Articles Posted in Professionalism

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Last night at the Lawyers Club of Atlanta dinner, I had the distinct honor to raise a “wee deoch and doris” in memory of dear friend and Lawyers Club Past President, J.D. Humphries. He died on January 3, 2026 at the age of 81.  We were in shock at the news of his passing. At his funeral, we were told that J.D. had written his own obituary.   It starts like this: “J.D. (James Donald) struck his tent, died and passed over the river to rest under the shade of the trees on January 3, 2026. He was born September 27, 1944.” Although J.D. and I had been close friends for many years, his funeral was the first time I learned we shared a birthday. He never missed a Lawyers Club meeting, or a Lawyers Club Golf Tournament, or a Lawyers Club Past Presidents Dinner. He often traveled to England and Scotland to play golf with his buddies.  He was an incredible person.

In his obituary, J.D. said this: “In lieu of flowers or contributions to charities, he wishes his friends to have “A Wee Deoch An’ Doris” until he meets them again.” And I said to myself, “OK, J.D., what the heck is a “Wee Deoch An’ Doris?”  So I did some searching, and found a Scottish song by Harry Lauder from 1912. Here are the lyrics:

There’s a good old Scottish custom

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I am sitting here in my office at my desk watching the Georgia Supreme Court oral arguments today, October 21, 2025, on my computer. I am able to do this because the Georgia Supreme Court televises live all of its oral arguments, even when it travels around the State of Georgia for special oral arguments. You and anyone in the world can watch oral arguments by going to the Georgia Supreme Court’s website and simply clicking LIVE Oral Arguments. It’s that easy and that simple.  And that’s exactly as it should be.

The live feed of the Georgia Supreme Court focuses on each speaker, whether it is the attorney or the Justice and identifies each Justice as they ask questions. In this way, the public knows which Justice is speaking, and can see for itself how seriously the Court takes every matter before it. And how seriously every lawyer takes being before the Court. If any citizen of Georgia ever had any doubt about how the Georgia Supreme Court operates and how seriously it takes its oath to do Justice and uphold the Georgia Constitution, watching oral arguments would quickly alleviate that doubt. The Georgia Supreme Court’s live televised oral arguments allows every Georgia citizen (and really anyone in the world who is watching) to have complete confidence in our Georgia Justice System and in the degree of due process given to everyone before the Court. Any citizen can also go in person to the Georgia Supreme Court to watch oral arguments. The Court is open to the public for good reason. All of this engenders confidence in our legal system and the Rule of Law.

Now let’s turn to the United States Supreme Court, which, in my opinion, operates in the dark, just the opposite of the Georgia Supreme Court. The United States Supreme Court does NOT televise their oral arguments live, and does NOT have an open courtroom, and this leads to doubt about what it is doing, lack of confidence in its rulings and lack of respect of the Court by the general public.  With the Court’s recent unprecedented uptick in the use of its so-called “emergency docket,” nicknamed “the Shadow Docket,” it goes further down in public opinion and confidence.

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Who Will Be Democracy’s Heroes? Who Will Save the Rule of Law? Trial Judges? Lawyers? Citizens?

We are in a Constitutional Crisis. The current Administration has no respect for the Rule of Law and takes actions on a daily basis that are specifically directed to undermine our American Democracy. Even the Attorney General, Pam Bondi, a lawyer, who once upon a time (supposedly) swore to uphold the Constitution, engages in absolute lawlessness, blatantly ignoring Court Orders,  which is not only undermining our Democracy but is eroding it daily. As a lawyer who took the same oath, what I am seeing on a daily basis is disheartening, frightening, shocking and scary. Every day I ask: What can we do to stop it?  I also have found myself asking: Who will be the Heroes?  Who will be the Heroes of Democracy who will, in the end, be the ones who can honestly say their actions saved our Country?  Will it be the judges?  Will it be lawyers?  Will it be ordinary citizens?

Trial Judges-

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I was so proud to nominate my client, Jerrod Heath, for the GTLA 2025 Courageous Pursuit of Justice Award and so overjoyed when it was announced he had won! Out of the many deserving people who courageously pursue Justice on behalf of their loved ones here in Georgia, it was an honor of a lifetime for Jerrod (rightfully) to receive this award.  Here is a little bit more about this award:

GTLA COURAGEOUS PURSUIT OF JUSTICE AWARD (aka Nestlehutt Award)

GTLA presents this award to the client of a GTLA member during the Annual Convention each year. Our goal is to recognize a client whose pursuit of justice helped the greater good. It’s not about the size of the verdict, or even a victory. It’s about courage the client showed against great odds and powerful opponents.

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I had the distinct honor of being inducted into the International Academy of Trial Lawyers a couple of weeks ago at the Mid-Year Meeting in Vancouver, British Columbia. It was spectacular! There is no question that this is one of the biggest honors of my 38 year career (so far) of practicing law. But when I was introduced, only 3 minutes was permitted and, unfortunately, the things I am most proud of never got mentioned. So I wanted to share with you the things I am most proud of:

1. I obtained a Presidential Pardon from President Barack Obama for a client who had served in the  U.S. Army and was tried and convicted of being gay in the military, when it was illegal to serve in the military if you were gay. He served 2 1/2 years in Ft. Leavenworth Military Prison.  The conviction prevented my client from being able to obtain a mortgage, get a car loan, obtain employment, etc.  I worked pro bono for 6 years for him and finally received a full pardon on January 17, 2020, just three days before President Obama officially left office.
2. I opposed a ballot initiative to amend the Georgia Constitution to include: “This state shall recognize as marriage only the union of man and woman. Marriages between persons of the same sex are prohibited in this state.” I represented St. Mark United Methodist Church, a predominantly gay congregation, in the litigation against the Governor of Georgia, O’Kelley v. Perdue, 2004CV93494, 2006 WL 1350171, at *1 (Ga. Super. May 16, 2006), rev’d, 280 Ga. 732, 632 S.E.2d 110 (2006).  The St. Mark Congregation adamantly opposed this discriminatory language. Our efforts were ultimately vindicated with Obergefell v. Hodges in 2015.

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Robin Frazer Clark Inducted as Fellow of International Academy of Trial Lawyers

Robin Frazer Clark was inducted as a Fellow into the International Academy of Trial Lawyers at the organization’s 2025 Mid-Year Meeting in Vancouver, British Columbia, July 23-27.

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Like you, I am fed up with the constant lawyer advertising on TV. It has gotten completely out of hand. The worst TV ads for lawyers are the ones that portray personal injury litigation as a “game.” One such ad even has a person who is presumably someone who has been injured and in need of a plaintiff’s personal injury lawyer playing a carnival rubber ducky game against the crooked carnival guy who is presumably the insurance carrier.  It depicts having a personal injury claim is like picking the right rubber ducky at the carnival. It is so wrong, so insulting and so demeaning. As is another Lawyer TV Advertiser who depicts the value of a personal injury game like asking for more sprinkles on ice cream, and simply by demand “more, more, more” and hiring this TV advertiser, you’ll get “more” in a personal injury settlement. So offensive and so outrageously wrong and naive. As a personal injury trial lawyer who has devoted my life to the Rule of Law and to obtaining Justice for loved ones who have been injured or killed, as a Past President of the State Bar of Georgia and as a Past President of the Georgia Trial Lawyers Association, I’m sick of it.

Personal injury litigation is NOT A GAME!

And trials are not rigged.

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I was very happy to hear that President Biden has decided to right historical wrongs by pardoning any U.S. veterans who were convicted for being gay while serving in our U.S. Armed Forces.  It is well past time for our country to acknowledge this wrong and the damage it did to so many gay veterans. As President Biden stated: “Today, I am righting an historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves,” Biden said in a statement. “We have a sacred obligation to all of our service members –- including our brave LGBTQI+ service members: to properly prepare and equip them when they are sent into harm’s way, and to care for them and their families when they return home. Today we are making progress in that pursuit.”  About time, is all I can say.

I find this very interesting given my experience in securing a Presidential Pardon for a client who had been convicted of having a homosexual relationship while he was serving as an Officer in the U.S. Army. He served a year and a half in Ft. Leavenworth Prison for being gay. I worked for this client for 6 years pro bono, partly because my innate sense of Justice drove me to do so, partly because I have been fighting for equality for gay people for the last 40 years or so, and partly because I could not let this injustice to this client go on and be able to look my two children in the eyes. Both of my kids, who were in college at the time, could not believe that our Government, with its vasts resources, would use those resources to prosecute and convict a U.S. Veteran of simply being who he was. It was simply unfathomable to them and to me. But it really happened. So I set out on a 6 year journey and struggle to obtain a Presidential Pardon for him. Since being gay in the U.S. Army was a Federal offense, only a Presidential Pardon would do. He had been  convicted on July 17, 1989, which means he endured 28 years of having the conviction and a dishonorable discharge on his record. This resulted in his being unable to obtain a home mortgage, being limited in potential jobs he would be hired for, being unable to vote, just as some examples of the impact on his life this had.

I will never forget that telephone call on January 17, 2017 from the Department of Justice Pardon Attorney, informing me that President Obama would be granting my client a pardon. What an unbelievable moment! Probably my greatest achievement as a lawyer. And then to call my client and hear his elation on the phone was an incredible moment.

Robert Benham and his 1984 appointment with Georgia history
On Thursday, Feb. 8, Georgia Tech’s Ivan Allen Jr. Prize for Social Courage will be presented to Retired Justice Robert Benham.  There is not a more worthy recipient. I have admired Justice Benham for my entire legal career, spanning 35 years now. I highly recommend you listen to an interview of Justice Benham by University of Georgia Professor Paul Kurtz on Youtube. It is fascinating.

Back in 2013, when I was President of the State Bar of Georgia, I had the distinct honor of giving remarks at the 14th Annual Justice Robert Benham Awards for Community Service.  That’s right. The State Bar of Georgia Community Service Awards are aptly named in honor of Justice Benham. In light of Georgia Tech’s wonderful announcement that he will be receiving its Ivan Allen Jr. Prize for Social Courage, I wanted to share again my remarks from that special day in 2013.

 Remarks of President Robin Frazer Clark at the 2013 Justice Robert Benham Community Service Awards                                                                                         

Awards
American Association for Justice Badge
Georgia Trend Legal Elite Badge
State Bar of Georgia Badge
Georgia Trial Lawyers Association Badge
ABOTA Badge
LCA Badge
Top 50 Women attorneys in Georgia Badge
Super Lawyers Badge
Civil Justice Badge
International Society of Barristers Badge
Top 25 National Women Trial Lawyers Badge
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