Articles Posted in State Bar of Georgia

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We are about to reach the 100 day milestone of the current POTUS, and with that come many criticisms and many “attaboys.”  It’s all in the eye of the beholder. This POTUS is the first in a string NOT to be a lawyer.  When you think about that, the fact that he is not a lawyer, nor has he ever served in any public service role, means he has had no formal training in the Constitution nor in either drafting, interpreting or applying legislation. These are things that lawyers do every day, day in and day out. That is pretty obvious. What may not be at the forefront of your mind when thinking about lawyers is the professionalism displayed by lawyers every day.  Not only must lawyers as professionals in the practice of law abide by certain formal ethical rules and rules of professionalism, they must also insure they practice with a certain courtesy and respect for their opponents and for the judicial system that other people, say, real estate tycoons, for example, do not.  So as we approach that 100 day marker for the POTUS, I have been thinking of a few things that POTUS, a non-lawyer, so far has failed to demonstrate consistently in the last 100 days and what he could learn from lawyers…things I think would naturally serve him, his administration and most importantly, the people of the United States, well.

  1.  Be Impeccable With Your Word.  A lawyer’s ability to advocate successfully for his or her client is only as good as his or her credibility, and credibility directly flows from being able to count on what a lawyer says as being true.  No half-truths, no hedging the truth, no embellishment to make your facts seem just a little bit better than they really are.  A lawyer must always tell the truth in all dealings or risk  complete  ineffectiveness, or worse, a client’s, or an opposing counsel’s, or a judge’s (gasp!) not being able to believe what the lawyer is telling them. Once that happens, all is lost. You may have heard this referred to as “your word is your bond.” The Cambridge Dictionary defines this as “If someone’s word is their bond, they always keep a promise.”  Nothing is truer for a lawyer.  Lawyers even have a duty of candor to the court to inform the court of case law or precedent that goes against their client’s position in court.  Can you imagine a salesperson having to tell a customer that he could actually sell a car to you for less than what you, the customer, is willing to pay for it? Of course not, but lawyers are required to act with that much candor and honestly at all times before the Court.  The ideals of professionalism in the practice of law are aimed at ensuring our profession 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.  “A Lawyer’s Creed,” developed by the Chief Justice’s Commission on Professionalism (the Commission),  states it as thus:  “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. ” 
  2. Never Take Anything Personally.  I think this is good advice for everyone, but especially lawyers must behave like this and are expected to do so.  Trial lawyers must always do their jobs in an adversarial situation. By definition, there will also be another lawyer representing the opposing party in a lawsuit trying his or her level best to prevent you from succeeding. Think how hard this is!  If we were talking about the profession of medicine and using surgery as our analogy, no other surgeon comes into an operating room to try to prevent the operating surgeon from performing the surgery successfully! No other doctor comes in and tries to kill your patient! But that is precisely what occurs in the practice of law. Every time I represent a client there is an opposing counsel trying to prevent me from succeeding. It’s pretty stressful, but would be even worse if the lawyer takes his opposing counsel’s efforts personally.  The opposing counsel is just trying to do his job well, too. That’s all. And The Lawyer’s Creed requires lawyers to promise this to opposing counsel:  “To my colleagues in the practice of law, I offer concern for your welfare. I will strive to make our association a professional friendship.”  We also are required to make this promise: “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 pettiness and “unsportsmanlike conduct” have no place in the legal profession.   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.”

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Judge Horace Ward. Photo by John Disney/Daily Report.

Judge Horace Ward. Photo by John Disney/Daily Report.

I have just learned that Judge Horace Ward has died. He was a true Civil Rights Legend. There will never be another Horace Ward. We owe him a debt of gratitude for all he endured and accomplished. He truly left the world a better place.  In his memory, I am reprinting below my letter to the Editors of the Daily Report and the Atlanta Daily World written on the occasion of his retirement in 2012. God bless Judge Ward.

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Lawyers Club of Atlanta
Newsletter – May 2015
 
From the President

The Bridge Builder

An old man going a lone highway

Came in the evening, cold and gray,

To a chasm vast, both deep and wide.

The old man crossed in the twilight dim;

The swollen stream was as naught to him;

But he stopped when safe on the farther side

And built a bridge to span the tide.

“Old man,” said a fellow pilgrim near,

“You are wasting your strength in labor here;

Your journey will end with the closing day,

You never again will pass this way.

You’ve crossed the chasm deep and wide

Why build you this bridge at eventide?”

The laborer lifted his old gray head,

“Good friend, in the path I have come,” he

said, “There followeth after me today

A youth whose feet must pass this way.

This chasm which has been naught to me

To that young man may a pitfall be.

He, too, must cross in the twilight dim.

Good friend, I am building this bridge for him.”

– Will Allen Dromgoole

 

Greetings, Friends!

When Past President Edward Krugman handed me the Lawyers Club of Atlanta gavel last May, I told you then I had some pretty big shoes to fill. And that is where I find my thoughts now as I pen my last President’s Message as your President…contemplating the shoes of others I have stood in during the last 27 years of practicing law.

I am here standing in the shoes of so many other lawyers who led and cleared the path for me and for you. As we gather in May to honor our 50-year members, which has always been one of my favorite meetings, it is appropriate that we consider those who blazed the trail before us, branch by branch, so that our path might be just a bit smoother. Here are just a few examples of Georgia Trailblazers, in whose shoes I have stood the last 27 years:

Chief Justice Carol Hunstein-1st woman Chief Justice of the Georgia Supreme Court. Justice Hunstein contracted polio when she was two, survived her first bout of bone cancer at age four, lost her mother at age 11, married at 17, became a mother at 19, and a single mother by age 22. That same year, Justice Hunstein lost a leg to cancer and was told by doctors she had only a year to live. But that didn’t stop her from getting her law degree. 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, Justice Hunstein 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: When she 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 percent of all lawyers in the nation. The downtown law firms came to the Emory campus for employment interviews with the male students, but would not interview the women students at all. 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.”

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 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 a moment of 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.

Judge Clarence Seeliger– Judge Seeliger 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. 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.

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 Carol Hunstein, the next Clarence Seeliger or the next Anne Workman. Some very big shoes, indeed.

Please be sure to join us on Wednesday, May 20, as we honor our 50 year members who, also, have some pretty big shoes for us to fill. Come and celebrate 17 lives well lived and 17 legal paths blazed. Our 50-year members stand as beacons 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. In this example we should all take pride.

 

A Rising Tide Lifts All Boats,

Robin Frazer Clark,

President

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The last two Fridays I have spent speaking at Continuing Legal Education Seminars sponsored by the Institute of Continuing Education. My topic:  Ethics and Professionalism.  In preparing for both presentations, I couldn’t help but think about a dear departed friend who was the embodiment of Ethics and Professionalism, Judge Ed Carriere.  I recall as one of the highest honors of my year serving as President of the State Bar of Georgia the day I accompanied Chief Justice Carol Hunstein to Judge Carriere’s home and with his wife, Jane, present, Chief Justice Hunstein published the resolution below. It gave me goose bumps then and it does now in the remembering of it. I wish everyone could have known Judge Carriere. Certainly, everyone who did was changed for the better. I share with you the Joint Resolution honoring Judge Carriere. Georgia Seal The Supreme Court of Georgia

Whereas: The Honorable Edward E. Carriere, Jr. has rendered more than four decades of service to the justice system and the legal profession in the State of Georgia; and

Whereas: Judge Carriere earned his law degree at Loyola University in California and was admitted to the State Bar of Georgia in 1971; and

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The concept of an “Open Court” has been back in the news lately with the efforts of numerous groups to try to convince the United States Supreme Court to broadcast live the oral arguments on the marriage equality case coming up in April. I am a proponent of that. In this day and age of online streaming and immediate tweeting there is simply no good, legitimate reason not to allow all Americans live access to what is going on in the Country’s highest Court as it is happening. But the Justices on the U.S. Supreme Court, apparently, disagree. I understand that one objection to live broadcasting of arguments from Justice Kagen and Justice Sotomayor is they are afraid broadcasting arguments live might induce counsel before them to engage in theatrics and shenanigans. Folks, that is ridiculous. Utterly ridiculous.  The Georgia Supreme Court has been broadcasting oral arguments before it for years without even a hint of theatrics from the counsel who appear before them. Members of the State Bar of Georgia are required to use the utmost deference before any judge, but particularly the Supreme Court. All members of the Bar know the proper etiquette to employ before the Court. The Court doesn’t have to worry about anything unseemly happening.  And should there be any doubt about this whatsoever the Court is constantly manned by Georgia State Patrol Troopers. No one is going to do anything they shouldn’t do. This would be the same for the United States Supreme Court.  The Georgia Court of Appeals, unfortunately, does not, at the moment, permit cameras in their courtroom.  There is no explanation why other than perhaps a budgetary one. It is my understanding that when a new Judicial Building is built, in the footprint of the current Georgia Archives building, the Georgia Court of Appeals will then be equipped to allow live broadcast of oral arguments.  I hope that is sooner rather than later.

The United States Supreme Court may be feeling the heat. It typically makes audio recordings of oral hearings before it available at the end of the week. In the marriage equality case, the Court announced it would make the audio recording available the day after the hearing. In its most recent announcement on the subject, the Court has even moved that up and has indicated it will now make the audio recording of the argument available to the public that afternoon, the same day as the oral argument.  If this is true, ask yourself:  what is the difference between that and simply allowing all Americans to hear the argument in real time, in the privacy of their homes or at their work desks?  I can imagine “oral argument parties” where citizens host viewing parties complete with coffee and Krispy Kreme doughnuts (make mine a Java Chip, please), or maybe Mimosas and Bloody Marys, so that they may enjoy the arguments in the company of their friends who are of like mind.  After all, most things have richer meaning when they are shared experiences.

The push for transparency of the United States Supreme Court is nothing new…it has been going on for years.  Here is why it is so important.  Our nation was founded on the concept of self-government, that “We The People” decide how our government will behave and “We The People” will decide how to govern ourselves according to the Rule of the Law and the sacred Constitution, which men fought and died for so we could be a Free Nation. The United States Supreme Court is the final arbiter of the Law. It is the only body in our Nation that decides with finality whether something does not violate the U. S. Constitution.  Do men and women not respect something and hold onto its principles more when they have been involved in its making?  When they can see for themselves the fairness and equality used in its creation?  Lack of information breeds suspicion.  Secrecy creates mistrust.  With suspicion and mistrust comes their ugly cousin, contempt. Why would the United States Supreme Court wish to risk such a side effect of their rulings?  Why wouldn’t the Supreme Court want their opinions to be embraced by “We The People,” such that their opinions would have the stamp of  authority with the public they rightfully should? It could easily be accomplished simply by livestreaming their oral arguments.

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On December 20, 2013, we lost an icon of the State Bar of Georgia, our Executive Director of 23 years, Cliff Brashier. Yesterday, I had the distinct honor of delivering remarks at his Memorial Service held at the State Bar of Georgia Bar Center. Cliff was one of my dearest friends and represented the best that lawyers can be. I miss him dearly. Below are my remarks.

REMARKS AT THE MEMORIAL SERVICE OF CLIFF BRASHIER, STATE BAR OF GEORGIA BAR CENTER, JANUARY 8, 2014

Today I consider myself one of the luckiest persons on the face of the Earth. I do this because I was lucky enough to have formed a friendship with Cliff Brashier. Whatever sacrifices I had to make, both professional and personal, to serve as President of the State Bar of Georgia were more than worth it given that my service as President gave me the opportunity of a lifetime to work alongside Cliff Brashier.

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May 1st is traditionally known as “Law Day” in America, a day in which the rule of law is celebrated. It was officially designated “Law Day” by Congress in 1961. Law Day underscores how law and the legal profession contribute to the freedoms that all Americans share. Georgia lawyers have already been holding events around the State to celebrate Law Day 2013. The State Bar of Georgia recently hosted hundreds of school children at the State Bar Center to celebrate Law Day in a program called “Realizing the Dream: Equality for All!” Below are my remarks for this wonderful celebration.

Remarks of Robin Frazer Clark

Realizing the Dream: Equality for All!

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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.”

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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.

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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