COVID-19 Update: How We are Serving and Protecting Our Clients.

Articles Posted in State Bar of Georgia

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Having spent several days at home for the Holidays, I was struck (and not in a good way) about how many commercials there are on TV for personal injury lawyers. It is NON-stop. And the same goes for social media, where plaintiff’s lawyer after plaintiff’s lawyer is shown in a video bragging about themselves. It’s sickening, and I don’t think these commercial appearances enhance our reputation at all.  Just the opposite. So I thought I would take a moment to list a few things that a person like you who has recently been injured due to someone else’s negligence should consider before hiring one.

  1. How many cases has the lawyer actually tried for a plaintiff in front of a jury?  I have seen some young lawyers bragging online about their one awesome verdict, which begs the question: How many cases have they actually tried?  Have they tried only one case and it came out well for the plaintiff?  Potential clients should ask this question. In 32 years of practicing law, I have tried over 75 jury trials to verdict, some lasting 2-3 weeks. This is critical information. Hopefully, as a plaintiff, this is the only case you will ever have in your life. If it were surgery, would you want a doctor who had performed only one surgery before yours?  Or would you want one who had done  100 of them?
  2. Is the lawyer on TV even licensed to practice law in Georgia? I am constantly amazed by the fact that some of the TV advertising lawyers are not even licensed to practice law in the State of Georgia. This means they haven’t studied and worked with the laws of our state and they certainly haven’t tried a case in a state court of Georgia. You have a right to know this and you can easily find this out by going to the website of the State Bar of Georgia at https://www.gabar.org/.  On the home page there is a search box titled “Member Directory.”  This is a resource available to the public and you can put a lawyer’s name in it and see whether they have a Georgia law license. You can also see where the lawyer went to law school and see what year he or she graduated from law school, which tells you how much real world experience the lawyer has. It also tells you whether there is any “discipline” on record for that particular lawyer, which means whether that lawyer was ever found to have violated the ethical or professional rules of conduct. This is crucial information everyone should have before hiring a plaintiff’s personal injury lawyer.

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We received some sad news this Thanksgiving weekend about a dear friend.  Justice George Carley had died.

Many tributes are now coming in about Justice Carley. One, from Judge William Ray, (U.S.D.C.,Northern District of Georgia) touched me and let me know we had similar relationships with Justice Carley. The Georgia Supreme Court, from which he retired, also paid tribute to him and I urge you to watch it.  These tributes reminded me of my relationship with Justice Carley that I now share with you in memory of him.

Justice Carley was a proud “Double Dawg,” meaning he graduated from both undergraduate school and law school at The University of Georgia, often referred to as just “The University,” as if there were no others.  He is the only person to have served as both Presiding Judge and Chief Judge of the Georgia Court of Appeals, and the Presiding Judge and Chief Judge of the Supreme Court of Georgia.

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Friends:

To say we are experiencing unprecedented times with the global pandemic of Coronavirus-COVID-19 would be a massive understatement. I hope you and your family are well, staying safe and healthy and weathering this storm. I am continuing working on all of my cases to the maximum extent I can at my home. With remote work capability, super high-speed internet and my case management system “in the Cloud,” I can work on any case from any location. I want to let you know how our Georgia Civil and Criminal Justice Systems are adapting to this season we find ourselves in and keep you up to date on all things legal in Georgia right now.

First, the Chief Justice of the Georgia Supreme Court Harold Melton has issued a Statewide Judicial Emergency Order through 11:59 a.m April 13, 2020.  I believe Chief Justice Melton has shown great leadership with the issuance of this Order and through it, is doing the Court’s part in not spreading the virus in our courtrooms and alleviating much anxiety among litigants and lawyers.

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Today marked the last day on the job for Justice Robert Benham. That “job” being no less than serving on the state’s highest court, the Supreme Court of Georgia. A true pioneer, he was the second African-American graduate of UGA law school and the first to serve on the Georgia Supreme Court. He is retiring after 36 years on the appellate Courts (5 on Georgia Court of Appeals and 31 on Supreme Court). Appointed by Gov. Joe Frank Harris in December 1989, he was the first African-American ever appointed to the Supreme Court in its more than 140 years.  He  served in the United States Army Reserve attaining the rank of captain, and served as a trial attorney with Atlanta Legal Aid among many other professional accomplishments.  A lifelong resident of Georgia, Justice Benham was born to Jesse Knox Benham and Clarence Benham in Cartersville, Georgia. He obtained a B.S. in Political Science from Tuskegee University in 1967 and also attended Harvard University. In 1970 he obtained his Juris Doctor from the University of Georgia, Lumpkin School of Law. He obtained Master of Laws degree from the University of Virginia in 1989.

As a tribute to Justice Benham, I am sharing my remarks from the 2013 Justice Robert Benham Community Service Awards.  Prompted by concerns about the decreasing number of lawyers in leadership positions in public and community service, then Chief Justice Robert Benham in 1996 created a Community Service Task Force under the auspices of the Commission on Professionalism.  Composed of leaders of the bench and bar in Georgia, the Task Force determined to encourage, support, and recognize within the profession the tradition that all lawyers perform community service and measure their success in ways other than just financial gain.  To accomplish its purpose, the Task Force created the Justice Robert Benham Annual Awards for Community Service in partnership with the State Bar to honor lawyers and judges from the ten judicial districts of Georgia who have made outstanding contributions in the area of community service.  Since 1998, the Commission has coordinated the selection and presentation of these Awards.

Justice Benham, to say you will be missed on the bench is an understatement. I will always think of you with great love and admiration.  You are the ultimate role model for any lawyer.  The hallmarks of your career and life are integrity, kindness, compassion for others and  wisdom. You deserve only the best in your retirement. Godspeed!

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I had the privilege of being asked by the newly inducted State Bar President, Buck Rogers, to deliver the Invocation at the 269th Board of Governors Meeting held this past weekend on Saturday, June 10, 2017 at The Westin Jekyll Island.  It was, of course, my honor to do so.  I have had many requests for a copy of the invocation, including from President Rogers himself, so I thought I would share it hear with all of you along with my sincere best wishes to President Rogers for a wonderful Bar year.

INVOCATION at the State Bar Annual Meeting

JUNE 10, 2017

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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

2014-15

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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