Mark A. Newell, President
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December 2019
Volume XLVIII, Issue 12
In This Issue...
Ann's Article...........................Page 2
Bench and Bar.......................Page 3
Women Lawyers....................Page 5
Young Lawyers......................Page 5
Vernon Z Crawford................Page 6
Significan Decision................Page 7
SAVLP...................................Page 8
Archives & History.................Page 9
In the News...........................Page 10
Announcements....................Page 10
Mobile Bar Foundation..........Page 12
Upcoming Events..................Page 14
Birthdays...............................Page 15
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2019 OFFICERS
President - MARK A. NEWELL
President Elect - GEORGE W. “SKIP” FINKBOHNER, III
Vice President - CHARLES J. "CHARLIE" POTTS
Secretary - MARY STONE
Treasurer - CHARLES E. “CHIP” TAIT
Assistant Treasurer - J. ROBERT "ROBBIE" TURNIPSEED
Executive Director - ANN F. SIRMON
Editor - JULIA J. SHREVE
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President's Message
--------------------“I wouldn’t have had it any other way. But there are times when suddenly
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--------------------you realize you’re nearer the end than the beginning. And you wonder,
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--------------------you ask yourself, what the sum total of your life represents. What
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--------------------difference your being there at any time made to anything? Hardly made
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--------------------any difference at all, really, particularly in comparison with other mens’
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--------------------careers. I don’t know whether that kind of thinking is very healthy, but
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--------------------I must admit I’ve had some thoughts on those lines from time to time.”
---------------------Col. Nicholson (Alec. Guinness)
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Bridge on the River Kwai
At this moment, I feel sort of like Col. Nicholson, thinking about being closer to the end of my career, rather than the beginning, wondering whether I’ve made any difference, but admiring the bridge we’ve built this year from the old MBA to our future MBA. This has been an exciting year of growth and transition, and I am proud to have been a part of these changes. I hope you have noticed positive changes and maybe experienced something that helped you in either your professional career or personal life.
And like Col. Nicholson, I am very thankful for all the hard work everyone put into building this bridge – our executive board, our working committees and practice sections, our volunteer lawyer programs, the 150
th celebration committee, and especially Ann and Tammy for their hard work and dedication. Thank you everyone who has been involved in making this a successful and meaningful year!
Thank you once again for allowing me to serve as your President. At the December 13
th monthly meeting of our Bar Association, we will celebrate, have some holiday cheer, and I will hand over command to Skip Finkbohner, who I am confident will do an excellent job. I just have one request – please don’t blow up the bridge!
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JOIN US FOR OUR ANNUAL HOLIDAY MEMBERSHIP LUNCHEON
Friday, December 13th at 11:30 a.m.
The Admiral Hotel
251 Government Street
We begin at 11:30 AM with eggnog and wine. Luncheon to follow at noon. During the luncheon, we will honor Mobile Bar Past Presidents, present Mobile Bar Foundation grants and South Alabama Volunteer Lawyer awards.
The Public Service Committee is asking everyone to bring an unwrapped toy for the WKRG Toy Drive.
Please make your reservation in advance.
Our sponsor for the meeting is:
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Our last MCLE Seminars for 2019.
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Criminal Law Update
Friday, December 13, 2019
1:30 – 4:45 PM | 3.0 CLE available credits
The Admiral Hotel
251 Government Street | Mobile, AL 36602
Civil Law Update CLE has been cancelled.
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We would like to recognize our Bench and Bar sponsors. Thank you for your support!
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BRONZE SPONSORS
Killion & Associates PC
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By Laura M. Coker, President
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By Weathers Bolt, President
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The Young Lawyers would like to thank Hand Arendall Harrison Sale for hosting our November meeting. The meeting was a great one, and we certainly appreciate their continued support. We will not have a meeting in December.
On a personal note, I would like to thank those of you who helped make it a great year, particularly our officers, executive committee members, and all who participated in our meetings and fundraisers. With your help, we continued our mission to provide support and networking opportunities for the young(er) lawyers in the Mobile Bar Association. Along the way, we purchased uniforms and school supplies for students at Florence Howard Elementary, joined the kids of St. Mary’s Home for a morning of fun and games, and provided seed money for the Boys and Girls Club of South Alabama to start new clubs at five area schools. Next year I will pass the gavel to the capable hands of Catherine Spann as President and Blake Richardson as Vice President. I am deeply grateful for the opportunity to serve as President this year and cannot wait to see what the future holds for the Mobile Young Lawyers.
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Young Lawyers Inaugural Trivia Tournament
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Thanks to everyone for participating and supporting the Trivia Contest. The event was a huge success. We had 16 teams compete. Also, a special thanks to our sponsors. Title Sponsor ProLegal Copies and Court Reporting and Drink Sponsor Driftwood Investigations. All proceeds from the Trivia Contest went to benefit The Boys and Girls Club of South Alabama. See you next year!
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Thanks to Jim with Fairhope Brewing for being our emcee. We had a great crowd!
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Congratulations to the winning team was Federal One. Pictured L to R -
Jay Watkins (of O’Hara Watkins in Daphne), Lisa O’Hara (law clerk to Judge Murray), Chelsey Collins (Social Security Administration), Cliff Nelson (law clerk to Judge Nelson).
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VERNON Z CRAWFORD BAR ASSOCIATION
Update
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By Suntrease Williams-Maynard, President
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We had a successful CLE as sponsored by Cunningham Bounds on November 13th at Dauphin’s. We thank everyone who was able to join. (See photos)
The Vernon Z. Crawford Bar Association will host its Christmas Mixer on December 11, 2019 at the Fuse Project from 5:30 p.m. to 7:30 p.m. Because it is cold outside, we are asking people to bring items to be donated to the Salvation Army that will help those in need during the winter months. This may include blankets, coats, scarves, gloves, etc.
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THE MOBILE BAR ASSOCIATION ANNOUNCES
2020 SLATE OF OFFICERS VOTED AND APPROVED
During the November Membership Luncheon, the 2020 Slate of Officer were presented by the Nominations Committee Chair Jean M. Powers. They were voted on and approved by the members present. They will take office on January 1, 2020.
They are:
President Elect - Charles J. (Charlie) Potts
Vice President - D. Brian Murphy
Secretary - Jennifer S. Holifield
Assistant Treasurer - James Alexander (Alex) Steadman
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In a case of seeming first impression, the Court of Civil Appeals in
Forbes v. Brawley, No. 2180399 (Ala. Civ. App., October 18, 2019), relying on
Fogarty v. Southworth, 953 So. 2d 1225 (Ala. 2006), held that when multiple grounds had been advanced by the defendant in support of his motion to dismiss, which had been granted in an order that did not set forth the specific reasons, the order had to be affirmed when the plaintiff did not address in its brief on appeal each of the various grounds asserted by the defendant before the trial court. In effect, the Court concluded that the trial court’s dismissal order could have been based on one of the grounds that was not briefed and, thus, the appellant waived any argument as to those grounds.
In
J.C.C. v. Madison County Department of Human Services, No. 2180630 (Ala. Civ. App., October 4, 2019), the Court of Civil Appeals dismissed an appeal, even though the notice of appeal was timely filed electronically, because the paper copy of the notice was not filed until after the time for appeal had expired.
In a case of first impression, the Supreme Court in
Courtyard Manor Homeowner’s Association, Inc. v. City of Pelham, No. 1180683 (Ala., October 18, 2019), held that Section 25 of the Alabama Constitution, which grants each citizen the right to petition government for a redress of grievances, did not require that a municipality respond to a petition to de-annex an area from the municipality. Thus, the complaint seeking court review of the municipality’s failure to consider the petition was dismissed for failure to state a claim.
In another case of first impression, the Supreme Court in
Forest Laboratories, LLC, v. Feheley, No. 1180387 (Ala., October 25, 2019), held that Ala. Code § 6-5-530, passed by the Alabama legislature shortly after the Court’s decision was announced in
Wyeth, Inc. v. Weeks, 159 So. 3d 649 (Ala. 2014), was intended to abrogate that decision. Accordingly, the Supreme Court concluded that under the plain language of § 6-5-530, a drug manufacturer could not be held liable for injuries caused by a product it did not manufacture or for the alleged deficiencies of a drug that it had not manufactured, even though that drug was the generic version of a drug that the defendant had in fact manufactured.
Heavily relying on the standards justifying the dismissal of a lawsuit for failure to state a claim, the Court of Civil Appeals in
Swain v. AIG Claims, Inc., No. 2180336 (Ala. Civ. App., October 18, 2019), held that when the plaintiff had alleged tort claims arising out of the manner in which the defendant handled plaintiff’s claims in a worker’s compensation matter, it could not be said that plaintiff could prove no set of facts under which a tort recovery might be possible, notwithstanding the general prohibition of tort claims arising out of compensable injuries.
In another case of first impression, the Supreme Court in
Norwood v. Barclay, No. 1180281 (Ala., October 18, 2019), held that where a will had left all of the decedent’s property to her sister and had generically “disinherited” any other persons, the anti-lapse provision of Ala. Code § 43-8-224 would still apply to allow the predeceased sister’s children to receive the property under the will. The Court seemed to indicate that the decedent could have prohibited application of the anti-lapse statute by specific language, but that the language of this will was insufficient for that purpose.
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By Dru Lauren Bishop, Pro Bono Manager
SAVLP is offering new ways to be involved in 2020!
We are seeking your support to help us serve our low-income friends and neighbors. On the second Thursday of each month from 1-3 p.m., SAVLP hosts a civil legal advice clinic at the Mobile County Courthouse. We are asking your firm, organization, or legal group to commit to volunteering at the clinic. All you need to do to help is select a month in 2020 and commit to having at least 5 attorneys from your group, or that you provide limited legal advice to clients at the clinic. There is never an expectation that you continue to represent the client after the clinic. Just two hours of your time offering brief legal assistance can change a client’s entire legal situation.
Our goal for each clinic is to have at least five attorneys from various practice areas such as probate, real property, torts, contracts, family law, and collections. These tend to be the top issues we see at the clinic. SAVLP can assist you in recruiting attorneys from other practice areas if necessary. The goal of this sponsorship is so we can make sure that each clinic is appropriately staffed, and to get new volunteers involved in our program.
We have had as many at 25 clients attending clinics recently, and unfortunately have not been able to assist all of those needing help due to limited volunteer involvement. Clients do not need an appointment to attend the clinic, and we do our best to make sure that every client that shows up receives some assistance.
In addition to helping our community, as a clinic sponsor SAVLP will feature your firm’s involvement on our Facebook page, monthly email, and in our MBA Bar Bulletin article. You will also get at least two (2) hours of volunteer hours for each attendee, and this can be included in the attorney’s time for CLE credit for pro bono service. Remember, every six (6) hours you volunteer is one hour of CLE!
If you are interested in a sponsorship, please call me at 433-6693 or email me at
drulauren@savlp.org
.
For the past few weeks, SAVLP has offered a weekly help desk for pro se litigants in District Court at the Mobile County Courthouse on Monday afternoons. Clients are offered brief assistance with forms or procedure. We have had good feedback from the clerks and clients and are seeking to make this a permanent service for our community. If you are interested in volunteering at the Pro Se Help Desk please call at 433-6693 or email at
drulauren@savlp.org
.
We will also continue to offer a legal advice clinic every other month at Prodisee Pantry. In 2020 we plan to offer several Wills for Heroes clinics and arrange speakers for our community partners.
We share information monthly with our volunteers through email. Call 433-6693 or email
drulauren@savlp.org
to sign up.
If you have not made a contribution to SAVLP this year, please consider doing so. Your contributions continue to allow us to serve neighbors in need. Contributions can be made via check or on our website at
www.SAVLP.org/donate
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By Mitchell Lattof, Sr., Chair
This is the last installment of the Archives & History Committee Series, which has been a special column this year in celebration of the 150
th Anniversary of the MBA. This is a discussion of the video interviews the Committee has done over the past six years and which the MBA Executive Committee has placed on a special YouTube playlist accessible on its website. In 2018, our Committee had the privilege of interviewing Judge Edward McDermott, a retired Mobile County Circuit Court Judge, who was 79 years old and had been an attorney and a judge for a total of more than 50 years. The interview was conducted by Committee member Mary Margaret Bailey. She brought out that Judge Edward McDermott’s father and older brother had both served as Mobile County Circuit Court judges. She also found documentation and questioned him about his great grandfather, also named Edward McDermott, who was Chief Justice of the Louisiana Supreme Court from 1880 to 1892. His testimony was very informative and often entertaining.
Judge McDermott told a story about the first case he tried as a young attorney and member of the law firm of Ronald Slepian, Esq. Slepian asked him to file a suit for $35.00 on behalf of Slepian’s maid who had paid $35.00 to a beautician and was very unhappy with the results. He filed the suit in the Mobile County Inferior Civil Court which, at that time, had a jurisdiction of $100.00 and did not require court costs. He went to Court and an older attorney, Thomas Galloway, Sr., approached him and asked him if he was Edward McDermott and told him he wanted to discuss the matter with him. They found a place where they could talk, and Tom Galloway asked him if he had $15.00 with him. He replied affirmative and Tom Galloway then handed him $20.00 and said please give your client the $35.00 and tell her she won the case and that neither of them could afford to spend more time on the case. He said he reluctantly complied, but he still remembers that his first case cost him $15.00.
Judge Edward McDermott was elected as a Mobile County Circuit Judge in 1983 and served until 2001. He has continued to serve as a Special Mobile County Circuit Judge since 2001 whenever needed. In 2010, Judge McDermott was awarded the Howell T. Heflin Honor and Integrity Award presented to him by the Mobile and Baldwin County Bar Associations. He presently also serves as a Member of the American Legion 250 Honor Guard and Member of the Board of Directors of the Alabama State Veterans Cemetery at Spanish Fort.
I believe the interview of Judge Edward McDermott by our Committee will be of great interest to the members of the Mobile Bar Association.
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LAWYERS IN RECOVERY
Lawyers in Recovery (“LIR”) is a fellowship of lawyers who share their experience, strength and hope with each other to hopefully solve their common problems and help others to recover from alcoholism, addiction, depression or similar conditions. LIR meetings are designed to last one hour and start promptly at 5:30 p.m. on the first and third Thursdays of every month at 205 Church Street in Mobile. LIR meetings are modeled on the steps and traditions of Alcoholics Anonymous and participants pledge and place substantial emphasis on anonymity. If anyone needs additional information on LIR Meetings, they can anonymously call the Mobile Bar Association office for referral to a LIR Member who will also keep all communications confidential.
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DIED: On November 4, 2019 Joan Elizabeth Ross Coley, widow of late MBA Member
David Coley, passed away. Joan and David Coley were married and moved to Mobile in 1956 where David practiced law for 50 years until his death in 2006. Joan taught second grade and was a longtime member of Saint Ignatius Catholic Church. She loved reading, tennis, golf, travel and in later years, bridge. Joan was preceded in death by her husband and one son. She is survived by three children, eleven grandchildren, and eight great-grandchildren.
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The following lawyers were admitted to the Mobile Bar Association, Friday, November 15, 2019.
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Active Members
ANGELA LAVON BETTS,
graduated from Miles School Law School in 2013; admitted to the Alabama State Bar in 2018; employed with The Betts Law Firm.
JENNIFER L. SUSMAN,
graduated from DuPaul University School of Law in 2012; admitted to the Illinois State Bar in 2012; the Alabama State Bar in 2015; employed with the City Attorney’s Office.
ANDREW GLENN YORK,
graduated from Cumberland School of Law in 2019; admitted to the Alabama State Bar in 2019; employed as a law clerk with Judge Ben Brooks.
ANDREA MICHELLE CATES,
graduated from Mississippi College School of Law in 2019; admitted to the Alabama State Bar in 2019; employed with The Hernandez Law Firm, LLC.
EMILY B. VAN HANEGHAN,
graduated from the University of Alabama School of Law in 2018; admitted to the Alabama State Bar in 2018; employed with Hand Arendall Harrison Sale LLC.
JONATHAN CHARLES MCCARDLE,
graduated from Birmingham School of Law in 2018; admitted to the Alabama State Bar in 2019; employed as a sole practitioner.
LOREN AMANDA RAFFERTY,
graduated from the University of Alabama School of Law in 2016; admitted to the Alabama State Bar in 2017; employed with Phelps Dunbar, LLP.
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DOWNTOWN OFFICE SPACE FOR LEASE: Beautiful, spacious office in an historic home in the beautiful DeTonti Square neighborhood. Plentiful onsite parking, including EV Charging, available conference room, waiting area, kitchenette, plus optional space for staff. Receptionist onsite. Internet provided. A block from the Federal and Bankruptcy Courthouses. Perfect for a Solo, or out of town firm desiring Mobile presence. 205 N. Conception St. Contact
HENRY BREWSTER at 251-338-0630 or
hbrewster@brewsterlaw.net.
DOWNTOWN OFFICE SPACE AVAILABLE:
456 Conti St Mobile AL 36602.
Available: Two office Rooms. Within walking distance of federal courts. Amenities: Receptionist, Polycom telephone, Internet, WIFI, Email, large color copier/scanner, Street parking, lobby, and kitchen. Contact:
James M. Byrd
via phone 251-438-2973.
DOWNTOWN OFFICE SPACE AVAILABLE: Beautiful, large offices in the Church Street East Historic District are available for rent at 501 Church St, within walking distance of state and municipal courts. Amenities: VOIP telephone, internet, WIFI, email, 3 in 1 copy, scan, fax machine both upstairs and downstairs and unlimited hours of convenient, free street parking for all, including clients, waiting area, kitchenette, plus optional space for staff. Contact
Lee Hale, Sr. 251-433-3671 ext 2 or 251-509-5903 or at lee.hale1948@gmail.com.
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Bryan Comer, president of the Mobile Bar Foundation recently presented donation checks to the Sheriff's Flotilla and the Mobile County Sheriff's Department. The Sheriff's Flotilla was part of our great water safety team during our Tri the Gulf event. The Sheriff's Department supplements the Dauphin Island Police Department with traffic control and law enforcement related to Tri the Gulf. Thank you for your continued support!
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Alan Colvin, logistics director of Tri the Gulf recently presented checks, on behalf of the Mobile Bar Foundation, to Chief Brad Cox of the Dauphin Island Fire Rescue Squad and Chief Kyn Claw of the Dauphin Island Police Department. We are pleased to announce Dauphin Island has approved the 2020 date of Saturday, October 17, 2020. Thank you for your continued support!
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Dear Members of the Mobile Bar Association,
For the past 25 years, you, as a member of the Mobile Bar Association, have played a large part in the success of the Mobile Bar Foundation. We can’t thank you enough for your support as a donor and a volunteer of our fundraiser Tri the Gulf.
The Mobile Bar Foundation strives to improve the legal system, the administration of justice and promote the betterment of the legal professional and local community. Last year, we provided grant allocations to 10 area non-profit agencies that directly impacted over 6,000 families in Mobile County. Now that is achieving community impact!
Many of you contribute to our annual assessment when paying your membership dues to the Mobile Bar Association and make contributions to memorialize or honor a loved one or friend. Thank you! We greatly appreciate your continued support.
As you and/or your firm prepare for year-end donations, please consider donating to the Mobile Bar Foundation. Any size is greatly appreciated. Donations can be made by credit card or check. To pay by credit card, visit the Mobile Bar Association website at
www.mobilebarassociation.com
. Click on the tab Make a Payment. In the description, state it is a donation for the Mobile Bar Foundation. If you would like to mail in a check, please complete the donation form below and send check to Mobile Bar Foundation P. O. Drawer 2005, Mobile, Alabama 36652.
Again, thank you so much for your continued support of the Mobile Bar Foundation. We are 25 years strong because of YOU! I hope to see you at the Mobile Bar Association’s December Membership Luncheon where we will present our 2020 Grant Allocations to area non-profit agencies. The date is Friday, December 13th. It will be held at The Admiral Hotel. Located at 251 Government Street. See you there!
Graciously,
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MOBILE BAR FOUNDATION DONATION FORM
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Please consider making a tax deductible donation to the Mobile Bar Foundation:
Name: ____________________________________________________________________________________
Address: __________________________________________________________________________________
Phone: _______________________________________ E-Mail: _____________________________________
YES, I want to make a donation to the Mobile Bar Foundation -
In honor/memory of: ______________________________________________________________________
Acknowledgement sent to:
Name ____________________________________________________________________________________
Address: __________________________________________________________________________________
YES, I want to become a member of the Mobile Bar Foundation -
__ Life member ($5000, can be paid in up to 5 annual installments
__ Sustaining Member ($100 or more annually)
__ Regular Member ($50 - $99 annually)
__ Member of MBA practicing 5 years or less ($25 - $99)
__ I would like more information on including the Foundation in my estate planning
I donate my gift of: $__________
Check: __________ (Please make checks payable to the Mobile Bar Foundation)
*Credit Card: Visa/Mastercard# ____________________________________________________________
Signature: ______________________________________________ Exp: ___________________________
Mail to: Mobile Bar Foundation, P.O. Drawer 2005, Mobile, AL 36652
* All credit card transactions will incur a $2.00 processing fee.
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Mobile Bar Association has on file the
2019 Survey of Florida Law CDs
. If you are interested in checking them out to get MCLE credit, please contact Tammy Anderson at Mobile Bar Headquarters by phone at 251.433.9790 or by email at tanderson@mobilebarassociation.com.
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SAVE THE DATE
NATURALIZATION CEREMONY
THURSDAY, DECEMBER 5, 2019 AT 11:00 AM
U.S. DISTRICT COURTHOUSE
JUDGE KATHERINE P. NELSON, COURTROOM 3B
155 ST. JOSEPH STREET
MOBILE, AL 36602
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Thursday, December 5
Lawyers Helping Lawyers
205 Church Street
Friday, December 6
Bench and Bar Conference
Marriott's Grand Hotel
Wednesday, December 11
Vernon Z. Crawford Bay Area Bar Assoc. Meeting
Fuse Project
Thursday, December 12
Executive Committee Meeting
Armbrecht Jackson
Friday, December 13
Membership Holiday Luncheon
The Admiral Hotel
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Friday, December 13
CLE - Criminal Law Update
The Admiral Hotel
Friday, November 15
Bulletin Due
Thursday, December 19
Lawyers Helping Lawyers
205 Church Street
Thursday, December 19
Grievance Committee Meeting
The Athelstan Club
December 24 - 26
MBA Headquarters is closed for the Christmas Holidays
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Listed below are members that are celebrating birthdays in December:
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Geoffrey D. Alexander
Lynn S. Harwell Andrews
K. Amanda Barton
Gloria A. Bedwell
Raymond L. Bell, Jr.
Charles Britton Bonner
William E. Bonner
Clifford Carrington Brady
Ann Y. Brown
Chad Robert Brown
Scott G. Brown
John F. Butler
Michael Warren Butler
William E. Cassady
William Gray Chason
Andrew T. Citrin
Stephen E. Clements
Robert Eugene Clute, III
Cecelia J. Collins
Alan Matthew Colvin
Walter M. Cook, Jr.
William M. Cunningham, Jr.
James J. Dailey
Sharon Marie Davis
Sondra Dempsey
Joseph Stewart Dennis
Tamela Edwards Esham
Douglas Warren Fink
Mary Kristen Frank
Richard M. Gaal
Grant William Gibson
Charles Allen Graddick
Jubal L. Hamil
William Craig Hamilton
David C. Hannan
Robert Jon Hedge
Amanda Hope Herren
W. Steele Holman, II
Heather Guidry Hornsby
Michael G. Huey
Melissa Pigg Hunter
Matthew Ryan Jackson
Timothy William Kaufman
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Richard Mark Kirkpatrick
Forrest S. Latta
Angelia Burns Lee
Karen Tucker Luce
Jonathan Ross Maples
I. Danielle Mashburn-Myrick
David Allen McDonald
William S. McFadden
William Travis McGowin, IV
Keith Stewart Miller
R. Boyd Miller
Robert Latimer Mitchell
William D. Montgomery
Richard W. Moore
Jene William Owens, Jr.
Suzanne Paul
Kathryn Bowling Pearson
Gweneth Cameron Pfeiffer-Traylor
Brenda Joyce Pierce
Susan Sheffield Powers
Royce A. Ray, III
F. Grey Redditt, Jr.
Mathew Bernard Richardson
Donald Joseph Rose
Vicki B. Roselius
Edward Thomas Rowe
Jeremy David Rush
Andrew John Rutens
Aaron Hugh Schneider
Tyler N. Scott
Christine B. Segarra
Richard E. Shields
Charles C. Simpson, III
Joseph David Steadman, Jr.
Amanda Douglas Summerlin
Deborah D. Tillman
Stephen M. Tunstall
Pete J. Vallas
Joseph Eric Van Loock
Stacie Elizabeth Vitello
Alison Tomlinson Wadhwani
Jason Robert Watkins
D. Scott Wright
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