Skip Finkbohner, President
September 2020
Volume XLIV, Issue 9

In This Issue...
Ann's Article..........................Page 2
Mentoring CLEs....................Page 3
Liberty Bell Award.................Page 4
Juror Coffee..........................Page 5
Young Lawyers.....................Page 6
Women Lawyers...................Page 7
VZC Bar................................Page 7
Significant Decisions.............Page 7
In the News...........................Page 8
Mobile Bar Foundation..........Page 9
Birthdays...............................Page 12
  2020 OFFICERS
President - GEORGE W. (SKIP) FINKBOHNER, III
President Elect - CHARLES J. (CHARLIE) POTTS
Vice President - D. BRIAN MURPHY
Secretary - JENNIFER S. HOLIFIELD
Treasurer - J. ROBERT (ROBBIE) TURNIPSEED
Asst. Treasurer - JAMES ALEXANDER (ALEX) STEADMAN
Executive Director - ANN F. SIRMON
Editor - JULIA J. SHREVE
Reprint of Past President Ben Rowe's article originally published in June 2006.

Balance, Balance, Balance
Not Practice, Practice, Practice
 
The Alabama State Bar’s Quality of Life Survey results revealed a high level of career dissatisfaction among Alabama lawyers, particularly in the area of work/life balance. Here are some of my ideas about what can be done about that.
 
Lawyers must accept the fact that practicing law involved years and years of hard work. You will say that is no surprise, but, in fact, a shocking number of law school graduates and/or their spouses seem to think hard work is behind them and that practicing law is pretty much a 9-to-5 enterprise. When this misapprehension comes in conflict with rising economic demands and expectations, unhappiness follows. Having said that, it is also necessary to understand that there is more to life than law practice. So, consider this: At the end of a reasonable workday go home to your family (note: your family is not at your favorite watering hole and that cute thing at the next table is not your spouse), and when you walk through the door leave the frustrations and disappointments behind you. Hug your spouse and children. You don’t get a do-over; that is, a second chance to be involved in your children’s young lives. Also, exercise: run, play tennis, or golf. Read.
 
Cultivate your spiritual life. Yes, weekends are good, quiet times to get a lot of work done at the office. Go to your house of worship anyway. And let me add this: If you don’t have a spiritual life, it is not because you are smart or sophisticated. And, it’s certainly not because you have thought a lot about it. To begin thinking about it, read The Question of God by Dr. Armand Nicholi, a Harvard psychiatrist.
 
Be involved in good works. Obituaries never report hours worked and rarely money made. They do report the good you did because this is what is ultimately important and worth bragging about. There is not much of a relationship between wealth and happiness. There is a very strong relationship between good works and happiness.
 
In practice, conduct yourself civilly and professionally. You will be happier and, in all likelihood, more successful. Do not be driven by greed or envy or the idea that your value is determined by where or how big your house is or what car you drive. Nothing is more corrosive or less related to happiness and true success. Look at the people whom you admire and ask yourself whether you admire them because of what they have or because of the content of their character.
 
To me, a glass of Lagavulin on a chilly night is one of life’s great pleasures. Nevertheless, beware of alcohol (and its functional equivalents). It can sneak up on you and steal your life. It is no respecter of age, education, intelligence, gender, or social status. Eternal vigilance is the price of sobriety.
 
These are the elements of a balanced life. They are primarily matters of individual responsibility. The Alabama State Bar can help, as well as firms across the state, through the orientation and mentoring of our young lawyers. There is also the ASB’s Alabama Lawyer Assistance Program, you can reach them by phone at (334) 517-2238, (334) 517-2216 or 24-hour hotline (334) 224-6920. The heavy lifting is up to you.
NO SEPTEMBER MEMBERSHIP MEETING
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Ann's Article
Many thanks to everyone for participating in our virtual meetings and events during the month of August. It was a busy and successful month. We enjoyed seeing everyone, even though it through Zoom. Our goal is to start back with in-person events in October. We will have to follow certain social distancing guidelines and will share our procedures in the October Bar bulletin.
 
For September, we will have a slower schedule. There will not be a Membership Meeting and we will have the following CLE opportunities. Please mark your calendar.
 
  • Thursday, September 17, the Mentoring Committee will host their last book review of Tiger Tactics. They will discuss Chapters 9 and 10 on Balance and The Best Advice I Ever Got. You will receive 1.5 hours of CLE credit for attending the session. It will be held via Zoom. For more information and to register, click here.

  • Monday, September 21, the Workers Compensation Section will host a CLE at The Athelstan Club at noon. You will receive 1 hour of CLE credit for attending the luncheon. For more information and to register, please click here.
 
Jury trials are slated to start back on September 14. If you need quicker access into Government Plaza, purchase a Government Plaza ID badge at the Mobile Bar Association. The card is $50.00 and the process is simple. Contact Mobile Bar Headquarters by phone at 251.433.9790 or by email at tanderson@mobilebarassociation.com to receive a copy of the application. Complete the application and submit the $50.00 fee to the Mobile Bar Association.  Then, take your receipt to the Security Office in Government Plaza.  Your photo will be taken and ID card issued. It’s that easy.
 
Lastly, in case you missed it, the American Bar Association recently released its 2020 ABA Profile of the Legal Profession, which provides a snapshot of the profession and offers numbers, trend information and demographics on law schools, the judiciary, technology, pro bono work, attorney discipline, lawyer well-being and more. Click here to read.
 
Thanks again for being a member of the Mobile Bar Association. We appreciate all your support and feedback. We are always interested in hearing your thoughts and ideas about how to improve the Mobile Bar Association. Please feel free to contact me any time by phone at 251.433.9790 or by email at asirmon@mobilebarassociation.com. I look forward to seeing you soon.
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By Greg Vaughan, Chair
Guest Lawyers: Skip Finkbohner, Cunningham Bounds, LLC AND
Judge Judson Wells, Carr Allison, Pugh, Howard, Oliver & Sisson, P.C.

Moderated by: Greg Vaughan, Holston Vaughan and Rosenthal, LLC
The last meeting of the Mentoring Committee's book club will review the last chapters of the practice development book,Tiger Tactics, Powerful Strategies for Winning Law Firms.
If you have any additional questions, please contact Mobile Bar Association at 251.433.9790.

OUR LAST CHAPTER REVIEW:
  • Thursday, September 17 - Review chapters 9 - 10 | Time: 11:30 a.m. - 1:00 p.m.

DEADLINE DATE TO REGISTER IN ADVANCE - WEDNESDAY, SEPTEMBER 16, 2020.
Amazon.com provides the following summary on Tiger Tactics
 
What is Your Dream? Being a lawyer is difficult. Creating a sustainable and profitable firm that works for you is even harder. Most lawyers never get there. Most lawyers feel stuck in jobs. And many lawyers who choose to work for themselves struggle to make a profit or make any time for their lives. Tiger Tactics is about unlocking your dream. It was written by five lawyers who have individually gone on to create million and multi-million dollar practices. Tiger Tactics is about the stories, the struggles, and the practical advice necessary to thrive in the law practice jungle. Want more access and discussion? Join the Tiger Tactics online community at https://www.facebook.com/groups/tigertacticsbook.
The MBA Mentoring Committee CLEs are sponsored by:
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Workers' Compensation Section |Lunch and Learn

Monday, September 21, 2020 | 12:00 p.m.
The Athelstan Club
By Boyd Miller, Workers' Compensation Section Chair
The next Mobile Bar Association Workers’ Compensation Section Lunch and Learn will be held on Monday, September 21, 2020, at the Athelstan Club at noon. The speaker will be Eaton Barnard, who will speak on taking depositions of medical providers and FCE examiners in workers’ compensation cases.

Lots of hand sanitizer will be available, and social distancing will be practiced with fewer people at more tables. The excellent lunch will be brought to the tables by masked servers, so no need to crowd around a buffet table.

DEADLINE TO REGISTER IN ADVANCE - FRIDAY, SEPTEMBER 18, 2020.
ACCEPTING NOMINATIONS FOR THE LIBERTY BELL AWARD
By Weathers Bolt, Law Day Chair
Law Day is held usually annually in May and gives the Mobile Bar Association an opportunity to share with the community how law and the legal process protects our liberty, strives to achieve justice and contributes to the freedoms that all Americans share. This year’s Law Day theme was Your Vote, Your Voice, Our Democracy: The 19 th Amendment at 100.
 
After being postponed by COVID-19, the Mobile Bar Association is NOW seeking nominations from the community for our Liberty Bell Award. All other Law Day activities have been cancelled for the year.

Deadline for Liberty Bell Award Nominations - Friday, September 11, 2020 
 
The Mobile Bar Association annually recognizes an individual in the Mobile community whose service has strengthened the American system of freedom under law. Established more than 30 years ago by the American Bar Association, the award is given to an outstanding citizen, particularly a non-lawyer, who by their service has (1) promoted a better understanding of the Constitution, (2) encouraged respect for the law and the courts, (3) stimulated a deeper sense of individual responsibility, (4) contributed to the effective functioning of our government, and/or (5) fostered a better understanding and appreciation of the rule of law.
 
Past recipients have included Mr. Joseph H. Langan, Ms. Mary S. Zoghby, Ms. Johnnie Sue Watts, Archbishop Oscar Lipscomb, Judge Michael E. Zoghby, Mr. John U. O’Brien, Dr. Yvonne Kennedy, Judge Jon F. Butler, Judge W. Brevard Hand, Mr. T. Massey Bedsole, Mr. Bob Grip, Judge Rosemary Chambers, Mr. John P. O’Brien, Mobile Sheriff Sam Cochran, Mr. James D. Sears, Judge Don Davis, Dr. William P. Taylor, Judge Henry A. Calloway, III, Mrs. Nann Worel, Dr. Bernard Eichold, Mr. Raymond O. Brazell, Ms. Casi Callaway, Mr. Patrick Guyton, Officer Steven Green, Mrs. Doris Littleton, Mr. Ken Megginson, Mr. Reggie Copeland, Corporal Michael Grandquest, Mr. Charles R. Diard, Jr., Officer Justin Billa and last year’s recipient, Officer Sean Tuder.
 
The Liberty Bell Award will be presented at the MBA October Membership Luncheon on Friday, October 23 at 1:00 p.m. at the Battle House Hotel. If you are interested in nominating someone for the award, click the button below.
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TIPS FOR NAVIGATING THE WEBSITE
For your first-time logging in:
You do not have to create a User Name and Password. It has been created for you.
Type in the following:
User Name: your email address
Password: MBA2020

Once logging in for the first time, for security purposes, please go to your preferences and update your information and change your password.

Credit Card Fee:
For any credit card purchases on the website, there is a $2.00 credit card fee. The new website does not automatically add the charge. You MUST type 1 in the box beside the credit card fee to complete the process.

Invoices:
Your invoice from the MBA are now generated from the website and are sent to you via email. To view the invoice, there will be a clickable link to the invoice. If you are unsure it is from the MBA, please call us at 251.433.9790 or email tanderson@mobilebarassociation.com.

CLEs and Certificate of Attendance:
If you are a member of the Mobile Bar Association and you attend one of our CLEs, you can track your credits and print your Certificate of Attendance from your profile on the website. Here's how you access it. At your profile, your CLEs and Certificates are listed under Professional Development. The system will allow you to print or email one credit or the full transcript. ALSO, your Certificate of Attendance is available for each CLE credit too. To the left of each Seminar entry are three icons. These icons are for the Certificate of Attendance. Click on the printer icon to print the certificate or select the envelope to email it to someone.
CONSIDER DONATING TO JUROR COFFEE
13TH JUDICIAL CIRCUIT COURT
For many years the Mobile Bar Association has proudly sponsored free coffee and condiments for Mobile County residents called to serve as jurors in the 13th Judicial Circuit Court. Although it may seem a small gesture, if something as seemingly insignificant as a fresh cup of coffee can make the jury process more enjoyable, we believe it is a benefit to the system as a whole.

Jury trials begin again in September, and the Mobile Bar Association is currently asking MBA Members to consider donating either $50.00 or $100.00 to help us continue this tradition. If you are interested in donating to the Juror Coffee Fund, please click here. Thanks in advance for your consideration and contribution. 
THANK YOU - DONATION RECEIVED FOR THE
13TH JUDICIAL CIRCUIT COURT JUROR COFFEE FUND
Thank you to the following member for making a donation to the 13th Judicial Circuit Court Juror Coffee Fund during the month of August.

  • Harry Satterwhite
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YOUNG LAWYERS SECTION
By Catherine Simon Spann, President
Golf Tournament Details

  • Teams tee-off time: 1:00 p.m.
  • Entry fee includes: lunch, dinner, cocktail hour and door prizes
  • NOTE: Start time and details are subject to change due to COVID-19 pandemic.
  • To register a team or sponsor: Contact Golf Tournament Chair John Leech by email at john@warhurstlaw.com.

Team and Sponsorship Opportunities

Team Entry Fee: $500
(4-member team/scramble-style tournament)

Hole Sponsor: $200
(Have your Company name listed at one of the 18 holes)

Longest Drive/Closest to the Pin/Hole-in-One Sponsor: $300
(Have your Company name listed at pre-selected holes 
for Longest Drive or Closest to the Hole)

Team Entry + Sponsorship: $650/750
(Save $50 by doing both)

For more information, please click here.
St. Mary's Children's Home

The Young Lawyers Section is happy to announce that it raised $1,035.00 for the children of St. Mary’s Children’s Home. Thank you to all who donated! Here is a photo of committee Chair Baxter Bishop delivering Chick-Fil-A biscuits to the children.

To join the Young Lawyers Section e-mail list, please email me, Catherine Spann at cspann@handfirm.com, Vice President Blake Richardson at brichardson@burr.com, or Treasurer Johana Gerheim at Johanabucci@mobileda.org. For updates, and additional information, please follow us on Facebook at Mobile Bar Association Young Lawyers (https://www.facebook.com/groups/97086876767/) and on Instagram (@Mobile_Young_Lawyers).



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WOMEN LAWYERS
By Tiffany Smith, President
Last month marked the 100th anniversary of the 19th Amendment and women's continuing quest for suffrage in the United States. Women-- including the first women attorneys-- staged one of the longest social reform movements in the history of the United States. On August 18, 1920, Tennessee became the 36th state to ratify the 19th amendment, thanks to Harry T. Burn, a 24-year-old legislator who followed his mother's advice to "be a good boy" and cast the 50th vote out of a possible 99. This is the 100th anniversary of a single vote in a single Southern state making all the difference in the world.

The MBAWL Board is looking forward to seeing everyone again soon. We are working on several options for virtual as well as in-person, socially distant meetings and CLEs in the next few months. At this point, we are moving forward with the knowledge that Covid-19 will likely affect and change our fall networking event, as well as presumably Morning Mimosas at Bench and Bar. We hope to find unique socially distant or virtual options to fill those spaces, and will be in touch over the next few months regarding how we may be able to do so.

We would like to hear from YOU. Please let us know if there is anything MBAWL can do for you, your practice, etc. We would like to know what kind of things we can do to help our community of women lawyers, both at work and personally. I know these trying times have affected each of us differently, and have been full of challenges (for example, dealing with new “co-workers” like children and pets!) and we would love to hear from you how we might address it as a group.
VERNON Z. CRAWFORD BAR ASSOCIATION
By Suntrease Williams-Maynard, President
The Vernon Z. Crawford Bay Area Bar Association partnered with the Alabama Lawyers Association to host voter registration drives throughout the State of Alabama on August 29th. Members of the Vernon Crawford Bar, along with some of the brightest young people in the Mobile area, set up at FOY for four hours registering eligible voters. Though we had to implement different measures to keep everyone safe, it was an outstanding event. We are grateful for everyone’s continued support and are especially thankful to FOY for allowing us to make this happen!
In Ex parte Shinaberry, No. 1180935 (Ala., July 31, 2020), the Supreme Court held that the trial court had abused its discretion in allowing an $8000 fee for a guardian ad litem in a pro ami settlement matter involving soft tissue injury to the minors. The Court noted that the guardian had provided limited, if any, detail as to how he spent so much time on the matter.
                                                                                                                                               
In a complicated case of first impression, the Supreme Court in Ex parte Bashinsky, No. 1190193 (Ala., July 2, 2020), held that no emergency in fact existed for the probate court in a temporary guardian/conservatorship proceeding and that the court’s disqualification of the alleged incompetent’s chosen counsel on the ground of an alleged conflict was error.
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DIED: Long-time MBA Member and Past President Mitchell “Mitch” George Lattof, Sr. died on August 4, 2020. A native Mobilian, Mitch graduated from Murphy High School in 1946 before earning business and law degrees from the University of Alabama. During the Korean War, he served in the U.S. Army Reserve and was honorably discharge in 1979. As an accomplished attorney, he practiced law in Mobile from 1952 until the time of his death. In his later years, Mitch enthusiastically chaired the MBA Archives and History Committee and orchestrated the Committee’s interviewing of Bar elders to preserve their memories and the Bar’s history*. He was an active member of St. Paul’s Episcopal Church from 1965 until his death, and served in various leadership roles there. Mitch is survived by his wife, four children, ten grandchildren, and one great-grandchild.

*The interviews are available for viewing from a playlist on the MBA's YouTube channel. Click here to view.
 
DIED: Distinguished lawyer-statesman MBA Member Robert Sherard Edington passed away on July 26, 2020. He was born in Mobile, where his father, David Henry Edington, served as MBA President and Circuit Court Judge. Robert graduated from UMS, Rhodes College, and the University of Alabama School of Law before practicing law in Mobile for 60 years. Robert joined the U.S. Navy in 1951, served as a decorated Air Intelligence Officer for a fighter squadron in the Korean War, and retired from the Reserves with the rank of Commander. He served eight years in the Alabama House of Representatives and four years as a state senator representing Mobile County. As a legislator, Robert was instrumental in the creation of the University of South Alabama, the University of South Alabama College of Medicine, and the development of Bishop State Community College. He also helped create the USS Alabama Commission which brought the battleship to Mobile in the 1960’s. Robert was a long-time member and two-term chair of the Commission. For 60 years, he coordinated the U.S. Navy ships that docked in Mobile at Mardi Gras. In 2016, Robert was interviewed by the MBA Archives and History Committee. Shortly after his passing, Alabama Congresswoman Terri Sewell honored Robert’s memory before the U.S. House of Representatives[1]. He is survived by his wife, two children and one granddaughter.
 
KUDOS: On August 14, 2020, the following MBA Members were sworn in as 2020-2021 Officers and Directors of the Alabama Defense Lawyers Association:
  • Andy Rutens, President
  • Christina May Bolin, Immediate Past President
  • Ben Heinz, District 4 Director

DIED: Brother of MBA Member Marshall Gardner, Thomas Michael Gardner, died on July 16, 2020. Tom worked with the MBA, helping to refurbish the headquarters in 2000. A native of Natchez, Mississippi, he passed away peacefully at his home in Albertville, Alabama. He is survived by his wife, daughter and two grandchildren.
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ANNOUNCEMENTS
If anyone with information on the whereabouts of the Last Will and Testament of Basil "Bill" T. Kaller, please contact Melissa Hunter at 251-476-4493.

Alison Baxter Herlihy, P.C. is pleased to announce that Walter R. Gewin is joining the firm as an associate. The firm's focus is on Family Law.

The shareholders of Silver, Voit & Thompson, Attorneys at Law, P.C. are pleased to announce that the firm's name has changed to Silver, Voit & Garrett, Attorneys at Law, P.C.

Prime office space for rent.  Great visibility ,  located on the beautiful  first floor of The Commerce Building, Royal Street in downtown Mobile.  2750 square feet includes private  his and her bathrooms, small kitchen area, fabulous lobby with double glass door entry,  conference room and 5 separate offices.  Call Linda for details; 251-423-0094.
 
AFFORDABLE MIDTOWN OFFICE SPACE: Spacious and affordable offices for rent in an historic home located in the beautiful Midtown on Dauphin Street. Office is located a few blocks from Broad Street. Plentiful onsite parking. Office includes a conference room, waiting area, kitchenette, balcony looking over Dauphin Street, plus optional space for staff if needed. Please contact Buzz Jordan, Office: 251-432-5400, Cell: 251-421-1056 or Email: buzz@rossandjordan.com.
A DONATION HAS BEEN MADE TO THE
MOBILE BAR FOUNDATION
In Memory of:
ROBERT S. EDINGTON
By: Donald M. Briskman and Mack B. Binion

In Memory of:
ROBERT S. EDINGTON
By: Sam Crosby
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MOBILE BAR FOUNDATION DONATION FORM
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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OTHER UPCOMING CLEs
Alabama Coastal Foundation's Wetlands Compliance Workshops
Date: Tuesday, October 20, 2020
Time: 8:30 a.m. - 12:05 p.m.
Location: Mobile Area Association of Realtors | 2827 Airport Boulevard
Workshop will be available both in-person and online.
Cost: $50.00, which includes session and box lunch

Registration deadline is Tuesday, October 13, 2020.
For more information or to register, click here.
CALENDAR OF EVENTS
Thursday, September 3
Executive Committee Meeting | Zoom

Monday, September 7
Labor Day | MBA Headquarters Closed

Friday, September 11
Deadline for submitting Liberty Bell Award

Tuesday, September 15
October Bulletin Deadline Date
Thursday, September 17
Mentoring Tiger Tactics Book Review - Chapters 9 - 10 | Zoom

Monday, September 21
Workers' Compensation Section Lunch & Learn
The Athelstan Club

Thursday, September 24
Grievance Committee Meeting
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Listed below are members that are celebrating birthdays in September:
Alan Alexander
Richard Alexander
Douglas Anderson
Katherine Arnold
Derek Atchison
Britt Bethea
William Bradly
Judson Brandt
Joseph Brown
Scott Browning
Richard Browning
John Brutkiewicz
Joseph Campbell
Kathryn Carver
John Cherry
Lisa Cooper
Stephen Copeland
David Daniell
Michael De Laney
Gilbert Dukes
Joseph Fellows
Jim Fernandez
Clayton Garrett
Jordan Gerheim
Sherri Ginger
Carl Gottlieb
Allen Graham
Irvin Grodsky
Tracy Guice
Lee Hale
Brandy Hambright
Ben Harris
Alison Herlihy
Kenneth Hitson
Jennifer Holifield
Alvin Hope
David Johnson
Vivian Johnston
Keava Jones
Rhonda Kinard
Catherine Kirkland
Stephen Klimjack
Alexander Lankford
Rick LaTrace
Susan Leach
John Lee
Earle Long
Mary Mantiply
Tony Marsal
Brian McCarthy
Marcus McCrory
Kristine McCulloch
Sarah McLaughlin
Michael McNair
Walter Meigs
Jessica Milling
Joseph Minus
Henry Morrissette
Mary Murchison
James Newman
John O'Dowd
Steve Olen
Craig Olmstead
Emily Parish
Mary Pilcher
Wesley Pipes
Craig Pittman
Cindy Powell
Wanda Rahman
Kirkland Reid
Ashley Rich
Jay Robinson
Queena Ruffin
Brooke Sanchez
Lawrence Seiter
Larry Sims
Roland Slover
Bryan Smith
Jason Smith
Brian Smithweck
Gary Spear
Rick Stout
John Teague
Brian Trammell
Keith Violante
Lawrence Voit
Dean Waite
Edgar Walsh
Bruce Westbrook
Richard Williams
Arthur Williams
James Wood
Tucker Yance
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Mobile Bar Association | 251-433-9790 | mobilebarassociation.com