Articles Posted in The Legal Profession

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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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This past week I was fortunate to attend the 2026 Annual Meeting of the International Society of Barristers (ISOB) in Mauna Lani, Hawaii. I am a Fellow in this amazing trial lawyer organization, and enjoy the fellowship and camaraderie these meetings engender.  Each day begins with a formal program of speakers from all disciplines, but rarely from the actual practice of law. These speakers are there to enrich your mind and expand your capacity for thought. They make you get out of your daily rut of practicing law and put yourself into a new world that is exciting, thought-provoking and challenging. You grow as a human being. Enrichment is the goal.  This was also my last meeting serving on the Board of Governors. I have been on the ISOB Board for 6 years and now that rewarding role is now finished.

Of the numerous speakers, two were my favorites. The first was Valentino Dixon, an artist who was wrongfully convicted of murder and who served 27 years in prison in Attica, N.Y. Mr. Dixon has an amazing story. He “drew himself to freedom” after spending 27 years in prison for a crime he didn’t commit. He survived the notorious Attica Prison through his gifted hands and a set of colored pencils his uncle gave him.  One day his warden asked him to draw his favorite golf hole, No. 13 at Augusta National.  Then, his next-door cellmate gave him two old copies of Golf Digest magazine and challenged him to draw the golf holes in those magazines. Drawing up to 10 hours a day he created awe-inspiring masterpieces that evoke powerful emotions giving strength and inspiration to anyone facing a difficult time.  Along the way, he wrote 1,000’s of letters asking for help to exonerate him. Finally, Max Adler, a writer with Gold Digest, took action and helped begin an investigation that led to Mr. Dixon’s exoneration and freedom from prison. His is a truly remarkable story and I urge you to read about it. There have also been documentaries made about Mr. Dixon’s life. Mr. Dixon said that if his story could be boiled down into one phrase it would be “Don’t ever give up.”Valentino Dixon's golf drawings become center of attention at New York art show | Golf News and Tour Information | Golf Digest

My second favorite speaker was Dean Erwin Chemerinsky, Dean of Berkeley Law and the Jesse H. Choper Distinguished Professor of Law. He often writes for news organizations and the American Bar Association. He is the author of 22 books and the most knowledgeable person about the U.S. Supreme Court that I know.  This was the second time I had heard Dean Chemerinsky speak to the Barristers. Last time he predicted five things from the U.S. Supreme Court and all five of them came true. So I was very eager to hear his predictions this time. Dean Chemerinsky spoke about his deep concern about the Rule of Law in America and how close our Democracy is to collapse. He urged us to speak out and educate others about what is happening to our Democracy and to take action to prevent those who do not value it from destroying it. He also urged us to continue to protect the Judiciary from physical threats of harm and to help maintain its independence.Image of Erwin Chemerinksy | Office of the Chancellor

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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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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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Last week we were thrilled to have Georgia Trial Lawyer McCracken King Poston, Jr. be our guest speaker at Lawyers Club of Atlanta. McCracken regaled the crowd of over 200 attorneys with stories about his trial in Ringgold, Georgia in which he represented Alvin Ridley, who was accused of holding his wife captive in their basement for almost three decades before killing her.

McCracken Poston is a former four-term legislator in the Georgia House of Representatives. He is a graduate of the University of Tennessee at Chattanooga and is a 1985 graduate of The University of Georgia School of Law. He has practiced law for 39 years in Georgia. He gained national attention for his handling of several notable cases that were featured on CNN Presents, Dateline NBC, A & E’s American Justice and Forensic Files.

McCracken’s new book “Zenith Man: Death, Love and Redemption in a Georgia Courtroom” tells the tale of Alvin Ridley, accused of murdering his wife, and McCracken’s courtroom battle for Justice for Alvin. Alvin was a difficult client, storing evidence in a cockroach-infested suitcase, unwilling to reveal key facts to his defender. Gradually, Poston pieced together the full story behind Virginia and Alvin’s curious marriage and her cause of death—which was completely overlooked by law enforcement. Calling on medical experts, testimony from Alvin himself, and a wealth of surprising evidence gleaned from Alvin’s  junk-strewn house, Poston presented a groundbreaking defense that allowed Alvin to return to his peculiar lifestyle, a free man.

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Last week, my boss–my mom–Robin Frazer Clark was invited to speak on a panel of highly esteemed women at the Georgia Association for Women Lawyers’ annual CLE entitled “The Leader Within.”  She was joined on the panel by Linda Klein, the first woman President of the State Bar of Georgia; Meka Ward, Assistant General Counsel for the Home Depot; Judge Ana Maria Martinez, Georgia’s First Latina State Court Judge; and Zahra Karinshak, a veteran and former Georgia Senator.  The incredible women who shared the stage all come from different backgrounds, have achieved unbelievable success in various practice areas, and have overcome consistent adversity as women in the legal field, often holding the title of “First Female ___” in many spaces they occupy within this male-dominated field.  To be sure, the gender disparity is shrinking by the year—the latest numbers from the American Bar Association tell us that the gap is narrowing, with the percentage of female lawyers growing from 36% in 2014 to 41% in 2024.  I know that, at some point in my legal career, I will likely encounter adversity as a woman in the legal field that resembles the challenges that the panelists once faced.  But I also know that, because of the fearlessness of the female leaders who have come before me, I will have far fewer barriers to overcome than they did.

I’ve had the privilege of hearing my mom’s sage advice on panels, speaking to a group of lawyers, or even just at the dinner table for 27 years.  What I’ve now realized, however, is that the advice hits a little differently once you start following in those same footsteps she’s laid on the ground in front of you.  Hopefully other young attorneys (and experienced attorneys too!) can benefit from these nuggets of wisdom I picked up from these Queens of the Law.  Here are some of my takeaways from the incredible panel:

  • There are many ways to lead. The panelists offered a variety of answers to questions about what makes a “good leader,” but at the core of most of their answers were simple pieces of advice: be yourself and treat others the way you would want to be treated.  If you try to adopt a style of leadership that is not genuine to the person you are, your team will be able to sense that something seems off and may not have full confidence in the leadership or the overall mission.  Treating each other by the Golden Rule allows for a deeper sense of trust and understanding between the different levels of the hierarchy within the team (and is also probably just a good piece of life advice for how we should strive to treat others… this includes opposing counsel!!)

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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 received a wonderful email over the holidays from Terass “Razz” Misher letting me know he had graduated from law school. The subject line of the email simply read “I graduated.” I was thrilled to read his email and so happy for him and his lovely family.20241213_164327-225x300

I first met Razz back in April 2020 when we started the podcast “See You In Court,” which is sponsored by the Georgia Civil Justice Foundation. Razz was our very first producer of the podcast and he did a wonderful job. I learned a lot about podcasts from Razz, from what type of microphone I should use to elimination of ambient noise in the room. I was introduced to Razz by my good friends Steve Lowry and Yvonne Godfrey, host of the incredible “The Great Trials Podcast.” BTW, I happened to be a guest on “The Great Trials Podcast” in October 2020 discussing my plaintiff’s $2.35 Million verdict in Fox v. Emory University Hospital. You should check it out! Anyway, they were using Razz for their podcast and suggested I hire him as well. Which I immediately did and it was a great decision. During the next few years, Razz and I spoke many times about a life in law and particularly pro bono efforts. Razz seemed to become more and more interested in what we did as lawyers and the types of cases we handled the clients we served. He started having a thought in the back of his mind that maybe being a lawyer would be right for him.  Steve and Yvonne even did an entire episode entitled “Should Razz Go To Law School?”  The answer seemed to be a resounding “yes!” Then, one day, he announces to us that we will need to find a new producer because he is going to law school! Wow! Razz said that working with lawyers and listening to stories about lawyers helping others inspired him to consider a life in the law, also, and he decided to take the leap for himself and his family. Razz hooked us up with our current producer, Phillip Hoover, leaving us in Phillip’s capable hands.  I was honored to be asked to write Razz a recommendation letter for law school and I proudly did. The next thing I know, Razz is headed to Elon School of Law in North Carolina. Three short years later Razz has graduated.  Not only that, he was also inducted into the Order of the Barristers at Elon, which is for only the absolutely top law students at that law school. The photos show Razz with his beautiful family.

I have often encouraged young folks to consider a life in the law. For me, the number one consideration was it was a profession that would allow me to be completely independent, without being beholden to any other person for support. This was my father’s requirement, i.e., that no matter what I do I must be independent. Being a lawyer certainly does that. Although my father was a pharmacist who owned his own drugstore in a small town, Sturgis, Kentucky, he told me being a lawyer would be wonderful for me because once you got your law license, no one could never take that away from you. No matter what may happen, you could always hang out your shingle like a true entrepreneur and make your own way on your brain and your work ethic, and then if you were successful, it was because of your hard work, and if you weren’t, you had only yourself to blame.  Plus, lawyers can use their license to effect change in society…real change. No one else in our legal system can serve a subpoena on another citizen and force that citizen to testify, and in a civil case, to testify even against their own interests. Only with a law license could I have obtained a Presidential Pardon from President Obama for my client who was convicted of being gay (which is obviously NOT A CRIME!) while he was serving his Country in the United States Army and who was imprisoned for two years in Ft. Leavenworth Prison. So, there is a lot to be said about being a lawyer, having a life of service to others and devoting your life to the Rule of Law. As my letterhead reads:

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