Court as the successor to the voluntary Georgia Bar Association, founded in 1884. All lawyers licensed to practice in Georgia belong to the State Bar. Its more than 40,000 members work together to strengthen the constitutional promise of justice for all, promote principles of duty and public service among Georgia’s lawyers, and administer a strict code of legal ethics.

I am extremely happy to announce I was elected to the Georgia State Bar Executive Committee on Saturday, June 19 during the Annual Meeting of the State Bar at Amelia Island Plantation, Florida. The State Bar of Georgia is comprised of approximately 40,000 lawyers. The Board of Governors, on which I have served since 2002, consists of 150 of those lawyers who have been elected by their respective constituents to represent them on bar matters. The Executive Committee of the Georgia State Bar is comprised of 14 State Bar members also elected by the lawyers of the State of Georgia. So it is an absolute honor to have been chosen by my peers and colleagues to represent them on the Georgia State Bar Executive Committee. I look forward to serving and to continung to protect the rights of Georgia citizens by keeping our precious Georgia Civil Justice System's promise of Justice For All.

Below is a short press release issued by the President of Georgia Trial Lawyers Association about my election to the Executive Committee:

Friends:

Former GTLA president Robin Clark was elected to the State Bar Executive Committee on Saturday. Congratulations to Robin. Already on the Executive Committee are GTLA members Lester Tate, serving as President Elect and Ken Shigley, serving as Treasurer. All three individuals are great voices at the State Bar for issues of concern to GTLA members.

We all owe them a great thanks for their willingness to serve on the State Bar Executive Committee and for their great support of issues important to GTLA.

GTLA remains ever vigilant that broad coalitions are needed to protect access to a proper Civil Justice System for the citizens of this State.

Chris Clark, President
Georgia Trial Lawyers Association

O'Neal, Brown & Clark, P.C.
1001 American Federal Building
544 Mulberry Street
Macon, Georgia 31201-2774
Phone: 478-742-8981
Fax: 478-743-5035
E-mail: clark@obclawfirm.com
website: www.obclawfirm.com

As you may know, I am a member of the State Bar of Georgia's Board of Governors, the governing body over Georgia's 38,000 lawyers. We, the Board of Governors, recently held our Mid-Year meeting here in Atlanta, and one item on our agenda was the GREAT Plan, HR 900, the new tax plan being proposed by the Speaker of the House, Glenn Richardson, a Republican State Representative from Paulding County. The Georgia Board of Governors voted to express our concern with and opposition to the GREAT plan, as it applies to the taxation of legal services. Because the Speaker has now exempted business-to-business transactions from the
plan's tax scheme, that means only individual Georgia citizens, not corporations, would have to pay the tax on legal services. Corporations get a free pass, while Georgia would be trying to raise revenue on the backs of individual Georgia citizens, those who can least afford it. How could this possibly comport with the constitutional guarantee of equal protection of the laws? It can't, but that has often before never been much of an impediment to the Georgia General Assembly's passage of laws, as evidenced by 2005's SB3, the so-called "tort reform" bill. Much of SB3 has now been held to be unconstitutional by the Supreme Court of Georgia, and it is only a matter of time before the remaining provisions are also ruled unconstitutional. In the meantime, though, many deserving Georgia citizens have been robbed of justice because of SB3.
I am proud of the action taken by the Georgia Board of Governors expressing opposition to the proposed tax scheme. If there is anyone who will stand up for the individual Georgia citizen, it is the honorable lawyers of the State Bar of Georgia.

Thanks go out to Jay Cook, Immediate Past President of the State Bar of Georgia, for calling a spade a spade when it comes to the complete abdication of responsibility by Corporate America. President Cook's op-ed piece in the Atlanta Journal and Constitution today tells the truth:American Corporations routinely put profits over people, including Georgia citizens, every day. For example, the Wall Street Journal reported that Mattel, which has recalled more than 20 million dangerous toys this summer alone, has delayed reporting product defects because it finds the reporting rules "unreasonable." According to The New York Times, the Consumer Product Safety Commission has fined Mattel twice for such delays since 2001. I would venture a guess that many American parents find it "unreasonable" for a company to sell toys containing lead in them, too.

And that's just one example out of thousands. Corporate America wants to make millions of dollars on the backs of hard-working Everyday Americans and Everyday Georgians, but also wants a "get out of jail free" card when caught red-handed endangering the public. It has been shown time after the time the only institution that can possibly hold Corporate America responsible is the American Civil Justice System. The Seventh Amendment guarantee to a trial by jury in the United States Constitution is the mechanism by which Everyday Americans can still obtain just a little bit of justice for the abuse heaped on them by Corporate America. Justice for All: It's a Beautiful Thing.

I attended the 2007 State Bar of Georgia Annual Meeting in Ponte Vedra, Florida last week as a Member of the Board of Governors, Post 36 Atlanta, Georgia. I am happy to report good news for the elections to the Executive Committee of the Georgia State Bar, as the Board of Governors duly elected fellow blogger Ken Shigley from Atlanta, Georgia and fellow Georgia Trial Lawyers Association (GTLA) member Thomas Stubbs from Decatur, Georgia as Members at Large to the Executive Committee. Both of these outstanding lawyers will serve the Georgia Bar well. They, like I, represent plaintiffs in a vast array of personal injury cases and are always fighting for justice for the underdog in the system. Ken, Thomas and I all share the same beliefs in the inherent value of the Georgia Civil Justice System and we will continue to support it and fight to maintain an independent judiciary, something all Americans agree sets our Nation apart from others. There has been an assault on the independence of the judiciary in last year's Georgia Supreme Court election and I am proud to say that the Georgia lawyers who believe in the integrity of our Civil Justice System fought it off and helped preserve an independent judiciary in Georgia that is not controlled by special political interests. We should all be proud of that. Justice Carol Hunstein, whose seat on the Supreme Court of Georgia was the target of this politicized assault, was awarded the Tradition of Excellence Award in the Judicial Category by the General Practice and Trial Section. Fellow GTLA member Paul Kilpatrick from Columbus, Georgia, was awarded the Tradition of Excellence Award in the Plaintiffs' Counsel Category and they both gave inspirational acceptance speeches that emphasized the importance of an independent, non-politicized judiciary.

Much of the credit goes to Immediate Past President Jay Cook, as he led the charge to preserve Georgia's tradition of an independent judiciary. We can expect our new Georgia Bar President, Gerald Edenfield, from Statesboro, Georgia, to follow in Jay Cook's footsteps on this very important issue.

Additionally, GTLA members Jeff Bramlett and Lester Tate were elected President Elect and Treasurer respectfully, so I can honestly and happily say the State Bar of Georgia is in good hands for years to come. These gentlemen champion the rights of the everyday Georgia citizens, not mammouth corporations or insurance companies.

The Annual Georgia State Bar Meeting is important to attend for many reasons, including legal education, fellowship and doing the Bar's work, but attending also reinvigorates us for the heavy fight to preserve the Civil Justice System of Georgia at all costs, because there are those out there, who I would refer to as "The Dismantlers" who would "dismantle" or undo the Civil Justice System and eliminate corporate responsibility for wrongdoing altogether. I pledge to every Georgia citizen I will do my utmost never to allow that to happen.

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